CONSERVATIVE DEMOCRACY IN SWITZERLAND.
THERE is no European country as much visited, as well known physically, morally as little known, as Switzerland, —and yet none that more deserves to be known. Its small stage is really a microcosm, in some corner or other of which, if not on the stage at large, almost every experiment in poli- tical science has been, or is in process of being, worked out. But the difficulties of investigation are very great. With the exception of the French-speaking population of the south-west corner of their country, the Swiss are the most unliterary as well as the best educated population in Europe. They very seldom take the trouble to write anything about themselves, and when they do, they generally have to get what they say printed elsewhere. Even a popular author, when they have one, such as Gottfried Keller, has his " Ziiricher Novellen " published at Stuttgart.. If any work issues from a Swiss press, it is most likely some publication of a Radical or Revolutionary foreigner, which cannot get printed elsewhere.
All the more grateful should we be, therefore, when some observer of foreign birth takes the pains to sketch for the world at large a picture of what is going on in this interesting little political laboratory, where problems, elsewhere generally of mere theory, such as the direct participation of the people in legislation, abolition of capital punishment, the free exercise of the legal profession, are being submitted to the test of practice. Professor Gustav Cohn's pamphlet on the legislation of Switzerland under the new Constitution* (published, of course, at Jena) confines itself, indeed, to one portion of the subject,—the carrying-out by legislation of the various prin- ciples laid down by the Swiss Constitution of 1848, as revised in 1874, as to the competency of the central authority in economic matters. But his sketch will be found full of infor- mation by the statesman, and in part, by all who take an interest in the higher politics. One of the most striking facts which he brings out is that the so-called "Referendum," or the right to refer all laws for approval to the people at large, —in the shape, at least, in which it has been admitted by the new Constitution, viz., on the proposal of 30,000 voters, or of eight Cantons—has acted hitherto in a purely Conservative sense, or as Dr. Cohn expresses it, "as a House of Lords," working as a clog upon all novelty in legislation. The recent popular vote on the subject of the restoration of capital punishment, though the actual effect of it may have been mis- apprehended, gives additional force to Dr. Cohn's observation. The branches of legislation with which Dr. Cohn's pamphlet occupies itself are those relating to railways, forest conserva- tion and field sports, the hours of labour in factories, the tax for exemption from military service, finance generally, and the currency. Under the first head may be noticed the political history of that constantly talked about but very little under-
stood matter, the St. Gothard Railway, a story which is almost dramatic in some of its incidents. In speaking of the new law as to the inspection of forests, Dr. Cohn brings out a curious fact illustrative of the steady Conservatism which lies at the root of the Swiss character. The Swiss forest inspectors are, it seems, elected only for three years, though their office is one especially requiring stability and sequency in its operations, and the fact has been pointed to by German economists as a striking instance of the "rash democratic mutation of officials • Die Dundesgeselegebung d,r Schweiz unter der News Volans!". Von Gustav
Cohn, Professor in Zurich. Jens: Gustav Fischer. 1879.
in Switzerland," and of its "unfavourable working on forest con- servation." But Dr. Cohn declares that although most functions both of the Cantons and the Bund are conferred only for short periods of time,—three, six, or (exceptionally) ten years,—re- election of the same officer is the well-established custom, and takes place as a matter of course. Even State functions of a specifically political character, dependent upon popular elec- tion, are always preferably conferred on the previous holders, so long as they themselves exhibit no wish to withdraw from them, and it amounts almost to a revolution when the highest political functionaries are not re-elected. What is true of political functions is "three or four times" as much so of public offices not of a political nature, so that it "perhaps happens as seldom as in Germany" that a public officer is changed for political reasons. But above all, is this true of the central authority. The Council of the Bund, although elected only for three years by the Assembly, has now for thirty years been more stable in character than any Ministry in a Monarchical State. Once chosen, every member has kept his place till resignation or death. Hence, for all the sub- ordinate offices of the Band of a technical or scientific char- acter, the democratic form of frequent re-election is almost without practical meaning ; and the same with those created by central legislation, like that on forest conservation.
The details which Dr. Cohn gives as to Swiss forest legis- lation are very interesting, and show that the subject has been worked out in a thoroughly scientific way. The Swiss forest system extends over the whole high mountain region (Ilochge- Urge), comprising seven entire Cantons, and the "high moun- tains" of eight others. Within the forest jurisdiction are included all "protective woods," viz., all such as by their position on heights or stiff slopes, the banks of rivers or water-courses, &c., or by reason of the small amount of wooded surface in a particular region, may serve as a protection against climatic accidents, damage by winds, avalanches, the fall of rocks, landslips, floods, &c., together with the woods belonging to the State, to the communes, or to cor- porations. The Swiss laws on hunting, shooting, and fish- ing are also noteworthy. Not only, as with us, are a number of particular birds placed under protection, but all bird-catching by means of nets, call-birds, or other apparatus, is forbidden ; and the educational authorities are enjoined to teach child- ren in the public schools which are the protected birds, and that they ought to spare them. So, as respects fishing, there must be no standing nets to cover more than half the water- way ; a minimum mesh is fixed, and the use of all means of stupefying fish, as well as of explosives or firearms for catching them, is forbidden, and also the throwing into fishing waters of any matters of a nature to injure or drive away the fish. Salmon and trout under certain dimensions cannot be sold.
The account of Swiss factory legislation should be com- mended to those who wish to see our own country retrace her steps towards longer hours of labour. Switzerland—that won- derful little country, which, without being able to obtain a pound of cotton except by transit through regions of hostile tariffs, has raised up a cotton-manufacturing industry holding its place among the foremost on the Continent of Europe— instead of allowing greater latitude than England in the em- ployment of labour, allows much less. Whilst England permits the employment of children in factories or workshops from the age of 10, under the condition that until 13 they shall only work half-time, in the interest of their education, or if employed on alternate days, shall not be so on work-days for more than 10f hours, exclusively of meal-times, and simply restricts to the same period of 101 hours the labour of young persons (from 13 years of age) and of women ; Switzerland forbids all em- ployment in factories of children under 14, fixes eleven hours for young persons between 14 and 17 as the sum-total of the hours of daily labour, education, and religious instruction (neither of which latter is to be neglected for the former), and forbids Sunday and night work before the completion of the 18th year. But more than this. Whilst it has been almost axiomatic in English factory legislation that the labour of adult males was not to be restricted by law, Switzerland has not been afraid, after years of examination and discussion, and the experience since 1872 of one of her own manufacturing Cantons, Glarus, to fix eleven hours as the legal maximum of factory labour for adults of both sexes ; so that the most en- lightened of all our Continental competitors, as well as the one which has to carry on her manufacturing industry under the most unfavourable material conditions, actually imposes more restraint upon factory labour, instead of less, than ourselves.
The details which Dr. Cohn gives of the tax imposed on Swiss citizens and resident foreigners who do not render military service, belong to an order of facts so entirely remote from our own experience, that the interest attaching to them is for us one of curiosity only. Suffice it to say that this tax, which partakes of the character of a property and income-tax, may rise from six francs a year, or say less than 5s., to 3,000f., or g120,—certainly something very different from the remote liability of an Englishman to be " balloted " for the Militia! The writer's sketch of the Swiss financial system, which dates only from the Constitution of 1848 (till then the Confederation had no permanent income), is a valuable one. He shows the Swiss Customs system to be exactly the reverse of the English one. Instead of raising import duties only on a limited number of articles in large demand, Switzerland raises duties on all imports whatsoever, and these the Federal Council has recommended to be fixed on certain definite principles. Raw materials would be charged 1 per cent. ad valorem, only ; partly manufactured articles, 2 per cent. ; manufactures, 3; made-up goods, not being articles of mere luxury, 5; objects of luxury, 10; while spirits and tobacco are subject to exceptional duties. A Commission of the Federal Assembly has, however, proposed more searching measures, which would include internal duties on spirits and tobacco, as well as a tax on bank-notes. The financial condi- tion of the Bund in the meanwhile is not satisfactory, there being a chronic, though small deficit. Details as to the part taken by Switzerland in the proceedings of what is known as the Latin Monetary Union complete the sketch.
It is obvious that the tendency of the Swiss polity is towards the increase of the central authority, both in respect of extent and of what may be called intensity of action. It is, however, equally clear that this process developes itself under conditions which render its working singularly steady and safe. Cantonal experience is one of its safeguards ; so far as respects internal legislation, the Bund cannot practic- ally introduce any novelty,. which has not been tried in one or more of its constituent Cantons. Then the reference of the laws to the popular vote on the application of a con- siderable minority, whether of States or of individuals, acts, as has been said, in a purely Conservative sense, and prevents the passing of laws which have not really commended them- selves to the great bulk of the population. On the other hand, the initiative which is left to the people of deciding upon con- stitutional changes—it being the right of 50,000 voters to demand that the question of a revision of the Constitution be put to the popular vote—affords henceforth a safety-valve against revolution which, it may be hoped, will prove one of the most effectual character.
Composed as it is of the three leading races of Western Continental Europe, the German, the French, and the Italian, Switzerland is invaluable to each, as showing, on a small scale, almost all that can or cannot be done by each. More- over, the fact that although particular Cantons may often be led into political follies and excesses, yet the general conduct of the affairs of the Bond has remained, as a rule, eminently wise and dignified, affords strong ground for thinking that diversity of race, where the equal rights of all are respected, is rather an advantage than a hindrance to a nation. It is difficult to believe that a Switzerland all German, all French, or all Italian would ever have been what Switzerland is,—the brightest jewel among the States of Continental Europe.
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