THE PERMANENT MANDATES COMMISSION A STUDY IN INTERNATIONAL ADMINISTRATION THIS IS AN ORIGINAL MANUSCRIPT IT MAY NOT' BE COPIED WITHOUT THE AUTHOR’S PERMISSION Approved! Approved: Dean of ' the Graduate Schoof. Supervisory Coni tie© THE PERMANENT MANDATES COMMISSION A STUDY IN INTERNATIONAL ADMINISTRATION THESIS Presented to the Fseulty of the Graduate Sohool of M of Teine in Partial Fulfill* Mb For th® LO3W • MMM By Dale t , eg • - a Dallas t IMb June # Mb ?0 ~ Le B AND B. W PREFACE THE disposition of the colonics of Ge nanny and Turkey at the end of the Jorld War led to the inauguration of the system of mandates. This experiment has attracted much interest because it has involved the widest application of the principles of international administration. The success of the venture has been somewhat surprising to students of govemunt and has raised the question of how far international corporation can ba extended. At the center of the mandate organization is the Permanent Mandates Cawmission, which has proved to bo a very efficient organ. The present study is an attempt to describe its character and to evaluate its work from th® first through the thirteenth sessions. ihe suggestion for undertaking thia investigation was made by Professor Pitman b. Potter, of the University of Wisconsin, visiting professor of government in the University of Toxas during th® aumer of 1P27. The research involved and the actual organisation and writing of tills dissertation have been carried on under the direction of professor Charles A. Tim, of th© University of Texas, to idiom the author expresses his sincerest appreciation. He likewise feels greatly in debt to hie wife for her aid in copying documents and for her continuous oneouragement • St D. M., Jr. CONTENTS CHAPTER PAGE PREFACE . . . . iv I. ORIGIN AND NATURE OF THE MANDATOR! SYSTEM I 1. A ITow Experiment in Intematlo-ial / Administratis 1 2. The Polley of Exploitation • . • 5 The Policy of Trusteeship 8 4. Genesis of the Mandatory Idea • ••••••• 16 5. Establishment of the Mandate System ..... 22 6. Basic Value of the Mandatory Plan 28 II. THE MANDATORY POWERS AND THE LEAGUE OF NATIONS .... }1 1. Juridical Nature of Mandate System 2. Obligations Assumed by Mandatories ...... >4 Enforcing Responsibility of Mandatories ... 40 4. Organs of Control! Th© Council ........ 46 4e. Organs of Controli The Assembly • • 49 5. The Role of the Permanent Mandates Commission . 51 6. The Mandates Commission and the Mandatory Powers 58 III. ORGANISATION AND PIWDUJRE OF TH PEBIANENT MANDATES COMMISSION . . . . 67 1. Establishment of the Commission 6? 2. Relations of the Commission with other League Organs* Council and Assembly ........ 74 2s. Rei tions of Ootanis a ion with Longue Secretariat 77 2b. Rei tions of Commission with Remaining League Agencies 31 5* Officers of thoCcmmlsaion • 84 4. Sessions or the Corn las ionit Place end Timo of Meeting 86 5. Agenda and Order of business 95 6. Examining Mandatory Reports • 98 7* Procedure on Petitions ••••••• 1Q5 8. Procedure in Special Cases • 10/ 9* Reports to the Council and Documentation . . . Ill IV. 1HE CONTROL OF ADMINISTRATION 114 1. The Mandates Commission as an Agency of Control 114 2. Resisting Incorporation of Mandated Areas and Populations 118 5* Seeing that Local Administrators are Co trolled 155 4. Investigating and Rectifying ierioua Abuses* . 141 5. Maintaining Stable Government* Law and Order . 149 6. Developing Native Institutions 153 7* Promoting Material and Moral Well-Being of the Natives ........... 166 V. THE CONTROL OF ECONOMIC AND FISCAL CONDITIONS .... 175 1. The Mandates System and the Principle of Economic Equality 175 2. Tariffs and Equal Treataont ......... 179 5* Concessions and Equal Treatoent ....... 137 4. Maintenance of Fiscal Integrity of Mandates • 195 5. The Problem of Loans ............ 204 6. Th Protection of Native Rights and hit are sts • 214 VI. THE UNv PROBLEM IN THE MANDATED TERRITORIES ♦ • • • Mf 1. Native Lands and the Principle of Trusteeship . 227 2. The St tus of Vacant Landa ......... 250 5* Native Land Titles . . «... 253 4. Native Reserves ............... 252 5. Reforms in tile Territories ....... 259 6, Adjustment of Frontiers ........... 268 VII. SLAVE X, LABOR OQNDIHQBS, AND PUBLIC HEALTH .... 279 1. The Slavery Problem in Mandated Territories • 279 2. Compulsory Labor for Public Purposes .... 284 The Problem of Contract Labor $02 4. Labor and Native Seifare ......... . 515 5. Health of Native Workers . 525 6. Public Health 554 VIII. ALCOHOL, MUNIWN3, AND MILITARY CLAUSES 546 1. Interpreting Liquor Clauses oi the Panda tee • 2. Supervising the Application of the Militaxy Clauses ..... 562 5. Controlling the Traffic in A ms and /Unit ions . 4. Interpreting the mil it try Clauses 5. Applying the Military Clauses ... .... 598 IX. - EDUCATIGH AND FREEDOM OF CONSOIMNCE « o« 4 » v ¢ ¢ o o 410 1. The Problem of Edusatien in the Mandoted = Torritories .« o v % o % » » s es s {ue 2+ Developing Efimflmlhuq VR R Md 3. Extending Hdueational flpm:w B e - 433 | 4. Promoting Mucational Tfficlency + + .+ .+ 4+ 450 "5, Precdon of Conselenss « + o v’ s s s s s s s s AR Be OONGINOIN & % 5 %5 65 .6 S HBEEEBESS S0 b 491 I. TYPICAL *C W MANDATE 518 II. TYPICAL *B’* MANDATE 521 III. TREATY OF ALLIANCE BETWEEN GREAT BRITAIN AND IRAQ . . 526 IV. MANDATE FOR PALESTINE . . . 551 V. MANDATE FOR SYRIA AND THE LEBANON 558 VI. CONSTITUTION OF THE PERMANENT MANDATES COMMISSION . . 545 vii. for «a% «b% and •c* territories . . 547 VIII. TYPICAL WORT OF PERMANENT MANDATES COMMISSION ?ND ACTIOM TAKEN BY COUNCIL AND ASSEMBLY 568 IX. 8Y*U«3 AND RULES OF OP PERMANENT MANDATES coMLiissiati 596 X. BIBLIUGWHY . 601 CHAPTER I ORIGIN AND NATURE OF THE MANDATORY SYSTEM 1. A NEW EXPERIMENT IN INTERNATIONAL ADMINISTRATION THE provision of the Covenant of the League of Nations that the former colonies of Germany and Turkey, which they lost as a consequence of the lorld ar, should bo administered by nations, who, by reason of their r sources, their experience or their geographical position, can best undertake this responsibility, and who ore willing to accept it, and that tills tutelage should be exercised by them as andatorics on behalf of the League,” legally inaugurated one 2 of the most interesting experiments in the history of governmental institutions. while international supervision of backward areas had been undertaken for some 5 time with varying degrees of success, no machinery had been devised comparable to that established by the Treaty of Versailles. M. Hymans, the Belgian member of the Council of the League, who gave the first official report concerning the nature of the Mandatory System, stated a recognized fact when he said: *Je are face to face with a now institution. Legal erudition will decide as to the extent 4 to which the older juridical notions can apply to this institute n.” As could bo expected, the plan has its critics and its defenders. Thus one writer has declared tmt the colonial andate a poars ns a convention nui generis, differing from the civil mandate and implying the grant of perpetual po?; r over the thing admin is tarsdl that,'rtl do -'. , ;■ ' net ol Isaac of ndatoe* io funds lentdly the sane thing tn law ae in foot — 5 tho . Art It ion of the rnn «nd urhish col nicsZ It has been freauently charged that nnndatoo oro nothing but veiled annexatlona* that the mandatories have appro- tad to their om use the Jerrltorloa entrawtod to tnelr care* 7 sy trustee idea haa been described on a the r <og e oerAlng no c sort of Ur. to shield the Ir* Hyde activities of „n the other hand* ■./1111m r. tappard, nho Ims been non elated oith the ocheoe fron its beginning* says that while *at first glance the only difference between the inotit of aandntao and annexation to be that* by Uw former* the rulers were relieved of the ncccsoity o* dedusting the value oi their prises frou thoir reparation claims* 53 theoo core declared to be honorary truoto and not At rial amrdo* tills is by no neons the case. ”1 firmly believe** lio declares* n that the inetltutim of whatever have bcm tic hidden intentions of tho e ho reluctantly accepted it in lieu of annexat on md olio not out to apply it* is me 11 of rent value ond of groat proviso** It la atm t.,0 early to det'ruins tie full slgnli’iconce of the experiment* L iring the years of its existence it ’.so evinced elc icnta bath of strength of wtaees* Although no final concise?l no can \ 1 to t ultimate of the sya on, it tian nevertheless demonstrated Its practical value and emphasised tho great pooolbV Itlos 1 the field of International administration* lio present otrdy is an effort to mnlyr and evaluate the sonde to ns an sdm nlstmtlve organisation. It is concerned principally with he wHc of the MMMMftt fiMtet ommlaslai* tshleh is viewed