om the bonds of family, while all are
alike bound by a uniform socialistic tie, might put forward a claim of
this sort."[F]
[Footnote F: Bolko v. Katte, in the _Kreuzzeitung_ of November 18, 1910.]
Both objections are unconvincing.
So long as the State uses the proceeds of the inheritances in order to
liquidate debts and other outgoings, which would have to be met
otherwise, the devolution of such inheritances on the State is directly
beneficial to all members of the State, because they have to pay less
taxes. Legislation could easily prevent any accumulation of capital in
the hands of the State, since, if such results followed, this right of
succession might be restricted, or the dreaded socialization of the
State be prevented in other ways. The science of finance could
unquestionably arrange that. There is no necessity to push the scheme to
its extreme logical conclusion.
The so-called ethical objections are still less tenable. If a true sense
of family ties exists, the owner of property will not fail to make a
will, which is an extremely simple process under the present law. If
such ties are weak, they are assuredly not strengthened by the right of
certain next of kin to be the heirs of a man from whom they kept aloof
in life. Indeed, the Crown's right of inheritance would produce probably
the result that more wills were made, and thus the sense of family ties
would actually be strengthened. The "primitive German sense of law,"
which finds expression in the present form of the law of succession, and
is summed up in the notion that the family is nearer to the individual
than the State, has so far borne the most mischievous results. It is the
root from which the disruption of Germany, the particularism and the
defective patriotism of our nation, have grown up. It is well that in
the coming generation some check on this movement should be found, and
that the significance of the State for the individual, no less than for
the family, should be thoroughly understood.
These more or less theoretical objections are certainly not weighty
enough to negative a proposal like that of introducing this Imperial
right of succession if the national danger demands direct and rapid help
and the whole future of Germany is at stake.
If, therefore, no other proposals are forthcoming by which an equally
large revenue can be obtained; the immediate reintroduction of such a
law of succession appears a necessity, and will greatly b
|