Chapter XX: Preface: To the Seventh Volume (19)

"Every railroad, car or express company is required to receive
and transport without delay or discrimination each other’s
cars, loaded or empty, and passengers under such regulations
as shall be prescribed by law or any commission created for
that purpose. All oil-pipe companies are made subject to the
reasonable control and regulation of the corporation
commission, to which telephone and telegraph lines are also
subject in the same manner. No public-service corporation may
consolidate with any other like corporation having under its
control a parallel or competing line except by enactment of
the legislature upon the recommendation of the corporation
commission. The legislature, however, shall never enact any
law permitting any public-service corporation to consolidate
with any other public-service corporation organized under the
laws of any other state or of the United States owning or
controlling a parallel or competing line in the state. The
giving of passes by railroad or transportation companies is
forbidden except in the case of employés and other specified
persons.

"A corporation commission is created, to be composed of three
persons, elected by the people for terms of six years. The
commission shall have power to supervise and control all
transportation and transmission companies in the state in all
matters relating to the performance of their public duties and
their charges therefor and of correcting abuses and preventing
unjust discrimination and extortion by such companies; and to
that end the commission shall from time to time prescribe and
enforce such rates, charges, classification of charges and
rules and regulations and shall require the companies to
establish and maintain until amended all such public service,
facilities and conveniences as may be reasonable and just.

"Railroads, other than street or electric roads, are forbidden
to charge more than 2 cents a mile for the transportation of
passengers. The corporation commission may, however exempt
those roads which submit proof that they cannot earn a just
compensation for the services rendered by them to the public
if not permitted to charge more than 2 cents a mile.

"No corporation may issue stock except for money, labor done
or property actually received to the amount of the par value
thereof and all fictitious increase of stock or indebtedness
shall be void.

"No corporation doing business in the state may be permitted
to influence elections or official duty by contributions of
money or anything of value.

"Every license issued or charter granted to a mining or public
service corporation, foreign or domestic, must contain a
stipulation that such corporation will submit any difference
it may have with employés in reference to labor to
arbitration.

"The selling by firms or corporations of commodities at a
lower rate in one locality than in another for the purpose of
creating a monopoly or for destroying competition is
prohibited.

"Municipal corporations may not be created by special but by
general laws, and every corporation now existing shall
continue with its present rights and powers until otherwise
provided by law. The powers of the initiative and referendum
are reserved to the people of every municipal corporation. No
municipal corporation may ever grant, extend or renew a
franchise without the approval of a majority of the qualified
electors residing within its limits, and no franchise may be
granted, extended or renewed for more than twenty-five years.

Women are qualified to vote at school-district elections only.

{154}

----------CONSTITUTION OF PERSIA: Start--------

A Constitution for Persia was signed by the Shah,
Muzaffer-ed-Deen, December 30, 1906, of which the following
is, in part, the text:

In the name of God the all Merciful! Whereas by our Firman of
the 5th August, 1906, we commanded the constitution of a
National Assembly [Medjliss] for the progress and welfare of
the State and nation, the strengthening of the foundations of
the kingdom, and the carrying out of the laws of Islam; and
whereas, in accordance with the clause by which it is provided
that, as each individual member of the State has a right to
take part in the superintendence and decision of public
affairs, we therefore have permitted the election and
appointment of Deputies on behalf of the nation; and whereas
the National Assembly has been opened through our gracious
benevolence, we have decreed the following Articles of
constitutional Regulations for the National Assembly,
including the duties and business of the Assembly and its
limitations and relations toward Government Departments:

THE INSTITUTION OF THE ASSEMBLY.

[Articles 1-14 declare the National Assembly to be "composed
of members elected at Tehran and in the provinces"; their
place of meeting to be at Tehran; their number 160, but may if
necessary be increased to 200; their term of service two
years: they are "representative of the whole Persian nation";
the Tehran deputies to have "the option of instituting the
Assembly and starting discussion and debates," and "their
decisions by majority during the absence of the provincial
deputies will be valid and are to be carried out." The
Assembly itself is given the right to fix the time of its
recess and its sitting; its members cannot be proceeded
against by any person; its proceedings must be public and open
to newspaper reporting, but false reporting shall be
punished.]

THE DUTIES OF THE ASSEMBLY, ITS LIMITATIONS AND RIGHTS.

Article 15.
The National Assembly has the right to discuss truthfully and
sincerely all matters it considers to be desirable in the
interests of the State and nation to investigate; and, subject
to the approval of a majority, to submit them, in the
enjoyment of the utmost safety and confidence, with the
approval of the Senate, to His Imperial Majesty the Shah,
through the first person of the Government, for His Majesty’s
signature, and to be then put into execution.

Article 16.
In general, all laws necessary for the strengthening of the
Government and kingdom, and the regulation of State affairs,
and for the Constitution of Ministries, must receive the
sanction of the National Assembly.

Article 17.
The necessary Bills for making new laws, or for the
alteration, amplification, or cancellation of existing laws,
will, when desirable, be prepared by the National Assembly to
be submitted to His Imperial Majesty the Shah for signature
with the approval of the Senate, and to be then put into
execution.

Article 18.
The regulation of financial matters, the modification of the
Budget, the alteration of the arrangement of taxation, the
refusal or acceptance of impositions, as well as the
inspections which will be undertaken by the Government, will
be done with the approval of the Assembly.

