Papers Relating to the Foreign Relations of the United States, The Paris Peace Conference, 1919, Volume VIII

Paris Peace Conf. 180.03501/57

HD–57

Notes of a Meeting of the Heads of Delegations of the Five Great Powers Held in M. Pichon’s Room at the Quai d’Orsay, Paris, on Friday, September 19, 1919, at 11 a.m.

Paris, September 19, 1919, 11 a.m.

• Present
  • America, United States of
    • Hon. F. L. Polk.
  • Secretary
    • Mr. L. Harrison.
  • British Empire
    • Sir Eyre Crowe.
  • Secretary
    • Mr. H. Norman.
  • France
    • M. Pichon.
  • Secretaries
    • M. Berthelot.
    • M. de St. Quentin.
  • Italy
    • M. Scialoja.
  • Secretary
    • M. Barone Russo.
  • Japan
    • M. Matsui.
  • Secretary
    • M. Kawai.

Joint Secretariat
America, United States of	Captain Chapin.
France	Commandant Portier.
Italy	M. Zanchi.
Interpreter—M. Camerlynck

The following were also present for the items in which they were concerned:

• America, United States of
  • Hon. H. Gibson.
  • Mr. A. W. Dulles.
• British Empire
  • General Sackville-West.
  • Colonel Kisch.
• France
  • M. Tardieu.
  • M. Loucheur.
  • M. Cambon.
  • General Le Bond.
• Italy
  • Colonel Castoldi.
  • M. Galli
  • M. Brambilla.

1. Mr. Polk asked whether any news had recently been received from the Military Mission in Hungary.

M. Pichon said that he had received a telegram from sir George Clerk dated September 12–13. (See Appendix A.) Several cypher telegrams had also arrived but had not yet been decoded. In view of this fact he proposed that the question be adjourned until the meeting of the Council on Monday. Situation in Hungary

Mr. Polk said that he was in favor of M. Pichon’s proposal because he had received word from General Bandholtz to the effect that the latter was in process of organizing a police force for Budapest and hoped to conclude the negotiations on that day. Undoubtedly information on this subject would be available by Monday.

(It was decided to adjourn the discussion on this question until Monday, September 22nd.)

2. (At this point M. Tardieu entered the room.)

M. Tardieu stated that, in accordance with the resolution taken by the Council on the previous day,¹ he had received from Messrs. Dulles and Nicolson a paper indicating a line of demarcation of the zones Western Thrace. (See Appendix B.) This note, to which a map had been annexed, he was not able to accept, for he had understood that the region of Gumuldjina was to have been incorporated in the area in question. Occupation of Troops Western Thrace by the Allied Troops

Mr. Polk said that he had no fundamental objection to the eventual attribution of this territory to Greece, but that he could not consent to its occupation at the present time by Greek troops.

(After a short discussion it was decided to delay action on the resolution taken by the Council on September 18th and to further study the question of the occupation of Thrace by the Allied troops at a future meeting of the Council.)

(M. Tardieu then withdrew.)

3. M. Cambon read from and commented upon Report No. 5, transmitted to the Council by the Commission on Polish Affairs, on the subject of the status of Eastern Galicia. (See Appendix C.) Status of Eastern Galicia

Sir Eyre Crowe said that in view of the fact that Poland, within its present boundaries, did not comprise all the territories which it possessed prior to its partition, he believed that it would be preferable to omit the second paragraph of the Preamble, which read as follows: (a) Preamble

“Seeing that Eastern Galicia formed part of the former Kingdom of Poland until the partition of the latter.’

(It was decided to delete the following paragraph from the text of the Preamble to the Treaty:

“Seeing that Eastern Galicia formed part of the former Kingdom of Poland until the partition of the latter.”)

M. Cambon said that the Commission had been unanimous upon the draft of Articles 1 to 11 (inclusive) of the Treaty. Articles 1 to 11, (inclusive)

(It was decided to accept the first eleven articles as drafted by the Polish Commission for insertion in the proposed Treaty, regarding Eastern Galicia.)

M. Cambon read the text of Article 12 as proposed by the Polish Commission, together with the additional paragraph to this article proposed by the British delegation. (c) Article 12

Mr. Polk said that he wished to ask M. Cambon a question regarding this article. In the first phrase the following clause appeared, “The Diet of Eastern Galicia shall legislate on the following matters.” He wanted to know whether, in the opinion of the Commission, this gave the Galician Diet the exclusive power to legislate upon the subjects enumerated in the article in question.

M. Cambon said that such was the intention of the Commission.

M. Pichon added that the Diet would have complete sovereignty for the questions involved.

M. Cambon said that the Commission had been unanimous upon all the paragraphs in question. Nevertheless, the British delegation had asked that the following clause be added to the text: “Agrarian legislation passed by the Polish Diet shall only become applicable to Eastern Galicia if and when it is confirmed by the Eastern Galician Diet.”

He added that agreement had not been reached upon this clause. The American, French, Italian and Japanese delegations had been opposed to inserting it and the British delegation had insisted upon its being put in. The Council was therefore obliged to decide the question.

On July 6th the Polish Diet had passed an agrarian reform law of extreme importance which marked the beginning of the social transformation in Poland. By the provisions of this law the State became the owner of all forests in Poland. The Agrarian organization of the Polish Republic was to be based primarily on the peasants’ farms, the creation of new farms by colonization and the enlarging of those actually in existence. The State was to decide upon the division of the land and in this process was to create large reserves by the following means:

(1) From lands of which it was the owner;

(2) Lands belonging to members of old reigning families or to branches of the latter;

(3) Domains of the Russian Peasants’ Bank and of the Prussian Colonization Commission;

(4) Domains of the Bishoprics, Congregations, Convents, Monasteries or other public institutions;

(5) Domains formerly belonging to congregations, but not yet partitioned;

(6) Lands acquired through speculation and belonging to persons who had been convicted of having participated therein.

The six categories of lands above mentioned were to furnish the basis upon which the distribution should first be made. Thereafter the distribution was to continue by withdrawing land from each large owner. Eight of ownership was to be limited, no one individual to be allowed to possess a farm larger than 180 hectares. In certain regions, however, where the interests of agriculture might make it necessary, this maximum area could be increased to 400 hectares.

He pointed out that these were the principles of reform which had been imposed upon the party of the Right, which represented the large landed proprietors. The latter did not appear to have accepted their defeat and were already preparing to contest viciously the passage of each of the organic laws necessary to effectuate this scheme. He added, for the information of the Council, that the above law had only received a majority of two votes.

It appeared that the above provisions, which were very broad and diametrically opposed to the ideas regarding private property which had been held up to the present time, were not considered liberal enough by the majority of the Galicians. However, that may be, the question is to know whether these provisions can be applied “hic et nunc” to Galicia by the Polish administration or, whether, at the time a Diet shall be constituted in Galicia, the latter should give its opinion upon the application of this legislation or itself enact a special law. The British delegation Relieved that it was necessary for the Galician Diet to be called upon to give its opinion. The other delegations thought that this Agrarian law gave sufficiently favorable terms and adequately upheld the rights of private property owners vis-a-vis to [sic] the peasant class.

Sir Eyre Crowe said that the question was in reality a larger one than the mere enforcement of a particular law, the merits of which he did not wish to pass upon at the present time.

The main idea which had guided the Council in all its discussions on the autonomy of Eastern Galicia had been that a people was being dealt with who had retained marked sympathy for certain of its neighbors, more particularly Russia. It had always been the desire of the Council to look to the future with the possibility that this people might wish to ally itself with a regenerated Russia or any Ukrainian state which might be formed. It had been desired to allow the separation to be made from Poland, if such state of affairs became possible, and consequently the autonomy of the country was preferable to a mandate over it entrusted to the Poles. He thought that a line should be drawn between those matters on which uniformity of legislation could be obtained without difficulty and issues on which the people of Eastern Galicia should be permitted to legislate alone. Uniformity on agrarian questions was difficult to attain. No obstacle should be placed in the way of an ultimate union of Eastern Galicia with Russia, and it therefore should not be made impossible for this province to separate itself from Poland. He did not wish to argue in favor of such a separation, but believed that the door should be left open for a move in the direction of Russia. By so doing the Powers would give Galicia a free hand and would avoid creating difficulties, of which agrarian legislation might well be one.

He pointed out that the Council might be guided by England’s experience in relation to Ireland, in which country agrarian questions had always been the most difficult of solution. England had never imposed its agrarian legislation on Ireland and was thankful that the same had not been done, England could never be charged with having forced its own system of laws on the Irish. The United States furnished another example of a country for whose well being uniformity of laws was not necessary.

He did not wish to criticize the law in question, but pointed out that no guarantee existed against its repeal. The Poles might be tempted to enact legislative measures hostile to the interests of the Galician people, and it was for that reason that he believed all laws of an agrarian nature should be submitted to the approval of the Galician Diet. The most simple method to obtain this result would be to add agrarian questions to the list of matters within the jurisdiction of the Diet of Eastern Galicia, which are set out in Article 12. Great danger would be run through the imposition of legislation purely Polish in character because many of the large property holdings in Galicia were actually in the hands of Poles and the temptation to impose a system favorable to their interests would be very great.

M. Cambon said that he would like to refer to Article 16 for discussion with Article 12, for the two stood together and a decision of the Council on one would have its effect on the other. He then read the two texts proposed for Article 16 and pointed out that this Article in substance brought up the question as to whether or not Eastern Galicia was to be allowed representation in the Diet of Warsaw.

He was fundamentally opposed to the British proposal for the reason that, whether it was desirable or not, the fact that the government of the Galician state was entrusted to Poland placed in the hands of the Polish Government representation of Eastern Galicia abroad. All questions of general administration would be settled at Warsaw. It was therefore necessary that Eastern Galicia be permitted to take part in all questions of high policy in the Polish Diet. The Diet of Galicia could deal with the other matters as indicated in Article 12. It was therefore necessary not to state in the decision that representation of Galicia with Poland should be disregarded.

With reference to the agrarian legislation, he pointed out that this question was bound up with the decision which would be taken on Article 16, for if the Council granted Galicia representation in the Polish Diet her representatives in this body could make themselves heard to good effect.

Mr. Scialoja said that, although the Italian representative on the Polish Commission had supported the majority opinion, he thought it would be well to make a slight change. He did not favor the addition proposed by the British delegation however, but inclined to the second proposal made by Sir Eyre Crowe, namely, to insert agrarian legislation in the list of matters included in Article 12. If such a change were not made Eastern Galicia might be deprived of all rights of enactment of agrarian laws, should she refuse to accept the legislation of the Polish Diet. According to M. Cambon’s statements, it was probable that the Galicians would go further in the matter than the Poles had already done. This meant that they were not satisfied with matters as they stood and it would therefore do them an injury to crystalize the present situation and prevent them from improving it.

Sir Eyre Crowe said that he agreed with M. Cambon in believing that Articles 12 and 16 were closely allied. All the points raised by the British delegation were intimately connected one with another, and the same arguments as had been brought forward for agrarian questions prevailed in regard to compulsory military service. He wished, however, to further discuss the representation in the Polish Diet. Assuming that this representation existed, the danger might arise that certain Polish members of the Diet would wish to impose on the Galicians an agrarian scheme favorable to Polish interests. The Galician representatives, being in a minority, could not effectively block the measure. In cases where matters of general interest arose it was probable that Galicians and Poles might vote on the same side, but in cases of special legislation the Galician minority would be absolutely powerless. If this argument were true, the Commission was correct in saying that the question of representation had a direct bearing on Article 12. He further wished to call attention to the meaning of Article 13, and the right of temporary veto accorded to the Governor therein. This article provided sufficient guarantees to prevent the legislation of the Galician Diet affecting Poland adversely.

M. Pichon asked whether Mr. Paderewski had not stated that Poland could not accept the Treaty under these conditions.

General Le Rond said that the Sub-Commission had heard the Polish delegation on the subject four times. In the first place, Mr. Paderewski, later Mr. Dmowski, and later Mr. Dabsky, the author of the Polish agrarian law had appeared before it. Mr. Daiko, representing the Ruthenians, had also appeared before the Commission. This body was therefore entirely alive to all the difficulties which Sir Eyre Crowe had brought up and to all the arguments in answer thereto.

The Agrarian reform was based on a general banking scheme which was to be uniform throughout the country. It appeared difficult to organize a similar system within a country so limited as Galicia, and of such a small population. The reform was also based upon a system of local committees, giving guarantees to the people analogous to those existing in Posnania and other provinces. The points raised by the British delegation were irreconcilable with the solutions proposed by the majority. The representatives of the Polish Government had stated that they could not accept a Treaty in which their government would be deprived of the right to dictate agrarian reform.

Sir Eyre Crowe replied that there was much to be said for the arguments presented by General Le Bond, but he did not believe that they went to the root of the matter. He was fully alive to the difficulties from a practical point of view which would result from allowing Galicia to legislate independently, in the event that she should exercise her rights in a manner which did not meet with the approval of the Polish Diet. He believed that the people themselves would be competent to avoid all complications of this nature and they might even declare themselves favorable to uniformity of legislation. It did not devolve upon the Council, however, to force them to such uniformity. Furthermore, Galicia was not such a small country as General Le Bond had given the impression, for it contained practically four and one-half million inhabitants. There would, consequently, be no insurmountable difficulties in establishing an agrarian system for this country even though certain complications might arise from the banking point of view. The argument put forward by General Le Bond did not therefore seem to him of sufficient weight to overthrow his proposal of granting the Galicians a voice in the legislation.

Mr. Polk said that he was greatly influenced by the arguments put forward by Sir Eyre Crowe. He wished to submit a proposal which had just been made by Mr. Gibson, which might help the situation to a certain degree. This would consist in adding the following clause to the addition proposed by the British delegation: “In case of a rejection of the Polish law by the Galician Diet, the latter will have the right to legislate on this question.” This solution would have the advantage of permitting the Galician Diet to adopt the Polish legislation should this body so desire.

M. Cambon pointed out that it was perhaps unwise to anticipate a refusal and base the Galician right of legislation upon this. He suggested that it would be sufficient to provide: “The Galician Diet shall give its opinion on the possibility of applying Polish law.” In this way the body would of necessity be consulted.

Sir Eyre Crowe said that Mr. Cambon’s proposal appeared rather vague and would open the way to misunderstandings, while clearness in the matter was greatly to be desired. The danger might be that the Poles could say that they had asked the opinion of the Galician Diet, that the latter had not agreed, and nevertheless it made no difference to them.

M. Pichon suggested that the agrarian laws might be settled by agreement between the two Diets.

Sir Eyre Crowe pointed out that the fact remained that Article 13 gave the Polish Governor an absolute right of veto.

Mr. Polk said that he approved the second British solution, namely, the insertion of agrarian questions in Article 12. The difficulty could be covered by adding that, if the Galician Diet had not legislated on the matter within a given period, the Polish law would apply.

Mr. Scialoja said that it might be also added to the laws of Article 13, which are subject to an absolute veto of the Governor.

M. Cambon drew the attention of the Council to the fact that the agrarian law might lead to disturbances within the country, and that the Polish Government might charge the Allies with turning over to them the administration of a country without granting them the means of handling disturbances which might arise through the application of agrarian laws. The majority of large estates in Galicia were in the hands of the Poles. These estates were to be partitioned in favor of Ruthenes. This was a fruitful source of conflicts between different interests and of dangers which might easily lead to a revolution. He thought, therefore, that the Polish Government should be left the means of exercising its authority. Too much importance should not be given to these details, however, as the system which was being inaugurated was only temporary.

M. Pichon said that he had a proposal which he believed would settle the matter. This was to adopt the proposition presented by Sir Eyre Crowe, and add the following paragraph thereto:

“In case of persistent dispute between the two Diets, the question will be brought before the Council of the League of Nations.”

Sir Eyre Crowe said that this proposal would, in effect, permit the League of Nations to enact the agrarian laws.

M. Pichon said that the Covenant of the League contemplated arbitration as one of the essential roles of that body.

Sir Eyre Crowe said that the League of Nations would therefore be called upon to decide between two bodies of law. To bring this about it was necessary that the Galician Diet should be given a legislative power by the Treaty.

After a short discussion, it was decided:

(1) that legislation on agrarian questions should be included within mthe competence of the Galician Diet, and inserted in Article 12 of the proposed Treaty;

(2) that agrarian legislation should be included among the laws over which the Polish Governor has the right of veto (Article 13), but that if the Governor’s veto be maintained for more than one year the question should be automatically brought before the Council of the League of Nations for decision.

It was further decided that the above resolution should be referred to the Commission on Polish Affairs for insertion of its provisions in the Treaty.

These two articles were accepted without change. (d) Article 14 and 16

M. Cambon read and commented upon Article 16. He said that the organization provided for therein, which was to protect the rights of Galicia, would lack a proper foundation if Galicia were not represented in the body of the Polish Diet. It should be understood that the Galician representative would take no part in the matters which were exclusively Polish. (e) Article 16

Sir Eyre Crowe said that he recognized the weight of the arguments put forward by M. Cambon, but that he did not wish to express an opinion as to the root of the matter. He wished particularly to remark that the question had been the object of much academic discussion up to the present time, and that the idea involved had rarely been applied from a practical point of view. Under the former German Constitution Bavaria was granted special rights, but in practice it had been found impossible to prevent the Bavarian representatives from taking part in the body of the Reichstag, in the discussion of matters which were entirely foreign to the special interests of Bavaria. The question of knowing whether States with partial autonomy could obtain representation in a larger Parliament was one of the most contentious which could be found, and had given rise to much discussion and often contradictory conclusions on the part of men of high intelligence in all countries of the world. Mr. Balfour, who had special experience of Government in Ireland, had more than once called attention to the grave difficulty of finding a satisfactory solution of this question. Several bills proposed on the Home Rule question had broken down precisely on the point of the Irish representation in the British Parliament. It was, therefore, very natural that his Government should feel a certain hesitancy in imposing a fixed and definite scheme on another people in a matter which is so much a matter of controversy. The British Delegation felt that a solution along the lines proposed by Mr. Cambon might perhaps be reached. He did not wish to criticise it, nor to exclude the possibility of its eventual adoption, but he did not wish to force it at the outset on the people concerned. It was within the province of these people to decide the question in the last analysis.

Mr. Polk said that the British proposal contemplated the intervention of the League of Nations if desired by “both parties”. He wished to suggest for consideration of the Council, a substitution of the words “either party” for the words “both parties”. He wished also to propose for the consideration of the Council that Galicia be granted two or more representatives in the Polish Diet, until such time as a definite decision in the matter might be arrived at. These representatives might have a consultative voice, with the right to take part in the discussion of matters concerning Eastern Galicia but would not be accorded a vote. Representation of this kind would be similar to that enjoyed by the Territories in the United States, as distinguished from the active and voting representation of the States. This proposal was a temporary measure solely and he thought the Council might deliberate profitably thereon.

The discussion of Article 16 was then adjourned.

(At this point M. Loucheur entered the room.)

4. M. Pichon said that a letter had been received from the Austrian Delegation with regard to the shortage of coal in Austria. (See Appendix “D”.)

M. Loucheur said that he wished to inform the Council at once that he had not waited for the ratification of the Treaty before giving orders to increase the coal supply in Austria as soon as possible. He had personally given orders in this matter but he could not guarantee that he would be completely successful, for the shortage of coal in Central Europe was so great that the industries of Czecho-Slovakia were likewise threatened. He suggested that he might draft a letter to the Austrian Delegation informing them of the steps which have been taken. Coal supply of Austria

It was decided that M. Loucheur should submit to the Council a draft letter to the Austrian Delegation, informing the latter of the steps which have been taken to offset as far as possible the coal shortage existing in Austria.

(M. Loucheur then left the room.)

5. Mr. Polk said that he was not ready to discuss this matter because there were certain differences of opinion existing thereon among the military representatives.

(It was decided to adjourn the discussion of this question until Monday, September 22.) Allowances for Officers of the Commissions of Control

The Meeting then adjourned.

Hotel de Crillon, Paris, September 19, 1919.

Appendix A to HD–57

September 12, 1919.

Telegrams From Sir George Clerk Transmitted Through the French Minister at Bucharest

On account of the delay incident to the formation of the new Cabinet I have on this day presented the note² of the Conference to M. Bratiano.

September 13, 1919.

The note was presented yesterday to M. Bratiano. M. Bratiano informed me today that he had decided not to publish the text of the note fearing that, because of public sentiment, this publication rendered it more difficult to reach a complete accord with the Entente, which he is extremely anxious to attain.

I therefore request that steps be taken to prohibit publication in Paris or elsewhere.

I am transmitting by special report the result of my interviews, but the Rumanian Government declares that its only wish is to work in complete agreement with the Supreme Council on the Hungarian question.

