Rapporteur to the Council unless the Rapporteur considers
it necessary to refer it to the Council."
I t appears from the reply of M. Urrutia, the Rapporteur
to the Council, that he considered that the system of enquiry
instituted by the Resolution of March ~ z t h ,1927, was applicable to the 735 children referred to in the Polish Note of
October 18th, 1927.
As the Rapporteur pointed out at the Council meeting of
December 8th, 1927, this opinion did not prejudge any decision which the Council itself might be called upon to take in
regard to the children of the school-year 1927-1928.
At the same meeting, the German representative explained
&hat the' decision taken by the Council in March, 1927, had
been regarded by him as applying solely to the children of
the 1926-1927 class. He observed that there was a divergence
of opinion amongst the Members of the Council in regard
to this point, and held that the time had come finally to
clear up the legal questions of principle governing the
admission of children to German minority schools. Accordingly,
since the dispute was one of a legal nature, he stated that
it was now his intention to apply to the Permanent Court of
International Justice for an interpretation of the relevant
clauses of the Geneva Convention.
The Council noted the statement of the German representative with the observation that it was understood that the
examinations then proceeding of children belonging to the
school-year 1927-1928 would continue. The decision to be
given by the Court would determine whether children who,
as a consequence of these examinations, might be transferred
to the Polish school, should finally be admitted to the minority schools.
In his oral address to the Court, the Agent for the German
Government also alluded to the report concerning a new
petition made by the Deutscher Volksb.und of Polish Upper
Silesia, which report was adopted by the Council of the
League of Nations on March 7th, 1928.