The Budweis/Budĕjovice Compromise

 

introduced and

translated by

Jeremy King

©2003

 

Between 1906 and 1914, in a town of the Habsburg Monarchy whose public life had come to be dominated by German-Czech tensions, party leaders and Habsburg officials attempted an unusual and indeed remarkable solution: drafting legislation that would segregate Czech politics from German politics by dividing voters, taxpayers, schoolchil­dren, and everyone else into two "cadastres," or autonomous but geo­graphi­cally interspersed and equal national groups. Czechs and Germans were to continue sharing the territory of the town, yet become separate political communities, each with extensive rights of self-rule. The drafts never became law, in large part because of the First World War; its outbreak forced enact­ment to be postponed, and its conclusion led to the destruction of the Habs­burg Monarchy on whose constitu­tional structure the proposed legislation rested. Today, even in the town itself—which lies 100 miles south of Prague, and is called (České) Budĕjovice in Czech and Bud­weis in German—few people know about the Budweis/Budĕjovice Com­promise. And yet, it deserves our atten­tion, for at least three reasons.

First, the Budweis/Budĕjovice Com­promise was no isolated undertaking. In 1905, a Czech-Habsburg-German com­promise similar in many ways to the Budweis/Budĕjovice one came into effect in Moravia, a crownland of the Habsburg Monarchy inhabited by about 2.5 million people. In 1910, the legislature of a second crownland, the Bukovina, adopted a compromise centered on Polish, German, Romanian, and Ruthe­nian cadastres. Bosnia-Herzegovina, meanwhile, recently annexed from the Ottoman Empire, was dictated a consti­tution centered on Catholic (Croat), Serb-Orthodox, and Muslim ones. In 1914, a compromise centered on dual, Polish and Ruthenian electoral districts was on the verge of being implemented in Galicia. And negotiations were quite advanced, but also deadlocked, over how to bring about a Czech-German partition of Bohemia, the crownland to which Budweis/Budĕjovice belonged. When the experiment wth territorial and "personal" forms of national autonomy was cut short, it was well on its way to embracing twenty million citizens of one of Europe's Great Powers.

Second, that experiment had radical implications. And the Budweis/Budĕj-ovice Compromise, which drew on earlier compromises but faced fewer constraints because it concerned a much smaller population, promised to be the most radical of all; it marked the summation of a trend, as well as a logi­cal extreme. Yet in 1914, political leaders, officials, judges, and scholars were only beginning to understand that trend—nothing less than the transfor-mation of a dynastic state into a multi­national, federal one. Then that state disintegrated, and interest in its political dynamics plummeted. For decades now, only scholars in a few fields have even heard about the experiment of 1905 to 1914. And they have tended not to appreciate its importance. Both symptom and cause of that underesti­mation is that the actual compromises, with dramatic content bulging under dry legal prose, remain unknown. Only the Bukovinan Compromise has ever been reprinted,* and none has ever been translated into English. To start filling the gap is to open up new possibilities for understanding the Central European past.

Third, the Budweis/Budĕjovice Com­promise, like several of its cousins, offers insight into problems of our times. Its mixed, territorial and "personal" approach, for all its faults, places in perspective more unilaterally territorial approaches to national autonomy, including those pursued in communist Yugoslavia and two of its successors: Macedonia and "ethnically cleansed" Bosnia-Herzegovina. Its attempts at reconciling mandatory national/racial classification with formal equality of individuals, voluntary association, and additional tenets of classic liberalism resonate instructively with different attempts toward the same end within American policies of Affirmative Action. Its attention to the sticky details of establishing group rights contrasts pro­ductively with recent, much-discussed theoretical works by political scientists and philosophers such as Charles Taylor, Will Kymlicka, Amy Gutmann, and Seyla Benhabib about "democracy and difference," "multicultural citizenship," "equality and diversity," and "identity in democracy." The difficulty and com­plexity to the attempt in the Budweis/ Budĕjovice Compromise at achieving a precise definition of "nations" also denaturalize and—to coin a term—degroupize that foundational concept of modern politics, in ways that complement some of the best new scholarship (by Rogers Brubaker, for example, and Benedict Anderson) concerning nationalism, "ethnic groups," and citizenship.

********

Although dense and opaque, like much legislation, the text of the Bud-weis/Budejovice Compromise requires little explanation in order to be under­stood by the careful reader. I have added few footnotes, and preface the document only with the following information.

The population of Budweis/Budejovice on the eve of the First World War was approximately 45,000. Electoral returns and language data from the census indicate that Czechs had come to outnumber Germans by a ratio of 2 to 1. But since the 1860s, when Czech and German political parties had first taken root, Germans had dominated Town Hall. That was because they tended to be wealthier, and the electoral system discounted heavily the voices of the poor. An important dimension to the Budweis/Budejovice Compromise was that it modified that electoral system such as to allow a Czech victory, but also a dignified German retreat. Readers interested in learning more should consult an interview with August Zátka, the principal architect of the Budweis/ Budejovice Compromise, that was made by an Austrian journalist in 1918 and translated by me in 2001. [Click here.] They should also consult my book, Budweisers into Czechs and Germans: A Local History of Bohemian Politics, 1848-1948 (Princeton: Princeton University Press, 2002), particularly Chapter 4.

My translation rests on two copies of the Budějovice/Budweis Compromise, both printed in town—one in Czech and the other in German. They are undated, but the evidence points to late drafts, probably from 1913. (Zátka's first draft from 1906 is preserved in the Austrian State Archive in Vienna, Allgemeines Verwaltungsarchiv, Nachlass Beck, carton 13.) The Czech-language copy was supplied to me by Jan Mareš, Direc­tor of the Regional Division of the State Academic Library in České Budějovice, Czech Republic. I found the other, slightly later copy in the Austrian State Archive, Allgemeines Verwaltungsarchiv, Ministerium des Innern, Präsidiale, carton 1561: 11/Böhm. 1900-1918. Where differ­ences between the two versions occur, they are noted. The handwritten changes to the German-language one, also noted, are most likely the work of a legal counselor in the imperial Austrian Ministry of the Interior.

 

 

Law of this day __________, by which are issued special provisions for the protection of both nationalities in the town of České Budĕjovice/Budweis, through amendment and amplification of the municipal and electoral codes for the Kingdom of Bohemia.

 

With the assent of the assembly of my Kingdom of Bohemia, I do hereby order as follows:

 

Part the first.

National cadastres shall be introduced in the town of České Budĕjovice /Budweis.

 

§ 1.

National cadastres.

In the town of České Budĕjovice /Budweis, national cadastres shall be created, for the purposes of compiling lists of voters for elections to public representative bodies, carrying out annual registration for the German and Czech school systems, and assessing taxpayers cadastral tax surcharges. There shall be a Czech cadastre and a German cadastre, and an official record shall be kept thereof.

Registered in the cadastres shall be:

1. persons having their residence in the town; and if not already registered in accord with No. 1;

2. all persons or legal entities (commercial enterprises, coopera-tive societies, and the like) assessed a direct state tax within the town; and

3. honorary burghers and burghers appointed to those statuses before enactment of this law.

Persons registered in the Czech cadastre constitute the Czech cadastral community, and persons registered in the German cadastre constitute the German one. The cadastral communities are bodies with legal status.

 

§ 2.

Enrollment of cadastre members.

The head of the political District Authority shall order enrollment by those persons and legal entities (§ 1, No. 2) that are to be registered in the cadastres.

The purpose, time, and further details of the enrollment process shall be announced in newspapers of the Kingdom in which official announce-ments are regularly published, as well as by means of placards placed on public display in České Budĕjovice/Budweis.

As a rule, enrollment shall proceed for persons on the basis of a profession of nationality [národní přiznání/nationales Einbekenntniss], and for legal entities (§ 1, No. 2) on the basis of a declaration [opovĕď/Anmeldung]. Forms for professing or declaring nationality shall be issued by the political District Authority, and shall contain the following:

a] a column for profession or declaration in favor of one of the cadastres,

b] columns in which are to be recorded name, address, and other matters important for the cadastre.

Required to fill out the form and to submit it to the mayor within the prescribed period are:

1. persons of legal majority, for themselves,

2. for all others whose registration is required, those persons authorized to represent them by current legislation, corporate bylaws, or social statutes.

 

§ 3.

The cadastral commission.

The cadastres shall be created by a commission, composed of the mayor or a municipal counselor authorized to represent him, and four members or their substitutes.

The commission is assembled as follows: the German and the Czech members of the Town Council each elect two members and two substitutes. Once the curias have been constituted (§ 10), the cadastral commission shall be formed anew, such that each curia shall delegate two members and two substitutes to the commission, for terms coincident in length with those of the Town Council.

The mayor or a member of the Town Board authorized to represent him shall chair the commission.

The commission shall be convened by the chair, and shall hold regular sessions, according to need. Furthermore, should two members so demand, the chair shall be obliged to convene an extraordinary session, within eight days. In order for the commission to have a quorum, the chair and three members, or their substitutes, must be in attendance. For the passage of a resolution, a simple majority vote is required [Earlier version: provided that the law does not specify otherwise]. The chair votes only in the event of a tie. The summoning of substitutes shall be governed by the provisions in § 22 of this law. Should the number of commission members in attendance not comprise a quorum, then the provisions of § 44 of the municipal code apply.

Petitions concerning the cadastre shall be submitted to the cadastral commission. Petitions and statements may be made orally, with the exception of professions and declarations that are the subject of § 2; they must always be submitted in writing. Should the adjudication of a petition or declaration depend on the identity of the person, it shall be determined, if necessary, by two witnesses or by another appropriate method.

Persons not of legal majority and legal entities (§ 1, No. 2) shall be represented by persons authorized thereto by current legislation, corporate bylaws, or social statutes.

 

§ 4.

Creation of the cadastres.

The two cadastres shall be created separately, in alphabetical order, on the basis of profession and declaration. Persons for whom a definite profession was not submitted within the prescribed period shall be registered by the cadastral commission ex officio, on the basis of an investigation, if necessary, of the person's nationality. Undeclared foundations established for the benefit of the German or Czech nationality shall also be registered ex officio, in the cadastre that corresponds to their mission. Notice of registration ex officio shall be given to the persons and entities registered or to their legal representatives (§ 3, final paragraph).

Registered in both cadastres shall be:

1. military persons on active duty or temporarily on leave, excepting those members of the Armed Forces on active duty only temporarily, as a consequence of a legal obligation to participate in military exercises;

2. the state, the crownland, the district, the municipality of České Budĕjovice/Budweis, institutions belonging to or administered by them, the Savings Bank in České Budĕjovice/Budweis, the Chamber of Commerce in České Budĕjovice /Budweis and funds administered by it, public or spiritual funds, as well as foundations not dedicated to a particular nationality;

3. all remaining legal entities (§ 1, No. 2), as well as citizens of other states and persons who belong neither to the German nor to the Czech race [kmen/Volksstamm], or whose nationality could not be determined, if no definite declaration regarding them was submitted within the prescribed period.

 

§ 5.

Correction of the cadastres.

The cadastres created by the cadastral commission shall be placed on display in the offices of the municipality on a day determined by the head of the political District Authority, and shall be open to all for 30 days for purposes of inspection and duplication. At the same time, the placing of the cadastres on display shall be publicly announced, together with a statement that objections to the cadastres may be made during the period of public display in accordance with the following provisions:

Persons or legal entities (§ 1, No. 2), save for those to be registered in both cadastres as per § 4, No. 1 and 2, may petition during the period of public display that they be struck from one cadastre and enrolled exclusively in the other. Every person registered only in one of the two cadastres has the right, furthermore, to petition during the period of public display that another person registered in either cadastre be struck from it and registered in the other.

Objections to the cadastre shall be presented by the cadastral commission to the political District Authority within three days. It shall summon the person in question, if of legal majority, for a hearing. The members of the cadastral commission shall be informed of the time of the hearing, and are free to attend.

Should the person whose registration is being challenged live outside the political district of České Budĕjovice /Budweis, he may request that the hearing be carried out by the political District Authority of his place of residence. The goal of the hearing is to determine either whether the person's profession is genuine, and made in earnest, sincerely and freely, or whether the registration made ex officio coincides with the person's will.

The declaration made at the hearing by the person whose registration is being challenged shall as a rule (§§ 6 and 8) be decisive in settling questions regarding registration in the cadastres.

Should the person in question fail to attend the hearing or fail to make a clear declaration, or should the case involve the enrollment of wards of the state, the political District Authority shall proceed ex officio. It is obliged to carry out a thorough investigation and examination of the personal and familial conditions of the person in question, and to determine his nationality on the basis of telling characteristics—for which purpose actions shall be taken into account from the private, social, and public life of the person in question that seem reliable and genuine proof of national membership. The Office shall then decide whether to register the person in one or in both of the two cadastres.

In the case of wards of the state, the custodial court shall also be consulted before a decision is made.

As a rule (§§ 6 and 8), the decision of the political District Authority may not be appealed. After settling all petitions for correction submitted during the period of public display, the political District Authority shall ensure that all corrections ordered were in fact carried out, and shall take any further appropriate measures.

 

§ 6.

Changing of cadastre.

Upon the conclusion of corrections, transfer from one cadastre to the other is permitted only exceptionally, in accordance with the following provisions:

1. for persons of legal majority, together with their family dependents, should they gain the agreement thereto of both curias; transfer may occur only once;

2. for persons of legal majority, together with their family dependents, should they be able to prove that their profession had been made under duress, within a relationship of dependency; transfer, again, may occur only once;

3. for the following members of nationally mixed families: widows of legal majority, upon death of the husband; children, upon death of the father; all persons not of legal majority, upon their achievement thereof; and even before such achievement in the case of persons not of legal majority whose registration did not occur on the basis of a profession by the father, mother, or husband. Widows and children of legal majority may exercise this right only up to one year after the death of the husband or father. The legal representatives of wards of the state may exercise this right at any time, but wards of the state themselves only up to one year after achieving legal majority;

4. persons of legal majority who were registered in a cadastre ex officio. This right may be exercised only up to one year after such persons were notified of their classification.

For military personnel enrolled in both cadastres according to § 4, No. 1, treatment upon the conclusion of military service shall be as with new arrivals to the community.

Persons enrolled in both cadastres according to § 4, No. 3 may request their erasure from one of the two cadastres at any time.

Legal entities entitled by §§ 4, No. 3 and 5 to join one cadastre or the other may at any time request registration only in one cadastre, or in both. They may also request transfer from one cadastre to the other.

[Earlier version: Petitions for change of cadastre shall be adjudicated by the cadastral commission, which shall consult the custodial court in cases involving wards of the state (§ 1, No. 3 or § 3).

Should the commission fail to arrive at a unanimous decision, the commission shall present the relevant petition to the political District Authority, which shall decide the case. Its decision may be appealed through the administrative courts.

A petition for change of cadastre based on the provisions of § 1, No. 1, or § 3 and 4, may not be denied. A petition based on the provisions of § 1, No. 3 and 4 may be denied only in the case of submission after the prescribed period.]

[Later version: The cadastral commission must grant any petition for change of cadastre based on the provisions of § 1, No. 1, or § 3 and 4. Registrations carried out in this fashion may not be challenged.

