tinued as members.]

*538. Functions of the Diet.*--The powers of the diets are not
enumerated, but, rather, are residual. By fundamental law of 1867 it
is stipulated that "all matters of legislation other than those
expressly reserved to the Reichsrath by the present law belong within
the power of the Provincial Diets of the kingdoms and countries
represented in the Reichsrath and are constitutionally regulated by
such Diets."[686] In certain matters, naturally those of an (p. 487)
essentially local character, the diet may act with absolute freedom,
save that it is within the competence of the Emperor to veto any of
its measures. In other matters, such as education and finance, which
fall within the range of the Reichsrath's competence, the powers of
the diet are limited and subsidiary. A policy very generally pursued
has been that of formulating at Vienna general regulations for the
entire Empire, leaving to the diets the task of devising legislation
of a local and specific character for the execution of these
regulations; though it can hardly be maintained that the results have
been satisfactory. The diets are not infrequently radical, and even
turbulent, bodies, and it has been deemed expedient ordinarily by the
Imperial authorities to maintain a close watch upon their proceedings.

[Footnote 686: Law of December 21, 1867, concerning
Imperial Representation, Sec. 12. Dodd, Modern
Constitutions, I., 79.]

*539. The Commune.*--Throughout the Empire the vital unit of local
government is the commune. As is true of the province, the commune is
an administrative district, and one of its functions is that of
serving as an agency of the central government in the conduct of
public affairs. Fundamentally, however, the commune is an autonomous
organism, rooted in local interest and tradition. As such, it
exercises broad powers of community control. It makes provision for
the safety of person and property, for the maintenance of the local
peace, for the supervision of traffic, for elementary and secondary
education, and for a variety of other local interests. Except in
respect to affairs managed by the commune as agent of the Imperial
government, the local authorities are exempt from discipline at the
hand of their superiors, and, indeed, an eminent Austrian authority
has gone so far as to maintain that the communes of Austria possess a
larger independent compet