! Communicated to the Council.] Official No. : C. 1 07. 1934. 1.

Geneva, March '26th, 1934.

LEAGUE OF NATIONS

PROTECTION OF MINORITIES IN POLAND

PETITIONS FROM M. GRAEBE CONCERNING THE GRANTING AND WITHDRAWAL OF LICENCES FOR THE SALE OF ALCOHOLIC LIQUORS

Note by the Secretary- General :

By document C.86.1934.I, the Secretary-General circulated to the Council a note which he had received from the representatives of Portugal, Italy and the United Kingdom with regard to the insertion in the agenda of the next ordinary session of the Council of the question dealt with in the petitions from M. Graebe contained in documents C.483.1930.1. C.499.1931.1, C.13 and C.459.1932.I. The Secretary-General now has the honour to circulate to the Council the documentation concerning this question.

S'd- N- 350 'F.) 225 (A.) 3/34. Imprimerie Granchamp, Annemasse. C.86.1934.I.

NOTE FROM THE REPRESENTATIVES OF PORTUGAL, ITALY AND THE UNITED KINGDOM.

The representatives of Portugal. Italy and the United Kingdom on the Council of the League of Nations have examined, in pursuance of the Council resolution of October 25th. 1920, documents C.483.1930.I, C.499.1931.I, C.13 and C.459.1932.1, containing petitions from M. Graebe regarding the granting and withdrawal of licences for the sale of alcoholic liquors, together with the Polish Government’s observations in regard thereto. During their last meeting, held on January 16th, 1934, the above-mentioned representatives decided to draw' the Council’s attention, in accordance with Article 12. paragraph 2, of the Polish Minorities Treaty, to the question dealt with in the above- mentioned documentation. They accordingly request the Secretary-General to take the necessary steps to have this question placed on the agenda of the Council’s next ordinary session and to inform the Polish Government of their decision. Geneva, January 16th, 1934. ( Signed) H. V i a n n a . T. P e r a s s i . W. M a l k i n .

C.483.1930.1.

II. PETITION FROM M. GRAEBE, DATED JULY 2 8 t h , 1930, AND THE POLISH GOVERNMENT’S OBSERVATIONS THEREON.

[Translation.]

1. P e t i t i o n . To the Secretary-General of the League of Nations.

For years past, the German minority of Poznan and Pomerania has been suffering increasing injury from the fact that the authorities apply the laws concerning the granting and withdrawal of licences for the retail sale of intoxicating liquors in a manner prejudicial to members of the minority. Whereas, despite the tendency of the laws to restrict the number of establishments for the retail sale of liquor, the total number of such establishments has increased in both voivodships, not only is the grant of new licences generally refused in the case of German applicants, but licences actually in the possession of Germans are withdrawn, irrespective of the fact that these are, in the majority of cases, licences which have been in existence for some decades and which have, for years and tens of years, been in the hands of the holders affected by this measure. The German Deputies have endeavoured for years by personal negotiations with the competent Ministry of Finance and by representations to the competent Minister for Finance, to obtain a change in this practice and a revision of all the decisions infringing the minority’s rights to equality before the law, equal treatment and equal legal protection. All these efforts having proved vain, the German Parliamentary Club has just submitted a further memorandum to the Minister for Finance. The memorandum is dated April 16th, 1930. It was originally to have been handed over by the Deputy Tatulinski, a member of the German Club. As he wras unable to obtain an interview before the Minister or Vice-Minister went away on a holiday, the memorandum was sent by post on July 3rd, 1930. I have the honour, Sir, to communicate to you a copy of the operative part of this memorandum, which contains a summary of the facts, and would ask you to be good enough to take action on th e memorandum and on my letter, in accordance with the procedure laid down by the Council of the League of Nations for petitions. I beg the Council of the League to be so good as to support our efforts with a view to the re-establishment of equality. According to the result of our direct representations to the Minister for Finance, I reserve the right to submit further petitions to you. (Signed) G r a e b e , Deputy. * * *

[Translation furnished by the Petitioner.]

MEMORANDUM CONCERNING NOTICES OF WITHDRAWAL AND CANCELLATION OF EXCISE LICENCES.

To the Minister of Finance, Warsaw. Referring to the numerous negotiations carried on by certain members of our party with the representative of the Ministry of Finance responsible for excise licences, we beg to draw Your Excellency’s attention to the fact that, since the year 1921, the reduction in the number — 3 —

0f licensed premises in Pomerelia and Posen has attained dimensions which constitute an unbearable state of affairs for the german inhabitants of the former Prussian territory. The scheme of the hotels and licensed premises in the former Prussian territory includes :

(а) Hotels which also provide solid refreshment and intoxicating liquors ; (б ) Restaurants providing solid refreshment and intoxicating liquors ; (c) Licensed premises exclusively for the sale of intoxicating liquors ; (d) Groceries with stabling accommodation, licensed to retail intoxicating liquors for consumption on the premises and in bottles.

While the categories (a) to (c) may be looked upon as special undertakings for the serving of liquor to be consumed on the premises, the category [d) denotes a kind of business which, though it cannot actually be designated as a concern for the purpose of serving intoxicating liquors, in most cases maintains its existence from its licence to sell and serve alcoholic beverages. These concerns are mostly to be found in small market towns and the smaller towns up to 30,000 inhabitants, and cater for the convenience of the rural population by enabling the latter, not only to drive up to the premises and accommodate their vehicles thereon, but also to consume their own food, while ordering an accompanying drink. If these concerns are deprived of their excise licence, they lose at least half their customers, and, as most of the owners of this kind of business own land, half their land as well. The case of the undertakings designated in the categories (a) to (c) is even worse, if their licence is entirely cancelled, as such cancellation mostly means the impossibility of further existence. It should be remembered that visitors to hotels in the former Prussian territory expect to be provided with food and drink in the hotel itself (unlike Congressional Poland and Galicia, where the hotel merely provides lodging) ; hotel visitors avoid such houses as do not fulfil their expectations in this respect. From the factual material at our disposal we have — in the appended Annexes 1 to 5 — collected and annotated a few especially flagrant cases of the withdrawal of excise licences from racial German citizens and of the granting of new licenses to racial Poles. The annexes are arranged as follows : Annex 1contains cases of the deprivation of excise licences for trading and retailing intoxicating liquors with regard to premises as designated sub (a) of this memorandum (supra) ; Annex 2cases of deprivation of excise licences for trading and retailing intoxicating liquors with regard to premises as sub {b) of this memorandum ; Annex 3 cases of deprivation of excise licences for trading and retailing intoxicating liquors with regard to premises as sub (c) of this memorandum ; Annex 4 cases of deprivation of excise licences for trading and retailing intoxicating liquors with regard to premises as sub (d) of this memorandum. Annex 5contains cases which have come to our knowledge of newly granted excise licences, where the grounds for the grant are lacking •— viz., where the holder of the licence is neither a war invalid nor a person with a claim to a pension. The grant in these cases constitutes an injustice, having regard to the hundreds of cases of cancellation of excise licences affecting racial German citizens in such a way that their existence, if not entirely destroyed, has been so reduced that it is impossible for them to support their families, educate their children or hand over to adult children a business capable of existence.

Your Excellency ! It can neither be the will of the Legislature, nor can it further the national economy or serve to augment the Treasury of the State (Act dated July 31st, 1924, Letter A, Point 9) if a whole class of honest, industrious citizens is deprived of the means of existence or so restricted as to be reduced within measurable time to the ranks of the proletariat, because the use of long-held licences is taken from them. The facts prove that :

(1) The excise licence is granted when ownership passes from German to Polish hands ;

(2) It is impossible for racial German citizens to obtain new excise licences even when they are invalided ;

(3) Up to the most recent times, premises for the sale and consumption of intoxicating liquor are being newly established by national Polish citizens and that licences are granted for them even when it is a question of undertakings the need of whose existence may justifiably be doubted under the Act of April 23rd, 1920 ; — 4 —

(4) Licences are withdrawn from racial German citizens even when they are war invalids or designated as invalids by the District Medical Officer in consequence of bodily ailments ; (5) No licence is granted to racial German citizens even when a favourable expert opinion has been given by the administrative authorities of first instance and it is not a question of issuing a new licence, but merely of transferring the old licence, although in the same place and its immediate neighbourhood such transferences are made when it is a question of national Polish citizens. Assuming that Your Excellency is guided by the same benevolent spirit as the legislator who, according to the provisions, certainly contemplated reductions, but took into consideration the facts relating to the means of existence, the greatest possible care for national economy and, finally, the avoidance of special hardships for the national minorities, we beg to submit to you this memorandum with the respectful request that you lead the rigorous practice regarding the cancellation of excise licences into the sound paths of economic welfare and equal rights for all. We, therefore, address to you this our petition, asking that you give orders that: (1) The few excise licences remaining in German hands be maintained ; (2) In restricting the trade in and retailing of intoxicating liquors, the means of existence be in so far preserved that the undertakings listed under (a) to (d) on the first page of this memorandum be at least permitted to serve beer and inland wines ; (3) In the following especially urgent cases, more particularly described in the annexes, a new and exact investigation be instituted with the object of restoring the licences in question to their holders.

[Translation.]

2. L e t t e r f r o m t h e P o l is h D e l e g a t io n a c c r e d it e d t o t h e L e a g u e o f N a t i o n s , d a t e d S e p t e m b e r 1s t , 1930.

To the Secretary-General of the League of Nations. By a letter dated July 14th, you were good enough to forward to me a supplementary petition of June 22nd, 1930, from M. Heinrich Busch, an inhabitant of Brodno, and by a letter dated August 9th, 1930, No. 4/21225/2181, a letter from the Deputy Graebe, also relating to the case of licences for the sale of alcoholic liquors. Referring to the previous observations1 of the Polish Government, dated April 28th, 1930, No. 1446/30, concerning the questions raised in the earlier communications, I have the honour to inform you as follows : As the Polish Government has already emphasised, the question of the granting and withdrawal of licences for the sale of alcoholic liquor has nothing to do with minority rights. Nor is there anything in the facts quoted in M. H. Busch’s supplementary petition that could have any bearing on the protection of minority rights. While stressing the fact that the measures taken by the competent authorities in regard to the licences in question would be duly applied, in such a case, to any other national, irrespective of nationality, in exactly the same way, the Polish Government desires to add certain supplementary information concerning the case of H. Busch. It may be mentioned first, in particular, that the State Excise and Monopoly Office has been obliged to inflict on H. Busch the following penalties : In 1922, for the sale of tobacco products illicitly imported from Germany, a fine of 14,480 Polish marks, confiscation of the goods and withdrawal of the licence ; In 1924, 1928, 1929, 1930, various fines in zloty for contraventions ; On June 25th, 1930, a fine of 60 zloty inflicted by the district court for the clandestine and illegal sale of alcoholic liquors.

As regards the taxes, alleged to be excessive, of which the petitioner complains, the facts of the case are as follows : Heinrich Busch obtained for the year 1929 a third-class trade licence for a commercial undertaking — namely, for the retail sale of alcoholic liquors — despite the fact that, under the provisions of the Law of July 15th, 1925, concerning income tax (Legal Gazelle No. 79. text 550), he was bound to obtain a second-class licence. The third class, in point of fad. includes only restaurants which do not sell alcoholic liquor. At the end of 1928, M. Busch addressed to the Poznan Fiscal Chamber an application for the recognition of his establishment as belonging to the second class, but that application, in the absence of legal grounds, was refused. He was called upon to pay the difference between the tax for a second-class and a third-class undertaking, and, further, to pay a fine of the same amount — namely, 105 zloty (Article 98 of the law on industrial taxes). M. Busch has not yet paid any of "the above- mentioned sums.

1 See document C.251.I930.I, annexed to this text, for reference. — Note by the Secretary-General. 5 —

It is necessary to point out that M. Busch’s statement to the effect that the law on industrial taxes described as belonging to the second-class establishments with a turnover exceeding 8,000 zloty is contrary to the truth. As regards the Deputy Graebe’s letter, this contains nothing that can be regarded as necessitating explanations other than those relating to the Busch case.

(Signed) F. S o k a l , Minister Plenipotentiary, Delegate to the League of Nations.

* * *

Appendix. C.251.1930.1. [Translation.]

(a) P e t i t i o n o f M. H e i n r i c h B u s c h .

To the League of Nations, Geneva. For twenty-five years, I have been keeping at Brodna, in Poland, an establishment consisting of an inn and a grocer’s shop. I do not own any land, and my income chiefly consists of the receipts of the inn. Since last year, I have paid the licence duty on July 1st ; at the end of one month, my licence was withdrawn without any reason being given, so that my turnover was reduced by over half, and I am unable to live on my present income. I have made all possible applications without success, and cannot obtain redress in Poland. I therefore confidently address myself to the League of Nations in order that it may examine Poland’s internal laws and their misuse when applied against the Germans, and help us to obtain justice. The law regarding the withdrawal of licences only applies to inns which possess other sources of income besides the retailing of spirits. In the whole division of Kolmar (Chodziez), only German Poles have hitherto had their licences withdrawn, and in some cases new licences have been issued to Poles of Polish nationality. Recently, I have also been forbidden to sell beer and fruit wine, apparently with the idea of preventing the German Association from holding its meetings at my inn. Twice in the course of the last six months, the association’s dance-permit has been withdrawn without any reason being given, and the Commissioner informed the association that, if it went to the Polish inn, a permit would be granted. We are persecuted by searches of our houses and by being stopped at night on the road by the frontier officials, without being able to obtain any protection from the authorities. At the last dance which took place at my inn, my premises were bombarded by the Poles with stones and sticks, and I was obliged to take up a weapon to defend myself. No police were present, The Polish examiner at the training college refused to pass my son in Polish history, although the German teacher had three times marked him “ Very good ” ; he will therefore be unable to become a Polish official. The authorities no longer use the German language in their relations with us, and we have to take an interpreter. Apprentices who cannot speak Polish and are not versed in Polish history are not admitted to the apprenticeship examinations. At a dance, I turned out of my premises a frontier official who refused to pay admission, whereupon he struck me several times in the face. I was prosecuted by this official for insulting behaviour, and, in spite of the blows in the face and my counter proceedings, was sentenced to a fine of 10 zloty and costs. Thus, even the courts refuse us justice. At the plebiscite, we were made Poles against our will. We pay our taxes without demur and give no other cause for complaint. We therefore beg the League of Nations to help us to obtain justice and to secure for us such treatment at the hands of the authorities as a civilised people is entitled to receive. If we are to retain our confidence in the League of Nations, it must now show that it is able to enforce justice. On behalf of the innkeepers of the division of Kolmar (Chodziez) who have lost their licences,

(Signed) Heinrich B u s c h .

(6) L e t t e r f r o m t h e P o l is h D e l e g a t i o n a c c r e d i t e d to t h e L e a g u e o f N a t i o n s , d a t e d A p r i l 2 8 t h , 1930.

To the Secretary-General. With reference to your letter dated February 26th, 1930, No. 4/17932/2181, in which, in accordance with the Council’s resolutions of June 27th, 1921, and September 5th, 1923, concerning the procedure with regard to the protection of minorities, you were good enough t° send me a copy of a petition signed by M. Heinrich Busch, I have the honour to communicate t° you the following observations by the Polish Government on the said petition. In virtue of Article 1 of the Decree of the President of the Republic, dated December 27th, 1924, concerning the revision of licences (concessions) granted for the sale of products subject — 6 —

to a Government monopoly (Legal Gazelle of the Polish Republic, No. 114, page 10*22), the licence held by Heinrich Busch at Brodna for the retailing of alcoholic liquor with full right of sale was withdrawn in 1927. This Decree, which has force of law, obliges the fiscal authorities to withdraw within two years, concessions for the sale of products subject to monopoly from all concessionnaires except the privileged persons specified in Article 1, paragraph 2, [a) to (d), of the above-mentioned Decree. This Decree has been applied throughout Polish territory to all concessionnaires regardless of nationality. Heinrich Busch not belonging to the category of privileged persons, the withdrawal of his concession is perfectly legal. In certain particular cases, and as an exceptional measure, the Finance Minister may maintain an old concession in virtue of paragraph 4 of the Decree, but he did not think fit to avail himself of this right in favour of Heinrich Busch, who deserves no specially privileged treatment, since he has twice been sentenced for breaches of the fiscal regulations. The situation of law and of fact outlined above proves that Busch’s allegation that the Decree of the President of the Polish Republic of December 27th, 1924, was applied to him because he belonged to the German minority is entirely devoid of foundation. The other allegations which appear in Busch’s petition are also without foundation and do not correspond to the facts. The Polish Government nevertheless thinks it advisable to give the following explanations with regard to some of the petitioner’s complaints. The town of Brodna is situated in the frontier zone. In accordance with the provisions of the law, the corps of frontier guards, who perform police duties in this zone on the same basis as the regular police, verifies the identity of suspicious persons at night both in the streets of Brodna and in all the localities along the frontier. This supervision by the authorities, to which all the inhabitants of the frontier zone must submit without exception, is represented by Busch as a measure directed against the minority. This reproach is too obviously tendentious and naïve to be worthy of serious consideration. The incident which took place during an evening celebration, and which the petitioner describes in an untruthful manner, occurred as follows : On January 12th of this year, the “ Deutsche Jugend” Society organised in Busch’s premises a celebration which began with a theatrical performance. When towards midnight, at the end of the performance, four Poles entered the hall, the audience wished to eject them. This led to a disturbance, during which Busch fired a revolver into the air. The audience, thinking that the shot had been fired by the Poles, hastily dispersed. There was no bombardment of Busch’s premises “ with stones or sticks As regards the use of the minority language in the Government and local administration, this question is governed by the Law of July 31st, 1924 (Legal Gazette of the Polish Republic, No. 73, page 724). The incident which occurred at the second evening celebration mentioned by Busch in his petition led to the petitioner’s conviction for insults and resistance to the police. It will be seen from the foregoing observations that M. Busch’s petition is devoid of all foundation.

(Signed) F. S o k a l , Minister Plenipotentiary, Delegate to the League of Nations.

C.499.1931.I.

III. PETITION FROM M. GRAEBE, DATED MAY 19 t h , 1931, AND THE POLISH GOVERNMENT’S OBSERVATIONS THEREON.

[Translation.]

1. P e t i t i o n . To the League of Nations. In the summer of 1930, I had the honour to communicate to the League of Nations a memorandum submitted to the Polish Government concerning the withdrawal of licences for the sale of intoxicating liquor. The Polish Government did not reply to this memorandum, and I therefore applied to the League of Nations for help. After the parliamentary elections of November 16th, 1930, and after my re-election to the Polish Sejm, I wrote, in my capacity of deputy and member of the office of the President of the German Parliamentary Club of the Sejm at Warsaw, to the Finance Minister, calling his attention once more to this memorandum from the former German Parliamentary Club and requesting him to be good enough to look into the matter. At the same time, I also stated that I was at the disposal of the Minister for any personal explanations, should that seem desirable. As I received no reply, I sent a fresh request to the Finance Minister at the beginning of January 1931, asking him to examine the affair. I have not yet had a reply. I should also mention that the withdrawal of licences held by members of the G erm an minority still continues. At the same time, the members of the majority are being accorded fresh licences and the total number of licences has now increased by 10 per cent, while the law relating to licences of this kind was intended to reduce the number of them. Attached is a list of 173 cases of withdrawal and cancellation of licences held by members of the German minority; these 173 cases occurred after the 1930 Sejm. I am prepared to communicate exact information to the League of Nations on the withdrawal of licences before the 1930 Sejm. In view of the increasing distress among members of the German minority who have been affected by these measures, I ask for the protection and help of the League of Nations. In the name of the German minority in Poland,

(Signed) G r a e b e , Deputy in the Polish Sejm. — 8 —

l i s t o f notices of termination and o f withdrawals o f l i c e n c e s k n o w n o n

OCTOBER 1s t , 1930.

No. Name Domicile Dates of notice Remarks and withdrawal 1. Schlieter, Rynarzewe 18.XI. 2 3 The proprietor is a woman, aged 70, and Pauline Szubin 3 1 .x ii. 29 property has belonged to the family since 185( Her deceased husband had held the licence since 1879 and she herself since her husband’s deal; in October 1921. The establishment is the only one in the locality which has a hall whic can be used for club festivities, meetings, etc, The 3 6 morgen of land of the seventh anc eighth categories of which the property consisl are not sufficient to keep the widow an d her daughter, or for the upkeep of the property, for which paid labour is necessary. There is no doubt that, in the event of transfer to person: of Polish origin, the general licence for t h e sale of intoxicating liquor in this establishment wouli again be accorded. On January 1st, 1929, licence was granted to Piotr Molenda, tra d e man, who lives in the locality, although he own a prosperous grocery business.

2. Heinzel, Tczew 7.VIH.30 The petitioner, aged 51, was authorised to sel Anna alcoholic liquor in her confectioner’s shop, She has a daughter dependent on her. Thi contemplated withdrawal of the licence wouli paralyse her business, as her clients are accus­ tomed to consume alcoholic liquor from timi to time and, if unable to do so, will go to place where they can get it.

3. Tessmer, Tczew 2 3 .v i i i .30 The petitioner, who is 5 8 years of age, has Léopold 2 8.li. 31 six children dependent on him. He is an ex- service man and was discharged from military service as totally disabled, with a small pension. As he has no other business, the withdrawal o the licence would in this case involve his com­ plete ruin.

4. Schünemann, Wejherowo 13.iv. 29 Schünemann, who is 57 and suffers from phle­ Rudolf 28.li. 31 bitis, is not able to exercise any other profession The sale of liquor has been authorised here for more than 100 years. As Schünemann has no other trade, the withdrawal of the licence would deprive him of his livelihood. He has a family of four. In this case, also, there is reason to believe that th e licence was only withdrawn in order to make Schünemann sell his property1" a Pole, especially as he has not even bi authorised to sell liquor with an alcoholic content not exceeding '2% p e r cent.

5. Scharmer, Silno 29.VH. 29 Scharmer, aged 69, took over the licence fro™ Friedrich Konitz 2 8 .li. 30 his parents in 1887, as the owner of the establish; ment. His grocery business cannot be c a rri­ on without a licence for the sale of liquor and at his age, he cannot alone cultivate the 70 mor­ gen of fields composed of land of the fourth t« eighth categories, which necessitates the empl°) ment of labour. In this case also, it is Proba,' that, owing to his age, Scharmer will give up ' business, as, in the event of sale, a P °“* purchaser would certainly obtain the lie 611'' — 9 —

Name Domicile Dates of notice Remarks No. and withdrawal 6. Schulz, Terespol 11.vu. 30 The petitioner, aged 62, has a family of four Maximilian Swiecie 8 .11. 31 dependent on him and has n o other trade. The licence has been held by him personally since October 1st, 1914, and the premises do not lend themselves to a change of trade. There is no doubt that, in the event of sale to a Pole, the licence would be accorded to the purchaser, as it constitutes the only means of livelihood of the owner of these premises.