ne on Vto rmt ionol ndulnlatm-* tlve agency. Te numerous and complex problems In the madder- territories are dealt with only as they come within the scope of the Commission’s act vit .es. The chief function of the Commission is to see that the ..mndatory powers properly discharge the obligations of trustees ip which they have assumed in relation to the peoples under their control. hntev r value the mandate system possesses res to in the final analysis upon its recognition of the trust principle and its proves on ci ; ly to carry tills principle into effect, It must be regarded as a product of colonial experience, in which two opposed policies have continually struggled with each other for s ipreraacy — the policies of exploitation and of trusteeship. 1. Treaty ol Versailles, Port I, Article 22. 2. Jid c-s pr ead r eot is attested by an ever-increasin body of literature on the subject* For selected bibliographies, see Robert Redslob, de la des Rations, 17^-77> Araos 3. ikrshey, he r gsentials of International Lm? and Qrganizailon, 191*92 _cF. poe€7 4. y?f ioial Journal of the League of Rations, No. 6, 1920, p. 5* X .» o'ln* "Leo uyatoues des hndats colminim' 1 in v:k? du , ruit Internstiv ct de JZ c - ; n nuent »ancatoo Co «Jias lons In rhea Uth jogalm* If-W? Uiutqo of -'joss ion* E >O-61 *» a* ”ihe Defects o* ystem ■ * mala of the _ _ t c _ j _ __ of Ppi lily 1 and c '._l science* 4*! ~lF* Rol a time pp 2. THE POLICY OF EXPLOITATION Hie early £aractice of colonising states was to exploit the territories and peoples under their domination. Ihe dependencies of ancient oriental monarchies, while enjoying practical autonomy, were obliged to pay tribute to the conquering state. 7he ruler of ths victorious tribe placed a governor e on subject community, who collected taxea, paid the expenses of the local 9 government, and sent in the surplus, if any, to his chi f. It was common among the less civilised peoples of the orient f r the sovereign to divide his authority into fragments as numerous as the provinces ox hie empire and to send to each a vice-regent, who carried with him the undivided authority of his chief, iho governor thus became absolute within his province, the delegation 10 of political powers to him being practically unlimited. A striking illustration ox the ancient policy is found in the arrangements made by Phoenicia for the government of her colonies. She tribute exacted was light btrt it inns collected by force if necessary. Trade of dependencies was jealously monopolized for the benefit of trie mother country. Ihe .hocnicinns frankly admitted that they were actuated solely by self-interest and not by humanitarian motives in their relations with their fhe Athenians, following he defeat of the Persian expedition, reduced their allies in the egean to dependence and obliged then to pay tribute, chile retaining their own governments, the subject peoples were under the control of Athenian officials and could have their oases tried only in the Athenian courts. In c rtain Instances, their 1 nds were seized and distributed among citizens of the homo city. c After the Peloponnesian Far, Sparta fell heir to the Athenian territories, She ruled them more directly, interfering frequently in local 15 affairs. Ihe Greeks, unlike the Phoenicians, were careful to spread their culture among their subject peoples, emigration of Greek citizens to tho col-14 onios being common. Among the Ronans, who os tabliehod their Empire following the Second unic War, emigration and trade were subordinate considerations; metropolitan control was the important thing. Dependencies in Italy were of two typos — trie municipia, which retained thtir local governments and social institutions, and tho colonise , which were conquered territories divided among and occupied by Roman citizens and directly dependent on the parent city. Outside Italy were found the prov which were originally independent states 15 but were now plooed under the immediate control of tho own governor. Ihe provinces were regarded ns ”tho estates oi the Roman people. were important chiefly for the revenues collected from the®; taxes rore levied on the 16 inhabitants until they galled under the load. Iho governor me unlimited in his authority. Ho hod power over life and death; only Roman citizens could 17 appeal to the central government for relief. Government of the colonies »a« extremely