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The rise of the Swiss republic: A history online

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Art. 17. In the cases mentioned in Articles 15 and 16,
every Canton is bound tc afford undisturbed passage for the
troops. The troops shall tamediately be placed under federal
command.



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368 THE RISE OF THE SWISS REPUBLIC.

Art, 1 8. • Every Swiss is bound to perform military
service.

Soldiers who lose their lives or suffer permanent injury to
their health, in consequence of federal service, are entitled
to aid from the Confederation for themselves or their families,
in case of need.

Each soldier shall receive without expense his first equip-
ment, clothing, and arms. The weapon remains in the hands
of the soldier, under conditions which shall be prescribed by
federal legislation.

The Confederation shall enact uniform provisions as to an
exemption tax.

Art. 19. The federal army is composed :

{a) Of the cantonal military corps.

{b) Of all Swiss who do not belong to such military corps,
but are nevertheless liable to itiilitary service.

The Confederation exercises control over the army and
the material of war provided by law.

In cases of danger, the Confederation has also the exclu-
sive and direct control of men not included in the federal
army, and of all other military resources of the Cantons.

The Cantons have authority over the military forces of their
territory, so far as this right is not limited by the Federal Con-
stitution or laws.

Art. 20. The laws, on the organization of the army, are
passed by the Confederation. The enforcement of military
laws in the Cantons is entrusted to the cantonal officials,
within limits which shall be fixed by federal legislation, and
under the supervision of the Confederation.

Military instruction of every kind pertains to the Confeder-
ation. The same applies to the arming of troops.

The furnishing and maintenance of clothing and equipment
is within the power of the Cantons ; but the Cantons shall be
credited with the expenses therefor, according to a regulation
to be established by federal legislation.

Art. 2 1. So far as military reasons do not prevent, bodies



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CONSTITUTION OF SWISS CONFEDERATION 369

of troops shall be formed out of the soldiers of the same
Cantons.

The composition of these bodies of troops^ the maintenance
of their effective strength, the appointment and promotion of
officers of these bodies of troops, belong to the Cantons, sub*
ject to general provisions which shall be established by the
Confederation.

Art. 22. On payment of a reasonable indemnity, the Con-
federation has the right to use or acquire drill-grounds and
buildings intended for military purposes, within the Cantons,
together with the appurtenances thereof.

The terms of the indemnity shall be settled by federal
legislation.

Art. 23. The Confederation may construct at its own
expense, or may aid by subsidies, public works which concern
Switzerland or a considerable part of the country.

For this purpose it may expropriate property, on payment of
a reasonable indemnity. Further enactments upon this matter
shall be made by federal legislation.

The Federal Assembly may forbid public works which
endanger the military interests of the Confederation.

Art. 24. The Confederation has the right of superintend-
ence over dike and forest police in the upper mountain regions.

It may cooperate in the straightening and embankment of
torrents as well as in the afforesting of the districts in which
they rise. It may prescribe the regulations necessary to
assure the maintenance of these works, and the preservation of
existing forests.

Art. 25. The Confederation has power to make legislative
enactments for the regulation of the right of fishing and hunt-
ing, particularly with a view to the preservation of the large
g^me in the mountains, as well as for the protection of birds
useful to agriculture and forestry.

Art. 26. Legislation upon the construction and operation
of railroads is in the province of the Confederation.

Art. 27. The Confederation has the right to establish.



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870 THE RISE OF THE SWISS REPUBLIC.

besides the existing Polytechnic School, a Federal University
and other institutions, of higher instruction or to subsidize
institutions of such nature.

The Cantons provide for primary instruction, which shall be
sufficient, and shall be placed exclusively under the direction
of the secular authority. It is compulsory and, in the public
schools, free.

The public schools shall be such that they may be fre-
quented by the adherents of all religious sects, without any
offence to their freedom of conscience or of belief;

The Confederation shall take the necessary measures against
such Cantons as shall not fulfill these duties.

Art. 28. The customs are in the province of the Confeder-
ation. It may levy export and import duties.

Art. 29^ The collection of the federal customs shall be
regulated according to the following principles :

1. Duties on imports :

(a) Materials necessary for the manufactures and agricul-
ture of the country shall be taxed as low as possible.
{b) It shall be the same with the necessities of life.
{c) Luxuries shall be subjected to the highest duties.
Unless there are imperative reasons to the contrary, these
principles shall be observed also in the conclusion of treaties of
commerce with foreign powers.

2. The duties on exports shall also be as low as possible.

3. The customs legislation shall include suitable provis-
ions for the continuance of commercial and market intercourse
across the frontier.

The above provisions do not prevent the Confederation
from making temporary exceptional provisions, under extraor-
dinary circumstances.

Art. 30. The proceeds of the customs belong to the
Confederation.

The indemnity ceases which hitherto has been paid to the
Cantons for the redemption of customs, for road and bridge
tolls, customs duties and other like dues.



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CONSTITUTION OF SWISS CONFEDERATION. 371

By exception, and on account of their international alpine
roads, the Cantons of Uri, Grisons, Ticino, and Valais receive
an annual indemnity, which, considering all the circumstances,
is fixed as follows :

Uri, 80,000 francs.
Grisons, 200,000 fnincs.
Ticino, 200,000 francs.
Valais, 50,000 francs.

The Cantons of Uri and Ticino shall receive in addition, for
clearing the snow from the Saint Gotthard road, an annual
indemnity of 40,000 francs, so long as that road shall not be
replaced by a railroad.

Art. 31. The freedom of trade and of industry is guaran-
teed throughout the whole extent of the Confederation.
The following subjects are excepted :

{a) The salt and gunpowder monopoly, the federal customs,
import duties on wines and other spirituous liquors, and other
taxes on consumption expressly permitted by the Confedera-
tion, according to Article 32.

(b) The manufacture and sale of alcohol, under Article
32 (ii). [Amendment of Dec. 22, 1885.]

{c) Drinking places, and the retail trade in spirituous
liquors ; but nevertheless the Cantons may by legislation sub-
ject the business of keeping drinking places, and the retail
trade in spirituous liquors, to such restrictions as are required
for the public welfare. [Amendment of Dec. 22, 1885.]

{d) Measures of sanitary police against epidemics and
cattle diseases.

{e) Provisions in regard to the exercise of trades and
manufactures, in regard to taxes imposed thereon, and in
regard to the police of the roads.

These provisions shall not contain anything contrary to the
principle of freedom of trade and manufacture.

Art. 32. The Cantons are authorized to collect the import
duties on wines and other spirituous liquors, provided in Arti-
cle 31 (a)y always under the following restrictions:



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372 THE RISE OF THE SWISS REPUBLIC.

(a) The collection of these import duties shall in no wise
impede transportation : commerce shall be obstructed as little
as possible and shall not be burdened with any other dues.

(6) If the articles imported for consumption are reex-
ported from the Canton, the duties paid on importation shall
be refunded, without further charges.

{c) Products of Swiss origin shall be less burdened than
those of foreign countries.

(d) The existing import duties on wines and other spirit-
uous liquors of Swiss origin shall not be increased by the
Cantons which already levy them. Such duties shall not be
established upon such articles by Cantons which do not at
present collect them.

(e) The laws and ordinances of the Cantons on the collec-
tion of import duties shall, before their going into effect, be
submitted to the federal government for approval, in order
that it may, if necessary, cause the enforcement of the preced-
ing provisions.

All the import duties now levied by the Cantons, as well as
the similar duties levied by the Communes, shall cease, with-
out indemnity, at the end of the year 1890.

Art. 32 (ii). [Amendment of Dec 22, 1885.]

The Confederation is authorized by legislation to make reg-
ulations for the manufacture and sale of alcohol. In this leg-
islation those products which are intended for exportation, or
which have been subjected to a process excluding them from
use as a beverage, shall be subjected to no tax. Distillation
of wine, fruit, and their by-products, of gentian root, juniper
berries, and similar products, is not subject to federal legisla-
tion as to manufacture or tax.

After the cessation of the import duties on spirituous
liquors, provided for in Article 32 of the Constitution, the
trade in liquors not distilled shall not be subjected by the Can-
tons to any special taxes or to other limitations than those
necessary for protection against adulterated or noxious bever-
ages. Nevertheless, the powers of the Cantons, defined in



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CONSTITUTION OF SWISS CONFEDERATION. 373

Article 31, are retained over the keeping of drinking places,
and the sale at retail of quantities less than two liters.

