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Caution Marks Opening Address of Inquiry Commission Head

October 27, 1929
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Sir Walter Shaw, in opening the proceedings of the Inquiry Commission which is to investigate the Palestine outbreak, gave every indication of an excess of caution when he declared: “The Commission observes that charges of a serious character have been made by the Arabs against the Jews and the Jews against the Arabs, each attributing to the other responsibility for the events which both deplore. Charges have also been made against the administration.” The fact is, however, that not a single leading Arab deplored the outbreak. On the contrary, many boasted of the results of the “revolution,” not one disassociating himself from the rioters.

Except for this grave lapse and the inclusion of the government with those who have been charged-to which Government Counsel Preedy objected, causing Sir Walter to modify the work “charges” to “complaints” against the government-no criticism was voiced in the presiding official’s opening speech, which emphasized the beneficent results of the inquiry, such as the future peace, prosperity, contentment and progress. It is satisfying to note that room was found in the speech for reference to the Mandate, Shaw foreshadowing that the government policy will be directed along the terms of the Mandate. Another salutary reference is that the Commission is not holding the inquiry on behalf of the Palestine government but on behalf of His Majesty’s Government.

Foreign consuls, including Paul Kuabenshue, Consul General of the United States, members of the Vaad Leumi. National Council of Palestine Jews, the Arab Executive, and 30 newspapermen, constituted the audience in the small courtroom, which was jammed beyond capacity when, promptly at four o’clock, the session was opened. Assistant Attorney General Drayton was the only government representative present. M. M. Ussishkin, head of the Jewish National Fund, was in the audience. Pinchus Rutenberg, chairman of the National Council of Palestine Jewry, was not present, nor was Amin El Husseini, Grand Mufti of Jerusalem, although a number of members of the Supreme Moslem Council were there.

William Henry Stoker, Arab counsel, who sat with Abdul Hadi, a member of the Arab counsel, appeared ceremonious and composed, while Sir Boyd Merriman, who heads the counsel for the Jews, was businesslike and eager. Government counsel Preedy indicated a desire to shorten the proceedings as much as possible, suggesting that Alan Saunders. Acting Commandant of Police, be the first witness, presenting his own and his subordinates’ reports on the occurrences in the entire country. Mr. Preedy indicated it would be unwise to take away many police officers from their districts.

Sir Boyd Merriman, speaking earnestly, proposed that the Commission visit the devastated places as soon as possible. Sir Walter replied that they will do so as soon as all sides make their proposals, intimating that a representative of each side will be allowed to accompany the Commission on its tour.

Shaw consented that the counsel on each side should number more than three, declaring that the original limitation had been due to the desire not to give the Zionists more than the Arabs. The proposal to increase the number of counsel was made by William Henry Stoker, Arab counsel, who asked permission for members of the Arab Executive to be present because he requires them for informative purposes.

The Commission will probably adopt Mr. Preedy’s proposal first to inquire as to what happened and then study the reason.

It is not known if the Commission considered the press deputation’s rep- (Continued on Page 4)

resentation to Secretary Luke for facilities during the hearing, since the presiding officers, speech announcing that the press would be barred when witnesses are examined was prepared before the Commission’s arrival.

The Commissioners were ceremoniously dressed. but the proceedings were simple, Sir Walter beginning his address without the customary, “Ladies and gentlemen.”

The other members of the Commission were silent throughout the proceedings.

In the course of his opening address, Sir Walter Shaw outlined the procedure which the Parliamentary Commission of Inquiry would follow, stating: “We are not here to hold a public or judicial inquiry, nor have we the powers of a legal or juridical body. We have been merely commissioned to inquire into certain events and make recommendations concerning them to prevent their recurrence and so assist His Majesty’s Government’s consideration of the lines, within the terms of the Mandate, along which future policy is to be directed.

“Although we had to obtain powers from the Palestine government to facilitate the production and examination of witnesses we are in no way holding an inquiry in behalf of that government or in behalf of any section or sections of the people of Palestine, but in behalf only of his Majesty’s Government for the purpose of enabling those affected by the inquiry to fully lay before us their respective cases. And solely for that purpose, and to assist us in the inquiry, we have decided that the three bodies chiefly interested, namely, the Palestine Government, the Arab Executive, and the Palestine Zionist Executive be permitted to appoint representatives who may be present when the witnesses are under examination in order to elicit evidence of the witnesses they themselves desire to put before us, and question other witnesses, test the credibility of evidence given and elicit such further facts relating to the subject matter of the inquiry they may wish to lay before us.

“We feel confident that the representatives of the bodies interested will do their utmost to limit the range of the inquiry within the scope of matters which we have been instructed to inquire into and to assist us in the conduct of the inquiry so that additional bitterness will not be engendered and some methods will be discovered, enabling His Majesty’s Government to adopt measures that may prevent such regrettable differences and disorders occurring in the future.

“It would be useful if representatives of the bodies mentioned would briefly intimate the special matters to which they desire to direct evidence so that we may specially direct our minds to those points.

“The Commissioners have decided that the objects of the Commission will best be attained if the public and the press are not present when the witnesses are examined.

“It is probable that besides the witnesses produced by representative bodies mentioned, there may be other persons able to give evidence on matters concerning which we have been instructed to inquire into. We shall be glad if such persons will communicate with the Secretary of the Commission, and send him a short draft of the evidence, it is proposed to be given.” Sir Walter concluded.

Bearing banners with the inscription: “We demand justice! Down with the Balfour Declaration!” a few dozen Arabs met William Henry Stoker when he arrived at the Ludd station yesterday, to represent the Arab case before the Inquiry Commission. Mr. Stoker arrived on the same train with the Commission. He was carried from the station on the shoulders of Arabs.

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