PART
III.
POLITICAL CLAUSES FOR EUROPE
SECTION
I.
BELGIUM.
ARTICLE
31.
Germany, recognising that the Treaties of April 19, 1839, which
established the
status of Belgium before the war, no longer conform to the requirements
of the
situation, consents to the abrogation of the said Treaties and
undertakes
immediately to recognise and to observe whatever conventions may
be entered into
by the Principal Allied and Associated Powers, or by any of them,
in concert with
the Governments of Belgium and of the Netherlands, to replace
the said Treaties
of 1839. If her formal adhesions should be required to such conventions
or to any
of their stipulations, Germany undertakes immediately to give
it.
ARTICLE 32.
Germany recognises the full sovereignty of Belgium over the whole
of the
contested territory of Moresnet (called Moresnet neutre).
ARTICLE 33.
Germany renounces in favour of Belgium all rights and title over
the territory of
Prussian Moresnet situated on the west of the road from Liege
to Aix-la-Chapelle;
the road will belong to Belgium where it bounds this territory.
ARTICLE 34.
Germany renounces in favour of Belgium all rights and title over
the territory
comprising the whole of the Kreise of Eupen and of Malmedy. During
the six
months after the coming into force of this Treaty, registers will
be opened by
the Belgian authority at Eupen and Malmedy in which the inhabitants
of the above
territory will be entitled to record in writing a desire to see
the whole or part
of it remain under German sovereignty. The results of this public
expression of
opinion will be communicated by the Belgian Government to the
League of Nations,
and Belgium undertakes to accept the decision of the League.
ARTICLE
35 .
A Commission of seven persons, five of whom will be appointed
by the Principal
Allied and Associated Powers, one by Germany and one by Belgium,
will be set up
fifteen days after the coming into force of the present Treaty
to settle on the
spot the new frontier line between Belgium and Germany, taking
into account the
economic factors and the means of communication. Decisions will
be taken by a
majority and will be binding on the parties concerned.
ARTICLE 36.
When the transfer of the sovereignty over the territories referred
to above has
become definite, German nationals habitually resident in the territories
will
definitively acquire Belgian nationality ipso facto, and will
lose their German
nationality. Nevertheless, German nationals who became resident
in the
territories after August 1, 1914, shall not obtain Belgian nationality
without a
permit from the Belgian Government.
ARTICLE 37.
Within the two years following the definitive transfer of the
sovereignty over
the territories assigned to Belgium under the present Treaty,
German nationals
over 18 years of age habitually resident in those territories
will be entitled to
opt for German nationality. Option by a husband will cover his
wife, and option
by parents will cover their children under 18 years of age. Persons
who have
exercised the above right to opt must within the ensuing twelve
months transfer
their place of residence to Germany. They will be entitled to
retain their
immovable property in the territories acquired by Belgium. They
may carry with
them their movable property of every description. No export or
import duties may
be imposed upon them in connection with the removal of such property.
ARTICLE 38.
The German Government will hand over without delay to the Belgian
Government the
archives, registers, plans, title deeds and documents of every
kind concerning
the civil, military, financial, judicial or other administrations
in the
territory transferred to Belgian sovereignty. The German Government
will
likewise restore to the Belgian Government the archives and documents
of every
kind carried off during the war by the German authorities from
the Belgian public
administrations, in particular from the Ministry of Foreign Affairs
at Brussels.
ARTICLE 39.
The proportion and nature of the financial liabilities of Germany
and of Prussia
with Belgium will have to bear on account of the territories ceded
to her shall
be fixed in conformity with Articles 254 and 256 of Part IX (Financial
Clauses)
of the present Treaty.
SECTION II.
LUXEMBURG.
ARTICLE 40.
With regard to the Grand Duchy of Luxemburg, Germany renounces
the benefit of all
the provisions inserted in her favour in the Treaties of February
8, 1842, April
2, 1847, October 20-25, 1865, August 18, 1866, February 21 and
May 11, 1867, May
10, 1871, June 11, 1872, and November 11, 1902, and in all Conventions
consequent
upon such Treaties. Germany recognises that the Grand Duchy of
Luxemburg ceased
to form part of the German Zollverein as from January 1, 1919,
renounces all
rights to the exploitation of the railways, adheres to the termination
of the
regime of neutrality of the Grand Duchy, and accepts in advance
all international
arrangements which may be concluded by the Allied and Associated
Powers relating
to the Grand Duchy.
ARTICLE 41.
Germany undertakes to grant to the Grand Duchy of Luxemburg, when
a demand to
that effect is made to her by the Principal Allied and Associated
Powers, the
rights and advantages stipulated in favour of such Powers or their
nationals in
the present Treaty with regard to economic questions, to questions
relative to
transport and to aerial navigation.
SECTION III.
LEFT
BANK OF THE RHINE.
ARTICLE 42.
Germany is forbidden to maintain or construct any fortifications
either on the
left bank of the Rhine or on the right bank to the west of a line
drawn 50
kilometres to the East of the Rhine.
ARTICLE 43.
In the area defined above the maintenance and the assembly of
armed forces,
either permanently or temporarily, and military maneuvers of any
kind, as well as
the upkeep of all permanent works for mobilization, are in the
same way
forbidden.
ARTICLE 44.
In case Germany violates in any manner whatever the provisions
of Articles 42 and
43, she shall be regarded as committing a hostile act against
the Powers
signatory of the present Treaty and as calculated to disturb the
peace of the
world.
SECTION IV.
SAAR BASIN.
ARTICLE 45.
As compensation for the destruction of the coal-mines in the north
of France and
as part payment towards the total reparation due from Germany
for the damage
resulting from the war, Germany cedes to France in full and absolute
possession,
with exclusive rights of exploitation, unencumbered and free from
all debts and
charges of any kind, the coal-mines situated in the Saar Basin
as defined in
Article 48.
ARTICLE 46.
In order to assure the rights and welfare of the population and
to guarantee to
France complete freedom in working the mines, Germany agrees to
the provisions of
Chapters I and II of the Annex hereto.
ARTICLE 47.
In order to make in due time permanent provision for the government
of the Saar
Basin in accordance with the wishes of the populations, France
and Germany agree
to the provisions of Chapter III of the Annex hereto.
ARTICLE 48.
The boundaries of the territory of the Saar Basin, as dealt with
in the present
stipulations, will be fixed as follows: On the south and south-west:
by the
frontier of France as fixed by the present Treaty. On the north-west
and north:
by a line following the northern administrative boundary of the
Kreis of Merzig
from the point where it leaves the French frontier to the point
where it meets
the administrative boundary separating the commune of Saarholzbach
from the
commune of Britten; following this communal boundary southwards
and reaching the
administrative boundary of the canton of Merzig so as to include
in the territory
of the Saar Basin the canton of Mettlach, with the exception of
the commune of
Britten; following successively the northern boundaries of the
cantons of Merzig
and Haustedt, which are incorporated in the aforesaid Saar Basin,
then
successively the administrative boundaries separating the Kreise
of Sarrelouis,
Ottweiler, and Saint-Wendel from the Kreise of Merzig, Treves
(Trier), and the
Principality of Birkenfeld as far as a point situated about 500
metres north of
the village of Furschweiler (viz., the highest point of the Metzelberg).
On the
north-east and east: from the last point defined above to a point
about 3 1/2
kilometres east-north-east of Saint-Wendel: a line to be fixed
on the ground
passing east of Furschweiler, west of Roschberg, east of points
418, 329 (south
of Roschberg) west of Leitersweiler, north-east of point 464,
and following the
line of the crest southwards to its junction with the administrative
boundary of
the Kreis of Kusel
thence in a southerly direction the boundary of the Kreis of Kusel,
then the
boundary of the Kreis of Homburg towards the south-south-east
to a point situated
about 1000 metres west of Dunzweiler; thence to a point about
1 kilometre south
of Hornbach- a line to be fixed on the ground passing through
point 424 (about
1000 metres south-east of Dunzweiler), point 363 (Fuchs-Berg),
point 322
(south-west of Waldmohr), then east of Jagersburg and Erbach,
then encircling
Homburg, passing through the points 361 (about 2-1/2 kilometres
north-east by
east of that town), 342 (about 2 kilometres south-east of that
town), 347
(Schreiners-Berg), 356, 350 (about 1-1/2 kilometres south-east
of Schwarzenbach),
then passing east of Einod, south-east of points 322 and 333,
about 2 kilometres
east of Webenheim, about 2 kilometres east of Mimbach, passing
east of the
plateau which is traversed by the road from Mimbach to Bockweiler
(so as to
include this road in the territory of the Saar Basin), passing
immediately north
of the junction of the roads from Bockweiler and Altheim situated
about 2
kilometres north of Altheim, then passing south of Ringweilerhof
and north of
point 322, rejoining the frontier of France at the angle which
it makes about 1
kilometre south of Hornbach (see Map No. 2 scale 1/100,000 annexed
to the present
treaty). [See Introduction ]
A Commission composed of five members, one appointed by France,
one by Germany,
and three by the Council of the League of Nations, which will
select nationals of
other Powers, will be constituted within fifteen days from the
coming into force
of the present Treaty, to trace on the spot the frontier line
described above.
In those parts of the preceding line which do not coincide with
administrative
boundaries, the Commission will endeavour to keep to the line
indicated, while
taking into consideration, so far as is possible, local economic
interests and
existing communal boundaries.
The decisions of this Commission will be taken by a majority,
and will be binding
on the parties concerned.
ARTICLE 49.
Germany renounces in favour of the League of Nations, in the capacity
of trustee,
the government of the territory defined above.
At the end of fifteen years from the coming into force of the
present Treaty the
inhabitants of the said territory shall be called upon to indicate
the
sovereignty under which they desire to be placed.
ARTICLE 50.
