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>> Danzig-Polish Post Office Dispute 1925 | den Danzig -- polnischen Poststreit

Article 103, paragraph 2, of the Treaty of Versailles—on which Danzig mainly relics—must be taken in connection with Article 39 of the Paris Convention. From these provisions it is quite clear that the functions of the High Commissioner are of a judicial character and are limited to deciding questions submitted by one or other of the parties. The High Commissioner, therefore, had no authority to decide questions which the parties had not submitted to him; and his decision should, if possible, be construed as being in conformity with the powers conferred upon him.

In the present case, however, it  not necessary to apply this principle. The decision of May 25^th, 1922, by its very terms, was confined to the questions submitted by the parties. No reference was made to the Polish postal service being confined within its premises or its use being limited to Polish authorities and offices; letter-boxes and postmen are not mentioned in any part of the decision. The Court does not, however, attach particular importance to this fact; for the exclusion of letter-boxes and postmen might possibly follow from the general exclusion of postal activities outside the building. But the Court is of opinion that a general question concerning the activities of the Polish postal service outside its premises was neither submitted to the High Commissioner nor decided by him.

Of the operative portion of the decision (disposition), which is to be found in paragraph 15, only clauses 1 and 3 call for notice in this connection.
Clause 1 is to the effect that Danzig must provide Poland with the means of establishing a postal service in the vicinity of the port of Danzig, if possible in one building, but in any case in one or more adjacent buildings. This obviously has nothing to do with the question whether the activities of the postal, service are to be confined to the interior of the said building or buildings.

The Senate of Danzig itself has in a letter to the High Commissioner, dated October 19^th, 1922, expressed the opinion that by this part of the decision only the question of the building (“die Gebämlefrage”) had been settled.

Clause 3 runs as follows:
“That communication by this postal, telegraphic and telephonic service must go direct by any route selected by

Danzig-Polish Post Office Dispute, Seite 22.