The net proceeds resulting from taxation on the sale of
alcohol belong to the Cantons in which the tax is levied.

The net proceeds to the Confederation from the internal
manufacture of alcohol, and the corresponding addition to the
duty on imported alcohol, are divided among all the Cantons,
in proportion to the actual population as ascertained from
time to time by the next preceding federal census. Out
of the receipts therefrom the Cantons must expend not less
than one tenth in combating drunkenness in its causes and
effects.

Art. 33. The Cantons may require proofs of competency
from those who desire to practice a liberal profession.

Provision shall be made by federal legislation by which
such persons may obtain certificates of competency which shall
be valid throughout the Confederation.

Art. 34, The Confederation has power to enact uniform
provisions as to the labor of children in factories, and as to
the duration of labor fixed for adults therein, and as to the
protection of workmen against the operation of unhealthy and
dangerous manufactures.

The transactions of emig^tion agents and of organizations
for insurance, not instituted by the State, are subject to fed-
eral supervision and legislation.

Art. 34 bis. [Amendment of Oct. 26, 1890.] The Con-
federation will by law establish invalid and accident insurance,
having regard for existing invalid funds. It may declare par-
ticipation obligatory for all, or for special classes of the
population.

Art. 35. The opening of gaming houses is forbidden.
Those which now exist shall be closed Dec. 31, 1877.

The concessions which may have been granted or renewed
since the beginning of the year 1871 are declared invalid.

The Confederation may also take necessary measures con-
cerning lotteries.



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374 THE RISE OF THE SWISS REPUBLIC.

Art. 36. The posts and telegraphs in all Switzerland are
controlled by the Confederation.

The proceeds of the posts and telegraphs belong to the
federal treasury.

The rates shall, for all parts of Switzerland, be fixed accord-
ing to the same principle and as fairly as possible.

Inviolable secrecy of letters and teleg^ms is guaranteed.

Art. 37. The Confederation exercises general oversight
over those roads and bridges in the maintenance of which it is
interested.

The sums due to the Cantons mentioned in Article 30,
on account of their international alpine roads, shall be retained
by the federal government if such roads are not kept by them
in suitable condition.

Art. 38. The Confederation exercises all the exclusive
rights pertaining to coinage.

It has the sole right of coining money.

It establishes the monetary system, and may enact provis-
ions, if necessary, for the rate of exchange of foreign coins.

Art. 39. The Confederation has the power to make by
law general provisions for the issue and redemption of bank
notes.

But it shall not create any monopoly for the issue of bank
notes, nor make such notes a legal tender.

Art. 40. The Confederation fixes the standard of weights
and measures.

The Cantons, under the supervision of the Confederation,
enforce the laws relating thereto.

Art. 41. The manufacture and the sale of gunpowder
throughout Switzerland pertains exclusively to the Coi^cdera-
tion.

Powders used for blasting and not suitable for shooting are
not included in the monopoly.

Art. 42. The expendituies of the Confederation are met
as follows :

{a) Out of the income from federal property.



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CONSTITUTION OF SWISS CONFEDERATION. 375

{b) Out of the proceeds of the federal customs .levied at
the Swiss frontier.

{c) Out of the proceeds of the posts and telegraphs.
{d) Out of the proceeds of the powder monopoly.
{e) Out of half of the gross receipts from the tax on mili-
tary exemptions levied by the Cantons.

(/) Out of the Contributions of the Cantons, which shall
be determined by federal legislation, with special reference to
their wealth and taxable resources.

Art. 43. Every citizen of a Canton is a Swiss citizen.

As such he may participate, in the place where he is domi-
ciled, in all federal elections and popular votes, after having
duly proven his qualification as a voter.

No person can exercise political rights in more than one
Canton.

The Swiss settled as a citizen outside his native Canton
enjoys, in the place where he is domiciled, all the rights of
the citizens of the Canton, including all the rights of the com-
munal citizen. Participation in municipal and corporate prop-
erty, and the right to vote upon purely municipal affairs, are
excepted from such rights, unless the Canton by legislation
has otherwise provided.

