Note to III, 104—Continued

the Free City of Danzig and entered into force on January 10, 1922 (116 League of Nations Treaty Series). This agreement, in 9 parts and 244 articles, dealt with Polish and Danzig nationals, legal questions, posts, navigation, financial matters, customs, import and export of goods, and supply of food, fuel, and raw materials for the Free City, and also contained a series of special provisions. By article 215 "all restrictions on trade between the Polish Republic and the Free City of Danzig shall be abrogated as from April 1, 1922”.

Because Poland granted the Free City rights over and above the provisions of the convention, it stipulated in article 236 of the agreement that "differences of opinion" should not be submitted to the High Commissioner (article 39 of the convention) with regard to permission to engage in trade or manufacture within the territory of the other party, acquisition or alienation of movable and immovable property in the territory of the other party, maritime and inland navigation and fisheries. Poland was entitled to denounce those provisions if this understanding were "declared not to hold good".

The convention of 1920 and the complementary agreement of 1921 by no means comprised all the formal structure of Danzig-Polish relations. The Senate of the Free City in December 1923 issued a Zusammenstellung der zwischen der Freien Stadt Danzig und der Republik Polen abgeschlossenen Verträge, Abkommen und Vereinbarungen, 1920-23, which included 45 instruments as follows: 3 economic agreements concluded before the establishment of the Free City; 11 economic agreements; 4 railroad agreements; 3 agreements concerning the harbor board; 24 agreements on various matters. Editions of the Zusammenstellung for 1924-27, 1928-32, 1933-34, 1935, 1936, and 1937-38 included over 100 additional agreements between the Free City and Poland.

(1) To effect the inclusion of the Free City of Danzig within the Polish Customs frontiers, and to establish a free area in the port;

Note to III, 104 (1)

Identic statements in the form of separate protocols were jointly signed on August 13, 1932 (League of Nations, Official Journal, 1933, p. 143) in which the Polish Government and the Danzig Senate individually declared "that it is determined to take vigorous action

Note to III, 104 (1)—Continued

in its territory against any economic propaganda directed against Danzig [Polish] establishments or products coming from Danzig [Poland], and to use its authority to prevent hostile acts and demonstrations against persons of Danzig [Polish] origin or nationality".

Six agreements "on questions of considerable importance to the two countries" were concluded between the Free City and Poland on August 6, 1934 after several months of direct negotiation. The High Commissioner (ibid., 1934, p. 1922) reported them as concerned with the settlement of certain customs questions, the participation of the Free City in Polish import' quotas, regulations with regard to foodstuffs and articles of current use, the disposal of agricultural products, a veterinary convention, and an agreement regarding protection of plants. These agreements were in force on September 1, 1934 for an initial period of two years and were considered by the German Consul General at Danzig to have "attained in essence" the aim of Danzig, “provided the agreements concluded are loyally observed by the other party" (Auswärtiges Amt, 1939, No. 2, Documents on the Origin of the War, No. 181).

(2) To ensure to Poland without any restriction the free use and service of all waterways, docks, basins, wharves and other works within the territory of the Free City necessary for Polish imports and exports;

(3) To ensure to Poland the control and administration of the Vistula and of the whole railway system within the Free City, except such street and other railways as serve primarily the needs of the Free City, and of postal, telegraphic and telephonic communication between Poland and the port of Danzig;

Note to III, 104 (3)

The Council of the League of Nations took note on January 13, 1922 of a draft agreement between the Polish and Danzig Governments concerning the control and administration of the Vistula (League of Nations, Official Journal, 1922, pp. 103, 142).

(4) To ensure to Poland the right to develop and improve the waterways, docks, basins, wharves, railways and other works and means of communication mentioned in this Article, as well as to lease or purchase through appropriate processes such land and other property as may be necessary for these purposes;

695852 0-47—18

Note to III, 104 (4)

Owing to differences with the Danzig authorities over port facilities, Poland in 1926 began the development of the port of Gdynia to the west of Danzig. Traffic and trade were diverted from the Free City to this port. By an arrangement of August 5, 1933, Poland undertook to prevent a decrease of the sea-borne traffic then passing through the port of Danzig and insure Danzig's equal participation in future sea-borne import, export, and transit traffic. A protocol of September 18, 1933, prolonged until September 30, 1936, determined the quantities of specified goods to be transhipped by the port of Danzig (League of Nations, Official Journal, 1933, p. 1156; ibid., 1934, p. 27; ibid., 1936, p. 212).

