February 14, 1933 (2)

Viscount Chelmsford, India, praised the good will and desire for cooperation shown by the assembly, asserting that the league had done its best to solve the problem of the traffic in opium and other dangerous drugs in conformity with the covenant, and that the advisory committee on the traffic in opium had done admirable work, but that unhappily has been disappointment in the matter of putting the resolutions into force. He said that the Hague convention had not been ratified or even signed by a great number of states, and that a great number of states had not adopted the system of import and export certificates. He added that the committee thought the second resolution should be referred to the advisory committee on the traffic in opium, and that if the advisory committee was favorable the council might carry out the proposals without reference to the assembly.

The assembly postponed further discussion of the report of the fifth committee.

FIRST DELEGATE FROM HUNGARY

Mr. Agnero y Bethancourt, Cuba, reporter for credentials committee, announced that the credentials of the first delegate from Hungary, Count Ban.ffy, had been found in order. The assembly invited Count Banffy to take his seat.

GREEK AND ARMENIAN REFUGEES IN CONSTANTINOPLE PROPOSE INTERVENTION IN WAR BETWEEN GREECE AND TURKEY

The president read a communication to him from Doctor Nansen requesting that he be allowed to lay before the assembly the matter of permission to utilize the organization of the high commisSariat in Constantinople for administration of relief to many thousands of Greek and Armenian refugees arriving, as he had been advised by wire, from Smyrna and Broussa. Doctor Nansen stated further that he would ask the assembly whether the league ought now, under article 11 of the covenant, take any action that may be . deemed wise and effectual to safeguard the peace of nations in the conflict which had caused so grave a situation. and asked permission in this communication to move a resolution, if it should seem right to do so, requesting the council to consider promptly what steps it could take by offer of its good offices to the belligerent parties or otherwise with a view to the immediate cessation of hostilities.

The president suggested that the first proposal be immediately put on the agenda and referred to the sixth committee and that the second, regarding intervention by the council in the conflict between Greece and Turkey, be referred to the committee on agenda with the request for a report at the earliest possible moment.

The president's suggestions were adopted.

NATIONAL HOME FOR ARMENIANS

The president announced that he had received from Lord Cecil, delegate for South Africa, the following proposal:

The assembly notes with gratitude the action taken by the council with respect to Armenia and declares that it is of the opinion that 1n any peace with Turkey it should be an essential condition that a national home should be provided for the Armenians and requests the council to take all steps which it may think useful to secure this result.

Referred to committee on agenda.

The committee on agenda recommended that the resolution of Mr. Brouckere, Belgium, of September 15, regarding Georgia be put on the agenda and referred to the sixth committee. Recommendation adopted.

Mr. da Gama, Brazil, suggested that the assembly express its good feeling for Chile, which was celebrating the anniversary of its independence. Suggestion adopted.

Mr. Rivas-Vicuna, Chile, thanked the Brazilian delegation and the assembly.

Eleventh meeting, Tuesday, September 19, 1922, 10.30 a. m.

COMMUNICATION FROM HUNGARIAN DELEGATE

The president presented a letter he had received from Count Ban.ffy, the Hungarian delegate, stating that he had never been given an opportunity to clear up the matters mentioned by Mr. Osusky in his address to the assembly regarding Hungary.

CONTINUED DISCUSSION OF REPORT ON OPIUM TRAFFIC

Mr. Fielding, Canada, chairman, and Mlle. Bonneire, Norway, reporter, fifth committee, took their places on the platform.

Mr. Chao-Hsin Chu, China, said that China would do everything possible to carry out the Hague convention, but that certain colonies in her neighborhood had established monopolies for the sale of opium and that certain opiumproducing countries had not yet limited their output. He told the assembly that China had suffered especially from the introduction of morphia since the Anglo-Chinese agreement of 1907 had ended; that he hoped the assembly would adopt the recommendation that the powers signatory to the Hague convention should scrupulously respect article 9 of the convention; that it was the request of the Chinese Government to producers of dangerous drugs not to send them to countries where they might go into China as contraband; that a system of import and export certificates would restrict illicit traffic and that the reply of the governments to the questionnaire would facilitate the task of the advisory committee.

The Maharajah Jam Saheb, of Nawanagor, India, said that certain misconceptions were general in regard to opium; that it was believed that India and China were great producers of opium; that western public opinion saw nothing beyond opium profits and opium dens. It was important to realize, he continued, that in certain eastern countries, including India, outside the regular scientific, medical use of opium there was a legitimate and popular use of it as medicine and use similar to that of coffee, beer, and wine in Europe. He asserted that the consumption per head in India was inconsiderable, and his people did not understand why they should be asked to make the demanded sacrifice; that state regulation has cost the Government of . India about £40,000,000 in the last 10 years, the loss to producers being about £120,000,000; that the total consumption of opium in India was 2 grams per head per annum, including the amount used for veterinary purposes. He stated that India applauded the policy of national and international regulation, but that it was necessary that the Indian people be assured that the regulations were just and essential.

Sir Arthur Steel-Maitland, New Zealand, said that the cooperation of all countries was essential in the campaign against opium, morphia, and cocaine; that if quantities necessary for legitimate purposes were not ascertained and if production were not limited it would be impossible for the advisory committee on the traffic in opium to make successful headway.

Lieutenant Colonel Ward, British Empire, said it was necessary to clear British administration in the colony nearest China from certain intimations which had been uttered; that these authorities were trying with great energy to sup:­ press the opium traffic; that the observations of the Maharajah of Nawanagor were practical and worthy of attention; that opium gave rise to abuses as did alcohol in Europe. He stated that he was not opposed to the resolutions of the fifth committee if they were intended to suppress the abuse, but that the league must not lose sight of the great problems confronting it.

The resolutions of the fifth committee on the opium traffic were adopted.

GREEK AND ARMENIAN REFUGEES AT CONSTANTINOPLE

Mr. Aguero y Bethancourt, Cuba, presented the following resolution from the fifth committee on the proposal of Doctor Nansen in reference to Greek and Armenian refugees _ ees at Constantinople:

The assembly, having heard Doctor Nansen's statement regarding the critical situation of more than 200,000 refugees from Asia Minor and his offer of the services of his Russian refugee organization for administration of any funds contributed for the benefit of the refugees;

And considering that this is a work which demands immediate action by the league-

Recommends that the high commissioner of the league be authorized to utilize the services of the Russian refugee organization for assisting in the relief of refugees from the Near East and for the handling of the money collected for this purpose, it being understood that the league undertakes no responsibility for these refugees, that the work for Russian refugees shall continue without hindrance, and that this additional activity be considered of a temporary nature;

And recognizing the urgency of providing an adequate administrative organization for these refugees;

Invites the council to consider whether it can not place at the disposal of Doctor Nansen from the item of "Unforeseen expenditures " a sum sufficient to enable the necessary administrative measures to be taken for a period which will allow for adequate arrangements to be made from other sources.

