Слике страница
PDF
ePub

PARTITION OF UPPER SILESIA

Text of the decision of the League of Nations Council, which divides the rich mining district between Germany and Poland, at last settling a dispute which caused two years of turmoil

[blocks in formation]

sult came after weeks of note exchanges between France and Germany on the one hand, and France and Great Britain on the other. It was the negative culmination of a series of events dating from the signing of the Treaty of Versailles.

The revised treaty calling for the holding of a plebiscite in this rich coal territory, claimed both by the Germans and the Poles on historical and population grounds, was signed on June 28, 1919. The plebiscite was long deferred. Meanwhile intense excitement prevailed in Upper Silesia, and many clashes occurred between the two elements. In February, 1920, an Interallied Commission was appointed and placed in charge of the district pending the holding of the popular vote. The date for this event was finally fixed for March 20, 1921. The plebiscite was held; its final result, as given by the Interallied Commission itself, was as follows: Germans, 716,408; Poles, 471,406. Though this seemed to mean a victory for Germany, the situation was vastly complicated by the peculiar distribution of the vote, especially in the southeastern triangle, which contained the coal majority of the mines. Faced with this complication, the allied Premiers were in great

RMA

NSY

[blocks in formation]
[blocks in formation]

FALKENBERG

E

NEISSE

OBER GLOGAU

NEUSTADT

LEOBSCHUTZ

RATIBO

TERRITORY TO GERMANY TERRITORY TO POLAND SCALE OF MILES

[blocks in formation]

GUTTENTAG

LUBLINIT

GR.STREHLI

TARNOWITZ

BEUTHEN

GLEIWITZ

ON

KÖNIGSHUTTE

KATTOWITZ

NIKOLAI

RYBNIK

PLESS

CZECHOSLOVAKIA ⚫TESCHEN

BIELITZ

Both shaded areas together represent Upper Silesia. Dark line separating the two kinds of shading is new boundary fixed by the League of Nations between German and Polish portions of disputed territory. Each gets a share of the mines.

for a time to break the friendship between France and England. Finally, on June 10, 1921, Korfanty, realizing that his coup had failed, signed an agreement with the Interallied Commission, promising to demobilize his troops on condition that Germany did the same. The allied Premiers met on Aug. 12 for a last desperate attempt to settle the boundary question, but their differences proved irreconcilable. By mutual consent, therefore, they agreed to refer the whole matter to the League of Nations Council, pledging themselves (Aug. 24) to accept the League Council's solution. The League accepted the task on Aug. 29 and began work upon it at once. The details were referred to a committee composed of four non-permanent members of the League Council, viz., M. Paul Hymans of Belgium, Senhor da Cunha of Brazil, Señor Quinones de Leon of Spain, and Dr. Wellington Koo of China. These four sent a neutral commission to the plebiscite area and themselves heard evidence from both Poles and Germans of all ranks. In due time they formulated what they regarded as a just solution of the knotty problem. By the first week in October this solution had been adopted by all the allied Governments and had been laid before the disputants. caused some agitated comments and gestures in Germany, but by the end of October it had been accepted by both sides and had apparently gone into history as the first large practical achievement of the League of Nations.

It

The full text of the League Council's solution of the Upper Silesian problem was made public on Oct. 20 by the British Foreign Office. All the essential portions of the document, with a map showing the new boundary line dividing the plebiscite area, are given herewith. While Upper Silesia is partitioned between the two disputants, the whole is to remain for fifteen years under the control of the Upper Silesian Mixed Commission, which is to aid in the prevention of friction during the period of adjustment. The British Foreign Office sent out the text with a covering letter which stated that the League's decision had now become the decision of the conference of Ambassadors, "acting in the name of and by the special mandate of the British Empire, France, Italy and Japan, signatories, together with the United States of America,

as the principal allied and associated powers, of the Treaty of Peace of Versailles."

TEXT OF THE DECISION

The text of the League Council's decision, with a few unessential omissions, is as follows:

The council, being convinced that its duty was, above all, to endeavor to find a solution in conformity with the wishes of the inhabitants, as expressed by the plebiscite, while taking into account the geographical and economic situation of the various districts, has been led to the conclusion that it is necessary to divide the industrial region of Upper Silesia. Owing to the geographical distribution of the population and the mixture of the racial elements, any division of this district must inevitably result in leaving relatively large minorities on both sides of the line and in separating important interests.

In these circumstances, the council considered that it would be desirable to take measures to guarantee during a provisional period of readjustment the continuity of the economic life of this region, which, owing to the density of its population, the number of its industrial undertakings, the closely woven network of its means of communication, possesses the character of a vast agglomeration. It was also of the opinion that it would be desirable to provide for the protection of minorities. Such are the general principles by which the council was governed.

The council came to the conclusion that the most equitable solution would be obtained by the frontier line which is described below and the adoption of which it unanimously decided to recommend.

READJUSTMENT PERIOD

The measures which the council considers necessary in order to insure the continuity of the economic and social existence of Upper Silesia, and to reduce to a minimum the inconvenience of the period of readjustment, are chiefly designed with the following objects:

To preserve, for a certain time, for the industries of the territory separated from Germany their former markets, and to insure the supplies of raw material and manufactured products which are indispensable to these industries; to avoid the economic disturbances which would be caused by the immediate substitution of the Polish mark for the German mark as the sole legal currency in the territory assigned to Poland; to prevent the working of the railways serving Upper Silesia from being affected by the shifting of the political frontier; to regulate the supplies of water and electricity; to maintain freedom of movement for individuals across the new frontier; to guarantee respect for private property; to guarantee, as far as possible, to the workers that they shall not lose, in the portion of territory assigned to Poland, the advantages which were secured to them by Ger

man social legislation and by their trades union organization, and, finally, to ensure the protection of minorities on the basis of an equitable reciprocity.

The solution of these problems should be achieved by means of arrangements effected under the form of a general convention between Germany and Poland. The Treaty of Versailles has provided, in several analogous cases, for conventions of this kind. As regards Upper Silesia, the treaty has regulated certain questions by means of special provisions. Article 92 stipulated, moreover, that further agreements will regulate all questions arising out of the cession of the above territory which are not regulated by the present treaty."

[ocr errors]
[merged small][merged small][ocr errors]

Further, it would also be expedient to constitute an arbitral tribunal to settle any private disputes which might be occasioned by the application of the temporary measures. All disputes in connection with the carrying out and the interpretation of the general convention should be settled in conformity with the provisions of this convention and, where necessary, with the covenant of the League of Nations. A Frontier Delimitation Commission should mark out the course of the frontier on the spot. It will be the duty of the Interallied Commission already in existence to take the necessary measures for the maintenance of order during this preliminary period. The mixed commission referred to above should be appointed without delay in order that it may give its assistance to the Interallied Commission, which, taking into account the provisions of paragraph 6 of the Annex to Article 88 of the Treaty of Versailles, will take measures for preparing the transition from the present situation to the provisional régime.

[This treaty clause provides for the taking over by the German and Polish authorities of the administration of the territory assigned to them respectively within a month of the official notification of the fixing of the frontier and the immediate dissolution of the allied Control Commission on this taking place. To avoid prema

ture withdrawal, the Allies on Oct. 20 communicated " the Upper Silesian decision to Germany and Poland, reserving the "notification" for some later date when the Economic and Mixed Commissions shall have things in running order.]

BOUNDARY DEFINED

of

[The council attached four annexes to its recommendations. In Annexe I. it set out the general principles by which it was guided in arriving at its decision. In Annexe II. it traced the suggested line of demarcation in detail. Annexe III. enumerates the important provisions designed to secure continuity in the life Upper Silesia after the partition and to reduce to a minimum the difficulties of the period of adaptation. Finally, in Annexe IV. the council sets out its decisions on the rights of nationality and domicile and protection of minorities in Upper Silesia. The description of the frontier line, as recommended in Annexe II.-and now adopted-is as follows:]

The frontier line would follow the Oder from the point where that river enters Upper Silesia as far as Niebetschau, would then run towards the northeast, leaving in Polish territory the communes of Hohenbirken, Wilhelmsthal, Raschutz, Adamowitz, Bogunitz, Lissek, Summin, Zwonowitz, Chwallenczitz, Ochojetz, Wilcza (upper and lower), Kriewald, Knurow, Gieraltowitz, Preiswitz, Makoschau, Kunzendorf, Paulsdorf, Ruda, Orzegow, Schlesiengrube, Hohenlinde;

And leaving in German territory the communes of Ostrog, Markowitz, Babitz, Gurez, Stodoll, Niederdorf, Vilchowitz, Nieborowitzer, Hammer, Nieborowitz, Schönwald, Ellguth Zabrze, Sosnica, Mathesdorf, Zabrze, Bisputitz, Bobrek, Schomberg;

Thence it would pass between Rossberg (which falls to Germany) and Birkenhain (which falls to Poland), and would take a northwesterly direction.

Leaving in German territory the communes of Karf, Miechowitz, Stollarzowitz, Friedrichswille, Ptakowitz, Larischhof, Miedar, Hanusek, Neudorf-Tworog, Kottenlust, Potemba, Keltsen, Zawadski, Pluder-Petershof, Klein-Lagiewnik, Skrzidlowitz, Gwosdzian, Dzielna, Cziasnau,` Sorowski,

And leaving in Polish territory the communes of Scharley, Radzionkau, Trockenberg, NeuRepten, Alt-Repten, Alt-Tarnowitz, Rybna, Piassetzna, Boruschowitz, Mikoleska, Drathhammer, Bruschick, Wüstenhammer, Kokottek, Koschmieder, Pawonkau, Spiegelhof (Gutsbezirk), Gross Lagiewnik, Glinitz, Kochschütz, Lissau.

To the north of the latter place it would coincide with the former frontier of the German Empire, as far as the point where the latter frontier joins the frontier already fixed between Germany and Poland.

[The following provisions, embodied in Annexe III., are designed to insure continuity in the economic life of Upper Silesia after the parti

[ocr errors][merged small][ocr errors]

tion, and to reduce to a minimum the difficulties of the period of adaptation :]

or

The administration of railway and tramway systems which belong to private concerns municipalities shall continue to be governed by the terms of their concessions, as regards rights and obligations. The railway system of the Schlesische Kleinbahn Aktiengesellschaft shall continue to be operated as a single unit for fifteen years. For the German State railways, both normal and narrow gauge, a joint system of operation shall be put into force in the plebiscite area, for fifteen years.

The amount of rolling stock allotted to the plebiscite area shall be determined in accordance with Article 371 of the Treaty of Versailles. Railway rates shall be uniform. The administration of the State insurance and social insurance employes of the Silesian railway system shall be undertaken by that system.

Expenses of new construction shall be borne by the State on whose territory they are carried out. The working capital necessary for operation shall be lent by the German State; the interest on this capital will be charged to the account of the system. The profits or deficit shall be divided between the two countries, in proportion to the length of the line belonging to each and the amount of traffic.

In so far as the territory which comprises the existing water supply system has not been entirely allotted to one of the two countries, in default of a special agreement between the parties, the existing system shall be maintained. The reserve water supply of the Tarnowitz and Olhucz district shall be at the disposal of the whole territory of Upper Silesia. The Oberschlesische Elektrizitatswerke shall continue to operate as at present for a period of three years. After this the Polish Government may purchase the Chorsow power station and the system dependent thereon. The above company shall furnish electricity on the same terms to both parts of the territory, so long as a Polish company shall not have been established.

During a period which shall not exceed fifteen years the German mark shall remain the only legal unit of currency in the plebiscite area, and the Polish Government shall recognize in the territory assigned to Poland the rights and privileges of the German Reichsbank, which shall be permitted to maintain its branches in such territory. The two Governments may decide by common agreement to modify this system before the expiration of this period.

Failing agreement between the two Governments, and in the case when a modification of the monetary system should become necessary, a date would be fixed as from which the German mark would cease to be the only legal unit of currency. The customs frontier will be made coterminus with the new political frontier as soon as the latter has been fixed. The German and Polish customs law and customs tariffs shall be applied with certain exceptions (specified by the League Council) to meet for varying periods up to the limit of fifteen years the need raw material of allowing the interchange of and

other commodities between the two partitioned areas free of customs duty.

In conformity with Article 268 of the Treaty of Versailles, natural or manufactured products which originate in and come from the Polish zone of the plebiscite area shall on importation into German customs territory be exempt from all customs duty during three years from the notification of the delimitation of the frontier to Germany and to Poland.

The two countries shall undertake to facilitate during fifteen years the export from their respective territories of products indispensable for the industry of either zone of the plebiscite area, by supplying the necessary export licenses and by authorizing the execution of contracts entered into between private individuals.

Any arrangement with regard to the customs régime on the new Polish-German frontier in Upper Silesia, which is not an application of the principle stated above, shall be considered as an ordinary commercial agreement between Poland and Germany.

THE COAL MINES

In conformity with Article 90 of the Treaty of Versailles, Poland shall permit for fifteen years the exportation to Germany of the products of the mines in the Polish zone of the plebiscite area. As regards coal, account shall be taken in the application of this article of the provisions of the different treaties of peace, and of the international decisions and agreements, between Germany, Poland, and the countries directly or indirectly concerned in the importation of coal from Upper Silesia, which impose obligations on Germany and Poland in respect of coal.

Germany shall permit for fifteen years the exportation, to the Polish zone of the plebiscite area, of the products of the mines in its territory, under Article 90 of the Treaty of Versailles. The quantities of the products of the mines to which this provision shall apply shall be calculated on the basis of the average exchange of these products in the years 1911 to 1913.

