Article 16.

In general, all laws necessary for the strengthening of the

Government and kingdom, and the regulation of State affairs,

and for the Constitution of Ministries, must receive the

sanction of the National Assembly.

Article 17.

The necessary Bills for making new laws, or for the

alteration, amplification, or cancellation of existing laws,

will, when desirable, be prepared by the National Assembly to

be submitted to His Imperial Majesty the Shah for signature

with the approval of the Senate, and to be then put into

execution.

Article 18.

The regulation of financial matters, the modification of the

Budget, the alteration of the arrangement of taxation, the

refusal or acceptance of impositions, as well as the

inspections which will be undertaken by the Government, will

be done with the approval of the Assembly.

Article 19.

The Assembly will have the right, for the purpose of reforming

financial matters and facilitating the relations of the

Governors and the apportioning of the provinces of Persia, and

the reappointment of Governors, after the Senate has given its

approval, to demand from the Government authorities that the

decision arrived at should be carried out.

Article 20.

The Budget of each Ministry must be finished for the

succeeding year in the last half of each year, and must be

ready fifteen days before the 20th March.

Article 21.

Should it be necessary with regard to the constitutional laws

of the Ministries to make a new law, or to alter or cancel

existing laws, it will be done with the consent of the

National Assembly, whether its necessity be first pointed out

by the Assembly or by the responsible Minister.

Article 22.

Whenever a part of the revenue or property of the Government

or State is to be sold, or a change of frontier or border

becomes necessary, it will be done with the approval of the

National Assembly.

Article 23.

Without the approval of the National Assembly no concession

whatever for the formation of Companies or Associations shall

be granted by the Government.

Article 24.

Treaties, Conventions, the granting of concessions,

monopolies, either commercial, industrial, or agricultural,

whether the other party be a native or a foreigner, can only

be done with the approval of the National Assembly. Treaties

which it may be in the interests of the Government or nation

to keep secret are excepted.

Article 25.

All Government loans of any nature whatsoever, whether

internal or foreign, will be made with the knowledge and

approval of the National Assembly.

Article 26.

The construction of railways or roads, whether the cost be

defrayed by the Government, by Associations or Companies,

whether native or foreign, can only be undertaken with the

approval of the National Assembly.

Article 27.

Should the Assembly find in any place a fault, in the laws or

an irregularity in their fulfilment, it will draw the

attention of the responsible Minister to the same, and he will

have to give the necessary explanations.

Article 28.

Should a Minister, in contravention of one of the laws which

have received the Imperial sanction, by misrepresentations

obtain the issue of a written or verbal order from His

Imperial Majesty the Shah, and excuse himself thereby for his

delay and negligence, he will by law be responsible to His

Imperial Majesty the Shah.

{155}

Article 29.

Whichever Minister who in a matter or matters should not be

able to answer for his actions in accordance with the laws

approved by His Imperial Majesty, and if it should be apparent

that he has broken the law and transgressed the stipulated

limitations, the Assembly will petition His Imperial Majesty

for his dismissal, and when his fault has been determined by

the Courts of Justice he will not again be allowed to serve

the Government.

Article 30.

The National Assembly has the right whenever it considers it

desirable to make petitions direct to His Imperial Majesty by

the means of a body composed of the President and six Members

elected by the six classes. The time for the audience must be

arranged for through the Minister of Court.

Article 81.

The Ministers have the right to be present at the sittings of

the National Assembly, and to sit in the place set apart for

them, and to hear the debates of the Assembly; and should they

think it necessary, they may ask the President for permission

to speak and give the necessary explanations for the

discussion and investigation of affairs.

Article 32.

Any individual member of the public may make a statement of

his case, or complaints or criticisms, to the office of the

Assembly, and, if the matter concerns the Assembly itself, a

satisfying answer will be given to him; but should the matter

concern one of the Ministries, it will be sent to that

Ministry for investigation, and in order that a satisfying

answer be given.

Article 33.

New laws which are necessary will be prepared at the

responsible Ministries, and will be given to the National

Assembly by the responsible Minister or by the Sadr Azam, and

after receiving the approval of the Assembly will receive His

Imperial Majesty’s sign-manual and be put into execution.

Article 34.

The President of the Assembly can, if necessary, of his own

initiative or by the desire of ten Members of the Assembly or

of a Minister, form a Secret Committee, without the presence

of newspaper reporters or spectators, composed of a number of

persons chosen from among the Members of the Assembly, at

which the other Members of the Assembly will not have the

right to attend. The result of the deliberations of the Secret

Committee can, however, only be put into execution when the

Secret Committee in the presence of three quarters of the

persons elected accept the point at issue by a majority of

votes, and if the matter be not passed by the Secret

Committee, it will not be stated in the Assembly and will

remain secret.

Article 35.

Should the Secret Committee be instituted by the President of

the Assembly, he has the right to inform the public of any

part of it he thinks fit; but if the Secret Committee is

instituted by a Minister, the publication of the debate can

only be subject to that Minister’s permission.

[Articles 36-42 are regulative of the transaction of business

between the Assembly and the Ministries of the Government in

matters of debate, inquiry, action on bills, etc.]

THE INSTITUTION OF THE SENATE.

Article 43.

Another Assembly, called the Senate, will be constituted,

composed of sixty Members, whose sittings will coincide, after

its constitution, with those of the National Assembly.

Article 44.

The Regulations of the Senate must receive the approval of the

National Assembly.

Article 45.

The Members of the Assembly will be chosen from among the

enlightened, intelligent, orthodox, and respectable persons of

the State, thirty persons on behalf of His Imperial Majesty,

of whom fifteen from among the inhabitants of Tehran and

fifteen from the inhabitants of the provinces, and thirty

persons on behalf of the nation, of whom fifteen persons

elected by the people of Tehran and fifteen persons elected by

the people of the provinces.

Article 46.

After the constitution of the Senate all affairs must receive

the approval of both Assemblies. If those affairs are

initiated by the Senate or by the body of Ministers, they must

first be determined in the Senate and passed by a majority,

and then be sent to the National Assembly for approval; but

affairs initiated in the National Assembly will, on the

contrary, pass from that Assembly to the Senate, with the

exception of financial matters, which will be the prerogative

of the National Assembly, and the Senate will be informed of

the arrangements made by the Assembly regarding these affairs

in order that the Senate should make its observations on the

same to the National Assembly, which is, however, at liberty,

after the necessary investigations, either to accept or to

refuse the proposals of the Senate.

Article 47.

So long as the Senate is not constituted affairs will require

only the approval of the National Assembly and the sign-manual

of His Imperial Majesty to be put into execution.

[Article 48 provides for the constituting of a "third

assembly," composed of an equal number of members from the

National Assembly and the Senate, to deal with cases in which

those two bodies are in disagreement, and for the ultimate

dissolution of the National Assembly, preparatory to the

election of a new one, in case no settlement of the

disagreement is reached.

Article 49 allows the new Tehran deputies then elected to

begin their labors, outside of the points at issue, as soon as

they are ready.]

The conclusion of the Constitution is as follows:

Article 50.

During each term of election—that is to say, during two

years—a general election will not be called more than once.

Article 51.

It is decreed that the Sovereign who succeeds us should

protect these limitations and Articles, which aim at the

strengthening of the State and of the foundations of the

kingdom, and the protection of justice and contentment of the

nation, which we have decreed and put into execution, and

which they must look upon as their duty to fulfil.

In the month of Zilkade the Unclean, 1324.

O God the Almighty!

The Constitutional Laws of the National Assembly and the

Senate, containing fifty one Articles, are correct.

14th of the month of Zilkade, 1324

(30th December, 1906).

In the handwriting of Muzaffer-ed-Deen Shah;

It is correct.

(Sealed) Valiahd (Mohammed Ali Shah).

(Sealed) Mushir-ed-Dowleh (the Grand Vizier).

{156}

CONSTITUTION OF PERSIA:

The Constitutional Law, as passed by the National Assembly

and signed by the Shah on October 8, 1907.

One hundred and seven articles "to complete the fundamental

laws of the Constitution of Persia" were "added to the

Constitutional law "by the signature of the Shah on the 30th

of December, 1906. The first two are as follows:

Article 1.

The official religion of Persia is the branch of the Twelve

Imams of the Shia Sect of Islam. The Sovereign of Persia must

be of, and contribute to the spread of, this religion.

Article 2.

The National Assembly has been founded by the help of the

Twelfth Imam, the bounty of His Islamic Majesty, the

watchfulness of the Mujteheds and the common people. The laws

passed by it must never to all ages be contrary to the sacred

precepts of Islam, and the laws laid down by the Prophet. It

is obvious that the decision as to whether the laws passed by

the Assembly are in opposition to the precepts of Islam rests

with the Ulema. It is therefore officially decreed that for

all ages a Committee composed of five persons, who shall be

Mujteheds and religious doctors, and who also must be

acquainted with the requirements of the times, shall be

elected in the following manner: The Ulema and doctors of

Islam who are recognized by the Shias as the centre of

imitation shall make known to the National Assembly the names

of twenty of the Ulema possessing the above-mentioned

qualities. The National Assembly shall, by agreement on

casting of lots, elect five of them or more, according to the

requirements of the age, and admit them as members. This

Committee shall discuss and thoroughly investigate the Bills

brought in by the National Assembly, and reject every one of

these Bills which is contrary to the sacred precepts of Islam,

in order that it may not become law. The decision of this

Committee is final. This Article will not be liable to change

until the advent of the Twelfth Imam.

[Articles 3-7 relate to boundaries of the Kingdom, its

capital, its flag, protection of the lives and property of

foreigners, and the integrity of the Constitution.

Articles 8-25 are in the nature of a "bill of rights,"

affirming equality of rights to all; immunity from arbitrary

arrest, punishment, exile or sequestration of property;

freedom of "the study of teaching of arts, letters and

sciences" "except in so far as they are forbidden by the

Sheri"; freedom of publication for all "except heretical

works"; freedom of "societies and associations which do not

provoke religious or civil strife"; inviolability of postal

and telegraphic communications, except under authority of law.

All primary and secondary schools are placed under the

direction and surveillance of the Ministry of Education.

Articles 26-29 define, as follows:

THE POWERS OF THE REALM.

Article 26.

The powers of the realm spring from the people. The

Constitutional Law defines the method of using those powers.

Article 27.

The powers of the realm are divided into three parts:—

Firstly, legislative power, whose province it is to make and

amend laws. This power emanates from His Imperial Majesty the

Shah, the National Assembly, and the Senate. Each one of these

three sources possesses the right of originating laws; but

their passing is conditional to their not being contrary to

the laws of the Sheri, and to the approval of the two

Assemblies, and to their receiving the Imperial signature. But

the making and approval of laws relating to the revenue and

expenditure of the realm belong to the National Assembly

alone. The interpretation and commentary of laws is the

peculiar duty of the National Assembly.

Secondly, the judicial power, which consists in the

distinguishing of rights. This power belongs to the Sheri

Tribunals in matters appertaining to the Sheri, and to the

Courts of Justice in matters appertaining to the civil law

("urf").

Thirdly, the executive power, which rests with the Sovereign.

That is to say, the Laws and Decrees will be executed by the

Ministers and Government officials in the name of His Imperial

Majesty in the manner defined by law.

Article 28.

