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Home , February 1925, March 1925, May 1925, October 1924

m municated to the Council C. 227. M. 83. 1925. 1. \the Members of the League.] E xtract from the Official Journal ().

LEAGUE OF NATIONS

Geneva, April 1st, 1925.

FREE CITY OF DANZIG

GENERAL REPORT BY THE SECRETARY-GENERAL FOR THE PERIOD - .

The Secretary-General has the honour to forward, for the information of the Council Lid the Members of the League, a general report as a reference document on questions concern­ ing the Free City of Danzig for the period from October 1st, 1924, to March 31st, 1925.

Questions o n t h e A g e n d a o f t h e T h i r t y - s e c o n d ( D e c e m b e r 1924) a n d T h i r t y - t h i r d (M a r c h 1925) C o u n c i l S e s s i o n s .

M. Quinones de Leôn, representative of Spain, acted as Rapporteur. His reports and the [fassions in the Council, as well as the resolutions adopted by the Council on each question, ” be found in the Official Journal as annexes to the Minutes of these Sessions.

1. Appointment of the High Commissioner of the League in Danzig (Document C. 654. M. 233. 1924, I).

On December 11th, 1924, Mr. M. S. MacD onnell was reappointed High Commissioner lor a further period of one year from February 22nd, 1925.

2. Protection of the Interests in Poland of Danzig Nationals and Organisations (the Schauer and Ruetzen-Kositzkau Cases).

The Danzig Government appealed against the High Commissioner’s decision of June 21st, [1923(document C. 88. 1924. I), and on September 9th, 1924, the Council requested a committee ^ jurists to examine, from the legal standpoint, the substance of the question dealt with in he decision. In its opinion (document C. 565. 1924. I, or Annex 697a, Official Journal, February 92o) the Committee expressed its agreement with the decision of the High Commissioner, as a result of an agreement concluded between the two Governments (document C. 751. !‘924, I, or Annex 697, Official Journal, ) the question was removed from the °genda of the December session.

3. Appointment of Danzig Consular Attachés at Polish Consulates.

Danzig appealed against the High Commissioner’s decision of November 18th, 1924 ■document C. 689. 1924. I, or Annexes 698a, 6986, Official Journal, February 1925), but the Ir^-rn Was withdrawn, an agreement having been reached on November 25th, 1924 (document I ■ 2, 1924. I, or Annex 698, Official Journal, February 1925).

4. Expenditure by the High Commissioner to secure Expert Advice2. lad-1” , the Council authorised the High Commissioner to use the funds Lu anc?d to him by the League in order to secure expert advice — should he deem it desir- L e~~m connection with the question of the transformation of certain corporations formerly I latlng in West Prussia (see No. 13 below).

1 preceding report, see document C. 580. M. 197. 1924. I, or Official Journal. , pages 1711-1713. e Secretary-GeneraTs note, see document C. 660. M. 236. 1924. I.

S'd'Nl 600 (F). + 675 (A). 4/25. Imp. d'Ambilly. 5. Expulsion of Danzig Nationals from Poland.

The Council, on September 13th, 1924, requested certain legal experts to give an opini I on the question whether that part of the High Commissioner’s decision of August 1st içpj (document C. 409. 1924. I), dealing with four definite cases of expulsion, was in conforms with existing treaties and with international law and international practice. The reply of th‘ j jurists (document C. 726 (1). 1924. I, or Annex 720a, Official Journal, February 1925) havinl been in the affirmative, the Council, on December 12th, 1924, confirmed the T Commissioner’s decision.

6 . Polish Railway Direction in Danzig.

As a result of the Polish appeal against the High Commissioner’s decision of Decembier 12th, 1922 (document C, 228. 1923. I), and in virtue of the Council’s resolution of December 12th, 1924, a committee of jurists was appointed to examine the question as to whether the High Commissioner’s decision was in conformity with the treaties, decisions and agreements in force. The committee having replied in the affirmative (document C. 87. 1925. I), the Council, on March 13th, 1925, confirmed (document C. 123. 1925. I) the High Commissioner's decision.

7. Commercial Treaties concluded between Poland and other Countries affecting Danzig (see below, Chapter IV. 1. C.).

8 . Steam Ferry between the Holm and the Mainland.

