LEAGUE OF NATIONS.

qoanunicated “to C*4-7S*1933*I# Thé"Cou^cïT^ '— ~ Geneva, August 14th, 1933,

FREE CITY OF .

SITUATION IN DANZIG.

Note by the Secretary-General.

Further to document C«331.1933.I end with reference to document C.463.1933.I, the Secretary-General has the honour, at the request of the High Commissioner of the League of Nations in Danzig, to communicate to the Council for information a letter, with annex, which the High Commissioner addressed to him on July 25th, 1933.

Translation. THE HIGH COMMISSIONER, ------LEAGUE OF NATIONS, THE .

Danzig, July 25th, 1933.

To the Secretary-General of the League of Nations, Geneva.

Sir, With reference to my letter of July 6th, communicating

to you the text of the judgment given on June 23rd, 1933, by the

Danzig Landgericht (Court of second instance) in the case of the

trade unions, I have the honour to transmit to you herewith, wit.1

the request that it be communicated to the members of the Council,

a supplementary petition which was lodged with me on July 25th,

1933, by one of the secretaries of the trade unions which were

signatories of the petition of May 13th, 1933 (see Document

C.331.1933.1.)•

I will duly forward to you any observations which the

Senate sends to me on this subject.

I have the honour to be, etc.

(Signed) Helmer R03TING,

High Commissioner. - 2 -

SUPPLEMENT

TO THE

PETITION SUBMITTED TO THE

HIG-H COMMISSIONER

OH VAY 15 th, 1935,

I.

Before the detachment of Danzig from the German Reich the "free” trade union movement in Danzig naturally formed part of the German trade union movement as a vttole. This necessarily ceased to be the case when the Free City of Danzig was brought into being, It is true that in the case of the unions of a number of particular trades in Danzig certain connections with the corresponding unions in Germany were maintain­ ed on the practical ground of community of cultural and social conditions, and in particular in virtue of the legal considera­ tions arising in connection with the property of the former imder the new regime. Certain unions (e.g, the Railwaymenfs Union) made provision in their statutes for complete separation from Germany»

In so far as a certain connection still remained in these circumstances, it was a matter exclusively of organisation, and could not be otherwise. The real functions of the trade unions, namely the representation of the workers in relation to the employers and the defence of their rights in relation to the authorities and Courts of the Free City, could only be exercised by the Danzig unions under the new regime, by acting independently and alone, having regard to the special circumstances of Danzig and to the provisions of . 3 -

The events of May 1933 in Germany led to the German "free" unions being dissolved or at any rate deprived of their character as ’’free" unions. They, in common with all other trade unions in

Germany, then came under National Socialist leadership.

II.

For the purpose of extending these conditions to Danzig, the following procedure was adopted.

Herr Ernst Kendzia of Danzig-Langfuhr applied for, and obtained, a Provisional Order from the Danzig Court of first instance (Amtsgerioht) against the Danzig trade unions and their leaders to the effect that all the capital assets of the Danzig unions were immediately to be handed over to himself. His Applica­ tion was based on the fact that under an Order of the Leader of the National Socialist German Workers Party in Germany, published in the MV51kischer Beobachter", a certain Herr Schumann had been appointed Head of the Workers’ Associations, and had delegated his powers in respect of the Free City to Kendzia.

The Danzig Amtsgericht disallowed the substance of the objection to the issue of the Provisional Order, and upheld the

Order and the Powers claimed by Kendzia on the ground that he had obtained possession of them by right of revolutionary law (durch revolutionSres Recht).

Comment on this decision of the Court is contained in a first Memorandum, which, for completeness, is attached to the present Memorandum as an Annex.

On appeal the Sixth Chamber (Civil) of the Danzig Court of second instance (Landgericht) disallowed the Provisional Order only in so far as it was directed against the Danzig trade unions as such, nr against certain persons not concerned as leaders of the

same, and upheld it in relation to the leaders c£ the Danzig unions. - 4 -

The Landgerichtf s decision was based on the following considerations :

"In the period immediately following the elections

to the German Reichstag of March 5th, 1933, as a result

of which the National Parties in Germany, and the National

Socialist German Workers Party in particular, at length

came into power, there was a progressive fbringing into

line’ (Gleichschaltung) of the trade union associations

and workers1 organisations in the Reich: that is to say}

an increasingly large number of trade union associations

and workers' organisations, e0g*, the 'Christian* trade

unions in Germany, together with unorganised workers, ralli­

ed to the new national movement, accepted the aims and

objects of the National Socialist Party as the Party at

the head of the national movement in Germany, and there­

by placed themselves under the leadership of Adolf Hitler

as the Supreme Leader of the National Socialist Party.

"This was equally true of the central associations

of the 'free' trade unions and the General German Associa­

tion of Trade Unions (Allgemeiner deutscher Gewerkschaftë-

bund)♦ Whether - as the Applicant in his Application

maintains, supporting his contention by a sworn statement

of Ludwig Brucker, nominee of the Reich Labour Minister

for the post of Head of the Reich Central Association

of Health Insurance Offices, Chief Editor Friederich

Fikentscher, and Association Syndic Helmut Reichnow,

dated June 10th, 1933 - the General Association of Trade “ 5 “

Unions had actually already "been f"brought into line* with the National Socialist Works Organisation on April

13th, 1933, at a meeting between the accredited representatives of the latter on the one hand and four members of the Managing Beard of the General Association

(Leipart, Grassmann, Eggert and Leuschner) on the other, is a matter cn which no opinion need bo expressed, The

General Association at any rate was ’brought j. into lino* ; and this development was followed shortly afterwards on May 21st, 1933, by similar action in the case of the

’free* unions in Germany of which the General Association is the central organisation, That is to say, the ’free- unions in Germany also all placed themselves under the leadership of the National Socialist Party and declared their acceptance of its aims and objects, and explicitly or tacitly submitted to Hitler's Leadership0 This development creates at any rate a new legal position in the case of the General Association and of the individual trade union associations, which must be taken into account as the basis of m y estimate of the legal situation in

Germany. Whether the process was at all points in accordance with existing rights of combination and association is a matter on which no opinion need be expressed in this connection, The point is not therefore whether objection to these proceedings was raised in any quarter concerned, or whether particular parties concerned submitted only because they were compelled to do so, as the Opponents of the Application contend. - 6 -

"In pursuenee of these proceedings Hitler as Leader

of the National Socialist Party issued an Order on May

10th, 1933, in which he further appointed the head of the National Socialist Works Organisation as leader

of the workers' associations. The subsequent publica­

tion of this Order of May 10th, 1933, in the leading

organ of the National Socialist movement in Germany»

the "V31kischer Beobachter,r, on May 11th, 1933, is not

otherwise intelligiblec The Court is unable to fo IIott

the argument of the Judge in the previous Court that the

Order in question was issued by right of revolutionary

law. It is no more than a case of administrative

action by the Leader in the exercise of the powers con­

ferred on him.

"Such is the existing legal position in Germany

as a result of the national revolution, and it must be

taken as the starting-point of any scrutiny of the powers (Akt 1 vlegitimation) of the Applicant to apply to

the Courts in the present dispute0

"By their submission the * free’ trade unions in Germany and the General German Association of Trade Unions

have made themselves subject to the orders of the Supreme

Leader and/or the chief appointed by him.

"The submission was unreserved, and its logical

consequence (as the event showed) was the transference -

in accordance with the principle of leadership for which

the Party has always stood - of all rights appertaining

to the former organs of association (Managing Board, Committees or Congresses) to the accredited person, namely

Schumann. Schumann's authority in his turn to appoint, subordinate

officers and delegate his powers to them is also in accordance

with the principle of leadership referred to, and may he assumed

without question, The Applicant lays claim to the rights of a

subordinate officer so appointed and empowered, and has shown

proof of the delegation of such rights by the submission of the

telegram from Schumann dated May 12th, 1933. The Applicant’s powers are restricted in two respects only :

"First, it has to be considered whether Schumann’s powers,

and consequently the powers of the Applicant, extend to the workers' organisations in the territory of the Free City of Danzig, that is to say, outside the territory of the German Reich.

"Further, il has to be considered whether the rights

claimed by the Applicant under the Provisional Order are covered

by Schumann’s actual powers, or whether they go beyond those powers

The Landgericht concludes on the basis of considerations

of fact that the answer to both these questions can only be

in the sense of confirming the powers of the Applicant (Kendzia)„

The objection that an extension to Danzig territory of rights conferred on Schumann, a German of the Reich, and delegated by

bin to Kendzia, constitutes an infringement of the freedom of

combination (Koalitionsrecht) guaranteed by the Danzig Constitu­

tion is rejected by the Landgericht in the following terms :

"It appears from the wording of the Application . , .

and of the Provisional Order of the Court of first instanc

in pursuance of the Application, that the Opponents of

the Application -°re only prohibited from the exercise of - 8 -

activities in connection with the unions of which thëy have hitherto been the heads. Their contention that the Provisional

Order restricts the freedom of association guaranteed by Articles

85 and 113 of the Constitution thus falls to the ground. On the other hand, as the administration of the property of the organisations in question is entrusted to the Applicant, and as he can only administer It if it is handed over to him, the

Application to that effect (No.l) is justified.”

III.

The LandgerichtTs Judgment is based on three findings, namely, that :

1. The German "free" trade unions have, de facto at any

rate, submitted to the leadership of the National

Socialist German Workers Party;

2. The totality of this submission is a logical con­

sequence of the principle of leadership for which

the National Socialists stand;

3. This submission also applies to the Danzig trade

unions, owing to the existing connections of the

latter with the German unions for purposes of

organisation.

With this single sentence to the effect that rights belonging to the former organs of association to the National

Socialist nominee, Schumann, is in accordance with the National

Socialist principle of leadership, the Court passes over all the objections raised by the Opponents of the Application to the purely political process of "bringing” bodies which play

important part in public life "into line" with the policy of National Socialism. - 9 “

The current law of association in force in Germany and

in Danzig knows nothing of any such dependence of the mongers of

associations on the will of the managing bodies they elect for

purposes, not of leadership, but of administrai!on. The lav/

in this matter is based on the conception of the corporate com­

bination of the members for the attainment pf the purposes they

have in view as formulated in their Statutes. The Civil Code

(Bürgerliches Gesetzbuch) accordingly leaves complete freedom

to associations in respect of the form they may assume, and that

even in their relation to the State, It confines itself to

ensuring that the'members have an equal share in the moral ana

material assets of the association.

Minorities are protected against changes in the pur­ poses of the association by the provision (§ 33ÿ paragraph 1,

sentence 2 of the Civil Code) that the consent of all the

members is legally required for any such changes ; and the

Supreme Court of the Reich (Reichsgericht) has expressly inter­

preted this provision as meaning that a decision by a majority

of members to change the purposes of an association involves

the withdrawal of the majority from the association, and that

the minority are in such case entitled to carry on the

association (Vol.119, pp.184 ff. of the Decisions of the Supreme

Court). This principle as clearly enunciated by the highest

German Court must govern the v&ole law of association. Where

the Statutes of an association expressly stipulate specific

exceptional powers for the regularly appointed organs of the

association, such powers may be valid ; but there is no question

of leaving the fate of associations to be determined by third

parties or by the State or referring, as the Judgment does,

to "de facto developments". - 10 -

Nor can there be any question of the organs of an

association having power to compel the association to submit

to any leadership other than that of the organs eleoted by, and

dependent on, the members as a whole.

The crucial point therefore "of the Landgericht*s

décision is the open recognition of the "revolutionary" penetra­

tion end transformation of the civil law of corporations, even

though the Landgericht rejects the Amtsgericht*s use of the

expression "right of revolutionary law". The point which the

Landgericht was called upon to decide was whether those powers

and forces, which in Germany have induced a dissolution and

transformation of hitherto accepted legal conceptions, are also

entitled to intervene in the shaping of the legal system of a

foreign State. To suggest, as the Landgericht does, in

agreement with the Amtsgericht and the Applicant, that the rights

at issue are only Private Law rights, is to beg the question.

The deprivation of Danzig citizens of their rights as a result

of legal developments in another State could only be tolerated

if the parties affected assented to such a metamorphosis of

their internal affairs. The influence of members of German

trade unions living outside Germany is not forfeited because the

organisation of a single party enjoying the protection of all

the resources of the German State has obtained the mastery over

every other organisation.

Nor again is it correct to represent the issue as a

question of civil rights with repercussions beyond the Reich

borders. The Landgericht itself states that the appointment

°f Herr Schumann was an administrative order by the German - 11 -

Chancellor in his capacity as Leader of the National Socialist

Party, In view of the complete identification in Germany of the power of the State with the will of this Partÿ5 such an order represents a step towards the subjection of the trade unions to the rule of the Reich or of the Commissioner set up by the Reich or Socialist Party under the protection of the

Reich. The effect of such interference beyond the borders of the Reich is therefore to subject foreign corporations to the dictates of the German Government, and this can never be treated as an issue of Private Law.