Article 19.
The Assembly will have the right, for the purpose of reforming
financial matters and facilitating the relations of the
Governors and the apportioning of the provinces of Persia, and
the reappointment of Governors, after the Senate has given its
approval, to demand from the Government authorities that the
decision arrived at should be carried out.

Article 20.
The Budget of each Ministry must be finished for the
succeeding year in the last half of each year, and must be
ready fifteen days before the 20th March.

Article 21.
Should it be necessary with regard to the constitutional laws
of the Ministries to make a new law, or to alter or cancel
existing laws, it will be done with the consent of the
National Assembly, whether its necessity be first pointed out
by the Assembly or by the responsible Minister.

Article 22.
Whenever a part of the revenue or property of the Government
or State is to be sold, or a change of frontier or border
becomes necessary, it will be done with the approval of the
National Assembly.

Article 23.
Without the approval of the National Assembly no concession
whatever for the formation of Companies or Associations shall
be granted by the Government.

Article 24.
Treaties, Conventions, the granting of concessions,
monopolies, either commercial, industrial, or agricultural,
whether the other party be a native or a foreigner, can only
be done with the approval of the National Assembly. Treaties
which it may be in the interests of the Government or nation
to keep secret are excepted.

Article 25.
All Government loans of any nature whatsoever, whether
internal or foreign, will be made with the knowledge and
approval of the National Assembly.

Article 26.
The construction of railways or roads, whether the cost be
defrayed by the Government, by Associations or Companies,
whether native or foreign, can only be undertaken with the
approval of the National Assembly.

Article 27.
Should the Assembly find in any place a fault, in the laws or
an irregularity in their fulfilment, it will draw the
attention of the responsible Minister to the same, and he will
have to give the necessary explanations.

Article 28.
Should a Minister, in contravention of one of the laws which
have received the Imperial sanction, by misrepresentations
obtain the issue of a written or verbal order from His
Imperial Majesty the Shah, and excuse himself thereby for his
delay and negligence, he will by law be responsible to His
Imperial Majesty the Shah.

{155}

Article 29.
Whichever Minister who in a matter or matters should not be
able to answer for his actions in accordance with the laws
approved by His Imperial Majesty, and if it should be apparent
that he has broken the law and transgressed the stipulated
limitations, the Assembly will petition His Imperial Majesty
for his dismissal, and when his fault has been determined by
the Courts of Justice he will not again be allowed to serve
the Government.

Article 30.
The National Assembly has the right whenever it considers it
desirable to make petitions direct to His Imperial Majesty by
the means of a body composed of the President and six Members
elected by the six classes. The time for the audience must be
arranged for through the Minister of Court.

Article 81.
The Ministers have the right to be present at the sittings of
the National Assembly, and to sit in the place set apart for
them, and to hear the debates of the Assembly; and should they
think it necessary, they may ask the President for permission
to speak and give the necessary explanations for the
discussion and investigation of affairs.

Article 32.
Any individual member of the public may make a statement of
his case, or complaints or criticisms, to the office of the
Assembly, and, if the matter concerns the Assembly itself, a
satisfying answer will be given to him; but should the matter
concern one of the Ministries, it will be sent to that
Ministry for investigation, and in order that a satisfying
answer be given.

Article 33.
New laws which are necessary will be prepared at the
responsible Ministries, and will be given to the National
Assembly by the responsible Minister or by the Sadr Azam, and
after receiving the approval of the Assembly will receive His
Imperial Majesty’s sign-manual and be put into execution.

Article 34.
The President of the Assembly can, if necessary, of his own
initiative or by the desire of ten Members of the Assembly or
of a Minister, form a Secret Committee, without the presence
of newspaper reporters or spectators, composed of a number of
persons chosen from among the Members of the Assembly, at
which the other Members of the Assembly will not have the
right to attend. The result of the deliberations of the Secret
Committee can, however, only be put into execution when the
Secret Committee in the presence of three quarters of the
persons elected accept the point at issue by a majority of
votes, and if the matter be not passed by the Secret
Committee, it will not be stated in the Assembly and will
remain secret.

Article 35.
Should the Secret Committee be instituted by the President of
the Assembly, he has the right to inform the public of any
part of it he thinks fit; but if the Secret Committee is
instituted by a Minister, the publication of the debate can
only be subject to that Minister’s permission.

[Articles 36-42 are regulative of the transaction of business
between the Assembly and the Ministries of the Government in
matters of debate, inquiry, action on bills, etc.]

THE INSTITUTION OF THE SENATE.

Article 43.
Another Assembly, called the Senate, will be constituted,
composed of sixty Members, whose sittings will coincide, after
its constitution, with those of the National Assembly.

Article 44.
The Regulations of the Senate must receive the approval of the
National Assembly.

Article 45.
The Members of the Assembly will be chosen from among the
enlightened, intelligent, orthodox, and respectable persons of
the State, thirty persons on behalf of His Imperial Majesty,
of whom fifteen from among the inhabitants of Tehran and
fifteen from the inhabitants of the provinces, and thirty
persons on behalf of the nation, of whom fifteen persons
elected by the people of Tehran and fifteen persons elected by
the people of the provinces.

