[Footnote 381: Prior to 1906 the Berlin representatives were chosen in four electoral districts, but in the year mentioned the city was divided into twelve single-member const.i.tuencies.]

[Footnote 382: As stipulated in articles 69-75 of the const.i.tution. Robinson, The Const.i.tution of the Kingdom of Prussia, 42-44.]

[Footnote 383: In the event that, between elections, a seat falls vacant, a new member is chosen forthwith by this same body of Wahlmanner without a fresh appeal to the original electorate of the district.]

*278. Origins and Operation of the System.*--The princ.i.p.al features of this unique system were devised as a compromise between a thoroughgoing democracy based on universal suffrage and a government exclusively by the landholding aristocracy. The three-cla.s.s arrangement originated in the Rhine Province where, by the local government code of 1845, it was put in operation in the elections of the munic.i.p.alities. In the const.i.tution of 1850 it was adopted for use in the national elections, and in subsequent years it was extended to munic.i.p.al elections in virtually all parts of the kingdom, so that it came to be a characteristic and well-nigh universal Prussian inst.i.tution. It need hardly be pointed out that the scheme throws the bulk of political power, whether in munic.i.p.ality or in nation, into the hands of the men of wealth. In not fewer than 2,214 Urwahlbezirke a third of the direct taxes is paid by a single individual, who therefore comprises alone the first electoral cla.s.s; and in 1703 precincts the first cla.s.s consists of but two persons. In most cases the number of the least considerable taxpayers who in the aggregate pay the last third of the tax-quota is relatively large. Taking the kingdom as a whole, it was estimated in 1907 that approximately (p. 260) three per cent of the electorate belonged to the first cla.s.s, about 9.5 per cent to the second, and the remaining 87.5 to the third. In the individual precinct, as in the nation at large, the little group at the top, however, possesses precisely as much political weight as the large group at the bottom, because it is ent.i.tled to choose an equal number of Wahlmanner. The result is a segregation of cla.s.ses which, whatever its merits at certain points, is of very questionable utility as a basis of government.

The effect politically is to give an enormous advantage to the conservative and agrarian interests and to deprive the socialists and other popular elements all but completely of representation. At the elections of 1903 the Social Democrats put forth effort for the first time in an organized way to win seats in the Landtag. Under the system which has been described a total of 324,157 Conservative votes sufficed to elect 143 representatives, but 314,149 Social Democratic votes did not secure the return of a single member. In the Imperial elections of the same year, conducted under a scheme of equal suffrage, the popular party sent to the Reichstag eighty members. At the Prussian elections of 1908 a Social Democratic vote which comprised approximately twenty-four per cent of the total popular vote yielded but seven members in a total of 443. So glaringly undemocratic is the prevailing system that even that arch-aristocrat, Bismarck, was upon one occasion moved to denounce the three-cla.s.s arrangement as "the most miserable and absurd election law that has ever been formulated in any country."[384]

[Footnote 384: For a brief exposition of the practical effects of the system, especially on political parties, see Lowell, Governments and Parties, I., 305-308. The system as it operates in the cities is described in Munro, The Government of European Cities, 128-135, and in R. C. Brooks, The Three-Cla.s.s System in Prussian Cities, in _Munic.i.p.al Affairs_, II., 396ff. Among special treatises may be mentioned H. Nezard, L'evolution du suffrage universel en Prusse et dans l'Empire allemand (Paris, 1905); I. Jastrow, Das Dreikla.s.sensystem (Berlin, 1894); R. von Gneist, Die nationale Rechtsidee von den Standen und das preussische Dreikla.s.sensystem (Berlin, 1904); and G. Evert, Die Dreikla.s.senwahl in den preussischen Stadt-und Landgemeinden (Berlin, 1901).]

