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
[see MAP]