Other petitions for change of cadastre shall be adjudicated by the cadastral commission. Should a petition be granted, the registration is subject to the correction process detailed in § 7. Should a petition be denied, it shall be forwarded to the political District Authority. It shall undertake the necessary investigation; question the petitioner in accord with § 5, paragraphs 3 and 4; in cases involving wards of the state, consult the custodial court; and then decide whether to grant the petition. The decision may be appealed through the administrative courts.]

 

§ 7.

Official record-keeping of the cadastres.

Persons of legal majority who were missed when the cadastres were created, or who are required to register subsequently by § 1, as well as representatives either of such persons not of legal majority or of such legal entities (§ 2, No. 2), shall submit a profession or declaration of their own accord, in keeping with the provisions of § 2. In cases in which registration becomes obligatory after the creation of the cadastres, submission shall occur within 14 days of registration becoming obligatory. Otherwise, registration shall take place in accord with the provisions of § 4.

During the preparation of elections, as well as during tax assessment and school registration, the 14-day registration period may be shortened by the political District Authority to 24 hours.

Persons who were previously registered in a cadastre and who were then removed for change of residence or similar reasons, if required to register again according to § 1, shall be registered in the same cadastre as previously. [Later version: Modification is permitted only if the conditions for change of cadastre specified in § 6 are present.]

As a rule, additions to the cadastres during each quarter shall be registered in the cadastre during the first month of the following quarter. Children of school age shall be registered without delay.

New registrations, when carried out, shall be announced publicly, and a period of 30 days shall be set for the submission of objections. With regard to the submission of objections, and their adjudication, the relevant provisions apply of § 5, from the second to the final paragraph.

Corrections to registration within a cadastre (name, address, etc.) may be submitted at any time. Such submissions shall be adjudicated, without right of appeal, by the political District Authority, after verification.

The cadastres are open for inspection and duplication to any member of a cadastre.

The records of the cadastres shall be maintained by the mayor, together with the chairmen of both curias, according to mutual agreement. [Later version: In case of disagreement, the head of the political District Authority shall settle the matter, without possibility of appeal.]

 

§ 8.

Right of objection of the curias.

In future, objections made for the purpose of correcting the cadastres may be submitted also by the national curias.

Should an objection submitted by a curia assert that a cadastral enrollment at odds with the nationality of the person was submitted with the goal of circumventing the law, the political District Authority may make a ruling in the following cases, even if the ruling disregards the preference of the person or his legal representatives:

1. regarding professions by officials and employees of the municipality, of municipal institutions, and of institutions administered by the municipality,

2. regarding professions concerning children of school age.

These objections (No. 1 and 2) are not limited by the deadline set in § 7, paragraph 5; they may be submitted in the case of No. 1 up to one year after the expiration of that earlier deadline, and in the case of No. 2 up to the day of the child's regular admission to a public school in the České Budĕjovice/Budweis school system. [Later version: But if the curias should not yet have been constituted when the cadastres are proclaimed to be on public display (§ 5), or when additions are being registered, the deadline in the case of No. 1 shall be counted from the day of constitution.

Registration of school-age children in a cadastre against the declaration of their legal representatives has the effect of subjecting those children to the special legal provisions concerning school attendance in the České Budĕjovice /Budweis municipal school system.]

Decisions of the political District Authority regarding objections covered by § 2, No. 1 and 2 may be appealed through the administrative courts.

Should the objection be upheld, the parents of school-age children have the choice, up to one year from the day when the decision gained legal force, to switch to the cadastre in which their children were registered.

 

§ 9.

Penal provisions.

Whoever

1. has his place of residence in the České Budĕjovice/Budweis political district, and without good excuse evades his obligation to submit a national profession or declaration;

2. makes untruthful assertions in his profession or declaration regarding the personal circumstances listed in § 2, paragraph 4b, or causes or attempts to cause another to make such untruthful assertions;

3. causes or attempts to cause another to make an untruthful profession of nationality;

4. fills out or has someone else fill out a form of profession or declaration that another person is supposed to fill out, without authorization or against orders,

shall be punished by the political District Authority with a fine between 10 and 200 crowns, unless the action falls under the provisions of the general penal code. Should the monetary fine prove uncollectable, imprisonment shall be substituted: for a fine between 10 and 20 crowns, one day, and for higher fines, one day for every 20 crowns. Monies collected as fines shall go to the municipal poor-relief fund.

 

Part the second.

Special provisions regarding the election of the Town Council and Town Board for the town of České Budĕjovice/Budweis.

 

§ 10

Election of Council members and substitutes.

The curias.

Members of the Town Council for the town of České Budĕjovice/Budweis, together with substitutes, shall be elected by voters in two separate groups, based on the Czech and German cadastres.

The individual electoral bodies[1] shall apportion their elected representatives according to the ratio of voters listed for each cadastre within each electoral body in the official, corrected electoral rolls. Voters belonging to both cadastres shall not be included in calculations. Honorary burghers and burghers who are registered in one cadastre and enfranchised shall be included in calculations for the apportionment of seats only inasmuch as they already possess the right to vote on other grounds.[2] In such cases, they shall be included in calculations for that electoral body within which the other grounds entitle them to vote. Should calculations yield a fractional result, the larger fraction prevails. Should the fractions be one and the same, the case shall be decided through the drawing of straws.

[Later version: The apportionment of seats shall be carried out by the mayor. Those elected by the voters of the Czech cadastre form the Czech curia, and those elected by the voters of the German cadastre form the German one.]

 

§ 11.

Right to vote of honorary burghers and burghers.

Honorary burghers and burghers of České Budĕjovice/Budweis granted those statuses only after enactment of this law shall not for that reason alone have the right to vote in elections to the Town Council. Should they have the right to vote on other grounds, they shall be ranked within the electoral rolls on the basis of those grounds alone.

 

§ 12.

Restriction of enfranchisement of persons.

The right to vote of persons listed in § 1, No. 2b through g of the municipal code is contingent on their having their regular place of residence within the town of České Budĕjovice/Budweis when the electoral rolls are placed on public display, with the exception of those persons assessed a direct state tax within the town. They shall be placed within the electoral body that corresponds to the direct taxes assessed them annually within the community, regardless of personal status.

 

§ 13.

Right to vote of co-holders of real estate or public partners of a corporation.

Should some of the co-holders of a piece of real estate or public partners of a corporation be registered in one cadastre and some in the other, the collective vote shall be divided into two votes. The ranking of those votes within the electoral rolls shall be based on the proportion of real estate or corporate earnings taxes paid by the Czech and German participants.

Should such a participant already possess the right to vote on other grounds, however, his share of the taxes paid shall be credited him only for purposes of ranking him within the electoral rolls. He shall not receive a second vote.

 

§ 14.

Exclusion from the right to vote.

In addition to persons excluded from the right to vote in accordance with other legal provisions, those persons are excluded whose claim to the vote is contrived.

The following shall be considered contrived claims to the right to vote:

a) tax assessments effectuated with the intention of influencing the proportional distribution of seats within individual electoral bodies (§ 10), involving particularly personal income, earned income, unearned income, or salary tax assessments based on false itemizations of receipts and expenditures; property tax assessments brought about through the partitioning of real estate; etc.

b) with the same intention as above, granting the right of domicile to one or more persons, should that grant not be triggered automatically by years of residence, and should that grant cause enfranchisement in municipal elections or elevation of the voter to a higher electoral body.[3]

A petition requesting that a contrived claim to the right to vote be ruled invalid may be submitted to the political District Authority as soon as that claim has been established. Should the curias not yet be constituted, or should the Town Council have been dissolved, such a petition may be submitted by any enfranchised member of the cadastral community suffering harm. Otherwise, the petition may be submitted either by the curia of that cadastral community or by any member of the curia. The decision of the political District Authority may not be appealed, and in the cases described in a) above shall be made after consultation with the relevant tax authority. Should the petition be submitted before expiration of the deadline for objections to the municipal electoral rolls, the election shall not be held until the petition has been adjudicated by the political District Authority.

