Vessels and goods entering a free zone may be subjected to the charges

established to cover expenses of administration, upkeep and improvement

of the port, as well as to the charges for the use of various

installations, provided that these charges shall be reasonable, having

regard to the expenditure incurred, and shall be levied in the

conditions of equality provided for in Article 327.

Goods shall not be subjected to any other charge except a statistical

duty which shall not exceed 1 per mille ad valorem, and which shall be

devoted exclusively to defraying the expenses of compiling statements of

the traffic in the port.

=ARTICLE 329.=--The facilities granted for the erection of warehouses,

for packing and for unpacking goods, shall be in accordance with trade

requirements for the time being. All goods allowed to be consumed in the

free zone shall be exempt from duty, whether of excise or of any other

description, apart from the statistical duty provided for in Article 328

above.

There shall be no discrimination in regard to any of the provisions of

the present article between persons belonging to different nationalities

or between goods of different origin or destination.

=ARTICLE 330.=--Import duties may be levied on goods leaving the free

zone for consumption in the country on the territory of which the port

is situated. Conversely, export duties may be levied on goods coming

from such country and brought into the free zone. These import and

export duties shall be levied on the same basis and at the same rates as

similar duties levied at the other customs frontiers of the country

concerned. On the other hand, Germany shall not levy, under any

denomination, any import, export, or transit duty on goods carried by

land or water across her territory to or from the free zone from or to

any other State.

Germany shall draw up the necessary regulations to secure and guarantee

such freedom of transit over such railways and waterways in her

territory as normally give access to the free zone.

CHAPTER III.--CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN

(RUSSTROM-MEMEL-NIEMEN), AND THE DANUBE

(I)--_General Clauses_

=ARTICLE 331.=--The following rivers are declared international:

The Elbe (Labe) from its confluence with the Vitava (Moldau)

and the Vitava (Moldau) from Prague;

the Oder (Odra) from its confluence with the Oppa;

the Niemen (Russtrom-Memel-Niemen) from Grodno,

the Danube from Ulm;

and all navigable parts of these river systems which naturally provide

more than one State with access to the sea, with or without

transshipment from one vessel to another; together with lateral canals

and channels constructed either to duplicate or to improve naturally

navigable sections of the specified river system, or to connect two

naturally navigable sections of the same river.

The same shall apply to the Rhine-Danube navigable waterway, should such

a waterway be constructed under the conditions laid down in Article 353.

=ARTICLE 332.=--On the waterways declared to be international in the

preceding article, the nationals, property and flags of all powers shall

be treated on a footing of perfect equality, no distinction being made

to the detriment of the nationals, property or flag of any power between

them and the nationals, property or flag of the riparian State itself or

of the most favored nation.

Nevertheless, German vessels shall not be entitled to carry passengers

or goods by regular services between the ports of any Allied or

Associated Power, without special authority from such power.

=ARTICLE 333.=--Where such charges are not precluded by any existing

conventions, charges varying on different sections of a river may be

levied on vessels using the navigable channels or their approaches,

provided that they are intended solely to cover equitably the cost of

maintaining in a navigable condition, or of improving, the river and its

approaches, or to meet expenditure incurred in the interests of

navigation. The schedule of such charges shall be calculated on the

basis of such expenditure and shall be posted up in the ports. These

charges shall be levied in such a manner as to render any detailed

examination of cargoes unnecessary, except in cases of suspected fraud

or contravention.

=ARTICLE 334.=--The transit of vessels, passengers, and goods on these

waterways shall be effected in accordance with the general conditions

prescribed for transit in Section I., above.

When the two banks of an international river are within the same State,

goods in transit may be placed under seal or in the custody of customs

agents. When the river forms a frontier, goods and passengers in transit

shall be exempt from all customs formalities; the loading and unloading

of goods, and the embarkation and disembarkation of passengers, shall

only take place in the ports specified by the riparian State.

=ARTICLE 335.=--No dues of any kind other than those provided for in the

present part shall be levied along the course or at the mouth of these

rivers.

This provision shall not prevent the fixing by the riparian States of

customs, local octroi, or consumption duties, or the creation of

reasonable and uniform charges levied in the ports, in accordance with

public tariffs, for the use of cranes, elevators, quays, warehouses, &c.

=ARTICLE 336.=--In default of any special organization for carrying out

the works connected with the upkeep and improvement of the international

portion of a navigable system, each riparian State shall be bound to

take suitable measures to remove any obstacle or danger to navigation

and to insure the maintenance of good conditions of navigation.

If a State neglects to comply with this obligation any riparian State,

or any State represented on the International Commission, if there is

one, may appeal to the tribunal instituted for this purpose by the

League of Nations.

=ARTICLE 337.=--The same procedure shall be followed in the case of a

riparian State undertaking any works of a nature to impede navigation in

the international section. The tribunal mentioned in the preceding

article shall be entitled to enforce the suspension or suppression of

such works, making due allowance in its decisions for all rights in

connection with irrigation, waterpower, fisheries, and other national

interests, which, with the consent of all the riparian States or of all

the States represented on the International Commission, if there be one,

shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the

suspension of the works.

=ARTICLE 338.=--The régime set out in Articles 332 to 337 above shall be

superseded by one to be laid down in a General Convention drawn up by

the Allied and Associated Powers, and approved by the League of Nations,

relating to the waterways recognized in such Convention as having an

international character. This Convention shall apply in particular to

the whole or part of the above-mentioned river systems of the Elbe

(Labe), the Oder (Odra), the Niemen (Russtrom-Memel-Niemen), and the

Danube, and such other parts of these river systems as may be covered by

a general definition.

Germany undertakes, in accordance with the provisions of Article 379, to

adhere to the said General Convention as well as to all projects

prepared in accordance with Article 343 below for the revision of

existing international agreements and regulations.

=ARTICLE 339.=--Germany shall cede to the Allied and Associated Powers

concerned, within a maximum period of three months from the date on

which notification shall be given her, a proportion of the tugs and

vessels remaining registered in the ports of the river systems referred

to in Article 331 after the deduction of those surrendered by way of

restitution or reparation. Germany shall in the same way cede material

of all kinds necessary to the Allied and Associated Powers concerned for

the utilization of those river systems.

The number of the tugs and boats and the amount of the material so

ceded, and their distribution, shall be determined by an arbitrator or

arbitrators nominated by the United States of America, due regard being

had to the legitimate needs of the parties concerned, and particularly

to the shipping traffic during the five years preceding the war.

All craft so ceded shall be provided with their fittings and gear, shall

be in a good state of repair and in condition to carry goods, and shall

be selected from among those most recently built.

The cessions provided for in the present article shall entail a credit

of which the total amount, settled in a lump sum by the arbitrator or

arbitrators, shall not in any case exceed the value of the capital

expended in the initial establishment of the material ceded, and shall

be set off against the total sums due from Germany; in consequence, the

indemnification of the proprietors shall be a matter for Germany to deal

with.

(2) _Special Clauses Relating to the Elbe, the Oder, and the Niemen

(Russtrom-Memel-Niemen)_

=ARTICLE 340.=--The Elbe (Labe) shall be placed under the administration

of an International Commission which shall comprise:

4 representatives of the German States bordering on the river;

2 representatives of the Czechoslovak State;

1 representative of Great Britain;

1 representative of France;

1 representative of Italy;

1 representative of Belgium;

Whatever be the number of members present, each delegation shall have

the right to record a number of votes equal to the number of

representatives allotted to it.

If certain of these representatives cannot be appointed at the time of

the coming into force of the present treaty, the decisions of the

commission shall nevertheless be valid.

=ARTICLE 341.=--The Oder (Odra) shall be placed under the administration

of an International Commission, which shall comprise:

1 representative of Poland;

3 representatives of Prussia;

1 representative of the Czechoslovak State;

1 representative of Great Britain;

1 representative of France;

1 representative of Denmark;

1 representative of Sweden.

If certain of these representatives cannot be appointed at the time of

the coming into force of the present treaty, the decisions of the

commission shall nevertheless be valid.

=ARTICLE 342.=--On a request being made to the League of Nations by any

riparian State, the Niemen (Russtrom-Memel-Niemen) shall be placed under

the administration of an International Commission, which shall comprise

one representative of each riparian State, and three representatives of

other States specified by the League of Nations.

=ARTICLE 343.=--The International Commissions referred to in Articles

340 and 341 shall meet within three months of the date of the coming

into force of the present treaty, The International Commission referred

to in Article 342 shall meet within three months from the date of the

request made by a riparian State. Each of these commissions shall

proceed immediately to prepare a project for the revision of the

existing international agreements and regulations, drawn up in

conformity with the General Convention referred to in Article 338,

should such convention have been already concluded. In the absence of

such convention, the project for revision shall be in conformity with

the principles of Articles 332 to 337, above.

=ARTICLE 344.=--The projects referred to in the preceding article shall,

_inter alia_:

(a) Designate the headquarters of the International Commission, and

prescribe the manner in which its President is to be nominated;

(b) Specify the extent of the commission's powers, particularly in

regard to the execution of works of maintenance, control, and

improvement on the river system, the financial régime the fixing and

collection of charges, and regulations for navigation;

(c) Define the sections of the river or its tributaries to which the

international régime shall be applied.

=ARTICLE 345.=--The international agreements and regulations at present

governing the navigation of the Elbe (Labe), the Oder (Odra), and the

Niemen (Russtrom-Memel-Niemen) shall be provisionally maintained in

force until the ratification of the above-mentioned projects.

Nevertheless, in all cases where such agreements and regulations in

force are in conflict with the provisions of Articles 332 to 337 above,

or of the General Convention to be concluded, the latter provisions

shall prevail.

(3) _Special Clauses Relating to the Danube_

=ARTICLE 346.=--The European Commission of the Danube reassumes the

powers it possessed before the war. Nevertheless, as a provisional

measure, only representatives of Great Britain, France, Italy, and

Rumania shall constitute this commission.

=ARTICLE 347.=--From the point where the competence of the European

Commission ceases, the Danube system referred to in Article 331 shall be

placed under the administration of an international commission composed

as follows:

2 representatives of German riparian States;

1 representative of each other riparian State;

1 representative of each non-riparian State represented in the

future on the European Commission of the Danube.

If certain of these representatives cannot be appointed at the time of

the coming into force of the present treaty, the decisions of the

commission shall nevertheless be valid.

=ARTICLE 348.=--The International Commission provided for in the

preceding article shall meet as soon as possible after the coming into

force of the present treaty, and shall undertake provisionally the

administration of the river in conformity with the provisions of

Articles 332 to 337, until such time as a definitive statute regarding

the Danube is concluded by the powers nominated by the Allied and

Associated Powers.

=ARTICLE 349.=--Germany agrees to accept the régime which shall be laid

down for the Danube by a conference of the powers nominated by the

Allied and Associated Powers, which shall meet within one year after the

coming into force of the present treaty, and at which German

representatives may be present.

=ARTICLE 350.=--The mandate given by Article 57 of the Treaty of Berlin

of the 13th July, 1878, to Austria-Hungary, and transferred by her to

Hungary, to carry out works at the Iron Gates, is abrogated. The

commission intrusted with the administration of this part of the river

shall lay down provisions for the settlement of accounts subject to the

financial provisions of the present treaty. Charges which may be

necessary shall in no case be levied by Hungary.

=ARTICLE 351.=--Should the Czechoslovak State, the Serb-Croat-Slovene

State, or Rumania, with the authorization of or under mandate from the

International Commission undertake maintenance, improvement, weir or

other works on a part of the river system which forms a frontier, these

States shall enjoy on the opposite bank, and also on the part of the bed

which is outside their territory, all necessary facilities for the

survey, execution and maintenance of such works.

=ARTICLE 352.=--Germany shall be obliged to make to the European

Commission of the Danube all restitutions, reparations, and indemnities

for damages inflicted on the commission during the war.

=ARTICLE 353.=--Should a deep-draught Rhine-Danube navigable waterway be

constructed, Germany undertakes to apply thereto the régime prescribed

in Articles 332 to 338.

CHAPTER IV.--CLAUSES RELATING TO THE RHINE AND THE MOSELLE

=ARTICLES 354.=--As from the coming into force of the present treaty,

the Convention of Mannheim of 17th October, 1868, together with the

Final Protocol thereof, shall continue to govern navigation on the

Rhine, subject to the conditions hereinafter laid down.

In the event of any provisions of the said Convention being in conflict

with those laid down by the General Convention referred to in Article

338 (which shall apply to the Rhine), the provisions of the General

Convention shall prevail.

Within a maximum period of six months from the coming into force of the

present treaty, the Central Commission referred to in Article 355 shall

meet to draw up a project of revision of the Convention of Mannheim.

This project shall be drawn up in harmony with the provisions of the

General Convention referred to above, should this have been concluded by

that time, and shall be submitted to the powers represented on the

Central Commission. Germany hereby agrees to adhere to the project so

drawn up.

Further, the modifications set out in the following articles shall

immediately be made in the Convention of Mannheim.

The Allied and Associated Powers reserve to themselves the right to

arrive at an understanding in this connection with Holland, and Germany

hereby agrees to accede if required to any such understanding.

=ARTICLE 355.=--The Central Commission provided for in the Convention of

Mannheim shall consist of nineteen members, viz.:

Two representatives of the Netherlands;

Two representatives of Switzerland;

Four representatives of German riparian States;

Four representatives of France, which in addition shall appoint

the President of the Commission;

Two representatives of Great Britain;

Two representatives of Italy;

Two representatives of Belgium.