The fact that Herr Schumann does not himself take action in Danzig, but causes action to be taken by his nominee Hevr Kendzia, does not constitute a safeguard against such interference, since Herr Kendzia is dependent, on

Herr Schumann's directions. Herr Kendzia appears as Applicant in place of Herr Schumann for the purely formal reascsi that the Danzig Government can only deal with a Danzig trade union.

The Opponents of the Application in raising the question of Herr Kendzia's power to apply to the Courts

(Aktivlegitimation) had no intention of asking the Landgericht to consider the legality of events in Germany. But they asked, and were bound to ask, whether the legal position resulting from a political development in Germany could be allowed to deprive Danzig citizens of their rights. This question the Landgericht has left unanswered. Even if it ttere true, as the Landgericht in the latter part of its judgment asserts, that the Danzig trade unions are organically - 12 -

no more than subordinate sections of the German trade unions, that would not alter the fact that legally the Danzig unions are governed solely by Danzig law. So long as the Civil

Code still holds in Danzig, and - even more - so long as the

Statute of the Free City is there to protect the rights of members, no development in a foreign country can have any bearing on the persons or properties of Danzig citizens,

The effect of the right of combination (Koalitions- recht) which the Constitution guarantees is not exhausted with the establishment' of the right to form corporations. That right is indeed implicit in the principle of freedom of association. A far more essential and important corollary of the right of combination is the right of the workers to determine the nature and purpose of trade union activities by their own influence. Where this is no longer possible - and it is not possible consistently with the National Socialist ideology and the principle of "leadership" to which the

Landgericht itself directs attention - the basic idea of the right of combination is pro tan to stultified, and with it the Danzig Constitution. This standpoint finds expression in § 30 of the Law in Introduction of the Civil Code (Ein- ftlhrungsgesetz zum Btlrgerlichen Gesetzbuch) which contains the following reference to Danzig : "No foreign law shall be enforceable in Danzig, if its enforcement conflicts with public morality or the purpose of a Danzig law". - 13 -

The Danzig trade unions, if they were dependent fôr purposes of organisation on the German unions, were, and are, nevertheless institutions playing an important publio part in

the Danzig State in connection with wage questions, arbitration,

Labour jurisdiction and the training which they provide for their members in civic rights and duties ; and these functions

can never be surrendered to a foreign corporation, least of all

to a corporation which is henceforward bound to follow directly the instructions of a foreign State.

The legal position of labour as a whole (the principles of which are laid down in § 115 of the Danzig Con­ stitution and developed in concrete form in the Law concerning

the Establishment of Workers’ Committees of August 31st, 1926) is grounded in the right of the workers to delegate representa­ tives enjoying their confidence to negotiate collective wage agreements and to co-operate in the fixing of working con­ ditions and the settlement of labour disputes. This right is made of no account, if the officials of the trade unions, to whom the conservation of these privileges has hitherto been entrusted by the legislature, are to be nominated from outside and no longer to be elected or to require the confidence of the mass of the workers. The whole idea of industrial arbitration and labour jurisdiction is vitiated, if the interests of labour are no longer to be in the keeping of elected representatives of the workers but are to be handed over to the nominees of a. Party. Nothing remains of the rights enshrined in 8§ 113 and 115 of the Constitution and in

the legislative enactments in execution of these Articles, if

the attitude of the representatives of the workers’ interests

is to tie dependent on the dictates of a political doctrine

Prevailing in a foreign State. - 14 -

The Landgerichtfs Judgment further ignores the point that the right of combination as guaranteed in § 113 of the Danzig Constitution prohibits, not merely State

interference, but the interferenco of any element whatsoever in the corporations ■which the workers have created to protect their economic and political interests, The constitutional and legal rights which belong to the workers’ corporations set up under §§ 113 and 115 of the Constitution cannot be waived and cannot be ceded. 3ven a voluntary submission of the trade unions to the domination of the NSBO such as is alleged to have taken place in Germany, would be contrary to the Danzig Constitution and consequently invalid. The assumption in the Judgment of the Court that it is only

"a logical consequence” of the change in the legal position in Germany that the Danzig trade unions should be subjected to German law is even more inadmissible.

In consideration therefore of the fact that

Public Law rights of the workers, guaranteed by the Consti­ tution , are infringed, if not annulled, when developments in Germany are allowed to affect the Danzig trade unions, it was not for a Danzig Court to give way to the desire of the present leaders of the German trade unions to capture the leadership of the Danzig unions, even if the latter were dependent on the German unions for financial and organisa tory purposes. - 15 -

IV.