Mr. Aguero y Bethancourt, Cuba, explained that Doctor Nansen had appeared before the committee, offered the services of his organization at Constantinople, and that the Greek delegate had also made an appeal to the committee. Doctor Nansen said that if the council granted the necessary administrative funds it would afterwards be necessary to raise a considerable amount; that for this purpose heappealed to all nations, on behalf of 200,000 victims in need of assistance, that it was necessary that the governments and the League of Nations unite their efforts.

The resolution was unanimously adopted.

MANDATES

Doctor Nansen, Norway, reported the recommendations of the sixth committee on mandates, saying that the league might be assured that the new machinery for dealing with the mandates was already working, and apparently working smoothly. To the mandatory powers and the mandates commission he extended thanks for the way in which they had fulfilled their obligations. He pointed out that the sixth committee in their report on mandates had noted with satisfaction the intention of the mandates commission to investigate further the question of indentured labor in the Pacific islands, to examine further the laws of land tenure in mandated territories, and the status of liquor legislation and the importation of alcoholic liquors in Africa. He stated that the committee had made reference to the social, economic, and political effects of the Ruande frontier, and commended to the assembly's attention the committee's reference to the . mandate for the Naura Islands.

He said that the committee recommended the adoption of the motion of September 8 by Mr. Bellegarde, Haiti, in regard to the Bondelzwart rebellion.

He stated that the committee had agreed on the following conclusions as to petitions from mandated territories: The committee, having considered the matter of the right of petition alluded to in the report of the permanent mandates commission, expresses the hope that this right may be defined in such a manner that--

1. All petitions emanating from inhabitants of mandated areas should be sent to the permanent mandates commission through the intermediary of the local administration and of the mandatory power;

2. All petitions concerning the welfare of the inhabitants of mandated areas emanating from other sources should not be considered by the permanent mandates commission before the mandatory power had had full opportunity of expressing its views.

Madame Anna Bugge- Wicksell, Sweden, extended thanks to the sixth committee for the appreciation it had expressed for the mandates commission of which she was a member. She said that the commission regarded it as a duty to safeguard the interests of men and women incapable of defending themselves and with little knowledge of modern ways ­ and methods; that it had to examine the decrees and ordinances of various administrations and to ascertain that they were well and justly applied; that the committee knew the extreme delicacy of its task; and that the mandatory powers when noting the observations of the commission, should consider the difficulties of the commission in carrying out duties entirely without precedent.

Sir Francis Bell, New Zealand, said in presenting a written statement to the assembly, that the Government of New Zealand felt it had a dual obligation and duty, first, as a member of the league, second, as a mandatory power. The written statement was to the effect that New Zealand was under an honorable obligation to legislate and administer according to the terms and intent of the league covenant; that she was bound to report annually to the council; that she was willing and anxious to receive suggestions and advice from either the permanent mandates commission or the council of the league, but could not admit that the permanent mandates commission had power to interpret for her the meaning of the covenant or to dictate to her the procedure she should adopt in her endeavors to perform her duties to the league.

He then said that the report of the mandates commission should be a report to the council, not the public; that New Zealand did not desire opinions upon her laws or her administration except from the council or the assembly. He said that when the assembly referred a report from the mandates commission to one of its committees the delegates of the mandatory power had a right to require that the committee should inquire into, and report to the assembly upon, any objection offered by the mandatory to the language or the findings of the report; that the mandatory should have the right to appeal from adverse comment and to merit a decision from the assembly; that the mandatory could not be asked to alter its administration or repeal or amend its legislation until its fellow members of the league had decided that in their opinion the comment or criticism made concerning its administration or legislation was justified.

Continued discussion of mandates was adjourned to the next meeting of the assembly.

COMMITTEE ON AGENDA

The president announced that the committee on agenda had decided to refer to the first committee the Spanish delegation's proposals of September 18 in regard to articles 4 and 7 of Rules of Procedure; to refer to the sixth committee Lord Cecil's proposal of September 18 regarding a national home for Armenians; to refer to the sixth committee the Canadian delegation's proposal of September 18 relating to the status of Eastern Galicia.

These references were approved by the assembly.

REPATRIATION OF PRISONERS OF WAR

The assembly dt--dded to place on the agenda and to discuss on Wednesday, September 20, Doctor Nansen's report on the conclusion of the work of repatriating prisoners of war.

INQUIRY INTO ATROCITIES IN NEAR EAST-PROPOSAL OF PERSIAN DELEGATION

The president announced receipt of a communication from the Persian delegation of the assembly to the effect that the delegation of the national assembly of Turkey in Rome had asked Persia, as the only state of the Mohammedan world represented in the assembly, to urge that the League of Nations organize an impartial inquiry on the atrocities committed during the present war, and that the Persian delegation begged to submit the following resolution:

The assembly, moved by the pitiful events in the Near East and the accusations which each belligerent had made against the other concerning the treatment of the civil population. invites the counell to send at once a neutral commission of inquiry to throw li g ht on these occurrences and to avoid reprisals against the ethnical or religious minorities of Thrace and of Asia Minor.

Twelfth meeting, Wednesday, September 20, 10.30 a. m.

BUILDING SITE FOR INTERNATIONAL LABOR OFFICE

The president announced receipt of lette r from the Swiss delegation offering, fi r st, an estate adjace n t to the Hotel National of 4,493 square meters; second, an estate on the shores of the lake in the Rue de Lausanne of 38,843 square meters, as a site for the international labor office.

The assembly decided that it would note the generous offer of the Swiss delegation and referred it to the fourth committee.

HOSTILITIES IN NEAR EAST A . AND DOCTOR NANSEN'S PROPOSAL

The president stated that the committee on agenda had decided that Doctor Nansen's proposal of September 18 that the council be invited to examine the possibility of taking steps with a view to securing immediate cessation of hostilities in the Near East should be placed on the agenda of the assembly and referred to the sixth committee. Action of committee on agenda approved.

RENEWAL OF DISCUSSION OF REPORT OF SIXTH COMMITTEE ON MANDATES

Sir P. S. Sivaswamy Aiyer, India, supported the conclu- sions of the report of the sixth committee on mandates, thanking the permanent mandates commission for their solicitude for native inhabitants of mandated territories. He spoke of the dangers inherent in the system of indentured labor, saying that the Indian Government's experience had shown the dangers of the immigration of an exclusively male laboring population and that it had always tried to secure due proportion between the sexes. He contended that the question of land tenure was also important; that there was a tendency to assume that native rights which could not be proved under the principles of modern law might be ignored. He said that he was glad that the permanent mandates commission had decided to study the question, that he considered dangerous the French doctrine embodied in the phrase, "Private domain of the state." He stated that he wished there had been a more pronounced indorsement of the references of the permanent mandates commission to the . partition of Ruanda; that he would like to have asked the council to express the hope that this boundary would be rectified. He referred to the speech of Sir Francis Bell on the day before and said that he saw no tendency on the part of the permanent mandates commission to invade the prerogatives of the council or to depart from its proper sphere. He stated that it was unfortunate that the South African Government had not afforded the permanent mandates commission the same assistance as had the Governments of Australia, New Zealand, and Japan; that he inferred from recent utterances of General Smuts that the responsible statesmen of South Africa might possibly have some misconception of their obligations; that General Smuts had said that the territories under C mandates were virtually annexed to the territory of the mandatory. He stated further that the mandatory powers had a very serious responsibility; that a great experiment was being made for the first time in history; that hitherto native populations had suffered from contact with white civilizations, contact leading in southwest Africa to the virtual destruction of a native race; that it was the league's duty to see that in future the welfare of the native races should be promoted.