[Later version: Arrears in municipal surcharges do not constitute grounds for exclusion from the right to vote.[4]]

 

§ 15.

Excluded from the right to vote, furthermore, are those persons of the Czech or German race found by the political District Authority to have exploited registration in a cadastre not coinciding with their nationality in order to influence the proportional distribution of seats within individual electoral bodies (§ 10), and found to be numerous enough in relation to the voters of the relevant cadastral grouping to have hopes of realizing their intention. Should the curias not yet be constituted, or should the Town Council have been dissolved, a petition for the issuance of such a finding may be submitted by any enfranchised member of the cadastral community suffering harm. Otherwise, the curia of that cadastral community shall submit the petition, within the prescribed period for objections to the municipal electoral rolls. The decision of the political District Authority may not be appealed. Municipal elections shall not be held until the petition has been adjudicated.

 

§ 16.

Exercise of the right to vote.

Military personnel, designated in § 4, No. 1, exercise the right to vote, should they possess it, through proxies. All other persons of legal majority shall exercise their right to vote in person. The right to vote of persons not of legal majority, as well as of legal persons, shall be exercised by their representatives (§ 2, No. 2). Co-holders of real estate and public partners of corporations who are entitled to a joint vote shall encharge one person from among themselves, or a third party, to exercise the vote. In the case of a husband and wife living in a state of matrimony, the right to vote is exercised by the husband.

 

§ 17.

Objections.

In the first elections held under this law, the preparation and revision of the electoral rolls shall be carried out by the mayor, in agreement with the members of the cadastral commission. In subsequent elections, the mayor shall prepare the rolls in agreement with the chairmen of the curias. [Later version: In case of disagreement, the head of the political District Authority shall settle the matter, without possibility of appeal.] In the electoral rolls, it shall be indicated to which national cadastre each voter belongs.

Objections to the electoral rolls must be submitted within a period of 14 days. The person lodging an objection has the right to do so also regarding the cadastre to which he does not belong. The membership of the voter in the national cadastre may not be challenged, however, if the nationality listed in the electoral rolls agrees with the voter's official registration in a cadastre. Should that registration not yet have acquired official status, then it shall be decided in connection with the adjudication of the objection. [Earlier version: Objections shall be submitted individually for each case.]

Should an objection have as its goal the removal of a person from the electoral rolls, he shall be informed, and given the opportunity to present his side of the matter, orally or in writing, to the mayor within three days.

Objections to the electoral rolls shall be decided by the Objections Commission within 14 days.

Decisions of the Objections Commission may be appealed also when the requested correction was approved. The person affected by the decision shall be informed of it.

Once the objections have been adjudicated, the mayor and members of the cadastral commission (in subsequent elections, the chairmen of the curias) shall reapportion the voters among the electoral bodies, should that prove necessary in order to restore the tax ratios set out in § 14 of the municipal electoral code.[5] Voters registered in both cadastres shall vote with that cadastral grouping which proves to have the majority within the relevant electoral body, provided they did not petition during the objection period to be placed within the other grouping. Should such a petition be made by enfranchised persons, it shall be binding for subsequent elections as well, provided that the person remains registered in both cadastres.

[Later version: In case of disagreement regarding reapportionment of voters among the electoral bodies, the head of the political District Authority shall settle the matter, without possibility of appeal.]

On the basis of the corrected electoral rolls, separate lists of the German and Czech cadastral groupings shall be prepared, and used in the course of the elections.

 

§ 18.

Identification cards and ballots.

For elections to the Town Council, voters shall be issued identification cards by the mayor. They shall specify the voter's electoral body and current numerical ranking within the electoral rolls of the cadastral grouping; the place, day, and hour at which voting shall commence; [Later version: the hour at which voting shall end;] and the voter's name and address. Identification cards shall be delivered to voters at their place of residence; delivery shall be arranged by the mayor. Voters shall also be notified through customary channels that should delivery for any reason not prove possible within 24 hours of election day, they may pick up their identification cards in person at a place to be designated in the announcement. Should a voter request a duplicate of an identification card to replace one that has been lost, the mayor shall issue one.

Together with identification cards, voters shall be issued ballots for elections to the Town Council. Ballots must be furnished with the official seal of the municipality, and with a notice that any ballot not issued by the authorities shall be considered invalid. Should a voter request a new ballot to replace one that has been lost or spoiled, the mayor or, on the day of the election, the head of the electoral commission, shall issue one.

The proclamation of an election shall specify how many representatives each cadastral grouping shall elect in each electoral body; this figure is decisive for voting in the cadastral groupings of the individual electoral bodies (§ 23, municipal electoral code). The cadastral grouping having more voters shall vote first.

 

§ 19.

Election procedures.

Voting for each cadastral community shall be supervised by a separate electoral commission.

Should the number of voters make it desirable to establish more than one electoral commission for each cadastral community or for individual cadastral groupings, then the mayor may so order. The procedures for assigning voters to the individual commissions shall be included in the electoral proclamation.

In the first election held on the basis of this law, each electoral commission shall be comprised of the mayor or a Town Board member determined by him, as chair, and four members of the Town Counselor who belong to the cadastral grouping that is voting, and are themselves eligible for election. They shall be chosen by the chair. In subsequent elections, each electoral commission shall be comprised of the chairmen of the relevant national curia, his deputy, or another member of the curia chosen by it, as chair, and four members of the cadastre who are chosen by the curia, and are themselves eligible for election.

Should the parties competing in the elections so desire, 5 to 10 [Earlier version: 2 to 5] spokesmen from the ranks of the enfranchised may be designated, who shall have the right to be present at the election until the announcement of the results.

…. Only voters possessing an identification card have permission to enter the polling station; after casting their ballot, they shall leave the polling station immediately.

....

The electoral rolls shall not be read. Voters shall vote in the order in which they present themselves.

The electoral commission shall have the power to rule on whether a person may vote or on whether a ballot is valid only in the following cases:

a) if doubt arises during the casting of a ballot concerning the identity of the voter;

b) if the validity of a proxy or identity card is disputed;

c) if the validity or invalidity of individual ballots that have been cast comes into question; or

d) if objections are raised in the course of voting concerning the right to vote of a person registered in the electoral rolls.

Objections of the sort listed in a, b, and d may be made not only by members of the electoral commission but also by voters, either orally or in writing, provided that the person whose right to vote is being challenged has not yet voted. Objections of the sort listed in c may be made only if it is claimed that the person in question lost his right to vote since the placing on public display of the electoral rolls. The electoral commission shall render a decision in each case before voting shall continue. Challenges to those decisions are possible only as objections to the electoral procedure.

....

 

§ 20.

Composition of the Town Board.

The Town Board is composed of the mayor and at least eight Board members.

The mayor is elected by the Town Council from among its midst. Board members are elected by the curias from among their midst, according to the ratio of their Council members. Should calculations for the apportionment of Board positions yield a fractional result, the larger fraction prevails. Should the fractions be one and the same, the case shall be decided through the drawing of straws.

The curia to which the mayor does not belong elects the first Board member, and the other curia the second. The remaining Board members are elected in the same fashion, with the two curias alternating.

Should the Town Council members of one of the two curias amount to less than one-third of the total, the election of Board members proceeds such that after the election of the first Board member, the majority curia elects its Board members first, then the minority curia.

 

§ 21.

Election of the mayor.

….

 

§ 22.

By-elections.

....

 

Part the third.

Language use in the town of České Budĕjovice/Budweis.

 

§ 23.

Communication with members of the public; adjudication of submissions by members of the public.

In written and oral communication with members of the public, the municipality employs that language of the land used by the member of the public.

Written or oral submissions by members of the public shall be answered in the language of submission. The same language shall be used also in the course of all internal administrative action concerning adjudication of the case. This provision does not affect communication with government offices and agencies [s úřady zeměpanskými a jinými/mit Behörden und Ämtern].

 

§ 24.

Proclamations.

Public announcements and documents meant for public consumption shall be composed in both languages of the land. [Inserted in the later version, by hand: Public squares and streets shall also be labeled in both languages of the land.]

The national cadastres shall be kept in the language of the cadastral community in question. Voters registered in both cadastres shall be registered in the electoral rolls and in the special lists prepared for use in the course of elections (§ 17, final paragraph) in both languages. All other voters shall be registered in the language of the cadastral community to which they belong.

 

§ 25.

Language use in municipal meetings.

In meetings of the Town Board, Town Council, and the commissions, discussion of any given matter shall take place in the language in which the matter is to be settled. Matters subject to a vote shall be presented in both languages of the land. [Earlier version: Otherwise, every member of the Town Council is free to use his language of the land.] [Later version: Otherwise, every member of the Town Council is free to use either of the two languages of the land.]

 

§ 26.

Official language.

The municipality may designate one of the two languages of the land as its official language, provided that such designation is not to the detriment of the provisions above.

 

Part the fourth.

Jurisdiction of the curias, and economic consideration of both nationalities in municipal affairs of the town of Budweis/Budĕjovice.

 

§ 27.

Jurisdiction of the curias.

The jurisdiction of the curias covers the following, in addition to those matters assigned through other legal provisions:

a) election of the curia chairman and his deputy from among members of the curia,

b) carrying out of elections of commissions and municipal representatives in representative and administrative bodies, for those elections whose organization is the responsibility of the municipality. If the law does not provide otherwise, the number of representatives in every representative and administrative body shall be apportioned between the curias according to the ratio of their Town Board members.

c) defense of the legally sanctioned national interests of the curia [Later version: cadastral community],

d) administration of the assets of the cadastral community, supervision of that administration, setting of an annual budget of receipts and expenditures, and setting of the cadastral tax surcharge (§ 34). Furthermore, the contracting of loans or secured obligations for national purposes, and the preparation of an annual financial balance of the curia. Loans for national purposes may be taken on only if the repayment period is reasonable, and payments of interest and capital on the loan, as well as on additional, already existing debts of the same nature, do not exceed 6.6 per cent annually of those direct taxes subject to the national tax surcharge, and assessed members of the cadastre at the end of the previous year. Decisions by the curias regarding loans or secured obligations must be approved by the District Assembly;

e) adjudication of complaints regarding measures taken by the chairman of the curia.

The curias shall be convened according to need. Sessions shall be convened and chaired by the chairman, or, in his absence, by his deputy. In other matters, the business of the curias must be conducted in accordance with the provisions in §§ 42-50 of the municipal code.

 

§ 28.

Language use of the curias.

The Czech curia uses the Czech language, and the German curia the German language in all aspects of administration.

 

§ 29.

Disputes over the apportionment of Town Council seats between the curias.

In case of disagreement concerning the apportionment of seats between the curias in the election of Town Council members and their substitutes (§ 10), of Board members (§ 20), and of commissions and representatives of the municipality in representative and administrative bodies (§ 27), the head of the political District Authority shall settle the matter. His decision may not be appealed.

 

§ 30.

[Later version: Swearing-in.]

Jurisdiction of the chairman of the curia.

[Later version: Upon taking up their offices, the chairman of the curias and their deputies shall be sworn in, in accordance with § 28 of the municipal code.]

The chairman of the curia serves in matters concerning the cadastral community as chief administrator and executive. His deputy is obliged to assist him in those capacities, and to represent him in his absence.

It is the duty of the chairman to administer the assets of the cadastral community, to represent it to the outside world, to sign documents, to carry out decisions of the curia, or to halt their implementation, in accordance with §§ 55, 56, and 57 of the municipal code.

The mayor is obliged to provide the curias with the staff necessary for them to carry out their functions.

 

§ 31.

Allocations for national purposes.

Within the limits set by law for allocations[6] by municipalities, allocations for national purposes are permitted, provided that more than half of the members of both curias are present when the Town Council votes on the matter, and provided that the proposal passes with an absolute majority of those present, as well as of each curia.

Furthermore, the curias have the right, within the limits of the municipal code, to approve public allocations for national purposes and to raise the necessary funds through the assessment of a surcharge to direct taxes paid by members of the relevant cadastre—excepting taxpayers not required to pay municipal surcharges.

Annual expenditures on such allocations may not exceed 10 percent of those direct taxes subject to the national tax surcharge and assessed members of the cadastre at the end of the previous year. Included in calculations will be payments of interest and capital on loans taken out for national purposes, as well as encumbrances from any secured obligations that might already exist, or be expected (§ 27). [Later version: Expenditures for educational purposes are not to be included. (See § 34)]

 

§ 32.

Consideration of both nationalities in the hiring of municipal administrative staff.

In the hiring of administrative staff for the municipality, as well as for institutions administered by the municipality, fair consideration must be made, such that members of both nationalities are hired at every rank in proportion to their representation in the curias.

For this purpose, records of the rank of Czech and German municipal employees shall be maintained.

Municipal employees on active duty when this law comes into force shall be classified as Czech or German on the basis of whether they are registered in the Czech or German cadastre upon completion of the correction process (§§ 5 and 8).

In future, should the minority curia claim on the basis of the first paragraph above that a particular municipal position should be awarded to a member of its own nationality, then the curia must so state during discussion of the matter in the Town Council, before voting. Should the claim of the curia be denied, it may appeal the decision to the District Assembly. Should the official finding be that the claim was valid, then the Town Council shall be obliged to offer the next position of the same or higher category to one of three appropriately qualified applicants recommended by the curia whose rights were infringed. Employees hired with the recommendation of a curia shall be counted as part of it, even if they are registered in the cadastre of the other curia.

 

§ 33.

Consideration of both nationalities in the awarding of contracts for goods and services.

In the awarding of contracts by the municipality and by municipal institutions for goods and services, bidders of both nationalities shall be considered, assuming equal quality and price, according to the ratio of direct taxes subject to surcharges that are assessed the members of the two cadastres.

Should the minority curia object during discussion of the annual financial balance that the nationality represented by it did not receive its rightful share of contracts for goods and services during the previous administrative year, the Town Council must immediately assign a committee to investigate the complaint. Should the dispute not be settled by agreement between the two curias, the Town Council must decide within 30 days whether and to what degree the complaint is justified, and how to satisfy the claim made. Should the Town Council fail to arrive at such a decision within the allotted period, or should one of the curias be dissatisfied with the decision made, then within 14 days of the 30-day period having lapsed or of the Town Consult having made a decision, an appeal may be made to the District Assembly. Should the complaint submitted by the curia be officially recognized as justified, the political District Authority, taking into consideration the suggestions of the appellant curia, shall take action in the name and at the expense of the municipality, such that the claim by the curia shall be met—as much as possible, by assigning members of the relevant cadastre a proportionally higher share of contracts for goods or services in the same or in the following administrative year. The Town Council has the right to respond to the suggestions of the curia within an appropriate time period, to be established by the political District Authority.

 

§ 34.

Cadastral tax surcharges.

For the purpose of covering expenditures for schools and for assorted other legal obligations, such as payments of interest and capital on loans or the financing of allocations for national purposes (§ 31), the curias may assess and collect a cadastral surcharge on those taxes subject to surcharges and paid by taxpayers registered in the relevant cadastre.

Persons registered in both cadastres shall be assessed a surcharge in each cadastral community calculated on the basis of 1/2 of the direct taxes subject to surcharges that those persons were assessed.

The cadastral surcharge is to be collected by the same authorities and through the same means as are state taxes.

The curias must deliver the necessary excerpts from the cadastres to the relevant authorities without delay, together with any subsequent changes.

Those authorities are obliged to notify the curias how much the taxpayers of each cadastre have been assessed in taxes subject to surcharges, and to permit the curias to examine and duplicate the relevant tax and surcharge assessments, as well as receipts.

The provisions of the fifth chapter of the municipal code apply regarding both cadastral surcharges and the financial administration of the curias more generally, inasmuch as the present law does not establish divergent regulations.

The cadastral surcharges are not to be calculated as part of the general municipal surcharges, for which approval from higher bodies is required.

The law of September 19, 1883, No. 51 of the Bohemian civil code, regarding the assessment of municipal surcharges by subordinate, autonomous offices, applies henceforth also to the curias and cadastral surcharges.

 

§ 35.

Supervision of the curias.

The provisions of §§ 99 and 102 of the municipal code shall apply also to decisions of the curias. The disciplinary power of the District Assembly, established in § 100 of the municipal code, is extended to include the chairmen of the curias and their deputies.

 

Part the fifth.

Executive provisions.

 

§ 36.

Purview of the law.

This law shall take effect on the day of its promulgation, together with the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the District Assembly in České Budĕjovice/Budweis; and together with the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the České Budĕjovice/Budweis municipal school system, as well as for all other school systems of the České Budĕjovice /Budweis School District in which there are both German and Czech public elementary schools, regarding school supervision, changes in the creation and maintenance of elementary schools, and attendance in them.

Otherwise the provisions of the municipal and electoral codes for the Kingdom of Bohemia, as amended, shall apply in the town of České Budĕjovice /Budweis, inasmuch as they do not stand in conflict with this law.

 

§ 37.

New elections to the Town Council in České Budĕjovice/Budweis.

As soon as the national cadastres have been created, new elections to the Town Council shall be prepared and carried out without delay.

The Town Council in office upon promulgation of this law shall continue in office even after the expiration of its term, unless subsequently dissolved, until the new Town Council has been constituted.

 

§ 38. [Deleted from both versions, by hand]

Expansion of the purview of this law.

This law shall be expanded to include other townships of the České Budĕjovice/Budweis District if at least 20 inhabitants of legal majority within a township so petition, and belong to the nationality that is either not represented at all within the local representative body or is in the minority, and if the political District Authority determines that at least one-third of the inhabitants of the township profess the nationality of the petitioners, and at least one-third of the total taxes paid by those entitled to vote in elections to the local representative body are paid by members of the nationality of the petitioners.

Should such a petition be submitted by the relevant local representative body, however, it shall be granted without any further inquiry.

Expansion of the purview of this law shall be accomplished by means of decree. The decree shall be issued by the Bohemian Governor's Office, in agreement with the Bohemian Executive Committee, after consultation with the local representative body and District Assembly, as well as with the Bohemian School Board, should school matters be involved.

The decree shall declare the law to be in effect either in its entirety or only in its essential provisions, in accordance with local conditions. Those essential provisions are as follows:

1. creation of national cadastres,

2. election of members to the local representative body, their substitutes, and Board members according to a ratio,

3. jurisdiction of the curias,

4. modification of the municipal electoral code regarding the right to vote of honorary burghers and burghers, exclusion from the right to vote of persons whose claim to the vote was contrived, election procedures, and election of the mayor,

5. language use in the local government.

 

§ 39.

Implementation of the law.

My Minister of the Interior is encharged with implementing this law, in collaboration with other participating ministers.

 

 

 

Law of this day __________, by which are issued special provisions regarding the District Assembly in České Budĕjovice /Budweis.

 

With the assent of the assembly of my Kingdom of Bohemia, I do hereby order as follows:

 

Article I.

Special provisions regarding the election of the District Assembly in České Budĕjovice/Budweis.

 

§ 1. [Deleted from both versions, by hand]

In those townships in which, in accord with § 18 of the law regarding district representation, only one representative is to be elected, and in which election of the local representative council takes place according to cadastral groupings, the council shall elect him from its midst. If more than one representative is to be elected, then the number shall be divided between the two curias of the council according to the ratio of council members belonging to each curia. Should calculations yield a fractional result, the larger fraction prevails. Should the fractions be one and the same, the case shall be decided through the drawing of straws. Each curia elects the representatives apportioned to it from its midst. If one curia is apportioned no representative, then all representatives shall be elected by the council from its midst.

 

§ 2.

For the purpose of electing members of the District Assembly for the district of České Budĕjovice/Budweis, it shall be made clear for every voter in the electoral rolls of the following electoral bodies whether the voter belongs to the Czech or the German nationality: great landowners; highest taxpayers in trade and industry; towns and marketplaces; and townships.

Voters who are registered in a national cadastre of a local government within the district [corrected manually to: within the local government of České Budĕjovice/Budweis] shall have their nationality listed in the electoral rolls accordingly. All other voters shall be registered by the political District Authority, according to conditions known to or investigated by it. Voters shall be sent notice of how they have been registered, and informed that they are free to petition for a correction of their national classification.

Such correction may be requested from the political District Authority, in the case of the first and second interest groups within the 14-day period prescribed for lodging objections to the electoral rolls, and in the case of the remaining interest groups within 14 days of receiving notification of having been registered.

....

The decision of the political District Authority regarding a petition for correction may not be appealed.

The identification cards that shall be issued to voters shall contain a designation of the national voting group and of the number of people to be elected.

 

§ 3.

On the basis of official registrations in the electoral rolls, it shall be calculated how many of the members of the District Assembly elected by each electoral body shall be allocated to its Czech voters and how many to its German voters, in accordance with the ratio between them.

Should calculations yield a fractional result, the larger fraction prevails. Should the fractions be one and the same, the case shall be decided through the drawing of straws.

Should calculations result in one national voting group having no representative, voting for the electoral body shall proceed on the basis of joint electoral rolls. Otherwise, the German and Czech voters shall be registered in separate rolls, and shall elect that number of representatives apportioned to each national voting group in separate electoral rounds.

By-elections shall be carried out by those electoral bodies or national voting groups from which the representative being replaced was elected.

 

§ 4.

The apportionment of seats among the national groupings (§ 3) shall be carried out by the political District Authority, in agreement with the District Executive Committee. Should agreement not be reached, the Bohemian Governor's Office shall resolve the matter, without possibility of appeal.

 

§ 5.

In the town of České Budĕjovice /Budweis, the election shall be conducted within each national grouping by a separate electoral commission. It shall be composed of the chairman of the relevant curia, who shall preside, and two members of the curia designated by him.

 

Article II.

Special provisions regarding the District Assembly in České Budĕjovice/Budweis.

 

§ 6.

The District Executive Committee in České Budĕjovice/Budweis is composed of the District Chairman and nine members, with seven elected as follows:

a) by representatives of the interest group of the great landowners 1,

b) by representatives of the highest taxpayers in trade and industry 2,

c) by representatives of remaining residents of the towns and markets 2,

d) by representatives of the townships 2 members.

The two remaining members shall be elected by all representatives voting together.

In the groups designated under b, c, and d, one member is to be elected from the national majority and the other from the national minority, provided that the number of representatives of the minority in groups b and c comprises at least one-third, and in group d at least one-fourth of the total number of representatives within the group. In these cases, by-elections shall be carried out by those national representative groups from which the representative being replaced was elected.

 

§ 7.

For a quorum, the District Executive Committee requires the presence of at least five members and the chairman, or his deputy.

 

§ 8.

In his choice of deputy, the District Chairman is limited to those members of the District Executive Committee who are members of the other nationality, provided that the number of such members is at least two.

 

Article III.

Language use of the District Assembly and District Executive Committee in České Budĕjovice/Budweis.

 

§ 9.

In written and oral communication with members of the public, the District Executive Committee employs that language of the land used by the member of the public, and in written and oral communication with local governments located within the district, their official language.