In cantonal and communal affairs, he gains the right to
vote after a residence of three months.

Cantonal laws relating to the right of Swiss citizens to set-
tle outside the Cantons in which they were born, and to vote
on communal questions, are submitted for the approval of the
Federal Council.

Art. 44. No Canton shall expel from its territory one of
its own citizens, nor deprive him of his rights, whether acquired
by birth or settlement. [Origine ou cti/.]

Federal legislation shall fix the conditions upon which for-
eigners may be naturalized, as well as those upon which a
Swiss may give up his citizenship in order to obtain naturaliz-
ation in a foreign country.

Art. 45. Every Swiss citizen has the right to settle any-



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376 THE RISE OF THE SWISS REPUBLIC.

where in Swiss territory, on condition of submitting a certifi-
cate of origin, or a similar document.

By exception, settlement may be refused to or withdrawn
from, those who, in consequence of a penal conviction, are not
•entitled to civil rights.

In addition, settlement may be withdrawn from those who
have been repeatedly punished for serious offenses, and also
from those who permanently come upon the charge of public
charity, and to whom their Commune or Canton of origin, as
the case may be, refuses sufficient succor, after they have been
officially asked to grant it.

In the Cantons where the poor are relieved in their place
of residence the permission to settle, if it relates to citizens of
the Canton, may be coupled with the condition that they shall
be able to work, and that they shall not, in their former domi-
cUe in the Canton of origin, have permanently become a charge
on public*charity.

Every expulsion on account of poverty must be approved by
the government of the Canton of domicile, and previously
announced to the government of the Canton of origin.

A Canton in which a Swiss establishes his domicile may
not require security, nor impose any special obligations for
such establishment. In like manner, the Communes cannot
require from Swiss domiciled in their territory other contribu-
tions than those which they require from their own subjects.

A federal law shall establish the maximum fee to be paid
the Chancery for a permit to settle.

Art. 46. Persons settled in Switzerland are, as a rule, sub-
jected to the jurisdiction and legislation of their domicile, in
all that pertains to their personal status and property rights.

The Confederation shall by law make the provisions neces-
sary for the application of this principle and for the prevention
of double taxation of a citizen.

Art. 47. A federal law shall establish the distinction
between settlement and temporary residence, and shall at the
same time make the regulations to which Swiss temporary resi-



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CONSTITUTION OF SWISS CONFEDERATION 377

dents shall be subjected as to their political rights and their
civil rights.

Art. 48. A federal law shall provide for the regulation of
the expenses of the illness and burial of indigent persons amen-
able to one Canton, who have fallen ill or died in another'
Canton.

Art. 49. Freedom of conscience and belief is inviolable.

No person can be constrained to take part in a religious
society, to attend religious instruction, to perform a religious
rite, or to incur penalties of any kind whatever on account of
religious opinion.

The person who exercises the parent's or guardian's author-
ity has the right, conformably to the principles above stated,
to regulate the religious education of children up to the age of
sixteen completed years.

The exercise of civil or political rights shall not be abridged
by any provisions or conditions whatever of an ecclesiastical or
religious kind.

No person shall, on account of a religious belief, release
himself from the accomplishment of a civil duty.

No person is bound to pay taxes of which the proceeds are
specially appropriated to the actual expenses of the worship
of a religfious body to which he does not belong. The details
of the carrying out of this principle are reserved for federal
legislation.

Art. 50. The free exercise of religious worship is guaran-
teed within the limits compatible with public order and good
morals.

The Cantons and the Confederation may take suitable
measures for the preservation of public order and of peace
between the members of different religious bodies, and also
against encroachments of ecclesiastical authorities upon the.
rights of citizens and of the State.

Contests in public and private law, which arise out of the
formation or the division of religious bodies, may be brought
by appeal before the competent federal authorities.



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378 THE RISE OF THE SWISS BEPUBLIC.

No bishopric shall be created upon Swiss territory without
the consent of the Confederation.

Art. 51. The order of the Jesuits, and the societies affili-
ated with them, shall not be received into any part of Switzer-
land ; and all action in church and school is forbidden to ita
members.