The stipulations under which the cession of the mines in the Saar
Basin shall be
carried out, together with the measures intended to guarantee
the rights and the
well-being of the inhabitants and the government of the territory,
as well as the
conditions in accordance with which the plebiscite herein before
provided for is
to be made, are laid down in the Annex hereto. This Annex shall
be considered as
an integral part of the present Treaty, and Germany declares her
adherence to it.
ANNEX.
In accordance with the provisions of Articles 45 to 50 of the
present Treaty, the
stipulations under which the cession by Germany to France of the
mines of the
Saar Basin will be effected, as well as the measures intended
to ensure respect
for the rights and well-being of the population and the government
of the
territory, and the conditions in which the inhabitants will be
called upon to
indicate the sovereignty under which they may wish to be placed,
have been laid
down as follows:
CHAPTER I .
CESSION AND EXPLOITATION OF MINING PROPERTY.
From
the date of the coming into force of the present Treaty,
all the deposits of coal situated within the Saar Basin as defined
in Article 48 of the said Treaty, become the complete and absolute
property of
the French State.
The French State will have the right of working or not working
the said mines, or
of transferring to a third party the right of working them, without
having to
obtain any previous authorisation or to fulfil any formalities.
The French State may always require that the German mining laws
and regulations
referred to below shall be applied in order to ensure the determination
of its
rights.
2.
The right of ownership of the French State will apply not only
to the deposits
which are free and for which concessions have not yet been granted,
but also to
the deposits for which concessions have already been granted,
whoever may be the
present proprietors, irrespective of whether they belong to the
Prussian State,
to the Bavarian State, to other States or bodies, to companies
or to individuals,
whether they have been worked or not, or whether a right of exploitation
distinct
from the right of the owners of the surface of the soil has or
has not been
recognised.
3.
As far as concerns the mines which are being worked, the transfer
of the
ownership to the French State will apply to all the accessories
and subsidiaries
of the said mines, in particular to their plant and equipment
both on and below
the surface to their extracting machinery, their plants for transforming
coal
into electric power, coke and by-products, their workshops means
of
communication, electric lines, plant for catching and distributing
water, land,
buildings such as offices, managers, employees, and workmen's
dwellings, schools,
hospitals and dispensaries, their stocks and supplies of every
description, their
archives and plans, and in general everything which those who
own or exploit the
mines possess or enjoy for the purpose of exploiting the mines
and their
accessories and subsidiaries.
The transfer will apply also to the debts owing for products delivered
before the
entry into possession by the French State and after the signature
of the present
Treaty, and to deposits of money made by customers, whose rights
will be
guaranteed by the French State.
4.
The French State will acquire the property free and clear of all
debts and
charges. Nevertheless, the rights acquired, or in course of being
acquired, by
the employees of the mines and their accessories and subsidiaries
at the date of
the coming into force of the present Treaty, in connection with
pensions for old
age or disability, will not be affected. In return, Germany must
pay over to the
French State a sum representing the actuarial amounts to which
the said employees
are entitled.
5.
The value of the property thus ceded to the French State will
be determined by
the Reparation Commission referred to in Article 233 of Part VIII
(Reparation) of
the present Treaty.
This value shall be credited to Germany in part payment of the
amount due for
reparation. It will be for Germany to indemnify the proprietors
or parties
concerned, whoever they may be.
6.
No tariff shall be established on the German railways and canals
which may
directly or indirectly discriminate to the prejudice of the transport
of the
personnel or products of the mines and their accessories or subsidiaries,
or of
the material necessary to their exploitation. Such transport shall
enjoy all the
rights and privileges which any international railway conventions
may . guarantee
to similar products of French origin.
7. The equipment and personnel necessary to ensure the despatch
and transport of
the products of the mines and their accessories and subsidiaries,
as well as the
carriage of workmen and employees, will be provided by the local
railway
administration of the Basin.
8.
No obstacle shall be placed in the way of such improvements of
railways or
waterways as the French State may judge necessary to assure the
despatch and the
transport of the products of the mines and their accessories and
subsidiaries,
such as double trackage, enlargement of stations, and construction
of yards and
appurtenances. The distribution of expenses will, in the event
of disagreement,
be submitted to arbitration.
The French State may also establish any new means of communication,
such as
roads, electric lines, and telephone connections which it may
consider necessary
for the exploitation of the mines it may exploit freely and without
any
restrictions the means of communication of which it may become
the owner,
particularly those connecting the mines and their accessories
and subsidiaries
with the means of communication situated in French territory.
9.
The French State shall always be entitled to demand the application
of the German
mining laws and regulations in force on November 11, 1918, excepting
provisions
adopted exclusively in view of the state of war, with a view to
the acquisition
of such land as it may judge necessary for the exploitation of
the mines and
their accessories and subsidiaries.
The payment for damage caused to immovable property by the working
of the said
mines and their accessories and subsidiaries shall be made in
accordance with the
German mining laws and regulations above referred to.
10.
Every person whom the French State may substitute for itself as
regards the whole
or part of its rights to the exploitation of the mines and their
accessories and
subsidiaries shall enjoy the benefit of the privileges provided
in this Annex.
11.
The mines and other immovable property which become the property
of the French
State may never be made the subject of measures of forfeiture,
forced sale,
expropriation or requisition, nor of any other measure affecting
the right of
property.
The personnel and the plant connected with the exploitation of
these mines or
their accessories and subsidiaries, as well as the product extracted
from the
mines or manufactured in their accessories and subsidiaries, may
not at any time
be made the subject of any measures of requisition.
12.
The
exploitation of the mines and their accessories and subsidiaries,
which
become the property of the French State will continue, subject
to the provisions
of paragraph 23 below, to be subject to the regime established
by the German laws
and regulations in force on November 11, 1918, excepting provisions
adopted
exclusively in view of the state of war.
The rights of the workmen shall similarly be maintained, subject
to the
provisions of the said paragraph 23, as established on November
11, 1918, by the
German laws and regulations above referred to.
No impediment shall be placed in the way of the introduction or
employment in the
mines and their accessories and subsidiaries of workmen from without
the Basin.
The employees and workmen of French nationality shall have the
right to belong to
French labour unions.
13.
The amount contributed by the mines and their accessories and
subsidiaries,
either to the local budget of the territory of the Saar Basin
or to the communal
funds, shall be fixed with due regard to the ratio of the value
of the mines to
the total taxable wealth of the Basin.
14.
The French State shall always have the right of establishing and
maintaining, as
incidental to the mines, primary or technical schools for its
employees and their
children, and of causing instruction therein to be given in the
French language,
in accordance with such curriculum and by such teachers as it
may select.
It shall also have the right to establish and maintain hospitals,
dispensaries,
workmen's houses and gardens, and other charitable and social
institutions.
15.
The French State shall enjoy complete liberty with respect to
the distribution,
dispatch and sale prices of-the products of the mines and their
accessories and
subsidiaries.
Nevertheless, whatever may be the total product of the mines,
the French
Government undertakes that the requirements of local consumption
for industrial
and domestic purposes shall always be satisfied in the proportion
existing in
1913 between the amount consumed locally and the total output
of the Saar Basin.
CHAPTER II.
GOVERNMENT OF THE TERRITORY OF THE SAAR BASIN.
16.
The Government of the territory of the Saar Basin shall be entrusted
to a
Commission representing the League of Nations. This Commission
shall sit in the
territory of the Saar Basin.
17.
The Governing Commission provided for by paragraph 16 shall consist
of five
members chosen by the Council of the League of Nations, and will
include one
citizen of France, one native inhabitant of the Saar Basin, not
a citizen of
France, and three members belonging to three countries other than
France or
Germany.
The members of the Governing Commission shall be appointed for
one year and may
be re-appointed. They can be removed by the Council of the League
of Nations,
which will provide for their replacement.
The members of the Governing Commission will be entitled to a
salary which will
be fixed by the Council of the League of Nations, and charged
on the local
revenues.
18.
The Chairman of the Governing Commission shall be appointed for
one year from
among the members of the Commission by the Council of the League
of Nations and
may be re-appointed. The Chairman will act as the executive of
the Commission.
19.
Within the territory of the Saar Basin the Governing Commission
shall have
all-the powers of government hitherto belonging to the German
Empire, Prussia, or
Bavaria, including the appointment and dismissal of officials,
and the creation
of such administrative and representative bodies as it may deem
necessary.
It shall have full powers to administer and operate the railways,
canals, and the
different public services. Its decisions shall be taken by a majority.
20.
Germany will place at the disposal of the Governing Commission
all official
documents and archives under the control of Germany, of any German
State, or of
any local authority, which relate to the territory of the Saar
Basin or to the
rights of the inhabitants thereof.
21.
It will be the duty of the Governing Commission to ensure, by
such means and
under such conditions as it may deem suitable, the protection
abroad of the
interests of the inhabitants of the territory of the Saar Basin.
22.
The Governing Commission shall have the full right of user of
all property, other
than mines, belonging, either in public or in private domain,
to the Government
of the German Empire, or the Government of any German State, in
the territory of
the Saar Basin.
As regards the railways an equitable apportionment of rolling
stock shall be made
by a mixed Commission on which the Government of the territory
of the Saar Basin
and the German railways will be represented.
Persons, goods, vessels, carriages, wagons and mails coming from
or going to the
Saar Basin shall enjoy all the rights and privileges relating
to transit and
transport which are specified in the provisions of Part XII (Ports,
Waterways and
Railways) of the present Treaty.
23.
The laws and regulations in force on November 11, 1918, in the
territory of the
Saar Basin (except those enacted in consequence of the state of
war) shall
continue to apply.
If, for general reasons or to bring these laws and regulations
into accord with
the provisions of the present Treaty, it is necessary to introduce
modifications,
these shall be decided on, and put into effect by the Governing
Commission, after
consultation with the elected representatives of the inhabitants
in such a manner
as the Commission may determine.
No modification may be made in the legal regime for the exploitation
of the
mines, provided for in paragraph 12, without the French State
being previously
consulted, unless such modification results from a general regulation
respecting
labour adopted by the League of Nations.