II. THE MOVEMENT FOR ELECTORAL REFORM

*279. The Programme Formulated.*--Throughout more than a generation there has been in Prussia persistent agitation in behalf of electoral reform. In 1883, and again in 1886, the lower chamber debated, but rejected, a project for the subst.i.tution of the secret ballot for the existing _viva voce_ method of voting. In 1883 the Social Democratic party proclaimed its purpose to abstain from voting until the (p. 261) inequalities arising from "the most wretched of all electoral systems"

should have been removed. Gradually there was worked out a programme of reform to which socialists, Liberals, and progressives of various schools gave adherence, wholly or in part, comprising four princ.i.p.al demands: (1) the abolition of discriminations against the small taxpayer; (2) the introduction of the secret ballot; (3) the replacing of indirect by direct elections; and (4) a redistribution of seats.

And these are to-day the objects chiefly sought by the reform elements.

*280. The Efforts of 1906 and 1908.*--In 1906 a bill raising the number of representatives from 433 to 443 and making provision for a slight redistribution of seats was carried, but a Radical amendment providing for direct and universal suffrage and the secret ballot was opposed with vigor by the Government and failed of adoption. In January, 1908, there were notable socialist demonstrations throughout the country in behalf of the establishment of equal manhood suffrage. Prince von Bulow, while admitting the existing system to be defective, opposed the introduction in Prussia of the electoral system of the Empire, alleging that it would not be compatible with the interests of the state and maintaining that every sound reform of the franchise must retain and secure the preponderance of the great ma.s.s of the middle cla.s.s, and therefore must aim at the establishment of an equitable gradation in the weight of the various cla.s.ses of votes. It was added that the Government would consider whether this object might best be attained by basing the franchise entirely upon the amount of taxes paid by the voter, or by taking into account age, educational attainments, or other qualifications. When the Radicals introduced in the lower chamber a resolution declaring for equal manhood suffrage the Clericals and the Poles supported it, but the Conservatives and National Liberals of all shades stood by the Government, and the resolution was overwhelmingly rejected. The elections of June, 1908, at which, as has been pointed out, seven Social Democratic members were returned, demonstrated that even under existing electoral arrangements dissatisfaction could find some expression. The National Liberals and the Free Conservatives, who had been outspoken in opposition to the extension of the suffrage, lost, respectively, twelve and four seats. When, however, the Radical resolution reappeared it again was thrown out.

*281. The Project of 1910.*--By popular demonstrations in Berlin and in other important towns throughout the kingdom, the Government was brought to the conviction that it was not expedient to maintain too long its. .h.i.therto inflexible att.i.tude. In a speech from the (p. 262) throne, January 11, 1910, the sovereign announced the early introduction of a measure for electoral reform, and a month later it became the unwelcome duty of the new Chancellor, von Bethman-Hollweg, to lay the Government's project before the chambers. Instantly it was evident, not only that the proposal had been prepared entirely under bureaucratic direction, but that the real purpose of the Government was to carry through the Landtag an electoral bill designed to appease the reformers without yielding the essential features of the existing system. The project provided, in brief: (1) that the tripart.i.te system be retained, though the quota of taxes admitting to the first cla.s.s should be reduced to a uniform level of five thousand marks (no weight being given to payment beyond that amount), and voters of specified degrees of education, or occupying certain official positions, or having served a stipulated number of years in the army or navy, should be a.s.signed to the higher cla.s.ses, with but incidental regard to their tax contributions: (2) that _viva voce_ voting be retained; (3) that the choice of electors be by districts rather than by Urwahlbezirke; and (4) that direct voting be subst.i.tuted for indirect. There was no mention of redistribution, and the secret ballot was specifically withheld. The rearrangement of cla.s.ses did not touch the fundamental difficulty, and the only demand of the reformers which was really met was that for direct elections. In his speech in defense of the measure the Chancellor frankly admitted that the Government was irrevocably opposed to a suffrage system based on democratic principles.

