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side their native Canton. In 1891 a law was enacted by which domicile is defined and stated in which cases the law of the Canton of origin or the law of the Canton of actual domicile must be applied. This legislation will lose most of its importance when, in 1912, the Federal civil code will be put into force.

c. Prohibition of double taxation. The prescription concerning the equal treatment of all Swiss citizens excludes differential treatment in taxation, but does not make unlawful that the same value might be taxed twice under two different cantonal legislations. Such double imposition, however, is prohibited by the Constitution, which provides for Federal legislation on this subject. But the two Houses of the Federal Parliament never came to an understanding on the bills introduced. Nevertheless, the constitutional prohibition is applied by the Federal Court and the numberless and elaborate decisions of this court offer a complete system of law relating to double imposition and make a special enactment now superfluous. The prohibition relates only to intercantonal double imposition; not to international and intercommunal conflicts of taxation. These disputes are in principle classed as interstate disputes on public law; however, not the Cantons concerned, but the taxpayer appears in these cases as plaintiff before the Federal Court. Before 1874 the Constitution did not make any provisions about this matter; nevertheless the Federal Council (then competent) decided such cases because they were rightly considered as conflicts between the powers of the states. The prohibition relates only to direct taxation, not to police taxes, taxes on objects of luxury, stamp duties, etc. Taxes on personal property and income, including mortgages, are levied by the Canton of actual domicile; taxes on real property, by the Canton where the estates are situated; income from business, in the Canton where the concern is domiciled.

d. Right of settlement. - Citizenship in Switzerland differs considerably from the law of citizenship in most other countries. It is a cantonal institution, not a Federal one. The Swiss nationality is only a necessary consequence of cantonal citizenship, and this latter is subject to the acquisition of the hereditary membership in a commune of the Canton. This membership, which is acquired by birth

or admission, entitles to unconditional right to take domicile in the commune and to public aid in case of poverty, and in some places to considerable economic advantages derived from the common property of the community. In consequence of these circumstances there are in all communes three classes of inhabitants besides the foreigners-members of the community, other citizens of the Canton being members of other communities, and citizens of other Cantons. Only the first class is in possession of all possible rights: the second class is excluded only from the special rights connected with communal membership, because they enjoy these rights in the community where they are members. The third class can not claim more rights than the Federal Constitution prescribes as a minimum.

Every Swiss, whatever his citizenship may be, has the right to settle in any commune in Switzerland on the only condition of submitting a certificate of citizenship. Settlement can be refused or withdrawn from those who, in consequence of penal conviction, are deprived of their civil rights. Settlement may also be withdrawn (but not refused beforehand) from those who have been repeatedly punished for serious offenses or who permanently come upon the charge of public charity, if the commune or the Canton of origin refuse to grant sufficient relief to the Canton or commune of domicile. Expulsion on account of poverty by the commune of domicile must be approved by the cantonal government and notified to the government of the Canton to which the expelled pauper belongs. Special provisions are in favor of indigent persons who fall ill or die outside their Canton of origin. The constitutional prescriptions relate only to persons who have settled in a commune; not to temporary residents. As heretofore the two Houses of the Federal Assembly could not agree upon bills regulating this matter, the legislation on temporary residents is still within the powers of the Cantons, considerably limited indeed by the general prescriptions of the Constitution. There exist some concordats concerning the police of nonresident people.

The Cantons and communes of domicile can not require from the settlers securities or levy on them special or higher taxes than from their own citizens and members. Cantonal laws and regulations relating to settlement and the right of vote in communal affairs must

be submitted for approval to the Federal Council. The maximum of chancery taxes to be paid by the settlers is prescribed by Federal law.

Swiss citizens who have settled outside their Canton or commune of origin are admitted to the exercise of political rights on the following conditions, which represent the minimum of rights to be granted by the Cantons: In Federal elections and plebiscites the settler is entitled to vote as soon as he has submitted his certificate of origin. In cantonal and communal affairs he enjoys, after three months of residence, the same rights as the citizens of the Canton with the exception of participation in property of the community of communal citizens or other corporations and the right of vote in matters relating especially to the community of communal citizens (administration of the estates of the community, admission of new communal citizens, etc.).