The three above-mentioned powers shall always be

differentiated and separated from one another.

Article 29.

The particular revenues of each province, department, and

commune shall be regulated by the Provincial and Departmental

Assemblies in accordance with their own particular laws.

[Articles 30-34 define the status of the members of the

National Assembly.]

RIGHTS AND POWERS OF THE CROWN.

[Articles 35-57 set forth the rights and powers of the Crown.

The sovereignty of Persia is declared to be "a trust which, by

the grace of God, has been conferred on the person of the

Sovereign by the people." The succession is vested in Muhammed

Ali Shah Kajar and his descendants; the Crown Prince to be

"the eldest son of the Sovereign whose mother is a Persian and

a princess." Provision is made for the election by a joint

committee of the Senate and the National Assembly on the

succession of a minor, who cannot govern personally till his

age is eighteen. The powers of the sovereign are thus

defined:]

Article 43.

The Sovereign cannot, without the approval and sanction of the

National Assembly and the Senate, interfere in the affairs of

another country.

Article 44.

The Sovereign is absolved from all responsibility. The

Ministers of State are responsible in all matters.

Article 45.

All the Decrees and Rescripts of the Sovereign shall only be

put into execution when they have been signed by the

responsible Minister, who is responsible for the accuracy of

the contents of that Firman or Rescript.

Article 46.

The dismissal and appointment of Ministers are by order of the

Sovereign.

Article 47.

The conferring of commissions in the army and orders and

honorary distinctions, with due observance of law, is vested

in the person of the Sovereign.

Article 48.

The Sovereign has the right, with the approval of the

responsible Minister, to choose the important officials of the

Government Departments, either at home or abroad, except in

cases excepted by law. But the appointment of the other

officials does not concern the Sovereign, except in cases

defined by law.

Article 49.

The issuing of Firmans for the execution of laws is one of the

rights of the Sovereign, but he may not delay or suspend the

execution of those laws.

Article 50.

The supreme command of the military and naval forces is vested

in the person of the Sovereign.

Article 51.

The declaration of war and the conclusion of peace rest with

the Sovereign.

{157}

Article 52.

Treaties which, in accordance with Article 24 of the

Constitutional Law of the 14th Zilaadeh, 1325 (30th December,

1906), must be kept secret, must, on the removal of this

necessity, and provided that the interests and security of the

country demand it, be communicated by the Sovereign to the

National Assembly and the Senate, with the necessary

explanations.

Article 58.

The secret clauses of any Treaty cannot annul the public

clauses of that Treaty.

Article 54.

The Sovereign can summon the National Assembly and the Senate

to an extraordinary Session.

Article 55.

Coins shall be struck, according to law, in the name of the

Sovereign.

Article 56.

The expenses of the Imperial household must be defined by law.

Article 57.

The powers and prerogatives of the Sovereign are only such as

have been defined by the existing constitutional laws.

[Articles 58-70 relate to the Ministers, who must be

Mussulmans and native Persian subjects, princes of the first

rank not eligible. They are severally and jointly responsible

to both Assemblies. Commands of the sovereign cannot divest

them of responsibility, which is to be defined by law. The

Assembly or the Senate can accuse and prosecute them for

offenses before the High Court of Appeal.]

JUDICIAL TRIBUNALS.

[The Judicial Tribunals of the Kingdom are the subject of

Articles 71-89. "The Supreme Court of Justice and the

subsidiary Courts" are declared to be "the official centres to

which all suits must be referred, and judgment in matters

appertaining to the Sheri rests with the fully qualified

Mujteheds." Suits relating to political rights concern the

Courts of Justice, excepting those which are excepted by law.

No Court of Law can be instituted except by law. One Court of

Appeal for the whole Kingdom is to be instituted at the

Capital. The sittings of all tribunals shall be public, except

in cases when the tribunal judges that this would be

prejudicial to order or decency. "The Presidents and the

members of the Courts of Justice will be chosen in the manner

decreed by the law of the Ministry of Justice, and will be

appointed by virtue of a royal Firman." No judge may be

suspended, temporarily, or permanently, without a trial or

proof of offence. Military tribunals will be instituted

according to a special law.]

MISCELLANEOUS.

[Provincial Assemblies of elected representatives are

provided for in Articles 90-93.

Articles 94-103 have relation to finances. They declare that

no taxes may be levied or exemptions from them allowed except

by law; that no favor to individuals shall be shown in

taxation; that nothing shall, on any pretext, be demanded from

the people, otherwise than by law; and provision is made for

the creation of a State Accounts Department, to be chosen by

the National Assembly.

The last four articles relate to the Army, which is required

to be in all particulars under regulation of law. "The army

vote must pass the National Assembly every year."]

----------CONSTITUTION OF PERSIA: End--------

CONSTITUTION OF RUSSIA, The so-called.

See (in this Volume)

RUSSIA, A. D. 1904-1905.

----------CONSTITUTION OF SOUTH AFRICA: Start--------

Omitting the preamble, which sets forth the desirability and

expediency, "for the welfare and future progress of South

Africa, that the several British Colonies therein shall be

united under one Government in a legislative union under the

Crown of Great Britain and Ireland," the provisions of the

enactment for that purpose by the Parliament of the United

Kingdom, approved September 20, 1909, are as follows:

I.—PRELIMINARY.

1. This Act may be cited as the South Africa Act, 1909.

2. In this Act, unless it is otherwise expressed or implied,

the words "the Union" shall be taken to mean the Union of

South Africa as constituted under this Act, and the words

"Houses of Parliament," "House of Parliament," or

"Parliament," shall be taken to mean the Parliament of the

Union.

3. The provisions of this Act referring to the King shall

extend to His Majesty’s heirs and successors in the

sovereignty of the United Kingdom of Great Britain and

Ireland.

II.—THE UNION.

4. It shall be lawful for the King, with the advice of the

Privy Council, to declare by proclamation that, on and after a

day therein appointed, not being later than one year after the

passing of this Act, the Colonies of the Cape of Good Hope,

Natal, the Transvaal, and the Orange River Colony, hereinafter

called the Colonies shall be united in a Legislative Union

under one Government under the name of the Union of South

Africa. On and after the day appointed by such proclamation

the Government and Parliament of the Union shall have full

power and authority within the limits of the Colonies, but the

King may at any time after the proclamation appoint a

governor-general for the Union.

5. The provisions of this Act shall, unless it is otherwise

expressed or implied, take effect on and after the day so

appointed.

6. The colonies mentioned in section four shall become

original provinces of the Union under the names of Cape of

Good Hope, Natal, Transvaal, and Orange Free State, as the

case maybe. The original provinces shall have the same limits

as the respective colonies at the establishment of the Union.

7. Upon any colony entering the Union, the Colonial Boundaries

Act, 1895, and every other Act applying to any of the Colonies

as being self-governing colonies or colonies with responsible

government, shall cease to apply to that colony, but as from

the date when this Act takes effect every such Act of

Parliament shall apply to the Union.

III.—EXECUTIVE GOVERNMENT.

8. The Executive Government of the Union is vested in the

King, and shall be administered by His Majesty in person or by

a governor-general as His representative.

{158}

9. The Governor-General shall be appointed by the King, and

shall have and may exercise in the Union during the King’s

pleasure, but subject to this Act, such powers and functions

of the King as His Majesty may be pleased to assign to him.

10. There shall be payable to the King out of the Consolidated

Revenue Fund of the Union for the salary of the

Governor-General an annual sum of ten thousand pounds. The

salary of the Governor-General shall not be altered during his

continuance in office.

11. The provisions of this Act relating to the

Governor-General extend and apply to the Governor-General for

the time being or such person as the King may appoint to

administer the government of the Union. The King may authorise

the Governor-General to appoint any person to be his deputy

within the Union during his temporary absence, and in that

capacity to exercise for and on behalf of the Governor-General

during such absence all such powers and authorities vested in

the Governor-General as the Governor-General may assign to

him, subject to any limitations expressed or directions given

by the King; but the appointment of such deputy shall not

affect the exercise by the Governor-General himself of any

power or function.

12. There shall be an Executive Council to advise the

Governor-General in the government of the Union, and the

members of the council shall be chosen and summoned by the

Governor-General and sworn as executive councillors, and shall

hold office during his pleasure.

13. The provisions of this Act referring to the

Governor-General in Council shall be construed as referring to

the Governor-General acting with the advice of the Executive

Council.

14. The Governor-General may appoint officers not exceeding

ten in number to administer such departments of State of the

Union as the Governor-General in Council may establish; such

officers shall hold office during the pleasure of the

Governor-General. They shall be members of the Executive

Council and shall be the King’s ministers of State for the

Union. After the first general election of members of the

House of Assembly, as hereinafter provided, no minister shall

hold office for a longer period than three months unless he is

or becomes a member of either House of Parliament.

15. The appointment and removal of all officers of the public

service of the Union shall be vested in the Governor-General

in Council, unless the appointment is delegated by the

Governor-General in Council or by this Act or by a law of

Parliament to some other authority.

16. All powers, authorities, and functions which at the

establishment of the Union are in any of the Colonies vested

in the Governor or in the Governor in Council, or in any

authority of the Colony, shall, as far as the same continue in

existence and are capable of being exercised after the

establishment of the Union, be vested in the Governor-General

or in the Governor-General in Council, or in the authority

exercising similar powers under the Union, as the case may be,

except such powers and functions as are by this Act or may by

a law of Parliament be vested in some other authority.

17. The command in chief of the naval and military forces

within the Union is vested in the King or in the

Governor-General as His representative.

18. Save as in section twenty-three excepted, Pretoria shall

be the seat of Government of the Union.

IV.—PARLIAMENT.

19. The legislative power of the Union shall be vested in the

Parliament of the Union, herein called Parliament, which shall

consist of the King, a Senate, and a House of Assembly.

20. The Governor-General may appoint such times for holding

the sessions of Parliament as he thinks fit, and may also from

time to time, by proclamation or otherwise, prorogue

Parliament, and may in like manner dissolve the Senate and the

House of Assembly simultaneously, or the House of Assembly

alone: provided that the Senate shall not be dissolved within

a period of ten years after the establishment of the Union,

and provided further that the dissolution of the Senate shall

not affect any senators nominated by the Governor-General in

Council.

21. Parliament shall be summoned to meet not later than six

months after the establishment of the Union.

22. There shall be a session of Parliament once at least in

every year, so that a period of twelve months shall not

intervene between the last sitting of Parliament in one

session and its first sitting in the next session.

23. Cape Town shall be the seat of the Legislature of the

Union.

SENATE.

24. For ten years after the establishment of the Union the

constitution of the Senate shall, in respect of the original

provinces, be as follows:

(i) Eight senators shall be nominated by the Governor-General

in Council, and for each original province eight senators

shall be elected in the manner hereinafter provided:

(ii) The senators to be nominated by the Governor-General in

Council shall hold their seats for ten years. One-half of

their number shall be selected on the ground mainly of their

thorough acquaintance, by reason of their official experience

or otherwise, with the reasonable wants and wishes of the

coloured races in South Africa. If the seat of a senator so

nominated shall become vacant, the Governor-General in Council

shall nominate another person to be a senator, who shall hold

his seat for ten years:

(iii) After the passing of this Act, and before the day

appointed for the establishment of the Union, the Governor of

each of the Colonies shall summon a special sitting of both

Houses of the Legislature, and the two Houses sitting together

as one body and presided over by the Speaker of the

Legislative Assembly shall elect eight persons to be senators

for the province. Such senators shall hold their seats for ten

years. If the seat of a senator so elected shall become

vacant, the provincial council of the province for which such

senator has been elected shall choose a person to hold the

seat until the completion of the period for which the person

in whose stead he is elected would have held his seat.

