JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOLS) 21 child for whose education he is legally responsible", but only "liberty to declare what is the language of a pupil or child" ; and neither does Poland accept in its entirety the German contention regarding exemption in the exercise of these rights from any "verification, dispute, pressure or hindrance on the part of the authorities". The Court will now proceed to consider the objection to the jurisdiction formulated by the Agent for the Polish Government in his written Rejoinder. This objection is based on the f ollowing argument : "It appears from the final observations of No. III of the Reply that the German Government excludes the question of the interpretation of Article 69 of the Geneva Convention when it says : "No doubt can exist that Article 131, in connection with Article 74, regulates the question of admission to the minority schools exhaustively and clearly for both parts of the plebiscite district." I t is only in the Reply that the German Government defines the subject of the dispute so clearly, and this necessarily raises the .question of jurisdiction. Only differences of opinion as to questions of law or fact arising out of the articles which precede Article 72, and not out of those which follow it, may be referred to the Court. The terms of paragraph 3 of Article 72 of the Convention are quite clear." In regard to this objection, the Agent for the German Government has in the first place submitted that it has been presented too late-since preliminary objections, according to Article 38 of the Rules of Court, must be made at latest in the Counter-Case. He argues that the Polish Government might very well have raised the question of jurisdiction in its Couater-Case, on the ground that the German Government had not cited Article 69 in support of its interpretation. He also denies that the German Government has adopted the standpoint that Article 69 should not be taken into consideration, but he regards this point as of no importance since he

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