congress! on al record-sen-ate

778 CONGRESS! ON AL RECORD-SEN-ATE. JuNE 9,

Also, petition -of William Breckenridge and Joseph Z. Schneller, of Buffal-o, N. Y., in refe.rence to pass:lge of oil-land leasing bill; to the Committee on the Public Lands.

Also, petition of Cameron J. Davis, r~tor Trinity Church. Buffalo, N. Y., opposing repeal of the da_ylight-saving law; to the Committee on Agriculture.

Also, petition of E. C. Gillett, secretary of New York State HorticuJtural Society, opposing daylight-saving law; to the Committee on Agriculture.

By Mr. MAJOR: Telegrams from prominent citizens ()f seventh district of Missouri, urging retention of war-time :prohibition; to the Oommittee on the Judiciary.

Also, petition of First Baptist Church of Lexington, Mo., advocating war-time prohibition; to the Committee on the Judiciary.

By Mr. McLAUGHLIN of Nebraska: Petition of sundry citizens of Nebraska, for the repeal of daylight-saving law; to the Committee on Ways and Means.

By Mr. MOON: Papers to accompany H. B.. 5217; to the Committee on Public Buildings and Grounds.

By Mr. MOOl\TEY: Petition -of Balkan, No. 133, S. N. P. J., of Cleveland, Ohio, relating to Jugo-Slav affairs; to the Committee on Foreign A.fEairs.

By Mr. l\IOTT: Petitions of citizens of Mexico, N. Y., protesting against tax on ice <!ream and soft drinks; and of citizens of Oneida, protesting against luxury tax ; to the Committee on ·ways and Means.

By 1\Ir. NOLAN: Petition favoring the Mondell bill, appropriating $500,000,000 for public-land settlement for returning soldiers; to the Committee on Public Lands.

Also, petition of the San Francisco Labor Council favoring the repeal of the war-time prohibition act ; to the Committee on the .Judiciary.

Also, petition of Santa Cruz Portland Cement· Co., of San Francisco, Calif., asking for protection to the potash industry

• of the United States; to the Committee on Ways and Means. By Mr. O'CONNELL: Petition of the Cloak, Suit, and Skirt

Manufa-cturers' Protective As ociation, New York, and KenierWilliams Stamping Co., Richmond Hill, New York Staw, against repeal of daylight-saving law; to the Committee on Agriculture.

Also, petition of Columbia Graphophone Co., New York, protesting against Department of Labor Employment Service ; to the Committee on Labor~

Also, petition of New York State Horticultural Society, -protesting against daylight-saving law; to the Committee on Agriculture.

By Mr. OSBORNE: Petition of Hon. Leon F. Moss, of Los Angeles, Calif., on Federal paved highways; to the Committee on Roads.

By l\lr. RAJ\fSEYER: Resolutions adopted by the Iowa State Federation of Labor assembled May 20-23, 1919, favoring repeal of an amendment t'O the war-time prohibition act as affecting beers and w.ine; to the Committee Gn the Judiciary.

By Mr. ROSE: Petitions of cities of Carrolltown, Barnesboro. Spangler, St. Benedict, and Patton, Cambria County, Pa., protesting against tax on sodas, etc., and asking that same be repealed; to the Committee on Ways and Means . .

Also, petition of First Presbyterian Church of Tyrone, Pa., protesting against the modification of the war-time prohibition act; to the Committee on the Judictary. ·

By Mr. ROW AN: Petition of the cloak, suit, and skirt manufactuers of New York, numbering not less than 300, protesting against the repeal of the daylight-saving law; to the Committee on Agriculture. · .

Also, petition of several hundred citizens of New York City again t tax on sodas, soft drinks, and ice cream ; to the Committee on Ways and Means.

Also, petition of National Live Stock Exchange, Chicago, Ill., recommending uniformity of Federal and State rules and regulations for eradicating tUberculosis; to the Committee on the Judiciary. .

Also, petition of the National Live Stock Exch~ge, Chicago, Ill., urging that the railroads be turned back to theJ.r owners and the release of telegraphic lines; to the Committee on Interstate and Foreign Commerce.

Also, petition of the National Live Stock Exchange, Chicago, Ill., deprecating unfair publicity of regulative bodies; to the Committee on the Judiciary. ·

Also petition of the National Live Stock Exchange, Chicago, IlL, f~\oring approved con tructi.ve legislation ; to the Committee on the Judiciary,

By Mr. SANDERS of New York: Petition of Bethany Grange, No. 748, New York State, urging the repeal of the so-called daylight-saving law; to the Committee -on A.oo-ricnlture.

Also, petition of 138 res!dents {)f Medina, N. Y., and vicinity, urging the repeal of tbe tax on sodas, soft drinks, and ice cream ; to the Committee on Ways and Means. ·

Also, petiuon of Genesee County (N. Y.) Pomona Grange, representing 3,300 grange members, unanimou-sly urging the repeal of the so--called daylight-saving law; to the Committee on Agriculture.

By Mr. SNELL: Petition of -citizens of Port Henry, N. Y., for repeal of tax on sodas, soft drinks, and ice cream ; to the Committee on Ways and Means.

Also, petition of citizens of Keeseville, N. Y., for repeal of tax on sodas, soft drinks, and ice cream; to the Committee on Ways and Means.

By l\.1r. STINESS: Petition of Proviuence (R. I.) Housewives' League, urging action to reduce food prices ; to the Committee on Agriculture.

Also, petition of Division No. 4, Ancient Order of Hibernians, of Providence, R. L, opposing any league of nati(}n that does not recognize the freedom of Ireland ; to the Committee on Foreign Affairs.

BY: Mr. STRONG of Pennsylvania: Petition of residents of Mayport and vicinity, in Clarion County, Pn-, urging the repeal of the daylight-saving law; to the Committee on Agriculture.

By Mr. TAYLOR of Tennessee: Petition of W. M. Caldwell, of Lafollette, Tenn., for repeal of the raUt·oa.d and mine war laws; to the Committee on Interstate and Foreign Commerce.

By 1\Ir. THOMPSON of Ohio: Petition of Leipsic (Ohio) Grange, No. 1664, for the repeal of daylight-saving law; to the Committee on Agricultm·e.

Also, petition of the law committee, International Associati-on of Machinists, Van Wert {Ohio) Lodge No. 667, indorsing Government ownership of ra.ilroads; to the Committee on Interstate and Foreign Commerce.

Also, petition of ll. G. Fry, Delphos, and Turnbull Motor Truck & Wagon Co., Defiance, both of Ohio, asking for repeal of the tax on commercial motor vehicles; to the Committee on Ways and Means.

Also, petition of Robert Mead Latty, in behalf of the Methodist Episcopal Sunday School, of Broughton, Ohio ; Methodist E...'piscopal Church, Bryan; E. J. l\1arsh, Edward Rhoades, Jes e Rupp, all of West Unity; Oakwood Methodist Episcopal Sunday School; Methodist Episcopal Sunday School, Antwerp ; Fred Granny; Salem congregation, Van Wert Methodist Episcopal ctrcuit; North Union Methodist Episcopal Church, Van Wert; Beech Grove congregation; Sunday school, Grove Hill; Wbitfield Methodist Episcopal congregation; C. P. · Godfrey~ Otta w'a, all of Ohio, opposing repeal of war-time prohibition law; to the Co-mmittee on the Judiciary.

Also, petition of Western Ohio Bottling Works, Van Wert; H. G. Mauk & S.On, Van Wert; We tern Ohio Bottling Works, Paulding; Ely & Co., Pioneer; Weiss Clothing Co., Frick Clothing Store, Rampe Store Co., Ottawa; Veneier & Nofzinger, Mon.tpelier: Balyeat & Wassanberg, and Charles Balyeat, all of Ohio, for the repeal of the luxury tax; to the Committee on Ways and Means.

By Mr. WOOD of· Indiana: Petition o.f farmers of Porter County, Ind., askina that they be placed back on the Lord's time; to· the Committee on Agriculture. · _

. SENATE.

~iONDAY, June 9, 1919.

The Chaplain,. Re,v. Forrest J. Prettyman, D. D., offered the following prayer :

Almighty God, we begin our day with meditation upon the greatness and glory of Thy name. We _come before Thee not only that we may receive that fullness of character and perfectness of life that will make us in accord with the divine \vill in our personal feelings and aspirations, but we. seek also from Thee that vigor and strength of intellecturu power that we may hold the balance of justice, and know the path of right, and think after Thee Thy thoughts concerning the government of men. We pray that Thou will endue us this day with Thine own Spirit that we may follow Thy word and work out Thy plan in the work that Thou hast committed to our hands. For Christ's sake. Amen.

The Secretary proceeded to read the proceedinas of Friday last, when, on request of l\1r. WARREN and by unanimous consent, the further reading was dispensed with and the Journal was approved.

1919. CONGRESSIONAL RECORD-SENATE. 779

INVITATION TO AMElnCA..::-o REPUBLICS (H. DOC. NO. SG).

The VICE PREf;IDE~T laid before the Senate a communication from the Acting Secretary of State, recommending legislation authorizing the President of the United States to invite each of the American Republic;:; to send, after June 1, 1920, not more than two of its citizens at one time to receive instruction in the United States Naval Academy and the United States Military Academy, which, with the accompanying papers, was referred to the Committee on Foreign Relations nnd ordered to be printed.

GILLESPIE PLANT EXPLOSION ( S. DOC. NO. 31) •

The VICE PHESIDENT laid before the Senate a communication from the Secretary of the Treasury, transmitting a letter from the Secretary of 'Vur ·submitting a supplemental estimate of appropriation in the sum of $1,319,033.59 required by the War Department for payment of claims for damages to private property by the explosion at the T. A. Gillespie Loading Co.'s plant in October, 1918, etc., which, with the accompanying paper, was referred to the Committee on Appropriations and ordered to be printed.

MESSAGE FRO:A£ THE HOUSE.

A message from the House of Representatives, by D. K. Hempstead, its em·olling clerk, announced that the House bad pa sed a bill (H. R. 4226) making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1920, and for other purposes, in which it requested the concurrence of the Senate.

The message also announced that the House disagrees to the amendments of the Senate to the bill (H. R. 2480) making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various tribes, and for other purposes, for the fiscal year ending June 30, 1920, agrees to the conference asked for by the Senate on the disagreeing votes of the two Houses thereon, and had appointed 1\lr. Sl\TYDER, Mr. C.AMJ>BELL of Kansas, and 1\Ir. CanTER managers at the conference on the part of the House.

PETITIONS AND MEMORIALS.

Mr. STERLING presented a petition of sundry citizens of Watertown, S. Dak., praying for the repeal of the so-called "luxury" tax, which was referred to the Committee on Finance.

1\lr. PHELAN presented a petition of the Chambe1L of Commerce of San Francisco, Calif., praying for the repeal of wartime prohibition so as to permit the manufacture of wine and beer, which was referred to the Committee on the Judiciary.

1\lr. McLEAN presented memorials of the 'Voman's Christian Temperance Union of South Manchester; of the Woman's Christian Temperance Union of New Haven; of the Woman's Christian Temperance Union of Shelton; of the Woman's Christian Temperance Union of Seymour ; of the congregations of the Baptist Church of Preston City, the Congregational Church of Stafford, and the Methodist Episcopal Church of West Cranby; of the Christian Endeavor Society of Chaplin; and of sundry citizens of Torrington and 'Vest Stafford, all in the State of Connecticut, remonstrating against the repeal of war-time prohibition, which were referred to the Committee on the Judiciary.

He also presented a petition of sundry citizens of New Haven, Conn., praying for the repeal of the so-called daylight-saving law, which was referred to the Committee on Interstate Commerce.

1\lr. CURTIS presented a r€solution adopted at a convention of sundry grain dealers, merchants, and shippers at Hutchinson, Kans., praying for a congressional investig-ation of the Bureau of Markets of the Department of Agriculture, which was referred to the Committee on Agriculture and Forestry.

Mr. SMITH of Arizona presented petitions of Local Lodge No. 02, H. S. S., of Lowell; of Local Lodge No. 547, National Croatian Society, of Bisbee; and of Local Lodge No. 132, S. S. P. Z., of Lowell, all in the State of Arizona, praying for the independence of the Jugo-Slavs and for justice and fair dealing in connection with peace deliberations, which were referred to the Committee on Foreign Relations.

1\lr. NE,VBERRY presented a petition of the congregation of the First Presbyterian Church of Ypsilanti, Mich., and a petition of the Diocese of the Protestant Episcopal Church, of Marquette, :a.nch., praying for the ratification of the proposed league of nations' treaty, which were referred to the Committee on For-

. dgn Helations. He also presented a memorial of the Q.hamber of Commerce

of Battle Creek, Mich., and a memorial of the Common Council of Petoskey, Mich., remonstrating against the repeal of the socalled daylight-saving law, which were referred to the Committee on Interstate Commerce.

He alsD (for l\Ir. TowNSEND) presented-memorials of sundry citizens of Muskegon, Owosso, Corunna, Coats Grove, Howard, Coral, and Belding, all in the State of Michigan, remonstrating against the repeal of war-time prohibition, "·hich "·ere referred to the Committee on the Judiciary.

He also (for Mr. TowNSEND) presented a petition of sundry citizens of Jackson, Mich., praying for the repeal of the so-called " luxury " tax, which was referred to the Committee on Finance.

He also (for l\1r. TowNsEND) presented a petition of St. John the Baptist Lodge, No. 8, Slav Croatian Union, of Calumet, Mich., praying for the independence of the Jugo-Slavs and for justice and fair dealing in connection with peace deliberations, which was referred to the Committee on Foreign Relations.

He also (for Mr. TowNSEND) presented a memorial of sundry citizens of Holland, Mich., remonstrating against the repeal of the so-called daylight-saving law, which \Yas referred to the Committee on Interstate Commerce.

Mr. HALE presented a memorial of sundry Italian citizens of Portland, Me., remonstrating against the h·eatment accorded Italy in the matter of Fiume, which was referred to the Committee on Foreign Relations.

He also presented a memorial of the \Vomen's Christian Temperance Union of Auburn, Me., remonstrating against the repeal of war-time prohibition, which was referred to the Committee on the Judiciary.

He also presented a memorial of sundry citizens of Portland, Me., remonstrating against the repeal of the so-called daylightsaving law, which was referred to the Committee on Interstate Commerce. .

Mr. SMITH of Maryland presented petitions of sundry citizens of Easton, Cordova, Royal Oak, Bozman, and Longwoods, all in the State of Maryland, praying for the repeal of the socalled daylight-saving law, which were referred to the Committee on Interstate Commerce.

He also presented memorials of the Board of the Grace Methodist Episcopal Church Sunday School of Cumberland, and of sundry citizens of Cumberland and Buckeystown, all in the State of Maryland, remonstrating against the repeal of wartime prohibition, which were referred to the Committee on the Judiciary.

1\Ir. KING presented a petition of the Affiliated Patriotic Societies, of Ottawa, Ill., praying for the proposed modification of war-time prohibition . o as to permit the manufacture of beer and wine, which was referred to the Committee on the Judiciary.

He also presented a petition of the Utah Coal Producers' Association, of Salt Lake City, Utah, praying for the imposition of a tax on imported coal, which was referred to the Committee on Finance.

THIRD DEFICIENCY APPROPRIATIONS.

Mr. WARREN. From the Committee on Appropriation · I report back favorably with sundry amendments the bill (H. H. 3478) making a{;propriations to supply deficiencies in appropriations for the fiscal year ending June 30, 1919, and prior fiscal years, and for other purposes, and I submit a rep01.:t (No. 11) thereon. Copies of the bill will be placed on the desks of all Senators, and I hope I may be able to call it up for consideration some time to-day.

The VICE PRESIDENT. The IJHI will be placed on the calendar.

COMMITTEE ON FOREIGN TIELATIO~S.

Mr. Sl\100T, from the Committee to Audit and Control the Contingent Expenses of the Senate, to which w·as referred Senate resolution 72, submitted by l\fr. LoDGE on the 6th instant, reported it fa>orably without amendment, and it was considered by unanimous consent and agreed to:

Resolved, That the Committee on Foreign Relations, or any subcommittee thereof, be, and hereby is, authorized, during the Sixtysixth Congress, to send. for persons, books, and papers ; to administer oaths, and to employ a stenographer, at a cost not exceeding $1 per printed page, to report such hearings as· may be had in connection with any subject which may be before said committee, the expenses thereof to be paid out of the contingent fund of the Senate; nnd that the committee, or any subcommittee thereof, may sit during the sessions or recesses of the Senate.

BILLS INTRODrCED.

Bills were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows :

By 1\fr. JO:NES of Washington: A bill (S. 1521) authorizing the Cowlitz Tribe of Indians,

residing in the State of 'Vashington, to submit claims to the Court of Claims ; to the Committee on Indian Affairs.

By l\lr. NELSON: A bill ( S. 1522) granting a pension to l\larius Thomsen ; to

the Committee on Pensions.

780 OONGRESSION AL RECORD- SEN ATE. JUNE 9,

By Mr. STERLING : A bil1 (S. 11323) for the relief of the heirs of ·J"oseph F.

Mitchell (with accompanying paper) ; to the Committee on Claims.

By Mr. CAPPER: A bill ( . 1524) donating captured cannon and unloaded

projectiles to the city of Cawker City, Kans.; to the Committee on 1\filitary Affairs.

By Mr. POMERENE : A bill (S. 1525) to donate one captured cannon to Mount

Union College, Alliance, Ohio; to the Committee on Military Affairs.

A bill (S. 1526) granting a pension to Edward Piero (with accompanying papers); to the Committee on Pensions.

By l\Ir. RANSDELL: A bill (S. 1527) granting an increase of pension to John

A. Boutte (with accompanying papers) ; to the Committee on Pensions. ·

By l\fr. 'VATSON: A bill ( S. 1528) granting an increase of pension to Frederick

R. Radebaugh ; and A bill (S. 1529) granting a pension to Rice M . Hughes; to

the Committee on Pensions. By l\fr. McKELLAR: A bill (S. 1530) authorizing the Secretary of War to donate

to the municipality of Martin, Tenn., captured German cannon and cannon balls or shells ; to the Committee on Military Affairs.

A bill (S. 1531) granting a pension to Mary E. Martin (with accompanying papers); to the Committee on Pensions.

By Mr. SHEPPARD: A bill (S. 1532) directing delivery of State war- ·er-vice records

to the State requ ting arne; to the Committee on l\lilitary Affairs.

A bill · ( S. 1533) for the relief of Anna M. Tobin, independent executrix of the estate of Frank U. Tobin, deceased; to the Committee on Claims.

A bill (S. 1534) to amend an act entitled "An act to pen ion the survivor of certain Indian wars from January 1, 1859, to January, 1891, inclusive, and for other purposes," approved March 4, 1917; n.nd

A bill (S. 1535) to amend. section 2 of an act entitled "An act to pension the survivors of certain Indian wars from January 1, 1B59, to Jami4J'Y, 1891, inclusive, and :Lor other purpose ," approved March 4, 1917; to the Committee on Pensions.

INDIA - CL.A.IMS.

Mr. JO:~TES of Washington. On May 23 I introduced Senate bill 628, authorizing the Indian tribes and individual Indians, or any of them, residing in the State of 'Vn.shington to submit certain claims to the Court of Claims. It was referred to the Committee on Claims. It is a matter ~·elating entirely to the Indian . It is a claim of Indians and has heretofore been considered entirely by the Committee on Indian Affairs. The Indian. Affairs Committee has held hearings upon it, and a similar bill has pa sed the Senate, I think, twiee-Dnce. at any rate. I think the bill should go to the Committee on Indlan Affairs. I a k that the Committee on Claims be discharged from its further consideration and. that the bill be referred to the Committee on Indian Affairs.

The VICE PRESIDENT. Is there any objection? The Chair hears none, and U is so ordered. ·

.A:P.f.EKDMENTS TO AGRICULTURAL .APPROPRIATIOX BILL.

Mr. 'V ATSON submitted an amendment proposing to increase ~e appropriation for investigating farm domestic water supply and drainage clispo a.l, the construction of farm buildings, etc., from $25,000 to $75,000. intended to be propo ed by him to the Agricultural appropriatio-n bill, which was referred to the Committee on Agricnltnre and Forestry and m·dered to be printed.

Mr. llANSDELL ubmitte<l an amendment proposing to appropriate $83,200 for the investigation and improvement of fruits and the methods of fruit growing, harvesting, etc., intended to be proposed by him to the Agricultural appropriation bill, which was referred to the Committee· on Agriculture and Forestry and ordered to be printed.

CLAIMS AGAINST MEXICO.

1\Ir. KING submitted the following re olution ,( S. Tie . 74), which was referred to the Committee on Foreign Relations: Wherea s clnims aggregating millions of dollars in compensation for dam

ages to property ::Uld for personal outrages ana destruction of life suffered by citizens of the United States in the Republic of Mexico have been filed with the Department of State for prcsen~"l.tion to the Government of Mexico ; and

Whereas some years have already intervened between the commission of such damages- and outrages and no progres is apparently ~ing made toward the liquidation, settlement, and payment of such claims: Now, therefore, be it

Resolved. That the Secretary of State be, and he is hereby, direct ed to report to the Senate whether or not said claims have been presented to the Government of MexJco, and what steps and measures a re being tak<'n to lJTOSecute such claims and to liquidate and settle the same, and if said clarms have not been presented, then to report to the Senate what steps and measures are contemplated to be taken with respect thereto and when the department will proceed with the same ; also to report to the Senate the number of citizens of the United States who have been ltilled in Mexico since Porfirio Dia.z retired from the Presidency of Mexico, together with the number of nationals of other countries who have been killed in Mexico as far as the Secretary of State is advi d ; also to report to the Senate the amount of claims filed with the Secretary for damages suffered by citizens of the United States 1n Mexico, and any information which the Secretary has as to the confiscation of property of citizens of the United States and as to the damage suffered by the citizens of the United States in Mexico ; also to report to the Senate the number of citizens of the United States who have been compelled to leave Mexico on account of the disorders prevailing in that country, the amount of property abandoned by euch p~rsons, and the number of citizens of the United States presently residing in Mexico and the amount of their property.

INTERio-I~ DEPARTMENT PUBLICATIONS.

Mr. KING submitted the following resolution (S. Res. 75), which was referred to the Committee on Public Lands :

Resolved, That the Secretary of the Interior report to the Senate the number of publications or periodicals issued by the Department of the Interior, together with the name of each publication, the bureau or other division of the Department of the Interior issuing the same, the time it is issued, the name of the editor and the number of persons employed in preparing the same for publication. the number of copies issued, the cost of the same, the usual number of pages, the persons to whom they arc sent, whether said publication is distributed ~:ratuitously or upon subscription, the purpose and object of such publication, and whether or not the same is employed to advocate and carry on a propaganda to promote measures pending in Congress, and whether or not the department publishes such periodicals for the purpose of advocating legislation whic.h it desires to be enacted by Congress ; whether conferences or conventions have been held at the instance and invitation of the Department of the Interior to promote legi lation pending in Congress, and whether funds of the Government have been used to arrange for or pay the expen es of suc.h conferences or conventions and the amount of funds used for such purposes.

POWER OF THE SENATE OVER TREATIES.

l\lr. THOMAS. I ask unanimous consent to introduce into the RECORD a very short article from the pen of former Gov. Simeon E. Baldwin relating to the power of the Senate in the making of treaties.

The VICE PRESIDENT. Is there obje tion? Mr. MOSES. What is the request?

· l\Ir. THOMAS. The request is for the publication of a very short article by former Gov. Baldwin, of Connecticut, relating to the treaty-making power of the Senate.

Mr. MOSES. To be published as a document? Mr. THOMAS. Oh, no; in the REcoRD. l\1r. MOSES. In view of the anno1mcement that I have sev

eral times made before, I a.-k that it go to the Colil.Inittee on Printing.

Mr. THOMAS. I di<l not understand the Senator's remark. Does the Senator object?

Mr. MOSES. I have stated se.veral times that utterance;- by Senators or the Presideni: of the United States would not be met by uny objection from me, but utterances of other perfi.Ons which are pre ented here for printing in the REOORD or as a public document I should venture to ask might be sent to the Committee on Printing.

Mr. THOMAS. Very good. Of course, I am a\Yare I am not able to have the order made at this time in the presence of the objection.

The VICE PRESIDENT. The article will be referred to the Committee on Printing.

HOUSE BILL llEFERRED . H. R. 4226. An act making appropriations to provide for the

expenses of the go,ernment of the District of Columbia for the fiscal year ending June 30, 1920, and for other purposes, wa read twice by its title anti referred to the Commit tee on Appropriations.

TnEATY OF PEACE.

l\Ir. HITCHCOCK. I ask to have the following cablegram from President Wilson read.

1\Ir. BRA.l~EGEE. I suggest the absence of a quorum. The VICE PRESIDENT. The Secretary will call the roll. The Secretary called the roll, and the followin o- Senators an·

swered to their name~ : .Ashurst Borah Brandegee Capper Chamberlain Culberson Cummins Curtis Dial Dillingham Elkins Fall Fernald Fletcher

