With the taking over of the railroads the Commonwealth also acquires the right of expropriation and the sovereign powers of the States pertaining to railroad affairs. The Supreme Judicial Court decides controversies relating to the extent of these rights.
ARTICLE 91
The National Cabinet, with the consent of the National Council, issues the regulations governing the construction, operation and traffic of railroads. With the consent of the National Council it may delegate this authority to the appropriate national minister.
ARTICLE 92
The national railroads, irrespective of the incorporation of their budget and accounts in the general budget and accounts of the Commonwealth, shall be administered as an independent economic enterprise which shall defray its own expenses, including interest and the amortization of the railroad debt, and acc.u.mulate a railroad reserve fund. The amount of the amortization and of the reserve fund, as well as the purpose to which the reserve fund may be applied, shall be regulated by special law.
ARTICLE 93
The National Cabinet with the consent of the National Council establishes advisory councils for the national railroads to co-operate in deliberations concerning railroad service and rates.
ARTICLE 94
If the Commonwealth takes over the operation of railroads which serve as means of general public communication in any district, additional railroads to serve as means of general public communication within this district may only be built by the Commonwealth or with its consent. If new construction or the alteration of existing national railroad systems encroaches upon the sphere of authority of the State police, the national railroad administration, before its decision, shall grant a hearing to the State authorities.
Where the Commonwealth has not yet taken over the operation of the railroads, it may lay out on its own account by virtue of national law railroads deemed necessary to serve as means of general public communication or for the national defense, even against the opposition of the States, whose territory they will traverse, without, however, impairing the sovereign powers of the States, or it may turn over the construction to another to execute, together with a grant of the right of expropriation if necessary.
Each railroad administration must consent to connection with other roads at the expense of the latter.
ARTICLE 95
Railroads serving as means of general public communication which are not operated by the Commonwealth are subject to supervision by the Commonwealth.
The railroads subject to national supervision shall be laid out and equipped in accordance with uniform standards established by the Commonwealth. They shall be maintained in safe operating condition and developed according to the requirements of traffic. Facilities and equipment for pa.s.senger and freight traffic shall be maintained and developed in keeping with the demand.
The supervision of rates is designed to secure non-discriminatory and moderate railroad charges.
ARTICLE 96
All railroads, including those not serving as means of general public communication, must comply with the requirements of the Commonwealth so far as concerns the use of the roads for purposes of national defense.
ARTICLE 97
It is the duty of the Commonwealth to acquire ownership of and to operate all waterways serving as means of general public communication.
After they have been taken over, waterways serving as means of general public communication may be constructed or extended only by the Commonwealth or with its consent.
In the administration, development, or construction of such waterways the requirements of agriculture and water-supply shall be protected in agreement with the States. Their improvement shall also be considered.
Each waterways administration shall consent to connection with other inland waterways at the expense of the latter. The same obligation exists for the construction of a connection between inland waterways and railroads.
In taking over the waterways the Commonwealth acquires the right of expropriation, control of rates, and the police power over waterways and navigation.
The duties of the river improvement a.s.sociations in relation to the development of natural waterways in the Rhine, Weser, and Elbe basins shall be a.s.sumed by the Commonwealth.
ARTICLE 98
Advisory national waterways councils will be formed in accordance with detailed regulations issued by the National Cabinet with the consent of the National Council to co-operate in the management of the waterways.
ARTICLE 99
Charges may be imposed on natural waterways only for such works, facilities, and other accommodations as are designed for the relief of traffic. In the case of state and munic.i.p.al public works they may not exceed the necessary costs of construction and maintenance. The construction and maintenance costs of works designed not exclusively for the relief of traffic, but also for serving other purposes, may be defrayed only to a proportionate extent by navigation tolls. Interest and amortization charges on the invested capital are included in the costs of construction.
The provisions of the preceding paragraph apply to the charges imposed for artificial waterways and for accommodations in connection therewith and in harbors.
The total costs of a waterway, a river basin, or a system of waterways may be taken into consideration in determining navigation tolls in the field of inland water transportation.
These provisions apply also to the floating of timber on navigable waterways.
Only the Commonwealth imposes on foreign ships and their cargoes other or higher charges than on German ships and their cargoes.
For the procurement of means for the maintenance and development of the German system of waterways the Commonwealth may by law call on the shipping interests for contributions also in other ways [than by tolls].
ARTICLE 100
To cover the cost of maintenance and construction of inland navigation routes any person or body of persons who in other ways than through navigation derives profit from the construction of dams may also be called upon by national law for contributions, if several States are involved or the Commonwealth bears the costs of construction.
ARTICLE 101
It is the duty of the Commonwealth to acquire ownership of and to operate all aids to navigation, especially lighthouses, lightships, buoys, floats and beacons. After they are taken over, aids to navigation may be installed or extended only by the Commonwealth or with its consent.
_SECTION VII_
THE ADMINISTRATION OF JUSTICE
ARTICLE 102
Judges are independent and subject only to the law.
ARTICLE 103
Ordinary jurisdiction will be exercised by the National Judicial Court and the courts of the States.