The scheme was ridiculed by the liberal elements. In protest against the nonchalance with which the door had been shut in their faces the working cla.s.ses in Berlin and elsewhere entered upon a fresh series of demonstrations by reason of which the Government was embarra.s.sed through several weeks. In the Landtag the Conservative and Free Conservative parties, comprising the Government majority, stood solidly for the bill, in the conviction that if there must be change at all those changes which the bill proposed would be less objectionable than those which were being urged by the radicals. The Centre wavered, while the National Liberals, the Poles, the Social Democrats, and the Progressive People's Party stood firmly in opposition. February 13 the bill was referred in the lower house to a committee, by which it was reported so amended as to provide for the secret ballot but not for direct elections. March 16, by a vote of 283 to 168, the measure in this amended form, was pa.s.sed by the chamber, all parties except the Conservatives and the Centre voting against it.

April 29 the bill was pa.s.sed in the upper chamber, by a vote of 140 to 94, in the form in which originally it had been introduced. All (p. 263) efforts on the part of the Government to bring the lower house to an acceptance of the original measure proved fruitless, and the upshot was that, May 27 following, the project was withdrawn from the chambers. The overhauling of the antiquated electoral system in Prussia, both national and munic.i.p.al, remains a live issue, but agreement upon a definite project of reform is apparently remote. The problem is enormously complicated by the virile traditions of aristocratic, landed privilege which permeate the inmost parts of the Prussian political system. In respect to redistribution, too, a fundamental obstacle lies in the consideration that such a step on the part of Prussia would almost of necessity involve a similar one on the part of the Empire. In both instances the insuperable objection, from the point of view of the Government, arises from the vast acquisition of political power which would accrue from such reform to the socialists and other radical parties.[385]

[Footnote 385: P. Matter, La reforme electorale en Prusse, in _Annales des Sciences Politiques_, Sept., 1910; C. Brocard, La reforme electorale en Prusse et les partis, in _Revue Politique et Parlementaire_, Feb., 1912.]

III. ORGANIZATION AND FUNCTIONS OF THE LANDTAG

*282. Sessions and Privileges of Members.*--The maximum life of a Landtag is five years; but the lower house may at any time be dissolved by the crown. A dissolution must be followed by the election of a new chamber within sixty days, and the ensuing session is required to begin within three months. The power of dissolution is not infrequently exercised, and there have been instances of the dissolution of a newly elected chamber, by reason of its objectionable political character, before it had been convened for so much as a single sitting. According to law the Landtag must be convoked in regular session every year, during the period between the beginning of November and the middle of the following January.[386] It may be called in extraordinary session at any time. Without its own consent, it may not be adjourned for more than thirty days, or more than once during a session. Save in the event of the necessity of making provision for a regency, the chambers sit separately; but the two must be convoked, opened, adjourned, and prorogued simultaneously.

[Footnote 386: Art. 76.]

Each chamber pa.s.ses upon the qualifications of its members; each elects it own presidents, vice-presidents, and secretaries; and each regulates its own discipline and order of business. Sittings of both chambers are public, save when, on proposal of the president or of ten members, it is decided to close the doors. Members are regarded (p. 264) as representatives of the population of the kingdom as a whole. They may not be bound by any sort of instructions; nor may they be called to account legally for votes cast, or for statements made, in the fulfillment of their legislative functions. Unless taken in the act, or within twenty-four hours thereafter, no member of either house may, without the consent of that house, be arrested or submitted to examination for any penal offense. Members of the lower house receive, and must accept, travelling expenses and a daily allowance of fifteen marks during sessions.

At the beginning of each sitting the House of Lords is divided into five Abtheilungen, or sections, and the House of Representatives into seven. In the lower house the division is made by lot; in the upper, by the president. In both instances it is made once for an entire session, not monthly as in France, or bi-monthly as in Italy. The function of the Abtheilungen is to appoint committee members, and, in the lower house, to make preliminary examination of election returns.

In each house there are eight standing committees. For the consideration of particular measures special committees are const.i.tuted as occasion demands.

*283. Powers.*--The Landtag is, of course, primarily a legislative inst.i.tution. But the powers of independent deliberation which it exercises are distinctly inferior to those exercised by the British House of Commons, by the French Chamber of Deputies, or by any one of a half score of other European parliamentary bodies. This fact arises from the relatively preponderating influence which is exerted by the Government in its proceedings. In theory each chamber possesses the right to initiate legislation; in practice, virtually all bills are introduced by the Government, and the chambers content themselves with discussion and the proposing of amendments. It not infrequently happens that, as in the case of the Electoral Reform Bill of 1910, the lower house so emasculates a measure as to compel the Government to withdraw it. But, speaking broadly, it may be said that the legislative acts of Prussia are projected and formulated by the crown and the ministers and merely ratified by the Landtag. There is still some question as to whether the stipulation that all laws require the a.s.sent of the two houses covers, under every circ.u.mstance, the appropriation of money. In practice, appropriations are regularly voted in the chambers, and in fact it is required that the budget and all fiscal measures shall be presented first to the lower house and shall be accepted or rejected as a whole by the upper; but during the years immediately preceding the Austrian war of 1866 the Government a.s.serted and exercised the power of collecting and expending the revenues of the state on the basis of standing laws, thus virtually (p. 265) suspending the legislative appropriating power, and the question has never been finally settled by Prussian jurists as to whether such a thing might not again be done.[387]

[Footnote 387: Lowell, Governments and Parties, I., 298.]

On the side of administration the powers of the Landtag are but nominal. Under provisions of the const.i.tution each chamber has a right to present memorials to the king; to refer to the ministers doc.u.ments addressed to it, and to demand explanations respecting complaints made therein; and to appoint commissions for the investigation of subjects for its own information. The right of interpellation is expressly recognized. But, as has been pointed out, the ministers are not in practice responsible to the legislative chambers, and neither they nor the king himself can be compelled to give heed, unless they so desire, to legislative protests, demands, or censure. Where a parliamentary system does not exist, the influence of the legislative branch upon matters of administration is likely to be confined to the simple a.s.sertion of opinion.

IV. LOCAL GOVERNMENT: ORIGINS AND PRINCIPLES[388]

[Footnote 388: The judicial system of Prussia, regulated in common with that of the other states by Imperial law, is described in Chapter 11, pp.

241-244. Articles 86-97 of the Prussian const.i.tution deal with the subject of the judiciary, but many of their provisions have been rendered obsolete by Imperial statutes.]

*284. The Measures of Stein and Hardenberg.*--The origins of the local governmental regime prevailing in the kingdom of Prussia to-day antedate, to some extent, the nineteenth century, but in large part they are to be traced to the period of the Stein-Hardenberg ministries. By the memorable Munic.i.p.al Edict (_Stadt-Ordnung_) of November 19, 1808, Stein set up a complete munic.i.p.al system, with burgomasters, executive boards, and town councils (all elective), and swept away the oligarchy of the guilds, broadened the franchise, and conferred upon the towns almost complete independence, even in the matter of taxation. An edict of 1831 inaugurated a revival of the right of the central authorities to supervise local taxation and introduced a number of other changes, but, on the whole, the munic.i.p.al arrangements of the present day are based upon the edict of Stein.

More immediately, they rest upon an act of 1853, applied originally only to the six eastern provinces of the kingdom, but eventually extended to the others. Aside from its introduction of the three-cla.s.s electoral system, and a few other matters, this law follows closely the measure of 1808 and but consolidates and extends pre-existing arrangements.[389] Neither Stein nor Hardenberg touched the (p. 266) const.i.tution of the country communes, but the extension, during the Napoleonic occupation, of the French communal system into all the Prussian territories west of the Elbe prepared the way for the essentially uniform system which was established by the Westphalian and Rhineland Edicts of 1841 and 1845. Edicts of 1807 and 1811 abolished the aristocratic basis of the ancient circles (Kreise), and after 1815 the circle as a unit of local government next above the commune was extended to all the conquered or reconquered territories.

The revival of the old provincial organization was begun also in 1815, when the kingdom was divided into ten provinces; and in the same year there were established twenty-six government districts (Regierungsbezirke), two or three within each province, each under the control of one of the government boards (Regierungen) whose creation had been begun in 1808.[390]

[Footnote 389: The text of the law of 1853 is printed in the appendix of A. W. Jebens, Die Stadtverordneten (Berlin, 1905).]

[Footnote 390: E. Meier, Die Reform der Verwaltungsorganisation unter Stein und Hardenberg (Leipzig, 1881).]

*285. The Reforms of Bismarck.*--Throughout the middle portion of the nineteenth century the administrative system, modified but slightly by legislative enactment, continued to present a curious combination of elements which were popular and elements which were narrowly bureaucratic and, in some instances, essentially feudal. Beginning in 1872, Bismarck addressed himself to the task of co-ordinating, strengthening, and to a certain extent liberalizing, the local inst.i.tutions of the kingdom. The ends at which he aimed princ.i.p.ally were the abolition of conditions by which it was made possible for the whole machinery of local government to be captured from time to time by a single social cla.s.s for its own benefit, and the establishment of a system under which all cla.s.ses of the population might be admitted to partic.i.p.ation in the management of purely local affairs. In the course of the reform which was carried through numerous features of English local inst.i.tutions were copied with some closeness. In a number of scholarly volumes appearing between 1863 and 1872 the genius of these inst.i.tutions had been convincingly expounded by the jurist Rudolph Gneist, whose essential thesis was that the failure of parliamentary government in Prussia and the success of it in Great Britain was attributable to the dissimilarity of the local governmental systems of the two countries;[391] and by these writings the practical proposals with which Bismarck came forward were given important theoretic basis. Neither Gneist nor Bismarck sympathized with the ideals of democracy, but both believed that the local (p. 267) administrative authorities should be made to include not only a paid, expert bureaucracy but a considerable element of unpaid lay or non-official persons, drawn, however, princ.i.p.ally from the large landowners and taxpayers. The obstacles to be overcome, arising from public indifference, the opposition of the existing bureaucracy, the apprehensions of the Conservatives, and sectional differences and antipathies, were enormous, but by proceeding slowly and in a conciliatory spirit the Government was able eventually to execute the larger portion of its plans. The first enactments, for the circles in 1872 and for the provinces in 1875, were applied only to those provinces which had formed the old monarchy, but during the ensuing ten years similar measures were extended to the remainder of the kingdom, and, finally, after the dismissal of Bismarck, the task was rounded out by a great Landgemeinde-Ordnung issued for the seven eastern provinces in 1891. By this series of enactments the administrative methods and machinery of the kingdom were reduced to substantially the character which they to-day possess.

[Footnote 391: The most important of Gneist's works in this connection are: Geschichte des self-government in England (1863); Verwaltung, Justiz, Rechtsweg (1867); Die preussische Kreis-Ordnung (1871); and Der Rechtsstaat (1872).]

*286. Principles of the Administrative System.*--Although the system is still one of the most complicated in Europe, it is infinitely simpler than once it was, and the bureaucratic forces in it, if still predominant, have been subjected to a variety of important restraints.

The principles which underlie it have been summarized by an English writer as follows: "The first is the careful distinction drawn between those internal affairs in which the central government is thought to be directly concerned, and those which are held to be primarily of only local interest. The former group includes, besides the army, the state taxes and domains, ecclesiastical affairs, police (in the wide Prussian meaning of the term), and the supervision of local authorities; whilst roads, poor relief, and a number of miscellaneous matters are left to the localities. These two groups are kept carefully separate, even when they are entrusted to the same authority. Secondly, the work of the central government is 'deconcentrated,' that is, the country is divided into districts (which may or may not be coincident with the areas of local self-government), in each of which there is a delegation of the central authority, doing its work, and thereby lessening the pressure upon the departmental offices in Berlin. Something like this deconcentration is found in the educational organization of France, and also in the office of the Prefect, but it is far more elaborate, and the machinery much more complex, in Prussia. Thirdly the comparative independence of the executive from the deliberative authority, and the predominance of the officials, which characterize the central government of Prussia, repeat themselves throughout the whole of local government. And, finally, in all except the (p. 268) largest of the Prussian areas of local self-government, the executive agents of the locality, elected by it, are also the representatives of the central government; as such they are members of the bureaucracy and controlled by it, and in consequence they naturally look to the center for guidance and direction in regard to local affairs.