[Illustration: Drawing by Georges Scott in L'illustration

The White Flags That Meant Defeat for the German Cause and Marked the

Beginning of the End of the War

German delegates on their way to the armistice conference with Marshal

Foch reaching the first French lines near Haudroy, November 7, 1918.]

The headquarters of the Central Commission shall be at Strasbourg.

Whatever be the number of members present, each delegation shall have

the right to record a number of votes equal to the number of

representatives allotted to it.

If certain of these representatives cannot be appointed at the time of

the coming into force of the present treaty, the decisions of the

Commission shall nevertheless be valid.

=ARTICLE 356.=--Vessels of all nations, and their cargoes, shall have

the same rights and privileges as those which are granted to vessels

belonging to the Rhine navigation, and to their cargoes.

None of the provisions contained in Articles 15 to 20 and 26 of the

above-mentioned Convention of Mannheim, in Article 4 of the Final

Protocol thereof, or in later Conventions, shall impede the free

navigation of vessels and crews of all nations on the Rhine and on

waterways to which such Conventions apply, subject to compliance with

the regulations concerning pilotage and other police measures drawn up

by the Central Commission.

The provisions of Article 22 of the Convention of Mannheim and of

Article 5 of the Final Protocol thereof shall be applied only to vessels

registered on the Rhine. The Central Commission shall decide on the

steps to be taken to insure that other vessels satisfy the conditions of

the general regulations applying to navigation on the Rhine.

=ARTICLE 357.=--Within a maximum period of three months from the date on

which notification shall be given Germany shall cede to France tugs and

vessels, from among those remaining registered in German Rhine ports

after the deduction of those surrendered by way of restitution or

reparation, or shares in German Rhine navigation companies.

When vessels and tugs are ceded, such vessels and tugs, together with

their fittings and gear, shall be in good state of repair, shall be in

condition to carry on commercial traffic on the Rhine, and shall be

selected from among those most recently built.

The same procedure shall be followed in the matter of the cession by

Germany to France of--

(1) the installations, berthing, and anchorage accommodation, platforms,

docks, warehouses, plant, &c., which German subjects or German companies

owned on the 1st August, 1914, in the port of Rotterdam, and

(2) the shares or interests which Germany or German nationals possessed

in such installations at the same date.

The amount and specifications of such cessions shall be determined

within one year of the coming into force of the present treaty by an

arbitrator or arbitrators appointed by the United States of America, due

regard being had to the legitimate needs of the parties concerned.

The cessions provided for in the present article shall entail a credit

of which the total amount, settled in a lump sum by the arbitrator, or

arbitrators mentioned above, shall not in any case exceed the value of

the capital expended in the initial establishment of the ceded material

and installations, and shall be set off against the total sums due from

Germany; in consequence, the indemnification of the proprietors shall be

a matter for Germany to deal with.

=ARTICLE 358.=--Subject to the obligation to comply with the provisions

of the Convention of Mannheim or of the convention which may be

substituted therefor, and to the stipulations of the present treaty,

France shall have on the whole course of the Rhine included between the

two extreme points of the French frontiers--

(a) the right to take water from the Rhine to feed navigation

and irrigation canals (constructed or to be constructed) or for

any other purpose, and to execute on the German bank all works

necessary for the exercise of this right;

(b) the exclusive right to the power derived from works of

regulation on the river, subject to the payment to Germany of

the value of half the power actually produced, this payment,

which will take into account the cost of the works necessary

for producing the power, being made either in money or in power

and in default of agreement being determined by arbitration.

For this purpose France alone shall have the right to carry out

in this part of the river all works of regulation (weirs or

other works) which she may consider necessary for the

production of power. Similarly, the right of taking water from

the Rhine is accorded to Belgium to feed the Rhine-Meuse

navigable waterway provided for below.

The exercise of the rights mentioned under (a) and (b) of the present

article shall not interfere with navigability nor reduce the facilities

for navigation, either in the bed of the Rhine or in the derivations

which may be substituted therefor, nor shall it involve any increase in

the tolls formerly levied under the convention in force. All proposed

schemes shall be laid before the Central Commission in order that the

commission may assure itself that these conditions are complied with.

To insure the proper and faithful execution of the provisions contained

in (a) and (b) above, Germany:

(i) binds herself not to undertake or to allow the construction of any

lateral canal or any derivation on the right bank of the river opposite

the French frontiers;

(ii) recognizes the possession by France of the right of support on and

the right of way over all lands situated on the right bank which may be

required in order to survey, to build, and to operate weirs which

France, with the consent of the Central Commission, may subsequently

decide to establish. In accordance with such consent, France shall be

entitled to decide upon and fix the limits of the necessary sites, and

she shall be permitted to occupy such lands after a period of two months

after simple notification, subject to the payment by her to Germany of

indemnities of which the total amount shall be fixed by the Central

Commission. Germany shall make it her business to indemnify the

proprietors whose property will be burdened with such servitudes or

permanently occupied by the works.

Should Switzerland so demand, and if the Central Commission approves,

the same rights shall be accorded to Switzerland for the part of the

river forming her frontier with other riparian States;

(iii) shall hand over to the French Government, during the month

following the coming into force of the present treaty, all projects,

designs, drafts of concessions and of specifications concerning the

regulation of the Rhine for any purpose whatever which have been drawn

up or received by the Governments of Alsace-Lorraine or of the Grand

Duchy of Baden.

=ARTICLE 359.=--Subject to the preceding provisions, no works shall be

carried out in the bed or on either bank of the Rhine where it forms the

boundary of France and Germany without the previous approval of the

Central Commission or of its agents.

=ARTICLE 360.=--France reserves the option of substituting herself as

regards the rights and obligations resulting from agreements arrived at

between the Government of Alsace-Lorraine and the Grand Duchy of Baden

concerning the works to be carried out on the Rhine; she may also

denounce such agreements within a term of five years dating from the

coming into force of the present treaty.

France shall also have the option of causing works to be carried out

which may be recognized as necessary by the Central Commission for the

upkeep or improvement of the navigability of the Rhine above Mannheim.

=ARTICLE 361.=--Should Belgium, within a period of 25 years from the

coming into force of the present treaty, decide to create a deep-draught

Rhine-Meuse navigable waterway, in the region of Ruhrort, Germany shall

be bound to construct, in accordance with plans to be communicated to

her by the Belgian Government, after agreement with the Central

Commission, the portion of this navigable waterway situated within her

territory.

The Belgian Government shall, for this purpose, have the right to carry

out on the ground all necessary surveys.

Should Germany fail to carry out all or part of these works, the Central

Commission shall be entitled to carry them out instead; and, for this

purpose, the commission may decide upon and fix the limits of the

necessary sites and occupy the ground after a period of two months after

simple notification, subject to the payment of indemnities to be fixed

by it and paid by Germany.

This navigable waterway shall be placed under the same administrative

régime as the Rhine itself, and the division of the cost of initial

construction, including the above indemnities, among the States crossed

thereby shall be made by the Central Commission.

=ARTICLE 362.=--Germany hereby agrees to offer no objection to any

proposals of the Central Rhine Commission for extending its

jurisdiction:

(1) to the Moselle below the Franco-Luxemburg frontier down to the

Rhine, subject to the consent of Luxemburg;

(2) to the Rhine above Basle up to the Lake of Constance, subject to the

consent of Switzerland;

(3) to the lateral canals and channels which may be established either

to duplicate or to improve naturally navigable sections of the Rhine or

the Moselle, or to connect two naturally navigable sections of these

rivers, and also any other parts of the Rhine River system which may be

covered by the General Convention provided for in Article 338 above.

CHAPTER V.--CLAUSES GIVING TO THE CZECHO-SLOVAK STATE THE USE OF

NORTHERN PORTS

=ARTICLE 363.=--In the ports of Hamburg and Stettin, Germany shall lease

to the Czechoslovak State, for a period of ninety-nine years, areas

which shall be placed under the general régime of free zones and shall

be used for the direct transit of goods coming from or going to that

State.

=ARTICLE 364.=--The delimitation of these areas, and their equipment,

their exploitation, and in general all conditions for their utilization,

including the amount of the rental, shall be decided by a commission

consisting of one delegate of Germany, one delegate of the Czechoslovak

State and one delegate of Great Britain. These conditions shall be

susceptible of revision every ten years in the same manner.

Germany declares in advance that she will adhere to the decisions so

taken.

SECTION III.--_Railways_

CHAPTER I.--CLAUSES RELATING TO INTERNATIONAL TRANSPORT

=ARTICLE 365.=--Goods coming from the territories of the Allied and

Associated Powers, and going to Germany, or in transit through Germany

from or to the territories of the Allied and Associated Powers, shall

enjoy on the German railways as regards charges to be collected (rebates

and drawbacks being taken into account) facilities, and all other

matters, the most favorable treatment applied to goods of the same kind

carried on any German lines, either in internal traffic, or for export,

import or in transit, under similar conditions of transport, for example

as regards length of route. The same rule shall be applied, on the

request of one or more of the Allied and Associated Powers, to goods

specially designated by such power or powers coming from Germany and

going to their territories.

International tariffs established in accordance with the rates referred

to in the preceding paragraph and involving through waybills shall be

established when one of the Allied and Associated Powers shall require

it from Germany.

=ARTICLE 366.=--From the coming into force of the present treaty the

high contracting parties shall renew, in so far as concerns them and

under the reserves indicated in the second paragraph of the present

Article, the conventions and arrangements signed at Berne on the 14th of

October, 1890, the 20th September, 1893, the 16th July, 1895, the 16th

June, 1898, and the 19th September, 1906, regarding the transportation

of goods by rail.

If within five years from the date of the coming into force of the

present treaty a new convention for the transportation of passengers,

luggage and goods by rail shall have been concluded to replace the Berne

convention of the 14th October, 1890, and the subsequent additions

referred to above, this new convention and the supplementary provisions

for international transport by rail which may be based on it shall bind

Germany even if she shall have refused to take part in the preparation

of the convention or to subscribe to it. Until a new convention shall

have been concluded, Germany shall conform to the provisions of the

Berne Convention and the subsequent additions referred to above, and to

the current supplementary provisions.

=ARTICLE 367.=--Germany shall be bound to co-operate in the

establishment of through ticket services (for passengers and their

luggage) which shall be required by any of the Allied and Associated

Powers to insure their communication by rail with each other and with

all other countries by transit across the territories of Germany; in

particular Germany shall, for this purpose, accept trains and carriages

coming from the territories of the Allied and Associated Powers and

shall forward them with a speed at least equal to that of her best

long-distance trains on the same lines. The rates applicable to such

through services shall not in any case be higher than the rates

collected on German internal services for the same distance, under the

same conditions of speed and comfort.

The tariffs applicable under the same conditions of speed and comfort to

the transportation of emigrants going to or coming from ports of the

Allied and Associated Powers and using the German railways, shall not be

at a higher kilometric rate than the most favorable tariffs (drawbacks

and rebates being taken into account) enjoyed on the said railways by

emigrants going to or coming from any other ports.

=ARTICLE 368.=--Germany shall not apply specially to such through

services or to the transportation of emigrants going to or coming from

the ports of the Allied and Associated Powers, any technical, fiscal or

administrative measures, such as measures of customs examination,

general police, sanitary police, and control, the result of which would

be to impede or delay such services.

=ARTICLE 369.=--In case of transport partly by rail and partly by

internal navigation, with or without through way-bill, the preceding

Articles shall apply to the part of the journey performed by rail.

CHAPTER II.--ROLLING STOCK

=ARTICLE 370.=--Germany undertakes that German wagons shall be fitted

with apparatus allowing:

(1) of their inclusion in goods trains on the lines such of the Allied

and Associated Powers as are parties to the Berne Convention of May 15,

1886, as modified on May 18, 1907, without hampering the action of the

continuous brake which may be adopted in such countries within ten years

of the coming into force of the present treaty, and

(2) of the acceptance of wagons of such countries in all goods trains on

the German lines.

The rolling stock of the Allied and Associated Powers shall enjoy on the

German lines the same treatment as German rolling stock as regards

movement, upkeep and repairs.

CHAPTER III.--CESSIONS OF RAILWAY LINES

=ARTICLE 371.=--Subject to any special provisions concerning the cession

of ports, waterways and railways situated in the territories over which

Germany abandons her sovereignty, and to the financial conditions

relating to the concessionaires and the pensioning of the personnel, the

cession of railways will take place under the following conditions:

1. The works and installations of all the railroads shall be handed over

complete and in good condition.

2. When a railway system possessing its own rolling-stock is handed over

in its entirety by Germany to one of the Allied and Associated Powers,

such stock shall be handed over complete, in accordance with the last

inventory before November 11th, 1918, and in a normal state of upkeep.

3. As regards lines without any special rolling-stock, commissions of

experts designated by the Allied and Associated Powers, on which Germany

shall be represented, shall fix the proportion of the stock existing on

the system to which those lines belong to be handed over. These

commissions shall have regard to the remount of material registered on

these lines in the last inventory before November 11th, 1918, the length

of track (sidings included), and the nature and amount of traffic. These

commissions shall also specify the locomotives, carriages and wagons to

be handed over in each case; they shall decide upon the conditions of

their acceptance, and shall make the provisional arrangements necessary

to insure their repair in German workshops.

4. Stocks of stores, fittings and plant shall be handed over under the

same conditions as the rolling-stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines

of former Russian Poland converted by Germany to the German gauge, such

lines being regarded as detached from the Prussian State System.