In fixing the conditions and hours of labour for men, women and
children, the
Governing Commission is to take into consideration the wishes
expressed by the
local labour organisations, as well as the principles adopted
by the League of
Nations.
24.
Subject to the provisions of paragraph 4, no rights of the inhabitants
of the
Saar Basin acquired or in process of acquisition at the date of
coming into force
of this Treaty, in respect of any insurance system of Germany
or in respect of
any pension of any kind, are affected by any of the provisions
of the present
Treaty.
Germany and the Government of the territory of the Saar Basin
will preserve and
continue all of the aforesaid rights.
25.
The civil and criminal courts existing in the territory of the
Saar Basin shall
continue.
A civil and criminal court will be established by the Governing
Commission to
hear appeals from the decisions of the said courts
and to decide matters for which these courts are not competent.
The Governing Commission will be responsible for settling the
organisation and
jurisdiction of the said court.
Justice will be rendered in the name of the Governing Commission.
26.
The Governing Commission will alone have the power of levying
taxes and dues in
the territory of Saar Basin.
These taxes and dues will be exclusively applied to the needs
of the territory.
The fiscal system existing on November 11, 1918, will be maintained
as far as
possible, and no new tax except customs duties may be imposed
without previously
consulting the elected representatives of the inhabitants.
27.
The present stipulation will not affect the existing nationality
of the
inhabitants of the territory of the Saar Basin.
No hindrance shall be placed in the way of those who wish to acquire
a different
nationality, but in such case the acquisition of the new nationality
will involve
the loss of any other.
28.
Under the control of the Governing Commission the inhabitants
will retain their
local assemblies, their religious liberties, their schools and
their language.
The right of voting will not be exercised for any assemblies other
than the local
assemblies, and will belong to every inhabitant over the age of
twenty years,
without distinction of sex.
29.
Any of the inhabitants of the Saar Basin who may desire to leave
the territory
will have full liberty to retain in it their immovable property
or to sell it at
fair prices, and to remove their movable property free of any
charges.
30.
There will be no military service, whether compulsory or voluntary,
in the
territory of the Saar Basin, and the construction of fortifications
therein is
forbidden.
Only a local gendarmerie for the maintenance of order may be established.
It will be the duty of the Governing Commission to provide in
all cases for the
protection of persons and property in the Saar Basin.
31.
The territory of the Saar Basin as defined by Article 48 of the
present Treaty
shall be subjected to the French customs regime. The receipts
from the customs
duties on goods intended for local consumption shall be included
in the budget of
the said territory after deduction of all costs of collection.
No export tax shall be imposed upon metallurgical products or
coal exported from
the said territory to Germany, nor upon the German exports for
the use of the
industries of the territory of the Saar Basin.
Natural or manufactured products originating in the Basin in transit
over German
territory and, similarly, German products in
transit over the territory of the Basin shall be free of all customs
duties.
Products which both originate in and pass from the Basin into
Germany shall be
free of import duties for a period of five years from the date
of the coming into
force of the present Treaty, and during the same period articles
imported from
Germany into the territory of the Basin for local consumption,
shall likewise be
free of import duties.
During these five years the French Government reserves to itself
the right of
limiting to the annual average of the quantities imported into
Alsace-Lorraine
and France in the years 1911 to 1913 the quantities which may
be sent into France
of all articles coming from the Basin which include raw materials
and
semimanufactured goods imported duty free from Germany. Such average
shall be
determined after reference to all available official information
and statistics.
32.
No prohibition or restriction shall be imposed upon the circulation
of French
money in the territory of the Saar Basin.
The French State shall have the right to use French money in all
purchases,
payments, and contracts connected with the exploitation of the
mines or their
accessories and subsidiaries.
33.
The Governing Commission shall have power to decide all questions
arising from
the interpretation of the preceding provisions.
France and Germany agree that any dispute involving a difference
of opinion as to
the interpretation of the said provision shall in the same way
be submitted to
the Governing Commission and the decision of a majority of the
Commission shall
be binding on both countries.
CHAPTER III.
PLEBISCITE.
34.
At the termination of a period of fifteen years from the coming
into force of the
present Treaty, the population of the territory
of the Saar Basin will be called upon to indicate their desires
in the following
manner: A vote will take place by communes or districts, on the
three following
alternatives: (a) maintenance of the regime established by the
present Treaty
and by this Annex; (b) union with France; (c) union with Germany.
All persons without distinction of sex, more than twenty years
old at the date of
the voting, resident in the territory at the date of the signature
of the present
Treaty, will have the right to vote.
The other conditions, methods, and the date of the voting shall
be fixed by the
Council of the League of Nations in such a way as to secure the
freedom, secrecy
and trustworthiness of the voting
35.
The League of Nations shall decide on the sovereignty under which
the territory
is to be placed, taking into account the wishes of the inhabitants
as expressed
by the voting.
(a) If, for the whole or part of the territory, the League of
Nations decides in
favour of the maintenance of the regime established by the present
Treaty and
this Annex, Germany hereby agrees to make such renunciation of
her sovereignty in
favour of the League of Nations as the latter shall deem necessary.
It will be
the duty of the League of Nations to take appropriate steps to
adapt the regime
definitively adopted to the permanent welfare of the territory
and the general
interest;
(b) If, for the whole or part of the territory, the League of
Nations decides in
favour of union with France, Germany hereby agrees to cede to
France in
accordance with the decision of the League of Nations, all rights
and title over
the territory specified by the League.
(c) If, for the whole or part of the territory, the League of
Nations decides in
favour of union with Germany, it will be the duty of the League
of Nations to
cause the German Government to be re-established in the government
of the
territory specified by the League.
36.
If the League of Nations decides in favour of the union of the
whole or part of
the territory of the Saar Basin with Germany, France's rights
of ownership in the
mines situated in such part of
the
territory will be repurchased by Germany in their entirety at
a price payable in gold. The price to be paid will be fixed by
three experts, one
nominated by Germany, one by France, and one,
who shall be neither a Frenchman nor a German, by the Council
of the League of Nations; the decision of the experts will be
given by a
majority.
The obligation of Germany to make such payment shall be
taken into account by the Reparation Commission, and for the
purpose of this payment Germany may create a prior charge upon
her assets or
revenues upon such detailed terms as shall be agreed to by the
Reparation
Commission. If, nevertheless, Germany after a period of one year
from the date
on which the payment becomes due shall not have effected the said
payment, the
Reparation Commission shall do so in accordance with such instructions
as may be
given by the League of Nations, and, if necessary, by liquidating
that part of
the mines which is in question.
37.
If, in consequence of the repurchase provided for in paragraph
36, the ownership of the mines or any part of them is transferred
to Germany, the
French State and French nationals shall have
the right to purchase such amount of coal of the Saar Basin as
their industrial and domestic needs are found at that time to
require. An equitable arrangement regarding amounts of coal,
duration of contract, and prices will be fixed in due time by
the
Council of the League of Nations.
38.
It is understood that France and Germany may, by special
agreements concluded before the time fixed for the payment of
the price for the repurchase of the mines, modify the provisions
of paragraphs 36 and 37.
39.
The Council of the League of Nations shall make such provisions
as may be
necessary for the establishment of the regime
which is to take effect after the decisions of the League of Nations
mentioned in
paragraph 35 have become operative, including an equitable apportionment
of any
obligations of the Government of the territory of the Saar Basin
arising from
loans raised by the Commission or from other causes.
From the coming into force of the new regime, the powers of the
Governing
Commission will terminate, except in the case provided for in
paragraph 35 (a).
In
all matters dealt with in the present Annex, the decisions of
the Council of
the League of Nations will be taken by a majority.
SECTION V.
ALSACE-LORRAINE.
The HIGH CONTRACTING PARTIES, recognising the moral obligation
to redress the
wrong done by Germany in 1871 both to the rights of France and
to the wishes of
the population of Alsace and Lorraine, which were separated from
their country in
spite of the solemn protest of their representatives at the Assembly
of Bordeaux
Agree upon the following Articles:
ARTICLE 5l.
The territories which were ceded to Germany in accordance with
the Preliminaries
of Peace signed at Versailles on February 26, 187l, and the Treaty
of Frankfort
of May lo, 1871, are restored to French sovereignty as from the
date of the
Armistice of November 11, 1918.
The provisions of the Treaties establishing the delimitation of
the frontiers
before 1871 shall be restored.
ARTICLE 52.
The German Government shall hand over without delay to the French
Government all
archives, registers, plans, titles and documents of every kind
concerning the
civil, military, financial, judicial or other administrations
of the territories
restored to French sovereignty. If any of these documents, archives,
registers,
titles or plans nave been misplaced, they will be restored by
the German
Government on the demand of the French Government. ARTICLE 53.
Separate agreements shall be made between France and Germany dealing
with the
interests of the inhabitants of the territories referred to in
Article 51,
particularly as regards their civil rights, their business and
the exercise of
their professions, it being understood that Germany undertakes
as from the
present date to recognise and accept the regulations laid down
in the Annex
hereto regarding the nationality of the inhabitants or natives
of the said
territories, not to claim at any time or in any place whatsoever
as German
nationals those who shall have been declared on any ground to
be French, to
receive all others in her territory, and to conform, as regards
the property of
German nationals in the territories indicated in Article 51, with
the provisions
of Article 297 and the Annex to Section IV of Part X (Economic
Clauses) of the
present Treaty.
Those German nationals who without acquiring French nationality
shall receive
permission from the French Government to reside in the said territories
shall not
be subjected to the provisions of the said Article.
ARTICLE 54.
Those persons who have regained French nationality in virtue of
paragraph 1 of
the Annex hereto will be held to be Alsace-Lorrainers for the
purposes of the
present Section.
The persons referred to in paragraph 2 of the said Annex will
from the day on
which they have claimed French nationality be held to be Alsace-Lorrainers
with
retroactive effect as from November 11, 1918. For those whose
application is
rejected, the privilege will terminate at the date of the refusal.