Therefore, whilst it would be inaccurate to say that local self-government, as understood in England, does not exist in Prussia, it is true that self-government there is weak, that it is not so much the exercise of the will of the locality within limits prescribed (for the protection of the whole community) by the central power, as the exercise of the will of the latter by the locality. In fact, the bureaucracy rules; and it is fortunate for Prussia that hitherto the bureaucracy has remained intelligent and respective of new ideas."[392]

[Footnote 392: Ashley, Local and Central Government, 130-132.]

At the same time it is to be observed that, while the professional, life-long holders of office continue to preponderate as in no other important country of western Europe, the cla.s.s of non-professionals is large and constantly increasing. As a rule, the first cla.s.s is salaried, the second is not; the non-professionals being simply citizens who, moved by considerations of a civic and social nature, give their services without prospect of pecuniary reward. The principle of the system is, as Ashley characterizes it, that of government by experts, checked by lay criticism and the power of the purse, and effectively controlled by the central authorities. And, although the details of local governmental arrangements vary appreciably from state to state, this principle, which has attained its fullest realization in Prussia, may be said to underlie local government throughout the Empire in general.

V. LOCAL GOVERNMENT: AREAS AND ORGANS

*287. The Province.*--Aside from the cities, which have their special forms of government, the political units of Prussia, in the order of their magnitude, are: (1) the Provinz, or province; (2) the Regierungsbezirk, or district; (3) the Kreis, or circle; (4) the Amtsbezirk, or court jurisdiction; and (5) the Gemeinde, or commune.

Of these, three--the first, third, and fifth--are spheres both of the central administration and of local self-government; two--the second and fourth--exist for administrative purposes solely. Of provinces there are twelve: East Prussia, West Prussia, Brandenburg, Pomerania, Silesia, Posen, Westphalia, Saxony, Hanover, the Rhine Province, Schleswig-Holstein, and Hesse-Na.s.sau.[393] Unlike the French and (p. 269) Italian departments, the Prussian provinces are historical areas, of widely varying extent and, in some instances, of not even wholly continuous territory. Thus Hanover is, geographically, the kingdom once united with the crown of Great Britain, Schleswig-Holstein comprises the territories wrested from Denmark in 1864, Saxony is the country taken from the kingdom of Saxony at the close of the Napoleonic wars, and Posen represents Prussia's ultimate acquisition from the Polish part.i.tions of the eighteenth century.

[Footnote 393: For all practical purposes the city of Berlin and the district of Hohenzollern form each a province. If they be counted, the total is fourteen.]

In the organization of the province the separation of functions relating to the affairs of the kingdom (_Staatsgeschafte_) from those which relate only to matters of a local nature is carried out rigidly.

In the circle, as will appear, the two sets of functions are discharged by the same body of officials; in the district, the functions performed are wholly of a national, rather than a local, character; but in the province there are not merely two sets of functions but two entirely separate groups of officials.

*288. Provincial Organs of the Central Administration.*--For the administration of affairs of general interest, such as police, education, and religion, the organs within the province are (1) the Oberprasident, or chief president, appointed by the king to represent the central government in the management of all such matters as concern the entire province or reach beyond the jurisdiction of a single Regierungsbezirk administration,[394] and (2) the Provinzialrath, a provincial council consisting of, besides the Oberprasident or his representative as presiding officer, one professional member appointed for an indefinite tenure by the Minister of the Interior and five ordinary citizen members elected, usually for a term of six years, by the provincial Ausschuss, or committee. The Oberprasident is the immediate agent of the ministry, as is the prefect in France, though he is a more dignified and important functionary than his French counterpart. None the less, by virtue of the fact that most of the Oberprasident's acts are valid only after having been accorded the a.s.sent of a body the majority of whose members are chosen within the province, the bureaucratic aspect of his position is subjected to a highly important limitation.

