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Gallery » II. The Council\'s request » The council\'s request

was given only in regard to certain questions submitted by the
Parties and therefore is binding only in so far as the said questions
are concerned.
But it is Danzig\'s further contention that it is both the right and
the duty of the High Commissioner, as an officia1 of the League of
Nations, under the protection of which the Free City is placed,
to examine, on his own initiative and independently of the Parties,
the situation both in point of fact and of law, and to decide any
dispute, either patent or latent, which may have come to his notice.
The true meaning of his decisions should therefore be determined
having regard to these functions of the High Commissioner.
The Court cannot regard this contention as well founded. It
has already been stated that the general principle laid down in
Article 103, paragraph 2, of the Treaty of Versailles-on which
Danzig mainly relies-must be taken in connection with Article 39
of the Paris Convention. From these provisions it is quite
clear that the functions of the High Commissioner are of a judicial
character and are limited to deciding questions submitted by one
or other of the Parties. The High Commissioner, therefore, had no
authority to decide questions which the Parties had not submitted
to him ; and his decision should, if possible, be construed as being
in conformity with the powers conferred upon him.
In the present case, however, it is not necessary to apply this
principle. The decision of May 25th, 1922, by its very terms, was
confined to the questions submitted by the Parties. No reference
was made to the Polish postal service being confined within its
premises or its use being limited to Polish authorities and offices ;
letter-boxes and postmen are not mentioned in any part of the decision. The Court does not, however, attach particular importance
to this fact ; for the exclusion of letter-boxes and postmen might
possibly follow from the general exclusion of postal activities outside the building. But the Court is of opinion that a general question concerning the activities of the Polish postal service outside its
premises was neither submitted to the High Commissioner nor
decided by him.
Of the operative portion of the decision (dispositif), which is to be
found in paragraph 15, only clauses I and 3 cal1 for notice in this
connection.
Clause I is to the effect that Danzig must provide Poland with
the means of establishing a postal service in the vicinity of the port


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