the whole empire were to be considered by an imperial council in which should sit delegates from the provincial diets. This constitution lasted but four months; it was so worded as to justify the claim on the part of Hungary that the constitutional organization of 1848 had been restored, and these extreme claims caused the government to change its policy. The diploma of 1860 was practically superseded by the patent of February 26, 1861; this instrument preserved the national diets, but created a central legislature of two houses for the empire; this legislature or Reichsrat was to meet annually and was given extensive powers. If Hungarian delegates were present the Reichsrat was competent to consider matters common to all the countries of the empire; without the Hungarian members no matters relating to that kingdom were to be considered. This patent practically ignored the diversity of races, and the rights claimed by the several countries of the empire. Hungary and Venetia at once refused to send representatives to the imperial legislature; the Poles and Czechs soon followed their example. The constitution of 1861 proved a signal failure. The Emperor finally determined to recognize the principle of dualism and to reach an agreement with Hungary upon that basis. On September 20, 1865, he suspended the patent of 1861, and negotiations were immediately begun with Hungary which ended in the agreement of 1867. The changed relations with Hungary made necessary changes in the Austrian constitution; the fundamental laws of 1867 recast the Austrian government upon more liberal principles than had hitherto existed. Since that date important changes have been introduced with regard to the suffrage qualifications; the fundamental laws, as now in force, are given below. SELECT BIBLIOGRAPHY AUSTRIA. Die Staatsgrundgesetze. (7th ed., Vienna, 1900. Manz'sche Taschenausgabe der oesterreichischen Gesetze.) A collection of Austrian constitutional laws now in force; contains texts of the provincial constitutions. BERNATZIK, EDMUND. Die oesterreichischen Verfassungsgesetze. (Leip zig, 1906.) An excellent collection, containing the documents necessary for the study of Austrian constitutional history. GELLER, LEO. Oesterreichische Verwaltungsgesetze mit Erläuterungen aus der Rechtsprechung. (Vienna, 1884-97. 5 vols in 6.) Vol. I of this collection (in two parts, 2d ed., 1896) contains the constitutional laws and the important administrative laws. ULBRICH, J. Oesterreichisches Staatsrecht. (3d ed., Tübingen, 1904. Handbuch des oeffentlichen Rechts.) Ulbrich is the leading authority upon Austrian public law. He is also the author of a more extensive Lehrbuch des oesterreichischen Staatsrechts (Vienna, 1883), and of a brief treatise on administrative law, Grundzüge des oesterreichischen Verwaltungsrechtes (Prague, 1884). GUMPLOWICZ, LUDWIG. Das oesterreichische Staatsrecht. Ein Lehr- und Handbuch. (3d ed., Vienna, 1907.) A careful study of the constitutional law of Austria-Hungary. MISCHLER, ERNST UND ULBRICH, JOSEF. Oesterreichisches Staatswörterbuch. Handbuch des gesammten oesterreichischen oeffentlichen Rechtes. (Vienna, 1895-97. 2 vols in 3.) A useful dictionary of Austrian public law. A second edition is in course of publication. FUNDAMENTAL LAW CONCERNING THE (December 21, 1867) ARTICLE I. For all natives of the various kingdoms and countries represented in the Reichsrat there exists a common right of Austrian citizenship. The law shall determine under what conditions Austrian citizenship is gained, exercised, and lost. ART. 2. All citizens are equal before the law. ART. 3. Public offices shall be equally open to all citizens. The admission of foreigners to public office is dependent upon their acquisition of Austrian citizenship. ART. 4. The freedom of passage of persons and property, within the territory of the state, shall be subject to no restrictions. All citizens who live within a commune and pay therein a tax on real property, business, or income, shall have the right to vote for members of the communal assembly (Gemeinde vertretung) and shall be eligible to that body, under the same conditions as natives of the commune. Freedom of emigration is limited by the state only by the obligation to serve in the army. Taxes on emigration shall be levied only as a measure of retaliation. ART. 5. Property is inviolable. Forced expropriation shall take place only in the cases and according to the forms determined by law. ART. 6. Every citizen may dwell temporarily or establish his residence in any part of the territory of the state, acquire real property of any kind and freely dispose of the same, and may also engage in any form of business, under legal conditions. In the matter of mortmain the law may, for reasons of public policy, restrict the right of acquiring and of disposing of real property. ART. 7. Every relation of vassalage or dependence is forever abolished. Every burden or charge resting upon the title to real property is redeemable, and in future no land shall be burdened with an irredeemable charge. ART. 8. Liberty of person is guaranteed. The law of October 27, 1862 (Reichsgesetzblatt, No. 87), on the protection of individual liberty is hereby declared an integral part of the present fundamental law.1 Every arrest ordered or prolonged in violation of law imposes an obligation upon the state to indemnify the injured party. ART. 9. The domicile is inviolable. The law of October 27, 1862 (Reichsgesetzblatt, No. 88), for the protection of the domicile is hereby declared an integral part of this fundamental law.2 ART. IO. The secrecy of letters shall not be violated; the 'This law contains the provisions regarding arrest, hearing, and bail. 'This law regulates the issuance and execution of orders for the search of houses. seizure of letters, except in case of a legal arrest or search, shall take place only in time of war, or by virtue of a judicial order issued in conformity with the law. ART. II. The right of petition is free to everyone. Petitions under a collective name should emanate only from legally recognized corporations or associations. ART. 12. Austrian citizens shall have the right to assemble together, and to form associations. The exercise of these rights is regulated by special laws. ART. 13. Everyone shall have the right, within legal limits, freely to express his thoughts orally, in writing, through the press, or by pictorial representation. The press shall not be placed under censorship, nor restrained by the system of licenses. Administrative prohibitions of the use of the mail are not applicable to matter printed within the country. ART. 14. Full freedom of religion and of conscience is guaranteed to all. The enjoyment of civil and political rights is independent of religious belief; however, religious belief shall in no way interfere with the performance of civil duties. No one shall be forced to perform any religious rite or to participate in any religious ceremony, except in so far as he is subject to another who has legal authority in this matter. ART. 15. Every legally recognized church and religious society has the right publicly to exercise its religious worship; it regulates and administers its internal affairs independently, remains in possession and enjoyment of its establishments, institutions, and property held for religious, educational, and charitable purposes; but is subject, as other societies, to the general laws of the state. ART. 16. Adherents of a religious confession not legally recognized are permitted to worship privately, in so far as their religious services are not illegal or contrary to public morals. ART. 17. Science and its teaching shall be free. Every citizen, whose capacity has been established in conformity with law, shall have the right to establish institutions of instruction and education, and to give instruction therein. Private instruction shall be subject to no such restriction. Religious instruction in the schools shall be left to the church or religious society to which the school is attached. The state shall have the right of superior direction and superintendence over the entire system of education and instruction. ART. 18. Everyone shall be free to choose his occupation and to prepare himself for it in such place and in such manner as he may wish. ART. 19. All the races of the state shall have equal rights, and each race shall have the inviolable right of maintaining and cultivating its nationality and language. The state recognizes the equality of the various languages in the schools, public offices, and in public life. In the countries populated by several races, the institutions of public instruction shall be so organized that each race may receive the necessary instruction in its own language, without being obliged to learn a second language. ART. 20. A special law shall determine the right of the responsible governing power to suspend temporarily and in certain places the rights mentioned in Arts. 8, 9, 10, 12, and 13. LAW ALTERING THE FUNDAMENTAL LAW OF FEBRUARY 26, 1861, CONCERNING IMPERIAL REPRESENTATION (December 21, 1867) SECTION I. The Reichsrat is the common representative body of the kingdoms of Bohemia, Dalmatia, Galicia and Lodomeria with the Grand Duchy of Cracow, of the Archduchies of Lower and Upper Austria, of the Duchies of Salzburg, Styria, Carinthia, Carniola, and Bukowina, of the |