Appendix B to HD–57

Note From British and American Experts

Occupation of Western Thrace by Allied Troops

The American and British Delegates to the Central Territorial Commission having been asked by their French and Italian colleagues to arrive at an agreement regarding the line of demarkation of the zones of Western Thrace, which may be occupied respectively by the Greek army and the other Allied Contingents, have agreed on the following:

“A line (such as indicated on the map hereto annexed)³ starting from point 1900 on Kartal Dagh and running toward the South to a point where the Aksu river enters the Aegean Sea (see the British map, scale 1:1,000,000).

The detachments of Grecian soldiers should occupy no territory to the East of this line.

It is understood that this temporary fixing of the zones of military occupation for the Greek and Allied troops shall in no wise prejudice the decisions which may be eventually taken concerning the future Eastern frontier of Greece in this region.”

• Dulles
• Nicolson

September 18, 1919.

Appendix C to HD–57

Report No. 5, Presented to the Supreme Council of the Allies by the Polish Commission

Constitution of Eastern Galicia

Instructions, Enumeration of Meetings and Division of the Report

At its sitting of the 25th June, 1919,⁴ the Council of Foreign Ministers discussed the question of the future of Eastern Galicia, and adopted the following resolutions:—

1. That the Polish Government be authorised to occupy with its military forces Eastern Galicia up to the River Zbrucz.

2. That the Polish Government be authorised to utilise any of its military forces, including General Haller’s army, in such occupation.

3. That the Polish Government be authorised to establish a civil Government in Eastern Galicia under an agreement with the Principal Allied and Associated Powers, which shall be conditioned to preserve as far as possible the autonomy of the territory and the political, religious, and personal liberties of the inhabitants.

4. That the agreement shall be predicated upon the ultimate self-determination of the inhabitants of Eastern Galicia as to their political allegiance, the time for the exercise of such choice to be hereafter fixed by the Principal Allied and Associated Powers, or by a body to whom they may delegate that power.

5. That the drafting of the agreement be referred to the Polish Commission, subject to revision by the Drafting Committee.

6. That the Polish Government be forthwith advised of the foregoing decisions, and of the propriety of acting immediately upon Articles 1 and 2.

7. That the military representatives of the Principal Allied and Associated Powers in Poland be advised of those Articles of agreement.

In conformity with paragraph 5 of this resolution, the Polish Commission discussed the question of the Constitution of Eastern Galicia at its meeting of the 30th June, and decided to entrust it for preliminary study to a sub-commission composed of:—

General Le Rond (Chairman)	France.
Dr. R. H. Lord	United States of America.
Mr. F. B. Bourdillon	British Empire.
Marquis dell a Torretta	Italy.
Mr. Otchiai	Japan.

This Sub-Commission held twenty-six meetings from the 30th June to the 18th August.

It heard the Polish Delegation four times. It further invited, on two occasions, the Galician members of the Ukrainian Mission to Paris to lay before it the wishes of the Galician Ruthenians. Not considering themselves empowered to recognise the principle of the resolution of the Council of Foreign Ministers of the 25th June, these representatives declined the invitation of the Commission. Finally, the Commission heard the representatives of the National Council of the Jews of Galicia, and those of the Carpatho-Russian Party.

At its meeting of the 20th August the Commission examined the report of the Sub-Commission. At another meeting held on the 23rd August the Commission heard the declaration made by Messrs. Paneyko and Tomashivsky in their personal capacity concerning the conditions under which a provisional attachment of Eastern Galicia to Poland would be acceptable to the Ruthenians of Galicia. The Commission finally adopted the Sub-Commission’s report with certain modifications.

The Draft Treaty between the Principal Allied and Associated Powers and Poland has, moreover, been submitted in conformity with paragraph 5 of the above Resolution of the Council of Foreign Ministers to the Drafting Committee, which has approved it after making certain verbal alterations.

The Commission has the honour to submit to the Supreme Council of the Allies the following report, which falls into three divisions:—

The first explains the general principles on which the Commission have based the Draft Treaty.

The second contains the text of the Draft Treaty, together with a proposal in regard to the final settlement.

The third division contains the arguments urged by the Majority in support of the text proposed by them in regard to the articles of the Treaty as to which unanimity was not reached, together with the considerations urged in favour of the text proposed by the Minority.

As regards the second division, the instructions of the Commission do not empower it to include in the Treaty a clause regarding the final settlement. The Commission felt it to be its duty, however, to propose that a clause should be inserted in the Treaty fixing the time at which the Powers should decide on the date and conditions of the plebiscite. The Commission was confirmed in this opinion by the declaration of the representatives of the Ruthenian party of Eastern Galicia, who urged that such a provision was essential in order that the régime established by the Treaty might be accepted peacefully by the Ruthenian population. The Commission therefore draws the attention of the Supreme Council to the proposal added at the end of the Draft Treaty.

I.—General Principles

In elaborating the project for the organisation of Eastern Galicia which is here submitted, on the basis of the instructions given to it, the Commission has been guided by the following principles:—

(a.) That the authority which the Polish Government is to exercise in Eastern Galicia during the period of the provisional régime ought to be strong enough to enable it to maintain order and tranquillity in this distracted and turbulent country; to carry through the great work of economic reconstruction, of which Eastern Galicia so much stands in need and to exercise a certain check upon the possible excesses of autonomous local bodies elected by a population very insufficiently prepared for complete self-government.

Hence, for instance, the rather wide powers assigned to the Governor of Eastern Galicia, notably the veto accorded to him with respect to Legislation passed by the Diet.

(b.) That the inhabitants of Eastern Galicia ought to receive all guarantees for their civic, national, and religious rights, for all those special interests which differentiate them from the people of Poland.

The Commission believes that this need is largely met by:—

Article V (according all liberties granted to citizens of the Polish State, especially complete religious liberty);

Article VI (guarantees for freedom of speech, of the press, of public meeting, and association);

Article VII (complete equality of Polish and Ruthenian languages and provision as to schools);

Article VIII (extending to Eastern Galicia all the guarantees for minorities contained in the Separate Treaty with Poland of the 28th June);⁵

Article IX (guarantees against systematic colonisation of the territory from without).

(c.) That the inhabitants of Eastern Galicia ought to receive a wide measure of autonomy.

In accordance with this principle, the project submitted by the Commission provides for:—

An East Galician Diet with wider competence than that of the Galician Diet under the Austrian regime (Articles X–XV).

A cabinet of ministers responsible to this Diet (Articles XXII–XXIII).

A special judiciary with a Supreme Court at Lemberg (Articles XXVII–XXIX).

(d.) That in defining the limits of the autonomy of Eastern Galicia, due consideration must be given to the fact that:—

1. In the case of this relatively small territory, and in view of the comparatively short time that the provisional régime is to last, it does not seem wise or practical to set up in Eastern Galicia all the machinery of a completely separate State;

2. That many governmental matters, which involve broad general interests and require much technical knowledge and political experience, can better be handled by the Government and Parliament at Warsaw than by the Diet of Lemberg.

3. That Poland ought to be placed in a position to discharge the responsibilities which she has undertaken with regard to Eastern Galicia.

These considerations have led the Commission to recommend that such matters as representation abroad, the customs, railway, post and telegraph system, and, in general, all affairs not expressly reserved to the East Galician Diet, should be treated as common to Eastern Galicia and Poland, and should be assigned to the legislative sphere of the Diet of Warsaw, in which Eastern Galicia would be in a position to assert its rights.

[II.]—Treaty Relating to Eastern Galicia

The United States of America, the British Empire, France, Italy and Japan, the Principal Allied and Associated Powers, and Poland;

Being desirous of putting an end to the unhappy conflict which has long devastated Eastern Galicia, and of establishing in that country a regime which shall assure as far as possible the autonomy of the territory and safeguard the personal, political and religious liberty of its inhabitants until the time when they are called upon by a plebiscite, which is for the present postponed by reason of the disturbed condition of Eastern Europe, to declare their wishes with regard to the final political status of the territory;

Seeing that Eastern Galicia formed part of the former Kingdom of Poland until the partition of the latter;

And that Poland is now, in the opinion of the Allied and Associated Powers, the State best able to re-establish free and well-ordered government in Eastern Galicia;

And desiring to conclude a Treaty to that end;

Have appointed as their Plenipotentiaries the following, viz:

Who having communicated their full powers found in good and due form have agreed as follows:

Chapter I.—Status of Eastern Galicia

article 1

The Principal Allied and Associated Powers transfer to Poland, subject to the conditions set out in the present Treaty, particularly in Article 2, all rights and title devolving on them from Austria in conformity with Article 90 of the Treaty of Peace signed on over the part hereinafter defined of the former Austrian “Kronlander” of Galicia and Bukovina:

(A.) On the West:

From the point where the old frontier between Austria-Hungary and Russia is met by the eastern administrative boundary of the commune of Belzec south-westwards,

this communal boundary;

then southwards the administrative boundary between the districts (Politische Bezirke) of Cieszanow on the west and Rawa-Ruska on the east;

then south-westwards the administrative boundary between the districts of Cieszanow and Jaworow, but cutting off the salient formed round the village of Lipowiec by a line to be fixed on the ground passing about 2 kilometres north of this place;

then southwards the administrative boundary between the districts of Jaroslau and Przemysl on the west and of Jaworow, Mosciska, Sambor and Stary Sambor successively on the east;

then southwards to the salient about 1 kilometre southeast of point 519 (Badycz);

the administrative boundary between the districts of Dobromil and Stary Sambor;

thence south-westwards to the salient made by this administrative boundary about 15 kilometres south-west of Chyrow and about 2 kilometres south-east of point 733.

a line to be fixed on the ground cutting the Chyrow-Sambor railway about 2 kilometres east of Chyrow, then following the watershed between the basins of the Strwiaz and the Dniester:

thence southwards to its junction with the frontier of Czechoslovakia, about 2 kilometres south of point 1335 (Kalicz),

the administrative boundary between the districts of Dobromil and Liska on the west and of Stary Sambor and Turka on the east. The frontier, however, will diverge from this administrative boundary in the two following places, where it will be determined on the ground:

(a.) where the administrative boundary passes west of the Chyrow-Lutowiska road, so as to leave this road entirely in Polish territory;

(b.) in the neighbourhood of Bobrka, so as to leave this place in Polish territory.

(B.) On the South-West:

From the point defined above to its junction with the boundary of the Bukovina, the old frontier between Galicia and Hungary.

Point 1655 which is the point of the Carpathians common to the basins of the three rivers Tisza, Visso and Czeremosz, is the point of junction of the three frontiers of Eastern Galicia, the Buthenian territory of the Czecho-Slovak State and Roumania.

(C.) On the South-East:

From the point defined above north-eastwards to its junction with the administrative boundary between the districts of Horodenka and Sniatyn, about 11 kilometres south-east of Horodenka,

the old boundary between the Bukovina and Galicia;

thence north-eastwards to a point to be chosen in the course of the Dniester about 2 kilometres below Zaleszczyki.

a line to be fixed on the ground passing through points 239, 312 and 317;

thence to the point where the old frontier between Austria-Hungary and Russia leaves the Dniester in a northerly direction, about 3 kilometres west of Jvanets,

the principal channel of the Dniester downstream.

(D.)—On the East and North:

From the point in the Dniester defined above to the point where it meets the eastern administrative boundary of the commune of Belzec;

the old frontier between Austria-Hungary and Russia.

A Commission composed of six members, five nominated by the Principal Allied and Associated Powers and one by Poland, will be appointed fifteen days after the coming into force of the present Treaty to trace on the spot the boundaries described above, in so far as provision therefor may not already have been made by other means. The decisions of this Commission will be taken by a majority, it being understood that in the event of an equality of votes the Chairman will be entitled to a second vote; its decisions shall be binding on the parties concerned.

The expenses of the Commission shall be borne by the revenues of Eastern Galicia.

article 2

Poland undertakes to organise Eastern Galicia, which shall constitute an autonomous territory, within the boundaries fixed in Article 1.

Poland further undertakes to hold or allow to be held a plebiscite of the inhabitants with regard to the final political status of the territory, on a date and under conditions to be fixed by the Principal Allied and Associated Powers, or by any other body which they may appoint. She recognises in advance the limits and status which, as the result of this plebiscite, may be definitively determined by the Principal Allied and Associated Powers, or by the body appointed by them.

article 3

During the régime established by the present Treaty, the treaties and agreements concluded or to be concluded by Poland shall take effect in Eastern Galicia unless it is otherwise stipulated.

article 4

The interests of nationals of Eastern Galicia in foreign countries shall be protected by the diplomatic and consular agents of Poland.

article 5

All liberties in private and public matters, all political rights, and all rights reserved to minorities, which are assured in Poland by the Polish laws, shall be assured in Eastern Galicia. In particular, the most complete religious freedom shall be guaranteed. The Orthodox Greek Catholic Church shall enjoy the same rights as the Roman Catholic Church.

article 6

Poland undertakes that the laws applicable in Eastern Galicia regarding freedom of public meeting, association, speech, and the press shall take into account the special status of the territory, and shall ensure to the inhabitants the most complete liberty compatible with the maintenance of order and with the observance of the provisions of the present Treaty.

article 7

Polish and Ruthenian shall be recognised, on the same footing, as the official languages of Eastern Galicia, and shall enjoy the same rights.

Without prejudice to the guarantees assured to minorities by Article 8, each commune or municipality shall have the right to decide whether the Polish language or the Ruthenian language or both shall be taught in the primary public educational establishments.

Legislation on the subject of public instruction in secondary and higher educational establishments shall be within the competence of the Diet of Eastern Galicia provided for in Article 10, subject to the provisions of Article 13.

In the allocation of public funds to the three grades of education, instruction given in Polish and instruction given in Ruthenian shall each receive its fair share.

article 8

The provisions of the Treaty concluded on June 28. 1919, between the High Contracting Parties are hereby applied to Eastern Galicia, and shall be interpreted as follows: (1) The obligations imposed on the Polish Government by that Treaty shall be equally binding on the authorities of Eastern Galicia, within the measure of their competence; (2) the guarantees provided by that Treaty in favour of racial minorities, on the implicit assumption that the majority is Polish, shall apply equally in the event of the majority proving to be Buthenian.

article 9

There shall be no systematic introduction into Eastern Galicia of colonists from outside.

Chapter II.—Diet of Eastern Galicia

article 10

There shall be in Eastern Galicia a Diet composed of a single Chamber elected by universal secret suffrage with proportional representation. The right of voting shall belong to both sexes without distinction.

A general election shall take place every five years. In the event of the dissolution of the Diet, a general election shall take place within a period of three months after such dissolution.

The Polish electoral laws shall apply to the elections to the Diet of Eastern Galicia, subject to the above provisions.

article 11

The Diet shall be convened by the Governor provided for in Article 19, who may also adjourn it, close the session or dissolve the Diet. The Diet shall hold two ordinary sessions in every year.

article 12

The Diet of Eastern Galicia shall legislate on the following matters:—

(1.) Exercise of public worship;

(2.) Public education;

(3.) Public relief;

(4.) Public health;

(5.) Provincial, district and local roads, and railways serving local interests;

(6.) Encouragement of agriculture, trade and industry, including measures for facilitating credit, purchase or sale, for developing the employment of new technical processes, and for assisting research and experiments;

(7.) Application of the general laws on the subject of control of water for irrigation or power purposes;

(8.) Application of the general laws on the subject of the organisation and administration of municipalities and districts;

(9.) Taxes to be collected for the local budget of Eastern Galicia.

(10.) All other matters with which the Diet of Poland shall have given it authority to deal.

Each year the Diet of Eastern Galicia shall vote, on the proposition of the Governor, the budget on matters within its competence.

Additional clause proposed by minority.

Agrarian legislation passed by the Polish Diet shall only become applicable to East Galicia if and when it is confirmed by the East Galician Diet.

article 13

Laws passed by the Diet shall be transmitted to the Governor by the President of the Diet. Any such law may, within one month from such transmission, be vetoed by the Governor acting on his own proper authority. This right of veto shall be overridden if, within a period of one year from the date at which it was exercised, the law is again passed by the Diet by a majority of two-thirds. In legislation concerning public secondary and higher education the Governor’s right to veto shall, however, be absolute.

article 14

No member of the Diet may be prosecuted or proceeded against in any way by reason of speeches, opinions or votes made, expressed or given in the Diet or on its Commissions.

During a session no member of the Diet may be arrested or prosecuted before the criminal courts without the authority of the Diet, except in the case of persons taken in flagrante delicto. The detention or prosecution of a member of the Diet shall be suspended during the whole of the session, should the Diet so require.

article 15

The Diet shall draw up its own rules of procedure. It shall elect its President and other officers.

The Supreme Court of Lemberg referred to in Article 27 shall decide all questions raised as to the validity of elections to the Diet.

Chapter III.—Representation of Eastern Galicia in the Polish Diet and Administration

article 16

The electors of Eastern Galicia shall participate in the elections to the Polish Diet. With this object, the Polish laws with regard to the election to that Diet shall be extended to Eastern Galicia, subject to the reservation that proportional representation must be maintained in that territory.

The deputies elected in Eastern Galicia shall not take part in the deliberations of the Polish Diet on legislative matters of the same nature as those within the competence of the Diet of Eastern Galicia.

Alternative Article proposed by minority.

article 16

A subsequent agreement between the Polish Government and the Ministry of Eastern Galicia, made with the collaboration of the League of Nations if desired by both parties, shall decide the question whether and by what means Eastern Galicia shall be represented in the Polish Diet. This agreement shall be subject to the approval of the Polish and Eastern Galician Diets.

article 17

The Polish Diet shall have the right to legislate for Eastern Galicia on all matters not within the competence of the Diet of Eastern Galicia.

article 18

The Polish Council of Ministers shall include a Minister without portfolio appointed by the Head of the Polish State from among the inhabitants of Eastern Galicia, This Minister shall represent Eastern Galicia.

Special bureaux for the affairs of Eastern Galicia shall be organised in each Polish Ministry dealing with such affairs.

A high Ruthenian official shall be attached to the Polish Council of Ministers to act as adviser to the Council in matters particularly concerning Ruthenians and in the affairs of the Orthodox Greek Catholic Church.

Chapter IV.—Administration of Eastern Galicia

article 19

The executive power in Eastern Galicia shall be entrusted to a Governor, who shall be appointed by the Head of the Polish State, by whom he may also be relieved of his functions.

article 20

The Governor shall be responsible for the maintenance of order and public safety; he shall ensure the execution of the laws voted by the Polish Diet and the Diet of Eastern Galicia.

article 21

Subject to the right of veto provided in Article 13, the Governor shall promulgate the laws voted by the Diet of Eastern Galicia within a month from the time when they shall have been transmitted to him by the President of that Assembly.

article 22

The matters within the competence of the Diet of Eastern Galicia shall be under the direction of Ministers appointed by the Governor and responsible to the Diet. The Diet shall determine the number, duties, and salaries of such Ministers.

article 23

Matters not within the competence of the Diet of Eastern Galicia shall be under the direction in Eastern Galicia of Heads of Departments placed under the control of the Governor.

article 24

The acts of the Governor as regards the matters referred to in Article 12 shall require the countersignature of a responsible Minister, except in the exercise of the right of veto.

article 25

The Governor shall appoint public officials. Polish or Galician laws, as the case may be, may, however, prescribe another method of appointment as regards subordinate officers. They may also determine the conditions required for appointment to any particular office.

The officers in the services dealing with matters referred to in Article 12 shall be appointed on the nomination of the responsible Minister.

article 26

Eligibility for public offices shall not in principle be subject, either de jureor de facto, to any conditions in respect of race, religion or language.

Officials shall, subject to any necessary exceptions, be recruited in Eastern Galicia. Regulations issued by the Governor on the proposal of the Head of the department concerned, or of the responsible Minister, as the case may be, may prescribe that certain classes of official positions shall be reserved exclusively for natives of Eastern Galicia or persons fulfilling the conditions laid down by these regulations.

In making choice of officials from among candidates with equal qualifications, the numerical importance of the different national groups shall be taken into account.

Chapter V.—Judicial System of Eastern Galicia

article 27

The Court of Lemberg will constitute a Supreme Court for the entire territory of Eastern Galicia.

article 28

The judges of Eastern Galicia, with the exception of those for whom an elective system may be adopted, shall be appointed by the head of the Polish State on the nomination of the Governor.

The judges shall be irremovable; they shall only be deprived of office on a decision to that effect by the Court of Lemberg acting as the supreme disciplinary Council of the magistracy.

article 29

Punishment imposed by the Eastern Galician courts shall be executed in Eastern Galicia.

article 30

The Head of the Polish State shall have the right of pardon in respect of persons convicted by the courts of Eastern Galicia.

Chapter VI.—Financial Regime of Eastern Galicia

article 31

The financial régime for Eastern Galicia shall be determined by a Polish law in conformity with the provisions of the present Treaty.

article 32

Property situated in Eastern Galicia formerly belonging to the Austrian Government, to the “Kronland” of Galicia, or to the Austrian Crown, as well as private property in this territory of the former Royal Family of Austria-Hungary, is, subject to the conditions laid down in Article 204 of the Treaty of Peace between the High Contracting Parties and Austria, transferred to Poland, who shall provide for the administration of such property.

article 33

Property at present appropriated to public services shall continue to be so appropriated. It shall not cease to be so appropriated except in accordance with legal procedure and on the recommendation of the authority charged with the administration of such services.

During the temporary régime established by the present Treaty, the property referred to in Article 32 may not be alienated nor subjected to charges the effect of which would outlast the duration of the said regime; leases outlasting the régime shall in any case cease to have effect three years after the establishment of the final status referred to in Article 2 if they have not been expressly confirmed during this period. The above provisions are, however, not to be taken as preventing the employment of the aforesaid property for purposes of agrarian reform or of works recognised as being of public utility.

The provisions of this Chapter in no way prejudge the allocation of the said property to be made by the Principal Allied and Associated Powers in the event of Eastern Galicia being in whole or in part separated from Poland.

article 34

Additions to domanial property or property appropriated to the public services shall be administered in accordance with the provisions of Articles 32 and 33; they shall be the subject of a special account to be adjusted on the final determination of the status of Eastern Galicia.

article 35

In the event of Eastern Galicia bearing the expense of any services of which in Poland the expense is borne by the State, Polish legislation shall fix the corresponding proportion of the proceeds of the general taxes raised in Eastern Galicia which shall be transferred to the budget of Eastern Galicia.

article 36

The budget of Eastern Galicia shall comprise:

(1) As regards expenditure,

the expenditure connected with the matters referred to in Article 12;

(2) As regards revenue,

• (a)the proportion of the proceeds of the general taxes determined in accordance with Article 35;
• (b) the proceeds of supplements of the general taxes, voted by the Diet of Eastern Galicia;
• (c) the proceeds of taxes imposed by the Diet of Eastern Galicia.

article 37

The Polish Government shall be responsible for the service of the debts which, under Articles 199 and 200 of the Treaty of Peace between the High Contracting Parties and Austria, are to be assumed by the territory of Eastern Galicia. In the event of this territory becoming either as a whole or in part separated from Poland, its contribution shall be determined in conformity with the principles laid down in Article 199 of that Treaty.

Chapter VII.—Military Organisation

article 38

Laws in force in Poland relating to military service may be applied by Poland in Eastern Galicia.

The contingent thus recruited shall form special units in the Polish army. In time of peace these units shall perform garrison duty in Eastern Galicia.

Alternative Article proposed by minority

article 38

There shall be no compulsory military service in Eastern Galicia.

Chapter VIII.—Transitory Provisions

article 39

Until the Assembly of the Diet, the Governor of Eastern Galicia shall administer the territory in conformity with the provisions of the present Treaty. In regard to matters which according to the present Treaty are within the competence of the Polish Diet, the Polish laws shall be introduced in Eastern Galicia by promulgation by the Governor. In regard to matters within the competence of the Diet of Eastern Galicia, the laws and regulations in force on July 28, 1914, shall be applied without being promulgated anew.

The Governor shall take the necessary measures for the initial constitution of the administrative services. He shall fix the number of Ministers and the division of duties between them, the number and the division so fixed being maintained until modified by the Diet.

The Governor shall take the necessary measures with a view to the election of the Diet of Eastern Galicia at the earliest possible date in the conditions laid down in Article 10, so that the Diet may be able to assemble at the latest within a period of nine months from the coming into force of the present Treaty. It will be the duty of the Governor to assure the freedom of the voting, in conformity with the provisions of Article 6, and to proceed without delay to the convocation of the Diet.

The régime established by Chapters I to VI of the present Treaty shall come into force in every respect upon the assembly of the first Diet. Compulsory military service shall not be introduced in Eastern Galicia before that date.

article 40

No inhabitant of Eastern Galicia shall be disturbed or molested by reason of his political attitude between July 28, 1914, and the coming into force of the present Treaty.

III.—Consideration of the Articles in Regard to Which the Commission Was Not Unanimous

The Commission is unanimous in recommending thirty-seven of the articles in the accompanying plan for the organisation of Eastern Galicia. In the case of Articles 12, 16, and 38 the reasons for the divergent recommendations presented by the majority (four Delegations, viz., the American, French, Italian, and Japanese), and the minority (the British Delegation) may be set forth as follows:—

Article 12 (Agrarian Legislation.)

Opinion of the Minority.

The minority held that the conditions of land tenure in Eastern Galicia differed so materially from those in Poland, and that the agrarian question was so intimately bound up there with the question of nationality, that legislation designed for Poland would require material modification in order to be adapted to Eastern Galicia.

They further held that while there were objections to the placing of agrarian legislation exclusively within the sphere of the East Galician Diet, it would be manifest injustice to the inhabitants of Eastern Galicia if their system of land tenure were to be entirely remodelled by an extraneous Government without their consent and during a brief temporary régime.

As no form of representation at Warsaw could in itself guarantee to Eastern Galicia representatives a decisive influence on any particular question, the minority held that agrarian legislation passed by the Polish Diet should only be applied in Eastern Galicia with the consent of the Diet of Eastern Galicia (Article XI [XII], additional clause).

Opinion of the Majority.

The other Delegations held that it would be both unwise and unnecessary to allow the Galician Diet a veto on the agrarian legislation passed by the Diet of Warsaw.

The agrarian reform just passed by the Polish Diet is of so liberal and satisfactory a character that it would seem to be only in the interest of the Galicians themselves to ensure its speedy and integral application in Eastern Galicia.

The inhabitants of this territory will have an opportunity to make their wishes and interests respected during the process of carrying out this reform, since its application will depend on the local committees to be formed for this purpose.

In the case of such a complex matter as agrarian legislation, it might in practice prove very difficult to secure complete agreement between the two Diets of Warsaw and Lemberg, and any failure on their part to agree would serve only to hamper or to imperil the whole agrarian reform in Eastern Galicia.

The requirements of an agreement in such a matter between two widely separated and widely different parliamentary bodies appears to be a novelty in constitutional law, and very probably it would turn out to be an unworkable arrangement.

Article 16 (representation of Eastern Galicia in the Polish Diet).

Opinion of the Majority.

Four Delegations held that for reasons both of justice and of practical necessity Eastern Galicia ought to be represented in the Polish Diet, and to be represented by deputies elected in accordance with the same rules as apply to elections in Poland.

For, according to the principles accepted by all the Delegations, the Diet of Warsaw will have power to levy taxes in Eastern Galicia, and to pass many kinds of laws which will apply to that territory. Most of the ministerial bureaux at Warsaw will, in a greater or less degree, have jurisdiction over Eastern Galicia. Therefore, unless the people of this province are to send deputies to the Polish Diet, they will have no effective voice in matters which vitally concern them. Such representation ought to be considered as an indispensable right granted to them, rather than as a burden imposed upon them.