Written or oral submissions by members of the public or by local governments located within the district shall be answered in the language of submission. The same language shall be used also in the course of all internal administrative action concerning adjudication of the case. This provision does not affect communication with government offices and agencies.

 

§ 10.

Public announcements and documents meant for public consumption shall be composed in both languages of the land.

In the electoral rolls, voters who belong to one national cadastre shall be registered in the language of their cadastre.

 

§ 11.

In the course of deliberations by the District Executive Committee, District Assembly, and the commissions, discussion of any given matter shall take place in the language in which the matter is to be settled. Matters subject to a vote shall be presented in both languages of the land. Otherwise, every member of the District Assembly is free to use his language of the land.

 

§ 12.

The District Assembly may designate one of the two languages of the land as its language of deliberation and as the official language of the District Executive Committee, provided that such designation is not to the detriment of the provisions above.

 

Article IV.

Provisions regarding implementation.

 

§ 13.

This law shall take effect on the day of its promulgation, together with the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the protection of both nationalities in the town of České Budĕjovice/Budweis, through amendment and amplification of the municipal and electoral codes for the Kingdom of Bohemia; and together with the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the České Budĕjovice/Budweis municipal school system, as well as for all other school systems of the České Budĕjovice/Budweis School District in which there are both German and Czech public elementary schools, regarding school supervision, changes in the creation and maintenance of elementary schools, and attendance in them.

The District Assembly and District Executive Committee in office upon promulgation of this law shall continue in office even after the expiration of their term, unless subsequently dissolved, until the new District Assembly has been constituted.

As soon as national cadastres have been created in the town of České Budĕjovice/Budweis, new elections to the District Assembly shall be prepared and carried out without delay.

 

§ 14.

The laws concerning District Assemblies within the Kingdom of Bohemia remain in force for the District Assembly in České Budĕjovice/Budweis, inasmuch as the present law does not establish divergent regulations.

 

§ 15.

My Minister of the Interior is encharged with implementing this law.

 

 

Law of this day __________, by which are issued special provisions for the České Budĕjovice/Budweis municipal school system [deleted by hand:, as well as for all other school systems of the České Budĕjovice/Budweis School District in which there are both German and Czech public elementary schools], regarding school supervision, changes in the creation and maintenance of elementary schools, and attendance in them.

 

With the assent of the assembly of my Kingdom of Bohemia, I do hereby order as follows:

 

Section I.

Modification of school conditions in the České Budĕjovice/Budweis municipal school system.

 

Local school supervision.

§ 1.

In České Budĕjovice/Budweis, separate local school boards shall be created for the German and for the Czech schools.

The representatives of the municipality of České Budĕjovice/Budweis on both local school boards shall be:

1. the chairman of the co-national curia, who shall preside; [earlier version: In his absence, he shall be represented by his deputy, even if the deputy is not a member of the local school board;]

2. representatives and substitutes elected by the co-national curia.

Representatives of the remaining townships that send their children to school in České Budĕjovice/Budweis shall be elected by [later version: remainder of paragraph crossed out by hand, and replaced with "the school committees"] the co-national curias, as soon as national curias can be created in those communities. In the meantime, national cadastres shall be created in those communities in accord with §§ 14 ff, and the election shall be carried out by the school committee (§ 16).

 

§ 2.

Constitution of the local school board shall be announced both to the relevant curia (to the appropriate school committee) and to the District School Board.

 

§ 3.

The local school board shall be obliged to provide information, expert opinions, and recommendations also to the co-national curia (the co-national school committee).

 

District school supervision.

§ 4.

The Czech school system in České Budĕjovice/Budweis shall be assigned to the Czech section of the České Budĕjovice/Budweis School District. The German school system shall remain in the German section.

 

§ 5.

In České Budĕjovice/Budweis, as well as in townships that send their children to school there, the relevant co-national cadastral communities shall replace the local government in determining how many people represent each of the local governments belonging to the school district on the District School Boards.

The members of the District School Board, who shall be apportioned between the cadastral communities, shall be elected by the relevant curia (relevant school committee). If one cadastral community is apportioned no member, the chairman of the curia (school committee) shall participate in the election of the representative, in place of the mayor.

 

[Deleted from later version, by hand]

Kindergarten supervision.

§ 6.

The district school inspector of the German school system in České Budĕjovice/Budweis has the right, as does the district school inspector of the Czech school system, to visit the kindergartens and child care facilities in České Budĕjovice/Budweis overseen by the district school council of the other language, provided he announces his visit in advance to the district school council overseeing those institutions.

The supervisory power of each school authority over its kindergartens and child care facilities is not affected hereby. The district school inspector of the district school council of the other language has no right to issue orders or to give instructions in the course of his visit, which serves only informational purposes.

 

Elementary school attendance.

§ 7.

As a rule, only school children enrolled in the Czech cadastre are to be admitted to the Czech public and private elementary and secondary schools [školy obecné a měšťanské /Volks- und Bürgerschulen] in České Budĕjovice/Budweis, and only school children enrolled in the German cadastre to the German ones.[7] If necessary, the cadastral membership of children is to be proven through presentation of cadastral certificates.

Exceptionally, admission to public and private elementary and secondary schools shall be granted to children registered in the other cadastre, if authorization thereto by the competent custodial court is presented. Authorization is to be granted if the child commands the language of instruction well enough to be able to use it as a means of communication, and to express his thoughts and ideas.

To deliberations on such petitions, the custodial court shall invite representatives of the national curias (school committees) from the place of residence of the school-age child. Before rendering a decision, the court shall also consult with the director of the elementary school to which admission is desired.

Children whose cadastral membership is being challenged, and has not yet been officially determined, also require authorization from the competent custodial court in order to be admitted to a school.

Children registered in both cadastres shall be admitted to the German or Czech school, according to the wish of their parents or legal representatives. The same applies for children who live outside the school district [deleted from later version, by hand: in a township where national cadastres do not exist], provided that their admission is permitted by the law.

In the course of the school year, should it become clear that some children are unable to follow instruction in appropriate fashion because of insufficient command of the language, but have a sufficient command of the other language of the land, the District School Board shall order the removal of the children from the school, on the recommendation of the teachers' conference. The children shall then be obliged to attend a school of the other language. They must be admitted to the school of the other language, regardless of cadastral membership.

More detailed regulations shall be issued as a decree by the Bohemian School Board, in agreement with the presidency of the Bohemian Superior Court.

 

Expenditures on the elementary schools.

§ 8.

The České Budĕjovice/Budweis municipal school system shall be divided, without modification to its boundaries, into a German and a Czech school system. Each shall bear the costs of its own schools.

 

§ 9.

The German cadastral communities of the townships that send their children to school in České Budĕjovice/Budweis belong to its German school system, and the Czech cadastral communities to the Czech school system.

The financial needs of the school system shall be apportioned among the cadastral communities. Apportionment is on the basis of the ratio of direct taxes subject to surcharges assessed each cadastral community at the end of the previous year.

The financial needs of the school system are to be met by the relevant national cadastral communities through cadastral surcharges.

 

§ 10.

Taxpayers of the national cadastre in which the total of assessed taxes subject to surcharges is lower shall not be taxed at a higher percentage rate than taxpayers of the other national cadastre. The resulting deficit shall be covered by the school district.

 [Later version, first paragraph of § 10 deleted by hand, and replaced with the following:

Taxpayers of one national cadastre may be assessed a surcharge on direct taxes, for the purpose of covering school expenditures, at a rate no more than two percent higher than the rate assessed taxpayers of the other national cadastre. The resulting deficit shall be covered by the school district, with the limitation indicated in § 11.]

To this end, the local school board shall present its proposed budget for the following year to the District School Board in timely fashion, together with requisite evidence and explanations, for examination and approval.

 

§ 11.

