Page images
PDF
EPUB

occupations, in proportion to their economic and social importance.

Drafts of laws of fundamental importance, involving social and economic policy, shall be submitted by the Federal Government to the Federal Economic Council for approval before they are actually brought forward. The latter has the right of proposing such Bills itself. Should the Federal Government not approve of them, it must nevertheless introduce them into the Reichstag, with a statement of its own views. The Federal Economic Council may present its proposals to the Reichstag by one of its members.

Powers of control and administration in questions assigned to them may be transferred to Workmen's and Economic Councils.

It is exclusively the business of the Federal Government to regulate the constitution and spheres of action of Workmen's and Economic Councils, as well as their relation to other self-governing bodies.

Provisional and Concluding Arrangements.

166. Until the establishment of the Federal Administrative Court, its place is taken, for the formation of the Court for the scrutiny of the poll, by the Federal High Court of Justice.

167. The decisions of Article 18, paragraphs 3–6, do not come into force until two years after the publication of the German Constitution.

168. Until the promulgation of the State law provided for in Article 63, but at the longest for the period of one year, all Prussian votes in the Reichsrat may be given by members of the Government.

169. The time at which the provision of Article 83, paragraph 1, is to come into force shall be determined by the Federal Government.

For a suitable transition period, the collection and administration of customs and excise may, at their request, be left to the States.

170. The administration of the postal and telegraphic services of Bavaria and Württemberg shall be transferred to the Federation by the 1st April, 1921, at the latest.

Should no agreement as to the conditions of transfer have been attained by the 1st October, 1920, the decision shall be given by the Supreme Court of Judicature.

Up to the date of transfer the existing rights and duties of Bavaria and Württemberg remain in force. Postal and telegraphic communications with neighbouring foreign States

are, however, regulated exclusively by the Federal Govern

ment.

171. State railways, waterways, and sea-beacons shall be transferred to the Federation by the 1st April, 1921, at the latest.

Should no agreement as to the conditions of transfer have been attained by the 1st October, 1920, the decision shall be given by the Supreme Court of Judicature.

172. Up to the date at which the Federal law as to the Supreme Court of Judicature comes into force, its authority shall be invested in a Senate of seven members, four of whom are elected by the Reichstag, and three by the High Court of Justice from its own numbers. The regulation of proceedings is left to the Senate itself.

173. Until the promulgation of a Federal law in accordance with Article 138, the hitherto existing State connections with religious bodies, depending upon law, agreement or special legal titles, remain in force.

174. Until the promulgation of the Federal law provided for in Article 146, paragraph 2, the existing legal position is maintained. The law must take into consideration in particular those territories of the Federation in which a school is already legally established which is not divided according to religious creeds.

175. The decision of Article 109 does not apply to orders and decorations conferred for merit during the years of the war 1914-1919.

176. All public officials and members of the armed forces must take the oath of allegiance to this Constitution. Details shall be determined by the decree of the President of the Federation.

177. Where in existing laws the use of a religious formula is required in taking the oath, the person concerned may legally replace such formula by the declaration "I swear. Otherwise the wording of the oath as provided by law remains unaltered.

*

178. The Constitution of the German Empire of the 16th April, 1871, and the Law of the 10th February, 1919, as to provisional Imperial authority, are repealed.

The remaining laws and decrees of the Empire remain in force, as far as they are not in opposition to the present Constitution. The provisions of the Treaty of Peace signed at Versailles on the 28th June, 1919, are unaffected by the Constitution. Regulations of authorities, issued in a legal manner upon the basis of existing laws, remain valid until they are annulled in the course of the issue of further regulations, or in the course of legislation.

* Vol. LXI, page 58.

+ Page 1.

179. Where, in laws or decrees, reference is made to regulations or arrangements annulled by this Constitution, they are replaced by the corresponding regulations or arrangements of this Constitution. In particular, the National Assembly is replaced by the Reichstag, the Committee of the States by the Reichsrat, and the President of the Federation, who was elected on the basis of the law as to provisional Federal authority, is replaced by the President of the Federation elected upon the basis of this Constitution.

The powers for the issue of decrees held by the Committee of the States in accordance with hitherto existing regulations are transferred to the Federal Government; the consent of the Reichsrat is requisite for the issue of decrees, in accordance with the provisions of this Constitution.

