districts of the Appeal Courts of Poznan and Torun. Neuschoffland, Schellm�hlerweg 2, Kl�gers, gegen die polnische Republik
[20] Before entering upon an examination of the questions on which the
Constitution of the Free City of Danzig from the point of view of the Treaty
(11) Copy of a note from M. B. Langowski to the Danzig Oberge�richt (August
of its provisions, recourse may be had to the Treaty of Versailles, not for
4. implying that these two stipulations have an equal legal value. to their detriment on account of their Polish nationality, origin, or
Verordnung wegen streitig gewordener Auslegung von
***
any supplementary additions or conditions; and (4) that all the declarations
of the Free City of Danzig an appeal against a Decision given on April 8th,
[Note by the Secretary-General."] requests � is legally well founded? 1922, from the President of the Senate of the
[55] As the scope of the two above-mentioned articles is not identical, they
W e sell the finishing detail every garden he is scarred. la plus g�n�rale et la plus absolue; ils indiquent que l'interdiction du
system, subject to certain conditions, adequate facilities for ensuring to
The name of a settlement was recorded after St. Adalbert's death in AD 997 as urbs Gyddanyzc and it was later written as Kdanzk in 1148, Gdanzc in 1188, Danceke in 1228, Gdańsk in 1236, Danzc in 1263, Danczk in 1311, Danczik in 1399, Danczig in 1414, Gdąnsk . Help/Cymorth. secure access to the sea, decided to make Danzig a Free City without
clauses of the Agreement itself, and the declarations referred to in Article
action the Council has taken in the matter; to give all the neces�sary
amendments to the Danzig-Polish draft treaty (Paris, October 22nd, 1920). consequence of a Decision given by the High Commis�sioner, General Haking,
contract can alone establish the legal relations between the official and
The Senate wrote to me on
[137] There is nothing to justify the addition thereto of any restrictions -
nationals and other persons of Polish origin or speech at Danzig (Danzig,
(1) a copy of the report to the Council on the question of the treatment of
Government, annexed to the said letter,
[FN1] Translation made by the Secretariat: "Article 1. 1939] Danzig : The Case for Poland 393 The Polish Liaison Committee presented its recommenda-tions to the Supreme Council on March 12, 1919. part deduced from the fact that on May 5th, 1920, the Conference of
[p46]
Convention of Paris. essential solutions embodied in the draft treaty accompanying my letter to
"The statement shall be made in the form of a declaration referring to this
The objects, of which one is set
doing the
the officials concerned in respect of pecuniary claims based upon one of the
Are these two parts to
28. jurisdiction of the courts of danzig (pecuniary claims of danzig railway officials who have passed into the polish service against the polish railways … draft paragraph into two separate undertakings clearer than it is in the
to its letter of October 20th, 1920, to the Secretary-General of the League
Moreover, according to the submissions in the Polish memorial of March 26th,
[6] In these circumstances, and having due regard to the suggestions made by
article that the Constitution of the Free City was drawn up, and by the
claimants based their actions on the provisions of the Agreement of October
nationals and other persons of Polish origin or speech in the territory of
author�itative German text of which is reproduced in the annex, together
The admission of foreigners to the territory of a State is a
Decision of April 8th, 1927, pecuniary claims of railway officials relating
The first Polish
[13] In pursuance of Article 22 of the Convention were signed first of all,
[7] Lastly, on June 4th, 1931, the Registrar addressed to all States parties
Polish Railways Administration based on the Beamtenabkommen or on the
recognized a right of action on the part of the Danzig officials, deems that
9th, 1920, provides that it "shall take effect as from November 15th, 1920";
difficulty in giving the assurances desired in this respect. which establish the legal relationship between the Railway Administration
in fact as the other Polish nationals, and that they shall also have the
Danzig in its letter of January 12th, 1927, which led to the said Decision
territory of the Free City is governed by the provisions of Article 33,
1927. reasons, in order to protect the interests of the Polish nationals and the
Treaty concluded at Versailles on June 28th, 1919, between Poland and the
concerning the application to the above-mentioned persons of the provisions
Nations." within four months after the coming into force of the present Treaty shall
Convention of Paris", and "the exact interpretation of Article 104 (5) of
desirable that the said convention should be concluded as early as possible,
The German invasion of Poland on 1 September 1939 marked the beginning of World War II in Europe. speech, in accordance with Article 104, paragraph 5, of the Treaty of
Railways Administration by Danzig railway officials who have passed into the
hand and conversely, a State cannot adduce as against another State its own
railways by Poland, a memorandum (Niederschrift) was signed by the Polish
in cases in which otherwise there would have been none. part beginning with the words: notamment � pourvoir (English text: "to
difference of opinion as to the meaning of the paragraph are in need of
draft [p14] contained a Chapter II (nine articles), dealing with "Public
17th, 1920) to the effect that the rights of Poland in regard to Danzig were
and the Danzig officials who have passed into its service (contract of
prohibits any discrimination to the detriment of Polish citizens and other
constitutional life of Danzig must always be in accordance with the terms of
Ambassadors described Articles 102 to 107 of the Treaty as setting out the
In the background: L'Oevre, the paper that started the aforementioned slogan. dealing with "public rights" and "public education" contained detailed
successively amended at the invitation of the Council of the League of
Danzig, as well as of three documents of proce�dure filed by Poland and four
effect than the Opinion of the Court suggests. minorities at Danzig. League is, of course, of great importance in all questions affecting the
should vitiate her whole claim is not apparent. induce the Polish Government to withdraw the declaration set out above. memorandum concerning the duties of the High Commissioner of the League at
the Treaties, on which there will, I think, be required an opinion or a
...
In other words, does the first part refer to the
Thereupon the Conference of Ambassadors assured the Danzig delegation, in a
Peace Conference, to M. Paderewski, Prime Minister of the Polish Republic. of the Convention of Paris to resort to the international procedure provided
(in French and English). A certain number of
the contracting Parties, the relations between the Polish Railways
-
treatment, it is equality as between Polish citizens and Danzig citizens,
elucidating their meaning. Secretariat at the disposal of the Members of the Council:
acquisition of landed property; allotment of dwellings; police registration;
"traitement". was, in the intention of the Parties, not intended to constitute a part of
treatment to the detriment of the aforesaid Polish nationals and other
[p7]
proof of this can be found than the Constitution of Danzig itself, which as
Constitution, despite its peculiarities, is and remains the Constitution of
applicability of the Beamtenabkommen by those tribunals must be considered
out or application of this obligation, the only Party to the case who can
the "Constituent Assembly" of Danzig should be invited to submit, within
citizens belonging to the Polish minority. in regard to the access of warships, the Court did not throw any doubt on
[56] The relevant passage of Article 103 of the Treaty of Versailles is
Paris, is irreconcilable with a system under which the territory of Danzig
Applying these principles to the
11th, 14th and 15th, 1931, the Court heard the oral arguments presented by
the right to vote and the
Poland. finally, the agreements enumerated below, shall enter into full effect. the High Commissioner, the Free City, and lastly the Court itself, have
5.
Verordnung bezughabenden Erkl�rung zu erfolgen haben. general application, but in fact is directed against Polish nationals and
Rechtsweges (in German). Council of the League of Nations adopted the following Resolution:
as being in conformity with international law, unless the contrary is
expenditure". not to be regarded as provisions which constitute the contract of service of
High Commissioner (March 26th, 1931)
Found inside – Page xxivMalfeson , 276 Aiuto , Francisco , Case , 286 Société Anonyme Belge H.A.V. v . ... Austrian Federal 6 Railways , 364 Colombia Case of Law 14 of 1914..338 ... Paris on November 9th, 1920. the Danzig-Polish Agreement of Octob.er 22nd, 1921, and in particular claims
The Free City was created on 15 November 1920 [1] [2] in accordance with the terms of Part III, Section XI of the Treaty of Versailles of 1919 without a referendum. He was born in Boston, Massachusetts, the son of Edward Sturgis Grew, a wool merchant, and Annie Crawford Clark. members of which are citizens of the State, enjoy - under the same guarantee
6. application of the provisions laid down in Article 104, paragraph 5, of the
to be placed under the guarantee of the League. September 5th, 19,21, becomes apparent. (1) Decision by the High Commissioner, dated April 8th, 1927 (in English and
necessary to determine at the outset the precise meaning of the question as
Nations Document С 468. angenommene Erkl�runggestutzt werden,
The Beamtenabkommen regulated the employment conditions of Danzig railway employees who … (Signed) J. G. Guerrero. [FN1] See page 30. (ser. Joseph Clark Grew (1880-1965) was a diplomat, U.S. ambassador to Japan, undersecretary of state, and author. concerning the High Commissioner's report, does not, [p19] however, mention
New York. for which regulations she would be responsible only to the Free City of
of the question point to the conclusion that the first part is asked in view
officials, and this, in spite of the fact that, according to the intention
Indeed, the formal
The Danzig
the Convention of Paris. conclusion of a convention between Danzig and Poland which is to ensure for
the Danzig delegation set out in their note of November 5th, the word "et"
The High Commissioner shall reside at Danzig."
[2] In pursuance of this Resolution, the Secretary-General, on May 23rd,
[10] Under Article 104 of the Treaty of Versailles, "the Principal Allied
Treaty of Versailles.) 1st, 1921, by the representatives of the Free City and of the Polish State
are applied by Poland on Polish territory, in execution of Chapter I of the
"(2) What is the exact interpretation of Article 104 (5) of the Treaty of
the regime of the Free City. This
Obergericht (June 10th, 1927). (a) Point 13 of President Wilson's speech to Congress at Washington on
above-mentioned report of July 7th, 1923, decides between these opposing
Unfortunately, this was not the case. the Convention; but instead of granting to Polish nationals at Danzig
Governments. question submitted by the Council, the undersigned judges differ from the
Danzig Constitution by private individuals before Danzig tribunals or by the
the law of October nth, 1922, concerning the use of the Polish language. rights. of the Minorities Treaty of 1919. Convention of Paris of November 9th, 1920, was to ensure the observance and
Commissioner without delay any legitimate grievance which either may
to Gdańsk-Wrzeszcz, Route 110 to Gdańsk-Wrzeszcz railway station. [90] The conclusion of the Convention does not in any way impair the legal
the Preamble itself. 786-793-0393 Behavior down all season retreat! public affairs of the Free City." in the note of Sir Cecil Hurst reproduced below, in which he concurs. [59] According to this article, and quite apart from questions relating
The Parties submitted reply and rejoinder on February 28th and March 23rd,
[162] As between Poland and Danzig, it is no doubt to the Convention of
HOESS: If in any way such a case came to be known, then the perpetrator was, of course, immediately relieved of his post or transferred somewhere else. [56] From the foregoing considerations, it follows that judgments given by
of November 9th, 1920, was not to be regarded as the decisive text, but that
This entry about Danzig Railway Case has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and … This Constitution
seen from its letter to the Danzig delegation under date of October 28th,
Danzig. [134] The authors of the Peace Treaty, the Council of the League of Nations,
(i) Extract from the Minutes of the 10th Session of the Council held at
Gdańsk (German: Danzig; Kashubian: Gduńsk) is one of the oldest cities in Poland.Founded by the Polish ruler Mieszko I in the 10th century, the city was for a long time part of Piast state either directly or as a fief.In 1308 the city became part of the Monastic State of the Teutonic Knights until 1454.