France Frellnghuysen Gay Gronn.a Hale Harding

~~~i.~~n Hitchcocl;: .Tohnsoll, Calif. .Tones, N. Mex. .Tones, Wash. Kellogg Kendrick

Kenyon Keyes King Knox La Follette Len root Lodge McCumber McKellar MeLea.n McNary Moses Myers Nelson

New Newberry Non is Nugent Overman Pa(;e Ph1pps Pittman Poindexter Pomerene Rerd Sheppard Sherman Smith, .Ariz.

lg19. CONGRESSIONAL RECORD-SEN ATE. 781 Smith, Md. Sutherland Smoot Swanson Spencer Thomas Sterling Trammell

1\Ir. DIAL. I wish to SMITH of South Carolina] his family.

Underwood Wadsworth Walsh, Ma1>S. Walsh, Mont.

Warren Watson

announce that my colleagile [Mx:. is detained on account of illness in

The VICE PRESIDENT. Seventy Senators have answered · to the roll call. There is a quorum present. The Secretary will read.

The Secretary read as follows: PAniS, June '1, 1!119.

TUMULTY, _ White House, WaBhington. Please convey the following to Senator HITCHCOCK: " I am heartily glad that you have demanded an investigation with

regard to the possession of texts of the treaty by unauthorized persons. I have felt that it was highly undesirable officially to communicate the text of a document which is still in negotiation and subject to change. Anyone who has possession of the offi.cial Engiish text has what he is clearly not entitled to have or to communicate. I have felt in honor bound to act in the same spirit and in the same way as the representatives of the other great powers in this matter, and am confident that my fellow countrymen will not expect me to break faith with them. I hope the investigation will be most thoroughly prosecuted."

- WOODROW WILSO:<l.

1\!r. BORAH. Mr. President, it seems to be beyond controversy at this time that this treaty is now being published in practically all of the countries abroad. Certainly copies are being ~rculated throughout Germany, Norway, Sweden, Holland, Belgium, Denmark, France, an-d probably England. I enta·tuin no iloubt myself that the.re are a numbel~ of copies in this conn~, which I think the in'"estigation which the President properly indorses and asks to be made thorough will undoubtedly establish.

My desire, l\Ir. President, has been from the beginning to have a copy of this treaty. As I said the other day, had the treaty been confined to making peace with Germany I shoul<l not be as deeply interested in that part of it; but I am deeply interested in the league of nations, which is interwoven with the .treaty, and therefore I have made every effurt within my power to secure a copy of this treaty. _

I have in my possession this morning a copy of the treaty, which I am going to ask permission of the Senate to print as a Senate document. I am permitted to make this treaty public by the consent of those who gave it to me. The particular copy which I am offering this morning was brought to this CQuntry by Mr. Frazier Hunt, the staff correspondent of the Chimgo. Tribune. It was taken to the Chicago Tribune office last week and retained there for some time, just how long I do not know. but the Tribune felt, for patriotic reasons, that it ought not to print it . on its own initiative and without first having presented th"C treaty to the officials in Washington, and so withheld the printing of the treaty.

The treaty was brought to Washington lust afternoon and delivered_ to me as a member of the Committee on Foreign Relations. I entertain no doubt that it is a true .and correct copy, and I ask unanimous consent that the same be printed as a Senate document.

Mr. THOMAS. Mr. President, a few moments .ago I asked permission to introduce into the REOOBD a very short .statement by a very eminent citizen of this country, to which objection was made. In view of that fact, 1 object to the unanimous consent at this time.

1\fr. SHEPPARD. Regular order! Mr. BORAH. I move that the document which I have, whi.eh

purports to be, and I entertain no doubt is, a true copy of the treaty of peace, be printed in the REcORD.

The VICE PRESIDENT. The question is on the motion of the Senator from Idaho. [Putting the que tion.] The ayes seem to h-a. ve it.

Mr. PITTMAN. I ask for the yeas and nays. Mr. NORRIS. Let us have the yeas and nays. The yeas and nays were ordered, and the Secretary proceeded

to call the roll. Mr. FLETCHER (when his name was called). I have a gen

eral pair with the junior Senator from Delaware [1\h·. BALL]. In his absence I withhold my vote.

Mr. KELLOGG (when his name was called). I have a pair with the Senator from North Carolina [Mr. Siln.wNs]. I do not see him present and theref-ore "\\-itllhold my vote. If permitted to vote, I would vote " yea."

Mr. LODGE (when his name was called). I have a general pair with the Senator from Georgia [Mr. SMITH]. Under those circumstances I withhold my vote. If at Uberty to vote, I should vote "yea."

Mr. STERLING (when his name was called). I have a general pair with the Senator from South Carolina [Mr. SMITH] and "ithhold my \Ote. If at liberty to Yote, I should vote "yea."

Mr. TRAMMELL (w.hen his name was called). I have a pair with the Senator from Rhode Island [1\.fr. CoLT], which I transfer to the Senator from South Dakota [Mr. JoHNSON] and vote "nay."

Mr. WATSON (when his name was calJed). I have a general pair with the senior Senator from Delaware [Mr. WoLcoTT]. He is absent and I am unable to obtain a transfer. I therefore withhold my vote. If at liberty to vote, I should vote "yea."

Mr. WILLIAMS (when his name was called). I ha-ve a pair with the Senator from Pennsylvania . [Mr. PENROSE]. Transferring that pair to the senior Senator from Virginia [Mr. MAn.TlN] I vote "nay."

The roll call was concluded. Mr. FLETCHER I transfer my pair with the junior Sena

tor fTom Delaware [1\lr. BALL] to the senior Senator fTom Tennessee [1\Ir. SHIELDs] and vote "nay.'1

Mr. LODGE. I am able to transfer my pair with the Senator from Georgia [1\fr. SMITH] to the junior Senator from New Jersey [l\Ir. EDGE] and vote. I vote "yea."

Mr. KIN"G. I wish to announce that the Senator from Arkansas [Mr. K.!.RBY], the Senator from Oklahoma [l\Ir. OWEN], and the Senator from California [Mr. PHELAN] are detained on official business.

Mr. HARRIS. My colleague the senior Senator from Georgia [l\fr. S.:ill:TH] is detained from the Senate by death in his family.

Mr. McKELLAR. I wish to announce that the junior Senator from Delaware [Mr. WoLCOTT] and the senior Senator from Arkansas [1\Ir. RmnNSON] are detained on public business.

Mr. CURTIS. I have been requested to announce the following pairs:

-The Senator from New York [liir. CALDER] with the Senator from Rhode Island [Mr. GERRY] ;

The Senator from lllinois [Mr. McCoRMICK] with the Senator from Nevada {Mr. HENDERSON] ; and

The Senator from Michigan {1\Ir. TowN.SEND] with tl1e Senator from Arkansas [Mr. RoBINSON].

The re~mlt was announced-yeas 47, nays 24, as follows:

Ashurst Beckham Borah Brande gee Capper Chamberlain Culberson Cummins Curtis Dillingham E2kini! Fall

Dial Fletcher Gay Hartis Harrison Hitchcock

YE.A.S-47. Fernald France D'relingbuysen Gronna Hale · Harding Johnson, Calif. Jones, Wash. Kendrick Kenyon K-eyes Knox

La Follette Len root Lodge McLean McNary Moses Myers N-elson New Newberry .Norris Page

NAYS-24. Jones, N. 1\Iex. King MeCu.mber McKellar

Jugent Overman

Pittman Ransdell Sheppard Smith. Ariz. Smith, Md. Stanley .

NOT VOTING--2;1. Ball Henderson Penrose Bankhead Jo.hnson, S.Dak. Phelan Calder Kellogg Robinson Oolt KiTby Shields Edge M-cCormick Simmons Gerry Martin Smith, Ga. Gore Owen Smith, S. C.

So :Mr. BoRAH's motion wa · agreed to.

Phipps Poindexter Pomerene Reed Sherman Smoot Speneer Suther larul Wadsworth Walsh, ltiass. Warren

Swan on ThOm.as Trammel Underwood Walsh, Mont. Williams

Sterling Townsend Watson Woleott

Mr. UNDERWOOD. :Mr. President, I wish to ·ay only a word in reference to the vote which has just been taken which I did not have tfie opportunity to do during the roll call

Like all tile other Members of the Senate, I am intensely interested in what is in this treaty, and should be glad to see the o.ffi.eial copy at the earliest possible moment. I voted against publishing in the RE.conn the document as presented by the Senator from Idaho [Mr. BoRAH] for this reason: I have great confidence in the Senator from Idaho and I know that he "·ould not offer a document to the Senate thftt he did not belie>e was the official copy, but there is no evidence which has been given to the Senate in either the remarks of the Senator from Idaho or by investigation of one of the committees of the Senate, that this is a true and oflieial copy of the treaty that has been made up in Paris. If it is, there will be no harm done; but if it is not and it goes QU.t to the country with the sanction of the United States Senate as a part,JJf the arm that appro\es this tJeaty, that the -document that is published in the Co}'GRESSIDN AL REcORD is the official copy that has been agreed on in Paris, and there should turn .out to be clauses in it that are not accurate or whieh are misleading, it may cause great harm • in the country. For that reason I thought it the wiser part to v;i.thhold. the publication of the treaty as an official document

782 CONGRESSIONAL RECORD-SENATE. JUNl~ 9,

until we knew ab. olutely and beyond peradventure that we had an official copy.

Mr. WILLIAMS. 1\lr. President, in addition to what the Senator from Alabama has said, I desire to say that there is another reason wily tilis document should not now be published. In the negotiation of t reaties, prior to their final making, the party who repre ents the United States officially under the Constitution is the President of the United States, the executive department, and as the Senator from Idaho knows from a communication addres ed to the White House from the President, which was this morning given to the Committee on Foreign Relations and which I suppose will be published this afternoon, the President states that by agreement with France and Great Britain the treaty was to be withheld until it had been finally negotiated. That means, of course, until Germany has had her say about it and we have bad our say about modifying the treaty in accordance with the wishes of Germany or for reasons of our own. So, in addition to the reasons given by the Senator from Alabama, there is the grave reason of this being a piece of bad faith upon the part of a part of the United States Government when that part of the United States Government that is authorized to make agreements of a preliminary or negotiatory character with foreign governments had made an agreement, and had communicated that agreement to a committee of this body, or rather bad communicated it, and it had · come to a committee of this body.

Mr. BORAH. Mr. President, I simply desire to say that I omitted to state that this document is printed both in French and English text. Of course, I only desire the English text printed. I should have stated that.

Mr. l\fcCillfBER rose. Mr. BORAH. If the Senator from North Dakota wishes to

make some remarks, though I have another motion to make, I shall make it after he shall have concluded.

The VICE PRESIDENT. The Senator from North Dakota. Mr. 1\fcCUl\fBER. Mr. President, I only desire to say that

for 20 years I have consistently voted against making public any treaty that was under negotiation until it came to us as a completed contract between the nations. I have done so on the ground, first, that until it came before the Senate it belonged peculiarly to the Executive branch and not to the Senate, and, secondly, because I have considered that the better relations between nations demanded that a treaty be disposed of by the delegation or other authority that bad to deal with it before it was given publicity. Ttlis being my view in all of the time past, I can not change it with a change of administration.

Mr. POMERENE. Mr. President, as explanations seem to be the order of the moment, I desire to say a word. I have bad no sympathy whatever with the movement afoot to get prematurely a copy of this treaty. I believe in the orderly course of events we should await the time when the treaty comes to us through the regular channels. At the same time I am just as anxious to have first-band knowledge of this treaty as any other Senator can be, and at the earliest moment practicable.

My reason for the ·vote I have just cast is this: It has been said that this treaty has been published in other countries. Just before the Senate was convened this morning I was advised that the treaty bas been, or is to be, printed by one of the leading journals in New York City. That being so, I could see no reason why everybody outside of this Chamber should have access to a copy of this treaty and Senators not have it before them in the CONGRESSIONAL RECORD.

I think it is unfortunate that the treaty has been made public at this particular time, but at the same time, as it has been, or is about to be, made public, I can not understand why it should not be printed in the RECORD.

1\lr. 'VILLIAMS. Mr. President, before the Senator from Ohio sits down, I desire to ask him a question. I understood him to say that he thought it unfortunate the treaty had been made public. I want to ask him if he does not think he has made a mistake of language there? I suppose be means the negotiations up to date, for the treaty has not been completed, and will not be completed until it has been signed not only by one side to it but by the other side. Everybody knows that constant changes are being made every day or two in it.

Mr. POMERENE. 1\Ir. President, I think that my words were fairly intelligible. Of course this document is not a treaty in the legal, technical sense; it is perhaps negotiatory in character; but such as it is, <I think we all understand it.

Mr. WILLIAMS. Because a newspaper guesses from what has gone before what shall follow, guesses from the negotia-

• tions as to what shall be a treaty, I do not see why the Senate of the United States, a calm, deliberative body, partially national and partially international in its functions, should take the newspaper view of the matter.

Mr. HITCHCOCK. Mr. President, if the Senator from Idaho will permit me, I desire to say that I f~el there is probably an exaggeration of the importance of whether this document is made public or not; but it seems to me beneath the dignity of the Senate of the United States to cooperate with the German Government in endeavoring to make this public for the purpose of throwing a monkey wrench into the negotiations.

We all know that this treaty was first made public in Germany; that the German Government did it for a purpose; that the purpose of the German Government was to interfere with the negotiations and the settlement; that the German Government did it for the purpose of getting better terms; and the majority of the Senate of the United States is deliberately cooperating with the German Government in that direction.

Mr. SWANSON. 1\Ir. President, to emphasize further what has been said, it appears that but a few days ago the Senate passed a resolution asking the President, if not incompatible to the public interest, to send the treaty here. Now, before a response is made to that resolution, before it could be answered, the Senate undertakes to publish what purports to be a copy of the treaty. It seems to me common respect for the resolution which has been sent to the President would certainly have induced this body to have waited until a reasonable time until they bad obtained his answer.

I wish to emphasize the fact that, without waiting for a response from the President to the request addressed to him, this course is taken by a vote of the Senate. The President said that he was committed and in honor bound not to give the treaty out without the consent certainly of those with whom he had made the agreement. He bad the authority to make such an agreement, because the treaty is at his disposal until transmitted here. It seems to me a remarkable piece of disrespect to the President, in order to nag and worry him, to take this unprecedented course before he could even answer the resolution sent to him by the Senate.

Mr. NORRIS. Mr. President, instead of throwing a monkey wrench into the machinery, this action of the Senate is simply carrying out the newer doctrine of " open covenants, openly arrived at." There are two propositions contained in that statement; one is that the covenants should be open when they are reached, and the other is that in reaching them all proceedings should be public. Most of the objections which have been made must base their merit, whatever merit they may have, upon the old doctrine that everything should be done behind closed doors; that all such business should be secret. But we bad a great statesman not long ago who overthrew that idea and who gave to the world the new doctrine that secret treaties were an abomination. I agreed with him ; I approved of that position, and the people of the civilized world approved of it. Whiie the treaty may be changed before it is finally signed, the existing draft of the treaty with Germany is one of the steps in arriving at a covenant, and the Senate'.s action makes it an open step.

To my mind it is no objection that Germany is now practicing the ·doctrine of openly arriving at covenants, and that therefore we should arrive at them secretly. If the doctrine is good, if it is right-and I believe it is-then every step in these negotia- · tions leading up to a treaty in which the people of all the civilized world are interested ought to be openly arrived at. It seems to me therefore that in the present highly civilized state of society the reasons for secrecy have no bearing whatever.

Mr. JONES of New Mexico. Mr. President, it seems to me that the question as to whether or not we believe in openly arrived at covenants can have nothing to do with the question on which the Senate has just acted. It is apparent from the message which we received from the President this morning that, in his opinion, this treaty should not be given any publicity at thi~ time; at any rate, this document, alleged to be a copy of the treaty, should not be given publicity. All the reasons for that we can not know; but we do know that the President is upon the ground; we do know that be is advised as to the reasons as to why this should not be done. There is no evidence here that this purported copy comes through Germany. We are ~dvise<l by the Senator from Idaho that this purported copy is printed in both English and French. How it was obtained we ha\e no evidence; but we do know, from the statement given us thi morning by the President, that it bas been obtainetl in some way contrary to the wishes of the representatives of the United States, France, and England. ·we can only surmise that it has been obtained in a surreptitious manner, a manner not commendable, a manner decidedly improper and worthy of tile condemnation of the Senate. We are officially ad vi ed by tile- President that if any such copy is here it came over in an impro11er manner, and it has possibly been obtained through theft . Will the Senate of the UniteU State. put its· approval ur1ou a vetty larceny, a larceny whi<:h hns for its puq1osc interfe rence iu the

1919. CONGRESSIONAL RECORD- SEN ATE. 783 most important foreign affairs in which this eountry has ever Ueeu engaged? I submit, Senators, that this thing should not be tlone; that it is unworthy of the Senate and unworthy of our country.

l.\Ir. SMITH of Arizona. l\Ir. President, I do not wish to repeat if I can help it, any particle of the very strong statements made against the propriety of the Senate's action this morning. We know that somebody came into the possession of this treaty illegitimately. -So well does the Senate know it that it is press- · ing nn inwstigation to see who has been guilty of this crime against humanity-and I am not overstating the case. I am not surprised to see the humor of the antileaguephobists.

Mr. President, it is a violation of the ~o-reement of our commissioners in the formation of this b:eaty. We are a part of the treaty-making power. We are violating a confidence just as much as if we ourselves had been a party to the treaty; and now we insist on doing this, and for what purpose? We do not know whether it is the treaty or not. We know that the one negotiating it on the part of the United States is op.p.osed to its publication. In fact, so far as we know it is not the treaty. We have a right to infer that it is not the treaty, for there is no use in withholding it after it is completed; and yet the Senate, which is investigating the crime, has immediately vindicated the criminal by publishing the product of his thievery, and then holding an investigation, examining this very morning by what strange processes this treaty, or alleged treaty, ever came into the United States at all. · _

We know that it did come to the United States. 'Ve know that it did come through Germany, if the newspapers are correct, and that is all the information we ha\e as to it. We know that they first published it; and no matter who published it, no matter how he got it, n'o matter how correct ar incorrect it is, it is a piece of bad faith on the part of the United States as one of the negotiators of this treaty to come now and, as has been well said, probably throw a monkey wrench into the proceedings at this hour, thus carrying out the very purpose of those who do not wish this treaty to be ratified.

Mr. THOM..o\S. 1\.:Ir. President, I merely -wish to add to this post-mortem symposium the statement that I voted against the motion simply because· I did not think it was fair to play favorites in the introduction of documents off€"red for printing in the CONGRESSIONAL RECORD.

Mr. KIRBY. 1\Ir. President, I 'Wish to say that had I been present-and I was down at the War Department when the Senate voted, trying to find out the date of arrival this week of the Amphion, that is bringing home from France an Arkansas regiment, now the One hundred and forty-second Field· Artillerr-I should have voted against the motion to publish the alleged treaty in the Co~<mESSIONAL RECORD now.

1\Ir. F .ALL. Mr. President, I myself have a " single-track. mind," and I like to know what I am talking about if my intel-lect will allow me to grasp the subject. ·

I read with pleasure before it was introd1LCed, and then heard read with pleasure, the President's cablegram which will be a part of the prip.ted RECORD to-morrow, sent, not through the usual channels of communication with this body, the Department of State, or directly to one of the Senators who read it into the REconn, but through the President's secretary in the White House to one of the Senators, addressed personally in this body, and not through the State Departrilent at all. If there .was the slightest degree of impropriety in th~ Senator's offering this document for printing in the RECORD, he is responsible for such impropriety. I was glad to have read it b€fore it was read openly, and glad to hear it being read and made a part of the REcoRD. It justified my vote upon the question of printing in the RECORD the copy of the treaty offered by the Senator from Idaho. ·

I hold in my hand the copy of the cablegram from the President, addressed: TUMULTY,

White Hm~se, Wash-ington: Please convey the following to Senator HITCHCOCK : "I ' run heartily glad that you have demanded an investigation with

regru·d to the possession of the text of the treaty by unauthorized persons. I have felt that it was highly undesirable officially to communicate the text of a document which is still in ne~otiation and subject to change. Anyone who has possession of the official English text has what he is clea.rly not entitled to have or to communicate. I have felt in honor bound to act in the same spirit and in the same way as the representatiyes of the other great powers"-

And so forth. 1\lr. President, the investigation as to who has copies of this

treaty is proaeeding openly before the Foreign Relations Com· m.itte . This cablegram was presented to the di.fferent members of tlJnt committee this morning, and it is now in the record of the committee itself. 'r considered it an indorsement of the action of the Senate in ordering the investigation. As a lawyer

I can see no method by which we can ascertain whether there is first an official copy of the treaty in existence here in the United States or whethe1· there is a copy of the treaty which is correct, although not authorized or not official, unless we have a copy of the treaty itself, either of the one class or the other.

The President first is \ery careful to speak of the English copy of the text. He says that anyone who has. or claims to han'\ in his possession the official English text of this treaty has it in his possession without authority, and he wants it in\estigated. The Senator from Idaho [Mr. BoRAH] has presented what he says he is confident is a copy of the treaty in both French an(l English. The English translation could easily ha\e been mado from the French text ; and it need not cast any reflection upon the President or anyone in the White House whomsoever that the text is translated into English :::.s presented here, and, under the request of the Senator from Idaho, will be printed in the RECORD to-morrow in English. The Secretary of State has various copies of the treaty in his possession ; and he has the opportunity and doubtless will immediately cause an inve tigation to be made, when this copy which the Senator has offered is printed, to ascertain whether it is a correct copy by comparison with the official text which he has.

These are the conditions that exist here. The President has indorsed this investigation. How are we to carry the investigation on! The Senate is endeavoring to get copies of this treaty. That is a part of the resolution itself of the Senator from Nebraska# .endeavoring to get copies of the treaty which are in New York. One of them is presented here, and we are informed that it is a crime against humanity to have it printed !

1\Ir. KING. Mr. President, will the Senator yield? l\Ir. FALL. Just a moment. If there is a crime against hu

manity, I would be rather inclined to think that, in my judgment. it was entering upon the treaty. However, that is merely the judgment of one Senator. The treaty itself might be a crime against humani1T, but the public;ity of it could not be.

I yield to the Senator. Mr. KING. Does the Senator think it is fair to state that

the investigation was for the purpose of getting the treil-ty or ·copies of the treaty? Was not th~ investigation fo1· the purpose of ascertaining bow the stolen copy came to this country?

Mr. FALL. Oh, certainly, certainly. That is one of the purposes of the investigation. The proceedings of the b-,oreign He~ations Committee were open ; a stenographer and newsp:wer men were in attendance; and therefore I am betraying no confidence at all in the statement which I ha\e made. The Senator will have an opportunity to read the proceedings of the Foreign Relations Committee, which -will be printed from time to time.

Mr. FLETCHER. Mr. President, may I ask the Senator a question?

Mr. F .ALL. I yield. 1\fr. FLETCHER. Is it not to be conceded that if this alleged

copy came into the hands of the representative of the newspaper as stated, it must have come to -him with knowledge of the understanding that it was not to be made public until completed, and therefore is it not a breach of faith on his part to make it public or to communicate it to anyone else who might make it public, and is not the Senate in the position of being particeps criminis to that sort of breach of faith?

1\Ir. FALL. 1\fr. President, I did not catch the last part of the Senator's question. . .

Mr. FLETCHER. Conceding that the alleged copy was not stolen, but was delivered to a newspaper correspondent, it must have been deli\ered with the knowledge that it was not to be made public or communicated to anyone else until it was finally completed.

M-r. FALL. Oh, no, Mr. President; I do not so unde1·stand at all. This is not an official copy of the treaty until it is transmitted to this body, as has been said by those who have been opposing its publication until it has been transmitted to this body by the President. Now, anyone who has an official copy of that treaty in his possession in the English text, the President says, did not obtain it by his authority or is nat authorized to gi\e publicity to it. We are simply publishing this treaty that the Senator has offered here for what it may be worth. The State Department is here to correct it, if in any 1·espect it is incorrect and does not compare word for word with the official text which it has in its possession. I claim that the President has indorsed the action of those who ha\e voted for the publication of this treaty, and necessarily so.

Mr. PITTMAN. 1\rir. President, I \\Ould have moved to refer this matter to the Committee on Foreign Relations if I had had the slightest doubt that the motion would be defeated.

There was a public meeting of the Foreign Relations Com· mittee this morning for the purpo:~e of conducting hearings to determine wh-ether or not there is an authentic copr of the

784 CONGRESSIONAL -RECORD- · SENATE~ JUNE .9,

treaty as far .as -it has . progr~sed. · The Senator from Idaho[ Mr. Bor. . .HI] was before that committee for the purpose of giving the committee information upon which to base that inquiry. In my opinion, it was the duty of the Senator from Idaho to present this alleged copy of the treaty to that committee if he intended to present it to this body, so that that committee might determine its authenticity. If he believes that this is an authentic copy of the treaty as it now exists, it should at least be submitted to tile committee that ·now has under hearing the very question; and I want to say further, without any violation of the confidence of the committee, because it was all public from the very beginning, that the question came up as to whether or not the committee would do anything at this time that might lead to the publication of a

. copy of the treaty, and the committee decided not to do it. Mr. BOHAH. Mr. President, the Senator will be remintled of

the fact that the Senator from Idaho stated that the committee could not bind him by any such action.

1\fr. PITTMAN. Then the Senator from Idaho is the only member of that committee \1·ho is justified in an affirmative vote, because the actinoo chairman of the committee, the Senator from North Dakota [ lr. l\fcCUMDER], asked whether or not the subprena duces tecum was intended to bring before the commit-

-tee the copy .of treaty alleged to be i~ e::\..i.stence in this country, and it was then decided that it was not wise to make public the treaty at the present time, if one did exist, by bringing it publicly before that committee, but that the committee would determine later, after ascertaining whether there was an authentic copy of the treaty in existence in this country, whether or not they would make it public. It was then that the Senator from Idaho ·stated that as an individual member of that committee he would not be bound by any such understanding; but he was the only Senator there who relieved himself from the consensus of opinion of the committee.

Mr. FALL. 1\Ir. President, will the Senator yie:d a moment? Mr. PITTMAN. I yield. Mr. FALL. Did not the Senator bear the statment made by

the Senator from Connecticut [1\Ir. BRANDEGEE] that there was a copy here, and that it wo-uld be presented at 12 o'clock?

Mr. PITTMAN. I beard no such statement at all, and I think the record will bear me out that the Senator from Connecticut ·stated that on the meeting of the Senate he would state who did have a copy.

Mr. SWANSON. Mr. President, if the Senator will permit me--

1\Ir. PITTMAN. The reason why I would not think the Senator from Connecticut would come upon this floor and present a purported copy of the treaty, after that meeting which he attended, was because. he stood silent when the chairman asked if it was the consensus of opinion that the subprena duces tecum should not include the treaty, and continued to remain silent after the chairman declared such would be the order.·

Mr. llRAJ\TDEGEE. Mr. President--Mr. PITTMA.l'l'. And the chairman asked with regard to

the tmderstanding because it was suggested that the committee should decide whether or not any copy of the treaty should be made public before it was made public officially, and the Senator from Connecticut did not except himself from that understanding as did the Senator from Idaho. I yield to the Senator from Connecticut.

l\1r. BRANDEGEE. I do not want the S~nator to yield and I do not desire to interrupt him. I simply want to say that I will answer when he concludes his remarks.

l\Ir. PITTMAN. Very well. However, I think the record will bear me out in the statement that the question was de. liberately suggested by the chairman, or rather the chairman askeu of the committee, whether they intended to include in the subprena duces tecum, which was intended to bring in all p~pers bearing on the possession of the copy of the purported tre::rty, the copy of the treaty itself, and if it was the intention of the committee to permit the alleged treaty to become public through such bearings. It was contended then by Senators present that to take that means of violating the agreement of tl1e President of the United States would be improper.

Mr. SWANSON. If the Senator will permit me, I think the Senator from New Hampshire [Mr. MosEs] was present and stated that he would not favor making the treaty public unless it was officially received from the President, if I recollect correctly the discussion in the Committee on Foreign Relations.

Mr. PITTMAN. But the record will bear me out, and it is a public record, that it was distinctly understood that we would subsequently determine as a committee whether or not publicity should be given to any copy of the treaty that the committee might uncover. In fact it was suggested at that very meeting that the first thing to determine was whether or not

there was an authentic copy, then the committee would determine the advisability of making it public. · Now, in violation of that understanding several members of that committee who were parties to that understandillg have come ·upon the floor here and have '\"Oted to make public what is claimed to be the very treaty that they said should not be made public until after the committee had an opportunity to pass upon it. ·

If the Senator from Itlaho [l\Ir. BoRAH] has what he believes to be a copy of the treaty as it now exists in his possession, he should have presented it to the committee which "·as in session this morning for the '\"ery purpose of in'\"estigating the charges made by the Senator from Idaho and tl;le Senator from Massachusetts. Did he fall to present it to the committee because he was afraid the committee would not find it to be authentic? Did he fail to present it to the committee because he had an idea that it might divert attention from charges made by the Senator to some other instrument, or tlid he refuse to present it to the committee because, in his opinion, the committee had already declared that they would not make the instrument public at this time? If the latter was his excuse, then I will admit be excused himself under his statement, but if the latter was his excuse then the vote of e'\"ery member of the Committee on Foreign Relations who was present on that occasion in favor of the publication of the treaty was a violation of the understanding we bad less than two hours ago ..

I hope there are Democrats on this side of the Chamber if there are not Republicans on the other side who, in view of the history of this transaction, will move to reconsider this matter. Having voted in the negative, I may not now under the rules.

!\IF. CHAMBERLAIN- Mr. President, if it bad been an original proPQsiti(Jn to submit a treaty- which was in course of negotiation for publication, I would have voted against it; but coming as it did after discussions that had been taking place from the Atlantic to the Pacific and from the Great Lakes to the Gulf of Mexico, with charges and countercharges, crimination and recrimination, by Democrats and Republicans and other citizens as well, it seems to me the people of America are entitled to know what it is all about and what is being put forth in New York and elsewhere as the treaty that is being negotiated by our representatives in Paris and those associated with them.

It is conceded on the fioor of the Senate, Mr. President, that this is not an official paper; that _it is not a completed treaty. It has been stated by the President in the cablegram that the official document bas not been given out, so with the American people fully understanding that the document which has been ordered published is not an official document, I can not see how the proceedings at Paris can be interrupted or interfered with by the printing of wbat purports to be a copy of the treaty, and which is concededly not.

Mr. PITTMAN. Mr. President--The VICE PRESIDENT. Does the Senator from Oregon

yield to the Senator from Nevada? Mr. CHAMBERLAIN. I yield. Mr. PITTMAN. Would not the Senator prefer, now that the

committee is in session for the very purpose of ascertaining the authenticity of this paper, to have it referred to the committee to determine that .fact?

Mr. CHAMBERLAIN. It is practically referred to the committee now. The whole subject matter has been referred to the committee and the committee has it within its power and it is a part of its duty, and I am sure with its membership it will do its .. duty, to ascertain the source from which this alleged document came: If it is a spurious document, or if it is a stolen one, or if some one on the inside has for a consideration in money or otherwise put it in improper hands, the committee will ascertain and report the facts.

I am unwilling to rest under the imputation, Mr. President, that the Sena:te by voting to print this- document becomes a particeps criminis to a fraud or to ·a theft. It is, I think, pretty generally conceded that this treaty, as far as it has been agreed upon, has been made public in some parts of Europe, and particularly in Germany; and if it is being discussed by the people there intelligently with a record that purports to be partially official at least, why should not the American people be let into the same confidence of the powers that be as are the peoples over there?

I make no apology for my vote and I shall not make any for it in the Senate of the United States or elsewhere upon this or any other proposition involving the welfare of ~ country. I vote as my conscience dictates rather than as somebody .would have me vote upon these great questions which involve the very life of this Republic. To my way of thinking, there has been no question before the American people since the adoption of

1919. OONGRESSION AL RECORD-SEN ATE. ., . ' 785

the Constitution so important to America as is ihis proposed league of nations. I have been studying it as best I could, Mr. President, and have been undertaking to arrive at what it is right to do and as to what my conscience dictates should be done in the premises, and not what somebody wants me to do and not what it is best for my party or any party for me to do. I care not for party in this emergency. It is a national, rather, an international, question that is involved. WheD: the time comes to vote upon it I hope I may be able to support the league of nations; but when it is construed in connection with the treaty between all the signatories, which is to be a part of it,

- and. which nobody as yet knows much about, I may not be able to support it; and if I am not, I shall make no apology to anybody. I shall do at the proper time what seems to me to be right under all the circumstances and under my oath of office as a Senator of the United States.

As I understand it, the league of nations and the peace treaty are to be one instrument and are to be construed together. We know what the league or nations is standing alone, but only the Almighty himself knows what the league of nations is going to be when the peace treaty has been finally agreed upon and has become a part of the league. I have heretofore not said anything about it because the proceedings in Paris are kaleidoscopic. They may mean one thing to-day and are entirely changed to-morrow. So until the league of nations and the treaty have been duly prepared and submitted to the Senate no Senator can tell conscientiously and truly what his duty ought to be to the American people under his oath of office. So I shall reserve my judgment, 1\Ir. President, until I can intelligently conclude from the paper itself and all the evidence available v;·hat that judgment should be.

Desiring, as I do, to support a league of nations which will assist in bringing about peace, I do not propose to commit myself absolutely and unqualifiedly until the representatives at the peace congress have themselves agreed and until I see what the terms of the treaty of peace are to be.

Mr. President, I had hoped when this war ended and the armistice was ·signed we would hear no more charges of disloyalty by any Member of the Senate or by anyone else against the Members of this body who were undertaking conscientiously to discharge their duty. But a distinguished Senator has suggested that the printing of this paper is aiding i.p. German propaganda. What nonsense! Some of the Senators here who have voted to · have the alleged treaty printed took quite an active part in seeking to destroy militarism in the German Empire, and it comes in very poor grace, it seems to me, to have anybody say that because some of us who were active in participation in that matter are voting now to have this document, which is recognized as not official, printed, we are undertaking to put forth German propaganda.

The American people are an intelligent people, and I honestly believe that if our representatives to the peace conference had taken all of America into their confidence from the start they would have been aided rather than injured in their efforts to negotiate a league of nations and a peace treaty.

Personally I think it is very unfortunate that the discussion of this matter has fallen into and along political lines, but it has. There is no use to close our eyes to the fact that pretty generally the Republicans are in opposition to the treaty while Democrats, without knowing what is in it, are supporting it, probably as an administration measure. I am sorry, Mr. President, that I can not accept everything that comes to us as an administration measure, simply because it is an administration measure. I hope I may be able to support the league of nations and the treaty of peace, but I shall determine my duty for myself when the whole and completed document is submitted here. I think the American people ought not to consider it as a political or party measure. I do not so consider it. I believe there are many-and a majority of our people-who will not so consider it: I hope it will be considered in a broad, statesmanlike way, and that when we come to vote we will not be influenced by passion or prejudice, or by the thought of party or partisan advantage. That whether it emanated from Democratic or Republican sources will have no part \Vith us in reaching a wise conclusion. Let it be said when the league and the h·eaty come to us and have been ratified or repudiated, as the case may be, the American people will feel and know that the Senate considered only the welfare of their country in reaching their verdict.

I felt it incumbent upon me to say this much, because I repudiate wholly the suggestion that those Senators who have voted to print this unofficial document are undertaking to aid in any German propaganda, or that they are parties in-any way to any wrong, if there has been any wrong, that has been perpetrated in procuring the document now under consideration. The

LVIII--50

welfare of our country, the fate of nations and of civilization itself, may be involved in what we are now doing, and everything ought to be done with deliberation and with the deepes~ sense of responsibility.

Mr. BRANDEGEE obtained the floor. Mr. POINDEXTER. Mr. President--1\lr. BRANDEGEE. I yield to the Senator from Washington. Mr. POINDEXTER. I would like to suggest to the Senator

from Oregon [Mr. CHAMBERLAIN] that my observation is that the Senators who are most forward in making imputations that other Senators are instigated by German propaganda are the same Senators who when the United States was actually at war with Germany were the last ones to support active war measures. One of them in particular, I remember, introdnceU a resolution here placing an embargo upon shipments of ammunition to those great nations that were fighting Germany and that afterwards became our allies in this war. Those who attempted to fa\or Germany in this way are the ones who now are so forward in charging other Senators with being influenced by Germany.

The VICE PRESIDENT. The Chair must come in at this point. This is going beyond the rule.

Mr. BRANDEGEE. When I yielded, I supposed the Senator was going to ask a question.

The VICE PRESIDENT. I know; but the Chair is getting alarmed, whether anybody else is or not. I want to call ·attention to the rule.

Mr. BRANDEGEE. I did not intend to yield the floor. The VICE PRESIDENT. The Senator will permit the Chair

to read the rule, which is as follows : No S1!nator in debate shall, directly or indirectly, by any form of

words imt>ute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.

Let us not go beyond the rule. Mr. POINDEXTER. Mr. Pre ·ident, may I make a parlia

mentary inquiry! 1.\fr. BRANDEGEE. I yiel<l to the Senator from Washington,

if I am not by yielding to lose the floor. The VICE PRESIDENT. The Chair is not criticizing anything

that has gone, but you are just getting to a point where you are going to break the rule.

Mr. POINDEXTER. . I am not going to proceed any further along that line or go beyond that point. But I was just going to make a parliamentary inquiry, since the Chair's ruling evidently has reference to my remarks. I ask whether it is n violation of a rule of the Senate to call attention to the fact that a Senator had introduced a resolution to place an embargo upon the shipment of ammunition to those nations which afterwards became our allies?

The VICE PRESIDENT. The Chair is not criticizing anything that has gone so far this morning, but it has just got to the point where we are going to have a row, and I am going to stop it before it starts.

1.\lr. POINDEXTER. I am very glad to stop at this point. The VICE PRESIDENT. The Senator from Connecticut will

proceed. Mr. BRAl.~DEGEE. Mr. · President, I am glad the Chair

called the attention of the Senate to the rule, although I do not think the Senate of the United States ought to require such a rule, because, being a body of gentlemen, Senators ought not to b~ reflecting upon each other's motives, and generally when they do they do not believe the charges themselves. I disagree with the Chair, however, when it suggests that nothing has happened this morning that the Chair could criticize, becauso I think when the Senator from Nebraska [1.\fr. HITCHCOCK] stood up here and accused Members of the Senate of being pro, German and cooperating with our enemies, that is a violation of the rule. But I care nothing about it, because I know he does not mean it.

Mr. HITCHCOCK. I meant exactly what I said. I do not need the Senator to vindicate me.

Mr. BRANDEGF..E. The Senator is crazier, then, than I thought he was. •

Mr. IDTCHCOCK. I did not charge anybody with being pro-German. I did not use that term.

Mr. BRANDEGEE. Whatever term the Senator used. Mr. HITCHCOCK. ·wm the Senator permit me to ask a

question? Mr. BRAl.~EGEE. I will. Mr. HITCHCOCK. Is it not a fact that Germany has used

every effort to make the treaty public? Mr. BRANDEGEE. I am not in the confidence of Germany

and know nothing about it. The Senator from Nebraska can state. [Laughter in the galleries.]

786 CO_ TGRESSIO_!_ -r .._\L RECORD-SEN 1\..TE. JUNE 9,

.'Tile VICE PRESID~~- The occupants of the galleries are not yet a part of the Senate :md must be in order.

Mr. HITCHCOCK. Does not the Senator know that in Great Britain, in France, and in Italy there is a scrupulous observance of the promise that has been made not t& give the treaty publicity. and that on the other hand Germany has no-t. only given it the widest publicity possible in Germany r but has sent copies into neutral countries, and according to the press reports has even sent co-pies to Senawrs of th~ United States? . When the Senate by a vote also declares that the treaty shall be made public, is it not doing exactly what the German Government is doing, uno is it not doing exactly the opposite of. what the nations as ociated with the United States are doing?

1\fr. BRANDEGEE. If the Senatm: had made those remarks in tlle form of a motio~ I should move that it be subdivided into four parts.

Mr. IDTCHCOCK. He did not make a motion; he asked a question..

l\Ir. BRA.l\TDEGEE. He asked four questions in one, and I shall endeavor to answer them seriatim, one at a time, in my own way.

First I do not know anything about what the German Government has done with the treaty or why they ha\e done it or whether they have had it published 01~ not. I know nothing about what has been done in France or England with the treatyt or whether it was published there. I know nothing about the treaty except what I h::rve seen in the newspapers. I am not in touch with tlle administration in reference to this matter. I have been trying to get some information, groping in the dark about it. The minute anyQne comes forward with omething we are: confronted with a determined effort to suppress it. even though it purports to be information, although we h::H~e just directed the Senate Committee· on Foreign Relations to, find out what we can about it. Does that answer the Senator's question?

Mr. HITCHCOCK. Not at all. 1\!r. BRANDEGEE. Ask it again. Mr. HITCHCOCK. Do.es the Senator que tion tlle universal

statement in the past that Germany has used every effort to make this treaty public,, not only ill Germany but in other parts of the world?

Mr; BRANDEGEE. I do not question it, I do not deny it,-and I do not admit it, fo:r I know nothing about it.

Mr. IDTCHCOCK. Then if th-e Senate of the Unitecl State.s takes that same com·se., is not the majority of tbe Unitecl States ~nate coopernting with Germany in trying to throw a monkey wrench intQI the machinery fo1· the benefit of Ger~any?

lUr. B::R.Al\TDEGEE. I am not familiar with mgnkey wrenches or with Germany. I do not know what the result of tlle action of the Senate of the United States may be. All I kn-ow is that the Presi-dent of the United States has sent a cablegram to Mr. Tumulty, wJlo appears to be the eon~nit through which the executive department now deals with the legislative branch, congra.tnlating the Senator from N eb.raska on his efforts to asc~rtfiin how tllese alleged copies of the treaty have escaped from tlle rules which the President laid down for their controL He wants to go to the bottom of it, and he says if there is. any official English text that has escaped his eagle eye it has been obt~ined by improper methods. I do not know anything about that. I do not know whether this is an official English text or ngt. The Senator :from Nebraska the other da.y stated what I read from page 694 of the Co~GRE SIONAL RECO.RD:

Mr. HITcncncK. I can ee- no great moral boast in that-

peaking of the Senator from Massaehusetts [l\Ir. LOD&E]u he Ileld the treaty in his hands he held stolen goods-goods probably secured by bri-bery.

I neYer lla.\e had the highest opinion of this administration, but never in my wildest fancies have I intimated that they could be bribed to give out a treaty. If there is any evidence- ot that, I hope the Senator from Nebraska will produce it before the committee which is investigating. it.

l\1r. President, what doe this committee propose to do. I read from the resolution which the Senate passed:

Particulftrly to ascertain and report to the Senate the ruunes of the persons, corporations, or inteTests which have secured copies of said treaty, ::uu1 from whom they were secured and by what method~ and nl o to n.scertain a.nd report to the Senate in what manner and to what extent said interests nrc particularly interested in said treaty.

How can we perform that duty unless we have the treaty? W a1ve instructed to find first who has it; second,. what tlle interests of the partie are in the treaty. The Senator ·from IdallO· promptly produced the tJ;eaty. It is the oniy one I know about. The ~en a tor;- who clamored to inv stigate about the treaty promptly ''anted it suppre sed, whe-n their own in. tnt •-ti n arc <:arrin l out without any effort on their part. Tl H' Seunto1· fro111 ~L''"<t Lh1--

r..Ir. PITTMAN. Mr. President--Mr. BRANDEGEE. No; I do not yield. The Senator from

Nevada [Mr. PI'J."'I'MAN] comes in here and berates the committee and berates the Senate because of this purported treaty which, if incorrect, can be denied in five minutes by the Secre· tary of State. He, the Secretary of State, says he has 35 originals down there ; it would not take him very long to com· pare. this with one of the 35 originals, and if this is not one of the originals. he can say so. and nobody will be deceived.

The Senator from Nevada says this treaty should have been refen-ed to the Cmnmittee on Foreign Relations so that they could state whether or not it was authentic before it was printed. How can we tell whether or not it is authentic? How can you establish the authenticity of a paper which purports to be a copy of another paper unless you s~ that other paper and compare it? We are not allowed to see the other paper r

The Senator from Nevada says that the Committee on Foreign Relations this morning,. as will be disclosed by the record when these hearings are published-the newspapeJ.·. correspondents were there, and a stenographer was there-Yoted not to make the treaty public.

1\lr. PITTMAN. Mr. President--1\Ir. BRANDEGEE: I yield to the Senator from Nevada. Mr. PITTMAN. The Senator is in error. I did not say

"voted." Mr. BR.Al~EGEE. The Senator aid it was the consen us

of opinion, did he not? Mr. PlTTMAN. ·Yes; r poke of th~ manner in which it was

obtained. Mr. BRANDEGEE. The record will show what the com

mittee did. I am not so confident of my m ntal uperiority over that of the-Senator from Nevada as to set up my judgment against ll.is or my recollection. against his. The record will show it. My recollection of what was said and done was that the Senator from North Dakota [Mr. McC'ID!BER], who was temporarily · presiding over the committee, while we are indicting the Senator from Massachusetts [1\Ir. LonGE], our rCt,<TUlar chairman, said, after we had passed the motion ordering the subprenaing of certain persons and the production of certain papers, " the understanding of the Chair- is that that includes the production by them of a copy of the treaty, if they have it." There was some informal tliscu sion about that, arul I said :it did not seem to me to b~ n.ece sary for them to produce. their alleged copies of th.~ treaty unle s they wanted to. do so, but if it became nece sn.ry at any time all we would have to do would be to issue an additi-onal subprena to them to bring the copies, if we wanted them. The question of making the treaty public was never mentioned in the committee.

Mr. PIT.rMAN. It was decided, was it not, not to include the treaty among the paper required to be produced under a subprena duces tecum?

1\Ir. BRANDEGEE. The Senator rebuked me a minute ago by saying that it was decided. Nothing was decided.

Mr. PITTMAN. L say the c.lillirman--Mr. BRANDEGEE. The consensu of opinion was that we

should not include in the snbprena duces tecum any r quest for a copy ot the treaty, as I understood it.

Mr. PITTMAN. Yes; that was the understandinrr. 1\fr. BRANDEGEE. We are agreed about that; so there is

no- rebuke about that, and there is no VaJJiation between the conduct of the Senate this morning in ordering some othe1· alleged copy of the treaty to be publislleu in the REconD and in the action of the committee in deciding 11.0t to summon som~ other copy of the treaty from some: other source.

Mr. President, the committee having sent to us in what appears to be a bona fide and legitimate way the purported co.py of the treaty, it is manifestly just as impossible for the Committee on Foreign Relations to pTonoun.ce upon its authenticity as it would be for any Senat01~ on this" ftoor to do so, unless we have the authentic copy to compare it with. The State Department is full of them, as I have stated.

Mr. WILLIAMS. Mr. President--The VICE PRESIDENT. Does the Senator from onnecticut

. yield to the Senator from Mississfppi? Mr. BRANDEGEE. I yield. Mr. WILLIAMS. I tmderstood the Senator from cOnnecticut

to say u in what appen.red to be- an authentic and correct way." Would he mind explaining to tile Senate how it appears that it is either autltentic or correct?

Mr. BRANDEGEE. What I mean by that i , that from the statement of the Senator from Idaho [1\.Ir. BoRAnJ it appen:red to me to be a bona fide and correct copy.

Mr. WILLIAMS. I heard nothing in the tatement of the Senator from Idaho that even tended to how that it was

1919 .. CONGRESSIONAL RECORD- SENATE. 787 J

either authentic or correct. He merely stated that he had gotten it from a newspaper, I believe, or some other source.

Mr. BllANDEGEE. The Senator from Mississippi does not always hear what is said.

Mr. WILLIAl\.fS. No; I do not. 1\fr. BRANDEGEE. I am not attempting to quote the state

ment 9f the Senator from Idaho Yerbatlm. It is in the REcORD; though not yet printed, the stenographers ha\e it; but I understood him to say that this copy of the treaty was one procured by represenatives of the Chicago Tribune in Paris or elsewhere in Europe--,Yhether it was in Paris or not I do not rememberand that it was brought to this country directly to the Tribune.

1\fr. WILLIAl\iS. I heard that. Mr. BllANDEGEE. And I understood the Senator from

1\Ia achusetts to say, either on the floor or in conversation, that he had no doubt about its authenticity, because it looked ju t like the one he had seen over in :New York. They may be all forgeries for aught I know. If they are, l\Ir. rolk will know it at once, and he can denounce them as such.

Mr·. WILLIAMS. They may be copies made by some person from some instrument which he thought was the treaty and which may haYe been the treaty; I do not know. ·

1\fr. BRANDEGEE. It may have been so. Mr. WILLIAMS. But to assert that this appears to be au

thentic and correct when there is no phenomenon and there are no phenomena to show its authenticity and correctness-it is the mental conclusion of the Senator from Idaho and the personal opinion of the Senator from Massachn etts-is drawing it pretty strong.

Mr. BRANDEGEE. I do not ask the Senator from Mississippi to accept their opinions. All I say is that these copies turn up from time to time; that they look alike; that one page of them is printed in French and the other in J.~nglish, and they appear to be off the same press. Of course, I have no doubt, Mr. President, that they were given out by the peace commis~ion in Paris generally; I have no ·doubt many of them were brought to this country, and, I think, for . perfectly legitimate purposes. I do not think there is any scandal about their being brought to this country.

Mr. WILLIAMS. If my friend will excuse me a moment! very much dislike to interrupt the Senator when he is talking-the Senator knows that from old experience--

Mr. BRANDEGEE. I know how miserable it makes the Senator.

l\:lr; WILLIAMS. But when the Senator sa~·s he has no doubt these documents were given out by the peace commi sion he undoubtedly does not mean that--

1\lr. BRANDEGEE. I do mean it. Mr. WILLIAMS. Because the peace commission has said

that it would not give them out. The President has entered into an agreement with France and England, through the committee of the peace commission, that they should not be given out. I suppose that the Senator means this: That perhaps some member of the peace commission or some official of the peace commission or some subordinate of the peace comission has given them out.

Mr. BRANDEGEE. Kow, the Senator has said what he sup· poses I mean and I will state what I do mean. I think I am the best judge of what I mean.

Mr. WILLIAMS. The Senator is the best judge of lrhat he means; but I do not know whether ·or not he is .the best judge of what the circumstances mean.

l\Ir. BRANDEGEE. I do not pretend to be. I will let the Senator be the judge .of that. What I mean is this: I know nothing about it whatever and have no information from headquarters, so I am compelled to grope in the dark--

Mr. WILLIAMS. That is simply what the Senator is doing. Mr. BRANDEGEE. Very likely. I am trying to get some

light by having this alleged treaty printed, and I am using the best brains I have got to put myself in the other fellow's place over there and see what I should probably do.

Mr. WILLIAMS. No man can use better brains than the Senator from Connecticut, even when he is groping in the dark.

l\Ir. BRANDEGEE. Yfhat I suppose happened was. this: That in concocting this tremendous treaty, involving the financing of Europe by America, the peace commissioners had to consult with the fellows who controlled finances and financial interests in order to get the money to finance the people they wanted to help.

Mr. 'VILLIAl\lS. '\e know that, because they had a regular finance committee.

Mr. BRANDEGEE. No"·· then, I suppose that in order for these financial inter sts to say whether they would undertake this great burden and put up the money and take the bonds of these countries, they \Yantell to know "~utt the treaty provision

was by which they should do it ; whether they woul<l be provided for if they put up the money. I suppose so, though I do not know anything about it. .

l\Ir. WILLIAMS. That supposition is exactly just. Mr. BRANDEGEE. I think it was quite proper. I do not

believe the President was going off in the dark to make a treaty out of his own head, without knowing whether the financial provisions of it could be carried out. I think probably copies of thLo:; treaty were giYen out-not published-but were handed. by the peace commissioners or their agents to certain people for their perusal, and that they were not intended to be made public. That is my opinion; but it is a mere guess. The copies have, however, been gi\en out -very generally; and evidently the gentleman to whom they were given, being chosen by the President or his advisers with their usual judgment about the kind of men they \Yould trust, being good judges of human nature, the copies got into the wrong hands; the recipients did not regard the confidence reposed in them, and copies of the- treaty pas ed all around, I think, all over Europe, and in New York, too, and one of them turned up here in tile hands of a newspaper man from Chicago. I do not h.-now how he procured it over there. He may lm.-ve bought it for 15 or 20 cents somewhere, or he may have found it there. Mr. Polk knows whether or not it is genuine, and will not have it in llis hands five minutes before he will be· able to give his expert opinion as Acting Secretary of State, having examined 33 more of them.

l\1r. WILLIAMS. If that be true, why di<l you not ·wait until l\Ir. Polk could tell you? · .Mr. BllAl~DEGEE. Because I <lid not have anything to do

with it. The Senator from Idaho di ll, and I am not responsible for him.

Mr. WILLIA~IS. I ·ee. I diu not know that the Senato1· from Connecticut did not ha>e anythiug to do with it. I thought that he had a heart-to-heart conference \'rith the Senator from Idaho.

Mr. BllANDEGEE. He told me he had it, and that is what I meant when the Senator from .... ~ebraska [l\1r. HrrcHcocrr] asked me in the committee this morning if I would name just one copy in this country, and I told him I ''"ould at 12 o'clock, becau e I knew that the Senator from Idaho "·as going to fish it right out here and hand it o-ver.

Mr. WILLI.Al\IS. And you 'vere going to name at 12 o'dof!k what the Senator from Idaho stated he had?

Mr. BRANDEGEE. No; I was going to name the man whom I thought had one copy, and that was the Senator from Idaho.

1\lr. WILLIAMS. Oh, I see--1\fr. BRANDEGEE. I am glad that the Senator does. l\fr. 'VILLIAl\fS. 'l'hat the Senator from Idaho would have it

at 12 o'dock? .Mr. BRANDEGEE. He would. Mr. WI:t.LIAMS. The Senator from Connecticut did not refer,

then, to the man who gave a copy to the Senator from Idaho? l\Ir. BRANDEGEFJ. I <lhl not, because I did not lmow his

name. l\Ir. ·wrLLIMfS. I understand the Senator now ; und I really

owe the Senator an apology, because I thought he w:is in the absolute confidence of the leader of the ·majority on the Republican side and also the leader of the minority party on tho Republican side---

1\fr. BllANDEGEE. And on the Democratic side. Mr. WILLIAMS. And that he would know beforehand just

what they were going to do. I knew that the Senator from Connecticut was the most reliable partisan in the United States in his party and perllaps in the United States of any party, except myself.

Mr. BRANDEGEE. \Vell, the Senator and I never have had any serious differences.

Mr. WILLIAMS. I thought that they could rely upon the Senator from Connecticut and that perhaps he was consulted .beforehand and knew something about it. I. beg the Senator's pardon for thinking so.

~Ir. BRA.NDEGEE. The Senator neej not do so. I did know about it; I plead guilty to the impeachment.

l\fr. PITT~L.<\N. 1\fr. President--l\fr. BRANDEGEE. I yield. l\fr. PI'rTMAN. Possibly there is a <lifferencc of opinion be

tween the Senator and myself on a certain subject. I think we a re agreed on the method by which we determined that we should not bring this treaty before the committee. Do I understand the Senator to say that at that time there was no di!":CUSsion as to the pr opriety of making the treaty public by briu~ing it before the committee?

Mr. BRANDEGEE. I say I do not remember it; there may have been. My attention may have been <li,·crted.

788 CONGRESSIONAL RECORD-SEN ATE. JUNE 9,

Mr. PITTM..U'". I have a v-ery di ti.Jlet recollection that the propriety of it was cliseussed.

I:r. BRANDEGEE. I do not care whether it was or not, myself; but, if it pleases the Senator to have my opini{)n about it, I have gi\en it to him.

I\Ir. PresidentJ I apologize to the Senate for having made any remarks at all on this question. because it is a post-mortem; the thing is done by a vote of the Senate of 2 to 1; it is in the REconn; and all of this talking about whether or not it ought to have been done or whether two-thirds of the Senate ought to yi€ld their notions of propriety to one-third is pure leather and prunella and amounts to nothing. So I apologize to the Senate and take my seat.

Mr. ASHURST. .Mr. President, I seem to be one of those who offende<l the wisdom of the Foreign Relations Committee. I really belie\e that if I had known that the Foreign Relations Committee was opposed to printing this treaty it would have been a long time before ·I would have voted to print it; but there was no debate, and when questions come up suddenly all a Senator can do is to do that which seems to him to be right.

Mr. WILLIAMS. The name of the Senator from Arizona is first on the roll can.

:Mr. ASHURST. Yes; and it is just natural for me to do right, and I somehow do it without reflection. It seemed this way to me: The financial interests have, as they always do, obtained control of a few copies of the treaty and, thus knowing what bonds would be stabilized and what bonds would be not stabilized, began a system of flotation and peculation and gambling to the tune of millions of dollars, and, by the nine gods, what Wall Street is entitled to hay-e the American people are entitled to have. That is my reason for having voted to make the treaty public. I :b.ave no .excuse to offer h€re or elsewhere for that vote, and I would slap the face of a man outside of the Senate who challenged me for that vote.

Mr. WALSH of :Massachusetts. Mr. President, as a new Senator I should like the privilege of explaining my vote. I voted aye on the motion of the Senator fi·om Idaho [Mr. BoRAH] on the assumption that the practice in this body was that no Senator would offe;~.· to have printed in the publie RECORD a docnment which he did not think was of :assistanee to his a sociates in forming sound judgments on public qne tions or helpful in forming public {)pinion outside. Thm"efore I thought it was the courteous thing to do to vote in the affirmative and to assume that the moti;e of the moveT wa.s proper and in the public interest. If the1-e is behind this motion any motive to humiliate or embarrass tlie representatives of the United States Government in Paris at the present time, I .am not in sympathy with it.

Mr. JOHNSON of California. 1\Ir. President, originally I offered the resolution asking the Secretary of State to furnish the Senate a copy of this treaty, and, because I originally presented the resolution and have had little opportunity heretofore to state my reasons for it, just for an instant I beg you to bear "'ith me.

The resolution was offer.ed ·not upon any theory of interfering with any negotiations in Paris, not for the purpo e of embarrassing any of the representatives {)f the United States, not from any partisan viewpoint at all ; but it was offered upon the theory of goverriment that ever I have had, and the theory of govern- . ment that I ever shall have white I am in public offic€. It w.as offered because when a part of the people-a very small part of the people o~ the United States-had tins treaty in their possession, all the people of the United .states were entitled to have this treaty in their possession as wen.

I was shocked, I was astounded, I was astonished when I found any . opposition to that very simple resolution. The infamy in this matter is not in asking that all our people should have what \\all Street has, but the infamy in it is in endeavoring to keep · cret from all the people of the United States what Wall Street has.

I\ir. President, I am sick and tired, for one, of hearing statements about the German propaganda) " throwing monkey wrenches into the machinery," and the like. I have always known that the most recent conYert is always the most voctferous, but when it is stated on the fioo.r of the Senate that there was any design on the part of any man, so far as I am aware, on my part, least of allJ " to throw monkey wrenches into the machinery" at Paris, or to interfere in any aspect 'nth what wn. transpiiing iu the peace congres ·, such a statem€nt is utterly without foundation, known by the man who made it to be utterly without fotmdation, and :rimde in pretense and llypocri~~· only, and in no other fashion, and for no oth~r reason at all..

1\rr. President let ils look for an instant at the facts in this cn ,·e. Her i. a treaty com.pl ted across the wate1', a treaty that i1as heen handed to Ule enemy. That treaty bas been given to

the en~my, and that treaty ha\ing been given to the enemy, u synopsis bas been given by our own agents unto our people. After that, the synopsis p1·esumably being a synopsis that was accurate, the Secretary of State of the United States printed that synopsis and delivered it officially to Yarious people who inquired for it. Then all neutral countries, we aTe informed, have com· plete eo})ies of this particular treaty ; and then it developed in the course of debate that there were copies of the treaty in this country and among certain individuals or gentlemen or financial interests, however you wish to term it, and being utilized by them.

All these are admitted facts; and from them what flows? If they are facts-and I take it that nobody here will deny that they are facts to-day-if you believe in democracy, if you think the American people yet are free, if you believe that the people of the United States yet want their liberty of expression and their freedom of action, when every country on earth has this treaty and when it is in the hand of financial men in New York City, if you believe in democracy and not in autocracy, upon what theory do you keep it from the rest of the people of the United States?

It is not a question of constitutional authority to act upon a treaty. It is not a quPstlon of diplomacy or of interfering with diplomatic action. It is not a question of fiduciary or confidential relation at all. It is not a question, indeed, of in any way or in any fashion interfering with those who are acting for us at Paris to-day. It is simply in the higher obligation and duty TI.€ owe-our obligation and c1uty in its last analysis-to the people of the United States of America. Shall we give to all of the people of the United States of America what a few of them hay-e obt._<tined in one manner or another, I care not what, but wbat the ~cry few have obtained and what is in their posses ion to~dny?

I regret that the President felt that he could not give out the treaty ; but that ends the discussion so far as he is concerned. I que tion not him or his motives at all. That is not the point; but in a free Government like ours, when we know that the treaty is in The hands of men in Wall Street, upon what theory do you justify yourselves to your people of America in aying that they shall not have the same privHege? And, 1\Ir. Pt-esident, as to the question of the right to have this document, the tight .exists e.xactly as if any other document were nt stak~. any other ma.tter that had been gi"Ven out in part, and all of which we desired.

When this administration gave out to the people of the United States a synopsis, th€ administration committed all th~ heinous sins that haYe been described by the gentlemen on th~ other side of this Chamber. If this treaty were to be kept secret, if it were not to be delivered .unto our people at all, if it were n matter of such transcendent importance that no man on earth sllould know of it except " the big four" who sit over in Paris Illlli'king out the bounda·ries {)f the world-if it were of that character, then, of eou:rse., it could hav-e been retained in seer cy by them, and the confidential and fiduciary relation nnght have attached, and there might llilve b en orne sort of foundation for the argument that is made here.

But 'Yhen this administration gaYe out to the people of America what purported to be an honest synop is of the treaty this administt-ation itsetf reliev-ed us and HS€lf of any confidential. or any fiduciary relation, and gave at that \ery time the right to the American peo])le to the entire and to the whole document. They gave us a synopsis, presumably to gi\e us accurate and honest information. If they gav-e us nn honest synopsi , tb.en, Mr. President, the're <!an be no harm in seeing the document 1tself. If they gav-e us a dishonest synopsis, then we, a men representing here the American peop1e, ought to get the document · itself and learn exactly what it is. But when they gave out the information, at that very moment they gave us the ri:g'ht of :inquiry and the right to the particular matter fr{)m which it emanated, of whleb. they sai~ it was a correct part.

I admire the Senator from Arizona [Mr. AsHUitST] for llis declaration to-day. To-day the 'reason this treaty ought to l>e publi hed in the CoNGnEsSIONAL RECORD, in a nutsh€ll he ltas stated. The 1·cason is because finally, in the minus of some men here, the paramount obligation that we owe is to the people 'Of the United States; and when a few of the people of the Unlted States have the treaty, all the people of the United Staies are entitled to it and to every part of it.

Mr. BECKHAM and 1\Ir. ffiTCHCOCK addre ed the CJmir. The PRESIDING OFFICER (Mr. 'V ALSH of Montana in the

chair). 'I'he Senator from Kentucky. l\Ir. BECKHAM. Mr. President, I was not in 1.l:l€ Senate

Chamber until at the close of the roll call on the motion in reference to the publication of this treaty, or purported treaty, jn Uw Ittoomm. 'Vh€.ll I came in there had been, as I understanu, no d1scu sion {)f it, and I voted under a misapprehension. I ,y

.

•

1919. CONGRESSIONAL ~ECORD-SENAT-E. 789

under the impre •ion, from some information, that possibly the treaty had been published in this country and that there was no objection to its being published in the CONGRESSIONAL RECORD. But I have listened very attentively to the discussion of this matter since the vote was taken, and I believe that in the light of what has taken place in the Foreign Relations Committee and the investigation which it is about to make we make a mistake, we lower the dignity of the Senate, in undertaking to publish without delay what is nlleged to be the treaty framed there in Paris. I think it is a reflection not only upon our delegates to that conference, but upon all of the conferees. I think, too, that we should at least wait a reasonable time, until we can hear f-rom the President in response to the resolution which recently passed t11e Senate, calling upon him for a copy of the treaty. We might publish this, and in the course of a short while we might find out that a different document is the real treaty. If it is going to be published in the newspapers so soon, the people will see it. But I do not believe, after what I have listened to. this morning, that it is wise or proper that the Senate should by this motion insist upon the publication of this so-called treaty; and I shall, therefore, enter a motion to reconsider t11e vote by which that mc,tion was adopted.

Mr. POINDEXTER. On that I ask for the yeas and nays. Mr. LODGE. I move to lay the motion to reconsider on the

table. · Mr. IDTCHCOCK. 1\lr. President--The PRESIDING OFFICER. The Senator fro~. Nebraska. Mr. LODGE. Mr. President, I made a motion to lay on the

table. The PRESIDING OFFICER. The Senator from Nebraska is

L'ecornized. Mr. LODGE. 'l'he Chair will not allow me to make the mo

tion? 1\lr. HITCHCOCK. l\lr. President, the only virtue in the

argument of the Senator from California [l\lr. JoHNSON], and in the remarks by him. lies in the suggestion that what Wall Street bus secured the rest of the country should haYe. I agree to that general proposition; but the newspapers of the country are attending to that. One great paper in New York, the Times, and another one in Chicago, the Tribune, have already begun, and \'/ill undoubtedly at once complete, the publication of this treaty. It is going to the public. It has already, indeed, become public. There remains nothing tJlat the Senate can do to add materially to its publicity. The publication in the RECORD is an insignificant affair; but the very gravamen of the charge against the Senate of the United States is that it is officially proposing to do exactly what the German Government has done, and that is the charge I mnke. The Senate of the United States is in the attitude of deserting the Governments with which this Government has been associated in this war and in this negotiation. The Senate of the United States is in the attitude of officially perpetrating a breach of the agreement made by the President of the United States with the other Nations with which we haYe been associated in this war. The Senate of the United States is putting itself in tlle attittide of a Bolshevik organization, running amuck here in the treaty negotiations. That is what the Senate of the United State. is doing by authorizing an official publication of what purports to be the treaty.

As a matter of fact, we know that it is not the treaty. We know that it was the copy originally agreed upon by the victorious nations as a demand presented to Germany. We know that for several' weeks the German representatives have been resisting tllat uemand, aml that already they haYe secured some modifications of that demand-modifications which have been agreed to. 'Ve know that other modifications are undel' consideration; anu yet the Senate of the United States proposes, by an official publication, to give out to the world what Germany llas given out, and whnt Germany wants to give out.

Mr. President, tl1is treaty, when it is read by all the people in the United States, is not going to change their view. It is largely a matter in which the American Republic has no interest. The dispute O\er there between our Government--the United States-Great Britain, France, Italy, and Japan on one side and Germany on the other relates very largely to the relations between Germany and France. We are not directly concerned in them ; and the reason for suppression, the reason for keeping the tentatiYe treaty secret at the time, until Germany had acted, was for the purpose of promoting the signing of the treaty. 'l'he reason that Germany sought to give publicity to it \vas for the purpose of making trouble in France, and trouble in Great Britain, and trouble in the near-by countries when the negotiators made concessions to the German demands. Om-many l1ad eYery interest in doing what the representatives of Great Britain, France, the United States, Italy, and Japan

agreed not to do. Germany was interested in publicity. Our representatives and those of the other friendly countries were inte1-ested in keeping their agreement to themselves until Ger-· many had acted..

The Senate of the United States can go on record in con:tlict with the President; but when it goes on record in conflict with the President it goes on record in conflict with the other nations associated with the United States. It goes on record as being in concurrence with Germany. It goes on record as practically :~;unning amuck in the peace negotiations over there. It goes on record as aiding Germany in the contention she is making. Now, the Senate can do that. It virtually has done it. I do not myself think it is going to be a matter of such tremendous importance, because sufficient time has already elapsed until it may almost be said that the treaty is ready for final signing. I think an exaggerated importance has been given to the objection to publicity. The suggestion was made by the Senator from California [Mr. JoHNsoN] that what Wall Street knew the rest of the people of the United States have a right to know. They have, and they are going to get it through the newspapers, where they generally get their information; but the Senate of the United

· States is going to put itself on record before the world as doing the very thing that Germany wants done. The Senate of' the United States, as a part of the Government of the United States, is going on record as being in disagreement with its friends in the late war and in concurrence with its enemy in·the late war.

Now, the Senate can do that. Maybe the Senators will feel entirely happy over doing that; but what motive is there for doing it? There will be no publicity gained by doing it. Publicity is already secured-secured by newspapers that are in the business of making things public, regardless of consequences.

The Senator from California [Mr. JoHNSON] never seems to be capable of understanding the facts connected with the synopsis of the treaty that was published. He seems to be utterly incapable, after all that has been laid before him, of appreeiating the fact that the synopsis was given out by all of the nations associated with the United States in this war; that it was given out in Great Britain, it was given out in France, it was given out in Italy, as well as in the United States. He has assumed that it was only given out for the purpose of fooling the American people, but it was given out because the nations associated with us agreed with us that some statement should be made to the ·· world-not to the Unite<l States alone, but to the world-of the things proper to be published as the general outline of the treaty.

That synopsis did not include everything. It did not include some of these delicate questions between France and Germany. What do we care whether they are in there or not? To put them in there and to make them publi~ to make them a subject of public agitation in the condition of Europe now, which borders on lawlessnessr which threatens revolution, would have endangered the treaty; and yet the Senator seems to be possessed of the idea that it was an attempt to suppress information from the American people while it was given to the rest of the world.

:Mr. JOHNSON of California. ~Ir. President, will the Senator yield?

The PRESIDING OFFICER. Does the Senator from Ne-braska yield to the Senator from California?

:Mr. HITCHCOCK. Yes. 1\Ir. JOHNSON of California. What was it intended for? Mr. HITCHCOCK. It was intended to give to the people of the

world an outline of the general terms of the treaty. l'llr. JOHNSON of California. Thereby giving them an honest

outline? Mr. HITCHCOCK. An hone t outline so far as it went. 1\Ir. JOHNSON of California. Then your secrecy was ended

when you gave them the synopsis of the treaty. Mr. IDTCHCOCK. There was a great deal more publicity

given this treaty than ever occurred in the whole 'history of the world before.

1\Ir. JOHNSON of California. I am not questioning that. Mr. HITCHCOCK. It is the first instance in history in which

an attempt has been made to give to the world information about a treaty not yet finished. ·

Mr. JOHNSON of California. But \Yhen you gave the information, then you gave the treaty, and then all of the stuff that you talked about this treaty and its secrecy was at an end. Otherwise you should not have given out the synopsis.

Mr. IDTCHCOCK. Well, l\1r. President, I do not suppose the Senator from California ever will understand the thing. He seems to be determined not to understand it.

Mr. POINDEXTER. He probably bas a "pygmy mind." Mr. JOHNSON of California. Mr. President, if the Senator

.will yield, of course I do not understand it as the Senator from Nebraska understands it; and thank God I do not understand it as the Senator from Nebraska understands it!

790 CONGRESSIONAL RECORD-SENATE. JUNE 9,

Mr. HITCHCOCK. The Senator from California has repeatedly asserted, here in the Senate and down in the committee, and, I believe, also in interviews, that this was given out for the purpose of deceiving the American public.

1\.fr. JOHNSON of California. Oh, no; now, Mr. President--1\fr. HITCHCOCK. He has never seemed to appreciate the

fact--1.\lr. JOHNSON of California. Will the Senator yield? _ . Mr. HITCHCOCK. I will yield in a moment-that this was

a document given out-- · Mr. JOHNSON of California. I want to correct a mis-

statement. · ' 1\fr. HITCHCOCK. Well, the Senator can correct it. The PRESIDING OFFICER. Does the Senatoi.· from Ne

braska yield to the Senator from California? Mr. HI'l'CHCOCK. I yield. Mr. JOHNSON of California. No uch statement was maclE~

by the Senator from California, and I trust that the Senator from Nebraska, with that peculiar acumen and mental analysis which he possesses, will refrain from making a misstatement of that soh. ·

Mr. HITCHCOCK. The stenographic report of the proceedings of the committee this morning will show that in his language before the committee the Senator from California repeated what I have heard him say elsewhere, which clearly implfed that the synopsis given out was for the American people. He did not seem to know that it was given to Great Britain. He did not seem to know that it was given to France. He did not seem to know that it was given to all of the associated nations for the purpose of giving to the world all about this treaty that those who were negotiating tbought it proper to announce to the world at that time. He has always made a point, here and elsewhere, of assuming that it was some imposition upon the American people and that they were being ~rented differently from the people elsewhere in' the world.

Mr. JOHNSON of California. Will the Senator from Nebraska yield?

l\1r. HITCHCOCK. I yield. Mr. JOHNSON of California. 'When the people of Amer

ica--The PRESIDING OFFICER. ·wm the. Senator from Cali

fornia desist for a moment until the Chair lays before the Senate the unfinislled business? It will be stated. ·

The SECRET AnY. A bill · ( S. 120) to repeal chapter 154 of the act of the seconll session of the Sixty-fifth Congress, being the joint resolution entitled "Joint resolution to authorize the President in time of war to supervise or take possession and assume control of any tele~raph, telephone, marine cable, or radio system or systems, or any part thereof, and to operate tlle same in such manner as may be needful or desirable for the duraUon of the war, and to provide just" compensation therefor," approved July 16, 1918. ·

Mr. CUl\11.\HNS. 1\fr. President, I rise just long ebough to ask whether it is the desire of those who are engaged in this debate to continue the discussion? The unfinished busines. I \vould be very glad to take .up, but I realize that if once taken up the debate can continue upon this subject that has been before us in the earlier hours of the day.

Mr. HITCHCOCK. I think it will not be necessary to Jay aside the unfinished business. The Senator from Kentucky has entered his motion for a reconsideration, and that will go O\er until another day.

1\!r. LODGE. No; 1\fr. President, I shall be forced to move to Jay aside the unfinished business, becau ·e I propose to have a vote on the motion to reconsider. I <lo not propose to have the '"oice of the Senate and the American people smothered here to-day if I can help it. .

:Mr. HITCHCOCK. 'l'llat discussion I will leave to the Senator from Iowa and the Senator from l\Iassachu etts. I only express my--

l\1r. CUl\11\tiNS. I have no--1\Ir: ·NORRIS. Mr. Preside:nt, I i'ise to a parliamentary in-

quiry. · The PRESIDING OFFICER. The Senator from Nebraska

will state it. 1\fr. NORRIS. I wish to inquire whether there ·is not a

motion pending to lay tlle motion of the Senator from Kentucky on tllc table?

The PHESIDING OFFICER. The Chair will advise the Senator from Nebraska that there was such a motion pending at the hour of 2 o'clock, but it was displaced by the mifinished business.

l\11'. 1\0RlliS. The motion is not debatable. Why does not the Ch:1ir vut the qHestion on the motion?

Mr. HITCHCOCK. There has been no motion to lay on the table.

Mr. LODGE. I made the motion. The PRESIDING OFFICER. The Chair will be very glad to

be advised, but the Chair is of the opinion that there is no motion pending to lay on 'the table.

Mr. LODGE. No; it was not received. The PRESIDING ·oFFICER. The pendb1g motion was tlle

motion of the Senator from Kentucky to reconsider the vote by which the treaty was ordered to be printed.

Mr. NORRIS. Then the Chair . wants to change llis answer to the parliamentary inquiry I made.

The PRESIDING OFFICER. The Chair understood tllC Senator from Nebraska to inquire whether a motion to r<."cou-sider was not rna de. · ..

Mr. ·NORRIS. No; my inquiry was whether there was not a motion pending to lay the motion of the Senator from Kentucky on the table, and whether that motion i debatable?

The PRESIDING OFFICER. The Chair answers that tllere was not.· .

Mr. SWANSON. I understand that the unfini heel business comes up, and the only way that can be displaced is by a

· motion to take up something else, and tl~at motion is debatable. If the Senator from Massachusetts wants to move to <.li place the unfinished business and take up somethin"' else he is prhi.leged to do so.

Mr. LODGE. I am going to do so. 1\Ir .• ~w ANSON. Then if the Senator mo-..·e.- to take up some

thing else that motion is debatable. The PRESIDING OFFICER. The Senator from Nebrnska

has the floor at the present time. He yield <.1 to the Senator from ~own. The Chair recognizes the Senator from Iowa.

1\lr. Cillfi\HNS. I desire to say that if it i the pleasure of the Members on both side.· of the Chamber to continue at the present time the consideration· of the subject which lVlR heen up this morning I intend to ask that the unfini. heel bnsine>::: he temporarily laid aside. I do not want that mea ·ure to los its place as the unfinished business.

Mr. SWA!,SON. I object to that. The PRESIDING OFFICER. There hn lJcen no re(] ;:est

made yet, the Chair will advise tlle Senator from Virgini:•. l\1r. CUl\Il\HNS. In order to . bring tlle matter to n point. I

ask unanimous consent that the unfini hell bu incss llln~- be temporarily laid a ide.

Mr. SWANSON. I object, 1\lr. President. The PHESIDING OFFICER. Objection is mall<'. 1\lr. LODGE. I mo-ve that the Senate now 11rocee<l to con-

sider-- · The PRESIDING OFFICER. The Senator from KeJn·aska

[Mr. liiTCHCOCK] has the floor. l\lr. Cillfl\HNS. He is now di. cus ing the nnfinishe(l hnsi-

ness? The PRESIDING OFFICER. The Senator from :Xehr:1 1m

has tlle floor and \Till proceed. · 1\fr. HITCHCOCK. Mr. Presillent, we seem to ha>e a ~oo<l deal of unfinished business before the ~Pnnte, rather mol'' th :lll tlsunl at this time.

I do not know how the leaders on the other side of this Ch:11~1-ber are going to justify before :w intelligent .American puhlic the attitude which they are now taking. I unller tand that 1hey are moved partly by political considerations anll partly by Pel'sonal considerations to start a warfare on the President of the United States; that they propose to do wllateYer they can do to discredit him in the work in which he i engagell in P<tris. I shall be interested in seeing what the outcome will be nml what verdict the American people will render on the motley leadership to be seen on the other side of the Chamber, nil designed, however, for the same purpose. One Hepublicrm leadership declare., as their associates have heretofore declnreu. that they belie-ve in a league of nations, but they 1wopose to linn:• their own amendments adopted to this treaty e-ven though it results in destroying the chance. of nny league of nation · at all. Those Senators know \"ery well that there is only one leagne o1 nations before the world to-day. They know very well that all preconceived notions, all special hobbies, all particular theorie . are now at last, after months of labor, mergell into th,is pnr· ticular league. They know, or they ought to know, bec:1ll ·e the people of the Unifed States know, that · if this lea~l ~) is defeated there will be no league at all. They ought to l;:uow that if they carry out their purpose to amend this treaty they will prolong the condition of war, they will delay the settlement of peace, they will keep capital on the n.nxionR sent. nn<l they will keep labor in unemployment. And yet tlio~8 enntofl', who e 1·_eal purpose it is to defeat the league, stand before the countr.y

1919. OONGRESSION .AL RECORD-SEN ATE. 791 at the hea:d of the lea-ding faction of the 'Repnb'lif.an 'Party in the Senate .and -declare that they propose to .amend the treaty, · no matter €VCD. though those l"'esults f-ollow. ,

The other leadersbip;Qf the Republi·c:mPa:t1y---,.that:r.epreaemted . by tbe Senator from Idaho {Mr. BoRAH}-has at lffiSt t:he -virtue of eandor and eonrage. It holds forth no \I)retense to the country thut it favors a league. It -stands !boldly by the IU'Oposi:ti-oo that the United States should hold aloof .fr.om any a.s oeiation -of nations with the design of preserving the .peace of the wor:ld. Under the i.eadershi:p -of the Senator fi·.Q.m Idaho thooe Republicans go before the eounb:y, OT propose to g.e bef01>e the .eo'nntry., and, if necessary, they propose t-o orga.Bize u party <m the theory that the United Sta.tes may emll.in .a hermit an:tOn.g the nations; tllat the United State-s may be sufficient unto itself; :nnd that the United States has no interest in what flappens throughout the r€st -of the world. They p.rapose to say t-o th.e American people tlm old order .of things must be renew:ed ; this :peace is only a tl'Uef!; the -o1d order .of war in the world is to r.emaln~ every nation must prepare for war in~ futun~ as in the IJast; the id~a of internati-onal peace and international justice is an iride-s- , cent dream. They propose to say to the A:merican poopie, "You must prepare fur ·enornums appropriations for w:ar; _you must prepare for .a great Navy and a great Army, because future war: will c.ome." At [east they ru·€ eand.i.d, at .}.east they ar.e .sin- , cere, a:t least they are co.ur.ageous. With .that brand of Rep.u!}liCilll l.eadership I ean ha.-e no sympathy, but f-or it I .can at 'lea-st . have respect. 'That position meruns something; and thnt leadership of the Senator from ldaho is a leadership which can be understood; it is 11 leaderShip that ean 'be -defended ; it is n le..'l.dershlp that eau be vindicated, although it is :going to be rejeeted promptly by tb.e American people.

But that other lea.dership--th.e leadership which is seeking i:n covert i\"ays tG ·cripp.le the negotiati<ms in Pru.·is. which is seeKing in covert ways to introduce amendments rto·thrs league which will .destroy it~is om:ething which .can n-ot be .defended befor-e th~ ~'\.merican people. M.en .can not long in insince1ity -and 1n pretense mak~ any case before the American people.

1\.Ir. President, I am not going to discu s the lea:gue ()f .mttions her:e to-<day but I shall w.a tcb. with a good deal -of interest t<> see which leadership in the Republican PaTty is going to be accepted by the rank and .file of the party. Ther€ are, fortunately, Republicans who take a ·still ·different posi~on. Ther.e are Hepub1Ieans who, whil€ they do not .entirely a:pprov€ every artide in tbis il€agu.e {)f nations, y-et propose to :support Ji:1. They think th.ey eould draw a better l-eague constitution, b:ut at the s::tme time they recognize that the issue is this mague or none. They know that the issue befor~ the Ameri'Call people is whether we shall "have war on the future pregram -or'Wheth€1" . we shall assist in organizing the w.orld for peace. -Those Republidtns may stand here in the Senate without reoognizeil leader:ship, :but I believ.e there are en-ough of tilem to <defeat any effort to kill this league by amendment. 'They will stand as the representatives of the great rank and .file -of Republierrns generally who welcome this united effort of ~4 nations of the world to organize the world for future peaee. · I shall watch the dubi.oU£ struggle with interest, but I tell

you, Senators, the Republican Party bas reached the pa:rti:ng : of the ,y; ~-s. Y-ou can not stand before the American -people as the pretend€d .advocates of a league of nations :at ttle same time that }"QU slaughter the -only possible lengne uf natiorus to be had. N-eith:er can -y.on indnce the American rpeopie to follow you if you take the position that there Shall be no league ,of nati<ms whatever. The American people want t-o join the movement of the world for the purpose of orga.n.iziilg for international peace: T1iey may criticize the Prcesident for the methods that he has adopt-ed, they may criticize the President tor some things that he has don-e, but the American people, wben he bring~ back that league as a part of this peace treaty~ B)'e going , to bq in favor of adopting it.

1\fr. POINDEXTER. WHl tbe Senator yield fe-r a .q-uesti-on? Mr. HITCHCOCK. I yield to the Senator_ Mr. POINDEXTER. If they will be in favor of .adoP-ting it,

wily does the Senator objeet to printing it so tha:t they can read it?

Mr. HITCHCOCK. The leagu€ of nations has been :printed, as the ·Senator from Washington very well knows. H has b.een officially pri.Dted and is before tlie COUiltry, and it is really n.lmost the only part of the treaty in which the United .8tat€s is intei·ested.

1\Ir. POINDEXTER. But, Mr. P:r<€Sident, it bas not !been printed in connection with the document of whlch it canstitutes a part.

l\1r. HITCHCOCK. No; it bas not been printed in (!QJ]:Ueetion wlth something €lse.

Mr. POINDEXTER. ';rher-e !is no p-ossibility of 'UD:derstanding its full im:port--

1\.fr. HITCHCOCK. I am talking now about the leagu€ of nations, and I ·rum Dot objecting to the publicity that·is given to this treaty.

Mr. POTh'DEXTER. I -do not agl-ee with the Senator, if he will per.mit me. !in the statement that we have no concern in the adjustment of the terms of peace in Europe. I think we have some eoncern, but I think that Europe ihas more eoncern in it than we hn'.V'e.. If the Senater thinks we have no ·-conem·n in it, he ought to advise :the President of the United States not tQ spend hls entire time dictating the terms of peace.

M.t·_ CUMMINS. Mr. President--Mr. HITCHCOCK. I yiel-d to the SBnat-or from Iowa. Mr. CUAI.l\I.INS. May I ask th:e Senator fr-om Nebraska a

questi<m! 1\1r. HITCHCOCK. I shall be glad to answer it. .Mr. CUJ.\llliXS. The Senat-or has upon very many occasions

recently 1niked alxnrt leaders .and leadership in hls rather futile a.~pt to classify .tl1e SenatoTs upon this si"de of the ·Chamber. Does he J.'eco.,~iZ€ iOr does .he not recognize that the Senators upan this side <Of the Ohnmber will do exa-ctly what each of them tbiriks he ou.ght to do and vote as be thinks he ought to vote! noes he .a ume tha.t they wlll be sincere or does h-e assume that they are insincere? I would like to know, in view .of the xema.rks of the Selllltar, whether he grants to Members on this side of the Chamber any h(l)n.esty whatever -either of pm-:pose or in -condu-ct?

Mr. HITCHCOCK. I am very willing tn grant it t-o the Senator from Iowa to the fullest degree. I have not a. doubt tlta.t he will continue the uniform r~cor{l which he has made as a public set"\rult in m:any yearrs '(}f valun.ble public servi-ce and dct ex:act1y ~hat believes to be right. I am n-ot referring to him indivldua:lly, I will say, but I will also say iliat His evident there is a settled pw'J.)Ose in th-e leader hip upon the Dpposite sWe of the Chamber to !ffillbarra.ss the Presid-ent <Of the United States. ':Dhere is evi-dently a settled :purpose here to attempt to make a political issue out 'Of the league ,of nations. If it fails it will only be because the Senators find thn.t the American people are not going to follow their l€a-dership. I:t will only 'be because they realize tlritt they ar·e ,goong to split their own party by doing it. When I say "they" I d£> oot mean evet-y Senator_ I mean the euntl~olting inte:res:ts ro-ver o-n the RE~>Ubliean side whi-ch filled the Committee on Foreign Relations with Senators practically pledged tiQ ropp.ose the loeague of natwns and practica lly pl.edged to bring an :amendment out of ifue Foreign Relati-ons Committee.

Do Senaro.rs think I .hirve not talked with ~pU:bJi.cans! I know .R.epubiican:s on the other side of this ~'liilb€r who feel ju£t ;n:s I feel, mdi:gnant that .agreement witl1 the leaders on the treaty .should .hav-e been made :a test to decide whether a Senato-r should go on th'B Foreign Relafums Committee -or not. I am not tlle only i.Brlig.nant one. There m.·e Republican Senators on the other side of this Chamber, and a number of them, iil<lignant that th<>ir per:sona.J. views on the league .Q.f nations should ha-ve 'been jnqnired into., :md·'.it should have been made necessary for them to pledge themselves on an issue which sh-ould be decided npo.n its ~rits and not ;Qn political c.onsideratious. - Mr. FALL.. 'Will the 'Senator yield?

1\fr. HITCHCOCK. I yield to the Senator from New Mexico. l\1J:. FALL. In .filling the vacancies on the Democratic side

it was not necessary to make inquiries or ascertain h-ow any Democrat would .,..ote, I presume?

Mr. HITCHCOCK. There were no Y-a.cancies on the Democratic aide.

Mr. FALL. In cutting off those who were i.eft off and in seeking to put others on, may I .ask the Senator what policy was suggested'?

l\lr. HITCHCOC.E:. There was no policy. Simply those lacking in seniority were .dropped off. There \v:a.s no such contlition th.at l know of; no question -of that sort raised.

Mr. FALL. The Senator did seek to have another member on the committee, did he not?

1\!r. HITCHCOCK. The Senator from New Mexico knows the reason. It wns because one Senator had been droppe<l off of 'both the b1g committees that he had been -on.

l\1r. CUMMINS. May I ~sk the Senator fr.om Nebraska :anether question r The Seruttor .eTidently believes lliere is great discord upon the RP..publican side with regard t'O this suJJjeet and unanimity upon the Democratic side.

1\h:. HITCHCOCK. Not entire urumimity. Mr. CU'M:MINS. But great tmanimitN? Mr. HITCHCOCK. ·There is great un.animity amqng the

Ameri-can people.

792 CONGRESSIONAL RECORD-SEN ATE.

Mr. CUl\fl\HNS. There is more unanimity among the Senators upon the Democratic side than among those on this side of the Chamber?

Mr. HITCHCOCK. I have made no such statement. · Mr. CUMMINS. Why is there great unanimity upon the

Democratic side and great 1discord upon the Republican side? Does that indicate greater independence or less independence upon the Democratic side?

Mr. HITCHCOCK. I do not know that I am prepared to ans"er that question. The Republican Party has been split in prior times into se\eral parts on great issues. It was split upon the tariff issue. The Senator from Iowa was the dis· tinguished leader of what was then called the minority of the Republican Party. But, as a matter of fact, at the present time the purpose of the recognized dominant Republican leadership on that side of the Chamber is to kill the league of nations, if possible, and to kill it by indirection. I say that I have much more admiration for the courage and real leadership of the Senator from Idaho [Mr. BoRAH], who stands out and admits he is against the league of nations; that he wants the world organized for war; that he wants to make war; that he wants the United States to refuse to join any international movement for the preservation of peace. That is real leadership. That makes an issue. That is not the leadership I am complaining of here, which seeks to avoid what is the real question in the public mind. The question in the public mind to-day and the question that is agitating the people is whether we are going to organize the world for peace. We can only organize it for peace by accepting this treaty.

Mr. WILLIAMS. Mr. President, unlike the Senator from Massachusetts [Mr. LoDGE] and unlike the Senator from Idaho [Mr. BORAH], I do not view this as a party question. The Senator from Massachusetts has already indicated that he did view it as a party question by issuing a pronunciamento to his follo"ers upon two different. occasions to wait until they could hear further from some indefinite source, supposed to be a Republican caucus. The Senator from Idaho has indicated his view that this ought to be a· party question by contending that the Republican Party ought to throw itself as a party into the breach against the covenant of peace. If I am wrong about either one of these statements, I should like to be corrected right now while I am on my feet. [A pause.]

Mr. President, there was a time in the history ·of the United States prior to this when a great President of the United States, who had been also a greaf southerner and leader of the armies of the Colonies in their revolt against Great Britain, had a history written of him by the Senator from Massachusetts [Mr. LoDGE]. The S_enator from Massachusetts is uniformly accorded the praise of being a very learned and very scholarly man, and what he says and what he quotes is to be received with· due accord by lesser men. I am sorry to see the Senator from Massachusetts, after a conversation with the Senator from Idahoapparently an intense conversation-has disappeared from the Chamber.

At this previous period Gen. George Washington, of the Revolution, and President George Washington, of Virginia and of the American Union, has this said about him by the Senator from Massachusetts. I am quoting from vol,ume 2 of the Life of George Washington, by the Senator from Massachusetts [Mr. l.JODGE]:

In fact, his general view of the opposition was marked by that perfect clearnes. which was characteristic of an his opinions when be bad fully formed them. In July, 1793, be wrote to Henry Lee.

These are the words of Washington which I am about to quote: That there are in this as well as in all other countries discontented

characters, I well know.

Of course, George had no regard for the Bolsheviki or the Irish-American vote or the German-Am·erican vote, but with his usual foresight he foresaw things of their ilk.

That there are in this as well as in all other countries discontented characters, I well know; as also that these cbnracters are actuated by very uiiTerent views ; some good, from an opinion that the ~eneral measures of the Government are impure ; some bad, and, if I might be allowed tp use so bar b an expression, diabolical-

Think of that adjective coming from the serene Father of his County; diabolic! It sounds like the Wilsonphobia of to-dayinasmuch as they are not only meant to impede the measures of the Government generally, but more especially as a great means toward the accomplishment of it, to destroy the confidence which 1t is necessary fot• the people to place, until they have unequivocal proof of demerit. in th eir public servants. ·

l\1r. President, if Gen. George Washington, afterwards President, had had in immediate contemplation the Senator from l\Iassaclmsetts and the Senator from Idaho, he could not better have expressed himself when describing their conduct toward and their words about the present Chief Magistrate, to wit:

· Not only meant to impede the measures of the Government generally, but more especially as a great means toward the accomplishment of it, to destroy the confidence which it is necessary for the people to place, until they have unequivocal proof of demerit, in their public servants. · What are these men, united only on this issue, trying to do? "Not only to impede the measures of the Government generally," because the Government in matters of negotiation of treaties is constituted of the Executive, . but more especia_lly, to quote the language of George Washington:

As a great means toward the accomplishment of it, to destroy the confidence which it is necessary for the people to place, until they have unequivocal proof of demerit, in their public servants.

The present Chief Magistrate of the United States i Woodrow Wilson, elected by the people, in whom sovereignty dwells. These men have been engaged for days and weeks and months in trying to destroy the confidence the American people ought to have in him as their representative. Without waiting until they have" unequivocal proof of demerit," to quote the language of George Washington, they and their foolisll followers have been nagging, have been bedeviling, have been on the outside taking advantage of every little uncrossed" t" or undotted "i," or a "q" not followed by a "u," in order to arouse distrust of our representative in Europe--our representative, whether we are Republicans or not; my representative, our representative; the representative of all of u ·,elected by us to bear our standard abroad. Where did you get your authority to represent the American people in matters of negotiation-from the State of Idaho? Not a bit. She never had any. If you had been from t11e old State of Virginia, I could have told you that even she never had any. No State in this Union ever had any control of any foreign relations. No Senator or ambassador from a State e\er had any. You have full power to make or to amend or to modify a treaty, but you have no power to negotiate one at all.

I will not enter again into the weari orne bnsine s of quoting the Senator from Massachusetts [1\fr. LoDGE], former Senator Spooner, President Taft, and George Washington upon that question. That is too clearly :::ettled for dispute by any man with the intelligence of a Bronx Hill goat, who recognizes no higher ambition in life than eating a .tin can.

What is your right to interfere with the negotiation of a treaty? Whence proceeds it? From your State and from the Nation or from the Constitution? It proceeds from no whence. Of course, you have the general right of an American citizen to express your views; that is a different proposition; but you force upon the Senate now, with a partisan majority and with a few men on this· side of the Chamber who are seeking reelection and think it is popular, an official utterance of the Senate of the United States as a body interfering with the negotiation powers of the President. But I belie\e I will go on and quote the balance of what George Washington had to say. George Washington continued:

In this right I consider myself whilst I am an occupD.Dt of office, nnd if they were to go further D.Dd call me their slave during thi. perio<l, I woul<l not dispute the point.

Friends, do you appreciate the full 11atho.' of that? That comes from George Washington.

If they were to go further and cull me their slave cluring this period, I would not dispute the point.

It is the habit of Senators and Presidents to call themselves public "servants," but George 'Vashington is the only one of us who ever consented to be called a public slave, and he did it out of intellectual humility and the great magnanimity and modesty that made up the greatness of the man. I do not do it; you do not Q.o it. I am not · the slave of Mississippi; I am not the slave of the American people; I am not the slave of American public opinion. I am its servant-its hired servant, if you will-with the right to quit t11e job whenever I get ready. But such was the pathos of the situation presented to George Washington under circum tances like those which now fncc 1\.Ir. Wilson that he confesses himself a public slave.

If they were to go further and call me their .slnve during this pel'iod, I would not dispute the point.

He further says : But in what will this abuse terminate? What is the abuse to which he refers? It is the abuse of the

interference of other people with the constitutional right of the Executive to negotiate with foreign countries. He further nys:

For I have a consolation within me that no earthly effort can deprive me of, and that is that neither ambition nor interested motives have infiuenced my conduct.

Will the Senator from Idaho say, will the Senator from Massachusetts, who has retired from the Chamber, say that ~ither "ambition or interested motives" ha\e influenced Woodrow Wilson's conduct? Will they dare face the American people with that assertion? Will the two wing.· of the Republ ican Party coalesce "ith that assertion? They dare uot; aud

1919. CONGRESSIONAL RECORD-SENATE. 793 neither one of them <lares by itself to make it. George Washington goes on further :

·'l'hc arrows of malevolence, therefore, however barbed and well pointed-

Are there any two men in the Senate that are more capable of better " barbing and well pointing an arrow " than the leader of the majority of the Republican _side ru:d the leader of the minority upon that side-both probably candidates for the Presidency?

'.file arrows of male>olence, therefore, however barbed and well pointed, never can reach. the most vulnerable part of me, though whilst I am up as a mark they w1ll be contlnu~~;lly aimed.

So much for George Washington. No'' I come to lhe lesser light~the Senator from 1\f~ssachu

setts [l\fr. LODGE]. Perhaps I ' ought to apologtze for sayiJ?.g "tlle lesser light," because when he undertook to write a biogravll~' of George \Vashington, in a great number of particular::; lle made himself the greater light. He was descended from the Cabots and Lodges nud the old Federalists in 1\fassachucsctts; and their chief aim in life was to keep the Irish from getti ng control in Massachusetts when they began to come in tllcre \cry early, which heredity was very much at variance, by the way, with tlie vote ~e cast here the other <lay. But the Senator-~J lesser light-sa:}~s of George Washington:

· Ile was not much given, however, to talking about his assailants: Tllat is Woodrow Wilson again, is it not? He did become

human once when he defied that infernal Irish-American in New York and told him that "he knew more about disloyal \Otes in America than he himself did." He became human again when he refused to receive a leader of the Irish-Americans who called on him to gi've him instruction and advice, anu who vreviously had by language insulted him. I wish he woulu become human oftener. I like for a man to become human every now ana then and lose his temper. .

Thomas Jefferson said of George Washington that he was Ycry human after all; that now and then he got into a towering passion, and somebody said about him that upon the field of Germantown he "swore like an angel of the Lord." A man ougllt now and then to swear like an angel of the Lord. l\ly only quarrel with Woodrow Wilson is that he does not do it oftener, better, and more strongly and more virulently, especially when he represents t11e American people and his opponents represent all of the hyphenates in America-all of the enemy hyphenat<>s in America. '

You have not yet introduced any resolution against Japan providing for the independence of Korea, lately conquered and Yery much oppressed. ·why? Because you 1."'low Great Britain

· will be good humored with you and Japan will not be, and IJccause there are a lot of Irish-American votes in America, and there are no Korean votes in America. That is the honest God's truth about you. But to go on ,with "the lesser light." LoDGE says of George Washington:

lie was not much given, however, to talking about his assailants . It he said anything, it was usually in the way of contemptuous sarcasm, as when llc wrote to Morris: "'.rh.c affairs of this country can not go amiss. There are so many watchful !?uardians of them and such infallible guides that one is at no loss for a drrector at every turn."

Oh, they come from Massachusetts-these infallible guidesthey come from Idaho ; they come from Missouri ; they come from all around the country, as you know. They are such "infallible guides" .that "one is at no loss for a director at every turn." One may be at a bit of a loss about following the directions if he is a good American, an unhyphenated patriot, and devoted to his own country, without any regard to a "fatherland" in Europe-if he is just an American and nothlng more, and spe\\S out hyphens.

\Vashington continues: nut of these matters I shall say little. That is the end of the quotation from 'Ya hington. Tllen

says " the lesser light "-and I apologize for the phrase: If tbese attacks bad any effect on him, it was only to make him more

determined in carrying out his purposes. I guess that is what you mean " ·hen you say Wilson has got

a "stiff, long lower jaw," that he is "stubborn" and does not ·listen to what you are saying. Who else is listening to it? Do you imagine France i · listening to it? Do you imagine Great Britain is listening to it? Do you imagine Italy is listening to it? Germany is listening to it, and Germany is making the most out of it that she can, with the hope of getting better tei'ws-poor, foolish Germany, catching at straws.

1\lr. President, there is not a great deal of much importance connected with what I have just read, except the fact that it corues from the Senator from Massachusetts. If the Senator from Idaho had been a great scholar and had written a great many books of one sort or another, I expect perhaps I would ha\e found something fl'om him to quote. I have served with

the Senator from Idaho for a long time, and have very high regard for him ; in fact, personally, I am very fond of him.

I do not want to put myself in the attitude of a preacher and of reading him a lecture. God knows I · have got no right to take that attitude toward any human being on the face of the earth; but I would in a friendly way counsel him to consider more the atmosphere of the world and the atmosphere of the United States and a little bit less the atmosphere of the Washington Post and Washington Republican bosses and of the Senate Chamber.

Sometime ago the Senator from Idaho said that ex-President of the United States Taft was a sort of walking corpse. · Taft came back in his inimitable, good-natured way and said "yes"; he recognized that, but he was trying to keep from having more walling corpses on the surface of the earth. I would advise the Senator from Idaho that, if his real ambition is to be President of the United States, he had better study the opinion of the people of the United States and not the opinion merely of the partisan majority of the Senate of the United States at this time. Even that will change before the vote is cast, because the people will by then be heard from, and even Senators are just politicians.

Mr. BORAH. The Senator from Mississippi would not want me to take the advice of ex-President Taft as to how to become President, would he?

Mr. WILLIAMS. Well, the advice of the ex-President as to how to become President would be very bad advice; but the advice or the example of the Senator from Idaho as to how to be the next President would be infinitely worse advice.

Now, Mr. President, I ask to have inserted as a part of my remarks an editorial from the St. Louis Daily Globe-Democrat of Sunday morning, l\fay 18, entitled "America and article 10."

The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.

The 'editorial referred to is as follows: AMEniCA A.XD ARTICLE 10.

The or.e provision on which such American opposition to the covenant of the league of nations as now remains is based is that of article 10. This article reads as follows :

" The members of the league undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all members of the league. In case of any such aggression or in case of any threat or danger of such aggression the council shall advise upon the means by which this obligation shall be fulfilled." -

It is claimed by some that this provision will increase rather than diminish the probability of war, that it will draw us into war against our will and judgment, and that it will prevent the extension of national boundaries.

If this or any other provision of the covenant would increase war, 1t is safe to say that no n a tion and few individuals would favor it-not now, at any rate, after the ex-perience of the last four years. But the sole purpose of the league of nations is to prevent war, or, at least, to diminish it as far as is humanly possible, and this section is considered necessary to the achievement of that purpose. Many amendments were made to the covenant us a result of American opposition, but a.rticle 10, although special stress was laid upon it by the· opposition, was not touched. No concession was made to the demands of American critics as to this section, because it was considered vital to the existence of the league and therefore vital to the attainment of its design, the prevention of war. Why is it considered vital? Becanse any association of nations to promote peace and who intend, as a means to that end, to reduce their armament, their war power, must have some assurance of mutual protection. If they voluntarily weaken their defenses there must be some understanding among them to prevent such weakening from imperiling any of their number. The situation of the United States and Great Britain is such that they could probably take care of themselves under any circumstances, but this is true of no others. If, on the other hand, they have such pledges of support, then they can feel that their safety is relatively insured and their stability established, and they can enter upon an era of peace unfearing any outward aggression. No nation having any reason to fear an enemy, actual or possible, and there are now few that do not, ·will pledge itself to disarmament and avoidance of war unless some substitute is pro· vided of a protective nature. The continental nations of Europe have always had that fear constantly before them, and no league of peace Involving disarmament is possible that does not remove that fear, at least to a large extent, for these nations simply will not enter one without some such security as is ofl'ered by arti!Ue 10. We, 3,000 miles from any enemy that might endanger us, can say we do not need it, and perhaps we do not, but it is essential to them and to the organization of any effective league of peace. That is why article 10 has not been changed. France in particular must look upon it as her chief safeguard if her desire for a special treaty is not attained. ·

But is this section likely to draw us into war? Consider first the purpose of this covenant-the promotion of peace by the rrevention of war. Is war to be prevented by increasing the risk o it? The nations of Europe a:~;e more deeply concerned in the prevention of war than we are. They know more about it, have had a longer experience with its horrors. They know, too well, also, that a small spark is likely to kindle a great conflagration. They do not want war to start. Is it at all reasonable to assume then, that these nations arc ' willing to approve an agreement that will promote war? If this 'se'ction would draw us into war it would draw them in much more quickly and involve them much more seriously if it were in Europe. If this were probable is it imaginable that the high r epresentatives of these nations would not only approve of this article but insist upon its retention? These men we may pre ume represent the highest qualities of intelligence, patriotism, and statesmanship in their' respective countries. To charge them with favoring an agreement that would increase the rii';II of war is to charge them with an imiYecility worse than treason to their people.

CONGRESSIONAL RECORD-SENATE. JuNE 9,

No ; the purpose of this article, as of the whole covenant, is to prevent war. If there had been such an agreement in existence in 1914 there would have been no war. Germany would not have dared to begin a war with the knowl{!dge that ·all th~ other nations; and particularly the United States and Great . Britain, were leagued against her in such a purpose. The:re was much of 1ll8.dness in the conduct of Germany, but Germany was not that mad. If Germany, with all her power, the greatest war power ever developed by any people, would not have du.red tbis, what nation would dare? Where is the country within the league or out Of it that would engage in war against a member of the league with such an overwhelming force potentially against it? The mere moral power of this agreement is quite sufficient to deter any nation from war without first complying with the procedure of arbitration or conciliation required in this covenant.

Article 10 is the basic section of the ns.sociation of nations, the preliminary assurance of mutual support against external aggression threatening territorial integrity or loss <lf sovereignty, and of mutual respect for such integrity and sovereignty. That is to say, the members will not only themselves respect the sovereign rights of one another but will protect them from aggression by others. There is no probability of aggression or interference without some basis or excuse for action in a dispute. Tbc action of the league and its members in regard to all disputes is set forth in subsequent articles of the covenant, which provide for the course of action in case of violation of the rules of procedure by members of the league in their relations with one another. '.rhese articles do not apply, with the exception of 17, to countries not members. E>ery conceivable contingency within the league is provided for in these u.rtlcles. Article 10 is a general, comprehensive section, and is designed to provide for possible emergencies not covered in the detailed provisions of the subsequent articles, such a great emergency, perhaps, as that which arose in 1014, although ev<'n that began with a dispute.

External aggression must come either from within or from without the league. If a member of the league is attacked by another member of the league in disregard of its covenants, the course of action by the league itself is set forth in article 16. If a nation outside the league refuses, upon invitation, to accept the obligations of membership for the purpose of the dispute which it bas with such member and resorts to war, it is directed in article 17 that the provisions of article 16 shall likewise be applied against it. Thnt article provides, first, for the severance of trade and financial relations with the offending nation, the prohibition of all intercourse between the nationals of the members of the league and those of the offending State, and the prevention of all financial, commercial, or ·personal intercourse between the nationals of the offending State and the nationals of any other State wba~oever. That, in brief, is an economic and social boycott, followed by a general blockade. The pressure of such an e<.'Qnomic isolation is something no nation would like to contemplate, and no nation would lightly risl;: the loss it would involve. Hut if military action still were needed, the council would recommend to the Governments the for-ces to be contributed. Tbe Governments would decide for themselves as to the merits of the council's recommendation.

Now, it is clearly to be seen that any aggression, actual or threatened, from within the league or without, is covered in articles 11 to 17 and full provision made therein for the course of action to be taken by the respective members of the league. 'l'herefore, any action of war based specifically and exclusively upon article 10 must spring ft•om acts or circumstances not contemplated or foreseen in the formulation of these other articles, acts that are entirely outside their provisions. A sudden and unexpected attack by one nation upon another, a member of the league, so sudden that no opportunity could be given to interpose the arbitration or conciliation measures, would come under this article. Such an attack is less likely to occur, with the nations combined to crm;h it, than any other. But if this or any other emet·gency should arise, not specifically covered in the agreement and which threatened or perpetrated external aggression upon any member of the league, then the members would stand together under article 10. In this aspect it is simply a provision for the exceptional, unexpected, and unforeseen hostility. ·

A1.·ticle 10, it is apparent, bas several purposes and functions. It is, first of all, the fundamental agreement of mutiL.'ll support in case of attack from without. It is the foundation upon which the other al"ticles relating to international disputes is laid. There would IJe no league without it, for many of the nations concerned would not enter into an associntion that called for disarmament unless some such pled.o-e were made, just as a man whose life is threatened is unwilling to glve up his arms unless assured that he will be protected in other ways. If the plans of disarmament are carried out to the satisfaction of the countries and made universal, the time 'ivill come when such an agreement as this will be superfluous, for the fear which demands it now .. will be removed. But und& present conditions, and the terror of Germany's sudden and prodigious attack still in the minds of the world, such an understanding is an essential basis for a peace that can · be felt to be secure. This is particularly true because of the new countries that are being created as a result of the war and whose integrity and sovereignty are in special need of exterior support. Therespect of sovereignty is another important feature. All nations are jealous' of their soverei~ rights as nations, particularly their right to conduct their own affairs, and this is a proper agreement to respect those righ~s. .

But more than all this, article 10 is the preliminary assertion of colidarity upon which articles 11 to 17 are based and which in a way encompasses them. It establishes a prindple; they define its application. It is a mistake to consider article 10 as something that stands alone.. Nor is it less n part of the two articles which precede it, those r elating· to disarmament. In Hself it calls for no action by the league or the members of tbe league unless some extraordinary emergency arises for which no other provision is made in the covenant. In that remote exigency the council is directed to advL<:e upon the means by wWcb the obligations under it may be fulfilled. The council can only advise. It rests upon the respective Gov-ernments themselves to decide how they will fulfill their obligations under it. The advice of the council must be by unanimous agreement ef its members, and the United States· will be a member. No advice as to the cour-se of action will therefo-re be given that would be considered unjust to the United Stutes by the representative of our Government. Probably no advice will be g1ven by the council until after consultation with the respective Governments represented in the council. 'l.'his consultation would seem to be essential in important matters, for this is a league of nations, not a superstate, and the memb-ers of the c.ouncil are primarily but representatives -of the nations that are given the predominating influence. Inasmuch us these nations have the !?reatest power, both in themselves and tn· the league, their re-sponsibilities will be the greater, and they will

endeavor to reach an agreement among themselves as to what' action should be taken in case of such an extraordinary emergency as would fall upon article 10 alone. Each Government must be its own judge as to the manner in which it will fulfill its obligation, and the character and extent of its support will depend upon the circumstances of the ease, the greatne-ss of the emergency, and the degree of its own danger. That dang-er would be measured to a large extent by proximity, and it 19 reasonable to assume that the countries nearest the seat of trouble would be first to go to tM aid of the one attacked. But somehow all would help, if the help of all were seen to be necessary, and it is this a-ssurance that is required to give cohesion and stability to the association, and which alone can provide the moral influence, which may become compulsory, that must be provided for in the absence of a permanent international police force.

'ro swnmarizc : Article 10 is the necessary .binding of the nations into a unified and potential force for mutual .respect and protection. The fulfillm<'..nt of all ordinary obligations in the pledge it involves is provided for in other articles. It is only in exceptional circumstances,· not otherwise provided for, that action under it specifically would be appealed for . The occurrencf' of such circumstances is highly improbable, but if they should develop each nation would be the judg,l of its obliga,tions under the article. Good faith would require the support it pledges, but whether that support would be economic alone, or both econom.jc and military, would depend upon the nature of the case and the unrlerstandin~ reached by the respective Governments.

Mr. 'raft, Mr. Root, and :Mr. Hughes, the three leading Republicans of the countl-y, discussed this article at length before the covenant was r-evised. l\lr. Hughes, the least friendly of the three, opp-osed it, but said that " certainly each power will be the judge of what in good faith it should do. In the case of the United States the guaranty will not be made good ex('ept by the action of Congress, and it will be for Congress to decide whether we are bound and what we sha.ll undertake." Mr. Root beliPve-s the article necessary to the solution of the reconstruction problems and the maintenance of the stability of the reconstruction. · "The allied nations in their council," he said, "must determine the lin~s of reconstruction . Their determination must be enforced. They may make mistakes. Doubtless they will, but there must be decision, and decision must be enforced. Under these cil·ctunstancc-:- the. United States can not quit. It must go on to the performance of its duty, and the immediate aspect of article 10 is an agreement to do that."

He thought, however, that it should not be made permanent :lDd suggested an amendment permitting any party, after five years, to terminate its obligation under it upon one year's notice. If within five years this provision would seem to be unnecessary, because conditions bad become stable and the fear that now n'l.akes it necessa.ry had passed away, the revision of the covenant has made amendment to that efl'ect possible. And, besides, the revised covenant permits any nation to withdraw upon two years' notice if it is found to be onerous or unsatisfactory. l\lr. Taft finds no objection to article 10, alth-ough he had suggested that it might be better to show distinctly the distribution of obligation under it. He assumes, however, that ilistribution will be arranged by the council and the respective Governments. "The fact that the coru1cll is to advise what means shall be tal.:en to fulfill the obligation shows," be says, " that they are to be such us each nation shall d l'{'m proper and fair unuer the circumstances considering its remoteness from the country and the fact that nearer vresence of other nations should induce them to furnish the required nulitary force."

Now, as to the claim that it will preve.nt the territori-al development of nation!> or the assistance of a nation desiring to help the people of another struggling for freedom. The United States js living evidence that war is not essential to territorial expa11sion and development. We n.dded Florida and Louisiana Purchase antl .Alaska to out· domain by peaceable means. There is n()thing in article 10 to prevent such territorial changes. Nor is there anything to prevent changes in form or character of any government. It proposes no interference with peoples in their internal affairs. If a part of n nation should desire to sep:uate from thP. rest and set up an independent government, there is nothing in this article or elsewhere in the covenant calling for hostile action by the . league or any of its members. The possibility that we, for example, might be prevented from going to the rescue of a people seeking their independence is not a persuasive objection. We have ha<l many opportunities in th~ past. but only once in all history have we tal<:en up arms in such a can. e, and there is not the slightest probability of another cnse similar to Cuba arising in this hemisphere. All the people in tile western world are now free. .Although we have had profound sympathy for tb~ struggles for freedom occurring from time to time in the Ea ster11 Hemisphere, we have never once even thought of going to war for tllem. As to the claim set up by one or two objectors that this would consti· tute. an impious limitation of the Almighty, we are disposed to lJclieve that no association of men can in any way limit His power.

Mr. WILLIAMS. I now ask to have inserted as n part of my remm·ks an editorial from the same paper of l\Iay 25 entitled " Reason ·or passion," an editorial paying some attention to the attempted effort of the Senator from Missonri [ fl'. llEEn] to arouse the feeling of the South against the colored m-ajority, as he alleges, in the league of nations.

The PRESIDING OFFICER. Withtmt objection, it is so ordered.

The editorial referred to is as follows: nEASON OR PASSION.

Senator REED'S speech on the treaty is not an appeal to reason but an appeal to prejudice. His experience as a politician bas taught him that there is nothing so responsive to the infltwnce of rhetoric as IH.<'judice. But if this great matter is to be settled rightly, it must be settled rationally. Passion is a pow€1" for good if it is founded upon truth and restrained by reason, but it is an unmitigated evil if it is without P.ither truth or reason. The question before the United States Senate is the most important one that has ever been . presented to that body for it~ approval. There has been nothing comparable with it since the adoption of the Constitution. It should be considered, therefore, with the analytical perception, calm judgment, and the honesty and patriolism of true statesmanship. It is essential that it be discussed honestly i! the people are to form opinion that is based upon truth, and opinion that is not based upon truth is not the opinion that should govern conduct and action in the United States of America.

Senator llEED's speech is for the deliberate purpose of arousin:: the racial prejudice that is instinctive in nearly all of us. He pictures n world governed by black, yellow, and brown races. "This is a colored league of nations," he says. "'rhat is to say, the majority of the na-

1919. CONGRESSIONAL RECORD-SENATE. 795 tiona composing the league do not belong to the white race of men. On the contrary, they are a conglomerate of the black, yellow, brown, and red races, frequently so intermixed and commingled as to constitute an unclassified mongrel breed." What is the truth as to this? Of the 32 nations that are set down as original members of the league of nations only 7 are not white-India, China, Haiti, Hedjaz, Japan, Liberia, and Siam, and the Arabians of ·Hedjaz, we think, would strenuously object to the classification of a Semitic race as not white. Of the 13 nations invited to accede to the covenant .;mly 1, Persia, could be placed in Senator REED's category of color, and that is a debatable classification for Persia. So, in fact, out of 45 nations altogether that are recognized by the covenant only 8-only 7, if we eliminate Hedjaz-are colored nations. The nations that are white, by any standard of ethnology, are the United States, Belgium, Great Britain, Canada, Australia, South Africa, New Zealand, Cuba, Czechoslovakia, Ecuador, France, Greece, Guatemala, Honduras, Italy, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, Serbia, Uruguay, Argentina, Chile, Colombia, Denmark, Netherlands, Norway, Paraguay, Salvador, Spain, Sweden, Switzerland, and Venezuela. Where are the colored nations in this list, whJch, with the 8 previously mentioned, is the complete roll ·of the nations entering or invited to enter the league?

Starting with such a basis of untruth Senator REED proceeds to elaborate by misrepresentation of the principle, long fixed in international law, of the equality of States. This does not mean that States are ' equal in dignity, importance, or power, but that each. possesses the same numbet• of sovereiJpl rights and powers. That is to say, the essential rights . of one nation, however small, are the same as the rights of any other nation, however great. That is a principle the United States has always asserted and defended. It is the principle upon which the Monroe doctrine is founded, and any association of States would be impossible without its recognition. In every conference of States for the promotion of international understandings that

·has ever been held the rule of equality of States has been operative. 1 n all such conferences decisions are reached by unanimous agreement, and only by unanimous agreement, just as the treaty now before us has heen formulated by the unanimous agreement of the representatives of the 32 nations at the peace conference. So it will be in the league of nations. It is expressly stated in the covenant that all decisions shall be by unanimous agreement of the council or the assembly, except in a f ew specified cases of procedure. A majority of votes, therefore, has uo significance whatever: No combination of States for voting purposes can have any power when a single vote is supreme. For exa mple, the United States, under the provisions of this covenant, can stand alone, with its single vote, against all the other nations of the world. It could have no more power with 40 votes than it has with one when any number of votes short of the entire number means no more than one. But Senator REED endeavors to convey the impreliSion that the league is to be controlled by the number of votes, like a legislative assembly. This is as absurd as it is untrue. America nor England nor France nor even Liberia would think for a moment of entering into nn association .where it could be dominated by the votes of others. No such domination is possible over any nation under the covenant o~ the league. When this is understood Senator REED' S racial comparisons at·e seen to be wholly irrelevant.

1\Ir. WILLIA.l\fS. Mr. President, nothing was ever more stupid than that appeal of the Senator from Missouri. There is not a man in the United States that will respond more quickly than I to an appeal to race supremacy, race integrity, race purity, and to making this country a white man's country all oYer ; . ·but when the Senator went on to treat the Senator from North Carolina, the Senator from South Carolina, the Senator from Louisiana, and me as if we were veritable asses he went just a little bit too far. He comes from :i State that uoes not disfranchise Negroes by any pretext of constitutional disqualification for the suffrage; he comes from a State which does not disfranchise illiterates by any disqualification for the suffrage; and yet he went on here for half an hour trying to arouse the prejudice of the southern people on the race issue and upon the illiteracy question, when he knew as well as I know and as well as you know that the difference was this : In the internal and domestic administration of affairs the qualification of the suffrage is a privilege extended in the interests of society within the country. He knew as well as I know that in international affairs the white man is entitled to govern the white man's country, the brown man the brown man's country, and the black man the black man's country, and that question does not come into it except in so far as the white man and the brown man and the black man may want to secure each his own supremacy in his own country and to secure national world justice for all.

Mr. President, I do not know how the Senator from Missouri voted the other day upon the proposition of my colleague [Mr. HARRISON] to limit woman suffrage to white women. I suppose he voted with us; I suppose his political interest in Missouri was to vote with us; but he comes from a State that never made that distinction; he comes from a State that never had a literacy provision. What right did he have to stand here and make that appeal to us upon the ground of illiteracy and the balance of it?

And that is not all . . His statement that a majority of the nations represented in the league of nations were colored was not even correct. He had to fudge like all the world to make it appear correct. For example, he represented Cuba as being a colored country. Cuba has 66 per cent white population; Mississippi has less than 50 per cent. I suppose he would deny M1ssissippi a right--

1\Ir. REED. Mr. President, will the Senator yield to me? 'l'he PRESIDING OFFICER. Does the Senator from Missis

sippi yield to the ~"na tor from Missouri?

Mr. WILLIA.l\IS. Yes; for a question. Mr. REED. For a correction. Mr. WILLI.Al\1S. For a question or a correction; yes. Mr. REED. If the Senator had read what I said, lle would

know that I -frankly stated in my speech the percentage of both races in Cuba.

1\fr. WILLIAMS. The Senator quoted a lot of things from the Encyclopedia Brittanica-came very near republishing it-and I presume he quoted that; it appears in the Encyclopedia Brittanica at any rate; but when he was making his general remarks I do not remember his mentioning it. However, he may have done so.

Mr. REED. It is there clearly and explicitly. 1\fr. WILLIAMS. Yes; it amounts to a quotation from the

Encyclopedia Brittanica. 1\fr. REED. Not as a quotation, but as my own comment. 1\Ir. WILLIAMS. That may be so. Mr. REED. That is all I want to say to the Senator. Mr. WILLIAMS. And did the Senator notice the fact that

Mississippi, South Carolina, and Louisiana have a less percentage of white population than Cuba? I do not think he did.

Mr. REED. No; I do not know that I did .. Mr. WILLIAMS. The truth is that Mississippi, Louisiana,

and South Carolina are parts of a white man's country, and whether they accidentally or incidentally have a numerical majority of Negroes makes no difference. The truth is that California is a white man's country, and however much the Chinese and Japanese may give her trouble she proposes to remain a white man's country, as a part of a white man's country. The Senator knew all that.

The Senator knew another thing._ He knew that not a single move could be .taken that would affect the interests of the United States of America in the league of peace, or in the council of the league, except upon a few unimportant matters of parliamentary and administrative procedure, without a unanimous vote. He knew that. He knew that we had an eternal veto upon the entire proceedings.

He knew another thing. He knew that, even if the league of nations had not given us a veto, our vote--great, popular, strong, and military as we are--would have constituted a veto.

He knew another thing. He kriew that while Great Britain, Canada, Australia, and South Africa were represented they were not represented as parts of the British Kingdom, but as parts of the self-governing British Empire; and he knew, as well as I know and as well as you know, that in a very great number of questions affecting the United States of America Canada and Australia would vote against Great Britain, anu have voted against her hitherto.

He knew, as I know and you know, that when it comes to the question of admission of Hindoos and Japanese and Chinese, Canada and Australia have blocked the wheels of parliamentary legislation in Great Britain, and that Great Britain has recognized the substantial nationality of all of the self-governing English-speaking provinces of Great Britain. He knew, as I know, that Canada and Australia and South Africa have asserted the right in connection with the foreign relations of tl1e British Empire not to go into a war in which Great Britain was involved unless their own parliaments so decided. If he did not know that, he is lamentably ignorant.

Then he dwelt-! do not know how long-upon numitting Cuba and admitting Nicaragua and admitting a couple of other South American States. He seems to be ignorant of the fact that, for fear lest Great Britain had too much advantage in connection with the separate and independent votes of Canada, New Zealand, Australia, and South Africa-frequently differing with her-it was thought well to put in a lot of our American dependencies that we could control.

Now, Mr. President, I ask to insert as a part of my remarks an editorial from some paper-I have forgotten which, but I believe the New York "\Vor1d, although I do not remember e-xactly-headed "Politics and the covenant."

The PRESIDING OFFICER. Without objection, permission is granted. ·

The editorial referred to is as follows: POLITICS AXD THE CO\ENA 'T.

In discussing the ratification of the pea ce treaty Tuesday w~ said that "it is unthinkable that it should be considered in any other tha n the broadest and most unbiased spirit of patriotism and huma nity. Ko personal or partisan feeling should be permitted to affect the judgment m any way whatsoever." We were speaking of the whole treaty, l.lut we think it no less important that the provisions for a lea gue of na tions be considered with the same largeness. This paper has long ma intained that this is not a partisan question, and any attempt t o ma ke i t n partisan question would be disastrous a s wPll a s essential ly' w rong. It would be wrong because it is a great forward movement for America and for all mankind. It would be wrong because it is the goa l t oward which American principle, American d iplomacy, and merica u intl ucncc upon international relations have been trending cvPr Rince the .Jay tl·eaty was signed by George Wasbingtcn in 17!>-!. America, more than

796 CONGRESSIONAL RECORD- SENATE. JUNE 9,

nil otber nations put together, has been <leveloping the principle and the treaty of peace. In making that speech I said: The Senacxtcn<liug the 11racticc of international arbitration through more than a century, and the league of nations is but the con equence. the some tor from Massachusetts made all of this trouble about that, time inevitable consequence, of American history; it is but the organi- and in his discussion \\ith the president of Harvard, Mr. Lowell, zation of the world for the general and complete application of the one of his chief objections was that there was no exclusion of principle and policy that America individually has continuously and persistently a<lvocated and applied. The league of nations is essen- the 1\Ionroe doctrine from the operations of the league of na-tially an American ideal realized through the pressure of a universal tions. Then I offered to bet $5 to two doughnuts that the calamity that has convinced all peoples of the necessity of international fact that the President had brought it within the provisions cooperation for the preservation of peace.

'l.'o attempt to block such a movement for parti£a.n reasons is proof the league of nations and expressly excluded it would make foundly wrong, we re-peat. And it would be disastrous to the party, no difference with the Senator from Massachusetts. That was for it has back of it a public opinion so vast and so earnest, so deter- not gambling; that was betting on a certainty, because I knew mined that the experience of the last four years shall not be repeated if it is Jmmanly possible to prevent it, that any such attempt would be the Senator from Massachtisetts, and I knew that he woke up utterly futile . 'l'he civilized world supports it, demands it; the people eve1·y morning, as some newspaper said, with the idea of readof the United States demand it. It is entirely too great a matter to be ing the morning news, and when he found out which side of a an issue in party politics. The personalities of the moment, without exception, are but inc-idental to it. The prejudices of the moment will new phase Wilson was on he took the other side, to make the soon be forgotten. We stand before the door of a new era. What mo~t political capital out of it that he could. would AmP1·ica. say, what would the world say, what would the future Do o kn th t · f th ff t f R bl. say, i1 with this great opportunity we refused to enter because of per- Y u - ow, a lS one o e queer e ec s o .epu ICan sonal dislike or of partisan ~rejudice? It is not a question of support· leadership. The Senator from Massachusetts was not always tng or oppo ing Wilson; it lS a question of fullilling the manifest des- that way. He used to say that "politics stopped at the coast,'' tiny of Americn. as the leader of mankind in its struggle for freedom and "never went any further ,, ; but the minute he was made and progress.

But aside from all this, it is not a party questicn because it is political leader over there his objection to the exclusion of peculiarly a nonpartisan development of American principles. It is the the mention of the 1\Ionroe doctrine increased to virulence when result, as we have said, ~f a eentury of growing experience to which he was faced with the inclusion of it. successive administrations have contributed without regard to party. And it has been given concrete form in the forge of war through the So he made not an eloquent speech, because the Senator from 1n11uence of men, Republicans and Democrats, who were unit d for this 1\Ia sachusetts has no imagination ; he has only a reasoning end, not as partisans lmt as Americans who realized the necessity and capac·h· ond hi hl t bl · •t d the opportunity. Of the 120 men who formed th€ provisional committee - h.,, a very g Y respec a e reasonmg capaCl y, an a that called the national conference for the creation of a. League to very highly respectable historical information, which enables Enforce Peace in 1915, men who represented the entire country, men of him to make a very clear statement of something, but he can not great eminence as statesmen, educa.torst._clergymen, lawyer , editors, and put any heart d u1 · t •t b h h C It• · · business men, the majority 'vere Repuolieans. Out o! that memorable ' · an so In ° I • ecause e as no e IC Imagrna-conference in Independence Hall at Philadelphia, on June 17, 1915, grew tion. He ha pure Anglo-Saxon. Teutonic, exhaustive, and exthe present covenant of the league of nations. Th<>re was organized hausting methods. But he comes buck to the Senate later on a.nd inaugurated the great movement which arousecl the i'arnest thought and he gives the President Cain becaus·e he has put the Monroe and purpose first of .America. and then of England. They were not doctrine into the league of nations. politicians who met at Independence Hall, although many of them had . held, or wet·e then holding, high office in their respective parti s. They The President came back to us the other time at the ·white were proa.d-IJ?inged, patriotic citizens who sought to extend esta~lished House and said to us: " In recognizinu the principle of the Amer1ca.n prrnCJples to the whole world and thereby to pren~nt, if pos- . I • f t• I h b • • sible, the repetition of such a calamity as that which was appalling eague o na Ions ave secured the appllcatwn of the l\.Ion.roe elvil!-zation. Republicans and Democrats, though a majority wt!Ie Re- doctrine to the entire world." That was not sufficient for the publicans, w_orl•e<l together to ad"V!lnce this ca.u c. The ~ovement ~ad Senator from Massachusetts so he quarreled with him. Now he been advanc.UJg a year befor e President Wilson b gan to g1ve express10n b ck -·th th -..1 . ' · . -to his interest. He clj.d not originate the idea, nor has he ever claimed comes a \"\I e .u o~u oe doctr~e expie ly excluded, and the to have donP. so. But he saw in it, as others had seen, the remedy for Senator almost swells hrmself np--1f he had been a po er and an the gr~at aftliction, and ~e began to use the power of his high o~cc to actor h-e woul1 ha\"'e swelled himsel~ up but to do him justice he pre s 1t upon the attention of the Governments. .And no one obJected. · •th . . · t 1 · ·d· ' f a- d h . Through the three and a half years that intervened between June, 1915, IS ne':er e! er • .J~S a. P am,. or mary man o oOO sc ola1Iy and the armistice in November, l!H8. while thi movement was con- and hi toncal abthty, With p1mn, good common sense, and a \"'ery stnnqy growing ~ power, w?lle the. Pre~idcnt was urging i~ on eyery wary, cool-headed, and adroit politician-but he came in here occa.swn, not a voice was rruse<l agarnst It. Upon what ba s of nght "s ellin.,. hims If " ·I h ld d h ·d . "Th' can there be any partisan movement against it at this late hour? It " o . e . up as ne~ Y a e ~ou • a1_1 e at . · c should be considered wholly and ab ·olutely on it merit both by ~- Monroe doctrme IS not a regional question. It· Is n question that publi<;-an and by Democrats, not a a .Wilson document but as :1.0 no country in the world is entitled to deci<le or pas· on or interAmerican doc!lment, and, through ~enca, a world. d.ocnm.ent, upo_n pret or perhaps even mention except ourselves" 'Vell if that which the nations hope to found a hlgher and better civilization. It IS ' ' . ' • • ; ' not perfect. No one claims that it is. But it is a g1·eat beginning, and be true, \Yhy did he quarrel about not puttmo- It m the first tlraft it should be altered only in the light of a world experience still to come. of the league of nations? That" was my view. That is my Yiew

l\1r. WILLIAMS. 1\Ir. President, the Senator fTom Ma sa- :yet. It ought ne-.er to have been mentioned. Tlle Yer:; nature of elm· etts [Mr. LonGE], the leader of the majority faction of It and the nn.ture of the propo eel league and our past utterances tb Republican majority, "nriz in hi plac ," to quote the Ian- all excluded It. o-uage of Private John Allen, here two or three week or months He makes fun of the phra e "a regional question.' Well, it is ago during the closing <lays of the last l?ession to make, as John "regional," and not less regional because it is ours and Great Allen said, "a few onnece ary remarks" about the fact that Britain's utterance, nor any the less " regional " because it inth re -was no mention of the Monroe doctrine in the covenant eludes and applies to a whole continent. This continent nfter for the presenation of peace amongst the nations of the ea.rth. all i not all of the en.rth, but only a part or a" region" of it, nor He grew eloquent-I take that back; the Senator from Ma sa- have we e-.er contended that the Mom·oe doctrine applies out ide chusetts ne\er 'vas eloquent for a minute in his life--but he of this continent-this hemisphere. grew rabid; be gr w metaphysical; he grew strident; he grew \Vhy did he quarrel about the nonmention of it at fir t? Simvery eame t, and denounced the treaty becau ·e there v;·as no ply because Wilson was President and a Democrat. Why does mention in it of the 1\fonroe doctrine. I am Yiolating no con- he quarrel now when it is mentioned? Simply because Wilson fidence when I say that he was present, as I was, at a meeting is President and is a Democrat. ut the Wbite House, because the Senator from Nebraska [l\1r. ' Politics stops at the seacoast." Does it? I the Senator HITCHCOCK] brought it nearly all out some time ago. When from Massachusetts illustrating that principle right now? Ca.n the President was asked why there was no mention of the you find a single thing thn.t the President of the United Stntes Monroe doctrine in the covenant of t11e league of peace, he can da that he will approve of? I defy you. Of course, while re ponded i.G. substance-although I am not even pretending to the war was going on he was like all others, simply an Ameriquote his exact language-that he supposed that there could be can. We wanted to be. Those few people in the United States mention of it were it thought desirable, but that he had not who did not want to be had to be; but he wanted to be. It was thought it necessary; that the league did not refer to any mere like his vote upon the Irish resolution the other day. Do any of " policies," just as it did not refer to any mere " domestic " you believe that that ingenious explanation of his was anything questions. That was about what he said, was it not, I will ask but disingenuous? Can you imagine that all the Cnbots and the Senator from Nebraska? all the Lodges in years past have not hated the Irish, and that

l\lr. HITCHCOCK. It was. the Irish have not hated them, principally becaus~ the Iri h Mr. WILLIAMS. But at any rate the Senator from Massa- were Democrats? Do you imagine that the Senator f1·om

chu etts came in a few days and literally made the air blue Massachusetts has any less sympathy for. the people of Ulsterwith apprehension as to what was going to happen to us when Protestants and English and Scotch-than I haYe? :.... \) you Europe got hold of the Monroe doctrine, on the ground that it imagine that he loves the Celtic Irish any better than I? Half was not mentioned in the treaty. my friends are Irish.

ome time after that I went borne to :MississippL I went out · Now I come to the S-enator from Idaho [M.r. BoRA..H]. He is on the plantation, culled my flowers, attended to my vegetables, of a different type. He does not pretend to be a Brahmin. He played with my grandchildren, and made but one speech. Mean- would acknowledge himself not quite a paragon but an ordiwhile, between those events, the President of the United States nary, common citizen. Be would not base his right to express secured a recognition of the Monroe doctrine in haec verba in public opinion either upon his scholarship or upo __ ~is pedigree.

1919. . CONGRESSIONAL RECORD- SENATE. 797. Take him all around, I love him; I think he is one of the moSt wi~es and our children; but when two nations go in to cut one lovable feno,ys I have ever met. Take him all around, he is another's throats it cuts the throats of all, everybody-the sincere and honest, too; and he is sincere in the position he people that did not want it as wen as the people that did want has taken in this matter, and honest about it, only he is it-the women and the children . and the nuns and the priests wrong. The only trouble is that he is a Prussian "junker" and the preachers and the lawyers and the beggars upon the at heart and does not know it-let us say, rather. an American streets, and everybody in the worfd. " junker." I can not understand th~ lack of imagination in a man. I

I do not mean by that that he sympathized with the Germans can not understand the lack of vision of a man, who wants to in the war. I do not mean by that that the Germans could have go back to 1913'. Victor Berger, or whatever his name is, who gotten any more help from him than from me-not a particle; was elected as a Socialist from the Milwaukee district, told but his idea of State sovereignty is exactly the same as that of the public that it was a lie that we went to war "to make the Bismarck and as that of Kaiser Wilhelm and as that of the. world safe for democracy." Maybe he is right. Some things Prussian junkers. His position is that there must be no limita- that have been going on in Paris here lately rather make me tion upon the sovereignty of a countcy, its independent sover- think that maybe he is. Instead of meeting there with common

. eignty. He nods his head in approval. I knew he was honest, accord to secure the peace of the world, instead of thinking and I knew I was honest, and I knew that I could not misrepre- about the men and the women and tile children and the churches sent him. · and the sc}J.ools and the highways and the public buildings and

Kow, what was the whole Prussian State sovereignty idea? all of the accumulations of civilization that peace has built up, It was that a State had a right to do whatever a State chose to ~-'men came tllere quarrelling about Fiume and came there quardo, and that there could be no limitation and ought not to be relling about a few islands upon the Adriatic coast, and about any limitation upon the sovereignty and the power and the some coal fields in the Saar district, and about what should might of the State except its inability to physically execute its be the proper boundaries between Poland and Czechoslovakia, decrees. Is not that right? I ask the Senator from Idaho, is when every one of them has gotten more out of the war than not that a correct statement of the Prussian position so far as he they ever hoped to get since the day they were born. understands it? Do you know, fellow Senators,. I sometimes think that if I

Mr. BORAH. I rather think that is correct. It is also George had been Wilson, at Paris, the time would nave been reached 'Vashington's view. several times when I would have said:. " I cn.me here in the

1\lr. WILLLU1S. Ah! Now the Senator is trying to bring in name of the American people, in the name of their traditions, poor old George as an ally of the Prussian junker. [Laughter.] and in the name of their ideals and of a common humanity, to George is dead, and he can not deny it; but if George were alive help make a better world. You are narrow and provincial and he would deny it every minute of his life, because George was so selfish, and you are seeking money and you are seeking terridiffident as to the sovereign rights of a country that he executed tory. You are going back to the Borah-Prussian-junker docthe Jay treaty, and the people in that day contended that that trine of unlimited sovereignty, and tke right upon the part of was a surrender of the rights of Congress and of the sov-ereignty Italy to stand out against the world for a little thing like of the United States. But let that pass. Finme, upon the part of France to stand out against the world

The Senator confesses that the position which I llave attrib- for a little thing like the amount of reparation, the. attempted auted to him and which I have attributed to the Prussian junkel:s assertion for a little while of the right of Poland to take not is not only Ws position but he contends that it was George only access to the sea but government and control of it. I am Washington's position. Mr. President, no country ev-er entered tired. I am g(}ing back to America, and Europe can settle her into a treaty with the smallest other country in the world with- infernal selfish difficulties as she blank pleases. If there is any out surrendering or limiting the eYercise of a part of its so-v- country in the world that can stand by itself fu its wealth, in ereignty. · its siz~ in its resources, in its capacity to put armed men in the

What is so-vereignty as define<l in international law? It is Army and the Navy. it is my country. We are pretty far off the unlimited power of a State to ·direct its own destiny in its from you. Go to the dickens with your European affairs. I own·pathway, according to its own will. When we entered into am going to join BaRAn and the Prussian junkers and contend an agreement with Mexico that we might pursue bandits and for unlimited American sovereignty and preparation for unimarauders across tbe Rio Grande into Mexico and capture them, versal war-universal preparation for war during peace times." Mexico surrendered or limited a part of her sovereignty ; and Do you want to go back to 1913? You can not go back to when we agreed that Mexican troops might pursue bandits into it the way you were at that time. If you do not secure a coveour territory we surrendered or limited a part of our sovereignty, . nant for peace amongst the civilized nationS' of' the world, if and in each case an essential of sov-ereignty. Under the inter- you do not secure a measm·e of disarmanent, if you do not national definition of . overeignty, when I make an agreement secure some means wherel)y you can settle by arbitration interwith myself or with a friend not to smoke a cigar for a week I national differences of every sort, then still, notwithstanding it surrender a part. of my individual SOTereignty ; but in a real all, the old time of American isolation has passed, and you sense whenever a man or a nation agrees not to do a thing it and I must prepare the best ru·my and the best navy on this is as high hn assertion of national or of independent sov- globe. .Are you willing to do it? ereignty as leaving itself or himself free to do the thing. The I hav-e heard a lot of talk about preparation for wax and all agreement has its initiative in self-limitation, the highest form that, and a. lot of criticism of the fact that the English and of self-assertion or sov-ereignty or free will. To agree to keep we were unready. We were the great unready nation, but we the pe-a~e o-f the world under the dictates of Jesus Christ, the were unready of a set purpose. 'Ve thought it was better to Prince of Peace, to agree to recognize as best you can the father- strain eYery muscle and every nerv-e and ev-ery thought and hood of God and the b-rotherhood of man, and try to settle dif- every soul sentiment of the people to meet a great emergency ferences by arbitration and by peaceful solution rather than by when the emergency came than it was to keep prepared, by mitrailleuses anc"f cha. epots and Springfield rilles is to that countless and incalculable burdens upon the people, during all extent, of course, a surrender of the sovereignty or a limitation the time when the emergency was notpresent. We were wise. upon the sovereignty of each country that agrees t(J the arrange- The war has proven that we were wise. The English-speaking men t-an agreement to agree without resort to throat cutting race to-day dominates-not by its na\y, not by its military or poison gas. If I had a dispute with the Senator from Utah force, but by its common sense and its statesmanship and its to-day about a land title and we agreed to leave it to a court of commercialism and its literature this entire world; antl to justice instead of fighting it out upon the public hlghway, it what does it owe it? It owes it to the fa.ct that Great Britain would be a smTender of his original right and my original was an island and we were an island continent, and that durright to do as each one of us saw fit. · ing peace timesy at any rate, we could leave the industries of

1-\ .. ll, but gentlemen tell me that in the course of time it may the people unburdened and untrammeled. Schoolhouses went appear that under the covenant of peace tile United States up, cathedrals and churches, highways, philanthropic associa-might be forced to do something that it did n(}t want to do. tions, everything in the world that smns up civilizati(}n.

Under the judgment of the justice of the peace or of the court, ·What is civilization? It is the massing together at a given I or the Senator from Utah might be· forced to do- something time of the accumulations of the past. How does a man differ that he or I did not want to do~ b-ut the world has agreed that from the b-rutes of the field? Simply by the faet that from one in the settlement of individual controversies it is better to rnn generation to anotller he can acc-umulate. The cat and the dog the risk of the court's making a mistake than it is. to leave men to a.nd the tiger and tM lion start '-'rhere their fo-refathers started. cut one anothel"'s throats, and the settlement of individual con- We start upon tll.e shoulders of our forefathers; and all that troYei'Sies is of less importance than the solution of national accumulation, from generation to generation, spells civilizati(Jn.. and international questions by arbih·ation; beca.u e if the Sena- l\1UJ1 is the only monument-building creaturey because he is the tor from Utah and I agree to cut one another's throats it does only one that considers the past ... Be is the only creature that not affect an:riJody but the Senator from Utah aml me and our dreams of the future and "has v-isions," because he is the only

798 CONGRESSIONAL-RECORD-SENATE. JUNE 9,

one that thinks of the future to any great extent. - And here step in the Prussian and American junkers, including my good, dear friend from Idaho, and they tell us, " Do not, above all things in the world, let there be even a suspicion of the limitation of your SO\ereignty," as if a voluntary limitation were any less an act of sovereignty than the failure to make a limitation.

What is the difference between a savage and a civilized man? One puts !_imitations upon his individual sovereignty, and the other does not. What is the difference between a civilized nation and a savage or barbarous nation like Turkey? One puts limitations-whether by unwritten law, afi in Great Britain, or by written law, as here--upon its free action and the other does not; and of all the men who have stood in this Chamber, in eloquent words and in eloquent thought approving and applauding the idea of putting a self-limit upon the operation of National Government, the Senator from Idaho stands at the front. The Constitution of the United States is nothing but the people's self-limitation upon their dual agencies of Government.

I listened to him the other day when he was defending the Constitution, and went over to him after it was over and said: "BoRAH, old fellow, you have made mighty near a good oldfashioned Democratic speech." He has stood all the time for a self-limited Government, constitutionally limited by the people, who are the ultimate sovereigns, in the interest of the people whose future is at stake; and yet, when it comes to international affairs, he wants the United States left free to do whatever in the dickens it pleases; and he now nods his head at me in approval of that. That is all the German junkei· wanted. He wanted Germany left free to do whatever in the dickens it pleased. That is all that Turkey wanted, and that is all that Alexander the Great wanted, and that is all that Nero wanted, nnd that is all that any savage ever wanted since the ·world began-just to be left fre~ to do whatever in the dickens he plf'ased. So the Senator is advocating the -cause of a savage and a barbarous and a Nero-like Government, a Turkish and a Prussian Government transferred to the United States. He wants a people who, of their own free will, limit their power of operation within their own territory, expressing that voice in the Constitution as a limitation upon executive, judiciary, and legislative, to be still left free, outside of its borders, to do whatever it pleases, without any limitation.

Now, my friends, there are limitations which civilized men can not ignore, outside of treaties. The Senator from Idaho, if he had been a German, I suppose, e\en with his ideas of unlimited sovereignty, never would have agreed that Germany should invade Belgium and march over her prostrate body in · order to be able to take France in the flank ; but in order that he may measure up to his full ideals and his full notions he ought to have thought that, because it was a part of the rights of Germany as a full, unlimited sovereignty, and a full, unlimited sovereignty is bound by nothing except its own measure of its own will and power. Yet the Senator from Idaho must confess that even a full, unlimited sovereignty is bound by some ideas of ethics and right.

He will agree to that, I know; so he will agree to at least that self-limitation upon government that a nation should ~ever do wrong just because it has might. The Senator agrees to that, does he not? I thought so; be bows in acquiescence. I knew it. The minute he bows in acquiescence to that he bows in acquiescence to the idea that a nation ought to limit its sovereignty in the cause of right as against its power or might. Tllen his whole argument sinks to the ground, and the whole Pruss.ian jqnker argument sinks to the ground. If we be bound as a nation by certain laws of ethics which arc recognized, then we can be more sacredly bound by putting those laws of ethics, voluntarily and beforehand, in WTiting in the shape of a treaty, or world treaty or league.

Mr. President, I have not talked much about this business, because I wanted to wait until we had it before us in the proper way, and I am not talki.ng about the details of the treaty yet, because I want to wait.

There are two clas es of people in the world, and however unworthy I may be--and I know my own unworthiness better than anybody else except God-I belong to one of them. I do not belong to the class of legalists who can see nothing in the present ami hope for nothing in the future except as based upon a precedent in the past. I belong to that class of men who dream, and who are not ashamed of dreaming; who dream of a better world and want it, and, in so far as they are worthy to pray to God at all, pray to Him for it, a world where not only individual men shall govern themselves, though in my own case I may have failed, but where communities shall govern themselves, and where nations shall govern themselves, and -where, above all things in the world, humanity all over the world shall govern

Itself by common concert of action and common accoru between nations b) behalf of the right and justice and peace. -

As some of you know, I have quoted f.r~quently the words of Thomas Jefferson, "My passion is peace.' But, my friends, it never was peace against might; it never was peace against the· assertion upon the part of any man or any nation, not even the United States, to control its own destiny as it pleased, rcgardle$8 of the destiny and the welfare and the peace and the happiness of the world. If right acknowledge might and lie down before, then there is nothing left but might, not even God's might, but brute's might.

Oh, you tell me, now, then, i~ this peace goes into effect the -United States might be forced to do something it does not want to do. It has, in the first place, a veto power, and if the public · opinion of the world became so powerful that that veto power did not count, then the United States ought to be made to do what common humanity and common sense and the interests of the world demand. That time will never come. There is no ear of it. I have no fear at all of the world running up against

the United States. -Oh, you tell me the United States has only one vote. Yes;

1.\Iississippi bas only two votes in this body. Somebody might say for that reason Mississippi would be forever barred; but if l\lississippi has any sense at all she will find some representatives from other States who agree with her every now and then, and whene"\er she is right she will find a majority in most cases.

We first have in the council the Yeto power, and, in the next place, if we did not have it we have the decently expressed opinion of decent people of the world on our side when right. What does the Senator want? Is he going back to old-time days when we talked about " a manifest destiny "? I think he is. A manifest destiny to spread ourselves all over Central and South America? I do not know. But I never found any destiny in the world which was manifest except this:

Whatsoever a man soweth that shall he reap. If you sow the seeds cf might and power an<l empire an<l

unlimited sovereignty, the chances are that you will reap a harvest of that sort raised on some other people's field, not on your own; and if you sow seeds of accord, harmony, peaee, selflimitation, then of those seeds some day you will reap the harvest, not only on other people's fields but upon your own. It is an awfully nice thing to reap the han-e t that you planted, and it is the only destiny that I know of that is both good and manifest.

How long are you going to take to subject Central and South America to North A.merican destinies? A great deal depen<ls upon the answer to that question. Within 200 years from now the majority of the 'Vestern .Hemisphere will be Spanish and Portugese speaking people. What do you want to do with them? Do you want to be left free to do whatever you please with them? I do not know that that is in the Senator' thought at all, I hope it is not; but I do know it has been in the thought of a great many people.

Mr. President, I wish that I bad the gift of tongues; I wi h that I bad the persua. ive \Oice of Thomas Jefferson; I wish that I had the calm, cool impressi\e \Oice of the President of the Unite<l States. I have not either. All I can ay is that I spew out, as far as I am concerned, the idea that. this Gov· ernment representing these United States desires to reserve to . itself any power whatsoever to execute the cause of might against the cause of right. It may be replied that the American people never would want to <lo it. I do not think tbe:r _ would myself, but if the reply be right, then the counter reply: comes in : "Then if they never want to do it why -reserve tha, so-called right? "-in other words, why not voluntarily limit our might?

There are men opposed to this league who pretend they m:c opposed to it because of special provisions in it which they, \vant amended. The Senator from Massachusetts is one of those. Most of the provisions he wanted amended 'vere amended according to his ideas, but he is opposing it yet. Then there are men honest and steadfast in their ways, like the Senator from Idaho [Mr. BoRAH], who are opposed to all covenants, to all leagues of peace.

Their honesty I can fully recognize, their intellectual. integrity I rather admire, but their wisdom I can ~ot per~e1ve, because if they be right with regard to nations in mt~rn~t~ona.l affairs the same principle would be right as regards md1v1dual affairs and as regards affairs between States in the American Union. How can a man stand oppose<l to all pos ible covenants of peace except upon one grotmd, and t~at is that. he believes a covenant would more nearly lead to wnr than 1t would to peace itself? The Senator has e:x:pre . ·eel that view, I think.

1919. CO:NGRESSIONAL RECOR.D-SENATE. 79.9 But how can a thing consh·ucteu for the purpose of keeping peace have a tendency to produce di eortl? If he and I entered into an agreement to leave all futui·e disputes to arbitrators~ would he contend witl1 me that that would be. a cause of dispute between him and me greater than we could have had without the agreement? It might not always keep the peace between us if either of us lost our temper e:x::tremely, but it at least would have the tendency of keeping the peace. .

Mr. President, when you think of the men who ha"\"e died upon the battle fields with their eyes unclosed, glaring and fleering at the sunlight and the moonlight, arms torn and gone, legs twist~d and torn, gassed and yet living; when you think of the women at home mourning for them, when you think of the children left fatherless and without much of a mother's care, because the mother is disheartened and. ean not give them the old care, is there anything in the world even promising some relief from that sort of thing that you and I are not prepared to embrace if we can?

I thank God that my boys came back without a scratch, I thank God that they did their duty, and I thank God that we ru·e not amongst the number of those who are mourning. But all the same I know those who are mourning.

There is nothing in the world more pathetic, there is nothing more tragic, there is nothing more insane and idioti.c.-and I. use the words advisedly-than war. There neTer was a just war on both sides since the world began. Somebody was wrong somewhere. All we ask is that there shall be some impartial tribunal to determine who is wrong and to enforce the decent opinion of the world upon the wrongdoer. The Senator steps in the arena and talks about "the sovereignty of this Nation." Who gave this Government sovereignty? The people. Who decided to divide the sovereignty between our dual sets of government? The people. How did they do it? Through the voice of the Constitution. What was the voice of the Constitution? Selflimitation upon the sovereignty of the States and the sovereignty of individuals. Self-limitation, n{)t outside limitation. That is all a treaty, or a world treaty, or league is. And yet when the State of Mississippi has a suit 'vith the State of Idaho it becomes outside limitation in a certain sense by the decision of the Supreme Court. But was it the surrender of any essential right of sovereignty upon the part of eithe1~? No. Why not? Because each consented to it, each agreed to it. In other words, because the so-called limitation of sovereignty was an assertion in the highest degree of sovereignty. •

1\Ir. President, I reckon I have talked enough. _Mr. BRANDEGEE. Mr. President, I niove to lay upon the

table the motion of the Senator from Kentucky [Mr. BECKHAM] to reconsider the mOtion by which t11e Semite YOted to print the treaty.

l\Ir. HITCHCOCK. The unfinished· business is before the Senate, I believe.

l\fr. BRAJ\TDEGEE. I understood there '"---us a motion made to reconsider the vote.

l\fr. HITCHCOCK. No; that motion is not pending at the pre ent time.

l\fr. BORAH. Mr. President--1\Ir. BRANDEGEE. If it is not pending, I st1ll have the floor,

and I yield to the Senator from Idaho. l\fr. BORAH. I move that we take up for consideration the

motion of the Senator from Idaho to print the treaty. That is the matter which was before the Senate, I understand,. when the unfinished business came up.

1\ir. HITCHCOCK. I suggest the absence 9f u quorum. The PRESIDING OFFICER (1\fr. WALSH of Massachusetts

in the chair) . The Secretary will call the roll. The Secretary called the roll, and the following Senators an

swered to their names : Beckham Harris Moses Simm.ons . Borah · Harrison Nelson Smith, .Ariz. Brandegce Hitchcock New Smith, Mel. Capper J"oh.nson, Calif. Newberry Smoot Culberson J"ones, Wash. Norris Spencer Cummins Kellogg Nugent Stanley Dial Kendrick Overman Sterling Dillingham Kenyon Page Sutherland Edge Keyes Phelan Swanson Elkins King Phipps Thomas Fall Kirby · Pittman Trammell Fernald Knox Poindexter Wadsworth