But even the dependence of the Danzig trade unions on the German trade unions for purposes of organisation is exaggerated by the Landgericht.

The only connection between the General Association of Trade Unions of the *ree City ofcd the General German

Association of Trade Unions was in respect of the conduct of international relations, which for obvious reasons of con­ venience was left in the hands of the latter* This connection of the two Associations in relation to foreign countries was undoubtedly admissible, so long as a far-reaching identity of culture ana political forms in feet existed, and was likely to continue, as between Germany and Danzig.

The relation of the individual Danzig trade unions to the German trade unions was similar in kind. Here too,.no steps were taken to effect a separation, so long as there appeared to be no necessity to do so in view of the community of language and lav/ which has until now prevailed, as well as on the practical ground that the Danzig unions were too small to allow of the establishment of separate relief systems or the inauguration of separate relations to the international trade union organisations. In Danzig itself none but the

Danzig unions ever came before the public, however close their financial connection with the German unions. The purpose of the Danzig unions was altogether separate and independent, and it was for this reason that they established a separate coverin? organisation of their own in the shape of the General Association of Trade Unions of the Free City of Danzig |or the protection of their combined interests, since they were no longer able to entrust the representation of those interests to a German organisation ; and for the same reason they provided this newly - 16 -

founded Association immediately after the detachment of Danzig

from the r-oich, with a body of Statutes in which there is no

trace of any connection with the General German Association.

Incidentally it may be pointed out that the Land- g e r ic h t has no sort of right to go outside the indications of the Statutes and to attach weight to extraneous considerations of fact in its judgment of the questions at issue. The

Statutes alone determine the rights of the members of an association. What may have survived in the nature of de facto connections is - for what it is worth - of historical interest only : in many cases it was probably no mox e than the natural consequence of personal relations between individual officials in Danzig and in Germany. On the really decisive point, name­ ly the question of the responsibility for the settlement of labour conditions, there is no trace in any of the Statutes of any one of the unions of there ever having been any dependence of the Dan;ig unions on the German unions.

V .

It has already been pointed out that, in its examination of the relation of the Danzig unions to the German unions, the Landgericht has treated the organisatory connection as decisive, ignoring the fact that the real function of the

Danzig unions, in the performance of which they were entirely independent, was the settlement of labour conditions and the representation of the interests of their members.

What has happened in Germany and, by the aid of the

Provisional Order, is now to be extended to Danzig, is a radical change in the nature of the "free" trade unions and in the purpose of the workers’ combination for the protection of - 17 -

their interests. The Landgericht's failure to appreciate the nature of the "free” trade union combinations is sufficiently apparent from the fact that it allows a third party, who is

not even a member of a union, sweeping rights to remove the

former officials, and hands over to him in addition all the papers and all the property.

The former managing officials were all elected by

the Danzig members. They d erivE their powers therefore from

the Danzig members even in those special cases where they

have nominally been appointed by the German central offices

for reasons connected with the legal aspect of the financial connection. The majority of them were paid cut of funds collected in Danzig, They held their positions only for so long, and in so far, as they possessed the confidence of the workers belonging to the Danzig unions. Their powers therefore were the fruit of a relationship by which they were bound in loyalty to the Danzig workers, a relationship with which the circumstance of the German unions having certain powers of control has nothing to do. The Statutes of the

German unions deal with this very point vf the influence which the central associations should have on the attitude and business management of the local groups : they deal with it, for reasons connected with past history, very

thoroughly : and they lay down that the central associations may send auditors and supervisors to the local groups, and that they may dissolve local groups which are recalcitrant.

But r.o Statutes know anything of the possioility of the central associations themselves taking over the conduct of

the local groups’ business. - 18 -

VI.

The effect of this provisional Order has been to

hand over the entire assets .f the trade unions to Herr Kendzia,

and to deprive the former heads of the unions of any present possibility of engaging in trade union work. This state of

things is due primarily to the action of the Amtsgericht in ordering a surrender of the assets to the Applicant hinself and not, as the law prescribes in the case of Provisional Orders

(in s11 but a very few special cases), to a Sequestrator. The

Amtsgericht considers that its injunction to the Applicant to

refrain from any disposal of the property constitutes a

sufficient safeguard for the Opponents of the Application. The

Landgericht adopts this view without any regard to the fact that the injunction, being without sanctions for its enforce­ ment , is without practical significance. The consequence is

that Herr l.endzia has now the disposal of the entire assets of the trade unions. He, and he alone, Is in a position to pay out relief, and to meet the other obligations of the unions to their members.