{159}

25. Parliament may provide for the manner in which the Senate

shall be constituted after the expiration of ten years, and

unless and until such provision shall have been made—

(i) the provisions of the last preceding section with regard

to nominated senators shall continue to have effect;

(ii) eight senators for each province shall be elected by the

members of the provincial council of such province together

with the members of the House of Assembly elected for such

province. Such senators shall hold their seats for ten years

unless the Senate be sooner dissolved. If the seat of an

elected senator shall become vacant, the members of the

provincial council of the province, together with the members

of the House of Assembly elected for such province, shall

choose a person to hold the seat until the completion of the

period for which the person in whose stead he is elected would

have held his seat. The Governor-General in Council shall make

regulations for the joint election of senators prescribed in

this section.

26. The qualifications of a senator shall be as follows:

—He must—

(a) be not less than thirty years of age;

(b) be qualified to be registered as a voter for the election

of members of the House of Assembly in one of the provinces;

(c) have resided for five years within the limits of the Union

as existing at the time when he is elected or nominated, as

the case may be;

(d) be a British subject of European descent;

(e) in the case of an elected senator, be the registered owner

of immovable property within the Union of the value of not

less than five hundred pounds over and above any special

mortgages thereon. For the purposes of this section, residence

in, and property situated within, a colony before its

incorporation in the Union shall be treated as residence in

and property situated within the Union.

27. The Senate shall, before proceeding to the dispatch of any

other business, choose a senator to be the President of the

Senate, and as often as the office of President becomes vacant

the Senate shall again choose a senator to be the President.

The President shall cease to hold office if he ceases to be a

senator. He may be removed from office by a vote of the

Senate, or he may resign his office by writing under his hand

addressed to the Governor-General.

28. Prior to or during any absence of the President the Senate

may choose a senator to perform his duties in his absence.

29. A senator may, by writing under his hand addressed to the

Governor-General, resign his seat, which thereupon shall

become vacant. The Governor-General shall as soon as

practicable cause steps to be taken to have the vacancy

filled.

30. The presence of at least twelve senators shall be

necessary to constitute a meeting of the Senate for the

exercise of its powers.

31. All questions in the Senate shall be determined by a

majority of votes of senators present other than the President

or the presiding senator, who shall, however, have and

exercise a casting vote in the case of an equality of votes.

HOUSE OF ASSEMBLY.

32. The House of Assembly shall be composed of members

directly chosen by the voters of the Union in electoral

divisions delimited as hereinafter provided.

33. The number of members to be elected in the original

provinces at the first election and until the number is

altered in accordance with the provisions of this Act shall be

as follows: Cape of Good Hope, fifty-one; Natal, seventeen;

Transvaal, thirty-six; Orange Free State, seventeen. These

numbers may be increased as provided in the next succeeding

section, but shall not, in the case of any original province,

be diminished until the total number of members of the House

of Assembly in respect of the provinces herein provided for

reaches one hundred and fifty, or until a period of ten years

has elapsed after the establishment of the Union, whichever is

the longer period.

34. The number of members to be elected in each province, as

provided in section thirty-three, shall be increased from time

to time as may be necessary in accordance with the following

provisions:

(i) The quota of the Union shall be obtained by dividing the

total number of European male adults in the Union, as

ascertained at the census of nineteen hundred and four, by the

total number of members of the House of Assembly as

constituted at the establishment of the Union:

(ii) In nineteen hundred and eleven, and every five years

thereafter, a census of the European population of the Union

shall be taken for the purposes of this Act:

(iii) After any such census the number of European male adults

in each province shall be compared with the number of European

male adults as ascertained at the census of nineteen hundred

and four, and, in the case of any province where an increase

is shown, as compared with the census of nineteen hundred and

four, equal to the quota of the Union or any multiple thereof,

the number of members allotted to such province in the last

preceding section shall be increased by an additional member

or an additional number of members equal to such multiple, as

the case may be:

(iv) Notwithstanding anything herein contained, no additional

member shall be allotted to any province until the total

number of European male adults in such province exceeds the

quota of the Union multiplied by the number of members

allotted to such province for the time being, and thereupon

additional members shall be allotted to such province in

respect only of such excess:

(v) As soon as the number of members of the House of Assembly

to be elected in the original provinces in accordance with the

preceding subsections reaches the total of one hundred and

fifty, such total shall not be further increased unless and

until Parliament otherwise provides; and subject to the

provisions of the last preceding section the distribution of

members among the provinces shall be such that the proportion

between the number of members to be elected at any time in

each province and the number of European male adults in such

province, as ascertained at the last preceding census, shall

as far as possible be identical throughout the Union:

(vi) "Male adults" in this Act shall be taken to mean males of

twenty-one years of age or upwards not being members of His

Majesty’s regular forces on full pay:

(vii) For the purposes of this Act the number of European male

adults, as ascertained at the census of nineteen hundred and

four, shall be taken to be—

For the Cape of Good Hope, 167,546;

for Natal, 34,784;

for the Transvaal, 106,493;

For the Orange Free State, 41,014.

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35.

(1) Parliament may by law prescribe the qualifications which

shall be necessary to entitle persons to vote at the election

of members of the House of Assembly, but no such law shall

disqualify any person in the province of the Cape of Good Hope

who, under the laws existing in the Colony of the Cape of Good

Hope at the establishment of the Union, is or may become

capable of being registered as a voter from being so

registered in the province of the Cape of Good Hope by reason

of his race or colour only, unless the Bill be passed by both

Houses of Parliament sitting together, and at the third

reading be agreed to by not less than two-thirds of the total

number of members of both Houses. A Bill so passed at such

joint sitting shall be taken to have been duly passed by both

Houses of Parliament.

(2) No person who at the passing of any such law is registered

as a voter in any province shall be removed from the register

by reason only of any disqualification based on race or

colour.

36. Subject to the provisions of the last preceding section,

the qualifications of parliamentary voters, as existing in the

several Colonies at the establishment of the Union, shall be

the qualifications necessary to entitle persons in the

corresponding provinces to vote for the election of members of

the House of Assembly: Provided that no member of His

Majesty’s regular forces on full pay shall be entitled to be

registered as a voter.

[Section 37 of the Act applies to the elections of members of

the House of Assembly all existing election laws in the

respective provinces relating to the elections for their more

numerous Houses of Parliament, excepting that it requires all

polls to be taken on one and the same day throughout the

Union.

Sections 38 to 43 inclusive provide for the creation of a

joint commission to determine the first division of the

provinces into equalized electoral divisions, and for

subsequent commissions of three judges of the Supreme Court of

South Africa for re-divisions, as they may become necessary.]

44. The qualifications of a member of the House of Assembly

shall be as follows:—He must—

(a) be qualified to be registered as a voter for the election

of members of the House of Assembly in one of the provinces;

(b) have resided for five years within the limits of the

Union as existing at the time when he is elected;

(c) be a British subject of European descent.

For the purposes of this section, residence in a colony before

its incorporation in the Union shall be treated as residence

in the Union.

45. Every House of Assembly shall continue for five years from

the first meeting thereof, and no longer, but may be sooner

dissolved by the Governor-General.

46. The House of Assembly shall, before proceeding to the

despatch of any other business, choose a member to be the

Speaker of the House, and, as often as the office of Speaker

becomes vacant, the House shall again choose a member to be

the Speaker. The Speaker shall cease to hold his office if he

ceases to be a member. He may be removed from office by a vote

of the House, or he may resign his office or his seat by

writing under his hand addressed to the Governor-General.

47. Prior to or during the absence of the Speaker, the House

of Assembly may choose a member to perform his duties in his

absence.

48. A member may, by writing under his hand addressed to the

Speaker, or, if there is no Speaker, or if the Speaker is

absent from the Union, to the Governor-General, resign his

seat, which shall thereupon become vacant.

49. The presence of at least thirty members of the House of

Assembly shall be necessary to constitute a meeting of the

House for the exercise of its powers.

50. All questions in the House of Assembly shall be determined

by a majority of votes of members present other than the

Speaker or the presiding member, who shall, however, have and

exercise a casting vote in the case of an equality of votes.

BOTH HOUSES OF PARLIAMENT.

[Section 51 prescribes the oath or affirmation of allegiance

to the British Sovereign which each senator and member of the

House of Assembly must subscribe to before taking his seat.]

52. A member of either House of Parliament shall be incapable

of being chosen or of sitting as a member of the other House:

Provided that every minister of State who is a member of

either House of Parliament shall have the right to sit and

speak in the Senate and the House of Assembly, but shall vote

only in the House of which he is a member.

53. No person shall be capable of being chosen or of sitting

as a senator or as a member of the House of Assembly who—

(a) has been at any time convicted of any crime or offence for

which he shall have been sentenced to imprisonment without the

option of a fine for a term of not less than twelve months,

unless he shall have received a grant of amnesty or a free

pardon, or unless such imprisonment shall have expired at

least five years before the date of his election; or

(b) is an unrehabilitated insolvent; or

(c) is of unsound mind, and has been so declared by a

competent court; or

(d) holds any office of profit under the Crown within the

Union:

Provided that the following persons shall not be deemed to

hold an office of profit under the Crown for the purposes of

this subsection:

(1) a minister of State for the Union;

(2) a person in receipt of a pension from the Crown;

(3) an officer or member of His Majesty’s naval or military

forces on retired or half pay, or an officer or member of the

naval or military forces of the Union whose services are not

wholly employed by the Union.

54. If a senator or member of the House of Assembly—

(a) becomes subject to any of the disabilities mentioned in

the last preceding section; or

(b) ceases to be qualified as required by law; or

(c) fails for a whole ordinary session to attend without the

special leave of the Senate or the House of Assembly, as the

case may be; his seat shall thereupon become vacant.

[Section 55 imposes a penalty of £100 for each day on which

any disqualified person may knowingly sit in Parliament.]

56. Each senator and each member of the House of Assembly

shall, under such rules as shall be framed by Parliament,

receive an allowance of four hundred pounds a year, to be

reckoned from the date on which he takes his seat: Provided

that for every day of the session on which he is absent there

shall be deducted from such allowance the sum of three pounds:

Provided further that no such allowance shall be paid to a

Minister receiving a salary under the Crown or to the

President of the Senate or the Speaker of the House of

Assembly. A day of the session shall mean in respect of a

member any day during a session on which the House of which he

is a member or any committee of which he is a member meets.

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[Sections 57-58 relate to the privileges of each House of

Parliament and its right to make rules and orders of procedure

for the conduct of its business.]

POWERS OF PARLIAMENT.

59. Parliament shall have full power to make laws for the

peace, order, and good government of the Union.

60.—

(1) Bills appropriating revenue or moneys or imposing taxation

shall originate only in the House of Assembly. But a Bill

shall not be taken to appropriate revenue or moneys or to

impose taxation by reason only of its containing provisions

for the imposition or appropriation of fines or other

pecuniary penalties.

