*

Note to III, 91-Continued

German-Polish relations is given with section XI, Free City of Danzig, below.

ARTICLE 92.

The proportion and the nature of the financial liabilities of Germany and Prussia which are to be borne by Poland will be determined in accordance with Article 254 of Part IX (Financial Clauses) of the present Treaty.

There shall be excluded from the share of such financial liabilities assumed by Poland that portion of the debt which, according to the finding of the Reparation Commission referred to in the abovementioned Article, arises from measures adopted by the German and Prussian Governments with a view to German colonisation in Poland.

In fixing under Article 256 of the present Treaty the value of the property and possessions belonging to the German Empire and to the German States which pass to Poland with the territory transferred above, the Reparation Commission shall exclude from the valuation buildings, forests and other State property which belonged to the former Kingdom of Poland; Poland shall acquire these properties free of all costs and charges.

In all the German territory transferred in accordance with the present Treaty and recognised as forming definitively part of Poland, the property, rights and interests of German nationals shall not be liquidated under Article 297 by the Polish Government except in accordance with the following provisions:

(1) The proceeds of the liquidations shall be paid direct to the

owner;

(2) If on his application the Mixed Arbitral Tribunal provided for by Section VI of Part X (Economic Clauses) of the present Treaty, or an arbitrator appointed by that Tribunal, is satisfied that the conditions of the sale or measures taken by the Polish Government outside its general legislation were unfairly prejudicial to the price obtained, they shall have discretion to award to the owner equitable compensation to be paid by the Polish Government.

Further agreements will regulate all questions arising out of the cession of the above territory which are not regulated by the present Treaty.

Text of May 7:

The proportion and the nature of the financial liabilities of Germany and Prussia to be borne by Poland will be determined in accordance with Article 254 of Part IX (Financial Clauses) of the Present Treaty.

There shall be excluded from the share of such financial liabilities assumed by Poland that portion of the debt which, according to the finding of the Reparation Commission referred to in the above-mentioned Article, arises from measures adopted by the German and Prussian Governments with a view to German colonisation in Poland.

In fixing under Article 256 of the present Treaty the value of the property and possessions belonging to the German Empire and to the German States which pass to Poland with the territory transferred above, the Reparation Commission shall exclude from the valuation buildings, forests and other State property which belonged to the former kingdom of Poland; Poland shall acquire these properties free of all costs and charges.

Further agreements will regulate all questions arising out of the cession of the above territory which are not regulated by the present Treaty.

Note to III, 92

A transitional convention continuing German officials as attachés to the heads of 28 local administrative, municipal, and judicial offices was concluded at Berlin November 9, 1919 (9 League of Nations Treaty Series, p. 77). German officials temporarily retained by Poland were exempted from the liquidation of their property, rights and interests under article 92, paragraph 4; article 297; and the annex to article 298 of the treaty of peace.

An agreement between Germany and Poland regarding the settlement of claims was signed at Warsaw on October 31, 1929 and had. the force of law as from the entry into force of the New (Young) Plan, that is, May 17, 1930, though the ratifications were not exchanged until April 21, 1931 (124 League of Nations Treaty Series, p. 345). The agreement, which was made a part of the arrangements for liquidating outstanding obligations in connection with the New (Young) Plan, remitted for settlement some 15,000 individual claims to the respective Governments of the national claimants. The Ger man Government assumed the obligation to settle some 540,000,000 Reichsmarks of private German claims against Poland, and Poland undertook to settle a somewhat smaller amount of private Polish claims against Germany. The mutual waiver carried out the provision of paragraph 143 of the New (Young) Plan, which was recognized by Poland. The German waiver comprised all claims in

Note to III, 92—Continued

virtue of articles 92, paragraph 4; 297(h), paragraph 2; 304; and 305 of the treaty of peace; and the Polish waiver covered liquidation of property, rights and interests in virtue of articles 92 and 297 (b) and all claims in virtue of articles 297, 298, 300, 302, 304, and 305 of that treaty.

ARTICLE 93.

Poland accepts and agrees to embody in a Treaty with the Principal Allied and Associated Powers such provisions as may be deemed necessary by the said Powers to protect the interests of inhabitants of Poland who differ from the majority of the population in race, language or religion.

Poland further accepts and agrees to embody in a Treaty with the said Powers such provisions as they may deem necessary to protect freedom of transit and equitable treatment of the commerce of other nations.

Note to III, 93

For the stipulated treaty with Poland, signed at Versailles, June 28, 1919, see p. 791.

SECTION IX.-East Prussia.

ARTICLE 94.

In the area between the southern frontier of East Prussia, as described in Article 28 of Part II (Boundaries of Germany) of the present Treaty, and the line described below, the inhabitants will be called upon to indicate by a vote the State to which they wish to belong:

The western and northern boundary of Regierungsbezirk Allenstein to its junction with the boundary between the Kreise of Oletsko and Angerburg; thence, the northern boundary of the Kreis of Oletsko to its junction with the old frontier of East Prussia. Note to III, 94

If East Prussia were separated from Germany, protested the German delegation, it would be, "economically speaking", delivered to Poland and must "accrue eventually" to it (Foreign Relations, The Paris Peace Conference, 1919, vi, 837). "Germany can never allow this." The plebiscite was objected to on the grounds that the boundaries of the province had been established "for about 500 years", that

Note to III, 94—Continued

the use of a non-German language was of no consequence, and that the population, "aside from a group of foreign agitators", had never expressed a demand for separation from Germany. A similar situation existed in the districts of West Prussia where a plebiscite was planned. President Wilson was quoted to the effect that the presence of such small minorities was "no reason for doubting the national character of a territory".

According to the Allied reply, East Prussia had not been included in the political frontiers until 1866, and "the convenience of Germany is no reason why the dismemberment and partition of another nation should be continued" (ibid., p. 948). Most of East Prussia's trade with Germany was sea-borne; nevertheless, the importance of the railway connection was recognized, and articles of the treaty, as carefully revised, ensured that "there shall be no impediment placed in the way of communciation across the intervening Polish territory". The Allies professed not to understand the German objections to plebiscites, for "the Germans at the very moment when they profess assent to the principle of self-determination, refuse to accept the most obvious means of applying it".

Arrangements for the inter-Allied commission in Allenstein and Marienwerder and Upper Silesia are contained in the agreement signed at Paris, January 8, 1920, by Messrs. Le Rond and Von Sim

son.

The Inter-Allied Administrative and Plebiscite Commission for Allenstein issued its initial proclamation on February 14, 1920, and thereafter the customary regulations and orders with respect to registration and voting, entrance and exit, and order followed in succession.

The plebiscite took place on July 11, 1920. In the 11 Kreise involved, 425,305 voters were inscribed, though only 371,715 votes were cast. Of these, 363,209 were for East Prussia and 7,980 for Poland. In the 11 Kreise there were 1,704 communes; the distribution of the balloting showed that 1,695 of these voted for East Prussia and 9 for Poland.

Owing to the absence of a commissioner appointed by the United States, the Italian chairman was entitled to a casting vote.

The commission recommended the assignment of the three villages of Klein Lobenstein, Klein Nappern, and Groschken, all having 4,786 inhabitants, to Poland; the Conference of Ambassadors approved, and the villages were handed over to Poland on August 31, 1920, Germany being confirmed as possessor of the rest of the area.

ARTICLE 95.

The German troops and authorities will be withdrawn from the area defined above within a period not exceeding fifteen days after the coming into force of the present Treaty. Until the evacuation is completed they will abstain from all requisitions in money or in kind and from all measures injurious to the economic interests of the country.

On the expiration of the above-mentioned period the said area will be placed under the authority of an International Commission of five members appointed by the Principal Allied and Associated Powers. This Commission will have general powers of administration and, in particular, will be charged with the duty of arranging for the vote and of taking such measures as it may deem necessary to ensure its freedom, fairness and secrecy. The Commission will have all necessary authority to decide any questions to which the execution of these provisions may give rise. The Commission will make such arrangements as may be necessary for assistance in the exercise of its functions by officials chosen by itself from the local population. Its decisions will be taken by a majority.

Every person, irrespective of sex, will be entitled to vote who:

(a) Is 20 years of age at the date of the coming into force of the present Treaty, and

(b) Was born within the area where the vote will take place or has been habitually resident there from a date to be fixed by the Commission.

Every person will vote in the commune where he is habitually resident or, if not habitually resident in the area, in the commune where he was born.

The result of the vote will be determined by communes (Gemeinde) according to the majority of the votes in each commune.

On the conclusion of the voting the number of votes cast in each commune will be communicated by the Commission to the Principal Allied and Associated Powers, with a full report as to the taking of the vote and a recommendation as to the line which ought to be adopted as the boundary of East Prussia in this region. In this recommendation regard will be paid to the wishes of the inhabitants as shown by the vote and to the geographical and economic conditions of the locality. The Principal Allied and Associated Powers will then fix the frontier between East Prussia and Poland in this region.