[Footnote 394: Schulze, Das Staatsrecht des Konigreichs Preussen, 63.]

*289. Provincial Organs of Self-Government.*--By the side of this official group stands another, quite independent of it, for the control of affairs of purely local concern. Its organs comprise: (1) the Provinzialausschuss, or provincial committee, consisting of from seven to fourteen members elected for six years by the provincial (p. 270) Landtag, not necessarily, but almost invariably, from its own membership; (2) a Landeshauptmann or Landesdirektor, a salaried executive official elected by the Landtag for six or twelve years and confirmed by the crown; and (3) the Provinziallandtag, or provincial a.s.sembly. The Landeshauptmann is the executive, the Provinzialausschuss the consultative, organ of local self-administration; the Provinziallandtag is the provincial legislature. Members of the Landtag are elected for six years (one-half retiring every three years) by the diets of the circles, and they comprise, as a rule, local administrative officials of the circles, large landowners, and other well-to-do persons. Sessions are convoked by the crown at least every two years.[395] The Landtag's functions are comprehensive. They include the supervision of charities, highways, and industry; the voting of local taxes and the apportionment of them among the circles; the enactment of local laws; the custody of provincial property; the election of the Landeshauptmann and the members of the provincial committee; and the giving of advice on provincial matters at the request of the central government. The Landtag is in practice less independent, however, than this enumeration of powers might seem to imply. All of its legislation requires the a.s.sent of the king; most of its fiscal arrangements must be submitted to one or more of the ministers; and the body itself may be dissolved at any time by the crown.

[Footnote 395: Towns of twenty-five thousand inhabitants or more may, by ministerial decree, be set off as separate circles. In such circles Landtag members are chosen by the munic.i.p.al officials.]

*290. The Government District.*--Each province is divided into a number of Regierungsbezirke, or districts, of which there are now thirty-five in the kingdom.[396] Unlike the province, the district exists for purposes of general administration only. It therefore has no organs of self-government. Its Regierung, or "administration," consists of a body of professional, salaried officials, appointed by the crown and having at its head the Regierungsprasident, who is, on the whole, the most important official in the Prussian local service. The subjects that fall within the jurisdiction of the functionaries of the district, including taxation, education, religion, forests, etc., are very comprehensive, and the work of administration is carried on chiefly through "colleges," or boards. For the management of police and the supervision of local bodies there exists a Bezirksausschuss, or district committee, composed of the Regierungsprasident, two (p. 271) other persons appointed by the crown, and four members elected by the Provinzialausschuss for six years. A very important function which this body has possessed since 1883 is that of sitting, under the presidency of one of its members appointed for his judicial qualifications, as the administrative court of the district.[397]

[Footnote 396: The province of Schleswig-Holstein, however, contains but a single district. The largest number of districts in a province is six, in Hanover.]

[Footnote 397: The immediate legal basis of the organization of the district is the Landesverwaltungsgesetz of 1883.]

*291. The Circle.*--In the Kreis, or circle, as in the province, there exist two sharply distinguished sets of governmental functions, the general and the local; but for the administration of both there is a single hierarchy of officials. The number of circles within the kingdom is about 490, with populations varying from 20,000 to 80,000.

Each includes all towns lying within it which have a population of less than 25,000. A town of over 25,000 is likely to be created, by ministerial order, a circle within itself, in which case the functions of government are exercised by the munic.i.p.al authorities.[398] The essential organs of government within the Landkreise, or country circles, are three: the Landrath, the Kreisausschuss, and the Kreistag. The Landrath is appointed for life by the crown, on nomination frequently by the Kreistag, or diet. He superintends all administrative affairs, general and local, within the circle; fulfills the functions of chief of police; presides over the Kreisausschuss and Kreistag; and, in general, occupies within the circle the place occupied within the province by the Oberprasident. a.s.sociated with him, and organized under his presidency, is the Kreisausschuss, or circle committee, composed of six unofficial members elected by the Kreistag for six years. In addition to its consultative functions, the Kreisausschuss sits as an administrative court of lowest grade.