D 643 .07 C6 Copy 1 / Metal Edge, Inc. 2007 RAJ. 66TH CONGRESS 1 SENATE I ^?pn™r'' 1st Session J ( MO. sb DATA ON GERMAN PEACE TREATY DATA PRESENTED TO THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE RELATING TO THE TREATY OF PEACE WITH GERMANY PREPARED BY Major J. REUBEN CLARK, Jr. Formerly Solicitor of the Department of State D 643 .fl7 C6 Copy 1 L > ? 7 PRESENTED BY MR. KNOX August 23 (calendar day, August 29), 1919. ^Ordered to be printed WASHINGTON COVEUNMENT PRINTING OFFICE 1919 SEP 12 \m CONTENTS. Page. Table of cessions, renouncements, etc., with compensation and credits allowed therefor 1-30 Notes 5 I. Elements and principles of German responaibilitiea and liabilities 5-10 Damages 5~6 Restitution 7 Application of German assets, priorities 7-8 Property, rights, and interests 8-9 Waiver of claims by Germany 10 II . Absolute cessions or renouncements of territory by Germany 10 III . Contingent cessions or renouncemenbi of territory by Germany 11 IV. Germany's relinquishment of extraterritorial and analogous rights H-12 V. Germany's acceptance of special territorial rights and acceptance of consequences 12 VI. Germany recognizes independence of, boundaries, and frontiers of certain states 12-13 VII. Germany renounces special conventional rights outside Europe 13 VIII. Germany consents beforehand to any new treaties Allied or Associated Powers may make ; ■ : ■ - ^^ IX. Germany consents to abrogation of all treaties not specially reserved, with resulting loss of all advantages appertaining thereto 15 X. German property turned over, surrendered, etc 16-20 1 . German national property, imperial and state, and the private property of the ex-emperor and other royal per- sonages 16-17 2. German property, national or private, and rights therein, such as national resources, etc 17 National resources 17 Public utilities, including railways 1** Shipping, ocean and inland 18-19 Cables and telegraph "'^^"^n Public utilities, concessions 20 XI. Germany to issue bonds, deliver up gold, cash depo.sits, securities, etc 20-23 Bonds 20-21 Gold ^ 21 Cash deposits and securities "^~oo Control of financial institutions 0.7 oo XII. Germany agrees to restore property seized, or taken, or coming into Germany's possession 22-23 XIII. Germany undertakes to build or not to build transportation facilities ' 23 XIV. Germany undertakes to deliver material or manufactured products 24-25 XV. Germany accepts following conditions, etc., as to her external commerce 25-27 Duties, charges, prohibitions, and restrictions 25 Reciprocity treaties nc/^p Customs provisions ? . Shipping 2U Unfair competition ^ ' Treatment of nationals of Allied and Associated Powers 27 XVI. Germany accepts restrictions on inland commerce and navigation 27-30 Freedom of transit ^'^o. Importations and exportationa 27 Free zones 90 9q Internationalization of waterways oo on Railway provisions 2 J-30 Kiel Canal 30 Memorandum No. 1. Special obligations of Germany relating to Alsace-Lorraine 31 Memorandum No. 2. Reduction of military, naval, and air forces, and fortifications ?i~Qr Memorandum No. 3. List of commissions and analogous bodies o . no .Memorandum No. 4. The Reparation Commission : .?q~?.? Memorandum No. 5. Clearing offices, and property, rights, and interests of nationals of the High Contracting Parties i Memorandum No. 6. Mixed arbitral tribunal 40_lq Memorandum >fa. 7. Additional conventions to be made under the Treaty 'C'-" "a Memorandum No. 8. Conventions or agreements which the Treaty recites have been made, but which have not been submitted [art. 318, p. 433] - ■ 43 3 DATA ON GERMAN PEACE TREATY. TABLE OF CESSIONS, RENOUNCEMENTS, GKANTS, DEIIVEKIES, RELEASES, WAIVERS, RECOGNITIONS, OBLIGATIONS, AND UNDERTAKINGS BY GERMANY, AND OF COMPENSATION FOR AND CREDITS AGAINST THE SAME, UNDER THE TREATY ON VERSAILLES. NOTES. Note 1. The "Principal Allied and Associated Powers" are the United States, France, Great Britain, Italy, and Japan. The "Allied and Associated Powers" are the foregoing powers and aU others signatory of the Treaty, except Germany. The "High Contracting Parties" are all signatories of the Treaty. It is not clear who are designated as "Allies." Note 2. The page references first given are to the two-language text (Senate Doc. 51, 66th Cong., 1st sess.). The italic page references are to the English text (Senate Doc. 49, 66th Cong., 1st sess.). Note .S. The table below is designed to show side by side the property or rights given up by Germany, whether it be territory ceded or renounced, obligations assumed or acknowledged, rights renounced or abrogated, rights recognized, or property rights surrendered (placed in the left-hand column) ; and the credit, if any allowed, for such property on the general reparation account (placed in the right-hand column). As to items as to which it is expressly provided that credit shall be given, it is so stated in the right-hand column opposite the item. If it is expressly provided in the Treaty that no credit shaU be given, this also is stated in that column. When the matter is doubtful, a question mark is placed in that column, after the entry. If no entry at all is made in the credit column, it means nothing has been found in the Treaty to indicate that any credit at all shall be given. Note 4. Speaking broadly and generally the theory of the Treaty, in the matter of the making up by Germany of damages and losses, appears to be this: Restitution shall be made of all AUied and Associated property taken by or coming into the possession of Germany since the war began, if the property is now in existence. In addition to this, reparation shall be made for property lost or destroyed and for civilian personal injuries caused by the war. The Reparation Commission is to make the adjustment for this, seemingly by making one bill against Germany covering everything and by then givmg on this account credit for the assets turned over by Germany for which credit is to be allowed. No credit is allowed for the proportion of public debt assumed by cessionaries of territory. Note 5. The Treaty also provides for the liquidation of aU German property in Allied and Associated countries, and of the property of all nationals of such Powers in Germany, including the private securities held in Germany of companies of AUied and Associated Powers. All cash assets of such liquidation held by an Allied or Associated Power go to the payment of claims (in respect of property, rights, and interests) against Germany by the Power's nationals, the balance, if retained by the Power, is to be paid to the Reparation Commission and credited on the reparation account. I. ELEMENTS AND PRINCIPLES OF GERMAN RESPONSIBILITIES AND LIABILITIES. Property and rights given up and duties and obligations undertaken by Germany. DAMAGES. Germany accepts tlie responsibilities of Oernuiny and her allies for causmg all the loss and damage to which the Allied and Associated Gov- ernments and their nationals have been subjected as a consequence of the war imposed upon them by the aggression of Germany and her Allies. (Art. 231, p. 249; ?x .9/.) Germany undertakes that she wiU make compensation for all damage done to the civilian population of the ADied and Associated Powers and to their property during the period of the belligerency of each as an Allied or Associated Power against Germany by such aggression by land, by sea, and from tlie air. (Art. 232, p. 249; p- ^1-) The amount of such damage for which compensation shah be made is to be determined by the Reparation Commission and notified to Germany. (Art. 233, p. 251; p. 92.) Compensation may be claimed from Germany for damages under fol- k)wiiig heads (Aj-t. 244, Annex I, p. 259; -p. 96): (1) Damage to injured persons and to siu'viving dependents by per- sonal uijury to or death of civilians caused by acts of war, including l)om- bardmcnts 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 wherever arising. Credit allowed for same. "The following shall be reckoned as credits to Germany in respect of her reparation obligations: "(o) Any final balance in favor of Germany under Section V (Al- sace-Lorraine) of Part III (Political Clauses for Europe) and Sections III and IV of Part X (Economic Clauses) of the present treaty: " (6) Amounts due to Germany in respect of transfers under Sec- tion IV (Saar Basin) of Part III (political clauses for Europe), Part IX (financial clauses) and Part XII (ports, waterways, and railways) ; " (c) Amounts which in the judg- ment of the Reparation Commis- sion should be credited to Germany on accomit of any other transfers under the present Treaty of prop- 5 DATA l)N GERMAN PEACE TREATY. I. ELEMENTS AND PRINCIPLES OF GERMAN RESPONSIBILITIES AND LIABILITIES— Continued. Property and rights given up and duties and obligations undertaken by Germany. DAMAGES^ — continued. (2) Damage by Gentiauy <>r Iter Allien caused to civilian victims by acts of cruelty, violence, or maltreatment (including injuries to life or liealth as a consequence of imprisonment, deportation, internment, or evacuation, of exposme at sea or of being forced to labor), 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 victims of all acts injurious to health or capacity to work or to honor, as well as to surviving depend- ents of such victims. (4) Damage caused by any kind of maltreatment of prisoners of wai'. (5) As damages caused to the peoples of the Allied and Associated Powers, aU pensions and compensations in the nature of pensions to naval and military victims of war (including members of the air force), whether mutilated, wounded, sick, or invalided, and to the dependents of such victims, the amount due to the Allied and Associated Governments being calculated for each of them as being the capitalized cost of such pensions and compensation at the date of the coming into force of the present treaty on the basis of the scales in force in France at such date. (6) The cost of assistance by the Governments of the Allied and Asso- ciated Powers to jjrisoners of war and to their families and dependents. (7) iVllowances by the Governments of the .Vllied and Associated Pow- ers to the families and deiiendents of mobilized ])orsons or jiersons serving with the forces, the amount due to them for each (•alendar year in which hostilities occm-red being calcidated for each Government on the basis of the average scale for such ])ayments in force in France during that year. (8) Damage caused to civilians by being forced by Germany or her allies to labor without just remiuieration. (9) Damage in respect of all ]3roperty wherever situated belonging to any of the Allied or Associated States or their nationals, with the excep- tion of naval and military works or materials, which have been carried off, seized, injured, or destroyed by the acts of Germany or her allies on land, on sea, or from the air, or damage (Tirecthj in consequence of hostili- ties or of any operations ofirar. (10) Damage in the form of levies, lines, and other similar exactions imposed by Germany or her Allies upon the civilian population. "The measures which the Allied and Associated Powers shall have the right to take, in case of voluntary default by Germany, and which Ger- inany 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 Governments may determine to be necessary in the cir- cumstances." (Art. 244, Anne.x IT, ])ar. IS, p. 27.5; p. 101. j Damage for repairing, reconstructing, and rebudding property in the invaded and devastated districts, includins: reinstallation of fiirniture, machinery, and other equipment, will be calculated according to the cost at the dates when the work is done. (Art. 244, Annex IT, par. 12 (e) ]). 269; p. .9.9.) Interest shall be debited to Germany as from May 1, 1921, in respect of her debt as determined by the Gomhiission, after allowing for sums al- ready covered by cash payments or their equivalent, or by bonds issued to the Commission, or under Ai-ticle 243. The rate of interest shall be 5 per cent miless the Commission shall determine at some future time that circumstances justify a variation of this rate. The Commission, in fixing on May 1, 1921, the total amount of the debt of Gerrnany, may take account of interest due on sums arising out of the reparation of material damage as from November 11, 191S, ui) to May 1 1921. (Art. 244, Annex II, par. 16, ]). 273; p. lOD.) Credit allowed for same. erty, rights, concessions, or other interests. "In no ca.se, however, shall credit be given for property restored in accordance with Article 238 of the present part." (Art. 243, p. 257; p. 94.) Article 238 relates to the restitu- tion of cash or the identical prop- erty taken from the Allied or As- sociated Powers. And see Article 250, p. 307, p. 112. Germany shall be given credit on the Reparation Account for the value as assessed by the Repara- tion Commission of material handed over under Article VII of the Armi- stice of November 11, 1918, and Ar- ticle III of the Armistice Agreement of January 16, 1919, and for any other material handed over in ac- cordance with the Armistice of No- vember 11, 1918, and all subse- quent Armistice Agreements, for which, as having nonmilitar}- vahio credit should, ui the judgment of tiie Reparation Commission, be allowed to the German Government. (Ar- ticle 250, p. 307; p. 112.) DATA ON GERMAN PEACE TREATY. I. ELEMENTS AND PRINCIPLES OF GERMAN RESPONSIBILITIES AND LIABILITIES— Continued. Property and rights given up and duties and oldigations undertaken by Germany. RESTITUTION. Restitution in cash of cash taken away, seized, or sequestered; and res- titution 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. (Art. 23S, p. '25.5; p. 93.) Germany undertakes to devote her economic resom-ces directl}' to the jhysical restoration of the invaded areas of the Allied and Associated Powers to the extent that these Powers may determine (art. 244, An- nex IV, par. 1, ]). 28.3; /'. 104) ^^^^ fo make direct application of Ger- many's economic resources to re])aration as specified in Annexes III, IV, y, and VI (Part ^'III, sec. 1) relating', res])ectively, to merchant shipping, io physical restoration, to coal and derivatives of coal, and to dyestuffs and other chemical products. (Art. 236, p. 253; p. 93.) Wliatever part of the full amount of the jjroved claims is not paid in uold, or in ships, securities and commodities or otherwise, Germany shall be required, under such conditions as the Commission may determine, to cover by way of guarantee by an equivalent issue of bonds, obligations or otherwise, in order to constitute an acknowledgment of the said j)art of the debt. (Art. 244, Annex II, par. 12 (a), ]).'267; p- 98.) ■ APPLICATION OF GERMAN ASSET.S. PRIORITIES. "Subject to such exceptions as the Reparation Commission may ap- prove, the first charge upon all the assets and revenues of the German Empire and its constituent states shall be the cost of reparation and all other costs arising under the present Treaty, or any treaties or agree- ments supplementary thereto or under arrangements concluded between Germany and the Allied and Associated Powers during the Armistice or its extensions. "Up to May 1. 1921, the German Government shall not export or dis- pose of, and shall forbid the export or disposal of, gold without the previ- ous approval of the Allied and Associated Powers acting through the Reparation Commission." (Art. 248, p. 305: p. 111.) "The priority of charges established by Article 248 shall, subject to the qualifications made below, be as follows: " (a) The cost of the armies of occupation as defined under Article 249 during the Armistice and its extensions. " (&) Tlie 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 conven- tions 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 Powers to be essential to enable Germany to meet her obligations in re- spect of reparation will have priority to the extent and upon the condi- tions which have been or may be determined by the Governments of the said Powers." (Art. 251, pp. 307-309; /). 112.) The foregoing provisions do not affect the rights of the Allied and As- sociated Powers to dispose of enemy assets and property within their re- sTtective jurisdictions. (Art. 252, p. 309; ;:>. 113.) "Nothing in the foregoing provisions shall prejudice in any manner charges or mortgages la'wfulTy effected in favor of the Allied or Associ- ated Powers or their nationals respectively, before the date at which a state of war existed between Germany and the AUied or Associated Power concerned, by the German Empire or its constituent states, or by Credit allowed for same. No credit on comjiensation ac- comit. (Art. 243, p. 257; p. 94; Art. 250, p. 307; p. 112.) " The value of the property trans- ferred and any services rendered by her under these Annexes (Part VIII) assessed in the manner there- in prescribed, shall be credited to her (Germany) towards liquidation of her obligations under the above articles." (Art. 236, p. 253 ; p. 98.) DATA ON GERMAN PEACE TREATY. 1. ELEMENTS AND PRINCIPLES OF GERMAN RESPONSIBILITIES AND LIABILITIES— Continued. Property and rights given up and dvities and obligations undertaken by Germany. APPLICATION OF GERMAN ASSETS — Continued. PRIORITIES — continued . German nationals, on assets in their ownership at that date." (Art. 253, p. 309;;^). 113.) The siiccessive installments paid over by Germany in satisfaction of the 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. (Art. 237, p. 2.53; p. 93.) PROPERTY, RIGHTS, AND INTEREST. The Allied and i^ssociated Powers reserve the right (subject to contrary stipulations in the Treaty) to retain and liciuidate all property, rights, and interests belonging at the date of the coming into force of the present treaty to German nationals, or companies controlled by them, within their territories, colonies, possessions, and protectorates, including territories ceded to them by the present treaty. (Art. 297, p. 367: p. 134; and see also Art. 252, p. 309; p. 113.) THis applies to industrial, Htcrary, and artistic ])roperty dealt ^nth inider war legislation by the Allietl anil Asso- ciated Powers (Art. 298, Annex, par. 15, p. 385; p. HD, but rights of industrial, literary, and artistic property not so treated shall be restored, and rights which would have been established except for the war shall be recognized and established (Art. 306, pp. 415, 417; p. 152). The Gor- man owner shall not be able to dispose of such property, rights, or inter- ests nor to subject them to any charge without the consent of that state. (Art. 297 (&), p. 367; p. 134') Until the completion of the liquidation so provided for, the property, rights, and interests of German nationals will continue to be subject to exceptional war measures that have been or will be taken with regard to them. (Art. 298, Annex, par. 9, p. 381; j^- 139.) The nationals of Allied and Associated Powers shall be entitled to com- pensation in respect of thimage anti injury inflicted upon their [U'operty, rights, or interests, including any company or association in which they are interested in German territory as it existed on August 1, 1914, by the application either of the exceptional war measures or measures of transfer mentioned in paragraphs 1 and 2 of the Annex hereto. This compensa- tion shall be borne by Germany, and may be charged upon the property of German nationals within the territory of or under the control of the claimant's state, which property may be constituted as a pledge for enemy liabilities under the conditions hxed by paragraph 4 of the Annex thereto. The j)ayment of this compensation may be made by the Allied or Asso- ciated state, and the amount will be debited to Germanv. (Art. 297 (c), p. 369; p. 134.) All property rights and interests of German nationals within the terri- tory ot any Allied or Associated Powers and the net proceeds of their sale, lic[uidation, or other dealing therewith, may be charged by that Allied or Associated Power in the first place with payment of amounts due in respect of claims by the nationals of that Allied or Associated Power with regard to their property, rights, and interests, including companies and associations in which they are interested in German territory, or debts owing to them by German nationals, and with payment of claims growing out of acts committed by the German Government or by any German authorities suice July 31, 1914, and before that Allied or Associated Power entered into the war. The amount of such claims may be assessed by an arbitrator appouited by Mr. Gustave Ador, or he being unwillmg, by the Mixed Arbitral Tribunal. 