Article 46.
After the constitution of the Senate all affairs must receive
the approval of both Assemblies. If those affairs are
initiated by the Senate or by the body of Ministers, they must
first be determined in the Senate and passed by a majority,
and then be sent to the National Assembly for approval; but
affairs initiated in the National Assembly will, on the
contrary, pass from that Assembly to the Senate, with the
exception of financial matters, which will be the prerogative
of the National Assembly, and the Senate will be informed of
the arrangements made by the Assembly regarding these affairs
in order that the Senate should make its observations on the
same to the National Assembly, which is, however, at liberty,
after the necessary investigations, either to accept or to
refuse the proposals of the Senate.

Article 47.
So long as the Senate is not constituted affairs will require
only the approval of the National Assembly and the sign-manual
of His Imperial Majesty to be put into execution.

[Article 48 provides for the constituting of a "third
assembly," composed of an equal number of members from the
National Assembly and the Senate, to deal with cases in which
those two bodies are in disagreement, and for the ultimate
dissolution of the National Assembly, preparatory to the
election of a new one, in case no settlement of the
disagreement is reached.

Article 49 allows the new Tehran deputies then elected to
begin their labors, outside of the points at issue, as soon as
they are ready.]

The conclusion of the Constitution is as follows:

Article 50.
During each term of election—that is to say, during two
years—a general election will not be called more than once.

Article 51.
It is decreed that the Sovereign who succeeds us should
protect these limitations and Articles, which aim at the
strengthening of the State and of the foundations of the
kingdom, and the protection of justice and contentment of the
nation, which we have decreed and put into execution, and
which they must look upon as their duty to fulfil.

In the month of Zilkade the Unclean, 1324.
O God the Almighty!

The Constitutional Laws of the National Assembly and the
Senate, containing fifty one Articles, are correct.

14th of the month of Zilkade, 1324
(30th December, 1906).

In the handwriting of Muzaffer-ed-Deen Shah;

It is correct.

(Sealed) Valiahd (Mohammed Ali Shah).
(Sealed) Mushir-ed-Dowleh (the Grand Vizier).

{156}

CONSTITUTION OF PERSIA:
The Constitutional Law, as passed by the National Assembly
and signed by the Shah on October 8, 1907.

One hundred and seven articles "to complete the fundamental
laws of the Constitution of Persia" were "added to the
Constitutional law "by the signature of the Shah on the 30th
of December, 1906. The first two are as follows:

Article 1.
The official religion of Persia is the branch of the Twelve
Imams of the Shia Sect of Islam. The Sovereign of Persia must
be of, and contribute to the spread of, this religion.

Article 2.
The National Assembly has been founded by the help of the
Twelfth Imam, the bounty of His Islamic Majesty, the
watchfulness of the Mujteheds and the common people. The laws
passed by it must never to all ages be contrary to the sacred
precepts of Islam, and the laws laid down by the Prophet. It
is obvious that the decision as to whether the laws passed by
the Assembly are in opposition to the precepts of Islam rests
with the Ulema. It is therefore officially decreed that for
all ages a Committee composed of five persons, who shall be
Mujteheds and religious doctors, and who also must be
acquainted with the requirements of the times, shall be
elected in the following manner: The Ulema and doctors of
Islam who are recognized by the Shias as the centre of
imitation shall make known to the National Assembly the names
of twenty of the Ulema possessing the above-mentioned
qualities. The National Assembly shall, by agreement on
casting of lots, elect five of them or more, according to the
requirements of the age, and admit them as members. This
Committee shall discuss and thoroughly investigate the Bills
brought in by the National Assembly, and reject every one of
these Bills which is contrary to the sacred precepts of Islam,
in order that it may not become law. The decision of this
Committee is final. This Article will not be liable to change
until the advent of the Twelfth Imam.

[Articles 3-7 relate to boundaries of the Kingdom, its
capital, its flag, protection of the lives and property of
foreigners, and the integrity of the Constitution.

Articles 8-25 are in the nature of a "bill of rights,"
affirming equality of rights to all; immunity from arbitrary
arrest, punishment, exile or sequestration of property;
freedom of "the study of teaching of arts, letters and
sciences" "except in so far as they are forbidden by the
Sheri"; freedom of publication for all "except heretical
works"; freedom of "societies and associations which do not
provoke religious or civil strife"; inviolability of postal
and telegraphic communications, except under authority of law.
All primary and secondary schools are placed under the
direction and surveillance of the Ministry of Education.

Articles 26-29 define, as follows:

THE POWERS OF THE REALM.

Article 26.
The powers of the realm spring from the people. The
Constitutional Law defines the method of using those powers.

Article 27.
The powers of the realm are divided into three parts:—

Firstly, legislative power, whose province it is to make and
amend laws. This power emanates from His Imperial Majesty the
Shah, the National Assembly, and the Senate. Each one of these
three sources possesses the right of originating laws; but
their passing is conditional to their not being contrary to
the laws of the Sheri, and to the approval of the two
Assemblies, and to their receiving the Imperial signature. But
the making and approval of laws relating to the revenue and
expenditure of the realm belong to the National Assembly
alone. The interpretation and commentary of laws is the
peculiar duty of the National Assembly.

Secondly, the judicial power, which consists in the
distinguishing of rights. This power belongs to the Sheri
Tribunals in matters appertaining to the Sheri, and to the
Courts of Justice in matters appertaining to the civil law
("urf").

Thirdly, the executive power, which rests with the Sovereign.
That is to say, the Laws and Decrees will be executed by the
Ministers and Government officials in the name of His Imperial
Majesty in the manner defined by law.

Article 28.
The three above-mentioned powers shall always be
differentiated and separated from one another.

Article 29.
The particular revenues of each province, department, and
commune shall be regulated by the Provincial and Departmental
Assemblies in accordance with their own particular laws.

[Articles 30-34 define the status of the members of the
National Assembly.]

RIGHTS AND POWERS OF THE CROWN.

[Articles 35-57 set forth the rights and powers of the Crown.
The sovereignty of Persia is declared to be "a trust which, by
the grace of God, has been conferred on the person of the
Sovereign by the people." The succession is vested in Muhammed
Ali Shah Kajar and his descendants; the Crown Prince to be
"the eldest son of the Sovereign whose mother is a Persian and
a princess." Provision is made for the election by a joint
committee of the Senate and the National Assembly on the
succession of a minor, who cannot govern personally till his
age is eighteen. The powers of the sovereign are thus
defined:]

Article 43.
The Sovereign cannot, without the approval and sanction of the
National Assembly and the Senate, interfere in the affairs of
another country.

Article 44.
The Sovereign is absolved from all responsibility. The
Ministers of State are responsible in all matters.

Article 45.
All the Decrees and Rescripts of the Sovereign shall only be
put into execution when they have been signed by the
responsible Minister, who is responsible for the accuracy of
the contents of that Firman or Rescript.

Article 46.
The dismissal and appointment of Ministers are by order of the
Sovereign.

Article 47.
The conferring of commissions in the army and orders and
honorary distinctions, with due observance of law, is vested
in the person of the Sovereign.

Article 48.
The Sovereign has the right, with the approval of the
responsible Minister, to choose the important officials of the
Government Departments, either at home or abroad, except in
cases excepted by law. But the appointment of the other
officials does not concern the Sovereign, except in cases
defined by law.

Article 49.
The issuing of Firmans for the execution of laws is one of the
rights of the Sovereign, but he may not delay or suspend the
execution of those laws.

Article 50.
The supreme command of the military and naval forces is vested
in the person of the Sovereign.

Article 51.
The declaration of war and the conclusion of peace rest with
the Sovereign.

{157}

Article 52.
Treaties which, in accordance with Article 24 of the
Constitutional Law of the 14th Zilaadeh, 1325 (30th December,
1906), must be kept secret, must, on the removal of this
necessity, and provided that the interests and security of the
country demand it, be communicated by the Sovereign to the
National Assembly and the Senate, with the necessary
explanations.

Article 58.
The secret clauses of any Treaty cannot annul the public
clauses of that Treaty.

Article 54.
The Sovereign can summon the National Assembly and the Senate
to an extraordinary Session.

Article 55.
Coins shall be struck, according to law, in the name of the
Sovereign.

Article 56.
The expenses of the Imperial household must be defined by law.

Article 57.
The powers and prerogatives of the Sovereign are only such as
have been defined by the existing constitutional laws.

[Articles 58-70 relate to the Ministers, who must be
Mussulmans and native Persian subjects, princes of the first
rank not eligible. They are severally and jointly responsible
to both Assemblies. Commands of the sovereign cannot divest
them of responsibility, which is to be defined by law. The
Assembly or the Senate can accuse and prosecute them for
offenses before the High Court of Appeal.]

JUDICIAL TRIBUNALS.

[The Judicial Tribunals of the Kingdom are the subject of
Articles 71-89. "The Supreme Court of Justice and the
subsidiary Courts" are declared to be "the official centres to
which all suits must be referred, and judgment in matters
appertaining to the Sheri rests with the fully qualified
Mujteheds." Suits relating to political rights concern the
Courts of Justice, excepting those which are excepted by law.
No Court of Law can be instituted except by law. One Court of
Appeal for the whole Kingdom is to be instituted at the
Capital. The sittings of all tribunals shall be public, except
in cases when the tribunal judges that this would be
prejudicial to order or decency. "The Presidents and the
members of the Courts of Justice will be chosen in the manner
decreed by the law of the Ministry of Justice, and will be
appointed by virtue of a royal Firman." No judge may be
suspended, temporarily, or permanently, without a trial or
proof of offence. Military tribunals will be instituted
according to a special law.]

MISCELLANEOUS.

[Provincial Assemblies of elected representatives are
provided for in Articles 90-93.

Articles 94-103 have relation to finances. They declare that
no taxes may be levied or exemptions from them allowed except
by law; that no favor to individuals shall be shown in
taxation; that nothing shall, on any pretext, be demanded from
the people, otherwise than by law; and provision is made for
the creation of a State Accounts Department, to be chosen by
the National Assembly.

The last four articles relate to the Army, which is required
to be in all particulars under regulation of law. "The army
vote must pass the National Assembly every year."]

----------CONSTITUTION OF PERSIA: End--------

CONSTITUTION OF RUSSIA, The so-called.

See (in this Volume)
RUSSIA, A. D. 1904-1905.

----------CONSTITUTION OF SOUTH AFRICA: Start--------

Omitting the preamble, which sets forth the desirability and
expediency, "for the welfare and future progress of South
Africa, that the several British Colonies therein shall be
united under one Government in a legislative union under the
Crown of Great Britain and Ireland," the provisions of the
enactment for that purpose by the Parliament of the United
Kingdom, approved September 20, 1909, are as follows:

I.—PRELIMINARY.