(5) To provide against any discrimination within the Free City of Danzig to the detriment of citizens of Poland and other persons of Polish origin or speech;

Note to III, 104 (5)

The treatment of Polish nationals in the Free City was the subject of many differences and finally of an advisory opinion of the Permanent Court of International Justice, which on February 4, 1932 held that such questions were to be decided by reference to the treaties and not to the constitution of the Free City. Agreements of November 26, 1932 and August 5 (initialed), September 18 (signed), 1933 resolved the matter (League of Nations, Official Journal, 1932, p. 2282; ibid., 1933, p. 1157).

The 1932 agreement accepted the advisory opinion and dealt with contributions of the Polish Railway Administration to Danzig school expenditures, canceled prohibitions on the sale of certain newspapers in Danzig or Poland, and fixed the currency in which railway charges in Danzig were payable. The 1933 agreement concerned the treatment of Polish nationals in Free City schools. The Free City guaranteed "the free use of the Polish language, both in personal relations and for economic and social purposes". The provisions were to "be construed reasonably" but did not imply "any obligations to maintain a bilingual administration".

(6) To provide that the Polish Government shall undertake the conduct of the foreign relations of the Free City of Danzig as well as the diplomatic protection of citizens of that city when abroad.

ARTICLE 105.

On the coming into force of the present Treaty German nationals ordinarily resident in the territory described in Article 100 will

ipso facto lose their German nationality in order to become nationals of the Free City of Danzig.

Text of May 7:

On the coming into force of the present Treaty German nationals ordinarily resident in the territory of the Free City of Danzig will ipso facto become citizens of that city and will lose their German nationality.

ARTICLE 106.

Within a period of two years from the coming into force of the present Treaty, German nationals over 18 years of age ordinarily resident in the territory described in Article 100 will have the right to opt for German nationality.

Option by a husband will cover his wife and option by parents will cover their children less than 18 years of age.

All persons who exercise the right of option referred to above must during the ensuing twelve months transfer their place of residence to Germany.

These persons will be entitled to preserve the immovable property possessed by them in the territory of the Free City of Danzig. They may carry with them their movable property of every description. No export or import duties shall be imposed upon them in this

connection.

Note to III, 105, 106

A treaty between Germany and Danzig signed at Danzig November 8, 1920 concerned the regulation of option questions in accordance with articles 105 and 106 (7 League of Nations Treaty Series, p. 323).

ARTICLE 107.

All property situated within the territory of the Free City of Danzig belonging to the German Empire or to any German State shall pass to the Principal Allied and Associated Powers for transfer to the Free City of Danzig or to the Polish State as they may consider equitable.

Note to III, 107

The assessment against the Free City was originally fixed at £227,775, French francs 4,000,000, and 121,000,000 gold marks, which represented a total of £6,781,108. The indebtedness was settled by a total payment of £600,000, of which £360,000 went to the accounts

Note to III, 107—Continued

of the Reparation Commission and £240,000 to those of the Conference of Ambassadors, derived from the Danzig 62 percent (tobacco monopoly) state loan issued in London on June 25, 1927. In June 1937 the League Loans Committee (London) supported the conversion of the loan to a 412 percent basis and extension of amortization by 5 years, that is, to 1952. The Danzig Government, then under National Socialist control, decreed as from May 3, 1939 that the loan be converted to a gulden basis, and later that interest be reduced to 4 percent and amortization extended by 25 years. On July 4, 1939 Danzig suspended payment for the service of the loan.

ARTICLE 108.

The proportion and nature of the financial liabilities of Germany and of Prussia to be borne by the Free City of Danzig shall be fixed in accordance with Article 254 of Part IX (Financial Clauses) of the present Treaty.

All other questions which may arise from the cession of the territory referred to in Article 100 shall be settled by further agreements.

Note to III, 108

Germany was credited by the Reparation Commission, on account of German and Prussian public debt allocated to the Free City of Danzig, with the sum of 3,763,729 gold marks.

SECTION XII-Schleswig.

ARTICLE 109.

The frontier between Germany and Denmark shall be fixed in conformity with the wishes of the population.

For this purpose, the population inhabiting the territories of the former German Empire situated to the north of a line, from East to West (shown by a brown line on the map No. 4, annexed to the present Treaty [Not reproduced.]):

leaving the Baltic Sea about 13 kilometres east-north-east of Flensburg,

running

south-west so as to pass south-east of: Sygum, Ringsberg, Munkbrarup, Adelby, Tastrup, Jarplund, Oversee, and north-west of: