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In the "revolutionary period," while the young German Republic was gestating, Article 48 was invoked 138 times by Germany's first President, Friedrich ("Saddle-maker") Ebert—but in each instance there was a clear "emergency"; riot, insurrection or a putsch. Old Paul, as Germany's second President, had invoked Article 48 only seven times up to last week, always with the consent of the Reichstag, and mostly as the quickest legislative way to cancel outworn laws. Last week with the Fatherland profoundly at peace, did mere Socialist obstruction of the Budget considerably disturb or endanger public security?
Old Paul von Hindenburg and "Iron Cross" Briining decided that it did. With a Presidential decree invoking Article 48 in his pocket, the Chancellor faced the Reichstag for a showdown on Budget Article 11. When the vote went against him 256 to 204, when the Reichstag began to resound with shouts of "Resign! Re- sign!", Herr Brüning, speechless and pale for a moment, suddenly flushed dark red, shouted above the tumult:
"Meine Herren, in the name of the Government, I have to declare that it no longer places any value on this debate!"
The Budget was then passed by decree under Article 48. It contains drastic cuts in Federal expenditures, imposes an extraordinary income tax on Federal employes, and lays upon the German populace a new surtax upon incomes of more than $2,000, also a bachelor tax and a spinster tax.
Immediately after the decree had been issued Dr. Rudolf Breitscheid, Socialist Leader, stormily addressed the Reichstag. He denounced Chancellor Briining's action as "frivolous and outrageous," accused President von Hindenburg of creating a "veiled dictatorship." Finally he protested that his party has not obstructed the Budget. "On the contrary," he shouted at "Iron Cross" Briining, "we have practically been running after you and were nearly prepared to commit harakiri, regardless of our own party interests, as the truest and most loyal supporters of the German State!" He left the Reichstag threatening to prepare a motion which if passed would void the presidential decree. In that case Old Paul could still have his way by decreeing dissolution of the Reichstag and then decreeing the budget all over again. But would he dare?
"Down with Hindenburg!" Two days later the Socialist motion was presented. Amid tense excitement it passed 236 to 221. Perfectly composed this time Dr. Briining opened his red dispatch case, drew out a paper and began to read. As the chamber caught his drift, deputies burst into furious shouts: "Down with Brüning! Down with the Government! Down with Hindenburg!"
Though he could no longer be heard Dr. Briining read on to the end, then folded up his paper and departed. He had done it. He and Old Paul had dissolved the Reichstag. The "veiled dictatorship" had become actual—for three months. Under German law a new Reichstag must be elected Sept. 14, convene Oct. 14.