FREE CITY OF DANZIG GENERAL REPORT BY THE SECRETARY-GENERAL FOR THE PERIOD OCTOBER 1924-MARCH 1925' 776 League of Nations - Offlcial Journal MAY 1923

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1 776 League of Nations - Offlcial Journal MAY 1923 FREE CITY OF DANZIG C. 227 M I. GENERAL REPORT BY THE SECRETARY-GENERAL FOR THE PERIOD OCTOBER 1924-MARCH 1925' The Secretary-General has the honour to forward, for the information of the Council and the Members of the League, a general report as a reference document on questions concern- Ing the Free City of Danzig for the period from October 1st, 1924, to March 31st, I. QUESTIONS ON THE AGENDA OF THE THIRTY-SECOND (DECEMBER 1924) AND THIRTY-THIRD (MARCH 1925) COUNCIL SESSIONS. M. Quiftones de Leon, representative of Spain, acted as Rapporteur. His reports and the discussions in the Council, as well as the resolutions adopted by the Council on each question, will be found in the Official Journal as annexes to the Minutes of these Sessions. 1. Appointment of the High Commzsswner of the League in Danzig (Document C M ). On December 11th, 1924, Mr. M. S. MACDONNELL was reappointed High Commissioner for a further period of one year from February 22nd, Protection of the Interests in Poland of Danzig Nationals and Organisations (the Schauer and Ruetzen-Kositzkau Cases) The Danzig Government appealed against the High Commissioner's decision of June 21st, 1923 (document C I), and on September 9th, 1924, the Council requested a committee of jurists to examine, from the legal standpoint, the substance of the question dealt with in the decision. In its opinion (document C I, or Annex 697a, Official Journal, February 1925) the Committee expressed its agreement with the decision of the High Commissioner, and as a result of an agreement concluded between the two Governments (document C , I, or Annex 697 Official Journal, February 1925) the question was removed from the agenda of the December session. 3. Appointment of Danzig Consular Attaches at Polish Consulates. Danzig appealed against the High Comussioner's decision of November 18th, 1924 (document C , or Annexes 698a, 698b, Official Journal, February 1925), but the appeal was withdrawn, an agreement having been reached on November 25th, 1924 (document C I, or Annex 698, Official Journal, February 1925). 4. Expenditure by the High Commissioner to secure Expert Advice 2 In December 1924, the Council authorised the High Conmussioner to use the funds advanced to lum by the League in order to secure expert advice - should he deem it desirable -in connection with the question of the transformation of certain corporations formerly operating in West Prussia (see No. 13 below). >'. 5. Expulsion of Danzig Nationals from Poland. The Council, on September 13th, 1924, requested certain legal experts to give an opinion on the question whether that part of the High Commissioner's decision of August 1st, 1924 (document C I), dealing with four definite cases of expulsion, was in conformity with existing treaties and with international law and international practice. The reply of the ]urists (document C. 726 (1) I, or Annex 720a, Official Journal, February 1925) having -been in the affirmative, the Council, on December 12th, 1924, confirmed the High Comnnssioner's decision. For the preceding report, see document C M I, or Official Journal, November 1924, pages For the Secretary-General's note, see document C M HeinOnline -- 6 League of Nations O. J

2 MAY 1925 League of Nations - Oflcial Journal Polish Railway Direction in Danzig. As a result of the Polish appeal against the High Comussioner's decision of December 12th, 1922 (document C I),and in virtue of the Council's resolution of December 12th, 1924, a committee of jurists was appointed to examine the question as to whether the High Commissioner's decision was in conformity with the treaties, decisions and agreements in force. The committee having replied in the affirmative (document C ), the Council, on March 13th, 1925, confirmed (document C ) the High Commissioner's decision. 7 Commercial Treaties concluded between Poland and other Countries affecting Danzig (see below, Chapter IV 1. C.). 8. Steam Ferry between the Holm and the Mainland. The High Commissioner's decision of November 5th, 1924 (document C ), against which Danzig had appealed (document C ), was replaced bv an agreement (document C , or Annex 722, Oficial Journal, February 1925) noted by the Council on December 12th, Transfer of Certain Property of the former Prussian Vistula Administration. As a result of the Council's resolution of December 12th, 1924, the Rapporteur, assisted by two jurists (document C ) and the President of the Harbour Board (document C ), submitted to the Council a report on certain aspects of the question dealt with in the High Commissioner's decision of November 9th, 1924 (document C I), against which Danzig and Poland had appealed (document C ). On March 13th, 1925, the High Commissioner's decision was replaced by a resolution of the Council (document C. 126 (1) I) providing for an agreement to be concluded between the two parties and, failing an agreement, a final settlement of the question by an arbitrator to be appointed by the parties or, if necessary by the High Commissioner. 10. Harbour Board Police Execution of the High Commissioner's Decision of June 6th, On December 12th, 1924, the Council requested the President of the Danzig Harbour Board to submit a detailed proposal for a practical-solution of the problem dealt with in the High Commissioner's decision of November 10th, 1924 (document C ), against which Danzig had appealed (documents C I and C ). By a Council resolution of March 13th, 1925 (aocument C ), the High Commissioner's decision was replaced by the arrangement contined in the report of the President of the Harbour Board (document C ), which followed the general lines of the report adopted by the Council at its December session. 11. Participation of Danzig at the Stockholm Postal Congress. In December 1924, the conclusions of the High Commissioner's decision of November 10th, 1924 (document C ), against wluch both Danzig and Poland had appealed (document C ), were confirmed after certain explanations had been given by the Rapporteur. 12' Principles applicable to. the Conclusion of Agreements between Danzig and Poland. The High Comnussioner's decision of November 7th, 1924 (document C ), against which Poland had appealed (document C I), was replaced by a report adopted by the Council on March 13th, 1925 (document C. 107 (1) ). 13. Transformation of Public Institutions the Case of "Die Danzig" On March 13th, 1925, the Council confirmed (document C I) the High Commissioner's decision of November 15th, 1924 (document C ), against which Poland had appealed (document C ). Questions were postponed from the Council session In December HeinOnline -- 6 League of Nations O. J