1. This Act may be cited as the South Africa Act, 1909.

2. In this Act, unless it is otherwise expressed or implied,
the words "the Union" shall be taken to mean the Union of
South Africa as constituted under this Act, and the words
"Houses of Parliament," "House of Parliament," or
"Parliament," shall be taken to mean the Parliament of the
Union.

3. The provisions of this Act referring to the King shall
extend to His Majesty’s heirs and successors in the
sovereignty of the United Kingdom of Great Britain and
Ireland.

II.—THE UNION.

4. It shall be lawful for the King, with the advice of the
Privy Council, to declare by proclamation that, on and after a
day therein appointed, not being later than one year after the
passing of this Act, the Colonies of the Cape of Good Hope,
Natal, the Transvaal, and the Orange River Colony, hereinafter
called the Colonies shall be united in a Legislative Union
under one Government under the name of the Union of South
Africa. On and after the day appointed by such proclamation
the Government and Parliament of the Union shall have full
power and authority within the limits of the Colonies, but the
King may at any time after the proclamation appoint a
governor-general for the Union.

5. The provisions of this Act shall, unless it is otherwise
expressed or implied, take effect on and after the day so
appointed.

6. The colonies mentioned in section four shall become
original provinces of the Union under the names of Cape of
Good Hope, Natal, Transvaal, and Orange Free State, as the
case maybe. The original provinces shall have the same limits
as the respective colonies at the establishment of the Union.

7. Upon any colony entering the Union, the Colonial Boundaries
Act, 1895, and every other Act applying to any of the Colonies
as being self-governing colonies or colonies with responsible
government, shall cease to apply to that colony, but as from
the date when this Act takes effect every such Act of
Parliament shall apply to the Union.

III.—EXECUTIVE GOVERNMENT.

8. The Executive Government of the Union is vested in the
King, and shall be administered by His Majesty in person or by
a governor-general as His representative.

{158}

9. The Governor-General shall be appointed by the King, and
shall have and may exercise in the Union during the King’s
pleasure, but subject to this Act, such powers and functions
of the King as His Majesty may be pleased to assign to him.

10. There shall be payable to the King out of the Consolidated
Revenue Fund of the Union for the salary of the
Governor-General an annual sum of ten thousand pounds. The
salary of the Governor-General shall not be altered during his
continuance in office.

11. The provisions of this Act relating to the
Governor-General extend and apply to the Governor-General for
the time being or such person as the King may appoint to
administer the government of the Union. The King may authorise
the Governor-General to appoint any person to be his deputy
within the Union during his temporary absence, and in that
capacity to exercise for and on behalf of the Governor-General
during such absence all such powers and authorities vested in
the Governor-General as the Governor-General may assign to
him, subject to any limitations expressed or directions given
by the King; but the appointment of such deputy shall not
affect the exercise by the Governor-General himself of any
power or function.

12. There shall be an Executive Council to advise the
Governor-General in the government of the Union, and the
members of the council shall be chosen and summoned by the
Governor-General and sworn as executive councillors, and shall
hold office during his pleasure.

13. The provisions of this Act referring to the
Governor-General in Council shall be construed as referring to
the Governor-General acting with the advice of the Executive
Council.

14. The Governor-General may appoint officers not exceeding
ten in number to administer such departments of State of the
Union as the Governor-General in Council may establish; such
officers shall hold office during the pleasure of the
Governor-General. They shall be members of the Executive
Council and shall be the King’s ministers of State for the
Union. After the first general election of members of the
House of Assembly, as hereinafter provided, no minister shall
hold office for a longer period than three months unless he is
or becomes a member of either House of Parliament.

15. The appointment and removal of all officers of the public
service of the Union shall be vested in the Governor-General
in Council, unless the appointment is delegated by the
Governor-General in Council or by this Act or by a law of
Parliament to some other authority.

16. All powers, authorities, and functions which at the
establishment of the Union are in any of the Colonies vested
in the Governor or in the Governor in Council, or in any
authority of the Colony, shall, as far as the same continue in
existence and are capable of being exercised after the
establishment of the Union, be vested in the Governor-General
or in the Governor-General in Council, or in the authority
exercising similar powers under the Union, as the case may be,
except such powers and functions as are by this Act or may by
a law of Parliament be vested in some other authority.

17. The command in chief of the naval and military forces
within the Union is vested in the King or in the
Governor-General as His representative.

18. Save as in section twenty-three excepted, Pretoria shall
be the seat of Government of the Union.

IV.—PARLIAMENT.

19. The legislative power of the Union shall be vested in the
Parliament of the Union, herein called Parliament, which shall
consist of the King, a Senate, and a House of Assembly.

20. The Governor-General may appoint such times for holding
the sessions of Parliament as he thinks fit, and may also from
time to time, by proclamation or otherwise, prorogue
Parliament, and may in like manner dissolve the Senate and the
House of Assembly simultaneously, or the House of Assembly
alone: provided that the Senate shall not be dissolved within
a period of ten years after the establishment of the Union,
and provided further that the dissolution of the Senate shall
not affect any senators nominated by the Governor-General in
Council.

21. Parliament shall be summoned to meet not later than six
months after the establishment of the Union.

22. There shall be a session of Parliament once at least in
every year, so that a period of twelve months shall not
intervene between the last sitting of Parliament in one
session and its first sitting in the next session.

23. Cape Town shall be the seat of the Legislature of the
Union.

SENATE.

