Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-06
WORLD COURT ENDS
CUSTOMS PROBLEM
8-to-7 Ruling Holds Austro-
German Union Would Vio-
late Geneva Protocol.
BY the Associated Press.

BY the Associated Press.
GENEVA, September 5-The World
Court decided today that the projected
Austro- German customs union would be
violation of Austrias international en-
gagementS under the Geneva protocol
of 1922.
The decision, reached at The Hague
and made public here, was returned by
eight judges of the court, with seven
dissenting. One of the dissenters is
Frank B. Kellogg, former Secretary of
State of the United States.
Members of the court from France,
Poland, Salvador, Cuba, Spain, Italy
Colombia and Rumania concurred in
the majority opinion. In addition to
Mr., Kellogg, the German, British, Jap
anese, Chinese, Dutch and Belgian
jurists dissented
The court held that "the regime
established between Germany and Aus
trla on the basis of, and within the
limits of, the principles laid down by
the protocol of March 10, 1881 (the
customs union plan), would not be COM
patible with protocol No. /, signed at
Geneva october 4, 1922"
Renowned by Nations.
Dr. Julius Curtius and DR.. Johann
Schober, German and Austrian foreign
ministers, renounced the pact before
the European commission here last
Thursday, and todayS decision def
nitely removed the troublesome problem
from the international arena. France
and the little entente powers were
among the leading opponents of the
union, which they saw as the opening
move toward political unity
The German and Austrian delega-
lions at the League of Nations had
looked with displeasure on the neces-
sity of remuneration, but they were in
good spirits as a result of The Hague
decision, which they regarded as a
moral victory
The Austrian delegation issued official
comment to the effect that the weight"
of the minority opinion, voiced by the
American, British, Japanese and other
judges, forever diScredits the accusation
that Germany and Austria wilfully dis
regarded Austria's treaty obligations.
The Germans also interpreted the
decision as a reputation of the charge
that they and their Austrian colleagues
had Haunted treaties and upset the
peace of Europe"
Mere Speculation"
The German delegation declared
there was clarity and force in the
minority opinion compared with the
"vagueness" of the majority opinion
which did not specify clearly the
grounds for its conclusions, but, in the
language of the diSsenters, aroused the
suspicion that these conclusions can
not amount to more than mere Specu-
lations"
The grounds on which the majority
opinion were based are. in effect. that
Austria is sensitive point in the Euro
pean system and her existence is an
essential feature Of the political settle
ment after the war
The opinion did not, however, state
that any form of customs union with
Germany would violate the Geneva
protocol
The court has not to consider the
conditions under which an AuStro- Ger
man customs union might receive the
Councils Cof the League of NationsD
consent" the opinion said. THE only
question the court has to settle is
whether, from the point of view of law.
Austria could, without the consent of
the Council, conclude with Germany the
customs union contemplated ="
without committing an act which would
be incompatible with the obligations she
has assumed"