CHAPTER IV.--PROVISIONS RELATING TO CERTAIN RAILWAY LINES

=ARTICLE 372.=--When as a result of the fixing of new frontiers a

railway connection between two parts of the same country crosses another

country, or a branch line from one country has its terminus in another,

the conditions of working, if not specifically provided for in the

present treaty, shall be laid down in a convention between the railway

administrations concerned. If the administrations cannot come to an

agreement as to the terms of such convention, the points of difference

shall be decided by commissions of experts composed as provided in the

preceding Article.

=ARTICLE 373.=--Within a period of five years from the coming into force

of the present treaty the Czechoslovak State may require the

construction of a railway line in German territory between the stations

of Schlauney and Nachod. The cost of construction shall be borne by the

Czechoslovak State.

=ARTICLE 374.=--Germany undertakes to accept, within ten years of the

coming into force of the present treaty, on request being made by the

Swiss Government after agreement with the Italian Government, the

denunciation of the International Convention of the 13th October, 1909,

relative to the St. Gothard railway. In the absence of agreement as to

the conditions of such denunciation, Germany hereby agrees to accept the

decision of an arbitrator designated by the United States of America.

CHAPTER V.--TRANSITORY PROVISIONS

=ARTICLE 375.=--Germany shall carry out the instructions given her, in

regard to transport, by an authorized body acting on behalf of the

Allied and Associated Powers:

1. For the carriage of troops under the provisions of the present

treaty, and of material, ammunition and supplies for army use.

2. As a temporary measure, for the transportation of supplies for

certain regions, as well as for the restoration, as rapidly as possible,

of the normal conditions of transport, and for the organization of

postal and telegraphic services.

SECTION IV.--_Disputes and Revision of Permanent Clauses_

=ARTICLE 376.=--Disputes which may arise between interested powers with

regard to the interpretation and application of the preceding articles

shall be settled as provided by the League of Nations.

=ARTICLE 377.=--At any time the League of Nations may recommend the

revision of such of these Articles as relate to a permanent

administrative régime.

=ARTICLE 378.=--The stipulations in Articles 321 to 330, 332, 365, and

367 to 369 shall be subject to revision by the Council of the League of

Nations at any time after five years from the coming into force of the

present treaty.

Failing such revision, no Allied or Associated Power can claim after the

expiration of the above period of five years the benefit of any of the

stipulations in the Articles enumerated above on behalf of any portion

of its territories in which reciprocity is not accorded in respect of

such stipulations. The period of five years during which reciprocity

cannot be demanded may be prolonged by the Council of the League of

Nations.

SECTION V.--_Special Provision_

=ARTICLE 379.=--Without prejudice to the special obligations imposed on

her by the present treaty for the benefit of the Allied and Associated

Powers, Germany undertakes to adhere to any general conventions

regarding the international régime of transit, waterways, ports or

railways which may be concluded by the Allied and Associated Powers,

with the approval of the League of Nations, within five years of the

coming into force of the present treaty.

SECTION VI.--_Clauses Relating to the Kiel Canal_

=ARTICLE 380.=--The Kiel Canal and its approaches shall be maintained

free and open to the vessels of commerce and of war of all nations at

peace with Germany on terms of entire equality.

=ARTICLE 381.=--The nationals, property, and vessels of all powers

shall, in respect to charges, facilities, and in all other respects, be

treated on a footing of perfect equality in the use of the canal, no

distinction being made to the detriment of nationals, property, and

vessels of any power between them and the nationals, property, and

vessels of Germany or of the most favored nations.

No impediment shall be placed on the movement of persons or vessels

other than those arising out of police, customs, sanitary, emigration or

immigration regulations, and those relating to the import or export of

prohibited goods. Such regulations must be reasonable and uniform and

must not unnecessarily impede traffic.

=ARTICLE 382.=--Only such charges may be levied on vessels using the

canal or its approaches as are intended to cover in an equitable manner

the cost of maintaining in a navigable condition, or if improving, the

canal or its approaches, or to meet expenses incurred in the interests

of navigation. The schedule of such charged shall be calculated on the

basis of such expenses, and shall be posted up in the ports.

These charges shall be levied in such a manner as to render any detailed

examination of cargoes unnecessary, except in the case of suspected

fraud or contravention.

=ARTICLE 383.=--Goods in transit may be placed under seal or in the

custody of customs agents; the loading and unloading of goods, and the

embarkation and disembarkation of passengers, shall only take place in

the ports specified by Germany.

=ARTICLE 384.=--No charge of any kind other than those provided for in

the present treaty shall be levied along the course or at the approaches

of the Kiel Canal.

=ARTICLE 385.=--Germany shall be bound to take suitable measures to

remove any obstacle or danger to navigation, and to insure the

maintenance of good conditions of navigation. She shall not undertake

any works of a nature to impede navigation on the canal or its

approaches.

=ARTICLE 386.=--In the event of violation of any of the conditions of

Articles 380 to 386, or of disputes as to the interpretation of these

articles, any interested power can appeal to the jurisdiction instituted

for the purpose by the League of Nations.

In order to avoid reference of small questions to the League of Nations,

Germany will establish a local authority at Kiel qualified to deal with

disputes in the first instance and to give satisfaction so far as

possible to complaints which may be presented through the consular

representatives of the interested powers.

PART XIII

Labor

SECTION I.--_Organization of Labor_

Whereas the League of Nations has for its object the establishment of

universal peace and such a peace can be established only if it is based

upon social justice;

And whereas conditions of labor exist involving such injustice,

hardship, and privation to large numbers of people as to produce unrest

so great that the peace and harmony of the world are imperiled; and an

improvement of those conditions is urgently required: as, for example,

by the regulations of the hours of work, including the establishment of

a maximum working day and week, the regulation of the labor supply, the

prevention of unemployment, the provision of an adequate living wage,

the protection of the worker against sickness, disease, and injury

arising out of his employment, the protection of the children, young

persons, and women, provision for old age and injury, protection of the

interests of workers when employed in countries other than their own,

recognition of the principle of freedom of association, the organization

of vocational and technical education, and other measures:

Whereas also the failure of any nation to adopt humane conditions of

labor is an obstacle in the way of other nations which desire to improve

the conditions in their own countries;

The high contracting parties, moved by sentiments of justice and

humanity as well as by the desire to secure the permanent peace of the

world, agree to the following.

CHAPTER I.--ORGANIZATION

=ARTICLE 387.=--A permanent organization is hereby established for the

promotion of the objects set forth in the preamble.

The original members of the League of Nations shall be the original

members of this organization, and hereafter membership of the League of

Nations shall carry with it membership of the said organization.

=ARTICLE 388.=--The permanent organization shall consist of:

(i) a General Conference of Representatives of the Members, and,

(ii) an International Labor Office controlled by the governing body

described in Article 393.

=ARTICLE 389.=--The meetings of the General Conference of

Representatives of the Members shall be held from time to time as

occasion may require, and at least once in every year. It shall be

composed of four representatives of each of the members, of whom two

shall be Government delegates and the two others shall be delegates

representing respectively the employers and the workpeople of each of

the members.

Each delegate may be accompanied by advisers, who shall not exceed two

in number for each item on the agenda of the meeting. When questions

specially affecting women are to be considered by the conference, one at

least of the advisers should be a woman.

The members undertake to nominate non-Government delegates and advisers

chosen in agreement with the industrial organizations, if such

organizations exist, which are most representative of employers or

workpeople, as the case may be, in their respective countries.

Advisers shall not speak except on a request made by the delegate whom

they accompany and by special authorization of the President of the

conference, and may not vote.

A delegate may by notice in writing addressed to the President appoint

one of his advisers to act as his deputy, and the adviser, while so

acting, shall be allowed to speak and vote.

The names of the delegates and their advisers will be communicated to

the International Labor Office by the Government of each of the members.

The credentials of delegates and their advisers shall be subject to

scrutiny by the conference, which may, by two-thirds of the votes cast

by the delegates present, refuse to admit any delegate or adviser whom

it deems not to have been nominated in accordance with this article.

=ARTICLE 390.=--Every delegate shall be entitled to vote individually on

all matters which are taken into consideration by the conference.

If one of the members fails to nominate one of the non-Government

delegates whom it is entitled to nominate, the other non-Government

delegates shall be allowed to sit and speak at the conference, but not

to vote.

If, in accordance with Article 389, the conference refuses admission to

a delegate of one of the members, the provisions of the present article

shall apply as if that delegate had not been nominated.

=ARTICLE 391.=--The meetings of the conference shall be held at the seat

of the League of Nations, or at such other place as may be decided by

the conference at a previous meeting by two-thirds of the votes cast by

the delegates present.

=ARTICLE 392.=--The International Labor Office shall be established at

the seat of the League of Nations as part of the organization of the

League.

=ARTICLE 393.=--The International Labor Office shall be under the

control of a governing body consisting of twenty-four persons, appointed

in accordance with the following provisions:

The governing body of the International Labor Office shall be

constituted as follows:

Twelve persons representing the Governments:

Six persons elected by the delegates to the conference representing the

employers:

Six persons elected by the delegates to the conference representing the

workers.

Of the twelve persons representing the Governments, eight shall be

nominated by the members which are of the chief industrial importance,

and four shall be nominated by the members selected for the purpose by

the Government delegates to the conference, excluding the delegates of

the eight members mentioned above.

Any question as to which are the members of the chief industrial

importance shall be decided by the council of the League of Nations.

The period of office of the members of the governing body will be three

years. The method of filling vacancies and other similar questions may

be determined by the governing body, subject to the approval of the

conference.

The governing body shall, from time to time, elect one of its members to

act as its Chairman, shall regulate its own procedure, and shall fix its

own times of meeting. A special meeting shall be held if a written

request to that effect is made by at least ten members of the governing

body.

=ARTICLE 394.=--There shall be a Director of the International Labor

Office, who shall be appointed by the governing body, and, subject to

the instructions of the Governing Body, shall be responsible for the

efficient conduct of the International Labor Office and for such other

duties as may be assigned to him.

The Director or his deputy shall attend all meetings of the governing

body.

=ARTICLE 395.=--The staff of the International Labor Office shall be

appointed by the Director, who shall, as far as is possible with due

regard to the efficiency of the work of the Office, select persons of

different nationalities. A certain number of these persons shall be

women.

=ARTICLE 396.=--The functions of the International Labor Office shall

include the collection and distribution of information on all subjects

relating to the international adjustment of conditions of industrial

life and labor, and particularly the examination of subjects which it is

proposed to bring before the conference with a view to the conclusion of

international conventions, and the conduct of such special

investigations as may be ordered by the conference.

It will prepare the agenda for the meetings of the conference.

It will carry out the duties required of it by the provisions of this

part of the present treaty in connection with international disputes.

It will edit and publish in French and English, and in such other

languages as the governing body may think desirable, a periodical paper

dealing with problems of industry and employment of international

interest.

Generally, in addition to the functions set out in this Article, it

shall have such other powers and duties as may be assigned to it by the

conference.

=ARTICLE 397.=--The Government departments of any of the members which

deal with questions of industry and employment may communicate directly

with the Director through the representative of their Government on the

governing body of the International Labor Office, or, failing any such

representative, through such other qualified official as the Government

may nominate for the purpose.

=ARTICLE 398.=--The International Labor Office shall be entitled to the

assistance of the Secretary-General of the League of Nations in any

matter in which it can be given.

=ARTICLE 399.=--Each of the members will pay the traveling and

subsistence expenses of its delegates and their advisers and of its

representatives attending the meetings of the conference or governing

body, as the case may be.

All the other expenses of the International Labor Office and of the

meetings of the conference or governing body shall be paid to the

Director by the Secretary-General of the League of Nations out of the

general funds of the League.

The Director shall be responsible to the Secretary-General of the League

for the proper expenditure of all moneys paid to him in pursuance of

this Article.

CHAPTER II.--PROCEDURE

=ARTICLE 400.=--The agenda of all meetings of the conference will be

settled by the governing body, who shall consider any suggestion as to

the agenda that may be made by the Government of any of the members or

by any representative organization recognized for the purpose of Article

389.

=ARTICLE 401.=--The Director shall act as the Secretary of the

Conference, and shall transmit the agenda so as to reach the members

four months before the meeting of the conference, and, through them, the

non-Government delegates when appointed.

=ARTICLE 402.=--Any of the Governments of the members may formally

object to the inclusion of any item or items in the agenda. The grounds

for such objection shall be set forth in a reasoned statement addressed

to the Director, who shall circulate it to all the members of the

permanent organization.

Items to which such objection has been made shall not, however, be

excluded from the agenda if at the conference a majority of two-thirds

of the votes cast by delegates present is in favor of considering them.

If the conference decides (otherwise than under the preceding paragraph)

by two-thirds of the votes cast by the delegates present that any

subject shall be considered by the conference, that subject shall be

included in the agenda for the following meeting.

=ARTICLE 403.=--The conference shall regulate its own procedure, shall

elect its own President, and may appoint committees to consider and

report on any matter.

Except as otherwise expressly provided in this part of the present

treaty, all matters shall be decided by a simple majority of the votes

cast by the delegates present.

The voting is void unless the total number of votes cast is equal to

half the number of the delegates attending the conference.

=ARTICLE 404.=--The conference may add to any committees which it

appoints technical experts, who shall be assessors without power to

vote.

=ARTICLE 405.=--When the conference has decided on the adoption of

proposals with regard to an item in the agenda, it will rest with the

conference to determine whether these proposals should take the form:

(a) of a recommendation to be submitted to the members for consideration

with a view to effect being given to it by national legislation or

otherwise, or (b) of a draft international convention for ratification

by the members.

In either case a majority of two-thirds of the votes cast by the

delegates present shall be necessary on the final vote for the adoption

of the recommendation or draft convention, as the case may be, by the

conference.