The High Commissioner’s decision of November 5th, 1924 (document C. 695. 1924. I), I against which Danzig had appealed (document C. 705. 1924. I), was replaced by an agreement (document C. 819. 1924. I, or Annex 722, Official Journal, February 1925) noted by the Council on December 12th, 1924.

9. Transfer of Certain Property of the former Prussian Vistula Administration.

As a result of the Council’s resolution of December 12th, 1924, the Rapporteur, assisted by two jurists (document C. 125. 1925. I) and the President of the H arbour Board (document C. 91. 1925. I), subm itted to the Council a report on certain aspects of the question dealt with | in the High Commissioner’s decision of November 9th, 1924 (document C. 696. 1924. I), against which Danzig and Poland had appealed (document C. 722. 1924. I). On March 13th, 1925, the High Commissioner’s decision was replaced by a resolution of the Council (document C. 126 (1). 1925. I) providing for an agreement to be concluded between the two parties and, failing an agreement, a final settlement of the question by an arbitrator to be appointed by the parties or, if necessary, by the High Commissioner.

10. Harbour Board Police : Execution of the High Commissioner’s Decision of June 6th, 1923.

On December 12th, 1924, the Council requested the President of the Danzig Harbour Board to submit a detailed proposal for a practical solution of the problem dealt with in the High Commissioner’s decision of November 9th, 1924 (document C. 697. 1924. I), against which Danzig had appealed (documents C. 717. 1924. I and C. 133. 1925.1). By a Council j resolution of March 13th, 1925 (document C. 178. 1925. I), the High Commissioner’s decision was replaced by the arrangement contained in the report of the President of the Harboui Board (document C. 99. 1925. I), which followed the general lines of the report adopted by the | Council at its December session.

11. Participation of Danzig at the Postal Congress.

In December 1924, t h e conclusions o f the High Commissioner’s decision of N ovem ber; 10th, 1924 (document C. 700. 1924. I), against which both Danzig and Poland had a p p e a le d (dow m ent C. 725. 1924. I), were confirmed after certain explanations had been given by j Rapporteur.

121. Principles applicable to the Conclusion of Agreements between Danzig and Poland

The High Commissioner’s decision of November 7th, 1924 (document C. 693. h against which Poland had appealed (document C. 716. 1924. I), was replaced by a rep adopted byr the Council on March 13th, 1925 (document C. 107 (1). 1925. I).

1 Questions 12-14 were postponed from the Council session in D “'■ember 1924. — 3 -

13. Transformation of Public Institutions : the Case of “ Die D anzig”.

On March 13th, 1925, the Council confirmed (document C. 124. 1925. I) the High Commis- . n„r’s decision of November 15th, 1924 (document C. 698. 1924. I), against which Poland A p p ealed (document C. 719. 1924. I).

14. The Application of the Polish Customs Law of July 31st, 1924, in Danzig Territory.

On March 13th, 1925, the Council adopted a detailed report on the subject and confirmed /document C. 108 (2). 1925. I) the High Commissioner’s decision of November 6 th , 1924 document C. 724. 1924. I), against which Danzig had appealed (documents C. 738. 1924. I lid C. 175. 1925. I).

1 5, General Questions, in particular the Question of Procedure in the Case of Appeals against the High Commissioner s Decisions.

On March 13th, 1925, the Council considered (document C. 189. 1925. I) certain general questions concerning Danzig-Polish relations and, in particular, the question of procedure (or dealing with Danzig-Polish disputes and the question of “ direct action ” in th e relations between Poland and the Free City. This matter was dealt with in a report from th e High Commissioner (document C. 155. 1925. I), submitted to the Council in virtue of its resolution of December 12th, 1924, and in a note from the Danzig Government (document C. 196. 1925. I). The Council asked its Rapporteur to submit detailed proposals on the matter by May 10th, 1925. With regard to “ direct action ”, the Council, while reserving to itself the right to decide in the last instance whether either Government had resorted to direct action instead of employ­ ing the methods of redress provided for in the treaties, left it to the High Commissioner to decide provisionally whether there had been direct action or not [in cases where it-might be dangerous to wait for a Council meeting.