[Later version, first two paragraphs of § 11 deleted by hand, and replaced with the following:

Should the budget proposal submitted to the district school council contain sums for the defraying of expenditures on school buildings, exercise fields, playgrounds, and other facilities necessary for elementary and secondary schools, only the amount required to pay interest and capital on a corresponding loan of appropriate duration, in no case shorter than 10 years, shall be used to determine the financial contribution of the school district.]

Expenditures on school buildings, as well as exercise fields, playgrounds, and other facilities necessary for elementary schools, shall be covered in the school system with a lower tax assessment through loans of appropriate duration, in no case shorter than ten years.

Only the sums necessary for payment of interest and capital on the loans shall be entered in the budget proposal of the relevant school system.

Permission for the contracting of loans for construction purposes shall be issued to the school system by the District School Board.

 

§ 12.

When the Czech and Germans school systems are constituted, each school system shall receive for its exclusive use those buildings used thus far by its schools, together with their grounds, equipment, and teaching aids. Common debt shall be separated in such fashion that each school system takes over further interest and capital payments on those loans that cover construction costs for buildings allocated to it.

Disagreements that arise hereby shall be resolved by the competent District School Boards, in mutual agreement. Should they fail to come to terms, the matter shall be presented to the Bohemian School Board, which shall decide the matter in plenary discussion.

 

General provisions.

§ 13.

Cadastral communities and curias (school committees) assume all obligations imposed on the local government or or its representative body by laws regulating the creation and maintenance of public elementary schools, together with attendance in them, and succeed to all rights conceded the local government or its representative body therein. In particular, the curias (school committees) are entitled to contest the budget proposals of the school systems.

The curias (school committees) also have the right to request enforcement of the law in cases of pupils being admitted or public elementary and secondary schools being created or expanded by the other cadastral community, when the provisions of this law are not observed.

So that the curias (school committees) might exercise this right, they shall be informed of the factual content of decisions by the school authorities, and shall be free to examine relevant files. A complaint submitted by a curia (school committee), however, does not have suspensive effect.

 

Section II.

Modification of school conditions in the remaining school systems.

Creation of national cadastres.

 

§ 14.

The above provisions regarding the municipal school system in České Budĕjovice/Budweis shall be used in analogous fashion for all remaining school systems of the České Budĕjovice/Budweis German and Czech school district in which German as well as Czech public elementary schools already exist, or will exist in future.

Each of these school systems shall be divided, without modification to its boundaries, into a German and a Czech school system. For that purpose, within those townships that form the České Budĕjovice/Budweis school district, national cadastres shall be created and officially recorded, as directed in the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the protection of both nationalities in the town of České Budĕjovice/Budweis, through amendment and amplification of the municipal and electoral codes for the Kingdom of Bohemia—until said law is expanded to include those townships.

 

§ 15.

The members of the cadastral commission shall be elected from the school committees. Until the school committee has been constituted, the appointment of members is the right of the District Executive Committee. Members must be taken from among members of the nationality for which the school committee is meant.

 

School committees

§ 16.

In townships in which national curias do not exist, their function shall be exercised by school committees, to be created for both national cadastres.

The school committee is elected by those members of the co-national cadastre in the relevant townships who have the right to vote in local representative body elections. Electoral procedures follow the relevant provisions of the municipal and electoral codes. Only one electoral body, however, shall be formed. Members of the Objections Commission shall be taken from the cadastre that is voting, and need not be members of the local representative body.

 

§ 17.

The number of members of the school committee shall be at least four, and at most eight. Terms shall last three years. Even after expiration of its term, however, the school committee shall remain in office until constitution of the new committee.

Eligible for election are all individuals eligible for election to the representative body of a township that sends its children to school in České Budĕjovice/Budweis. Loss of eligibility results also in exclusion from the school committee.

 

§ 18.

If the school district must cover more than half of the expenditures of a school system, per § 10, paragraph 1, the school committee shall not be elected. The district school council shall appoint members from among members of the cadastre of the nationality for which the school is meant.

 

§ 19.

The school committee shall elect a chairman and his deputy from its midst.

More detailed provisions for the individual school systems shall be issued by the Bohemian Governor, after consultation with the Bohemian School Board and in agreement with the Bohemian Executive Committee, regarding the number of members of the school committee, its conduct of business, and whether one or more school committees should be constituted for the territory served by the school system. Should a joint school committee be constituted for more than one township, preparation and administration of the election is the responsibility of the mayor of the township in which the school is located.

 

§ 20.

Upon the constitution of national curias in a township, they cease to be represented by the school committee.

 

Procedure for the creation of new schools.

§ 21.

In a place where a public elementary school is present only for one nationality, should a public elementary school be created for the other nationality, negotiations shall be led by the district school council that will supervise the school once created. Representatives of the national cadastres that are involved, should they already have been created, as well as a representative of the district school council of the other nationality, shall be invited to the negotiations.

 

Section III.

Provisions regarding implementation.

 

§ 22.

This law shall take effect on the day of its promulgation, together with the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the protection of both nationalities in the town of České Budĕjovice/Budweis, through amendment and amplification of the municipal and electoral codes for the Kingdom of Bohemia; and together with the law issued on ___________, No. ____ of the Bohemian civil code, which establishes special provisions for the District Assembly in České Budĕjovice /Budweis.

Those provisions of the laws of 24 February 1873, No. 17 of the Bohemian civil code, and 24 June 1890, No. 46 of the Bohemian civil code, regarding school supervision, as well as the laws of 19 February 1870, No. 22 of the Bohemian civil code, 24 February 1873, No. 16 of the Bohemian civil code, and 6 December 1882, No. 76 of the Bohemian civil code, regarding regulation of the creation and maintenance of public elementary schools, together with attendance in them, that are not in conflict with this law shall continue to apply within its purview.

 

§ 23.

My Minister of Church Affairs and Education is encharged with implementing this law, in collaboration with other participating ministers.


* Rudolf Wagner, Der Parlamentarismus und nationale Ausgleich in der ehemals österreichischen Bukowina (München: Der Südostdeutsche, 1984), pp.  195-247.

[1] The electoral bodies, three in all, divided the enfranchised population (less than 20%) on the basis of direct taxes paid, as well as personal status (burgher/honorary burgher; holder of academic degree, etc.). Each body elected 12 Council members, for a total of 36—although the first, wealthiest body had fewer than 200 voters, and the third body more than 4,000.

[2] Payment of a direct state tax qualified a person (or entity) for membership in an electoral body, with the amount determining which one. But burghers were members of the third body and honorary burghers of the first, even if they paid no taxes at all.

[3] Such grants, which required approval by a majority of the Town Council, had been abused in the past by German leaders in order to pad the electoral rolls.

[4] In the past, Czech leaders had objected that some Czech voters were being disenfranchised by the German-dominated Town Hall—which maintained falsely that they still owed municipal taxes.

[5] Direct state taxes paid by the members of each electoral body were to comprise one-third of the total for the town.

[6] to private organizations

[7] This provision follows—but expands, to include not only public schools but private ones as well—the Moravian Compromise's lex Perek ["Perek law," named after a Czech leader]. Repeatedly challenged in Moravian courts after 1905, the lex Perek ended up on appeal before the Austrian Supreme Administrative Court a number of times. In 1910, it ruled in one decision that the law had endowed local school boards in Moravia with the authority "to exercise the legal claim of their nation not to be deprived of children belonging [angehörigen] by law to that nation's schools." As the Court noted, through the lex Perek, "the free will of parents to choose which public elementary school their children will attend has experienced a fundamental curtailment, to the advantage of the national community [Verband]." Budwińskis Sammlung der Erkenntnisse des k.k. Verwaltungsgerichtshofes, Administrativ-rechtlicher Teil, vol. 34 (Wien: Manz, 1911), pp. 1734, 1742 (Case 7843A, 11 December 1910).