The alternative proposal of one Delegation that this question should be left to be settled by voluntary agreement between the Polish Government and the Galician Diet, subject to the mediation of the League of Nations, is open to grave objections.

The present Treaty is based on the idea that the fundamental questions concerning the relations between Eastern Galicia and Poland are to be settled by this Treaty. The question of representation of Eastern Galicia in the Polish Ministry is certainly one of the most fundamental questions, and there would seem to be no reason why it should be left to a later voluntary agreement any more than most of the other questions touched upon in this Treaty.

The Polish Government would be justified, if only on formal grounds, in objecting to the proposed mediation of the League of Nations in such a question. For during the period of the provisional régime Eastern Galicia will be only a partially autonomous province under the sovereignty of Poland, and it may be doubted whether any Government at present can be induced to ask for the mediation of the League of Nations between itself and its subjects.

Finally, the competence of the Ministry of Eastern Galicia is actually defined by the terms of the Treaty in Articles 11 and 22. The question with which, in virtue of the British text, the Ministry would have to deal lies entirely beyond its competence, and serious difficulties may accordingly be feared in consequence of the conclusions which certain Ruthenian political leaders might attempt to draw from this ambiguity.

Opinion of the Minority.

The minority Delegation held that it was desirable to draw the attention of the Supreme Council to the fact that the representatives in Paris of the Ruthenian population, which forms the majority of the population of Eastern Galicia, had expressed themselves as strongly opposed to direct representation in the Polish Diet, which appeared to them only compatible with annexation to Poland.

The Delegation held that it is shown by the experience of legislatures in which racial minorities have been represented, that such representation fails to secure any effective influence for the minority in matters which concern them, and proves only a cause of obstruction and inefficiency to the Assembly. As in Eastern Galicia the Ruthenian population were resolutely opposed to direct representation in the Polish Diet, the Delegation felt that no useful purpose could be served by the sending of an unwilling nationalist party to Warsaw which would only embitter the relations between the two races. It would be infinitely preferable that the question should be postponed for six months until the Diet of East Galicia had met, when a form of representation could be devised which would have the consent of both parties.

The Delegation therefore held that this question, which was of a particularly complicated nature, could only be satisfactorily settled by an agreement to be reached locally between the Polish Government and the Minority of Eastern Galicia, with the collaboration, if desired, of the League of Nations.

Article 38 (Military Service).

Opinion of the Minority.

The minority held that in view of the fact that the Ruthenian population had resisted Polish occupation by force of arms for six months, the inhabitants of Eastern Galicia could not forcibly be compelled to serve in the Polish army. A voluntary force could be raised under Polish supervision for the defence of the territory.

Opinion of the Majority.

As long as the troubled situation in Central and Eastern Europe renders the system of obligatory service necessary in almost every country in that part of the world, and in view of the special danger threatening from Bolshevism, it seems difficult to refuse to the Polish Government in principle the right of introducing in Eastern Galicia the same form of service as exists in Poland within the measures of what it finds just and prudent. Eastern Galicia will enjoy the protection of Poland and all the rights which the other provinces of Poland possess. There would seem to be something inconsistent with elementary notions of justice therefore in excusing Eastern Galicia from contributing to its own defence or bearing its fair share of the common burden.

A system of voluntary service only would probably yield no tangible results in the way of troops, and would certainly be regarded by the other populations subject to the Polish State as a case of most unfair discrimination in favour of East Galicia.

Proposal With Regard to the Final Settlement

With regard to the Final Settlement, the Commission considers it to be its duty to submit to the Supreme Council of the Allies the following proposals which, if approved by the Council, could be added at the end of Article 2:—

Ten years after the exchange of ratifications of the present Treaty the Principal Allied and Associated Powers, or such other body as they may appoint, shall, after an enquiry into the situation, determine both the date at which the inhabitants of Eastern Galicia shall be called upon to express its wishes in regard to the final settlement and the manner in which this consultation shall be carried out.

Appendix D to HD–57

chargé d’affaires
of the
republic of austria
No. 1225

St. Germain-en-Laye, September 18, 1919.

Contents

Note No. 1225 from the Austrian Delegation September 18, relative to the coal situation in Austria with an annexure. (Dispatch from Renner at Vienna.)

Translation

From: Herr Mayrhauser, Chargé d’Affaires

To: Monsieur Dutasta, Secretary General of the Peace Conference.

According to instructions that have just reached me, I have the honor to request Your Excellency to communicate to His Excellency the President of the Peace Conference, as soon as possible, the inclosed dispatch from the Chancellor of State, Herr Kenner, on the subject of the frightful coal shortage prevailing in Austria.

Mayrhauser

Chargé d’Affaires p. i.

No. 2434

ad. No. 1225

Dispatch From the Chancellor of the Republic of Austria, Herr Renner, to His Excellency the President of the Peace Conference, Georges Clemenceau

Mr. President: Austria, and especially its capital, are in a desperate situation on account of the disastrous fuel shortage.

From next Sunday public life will be partially paralyzed by the most rigorous measures of economy; service on the street railways will be suspended, the use of electricity by private individuals will be reduced to the minimum; moreover, unless some relief comes at the last moment, it will be absolutely necessary to close all the factories fed by the Vienna power stations. By this fact, more than one hundred thousand workmen will be thrown out of work.

The Austrian Government has up to the present worked desperately to keep the people supplied with work and to prevent the disastrous consequences of the lack of employment. Now, this sudden and enormous increase in the number of men out of work would make the maintenance of social order impossible. The results of such a condition would be incalculable, and there would be no limit to its action.

In the Peace Treaty of September 10 (Article 224), the Powers were pleased to provide a regulation by which the indispensable quantity of coal will be supplied to Austria by Czecho-Slovakia and Poland. Now, the humanitarian intention and the principles of international justice that inspired this clause would be illusory if before the Treaty goes into force the Austrian people, so harshly tried by the war, are, by the lack of fuel, deprived of the necessities of life and given over to economic and social ruin. In fact, in spite of negotiations constantly carried on with the two Powers mentioned and in spite of the insistent claims of the Austrian Government, we have come to the present pass.

I appeal therefore to the noble intentions revealed in the Peace Treaty, addressing to the Supreme Council the urgent request to give us its powerful support and to exercise its great power over the states in question, in order to save the Austrian nation from collapse, as well as from the dangers of anarchy, thereby preventing the catastrophe with [which?] Central Europe is seriously threatened.

Knowing that Your Excellency and the Supreme Council are not deaf to the appeals of a suffering nation, I have the firm hope that at this fateful and decisive hour for new Austria the Powers responsible for the new order of things in the world will give it aid.

Renner

1. See HD–56, minute III, p. 263.
2. Appendix E to HD–47, p. 111.
3. The map referred to does not accompany the minutes.
4. FM–27, minute 1, vol. iv, p. 848.
5. Treaties, Conventions, etc., 1910–1923, vol. iii, p. 3714.