3 778 League of Nations - Official Journal MAY The Application of the Polish Customs Law of July 31st, 1924, in Danzig Territory. On March 13th, 1925, the Council adopted a detailed report on the subject and confirmed '(document C. 108 (2) I) the High Commissioner's decision of November 6th, 1924 (document C I), against which Danzig had appealed '(documents C I and C ). 15. General Questions, in particular the Question of Procedure in the Case of Appeals against the High Commissioner's Decisions. On March 13th, 1925, the Council considered (document C ) certain genera questions concerning Danzig-Polish relations and, in particular, the question of procedure for dealing with Danzig-Polish disputes and the question of "' direct action" in the relations between Poland and the Free City This matter was dealt with in a report from the High Commissioner (document C I), submitted to the Council in virtue of its resolution of December 12th, 1924, and in a note from the Danzig Government (document C. 196, ). The Council asked its Rapporteur to submit detailed proposals on the matter by May 10th, With regard to " direct action" the Council, while reserving to itself the right to decide in the last instance whether either Government had resorted to direct action instead of employing the methods of redress provided for in the treaties, left it to the High Commissioner to decide provisionally whether there had been direct action or not in cases where it might be dangerous to wait for a Council meeting. 16. Polish Postal Service,imDanzig. On March 13th, the Council examined the question dealt with in the High Commissioner's decision of February 2nd, 1925 (document C I), against which Poland had appealed (document C. 90 and C. 90(a) I), and requested the Permanent Court of International Justice to give, at an extraordinary session, an advisory opinion on certain questions invoived (document C I). The following is a full list of the documents relating to the question High Commissioner's decision C I Polish notes C. 90 and C. 90 (a.) I, - C I, Danzig notes C I, - C I, - C I., High Commissioner's report C I, - C I Polish note C I, letter from the Acting President of the Council to the High Commissioner C I Rapporteur's report C I. II. PRESIDENCY OF THE HARBOUR BOARD. On December 6th, 1924, the Council noted the statement of Colonel de Reymer, President of the Danzig Harbour Board, that he was unable to accept reappointment, and expressed its thanks for the work he had done during his four years of office in Danzig. On March 14th, 11925, Colonel Hugues de LoEs (Swiss) was appointed his successor for a period of three years from the date when he assumed his duties, his salary being fixed at 60,000 gold francs per annum (document C I). For the Secretary-General's note, see document C I and for a pamphlet by Colonel de Reymer on the activities of the Harbour Board during his Presidency, see document C I. III. DECISIONS OF THE HIGH COMMISSIONER. Since October 1st, 1924, when the last general report on Danzig questions was issued, the High Commissioner has given ten decisions, of which nine are mentioned under paragraphs 3, and 16 of Section I above. The tenth decision, dated October 18th, 1924, and which was not appealed against, concerns the adhesion of Danzig to the Polish-German Convention of Breslau regarding through transit between Polish Upper Silesia and the rest of Poland through Germany The High Commissioner decided that "the request of the Free City to be joined as a contracting party to the Convention of Breslau of June 22nd, 1922, was a request to which the Polish Government is bound to accede " For a booklet containing the High Commissioner's decisions given in 1924, prepared by the Danzig Senate, see document C I. HeinOnline -- 6 League of Nations O. J

4 MA 9 League of Nations - Official journal 779 IV OTHER QUESTIONS. 1. Participation of Danzig in International Treaties and Conventions. A. The High Commissioner, in a letter of October 30th, 1924, communicated the following list of treaties and international agreements to which the Free City has adhered (the adhesion of Danzig to certain of these treaties has already been mentioned in previous reports). 1. International Telegrapluc Agreement (St. Petersburg) dated July I0th-22nd, International Radio-Telegraphic Agreement (London) dated July 5th, Sanitary Convention (Paris) dated January 17th, Prohibition of Nightwork for Women in Industrial Undertakings (Berne) dated September 26th, Prevention of the Use of White Phosphorus in the Manufacture of Matches dated September 26th, Suppression of the White Slave Traffic (Pans) dated May 18th, 1904, and May 4th, Suppression of Obscene Publications dated May 4th, Protection of Industrial Property (Pans) dated March 20th, 1883, etc. 9. Protection of Literary and Artistic Works (Berne) dated November 13th, 1908, and March 20th, International Postal Union of May 26th, 1906 (Rome) and November 30th, 1920 (Madrid). 11. Collision of Ships and Assistance and Salvage at Sea (Brussels) dated September 23rd, Preservation or Re-establishment of Rights in Industrial Property affected by the World-War (Berne) dated June 30th, Exemption of Hospital Ships from Harbour Dues and Tolls (The Hague) dated December 21st, International Circulation of Motor Vehicles dated October 11th, Improvement in the Treatment of the Sick and Wounded of Arimes in the Field (Geneva) dated July 6th, Opium Convention of January 23rd, International Agreement for the Protection of Birds Useful to Agriculture dated March 19th, Suppression of Traffic in Women and Children (Geneva) dated September 30th, Agreement for the Prevention of False Marks of Orgin (Miadrid) dated April 14th, Agreement for the International Registration of Trade Marks (Madrid) dated April 14th, The Brussels Agreement, Principal and Supplementary, regarding the Exchange between States of Offical and Parliamentary Documents, dated March 15th, B. In reply to a letter from the High Commissioner dated December 1st, 1924, the Secretary-General stated that he did not believe that any objection could be raised on behalf.of the League of Nations to the adhesion by Danzig to the following international agreements 1. Convention of The Hague of July 17th, 1905, relating to Civil Procedure. 2. General Convention of The Hague of July 17th, 1905 (a) regarding the adjustment of conflicting laws relating to the effects of marriage on the rights and duties of husband and wife in their personal relations and on the property of married persons (b) regarding interdiction and similar measures of protection. :3. General Convention of The Hague of June 12th, 1902 (a) regarding the adjustment of conflicting laws relating to marriage (b) regarding the adjustment of conflicting laws and jurisdiction in the matter,6f divorce and judicial separation (c) regarding the protection of nunors. 4. The Convention of Pans of March 14th, 1924, etc., regarding the Protection of Submarine Cables. 5. The Geneva Convention of September 12th, 1923, for the Suppression of the Circulation of, and Traffic in, Obscene Publications (League of Nations, document C M IV). C. On December 8th, 1924, the Council noted a communication from the High Commissioner to the effect that his right of veto under Article 6 of the November Treaty should not be applied to a number of commercial treaties which affect Danzig and which have been -concluded between Poland and Roumama, Czechoslovakia, France, the Allied Powers (for the Territory of Memel), Italy Switzerland, Austria, the Kingdom of the Serbs, Croats and Slovenes, Japan, Belgium and Luxemburg, Great Britain and the Irish Free State, and the,netherlands. HeinOnline -- 6 League of Nations O. J

5 780 League of Nations - Official Journal MAY 1025 D. The High Commissioner has informed the Secretary-General that there appeared to nm to be no ground for vetoing the Commercial Agreement concluded on March 22nd, 1924, between Poland on the one hand and Denmark and Iceland on the other, both of which affect Danzig. 2. The High Commissioner's Post. (a) Contributions. The Danzig Government and the Polish Government have, since the last report, paid to the Financial Administration of the League a total of 80,000 gold francs -the sum required to meet the advances made by the League of Nations for the upkeep of the High Commissioner's post for the third and fourth quarters of All arrears were paid up. (b) The High Commisswner's house. During its December session, the Council authorised the High Commissioner to submit to it at a later session proposals with regard to this question. 3. Financial Questions. The Financial Committee, in February and the Council, during its session in March 1925 (document C I), considered a request from Danzig to authonse the association of the League with a foreign loan to be raised by the Danzig Municipality On March 14th, 1925, the Council gave its consent to the association of the League to this loan of one and a- half million pounds (nominal) to be used for the Municipality and under the agreement between the Municipality and the Harbour Board for the development of the harbour. For the relevant documents, see C M II and C M II. 4. Miscellaneous Questions. (a) The Secretariat has received the annual report from Danzig for 1923 concerning the traffic in women and children. (b) It has also received information concerning the passport and transport facilities for Russian refugees in Danzig (Official Journal, November 1924, page 1714). (c) A book prepared by the Danzig Senate containing Danzig-Polish agreements concluded during the period , which was mentioned in the last report, has been communicated to the Council (document C I). (d) The Memorandum on Balance of Payments and Foreign Trade Balances , Vol. II, prepared by the Secretariat, contains a chapter on Danzig. (e) The Free City was represented at the first part of the Second Opium Conference held in Geneva in December January (f) Certain information concerning the Danzig Bank of Issue was communicated to the Financial Committee of the League (document F 195). (g) Data concerning intellectual life in Danzig has been furnished to the Secretariat (for a report on the Intellectual Life in Danzig, see Bulletin of the Internationial Universil u Information Office, October 1924). HeinOnline -- 6 League of Nations O. J