bodies of both parts of the empire (Reichsrat and Hungarian Diet) to approve such treaties, in so far as such approval is required by the constitution.

b) Military and naval affairs; excluding the voting of contingents and legislation concerning the manner of performing military service, the provisions relative to the local disposition and maintenance of the army, the civil relations of persons belonging to the army, and their rights and duties in matters not pertaining to the military service.

c) The finances, with reference to matters of common expense, especially the establishment of the budget and the examination of accounts.

SEC. 2. Besides these, the following affairs shall not indeed be administered in common, but shall be regulated upon uniform principles to be agreed upon from time to time:

1) Commercial affairs, especially customs legislation. 2) Legislation concerning indirect taxes which stand in close relation to industrial production.

3) The establishment of a monetary system and monetary

standards.

4) Regulations concerning railway lines which affect the interests of both parts of the empire.

5) The establishment of a system of defense.

SEC. 3. The expenses of affairs common to both Austria and Hungary shall be borne by the two parts of the empire in a proportion to be fixed from time to time by an agreement between the two legislative bodies (Reichsrat and Diet), approved by the Emperor. If an agreement cannot be reached between the two representative bodies, the proportion shall be fixed by the Emperor, but for the term of one year only. The method of defraying its quota of the common expense shall belong exclusively to each of the parts of the empire.2

2

By sec. 36 of this law agreement regarding the distribution of the expense of affairs administered in common, is reached by means of deputations from the Austrian Reichsrat and the Hungarian Diet. Each deputation

Nevertheless, joint loans may be made for affairs of common interest; in such a case all that relates to the negotiation of the loan, as well as the method of employing and repaying it, shall be determined in common.

The decision as to whether a joint loan shall be made is reserved for legislation by each of the two parts of the empire.

SEC. 4. The contribution toward the expense of the present public debt shall be determined by an agreement between the two parts of the empire.3

SEC. 5. The administration of common affairs shall be conducted by a joint responsible ministry, which is forbidden to direct at the same time the administration of the joint affairs and those of either part of the empire.

The regulation of the management, conduct, and internal organization of the joint army shall belong exclusively to the Emperor.

SEC. 6. The legislative power belonging to the legislative bodies of each of the two parts of the empire (Reichsrat and Hungarian Diet) shall be exercised by them, in so far as it relates to joint affairs, by means of Delegations.

SEC. 7. The Delegation from the Reichsrat shall consist of sixty members, of whom one-third shall be taken from the

is composed of fifteen members. By a law of December 24, 1867, the ratio was fixed for ten years as 70 per cent. for Austria and 30 per cent. for Hungary. New ten-year agreements were made by laws of June 27, 1878, and May 21, 1887. No new agreement has been made since 1897, and the quota of the two parts of the monarchy has been annually fixed by the Emperor as 661 per cent. for Austria and 33 per cent. for Hungary. A new agreement, signed on October 8, 1907, and approved by the Hungarian Diet and Austrian Reichsrat, fixes Hungary's quota of common expenses as 36.4 per cent.

3

By a law of December 24, 1867, Hungary made a permanent agreement to pay 29,188,000 florins annually toward the interest of the public debt; this was in 1867 nearly 24 per cent. of the total joint debt and 30 per cent. of the interest after the deduction of 25,000,000 florins of the debt, for which Hungary refused to assume any responsibility.

House of Lords and two-thirds from the House of Representatives.4

SEC. 8. The House of Lords shall choose its twenty members of the Delegation from among its own members by a majority vote.

The forty members to be chosen by the House of Representatives shall be so elected that the deputies from each provincial Diet may elect, in conformity with the following apportionment, a certain number of delegates, who may be chosen from among themselves or from the House at large.

