840.00/320: Telegram
The Consul at Geneva (Gilbert) to the Secretary of State
[Received 4:40 p.m.]
65. The Austro-German project came before the Council this morning.
Henderson17 proposed that the Council seek an advisory opinion from the Permanent Court of International Justice on the juridical questions involved in the relationship between the Austro-German project and Protocol No. 1 of 1922 and article 88 of the Treaty of Saint Germain. He requested Austria categorically to withhold further steps in the matter pending a decision by the Council following its receipt of the advisory opinion. He added that the Court would be requested to take up this subject immediately.
Schober, while setting forth in detail Austria’s contention that the proposed customs union would not conflict with the treaty obligations cited above, accepted the British proposal without reservations.
Briand and Grandi,18 while reserving their positions respecting the political and economic aspects of the situation, also accepted the reference of its juridical factors to the Permanent Court under the conditions stipulated. Curtius19 likewise acquiesced, his speech supplementing that by Schober.
It was evidenced that this adjustment had been worked out in private conferences previous to the meeting and it is understood that [Page 587] Henderson’s influence with Schober was largely responsible for the result.