(2) The Senate may not amend any Bills so far as they impose

taxation or appropriate revenue or moneys for the services of

the Government.

(3) The Senate may not amend any Bill so as to increase any

proposed charges or burden on the people.

61. Any Bill which appropriates revenue or moneys for the

ordinary annual services of the Government shall deal only

with such appropriation.

62. The House of Assembly shall not originate or pass any

vote, resolution, address, or Bill for the appropriation of

any part of the public revenue or of any tax or impost to any

purpose unless such appropriation has been recommended by

message from the Governor-General during the Session in which

such vote, resolution, address, or Bill is proposed.

63. If the House of Assembly passes any Bill and the Senate

rejects or fails to pass it or passes it with amendments to

which the House of Assembly will not agree, and if the House

of Assembly in the next session again passes the Bill with or

without any amendments which have been made or agreed to by

the Senate and the Senate rejects or fails to pass it or

passes it with amendments to which the House of Assembly will

not agree, the Governor-General may during that session

convene a joint sitting of the members of the Senate and House

of Assembly. The members present at any such joint sitting may

deliberate and shall vote together upon the Bill as last

proposed by the House of Assembly and upon amendments, if any,

which have been made therein by one House of Parliament and

not agreed to by the other; and any such amendments which are

affirmed by a majority of the total number of members of the

Senate and House of Assembly present at such sitting shall be

taken to have been carried, and if the Bill with the

amendments, if any, is affirmed by a majority of the members

of the Senate and House of Assembly present at such sitting,

it shall be taken to have been duly passed by both Houses of

Parliament: Provided that, if the Senate shall reject or fail

to pass any Bill dealing with the appropriation of revenue or

moneys for the public service, such joint sitting may be

convened during the same session in which the Senate so

rejects or fails to pass such Bill.

64. When a Bill is presented to the Governor-General for the

King’s Assent, he shall declare according to his discretion,

but subject to the provisions of this Act, and to such

instructions as may from time to time be given in that behalf

by the King, that he assents in the King’s name, or that he

withholds assent, or that he reserves the Bill for the

signification of the King’s pleasure. All Bills repealing or

amending this section or any of the provisions of Chapter IV.

under the heading "House of Assembly," and all Bills

abolishing provincial councils or abridging the powers

conferred on provincial councils under section eighty-five,

otherwise than in accordance with the provisions of that

section, shall be so reserved. The Governor-General may return

to the House in which it originated any Bill so presented to

him, and may transmit therewith any amendments which he may

recommend, and the House may deal with the recommendation.

65. The King may disallow any law within one year after it has

been assented to by the Governor General, and such

disallowance, on being made known by the Governor-General by

speech or message to each of the Houses of Parliament or by

proclamation, shall annul the law from the day when the

disallowance is so made known.

66. A Bill reserved for the King’s pleasure shall not have any

force unless and until, within one year from the day on which

it was presented to the Governor-General for the King’s

Assent, the Governor-General makes known by speech or message

to each of the Houses of Parliament or by proclamation that it

has received the King’s Assent.

67. As soon as may be after any law shall have been assented

to in the King’s name by the Governor-General, or having been

reserved for the King’s pleasure shall have received his

assent, the Clerk of the House of Assembly shall cause two

fair copies of such law, one being in the English and the

other in the Dutch language (one of which copies shall be

signed by the Governor-General), to be enrolled of record in

the office of the Registrar of the Appellate Division of the

Supreme Court of South Africa; and such copies shall be

conclusive evidence as to the provisions of every such law,

and in case of conflict between the two copies thus deposited

that signed by the Governor-General shall prevail.

V.—THE PROVINCES.

ADMINISTRATORS.

68.—

(1) In each province there shall be a chief executive officer

appointed by the Governor-General in Council, who shall be

styled the administrator of the province, and in whose name

all executive acts relating to provincial affairs therein

shall be done.

(2) In the appointment of the administrator of any province,

the Governor-General in Council shall, as far as practicable,

give preference to persons resident in such province.

(3) Such administrator shall hold office for a term of five

years and shall not be removed before the expiration thereof

except by the Governor-General in Council for cause assigned,

which shall be communicated by message to both Houses of

Parliament within one week after the removal, if Parliament be

then sitting, or, if Parliament be not sitting, then within

one week after the commencement of the next ensuing session.

(4) The Governor-General in Council may from time to time

appoint a deputy administrator to execute the office and

functions of the administrator during his absence, illness, or

other inability.

69. The salaries of the administrators shall be fixed and

provided by Parliament, and shall not be reduced during their

respective terms of office.

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PROVINCIAL COUNCILS.

70.—

(1) There shall be a provincial council in each province

consisting of the same number of members as are elected in the

province for the House of Assembly: Provided that, in any

province whose representatives in the House of Assembly shall

be less than twenty-five in number, the provincial council

shall consist of twenty-five members.

(2) Any person qualified to vote for the election of members

of the provincial council shall be qualified to be a member of

such council.

[Sections 71-77 are regulative of the elections, the terms

(three years), and the sittings of the Provincial Councils.

Sections 78-84 are creative of Executive Committees, for which

each Provincial Council shall elect "from among its members,

or otherwise," four persons, to be joined with the

administrator of the Province, the latter being chairman of

the Executive Committee thus constituted. This Committee, "on

behalf of the Provincial Council," being appointed to "carry

on the administration of provincial affairs," and, "subject to

the provisions of this Act," to be invested with "all powers,

authorities, and functions which at the establishment of the

Union are vested in or exercised by the Governor in Council,

or any minister of the Colony."]

POWERS OF PROVINCIAL COUNCILS.

85. Subject to the provisions of this Act and the assent of

the Governor-General in Council as hereinafter provided, the

provincial council may make ordinances in relation to matters

coming within the following classes of subjects (that is to

say):—

(i) Direct taxation within the province in order to raise a

revenue for provincial purposes:

(ii) The borrowing of money on the sole credit of the province

with the consent of the Governor-General in Council and in

accordance with regulations to be framed by Parliament:

(iii) Education, other than higher education, for a period of

five years and thereafter until Parliament otherwise provides:

(iv) Agriculture to the extent and subject to the conditions

to be defined by Parliament:

(v) The establishment, maintenance, and management of

hospitals and charitable institutions:

(vi) Municipal institutions, divisional councils, and other

local institutions of a similar nature:

(vii) Local works and undertakings within the province, other

than railways and harbours and other than such works as extend

beyond the borders of the province, and subject to the power

of Parliament to declare any work a national work and to

provide for its construction by arrangement with the

provincial council or otherwise:

(viii) Roads, outspans, ponts, and bridges, other than bridges

connecting two provinces:

(ix) Markets and pounds:

(x) Fish and game preservation:

(xi) The imposition of punishment by fine, penalty, or

imprisonment for enforcing any law or any ordinance of the

province made in relation to any matter coming within any of

the classes of subjects enumerated in this section:

(xii) Generally all matters which, in the opinion of the

Governor-General in Council, are of a merely local or private

nature in the province:

(xiii) All other subjects in respect of which Parliament shall

by any law delegate the power of making ordinances to the

provincial council.

[Sections 86-93 are regulative of the exercise of the powers

thus conferred.]

94. The seats of provincial government shall be—

For the Cape of Good Hope, Cape Town;

for Natal, Pietermaritzburg;

for the Transvaal, Pretoria;

for the Orange Free State, Bloemfontein.

VI.—THE SUPREME COURT OF SOUTH AFRICA.

95. There shall be a Supreme Court of South Africa consisting

of a Chief Justice of South Africa, the ordinary judges of

appeal, and the other judges of the several divisions of the

Supreme Court of South Africa in the provinces.

96. There shall be an Appellate Division of the Supreme Court

of South Africa, consisting of the Chief Justice of South

Africa, two ordinary judges of appeal, and two additional

judges of appeal. Such additional judges of appeal shall be

assigned by the Governor-General in Council to the Appellate

Division from any of the provincial or local divisions of the

Supreme Court of South Africa, but shall continue to perform

their duties as judges of their respective divisions when

their attendance is not required in the Appellate Division.

97. The Governor-General in Council may, during the absence,

illness, or other incapacity of the Chief Justice of South

Africa, or of any ordinary or additional judge of appeal,

appoint another judge of the Supreme Court of South Africa to

act temporarily as such chief justice, ordinary judge of

appeal, or additional judge of appeal, as the case may be.

98.—

(1) The several supreme courts of the Cape of Good Hope,

Natal, and the Transvaal, and the High Court of the Orange

River Colony shall, on the establishment of the Union, become

provincial divisions of the Supreme Court of South Africa

within their respective provinces, and shall each be presided

over by a judge-president.

[Further prescriptions on the same subject are contained in

this and the next section of the Act.]

100. The Chief Justice of South Africa, the ordinary judges of

appeal, and all other judges of the Supreme Court of South

Africa to be appointed after the establishment of the Union

shall be appointed by the Governor-General in Council, and

shall receive such remuneration as Parliament shall prescribe,

and their remuneration shall not be diminished during their

continuance in office.

101. The Chief Justice of South Africa and other judges of the

Supreme Court of South Africa shall not be removed from office

except by the Governor-General in Council on an address from

both Houses of Parliament in the same session praying for such

removal on the ground of misbehaviour or incapacity.

102. Upon any vacancy occurring in any division of the Supreme

Court of South Africa, other than the Appellate Division, the

Governor-General in Council may, in case he shall consider

that the number of judges of such court may with advantage to

the public interest be reduced, postpone filling the vacancy

until Parliament shall have determined whether such reduction

shall take place.

[Rules concerning the cases, civil and criminal, which may be

appealed from inferior courts to the Appellate Division, and

not to the Supreme Court, are laid down in sections 103-105.]

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106. There shall be no appeal from the Supreme Court of South

Africa or from any division thereof to the King in Council,

but nothing herein contained shall be construed to impair any

right which the King in Council may be pleased to exercise to

grant special leave to appeal from the Appellate Division to

the King in Council. Parliament may make laws limiting the

matters in respect of which such special leave may be asked,

but Bills containing any such limitation shall be reserved by

the Governor-General for the signification of His Majesty’s

pleasure: Provided that nothing in this section shall affect

any right of appeal to His Majesty in Council from any

judgment given by the Appellate Division of the Supreme Court

under or in virtue of the Colonial Courts of Admiralty Act,

1890.

107. The Chief Justice of South Africa and the ordinary judges

of appeal may, subject to the approval of the Governor-General

in Council, make rules for the conduct of the proceedings of

the Appellate Division and prescribing the time and manner of

making appeals thereto. Until such rules shall have been

promulgated, the rules in force in the Supreme Court of the

Cape of Good Hope at the establishment of the Union shall

mutatis mutandis apply.

[Other details concerning the rules and the sessions of the

several provincial and local divisions of the Supreme Court,

the execution of their writs and other processes, etc., are

set forth in sections 108-116.]

VII.—FINANCE AND RAILWAYS.

117. All revenues, from whatever source arising, over which

the several Colonies have at the establishment of the Union

power of appropriation, shall vest in the Governor-General in

Council. There shall be formed a Railway and Harbour Fund,

into which shall be paid all revenues raised or received by

the Governor-General in Council from the administration of the

railways, ports, and harbours, and such fund shall be

appropriated by Parliament to the purposes of the railways,

ports, and harbours in the manner prescribed by this Act.