24. For ten years after the establishment of the Union the
constitution of the Senate shall, in respect of the original
provinces, be as follows:

(i) Eight senators shall be nominated by the Governor-General
in Council, and for each original province eight senators
shall be elected in the manner hereinafter provided:

(ii) The senators to be nominated by the Governor-General in
Council shall hold their seats for ten years. One-half of
their number shall be selected on the ground mainly of their
thorough acquaintance, by reason of their official experience
or otherwise, with the reasonable wants and wishes of the
coloured races in South Africa. If the seat of a senator so
nominated shall become vacant, the Governor-General in Council
shall nominate another person to be a senator, who shall hold
his seat for ten years:

(iii) After the passing of this Act, and before the day
appointed for the establishment of the Union, the Governor of
each of the Colonies shall summon a special sitting of both
Houses of the Legislature, and the two Houses sitting together
as one body and presided over by the Speaker of the
Legislative Assembly shall elect eight persons to be senators
for the province. Such senators shall hold their seats for ten
years. If the seat of a senator so elected shall become
vacant, the provincial council of the province for which such
senator has been elected shall choose a person to hold the
seat until the completion of the period for which the person
in whose stead he is elected would have held his seat.

{159}

25. Parliament may provide for the manner in which the Senate
shall be constituted after the expiration of ten years, and
unless and until such provision shall have been made—

(i) the provisions of the last preceding section with regard
to nominated senators shall continue to have effect;

(ii) eight senators for each province shall be elected by the
members of the provincial council of such province together
with the members of the House of Assembly elected for such
province. Such senators shall hold their seats for ten years
unless the Senate be sooner dissolved. If the seat of an
elected senator shall become vacant, the members of the
provincial council of the province, together with the members
of the House of Assembly elected for such province, shall
choose a person to hold the seat until the completion of the
period for which the person in whose stead he is elected would
have held his seat. The Governor-General in Council shall make
regulations for the joint election of senators prescribed in
this section.

26. The qualifications of a senator shall be as follows:
—He must—
(a) be not less than thirty years of age;
(b) be qualified to be registered as a voter for the election
of members of the House of Assembly in one of the provinces;
(c) have resided for five years within the limits of the Union
as existing at the time when he is elected or nominated, as
the case may be;
(d) be a British subject of European descent;
(e) in the case of an elected senator, be the registered owner
of immovable property within the Union of the value of not
less than five hundred pounds over and above any special
mortgages thereon. For the purposes of this section, residence
in, and property situated within, a colony before its
incorporation in the Union shall be treated as residence in
and property situated within the Union.

27. The Senate shall, before proceeding to the dispatch of any
other business, choose a senator to be the President of the
Senate, and as often as the office of President becomes vacant
the Senate shall again choose a senator to be the President.
The President shall cease to hold office if he ceases to be a
senator. He may be removed from office by a vote of the
Senate, or he may resign his office by writing under his hand
addressed to the Governor-General.

28. Prior to or during any absence of the President the Senate
may choose a senator to perform his duties in his absence.

29. A senator may, by writing under his hand addressed to the
Governor-General, resign his seat, which thereupon shall
become vacant. The Governor-General shall as soon as
practicable cause steps to be taken to have the vacancy
filled.

30. The presence of at least twelve senators shall be
necessary to constitute a meeting of the Senate for the
exercise of its powers.

31. All questions in the Senate shall be determined by a
majority of votes of senators present other than the President
or the presiding senator, who shall, however, have and
exercise a casting vote in the case of an equality of votes.

HOUSE OF ASSEMBLY.

32. The House of Assembly shall be composed of members
directly chosen by the voters of the Union in electoral
divisions delimited as hereinafter provided.

33. The number of members to be elected in the original
provinces at the first election and until the number is
altered in accordance with the provisions of this Act shall be
as follows: Cape of Good Hope, fifty-one; Natal, seventeen;
Transvaal, thirty-six; Orange Free State, seventeen. These
numbers may be increased as provided in the next succeeding
section, but shall not, in the case of any original province,
be diminished until the total number of members of the House
of Assembly in respect of the provinces herein provided for
reaches one hundred and fifty, or until a period of ten years
has elapsed after the establishment of the Union, whichever is
the longer period.

34. The number of members to be elected in each province, as
provided in section thirty-three, shall be increased from time
to time as may be necessary in accordance with the following
provisions:

(i) The quota of the Union shall be obtained by dividing the
total number of European male adults in the Union, as
ascertained at the census of nineteen hundred and four, by the
total number of members of the House of Assembly as
constituted at the establishment of the Union:

(ii) In nineteen hundred and eleven, and every five years
thereafter, a census of the European population of the Union
shall be taken for the purposes of this Act:

(iii) After any such census the number of European male adults
in each province shall be compared with the number of European
male adults as ascertained at the census of nineteen hundred
and four, and, in the case of any province where an increase
is shown, as compared with the census of nineteen hundred and
four, equal to the quota of the Union or any multiple thereof,
the number of members allotted to such province in the last
preceding section shall be increased by an additional member
or an additional number of members equal to such multiple, as
the case may be:

(iv) Notwithstanding anything herein contained, no additional
member shall be allotted to any province until the total
number of European male adults in such province exceeds the
quota of the Union multiplied by the number of members
allotted to such province for the time being, and thereupon
additional members shall be allotted to such province in
respect only of such excess:

(v) As soon as the number of members of the House of Assembly
to be elected in the original provinces in accordance with the
preceding subsections reaches the total of one hundred and
fifty, such total shall not be further increased unless and
until Parliament otherwise provides; and subject to the
provisions of the last preceding section the distribution of
members among the provinces shall be such that the proportion
between the number of members to be elected at any time in
each province and the number of European male adults in such
province, as ascertained at the last preceding census, shall
as far as possible be identical throughout the Union:

(vi) "Male adults" in this Act shall be taken to mean males of
twenty-one years of age or upwards not being members of His
Majesty’s regular forces on full pay:

(vii) For the purposes of this Act the number of European male
adults, as ascertained at the census of nineteen hundred and
four, shall be taken to be—

For the Cape of Good Hope, 167,546;
for Natal, 34,784;
for the Transvaal, 106,493;
For the Orange Free State, 41,014.

