Page:EB1922 - Volume 30.djvu/461

Rh

and endeavoured to act as private organizations without any connexion with regular military bodies. The idea of the Einwohnerwehren rapidly took a firm hold, especially among the non-Socialist (biirgerliclt) section of the population, so that these bands of volunteers developed into a powerful and well- armed volunteer organization. The Kapp Putsch which had resulted in a change of Government in the Reich, also pro- duced certain effects in Bavaria. Although the movement did not secure any open adherents there, it brought about a domestic crisis in the course of which the Socialist ministers left the Cabinet. A Provincial Government president, von Kahr, was elected president of the Ministry, and the members of the Cabinet were taken from the adherents of the Bavarian (Cath- olic) People's party, the Democrats and the Liberal Farmers' League (Bauernbund). The elections for the Diet, which took place simultaneously with those for the Reichstag on June 6

1920, exhibited a natural reaction after the hardships which the country had had to suffer from the excesses of the extremist groups during the 18 months following upon the revolution; there was a great increase in the strength of the non-Socialist (burgerlich) parties. Only 27 Social Democrats, 22 members of the Independent Socialist party and two Communists were elected, while on the other hand 108 members of the non- Socialist parties were returned. Among the latter the Demo- crats had, however, lost many seats to the German Nation- alists (the old Conservatives) and to the German People's party (the old National Liberals). Herr von Kahr was again entrusted with the formation of a Cabinet; he selected one Farmers' Leaguer, one German Nationalist (Conservative) and one Democrat, and filled the other ministerial posts with members of the Bavarian People's party and with officials who were in sympathy with that party. He received powerful support from a party organization in the country which was the rival of the Farmers' League, the Catholic Peasants' Union (Bauernverein), at the head of which was the gifted and popular Dr. Heim, who has been called " the uncrowned King of Ba- varia." On the whole the country remained free from domestic disturbances. On the other hand the necessity of disarming and disbanding the Einwohnerwehren in accordance with the Treaty of Versailles led to protracted and difficult negotiations with the Government of the Reich and to an exceedingly critical situation for the Kahr Ministry in Bavaria itself, as that Ministry had made the maintenance of the Einwohnerwehren one of the principal planks in its platform.

In consequence of the ultimatum of the Allied Powers the situation with regard to the disarmament of the Einwohner- wehren became acute as between the Reich and Bavaria in May

1921. Direct diplomatic representations were made to the Bavarian Government; for France, in spite of a provision in the new constitution of the Reich (Art. 78), had accredited a minister to Bavaria, while Great Britain had ultimately sent a diplomatic consul. Herr von Kahr was finally constrained to announce that in agreement with the leaders of the Einwoh- nerwehr the Bavarian Government were prepared to make the sacrifice of disarmament. The Government had previously been vigorously pressed in this sense by the Opposition and in particular by the Independent Socialists. Their leader, Gareis, an able young man in his thirty-second year, was assassinated, doubtless by the hand of a reactionary, on his way home from a meeting on the evening of June 9 1921, an event which once more threatened to arouse the insurrectionary fury of the industrial masses.

Altogether the position of Bavaria within the Reich remained in many respects a source of perplexity in 1921. Much would depend upon the degree of success with which the Central Government (of the Reich) in Berlin might be able to grapple with problems of home, and more especially of foreign policy in carrying out the provisions of the Treaty of Versailles.

(O. S.)

The New Constitution. During the night between Nov. 7 and Nov. 8 1918, before the imperial regime had been over- thrown in Berlin (Nov. 9), the revolution broke out at Munich.

The House of Wittelsbach was expelled. The Independent Social- ist, Kurt Eisner, one of the most remarkable personalities of the revolution, put himself at the head of the revolutionary Government. It was contemplated that a newly elected Diet (Landtag) should provide the new republic of Bavaria with a basis of legality by means of a constitution. The electoral regulations issued with this object on Dec. 9 1918 conferred the franchise upon all Bavarians, without distinction of sex, who had reached their twentieth year. In order, however, to safeguard the results of the revolution Eisner's Government promulgated before the elections for the Diet a provisional fundamental law of the State for the " Socialist Republic of Bavaria," and this fundamental law provided for the establish- ment of parliamentary Government. The Diet was to have met on Feb. 21 1919. On that day Eisner was assassinated; the disorders which followed prevented the Diet from taking in hand at once the preparation of the definitive constitution. What the -Diet adopted in the first instance was once more a provisional " Fundamental Law of the State," which cor- responded in essentials with the first provisional law and came into force on April 2 1919. Thereafter the fresh revolution of the Communists, which had been threatening since the assassina- tion of Eisner, broke out. Under the leadership of Russian Bol- sheviks, the " Councils Republic " of Bavaria was set up. By May i the domination of the Communists was again at art end. The Diet could reassemble, though, at first, not in Munich. On May 28 1919, the draft of the text of a constitution for the " Free State of Bavaria " was submitted to the Diet by the Hoffmann Ministry. After detailed consideration the Consti- tution was voted and came into force on Aug. 14 1919.

The constitution starts from the assumption that Bavaria con- tinues to be a state within the German Reich, although it has had to cede a great part of its former rights to the Reich. This conception was still more strongly emphasized in Eisner's provisional " Funda- mental Law of the State " than in the constitution which was finally adopted ; for Eisner's fundamental law was headed by the declara- tion, " Bavaria is a member of the United States of Germany (the German Reich)." Eisner indeed vigorously defended the conception of federalism in opposition to the view that Germany had by the revolution become a single, united state (Einheitsstaai). On the publication of the first draft of the constitution of the Reich, which was essentially unitarist, Eisner brought about a conference of representatives of the German states, at which the South German states succeeded in securing the institution of a permanent " Com- mittee of the States." This committee or delegation cooperated in the legislation which followed, particularly in the preparation of the new constitution of the Reich. The Reichsrat, the federative organ of the Reich, originated in this committee. It is true that Bavaria, notwithstanding its resistance, had not only to give up its " Reserved Rights," 1 but also to acquiesce in considerable limita- tions of its independence. It had to cede to the Reich the control of foreign policy, of the army and of communications, in particular the railways; it may not maintain in foreign countries either legations or consulates of its own. It has also been subjected to considerable restrictions in its economic policy by the Reich, as economic legisla- tion falls within the competence of the latter, while the finance legislation of the Reich has appropriated almost all the sources of taxation. All the greater were the efforts made in the Bavarian constitution to give effect in its provisions to the residue of sover- eignty which has been left to the territories (the Free States) in the Reich. It goes so far in this regard that some of its provisions can scarcely be brought into harmony with the constitution of the Reich. The form of the State is prescribed for the territories by the constitution of the Reich.

Bavaria accordingly is, like the Reich, a " Free State " (re- public). The powers of the State (sovereignty) proceed from the people. It is in the Parliament, the Diet (Landtag), that the powers of the State are actually vested. Bavaria is thus, like the Reich, a " representative democracy," but it is a democracy without " the separation of the powers"; for it does not possess an organ for the executive with rights equal to those of the Diet a president. The ministry is appointed by the Diet and is answerable to it ; a minister must at once resign when the Diet expresses its want of confidence in him. The rights of the Diet are, however, limited by the fact that it is left open to the people itself to exercise the powers of the State directly. This may take place if, by a " demand of the people " (the initiative), the popular decision (Volksentscheidung) regarding a law or regarding the dissolution of the Diet is brought into action. In order to bring about a decision of this character, a formal pro-

1 Reservatrechte, which were secured for it under the constitution of the Hohenzollern Empire.