Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-25


with their mandatory obligations always
have been rejected by the Arab leaders"
Secretary Henderson furthermore ac-
cuses the Mandates Commission of re-
iecting certain findings Of the Shaw
Commission and adopting criticisms
presented by Jewish agencies without
giving Britain opportunity to comment
on the Jewish observations.
Commission Is Criticized.
Criticizing the Mandatory Commits
sion's attitude the British declaration
says his majesty's government note
that the finding of the Shaw Com
mission on questions of fact. such as
the causes Of responsibility for the
outbreak, have been in some cases
ignored and in others called in ques-
ton.
Whatever view may be taken of
the conclusions arrived at by the COM
mission, their verdict on questions of
fact, coming from so authoritative
source, and based upon actual evidence
tested by rigorous cross-examination,
make surprising the attitude toward
them of the Mandates Commission.
This is more striking when con-
trasted with the fact that at the same
time criticisms taken from a Jewish
memorandum-whichr reached the man.
datory powers too late for an accom-
panying comment to be made upon it
have been adopted.
Generally speaking, the pronounce
nents on the charge of the Arabs
against the Jews and of Jews against
Arabs have been omitted from the re-
port as ultimately held to be outside
the scope of the Mandates Commission
although they were discussed at length
in the proceedings.
The mandatory power has In conse-
quence been made to appear as the only
one OF the parties concerned who Is
deserving of criticism. The manner in
which the eX-parte statements reflect
ing on the conduct of his majesty's
government have been adopted by the
commission, while the considered judg-
ments of the Shaw Commission, based
on an exhaustive inquiry on the spot
and upon evidence which had been
subjected to searching cross-examina-
ton by eminent counsel, have been dis
missed as untenable or have been
ignored, suggests that undue weight has
been given to criticisms of the manda-
tory which his majesty's government
had insufficient opportunity of rebutting
or, in some cases. none at all.
His majestys government cannot
but feel that a protest is called for
against the procedure Of the commission
in basing much of their criticisms on
information drawn from such sources"
Mandate Report On Riots.
Dealing with the immediate causes
Of the Palestine disorders the mandate
report says:
"A. 1t has already been observed that
numerous incidents centering at the
Wailing Wall from September, 1928, to
August is, 1929, contributed largely to
creation Of the state of mind which
eventually led to the outbreak. For the
most part these incidents were provoked
by attempts by both parties to alter as
regards the arrangements at the place
| and the customary use made of 1t, the
| status quo that the British government
by its declaration of November 10, 1928,
had ordered to be observed pending the
agreement which it was hoped would be
reached between Moslem and Jewish
authorities regarding the performance
of ceremonies before the wall.
This declaration would have gained
| by being supplemented by police regula-
| tons specifying the practices In which
| Moslems and Jews might engage and
those which were forbidden. In the
absence of such regulations, the express
sion status quo had no definite meaning
! In the eyes OF the two parties who were
| equally disposed to exaggerate their
| claim.
Uncertainty Hampered Police.
Moreover, the consequent uncertainty
necessarily made 1t difflcult for the po-
lice to act. The regulations, which
might well have been issued earlier
were finally promulgated in September,
| fv,oa fkat@ IL
| examinations on the part of those who
/ found an equivocal posisabn convenient
but since 1t is stated in the report on
the administration of Palestine for 1929
that no incidents of note have taken
! place at the wall since these instructions
| were issued it is reasonable to suppose
that had regulations been issued earlier
| regarding the use of the pavement in
| front of the wall and the space imme-
diately surrounding 1t many incidents
would have been avoided The danger
Gus excitement to which they led was
kept at high pitch until the eve OF
the disturbances"
"B. The mandatory government
agrees with the commission of inquiry
that this state Of mind was maintained
| by continual indictments of the jew
ish. and more especially Of thu Arab
LEGAL press. 1t has, however been es-
tablished that the ADMINISTRATION did
| not always use at the right moment its
powers under the press law to suspend
seditious prints.
&C. 1t Is beyond question that the
Palestine government was In several
instances taken by surprise by these
events In the course of the agitation
the administration appears to have dis
played a lack of insight, especially on
the occasion Of the Jewish demonstra-
ton before the wall on August Is and
the Moslem counter demonstration or