centralized* -he ■ nperor omaenly pasoed on the rdnuteat details of Miiniatrotloft -* no the ea abllahmmt of a fire conpemy o: the organisation 18 of a charitable shinty or the removal of a teaple. ’ pae ihmbitanto lied no which were allowed to interfere with the theory of conquest, Wish mi that all peoples and r of MUM* .. MMa* in th* last Mali tlfb nth century *Ma**ad na Bhang* oi‘ policy so far as native rMiW v MM| IW * tsgaee® Vasco d Ml *m* UM tribes of India M*MM iMM or M** aticns it hm tern eat limbed that th® I IMI a net profit 01 . W MBMilly® In dealing *MI t • Mt&W* Ml to a r%l oof intrigue Ml terrorlsß* Che tributes whloh MM extorted became heavier with ths paaoing years* Atrocious cruelties wore generally inflicted# tlhMtoa the native Mil became Mm* under IM' lash Of RhtßMM* MM» IB spite of the efforts of Jesuit missionaries* cho endeavored to Mtlgate We Mb* MMi ®aong We Indiana, periodic MhMi ravaging dloMxrn, MMMI MMi/* Spanish *M odo see* olallar* natives MM thought to mMI to be forcefu’ly Christianised-, rei or tBM elMWtaMl bobsM to require. '.Io Ml mllglouo laaMla and the IMI of MM MBMM jaa dM M’MdMB with Wo ■ । econoal© aaMM ** We <MM of local ItbMb for f t oere MM MM cn t aMMMMf Ml Mi Spaniards emoted of aOM natives a oapitation taxi MM* paid * aMMi or MMMMt* Wxj others served eightem wnWa nt a ; - ■ n m -x ; ..... .-rtrmLlr-- -', .n ; ;v- r -. 'vC, C.r: o-> mho mi amt to govern We colsmlw# w» the mmM*s al distance added to Me and, far mawod f'roti tom as to was, to bo-24 cam tyraaalaaX seid saprossivo. Hie -.ngli®! settlers in lorth extended their holdings in spit© oi' stubborn opposition of to Im lane. Ito pressure of to oolmUJbU on to natives wrested serioua difficulties*—lndian raids and reprisals by the Elites* After ebollto in lad bins ta&en hi ear were froquontly mde slaves- In 1765, dryland put a prto of tea pounds on Indian or prtomrs- Zn discussing the eapansiai of white holding toward to west, ons writer soysi Th© United Jtato wn an from savagely, but she did it by an ever-shifting frontier, tot ms invariably known frea Tennessee to Oregon as ’the bloody GromU n Lehto that shifting frontier ma to As»»lean pioneer with his In front of tot frontier me Hie Indian »ith his teratouk* Between thea ma to Bloody (Mraunl**** Always, to step of white taen, to teckmrd atop cf rod noant a b ttlo, bloodsheds nw to col onio w wiped out ly to 3ioux in dinnoootaj or th© eleelamrloe mssadred by the Cayuse in Grcgcai or to Im ions mot down and fleeing to to saves of the lto hunted an tola# to treatment of natives fry colonizing Ultimo ma ctoractcrlrGd as follows by a depart of the Home of Caraone Coaciittee of 1057’ It is not too ciuch to gay that to interocurne of Europeans in general» without any exceptto in favor of to subjects ax Great Britain* has boon, micas attended atoiana ry csertimo, a aeurce of mlaMtto to mcivlllrod nations* Too often, their territory has boon wurpod? their property setodj their nwiboro telr ohanctcr to spread of impeded* Furapoan vicoa and dioeogea bom introduced th*®* mad toy awe bam feniillartod with to use of our moot potent instruimfe for fee subtle or fee violent destruction of huuan liio, viau, brandy and fee conquest of Africa beginning about W/5 ma attended qy th© ©awe type of abuses. Aiag uoopeld'e of labor hi fee Belgian Congo aoon became notorious for Ito excesses. Satires feo mxild not labor at gathering rubber were, with their fenlliee, placed hi hostage liouoog, amo 10,000 gassing through uawcntr'tion of tills type anmally. fe® bn> 23 tallty of the offioiale led to thousands of deaths aaong the natives. teopold nationalised of the land, th© natives being par lit fed to tain only that felfe they had tandor cultivation or on feieh they actmlly lived. were to exploit fee rubber resources of trxo Congo and ©Glutted nsny wrongs against fee natives. van Hw cyl van 29 products—al Id fruits, mta, and th© lUce—wore appropriated Ly the whites. The i ronch adopted a ilka policy in their aelgiboring poaeeedom. Ham forty oorporetlonfl wore organised wife exclusive righto to gather fee jafoduoto of fee territory. A few,payable in rubber,was tabooed upon fee mtlvca In of fee ooswawrclal coapanlcn. A rebolliai of fee followed,and fe Fmh resorted to a tree low punitive expeditions, lativoe were regularly floggsi 50 to and idlerc sere uutllatei. fee Portuguese instituted a systei c< slavery la fee islands ef da® and befewm 1838 md 1909 88,000 AMMHh to enter labor and mo cuffored inhuman eendltiem on fee coeoa fee Geraam wrc equally feesnsidomte gf mtive rigite and welf -r feo were /.-■ . . •. ... m MMMh 4iq3o dio MtaMi to agrti 1W th® eolordsta were ogßettwi* beatm to deafe. Xn fee fee Germns were obliged to iMMIk twenty>nlne oxpedlti<ms to suppreos discontent* the torture of the natives iy the settlers ms ® cation occ n*rence. Ihe latter seeried to have absolutely no i.md rstandh if of th© savage ihxl or indigenous insti u« 52 . tions# In the colonies of all the pomra# debauched of tla> natives ms co lion. Alcohol* fireorjs# and opium wore sold or traded freely by th® furopesns* D sense and vice mode their appearance to unsettle and jeopardies native individual and tribal life. Tie synten of forced labor removed the black man from his follows nd destroyed the moral ®hich tribal ouate-i formerly oa plied. T o central active of the foreigner was to earn :;roflta# and in no doing he regarded native as a mer® mnn to an 9* f lhio was the early practice of the orsian Empire and was typical of all eastern govomniento. .lr George Cornet 11 Lewis, An -ssoy on the Government of Do undone les, >6-97 10* As in ancient hindostan, in the uttomnn Empire, and in ancient lexica* Ibid., 97-102 IT .' ' XTbe rt "Ga 110 way Keller, Colonization, 26-59 12. Lewis, op. cit., 105-04 15. 14. Keller, op. cit., 4f-48 15. Lewis, opt cit., 111-126 16. william Ihomas mold, Ihe Jyatei of provincial Administration to Constantino the Groat, 197-212 ZT “ , 17. Fuotol De" Coulanges, ihe Ancient City, 504-05 ;/BiS bon, Ihe Dec lino and Fall of the • omon Empire, I, r ' ' c, os. 19* - I Hiatal > oh X7X, 4 b 20* Keller* ® ru 17g 22. Tin,, • 3 IMI Bancroft, WHan Control 'With tl 9 Ch rlee Henry' M MW. Uppish oi MS* 55* UniVid * amative No< <Wi seoorad ofHiotau Milan ; duositlon and CXvlltotian (caviled Ly Allee C* fMMbMFIt CSwpter II» 26. Afpies 0. laut # Mo Gomueat ef the Hroat northwest ll# ¥U » 3 - 23. i£. Ew Ceomaedt eport, Cd., 1955 (15*04), 2W©j Cd. 3300 (19<X3)l a. B. Keith, 4142 a -43 J 4 4XUi 4il» Chaptaw 1012. 24 b. u. .jowl, Sha tflnck a Jmruon. t &ptoy s>. >©♦ hoaua wtfccr r.oon, U>*l4. J* H. MMb 3. THE POLICY OF TRUSTEESHIP Opposed to such practices, and until very recently almost entirely overcome by them, io the principle of trusteeship. It regards baa -ward peoples oo adolescents to shorn races of suprior culture and civ Hiro tian owe the duty of protection and dcvelopmmt. Pereas the policy of exploitation me founded on mis rial end selfish motives, that of trusteeship la boned 5A on ethical and humanitarian ideals.' During th© early period of American oolmiaatlon, missionaries, philanthropists, and churches continually urged better treatment of the natives. Ihey mat bo credited with doing much to mitigate the h rrors of abuses by traders* military officers, and ctaiMdlßß*’ tiv© officials ©nd with having laid the basis for the more liberal doctrine now .anc r reties* ;he first official recognition of the ©bllgatlu 0 of wnrdahlp seems to h vo boon made by r 4mund Burke in his eporch in the tlouse of Co aons on ox’s India Bill in l/85» HO soldi All no" It ten 1 ooncr dilcn io set ever on.•. orght to bo saw way or other ex raised ultimately for their benefit. If this is true with regard to every species of political dominion, and every description of c amreial privilege, none of which can be original self-derived rights or grants for th® mere private benefit of the holders, then such righto or privileges, or whatever else you chuse to call tnera, are all, in the strictest sense, a trust? and it is of the very esaenco of eveiy trust to be rendered accountable; and even totally to cease, when it substantially varies purposes for which it alone could have a lawful oxistencc.” As early as 1821 reverend Jedediah Moree, a special commissioner appointed by the United States Government to visit and report on the conditions of the Indians in this country, stated: The Govemiaent, according to th® law of nations, having jurisdiction over the Indian territoiy, and th© exclusive right to dispose of its soil, th© whole Indian po ulntion is reduced, of necessary consequence, to a dependent situation. They ere without the privileges of self -govern amt, except in a United degree, and without any transferable property. Tey are ignorant of nearly all the useful branches