In framing any recommendation or draft convention of general application

the conference shall have due regard to those countries in which

climatic conditions, the imperfect development of industrial

organization or other special circumstances make the industrial

conditions substantially different and shall suggest the modifications,

if any, which it considers may be required to meet the case of such

countries.

A copy of the recommendation or draft convention shall be authenticated

by the signature of the President of the conference and of the Director

and shall be deposited with the Secretary-General of the League of

Nations. The Secretary-General will communicate a certified copy of the

recommendation or draft convention to each of the members.

Each of the members undertakes that it will, within the period of one

year at most from the closing of the session of the conference, or if it

is impossible owing to exceptional circumstances to do so within the

period of one year, then at the earliest practicable moment and in no

case later than eighteen months from the closing of the session of the

conference, bring the recommendation or draft convention before the

authority or authorities within whose competence the matter lies, for

the enactment of legislation or other action.

In the case of a recommendation the members will inform the

Secretary-General of the action taken.

In the case of a draft convention, the member will, if it obtains the

consent of the authority or authorities within whose competence the

matter lies, communicate the formal ratification of the convention to

the Secretary-General and will take such action as may be necessary to

make effective the provisions of such convention.

If on a recommendation no legislative or other action is taken to make a

recommendation effective, or if the draft convention fails to obtain the

consent of the authority or authorities within whose competence the

matter lies, no further obligation shall rest upon the member.

In the case of a federal state, the power of which to enter into

conventions on labor matters is subject to limitations, it shall be in

the discretion of that Government to treat a draft convention to which

such limitations apply as a recommendation only, and the provisions of

this article with respect to recommendations shall apply in such case.

The above Article shall be interpreted in accordance with the following

principle:

In no case shall any member be asked or required, as a result of the

adoption of any recommendation or draft convention by the conference to

lessen the protection afforded by its existing legislation to the

workers concerned.

=ARTICLE 406.=--Any convention so ratified shall be registered by the

Secretary-General of the League of Nations, but shall only be binding

upon the members which ratify it.

[Illustration: Copyright Underwood & Underwood

Paris in War Time

A wonderful photograph made from the top platform of the Eiffel Tower.

Hovering over the city is a French dirigible, a guardian against the

dreaded Zeppelins. Paris in war time pursued the even tenor of its way,

but it was a saddened city where frivolous tourists were not wanted.]

=ARTICLE 407.=--If any convention coming before the conference for final

consideration fails to secure the support of two-thirds of the votes

cast by the delegates present, it shall nevertheless be within the right

of any of the members of the permanent organization to agree to such

convention among themselves.

Any convention so agreed to shall be communicated by the Governments

concerned to the Secretary-General of the League of Nations, who shall

register it.

=ARTICLE 408.=--Each of the members agrees to make an annual report to

the International Labor office on the measures which it has taken to

give effect to the provisions of conventions to which it is a party.

These reports shall be made in such form and shall contain such

particulars as the governing body may request. The Directors shall lay a

summary of these reports before the next meeting of the conference.

=ARTICLE 409.=--In the event of any representation being made to the

International Labor Office by an industrial association of employers or

of workers that any of the members has failed to secure in any respect

the effective observance within its jurisdiction of any convention to

which it is a party, the Governing Body may communicate this

representation to the Government against which it is made and may invite

that Government to make such statement on the subject as it may think

fit.

=ARTICLE 410.=--If no statement is received within a reasonable time

from the Government in question, or if the statement when received is

not deemed to be satisfactory by the Governing Body, the latter shall

have the right to publish the representation and the statement, if any,

made in reply to it.

=ARTICLE 411.=--Any of the members shall have the right to file a

complaint with the International Labor Office if it is not satisfied

that any other member is securing the effective observance of any

convention which both have ratified in accordance with the foregoing

articles.

The Governing Body may, if it thinks fit, before referring such a

complaint to a Commission of inquiry, as hereinafter provided for,

communicate with the Government in question in the manner described in

Article 409.

If the Governing Body does not think it necessary to communicate the

complaint to the Government in question, or if, when they have made such

communication, no statement in reply has been received within a

reasonable time which the Governing Body considers to be satisfactory,

the Governing Body may apply for the appointment of a Commission of

inquiry to consider the complaint and to report thereon.

The Governing Body may adopt the same procedure either of its own motion

or on receipt of a complaint from a Delegate to the Conference.

When any matter arising out of Articles 410 or 411 is being considered

by the Governing Body, the Government in question shall, if not already

represented thereon, be entitled to send a representative to take part

in the proceedings of the Governing Body while the matter is under

consideration. Adequate notice of the date on which the matter will be

considered shall be given to the Government in question.

=ARTICLE 412.=--The Commission of Inquiry shall be constituted in

accordance with the following provisions:

Each of the members agrees to nominate within six months of the date on

which the present Treaty comes into force three persons of industrial

experience, of whom one shall be a representative of employers, one a

representative of workers, and one a person of independent standing, who

shall together form a panel from which the members of the Commission of

Inquiry shall be drawn.

The qualifications of the persons so nominated shall be subject to

scrutiny by the Governing Body, which may by two-thirds of the votes

cast by the representatives present refuse to accept the nomination of

any person whose qualifications do not in its opinion comply with the

requirements of the present article.

Upon the application of the Governing Body, the Secretary-General of the

League of Nations shall nominate three persons, one from each section of

this panel, to constitute the Commission of Inquiry, and shall designate

one of them as the President of the commission. None of these three

persons shall be a person nominated to the panel by any member directly

concerned in the complaint.

=ARTICLE 413.=--The members agree that, in the event of the reference of

a complaint to a commission of inquiry under Article 411, they will

each, whether directly concerned in the complaint or not, place at the

disposal of the commission all the information in their possession which

bears upon the subject-matter of the complaint.

=ARTICLE 414.=--When the Commission of Inquiry has fully considered the

complaint, it shall prepare a report embodying its findings on all

questions of fact relevant to determining the issue between the parties

and containing such recommendations as it may think proper as to the

steps which should be taken to meet the complaint and the time within

which they should be taken.

It shall also indicate in this report the measures, if any, of an

economic character against a defaulting Government which it considers to

be appropriate, and which it considers other Governments would be

justified in adopting.

=ARTICLE 415.=--The Secretary-General of the League of Nations shall

communicate the report of the Commission of Inquiry to each of the

Governments concerned in the complaint, and shall cause it to be

published.

Each of these Governments shall within one month inform the

Secretary-General of the League of Nations whether or not it accepts the

recommendations contained in the report of the Commission; and if not,

whether it proposes to refer the complaint to the Permanent Court of

International Justice of the League of Nations.

=ARTICLE 416.=--In the event of any member failing to take the action

required by Article 405, with regard to a recommendation or draft

convention, any other member shall be entitled to refer the matter to

the Permanent Court of International Justice.

=ARTICLE 417.=--The decision of the Permanent Court of International

Justice in regard to a complaint or matter which has been referred to it

in pursuance of Article 415 or Article 416 shall be final.

=ARTICLE 418.=--The Permanent Court of International Justice may affirm,

vary or reverse any of the findings or recommendations of the Commission

of Inquiry, if any, and shall in its decision indicate the measures, if

any, of an economic character which it considers to be appropriate, and

which other Governments would be justified in adopting against a

defaulting Government.

=ARTICLE 419.=--In the event of any member failing to carry out within

the time specified the recommendations, if any, contained in the report

of the Commission of Inquiry, or in the decision of the Permanent Court

of International Justice, as the case may be, any other member may take

against that member the measures of an economic character indicated in

the report of the Commission or in the decision of the Court as

appropriate to the case.

=ARTICLE 420.=--The defaulting Government may at any time inform the

Governing Body that it has taken the steps necessary to comply with the

recommendations of the Commission of Inquiry or with those in the

decision of the Permanent Court of International Justice, as the case

may be, and may request it to apply to the Secretary-General of the

League to constitute a commission of Inquiry to verify its contention.

In this case the provisions of Articles 412, 413, 414, 415, 417 and 418

shall apply, and if the report of the Commission of Inquiry or the

decision of the Permanent Court of International Justice is in favor of

the defaulting Government, the other Governments shall forthwith

discontinue the measures of an economic character that they have taken

against the defaulting Government.

CHAPTER III.--GENERAL

=ARTICLE 421.=--The members engage to apply conventions which they have

ratified in accordance with the provisions of this part of the present

treaty to their colonies, protectorates, and possessions which are not

fully self-governing:

1. Except where owing to the local conditions the convention is

inapplicable, or

2. Subject to such modifications as may be necessary to adapt the

convention to local conditions.

And each of the members shall notify to the International Labor Office

the action taken in respect of each of its colonies, protectorates, and

possessions which are not fully self-governing.

=ARTICLE 422.=--Amendments to this part of the present treaty which are

adopted by the Conference by a majority of two-thirds of the votes cast

by the delegates present shall take effect when ratified by the States

whose representatives compose the Council of the League of Nations and

by three-fourths of the members.

=ARTICLE 423.=--Any question or dispute relating to the interpretation

of this part of the present treaty or of any subsequent convention

concluded by the members in pursuance of the provisions of this part of

the present treaty shall be referred for decision to the Permanent Court

of International Justice.

CHAPTER IV.--TRANSITORY PROVISIONS

=ARTICLE 424.=--The first meeting of the Conference shall take place in

October, 1919. The place and agenda for this meeting shall be as

specified in the Annex hereto.

Arrangements for the convening and the organization of the first meeting

of the Conference will be made by the Government designated for the

purpose in the said Annex. That Government shall be assisted in the

preparation of the documents for submission to the Conference by an

International Committee constituted as provided in the said Annex.

The expenses of the first meeting and of all subsequent meetings held

before the League of Nations has been able to establish a general fund,

other than the expenses of delegates and their advisers, will be borne

by the members in Accordance with the apportionment of the expenses of

the International Bureau of the Universal Postal Union.

=ARTICLE 425.=--Until the League of Nations has been constituted all

communications which under the provisions of the foregoing articles

should be addressed to the Secretary-General of the League will be

preserved by the Director of the International Labor Office, who will

transmit them to the Secretary-General of the League.

=ARTICLE 426.=--Pending the creation of a Permanent Court of

International Justice, disputes which in accordance with this part of

the present treaty would be submitted to it for decision will be

referred to a tribunal of three persons appointed by the Council of the

League of Nations.

ANNEX

_First Meeting of Annual Labor Conference, 1919_

The place of meeting will be Washington.

The Government of the United States of America is requested to convene

the conference.

The International Organizing Committee will consist of seven members,

appointed by the United States of America, Great Britain, France, Italy,

Japan, Belgium, and Switzerland. The committee may, if it thinks

necessary, invite other members to appoint representatives.

Agenda:

1. Application of principle of the 8-hours day or of the 48-hours week.

2. Question of preventing or providing against unemployment.

3. Women's employment.

(a) Before and after childbirth, including the question of

maternity benefit.

(b) During the night.

(c) In unhealthy processes.

4. Employment of children:

(a) Minimum age of employment.

(b) During the night.

(c) In unhealthy processes.

5. Extension and application of the International Conventions adopted at

Berne in 1906 on the prohibition of night work for women employed in

industry and the prohibition of the use of white phosphorus in the

manufacture of matches.

SECTION II.--_General Principles_

=ARTICLE 427.=--The High Contracting Parties, recognizing that the

well-being, physical, moral, and intellectual, of industrial wage

earners is of supreme international importance, have framed, in order to

further this great end, the permanent machinery provided for in Section

I, and associated with that of the League of Nations.

They recognize that differences of climate, habits, and customs, of

economic opportunity and industrial tradition, make strict uniformity in

the conditions of labor difficult of immediate attainment. But, holding

as they do, that labor should not be regarded merely as an article of

commerce, they think that there are methods and principles for

regulating labor conditions which all industrial communities should

endeavor to apply, so far as their special circumstances will permit.

Among these methods and principles, the following seem to the High

Contracting Parties to be of special and urgent importance:

First--The guiding principle above enunciated that labor should not be

regarded merely as a commodity or article of commerce.

Second--The right of association for all lawful purposes by the employed

as well as by the employers.

Third--The payment to the employed of a wage adequate to maintain a

reasonable standard of life as this is understood in their time and

country.

Fourth--The adoption of an eight hours day or a forty-eight hours week

as the standard to be aimed at where it has not already been attained.

Fifth--The adoption of a weekly rest of at least twenty-four hours,

which should include Sunday wherever practicable.

Sixth--The abolition of child labor and the imposition of such

limitations on the labor of young persons as shall permit the

continuation of their education and assure their proper physical

development.

Seventh--The principle that men and women should receive equal

remuneration for work of equal value.

Eighth--The standard set by law in each country with respect to the

conditions of labor should have due regard to the equitable economic

treatment of all workers lawfully resident therein.

Ninth--Each State should make provision for a system of inspection in

which women should take part in order to insure the enforcement of the

laws and regulations for the protection of the employed.

Without claiming that these methods and principles are either complete

or final, the High Contracting Parties are of opinion that they are well

fitted to guide the policy of the League of Nations; and that, if

adopted by the industrial communities who are members of the League, and

safeguarded in practice by an adequate system of such inspection, they

will confer lasting benefits upon the wage earners of the world.

PART XIV

Guarantees

SECTION I.--_Western Europe_

=ARTICLE 428.=--As a guarantee for the execution of the present treaty

by Germany, the German territory situated to the west of the Rhine,

together with the bridgeheads, will be occupied by Allied and Associated

troops for a period of fifteen years from the coming into force of the

present treaty.

=ARTICLE 429.=--If the conditions of the present treaty are faithfully

carried out by Germany, the occupation referred to in Article 428 will

be successively restricted as follows:

(i) At the expiration of five years there will be evacuated:--the

bridgehead of Cologne and the territories north of a line running along

the Ruhr, then along the railway Jülich, Duren, Euskirchen, Rheinbach,

thence along the road Rheinbach to Sinzig, and reaching the Rhine at the

confluence with the Ahr; the roads, railways and places mentioned above

being excluded from the area evacuated.

(ii) At the expiration of ten years, there will be evacuated:--the

bridgehead of Coblenz and the territories north of a line to be drawn

from the intersection between the frontiers of Belgium, Germany and

Holland, running about 4 kilometers south of Aix-la-Chapelle, then to

and following the crest of Forst Gremünd, then east of the railway of

the Urft Valley, then along Blankenheim, Valdorf, Dreis, Ulmen to and

following the Moselle from Bremm to Nehren, then passing by Kappel and

Simmern, then following the ridge of the heights between Simmern and the

Rhine and reaching this river at Bacharach; all the places, valleys,

roads and railways mentioned above being excluded from the area

evacuated.

(iii) At the expiration of fifteen years there will be evacuated:--the

bridgehead of Mainz, the bridgehead of Kehl and the remainder of the

German territory under occupation.

If at that date the guarantees against unprovoked aggression by Germany

are not considered sufficient by the Allied and Associated Governments

the evacuation of the occupying troops may be delayed to the extent

regarded as necessary for the purpose of obtaining the required

guarantees.

=ARTICLE 430.=--In case either during the occupation or after the

expiration of the fifteen years referred to above, the Reparation

Commission finds that Germany refuses to observe the whole or part of

her obligations under the present treaty with regard to reparation, the

whole or part of the areas specified in Article 429 will be re-occupied

immediately by the Allied of the employed.

=ARTICLE 431.=--If before the expiration of the period of fifteen years

Germany complies with all the undertakings resulting from the present

treaty, the occupying forces will be withdrawn immediately.

=ARTICLE 432.=--All matters relating to the occupation and not provided

for by the present treaty shall be regulated by subsequent agreements,

which Germany hereby undertakes to observe.

SECTION II.--_Eastern Europe_

=ARTICLE 433.=--As a guarantee for the execution of the provisions of

the present treaty, by which Germany accepts definitely the abrogation

of the Brest-Litovsk Treaty, and of all treaties, conventions and

agreements entered into by her with the Maximalist Government in Russia,

and in order to insure the restoration of peace and good government in

the Baltic Provinces and Lithuania, all German troops at present in the

said territories shall return to within the frontiers of Germany as soon

as the Governments of the principal Allied and Associated Powers shall

think the moment suitable, having regard to the internal situation of

these territories. These troops shall abstain from all requisitions and

seizures and from any other coercive measures, with a view to obtaining

supplies intended for Germany, and shall in no way interfere with such

measures for national defense as may be adopted by the provisional

Governments of Esthonia, Letvia, and Lithuania.

No other German troops shall, pending the evacuation or after the

evacuation is complete, be admitted to the said territories.

PART XV

Miscellaneous Provisions

=ARTICLE 434.=--Germany undertakes to recognize the full force 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, and to recognize whatever disposition may be made concerning

the territories of the former Austro-Hungarian Monarchy, of the Kingdom

of Bulgaria, and of the Ottoman Empire, and to recognize the new States

within their frontiers as there laid down.

=ARTICLE 435.=--The high contracting parties, while they recognize the

guarantees stipulated by the treaties of 1815, and especially by the Act

of 20th November, 1815, in favor of Switzerland, the said guarantees

constituting international obligations for the maintenance of peace,

declare nevertheless that the provisions of these treaties, conventions,

declarations and other supplementary acts concerning the neutralized

zone of Savoy, as laid down in paragraph 1 of Article 92 of the Final

Act of the Congress of Vienna, and in paragraph 2 of Article 3 of the

Treaty of Paris of 20th November, 1815, are no longer consistent with

present conditions. For this reason the high contracting parties take

note of the agreement reached between the French Government and the

Swiss Government for the abrogation of the stipulations relating to this

zone which are and remain abrogated.

The high contracting parties also agree that the stipulations of the

treaties of 1815 and of the other supplementary acts concerning the free

zones of Upper Savoy and the Gex district are no longer consistent with

present conditions, and that it is for France and Switzerland to come to

an agreement together with a view to settling between themselves the

status of these territories under such conditions as shall be considered

suitable by both countries.

ANNEX

1. The Swiss Federal Council has informed the French Government on the

5th May, 1919, that after examining the provisions of Article 435 in a

like spirit of sincere friendship it has happily reached the conclusion

that it was possible to acquiesce in it under the following conditions

and reservations:

First--The neutralized zone of Haute-Savoie:

(a) It will be understood that as long as the Federal Chambers have not

ratified the agreement come to between the two Governments concerning

the abrogation of the stipulations in respect of the neutralized zone of

Savoy nothing will be definitely settled, on one side or the other, in

regard to this subject.

(b) The assent given by the Swiss Government to the abrogation of the

above-mentioned stipulations presupposes, in conformity with the text

adopted, the recognition of the guarantees formulated in favor of

Switzerland by the treaties of 1815 and particularly by the declaration

of 20th November, 1815.

(c) The agreement between the Governments of France and Switzerland for

the abrogation of the above-mentioned stipulations will only be

considered as valid if the treaty of peace contains this article in its

present wording. In addition, the parties to the treaty of peace should

endeavor to obtain the assent of the signatory powers of the treaties of

1815 and of the declaration of 20th November, 1815, which are not

signatories of the present treaty of peace.

Second--Free zone of Haute-Savoie and the district of Gex.

(a) The Federal Council makes the most express reservations to the

interpretation to be given to the statement mentioned in the last

paragraph of the above article for insertion in the treaty of peace,

which provides that "the stipulations of the treaties of 1815 and other

supplementary acts concerning the free zones of Haute-Savoie and the Gex

district are no longer consistent with the present conditions." The

Federal Council would not wish that its acceptance of the above wording

should lead to the conclusion that it would agree to the suppression of

a system intended to give neighboring territory the benefit of a special

régime which is appropriate to the geographical and economical situation

and which has been well tested.

In the opinion of the Federal Council the question is not the

modification of the customs system of the zones as set up by the

treaties mentioned above, but only the regulation in a manner more

appropriate to the economic conditions of the present day of the terms

of the exchange of goods between the regions in question. The Federal

Council has been led to make the preceding observations by the perusal

of the draft convention concerning the future constitution of the zones,

which was annexed to the note of April 26 from the French Government.

While making the above reservations the Federal Council declares its

readiness to examine in the most friendly spirit any proposals which the

French Government may deem it convenient to make on the subject.

(b) It is conceded that the stipulations of the treaties of 1815 and

other supplementary acts relative to the free zones will remain in force

until a new arrangement is come to between France and Switzerland to

regulate matters in this territory.

2. The French Government have addressed to the Swiss Government, on May

18, 1919, the following note in reply to the communication set out in

the preceding paragraph:

In a note dated May 5 the Swiss Legation in Paris was good enough to

inform the Government of the French Republic that the Federal Government

adhered to the proposed article to be inserted in the Treaty of Peace

between the Allied and Associated Governments and Germany.

The French Government have taken note with much pleasure of the

agreement thus reached, and, at their request, the proposed article,

which had been accepted by the Allied and Associated Governments, has

been inserted under No. 435 in the peace conditions presented to the

German plenipotentiaries.

The Swiss Government, in their note of May 5, on this subject, have

expressed various views and reservations.

Concerning the observations relating to the free zones of Haute-Savoie

and the Gex district, the French Government have the honor to observe

that the provisions of the last paragraph of Article 435 are so clear

that their purport cannot be misapprehended, especially where it implies

that no other power but France and Switzerland will in future be

interested in that question.

The French Government, on their part, are anxious to protect the

interests of the French territories concerned, and, with that object,

having their special situation in view, they bear in mind the

desirability of assuring them a suitable customs régime and determining,

in a manner better suited to present conditions, the methods of

exchanges between these territories and the adjacent Swiss territories,

while taking into account the reciprocal interests of both regions.

It is understood that this must in no way prejudice the right of France

to adjust her customs line in this region in conformity with her

political frontier, as is done on the other portions of her territorial

boundaries, and as was done by Switzerland long ago on her own

boundaries in this region.

The French Government are pleased to note on this subject in what a

friendly disposition the Swiss Government take this opportunity of

declaring their willingness to consider any French proposal dealing with

the system to be substituted for the present régime of the said free

zones, which the French Government intend to formulate in the same

friendly spirit.

Moreover, the French Government have no doubt that the provisional

maintenance of the régime of 1815 as to the free zones referred to in

the above-mentioned paragraph of the note from the Swiss Legation of May

5, whose object is to provide for the passage from the present régime to

the conventional régime, will cause no delay whatsoever in the

establishment of the new situation which has been found necessary by the

two Governments. This remark applies also to the ratification by the

Federal Chambers, dealt with in Paragraph 1 (a), of the Swiss note of

May 5, under the heading "Neutralized Zone of Haute-Savoie."

=ARTICLE 436.=--The high contracting parties declare and place on record

that they have taken note of the treaty signed by the Government of the

French Republic on July 17th, 1918, with His Serene Highness the Prince

of Monaco defining the relations between France and the Principality.

=ARTICLE 437.=--The high contracting parties agree that, in the absence

of a subsequent agreement to the contrary, the Chairman of any

commission established by the present treaty shall, in the event of an

equality of votes, be entitled to a second vote.

=ARTICLE 438.=--The Allied and Associated Powers agree that where

Christian religious missions were being maintained by German societies

or persons in territory belonging to them, or of which the government is

intrusted to them in accordance with the present treaty, the property

which these missions or missionary societies possessed, including that

of trading societies whose profits were devoted to the support of

missions, shall continue to be devoted to missionary purposes. In order

to insure the due execution of this undertaking the Allied and

Associated Governments will hand over such property to boards of

trustees appointed by or approved by the Governments and composed of

persons holding the faith of the mission whose property is involved.

The Allied and Associated Governments, while continuing to maintain full

control as to the individuals by whom the missions are conducted, will

safeguard the interests of such missions.

Germany, taking note of the above undertaking, agrees to accept all

arrangements made or to be made by the Allied or Associated Government

concerned for carrying on the work of the said missions or trading

societies and waives all claims on their behalf.

=ARTICLE 439.=--Without prejudice to the provisions of the present

treaty, Germany undertakes not to put forward directly or indirectly

against any Allied or Associated Power, signatory of the present treaty,

including those which without having declared war, have broken off

diplomatic relations with the German Empire, any pecuniary claim based

on events which occurred at any time before the coming into force of the

present treaty.

The present stipulation will bar completely and finally all claims of

this nature, which will be thenceforward extinguished, whoever may be

the parties in interest.

=ARTICLE 440.=--Germany accepts and recognizes as valid and binding all

decrees and orders concerning German ships and goods and all orders

relating to the payment of costs made by any prize court of any of the

Allied or Associated Powers, and undertakes not to put forward any claim

arising out of such decrees or orders on behalf of any German national.

The Allied and Associated Powers reserve the right to examine in such

manner as they may determine all decisions and orders of German Prize

Courts, whether affecting the property rights of nationals of those

powers or of neutral powers. Germany agrees to furnish copies of all the

documents constituting the record of the cases, including the decisions

and orders made, and to accept and give effect to the recommendations

made after such examination of the cases.

The present treaty, of which the French and English texts are both

authentic, shall be ratified.

The deposit of ratifications shall be made at Paris as soon as possible.

Powers of which the seat of the Government is outside Europe will be

entitled merely to inform the Government of the French Republic through

their diplomatic representative at Paris that their ratification has

been given; in that case they must transmit the instrument of

ratification as soon as possible.

A first procès-verbal of the deposit of ratifications will be drawn up

as soon as the treaty has been ratified by Germany on the one hand, and

by three of the principal Allied and Associated Powers on the other

hand.

From the date of the first procès-verbal the treaty will come into force

between the high contracting parties who have ratified it. For the

determination of all periods of time provided for in the present treaty

this date will be the date of the coming into force of the treaty.

In all other respects the treaty will enter into force for each power at

the date of the deposit of its ratification.

The French Government will transmit to all the signatory powers a

certified copy of the procès-verbaux of the deposit of ratifications.

IN FAITH WHEREOF the above-named plenipotentiaries (1) except as

indicated in the footnotes to the preamble, have signed the present

treaty.

DONE AT VERSAILLES, in a single copy which will remain deposited in the

archives of the French Republic, and of which authenticated copies will

be transmitted to each of the signatory powers.

REJECTION OF THE PEACE TREATY

The Senate Fails to Ratify the Treaty of Versailles With the Revised

Lodge Reservations by a Vote of 49 to 35

The Treaty of Versailles with the Covenant of The League of Nations was

signed on June 28, 1919, by Germany and by the representatives of the

Allied and Associated Powers, with the exception of China.

It was ratified by the German National Assembly on July 10th; by the

British Parliament on July 25th, and by King George on July 31st, by the

King of Italy on October 7th, by France on October 13th and by Japan on

October 27th.

