Germany and the Germans from an American Point of ViewCollier, Price
History
Germany and the Germans from an American Point of View
Collier, Price
Germany; National characteristics, German
In addition there is the Kreis, or Circle, of which there are some
490, with populations varying from 20,000 to 801,000. These circles
are, for all practical purposes, governed by the Landrath, who is
appointed for life by the crown, and who is so fully recognized as the
agent of the central government and not as the servant of the locality
in which he rules, that on one occasion several Landraethe were
summarily dismissed for voting against the government and in
conformity to the wishes of the inhabitants of the circle in which
they lived! Though the Landrath is nominated by the circle assembly
for appointment by the crown, he can be dismissed by his superiors of
the central hierarchy. As his promotion, and his career in fact, is
dependent upon these superiors, he naturally sides with the central
government in all cases of dispute or friction.
Further, and this is important, all officials in Germany are legally
privileged persons. All disputes between individuals and public
authorities in Germany are decided by tribunals quite distinct from
the ordinary courts. These courts are specially constituted, and they
aim at protecting the officials from any personal responsibility for
acts done by them in their official capacity.
In America, and I presume in Great Britain also, any disputes between
public authorities and private individuals are settled in the ordinary
courts of justice, under the rules of the ordinary law of the land.
This super-common-law position of the Prussian official is a fatal
incentive to the aggravating exaggeration of his importance, and to
the indifference of his behavior to the private citizen. There may be
officials who are uninfluenced by this sheltered position, indeed I
know personally many who are, but there is equally no doubt that many
succumb to arrogance and lethargy as a consequence.
How thoroughly Prussia is covered by a network of officialdom, is
further discovered when it is known, that the entire area of Prussia
is some twenty thousand square miles less than that of the State of
California. The whole Prussian doctrine of local self-government, too,
is entirely different from ours. Their idea is that self-government is
the performance by locally elected bodies of the will of the state,
not necessarily of the locality which elects them. Local authorities,
whether elected or not, are supposed to be primarily the agents of the
state, and only secondarily the agents of the particular locality they
serve. In Prussia, all provincial and circle assemblies and communal
councils, may be dissolved by royal decree, hence even these elected
assemblies may only serve their constituencies at the will and
pleasure of the central authority.
Public-domain text, read in full here on John Shaqi.
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