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, withm the territory of other enemy powers in so far as those claims are otherwise unsatisfied. (Art. 298, Annex, par. 4, p. 379; p. 138). Credit allowed for same. Price or amount of compensation fixed in accordance with the meth- ods of sale or valuation adopted by the laws of the country in M'hich the property has been retained or lioui- dated. " (x\rt. 2&7 (c), p. 367: p. 134.) No credit on compensation ac- count f(u- the product of the liquida- tion of the property covered by these sections, except in so far as concerns any final balance in favor of Germany under Article 243. (Art. 242, p. 257; p. 94.) Compensation shall be deter- mined by the Mixetl Arbitral Tri- bunal provided for in Section VI or by an arbitrator appointed by that Tribunal. (Art. 297 (e), p. 369; p. 134; and sec Art. 298, Annex, p. 4, p. 379; p. 13S, opposite column below.) DATA ON GERMAN PEACE TREAT"?. ELEMENTS AND PRINCIPLES OF GERMAN RESPONSIBILITIES AND LIABILITIES— Continufd. Propsrty and rights given up and duties and obligations undertaken by Germany. PROPERTY, RIGHTS, AND INTEREST — Continued. Each of the Allied and Associated Powers reserves the right to impose limitations on industrial, literary, or artistic property, acquired before or during the war, or hereafter, of a character deemed necessary by the Power for national defense or the public interest, or except as to rights hereafter accjuired, as a coerciye or preventative measure against Germany, or for .securing performance of the obligations of the present Treaty. But these provisions shall not apply to properties dealt with under war measures. (Art. 306, p. 419; f. 152.) Rights lapsed on account of nonperformance of any formality because of the war snail be revived. (Art. 307, p. 421; ]). 153.) Such revival to be subject to regulations of war time. Rights of priority as to such property shall be extended. (iVi-t. 308, p. 421; p. 153.) Any claim for compensation in respect of damage or injury to property, rights, or interests by the application of measures of transfer shall be satis- fied by the restitution of the said property, if it still exists in specie (Art. 297 (f), p. 369; p. 135) ; but such right of restitution is reserved to owners who are nationals of Allied or Associated Powers within whose territory legislative measures prescribing the general liquidation of enemy prop- erty, rights, or interests were not applied before the signature of the Ai-mistice. (id. (g) p. 371; p. 135.) Up to the time when restitution is carried out under Article 297, Ger- many is responsible for the conservation of property, rights, and interests of the nationals of allied and associated powers, including companies and associations in which they are interested that have been subjected l)y her to exceptional war measures. (Art. 298, Annex, par. 6, p. 381; p. 139.) All investments, wheresoever effectetl, 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 administration of enemy properties or having control over such adminis- tration, or by order of such persons or of any authority whatsoever shall be annulled. These cash assets shall be accounted for irrespective of any investment. (Art. 298, Annex, par. 12, p. 383; p. HO; Art. 306, p. 417; p. 151.) Germany undei-takes to transfer to any Power to which German terri- tory 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 organizations under their control, as is attributable to the carrying on of social or state insurance in such territory, the funds transferred to be applied to the performance of obligations arising from such insurance. (Art. 312, p. 427; p. 155.) Without prejudice to other annoinicements in the Treaty the Repara- tion Commission may within one year from the coming into force of the Treaty demand that the German Govei'nnient shall become possessed of rights and interests of German nationals in any public utility, undertaking or in any concession, operating in Russia, China, Turkey, Austria, Hungary, and Bulgaria or in the possessions or dependencies of these states or in any territory formerly belonging to Germany or her allies, to be ceded by Germany or her allies to any power or to be administered by a mandatory under the present Treaty, and may require that the German Governtnent transfer, within six months of the date of demand, all such rights and interests and any similar rights and interests the German Government may itself possess to the Reparation Commission. (Art. 260, p. 317; p. 116.) The provisions of this article apply in the case of all agreements concluded witli German nationals for the construction or exploitation of German 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. (Art. 123, p. 171 ; /). 63.) S. Doc. 86, 66-1 2 Credit allowed for same. Credit given on reparation ac- count for the value assessed by the Reparation Commission of the transferred rights. (Art. 260, p. 317; ;>. 116.) 10 DATA ON GERMAN PEACE TREATY. I. ELEMENTS AND PRINCIPLES OF GERMAN RESPONSIBILITIES AND LIABILITIES— Continued. Property and rights given np and duties and obligations undertaken by Germany. WAIVER OF CLAIMS BY GERMANY. To China and any Allied or Associated Govenimerit: All claims arising out of the internment of German nationals in China and their repatriation, and all claims arising out of the capture and condemnation of German ships in China or the liquidation, sequestration, or control of German property rights and interests in that country smce August 14, 1917. (Art. 133," p. 177; p. 65.) Rights of individuals are protected under Part X of the Treaty (id.). To Siam: Germany waives all claims against the .Siamese Government on hehalf of herself and her nationals arising out of the seizures and condenuiation of German ships, the liquidation of German property, or the internment of German nationals in vSiam. (Art. 137, ]). 179; p. 66.) Rights of indi- viduals are protected under Part X of the Treaty (id.). To Allied and Assoeiated Governments: Germany waives all claims of any description against the Allied and Associated Governments and their nationals in respect of the detention, employment, loss, or damage 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 January 13, 1919, and sub- secment agreements. Germany waives all claims to vessels or cargoes sunk by or in conse- quence of" naval action and subsequently salved, in which any of the Allied or Associated Governments or their nationals may have any inter- est either as owner, charterer, insurer, or otherwise, notwithstanding any decree of condemnation which may have been made by a prize court of Germany or her allies. (Ai't. 244, "Annex III, pars. 8-9, pp. 281-283: pp. 103-104'.) No claims or indemnities which may result from the annulment of concessions, privileges, and favors of any kind granted since August 1, 1914, to Germany or to a German national by Russia or a state or gov- ernment of which the territory formerly constituted a part of Russia, shall be charged against the Alhed or Associated Powers or the powers or states, governments, or public authorities which are released from their engagements by the present article. (Art. 293, p. 345; p. 126.) Without prejudice to the provisions of the present treaty Gernmny undertakes not to put forward directly or indirectly against any allied or associated power signatory of the" present Treaty, including those which, without havnig declared war, have broken off diplomatic relations with the German Enipire, any pecuniary claims based on events which occurred at any time before the coming into force of the present Treaty. The ])resent stipulation will bar completely and linally all claims of this nature, which will be thenceforward extinguished whoever may be the parties in interest. (Art. 439, p. .535; p. 193.) No claim shall be made or action lirought by Germany or German nationals in respect of any industrial, literary, or artistic property used during the war by any Allied or Associated Power or the nationals thereof, nor in' resjiect of" any sale, offering for sale, or use of any products, arti- cles, or apparatus whatsoever to which such rights applied. (Art. 306, p. 417; p. In2.) Credit allowed for same. DATA ON GERMAN PEACE TREATY. II. ABSOLUTE CESSIONS OR EENOUNCEMENTS OF TERRITORY BY GERMANY. 11 Property and rights given up and duties and obligations undertaken liy (Jermany, TERRITORY CEDED. To Belgium: Morsenet neutre. (Art. 32, p. 55; p. 21.) Prussian Morsenet. (Art. 33, p. 55; p. 21 . To France: Alsace-Lorraine. (Art. 51, p. 93; p. 35.) To Czechoslovak State: Small area in Southeastern Silesia. (Art. S3, p. ll!i; j). 44-) To Poland: Considerable portions of Eastern Germany, seemingly German Poland (boundaries eannot be followed on maps available). (Art. 87, p. 123 ; p. 46.) To Principal Allied and Associated Poxvers: Free city of Danzig, with adjacent surrounding territory (Art. 100, p. 149; p. 55), to be placed under the protection of the League of Nations. (Art. 102, p. 151; p. 56.) To Principal Allied and Associated Powers: All Germany's rights and titles over her oversea possessions. (Art. 1 19, p. 169; p. 63.) To Principal Allied and Associated Potvers: Memel. (Art. 99, p. 147; />. 55.) Credit allowed for same. No compensation bet/ond the as- sumption by the cessionari/ of a por- tion of the Gerinan jrre-war debt in am amount equal to that represented by the ratio between the pre-war reve- nues of the ceded area and the total revenues of the Empire or states, respectively. (Art. 254, p. 309; p. 113.) No credit on reparation account, but debt assumed. (Art. 39, p. 59; p. 34; Art. 254, p. 309; p. 113.) No credit on reparation account, and debt not assumed. (Art. 55, p. 95; /*. 36: Art. 255, p. 311; p. 113.) No credit on reparation account, but debt assuined. (Art. 254, p. 309; p. 113.) No credit on reparation account, but debt assiuned, mimis that por- tion thereof which represents cost of German colonization of Poland. (Art. 92, p. 137; p. 51-52; Art. 255, p. 311; p. 113.) No credit on reparation account, but debt assumed. (Arl. 254, p. 309; p. lis.) Debt not assiuned. No credit on reparation account. (Art. 257, p. 313; p. 114.) No ci-edil on reparation account, and debt assumed. (Art. 257, p. 313; /-. 114.) III. CONTINGENT CESSIONS OR RENOUNCEMENTS OF TERRITORY BY GERMANY. To Belgium: Kreise of Eupen and Malmedy, final disposition determined by plebis- cite. (Art. 34, p. 57; p. 22.) To League of Nations, as Trustee, with possibility in France: Saar Basin, final disposition determined by plebiscite (Art. 49, p. 67; p. 25; Art. 50, Anne.x, Chap. Ill, par. 34-35, pp. 87-89; p. .>.)), mean- while governed by a Commission (Art. 50, Annex, Chap. II, par. 16-33, pp. 77-87; pp. 29-33.) To Poland: Upper Silesia, a portion of, if plebiscite so determines. (Art. 88, p. 125; p. 47.) No credit on rejiaration account but debt assumed. (.\rt. 39, p. 59; p. 23; Art. 254, {). 309; p. 113). No cn^dit on rei>arution account and (l(>ht not assununl (.'Vrt. 257, p. 313; />. 114). No credit on rejiaration account but tlebt assiuned. 12 DATA ON GERMAN PEACE TREATY. m. CONTINGENT CESSIONS OR RENOUNCEMENTS OF TERRITORY BY GERMANY— Continued. Property and rights given up and duties and obligations undertaken by Germany. To Poland, or somebody else: East Prussia, portion of, if plebiscite so determines. (Art. 94, p. 141; p. 52.) To Poland or East Prussia: Kreise of Stuhm and Rosenberg, and a portion of tlie Kreise of Marien- burg. (Art. 96, p. 145; p. 53.) To Czeclio-Slovak State: Kreis of Leobschutz, a portion of, if a detennination of Polish frontier isolates this from Germany. (Art. 83, p. 121; p. 44-) To Principal Allied and Associated Powers: Schleswig, to be handed over to Denmark, if plebiscite so dotcrniincs. (Art. 109, p. 155; p. 58; Art. 110, p. 163; p. 60.) For purposes of plebiscite, the territory is divided into two zones. (Art. 109, p. 155; p. 60.) Credit allowed for same. If to Poland, minus that portion thereof which represents cost of German colonization of Poland. (Art. 92, p. 137; p. 51; Art. 255, p. 311; p. 113.) No credit on reparation account but debt assumed. (Art. 254, p. •dm; p. lis:) No credit on reparation account but -debt assumed. (Art. 114, p. 165; p. 61; Art. 254, p. 309; p. 113.) IV. GERMANY'S RELINQUISHMENT OF EXTRATERRITORIAL AND ANALOGOUS RIGHTS. Witl Sia.m: As from July 22, 1917. (Art. 135, p. 177; p. 66.) With Morocco: As from August 3, 1914, "renounces the regime of the cajntidations." (Art. 142, p. 181; p. 67.) With Egypt: As from August 4, 1914, "renounces the regime of the capitulations." (Art. 147, p. 183; p. 6S.) Samoa: Rights under the tripartite convention of December 2, 1899. (Art. 288, p. 341; ]). 125.) No statement as to who receives these rights. [But see general overseas cession, Art. 118, p. 109; p. 63.] V. GERMAN RECOGNITION OF SPECIAL TERRITORIAL RIGHTS AND ACCEPTANCE OF CONSEQUENCES. Morocco: Recognition of French Protectorate, and "accepts all the consequences of its establishment." (Art. 142, p. 181; p. 67.) Egypt: Recognizes protectorate ])roclaimed over Egv]it bv Great Britain on December 18, 1914. (Art. 147, p. 183; p. 6S.) ' VI. GERMANY RECOGNIZES THE INDEPENDENCE OF CERTAIN STATES AND THE BOUNDARIES OR FRON- TIERS THEREOF AS ALREADY OR HEREAFTER DETERMINED. Austria: Germany acknowledges and wiU respect strictly the independence of Austria, which independence will be inalienable, except with the consent of the Council of the League of Nations, within the frontiers fixed in a treaty b(>tween that state and the Allied and Associated Powers. (Art. 80, p. 117; p. 44.) DATA ON GERMAN PEACE TREAT V. 13 VI. GERMANY RECOGNIZES THE INDEPENDENCE OF CERTAIN STATES AND THE BOUNDARIES OR FRONTIERS THEREOF AS ALREADY OR HEREAFTER DETERMINED Contiuueii. Property and rights given up and duties and obligations undertaken by Germany. Czechoslovak State: Germany recognizes the complete independence of the Czecho-Slovak State, which will include the autonomous territory of the Ruthenians to the south of tlie Carpatliians, and recognizes the frontiers of this state as determined bv the Allied ancl Associated Powers and the other interested states. (Art! si, p. 119; /*. 44.) Poland: Germany recognizes the complete independence of Poland, tlie boun- daries not laid down in the treaty to be subsequently determined by the Principal Allietl and Associated Powers. (Ai't. 87, p. 125; p. 46-) Russia and Russian States: Germany acknowledges and agrees to respect as permanent and inalienable tlie independence of all the territories v/hieh were part of the former Russian Empire on Augtist 1, 1914. Germany undertakes to recognize the frontiers of any state now existing or coming into exist- ence which formed a part of the former empire of Russia as it existed on August 1, 1914, and to recognize the frontiers of such states as determined by them and the Allied and Associated Powers. (Art. 116, p. 167; j). 62.) Allied emd Associated Power's: Germany undertakes to recognize the full force of the Treaties of Peace and additional conventions wliich may be concluded by the Allied and Associated Powers with the Powers who fought on the side of Germany, and to recognize wliatever dispostion may be made concerning tlie terri- tories of tlie former Austro-Hungarian Monarchy, of tlie Kingdom of Bul- garia, and of the Ottoman Empire, and to recognize tlie new States within their frontiers as those laid down. (Art. 434, p. 525; p. 190.) Credit allowed for same. VII. GERMANY RENOUNCES SPECIAL NAMED CONVENTIONAL RIGHTS OtTTSIDE EUROPE. To China: "Benefits and privileges resulting from the provisions of the final Protocol, signed at Peking on September 7, 1901, and from all annexes, notes, and documents supplementary thereto," and in "favor of China," any "claim to indemnities accruing thereunder subsequent to March 14, 1917" ("Boxer Indemnity"). (Art. 128, p. 173; p. 64.) China not bound to grant to Germany the advantages of the arrangement of August 29, 1902 (regarding the new Chinese tariff) or the arrangement of Septem- ber 27, 1905, regarding Wheng-Poo, and the provisional supplementary arrangement of April 4, 1912. (Art. 129, p. 173; p. 64.) Leases under which the German concession at Hankow and Tientsin are now held. (Art. 132, p. 175; p. 65.) With Siam: All treaties, conventions, and agreements between Siam and Germany terminated. (Art. 135, p. 177; p. 66.) With Liberia: All rights and privileges arising from the arrangements of 1911 and 1912 regarding Liberia, and particularly the right to nominate a German receiver of customs (no one named to exercise this right) are renounced. (Art. 138, p. 179; p. 66) and all treaties and arrangements between the two countries terminated. (Art. 139, p. 179; p. 66.) With Morocco: All rights and titles and privileges conferred liy the General Act of Algeciras of April 7, 1906, and the Franco-German Agreements of Febru- ary 9, 1909, and November 4, 1911, are renounced. All treaties, agree- ments, arrangements, and contracts concluded with the vSherifian Empire are abrogated as from August 3, 1914. (Art. 141, p. 179; p. 67.) German protected persons, semsars and "associes agricoles" no longer have a privileged status but are subject to the ordinary law. (Art. 143, 14 DATA ON GERMAN PEACE TREATY. VII. GERMANY RENOUNCES SPECIAL NAMED CONVENTIONAL RIGHTS OUTSIDE EUROPE— Continued. Property and rights given up and duties anid obligations undertaken by Germany. p. hSl ; /*. 67.) Germany will not intervene in any way in negotiations relating to Morocco between France and any other power. (Art. 141, p. 181;/*. 67.) With Egypt: All treaties, agreements, arrangements, and contracts with Egypt are abrogated as from August 4, 1914. Gennany will not intervene in any way in negotiations relating to Egypt between Great Britain and any other power. (Art. 148, p. 183; p. 68.) Germany consents to abroga- tion of the Khedival decree of November 28, 1904, relating to the Commis- sion of the Egyptian Public Debt or to changes therein as the Egyptian Government may wish. Germany renounces all participation m the Sanitary, Maritime, and Quarantine Board of Egypt. (Art. 151, p. lS5;/>.'65.) To Japan: All her rights, title and privileges which Gennany acquired from China by the Treaty of March 6, 1898, and all other arrangements relating to the Province of Shantung. (Art. 156, p. 187; p. 70.) To France: All rights under (he Conventions and Agreements with France of November 4, 1911, and September 28, 1912, relating to Equatorial Africa. (Art. 125, p. 171 ; p. 64.) To Great Britain: Transfer to Great Britain, of the powers conferred on his Majesty the Sultan, by the Convention signed at Constantinople on October 29, 1888, relating to free navigation on the Suez Canal. (Art. 152, p. 185; p. 69.) • 'redit allowed for same. VIII. GERMANY CONSENTS BEFOREHAND TO ANY TREATIES WHICH THE ALLIED OR ASSOCIATED POWERS MAY MAKE. (See Memorandum No. 7.) With /{elf/iuni: Any treaties entered into by the Principal Allied and Associated Powers, Belgium, and Holland, to le place the Treaties of April 19, 1839. (Art. 31, p. 55; p. :iU) With Luxemhmy: Germany accepts in advance all international arrangements which may be concluded by the Allied and Associated Powers relating to the Grand Duchy. (Art. 40, j). 61 ; p. 23.) Russia and Russian iStates: Germany will recognize all treaties or agreements entered into by the Allied and Associated Powers with states now existing or coming into existence in the future in the whole or pnrt of the Empire of Russia as it existed on August 1, 1914. (Art. 117, p. 167: p. 6:2.) Allied and Associated Pawers or one oj them with any other Power: Gennany will accept and observe all agreements made by these Powers relating to trade m arms and spiiits, and to matters dealt with in the General Act of Berlin of February 26, 1885, the General Act of Bnissels of July 2, 1890, and the conventions completing or modifying the same. (Art. 126, p. 173; p. 64.) Turlcey and Bulgaiia: Gennany recognizes and accepts all arrangements which the Allied and Associated Powers may make with Turkey and Bulgaria with reference to the rights, interests, and privileges claimed by or for Gennan nationals in those states. (Art. 155, p. 187; p. 69.) DATA ON GERMAN PEACE TREATY. 15 Vin. GERMANY CONSENTS BEFOREHAND TO ANY TREATIES WHICH THE ALLIED OR ASSOCIATED POWERS MAY MAKE — Continued. Properly and rights given up and duties and obligations undertaken by Geruianj'. New States: Germany undertakes not to refuse her assent to conclusion of certain arrangements by new states. (Art. 283, p. 339 ; p. 1.34.) Principal Allied and Associated Powers with Third Power: Germany hereby undertakes to recognize and to conform to the measure and agreements taken Ity the foregoing powers to carry out the renounce- ment of Germany's rights, titles, and privileges whatever in or over territories 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. (Art. 118, p. 169; p. 62.) Allied and Associated Powers: Germany undertakes to adhere to any general conventions regarding international regime of transit, waterways, ports or railways which may be concluded by the Allies and Associated Powers, with the approval of the League of Nations, within five years of the commg iiito force of the present Treaty. (Art. 379, p. iSS; p. 175.) Germany undei takes to recognize the fidl forct^ and effect of 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. (Art. 434, p. 525; p. 1,90.) Credit allowed for same. IX. GERMANY CONSENTS TO ABROGATION OF ALL TREATIES NOT SPECIALLY RESERVED, WITH RESULTING LOSS OF ALL ADVANTAGES APPERTAINING THERETO. Multilateral Engagements: Multilateral treaties, conventions, and agreements of an economic character as enumerated in the Ti'eaty sliall alone be apj)lied as between Germany and those of the Allied and Associated Powers party thereto. (Art. 282, p. 335; p. 122.) Bilatera I En gage m e nts : Each of the Allied or Associated Powers shall notify to Germany the bilateral treaties or conventions which such Allied or Associated Power M'ishes to revive with Germany. Only such bihiteral treaties so notified shall be revived; all the others are and remain abrogated. (Art. 289, j). 343: p. 125.) Austria, Hungary, Bulgaria, Turkey: All treaties, conventions, or agreements concluded with these powers since August 1, 1914, to the coming into force of this Treaty "are and shall remain abrogated." (Art. 290, p. 343; p. 125.) Russia, Roumania: All treaties, conventions, or arrangements concluded with Russia, or any Russian state or Government, or with Roumania, either before August 1, 1914, or after that date until the coming into force of the present Treaty, "are and remain abrogated." (Art. 292, p. 345: p. 126.) Germany ac- cepts definitely the abrogation of the Brest-Litovsk Treaties and all other treaties, conventions, and agreements entered into by her with the Maxi- malist Government in Russia. (Art. 116, p. 167; p. 62.) Belgium: Recognizes neutralizing treaties of April 19, 1839, as no longer conform- able to the requirements of the situation and consents to the abrogation thereof. (Art. 31, p. 55: p. 21.) [juxemhurg: Germanv "Adheres to the termination of the regime of neutrality of the Grand" Duchv" established bv the treatv of Mav 11, 1867. (Art. 40, p. 61: p. 23.) 16 DATA ON GERMAN PEACE TeIiATY. X. GERMAN PROPERTY TURNED OVER, SURRENDERED, ETC. 1. German national property, imperial and state, and the private property of the Ex-Emperor and other royal personages. (Compen- sation, where made, is turned over to Reparation Commission.) Properly and rights sjiven up and duties and obligations undertaken by Germany. To Belgium: Moresnet neutre and Prussian Moresnet, such property in. To France: Alsace-Lorraine, such property in. To Czechoslovak State: Silesia, such property in small area in southeastern part of. To Poland: Eastern Germany, such property in ceded portions of. To Principal Allied and Associated Powers: Memel, such property m. To Principal Allied and Associated Powers: Free City of Danzig, such property in. Credit allowed for same. To Principal Allied ami Associated Powers: German Colonies, all such ]>ropcrty in. To Belgium: Kreise of Eupen and Malmedy, such property hi, if area ceded to Bel- gium after plebiscite. To League of Nations as Trustee vith possibility i France: Saar Basin, such property m, if area ceded to France after plebiscite. To Poland: Upper Silesia, such jiroperty in portions of, if area goes to Poland after plebiscite. To Poland or somebody else: East Prussia, such property in portions of, if area goes to Poland after plel)iscite. To Poland or East Prussia: KJreise of Stuhm and Rosenberg, and a portion of the Ki-eise of Marien- burg, such property in, if area goes to Pt>land after plebiscite. To (.'zecho-Slovak State: Kreis of Leobschutz, such property in a portion of, if area goes finally to Czecho-Slovak State. u No credit or compensation. (Art. 39, p. 59; p. 2S; Ai't. 256, p. 313; p. 114.) No credit or compensation. (Ai't. 56, p. 95; p. 36; Art. 256, p. 313; p. IH.) Credit on reparation account. (Art. 256, p. 311; p. II4.) Credit on reparation account, minus valuation of buildings, for- ests, and other state property be- longing to the former Kmgdom of Poland. (Art. 256, p. 313; p. 114; Art. 92, p. 139; p. 51.) Credit on reparation account. (Art. 256, p. 311; p. 11 4.) Credit on reparation account. (Art. 256, p. 311; p. 11 4.) But property shall be given to Free City of Danzig or to Poland as the own- ing Powers may determine. (Art. 107, p. 155; p.S8.) No credit on reparation account. (Art. 257, p. 313; p. 11 4.) No credit on reparation account (Art. 39, p. 59; p. 23; Art. 256, p. 313; p. 114.) No credit(?) (See Art. 257, p. 313; ^>. 114.) Credit if to Poland. (Art. 256, p. 311; p. 114.) Credit on reparation account. (Art. 256, p. 311; p. 11 4.) DATA ON GERMAN PEACE TREATY. X. GERMAN PEOPERTY TTIRNED OVER, SURRENDERED, ETC.— Continued. 17 Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. To Principal Allied and Associated Powers: Scheswig, such property in, if area goes to Denmark after plebiscite. Creditd) (Art. 256, p. 311; p. 114; iut see Art. 114, p. 165; p. 61.) To Great Britain: Canton, such property in the British Concession at Shameen. Credit(?) (Art. 256, p. 311; p. 114.) To France and China conjointly: Shanghai, property in German school at. Credit (?) (Art. 256, p. 311; p. To China: ^ i. ■^f. J Tientsin and Hankow or elsewhere in Chmese territory, such property Credit(?) (Art. 2.56, p. 311; ». in German concession, enumerated in this instance by classes, diplomatic 114.) and consular residences or offices being excluded. Shantung reserved also. To Siam: All such property, except premises used as diplomatic or consular "Without compensation." (Art. residences or offices. 136, p. 177; p. 66.) To Maghzen {Morocco): Sherifian Empire, all such property in. " Without payment." (Art. 144, p.. 181; p. ^7.) To Egypt: Egypt, all such property m. "Without payment." (Art. 153, p. 185; p. 69.) To Japan: Kiaochow, all such property in. "Free and clear of all charges and encumbrances." (Art. 157, p. 187;^. 70.) 2. German property, national or private, and rights therein, such as natural resources, development or exploitation works, transportation systems, cables, telegraph lines, etc., given up by Germany. NATITIAL RESOURCES. To France: Saar Basin, coal mines in (Art. 45, p. 63; p. 24), whether Government or private owned. (Art. 50, Annex, Chap. I, par. 2, p. 69; p. 26.) If Saar Basin goes ultimately to Germany, she repurchases mines for gold. (Art. 50, Annex, Chap. Ill, par. 36, p. 89; p. 34.) Alsace-Lorraine, all rights regarding trade in potash salts, under the law of May 25, 1910, and any stipulation for the interruption of German organ- izations in the working of potash mines, as well as all rights under any existing agreements, stipulations, or laws with regards to other products. (Art. 71, p. 107; p. 40.) To Japan: Mines, plants, and materials for exploiting mines, together with all rights antl privileges attaching thereto, connected with Tsingtao-Tsinaufu Railway. (Art. 156, p. 187; p. 70.) To Morocco: Minizig rights recognized as belonging to German nationals. (Art. 144, p. 181; p. 67.) S. Doc. 86, 66-1 3 "As compensation for the de- struction of the coal mines in the north of France and as part pay- ment toward the total reparation due from Germany for the damage resulting from the war." (Art 45, p. 63; p. ^4.) Credit given on reparation ac- count. (Ai-t. 50, Annex, Chap. I, par. 5, p. 71; p. 27.) (See Art. 243 (a), p. 257; p. 94) Seemingly no compensation. (Art. 156 (last paragraph), p. 187; p. 70.) Credit given on reparation ac- count. (Ai-t. 144, p. 181; p. 67; Art. 297 (i), p. 367; p. 134; Art. 243, p. 257; p. 94.) 18 DATA ON GEEMAN PEACE TREATY. X. GERMAN PROPERTY TURNED OVER, SURRENDERED, ETC.— Continued. Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. PUBLIC UTILITIES, INCLUDING RAILWAYS. To France: Accessories and subsidiaries to Saar coal mines, particularity their plant and equipment, surface and underground extracting machinery, electric, coke and by-))roducts. plants, workshops, means of communica- tion, electric Imes," plant for catching and distributing water, lands, buildings as offices and dwellings for officers, managers, employees, and workmen, schools, hospitals, and dispensaries, stocks and supplies of every description, their archives and plans, and everything which those who own or exploit the mines possess or enjoy for the purpose of exploit- ing the mines and their accessories. (Art. 50, Annex, Chap. I, par. 3, pp. 69-71; V. 26.) ^ . . Rights of German Empu-e over all railways, administered by the Imperial Railway Administration, which are in operation or under con- struction in Alsace-Lorraine. (Art. 67, p. 103; p. 39.) Rights of German Empu-e over all railways and tramway concessions in Alsace-Lorraine. (Art. 67, p. 103; p. 39.) To Luemhurg {?): AH rights in the exploitation of the railways. (Art. 40, p. 61 ; p. 23.) To Cessionaries of German Territory: Belgium, France, Poland, Principal Allied and Associated Powers (for Denntark and Free City of Danzig and for themselves) and Czecho-Slovak State. Railways in ceded territory named above, complete and in gootl condi- tion, with all the rollm^ stock thereto belonging, complete and in normal state of upkeep; if no rolling stock belongs thereto, a proportionate part of rolling stock of systems to which railway belongs. (Latter provision applies to railways of "former Russian Poland.") (Art. 371, p. 477; p. 173.) To Japan: AH German rights in the railways in Kiaochow. All German rights in the Tsingtao-Tsinaufu Railway, including its branch lines, together with its subsidiaries, of all kinds— stations, shops, fixed and rolling stock. (Ai-t. 156, p. 187; p. 70.) To tJie Power concerned: Where any Allied or Associated Power, Russia, or a state or government, of which the territory formerly constituted a part of Russia, which has been forced since August" 1, 19 14, "by reason of military occupation or by any other means or for any other cause to grant or allow to be granted con- cessions, privileges, arid favors of any kind to Germany or to a German national, such concession, privilege, and favors are ipso facto annulled. (Art. 293, p. 345; p. 126.) SHIPPING, OCEAN AND INLAND. To Allied and Associated Powers: All German merchant ships of 1,600 tons gross and upwards. One-half (i) such ships, reckoned in tonnage, of ships between 1,000 tons and 1,600 tons gross. One-quarter (i) reckoned in tonnage of German steam trawlers. One-quarter (}) reckoned in tonnage of other German fishing boats. (Art. 244, Annex III, par. I, p. 277; p. 101.) These to be transferred entirely, free from all encumbrances, charges, and liens of all kinds. (Id., par. 4, p. 279; p. 102.) Boats are regarded as German within the above provisions 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 nationals; or (c) are now under construction (1) in Germany, (2) in other than Allied or Credit on reparation account for value, determmed by Reparation Commission. (Art. 50, Annex, Chap. I, par. 3, pp. 69-71 ; p. 26.) No compensation. (Art. 67, p. 103; 2>. 39.) No compensation. (Art. 67, p. 103; p. 39.) Compensation (?). Compensation (?). (See general provisions of Art. 243, p. 257; p. 94.) Seemingly no compensation. (Ai-t. 156 (final paragraph), p. 187; p. 70.) While boats are for "replace- ment" of shipping lost, seemingly credit will be given on reparation account. (Art. 236, p. 253; p. 93; Art. 237, p. 253; p. 93; Art. 243 (c), p. 257; p. 95.) DATA ON GERMAN PEACE TREATY. X. GERMAN PROPEBTY TURNED OVER, SURRENDERED, ETC.— Continued. 19 Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. SHIPPING, OCEAN AND INLAND — Continued. Associated countries for the account of any German national, company, or corporation. (Id., par. 3, pp. 277-279; p. 102.) Germany agrees to take measures indicated by the Reparation Com- mission for obtaining 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. (Id., par. (7), p. 281; p. 103.) To the Reparation Commission: To make good loss in inland navigation, from whatever cause arising, a portion of the German river fleet, up to the amount of the loss, but not to exceed 20% of river fleet as it existed November 11, 1918. (Art. 244, Annex III, par. 6, p. 281; p. 103.) To Allied and Associated Powers: A proportion of tugs and vessels remaining registered in the ports of the river systems referred to in Article 331 (the Elbe, Oder, Niemen, and Danube) after deducting those surrendered by way of restitution or repara- tion. Craft must be provided with fittings and gear, in good state of repair, in condition to carry goods, and selected from those most recently built. Materials of all kinds necessary to the Allied and Associated Powers con- cerned for the utilization of those river systems. Number of craft, amount of material, and distribution determined by arbitrators appointed by the United States. (^\j't. 339, p. 449; p. 163.) To France: Tugs and vessels, from among those remaining registered in German Rhine ports after the deduction of those swrendered by way of restitution or reparation, or shares in German Rhine navigation companies, such tugs and vessels, together with theh- fittmgs and gear to be in a good state of repair, in condition to cany on commercial traffic on the Rhine, and to be selected from among those most recently built. Amount, specifications, and credit value of (in no case to exceed the capital expended in the initial establishment of the material ceded) such tugs and vessels to be deter- mined by an Arbitrator appointed by the Unitetl States. (Ai-t. 357, p. 463 ; p. 167.)' Installations, berthing, and anchorage accommodations, platforms, docks, warehouses, plant, etc., o\vned by German subjects or companies in Rotterdam August 1, 1914, and also shares or interests in stich installations at the same date, possessed by Germany or German nationals, the credit value thereof to be determined by an Arbitrator appointed by the United States. (Art. 357, p. 463; p. 16S.) CABLES AND TELEGRAPHS. To Japan: German State submarine cables from Tsigtao to Shanghai, and from Tsingtao to Chefoo, with all the rights, privileges, and properties attaching thereto. (Ai-t. 156, p. 187; p. 70.) To Principal Allied and Associated Powers: All rights, titles, or privileges of whatever nature belonging to Germany or her nationals, in following submarine cables: Emden-Vigo: From the Straits of Dover to off Vigo. Emden-Brest: From off Cherbourg to Brest. Emden-Teneriffe : From off Dunkirk to off Teneriffe. Emden-jVzores (1): From the Straits of Dover to Fayal. Emden-Azores (2): From the Straits of Dover to Fayal. Azores-New York (1): From Faj^al to New York. Azores-New York (2) : From Fayal to the longitude of Halifax. Teneriffe-Monrovia : From off Teneriffe to off' Monrovia. Seemingly credit given on rep- aration account, asboatsgo to Rep- aration Commission. (Ai-t. 236, p. 2.53; p. 93; Art. 243 (c), p. 257; p. 95.) Credit given on reparation ac- count. (Art. 339, p. 449; p. 163.) Ci-edit on reparation account, (jh-t. 357, p. 463; p. 167.) Credit on reparation account. (Ai't. 357, p. 463; p. 167.) "Free and clear of all charges and encumbrances." (Ai-t. 156, p. 187; p. 70.) Credit on basis of original cost, less suitable allowance for deprecia- tion, for such cables or parts thereof as are privately owned. (Art. 244, Amiex VII, p. 301; p. 110.) 20 DATA ON GERMAN PEACE TREATY. X. GERMAN PROPERTY TURNED OVER, SURRENDERED, ETC.— Continued. Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. CABLES AND TELEGRAPHS — Continued. To Principal AUied and Associated Powers — Continued. Monrovia-Lome: From about lat. 2° 30' N. long. 7° 40' W. of Greenwich, to about lat. 2° 20' N. long. 5° 30' W. of Green- wich; and from about lat. 3° 48' N. long. 0° 00', to Lome. Lome-Duala: From Lome to Duala. Monrovia-Pernambuco : From off Monrovia to off Pernambuco. Constantinople-Constanza : From Constantinople to Constanza. Yap-Shanghai, Yap-Guam, and Yap-Menado (Celebes): From Yap Island to Shanghai, from Yap Island to Guam Island, and from Yap Island to Menado. (Ai-t. 244, Annex YII, p. 299; p. 110.) For three months from coming into force of this treaty, Germany will not use the high-power wireless telegraph stations at Nauen, Hanover, and Berlin for transmission of certain messages concerning naval, mili- tary, or political questions, without the consent of the Prmcipal AUied and Associated Powers. The use of the stations for commercial purposes will be xmder the supervision of said governments. (Art. 197, p. 223; p. 83.) PXJBLIC UTILITIES CONCESSIONS. Germany must acquire (on demand of Reparation Commission) rights and interests of Gei'man nationals in any public utdity undertaking or in any concession operating in Russia, China, Turkey, Austria, Himgary, and Bidgaria, or m the possessions or dependencies of these States, or in any territory formerly belonging to Germany or her Allies, to be ceded by Germany or her Allies to any Power or to be administered by a Mandatory under the present Treaty, and must if required cede the same to the Reparation Commission, and any similar rights and interests possessed by the German Government itself. (Art. 260, p. 317; p. 116.) This rule shall apply also to all agreements concluded with German nationals for the construction or exploitation of public works in the German overseas possessions, as well as the subconcessions or contracts resulting therefrom which may have been made to or with such na- tionals. (Art. 123, p. 171; p. 63.) Credit on reparation account. (Art. 260, p. 317; p. 116.) XI. GERMANY TO ISSTTE BONDS, AND TO DELIVER UP GOLD, CASH DEPOSITS, SECURITIES, CONTROL OF FINANCIAL INSTITUTIONS, ETC. BONDS. For Belgium: Bearer bonds, payable in gold marks, on May, 1926,' or at the option of the German Government on any May 1 prior to May 1, 1926, for a sum equivalent to the sum Belgium has borrowed from the Allied and Asso- ciated Governments up to November 11, 1918, with interest on such sum at the rate of 5 jier cent per annum, the amount to be determined by the Reparation Commission. This in addition to compensation for damages and is included in restoration of Belgium. (Art. 232, p. 249; p. 91.) For Allied and Associated Countries: To facilitate and continue the immediate restoration of the economic life of Allied and Associated countries, the Reparation Commission will take from Germany, by way of security for and acknowledgment of her debt, a first installment of gold bearer bonds free of aU taxes and charges of every description established or to be established by Germany, gold bearer bonds as follows (Ai-t. 244, Annex II, par 12, pp. 267-269; p. 98) : (1) Gold bearer bonds "issued forthwith" for 20,000,000,000 gold marks, without interest, payable not later than May 1, 1921. [These bonds are to be amortised by the payment of 20,000,000,000 marks in Credit on reparation account? (Ai-t. 232, p. 249; p. 91; Art. 243 (c), p. 257; p. 95.) Credit on reparation account? If bonds, etc., disposed of outright not hy way of pledge, to persons other than the several governments in whose favor Germany's original reparation indebtedness was created an amount of such reparation in- debtedness shall be deemed to be extinguished correspondmg to the DATA ON GERMAN PEACE TREATY. 21 XI. GERMANY TO ISSUE BONDS, AND TO DELIVER UP GOLD, CASH DEPOSITS, SECURITIES CONTROL OF FINANCIAL INSTITUTIONS, ETC.— Continued. Property and rights given up and duties and obligations undertaken by Germany. BONDS — continued. gold (or in commodities, ships, securities, or otlierwise as the Reparation Commission may determine) during 1919, 1920, and first four months of 1921. (Art. 235, p. 2.53; p. 93; Art. 244, Annex II, par. 12-c. (1), p. 267; p. 98.)] If any bonds not redeemed, ihej shall be exchanged for new bonds (p. 267: p. 98). (2) Gold bearer bonds "issued forthwith," for 40,000,000,000 gold marks, interest at 2\ per cent from 1921-1926, and thereafter at ,5 per cent, with 1 per cent additional for amortization after 1925 (p. 267; p. 98). (3) Undertaking in wTiting, ''delivered forthwith," to issue when Com- mission is satisfied German}' can meet interest and sinking fund, 40,000,000,000 bearer gold 5 per cent bonds, time and mode of payment of principal and interest to be determined by the Commission (p. 269; p. 99). (4) Further issue by way of acknowledgment and security may be required as the Commission subsequently determines from time to time (p. 269; p. 99). GOLD. To the Pnncipal Allied and Associated Powers, to be disposed of as they see fit. (Art. 259, p. 315; p. 115.) (1) Gold deposited in the Reichsbank in the name of the Administration of the Ottoman Public Debt as security for the fii'st issue of Turkish Government notes to be delivered within one month from coming into force of Treaty. (2) Gold payments for twelve years, as provided in the German Treas- ury bonds deposited l)y her in the name of the Council of the Administra- tion of the Ottoman Public Debt as security for the second and subsequent issues of Turkish Government currency notes. (3) Gold deposit constituted in the iReichsbank or elsewhere represent- ing the residue of the advance in gold agreed to on May 5, 1915, by the Council of the Administration of the Ottoman Public Debt to the Imperial Ottoman Ciovernment to be delivered in one month from coming into force of Treaty to such authority as the Princiiml Allied and Associated Powers may designate. (4) Any title Germany has to the sum in gold and silver transmitted by her to the Turkish Ministry of Fiiumce in November, 1918, in anticipa- tion of the paj-ment to be made in May, 1919, for the service of the Turkish internal loan. (5) Any sums in gold transferred as pledge or as collateral security to the German Government or its nationals in connection with loans made by them to the Atistro-Hungarian Government, to be delivered within one month from the coming into force of this treaty. CASH DEPOSITS AND SECURlTrES. To France: All deposits, credits, advances, effected by virtue of the conventions and agreements between Germany and France of November 4, 1911, and Sentember 28, 1912, relating to"Equatorial Africa. (Art. 125, p. 171; p.'6J^.) Shares representing Germany's portion of the capital of the State Bank of Morocco, transferred to whomsoever France nominates. (Art. 145, p. 183; p. 68.) All debts owing for jiroducts delivered from .Saar Basiit area before the entry into possession of the French State, and after the signature of the present Treaty, and all deposits of money made by customers. (Art. 50, Annex, Cha])."l, par. 3, p. 71; 2J- ^/'•) Repajmient in marks of exceptional war ex]>enditures advanced during the course of the war by Alsace-Lorraine or by public bodies in Alsace- Lorraine, on account of the Empire, (Art. 58, p. 97; p. 36.) S. Doc. 86, 66-1 4 Credit allowed for same. nominal value of the bonds, etc., so disposed of outright, and the obligation of Germany in respect of such bonds shall be confined to her liabihties to the holders of tlie bonds, as expressed upon their face. (Ai-t. 244, Annex II, par. 12 (d),p. 269; p. 99.) Credit on reparation account. Sums of money delivered under this article (p. 315; p. 115) to be disposed of as determmed by prin- cipal Allied and Associated Powers. (Art. 259, p. 315; p. 115.) Credit on reparation account. (Art. 125, p. 171; p. 84; Art. 243 (c), p. 257; p. 94.) Credit on reparation (Art. 145, p. 183; p. 68.) account. 