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Danzig-Polish Post Office Dispute 1925

Poland or any routes agreed upon between the two Governments of Poland and Danzig under Article 150 of the Convention of October 24^th, 1921, from the one place selected in Danzig territory to the one place or places selected in Polish territory, and that no postal. telegraphic or telephonic material or messages can be received or delivered on this route, or these routes, except in the establishment described in 1 above.

lo the opinion of the Court this statement clearly refers to point (d) of Article 240 of the Warsaw Agreement, that is, to the meaning of the word “directly” (directement) in Article 29 of the Paris Convention. It. only concerns the question of transit and forbids the acceptance and delivery of postal, telegraphic or telephonic material or messages on the route or routes through the territory of the Free City, except in the postal establishment referred to in Clause 1.

it follows from these two clauses that Poland may have only one Post Office and that no postal matter earn be accepted or delivered during the transit through the territory of Danzig or the transport to or from the port. This is not contested by Poland. The question whether the Polish Post Office may extend its activities outside the building and  up letter-boxes and collect or deliver postal matter, as well as the question whether this postal service can be used by the public, are of course quite different questions. It is however to be observed that. clause 3 referred to above, although dealing with another point than that. which is now before the Court, has an indirect hearing on this latter when excluding direct reception in the Polish mail coaches of postal matter deposited in letter-boxes placed either on the station premises or on the trains.

So much for the decision taken as it stands. Danzig, however, contends that the real intention of the High Commissioner in giving his decision was that Poland could have no postal activities outside the building assigned for the purpose. In Danzig’s opinion this clearly shown by the letter of the High Commissioner dated January 6^th, 1923, and also by a. "project d'accord" which he submitted to the Parties on April 27^th 1922, before giving his decision. The possible legal effects of the letter of the 6th January will be considered further on. For the present it  sufficient to say that any personal opinion which General Haking may have expressed or any proposal he may have made as a mediator

Danzig-Polish Post Office Dispute, Seite 23.