On the day the Treaty was signed President Wilson sailed for New York,

and on July 10th he addressed the Senate and submitted the Treaty to

that body, which under the Constitution is empowered to give its "advice

and consent" to treaties negotiated by the Chief Executive. Opposition

to the Covenant of the League of Nations had previously developed in the

Senate, especially on the part of the Republican majority. The Foreign

Affairs Committee, of which Senator Lodge of Massachusetts was Chairman,

was from the start unalterably opposed to the Treaty unless it contained

as amendments or as reservations clauses which, it was claimed, would

safeguard American interests and institutions. In February the

President, who had made a hurried trip from Paris in order to acquaint

the American people with the details of the Treaty as it affected this

country, conferred at the White House with the Foreign Relations

Committee of the Senate and the Foreign Affairs Committee of the House,

on which occasion there was a frank and comprehensive discussion, a

complete stenographic report of which was published in the press. On

March 3rd Senator Lodge presented a resolution signed by 39 Republican

Senators and Senators-elect protesting against the Covenant of The

League of Nations, as it stood. As it required a two-thirds vote of the

Senate to ratify, these 39 opponents of the treaty would be sufficient

to reject it, and the virtual effect of this resolution was to give

warning to the President that the Treaty unless it were to be

"Americanized" would fail of ratification.

The President on March 5th sailed from New York and returned to Paris to

take up his work at the Peace Conference, remaining there until the

Treaty was signed.

On July 15th, the Foreign Relations Committee took the Treaty under

consideration and conducted hearings on it. One of these, continuing for

several days, was for the purpose of exposing what the Committee

regarded as the unjust treatment of China in respect of the cession to

Japan, under the Treaty, of the German rights in Shantung (Kiauchau).

On August 19th, the Foreign Relations Committee again conferred at the

White House with the President, and on September 3rd the President

started on a tour of the country to win support for the Treaty and The

League of Nations.

On September 10th the Foreign Relations Committee reported the Treaty to

the Senate with 45 amendments and four reservations.

On September 26th, owing to a nervous breakdown, the President at

Wichita, Kansas, gave up his tour of the country and returned to

Washington.

What were known as the Fall amendments to the Treaty were defeated in

the Senate on October 2nd by 58 to 30, and as this vote indicated the

unlikelihood of amendments being passed, the Republicans of the Foreign

Relations Committee changed their tactics, abandoning amendments and

considering reservations instead. It had been pointed out that American

amendments to the Treaty would require ratification by Germany and that

this might nullify the whole Treaty and necessitate the re-opening of

negotiations, thereby delaying peace indefinitely.

On October 4th the Massachusetts Republican State Convention, before

which Senator Lodge spoke in defense of his attitude on the Treaty,

urged prompt ratification of the Peace Treaty with "reasonable and

effective" reservations.

On October 15th by a vote of 55 to 35 the Senate rejected a proposed

amendment of the Foreign Relations Committee to the clause affecting the

German rights in Shantung by virtue of which these would be transferred

to China.

The deadlock in the Senate had meanwhile aroused widespread criticism

throughout the country, the attitude of the Republican majority being

vigorously objected to by influential members of that party. Public

opinion both in and out of the Republican party was generally in favor

of ratification with reservations, as was repeatedly indicated by

"straw" votes among the people.

RATIFICATION, WITH ORIGINAL LODGE RESERVATIONS, DEFEATED NOV. 19, 1919.

On November 6th Senator Lodge presented 14 reservations which had been

agreed to by the majority members of the Foreign Relations Committee. On

November 19th, they were voted on by the Senate, being coupled with the

following resolution of ratification:

_Resolved (two-thirds of the Senators present concurring therein)_, That

the Senate advise and consent to the ratification of the Treaty of Peace

with Germany concluded at Versailles on the 28th day of June, 1919

subject to the following reservations and understandings, which are

hereby made a part and condition to this resolution of ratification,

which ratification is not to take effect or bind the United States until

the said reservations and understandings adopted by the Senate have been

accepted by an exchange of notes as a part and a condition of this

resolution of ratification by at least three of the four principal

allied and associated powers, to wit, Great Britain, France, Italy, and

Japan.

1. The United States so understands and construes Article I that in case

of notice of withdrawal from the League of Nations, as provided in said

article, the United States shall be the sole judge as to whether all its

international obligations and all its obligations under the said

covenant have been fulfilled, and notice of withdrawal by the United

States may be given by a concurrent resolution of the Congress of the

United States.

2. The United States assumes no obligation to preserve the territorial

integrity or political independence of any other country or to

interfere in controversies between nations--whether members of the

League or not--under the provisions of Article 10, or to employ the

military or naval forces of the United States under any article of the

Treaty for any purpose, unless in any particular case the Congress,

which, under the Constitution, has the sole power to declare war or

authorize the employment of the military or naval forces of the United

States, shall by act or joint resolution so provide.

3. No mandate shall be accepted by the United States under Article 22,

Part 1, or any other provision of the Treaty of Peace with Germany,

except by action of the Congress of the United States.

4. The United States reserves to itself exclusively the right to decide

what questions are within its domestic jurisdiction and declares that

all domestic and political questions relating wholly or in part to its

internal affairs, including immigration, labor, coastwise traffic, the

tariff, commerce, the suppression of traffic in women and children, and

in opium and other dangerous drugs, and all other domestic questions,

are solely within the jurisdiction of the United States and are not

under this Treaty to be submitted in any way either to arbitration or to

the consideration of the Council or of the Assembly of the League of

Nations, or any agency thereof, or to the decision or recommendation of

any other power.

5. The United States will not submit to arbitration or to inquiry by the

Assembly or by the Council of the League of Nations, provided for in

said Treaty of Peace, any questions which in the judgment of the United

States depend upon or relate to its long-established policy, commonly

known as the Monroe Doctrine; said doctrine is to be interpreted by the

United States alone and is hereby declared to be wholly outside the

jurisdiction of said League of Nations and entirely unaffected by any

provision contained in the said Treaty of Peace with Germany.

6. The United States withholds its assent to Articles 156, 157, and 158,

and reserves full liberty of action with respect to any controversy

which may arise under said articles between the Republic of China and

the Empire of Japan.

7. The Congress of the United States will provide by law for the

appointment of the representatives of the United States in the Assembly

and the Council of the League of Nations, and may in its discretion

provide for the participation of the United States in any commission,

committee, tribunal, court, council, or conference, or in the selection

of any members thereof and for the appointment of members of said

commissions, committees, tribunals, courts, councils, or conferences, or

any other representatives under the Treaty of Peace, or in carrying out

its provisions, and until such participation and appointment have been

so provided for and the powers and duties of such representatives have

been defined by law, no person shall represent the United States under

either said League of Nations or the Treaty of Peace with Germany, or be

authorized to perform any act for or on behalf of the United States

thereunder, and no citizen of the United States shall be selected or

appointed as a member of said commissions, committees, tribunals,

courts, councils, or conferences except with the approval of the Senate

of the United States.

8. The United States understands that the Reparation Commission will

regulate or interfere with exports from the United States to Germany, or

from Germany to the United States, only when the United States by act or

joint resolution of Congress approves such regulation or interference.

9. The United States shall not be obligated to contribute to any

expenses of the League of Nations, or of the secretariat, or of any

commission, or committee, or conference, or other agency, organized

under the League of Nations or under the Treaty or for the purpose of

carrying out the Treaty provisions, unless and until an appropriation of

funds available for such expenses shall have been made by the Congress

of the United States.

10. If the United States shall at any time adopt any plan for the

limitation of armaments proposed by the Council of the League of

Nations, under the provisions of Article 8, it reserves the right to

increase such armaments without the consent of the Council whenever the

United States is threatened with invasion or engaged in war.

11. The United States reserves the right to permit, in its discretion,

the nationals of a covenant-breaking State, as defined in Article 16 of

the covenant of the League of Nations, residing within the United States

or in countries other than that violating said Article 16, to continue

their commercial, financial, and personal relations with the nationals

of the United States.

12. Nothing in Articles 296, 297, or in any of the annexes thereto or in

any other article, section, or annex of the Treaty of Peace with Germany

shall, as against citizens of the United States, be taken to mean any

confirmation, ratification, or approval of any act otherwise illegal or

in contravention of the right of citizens of the United States.

13. The United States withholds its assent to Part XIII. (Articles 387

to 427, inclusive) unless Congress by act or joint resolution shall

hereafter make provision for representation in the organization

established by said Part XIII, and in such event the participation of

the United States will be governed and conditioned by the provisions of

such act or joint resolution.

14. The United States assumes no obligation to be bound by any election,

decision, report, or finding of the council, or assembly in which any

member of the League and its self-governing dominions, colonies, or

parts of empire, in the aggregate have cast more than one vote, and

assumes no obligation to be bound by any decision, report, or finding of

the council or assembly arising out of any dispute between the United

States and any member of the League if such member, or any

self-governing dominion, colony, empire, or part of empire united with

it politically has voted.

Ratification of the above resolution required a two-thirds vote. The

resolution was lost 55 to 39, the votes of 13 Republican

"irreconcilables" being cast against the resolution. On a motion to

reconsider, the resolution was again voted on, this time the vote being

51 to 41. Senator Underwood's motion for unconditional ratification of

the Treaty without reservation was then lost 53 to 38.

The crux of the opposition to the Treaty was Article X. In President

Wilson's view, the Lodge reservation to this article cut the heart out

of the League of Nations, and nullified its whole structure and

practical operation. For a time it looked as if the Peace Treaty was

dead. Public opinion, however, insisted that the Treaty must not be

allowed to die and that the United States was morally obligated to the

rest of the world to take its place in the family of nations as a

signatory to the Treaty with such interpretative reservations as would

protect America's interests, and at the same time not antagonize other

nations.

Early in January, 1920, the President in a letter to Senator Hitchcock

declared against "strong" reservations, and on January 15th, with a view

to reaching a compromise, there began a series of bi-partisan

conferences among Senators at which were discussed the various

reservations that had been a stumbling block, but no agreement could be

reached. As before, the phraseology and intent of Article X was the

principal bone of contention.

THE TREATY AGAIN BEFORE THE SENATE

On February 10th Senator Lodge reported the Treaty a second time to the

Senate, and with the original set of reservations. After another month

of debate and of organized efforts on the part of public spirited

citizens to exert pressure on the Senators to settle their differences

and give the nation what it demanded--a Treaty of Peace--the lines were

again drawn preparatory to another vote. The Senate, sitting in

Committee of the Whole, took up the Lodge reservations, one after

another, accepting some virtually without change, modifying or

amplifying others, until all but Article X had been agreed upon.

Various new drafts of this reservation were suggested, both by Senators

and by private citizens; some of these were voted on, but none could

muster the votes necessary for adoption.

Early in March a compromise reservation was worked out by Republicans

and Democrats, and this was made the occasion of an effort to induce the

President to give his views on Article X. For convenience in comparison,

Article X of the League of Nations, the original Lodge reservation, and

the proposed compromise reservation, are reproduced herewith:

ARTICLE X OF THE LEAGUE

The members of the League undertake to respect and preserve as

against external aggression the territorial integrity and

existing political independence of all members of the League.

In case of any such aggression the Council shall advise upon

the means by which this obligation shall be fulfilled.

THE ORIGINAL LODGE RESERVATION

The United States assumes no obligation to preserve the

territorial integrity or political independence of any other

country or to interfere in controversies between

nations--whether members of the League or not--under the

provision of Article X., or to employ the military or naval

forces of the United States under any article of the Treaty for

any purpose, unless in any particular case the Congress, which

under the Constitution has the sole power to declare war or

authorize the employment of the military or naval forces of the

United States, shall by act or joint resolution so provide.

THE PROPOSED COMPROMISE RESERVATION

The United States assumes no obligation to employ its military

or naval forces, its resources, or the economic boycott to

preserve the territorial integrity or political independence of

any other country under the provisions of Article X., or to

employ the military or naval forces of the United States under

any other article of the Treaty for any purpose, unless in any

particular case the Congress, which, under the Constitution,

has the sole power to declare war, shall, by act or joint

resolution, so provide.

ARTICLE X, SAYS WILSON, NULLIFIES A SACRED OBLIGATION

The President expressed his views on Article X and the proposed

reservations to it in a letter to Senator Hitchcock under date of March

8th, in which he said:

"There is no escaping the moral obligations which are expressed

in positive terms in this article of the covenant. We won a

moral victory over Germany, far greater even than the military

victory won on the field of battle, because the opinion of the

whole world swung to our support and the support of the nations

associated with us in the great struggle. It did so because of

our common profession and promise that we meant to establish

'an organization of peace which should make it certain that the

combined power of free nations would check every invasion of

right, and serve to make peace and justice the more secure by

affording a definite tribunal of opinion to which all must

submit and by which every international readjustment that

cannot be amicably agreed upon by the peoples directly

concerned shall be sanctioned.'

"This promise and assurance were written into the preliminaries

of the armistice and into the preliminaries of the peace itself

and constitute one of the most sacred obligations ever assumed

by any nation or body of nations. It is unthinkable that

America should set the example of ignoring such a solemn moral

engagement.

"For myself, I feel that I could not look the soldiers of our

gallant armies in the face again if I did not do everything in

my power to remove every obstacle that lies in the way of the

adoption of this particular article of the covenant, because we

made these pledges to them as well as to the rest of the world,

and it was to this cause they deemed themselves devoted in a

spirit of crusaders. I should be forever unfaithful to them if

I did not do my utmost to fulfill the high purpose for which

they fought."

"A NEW DOCTRINE IN THE WORLD'S AFFAIRS"

The President said he regarded the stipulations as to constitutional

methods required by the proposed compromise reservation as superfluous,

because it was understood at Paris that whatever duties any nation

undertook under the Treaty would as a matter of course "have to be

fulfilled by its usual and established constitutional methods of

action." He said further:

"Any reservation which seeks to deprive the League of Nations

of the force of Article X. cuts at the very heart and life of

the covenant itself. Any League of Nations which does not

guarantee as a matter of incontestable right the political

independence and integrity of each of its members might be

hardly more than a futile scrap of paper, as ineffective in

operation as the agreement between Belgium and Germany which

the Germans violated in 1914.