22 DATA ON GERMAN PEACE TREATY. XI. GERMANY TO ISSUE BONDS, AND TO DELIVER UP GOLD, CASH DEPOSITS, SECURITIES, CONTROL OF FINANCIAL INSTITUTIONS, ETC.— Continued. Property and rights given up and duties and oliligations undertaken l>y Germany. CASH DEPOSITS AND SECURITIES — Continued. To Honmania or Principal Allied and Associated Powers: All monetary instruments, specie, securities, and negotiable instruments or goods which Germany received under the Treaties of Bucharest and Brest-Li to vsk. (Ai-t. 259; p. 317; p. 115.) To each Allied or Associated Poioer: All securities, certificates, deeds, or other documents of title held by its nationals and relating to property, rights, or interests situated in the terri- tory of that Allied or Associated Power, including any shares, stock deben- tures, debenture stocks, or other obligations of any company incorporated in accordance with the laws of that Power; and full information regarding all such property. (Art. 298, Annex, par. 10, p. .383; p. 139.) Germany undertakes to restore without delay from the date of the com- ing into force of the present Treaty all articles, money, securities, and documents which have belonged to nationals of the Allied and Associated Powers and which have been retained bv the German authorities. (Art. 223, p. 241; p. 89, Part IV, Prisoners of War and Graves.) Germany undertakes to transfer to the Allied and Associated Powers any claims she may have to payment or repayment by the Governments of Austria, Hungary, Bulgaria, or Turkey, and, in particular, any claims which may arise, now or hereafter, from the fulfillment of uiulertakings made by Germany during the war to those Governments. (Art. 261, p. 319; p.'lW.) To Brazil: All sums representing the sale of coffee belonging to the State of Sao Paulo in the ports of Hamburg, Bremen, Antwerp, and Trieste, which were deposited with the Bank of Bleichroder at Berlin shall be reimbursed, togetherwith interest, at the rate or rates agreed upon, the reimbursement to be effected at the rate of exchange of the day of deposit. (Art. 263, ]i. 319; /). U7.) CONTROL OF FINANCIAL INSTITUTIONS. Germany renounces all rights accorded to her or her nationals by trea- ties, conventions, or agreements, of whatsoever kind, to representation upon or participation in the control or administration of commissions, state banks, agencies, or other financial or economic organizations of an international character, exercising powers of control or administration, and operating in any of the Allied or Associated States, or in Austria, Hungary, Bulgaria, or Turkey, or in the dependencies of these States, or in the former Russian Empire. (Art. 258, p. 313; p. 115.) Credit allowed for same. Credit on reparation account. To be disposed of as Principal Al- lied and Associated Powers may determine. (Art. 259, p. 317; p. 115.) Credit on reparation account, probably, but method of accounting to Reparation Commission not clear. (Art. 243, p. 257; p. 9^.) No credit on reparation account. (Art. 243, p. 257; p. 94; Art. 239 p. 255; p. 9 J,.) XII. GERMANY AGREES TO RESTORE PROPERTY SEIZED, OR TAKEN, OR COMING INTO GERMANY'S POSSESSION. To Allied and Associated Powers: Boats and other movable appliances belonging to inland navigation which since August 1, 1914, have by any means whatever come into her possession or into the possession of her nationals and which can be iden- tified. (Art. 244, Aimex HI, par. (6), p. 281; p. 103.) Animals, machinery, equipment, tools, and like articles of a commercial character, seized or taken away by Gennany. (Art. 244, Annex IV, par. 2 (a), p. 283_; p. 10/,.) As immediate advance on account of such animals the following are to be furnished: No credit on reparation account. (Art 243, p. 257; p. 94; Art. 238, p. 2.55; p. 93.) No credit on reparation account. (Art. 243, p. 257; p. 94: Art. 238, p. 255; p. 93), except to extent ani- mals can not be identified as ani- mals taken away or seized. (Arts. 236, 237, p. 253; p. 93; Art. 244, Annex IV, par. 6, p. 289; p. 105,) DATA ON GERMAN PEACE TREATY. 23 Xn. GERMANY AGREES TO RESTORE PROPERTY SEIZED, OR TAKEN, OR COMING INTO GERMANY'S POSSESSION—Continued. Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. To French Government: 500 stallions (3 to 7 years) ; 30,000 fillies and mares (18 months to 7 years), type: Ardennais, Boulonnais, or Belgian; 2,000 l)iills (IS months to 3 years); 00,000 mileh cows (2 to 6 years); 1,000 rams; 100,000 sheep; 10,000 goats. To Belgian Government: 200 stallions (3 to 7 years) , large Belgian type ; 5,000 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. (Art 244, Annex IV, par. 6, p. 289; p. 105.) To European Commission of the Banuhe: Germany shall make to Commission aU restitutions, reparations, and indemnities for damages inflicted on the Commission during the war. (Art. 352, p. 457; p. 166.) XIII. GERMANY UNDERTAKES TO BUILD OR CONSTRUCT TRANSPORTATION FACILITIES, OR TO REFRAIN FROM BUILDING COMMERCIAL UTILITIES. For Czechoslovak State: A railway line between the stations of Sohlauney and Nachod in Ger- many. (Art. 373, p. 479; 2'- 174.) For Account of Allied and Associated Powers: Ships, tonnage to be laid down in each of five years not to exceed 200,000 tons gross, construction to be in accordance with specifications of Reparation Commission which also determines conditions of building, deliver}', price per ton, etc. (Art. 244, Annex III, par, 5, p. 279; p. 102.) For Belgium: A deep-draught Rhine-Meuse navigable waterway, in accordance with plans communicated by Belgian Government, so far as such waterway runs through German territory, if Belgium decides to build the same within 25 years. (Art. 361, p. 467; p. 169.) Germany shall not build any high-power wireless telegraphy stations in her own territory or that of Austria, Hungary, Bulgaria, or Turkey, within a period of three months from the coming into force of tliis Treaty. (Art. 197, p. 223; p. S3.) Cost of construction borne by Czecho-Slovak State. (Art. 373, p. 479; p. 174.) Reparation Commission credits price of vessel to Germany's ac- count on her reparation obliga- tions. (See Art. 244, Annex III, par. 5, p. 279; p. 102; also Art. 243 (c), p. 257; p. 95; Art. 236, p. 253; p. 93.) Seemmgly no compensation cost of undertaking is divided among states crossed by waterway. (Art. 361, p. 469; p. 170.) 24 DATA ON GEEMAN PEACE TREATY. XIV. GERMANY UNDERTAKES TO DELIVER NATURAL OR MANUFACTURED PRODUCTS. Property and rights given up and duties and obligations undertaken by Germany. To France: Per year, for three years (options covering) delivered at the French frontier by rail or by water: Benzol, 35,000 tons. Coal tar, 50,000 tons. Sulphate of ammonia, 30,000 tons. Coal tar, may, at option of French Government, be replaced l)y cor- responding quantities of products of distillation, such as light oils, heavy oils, anthracene, naphtalene, and pitch. (Art. 244, Annex V. par. 8, p. 293; p. 108.) Per year, seven million tons for ten years, and in addition, for ten years, coal equal to the difference between the annual output of the mines "of the Nord and Pas de Calais before the war and the output of these mines during the ten years period. In place of coal, metallurgical coke may be accepted in the proportions of 3 tons of coke to 4 tons of coal (Art. 244, Annex V, par. 7, p. 293; f. 107), total delivery not to exceed, 20,000,000 tons per year for the first five years, and 8,000,000 tons in any one year of the succeeding five years. (Art. 244, Annex V, par. 2, p. 291 ; f. 106.) To Belgium : Eight million tons of coal (option covering) annually for ten years with same privileges as to exchanging coal for coke that control with France. (Art. 244, Annex V, par. 3, p. 291; j)- 107.) To Italy: Coal (option covering) in the following quantities : July 1919 to June 1920, four and one-half million tons. July 1920 to June 1921, six million tons. July 1921 to June 1922, seven and one-half million tons. July 1922 to June 1923, eight million tons. July 1923 to June 1924, and each of the following five years, eight and one-half million tons. Two-thirds of actual deliveries to be land borne. Coal may be re- placed by coke as in case of France. (Art. 244, Annex V, par. 4, p. 291; p. 107.) To Luxemburg: Coal (option covering) equal to the ])rewar annual consumption of German coal in Luxemburg, if Reparation commission so directs. (Art. 244, Annex V, par. 5, p. 293; x>. 107.) Coal may be replaced by coke as in the case of France. If Reparation Commission determines that full exercise of foregoing options would interfere unduly with industrial reijuirements of Germany, the Commission is authorized' to postpone or cancel deliveries, and in so doing to settle all questions of priority; but the coal to replace the coal from destroyed mines shall receive priority over other deliveries. (Art. 244, Annex "V, par. 10, p. 295; p. 108.) To Reparaiion Commission: - DyestufFs and Chemicals (option covering) as Commission may desig- nate, tip to 50 per cent of the total stock of each and every kind in or under German control at date of coming into force of Treaty. "Dye- stuffs and chemical drugs" includes all synthetic dyes and drugs and in- termediate or other jn-oducts used in connection with dyeing. This ar- rangement also includes cinchona bark and salts of quinine. (Art. 244, Annex VI, pars. 1 and 5, pp. 295-299; pp. lOS-109.)- Dyestuffs and Chemical drugs each six months until January 1, 1925, 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. (Id. par. 2, p. 297; p. 109.) Credit allowed for same. Credit on reparation account. (Art. 236, p. 253; p. 93.) The material is to be purchased at a price which shall be the same as that at which they are sold to German nationals. (Art. 244, An- nex V. par. 9, p. 295; p. 108.) Credit on reparation account. (Art. 236, p. 253; p. 93.) Coal to be purchased by France under stipidations as to price . (Art. 244, Annex V, par. 6, p. 293; p. 107.) Same conditions that control sup ply of coal to France. (Supra). Same conditions that control sup- ply of coal to France. (Supra). Same conditions that control sup- ply of coal to France. (Supra). Credit on compensation account (Art. 236, p. 253; p. 93.) Price fixed by Reparation Com- mission. (Art. 244, Annex Vi, par. 3, p. 297; p. 109.) DATA ON GERMAN PEACE TKEATY. 25 XIV. GERMANY UNDERTAKES TO DELIVER NATURAL OR MANUFACTURED PRODUCTS— Continued. Property and rights given up and duties and oliligations undertaken by Germany. Credit allowed for same. To Allied and Associated Powers: 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 Powers desire to have produced and manufactured m German}- and delivered to them to permit of the restoration of invaded areas. {Asi. 244, Annex IV, par. 2 (b), pp. 283, 2S5; p. IO4.) Animals, machinery, equipment, tools, and like articles of a commercial character now in Germany which Governments desu-e to replace animals and articles of the same nature that have been seized, consumed, or de- stroyed by Germany or destroj-ed in direct consequence of military opera- tions. {Alt. 244, Annex iV, par. 2 (a), p. 283; p. IO4.) Credit on reparation account. (Arts. 236-237, p. 253; p. 93; Art. 244, Annex IV, par. 5, p. 287; p. 105.) Credit on reparation account. (Arts. 236, 237, p. 253; p. 93: Ai-t. 244, .innex IV, par. .5-6, p. 289; p. 105.) XV. GERMANY ACCEPTS THE FOLLOWING KESTRICTIONS, GRANTS THE FOLLOWING EIGHTS, AND MAKES THE FOLLOWING OBLIGATIONS AS TO HER EXTERNAL COMMERCE. Duties, Cliarges, FroJiihitions, and Restrictions Affecting Allied or Asso- ciated States: Importations into Germany from any such states, from whatsoever place arriving, of goods, the product or manufacture of such states, shall not be subjected to other or higher duties, including internal charges, or to the maintenance or imjiosition of other prohibitions and restrictions, than those to which are subjected like goods the produce or manufacture of any other such state or of any other foreign country. (Art. 264, p. 321; p. 117.) The same principles apply as to exports from Germany and her duties, charges, proliibitions, and restrictions, levied thereon by Germany. (Art. 266, p. 323; p. 117.) Germany shall not, in administrative regime, make any discrimination against the commerce of any of the Allied and Associated States, as compared with any other of the said states or any other foreign country, even by indirect means. (Art. 265, p. 321; p. 117.) RECIPROCITY TREATIES. Every favor, immunity, or privilege in regard to the importation, exportation, or transit of goods granted by Germany to any Allied or Associated State or to any other foreign country whatever shall simul- taneously and unconditionally vnthout request and without compensa- tion be extended to all the Alhed and Associated States. (Art. 267, p. 323; p. 118. CUSTOMS PROVISIONS. Jo France: For five years, all natural or manufactured products which both origi- nate in and come from Alsace-Lorraine shall be admitted into German customs territory free of all customs duty. The French Government shall fix the amount of such importations for each year, which shall not exceed annually the average amounts of 1911-1913. For the same period, Germany shall allow free export from Germany and reimportation to Germany, exempt from all customs duties and other charges (mcluding internal charges), yarns, tissues, and other textile materials or textile products of any land and in any condition sent from Germany into Alsace-Lorraine, to be subjected there to any finishing process, such as bleaching, dyeing, pointing, mercerization, gassing, twisting, or dressing. (Ai-t. 268 (a), p. 323; p. 118; Art. 68, p. 103; p. 39.) Germany shall establish no railway or canal tariff which dnectly or indu-ectly discriminate to the prejudice of the transport of the personnel or products of the Saar mmes and their accessories or subsidiaries, or of 26 DATA ON GERMAN PEACE TREATY. XV. GERMANY ACCEPTS THE FOLLOWING KESTRICTIONS, GRANTS THE FOLLOWING RIGHTS, ATD MAKES THE FOLLOWING OBLIGATIONS AS TO HER EXTERNAL COMMERCE— Continued. Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. CUSTOMS PROVISIONS — Continued. the material necessary to their exploitation, all of which shall enjoy the rio;hts and privileges which are guaranteed to similar products of French origm. (Art. 50,"A7mex, Chap.'l, par. 6, p. 71; f. 27.) French customs regime shall apply to the Saar Basin. (Art. 50, Annex, Chap. II, par. 31, p.^85; p. 32.) Products which both originate in and pass from the basin into Germany shall for five years be free of import duties. (Id.) To Poland: For a period of three years, the same privileges as to natural or manu- factured products from Poland that are granted to France in respect of Alsace-Lorraine (supra) with analogous limitations. (Art. 268 (b), p. 325; p. 118.) To Luxerriburg: The Allied and Associated Powers reserve 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 Luxembm-g, for five years, subject to certain prescribed limitations as to amounts. (Ai-t. 268 (c), p. 325; p. 119.) For first six months after Treaty comes into force, German duties on imports from Allied and Associated States shall not be higher than the' most favorable duties which were applied to imports into Germany on July 31, 1914. For a further period of thirty months, this provision applies to products which comprised in section A of the First Category of the German Customs Tariff of December, enjoyed rates conventionalized by Treaty (on July 31, 1914) with the addition of all kinds of wme and vegetable oils, of artificial sUk, and of washed or scoured wool. (Art. 269 pp. 325-327; p. 119.) The Allied and Associated Powers reserve the right to apply to German territory occupied liy their troops a s]3ceial customs regune as regards imports and exports, in the event of such a measure being necessary m their opinion in order to safeguard the economic interests of the population of these territories. (Ai-t. 270, p. 327; f. 119.) To Morocco: Moroccan goods entering Germany shall enjoy the treatment accorded to French goods. (Art. 146, p. 183; p. 68.) To Egypt: Egyptian goods entering Germany shall enjoy the treatment accorded to British goods. (Art. 154, p. 185; p. 69.) SHIPPING. Allied and Associated Powers: Vessels of, entitled to treatment of most-favored nation, in German territorial waters, as regards sea fishing, maritime coasting trade, and maritime towage (Art. 271, p. 327; p. 119), and as to fishing boats aU rights of inspection exercised solely by ships belonging to such Powers. (Art. 272, p. 327; p. 119.) These provisions are terminable in five years. (Art. 280, p. 333; p. 122.) New states without seacoast may have a merchant marine. (Art 273 pp. 327-329; p. 120.) DATA ON GERMAN PEACE TREATY. 27 XV. GERMANY ACCEPTS THE FOLLOWING RESTRICTIONS, GRANTS THE FOLLOWING RIGHTS, AND MAKES THE FOLLOWING OBLIGATIONS AS TO HER EXTERNAL COMMERCE- Coiitinucd. Property and rights given up and duties and obligations undertaken by Germany. Credit allowed for same. UNFAIR COMPETITION. AUied and Associated Powers: Goods of, to be protected from unfair competition by all legislative and administrative measures necessary, Germany to seize all fraudulently marked as to maker, origin, t^^e, nature, or special characteristics (Art. 274, p. 329; p. 7^0), with special provisions relating to wines and spu'its and then- markings. (Art. 275, pp. 329-331; p. 120.) TREATMENT OF NATIONALS OF ALLIED OR ASSOCIATED POWERS. All measures relating to occupations, professions, trade, and industr}^ must be ecjually applicable to all aliens and the same as enjoyed by the nationals of the most-favored nation: and all taxes, charges, and imposts direct or indirect, as to the property, rights, or interests of nationals or companies of such powers, and restrictions, must be those applied to German nationals and none other. (Art. 276, p. 331; p. 121.) Germany will recognize new nationalities acquired by her nationals under the laws of the Allied and Associated Powers. (Ait. 278, p. 333; Germany will admit and permit to exercise their functions, consuls, appointed by the AlUcd or Associated Powers. (Art. 279, p. 333 ; 2>. 121.) Germany will extend to nationals of Allied and Associated PoM'ei*s all rights and advantages of any kind which she has gi-anted to nationals of Austria, Hungary, Bulgaria, or Turkey, by treaties, conventions, or arrangements concluded before August 1, 1914, so long as such treaties, etc., remain in force. (Art. 291, p. 345; p. 125.) Germany vnW give to Allied and Associated Powers the benefit ipso facto 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 August 1, 1914, until the coming into force of this Treaty, so long as such treaties, conventions, or arrangenie;its remain in force. (Art. 294, p. 347; p. 126.) XVI. GERMANY ACCEPTS THE FOLLOWING RESTRICTIONS ON HER CONTROL OF INLAND COMMERCE AND NAVIGATION, AND THE INSTRUMENTALITIES THEREOF. FREEDOM OF TRANSIT. Germany grants freedom of transit, including crossmg of territorial waters bj' rail, navigable waterways, or canal, to persons, goods, vessels, carriages, wagons, and mails coming from or gomg to the territories of any of the Allied or Associated Powers, without subjection to any transit duty or undue delay, and to national treatment as regards charges, facili- ties, and other matters, all charges imposed in traffic to be reasonable and not dependent directly or mdirectly on owiiership or nationality of the vessel or other vehicle. (Art. 321, p. 435; p. 157.) Goods in transit shall be exempt from all customs and other similar duties. (^\i-t. 321, p. 435; p. 757.) Transmigration traffic across Germany is to be free and miunpeded. (Art. 322, p. 435; p. 158.) Importations and ex.pnrtatiorbs: Germany will make no discrimination or preference, direct or indirect, in duties, charges, and prohibitions on goods or persons entering or leav- ing her territory on account either of origin or destmation. (Art. 323, p. 437; p. 158.) Germany will not estalilish, as against the ports and vessels of any of the Allied and Associated Powers, any surta.x or direct or mdirect bounty for export or import by German vessels or ports, or by those of anotuer 28 DATA ON GERMAN PEACE TREATY. XVI. GERMANY ACCEPTS THE FOLLOWING RESTRICTIONS ON HER CONTROL OF INLAND COMMERCE AND NAVIGATION, AND THE INSTRUMENTALITIES THEREOF— Continued. Property and rights given up and duties and obligations undertaken by Germany. FREEDOM OF TRANSIT — Continued. Power, for example, by means of a combined tariff; and goods or persons passing through ports or by vessels of the Allied and Associated Powers shall be subject to no formality or delay other than is incident to such traffic on German vessels or through German ports. (Ai't. 323, p. 437; V- ^58-) Germany shall take all necessary administrative and tecluiical meas- ures to expedite transmission and forwarding of Allied and Associated goods, particularly perishable goods, eciually with any other goods simi- larly routed and carried. (Art. 324, p. 437; p. 158.) Seaports of the Allied and Associated Powers shall enjoy all favors and all recluced tariffs granted on German railways or navigable waterways for the benefit of German ports or the port ol another Power. (Art. 325, p. 439; p. 15.9). And Germany must participate in the tariffs or combina- tions of tariffs intended to secure for ports of any Allied or Associated Power advantages similar to those granted by Germany to her own ports or the ports of any other Power. (Art. 326, p. 439; j)'. 159.) Nationals, vessels, and property of Allied or Associated Powers shall, without im])ediment, enjoy in all German ports and on the inland naviga- tion routes of Germany, national treatment in all respects, with com- plete freedom of access to all jjlaces in Germany, and with national treat- ment as to port and harbor facilities, including stationing, loading and unloading, duties, charges of tonnage, harbor, pilotage, lighthouse, quaran- tine and all analogous duties. Any preferential regime granted by Germany to any Power is immediately and unconditionally extended to all Allied and Associated Powers. (Art. 327, p. 441; p. 159.) FREE ZONES. Existing free zones in ports shall be maintained, and, with others to be established (Hamburg and Stettin, Art. 363, p. 469; p. 170), shall be subject to the Treaty regime. Goods entering or leaving such zones shall be subject to no import or export duty (except they leave the zone for consumption in the country where the zone is situated, or enter the zone for ex])ort, when the duties shall be the regular normal import or export duties Ai-t. 330, p. 443; -p. 160), except handling charges and specified statistical duty used for defraying the expenses of the port. (Art. 328, p. 441; p. 160.) AH goods consumed in the zone shall be free of duty. (Art. 329, p. 443; p. 160.) The foregoing stipulations and provisions are subject to revision at any time after five years by the Council of the League of Nations. Failing such revision, the privileges may be enjoyed only on a basis of reciprocity, unless the Council extends the period. (Aj-t. 378, p. 481; p. 175.) INTERNATIONALIZATION OF WATERWAYS. Rivers Elbe, Vltava, Oder, Niemen (Russgrom-Memel-Niemen), and Danube are, as to certain parts thereof, declared international, and also all navigable jiarts of these river systems which naturally ]irovide more than one state with access to the sea, together with lateral canals and channels, and any Rhine-Danube navigable waterway. (Art. 331, p. 443- 44,5; p. 161.) On international waterways, declared by the Treaty, nationals, prop- erty, and flags of all nations are on a perfect equality — no distuictions being made between shippmg of riparian and nonriparian state to the detriment of the latter, except that Germany may not engage in traffic between the ports of any Allied or Associated Power without the con- sent of that Power. (Ai-t. 332, p. 445; p. 161.) This article also is sub- ject to review and adjustment by the council of the League of Nations, as above set out. (Art. 378, p. 481 ; p. 175.) Only maintenance charges may be levied for the use of such waterways (Art. 333, jj. 445; p. 161), Credit allowed for same. DATA ON GERMAN PEACE TREATY. 29 XVI. GEKMANY ACCEPTS THE FOLLOWING RESTRICTIONS ON HER CONTROL OF INLAND COMMERCE AND NAVIGATION, AND THE INSTRUMENTALITIES THEREOF— Property and rights given up and duties and obligations undertaken by Germany. INTERNATIONALIZATION OF WATERWAYS — Continued. or f(M- iiso of port facilities. (Art. 335, p. 447; p. 162.) Riparian states obliged to remove obstacles to navigation (Art. 336, p. 447; p. 162), and to erect no impeding work. (Ai't. 337, p. 447; p. 162.) To France: On the French frontiers, subject to the provisions of the Convention of Mannheim, or a substituted Convention, or the stipulations of tliis Treat}', France has the riglit to take water from the Rhine to feed navi- gation and irrigation canals, with the right to execute necessary works on the German banks, and the exclusive right to the power derived from the works of regulation on the river (subject to payment to Germany of half the power actually produced), the exercise of such rights not to im- pede navigation or involve increase to tolls, Germany undertaking not to allow construction of lateral canals on tlie right liank opposite French frontiers and recognizing France's right to use lands on right bank for for necessary works, compensation being made to Germany therefor. (Ai-t. 358, p. 465; p. 168.) To Switzerland: Equivalent rights as to her Rhine frontier if she demands. (Art. 358, p. 465; p. 16S.) To Belgium: An eqiiivalent right to take water to feed a Rhine-Meuse navigable waterway, if constructed. (Art. 358, p. 465; p. 168.) Germany agrees to offer no objection to extending the jurisdiction of the central Rhine Commission, to designated portions of the Moselle, to additional portions of the Tipper part of the Rhine, and to lateral canals eatablished to improve naturally mavigable sections of the Rlihie and Moselle, etc. (Art. 362, p. 469; p. 170^.) ■ RAILWAY PROVISIONS. German railway lines to carry goods of iUlied and Associated Powers, either on through transit across Germany or to a destination in Germany, under the most favorable treatment as to rates, facilities, etc., accorded to any trafHc by the raUroads under similar conditions of transport, for example, length of route. The same treatment shall be accorded on request of any Allied or Associated Powers to specially designated goods coming from Germany to the Power. International tariSs involvhig through way bdls shall be established. (Ai't. 365, p. 471; p. 171.) This article also subject to review and adjustment by the Council of the League of Nations as above set out. (Art. 378, p. 481; p. 175.) Germany must cooperate in the establishment of a through ticket serv- ice (for passengers and their luggage) which any Allied or Associated Power may require; must accept trains and carriages coming from the territories of sucli Powers, forward the same at her best speed for long- distance trains, at rates no higher than for German internal service for the same distance. Most favorable tariffs must be applied to emigrant traffic going to or coming from ports of the Allied or Associated Powers. (Art. 367, p. 473; p. 171.) Germany must not apply to such through service, or to emigrant serv- ice, any technical, fiscal, or adiuinistrative measures, such as customs ex- aminations, general police, sanitary police, and control, which would im- pede or delay the service. (Art. 368, p. 475; p. 172.) Articles 367, 368 are also subject to review and adjustment by the Council of the League of Nations as above set out. (Art. 378, p. 481; p. 175.) German railway rolling stock must be so fitted with apparatus as to permit their inclusion in trains of such Allied and Associated Powers as Credit allowed for same. 30 DATA ON GERMAN PEACE TREATY. XVI GERMANY ACCEPTS THE FOLLOWING RESTRICTIONS ON HER CONTROL OF INLAND COMMERCE AND NAVIGATION, AND THE INSTRUMENTALITIES THEREOF— Continued. Property and rights given up aud duties and obligations undertaken by Germany. RAILWAY PROVISIONS — Continued. !ire parties to the Berne Convention (May 15, 1886, modified May 18, 1907) without hampermg tlie action of the continuous brake, which may within ten years be adopted by Allied and Associated Powers and the acceptance of Allied and Associated rolling stock in German trains, which rolling stock shall have on the German lines the same treatment as German rollmg stock as regards movement, upkeep, and repairs. (Art. 370, p. 475; p. Germany's railway administration must make arrangernents with con- tiguous states as to the working of interstate railways; if these fail to make an agreement, the points of diiTerence will be settled by a Commis- sion of experts, designated by the Allied and Associated Powers, on which Germany will be represented'. (Art. 372, p. 479 ; p. 173: Art. 371, p. 477 ; p.m.)' . . . , ^. For the present Germany must carry out mstructions given her on be- half of the Mied and Associated Powers for the carriage of troops under the provisions of this treaty, and of material, ammunition, and supplies for any use, for the transportation of supplies for certain regions, for the restoration, as rapidly as possible, of the normal conditions of transport, and for the organization of postal and telegraphic services. (Art. 375, p. 481; p. 174.) Disputes between the interested Powers regarding the "interpretation and application of the preceding articles" (seemingly articles 321-375) are to be settled as provided by the League of Nations (Art. 376, p. 481 ; p. 174), which may at any time "recommend the revision of such of these Articles as relate to a permanent administrative regime." (Art. 377, p. 481; /-. 174.) KIEL CANAL. Kiel Canal and its approaches must be maintained free and open to vessels of commerce and of war, of all nations at peace with Germany on terms of entire equality. (Art. 380, p. 483; p. 175.) Vessels of all nations to be treated on an absolute equality as to charges and facilities and in all other respects, with vessels of Germany or of the most favored nation, witliout impediment as to movements of vessels or persons beyond reasonable and necessary police, customs, sanitary, immigration and emigration regulation. (Art. 381, p. 483; p. 175.) Charges levied are to be such only as are necessary for maintenance, improvements, and expenses incurred in the interests of navigation. (Art. 382, p. 485; p. 176) and no other charges shall be levied. (Art. 384, p. 485; y>. 176.) Germany is bound to remove obstacles or dangers to navigation, to insure maintenance of good conditions, and not to undertake any works of a nature to impede navigation on the canal or its approaches. (Art. 385, p. 485; p. i7<7.) Violations of the foregoing or disputes as to the interpretations of these articles are to be referred " to the jurisdiction instituted for the pur- pose by the League of Nations," but small questions shall be settled in the first instance by a local authority established at Kiel by Germany. Complaints thereto may be presented bv the consuls of the interested Power. . (Art. 386, p. 485; p. 176.) Credit allowed for same. DATA ON GERMAN PEACE TREATY. 31 MEMORANDUM NO. 1. SPECIAL OBLIGATIONS OF GERMANY RELATING TO ALSACE-LORRAINE. Shall apply no special measures to German money or monetary instruments current in Alsace-Loiraiiie. (Art. 57, p. 97;- p. 36.) • Shall refund exceptional war expenditures advanced by Alsace-Lorraine or public boches therein, beyond a proportional amount based on the ratio of the revenues of the Empire to the revenues of Alsace-Ijorraine. (Art. .58, p. 97: f. 36.) Restore to Alsace-Lorraine all property rights and interests belonging to them November 11, 1918, and now in Germany. (Art. 60, p. 99; p. 37.) Shall bear expense of civil and military pensions earned on Novembei- II, 1918. (Art. 62, p. 99: p. 37.) Pay damages for injuries sufi'ered by the civilian population as if Alsace-Lorraine were an Allied or Asso- ciated Country. (Art. 6.3, p. 99; p. 37; Art. 244, Annex I, p. 259; p. 95.) For ten years, furnish electrical energy (power) under contracts in force, at a rate not higher tlian paid by German nationals. (Art. 69, p. 105; p. 39.) Property rights of Alsace-Lorrainers dealt with as if thev bar! been dining war on part of allied territory. (Art. 73, p. 107;^. 40.) France may retain and liquidate all German national and society interests, Germany compensating iicr nationals. (Art. 74, p. 109; p. 4.0.) France retams exclusive control over all questions of nationality of Alsace-Lorrainers. (Art. 79, Annex, p. 115 et seq.; p. .^5 et seq.) Germany to cancel any contract notihed by French Government between .Usace-Lorrainers antl Germans or German States or Empire, save certain contracts partly performed before November 11, 1918; who makes the compensation not specified. (Art. 75, p. 109; p. 41.) ^Vlsace-Lorrainers preserve full and entire enjovment of inthistrial propertv rights in Germanv. (Art. 76, p. lU; p. 41-) France may prohibit — Management or exploitation by Germans. Owaiership of mines and quarries by Germans. German participation in metallurgical establishments. (Ai-t. 70, pp. 105-107; p. 40.) Germany is to pay to the French Government such proportion of all reserves accumulated by the Empire or by public or priA-ate bodies dependent upon it, for the purposes of disability and old-age insurance, as would fall to the disability and old-ao;e insurance fund at Strasbourg. The same shall apply in respect of the capital and reserves accumulated hi Germany falling legitimately to other social insurance funds, to mmers; superannuation funds, to the fund of railways of Alsace-Lorraine, to other superannuation organizations estab- lisned for the benefit of the personnel of public administrations and institutions operating in Alsace-Lorraine, and also in respect of the capital and reserves due by the insurance fund of private employees at Berlin, by reason of engagements entered into for the benefit of insured persons of that category resident in Alsace- Lorraine. (Art. 77, p. Ill; p. 41-) MEMORANDUM NO. 2. REDUCTION OF MILITARY, NAVAL, AND AIR FORCES. 1 . Military Clauses : Army must not exceed 100,000 eft'ectives, who must be used only to maintain order in Germany, of whom 4,000 may be officers (Art. 160, p. 191; p. 71), the Army organization, equipment, armament, munitions, and material being specified by provisions and tables in the Treaty. (Ai-ts. 160-162, pp. 191-193; pp. 71-72, and tables following Art. ISO, p. 207; p. 77). Compulsory military service is abolished and hereafter the German Ai-my can be constituted and recruited by voluntary enlistment only. (Art. 173, p. 201, p. 74-) The period of enlistment of noncommissioned officers and privates is twelve consecutive years (Art. 174, p. 201; p. 76), and the period of service for officers is twenty-five consecutive years. (Ai-t. 175, p. 201; p. 75.) Officers remaining in the service must serve till they are 45 years old, and officers previously in the service must not take part in any military exercise, theoretical or practical. (Art. 175, pp. 201-203: p. 75.) Provisions covering allowable military schools are inserted (Art. 176, p. 203; p. 75), and "Educational establishments, the Univer- sities, societies of discharged soldiers, shooting or touring clubs, and, generally speaking, associations of every description, whatever be the age of their members, must not occupy themselves with military matters. In par- ticular they are forbidden to instruct or exercise their members or idlow them to be instructed or exercised in the profession or use of arms." (Ai-t. 177, p. 203; p. 75.) All measures of or appertaining to mobilization are forbidden. (iVrt. 178, p. 205 ; p. 76.) Germany must not send or accredit to any foreign country any naval, mili- tary, or air mission, nor allow any such mission to leave her territory, and must prevent her nationals eni-olling in the Ai-my, Navy, or Air Service of a foreim power, or being attached thereto as instructors. No AJhed or Associated Power must enroll in or attach to tneir armies or naval or air forces any German national as instruct- ors, but this shall not affect France's right to recruit for the Foreign Legion under her laws. (Art. 179, p. 205; p. 76.) Maintenance of military forces or assembling them, or upkeep of permanent works of mobilization, are forbidden on the left bank of the Rhine or within fifty kilometei-s of the right bank. (Ai-t. 43, p. 61 ; f. 24-) All surplus arms, munitions, and war materials, including aircraft, must be surrendered to the Principal Allied and Associated Powers. (Art. 169, p. 199; p. 73.) 32 DATA ON GERMAN PEACE TREATY. 2. Naval Clauses: German naval forces in commission must not exceed after 2 months from coming into force of Treaty, 6 battleships, 6 light cruisers, 12 destroyers, 12 torpedo boats, but no submarines, and an equal number of vessels constructed to replace these (Art. 181, p. 211; f. 78), but re])lacemcnt shijis must not exceed a specified displacement (10,000 tons for armored ships), and except when a ship is lost replacement shall not occur except after 20 years for battleships and cruisers, and 15 j'ears for destroyers and torpedo boats, counting from the launching of the ship. (Art. 190, p. 217; p. 81.) iUl other warships must be placed in reserve or devoted to commercial jnirposes. (Art. 181, ]). 211; f. 78.) The navy personnel shall not exceed 15,000 officers and men, with a total officers' strength of 1,500, and including naval and military corps or reserves (Art. 183, p. 211 ; -p. 79), all raised by voluntary enlistment, for jjcriods of 25 consecutive years for officers and 12 consecutive years for petty officers and enlisted men; replacements shall not exceed 5 jier cent per annum of totals; and no officer or man of the mercantile marine shall receive any traming in the Navy. (Art. 194, pp. 219-221; p. 8.2.) All surface warships not in German ports, and all now interned in neutral ports or in the ports of the Allied and Associated Powers, "cease to belong to Germany, who renounces all rights over them" (Art. 184, p. 213; p. 79). Eight named German battleships, 8 named light cruisers, 42 modern destroyers, and 50 modern torpedo boats chosen by the Principal Allied and Associated Powers. (Art. 185, p. 213; p. 79.) Surface warships now under construction are to be broken up (Art. 186, p. 215; p. 80) and certam named auxiliary cruisers and flat auxiliaries are to be disarmed and treated as merchant ships. (Art. 187, p. 215; p. SO.) All German submarmes, sulmiarine salvage vessels and docks for submarines, ' ' including the tubular dock, " are to be delivered to the Principal Allied and Associated Powers. If any are unfit to proceed under their own power or to be towed to allied ports, they and all others in course of construction are to be broken up. (Art. 18S, p. 217; p. SO.) No materials derived from any of this breaking up shall be used except for jjurcly industrial or commer- cial 2>urposes; they may not be sold or disposed of to other countries. (Art. 189, p. 217; p. 81.) The construction or acquisition of any submarine even for commercial purposes is forbidden. (Art. 191, p. 219; p. 81.) 3. Air Clauses: The armed forces of Germany must not include any military or naval air forces and no dirigibles shall be kept. (Art. 198, p. 223; p. 83.) All military and naval aeronautical material (except 100 seaplanes, with a spare engine for each to be used in searching for submarine mines, must be delivered to the Principal AOicd and Associated Powers. (Art. 198, p. 223; p. 83.) In addition to the foregoing clauses, others in this Part may be notetl as follows: Within tliree months Germany must disclose to the Principal Allied and jVssociated Powei-s the nature and mode of manufacture of all explosives, toxic substances, and other like chemical preparations used or prepared for use by them in the war. (Art. 172, p. 201; p. 7^.) Moreover, the importation into Germany and the manufacture for and export out of Germany of all arms, munitions, and war materials (Art. 170, p. 199; p. 74), the manufacture and importation of asphyxiating, poisonous, or other gases, and all analogous liquids, materials, or devices (Art. 171, p. 199; p. 71^), the manu- facture and importation into Germany of armored cars, tanks, and similar constructions suitable for use in war (id. p. 199; p. 74), the manufacture for and export from Germany of arms, munitions, or naval war mate- rial (Art. 192, p. 219; p. 81), and for a period of six months "the manufacture and importation of aircraft, engines for aircraft, and parts of engines for aircraft" (Art. 201, p. 225; /). S4) is forbidden. All the forgoing clauses are carried out under mter-AIlied Commissions (one for military matters, Art. 208, p. 229, p. So; one for naval, Art. 209, p. 231, p. S6; and one for aeronautics, Art. 210, p. 233, p. 86) whose "upkeep and cost," and "expenses of their work" shall be borne by Germany (Art. 207, p. 229, p. 85), which shall attach a qualified representative to each Commission, and which will give to the Commission "all necessary facilities for the accomplishment of their missions." (Art. 206, p. 229; p. 85). At the end of three months, "German laws must have been modified and shall be maintamed by the German Government in conformity with this part of the present treaty." (Art. 211, p. 233; p. 87.) 4. P^ortifications : No fortification on left bank of Rhine nor on right bank withm 50 kilometers of the river. (Ai-t. 42, j). 61 ; p. 2S.) No fortifications in plebescite areas of Ivreise of Stuhm and Rosenberg and jiart of Kreise of Marienburg, if plebescite gives them to East Prussia. (Art. 97, p. 147; p. 5Jf.) Of Heligoland — destroj'ed — neither they nor any similar works shall be reconstructed. (Art. 115, pp. 165, l&7;p.61.) In territory occupied by Allied and Associated troops, disarmed and dismantled, and no new ones erected. (Art. 180, pp. 205-207; ^x 76.) On east coast of Schleswig, Plolstem, and north coast of Mecklenburg, existmg fortifications demolished and guns removed, and no guns installed commandmg maritime routes. (Art. 195, p. 221; p. 82.) Fortifications on southern and eastern frontiers mamtamed as now. (Art. 180, p. 207; p. 76.) Those already established withui 50 kilometers of the German coast ov on German islands off that coast (other than those specffied m Art. 195) considered as of defensive character, and may remam where they arc. (Ai-t. 196, p. 221; p. 82.) DATA ON GERMAN PEACE TREATY. 33 5. Evacuation by Military Forces of Germany: From Polaml, the German ])lebisfite area, within 15 days of commg uito force of Treaty. (Art. 8S, Annex I, p. 129; p. 45.) From East Prussia- the plebiscite area.Vithin 15 days of comhig into force of Treaty. (Art. 95, p. 141; ]>. 52.) From Kj-eise of Stulim and Kosenberg and portion of Ki-eise of Marehiburg — a jilebiscite area — withm 15 days of coming into force of Treaty. (Art. 97. p. 145; p. 54.) From Schleswig — designated portion — within 10 days of commg mto force of Treaty. (Art. 109, p. 157; p. oS.) MEMORANDUM NO. 3. COMMISSIONS AND ANALAGOUS BODIES ESTABLISHED FOR THE CARRYING OUT OF THE TREATY PROVISIONS (EXCEPT THE CLEARING OFFICES, THE REPARATION COMMISSION, AND THE MIXED ARBITRAL TRIBUNAL, WHICH ARE TREATED IN SEPARATE MEMOS.). 1. Belgium Boundary Commission: A commission composed of seven persons — five appointed by the Prmcipal Allied and Associated Powers, one by Germany, and one by Belgium — will be set up within 15 days from the coming into force of the present Treaty and will settle on the spot the new frontier lines between Belgium and Germany, taking into accoimt the economic factors and means of communication. Decisions will be taken by a majority and will be binding on the parties concerned. (Art. -35, p. 57; p. 22.) 2. Saar Basin Boundary Commission: 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 15 days from the cjoming itito force of the present Treaty, and will trace on the spot the frontier line prescribed by the Treaty, taking into consideration so far as possible local economic interests and existing communal boundaries. The decisions of this commission will be taken by a majority and will be binding on the parties concerned. (Art. 48, p. 67; p. 2^.) 3. Saar Basin Governing Commission: The government of the territory of the Saar Basin shall be entrusted to a commission representing the League of Nations. This commission shall be composed of five members chosen by the Council of the League of Nations — one to be a citizen of France, one a native of the Saar Basin not a citizen of P'rance, and three members belonging to three countries other than France or Germany. The members are appointed for one year and may be reappointed. They may be removed by the Council of the League of Nations, which will refill the positions so vacated. (Art. 50, Annex, Chap, ll, par. 16, 17, pp. 77, 79; p. 29.) The chairman, appointed from the members by the Council of the League, will act as the executive of the commission. (Id., par. 18, p. 79; p. 30.) Within the territory of the Saar Basin the governing commission shall have all the powers of government hitherto belonging to the German Empire, Prussia, or Bavaria, including the appointment and clismissal of officials and the creation of such administrative and representative bodies as it may deem necessary. It shall have full powers to administer and operate the railroads, canals, and the difi'erent public services. Its decisions shall be taken by a majority. (Id., par. 19, p. 79; p. 30.) 4. Commission of Experts: A commission of thi-ee experts — one nominated by Germany, one by France, and one, who will be neither a Frenchman oi- German, by the Council of the League of Nations — the decisions of the experts to be given by a majority, will iletermine the price in gold which Germany is to pay for France's right of ownership in the Saar Basin coal mines, which may be situated in such part of the territory of the Saar Basin as the League of Nations may decide favors a union with Germany as the result of the plebiscite to be held 15 years from the coming into force of the treaty. (Art. 50, Annex, Chap. Ill, pars. 34, 36, pp. 87, 89; p?'- 33, 34-) 5. Boundary Commission for Czecho-Slovak State: A commission composed of seven members — five nominated by the Principal yVllied and Associated Powers, one by Poland, and one by the Czecho-Slovak Stale — will trace on the spot the frontier line between Poland and the Czecho-Slovak State. The decisions of this commission will be taken by a majority and shall be binding on the parties conceined. (Art. S3, p. 119; p. 44-^ 6. Boundary Commission of Poland : A commission consisting of seven members — five of whom shall be nominated by tlie Principal Allied and Associated Powers, one by Germany, and one by Poland — shall delimit on the spot the frontier line between Poland antl Germany. The tlecision of the commission will be taken by a majority of five and shall be binding on the parties concerned. (Art. 87, p. 125; p. 4^-) 7. International Commission Exercising Authority over Poland Upper Silecia Plebiscite Area A commission composed of four members designated by the following powers: ITnited States of America, France, the British Empiio, and Italy, wiU exercise authority over the plebiscite area of Upper Silesia. The commission shall enjoy all the powers exercised by the German or the Prussian Government, except those of legislation or taxation", and shall have the competence of interpreting its own powers, with authority to settle all cjuestions arising from the execution of the commission clauses of the Treaty, which tlecision shall be taken by a majority vote. It shall be assisted by technical advisers chosen by it from among the local population. It shall conduct the plebiscite provided for by the treaty. (Art. 88, Annex, pars. 2, 3, pp. 129, 131: p. 48.) 34 DATA ON GERMAN PEACE TREATY. 8. Interna tioaal Commission Exercising Autliority over the East Prussia Plei)iscite Area: A commission composed of five members appointed by the Principal Alhed and Associated Powers shall have general powers of administration and in particular will be charged with the duty of arranging for the vote and of taking such measures as it may deem necessary to insure i-ts freedom, fairness, and secrecy. The com- mission win have all necessary authority to decide any cjuestions to which the execution of these provisions will give rise and will make such arrangements as may be necessary for assistance in the exercise of its functions by officials chosen by itself from the local population. Its decisions will be taken by a majority. After tlie vote has been taken the Principal Allied and Associated Powers will then fix the frontier between East Prussia and Poland in this region. (Art. 95, pp. 141, 143; p. 52.) 9. Boundary Commission for Free City of Danzig: A commission composed of five members, three appointed by the Principal Allied and Associated Powers, including a High Commissioner as president, one appointed by Germany and one by Poland, shall delimit on the spot the frontier of the Free City of Danzig territory, taking into account as far as possible the existing communal boundaries. (Art. 101, p. 151; p. 56.) 10. International Commission to Exercise Authority over the Northern Schleswig Plebiscite Area: A commission composed of five members, three designated by the Principal Allied and Associated Powers, one by Norway, and one by Sweden, or in the event of their failing to name the members, these two members also to be chosen by the Principal Allied and Associated Powers will exercise authority over the Northern vSchleswig plebiscite zone. The conimission will have general powers of administration, with the power to remove and replace Ger- man authorities and to take all steps deemed by it necessary to insure 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 popu- lation. Its decisions will be taken by a majority. (Art. 109, pp. 157, 159; p. 58.) 1 1 . Schleswig Boundary Commission: 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 15 days from tiie 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. (Art. Ill, p. 163; p. 60.) 12. Military Inter-Allied Commission of Control: The Alilitary Inter-AUied Comnlission 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 mihtary clauses. (Art. 208, p. 229; p. c?5.) The number of members composing this commission and its internal procedure are not provided for. The members of the commission are appointed by the Principal AUied and Associated Powers. (Art. 203, X>. 221; p. 85.) 13. Naval Inter-AUied Commission of Control: 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. (Art. 209, p. 231 : p. 86.) The members are appointed by the Principal Allied and Associated Powers. (Art. 203, p. 227; p. 85.) The method of appointment and provisions for the internal government of the commission are not given. 14. The Aeronautical Inter-Allied Commission of Control: The Aeronautical Inter-^Vllied Commission of Control will represent the Governments of the Principal Allied and A.ssociated Powers in dealing with the German Government in all matters concerning tlie execution of the ah- clauses. (Art. 210, p. 2.33; y*. <§e.) The members are appointed by the Principal Allied and Associated Powers. (Art. 203, p. 227; p. 85.) The number of membei-s of the internal procedure of the commission are not provided for. 15. Prisoners' Commission: A commission composed of representatives of the Allied and Associated Powers on the one part and of the German Government on the other will carry out the repatriation of German prisoners of war and interned civilians. For each of the Allied and Associated Powers a subcommission composed exclusively of represntatives 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. (iVrt. 215, p. 237; p. 88.) The repatriation of prisoners of war and interned civilians shall take place as soon as possible after the coming into force of the ])resent treaty and shall be carried out with the greatest rapidity. (Art. 214, j). 237; p. 87.) 16. Commission on Graves: German}" agrees to recognize any commission appointed by an Allied or Associated Government for the ])urpose of identifying, registering, caring for, or erecthig suitable memorials over the gi-aves of soldiers and sailors buried in German territory, and to facilitate the discharge of the duties of sucli commissions. This pro- vision seems to be reciprocal in favor of Germany. (Art. 225, p. 243; j>. 89.) DATA ON GERMAN PEACE TREATY. 35 17. Commission on Social and State Insurance in Ceded Territory: A commission of five m(>ml)ers, one appoiiited by the German (iovernnient, one by the other interested Government, and tlu-ee by the governino; body of the International Labor Office from the nationals of other States, shall determine the ct)nditions of transfer of snch portions of the reserves accumulated by the Govern- ment of the German Empire or of German States, or by public or private organizations imder their control, as is attributable to the carrying on of social or State insurance in ceded territory, unless such transfer has been arranged by special convention within tliree months after the coming into force of the preseiit treaty. (Art. .S12, p. 427, 429; p. ISo-lSG.) IS. International Commission for the^Ell)e (La])e) River: The Elbe (Labe) shall be placed under the atlministration of an international commission which shall com- prise four representatives of the German States bordering on the river, two representatives of tlie Czecho-Slovak State, one representative of Great Britain, one representative of France, one representative of Italy, and one representative of Belgium. Whatever be tlie mmiber of members present, each delegation shall have the right to record a mnnber of votes eqiml to the immbcr of representatives allotted to it. If certain of these represen- tatives can not be appohited at the time of the coming into force of the present Treaty, the decisions of the commission shall nevertheless be valid. (Art. 340, p. 451; p. 164.) This commission shall ])roceed immediately to prepare a project for the revision of existing international agreements and reo;ulati()ns (Art. 34.3, p. 453; p. 164), which project shall designate the headquartei-s of the commission, prescribe the manner in which its president is to be nominated, specify the extent of the commis- sion's powers, particularly in regard to the execution of works of maintenance, control, and improvements on the river system, the financial regime, the fixhig and collection of charges and regulations for navigation, and shall define the sections of the river or its tributaries to which the international regime shall be applied. (Art. 344, p. 453: p. 165.) 19. Internatioinil Commission for the Oder (Odra) River: The Oder (Odra) shall be placed under the administration of an international commission wliich shall comprise one representative of Poland, three representatives of Prussia, one I'epresentative of the Czecho- slovak State, one representative of Great Britain, one representative of France, one representative of Denmark, and one representative of Sweden. If certain of these representatives can not be appointed at the time of the coming .nto force of the present Treaty, the decisions of the commission shall nevertheless be valid. (Art. 341, p. 451 : p. 164.) 'ifhis commission shall proceed immediately to prepare a project for the revision of existing international agreements and regulations (Ai-t. 343, p. 453; p. 164), which project shall designate the headquarters of the commission, prescribe the manner in which its President is to be nominated, specify the extent of the commis- sion's powers, particularly in regard to the execution of works of maintenance, control, and river improvements on the river system, the financial regime, the fixing and collection of charges and regulations for navigation, and shall define the sections of the river or its tributaries to which the international regime shall be applied. (Art. 344, p. 453; p. 165.) 20. International Commission of the Niemen (Russstrom-Memel-Niemen) River: Upon request to the League of Nations by any riparian State, the Niemen (Russstrom-Mcmel-Niemen) shall be placed under the administration of an international commission, which shall comprise one representa- tive of each riparian State and three representatives of other States specified bv the League of Nations. (Art. 342, p. 453; /). I64.) 21. International Commission for the Danube System: A commission shall be appointed composed of two representatives of German riparian States, one repi-c- sentative of each other riparian State, and one representative of each nonriparian rcjiresented in the future on the European Commission of the Danube, and shall be plated in charge of the administration of tlie Da.nnhc system referred to in Ai-ticle 331 (p. 443; /». 161). If certain of these representatives can not be, a])])ointed at the time of the coming into force of the present Treaty, the decisions of the commission shall nevertheless be valid. (Art. 347, p. 455; /). 165.) ■This commission shall undertake provisionally the administration of the river in conformity with the prin- ciples of Ai-ticles 332 to 337 (pp. 445-447; pp. 161, 162) until such time as a definite statute regarding the Danube is concluded by the Powers nominated by the Allied and Associated Powers. (Art. 348, ]). 455; p. 165.) This conference will be of the Powers nominated bv the Allied and Associated Powers. (Art. 349, p. 457; ;*. 166.) 22. Commission Free Zones in Northern Ports: A commission consisting of one delegate of Germany, one delegate of the Czecho-Slovak State, and one delegate of Great Britain shall decide as to the delimitation of the free zones in Hamburg and Stettin, which Germany shall lease to the Czecho-Slovak State for a period of 99 years (Art. 363, p. 469: p. 170) and the ecjuipment of such areas, their exploitation, and in general all conditions for their utilization, including the amount of the rental. Such conditions shall be susceptible of revision every 10 years in the same manner and Germany declares in advance that she will adhere to the derisions so taken. (Art. 364, p. 471 ; p. 170.) 23. Commission of Experts on Railways: Commission of Experts on Railways designated by the Allied and Associated Powers, on which Germany shall be represented, shall as regards raiilway lines, ceded by Germany to States obtaining part of her territory, where said railway lines have no special rolling stock, fix the proportion of the stock existing on the system 36 DATA ON GERMAN PEACE TREATY. to which the hues belong, which Germany shall hand over to the cedod system. These commissions shall also specify the locomotives, "carriages," and "wagons" to be handed over in each case; they shall decide npon the conditions of then- acceptance and shall make the provisional arrangement necessary to ensure their repair in German workshops. (Art. 371, p. 477; p. 173.) The High Contracting Parties agree that, in the absence of any subsequent agreement to the contrary, the chairman of any commission established by the present Treaty shall in the event of an equalitv of votes ]>e entitled to a second vote. (Art. 437, p. 533; f. 19.) MEMORANDUM NO. 4. THE REPARATION COMMISSION. 1. Constitution and Personnel of the Commission (Art. 244, Annex II, p. 261 et seq.; f. 96, et seq.): Each of the Powers named below will appoint one delegate and also one assistant delegate, who takes the delegate's place in case of the lattcr's illness or necessary absence, the assistant delegate at other times having merely the right to be present at proceedings without taking any part therein. Tliese powers are the United States of America, Great Britain, France, Italy, Japan, Belgiiun, and the Serb-Croat-Slovene State. On no occasion shall more than five of the Powers have the right to take part in the proceedings of the commission and record votes, and the delegates of the United States, Great Britain, France, and Italy shaU have the right on aU occasions. The delegate of Belgium shall sit whenever the delegate of Japan (who sits on questions relating to damage at sea and the condemnation of concessions in Russia, China, etc.. Art. 260, p. 317; p. 116, or the delegate of the Serb-Croat-Slovene State, who sits on questions relat- ing to Austria, Hungary, or Bulgaria) does not sit. Any Government represented on the commission may withdraw upon 12 months' notice filed with the commission, the notice being confirmed in the course of the sixth month after the date of the original notice. Other interested AUied and Associated Powers may appoint a delegate to be present and act as assessor in respect to that Power's claims and interests when under examination or discussion, but the assessor has no right to vote. Proceedings of the commission are private unless the commission otherwise determines. There shall be a chairman or vice chairman of the commission holding office for one year and eligible for reelection. The German Government will accord to the members of the commission and its authorized agents the same rights and immunities as aie enjoyed in Germany by duly accredited diplomatic agents of friendly Powers and will pay the salaries and expenses of the commission and of its staff. (Art. 240, p. 255; p. 94.) A member of the commission is responsible to his own Government for his acts of omission or commission, and no Allied or Associated Government assumes any responsibility in respect to any other Government. The commission shall be dissolved when aU the amounts due from Germany and her Allies under the present Treaty or the decisions of the commission have been discharged and all sums received, or their equivalents shall have been distributed to the Powers iatcrcsted. (Art. .244, Annex II, par. 23, p. 277; p. 101.) Powers and Jurisdiction of the Commission (Art. 244, Annex II, p. 261 ; p. 96) : The commission is not bound by any code or rules of law or by any particular rule of evidence of procedure, "but shall be guided by justice, equity, and good faith." Cases involving the same principles and rules should be similarly decided. The commission will establish rules relating to methods of proof of claims and will act on any trustworthy modes of computation. (Par. 11.) The commission has the right to appoint all necessary offi.cers, agents, and emploj'ees requisite for the executions of its functions and fix their remuneration; may constitute committees, whose members need not be members of the commission; take all executive steps necessary for the discharge of its duties; and delegate authority and discretion to officers, agents, and committees. (Par. 7.) "The commission shall in general have wide latitude as to its control and handling of the whole reparation problem as dealt with in this part of the present Treaty and shall hav(; authority to interpret its provisions. Subject to the provisions of the present Treaty, the commission is constituted by the several Allied and Asso- ciated Governments referred to in paragraphs 2 and 3 above (those appointing delegates and assessors) as the exclusive agency of the said Governments, respectively, for receiving, selling, holding, and distributing the reparation payments to be made by Germany under this part of the present Treaty." (Par. 12.) The Reparation Commission determines the amount of damage for which compensation is to be made by Germany after giving the German Government a ''just opportunity" to be heard (Art. 233, p. 251; p. 92), but Germany may take no part in the decisions of the commission, which shall also afford a similar opportunity to the Alhes of Germanv when it shall consider that their interests are in ({ucstion. (Art. 244, Annex II, par. 10, p. 265; p. 97.) The following additional functions are worthy of note: The Reparation Commission shall — Draw up a schedule of payments prescribing the time and manner for securing and discharging the entire obhgation within a period of 30 years from May 1, 1921. (Art. 233, p. 251 ; p. 92.) Determine in its discretion when and to what extent the payments of Germanv shall be extended or modified (Arts. 233, 234, p. 251 ; p. 92), and shall hear evidence and arguments on the part of Germany on any questions connected with her capacity to pay. (Art. 244, Annex II, par. 9, p. 265: p. 97.) DATA ON GERMAN PEACE TREATY. 37 Determine within the hmits of rules laid down the amount of bonds or other obligations which Germany shall issue and as to when they shall be issued, which bonds are to be both a guarantee and an acknowledgment of the debt they cover. (Art. 244, Annex II, par. 12, p. 269, et seq.; p. 99.) Lay down the procedure under which shall be restored cash and property seized or sequestrated by Germany during the war. (Art. 2.3S, p. 25.5, p. 93.) Receive from Germany the merchant ships and fishing boats which she must deliver. (Art. 244, Annex III, p. 277; p. 102.) Determines the specifications of tlie ships to be built by Germany for the account of the Allied and Asso- ciated Governments, the conditions under which they are to be built and delivered, the price per ton at which they are to be accounted for by the Reparation Commission, and all other questions relating to the account- ing, ordering, building, and delivery of the ships. (Id., p. 279; p. 103.) Take title to that portion of the German River fleet which is turned over to make good the losses incurred durmg the war by the Allied and Associated Powers. (Id. p. 281 ; p. 103.) Consider the lists filed with it l)y the Allied and Associated Governments showing animals, machmery, 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, which the Governments desire to have restored for meeting their immediate and urgent needs, as also of reconstruction materials (stones, bricks, refractory bricks, tiles, wood, window glass, steel, lime, cement, etc.), machinery, heatmg apparatus, furni- ture and like articles which the powers desire to have produced and manufactured in Germany and delivered to them to permit of tlie restoration of the invaded areas. The commission shall then determine the amount and number of materials and animals mentioned in the hsts which Germany is to be required to furnish. (Id., Anne.x IV, pp. 283, 285; p. 104-105.) Give the representatives of the German Government an opportimity and a time to be heard on their aliility to furnish such materials, articles, and animals. (Id., p. 287; p. 105.) Determine the value to be attributed to such materials, articles, and animals and the amount thereof to be credited against tlie reparation account. (Id., p. 287; p. 105.) Pass upon the amount of coal which Germany should be called upon to furnish under the options granted in the Treaty, as also the replacement of coke for coal, the delivery of benzol, coal tar, and sulphate of ammonia. (Art. 244, Annex V, p. 291, et seq.; p. 106, et seq.) ■ Have the right to require the delivery of 50 per cent of the total stock of each and every kuid of dyestuff and chemical drug m Germany or under German control at the date of the coming into force of the treaty, the price to be paitl for such dyestuffs and so to be credited against the reparation account to be fixed by the commission. (Art. 244, i\jinex VI, p. 295, et seq.; p. 108.) Germany also agrees to deliver during any six months peiiod up to January 1, 1925, up to 25 per cent of the German production of such dyestuffs and chem- icals produced diu-ing the precedmg six months, or 25 per cent of the normal production. (Id., par. 2, p. 297; p. 109.) Have the power to make exceptions to the priority distrilmtion provided by the Treaty for the revenue of the German Empire and its constituent States. (Aj-t. 248, p. .305; p. 111.) Determine the amount of the public debt (Empire or Stated which cessionary States shall assume in respect ti the territorial areas ceded to them, as also the method of discharging such obligation. (Art. 254, p. 309; p. 113.) Fix the value of all State property ceded by the Treaty to the Allied and Associated Powers, which prop- erty shall mclude the private property of the former German Emperor and other royal personages, such value to be paid by the acquiring States to the .Reparation Commission lor credit on tlie reparation account in favor of the German Government. (Art. 256, p. 311; p. II4..) May demand that the German Government become possessed of rights and interests of German nationals in public utilities and concessions in Russia, China, Turkey, Austria, Hungary, and Bulgaria or m the posses- sions or dependencies of these States or any territory formerly belongmg to Germany or her allies to be ceded by Germany or her allies to any Pov/er or to be administered by a mandatory imder the present Treaty; and may require the German Goverimient to transfer all such rights and mtcrests to the .Reparation Commission, which shall credit Germanv on the reparation accoxmt the value of said riizhts and interests as assessed by itself. (.\i-t. 260, p. 317; p. 116.) Is authorized to accept on account of the bill against Germany lor the total amount of her damage (which shall be concluded and notified to the German Government on or before May 1, 1921, as representmg tlie extent of the Government's obliirations) (Art. 233, p. 251; p. 92) chattels, properties, commodities, businesses, rights, concessions, v\"ithm or without Gemiany territory, ships, bonds, shares or secm-ities of any kind, or currencies of Germany or other States, the vahie of such substitutes for gold bemg fixed at a fau' and just anioimt by the commission itself, which shall have due regard in acceptmg such pajiirents, for an}^ legal or ecjuitable mter- ests of the Allied and Associated Powers or of neutral Powers or of their nationals therein. (Art. 244, Annex II, pars. 19, 20, p. 275: p. 101.) Determine the debt Belgium oAves to the Allied and Associated Powers, incurred up to November 11, 1918, with interest at 5 per cent, and accept German bonds for this amount. (Ait. 232, p. 249; p. 91.) Make decisions regarding cancellation of German debt {Xxi. 234, p. 251, «. 92; Ai't. 244, .'Umex II, par. 13, p. 271; p. 99), accompanied by a statement of reasons (Art. 244, Aimex 11, par. 12 (f), p. 269, p. .99), but any cancellation must be with the specific authority of the several Governments represented upon the com- mission. (Art. 234, p. 251; p. 92.) Require information from German Government relative to financial situation and operation and to the property productive capacity, and stocks and current production ol raw materials and manufactured articles of Germany and her nationals, also mformation regardmg military operations. (Ai-t. 240, p. 255; p. 94-.) 3y DATA ON GERMAN PEACE TREATY. Detormme credits to be made to Germany on account of transfers, rights, concessions, or other interests not specifically covered. (Art. 243, p. 257; p. 94-) Must take bonds and undertakings from Germany as stipulated. (Ai-t. 244, Amiex II, par. 12 (c), p. 267; p.9S.) May take into account in fixing total amount of debt against Germany, interest due on sums arising out of the reparation of material damages as from November 11, 1918, up to May 1, 1921. (Art. 244, Annex II, par. 16, p. 27.3; p. 100.) Make recommendation of action to be taken against Germany in case of default by Germany in performance of any obligation imposed by Part VIII. (Art. 244, Annex II, par. 17, p. 273: p. 100; and see Art. 430, p. 521; p. 189.) Indicate to German Government measures to be taken by it to seciu-e fuU title to ships transferred to neutral flags during war, or now in process of such transfer without consent of Allied or Associated Govern ments. (Art. 244, Annex III, par. 7, p. 281 ; p. 103.) Determine amounts representing expenditures by the German Empire or States upon the Government properties referred to in Article 256. (Art. 255, p. 311; p. 113.) Determine value of Saar Basin property ceded to France. (Art. 50, Annex, Chap. I, par. 5, p. 71; p. 27.) Determine amount of German debt arising from measures adopted by the German and Prussian Govern- ments with a view to German colonization of Poland. (Art. 92, p. 137; p. 51.) Approve estimates of French Government relating to deposits, credits, and advances effected under tlie agreements dealing with Equatorial Africa. (Art. 125, p. 171; p. 64-) Determine value of buildings, forests, and other State property which belonged to former Kingdom of Poland. (Art. 92, p. 137: p. 51.) Determine value of Germany's portion of the capital of the State Bank of Morocco. (Art. 145, p. 183; P- 68.) All proceedings of the commission shall be private, unless on particular occasions the commission shal otherwise determine for special reasons. (Art. 244, Annex II, par. S, p. 265; p. 97.) MEMORANDUM NO. 5. CLEARING OFFICES. PROPERTY, RIGHTS, AND INTERESTS, INCLUDING PECUNIARY OBLIGATIONS OF GERMAN NATIONALS IN ALLIED AND ASSOCIATED COUNTRIES AND OF THE NATIONALS OF THE ALLIED AND ASSOCIATED COUNTRIES IN GERMANY'. [See generally Part X, Sec. Ill, pp. 347-367, pp. 121-133, and Sec. IV, pp. 367-385, pp. 134-141-] First. As to the property of German nationals in AUied and Associated territory: Under the Treaty the Allied and Associated Powers reserve the right to retain and liquidate all property, rights, and interests belonging at the date of the coming into force of the present Treaty to German nationals, or companies controlled by them, within their territories, colonies, possessions, and protectorates, including territory ceded to them by the present Treaty, this liquidation to be carried out m accordance with the laws of the allied or associated state concerned, the price to be fixed in accordance with the methods of sale or valua- tion ado])ted by the laws of the country in which the property has been retamed or liquidated. Proceeds of industrial property dealt with in the same way, unless legislation in force at the time of signature of treaty, otherwise directs. " (Art. 306, p. 417; p. 152.) The German owner shall not be able to dispose of his property, right, or mterests, nor to subject them to any charge without the consent of the State m which the property is located. (Art. 297 (b), p. 367; p. 134.) The Treaty also provides that as between the Allied and Associated Powers or their nationals on the one hand and Germany or her nationals on the other hand all the excejjtional war measures or measures of transfer (both of which terms are defined in the Treaty, see Art. 298, Annex, par. 3 and 4, p. 377, 379, p. 138, and cover roughly activities such as those of the Alien Property Custodian in the United States) or acts done or to be done in execution of such measures as defined in paragraphs 1 and 3 of the Annex to Article 298 (pp. 375-377; pp. 137-138) shall be considered as final and binding upon all persons except as regards the reservations laid down in the Treaty. Paragraph 1 (p. 375; p. 137) of the Aimex above mentioned amplifies this confii-mation of the exceptional war measures or measures of transfer by the powers (and as to the jn-ovisions of paragraph 1, of Germany also). Paragraph 2 (p. 377; p. 137) provides further that no claim or action shall be made or brought against any Allied or Associated Power or against any person actmg on behalf of or imder 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 action or omission with regard to his property, right, or interests dming the war or in prepara- tion for the war. Similarly no claim or action shall be made or brought agamst any person in respect of any act or omission under or in accordance with the exceptional war measures, laws, or regulations of any Allied or Associated Power. The property, rights, and interests of German nationals will continue to be subject to exceptional war measures that have been or will be taken with regard to them pursuant to tlie authorization above recited until the complete liquidation therein contemplated has been completed. (Art. 298, Annex, par. 9, p. 381 ; p. 139.) DATA ON GERMAN PEACE TREATY. 39 Furthermore all investments wheresoever effected with the cash assets of the nationals of the Allied and Associated Powers and Germany, includinp; companies and associations in wliich such nationals were interested, by persons responsible for the administration of enemy property 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 investments. (Art. 298, Annex, par. 12, p. 383; p. I40.) Again compensation in respect of damages or injuries inflicted upon the property of the nationals of Allied and Associated Powers in Germany may be charged upon the in-operty of German nationals within the territoiy or under the control of the creditor national's State. Tliis German property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto. The payment of the com- ])ensation may be made bv the Allied or Associated State and the aniount will h(\ debited to Germany. (Art 297 (e), p. 369; j). 134.) Finally Germany undertakes to compensate her nationals in respect of the sales or retention of their property, rights, or interests in Allied or Associated States. (Art. 297 (i), p..373 ; p. 136.) Second. The property of the nationals of Allied and Associated Powers in Germany : In the first place the exceptional war measures and measures of transfer (defined as already indicated), taken by Germany with respect to the property, rights, and interests of the nationals of Allied and Associated Powers including companies and associations in which they are interested, when liquidation has not been com- pleted, shall be immediately discontinued or stayed and the property, rights, and interests concerned restored to their owners who shall enjoy full rights therein as provided in the Treaty. (Art. 297 (a), p. 367; p. 134.) As to the confirmation (of paragraph 1 of the Annex to Art. 298, p. 375: p. 137) of the complete acts of the German Govermnent instrumentalities (ec|uivalent to the American Alien Property Custodian) there is this jiroviso : This confirmation will not ap})ly to such of the measures mentioned as have been taken by the German authorities in iuA'aded or octaipied territory, nor to such of the mentioned measures as have been taken l)y Ger- many or the German authorities since November 11, 1918, all of which shall be void. (Ait. 298, Annex, par. 1, p. 377; p. 137.) ' As to the property and rights of the nationals of the Allied or Associated Powers witliin whose territory legislative measures prescribing the general liquidation of enemy property, rights, or interests were not apjilied before the signature of the armistice the following procedure may be had. (Art. 297 (f) (g), pp. 369-371; p. 135.) Wlienever a national of such a power is entitled to property which has been subjected to a measure of transfer in German territory, and expresses a desire for its restitution, his claim for compensation shall be satis- fied by the restitution of the said property, if it still exists in specie, free from any eiicumbrances or birrdens with which it may have been charged after the liquidation, all third parties injured by the restitution being indemni- fied. Allied and Associated Powers must specify the property, rights, and interests as to which they intend to exercise this right of restitution which will be carried out by order of the Geravan Government or of the authori- ties which have been substituted for it. (Art. 298, Annex, par. 7, p. 381; p. 139.) As to all such property, rights, and interests so restored Germany undertakes to restore and mamtain such property in the legal position obtaining in respect of the property, rights, and interests of German nationals under the laws in force before the war, and not to subject any such property, rights, or interests to any meas- ures in derogation of property lights which will not apply equally to property rights and interests of German nationals and to pay adequate compensation in the event of the appHcation of these measures. (Art. 298, p. 373: p. 136.) These provisions apply also to property as to which exceptional war measures of transfer have been discontinued. Furthermore, the nationals of Allied and Associated Powers shall be entitled to compensation in respect of damages or injury inflicted upon theii property, rights, or interests, including any company or association in which they are interested in Gennan territory as it existed on August 1, 1914, by the application either of the (exceptional war measures or measures of transfer mentioned in paragraphs 1 and 3 of the Annex hereto. The clahns made in this respect by such nationals sliaU be investigated and the total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI of Part X or by an arbitrator appointed by that tribunal. (Art. 297 (e), p. 369; p. 134.) Finally, Germany must, within six months from the coming into force of the present Treaty, deliver to each Alhed or Associated Power aU securities, 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 bonds, stocks, debentures, debenture stocks, or other obhgations of any company incorporated in accordance with the laws of that power. (Art. 298, Annex, par. 10, p. 383; p. 139.) In brief, Gei-many is to cease all exceptional war measures and measures of transfer and restore to the nationals of the Alhed and Associated Powers their property affected thereby; is to restore any of their property still existing in specie: is to grant compensation for all damages or injuries inflicted upon their property; and is to deliver to each of the Powers the securities held by Germans of any company created under the laws of the Power. Third. Disposition of the proceeds of enemy property: The net proceeds of the sales of enemj^ property, rights, or interests wherever situated carried out either by virtue of war legislation or by the application of the provisions of Article 297, and in general all cash assets of enemies shall be dealt with as follows: 40 DATA ON GERMAN PEACE TREATY. Two plans are provided — one for those not adopting the provisions of Section III and the Annex thereto (Part X) and the otlier that provided for by said section. (Art. 297 (h-1, 2) p. 371 ; f. 1S5.) A. Plan to be followed by those not adopting Section III of Part X: (1) Property of the nationals of Allied or Associated Governments held by Germany. The proceeds of 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 Government. ( Art. 297 (h-2),p. 371; p. 135.) (2) Property of German nationals held by Allied or Associated Powers. The proceeds of property, rights, and interests and the cash assets of German nationals received by an Allied or Associated Power shall be subject to disposal by such power in accordance with its laws and regulations and may be applied in payment of claims and debts denned by this article or paragraph 4 of the Annex hereto. (Art. 297 (h-2),_ p. 371; p. 1S5.) The provisions of paragraph 4 referred to are as follows : All property, rights, and interests of German nationals within 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 Power in the first place with payment oE amounts due in respect of claims by the nationals of that Allied or Associated Power with regard to their property, rights, and interests, including companies and associations in which they are interested in German territory, or debts owing to them bj' German nationals, and with payment of claims growing out of acts committed by the German Government or by any German authorities since July 31, 1914, and before that Allied or Associated Power entered into the war, Tlie amount of sucli claims may be assessed by an arbitrator apjiointed by Mr. Gustave Ador, if he is willing, or if no such appointment is made by him, by an arbitrator appointed by the Mixed Arbitral Tribunal prov-ided for in Section VI . 