of hum n knowled e, of the Bible, and of th a only Savior of men therein revealed. . they ore weak and ready to perish j we ar© strong and with tho help of God, ble to support, o comfort, and to save them. In these circumst nces th. Indi ns have claims on us of high importance to them and to our own character and reputation as an enlightened, just, and Christian Nation* In return for what they virtually yield, they are undoubtedly entitled to expect front our honor and justice protection in all the rights which they are permitted to retain. They are entitled as "children” of the Government, for so we call them, peculiarly related to it* to kind paternal treatment, to justice in all our dealings with them, to education in the useful aria and sciences, and in the principles and duties of our religion... • As the Government assumes the guardianship of tho Indians, nd in this relation provides for their proper education, provision also should be rand© for he exercise of a suitable government and control ever them. This government unquestionably should be in its nature paternal — absolute > kind, and mild, such ns may be created by a wise union of a well-selected military establishment, and an education family. The one possessing the power, the other the softening and qualifying influence, both combined would constitute, to all the purposes requisite, the parental or guardian authority.s7 Gush gmemtiyo ideas hwn led to the cryetalll&stlcn of definite official policies. Thus tise attitude of ta Supraat Court of the .nited States was smomood In 1831 by dilef Justice iMrahallt Though the Indians arc actoo lodged t > have an tt>» surstimed right to the lands they occa .y until that right cUall ho by vol ntary ceoolon to our Govern ;ont a yet it my well be doubted blether those tribes nhitjh rooidc within the acknowledged boundaries f the nit nd States c with strict accurayt be dwemaatad foreign no time* hey my. correctly perhaps. co d noainnted doaoatic dependent nntlona* Toy occupy a territory to w ich we assert a title 01c of feM&ijp wX L in of ponnooaion riien their of conoetie they ore in □ at ’to of dUolr relet! .n tu the Jiates roap.itloc tha t ox a mrd to ala They look to oar dor ■- m. icnt xor protect ton; roly uon its kindness and Its power! appeal to It for r lief to their mit®| and ad. rose the reoiuent as thoir great fn4i r« ..any -tnd icir co nij’y nra conoid ord by foreign nations ao well ns ty oureelves ns b Ing oo completely onder the sovereignty and daciinlon of the .nlt d □tnteo that any attempt to acnairo their lnn*lo> or to fora a o Itical connect! n Mth thm» would bo conaiderod by all oa an iir/nslan of our terrttor'z and an oct The principle of trusteeship in Mio relations of tie pitted ctateo Govomnont with the Indian© was thus definitely r cognised and has been cmsletcntly followed* tn a aiullnr iiamer the Government has recognised the basic Finite end Interests of its Insular posacoaions and their inhabitants* rrosldent McKinley declared that his major object in amexinr Mie Philippines mo "to eduoate the Filipinos* iid uplift vml olvilVe christianize tliom 40 oo our felloe, ©n for wtai dirist also dlm«" “ Pforring io the islands in his icosoge to Congress of Dccmbrr ho eaidt ‘Hie fortioes of war have throm upon thio nation an tRM tihidi should be unselfishly ond devolves upon this Govermmt s acral ao woV as a mat rial responsibility toward those silllone w© ha *e freed fron an ©ppreoslii obligation no guardian was not lightly assumed* 7he Supreme hao approved the application of the principle of trusteeship to our tra.nonariiw poaoeeolcne to the extent that the parts of Iho Conatttutlen are to be reepected therein* It ganctl nM as a general or miveroal bill of ri hta tlio following etateoent issued originally in by the Secretary of Uer to th® Philippine Canlooion and followed by Congrces in the Philippine* Govern sent let of July 1, l>O#t 3a all (lie fams of gwemnent ant rovlsions tfilci they arc authorised to prescribe* the c salon 4 on should bear In -Ind that the gwrmimt ddeh t ore establishing io designed not for our sotinfection or for the expression of our theoretical vlown* but for the hapinoso, pence, and prosperity of the people of ho P ilipplnc lolnndo; end the meauree adopted should be made to confera to their cuotcoj* their habits* mid even their prejudices to the fullest extent consistent rrith . tho