"Article X. as written into the Treaty of Versailles represents

the renunciation by Great Britain and Japan, which before the

war had begun to find so many interests in common in the

Pacific; by France, by Italy, by all the great fighting powers

of the world, of the old pretensions of political conquest and

territorial aggrandisement. It is a new doctrine in the world's

affairs and must be recognized or there is no secure basis for

the peace which the whole world so desperately needs.

"If Article X. is not adopted and acted upon, the Governments

which reject it will, I think, be guilty of bad faith to their

people, whom they induced to make the infinite sacrifices of

the war by the pledge that they would be fighting to redeem the

world from the old order of force and aggression. They will be

acting also in bad faith to the opinion of the world at large,

to which they appealed for support in a concerted stand against

the aggressions and pretensions of Germany.

"If we were to reject Article X. or so to weaken it as to take

its full force out of it, it would mark us as desiring to

return to the old world of jealous rivalry and

misunderstandings from which our gallant soldiers have rescued

us and would leave us without any vision or new conception of

justice and peace. We would have learned no lesson from the

war, but gained only the regret that it had involved us in its

maelstrom of suffering. If America has awakened, as the rest of

the world has, to the vision of a new day in which the mistakes

of the past are to be corrected, it will welcome the

opportunity to share the responsibilities of Article X.

"It must not be forgotten, Senator, that the article

constitutes a renunciation of all ambition on the part of

powerful nations with whom we were associated in the war. It is

by no means certain that without this article any such

renunciation will take place. Militaristic ambitions and

imperialistic policies are by no means dead, even in counsels

of the nations whom we most trust and with whom we most desire

to be associated in the tasks of peace.

DEMOCRACY VERSUS IMPERIALISM

"The choice is between two ideals; on the one hand, the ideal

of democracy, which represents the rights of free peoples

everywhere to govern themselves, and on the other hand the

ideal of imperialism which seeks to dominate by force and

unjust power, an ideal which is by no means dead and which is

earnestly held in many quarters still.

"Every imperialistic influence in Europe was hostile to the

embodiment of Article X. in the covenant of the League of

Nations, and its defeat now would mark the complete

consummation of their efforts to nullify the Treaty. I hold the

doctrine of Article X. as the essence of Americanism. We cannot

repudiate it or weaken it without at the same time repudiating

our own principles.

"The imperialist wants no League of Nations, but if, in

response to the universal cry of the masses everywhere, there

is to be one, he is interested to secure one suited to his own

purposes, one that will permit him to continue the historic

game of pawns and peoples--the juggling of provinces, the old

balances of power, and the inevitable wars attendant upon these

things.

"The reservation proposed would perpetuate the old order. Does

any one really want to see the old game played again? Can any

one really venture to take part in reviving the old order? The

enemies of a League of Nations have by every true instinct

centered their efforts against Article X., for it is

undoubtedly the foundation of the whole structure. It is the

bulwark, and the only bulwark, of the rising democracy of the

world against the forces of imperialism and reaction.

"Either we should enter the League fearlessly, accepting the

responsibility and not fearing the rôle of leadership, which we

now enjoy, contributing our efforts toward establishing a just

and permanent peace, or we should retire as gracefully as

possible from the great concert of powers, by which the world

was saved. For my own part, I am not willing to trust to the

counsel of diplomats the working out of any salvation of the

world from the things which it has suffered."

ARTICLE X AS FINALLY ADOPTED

The Article X reservation was again rewritten and when finally adopted

on March 15 by a vote of 56 to 26, read as follows:

The United States assumes no obligation to preserve the

territorial integrity or political independence of any other

country by the employment of its military or naval forces, its

resources, or any form of economic discrimination, or to

interfere in any way in controversies between nations,

including all controversies relating to territorial integrity

or political independence, whether members of the League or

not, under the provisions of Article X., or to employ the

military or naval forces of the United States, under any

article of the Treaty for any purpose, unless in any particular

case the Congress, which, under the Constitution, has the sole

power to declare war or authorize the employment of the

military or naval forces of the United States, shall, in the

exercise of full liberty of action, by act or joint resolution

so provide.

THE TREATY AGAIN REJECTED

All of the 14 reservations having been debated and adopted in the

Senate, sitting in Committee of the Whole, a fifteenth reservation

expressing sympathy with the aspirations of the Irish people having been

added, the resolution of ratification was introduced by Senator Lodge on

March 19th. The vote stood: in favor of ratification, 49; against, 35.

By this vote, the Treaty of Versailles was for the second time rejected.

The resolution was supported by 28 Republicans and 21 Democrats, and

opposed by 23 Democrats and 12 Republicans. The resolution lacked seven

votes of the necessary two-thirds, and although it was a Republican

measure, the opposition of the Republican "irreconcilables" or

"bitter-enders" was sufficient to defeat it.

THE RESERVATIONS WHICH FAILED

Text of the Preamble and Fifteen Reservations as Adopted by the Senate

Before the Final Vote on Ratification

Resolved (two-thirds of the Senators present concurring therein), That

the Senate advise and consent to the ratification of the Treaty of Peace

with Germany concluded at Versailles on the 28th day of June, 1919,

subject to the following reservations and understandings, which are

hereby made a part and condition of this resolution of ratification,

which ratification is not to take effect or bind the United States until

the said reservations and understandings adopted by the Senate have been

accepted as a part and a condition of this resolution of ratification by

the Allied and Associated Powers, and a failure on the part of the

Allied and Associated Powers to make objection to said reservations and

understandings prior to the deposit of ratification by the United States

shall be taken as a full and final acceptance of such reservations and

understandings by said powers:

1. The United States so understands and construes Article I. that in

case of notice of withdrawal from the League of Nations, as provided in

said article, the United States shall be the sole judge as to whether

all its international obligations and all its obligations under the said

covenant have been fulfilled, and notice of withdrawal by the United

States may be given by a concurrent resolution of the Congress of the

United States.

2. The United States assumes no obligation to preserve the territorial

integrity or political independence of any other country by the

employment of its military or naval forces, its resources, or any form

of economic discrimination, or to interfere in any way in controversies

between nations, including all controversies relating to territorial

integrity or political independence, whether members of the League or

not, under the provisions of Article X., or to employ the military or

naval forces of the United States, under any article of the treaty for

any purpose, unless in any particular case the Congress, which under the

Constitution has the sole power to declare war or authorize the

employment of the military or naval forces of the United States, shall,

in the exercise of full liberty of action, by act or joint resolution so

provide.

3. No mandate shall be accepted by the United States under Article

XXII., Part 1, or any other provision of the Treaty of Peace with

Germany, except by action of the Congress of the United States.

4. The United States reserves to itself exclusively the right to decide

what questions are within its domestic jurisdiction and declares that

all domestic and political questions relating wholly or in part to its

internal affairs, including immigration, labor, coastwise traffic, the

tariff, commerce, the suppression of traffic in women and children and

in opium and other dangerous drugs, and all other domestic questions,

are solely within the jurisdiction of the United States and are not

under this Treaty to be submitted in any way either to arbitration or to

the consideration of the council or of the Assembly of the League of

Nations, or any agency thereof, or to the decision or recommendation of

any other power.

5. The United States will not submit to arbitration or to inquiry by the

Assembly or by the Council of the League of Nations, provided for in

said Treaty of Peace, any questions which in the judgment of the United

States depend upon or relate to its long established policy, commonly

known as the Monroe Doctrine; said doctrine is to be interpreted by the

United States alone and is hereby declared to be wholly outside the

jurisdiction of said League of Nations and entirely unaffected by any

provision contained in the said Treaty of Peace with Germany.

6. The United States withholds its assent to Articles 156, 157, and 158,

and reserves full liberty of action with respect to any controversy

which may arise under said articles.

7. No person is or shall be authorized to represent the United States,

nor shall any citizen of the United States be eligible, as a member of

any body or agency established or authorized by said Treaty of Peace

with Germany except pursuant to an act of the Congress of the United

States providing for his appointment and defining his powers and duties.

8. The United States understands that the Reparation Commission will

regulate or interfere with exports from the United States to Germany, or

from Germany to the United States, only when the United States by act or

joint resolution of Congress approves such regulation or interference.

9. The United States shall not be obligated to contribute to any

expenses of the League of Nations, or of the Secretariat or of any

commission, or committee, or conference, or other agency, organized

under the League of Nations or under the Treaty or for the purpose of

carrying out the Treaty provisions, unless and until an appropriation of

funds available for such expenses shall have been made by the Congress

of the United States; provided, that the foregoing limitation shall not

apply to the United States' proportionate share of the expense of the

office force and salary of the Secretary General.

10. No plan for the limitation of armaments as reported by the Council

of the League of Nations under the provisions of Article 8 shall be held

as binding the United States until the same shall have been accepted by

Congress, and the United States reserves the right to increase its

armament without the consent of the Council whenever the United States

is threatened with invasion or engaged in war.

11. The United States reserves the right to permit, in its discretion,

the nationals of a covenant-breaking state as defined in Article XVI. of

the covenant of the League of Nations, residing within the United States

or in countries other than such covenant-breaking state, to continue

their commercial, financial and personal relations with the nationals of

the United States.

12. Nothing in Articles 296, 297, or in any of the annexes thereto or in

any other article, section, or annex of the Treaty of Peace with Germany

shall, as against citizens of the United States be taken to mean any

confirmation, ratification or approval of any act otherwise illegal or

in contravention of the rights of citizens of the United States.

13. The United States withholds its assent to Part XIII. (Articles 337

to 427 inclusive), unless Congress by act or joint resolution shall

hereafter make provision for representation in the organization

established by said Part XIII., and in such event the participation of

the United States will be governed and conditioned by the provisions of

such act or joint resolution.

14. Until Part 1, being the covenant of the League of Nations, shall be

so amended as to provide that the United States shall be entitled to

cast a number of votes equal to that which any member of the League and

its self-governing dominions, colonies or parts of empire, in the

aggregate, shall be entitled to cast, the United States assumes no

obligation to be bound, except in cases where Congress has previously

given its consent, by any election, decision, report, or finding of the

Council or Assembly in which any member of the League and its

self-governing dominions, colonies, or parts of empire, in the

aggregate, have cast more than one vote.

The United States assumes no obligation to be bound by any decision,

report, or finding of the Council or Assembly arising out of any dispute

between the United States and any member of the League if such member or

any self-governing dominion, colony, empire, or part of empire united

with it politically has voted.

15. In consenting to the ratification of the Treaty with Germany the

United States adheres to the principle of self-determination and to the

resolution of sympathy with the aspirations of the Irish people for a

government of their own choice adopted by the Senate June 6, 1919, and

declares that when such government is attained by Ireland, a

consummation which it is hoped is at hand, it should promptly be

admitted as a member of the League of Nations.

The First Meeting of the Council of the League of Nations

Representatives of France, Great Britain, Italy, Greece, Belgium, Spain,

Japan and Brazil, members of the Council of the League of Nations, met

on January 16, 1920, in the "cloak room" of the French Foreign Office

for the first meeting in the history of the League.

The Council organized by electing Leon Bourgeois Chairman and confirming

the choice of Sir Eric Drummond of Great Britain as General Secretary.

The first official act of the League Council was the appointment of a

commission to trace upon the spot the frontiers of the territory of the

Saar Basin.

All the members of the Council called for by the covenant of the League,

with the exception of the representative of the United States, were

present. Beside M. Bourgeois, the members were Earl Curzon, the British

Foreign Secretary, for Great Britain; Premier Venizelos, for Greece;

Carlo Ferraris, Italian Minister of Industry, Commerce, Labor and Food,

for Italy; Paul Hymans, the Belgian Foreign Minister, for Belgium; Baron

Matsui, Ambassador to France, for Japan; Dr. Gastoa da Cunha, Ambassador

to France, for Brazil; Count Quinones de Leon, Ambassador to France, for

Spain.

PEACE BY CONGRESSIONAL ENACTMENT FAILS

President Wilson Vetoes Knox Resolution Declaring State of War Ended

The failure of the Peace Treaty of ratification for the second time on

March 19, 1920, with the Lodge reservations attached, and the determined

refusal of the Republican majority to ratify it in the form desired by

President Wilson, showed quite conclusively that under existing

political alignment no peace might be expected for the country through

the Treaty of Versailles. The Republicans, therefore, turned their

efforts in a new direction to bring about peace without yielding to the

President.

On April 1st the Foreign Affairs Committee of the House of

Representatives reported favorably a joint resolution declaring the

state of war between Germany and the United States at an end and

terminating the operation of all Congressional acts and Presidential

proclamations dependent for their duration on the termination of the war

or of the "present or existing emergency." It gave Germany forty-five

days in which similarly to declare the ending of the war with the United

States, and to waive all claims against this country, which she would

not have had the right to assert had the United States ratified the

Treaty of Versailles. For failure to comply with this provision, all

commercial intercourse and the furnishing of loans and other financial

assistance by this country to Germany were prohibited, except by license

of the President. In answer to Democratic criticisms that the resolution

was not only insincere, but also unconstitutional in arrogating to

Congress the treaty-making power of the President, the Republican

leaders conceded that, while the negotiation of peace terms rested with

the President, the declaration of a status of peace was quite within the

proper functions of Congress.