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, in so far as those claims are otherwise unsatisfied. (Art. 298, Annex, par. 4, p. 379; p. 13S. Any property, rights, and interests or proceeds thereof or cash assets not used as above provided may be retained by the said iUlied or Associated Power, and if retained the cash value thereof shall be dealt with as ])rovided in Article 243 (p. 257; p. 94) — that is to say, it will be credited to Germany in resject of her repa- ration obligations. (Art. 297 (h-2), p. 371 ; p. 135; and see Arts. 242, 243, p. 2.57; p. 94.) Liquidation effected in new States signatories of the jjresent Treaty or in States which are not entit'ed to share in the rejiaration payments to be made by Germany. The proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, ]iarticularly under /irticles 235 (p. 253; j).. 93) and 260 (p. 317; p. IIG), be jiaid direct to the owner. If the owner be not satisfied and apply to the Mixed Arbitral Tribunal, such tribunal shall itself or by an arbitrator examine the case and if satisfied that the conditions of the sale or measures taken.by the Government of the State in question outside its general legislation were unfairly prejudicial to the price obtained shall have discretion to award to the owner equitable compensation to be paid by that State. (Art. 297 (h-2), p. 373; p. 136.) B. Powers adojiting Section III (p. 347; p. 127) and the Annex thereto proceed as follows: It is in the first place to be observed that this section is entitled "Debts" and ap])arently relates, primarily at least, only to the settlement and adjustment of dchts between German nationals and the nationals of Allied and Associated Powers. It does not appear clear in what manner jjroperty, rights, and interests other than debts, which are covered by wSection IV, wliich foUoAvs (]). 367; v. 134), are to be adjusted under Section III, although the plan for adjustment under Section IV is reasonably clear, and it seems in contemplation (Art. 296, p. 349; p. 127) that such property, rights, and interests m.cntioned in Section IV shall be accounted for under this procedure. Moreover, the class of debts wliich may be adjusted under this section are confined to the following (Art. 296, ji. 347 ; p. 127) : _ 1. Debts payable before the war and running from a national of one of the Contracting Powers residing within its territory and due to a national of an Ojiposing Power residing within its territory; 2. Debts which became jiayable during the war to nationals of one of the Contracting Powers residing within its territory and arose out of transactions or contracts with the nationals of an Opposing Power, resident within its territory, of wliich the total or partial execution was suspended on account of the declaration of war; 3. Interest which has accrued due before and during the war to a national of one oT the Contracting Powers in respect of securities issued by an Opiposing Power, ])rovided that the p-ayment of interest 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 before and during the war to nationals of one of the Con- tracting Powers in respect of securities issued by one of the Opposing Powers, provided that the payments of such capital sums to nationals of that Power or to neutrals has not been suspended during the war. The settlement of these debts is accomplished under the following principles and plan: A. Each Government guarantees the payment of all such debts of its nationals except where the debtor was in a state of banla'uptcy before the war or had given formal indication of insolvency or where the debt Avas due by a company whose business had been liquidated under emergency legislation during the war. This does not apply to territory invaded of occupied by the enemy before the armistice. {Axt. 296 (b), p. 349; pi. 127.) This guaranty is effective VN^henever for any reason a tiebt is not recoverable because of the reasons above mentioned or where the debt has been barred by the statute of limitations in foroe in the debtor's countiy. (Id., Annex, par. 4, p. 355; 2>. ^^5.) Within six months of the establishment of the Clearing Office, creditors must give notice of debts due them, and shall furnish the office with any document and information required of them. (Art. 296, Annex, par. 5, ]).Z55;p. 129.) A debtor Clearing House must credit a Creditor Clearing House with every debt admitted by the debtor even though it be unable to collect it. The Government concerned will, Tievcrtheless, invest their respective Clearing Offices with all necessary powers for the recovery of debts which have been admitted. (Id., par. 14, p. 359; p. 131.) DATA ON GERMAN PEACE TREATY. 41 B. Each of the Hign Contracting Parties shall prohibit, as from the coming into force of the present Treaty, both the pajnnciit and the acceptance of payment of such debts and also of communications between the inter- ested parties \dth regard to the adjustment of said debts other^\^se than tbi-oucrh the Clearing Offices to be established. (jVi-t. 296 (a), p. .340; 7;. 127.) Violations of this prohibition shall be punished with the same penalties wliich are provided by legislation for trading with the enemy (id., Annex, par. .3, p. 353; f. 129), and the parties to the Treaty agree to take all suitable measiu-es to trace and punish collusion between enenw creditors and del) tors and to communicate one with another any evidence and information which might help the discovery and pimishm en t of such collusion. (Id., Annex, par. 5, p. 35.5; p. 7i25.) Moreover, each country must prohibit witliin its territory all legal processes relating to the payment of enemy debts except in accordance with the provisions of the IVeaty. (Id., par. 3, p. 353; p. 129.) C. Each country shall establish a Clearing Office for the collection and payment of debts due to its nationals and for the collection for payment of debts due from its nationals to nationals of the opposing party. (Art. 296, Annex, par. 1, p. 353; p. 128.) It moreover appears that by agi-eement between the Allied and Associated Powers, these Clearing Offices may similarly act with reference to the nationals of one resident in the other; that is, an American Clearing Office coidd act in the settlement of a debt running from a German to a Frenchman resident in the United States, (x^a•t. 296 (f), p. 353 ; f. 128.) In appointmg the personnel of a Clearmg Office or of the MLxed Arbitral Tribunal due regard shall be paid to the knowledge possessed by the personnel of the language of the other comitry concerned. (Id., Aimex, par. 21, p. 363; p. 132.) D. Each Clearing Office is both a debtor Clearing Office and a Creditor Clearing Office. As a creditor Clearing Office it notifies the Clearing Office of the other coimtry (wliich for this purpose is a debtor Clearing Office) of all tlie debts which have been declared agamst the other Clearing Office. (Id., Annex, par. 5, p. 355; p. 129.) As a debtor Clearing Office it mforms the Clearing Office of the other country (which for that purpose is a Creditor Clearing Office) of all debts which have been admitted and of debts which are contested, in the latter case giving the grounds for the nonadmission of the debts. (Id.) Or, differently stated, the iVnicrican Clearing Office notifies the Gemian Clearing Office of all debts claimed by American citizens against Gennans and of all claims admitted by American citizens in favor of Gennans; and the German Clearuig Office notifies the American Clearmg Office of all debts admitted by Germans in favor of Americans ami of all claims made by Germans agamst Americans. If any person makes a claim which in whole or in part is not admitted, he must pay by way of fine, interest at 5 per cent on the part not acUnitted. If any person denies liability of the whole or part of a debt clauned he shall pay by way of fine mterest at 5 per cent on the amount with regard to which his refusal is disallowed. (Id., par. 10, p. 357; p. 130.) The amo\mt recovered from these fines applies on the expenses of the Clearing Office. (Id.) Wliere any debt is not athnitted m whole or m part, the two Clearmg Offices (debtor and creditor) examine the matter jomtly and endeavor to bring the parties to an agreement. (Id., par. 8, p. 357; p. 130.) Seemingly, if creditor and debtor are luiable to reach an agreement, the two Clearing Offices may undertake to reach an agreement. (Id., par. 16, p. 361; p. 131.) If the Clearing Offices do not reach an agreement, the dispute shall be either referred to arbitration on terms agreed to by the parties or referred to the Mixed Ai'bitral Tribunal provided for m the Treaty. However, if the creditor Clearmg Office so requests, the dispute shall be submitted to the jurisdiction of the courts of the place of domicile of the debtor (that is, an American claim would go to the German courts). (Id., par. 16, p. 361 ; p. 131.) Sums found due by the Mixed Ai-bitral Tribunal or by the court or the tribmial agreed to by the parties shall be recovered through the Clearing Office, as il the sums were debts admitted by the debtor Clear- ing Office. (Id., ])av. 17, p. 361; p. 132.) In case an appeal is taken to the Mixed Tribunal from a decision of the Clearmg Office, the appellant shall make a deposit against the costs. A fee of 5 per cent of the amount in dispute shall be charged m respect ol all cases brought before the Mixed Tribunal and shall miless the tribunal directs otherwise be borne by the iinsuccessful party. "Such fee shall be added to the deposit referred to." (Id., par. 20, p. 363; p. 132.) If the Clearing Offices or the Mixed Arbitral Tribunal hold that the claim does not fall witliin Article 296 (p. 347; j). 127), the creditor may prosecute the claim before the courts or otherwise as he may wish. (Id., par. 23, p. 365; p. 133.) Persons who have suffered injm'ies from acts of war and who admit owing debts shaU not have their debts charged against them until the compensation due to such persons concerned in respect of such injuries has been paid. (Id., par. 14, p. 359; p. 131.) Unless an agreement otherA\ise is reached by the Governments concerned, debts shall carry interest in accordance with rules set out in the Treaty. (Id., par. 22, p. 363; p. 133.) Balances between the Clearing Offices shall be struck montlily and the credit balance paid in cash by the debtor State within a week. (Id., par. 11, p. 359; p. 131.) Statutes oi limitation are suspended from the time of the presentation of the claim to the Clearing Office. (Id., par. 23, p. 365; p. 133.) Each Government defrays the expenses of the Clearing Office set up in its territory, including the salaries of the staff. (Id., par. 15, p. 361; f. 131.) Fines that may be levied (as above provided) are credited by the Clearmg Office collecting them, which is responsible therefor to the other Clearing Office "which shall retain them as a contribution towards the costs of carrying out the present provisions." (Id., par. 10, p. 357; p. 130.) The expenses for postal and telegraphic communication through the intervention of the Clearmg Offices by the debtors and creditors desirous of commg to agreement as to the amount of their debts shall be borne by the parties concerned. (Id., par. 5, p. 355; p. 129.) 42 DATA ON GERMAN PEACE TREATY. Debts shall be paid or credited in the currency of such one of the Allied and Associated Powers, then colonies or protectorates, of the British Dominions, of India, as may be concerned. If the debts are payable in some other currency, they shall be paid or credited in the currency of the country concerned, whether Allied or Asso- ciated Power, colony, protectorate, British Dominion, or India, at the prewar rate of exchange, which the treaty defines. If a contract provides for a fixed late of exchange in the transaction, then the above provisions concern- ing, the rate of exchange shall not apply. (Art. 296 (d), p. 351; v. 128.) •The fore^ing provisions may, however (as to matters provided for in Ai-t. 297), be rendered inapplicable by notice to that effect to Germany on the part of the Allied or Associated Power concerned within six months of the coming into force of the present treaty. (Art. 296 (e), p. 351; f. 12S.) The creditor Clearmg Office pays to the individual creditor the sums due him out of the funds placed at its disposal by its own Government. (Art. 296, Annex, par. 9, p. 357; p. 130.) MEMORANDUM NO. 6. MIXED ABBITBAL TRIBUNAL. [Art. 304, and Annex, pp. 409-415; pp. 149-151.] Within three months of the coming into force of this Treaty, the Mixed Arbitral Tribunal shall be established by each of the Allied and Associated Powers on the one hand and Germany on the other. Each tribunal is to consist of three members, one appointed by Germany, one appointed by the Allied and Associated Powers con- cerned, and the third, who is to be the president of the tribunal, shall be chosen by agreement of the two Govern- ments, or that failing, by the CouncQ of the League of Nations, and untU that is set up, by M. Gustave Ador. The Council of the League and Mr. Ador shall name two other persons who may take the place of the president in case of need, and aU three persons named by either of them must be nationals of powers who were neutral dinging the war. Where the number of cases before a tribunal justifies it, the personnel may be increased, and the tribunal may then sit in divisions. In case vacancies in personnel are not filled by the Governments concerned within one month, the members shall be chosen by the otlier Government from the two persons named as alternates for the presidency. Decisions shall be reached by a majority vote and shall be final. The jurisdiction of the tribunal shall relate to cases coming up to it from the Clearing Offices (provided for in Part X, Section III) ; cases in reference to compensation for damage done to nationals of the Allied or Asso- ciated Powers in Germany and also the adjustment of claims of nationals of new vStates and of States not entitled to share in the reparation payments made by Germany, and to cases arising under Sections V and III of Part X, none of which latter concern the United States because of resei'vations made in the Treaty. Each tribunal determines its own procedure, except as provided in the Annex to Article 304, which estab- lishes the tribunal. Each Government pays the ex])enses of its own representative upon the tribunal and a proportionate part of the joint expenses, including the compensation, etc., of the president. The national courts of each of the parties are required to render aU assistance in their power, particularly as regards transmitting notices and collecting evidence. There are no rules of law laid down by which the tribunals are to be guided, and the procedure is practically unprovided for on all matters pertaining thereto, except that it is stipulated that "The tribunal shall decide all questions and matters submitted upon such evidence and information as may be furnished by the parties con- cerned." The language in which the proceedings shall be conducted shall unless otherwise agreed, be English, French, Italian, or Japanese, as may be determined by the Allied or Associated Power concerned. MEMORANDUM NO. 7. ADDITIONAL CONVENTIONS OB AGBEEMENTS TO BE MADE. 1. A further agreement to be made between France and Germany, dealing with the interests of the inhabitants of territories ceded to Germany in 1871. (Art. 53, p. 93; p. 35.) 2. A special convention to determine the conditions for repayment, in marks, of the exceptional war expenditures advanced during the course of tlie war bv Alsace-Lorraine, or by public bodies in Alsace-Lor- raine. (Art. 58, p. 97; p. 36.) 3. A special convention between France and Germany which shall be submitted to the approval of the Central Rhine Commission to fix the. details particularly as regards financing of the administration of the port of Strasbourg and the port of Kelil. (Art. 65, p. 101; p. 38.) 4. An agreement establishing frontier railway stations, it being stipulated in advance that oji tlie Rhine frontier they shall be situated on the riglit bank. (Art. 67, p. 103; p. 39.) 5. A special convention to determine the conditions and procedure of transferring of funds covering social insurance from tlie German Government to the French Government. (Art. 77, p. Ill; p. ^2.) 6. A special convention between France and Germany, settling all ciuestions not covered by the Treaty, as to competence, procedure, or administration of justice. (Art. 78, p. 113; p. Jfd.) 1^- DATA ON GERMAN PEACE TREATY. 43 7. Further convention between France and Germany covering all questions concerning Alsace-Lorraine, which are not regulated by Section V, and the Annex thereto of Part III, or by the general provisions of the Treaty. (Art. 79, p. 113; p. 4^.) 8. Subsequent agreements to decide questions not decided by the present Treaty whicli may arise in con- sequence of the cession of German territory to the Czecho-SIovak State. (Art. 86, p. 123; p. 46.) 9. A treaty between the Czecho-SIovak State and the Principal Allied and Associated Powers, containing the provisions deemed necessary by the Powers to protect the mhabitants of the Czecho-SIovak State who differ from the majority of the population in race, language, or religion. (Art. 86, p. 123; p. 46.) 10. A treaty between the Czecho-SIovak State and the Principal Allied and Associatecf Powers, containing such provisions as the Powers deem necessary to protect freedom of transit and equitable treatment of the commerce of other nations. (Art. 86, p. 123; p. 46.) 11. A treaty between Poland and the Principal Allied and Associated Powers containing provisions deemed necessary by the Powers to protect the interests of the inhabitants of Poland who differ from the majority of the population in race, language, or religion. (Art. 93, p. 139; p. 52.) 12. A treaty between Poland and the Prmcipal Allied and Associated Powers containing the provisions deemed necessary by the Powers to protect free^lom of transit and equitable treatment of the commerce of other nations. (Art. 93, p. 139; p. 52.) 13. Convention between German}' and Poland (differences to be settled by the Council of the League of Nations) securing to Germany and to l^oland, respectively, full and adequate raih^oad, telegraphic, and telephonic facilities over one another's territories. (Art. 98, p. 147; p. 55.) 14. An agreement between the Principal Allied and Associated Powers of the one part, the Polish Govern- ment of another part, and the Free City of Danzig of a third part, relating to customs, use of waterways, docks, basins, wharves, etc., railway administration, postal, telegraphic, and telephonic communications; to provide against discrimination witlnn the Free City of Danzig to the detriment of citizens of Poland, and other persons of Polish origui or speech; to provide that the foreign affairs of the Free City of Danzig shall be taken care of by the Polish Government. (Art. 104, p. 153; p. 57.) 15. Further agreements to settle all other questions which may arise from the cession of territory made by Germany to the Principal Allies and Associated Powers, in establishing the Free Citv of Danzig. (Art lOS, n \b^;p.68.) . ^ > \ 16. Liternational agreements between the Allied and Associated Powers and the Grand Duchy of Luxem- l)Ourg, fixing their relations. (Art. 40, p. 61; p. 23.) 17. Special agreements regarding the interest on debts (these not necessarily entered mto). (Art. 296, Annex, par. 22, p. 363; p. 133.) 18. Special conventions between the German Government and the Governments concerned covering social and State insurance in ceded territory. (Art. 312, p. 427; p. 156.) 19. General convention drawii up by the Allied and Associated Powers, and approved by the League of Nations, relating to waterways recognized m such convention as having international character. (Art. 338, p. 449; p. 163.) ' 1 20. Regime for the Danube, formulated by a conference of the Powers. (Art. 349, ]>. 457; p. 166.) 21. Revision of the convention of Mannheim. (Art. 354, p. 459; p. /6'6.) 22. A new convention to replace the Berne convention of 1890, covering the transportation of jiassengers, luggage, and goods by rail. (Art. 366, p. 473; p. 171.) 23. General conventions regarding the international regime of transit, waterways, ports, or railwavs, which may be concluded bv the Allied and Associated Powers with the api)roval of the League of Nations. (Art 379, p. 483; p. ^75.) 24. Subsequent agreements covering all matters, not covered bv the present Treaty, relatmg to the occupa- tion of German territory by troops of the Allied and Associated Governments. (Art. 432, p. 521; p. 1S9.) (And see Table, Section VHI, Germany consents beforehand to any other treaties which the Allied or Asso- ciated Powers may make.) MEMOKANDUM NO. 8. CONVENTION OR AGREEMENTS MADE BUT NOT SUBMITTED. 1. The agreement for the division by the Allied and Associated Governments, in determined proportions, of the sums paid by Germany in satisfaction of claims. (Art. 237, p. 253; p. 93.) 2. Convention relative to aerial navigation concluded between the Allied and Associated Powers. (Art. 319, p. 433; /}. 757.) 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