Such juridical persons will also have the status of AlsaceLorrainers
as shall
have been recognised as possessing this quality whether by the
French
administrative authorities or by a judicial decision.
ARTICLE 55.
The territories referred to in Article 5l shall return to France
free and quit of
all public debts under the conditions laid down in Article 255
of Part IX
(Financial Clauses) of the present Treaty.
ARTICLE 56.
In conformity with the provisions of Article 256 of Part IX (Financial
Clauses)
of the present Treaty, France shall enter into
possession of all property and estate, within the territories
referred to in
Article 5l, which belong to the German Empire or German States,
without any
payment or credit on this account to any of the States ceding
the territories.
This provision applies to all movable or immovable property of
public or private
domain together with all rights whatsoever belonging to the German
Empire or
German States or to their administrative areas.
Crown property and the property of the former Emperor or other
German sovereigns
shall be assimilated to property of the public domain.
ARTICLE 57.
Germany shall not take any action, either by means of stamping
or by any other
legal or administrative measures not applying equally to the rest
of her
territory, which may be to the detriment of the legal value or
redeemability of
Germany monetary instruments or monies which, at the date of the
signature of the
present Treaty, are legally current, and at that date are in the
possession of
the French Government.
ARTICLE 58.
A special Convention will determine the conditions for repayment
in marks of the
exceptional war expenditure advanced during the course of the
war by
Alsace-Lorraine or by the public bodies in Alsace-Lorraine on
account of the
Empire in accordance with German law, such as payment to the families
of persons
mobilised, requisitions, billeting of troops, and assistance to
persons who have
been evacuated. In fixing the amount of these sums Germany shall
be credited
with that portion which Alsace-Lorraine would have contributed
to the Empire to
meet the expenses resulting from these payments, this contribution
being
calculated according to the proportion of the Imperial revenues
derived from
Alsace-Lorraine in l913.
ARTICLE 59.
The French Government will collect for its own account the Imperial
taxes, duties
and dues of every kind leviable in the territories referred to
in Article 5l and
not collected at the time of the Armistice of November 11, 19l8.
ARTICLE 60.
The German Government shall without delay restore to AlsaceLorrainers
(individuals, juridical persons and public institutions) all property,
rights and
interests belonging to them on November 11, 1918, in so far as
these are situated
in German territory.
ARTICLE 61.
The German Government undertakes to continue and complete without
delay the
execution of the financial clauses regarding Alsace-Lorraine contained
in the
Armistice Conventions.
ARTICLE 62.
The German Government undertakes to bear the expense of all civil
and military
pensions which had been earned in Alsace. Lorraine on date of
November 11, 1918,
and the maintenance of which was a charge on the budget of the
German Empire.
The German Government shall furnish each year the funds necessary
for the payment
in francs, at the average rate of exchange for that year, of the
sums in marks to
which persons resident in Alsace-Lorraine would have been entitled
if
Alsace-Lorraine had remained under German jurisdiction.
ARTICLE 63.
For the purposes of the obligation assumed by Germany in Part
VIII (Reparation)
of the present Treaty to give compensation for damages caused
to the civil
populations of the Allied and Associated countries in the form
of fines, the
inhabitants of the territories referred to in Article 51 shall
be assimilated to
the above-mentioned populations.
ARTICLE 64.
The regulations concerning the control of the Rhine and of the
Moselle are laid
down in Part XII (Ports, Waterways and Railways) of the present
Treaty.
ARTICLE 65.
Within a period of three weeks after the coming into force of
the present Treaty,
the port of Strasburg and the port of Kehl shall be constituted,
for a period of
seven years, a single unit from the point of view of exploitation.
The administration of this single unit will be carried on by a
manager named by
the Central Rhine Commission, which shall also have power to remove
him.
This manager shall be of French nationality.
He will reside in Strasburg and will be subject to the supervision
of the Central
Rhine Commission.
There will be established in the two ports free zones in conformity
with Part XII
(Ports, Waterways and Railways) of the present Treaty.
A special Convention between France and Germany which shall be
submitted to the
approval of the Central Rhine Commission, will fix the details
of this
organisation, particularly as regards finance.
It is understood that for the purpose of the present Article the
port of Kehl
includes the whole of the area necessary for the movement of the
port and the
trains which serve it, including the harbour, quays and railroads,
platforms,
cranes, sheds and warehouses, silos, elevators and hydro-electric
plants, which
make up the equipment of the port.
The German Government undertakes to carry out all measures which
shall be
required of it in order to assure that all the making-up and switching
of trains
arriving at or departing from Kehl, whether for the right bank
or the left bank
of the Rhine, shall be carried on in the best conditions possible.
All property rights shall be safeguarded. In particular the administration
of the
ports shall not prejudice any property rights of the French or
Baden railroads.
Equality of treatment as respects traffic shall be assured in
both ports to the
nationals, vessels and goods of every country.
In case at the end of the sixth year France shall consider that
the progress made
in the improvement of the port of Strasburg still requires a prolongation
of this
temporary regime, she may ask for such prolongation from the Central
Rhine
Commission, which may grant an extension for a period not exceeding
three years.
Throughout the whole period of any such extension the free zones
above provided
for shall be maintained.
Pending appointment of the first manager by the Central Rhine
Commission a
provisional manager who shall be of French nationality may be
appointed by the
Principal Allied and Associated Powers subject to the foregoing
provisions.
For all purposes of the present Article the Central Rhine Commission
will decide
by a majority of votes.
ARTICLE 66.
The railway and other bridges across the Rhine now existing within
the limits of
Alsace-Lorraine shall, as to all their parts and their whole length,
be the
property of the French State, which shall ensure their upkeep.
The French Government is substituted in all the, rights of the
German Empire over
all the railways which were administered by the Imperial railway
administration
and which are actually working or under construction.
The same shall apply to the rights of the Empire with regard to
railway and
tramway concessions within the territories referred to in Article
51.
This substitution shall not entail any payment on the part of
the French State.
The frontier railway stations shall be established by a subsequent
agreement, it
being stipulated in advance that on the Rhine frontier they shall
be situated on
the right bank.
ARTICLE 67.
The
French Government is substituted in all the rights of the German
Empire over all the railways which were administered by the Imperial
railway administration and which are actually working or under
construction.
The
same shall apply to the rights of the Empire with regard to railway
and tramway concessions within the territories referred to in
Article 51.
This
substitution shall not entail any payment on the part of the French
State.
The
frontier railway stations shall be established by a subsequent
agreement, it being stipulated in advance that on the Rhine frontier
they shall be situated on the right bank.
ARTICLE
68.
In accordance with the provisions of Article 268 of Chapter I
of Section I of
Part X (Economic Clauses) of the present Treaty, for a period
of five years from
the coming into force of the present Treaty, natural or manufactured
products
originating in and coming from the territories referred to in
Article 51 shall,
on importation into German customs territory, be exempt from all
customs duty.
The French Government may fix each year, by decree communicated
to the German
Government, the nature and amount of the products which shall
enjoy this
exemption.
The amount of each product which may be thus sent annually into
Germany shall not
exceed the average of the amounts sent annually in the years 1911-1913.
Further, during the period of five years above mentioned, the
German Government
shall allow the free export from Germany and the free reimportation
into Germany,
exempt from all customs, duties and other charges (including internal
charges),
of yarns, tissues, and other textile materials or textile products
of any kind
and in any condition, sent from Germany into the territories referred
to in
Article 51, to be subjected there to any finishing process, such
as bleaching,
dyeing, printing, mercerization, gassing, twisting or dressing.
During a period of ten years from the coming into force of the
present Treaty,
central electric supply works situated in German territory and
formerly
furnishing electric power to the territories referred to in Article
51 or to any
establishment the working of which passes permanently or temporarily
from Germany
to France, shall be required to continue such supply up to the
amount of
consumption corresponding to the undertakings and contracts current
on November
11, 1918.
Such supply shall be furnished according to the contracts in force
and at a rate
which shall not be higher than that paid to the said works by
German nationals.
ARTICLE 69.
During
a period of ten years from the coming into force of the present
Treaty, central electric supply works situated in German territory
and formerly furnishing electric power to the territories referred
to in Article 51 or to any establishment the working of which
passes permanently or temporarily from Germany to France, shall
be required to continue such supply up to the amount of consumption
corresponding to the undertakings and contracts current on November
11, 1918.
Such
supply shall be furnished according to the contracts in force
and at a rate which shall not be higher than that paid to the
said works by German nationals.
ARTICLE
70.
It is understood that the French Government preserves its right
to prohibit in
the future in the territories referred to in Article 51 all new
German
participation:
(1) In the management or exploitation of the public domain and
of public
services, such as railways, navigable waterways, water works,
gas works, electric
power, etc. ;
(2) In the ownership of mines and quarries of every kind and in
enterprises
connected therewith;
(3) In metallurgical establishments, even though their working
may not be
connected with that of any mine.
ARTICLE 71.
As regards the territories referred to in Article 51, Germany
renounces on behalf
of herself and her nationals as from November 11, 1918, all rights
under the law
of May 25, 1910, regarding the trade in potash salts, and generally
under any
stipulations for the intervention of German organisations in the
working of the
potash mines. Similarly, she renounces on behalf of herself and
her- nationals
all rights under any agreements, stipulations or laws which may
exist to her
benefit with regard to other products of the aforesaid territories.
ARTICLE 72.
The settlement of the questions relating to debts contracted before
November 11,
1918, between the German Empire and the German States or their
nationals residing
in Germany on the one part and Alsace-Lorrainers residing in Alsace-Lorraine
on
the other part shall be effected in accordance with the provisions
of Section III
of Part X (Economic Clauses) of the present Treaty, the expression
"before the
war" therein being replaced by the expression "before
November 11, 1918,. The
rate of exchange applicable in the case of such settlement shall
be the average
rate quoted on the Geneva Exchange during the month preceding
November 11, 1918.
There may be established in the territories referred to in Article
51, for the
settlement of the aforesaid debts under the conditions laid down
in Section III
of Part X (Economic Clauses) of the present Treaty, a special
clearing office, it
being understood that this office shall be regarded as a "central
office" under
the provisions of paragraph 1 of the Annex to the said Section.
ARTICLE 73.
The private property, rights and interests of Alsace-Lorrainers
in Germany will
be regulated by the stipulations of Section IV of Part X (Economic
Clauses) of
the present Treaty.
ARTICLE 74.
The French Government reserves the right to retain and liquidate
all the
property, rights and interests which German nationals or societies
controlled by
Germany possessed in the territories referred to in Article 51
on November 11,
1918, subject to the conditions laid down in the last paragraph
of Article 53
above. Germany will directly compensate her nationals who may
have been
dispossessed by the aforesaid liquidations. The product of these
liquidations
shall be applied in accordance with the stipulations of Sections
III and IV of
Part X (Economic Clauses) of the present Treaty.
ARTICLE 75.
Notwithstanding the stipulations of Section V of Part X (Economic
Clauses) of the
present Treaty, all contracts made before the date of the promulgation
in
Alsace-Lorraine of the French decree of November 30, 1918, between
Alsace-Lorrainers (whether individuals or juridical persons) or
others resident
in Alsace-Lorraine on the one part and the German Empire or German
States and
their nationals resident in Germany on the other part, the execution
of which has
been suspended by the Armistice or by subsequent French legislation,
shall be
maintained.
Nevertheless, any contract of which the French Government shall
notify the
cancellation to Germany in the general interest within a period
of six months
from the date of the coming into force of the present Treaty,
shall be annulled
except in respect of any debt or other pecuniary obligation arising
out of any
act done or money paid thereunder before November 11, 1918. If
this dissolution
would cause one of the parties substantial prejudice, equitable
compensation,
calculated solely on the capital employed without taking account
of loss of
profits, shall be accorded to the prejudiced party.
With regard to prescriptions, limitations and forfeitures in Alsace-Lorraine,
the
provisions of Articles 300 and 301 of Section V of Part X (Economic
Clauses)
shall be applied with the substitution for the expression "outbreak
of war" of
the expression "November 11, 1918", and for the expression
"duration of the war"
of the expression "period from November 11, 1918, to the
date of the coming into
force of the present Treaty".
ARTICLE 76.
Questions concerning rights in industrial, literary or artistic
property of
Alsace-Lorrainers shall be regulated in accordance with the general
stipulations
of Section VII of Part X (Economic Clauses) of the present Treaty,
it being
understood that AlsaceLorrainers holding rights of this nature
under German
legislation will preserve full and entire enjoyment of those rights
on German
territory.
ARTICLE 77
The German Government undertakes to pay over to the French Government
such
proportion of all reserves accumulated by the Empire or by public
or private
bodies dependent upon it, for the purposes of disability and old
age insurance,
as would fall to the disability and old age insurance fund at
Strasburg.
The same shall apply in respect of the capital and reserves accumulated
in
Germany falling legitimately to other social insurance funds,
to miners,
superannuation funds, to the fund of the railways of Alsace-Lorraine,
to other
superannuation organisations established for the benefit of the
personnel of
public administrations and institutions operating in Alsace-Lorraine
and also in
respect of the capital and reserves due by the insurance fund
of private
employees at Berlin, by reason of engagements entered into for
the benefit of
insured persons of that category resident in Alsace-Lorraine.
A special
Convention shall determine the conditions and procedure of these
transfers.
ARTICLE 78.
With regard to the execution of judgments, appeals and prosecutions,
the
following rules shall be applied:
(1) All civil and commercial judgments which shall have been given
since August
3, 1914, by the Courts of Alsace-Lorraine between Alsace-Lorrainers,
or between
Alsace-Lorrainers and foreigners, or between foreigners, and which
shall not have
been appealed from before November 11, 1918, shall be regarded
as final and
susceptible of immediate execution without further formality.
When the judgment has been given between Alsace-Lorrainers and
Germans or between
Alsace-Lorrainers and subjects of the allies of Germany, it shall
only be capable
of execution after the issue of an exequatur by the corresponding
new tribunal in
the restored territory referred to in Article 51.
(2) All judgments given by German Courts since August 3, 1914,
against
Alsace-Lorrainers for political crimes or misdemeanors shall be
regarded as null
and void.
(3) All sentences passed since November 11, 1918, by the Court
of the Empire at
Leipzig on appeals against the decisions of the Courts of Alsace-Lorraine
shall
be regarded as null and void and shall be so pronounced. The papers
in regard to
the cases in which such sentences have been given shall be returned
to the Courts
of Alsace-Lorraine concerned.
All appeals to the Court of the Empire against decisions of the
Courts of
Alsace-Lorraine shall be suspended. The papers shall be returned
under the
aforesaid conditions for transfer without delay to the French
Cour de Cassation,
which shall be competent to decide them.
(4) All prosecutions in Alsace-Lorraine for offences committed
during the period
between November 11, 1918, and the coming into force of the present
Treaty will
be conducted under German law except in so far as this has been
modified by
decrees duly published on the spot by the French authorities.
(5) All other questions as to competence, procedure or administration
of justice
shall be determined by a special Convention between France and
Germany.
ARTICLE 79.
The stipulations as to nationality contained in the Annex hereto
shall be
considered as of equal force with the provisions of the present
Section.
All other questions concerning Alsace-Lorraine which are not regulated
by the
present Section and the Annex thereto or by the general provisions
of the present
Treaty will form the subject of further conventions between France
and Germany.
ANNEX.
1..
As from November 11, 1918, the following persons are ipso facto
reinstated in
French nationality:
(1) Persons who lost French nationality by the application of
the Franco-German
Treaty of May 10, 1871, and who have not since that date acquired
any nationality
other than German;
(2) The legitimate or natural descendants of the persons referred
to in the
immediately preceding paragraph, with the exception of those whose
ascendants in
the paternal line include a German who migrated into Alsace-Lorraine
after July
15, 1870;
(3) All persons born in Alsace-Lorraine of unknown parents, L
or whose
nationality is unknown.
2.
Within the period of one year from the coming into force of the
present Treaty,
persons included in any of the following categories may claim
French nationality:
(1) All persons not restored to French nationality under paragraph
1 above, whose
ascendants include a Frenchman or Frenchwoman who lost French
nationality under
the conditions referred to in the said paragraph;
(2) All foreigners, not nationals of a German State, who acquired
the status of a
citizen of Alsace-Lorraine before August 3, 1914;
(3) All Germans domiciled in Alsace-Lorraine, if they have been
so domiciled
since a date previous to July 15, 1870, or if one of their ascendants
was at that
date domiciled in Alsace-Lorraine;
(4) All Germans born or domiciled in Alsace-Lorraine who have
served in the
Allied or Associated armies during the present war, and their
descendants;
(5) All persons born in Alsace-Lorraine before May 10, 1871, of
foreign parents,
and the descendants of such persons;
(6) The husband or wife of any person whose French nationality
may have been
restored under paragraph 1, or who may have claimed and obtained
French
nationality in accordance with the
preceding provisions.
The legal representative of a minor may exercise, on behalf of
that minor, the
right to claim French nationality; and if that right has not been
exercised, the
minor may claim French nationality within the year following his
majority.
Except in the cases provided for in No.(6) of the present paragraph,
the French
authorities reserve to themselves the right, in individual cases,
to reject the
claim to French nationality.
3.
Subject to the provisions of paragraph 2, Germans born or domiciled
in
Alsace-Lorraine shall not acquire French nationality by reason
of the restoration
of Alsace-Lorraine to France, even though they may have the status
of citizens of
Alsace-Lorraine.
They may acquire French nationality only by naturalisation, on
condition of
having been domiciled in Alsace-Lorraine from a date previous
to August 3, 1914,
and of submitting proof of unbroken residence within the restored
territory for a
period of three years from November 11, 1918.
France will be solely responsible for their diplomatic and consular
protection
from the date of their application for French naturalisation.
The French Government shall determine the procedure by which reinstatement
in
French nationality as of right shall be effected, and the conditions
under which
decisions shall be given upon claims to such nationality and applications
for
naturalisation, as provided by the present Annex.
SECTION VI.
AUSTRIA.
ARTICLE 80.
Germany acknowledges and will respect strictly the independence
of Austria,
within the frontiers which may be fixed in a Treaty between that
State and the
Principal Allied and Associated Powers; she agrees that this independence
shall
be inalienable, except with the consent of the Council of the
League of Nations.
SECTION VII.
CZECH0-SLOVAK STATE.
ARTICLE 81.
Germany, in conformity with the action already taken by the Allied
and Associated
Powers, recognises the complete independence of the Czecho-Slovak
State which
will include the autonomous territory of the Ruthenians to the
south of the
Carpathians. Germany hereby recognises the frontiers of this State
as determined
by the Principal Allied and Associated Powers and the other interested
States.
ARTICLE 82.
The old frontier as it existed on August 3, 1914, between Austria-Hungary
and the
German Empire will constitute the frontier between Germany and
the Czecho-Slovak
State.
ARTICLE 83.
Germany renounces in favour of the Czecho-Slovak State all rights
and title over
the portion of Silesian territory defined as follows: starting
from a point about
2 kilometres south-east of Katscher, on the boundary between the
Kreise of
Leobschutz and Ratibor: the boundary between the two Kreise; then,
the former
boundary between Germany and Austria-Hungary up to a point on
the Oder
immediately to the south of the Ratibor-Oderberg railway; thence,
towards the
north-west and up to a point about 2 kilometres to the south-east
of Katscher: a
line to be fixed on the spot passing to the west of Kranowitz.
A Commission
composed of seven members, five nominated by the Principal Allied
and Associated
Powers, one by Poland and one by the Czecho-Slovak State, will
be appointed
fifteen days after the coming into force of the present Treaty
to trace on the
spot the frontier line between Poland and the Czecho-Slovak State.
The decisions
of this Commission will be taken by a majority and shall be binding
on the
parties concerned. Germany hereby agrees to renounce in favour
of the
Czecho-Slovak State all rights and title over the part of the
Kreis of Leobschutz
comprised within the following boundaries in case after the determination
of the
frontier between Germany and Poland the said part of that Kreis
should become
isolated from Germany: from the south-eastern extremity of the
salient of the
former Austrian frontier at about 5 kilometres to the west of
Leobschutz
southwards and up to the point of junction with the boundary between
the Kreise
of Leobschutz and Ratibor: the former frontier between Germany
and
Austria-Hungary; then, northwards, the administrative boundary
between the Kreise
of Leobschutz and Ratibor up to a point situated about 2 kilometres
to the
south-east of Katscher; thence, north-westwards and up to the
starting-point of
this definition: a line to be fixed on the spot passing to the
east of Katscher,
ARTICLE 84.
German nationals habitually resident in any of the territories
recognised as
forming part of the Czecho-Slovak State will obtain Czecho-Slovak
nationality
ipso facto and lose their German nationality.
ARTICLE 85.
Within a period of two years from the coming into force of the
present Treaty,
German nationals over eighteen years of age habitually resident
in any of the
territories recognized as forming part of the Czecho-Slovak State
will be
entitled to opt for German. nationality. Czecho-Slovaks who are
German nationals
and are habitually resident in Germany will have a similar right
to opt for
Czecho-Slovak nationality.
Option by a husband will cover his wife and option by parents
will cover their
children under eighteen years of age.
Persons who have exercised the above right to opt must within
the succeeding
twelve months transfer their place of residence to the State for
which they have
opted.
They will be entitled to retain their landed property in the territory
of the
other State where they had their place of residence before exercising
the right
to opt. They may carry with them their movable property of every
description. No
export or import duties may be imposed upon them in connection
with the removal
of such property.
Within the same period Czecho-Slovaks, who are German nationals
and are in a
foreign country will be entitled, in the absence of any provisions
to the
contrary in the foreign law, and if they have not acquired the
foreign
nationality, to obtain Czecho-Slovak nationality and lose their
German
nationality by complying with the requirements laid down by the
Czecho-Slovak
State.
ARTICLE 86.
The Czecho-Slovak State 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
that State who
differ from the majority of the population in race, language,
or religion.
The Czecho-Slovak State 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.
The proportion and nature of the financial obligations of Germany
and Prussia
which the Czecho-Slovak State will have to assume on account of
the Silesian
territory placed under its sovereignty will be determined in accordance
with
Article 254 of Part IX (Financial Clauses) of the present Treaty.
Subsequent agreements will decide all questions not decided by
the present Treaty
which may arise in consequence of the cession of the said territory.
SECTION VIII.
POLAND.
ARTICLE 87.
Germany, in conformity with the action already taken by the Allied
and Associated
Powers, recognises the complete independence of Poland, and renounces
in her
favour all rights and title over the territory bounded by the
Baltic Sea, the
eastern frontier of Germany as laid down in Article 27 of Part
II (Boundaries of
Germany) of the present Treaty up to a point situated about 2
kilometres to the
east of Lorzendorf, then a line to the acute angle which the northern
boundary of
Upper Silesia makes about 3 kilometres north-west of Simmenau,
then the boundary
of Upper Silesia to its meeting point with the old frontier between
Germany and
Russia, then this frontier to the point where it crosses the course
of the
Niemen, and then the northern frontier of East Prussia as laid
down in Article 28
of Part II aforesaid.
The provisions of this Article do not, however, apply to the territories
of East
Prussia and the Free City of Danzig, as defined in Article 28
of Part II
(Boundaries of Germany) and in Article 10o of Section XI (Danzig)
of this Part.
The boundaries of Poland not laid down in the present Treaty will
be subsequently
determined by the Principal Allied and Associated Powers.
A Commission consisting of seven members, five of whom shall be
nominated by the
Principal Allied and Associated Powers, one by Germany and one
by Poland, shall
be constituted fifteen days after the coming into force of the
present Treaty to
delimit on the spot the frontier line between Poland and Germany.
The decisions
of the Commission will be taken by a majority of votes and shall
be binding upon
the parties concerned.
ARTICLE 88.
In the portion of Upper Silesia included within the boundaries
described below,
the inhabitants will be called upon to indicate by a vote whether
they wish to be
attached to Germany or to Poland: starting from the northern point
of the salient
of the old province of Austrian Silesia situated about 8 kilometres
east of
Neustadt, the former frontier between Germany and Austria to its
junction with
the boundary between the Kreise of Leobschutz and Ratibor; thence
in a northerly
direction to a point about 2 kilometres south-east of Katscher:
the boundary
between the Kreise of Leobschutz and Ratibor; thence in a south-easterly
direction to a point on the course of the Oder immediately south
of the
Ratibor-Oderberg railway: a line to be fixed on the ground passing
south of
Kranowitz; thence the old boundary between Germany and Austria,
then the old
boundary between Germany and Russia to its junction with the administrative
boundary between Posnania and Upper Silesia; thence this administrative
boundary
to its junction with the administrative boundary between Upper
and Middle
Silesia, thence westwards to the point where the administrative
boundary turns
in an acute angle to the south-east about 3 kilometres north-west
of Simmenau:
the boundary between Upper and Middle Silesia; then in a westerly
direction to a
point to be fixed on the ground about 2 kilometres east of Lorzendorf:
a line to
be fixed on the ground passing north of Klein Hennersdorf: thence
southwards to
the point where the boundary between Upper and Middle Silesia
cuts the
Stadtel-Karlsruhe road: a line to be fixed on the ground passing
west of
Hennersdorf, Polkowitz, Noldau, Steinersdorf, and Dammer, and
east of Strehlitz,
Nassadel, Eckersdorf, Schwirz, and Stadtel; thence the boundary
between Upper and
Middle Silesia to its junction with the eastern boundary of the
Kreis of
Falkenberg; then the eastern boundary of the Kreis of Falkenberg
to the point of
the salient which is 3 kilometres east of Puschine; thence to
the northern point
of the salient of the old province of Austrian Silesia situated
about 8
kilometres east of Neustadt: a line to be fixed on the ground
passing east of
Zulz.
The regime under which this plebiscite will be taken and given
effect to is laid
down in the Annex hereto.
The Polish and German Governments hereby respectively bind themselves
to conduct
no prosecutions on any part of their territory and to take no
exceptional
proceedings for any political action performed in Upper Silesia
during the period
of the regime laid down in the Annex hereto and up to the settlement
of the final
status of the country.
Germany hereby renounces in favour of Poland all rights and title
over the
portion of Upper Silesia Iying beyond the frontier line fixed
by the Principal
Allied and Associated Powers as the result of the plebiscite.
ANNEX.
1.
Within
fifteen days from the coming into force of the present Treaty
the German
troops and such officials as may be designated by the Commission
set up under the
provisions of paragraph 2 shall evacuate the plebiscite area.
Up to the moment of
the completion of the evacuation they shall refrain from any form
of
requisitioning in money or in kind and from all acts likely to
prejudice the
material interests of the country.
Within the same period the Workmen's and Soldiers' Councils which
have been
constituted in this area shall be dissolved. Members of such Councils
who are
natives of another region and are exercising their functions at
the date of the
coming into force of the present Treaty, or who have gone out
of office since
March 1, 1919, shall be evacuated.
All military and semi-military unions formed in the said area
by inhabitants of
the district shall be immediately disbanded All members of such
military
organisations who are not domiciled in the said area shall be
required to leave
it.
2.
The
plebiscite area shall be immediately placed under the authority
of an
International Commission of four members to be designated by the
following
Powers: the United States of America, France, the British Empire,
and Italy. It
shall be occupied by troops belonging to the Allied and Associated
Powers, and
the German Government undertakes to give facilities for the transference
of these
troops to Upper Silesia.
3.
The Commission shall enjoy all the powers exercised by the German
or the Prussian
Government, except those of legislation or taxation. It shall
also be substituted
for the Government of the province and the Regierungsbezirk.
It shall be within the competence of the Commission to interpret
the powers
hereby conferred upon it and to determine to what extent it shall
exercise them,
and to what extent they shall be left in the hands of the existing
authorities.
Changes in the existing laws and the existing taxation shall only
be brought into
force with the consent of the Commission.
The Commission will maintain order with the help of the troops
which will be at
its disposal, and, to the extent which it may deem necessary,
by means of
gendarmerie recruited among the inhabitants of the country.
The Commission shall provide immediately for the replacement of
the evacuated
German officials and, if occasion arises, shall itself order the
evacuation of
such authorities and proceed to the replacement of such local
authorities as may
be required.
It shall take all steps which it thinks proper to ensure the freedom,
fairness,
and secrecy of the vote. In particular, it shall have the right
to order the
expulsion of any person who may in any way have attempted to distort
the result
of the plebiscite by methods of corruption or intimidation.
The Commission shall have full power to settle all questions arising
from the
execution of the present clauses. It shall be assisted by technical
advisers
chosen by it from among the local population.
The decisions of the Commission shall be taken by a majority vote.
4.
The vote shall take place at such date as may be determined by
the Principal
Allied and Associated Powers, but not sooner than six months or
later than
eighteen months after the establishment of the Commission in the
area.
The right to vote shall be given to all persons without distinction
of sex who:
(a) Have completed their twentieth year on the 1st January of
the year in which
the plebiscite takes place-
(b) Were born in the plebiscite area or have been domiciled there
since a date to
be determined by the Commission, which shall not be subsequent
to January 1,
1919, or who have been expelled by the German authorities and
have not retained
their domicile there.
Persons convicted of political offences shall be enabled to exercise
their right
of voting.
Every person will vote in the commune where he is domiciled or
in which he was
born, if he has not retained his domicile in the area.
The result of the vote will be determined by communes according
to the majority
of votes in each commune.
5.
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 frontier of Germany in Upper
Silesia. 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.
6.
As soon as the frontier has been fixed by the Principal Allied
and Associated
Powers, the German authorities will be notified by the International
Commission
that they are free to take over the administration of the territory
which it is
recognised should be German, the said authorities must proceed
to do so within
one month of such notification and in the manner prescribed by
the Commission.
Within the same period and in the manner prescribed by the commission,
the Polish
Government must proceed to take over the administration of the
territory which it
is recognized should be Polish.
When the administration of the territory has been provided for
by the German and
Polish authorities respectively, the powers of the Commission
will terminate.
The cost of the army of occupation and expenditure by the Commission,
whether in
discharge of its own functions or in the administration of the
territory, will be
a charge on the area.
ARTICLE 89.
Poland undertakes to accord freedom of transit to persons, goods,
vessels,
carriages, wagons, and mails in transit between East Prussia and
the rest of
Germany over Polish territory, including territorial waters, and
to treat them at
least as favourably as the persons, goods, vessels, carriages,
wagons and mails
respectively of Polish or of any other more favoured nationality,
origin
importation, starting point, or ownerships as regards facilities,
restrictions
and all other matters.
Goods in transit shall be exempt from all customs or other similar
duties.
Freedom of transit will extend to telegraphic and telephonic services
under the
conditions laid down by the conventions referred to in Article
98.
ARTICLE 90.
Poland undertakes to permit for a period of fifteen years the
exportation to
Germany of the products of the mines in any part of Upper Silesia
transferred to
Poland in accordance with the present Treaty.
Such products shall be free from all export duties or other charges
or
restrictions on exportation.
Poland agrees to take such steps as may be necessary to secure
that any such
products shall be available for sale to purchasers in Germany
on terms as
favourable as are applicable to like products sold under similar
conditions to
purchasers in Poland or in any other country.
ARTICLE 91.
German nationals habitually resident in territories recognised
as forming part of
Poland will acquire Polish nationality ipso facto and will lose
their German
nationality. German nationals, however, or their descendants who
became resident
in these territories after January 1, 1908, will not acquire Polish
nationality
without a special authorisation from the Polish State.
Within a period of two years after the coming into force of the
present Treaty,
German nationals over 18 years of age habitually resident in any
of the
territories recognised as forming part of Poland will be entitled
to opt for
German nationality.
Poles who are German nationals over 18 years of age and habitually
resident in
Germany will have a similar right to opt for Polish nationality.
Option by a husband will cover his wife and option by parents
will cover their
children under 18 years of age.
Persons who have exercised the above right to opt may within the
succeeding
twelve months transfer their place of residence to the State for
which they have
opted.
They will be entitled to retain their immovable property in the
territory of the
other State where they had their place of residence before exercising
the right
to opt.
They may carry with them their movable property of every description.
No export
or import duties or charges may be imposed upon them in connection
with the
removal of such property.
Within the same period Poles who are German nationals and are
in a foreign
country will be entitled, in the absence of any provisions to
the contrary in the
foreign law, and if they have not acquired the foreign nationality,
to obtain
Polish nationality and to lose their German nationality by complying
with the
requirements laid down by the Polish State.
In the portion of Upper Silesia submitted to a plebiscite the
provisions of this
Article shall only come into force as from the definitive attribution
of the
territory.
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 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.
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 liquidation 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.
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.
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.
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 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.
If the line fixed by the Principal Allied and Associated Powers
is such as to
exclude from East Prussia any part of the territory defined in
Article 94, the
renunciation of its rights by Germany in favour of Poland, as
provided in Article
87 above, will extend to the territories so excluded.
As soon as the line has been fixed by the Principal Allied and
Associated Powers,
the authorities administering East Prussia will be notified by
the International
Commission that they are free to take over the administration
of the territory to
the north of the line so fixed, which they shall proceed to do
within one month
of such notification and in the manner prescribed by the Commission.
Within the
same period and as prescribed by the Commission, the Polish Government
must
proceed to take over the administration of the territory to the
south of the
line. The administration of the territory by the East Prussian
and Polish
authorities respectively has been provided for, the powers of
the Commission will
terminate.
Expenditure by the Commission, whether in the discharge of its
own functions or
in the administration of the territory, will be borne by the local
revenues East
Prussia will be required to bear such proportion of any deficit
as may be fixed
by the Principal Allied and Associated Powers.
ARTICLE
96.
In the area comprising the Kreise of Stuhm and Rosenberg and the
portion of the
Kreis of Marienburg which is situated east of the Nogat and that
of Marienwerder
east of the Vistula, the inhabitants will be called upon to indicate
by a vote,
to be taken in each commune (Gemeinde), whether they desire the
various communes
situated in this territory to belong to Poland or to East Prussia.
ARTICLE 97.
The German troops and authorities will be withdrawn from the area
defined in
Article 96 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, supported
if
occasion arises by the necessary forces, 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 conform as
far as possible to
the provisions of the present Treaty relating to the plebiscite
in the Allenstein
area; its decisions will be taken by a majority.
Expenditure by the Commission, whether in the discharge of its
own functions or
in the administration of the territory, will be borne by the local
revenues.
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, leaving in any case to Poland
for the whole of
the section bordering on the Vistula full and complete control
of the river
including the east bank as far east of the river as may be necessary
for its
regulation and improvement, Germany agrees that in any portion
of the said
territory which remains German, no fortifications shall at any
time be erected.
The Principal Allied and Associated Powers will at the same time
draw up
regulations for assuring to the population of East Prussia to
the fullest extent
and under equitable conditions access to the Vistula and the use
of it for
themselves, their commerce, and their boats.
The determination of the frontier and the foregoing regulations
shall be binding
upon all the parties concerned.
When the administration of the territory has been taken over by
the East Prussian
and Polish authorities respectively, the powers of the Commission
will terminate.
ARTICLE 98.
Germany and Poland undertake, within one year of the coming into
force of this
Treaty, to enter into conventions of which the terms, in case
of difference,
shall be settled by the Council of the League of Nations, with
the object of
securing, on the one hand, to Germany full and adequate railroad,
telegraphic and
telephonic facilities for communication between the rest of Germany
and East
Prussia over the intervening Polish territory, and on the other
hand to Poland
full and adequate railroad, telegraphic and telephonic facilities
for
communication between Poland and the Free City of Danzig over
any German
territory that may, on the right bank of the Vistula, intervene
between Poland
and the Free City of Danzig.
SECTION X.
MEMEL.
ARTICLE 99.
Germany renounces in favour of the Principal Allied and Associated
Powers all
rights and title over the territories included between the Baltic,
the
north-eastern frontier of East Prussia as defined in Article 28
of Part II
(Boundaries of Germany) of the present Treaty and the former frontier
between
Germany and Russia. Germany undertakes to accept the settlement
made by the
Principal Allied and Associated Powers in regard to these territories,
particularly in so far as concerns the nationality of the inhabitants.
SECTION XI.
FREE CITY OF DANZIG.
ARTICLE 100.
Germany renounces in favour of the Principal Allied and Associated
Powers all
rights and title over the territory comprised within the following
limits:
from the Baltic Sea southwards to the point where the principal
channels of
navigation of the Nogat and the Vistula (Weichsel) meet:
the boundary of East Prussia as described in Article 28 of Part
II (Boundaries of
Germany) of the present Treaty;
thence the principal channel of navigation of the Vistula downstream
to a point
about 6-1/2 kilometres north of the bridge of Dirschau;
thence north-west to point 5-1/2 kilometres south-east of the
church of Guttland:
a line to be fixed on the ground,
thence in a general westerly direction to the salient made by
the boundary of the
Kreis of Berent 8-1/2 kilometres north-east of Schoneck:
a line to be fixed on the ground passing between Muhlbanz on the
south and
Rambeltsch on the north;
thence the boundary of the Kreis of Berent westwards to the re-entrant
which it
forms 6 kilometres north-north-west Schoneck; thence to a point
on the median
line of Lonkener See:
a line to be fixed on the ground passing north of Neu Fietz and
Schatarpi and
south of Barenhutte and Lonken;
thence the median line of Lonkener See to its northernmost point;
thence to the southern end of Pollenziner See:
a line to be fixed on the ground;
thence the median line of Pollenziner See to its northernmost
point;
thence in a north-easterly direction to a point about 1 kilometre
south of
Koliebken church, where the Danzig-Neustadt railway crosses a
stream:
a line to be fixed on the ground passing south-east of Kamehlen,
Krissau, Fidlin,
Sulmin (Richthof), Mattern, Schaferei, and to the north-west of
Neuendorf,
Marschau, Czapielken, Hoch- and Klein-Kelpin, Pulvermuhl, Renneberg,
and the
towns of Oliva and Zoppot;
thence the course of the stream mentioned above to the Baltic
Sea. The boundaries
described above are drawn on a German map, scale 1/100,000, attached
to the
present Treaty (Map No. 3).
ARTICLE 101.
A Commission composed of three members appointed by the Principal
Allied and
Associated Powers, including a High Commissioner as President,
one member
appointed by Germany and one member appointed by Poland, shall
be constituted
within fifteen days of the coming into force of the present Treaty
for the
purpose of delimiting on the spot the frontier of the territory
as described
above, taking into account as far as possible the existing communal
boundaries.
ARTICLE 102.
The Principal Allied and Associated Powers undertake to establish
the town of
Danzig, together with the rest of the territory described in Article
100, as a
Free City. It will be placed under the protection of the League
of Nations.
ARTICLE
103.
A constitution for the Free City of Danzig shall be drawn up by
the duly
appointed representatives of the Free City in agreement with a
High Commissioner
to be appointed by the League of Nations. This constitution shall
be placed under
the guarantee of the League of Nations.