TEXT OF HOUSE RESOLUTION

The original resolution, as introduced in the House, read as follows:

WHEREAS the President of the United States, in the performance

of his constitutional duty to give to Congress information of

the state of the Union, has advised Congress that the war with

the Imperial German Government has ended;

_Resolved_, by the Senate and the House of Representatives of

the United States of America in Congress assembled, That the

state of war declared to exist between the Imperial German

Government and the people of the United States by a joint

resolution of Congress, approved April 6, 1917, is hereby

declared at an end.

Section 2--That in the interpretation of any provision relating

to the date of the termination of the present war, or of the

present or existing emergency in any acts of Congress, joint

resolutions or proclamations of the President containing

provisions contingent upon the date of the termination of the

war, or of the present or existing emergency, the date when

this resolution becomes effective shall be construed and

treated as the date of the termination of the war, or of the

present or existing emergency, notwithstanding any provision in

any act of Congress or joint resolution providing any other

mode of determination of the date of the termination of the

war, or of the present or existing emergency.

Section 3--That, with a view to securing reciprocal trade with

the German Government and its nationals, and for this purpose,

it is hereby provided that unless within forty-five days from

the date when this resolution becomes effective the German

Government shall duly notify the President of the United States

that it has declared a termination of the war with the United

States and that it waives and renounces on behalf of itself and

its nationals any claim, demand, right or benefit against the

United States, or its nationals, that it or they would not have

the right to assert had the United States ratified the Treaty

of Versailles, the President of the United States shall have

the power, and it shall be his duty, to proclaim the fact that

the German Government has not given the notification

hereinbefore mentioned, and thereupon, and until the President

shall have proclaimed the receipt of such notification,

commercial intercourse between the United States and Germany

and the making of loans or credits, and the furnishing of

financial assistance or supplies to the German Government or

the inhabitants of Germany, directly or indirectly, by the

Government or the inhabitants of the United States, shall,

except with the license of the President, be prohibited.

Section 4--That whoever shall willfully violate the foregoing

prohibition, whenever the same shall be in force, shall upon

conviction be fined not more than $10,000, or, if a natural

person, imprisoned for not more than two years, or both; and

the officer, director or agent of any corporation who knowingly

participates in such violation shall be punished by a like

fine, imprisonment, or both, and any property, funds,

securities, papers, or other articles or documents, or any

vessel, together with her tackle, apparel, furniture, and

equipment, concerned in such violation, shall be forfeited to

the United States.

Section 5--That nothing herein contained shall be construed as

a waiver by the United States of its rights, privileges,

indemnities, reparations or advantages to which the United

States has become entitled under the terms of the armistice

signed November 11, 1918, or which were acquired by or are in

the possession of the United States by reason of its

participation in the war or otherwise; and all fines,

forfeitures, penalties, and seizures imposed or made by the

United States are hereby ratified, confirmed, and maintained.

MINORITY OPPOSITION

The Democratic members of the Foreign Affairs Committee presented a

minority report severely arraigning the Republican majority both for the

spirit and the provisions of the resolution, which, the report

contended, "outrageously surrendered" American rights and, by the spirit

in which it was conceived, laid open its authors to the charge of "sharp

practice." The chief points made in the minority report were:

"The preamble states that the President of the United States,

in the performance of his constitutional duty to give to

Congress information of the state of the Union, has advised

Congress that the war with the Imperial German Government has

ended. At no time and under no circumstances has the President

made any such assertion.

"It is true that, on the signing of the armistice, the

President, in the course of an address to Congress, used the

words, 'the war thus comes to an end.' But he spoke of actual

hostilities, as every one knew, and not of the technical state

of war.

"It takes a treaty to end a war. Hostilities had ceased, but

the war had not ended, and will not end until it is terminated

in a constitutional manner. The drafters of the resolution and

the members of the Committee on Foreign Affairs who voted for

it knew that this was the case.

"By quoting this statement of the President as the basis for

this resolution the authors of the resolution lay themselves

open to the charge of insincerity and sharp practice. The

President never declared that the technical state of war which

this resolution undertakes to declare at an end had come to an

end, and the Supreme Court of the United States has recently

declared that what the President had done did not announce the

termination of the war.[32]

[32] The reference is to the Supreme Court decision on the question

of war-time prohibition in the Kentucky distilleries case.

"This resolution contains some provisions that are within the

power of Congress, and others that are not. So far as it seeks

to declare peace, and so far as it seeks to direct the

President to issue a proclamation to the German Government, it

trenches upon the treaty-making powers and is not within the

power of Congress.

"So far as it prohibits the United States citizens and

residents from commercial intercourse with Germany or its

nationals, and provides penalties for the violation of such

restriction, it is valid. So far as it attempts to repeal war

legislation, it is, of course, within the power of Congress."

With regard to Section 2, which fixed the date of the termination of the

war as the date when the resolution shall become effective, the report

said:

"There is much war and emergency legislation that should be

repealed. This section does not repeal this legislation,

however, and it gives no relief from the burdens,

inconveniences, extravagances and losses which come from the

existence of this legislation. Much of this legislation is

burdensome, and oppressive in time of peace.

"Congress has the power to repeal it, and it should address

itself to this task instead of frittering away its time in

attempting to pass unconstitutional legislation for the purpose

of embarrassing the executive department of the Government, or

for some other political purpose."

Objection was raised against Section 3 for not adequately protecting

American rights. The report, which was presented by Representative

Flood, observed on this subject:

"The first thought which comes to one's mind in connection with

this section is that it gives to Germany and her nationals all

the rights they would have had if the United States had

ratified the Treaty of Versailles. Without the provisions of

the treaty great uncertainty prevails as to the title to and

right to use German ships. The Versailles Treaty contains

Germany's assent to the use of the property seized by the Alien

Property Custodian, amounting to more than $500,000,000, to pay

claims of the United States against Germany. This resolution

does not pretend to accomplish this result.

"If we are dependent for a status of peace upon this

resolution, I fail to see how we could be able to demand

reimbursement for the cost of our army of occupation.

"Under the treaty Germany can become a League of Nations

member, and, having under this resolution all the rights it

would have had under the treaty when it became a member of the

League, it would be entitled to assert against the United

States the same rights which any other nation could assert, had

our country ratified the treaty. We would thus be in the

position of being compelled to protect the independence and

territorial integrity of Germany against the aggressions of any

or all of our allies.

"Section 5 is an attempt to preserve something out of the wreck

of American rights which have been so outrageously surrendered

in former sections of the resolution."

RESOLUTION PASSES HOUSE, 242 TO 150

The first test of strength between the supporters and the opponents of

the resolution came on April 8th, when a rule limiting debate was

adopted by a nearly strict party vote of 214 to 155, the Republicans, as

were to be expected, supporting, and the Democrats opposing the rule.

The vote on the resolution itself came next day, April 9th, when, after

a flow of oratory characterized chiefly by bitterly partisan attacks

from both sides of the House, the resolution was adopted by a vote of

242 to 150. Twenty-two Democrats joined the Republicans in voting for

it, and two Republicans broke party lines in opposing it. Despite the

comfortable majority, however, the result showed that without the

President's approval efforts to declare peace by Congressional action

would prove futile, since the vote lacked twenty of the two-thirds

majority necessary to override a veto.

SENATE TAKES UP FIGHT TO FORCE PEACE

The scene now shifted to the Senate. Here the fortunes of the resolution

were placed in the hands of Senator Philander C. Knox, of Pennsylvania,

Secretary of State in President Taft's cabinet and a recognized

authority on international law. Senator Knox redrafted the House

resolution so as to repeal specifically the joint resolutions of war

against Germany on April 6, 1917, and against Austria-Hungary on

December 7, 1917, and thus, by annulling Congressional action declaring

a state of war, to re-establish _status quo ante bellum_.

Such a solution of the problem, it was felt, did not encroach at all

upon the President's right of making treaties. In fact, the resolution

specifically requested the President to open negotiations for the

purpose of establishing friendly relations and commercial intercourse

between the United States and Germany, and the United States and the

successors of the Austro-Hungarian government. The resolution also

provided for the retention by the United States government of all enemy

property seized during the war until all American claims against enemy

governments had been settled, and declared further that, although the

United States had not ratified the Treaty of Versailles, nevertheless it

did not waive any of the "rights, privileges, indemnities, reparations

or advantages" stipulated for its benefit in the terms of that document.

TEXT OF ORIGINAL KNOX RESOLUTION

The text of the Knox resolution, as favorably reported to the Senate on

April 30th by the Senate Foreign Relations Committee, read:

Joint resolution repealing the joint resolution of April 6,

1917, declaring a state of war to exist between the United

States and Germany, and the joint resolution of December 7,

1917, declaring that a state of war exists between the United

States and the Austro-Hungarian Government.

_Resolved_ by the Senate and House of Representatives of the

United States of America, in Congress assembled, that the joint

resolution of Congress passed April 6, 1917, declaring a state

of war to exist between the Imperial German Government and the

Government and people of the United States, and making

provisions to prosecute the same, be, and the same is hereby

declared at an end.

Provided, however, that all property of the Imperial German

Government or its successor or successors, and of all German

nationalists which was on April 6, 1917, in or has since that

date come into the possession or under control of the

Government of the United States or of any of its officers,

agents, or employees, from any source or by any agency

whatsoever, shall be retained by the United States and no

disposition thereof made, except as shall specifically be

hereafter provided by Congress, until such time as the German

Government has by treaty with the United States, ratification

whereof is to be made by and with the advice and consent of the

Senate, made suitable provisions for the satisfaction of all

claims against the German Government of all persons wheresoever

domiciled, who owe permanent allegiance to the United States,

whether such persons have suffered through the acts of the

German Government or its agents since July 31, 1914, loss,

damage or injury to persons or property, directly or

indirectly, through the ownership of shares of stock in German,

American, or other corporations, or otherwise, and until the

German Government has given further undertakings and made

provisions by treaty, to be ratified by and with the advice and

consent of the Senate, for granting to persons owing permanent

allegiance to the United States, most favored nation treatment,

whether the same be national or otherwise, in all matters

affecting residence, business, profession, trade, navigation,

commerce, and industrial property rights, and confirming to the

United States all fines, forfeitures, penalties, and seizures

imposed or made by the United States during the war, whether in

respect to the property of the German government or German

nationalists, and waiving any pecuniary claim based on events

which occurred at any time before the coming into force of such

treaty, any existing treaty between the United States and

Germany to the contrary notwithstanding.

To these ends, and for the purpose of establishing fully

friendly relations and commercial intercourse between the

United States and Germany, the President is hereby requested

immediately to open negotiations with the Government of

Germany.

Section 2--That in the interpretation of any provision relating

to the date of the termination of the present war or of the

present or existing emergency in any acts of Congress, joint

resolutions or proclamations of the President containing

provisions contingent upon the date of the termination of the

war or of the present or existing emergency, the date when this

resolution becomes effective, shall be construed and treated as

the date of the termination of the war or of the present or

existing emergency, notwithstanding any provision in any act of

Congress or joint resolution providing any other mode of

determining the date of the termination of the war or of the

present or existing emergency.

Section 3--That until by treaty or act or joint resolution of

Congress it shall be determined otherwise, the United States,

although it has not ratified the Treaty of Versailles, does not

waive any of the rights, privileges, indemnities, reparations,

or advantages to which it and its nationals have become

entitled under the terms of the armistice signed November 11,

1918, or any extensions or modifications thereof or which,

under the Treaty of Versailles, have been stipulated for its

benefit as one of the principal allied and associated powers

and to which it is entitled.

Section 4--That the joint resolution of Congress, approved

December 7, 1917, declaring that a state of war exists between

the Imperial and Royal Austro-Hungarian Government and the

Government and people of the United States, and making

provisions to prosecute the same, be and the same is hereby

repealed, and said state of war is hereby declared at an end,

and the President is hereby requested immediately to open

negotiations with the successor or successors of said

Government for the purpose of establishing fully friendly

relations and commercial intercourse between the United States

and the Governments and peoples of Austria and Hungary.

A DEMOCRAT PAYS HIS RESPECTS TO REPUBLICANS

The attitude of leaders of the Democratic party on Republican maneuvers

to force peace by Congressional action was indicated by a statement

issued by Homer S. Cummings, chairman of the Democratic National

Committee, in which the Knox resolution was characterized as "renewed

evidence of the moral leprosy which is eating out the heart of the

Republican party," and which, according to Mr. Cummings, proposed

dishonor in the name of peace. As reported in the press, the statement

said:

"The so-called Knox peace resolution, which has just been

reported by the Senate Committee on Foreign Relations, is

renewed evidence of the moral leprosy which is eating out the

heart of the Republican party. In the name of peace it proposes

dishonor.

"An analysis of the resolution discloses that:

"First, it recognizes the defect in the recent House

resolution, which attempted to make a separate treaty with

Germany by act of Congress.

[Illustration: Senator Philander C. Knox of Pennsylvania

A former United States Attorney-General and Secretary of State, and one

of the "irreconcilable" opponents of the League of Nations and Treaty of

Versailles. He was the author of the peace resolution declaring war with

Germany ended which was passed by Congress but vetoed by President

Wilson.]

"Second, as an alternative proposition, it requests the

President to commence negotiations for a separate peace with

Germany.

"Third, it seeks to terminate, by a paper resolution, a state

of war without protecting American rights.

"Fourth, it attempts to take advantage of the provisions of the

Treaty of Versailles without becoming a party to that treaty

and,

"Fifth, it requests the President to negotiate a separate peace

with Austria.

"These are the outstanding features of the resolution. If any

group of leaders a year ago had dared to suggest that we should

abandon our allies and negotiate a separate treaty of peace,

they would have found themselves isolated and discredited.

Republican leaders have lost their moral sense in their mad

lust for power.

Harper's Pictorial Library of the World War, Volume XII · 第 23 / 30 章