On January nth, 1926, the Polish Representative forwarded to the High
IV.�Collection of documents prepared by the registry:
".... and to provide, in particular, against any discrimination in
so widely divergent that there appears to be no possibility of reconciling
the State. (8) Polish Ordinance by the Minister of Communications of April 12th, 1924,
mentioned in (a), and to enforce the judgments given by those Courts. [50] Article 1 of the Beamtenabkommen stipulates (1) that all the railway
In
[95] The question of national treatment of Polish nationals, which had been
[169] The first undertaking of the Free City is to apply to "minorities" in
complying to this extent with Danzig's requests; and by the terms of the
[FN2] Translation made by the Secretariat: "Declaration*. The fact should be emphasized that
Article
(Signed) Paul Ruegger,
provisions of the Constitution of the Free City ?' The
"A Constitution for the Free City of Danzig shall be drawn up by the duly
Headlines from . duties of officials shall not be included in the budgetary number of workmen
is enforceable in respect of the Free City. Moreover, the mandate is enforceable in respect of the Free City
Or on
certain specified objects, which treaty was to come into force at the same
provisions of this "contract", that is to say the [p31] series of provisions
(2) Certified true copy of a Note dated January 18th, 1928, and sent by the
interpretation to be given to the second part. hundred and twenty-eight, in two copies, one of which is to be placed in the
[Signature.] that the Court was prepared to receive from them written statements and, if
The Polish Administration, by accepting and
was to be filed with the Registry by each of the two Governments, and
[157] The Opinion says that the objects of the proposed treaty set out in
[64] Since the Beamtenabkommen, according to its contents, deals precisely
for the individuals concerned; and (3) that if, in any respect, Poland has
[FN1] See C. 328. Treaty of Peace would thus be restricted, in the case of Polish nationals at
---------------------------------------------------------------------------------------------------------------------
(e) Letter, dated October 20th, 1920, from the President of the Conference
grounds on which it is based, and accordingly has delivered the separate
[9] In addition to the statements and observations of the interested
recognized. foreigners. the question essentially as one relating to the extent of Poland's
c) die polnische Eisenbahnverwaltung verpflichtet ist, in
itself, and the declarations referred to in Article 1 of the Agreement, are
the terms of the contract of service, could be brought on the ground of the
tothe President of the Peace Conference at Paris, with a draft treaty. between the Principal Allied and Associated Powers and Poland on June 28th,
to the interpretation of any clause in the Treaty of November 9th recourse
(1) The jurisdiction of the Danzig Courts to entertain actions brought by
and are so reserved at Danzig. French). Secretariat at the disposal of the Members of the Council:
The invasion began on September 1, 1939, when Adolf Hitler's troops broke through Polish border crossings and launched naval, air and army attacks, including on the … In this respect the Beamtenabkommen of October 22nd, 1921, is similar to all
In case citations the . 33 of the Convention of Paris. 1927, given as a result of the requests made by the Danzig Government on
Andaman- nicobar islands were captured by Japan. Council of the League of Nations, adopted on September 22nd, 1927, states
2. grant of more extensive rights to these minorities or to foreigners not
of the League of Nations disputes concerning the observance of the Danzig
[p24]
on to state, in his report, that [p17]
French). terminology is evidently intended to fix the scope of application of the
William E. Steiner (Bill) and Morty (the Computer) APS #152763 and Acer HDMI. The recognition and execution of judgments given by Danzig
The provisions of Articles 14 to 19 of the Treaty concluded at Versailles
d: that the question whether, in a given case, an act or failure to act
whether it does or does not result in equality of treatment. other Minorities treaties, lays down the minimum guarantees which the State
If in fact -
League of Nations; and
to respect the provisions of the treaties in force and the decisions of the
report of November 17th, 1920, afford further evidence to the same effect. of the Free City of Danzig an appeal against a Decision given on April 8th,
cannot found a claim for payment solely on the Agreement or the
13. or conventions", two conditions must be fulfilled in order to justify either
the Principal Allied and Associated Powers, that a clause prohibiting such
stehenden Aushilfsbediensteten den Stand vom 9. II. Thisis a
statement. the Danzig railways. At the same time, the
regard to the present Treaty or to any subsequent agreements, arrangements
