Harper's Pictorial Library of the World War, Volume XII
Part X. (economic clauses) shall be applied, with the substitution for
the expression "outbreak of war" of the expression "11th November, 1918," and for the expression "duration of the war" of the expression "period from the 11th November, 1918, to date of the coming into force of the present treaty."
=ARTICLE 76.=--Questions concerning rights in industrial, literary, or artistic property of Alsace-Lorrainers shall be regulated in accordance with the general stipulations of Section VII. of Part X. (economic clauses) of the present treaty, it being understood that Alsace-Lorrainers holding rights of this nature under German legislation will preserve full and entire enjoyment of those rights on German territory.
=ARTICLE 77.=--The German Government undertakes to pay over to the French Government such proportion of all reserves accumulated by the empire or by public or private bodies dependent upon it, for the purposes of disability and old age insurance, as would fall to the disability and old age insurance fund at Strasbourg.
The same shall apply in respect of the capital and reserves accumulated in Germany falling legitimately to other serial insurance funds, to miners' superannuation funds, to the fund of the railways of Alsace-Lorraine, to other superannuation organizations established for the benefit of the personnel of public administrations and institutions operating in Alsace-Lorraine, and also in respect of the capital and reserves due by the insurance fund of private employes at Berlin by reason of engagements entered into for the benefit of insured persons of that category resident in Alsace-Lorraine.
A special convention shall determine the conditions and procedure of these transfers.
=ARTICLE 78.=--With regard to the execution of judgments, orders and prosecutions, the following rules shall be applied:
1. All civil and commercial judgments which shall have been given since Aug. 3, 1914, by the courts of Alsace-Lorraine between Alsace-Lorrainers, or between Alsace-Lorrainers and foreigners, or between foreigners, and which shall not have been appealed from before the 11th November, 1918, shall be regarded as final and capable of being fully executed.
When the judgment has been given between Alsace-Lorrainers and Germans, or between Alsace-Lorrainers and subjects of the allies of Germany, it shall only be capable of execution after the issue of an exequatur by the corresponding new tribunal in the restored territory referred to in Article 51.
2. All judgments given by German courts since the 3d August, 1914, against Alsace-Lorrainers for political crimes or misdemeanors shall be regarded as null and void.
3. All sentences passed since the 11th November, 1918, by the Imperial Court of Leipzig on Appeals against the decisions of the courts of Alsace-Lorraine shall be regarded as null and void and shall be so pronounced. The papers in regard to the cases in which such sentences have been given shall be returned to the courts of Alsace-Lorraine concerned.
All appeals to the Imperial Court against decisions of the courts of Alsace-Lorraine shall be suspended. In the cases referred to above, the papers shall be returned under the aforesaid conditions for transfer without delay to the French Cour de Cassation which shall be competent to decide them.
4. All prosecutions of Alsace-Lorraine for offenses committed during the period between the 11th November, 1918, and the coming into force of the present treaty will be conducted under German law except in so far as this has been modified by decrees duly published on the spot by the French authorities.
All other questions as to competence, procedure or administration of justice, shall be determined by a special convention between France and Germany.
=ARTICLE 79.=--The stipulations as to nationality contained in the annex hereto shall be considered as of equal force with the provisions of the present section.
All other questions concerning Alsace-Lorraine which are not regulated by the present section and the annex thereto, or by the general provisions of the present treaty, will form the subject of further conventions between France and Germany.
ANNEX
1. As from the 11th November, 1918, the following persons are ipso facto reinstated in French nationality:
First--Persons who lost French nationality by the application of the Franco-German treaty of the 10th May, 1871, and who have not since that date acquired any nationality other than German;
Second--The legitimate or natural descendants of the persons referred to the immediately preceding paragraph, with the exception of those whose ascendants in the paternal line include a German who migrated into Alsace-Lorraine after the 15th July, 1870;
Third--All persons born in Alsace-Lorraine of unknown parents or whose nationality is unknown.
2. Within the period of one year from the coming into force of the present treaty, persons included in any of the following categories may claim French nationality:
First--All persons not restored to French nationality under Paragraph 1, above, whose ascendants include a Frenchman or French woman who lost French nationality under the conditions referred to in the said paragraph;
Second--All foreigners not nationals of a German State who acquired the status of a citizen of Alsace-Lorraine before the 3d August, 1914;
Third--All Germans domiciled in Alsace-Lorraine, if they have been so domiciled since a date previous to 15th July, 1870, or if one of their ascendants was at that date domiciled in Alsace-Lorraine;
Fourth--All Germans born or domiciled in Alsace-Lorraine who have served in the allied or associated armies during the present war and their descendants;
Fifth--All persons born in Alsace-Lorraine before 10th May, 1871, of foreign parents, and the descendants of such persons;
Sixth--The husband or wife of any person whose French nationality may have been restored under Paragraph 1 or who may have claimed and obtained French nationality in accordance with the preceding previsions.
The legal representatives of a minor may exercise on behalf of that minor the right to claim French nationality; and if that right has not been exercised, the minor may claim French nationality within the year following his majority.
Except in the case provided in No. 6 of the present paragraph, the French authorities reserve to themselves the right in individual cases to reject the claim to French nationality.
3. Subject to the provisions of Paragraph 2, Germans born or domiciled in Alsace-Lorraine shall not acquire French nationality by reason of the restoration of Alsace-Lorraine to France, even though they may have the status of citizens of Alsace-Lorraine.