Mr. Bellegarde, Haiti, praised the loyalty shown by the Government and the delegation of South Africa in the affair of the Bondelzwart rebellion, stressing the importance of the right of petition which he called the strongest guaranty the League of Nations could offer the peoples living under mandate. He r . referred to the fact that the sixth committee had expressed the hope that all petitions would be addressed to the mandatory power, and said that it was necessary to find a more direct method of dealing with petitions, · that g o vernments, despite good intentions, might face debate situati o ns. He s a id fur t her that the quest i on would be brought before the council, that the best way of avoiding injustice under the league would be to allow full liberty for complaints to the permanent mandates commission; that this would not prevent complainants from first addressing themselves to the mandatory power.

Sir James Allen, New Zealand, replying to the Indian delegate, said that the New Zealand Government was extremely solicitous for the welfare of the natives; that the labor problem was difficult; that the New Zealand Government, in order to maintain the island of Samoa in cultivation, had been compelled to arrange for labor from China; that it had wished the Chinese laborers to bring their wives, but had been assured that it could not be guaranteed that women desiring to come were married to the laborers; that his Government was anxious to a void any mixture of the races; that labor contracts ran only three years and there was no time for laborers to form associations with Samoan women; that the importation of such labor was absolutely necessary because the natives themselves would not work. He would ask the council, he continued, to consider the wisdom of public meetings of the permanent mandates commission before the commission sent its report to the council, and he again stressed the danger of allowing petitions to come direct to the . commission without having been seen by the mandatory powers, saying that unfortunately the natives were frequently under the influence of agitators.

Sir Edgar Walton, South Africa, said it was unfortunate that the mandatory system should be debated at that meeting of the assembly; that the mandatory powers had undertaken a very difficult task at much trouble and expense; that they should have sympathy rather than criticism; that he was surprised at the solicitude of the Indian delegate for the population of South West Africa; that he would point out that there were no Indians in South West Africa. He said that the South African Government confronted a very complicated situation on account of the extremely mixed character of the population of the territory over which it had a mandate, regretting that his government had not been represented before the permanent mandates commission. He said that the administrator of South West · Africa had been conducting military operations during six months of the year, however, and that no one else had sufficient knowledge or authority to give the permanent mandates commission any useful information. As to the reference to the statement of General Smuts that the C mandates meant virtual annexation, he said this was true as far as their administration was concerned, inasmuch as the natives had been put under the same laws and had the same rights as the rest of the South African population.

Lord Cecil, delegate for South Africa, joined in the praise accorded the permanent mandates commission, saying in reply to Sir James Allen on publicity that on the whole its advantages outweighed its disadvantages. As to petitions, he agreed that the greatest care must be taken not to hamper the mandatory powers; contending, however, that there was no better safeguard against oppression or misgovernment than publicity, and suggesting that petitions might be sent simultaneously to the permanent mandates commission and the mandatory powers with the understanding that the former would not consider them until it had received the observations of the latter. As to the reference of the Indian delegate to General Smuts, he said that General Smuts was the author of the covenant and of the mandatory system; that it was a fantastic paradox to suggest that he could possibly misconceive that system or desire to do anything antagonistic to its success; that the absence of a South African representative from the recent session of the permanent mandates commission was due to administrative difficulties and not to any wish to avoid criticism or investigation; that the statement of General Smuts needed no defense when understood. He said further that criticism should not be resented, that criticism and debate were necessary to make the mandatory system a reality, that they were the best sanction for good administration, that the present debate showed that the system was not a mere deception, and also showed that a real step forward for humanity had been taken.

Hon. G. E. Rich, Australia, said that the phosphate monopoly in the island of Nauru had been acquired from the Pacific Phosphate Co. through voluntary sale; that the administration bad continued to employ Chinese laborers, but in decreasing numbers, and that it was hoped they could be dispensed with entirely in the near future.

Sir Joseph Cook, Australia, said that the permanent mandates commission had made preliminary criticisms of the administration of the mandatories which were considered rather severe, criticisms due to the fact that the commission did not know all the circumstances; that when they were placed before the commission it had accepted them without hesitation; that the mandatory powers welcomed the fullest investigation, since criticism came mostly from those who did not understand the difficulties surrounding the system. He said that no criticism had been made of the administration of New Guinea; that the excellent system of medical hygiene introduced there had been warmly commended by the commission; that the introduction of Chinese labor into Nauru occurred because the natives could not be induced to labor in the mines; that under the new regime full compensation was given the natives for their land and the natives were excellently treated; that it was not desired to take the right of petition from the natives but it was essential their real opinion should be ascertained, not the opinion of agitators with ulterior pur ­ poses. He added that every effort was being made by Australia to administer these islands in the true spirit of trusteeship, with the interests of the natives always and primarily in view.

The president stated that the sixth committee's report invited the assembly to note certain recommendations and observations regarding the administration of the mandates generally, and the Pacific islands and the African territories particularly.

He invited the assembly to note the declaration of Hon. G. E. Rich, Australia.

The assembly made these notations.

The assembly then adopted the resolution offered by Mr. Bellegarde on September 8 in reference to the Bondelzwart rebellion.

It also adopted the conclusions of the sixth committee regarding petitions by peoples of mandated areas, which were as follows:

1. All petitions emanating from inhabitants of mandated areas should be sent to the permanent mandates commission through the intermediary of the local administration and of the mandatory power;

2. All petitions concerning the welfare of the inhabitants of mandated areas emanating from other sources should not be considered by the permanent mandates commission before the mandatory power has had full opportunity of expressing its views. . The president announced that the committee on agenda reported that the Persian delegation's proposal that the assembly invite the council to send a commission of inquiry to the Near East be placed on the agenda and referred to the sixth committee.

This report was adopted.

The president then read a letter from the Greek delegation in reference to this proposal, expressing certain reservations. The letter was referred to the sixth committee. Thirteenth meeting, Thursday, September 21, 1922, 10 a. m.

SLAVERY IN AFRICA

Jonkheer London, Netherlands, Doctor Nansen, Norway, chairman and reporter, sixth committee, took seats on platform.

Doctor Nansen presented a resolution that the question of the recrudescence of slavery in Africa be included in the agenda of the fourth assembly, and that the council be requested to present to that assembly a report on the information received on this subject.

Resolution adopted.

PROTECTION OF MINORITIES

Mr. Motta, Switzerland, reporting for the sixth committee, presented its report on protection of minorities.

In explanation of the report he said that the proposal of Prof. Gilbert Murray, South Africa, parts of which had been incorporated in the resolutions of the committee, was based on five principles: (1) Informal intervention of council; (2) resort in certain cases to Permanent Court of International Justice; (3) despatch in other cases of permanent or temporary representatives of the league; (4) duty of minorities to act as loyal citizens of the states to which they belonged; (5) observation by all states toward their minorities of a standard of justice at least equal to that of the minorities' treaties. He said that the committee could not agree to the despatch of permanent or temporary representat‘ves of the league or to proposal of Latvia or Finland for an international codification of the rights of minorities. It did recommend, he said, on the other hand, that the secretariat assist the council in its work of protection and furnish it with the means of ascertaining impartially how the minorities fulfilled their obligations. He added that the resolution proposed by the committee indicated a distinct advance; that, although the covenant contained no explicit article on the subject of the League of Nations, as a guardian of the peace, intervened in the question of minorities and that this was becoming one of its essential tasks; that when a dispute could not otherwise be regulated, the Permanent Court of International Justice would find a just solution; that these proposals signalized the advent of a new era.

The Maharaja Jaur Sahib, of Nawanagar, India, referred to Professor Murray's recent address affirming the necessity of spreading general contentment with the new distribution of Europe, and said that there were minorities questions outside of Europe, namely, insistent and irritating minority questions in Africa, especially the case of the Indian population under the South African Government. He appealed to the South African delegates to influence their government toward a satisfactory settlement of this question, saying that it caused discontent not only in South Africa but all over India, and expressed the hope that next year he could thank the Great Britain and South African representatives for having . brought satisfaction to the just aspirations of the Indians of South Africa and Kenya Colony.

Professor Murray said in reply that it was true that minorities questions existed outside Europe; that the standard of justice in the east and the west was different, but that the time was not opportune to go into a particular case. He said that the position of the South African Government was very difficult; that it was dealing with several races in different stages of civilization and with different traditions. He said further that the case of the Indians in South Africa was covered in principle by the fourth paragraph (quoted later) of the committee resolution, in which countries not bound by the minorities treaties were asked to observe the same standards in dealing with minorities as the states signing such treaties; that Great Britain was actuated by such a spirit and had accepted the principle. He stated that the committee resolution represented a friendly attitude by the league toward all concerned; that the minorities discussion marked progress in international relations. Mr. Bellegorde, of Haiti, in the case of mandates, and Mr. A eyer, of India, . in the case of minorities, having criticized the work of a great empire without resentment from its representatives, who had shown no desire to avoid the issue, an unparalleled situation. He pointed out that the states signing the minorities treaties had naturally felt the unfairness of incurring obligations not imposed on other members of the league; that all members had accordingly been asked to adopt the spirit of these obligations, and that minorities were urged to be loyal to the states of which they were a part. The committee's resolution did not contemplate further encroachments, he continued, on the sovereignty of governments, but better relations between majorities and minorities all over the world, and a unity of outlook and patriotism in all countries with minorities problems.

Mr. Midhat Prasheri, Albania, said that it was due to the League of Nations that the rights of minorities had acquired a capital importance in international public law; that the treaties of peace and the declarations of the new states had created a positive right which should be given strength and precision; that different kinds of procedure would be necessary; that when the council failed to conciliate informally it would be able to pronounce formal decision. from which an appeal could be made, but that certain periods should be fixed by the council within which appeal might be made to the Permanent Court of International Justice. He stated that the minorities section of the secretariat should be so organized as to give the council all necessary information; that a staff should be created, with the consent of states concerned, which could ascertain on the spot the real situation. He contended that the right of minorities to such procedure be formally recognized, and that if they did not secure justice from legal authorities it would be the duty of the commission of inquiry and the council to do what was necessary. As to sanctions, he held that considerable latitude should be left the council, which should be permitted to apply measures appropriate under the circumstances. He stated that the object of his observations was to consolidate peace in the Balkans; that on account of the homogeneousness of race and language the force of national sentiment and the liberty which existed for different religions Albania had no minority problem.

Count Banffy, Hungary, said that Hungary's approval of the committee's action was all the more pronounced because important Hungarian minorities existed in adjacent states; that Hungary had already suggested at the Genoa conference that the league be invited to send commissions of control into countries signing minorities treaties; that this problem had become a European problem and was of the highest importance to world peace; that Hungary had determined to work in a spirit of conciliation with the other members of the league.

Mr. Hanotaux, France, stated that the league found itself between two parties in minorities questions; that it was constrained sometimes to favor the governments and at other times to favor minorities, in order to cgunsel prudence and moderation in each; that minorities had always existed, but theretofore had presented questions of internal policy, as Europe had for centuries tended toward the evolvement of states as strong units that to-day the endeavor was to bring diverse elements together on a different principle, which Professor Murray's proposal would facilitate. However, he continued, the committee felt that the dispatch of permanent or temporary representatives was objectionable, and that on this point as much as possible should be left to the experience and authority of the council. He added that a district; system had thus been founded which had already produced good results, and would work better in the future.

The assembly adopted the committee resolution on the minorities question which was in five paragraphs and composed as follows:

1. While in cases of grave infraction of the minorities treaties it is necessary that the council should retain its full power of direct action the assembly recognizes that in ordinary circumstances the league can best promote good relations between the various signatory governments and persons belonging to racial, religious, or linguistic minorities placed under their sovereignty by benevolent and informal communications with those governments. For this purpose the assembly suggests that the council might require to have a larger secretarial staff at its disposal. 2. In case of difference of opinion as to questions of law or fact arising out of the provisions of the minorities treaties, between the government concerned and one of the states members of the council of the League of Nations, the assembly recommends that the members of the council appeal without unnecessary delay to the Permanent Court of International Justice for a decision in accord a nce with the minorities treaties, it being understood that the other methods of conciliation provided for by the covenant may always be employed.

3. While the assembly recognizes the primary right of the mino r ities to be protected by the league from oppression it also emphasizes the duty incumbent upon persons belonging to racial, religious, or linguistic minorities to cooperate as loyal fellow citizens with the nations to which they now belong.

4. The assembly expres s ed the hope that the states which are not bound by any legal obligations to the league , with respect to minorities, will neverthe l ess observe in the treatment of their own racial, religious, or linguistic minorities at least as high a · standard of justice and toleration as 1s required by any of the treaties and by the regular action of the council.

5. The secretariat which has the duty of collecting information concerning the manner in which the minorities treaties are carried out should not only assist the council in the study of complaints concerning infractions of these treaties but should also assist the council 1n ascertaining in what manner the persons belonging to racial, linguistic, or religious minorities fulfill their duties toward their states. The information thus collected might be placed at the disposal of the states, members of the League of Nations, if they so desire.

ESPERANTO AS AN AUXILIARY INTERNATIONAL LANGUAGE; REPORT OF FIFTH COMMITTEE

Mr. Fielding, Canada, and Mr. Reynald, France, reporters, for fifth committee, took seats on platform.

Mr. Reynold read the fifth committee's report on Esperanto as an auxiliary international language, the report concluding with the following resolution, which the committee submitted for action:

1. That the report of the secretariat on Esperanto as an auxiliary international language be adopted subject to the following amendments:

(a) That the corrections communicated by the British delegation be made and that Chapter V of the report be omitted.