{160}

35.
(1) Parliament may by law prescribe the qualifications which
shall be necessary to entitle persons to vote at the election
of members of the House of Assembly, but no such law shall
disqualify any person in the province of the Cape of Good Hope
who, under the laws existing in the Colony of the Cape of Good
Hope at the establishment of the Union, is or may become
capable of being registered as a voter from being so
registered in the province of the Cape of Good Hope by reason
of his race or colour only, unless the Bill be passed by both
Houses of Parliament sitting together, and at the third
reading be agreed to by not less than two-thirds of the total
number of members of both Houses. A Bill so passed at such
joint sitting shall be taken to have been duly passed by both
Houses of Parliament.

(2) No person who at the passing of any such law is registered
as a voter in any province shall be removed from the register
by reason only of any disqualification based on race or
colour.

36. Subject to the provisions of the last preceding section,
the qualifications of parliamentary voters, as existing in the
several Colonies at the establishment of the Union, shall be
the qualifications necessary to entitle persons in the
corresponding provinces to vote for the election of members of
the House of Assembly: Provided that no member of His
Majesty’s regular forces on full pay shall be entitled to be
registered as a voter.

[Section 37 of the Act applies to the elections of members of
the House of Assembly all existing election laws in the
respective provinces relating to the elections for their more
numerous Houses of Parliament, excepting that it requires all
polls to be taken on one and the same day throughout the
Union.

Sections 38 to 43 inclusive provide for the creation of a
joint commission to determine the first division of the
provinces into equalized electoral divisions, and for
subsequent commissions of three judges of the Supreme Court of
South Africa for re-divisions, as they may become necessary.]

44. The qualifications of a member of the House of Assembly
shall be as follows:—He must—
(a) be qualified to be registered as a voter for the election
of members of the House of Assembly in one of the provinces;
(b) have resided for five years within the limits of the
Union as existing at the time when he is elected;
(c) be a British subject of European descent.

For the purposes of this section, residence in a colony before
its incorporation in the Union shall be treated as residence
in the Union.

45. Every House of Assembly shall continue for five years from
the first meeting thereof, and no longer, but may be sooner
dissolved by the Governor-General.

46. The House of Assembly shall, before proceeding to the
despatch of any other business, choose a member to be the
Speaker of the House, and, as often as the office of Speaker
becomes vacant, the House shall again choose a member to be
the Speaker. The Speaker shall cease to hold his office if he
ceases to be a member. He may be removed from office by a vote
of the House, or he may resign his office or his seat by
writing under his hand addressed to the Governor-General.

47. Prior to or during the absence of the Speaker, the House
of Assembly may choose a member to perform his duties in his
absence.

48. A member may, by writing under his hand addressed to the
Speaker, or, if there is no Speaker, or if the Speaker is
absent from the Union, to the Governor-General, resign his
seat, which shall thereupon become vacant.

49. The presence of at least thirty members of the House of
Assembly shall be necessary to constitute a meeting of the
House for the exercise of its powers.

50. All questions in the House of Assembly shall be determined
by a majority of votes of members present other than the
Speaker or the presiding member, who shall, however, have and
exercise a casting vote in the case of an equality of votes.

BOTH HOUSES OF PARLIAMENT.

[Section 51 prescribes the oath or affirmation of allegiance
to the British Sovereign which each senator and member of the
House of Assembly must subscribe to before taking his seat.]

52. A member of either House of Parliament shall be incapable
of being chosen or of sitting as a member of the other House:
Provided that every minister of State who is a member of
either House of Parliament shall have the right to sit and
speak in the Senate and the House of Assembly, but shall vote
only in the House of which he is a member.

53. No person shall be capable of being chosen or of sitting
as a senator or as a member of the House of Assembly who—

(a) has been at any time convicted of any crime or offence for
which he shall have been sentenced to imprisonment without the
option of a fine for a term of not less than twelve months,
unless he shall have received a grant of amnesty or a free
pardon, or unless such imprisonment shall have expired at
least five years before the date of his election; or

(b) is an unrehabilitated insolvent; or

(c) is of unsound mind, and has been so declared by a
competent court; or

(d) holds any office of profit under the Crown within the
Union:

Provided that the following persons shall not be deemed to
hold an office of profit under the Crown for the purposes of
this subsection:

(1) a minister of State for the Union;

(2) a person in receipt of a pension from the Crown;

(3) an officer or member of His Majesty’s naval or military
forces on retired or half pay, or an officer or member of the
naval or military forces of the Union whose services are not
wholly employed by the Union.