They may acquire French nationality only by naturalization, on condition of having been domiciled in Alsace-Lorraine from a date previous to the 3d August, 1914, and of submitting proof of unbroken residence within the restored territory for a period of three years from the 11th November, 1918.
France will be solely responsible for their diplomatic and consular protection from the date of their application for French naturalization.
4. The French Government shall determine the procedure by which reinstatement in French nationality as of right shall be effected, and the conditions under which decisions shall be given upon claims to such nationality and applications for naturalization, as provided by the present annex.
SECTION VI.--_Austria_
=ARTICLE 80.=--Germany acknowledges and will respect strictly the independence of Austria. Within the frontiers which may be fixed by a treaty between that State and the principal Allied and Associated Powers she agrees that this independence shall be inalienable, except with the consent of the Council of the League of Nations.
SECTION VII.--_Czechoslovak State_
=ARTICLE 81.=--Germany, in conformity with the action already taken by the Allied and Associated Powers, recognizes the complete independence of the Czechoslovak State, which will include the autonomous territory of the Ruthenians to the south of the Carpathians. Germany hereby recognizes the frontier of this State as determined by the principal Allied and Associated Powers and the other interested States.
=ARTICLE 82.=--The old frontier as it existed on Aug. 3, 1914, between Austria-Hungary and the German Empire will constitute the frontier between Germany and the Czechoslovak State.
=ARTICLE 83.=--Germany renounces in favor of the Czechoslovak State all rights and title over the portion of Silesian territory defined as follows:
Starting from a point about 2 kilometers southeast of Katscher, on the boundary between the Circles (Kreise) of Loebschütz and Ratibor: the boundary between the two Kreise; then, the former boundary between Germany and Austria-Hungary up to a point on the Oder immediately to the south of the Ratibor-Oderberg railway; thence, toward the northwest and up to a point about 2 kilometers to the southeast of Katscher: a line to be fixed on the spot passing to the west of Kranowitz.
A commission composed of seven members, five nominated by the Principal Allied and Associated Powers, one by Poland, and one by the Czechoslovak State, will be appointed fifteen days after the coming into force of the present treaty to trace on the spot the frontier line between Poland and the Czechoslovak State.
The decisions of this commission will be taken by a majority and shall be binding on the parties concerned.
Germany hereby agrees to renounce in favor of the Czechoslovak State all rights and title over the part of the Kreise of Loebschütz comprised within the following boundaries in case after the determination of the frontier between Germany and Poland the said part of that circle should become isolated from Germany: from the southeastern extremity of the salient of the former Austrian frontier at about 5 kilometers to the west of Loebschütz southward and up to a point of junction with the boundary between the Kreise of Loebschütz and Ratibor: the former frontier between Germany and Austria-Hungary; then, northward, the administrative boundary between the Kreise of Loebschütz and Ratibor up to a point situated about 2 kilometers to the southeast of Katscher; thence, northwestward and up to the starting point of this definition: a line to be fixed on the spot passing to the east of Katscher.
=ARTICLE 84.=--German nationals habitually resident in any of the territories recognized as forming part of the Czechoslovak State will obtain Czechoslovak nationality ipso facto and lose their German nationality.
=ARTICLE 85.=--Within a period of two years from the coming into force of the present treaty German nationals over 18 years of age habitually resident in any of the territories recognized as forming part of the Czechoslovak State will be entitled to opt for German nationality. Czechoslovaks who are habitually resident in Germany will have a similar right to opt for Czechoslovak nationality.
Option by a husband will cover his wife, and option by parents will cover their children under 18 years of age. Persons who have exercised the above right to opt must within the succeeding twelve months transfer their place of residence to the State for which they have opted. They will be entitled to retain their landed property in the territory of the other State where they had place of residence before exercising the right to opt. They may carry with them their movable property of every description. No export or import duties may be imposed upon them in connection with the removal of such property. Within the same period Czechoslovaks who are German nationals and are in a foreign country will be entitled, in the absence of any provisions to the contrary in the foreign law, and if they have not acquired the foreign nationality, to obtain Czechoslovak nationality and lose their German nationality by complying with the requirements laid down by the Czechoslovak State.
=ARTICLE 86.=--The Czechoslovak State accepts and agrees to embody in a treaty with the principal Allied and Associated Powers such provisions as may be deemed necessary by the said powers to protect the interests of inhabitants of that State who differ from the majority of the population in race, language or religion.
The Czechoslovak State further accepts and agrees to embody in a treaty with the said powers such provisions as they may deem necessary to protect freedom of transit and equitable treatment of the commerce of other nations.
The proportion and nature of the financial obligations of Germany and Prussia, which the Czechoslovak State will have to assume on account of the Silesian territory placed under its sovereignty will be determined in accordance with Article 254 of Part IX. (financial clauses) of the present treaty.
Subsequent agreements will decide all questions not decided by the present treaty which may arise in consequence of the cession of the said territory.
SECTION VIII.--_Poland_
=ARTICLE 87.=--Germany, in conformity with the action already taken by the Allied and Associated Powers, recognizes the complete independence of Poland and renounces in her favor all rights and title over the territory bounded by the Baltic Sea; the eastern frontier of Germany as laid down in Article 27 of Part II. (boundaries of Germany) of the present treaty, up to a point situated about two kilometers to the east of the Lorzendorf, then a line to the acute angle which the northern boundary of Upper Silesia makes about three kilometers northwest of Simmenau, then to where the boundary of Upper Silesia has its meeting point with the old frontier between Germany and Russia, then this frontier to the point where it crosses the course of the Niemen, and then the northern frontier of East Prussia, as laid down in Article 28,