5
Dec. 45
upkeep
of all permanent works for mobilization,
are in the same way forbidden.
"Article
44: In case Germany violates in any
manner whatever the provisions of
Articles 42 and 43, she shall be
regarded as committing a hostile act
against the powers signatory of the
present treaty and as calculated to
disturb the peace of the world."
I
am not going to put in evidence, but I simply
draw the Tribunal's attention to a document of
which they can take judicial notice, as it has
been published by the German State, the
memorandum of March 7, 1936, giving their
account of the breach. The matters regarding the
breach have been dealt with by my friend, Mr.
Alderman, and I don't propose to go over the
ground again.
The next part of the
treaty is in the British Document TC-6, dealing
with Austria:
"Article
80: Germany acknowledges and will
respect strictly the independence of
Austria within the frontiers which may
be fixed in 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."
Again
in the same way, the proclamation of Hitler
dealing with Austria, the background of which
has been dealt with by my friend, Mr. Alderman,
is attached as TC-47. I do not intend to read it
because the Tribunal can again take judicial
notice of the public proclamation.
Next
is Document TC-8, dealing with Memel:
"Germany
renounces, in favor of the Principal
Allied and Associated Powers, all rights
and title over the territories included
between the Baltic, the northeastern
frontier of East Prussia as defined in
Article 28 of Part II, (Boundaries of
Germany) of the present treaty, and the
former frontier between Germany and
Russia.
"Germany
undertakes to accept the settlement made
by the Principal Allied and Associated
Powers in regard to these territories,
particularly insofar as concerns the
nationality of inhabitants."
I
don't think that the Tribunal has had any
reference to the formal document of
incorporation of Memel, of which again the
Tribunal can take judicial notice; and I put in,
for convenience, a copy as GB-4. It is British
Document TC-53A, and it appears in our book. It
is very short, so perhaps the Tribunal will bear
with me while I read it: