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

telephone communications between Poland and other countries via the port of Danzig, and between Poland and the port of Danzig. There is nothing in the texts of the international agreements which suggests any limitation of the use of the postal service to Polish authorities and offices. As will be explained hereafter, the expression “port of Danzig” was understood by the contracting parties to be a territorial conception. It is perfectly clear that the right which Poland has under the terms of the international agreement is a right to communications with the Port of Danzig, in its territorial sense. What are the exact limits of the port is a question with which the Court is not concerned. But it does not in the least follow that because it may perhaps be difficult to determine the exact territorial limits of the port, Poland’s right in this respect should be limited to communications with the Polish authorities and offices in Danzig territory.

In the absence of special provision to the contrary the post, telegraph and telephone communication must be taken to be intended for the use of the public in the ordinary way.

Article 168, No. 1 of the Warsaw Agreement contains certain stipulations from which it may be inferred that distribution of postal matter outside the post office and especially the use of the service by the public are not excluded. This Article prescribes that the postal administrations of the two parties are to conclude, as soon as possible, special arrangements concerning certain matters enumerated therein. Among these are:

(b) “The fetching away (Abholung) from the Polish post and telegraph offices in the port, by addressees dwelling outside the port of 1mtal matter and telegrams dispatched from Poland ;”

(c) “the distribution (Bestellung) to Polish authorities or offices outside the port of postal matter and telegrams dispatched from Poland."

The provision under (e) also shows that it is within the competence of the Polish postal service to establish a distribution service within the limits of the port. If in the said provision the distribution to Polish authorities outside the port has been contemplated whilst nothing is said as regards distribution to such authorities within the port, it seems quite clear that in the View of the parties the right to establish a distribution service within the limits of the port is within the competence of the Polish postal service.

Danzig-Polish Post Office Dispute, Seite 32.