There shall also be formed a Consolidated Revenue Fund, into

which shall be paid all other revenues raised or received by

the Governor-General in Council, and such fund shall be

appropriated by Parliament for the purposes of the Union in

the manner prescribed by this Act, and subject to the charges

imposed thereby.

[Sections 118-123 provide for a commission "to institute an

inquiry into the financial relations which should exist

between the Union and the provinces"; prescribe the division

to be made meantime of the Consolidated Revenue Fund; make the

interest of the public debts a first charge on that fund;

transfer to the Union all stocks, moneys, and securities, all

crown lands, public works, etc., and all rights in mines and

minerals that belonged to each of the colonies at the

establishment of the Union.]

124. The Union shall assume all debts and liabilities of the

Colonies existing at its establishment, subject,

notwithstanding any other provision contained in this Act, to

the conditions imposed by any law under which such debts or

liabilities were raised or incurred, and without prejudice to

any rights of security or priority in respect of the payment

of principal, interest, sinking fund, and other charges

conferred on the creditors of any of the Colonies, and may,

subject to such conditions and rights, convert, renew, or

consolidate such debts.

125. All ports, harbours, and railways belonging to the

several Colonies at the establishment of the Union shall from

the date thereof vest in the Governor-General in Council. No

railway for the conveyance of public traffic, and no port,

harbour, or similar work, shall be constructed without the

sanction of Parliament.

126. Subject to the authority of the Governor-General in

Council, the control and management of the railways, ports,

and harbours of the Union shall be exercised through a board

consisting of not more than three commissioners, who shall be

appointed by the Governor-General in Council, and a minister

of State, who shall be chairman. …

[Of the remaining sections of the Act (127-152) the following

are the more important or the more significant.]

133. In order to compensate Pietermaritzburg and Bloemfontein

for any loss sustained by them in the form of diminution of

prosperity or decreased rateable value by reason of their

ceasing to be the seats of government of their respective

colonies, there shall be paid from the Consolidated Revenue

Fund for a period not exceeding twenty-five years to the

municipal councils of such towns a grant of two per centum per

annum on their municipal debts, as existing on the

thirty-first day of January nineteen hundred and nine, and as

ascertained by the Controller and Auditor-General. The

Commission appointed under section one hundred and eighteen

shall, after due inquiry, report to the Governor-General in

Council what compensation should be paid to the municipal

councils of Cape Town and Pretoria for the losses, if any,

similarly sustained by them. Such compensation shall be paid

out of the Consolidated Revenue Fund for a period not

exceeding twenty-five years, and shall not exceed one per

centum per annum on the respective municipal debts of such

towns as existing on the thirty-first January nineteen hundred

and nine, and as ascertained by the Controller and

Auditor-General.

134. The election of senators and of members of the executive

committees of the provincial councils as provided in this Act

shall, whenever such election is contested, be according to

the principle of proportional representation, each voter

having one transferable vote. The Governor-General in Council,

or, in the case of the first election of the Senate, the

Governor in Council of each of the Colonies, shall frame

regulations prescribing the method of voting and of

transferring and counting votes and the duties of returning

officers in connection therewith, and such regulations or any

amendments thereof after being duly promulgated shall have

full force and effect unless and until Parliament shall

otherwise provide.

136. There shall be free trade throughout the Union, but until

Parliament otherwise provides the duties of custom and of

excise leviable under the laws existing in any of the Colonies

at the establishment of the Union shall remain in force.

137. Both the English and Dutch languages shall be official

languages of the Union, and shall be treated on a footing of

equality, and possess and enjoy equal freedom, rights, and

privileges; all records, journals, and proceedings of

Parliament shall be kept in both languages, and all Bills,

Acts, and notices of general public importance or interest

issued by the Government of the Union shall be in both

languages.

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138. All persons who have been naturalised in any of the

Colonies shall be deemed to be naturalised throughout the

Union.

140. Subject to the provisions of the next succeeding section,

all officers of the public service of the Colonies shall at

the establishment of the Union become officers of the Union.

141.

(1) As soon as possible after the establishment of the Union,

the Governor-General in Council shall appoint a public service

commission to make recommendations for such reorganisation and

readjustment of the departments of the public service as may

be necessary. The commission shall also make recommendations

in regard to the assignment of officers to the several

provinces. …

142. After the establishment of the Union the Governor-General

in Council shall appoint a permanent public service commission

with such powers and duties relating to the appointment,

discipline, retirement, and superannuation of public officers

as Parliament shall determine.

143. Any officer of the public service of any of the Colonies

at the establishment of the Union who is not retained in the

service of the Union or assigned to that of a province shall

be entitled to receive such pension, gratuity, or other

compensation as he would have received in like circumstances

if the Union had not been established.

147. The control and administration of native affairs and of

matters specially or differentially affecting Asiastics

throughout the Union shall vest in the Governor-General in

Council, who shall exercise all special powers in regard to

native administration hitherto vested in the Governors of the

Colonies or exercised by them as supreme chiefs, and any lands

vested in the Governor or Governor and Executive Council of

any colony for the purpose of reserves for native locations

shall vest in the Governor-General in Council, who shall

exercise all special powers in relation to such reserves as

may hitherto have been exercisable by any such Governor or

Governor and Executive Council, and no lands set aside for the

occupation of natives which cannot at the establishment of the

Union be alienated except by an Act of the Colonial

Legislature shall be alienated or in any way diverted from the

purposes for which they are set apart except under the

authority of an Act of Parliament.

148.—

(1) All rights and obligations under any conventions or

agreements which are binding on any of the Colonies shall

devolve upon the Union at its establishment.

(2) The provisions of the railway agreement between the

Governments of the Transvaal, the Cape of Good Hope, and

Natal, dated the second of February, nineteen hundred and

nine, shall, as far as practicable, be given effect to by the

Government of the Union.

IX.—NEW PROVINCES AND TERRITORIES.

149. Parliament may alter the boundaries of any province,

divide a province into two or more provinces, or form a new

province out of provinces within the Union, on the petition of

the provincial council of every province whose boundaries are

affected thereby.

150. The King, with the advice of the Privy Council, may on

addresses from the Houses of Parliament of the Union admit

into the Union the territories administered by the British

South Africa Company on such terms and conditions as to

representation and otherwise in each case as are expressed in

the addresses and approved by the King, and the provisions of

any Order in Council in that behalf shall have effect as if

they had been enacted by the Parliament of the United Kingdom

of Great Britain and Ireland.

151. The King, with the advice of the Privy Council, may, on

addresses from the Houses of Parliament of the Union, transfer

to the Union the government of any territories, other than the

territories administered by the British South Africa Company,

belonging to or under the protection of His Majesty, and

inhabited wholly or in part by natives, and upon such transfer

the Governor-General in Council may undertake the government

of such territory upon the terms and conditions embodied in

the Schedule to this Act.

X.—AMENDMENT OF ACT.

152. Parliament may by law repeal or alter any of the

provisions of this Act: Provided that no provision thereof,

for the operation of which a definite period of time is

prescribed, shall during such period be repealed or altered:

And provided further that no repeal or alteration of the

provisions contained in this section, or in sections

thirty-three and thirty-four (until the number of members of

the House of Assembly has reached the limit therein

prescribed, or until a period of ten years has elapsed after

the establishment of the Union, whichever is the longer

period), or in sections thirty-five and one hundred and

thirty-seven, shall be valid unless the Bill embodying such

repeal or alteration shall be passed by both Houses of

Parliament sitting together, and at the third reading be

agreed to by not less than two-thirds of the total number of

members of both Houses. A Bill so passed at such joint sitting

shall be taken to have been duly passed by both Houses of

Parliament.

SCHEDULE.

1. After the transfer of the government of any territory

belonging to or under the protection of His Majesty, the

Governor-General in Council shall be the legislative

authority, and may by proclamation make laws for the peace,

order, and good government of such territory: Provided that

all such laws shall be laid before both Houses of Parliament

within seven days after the issue of the proclamation or, if

Parliament be not then sitting, within seven days after the

beginning of the next session, and shall be effectual unless

and until both Houses of Parliament shall by resolutions

passed in the same session request the Governor-General in

Council to repeal the same, in which case they shall be

repealed by proclamation.

2. The Prime Minister shall be charged with the administration

of any territory thus transferred, and he shall be advised in

the general conduct of such administration by a commission

consisting of not fewer than three members with a secretary,

to be appointed by the Governor-General in Council, who shall

take the instructions of the Prime Minister in conducting all

correspondence relating to the territories, and shall also

under the like control have custody of all official papers

relating to the territories.

{165}

3. The members of the commission shall be appointed by the

Governor-General in Council, and shall be entitled to hold

office for a period of ten years, but such period may be

extended to successive further terms of five years. …

14. It shall not be lawful to alienate any land in Basutoland

or any land forming part of the native reserves in the

Bechuanaland protectorate and Swaziland from the native tribes

inhabiting those territories.

15. The sale of intoxicating liquor to natives shall be

prohibited in the territories, and no provision giving

facilities for introducing, obtaining, or possessing such

liquor in any part of the territories less stringent than

those existing at the time of transfer shall be allowed.

16. The custom, where it exists, of holding pitsos or other

recognised forms of native assembly shall be maintained in the

territories.

17. No differential duties or imposts on the produce of the

territories shall be levied. The laws of the Union relating to

customs and excise shall be made to apply to the territories.

18. There shall be free intercourse for the inhabitants of the

territories with the rest of South Africa subject to the laws,

including the pass laws, of the Union.

19. Subject to the provisions of this Schedule, all revenues

derived from any territory shall be expended for and on behalf

of such territory. …

----------CONSTITUTION OF SOUTH AFRICA: End--------

----------CONSTITUTION OF TURKEY: Start--------

CONSTITUTION OF TURKEY.

The following is a synopsis of the Constitution promulgated

December 23, 1876, the first year of the reign of Abd-ul

Hamid, then soon withdrawn, and practically forgotten for

thirty-two years, but brought to light by the revolution of

1908 and promulgated anew, on the 24th of July in that

memorable year;

See, in this Volume,

TURKEY: A. D. 1908 (JULY-DECEMBER):

THE INDIVISIBILITY OF THE OTTOMAN EMPIRE.

The Sultan, the supreme Caliph of the Mussulmans and sovereign

of all Ottoman subjects, is irresponsible and inviolable. His

prerogatives are those of the constitutional sovereigns of the

West. The subjects of the empire are called, without

distinction, Ottomans. Individual liberty is inviolable, and

is guaranteed by the laws.

Islamism is the religion of the state, but the free exercise

of all recognized creeds is guaranteed, and the religious

privileges of the communities are maintained. No provision

investing the institutions of the state with a theocratic

character exists in the constitution.

The constitution establishes liberty of the press, the right

of petition to both chambers for all Ottomans, liberty of

education, and the equality of all Ottomans before the law.

They all enjoy the same rights, and have the same duties

toward the country. Ottoman subjects, without distinction of

religion, are admitted to the service of the state. Taxation

will be equally distributed; property is guaranteed, and the

domicile is declared inviolable. No person can be taken from

the jurisdiction of his natural judges.

