47
political life. The Constitution of 1866 clearly ruled
that only Romanians were
eligible to vote and to stand for election. In addition, Jewish, or rather ‘alien’,
participation in local elections was forbidden under regular legislation; and
only Romanian citizens were allowed to hold public office. Some confusion
prevailed over Jewish civil rights, such as freedom of press and freedom of
assembly.
74
The law was not clear on this matter, and occasionally suppression
of the Jewish press and prohibition of Jewish public meetings occurred, based
on the argument that only Romanian citizens held freedom of press and
freedom of assembly.
75
Jewish residence in the countryside was restricted,
and rural Jews, as
aliens, were liable to expulsion. It should be emphasised that Jews were allowed
to reside in the countryside, although some pro-Jewish sources and studies
have sometimes argued otherwise. Jews, as aliens, had to possess an internal
passport before they could settle in another rural commune, and they had to
obtain a residence permit from the municipal council.
76
One of the most
controversial laws in Romania was the Aliens Law of 1881, which stipulated
that a foreigner residing in Romania could be deported from the country if he
threatened state security or public order.
Economic laws were related to the ‘peculiar circumstances’ of Romanian
Jews, as the leaders of the British Jews put it.
77
Although
the laws were
nominally directed against all foreigners, they referred to typical Jewish
activities. Their first main concern was with the sectors of national economy in
which Jews competed against the new Romanian middle class. The second field
targeted comprised of rural middlemen occupations, which were seen as being
exploitative of the peasantry.
The Jews, as foreigners, were not allowed to own land in the rural
communes, so they could not, in principle, be engaged in agriculture.
The ban
did not, however, cover land rental from the large landowners, although there
were occasionally some relatively half-hearted attempts to limit rental also. In
addition to
arendaşi, or renter-middlemen, a significant rural Jewish occupation
and the foundation of their economic power in the countryside was inn
keeping, which usually included alcohol and tobacco trade, and money lending.
The latter activity caused friction because of the allegedly usurious rates and
the connection of money lending with the alcohol trade; it was argued that
when the peasants borrowed money, they spent
it on alcohol that was so
conveniently available on the same premises.
78
74
Sincerus 1901, 194, 199.
75
For example, in 1902, when Jewish artisans wanted to hold a meeting to discuss the
new Trades Law, the Prime Minister at the time, Dimitrie A. Strurdza, argued that
Jews had no right to hold such a meeting because the right of assembly was a
political right.
AJA Annual Report 1901-1902, 18.
76
Gaster Papers, bound volume 2A, memorandum of a Romanian Jewish association,
April 1893.
77
FO 371/511/41368, Conjoint Committee secretary Charles Emanuel to Foreign
Secretary Edward Grey, 25 Nov. 1908, enclosure: Conjoint memorandum.
78
Parkes 1946, 96.
48
The laws against the Jewish alcohol trade in the countryside were not
effective, and, on the contrary, the number of inns
and taverns increased in the
late nineteenth century.
79
According to the law of 1873, only those who were
eligible to vote were able to obtain a license for selling alcohol in villages and
rural taverns, i.e. in the countryside. This did not apply to towns. Edmond
Sincerus, in his contemporary study on Romanian anti-Jewish legislation,
claimed that the law of 1873 eventually pushed the Jews out of the alcohol trade
in the countryside and that various officials of the municipal communes took
their place. Sincerus forgot, however, the usual Romanian habit of separating
the functions of the license owner and the person who actually handled the
trade. The latter was,
in many cases, a Jew, even if the owner was an ethnic
Romanian. As for the tobacco laws, the officials and vendors of the state tobacco
monopoly were all supposed to be Romanians, both in urban and rural
communes. However, the Jews continued to sell tobacco in the name of
Romanian entrepreneurs.
80
The Romanian government was also worried about hawking. It was
mainly Jews who were engaged in hawking in Romania, and therefore the law
of 1884, which introduced special permits for hawking,
hit hardest the poorer
section of the Jewish population. In the 1880s, the authorities still granted about
10% of all the permits to Jews, but the proportion of the Jewish hawkers
decreased considerably. This was the key reason for the first wave of
emigration of Romanian Jews in the 1880s, although the numbers involved then
were still insignificant compared to those at the turn of the century.
81
Anti-Jewish legislation that was connected with the development of
national industry and commerce could be understood as being about setting
limits on the more prosperous Jewish entrepreneurs — not the hawkers or small
traders. The Romanians created the Chambers of Commerce and Trade to act as
the main bodies representing commercial interests. Although the Jews formed a
large minority of
merchants and industrialists, they were not permitted to
become members in the Chambers, nor were they eligible to select
representatives for the Chambers. Moreover, the Jews were not given the
opportunity to be employed in major state financial institutions, for example the
newly established National Bank. The right of Jews to occupy administrative
positions of joint stock companies was limited, but not entirely forbidden.
82
When a factory was founded, two thirds of
the workers had to be native
Romanians after a five year period. Jews were not allowed to be employed in
the state railways, and 60% of all the workers in private railways had to be
Romanians.
83
There were further restrictions in the sphere of state security and
79
Schneider 1981, 203, 205.
80
Sincerus 1901, 25, 27, 30-31.
81
Schneider 1981, 437-440; Sincerus 1901, 65-66, 69-70.
82
Gaster Papers, bound volume 2A, memorandum of a Romanian Jewish association,
April 1893.
83
Joseph 1914, 73-74; Sincerus 1901, 94, 97-99. Although Joseph concludes that the two
third Romanian quotas ‘practically’ excluded Jews, the restrictions hardly meant
that. After all, one third of the private railway workers were allowed to be Jewish.