7. Reimer, T arkowo iv. 28 Reimer, whose age is 48, has a family of four Hermann Inowroclaw 31.xii. 28 dependent on him. His small grocery business and his 20 morgen of land do not constitute a sufficient source of livelihood without the licence for the sale of intoxicating liquor. The licence was accorded in 1901 and Reimer has held it since October 22nd, 1909. In this case, also, there is no doubt that, if the property passed into the hands of Poles, the licence would be granted.

Schinke, Grebocin 6.11. 30 This widow' is aged 53. The property includes Heinrich To run 15.i i . 30 only one morgen of garden. The house was built (widow) for an hotel and has three guest-rooms. The Wanda widow has a daughter of 24 dependent on her. Schinke) Without a licence, she cannot long continue to run the hotel. More than sixty years ago the sale of liquor was authorised on these premises, and Mme. Schinke’s husband, now deceased, had held the licence since 1909. There is no doubt that, if the property passed into the hands of Poles, the licence would again be accorded, as it constitutes the only means of livelihood for the proprietor of these premises.

9. Andersch, Golub 6.V H I.30 Mme. Andersch, who is aged 6 6 and has been a Alma (widow) Wabrzezno 6.11. 31 widow since 1898, has already lost the agency for the sale of beer from the Kulm brewery which she held before, so that the café-restaurant is now her only means of livelihood.

10. Werner, Jarocin 11.ix. 25 The petitioner, aged 66, has two daughters Câcilie 31.x i i . 27 dependent on her, who are engaged in her trade, which is enough to provide a living for them. Owing to the keen competition here, the small grocery business cannot be kept going without a licence for the sale of alcoholic liquor.

|ll. Bauch, Rawicz 19.VI. 30 Bauch, aged 57, has a family of three depen- Hermann 31. x ii. 30 dent on him, and the 12 morgen of land of the third to the sixth categories which constitute his property are not a sufficient source of livelihood for him. The licence had been held by the proprietor since 1912.

12. Cierpinski, Kobylin 4.xn. 28 Cierpinski, aged 54, who is an invalid, cannot Oskar Krotoszyn 30 .vi. 30 learn another trade. His 12 morgen of land do not constitute a sufficient means of livelihood, as he is obliged to employ outside labour.

[3. Piasceski, Wollstein 18.vi. 30 The petitioner, who is 37 years of age, has her Hulda 30.vi. 30 two parents, aged 70, dependent on her. She was granted the licence on January 22nd, 1914, after her father, who had held it since 1907. The property consists of only 2 morgen of land, which are not sufficient to provide a living for the family. It should be pointed out that the Wollstein authorities have issued eight new licen­ ces to persons of Polish origin — five to disabled 10 —

No. Name Domicile Dates of notice Remarks and withdrawal men and three to able-bodied persons. The* latter’s names are Budda, Solytsiak and W o j t - 1 kowiak.

14. Meyer, Swarzewo 2.v. 28 The petitioner, who is 50 years of age and has | Teofil Morski 31.xn. 28 a family of three dependent on him, possesses together with his grocery business, an agricul-1 tural property of 60 morgen. The withdrawal of the licence has gravely affected the yield of hi* I concern, especially as it has an hotel attached and is also heavily mortgaged. If the property passed into the hands of Poles, a general licence would certainly be granted. It should be pointed out that a licence for the sale of beer and | wines has been granted to a bakery.

15. Raatz, Szamocin 30.ix. 30 Raatz, aged 52, had held the licence for the Otto Chodziez 30.in. 31 premises since April 1st, 1902, as lessee and since I 1906 as owner. The property consists of only 10 morgen of meadow'-land, the yield of which does not constitute an adequate m ean s of livelihood. It should be pointed out that about I two years ago a new licence was issued to one Tomkowiak, who was recently sentenced to six I months’ imprisonment. Moreover, about three [ years ago, one Koczajka, lessee of premises I situated only twenty yards away from the church, obtained a licence.

16. Ristau, Szubin Zamek 7.x. 30 Ristau is 63 years old. The licence for these| Heinrich l.iv. 31 premises has existed for 100 years, and Risfc has held it since 1882. The premises consist of a restaurant with club-room. This is only big hall at Szubin which can b e used I for meetings of societies. If the property passed I into the hands of Poles, the sale of alcoholic I liquors would again be authorised, especially| as the owner of premises of this kind could make a living without such licence.

17. Krainigk, Lobsens 1 . x . 30 The petitioner is 64 years of age ; h e r premise Therese Wirsitz l.iv. 31 have been licensed for more than 100 years, and| sh e has held the licence since February 20t. 1902. Her premises have always been used : a café-restaurant and include a public hall anil guest-rooms. It is impossible for the owneil of this property to earn her living without \ licence for the sale of alcoholic liquor. Thereis| no doubt that, in this case also, if the p ro p e rty l passes into the hands of Poles, the authorisationj will again be granted.

18. Schuleit, Bydgoszcz l.vn. 27 Mme. Schuleit, aged 60, who has her husbanul Hedwig 31.x i i . 29 aged 65, and her mother, aged 82, dependent®! her, has no other occupation. She is the lessee! and the withdrawal of the licence has caused h«| grave material loss. Her establishment used primarily by country people, who put up| there on market days. The withdrawal of h'i licence will certainly ruin her, as these client-T will not stop at places where they cann» | procure alcoholic liquor.

19. Mettner, Kowalewo 24.ix. 30 Mettner is 55 years of age. In 1904, b'l Eduard Wabrzezno 24.ni. 31 acquired the licence which had previously bef,| held by his father, who received it in 1880, sinfr| — 11 —

^'o. Name Domicile Dates of notice Remarks and withdrawal when the café-restaurant has been run in conjunction with a grocer’s shop. Owing to the keen competition existing in the locality, the keeping of a grocer’s shop does not of itself provide adequate means of livelihood, and the withdrawal of the licence will gradually entail the ruin of the business. It should be pointed out that, in 1908, a new licence was issued to the Poznanski Hotel and that, in 1930. the Pole Bilicki was authorised to sell beer.

20. Schultz, Maki 15.ix. 30 Schultz, who is 61 years old and has a wife and Gustav Brodnica 31.ni. 31 child of 10 dependent on him, receives, as a disabled ex-soldier, a monthly pension of 30 zloty. His grocery business and his 20 mor­ gen of land do not provide an adequate means of livelihood, as this business cannot be run without the sale of intoxicants. The licence has been used on these premises since 1870. Schultz took it over from his father-in-law in 1909.

21. Balkow, Zielona 1.x.29 Balkow, aged 43, has a family of four depen- Albert Chojnice l.iv. 30 dent on him, including two children who still go to school. The sale of liquor had been carried on in connection with his grocery business since 1889. Without the licence, the grocery busi­ ness, with the 25 morgen of land, is insufficient to provide for the maintenance of the family. It is the only inn in the village, and there is no doubt that, if it were to pass into the hands of Poles, the licence would be restored.

I 22. Jakobowski, Torun 12.vm.29 Jakobowski is 50 years of age. The sale of Otto 12.li. 30 liquor has been authorised on these premises 1 since 1888. Jakobowski purchased the pre­ mises in 1917, together with the licence. He has a family of three dependent on him. His grocery business can only be made to pay in conjunction with the sale of liquor.

23. Papke, Gruczno 4.xi. 30 Papke, who is 53, has a family of six dependent Maximilian Swiecie 4.in. 31 on him and his son Erwin has done his military service with the 8th P.P. Art. Plock. A club- room is attached to the café-restaurant. The establishment also includes guest-rooms and stabling accommodation. It should be pointed out that the Papke family has been resident in the district for 200 years. King Augustus of Poland brought Papke’s great-grandfather into the country (to Zur Mlÿn, near Osie) as an expert miller. When the territory was still German, Papke dealt very fairly with the Polish societies, freely placing his hall at their disposal for all kinds of festivities. The premises are situated 300 to 400 yards from all the public buildings. The 8 morgen of land, with a small grocery business, do not provide adequate means of livelihood for this big family. Since 1920, a new licence has been issued to the tenant of the Filikowski property, who had returned from America and has since died of consumption, like two of the preceding tenants, which seems to point to the fact that this prop­ erty, which is invaded by dry-rot, is a centre of tuberculosis infection. Moreover, it is only forty yards from the post-office and school. Finally, Zietak, of Polish origin, who also keeps a grocer’s shop, holds a licence in his brother’s name. His premises are opposite and only No. Name Domicile Dates of notice Remarks and withdrawal fifteen yards from the church. The present tenant of the Filikowski property, St. Heyna, a cobbler, has a shoe-shop, and his wife is also in an advanced stage of consumption. Consequently, it seems to be proved that the withdrawal o Papke’s licence was dictated exclusively by political reasons.

24. Braun, Podgorz 13.ix. 29 Braun is 42 years of age, and his grocery busi- Ernst Torun 30.m. 30 ness and 6 morgen of sandy soil cannot, without a licence for the sale of liquor, provide adequate means of livelihood for this family of three. The sale of liquor has been authorised on this property for more than fifty years, and Braun has held the licence since 1919.

25. Eisenhardt, Gierpice 25.vi. 29 Eisenhardt, who is 59 years of age, has to August Torun 21.m. 30 provide for a family of three. Besides his inn, he has only 8 morgen of sandy soil, which, without a licence, cannot provide enough to keep the family and keep up the property. The sale of liquor has been authorised since 1862, and Eisenhardt has held the licence since December 22nd, 1902. In accordance with the regulations, the building was reconstructed in 1911. It should be pointed out that at Dybowo (District of Torun) the Pole Jan Jozefiak received, in July 1929, a fresh licence for the sale of liquor on premises which, to judge from the de­ scriptions, are in a very dilapidated state.

26. Oborski, W. Zlowies 9.vm.29 Oborski, aged 57, has to provide for a family Albert Torun 9.n. 30 of three ; his property consists of only 2 morgen of land, which does not, with his grocery busi­ ness, constitute an adequate source of livelihood without the licence for the sale of liquor. This licence was issued more than sixty years ago, and Oborski has held it since September 189/,

27. Boldt, Czarnybloto 9.vm.29 Bolt, aged 53 years, has to provide for a Gustav Torun 9.n. 30 family of seven. His 20 morgen of poor land with his grocery business does not constitute an adequate source of livelihood without the licence for the sale of liquor. This licence was accorded for these premises more than 100 years ago and Boldt himself has used it since 1907.

28. Epding, Skape 25.vi. 29 Mme. Epding, aged 62, has to provide for '< Emma Torun 10.ii. 30 family of four. She has, apart from her inn, only 4 morgen of land, which, without the salt of liquor, are not sufficient together with hff grocery business to keep the family.

29. Jahnke, Mikolajewo 2 2.v ii. 30 Jahnke, aged 56, has, since 1907, held a licencf Franz Czarnkow 19.i i . 31 for the sale of drinks, which has been authorise1! for more than fifty years on these premise1 The property includes 35 morgen of land, b'-J the inn is the only one in the village and theret no doubt that, if it changed hands, the licence would be accorded afresh. The inhabitants « the commune of Mikolajewo are all of Po^ origin, and, after having at one time induct- Jahnke to sell them liquor on Sunday, sub»*- quently denounced him. He was fined 40 zlot) In any case, the withdrawal of the licence i-1 severe measure. - 13

\'o. Name Domicile Dates of notice Remarks and withdrawal 30. Schewe, Casowo 31.v. 28 Mme. Schewe has held the licence since the Hulda Starogard 13.XH. 28 death of her husband, who had acquired it in (widow) 1894. She has to provide for her mother, aged 65, and for a daughter of 31. In order to culti­ vate the 30 morgen of land, she has to employ paid labour. The sale of liquor has been authorised for this property since 1871, and in this case the withdrawal of the licence con­ stitutes a particularly severe measure.

31. Leichnitz, Solno Mme. Ulkan is 78 years old. After the death Hedwig Torun 1925 of her husband in 1925, the authorities refused (widow to transfer the licence to her son Otto. The Ulkan) 20% morgen of poor land do not produce enough to provide a livelihood for the family, unless the sale of liquor can be continued in connection wTith the little grocery business. The licence was issued more than fifty years ago.

32. Lindemann, Chelmza 3.iv. 29 Lindemann, aged 56, has to provide for a Wilhelm Torun 14.x. 29 family of five, including one son paralysed in both legs who cannot engage in any trade. The sale of liquor has been authorised on this property for more than 120 years and Linde­ mann has used the licence since August 1st, 1899. In accordance with the regulations, the property was reconstructed in 1901. The gro­ cery business can only be made to pay if carried on in conjunction with the sale of liquor. Fresh licences were accorded in 1927 to Sylwester Miesikow and in 1928 to Juljan Robaczewski. The withdrawal of Lindemann’s licence wTas certainly dictated by political reasons.

33. Schittenhelm, Chelmza v.29 Schittenhelm, aged 55, had held the licence Hugo Torun 1.x. 29 since October 1st, 1905, as tenant of the con­ fectioner’s shop which he runs. The withdrawal of this licence has made it difficult for the family to make ends meet, as in a small town a con­ fectioner’s shop which is not allowed to sell liquor cannot pay its way.

34. Sokolowski. Szabda 25. v. 29 Sokolowski is 66 years of age. The 20 morgen Samuel Tivoli 2.11. 30 of sandy soil which constitute his property do Brodnica not provide an adequate source of livelihood, especially as he is under constant medical treat­ ment. The sale of liquor was authorised on this property more than fifty years ago, and Sokolowski acquired the licence by purchasing the property on January 3rd, 1914, for 70,000 marks. The withdrawal of the licence not only entails material loss for his family, but seriously threatens its means of existence.

35. Trenkel, Chelmza 12.v. 29 Trenkel, aged 50, has to provide for a family Oskar Torun 12.xi. 29 of four. Liquor has been sold on these premises for more than 150 years, and Trenkel has used the licence in his grocery business since June 1st, 1907.

26. Schulz, Kaplin 1925 Schulz, aged 56, has a family of four dependent Gustav Miedzychod 18.ix. 28 on him. His 44 morgen of arable land of the seventh and eighth categories do not provide an adequate source of livelihood for the family, especially as Schulz and his wrife are ill and have to employ paid labour to cultivate their - 1 1 —

No. Name Domicile Dates of notice Remarks and withdrawal property. The family has held the licence for fifty-four years and Schulz has held it for some thirty years.

37. Brautigam, Brody 7.xn. 26 Brautigam, aged 54, has his mother, aged 80, a Otto N. Tomysl l.ix. 29 daughter of 11 and five other daughters depen­ dent on him. On April 1st, 1911, he acquired the licence previously held by his father, who had used it since April 1st, 1886. He also runs the estate bakery and a small grocer’s shop, which cannot be made to pay unless the sale of liquor is authorised there, especially as this locality of 1,100 inhabitants has four other grocers' shops and two bakeries. Before the war, there were three inns. As Brautigam is a tenant, the withdrawal of the licence will cause him grave material loss.

38. Kabitz Wlodziczno 31.xn. 28 Kabitz, aged 52, has to support a family of five, including his father-in-law, aged 74. His large property includes 200 morgen of land of the sixth to the eighth category. His parents had held the licence since 1871 and Kabitz has held it since 1906.

39. Apostel, Droczko 1 .vu. 29 Apostel, aged 61, who has to provide for a Johann Kepno family of six, is 70 per cent disabled. The inn has belonged to the family for more than 120 years. Apostel had held the licence since 1912 ; his property comprises 57 morgen of land. The withdrawal of the licence has completely paralysed his café-restaurant business and the livelihood of this large family has been seriously jeopardised.

40. Marek, Rychtal 3.xn. 27 Marek, aged 50, has to provide for his mother Raimund Kepno l.vn. 28 and for his father-in-law, aged 75. His small grocery business cannot, without a licence for the sale of liquor, bring him in sufficient for his requirements. Fresh licences have been issued to Adam Wroblewski and Edmund Dropczynski. Marek had held the licence since 1911 and his family had had it for more than seventy-five years.

41. Marquardt, Czerniejewo — Marquardt, aged 56, who is suffering from Paul Gniezno l.vn. 20 asthma, has to provide for a family of four, Without the sale of liquor, his 8 morgen of land, together writh his grocery business, are not sufficient to provide for this family. Marquardt has had a licence since 1912 as the owner of the premises.

42. Baudis, Rychtal 30.vn. 26 Baudis, aged 58, w'ho has to provide for a Johann Kepno family of eight, is 40 per cent disabled. His 14 morgen of land and his grocery business do not constitute an adequate source of livelihood without a licence for the sale of liquor. I" should be pointed out that a fresh licence has been granted to Drobczynski, of Polish origin who is working as a hairdresser, and to one Wroblewski.

43. Schôn, Kotowckie 1927 Schôn, who is 51, has to provide for a famil) Friedrich Odolanow l.i. 29 of six. The 12 morgen of land of which his property consists do not, together with the grocery7 business, provide an adequate source oi ?^0, Name Domicile Dates of notice Remarks and withdrawal livelihood. The property is situated on the main road, so that, in view of the traffic, an inn is indispensable at that place. It is certain that, if the property passed into the hands of Poles, the licence would be renewed.

44. Witkowski, Czerniejewro — The widow Johanna Witkowski, after the Markus ; Gniezno l.vii. 28 death of Markus Witkowski, and Isidor Lewin, Propr. after the death of the widow, have not been able Lewin, to get the licence transferred to them. Lewin Isidor has two children dependent on him. The 7% morgen of land do not constitute an adequate source of livelihood. The sale of liquor had been authorised since 1852.

45. Haensler, Turze 1925 Haensler, aged 51, has to provide for a family Bernard Kepno of four and for his mother, aged 84. His 21 morgen of land, together with his grocery business, are not sufficient to provide for the family, especially as the house wras built for the retail sale of liquor. Haensler has held the licence since November 15th, 1905.

46. Seifert, Sroda 31.v. 27 Seifert, aged 52, has a family of five dependent Erwin 31.x i i . 27 on him. Since the withdrawal of his licence, he has been equipping a wireless-apparatus busi­ ness, which does not, however, constitute an adequate means of livelihood for this big family, so that a permanent licence for the retail sale of beer and wine is very necessary in this case. The licence had been transferred to Seifert in 1904 and his parents had held it since Febru­ ary 13th, 1871. A new licence has been issued to Waclaw Wojciechowski.

47. Schulz Nowytomysl 27.xi. 25 Schulz is 51 years old, and since 1920 his wife has been suffering from a nervous disorder and unable to work. He only had a licence for the sale of wine, etc., in bottles for his grocery business, and the withdrawal of this licence has made it very difficult to make his business pay. He had held this licence since 1905.

48. Hânschke, Radusz 11.ix. 28 Hânschke, aged 66, has to provide for a family Otto Miedzychod of five. His grocery business and his baker’s shop do not constitute an adequate source of livelihood and he is too old to take up another trade. It should be pointed out that one Mateski has obtained a fresh licence. The with­ drawal of Hânschke’s licence threatens to ruin his business. His property is already mort­ gaged.

49. Schônborn, Izbiczno 20.vn. 29 Mme. Schônborn is 41 years of age. Without Emma Krotoszyn l.i. 30 a licence for the sale of liquor, her 57 morgen of land of the sixth category, which are mort­ gaged, do not constitute an adequate source of livelihood. The licence wdiich she held was issued for these premises more than fifty years ago.

50. Albrecht, Skorzecin — Albrecht, aged 46, who has an invalid brother Hugo Gniezno l.i. 30 and a sick sister dependent on him, is a disabled ex-service man and formerly renounced his claim to a pension on account of having a licence for the sale of liquor. Without a licence, the grocery business and the 9 morgen of land of which the property consists do not constitute an — 16 —

No. Name Domicile Dates of notice Remarks and withdrawal adequate means of livelihood. The inn had belonged to his family since 1875, and Albrecht acquired the licence in 1904, after the death of his father.

51. Hoffmann, Swiechocin — Hoffmann, aged 43, has to provide for a August Miedzychod 13.ix. 26 family of five, including one member of over 80. The licence, which was formerly held by his parents and was granted eighty years ago, was transferred to him in 1920. The village is 18 kilometres from the nearest town and the house was built and appointed as an inn. The 80 morgen of land of the eighth and ninth categories of which the property consists do not constitute an adequate source of livelihood for this large family.

52. Funda, Mozdzianow 31.xn.28 Funda, aged 61, has to provide for a family Gottlieb Odolanow l.i. 29 of six, for which the 19 morgen of land of the fourth category of which the property consists do not constitute an adequate source of live­ lihood. He had held the licence since 1901.

53 . Kliche, Stoki ix.28 Monika Kliche, aged 46, has two children Monika Miedzvchod dependent on her. Her 54 morgen of land of the seventh category are not sufficient to keep them. The licence was granted thirty years ago.

54. Gonschorek, Zmislona 29.xn. 26 Gonschorek, aged 62, has to provide for a Friedrich Ligocka l.i. 29 family of six, and his 50 morgen of land of the | Ostrzeszow sixth and seventh categories are not sufficient, together with his small grocery business, to keep his large family. The licence has been registered since December 18th, 1895, as a j licence for an inn.

55. Krogoll, No we — Krogoll is 53 years of age. His small grocery I Franz Swiecie 31.x ii. 29 business cannot be carried on without a licence. [ The sale of liquor on these premises was author­ ised about seventy-five years ago. Krogoll had j held the licence since August 1905.

56. Fest, Skoki 1928 Mme. Fest, aged 60, has a family of three I Marie Wongrowitz dependent on her. Her daughter and her son- in-law are invalids. Without a licence for the | sale of liquor, her grocery business does provide an adequate means of livelihood.

57. Zerull, Unislaw 25.vi. 29 Zerull is 45 years of age. His grocery business Otto Chelmno 7.ii. 30 cannot be carried on without a licence for the sale of liquor. Zerull acquired the property in 1914, at the same time as the licence, for | 40,000 marks. The withdrawal of the licence is causing him grave material loss.

58. Kern, Nowytomysl 1926 Kern, aged 48, has to provide for a sick "iff Alfred i.30 and an adopted daughter. His confectioners shop has been shut since the war, and all he doe.-1 is to deliver small quantities of cakes. The I licence for the sale of liquor constituted his onl)l source of income. It should be pointed owl that one Koza received a fresh licence on twl occasion of the purchase of a property in L1- !

59. Knobel, Nowytomysl 14.i. 30 The widow Knobel is 60 years of age. Owii'l Margarete to the keen competition in the locality, hfr| grocery business does not constitute an adequ^l source of income and cannot be kept g0I1=l without a licence for the sale of liquor. — 17 —

No. Name Domicile Dates of notice Remarks and withdrawal 60. Richert, Puck 11.vu. 30 Richert, aged 47, who has to provide for a Konrad Morski family of five, is a disabled ex-service man. Apart from his café-restaurant, he has no trade, so that the withdrawal of his licence deprives him of his sole means of livelihood. It should be pointed out that Miedzianowski, a district official, has obtained a licence for the sale of liquor on premises next to the Protestant Church and only 20 yards from the Catholic Church. Moreover, one Przezdzieck, a former revenue official who has for three years owned a confectioner’s shop with the right to sell beer, obtained a general licence at the end of September 1930. Richert had been authorised to sell liquor since October 1st, 1908.