A further consequence is that all those workers who are at present dependent on the receipt of relief, or are apprehensive of finding themselves in thet position in the near- future , are compelled to remain members of the organisation which Herr Lendzia now dominates. So long as the property of the unions remains in his hands, those workers who for economic reasons cannot afford to stand aside until the position is finally cleared up, will continue to be powerless to do anything to prevent the leadership of the union ^remaining in' Herr lendzia’s hands without any possibility of control by the members.

Thsy can only look on while their property, accumulated out of their contributions for years past, is handed over en bloc to - 19 -

the dictatorial disposal of a single individual, whereas up till now they had the assurance that the money was being administered subject to careful and continuous control by the members themselves, and that the officials charged with the administra­ tion of it had only reached their positions after years of test and trial. The withdrawal of administrative powers from these officials is accordingly an act of interference, not merely with the service contracts of the Opponents of the Application themselves (as the Landgericht’s Judgment represents it), but a direct interference with the rightsof control, and so with the rights of ownership, of the members of the Unions. In this respect at least therefore t e Judgment violates the proprietary rights of the trade union members, which the Constitution protects, or at any rate exposes them to conditions of continuous jeopardy.

VII.

iîore th>.n this, it is already certain that the trade union movement will feel the ill effects of the provisional

Order to m even more serious, and (it is to be feared) a lasting degree. The former leaders of the unions have, it is true, endeavoured to create a new organisation for the period of uncertainty, which will at any rate provide that section of the workers which has the intention and the means of adhering to the "free” trade union idea withan instrument for the economic struggle. But eve- this section of the workers is already melting away, and must continue to do so in proportion as the period of uncertainty is prolonged. The position of the unions which have been 'brought into line;> gains ground in comparison with the new association of the workers, partly because of the pressure exerted by National Socialist employers - 20 -

in their works, and the direct interest of those workers who are in danger for political reasons of losing their positions and becoming dependent on the union relief, partly because of the systematically stimulated atmosphere of terrorism. Herr

Kendzie himself and the Danzig headquarters'.of the National

S o c ia list Party in Danzig are at pains to disseminate rumours, and even to put notices in the public Press, to the effect that only those trade unions which have been ”brought into line” have the right to take part in wage agr-.ement negotiations, and that no one who is not a member of such a anion has a right to unemployment relief, that no one else has a chance of finding vTork, and in a word that Kerr Kendziars organisation alone now counts in Danzig.

These rumours may all be false ; but they assume a very definite importance when it is found that in innumerable cases minor organs of the public services in sympathy with

National Socialism reply to applications or complaints which are addressed to them in a manner which entirely confirms the rumours, and that a number of employers - and not only those

-ho are in sympathy with the National Socialist Party - are driven by threats of the withholding of Government contracts

01 orders from Germany, and (it may be) also by political or personal influence, to put pressure on the workers employed by them to join the N.S.B.O., and to have nothing to do with the new workers ' association.

Most of these developments followed immediately on

“he issue of the Provisional Order. Since then, with the

Constitution of the National Socialist Government in Danzig, v-'e Process of discrediting the former trade union leaders, and heading systematic panic amongst the workers, nas gone on - 21 -

unchecked. No employer ventures any longer to resist the pressure exercised. The workers, under the impression of what has happened in Germany, do not believe that anyone will or can protect them from the resultant prejudice. In a number of cases already, officials of the new association have been taken into custody by the police with the avowed purpose of a settling of accounts with Herr Kendzia. In two cases the police have stopped meetings of the association by intimations to the owners of the restaurants in which the meetings were to take place that they would lose their licences if they allowed their premises to be used for the purpose. In one of these cases it was the Tobacco Workers who were to hold the meeting; and it will be remembered that the Provisional Order was disallowed by the Cpurt in the case of the President of the Tobacco Workers Association,

RompzaI A report on this incident published by the "Danziger

Vorposten" - and not contradicted by the Police - allows it to be understood that the prohibition of this meeting and the arrest of hompza were due to the instigation of the

N.S.B.O., to enable the latter to hold a meeting of their own at the same hour in the Tobacco Monopoly building!

The above considerations show that the Judgment of the Landgericht, whether legally tenable or not, has created a situation frankly inconsistent with the spirit of the Danzig Constitution, which was designed to be a demo­ cratic Constitution and as such received the guarantee of the League of Nations.

Danzig, July 22nd, 1933.