This prohibition may be extended also, by federal ordiaanee,
to other religious orders, the action of which is dangerous to
the state or disturbs the peace between sects.

Art. 52. The foundation of new convents or religious
orders, and the re-establishment of those which have been sup-
pressedy are forbidden.

Art. 53. The civil status and the keeping of records
thereof is subject to the civil authority. The Confederation
shall by law enact detailed provisions upon this subject.

The control of places of burial is subject to the civil author-
ity. It shall take care that every deceased person may be
decently interred.

Art. 54. The right of marriage is placed under the pro-
tection of the Confederation.

No limitation upon marriage shall be based upon sectarian
grounds, nor upon the poverty of either of the contractants, nor
on their conduct, nor on any other consideration of good order.

A marriage contracted in a Canton or in a foreign country,
conformably to the law which is there in force, shall be recog-
nized as valid throughout the Confederation.

By marriage the wife acquires the citizenship of her
husband.

Children bom before the marriage are made legitimate by
the subsequent marriage of their parents.

No tax upon admission or similar tax shall be levied upon
either party to a marriage.

Art. 55. The freedom of the press is guaranteed.

Nevertheless the Cantons by law enact the measures neces-
sary for the suppression of abuses. Such laws are submitted
for the approval of the Federal Council.



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CONSTITUTION OF SWISS CONFEDERATION. 379

The Confederation may enact penalties for the suppression
of press offenses directed against it or its authorities.

Art. 56. Citizens have the right of forming associations,
provided that there be in the purpose of such associations, or
in the means which they employ, nothing unlawful or danger-
ous to the state. The Cantons by law take the measures
necessary for the suppression of abuses.

Art. 57, The right of petition is guaranteed. •

Art. 58. No person shall be deprived of his constitu-
tional judge. Therefore no extraordinary tribunal shall be
established.

Ecclesiastical jurisdiction is abolished.

Art. 59. Suits for personal claims against a solvent
debtor having a domicile in Switzerland, must be brought
before the judge of his domicile ; in consequence, his property
outside the Canton in which he is domiciled may not be
attached in suits for personal claims.

Nevertheless, with reference to foreigners, the provisions of
international treaties shall not thereby be affected.

Imprisonment for debt is abolished.

Art. 60. All the Cantons are bound to treat the citizens of
the other confederated States like those of their own State in
legislation and in all judicial proceedings.

Art. 61. Civil judgments definitely pronounced in any
Canton may be executed anywhere in Switzerland.

Art. 62. The exit duty on property [traite foraine] is
abolished in the interior of Switzerland, as well as the right of
redemption [droit de retraif\ by citizens of one Canton against
those of other confederated States.

Art. 63. The exit duty on property is abolished as
respects foreign countries, provided reciprocity be observed.

Art. 64. The Confederation has power to make laws :

On legal competency.

On all legal questions relating to commerce and to trans-
actions affecting chattels (law of commercial obligations,
including commercial law and law of exchange).



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380 THE RISE OF THE SWISS REPUBLIC.

On literary and artistic copyright.

On the protection of new patterns and forms, and of inven-
tions which are represented in models and are capable of
industrial application. [Amendment of Dec. 20, 1887.]

On the legal collection of debts and on bankruptcy.

The administration of justice remains with the Cantons, save
as affected by the powers of the Federal Court.

Art. 65. No death penalty shall be pronounced for a polit-
ical crime. [Amendment of May i8th, 1879.]

Corporal punishment is abolished.

Art. 66. The Confederation by law fixes the limits within
which a Swiss citizen may be deprived of his political rights.

Art. 67. The Confederation by law provides for the extra-
dition of accused persons from one Canton to another ; never-
theless, extradition shall not be made obligatory for political
offenses and offenses of the press.

Art. 68. Measures are taken by federal law for the incor-
poration of persons without country (Heimathlosen), and for
the prevention of new cases of that nature.

Art. 69. Legislation concerning measures of sanitary police
against epidemic and cattle diseases, causing a common danger,
is included in the powers of the Confederation.

Art. 70. The Confederation has power to expel from its



Online LibraryWilliam Denison McCrackanThe rise of the Swiss republic: A history → online text (page 29 of 32)