61. Waschke, Rukosin 29-vii. 29 Mme. Waschke, aged 58, who had held her Amanda T czew 29.i. 30 licence since 1912, keeps her brother-in-law, aged 68, who is incapable of working, and her niece, aged 25, who helps her in her business. The annual turnover of the little grocery business is not more than 5,000 zloty and her profits do not therefore constitute an adequate source of income for three grown-up persons.

62. Reinke, Tczew 15.ix. 30 Reinke, aged 60, had been authorised to sell Gustav 15 in liquor since May 30th, 1908. He has dependent on him a wife who has suffered from a nervous disorder for fourteen years and was admitted to the St. John’s Hospital on September 9th, 1930, and a daughter who still goes to school. Reinke has lost the use of his left eye. His café- restaurant is his only source of income, and the withdrawal of his licence therefore deprives him of his means of livelihood.

63. Wach Tczew vm.30 Wach, aged 59, had held since 1908 the 24.h i . 31 licence which was first issued for these premises in 1877. Since 1916, he has been suffering from a pulmonary disease contracted during the war, and he keeps his daughter, who is learning a trade. His little grocery' business is not enough to keep him.

64. Feyerabend, Hela 1929 Feyerabend had been authorised to sell liquor Artur Putzig since 1905 and has no other source of income.

65. Kohnke Hela 1929 Kohnke, apart from his occasional fish busi­ Putzig ness, which does not constitute an adequate source of income, had, since 1909, been author­ ised to sell liquor.

66. Hallmann Hela 1929 Hallmann is a disabled ex-soldier of the Polish Putzig army, but his licence has been taken away from him for no particular reason.

67. Krawolitzki Soldau 9.IV. 2 9 Krawolitzki, who has only his café-restaurant, had held his licence since 1897. The sale of drinks has been authorised on these premises for nearly 120 years.

68. Balzer, Chelmno 1929 This is a café-restaurant combined with a Arthur l.i. 30 grocery business and stabling accommodation. The withdrawal of the licence for the sale of liquor is likely seriously to compromise the whole business.

69. Reiss, Chelmno 1929 This is a café-restaurant with stabling accom- Oskar n.30 modation to which is attached a grocery' and hardware shop. The withdrawal of the licence represents a considerable reduction in Reiss’s means of livelihood and will certainly in the long run entail the ruin of his business. — 18 —

No. Name Domicile Dates of notice Remarks and withdrawal 70. Kneiding, Plosnica 8 .h i . 29 Kneiding, aged 52, has run his inn for more Ernst Soldau than thirty years ; the property consists of 38 morgen of sandy soil. He inherited the property from his parents, who had run it for thirty-five years, so that the licence has been held by this family for nearly seventy years. Alexander Kalisch, a Pole, who is only 10 per cent disabled as a result of the war, obtained a fresh licence on April 1st, 1929, whereas the right to public relief benefit only begins with 15 per cent of professional disablement. Kalisch, in addition, possesses an agricultural property and a butcher’s shop.

71. Wolff, Plosnica 12.vi. 29 Wolff, who is 69 years of age, has an inn with a Robert Soldau l.i. 30 grocery business and 75 morgen of land. The sale of liquor has been authorised on these premises for more than 100 years.

72. Schmidt, Owczarki 21.v. 29 The Germans of Grudziaz make excursions to Emil Grudziaz x i i .29 this place. It is a restaurant to which are attached a butcher’s shop and a club-room and 4 morgen of land. The proprietor is 63 years old.

73. Winkler, Lisnowo 4.i i i . 29 This is an inn with a grocery business and cluh- Julius Grudziaz x i i .29 rooms, but without land. The proprietor, who had held the licence since September 15th, 1899, is 62 years of age and has two children dependent on him.

74. Giese, Koslowo 24.v. 29 Inn with grocery business, without land. Gertrud Grudziaz x i i .29 The owner, aged 42, has two children dependent on her. The sale of liquor had been authorised on these premises since 1870.

75. Schauer, Tien 16.vm.30 Excursion centre, with hotel open in Hermann Schwretz 16.ii. 31 summer. Grocery business and 6 morgen of land. Schauer, who is 58 years old and in delicate health, has two children dependent on him. At the end of 1927, a fresh licence was issued to Kuzinski, a Polish woman, whose premises are opposite the station.

76. Rodammer, Hilmarsdorf 19.ix. 29 Restaurant frequented by excursionists, with Friedrich Schwetz Sl.xii. 30 club-room, grocery business and 23 morgen of land. Bodammer is 68 years old, and h is son, w7ho is an invalid, was to have taken o v e r his establishment. Improvements w e re m a d e in the club-room in 1929, electric light and wireless being installed at a cost of 14,000 zloty. The withdrawal of the licence is a blow not only for the owrner but also for the German excursionists.

77. Kull’sche, Grudziaz 31.xn.30 Hotel with hall, club-rooms and restaurant. Erben Provisional In a town like Grudziaz, a concern of this kind (Hotel extension can only pay if the sale of liquor is authorised Goldener Lowe) for six in it. months

78. Ehrlich, Grudziaz 1929 Restaurant and a grocery business. The Max 1930 owner is a disabled ex-service man, although he was not recognised as such by the military authorities.

79. Breitzke, Grudziaz 8.x. 30 Restaurant with sale of cigarettes. The Hermann licence for the retail sale of tobacco was alread) withdrawn for no reason in 1925. The with" drawal of the licence for the sale of liquor would deprive Breitzke, who is 45 years of age, of hi» whole source of income. — 19 —

Ko. Name Domicile Dates of notice Remarks and withdrawal 80. Diethelm, Mroczenko 26.V I. 3 0 Mme. Diethelm, war widow, is an invalid and Anna Lobau Provisional can only walk with a stick. She keeps her extension mother-in-law, aged 78. Her café-restaurant for six and the 20 morgen of land constitute the only months source of income of her son, aged 23, and of her daughter, aged 25. 81. Malinowski, Radzyn 13.iv. 29 Café-restaurant with grocery business and Hermann Grudziaz 31-xii. 30 2 y2 morgen of land ; the licence goes back a long way. Malinowski, wTho is aged 56, has two children dependent on him. 82. Baranowski, Swiete 19.ix. 29 Inn w'ith grocery business and 8 morgen of Robert Schwetz 19.h i . 30 land. The sale of liquor has been authorised here for over 200 years. Baranowski, aged 66, had held the licence since April 1st, 1919.

Schramm, Reda 13.iv. 29 Café-restaurant with 28 morgen of land. Walter Meerkreis 18.XII. 29 Schramm, who is 5 0 per cent disabled as a result of the wrar, receives a pension of only 15 zloty a month and has two children dependent on him. The withdrawal of the licence would oblige him to let his concern to a Pole. The authorities have notified the latter that the general licence would be accorded to him on his producing the contract concluded with Schramm. Schramm has had a copy of this communication made and certified correct by the Polish priest.

84. Franke, Torun 1929 The restaurant represented the sole source of Karl 1.1. 30 income of the widower Franke, his daughter, his son-in-law and his grandson. The with­ drawal of the licence has obliged the last three to leave the place and deprived them of their means of livelihood. Franke, who needs the help of his family, has remained behind so as not to have to sell the property at a ruinous price. His Polish tenant, after having punctually paid the first instalments of the rent, is now in arrears with his payments. Franke had to let his premises because he was refused authority to sell even beer and fruit wines.

85. Sziminski, Torun 1929 The couple Sziminski live on the proceeds of Karl 1.1. 30 their café-restaurant, to wrhich are attached a grocery business and stabling accommodation. They took over the business in 1907 ; it formerly belonged to Karl Sziminski’s father. Since the withdrawal of the licence, their business has steadily declined.

). Widow Jablonowo 1929 This widow was authorised to sell liquor in her Hostmann Strasburg 1930 café-restaurant, to which are attached a grocery and hardware business and stabling accommo­ dation. The premises, the perfect appointments of which entailed considerable expense, are no longer suitable for a dw'elling-house. Mme. Host­ mann has four children dependent on her.

87. Brock Grabowiec 26.ii. 30 This café-restaurant, which has a club-room, Torun 1930 plays a particularly important part in the social life of the German community of Drewenzwinkel. The property consists of 64 morgen of sandy or wooded soil. Brock, who was 30 per cent disabled during the war, has five children, aged from 1 to 10 years.

88. Strobel Lubianki 1930 The licence was first issued at the time of the Torun foundation of the village of Luben, and its with­ drawal is a hardship in so far as the premises of the café-restaurant wTere used by the German population for its professional meetings and festivities. — 20 —

No. Name Domicile Dates of notice Remarks and withdrawal 89. Tews Amthal 1930 This café-restaurant, to which a grocery Torun business is attached, is the only one in the locality. The hall there was used for meetings of clubs, etc. The withdrawal of the licence threatens to deprive the proprietor of his means of livelihood.

90. Forster Goraly 1930 Café-restaurant with 8 morgen of land and a Strasburg grocery business. The withdrawal of the licence threatens to deprive the family of its means of livelihood.

91. Dahm Bukowiec 1930 Café-restaurant with assembly hall and 50 Strasburg morgen of land. It was in these premises th a t 75 per cent of the German population used to meet on various occasions ; the withdrawal of the licence will therefore be felt as a measure directed against the social life of the German community.

92. Stoyke, Jablonowo 1930 The inn, situated in an agricultural property Karl Strasburg of 120 morgen, was attached to the steam-miil and, as there was stabling accommodation, the concern was conveniently situated for farmers who came in to have their corn ground. This advantage w'ill disappear with the withdrawal of the licence and the owner will suffer grave material loss.

93. Künzle, Czersk l.ix. 29 Café-restaurant with grocery business ; the Gustav Konitz sale of liquor has been authorised there for more than sixty years. Eleven out of the twenty-one licences w'hich previously existed were in the hands of Poles ; the cession of the territory to Poland was followed by a reduction in the total number of licences dictated by purely national­ istic considerations. Of the seventeen licences now in force, sixteen are held by Poles.

94. Schulz, Schlagentin 18.1. 29 Café-restaurant with grocery business. The Josef Konitz sale of liquor has been authorised there for over forty years. There have always been two licen­ sees, one of whom was a Pole, even in the days of German sovereignty.

95. Hennig, Jehlenz 1.1. 26 The sale of liquor has been authorised since Hedwig Tuchel 1890 in the café-restaurant attached t o the grocery business. After the death of the father, Paul Hennig, the licence was withdrawn from his daughter. Under German rule also, there were two licensed establishments in this commune, one of which belonged to a P o le .

96. Bratz, Damrau Café-restaurant without any supplementary Anton Zempelburg 1927 business. The sale of liquor had been authorised there since 1918.

97. Janoschek, Frankenhagen 7.i i . 29 Café-restaurant with grocery business. This Walter Konitz is a so-called “ compulsory ” inn, holding licence entered in the Land Register, which Janoschek’s grandparents held as long ago as 1842.

98. Krause, Wilhelmshohe 16.vu. 28 Establishment used by excursionists from Max Konitz Konitz and mainly frequented by Germans. The withdrawal of the licence will thus be felt as a measure directed against the social life o f the German population. New licences were granted to the Polish Nautical Club for their club-house at Chrzykowo, near Konitz, in June 1929, and M. Jan Grzenia, a former cloth merchant at Konitz, for his station hotel at Konitz, in October 1927. — 21 —

No. Name Domicile Dates of notice Remarks and withdrawal 99. Abraham, Sepolno 31.x. 25 Abraham, aged 69, had in 1895 taken over the Eduard café-restaurant with the grocery business, wrhich had, until then, been kept by his parents. The licence held by his predecessors goes back as far as 1876.

100. Strohschein, Dombrowo The present owner has had the restaurant and Gustav Zempelburg the grocery business since 1903. He is 58 years of age and has four children dependent on him.

101. Borkowski, Tuchel 31.x i i . 29 Café-restaurant, with grocery business, run Theodor by the present owner since July 1st, 1919. Of the seventeen licences for the sale of liquor which existed under German rule, five were in the hands of Germans and twelve in the hands of Poles. After the withdrawal of Borkowski’s licence, the sixteen licences now in force are all in the hands of Poles.

102. Mietz, Sosno 1926 Café-restaurant with grocery business. The Reinhold sale of liquor had been authorised in this establishment for more than forty years, and Mietz had held the licence since September 1st, 1919. When the establishment was let to a retired non-commissioned officer, the licence was restored in his favour on the ground of absolute necessity.

103. Schauer, Ilowo 1925 The sale of liquor had been authorised in this Rudolf Zempelburg café-restaurant for more than 200 years. After the owner's decease, the licence was withdrawn from his son-in-law. In the district (Amts- bezirk) of Ilowo, to which this commune and the property belonged, as also the communes of Radonsk, Jasdrowo and Lilienhecke, there were, under German rule, five café-restaurants ; as a result of the high taxation, four of them have been closed. As the fifth licence has been with­ drawn, there is now no café-restaurant in the district.

104. Balkow, Konary 2.iv. 27 This is a café-restaurant with a grocery Reinhold Konitz 19.li. 29 business, which has been run since 1910 by the present owner, who is 59 years of age and has four children dependent on him. The licence had existed for more than forty years.

105. Berger, Slonawy 2.v. 29 Café-restaurant with grocery business with Reinhard Schubin l.i. 30 10 morgen of arable land and 8 morgen of meadowland. Berger, who is 65 years of age, has owned this property for more than thirty years. The licence goes back more than 100 years.

106. Stroschein, Zielonowo 31.xii. 29 Café-restaurant, with grocery business and Max pow. Szubin 10 morgen of land, which had been held since January 1902 by the present owner, aged 65. The licence goes back more than sixty years.

107. Schultheiss, Mleczkowo l.vii. 28 Café-restaurant with 28 morgen of land. Hermann Inowroclaw Schultheiss, who is 59 years of age, had held the licence since February 16th, 1900 ; several of his predecessors had already held the licence as a right attaching to the property.

108. Protz, Czarnikau 1928 Protz, who runs a confectioner’s shop and also Robert sells liquor, had held his licence since 1918. The licence was first issued more than eighty years ago. Protz, who is 57 years of age, suffers from double hernia and has two children dependent on him. He also keeps a hairdresser’s shop. __ 22 __

No. Name Domicile Dates of notice Remarks and withdrawal In 1927-1929, fresh licences were issued to the Poles Gackowski, Grodzki and Krauze. Gac- kowski has a grocery business, Grodzki a hotel with a club-room, and Krauze a restaurant.

109. Schiefelbein, Czarnikau l.iv. 29 A grocery and hardware shop, to w h ic h is Marie attached a café-restaurant, the owner of which, aged 73, has held her licence since April 30th 1878.

110. Reinke, Sololowo l.i. 29 Café-restaurant with small grocery business, Elisab. Kolmar The licence was first accorded nearly 100 years ago. The property consists of 68 morgen of sandy soil situated 3 kilometres from the establishment. The owner has two children and two former owners dependent on her.

111. Pieper, Kolmar l.i. 29 This café-restaurant with grocery business has Robert belonged to Pieper since 1913 and the licence has been held by his family for three generations. Pieper is 65 years old and has three children dependent on him.

112. Kitzing, Kolmar l.i. 29 Inn and grocery shop with a licence first Wilhelm issued more than 60 years ago. Kitzing is only a tenant and has been doubly hard hit by the withdrawal of the licence. A new licence was granted in November 1928 to the Pole Jagod- zinski.

113. Salinger, Janowitz 31.vi. 29 Restaurant with grocery and hardware shop ; Philipp Znin licence in existence since 1848.

114. Bolter, Dziedno 1930 Inn with grocery business ; licence held by Karl Bydgoszcz the family for more than eighty years. Bolter is 63 years of age.

115. Wichert, Bydgoszcz 21.v. 30 Restaurant, assembly-room and garden. The Jakob owner has been in the business since 1890. This concern also contributes to the social life of the German minority.

116. Thymian, Minkowice 17.vn. 30 The restaurant, run by the family since 1928, Heinrich Meerkreis is combined with a grocery business and is on the road to the health resort of Karwia. T hym ian is 62 years of age. He owns 100 morgen o f land, but only 20 morgen of light and medium soil can be cultivated. The rest is composed of marshland, meadowland and waste land. The family consists of five persons, including three children not yet old enough to earn their living and an old mother of 92.

117. Zube, Neu-Palesch- 27.vm.21 The inn, which includes a hall and a grocery Emil ken business, has been run since 1906 by Zube, who Berent is now 58, on a property of 24 morgen. Zubf has three children aged 4 to 13 to feed. He suffers from asthma and is 80 per cent disabled, Josef Maszur, a Pole, who owns 72 morgen of land and is an able-bodied young bachelor of *.« has for years been selling liquor w ith o u t a licence with the knowledge of the authorities Moreover, his land is next to the Lutheran Church.

118. Kriiger, Kamnitz 7.x. 29 Krüger runs an inn and a grocery business c« Otto Tuchel 30.vi. 30 a property of 40 morgen, allotment 4-5, as disabled ex-serviceman with a certificate enti ling him to reserved employment (Zivilver>lir gungsschein) dated 1902 ; he is 51 years of ac and has a family of eight. Ko. Name Domicile Dates of notice Remarks and withdrawal 119. Gerth, Schônwalde 6.ix. 29 The widow Augusta Gerth, aged 67, has run Augusta Zempelburg the inn and a grocery business since 19P2. There are only 5% morgen of land. The licence was originally issued in 1840. The inn constituted her chief source of income.

120. Heinrich, Konitz 28.vm.30 The restaurant has been run since the death Gertrud With six of the father in 1921 by three sisters, Gertrud, months’ Margarete and Anna (widow Brzezinski). It notice. constitutes the only source of income of these three persons, aged 37, 39 and 42 respectively.

121. Radke, Konitz 21 .vin.30 The confectioner’s shop and café have existed Paul With six since November 2nd, 1929, and, since that date, months’ a licence has always been attached to the notice. premises. It is the only garden café of its kind in the town and has been run since 1911 by the present owner, who is a member of the Radke family. The family consists of four persons. The concern cannot be run in a small town with­ out a general licence.

122. Schmidt, Szumiaca 1929 The inn, which comprises a grocer’s shop and Rudolf Tuchel 30.vi. 30 a field of 17 morgen, has been run by Schmidt since 1907. The owner, aged 62, cannot now possibly convert the concern to other uses. The prohibition to sell even beer or wine containing more than 2 % per cent of alcohol is particularly harsh.

123. Janzen, Drausnitz 1929 Inn with a grocery business and 3.25 hectares Heinrich Tuchel of land. Janzen, aged 64, has been running the inn since 1896. The licence attached to the property has been entered in the Land Register as a “ Krugkonsens ” since 1755.

124. Schreiber, Lichnau 27.vm.29 The inn, the grocery business and the 13 Josef morgen of land belonging thereto have been run by Schreiber, now aged 73, since 1906 ; pre­ viously Schreiber had held a licence at Schla- genthin issued in 1890. He has a family of seven.

125. Pencke, Konitz 31.xii. 30 The widow runs the confectioner’s shop and Alwine Renewal of the café, which constituted her only source of licence income. In a small town a confectioner’s shop refused on cannot exist without a licence for the sale of death of liquor. husband.

126. Panskc, Schlagenthin 18.x. 29 The inn, which comprises a grocery and hard­ Paul ware shop and about 3 morgen of land, has been run since 1919 and constitutes the only source of income of the family of nine.

127. Bederke, Wolsztyn 2.xi. 30 Inn with guest-rooms and stabling accommo­ Otto dation and 3 hectares of land. The licence has been used since 1919 and constitutes the real source of livelihood of the family. The land attached to it, consisting of about 12 morgen, does not provide an adequate livelihood for the family of four.

128. Riemer, Miedzichowo 20.in. 30 Riemer was demobilised as a disabled soldier Karl Nowv-Tomvsl 7.x. 30 with a pension of 6 zloty a month and a certi­ ficate entitling him to reserved employment. He had run the inn, situated on a property of 45 morgen, since 1919. The licence had been attached to the property since 1841. He has a family of six. The licence was withdrawn on the instigation of the previous owner, Wojt, as a — 24 —

No. Name Domicile Dates of notice Remarks and withdrawal result of the libels spread by the latter as to Riemer’s anti-Polish sentiments. Although an official enquiry showed that the accusation was false and the licence was withdrawn from Wojt the sale of liquor was ordered to be discontinued

129. Trauer, Stryzewo 22.XII. 28 Trauer, aged 74, had held the licence since I Karl Nowy-Tomysl 1884. It constituted the main source of income I of the family (which includes an invalid son!, there being also 2 4 morgen of land of little value and a small butcher’s shop.

130. Zerbst, Jaroszewo 21.vi. 30 Zerbst bought the land in 1902, and was I August Znin 5.i. 31 obliged, on the order of the Landrat, to rebuild the inn in two years in accordance with the | administrative regulations. His son, a g e d 25, is 80 per cent disabled as a result of a pulmonary i disease contracted during military service, but I the military authorities have hitherto recognised only 40 p e r cent disablement. The 12 morgen of land and 13 morgen of wrater do not constitute an adequate means of livelihood. Moreover, the inn is situated only 3 kilometres from the town of Znin. The grocery business thus brings in very little, so that the sale of liquor con­ stitutes, together writh the land, the main source | of income of the family, which could not exist without it. On July 1st, 1930, a licence was granted to a disabled ex-service man, Jakob I Bolewski, who transferred it to Kasimir Woj- tasik, and a licence to sell beer and fruit wine was granted to the grocer Kazmiera Zbiranska, whose husband also runs a butcher’s and cattle | business, including pigs.

131. Goergens, Torun 4.x. 30 Goergens is 65 years of age and has ru n Ernst restaurant since 1909 as the tenant, o n 1; belonging to the town. The withdrawal of the I licence will deprive this old couple of their live-1 lihood. The licence has been attached to premises for about forty-five years. A ppeals to I the Izba Skarbowa and to the Finance Ministry have not elicited any reply ; they wrere sent on September 5th, 1930. It is particularly impor­ tant in this case to maintain the licence in order to prevent these old people from suffering want | during the last years of their lives.

132. Krampitz, Torun 3.x. 30 The licence had been attached to the res-1 Anna 11.h i . 31 taurant since 1895. The widow Kram pitz. aged 64, had been running it since the death of her husband in 1910 and the licence constituted [ the only source of income of the family of four. Since the withdrawal of the licence, it has no I longer been possible to provide for the family, since the premises cannot be used for other | purposes until alterations have been made, and for this the necessary capital is not available.

133. Giinther, Granowiec 27.li. 30 The widow Giinther, aged 65, had been usinzI Caroline Odolanow 30.XH. 3 0 the licence since 1904 on a property of 8 morgcD. I and this licence constituted her only source o I income. The appeals lodged against the wit'1' drawal of the licence on March 22nd, June 2-H1- and December 6th, 1930, have not had an; | result.

134. Essig, Rogau 2 6 .x i. 30 The licence had been held by the fam ily s®(; Emma Torun 20.VH. 31 1906. The inn, which comprised 5 m orgen6 I land and a grocery business, constituted the on) source of income of the family of three. ,rl jf0. Name Domicile Dates of notice Remarks and withdrawal withdrawal of the licence would make it difficult for the family to live.

135. Krüger, Fordon 5.1. 31 The widow Krüger, aged 63, had been holding Florentine Bydgoszoz l.vn. 31 the licence to sell liquor since 1896 for the hotel and restaurant. It is the only establishment which has sufficiently large premises for German associations. The withdrawal of the licence would deprive the widow Krüger of her means of livelihood.

136. Krüger, Torun 16.ix. 30 The widowr Krüger, aged 65, has, since 1907, Helene (widow) 5.iv. 31 held the licence attached to the hotel and restaurant. An hotel cannot be made to pay without a licence to sell liquor. If the licence wrere really withdrawn, the widow Krüger would be deprived of her means of livelihood.

137. Krause, Usch 13.ix. 29 Krause had held the licence attached to the Robert Kolmar 31.in. 30 restaurant since October 1st, 1910. He has a family of six. There is no possibility of convert­ ing the premises to other uses. The withdrawal of the licence can only have been dictated in this case by political motives, as four new licences were issued in 1930 to Poles — Zboralski and Szymanski, who are disabled, and Pacyn- ski, and Woyciekiewicz, who are able-bodied and own grocery businesses. Pacynski also has a shipping office. In 1925, Krause had to undergo an abdominal operation, since when he has been incapable of any physical exertion. The with­ drawal of the licence is therefore a particularly harsh measure in view of the new licences that have been granted. The sale of beer and fruit wine does not constitute an adequate source of livelihood.

138. Vorkôrper, Miasteczke 19.ii. 25 The inn, which is situated on a field of Reinhold Wyrzysk 22.vm.28 25 morgen, has belonged to the family since 1866. The family of six has no other source of income, and its livelihood is thus jeopardised. The sale of fruit wine and beer has been for­ bidden.

139. Werdin, Miasteczke 19.xi. 25 The licence attached to the inn, which com- Gustav Wyrzysk 31.xn. 28 prises a grocery business and 57 morgen of land, had existed since 1851. Gustav Werdin had personally held the licence since 1876. Owing to excessive taxation, he had to give up the sale of beer and wine, which at first continued to be authorised.

140. Lachs, Mieroszyno 29.vn. 29 Lachs, aged 60, has, since 1900. run the inn August Morski and also a grocery business, and 15 morgen of land. The family of eight cannot live on the produce of the land. The grocery business can only provide an adequate income in combination with the licence for the sale of monopoly spirits.

141. Misvhke, Strzelno 2 0 .iv. 2 9 The widow Mischke runs an inn and a grocery Bronislawa Morski business situated on 80 morgen of land. She has to provide for two sons, aged 8 and 17, the younger of whom is a cripple and permanently incapable of earning his living.

142. Mielke, Luzino 17.iv. 2 9 The inn, situated on a property of 3 3 morgen Bertha 15.i i . 3 0 of medium land, belonged to the family and had been managed by the present owner since 1924. The licence had been attached to the property since 1911. - 26 —

No. Name Domicile Dates of notice Remarks and withdrawal 143. Schramm, Szamocin 6 .x. 30 The inn, which includes a grocery business Otto Chodziez and 7 morgen of arable land, has been run by the owner since October 1st, 1929. He is 53 years of age, and has exercised his trade since the age of 37. The family consists of fiVe persons, including three sons now apprenticed,

144. Milbradt, Godziska 25.v. 30 Inn with grocery business and 3 morgen of Kiara Brodnica land. The property has belonged to the family since 1864, but does not constitute an adequate source of income without the licence. Con­ version of the concern for other purposes is impossible owing to the owner’s age (57).

145. Wendel, Przechowo 27.xn. 30 Inn with 28 morgen of land. The holder of Rudolf Swiecie 27.iv. 31 the licence is a disabled ex-service man who needs constant assistance and care. His son, born in 1907, enlisted in the Polish navy. The concession in respect of the property has been in existence since April 25th, 1793, and has remained in the family, which now consists of four persons.

146. Wiedcnhoft, Wisniewa 16.x. 30 The inn, wrhich comprises a grocery business Hermann Sepolno and 25 morgen of land, has belonged to the family for eighty years. No appeal has been I lodged against the withdrawal of the licence; Wiedenhôft having had to pay for a second-class licence, the charges wrould have become t heavy.

147. Vorkôper, Miasteczko 6.x. 30 The restaurant, with assembly-room and I Willi Wyrzysk 6.iv. 31 grocery business, has been run by the owner since 1905, and the concession has been in existence for more than ninety years. The property consists of only 5 morgen of meadowland, so t h a t the family of three is losing its whole source of live­ lihood as a result of the withdrawal of the | licence. Vorkôper owns the only hall which can be used for meetings of German and Polish associations. There is no doubt that a Pole I would have been allow ed to keep the licence or | would have obtained it subsequently.

148. Schmidt, Wysoka 15.xn. 30 The restaurant, combined with a little grocery I Martha Wyrzysk 15.vi. 31 business, has, since 1915, been run by Mme. (widow) Schmidt, a war widow, who derives from it the | necessary income to support her family o f three. Her husband, now deceased, had in 1906 bouditl the property, together with the licence. The | withdrawal of the licence involves for the widow the loss of her main source of income I and jeopardises the whole livelihood of the I family. Conversion of the concern f o r other I purposes is impossible, in view of the competition| in all branches of trade.

149. Klotzbücher, Bialosliwie 1.x. 30 Klotzbücher is 52 years of age and has be®I Emil Wyrzysk l.iv. 31 running the inn, the hotel and the club-roomi since 1908. He has no other source of income I The property consists of only 4 morgen of arab/I land and 8 morgen of meadowland, which is^ I sufficient to support the family of four. 'Ml withdrawal of the licence would be particular!)| harsh in this case, as the sale of beer and f wine is also to be forbidden.

150. Baum, Owinsk 20.xii. 29 The licence attached to the farm of 14 nior?® I Wilhelm Poznan which has a grocery business, was granted a-1 long ago as 1909. A fresh licence was conceal to the Pole, Jan Wieczorek, who has a proper l of his own. Xo. Name Domicile Dates of notice Remarks and withdrawal 151. Gregorek, Sosnie 2 7 .ii. 30 Gregorek, aged 44, is a disabled ex-service Friedrich Odolanow 30.h i . 30 man without a pension. He has been tenant of the inn and the butcher’s shop since 1921 ; he has a family of seven.

152. Neumann, Chmielinko 20.ix. 30 The concession in respect of the inn, which has Friedrich Nowy-Tomysl 20.h i . 31 15 morgen of land, has been in existence since 1650. Neumann inherited it in 1896 from his parents. He is 59 years of age and has a family of five. One son, Emil, aged 26, was released from Polish military service disabled to the extent of 37 per cent.

153. Adam, Kakolowo Mid-1930 The inn, which has 61 morgen of land, has Karl Nowy-Tomysl 31 .x i i . 30 belonged to the family for about 160 years. A new licence was granted to the Pole Szymszala, who lives in the neighbouring village of Jablonna and is not an invalid.

154. Brie, Duszniki Mid-1929 The licence for the inn, with its 9 morgen of Bianka Szamotuly l.vn. 30 land attached, has been in existence since 1874. There is no subsidiary trade.

155. Zwirner, Chojniki 6 .m. 30 Zwirner, aged 49, purchased the inn with its Hermann Odolanow 6 .ix. 30 87 morgen of sandy soil from his father in 1919, his share of the inheritance being duly taken into account. A new licence was granted on February 1st, 1931, to one Lizak, master tailor.

156. Kâding, Ostrow 7.1. 28 Kâding has run the concern since 1887 — Otto Wkp. l.vn. 30 first for ten years as a military canteen and then as a restaurant and grocery business. Kâding is 63 years of age and has a family of five. The grocery business is insignificant and insufficient to provide for the needs of the family.

157. Schwandke, Czerwonak 17.11. 28 The inn and grocery business were acquired Birhard Poznan l.xii. 28 by inheritance in 1909 ; the licence had been held by the family for more than a century. Al­ though there are 120 morgen of land, the with­ drawal of the licence is a hardship, as there is nothing to justify it, and, in view of the number of years during which it has been held, its with­ drawal without reason is illegal.

158. Szyszka, Szklarka Notice There are 38 morgen of land attached to the Wilhelm Odolanow given ver- inn and grocery business. The sale of beer bally by the and fruit wine, which is still permitted, does not competent produce sufficient to improve the position of the official family or even to provide it with a source of l.vn. 30 livelihood, as the rural population, which is chiefly composed of labourers, consumes very little beer and practically no wine. The family is composed of nine members, including five children of 2 to 16 and twro old people of 73. Szyszka is 44 years of age.

159. Hoffmann, Kuznica 18.xi. 30 The inn, which is situated on a property of Karl Kacka 60 morgen, is run by Hoffmann, who is now Odolanow* l.i. 31 77 years of age and has been exercising his trade for forty-eight years. The withdrawal of the licence is all the more vexatious as a new licence has been granted to one Lisak, a tailor.

160. Jarhner, Trzebania vi. 25 The inn has been in existence for more than Wilhelm Leszno l.vn. 30 a century. The land, consisting of 30 morgen, does not constitute an adequate source of liveli­ hood, especially in view of the poor state of health of the owner, who is obliged to have constant recourse to paid labour. No. Name Domicile Dates of notice Remarks and withdrawal 161. Dymke, Kotusz 25.vii. 28 Dymke, aged 59, has been an innkeeper for Heinrich Schmiegel viii.28 thirty years. The licence was granted at that time on the application of the commun?, Dymke had owned the concern since March 1st, 1889. The new licence has been granted to the Pole, Walentin Kicinski.

162. Hensel, Pobiedziska 24.vi. 30 The licence to sell alcoholic liquor has been Arthur Posen-West l.i. 31 attached for fifty-five years to the confectioner’s business run by the owner. The lease of 104 morgen of land does not constitute an adequate source of livelihood. Hensel is 63, so that he cannot now change his profession Moreover, he has not sufficient funds for the purpose.

163. Ziebeil, Jaromierz vu. 24 The present owner inherited the inn with Paul Wollstein 30 morgen of land and a grocery business from his father in 1909. The family is composed of | eight persons, so that the withdrawal of the licence constitutes a measure of undeserve severity.

164. Schlinke, Popowo 1 .in. 30 The inn, which also has a grocery business and Margarete Szamotuly 18.ix. 30 7 morgen of land, has belonged to the family for fifty years. The use of the licence con­ stitutes the family’s main source of income. A | new licence has been granted in the neighbour­ ing town of Wartoslaw to the Pole Stepniak, who runs a grocery business and owns a baker’s shop.

165. Heinzel, Sierakow 19.ix. 30 The inn and the 14 morgen of land attach Elise Miedzyohod l.iv. 31 thereto have belonged to the family for seventy years.

166. Manske, Rawicz 19.1. 31 The liqueur factory with a full licence, the Paula 19.vu. 31 wine business and the manufacture of fruit wine has been carried on, since the death of the husband in 1915, by his widow, who owned two-eighths. The withdrawal of the licence to sell liquor has deprived her of the possibility ol supplying to retailers small quantities of not more than 15 litres, which are chiefly in demand Thus, the proceeds of the concern have been seriously diminished, especially as, in view of the present economic crisis, innkeepers only purchase the quantities absolutely necessary for the next day and there can scarcely be any | question of wholesale purchases.

167. Bunk, Kobylin 29-xii. 28 The concern has belonged to the family since Margarete Krotoszyn v. 29 1909. The husband is dead and the widow runs I the restaurant and the grocery business for the three children, who are under age. Two ne" [ licences have been granted — one to the I shooting club and the other to one Orlitzki. who is not a disabled ex-service man.

168. Prantke, Skarszewy IX. 30 Prantke, aged 73, purchased the property I Theodor Koscierzyna 1 .IV. 31 in 1919 with the licence which had been attached I thereto from time immemorial. The with-1 drawal of the licence will make it impossible f°r| the family to make ends meet.

169. Zellmer, Sokolowo 14.iv. 31 The owner had inherited the business with ‘ Gustav Chodziez 14.x. 31 grocer’s shop and 5 morgen of land from :il: Jankendorf father in 1920. The withdrawal of the licencf Kolmar has made it very difficult for the family to h 'e; as 5 morgen of land are not enough to provi eI a livelihood for a family of three, including' wife who has been suffering from a P a,r‘ disease for a long time. — 29 —

No. Name Domicile Dates of notice Remarks and withdrawal 170. Lachmann, Strzelce 26.iv. 29 The inn, which includes an assembly room Oskar dolne 31.xii. 29 capable of accommodating about 250 persons, a Bydgoszcez grocery business and 18 morgen of land, has been run by Lachmann since 1908. The licence had been attached to the property for more than two centuries and is especially necessary in this place, as there is no other inn within a radius of 714 kilometres. The commune and the Wojewodstwo warmly supported Lachmann’s application for the maintenance of the licence, but the Finance Ministry refused time after time, and for the last time on December 2nd, 1930. There is no doubt that the authorities wish to force Lachmann to sell, as they must know that he cannot keep his family of ten without a licence to sell liquor. As no new licence has hitherto been accorded to a citizen of German origin, the business can only be sold to a Pole. This is the object of the authorities.

71. J a h n k e , Gniew 23.ix. 29 The restaurant, which includes a grocery and E w a l d 30.iv. 30 hardware business, has been run by Jahnke since 1911. Fie depends mainly on his rural customers. The withdrawal of the licence for the sale of liquor concludes a series of measures taken by the authorities against Jahnke in order to make it difficult for him to carry on and to induce him to give up his large concern. Thus, the right to sell salt and tobacco wholesale has also been withdrawn, and the authorities refused to allow him to continue to sell beer and fruit wine. He was only able to continue to do so as a result of an action which he brought in the courts. It is clear that all these admini­ strative measures have already considerably reduced his turnover and the profits of the business. Those concerned have thus con­ travened the provisions of the Law of July 31st, 1924, Article 1 A, paragraph 9, which is designed to improve the economic position.

172. H a g e d o r n , Chrostovvo 20.in. 31 The inn and grocery business have belonged H u g o Kolmar 20.ix. 31 to the present owner since 1907. He is 75 years of age and cannot therefore change his occu­ pation. The grocery business does not constitute an adequate source of livelihood for the family of five.

"3. Hcrzfeld, Lobzenica 28.xi. 30 The licence for the sale of tobacco has been A. Wyrzysk withdrawn from Herzfeld, a merchant of Lobsens, who has thus lost his principal source of income. Herzfeld has had to use up all his savings during the last few months in order to keep his head above water. Here again the sole object of the withdrawal of the licence is to force the owner to sell his concern and to emigrate. — 30 —

[Translation.']

2. Letter from the Polish Delegation accredited to the League of Nations, d a t e d August 15th, 1931.

To the Secretary-General of the League of Nations, Geneva. In reply to your letter No. 4/28430/2181, of June 5th, 1931, in which you communicated to the delegation a supplementary petition from M. Graebe concerning the withdrawal of licences for the sale of alcoholic liquor, and with reference to the delegation’s letter No. 20431 of June 10th, I have the honour to communicate to you my Government’s observations on the said petition. The Polish Government has already had occasion to inform you (in regard to another supplementary petition from M. Graebe) that the number of licences for the sale of alcoholic liquor must not exceed 20,000 for the whole territory of the Republic, whereas at the time of the coming into force of the new Law on the Sale of Alcoholic Liquor of March 21st, 1931, there were nearly 22,000 licences. The competent authorities are therefore now required gradually to readjust the present state of affairs so as to bring it into line with the legal provisions in force. Consequently, not only must the total number of licensed premises be reduced to the legal figure, but the whole system of licensed premises must be so modified as to ensure their being equally distributed over the voivodships. The number of licences in the district coming under the jurisdiction of the Fiscal Chamber of Poznan and Grudziadz was 2,932 and 1,527 respectively on March 31st, 1931, whereas the number of licences provided for by the old Law on the Sale of Alcoholic Liquor (dated April 23rd, 1920) was 828 and 415 respectively for the district coming under the above- mentioned Chambers. These figures are fixed by the new law at 2,700 and 1,450. The above figures clearly show that, although the new law considerably increases the number of licences as compared with the old law, the number of licences for which it provides is smaller than the number at present in existence. The Finance Minister has therefore decided to prohibit the issue of any new licences in voivodships where the number of licences exceeds the figure legally provided for. This fact is alone sufficient to show that M. Graebe’s statement in regard to an alleged increase of 10 per cent in the number of licences is groundless. Similarly, his statement to the effect that licences have been withdrawn in 173 cases after the meeting of the Diet in 1930 is untrue. In 134 cases, the withdrawal took place before the meeting of the Diet, in several cases several years prior to 1930, and in one case (M. Emil Rube) in 1921. It will be seen from the above observations and from those previously submitted that the Polish authorities withdraw licences, regardless of the nationality of their holders, exclusively for reasons of public health and in order to conform to laws in force throughout the territory of Poland. The Polish Government can only examine the cases of private persons in the light of these laws.

(Signed) Th. G w i a z d o w s k i . Acting Chargé d’affaires.

[Translation.] C.13.1932.1.

IV. PETITION FROM M. GRAEBE, DATED SEPTEMBER 7 t h , 1931, AND THE POLISH GOVERNMENT’S OBSERVATIONS THEREON.

1. P e t i t i o n .

To the Secretary-General of the League of Nations, Geneva. With reference to my petition concerning the prejudice caused to the German minority in connection with the granting or withdrawal of licences for the retailing of intoxicating liquor, I have the honour to avail myself hereby of the right I reserved to submit fresh considerations. As a supplement to the memorandum which I previously submitted to you, I attach herewith the results of a study on this question covering the period from January 1st, 1920, to June 30th. 1931, which is supplemented by the annexes mentioned therein. I beg to reiterate my petition that equality of rights should be granted to the members of the German minority in the innkeeping industry. I also venture to draw your attention to the regrettable fact that an error of translation occurred in my letter of May 19th, 1931.2 The penultimate paragraph should read : “ These 173 cases came to my knowledge after the Sejm of 1930 ”, and not “ occurred after the Sejm of 1930 . I think I may say, however, that the text, of the annexes made the meaning sufficiently clear. (Signed) G r a e b e , Member of the Chamber of Deputies.

1 In this letter, the Polish delegation acknowledged receipt of the Secretary-General’s letter communicating thu petition. —■ Note by the Secretary-General. 2 See document C.499.1931. — Note by the Secretary-General. — 31 —

Annex 1.

Examination of the E ffects o f the L a w restricting the Sale of Intoxicating Liquor a n d o f the Decrees relating thereto from the Point o f View of the Discriminatory Treatment applied to the Members o f the German Minority from J anuary 1st, 1921, t o J u n e 30th. 1931.

Articles 1, 5, 6, 7 and 11 of the Law of April 23rd, 1920, restricting the sale of intoxicating liquor (see Annex 2, 1), the decrees of the President of the Republic and of the Finance Minister dated December 27th, 1924 (see Annex 2, 2), and of July 8th, 1925, Article 4 (see Annex 2, 3), contain the guiding principles which are to be observed in the carrying-out of the prescribed limitation of the sale of intoxicating liquor. No. 4 and the last paragraph of Article 4 of the Decree of July 8th, 1925 (see Annex 2, 3), in particular, are so worded as to make it possible to attain the end in view without imposing any special hardship, without deprivation of means of livelihood and without discrimination according to origin. The effects of the law in question during the first ten years of its application proved that the safeguarding provisions contained in the laws and decrees in favour of members of the German minority engaged in the sale of alcoholic liquors have not been applied. On the contrary, retailers of German origin have been treated as regards withdrawals of licences with a severity constituting a complete disregard of the equality of treatment of all citizens prescribed by law and constituting a solemn obligation under the minorities treaties. In these circumstances, the number of German retailers of liquor has materially decreased. Statistics of retailers of liquor covering thirty-four districts of the former Prussian territory (Annex 3) show the following figures for January 1st, 1919, and December 31st, 1928 :

1919 1928 Total number Total number of licences Germans Poles of licences Germans Poles 3,453 2,027 1,426 2,570 554 2,016

Until the end of 1928, the number of licences in the hands of Germans therefore declined by 1,473, wrhile the number of Polish licence-holders increased by 590. These figures would be still more unfavourable to the Germans if they also included those of the districts of the Netze and Pomorze area. This remark applies to the districts of Bromberg, Schubin, Wirsitz, Berent, Briesen, Dirschau, Graudenz, Karthaus, Konitz, Kulm, Lobau, Mewe, Neustadt, Putzig, Soldau, Stargard, Strasburg, Thorn and Tuchel. The population of these districts formerly had a German majority ; the proportion of the German population was in any case greater than that of the Poznan districts included in the statistics. Although it cannot be maintained that the reduction in the number of German retailers of liquor is due solely to notices of termination and withdrawal of licences, there can be no doubt that the activities carried on, in full agreement with the authorities, by the “ Divisional Commission for the campaign against alcohol ” (see Annex 2, 1, Article 11) —- an organisation created by the law’ — have been the essential cause of this situation. The prospect of having their licences withdrawn and of thus losing their means of livelihood led a large number of German retailers to sell their concerns as soon as possible and leave Polish territory. Nevertheless, no actual decrease in the number of retail premises in the territory as a whole, which was the essential purpose of the Law of April 23rd, 1920, and of the ensuing decrees, has taken place. This is proved in statistics contained in the Statistical Year-Book for 1929 of the Polish Bepublic, page 494, Tables 29 and 30. These contain official data supplied by the Finance Minister. According to these statistics, the number of licences for the sale of beverages containing up to 2% per cent of alcohol was as follows on January 1st of each year : Licences for the Table 29 sale of all alcoholic liquor 1924 ...... 20,630 1925 ...... 19,932 1926 ...... 19,550 1927 ...... 20,173

Liquor containing Table 30 up to 2% per cent alcohol 1925 11,543 1926 12,913 1927 17,076 1928 19,967!

1 These statistics do not include the figures for the Voivodship of Silesia. — 32 —

As compared with the data of the earlier years, the figures of these statistics relating to the last few years show the following increases : Table 29. — Licences for the sale of all alcoholic liquor, 302. Table 30. — Liquor containing up to 2% per cent of alcohol, 8,424.