(b) That an annex be added to the report, consisting of the whole of the brief and impartial report made by the Paris Chamber of Commerce on February 9, 1921, of which certain passages only have been quoted. ·

(c) That the resolutions adopted by the committee be annexed to the report.

2. That questions relating to the teaching of Esperanto be referred to the committee on intellectual cooperation in order that the committee may give its opinion on the various aspects of the problem of an auxiliary international language.

Mr. Fielding, Canada, observed that the second part of the resolution had been objected to and a request made for a separate vote on the two parts.

Lord Robert Cecil, delegate for South Africa, expressed his approval of the report, especially the reference to the committee on intellectual cooperation, saying that it was this committee's duty to bring the intellectual activities of every nation into inter..:-elation.

The first part of the resolution (1 (a), (b), (c)) was unanimously carried, the second by a vote of 26 to 2.

LITHUANIA'S COMPLAINT REGARDING TREATMENT OF NON-POLISH ELEMENTS IN VILNA

Jonkheer Loudon, Netherlands, Mr. Motta, reporter, sixth committee, appeared on the platform and presented that committee's report on Lithuania's complaint regarding nonPolish elements in Vilna, with the following resolution:

The assembly of the League of Nations, in virtue of its resolution of September 15, 1922;

Having heard the complaints of the Lithuanian Government relating to the treatment of non-Polish populations in the Vilna And having also heard the replies of the Polish delegate to these accusations;

In view of the fact that the questions thus raised are among those with which the council, after having drawn up its final recommendation for the settlement of the Pollsh-Lithuanian dispute , reserved to itself, by its resolution of January 13, 1922. the right to deal, if necessary, by requesting the two governments to allow it to send representatives to the spot for the purpose of making a report.

In view of the fact that the council has already made use of the powers which It thus reserved to Itself and that its intervention in this matter is in conformity with its general activities in regard to the protection of minorities:

Refers to the council for its special consideration the question which has been submitted to it by the Lithuanian Government. Mr. Motta, Switzerland, said that the league had not to deal with the political status of Vilna, since its recommendations had been without result, but confined itself to the formal complaint of Lithuania that the administration of Vilna was not finally established, and the complaint could be dealt with by the assembly; that the complaint did not involve the question of minorities which under the treaties belonged to the council, which had reserved to itself the right to follow questions concerning the territory of Vilna from the standpoint of the protection of minorities. He declared that it had not been possible for the committee to form an opinion of the accusations formulated by the Lithuanian delegate and contested by the Polish delegate; that the Lithuanian delegate had asked in the committee that the assembly send a commission of inquiry to study the question on the spot, but the committee decided not to act because it might restrict the freedom of the council; that in the committee's view the assembly should not encroach in any way on the council which by resolution during the current year had already · appealed to the generosity of the two parties and . which would follow up the matter with all necessary attention.

Mr. Sidzikauskas, Lithuania, said that the decisions of the assembly and its committees had not completely met the hopes of Lithuania, which for eight years had been in a condition not unlike a state of war; that its progress in reconstruction had been impeded; that he regretted the committee had not proposed for the agenda the question of the legal status of Vilna and of the violation and nonexecution of the treaty of Suwalki by Poland, which treaty offered a serious basis for the settlement of the dispute over Vilna. He asserted that Lithuania had proposed without success to submit the question to the Permanent Court of International Justice; that the population of the disputed area, a majority being against the Polish rule, was drifting into an intolerable state; that he hoped the council would not hesitate to send there a commission of inquiry or a resident commissioner of the league.

Doctor Nansen favored a commission of inquiry by the assembly.

Mr. Askenazy, Poland, opposed the suggestion, pointing out that the majority of the sixth committee had decided it to be an encroachment on the jurisdiction of the council, an indication of lack of confidence in that body, and had decided to propose reference to the council, a decision which the speaker asked the assembly to indorse.

Lord Robert Cecil, South Africa, said that the committee had recommended that the matter be left to the council, but had indicated that it might be useful to send a commission of inquiry.

Mr. Askenazy, Poland, asked adjournment of the discussion until the next meeting.

Mr. Motta, Switzerland, insisted on the committee's proposal as it stood, pointing out that, as stated in the report, the council would be following the views of the assembly if it sent a commission, but its freedom of action remained undisturbed, and added that the resolution should be adopted with this understanding.

The resolution was agreed to.

INCREASE IN NUMBER OF NONPERMANENT MEMBERS OF COUNCIL

The following communication from the council was read by the president:

The council has decided to submit the following proposal to the assembly:

Article 4 of the covenant provides that the council shall consist of representatives of the principal allied and associated powers together with the representatives of four other members of the league selected by the assembly.

The council may , however, with the approval of the majority of the assembly, increase the number of nonpermanent members.

Acting under these provisions the council thinks it is desirable that the number of members of the league to be selected by the assembly for representation on the council should now be increased from four to six.

The first paragraph of article 4 is based on a certain principle concerning the number of the permanent and nonpermanent members of the council. The proposed augmentation of the number of the nonpermanent members produces a considerable modification of this principle. Nevertheless, a subsequent augmentation of the number of permanent members would reestablish the principle of which article 4 is the application without it being possible to consider that the change proposed to-day prejudiced such reestablishment.

The council asks the assembly to approve this decision, tn accordance with the provisions of the covenant.

The president then placed before the assembly the following resolution:

The assembly approves the decision of the council that the number of members of the league to be selected by the assembly for representation on the council shall be increased from four to six.

This decision shall come into force immediately after approval by a majority of the assembly.

On proposal of committee on agenda the assembly placed the question on the agenda and referred it to the first committee.

Fourteenth meeting, Friday, September 22, 1922, 10 a. m.

PROCEDURE OF CONCU.IATION-REPORT OF FIRST COMMrrrEE

Mr. Scialoja, Italy, Mr. Adatci, Japan, chairman and reporter of first committee, took seats on platform.

Mr. Adatci stated that at the first assembly Norway and Sweden had submitted a draft concilation agreement which had been carefully considered; that it was again taken up at the second assembly, which had directed the council to appoint a special committee to study a procedure of conciliation; that this committee had met in May, 1922, and that the council in July had adopted its report, which had been presented to the first committee of the third assembly. He said that the proposal by Norway and Sweden contemplated a general procedure of conciliation obligatory on all league members; that the first committee had taken up the question of bringing such procedure within the framework of the covenant; that the committee had differed as to whether the procedure should be compulsory or optional, and had decided that it was better for the moment not to make it compulsory; that the committee had further concluded that the council was the organ of conciliation under the league, on whose jurisdiction there should be no encroachment.

He said further that the committee recommended, therefore, that the assembly adopt a resolution on the subject, not a convention open to signature by all members; that the draft now presented by the committee to the assembly represented the committee's unanimous action; that it traced the general lines of the system proposed, and that the committee hoped it would open the way for an agreement which could be signed by all members.

Mr. Unden, Sweden, favored the committee scheme, although it did not go as far as the Swedish-Norway proposal, and expressed the hope that further steps would follow.

The resolution recommended by the committee was adopted by the assembly. It was as follows:

With a view to promoting the development of the procedure of conciliation in the case of international disputes tn accordance with the spirit of the covenant the assembly recommends the members of the league, subject to the rights and obligations mentioned in article 15 of the covenant, to conclude agreements with the object of laying their disputes before conciliation commissions formed by themselves.

The organization of these commissions, their competence, and the procedure to be forwarded before them shall be freely determined by the contracting parties. The parties are recommended in this connection to look for guidance to the provisions contained in the Hague convention of October 18, 1907, for the pacific settlement of international disputes, and in particular to the provisions concerning the hearing of witnesses, procedure by employment of experts, rogatory commissions, inspection of places, and replacement of members of the commission. The rules laid down in the following articles are recommended to them for adoption. At the request of the members concerned the secretary general may offer them the assistance of the secretariat for the conclusion of conciliation conventions.

Apart from the other means placed at its disposal by the covenant to assure the maintenance of peace the council may, 1f necessary, have recourse to the service of the conciliation commission formed by the parties; it - may write them to bring their dispute before the commission or it may refer to the commission any dispute which may have been submitted to it by one of the parties in virtue of article 15 of the covenant. A conciliation convention made between two states of which one only ls a member of the League of Nations, or of which neither i.s a member of the league, will be applicable subject to the procedure est~ . established by article 17 of the covenant.

The assembly expresses the hope that the competence of the conciliation commissions will extend to the greatest possible number of disputes, and that the practical application of particular conventions between states, as recommended in the present resolution, will in the near future make possible the establishment of a general convention, open to the adhesion of all states.

RULES

ARTICLE 1. The conciliation commission shall be constituted as follows:

Each party shall appoint two members, one from among its own nationals, the other from among the nationals of a third state . The two parties shall jointly appoint the chairman of the commission from among the nationals of a third state.

The parties may appoint the members of the commission beforehand and for a period which they themselves shall determine. They may also confine themselves to appointing only the chairman beforehand, in which case the other members shall be appointed after consultation with the chairman at the moment when a dispute arises, their mandate being limited to the settlement of such dispute.

ART. 2. Disputes which fall within the competence of the conciliation commission shall be referred to it for consideration by means of a notification made by one of the contracting parties to the chairman of the commission and to the other party. The notification shall be communicated to the secretary general of the . league.

If all the members of the commission have been appointed beforehand, the chairman shall convene the commission as socn as possible. If they have not been so appointed, the chairman shall write the parties to appoint the other members within a period laid down by the convention.

ART. 3. The conciliation commission shall meet at the seat of the league, unless the parties have fixed a different place of meetIng in the convention made by them or for the purpose of a particular case. The commission, 1.f it considers it necessary, may meet at a different place. The commission may in all circumstances ask the secretary general to render it assistance in its work.

ART. 4. Subject to the right of the parties and of the commission itself to extend this period, the conciliation commission shall complete its work within a period of six months from the day on which it first met.

ART. 5. Both parties shall be heard by the commission. The parties shall furnish the commission with all the information which may be useful for the inquiry and the drawing up of the report, and shall in every respect assist it in the accomplishment of its task.

The commission shall itself regulate all details of procedure not provided for in the convention and establish rules of procedure for the obtaining of evidence.

ART. 6. The commission shall take its decision by a majority vote of its members; the presence of all the members is required for a valid decision. Each member shall have one vote.

ART. 7. The commission shall make a report on each dispute referred to it. In proper cases the report shall include a proposal for the settlement of the dispute. The reasoned opinion of the members who are in the minority shall be recorded in the report. The chairman of the commission shall immediately bring the report to the knowledge of the parties and of the secretary general of the league.

ART. 8. The report of the conciliation commission may be published by one of the parties before the settlement of the dispute only 1.f the other party gives consent.

ART. 9. Each party shall pay the allowances of the members of the commission which it has appointed and shall pay half of the allowances of the chairman.

Each party shall bear the costs of procedure which it has Incurred and half of those which the commission may declare to be joint costs.

REPATRIATION OF PRISONERS OF WAR-REPORT OF FIFTH COMMITTEE

Mr. Fielding, Canada, and Mr. de Brouckere, Belgium, chairman and reporter, fifth committee, advanced to the platform, and Mr. de Brouckere read the report of the fifth committee on repatriation of prisoners of war, recommending adoption of Doctor Nansen's report.

The president remarked that the assembly would doubtless approve the report and its conclusion, which was as follows:

The fifth committee. in recommending to the assembly the adoption of Doctor Nansen's report, desires to state that in the accomplishment of his mission Doctor Nansen has indeed deserved well of humanity.

The remark was received with applause and the report adopted.

POSITION OF GEORGIA-REPORT OF SIXTH COMMITTEE

Mr. Loudon, Netherlands, Mr. Lapointe, Canada, chairman and reporter, sixth committee, were given seats on the platform. ·

Mr. Lapointe, presenting the sixth committee's report on Georgia, quoted the resolution presented by Mr. Brouckere, Belgium, on September 18, 1922, which was as follows:

The a.ssembly of the League of Nations, moved by the present unhappy position of Georgia as a country invaded and occupied contrary to the wishes of its inhabitants. invites the council to follow attentively the course of events in this part of the world so that it may be able to seize any opportunity which may occur to help in the restoration of this country to its normal condition. Mr. Brouckere said that all members of the sixth committee had indicated deepest sympathy with the proposal, but certain ones, especially Lord Cecil and Mr. Fisher, had urged amendments. It was feared, he added, that the original wording might seem provocative to the Soviet Government and might render Georgia's position still more difficult, and it was felt that political or military action was suggested by the original terms, action which it would not be possible for the league to take. He said further that lution: after discussion the committee decided to present the resolution in the following terms:

The assembly of the League of Nations, having considered the position of Georgia, invites the council to follow attentively the course of events in this part of the world, so that it may be able to seize any opportunity which may occur to help in the restoration of this country to normal conditions by any peaceful means in accordance with rules of international law.

Mr. Brouckere stated that the resolution as presented to the assembly contained both promise and counsel; that the Georgian people were invited to note that the league had instituted a method of settling international disputes otherwise than by resort to war; that meanwhile they should avoid desperate measures and should realize that premature and violent conduct might cause still greater disaster.

The assembly adopted the resolution presented by the sixth committee.

ARMENIA-SIXTH COMMITTEE

Presenting the sixth committee's report on Lord Cecil's resolution on Armenia of September 19, 1922, Mr. Motta, Switzerland, quoted the resolution, which was as follows:

The a.ssembly notes with gratitude the action taken by the council with respect to Armenia and declares that it is of the opinion that in any peace with Turkey it should be an essential condition that a national home should be provided for the Armenians and requests the council to take all steps which it may think useful to secure this result.

The speaker said that the sixth committee agreed with the substance of the resolution, but desired to modify its terms by omitting the provision that a national home for Armenians should be an essential condition in any peace with Turkey; that the league should avoid the appearance of a belligerent, or of political action; that it should take the humanitarian viewpoint, hoping that Armenia came within article 22 of the covenant, which mentioned certain communities formerly belonging to the Turkish Empire which had reached a state of development where their existence as independent nations might be recognized.

He said further that out of a total population of about two and a half millions only 300,000 Armenians in Turkey and 500,000 Armenian refugees remained; that it had been doubted whether it was wise to renew a recommendation which on a former occasion had proved futile; that he believed, however, that it was the league's duty to proclaim again its solicitude for the Armenians.

Lord Cecil, representing South Africa, spoke of the action on Armenia by the first and second assemblies, - pointing out that in 1920 a revolution in Armenia had prevented intervention by the assembly; that warfare continued through 1920 and 1921; that in 1921 the assembly was obliged to con ­ fine itself to the request that in any treaty of peace for . the settlement of the Near East a national home should be given the Armenians; that the war continued through 1921 and 1922, only a small remnant of Armenians now remaining in Armenia. He contended that the league was bound to intervene, and not entirely on humanitarian grounds; that the league existed primarily to secure world peace, either by direct efforts to end disputes between nations or indirectly by promoting international cooperation; that the league policy toward Armenia belonged to the same order of ideas as to its policy for protection of minorities. He stated that the present situation was dangerous, necessarily involving constant pressure of western public opinion for intervention in the Near East; that outside intervention in any country was to be undertaken only as a last resort; that the only alternative of the national home policy was the ruthless policy of extermination adopted by Talaat Pasha.

The resolution as amended and presented by the sixth committee was adopted.

STATUS OF EASTERN GALICIA-REPORT OF SIXTH COMMITTEE

As reported for sixth committee on the subject of Galicia, Mr. Lapointe, Canada, said that the committee held that the problem of eastern Galicia had not changed since the second assembly; that the- two parties had recognized the importance of the earliest possible solution, though differing as to means; that the committee presented the following resoThe assembly of the League of Nations renews its wish, expressed in the re _ solution ad _ adopted by the second assembly on September 27, 1921, that the council of the league draw the attention of the principal allied and associated powers to the desirability of determin i ng at an early date the status of eastern Galicia.

Resolution adopted.

WITHDRAWAL OF PERSIAN PROPOSAL FOR PROTECTION OF CIVILIAN POPULATIONS OF NEAR EAST

The president announced receipt of a letter from the Persian delegation, stating that the international committee of the Red Cross was taking active steps to relieve the civilian populations of the Near East on the lines of the delegation's proposal to the assembly on September 19; that accordingly the proposal was withdrawn, and the thanks of the delegation proffered to the international committee of the Red Cross and its president, Mr. Adar, for their solicitude for the Moslem and Christian populations of the Near East.

LORD BALFOUR'S PROPOSAL FOR AMENDMENT OF ARTICLE 14, RULES OP PROCEDURE

The president announced receipt of a proposal by Lord Balfour for amendment of article 14, rules of procedure, reading as follows:

The general feeling tn favor of strict economy in connection with the work of the league renders the amendment of rule 14, paragraph 2, of the rules of procedure, desirable. The following modification is proposed:

Present text:

2. The assembly shall not decide items on the agenda in full meeting until the report of a committee upon them has been presented a.nd circulated, unless the assembly itself, by a twothirds majority, determines otherwise.

Resolutions involving expenditure shall not, however, be voted by the assembly before the financial committee shall have expressed its opinion on the advisability of the proposed expenditures with regard to general budgetary resources.

Proposed text:

2. The assembly shall not decide items on the agenda in full meeting until the report of a committee upon them has been presented and circulated, unless the assembly itself, by · a twothirds majority, determines otherwise.

Reports by a committee involving the expenditure of money must indicate whether the expenditure will constitute part of the general expenses of the league or whether it will be recovered from the members of the league particularly concerned.

Reports by a committee other than ~he financial committee recommending action which will involve the expenditure of money, of which the amount is not specified, shall before submission to the assembly be referred to the financial committee, in order that there may be prepared and submitted to the assembly with the report in question as close an estimate as time and circumstances allow of the amount of expenditure involved.

Furthermore, no resolution involving expenditures shall be voted by the assembly before the financial committee shall have expressed its opinion on the advisability of the proposed expenditure from the point of view of general budgetary resources. The assembly referred the proposal to the sixth committee. Fifteenth meeting, Saturday, September 23, 1922, 10 a. m.

AMENDMENT OF ARTICLE 10 OF COVENANT: REPORT OF FIRST COMMITTEE

Mr. Sciajola, Italy, chairman first committee, Mr. Struycken, reporter, came to platform. Presenting the committee's report, Mr. Struycken said that some league members thought article 10 the most valuable article in the covenant, that others deemed it a source of grave risks and responsibilities hurtful to the league; that opinions varied as to the legal meaning of this article and its relation to other articles of the covenant.

The Canadian delegation, he continued, had first asked for the elimination of the article, but had since proposed to amend it so as to remove all doubt as to its meaning, while the committee had decided to postpone the subject for further consideration and offered the following resolution: The assembly of the League of Nations decides that the Canadian proposal with regard to article 10 of the covenant shall be adjourned until the fourth assembly in order that the subject may be considered in all its bearings. The assembly leaves it to the council to decide on the steps to be taken to ponder in a detailed study of the Canadian proposal before the meeting of the fourth assembly.

Mr. Barthelemy, France, said that France favored the article, but the French delegation had agreed that it be referred to the fourth assembly for examination; that from the French viewpoint this article was an essential declaration of a new international principle; that articles 16 and 17 of the covenant contained the practical details of the application of this principle; that article 10 did not compel league members to come with all their forces to the assistance of a member unjustly attacked; that they might remain outside the struggle provided they had met their obligations under · articles 16 and 17. He remarked further that the · absence of specific military obligations under article 10 was recognized in Lord Cecil's proposal for a mutual treaty of guaranty; that though not contained in the letter the principle of the guaranty was in harmony with the spirit of article 10; that this article had been wrongly interpreted as a conservation of boundaries as they stood; that it merely said that frontiers must not hereafter be altered by force but only as a result of peaceful deliberations under league auspices. He gave it as his personal view that if article 10 had to be modified no steps should be taken in this direction except in agreement with the United States as a member of the league; that the elimination of the article would bring in no new state and would alarm some of the new states which had become league members; that it would be for the council, when faced with an actual controversy, to interpret - article 10, subject to the control of the assembly.

Mr. Fielding, Canada, remarked that no proposal for the repeal of article 10 was before the assembly; that such a proposal had been made by a Canadian delegate to the first assembly, but the present Canadian Government now admitted that this could not reasonably be done; that the Canadian delegation, however, deemed article 10 in its present form ambiguous; that the committee of jurists appointed to study article 18 and article 10 had as well taken the same view and had expressed the hope that an interpretative resolution of the assembly might abolish all doubt as to its exact meaning; that it was necessary to ascertain whether article 10 gave the council the right to issue proclamations of war; that the Canadian delegation did not think the council had such right and deemed it necessary that all doubt on this point be removed.

Resolution adopted.

AMENDMENT OF ARTICLE 18 OF COVENANT, FmST COMMITTEE'S REPORT

Mr. Zahle, reporting for first committee, came to the platform and stated that he agreed wit~ Mr. Fernandes, reporter of first committee to the second assembly, on article 18; that Mr ... Fernandes had said that article 18 contained one of the essential principles of the league, which should be neither suppressed nor limited.