e. Freedom of trade and industry. The freedom of trade and industry, which is in close relation with the right of settlement, is guaranteed by the Federal Constitution without reference to interstate conditions. Among the restrictions to which this liberty is subjected there is one of intercantonal bearing. The Cantons may require proofs of competency from those who desire to exercise liberal professions. Federal legislation provided only for certain professions, such as physicians' and surgeons' uniform Federal examinations and certificates. In other professions the Cantons may make regulations as they think fit. It is recognized not to be contrary to the Constitution if for certain professions other than liberal certificates of competency are required, e. g., for surveyors, midwives, etc. There exist some concordats and reciprocity agreements on such subjects. The concordat for the admission of reformed ministers in the state churches extends the liberty of exercising a profession to a class of state officers.

f. Civil justice. - Before civil law had been codified by Federal legislation the Cantons could agree upon uniform rules on private law. They did that only to a very limited extent. Intercantonal collisions of statutes, formerly the object of different concordats, are now settled by Federal legislation.

As for the law of procedure in civil cases the Federal Constitution

contains some very important provisions. Legislation on the organi zation of courts of justice and their procedure is, as far as Federal justice is not concerned, left to the Cantons. This power was expressly reserved when by the constitutional amendment of 1898 the Confederation was given the unrestricted power of legislation in civil and criminal law. The difficulties which might flow from the independence of Cantons as to courts and proceedings are in the main made impossible by two prescriptions of the Constitution the principle of forum domicilii and the execution of all definitely pronounced civil judgments in each Canton.

The right of the solvent debtor, who has a domicile in Switzerland, of being sued for personal claims before the judge of his domicile is one of the most ancient rules of Swiss law and was recognized already in the league of 1291 and more distinctly in the interstate treaty of 1370 (priest charter). The forum domicilii is prescribed by Federal law only for personal claims relating to private law. For claims concerning real estate there is no Federal rule, but it is recognized that in such cases the judge of the res sita is competent. For cases concerning the personal status, family, and succession law the Federal law on the civil relations of people domiciled outside the Canton of origin has made no special provision.

In consequence of the principle of forum domicilii the property of a sued debtor situated outside the Canton of domicile can not be attached for personal claims. If the judge of the domicile has given his sentence, the sentence is to be executed also in any other Canton, but real estate creates no domicile for claims not relating to that estate. Seizure of property in order to secure the execution of legally pronounced sentences is regulated by the Federal law on bankruptcy and legal collection of debts.

The right of forum domicilii is of an exclusively intestate character and does not apply to the interior judicial organization of Cantons.

The second important prescription of the Constitution, which relates to civil proceedings, is as follows: Civil judgments definitely pronounced in any Canton may be executed anywhere in Switzerland. The rule covers only civil judgments not those of a public character as, f. i., decrees of taxation. The Constitution does

not forbid that the Cantons by agreements of reciprocity or concordats establish rules securing the execution of judgments on more favorable conditions and a more extensive basis. The Constitution prescribes only the minimum. Federal law does not regulate the form in which execution is requested and granted. For want of Federal and interstate conventional rules the general rules of international law are applied.

A concordat relating to civil proceedings has been recently concluded in order to exempt Swiss plaintiffs, having no domicile in the Canton where they sue the defendant, from being compelled to give a cautio judicatum solvi, if such security is not required from the inhabitants.

g. Criminal justice. - Extradition of fugitive criminals has always been granted between Swiss Cantons and formed a part of the common law of the old leagues. The Mediation Constitution pronounced formally the principle which was since 1809 developed in different concordats. The concordat of 1809 is still in force in a very limited degree. The Federal law on extradition, which was enacted in 1852 and revised in 1867 and 1872, has superseded almost entirely the law of the concordats. Federal law is incomplete and makes extradition obligatory only for enumerated cases. Extradition can not be made compulsory by Federal legislation for political crimes and crimes committed by means of the printing

press.

A Canton is not obliged to deliver to another Canton its own inhabitants (not only citizens) on the condition of punishing them by its own courts.

The prescriptions of Federal law contain only the minimum; the Cantons are free to grant extradition also in other cases and so they do, mostly on the basis of reciprocity agreements. Therefore, the incompleteness of the Federal law does not cause serious disadvantages. By concordats extradition has been extended to police cases and even execution has been secured by a particular concordai. The Federal law on extradition makes also provisions for the cooperation of the criminal authorities of different Cantons. They are obliged to make, at the request of officers of another Canton, investigations and hear witnesses.

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