acecmpllrimsit of the Indispensable rc of Just end effective govern sent• ••« jpen every ulvision mA branch of the gwerament cd’ the hilippines, therefore* mot be imposed these inviolable ruless hat no person shall be deprived of life, liberty* or property without due process of law? '.hat private prop rty shall not be taken for public use without just compensate on# Shat in oil criminal pro: mA toll enjoy th© right to a sneedy and public tr ial* to be infoswd of tlw nature a&d eaugo of the accusation* and. to be c nfrented with the witnaese > th have proems for obMii> ing witnesaes in his fertor* rid to have the aosiatsnee of for hie def ©nasi That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted; Hi3t no person shall be put twice in jeopardy for the same offense or be com elied in any criminal case to be a witness against himself; That the right to be secure against unreasonable searches and seizures shall not be violated; That neither slavery nor involuntary servitude shall exist except as a punishment for c ime; That no bill of attainder or ox post facto lew ©hall be passed; That no law shall bo pa sod abridging the freedom of speech or of the press or the right of the people to peaceably assemble and petition the Govern ent for a redress of grievances; That no law shall be made respecting nn establishment of religion or the free exercise thereof; and That the free exercise end enjoyment of religious profession and worship,,without discrimination or preference, shall forever bo allowed. Other powers, pnrtlcu’arly the British, have accepted the principle of trusteeship as a guiding rule in their col nial practice. H Tho s stem of criminal judicature which you adopt,* 1 the Board of riroctors of the last India Compniy wrote to the Government of India in transmitting the Government of Indi© ct of 1855# ”1X0.31 be formed with an especial regard to the advantage of the natives rather than of the new settlers, not because the latter are in themselves less worthy of c nsiderati.n, but because they are comparatively few, and laws and 45 institutions exist for the benefit not of the few, but of the many.” report of the British parliamentary Coimittce on 'boriginai Tribes oi’ 1357 spoke of the * s responsibility 1 ’ and * obligati >n” of rest Britain, basing thio upon n the ability which we possess to resist eny enc ■ uchments, however unjust, however alschleviXißf vdiidi we my be disposed to >lie Co-Mttee furrier saidt he disparity of the parties, -the on© and the of Uw other to enforce the obs rrenae Hioir ecnwtittit©© s new nd Lrreslotlble appeal to o*w protect..on» h ‘ of 'he '‘Setorate in f « . the British for the territory,docloaKxi that govemamt m ■ endeavoring "to teeoh tho natlvea to :o v j, .. m Aln .. • ■ eraMMA -o, M Mm •• I MIM M law and order r?nd a j’Ogarl IVt t © principles of alvillr.atirn*’ 5 In Uk> Brliiflh colonial Office midi io on African terrltoiy* and ills ajeoty*a lovcimoat think it nww>< ry definitely to r coni their considered opinion that the into rents of tie African nativen nmt be pnm nunt, snd that if, nnd uhon* into recto and tha intcroots of the Im ilgront ram ahould eanOiet* *he fanaor ohould prevail*••• Ah the of EcW? His ajojty*© GovoMomt regard thceiaaWea as exerolalng a Wust on behalf of the African >* ulatlm* and they are unable to delegate or ohnie this trust* the object of nhioh a ay be defined ao tiio protection and advn: ■ he native em be a© roan for doubt that it io the Maaioti >f jreat Britain to r/oefe for the training eduaatim of tho AfrlßBn& touaM a Intelleetual* wml and eemoale Iwai Uma that Milah they had ' rsnciMd t&en tlw CrQxm, aneuned the r©s ; '€miblllty fur th® ad* miniatratlm of thia territory* “ Hie theoiy of hoc not only been aoeopted by Individual posoraf it han olso resolved international reae@sltlm» iiuo the rlnci 1c was ©anoticncd by the Berlin of TBM3» which was sailed to attack the evils m MB lu a iMI the 'uinpsai ac MIMMI of Africa. IM Prines Bieaaric said in hie opening addram t In convoking the Omfermo©* the Imperial Govern mis guided by tixe eemKetim tmt all the Government© invited obnro Uxo wish to bring the natives of Africa within the pale of civilisat 1® by o nlng p «w Interior M that continent to ccmerse, by giving its Inhabitsnts the means of Instructing themolves, by nco irnglng nlsnlono and enterprises caleulnt d to spread useful Im and by preparing the way