The Council of Ministers will deliberate under the presidency

of the Grand-Vizier. Each minister is responsible for the

conduct of the affairs of his department. The Chamber of

Deputies may demand the impeachment of the ministers, and a

high court is instituted to try them. In the event of the

Chamber adopting a vote hostile to the ministry on any

important question, the Sultan will change the ministers or

dissolve the Chamber. The ministers are entitled to be present

at the sittings of both Chambers, and to take part in the

debates. Interpellations may be addressed to the ministers.

Public functionaries will be appointed in conformity with the

conditions fixed by law, and cannot be dismissed without legal

and sufficient cause. They are not discharged from

responsibility by any orders contrary to law which they may

receive from a superior.

The General Assembly of the Ottomans is composed of two

Chambers, the Senate and the Chamber of Deputies, who will

meet on the 1st of November in each year, the session lasting

four months. A message from the Sultan will be sent to both

Chambers at the opening of each session. The members of both

Chambers are free with regard to their vote and in the

expression of their opinions. Electors are prohibited from

imposing binding engagements upon their representatives. The

initiative in proposing laws belongs in the first place to the

ministry, and next to the Chambers, in the form of

propositions. Laws must be first submitted to the Chamber of

Deputies, then to the Senate, and finally to the imperial

sanction. The Senate is composed of members nominated by the

Sultan and chosen from among the most eminent personages in

the country. The Senate votes the laws already passed by the

Chamber of Deputies, and returns to the latter, or rejects,

any provisions contrary to the constitution or to the

integrity or safety of the state. In the event of a

dissolution of the Chamber of Deputies, the general election

shall be held and the new Chamber meet within six months from

the date of dissolution. The sittings of the Chamber of

Deputies are public. The deputies may not be arrested or

prosecuted during the session without authority from the

Chamber. The Chamber votes the laws article by article, and

the budget by chapters. There is to be one deputy for every

fifty thousand inhabitants, and the elections will be made by

secret ballot. A special law will determine the mode of

election. The mandate of a deputy will render him ineligible

for any public office, except for a ministry. Each legislature

will continue for a period of four years. The deputies will

receive 4,600 francs for every session, which will last from

November to March. The senators are appointed for life by the

Sultan, and will receive 2,300 francs monthly. Judges are

irremovable.

The sittings of the tribunals are public. The advocates

appearing for defendants are free. Sentences may be published.

No interference can be permitted in the administration of

justice. The jurisdiction of the tribunals will be exactly

defined. Any exceptional tribunals or commissions are

prohibited. The office of Public Prosecutor is created. The

High Court, which will try ministers, members of the Court of

Cassation, and other persons charged with the crime of _lese

Majeste_, or of conspiracy against the state, will be

composed of the most eminent judicial and administrative

functionaries.

No tax can be established or levied except by virtue of a law.

The budget will be voted at the commencement of each session,

and for a period of one year only. The final settlement of the

budget for the preceding year will be submitted to the Chamber

of Deputies in the form of a bill. The Court of Accounts will

send every year to the Chamber of Deputies a report upon the

state of public accounts, and will present to the Sultan,

quarterly, a statement showing the financial condition of the

country. The members of the Court of Accounts are irremovable.

No dismissal can take place except in consequence of a

resolution adopted by the Chamber of Deputies.

{166}

The provincial administration is based upon the broadest

system of decentralization. The Councils-General, which are

elective, will deliberate upon and control the affairs of the

province. Every canton will have a council, elected by each of

the different communities, for the management of its own

affairs. The communes will be administered by elective

municipal councils. Primary education is obligatory.

The interpretation of the laws belongs, according to their

nature, to the Court of Cassation, the Council of State, and

the Senate.

The constitution can only be modified on the initiative of the

ministry, or of either of the two Chambers, and by a vote of

both Chambers, passed by a majority of two-thirds. Such

modification must also be sanctioned by the Sultan.

_Appletons' Annual Cyclopaedia, 1876,

pages 773-774._

See amendments, in this Volume, under

TURKEY: A. D. 1909 (APRIL-DECEMBER).

----------CONSTITUTION OF TURKEY: End--------

CONSTITUTION OF THE UNITED STATES:

Proposed Income Tax Amendment.

See (in this Volume)

UNITED STATES: A. D. 1909 (JULY).

CONSTITUTION OF VENEZUELA, New.

See (in this Volume)

VENEZUELA: A. D. 1904.

CONSTITUTION, A World:

The Making of it in Process.

See (in this Volume)

WORLD MOVEMENTS.

CONSTITUTION ISLAND.

"In the Hudson River opposite West Point lies Constitution

Island. It is a wood-covered tract of nearly three hundred

acres, and for many years it has been coveted by the

authorities of the Military Academy and the War Department.

Its owner, Miss Anna Bartlett Warner, was always willing to

sell to the Government, but Congress could never be induced to

make the necessary appropriation for its purchase. Now Mrs.

Russell Sage has joined with Miss Warner in making a gift of

the island to the Nation, to be used as a part of the military

reservation at West Point."

_The Outlook,

September 19, 1908._

CONSTITUTION-MAKING, and Unmaking, in Servia.

See (in this Volume)

BALKAN AND DANUBIAN STATES: SERVIA.

CONSTITUTIONAL DEMOCRATS.

See (in this Volume)

RUSSIA: A. D. 1905-1907, and 1906 and 1907.

CONSULAR SERVICE, The Reform of the American.

See (in this Volume)

CIVIL SERVICE REFORM: UNITED STATES: A. D. 1906-1909.

CONSUMPTION.

See (in this Volume)

PUBLIC HEALTH: TUBERCULOSIS.

CONVICT LEASE SYSTEM:

Its abolition in Georgia.

See (in this Volume)

CRIME AND CRIMINOLOGY.

COOK, Frederick A.:

Claimant of North Pole discovery.

See (in this Volume)

POLAR EXPLORATION.

COOLEY, Dr. Harris R.:

Director of Charities and Corrections, Cleveland, Ohio.

See (in this Volume)

CRIME AND CRIMINOLOGY.

COÖPERATION, Industrial and Commercial.

See (in this Volume)

LABOR REMUNERATION.

COPENHAGEN: A. D. 1906.

Conference of the International Woman Suffrage Alliance.

See (in this Volume)

ELECTIVE FRANCHISE: WOMAN SUFFRAGE.

COPYRIGHT:

The new Law in the United States.

"To the general surprise, the new copyright bill slipped

through both houses of Congress yesterday [March 3, 1909]. It

consists of one complete and consistent copyright statute, in

sixty four sections. The term of copyright is lengthened. The

bill leaves the present first term of twenty-eight years

unchanged, but provides for a renewal term of twenty-eight

years instead of fourteen, thus making possible a period of

protection of fifty-six years from the publication of the

work. The bill also provides for the extension of subsisting

copyrights upon the same basis.

"Copyright may now be secured for all the ‘writings’ of an

author, using the constitutional expression. In enumerating

and classifying works protected by copyright, the bill is more

explicit than the present statutes, and adds the following new

designations: ‘Lectures, sermons, and addresses, prepared for

oral delivery’; ‘dramatico-musical compositions’; ‘plastic

works of a scientific or technical character’; ‘reproductions

of a work of art,’ and ‘ prints and pictorial illustrations,’

in lieu of ‘engravings,’ ‘cuts,’ and ‘chromos,’ and ‘works of

art’ instead of the present specific designations, ‘painting,’

‘drawings,’ ‘statue,’ and ‘statuary.’ Express provision is

made that compilations, abridgments, adaptations,

arrangements, dramatizations, or translations and works

republished with new matter shall be considered new works

subject to copyright.

"As regards a musical work, the bill provides, as does the

present law, that the author shall have the sole right to

perform the work publicly for profit, but adds the sole right

‘to make any arrangement or setting of it or of the melody of

it in any system of notation or any form of record from which

it may be read or reproduced.’ The composer’s control of the

reproduction of his music by mechanical instruments is

qualified as follows:

(a) to cover only music published and copyrighted after the

act goes into effect;

(b) not to include music by a foreign author or composer

unless the foreign state or nation of which he is a subject

grants to citizens of the United States similar rights;

(c) whenever the owner of a musical copyright has used or

permitted or acquiesced in the use of his work upon parts of

instruments serving to reproduce mechanically the musical

work, any other person may make similar use of the work upon

the payment of a royalty of two cents on each part

manufactured, notice to be filed in the copyright office of

such use or license to use by the copyright proprietor.

"American manufacture is required in the case of a book, not

only as regards type-setting in the United States, but ‘if the

text be produced by lithographic or photo-engraving process,

then by a process wholly performed within the limits of the

United States.’ The provision is also extended to

illustrations within a book, and to separate lithographs and

photo engravings, ‘except where in either case the subjects

represented are located in a foreign country.’ The printing

and binding of the book must also be performed within the

United States.

{167}

Photographs are released from the present requirement that

they ‘shall be printed from negatives made within the United

States or from transfers made therefrom.’ The ‘original text

of a book of foreign origin in a language or languages other

than English ’ is also excepted from the requirements of

type-setting in the United States. A new _ad interim_

protection is given books printed abroad in the English

language. If one complete copy of such book is deposited in the

copyright office not later than thirty days after publication

abroad, copyright is granted for a period of thirty days from

the date of receipt of the copy. If an authorized edition of

the book is produced from type set in the United States during

this second thirty days, the full term of copyright is

secured.

"The much discussed provisions prohibiting the importation of

copyrighted books are considerably modified. The importation

of piratical copies of any work copyrighted is prohibited, and

the importation of any books, '_although authorized by the

author or proprietor_,’ which have not been produced in

accordance with the manufacturing provisions, is prohibited.

The Act of 1891 permits importation of books in 'the case of

persons purchasing for use and not for sale, who import,

subject to the duty thereon, not more than _two_ copies

of such book at any one time.’ The new law permits

importation, ‘not more than _one_ copy at one time, for

individual use, and not for sale,’ and adds the proviso that

‘such privilege of importation shall not extend to a foreign

reprint of a book by an American author copyrighted in the

United States.’ The Act of 1891 allows importation in good

faith for the use of societies _incorporated_ or

established for educational, philosophical, literary, or

religious purposes, or for the encouragement of the fine arts,

or for any college, academy, school, or seminary of learning.

The new law confines the privilege to incorporated societies

or institutions, but adds scientific societies and ‘any State,

school, college, university, or free public library’; but

while the Act of 1891 permits ‘_two_ copies in any one

invoice’ to be so imported, the new law provides for ‘not more

than _one_ copy of any such book in one invoice’ when

‘for use and not for sale.’

"In the case of infringement, an injunction may issue, as now,

and damages be recovered as well as all the profits due to the

infringement."

_New York Evening Post,

March 4, 1909._

COPYRIGHT:

Pan-American Convention.

See (in this Volume)

AMERICAN REPUBLICS.

CORINTO, Treaty of.

See (in this Volume)

WAR, THE REVOLT AGAINST: A. D. 1902: CENTRAL AMERICA.

CORPORATE WRONGDOING:

Summary of recent Governmental Action against it in the

United States.

See (in this Volume)

COMBINATIONS, INDUSTRIAL: UNITED STATES: A. D. 1901-1906.

CORPORATION TAX, United States.

See (in this Volume)

TARIFFS: UNITED STATES.

CORPORATIONS:

Forbidden to contribute to Political Elections.