16. Polish Postal Service in Danzig.

On March 13th, the Council examined the question dealt with in the High Commissioner’s decision of February 2nd, 1925 (document C. 71. 1925. I), against which Poland had appealed 'document C. 90 and C. 90(a). 1925. I), and requested the Perm anent Court of International Justice to^i ve, at an extraordinary session, an advisory opinion on certain questions involved (document C. 177. 1925. I). The following is a full list of the documents relating to the question : High Commissioner’s decision : C. 71. 1925. I ; (Polish notes : C. 90 and C. 90 (a.) 1925. I, — C. 176. 1925. I ; Danzig notes : C. 157. 1925. I, — C. 190. 1925. I, —• C. 191. 1925. I ; High Commissioner’s report : C. 19.1925. I, — C. 78. 1925. I ; Polish note : C. 55. 1925. I ; letter from the Acting President of the Council to the High Commissioner : C. 80. 1925. I ; Rapporteur’s report : C. 177. 1925. I.

II. P r e s id e n c y o f t h e H a r b o u r B o a r d .

On December 6 th, 1924, the Council noted the statement of Colonel de Reynier, President of the Danzig Harbour Board, that he was unable to accept reappointment, and expressed its thanks for the work he had done during his four years of office in Danzig. On March 14th, 925, Colonel Hugues de L o e s (Swiss) was appointed his successor for a period of three years from the date when he assumed his duties, his salary being fixed at 60,000 gold francs per annum (document C. 174. 1925. I). For the Secretary-General’s note, see document C. 34. 1925. I ; and for a pam phlet by colonel de Reynier on the activities of the Harbour Board during his Presidency, see docu­ ment C. 122. 1925. I.

III. D e c is io n s o f t h e H ig h Commissioner .

Since October 1st, 1924, when the last general report on Danzig questions was issued, e High Commissioner has given ten decisions, of which nine are mentioned under para­ graphs 3, 8-14- and 16 of Section I above. The tenth decision, dated October 18th, 1924, P which was not appealed against, concerns the adhesion of Danzig to the Polish-German °nvention of Breslau regarding through transit between Polish Upper Silesia and the rest of ° and through Germany. The High Commissioner decided that “ the request of the Free J to be joined as a contracting party to the Convention of Breslau of June 22nd, 1922, was e(juest 1° which the Polish Government is bound to accede ”, bv a a bo°klet containing the High Commissioner’s decisions given in 1924, prepared e Danzig Senate, see document C. 195. 1925. I. IV. Ot h e r Q u e s t io n s .

1. Participation oj Danzig in International Treaties and Conventions.

A. The High Commissioner, in a letter of October 30th, 1924, communicated the follow list of treaties and international agreements to which the Free City has adhered (the adhesi of Danzig to certain of these treaties has already been mentioned in previous reports) 1. International Telegraphic Agreement (St. Petersburg) dated July 10th-22nd, I875 2. International Radio-Telegraphic Agreement (London) dated July 5th, 1921 3. Sanitary Convention (Paris) dated January 17th, 1912. 4. Prohibition of Nightwork for Women in Industrial Undertakings (Berne) dafpri Septem ber 26th, 1906. ” 5. Prevention of the Use of White Phosphorus in the Manufacture of Matches dated Septem ber 26th, 1906. 6 . Suppression of the White Slave Traffic (Paris) dated May 18th, 1904 and May 4th, 1910. 7. Suppression of Obscene Publications dated May 4th, 1910. 8 . Protection of Industrial Property (Paris) dated March 20th, 1883, etc, 9. Protection of Literary and Artistic Works (Berne) dated November 13th, 1908 and March 20th, 1914. 10. International Postal Union of Mav 26th, 1906 (Rome) and November 30th 1920 (Madrid). 11. Collision of Ships and Assistance and Salvage at Sea (Brussels) dated Septem­ ber 23rd, 1910. 12. Preservation or Re-establishment of Rights in Industrial Property affected bv the WTorld-W ar (Berne) dated June 30th, 1920. 13. Exemption of Hospital Ships from Harbour Dues and Tolls (The Hague) dated December 21st, 1904. 14. International Circulation of Motor Vehicles dated October 11th, 1909. 15. Improvement in the Treatment of the Sick and Wounded of Armies in the Field (Geneva) dated July 6 th, 1906. 16. Opium Convention of January 23rd, 1912. 17. International Agreement for the Protection of Birds Useful to Agriculture dated March 19th, 1902. 18. Suppression of Traffic in W omen and Children (Geneva) dated September 30th, 1921. 19. Agreement for the Prevention of False Marks of Origin (Madrid) dated April 14th, 1891. 20. Agreement for the International Registration of Trade Marks (Madrid) dated April 14th, 1891. 21. The Brussels Agreement, Principal and Supplementary, regarding the Exchange between States of Official and Parliam entary Documents,dated March15th, 1886.