By majority vote the deputies from the Kingdom of Bohemia shall elect 10; the Kingdom of Dalmatia, 1; the Kingdom of Galicia and Lodomeria, with the Grand Duchy of Cracow, 7; the Archduchy of Lower Austria, 3; the Archduchy of Upper Austria, 2; the Duchy of Salzburg, I; the Duchy of Styria, 2; the Duchy of Carinthia, I; the Duchy of Carniola, I; the Duchy of Bukowina, 1; the Margravate of Moravia, 4; the Duchy of Upper and Lower Silesia, 1; the Princely County of Tyrol, 2; the Territory of Vorarlberg, 1; the Margravate of Istria, 1; the Princely County of Goerz and Gradiska, I; the city of Triest with its territory, I.

SEC. 9. In the same way each house of the Reichsrat shall elect substitutes of delegates, of whom ten shall be chosen by the House of Lords and twenty by the House of Representatives.

The number of substitutes to be chosen by the House of Representatives shall be so apportioned that there shall be one substitute for every one to three delegates, and two substitutes for every four or more delegates. The election of each substitute shall take place separately.

SEC. 10. Delegates and their substitutes shall be elected annually by the two houses of the Reichsrat.

By Hungarian Law 30 of 1868 five members of the Hungarian Delegation must be chosen from among the Croatian members of the Hungarian Diet, four from the House of Representatives, and one from the Table of Magnates. The Hungarian Delegation is also composed of sixty members.

The delegates and substitutes shall retain their functions until the new election.

Members of the Delegation are eligible for re-election. SEC. II. The Delegations shall be convened annually by the Emperor, who shall determine the place of their meeting. SEC. 12. The Delegation from the Reichsrat shall elect a president and vice-president from among its own members, and choose also its secretary and other officers.

SEC. 13. The powers of the Delegations shall extend to all matters concerning common affairs.

All other matters shall be beyond their power.

SEC. 14.

The projects of the government shall be submitted by the joint ministry to each of the Delegations separately.

Each Delegation shall also have the right to submit projects concerning affairs which are within its competence.

SEC. 15. For the passage of a law concerning matters within the power of the Delegations the agreement of both Delegations shall be necessary, or in default of such agreement, a vote of the full assembly of the two Delegations sitting together; in either case the approval of the Emperor shall be necessary.

SEC. 16. The right to hold the joint ministry to its responsibility shall be exercised by the Delegations.

In case of the violation of a constitutional law in force regarding common affairs, either of the Delegations may present charges to the other against the joint ministry or against any one of its members.

The impeachment shall be legally effective when resolved upon separately by each of the Delegations, or in a joint meeting of the two.

SEC. 17. Each Delegation shall propose, from among the independent and legally trained citizens of the country which it represents, but not from among its own members, twentyfour judges, of whom twelve may be rejected by the other

Delegation. The accused, or all of them when there are several, shall have the right to reject twelve of those named by the two Delegations, but only in such a manner that an equal number of judges be rejected from the lists proposed by each Delegation.

The remaining judges shall form a court for the trial of the impeachment.

SEC. 18. A special law on the responsibility of the joint ministry shall regulate the details concerning the impeachment, the procedure of trial, and the judgment.

SEC. 19. Each Delegation shall act, deliberate, and vote in separate session. Sec. 31 indicates an exception to this rule. SEC. 20. The decisions of the Delegation of the Reichsrat shall require for their validity the presence of not less than thirty members besides the president, and every decision shall require the vote of a majority of those present.

SEC. 21. The delegates and substitutes from the Reichsrat shall receive no instructions from their electors.

SEC. 22. The delegates from the Reichsrat shall personally exercise their right to vote; sec. 25 determines when a substitute shall take the place of a delegate.

SEC. 23. The delegates from the Reichsrat shall enjoy in that capacity the same immunity which they have as members of the Reichsrat by virtue of sec. 16 of the fundamental law concerning the representation of the empire.

If the Reichsrat is not in session, the above-mentioned rights shall be enforced by the Delegation itself with respect to its members.

SEC. 24. One who ceases to be a member of the Reichsrat shall cease at the same time to be a member of the Delegation. SEC. 25. If a vacancy occurs in the Delegation or among the substitutes a new election shall be held.

If the Reichsrat is not in session the substitute shall take the place of the retiring delegate.

SEC. 26. When the House of Representatives is dissolved