See (in this Volume)

UNITED STATES: A. D. 1907 (JANUARY).

CORPORATIONS AND THE PUBLIC.

See (in this Volume)

Combinations, Industrial, &c., and Railways.

CORPORATIONS, The Bureau of.

Its establishment in the Federal Administration

of the United States.

See (in this Volume)

UNITED STATES: A. D. 1903 (FEBRUARY).

CORRAL, Ramon:

Vice-President of Mexico.

See (in this Volume)

MEXICO A. D. 1904-1905.

CORREGAN, Charles Hunter:

Nominated for President of the United States.

See (in this Volume)

UNITED STATES: A. D. 1904 (MARCH-NOVEMBER).

CORTELYOU, George B.:

Secretary of Commerce and Labor and Secretary of the Treasury.

See (in this Volume)

UNITED STATES: A D. 1901-1905, and 1905-1909.

COST OF LIVING.

See (in this Volume)

LABOR REMUNERATION: WAGES, &c.

COSTA RICA.

See (in this Volume)

CENTRAL AMERICA.

COUNTRY LIFE COMMISSION, Report of the.

See (in this Volume)

UNITED STATES: A. D. 1908-1909 (AUGUST-FEBRUARY).

COURTS, Industrial, German.

See (in this Volume)

LABOR ORGANIZATION: GERMANY: A. D. 1905-1906.

COURTS OF LAW.

See (in this Volume)

LAW AND ITS COURTS.

COWPER-TEMPLEISM.

See (in this Volume)

EDUCATION: ENGLAND: A. D. 1906.

CREEK NATION, Alleged frauds on the.

See (in this Volume)

INDIANS, AMERICAN.

CREMER, William Randal:

Originator of the Inter-parliamentary Union.

See (in this Volume)

WAR, THE REVOLT AGAINST: A. D. 1904-1909;

also NOBEL PRIZES.

CRETE: A. D. 1905-1906.

Insurgent demand of Union with Greece.

Investigation of discontent by the Protecting Powers.

Resignation of the High Commissionership by Prince George.

Appointment of Zaimis.

A determined revolutionary movement to secure union with

Greece was set on foot in March, 1905. Remonstrance against it

by Prince George was unavailing, and the National Assembly,

newly elected on the 2d of April, gave support to the

insurgents, proclaiming the desired union of Crete with "her

mother Greece," and ordering the Greek flag to be raised over

the public buildings of the island. The government of Greece,

while declaring its sympathy with the feeling which the

movement expressed, could not give countenance to it, and

urged the insurgents to lav down their arms. The latter,

however, continued to hold the interior of the island and to

make attacks on the Mohammedan population, until the approach

of winter, when, on the 19th of November, they gave up their

arms. The four protecting Powers then appointed a commission

to investigate the grounds of discontent in the island, and

its report made in the following spring justified a good deal

of the Cretan complaint of arbitrary rule. In May a new

Assembly was elected, in which the Government won 78 seats,

the Opposition 36, and the Moslems were represented by 16. In

July a resolution in favor of annexation to Greece was voted

by acclamation in the Assembly, and its sittings were

suspended to await the decision of the Powers. The latter

announced a little later the intention to organize a

gendarmerie to take the place of foreign troops in the island;

and also to extend the operations of the Greek Finance

Commission to Crete. Prince George now expressed his

unwillingness to continue in the office of High Commissioner,

and, on the request of the Powers, the King of Greece

nominated M. Zaimis to succeed him. The nomination was

accepted, and Prince George withdrew from the island, after

issuing a farewell proclamation, September 25th. M. Zaimis

arrived and assumed office on the 14th of October, being

warmly received. He was understood to have the powers of a

Greek Viceroy, with a mission to prepare the island for

annexation to Greece.

{168}

"I should not like," said a writer in the summer of 1905, "to

speak too positively of Prince George’s mistakes; but I have

met no European who has lived in the island who had a good

word to say for his administration. On the one hand, he played

the despot. The local independent newspapers were destroyed,

and the right of public meeting withdrawn. Worst of all, the

mayors and prefects, who had originally been elected by the

inhabitants of their districts, were degraded to the position

of mere officials nominated by the Prince. At the same time,

he aspired to be a sort of party leader. Quite early in his

term of office he contrived to alienate the best men among the

leaders who had conducted the insurrection with so much

patience and wisdom. The President of the Provisional

Government, Dr. Sphakianakis, an extremely able and, what is

rarer, a wise and disinterested man, went into retirement when

the Prince arrived. …

"By the summer of last year, [1904] when the Prince cast

Professor Jannaris, a philologist of European reputation, into

Canea gaol, the rift between himself and his people had become

desperate. … It was now quite clear that no solution remained

save union with Greece. To Prince George it provided an

honorable and graceful path of retreat. He could retire and

bring with him in his withdrawal a great gift to the Greek

nation, and confer, at the same time, contentment on Crete. …

Prince George, accordingly, devoted the closing months of 1904

to a tour among the European courts. The Powers had never

intended to make him the permanent sovereign of Crete. His

mandate was only for three years, and it had already been

prolonged for a second term. He urged that the time had at

length arrived for a definite solution, which could only be a

union with Greece. But either his pleading was half-hearted or

the Powers were deaf. His term was once more extended, and he

was weak enough, or vain enough, to accept the dangerous

mission. He returned to Crete and reported his failure.

"What followed is recent history. For a month or two the

Cretans were passive, and then suddenly they rose in arms. A

sort of provisional government was established at Therisso, a

stronghold in the mountains, near enough to Canea to threaten

the Prince’s administration, far enough from the sea to be out

of range of the European war-ships. Dr. Sphakianakis and MM.

Venizelos and Foumis are at its head, and it soon received the

allegiance of the whole interior. Simultaneously, under very

strained conditions, a general election was held; and, though

the members were probably drawn for the most part from the

Prince’s party, the Chamber adopted the programme of the

insurgents and solemnly proclaimed the annexation of the

island to Greece. The Prince threatened, but he had no force

behind him; and he too could only reiterate his prayer that

Europe should assent to union. It is a whimsical display of

unanimity. In other lands, subjects rebel to emphasize some

difference of opinion with their rulers. The Cretans have

taken up arms to prove how violently they all agree."

_H. N. Brailsford,

The Future of Crete

(North American Review, August, 1905)._

CRETE: A. D. 1907-1909.

How and why the Cretans have been restrained by the

Four Protecting Powers.

In February, 1907, the Cretans framed and adopted a new

Constitution, providing for an Assembly of sixty-four

Deputies, elected every two years, and continuing the

executive office of High Commissioner, with a Council of

three. They were fully exercising all the rights of

independent self-government, under the protection of the four

Powers which still maintained the old "Concert," namely, Great

Britain, France, Russia, and Italy. The Turkish Government

touched them in no other way than through the theoretical,

intangible suzerainty which the Sultan claimed. But that

claim, acknowledged by their potent protectors, barred them

from annexation to the kingdom of their fellow Greeks, which

was their heart’s desire. If Turkey had continued in the

condition to which it had sunk when the Powers set them free

from all but a fiction of feudal law (see in Volume VI. of

this work, TURKEY: A. D. 1897-1899) there seems little doubt

that they would have won their wish in no long time, with the

help of those Powers; but the great change in Turkish

conditions which came about in 1908 was not favorable to

Cretan hopes.

To the Cretans, in October, 1908, the Turkish Revolution

appeared to have brought them the best of opportunities for

breaking the irksome thread of an unexercised Ottoman

sovereignty. Bulgaria snapped the thread; why should not they?

But Bulgaria had no responsible guardians to look after her

conduct; while Crete was, unfortunately at this juncture, the

ward of an international trust company, whose responsibilities

for her were made immeasurably more serious by the very

circumstances which invited her to an escapade. The

revolutionary undertaking of the Young Turks, to reform their

own nation, claimed the sympathy and good will of every

right-feeling government in the world. Great Britain, France,

and Italy, at least, could not afford to lay, or consent to

the laying, of a straw of difficulty in its way. A declaration

of Cretan independence and annexation to Greece, countenanced

by the Powers, would have raised excitements in Turkey more

than likely to wreck the reform movement in a catastrophe of

war, which might involve much larger fields than those that

lie between Turkey and Greece. The action of Bulgaria and that

of Austria in annexing Bosnia and Herzegovina had put a

dangerous strain on the situation; but neither of these had

tried Turkish feeling as it would have been tried if Crete and

Greece had been suffered to follow their example by the four

protecting Powers.

The attempt was made in Crete on the 12th of October, 1908,

when the Assembly voted union with Greece, and elected a

committee of six members to conduct the Government in the name

of the King of Greece, under Greek laws. The four Powers

intervened in a soothing way, agreeing to treat with the

Turkish Government on the subject, provided that order in the

island should be maintained and protection afforded to the

Mohammedan population. In the previous May they had decided to

withdraw the forces they were jointly keeping in Crete, and

had announced that their evacuation of the island should be

completed by the end of July, 1909.

{169}

When the time thus appointed drew near there was some anxiety

as to what might follow the withdrawal of troops; but the

Powers adhered to their agreement. Meantime the Turkish

Government was giving plain expression to its determination to

"maintain Ottoman rights in Crete." Early in July, 1909, the

intentions of the four Powers were made known by an

announcement to the French Chamber of Deputies from the

Foreign Minister of that Government. The international

contingents of troops, he stated, would be recalled by the

contemplated date of July 27; but four war ships

(stationnaires) would be sent, one by each Power, "to guard

the Ottoman flag and the flags of the four Powers, as well as

to ensure, in case of trouble, the protection of the

population. A declaration would be addressed to the people of

Crete promising, in particular, that the Powers will continue

to occupy themselves with the Cretan question in a benevolent

spirit, but adding that it is their duty to see that order is

maintained and the safety of the Mussulmans in Crete assured;

that with this object they reserve the right of adopting such

measures as may be expedient for the restoration of

tranquillity, in case disturbances should break out which the

local authorities were unable to quell. The declaration

addressed to the Cretans to be communicated to the Porte and a

declaration to be made at Constantinople, in order to give an

exact account of the spirit in which the foregoing measures

have been adopted."

This decision was communicated formally to the Greek and

Turkish governments a little later. The latter, in reply,

thanked the four Powers for their promise to safeguard Ottoman

interests in the island, but declared that it could not

tolerate "any extension of the privileges of the Cretans

beyond those guaranteed by their autonomy, least of all any

such extension as might give rise to the supposition that

Crete was in any way politically connected or dependent on the

Hellenic kingdom."

The attitude of the four Powers in their action was stated

very distinctly to the British House of Commons on the 22d of

July, by Sir Edward Grey, Secretary for Foreign Affairs, as

follows:

"The _status quo_ maintained in Crete is that Crete

remains in trust to the four Powers who hold the island in

trust, and continue to maintain the obligations of preserving

the supreme rights of Turkey. That is the _status quo_,

and to put any other interpretation upon it and say that it

means this or that, or that it amounts to virtual annexation,

is misleading and is not true. That is not intended. The

question of Crete has been exceedingly difficult, partly for

the very reasons which I have already named, that it was

raised at a time when the Turkish Government itself was

passing through a stage exceedingly difficult, but exceedingly

hopeful. What we have desired to do with regard to Crete is to

secure that nothing shall happen which will be damaging to the

prestige of the new _régime_ in Turkey, and by being

damaging to that prestige make the prospects of reform and of

the increasing welfare of Turkey less hopeful."

