JUDGMENT No. 12.-UPPER
SILESIA (MINORITY SCHOOZS)
16
By means of a petition dated January 3oth, 1928, and
addressed directly to the Council of the League of Nations
under Article 147 of the Geneva Convention, the Deutscher
Volksbund submitted to the Council a question relating to the
establishment of a minority elementary school in the school
district of Biertultowy, in Polish Upper Silesia. In the
observations submitted by i t on March rst, 1928, in regard
to this petition, the Polish Government expressed the opinion
that the main question raised in the petition, namely, the
question concerning the opening of the minority school of
Biertultowy, could not usefuLly be considered by the Council
a t the moment, since it was bound up with the question of
the interpretation of Articles 106 and 131 of the Geneva
Convention and the interpretation of these articles was then
the subject of proceédings before the Permanent Court of
International Justice at The Hague. The Deutscher Volksbzdnd
having pointed out that, prior to its direct appeal to the
Council, it had submitted its petition to the Polish Office of
Minorities at Katowice in accordance with the procedure laid
down in Articles 149 to 157 of the Geneva Convention, but
had been unable to obtain any answer concerning the action
taken in regard to that communication, the Polish Government
further explained that the reason why it had not hitherto
seen fit to forward the appeal in question to the Council was
simply because i t held that the question forming the subject
of the petition could not usefully be considered by the Council
for the time being.
The Council noted this statement of the Polish Government
and decided to postpone consideration of the question concerning the creation of the minority school at Biertultowy
until the Permanent Court of International Justice had given
its decision upon the German Government's Application of
January and, 1928, to which the Polish Government had
made ref erence.