The High Commissioner will also be entrusted with the duty of
dealing in the
first instance with all differences arising between Poland and
the Free City of
Danzig in regard to this Treaty or any arrangements or agreements
made
thereunder.
The High Commissioner shall reside at Danzig.
ARTICLE 104.
The Principal Allied and Associated Powers undertake to negotiate
a Treaty
between the Polish Government and the Free City of Danzig, which
shall come into
force at the same time as the establishment of the said Free City,
with the
following objects:
(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;
(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;
(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,
(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;
(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.
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 upon them in this connection.
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.
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.
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):
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 northwest of: Langballigholz,
Langballig,
Bonstrup, Rullschau, Weseby, Kleinwolstrup, Gross-Solt,
thence westwards passing south of Frorup and north of Wanderup,
thence in a south-westerly direction passing south-east of Oxlund,
Stieglund and
Ostenau and north-west of the villages on the Wanderup-Kollund
road,
thence in a north-westerly direction passing south-west of Lowenstedt,
Joldelund,
Goldelund, and north-east of Kolkerheide and Hogel to the bend
of the Soholmer
Au, about 1 kilometre east of Soholm, where it meets the southern
boundary of the
Kreis of Tondern, following this boundary to the North Sea,passing
south of the
islands of Fohr and Amrum and north of the islands of Oland and
Langeness, shall
be called upon to pronounce by a vote which will be taken under
the following
conditions:
(1) Within a period not exceeding ten days from the coming into
force of the
present Treaty, the German troops and authorities (including the
Oberprasidenten,
Regierungs-prasidenten, Landrathe, Amtsvorsteher, Oberburgermeister)
shall
evacuate the zone lying to the north of the line above fixed.
Within the same period the Workmen's and Soldiers', Councils which
have been
constituted in this zone shall be dissolved; members of such councils
who are
natives of another region and are exercising their functions at
the date of the
coming into force of the present Treaty, or who have gone out
of office since
March 1, 1919, shall also be evacuated.
The said zone shall immediately be placed under the authority
of an International
Commission, composed of five members, of whom three will be designated
by the
Principal Allied and Associated Powers; the Norwegian and Swedish
Governments
will each be requested to designate a member; in the event of
their failing to do
so, these two members will be chosen by the Principal Allied and
Associated
Powers.
The Commission, assisted in case of need by the necessary forces,
shall have
general powers of administration. In particular, it shall at once
provide for
filling the places of the evacuated German authorities, and if
necessary shall
itself give orders for their evacuation, and proceed to fill the
places of such
local authorities as may be required. It shall take all steps
which it thinks
proper to ensure the freedom, fairness, and secrecy of the vote.
It shall be
assisted by German and Danish technical advisers chosen by it
from among the
local population. Its decisions will be taken by a majority.
One-half of the expenses of the Commission and of the expenditure
occasioned by
the plebiscite shall be paid by Germany.
(2) The right to vote shall be given to all persons, without distinction
of sex,
who:
(a) Have completed their twentieth year at the date of the coming
into force of
the present Treaty; and
(b) Were born in the zone in which the plebiscite is taken, or
have been
domiciled there since a date before January 1, 1900, or had been
expelled by the
German authorities without having retained their domicile there.
Every person will vote in the commune (Gemeinde) where he is domiciled
or of
which he is a native.
Military persons, officers, non-commissioned officers and soldiers
of the German
army, who are natives of the zone of Schleswig in which the plebiscite
is taken,
shall be given the opportunity to return to their native place
in order to take
part in the voting there.
(3) In the section of the evacuated zone lying to the north of
a line, from East
to West (shown by a red line on map No. 4 which is annexed to
the present
Treaty). [See Introduction]:
passing south of the island of Alsen and following the median
line of Flensburg
Fjord,
leaving the fjord about 6 kilometres north of Flensburg and following
the course
of the stream flowing past Kupfermuhle upstream to a point north
of Niehuus,
passing north of Pattburg and Ellund and south of Froslee to meet
the eastern
boundary of the Kreis of Tondern at its junction with the boundary
between the
old jurisdiction of Slogs and Kjaer (Slogs, Herred, and Kaer Herred),
following the latter boundary to where it meets the Scheidebek,
following the
course of the Scheidebek (AIte Au), Suder Au, and Wied Au downstream
successively
to the point where the latter bends northwards about 1,500 metres
west of
Ruttebull
thence, in a west-north-westerly direction to meet the North Sea
north of
SieItoft,
thence, passing north of the island of Sylt,
the vote above provided for shall be taken within a period not
exceeding three
weeks after the evacuation of the country by the German troops
and authorities.
The result will be determined by the majority of votes cast in
the whole of this
section. This result will be immediately communicated by the Commission
to the
Principal Allied and Associated Powers and proclaimed.
If the vote results in favour of the reincorporation of this territory
in the
Kingdom of Denmark, the Danish Government in agreement with the
Commission will
be entitled to effect its occupation with their military and administrative
authorities immediately after the proclamation.
(4) In the section of the evacuated zone situated to the south
of the preceding
section and to the north of the line which starts from the Baltic
Sea 13
kilometres from Flensburg and ends north of the islands of Oland
and Langeness,
the vote will be taken within a period not exceeding five weeks
after the
plebiscite shall have been held in the first section.
The result will be determined by communes (Gemeinden), in accordance
with the
majority of the votes cast in each commune (Gemeinde).
ARTICLE 110.
Pending a delimitation on the spot, a frontier line will be fixed
by the
Principal Allied and Associated Powers according to a line based
on the result of
the voting, and proposed by the International Commission, and
taking into account
the particular geographical and economic conditions of the localities
in
question.
From that time the Danish Government may effect the occupation
of these
territories with the Danish civil and military authorities, and
the German
Government may reinstate up to the said frontier line the German
civil and
military authorities whom it has evacuated.
Germany hereby renounces definitely in favour of the Principal
Allied and
Associated Powers all rights of sovereignty over the territories
situated to the
north of the frontier line fixed in accordance with the above
provisions. The
Principal Allied and Associated Powers will hand over the said
territories to
Denmark.
ARTICLE 111.
A Commission composed of seven members, five of whom shall be
nominated by the
Principal Allied and Associated Powers, one by Denmark, and one
by Germany, shall
be constituted within fifteen days from the date when the final
result of the
vote is known, to trace the frontier line on the spot.
The decisions of the Commission will be taken by a majority of
votes and shall be
binding on the parties concerned.
ARTICLE 112.
All the inhabitants of the territory which is returned to Denmark
will acquire
Danish nationality ipso facto, and will lose their German nationality.
Persons, however, who had become habitually resident in this territory
after
October 1, 1918, will not be able to acquire Danish nationality
without
permission from the Danish Government.
ARTICLE 113.
Within two years from the date on which the sovereignty over the
whole or part of
the territory of Schleswig subjected to the plebiscite is restored
to Denmark:
Any person over 18 years of age, born in the territory restored
to Denmark not
habitually resident in this region, and possessing German nationality,
will be
entitled to opt for Denmark;
Any
person over 18 years of age habitually resident in the territory
restored to
Denmark will be entitled to opt for Germany.
Option by a husband will cover his wife and option by parents
will cover their
children less than 18 years of age.
Persons who have exercised the above right to opt must within
the ensuing twelve
months transfer their place of residence to the State in favour
of which they
have opted.
They will be entitled to retain the immovable property which they
own in the
territory of the other State in which they were habitually resident
before
opting. They may carry with them their movable property of every
description. No
export or import duties may be imposed upon them in connection
with the removal
of such property.
ARTICLE 114.
The proportion and nature of the financial or other obligations
of Germany and
Prussia which are to be assumed by Denmark will be fixed in accordance
with
Article 254 of Part IX (Financial Clauses) of the present Treaty.
Further stipulations will determine any other questions arising
out of the
transfer to Denmark of the whole or part of the territory of which
she was
deprived by the Treaty of October 30, 1864.
SECTION XIII.
HELIGOLAND.
ARTICLE 115.
The fortifications, military establishments, and harbours, of
the Islands of
Heligoland and Dune shall be destroyed under the supervision of
the Principal
Allied Governments by German labour and at the expense of Germany
within a period
to be determined by the said Governments.
The term "harbours,, shall include the north-east mole, the
west wall, the outer
and inner breakwaters, and reclaimed land within them, and all
naval and military
works, fortifications, and buildings, constructed or under construction,
between
lines connecting the following positions taken from the British
Admiralty chart
No. 126 of April 19, 1918:
(a) lat. 54° 10' 49" N.; long. 7° 53' 39" E.;
(b) 54° 10' 35" N.; 7° 54' 18"
E.; (c) 54° 10' 14" N.; 7° 54' 00"
E.; (d) 54° 10' 17" N.; 7° 53' 37"
E.;
(e) 54° 10' 44" N.; 7° 53' 26" E.
These fortifications, military establishments, and harbours shall
not be
reconstructed nor shall any similar works be constructed in future.
SECTION XIV.
RUSSIA AND RUSSIAN STATES.
ARTICLE 116.
Germany acknowledges and agrees to respect as permanent and inalienable
the
independence of all the territories which were part of the former
Russian Empire
on August 1, 1914.
In accordance with the provisions of Article 259 of Part IX (Financial
Clauses)
and Article 292 of Part X (Economic Clauses) Germany accepts definitely
the
abrogation of the Brest-Litovsk Treaties and of all other treaties,
conventions,
and agreements entered into by her with the Maximalist Government
in Russia.
The Allied and Associated Powers formally reserve the rights of
Russia to obtain
from Germany restitution and reparation based on the principles
of the present
Treaty.
ARTICLE 117.
Germany undertakes to recognise the full force of all treaties
or agreements
which may be entered into by the Allied and Associated Powers
with States now
existing or coming into existence in future in the whole or part
of the former
Empire of Russia as it existed on August 1, 1914, and to recognise
the frontiers
of any such States as determined therein.
MANDATES
IN AFRICA
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