~~~~~:r t~~:mber ~~;J·~~e ;~~: ~~~: Frelinghuysen McKellar Reed Warren Hale McLean Robinson Watson Harding McNary Sheppard Williams

The PRESIDING OFFICER. Sixty-eight Senators ha--re answered to their names. There is a quorum present.

l\Ir. McKELLAR. Mr. President--The PRESIDING OFFICER. The 'Senator from Tennessee.

:Mr. "BORA.H. I ha\e the floor. I wa~ in possession of the floor.

The PllESIDIKG OFFICER. The las t business wns the calling of the roll. No one had the floor.

l\Ir. BORAH. I do not understand that a roll cull takes a Senator from the floor.

Mr. SMOOT. The Senator from Idaho did not e--ren yield to the Senator from Nebraska. The Senator from Nebraska rose upon the floor of the Senate and suggested the absence of a quortllll. He did not even address the Chair. I make .the point of order that the Senator from Idaho has the floor.

1\Ir. McKELLAR. I do not want to have any conh·o--rersy about it. If the Senator from Idaho desires the floor, I am Y"ery glad to yield to him.

Mr. BORAH. I feel that in all fairn'ess and as I understand the rules I had the floor.

Mr. McKELLAR. Perhaps that is so. I yield to the Senator from Idaho.

Mr. BORAH. 1\Ir. President, the able Senator from Alabama [Mr. UNDERwooD] stated that his principal objection to the publication 'of this document is its lack of authenticity, that no one can know definitely whether it is the treaty or not. I feel that an ex:amination of this copy of the treaty will convince the Senate that it is authentic, and I know of no way by which to bring its terms and its conditions and its authenticity before the Senate except to read the document. No Senator will doubt its authenticity if he will follow me.

After reading for several minutes Mr. Bor..an was interrupted by

Mr. SWA .... ~SON. l\Ir. President, I desii·e to raise a point of order against the reading of this document.

l\Ir. BORAH. Will the Senator permit me to complete the sentence I was reading?

Mr. SWANSON. Certainly. The PRESIDING OFFICER (Mr. WALSH of l\Iontana in the

chair). The Senator from Virginia will state his point of order. l\fr. BORAH. The Senator said he would wait until I finish

reading the sentence. The PRESIDING OFFICER. The point of order having

been raised, the Senator from Virginia will state his point of o.rder.

1\fr. SW A...'SOX Under Rule XXXVI, section 3, which reads: All confidential communications made by the President of the United

States to the Senate shall be by the Senators and the officers of the Senate kept secret; and all treaties which may be laid before the Senate, and all remarks, votes, and proceedings thereon, shall also be kept secret until the Senate shall by their resolution take off the injunction of secrecy, or unless the same shall be considered in open executive. session.

The. Senator states that this is a treaty. So it is required by the rule that it shall be laid before the Senate--

Mr. BORAH. Does the Senator accept the fact that it is a treaty?

Mr. SW Al'iSON. I can not accept it; but the Senator states on his authority, whatever it is, that he is about to- lay it before the Senate as a treaty, and under the rule to which I have referred it can only be considered in open session by a vote of the Senate. I think the Senator is evidently --riolating clearly a rule of the Senate. I submit for the consideration of the Chair Rule XXXVI of the Standing Rules of the Senate, page 41 of the Senate Manual.

Mr. BORAH. This is not a confidential communication-far from it.

Mr, SWANSON. This rule says: "And all treaties \Vhich may be laid before the Senate."

The Senator says he lays before the Senate a treaty. Mr. BORAH. I do not contend that I am laying before the

Senate a treaty. I contend I am la~ing before the Senate a treaty which has been proposed to the German Government. It is not a treaty; neither has it been communicated to the Senate under that rule by the President.

Mr. SWANSON. The rule refei'S to any treaty laitl before the Senate by anyone. It does not say "by the President'' or any remarks thereon. I know the Senator does not want to violate a rule of the Senate unless the Senate gives him authority to do SO~

Mr. BORAH. I will merely say that this_ treaty is going to the public. The1·e is no mistake about that. It will be there tO>-morrow morning. I await the ruling of the Chair.

The PRESIDING OFFICER. The Chair before. ruling would like to have from the Senator from Idaho an expression of his view concerning the language of the rule.

1\Ir. BORAH. I understand the objection i.S based upon para~ g;raph 3 of Rule XXXVI, which 1·eads as follows:

3. All confidential communications made by the Pre ·ident of the United States to the Senate shall be by the Senators and t he officers of the Senate kept secret-

800 CONGRESSIONAL R.ECORD-SEN ATE. JuNE 9,

I do not understand, I do not believe that tl1is comes. under tllut provision. This is not a communication made · by the President.

~Ir. SWANSON. It is not claimed that it comes under that provision.

1\Ir. BORAH. It continues: and all treaties which may be laid before the Senate, and all remarks, votes, and proceedings thereon shall also be kept secret, until the Senate shall, by their resolution, take off the injunction of secrecy, or unless the same shall be considered in open executive session.

1\Ir. Pre·sident, I do not contend that this instrument which I am presenting to the Senate is a signed treaty which has been transmitted to the Senate by anyone. I claim that it is a copy of the proposed treaty which has been submitted to the German Government, but which has not yet been signed either by the German Government or by anyone else so as to constitute in any sense a treaty us referred to in the rule. I run willing to take the Chair's ruling.

1\Ir. NORRIS. Mr. President, I should like to suggest to the Chair, in addition to what the Senator from Idaho has said, that this identical document which the Senator is reading was by vote of the Senate this v.ery day ordered to be printed in the RECORD ; so there can not be any such thing as an injunction of se~recy now imposed on it.

The PRESIDING OFFICER. The Chair is of the opinion that the vote heretofore taken would not be persuasi\e upon this question, and, moreover, that \Ote has been rendered nugatory; at least its effect has been susperided. by the pendency of the motion to reconsider. ·wm the Senator from Idaho give a little more enlightenment on the subject of subdivision 3 of the rule, which reads:

All confidential communications maue by the President of the United States to the Senate shall be by the Senators and the officers of the Senate kept secret.

That obYiously refers to communications submitted by the President. This is not such a communication. Now, however, th~ rule begins to relate to something else which comes before the Senate in some other way than by being submitted by the President. Obviously the President might submit a treaty in accordance with the first paragraph of the subdivision; but he has not done so. It is quite apparently contemplated, therefore, that a treaty may come before the Senate in some way other than by being submitted by the President.

1\Ir. BORAH. Mr. President, this is not a treaty i it has not been executed. It has been said upon the floor this morning by the Senator from Nebraska [Ur. HITCHCOCK], who I presume is as familiar as anyone with the situation, that there have been changes made in the treaty; so that this particular document never will be the treaty which will be before the Senate. I am not . contending that it is the treaty which will ultimately come before the Senate for ratification by the Senate. What I am contending is that it is the document which was proposed by the Versailles conference to the German Government. 'Vbether or not it will ever be a treaty is a wholly different proposition.

The PRESIDING OFFICER. So the Chair understands the Senator from Idaho to contend that the document in question does not fall under the provision of this rule, because it is not a treaty as the word "treaty" is used in the rule?

1\Ir. BORAH. That is my contention. Mr. FALL. Will the Senator from Idaho yield to me a

moment? Mr. BORAH. I yield. l\ir. FALL. Would it come under the rule as a treaty other

wise laid before the Senate? The rule, of course, contemplates the submission first of the treaty to the Senate, and provides for secrecy. Then it speaks of the. laying of the treaty before the Senate and provides for secrecy. That means, of course, that when a committee bas reported back the treaty and it goes. on the calendar, it shall not be laid before the Senate in the open public session of the Senate unless the Senate so orders. It does not apply to a state of affairs such us this.

The PRESIDING OFFICER. Let the Chair inquire further of the Senator from Idaho if that is the case, is it not equally so that no document is really a treaty until after it receives the approval of the Senate? Is it not only then that it becomes a treaty?

l\ir. BORAH. l\Ir. President, this it not a treaty, as I contend, at all ; for it bas not been approved by the German people.

The PRESIDING OFFICER. That is what the Ohair desires to know from the Senator. When, in the opinion of the Senator, does a document really become a treaty?

Mr. BORAH. Under this rule, I should say it becomes a tre!l ty whenever the Pre ident-the executive department-has completed his or their portion of the negotiation of the treaty and 'sends it here. Then it is a treaty under the rule of the Senate.

:\Ir. McKELLAR. l\1r. President, may I interrupt the Senator from Idaho?

1\Ir. BORAH. Yes. ·when the document has been signed by the Executi\e and sent here, it is a treaty under the rules of the Senate.

Mr. McKELLAR. Then, if the contention of the Senator is correct, why the necessity of the second subdivi ion of the paragraph of the rule? Such a treaty would come within the first part of the paragraph, which reads:

All cenfidential communications made by the President of the United States to the Senate shall be by the Senators and the officers of the Senate kept secret.

Such a treaty as the Senator suggests comes directly within that paragraph, and all the rest of it would be surplusage.

Mr. BORAH. No. There may be many confidential communications which are not treaties, and the first clause of the rule refers to any confidential communication which may be sent by the President, it may be about something else.

Mr. SWANSON. Will the Senator permit me to interrupt him? 1\Ir. BORAH. In just a moment. Then the rule provides: And all treaties which may be laid before the Senate-

That contemplates, in the first place, a treaty, and, in the second place, after it bas been laid before the Senate, ·pre urnably by authorities authorized to lay it before the Senate

Mr. SWANSON. If the Senator will permit me, it seems to me exactly the reverse. If the Senator reads tbe .first clause of Rule XXXVII, be will find it provides:

When a treaty shall be laid before the Senate for ratification, it shall be read a first time.

And so forth. Consequently the rule seems to contemplate two kinds of treaties, one inade by the President for ratification and the other which comes here as this one comes here. You can not publish the treaty until you buYe the secrecy removed.

1\.Ir. BORAH. But this is not a treaty at all, in the sense in which the rule speaks of a treaty. It is .simply a document which was proposed to the German people, and which will now never become a treaty until it bas been sighed or accepted by the German people. It mny be changed in the most radical particulars prior to that time; indeed, we know that there ha\e been some changes if the press dispatches be correct. So it is not a treaty as the word is used in the rules of the Senate.

Mr. KNOX. l\fr. President, I only want to suggest that it is the well-understood rule of diplomatic procedure, and it is adopted and accepted by all of tl1e countries of the worhl, that a document becomes a treaty the moment it is signed by the parties. It is only evidence of negotiations until that period. When it is signed it becomes a treaty-an ex:i ting treatybetween the two countries.

The next step is the exchange of ratifications, ·which is merely an office that is performed for the purpose of putting the treaty into force. The ... treaty exists; it is the agreement between the two countries, but it does not go into effect; it lies dormant until the ratifications are exchanged. It is for the purpose of obtaining our advice and consent to the ratification of the treaty that the Constitution requires that it be l~d be-fore the Senate. ·

The PRESIDING OFFICER. The Chair is of the opi nion that the rule never contemplated the presentation in this form of such a document as is now tendered for the RECORD, and he overrules the point of order.

l\fr. THOMAS. l\ir. President, before the Senator fr·om Idaho proceeds, I desire to ask him if the document from which be is reading purports to be signed?

1\Ir. BORAH. No; it does not. Mr. BORAH i·esumed the reading, and was interrupted by Mr. WALSH of Montana. Mr. President--The VICE PRESIDENT. Does the Senator from Idaho

yield to the Senator from Montana 1 1\Ir. BORAH. I yield to the Senator from 1\Iontana. l\Ir. \V ALSH of Montana. I rise to a parliamentary inquiry.

I call the attention of the Chair to Rule XI, which read as follows:

When the reading of a paper is called for. and objected to, it shall be determined by a vote of the Senate without debate.

I object to the reading of this document, and I insi t that Rule XI is applicable. It would be utterly futile to adopt a rule of that character if it only--

1\fr. LODGE. Mr. President, the point is to be determined without debate, I think.

Mr. BORAH. Permit me to say, however, that I understand that rule applies to matters which it is asked to have read by the Secretary. .

Mr. WALSH of Montana. I insist, Mr. President, that it does not apply to that alone, because, if it did, the rule would be an utterly futile one. A Senator asks that a paper be r~d from ' the desk; objection is made, and he reads it himself. The rule was intended--

1919. CONGRESSIONAL RECORD-SENATE. 801 l\Ir. LODGE. I make the point of order that the question

must be determined without debate. Mr. WALSH of Montana. The rule was contemplated to

apply to just such a case. The VICE PRESIDENT. The Senate will settle it. The

question is, Shall the reading proceed? Mr. WALSH of Montana, Mr. LODGE, and Mr. SMOOT

called for the yeas and nays. The yeas and nays were ordered, and the Secretary pro-

ceeded to call the roll. · 1\fr. !PLETCHER (when his name was called). Making the

same announcement as to my pair and its transfer as heretofor~, I vote "nay."

Mr. LODGE (when his name was called) . I have a pair with the Senator from Georgia [Mr. SMITH]. In his absence I withhold my vote. If permitted to yote, I should vote " yea."

Mr. HOBINSON (when his name was called). I have a pair with the Senator from Michigan [Mr. TowNSEND]. I transfer that pair to the. Senator from Alabama [Mr. BANKHEAD], and yote ''nay."

Mt·. STEllLIKG (when his name was called). I should like to inquire if the Senator from South Carolina [Mr. SMITH] has voted?

The VICE PRESIDENT. He has not. l\Ir. STERLIKG. I have a pair with the Senator from South

Carolina, and therefore withhold my vote. If permitted to vote, I shonltl Yote "yea." ·

:Mr. 'fRAl\ll\1ELL (when his name was called). I have a pair with tile senior Senator from Rhode Island [Mr. CoLT]. Not l;:umYing how be would vote on this question, I withhold my vote.

l\1r. WATSON (when his name ·was called). I have a pair with tile Senator from Delaware [Mr. WoLCOTT]. In his absence I \vithbold my vote. If permitted to vote, I should vote "yea."

The roll call was concluded. It·. WILLIAMS (after having voted in the negative). I failed

to note that the Senator from Pennsylvania [Mr. PENROSE], with \Yhom I have a pair, is not present. I transfer that pair to the Senator from Virginia [Mr. MARTIN], and vote "nay." ·

l\1r. LODGE. I transfer my pair with the Senator from Georgia [l\fr. SMITH], which I have previously announced, to the Senator from Wisconsin [Mr. LENROOT], and vote "yea."

l\lr. WATSON. I transfer my pair with the Senator from Delaware [Mr. WoLCOTT] to the Senator from Kansas [Mr. Uunns], and vote " yea." . 1\Ir. KING. I wish to announce that the Senator from Delawm·c [l\lr. WoLcoTT] and the Senator from Arizona [Mr. AsHURST] are detained from the Senate on public business.

lHt-. HARRIS. My colleague, the senior Senator from Georgia [l\Ir. S1-IITH], is absent on account of a death in his family.

l\1r. LODGE. I have been requested to announce the following oairs:

The Senator from New York [Mr. CALDER] with the Senator from llhode Island [Mr. GERBY] ; and · -- 'i.'l.J.e Senator from Illinois [Mr. McCoRMICK] with the Senator from Nevada [Mr. HENDERSON]. .

The result was announced-yeas 42, nays 24, as follows :

Borah Brandegee Capper Chamberlain Cummins Dillingham Edge Elkins :b'all Fernalu France

neckbam Culberson Dial Fletcher Gay Harris

YE..iS-42. Frelinghuysen McNary Hale Moses Harding Myers Johnson, Calif. Nelson Jones, ·Wash. New Kellogg Newberry Kenyon Norris Keyes Overman Knox Pa~e Lodge Phipps McLean Poindexter

NAY8-24. Harrison McKellar Hitchcock Nugent Jones, N.Mex. Pittman Kendrick Robinson Kirby Sheppard McCumber Simmons

NOT VOTING-30. 'Ashurst Gronna Owen B:Ul Henderson Penrose Bankhead Johnson, S. Dak. Phelan Calder KiLa·ngollette Ransdell Colt .., Shields Curtis Lenroot · Smith, Ariz. Gerry McCormick Smith, Ga. Gore Martin Smith, Md.

Pomerene Reed Sherman Smoot Spencer Sutherland Wadsworth Warren Watson

Stanley · swanson Underwood Walsh, Mass. Walsh, Mont. Williams

Smitb, S.C. Sterling Thomas · Townsend Trammell Wolcott

So the question was determined in the affirmative. The VICE PRESIDENT. The Senator from Idaho will

proceed. Mr. BORAH resumed the· reading of the treaty ~d was

interrupted by

LVIII--51

Mr. PHELAN. Mr. President, I rise to a point of order. Under Rule XIX, section 1, it is provided: · No Senator shall spea'k more than twice upon any one question in debate on the same day without the leave of the Senate, which shall be determined without debate.

I make the point of order that the Senator is now speaking for the second time. .

Mr. SMOOT. He has a right to speak the second time. The VICE PRESIDENT. The point of order is overruled. Mr. PHELAN. I ·withdraw the point of order. Mr. BORAH resumed the reading, and was interrupted by Mr. NELSON. Mr. President, without taking the Senator

from the floor, I should like to make a request for unanimous consent, which I think will be agreeable to the Senator, if I may make that request without taking the Senator from the floor.

Mr. BORAH. Would that take me from the floor, Mr. President?

The VICE PRESIDENT. If anybody raises the . question, it will. .

Mr. NELSON. I suppose I can state what my request will be without that being done.

Mr. WALSH of Montana. Mr. President--1\Ir. NELSON. My request is that the unfinished business be .

temporarily laid aside, and that a direct vote be had upon the motion to reconsider the motion of the Senator from Idaho to print this document in the RECORD. .

Mr. BORAH. Mr. President, I should like to hav~ that done, but I do not want to lose the floor, and if that unani:J;llOl.ls-consent request is submitted and objected to, that will take me off the floor. · Mr. ·wALSH of Montana. Mr. President, I think that can

be accomplished by adding " and that the consideration of the application for unanimous consent shall not operate to deprive the Senator from Idaho of the floor."

Mr. BORAH. Very well. Mr. NORRIS. Is that going to be done without debate?

. Mr. NELSON. My request is that the unfinished business be temporarily laid aside, and that a vote be had without debate upon the motion to reconsider the motion of the Senator from Idaho to print this document in the RECORD. · ·

The VICE PRESIDENT. Is there any objection? Mr. HITCHCOCK. Mr. President, as far as I can speak for

those · here, I think that will be entirely satisfactory. We objected very ~eriously whe~ the Senator from Kentucky [Mr. BEcKH .. u£] made a bona fide motion to reconsider, and a disposi-· tion was shown to lay that motion on the table. If we can have a direct vote on that question, we are willing to have it without any debate.

Mr. LODGE. Without debate? 1\Ir. HITCHCOCK. Without debate. Mr. · BORAH. That is, that the vote shall be taken upon

the motion of the Senator from Kentucky [Mr. BECKHAM] to reconsider?

Mr. HITCHCOCK. Yes; that is it. The VICE PRESIDENT. As the Chair understands, the

proposition is that the unfinished business be temporarily laid aside; that by unanimous consent, and without debate the vote be taken upon the motion of the Senator from Kentucky, [Mr. BECKHAM.] to reconsider; and that such action will not lose the floor to the Senator from. Idaho. Is there any objection? The Chair hears none. The question is on the motion to reconsider.

Mr. NORRIS. I suggest the absence of a quorum, Mr. President.

The VICE PRESIDENT. The Chair thinks that is in direct . violation of the unallin)ous-consent agreement.

Mr. NORRIS. It is only done for the purpose of getting Senators here.

The VICE PRESIDENT. If the Senator calls for the yeas and nays, they will come in.

Mr. NORRIS. It will take just twice as long. However, I call for the yeas and nays, Mr. President.

The yeas and nays were ordered. The VICE PRESIDENT. The Secretary will call the rolL

The question is on the motion to reconsider. The Secretary proceeded to call the roll. l\1r. LODGE. Mr. President, a parliamentary inquiry. The

vote is being taken on the motion to reconsider? The VICE PRESIDENT. On the motion to reconsider. , 1\Ir. LODGE. Those agafust reconsideration will vote· " nay,"

then. The Secretary resumed the calling of the roll .

802 CONGRESSIONAL REOORD-SENATE~ JUNE 9,

Mr. DILLINGHAM (wnen. his name was called}. Beeause of my general pair with the senior Senator from Maryland [Mr. SMITH], who is not in his seat, I withhold my vote. If at liberty to vote, I should vote "nay." .

Mr. FLETCHER (when his nrune was called}.. I make the same announcement as to my pair and its tr.ansfer as before and vote." yea."

l\1r. LODGE (when his name was called}. I have a general pair with the Senator from Georgia [Mr. SMITH]. I transfer that pair to the Senator from New Hampshire [Mr. MoSEs] and vote" nay.H

l\1r. OVERMAN (when his name wa:s .calle<l). I have a general pair with the Senator from Wyoming [Mr. W A.RREN]. I transfer th-at pair to the Senator from nklahoma [Mr.. OWEN] and vote " yea."

l\fr. ROBINSON (when his name was called). I hav.e a pair with the Senator from Michigan [Mr. Tow "SEND]. I transfer . that pair to the Senator from Alabama [Mr. BANKHEAD] and vote "yea." ·

1r. WILI..IAMS (when the name of Mr. s~rrTH of Georgia. was called). The Senator from Georgia [Mr. S~riTR] is detained from the Senate by death in his family.

.Mr. STERLING (when his name was called). I announce thn.t I am paired with the Senator from South Cm.·olin.a IMr. SMITH] and withhold my vote. If at liberty to vo-te, I sh.ould Yote "nay."

Mr . . THOMAS (when his nrune was ~ed). In the ubsence of my "pair, th-e Senator from No.rth Dakota [l\fr. McCu~rB:I!~], I withhold my vote.

Mr. TRAIDfELL (when his name was called). I am paired ·with the Senator from Rbod~ Island . [Mr. CoLT]. I transfer that pair to the Senator fr~m South Dakota [Mr . .ToHNsON] and vote "yea."

Mr. WATSON {when his name was called}. I am paired with the senior Senator from DelawaTe [Mr. WoLDOTT]. In his absence, I withhDl.d my vote. If at liberty to vote, I should vote "nay."

Mr. 1VILLI~:1S {when his name was called). Transferring my pn.ir with the senior Senator from Penn~Jvania [Mr. PENROSE] to the senior Senator from Virginia [Mr. MARTIN], I -vote " yea." . .

The r~ll c&TI was concluded. l\Ir . . McKELLAR. I have a pair with the Senator from Con

necticut [Mr. BRANDEGEEJ. In his absence I withhold my vote. If at liberty to vote, I should vote "yea." • ·

Mr. HARDING (.after having voted in. the negative). I hav:e a1ready cast my vote in the negative before I was a ware of the absence of the junior Senator from Alabama IMr. UND.EB.wooD]. I transfer my general pair with the Senator from Alabama to the senior Senator from Maine [Mr. FERNALD] and vote "nay."

Mr. DILLINGHAM. I transfer my pair . with the senior Senator from Maryland [l\11·. SMITH] to the senior Senator from Connecticut [l\1r. BRANDEGEE] and vote "nay."

l\fr. McKELLAR. I understand that the Senato1· from Vermont has tram:;ferred his pair to the Senator from cOnnecticut [Mr. B.RANDEGEE].

1\lr. DILLINGHAM. I have. 1\Ir. MCKELLAR. Then I am at li.beTcy to vote, and I vote

"yea:~ . · Ir. KING. I desire to announce that the Senator from

Delaware [l\ir. WoLCOTT] and the Senator from Arizona .[Mr. AsHURST] are detained on pUblic business.

Mr. CURTIS. I have been requested to announce tile following pairs:

The Senator from New York [Mr. CALDER] with the Senator - from Rhode Island {1\Ir. GERRY] and

The Senator from Illinois [Mr. McCoRMICK] with the Sena-tor from Nevada [Mr. HENDERsoN].

The result was announced-yeas 26, nays 41, as follows:

Bec.khn.m CnlbPrson Dial Fletcller Gay Harris Harrison

Borah Capper Chamberlain Cummins Curtis Dillingham Edge Elkins Fall France Frelinghuysen

YEA.S-26.

Hitchcock Jones, N.Mex. K endrick King Kirby McKellar Nugent

Overman Phelan Pittman Robinson Sheppard Simmons Smith, Ariz.

N.A.YS-41.

Gronna Hale Harding Johnson, Cn.ll!. Jones, Wash. Kellogg Kenyon K P.yes Knox La Follette Len root

Lodge :McLean McNary Nels9n New Newberry Norris Page Pbjpps Poindexter Pomerene

StJmley Swan on Trammell Walsh, Mont. Williams

Reed Sherman Smoot . Spencer Sutherland Wadsworth Walsh, Mass. Warren

Ashurst Gore Owen _ Thomas Town~nd Underwood Watson Wolcott

Ball Henderson Penrose

. ~~!~i;ge if~o~?~ic~. Dak. f~~~~n: Calder McCumber Smith, Gq. Colt Martin . Smtih, Md. Fernald Moses Smith, S. C. Gerry Myers Sterling

So the motion to reconsid~r was rejected. Mr. BORAH. l\1r. President, there are a number of maps in

this proposed trea.ty, which 1 p1·esume can not go in the RECORD. At least, I understan-d that the rule is that they can not, so I will not ask that the maps .be printed in the RECORD. Later, I will see if we can have the proposed t:reaty printed as a Senate document with the maps.

The propose<l treaty is as ·foU~ws :

OONDITIONS OF PEACE

The United States of Americ.a, the British Empire, France, Italy .a.nd Japan,

These Powers being described in the present Treaty as the Principal Allied and Associated Powers,

Belgium, Bolivia, Brazil, China, Cuba, Ecuador, Greece, Guatemala, Haiti, the Hedjaz, Honduras, Liberia, Nicaragua, Panamtt., Pa-n, Poland, Portugal, Roumania, the Serb.-Croat and Slovene State, Siam, Tchecko-Slovalda and Uruguay,

These Powers constituting with th~ Principal Powers mentioned above, the Allled and Associated Powers,

of the one part ; And Germany.

of the other part ; Bearing in mind that on the request of the Imperial German

Government an armistice was granted on November 11, 1918 to Germany by the Principal Allied, and Associated Powers in order that a TI·eaty of Peace might be concluded with her, and

The- Allied and Associated Powers being equally desirous that the war in which they were su~cessively involved directly or indirectly and which originated in the declaration of war by A.ustria-Hungru.;y on July 28, 1914 against Serbia., the declaration of war by -Germany against Russia. on August 1, 1914 and against Franee on August 3, 1914, and in the invasion of Belgium, should be replaced by a firm, just and durable peace.

For this p:urpose the High Contracting Parties represented as follows: · The President of the United States of America, by:

The Honourable Woodrow Wilson, President of the United States, aeting in his own name and by his own proper auth-ority;

The Honourable Robert Lansing, Secretary of State; The Honourable Henry White, formerly Ambassador

Fa:tra.ordinary and PlempotentiB.ry of the United tates · at ·Rome and Paris; The Honourable Edward l\L House;

· General Tasker H. Bliss, Military Representative of the United States on the Supreme War Council;

His Majesty the King of the United Kingdom of Great Britain and Ireland nnd of the British Dominions Beyond the Seas, Emperor -of India, by :

The- Right Honourable David Lloyd George, l\f. P., First Lord of His Treasury and Prime Minister;

The Right Honourable Andrew Bonar Law, M. P., His Lord Privy Seal;

'The Right Honourable Viscount Milner, G. C. B., G. C. l\1. G., His Secretary of State for the Colonies;

The Right Honourable Arthur James Balfour, 0. M., .M. P., His Secretary of State for Foreign Affairs;

And

The Right Honourable George Nicoll Burnes, M. P., Minister without portfolio ;

for the Dominion of Canada, by : The Right Honourable Sir Robert Laird Borden, G. C.

M. G.~ Prime l\1inister; The Right Honom·able Sir George Enlas- Foster, G. C.

M. G., Minister of Trade and Commerce ; · for the Commonwealth of Australia, by:

The Right Honourable William Morris Hughes, Attorney General and Prime Minister;

The Right Honourable Sir Joseph Cook, G~ C. M. G., Minister for the Navy; ·

for the Union of South Africa, by: General the Right Honourable Louis Bothu, Prime l\linis

ter; Lieutenant General the Right Honourable Jan Christiaan

Smuts, K. C., Minister of Defence;

1919. CONGRESSIONAL RECORD-SENATE. 803 for the Dominion of New 7-ealund, by:

The Right Honourable W. F. Massey, Minister o:L Labour and Prime Minister ;

for India, by : · . The Right Honourable Edwin Samuel 1\Iontagu, l\1. P., His

Secretary of State for India; Major General His Highness Maharaja Sir Ganga Singh

Babadur, Maharaja of Bikaner, G. C. S. I., G. C. I. E., G. C. V. 0., K. C. ll., A. D. C.;

The President of the French Republic, by: . . . l\1r. Georges Clemenceau, President of the Counc1l, Mlms-

ter of "' ar · 1\lr. Pichon, 1\hnister of Foreign Affairs; Mr. L.-L. Klotz, Minister of Finance; Mr. Andre Tardieu, Commissary General for Franco

American Military Affairs ; Mr. Jules Cambon, Ambassador of France.

His Majesty the King of Italy, by: . . . . Mr. V. E. Orlando, President of the Councrl of M1rusters, Baron S. Sonnino, Minister of Foreign Affairs; Marquis G. F. Salvago Raggi, Senator of the Kingdom,

formerly Ambassador of His Majesty the King of Italy at Paris; .

1\lr. A. Salandra, Deputy, formerly President of the Council of Ministers ;

Mr. S. Barzilai, Deputy, formerly Minister; His Majesty the Emperor of Japan, by:

Marquis Saionzi, formerly President of the Council of Ministers ;

Baron Makino, formerly 1\linister of Foreign Affairs, Member of the Diplomatic Council;

Viscount Chinda, Ambassador Extraordinary and Plenipotentiary of H. M. the Emperor of Japan at Lon-don· ·

Mr. K. Matsui, Ambassador Extraordinary and Plenipotentiary of H. l\L the Emperor of Japan at Paris;

Mr. H. Ijuin, Ambassador Extraordinary and Plenipotentiary of H. M. the Emperor of Japan at Rome;

His Majesty the King of the Belgians, by: Mr. Hymans, Minister of Foreign Affairs, Minister of

State; Mr. van den Heuvel, Envoy Extraordinary and Minister

Plenipotentiary of H. M. the King of the Belgians, · Minister of State ; Mr. Vandervelde, Minister of Justice, Minister of State;

The President of the Republic of Bolivia, by : Mr. Ismael Montes, Envoy Extraordinary and Minister

Plenipotentiary of Bolivia at Paris; The President of the Republic of Brazil, by:

Mr. Epitacio Pessoa, formerly Minister of State, formerly Member of the Supreme Court · of Justice, Federal Senator;

Mr. PandiU. Calogeras, Deputy, formerly Minister of Finance;

Mr. Raul Fernandes; The President of the Chinese Republic, by:

Mr. Lou Tseng-Tsiang, Minister of Foreign Affairs; Mr. Chengting Thomas Wang, formerly Minister of Agri·

culture and Commerce ; The President of the Cuban Republic, by:

Mr. Antonio Sanchez de Bustamante, Dean of the Faculty of Law in the University of Havana, President of the Cuban Society of International Law;

The President of the Republic of Ecuador, by: l\Ir: Enrique Dorn y de Alsua, Envoy Exti·aordinary and

Minister Plenipotentiary of Ecuador in Paris; . His Majesty the King of the Hellenes, by :

Mr. Eleftherios Veniselos, President of the Council of Ministers;

Mr. Nicolas Politis, Minister of Foreign Affairs; The President of the Republic of Guatemala, by :

Mr. Joaquin Mendez, formerly Minister of State for Public ·works and Public Instruction; Envoy Extraordinary and l\linister Plenipotentiary of Guatemala -at Washington, Envoy Extraordinary and Minister Plenipotentiary on special mission at Paris ;

The President of the Republic of Haiti, by: Mr. Tertullien Guilbaud, Envoy Extraordinary and Min·

ister Plenipotentiary of Haiti at Paris; His Majesty the King of the Hedjaz, by :

M:r. Rustem Haidar; Mr. Abdul Hadi Aouni ;

.

The President of the Republic of Honduras, by: Dr. Policarpe Bonilla, on special mission to 'Vashington,

formerly President of the Republic of Honduras, Envoy Extraordinary and Minister Plenipotentiary ;

The President of the Republic of Liberia, by : The Honourable C. D. B. King, Secretary of State;

The President of the Republic of Nicaragua, by : Mr. Salvqdor Chamorro, President of the Chamber of

Deputies; · The President of the Republic of Panama, by :

Mr. Antonio Burgos, Envoy Extraordinary and Minister Plenipotentiary of Panama at Madrid_;

The President of the Republic of Peru, by: Mr. Carlos G. Candamo, Envoy Exti·aordinary and Min

ister Plenipotentiary of Peru at Paris; The President of the Polish Republic, by :

Mr. Roman Dmowski, President of the Polish National Committee;

Mr. Ignace Paderewski, President of the Council of Ministers, Minister of Foreign Affairs ;

The President of the Portuguese Republic, by: Dr. Affonso Costa, formerly President of the Council of

Ministers ; Mr. Augusto Soares, formerly Minister of Foreign Af

fairs; His Majesty the King of Roumania, by : . .

Mr. Jean J. C. Bratiano, President of the Council of Mmisters; Minister of Foreign Affairs;

General Constantin Coanda, Corps Commander, A. D. C. to the King, formerly President of the Council of Ministers;

His Majesty the King of the Serbs, the Croats, and the Slo-venes, by: . . 1\lr. N. P. Pachitch, formerly 'President of the Council of

Ministers ; Mr. Ante Trumbic, Minister of Foreign Affairs; l\1r. Milenko R. Vesni~ch, Envoy Extraordinary and Min

ister Plenipotentiary of H. l\1. the King of Serbia at Paris;

His Majesty the King of Siam, by: -Prince Charoon, Envoy Extraordinary and Minister Pleni

potentiary of H. l\1. the King of Siam at Paris : Prince Traidos Prabandhu, Under Secretary of State for

Foreign Affairs ; · . The President of the Tchecko-Slovakian Republic, by :

l\Ir. Charles Kramar, President of the Council of Ministers;

Mr. Edouard Benes, Minister of Foreign Affairs: The President of the Republic of Uruguay, by:

Mr. Juan Antonio Buero, Minister of Industry, formerly Minister of Foreign Affairs ;

Germany, by: . Count Brockdorff-Rantzau, Minister for Foreign Affa1rs

of the Empire; Dr. Landsberg, Minister of Justice of the EmpiTe; Mr. Giesberts, Minister of Posts of the Empire; . T

Oberbiirgermeister Leiuert, President of the PrtlSStan Na-tional Assembly ;

Dr. SchUcldng; . Dr. Karl Melchior;

Acting in the name of the German Empire and of each and every component State, . .

Who having communicated their full powers found m good and due form have agreed as follows:

From the coming into force of the present Treaty. the state of war will terminate. From that moment and sU~Ject to the provisions of this Treaty official relations with Germany, a.nq with any of the German States, will be resumed by the All1ed and Associated Powers.

PART I.

THE COVENANT OF THE LEAGUE. OF NATIONS.

The High Contracting Parties, . . In order to promote international co-operation and to aclncvc

international peace and security by the acceptance of obligations not to resort to war,. by the prescription of open, just and honourable rela tlons

between nations, by the firm establishment of the understandings of inter

national law as the actual rule of conduct among Governments, and ·

by the maintenance. of . justi~e and a s~rupulous respect for all treaty obligations m the dealings of orgamsed

•peoples with one another, · Agree to this Covenant of the League of Nations.

804 CONGRESSIONAL. RECORD- SENATE. JuNE 9,

ARTICLE 1.

The oTigina:l Members of the League of Nations shnJl be those of the Signatories which are named in the Annex to this Covenant and also such of those other States_ named in th~ A.nnex a& shall accede. without reservation to-this Covenant. Such.accession shall be effected by a Declaration deposited with the Secretariat within two months of the· coming into force of the Covenant. Notice thereof shall be sent to all other Members' of the League.

Any fully self-governing. Stater Dominion. or Colony not' named in the Annex. may become a Member of the League if its admission is agreed to by two-thirds of the Assembly, provided that it shall give effective guarantees of its sincere intention to observe its international obligations,, and shall accept such regulations as may be prescribed by the. League in regard to its military and naval forces and armaments.

Any Member of the League may, after· two years' notice- of its intention so to do, withdraw from the League, provided that all its international obligations- and all it& obligations under this Covenant shall have been fulfilled at tha time of..its withdrawal.

ARTICLE 2.

The action of the League under this covenant shall be effected through the instrumentality of an Assembly and of- a Council with a permanent Secretariat. '

ARTicLE 3. The Assembly shall consist of Repl'"escntatives of ' the 1\Iembers

of the League. .. The Assembly shall meet at stated intervals and from· time to

time as occasion may require at the Seat of the League or at such other place as may be decided upon. ·

The Assembly may deal at its meetings· with any matter within the sphere of action of the League or affecting the peace of the world.

At meetings of the Assembly each Member of the League shall have one vote, and may have not more than tll:ree Representatives.

ARTICLE 4.

~be Council s~all cons1~t of Representatives of tlie Principal All1ed and Assocrnted Powers,. together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly fi'om time to time in its discretion. Until the appointment of. the Representatives of the four Members of the_ League first selected by the Assembly Representatives of Belgium, Brazil, Spain and Greece shan b~ members of the Council.

With the approval of the majority of the Assembly the Council ma_r name additional Members of the :League whose: Representatives shall always be members· o:f the· Co_uncil· the Council with like approval may increase the number of Mei:nbers of the League to be ·selected by the Assembly for representation on the Council.

The Council shall meet from time to time as_ oc_casion may require, and at least once a year, at the Seat of the League, or at such other pla<:e as may be decided upon.

The Council may deal at its. meetings with any mutter within the sphere of action of the League or affecting the peace of the world. · · _ . Any Member of the League not represented on the Council

shall be invited to send a Representative to sit as. a member at any meeting of the Council during the considern.tion of matters specially affecting the interests of that Member of tlie- League.

At meetings of' the Council, each Member of the League represented on the Council shall haye one vote, and· may have notmore tllan ene Representative.

ARTIGLN. 5. Except whe~:e otherwise exp~:essly provided in. this Covenant

or by the terms of the present Treaty, decisions at any meetin-g of the Assembly or of the Council shall require the agreement of all the Members o:l: the League represented at the meeting.

All matters of procedure at meetings of the: Assembly or of the Council~ including the appointment of Committees- to investigate particular matters, shall be regulated by the Assembly o:r: by the Council and may be decid'ed by a majority of the Members· of the League represented at the meeting;

The first meeting of the Assembiy and the first meeting of the Cnuneil shall be summoned by the President of the United States of Amelica.

ARTICLE 6.

The-permanent Seeretnriltt shall be·estafilislieu at-tfie Seat of tlie League; Tir~ Sec:eturiat shrull compri e a: Seeretn-;y General and such secretaries and staff as may beo- requi-red~

The first Secretary- Genemi shrull be the peFSon named in tne Annex ; thereafter the Secretary General shall be appointed

by the Council with the approval of the majority of the Assembly.

The secretaries and stuff of the Secretariat shall be appointed by the Secretary General with the approval of the Council.

The Secre.wy- General shalt act in that capacity at all meetings of the Assembly and of the Council.

The expenses of the Secretariat shall be borne by the Members of the League in accordance with the apportionment of the expenses of the International Bureau of the Universat Postal Union.

ARTICLE 7. The Seat of the League is establislled at Geneva. The Council may at any time decide that tile Seat of the

League shall be established elsewhere; Arr positions under or in connection with the League includ

ing the Secretariat, shall be opea eq_ually to men and w~men. Representatives of the Members. or the League arrd officials of

the League when engaged on the business of the League fiall enjoy diptomatie privileges and fmmunities. ~be bu.i}-dings_ tmd other property occupied ,bY the- League

or 1ta offici.a.l.Korby Representatives attending its meetings shall be inviolable.

ARTICLE 8.

The Members of the League recognise that. the maintenance of peace requires the :reduction of national a:rmaments to the lowest point consistent with national safety and the enforcement by common action of ihternationai obligations.

The COun·cil~ taking account of the geograpWca:l situation and circumstances of. each State, shall formulate plans for such reduction for the consideratiDn. ana action of the several Governments.