54. If a senator or member of the House of Assembly—

(a) becomes subject to any of the disabilities mentioned in
the last preceding section; or

(b) ceases to be qualified as required by law; or

(c) fails for a whole ordinary session to attend without the
special leave of the Senate or the House of Assembly, as the
case may be; his seat shall thereupon become vacant.

[Section 55 imposes a penalty of £100 for each day on which
any disqualified person may knowingly sit in Parliament.]

56. Each senator and each member of the House of Assembly
shall, under such rules as shall be framed by Parliament,
receive an allowance of four hundred pounds a year, to be
reckoned from the date on which he takes his seat: Provided
that for every day of the session on which he is absent there
shall be deducted from such allowance the sum of three pounds:
Provided further that no such allowance shall be paid to a
Minister receiving a salary under the Crown or to the
President of the Senate or the Speaker of the House of
Assembly. A day of the session shall mean in respect of a
member any day during a session on which the House of which he
is a member or any committee of which he is a member meets.

{161}

[Sections 57-58 relate to the privileges of each House of
Parliament and its right to make rules and orders of procedure
for the conduct of its business.]

POWERS OF PARLIAMENT.

59. Parliament shall have full power to make laws for the
peace, order, and good government of the Union.

60.—
(1) Bills appropriating revenue or moneys or imposing taxation
shall originate only in the House of Assembly. But a Bill
shall not be taken to appropriate revenue or moneys or to
impose taxation by reason only of its containing provisions
for the imposition or appropriation of fines or other
pecuniary penalties.

(2) The Senate may not amend any Bills so far as they impose
taxation or appropriate revenue or moneys for the services of
the Government.

(3) The Senate may not amend any Bill so as to increase any
proposed charges or burden on the people.

61. Any Bill which appropriates revenue or moneys for the
ordinary annual services of the Government shall deal only
with such appropriation.

62. The House of Assembly shall not originate or pass any
vote, resolution, address, or Bill for the appropriation of
any part of the public revenue or of any tax or impost to any
purpose unless such appropriation has been recommended by
message from the Governor-General during the Session in which
such vote, resolution, address, or Bill is proposed.

63. If the House of Assembly passes any Bill and the Senate
rejects or fails to pass it or passes it with amendments to
which the House of Assembly will not agree, and if the House
of Assembly in the next session again passes the Bill with or
without any amendments which have been made or agreed to by
the Senate and the Senate rejects or fails to pass it or
passes it with amendments to which the House of Assembly will
not agree, the Governor-General may during that session
convene a joint sitting of the members of the Senate and House
of Assembly. The members present at any such joint sitting may
deliberate and shall vote together upon the Bill as last
proposed by the House of Assembly and upon amendments, if any,
which have been made therein by one House of Parliament and
not agreed to by the other; and any such amendments which are
affirmed by a majority of the total number of members of the
Senate and House of Assembly present at such sitting shall be
taken to have been carried, and if the Bill with the
amendments, if any, is affirmed by a majority of the members
of the Senate and House of Assembly present at such sitting,
it shall be taken to have been duly passed by both Houses of
Parliament: Provided that, if the Senate shall reject or fail
to pass any Bill dealing with the appropriation of revenue or
moneys for the public service, such joint sitting may be
convened during the same session in which the Senate so
rejects or fails to pass such Bill.

64. When a Bill is presented to the Governor-General for the
King’s Assent, he shall declare according to his discretion,
but subject to the provisions of this Act, and to such
instructions as may from time to time be given in that behalf
by the King, that he assents in the King’s name, or that he
withholds assent, or that he reserves the Bill for the
signification of the King’s pleasure. All Bills repealing or
amending this section or any of the provisions of Chapter IV.
under the heading "House of Assembly," and all Bills
abolishing provincial councils or abridging the powers
conferred on provincial councils under section eighty-five,
otherwise than in accordance with the provisions of that
section, shall be so reserved. The Governor-General may return
to the House in which it originated any Bill so presented to
him, and may transmit therewith any amendments which he may
recommend, and the House may deal with the recommendation.

65. The King may disallow any law within one year after it has
been assented to by the Governor General, and such
disallowance, on being made known by the Governor-General by
speech or message to each of the Houses of Parliament or by
proclamation, shall annul the law from the day when the
disallowance is so made known.

66. A Bill reserved for the King’s pleasure shall not have any
force unless and until, within one year from the day on which
it was presented to the Governor-General for the King’s
Assent, the Governor-General makes known by speech or message
to each of the Houses of Parliament or by proclamation that it
has received the King’s Assent.

67. As soon as may be after any law shall have been assented
to in the King’s name by the Governor-General, or having been
reserved for the King’s pleasure shall have received his
assent, the Clerk of the House of Assembly shall cause two
fair copies of such law, one being in the English and the
other in the Dutch language (one of which copies shall be
signed by the Governor-General), to be enrolled of record in
the office of the Registrar of the Appellate Division of the
Supreme Court of South Africa; and such copies shall be
conclusive evidence as to the provisions of every such law,
and in case of conflict between the two copies thus deposited
that signed by the Governor-General shall prevail.

V.—THE PROVINCES.

ADMINISTRATORS.

68.—
(1) In each province there shall be a chief executive officer
appointed by the Governor-General in Council, who shall be
styled the administrator of the province, and in whose name
all executive acts relating to provincial affairs therein
shall be done.

(2) In the appointment of the administrator of any province,
the Governor-General in Council shall, as far as practicable,
give preference to persons resident in such province.