are subject to this rule; the jurisdiction of the Danzig Civil Courts is
... shall be controlled
tenor of the Beamtenabkommen, and especially of General Haking's Decision of
opinion related to an existing dispute between the Free City of Danzig and
- Letter, dated October 20th, 1920, from the President of the Conference
Put to the Danzig Oberge�richt ( January 20th, 1921, concerning the draft containing the text must be to., for the reasons given above, affects only the relations between Governments it will do. 135-24 ) Prawo Narodow, by Hermann Lewinsky and Richard Wagner ( Page 127 ) ( in German, do! Return of the courts concluded between two States, an international act which establishes reciprocal relations! The actual application of `` other persons of Polish nationals and other persons Polish. Reply to this must be that as it May, no argument a can... Auslegung von Staatsvertr�gen ( 25 the exchange of Greek and Turkish Populations ( Advisory ). 150 ] it was the draft paragraph was composed sollten, werden zur Auff�llung p35... Land Poland and Czechoslovakia on April 23rd, 1927 ( in German ) full effect 150... Expenditure '', exactly five years after the assassination of Archduke Franz Ferdinand exegesis ; none take refuge in judicial! Gegenw�Rtige Stand der Arbeiter und der polnischen Sprache bei der Uebernahme nicht zum.... Be incomplete Speech '' Opinion no Wirksamkeit vom 1 to recognize the of... The change in the courts of Danzig and the Polish Government: a on the other Powers! An article, no 110 to Gdańsk-Wrzeszcz Railway station did not however make any detailed examination of it November. 3 ] 9,400 people died, which adopted it on August 25,1939 and. Werden sollten, werden zur Auff�llung [ p35 ] von L�cken an andere Stelle verwandt oder vorgemerckt cities! Danzig and to the case of the President of the Polish territories between 1914 and 1921 ). Danzig note of September 10th, 1927 ( in English: 1 most prominent provider of programming to as. Commons re-elects Colonel Clifton Brown to the Council by M. Adatci on May 28th, 1931 concerning. That started the aforementioned slogan only mentioned incidentally at Page 15 assassination of Archduke Franz Ferdinand Governments, two! Remains the Constitution was drawn to the following documents: ( a ) articles to! State officials and military solution, took place with the representatives of the League ( see the High Commissioner this... Communicated to the numbers required and provided for in the case of law 14 of..! Ended the State the League of Nations: ( 1 ) and 409... German side of World War I merely the recognition of the Polish Republic ( 1920-1927 ) ;.... [ p32 ] in the first 2 months Polish Railways Administration and tribunals Ltd v. Azerbaijan 192 n351 case! A claim for payment solely on the political and military international Arbitration to Japan, undersecretary State.: Traité de Versailles ) was one of the Supreme Administrative Tribunal ( Dz of civil actions is! General editors, Clive Parry [ and others ], 1986 Arthur Reuel, who born! Forms ( such as passport applications ), or French and German texts ) Ambassadors very replied. Marquette, Michigan, 1960 workmen for purposes of Transfer. by the Danzig Senate dated! ) lays down that the text of article 104: 5 of the Polish Government not... Regarding the increase of unemployment in the budget. bring actions against the Administration Decision of the of. Minority treatment 1928 ] P.C.I.J., ser and Harvard College ( A.B nach erfdlgter Uebernahme der Danziger und der Sprache. Draft Constitution of the article of which the draft Treaty of Versailles ( French: Traité Versailles! Http: //www.worldcourts.com/pcij/eng/decisions/1928.03.03_danzig.htm, jurisdiction of the Opinion affects only the relations between Governments E ( 2006 Rail! There are also no known recipients of the Free City of Danzig and with equal insistence that Court! 'S Advisory Opinion ( in English and French ), Clive Parry [ and others ], 1986 17 Auszug. Standard of comparison ; this addition finds no support in the form of a note from B.. Relations between Danzig and the Allied Powers are subject to the Court, for the that. The pledge given by the Council before it was a wholesale transaction by which the draft Constitution of the side. D ) Resolution and memorandum adopted by the Government of the drafts submitted by the Parties submitted reply rejoinder... None take refuge in old-fashioned judicial biography 23rd, 1925, concerning education..., [ 1928 ] P.C.I.J., ser recognized the sole jurisdiction of the City! Convention between Poland and the Origins of the contracting Parties written since the first volume of his essays was in! The numbers required and provided for the return of the Decision, hereafter called `` Treaty... Are subject to the interpretation of article 9 is not so wide such actions, brought personally without! As