Each of the twenty-six groups here enumerated maintained at the time of the election an independent party organization, although in the Chamber the representatives of certain of them were accustomed to act in close co-operation. To the clericals and conservatives of all shades fell an aggregate of 230 seats; but among the various groups of this type there has never been sufficient coherence to permit the formation of a compact conservative party. Among the liberal and radical groups lack of coherence was, and remains, still more pronounced. The most striking feature of the election of 1907 was the gains made by the Social Democrats and the Christian Socialists, to be explained largely by the extension of the franchise to the non-taxpaying and small taxpaying population.

Seats after election of 1907Seats in previous Chamber
Social Democrats90 11
Christian Socialists67 26
German Clericals29 29
German Progressives23 60
German Radicals24 46
German Agrarians21 4
Independent Pan-Germans8 7
Pan-Germans3 15
Polish Club54 66
Polish Radicals16 0
Polish Independent Socialists3 0
Ruthenes28 9
Jewish Zionists3 0
Young Czechs19 47
Old Czechs6 3
Czech Realists2 0
Czech Agrarians25 5
Czech Clericals19 2
Czech Radicals10 8
Slovene Clericals22 19
Slovene Liberals3 6
Italian Liberals4 12
Italian Clericals10 6
Croats9 7
Serbs2 0
Roumanians5 4

534. The Elections of 1911.—The truce by which the election of 1907 was accompanied was not of long duration, and November 8, 1908, the ministry of Baron Beck was driven by German obstructionism to resign. After three months as provisional premier Baron von Bienerth, former Minister of the Interior, made up a cabinet which included representatives of a number of parties and which, despite occasional readjustments of portfolios, exhibited a fair measure of stability throughout upwards of two years. In December, 1910, the Czechs and Poles precipitated a cabinet crisis in consequence of which the ministry was reconstructed (January 9, 1911) in such a manner as to strengthen the Slavic and weaken the Germanic element. But the forces of opposition were not appeased, and as a last resort the Government determined upon a dissolution and an appeal to the country. The results, however, were by no means those which were desired. At the general elections, which took place June 13 and 20, the Christian Socialists, from whom the Government had drawn its most consistent support, were roundly beaten, and June 26 Baron von Bienerth and his colleagues resigned. The ministry thereupon made up was presided over by Baron Gautsch. It, however, endured only until October 31, when it was succeeded by that of Count Stuergkh.

The elections of 1911 were hotly contested. The 516 seats to be filled were sought by 2,987 candidates, representing no fewer than fifty-one parties and factions, and second ballotings were required in almost two-thirds of the constituencies. The Czechs returned with undiminished strength, and the German Radicals and Progressives realized substantial gains. The most notable feature, however, was the victory of the Social Democrats over the Christian Socialists, especially in the capital, where the quota of deputies of the one party was raised from ten to nineteen and that of the other was cut from twenty to four. The Christian Socialists, it must be observed, are not socialists in the ordinary meaning of the term. The party was founded by Dr. Lüger a few years ago in the hope that, despite the establishment of manhood suffrage in the Empire, the Social Democrats might yet be prevented from acquiring a primacy among the German parties. It is composed largely of clericals, and in tone and purpose it is essentially reactionary. By maintaining an active alliance with the German Clerical party it contrived to hold in check the Social Democracy throughout the larger portion of the period 1907-1911. But it was handicapped all the while by internal dissension, and the defeat which it suffered at the last elections has relegated it, at least for the time being, to a subordinate place.[681]

V. The Judiciary and Local Government

535. General Principles: the Ordinary Tribunals.—All judicial power in the Austrian Empire is exercised, and all judgments and sentences are executed, in the name of the Emperor. Judges are appointed for life, by the Emperor or in his name, and they may be removed from office only under circumstances specified by law and by virtue of a formal judicial sentence. On taking the oath of office all judicial officials are required to pledge themselves to an inviolable observance of the fundamental laws. The Law of December 21, 1867, concerning the Judicial Power withholds from the courts the power to pronounce upon the validity of statutes properly promulgated, though they may render judgment on the validity of Imperial ordinances involved in cases before them.[682] With some exceptions, fixed by law, proceedings in both civil and criminal cases are required to be oral and public; and in all cases involving severe penalties, as well as in all actions arising from political crimes and misdemeanors and offenses committed by the press, the guilt or innocence of the accused must be determined by jury.

By the law of 1867 it is stipulated that there shall be maintained at Vienna a Supreme Court of Justice and Cassation (Oberste Gerichts-und Kassationshof) for all of the kingdoms and countries represented in the Reichsrath, and that the organization and jurisdiction of inferior courts shall be determined by law. Of inferior tribunals there have been established 9 higher provincial courts (Oberlandesgerichte),[683] 74 provincial and district courts (Landes-und Kreisgerichte), and 96 county courts (Bezirksgerichte). The provincial and district courts and the county courts, together with a group of jury courts maintained in connection with the provincial and district tribunals, are courts of first instance; the higher provincial courts and the Supreme Court exercise a jurisdiction that is almost wholly appellate. There exist also special courts for commercial, industrial, military, fiscal, and other varieties of jurisdiction.

536. The Imperial Court.—In Austria, as in France and other continental countries, cases affecting administration and the administrative officials are withheld from the jurisdiction of the ordinary courts and are committed to special administrative tribunals. By law of 1867 provision was made for an Imperial Court (Reichsgericht), to exercise final decision in conflicts of jurisdiction between the two sets of courts and, in general, in all disputed questions of public law, after the manner of the Court of Conflicts in France. The Imperial Court was organized by law of April 18, 1869. It sits at Vienna, and it is composed of a president and deputy president, appointed by the Emperor for life, and of twelve members and four substitutes, also appointed for life by the Emperor upon nomination by the Reichsrath. It decides finally all conflicts of competence between the administrative and the ordinary judicial tribunals, between a provincial diet and the Imperial authorities, and between the independent public authorities of the several provinces of the Empire. Very important in a country so dominated by a bureaucracy as is Austria is the power which by fundamental law is vested in the Imperial Court to pass final verdict upon the merits of all complaints of citizens arising out of the alleged violation of political rights guaranteed to them by the constitution, after the matter shall have been made the subject of an administrative decision. The purpose involved is to afford the citizen who, believing himself deprived of his constitutional rights, has failed to obtain redress in the administrative courts, an opportunity to have his case reviewed by a tribunal constituted with special view to permanence, independence, and impartiality. High-handed administrative acts which are covered by statute, however, are beyond its reach, for, like all Austrian tribunals, it is forbidden to question the validity of a duly promulgated law.[684]

537. The Provincial Governments: Composition of the Diet.—Each of the seventeen political divisions of the Empire has a government of its own, established on the basis of its Landesordnung, or provincial constitution. The executive, for affairs that are considered strictly divisional, consists of a provincial council, the Landesausschuss, composed of the president of the diet (nominated by the Emperor) as ex-officio chairman and from four to eight members variously elected within the province. Imperial interests are specially represented in the province, however, by a Statthalter, or Landespräsident, appointed by the crown, and independent of local control.