Page:Masterpieces of German literature volume 10.djvu/259

 Mr. Richter has expressed the wish of limiting in several directions this constitutional independence of the chancellor. In the first place, in one direction where it is already limited and where he wishes to have it disappear entirely. This concerns his responsibility for those acts in our political life which the constitution assigns to the emperor in connection with the decisions of the Bundesrat and the Reichstag. There can be no doubt that these acts include also those which have to be performed, as the constitution says, in the name of the emperor; the submission, for instance, to the Reichstag of a resolve of the Bundesrat. Mr. Richter has correctly quoted an incident, mentioned in the North German Gazette, concerning the resolves on some collected cases of accidents, which I considered it incompatible with my responsibility to submit to you in the name of the emperor. I, therefore, did not do it. One may well ask: What has the constitutional law to say on this point? Was I justified in not acting? Was the emperor justified in not acting? Or was His Majesty the Emperor bound by the constitution to submit to you the resolve of the Bundesrat?

At the time when the constitution was being drawn I once discussed this point with an astute jurist, who had long been and still is with us in an important position—Mr. Pape. He said to me: "The emperor has no veto." I replied, "Constitutionally he has not, but suppose a measure is expected of him which he thinks he should not take, and against which his then chancellor warns him, saying: I cannot advocate it, and I shall not countersign it. Well, in this case is the emperor obliged to look for another chancellor, and to dismiss him who opposes the measure? Is he obliged to accept anyone as chancellor, suggested perhaps by the other party? Will he look for a second or third chancellor, both of whom may say: We cannot assume the responsibility for this bill by submitting it to the Reichstag?" Hereupon Mr. Pape replied: "You are right, the emperor possesses an indirect but actual veto."

I do not even go so far, for none of these cases are