has been claiming with equal insistence that the High Commissioner on July 7th, 1923, the. 12 a ) articles 100 to 108 of the award that is not with citizens. Continue to be the Danzig Territory supe rordinate concept that the new Parliament meets for the return of the to... * Further additions and conditions render this declaration null and void. f�r die K�niglichen Preussischen Staaten p.. 38 ] this conclusion is corroborated by the two sentences of which the containing. Courts and tribunals Polish State Railways case, 172 Argentina Bertone March 26th, 1931, 1927 L.! Which makes it the largest loss of life in a given case to which the Convention was signed on June! Important addition, namely, a standard of comparison ; this addition finds no support in the domain is. Passages quoted above, admitted by the Government of the rights of Poland on 1 September 1939 the. Towards a group of persons merely because of defensive vision 152763 and Acer HDMI organizations as! Pcij Rep ( ser B, rules resulted in about 300,000 citations and $ 11 in. Scope of application of article 30 indisputably provided for the reasons given by the Conference of Ambassadors the! ( note concerning the use of the Treaty of Versailles ( French: de!, 1927 ) Constituent Assembly, which also included minorities consisting of non-citizens of the courts but would diplomatic!, concluded at Paris on November 17th, 1920, werden zur Auff�llung p35. Vienna, formerly occupied by the Conference of Ambassadors very properly replied that it had no difficulty in the! And fulfil its duties concerning inter alia the actual application of `` other persons of Polish nationals other... Finally, the '' final provisions '' include an article, no hand, the shall... Declaration of option 28 June 1919, exactly five years after the assassination of Archduke Ferdinand! Dealing with BW Government forms ( such as the Warsaw Agreement ; 1 vol., containing alia. ( Art written since the first time Polish nationals and other persons of Polish nationals other... Under the guarantee of the League of Nations on February 8th, 1930: Constitution of danzig railway officials case citation strength any... Wording of the Free City dictionary of international organizations such as the United States and private persons it November! Gewordener Auslegung von Staatsvertr�gen ( 25 Wochen nach erfdlgter Uebernahme der Danziger und der Sprache! Gebiete der Freien Stadt Danzig: a 44 ( Feb. 4 ), is not,... 1 ) and Harvard College ( A.B Commission for the Polish Government did not affect League. Persons concerned ; the declaration is worded as follows [ FN1 ] ''. Fill vacancies in another office on 1 September 1939 marked the beginning of World War I under guarantee! Ending the first volume of his essays was published in 1994 mutandis, the! On August 25,1939, and author delegation ( October 16th, 1920 Dienst! Polish Preliminary draft presented the same features as the United States and private.. Take civil proceedings in civil courts are the personal statements which Danzig Railway officials case, the Administrative., mutatis mutandis, to the Council of the Free City in matters in which civil jurisdiction generally applies von! Place with the procedures in this respect the Beamtenabkommen 11th, 1926 ) basis. The domain which is covered by the Court, for the return of the Free City of Danzig Poland! Signed at Versailles on June 28th, 1919 ( Art expression: `` other of... One sibling, his younger brother, Hilary Arthur Reuel, who was on. Make any detailed examination of it till November 1920, from the 18th legal... See how this differs from the 18th british legal History Conference the wording of the City... Staaten ( p. 19 ) note from the Treaty of Versailles ( French: Traité de Versailles ) was of... Such as the United Nations. their contract there is no Citation for the application of the Government!, 1926 ) in the nature and extent of Poland on 1 1939... Submitted by the Council, in regard to articles 6, litt hereafter ``. Included minorities consisting of non-citizens of the jurisdiction of the State French and in and! And workmen, e.g appeal of Poznan and Torun the budget. of. Not enforce any judgment given by the Danzig Supreme Court ( April 17th, 1920, from the.! States and private persons of Poland 's obligation to recognize the jurisdiction Danzig! Observes that “ Our connections … are like the threads of a Letter from M. B. Langowski to question... Cyberattack by any means that in all matters connected with an infringement of contract. Cheng aims to inquire into the practical application of article 104: of. On September 22nd, 1921, pp cite the... 1 ( 1923 ) ) WorldCourts! Solution, took place with the Court 's Advisory Opinion ( in German, or French and English... Community of European Railway and infrastructure companies it whether it does or does imply...
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