The president then submitted the resolution of the first committee on the amendment of article 18, as follows:

Considering that, according to the information furnished by the secretariat, the practice of presenting treaties and international engagements for registration and for publication is becoming more and more familiar to the governments of members of the league and desiring to profit by experience gained over a longer period before reopening the discussion on a. possible amendment of article 18 of the covenant:

The assembly decides to postpone such a discussion to a future session of the assembly.

Resolution agreed to.

INDEMNITIES FOR CERTAIN JUDGES AND ASSESSORS OF THE PERMANENT COURT OF INTERNATIONAL JUSTICE

Mr. de Palacios, Spain, reporting for first committee, submitted its report on indemnities for certain judges and assessors of the Permanent Court of International Justice and offered for the committee the following resolution:

The assembly of the League of Nations having considered proposals made to it by the council in accordance with article 32 of the statute of the Permanent Court of International Justice, accepts the proposals of the council subject to certain changes as to the amounts payable and decides as follows:

1. A judge sitting in the Permanent Court of International Justice, who has been selected in accordance with article 31 of the statute of the court and who is not a deputy judge, shall be granted from the funds of the court a daily duty allow a nce and a daily subsistence allowance and repayment of his traveling expenses, according to the rates and conditions applicable to a deputy judge taking part in a session of the court.

2. Technical assessors summoned to assist the court in accordance - with the provisions of article 26 of the statutes of the court shall be granted from the- funds of the court a daily subsistence allowance of 50 florins during the period for which their functions oblige them - to reside at the place at which the session is held, unless they habitually reside there, or, if they reside at such place, a daily subsistence allowance of 25 florins; and further, the necessary traveling expenses of these assessors shall be refunded them out of the funds of the court.

3. Technical assessors sitting in cases connected with transit and communications and, in particular, cases coming under part 12 (Ports, waterways, and railways) of the treaty of Versailles and the corresponding parts of the other treaties of peace referred to in article 27 of the statute of the court shall be treated in the same manner as the assessors referred to in paragraph 2 above, if they sit by virtue of a decision of the court.

If the technical assessors sit at the request of the parties, then allowances and traveling expenses shall be borne by the parties in accordance with rules to be made by the court.

Resolution adopted.

PROPOSED AMENDMENT TO ARTICLE 1, RULES OF PROCEDURE OF ASSEMBLY

The president stated that Mr. Hanotaux, France, and Mr. Sceapola, Italy, proposed to amend article 1, assembly rules of procedure, so that the assembly's annual session might begin on the third Monday in September instead of the first, as was at present required, and suggested reference to first committee.

The president's suggestion agreed to.

Sixteenth meeting, Monday, September 25, 1922, 10 a. m.

INCREASED NUMBER OF NONPERMANENT MEMBERS OF COUNCIL

Mr. Lapointe, Canada, presented the first committee's report proposing immediate increase of number of members of league chosen by the assembly for representation on the council from four to six. ·

Mr. Struycken, Netherlands, said that the increase would profoundly modify the composition of the council, giving the majority to the nonpermanent members; that the council should be based on the principle of selection, not the democratic principle; that there was danger of hampering its action; that the desire to enlarge the council was due to temporary motives and present circumstances. He said it was true that the league should take account of changes that occurred and groups formed in the development of political relations, but should not be allowed to fall under particular influences; that its principal object was the progressive subordination of national ambitions to the universal and lasting ideas that lay at its base; that it would form an undesirable precedent to make this change in the council without following the procedure laid down for the revision of the covenant.

Mr. Barthelemy, France, remarked that the council and the first committee had felt the force of this reasoning, and had stipulated in naming the reasons for the change that the organic principle of the covenant as to the numerical relation between permanent and nonpermanent members was only temporarily abandoned.

Mr. Burgos, Panama, conceded that the great powers, with the larger responsibilities, should have superior rights, but contended that the fact that the five great powers could permanently dominate the league by means of the council weakened the confidence which all the members should have in the league, asking why the assembly which could nominate the four small powers on the council should not be entrusted with the same right as to the great powers, and stating that he submitted this idea to the committee on amendments to the covenant.

The committee proposal was accepted.

ARMENIAN AND GREEK REFUGEES

Lord Balfour, British' Empire, stated that the British Government had been advised of the danger of some great calamity to the large number of refugees, Armenians and Greeks, at that time without shelter and food in Smyrna; that he had discussed the matter with Doctor Nansen, and that two things were necessary, transportation of refugees to a place of safety and food supplies; that the British Government would give £50,000 if the other governments would produce a like amount. He said that Doctor Nansen's organization could handle the situation; that ships were being chartered, and Doctor Nansen had taken steps for food supplies; that he urged the delegates from Persia, whose attitude was strictly neutral in reference to the unhappy events in the Near East, to inform, if possible, the other Moslem powers of the general feeling of the assembly in this matter.

!\{r. Ader, Switzerland, as president of the international committee of the Red Cross, supported Lord Balfour, saying that the international committee had already sent representatives to Constantinople, Smyrna, and Brusa to report on the situation and to bring to the refugees the assistance which the British Red Cross and the Union Internationale de Secours had put at the committee's disposal; that a representative had also gone to Athens to help the British Government in assisting unfortunate victims at present dispersed throughout Greece and the islands.

Mr. Hanotaux, France, said that his government had already aided in relieving refugees through the French fleet and the French authorities; that the league · council had already interested Doctor Nansen's office at Constantinople; and that he seconded Lord Balfour's appeal.

Doctor Nansen, Norway, observed that it was first necessary to take the refugees from Smyrna to some Greek island; that he had asked the Bulgarian Government for a shipload of flour and believed Mr. Stambouliski (Bulgarian premier) had promised his assistance; that he was asking his representative, the assistant high commissioner of the league at Constantinople, to go at once to Smyrna to see what could be done to save the lives of the refugees; that he joined Lord Balfour in asking the Persian delegation to approach the Turks, if possible, on behalf of the league's position in this matter; that he appealed for cooperation to league members and the general public.

Mr. Radeff, Bulgaria, announced that Bulgaria was already supporting nearly 200,000 refugees in her territory; would do her utmost to assist Doctor Nansen, steps already having been taken to that end.

Prince Arfa-Ed-Dowleh, Persia, informed the assembly that Persia is the only Moslem state represented in the assembly; was especially grateful for the confidence and esteem expressed by Lord Balfour; that Persia had friendly relations with both belligerents and was prepared to utilize such position to act as intermediary in facilitating a great humanitarian project.

Miss Vacaresco, Rumania, on behalf of all women throughout the world supported Lord Balfour's appeal

Sir James Allen, New Zealand, offered this resolution:

The assembly, having heard the statement of Lord Balfour and recognizing the extreme urgency of bringing effective aid to the refugees in the Near East, for which purpose financial assistance from the various governments would be of the greatest value, decides that its members will at once place the situation before their respective governments, recommending an immediate and adequate financial contribution to Doctor Nansen's organization. The proposer added that New Zealand would contribute £1,000 to the relief work.