The Jewish Agency, All-jewish Union for Palestine, is Public Body Recognized by International Law

The “Jewish Agency” which, by the vote just taken by the Sixteenth Zionist Congress, will be extended to include non-Zionist Jews as well as Zionists, is the legal term in post-war international law for the Jewish public body which has been granted certain defined rights and privileges in relation to Palestine by the League of Nations and the British government. The body derives its authority from the Mandate given by the League of Nations to the Government of Great Britain for the administration of the territory of Palestine, the Mandatory Power being responsible for “placing the country under such political, administrative and economic conditions as will secure the establishment of the Jewish National Home.” To assist the Palestine government in this task, in accordance with the Balfour Declaration and the Preamble to the Palestine Mandate in which the “historical connection of the Jewish people with Palestine” was given official recognition by the Allied Powers following the World War, this special Jewish body was recognized. Up to the vote of the Congress to enlarge the Agency, the Zionist Organization, having its headquarters in London and Jerusalem, was recognized by the British Government as the Jewish Agency, which enjoys the rights and privileges outlined in Article IV of the Palestine Mandate.

Article IV defines these rights in the following terms: “An appropriate Jewish agency shall be recognized as a public body for the purpose of advising and cooperating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish National Home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.”

The same Article IV of the Mandate confers upon the Zionist Organization recognition as the Jewish Agency and provides for the possibility of its extension to include non-Zionists. The second paragraph of Article IV says: “The Zionist organization, so long as its organization and constitution are in the opinion of the Mandatory appropriate, shall be recognized as such agency. It shall take steps in consultation with His Brittanic Majesty’s Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish National Home.”

The Mandate was approved by the Council of the League of Nations on July 24, 1922. In advance of this date, on June 30, 1922, the movement for the establishment of a Jewish National Home in Palestine as defined in the Balfour Declaration and in the Mandate was concurred in in a resolution by the House of Representatives of the United States, although the United States was not a member of the League of Nations and not a party in the allocation of the Mandates. On July 15, the U. S. Senate concurred in this resolution and it was approved by President Harding.

Dr. Chaim Weizmann, as president of the World Zionist Organization, following the adoption of resolutions in June 1923 by the American Zionist convention held in Pittsburgh, Pa., and by the Thirteenth Zionist Congress held in Carlsbad in August 1923, favoring the extension of the Jewish Agency, started negotiations with the American non-Zionists, headed by Louis Marshall, president of the American Jewish Committee, and Felix M. Warburg, chairman of the American Jewish Joint Distribution Committee. Negotiations were also conducted with non-Zionist representatives of the Jewish communities in Great Britain, Germany, France, Poland, Roumania and other countries. The American non-Zionists held three conferences, the last and most important of which was held in New York on October 21, 1928, when a final decision was reached. The non-Zionist conference, after receiving a report of a specially composed Palestine Survey Commission, which included many American experts, among them Dr. Elwood Mead of the United States Agricultural Department, agreed to join the extended Jewish Agency and appointed a committee of seven to designate the 44 delegates to which the American non-Zionists are entitled under the agreement between Dr. Weizmann and Mr. Marshall.

Throughout the six years during which the negotiations went on there raged a strong controversy in the ranks of the Zionist movement as to whether the cooperation of the non-Zionists, who do not profess the principles of political Zionism, is to be invited. Dr. Weizmann’s policy developed a formidable opposition, which raised continuous objections and imposed many reservations on the contemplated pact with the non-Zionists. The matter came up at every Zionist Congress held since 1923. The opposition dwindled to an insignificant minority when the American non-Zionists, under whose leadership the negotiations were principally conducted, consented to the inclusion of the term “Jewish National Home” in the preamble to the enlarged Jewish Agency’s constitution and agreed to incorporate into the new body’s governing rules clauses which guarantee: 1, a continuation of Jewish immigration to Palestine; 2, the recognition of the principle of Jewish labor in enterprises operating under the auspices of the (Continued on Page 8)

Jewish Agency; 3, the development of the Hebrew language and Hebrew culture in Palestine; 4, the freedom of the settlers to determine their own form of settlement, provided that their economic self-sufficiency will be taken into consideration; 5, the recognition of the Jewish National Fund, the Zionist land purchasing agency, as the instrument for the purchasing of land in Palestine as the inalienable property of the Jewish people. Such lands are not to be sold, but leased to settlers on a 99-year basis.

The Council of the Jewish Agency which will now open its first session on Sunday, August 11, in Zurich, will consists of 220 members among whom there are a number of the most prominent Jews of the world, eminent in various fields. The American delegation will be the largest among the delegations from 21 countries in attendance, since the non-Zionists will have 44 and the American Zionists 18 representatives. The Council will be equally divided in its membership, 110 being Zionists and 110 non-Zionists, a non-Zionist being one who is not a member of the Zionist Organization or any of its affiliated bodies.

In official reports submitted to the League of Nations by the Zionist Organization, it was estimated that a sum exceeding $50,000,000, both in public and private capital, has been invested by Jews in Palestine since 1920. American Zionists alone have, during the past 10 years, raised for Palestine a sum exceeding $15,000,000. According to the recommendations formulated by the Joint Palestine Survey Commission, headed by Lord Melchett and Felix M. Warburg, a minimum sum of $5,000,000 annually will have to be placed at the disposal of the enlarged Jewish Agency to carry on the work which aims towards furthering the establishment of the Jewish National Home in Palestine. Sixty per cent of this sum is to be raised among the Jews of the United States.

Two more contracts for construction of hospital units, at a cost of more than $175,000, in Gloverville, N. Y., have just been approved by Lucius N. Littauer. His initiative and financial assistance have made possible the growth of the Gloverville Hospital.