B. In reply to a letter from the High Commissioner datedDecember 1st, 1924, the Secretary-General stated that he did not believe that any objection could be raised on behalf of the to the adhesion by Danzig to the following international agreements : 1. Convention of The Hague of July 17th, 1905, relating to Civil Procedure. 2. General Convention of The Hague of July 17th, 1905 : (a) regarding the adjustment of conflicting laws relating to the effects 01 marriage on the rights and duties of husband and wife in their personal relations and on the property of married persons ; (b) regarding interdiction and similar measures of protection. 3. General Convention of The Hague of June 12th, 1902 : (a) regarding the adjustment of conflicting laws relating to marriage; (b) regarding the adjustment of conflicting laws and jurisdiction in the matter of divorce and judicial separation ; (c) regarding the protection of minors. 4. The Convention of Paris of March 14th, 1924, etc., regarding the Protection 0 Submarine Cables. 5. The Geneva Convention of September 12th, 1923, for the Suppression of the Circulation of, and Traffic in, Obscene Publications (League of Nations, docum ent M. 64. 1924. IV). C. O11 December 8 th, 1924, the Council noted a communication from the High sioner to the effect that his right of veto under Article 6 of the November Treaty shorn be applied to a number of commercial treaties which affect Danzig and w hich have concluded between Poland and Roumania, , France, the Allied P ° " e ^]1(j the Territory of Memel), Italy, Switzerland, Austria, the Kingdom of the Serbs, Croa ^ Slovenes, , Belgium and Luxemburg, Great Britain and the Irish Free State, ai Netherlands, - 5 —

n The High Commissioner has informed the Secretary-General that there appeared to ■ to be no ground for vetoing the Commercial Agreement concluded on March 22nd, 1924, hlLeen Poland on the one hand and Denmark and Iceland on the other, both of which affect Danzig.

2. The High Commissioner’s Post.

(a\ Contributions. The Danzig Government and the Polish Government have, since , ]ast report, paid to the Financial Administration of the League a total of 80,000 gold ncs__the su m required to'meetthe advances made by the League of Nations for the upkeep f the High Commissioner’s post for the third and fourth quarters of 1924. All arrears were

Pa‘d UP ^ e High Commissioner’s house. During its December session, the Council authorised the High Commissioner to submit to it at a later session proposals with regard to this question.

3. Financial Questions.

The Financial Committee, in February, and the Council, during its session in March 1925 (document C. 199. 1925. I), considered a request from Danzig to authorise the association of the League with a foreign loan to be raised by the Danzig Municipality. On March 14th, 1925, the Council gave its consent to the association of the League to this loan of one and a-half million pounds (nominal) to be used for the Municipality and under the agreement between the Municipality and the Harbour Board for the development of the harbour. For the relevant documents, see C. 204. M. 63. 1925. II and C. 225. M. 81. 1925. II.

4. Miscellaneous Questions.

(a) The Secretariat has received the annual report from Danzig for 1923 concerning the traffic in women and children. (b) It has also received information concerning the passport and transport facilities or Russian refugees in Danzig (Official Journal, November 1924, page 1714). (c) A hook prepared by the Danzig Senate! [containing Danzig-Polishagreements concluded during the period 1920-1923, which was mentioned in the last report, has been communicated to the Council (document C. 613. 1924. I). (d) The Memorandum on Balance of Payments and Foreign Trade Balances 1910 - 923, Vol. II, prepared by the Secretariat, contains a chapter on Danzig. (e) The Free City was represented at the first part of the Second Opium Conference îeld in Geneva in December 1924 - January 1925. (f) Certain information concerning the Danzig Bank of Issue was communicated to the Financial Committee of the League (document F. 195). (g) Data concerning intellectual life in Danzig has been furnished to the Secretariat for a report on the Intellectual Life in Danzig, see Bulletin of the International University 'nformation Office, October 1924).