A careful examination of the notices of termination issued and of withdrawals of licences up to June 30th, 1931, shows, in so far as it has been possible to ascertain the circumstances of the various cases relating to the former Prussian territories, that, in 334 cases (Annexes 4 and 5), notice of termination was given to, or licences withdrawn from, German retailers in a manner which would have to be regarded as unjustified if the decision was based on the provisions of No. 4 and of the last paragraph of Article 4 of the Decree of July 8th, 1925 (see Annex 2, 3), and of Article 4 of the Decree of December 27th, 1924 (see Annex 2, 2). Of the 334 licence-holders mentioned above, 306 had been exercising their calling for over fifteen years and therefore should, in principle, not have had their licence withdrawn if No. 4 of Article 4 of the Decree of July 8th, 1925 (see Annex 2, 3), had been applied. The other twenty-eight licence-holders should also have retained their licences, in accordance with the text of the last paragraph of the above-mentioned article, if their case had been examined in a spirit of goodwill. Repeated representations to the Finance Ministry made by German members of the Chamber of Deputies regarding particularly gross cases met with no success, as has already been stated previously. The Supplementary Law of March 21st, 1931, contains certain provisions wdiich should mitigate the situation of retailers as regards limitation. Thus, the number of retail premises is fixed for the wrhole territory at 20,000, which corresponds to about one per 1,500 inhabitants, whereas the Law of April 23rd, 1920, only provided for one per 2,500 inhabitants. The limit of the alcohol content of liquors containing a small percentage of alcohol is raised to 4% per cent. The most important text of the additional law (see Annex 2, 4) is Article 24, which stipulates that retail premises existing over and above the 20,000 provided for may be retained until the licence-holder’s death if the latter commits no breach of the special regulations governing the calling of retailer. As a result of the promulgation of this law, there seemed reason to hope that no further notices of termination would be given or licences withdrawn without reason. Unfortunately, we find that, between January 1st, 1931, and June 30th, 1931, a fresh series of notices were issued, the time-limit for liquidation being fixed at six months (Annex 4). In each of these cases, the provisions of No. 4 and of the last paragraph of Article 4 of the Decree of July 8th, 1925 (see Annex 2, 3), which is still in force, and also of Article 24 of the Additional Law of March 21st, 1931, should have been applied.

A few examples will show this : I. At Bromberg, the innkeeper Jakob Wichert has had his licence withdrawal.

Wichert has carried on the calling of innkeeper since 1890 and possesses a restaurant with garden and assembly room under the name of “ Alt Bromberg ”, now' “ Stary Bydgoszcz ” (Old Bromberg), part of the premises being decorated in keeping writh this name. With its big hall, holding about 800 persons, a small adjoining hall, an assembly room (holding about 120), a small concert room and a fine garden with veranda, this restaurant is used for meetings and celebrations of all kinds, not only by German clubs and associations, but also by a large number of Polish clubs ; even under the German rule, many Polish clubs met at this restaurant. Wichert is 65 years old, and in the period of over 40 years in which he has exercised his calling he has never incurred the slightest penalty. The only conceivable ground for withdrawing his licence is that the Polish college installed in the premises of the former German “ Realgynmasium ” is adjacent to Wichert’s restaurant. The law prescribes that in towns licensed premises must be at a distance of at least 100 metres from public buildings, churches, schools, etc. If this ground is relied upon, it should be mentioned that a number of Polish licensed premises also offend against this law. The licences of the owners of these premises have not, howrever, been withdrawn. New licences have even been granted to premises of this kind, the position of which is contrary to the legal provisions. A number of examples may be mentioned :

1. Opposite the Church of St. Clare, at Bromberg, in the Wilhelmstrasse (now Jagiellonska), there are three licensed premises in two adjacent blocks — namely, the wrine and snack bar formerly belonging to Werkmeister, and now' owned by the Pole Liermann ; the snack bar and restaurant of Messrs. Kalkstein-Oslowski, wholesale dealers in spirits ; and the Café Savoy, wdiere brandy and liqueurs are also served. The distance between these establishments and the Church of St. Clare is only fifteen to twenty metres.

2. In the “ Friedrichsplatz ” (now Stary Bynek), at Bromberg, stands the German Catholic Church of the Jesuits ; on its left, at a distance of twenty-five metres, is the café- restaurant “ Probus ”, which retails spirits and also sells them in bottles. — 33 —

3. In the Danziger Strasse (Ulica Gdanska), at Bromberg, the restaurant “ Ul-Bar ” was established, under a licence in February 1930, opposite the Protestant Church of St. Paul, at a distance of not more than thirty metres. The establishment of this restaurant did not answer to any necessity, for there are four other restaurants within two to five minutes’ walk -— namely, the “ Hotel Adler ”, the “ Bratwurstglôckerl ” and the “ Zagloba ” restaurants, and the restaurant of the company owning the German Casino, which, under German rule, was the meeting-place of the cultured classes. On July 1st, 1931, the “ Orzel ” Hotel (formerly the “ Adler ”) also established in the old dining-room a bar for which it obtained a licence for the sale of all alcoholic liquor. 4. In the spring of 1931, a licence was granted for the installation of a bar of the name of “ Bar Sniadeckich ”, in the Elisabethstrasse (now Sniadeckich), at Bromberg. This establishment is nearly opposite the Protestant meeting-hall, which is also used for services, and is quite near a meeting-hall of the Evangelical-Apostolic community ; in both cases, the distance is less than 100 metres.

II. In Schubin, chief town of its district, the innkeeper Heinrich Ristau has, since 1882, been running an hotel and a restaurant which is also a meeting-place for societies. A big beer- hall and adjacent room for meetings, and another hall with accommodation for 500 persons, with veranda, are utilised by the various German and Polish societies of the town and of the neighbouring countryside for their meetings ; a big garden also provides facilities for open-air celebrations. On June 30th, 1931, Ristau’s licence was withdrawn without any reason being given. Ristau is 73 years old. The establishment genuinely fills a local need, for there is no other establishment which can be used as a meeting-place for clubs or associations. The withdrawal of Ristau’s licence will oblige him to sell his establishment to a Pole, for no new licences are granted to Germans and the property can hardly be used for any other purpose. The owner himself, who has no children, is too old to change his calling. The total number of German innkeepers who have been called upon to liquidate their licensed premises by June 30th, 1931, exceeds thirty. This brings the total number of innkeepers who have been obliged to liquidate and whose cases have come to our notice to nearly 400. Although the additional law, in Article 24 (see Annex 2, 4), expressly stipulates that licences, even if their number exceeds the regulation figure, must remain in force until the holder’s death, and it might therefore have been hoped that, after the entry into force of this law, the sword of Damocles constituted by the possible withdrawal of the licence would also disappear for German licence-holders, we hear that, on July 2nd, the war-widow Anna Borchardt, at Kolmar, was notified that her licence would be withdrawn, the time-limit for liquidation being fixed at six months. This fact proves that the sufferings of the German innkeepers are not yet at an end. It also proves that the alleviations stipulated by the new law will be reserved for Polish innkeepers, as was notoriously the case as regards the application of the previous regulations. In the case of the German innkeepers, the law supplementing the law on the restriction of the sale of intoxicating liquor also brought no improvement, since, as in the past, their licences are still being withdrawn without reason, as is proved by the case of the war-widow Anna Borchardt, at Kolmar. Notices of termination and withdrawals are based on Article 78 of the Decree of the President of the Republic, dated March 26th, 1927, on the alcohol monopoly (Annex 2, 5). This article allows the Finance Administration to withdraw a licence at any moment on six months’ notice, without the holder being entitled to compensation. This clause deprives persons whose licence is withdrawn of all legal redress. The holder is deprived of his means of subsistence without being able to defend himself by taking any legal action. But the very existence of such provisions is only possible because the national majority does not feel its effects and the minority is unable to secure any modification of the law by its unaided efforts. To sum up, it may be said that the effects of the application of the law on intoxicating liquor over a period of ten years clearly show that this law constitutes an instrument of the policy of degermanisation, numerous proofs of which have already been provided.

Annex 2, 1.

Law of April 23 r d , 1920.

Article 1. In order to reduce the consumption of intoxicating liquor, the sale of beverages containing more than 2 % per cent1 of alcohol is limited as laid down in Articles 3 to 6 of the present law. Decisions regarding prohibition of the public trade in beverages of a smaller alcoholic content shall be taken by the Minister of Public Health in agreement with the Finance Minister and the Minister of Trade and Industry.

1 Now 4% per cent. — 34 —

Article 5. The number of premises authorised to retail or dispense intoxicating liquor for consumption on the premises shall be fixed at the rate of 1 per 2,500 inhabitants nevertheless, not more than half of such premises may be authorised to retail such liquor for consumption on the premises. As from the date of promulgation of the present law, the number of retail premises at present in existence may in no case be increased, whatever the number of inhabitants. The reduction in the number of premises in accordance with the foregoing provisions shall come into effect as from January 1st, 1921. Article 6. No retail premises may be situated within a radius of fifty metres of buildings occupied by factories employing more than fifty workmen, nor at a distance of less than 100 metres from the outer limits of buildings containing churches, places of worship belonging to confessions recognised by the State, schools, courts of law, prisons, railway stations, steamer landing- places, barracks or establishments employing more than 100 workmen. The distance of 100 metres is applicable to towns, this distance being increased to 300 metres in villages. The Finance Minister may, in agreement with the Minister of Public Health and the Minister of the Interior, authorise exemptions from the foregoing provisions in certain particular cases. Article 7. In accordance with the limitations laid down in Articles 1 and 2, it is prohibited to sell and serve intoxicating liquor : (a) To minors under 18 years of age ;2 (b) To the pupils of elementary and secondary schools ; (c) On credit or pledge ; (d) In railway refreshment rooms, within the precincts ofrailway stations, in trains, on the landing-stages of steamship companies and on the steamships themselves ; (e) Within the precincts of barracks and camps and in military shops (Sklepp) and canteens ; (/) Within the precincts of factories and industrial buildings, and ongrounds and in premises devoted to sports and gymnastics ; (g) In hostels and fire stations ; (h) In all places :

(1) Where military recruiting, mobilisation operations or legislative or municipal elections are carried on, throughout the duration of such operations ; (2) In which, in order to ensure the maintenance of public order, the Minister of the Interior or the administrative authorities appointed by him for this purpose, shall have prohibited the sale or dispensing of intoxicating liquor during the sittings of special courts, for the duration of a state of emergency or in the case of popular gatherings ; (i) On Sundays and holidays, the limitations in question shall come into force at 3 p.m. on the day before the holiday and remain applicable until 10 a.m. on the day following ;3 (k) In localities situated outside the territory of the chief towns of districts, or of the voivodship, or of the capital on days of popular gatherings such as markets, fairs, pilgrimages, processions, missions, etc., the limitations mentioned under 1 shall be applicable mutatis mutandis ; (I) In buildings used for public services.

Article 11. In order to ensure the application of the provisions of the present law, the Minister of Public Health, in agreement with the competent Ministers, shall call in the assistance of the State and communal authorities and of the temperance, philanthropic and social welfare associations.

Annex 2, 2.

Presidential Decree o f December 27th, 1924, concerning t h e Revision o f L ic e n c e s f o r the Sale o f Articles subject t o Monopoly. Article 1. Independently of the cases laid down by the laws and regulations in force, the revenue authorities specially authorised for this purpose by the Finance Minister shall cancel by

1 Now 1,500. 2 Now 21 years of age. 3 At present retailing is authorised after 2 p.m. on Sundays and holidays. — 35 — degrees, as from January 1st, 1925, and during a period of not more than two years as from this date,1 the licences at present granted for the sale of articles subject to monopoly. This cancellation, which shall be subject to at least three months’ notice, shall entitle the holder to the refund of the unexpired fraction of the licence but not to any compensation or explanation.

Article 4. The Finance Minister may, paying due regard to the interests of the State, allow concessions liable to cancellation, as provided for in Article 1, to continue to run in certain special cases worthy of consideration.

Annex 2, 3.

D e c r e e b y t h e F i n a n c e M i n i s t e r , d a t e d J u l y 8 t h , 1925, c o n c e r n i n g t h e I n s p e c t i o n

o f L i c e n c e s f o r t h e S a l e o f A r t ic l e s s u b j e c t t o M o n o p o l y .

A. LICENCES FOR RETAIL SALE.

Article 4. Upon inspection, the licences of non-privileged persons shall be withdrawn in the following order : (1) From persons managing a business on behalf of another person ; (2) From persons who, in addition to their licence, possess other sources of income providing them with a sufficient livelihood ; (3) From persons having exercised their calling for less than five years ; (4) From persons having exercised their calling for fifteen years. In all four categories, due account shall be taken of age, family circumstances, state of health, financial resources and past record of the person concerned.

Annex 2, 4.

L aw o f March 21st, 1931, concerning Pœstrictions o n the S a l e o f Alcoholic Liquors.

Article 24. Licences for the retail sale of alcoholic liquors, which, after the allocation of the number (20,000) of premises for retail sale fixed in Article 3 of the present law for the whole of Poland, may exceed the figure prescribed in the voivodships where there are already too many such premises, shall remain in force until the death of the concession-holder or until the cancellation of the licence in the cases provided by law, or until the concession-holder has resigned his licence. Nevertheless, the maximum number of 20,000 premises for public retail sale (Article 3) may in no case be exceeded for Poland as a whole.

Annex 2, 5.

Presidential D e c r e e o f March 26th, 1927, o n the Alcohol Monopoly. [Legal Gazette, No. 32, of April 6th, 1927, Section 289, page 394 (translation, pages 188 to 196).)

SECTION 5. — SALE OF REVERAGES.

Article 78. Authorisation to sell intoxicating liquor wholesale or retail shall be granted by the financial authority of the second instance to a specific person for definitely specified premises and for an unlimited period, subject, however, to the right of cancellation without compensation. The cancellation of the authorisation must be notified to the concession- holder at least six months before the term fixed for the closure of the enterprise. No period °f grace for purposes of liquidation shall be granted in cases of closure of the undertaking for defrauding the revenue.

1 This period has been several times prolonged, the last time being until December 31st, 1928, by Decree of January lbth, 1928. — 36 —

Annex 3.

S t a t is t ic s o f L i c e n c e s TO RETAIL S p i r i t s .

Division Number of Inns 1919 19-28 Total German Polish Total German Polish 1. Adelnau . . . . 96 48 48 73 13 60 2. Birnbaum . . . 125 85 40 84 26 58 3. Czarnikau . . . . . 51 44 7 45 8 37 4. G nesen...... 194 100 94 162 22 140 5. G o sty n ...... 64 25 39 53 8 45 6. Grâtz ...... 74 34 40 43 1 42 7. Hohensalza . . . 191 117 74 122 17 105 8. Jarotschin . . . 65 22 43 69 10 59 9. Kempen . . . . 111 65 46 55 9 46 10. Kolmar ...... 158 139 19 107 50 57 11. Koschmin . . . 47 17 30 34 4 30 12. K osten...... 26 14 12 25 3 22 13. Krotoschin . . . 139 77 62 78 18 60 14. L i s s a ...... 120 97 23 99 25 74 15. Mogilno . . . . 106 47 59 75 15 60 16. Neutomischel . . . . 69 61 8 69 40 29 17. Obornik . . . . 101 71 30 68 25 43 18. Ostrowo . . . . 83 52 31 78 o 76 19. Pleschen . . . . 54 24 30 31 1 30 20. Posen (country) . . . 48 26 22 28 9 19 21. Posen (town) . . . . 344 180 164 214 14 200 22. Rawitsch . . . . 126 90 36 90 23 67 23. Schildberg . . . 59 19 40 56 4 52 24. Schrimm . . . . 62 20 42 52 6 46 25. Schmiegel . . . 68 36 32 46 6 40 26. Schroda...... 27 24 63 71 8 63 27. Seekreis . . . . 106 50 56 101 26 75 28. S trelno...... 89 36 53 54 8 46 29. Schwetz . . . . 204 140 64 163 66 97 30. Wollstein . . . . 106 80 26 92 41 51. 31. Wongrowitz . . . . 58 50 8 52 9 43 32. Wreschen ...... 93 42 51 76 6 70 33. Z n in ...... 44 26 18 43 10 33 34. Zempelburg . . . . 85 69 16 62 21 41

Total . . . . . 3.453 2,027 1,426 2,570 554 2,016

Comparative Table.

German retailers, 1919 ...... 2,027 Polish retailers, 1 9 1 9 ...... 1,426 end of 1928 . . . 554 ,, ,, end of 1928 . . . 2,016

Decrease...... 1,473 Increase...... 590 37 —

Annex 4.

Synoptic Table of Licensees under Notice of Termination or Licences cancelled in the Provinces of Pomorze, Netzegau and Poznan, contrary to Articles 1 t o 9 of the Law of July 31st, 1924, for the Increase of the Public Revenue and Revival o f the National Economy, and to Article 4 of the Finance M inister’s Decree, dated July 8th, 1925, concerning the Inspection of Licences for the Sales of A rticles s u b j e c t to M o n o p o l y .

(a) In the case of licensees having exercised their calling for over fifteen years. (b) Despite other circumstances justifying the maintenance of the licence in accordance with Article 4, last paragraph of the Decree of July 8th, 1925.

Province Division Total (a) and (6) Total undertakings

I. («) ( 6 ) Pomorze B eren t...... 0 5 Briesen...... 8 8 Dirschau .... 8 8 Graudenz. . . . 15 14 1 Karthaus. . . . 6 5 1 Konitz...... 15 12 3 K u l m ...... 6 6 Lobau ...... 1 1 Mewe...... 7 Neustadt. . . . 3 d P u tz ig ...... 2 2 Schwetz .... 12 li Seekreis .... 9 9 Soldau...... 6 6 Stargard .... 4 4 Strasburg. . . . 12 10 2 T h o r n ...... 30 27 3 Tuchel...... 6 5 1 Zempelburg. . . 11 9 2 Total for 1 166 152 IT II. Netzegau Bromberg. . . . Czarnikau. . . . / 5 Hohensalza. . . 2 2 Kolmar...... 18 17 Schubin .... 9 9 Strelno...... 3 3 Wirsitz...... 9 9 Wongrowitz. . . 3 3 Znin...... 2 2 Total for II In ~58 3 III. Poznan Adelnau .... 10 9 1 Birnbaum. . . . li 11 Gnesen...... 4 3 1 Gratz ...... 3 3 Jarotschin . . . 2 2 Kempen .... 10 10 Koschmin. . . . 1 1 Krotoschin . . . 4 4 Lissa...... 5 5 Mogilno .... 4 3 1 Neutomischel . . 16 12 4 Obornik .... 8 7 1 Ostrowo .... 1 1 Posen ...... 7 7 Bawitsch. . . . 5 5 Sam ter...... 3 1 Schildberg . . . 2 2 Schmiegel. . . . 2 2 Schrimm .... 2 2 Schroda .... 2 2 Wollstein. . . . 4 3 1 Wreschen. . . . 1 1 Total for 111 96 11 Total for II 58 3 Total for I 152 14 Grand Total . 306 28 Annex 5.

The original of this annex, which consists of a graph, is at the disposal of the Members of the Council in the archives of the Secretariat.

2. L etter from the P olish D elegation accredited to the L eague of N ations, d a t e d D ecem ber 30 th , 1931.

To the Secretary-General of the League of Nations, Geneva. In a letter dated September 15th, 1931, No. 4/31046/2181, you were good enough to send me a petition, with annexes, dated September 7th, from M. Graebe relating to the granting and withdrawal of licences for the retailing of alcoholic liquor, which you regarded as supplementary to that of the same petitioner, dated May 19th, 1931.1 I have the honour to communicate to you herewith my Government’s observations concerning the above-mentioned petition of September 7th last. The Polish Government has already on several occasions been at pains to explain the legal provisions which govern the granting and withdrawal of licences for the retailing of alcoholic liquor. It has also furnished detailed explanations regardingthe practical application of the legal rules in force. It can therefore only refer to its previous observations either with regard to M. Graebe’s earlier petitions or to the individual petitions of the persons concerned, and it does not consider it desirable to enter once more upon an examination of the general aspect of the problem. Nevertheless, the Polish Government feels it to be its duty to give a few explanations which, in its opinion, will satisfy the members of the Minorities Committee that M. Graebe’s assertions regarding the alleged differential treatment of licence-holders of German nationality are devoid of all foundation : I. The statistics concerning the nationality of licence-holders in 1919 and 1928 submitted by M. Graebe (even if they are accurate) take no account either of the departure of persons having opted for Germany in virtue of the Treaty of Peace, or of the loss of licences by optants having remained in Poland whose concessions were finally cancelled in virtue of Article 79 of the Decree of the President of the Republic regarding the State monopoly of the sale of alcohol (Legal Gazette of April 6th, 1927, No. 32), no convention having been concluded between Germany and Poland on this subject. II. M. Graebe seems to forget that a considerable number of Poles who were licence- holders were unable, under the Prussian domination, to divulge their nationality, for reasons on which the Polish Government does not think it desirable to enlarge, these reasons being universally known. The circumstances mentioned above, however, are of vital importance as regards the question raised by M. Graebe. III. Despite the facts mentioned above, to which should also be added the normal evolution of ethnographic conditions (decease of holders, voluntary liquidation, etc.), the number of licence-holders of German nationality in relation to the total number of licences still materially exceeds the percentage of the German minority to the total population. This fact, however, is of small importance, for considerations connected with the nationality of licence-holders play no part whatever in the question of granting or withdrawing licences. Lastly, the Polish Government wishes to point out, while referring to its previous statements, that the legal provisions in force assign limits to the number of retail premises in each voivodship, calculated so as not to exceed the total number of 20,000 for the whole territory of the Republic, and fixing the time-limit of July 1st, 1932, for bringing existing conditions into line with these provisions. The competent authorities will therefore act in such a way as to ensure the execution of the above-mentioned provisions.

(Signed) F. S okal, Minister Plenipotentiary, Delegate accredited to the League of Nations.

C.459.1932.1.

V. PETITION FROM M. GRAEBE, DATED JANUARY 22n d , 1932, AND THE POLISH GOVERNMENT’S OBSERVATIONS THEREON.

[Translation.] 1. P etition. To the Secretary-General of the League of Nations, Geneva. I have frequently expressed the opinion that, in withdrawing licences for the sale of intoxicants, the Polish Government was not applying the law with absolute impartiality, but that its action was prompted by motives of a clearly political and nationalist character to the

1 See document C.499.I931.I. — Note by the Secretary-General. — 39 — detriment of the German minority in Poland. An extremely significant incident, which has confirmed this opinion, impels me to produce in support additional documents referring to my further petition of September 7th, 1931-1 To give a detailed account of this incident, I am obliged to return to the memorandum submitted to the Polish Government, the text of which was transmitted to the Council of the League of Nations in the summer of 1930, with a request for consideration and action.2 In the evidence furnished in that memorandum, on page 16 et seq., in support of the opinions expressed on page 3, §§ 1 to 5, reference is made on page 18, §5, to the case of Emma Beyer, widow, of Kulm, whose licence, which she had held for thirty-five years, was with­ drawn in 1926, on the ground that her premises were situated at a distance of only ten and twenty metres from the lawr courts and church respectively. Mme. Beyer’s appeal to the Supreme Administrative Tribunal was rejected, although the Starost of Kulm, in his opinion dated September 25th, 1926, L.dz 7720/11, supported Mme. Beyer’s application for the return of her licence, and although persons of Polish nationality whose premises were situated at the same distance from public buildings had had their licences renewed after that of Mme. Beyer had been withdrawn. One of these persons was Franciszek Deja, who received a licence in 1927 as a disabled ex-soldier. Deja belongs to a Polish family, but is married to a woman of German origin who does not speak Polish. In the course of correspondence with the authorities regarding the continuation of his licence, Deja received the official certificate, hereto appended (with translation), of which I possess a copy authenticated by a notary public, stating that he had never been convicted of any offence, that he had never infringed the regulations, and that he kept his premises clean. In spite of that, his licence was withdrawn in the autumn of 1930. His appeal to the Supreme Administrative Tribunal has been pending for more than a year without the latter having taken any decision in the matter. According to the text of the certificate, the only reason for the withdrawal of the licence was that “ he spoke nothing but German with his wife and that he frequently spoke German with his children ”, consequently, in the opinion of the authorities, “ he does not enjoy a good reputation politically ”. It may nevertheless be expected that the Polish Government will assert that the licence was withdrawn because Deja’s premises were not at the distance required by law (viz., 100 metres) from public buildings. But the particulars in the annex afford irrefutable proof that the sole reason for the action taken against Deja was the German origin of his wife and the fact that the German language was employed by his family as its mother tongue. In this connection, we may refer to the case of Walter Schramm, of Beda. His tenant, a Pole named Szur, received a written assurance from the Finance Office at Graudenz that a full licence would be issued to him, “ provided that you can establish purchase of the land of Walter Schramm of Reda by production of the deeds ”, The two examples given above, together with the 417 officially-knowm cases of the withdrawal of licences previously held by Polish citizens of German origin during the years 1925 to 1931, prove irrefutably that these proceedings were the result of political measures of a purely nationalist character. As Annex 2 to the present document, I append a table showing, year by year, the officially known cases in which licences were withdrawn. It will be seen from this table that, during the years 1929, 1930, 1931, when the effects of the world economic depression wrere being clearly felt, it was the German hotel industry which, in proportion to its size, suffered most seriously by the withdrawal of licences. The Polish Government stated at the time that the lawr amending the anti-alcohol law would give satisfaction to all those concerned. Unhappily, for persons of German origin and to my own great regret, I am bound to draw attention to the fact that as a result of the quota system, which under the law amending the Anti-alcohol Law of March 21st, 1931, was to be initiated on October 1st, 1931, and completed by Julyr 1st, 1932, almost all the German licensees will have lost their licences before the date specified (July 1st, 1932). This remark applies more especially to Germans wThose premises have special value in Polish eyes on account of the money they bring in, their up-to- date equipment and their importance to German interests in Poland through their use as meeting-places for German associations and vocational organisations. For all these reasons, the above-mentioned premises are regarded as peculiarly appropriate for transfer to Polish hands. The purpose of such measures is not merely to deprive Germans of all means of their livelihood and force them to emigrate to Germany, but, above all, to prevent anything in the nature of German social and cultural life. As regards the quotas provided for by the law, it should be pointed out that, under the terms of the latter, there is henceforward only to be one place for the sale of intoxicating liquors per 1,500 inhabitants. It might therefore have been expected that licences would be distributed in accordance with that rule and that German licensees would be taken into consideration, at least in so far as they wrere already in possession of licences in 1931. Instead of that, however, the withdraw al of licences held by German innkeepers has been going on right up to the present. In a great many towns and villages, the legal ratio of 1 : 1,500 has not been observed. Communes where the licensees are Germans have been particularly badly treated. In the

* See document C.13.1932.1. — Note by the Secretary-General. See document C.483.1930.I. — Note by the Secretary-General. — 40 — case of these communes, the State simply makes no provision for premises for the sale of intoxicating liquors, as for example the commune of Wilhelmsmarck, District of Schwetz (Dworzysko pow. Swiecie), Pomerelia (Pomorze). In that commune, there is only one licensee, Gustav Nitz, a German, who has been in the trade for thirty years. He is a Polish citizen. His establishment consists of a single room and of two bedrooms, which he lets. The commune has a population of 700. In the village of Gr. Deutsch-Konopat (Wielki Konopat), which is one kilometre from the village previously named and has a population of only about 600, the State is, on the other hand, making provision for a shop for the sale of drink without a licence for consumption on the premises. The proprietor of that shop is, it is true, of Polish origin. I will quote one other example taken from the Netzgau area in the district of Bydgoszcz. In the village of Niederstrelitz (Strzelce Dolne), the State does not propose to authorise any licensed premises whatsoever. The only licensee at present living in the place is a German named Oskar Lachmann. His premises include a room capable of seating approximately 250 people, which has been licensed for the last 200 years. Lachmann has been the owner for twenty-four years and has had the establishment refitted in accordance with the regulations. The nearest inns are those in the villages of Fordon and Valki, at a distance of seven and a-half and eight kilometres respectively from that owned by Lachmann, The existence of licensed premises at Niederstrelitz is therefore absolutely necessary for the purposes of local traffic, and this establishment would certainty have been included on the list had the innkeeper been a Pole. The introduction of State control in the towns also bears the stamp of nationalist intolerance. In this connection, special attention should be drawn to the following two points : (1) Towns the vast majority of whose population is of Polish origin are granted a number of licences greatly in excess of the stipulated ratio of 1 : 1,500. (2) In spite of the non-observance of the ratio of 1 : 1,500 and although the proportion has been considerably increased, innkeepers of German origin have been passed over notwithstanding their applications to be left in possession of the licences they already held.

Examples illustrating point 1 are to be found in the towns of Poznan and Bydgoszcz. At the present date, the population of Poznan is approximately 220,000. On the basis of the ratio of 1 : 1,500 it is therefore legally entitled to no more than 146 licences, 75 per cent of which, or 108, with the right to sell intoxicating liquors for consumption on the premises and 25 per cent without this right. According to the list published in the Official Bulletin of the voivodship, dated November 21st, 1931, this town obtained 320 licences, 240 with the right to sell intoxicating liquors for consumption on the premises, and 80 without this right. In this case, therefore, the ratio is 1 : 627.5, instead of 1 : 1,500. The town of Bydgoszcz has at present a population of approximately 115,000. According to the law, it should therefore be allotted seventy-six licences, fifty-seven with and nineteen without the right to sell alcoholic liquors for consumption on the premises. The list published in the Official Bulletin of the voivodship shows 154 establishments, and Official Bulletin No. 51. of December 12th, 1931, allows for forty-five without the right to sell for consumption on the premises. In this case, therefore, the ratio is 1 : 746, instead of 1 : 1,500. I should like to conclude my remarks regarding point 2 with a few recent instances of the withdrawal of licences (Annex 3). Such withdrawals will take effect during the coming year, unless the League of Nations takes immediate action on behalf of the German minority. None of the licensees concerned has been twice convicted by a court of law, which the law provides must be the case before a licence can be withdrawn. If there have been convictions in the case of certain Germain innkeepers, they have never involved anything more serious than fmes imposed — with the utmost rigour, it is true — by the administrative authorities for insignificant infringements of the regulations regarding the sale of liquor ; offences committed by persons of Polish origin, on the other hand, go, in the main, unpunished. The following are examples of the infringements in question : (1) Keeping premises open after the regulation hour at the request of clients on the occasion of some public celebration, such as the birthday of the President of the Republic or of Marshal Pilsudski ; (2) Failure to comply with the regulations regarding the quantity or assortment of liquors to be kept in stock and discovery of this state of affairs by revenue officials on a visit of inspection.

As a result of the economic situation, which, since 1929, has grown very difficult, licensees have also been hard hit and are not always in a position to stock the necessary assortment and quantities of alcoholic liquors. On the other hand, cases may be cited in which innkeepers of Polish origin have been guilty of offences against the provisions of the Penal Code and have been sentenced to terms of imprisonment, without their licences being taken from them. In support of this statement, we may quote the following examples. 41 —

Netzegau Area.

About four months ago, a Polish innkeeper of the name of Stanislaw Lypock, of Chodziez, was sentenced by the Margonin district court to seven days’ imprisonment for theft. This sentence should have carried with it the withdrawal of his licence, especially as, for some two or three years past, the establishment in question had become the scene of indescribable orgies of all kinds, which, in themselves, should have led to the immediate closing of the establish­ ment in the public interest. The police and judicial authorities are aware of these facts. Police officers do not even dare to enter the establishment, through fear of resistance from Lypock. For a long time, the latter sold drink without a licence, and, as all punishments remained without effect, the State finally gave him his licence to avoid further trouble. Lypock is an “ Insurgent ”, a member of the Federation, and was commander at Budsin during the transition period. Even at that time, he committed various offences against property. As a result, he became involved in legal proceedings, all of which, however, terminated in his favour.

Pomerelia (Pomorze) Area.

At Scharnau, in the District of Torun, a certain Czymerek, who had twice been convicted for selling liquor without a licence, was granted the full licence as from January 1st, 1931 ; he carries on business in the ordinary living-rooms of a private house. On the other hand, the licence of August Tews, an innkeeper in the neighbouring Amthal, who had been in the trade for twenty-nine years, was withdrawn, the order taking effect as from June 23rd, 1931. Poznan Area.

The nine licensees of Polish origin at Miloslaw, in the District of Wreschen, include Felix Monaszwinski. The authorities have on several occasions convicted him of smuggling ; his licence has not been withdrawn. On June 30th, 1930, in the same village, the only innkeeper of German origin, Wilhelm Fitzke, who had been in the trade for twenty-eight years, had his licence taken away. Fitzke is unfit for work ; he suffers from double inguinal hernia, varicose veins and stomach trouble. As a side line, he has a small bakery, using from 125 to 150 kilogrammes of flour per week. The nine licensees of Polish origin at present own the following businesses : 1. Anton Swiderski : a grocer’s shop, a sweet-shop, a drug-store, a hardware-store, a coal and building-material business. 2. Felix Monaszwinski : a grocer’s shop and a hardware-store. 3. Anton Banszkiewicz : a hotel and a grocer’s shop. 4. Jan Walczak : a smithy, a carrier’s business, a farm and an assembly-room. 5. Mme. Mielcarek, widow : a grocer’s shop, a sweet-shop and a building-material business. 6. Janowski : a farm. 7. Marcin Psyk : a grocer’s shop.

In 1924, for example, Mme. Zielke, a widow living at Kowalewo, in the District of VVabrzezno, was fined 5 zloty by the police out of court for selling a quarter of a litre of czysta on a Sunday. In 1927, a young man, who was being tried on a charge of resisting the police, accused her of selling drink on Sunday and she was ordered to pay a fine of 35 zloty. In point of fact, the spirits in question consisted a single bottle ■— of a brand unknown to Mme. Zielke — which was one of the prizes in a tombola organised at a meeting of the Summer Association. Mme. Zielke was not even ordered to be present at the proceedings. Gustav Nitz, of Dworzysko, had never incurred anything more serious than small fines during the forty years he was in the trade. In 1920, he demanded a judgment of the court m a matter in which he believed himself to have been unjustly treated. The grounds for his fine were that, one Sunday, certain customers took advantage of his absence for a short time and poured themselves out glasses of spirits, which they then drank. They then proceeded to boast of this exploit, as a result of which Nitz was fined 50,000 marks (during the inflation period). His appeal to the court was relatively successful ; the fine was reduced from 50,000 to 5,000 marks. In the circumstances, however, complete acquittal might have been expected. Robert Pieper, of Chodziez, was fined by the administrative authorities after having been officially warned in September 1922 that his licence would be withdrawn. The fine was imposed because a domiciliary search at his private dwelling (which, it may be said incidentally, was carried out without the requisite warrant being issued) brought to light a ynall quantity of cigarettes of German origin, which were intended for his personal use. ‘his fact was not sufficient to justify the withdrawal of a licence, which can only take place after two sentences by a court of law. In contrast to this, the licence of Pieper’s neighbour, '•alentin Dalkowski, a tradesman of Polish origin, who has several times been convicted for the illicit sale of alcoholic liquors and for remaining open after the time fixed by the police, has not been withdrawn. Oskar Rosier, innkeeper, of Chodziez, had also never been sentenced by a court of law. — 42 —

He had merely been ordered, on April 13th, 1929, to pay a fine of 20 zloty, because his wife had supplied a customer with 1 zloty’s worth of spirits, of a brand known as “ Akwawit ”, in a bottle which the customer had himself provided. The law, however, only prohibits licensees from retailing spirits falling under the State monopoly. Monopoly spirits can only be retailed in glasses, or in bottles or containers, bearing the seal of the Monopoly. As in Hosier’s case, the spirits involved were of a commercial brand ; a fine was not justified. Paul Schônfeld, of Bnin, in the District of Srem, was also unwarrantably deprived of his licence. He is now 61 years of age and his licence has been his only means of livelihood since 1899. His advanced age, together with the fact that he is 38 per cent disabled, have compelled him to let his grocery business to Albin Krunszyk, who pays him 60 zloty a month in return ; he is suddenly called upon to wind up his affairs by June 30th, 1932. His wife, who is 68 years of age, is ill, Schônfeld is not in receipt of a pension, because his income is said to be too high. In consequence, this aged couple is threatened with ruin — along with the others. At the same time, the licensees in this village include two of Polish origin, one of whom is the proprietor of a farm of about 150 morgen, while the other owns a grocer’s shop and a hardware-store. Schônfeld was the last German licensee in the district. In many other cases, licensees of German origin have lost their licences without being convicted of any offence whatsoever. While the fact exists that the establishments in question do not fully comply with the regulations, which is sometimes relied upon to justify such measures, it is also true of other establishments in the same neighbourhood kept by persons of Polish origin against whom no such action is taken. In my petition dated September 7th, 1931,1 I submitted a number of examples in support of this assertion. Hermann Schillert, innkeeper, of Mrowa, was fined by the administrative authorities because his stocks did not include the required quantity and assortment of spirits. The fine amounted to 20 zloty. On two occasions, an innkeeper named Cierpinski was merely ordered to pay an insignifi­ cant fine by the administrative authorities for the following offences : 1. On September 17th, 1924, he should have paid a sum of 50 zloty, which had fallen due in respect of certain alcoholic liquors, to the Kasa Skarbowa. He could not obtain the official labels except on presentation of the receipt showing that the sum of 50 zloty had actually been paid by him. As the hour was late and the office closed, he was unable to make the payment in question that day and was obliged to return home without completing his business. On September 19th, his premises were inspected and, being unable to produce the labels, he was fined 30 zloty by the Urzad Skarbowy Akcyzowy of Jarocin. As he does not speak Polish, he neglected to appeal against this decision. 2. On June 13th, 1928, a visiting inspector discovered that the alcohol in a bottle of czysta, containing approximately one-third of a litre, was only 32.7 per cent instead of 40. The licensee had used this particular bottle for his own personal use and for some masons who were working at his house. On June 22nd, 1928, the Urzad Skarbowy Akcyzowy at Jarocin ordered him to pay a fine of 50 zloty. He appealed against this decision to the Wielkopolska Isba Skarbowa at Poznan. On August 25th, 1928, the fine was reduced to 20 zloty by a decision of the revenue authorities. On the other hand, a Polish innkeeper of the name of Ignac Szelagowski, living in the same village, was allowed to retain his licence even though on several occasions the authorities had seized on his premises spirits which he had himself distilled. August Schade, innkeeper at Chmielinko, in the District Nowy-Tomysl, who has pursued his calling for fourteen years without ever getting into difficulties with the authorities, has never incurred any penalty except a very small fine for selling intoxicating liquors outside regulation hours. In the last place, I may mention Otto Bederke, who has never been convicted of any offence and has been a proprietor of licensed premises since 1911. As his establishment was situated too near a public school, he was obliged to close dow'n and had to dispose of it at a price below that current in the neighbourhood to a Polish innkeeper, who immediately obtained a licence to sell wine and beer. Another Polish innkeeper, named Bochinski, of Wolstyn. whose establishment w as situated even nearer a public school, has retained his licence, as has Sylwester Kramczyk, a retired sergeant of gendarmerie, a Pole by origin, who only' obtained his licence two years ago. I further append an annex with a list for 1931 of twenty-six cases in which licences were actually withdrawn or notice of withdrawal given. In short, I again observe that the Anti-alcohol Lawr and the law amending it are being applied to the detriment of the German minority in Poland. As irrefutable evidence, I append a comparative table o f what has taken place in the several districts, which corroborates my statements. I wish to appeal before it is too late to the promises so frequently made by the League of Nations, which has always declared its willingness to grant special protection and assistance to national minorities. I urge it to realise how serious the situation is and in consequence to grant the protection for winch we ask.

(Signed) G r a e b e , Deputy.

1 See document C.13.1932.1. — Note by the Secretary-General. — 43 —

Annex 1.

[Translation of the copy duly authenticated by a notary .]public City Public Security (Annex to No. 1591/30.) Office. L. dz. 6743/29. P. II. Kulm, August 10th, 1929.

C e r t i f i c a t e . Franz Deja, proprietor of the “ Radziecka ” inn, 41, Bahnhofstrasse, does not enjoy a good reputation politically. He speaks nothing but German with his wife and frequently speaks German with his children also, both in his private house and restaurant. Had he been a good Pole, actuated by patriotic feelings, he would have been able, during the ten years he has lived in Poland, to teach his wife the language, since he himself is of Polish origin. No exception can be taken to his general conduct, as hitherto he has complied with all the regula­ tions, has never been fined and manages his establishment satisfactorily. He claims to be suffering from lung trouble. City Public Security Office.

(Signed) Zaw a c k i, Mayor.

P.S. ■— I certify that the above is a true copy of the original.

(Signed) Sz y m a n s k y , Notary public. Kulm, May 21st, 1930.

Annex 2.

Annual S t a t is t ic s o f K n o w n C a s e s o f t h e W i t h d r a w a l of L ic e n c e s f o r t h e S a l e

o f I ntoxicating L iq u o r s a n d T o b a c c o .

Years Number of licences Percentages 1925 ...... 9 2 1926 ...... 6 iy 2 1927 ...... 13 3 1928 ...... 39 9 1929 ...... 134 30% 1930 ...... 142 33 1 9 3 1 ...... 74 18

417 97 Plus 1932 (to the date of writing). . . . 12 3

429 100

Annex 3.

Wit h d r a w a l o f L ic e n c e s : C a s e s k n o w n to h a v e o c c u r r e d in 1932 (to t h e D a t e o f W r i t i n g ).

1. Mme. Anna Borchard, widow, of Kolmar (Chodziez), is compelled to wind up, by January 2nd, 1932, the licensed premises which, with her husband, she has kept since 1892. After her husband’s death while on military service in 1915, she continued the business single- handed. Her age is now 62. 2. M . Martin Abraham, of Christinchen, District of Kolmar (Chodziez), is compelled to wind up, by January 5th, 1932, an inn which had been kept by his father since 1894 and which he himself took over in 1912. M. Abraham is a cripple (shortening of the left leg). 3. M. Friedrich Triimpelmann, of Radenz, District of Koschmin (Borzeciczki, Kozmin), !s compelled to wind up his business by January 14th, 1932. He had been lessee of the inn 'n question — to which are attached a small shop and seven morgen of land —■ since 1913. Mis age is 59 and he has to keep a family of three persons. 4. M . Hermann Kiefer, of Thorn ( Torun), is compelled to wind up his business by March 'nd, 1932. He is 66 years of age and, since April 1st, 1890, has been running an inn with carters’ rest. The family comprises seven persons including his widowed daughter’s four young children. — 44 —

5. M . Kurt Liebeck, of Koschmin, District of Krotoschin (Kozminiec, Krotoszyn), is compelled to wind up his business by March 19th, 1932. He has held a lease of his inn — to which are attached a bakery and hardware business — since July 1st, 1920. The family consists of five persons. 6. M . Fritz Weigell, of Gumminitz, District of Koschmin ( Guminenice-Kozmin), is compelled to wind up, by January 14th, 1932, an inn with carters’ rest and an assembly-room which he acquired on April 7th, 1924. The profits, together with those derived from approximately seventy-five morgen of land, went to maintain his family, which consists of five people. 7. M. Bruno Eichmann, of Zduny, District of Krotoschin (Krotoszyn), is compelled to wind up, by February 21st, 1932, the inn which he has been running for thirty-four years without any subsidiary occupation. He is 55 years of age and has a family of four persons. 8. Mme. Hedwig Konopacki, of Sobotka, District of Pteschen (Pteszewo), is compelled to wind up her business by April 17th, 1932. The establishment in question is an inn with a carters’ rest and a grocery business, which Mme. Konopacki took on a lease on October 1st, 1907. The village of Sobotka is an evangelical parish. 9. Mme. Anna Struny, of Kobytin, District of Krotoschin (Krotoszyn), has been given notice of the termination, for January 16th, 1932, of her licence in respect of an inn which was left her by her mother. Her father, aged 67, her daughter, aged 16, who looks after the house, together with her son, who is 18 and is finishing his apprenticeship, are all dependent upon her. It should be noted that this establishment has been licensed continuously for 120 years and that for forty-five years the licence has been held by the present family. 10. Mme. Pauline Taubner, of Kobylin, District of Krotoschin (Krotoszyn), was given notice of the termination of her licence for the end of February 1932. She is 71 years of age and has been in the business since 1881 — that is, for fifty years. She took over the establishment from her parents in 1881. 11. M. Beinbold Klimpel, of Bulakow, District of Koschmin (Kozmin), is compelled to wind up, by February 25th, 1932, the inn of which he has been lessee — together with ten morgen of land which were attached to it — since March 21st, 1895. Klimpel is 74 years of age and his family consists of three persons. 12. M . Ludwig Dorns, of Zduny, District of Krotoschin (Krotoszyn), is compelled to wind up, by March 16th, 1932, the establishment which he took over from his parents on July 1st, 1911 (hotel-restaurant with three taprooms, four bedrooms, an assembly-room, garden and grocer’s shop). He is 52 years of age and his family consists of three persons.

Annex 4.

[French translation supplied by the petitioner.]

O t h e r Ca s e s o f t h e T e r m i n a t i o n a n d W i t h d r a w a l o f L i c e n c e s i n 1931.

Dates of no­ Place tice of termi- Remarks on the nature of the establishment : No. and N am e nation and special grounds for renewing the licence district withdrawal 1. Kammerau- Helen 5-xii. 30 Mme. L. is a widow ; she keeps an inn and I berent Lôfïelmacher 5.XH. 31 wrorks 12 morgen of land to provide for her own ( Kamierowo- requirements and those of her two children. Koscierzyna) Without the liquor licence, the small grocer»! shop and the 12 morgen of land would noil bring in enough, as the village has also three | other grocer’s shops.

2. Kolletzkau- Franz l.vn. 31 Has kept the inn since 1912; it has been Meerkreis Loeper 31.xii. 31 the hands of his family for more than 100 years; (Koleczkowo- he himself has a family^ of six persons to keep. I Morski) It was expected that later on the inn and the 144 morgen of land would provide a livelihood I for two sons and a daughter. The withdrawal of the licence considerably reduces the value | of the property.

3. Sypniewo Albert 5 .II. 31 Is 55 years of age and has personally managed I Zempelburg Wagner 2.vi. 31 the inn since 1910; it has been in the fa®'• f (Sypniewo- since 1864. He has no other occupation^ Sepolno) The grocer’s shop was given up on account excessive taxation. The sale of beer, eider. I cigarettes and other tobacco having been fcrj| bidden him, W. is deprived of all means livelihood. — 45

Dates of no­ Place tice of termi­ Remarks on the nature of the establishment : \o. and Name nation and special grounds for renewing the licence district withdrawal 4. Rossgarten- Otto 23.xii. 30 M. has been the tenant of the inn, together Thorn Marquardt 23.vi. 31 with a small grocer’s shop and approximately (Rozgarty- 11 morgen of poor-quality land, since May 1st, Torun) 1919. The family consists of four persons. M. is 39 years of age.

Hoch- Ida 30.VH. 30 The licence was held by P. from 1902 to 1923, Stüblau Perschonke, 2 8 .i i . 31 in which year he died, and afterwards by his Stargard now Günther, widow. The establishment consists of a restau­ (Zblewo- née Herbst rant with assembly-room and 16 morgen of Starogard) land. The family comprises six people. There are three young children. Without a liquor licence, it would not bring in a sufficient amount to meet the needs of the family, which would thus be reduced to desperate straits.

6. Usch-Kolmar Elsbeth 17.i. 31 The restaurant has been run with a full (Ujscie- Friedrich licence since 1910, first by the husband, who Chodziez) died on December 21st, 1918, afterwards by the widow, who has four children to keep. The withdrawal of the licence is particularly hard, as she has no other means of livelihood whatever.

7. Punitz- Otto Redlich 2 0 .ix . 30 R. is 65 years of age : he has kept an inn since Gostyn 6 .iv. 31 1898 on his own land ; the land has an area (Poniec- of 6 morgen only and the family consists of Gostyn) four persons ; he has no subsidiary occupation as a means of livelihood.

Bulakow Reinhold 2 5 .v i i i .31 K. is 73 years of age and has held the licence Koschmin Klimpel 2 5 .i i . 31 since March 21st, 1895, in respect of an inn (Bulakow- with grocer’s shop and 10 morgen of land. The Kozmin) land is held on a lease. The family of three persons will be unable to live without the licence.

9. Borek- Arnold 21.xi. 30 L. took over the hotel in 1919, together with Koschmin Langner 21.vi. 31 a grocer’s shop and hardware store and a full (Borek- licence. He is 44 years of age and a distiller Kozmin) and dealer by profession.

10. Radenz- Friedrich 25.vi. 31 Has been the tenant of the inn and grocer’s Koschmin Trümpelmann 14.1. 32 shop, together with 7 morgen of land, since (Boyzeciczki July 1st, 1913 ; 60 years of age, with a family Kozmin) of three persons.

11. Baschkow Karl — .ix . 30 B. has kept the café without any subsidiary Krotoschin Baumgart l.vn. 31 occupation since 1912 ; it is his sole means of (Baszkow- livelihood and enables him to provide for a Krotoszyn) family of seven persons. As no other possibili­ ties are open to him, the livelihood of the family is in danger.

12- Strese Carl Dalchau . 28 Keeps an inn, to which are attached 92 Neutomischel l.vn. 31 morgen of poor-quality land, together with (Strzyzewo a plantation (since 1912). Family of five Nowy-Tomysl) persons. D. is 48 years of age. " The inn, together with the assembly-room, is used by the local agricultural society and by the volunteer fire brigade. 13. Blake Karl Floeter 22.vi. 31 F. is 60 years of age. Has kept the inn and Neutomischel l.i. 32 worked 29.5 morgen of land since 1912. Is a (Blaki disabled ex-serviceman and, as such, is in Nowy-Tomysl) receipt of a disability pension of 11.15 zloty. F. thus belongs to the category of privileged licensees. The notice of termination is there­ fore only to be explained by nationalist intole­ rance ; it would never have been issued in the case of a Pole, like F. doubly entitled to be treated as disabled. — 46 —

Dates of no­ Place tice of termi­ Remarks on the nature of the establishment : No. and Name nation and special grounds for renewing the licence district withdrawal 14. Bentschen- Hermann 30.iv. 31 G. is 62 years of age. Has kept the inn, with Neutomischel Gutsche 31.XH. 31 20 morgen of land attached, since June 27th (Zbaszyn 1893 ; he had taken it over from his parents in Nowy-Tomysl) 1892. Even the sale of cider and beer is now- forbidden him. The livelihood of G. and wife, who are both old people, is threatened by the fact that the land cannot be worked without the assistance of hired labour, which it would be impossible to pay without the profits from the sale of drink.

15. Bentschen- Ida 19.v. 31 Mme. M. has kept the inn since 1892 with Neutomischel Matthes l.i. 32 approximately 7 morgen of land ; she is 71 years (Zbaszyn of age. U p to 1913, she was assisted b y her Nowy-Tomysl) husband ; since his death, she has had sole charge. The inn has been in the family for 90 years.

16. Steinberg August 20.iv. 31 Schade, who is 64 years of age, took over the Neutomischel Schade 7.xi. 31 inn with stabling and furnished rooms from (Chmielinko his father on January 1st, 1893. Nowy-Tomysl)

17. Bojanowo- Alexandre l.vn. 30 K. is 64 years of age ; has kept the hotel-restau- Rawicz Kleinert l.vn. 31 rant with a full licence since September 1st, 1904; family of six persons.

18. Borui-Kirch- Marie 15.ix. 30 Mme. B. is 65 years of age ; has kept the platz Wollstein Reschke 30.vi. 31 inn, together with its 14 morgen of light soil, (Boruja- since 1900. The premises were used for meetings Koscielna- of both German and Polish societies. Wolsztyn)

19. Thorn Hermann 2,ix. 31 K.is 67 years of age. Has kept the inn w ith its (Torun) Kiefer 2.in. 32 stabling accommodation since April 1st, 18' family of seven persons, including four young children of a widowed daughter.

20. Guminitz Fritz 25.vi. 31 W. acquired the inn with its stabling accom­ Keschmin Weigelt 14.i. 32 modation and assembly-room on April 7th, 1924; (Guminice- it was expected to provide for his family of Kezmin) five persons. He has, in addition, 75 morgen of land, but the withdrawal of the licence considerably reduces the value of the property.

21. Deutsch- Kurt 19.ix. 31 L. is 44 years of age. Has been lessee of the Keschmin Liebeck 19.111. 32 inn, together with a grocer’s shop and hardware (Kosminiec- business, since July 1st, 1920. Family of five Krotoszyn) persons.

22. Zduny- Ludwig Doms 10.ix. 31 D. is 62 years of age. Has kept the hotel, Krotoschin with its restaurant, garden and assem bly- (Zduny- room, since July 1st, 1911. New licences have Krotoszyn) been obtained since 1920 by Daniellak. Telega and Janus, all of Polish origin.

23. Bentschen- Marie 20.m. 31 Mme. T. is a widow, aged 41, who has kept Neutomischel Trojanowsky 4.x. 31 the restaurant since the death of her husband (Zbaszyn- in 1929 ; it is her sole means of livelihood and of | Nowy-Tomysl) providing for her children, aged respectively ^ 11, 16 and 19. The withdrawal of her licence | deprives her of her means of livelihood.

24. Zduny- Bruno 21.vin.31 E. is 55 years of age. Has kept the in n since Krotoschin Eichmann 4.x. 31 1898 ; no other means of livelihood ; family 0 | (Zduny- four persons. Krotoszyn)

25. Thorn Ernst 26.h i . 31 W. is 72 years of age. Has, since 1910, kep Wiesner 15.VH. 31 a tobacco and stationer’s shop. The , drawal of the licence to retail tobacco — 47 —

Dates of no­ Place tice of terrni- Remarks on the nature of the establishment : No. and Name nation and special grounds for renewing the licence district withdrawal mean a difficult old age for this couple, as the stationer’s business only brings in very little. The wife is 63 years of age.

26. Sobotka- Hedxvig 10.x. 31 Mme. K., 63 years of age, has kept the inn Pleschen Konopacki 17.iv. 32 with its stabling accommodation and grocery business since October 1st, 1907. Sobotka is a Protestant parish. The inn belongs to the Sobotka estate, the owner of which is well known as a grower of seed (von Stiegler). The withdrawal of the licence thus affects two Germans, the owner and the manageress.

Annex 5.

C o m p a r a t i v e S t a t e m e n t b y D i s t r i c t s .

Cases in which fresh licences have been granted Cases where licences for the sale of intoxicating to citizens of Polish origin established in or liquor have, in accordance with the Anti- Alcohol Law, been withdrawn to the preju­ near the same localities, contrary to the said law and without such licensees having any dice of citizens of German origin title to priority

Voivodship of Pomerelia (Pomorze). Town of Dirsch.au : Town of Dirschau.

In the case of M. Rudolf Weiland, inn­ New general licences were issued in 1929 keeper, 63 years old, and engaged in the to : trade for twenty-five years, notice of cancella­ M. Juliusz Wisznicki, tion of the licence was given on July 29th, M. Pawlik, 1929, and the licence withdrawn on July 1st, M. Szerle. 1930. M. Weiland is a caterer and does not follow any subsidiary calling. His live­ None of these three is a disabled ex- lihood is therefore in danger, particularly serviceman, which qualification, according as he has to keep a family of six. to the provisions of the law, would justify privileged treatment.

M. Otto Biittner, 69 years old, has been in the innkeeping trade for forty-eight years. There is a small grocery attached to his inn, which could not, however, maintain a family of four or pay for the land on which the inn is situated, owing to the competition, which is naturally severe in the chief town of the district. The income earned from the licence is the sole source of M. Btittner’s livelihood.

The general licence held by M. Leopold Tessmer was withdrawn on February 28th, 1931. He is 57 years old and has been an innkeeper for twenty-nine years. He was at one time discharged from the army as totally disabled. By law, therefore, he is one of the privileged persons who must be given prior consideration in the granting of licences.

M. Paul Wussow’s licence was withdrawn on November 2nd, 1929. He has been an innkeeper for thirty-five years and is 61 years °*d. He has a family of three. This busi- ness had been licensed for more than 100 years. There is a grocery attached to the mni but it is mainly dependent on country customers who do not patronise places where cannot, after buying their provisions, °btain spirits to be drunk along with the ®eal they have brought writh them. The Withdrawal of the licence will also ruin the grocery business. — 48 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin

Town of Dirschau (continued) : Town of Dirschau (continued) :

On March 15th, 1931, M. Gustav Beinke was told that his licence would be withdrawn. He has been an innkeeper for twenty-two years and is 58 years old. He is blind in the left eye and should therefore, in view of his disability, be aspecially privileged person as regards the issue of licences.

Notice of cancellation of her licence was The fact that a confectionery business given to Mme. Anna Heinzel, widow, on cannot be profitably run in a small town August 17th, 1930, and she was ordered to without selling liquor has also been admitted close the inn in six months. Mme. Heinzel by the authorities, as witness the grant of a is 50 years old and keeps a confectioner’s general licence to M. Przedziecki of Putzig, shop in addition, a business which, in a small who, in September 1930, was authorised to town like Dirschau, could not pay without an serve liquor in his confectioner’s shop. inn.

Town of Graudenz : Town of Graudenz:

M. Hermann Breilzke's licence was with­ New licences have been granted since 1920 drawn on April 8th, 1931. He has been in to the following : the innkeeping business for twenty-eight years and since 1913 has himself kept the M. Matuszewski, as successor to a restaurant, which is his sole means of liveli­ German, M. Willi Marx, whose business hood, as he has no subsidiary occupation. is in liquidation.

M. Klarowski, as successor to a German, Since 1896, M. Paul Erielt has kept a M. Eugen Matut, the lessee of the “ Three famous and very well-run shop for the Kings ” Hotel, (Trzy Krôlowy) whose sale of grape wrine. The business was in licence was withdrawn without any reason existence in 1832. The licence was with­ being given. drawn on February 15th, 1930. On January 1st, 1920, Graudenz had eighty-seven licensees, sixty-seven of whom Mme. Marie Mentz, widow, was deprived were Germans and twenty Poles. of her licence on December 31st, 1929. She was solely engaged in the catering busi­ As the result of sales or deaths, eleven ness, wThich enabled her to earn a living for licences formerly held by Germans have herself and the three daughters whom she lapsed and forty-nine German businesses have, supports. As a result of the general licence as a result of the action taken by the author­ being withdrawn, the business is bound to ities, passed into Polish hands. Of the ten be ruined by degrees. general licences still held by Germans on January 1st, 1930, seven again were with­ drawn during the year, so that, on January 1st M. Johann Engl lost his general licence on 1931, only three were still held by G erm ans. February 15th, 1930. He has been four The number of Polish licensees whose years in the innkeeping trade and, in this names are known here is seventy-three, in capacity, runs a restaurant with club rooms. well-informed circles, however, this n u m b e r is W ithout a general licence, this business is stated to be somewhat above 100. Under also doomed to ruin. the new budget they will be reduced to seventy-two. To judge, however, by the practice hitherto followed in this m atter generally, it is to be feared that the effect of nationalisation will be to force even the three last businesses worked by citizens of German origin to close down.

Bheden (Badzyn), District of Graudenz: Bheden (Badzyn), District of Graudenz:

Notice of cancellation of licence was given In the neighbouring locality of R e h kru g i on April 13th, 1929, to M. Hermann Mali­ a new general licence was granted to M.

Licences withdrawn from citizens of German origin NewT licences granted to citizens of Polish origin Szembruk: Szembruk :

The licence of M . Rudolf Weichert of In 1928, a general licence was granted to Szembruk was withdrawn on September 18th, a Polish national, M. Dzialak, the lessee of 1929. He is 60 years of age, supports a a grocery who also owns 50 arpents of land. family of four and has been an innkeeper for eighteen years. The property includes 13 arpents of land, which, however, are not sufficient either to guarantee a livelihood for the family or the upkeep of the property. The gradual ruin of the business is therefore inevitable.

District of Karthaus : Town of Karthaus : District of Karthaus: Town of Karthaus:

On December 31st 1929, M. Johannes In 1930, two Polish nationals obtained Ballachowski, caterer and merchant, was new general licences — viz., an ex-sergeant deprived of his licence. M. Ballachowski of cavalry and a M. Paszke, a dealer in geese is 59 years old and is a qualified distiller. and a poor man’s lawyer.

M. Franz Krefl’s licence was withdrawn on September 30th, 1929. M. Kreft became, under a will, the owner of property which is the site of a hotel and a restaurant and which has been in his family for nearly 300 years.

District of Konitz : Town of Konitz : District of Konitz :

The licence of Mme. Gertrud Heinrich was New licences were granted in the Konitz withdrawn on February 28th, 1931. She is district to the following : 40 years old and, jointly with her two sisters, Town of Konitz: inherited the business after her parents’ In 1928, to M. Boleslaw Brucki for an death. There is no subsidiary undertaking. outdoor restaurant and to M. .Jean Grzenia for his Station Hotel. M. Paul Radke was forced to liquidate on February 21st, 1931. He inherited the Charzykowo, near Konitz : business which had been in his family for In 1929, to the Sailing Club for its club­ 100 years. house in this neighbourhood. Czeresk : To M. Greczka, for his lunch-room to which a butcher’s shop is attached ; To M. Stencel, for his restaurant ; To M. Pliszka, who keeps a bakery.

District of K ulm : Town of K ulm : District of K ulm : Town of Kulm :

M. Arthur Balzer’s licence was withdrawn New licences were granted to the following : on May 1st, 1930. He had been in the trade In 1927, to M. Franciszek Deja. for thirty-six years. In 1928, to M. Osowski. In 1929, to M. Kochanowski and M. Mme. Emma Beyer was forced to go into Sikorski ; and further, in the neighbouring liquidation on September 15th, 1929. Her Male, to M. Czycze Ziolowski, and, at appeal to the Supreme Administrative Tri­ Czarze, to a certain M. Grzegorek. bunal was dismissed, although the municipal authorities had supported the restoration of the licence, as a new licence had, contrary to the law, been given to a Polish national in the same circumstances (the premises are only twenty metres distant from the Law Courts).

district of Mewe : Town of Mewe : District of Mewe: Town of Mewe:

Georg Domsta was forced to close down New licences were issued to the following 0n December 31st, 1930. He is 59 years persons : — 50 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Mewe : Town of Mewe (continued) : District of Mewe: Town of Mewe (continued) :

of age and disabled (civilian) ; he has been M. Maks Kuchta, M. Muzewski, M. Szu- an innkeeper for twenty-eight years. binski, M . Tymawa.

M. Rudolf Stock also had to close down on December 31st, 1929, after twenty years in the trade. He has a family of eight, six of whom have to be supported.

District of Mewe: J ohannisdorf : District of Mewe : J ohannisdorf :

The licence of Mme. Mela Boldt, a war New licences were issued to : widow, 50 years old, who has been an M. Czyzewski, who, after having learned innkeeper for twenty-six years, was withdrawn basket-making, now keeps a grocery and on February 26th, 1930. sells fuel ; M. Janiak, who, after having at one time been a small farmer, now keeps a grocery.

District of Schweiz: Gruczno : District of Schweiz: Gruczno:

M. Maximilian Papke, who has been M. Stefan Zietak, who keeps a grocery and 28 years in the innkeeping trade, had to household utensils business, sells liquor under close down on April 30th, 1931. His ancestors the name of his brother, who is the licensee. had been invited into the district by King New licences have also been issued to three August of Poland as specialists in mill successive tenants of M. Filipowski’s house, construction ; for 170 years the licence was where dry-rot has made its appearance, and a privilege granted to this family. where several cases of phthisis with fatal results have occurred, so that it may be assumed that this property is a centre of infection.

District of Schweiz: Klinger: District of Schweiz: Klinger:

The licence of M. Hermann Schauer, 66 A new general licence was issued at the end years old, who inherited it from his father of 1927 to Mile. Kuzminski, 55 years old, and has himself thirty-five years’ professional for premises opposite the station (Tien) of experience as an innkeeper, wTas withdrawn Klinger, though no need was felt for it. on February 16th, 1931.

Coast District : Hela : Coast District: Hela:

On December 31st, 1929, M. Arthur New general licences were issued to M. Pa- Feyerabend was deprived of his licence lasz and M. Nowakowski, neither of whom is although he is 50 per cent incapacitated, as disabled. certified by the District Medical Officer.

District of Soldau : Town of Soldau: District of Soldau : Town of Soldau:

M. August Knuffe had his licence taken O n April 1st, 1929, a new general licence away on June 30th, 1929. A professional was issued to M. Alexander Kalisz, who was hotelkeeper for fifty-three years, M. Knuffe already working a farm and butcher’s shop owns the oldest and best-patronised hotel in and whose war disablement only a m o u n ts to the town. 10 per cent. The State’s obligation to give assistance only operates if wrorking capacity is decreased by 15 per cent. Moreover, M. Ka- lisz’s livelihood was amply provided for by his butcher’s shop.

District of Slrasburg : Gosslershausen : District of Strasburg : Gosslershausen :

Mme. Hedwig Hostrnann, widow, was New' general licences were issued to M. forced to close on December 25th, 1930, the Korinth, owner of the Station Hotel, although — 51 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Strasburg : Gosslershausen (con­ District of Strasburg : Gosslershausen (con­ tinued) : tinued) : restaurant kept by her, which she had moder­ the licence had lapsed by the death of the nised in 1928 by having central heating and former proprietor of the business ; and to a hot-water supply installed. Mme. Host- M. Jan Laube, who keeps a grocery. mann has worked as an innkeeper for twenty- five years and has three children to support.

M. Karl Stoyke also had to close his busi­ ness on December 31st, 1930. His grief at seeing his means of livelihood imperilled drove him to commit suicide on March 29th, 1931. He left a paralytic daughter.

District of Thorn: Town of Thorn: District of Thorn: Town of Thorn:

After twenty-two years’ professional activ­ The “ Blue Apron ” Restaurant has, since ity as a caterer, M . Arthur Dietrich was forced 1926, had three Polish lessees in succession ; to close his business on June 30th, 1929 ; he its licence was regularly renewed. was solely engaged in catering. The “ Lion ” Hotel has, since 1926, had two successive tenants, both Polish nationals. The licence was renewed when transferred M. Karl Frank, 74, who had for forty-five to the present lessee. years worked as an innkeeper and had no Similarly, a new general licence was issued subsidiary occupation, had to close his busi­ on the transfer of the “ Gorny ” Restaurant ness on December 31st, 1930. to the successor of the previous lessee.

M. Ernest Goergens had, since 1909, been the lessee of an inn situated on land owned by the town ; the withdrawal of the licence deprived him of his means of livelihood.

Mme. Anna Krampitz, an innkeeper with thirty-five years’ professional experience, found herself forced to close down on March 11th, 1931.

Mme. Helene Kriiger, who had worked as an innkeeper for thirty-three years and kept a highly respectable hotel-restaurant, had to close her business on April 5th, 1931.

M. Fritz Moenke, although a disabled ex- serviceman, also had to close his inn on December 31st, 1929. He has three children to support.

L. Paul Emil Netz, who has been an army pensioner since 1897, only draws 27 zloty a month on this account ; he was, nevertheless, 011 December 31st, 1929, forced to close down the inn which he kept.

Piaski: Piaski :

M. Albert Berner was forced to close his A new general licence was issued in premises on February 21st, 1930, though January 1928 to M. Wladyslaw Rzepkiewicz, he is 60 per cent disabled (right leg amputated) a Polish national. an.d is by law one of the persons entitled to Privilege. It is thus clearly proved that the withdrawal of his licence is an injury inflicted uP°n him because of his original nationality. Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin

Schirpitz : Schirpitz : On February 21st, 1930, M. August Eisen- At Dybowo, near Schirpitz, M. Jozefiak. hari had to close down his hotel, which he a Polish national, was, on July 8th, 1929' had re-organised in 1911 to comply with granted a new general licence, though he regulations. The hotel had been licensed owns an agricultural holding, the proceeds since 1862. of which are sufficient to ensure him a living.

Culmsee. Culmsee :

M. Wilhelm Lindemann, who had altered New licences were issued : his premises in 1901 to comply with the In 1927, to M. Sylvester Miesikowski ; provisions of the law, was forced to close In 1928, to M. Juljan Robaczewski. down on October 14th, 1929. It should be mentioned that, in September 1930, the authorities renewed the general M . Hugo Schittenhelm, who has worked licence held by M. Przedziecki, Putzig, for for twenty-four years as a hotelkeeper, is his confectioner’s business. the lessee of a tea-room and restaurant. In They therefore recognise that a confec­ a small town, it does not pay to run a tea tioner’s shop does not pay in a small town room without the sale of alcoholic liquor. without the sale of alcoholic liquor.

A m thal. A mthal :

The licence of M. August Tews, who had At Scharnau, near Amthal, a general for twenty-nine years been engaged in inn- licence was issued, as from January 1st, keeping, was withdrawn on June 23rd, 1931. 1931, to M. Gzymerek, although he had twice previously been sentenced for having sold intoxicating liquor without a licence.

District of Zempelburg : Town of Zempelburg : District of Zempelburg : Town of Zempelburg :

Licences were withdrawn from M. Eduard New general licences were issued to five Abraham (thirty years in business), Mme. grocers : M. Fleming, M. Spirka, M. Kabat, Bonin, widow (twenty-nine years in business), M. Pajzderski and M. Bilicki. and Mme. Olga Fonchel, widow (thirty years in business).

Vandsburg. Vandsburg :

Of eight innkeepers of German origin who New licences were issued to M. Betanski, used to work in this locality, only M. Franz M. Klesinski, M. Mszczyczewski, M. Skopek Draheim still held a licence on July 1st, 1930. and M. Uminski. It was taken from him on that date, so that the “ polonisation ” of the hotel-keeping industry at Vandsburg is to-day an accom­ plished fact.

Sosnu : Sosno.

M. Reinhold Mielz had his licence with­ The lessee of M. Mietz’sinn— an ex-sergeant drawn after being engaged in the business of cavalry of Polish nationality — obtained for twenty-five years ; he had sub-let the inn the licence. The explanation given for this to an ex-sergeant of cavalry. The reason action was that “ there was an urgent demand given for this step was that the business did for the business ”. not meet a real requirement.

Voivodship of Poznan.

District of the Netze: Town of Bromberg: District of the Netze: Town of Bromberg:

The licence was withdrawn from Mme. During 1930 and 1931, the following new Hedwig Schuleit, the lessee of a restaurant with bars were opened in Bromberg, although it a carters’ rest. Mme. Schuleit had carried can categorically be asserted that there was on her business for forty-one years. no need for them whatever : in 1930, the so- — 53 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of the Netze : Town of Bromberg (con­ District of the Netze : Town of Bromberg (con­ tinued) : tinued) : The licence was withdrawn from M . Albert called “ Ulbar ” opened in premises which had Twardowski, an innkeeper who had been in for many years been used for a ladies’ business on his own account for forty years. draper’s and dress business. The choice of this site, moreover, is a breach of the law, as Notice of cancellation of his licence was it is only about fifty metres distant from given on May 31st, 1930, to M. Jacob Wi- St. Paul’s Lutheran Church, whereas, by chert, who for forty years has kept the pre­ law, premises for the sale of intoxicants mises known as “ Old Bromberg ” (now “ Old should be not less than 100 metres away Bydgoszcz ”), a restaurant with assembly from churches, schools or other public halls' and arbours, the meeting-place of all buildings. Bromberg people and of private clubs. During the present financial year, a new This restaurant is, undoubtedly, located near licence has been issued to the “ Sniadecki ” the former German Grammar School (for Bar on Sniadecki Street (the old Elizabethen- semi-classical secondary instruction), now the strasse), less than 100 metres from the Church Polish secondary school (classical), but it may of the Apostolic Community, as well as from be mentioned that M. Wichert’s premises the Lutheran Parish House. existed before the school was established The following premises, whose tenants are and, moreover, no alcohol is served to the Polish nationals, also occupy sites which are students. not in accordance with the law : opposite the Catholic Church of the Sisters of St. Clare, Jagiellohska Street (formerly Wilhelmstrasse) and less than 100 metres from the General Post Office : the wine-shop and bar of M. Lier- mann, the bar and lunch-roomof M. Kalkstein- Oslowski (wholesale vintner) and the Savoy Café. These three premises are only some thirty metres from the church and fifty metres from the post office.

District of Bromberg : Fordon: District of Bromberg: Fordon:

Mme. Agnes Geicke, widow, was deprived A new general licence was issued to M of her licence on December 31st, 1930, and Rafinski, grocer and baker. Mine. Florentine Kriiger, widow, on July 1st. 1931. The latter keeps a hotel with an assembly-room. Both women have a record of thirty years in business and the sale of liquor was their main source of income

District of Czarnikau : Town of Czarnikau : District of Czarnikau : Town of Czarnikau :

Licences have been withdrawn from the New licences were issued to the following following : Polish nationals : M. Julius Verch (forty-two years in M. Gackowski, grocer; M. Grodzki, for business) ; the hotel-restaurant he purchased ; and M. Robert Prolz (ten years in business) ; also to M. Tomaszkiewicz and M. Krauze, M. Maximilian Surma (thirty years in for their restaurants. business) ; Mine. Marie Schiefelbein (forty-one years in business).

District of Hohensalza ( Inowroclaw) : District of Hohensalza (Inowroclaw) :

M. Wilhelm Wiirlz was deprived of his New licences were issued to M. Jan Drze- licence on January 1st, 1929. M. Wurtz, wicki for his grocery, and to M. Grzeskowiak who has been eighteen years in the business, for the Station Hotel bought by him. carried on the trade of distiller before the intro­ At Krusza-Duchowa (Lindenthal) a new duction of the Monopoly. licence was issued to a Polish national for premises which formerly belonged to M. Sau­ ter, a citizen of German origin, who had to give them up because his licence was with­ drawn. —• 54 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Kolmar: Town of Kolmar: District of Kolmar: Town of Kolmar: Licences were withdrawn from : New licences were issued to : M. Bator, Mme. Berta Bud, widow (thirty-two M. Czysze, M. Switalski, M. Jeziomwski and years in business) ; M. Jagodzinski. Only one of them — viz., M. Switalski — is disabled. M . Wilhelm Geiger, succeeded by his widow (thirty years in business) ; M. Arthur Jeske (twenty-seven years in business) ; M. Robert Pieper (sixteen years in business) ; M. Johannes Sohr (thirty-eight years in business).

District of Kolmar : Brodden : District of Kolmar : Brodden :

M. Heinrich Busch kept an inn with an New general licences have been issued assembly-room and three bedrooms, bought since 1926 to the successive lessees of by him in 1908, writh a privilege granted in M. Sadej’s premises : M. Roskwiatalski, 1725 for these premises to the Polish Princess M. Lenk and M. Dombecki. Eleonora von Sucharzewski. M. Busch was In 1927, M. Sadej secured a new general deprived of the licence and is thus left without licence, although the premises had been a means of livelihood. closed for six months. He also keeps a grocery and farms 50 arpents of land, circumstances which, in the case of a citizen of German origin, would be enough to justify the withdrawal of the licence.

District of Schubin: Town of Schubin: District of Schubin: Town of Schubin:

M. Heinrich Ristau, 75, who has a record Six of the seven Polish premises in the town of fifty years in business, was deprived of his have subsidiary concerns attached to them licence on April 7th, 1931. He keeps a hotel- (groceries) ; they are only about thirty restaurant with garden which, moreover, is metres away from public buildings like the the only business in the district with a site Catholic and Lutheran Churches and the complying in every respect with legal regula­ court-house. Nevertheless, their owners have tions. For several years past, the bridge not been deprived of their licences. connecting Schubin Castle w?ith the town of Schubin has even a night-club, situated Schubin has been closed to wrheeled traffic ; opposite the Town Hall, which employs this is wrhy the authorities accept responsi­ waitresses ; it should be at least 100 metres bility for re-opening this traffic. This action distant from any public building, whereas it had already reacted unfavourably on M. Ris- is really only about 25 metres. tau’s business, and the licence was finally completely withdrawn in order to force him to sell his premises, wrhich Polish societies are glad to patronise.

Division of Wirsitz: Town of Wirsitz: Division of Wirsitz: Town of Wirsilz:

M . Walter Wegner, the owner of a model The licence was given to a Polish national restaurant, was deprived of his licence on who leases the “ Haase ” Restaurant ; he January 1st, 1930. All his appeals up to has not yet bought it, as he can very well the highest court of law have been fruitless. carry on business without doing so. A complaint lodged a year ago with the The licence was issued to two Polish Supreme Administrative Court has not yet widows after the death of their husbands. been decided ; the procedure, moreover, is This is never done in the case of widows always very protracted. In some cases, of German origin. decisions have been given, always in a nega­ tive sense ; which show that the Ministry decides arbitrarily w'hether a licence should or should not be continued in a party’s favour, but, in practice, this right is only exercised in favour of innkeepers who are Polish nationals. — 55 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin Weissenhôhe : Weissenhôhe : M. Emil Klotzbiicher was forced to close New general licences were issued to M. Jozef down on April 1st, 1931, after a business Sawinski and M. Wladysiaw Andrzyszak ; career of twenty-two years. His premises both keep grocers’ shops and sell iron­ consist of a restaurant with assembly-room mongery and kitchen utensils. and no subsidiary business ; the site would not be suitable for carrying on any other business.

Town of Friedheim : Town of Friedheim:

Licences were withdrawn from M. Reinhold New licences were issued to M. Antony Workôper (eighteen years in business), M. Powolny for his grocery and to M. A. Recki Willi Vorkôper (twenty-five years in business) for his hotel. and M. Gustav Werditx (thirty-eight years in business). The population of both German and Polish origin keenly feel the withdrawal of the licence held by M. Willi Vorkôper, who kept the finest and best-equipped premises in the town, with an assembly-room unique of its kind.

District of Wongrowilz: Town of Wongro-District of Wongrowilz: Town of Wongro­ witz : wilz:

M. Karl Schoslag, who has been twenty- New general licences were granted to five years in the hostelry trade, had his licence Mile. Wiktorja and Mile. Walentyna Pazdow- withdrawn on December 31st, 1929. ski, two sisters of about twenty years of age. Each sister secured a licence for her own premises. New licences were also issued to MM. Lenar- towski & Co. and M. Treczka, and also to the Civil Service Co-operative Society.

Voivodship of Posen (Poznan)

(Districts other than those of the Netze).

District of Adelnau : Town of Adetnau : District of Adelnau: Town of Adelnau:

M. Karl Kolata, a disabled miner who had Of the seven Polish nationals holding worked for twenty-four years as an inn­ licences, three have other businesses suffi­ keeper, had his licence withdrawn in 1929. cient to furnish them with a livelihood : M. Klemens Bienek owns an agricultural holding ; M. Wincent Namysl owns a steam- mill and a saw-mill ; M. Blaszczyk is a horse dealer.

Modzanowo : Modzanowo :

M. Gottlieb Funda (twenty-three years in New licences were issued to M. Kowal, business) had to close down on January 1st, M. Kalkowski and M. Ulok, who, inciden­ 1929. He has five children under age and tally, had already been selling liquor without there are only 2% hectares of land attached a licence. to the inn.

Suschen : Suschen :

M. Friedrich Gregorek, discharged from A licence for the sale of alcoholic liquor in the army as unfit, was forced to close on bottles was issued to M. Drigalla, who keeps December 31st, 1930, the premises which he a butcher’s and grocer’s shop. rented. — 56 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Birnbau: Zirke: District of Birnbau: Zirke: Mme. Elise Heinzel, widow, who has been At Zirke, five Polish nationals have been in business for sixteen years, was forced to granted fresh licences, including two grocers go into liquidation on April 1st, 1931. one confectioner and two innkeepers.

Mechnalsch : Mechnatsch :

M. Ernest Paschke, who has followed his A Polish national, M. Kaczmarek, obtained trade for twenty-five years, was forced to a general licence in 1928, three months go into liquidation on January 1st, 1930 ; his after purchasing his property from Alfred situation is particularly difficult, as he has Paschke, the son of M. Ernest Paschke. to pay the cost of keeping his daughter, who M. Alfred Paschke had for eighteen months is feeble-minded, in a sanatorium. been applying to the authorities for a licence, which, however, was refused him. He there­ fore found himself compelled to emigrate, as he is a distiller by profession.

District of Gnesen : Town of Gnesen: District of Gnesen: Town of Gnesen:

M . Hugo Stibbe, a lessee, who has followed Of the thirty-nine existing holders of his trade for ten years, was compelled to general licences who are Polish nationals, close down. The withdrawal of the licence there are five innkeepers, one innkeeper and is a particularly serious matter for him, as he owner of a a café-concert, three coffee-house has to pay 4,000 zlotys rent per annum, which keepers, three grocers and one liqueur manu­ he cannot do without a licence. He has facturer. three children to support and follows no other trade but that of caterer.

District of Gratz: Town of Gratz : District of Gratz: Town of Gratz:

M. Arthur Voigt, who inherited his father’s During 1929 and 1930, four new restau­ business and has been thirty years in the rants were opened ; the proprietors, who trade, was forced to close down on October 1st, are Polish nationals, obtained new general 1926. According to the certificate of the licences. District Medical Officer, he is incapacitated to the extent of 66| per cent.

District of Kempen : Town of Kempen: District of Kempen: Town of Kempen:

Mme. Marie Griitzmacher, a war widow Only one of the fifteen Polish innkeepers with eight children to support, who has at Kempen is a disabled man. Since 1920, followed her trade for twenty-four years, six new licences have been issued to Polish was compelled to close down on July 1st, nationals. 1930.

M . Johann Trzeciek, who has been an inn­ keeper for twenty-five years, had to wind up his business on December 31st, 1928. He has three daughters to support.

Reichtal : Reichtal :

The licence of M. Johann Baudis, who has M. E. Drabczynski, proprietor of a Liti­ followed his trade for twenty-eight years and gants’ Office, and M. A. Wroblewski. hair­ is 40 per cent incapacitated, was withdrawn. dresser, received new licences.

District of Koschmin : Town of Koschmin : District of Koschmin : Town of Koschmin:

M . Oskar Neumann, who became disabled On January 1st, 1931, sixteen general in the army and who inherited from his licences were held by Polish nationals' mother a hotel and restaurant, was forced They were divided as follows : eight prem ise to go into liquidation on December 31st, used solely as inns, one inn with grocer; 1926. His was the last business owned by attached, one inn with grocery and core­ Germans. store attached, one inn with grocery aI* corn wholesaler’s attached, two cafés anu confectioner’s, and one hotel and outdoor restaurant. D7 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Lissa: District of Lissa : Licences were withdrawn from the follow­ New licences were issued to the following ing persons : persons : M. Eduard Conrad, who has been thirty M. Boleslaw Ilski, whose premises are years in the trade and has no subsidiary situated very close to the Catholic Church ; occupation ; M. Kantecki, for restaurant and café ; Mme. Agnes Horstmann, who has been M. Gorecki, for a bar ; nineteen years in the trade and has no M. Teofil Zgainski, for a restaurant ; subsidiary occupation. Her son served in M. Anton Michalski, for the “ Blue Lion ” the Polish army, which he left with the Restaurant. rank of corporal ; M. Willibald Slope, who has been twenty- Of the nine Poles holding general licences, four years in the trade and suffers from four keep café-restaurants, one has a shop for gout. colonial goods, delicatessen and cigars, and one keeps a chocolate and jam shop. As a result of these three withdrawals, which all took place on December 31st, 1930. all German licensees have lost their licences.

District of Mogitno: Town of Mogilno: District of Mogilno: Town of Mogilno:

M. Friedrich Binder inherited the business In this town, there are eight Poles holding of his father on November 29th, 1929 ; he general licences, four of whom keep groceries had to go into liquidation on December 31st, and inns in addition. 1929.

District of Neutomischel : Town of Neuto- District of Neutomischel : Town of Neuto­ mischel : mischel :

Licences were withdrawn from the follow­ New licences were issued to M. Tuszynski, ing persons : M. Tomicki, M. Koza, M. Stefan Olejniczak, Mme. Margarete Wandrey, eighteen years M. Wojeich, M. Mania and M. Kandulski. in the business ; M. Mania and M. Kandulski used to be farmers. M. Walter Goldmann, sixteen years in the business ; M. Alfred Kern, twenty-two years in the business ; M. Otto Schulz, twenty years in the business ; Mme. Margarete Knobel, thirty-three years in the business ; M. Hermann Pflaurn, twenty-one years in the business.

District of Obornik : Town of Obornik : District of Obornik: Town of Obornik:

The licence of M. Karl Magdans, a dis­ New licences were issued to M. Jan Geib, abled ex-serviceman incapacitated to the M. Fr. P. Filipowski and M. Leon Kriiger ; extent of 80 per cent, who has been eighteen and also (consecutively) to the lessees of years in the trade, was withdrawn. M. Magdans’ premises : M. Roman. Stawrski and M. Stanislaw Krzyzaniak.

Polajewo : Polajewo :

M. Paul Ewert, who inherited the business On January 1st, 1930, M. Poprawra, farmer, from his mother, was forced to close down. after having leased an agricultural holding of 136 arpents ensuring him a livelihood, obtained a new general licence.

Langgostin : Langgoslin :

M. Heinrich Redecker, a disabled ex-service- M. Redecker’s tenant, a Polish national, 60 per cent incapacitated, was compelled obtained a new general licence. 0 go into liquidation on December 31st, — 58 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Ostrowo : Town of Ostrowo : District of Ostrowo: Town of Ostrowo: M. Otto Kading, who has followed the trade New licences were issued to the following for thirty-three years, wTas compelled to go persons : M. Ptonszynski, M. Zawridczy, into liquidation on July 1st, 1930. Tomczak, M. Buchwald and M. Plociennik. In none of these cases does the question of disablement arise.

District of Rawitsch : Town of Rawitsch: District of Rawitsch : Town of Rawitsch :

The licences of the following persons were New licences were issued to the following withdrawal : M. Hermann Bauch, on July 1st, persons : M. Szymankiewicz, M. Dykier and 1931 ; Mme. Paula Manske, July 19th, Î931 ; Mme. Tomasz Polak, widow. Not one of Mme. Margarete Schotz, June 30th, 1930. the twenty licensees of Polish nationality at Rawitsch was compelled to go into liquidation.

District of Samter : Duschnik: District of Samter: Duschnik:

The licence of Mme. Bianka Brie, wrho Five kilometres away, in the locality of became the owner of her restaurant under a Kônigshof, a Pole, M. Siwinka, obtained a will, was withdrawn on July 1st, 1930. new general licence.

Popowo : Popowo :

Mme. Margarete Schlinke, who inherited In the neighbouring locality of Wartoslaw, the inn, had to go into liquidation on Septem­ M. Stepniak, who keeps a bakery and grocery, ber 18th, 1930. obtained a new general licence.

District of Schmiegel : Town of Schmiegel : District of Schmiegel: Town of Schmiegel:

Mme. Amanda Rissmann, a widow with Newr licences were issued to M. Stanislaw four children to support, who has been in the Tasiemski and M. Michal Hofka. trade for nineteen years, had to go into liquidation. She owTns the only carters’ rest in the chief town of the district, as well as the only hotel.

Kolusch : Kolusch :

M. Heinrich Dymke, an innkeeper who has M. Kicinski, a Pole, obtained a new general been in the trade for thirty years, had to go licence. into liquidation on July 25th, 1928.

District of Schrimm: Kurnik: District of Schrimm: Kurnik:

M. Alfred Reger, an innkeeper wrho has M. X. Janczak, a Pole, obtained a new followed the trade for twenty-nine years, general licence in 1928. had to go into liquidation on December 31st, 1929. His was the last licence held by Germans.

District of Schroda: Town of Schroda: District of Schroda: Town of Schroda:

M. Karl Mattheus has to keep a blind Polish nationals hold seventeen general mother who is 86 years old and a neurotic licences ; some of them have subsidiaryo c c u p a ­ daughter who is in a sanatorium. He has tions which would be an adequate reason for been an innkeeper for twenty-four years. withdrawing the licence if they were Germans. They are M. Jan Lesinski, farmer, gardener The licence of M. Adolf Schneider, who has and lessee of premises for selling monopol) been thirty-five years in the trade and who alcohol, wholesale ; M. Edward Liwerski. keeps a botel-restaurant, was withdrawn on stationer ; M. Ignacy Matczynski, confec­ June 30th, 1931. tioner ; M. Viktor Hotega, grocer ; Btaszczak, grocer ; M. Htittner, innkeeper. — 59 —

Licences withdrawn from citizens of German origin New licences granted to citizens of Polish origin District of Wreschen : Milcslaw : District of Wreschen: Milcslaw: jVf. Wilhelm Fitzke, an innkeeper who has Of the nine Polish innkeepers who still followed his trade for twenty-eight years, work their businesses, the following have a who suffers from double hernia, varicose subsidiary occupation which should be sufficient, veins and an affection of the stomach, had without holding a licence, to give them a live­ to go into liquidation on June 30th, 1930 ; lihood, as the authorities seem to have he was the only local German innkeeper. assumed in the case of M. Fitzke : M. Anton Swiderski, grocer, dealer in delicatessen, ironmonger, coal and building-materials mer­ chant ; M. Feliks Monaszvnski, grocer and ironmonger ; M. Anton Banaszkiewicz, inn­ keeper and grocer ; M. Jan Walczak, black­ smith, commissionaire, farmer and owner of an assembly-room ; Mme. Mielcarek, widow, grocery, delicatessen shop and store of building materials ; M. Janowski, farmer ; M. Marin Psyk, grocer ; M. Munarzynski, who has frequently been convicted by the authorities of embezzling Customs dues.

2. L e t t e r f r o m t h e P o l is h Delegation a c c r e d it e d to t h e L e a g u e of N a t io n s ,

d a t e d M a y 9 t h , 1932.

[Translation.]

To the Secretary-General.

You were good enough to forward me in a letter No. 4/34352/2181, of February 29th, 1932, a further petition with annexes from M. Graebe, dated January 22nd, 1932, concerning the issue and withdrawal of licences for the sale of intoxicating liquor. I have herewith the honour to convey to you the observations that my Government thinks it desirable to make on this further petition from M. Graebe. The Polish Government has on several occasions had an opportunity of explaining the legal provisions governing the issue and withdrawal of licences for the sale of alcoholic liquor, as well as the practical considerations governing the application of the legal provisions. It has also had frequent occasion to express its opinion on the proceedings of M. Graebe, who arrogates to himself the right of speaking on behalf of the German minority in Poland generally to voice complaints, the obvious purpose of which, at first sight, is to poison the relations, not only between the Government and certain Polish nationals belonging to the German minority, but also between the Polish majority and the German minority. In raking up cases which have already been examined by Minorities Committees or are undergoing examination and reporting facts which are still subject to the ordinary processes of domestic legislation, ->1. Graebe wishes apparently to confuse the situation as much as he can. The Polish Government feels itself justified in not giving a detailed reply to the repeated complaints of M. Graebe. Nevertheless, as one further proof of its desire to facilitate the work of the Minorities Committee, the Polish Government thinks it advisable to state hereunder the practical rules and considerations which guide the revenue authorities in the matter of licences for the sale of intoxicating liquor.

I. The provisions of the new Anti-alcohol Law (of March 21st, 1931) fixed the aggregate number of sales premises. This figure means a considerable decrease in the number of such premises throughout the whole of Poland. The number of existing sales premises (a fixed hgure per Voivodship) must, by July 1st, 1932, correspond to the number laid down by law. |he number of sales premises taken individually bears no proportion (contrary to what '■ Graebe states) to a fixed number of inhabitants, as the old Anti-alcohol Law provided, hales premises are allocated on the basis of considerations of a revenue character.

II. The competent revenue authorities do not allow themselves to be swayed by any consideration of the nationality or religion of licence-holders. On the contrary, they regard the issue of a licence as a privilege granted to persons who have special claims to consideration £IU* offer the guarantees of professional honesty demanded by State monopolies in every country. Consequently, there are categories of individuals who, in view of their past record °r of services rendered (war cripples, ex-servicemen, etc.), are regarded as entitled to priority — 60 — over the rest of the population irrespective of nationality. A decrease in the number of sales premises must necessarily affect primarily :

(1) Persons whose professional honesty is questionable (breaches of revenue regulations, etc.) ; (2) Persons who have several sources of income and whose material situation, therefore, is not likely to be too seriously affected by withdrawal of the licence.

Obviously, in addition to the above persons, licences are withdrawn — with every justification — from persons who, having committed breaches of the regulations, automatically lose the right to hold a licence.

I have the honour, as requested, to return herewith the original petition, together with its annexes.

(Signed) Th. G w i a z d o w z k i . Acting Chargé d’Affaires.