The last of the international contingents left Crete on the

26th of July; whereupon the Cretans ran up the Greek flag on

the fortress evacuated. Some days passed before the naval

_stationnaires_ of the four Powers arrived on the scene,

and Turkey opened a somewhat sharp correspondence with Greece.

The Powers intervened, assuming responsibility for conditions

in Crete, and asking that communications on the subject be

addressed to them. At the same time, the Cretans were

admonished to take down the Greek flag. As they did not do so,

sailors from the war ships were landed on the 18th of August,

who lowered the flag and cut the flag-staff down. Sixty were

left on guard to prevent further demonstrations of a

provocative kind. To the time of this writing (February 1,

1910) nothing has occurred since to disturb the quiet in

Crete. In November, however, the Turkish Government addressed

to the four Powers a request for a definite settlement of the

status of Crete. The reply, given on the 9th of December, was

as follows:

"The protecting Powers do not deem the moment opportune for

diplomatic negotiations tending to establish a definite

_régime_ in the island. The circumstances have not

changed since the date of evacuation of the island by the

international troops. Though infractions of the _status

quo_ had been committed, they were at once suppressed, and

if more serious infractions occurred the Powers would meet

them in accordance with the standpoint expressed in their

Notes of July last with regard to the supreme rights of the

Sultan. In present conditions negotiations on the Cretan

question might excite public opinion in Turkey and elsewhere,

and lead to dangerous complications."

----------CRIME AND CRIMINOLOGY: Start--------

CRIME AND CRIMINOLOGY: THEIR PROBLEMS.

"Black Hand," The:

Sicilian Blackmail Terrorism brought to the United States.

"Toward the end of the last century the Sicilian gangs which

made their living by blackmail became aware that not a few

Italians who had left their home country as peasants had

acquired wealth across the Atlantic. Even the ordinary

workman, they learnt, who could gain only 40 cents a day in

Sicily, could make about four times that wage in New York.

Accordingly they hastened to exploit by their familiar methods

the rich field of the Italian colony in that city. It was not

long before the American police found themselves faced by an

elaborate machinery of crime far more ingenious and

complicated than anything with which they had previously had

to deal. The Black Hand, as the society called itself,

proceeded normally to extort what it wanted by frank demands

and threats, and it did not hesitate at kidnapping, outrage,

and murder when these means seemed necessary to its ends."

_New York Correspondent London Times,

March 16, 1909._

CRIME AND CRIMINOLOGY:

Cleveland’s Farm Colony.

"A City in the Life Saving Business" is the title given by Mr.

Frederick C. Howe to an article in _The Outlook_ of

January 18, 1908, descriptive of the Farm Colony which the

City of Cleveland, Ohio, has substituted for the old time

"work-house" or "penitentiary" for the detention and treatment

of its vagabonds and petty offenders.

{170}

The change has been wrought within the past seven years by the

City Director of Charities and Corrections, Dr. Harris R.

Cooley. The following facts of it are summarized from Mr.

Howe’s article:

The colony occupies the larger part of a 1900 acre farm, on

which some other institutions, such as a city infirmary, are

to be placed; but the ex-workhouse-prisoners are, so far, the

interesting occupants of the farm. They are prisoners with no

prison. They wear no convict garb, drag no ball and chain, are

surrounded by no wall or stockade, are watched by no armed

guards. They are working a quarry, making roads and sewers,

gathering stone, doing all descriptions of farm work, as free

in their movements as farm laborers who work for hire. And out

of hundreds on whom this treatment has been tried for nearly

seven years "only a handful," it is said, "have ever taken

advantage of their liberty. And it was the other prisoners who

were most incensed at their escape."

These unimprisoned prisoners are put on honor; they are

treated as men to whom society would like to do good. It gives

them a few weeks or months of healthful, honestly laborious

life, in the midst of wholesome and beautiful surroundings

(for the farm is nobly situated); and when they are dismissed

from it they do not go dispirited and weakened and marked with

a prison brand, as they would go from a workhouse, but

strengthened in body, helped to self-respect, and encouraged

to a change of life by the experience they have had. It is not

punishment they have received, but a revelation, in most

cases, of a better side of life than they had known. And this

treatment is proving its success.

There are classes for instruction, on various lines, at the

farm, and some come back, for evening study, after their

release. Two years ago one of the released colonists began the

formation of a Brotherhood among those who came out, to assist

their fellows and take care of them till they got a new

footing in the world; and no less than 427 had received that

helping hand of fellowship when Mr. Howe wrote his account.

The Brotherhood was then occupying a rented house, on the

furnishing of which it had expended over $2000, made up within

its own ranks.

Besides its Farm Colony, Cleveland has established another,

somewhat similar, farm for boys. This, called Boyville, is 285

acres in extent, and the young delinquents sent to it live in

cottages, named Washington Cottage, Lincoln Cottage, etc.,

each with a motherly woman in charge. They are kept in

attendance at a school pursuing the same studies as in the

city schools; their big playground affords them all kinds of

healthful sports. They have horses, cattle, goats and dogs to

take care of, and they are drilled in a fire company which is

expected to protect the property of Boyville.

CRIME AND CRIMINOLOGY:

The Convict Lease System:

Its abolition in Georgia.

During the Civil War the Penitentiary buildings of the State

of Georgia, at Milledgeville, were destroyed, and for many

years subsequently the prevailing conditions were not

favorable to their replacement. There grew up, in consequence,

an evil practice of working convicts in chain-gangs, leading

finally to the leasing of such gangs to contractors. A

frightful brutalizing of all concerned in the operation of the

vicious system—convicts, overseers, and lessees alike—is said

to have been the result, as it could hardly fail to be. Within

late years public attention, in Georgia and outside of the

State, was increasingly drawn to the treatment and condition

of the chain-gangs, by shocking stories of barbarity and

depravity; yet the evil was hard to reform, because of the

profit which the State derived from the hire of its criminals.

Years of agitation and exertion by right-minded people in

Georgia were required to overcome the sordid influence of this

fact, and it was not until September, 1908, that the

Legislature, called in special session by Governor Hoke Smith

to deal with the question, passed an Act which brought the

lease system to an end on the 31st of March, 1909. Provision

was made at this important session for an establishment of

State farms on which convicts can be employed; for introducing

a parole system into the penological policy of the State, and

for the institution of juvenile courts. The legislative

session was a memorable one.

CRIME AND CRIMINOLOGY:

English Court of Criminal Appeal.

See (in this Volume)

LAW AND ITS COURTS: ENGLAND.

CRIME AND CRIMINOLOGY:

The English Prevention of Corruption Act.

The object of the English Prevention of Corruption Act, passed

in 1906, is to check the practice of giving and taking secret

commissions, which, as the late Lord Russell of Killowen

caused the country to realize, was widely prevalent in

commercial and professional circles, as well as in the humbler

sphere of the "servants’ hall." Before the passing of the Act,

of course, it was illegal to give and receive secret

commissions. After the Act came into force, it became

criminal. The provisions of the measure make it a

misdemeanour, punishable, on summary conviction or on

indictment, with fine or imprisonment—

(1) For any agent corruptly to receive any gift or

consideration for doing or not doing any act, or showing or

not showing favour or disfavour, in relation to his

principal’s affairs;

(2) For any person corruptly to offer such gift or

consideration to any agent;

(3) For any person to give to an agent, or for any agent to

use, any false or defective receipt or other business document

with intent to deceive the principal.

Two years after the Act came into force its effects were

discussed by a writer in the London _Times_, who said:

‘The circumstances that the fiat of the Attorney-General must

be obtained before any prosecution can be instituted under the

Act, and that, until recently, there was no organization

qualified to take active steps to prevent the Act from

becoming a dead letter, account for the comparatively small

number of cases in which proceedings have been taken under the

Act during the past two years. Fifteen prosecutions have been

authorized by the Attorney-General. In 12 cases there have

been convictions, one case has been abandoned, and two are

still pending. These figures show, at any rate, that

prosecutions are not lightly instituted, and that the charges

which have been preferred against offenders have been, as a

rule, well founded.

{171}

"It is undoubtedly true, in this matter as in others, that

‘everybody’s business is nobody’s.’ Soon after the passing of

the Act it was realized that, if it was to prove effective

‘for the better prevention of corruption,’ some organization

must be formed to give effect to the measure—to furnish

information in respect to its provisions, to investigate

complaints, and, if necessary, to institute prosecutions. A

society was formed, therefore, with the title of ‘The Secret

Commissions and Bribery Prevention League,’ to work on lines

similar to those of the societies which strengthen the arm of

the law so effectively in respect of cruelty to children and

cruelty to animals. … The committee has investigated a large

number of cases which have been brought to their knowledge,

they have given advice freely to members and others interested

in the working of the Act, they have issued thousands of

circulars and letters, as well as occasional ‘news sheets,’

they have made representations to the War Office and other

public bodies as opportunities occurred, and have summoned

various trade conferences for the consideration of points of

importance arising out of the Act. The value of the League’s

work is emphasized by the fact that the members include many

important limited liability companies and trade associations,

and that the League is becoming in a special sense

representative of the commercial community as a whole."

CRIME AND CRIMINOLOGY:

Indeterminate Sentence and

the Parole System of New York State.

The first provision in New York for indeterminate sentences

was by Section 74, Chapter 382 of the Laws of 1889, as

follows: "Whenever any male person over sixteen years of age,

shall be convicted of a felony which is punishable by

imprisonment in a State prison, for a term to be fixed within

certain limits by the court pronouncing sentence, the court

authorized to pronounce judgment upon such offender, instead

of pronouncing upon such offender a definite sentence of

imprisonment in a State prison for a fixed term, may pronounce

upon such offender an indeterminate sentence of imprisonment

in a State prison for a term with minimum and maximum limits

only specified, without fixing a definite term of sentence

within such limits named in the sentence, but the maximum

limit so specified in the sentence shall not exceed the

longest period for which such offender might have been

sentenced, and the minimum limit in said sentence specified

shall not be less than the shortest term for which such

offender might have been sentenced. The maximum term specified

in such indeterminate sentence shall be limited in the same

manner as a definite sentence in compliance with the

provisions of section six hundred and ninety-seven of the

Penal Code."

A Parole Board was constituted under this Act, composed of the

Superintendent of Prisons and the chief officers of the four

State Prisons.

"It will be noted that this law permitted the indeterminate

but did not abolish the definite sentence. Its provisions

applied to all classes of male felons over sixteen years of

age. No distinction was made between the first offenders and

the professional and persistent criminals. The court in its

discretion could impose either form of sentence on any

convicted male felon provided he was more than sixteen years

old. How general the preference of the judges was for the

definite sentence is shown by the fact that during the twelve

years that this law was in force approximately 13,000

prisoners were received at the prisons, only 115 of whom had

indeterminate terms. …

"As there were but 60 men paroled during the life of this

statute (1889 to 1901), there was naturally but slight

progress made during that period toward organizing,

systematizing and perfecting the parole system; but some

experience was gained and data secured that has since been

useful. …

"The Legislature of 1901 passed two important and effective

laws relative to the parole of prisoners which became

operative September 1, 1901. The first amended Section 74 of

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