The German and Polish Governments shall recognize for fifteen years those unions of employers and workers whose activities take place within the plebiscite area. These unions may enter into collective contracts throughout the whole plebiscite area.

The transfer of the funds of German social and State insurances to Poland should take place in accordance with Article 312 of the Treaty of Versailles. The Polish Government shall establish as soon as possible for the Polish zone the special insurance societies and the special jurisdiction for administrative matters and for the hearing of causes.

FREE MOVEMENT

[Rights of nationality and domicile are defined in Annexe IV. as follows:]

During fifteen years any inhabitant regularly domiciled in the plebiscite area, or having a regular or professional occupation therein, shall receive a circulation permit free of payment, which will permit him to cross the frontier without other formalities.

The two countries shall recognize and respect, in the territory which shall be allotted to them, rights of all kinds, in particular concessions and privileges acquired at the date of the partition by individuals, companies, or other legal entities. Poland shall renounce for fifteen years the powers granted by Article 92 as regards the expropriation of industrial undertakings, mines or deposits, save where such powers are indispensable to insure continued operation.

Any dispute between the German and Polish Governments which may occur within fifteen years in respect of any legislative measure adopted by either of the two countries for the control of companies or industrial or commercial enterprises, and limiting in a manner contrary to justice the freedom of these companies or enterprises, from the point of view of the nationality of their personnel, of their directors or

of their capital, may be referred by the Government concerned to the Council of the League of Nations, whose decision both Governments undertake to accept.

[Questions of nationality will be decided under Article 91 of the Treaty of Versailles, and Articles 3-6 of the Minorities Treaty of 1919. German nationals who opt for German nationality may still retain their domicile in the Polish partitioned area for fifteen years. The same principle applies to those who opt for Polish, nationality, but have their domicile in the German partitioned area. With regard to the protection of minorities in the partitioned areas, Germany for fifteen years at least must accept the same obligations as those which will operate under the treaty of June, 1919, with regard to the Polish portion of Upper Silesia.]

[ocr errors][ocr errors]

A

GERMANY'S DIFFICULTIES

Dr. Wirth's Cabinet reorganized because of popular dissatisfaction with the
Silesian decision-Measures sought to stop the alarming fall of the mark-
Business operating feverishly under the false stimulus of inflation

[PERIOD ENDED Nov. 10, 1921]

FTER having furnished a German political version of the old railroad story of "Off again, on again," Dr. Wirth is still Chancellor of the German Republic. With the exchange value of the mark dropping every day, little headway being made with his taxation program, the Reparation Commission in Berlin studying the financial situation, and the People's Party (the big business group headed by Hugo Stinnes) demanding practical control of the Government as the price of coming to his aid with foreign credits estimated at 1,000,000,000 gold marks, Dr. Wirth is in a decidedly uncomfortable position, but he seems determined to try to weather the storm without steering the ship of State too far to either the right or the left.

On Oct. 22, unable to persuade the People's Party leaders to agree to support his plan to accept the League of Nations decision dividing Upper Silesia between Poland and Germany, and to send a German Commissioner to negotiate with the Poles on the economic situation, Dr. Wirth resolved on a trial of strength and placed the resignation of his Cabinet in the hands of President Ebert. Three days later, after vain efforts to induce representatives of the

People's Party to help form a new Cabinet, the Social Democratic President asked Dr. Wirth to resume his old post and do the best he could. This request was heeded, and the next day (Oct. 26) the Chancellor announced the makeup of the new Government. The Reichstag gave him a vote of confidence the same evening, the vote being 230 to 132. The Chancellor's supporters were the Social Democrats (Majority Socialists), the Independent Socialists, the Centrists and the Democrats. Neither the Independents nor the Democrats obligated themselves to support Dr. Wirth in all circumstances, but they promised qualified support. The new Cabinet is as follows: Chancellor and Minister of Foreign Affairs-DR. WIRTH (Centrist).

Minister of the Treasury and Vice Chancellor -GUSTAV BAUER (Social Democrat).

Minister of the Interior-ADOLF KOESTER (Social Democrat).

Minister of Defense-DR. GESSLER (Democrat).

Minister of Economics-ROBERT SCHMIDT (Social Democrat).

Minister of Agriculture and Foodstuffs, and Finance ad interim-ANDREAS HERMES (Centrist).

Minister of Posts and Telegraphs-JOHANN GIESBERTS (Centrist).

[merged small][ocr errors][ocr errors][merged small]
« ПретходнаНастави »