Direct Legislation by the Citizenship through the Initiative and Referendum

by J. W. Sullivan

Types of the executive councils are those of Geneva, city and canton. The city executive council is composed of five members, elected by the people for four years. The salary of its president is $800 a year; that of the other four members, $600. The cantonal executive has seven members; the salaries are: the president, $1,200; the rest, $1,000. In both city and cantonal councils each member is the head of an administrative department. The cantonal executive council has the power to suspend the deliberations of the city executive council and those of the communal councils whenever in its judgment these bodies transcend their legal powers or refuse to conform to the law. In case of such suspension, a meeting of the cantonal Grand Council (the legislature) must be called within a week, and if it approves of the action of the cantonal executive, the council suspended is dissolved, and an election for another must be had within a month, the members of the body dissolved not being immediately eligible for re-election. The cantonal executive council may also revoke the commissions of communal executives (maires and adjoints), who then cannot immediately be re-elected. Check to the extensive powers of the cantonal executive council lies in the fact that its members are elected directly by the people and hold office for only two years. But in cantons having the obligatory Referendum, Geneva's methods, however advanced in the eyes of American republicans, are not regarded as strictly democratic.

The Federal Executive Council.

The Swiss nation has never placed one man at its head. Prior to 1848, executive as well as legislative powers were vested in the one house of the Diet. Under the constitution adopted in that year, with which the Switzerland as now organized really began, the present form of the executive was established.

This executive is the Federal Council, a board of seven members, whose term is three years, and who are elected in joint session by the two houses of the Federal Assembly (congress). The presiding officer of the council, chosen as such by the Federal Assembly, is elected for one year. He cannot be his own successor. While he is nominally President of the Confederation, Swiss treatises on the subject uniformly emphasize the fact that he is actually no more than chairman of the executive council. He is but "first among his equals" (primus inter pares). His prerogatives—thus to describe whatever powers fall within his duties—are no greater than those pertaining to the rest of the board. Unlike the President of the United States, he has no rank in the army, no power of veto, no influence with the judiciary; he cannot appoint military commanders, or independently name any officials whatever; he cannot enforce a policy, or declare war, or make peace, or conclude a treaty. His name is not a by-word in his own country. Not a few among the intelligent Swiss would pause a moment to recall his name if suddenly asked: "Who is President this year?"

The federal executive council is elected on the assembling of the Federal Assembly after the triennial election for members of the lower house. All Swiss citizens are eligible, except that no two members may be chosen from the same canton. The President's salary is $2,605, that of the other members $2,316. While in office, the councilors may not perform any other public function, engage in any kind of trade, or practice any profession. A member of the council is at the head of each department of the government, viz.: Foreign Affairs, Interior, Justice and Police, Military, Finances, Commerce and Agriculture, and Post-Office and Railroads. The constitution directs a joint transaction of the business of the council by all the seven members, with the injunction that responsibility and unity of action be not enfeebled. The council appoints employés and functionaries of the federal departments. Each member may present a nomination for any branch, but names are usually handed in by the head of the department in which the appointment is made. As a minority of the board is uniformly composed of members of the political party not, if it may be so described, "in power," purely partisan employments are difficult. Removals of federal office-holders in order to repay party workers are unheard of.

The executive council may employ experts for special tasks, it has the right to introduce bills in the Federal Assembly, and each councilor has a "consultative voice" in both houses. In practice, the council is simply an executive commission expressing the will of the assembly, the latter having even ordered the revision of regulations drawn up by the council for its employés at Berne. The acts of the assembly being liable to the Referendum, connection with the will of the people is established. Thus popular sovereignty finally, and quite directly, controls.

While both legislators and executives are elected for short terms, it is customary for the same men to serve in public capacities a long time. Though the people may recall their servants at brief intervals, they almost invariably ask them to continue in service. Employés keep their places at their will during good behavior. This custom extends to the higher offices filled by appointment. One minister to Paris held the position for twenty-three years; one to Rome, for sixteen. Once elected to the federal executive council, a public man may regard his office as a permanency. Of the council of 1889, one member had served since 1863, another since 1866. Up to 1879 no seat in the council had ever become vacant excepting through death or resignation.

Features of the Judiciary.

Civil and criminal courts are separate. The justice of the peace sits in a case first as arbitrator, and not until he fails in that capacity does he assume the chair of magistrate. His decision is final in cases involving sums up to a certain amount, varying in different localities. Two other grades of court are maintained in the canton, one sitting for a judicial subdivision called a district, and a higher court for the whole canton. Members of the district tribunal, consisting of five or seven members, are commonly elected by the people, their terms varying, with eight years as the longest. The judges of the cantonal courts as a rule are chosen by the Grand Council; their number seven to thirteen; their terms one to eight years. The cantonal court is the court of last resort. The Federal Tribunal, which consists of nine judges and nine alternates, elected for six years, tries cases between canton and canton or individual and canton. For this bench practically all Swiss citizens are eligible. The entire judicial system seems designed for the speedy trial of cases and the discouragement of litigation.

No court in Switzerland, not even the Federal Tribunal, can reverse the decisions of the Federal Assembly (congress). This can be done only by the people.