211 



DISCOVERY 



and M. J. Marshall, of the Shawinigan Laboratories, 

 in a j)apcr in the special Shawinigan number of the 

 Canadian Chemical Journal, gives a very good sum- 

 mary and review of the possibilities of the future, 

 with a table, arranged like a genealogical tree, showing 

 the relationship of the various products and how they 

 can all be derived from acetylene, itself the product 

 of coke and lime. In this table it is, to say the least, 

 striking to find such important substances as rubber 

 and alcohol, thus showing how far a war-time necessity 

 may lead should the occasion arise and the pinch of 

 necessity make itself felt. 



Note. — The reader will find a very much fuller account of 

 this subject in the Canadian Chemical Journal ior August 1919. 

 This contains many illustrations and diagrams. The articles 

 are by many hands, and the whole subject is treated very fully. 



Notes on the New German 

 Constitution 



By G. F. Bridge 



A TRANSLATION of the new German Constitution has 

 appeared in Mr. Charles Young's book The Neiv 

 Germany, and an examination of it may not be without 

 interest. It is a remarkable combination of old German 

 pohtical ideas with advanced contemporary conceptions 

 of the functions of the State. It embraces not merely 

 government and administration — what we are accus- 

 tomed to caU politics — but it includes in its purview 

 education, religion, the welfare of the child, the mother, 

 and the labourer, and social and industrial organisation. 

 The result of a stniggle between political parties, it 

 bears throughout the marks of compromise, and in 

 some cases adjacent clauses appear to be, if not con- 

 tradictory in a legal sense, at least inspired by a con- 

 trary spirit. But the new Constitution is not, like 

 Bismarck's schemes, a compromise between centripetal 

 and centrifugal forces, but the result rather of the 

 clash of socialism and individualism. The old 

 " States," one gathers, did not show much fight. They 

 are reduced to ghosts and shadows. Their very name 

 has disappeared. Land having been substituted for 

 Slaal — an expressive change, for Staat implies a self- 

 governing unit, Land as here used merely a division 

 of the country. The Constitution of das deutsche 

 Reich is practically a unitary Constitution. In every 

 matter on which a Government can legislate the Reich 

 " has exclusive authoritj'," or " has legislative autho- 

 rity " or " the right to legislate," or it " can frame 

 general principles." The exact shade of difference 



which exists between some of these " authorities " 

 and " rights " may be left for constitutional lawj-ers 

 to discuss : the general outcome is that the Central 

 Legislature is all-powerful, and may give to the Local 

 Legislatures or withhold from them what powers and 

 functions it thinks fit. For Local Legislatures will still 

 exist. " Every Land," says Art. 17, " must have 

 a liberal Constitution." Nay, more, there are pro- 

 visions for the creation of new Lander, just as there 

 are for the recognition of new States of the American 

 Union ; the consent of the inhabitants, signified by 

 votes, being an essential condition for any such creation 

 or for any change of frontier between Lander. But 

 it seems likely that practically little power will be 

 left to the subordinate Governments, except some 

 measure of control in religious matters and education, 

 some right to own commercial undertakings, and the 

 right to " make treaties with foreign States on matters 

 which fall within their own legislative competence " 

 (Art. 78). The ancient glories will depart. Bavaria 

 and Wiirtemberg will give up their postal departments 

 and their stamps ; all railways, waterways, and marine 

 lights are transferred to the Reich, and there will be 

 only one army for the whole country. 



The most substantial remnant of the old German 

 federative system to be found in the Constitution is 

 the Rcichsrat, the Second Chamber of the Legislature, 

 which takes the place of the old Biindesrat. This is 

 formed of representatives of the Lander, on the basis 

 of one member for everj- million inhabitants, with the 

 proviso that no La)id shall have more than two-fifths 

 of the total number of votes, an echo of Bismarck's 

 politic provision for preventing a Prussian majority 

 in the Biindesrat. The Reichsrat has apparently equal 

 powers with the Reichstag in legislation, though the 

 second sentence of the section on Legislation, " Acts 

 of the Realm shall be passed by the Reichstag," seems 

 to suggest that the latter body is to be regarded as 

 the principal law-making authority. But, however 

 that may be, the rights of veto and initiation are 

 secured to the other Chamber. The solution for cases 

 of disagreement is to be the Referendum. The Pre- 

 sident of the Reahn can refer the issue to the people, 

 and if two-thirds of the Reichstag are against the 

 Rcichsrat, he must so refer it, or else proclaim the Bill 

 to be law, over the heads of the latter body. If the 

 Reichstag insist on their position by a mere majority, 

 apparently it rests with the President either to drop 

 the Bill or to take a plebiscite. 



The Referendum plaj-s a considerable part in the 

 Constitution. The President can refer any act of the 

 Reichstag to a popular vote. One-third of the members 

 of the Reichstag, supported by one-twentieth of the 

 voters, can demand such a reference. One-tenth of 

 the voters can demand the introduction of a BilL On 