180. Until the meeting of the first Reichstag, the National Assembly will have the status of the Reichstag. Until the first Federal President enters upon his office, his work is carried on by the President of the Federation elected under the law as to provisional Federal authority.

It

181. The German people, through their National Assembly, have carried and decreed this Constitution. comes into force upon the day of its publication. Schwarzburg, 11th August, 1919.

EBERT,

President of the State.

BAUER,

Minister of State.

[Signatures of Ministers.]

GERMAN DECLARATION concerning the Cancelling of Article 61 of the German Constitution.-Versailles, September 22, 1919.*

THE undersigned, duly authorised and acting in the name of the German Government, admits and declares that all the provisions of the German Constitution of the 11th August, 1919, which are in contradiction with the terms of the Treaty of Peace signed at Versailles on the 28th June, 1919, are null and void.

The German Government admits and declares that the second paragraph of Article 61 of the said Constitution is therefore null and void, and in particular that Austrian representatives cannot be admitted to the Reichsrat, except so far

* Signed also in the French language.

+ Page 1063.

as the Council of the League of Nations, in accordance with Article 80* of the Treaty of Peace, should consent to such a change in the international status of Austria.

The present Declaration will be approved by the competent German legislative authority within fifteen days from the coming into force of the Treaty of Peace.

Done at Versailles the 22nd day of September, 1919, in the presence of the undersigned representatives of the Principal Allied and Associated Powers.

FREIHERR VON LERSNER.

FRANK L. POLK.

EYRE A. CROWE.

JULES CAMBON.

VITTORIO SCIALOJA.
K. MATSUI.

EXCHANGE OF NOTES between Germany and Sweden relative to the Prolongation of the Treaty of Commerce and Navigation between the two Countries, signed at Berlin, May 2, 1911.-Stockholm, December 30, 1919.

(No. 1.)-The German Minister at Stockholm to the Swedish Minister for Foreign Affairs.

(Translation.) M. le Ministre,

Stockholm, December 30, 1919. WITH reference to the preliminary negotiations which have taken place, I have been charged by my Government to inform your Excellency that the German Government desires to conclude an Agreement with the Royal Swedish Government for the prolongation until the 31st March, 1920, of the German-Swedish Commercial Treaty of the 2nd May, 1911,† which has been denounced by Sweden as from the 31st December, 1919.

Should the Royal Swedish Government be prepared to meet the wishes of the German Government in this respect, I shall consider the Agreement as to the provisional prolongation of the Commercial Treaty until the 31st March, 1920, effected by the notes exchanged between your Excellency and myself.

I avail myself, &c.

V. LUCIUS.

* Page 51.

+ Vol. CV, page 659.

(No. 2.)-The Swedish Minister for Foreign Affairs to the German Minister at Stockholm.

(Translation.) M. le Baron,

Stockholm, December 30, 1919. By a note of to-day's date you have, by order of your Government, informed me that the German Governinent desires by agreement with the Royal Swedish Government to postpone until the 31st March, 1920, the expiration of the German-Swedish Commercial Treaty of the 2nd May, 1911, which has been denounced by Sweden as from the 31st day of the present month.

In reply thereto I have the honour to inform you that the Royal Government is willing to meet the desire of the German Government and to postpone until the 31st March, 1920, the expiration of the above-mentioned Treaty.

In pursuance of the above, the Royal Government considers the Agreement as to the provisional prolongation of the Commercial Treaty until the 31st March, 1920, effected by the notes exchanged this day.

I avail myself, &c.
HELLNER.

GREEK NOTIFICATION relative to the Denunciation by the Greek Government of the Commercial Convention between Greece and Japan, signed at Athens, May 20 (June 1), 1899.-Athens, May 13 (26), 1919.*

(Translation.)

THE Greek Government, availing itself of the right accorded under Article XV of the Commercial Convention between Greece and Japan, which was signed on the 20th May (1st June), 1899, denounces the Convention.

It shall cease to have effect on the 27th April (10th May), 1920, unless by that date a new commercial régime shall have been agreed on between Greece and Japan.

By command of the Minister,

G. LAGOUDAKIS,

Athens, May 13, 1919.

for the General Director.

* Greek Government "Gazette," No. 106, May 18 (31), 1919.
+ Vol. XCII, page 366.

« PreviousContinue »