Such plans shall be subject to reconsideration and revision at I east every ten years.

After these plans shall have been adopted by the several Governments, the limits of a-rmaments· therein fixed shall not be exceeded without the concurrence of-the- council.

The Melllbe.rs of the League agree· that the· manufacture by private enterprise of- munitions and implements o.f war is open to grave objections. The Council shall advise how- the evil effects attendant upon such manufacture_ can be prevented, due regard being had to the necessities. of' those Members of the League which are not able to manufacture the munitions nnd implements of war necessary for their safety.

The Members of the League undertake to· interchange. full and frank information as to the scale of their armamentsj theii military and· naval programmes and the condition of such of their industries as are ada]2tab1e to war-like purposes.

AR"TICLE. 9~

A permanent Commission shall be censtituted to advise th~ Council en the -execution of- the provisions of Articles 1 and 8 and oa milita1·y and naval question.s generally~

ARTICLE 10. The· Members ot the League undertake to respect and_ preserve

as against external aggression the territorial integrity and existing political independence of all Me.mJ.Jers- of- the League. In case of any such aggression or m caBe of any threat or· danger of such aggression the Council sha:ll advise· upon tile means by which this· obli'gation slia:ll be fUlfille<T.

ARTICLE 11. Any-war: o1r threat of war,. whether immediately affecting any

ot. the-Members of the League or-not, is hereBy decla;red a matter of concern to the whole League; and- tlle League- shall take any action that may be· deemed \v.ise: and efieetual to safeguard the peace of nations. In case any such. emergency should arise the Secretary General shall on the request of any 1\Iember of the League forthwith summon a meeting ot the Council~

It is also· declared to be the friendly right of each l\r-ember of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international re· lations which threatens to. disturb international peace oc the go.oci understanding- between natfons upon which peace depends.

.A.nTJ:.cnE· 12. Tiie Members· of the League. mrree that if there should arise

between them any- dispute li1..-ely to lead to a ~ture, they will submit the matter either to arbitration or to inqui.cy by the · Council, and they agree in no-case to resort to war unn"'l three· months after the award· by the- arbitrators- or the report by the Council.

In any case under this:" Article· the aw.am of tne arbitrntors shall be made within a reasonable time; and the report of tho Council shall be made within six months: after the submission of the dispute.

1919. oo·NG-RE&sfoN 1\.'L ~R.ECORD~. s:E:N :tt!.YE. 80-~ •. i)

ARTICLE 13. The .Members of tlle League agree that whenever m1y .dispute

shall arise between them which they ·1·ecognise to be suitable for submission to arbitration ·and •which cannot be satisfactorily settled bY diplomacy, they -will submit ·the whole s1tbjectunatter to arbitration.

Disputes as to the interpretation of a treaty, as to any ~uestion of international law, as· to the existence -of any ...fact-which if -established would constitute a breach ·of .any intern:ltional obligation, or as to the extent and ·nature of the ·.r:.eparation -to be made for any such breach, are declared -to be among ·those which are ·generally suitable for ·submission to -arbitration.

For the consideration of any ·such dispute the ·court oLArbin·ation to which the case is referred shall be the court agreed on by the parties ·to the dispute or stipulated .in ·any com-ention existing between them.

The l\1embers of the League ·agree that they will can•y out in full good faith any award that__may be rendered, and that they will not resort to war against a l\1ember of the League which complies · therewith. In the event .of any failure to carry out such an award, the Council shall cpropose what steps .should be taken to -giTe effect thereto. ·

ARTICLE 14. The Council shall formulate and submit to-the l\lcmbers of the

League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred -to it by the Council or by the Assembly.

AUTICLE 15. If there should arise between 1\Iembers of the League ru1y

dispute likely to lead to a rupture, which is not submitted to arbitration in accordance with Article 13, the 1\Iembers of the League agree that they ·will submit the __matter to the rCouncil. Any party to the dispute may effect such submission by giving notice of the existence of the .. dispute to the Secretary Genew, who will make all necessary .arrangements for a full im:est~gation and consideration thereof.

For this purpose the parties to the dispute will communicate to the Secretary General, as promptly as possible, statements of their case with all the relevant facts and papers, and·-the Council may forthwith direct the publication thereof.

The Council shall endeavour to effect a settlement of th~ dispute, and if such efforts a re successful, a ·statement shall be-made public giving such facts and ,explanations regarding ..the dispute and the terms of settlement thereof as the Council .may deem appropriate.

If the dispute is not thu-s . ettled, the Council either u.n.animously or by a majority vote shall make and publish a :r-~port containing a statement .of the.facts of the dispute and the' recommendations which are deemed dust and proper in regard .thereto.

Any Member of the 'League 1.'epre~ented op the Oouncil may make public ·a statement of the -facts ef the dispute and of its conclusions regarding the same.

If a report by the Council is unanimously agreed to by ·t11e Members thereof other than the Representatives of one or .:roo~.:.e of the parties to the disp__ute, .the Members of the League~agr.ee that they will not go to ~war with any party to the ·dispute which complies with the r:ecommendations of the report.

If the Council fails to reach a report which is unanimQllsly agreed to by the Members thereof, other than the R~presentatives of one or more -of the parties to -the dispute, the Members of tlae League re.serve to them-sel\es ·the light to take -such action as they shall consider necessa~·y for the maintenance of right and justice.

If the dispute between fue parties is ·claimed by one of them, and is found by the Council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Councilshall ·so ·report, -and sball:.n:mke ·no·recommendation as to its settlement.

The Council may in any ease. under -this :Article -refer tile dispute to the Assembly. "The dispute shall l>e so referred :at the request of either-party to the -dispute, provided that such request be made ~1thin .fourteen days ·af:ter·the :suhmission ·ofJhe dispute to the Council.

-In any ... case ra.ferJ;ed ·to the .... ~ ·embly .all the ·provisions of this · Article and of Article '12 ·relating to the action and -powers >Of the Council shall apply to the action and powers ,of·the .Assembly, 11rovided that a report made by the . .As embly, .if concurred in by the Representati¥es. o.f ·those 11\Iembers of the League ~represented on the Council and of a majority of the oilher:lt1cmb:ers of the !League, exclnsive .. in eaoh case.,.of ihe llepre entatives of the parties to tile dispute, shalllmve the same force ·as .a ·report by the Cotmcil concurred in by all t11e membt>rs thereof other

than the Representatives of one or more of the parties to the dispute.

AnTICLE '16. ·Should _any Member of the 'League resort to 'var in disregard

of its c1wenants under ArtiCles 12, 13 or 15, it shall ipso tacto be deemed to have committed an act of war against all other Members of the League, 'vhich hereby undertake immediately to subject ·it to the severance of all .trade or financial relations; th€ prohibition of all intercourse between their nationals and the nationals of the coyenant-breaking State, and the preYenti<m of 'ali financial, commercial or personal intercourse between t11e nationals of the covenant-breaking State and the nationals of any other ..State, whether a Member of the League or not.

It shall be the duty of the Council in such case to recommem1 to the seYeral GoYernments concerned ·what effecti-re military or naval force the Members of the League shall severally contribute to the armed forces to be used to 1Jrotect the covenants of -the League.

'The Members of the League agree, further, that they '-vill mutually support one another in the financial and economic measures which are taken under this Article, in order to minimise the los.-; and inconvenience ·resulting from the .above measures, and that they will mutually support one another in ·resisting ·any special measures ·aimed at one of -their ·number by the covenant-breaking ·State, and ·that they will take the

-necessary steps to afford ·passage through their territory to the forces of any of the l\lembers of the League which are co·operating to protect the covenants of the League.

Any Member of the Leu.gue which has violated any covenant of ·the League may be declared to be no longer ·a Member of the League by .:a Tote -of the Council concurred in by the 'llept·esentatives of all -the other Members of the League represented thereon.

AR'riCI:E I7. In tlle event of a dis]Jute between a Member .of the League

and a State .which is not .a Member of the League, or between States not 'Members of tl1e I .. eague, the State or States not M:embers of tile League shall be inYited to - ace~pt the obligations of ..membership in the :League for the _purposes of such ·di;:umte, .upon such conditions as the Council may J.leem just. ·u such invitation is accepted, the prov.i.sions of .Articles 1~ to 16 inclusive -shaU be applied with such modifications as mny be deemed ..necessary QY the Council.

·upon s.uch invitation being :given the Council-shall iunueiliately institute"an inqniryJnto the circumstances of the di ·pute_ and recommend such action Lus may seem b.est and ;most -effectual in the circumstances. ·

-If a State so invited shall refuse to accept the obligatio11s of membership in the .Leagne for tlle purposes ,of such cli~pnte, .and sha1l ·resort to w.ar a_gajnst ·a l\lember ill th€ League, the provtsions ill Article 16 sllall be applicable ·as against the State taking such action.

_If both patties of tlle dispute ·\'L.hen so invited ·refuse .to aceept the obligations of member.Sh.ip in the .Lea:gue for the :pur~oses of sucll dispute, the Couucil.mny take such memmres and make such recommendations us ,will _prevent hostilities anll will ·result in .the settlement of the oispute.

:.:ll:.TICLE 18. Every treaty or international engagement ·eutePell into here

after QY -<'IDY Member af -the League shall be :forthwith registered with the ·Secretariat and shull us soon .as possible be published by it. ·No such treaty or international enga~ement shall be -binding until so -registePed.

·AB'.GICT...E :W. The· :.\.ssembly -may ·from ·time to time mlYise tl1e reconsiller

_ation by .Members of the League of treaties whiCh ha•e_ become _inapplicable ·and the consideration of international conUitions whose continuance •might -enilangcr · the pe::rce -of the world.

AnTICLE 20. .The Members of the League. severally .agree that this CoYe

nant is accepted s abrogating ,all obligations . or understandings inter se which.are inconsistent ·roth the terms thereof, and solemnly undertake ~that they will not heJ.·eafter enter into any engagements inconsistent '-vith the ,terms thereof.

In case any Member of the League shall, before becoming a Member of ~tile -League, ha•e ,undertaken any obligations inconsistent wi_th the terms of tllis .CoYenant, it sllall be the duty o.f ,such !emb-er to take immediate ·steps to -:procure its release from such obligations.

t!\..RT.ICU: :21. Kothl~g in this CoYenanttSllall be de~mc£Lto affect the validity

oLintenurtionul engagements, such ·as treaties of arbitration ot• ·regional 'understandings like tlle l\.Ionroe doctrine, for securing the maintenance of peace.

806 CONGRESSION1\.L R.ECORD-SENATE. JUNE 9,

ARTICLE 22. To those colonies and' territories which as a consequence of

the late '\\ar haYe ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuout conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.

The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or the geographical position can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions and other similar circumstances.

Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. r.rhe wishes of these communities must be a principal consideration in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of _civilisati~m, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best aqministered under the laws of tire Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge. ·

The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

A permanent Co:r:nmission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to theobservanceof the mandates.·

ARTICLE 23. Subject to and in accordance with the provisions of interna

tional conventions existing or hereafter to be agreed upon, -the Members of the League :

(a) will endeavour to secure and maintain fair and humane conditions of labour for men, women, and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary international or-gan~ations; ·

(b) undertake to secure just treatment of the native inhabitants of territories under their control;

(c) will entrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in opium and other dangerous drugs;

(d) will entrust the League with the general supervision of the trade in arms and ammunition with the countries ·in which the control of this traffic is necessary in the common interest;

(e) will make provision to secure and maintain freedom of communications and of transit and equitable treatment for the commerce of all Members of the League. In this connection, the special necessities of the regions devastated during the war of 1914-1918 shall be borne in mind;

(f) will endeavour to take steps in matters of international concern for the prevention and control of disease.

ARTICLE 24.

There shall be placed under the direction of the League all international bureaux already established by general treaties if the parties to such treaties consent. All such international bureaux and all commissions for the regnlation of matters of. international interest hereafter constituted shall be placed under the direction of the League.

In all matters of international interest which are regulated by general conventions but which are not placed under the control of international bm·eaux or commissions, the Secretariat of the League shall, subject to the consent of the Council and if desired by the parties, collect and distribute all relevant information and shall render any other assistance which may be necessary or desirable.

The Council may include as part of the expenses of the Secretariat the expenses of any bureau or commission which is placed under the direction of the League.

ARTICLE 25.

The Members of the League agree to encourage and promote the establisment and co-operation of duly authorised voluntary national Red Cross organisations having as purposes the improv.ement of health, the prevention of disease and the mitigation of suffering throughout the world.

ARTICLE 26.

Amendments to this Covenant will take effect when ratified by the Members of the League whose Representatives compose the Council and by a majority of the Members of the League whose Representatives compose the Assembly.

No such amendment shall bind any Member of the League which signifies its dissent therefrom, but in that case it shall cease to be a Member of the League.

ANNEX.

I. Original members of the Leagzte ot Nations signatories of the treaty of peace.

United States of America. Belgium. Bolivia. Brazil. British Empire.

Canada. Australia. South Africa. New Zealand. India.

China. Cuba. Ecuador. France. Greece. Guatemala.

Haiti. Hedjaz. Honduras. Italy. Japan. Liberia. Nicaragua. Panama. Peru. Poland. Portugal. Roumania. Serb-Croat and Slovene State. Siam. Tchecko-Slovakia. Uruguay.

States invited to accede to the cot:enant. Argentine Hepublic. Persia. ChilL Salvador. Colombia. Spain. Denmark. Sweden. Netherlands. Switzerland. Norway. Venezuela. Paraguay.

II. First Secretar-y General ot the League ot Nations. The honourable Sir James Eric Dt·ummond, G. C. M. G., C. B.

PART II.

BOUNDARIES OF GERMANY.

ARTICLE 27.

The boundaries of Germany will be determined as follows : 1. With Belgium:

From the point common to the three frontiers of Belgium, Holland and Germany and in a southerly direction:

the north-eastern boundary of the former territory of ne~ttml Moresnet then the ·eastern boundary of the Kreis of Eupen, then the 'frontier between Belgium and the Kreis of Montjoie, then the north-eastern and eastern boundary of the K1·eis of Malmedy to its junction with the frontier of Luxemburg. 2. With Lua:embut·g:

The frontier of the 3rd August, 1914, to its junction with the frontier of France of the 18th July, 1870. 3. With France:

The frontier of the 18th July, 1870, f_rom Luxemburg to Switzerland with the reservations mude in Article 48 of Section IV (Saar .Basin) of Part III.

1919. CONGR·ESSIOXAL R.E00RD-SENATE. 8l)7

4. Tlith Su;itz·erland: The pre ·ent frontier.

5. TfUh Austria: The frontier of the 3nl August, 1914, from Switzerland to

Tchecko-Slovakia is hereinafter defined. 6. Trlth ':l"checko-Slo&akia:

The frontier of the 3rd August, 1914, between Germany and Austria from its junction with the old administrative boundary separating Bohemia and the province of Upper Austria to th-e point north of the salient. of the old provinee of Austrian Silesia situated at about 8 kilometres east of Neustadt. 7. With Polancl:

From the point defined above in a northerly direction to the point of the salient of the eastern IJoundary of the K1·eis of Falkenberg, whieh is about-3 kilometres east of Puschine:

a line to be fixed on the ground passing east' o:f ZtiLz: thence the eastern boundary of the Kreis of F1l:lkenberg~ then

the bermdary between Upper and l\Iiddle Silesia, then the western boundary of Posnania to the Bartsch, then the course of this river down. 'tream, then the boundary between the K1·eise of Guhi'au nn cl of Glogau in ·a northerly direction, then the boundary of Po~·nania in a north-easterly direction to its junction '"ith the boull(lnry between the Kreise of Lissa and Fraustudt;

thence in a north-1'\e terly direetion to a point to be chosen on the road between the Yilla.ges of Unruhstadt and KOpnitz:

a line to be fixed on the ground passing west· of Geyrsdorf, Brenno, Fehlen, Altkloster, Kiebel, and east of Ulbersdor, Buchwaldf, Ilgen, 'Yeine, Lupitze, Schwenten;

toonee in a northerly direction to the northernmost point of Lake Chlop:

n: line to be fixed on the ground following the median line o:L the Jakes; the town and the station of Bentschen however (including the junction of the line Schwiebus-Bentschen and Ztillichau-Bentschen) remaining in Polish territory;

th'-'nce in an north-north-easterly direction to the paint of junction of the baundaries of the If.·reise of Se:bwerin, Birnba-um :mel l\Ieseritz:

a line to be fixed on tile ground pa sing east of Betsche; thence in a northerly direetion the boundary separating the

K-rci:?e of Schwerin and Birnbaum, then in an easterfy direction the northern boundary of tile Regierungroezirlv o1 Posen, then in a noi'th-easterly dir'ection the · boundary bet"~een the Kreise of Filelme and Czarnikau, then the course of the Netze ·up-stream, then in a northerly direction the eastern boundary of the Kt·e:i.s of Cza:rnikau to its junction with the northern bunndary of Po 'llilllia ;

thence in a north-easterly direction to a point on the fi.·ontier of Posnania situated at the extremity of the salient at abaut [) kilometres west-north-west of· Schneidemiihl :

a line to be fixed. on the ground; thence the frontier of Posnania to its junction with the boun

dar:r between the Kreise of· Flatow and of Deutschkrone; thence in a north-easterly direction to point 205 (about 5

kilometres west~orth-west of Konitz) : a line to be fixed on the ground approximately parallel to. the.

raihray Sehneidemi:ihl-Konitz and about 8 kilometres west of it and passing to the we t of Annafeld, Gresonse, Friedland, Steinborn, Jenznik, Niesewanz and east of Sakollno, Wengerz., Gursen, Raclawnitz, Lanken, Damnitz, Schlochau (leaving in German territory tlie Hammerstein-Schlochau-Prechlan railway), Lichtenhagen, Richnuu ;

thence in a northerly direction the baundary between the K1-eise of Konitz and Schlocllau, then the boundary of West Prussia to the northern extremity of the salient about 8 kilometres south-east of Lauenbnrg;

thence in a northerly direction to the Baltic Sea: a line to be fixed on the ground, passing east of the villages

of Hohenfelde, Sa.ulin, Chottschow, following the median line. of the lakes situated east of those places, and through point 32 about 5 kilometres north-north-west of Ossecken. 8. With Denma1·k:

The frontier as it will be fixed in accordance with Artic:les 109 and 110 of Part ill, Section XII (Schleswig).

• AlrrrCL'E 28.

The boundaries of East Prussia, with the reservations made. in Articles 94 and 96 of Section IX (East Prussia) of' Par:t III will be determined as follows:

from a point on the coast of the Baltic Sea. about H kilo: metres north o'f' Probbernau Church in a direction of abant 159° Enst from true North : •

a Uno to be fiXed on tlie gl'ound for about 2 kilometres; .

thence in a straight line to · the light at the bend of the Elbinger Channel in a-ppr~imately latitude 54° 19!' North, longitude 19'?' 26' East of Greenwich;

-thence to the easternmost mouth of the Kogat River at a IJenring of appro::rimately 209° East from true North;

thence up the CO'Iil.l:.~e of the Nogat River to the point ·where the latter leaves the Vistula (Weichsel) ;

thence up the principal channel of navigation of the Vistula, then the southern boundar~ of' the K1·eis. of l\lariemverder, then that of the Kreis of Rosenbe1·g eastwards to the point where it meets the old boundary of East' Prussia ;

thence the .old boundary between East and West' Prussia, then the boundary between th-e K1·eise of Osterode and N eidenbm·g, then the course of the river Skottau down-stream, then the course of the Neide up-stream to a point situated ab0ut G kilometres west of Bialuttcn being the nearest point to the olu frontier of Russia ;

thence in an easterly direction to a point immediately south of the intersection of the road Neidenbnrg-l\UaYa with the ohl frontier of Russia: ·

a line to be fixed on the ground passing north of Bialutten ; thence the old frontier of Russia to a point.east of Sclunallen

ingken, then the principal channel of navigation of the Niemen (Mernel) downstream, then the Skierwieth arm of the delta to the Kl.ITisches Ha:ff;

thence a straight line to the point where the eastern sh<Yre of the Kurische Nehrung meets the aclministratiYe boundary about 4 kilometres south-west of Nidden ;

thence this administrnth-e boundary to the western sbore of the KruisCbe Nehrnng. ·

AnTICLE 29.

The boundarie as described aboYe are drawn in red on u onein-z-mill.ion map which is annexed to the present Treaty ()lap No.1.)

In. the case of any di crepaneies bemeen the text of the Treaty and this map or any. other map which may be annexed, the text will be final.

ARTICLE 30. In the case of boundaries which are defined by a waterway, the

terms " course" and "' channel " used in the present Treaty signify: in the case of non-navigable liYers, the median line of the waterway or of its principal arm, and, in the case of naYigalJle rivers, the median line of the principal channel of IHtYigution. It will re t with the Bormdary Commissions pro--vided by the present Treaty to l:;pecify in each case whether the frontier line shall follow any changes of the course or channel whieh may take pla.ee or wh-ether it sllall be definitely fixed by the po. ition of the course or channel at the time when the pre ·ent Treaty comes into force.

PART III. POLI-TICAL CLAUSES FOR EUROPE.

Sectio1i I. Belg-iwn. ARTICLE 31.

Germany, recognizing that the Treaties of AprillO, 1839, which established the status of Belgiun1 before. the war, no long.er conform to the requirements of the ::;ituation, consents to the abroga- _ tion of. the said treaties and undertakes immediately · to recog- ~ nize 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 I Netherlands, to replace the said Treaties of 1839. If her formal I adhesion should be required to such conventions or to any of I their stipulations, Germany undertakes immediately to give it.

ARTICLE 32.

Germany recognizes the full so--vereignty of Belgium over the· whole of the contested territory of l\foresnet (called M 01'esnet ; neutre). ·

AnTICLE 33.

Germany renounces in favom· of Belgium all rights and title over the territory of Prussian l\Ioresnet situated on the west of the road frmn Liege-to Aix-la-Ohapelle; the road will belong to Belgium where it bounds tlris territory.

ARTicLE 34.

Germany renounces in fn,Your of Belgium all rights and title over the territory comprising the whole of the K~-eise of Eupen and of 1\..Ia.I.medy. . _

During th~ six months after the coming into force of Uris Treaty~ reglstc;rs "-m· be opened by the Belgium ..:\uthorities.

r 808 CONGRESSIONAL -REGORD~SENATE. JUNE 9,

at Eupen and Malmedy in which the inh~biqmts of the above territory will be entitled to record in writi.r;Ig a desire to see the whole or part of it remain under German sovereignty.

The results of this public eipression of opinion will be communicated by the Belgian Government to the League of Nation~, ancl Belgium undertakes to accept the decision of the League. ·

ARTICLE 35. A Commission of seven. persons, five of whom will be ap

pointed by the Principal .Allied and Associated Powers, one by Germany and one by Belgiu·m, 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 comm~cation.

Decisions will be taken by a majority and will be binding on the parties concerned.

ARTICLE 36. 'Vhen the transfer of tl1e sovereignty over the territories

referred ·to above has become ·definitive, German nationals habitually resident in the territories will definitively acquire Belgian nationalitY. ipso, facto, and will lose their German nationality.

Nevertheless German nationals who become resident in the territories after the 1st August, 1914, shall not obtain Belgian nationality without a permit from the Belgian Government.

ARTICLE 37. 'Vithin 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 '\"\"ill 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. _

- 4:&TICLE 39. The proportion and nature of the financial liabilities of Ger

many and of Prus ia which Belgium will have to bear on account of the territories ceded to her shall be fixed in conformity with Article, 254 and 256 of Part IX (Financial Clauses) of the present Treaty.

Section II. Luxembu-rg. ABTICLE 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, arid November 11, 1902, and in all conventions consequent upon such treaties.

Germany recognizes 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 Luxem

burg, 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 IIL 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 abqve the maintenance and the assembly

of armed forces, either permanently or temporarily, and military manreuvres of any kind, as well as the upkeep of all permanent works for mobilization are in the same way forbidden.

ARTIC~ 44. In case Germany violates in any manner whatever . the pro

visions of Articles 42 and 43, she shall be regarded as committing a hostile act against the Powers signatory of the present Treaty an'd as calculated to disturb the peace of the world.

Section IV. Saar Bas,in. 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 l! .. rance 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. IIi order to assure the rights and welfare of the population and

to guarantee to France complete freedom in working the mines, Germany agrees to tbe 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 population, 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 so~tth-west: by the frontier of France as fixed

by the present Treaty. On the north-west and n01·th: by a line following the northern

a~strative boundary of the Kreis of Merzig from the point where it leaves the French frontier to the point where it meets the 1<llniP.istrative boundary separating the commune of Saarholzbach from the commune of Britten; following this communal boundary ~outhwards and reaching the administrative boundary of the canton of 1\ierzig 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 ad~inistrative limits of the cantons of Merzig and Haustadt, which are incorporated in the aforesaid Saar Basin, then successively the administrative boundaries separating the Kre·ise of Sarrelouis, Ottweiler, and Saint-Wendel from the K·reise 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 ana east: from the last point defined above to a point about 3-! kilometres east-north-east of Saint-Wendel:

a line to be fixed on the ground passirig 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 administra-tive 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 1,000 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 1,000 metres south-east of Dunzweiler), point- 363 (Fuchs Berg), point 322 (south-west of Waldmohr), then east of .Tagersburg and Erbach, then encircling Homburg, passes through the points 361 (about 2i kilometres north-east by east of that town), 342 (about 2 kilometres south-east of that town), 347 (Schreiners Berg), 356, 350 (about 1! 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 'Mimbaeh 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

1919. CONGRESSIONAL' RECORD- SENATE. 809 Bockweiler and Altheim situated about 2 kilometres north of Altheim, then passing south of Ringweilderhof 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).

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 liile described above.

In those parts of the preceding line which do not coincide with administration 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 win 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 hereinbefore 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 wb.ich 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 e:cploitation of mining pmperty. 1.

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 ba\e 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 recognized.

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 h·ansforming coal into electric power, coke and by-products, their workshops, meruis 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 pm·pose of exploiting the mines ancl their :tccessories 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 employes are entitled.

5. The value of the pr{)perty thus ceded to the French State will

be determined by the Reparation Commission referred to in Article 233 of Part VIII (Reparations) 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.

G. No tariff shall be established on the German railways nnll

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 conyentions 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 administra lion 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 distiibution 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 whiclJ. it may become the owner, particularly those connecting the mines and their accessories and subsidiaries with the means of communication situated in Fi·ench ~ITil~~ .

n. The French State shall alw·ays be entitled to demand the

application of the German mining laws and regulations in force on the 11th November, 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 workillg 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. EYery 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 nt nny time be made the subject of any measures of requisition.

810 CO ... -rGRESSIONAL P~OORD-SENATE. JUNE 91

1~'

· Th exploitation of tb mine and their ncce orie nn<l subsid:h.ui , which become the pr-operty of the French State, will continue, subject to the pron ions a.f pa-ra-graJ.)h 23 below, to be subject to the regime e tablished by the German laws· and' regulations in force on the 11th November, 1918, excepting provisions adf>pted exclusively in Yiew of the tate of war.

The rights of the "\TOrkmen shall be simila,rly maintained, subject to too provisions of the said pa,rn;graph. 23, as established on the 11th No\ember, 191 , by the Germun laws and regulation abo\ referred to.

No impediment s.hal1 be pla.ce<l in the way of the introductioll: or employment in th mi:nes ' and their accessories and sub-· sidiaries of workmen from without the Basin.

The employees anu workmen of French nationality shall have the r1ght to belong to French labour unions.

13. Th amount contrib-uted by the miries and their aeces oties

and subsidiarie , either to the local budget of the territory of the aar Ba:. in or to the communal funds, shall be fixed with due regard to the ratio ef the value of tbe mine to tlte total taxable wealth of the Basin. •

14.

.21.. It will be the duty or the Gover'ning Commission to ensur , by

such mean~ a~d under such conditiuns a it may deem suitable, the pt~otection abroad of: the interests of the inhabitants of the territory of the Sa.ar Basin.

22. The Governing Collllll.iJ3sion shall have the full right of user of

all· propenty, other than mines, belonging, both in public and in private domain, to the Imperial German Government, or the Government of any German State, in the territory of the Saar Basin.

rCt:,"'ards the railways an equitable apportionment of rolling stock shaU be made by a mixed CJommission on which the Govemment of the territory of the Saar Basin and the ~rman railways are represented.

PeTsons, good..,, ve sels, carriages, wagons anu mails comin~ from or going to the Saar 'Basin shaH enjoy all the rights aml prh·ileges relating to transit and transport which are specified in the provisions of rart XII (Port., Waterways, Railway ) of tbe pre ent Treaty.

23. The laws and regulations in fo.rce on November 11t:h, 1918, in

the territory of the Saar Basin ( exeent tho e enacted in conse-Tlle French tate ·hall alway have the right of establishing quence of the sta..te of war) shall continue to apply.

and maintllining, a incidental to tlie mines, primary or tedl- If, for· general rea·sons or to bring these laws. and regulationsmeal chools for its empleyee and their children, and of cans.- into accord with the provisions of the _present Treaty, it is necesing· instru-ction therein to be gtven in the Frencli lnnguag<; in ar ' to iJitroduce modifications, the.~o shall be decided on, an~ accordance mth su-ch curriculum and by nell teachers a it put into effect by the GoTerning COmmis ion, after consultation may seleet. with the elected'. r1:1pTe entativeo of the inhabitants in such a

It hall also have tbe right to e ·tabli h and maintain llos- manner as the Commission· ma.y <letermine. pital , dipen8frries, workmen's llouses and gardens and oilier o modification. may be made in th~ legal· regime fou the c~ charitable and social in titutions. ploitatwn of the mine , provided for in paragraph 12; withoat

15. the Flrenclt State being previously consultelL unle · such• modi1i-The French State shall enjoy complete liberty with respect eation results from a general regulation re peeting labour

to tlle distribntionr de patch and' snle prices of the products- of adopted· l>y the League of Nations. the mines and their :l.C(! ories and subsidiari~. In fixing the conditions and !lours of labour for men, women

Neverthele , whate\er may be the total product of the mine 1

and children, the Governin.g Commission is to take into considthe French Government undertakes that the requirements of eration the wishes xpre . ed· by the loeal labour organi ation ·, local consumption for industrial and domestic purposes: shall as well as- the principles- adopted. by the League of ~ations. always be satisfi d 1n the proportion e.nsting in 1913 between 24. the _amount o ·umed locally and the total output of the aar ubject to the pro\i ·ions of 4 no rights of.. the inhabitants Basm. I of the Saar Basin ncquiJ; <l or in proce s of acquisition at the

O.l!optor Jl. Gore-rnmcul ot th taritory of the Saar BGtsin. date of the cominn- into force of this Treaty, in respect of any 16. insurance sy tcm of Germany or in respect of any pension of

The Government of the territory of the aar Basin will l>e any kind, are affected by any of the provision of the pre ent entru ted to a Commi ion representing the League of Nations. TrG~aty. 1 th·· G t f th t ·t f tl s ,.. .erruany mll .u\? oYernmen o e err1 ory o · 1e aa1•

1J · Basin will presru.·y and continue all of the afore ald right . The Governing Commission pronded ;for by paragraph 16 25

shall consist of five members cho en by the Council ef the · League of Nations and w.ill include one cit~en of France one The civil and criminal courts existing in the territory of the native inhab-itant ~f the Saar Basin; not a. citizen o.t Fr,hnce, J Saar ~~sin sha~· ~ontinue. . . and three members belonging to three countries other than • A. cLvil and crumnal court will be establlshed by the Govern France or Germany. · ing Commisf}lon to hear appeals from the decisions of the sa.id

The members of the Go\erning Commi sian shall be appointe<l courts and to decide matters for which these comi:s are not for one year and may be re-appointed. They can be removed competent. . . . . . by, the Council of the League of Nations which will provide for The Govermng ComilllSS10n Will be respon 1ble for ettling their replacement. · ' the organisation and jurisdiction of the said court.

The members of the Governinn- Col.lJllli ·~ion will be entitled' Justice will be rendered in the name of the Governing Com-to a salary which m"TT be fixed b; the Council of the League of mission. Nations, and charged on the Iucrrl revenues. 26.

18. The Governing Commission will alone have the power of The Chairman of the Governing 'olllDlis. ion shall be ap- levying taxes and dues in ~e territorY: of the S~ar Ba'Sin.

pointed for one year from amo.ng the m .mb€rs of the Commis- These t~ and dues w1ll be exclUSively applied to the needs sion by the Council (}f the Leagu of ~:l'ti"cms and may be I of the terntory. re-appointed. The fiscal system exis.ting on November 11th, 1918, will be

The Chairman will act as the executh·e of the Commi sian maintained as far as possible and no new tax except customs 19

· duties may be imposed without previously consulting the elected . . . · . representatives of the inhabitants.

W1thm the terntory of the Saar BaSJ.n the Go>erning Com- 27 mi sian shall have all the powers of go1ernment hitherto be- l · longing to the GeriiUl.ll. Empire, Prru ·sia. or Bavaria., including . The pre~ent ~ipulations will TI?t affect the existing national-the appointment and dismissal of officials, and the creation of 1ty of the tnhalutants of the terntory of the Saa.r Basin. such administrati\e and represcntatiYc bodies as it may deem No hindrance shall be-placed ln the. way of those who wisp to nece sary. · 1 acquire a different uatiouality, but in such case the acquisition

It ~ha.Jl ha1e full powers to admini~er nn<l opet·ate the rail: of the new nationality will_in.volYe the loss of any other. ways, canals, and the different public servic.es. 28.

Its decisions_ -shall be- taken by a majority. 20.

Germany will place at the dispo al af the Go\erning Commission all official documents and archives under the control of GeTmany, of any German State, or of ll.DY local authority, which relate to the territory of the Saar Basin or to the rights· of the inhabitants tllereof.

Under the control o.f the Go\erning Coiiliilission the inhabitants will · retain their loe:ai a emblies, their religious liberties, their schools and their languag; .

The right of \Oting '"nr not be exerci cd for :my as emblies other than the locnl fl .·. ('Jlll>li('s, nnll win helon~ to \ery in habitant o\er the agt' of t \YC'Ilty y ea r s, ,-i!hou t di.:tiuction of. sex.

1919. CONGRESSIONAL RECORD-SEN ATE. 811 29.

Any of the inhabitants of the Saar Basin who may desire to leave the territory will haYe full liberty to retain in it their immovable property or to sell it at fair prices, and to remove their mo\able property free of any charges.

30. 'l"here will be no military sel'Yice, 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 Go-verning 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 r~gime. 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 eA.'l>Ort tax shall be imposed upon metallurgical products or coal exported from the said territory to Germany, nor upon 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 reser-ves 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 quantites .which may be sent into France of all articles coming from the Basin, which include raw materials and semi-manufactured goods imported duty free from Germany. Such average shall be determined after reference to all available official information and statistics.

32. • No prohibition or restrictfon shall be imposed upon the circu

lation 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 Germ.any agree that any dispute involving a difference of opinion as to the interpretation of the said provisions 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 terl'itory 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 r~gime 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 liberty, 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 r(;gime 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 dee}Il necessary. It will be the duty of the League of Nations to take appropriate steps to adapt the regime definitely -o.dopted to the permanent welfare of the territory and the general interests.

(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 O\er 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, if 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.

3G. If, the League of Nations decide: 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 CDuncil of the League of 1~ations ; the decision of the experts will be given by a majority.

If, within the six months follo>\i.ng the decision of the experts, the price above referred to ha not been paid hy Germany, the said territory will be finally acquired by Frnnce.

37. If, in consequence of the repurchase provit1ed for in para

graph 36, the ownership of the mines or any part of them is transferred to Germany, the French State and French national::s 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 regardin:; amounts of coal, duration of conh·act, and prices will be fixed in due time by the Council of the League of Natiorn;.

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 snell pro

visions 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 or the Governing Commission will termipate, except in the case provided for in paragraph 35 (a).

40. In all matters dealt with in the present Annex, the decision..'i

of the Council of the League of Nations will be taken by a majority.

Section V. A.lsace-Lorraine. The High Contracting Powers, recognising the moral obliga

tion 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 representati\es at the Assembly of Bordeaux,

Agree upon the following articles : ARTICLE 51.

The territories which were ceded to Germany in accordance with the Preliminaries of Peace signed at Versailles on the 26th February, 1871 and the Treaty of Frankfort of the lOth May, 1871, are restored to French so-vereignty as from the date of the Armistice of the 11th November, 1918.

T.he provisions of the Treaties establishing the delimitation of the frontiers be_fore 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 tbe territories restored to French sovereignty. If any of these documents, archives, registers, titles or plans have been misplaced, they will be restored by the German Goyernment on the demand of the .l!.,rencb Government.

812 CONGRESSiONAL ::REdORD--sENATE: JUNE 9,

AnTICLE G3. Separate agreements shall be made .between France and Ger

many dealing with the interests of the inhabitants of tlie terri~ tori referred to in Article 51, particularly as regards . their; dvil rights, their business and the exercise of their professions, it b·eing 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 nati\es of the said territories, not to claim at any time or in any place whatsover 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 Artirle 297 and the Annex to Section IV of Part X (Economic Clauses) of the present Treaty.

Those German nationals who 'vithout acquiring French nationality shall Tecei ve permission from the French Government to re ide in the said territories shall not be subjected to the provisions of the said· Article.

AnTICLE 54. Tllo e pe1·sons who have regained French nationality in virtue

of paragraph 1 of the Annex hereto, will be held to be AlsaceLorrainers 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 the 11th November, 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 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 51 shall return to France,

ftec and quit of .all public debts, under the conditions laid .down in Article 255 of Part IX (l1'inancial Clauses) of the pTesent Treaty.

ARTICLE GG. 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 51, which belong to the German Empire or German States, without any payment or credit on t·his ae~ count 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 are.:'lS.

Cro,vn 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 stamp

ing 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 German monetary instruments or monies which, at the date of the sign'atuTe of the present Treaty, are legally current, ..and at that date are in the possession of the French Government.

. ARTICLE 58. A special Convention wlll determine the conditions·f01' repay

ment in marks of the exceptional war ex:pen(Uture .advanced during the course of the war by :Alsace-Lorra.ine or QY _public bodies in Al ace-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 expell~d.

In fixing the amount of the e urns Germany shall be .credited with that portion which Alsa.ce-Lor:raine 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 re\enue derived ;tram Alsace-Lorraine in . .1913.

AIIT.ICLE 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 51 and not collected at the time of the Armistice of the 11th November,J.918.

--ARTI'CLE 60. The German Government shall without delay restore to

Al ·ace-Lonainers (individuals, juridical persons and . public iilstitutions) all property, rights and interests' belonging to them on the 11th November, 1918, in so far as these are situated in German territory.

.AnTICLE 61. The German Government ·undertakes to continue and com

plete without delay the-execution of the financial clauses regarding .Alsace-Lorraine cont~ed in the Armistice Conventions.

ARTICLE 62. The German Go,ernment undertakes to bear the expense of

all civil and military pensions which had been earned in Alsace-Lorraine on the date of the 11th November, 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 a\erage rate of exchange -for that year, of the sums in marks to which persons resident in Alsace-Lorraine would have been entitled if AlsaceLorraine had remained under German jurisdiction.

ARTICLE 63. For the purposes of the obligation assumed by Germany in

Part VIII (Reparations) of the present TTeaty to give come pensation for ·dainages caused 'to· the civil populations of thta .Allied and Associated countries in the form of fines, the inhab· itants of the territories referred to in Article 'G1 shall be assimilated to the above-menti~ed population .

ARTICLE 64. The regulations concerning the control of the Rhine u.nd of

the 1\Ioselle are laid down in Part Xll (Port·, Waterways and :Railways) of the J)resent Treaty.

ARTICLE 63. 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 se\en years, a single unit, from the point of view of exploitation.

The administration of this single unit will be carried on by a_ma.nager named by the Central Rhine Commission, which shall also ll.ave . power to remove him. He shall be of French nationality. Ile. ·will reside in · Strasburg ...and will be subject to the supervision of the Central .Rhine Commi sion.

:There will ·be established . in the two ports n·ee Zones in conformity with ..Eart XII (Ports, Waterways and Tiailways) :.Of the pre ent Treaty.

A special Convention between France and Germany, ·which shall be submitted to the approval of the Central 'Rhine Commission, will fix the detaiJq of this organi ation, particularly as regards finance. ·

It is understood ·that forthe purpose of the pre ent Article the port of Kehl includes the "Whole 'Of the area necessary for

-the movements 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 GeTmn Go-vernment undertakes to carry out all mea ures 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, sha11 be carried on in the best conditions po ible.

All property 1·ights shall ·be .safeguarded. Jn particular tile 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 e\ery country.

In ease at the end of the sixth year France . shall consider that the progress made in the improvement of the port of Strasbmg StilLrequires a .Jll'Olongati<m. of this temporary reo'ime, she -may ask "foT such prolongation "from the Central .Rhine Commission, which may grant an extension "for a pe·riod not exceeding three-years.

.:Throughout the-whole IJeriod of .any such :rtension the free zones above provided for shall be ·maintained.

Pending appointment of the iir t manager by the Central :nhine Commission a provi ional ma.n.ager who Shall be of •French nationality may be appointed b'y the Principal .Allieil and Associated · Powers subject to the foregoing pro vi ions.

]'or .all purposes of the present Article the entral Rhine Commission will decide. by a majority of Yote .

AnTICLE 6G.

Tile rail way and otller bridges across the Rhine now existblg within the limits of Alsace-Lorraine shall, as to all their parts and their whol~ length, be the property .of the French State, which c.ShaU ensure their upkeep.

.AlrriCLE 67. 'The French Governinent is substituted in all the right of.

the German Empire over ·an the railways whlch were administered by the Imperial railwa-y administration and which .are actually working or under construction.

1919. CONGRESS! ON AL RECORD-SEN ATE. 813 The same s1mll apply to ~e rights of the EmpU:e with regard f

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 raihYay stations shall lJe established by a subsequent agreement, it lJeing stipulated in advance that on the Rhine frontier they shall be situated on the right bank.

A.nTICLE GS. In accor·dance 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 shall fix each yea:r, 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 ~ent annually into Germany shall not ·exceed the average of the nmounts sent annually in the years 1911-1913.

Further, during the period of fise ye::u-s above mentioned, the German Government shall allow the free export fi·om Germany and the free re-importation into Germany, exempt from all customs duties and other charges (inc1ucling internal charges), of sarns, 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 fi1, to be subjected there "to any finishing process, such as bleaching, dyeing, printing, mercerisation, gassing, twisting or dressing ..

AnTICLE 69. During a period of ten years from the coming into force of

the present Treaty, central electlic supply works situated in GeJ man territory and formerly furnishing electric power to th& territories referred to in Article 51 or to any establishment the working ·of which passes permanently or tempoTai'ilY from Germany.to France, shall be required to continue such supplJ· up to the amount of consumption corresponding to the under- ' tn.kinr!S and contracts current on the 11th November, 1918.

Such supply shall be furnisbed according to the contracts in force and at a rate which shall not be higher than that pnid to the said works by German nationals.

ARTicp; 70. It is uhderstood that the French GoYernment preserves its

right to p1·ohibit in the future in the territories referred to in Article 51 all ne'v 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 ownersllip of mines and quarries of every ldnd 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 regard~ the territories referred to in Article 51, Germany

renounces on behalf of herself and her nationals as from the 11th November, 1918, all rights under the law of the 25th l\.Iay, 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. Similll.rly, she renounces on behalf of herself and her nationals all rights under any ag1·eements, 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 <l.ebts contracted

before the lith November, 1918, between the German Empire and the German Stutes or their nationals residing in Germany on the one part and Alsace-Lorrainers residing in AlsaceLorraine on the other part sball be effected in accordance with the provisions of Section III of Part X (Economic Clauses) of the present Treaty, the e:A'l>ression "before the war," therein lJe:i ng replaced by the expression " before the 11th November, 191 ." The rate of exchange applicable in the case of such settlement shall be the average rate quote<l on the Geneva Exchange during the month preceding the 11th Novembm·, 1918.

.. There shall be established in the ter1itories referred to in A.rticle 51, for tl1e settlement of tbe aforesaid debts under the conditions laid do"ll in Section III of Part X (Economic Clauses) of the present Treaty, a special clearing office, it ~eing understood that this office shall be . regaroed as a " central office " under the provjsions of paragraph 1 of the Annex to the said Section.

ARTICLE 73. The private property, rights and interests of Alsace-Lor

rainers 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 Nevember 11, 1918, subject to the conditions laid down in the last paragraph of Article 53 above.

Germany will directly compensate its 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 TV 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 30th November, 1918, between Alsace-Lorrainers (whether individuals or juridical persons) or others resident in Alsace-Lorraine on the one pai~t and the German Empire or German States and their nationals resident in ee·rmany 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 arry act done or money paid thereunder before the 11th November, 1918.

With regll.rd to prescriptions, limitations, and forfeitures in Alsace-Lorraine., the provisions of Articles 300 and 301 of Section V, Part X (Economic Clauses) shall be applied with the substitution for the expres ion " outbreak of -war " of the expression "11th November, 1918," and for the expre sion " duration of the war " of the expression " period from the 11th November, 1918, "to date of tllc coming into force of the present Trcuty."

ARTICLE 76.

Questions concerning rights in industrial, literary or artistic property of Alsace-Lorrainers shall · be regulated in accordance with the general stipulations of S~ction VII of Part X ( Economic Clauses) of the present Treaty, it being understood that Alsace-Lorrainers holding rights of this nature under German legislation will -preserve full and entire enjoyment of those rights on German territo1·y.

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 purpo es of disability and old age insurance as would fall to the disability and old nge insurance fund at Strasburg.

The same shall apply in respect of the capital nnd 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 organisation established for the benefit of the personnel of public administrations and institutions operating in Alsace-Lorraine, and also in respect of the capital and reserYes due by the insurance fund of private employees at Berlin, by reason of engagements entered into for the benefit of insured persons of thnt category resident in Alsnce-Lorra.ine.

A special Convention shall determine the condition anu procedure of these transfers.

.ARTICLE 78.

With regard to the execution of judgments, orders and prosecutions, the following rules shall be applied :

1. All civil and commercial judgments which shall have been given since the 3rd August, 1914, by the C{)urts of Alsace-Lorraine between Alsace-Lorrainers, or between Alsace-Lorrainers and foreigners, or between foreigners, and which shall not have been appealed. from before the 11th November, 1918, shall be regarded as final and capable of being fully executed.

Wben the judgment has been given between Alsnce-Lorrniners 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 excquatuT by the correspomling new tribunal in the restored territory referred to in Article 51.


2. All judgrnents given by German Courts since the 3rd August, 1914, against Alsace-Lorrainers for political ·crimes or misdeme::mors shall be regarded as null and void.

3. All sentences passed since the 11th November, 1918, by the Imperial Court of Leipzig on appeals against the decisions of the Courts of Al ace-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 Imperial Court against decisions of the Courts of Alsnce-Lorraine shall be suspended. In the cases referred to above the papers shall be returned under the aforesaid conditions for tran fer without delay to the French Cotw de Cassation which shall be competent to decide them.

4. All prosecutions in Alsace-Lorraine for offences committed during the period between the 11th November, 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.

date previous to the 3rd Augu t, 1914, and of submitting proof of unbroken residence within the restored territory for a period of three years from the 11th Nqvember, 1918.

France will be solely responsible for their illplomatic and consular protection from the date of their application for French naturalisation.

4. The French Government shall determine tlte 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, a~ provided by the present Annex.

Section VI. A:ustria. ARTICLE 80.

Germany acknowledges and will respect strictly tlte 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 inalienab~e, except with the consent of the Council of the League of Nations.

Section VII. Tclleclvo-SlovaJ" State. ARTICLE 81.

Germany, in conformity with the action already taken by the Allied and Associated Powers, recognizes the complete independence of_the Tchecko-Slovak State which will include the autonomous territory of the Ruthenians to the south of the Carpathians. Germany hereby recognizes the frontiers of this State as determined by the Principal Allied and Associated Powers and the other interested States. ·

ANNEX. ARTICLE 82. 1. The old frontier as it existed on August 3, 1914, between

As from the 11th November, 1918, the following persons are Austria-Hungary and the German Empire · will constitute the ipso facto reinstated in French nationality: frontier between Germany and the Tchecko-Slovak State.

1. Person who lost French nationality by the application of ARTICLE 8.'3. the Franco-German Treaty of the 10th May, 1871, and who have Germany renounces in favour of the Tchecko-Slovak State all not since that date acquired any nationality other than German; rights and title over the portion of the territory of Silesia

2. The legitimate or natural desce.ndants of the persons re- lying between the old Austro-German frontier and a line to be ferred to in the immediately preceding paragraph, with the ex· fixed on the ground, starting from a point in the course of the ceptions of those whose ascendants in the paternal line include a Oder, immediately south of the llatibor-Oderberg railway, and German who migrated into Alsace-Lorraine after the 15th July, running in a northwesterly direction, passing west of Krano-1870 ; · witz and east of Katscher so as to rejoin the old Austrian

3. All persons born in Alsace-Lorraine of unknown parents, or frontier at the south-eastern point of its salient about G kilo-,-;hose nationality is unknown. metres west of Leobschiitz.

2. A Commission composed of se\en members, fi\e nominated by Within the period of one year from the coming into force of the Principal Allied and Associated Powers, one by Poland and

the pre ent Treaty, persons included in any of the following one by tlte Tchecko-Slovak State, will be appointed fifteen days categories may claim French nationality: after the coming into force of the present Treaty to trace on

1. All persons not restored to French nationality under para- the spot the frontier line between Poland and the Tcheckograph 1 above, whose ascendants include a Frenchman or French- Slovak State. woman who lost French nationality under the conditions re- The decisions of this Commission will be taken by a majority ferreu to in the said paragraph; and shall be binding on the parties concerned.

2. All foreigners, not nationals of a German State, who ac- ARTICLE 84. qnired the status of a citizen of Alsace-Lorraine before the 3rd German nationals habitually resident in any of the territories August, 1914; . recognized as forming part of the Tchecko-Slovak State will

3. All Germans domiciled in Alsace-Lorraine, if they have been obtain Tchecko-Slovak nationality ispo facto and lose their so domiciled since a date previous to the 15th July, 1870, or if German nationality. one of their ascendants was at that date domiciled in Alsace- ARTICLE 8G. Lorraine; Within a period of two years from the coming into force of

4. All Germans born or domiciled in Alsace-Lorruin.e, who the present Treaty, German nationals over eighteen years of age have serYed in the Allied or Associated armies during the pres- habitually resident in any of the territories recognized as formcut war, and their descendants; ing part of the Tchecko-Slovak State will be entitled to opt

5. All persons born in Alsace-Lorraine before the lOth May, for German nationality. Tchecko-Slovaks who are German 1871, of foreign parents, and the descendants of such persons; nationals and are habitually resident in Germany will have a

6. The husband or wife of any person whose French nation- similar right to opt for Tchecko-Slovak nationality. ality may have been restored under paragraph 1, or who may Option by a husband will cover his wife and option by par-have claimed and obtained French nationality in accordance ents will cover their children under eighteen years of age. "With the preceding provisions. Persons who have exercised the above right to opt must

The legal representative of a minor may exercise, on behalf within the succeeding twelve months transfer their place of of that minor, the right to claim French nationality; and if residence to the State for which they have opted. that right has not been exercised, the minor may claim French They will be entitled to retain their landed property in the nationality within the year following his majority. territory of the other State where they had their place of

Except in the case pro-vided for in No. 6 of the present para- residence before exercising the right to opt. They may carry graph, the French authorities reserve to themselves the right, with them their moveable. property of every description. No ex-in indiYidual cases, to reject the c1aim to French nationality. port or import duties may be imposed upon them in connection

3. with the removal of such property. . Subject to the provisions of paragraph 2, Germans born or Within the same period Tchecko-Slo-vaks who are German

domiciled ·in Alsace-Lorraine shall not acquire French nation- nationals and are in a foreign country will be entitled, in the • nlity by reason of the restoration of AI ace-Lorraine to France, absence of any provisions to the contrary in the foreign law, even though .they may have the s tatus of citizens of Alsace- and if they have not acquired the foreign nationality, to obtain Lorraine. - Tchecko-Slovak nationality and lo e their German nationality

They may acquire French nationality on1y by naturalisation, by complying with the requirements laid down by the Tchecko, on condition of having been domiciled in Alsace-L?rrnine from a . Slovak State.

1919. CONGRESSIONAL REC0RD-:.SENATE. 815 ARTICLE 86.

The Tchecko--Slo-vak ~tate accepts ~d 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 Tchecko-Slovak State further accepts- and agrees to embody in a Treaty with the said Powe~ such provisions as they may deem necessary to protect freedom of transit and equitable treatm~nt of the commerce of other nations.

The proportion and nature of the financial obligations of Germany and Prussia which the Tchecko-Slovak State will have to assume on account of the Silesian territory placed under its sovereignty till 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 conse(ruence of the cession of the said territory.

Section V{Il. Poland. ARTICLE 87.

Germany, in conformity with the action already taken by the Allied and Associated Powers, recognizes the complete iniiependence 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; the f~ontier of the Tcbecko-Slovak State from a point situated 8 kilometers to the East of Neustad'.: to its meeting point with the former frontier between Germany and Austria-Hungary; tbis last frontier to the meeting point of the former frontiers of Germany, Austria-Hungary and Russia; the former frontier between Germany and Russia •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 Prus ia and the Free City of Danzig, as defined in . Article 28 of Part II (Bounda,ries of Germany) and in Article 100 of Section XI (D_anzig) of this Part.

The boundaries of Poland ,. not laid down in the present Treaty ;will be subsequently determined by the Principal AUiell and As~ociated Powers.

ARTICLE 88. A Commission consisting of seven members, fi-ve of whom shall

lJe nominated by the Principal Allied and Associatea Powers, one by Germany, and one by Poland, shall be constituted fifteen uays after the coming into force of the present Treaty to delimit on the spot the frontier-line between Poland and -GP.rmany.

The decision of the Commission will be taken by a majority of votes and shall be binding -upon the parties concerned.

ARTICLE 89. Poland undertakes to grant to persons and to means of

transport of whatever nationality, coming from or destined for East Prussia, the same rights of transit over Polish territory situated between East Prussia and Germany as she gives to her own nationals.

ARTICLE 90. 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. ·

They may carry with them their movable 'Property of every description. No export or import duties or charges may be im-· posed upon them in connection with the removal of such prop-erty. ·

Within the same period Poles who are German nationals and are in a foreign country wil be entitled, in the absence of any provisions to the contrary in the foreign law, and if they have not acquired foreign nationality, to obtain Polish nationality and to lose their German nationality by complying with the requirements la+d down by the Polish State.

, ARTICLE 92. The proportion and the nature of the financial liabilities of

Germany and PrnFsia 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 unuer Article 25G of the present Treaty the value of the property and possessions belonging to the German Empire and to the German States which pa. s to Poland with the territory transferred above, the Reparation Commission shall ex~ elude 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.

Further agreements ~ill regulate all qu~stions 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 ~-aid Powers to protect the interests of inhabitants of Poland who differ from the majority of the population in race, language, or religi<>n.

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 Pn~,Ssia. ARTICLE 94.

In the area between the southern fronti"Cr of East Pru sia, as described in Article 2-8 of Part II (Frontiers of Germany) of the present -Treaty, and the line described below, the inc habitants will be called upon to indicate by a vote the State to which they wish to belong:

The western and northern boundary of Regienmgsbezirrv Allenstein to · its junction with tlie boundary between the Kreise of Oletsko and Angerburg; thence, the no~thern boundary of the Krcise of Oletsko to its junction with the old fl"oritier of East Prussia.

AnTICLE 95. The German troops and authorities will be withdrawn from

the area d"Cfined above within a period not exceeding fifteen days after the coming into force of the present Treaty. Unt~l the evacuation is completed they will abstain from all requisitions in money or in kind and from an measures injurious to the economic interests of tlie 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

ABTICLE 91. measures as it may deem necessary to ensure its freedom, Within a period of two years after the coming into force fairness and secrecy. The Commission will have all necessary

of the present Treaty, Germa:d ~tionals over 18 years of authority to decide any questions to which the execution of age habitually reSident in any of the territories recognised as these provisions may give rise. The Commission will make forming part of Poland will be entitled to opt for German such arrangements as may be necessary for assistance in the nationality. _ exercise of i~ functions by officials chosen by itself from the

Poles who are German nationals over 18 years cf .age and local population; its decisions will be taken by a majority. · habitually resident in Germany will have a similar right to . Every person, irrespective of sex, will be entitled to vote opt for Polish nationality. who: ·

Option by a husband will cover his wife and option by par- (a) Is 20 years of age at the date of the coming into force ents will cover their children under"18 years of age. of the present Treaty, and :

Persons who have exercised the above right to opt must (b) Was born within the area where the vote will take within the succeeding twelve months transfer their place of place or· has been habitually resident there from a date to lJe residence to the State for which they ·have opted.

1

fixed by the OOniri:lission; · They will be entitled to retain their immovable property in Every person will vote in the commune where he is habit

the territory of the other State where they had their place of ually resident or, · if not habitually resident in the area, in residence before exercising the right to opt. the commune· where he was born.

816 CONGRESSIONAL RECORD-- SENATE. JUKE 9,

Tile result of the vote will be determined by commune ( Gem.einde) according to the majority O'f the votes in ·each commune.

On the conc"lusion of the voting the number of votes cast in each commune will be communicated by the Commission to the P1incipal 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.

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, n-ill extend to the territories so excluded.

As . soon as the line has been fixed by the Principal Allied and As ociated Power , 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 Commis ion. 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 ibe line. When the administration of the territory by the East Pru sian and Polish authorities respectively hn.s been provided for, the powers of the Commission will terminate. . E)..'J)enditure by the Commission, whether in the discharge of it~:; own functions or in the administration of the territory, "·ill be borne by the local revenues. East Prussia will be required to bear such p-roportion 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 ea t of the Vistula,

· the inhabitants will be called upon to .indicate by a vote, to be tnken in each commune ( Gemeinde), whether they desire the various communes situated in this territory to belong to Poland

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 determin.ati?n of the· frontier and the foregoing regula

tiOns shall be bmdmg 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. G~rmany :u~d Poland undertake, within one year of t~e con

clusiOn of this Treaty, to enter into a Convention 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 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 facilities for communication between Poland and the Free City of Danzig over any ~erman territory that may, on the right bank of the Vistula, mtervene between Poland and the Free City of Danzig.

Section X . JJlemel. 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 (Frontiers of · Germany) of the present Treaty and the former frontier be-tween Germany and Russia. .

Germany undertakes· to accept the settlement made by the Principal Allied and As. ociated Powers in regard to these territories, particularly in so far as concerns the nationality of the inhabitants.

Section XI. Free c-ity ot Danzig. ARTICLE 100.

Germany renounces in favour of the Ptincipai .Allied and Associated Powers all rights and title oYer the territory com- . prised '-vithin the following limits: ..

from the Baltic Sea southwards to the point where the prin- · cipal channels of navigation of the Nogat and the Vistula (Weichsel) meet:

the boundary of East Prussia as described in Article 28 of ' ARTICLE 97. Part II. (Boundaries of Germany) of the present Treaty;

The German troops and authorities will be withdrawn from thence the principal channel of navigation of the Vistula

or to East Prussia.

the urea defined in Article 96 within a period not exceeding downstream to !1 point about 6 1/2 kilometres north of the fifteen days after the coming into force of the present Treaty. bridge of Dir chau; Until the evacuation is completed they will abstain from all thence north-west to point 5, 1 1/2 kilometres south-east of requisitions in money or in kind and from all measures injurious the church of Gi:ittland: to the economic interests of the country. a line to be fixed on the ground;

On the expiration of the above-mentioned period, the said theJ?.Ce in a general westerly direction to the salient of the area will be placed under the authority of an International Com- K?·eis of Berent 8 1/2 kilometres north-east of Schoneck: mission of five members appointed by the Principal Allied and a line to be fixed on the ground passing between 1\Iiihlbanz Associated Powers. This Commission, supported if occasion on the south and Rambeltsch on the north ; arises by the necessary forces, will have general powers of thence the boundary of the Kreis of Berent we twards to the allministration and in particular will be charged with the re-entrant which it forms 6 kilometres north-north-west of duty of arranging for the vote and of taking such measures Schoneck; as it may deem nece~ary to ensure its freedom, fairness and thence to a point on the median line of Lonkener See: secrecy. The Commission will conform as far as possible to a line to be fixed on the ground pa sing north of Neu Fietz the provisions of the present Treaty relating to the plebiscite and Schatarpi and south of Barenhiitte and Lonken · in the Allenstein area; · its decision ,vill be taken by a rna- thence the median line of the Lonkener See to it~ northern-jority. most point; · ·

Expenditure by the Commission, whether in the discharge thence to the southern end of Pollenziner See: of its own functions or in the administration of the territory, a line to be fixed on the ground; will be borne by the local revenues. · thence the median line of Pollenziner See to its northern-

On the conclusion of the voting the number of votes cast most point; · in each commune will be communicated by the Commission thence in a north-easterly direction to a point about 1 kilo-

to the Principal Allied and Associated Powers with a full metre south of Koliebken Church, where the Danzig-Neu tadt report as to the taking of the vote and a recommendation as railway crosses a stream: to the line which ought to be adopted as the boundary of a line to be fixed on the ground passing south-ea t of KamehEast Prussia in this region. In this recommendation reg~rd len, Krissau, Fidlin, Sulmin (Richthof), l\Iattern, Schaferei, will be paid to the wishes of the inhabitants as shown by and to the north-west of Neuendorf, l\1arschau, Czapielken the vote and to the geographical and economic conditions of Hoch- and Klein-Ke_lpin, Pulvermiihl, Renneberg and the towns the locality. The Principal Allied and Associated Powers will of Olivia and Zoppot; then fix the frontier between East Prussia and Poland in this thence the course of this sh·eam to the Baltic Sea. region, leaving in any case to Poland for the whole of the· .The boundaries described above are clr::l,.wn on a German map section bordering on the Vistula full and complete control of scale 1/100,000, attached to the present Treaty (Map No. 4). the river including the east bank as far east of the river as ARTICLE 101. · may be necessary ·for its regulation and improvement. Ger- A Commis.sion composed Qf three members appointed ·by the many agrees that in any portion of the said territory which Principal Allied and As ·ociated Powers, including a High ComJ.:~mains ~er?lan, nC? fortifications_ shall at any ti!fie be erected. missioner as President, one member appointed by Germany and . The Pnnctpal Alhed..ancl Assoctate~ Powers Will at the same one member appointed by Poland, shall be constituted within fif

tnu·.! t1raw up regulations for assurrng to the population of _ teen days of the coming into force of tile present 'l'reaty for tl1P

1919. CONGRESSIONAL RECORD-SEN ATE. 817• 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.

ABTICLE 102. The city of Danzig together with the rest of the territory _de

scribed in Article 100 is established as a Free City, and placed under the protectiDn of the League of -Nations.

ARTICLE 103. A constitutiou 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 8hall be placed under the guaran-

. tee o£ the League of Nations. The High Commissioner will also be entrusted with the duty

of dealing in the first instance with all differences arising be. tween 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. ABTICLE 104.

A Convention, the terms of which shall be fixed by the Principal Allied and Associated Powers, shall be concluded between the Polish Government and the Free City of Danzig 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 BJ"ea 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, basip.s, wharves, railways and other works and means of com~nmication 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 oi· 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 wheu abro!l.d.

ARTICLE 105. On \.he coming into force of the present Treaty German na

tionals ordinarily resident in the territory of the Free City of Danzig will ipso facto become citizens of that city and will lose theil· German nationality.

ARTICLE 106. Within a period of two years from the coming into force

of the present Treaty, German nationals over 18 years of age ordinarily resident in the territory described in Article 100 will have the right to opt for German nationality.

Option by a husband will cover his wife and option by parents· will coyer 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 eyery description. No export or import duties shall be imposed 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 Ger

many 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.

LVIII--52

All other questions which may arise from the cession of the territory_ referred to in Article 100 shall be settled by fur-ther 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 blue line on the map No. 3, annexed to the present Treaty) :

starting in the Schleimi.inde south of Lootsen Island and following the course of th~ Schlei upstream,

then leaving the Schlei and turning south-west so as to pass south-east of Schleswig, Haddeby and Busdorf and north-west of Fahrdorf, and to meet the Reider Au north-west of Jagel.

following the course of the Reider Au and then the course of the river Treene to a point north-east of Friedrichstadt.

turning south to meet the river Eider passing east of Friedrichstadt,

thence the course of the Eider to the North Sea, 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 Oberpriisidentea, Regierungs-priisidenten, Landriithe, - Arntsvorsteher, Oberbii.rgermeister 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 the 1st March, 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 International 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 the 1st January, 1900, or had been expelled by the German authorities without having retained their domicile there.

Every person will vote in the commune ( Geme.indc) 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 giyen 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. 3 which is annexed to the present Treaty) :

passing south of the island of Alsen and following the median line of Flensburg Fjord,

thence leaving the fjord about 6 ldlometres north of Flensburg and following the course of the stream flowing past Kup~ fermiihle upstream to a point north of Niehuus,

thence, passing north of Pattburg and Ellund and south of Froslee to meet the eastern boundary of the Kre-is of Tondern at its junction with the boundary between the old jurisdictions of Slogs and Kjrer (Slogs He1·red and Kjwr iim-red),


thence. the latter boundary to where ·it meets the Scheidebek, ARTICLE 112. thence the course of the Seheidebek {Alte Au) • Slider Au and All the inhabitants of the territory which is returned to Den-

Wied Au downstream successively to the point where the latter mark will acquire Danish nationality ipso facto, and will lose bends northwards . about 1,500 metres .west of Ruttebiill, their German nationality.

thence, in a west-north-westerly direction to meet the North I Persons, however, who had become habitually resident in this Sea north of Sieltoft • . thence, passing north of the island of Sylt, territory after the 1st October, 1918, will not be ~ble to acquire the vote above provided for shall be taken within a period not . Danish nationality without permission from the Danish Gov

ernment. e..Yceeding three weeks after the evacuation of the country by AnTicLE 113. the German troops and authorities.

The result will be determined by the majority of votes cast Within two years from the date on which the sovereignty in the whole of this section. This result will be immediately over the whole or part of the territory or Schleswig subjected commtmicated by the Commission to the Principal Allied 'and to the plebiscite is restored to Denmark: Associated Governm~nts and proclaimed. Any person over 18 years of age, born in the territory restored - If the vote results in favour of the reineorporation of tll.is to Denmark, not habitually resident in this region. and pas

territory in the Kingdom of Denmark, the Danish Government sessing German nationality, will be entitled to opt for Denmark; in agreement with the Commission will be entitled to effect Any person over 18 years of age habitually resident in the its occupation with their military and administrative anthori- territory restored to Denmark will be entitled to opt for ties immediately aiter the proclamation. Germany. ·

4. In the section of the evacuated zone situated to the south Option by a husband will cover his wife and option by parents of the preceding section and lying to the north of a line from will cover their children less than 18 years of age. East to West (shown by a brown line on map No. 3, annexed Persons who have exercised the above right to opt must to the present Treaty): within the ensuing twelve months transfer their place of resi-

leaving the Baltic coast about 13 kilometres east-north-east dence to the State in favour of which they have opted. of Flensbm·g, They will be entitled to retain the imm<>vable property which

running they own in the territory of the other State in which they were south-west so as to pass south-east of; Sygum, Ringsberg, habitually resident before opting. They may carry with them

Munkbra.rup. Adelby. Tastrup, Jarplund, Ov~, and north- their mov11.ble property of every description. No export or imwest of: Langballigholz. Langb.allig, Bonstrup, Riillschau, • port duties may be imposed upon them in connection with the \Veseby, Kleinwolstrup, Gross-Solt, removal of such property.

thence westwards passing south of Frorup and north of ARTICLE 114. Wanderup, ·

thence in a south-westerly direction passing so~th-east of The proportion and nature of the financial or other obllga-_ Oxlund. Stieglund and Ostenau and north-west of th~ vllla!!es tions of Germany and Prussia which are to be assumed by on the \Vanderup-Kollund rand;

~ Denmark will be fixed in accordance with Article· 254 of Part thence in a . north-westerly direction passing south-west of IX (Financial Clauses) of the present Treaty.

LOwenstedt, Joldelund, Goldelund and north-east of Kolker- Further stipulations will determine any other questions aris-h 'd H lng out of the transfer to Denmark of the whole or part of the

e1 e· and ogel to the bend of the Sobolrner Au, about 1 kilo- territory of which she · was deprived by the Treaty of October metre east of So'holm where it meets the southern boundary of the Kreis of Tondern, 30, 1864. Section XIII. Heligoland.

thence, following this boundary to the North Sea, thence, passing south of the islands of Fohr and Antrum and

north of the islands of Oland and Langeness, the vote will be taken within a period not exceeding five weekS a.f:ter the plebiscite has been held in the prec.eding section.

The result will be determined by comnnmes ( Ge-rn.eimJ,en} ~ according to the majority of the votes cast in each commune ( Gmneinde). ·

5. In the section of the ev:acuated zone situated to the south of the preceding section and to th~ _north of the line which starts . from - the mouth of the Schlei (SU) and ends at the mouth of the Eider, the vote will be taken within a period not exceeding two weeks after the plebiscite shall have been held in the second section.

The .. result will likewise be determined by communes { Gerneinden), in accordance with the majority of the votes cast in each commUJ;le ( Gemeinde).

.ARTICLE 110. 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 111. Pending a del_imitation 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 ~rman Government may reinstate .up to the said frontier line the ~rman civil and military authorities whom it has evacuated.

Germany hereby renounces definitively in favour of the Principal Allied and Associated Powers all rights of sovereignty over the territories ituated to the north of the frontier line fixed in accordance with the above provisions_ The Principal Allied and Associated Powe-rs will hand over the said territories to · Denmark.

ARTICLE 115. The fortifications, military establishments, and harbours of

the Islands of HeUgoland ·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 wan, the outer and inner breakwaters and reclaimed land within them, and all naval and military works, fortifications · and buildings, constructed or under const ruction, between lines connecting the following positions t aken frOJD the Britisb Admiralty chart No. 126 of -19 April, 1918: ·

· a). lat. 54 o 10' 49.1' N.; long. 7° 53' 3~" 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 nnd harbours shall not be reconstructed; nor shall any similar works be .constructed in future.

Section XIV. Rttssi.a. and Rtt.Ssian 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 1st, 1914.

In accordance with the provisions of Article 259 of Part IX (Financial Clauses) and Article 29Z of Part X (Economic Clauses), Germany accepts definitely the abrogation of the Brest-Litovsk treaties and of all treaties, conventions and a 0 Teements entered into by .her with the Maximalist Government in Russia.

The Allied and Associated Powers formally re rve the rights · of Russia to obtain from Germany restitution and reparation based on the principles of the present Treaty.

AnTICLE 117. Germany .undertakes to recognize 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 recognize the frontiers of nny such States as determined therein.

-- -

1919. CONGRESSIONAL RECO~D-SEN ATE. 819 PART IV.

GJ:~i\IAN RIGHTS AND INTERESTS OUTSIDE ~ERMANY.

ABTICLE 118. In territory outside her European frontiers as· fixed by the

present Treaty, Germany renounces all rights, titles and privileges whatever in or oyer territory which belonged to her or to her allies, and all rights, titles and privileges whatever their origin which she held as against the Allied and Associated Powers.

Germany undertakes immediately to recognise and to conform to the IJ.leasures which may be taken now or in the future by the Principal Allied and :Associated Powers, in agreement where necessary with third Powers, in order to carry_ the above stipulation into effect.

In particular Germany declares her acceptance of the following Articles relating to certain special subjects.

Section I. German Colonies. AB·rrcLE 119.

Germany renounces in favour of the Principal Allied and Associated :rowers all her rights and titles over her oversea possessions.

AnTICLE 120.

All movable and immovable property in such territories belonging to the German Empire or to any German State shall pass to the Government exercising authority over such territories, on the terms laid down in Article 257 of Part IX (Financial Clauses) of the present Treaty. The decision of the local courts in any dispute as to the nature of such property shall be final.

ARTICLE 121. The provisions of · Section I (Commercial Relations) and Sec

tion IV (Property, Rights and Interests) of Part X (Economic Clauses) of the present Treaty shall apply in the case of these territories whate-ver be the form of Government adopted for them.

ARTICLE 122.

The Go\ernment exercising authority over such territories may make such provisions as it thinks fit with reference to the repatriation from them of German nationals and to the conditions upon which German subjects of European origin shall, or shall not, be allowed to reside, hold property, trade or exer-cise a profession in them. ·

ARTICLE 123.

The provisions of Article 260 of Part IX (Financial Clauses) of the present Treaty shall apply in the case of all agreements concluded with German nationals for the construction or exploitation of public works in the German oversea possessions, as well as any sub-concessions or contracts resulting therefrom which may have been made to or with such nationals.

ARTICLE 124.

Germany hereby undertakes to pay, in accordance with the estimate to be presented by the French Government and approYed by the Reparation Commission, reparation for damage suffered by French nationals in the Cameroons or the frontier zone by reason of the acts of the German civil and military authorities and of German private individuals during the period from the 1st January, 1900, to the 1st August, 1914.

ARTICLE 125.

Germany renounces all rights under the Conventions and Agreements with France of the 4th November, 1911, and the 28th September, 1912, relating to Equatorial Africa. She undertakes to pay to the French Government, in accordance with the estimate to be presented by that Government and approved by the Reparation Commission, all the deposits, credits, advances, etc., effected by virtue of these instruments in favout of Germany.

ARTICLE 126.

Germany Undertakes to accept and observe the agreements made or to be made by the Allied and Associated Powers or some of them with any other : Power with regard to the trade in arms and spirits, and to the matters dealt with in the General Act of Berlin of the 26th February, 1885, and the General Act of Brussels of the 2nd July, 1890.

ARTICLE 127.

The native inhabitants of the former German oversea possessions shall be entitled to the diplomatic protection of the Governments exercising authority over those territories.

Section II. China. ARTICLE 128.

Germany renounces in favour of ·China all benefits and privileges resulting'· rrom the provisions of the final Protocol signed at Peking on the 7th .September, 1901, and from all annexes, notes and documents supplementary thereto. She likewise renounces in favour of China any claim to indemnities accruing thereunder subsequent to the 14th 1\!arch; 1917.

ARTICLE 129. From the coming into force of the present Treaty the High

Contracting Parties shall apply, in so far as concerns them respectively:

1. The Atrangement of the 29th August, 1902, regarding the new Chinese customs tariff. •

2. The Arrangement of the 27th September, 1905, regarding Whang-Poo, and the provisional supplementary Arrangement of the 4th April, 1912.

China, however, will no longer be bound to grant to Germany the advantages or privileges which she allowed Germany under these arrangements.

ARTICLE 130. Subject to the provisions of Section VIII of this Part, Ger

many cedes to China all the buildings, wharves and pontoons, barracks, forts, arms and munitions of war, vessels of all kinds, wireless telegraphy installations and other public property belonging to the German Government, which are situated or may be in the German Concessions at Tientsin and Hankow or else-where in Chinese territory. · ·

It is understood, however, that premises used as diplomatic or consular residences or offices are not included in the above cession, and, furthermore, that no steps shall be taken by the Chinese Government to dispose of the German public and pri_. vate property situated within the so-called Legation Quarter at Peking without the consent of the Diplomatic Representatives of the Powers which, on the coming into force of the present Treaty, remain Parties to the Final Protocol of the 7th September, 1901.

ARTICLE 131. Germany undertakes to restore to China within twelve months

froiQ. the coming into force of the present Treaty all the astro~ nomical instruments which her troops in 1900-1901 carried away from China, and to defray all expenses .which may be incurred in effecting such restoration, including the expenses of dismounting, packing, transporting, insurance and installation in Peking.

AnTICLE 132. Germany agrees to the abrogation of the leases· from the

Chinese Government under which the German Concessions at Hankow and Tientsin are now held. · China, restored to the full exercise of her sovereign rights in the aboYe areas, declares her intention of opening them to international residence and trade. She further declares that the abrogation of the leases under which these concessions are now held shall not affect the property rights of nationals of Allied and Associated Powers who are holders of lots in these concessions.

ARTICLE 133. Germany waives all claims against tile Chinese Government

or against any Allied or Associated Government arising out of the internment of German nationals in China and their repatriation. She equally renounces all claims arising oi1t of the capture and condemnation of German ~hips in China, or the liquidation, sequestration or control of German properties, rights and interests in that country since August 14th, 1917. This provision, however, shall not affect the rights of the parties interested in the proceeds of any such liquidation, \Yhlch shall be governed by the proyisions of Part X (Economic Clauses) of the present Treaty.

ARTICLE 13-!. Germany renounces in fa Your of the GoYernmen t of His

Britannic Majesty the German State property in the British Concession at Shameen at Canton. She renounces in fm-om· of the French and Chinese Governments conjointly the property of the German school situated in the French Concession at Shanghai.

Section III. Siam. ARTICLE 135.

Germany recognises that all treaties, conventions an<l agreements between her and Siam, an~ all rights, title nnd privileges derived therefrom, including all rights of extraterritorial jmisdiction, terminated as from .July 22, 1917.

820 CONGRESSIONAL RECORD- SEN ATE. JUNE 9,

AR'I'Icr.E 136. All goods and property in Siiun belonging to the German

Empire or to any German St;ite, with the exception of preinises used as diplomatie or con ular residences or office~ pass ipso facto and without compensation to the Siamese Go~t. - Tbe good.,, property, and private Tights of German nationals in Siam shall . b dealt with in accordance with the prortsions of Part X (Economic Clauses) of the pr~ent Treaty. '

ARTICLE 137. Germany wah·es all claims .against the Siamese Go\ernment

on behalf of her .. elf -or her ru1tionals arising out of the seizure or condemnation of German ships, the Uquidation of German proverty, or the .internment .of German nationals in Siam. This pro-vt ion hall not 'att@ct the rights of :the parties interested in the 11roceeds of any such liquidation, which shaH be gol'"erned by the proTis:i.ons . of Part X (Eeonom!.c Clauses) .of tile ])resent Treaty.

£cc:tio:n IV. Liberia. ARTICLE 138..

Germany renouuce all rights and privileges al'ising from the arrangements of _1911 and 1912 regarding Liberia, and particularly tlle right to nominate a German Receiver in Liberia.

She fu·rther r nounce all claim to participate in any measures what oe....-er which may lie -adopted for the rehabilitation of Liberia.

.dr.TiCLE 130. Germany recognizes that all treaties and arrangements be

tw-een ller and Liberia terminated as from .August 8, 1917. ARTICLE 140.

The property, rights nnd interests of G-ermans in Liberia shaH 1le dealt wilh in -aceordance with Part X (Econnmi.c Cl:rnse. ) of the present treaty.

ect·i{)n V. Morocco. ABTICLE 141.

Germa.ny :reuounees all rights, titles anu pri\ileges -conferred on her by the General Act of Algeciras of April 7, 1906, and by the Franco-German Agreement· of February 9, 1909 and No\ember 4, 1911. All treaties, agreements, arrangements and contracts eoncluded by her with the Sberifian Empire are re-garded as abrogated as from Augu t 3, 1914. ·

In no case ean Germany take advantage of these instruments an11 she undertakes not to intervene in any wa.y in negotiation relating to .forocco which may take place between Fra.nee and tbe .other PmYers.

A.nTICLE 142. Germany having recognized the Fr-ench Protectorate in Mo

rocco, hereby ac-cepts all the consequences of its establishment, and she renounc s the regime of the capitulations therein.

This renunciation shall take effect as from Augu t 3, 1914. ARTICLE 143.

The 'herifian Gnvernment hall ha\e complete liberty of action in Tegulating the JStatns of German nationals in Morocco and the conditions in which they may establish themselves there.

German protected persons, semsars and " as ocH!s agricoles" shall be considered as having ceased, as from August 3, 1914, to enjoy the privileges attached to their status and shall be subject to ·the ordinary law~

ARTICLE 144. All property and po sessions in the Sherifian Empire of the

German Empire and the German States pa.s to the Maghzen without payment. • .

For the purposes of this clau e, the property and po sessions of the German Empire and States shall be deemed to include all the property of the Crown, the Empire or States, and the private propertY of the former German Emperor and other Hoyal personages.

All movable and immovable property in the Sherifian Empire belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty.

Mining rights which may be recognised as belonging to German nationals by the Court of Arbitration set up under th~ .Moroccan !\lining Regulations shall form the subject of a \aluation, which the arbitrators shall be requested _to make, and these rights shall then be treated in the same way as pr·operty in Morocco belonging to German nationals. ·

The value of these shares, as assessed by the Reparation Com~ mission, shall be paid to the Reparation Commis ion for the credit of Germany on account of the sums due for reparation. The German Government shall be responsible for indemnifying its nati-onals so dispossessed.

This transfer will take plaee without prejudice to the repayment of debts which German nationals may ha \e contracted towards the Stnte .Bank of Morocco, ·

.AltTICLE 14G. Moroccan goods entering Germany shall enjoy the treatment

a.coordecl to French goods. Section VI . . Egypt.

ABTICLE 147. Germany declares that she recognises the Protectorate pro~

claimed over Egypt by Great Britain .on December 1.8, 1914, and that slle renounces the regime of the Capitulations in Egypt.

This renunciation shall take effect as from August 4, 1914. ARTICLE 148.

~1\.li treaties, agreements, arrangements, and contracts concluded by Germany with Egypt are regarded as abrogated as from August 4, 1914.

In no case can Germany avail herself of these instruments and she undertakes not to intervene in any way in negotiations reln..ting to Egypt which ma.y take place between Great Britain and the other Powers. ·

..A.nTICLE 14.9. Until an Egyptian law of judicial orga.niifttion establishing

courts '\\ith universal jurisdiction comes into force. provi ion shall be ma..de, by means of decrees issued by His Ilighness the Sultan, for the exercise of jurisdiction over German nationals and property by the British Consulru· Tribunals.

I ARTICLE 150. The Egyptian Government shall have complete liberty of

action in regulating the status of German nationals anu the con<litions under which they .may establish them el\.es in Egypt.

.ARTICLE 151. Germany consents to the abrogation of the dec;:e issueu by

His Highness the Khedi\e on No\ember 28, 1904, .relnting to the Commission of the Egyptian Public Debt, or to such chan""e as the Egyptian Go\ernment may think it de irable to rna.ke therein. ·

.ARTICLE 152. Germany con ents, in so far as she is concerned, to the trans

fer to His Britannic l\1ajesty's Government of the power conferred on His Imperial Majesty the Sultan by the Convention signed at Constantinople on October 29, 1888, relating to the free navigation of the Suez Canal.

She renounces all participation in the Sanitary, 1\Ia.ritime, and Quarantine Board <Of Egypt and consents, in so far a.s she is concerned, to the transfer to tile Egyptian Authorities of the powers of that Board

.ARTICLE 153 All property and possessions in Egypt of the German Empire

and the German States pass to the Egyptian Go\ernment without payment.

For thi.'3 purpose, the property and po sessions of the German Empire and States shall be deemed to include a.ll the prop~ erty of the Crown, the Empire or the .States, and the private property of the former German Emperor and other Royal per-sonages. ·

All movable and immovable property in Eygpt belonging to German nationals shall be dealt with in accordance with Sections III and IV of Part X (Economic Clauses) of the present Treaty.

ARTICLE 154. Egyptian goods entering Germany shall enjoy the treatment

accorded to British goods. Secti{)n VII. Turl-;,ey and Bulgaria.

ARTICLE 15(i Germany undertakes to recognise and accept all arrangements

which the Allied and Associated Powers may make with Turkey and BuJgaria with 1·eference to any rights, interests a.nd privi·• leges whatever which might be cl.::limed by Germany or her nationals in Tnrk.e,y and Bulgaria and which -are not dealt with in the provisions of the present Treaty.

Section VIII. Shantung. ARTICLE 156.

ARTICLE .145. Germany renounces, in favour of Japan, all her rights, title, The German Government shall ensure the transfer to :a person and privileges-particltlarly those concerning the territory of

nominated by the French G~lvernment of the shares 1·epresenting Kiaochow, railways, .mines and submarine cables-which he Germany's portion of the capital of the State Bank of Morocco. acquired in virtue of the Treaty concluded by her with China

1919. CONGRESSIONAL RECORD-SENATE. 821 on March G, 1898, and of all other arrangements relative to the Province of Shantung.

All German rights in the Tsingtao-Tsinanfu Railway, including its branch lines, together with its subsidiary property of all kinds, stations, shops, fixed and rolling stock, mines, plant and material for the exploitation of the mines, are and remain acquired by Japan, together with all rights and privileges attaching thereto. , The German State submarine cables from Tsingtao to Shang

hai and from Tsingtao to Chefoo, with all the rights, privileges and properties . attaching thereto, are similarly acquired by Japan, free and clear of all charges and encumbrances.

ARTICLE 157.

The movable and immovable property owne(\ by the German State in the territory of Kiaochow, as well as all the rights which Germany might claim in consequence of the works or improvements made or of the expenses incurred by her, directly or indirectly, in connection with this territory, are and remain acquired by Japan, free and clear. of all charges and encumbrances. ·

ARTICLE 158. Germany shall haml over to Japan within three months from

the coming into force of the present Treaty, the archives, registers, plans, title-deeds and documents of every kind, wherever they may be, relating to the administration, whether civil, military, financial, judicial or other, of the territory of Kiaochow.

ARTICLE 163.

Army administrative serrices consisting of civilian personnel not included in the number of effectives prescribed by the present Treaty will have such personnel reduced in each class to one-tenth of that laid down in the Budget of 1913.

ARTICLE 164, The number of employes or officials of the German States~

such as c'ustoms officers, forest guards and coastguards, shall not exceed that of the employes or officials functioning in these capacities in 1913.

The number of gendarmes and employees or officials of the local or municipal police may only be increased to an extent corresponding to the increase of population since 1913 in the districts or municipalities in which they are employed.

These employees and officials may not be assembled for mill~ tary h·aining.

Chapter II. At·mament, munitions ana mate1'ial.

ARTICLE 165.

At the expiration of two months from the coming into force of the present Treaty the German Army must not possess an armament greater than the amounts fixed in Table No. II, annexed to this Section, with the exception of an optional increase not exceeding one-twentyfifth part for small arms and one-fiftieth part for guns, which shall be exclusively used to provide for such eventual replacements as may be necessary.

'Vitllin the S:liile period Germany shall give particulars to Japan of all treaties, arrangements or agreements -relating to , the rights, title or prirtleges referred to in the two preceding articles.

ARTICLE 166. At the expiration of two months from the coming into force

of the present Treaty, the stock of munitions which the German Army· may have at its disposal shall not exceed the amounts fixed in Table No. III annexed to this Section.

EART V.

MILITARY, NAVAL AND AERIAL CLAUSES.

In order to render possible the initiation of a general limitation of the armaments of all nations, Germany undertakes strictly to observe the military, naval and air clauses which follow.

Section I. Milita1·y cla·uses. Chapter I. B{fectives ana cadres of the Gennan Anny.

ARTICLE 159.

Within two months of the coming into force of the present Treaty the German military forces shall be demobilized a prescribed hereinafter.

AnTICLE 160. The German Army must not comprise more than ·eyen dh·i

sions of infantry and three divisions of cavalry. In no case must the total number of effectiYes in the _t\.rmy

of the States constituting Germany ever exceed one hundred thousand men, including officers and establishments of depots. The Army shall be deYoted exclusively to the maintenance of order within the territory and to the control of the frontiers.

The total effecti\e strength of officers, including the personnel of staffs, whatever their composition, must not ex:C'eed four thousand.

ARTICLE 161. DiYisions an<l Army Corps headquarters staffs shall be or

gani ed in accordance with Table No. I annexed to this Section. The number and strengths of the units of infantry, artillery,

engineers, technical services and h·oops laid clown in the aforesaid Table consitnte maxima which much not be exceeded.

The following units may each ha 'e their own depot : An Infanh·y regiment ; A Cavalry regiment; A regiment of Field Artillery; A battalion of Pioneers.

ARTICLE 162. Tile divisions must not be grouped under more than two army

corps headquarters staffs. The maintenance or formation of forces differently grouped

or of other organisations for the command of troops or for preparation for war is forbidden.

The Great German General Staff and all similar organisations shall be dissol\ed and may not be reconstituted in any form.

Tile officers, or persons in the · position of oflkers, in. the Ministries of War in the different States in Germany and in the Adminish·ations attached to them, must not exceed three bunured in number and are included in the maximum strength of four thousand laid down in the 3rd paragraph of Article 160.

Within the same period the German Government will store these stocks at points to be notified to the Governments of the

·Principal Allied and Associated Powers. The German Government is forbidden to establish any other stocks, depots, · or re-serves of munitions. ·

ARTICLE 167. The number and calibre of the gtms constituting at the date

of the coming into force of the present Treaty the armament of the fortified works, fortresses, any land or coast forts .which Germany is allowed to retain must be notified immediately by the German Government to the Governments of the Principal Allied and Associated Powers, and will constitute maximum amounts which may not be exceeded.

Within two months from the coming into force of the present Treaty, the maximum stock of ammunition for these guns will be retluced to, and maintained at, the following uniform rates:fifteen hundred rounds per piece for those the calibre of which is 10.5 em. and under : five hundred rounds per piece for those of higher caJibre.

AP.TICLE 168. The manufacture of arms, munitions, or any war material,

shall only be carried out in factories or works the location of which shall be communicated to and approved by the Governments of the Principal Allied and Associated Powers, and the number of which they retain the right to restrict.

Within three months from the coming into force of the present Treaty, all other establishments for the manufacture, preparation, storage or design of arms, munitions, or any war material whatever shall be closed down. The same applies to all arsenals except those used as depots for the authorized stocks of munitions. Within the same period the personnel of these nr. ·enals will be dismissed.

AllTICLE 169.

Within t''m months from the coming into force of the prc ~ent Treaty German arms, munitions and war material, including anti-aircraft material, existing in Germany in excess of the quantities allowed, must be surrendered to the Governments of the Principal Allied and Associated Powers to be destroyed or rendered useless. This Will also apply to any special plant intended for the manufacture of military material, except such as may be recognised as necessary for equipping the authorised strength of the German army.

The surrender in question will be effected at such points in German territory as may be selected by the said Governments.

Within the same period arms, munitions and war material, including anti-aircraft material, of origin other than German, in whatever state they may be, will be delivered to the said Governments, who will decide as to their disposal.

822 OONGRESSION AL RECORD- SEN ATE.

ARTICLE 170. Importation into Germany of arms, munitions and war

material of every kind shall be strictly prohibited. The same applies to the manufacture for, and export to, for

eign countries of arms, munitions and war material of every kind.

ARTICLE 171. The use of a phyxiating, poisonous or other gases and all

analogous liquids, materials or devices being prohibit-ed, their manufacture and i-mportation are strictly forbidden in Germany.

The same applies to materials specially intended for the manufacture, storage and use of the said product or devices.

The manufacture and the importation into Germany o.E · armoured cars, tanks and all similar constructions suitable for use in war arc also prohibited.

ARTICLE 172. Within a period of three months from the coming into force

pf the present Treaty, the German Government will disclose to the Governments of the Principal .Allied and .Associated Powers the nature and mode of manufacture of all explosives, toxic substances or other like chemical preparations used by them in the "·a r or prepared by them for the purpose of being so used.

Chapter Ill. R ecruiting and Militat·u Tmining. AnTICLE 173.

Universal compulsory military service shall be abolished in Germany.

The German Army may only be con ·tituted and recruited by means of voluntary enlistment.

ARTICLE 17 4. The period of enlistment for non-commis ·ioned officers and

privates must be twelve consecutive years. The number of men discharged for any reason before the

expiration of their term of enlistment must not exceed in any year five per cent. of the total effectives fixed by the second paragraph-of .Article 160 of the present Treaty.

ARTICLE 175. The officers who are · retained in the .Army must undertake

the obligation to serve in it up to t he age of forty-five years at least.

Officers newly appointed must undertake to ene on the active 1i '3 t for twenty-five consecutiye years at least.

Officers who haYe previously belonged to any formations whateYer of the .Army, and who are not retained in the units allowed to be maintained, must not take part in any military exercise whether theoretical or prad ical, and will not be under any military obligations whatever.

The number of officers discharged for any reason before the eJ..-piration of their term of service must not exceed in any year five 'per cent. of the total effectives of officers provided for in the third paragraph of Article 160 of the pre. ent Treaty.

Ar.Ticru 176. On the expiration of two months from the corning into force

. of the present Treaty there must only exi. ·t in Germany the number or military schools which is absolutely indispensable for the recruitment of the officers of the units allowed. These schools will be exclusively intended for the recruitment of officers of each arm, in the proportion of one school per arm. .

The number of students admitted to attend the ·courses of the sai<l schools will be strictly in proportion to the vacancies to be filled in the cadres of officers. The student and the cadres will be reckoned in the effectives fixed by the second and third paragraphs of .Article 160 of the present Treaty.

Consequently, and during tl1e period fixed aboYe, all military academies or similar institutions in Germany, as well as the ui:fferent military schools for officers, student officers ( .LI. spiranten), cadets, non-commissioned officer or tudent non-commissioned officers (Aspirant en), other than the schools above proYided for, will be aboli · h~d.

ARTICLE 177. Edm:ational establishments, the universities, societies of dis

charged oldiers, shooting or touring clubs and, generally speaking, n.s ociations of every description, whateYer be the age of their members, must not occupy themselYes with any military matters.

In particular they will be forbidden to instruct or exercise their members, or to allow them to be instructed or exercised, in the profession or use of arms.

These societies, associations, educational establishments and universities must ha"'e no connection with the Ministries of \Var or any other military a '.!thority.

ARTICLE 178. .All meaures of mobilization or appertaining to mobilization

are forbidden. In no case must formations, administrative sen·ices or General

Staffs include supplementary cadres. ARTICLE 179.

Germany agrees, from the coming into force of the present Treaty, ·not to accredit nor to send to any foreign country, any military, naval or air mission, nor to allow any such mission to leave her territory, and Germany further agrees to take appropriate measures to prevent German nationals from leaving her territory to become enrolled in the Army, _Navy, or Air service of any foreign Power, or to be attached to such .Army, Navy or Air service for the purpose of assisting in the military, naval or air training thereof, or otherwise for the purpose of giving military, nayal or .a.ir instruction in any foreign country.

The .Allied and .Associated Powers agree, so far ns they are concerned, from the coming into force of the present Treaty, not to enrol in nor to attach to their armies or naval or air forces any German national for the purpo e of as isth1g in the military training of such armies, or naval or air forces, or otherwise to employ any such German national as military, naval or aeronautic instructor.

The present provision does not, howeyer, affect the right of France to recruit for the Foreign Legion in accordance with French military laws and regulations.

Ohavte1· IV. Fortittca.tions.

.~RTICLE 1S0. Within three months of the col.lling into force of the present

Treaty, all fortified works, fortresse and fiel<l works Ituated on German territory to the west of a line drawn fifty kilometres to the east of the Rhine shall be disarmed and dismantled, as provided in Article 42 of Part III (Political Clau es for Europe) of the present Treaty.

The construction of any new fortification, ,,-hateYer its nature and importance, ·is forbidden in this zone.

The system of fortified works of the southern and eastern frontiers of ~ermany shall be maintained in its existing state.

Table No. 1. STATE A ND E TABLISHMEXT OF ARMY CORPS HE.ADQU ABTER T.A..FFS

AKD OF INFANTRY A-~D CAVALRY DIVISIO~S.

These tabular statements do not form a fixed establishment to be imposed on Germany, but the figures contained in them (number. of units and strengths) represent maximum figures, which should not in any case be exceeded.

I. Army corps hea.dq !J. arters staffs.

Maximum strengths Ma..·d- of each unit:.

Unit ~~~0;~ -J------;----ised. Officers. 1\. C. O.'s

and men. __:_ _______________ , ____ - - - ---Army corps headqlllrtcrs staffs . . . . . . . . . . . . . . . . .. . . . 2 30 150

Total for headquarters staffs ....... . . . .... . ... ~~---60-,--;Mi

II. Establishment of an infantry didsion.

Cni t.

Headquarters cf an infantry division ......... . .. . .. . Headquarters of division al infantry . . . . ......... .. . . Headquarters of divi5ional artillery ........ . ....... .

R~~~~~~~i;;i:iiises ·a battilion!i oi iriraittry·. · Each batt:llion comprises 3 companies of infantry and 1 machine-gun company.)

Trench mortar company ...... . .................... . Divisional squadron ...... . ..... . .. . ... . .... . ... .. .. . Field artillery regimen t ... . .......... . .......... . .. .

(Each regiment comprises :3 groups of artillery. Each group comprises 3 bat teries.)

Pioneer battalion ......... . . ......... . . . ....... . ... . . (This battalion comprises 2 com~nies of pioneers,

sidaf~~~g~!!~~~-t~ .1. ~~~-. :~~:. ~~~~i~~·! .. ..

Maxi- Maximum strengths mum No. of each unit . of such units in

Ji~~~- Officers. ~f~;;:.

~ 1 1

25 4

. 4 70

6 6 5

12

12

70 30 30

2,300

150 150

1, 300

400

300 (This detachmen t comprises 1 t elephone dotach

ment, 1listeningsection, 1 carrier pigeon section. ) Divisional medical service.... . ..... . ............ . ... 1 20 ~00 Parl..--s and convoy3 .........•.•..... _. ............. .. . . . .. .. . . . 14 800

Total for infant; y division ........... . ... . ... . . ~~-----ru;- ----w.sao

1919. - OONGRE SIOl-TAL l{.ECORD-SENATE. 823 m. J£stablishmc7tt of a cat:amj.ifivisi07l.

/ Ma.--d :Uaximum:s&rengths of each unit. mum

numili&l------~-----·()f such unit.sln a

unit. N.C.O.'s

sin~-tle division.

Officers. and

Headquarters or a cavalry di'rision .•.•. ···--·· .. ·-

Ca&~~h1~~=· conipiiSe5 ;4 s<iiiadroiis.Y-· · · · --1 6

15 40

.20

men.

50 soo · tOO norse nrti~ •group (3 batteries).----- .. ·- ..... ·--·

TolaJ Ior rov!l]ry di'islon ... - ·······-··-····- ~1-------------- --~~~----ZlD-D-+--.5-,-250-

'11able No. II. TAnL.L..\.n STATEMENT OF Alnr.\1>fENT 'ESTAnLISHMENT FOR A ~

MUM OF "7 TNFANTRY DIVISIONS, 3 CAVALTIY DIVJ:SIO~S, .A.'ND 2 A1IMY CO:RPS HEADQUAnTERS 'STAFFS.

Infan- For7 try infan.,

Material. divi- t!~ di- · sion. VlSlOllS.

(1) ,(2)

Cav-alry divi-sion.

(3)

For3 cav-a~ divt-sions.

(4)

2Army corps headquarters

staffs.

.(i.i)

Rilles ............... · .. 12,000 184,000 ==1 Thisestahlish-Carbin .....•.•........ ·-·-·. . . . . . .. . 6,000 :18~000 mont must Heavy machine guns.. 108 1 756 12 36 be dra.wn Light machine guns. . . '162 1,134 . . . . . . • . . . . . . . . . .from the ·in-Medium trench mor- creased ar-

tars .. .. -·····...... g 63 ··.·-··· ........ mamcnts o! Light trench mortars.. 27 189 thedivision-7.7cm.guns........... 2-t 168 ..... i2. ·-···a6· alinlantry. 10.5 om. h<rnitzcrs. .. . . 12 £4 ..••• ·- -·-· .••

~l'ablc No. TIT. MAX1M1nf STOCKS A"UTHOIITSED.

Maxi-

Total ot columns 2, 4, and

5.

(6)

84,000 18,000

792 1,134 ;

63 189 204 84

Material. n=~ .E~~- . 'Mxti-cOfarl:ns ment ·mnm,. ·author- per•nntt. .totals.

ised.

-----------------·---------~1---------

Within two months from tile earni-ng =into force of the pre ent Treaty the -personnel in exce · of the ·abOTe strength slla:I1 'be demobilized.

No naval or military corps or .re erve force in connection with the Navy may be .organised in Germany without being included in the above strength.

A:nTICLE 184. From the date of the coming into force of the pre ent Treaty

all the German surface warships which are not in German ports cease to belong to Germany, who renounces all rights over them.

Vessels which, in ·Compliance with the Armistice ef llth November 1918, axe now interned in the ports of the Allied and Associated Powers are .declared to be :finally surrendered.

Vessels which a.re now interned in neutral ports · will ibe there surrendered to the Governments of the Principal Allied .and Associated Powers. The German ·Go\ernment must address a notification to that effect to the neutral Powers on the coming into force of the present Treaty .

.AJITICLE 183. :Within a pelio<l of two months from the earning into force

.of the present Treaty the German surface warships enumer-ated belo.w will be surrendered to the P .. rincipal Allied and Associated Powers in such ~<\.llied ports as the said Powers may direct.

These warships will haye been ·disarmed as provlded in Article XXITI of the Armi tice dated 11th Navember, 1918. Nevertheless they must Iurve all their guns on board.

Oldenburg. TJ~'lw~nge·n . Ostt1·iesumd. Hel-goland.

Il.\TTLE HIP'.

Posen. Wcstfalcn. Rheinl.and. lo.-assau.

LIGHT CnTI. EnS.

Stettin. St·raZsund. Danzig. .il 'LW s b uru. Miinclwn. Ko1JJe1·g. IAibedk. ift'lrttgart.

and, in addition, forty-two mouern lles:b:!oyers 'RDd :fifi.-y modern torpedo lJoa.ts, as •chosen :by- the Governments of the I'rlnci;pnl Allied and As ociated Power .

ARTICLE 18G.

.Bounds . . 'Rounds. On the coming into force of the pre ·ent Treaty the German st;ooo } •. 00 0 800 000 Government must undertake, 1.mder the supervision of the ~s,eoo "' ,· ' .

792 } ·Guvermnents of ifue 'P.rlnclpal Allied and Associated Powers, Rifles ...... ... ..... . • ....... ...... ........ - · ...... -·

~~~8cliine'iUDS~:::::: :::::::::::::::: :~: ::~: ~ Light machine guns ........••.... ... .••.••.••....... il,13! s,ooo . :5,408,000 the breaking-up af ·all the GeTman -surface ~\arSlliJlS now 1.111:der Medium trench mortars ............... ·-······--· Light trench mortars ....••......................••.. Field artillery '

.u3 400 , 25,.200 . ·constructioll. ' 189 800 .151,j!()()

7.7cm. guns ....................•.....•...•.• ~-·· 10.5 em. howitzers ... -· ..................•.••....

20! 84

Section 11. Nava~ Ola'zt&es. .A:R:rraLE 11.81.

1,000 800

204,000 67,200

After the ex;plration of a period of two months !from t1le coming into force of the present Treaty the German nn.Y'al forces in commission must not exceed :

6 battleships of the Dcirtschlancl or Lothringcn t3·pe, 6 light cru1sers,

12 destroyer ·, 1:2 torpedo lJoat ,

or an equal number of ships con ·trnctea ·to replace them as proviUed in Article 190.

No :ubmarines are to be !included. All other warships, ·except ;where there is ;provision to ihe

contrary in the -pTesent Tr-eaty, must be placed ill resen:~ o.r 'devoted to commercial purposes.

AnTIC.LE l.82 ..

Until the comPletion of the .mmes:"·eeping prescribed by Article 193 ·Germany :will :keep in comm.i.f;slon such number of mine weeping ·vesse1s as may be fixed by the Government ·of the Principal Allied ·and Associated Power .

ARTICLE 183. After the ,expiration of a period o-f nvo mouths ;trom :the .com

ing into .force of the pre ent Treaty the total -personnel of the German Navy, inCluding the manninz of the 1le.et, con:s.t · tiefence ·, signal ~tations, administration ancl ·Other ,ln.nd ·erv:ices, • mu ·t not exceed fifteen thousand, including ·Officer · a:nEl men of all g1·ades an<l corp·. ·

Tlw total . ·tcen~th of omcer nn<l wnn:aut oflicers must ,not exce, d fifteen lntJHlred.

M.TJ:CLE 1 7.

The German ,auxiliary cruiser and fleet auxiliarie · enumerated belo-w will b-e disarmed an<.1 treated' as ru ·chant sltips.

Berlin . Siwta Fe.

Ammon. Ans-11:a1a. Bo.snia. Oarc1o1Ja. Oas cl. Danio. Rio ?\' ogro. Rio rPa·rdo. Santa Cnt:::. Sch1cabcn. Solingcn. Steigcnca1cl. F"rankcn. Gunclomar.

Th~ED I'N ::x:E'C"Illi\L <YUNTniE

ScydUt::. YorcJ..:.

IN QEI:~LL~Y:

F ii r t JJ·ii1ow. Gcntrucl. K .-iuoma. Rugia.

antaElona. , c1t1eszr;ig. Mowc.

icrra 'Vcntana. Chemn"itz. En'bfl ·Georg ·z:on Straus11. II a1Js7J·urg. :Meteor. l'Vc:altrm~te. Scharnhorst.

ARTICLE 188.

On the expiration of one month .from the coming into force of the present Treaty .all Genna.n submarines, JH:ibmarine sal .. va.ge Tessels and dockB for su1unarines, including the tubular doCk, mu.c;;t ha:ve been ~ana.ed over to .the Governments of the Principal.Allieil .nnd Associated :Powers.

Sucl1 of the e submarines, ;vessels and doCks as are co.nsldered by -:the aiel Go:remmen.t to be fit to proceed under their O\\n power or to 1be towed sball 'be rtaken b-)· the German Government into such Allied ports asltave IJe n indicated.

The remainder, and also thos;e in course of onslntcUon. sltall be broken up entirely IJy the German GoYerut!l nt uu lc:.· llle

824 CONGRESS! ON AL RECORD-SEN ATE. JUNE 9,

supervision of the said Governments. The breaking-up must be hydographical information now in its possession concerning completed ·within three months at the most after the coming into the channels and adjoining waters between the Baltic and the force of the present Treaty. North Sea.

ARTICLE 189. Article , machinery, and material arising from the breaking

up of German warships of all kinds, whether surface vessels or submarines, may not be used except for purely industrial or commercial purposes.

They may not be sold or disposed of to foreign countries. ARTICLE 190.

Germany is forbidden to construct or acquire any warships other than those intended to replace the units in commission provided for in Article 181 of the present Treaty.

The warships intended for replacement purposes as above shall not · exceed the following displacement:

Armoured ships ___________________________ 10, 000 tons Light cruisers _____________________________ 6,000tons I>estroyers________________________________ 800tons Torpedo boats_____________________________ 200tons

Except where a ship has been lost, units of the different classes shall only be replaced at the end of a period of twenty years in the case of battleships and cruiser , and fifteen years in the case of destroyers and torpedo boats, counting from the launching of the ship.

ARTICLE 191. The construction and acquisition of any submarine, even for

commerCial purpose , hall be forbidd~n in Germany. ARTICLE 192.

The warships in commission of the German fleet must only have on board or in reserve the allowance of arms, munitions and war material fiXed by the Principal Allied and Associated Powers.

Within a month from the fb:ing of the quantities as above, arms, munitions and war material of all kinds, including mines and torpedoes, now in the hands of the German Government and in excess of the said quantities, shall be surrendered to the Governments of the said Powers at places to .be indicated by them. Such arms, munitions and war material will be destroyed or rendered useless.

All other stocks, depots or rese1-ves of arms, munitions or naval war material of all kinds are forbidden.

The manufacture in German territory and the export of these articles to foreign countries shall be forbidden.

ARTICLE 193. On the coming into force -of the present Treaty Germany will

forthwith sweep up the mines in the following areas in the North Sea to the eastward of longitude 4 o 00' E. of Greenwich:

(1) Between parallels of latitude 53° 00' N. and 59° 00' N.; (2) To the northward Of latitude 60° 30' N.

Germany must keep these areas free from mines. Germany must also sweep and keep free from mines such

areas in the Baltic as may ultimately be notified by the Governments of the Principal AUied and Associated Powers . .

. ARTICLE 194. The personnel of the German Navy shall be recruited entirely

by voluntary engagements entered into for a .minimum period of twenty-five consecutive years for officers and warrant officers; twelve consecutive years for petty officers and men;

The number engaged to replace those discharged for any reason before the expiration of their term of service must not exceed five per cent. per annum of the totals laid down in this Section (Article 183) .

The personnel discharged from the Navy must not receive any kind of naval or military training or undertake any further service in the Navy or Army.

Officers belonging to the German Navy and not demobilised must engage to serve till the age of forty-five, unless discharged for sufficient reasons.

No officer or man of the Ge!'man mercantile marine shall receive any training in the Navy.

ARTICLE 195. In order to ensure free passage into the Baltic to all nations,

Germany shall not erect any fortifications 'in the area comprised between latitudes 55° 27' N. and 54 o 00' N. and longitudes 0° 00' E. and 16° 00' E. of the meridian of Greenwich, nor instal nny guns commanding the maritime routes between the North Sea and the Baltic. The fortifications now existing in this area shall be demolished and the guns removed under the supervision of the Allied Governments and in periods to be fixed by them.

The German GoYemment shall place at the disposal of the Government of the Principlll Allieu and Associated Powers all

ARTICLE 196. All fortified works and fortifications, other than those men

tioned 1n Article 195 and in Part III (Political Clauses for Europe) Section XIII (Heligoland), now established within fifty kilometres of the German coast or on German islands off that coast shall be considered as of a defensive nature and may l'emain in their existing condition.

No new fortifications shall be constructed within these limits. The armament of these defences shall not exceed, as regards the number and calibre of guns, those in position at the date of the coming into force ·of the present Treaty. The German Government shall communicate forthwith particulars thereof to all the European Governments.

On the expiration of a period of two months from the coming into force of the present Treaty the stocks of ammunition for these guns shall be reduced to and maintained at a maximum figure of fifteen hundred rounds per piece for calibres of 4.1-inch and under, and five hundred rounds per piece for highe~ calibres.

ARTICLE 197. I>uring the three months following the coming into force of

the present Treaty the German high-power wireless telegraphy stations at Nauen, Hanover and Berlin shall not be used for the transmission of messages concerning naval, military or political questions of interest to Germany or any St~te which has been allied to Germany in the war, without the assent of the Governments of the Principal Allied and Associated Powers. These stations may be used for commercial purposes, but only under the supervision of the said Governments, who will decide the wave-length to be used. ·

I>uring the same period Germany shall not build any more high-power wireless telegraphy stations in her own territory or that of Austria, Hungary, Bulgaria or Turkey.

Section III. Ai1· cla11,scs. ARTICLE 198.

The armed forces of Germany must not include any military or naval air forces. · ·

Germany may, during a period not extending beyond the 1st October, 1919, maintain a maximum number of one hundre1l seaplanes or flying boats, which shall be exclusively employed in searching for submarine mines, shall be furnished with the necessary equipment for this purpose, and shall in no case carry arms, munitions or bombs of any nature whatever.

In addition to the engines installed in the seaplanes or flying boats above mentioned, one spare engine may be provided for each engine of each of these craft.

No dirigible shall be kept. ARTICLE 199.

Within two months from the coming into force of the pre ent Treaty the personnel of the air forces on the rolls of the German land and sea forces shall be demobilised. Up to the 1st October, 1919, however, Germany may keep and maintain a total number of one thousand men, including officers, for the whole of the cadres and personnel, flying and non-flying, of all formations and establishments.

ARTICLE 200. Until the complete evacuation of German territory by the Al

lied and Associated troops, the aircraft of the Allied and .A s~ ociated Powers shall enjoy in Germany freedom <Yf pa sage .through the air, freedom of transit and of landing.

ARTICLE 201. I>uring the six months following the coming into force of the

present Treaty, the manufacture and importation of aircraft, parts of aircraft, engines for aircraft, and parts of engines for aircraft, shall be forbidden in all German territory.

ARTICLE 202. On the coming into force of the pre ent Treaty, all military

and naval aeronautical material, except the machines mentioned in the second and third paragraphs of Article 198, must be delivered to the Government of the Principal Allied an<l A sociated Powers.

I>elivery must be effected at such places as the said GO\-ernments may select, and must be completed within three month . .

In particular, this material will include all items under the following heads which are or have been in use or were de igned for warlike purposes:

Complete aeroplanes and seaplanes, as well as those being manufactured; repaired or assembled.

I>irigibles able to take the air, being manufactured, repaired or assembled.

- 1919. CONGRESS! ON AL RECORD-SEN .ATE. 825 ·Plant for the manufacture of hydrogen. Dirigible sheds and shelters of every kind for aircraft. Pending their delivery, dirigibles will, at the expense of Ger

many, be maintained inflated with hydrogen; the plant for the manufacture of hydrogen, .as well as the sheds for dirigibles, may, at the discretion of the said Powers, be left to Germany until the time when the dirigibles are handed over.

Engines for aircraft. Nacelles and fuselages. Armament (guns, machine guns, light machine guns, bomb

dropping apparatus, torpedo-dropping apparatus, synchronization apparatus, aiming apparatus).

Munitions (cartridges, shells, bombs loaded or unloaded, stocks of explosives or of material for their manufacture).

Instruments for use on aircraft. Wireless apparatus and photographic or cinematograph appa

ratus for use on aircraft. Component parts of any of the items under the preceding

heads. '.rhe material referred to above shall not be removed without

special permission from the said Governments. Section Ir. Inter-Allied Oonmtissions of Control.

ARTICLE 203. All the military, naval, and air clauses contained in the pres

ent Treaty, for the execution of which a time-limit is prescribed, shall be executed by Germany under the control of Inter-Allied Commissions specially appointed for this purpose by the Principal AUied ami Associated Powers.

ARTICLE 204. The Inter-Allied Commissions of Control will be specially

charged with the duty of seeing to the complete execution of the delivery, destruction, demolition and rendering things useless to be carried out at the expense of the German Government in accordance with the present Treaty.

They will communicate to the German authorities the decisions which the Principal Allied and Associated Powers )lave reserved the right to take, or which the execution of the military, naval and air clauses may necessitate.

ARTICLE 205. The Inter-Allied Commissions of Control may establish their

organisations at the seat of the central German Government. They shall be entitled us often as they think desirable to

proceed to any point whatever in German territory, or to send sub-commissions, or to authorize one or more of their members to go, to any such point.

ARTICLE 206. The German Government must give all necessary facilities

for the accomplishment of their missions to the Inter-Allied Commissions of Control, and to their members.

It shall attach a qualified representative to each Inter-Allied Commission of Control for the purpose of receiving the communications which the Commission may have to address to the German Government and of supplying or procuring for the Commission all information or documents which may be required.

The German Government must in all cases furnish at its own cost all labour and material required to effect the deliveries and the works of destruction, dismantling, demolition, and of rendering things useless, provided for in the present Treaty.

ARTICLE 207. The upkeep and cost of the Commissions of Control and the

expenses involved by their work shall be borne by Germany. ARTICLE 208.

The Military Inter-Allied Commission of Control will represent the Governments of the Principal Allied and Associated Powers in dealing with the German Government in all matters. concerning the execution of the military clauses.

In particular it will be its duty to receive from the German Government the notifications relating to the location of the stocks and depots of munitions, the armament of the fortified works, fortresses and forts which Germany is allowed to retain, and the location of the works or factories for the production of arms, munitions and war material and their operations.

It will take deliv~ry of.the arms, munitions, and war material, will select the points where such delivery is to be effected, and will supervise the works of destruction, demolition, and of rendering things useless, which are to be carried out in accordance with the present Treaty.

The German Government must furnish to the Military InterAllied Commission of Control all such information and documents as the latter may deem necessary to ensure the complete execution of the military clauses, and in particular all legislative Qnd administrative documents and regulations.

ARTICLE 209. The Naval Inter-Allied Commission of Control will represent

the Governments of the Principal Allied and Associated Powers in dealing with the German Government in all matters concerning the execution of the naval clauses.

In particular it will be its duty to proceed to the building yards and to supervise the breaking-up of the ships which are under construction there, to take delivery of all surface ships or submarines, salvage ships, docks and the tubular dock, and to supervise the destruction and breaking-up provided for.

The German Government must furnish to the Naval InterAllied Commission of Control all such information and documents as the Commission may deem necessary to ensure the complete execution of the naval clauses, in particular the designs of the warships, the composition of their armaments, the details and models of the guns, munitions, torpedoes, mines, explosives, wireless telegraphic apparatus and, in general, everything relating to naval war material, as well as all legislative or administrative documents or regulations.

ARTICLE 210. The Aeronautical Inter-Allied Commission of Control will rep

resent the Governmen~ of the Principal Allied and Associated Powers in dealing with the German Government in ~11 matters concerning the execution of the air clauses.

In particular it will be its duty to make an inventory of the aeronautical material existing in German territory, to inspect aeroplane, balloon and motor manufactories, and factories producing arms, munitions and explosives capable of being used by aircraft, to visit all aerodromes, sheds, landing grounds, parks and depots, to authorise, where necessary, a removal of mate-rial and to take delivery of such material. ·

The German Government . must furnish to the Aeronautical Inter-Allied Commission of Control all such information and legislative, administrative or other documents which the Commission may consider necessary to ensure the complete execution of the air clauses, and in particular a list of the personnel belonging to all the German Air Services, and of the existing material, as well as of that in process of manufacture or on order, and a list of all establishments working for aviation, of their positions, and of all sheds and landing grounds.

Section V. Geneml m·ticles. ARTICLE 211.

After the expiration of a period of three months from the coming into force of the present Treaty, · the German law must have been modified and shall be maintained in conformity with this Part of the present Treaty. •

Within the same period all the administrative or other measures relating to the execution of this Part of the Treaty must have been taken.

ARTICLE 212.

The following portions of the Armistice of November 11, 1918 : Article VI, the first two and the sixth and seventh paragraphs of Article VII; Article IX; Clauses I, II and V of Annex no 2, and the Protocol, dated April 4, 1919, supplementing the Armistice of November 11, 1918, remain in force so far as they are not inconsistent with the above stipulations.

.ARTICLE 213.

So long as the present Treat-y remains in force, Germany undertakes to give every facility for any in\estigation which the Council of the League of Nations, acting if need be by a majority -vote, may consider necessary. ·

PART VI. PRISONERS OF WAR AND GRAVES.

S ection I. Prisoners of ~em·. AliTICLE 214.

The repatriation of prisoners of. war and interned civilians shall take place as soon as possible after the coming into force of the present Treaty and shall be carried out with the greateRt rapidity.

.ARTICLE 215.

The repatriation of German prisoners of war and interned civilians shall, in accordance with Article 214, be carried out by a Commission composed of representatives of the Allied and Associated Powers on the one part and of the German Go-vernment on the other part.

For each of the Allied and Associated Powers a Sub-Commission, composed exclusi-vely of representatives of the interested Power and of Delegates of the German Government, shall regulate the details of carrying into effect the repatriation of the prisoners of war.

826 CON NAL RECORD-BE_ TE. JUNE 9,

ARTICLE 216. From the· time ()f their delivery into the hands 'Of the erma:n

Authorities the prisoner of war and interned civilians ·are to be returned without delay to their homes by the said Authorities.

Those amongst them who before the war ·were habituaTiy resident in territory occupied by the troops of the Allied and .Associated Powers are likewise to be sent to their homes, subject to the nsent 11.nd control of the Military Authorities of the .A1lied and ~ ~ ociated armie of occupation.

ARTICLE 217. The whole cost of repatriation from tile moment of starting

shall be borne by the German Government who shall also provide the land and sea transport and ·~:;taff ronsidered necessary by the Commission ref rred to in article 21G.

AnTICL£ 218. Pri ·oners of war and interned civilians awaiting di po a.l or

undergoing entenee for offences against discipline shall be repatriated irrespective of the completion of their entence or of the proceedings pending against them.

This stipulation shall not apply to prisoners of war and internecl civilians punished for offences committed subsequent to May 1st, 1919.

During the period pending their repatriation all prisonCI<s of war and interned civilians shall remain subject to the existing

.r· gulations, more especially as regards work and discipline. AnTICLE 219.

Pri oners .of war auu interned riYilin.u who are awaiting dis110..,al or undergoing sentence for offences -other than tho ·e ao-aiust discipline may be detained.

ARTICLE 220. Tile .aerman Government undertakes to admit to its territory

without dis:tinetion all p r ons liable to repatriation. I)r1:oners of war or other German nationals w'llo do not de

sir to be repatriated may be excluded from t·epatr'ia.ti.on; but the Allied and Associated Go\-ernments re erve to themselves the right either to repatr.in.te them or to take them to a neutral country or to -allow .them to reside in their own territories.

The German Govel'IllllCilt undertakes not to institute -any exceptional proceedings agaim;t these per oru or their families nor to take any repres i\~ or Yexatious m~ ures of any kind -what oe\er against them <?n this account.

,AnncLE 221. The Allied and lli3 ciated .Q-o,eru.ment reset'\e the right to

make the repatriation of GermaB pri oner ... of 'Tal' or German nationals in their hands conditionnl 11pon the :immediate notification and release by the German Go"ternment OT .any prisoners of war who are nationals of the llied aml A . soeiated Po,,~ers and ~ay shll be in Germany.

Al:TICLE 222." Germany undertakes : 1. To give every facility to the Oo.mmi sions to enquire into

the ca es. of those who cannot be traced; to furnish such OommiSl ions with all necessary :means of transport; to allow them acce ·s to camps, prisons, hospitals a.nd all .other places; and to plac at their disposal all documents, whether public or private which would facilitate their enquiries.

2. To impose penalties upon any German officials or private per ons who have. ·concealed the 11resen.ce of any nationnls of any of the .Allied And .As ociated Powers or haTe neglected to ren~al the pre en(!e of any such after it - ha.d come to their kno,ledge-.

ARTICLE 223. Germany undertake to re tore without d.elay from the date

of the coming int9 force of the present Treaty all articles, money, securities and documents which haTe belonged to nationals of the Allied and As ociated Powers and which have been retained by the German authorities.

AnTICLE 2'>...4. The High Conh·acting Parties waive rectpr9c.ally all repay

ment of sums due for the maintep.ance of prisoners of war in their respecti>e territories. ·

Section II. Grarcs. Al::TICLE 223.

The .Allied and A ociated Go-.ernments and the German Gon~rnment will cause to be respected and maintained the grRv s of the soldier and a.ilors buried in tlleir respective territories.

They agree to r cognise any Commission appointed by an Alli tl or A sociated GoY rnment for the purpose of identifying,

l'egistering, caring for or erecting suitable memorials over the said graves and to facilitate the :discharge of it duties.

Fwthermore they agree to afford, so far a the pronsions of their law and the requirements of public health allow, e\ery facility for 'giving effect to requests that the bodies of their soldi • and sailors may be transferred to their own country.

AltTICLE 226. The graves of prisoners of war and interned civilians who are

nationals of the differe11t belligerent States and haTe died in cap. tivity Shall be properly maintained in accordance with Article 225 of· the present ·Treaty.

The Allied and Associated Gon~rmnent on the one part ::md the German Government on the other part reciprocally undertake also to furnish to each other : ~ A complete list of those who haYe dieu together with all

information useful for identification; 2. All information as to the munber and po ·ition of the gra>es

of all those who ha>e been buried without identification. PART VII.

PENALTIES. AnTICLE 22'7.

The Allied and Associated Po-we:rs .publicly arJtc'llO'n William H -of Hohenzollern, formerly German Emperor, for a upreme offence against international morality and the anctity of treaties. ·

A specinl tribunal will be constituteD to try the accused, thereby assuring him the guarantees e sential to the right of defence. It will be composed of fi>e judges, one nppointed by each of the following Powers: namely, the United State. of America, Great Britain., France; Italy and Japan.

In it.· -deciston the tribunal will be guided by the high t motive of international policy: with a ,·iew to vindicating the 'Solemn obligations of international undertakings and the 'Validity of international morality. It will be its duty to fix the punish- · ment which it eonslders should be impo d.

The Allied and Associat.ed Powers will ::uld.r · a request to the Go'lernment of the Netherland for the ffillT nder to them <Of the ex-Emperor in order that he ma.y u put on triaL

ARTICLE 22. The German Gon~rnment r.ecognise the right f the . .Allied

and sociated Powers to bring before military tribuna.ll persons accused 'Of haying committed acts in Tioln.tion of the law: and customs of ~Tar. Such :per ·ons shall, if found guilty, lie se.u.tenced to punishments laid !].own by military law. This provision will apply notwithstanding any proceedin::rs or pro · cution before a tribunal in Germany or in the territory· of her a1lie . .

The German Government hall hand over to the Allied .and A.s ociated Powers, or to such one of them as shall o request. all persons accused of ha>ing committed an act in violation of the laws and customs of war. who are ;pecified either :by name or by the rank, office or employment which they helu under the German authoritie .

AI:nCLE ?:ill. Persons guilty of criminal acts again t th nationals of ne f

the Allied and Associated Power~ \\ill be brought before tlle military tribunals of that fower_

Per ons guilty of criminal aets against the nationals of .m:oro than ·one of the Allied and A ociated Po,Yers will be br()Llght before military tribunals composed of members of the militru:y tribunals of the Powers concerned.

In every case the accu ed will be entitl (1 to name w .. o"·n counsel.

An'riCLE ~0.

The German Go>ernment undertaJ~.e to furni h all uocuments .and .information of every 'kind, the producti-on .of which may be considered necessary to ensure th€ full knowl-edge of the incriminating aets, the di Tery of offender • and the ju t appre-ciation of responsibility. ·

PART Vlll.

TIEP.ARA.TIO ... -.

cction I. _General pi'Orisions. .A.TITICLE 231.

The .Allie<l anu ..AJ· · ciated Gon~r.nmenis .afilrm. anti crma.ny accepts there ponsibility of Germany anu her Allies for cau ·ing all the lo ..and .damage io whidl the .Allied .and oei.ated Governments and their nationals have been subjected a · a ccon ·equence of th~ war imposed upon them b.Y the aggression of ·Germany and her Allie .

'TICLE .23"2.. The Allied :and A noc.iateu GOY·ernment r ognize that the

resources of Germany ar not .Mlequnte, afte1· taking inte account permanent diminutions of snell resourc which will re-

1919. CONGRESSIONAL RECORD-SEN ATE. 827 suit from other provisions of the present Treaty, to make complete reparn.tion for all such loss and damage.

The Allied and As ociated Governments, however, require, and Germany undertakes, fuat she will make compensation for nll damage done to the civilian population of the Allied and Associated Powers and to their property during the period of the belligerency of ench as an Allied or Associated Power against Germany by such aggression by land, by sea and from the air, and in general all damage as defined in Annex I hereto.

In accordance with Germany's pledges, already given, as to complete restoration for Belgium, Germany undertakes, in addition to the compensation for damage elsewhere in this Cb.apter provided for, as a consequence of the violation of the Treaty of 1839, to make reimbursement of all sums which Belgium has borrowed from the Allied and Associated Governments up to November 11, 1918, together with interest at the rate of five per cent. ( G%) per annum on such sums. This amount shall be determined by the Reparation Commission, and the German Government undertakes thereupon forthwith to make a special i sue of bearer bonds to an equivalent amount payable in marks gold, on May 1st, 1926, or, at the option of the German Government, on the 1st of May in any year up to 1926. Subject to the foregoing, the form of such bonds shall be determined by the Reparation Commission. Such bonds shall be handed over to the Reparation Commission, which bas authority to take and acknowledge receipt thereof on behalf of Belgium.

ARTICLE 233. The amount of the above <lamage for which compensation is

to be made by Germany shall be determined by an Inter-Allied Commission, to be called the Reparation Conunission and constituted in the form and with the powers set forth hereunder and in Annexes II to VII inclusive hereto.

This Commission shall consider the claims and give to the German Government a just opportunity to be heard.

The findings of the Commission as to the amount of damage defined as above shall be concluded and notified to the German Government on or before the 1st May, 1921, as representing the extent of that Government's obligations.

The Commission shall concurrently drnw up a schedule of payments prescribing the time and manner for securing and discharging the entire obligation within a period of thirty years from the 1st May, . 1921. If, however, within the period mentioned, Germany fails to discharge her obligations, any balance remaining unpaid may, ''ithin the discretion of the Commission, be postponed for settlement in subsequent years, or may be handled otherwise in such manner as the Allied and Associated Governments, acting in accordance with the procedure laid down in this Part of the present Treaty, shall determine.

ARTICLE 234. Tlle Reparation Commission ·hall aftel' the 1st May, 1921, .

from time to time, consider the resources an<l capacity of Germany and, after giving her representatives a just opportunity to be beard, · shall have discretion to extend the date, and to modify the form of payments, such as are to be provided for in accordance with Article 233 : but not to cancel any part, except with the specific authority of tlle several Governments represented upon the Cornmi sion.

• UTICLE 235. In order to enable the Allied and Associated Powers to pro

ceed at once to the restoration of their industrial and economic life, pending the full determination of their claims, Germany hall pay in such instalments and in such manner (whether in

gold, commodities, ships, securities or otherwise) as the Reparation Commission may fix, dming 1919. 1920, and the first four months of 1921, the equivalent of 20,000,000,000 gold marks.

Out of this sum the expenses of the armies of occupation subsequent to the armh;tice of the 11th November, 1918, shall first be met, and such supplies of food and raw materials as may be judged by the Governments of the Principal Allied and Associated Powers to be essential to enable Germany to meet her obligations for reparation may also, with the approval of the sai<l Governments, be paid for out of the above sum. The balance shall be reckoned towards liquidation of the amounts due for reparation.

Germany shall further deposit bonds as prescribed in Paragraph 12 (c) of Annex II hereto.

ARTICLE 236. Germ~tny further agrees to the direct application of her

economic resources to reparation as specified in· Annexes III, IV, V, and VI, relating respectively to merchant shipping, to

. physical restoration and to coal and derivatives of coal, and to dyestuffs and other chemical products; provided always that the value of the property transferred and any services

rendered by her under these Annexes, assessed in the manner therein prescribed, shall be credited to her towards liquidation of her obligations under the above articles.

ARTICLE 237. The · succcessive instalments, including the above sum, paid

over by Germany in satisfaction of the above claims will be divided by the Allied and Associated Governments in proportions which have been determined upon by them in advance on a basis of general equity and of the rights of each.

For the pm·poses of this division the value of property transferred and services rendered under Article 243, and under Annexes III, IV, V, VI, and VII, shall be reckoned in the same manner as cash payments effected in that year.

ARTICLE 238. In audition to the payments mentioned above Germany ·shall

effect, in accordance with the procedure laid down by the Reparation Commission, r~stitution in cash of cash taken away, seized or sequestrated, and also restitution of animals, objects of every nature and securities taken away, seized or sequestrated, in the cases in which it proves possible to identify them in territory belonging to Germany or her Allies.

Until this procedure is laid down, restitution will continue in accordance with the provisions of the Armi tice of 11th of November 1918 and its Renewals and the Protocols tlwreto.

ARTICLE 230. Germany undertakes to make forthwith the restitution con

templated by Article 238 and to make the payments and deliveries contemplated by Articles 233, 234, 235 and 23G.

ARTICLE 240. Germany recognizes the Commission provided for by .Article

233 as the same may be constituted by the Allied and Associated Governments in accordance with Annex II, and agrees irrevocably to the possession and exercise by such Commission of the power and authority given to it under the present Treaty.

The German Government will supply to the Commission all the information which the Commission may require relative to the financial situation -and operations and to the property, productive capacity, and stocks and current production of raw materials and manufactured articles of Germany and her nationals, and further any information relative to military operations which in the judgment of the Commission may be necessary for the n sessment of Germany's liability for reparation as defined in Annex I.

The German Government will accord to the members of the Commission and its authorised agents the same rights and Immunities as are enjoyed in Germany by duly accredited diplomatic agents of friendly Powers.

Germany further agrees to provide for the salaries :m<l expenses of the Commission and of such staff as it may employ.

ARTICLE 241. Germany undertakes to pass, issue, and maintain in force

any legislation, orders, and decrees that mny be necessary to give complete effect to these provisions.

ARTICLE 242 . The provisions of this Part of the present Treaty do not

apply to the property, rights and interests referred to in Sec; tions III and IV of Part X (Economic Clauses of the present Treaty, except so far as concerns any final balance in favour of Germany nnder Article 243 (a).

ARTICLE 243. The following shall be reckoned as credits to Germauy in re

spect to her reparation obligations:-(a) Any final balance in favour of Germany under Sections

III and IV of Part X (Economic Clauses) and Section V (AlsaceLorraine) of Part III (Political Clauses for Europe).

(b) Amounts due to Germany in respect of transfers under Part IX (Financial Clauses), Part XII (Ports, ·waterways and Railways) and Section IV (Saar Basin) of Part III (Political Clauses in Europe) . .

(c) Amounts which in the judgment of the Reparation Commission should be credited to Germany on account of any other transfers under the present Treaty of property, rights, concessions or other interests.

In no case however shall credit be given for property restore(} in accordance with Article 238.

ARTICLE 244. The transfer of the German submnriue cables which <lo not

form the subject of particular pro\isions of tbe present l'reaty is re~ulated by Annex VII hereto-

828 CONG-RESSIONAL RECORD--SEN~ .TE. JuNE ·9,

ANNEX L

Compensation may be claimed from Germany under .A.l·ticle 232 abo\e in respect of the total damage under the following categories.

1. Damage to injured persons and to surviving dependents by personal injury to or death of civilians caused by acts of war, inclucling bomhardments or other attacks on land, on sea,. or from the air, and all the direct consequences thereof, and of all operations of war by the two groups of belligerents "\Therever arising.

2. Damage caused by Germany or her allies to civilian victims of acts of cruelty, violence or maltreatment (including injuries to life or health as a consequen-ce of imprisonment, deportation, internment or evacuation, of exposure at sea or of being forced to labour by Germany or her allies), wherever arising and to the surviving dependents of such -victims.

3. Damage caused by Germany or ·her allies in their own territory or in occupied or invaded territory to civilian victim.s of all acts injurious to health or capacity' to work, or to honour, as well as to the surviving dependents of such victims.

4.- Damage caused by any kind of maltreatment of prisoners of war.

5. As damage caused to the peoples of the Allied and Associated Powers, all pensions and compensations in the nature of pensions to naval and military victims of war (including- members of the air forces), whether mutilated, wounded, sick or invalided, and to the dependents of such -victims, th~ amount due to the Allied and Associated Governments being calculated for each of them as being the capitalised cost of such pensions and compensations at the date of the coming into force of the present Tr~atr, on the ba is of the scales in force in France at such rlate. ·

6. The cost of a · sistanee by tlie Governments of the Allied and Associated Powers to prisoners of war and to their fumUies and dependents.

7. Allowances by the Go\ernmerits of the Allied and Associated Powers to the families and dependents of mobilised persons or persons serving with the forces, the amount due to them for each calendar year in which hostilities occurred being calculated for each Government on the basis of the average scale for such ,payments in force in France during that year.

8. Damage caused to civilians by being forced by Germany or her allies to labour without just remuneration.

9. Damage in respect of all property wherever situated belonging to any. of the Allied or Associated States or their nationals, \vith the exception of nayal and military works or materials, which has been catTied off, seized, injuTed or destroyed by the acts of Germany or her allies on land, on sea or from the air, or damage directly in consequence of hostilities or of any operations of war.

10. Damage in the form of levies, fines and other similar exactions imposed by Germany or her allies upon the civilian population.

ANNEX II.

1.

The Commission referred to in Article 233 shall be called " The Reparation Commission '' and is hereinafter referred to as " the Commi sion."

2.

3. Such of the other Allied and Associated PoTI"ers as may be

·interested shall have the right to appoint a Delegate to be present · and act as As essor only while their re pective claims and interests are under examination or cliscu · ion, but without the ·right to \Ote. ·

4. In case of th-e death, resignation or recall of any Delegate,

Assistant Delegate or Assessor, a succes or to him shall be nominated as soon as possible.

5. The Commission will have its principal permanent Bureau in

Paris and will hold its first meeting in Paris as soon as practicable after the coming into force of the present Treaty, and thereafter will meet in such place or places and at such time as it may deem convenient and as may be necessary for the most expeditious discharge of its duties.

6. At its first meeting the Commi ·ion shall elect from among

the Delegates referred to above a Chairman and a Vice-Chairman, who shall hold office for one year and shall be eligible for re-election. If a vacancy in the Chairmanship or Vice-Ch..'lirmanship should occur during the annual period, the Commission shall proceed to a new election for the remainder of the said period.

7. The Commission is authorised to appoint all necessary offi

cers, agents and employees who may be required for the execution of its functions, and to fix their ·remuneration; to constitute committees, whose members ·need not nece sarily be members of the Commission, and to take all executive- steps necessary for the purpose of discharging its duties; and to fiel-e-g&te authority and discretion to officers, agents and committees.

8. All proceedings of the Commission . ·hall be private, unless, on

particular occasions, the Commis ion •hall othel\Vise determin& for special rea ons.

D. The Commission shall be required, if the German Government

so desire, to hear, within a peri-od which it will fix from time to time:, evidence and arguments on the part of Germany on any question connected with her capacity to ~ay.

10. The Commission shall consider the claims and give . to the

German Government a just opportunity to be heard, but not to take any part whatever in the decisions of the Commission. The Commission shall afford a similat· opoortunity to the allies of Germany, TI"hen it shall consider . that their inter~ ts are in 'question.

11. The Comrnis-ion sball not be boun<l lJy any particular code. or

rules of law or by any particular rule of e\iUenc or of procedure, but shall be guided by justice, equity and good faith. .Its decisions must follow the same p1inci11les and rules in all cases where they are applicable. It will e tablish rules relat•ing to methods of •proof of claim . It rna~~ act on any trustworthy modes of computation.

12. Delegates to the Comm.ission shall be nominated by the

United States of America, Great Britain, Fran-ce, Italy, Japan, Belgium and Serbia. Each of these Powers will appoint one The Commission shall have all the power conferred upon it, Delegate and also one Assistant Delegate, who will take his and shnll exercise all the function a· igned to it by the present place in case of illness &r necessary absence, but at other times Treaty. will only have the right to be present at proreedings without The Commission shall in gene1·a1 ha..ve wi-de L.'ltitude as to its taking any part therein. On no occasion shall the Delegates of control and handling of the whole -reparation problem. as dealt more than five of the nbo\e Powers have the right to take part with in this part of the present '.r'reaty and shill haYe authotity in the proceedings of the Commission and to record thei.r- votes. to interpret its provisions. Subject to the provisions of. the The Delegates of the United States, Great Britain, France and present Treaty, the Commission is constituted by the several Italy shall ha\e this right on all oc.casions. The Delegate of Allied and Associated Governments referred to in paragraph 2 B€lgium shall ha\e this right on all occasions other than those and 3 above as the exclusive agency of the said Go"V'ernments referred to below. The Delegate of Japan shall have this right respectively for recei-ving, sclling, holding, and distributing on occasions when ·questions relating to dumn.ge at sea, and the reparation payments to be made by Germa.ny under this questions arising undeT Article 260 of Part IX (Financial Part of the present Treaty. ·The Commi.s ion must comply with Clauses) in which Japanese intel'ests are concerned, are under the folJowing conditions and provisions:-consideration. The Delegate of the .Serb Croat and Slovene (a) Whatever part of the full amount of the proved claims is State shall ha\e this right when questi:ons relating to Austria, not paid in. gold, or in ships, securities, and commodities or Hun·gary or Bulgaria are 'lmder consideration. . otherwise, Germany shall be required, under such conditions

Each Government represented on the Commission shall have as the Commission may_ determine, to cover by way of guarantee the right to withdraw therefrom upon twelve m0l1ths' nqtice by an equivalent issue. of .bonds, obligations ox othervri e, in filecl with the Commi sion and confirmed in the course of the I order to constitute an acknowledgment of the said part Qf the sixth month after the date of the original notiee. debt;

1919. CONGRESSIONAL RECORD-SENATE. 829 (b) In periodically e timating Germany's capacity to pay,

the Commission shall examine the German system of taxation, first to the end that the sums for reparation which Germany is required to pay shall l>ecome a charge upon all her revenues prior tQ that for the service or discharge of any domestic loan, and econdly, so as to satisfy itself that, in general, the German scheme of taxation is fully as heavy proportionately as that of any of the Powers repre ented on the Commission.

(c) In order to facilitnte and continue the immediate restoration of the economic life of the Allieu and Associated countries, the Collllllission will as provided in Article 235 take from Germany by way of security for and acknowledgment of her debt a first instalment of golu bearer bonds free of all taxes or charges o£ every description established or to be established by the Government of the German E.nlpire or of the German States, or by any authority subject to them ; these bonds will be delivered on account and in three portions, the marks- gold being payable in conformity with Article 262 of Part IX (Financial Clauses) of the present Treaty as follows:

l. To be issued forthwith 20,000,000,000 Marks gold bearer bonds, payable not later than the 1st 1\Iay, 1921, without interest. There shall be specially applied towai"ds the amortisation of these bonds the payments which Germany is pledged .to make in conformity \Yith Article 23J, after deduction of the sums used for the reimbursement of expenses of the armies of occupation and for payment of foodstuffs and raw materials. Such bonds as have not been redeemeu by the 1st 1.\Iay, 1921, shall then be exchanged for new bonus of the same type as those provided for below (Paragraph 12, c, 2) .

2. To be issued fortlny"ith, further 40,000,000,000 Marks gold bearer bonds, bearing interest at 21 per cent. per annum between 1021 and Hl26, and thereafter at 5 per cent. per annum :with an additional 1 per cent. for amortisation beginning in 1926 on the whole amount of the issue.

3. To be delivered forthwith a covering unuertaking in writing to i sue when, but not until, the Oommis: ·ion is satisfied that Germany can meet such interest ami sinking fund obligations, a further instalment of 40,000,000,000 Marks gold 5 per cent. bearer bonds, the time and mode of payment of principle and interest to be determined by the Commission.

The dates for payment of interest, the manner of applying the amortisation fund, auu all other questions rein ting to the issue, management, :mel regulation of the bond issue shall be determined by the Comu:ission from time to time.

Further issues by way of acknowledgment and security may be required as the Commission subsequently determines from time to time. · (d) In the event of bonds, obligations, or other e\idence of

indebtedness issued by Germany by way of security for or acknowledgment of her reparation debt being disposetl of outright, not by way of pledge, to persons other than the several Governments in whose favour Germany's original reparation indebtedness was created, an amount of such reparation indebtedness shall be deemed to be extinguished corresponding to the nominal Yalue of the bonds, etc., so disposed of outright, and the obligation of Germany in res11ect of such bonds, shall be confined to her liabilities to the holders of the bonds, as expressed upon their face.

(e) The damage for repairing, reconstructing and rebuilding property in the invaded and devastated districts, including reinstallation of furniture, machinery and other equipment, will be calculated according to the cost at the dates when the work is <lone.

(f) Decisions of the Commission relating to the total or partial cancellation of the capital or interest of any verified debt of Germany must be accompanied by a statement of its reasons.

13. As to voting, the Commjssion will observe the following ruies: When a decision of the Commission is taken, the votes of all

the Delegates entitled to \Ote, or in the absence of any of them) of their Assistant Delegates, shall be recorded. Abstention from voting is to be treated as a vote against the proposal under discussion. Assessors have no vote.

On the following questions unanimity is necessary: (a) . Questions involving the sovereignty of any of the Allied

and Associated Powers, or the cancellation of the whole or any part of the debt or ' obligations of Germany.

(d) Any postponement, total or partial, of any instalment falling due after 1926 for a period exceeding three years.

(e) Questions of applying in any particular case a me thou of measuring damages different from that which has been previously applied in a similar case.

(f) Questions of the interpretation of the provisions of this Part of the present Treaty.

All other qu~tions shall be decided by the vote of a majority. In case of any difference of opinion among the Delegates,

which cannot be solved by reference to their Governments, upon the question whether a given case is one which requires a unanimous vote for its decision or not, such difference shall be referred to the immediate arbitration of some impartial person to be agreed upon by the Governments, whose award the Allied and Associated Go\ernments agree to accept.

14. Decisions of the Gommis ion, in acco1·dance with. the powers

conferred upon it, shall forthwith become binding and may be put in to immediate execution without further proceedings.

15. The Commission will issue to each of the interesteu Powers,

in such form as the. Commission shall fix :-L A certificate stating that it holds for the account of the

said Power bonds of the issues mentioned above, the said certificate, on the demand of the Power concerned, being divisible in a number of parts not exceeding five;

2. From time to time certificates stating the goods delivered by Germany on account of her reparation debt which it holds for the account of tl1e said Power.

The said certificates shall be registereu, and upon notice to the Commission, may be tr"ansferred by endorsement.

When bonds are is ued for sale or negotiation, and when goods are deliYere<l by the Commis ion, certificates to an equiYalent \alue must be withclrawn.

16. Interelt shall b<' debited to Germany as from 1st l\Iay, 1921,

in re pect hereto ns determined by the Commission, after allowing for ·urn already covered by cash payments or their equi\alent, by bond. issued to the Commis ion, or under A.rticle 243. The rate of interest shall be 5 per cent, unless the Commission shall determine at some future time that circumst:mces justify a variation of this rate.

The Commis ion, in fi:~ing on 1st May, 1921, the total amount of the debt of Germany, may take account of interest due on suru arising out of the repru·ation of material damage as from 11th Nowmber, 191 , up to 1st l\Iay, 1921.

17.

In ca ·e of uefault by Germany in the performance of any obli,.ation under tlli · Part of the present Treaty, the Commission will forthwith gi\e notice of such default to each of the interested Powers and may make such recommendations as to the action to be taken in consequence of such default as it may think necessary.

18.

The measures which the Alliea and As ociated Po,Yers shall have the right to take, in case of voluntary default by Germany, and which Germany agrees not to regard as acts of war, may include economic and financial prohibitions and reprisals and in general such other measures as the respective Go\ernments may determine to be necessary in the circumstances.

19. Payments requireu to be ma~e in gold or its equivalent on

account of the proved claims of the Allied and Associated Powers may at any time be accepted by -the Commission in the form of chattels, properties, commodities, businesses, rights, concessions, within or without German territory, ships, bonds, shares, or securities of any kind, or cun-encies of Germany or other States, the value of sucl1 substitutes for gold being fixed at a fair and just amount by the Commission itself.

20. The Commis ion, in fixing or accepting payment in specified

properties or rights, shall have due regard for any legal or equitable interests of the Allied and Associated Powers or of neutral Powers or of thej r nationals therein.

21.

(b) Questions of determining the amount and conditions of bonds or other obligations to be issued by the German Government and of fi.x.ing the time and manner for selling, negotiating or distributing such bonds. I No member _of the Commission shaH be responsible, except to

(c) Any postponement, total or partial, beyond the end of the Government appointing him, for any action or omission as 1930; of the payment of instalments falling due between the 1st such member. No one of the Allied or As ociated Governments May, 1921, and the end of 1926 inclusive. assumes any responsibility in respect of any other Government.

830 CONGRESSIONAL "RECORD- SENATE. JUKB 9,

22. Subject to the proVIsiOns of the present Treaty this Annex

may he amend d by the unanimous decision of the Governments re.presented from time to time upon the Commission.

23. When all the amounts due from Germany and her allies under

the present ~rreaty or the decisions of the Comiili£sion have been di charged and all sums received, or their equivalents, shall have been distributed to the Powers interested, the Commission shall be dissolved.

ANNEX III.

1. Germany recognises the right of the Allied and Associated

Powers to the replacement, ton for ton (gross tonnage) and class for ·class, of all merchant ships and fishing boats lost or damaged owing to the war.

Neyertheless, and in spite of the fact that the tonnage of German shipping at present in existence is much less than that lost by the Allied and As ocia ted Powers in consequence of the German aggression, the right thus recognised will be enforced on

· German ships and boats under the following conditions : The German Government on behalf of themselves and so as

to bind all other persons interested, cede ' to the Allied and As ociated Governments the property in all the German merchant ships which are of 1,600 tons gross and upwards; in onehalf, reckoned in tonnage, of the ships which are between 1,000 tons and 1,600 tons gross; in one-quarter, reckoned in tonnage, of the steam trawlers; and in one-quarter, reckoned in tonnage, of llie other fishing boats.

2. The German Government will, within two months of the com

ing into force of the present Treaty, deliver to the Reparation Commission all the ships and boats mentioned in Paragraph I .

3. The ships and boats mentioned in Paragraph I include all

ships and boats which (a) fly, or may be entitled to fly, the German merchant flag ; or (b) are owned by any German national, company or corporation or by any company or corporation belonging to a country other than an Allied or Associated country and under the control or direction of German na- · tionals; or (c) which are now under construction (1) in Germany, (2) in other than Allied or Associated countries for the account of any German national, company, or corporation.

4. For the purpose of providing documents of title for the ships

and boats to be handed over as above mentioned, the- German Government will:

(a) Deliver to the Reparation Commission in respect of each -vessel a bill of sale or other document of title evidencing the transfer to the Commission of the entire property in the vessel, free from all encumbrances, charges and liens of all kinds, as the Commission may require;

(b) Take all measures that may be indicated by the Reparation Commission for ensuring that the ships themselves shall be placed at its disposal. ·

5. As an additional part of reparation, Germany agrees to cause

merchant ships to be built in German yard_s for the account of the Allied and Associated Governments as follows:

(a) Within three months of the coming into force of the present Treaty, the Reparation Commission will notify to the German Government the amount of tonnage to be _laid down in German shipyards in each of the two years next succeeding the three months mentioned above ;

(b) Within twenty-four months of the coming into force of the present Treaty, the Reparation Commission will notify to the German Government the amount of tonnage to be laid down in each of the three years following the two years mentioned abo-ve;

(c) The amount of tonnage to be laid down in each year shall not ex:eeed 200,000 tons, gro s tonnage ;

(d) The specifications of the ships to be built, the conditions under which they are to be built and delivered, the price per ton at 'vhich they are to be accounted for by the Reparation Commission, and all other questions relating to the accounting, ordering, building and delivery of llie ships, shall be determined by the Commis ion. '

6. Germany undertakes to restore in kind and in normal condi

tion of upkeep to the Allied and Associated Powers, within two months of the coming into force of the present Treaty, in accordance with procedure to be laid down by the Reparation Commis-

sion, any boats and other movable appliances belonging to inland navigation which since the 1st August, 1914, have by any means whatever come into her possession or into the possession of her nationals, and which can be identified.

With a view to make good the loss in inland navigation tonnage, from whatever ·cause arising, which has been incurre<.l during the war by the Allied and Associated Powers, and which cannot be made good by means of the restitution prescribed above, Germany agrees to cede to the Reparation Commission a portion of the German river fleet up to the amount of the loss mentioned above, provided that such cession shall not exceed 20 per cent. of the river fleet as it existed on the 11th November, 1918.

The conditions . of this cession shall be settled by the Arbitrators referred to in Article 339 of Part XII (Ports, Waterways and Railways) of the present Treaty, who are charged with the settlement -of difficulties relating to the apportionment of river ' tonnage resulting from the new international r~gime applicable to certain river systems or from the territorial changes affecting those systems.

7. . . Germany agrees to take any measures that may be indicated

tll her by the Reparation Commission for obtaining the full title to the property in all ships which have during the war been transferred, or are in process of transfer, to neutral flags, without the consent of the Allied and Associated Governments •.

8. Germany waives all claims of any description against the

Allied and Associated Governments and their nationals in re· spect of the detention, employment, · loss or da~age of any; German ships or boats, exception being made of payments due in respect of the employment of ships in conformity with the Armistice Agreement of the 13th January, 1919, and subsequent Agreements. 1

The handing over of the ships of the German mercantile rna. rine must be continued without interruption in accordance with the said agreement. ·

9.

Germany waives all claims to Yessels or cargoes sunk by or in consequence of n~val action and subsequently salved, in which any of the Allied or Associated Governments or their nationals may have any interest either as owners, charterers, insurers or otherwise, notwithstanding any decree of condemnation which may have been made by a Prize Court of Germany or of her Allies.

ANNEX IV.

1. The: Allied and Associated Powers require, and Germany un

dertakes, that in part satisfaction of her obligations expressed in this Part of the present Treaty she will, as hereinafter provided, devote her economic resources directly to the physical restoration of the invaded areas of the Allied and A sociated Powers, to the extent that these Powers may determine.

2.

The Allied and Associated Governments may file with the Reparation Commission lists showing:

(a) Animals, machinery, equipment, tools and like articles of a commercial character, which have been seized, consumed or destroyed by Germany or destroyed in direct consequence of military operations, and which such Governments, for the purpose of meeting immediate and urgent needs, desire to have replaced by animals and articles of the same nature which are in being in German territory at the date of the coming into force of the present Treaty;

(b) Reconstruction materials (stones, .bricks, refractory bricks, tiles, wood, window-glass, steel, lime, cement, etc.), machinery, heating apparatus, furniture, and like articles of a commercial character which the said Governments de ire to have produced and manufactured in Germany and deli-rcred to them to permit of the restoration of the in-vaded areas.

3. The lists relating to the Articles mentioned in 2 (a) above

shall be filed within sixty days after the date of the coming into force of the present Treaty. The lists relating to the articles in 2 (b) above shall be filed on or before the 31st December, 1919. The lists shall contain all such details as are customary in commercial contracts dealing with the subject niatter, including specifications, dates of delivery (but not extending over more than four years)", and places of delivery, but not J>rice or value, which shall be fixed as hereinafter provided by the Commission.

. 1919. CONG-RESSIONAL RECORD-SENATE. 831

4.

Imme<liately upon the tiling of such lists with the Commission. the Commission shall consider the amount and number of the materials and animals mentioned in the lists provided for above which are to be required of Germany. In reaching a decision on this matter the Commission shall take into account such domestic requirements of Germany as it deems essential for the maintenance of Germany's social and economic life, the prices and dates at which similar articles can be obtained in the Allied and Associated countries as compared with those to be fixed for German articles, and the general interest of the · Allied and :Associated Governments that the industrial life of Germany be not so disorganised as to affect adversely the · ability of Germany to perform the other acts of reparation stipulated for. Machinery, equipment, tools and like articles of a commercial character in actual industrial use are not, however, to be demanded of Germany unless there is no free stock of such articles respecti\ely which is not in use and is available, and then not in excess of thirty per cent, of the quantity of such articles in use in any one establishment or undertaking,

The Commission shall give representatives of the German Government an op11ortunity and a time to be heard as to their capacity to furnish the said materials, articles and animals. The decision of the Commission shall thereupon and at the earliest possible moment be communicated to the German Gov-

. ernment and to the several interested Allied and Associated Governments. The German Government undertakes to deliver the materials, articles and animals as specified in the said communication, and the interested Allied and Associated Govern-

. ments severally agree to accept the same, provided they conform to the specification given, or are not, in the judgment of the Commission, ugfit to be 1.1tilized in the work of reparation.

5.

The Commission shall determine the value to be attributed to the materials, articles and animals to be deli\ered in accordance vdth the foregoing, and the Allied or Associated Power recei¥ing the same ag1·ees to be charged with such value, and the amount thereof shall be treated as a payment by Germany to be divided in accordance with Article 237 of this Part of the present Treaty. ·

In cases where the right to require physical restoration as abo¥e provided is exercised, the Commission shall ensure that the amount to be credited against the reparation obligation of Germany sha.ll be the fair value of work done or materials sup~ plied by Germany, and that the claim made by the interested Power in respect of the damage so repaired by physical restoration shall be discharged to the extent of the proportion which the damage thus repaired bears to the whole of the damage thus claimed for.

6.

A. an immediate advance on accQunt of the animals referred to in paragraph 2 (a r above, Germany undertakes to deliver in equal monthly instalments in the three months following the eoming into force of the present Treaty, the following quantities of liv~ stock:

1. To the F1·ench Go1:et'nntent. 500 stallions ( 3 to 7 years).

30,000 fillies and mares (18 months to 7 years) Type: Ardennais, Boulonnais or Belgian.

2, 000 bulls (18 months to 3 years). 90, 000 milch cows (2 to 6 years).

1,000 rams. 100, 000 sheep. 10, 000 goats.

2. To the Belgian Government.

200 stallions { 3 to 7 years) , large ~elgian type. l3, 000 mares ( 3 to 7 years), large Belgian type. 5,000 fillies (18 months to 3 years), large Belgian type. 2, 000 bulls ( 18 months to 3 years).

50, 000 milch cows ( 2 to 6 years). 40, 000 heifers.

200 rams. 20, 000 sheep. 15,000 sows. The animals delivered shall be of average health and condi

tion. To the extent that animals so delivered cannot be identified as

animals taken away or seized, the value of such animals shall be credited against the reparation obligations of Germany in accordance with Paragraph 5 of this Annex. ·

7. Without waiting for the decisions of the Commission referred

to in paragraph 4 of this Annex to be taken, Germany must continue the delivery to France of the agricultural material referred to in Article III of the Renewal of the Armistice of

·16th January 1919. ANNEX V.

1. Germany accords the following options for the delivery of coal

and derivatives of coal to the undermentioned signatories of the present Treaty, ~

I 2. Germany undertakes to deliver to France seven million tons

of coal per year for ten years. In addition, Germany undertakes to deliver to France annually for a period not exceeding ten years an amount of coal equal to the difference between the annual production before the war of the coal mines of the Nord and Pas de Calais, destroyed as a result of the war, and the production of the mines of the same area during tile years in question: such delivery not to exceed twenty million tons in any one year of the first five years, and eight million tons in any one year of the succeeding five years.

It is understood that due diligence Will be exeTcised in the restoration of the destroyed mines in the Nord and the Pas de Calais .

3. Germany undertakes to deliver to Belgium eight _million tons

of coal annually for ten years. ·

4. Germany undertakes to deliver to Italy up to the following

quantities of coal : July 1919 to June 1920 ________ .'_______ 41 million tons. - 1920 1921 _____________ , 6 - 1921 1922_______________ 7~

- 1922 1923_______________ 8 - 1923 - 1924------------·} 8! and each of the following :five years __ _

At ~east two-thirds of the actual deliveries to be land-borne.

5 .• Germany further undertakes to deliver annually to Lu:s:em·

bur-g, if directed by the Reparation Commission, a quantity of coal equal to the pre-war annual consumption of German coal in IJux:emburg. ·

6. The prices to be paid for coal delivered under these options

shall be as follows : (a) For overland delivery, including delivery by barge, the

German pithead price to German nationals, plus the freight to French, Belgian, Italian or Luxemburg frontiers, provided that the pithead price does not exceed the pithead priee of British coal for export.

In the case of Belgian bunker coal, the price shall not exceed the Dutch bunker price.

Railroad and barge tariffs shall not be higher than the lowest similar rates paid in Germany.

(b) For sea delivery, the German export price f. o. b. the German ports, or the Eritish export price f. o. b. British ports, whichever may be lowe:t;,

7. The Allied and Associated Governments interested may de

mand the delivery, in place of coal, of metallurgical coke in the proportion of 3 tons of coke to 4 tons of coal.

8. Germany undertakes to deliver . to France, and to transport

to the French frontier by rail or by water the following products, during each of the three years following the coming into force of this Treaty : .

Benzol ---------------------------- 35, 000 tons. Coal tar ___________________ ..: ________ 50, OOD tons. Sulphate of ammonia --------------- 30, 000 tons.

All or part of the coal tar · may, at the option of the French Government, be replaced by corresponding quantities of products of distillation, such as light oils, heavy oils, anthracene, naphthaline, or pitch. ·

9. The price paid for coke and for the articles referred to in the

preceding . paragraph shall be the same as the price p::tid by German nationals under the same conditions of shipment to

832 CONGRESSION .AL RECORD- -SEN ATE. ...

the French frontier or to the German ports, and shall be subject to any advantages which may be accorded similar products furnished to German nationals.

10. The foregoing options shall be exercised through the inter

\ention of the Reparation Commission, which, subject to the specific provisions hereof, shall have power to determine all questions relative to procedure and the qualities and quantities of products, the quantity of coke which may be substituted for coal, and the times and modes of delivery and payment. In giving notice to the German Government of the foregoing options the Commis ion shall give at le~t 120 days' notice of deliveries to be made after the 1st January, 1920, and at least 30 days' notice of deliveries to be made between the coming into force of this Treaty and the 1st January, 1920. Until Germany has received the demands referred to in this paragraph, the provision of the Protocol of 25th December, 1918 (Execution of Article VI of the Armistice of 11th November, 1918) remain in force. The notice to be given to the German Government of the exercise of the right of substitution accorded by paragraphs 7 and 8 shall be such as the Reparation Commission may consider sufficient. If the Commission shall determine that the full exercise of the foregoing options would interfere unduly with the industrial requirements of Germany, the Commission is authorised to postpone or to cancel deliveries; and in so doing to settle all questions of priority; but the coal to replace coal from destroyed mines shall receive priority over other deliveries.

ANNEX VI.

1. Germany accords to the Reparation Commission an option to

require as part of reparation the delivery by Germany of such quantities and kinds of dyestuffs and chemical drugs as the Commission may designate, not exceeding 50 per cent. of the total stock of each and every kind of dyestuff and chemical drug in Germany or under German control at the . date of the coming into force of the present Treaty. ·

This option shall be exercised within sixty daY.S of the receipt by the Commission of such particulars as to stocks as may be considered necessary by the Commission.

2~ Germany further accords to the Reparation Commission an

option to require delivery during the period from the date of the coming into force of the present Treaty until the 1st January, 1920, and during each period of six months thereafter until the 1st January, 192~, of any specified kind of dyestuff and chemical drug up to. an amount not exceeding 25 per cent. of the German· production of such dyestuffs and chemical drugs during the previous six months period. If in any case the production during such previous six months was, in the opinion of the Commission, less than normal, the amount required may be 25 per cent. of the normal production.

Such option shall be exercised within four weeks after the receipt of such particulars as to production and in such form as may be considered necessary by the Commission: these particulars shall be furnished by the German Government immediately after the expiration of each six-months period.

3. For dyestuffs and chemical drugs delivered under paragraph

1 the price shall be fixed by the Commission having regard to p~·e-war net export prices and to subsequent increases ~f cost.

For dyestuffs and chemical drugs delivered under paragraph 2 the price shall be fixed by the Commission having regard to pre-war net export prices and subsequent variations of cost or the lowest net selling price of similar dyestuffs and chemical drugs to any other purchaser.

4. All details, including mode and times of exercising the op

tions and making delivery, and all other questions arising unde~ this arrangement shall be determined by the Reparation Commission; the German Government ·will furnish to the Commission all necessary information and other assistance which it may requir_e.

5. The above expression " dyestuffs and chemical drugs " in

cludes all synthetic dyes and drugs and intermediate or other products used in connection with dyeing, so far as they are manufactured "for sale. The present arrangement shall also apply to cinchona bar-k and salts of quinine.

,ANNEX VII.

Germany renounces on her own behalf and on behalf . of her nationals in favour of the Principal Allied and Associated Powers all rights, titles or privileges of whateYer nature in the submarine cables set out below, or in any portions thereof:

Emden-Vigo: from the Straits of Dover to off Vigo; Emden-BreSt: from off Cherbourg to Bre t; Emden-Teneriffe: from off Dunkirk to off Teneriffe ; Emden-Azores (1) :from the Straits of Dover to Fayal; Emden-Azores (2) :from the Straits of DoYer to Fayal; Azores-New-York (1) :from Fayal to New-York; Azores-New-York (2) :from Fayal to the longitude of

Halifax; Teneriffe-Monrovia: from off Tt;neriffe to off Monrovia; Monrovia-Lome·: ·

{lat : 2° 30' N.; .

from about_ ______ lou"g. : 7° 40' W. of Greenwich;

{lat : 2° 20' N.;

to about_ ________ lo~. :5° 30' W. of Greenwich;

{lat : 3° 48' N.;

and from about_ __ long. : 0o 00,,

to Lome; .Lome-Duala : from Lome to Dual a ; Monrovia-Pernambuco: from off Monrovia to off Pernam

buco; Constantinople-Constanza: from Constantinople to Con

~tanza; Yap-Shanghai, Yap-Guam, an<l Yap-l\1enado (Celebes) : .

from Yap Island to Shanghai, from Yap Island to Guam Island, and from Yap Island to Menado.

The value of the above-mentioned cables or portions thereof in so far a they are privately owned, calculated on the basis of the original cost less a suitable allowance for depreciation, shall be credited to Germany in the reparation account.

Section II. Special provisions. ARTICLE 245.

·within six months after the corning into force of the present Treaty the German Government must restore to the French Go-vernment the trophies, archives, historical souvenirs or works of art carried away from France by the German authorities in the course of the war of 1870-1871 and during this last war in accordance with a list which will be communicated to it by the French Government ; particularly the French flags taken in the course of the- war of 187G-1871 and all the political papers taken by the German authorities on October 10, 1870, at the chateau of Cercay, near Brunoy (Seine-et-Oise) belonging at the ·ume to l\1r. Rouher, formerly J\linister of State.

ARTICLE 246.

Within six months from the coming into force of the present Treaty, Germany will restore to His Majesty the King of the Hedjaz the original Koran Of the Caliph -Othman, which was removed from Medina by the Turkish authorities and is stated to have been presented to the ex-Emperor 'Villiam II.

Within the same period Germany will hand over to His Britannic Majesty's Government the skull of the Sultan Mkwawa which was removed from the Protectorate of German East Africa and taken to Germany.

The delivery of the articles above referred to will be effected in such place and in such conditions as may be laid down by the Governments to which they are to be restored.

ARTICLE 247. Germany undertakes to furnish to the University of Louvain,

within three months after a request made by it and transmitted through the intervention of the Reparation Commission, manuscripts, incunabula, printed books, maps, and objects of collection corresponding in number and value to those destroyed in the burning by Germany of the Library of Louvain. All details regarding such replacement will be determined by the Repara-tion Commission. ·

7. Germany undertakes to deliver to Belgium, through the Reparation Commission, w·ithin six months of the coming into force of the present Treaty, in order to enable Belgium to reconstitute her two great artistic works :

(a) The leaves of the triptych of the Mystic Lamb painted by the Van Eyck brothers, formerly in the Church of St. Bavon at Ghent, now in the Berlin Museum.

(b) The leaves of the triptych of the Last Supper, painted by Dierick Bouts, formerly in the Church of St. Peter at . Louvain, two of which are now in the Berlin Museum and two in the former Pinakothek at Munich.

1919.· OONffRESSIONAL -REOORJD-.- SENA.'llE.~ 833 PART IX. -

Ii'IN ANCI.AL. CL.A USES. ARTICLE 248.

'rhc first. charge upon all the assets and revenues of the Ger-· man Em11ire and its constituent States shall be· 'the cost of repaJ:.ation and all other costs arising. under the present Treaty or any treaties or agreements supplementary thereto or under arrangements concluded between Germany and the Allied and Associated ·rowers during the Armistice or its extensions.

Up to the May 1st, 1921, the German Government shall not export or dispose of, and shall forbid the export or disposal of, gold without the previous approval of the Allied and Associated Powers acting through the Reparation Commission.

• 1

• • • AJ:iTICLE 249.

There shall be paid by the German Government the total cost of all armies of the Allied and Associated Governments in occupied German territory from the date of the signature of the Armistice of the 11th November, 1918, including the keep of men and beasts, lodging and billeting, pay and allowances, salaries and wages, bedding, heating, lighting, clothing, equipment, harness and saddlery, armament and rolling-stock, air services, treatment of sick and wounded, veterinary and remount services, transport service of all sorts (such as by rail, sea or river, motor lorries), communications and correspondence, and. in general the cost of all administrative or technical services the working of which is necessary for the training of troops and for keeping their numbers up to strength and preserving their military efficiency.

The cost of such liabilities under the above heads so far ns they relate to- purchases or requisitions by the Allied and Associated Governments in the occupied territories shall be paid by the German Government to the Allied and Associated Governments in marks at the current or agreed rate of exchange. All

· other of the nbove costs shall be paid in gold marks. ARTICLE 250.

Germany confirms the surrender of all material handed over to the Allied and Associated Powers in accordance with the Armistice Agreement of the 11th November, 1918, and subsequent Armistice Agreements, and recognises the title of the Allied and Associated Powers to such material.

There shall be credited to the German Government, against the sums due from it to the Allied and Associated Powers for reparation, the value, as assessed by the Reparation Commission, referred to in Article 233 of Part VIII (Reparation) of the present Treaty, of the material handed o-ver in accordance with Article VII of the Armistice Agreement of the 11th NoYember, 1918, Article III of the Armistice Agreement of the 16th January, 1919, as well as of any other material banded over in accordance with the Armistice Agreement of the 11th November, 1918, and of subsequent Armistice Agreements, for which, as having non-military value, credit should in the judgment of the Reparation Commission be allowed to the German Government.

Property belonging to the Allied and Associated Governments or their nationals restored or surrendered under the Armistice .Agreements in specie shall not be credited to the German Government. ·

ARTICLE 251. .The priority of the charges established by Article 248 shall,

subject to th~ gualifications made below, be as follows:-(a) The cost of the armies of occupation as defined under

Article 249 during the Armistice and its extensions; (b) The cost of any armies of occupation as defined under

Article 249 after the coming into force of the present Treaty;

(c) The cost of reparation arising out of the present Treaty or any treaties or conventions supplementary thereto;

(d) The cost of all other obligations incumbent on Germany under the Armistice Conventions or under this Treaty or any treaties or conventions supplementary thereto.

The payment for such supplies of food and raw material for Germany and such other payments as may be judged by the Allied and Associated Power · to be essential to enable Germany to me~t her obligations in respect of reparation will have priority to the extent and upon the conditions which have been or may be determined by the Governments of the said Powers.

ARTICLE 252.

. , ARTICLE 253. N.ot~ing . in tll~ fqr~going provisions shall prejudice in any,.

manner charges or mortgages lawfully effected in favour of the Allied or As~oCiated Powers or their nationals, respectively, before tlie date at which a state of war existed between Germany and the Allied or Associated Power concerned, by the German Empire or its constituent States, or by German nationals, on assets in their ownership at that date.

ARTICLE 254. T)le Powers to which German territory -is ceded shall, sub

ject to the qualifications made in Article 255, undertake to pay:-

(i.) A portion of the debt of the German Empire as it stood on the ' 1st August, 1914, caleulated on the basis of the ratio between the average for the three financial years 1911, 1912, 1913, of such revenues of the ceded territory, and the average for ·the sanie years of such revenues of the whole German Empire as in the judgment of the Reparation Commission are best calculated to represent the relative ability of the respective territories to make payment;

( ii.) A portion of the debt as it stood on the 1st Aug\1St,· 1914, of the German State to which th'e. ceded territory belonged, to be determined in accordance with the principle stated above.

Such . portions shall be determined by the Reparation Commission.

The method of discharging the obligation, both in respect of capital and of interest, so assumed shall be fixed by the Reparation Commission. Such method may take the form, inter alia, of the assumption by the Power to which the territory is ceded of Germany's liability for the German debt held by her nationals. But in the event of the method adopted involving any payments to the German Government, such payments shall be transferred to the Reparation Commission on account of the sums due for reparation so long as any balance in respect of such sums remains unpaid.

ARTICLE 255. (1) As an exception to the above prov1s1on and inasmuch

as in 1871 Germany refused to undertake any portion of the burden of the French debt, France shall be, in respect of AlsaceLorraine, exempt from any payment under Article 254.

(2) In the case of Poland that portion of the debt which, in the opinion of the Reparation Commission, is attributable to the measures taken by the German and Prussian Governments for the German colonisation of Poland shall be excluded from the apportionment to be made under Article 254.

(3) In the case of all ceded territories other than AlsaceLorraine, that portion of the debt of the German Empire or German States which, in the opinion of the Reparation Commission represents expenditure- by the Governments of the German Empire or States upon the Government properties referred to in Article 256 shall be excluded from the apportionment to be made under Article 254:.

ARTICLE 256. Powers to which German territory is ceded shall acquire all

property and possessions situated therein belo:gging to the German Empire or to the German States, and the \alue. of such acquisitions shall be fixed by the Reparation -Commission, and paid by the State acquiring the territory to the Reparation Commission for the credit of the German Government on account of the sums due for Reparation.

For the purposes of this Article the property anu possessions of the German Empire and States shall be deemed to include all the property of the Crown, the Empire or the States, and the private property of the former German Emperor and other Royal personages.

In view of the terms on which Alsace-Lorraine was ceded to Germany in 1871, France shall be exempt in respect thereof from making any payment or credit under this Article for any property or possessions of the German Empire or States situated therein.

Belgium also shall be exempt from making any payment or any credit under this Article for any property or possessions of the German Empire or States situated in German territory ceded to Belgium under -the present Treaty.

ARTICLE 257. The right of each of the Allied and Associated Powers to dis- In the case of the former German territories, incluillng colo-

pose of enemy assets and property within its jurisdiction at nies, protectorates, or dependencies, administered by :t Mandathe date of the coming into force of the present Treaty is not tory under Article 22 of Part I (League of Nations) of the affected by the foregoing provisions. present Treaty, neither the territory nor the Mandatory Powe1·

LVIII--53

.834 CONGRESSIONAL RECORD-SENATE~ JUNE 9,

shall be charged with any portiolb of. the debt of the German Empire or States.

All property and possessions belonging to the German. Empire or to the German States situated in sach territories shall be transferrecl with tfie territories to the 1\fan_natory Power in its capacity as such and no p-ayment shall be made no' any credit given to those G~\ernments· in consideration of this transfer.

For the purpo es of thi Article the property and po sessions of the German Empire and of the German States shall. be deemed to include n:ll the property ot the Crown, the Empire or the States and the private property of the former German Em-· peror and other Royal personages.

ARTU:LE 258.

Germany renounces all rights accorded to her or her natiorutls by Treaties, Conventions o.r Agreements, of whatsoe\er kind, to representni:ion ~on er participatiolh in the control or admini tratiorr of conuni ions, state, banks, agencie or other financial or economic organisations of an international character, exercising powers of eantrol or aaministra.tion, and operating in any of the Allied: or. Associated: State&,_ or ip. Austria, Hungary, Bulgaria or Turkey, or in: the dependencies of these States, ot· in the f-ormer Russian Empire.

ARTICLE 259: (!) Germany agrees to deliver within one month from the

date of the coming into force or the present Treaty, to such authority as the Principal Aliied and Associated Powe1· may <lesigna te1 the urn in gold deposited .in the Reichsl>1Ulk in. tl1e name' o:t the Council of tlle Administration of the Ottoman Public. Debt as security for the fus.t issue of Turkish. Governme-nt cm:rency notes:

( 2) Gennany recognises. her obligation to mak-e annuall f'()-l' the period of· t\velve years the payments in geld for wlliclt provision i£ maqe. in the German Treasury Bonds depo itcd by her from time to time in the name of the Council af the Administration of tfie ttoman Pulllic Debt as security for the ecantl and· s-ubsequent issues of TP.rkish Government currency notes.

(3) Germany undertakes. to deliver, within one month from the coming into force of the present Treat:J.·, to ·such authority as the Principal .Allied an<L Associated Rower may desigaa te, the um deposited in goldl in the Reichsb'ank, representing the residu of. th advance in gold agreed t9- on the 5th o:f 1\fay., 11H51

by the Council af the AdministraUon of the Ottoman Public Debt:. to the Imperial Ottoman Gover:Q.ment.

( 4) Germaay agree to transfer to the· Principal Allied _and Asseciated Powers- any title that she' may ha:-.ve to the sum in goltl and silver transmitted by her to the Turkish 1\:linistry of I~~inance in November,.1918r in_ anticipation of the payment to be madt- in May, 1019,. for- the. se-rvice of the Turki h InternaL Loa.n.

(5) Germany undertake to transfer to the P~:fucipal Allied and A. ociated Powers, within a period of one month from the ·coming into force of the- present treaty, any sums in. gold transferred as pledge o:c as collateral security to the Germ:m Government or its nationalS in connection with loan made by -them to the Austro-Hungarian Government.

(6) Without prejudice to Article 292 of Part X (Economic Clause ) of. the present T.reaty, Germany confirms the renunciaUon provided for in Article XV of the Armistice Convention of the 11th NovemBer, 1918, of any benefit dlsclo ed by the Treaties of-Bucha.:cest and of Brest-Litovsk and by the Treaties supplementary thereto.

Germany undertakes to transfer~ either to Roumania or to tlle Principal Allied and Associated :Powers as the case may be, all monetary instruments, specie, securlties and negotiable instruments, or good~ which she has received under the afore aid Treaties.

( 7) The sums of money and all securities, inst:r:uments. and good of whatsoever nature, to be delivered, paid and' transfeiTe<l under the provisions of this article, shall be. disposed of by the Principal Allied and Associated Power in a manner hereafter to b determined by tho e Powers.

ARTICLE 260. Without prejudice to 'the renunciation of any rights by Ger

many on behalf of herself or · of her national~ in the other provisions of the present 'JJreaty, the Repm:ation- Commis ion may within one year from the coming into force of the pres nt Treaty demand that the German Government become po es ed of any rights and interests of the German nationals in any public utility undertaking or in any concession operating in Russia, China, Turkey Austria, Hung~l'y ':uld Bulg:itia, or in. the pos es ions or depemlencie of these Stute or in any tertitolT formerly belongin<>' to German~· or her allies, · to be ceded' by GCI'many or het· ullic to any ro,Yel· or to be .:idministered by

a Mandatory under the present Treaty, and may require that the German Government transfer, within ix montlls of the date of demand, all such rights and interest· and any similar rigllt~ and interests the German Government may it. ·elf po. es to the Reparation Commission.

Germany shall be respon ible for indemnifying her national so disposses ed~ and the B.epruation C<>lllllli ·ion hall credit Germany on account of sum.· (lue for reparation, with ucll

I s~ in reS{)eet of the value of the tran ferred rights and interests as may be a seJ d by the Reparation Commi · ion, and the German. Government shall, within ix month from the coming into force of the pre ·ent Treaty, communicate to the Repa1·ation Commission all sueh: rights and · intere ts, whether already granted, contingent or not yet exercised, an-d shall renounc on behalf of itself and its national in fa\otu· of the Allied ,and As ociated· Powers all sucfi right and' interests which ha\e not been so· communicated. ·

ARTICLE 2.61. Germany undertakes t.o transfer tD the Allied and A ociatetf

Power. any claims she may h.av to payment or repayment by the Governments of Austria-, Hunga.ry Buhmrra or Turkey, an{l, i.ru particular, any claims whicll· may ari. e-, now· or hereafter,

· ffom tim :fn1ti!mpJJt of und ·mk.ipg mad bl Germany dur.ing tlle- wax: to· those- Govecnment-~.

ARTICLE 262. An mon tary obligation due by Germany arisinO' out of the

pre ent Treaty and expressed in term of gold marks shall be payable at th option of the Cl'editors in pound stel'lling payable in Londoa; goldJ lTollars of th • United •rates of ~erica pay.-able in_ Kew York; gohl. fi:anc payable ill Paris~ on goidi lire payable in Rome.

For the pm.-po e or this Arti ·le the gold coins mentioned abov shall be defined as being of tll<' weight and: fineness ot· g~ld as enacted by I aw on the 1st January, 19H.

ARTICLE 263. Germany gin•s a gi:mrantee to th.e Brazilian Government that

-all . um repr enting the- eampulsory sale. of coffee belonging. to· the State of Sao Paolo in the po.r of. Hrunburg; Brem~ Antwerp and Trieste, w.hich were deposited with the Bank. of Bleichroder at Bertin, hall be reimbu-r ed together with interest at p peT e.ent. from the day of the <lepo it. Germnny, having pre'fented the transfer· of the sums in question to tne tate of Sao Paolo at the proper tim , gnarant s also that the reimbur ment shall be effected at the rate of exchange of the day 'Of the deposit.

PART X. ECONOMIC CLAUSE

Section, I. Com.mereiat 1·elations. Chapter I. Guatom;s. r~gula.tlon ) d.tuic , a:nd' rest1·ictio11s.

.AnTICLE 264. Germany undertakes that good the produce or manufacture of

any one of the Allied or Associated States imported into German ter:cttory, from whatsoever place arriving,. shall not be subjected to other o-r higher duties Oll charges (including internal charges) than those to which the like goods the produce or ma]lufacture of any other such State or of any other foreign country are subject.

Germany ·will not maintain or impo e any prohibition or restriction on the importation into GQrma.n. tenilory, of any goo<ls the Pl'oduce or manufacture- of tbe territories of any one of the Allied or ociated States, from whatsoever place arriving, whiclt shall not equally extend to- the- importation of the like goods the produce ou manufactuTe of any other s11ch State or ·of any other foreign country.

ARTICLE 265.

Ga·many further undertake that, in the matt r of the 1·egime ap_nlicable on importation, no discrimination against the commerce af any; of the Allied and Asspciatecl State as compared with any other of the said States or any other foreign country shall be- made, even by indirect means, such as cu toms regulations or procedtU'e, methods of verification or analysi , conditions of payment of dutief':. taxiff cla sift ation or interpretation, or the operation of monopolie .

AnTICI.E 26 . rn all that concerns exportation Germany undertakes that

goods, natural produr.:ts or manufactured articles, exported tJ.·om German territory to tile te-rtitorie of any one of the .Allied or ~ sociated Stute hall not IJ • ubje ted to other or rugher dntil'S of chargl'S (in(·lulling internal charges) t:h.ru1 those paid on the like goods exported to uny otllCr such tate or to any otller foreign couutry.

1919. CONGRESSIONAL RECORD-SEN.A-~TE. 835

Germany will not maintain or impose any prohibition or restriction on the exportation of any goods sent from her ter· ritory to any one of the Allied or Associated States which shnll not equally extend to the exportation of the like goods, natural products or manufactured articles, sent to any other such State or to any other foreign country.

AllTICLE 267. Every favom-, immunity, or privilege in regard to the im

portation, exportation or transit of goods granted by Germany to any · Allied or A sociated State or to any other foreign coun'try whnteyer ~ball simultaneously and uncopditionally, without request and 'vithout compensation, be extended to all the Allied an~ Ass9ciateq .. ~p1tE}'3. . '. · * •

, ARTICLE 268. T'he provisions of Articles 264 to 267 inclusive of this Chapt~r

and of Article 323 of Part XII (Ports, 'Vaterways and Rail-ways) of the present Treaty are subject to the following ex-ceptiOns: ·

(a) For a period of five years from the coming into force of the present Treaty, natural or manufactured products \Vhich hoth odginate in rind come from the territories of Alsace and Lorraine reunited to France shall, .on importation into German customs territory, be ·exempt from all customs duty.

The French Government shall 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 amount sent annually in the years 1911-1913.

Further, during the ver~d above mentioned the German GoYernment ·hall allow the free e:\.-port from Germany, and the free re-importation into Germany, exempt from all customs duties and other charges (including internal charges-), of yarns, tissue , and other textile materials or textile "prorlucts of any kind and in any condition, sent from Germany into the territorie of Alsace or Lorraine, to be subjected there to any finishing process, such as bleaching, dyeing, printing, mer-cerisation, gassing, twisting or dressing. .

(b) During a period of three years from the coming into force of the present Treaty natural or manufactured ,products which . both originate in and come from Polish territorie which before the war were part of Germany shall, on importation into German customs territory, be exempt from all customs duty.

The Polish Government shall fix each year, by dect:ee commuilicated 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.

(c) The Allied and Associated Powers resene the right to require Germany to accord freedom from customs duty, on importation into German customs territory, to natural products and manufactured articles which both originate in and come from the Grand Duchy of Luxemburg, for a period of· five years from the coming into force of the present Treaty. )

The nature and amount of the products which shall enjoy the benefits of this 1·egime shall be communicated each year to the German Government.

The amount of each product v,rhich may be thus sent annually into Germany shall not exceed the average of the amounts sent annually in t~e years 1911-1913.

ARTICLE 269. During the first six mo'nths after the coming into force of the

present Treaty, the duties imposed by Germany on imports froin Allied and Associated States shall not be higher than the most favourable duties which were applied to imports into Germany on the 31st July, 1914.

During a further period of thirty months after the expiration of the first six: months, this provision shall continue to be applied exclusively with regard to products which, being comprised in Section A of the First Category of the German Customs Tariff of the 25th December, 1902, enjoyed at the above-mentioned date (31st July, 1914) rates conventionalised by treaties with the Allied and Associated Powers, with the addition of all kinds of wine and vegetable oils, of artificial silk and of washed or scoured wool, whether or not they were the subject of special Conventions b~fore the 31st July, 1914.

ARTICLE 270. '.rhe Allied and Associated Powers reserve the right to apply to ·

German territory occupied by their troops a special customs regime as regards imports and exports, in the event of such n measure being necessary in their opinion in order to safeguard the economic interests of the population of these territories.

Ol~apter II. Bltippin(J.

ARTICLE 271. As regards sea fishing, maritime coasting trade, and marit~me

towage, vessels of the Allied and Associated Powers shall enJOY, in German territorial waters, tile treatment accorded to vessels of the most favoured nation.

ARTICLE 272. Ge1·i:nany agrees that, _notwithstanding any stipulation to the

contrary contained in the Conventions relating to the North Sea Fisheries and Liquor Traffic, all rights of inspection and police shall, in the case of fishing-boats of the Allied Powers, be e~er-ctsed solely by ships belonging to those Powers. ·

ARTICLE 273.

In the case of· vessels of.. the Allied or Associated Powers, all classes of certificates or documents relating to the vessel, which · were recognised as valid by Germany before the war, or which may hereafter be recognised as valid by the principal maritime States, shall be recognised by Germany as valid and as equiva-: lent to the corresponding certificates issued to German vessels.

.A similar recognition shall be accorded to the certificates and documents issued to their vessels by the .Governments of new States, whether they have a sea-coast or not, provided that such certificates and documents shall be issued in conformity with the general practice observed in the principal maritime States.

The High Contracting Parties agree to recognise the flag flown by the vessels of an Allied or Associated Power ha-ving no seR-CORst which are registered at some one specified place situated in its territory; such place shall serve as the port of registry of such Yessels.

Chapter III. U11tah· co1npetition.

.ABTICLE 27 4. Germany undertakes to adopt all the necessary legislative and

administrative measures to protect goods the produce or mannfacture of any one of the Allied and Associated Powers from all forms of unfair competition in commercial transactions.

Germany undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in its territory of all goods bearin~ upon themselves or their usual get-up or wrappings any marks, names, devices, or descriptions whnt-· soever which are calculated to convey directly or indirectly a false indication of the origin, type, nature, or special characteristics of such goods.

ARTICLE 275. Germany undertakes on condition that reciprocity is accorded

in these matters to respect any law, or any administratiYe or judicial decision given in conformity with such law, in force in any Allied or Associated State and duly communicated to her by the proper authorities, defining or regulating the right to any regional appellation in respect of wine or spirits produced in the State to which the region belongs or the conditions under which the use of any such appellation may be permitted; and the importation, eiportation, manufacture, distribution, sale or offering for sale of products or articles bearing regional appellations inconsistent with such law or order shall be prohib-ited by the German Government and repressed by the measures prescribed in the preceding article. C1wpter IV. Treatment oJ nation-als of allied and associated po1cers.

ARTICLE 276.

Germany undertakes :-(a) not to subject the nationals of the Allied and Associated

Powers to any prohibition in regard to the exercise of occupations, professions, trade and industry, which shall not be equally applicable to all aliens without exception ;

(b) not to subject the nationals of the Allied and Associated Powers in regard to the rights referred to in paragraph (a) to any regulation or restriction which might contravene directly or indirectly the stipulations of the said paragraph, or which shall be other or more disadvantageous than those which are applicable to nationals of the most favoured nation;

(c) not to subject the nationals of the Allied and Associated Powers, their property, rights or interests, including Companies and Associations in which they are interested, to any charge, tax or impost, direct or indirect, other or higher than those which are or may be imposed on her own nationals or their property, rights or interests;

(d) not to . subject the .nationals -of any one of the Allied and Associated Powers to any restriction which was not applicable on the 1st .July, 1914, to the nationals of such Powers unless such restri<:tion is likewise imposed on her own nationals.

836 C:ONG-RESSIONAL RECORD-SEN~ TE. JuNE "9,

ARTICLE 271. . 15. Convention of the 26th ·s eptemlJer, 100G,-for the suppr S··

The na tionals of the Allied and Associated Powers shall enjoy . sion of -nigh~ork f~r women. _ . in German territory a constant J)rotection for their perBons . .~6. Conventum of the_-26Th. Septe~lJe.r,. 1906, for t he sup?I'l'".Sand for their .property riO'hts and 'interests -a.nd £ball have swn _of -the use of white l)tO phorus m the manufacture of . - • o ' matches ·· free access to tile courts of law. 17 C · t· f th "1 8 ... ,_ l\1 1904 ;:t tl -4th l\f 1910 · · · '"' . onven IOns o · e . .L Y.l ay, , nnu· 1e ay, ,

ARTICLE. 218. . . . . regarding the suppression ill the White Slave Traffic. Germany undertakes to recogruse any new nat10na~ty which 18. Convention of the 4th May1 1910, regarding the supp~s-

has been or may be acquired by her nationals under the laws .sion -of obscen~ publications. - . of tile Allied and Associated Powers, and in accordance with 19. Sanitary Conventions-()£ Pads and 'Venice of the 3rd April, the <lecisions of -th~ c'?mpetent authorities of the~e P-a~rs 1894, 19th March, 1897, .and 3I'd .pece~ber, 1903. pursuant to nntnralisation laws Ol' under ·treaty stipulations1 20. -Convention of the .20th May, 1875, -regarding the unifi.ca-and t o regard such persons as having, in consequence of the tion and improvement ·of tlie metric .system .. · . , · acquisition of such new nation'ality, in all respects severed their 21. Convention of the 29th Novembei·~ 1906, regarding the allegia nce to their country of origin. unification of pharmacopceial foriilblre for potent drugs.

AIITrcLE 279. 22. Convention of the ~6th and 19tp. November, 1885, regard-

The Allied ·and .Associated Powers may appoint consulsgeneml, consuls, vice--eonsuls, ·and consular .agents in German town. and ports. Germany undertakes to approve the desi_gnation of the consuls-general, consuls, :vice-consuls, and consular agent ·, whose names shall be -notified to her, and to admit them to the exercise of their functions in conformity with the usual rules and customs.

Chapter V • .ffcneral tn•ticles.

ARTICLE 280. The obligations imposed on Germany. by . Chapter I and by

-{ll:ti.cles 271 ana 27.2 of Chapter n :above shall c~ase to b.a:ve effect five years from the date of the coming into for~e of the present Treaty, unless otherwise provided in the text, or ·unless tP,.e Qouncil of the League of Nations shall, at least ·twelve . mouths before the .expiration -of that ·period, .decide that these . obligations_ shall be maintained for a further period with or without amendment.

Article 276 -of ·Chapter IV shall remain in operation, with or without amendment, _after the period £Jf five -years for such further period, '-if any, not .exceeding five ·years, as may be deterJnined by a majority of the "Council of· the League of Nations.

ARTICLE .281.

If the German Government engages in .intern.ational trAde, it shall not in respect thereof have .or be deemed to Iutve any right._, privileges, <>r immunities .of . sovereignty.

S.ection. fi. T<t•ea.Nes. AnTlCLE 282.

ing the establishment of n ·concert pitch. . 23. Convention of the 7th June, '1905, regarding the creation

of an International Agrlculatural Institute at Rome. 24. Conventions of the 3rd November, 1881, and the 15th

April, J.889, regarding precautionary measures .against phylloxera.

'25. Convention of the 19th 1\Ia:rch, 1902, regarding the protection of birds useful to ·agricult:iu;e.

ARTICLE 283. . From the coming into force ·of the present Treaty the High Contracting Parties shall _apply the conventions and a_greements hereinafter mentioned, in so far a.s concerns them, on ·condition that the special stipulations contained in this Article are fuifilled by Germany.

Postal Conventions: Conventions .and agreements of the Universal Postal Union

concluded at Vienna, 4th J"uly, 1891. -Conveiltions and a_greements of the Postal Union -signed at

Washington, 15th June, 1.897. Conventions and agreements of the Postal Union signed nt

Rome, 26th May, 1906. Telegraphic Con-ventions:

International Telegraphic ·COnventions signed -at St. Petersburg 10/22 July, 1875.

Regulations and Tariffs drawn up by the International Telegraphic Don"ference, Lisbon, June 11th, 1908.

Germany undertakes not to refuse her assent to the cpnclusion by the new States of the special arrangements :referred to in the Conventions and Agreements relating to · the Universal

From the coming into force of the .. present Treaty and subject Postal Union and to the _International Telegraphic Union, to to the provisions thereof the multilateral Treaties, conventions which the :said new States have _adhered -or may adhere. and n.gr~errients ·.of . .an economic ·Or :technical character enumer- ARTICLE :284. a ted below and 1n the subsequent articles :shall alone be applied From the coming into force of the :present Treaty t~ High a.s between. Germany _and those ·Of :the Allled and Associated Contracting Pru·ties shall .appcy, in so far .as concerns theJ,D, the

· Powers _party thereto.: Internatioruil .Radio-Telegrn.phic Convention of the 5th July, ~ Conventions ·of the 14th March, 1884, '1st Deee.mber, 1886~ 1912, on condition that Germany fulfils the provj.sional.regula

and 23rd March, 1887, .and Final Protocol of the 7th July, 1887, tlons which will be indicated to her by th~ Allied and Asso-regariling the Protection of Submarine Cables. ' dated Powers.

·z. Convention of the ~lth .october, 1909, .regarding the :Inter- When a new convention regulating international radio-tele-naiional Circulation .of Motor--ears. graphic communicatiDns .has .been . concluded to take :the place

3. Agreement of the 15th May, 1886, regarding ·the sealing of the Convention of the 5th July, 1912, this new .Convention of Railway trucks subject to Customs Inspec.tio~ and Protocol .shall bind Germany even if Germany should Tefnse either to of 18th May, 1907. · take part.in drawing up the convention, .or to subscribe thercl:o.

4. Agreement of the 15th Ma-y, 1886, Tegarding the techriical This new convention will likewise Teplace the l)rovi.sional standardisation of Railways. . regulations in force.

5. Convention of the 5th July, l890, regarding the publica- ARTICLE 28G . . tion of Customs Tariffs and the organisation of an Interna- F.rom the coming into force of the present Treaty, the .Hi"h tlonal Union for the publication of Customs Tariffs. · ""Z>

-:6. Convention of the 31st December, 1913, regarding the Contracting Parties shall 'RJ>ply in so far .as concernB them and unification of Commercial statistics. under the conditions stipulated in At·ticle 272, ' the conventions

"7. Convention of the .25th .April, :1~07, regarding the raising :hereinaftm·· mentioned: ·. of the Turkish customs Tariff. 1. The Conventions of the 6th May, ·1882, :and the 1st Febrn-

.8. Convention of the 14th March, 1857, for the redemption of :aryJ 1.889, regulating the Fisheries in the .North Sea outside toll dues on the sound .and Belts. · territorial waters. ·

9. {)onvention Df the 22nd J'"une, 1861, for the redemption of 2. The Conventions and 'Proto.cols of the 16th November, 1887, the Stade Toll on the Elbe.. J.4.th F-ebruary, 1893, and ~1th April, "1894, regarding the North

10. Oonvention {)f the 16tll July~ 1.863, :for i:he redemption ,0f :Sea liquor traffic. ABTICLE 286. Toll dues on the Scheidt.

11. Convention of the 29th ~ctober, 1888, regarding the £stabllshment of a delinite arrangement ,guaranteeing the free , use o:f the Suez . Canal.

· .12. Conv.entions of the _23rd ..september, 1910, respecting the un.i:fication of certain regulations rega·rding collisions nitd salvage at sea.

13. Convention of the 21st December~ 19.04, . regarding , the exemption of hospital ·.sh.ips from ·dues .and .charge~ in 'POXts. ~4. .Convention of the 4th Feb.ru.ru:y, 1898, regard~ng .the ton·

nage measurement of vessels for inland navigation.

The International Convention of Paris of the -20th l\larch, l.883, for the protection of industrial property, revised .a.t Washington on the 2nd June, 191.1; the agr-eement of the 14th April, 1891, regarding the suppression -of false indications of origin {)f goods ; the agreement of the '14th April, 1891, concerning the international registration of trade marks; and the International Convention of "'Berne of the ..9th September, 1886, for the J)rotection of literary and artistic works, revised at Berlin on .the J.3th November, 1908, and completed by the additional "Protocol signed at B~rne on the 20th 1\farcb, 1914, will again

1919 . . CO~ GRESSION.AL RECORD-SENATE. 837 come into effect as from the coming into· force of the present or the Powers, States, Governments or Public authorities Tr{>nty, iu f<O far as they m·e not affected 01~ modified by th~ which are relea ed from their engagements by the. present exceptions and restrictions resulting therefrom. Artide.

ARTICLE 287. ARTICL"E 294. From llic coming into force of the present Treaty the High

Contracting Parties shall apply, in so far as concerns them, the Convention of the Hague of the 17th July, 1905, relating to civil procedure. This renewal .. however, will not apply to France, Portuga I and Roumania. ·

ARTICLE 288. The special rights and privileges granted to Germany by

Article 3 of tl1e Convention of the 2nd December, 1899t.rebtti'ng to Samoa . hall be considered to have terminated on August 4th, 1914.

ARTICLE 289. Ea.cn. of the Allied or Associated Power~~ being guided by tile

general princtpleg or- special provisions o'f the present Treatr .. shall notify to Germany the bil::rteral treaties or conventions which such Allied or .Assoct.a.ted Power wishes to revive with Germany.

The Allied and Assocta:ted Powers underta.Ke among themselves not to revive with Germany any conventions or treaties which are not in accordan-ce with the terms of the present Treaty. In case of any difference of Qitinion, the- League of Nations will be called on to decide.

The notification referred to in the present Article shall be made ei titer directly or through the intermediary of another Power. Receipt thereof shall be acknowledged in writing by Germany. The date of the revival shall be that of the notification.

The notification shall mention any provisions of the said Conventions· and Treaties which, not being in accordance with the terms of the present Treaty, shall not be considered as_ revived. ·

A. period of sir months from the coming into force of the present Treaty ig aHowed to the Allied.and Associated Powers within which to make the notification.

Only those bilateral treaties and conventions which ·have beerr the ~mbject of such a notification shall be revived between the Allied and Asso.ciated Powers and Germany; all the others. are and shall remain abrogated.

The above regulations apply to all bilateral treaties or con--. ventions existing Between all the Allied and Associated Powers signatories to the present Treaty and Germany, ·everi if the said Allied and Associated Powers have not been in a state of wa.r with Germany.

ABTI.CLE 290. Germany recognises tl1at all the treaties, conventions or

agreements whic-h she .bas concluded with Austria, HnngHry-~ · Bulgaria or Turkey since the 1st August, 1914, until the coming into force of the present Treaty are and remain abrogated by the pre ent Treaty~

ARTICLE 291. Germany undertakes to secure to the Allied and Associated

Powe1·s, and to the officials and nationals of the said Powers~ the enjoyment of. all the rights and ad_vantages .o.f an-y kind which she may bave granted to Austria, Hungary, Bulgaria or Turkey, or to the officials and nationals of these States by treaties, conventions or arrangements concluded before the 1st August, 1914, so Iong as those treaties, conv.entions or arrangements remain in force.

The Allied and Associated Powers reserve the right to accept or not the enjoyment of these rights and advantages.

ARTICLE 292. Germany recognises that all treaties, con.ventiorrs. or arrange

ments which she concluded with Russia, m: with any State or Government of which the territory previously formed a part of Russia, or with Roumania, before the 1st August, 1914. or after that date until the coming into force of the present Treaty, are and remain abrogated.

ART1CLE 293.

From the coming_ into force of the present Treaty Germany nndertakes to give the Allied and Associated Powers and their nationals the benefit ipso {acto of the rights and advantages of any kind which she has granted by treaties, conventions, or arrangements to non-belligerent States or their nationals • since the 1st lillgn.st, 1914, until ·the coming into force of the present Treaty so long as those treaiies, conventions or arrangements remain in force. .

ARTICLE 295. Those of the High Contracting Parties who have not yet

signed, or who ha..ve- sigued but not yet ratified. the Opium Conventfon signed at The Hague on ,January 23rd, 1912, agree to Bring the said Convention. inro force, and for this nurposeto- enact the necessary· legislation without delay and in any ca.Se within a period of twelve months from the coming into force of the present Treaty.

Furthermore. they agree that ratificatfon of· tfie present Treaty should in th~ case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted. by- the Third Opium Conference in 1914 for bringing the said' Convention-into- force.

F'or this purpose the Government ot the French Republic will communicate to the Government ot· tlie Nether lauds a c-ertified copy of the protocol of the deposit of ratifications of tlie present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it werea deposit of ratifications of the Opium Convention and a signa-ture of the Additional Protocol of 1914. ·

Section III. Debts. ARTICLE 296.

There- shall be· settled: through the intervention of clearing o1fice& to be established by each of the High Contracting_ Parties within three months of the notlficatiorr referred to in paragraph ( e} hereafter- the following classes of pecuniary obligations:

1. Debts payable before the war and due by a national of one of the Contracting Powers, residing within its territory, to a national of an Opposing Power-, residing within its territory.

2. Debts which became payable during the war to nationals of one Conb.·actlng Power residing within ~territory and arose out of transactions or contracts with the nationals of an Opposing Power~ resident within its. territory, of which the total or· partial execution was srispended on account of· the declaration of war.

3. Interest w.hich has accrued due during the war to a national of one of the Contracting Powers in respect of securities issued by an Opposing Power, :Qrovided that the payment of in,. terest on such securities to the nationals of that Power or to neutrals has not been suspended during the war.

4. Capital sums which have become payable during the war to nationals of. one of the Contracting Powers in respect of securities issn.ed f>y one of the Opposing Powers, provided that the payment of such capital SUDl'S to nationals of that Power or to neutrals has not been· stispended during the war.

The proceeds of liqmdation of enemy property, rights, and interest& mentioned in Section IV and in the Annex thereto will be accounted .for through the clearing. offices, in the currency and at the rate- of exchange hereinafter provided in paragraph (d), and disposed of by them under the conditions provi<led by the said Section and Annex. ·

The settlements provided for in this Article shall be effected according to the following principles and in. accordance with the Annex to this Secti.on :

(a) Each of the High Contracting Parties shall prohibit, as from the coming into force of the present Treaty, both the payment and the acceptance of payment of such debts, and also all

Should an Allied or- Assocfuted Power, Russia, or a State- communications between the interested parties with regard to or (i{)vernment of which the territory formerly constituted a the settlement of the _said debts otherwise than. througlt the paxt of Russia, have been forced since the 1st August, 1914, clearing offices. by reason of military occupation or by any other means or for (b) Each Of' the High Contracting Parties-shall be respecany other cause, to grant or to allow to be granted by the tively responsible for the payment of such debts due by its naact of any public authority, concessions, privileges and favours tionals, except in the ' cases- where before the war- the debtor o~ any ki_n~ to Germany or to a Ge~·man national, such conces- was in a sfu.te of bankruptcy or failure, or had given formal inmons, pnnleges and fa vonrs are ttJSO facto annulled by- the dicatfon of insolvency or where the debt- was due by a compresent Treaty. pany whose business bas been liquidated unaer ·emergency

No claims or indemnities wllicb may result from this annul- \ legiSfation during the war. Nevertheless, debts- due by the in· ~ent shaH be charged against the Allied or Associated Powers habitants of territory invaded or occupied by the enemy be-

838 CONGR-ESSION .._L\._L RECORD-SEN ATE. JUNE 9,

for<> the Armi tice will not ·be guaranteed by the States of wllicll those territories form part.

(c) The sums due to the nationals of one of the High Contracting Parties by the nationals of an Opposing State will be debitecl to the dearing office of the country of the debtor, and . pai<l to the creditor lJy the clearing office of the country of the ernlito1·.

(d) Debts shall lJe paid or credited in the currency of such • one o( the Allied and Associated Powers, their colonies or pro

tectorates, or the British Dominions or India, as may be concernet1. If the <lelJts are payable in some other currency they shall be paid or credited in the currency of the country concerned, whether an Allied or Associated Power, Colony, Protectorate, British Dominion or India, at the pre-war rate of exchange.

For the purpose of this provision the pre-war rate of exchange :;hall b~ defined as the a"'=erage cable transfer rate prevailing in the Allied or Associated country concerned during the month immediately preceding the outbreak of war between the said country concerned and Germ~ny.

If a contract provides for a fixed rate of exchange governing the conversion of the currency in which the debt is stated into the currency of the Allied or Associated country concen:ed, then the above provisions concerning the rate of exchange shall not apply.

In the case of. new States the currency in which and· the rate of exchange at which debts shall be paid or credited shall be determined by the Reparation Commission proyided for in Part VIII (Reparation).

(e) The provisions of this Article and of the Annex hereto shall not apply as between Germany on the one hand and any one of the Allied and Associated Powers, their colonies or protectorates, or any one of the British Dominions or India on the other hand, unless within a period of six months from the torning into force of the present Treaty notice to that effect is given to Germany by the Government of such Alliet1 or A ·sociated Po,Ter or of such Dominion or of India as tlle case may be.

(f) The Allied and Associated Powers who have adopted this Article and the Annex hereto may agree between themselves to apply them to their respective nationals established in their territory so far as regards matters between their nationals and German nationals. In this case the payments made by application of this provision will be subject to arrangements between the allied and as. ociated clearing offices concerned.

ANNEX. 1.

Each of the High Contracting Parties will, within three months frolft the notification provided for in Article 296, paragraph (e), establish a clearing office for the collection and payment of enemy debts.

Local clearing offices may be established for any particular portion of the territories of the High Contracting Parties. Such local clearing offices may perform all the functions of a central clearing office in their respective districts, except that all tr:msactlons with the clearing office in the Opposing State must be e.tl'ected through the central clearing office.

2. In this Annex the pecuniary obligations referred to in the

first paragraph of Article 296 are described as "enemy debts'', the persons from whom the same are due as "enemy debtors," the persons to whom they are due as "enemy creditors". the clearing office in the country of the creditor is called the "Creditor Clearing Office", and the clearing office in the country of the debtor is called the "Debtor Clearing Office".

3. The High Contracting Parties will subject contraventions of

parngraph (a) of Article 296 to the same penalties as· are at present provided by their legislation for trading with the enemy. They will similarly prohibit within the~r territory all legal process relating to payment of enemy debts, except in nccordance with the provisions of this Annex.

4. Tl1e Government guarantee specified in paragraph (b) of

Article 296 shall take effect whenever, for any reason, a debt shall not be recoverable, except in a case where at the date of

· the outbreak of war the debt wa.S barred by , the laws of prescription in force in the country of the debtor, or where the debtor was at that time in a state of bankruptcy or failure or had given formal indication of insolvency, or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. In such case the procedure specified by this Annex shall .apply to payment of the dividends.

The terms "·bankruptcy " and " failure " refer to the application of legislation pro1irling for such juridical conditions. The expression "formal indication of insolvency" bears the same meaning as it has in English law.

G. Creditors shall giye notice to the Creditor Clearing Office

within six months of its establishment of debts due to them, and shall furnish the Clearing Office with any documents and information required of them ~

The High Contracting Parties 'vill take all suitable measures to trace and punish collusion between enemy creditors and debtors. The clearing offices will communicate to one another any evidence and information which might help the discovery and punishment of such collusion.

The High Contracting Parties will facilitate as much as possible postal and telegraphic communication at the expense of the parties concerned and through the intervention of the clearing offices between debtors and creditors desirous of coming to an agreement as to the amount of their debt.

The Creditor Clearing Office will notify the Debtor Clearing Office of all debts declared to it. The Debtor Clearing Office will, in due course, inform the Creditor Clearing Office which debts are admitted and which debts are contested. In the latter case, the Debtor Clearing Office will give the grounds for the non-admission of 9-ebt.

6. When a debt has been admitted, ln whole or in part, the

Debtor Clearing Office will at once credit the.Creditor Clearing Office with the amount admitted, and at the same time notify it of such credit.

7. The debt shall be deemed to be admitted in full and shall be

credited forthwith to the Creditor Clearing Office unless within three months from the receipt of the notification or such longer time as may be agreed to by the Creditor Clearing Office notice has been given by the Debtor Clearing Office that it is not admitted.

8. When the whole or part of a debt is not admitted the two

clearing offices will examine into the matter jointly and will endeavour to bring the parties to an agreement.

9.

The Creditor Clearing Office will pay to the individual creditor the sums credited to it out of the funds placed at its disposal by the Government of its country and in accordance with the conditions fixed by the said Government, retaining any sums considered necessary to cover risks, expenses or commissions.

10. Any person having claimed payment of an enemy debt which

is not admitted in whole or in part shall pay to the clearing office, by way of fine, interest at 5 per cent. on the part not admitted. Any person having unduly refused to admit the whole or part ot a debt claimed from him shall pay, by way of fine, interest at 5 pe~ cent. on the amount with regard to which his refusal shall be disallowed.

Such interest shall run from the date of expiration of the period provided for in paragraph 7 until the date on which the claim shall have been disallowed or the debt paid.

Each clearing office shall in so far as it is concerned take steps to collect t;he fines above provided for, and will be responsible if such fines cannot be collected.

The fines will be credited to the other clearing office, which shall retain them as a contribution towa-rds the cost of carrying out the present provisions.

11. The balance between the clearing offices shall be struck

monthly and the credit balance paid in cash by the debtor State within a week.

Nevertheless, any crerlit balances which may be due by one or more of the Allied and Associated Powers shall be retained until complete payment s-hall have been effected of the sums due to the Allied or Associated Powers or their nationals on account of the war.

12. To facilitate discussion between the clearing offices each of

them shall have a representative at the place where the other is established.

13. Except for special reasons all discussions in regard to claims

will, so f~r as possible, take place at the Debtor Clearing Office.

1919. CONGRESSIONAL RECORD.-SEN.A.TE. , 839 14.

In conformity with Article 296, paragraph (b), the High Contracting Parties are responsible for the payment -<>f the enemy debts owing by their nationals.

The Debtor Clearing Office will therefore credit the Creditor Clearing Office with all debts admitted, even in case of inability to collect them from tlle individual debtor. The Go\ernments concerned will, ne;vertheless, . invest their respective clearing offices with all necessary powers for the recovery of debts which haYe been admitted.

.As an exception, the admitted debts owing by persons having suffered -injury from acts of war shall -<>nly be credited to the Creditor Clearing .Office when the compensation due to the person concernoo in respect of such injury shall have been paid.

15. Each Government will defray the expenses of -th-e clearing

office et up in its territory, including the salaries of the staff. 16~

Where the two clearing offices are unable to agree whether a debt claimed is -due, or in case <>f a difl'erence between rut enemy debtor and fill enemy creill.tor or between the clearing offices, the dispute shall either be referred to arbitration if the parties so agree under conditions .fixed by -agreement be~ tween them, or referred to the Mixed .Arbitral Tribn:na1 pro. vided for in Section VI hereafter.

At th-e request of the Cr-editor Cl-earing Office the dispute may, however, be submitted to the jurisdiction of the Courts of the place of domicile ·of the debtor. ·

17. Recovery of sums found by the 1\lixed Arbitral Tribunal, the

Oourt, or the Arbitration Tribunal to be due shall be effected tlrrough the clearing offices u.s if the~e sums were debts admitted by the Debtor Clearing Office.

18. Each of the Go¥ernments concerned shall appoint an agent

who will be responsible for the presentation to the Mixed Arbitral Tribunal of the cases conducted on behalf of its clearing office. This agent will exercise a general control over the repre entati¥es or counsel employed by its nationals.

Decisions will be arrived at on documentary evidence, but it will be open to tbe Tribunal to .hear the parties in person, or according to their preference by their representati¥es approved by the two Governments, or by the agent referred to above, who shall be competent to inter¥ene along with the party .or to re-open and maintain a claim abandoned by the saine.

19. 'l'he clearing offices concerned "\Villlay before the Mixed Arbi·

tral Tribunal all the information and documents in their possession, so as to enable the Tribunal to decide rapidly on the cases which are brought before it.

.20. Where one {)f the parties · concerned appeals again t the joint

decision of the tw<> clearing offices he shall make a deposit against the costs, which deposit shall -only be refunded when the first judgment is modified in favour of the appellant and in proportion to the success be may attain, his opponent in case of such a refund being required to pay an eqntvalent proportion of the costs and expenses. Security accepted by ·the Tr11mnal may be substituted for a deposit.

A fee of 5 per cent. of the amount in dispute shall be charged in respect of all cases brought before th-e Tribunal. This fee shall, unless the Tribunal directs otherwise, be borne by the unsuccessful party. Such fee shall be added to the deposit referred to. It is also independent of the security.

The Tribunal may award to one of the parties a suin in re-· spect of the expenses of the proceedings.

Any sum payable liD.der this paragrapb. shall be credited to the clearing office of the successful party as a separate item.

21. With a view to the rapid settlement of claims, due regard

shall be paid in the appointment of all persons connected with the clearing offices or with the Mixed Arbitral Tribunal to their knowledge of the language of the other country concerned. Each of the clearing offices will be at liberty to correspond with the other, and to forward documents in its own language.

22. Subject to any special agreement to the contrary between

the Governments concerned, debts shall earry interest :in .accordance with the following provisions;-

Interest shall not be payable on sums of money due by way of dividend, interest. M other periodical payments whicll them-selves repre ent interc t on capital. '

The l"B.te of intere t sbnll be 5 per cent. per annum except in cases where, by conti·act; law, or custom, the creditor is eri- · titled 'to payment of interest a:t a different rate. In such eases the rate to which he is entitled shall prevail.

Interest shall rim ·from the date .of commencement of hos~ tilities (or., if the sum . Of money to be recovered fell due during the wa:r, from the date at which it fell due) until the smn is credited to the clearing office of the creditor.

Sums due by way of interest shall be treated as debts admitted by the clearing offices and shall be credited to the Creditor Clenring Office in the sam-e way as S1leh debts .

23. . Where by uecision of the clearing -offices o1· the Mixed

Arbitral Tribunal a claim is held not to · fall within Article 296, the creditor shall be at liberty to prosecute the claim before the Courts or to take such other proceedings as m.ay be open to him. ·

The presentation of a claim to the clearing o.ffic.e B!lspends the operation of any period of prescription.

24. ·The High Contracting Pru·ties agree to ~~rd the decisions

arrived at in 'accOrdance with the provisions of th.is Annex as final and concl.usive, and to · render them binding upon their nationals. ·

:25. In any case .where a Cr-editor · Clearing Office declines to

notify a clalm to the Debtor Clearing Office, or to take any step. provided for in this Annex, intendeu to make effective in wooi-e or in part a request o_f which it has received due n<>tiee, the enemy_ creditor shall be entitled to receive from the clearing affice a certificate etting out th ·amount of the claim, and shall then be entitled to prosecute the claim before tne courts or to take such other proceedings as may be open to him.

Section rv. Property, rights anfl interests.

Ar.T.ICLE 297. The question of private p:roperty, right an<l interests iu an

enemy country shall be setUed according to the principles lfrill down in this Section -and to the provi ion of the Annex here-to :

(a) The e:x:eeptionnl wnr measures and measures of transfer (defined in paragraph '3 of the Annex hereto) taken by Germany with re pert to the property, rights and interest -of llfttionals of Allie(] or Associated Powers, including companies and a sociations in ,,-hich they are interested, \\i:len liquidation has not be-en completed, shall be immediately discontinued or stayed and the property, rights, an-d intere ts concerned restored to their owner , who shall enjoy full rights therein in accordance with the _provisions of Article 298..

(b) Subject to any eontrnry sttpulatim1s w hlcll nmy be ·pro- · vided for in the present Treaty, the Allied and Associated Powers resene the right to .retain and liquidate all property, rights and interests of German natianal<s, or companies controlled ·br them, within their tem-itories, .colan.ies, po;-. essions and protectorates including t rritories c <led to them by the present Treaty.

The liquidation shall . be carried out in aecoruance 'With the l-aws of the .Allied or Associated State concerned, flild the German o1rner shall not I.Je able to lligpo e of such IJI'Operty, rights or interests nor to ubject them to any charge without the eonsent of that State.

German national "·ho ncq1lirc ipso facto the nationality of an Allied 'or As ocia;too. Po"\\~' in accordance with the provi..:;ions o.f ~ the present Tre.nty will not be consinered us German nationa.Js within the meaning 0f this paragrnph.

( o) The p1·ice or the amount of compensation in respect of the exercise of the right referred to in the preceding paragraph (b) will be fued ill accordcn.nce with the methods of sale -or \aluation a.dopted by the laws of the .Country in which the property has been retained . or liquidated.

( cl) As between the Allied and Associated Powers or their nationals on the one hand and Germany or her nationals on the other band, all the exceptional "\yar measures, or mea. ui:es of transfer., or act l<m-e -oT to be done in execution of such· measures as definetl in paragraphs 1 and 3 of the Annex hereto shall be considered as final and b-inding upon .all persons except ns regards the resernttions ln.id down in the present Ttea.ty.

(e) 'il.'be nationnls of .Allied and Associated Powers shall be entitled to compensation in 1 espect of damage or injm·y intli ~ d upon their property, rights or interest , including any compan-y or association in which they are interested, in German territo:ry as it existed on .A..u(J'u t ·l, ~9J.4. l.ry the ttpplieation either of tlw exceptional "'-'"!lr mea nres o::- measure. ·of transfer mentioned in pu:rn-gra:phs J.. tmd 3 of the A.t:lncx b t• 1·eto. The tlaims m:ll't• iu this respect by . uclt na.tionnli=; shnll he inn'sti~atcd, alld the


total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI or by an Arbitrator appointed by that Tribunal. This compensation shall be borne by Germany, and may be charged upon the property of German nationals within the territory or under the control of the claimant's State. This property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto. The payment of this compensation may be made by the Allied or Associated State, and the amount will be debited to Germany.

(f) Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfel" in German territory and expresses a desire for its restitution, his claim for compensation in accordance with paragraph (e) shall be satisfied by the restitution of the said property if it still exists in specie.

In such case Germany shall take aU necessary steps to restore the evicted owner to the possession of his property, free from all encumbrances or burdens with which it may have been charged after the liquidation, and to indemnify all third parties injured by the restitution.

If the restitution provided for in this paragraph cannot be effected, p1:ivate agreements aiTanged. by the intermediation of the Powers concerned or the clearing offices provided for in the Annex to Section III may be made, in order to secure that the natio~al of the ~ed or Associated Power may secure compensation for the lllJUry referred to in paragraph (e) by the g~·ant of advantages or equivalents which he agrees to accept m place of the property, rights or interests of which he was deprived.

Through restitution in accordance with this Article, the-price or the amo~t of compensatipn fixed by the application of paragraph (e) will be r~duced by the actual value of the property restored, account bemg taken of compensation in respect of loss of u e or deterioration.

(g) The rights conferred by paragraph (f) are reserved to owners who are nationals of Allied or Associated Powers within whose territory legislative measures prescribing the general liquidation of enemy property, rights or interests were not applied before the signature of the Armistice.

(l~) ~xcep~ in ca~es where, by appl.ication of paragraph (f), resbtutltons m specie have been made, the net proceeds of sales of enemy property, rights or interests wherever situated carried out either by virtue of war legislation, or by application of this Article, and in general all cash assets of enemies shall be dealt with as follows :- '

( 1) As regards Powers adopting Section III and the Annex thereto, the said proceeds and cash assets shall be credited to the Power of which the owner is a national, through the clearing office established thereunder, any credit balance in favour of Germany resulting therefrom shall be dealt with as provided in Article 243.

( 3) As regards Powers not adopting Section III and the Annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals of Allied or Associated Powers held by Germany shall be paid immediately to the person entitled thereto or to his GQvernment; the proceeds of the property, rights and interests, and the cash assets of German nationals received by an Allied or Associated Po~er shall be subject to disposal by such Power in accordance with its laws and regulations and may be applied in paJlllent of the claims and debts defined by this Article or paragraph 4 of the Annex hereto. Any property, rights and interests or ptoceeds thereof or cash assets not used as above provided may be retained by the said Allied or Associated Power and if retained the cash value thereof shall be dealt with as provided in Article 243.

(i) Germany undertakes to compensate its nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States.

ARTICLE 298.

Germany undertakes, with regard to the property, rights and interests, including compani~s and associations in which they were interested, restored to nationals of Allied and Associated Powers in accordance with the provisions of Article 297, paragraph (a) or (f) :

(a) to restore and maintain, except as expressly provided in the present Treaty, the property, rights and interests of the nationals of Allied or Associated Powers in the legal position obtaining in respect of the property~ rights and interests of German nationals under the laws in force before the war.

(b) not to subject the property, rights or interests of the nationnls of the Allied or Associated Powers to any measures in d<'ro;~; tion of pro11et'ty rights which are not applied equally to

the property, rights and interests of German nationals and to pay adequate compensation in the event of the applic;tion of these measures.

ANNEX.

1. In accord~ce with the provisions of Article 207, paragraph

(d), the v.alidity of vesting ?rders and of orders for the winding up of busmesses or compames, and of any other orders directions, decisions or instructions of any court or any dep~rtment of ~e Government of. any of the High Contracting Parties made or grven, or purportmg to be made or given, in pursuance of war le~sla~on with regard to enemy property, rights and interests ~s confirmed. The interests of all persons shall be reg~rde~ as h~v.ing b~n effectively dealt with by any order, duection, deCisiOn or mstruction ·dealing with property in which they may be. interested, whether· or not such interests are specifi:cally mention~d in the order, direction, decision, or instruction. No question shall be raised as to the regularity of a transfer of any property, rights or interests dealt with in pursuance of .any such or.der, direction, decision or instruction. Every action taken w1th regard to any property, business, or company, whether as regards its investigation, sequestration, compulsory administration, use, requisition, supervision, or winding up, th~ sale or management of property, rights or interests, the collection or discharge of debts, the payment of costs, cl1arges or expenses, or any other matter whatsoever, in pursuance of orders, directions, decisions, or instructions of any court or of any department of the Government of any of the High Cont~actin~ Parties, made or given, or purporting to be made or given, m pursuance of war legislation with regard to enemy property, rights or interests, is confirmed. Provided that the P.rovisions of this paragraph shall not be held to prejudice the titles to property heretofore acquired in good faith and for value and in accordance with the laws of tl1c country in which the property is situated by nationals of the Allied and As ociated Powers.

The provisions of this paragraph do not apply to such of the above-mentioned measures as have been taken by the German authorities in invaded or occupied territory.

2. No claim or action shall be made or brought against any Allied

or Associated Power or against any person acting on behalf of or under the direction of any legal authority or Department of the Government of such a Power by Germany or by any German national wherever resident in respect of any act or omission · with regard to his property, rights or interests during the war or in preparation for the 'var. Similarly no claim or action shall be made or brought against any person in re pect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied or Associa~ed Power.

3. In Article 297 and this Annex the expression " exceptional

war measures" includes measures of all kinds, legi lative, administrative, judicial, or others, that have been taken or will be taken hereafter with regard to enemy property, and which have had or will have the effect of removing from the proprietor ~ the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory administration, and of sequestration; or measures which have had or will have as an object the seizure of, the use of, or the interference with enemy as ets, for whatsoever motive, under whatsoever form or in whatsoever place. Acts in the execution of these measures include all detentions instructions, orders or decrees of Government departments o; courts applying these measures to enemy property, as well as acts performed by any person connected with the administration or the supervision of enemy property, such as the payment of debts, the collecting of credits, the payment of any co t , charges, or expenses, collecting of fees.

Measures of transfer are those which have affectell or will affect the ownership of enemy property by transferring it in whole or in part to a person other than the enemy owner, and without his consent, such as measures directing the ale, liquidation, or devolution of ownership in enemy property, the cancelling of titles or securities.

4. All property, righ~s and interests of German nationals withln

the territory of any Allied or Associated Power and the net proceeds of their sale, liquidation or other dealing therewith may be charged by that Allied or Associated PmYcr in the first place with payment of amounts due in respect of ·Jaim by the nationals of that Allied or Associated l'M r er with r PQ"nl'll to their property, rights, ~nd intcre ~ tl" . i n C'I u~~i : 1;:; <·c mp:tni ~ .... nn<l a· o-

1919. CONGRESSIONAL RECORD-SEN ATE. -841

elations in which they are interested in German territory, or debts owing to them by German nationals, and with payment of claims growing out of nets committed by the German Government or by any German authorities since the 31st July, 1914, and before that Allied or Associated Power entered into the war. They may be charged in the second place with payment of the amounts due in respect of claims by the nationals of such Allied or Associated Power with regard to their property, rights, and interests in the territory of other enemy Powers, or debts owing to them by nationals of such ·Powers in so far as those claims or debts are otherwise unsatisfied.

5. Notwithstanding the provisions of Article 297, where imme_.

diately· before the O\ltbreak of war a company incorporated· in an Allied or Associated State had rights in common . with a company controlled by it and incorporated in Germany to the use of trade-marks in third countries, or enjoyed the use in common with such company of unique means of reproduction of goods or articles for sale in third countries, the former company shall alone have the right to use these trade-marks in thi:rd countries to the exclusion of the German company, and these unique means of reproduction shall be handed over to the former company, notwithstanding any action taken under German war legislation with regard to the latter company or its business, industrial property or shares. Nevertheless, the former company, if requested, shall deliver to the latter company derivative copies permitting the continuation of reproduction of articles for use within German territory.

6. Up to the time when restitution is carried out in accordance

with Article 297, Germany is responsible for the conservation of property, rights and interests of the nationals of Allied or Associated Powers, including companies and associations in which they are interested, that ha~ been subjected by her to exceptional war measures.

7. Within one year from the coming into force of the present

Treaty the Allied or Associated Powers will specify the property, rights and interests over which they intend to exercise the rights provided in Article 297, paragraph (f).- ·

8. The restitution provided in Article 297 will be carried out by

order of the German Government or of the authorities which have been substituted for it. Detailed accounts of the action of administrators shall be furnished to the interested persons by the German authorities upon request, which may be made at any time after the coming into force of the present Treaty.

9. Until completion of the liquidation provided for by Article

297, paragraph (b), the property, rights and interests of GerI]lan nationals will continue to be subject to exceptional war measures that have been or will be taken with re~ard to them.

10. Germany will, within six months from the coming into force

of the present Treaty, deliver to each Allied or Associated Power all securitiefl, certificates, deeds, or other documents of title held by its nationals and relating to property, rights or interests situated in the territory of that Allied or Associated Power, including any shares, stock, debentures, debenture stock, or other obligations of any company incorporated .in accordance with the laws of that Power. •

Germany will at any time on demand of any Allied or Associated Power furnish such information as may be required with regard to the property, rights and interests of German nationals within the territory of such Allied or Associated Power, or with regard to any transactions concerning such property, rights or

-interests effected since the 1st July, 1914. 11.

The expression "cash assets" includes all deposits or funds established before or after the declaration of war, as well as all assets coming from deposits, revenues, or profits collected by administrators, sequestrators, or others from funds placed on deposit or otherwise, but does not ip.clude sums belonging to the Allied or Associated Powers or to their component States, Provinces, or Municipalities.

12. All investments wheresoe.-er effected with the cash assets of

nationals of the ·High Contracting Parties, including companies and associations in which such nationals were interested, by persons responsible for the ad..ministration of enemy properties

or having control over such administration, or by order of such persons or of any authority whatsoever shall be annulled. These cash assets shall be accounted for irrespective of any such investment.

13. Within one month from the coming into force of the present

Treaty, or on demand at any time, Germany will deliver to the Allied and Associated Powers all account':!, vouchers, records, documents, and information of any kind which may be within German territory, and which concern the property, rights and Interests of the nationals of those Powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in German territory or in territory occupied by Germany OJ.' her allies.

The controllers, supervisors, managers, administrators, sequestrators, liquidators, and receivers shall be personally responsible under guarantee of the German Government for the immediate delivery in full of these accounts and documents, and for their accuracy.

14. The provisions of Article 297 and this Annex relating to

property, rights and interests in an enemy country, and the proceeds of the liquidation thereof, apply to debts, credits and accounts, Section III regulating only the method of payment.

In the settlement of matters provided for in Article 297 between Germany and the Allied or Associated States, their colonies or protectorates, or any one of the British Dominions or India, in respect of any of which a declaration shall not have been made that they adopt Section III, and between their respective nationals, the provisions of Article 296 respecting the currency in which payment is to be made and the rate of exchange shall apply unless the Government of the Allied or Associated Power concerned shall within six months of the coming into force of the present Treaty notify Germany that the said provisions are not to be applied.

15. The provisions of Article 297 and this Annex apply to indus

trial, literary and artistic property whicli has been or will be dealt with in the liquidation of property, rights, interests, companies or businesses under war legislation by the Allied or Associated Po_wers, or in accordance with the stipulations of Article 297, paragraph (b).

Section V. Cont1·acts, prescriptions, judgments. AllTICLE 299.

(a) Any contract concluded between enemies shall be regarded as having been dissolved as from the time when any two of the parties became enemies, except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder, and subject to the ·exceptions and special rules with regard to particular contracts or classes of contracts contained herein or in the Annex hereto.

(b) Any contract of which the execution shall be required in the general interest, within six months from the date of coming into force of the present Treaty, by the Allied or Associated Governments of which one of the parties is a national, shall be excepted from dissolution under this Article.

When the execution of the contract thus kept aliT"e would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral Tribunal provided for by Section VI shall be empowered to grant to the prejudiced party equitable compensation.

(c) Having regard to the provisions of the constitution and law of the United States of America, of Brazil, and of Japan, neither the present Article, nor Article 300, nor the Annex hereto shall apply to contracts made between nationals of these States and (}erman nationals ; nor shall Article 305 apply to the United States of America or its nationals.

(d) The present Article and the annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignty has been transferred, if such party shall acquire under the present Treaty the nationality of an Allied or Associated Power, nor shall they apply to contracts between nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Associated territory in the occupation of the enemy.

(e) Nothing in the present Article or the annex hereto shaH be deemed to in.-alidate a transaction lawfully carried out jn accordance with a contract between enemies if it has been carried out with t)?.e authority ·of one or-the belligerent Powers.

842 - CONGRESSIONAL RECORD-SEN ATE. JUNE 9,

A..lrn:CI.E 300. that effect of the Mixeu Arbitral Tribunal, be effected wher-e it {·a) ..All periGds of prescription, o:x,- limit::ttion of 1·igh_t of is possible by replacing the parties in the situation which they

action, whether they began to run before -or after the outbreak ()Cc:t:Ip-ied before the judgment was glven by the German Court. of v.-ar, shall be treated in the territory of the High Contracting ·Tbe above compensation may likewise by obtained before the Parties, so far as regards relations between enemies, as having Mixed Arbitral 'l'ribuna:l by the nationals of Allied or Associbeen uspended .for the duration cl the war. They .shall begin ated Pow-ers who have suffer-ed prejudice by judicial measures to run ag~in at earliest three months after the roming into tak-en in mvaded or oc-cupied territories, if they have not been fo1·ce <>f the present Treaty~ · This pr.ovi.:;ion shall :ap}ily to the 'Otherwise -compensat-ed. period prescribed for the :presentati-on of interest r dividend , coupons or for the _presentation for repayment of :securities drawn ·tor repayment or repayable -on any other gruund.

ArcriCLE . 303. For the :purpose Gf Sections Ill, IV, V and VII, the .expre ion

" during the war" means for each Allied or Associated Power the period between the state of war between that Power and Germn:ny -and the -coming !into force ·Of tbe :present :Treaty.

(b ~ Wher~ on account 'Of failure to lJerform any act or com:.. ply witll .:my formality during the war, measm.·es -of ex-ecution have been taken in German territory t-o th-e p.r.ejudice of a national of an Allied or Associated Power~ the claim of such ANNEX. national hall, if the matter does not fall within the competence L rGenera,z provisions. of the Courts '()f an .Allied or .Assoctated Power, be heard by '1.

the ~fu-ed Arbitral Tribunal provided for by Section NL Within the meaning of Articles 299, 300 and '301, · the parties (-c ) U]JGn the np:plieation ef any interested -person woo is .a

national of an Allied or Associated Power the Mi:red Arbltr.a'l. to ll con-t;ract Shall be ~·egnrded as · enemies when trading beTribunal shall order the restoration of the rights which have tween them shall have been l)rohibited by' o.r -otherwise becmne been prejudiced by the measures of execution ..referred to in unlawful under law's, -ortlers o1· regulations to whlCh one ot' pru.·.n.o<Tapb ( b ,., wherev-er., having reg~rd to ~e particular_ d .r- those :parties was snbjeet. They shall be deemed to 'have becumstan:ces of tb case, S1:1Ch restor.ation is eqnitabte' rind-_pos- come .enemies from the .<J.ate when such trading w.:as prohibit-ed sible. · cOr otherwise became unla wfn1.

If Bll~h .restoration is inequita:ble -or 1rnp:ossible the Mixed ' 2. Arbit ral 'Tribu_nal may grant .compensation to th-e p~ejudiced The fol1owing clas es of contracts are -ex.cept-ed trQm dissolu-party to be -prud by the German Go!'ernment. . . tion by Article 299 and, without prejudice to the rights con-

.< a) _ Where a ~on tract~ has been di~solved y ~·~on at~e~· of ·tained in Article 297 (b) of Section IV, remai.J:i in force subject failur~ · -on the ~rt of Ci~er ~ty to ca~ry out :ats ::prov~ons to the application of domestic laws, <>rders or .regulatiaps made or of t:?e ex~rc1~e tOf n .nght stipulated.~ the ~ontraet Itself ; dming the wnr by the Allied anp. Associated Powers .and sut;>-the Pru.:tY' preJUdice? may UI?Pl~ to the Mu:e~ .A!rbitr~.l TD:'b~n~l jeet to the terms of the contracts: · . for relief. The Tribunal mil nai"e the lJO,,ers prm<tded for :m (a) Oontracts 'having for their object the transfer of e tntes paragraph (c)~~ . . . . - . or of real or :personal propeyty where the property therein bad

(e) The :proVIswns ()f. the ~reoedm¥ paragraphs 0.f if;b.J. · Arti~le -passed or the object had been del'ivered .before· the parties be-shall apply to the natio'llil.ls -of .Allied .and AssoCl:ated. Powers · came enemies. - · · who have been prejudiced. by. reason of mea~res ·ref~rred ~ (b) Leases 'and agreements for leases of land and houses; above taken by Germany _m mvaded or occupied territory, 1f ·(c) Contracts of mortgage, pledge, .or lien; they have not -been otherwise .compen~. {d) -Goi::tcession.s -concerning mines, ·quarries or deposits;

<O ~rmany shall ICO~~nsate ~Y thlr~ party ~0 ~ay be (e) Contracts between individuals or eo:mpanles :and States, · pr~Judiced. by :an~ restitution or .a:e~:oon ordered 'by ~ provinces, municipalities, or other similar juridical -persons Mcred Arb1tr.al ~1bun~ under the prowswrrs of the precedmg charged with administrative functions, and concessions granted paragraphs o~ this Artic~e. . · . ; by States. ·provinces, munici:pali±ies, or o'ther similar juridical

(g) As regards negotiable mstrumen±s, the penocl of three persons cha:r~red with :admi:n:is.ttative rfunctiona months provided under paragraph (a) .sruill commence as from o

the date on which any exceptional regulations applied in the 3. territories of the interested Po-wer with regard to negotiable i[f tlle -provisions of .a contract -are in parct dissolved under instrument· shall ha.v definitely •c--eased to lmve force. Article .299, the J.'emaining pr-ovisions of that oontr.a..ct -shall, .sub-

ARTICLE 301. ject to the same application of domestic laws as is provided for in paragraph 2, continue in force if they are severable, but where they ·are not se"rerable the contract rsha.ll be deemed to have lbcen dissolved in its entirety.

As· be-tween enemie no negotiable instrument m.ade before the war sha.ll .be deemed to have .beeome invalid hy reason only of failure within the requirffi time to -pre ent the instrument for acceptance or payment or to give notice of non..;accep:tauce or non-payment to d1·aw.er.s or indorsers or to prate t the instrument, no1· by reason of failnre to compl-ete any formality during the war. . _

·where the period within which a negotiable lnst:rnment should ' ha're been presented for acceptance or for payment~ -er within which notice of non-acceptance or non-payment 'Should have been given to the drawer .or indorser, -or within which the instrume.u.t should have been protested, has -elapsed during the war~ and the party who should h~v.e presented <>r pretested the instrument or have given notice ()f non-aceeptanee or non~yment has failed to do -so during :the war, a period .of not less than t.hl'ee .months from the .coming into force <Of the present Treaty shall be allowed within which presentntion, notice of non-acce,Ptance OI' non-payment .or pro.test .may be ~de.

A.R'1'1.1::LE 202. Judgments given by the Courts of an .Alliea or .Associated

Power in all cases which, -under the present Treaty~ they are competent to decide, shall be recognised in 'Germany .as 'final, and shall be enforced without it being necessn:ry to have them declared executory.

If a -judgment in respect of .any dispute which may .have arisen has been given during the ar by :a German (Jourt n.ga.inst a national of an .Allied or Associated State in a case in which he was not :able to make bis defence, the Allied IDld .Associated national who has suffered prejudice thereby shall be entitled to recover compensation, to be fixed by the ~fixe~ Arbitral Trilmnal provided for Fin Section VI.

At the instance -of the national !Of the All~ed or 4:f;sociated Power the compensation above-mentioned ma.y, _.tUpOn .-order to

II. Pt-ovisions rel.ating to aer.tain cla ses of contra~:ts. Stool• • exchange ana commercial e:cchange cont,·acts.

4.

a) Rules .ma.:de during tthe war by any recognised Exchange or Commercial .Association providing for the cfosure .of contrn..ets ·entered :into bef-o:re the war by an cenemy are .c0nfirmed by fie High Contracting Parties, as also any a-etion tak-en thereunder, provided·-

(L} That the contract was expressed to ·be made subject to the rules of the Exchange or Association in question ;

(H.~ Thai the rn.les .applied to all persons oeoncerned ; (ill.) That i:he conditions attaching to the closure were :ia..ir

and reasonable. · ·o) The preceding -paragraph shall no.t aJ')ply to rules made dur

ing the occupation by ~changes tOr Comme-r.eiai Associ3!tlons m the districts occupied by the enemy. -

c) Tbe closure of contracts .relating to cotton "future ", which were closed as on the 31st July, 1914, ~nder the decision of the Liverpool Cotton .Association, IS -also confirmed.

Securit y. 5.

The sale of a -security held for an unpru.d <lebt owing by 'an .enemy -shall be ·deemed to 'hav-e been ~alid irrespective '6f notice to the owner if the creditor acted in good faith and with reasonable care and prudence, and no clnim by the debtor on the ground ,of .such sale shall be .admitted.

Tll'is .stipulation sbalJ. not apply to any sale -of securities .effected by .an <en~my during the occupations ill regions inTaded 10! accnpled by the enemy.

1919. CONGRBSSION AL RECORD-· SEN AT.E. 843 Negotiable inst1·uments.

6. ..:ls rc~nrds Powers which adopt Section III and the Annex

thereto the pecuniary obligations existing between enemies and resulting from the issue of negotiable instruments shall be adjnstc<l in conformity with the said Annex by the instrumentality of the Clearing Offices, which shall assume the rights of the holder as regnrds the various remedies open to him. •

7. If a person has either before or during the war become liable

upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability notwithstanding, the outbreak of war.

III. Contmcts of insurance. 8.

Contmcts of insurance entered into by any person with another 11erson who subsequently became an enemy will be dealt with in accordance with the following paragraphs:-

Fke insut·ance. · 9.

Contracts for the insurance of property against fire entered into by a person interested in such property with another person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war, or by the fact of the person becoming an enemy, or on account of the failure during the war and for a period of three months thereafter to perfol'm his obligations under the contract, but · they shall be dissolved at the pate when the annual premium becomes payable for the first time after the expiration of a period of three montlls after the coming into force of the present Treaty.

A settlement shall be effected of unpaid preiQ.iums which· became due during the war, or of claims for losses which occurred duriJ?g the war.

10. Where by administrative or legislative action an insurance

n gainst fire effected before the war has been transferred during the war from the original to another insurer, the transfer will be recognised and the liability of the original insurer will be ueemed to have ceased as from the date of the transfer. The original insurer will, however, be entitled to receive on demand full information as to the terms of the transfer, and if it should appear tliat these terms were not , equitable they shall be amended so far as may be necessary to render them equitable.

Furthermore, the insured shall, subject to the concurrence of the original insurer, be entitled to retransfer the contract to the original insurer as from the date of the demand. ·

Life in3uranpe.

11. Contracts of life insurance entered into between an insurer

anu a person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war, or by the fact of the person becoming an enemy.

Any sum which during the war became due upon a contract deemed not to have been dissolved under the preceding provision shall be recoverable after the war with the addition of interest at five per cent per annum from ~e date of its becoming due up to the day of payment.

Where the contract has lapsed during the war owing to nonpayment of premiums, or has become void from breach of the conditions of the contract, the assured or his representatives or the persons entitled shall have the right at any time within twelve months of the coming into force of the present Treaty to claim from the insurer the surrender value of the policy at the date of its lapse or avoidance.

Where the contract has lapsed during fue war owing to nonpayment of premiums the payment of which has been prevented by the enforcement of measures of war, the assured or his representative or the persons entitled shall have the right to restore the contract on payment of the premiums with interest at five per cent per annum within three months from the coming into force of the present Treaty.

12. Any .Allied or Associated Power may, within three months of

the comiag !nto force of the present Treaty cancel all the contJ.·acts of insurance running between a German insurance company and its nationals under ~'lO.ditions_ which shall protect its nationals from any prejudice. ·

To this end the German insurance company will band over to the Allied or Associated Government concerned the proportion of its assets attributable to the policies so cancelled and

will be relieved from all liability in respect of such policies. The assets to be handed over shall be determined by an actuary appointed by the Mixed Arbitral Tribunal.

13. Where contracts of life insurance have been entered into by

a local branch of an insurance company established in a country which subsequently became an enemy country, the contract shall, in the absence of any stipulation to the contrary in the contract itself, be govern~d by the local law, but the insurer shall be entitled to demand from the insured or his representatives the refund of sums paid on claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into.

14. In any case where by the law applicable to the contract the

insurer remains bound by the contract notwithstanding the nonpayment of premiums until notice is given to the insured of the termination of the contract, he shall be entitled where the giving of such notice was prevented by the war to recover the unpaid premiums with interest at five per cent. per annum from the insured. ·

15. Insurance contracts shall be considered as contracts of life

assurance for the purpose of paragraphs 11 to 14 when they depend on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the two parties.

J£ anne insurance. 16.

Contracts of marine insurance including time policies am1 voyage policies entered into between an insurer and a person who subsequently became an enemy, shall be deemed to have been dissolvea on his becoming an enemy, except in cases where the risk undertaken in the contract had attached before he. became an enemy.

Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.

Where the risk had attached effect shall be given to the contract notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty.

In the event of any agreement being come to for the payment of interest on sums due before the war to or by the nationals of States which have been at war and recovered after the war, such interest shall in the case of losses recoverable under contracts of marine insurance run from the expiration of a periou of one year from the date of the loss.

17. No contract of marine insurance with an insured person who

subsequently became an enemy shall be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies or associates of such Power.

18. 'Vhere it is shown that a person who had before the war en

tered into a contract of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was not an enemy, the new contract shall be deemed to be substituted for the original contract as from the date when it was entered into, and fue premiums payable shall be adjusted· on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into.

Other insurances. 19.

Contracts of insurance entered into before the war between an insurer and a person who subsequently became an enemy other than contracts dealt with in paragraphs 9 to 18 shall be treated in all respects on the same footing as contracts of fire insurance between the same persons would be dealt with under the said paragraphs.

Re-insurance. 20.

All treaties of re-insurance with a person who became an enemy shall be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine risks which had attached before fue war to the right to recover payment after the war for sums due in respect of such risks.

844 CONGRESSIONAL RECORD-SEN ~tlTE. _JuNE_ 9, '

N 'erthE>Ie if, owing to invasion; it hn.s been impossible for the re-iu 'urcu to find anothe1~ -re-insurer,. the tr aty shall remnin in fot ce until three months aftffi· the: coming into force ot· the pre ent Treaty.

(e) Each Government will pay the remuneration of the mem· ber of the 1\Iixed Arbitral 'l'rihunal appointed by it and of any ageut whom it may appoint to rcpre ent it before .the Tribunal. The remuneration of the Pre- ~idcnt Thill be determined by special agre'elllent between the Governmeuts concerned ; and tbis re-· muneratton and the joint expenses o1 each Tribunal will be paid by the twu Governments in equal moietie .

'Vbere a re-insurance treaty becomes void under this paragraph, tber shall be an adjustment of accounts bet"\veen the parti s in l'e pect both of pre~iums paid and payabl~ an<l of liabilities for lo. ses in respect of life or marine risks which had attached before the wai"". In the case of risks other than those mentioned in paragraphs 11 to 18 the adjustment ot account hall be made- as at the date of the parties tiecoming enemie · without regard to claims for losses which may have '

{f) The Bi'gh ontracting Parties agree to regard the decisions of the J\tlxed' Arbitral Tribunal as final and conclu iYc, and 'to render then1 binilinO' upon their nationals.

occurred since that date. · 21.

The provisions of tl1e preceding paragraph will extend equally to re-insurances existing at the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risks other than -life or marine risks.

22. Re-insurance of life risks effected by particular contracts aml

not under any lreneral treaty remain in force. The provisions of paragraph 12 apply to treaties of re

insurance of life insurance contracts in which enemy companies a~e tile re-insure.rs.

23.'

.ANNEX.

L Should one of the members of the Tribunal either <lie. retire,

or be unable-for any rea. on whatevei· to- cliscba.l'O'e his funetions, the same procedure will !Je foliO\Ted for filling the vacancy as

_,\as followed for nppointfng ·him. 2.

The Tribunal may at.lopt such rule _of proc dure us shall be in accordance with justice _and equity an<l. decide the order and time at which each party mu ·t conclut.le its arguments, and may arrange all formalities require(} for dealiug with the evidence.

3. The. agent and com1. cl of the parties oa each sit.le are author

ized to present orally and.in writing to the tribunnl arguments in support or in defence of each case.

Iu case of a re-insurance effected before the war of a contract 4. of marine insuni.nce, the ce ion of a risk which had been cetled . . to the re-insurer shall, if it had attached before the outbreak .The Tnbunal _ lutl~ k~p recortl of tll. questiOn and ca es- sub-of war, remain valid ami effect be given to the contract not~ ' . Qlltt~d ant.l the proceedings thereon, \ntlt the <l,ate of uch prowith tandinO' the outbreak of war; sums due under the contract c.ee<.ling:s. of rc-iJl~urance in respect either oi premiums or of losses shall 5. be recoverable after the war. Each of the PQJ\er concerned may: appoint a seer tary. The e

- - 24. · se retar.ie shall act together as joint ecretaries of the' Tribunal . .· . . ' . J and shall be subject to its direction. 'l'lte tribunal may appoint

Th_; pron_ 10~s of paragraphs 17 and 18 an<l t~e. last prut of ant.l employ any other necessary officer or officer. to assi tin the par~,_,rap? !G shall apply to contracts for the 1e-msurance of performance of its dutie . marme nsks.

Section VI. Mixed Arbitral Tribunal.

AliTTCLE 304.. (a) 'Vitliln three month from the date of the coming into

fore of the present Treaty, a Mixed Arbitrul Tribunal sllnll be e ·tablishe<.l between each of the Allied and Associated Powers on the one hand an<l Germany on the other han<l. Each such Tribunal shall consist of three members. Each of the Governments concernect ~baH appoint one of these members. The Pre. ident shall be ch0 en by agreement between the two Governments concerned.

In case of failure to reach agreement, the Pre i<lent of the Tribunal an<l two other 11er ons either of whom may in case of need take his place, shall be chosen by the Council of the League of Nations, or, until tilis is set up, by M. Gustave Ador if he is willing. These persons shall be nationals of Powers that have remained neutral dul'ing tile war.

If anv Government does not proceed within a period of one month iu cas there is a vacancy to appoint a member of the 'l'ribunal, such member shall be chosen by the other Government from t.l'le two persons mentionet.l ·above other than the President.

The deci ion of the majority of the members of the Tribunal shall be ti1e decision of the Tribunal.

( u) The Mixed Arbitral Tribunals established pursuant to paragraph (a), shall decide all questions within their competence under Sections III, IV, V and VII.

In addition, all questions, whatsoeYel," their nature, relating to contracts concluded before the coming into force of the present Treaty between nationals of the Allied and Associated Powers and German nationals shall be decided by the Mixed Arbitral Tribunal, always excepting questions \Yhich, under the laws of the AHie<l, Associated or Neutral Powers, are within the jurisdiction of the National Courts of tho e Powers. Such questions shall be decided by the National Courts in question, to the exclu-ion of the l\Iixed Arbitral TTibunnl. The party who is a na

tional of an Allictl or A ociated Power may nevertheless bring the case before the 1Hixec1 ArbitraL Tribunal if this is not prohibited by the la\\·s of his country.

(c) If the number of cases' justifies it, additional members shall be appointed antl each Mixed Arbitral Tribunal shall sit in. <livi ions. Each of these divisions will be constituted as above

(cl) Each Mix€ll Arbitral Tribunal will -settle its own procedure exc pt in o far as it is provided in the following Annex, and i empowered to award the sums to. be paid by the loser in respect of the co ts an<;J. expenses of the proceedings.

G. .The TribunaL shall decide. all que ·tions aml matters ubmitte.-1

upon such evidence and inform.ation a ._ may b fumi bed by the~ parties concerned.

7. Germany agrees to giYe the Tribunal all facilitie and informa

tion required by it for cm-r~~ing out it. inYe tigntion . 8.

The language in which the procee-dings hall be comlucted hall be determined by the Allied or A:: ociated Power concerned .

9. The place and time for the meeting · of each Tribunal shall he

determined by the Allied or A sociated Power concerned. A.ETICL.E 305.

Whenen~.r a competent Tribuual ha given or gives a <l ·ision in a case covered by Sections III, IV, V 01· VII, and such decision i inconsistent with the provi ion of such Sections, the party who i prejudiced by the decision shall be entitled to obtain redress which shall be fixed by the Mixed Arbitral TribunaL At the request of the national of an Allied or Associated Power, the redress may, wheneve-r po ible, be effected by the l\lixed Arbitral Tribunal directing th replacement of the parties in the position occupied by them before the judgment was given by the German Court.

Section VII. Industt·icll property. ARTICLE 30G.

Subject to the stipulations <>f the. pre ent Treaty, rights of indus-trial, literary, mid artistic property, as nell property is defined by the International Conventions of Paris and of Berne, mentioned iJl Article 286, shall -be re-e tnblished or restored. as from the coming into force of the pre ent Treaty, in the territories of the High Contracting Parties, in favour of the persons entitled to the -benefit of them at the moment when the tate of war commenced or their legal repre entatives. Equally, rights which, except .for the war, would have been a.cquired durin.g, the war in COJ?.Sequence of an application made for the protection of industria~ property, or tile publication of ·a literru·y or artis-tic work, shall be recognised and estubli hed 'in favom· of those persons who ' ould ha\e been entitled thereto, from the coming into force of the present Treaty.

Nevertheles~. all acts done by 'virtue of the pecial mea ures thken during- the war under" legislative ex:ecutive o.r administrativH authority of any Alli,ed or Associated Power in regard to the rights of German nationals in indu tt·ial lite1·m·y or

1919. CONGRESSIONAL RECORD~- SENATE. 845 artistic property shall remain in force and ·hall continue to maintain their Tull effect.

~~o claim shall be made or action brought by Germany or German nationals in respe_ct of the use during the war by the GoYernment of any Allied or Associated Power, or by any persons acting on behalf or with the assent of ucll Government of any rights in industrial, literary, or artistic property, nor in re pect of the . ale, offering for .sale, OJ.' use of any_ products, nrtkles, or appnratns wl}atsoever to which such .rights applied.

Unless the legislation of any one of the Allied or Associated Powers otherwise clirect ·, ·sums due or paicl in virtue of any act or o_peration resulting from the execution of the special measures mentio.nep in paragraph I of this article shull :be dealt with iu the .~ arne way as other urns due to German nationnls are directed to be dealt with by the present Treaty; an<l sum!': produce<1 by any special measures taken by the German Government in re pect of rights in industrial, literary, or artistic propert~- belonging to the nationals of the .Allied or .As oeiated Powers shall be considered and treated in the same way u other debts due from German nationaLs. . Each of the Allied an<l Associate<l Powers re eiTe to itself the right to impose such limitations, condition~ , or restrictions on ri~hts of industrial, literary, or artistic property (with the exc('t)tion of trude-marks) ac(}uired before or during the war, or whic·h ruay be subsequently acquired in accordance \Vith its legis:ntion, by German national$, whether by granting licences, or b~· the working, or by preserving control over their exploitation, or in any other way, a-:~ may be considered necessary for national defence, or in the public interest, or for assuring the fair treatment by Germany of the rights of industrial, literary, and nrtistic property held in German territory by its nationals, or for . ecurinrr the due fulfilment of all the obligations undertaken by Germany in the present Treaty.

Each of the Allied or Associated Powers reserves the -right to treat as voi<l and of no effect any transfer in whole or in part of or other dealing with rjghts of or in respect of industrial, literary, or artistic pl'operty effected after August ~. 1914, or in the future, which \YOuld have the result of defeating the objects of the provisions of thiR article.

The: provisions of this article shall not a.pply to right in indu trial, literary, or artistic property which have been dealt with in the liquidation of businesses or companies under war legislation by the Allied or Associated Powers, or which may be so dc>alt with by virtue of Article 297 paragraph (b).

ARTICLE 307. A minimum of one year after the coming into force of the

present Treaty shall be accorded to the nationals of the High Contracting Parties, without extension fees or other· pe.nalty, in or<ler to enable such persons to accomplish any act, fulfil ..any formality, pay any fee , an<l generally satisfy any obligation pre rl"ibed by the law or regulations of the respective States rein ting to the obtaining, presen-lng, or opposing rights to, or in respect of, industrial property either acquired before the 1st August, 1914, or which, except for the war, might have been acquired since that date as a result of an application made be. fore the war or during its continuance, but nothing in this Article shall giYe any right to reopen interference proceedings in the United State. of America where a final hem·ing has taken place. .

All rights in, or in respect of, uch property whlch may have lapsed by rea on of any failure to accompli.sh any act, fulfil any formality, or make any payment, shall revive, but subject in the case of patents and design · to the imposition of £Uch conditions as each Allied or .Associated Power may .(leem reasonably necessary for the protection of persons who have manufactured or made use o:t: the subject matter of ucl1 property while the rights had lapsed. Further, where right· to patents or designs belonging ·to Germ{!.n nationals are revived untler this article, tl1ey shall be subject to the same provisions as would have been applicable to them ,during tho war, as well as to all the provisions of the -pre~ent Treaty. .

The period from the 1st -August, 1914, until the corning into force of the present Treaty shall be excluded in consi<lering the time within which a patent shoulU be worked or n trade mark or design u ed, and it is further agreecl that no patent, regi tered trade mark or design in force on the 1st August, 1914, shall be subject to revocation or cancellation by reason only of the failure to 'vork such patent or use such traue mark _or design for two years after the coming into force of the· pre en t Treaty.

MTICLE 308. The rights of priority, provided by Article IV of the Inter

national Convention for the Protection of Industrial Pl'operty of Paris, of the 20th March, 1883, revised at 'Vashington in

1911 or by any other Co:ovent~on ·or . Statute, for the filing or registration of appVcations for patents or models of utility, and for the registration of trade marks designs and models which hau not expired on the 1st August, 1914, and those which have arisen during the war, or would have arisen but for the \Yar, shall be extended by each of\ the High Contracting Parties in favour of all nationals of the other High Contracting Parties for a period of six months after the coming into force of the present Treaty.

Nevertheless, sucl1 extension shall in no way affect the right of any of the High Contracting Parties or of any person who before the coming into force of the present Treaty was bond fide in possession of any rights of industrial property conflicting with rights applied for ~Y another who claims rights of pr,iority in respect of theru, to exercise such rights by itself or hin,lsel:( personally, or by such agents or licensees as derived their rights from it or him before the coming into force of the presen~ Treaty; and such _persons shall not be amenable to any action or other process of law in respect_ of infringement .

ARTICLE 300. No action shall be brought and no claim made by persons

residing or carrying on business within the ten·itories of Ger-. many on tlie one pq.rt and of the Allied or Associated Powers on the other, or persons wl10 are nationals of such Powers respectiyely, or by any one deriving title during the war from such persons, by rea ·on of any action which has taken place within the territory of the other party between the date of the declaration of war and that of the coming into force (jf the present 'l'reaty, which might constitute an infringement of tbe rights of industrial property or rights of literary and a£tistic property, either existing at any time during the war or revived under~ the provisions of .Articles 307 and 308.

Equally, no action for infringement of industrial, literary or artistic property rights by sucl1 persons shall at any time be pel'lni. sible · in respect of the sale or offering for sale for a period of one year after the signature of the present Treaty in the ten-itories ·of the Allied or Associated Powers on the one band or Germany on the other, of products or articles manufactured, or of literary or m·tistic works published, during the period between the declaration of war and the signature of the present Treaty, or against those who have acquired and continue to use them: It i understood, nevertheless, that this provision shall not apply when the possessor of the rights was domiciled or had an industrial or commercial establishment in the·districts .occupie<l by Germany during the war.

Tbi Article shall not apply as between the United States of America on the one hand and Germany on the other.

AnTICLE 310.

Licence::; in respect of industrial, literary, or arti tic proper(y concluded before the war between nationals of the Allied ot' Associated Power: or per ons residing in their territory or carrying on business therein, on the one part, and German nationals, ou the othe1· part, shall be considered as cancelled as from the date of the declaration of war between Germany and the Allied or Associated Powers. But, in any case, the former beneficiary of n contract of this kind shall have the right, within a period of six months after the coming into force of the pre ent Treaty, to demand from the proprieto1· of the rights the grunt of a new license, the conditions of which, in default of agreement between tho parties, shall be fixed by the duly qualified tribunal in the country under whose legi lation tl1e right hall been acquired, except in the case of licenses hel<l in respect of rights acquil·ed under German law. In such cases the conditions shall be fixe<l by the 1\iixed Arbitral Tribunal refeued to in Section VI of this Part. The tribunal may, if necessary, fix also the amount which it may deem just f:lhould be paid by reason of the use of the rights during the war.

No licence in respect of industrial, literary, or artistic property, granted under the special war legislation of any Allied or Associate(} !'ower, shall be affected by the continued existence of any licence . entered into before the war, but shall remain valid nud of .full effect, and a licence so granted to the forme-r beneficiary of a licence entered into before the war shall be considered as substituted for such licence.

Where sums haYe been pai<l during the war by Yirtue of a licence or agreement concluded before the war in respect of rights of inuustrial p1·operty or for the reproduction or the repre._entatiou of literary, dramatic, or artistic works, these sums shall be dealt with in the ~arne manner as other debt-s or cre<lits of Oe1·man nationals, a-s provided b;r tl1e present Treaty.

Tbi.· Article shall not apply as between .the Uniteu States of America on the one han<l and Germany on the other.

846 CONGRESSION .AL RECORD--SEN ATE. .JUNE 9,

ARTICLE 311. The inhabitants of territories separated from Gei.·many by

virtue of the present Treaty shall, notwithstanding this separatiori and the change of nationality consequent thereon, continue to enjoy in Germany all the rights in industrial, literary, nnd artistic pr01)erty to which they were entitled under German legislation at the time of the separation.

Section XIII. Social and State Insurance in Ceded Tcr1'itory. ARTICLE 312. .

Without prejudice to the provisions contained in other Articles of the prel3ent Treaty the <ierman Government undertakes to transfer to any Power to which German tenitory in Europe is ceded, and to any Power administering former German territory as a mandatory under Article 22 of Part I (League of Nations), such portion of the reserves accumulated by the Government of the German Empire or of German States, or by public · or private organisations under their control, af! is attributable to the carrying on of Social or State Insurance in such territory. · _The Powers to which these funds are transferred must apply

them to the performance of the obligations arising from such insurances. ·

The con:lition of the transfer will be determined by· speCial convention to be conclucle<l between the German Government and the Governments concerned.

- PART XI. AERIAL NAVIGATION.

ARTICLE 313. The' alrci·aft of the Allied and Associated Power shall b. ave

full liberty of passage and landing over and in the territory and territorial waters of Germany, and shall enjoy the same privileges as German aircraft, particularly in case of distress by land or sea.

ARTICLE 314. The aircraft of the Allied and Associated Powers shall, while

in transit to any foreign country whatever, enjoy the right of flying over the territory and territorial waters of Germany without landing, subject always to any regulations which niay be made by Germany, and which shall be applicable equally to the aircraft of Germany and those of the Allied and Associated countries.

ARTICLE 315. All aerodromes in Germany open to national public traffic

shall be open for the aircraft of the Allied and Associa"ted Powers, and in any such aerodrome such aircraft shall be treated on a footing of equality with German aircraft as regards charges of every description, including charges for landing and accommodation.

ARTICLE 316. Subject to the present provisions, the rights of passage

transit and landing, provided for in Articles 313, 314 and 315' are subject to the observance of such regulations as Germany may consider it necessary to enact, but such regulations shall be applied without distinction to German aircraft and to the aircraft of Allied and Associated Countries.

ARTICLE 317. Certificates of nationality, airworthiness, or competency and

licences, issued or recognised as valid by any of the Alli~d or Associated Powers, shall be recognised in Germany as valid and as equivalent to the certificate.s and licences issued by Germany.

AnTICLE 318. As regards internal commercial air traffic, the aircraft of

the Allied and Associated Powers shall enjoy in Germany most favoured nation treatment.

ARTICLE 319. Germany undertakes to enforce the necessary measures to

ensure that all German aircraft flying over her territory shall eomply with the Rules as. to lights and signals, Rules of the .Air and Rules for Air Traffic on and in the neighbourhood of aerodromes, which have been laid down in the Convention relative to .Aerial Navigation concluded between the Allied and Associated Powers.

ARTICLE 320. The obligations imposed by the preceding pronswns shall

remain in force until the 1st January 1923, unless before that date Germany shall have been admitted into the League of Nations or shall have been authorised, by consent {)4 the Allied and Associated Powers, to adhere to the Convention relative to Aerial Navigation concluded between those Powers.

----··- --- ----=---PART XII.

PORTS, WATERWAYS AND RAILWAYS.

Sectio-n I. General provisions. ARTICLE 321.

Germany undertakes to grant freedom of tran lt through ller territories on the routes most convenient for international transit, either by rail, navigable waterway, or canal, to persons, goods, vessels; carriages, wagons and mails coming from or going to the territories of any of the Allied and Associated Powers (whether contiguous or not) ; for this purpose the crossing of territorial waters shall be allowed. Such persons, goods, vessels, ~rriages, wagons and mails shall not 1:?~ s~bjected to any transit duty or to any undue <lelays or restriction::;, and shall be entitled in Germany to national treatment as regards charges, facilities, and all other matters.

Goods in transit shall be exempt from all Customs or other similar duties.

All charges imposed on transport in tran it shall be rea onable, having regard to the conditions of the traffic . . No charge, facility or restriction shall depend <lirectly or indirectly on the ownership or on the nationality of the ship or other means of transport on which any part of the through journey hns been, or is to be, accomplished.

ARTICLE 322. Germany undertakes neither to impose nor to maintah1 any

control over transmigration traffic through her territories beyond measures necessary to ensure that passengers are bona fide in transit; nor to allow any shipping company or any other private body, corporation or person intere ted in the traffic to take any part whatever in, or to exerci e any direct ot· indirect influence over, any administrative ervice that may be nece.sary for this purpose.

AnTICLE 323. Germany undertake to make no discrimination or preference,

direct or indirect, in the duties, charges and prohibitions relating to importations into or exportations from her territorie ·, or, subject to the special engagement containe<l in the pre. ent Treaty, in the charges and conditions of transport of goods or persons entering or leaving her territories, based on the frontier crossed ; or on the kind, ownership, or flag of the mean of transport (including aircraft) employed; or on the original or immediate place of departure of the ves el, wagon or aircraft or other means of transport employed, or its ultimate or intermediate destination·; or on the route of or places of trnnsshipment on the journey; or on whether any port tlu·ough whi<:h. the goods are imported or e}.'JlOrted is a German port or n port belonging to any foreign country or on whether the good nrc imported or exported by sea, by land or by air.

Germany particularly undertakes not to establi h against the ports and vessels of any of the Allied and As ociated Powe1· any surtax or any direct or indirect bounty for export or import by German ports or vessels, or by those of another Power, for example by means of combined tariffs. She further undertakes that persons or goods passing through a port or usin"' a vessel of any of the Allied and Associated Powers shall not be subjected to any formality or delny whatever to which such persons or goods would not be subjected if they pa sed through a German port or a port of any other Power, or used a German vessel or a vessel of any other Power.

ARTICLE 324. All necessary administrative and technical measures shall

be taken to shorten, as much as possible, the transmis ion of goods acros~ the German frontiers and to ensure their forwm~ding and transport from such frontiers, irrespective of whether such goods are coming from or going to the territories of the Allied and Associated Po\vers or are in transit from or to those territories, under the same material conditions in such matters as rapidity of carriage and care en 1·oute as m·e enjoyed by other goods of the same kind carried on German territory under similar conditions of transport.

In particular, the transport of peri hable good shall be promptly and regularly carried out, and the cu toms formalities shall be effected in such a way as to allow the good to be carried straight through by trains which pmke connection.

ARTICLE 325. Germany undertakes not to take any measures the effect of

\Yhich would be to diYert traffic of any kind from its normal itinerary for the benefit of her o"·n transport routes.

AUT1 C LE 326. '.rhe seaport.· of the Allied and .Associatetl Powers nre entitlf'<l

to all favours and to nil reuuced tariffs grni:ltcd on German

1919. CONGRESSIONAL RECORD_;SENATE. 847

rail ways or navigable waterways for the benefit of German port · or of any_ port of another Power.

Gel'many may not Tefuse to participate in the tariffs or C()mbinations of tariffs intended to secure for ports of any 9f the .Allie<~ and A.J ociated Powers advantages similar to those granted by Germany to her own ports or the ports of any. other Power.

Section II. Nal:i[Jation. Chapter 1. Pt·eedorn of navigation.

ARTICLE 327.

Germany shall draw up the necessary regulations to secure ·and guarantee such freedom of transit over such railways and .wateTways in her territory as normally give nccess to the ..free zone. (Jltapter III. Clauses relatinn to the Elbe, the Odcr, the Nie-mcn (Russ-

- strorn-Me1nel-Nien1.eu) and the Dam1be. (1) Genet"'al clauses.

ARTICLE 331. The following rivers are declared international:

the Elbe (Labe) from its confluence with the ""Vlt:l\:l

Tile nationals of any of the Allied and Associated Powers as 1

:

well as their •essels !lnd property shall enjoy in ·all <rer~a~ , · ports and on the inland navigation routes of Gerinany the same treatment in · nil respects as German nationals, vessels and property.

_ (Mold au), .and the Vltavu (Moldau) from Prague; t~e Oder (Odra) from its confluence with the Oppa; the Niemen (Russstmm-.Uemel-Niemen) from Grodno; the· Danube from illm ;

In particular the vessels of any one of the Allied or A.ssociate<l Power shall be entitled to transport goods of any description, and passengers, to or from any ports o'r places in ' German ~erritory to which German vessels may have access, l.mdet· cthditions which shall not be more onerous than those applie<l in the case of national vessels; they shall be treated ou a footing of equality with national vessels as regards port and : harbour facilities and charges of every description, including facilities for stationing, loading and unloading, and duties and charges of tonnage, harbour, pilotage, lighthouse, quarantine, and all nnalagous duties and charges of whatsoever nature, levied in the name of or for the profit of the Government, public functionaries, private individuals, corporations or establishments of any kino.

In the event of Germany granting a preferential regime to any of the Allied or Associated Powers or to any other foreign · Power, this regime shall be extended immediately- and unconditionally to all the Allied and• Associated Powers.

There shall be na impediment to. the movement of persons or Yessels other than those arising from prescriptions concerning customs, police, sanitation, emigration and immigmt:lon, and those relating to the import and export of prohibited goods. S1.ich regulations must be reasonable and uniform and must not impede traffic unnecessarily.

Chapter £. Fn:e ::ones in ports.

ARTICLE 328. The free zones· existing in German ports on the 1st August,

1914, shall be .maintained. These free zones, and any other free zones which may be established in German territory by the present Treaty, shall be subject to the regime proVided for in the following Articles.

Goods entering or leaving a free zone shall not be subjected to any import or e:\.'"POrt duty, other than those pro'\"ided for in Article 330.

Ve. sels and goods entering a free zone may be subjected to the charges established to cover expenses of administration, upkeep and improvement of the port, as well as to ·the charges for the use of •arious installations, provi~ed that these charges shall be reasonable having regard to the expenditru·e incurred, ancl shall be levied in the conditions of equality provided for in Article 327.

Goods shall not l>e subjected to any other charge except a statistical duty which shall not exceed 1 per· mille ad valorem, and which shall be devoted exclusiyely to d~fra'ying the expense. of compiling tatements of the traffic in the port.

ABTICLE 329. Tl1e facilities granted for the erection of warehouses, for

packing and for unpacking ·goods, shall be in accordance' with trade requirements for the time being. All goods allowed to be consume~ in the free zone shall be exempt" from duty, whetb.er of excise or of any other description, apart from th~ statistical duty provi~ed for in •Article 328 above, _

There s~all b_e no ~crimination _ in Tegard .to . any of the provisions of tb.e present article bet~een persons belonging to different nationalities or between goods_ of ~liferent ptigin or destination.

ARTICLE .330.

Import duties mas·· be levied on goods leaving the free zone for consumption -in the co1.mtry on · the territory of which the port is situated. Conversely, . export duties may be levied on goods coming from such country · r!-lld brought into the free zone. These import and export duties shall be levied on the same basis .and at the same rates as similar duties levied at ' the o"ther Customs frontiers of the ·country concerned. On the othe1.· hand, Germany shall not levy, under any denomination, any import, export or trausit duty nn goods carried by lana or water across her territory to or from the free zone from or to any other State.

and .all navigable parts ~f these river systems which naturally prQvide more than one State with access to the sea, with or without transhipment from one -,essel to another; together with la~eral canals and channels constructed either to duplicate o~ to improve natur.ally navigable sections of the specified river system, or to connect hvo naturally navigable sections of the same river.

The same shall_ apply to th~ Rhine-Danube navigable waterway. should -such a waterway be constructed under ·the eonditions _laid down in . Article '353.

ARTICLE 332. On the waterways declared to be international in the pre

ceding AI·ticle, the nationals, property and flags of all Powers shall be treated on a footing of perfect equality, no distinction being made to the d-etriment of the nationals, property or ling of any PoweT between them and the nationals, property or 1htg nf the riparian State itself or of the most favoured nation. · ,

Nevertheless, German vessels shall not be entitled to carry -pnssengers oi· goods by· regular services between the ports of any Allied or Associated Power, without special authority from such Power. :

ARTicLE 333. Where such charge.· are not precluded by any existing -.con

ventions, cba.rges-varying on different sections of a river may be levied on vessels using the navigable channels or their ap·-proaches, provided that they are intended solely to cover equitably the cost of maintaining in a navigable condition, or of improving, the ri"ver and its approaches, or to meet expenditure incurred in the interests of navigation. The schedule of such charges shall be calculated on the basis of such expenditure and shall be posted .up in the ports. These charges shall be levied lri such a manner , as to render any detailed examination of cargoes unnecessary, except in cases of suspected fraud or contravention. ·

ARTICLE 334. The transit of -,essels, passengers and goods on these water

ways shall be effected in accQrdance with the general condi-tions prescribed for transit in Section I .above. .

When the two banks of an international river are within the same State goods in transit may be placed under seal or in the custody of customs agenns. When the river forms a .frontleT goods and passengers in transit shall be exempt from all Cfi$j;oms formalities; the loading and unloading of goods, and the embarkation and disembarkation of passengers, shall only take place in the ports specified by the riparian St~te~

.AnTICLE 335. No dues of any kind other than those provided for in the

present Part shrill be levied along the course or at the mouth of these rivers.

This provision shall not prevent the fixing by the riparian States of customs, local octroi or consumpti-on duties, or the creation of reasonable and uniform charges levied in the ports, in accordance 'vith public tariffs, for the use of cranes, eleyators, quays, warehouses, etc.

ARTICLE 336. In default of any special organisation for carrying out the

works connected with the upkeep and improvement of the international po1·tion o.f a navigable system, each riparian: State shall be bound to take suitable measures to ·remo-ve anY, obstacle or danger to na\igation and to ensure the maintenance of good conditions of navigation.

If a Stq.te neglects to comply with this obligation any riparian State, or any State represented on the International Commission, if there is one, may -appeal to the tribunal "instituted for this purpose by the League of Nations.

4-RTICLE 337. - The sanie - l}rocedure 'shttll be followed in the case of a riparian State undertaking any works of a nature to impede navigation in the international section. The tribunal mentioned

848' CONGRESSIONAL RECORD-SENATE·~ JuNE 9, -

in the preceding article ·shall be entitled · to enfo:rce the suspension or suppression of such works, n;~aking due allo"'ance ' in its decisions for all rights in connection with irrigation, water-power, fisheries, and other national interests, which, with the consent of all .the riparian States or of all the States represented on the International Commission, if there is one, shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of the works.

ARTICLE 338. The regime set out in A~ticles 332 to 337 above' shall be super

seded by one to be laid down in a General Convention drawn up by the Allied and Associated Powers, and approved by the League of Nations, relating to the waterways recognised in such Convention as having 'an international character. This Convention shall apply in particular to the whole or part of the above-mentioned river systems of the Elbe (Labe), the Oder ( Odm), the Niemen (Ru,ssstrom-Memel-Niemen), and the Danube, and such other parts of these river systems as inay be covered by a general definition.

Germany undertakes, in accordance with the · provisions of Article 379, to adhere to the said General Convention as well as to all projects prepared in accordance with Article 343 below for the revision of existing international agreements and regulations.

ARTICLE 339. Germany shall cede to the .Allied and Associated Powers con

cer~~d, _ within a maximum period of three months from t~e date on which noti.ftcation shall be given her, a proportio~· of the, t~gs and _ v'essels remaining registered in the ports of the river systems referred to in Article 331 after the deduction of those· ·surrendered by way of restitution or reparation. Germany shall in the same way ced~ material of all kinds necessary to the .Allied and Associated Powers concerned for the utilisa-tion of those river systems. .

The number 'of the tugs and boats, and the amount of tho material so ceded, and their distribution, shall be determined by an arbitrator or arbitrators nominated by the United States ' of America, due regard being had to the legitimate needs of the parties concerned, and particularly to the shipping traffic during the five years preceding the war. .

All craft so ceded shall be provided with their fittings and gear, shall be in a good state of repair and in condition to carry goods, and shall be selected from among those most recently built.

The cessions provided for in the present article shall entail a credit of which the total amount; settled in a lump sum by the arbitrator or arbitrators shall not in any case exceed the value of the capital expended in the initial establishment of the material ceded, and shall be sef o:f! against the total sums due from Germany·; in consequence,• the indemnification of the proprietors shall be a matter for Germany to deal with. (2) Special Clauses r elating to the Elbe, the Ode1· and the Niemen

(Russstrom-Jl emel-Niemen).

ABTICLE 340. The Elbe (Labe) shall be placed under the administration of

an International Commission which shall ~omprise: 4 representatives of the German States bordering on·the

river· 2 repre~entatives of the Tchecko-Slovak State; 1 representative of Great Britain ; 1 representative of France; 1 representative of Italy; 1 representative of Belgium. 1.

Whatever be the number of members present, each delegation shall have the right to record a number of votes equal to the number of representatives allotted to it

If certain of these representatives cannot be appointed at the time of the coming into force of the present. Treaty, the decisions of the Commission shall nevertheless be valid.

ARTICLE 341. The Ouer ( Odra) shall be placed under the administration of

. an International Commission, which shall comprise: 1 representative of Poland; 1 representative of Prussia; 1 representative of the Tchecko-Slovak State; 1 representative of Great Britain; ' 1 representative of France; 1 representative of Denmark; 1 representative of Sweden • . ·

If certain of these representatives cannot be appointed at the time of the coming mto force -of the · present Treaty, the de· cisions of the Commission shall nevertheless be valid. ·

· ARTICLE 342. : On a request being made to the League of Nations by any

riparian State, tl1e Niemen (Russstt·om-Mentel-Nicmen) shall be placed . under the adminisfrHfion of an International Commission, which shall comprise on_e representative · of each "riparian State, and three representatives ·or other States speci-fied by the League of Nations. 1

AnTICLE ·343. The International Colilli:I.issions referred to in Articles 340

and 341 shall meet within three months of the date of the coming into force of · the present · T-reaty. · The International Commissimi referred to iri Article 342 shall meet within three months from tl1e date· of the 1~equest made by n ripanan State. Each of these Commissions shall proceed immediately to prepare a project for the revision o~ tile existing international agreements and regulations, drawn up in conformity with tne General Convention referred to in Article 338, should such Convention have been already concluded. In the nbsetl.cc of such Convention, the project for revision sh~ll be in conformity · with the principles of Article~ 332 to 337 abo-re.

ARTICLE 344. The projects refeTred to in the preceding Article shall, inter

aU a: (a) designate the headquarters of the International Commis

sion, and prescribe the manner in which its President is to lJc nominated;

(b) specify the extent of the Commission's powers, particularly in regard to the execution of works of maintenance, control, and improvement on the river system, tbe financial regime, the fixing and collection of charges, and regulations for navigation;

(c) define the sections of the river or its tributaries to which the international r~gime shall be applied.

ARTICLE 345. The international agreements and regulations at present gov

erning the navigation of the Elbe (Labe), the Oder (Odra), and the Niemen (R1Msstrom-Memel-Niemen) shall be proYisionally maintained in force until the ratification of the abovementioned projects. Nevertheless, in all cases where such agreements and regula tlons in force are in conflict with the pronsions of Articles 332 to 337 above, or of the General Convention to be concluded, the latter provisions shall prevail.

(3) Special Clause• relating to the Danube.

ARTICLE 346. The European Commission of the Danube reassumes the pow

ers it possessed before the war. Nevertheless, as n provisional measure, only representatives of Great Britain, France, Italy and Roumania shall constitute this Commission.

ARTICLE 347. From the point . where the competence of the European Com

mission ceases, the Danube system referred to in Article 331 shall be placed under the administration of an International Commission composed as follows :

2 representatives of German riparian States; 1 representative of each other riparian State; 1 representative of each non-riparian S~ate representetl

in the future on the European Commi. sion of the Danube.

If certain of these representatives cannot be appointed at tile. time of the coming into force of the present Treaty, the decisions of the Commission shall nevertheless be valid.

ARTICLE 348. The International Commission provided for in the preceding

Article shall meet as soon as possible after the coming into force of the present Treaty, a.nd shall lmdertake _provisionally the administration of the river . in conformity with the provisions of Articles 332 to 337, until such time as a definitive statute regarding the Danube is concluded by the Powers nomi-nated by the Allied and Associated Powers. ·

ARTICLE 349 . Germany agrees to accept the regime which shall be laid down

for the Danube by a Conference of the Powers nominated by the Allied arid Associated Powers, which shall meet within one year after the coming into force of the present Treaty.

ARTICLE 350. The mandate given by Article 57 of the Treaty . of Berlin

of the 13th July, 1878, to Austria-Hun6ary, and transferred by her to Htingary, to carry out works at th~ Iron Gates, is abrogated. The Commission entrusted with the administration of this part of the river shall lay down provisions for the settle-

1919. CONGRESSIONAL RECORD-SEN ATE. "849 ment of accounts subject to the financial provisiop.s of the present Treaty. Charges which may be necessary shall in no case be le\ied by Hungary.

ARTICLE 351. Shoul<l the Tchccko-Slovak State, the Serb-Croat-Slovene

State or Roumania, with the authorisation of or under mandate from the International Commission, undertake maintenance, improvement, \Yeir. Or other works on a part ·of the river SyStem which forms a frontier, these States shall enjoy on the opposite bank, and also on the part of the bed which is outside their territory, all necessary facilities for the survey, execution· and maintenance of such works.

ARTICLE 352. Germany shall be obliged to make to the European Commis~

sion or the Danube all restitutions, repnations and indemnities for damages inflicted on the Commission during the war.

ARTICLE 3.t)3. In the event of all the Allied and Associated Powers represented

on the Central Commission for the Rhine and on the International Commission charged with the administration of the Upper Danube respectively deciding within 25 years from the comin~ into force 00: the present Treaty upon the creation of a deepdraught Rhine-Danube navigable waterway, Germany shall be bound to construct such waterway in accordance with plans to be communicated to her by the said Powers.

For this purpose the Central Commission for the Rhine shall have the right to undertake all necessary surveys.

Should Germany fail to carry out all or part of the works, the Central Commission for the Rhine shall be entitled to carry them out instead. "

For this purpose the Commission shall be qualified to decide upon and fix the limits of the necessary sites and to occupy the ground after a period of 2 months after notification, subject to the payment of indemnities to be fixed by the Commission and pa.id by Germany. . .

. This navigable waterway shall be placed under the same administrative regime as the Rhine itself, an•l the distribution of the initial cost of construction, including the above indemnities, among the States concerned, shall be made by a tribunal to be appointed by the Council of the League of Nations.

Ohapter IV. Olauses ,-elating to "the Rhine ana the Hoselu. . .AnTtCLE 354.

As from the coming into force of the present Treaty, the Convention of Mannheim of 17th October, 1868, together with the Final Protocol thereof, shall continue to govern navigation on the Rhine, subject to the conditions hereinafter laid down.

In the event of any provisions of the said Convention being in conflict with those laid down by the General Convention referred to in Article 338 (which shall apply to the Rhine) the provisions of the General Convention shall prevail.

Within a maximum period ..of six months from the coming into force of the present Treaty, the Central Commission referred to in .Article 355 shall meet to draw up a project of revision of the Convention of Mannheim. This project shall be drawn up in harmony with the provisions of the General Convention referred to above, should this have been concluded by that time and shall be submitted to the Powers represented on the Centrai Commission. Germany hereby agrees to adhere to the project so drawn up.

Further, the modifications set out in the following articles shall immediately be made in the Convention of Mannheim.

The Allied anrl Associated Powers resel've to themselves the right to arrive at an understanding in this connection with Holland, and Germany hereby agrees to acceed if required to any such understanding.

ARTICLE 355. The Central Commission provided for in the Convention of

l\1annheim shall consist of nineteen members, viz. : Two representatives of the Netherlands; Two representatives of Switzerland; Four representatives of German riparian States; Four representatives of France, which in addition shall ap-

point the President of the Commission; Two representatives of Great Britain; Two representatives of Italy; Two representatives of Belgium. The headquarters of the Central Commission shall be at

Strasburg. Whatever be the number of members present, each Delega

tion shall have the right to record a number of votes equal to the number of representatiws allotted to it.

LVIII--54

If certain of these representatives cannot be appointed at the time of the coming into force of the present Treaty, the decisions of the Commission shall nevertheless be yalid.

ARTICLE 356. Vessels of all nations, abd their cargoes, shall have the same

rights and privileges as those '""hich are granted to vessels belonging to the Rhine navigation, and to their cargoes.

None of the provisions contained in Articles 15 to 20 and ~6 of the above-mentioned Convention of Mannheim, in Article 4 of the Final Protocol thereof, or in later Conventions, shall impede the free navigation of vessels and crews of all nations on the Rhine and on waterways to which such Conventions apply, subject to compliance with the regulations concerning pilotage and other police measures drawn up by the Central Commission.

The provisions of Article 22 of the Convention of Mannheim and of Article 5 of the Final Protocol thereof shall be applied only to vessels registe1;ed on· the Rhine. The Central Commission shall decide on the steps to be taken to ensure that other vessels satisfy the conditions of the general regulations applying to navigation on the Rhine.

ARTICLE 357. Within a m"aximum period of three months fmm the d.ate

on which notification shall be given Germany shall cede to France tugs and vessels, from among those remaining regi. -tered iJ}. German Rhine ports after the deduction of those sur- ~ rendered by way of restitution or reparation, or shares in German Rhine navigation companies.

When vessels and tugs are ceded, such vessels and tugs, together with their fittings and gear, shall be in good state of repair, shall be in condition to carry on commercial traffic on the Rhine, and shall be selected from among those most recently built.

The same procedure shall be followed in the matter of the cession by Germany to France of- ·

(1) the installations, berthing and anchorage accommodation, platforms, docks, warehouses, plant, etc., which German subjects or German companies owned on the 1st August, 1914, in the port of Rotterdam, and

(2) the shares or interests wllich Germany or German nationals possessed in such installations at the same date.

The amount and specifications of such cessions shall · be determined within one year of the coming into force of the present Treaty by an arbitrator or arbitrators appointed by the United States of America, due regard being had to the legitimate needs of the parties concerned.

The cessions proYided for in the present article shall entail a credit of which the total amount, settled in a lump sum by the arbitrator or arbitrators mentioned above, shall not in any case exceed the value o! the capital expended in the initial establishment of the ceded material and installations, and shall be set off against the total sums due from Germany; in consequence, the indemnification of the proprietors shall be a matter for Germany to deal with.

ARTICLE 358. Subject to the obligation to comply with the provi ions of

the Convention of Mannheim or of the Convention which may be S1}bstituted therefor, and to the stipulations of the pre ent Treaty, France shall have on the whole course of the Rhine included between the two extreme points of the French frontiers-

(a) the right to take water from the Rhine to feed navigation and irrigation canals (constructed or to be constructed) or for any other purpose, and to execute on the German bank all works necessary for the exercise of this right: .

(b) the exclusive right to the power delived from works of regulation on the river, subject to the payment to Get·many of the value of half the power actually produced, this payment, which will take into account the cost of the works necessary for producing the power, being made either in money or in power and in default of agreement being determined by arbitration. For this purpose France alone shall have the right to carry out in this part of the river all works of regulation (weirs or other works) which she may consider necessary for the production of power. Similarly, the right of taking water from the Rhine is accorded to Belgium to feed the Rhine-Meuse canal proYlde<l for below.

The exercise of the rights mentioned under (a) and ( v) of the present Article shall not interfere with navigability nor reduce the facilities for nayigntion, either in the bed of the

850 CONGRESSIONAL RECORD-- SENATE. JUNE 9,

lllline or in the derivations which may be substituted therefor, nor shall it inyol>e any increase in the tolls formerly levied under the Con>ention in force. All proposed schemes shall be laiLl before the Central Commission in order that that Commis ·ion may a ·sure itself that these conditions are complied· with .

To ensure the proper and faithful execution of the proTisions contained in (a) ancl (b) above, Germany :

(i) binds her elf not to undertake or to allow the construction of any lateral canal or an.y derivation on the right bank of the river opposit the French frontiers;

(il) recognises the posse ·sion by France of the right of support on and the right of way over all lands situated on the right bank which may be required in order to survey, to build, and to operate weirs which France, with the consent of the Central Commi sion, may subsequently decide to establish. In accordance with such consent, France shall be entitled to decide upon and fix the limits of the necessary sites, and she shall be permitted to occupy such lands after a period of two months after simple notification, subject to the payment by her to Germany of 'indemnities of which the total amount shall be fixed by the Central Oommis ion. Germany shall make it her business to indemnify tb:e proprietors whose property will be burdened with such ni.tudes or permanently occupied by the works.

Should Switzerland o demantl, and if the Central Commission npproves, the same rights shan be accorded to Switzerland for the part of the river forming her frontier with other riparian States;

(iii) shall hand owr to the French Government, during the moutll following th coming into force of the present Treatj·, ali project , design , drafts of conce ion. and of specifications concerninog the regulation of the Rhine for any purpose whatever which ha>e been dru\Yn up or received by the Go>ernment. · of Alsace-Lorraine or of the Grund Duchy of Baden.

ARTICLE 359. Subject to the preceillng provi ioru;J no works sha.ll be cur

ried out in the bed or on either bunk of the Rhine where it forms the boundary of France and Germany without the pre\"iOtL approval of the Central Commission or of its agents.

ARTICLE 360. France resenes the option of substituting herself us regards

toe right and obligations resulting from agreements arrived at l>etween the Government of Alsace-Lorraine and the Grund Duchy of naden concerning the works to be carried out on the Hhine ; she may also denounce such agreements within a term. of fi-r-e years dating from the coming into force of the pre ent Treaty.

France shall also ha>e the option of causing works to be ea.rri d out which may be recognised as necessary by the Central Commission for the upkeep or improvement of the naYigability of tl1e Rhine aboTe l\1u.nnheim.

ARTICLE 361. Shoulu Belgium, within a period of 25 years from the coming

into force of the present Treaty decide to create a deep-draught Rhi.ne-l\Ieuse navigable waterway, in the region of Ruhrort, Germany shall be bound to construct, in accordance with plans to· be communicated to her' by the Belgian Government, after agreement with the Central Commission, the portion of this navigable waterway situated within her territory.

The Belgian Government shall, for this purpose, ha\e the right to carry out on the ground all necessary surveys.

Should Germany fail to carry out all or part of these works, the Central Commission shall be entitled to cm·ry them out instead ; and, for this purpo e, the Commission may decide upon and fix the limits of the necessary sites and occupy the ground after a period of t\vo months after simple notification, subject to the payment of indemnities to be fixed by it and paid by Germany.

This navigable waterway shall be placed under the same administrative regime as the Rhine itself, and the division of the cost of initial constructiqn, includng the above indemnities, among the States crossed th :reby shall be made by the Central Commi sion.

.A.RTICLE 362. Germany hereby agrees to offer no objection to any proposals

of the Cenh·al Rhine Commission for extending its jurisdiction: (1) to the Moselle below the Franco-Luxemburg frontier

down to the Rhine, subject to the consent of Luxemburg; (2) to- the Rhine above Basl(} up to the Lake of Constance,

subject to the consent of Switzerland; · (3 to the ·lateral canals ancl channels which may be estab

lished either to duplicate or to improve naturally navigable

sections of the Rhine or the Moselle, or to connect two naturally navigable sections of these rivers, and also any other parts of the Rhine river system which may be covered ·by the General Convention provided for in Ati:icle 338 above. Chapter V. Clauses giving to the Toheeko-Slo·ral· State the ttse of

110rtlicrn port , · ARTICLE 363. . .

In the ports of Hamburg. and Stettin Germany shall leas to the Tchecko-Slovak St-ate, for a period of 99 years, areas which shall be placed under the general regime · of free zones and shall be used for the direct transit of good coming from or going to that State.

ARTICLE 364. The delimitation of these areas, and their equipment, their

exploitation, and in general all conditions for their utilisation, including the amount of the rental, shall be decided by a Oommision consisting of one delegate of Germany, one delegate of the Tchecko-Slovak 'State aad one delegate of Great Britain. These conditions shall be susceptible of revision e\ery ten -years in the same manner.

Germany declares in. advance tl1at she '\ill adhere to the de-cisions so taken.

Section III. Railu:a ys. Chapter I. Clauses t·elating to international t1·ansp01·t.

A.nTICLE 365. Goods ct>ming from tl..le territori-es of th Allied and A.-:o

ciatecl Powers, and going to Germany, or in transit througll Germany from or to the ·territories of the Allied and As ociatcd Powers, shall enjoy on the German railways as r garcls charges to be collected (rebate and drawbacks being taken into account), facilities, and all other matters, the most fa>ourable treatment applied to goods of the sum kind earried on. any German line , either in internal traffic, or for export, import or in transit, under similar conditions of transport, for example as regards length of route. The same rule shall be applied, on the request of one or more of the Allied and Associated Powers, to goods specially designated by such Power or rowers coming from Germany and going to tl1eir territories.

International tariffs established in accordance with the rates referred to in the preceding paragraph and involving through way-bills shall be established when one of the Allied and t\..: ociated Po""ers shall require it from Germany.

ARTICLE 366. From the coming into force of the present Treaty the High

Contracting Parties shall renew, in so far us concerns them and tmder the reserves indicated in the ·econd paragraph · of the· present Article, the conventions and arrangements · signed at Berne on the 14th Qctober~ 1890, the 20~ September, 1893, the 16th July, 1895, the 16th June, 1898, and the 19th September, 1906, regarding the transportation of goods by rail. ·

If within five years from the date of the coming· ill to force of the present Treaty a new convention for the transportation of passengers, luggage and goods by ruii shall have been concluded to replace the Berne Con,-ention o{ the 14th October 1890 and the subsequent additions referred to above, this .new convention and the supplementary provisions for international transport by rail which may be based ori it shall bind Germany, ev~ if she shall have r~ ed to take part in the preparation of the convention or to subscribe to it. Until a new convention shall have been concluded, Germany shall conform to the provisions of the Berne Convention and the subsequent additions referred to abo>e, and to the current · supplementary provisions.

ARTICLE 367. Germany shall be bound to co-operate in the establisllment of

through ticket services (for passengers and their luggage) which shall be required by any of the Allied and Associated Powers to ensure their communication by rail with each other and with all other countries by transit across the territorie · of Germany ; in particular Germany shall, for this purpose, accept trains and carriages coming from the territories of the Allied and Associated Powers and shall forwaJ;d them wi~h a peed at least equal to that of her best long-di tance trains on the same lines. The rates applicable to such tlu'Dugh services shall not in any case be higher than the rates collected on German internal services for the same di tance, under the same conditions of speed and comfort.

The tariffs applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from ports of the Allied and Associated Powers and using the German railways, shall not be at a higher ldlometric rate than the most favourable ~ariffs (dmwhack and rebates being taken into account) enjoyed on the snid railways by emir,rants going to or coming from any other ports.

lBlD. CONGRESSION ... L\.L RECORD-SEN ATE. 851 AHTICLE 36S.

Germany sllall not apply specially to such through services, · or to the transportatio:« of emigrants going to or coming from the ports of the Allied and Associated Powers, any technical,_ fiscal or administrative measures, such as measures of customs examination, general police, sanitary police, and control, the result of which would be to impede or delay such sen·ices.

ARTICLE 369. In case of transport partly by rail and partly by internal navi

gation, with or without tln·ough way-bill, the preceding Articles sha II apply to the part of the journey performed by rail.

Glwpter II. Rolling-stock. AUTICLE 370.

Germany undertakes that German wagons shall be fitted with apparatus allowing: .

(1) of their inclusion in goous trains on the lines of such of the Allied and Associated Powers as are parties to the Berne

onYention of 1\lay 15, 1886, as modified on May 18, 1907, without •hampering the action o.f the continuous brake which may be adopted in such countries within ten years of the coming into force of the present Treaty, and

(2) of the acceptance of wagons of such countries in all goods trains on the German lines.

The rolling stock of the Allie6 and As:·ociated Powers shall enjoy on the German lines the same treatment as German rolling stock as regards rnoYement, upkeep and repairs.

Chapter III. Cessiolls of 1·aaway lines.

ARTICLE 371. Subject to any special provisions concerning the cession of

ports, waterways and raihntys situated in the territories over which Germany abandons ber so>ereignty, and to the financial conditions relating to the concessionnaire and. the pensioning of the personnel, the cession of railways will take place under the followig conditions :

1. The works and installations of all the railroads shall· be hnnded over complete and in good condition.

2. When a railway system possessing it own rolling-stock is handed oYer in its entirety by Germany to one of the Al.l.ied nn<l As ociated Pow·ers, such stock shall be handed over complete, in accordance with the last inventory before November 11th, 1918, and in a normal state of upkeep.

3. As regards line without any special rolling-stock, Commission. of experts designated. by the Allieu and Associated Po"·er , on which Germany shall be represente<l, shall fix the proportion of the stock existing on the system to which those lines belong to be handed over. The e ommissions shall have regard to the amount of the material registered on these lines in the last inventory before November 11th, 1918, the length of track ( si<lings included), and the nature and amount of traffic. These Commissions hall also specify the locomotives, carriages and wagons to be handed. OYer in each case; they shall decide upon the conditions of their acceptance, and shall make the proYisional arrangements necessary to ensure their repair in Ger-man workshops. ·

4. Stocks of stores, fittings and plant shall be handed over under the same conditions as the rolling-stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines of former Russian Poland converted by Germany to the German gauge, such lines being regarded as detached from the Prussian State Sy tern. -

Chapter IV . . PI"O'I:isions 1·elating to certain t·ailtoay lines.

ARTICLE 372. When as a result of the fixing of new frontiers a railway con

nection between two parts of tile same country crosses another country, or a branch line from one country has its terminus in :mother, the con<l.ition · of working, if not specifically provided for in ·the present Treaty, shall be laid down in a convention between the railwav aclmini~trations concerne<l. If the administrations cannot come to an agreement as to the terms of such convention, the points of dilterence shall be decided by commissions of experts composed as provided in the preceding Article.

ARTICLE 373. In the absence of any special agreement , Germany shall be

bound, within a period of 25 years from the coming into force of the present Treaty, to ::illow, on the request of one of the Allie<l and Associated Powers made with the consent of the League of Nations, and accompanied by an undertaking to defray the initial cost, the construction or improvement on her territory of lines and connections which may be needed for the establishment of good through services or for the improvement of communication between the territory of the Power making the request and that of any oth<>r Power.

Nevertheless, it may be stipulate<l by particular provisions of the present Treaty, or of supplementary agreements, that, in the case of the construction or improvement of certain specified lines, the initial cost shall be divided among the Powers concerned in proportion to the advantages derived by them. Such division, in default of agreement between the Powers concerned, shall be made by an arbitrator appointed by the League of Nations.

ARTICLE 37 4.

Germany undertakes to accept, within ten years of the coming into force of the present Treaty, on request being made by the Swiss Government after agreement with the Italian Government, the denunciation of the International Convention of the 13th October 1909 relative to the St. Gothard railway. In the absence of agreement as to the conditions of such denunciation, Germany hereby agrees to accept the decision of an arbitrator designated by the. United States of America.

Ohapta· V. T·mnsitot·y provisions.

ARTICLE 375. Germany shall carry out the instructions given her, in regard

to transport, by an authorised body acting on behalf of the' Allied and Associated Powers:

1. For the can-iage of troops under the provisions of the present Treaty, and of material, ammunition and supplies for army use,

2. As a temporary measure, for the transportation of supplies for certain regions, as well as for the restoration, as rapidly as possible, of the normal conditions of transport, and for the organization of postal and telegraphic services.

Section IV. Disputes and 1·e1:ision of perm-anent clauses.

ARTICLE 376.

Dl putes which may arise between interested Powers with regard to the interpn:tation and application of the preceding articles shall be settled as provided by the League of Nations.

ARTICLE 377.

At any time the League of Nations may recommend the revision of such of these Articles as relate to a permanent administrative regime.

ARTICLE 378. The stipulations in Articles 321 to 330, 332, 365, and 367 to

369 shall be subject to revision by the Council of the League ol. Nations at any time after five years from the coming into force of the present Treaty.

Fa-iling such revision, no Allied or Associated Power can claim after the expiration of the above period of five years the benefit of any of the stipulations in the Articles enumerated. above on behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulations. The period of five years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.

Sect·ion V. Special provision.

ARTICLE 379. Without prejudice to the special obligations imposed on her

by the present Treaty for the benefit of the Allied and Associated Powers, Germany undertakes to adhere to any General Conventions regarding the international regime of transit, waterways, ports or railways which may be concluded by the Allied and Associated Powers, with the approval of the League of Nations, within five years of the coming into force of the present Treaty.

Scctio·n VI. Clauses 1·clating to tlz e Kiel Canal. ARTICLE 380.

The Kiel Canal and its approaches shall be maintained free and open to the vessels of commerce and of war of all nations at peace with Germany on terms of entire equality. ·

ARTICLE 381. The nationals, property and Yessels of all Powers shall, in

respect of charges, facilities, and in all other respects, be treated on a footing of perfect equality in the use of the Canal, no distinction being made to the detriment of nationals, property and vessels of any Power between them and the nationals, property and vessels of Germany or of the most favoured nation.

No impediment shall be placed on the movement of persons or vessels other than those arising out of police, customs, sai~ itary, emigration or immigration regulations an<l those re1ating to the import or export of prohibite<l goods. Such regulations· must be reasonable and uniform nnd must not unnecessarily imp~de traffic.

... '· ( 1 1 l

CO.L GRE SIO J L RECORD-SEN Tf;. JUNE U,

ARTICLE 382.

Only such charges lllilY be levied on Ye els using the Canal or its approaches as are intended to cover in .an equitable manner the cost of maintaining in a navigable condition, or of improving, the Canal or its approaches, or to meet expenses incurr d in the interests of navigation. The schedule of such charges hall be calculated on the basis of such expenses, and shall be posted up in the ports.

The. e charges shall be levied in such a manner as to render any detailed examination of cargoes unnece: sary, e::s::cept in the case of suspected fraud or contravention.

AnTICLE 383.

Gootls in transit may be placml under cal or in the custody of customs agent ; the loading and unloading <>f goods, an<l the embarkation and disembarkation of passengers, shall only take place. in the ports pecified by Germany.

ARTICLE 384.

No charges of any kind other than those provided for in the present Treaty shall be levied along the cour e or ut the approaches of the Kiel Canal.

ARTICLE 385.

Germany ·hall be bound to take suitable measures to remove any obstacle or danger to navigation, and to ensure the maintenance of good conditions of navigation. She shall not undertake any works of a nature to impede navigation on the Canal or iiit approaches.

ARTICLE 38G.

In the event of violation of any of the conditions of Articles 380 to 3 6, or of disputes as to the interpretation of these Articles, any interested Power can appeal to the jurisdiction instituted for the purpose by the League of Nations, and can demand the formation of an Interna.tional Commission.

In order to aYoid reference of small questions to the League of Nations, Germany will establish a local authority at Kiel qualified to deal with disputes in the first instance and to give satisfaction so far as po ible to complaints which may be present 1 through the consular repre entatives of the intere ted power. ·

PART XIII. LATIOUR.

Saction I. Organisation of labo-u.r. Whereas the League of Nations has for its object the establish

ment of univer al peace, an<l such a peace can be establi§ihed only if it is based upon social justice;

A.nd whereas conditions of labour exi t involving such injustice, hardship and privation to large number of people as to produce unrest so great that the peace an{l harmony of the world are imperilled ; and an improvement of those conditions is m·gently required: as, for example, by the regulations of the hours of work, including the establishment of a maximum working day and week, the regulation of the labour supply, the prevention of unemployment, the provision of an adequate living wage, the protection of the worker again t sickness, disease and injury arising out of hi employment, the protection of children, young person and women, provision for old age and injury, protection of the intere ts of workers when employed in countries other than their own, recognition of the principle of freedom of association, the organi ntion of Yocational and tec:hnical education and other measures;

Whereas also the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improYe the conditions in their own countries;

The HIGH CoNTRACTING P ABTIES, moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world, agree to the following:

Chapter I. O,..oanisation. Al~TtrCLE 387.

A permanent organi ation is hereby e tablislled for the promotion of the objects set forth in the Preamble.

The original 1\fember of the League of Nations shall be the original 1\fembers of this organi ation, and hereafter member~ ship of the League of Nations Shall .carry with it member hip of the said organisation.

ARTICLE 388. The permanent ergani ation shall con i t of: (i) a General Conference of Repr enta'tives of the Membexs

and, (ii) an Int rnational Labour Office controlled by tile 'Gov-

erning Body ue. cribell in Article 393.

ARTICLE 380. T e meetings of the General 'onferenc: of Repr ~·entati\eS of

the Members shall be held from time to time n occasion may require, and t lM.St once in every year. It hall be composed of four Representatives of each of the Memb r ·, of whom two shall be Government Delegates and the t o others shall be Delegates representing respectively the employers and the workpcople of each of the 1\fembers.

Each Dele(J'ate may be accompanied by adviser , who shall not exceed two in number for each item on the agenda of the meeting. When questions specially affecting women are to bo considered by the Conference, one at least of the adnsers should be a woman.

The l\Iembers undertake to nominate non-Government Delegates and advisers chosen in agreement with the industrial organisations, if such organisations exist, whiCh ure most representative of employers or '\\Orkpeople, as the cas may be, in their respective countries. ·

Advisers shall not speak e:s:cept on a reque t made by the Delegate whom they accompany anp. by special authoTiza1M.on of the President of the Conference, and may not vote.

A Delegate may by notice in writing addres d to the Presi- · dent appoint one of his advisers to act as his deputy, and the adviser, while so acting, shall be allowed to spea.k and \ote.

The names of the.Delegates IPnd their advisers will be communicated to the International Labour Office by the Government of each ·of the Members.

The credentials of Delegates and their advisers shall be subject to scrutiny by the Conference, which may, by two-thirds of the votes cast by the Dele"'ates present, refuse to admit any Delegate or adviser whom it deems not to have been nominated in accordance with this Article.

AnTICLE 300.

Every Delegate shall be entitled to vote individually on all matters '\\bich aTe taken into consideration by the Conference.

If one of the Members fails to nominate one of the nonGovernment Delegates whom it is entitled · to nominate, the other non-Government Delegate shall be allowed to sit and speJlk at the conference, but not to vote.

If in accordanc with Article 389 the Conference refu es admi ·on to a Delegate of one <>f the Members, the provisions of the present Article hall apply as if that Delegate had not been ll()minated.

Ar.TICLE 391.

'lhe meetings of the Conference hall be b ld at the seat o1 the League of Nations, or at such other plac as may be decideu by the Conference at a previous meeting by two-thirds of the Yotes ca t by the Delegates present.

AnTICLE 392. The International Labour Office hall be established at the

seat of the League of Nations as part of the orguni ation of the League.

AnTICLE 3D3.

The International Labour Office hall be under the control of a Governing Body consi ting of twenty-four per on , appointed in a.ceordance "\\ith the follo"\Ting provi ion :

The Governing Body of th International Labour Office hall be constituted a follows:-

Twelve persons representing the Go•ernment ; Six per ons elected by the Delegate to the Conference repre-

senting the employers; · Six persons elected by the D legate to the Conference repre

senting the workers. Of the twelve persons representing tile Go\ernments eight·

shall be nominated by the Member which are of the chief industrial importance, and four shall be nominated by the Members selected for the purpose by the Government Delegates to the Conference, excluding the Delegates of the eight M-embers mentioned above.

Any question as to which are the Members of the chief indu -trial importance shall be decided by the Council of the LeaO'ue of Nations.

The period of office of the l\lember of the Governin"' Body will be three years. The method of ·ruling vacancies and other similar questions may be determined by the GoYerning Body subject to the approval of the Conference.

The Governiug Body shall, from time to time, elect one of its member to aet as its Chairman, shall regulate its cOWn procedar and ·sh-all fix its own time. of meeting. A spe-cial meeting shall .be held if ·a written Teque t to that effect is made by at l a t ten members uf the Governing Body.

1919. CON(ffiLESSID.r' ~ REQORD·-, SENATE. 853 A:n.TICLE*394.

Thru'e shall be a Director of: the Interna ional Labour Office, who shaH be- appointed by the· Governing:-' Body, and subj~ to the instructions of the Governing- Body: shall · be respensible for the efficient conduct' of the International Labour Offi.ce und~ for such other duties as may. be- assigned to him:;

The Director or his deputy shall attend all meeting of the.. Governing Body.

ARTICLE 395. The staff of the lnte.I.~national Labou~ Office shall be appointed

by .the Director, who shall, so- fur as is possible with due regard to the efficiency of the work of the Office, select persons~ of different nationalities. A cer.tain number of . these: persons. shall be women;

A.IU:ICLE_ 39(t The, functions of the International. Labt1ur Office· shall in

clude the collection and distribution of information on all subjects relating to the international adjustment of conditions of industrial life and labour, and particularly the examination of subjects which it is proposed to bring before the Conference with a Yiew to the conclusion ot international c.onventions, and the conduct of such special investigations as. m-ay. be onlered by the Conference.

It will prepare the agenda for the meetings of the Con, ferenc.e.

It will cuny out- the duties- requrred of it by tlie provisions of this Part of the present Treaty in connection with international disputes.

It will edit and publish in French and English, and in such other languages as the Governing Body may think desirable, a periodical paper dealing· with . problems of industry and employment of international interest.

Generally, in addition to the functions set out in this Article, it shall haye such other pewers and duties as may be assigned to it by the Conference.

ARTIOLE 397. The Go-vernment Departments of any of the Membe.I.'S which

deal w-ith questions- of industry and employment IDaJ' communicate directly with the Director through the Representative of their Government on the Governing Body of the International Labour Office, or failing any such Representati-ve, through such other qualified official as- the Government may nominate for the purpose

ARTICLE 398. The International Labour Office shall be entitled to the as

sistance of the Secretary-General of.. the League of Nations in any matter in which it can be gh·en.

ARTICLE 39g, Each of the Membe.I.·s will pay the tra>elling and subsistence

expenses of its Delegates and theil·· advisers and of_ its- Representatives attending the meetings of the Conference or Governing Body, as the case may be.

All the other-expenses of the International Labom· Office and of the meetings of the Conference or. Governing · Body- shall be paid to the Director by the Secretary-General of the League of Nations out of the general funds of the League.

The Director shall be responsible to the Secretary-General of the League. for the proper expenditure of all moneys paid to him in pursuance· of this Article.

Chapter II: P1·ocedure.

ARTICLE 400.

The agenda for all me&tings of the Conference -will be settled by the Governing Body, who shall considel' any suggestion as to the agendU; . that may be made by the Government of any of, the Members or· by any representative organisation recognised for the purpose of Article 389.

ARTICLE 401. The Director shall act· us the Secretary of the Conference, and

shall transmit the agenda· so as to reacli the Members- four months before the meeting of the Conference, and, through them, the non-Go-vernment Delegates when appointed.

ARTICLE 402, Any of· the Governments of the Members mny formally object

to the inclusion of any item or items-in -the agenda~ The grourrds. for such objection shall be set ·forth in a reasoned statement ad~ dressed to the Director, 'vho shall circulate it to all the Members of the Permanent Organisation.

Items to which such objection has been made shalL not; however, be excluded from the agenda. if at. the Conference a maj(>r_.. ity of two-thirds of the votes cast by the Delegates present isin favour of considering them.

If the Conference decides (otherwise than under the preceding paragJ..-a-ph) by-two-thirds of the-votes-cast. by the Delegates presentthat-any snbject, shall be considered by the Conference, that snbjeet shall be. included in:..the,a-o-anda fo.r the following meeting.

ARTI.CLE 40&

The-Oonference· shall regulate its own Qrocedure~ shall elect its own PreSident, and may appoint committees to consider and report- on any matter.

Except as otherwise expressly provided in this Part of the present Treaty, all matters- shall be decided by a simple majority of tha votes- cast by the Delegates present.

The voting-- i& void unless the total nnrnber of votes cast is equal. to half the number of the Delegates attending: the Conference.

ARTICLE 404.

The Conference may add to any- committees which it appointstechnical experts, who shall be as essors without power t o \Ote.

ARTICLE 405.

Wlien the Conference has decided on. the adoption of pmposals· "'-:ith. regard to · an item- in· the agenda, it will rest with the Conference to determine whether. these proposals should take the form: (a) of a recommendation, to be submitted to thEr Members · for consideration with a view to effect being given: t o it by national 1egislation or otherwise, or (b) of a draft international convention for ratification by the Members.

In either case. a majority of two-thirds of the -votes· cast by the Delegates present shall be necessary· on the fuml vote fm: the adoption of the recommendation or draft convention, . as. the -ea-se may:- be, by the Conference.

In framing any recommendation. or' draft convention of ge~. eral application the Conference· shall have due regard to those countries in which climatic. conditions, the imperfect development of. industrial organisation or other special circumstances make the industrial conditions suhstantial'ly di:t!erent and shall sugge t the mGdifications, if any, which: it consider::; may be required to meet the case of such countries.

A copy of the recommendation or draft convention shall be authenticated by the signature of the President of the Con-

-ference and of the Director and shall be deposited with the SecretruJT~Generol of the League of Nations. The SecretaryGeneral will communicate a certified copy of the recommendation or draft convention to each of the Members.

Each of the Members undertakes that- it will, within the period of one rear at most from tlie dosing of the session of the Con: ferenc.e, .or if itis impossible owing to exceptional circumstances to do so within the period of one year, then at the earliest pructionble moment and in no case later than eighteen· months from the closing of the session of the Conference, bring the recommendation or draft convention before the authority or authoritie.s within whose competence the matter lies, for the enactment of legi-slation or other action.

In the case of. a recommendation, the Members will inform the Secretary-General of the action taken.

In. the case of a draft convention, the Member will, if it obtains the consent of the authority or. authorities within whose. competence the mutter lies,. communicate the formal ratification of the convention to the. Secretary--General and will take such action as may be necessary to make effective the provisions of such convention.

If on a recommendation no legislative or other action is taken to make a recommendation effective, or if the draft convention fails to obtain the consent of the authority or authorities within . whose competence the· matter lies, no furthe~ obligation. shall rest upon the Member. ·

In the case of a · federal State, the pow-er of which to enter into conventions- on labour matters is subject to limitations, it shall be ill the discretion of that Government to tre:at' a draft convention to which such limitations apply as a recommendu.,. tion only, and the provisions of this article with respect. to recommendations shall apply in such case.

The above Article shall be interpreted in accordance with the following principle :

In no case shall any 1\Iember be asked or required, as a re~ult of the adoption of any recommendation or. draft convention by the Conference., to lessen the protection afforded by its P.'Xi~ting legislation to the. workers concerned.

ART:lOLE 406.

.Any· convention so ratified shall be registered by the Secretary-General of the League of Nations, but shall only be binding upon the .Members .which ratify it.

854 CONGRESSION All RECORD-SEN ATE: JUNE 9,

ARTICLE 407. If nuy convention coming before· the Conference for final con

si<lerntion fails • o secure the support of two-thirds of the votes cast by the Delegates present, it shall nevertheless be within the right of any of the Members of the Permanent Organisation to agree to such convention among themselves.

Any convention so agreed to shall be communicated by the Governments concerned to the Secretary-General of the League nt: Nations, who shall register it. ·

AllTICLE 408. Each of the Members agrees to make an annual report to the

International Labour Office on the measures which it has taken to giYe effect to the provisions of conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request. The Director hall lay a summary of these reports before the next meeting of the Conference.

ARTICLE 409. In the event of any representation being made to the Inter

national Labour Office by an industrial association of employers or of workers that any of the Members has failed to secure in any respect the effective observance within its jurisdiction of any convention to which it is a party, the Governing Body may communicate this representation to th~ Government against which it is made and may invite that Government to make such statement on the subject as it m~y tt-.iuk fit.

ARTICLE 410. If no statement is received within a reasonable time from the

Government in question, or if the statement when received is not deemed to be satisfactory by the Governing Body, the latter shall have the right to publish the representation and the statement, if any, made in reply to it.

AnTICLE 411. Any of the Members shall have the right to file a complaint

with the International Labour Office if it i~ not satisfied that any other Member is securing the effective observance of any convention which both have ratified in accordance with the foregoing articles.

The Governing Body may, if it thinks fit, before referring such a complaint to a Commission of Enquiry, as hereinafter provided for, communicate with the Government in question in the manner described in Article 409.

If the Governing Body does not think it necessary to communicate the complaint to the Government in question, or if, when they have made such communication, no statement in reply has been received within a reasonable time which the Governing Body considers to be satisfactory, the Governing Body may apply for ·the appointment of a Commission of Enquiry to consider the complaint and to report thereon.

The Governing Body may adopt the same procedure either of its own motion or on receipt of a complaint from a Delegate to the Conference. ·

When any matter arising out of Articles 410 or 411 is ·being considered by the Governing Body, the Government in question shall, if not already represented thereon, be entitled to send a representative to take part in the proceedings of the Governing Body while the matter is under consideration. Adequate notice of the date on which the matter will be considered shall be given to the Government in question.

, ARTICLE 412.

The Commission of Enquiry shall be constituted in ~ccordance with the following provisions :

Each of the Members agre~s to nominate within six: months of the date on which the present Treaty comes into force three persons of industrial experience, of whom one shall be a representative of employers, one a representative of workers, and one a person of independent standing, who shall together form a panel from whicJ-t the Members of the Com.mission of Enquiry shall be drawn.

The qualifications of the per ons so nominated shall be subfeet to scrutiny by the Governing Body, which may by twothirds of the votes cast by the re_presentatives pre ent refuse to accept the nomination of any person whose qualifications do not in its opinion comply with the requirements of the present article.

U110n the application of the Governing Body, the SecretaryGeneral of the League of Nations shall noininate three persons, one from each section of this panel, to · constitute the Commission of Enquiry, and shall designate one of them as the President of the Commi~sion. None of these three persons shall be a person nominnte<l to the 11anel by any :Member directly conceJ·netl in the eomplaint.

ARTICLE 413. The Members ·agree that, in the event of the 1:eference of a

complaint to a Commission of Enquiry under Article 411, they will each, whether directly concerned in the complaint or not, place at the disposal of the Commission all the information in their possession which bears upon the subject-matter of the complaint.

ARTICLE 414. When the Commission of Enquiry has fully considered the

complaint, it shall prepare a report embodying its findings on all questions of fact relevant to determining the issue between the parties and containing such recommendations as it may think proper as to the steps which should be taken to meet the complaint and the time within which they should be taken.

It shall also indicate in this report the measures, if any, of an economic character against a defaulting Government-which it considers to be appropriate, and. which it considers other Governments would be justified in adopting.

ARTICLE 415. The Secretary-General of the League of Nations shall com

municate the report of the Commission of Enquiry to- each of the Governments concerned in the complaint, and shall cause it to be published.

Each of these Governments shall within one month inform the Secretary-General of the League of Nations whether or not it accepts the recommendations contained in the report of the Commission ; and if not, whether it proposes to refer the complaint to the Permanent Court of International Justice of the League of Nations.

MTICLE 416. In the event of any Member failing to take the action required ·

by Article 405, with regard to a recommendation or draft Convention, any other Member shall be entitled to refer the matter to the Permanent Court of International Justice.

ARTICLE 417. The decision of the Permanent Court of International Justice

in regard. to a complaint or matter which has been referred to it in pursuance of Article 415 or Article 416 shall be final.

ARTICLE 418. The Permanent Court of International Justice may affirm,

\ary or reverse any of the findings or recommendations of the Commission of Enquiry, if any, and shall in its decision indicate the measures, if any, of an economic character which it considers to be appropriate, and which other Governmenu1 would be justified in adopting against a defaulting Government.

ARTICLE 419. In the event of any Member failing to carry out within the

time specified the recommendations, if any, contained in the report of the Commission of Enquiry, or in the decision of the Permanent Court of International Justice, as the case may be, any other Member may take against that Member the measure~ of an econoinic character indicated in the report of the Commission or in the decision of the Court as appropriate to the case.

ARTICLE 420. The defaulting Government may at any time inform the Gov

erning Body that it has taken the steps necessary to comply with the recommendations of the Commission of Enquiry or with those in the decision of the Permanent Court of International Justice, as the case may be, and may request it to apply to the Secretary-General of the. League to constitute a Commission of Enquiry to verify its contention. In this case the provisions of Articles 412, 413, 414, 415, 417 and 418 s.b.all apply, and if the report of the Commission of Enquiry or the decision of the Permanent Court of International Justice is in favour of the defaulting Government, the other Governments shall forthwith discontinue the measures of an economic character that they have taken against the defaulting Government.

Ohapter III. General.

ARTICLE 421.

The Members engage to apply conventions which they · have ratified in accordance with the provisions of this Part of the present Treaty to their colonies, protectorat s and posses ions · which are not fully self-governing:

1. Except where owing to the local conditions the convention is inapplicable, or

2. Subject to such modifications ns may be necessary to adapt the convention to local condition .

And each of the Members shall notify to the International Labour Office the action taken in re pect of each of its colonies, protectorates and po ession which nrn not fully self-governing.

..

•

1D19. CONGRESSIONAL RECORD-SEN ATE .. 855

ARTICT-E 422. Amendments to this Part of the present Treaty whtch are

adopted by the Conference by a majority of two-thirds of the votes cast by the Delegates present shall take effect when ratified by the States whose representatives compose the Council of the League of Nations and by three-fourths of the Members.

AR.T.ICLll: 423. Any question or dispute relating to the interpretation of this

Part of the present Treaty or of any subsequent Convention concltrded by the Members in pursuance of the pr-ovisions of this Part of the present Treaty· shall be referred for decision to the Permanent Court of International Justice.

(Jhapter IV. Tt-ansitory provi&ion-s.

hTICLE 424:. The :first meeting of the Conference shall tak-e place in Octo

ber, 1919. The place and agenda for thls meeting shall be as specified in the Annex hereto.

Arrangements for the convening and the organ!isation o.f the first meeting of the Conference will be made by the Government d signutecl for the purpose in the said Ann.e:x:.. That Go-vernment shall be nssisted in the preparation of the documents for sttlm1ission to the Conferen-ce by an International Committee constituted as provided in tb.e said Annex.

The expenses of the iirst mee-tirrg and of all subsequent meetings held before the League of Nations ha.s been able to establish a general fund,. other than the expenses of Delegates and th:eir advise rs, will be borne by the l\1embers in accordance with the apporti.onnrent of the expenses of the International Bureau of the Univer.sai Postal Union. ·

ARTICLE 425. Until the Lengue of Nations has been constituted all com

munications which under the provisions of the foregoing Artie:l.es should be addressed to the Secretary-General of the League will be preser~ed by the Director of the International Labour· Office, who will translnit them to the Secretary-General of the League.

.A.lrrTCLE 426. P-ending the creation of a. Permanent Court of International

Justice, disputes whi-ch in. accordance with this P.art of the present Treaty would be subrnittetl to- it for -decision will be referred to fl.' tribunal of three persens appointed: by the Council of the League of Nations.

ANNE:Xr

FrnS'I' MEETING OF .A.NXU A.L LABOUR CONFERENCE, . 1019.

The place o-f meeting_ will be Washington. The Government of the United States of Ameri-ca is requested

t6 convene the Oonfe1;ence. The International Organising Committee will consist of seven

Member , appointed by the United States of America, Great Britain, France, Italy, Japan, Belgium and Switzerland. The Committee may, if it thinks necessru.·y, invite other :Members to appoint rep.resenta.ttves.

Agenda: . 1. Applicati()a of principle of the 8-hou.rs day or of tl1e 48-

hours week. 2. Questi-on of preventing or pro-viding a:gain:st unemploy

ment. 3. W-omen's employment-:

a) Before and aftet· child-'IJ.irth, in.'Cluding the question of maternity bem•fit.

b) During the night. c) In unhealthy processes.

4. Employment of children : a) ~Iinimum age of employm-ent, b) D-uring the night. c) In unhealthy procl:'sses.

5. Extension and application of the International Conve'ntions adopted at Berne in 1906 on the pro-hibition of night work for women employed in industry and tbe prohibition of the use of white phosphorus in the manufactu-re of mntches.

Section fl. General princilJlcs. MTTCLE 427.

The High Contracting Parties, recognising that the well-being, physical, moral and intellectual, of industrial wage-ea:rners is of supreme internati()nal importance, have framed, in order to further this great end, the permanent machinery provided forin Section I and associated with tha:t of the League of Nations.

They recognise that differences of climate, habits anu customs, of economic opportunity and industrial tradition. m.ake strict uniformity in the conditions of labour difficult of immediate attainment. But, llolding as they do, that labour should not be regarded merely a s an article of commerce, they think that

there are metlTeds ~n.d pri:Bctples for regulating labour conditions which all i.Rdustria1 communities shonlcl endeavour to apply, so far -as their special circumstances will permit.

Among these methods and principles, the following seem to the High Contracting· Parties to be of special and urgent importance: First.-Th~ guiding principle above enunciated that labour

should not be regarded merely as a commodity or article of commerce,

Seconc~.-The rtght of association for all lawful purposes by the employed as well as by th:e employers.

Third.-The payment to the employed of a wage adequate to maintain a reasonable standard of life as this is understood in their time and country.

Fourth..-The adoption of an eight hours day or a forty-eight hours week as the standard to the aimed at where it has not already been attained.

Fifth.-The adoption of a weekly rest of at least twentyfour hours, which should include Sunday where~er practicable.

Sixth.-The abolition of child labour and the imposition. of such limitations on the labour of young persons as shall permit the continuation of their education and assure their proper physical development.

Seventh..-The principle that men and women shontd rec-eive equal remuneration for work of equal vailue. . Eignth.-The standard set by law in each country with respect to the c-onditions of labour should have du~ regard to the equitable economic treatment of all workers lawfully resident therein.

Ninth.-Each State should make provision for a system of inspection in which women should take part in order to ensure the enforcement of the laws and regulations for the protection of the employed.

Without claiming that these methods and principles are either. complete or· final, the High Contracting Parties are of opinion that they are well fitted to guide the policy of the League of Nations; and that, if adopted by the industrial communities who are members of the League, and safeguarded in J)l':a-ctice by an adequate system of such insp-ection, they will

. confer lasting benfits upon the wage-earners of the world. PA.rur XIV.

GUARANTEES. Section I. TV estern E 'u.rope.

ARTICLE 428. As a guarantee for the execution of the present Treaty by

Germany, the German territory situated to the west of the Rhin.e, together with the bridgeheads, will be occupieu by Allied and Associated troops for a period of fifteen years from the coming int--o force of the present Tren.ty.

.ARTICLE 429. If the condition& of the present Treaty are faithfully carried

out by Germany, the occupation referred to in Article 428 will be successively restricted as follows :

(i) At th-e expiration of fi"\'e years there will be ·evacuated:the bl'idgehead of Col-ogne and the territories north of a line :running .along the· Ruhr, then alo-ng the railway Jiilich~ Duren Euskirchen., Rh:einb.ach, thence along the road Rheinbach. t~ Sinzig, arrd reaching the Rhine at the ·confluence with the A.hr · the roads, railways and pla-ces mentioned. abov-e being exclu:ded from the- 3.1--ea evaeuated.

(ii) At the exp-iration of ten years, there will be evacuated:-the bridgehead of Coblenz and the territories north. of a line to be drawn from the intersection between th.e frontiers of Belgium, Germany and Holla.nd, running about 4 kilometres s0uth of Ai.x:-la-Chapelle, then to and following the crest of Forst Gemiind~ then &'lst of the railway of the Urft Valley, then along Blankenbeim, Valdorf, Dreis, Ulmen to and following the Moselle from Bremm to Nehren, then passing by Kappel and Simmern, then following the ridge of the heights between Sirnmern and the Rhine and reaching this r.iver at Bacharaeh; all the places, valleys, roads and railway-s mentioned above being e'X.Clu-ded from the area evacuated.

(iii) At the expiration of fifteen years there will be evacuated :-the bridgehead of 1\iainz, the bridgehead of Kehl and the remainder of the German territoi-y unrter occupation.

If at that date the guarantees against unprovoked aggres6ion by Germany are not constdered sufficient by the Allied and Associated Governments, the evacuation . of the occupYtng troops may be delayed to the extent regarded as necessary for the purpose of obtaining the required guarantees.

ARTICLE 430. In rase. either during . the occupation or after th-e expiration

·of the fifi:een years referred to above, the Reparation Commis. sion finds that Germany refuses to observe the whole or part ot

856 CONGRESSION .A.L RECORD-SEN ATE. JUNE 9,

her obligations under the present Treaty with regard to Reparation, the whole or part of the areas specified in Article 429 will be re-o(·cupied immediately by the Allied and Associated forces.

ARTICLE 431. If IJefore the expiration of the period of fifteen years Germany

complies \Yith all the undertakings resulting from the present Treaty, the occupying forces will be withdrawn immediately.

ARTICLE 432. All matters relating to the occupation and not provided for by

the present Treaty shall be regulated by subsequent agreements, which Germany hereby undertakes to observe.

Section II. Eastern Europe. ARTICLE 433.

As a guarantee for the execution of the provisions of the present Treaty, by which Germany accepts definitely the abrogation of the Brest-Litovsk Treaty, and of all treaties, conventions and agreements entered into by her with the Maximalist Government in Russia, and in order to ensure the restoration of peace and good government in the Baltic Provinces and Lithuania, all German troops at present in the said territories shall return to within the frontiers of Germany as soon as the Governments of the Principal Allied and Associa te1 l Powers shall think the moment suitable, having regard to the internal situation of these territories. These troops shall abstain from all requisitions and seizures and from any other coercive measures, with a view to obtaining supplies intended for Germany, and shall in no way interfere with such measures for national defence as may be adopted by the Provisional Governments of Esthonia, Latvia and Lithuania.

No other German troops shall, pending the evacuation or after the e\acuation is complete, be admitted to the said territories.

PART XV. MISCELLANEOUS PllOVISIONS.

ARTICLE .434. Germany undertakes to recognise -the full force ot the Treaties

of Peace and Additional Conventions which may be concluded by the Allied and Associated Powers with the Powers who fought on the side of Germany and to recognise whatever dispositions· may be made concerning the territories of the former AustroHungarian Monarch, of the Kingdom of Bulgaria and of the Ottoman Empire, and to recognize the new States within their frontiers as there laid down.

ABTIG:LE 435. The High Contracting Parties, while they recognize the guar

antees stipulated by the treaties of 1815, and especially by the A.ct of 20th November, 1815, in favour of Switzerland, the said guarantees constituting international obligations for the maintenance of peace, declare nevertheless that the provisions of these treaties, conventions, declarations and other supplementary Act<; concerning the neutralized zone of Savoy, as laid down in paragraph 1 of Article 92 of the Final Act of the Congress of Vienna and in paragraph 2 of Article 3 of the Treaty of Paris of 20th November, 1815, are no longer consistent with present conditions. For this reason the High Contracting Parties take note of the agreement reached between the French Government and the Swiss Government for the abrogation of the stipulations relating to this zone which are and remain abrogated.

The High Contracting Parties also agree that the stipulations of the Treaties of 1815 and of the other supplementary Acts concerning the free zones of Upper Savoy and the Gex district are no longer consistent with present conditions, and that it i.:; for France and Switzerland to come to an agreement together with a view to settling between themselves the status of these territories under such conditions as shall be considered suitable by both countries.

ANN.ElX.

The Swiss Federal Council has informed the French Government that after examining the prov1sions of Article 435 in a like spirit of sincere friendship it has happily reached the conclusion that it was possible to acquiesce in it under the following conditions and reservations :

1 The neutralized zone of Haute-Savoie: a) It will be understood that as long as the Federal Cham

bers have not ratified the agreement come to between the two •JovernmeJ:ltS concerning the abrogation of the stipulations 1n respect of the neutralized zone ·of Savoy, nothing will be defini-tively settled, on one side or the other, in regard to this subject.

b) The assent given by the Swiss Government to the abrogation of the abo\e mentioned stipulations presupposes, in conformity with the te:rt adopted, the recognition of the guarantees formulated in · fm·oue of Switzerland by the treaties of 1815 and particularly b;r the Declaration of 20th No\ember 1815.

c) The agreement between the Governments of France and Switzerland for the abrogation of the above mentioned stipulations will only be considered as valid if the Treaty of Peace contains this article in its present wording. In addition the Parties to the Treaty of P_eace should endeavour to obtain the assent of the signatory Powers of the treaties of 1815 and of the Declaration of 20th November 1815 which are not signatories of the present Treaty of Peace.

2 Free zone of Haute-Savoie and the district of Gex. a) The Federal Council makes tlie most express reser"Vations

to the interpretation to be given to the statement mentioned in tire last paragraph of the above article for insertion in the Treaty of Peace, which provides that the stipulations of the Treaties of 1815 and other supplementary acts concerning the free zones of Haute-Savoie and the Gex district are no longer consistent with the present circumstances. The Federal Council would not wish that its acceptance of the above wording should lead to the conclusion that it would agree to the suppression of a system intended to give neighbouring territory the benefit of n. special regime appropriate to the geographical and economical situation and which has been well tested.

In the opinion of the Federal Council the question is not the modification of the customs system of the zones as set up by the treaties mentioned above, but only the regulation in a manner more appropriate to the economic conditions of the present day; the terms of the exchange of goods between the regions in question. The Federal Council has been led to make the preceding observations by the perusal of the draft convention concerning the future constitution of the zones which was annexed to the note of April 26 from the French Governmentations. While making the above reserve the Federal Council declares its readiness to examine in the most friendly spirit any proposals which the French Government may deem it convenient to make on the subject.

b) It is conceded that the stipulations of the treaties of 1815 and other supplementary acts relative to the free zones will remain in force until a new • arrangement is come to between France and Switzerland to regulate matters in this territory.

ARTICLE 436. The High Contracting Parties declare and place on recot·d

that they have taken note of the treaty signed by the Government of the French Republic on July 17th, 1918, with His Serene Highness the Prince of l\1onaco defining tQ.e relations between France and the Principality.

ARTICLE 437. The High Contracting Parties agree that, in the absence of a

subsequent agreement to the contrary, the Chairman of any Commission established by the present Treaty shall in the event of an equality of votes be entitled to a second vote.

ARTICLE 438. The Allied and Associated Powers agree that where Christian

religious missions were being maintained by German societies or persons in territory belonging to them, or of which the government is entrusted to them in accordance with the present Treaty, the property which these missions or missionary societies possessed, including that of trading societies whose profits were devoted to the support of missions, shall continue to be devoted to missionary purposes. In order to ensure the due execution of this undertaking the Allied and Associated Governments will hand over such property to boards of trustees appointed by or approved by the Governments and composed of persons holding the Christian faith. It will be the duty of sucli boards of trustees to see that the property continues to be applied to missionary purposes~

The obligations undertaken by the Allied and Associated Governments in this Article will not in any way prejudice their control or authority as to the individuals by whom the missions are conducted.

Germany, taking note of the above undertaking, agrees to accept all arrangements made or to be made by the Allied or Associated Government concerned for carrying on the work of the said missions or trading societies and waives all claims on their behalf.

ARTICLE 439. \Vithout prejudice to the provisions of the present Treaty,

Germany undertakes not to put forward directly or indirectly against any Allied or Associated Power, Signatory of the present Treaty, including those which without having declared war, have broken off diplomatic relations with the German Empire, any pecuniary claim based on events which occunetl at any time before the coming into force of the present Treaty. · The present stipulation will bar completely and finally all claims of this nature, which will be thenceforward extinguished, wboever may be the parties in intere t.

19ln. CONGRESSIONAL RECORD-SEN ATE. 857

ARTICLE 440. Germany accepts and recognises as valid and binding all

decrees and orders concerning German ships and goods and all orders relating to the payment of costs made by any Prize Court of any of tile Allied or Associated Powers, and undertakes not to put forward any claim arising out of such decrees or orders on behalf of any German national.

The Allied ami Associated Powers reserve the right to examine in such manner as they may deteri:nine all decisions and orders of German Prize Courts, whether affecting the property rights of nationals of tilose Powers or of neutral Powers. Germany agrees to furnish copies of all the documents constituting the record of the cases, including the decisions anq orders ninde, and to accept and give effect to the recommendations made after such examination of the cases.

The present Treaty, of which the French and English texts ai·e both authentic, shall be ratified. ·

_The deposit of ratifications shall be made at Paris as soon as possible.

ro,vers of which the seat of the Government is outside .Europe will be entitled merely to inform the Government of the French Republlc through their diplomatic representative at Paris that their ratification has been given; in that case they must transmit the instrument of ratification as soon as possible.

A first proces-Yerbal of the deposit of ratifications will be drawn up as soon as the Treaty has been ratified by Germany on the one hand, and by three of the Principal Allied and Associated Powers on tile other hand.

From the date of this fir!3t prod~s-verbal the Treaty will come into force between the High Contracting Parties who have ratified it. For the determination of all periods of time provided for in the present Treaty this date will be the date of the coming into force of the Treaty.

In all other respects the Treaty will enter into fcrce for each Power at the date of the deposit of its ratification.

The French Government will transmit to all the signatory Po';vers a certified copy of the proces-verbau:x: of the deposit of ratifications.

In faith whereof the above-named Plenipotentiaries have signed the present Treaty. .

Done at Versailles, in a single copy which will remain deposited in the archives of the French Republic, and of which authenticated copies will be transmitted to each of the Signatory Po\Vers.

TELEGRAPH .AND TELEPHONE CONTROL. The Senate, as in Committee of the Whole, resumed the con

sideration of the bill ( S. 120) to repeal chapter 154 of the act of the second session of the Sixty-fifth Congress, being the joint resolution entitled "Joint resolution to authorize the President in time of war to supervise or take possession and assume control of any telegraph, telephone; marine cable or radio system or systems, or any part thereof, and to operate the same in such manner as may be needful or desirable for the duration of the war, and to proYide just compensation therefor," approved July 16, 1918.

l\Ir. CUM1\IINS. Mr. President, the bill under consideration is a bill introduced by the Senator from Minnesota [Mr. KELLOGG] to repeal the act of July 16, 1918, which gave to the President the power or authority to take possession of and operate the cable, telegraph, and telephone systems of the United States.

I do not intend to enter upon the disputed question with regard to the necessity for this act of Congress or the subsequent act of the President. I regard both as immaterial. I think, however, that it can be said with a fair degree of assurance that it is .now the desire of the people of this country that these systems of cable, telegraphic, and telephonic communication shall be returned to their owners for private operation, at least until some scheme is devised for a change in regulation and control. I think it can be safely said that this is the view of the President of the United States. I think it can be said with equal assurance that this is the view of the Postmaster General, who has had control during the period that has intervened since the Government took possession. The act takes effect immediately upon its approval, and at that time these wire systems of communication will be returned completely to those who have heretofore operated them.

With respect to the desirability of return I shall say nothing, assuming that all Senators have made up their minds upon the subject and that they are in accord. The committee, however, to which the bill was referred has added to the measure an amendment which, I think, it is incumbent upon me to explain very briefly. During the period of Federal control or possession the Postmaster General increased by order or approval many of

the rates which had theretofore governed the service. I am now speaking entirely of the telephone, for the amendment to which I have referred does not embrace either the cable or the telegraph lines. When I say " amendment " I do not mean that the cable and telegraph lines are not to be returned to their owners; but the amendment, which relates to rates which have been established by the Postmaster General, does not embrace either cable or telegraph systems.

lis I remarked a moment ago, the Postmaster General found it necessary to increase the rates both in the toll service and in . the exchange service. Senators, of course, will recognize the difference between the two. The toll service is that service which is rendered by telephone companies in the transmission of long-distance communications. The exchange service is that rendered to the people of a given community or city, and which enables one person to connect himself with another for the purpose of talking over small or limited areas.

The order which increased the toll rates is known as Bulletin No. 22. The order itself is No .. 2495. The order was somewhat modified subsequently but not in any material \Vay, and the paper which I now hold in my hand and which was laid before the committee shows the rates as they were increased by order of the Postmaster General. These applied to the entire toll service of the country, not only the toll service rendered by what is known as the Bell system, operated by the American Telegraph & Telephone Co., but the service rendered by the independent companies throughout the country as well. There is no uniformity in the increase in rates; that is to say, the increase as applied to one company may not have been and \Vas not, in fact, the same increase as experienced by another company, but I make no criticism in that respect.

The probable increase, although that can not be stated with absolute certainty, in the toll rates was something like 18 or 20 per cent. Some of those who have estimated the matter think it was even less. The increase in the exchange rates was made in a great number of orders of approval by the Postmaster General, which I have in my hand.

In order that the-RECORD may show just what has been <lone by the Postmaster General in this regard, I desire to incorporate as a part of my observations, first, the order, No. 2495, relating to the toll service arrd, second, a synopsis of the yarious orders relating to an increase in exchange rates.

There are in the United States more than 50,000 telephone companies. Most of those companies, however, render a very limited service. ·

Mr. WILLIAl\IS. Fifty thousand companies? 1\Ir. Cill.fl\.UNS. There are in the United States more than

50,000 telephone companies. That may need a moment's explanation. By far the greater number of these companies are what are known as farmers' mutual telephone companies; companies in which a few men or a small community band themselves together for the purpose of furnishing each other . telephonic communication and which are really without profit, intended merely as a convenience for those who are in that particular community. Some of these telephone companies have connection with larger companies having a switchboard, and which in turn connect the small companies with the larger ones doing a general business. There are more than 10,000 companies, however, in this country which do a general exchange business; that is to say, which have a switchboard located at some ·central point and that enables the subscribers or patrons of that system to use it in the way which is perfectly well known to all of us. These companies, so far as they are supposed to render service of. an interstate character, report to the Interstate Commerce Commission, and of them the Interstate Commerce Commission has the same full complete authority that it has over the railways of the country. I beg to read a communication which came to me from tile office of the Postmaster General, which explains the situation so far as the increases of rates in exchange service are concerned. This communication says: MEUORA...'WUM 0~ TELEPHOXE EXCHANGE RATE INCREASES APPROVED BY

THE POSTMAS'.I'En GENERAL.

According to the special census of telegraphs and telephones in the United States, taken in l!H7, the preliminary results of which have recently been made available, the total number of telephone systems and lines in the United States at that time was 53,035. Their income from all sources amounted to $391,476,926. The income of the Bell System-

That refers to companies which are operated under the direction and control of the American Telegraph & Telephone Co.-alone amounted to $311,918,260, or approximately 80 per cent of this total.

That means that the companies which I ha\e just mentioned transact substantially 80 per cent of the telephone business of the United States.

858~ CONGRESSIONAL RECORn-:-SENATE. JUNE 9,

Ot 1he ·indf'pendent lines and ~-stems, those wtth a gross 'annual revenue oi' $5,uOO or mor-e reported a total ill come of $60,583,540 ~ the other independent lines a:nd ·systems reported a total income of $18,-{)75.1.26. .

~ar the greater number of :these· ·independen't lines and syiltems are the property of small ntral companies, or of so-called mutual companies or cooperative associations, or are farmers' individual or party lines. 'The vast majority ot ~ them make no regular reports to any agency of the Federal Government.

'l'he Interstate Commerce Commission receives annual reports from neal'ly 9,000 of these lines and systems. Companies reporting annual op rating re-venues of $250,000 or more are designated as class A companies ; those repordn.~ annual opeTating revenues exceeding $50,~ 000, but less than 250,000, as class B companies ; those reporting annual operatin~ revenues exceeding $10,000 but less than $50,000, as cla s C compames. These thrf'c classes togetheT, whose reports nre made in accordance with a system of accounts prescribed by the Interstate Commerce Commission, acconnt 'for less than 1,000 of the total number of the companies reporting to the Interstate Commerce Commission. The remainder, slightly over 8;000 companies, q.re designated as class D, but make no complete annual returns, and keep no standard or uniform accounts. From the numerous small companies and lines no returns whatever are received.

}1'or the year 1917 class A, ll, and C companies ·reported to the Inter tate Commerce Commission a t~tal operatln.., revenue of 346,-101 ,03!>. This tlgttre excludes all nonoperating revenue reported by class A, B, and C companies, as well as the revenue from all sources of all the other companies covered by the special census of the same year. Of the total opeTating -revenue reported by the class A, B, and C companies, $295,616,146, or approximately 85 per cent, was r~ ported by the companies of the Bell System. The balance, $50,4 4,893, was reported by independent class A, B, and C companies. Of th~ independent companies opprating ercbange systems, 23 belong to class A, l09 to class B, and the balance., approximately 530, to ~lass C. The total number of independent telephone companies, for which rate increases have been approved by the Postmaster General since the wire systems were taken over into Federal control, is 211.

1 am reading this communication largely in order that tWs latter fact may be well known to the Senate.

Ot the 23 class A companies, 1'5 have participated in rate 1ncreases approved by the Po tma.ster General. Of the 109 class B companies, 25 have participated in rate increases approved by the Postmaster General. The balance is divided between the class C and class D companies.

According to the latest reports to the Interstate Commerce Commission, the majority being for the year 1918, the independent class A companies bad a totnJ operating revenue of more than $26,000,000, of which more than $20,000,000 was r~cetved by the companies in this class which participated in rate increases approved by the Postmaster General. It has not been possible in the time available to complete a corresponding calculation for the other classes of companies. The total operating revenue . however, of the independent class D companies, according to the latest re'Ports to the Interstate Commerce ColDmission, were approximately twelve and one-half millions, or less thnn half of the t otal for the class A companies, and the propor-tion of companies participating in rate Increases in this class as in class A. was greater among the IargeT than the smaller companies. It is apparent, therefore, that the companies which do the bulk of the business of the independent companies reporting to the Interstate Commerce Commission have participated in the rate increases made eJrective by the Postmaster General.

Before I go further, Mr. President, I wish to say that the amendment which was reported by the committee is withdrawn by authority ·of the committee and the following 'is offered in its stead. It is an amendment to section 1 of the bill. Section 1 refers first to chaptel' l54 of the acts of the second ession of the Sixty-fifth Congress, which is the act authorizing the President to take over these systems. As it was originally introduced, it concluded~

Jolnt resolution to n.uthariz"e the Presid~t in time of war to supervise or ta..ke possession and assmne control of any telegraph, telephone, marine cable, or radio system or systems, or any .part thereof, and to operate the same in such mann('r as may be needful or desirable for the duration of the war and to provide just com'Pensation therefor," approved on the 16th day of July, 1918, be, and the same is hereby, repealed.

The committee proposes the following amendment : Provided, howe·ve-r, That the e.x:istillg toll and exchange telephone

rates as established oT approved by the Postmaster General on or prior to June 6, 1919, shall continue in for•ce for a period of 90 days, but not longer, after this act takes etrect, unless they shall be sooner modified or chn.nged by the public authorities-State, mun1cipal, or otheTwise-having control thereof prior to the time the Government took posse sion of the telephone systems under the act of July 16, 1918, or by contract or by voluntary reduction ; it being 'the intent that after the approval of this act the jurisdiction of the Interstate Commerce Commission and all the authority of the States, municipalities, or other public control over the properties of which the United States assumed the possession and operation under the act of July 1G, 1918, shall be immediately restored.

There is a great difference of opinion, Ml'. President, among lawyers with regard to the continuing effect of the rates which have been established, approved, and promulgated by the Postmaster General. There a-re some students of the subject who believe that those rates all c se immediately upon the restoration of the properties to their owners. There are others who believe-and I confess that I am one of the others-that without legislation rates which have been lawfully established by the Postmaster General-and the Supreme Oourt held, as you will remember, last Monday, a week ago to-day, that the action of the Po tmaster General in establishing these increased rates was lawful-will continue until they are set aside by pr{)ceedings instituted by some one who has the right to institute :pro-

ceedings of that character, whether the time be 1 month or 6 months or 12 mO"nths.

It was thought better, therefore, by the committee, in view of the difficult question of law-which can not possibly be settled, for there is no opportunity to settle it, at least within any reasonable time-that we should continue the rates which had been promUlgated by the Postmaster General for a specified time, leaving all of the companies and the public and all who are interested in the subject at liberty to apply instantly to the various controlling. authorities of the States and munici-

. palities for such modifications of the order or orders as they might be advised was necessary in order to protect the various interests involved in these enterprises. -

Mr. THOMAS. Mr. President, would it disturb the Senator if I should ask him a question at this point?

Mr. CUMMINS. Not at all. Mr. THOMAS. Can the Senator state approximately wha.t

tile aggregate amount of the annual or monthly increase is? Mr. CUMMINS. We were not able to ascertain that. The

best information that we could procure in the limited time we had for consideration was that the increase was somewhere in the neighborhood of 20 per cent. The communication which I have read indicates for those companies which have reported to the Interstate Commerce Commission their revenues for the year 1917; so that the application of that percentage to those Tevenues will indicate the average increase.

Mr. KING. Will the Senator permit an inquiry? l\Ir. CUMMINS. I yield. 1\.Ir. KING. I did not quite hear all of the amendment. Does

it perpetuate the rates of the cable companies and the telegraph companies or only of the telephone companies?

Mr. CUMl\IINS. It O!ilY applies to the telephone companie . I can say, with regard to. that, that the cable companies have been already really retra.nsferred, and neither the Western Union Telegraph Co. nor the Postal Telegraph & Cable Co. asked for a continuation of the higher rates, although the repre entativc of one of the companies stated that he thought they ought to be continued. The reason the comrilittee did not take up or consider that phase of the matter was probably this : The representative of the Postal Telegraph & Cable Oo. came before the committee and said that it was entirely satisfied with the rates that existed before the Government took possession of tbe property, and that the moment the possession and control of the property is restored to the corporation it intended to reduce the rates 20 per cent, the amount which it is understood the rates ·were raised by the Government. If the Postal 'Ielegraph & Cable Co. reduces these rates, as the committee was advised would be '<lone by the chief officer of the corporation, theW stern Union Telegraph Oo. will be compelled~ of course, to follow the decrease or the reduction. Fo1· thut reason the committee ·did not even consider the neces ity of maintaining the telegraph rates at their -present point, but left tha.t entirely with the law. I repeat that in my opinion-although I express it with great diffidence and with no assurance from .rrny adjudicated case-these rates will continue until they are set aside by some prop-erly constituted authority or until the companies actually re-duce them of their own accord. ·

Mr. KING. Will the Senator permit another inquiry? Mr. CUMMINS. Yes. , Mr~ KING. Does not the Senator think that if it were wi e to

perpetuate the rates of the telephone companies, ex:cl1ange rates, and so on, for a limited period, the same reason would prompt legislation perpetuating the rates of the telegraph companies?

1\Ir. CUMMINS. The committee thought it was wise to con~ tinue the rates for the telephone companies for a period of 90 days for two reasons: The first is the r-eason that I have already stated, the doubt with regard to the interpretation of the law respecting the continuance, without legislative interference, of the rates established by the Postmaster General ; second, beca.use unquestionably the cost of operation on the part of the telephone companies of the country has very greatly increased. No one can doubt the fact that the labor cost, the material cost, and every other expense incident to maintenance n.nd operation have increased more than 20 per cent during the last year and a half. Many of these companies, I uppose most of them, had applications before their resp ctive State authorities pendin"' at the time the Government took possession for an increase of rates by reason of increases in the co t of maintenance and operation. The assumption by the Government ~f this business ended all that undertaking and suspended for the time being the jm·isdiction of the various State authorities. The committee believes with regard to the telephone companies, a uming that they were not earning any more than they should have earned before the Government took possession, that they ought to have

CJ~~G-RESSIONAL RECO.RD-SENATE. • ,,1;-1 859

the bc~ e:fit cf t:w con tim!:1:-.._:e of these increased rates until they have lw.l1 nn oprortnnit~· to present their cases to the State a~thoritics and Ec..:urc from those bodies of regulation and control such orders as to t;1C States may seem necessary to sustain these companies aml to make their income equal to their outgo.

It is perfectly apparent -!that we could not enter upon an inquiry with reg::ml to the financial situation of each of the eight or ten thousand companies which report to the Interstate Commerce Commission. It is an impossible task; and we had to assume-and I think we could properly assume-that there could be no great_injustice '\nought by perpetuating the orders of the Postmaster General for a period of 90 dayS) so that each company can present its particular case, its particular necessities, to the State authorities or to the Interstate Commerce Commission, as he case may be, and there receive such an award with regard to rates as will be just and equitable.

'l'hese are the reasons which have led the committee to the recommendation which it has made, and which I have endea-vored to explain.

I was originally very doubtful with regard to the continuance of these rates as applied to exchange systems which, in my judgment, are of purely State concern; and whatever may be the movement of the future with regard to them, I can not but hope that the Federal Go~ernment will never undertake to control their affairs or to establish their rates; but we can not jgnore the fact that it will require some time to enable these companies to mal(e the transition· from Government possession and control to the control of the several States, and, therefore, 'Ye presented this amendment.

It will be found that the increases in exchange rates cover a very large part of all the exchange business in the United States. The orders cover a few companies, comparatively, but the companies which are embraced in the orders of the Postmaster General do o large a part of the business _that I think it can not be charged that to establish an increase with respect to them without at the same time establishing an increase with respect to otlJers will do injustice. In any event, the period will soon clap e, and then the State authorities will deal with the subject, as they may, indeed, from the date the act is passed, as seems to them just. .

1\fr. President, I offer the amendment in behalf · of the committee, which I read a moment ago.

The VICE PRESIDENT. The amendment will be stated. Th2 SECRETABY. In lieu of the amendment already printed in

the bill, on page 2, it is proposed to insert the following: p,·o~idcd, however, That the existin~ toll and e~change telephone

rates as established or approved by the Postmaster General on or prior to Jun e G, 1919, shall continue in force for a period of 90 days, but not longer, ufter this act takes effect, unless they shall be sooner modified or changed by the public authorities-State, municipal, or otherwisehaving control thereo-f ·prior to the time the Government took possession of the telephone systems under the act of July 16, 1918, or by contt·act or by voluntary reduction; it being the intent that after the approvar of this act the jurisdiction of the Interstate Commerce Commission and all the authority of the States, municipalities, or other public control over the properties of which the United States assumed thp possession and operation under the act of July 16, 1918, shall be immediately restored.

Mr. CURTIS and Mr. POMERENE addressed the Chair. Mr. CUMMINS. I yield to the Senator from Kansas. 1\Ir. CURTIS. I understand the amendment can hardly be

acted upon to-night, and I wish to ask the Senator from Iowa if he will not consent temporarily to lay aside his bill so that I may present a conference report on the Indian appropriation bill, which will take but a few moments.

Mr. POMERENE. Will the Senator .from Iowa permit me a word?

Mr. CUMMINS. I yield to the Senator from Ohio. Mr. POMERENE. I rose for the purpose of inquiring

whether or not the chairman of the committee was going to insist upon having this mat~er disposed of to-night?

Mr. CUMMINS. No, Mr. President; I do not think it would be wise to insist upon a disposition of the matter to-night. I know there are Senators not here just now who desire possibly to make some observations in regard to it, and I know that the amendment which I have just offered will be better understood if it is printed in the RECORD and Senators have an opportunity to examine it. I had it in mind, after offering the amendment, to move an adjournment of the Senate.

Mr. POMERENE. I wish to submit a few observations; but, if the matter is to go over, I will defer them until to-morrow morning.

Mr. CUMMINS. In view of the request made by the Senator from Kansas [Mr. CunTis], I ask unanimous consent that the unfinished business be temporarily laid aside.

The VICE PRESIDENT. Without objection, it is so ordered.

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INDIAN APPROPRIATIONS-cONFETIENCE TIEI'OllT.

1\Ir. CURTIS. I present the conference report on the Indian appropriation bill, and I ask unanimous consent for its immediate consideration. It is a unanimous report.

The VICE PRESIDENT. '.rhe Secretary '\\ill read the conference report.

The Secretary read the report, as follows :

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill {H. R. 2480) making appropriations for the current and contingent expenses for the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1920, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 1, 14, 15, 17, 28, 36, 37, 38, and 46.

That the House recede from its disagreement to the amendments of the Senate numbered 2, 3, 4, 5, 7, 8, 11, 12, 13, 16, 18, 19, 20,21,22, 23,24,25,26,27, 29,30, 31,32,33,40, 41,42, 43, 44, 45, 47, and 48, and agree to the same.

That the House recede from its disagreement to the amendment of the Senate numbered 6, and agree to the same with an amendment as foll-ows: Strike out the matter covered in amendment 6 and insert the following in lieu thereof :

"That the amounts of $12,500 appropriated by the Indian appropriation act approved March 2, 1917 (39 Stat. L., p. 975j, and $5,000 appropriated by the Indian appropriation act approved May 25, 1918 (Public, No. 159), in all $47,500, for the construction of two bridges over the Little Colorado and Canyon Diablo Rivers, near the Leupp Indian Agency, Ariz., are hereby reappropriated for the same purposes as provided in said acts, reimbursable as provided in said acts, and to remain a charge and lien upon the lands and funds of the Navajo Tribe of Indians until paid."

And the Senate agree to the same. That the House recede from its disagreement to the amend

ment of the Senate numbered 9, and agree to the same with an amendment as follows: Strike out the matter covered by amendment No. 9 and insert in lieu thereof the following:

"The Secretary of the Interior is hereby authorized, in his discretion, and under such terms and conditions as he may prescribe, to cause to be issued to the Gospel Missionary Union, which has engaged in mission work among the Navajo Indians since 1896, a patent in fee for mission purposes only for that particular tract of land on the Western Navajo Re ervation, in Arizona, Iiot exceeding 160 acres in area, which it has continuously used and occupied for mission purposes from a date prior to the Executive order of January 8, 1900, withdrawing from sale and settlement the lands which now constitute the said reservation ; said patent in fee shall be issued on a legal description of the land so used: Provided, That if said land shall cease to be used for mission purposes the same shall revert to the Navajo Tribe of Indians.

And the Senate agree to the same. That the House recede from its disagi;eement to the amend

ment of the Senate numbered 10, and agree to the same with an amendment as follows: Strike out the words " two thousand dollars " and insert " one thousand dollars " in lieu thereof; and the Senate agree to the same.

That the House recede from its disagreement to the amendment of the Senate numbered 34, and agree to the same with an amendment as follows: Strike out the matter contained in amendment 34 and insert in lieu thereof the following :

" Provided further, That from the sums heretofore appropriated for said Pottawatomie Indians the Secretary of the Treasury is hereby authorized and directed to pay to Erik 0. Morstad, of Leona, Wis., in person and in full satisfaction for services rendered, the sum of $2,000."

And the Senate agree to the same. That the House recede from its disagreement to the amend

ment of the Senate numbered 35, and agree to the same with an amendment as follows: In lieu of the matter proposed by Senate amendment No. 35 insert the following:

" For the purchase of subsistence supplies in reliev.ing cases of actual distress and suffering among those needy St. Croix Indians of Wisconsin whose cases are referred to in report of January 30, 1915, transmitted by the Secretary of the Interior to the House of Representatives March 3, 1915, pursuant to the provisions of the act of Congress of August 1, 1914 (38 Stat. L., pp. 582-605), and printed as House Document No. 1663, Sixtythird Congress, third session, $1,000."

And the Senate agree to the same .

860 CONGRESSIONAL RECO~D-HOUSE. JUNE 9,

That the House recede from its disagJ"eement to-, the. amendment of the Senate numbered 39', and agree to. the same with an amendment as follows: In lieu of the matte!" proposed.. by Sen: ate amendment No. 39 insert:

" For the construction of a 1~oad from the village of Odanah, in the Bad River Reservation, to the south line of said. reser·mtion, $20,000, to be expended under the direction of the Secretary of the Interior, said sum to be reimbursable from any funds now or- hereafter placed in the. Treasury to the credit of the· Indians on the Bad River Reservation, to remain a charge and Iieru upon the funds of said! tribe of Indians until paid: P1·ovided, That the Secretary of the Interior may cooperate with the State of Wisconsin in the construction of said. road: Provided further, That no' part of the money her:ein apl)ropriated sh::Lll' be expended until the· Secretary of the Interior shalt have- obtruned from the proper authorities of the State of Wisconsin satisfn.ctory ruaranties of the payment by the said State of at least one-half of the cost of the· constructioir of said. road-."

And the Senate agree to the same. CEARLES CuRTIS, ROBERT "ftL. LA FOLLETTE, H'ENnY F. Asauas'li,.

Managers on. Uw fJ(U't ot the Senate. BoMER P. SNYDER, P. P. CAMPBELL, C .. I). OA.RTER:,

Manage1·s on. tile p.art ot the Hou,se ..

· The VIC:EI PRESIDENT. The questioru i OQ.. arrreeing: to the conference report.

The report wa · n.:greed to. 1\fr. SM.DOT: I mDve that the Senate adjoUTil The motion: wa agreed to; ancl (at 5 o'clock a:ru.r 40 minutes

p.m.) the Senate· adjourned until to-morrow, Tuesday,.. Jun.e 10~ 191D, at 12 o'clock meridian.

ARMY . APPROPRIATION BILL.

Mr. KAHN~ Mr. Speaker, I move that the House resolve itself. into Committee of the ·whole House on the state of the· Union :fo.r the purpose err considering H. R. 5227, making appr..opriations for the support- of the Army for the fiscal year ending-June- 30, 1920. .

The SPEAKER. The gentleman from California moves that the House resolve itself. into Committee of the Whole House. on tile state of the- Union for the purpose of considering H. R. 52.21; the Army appropriation bill.

1\lr~ KAHN. Pending that, Mr. Speaker, I ask unanimous consent that general debate continue until adjoUI'nment today; that the time be equally divided between the gentleman from Alabama [1\!r ... DENT] and myself. ·

The SPEAKER. And the gentleman asks unanimous consent that general debate be continued until adjournment to·day, the time to be divided, one half to be controlled by himself. and the other half by the gentleman. from Alabama.. [Mr. DENT]. Is there objection?

l\1r. DENT. 1\fr. Speaker, reserving the· right to object, I understand the- gentleman.'s request is that general debate be· carried on to-day- without any agreement as to limitation.?

Mr. KAHN. Until adjournment to-day, and that the- time be equally divided between the gentlemarr from Alabama an.d myself.

:.l\1r. DENT. May I ask the gentleman from California what the program is fou to-morrow?' ·

M:r; KAHN- I am advised that it is probable that the railroad deficiency bill may come in to-morrow.

l\lr; DEl~T. And the Army appropriation bill will b set aside to-morrow? ,

Mr. KAHN . . l understand so. { Mr; DENT. Will Calendar Wednesday be set a ide and tllen

the Army bill resumed on ·wednesday? 1

Mr. MONDELL. We hope-so. I

Mr. KAHN. I understand that the gentleman from Alabama would like to· finish; his remarks in geueral debate on Wellnesday, ou when the .Axmy bill is again taken up. I shall ask that general debate close immediately after the conclusion of the

HOUSE OF REPRES]IN·T_\.TIVES.. remarks of the gentleman from Alabama on Wednesday. ~1r. CLARK of Uissouri. But we have not yet done away

~fO.ND.AY, June 9, 1919. with Calendar Wednesday. The SPEAKER. The Chair would suggest that the gen tie

The House met a.t 1.2' o clock noon. man amend his request so that the gentleman fl·om Alabama The Chaplain, Rev: Renry· N. Comlen, D. n .. offer~d_ the fol- may conclude his remarks on the next daj· when the Arrnv bill

lowing prayer:- is taken up. It might not be taken up 'Vednesday. o Thou Gren.t Spirit, autl1or of the va t universe. Fatlier of Mr. CLARK of Missouri Why does not the gentleman ask

all ouls, inspire tis, we bese ch Thee with an. earrrest desire· to unanimous consent now to dispense with the busine s on n.luse the facultie of mind and soul, which Thou hast bestowed en dar. Wednesday? upon: us, for the betterment of all mankind. ' Mr. KAHN. Mr. Speaker, I malre that reque t.

Turn an evil lleru·t to good and all good hearts to. servants in. The SP:ElA.KER. The gentleman from California a k. unani-the tineynxd of the Lord, that Thy kingdom may come and Thy- rn.ous consent that the business on Calendar WednesdaY. uext will be done in earth as in heaven, through the precept and. be diSpen ed with. Is there objection! example of the Master. Amen. Mr. G.A.RD. Reserving the right to object, what is there on-

The Journal of the proceedings of Saturday la twas read andt. the calendar? approved. The SPEAKER. Only one or two bills.

Mr. MONDELL. There are two. bills · reported by the Dis-ORDER OF BUSL"'CffiBS. trict of Columbia Committee, one having to do with appointing

Mr. :M.4..PES., Ur~ Speaker, I a k unanimous consent to. pro- a commission to study the water question. and the other refers ce d for two mitmtes. to, game birds.

The SPEAKER. The gentleman fl:om Michigan. asks unani- I\fr. GARNER. Has not the ·daylight- avin.g bill beeu re-mou consent to proceed for two minutes. Is there objection'! ported from the COmmittee on Interstate and Foreign om

There was uo·objection. merce? llir. MAPES. Mr. Speaker, under the rules of: the House The SPEAKER It is not yet reported.

to-day, being. the second Monday in. the month, is set apa.rt for Mr. GARD. Further reserving the right to object, how much• the consideration of uch.. business as may be presented by the of to-day does the gentleman from California. intend to conCommittee on the District o~ Columbia.. It is well known, how- sume? What time will the committee rise? e' l'; that th re are severulimportant appropriation bills, includ- Mr. KAHN. I hope to. rise not later than 5.30. ing among others the Army and the naval appropriation bills, The SPEAKER. Is there objection t<t, the request o.f the which ha\e not yet lJeen considered and, as e\erybody knows, gentleman from California? which should be enacted into law before the 1st of July. For 1\fr. GREENE. of "Vermont. Reserving. the right to object fol.' that reason. and following out the suggestion of the Speaker and th& purpose of making the situation cleru·, is it intended that the majority leader, as chairman of the Committee on the Dis- generaL debate will have closed at the adjQurnment this aftertrict of Columbia I shall not ask the House to~day to consider noon, with the- exception of the reservatiolli of time for- the the District bills reported and on the calendar, although theta gentleman from Alabama to couclude when the Army bill. is are two bills which the committee would be glad to have the next resumed? House consider~ 1\Ir. KAHN. That is my understanding. Ho much time

I would like, however. to take advantage of. this opportunity will the gentleman from AJ.a.buma consume in his remarks, in to a that 1 hope after the supply bill.s- are passed the reWn.r general debate? Di trict <lass, the second and fourth Mondays of each month, Mr. DENT. Not to exceed one hour, and I hope not over '"ill be used fol! the consideration of District legislation. To 30 minutes. that end I am assured of the cooperation of the Spea.k:er and the The SPEAKER. I there objection to the request o{ themajority leader. For the present it is perhaps as important to gentleman from California to disvense with: business on Cnlelll"' tl1e District a. to anyone that the supply bills should, be. passed. dar Wednesday? without any unnecessary delay. · · There was no objection.

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