for the suppression of slavery. * And the British representative observed* I must not lose sight of the fact that, in the opinion of her ajeaty’o Government, commercial 1 tcrosto should not be locked u on no fee axel sirs subject of fee deliberations of the Conference. hilo fee opening of fee Congo markets la to bo desired, fee welfare of fee natives should not be neglected 1 to fem it would bo no benefit, but fee reverse, if freedom of cocwree, unchecked by reasonable control, ouould degenerate into liconoo. I venture to hope feat feia will bo bom© in mind, end that mwh precautions will be adopted for fee regulation of logit lan to com-erce as my tend to insure, as far ns possible, feat its Introd action will confer tie ndvnntng a of civilisation on ho net ves, and extinguish such evils as fee internal Slave Trade, by which feoir progress la at present retarded. Ihose oentlmento wore endorsed by the lent otentlarloa of Italy and Portugal* A tide six of tie General Act, which was adopted by the Conference, stated* All the Powers exercising sovereign rights or influence in tlic aforesaid territories [fee conventional bsoin of the Congo) bind themselves to watch over the preservation of fee native tribes, and to cere for fee inprwemnt of the conditions of their moral and material well-being, and to help In su greasing alsver;, and especially the alovt We. They shall, without distinction of creed or nation, protect and favour nil re tgio m, scientific or charitable Institutions nd tmuertakln a created and organs ised for fee above ends, or which obn nt instr ©ting fee natives and bringing Iwse to them fee blessings of civ Ilir a" ion# Christian missionaries, scientists, and explorers, wife their follow rs, property, and collections, shall likewise be the objects of especial protection# Freedom of conscience end religious tblemti n are expressly guaranteed to fee natives, no less than to to foreigners# 'he free and public exercise of all foras of Divine worship, and fee right to build edlficoo for religious purposes, end to organise religious Missions belonging to all creeds, oh 11 not be limited or fettered 'in any on/ he Brussels Act of IBBP* while chiefly concemed with tM extirpation ■jf the al vo trade and the protect i n of natives from slave raiders and dealers, also contained provision relating to their moml and material development. The inland stations wore ohaiged, other thin 0, with the following duticst To initiate Hxm [the natives] in ngrlctiltural works and in the industrial arte so so to increase their wlferej to roioe them to clwllisaticm and bring about Um extinction of barbarous cuotoxa, such as ennnibaltej and hunm cocriflcoo. test* without distinction of creed, the .1 salons, which ere already or iny hereafter b established.” 0 Article ' Icven of the c nventlon of St.-Gerwin*in*‘eye of IJI9 ro* asserted the general principlel The Signatory oners exercising rights or authority in African territories will continue to watch over preservation of tho native populations and to supervise the la rovonont of the conditions of Wir moral end material tell-being. They will* in particular, endeavour to secure the complete suppression of □lovoiy in oil Ite form and of the slave trade ty land and sen. .hey nil protect and favour, distinction of nation* silty or of religion* the religious* scientific or ch ri table institutions and unde ?rtaklngs created and orjaniied by the nation- I of the ■ Signatory overs and of States* Tcnbors of the League of nations, which W adhere to the present Convention* whlai alm nt leading the natives in Uw pah of progress and civil lotion, scientific missions* their property mid their collections, shall IterAoe bo the objects of special solicitude. Freedom of c naciwncc and the free exercise of all form of religion arc express' y guaranteed to all nationals of the Sig* notary Powers an to those aider the jurisdiction of States* Members of th League of nations* which my became parties to SB present (omention. Similarly* mtoaloiarioe shall hove the to enter into, and to travel rind reside lia, African territory with s view to proaecutinr; their cal’ ing. The of Uw of the two preceding pargraphs snail be subject only to such restMctions ns my be noceooaiy for the mlntonanco oi public security and order* or as my result from the enforcement’of the constitutional law of any of the Powers exrrclaMg authority in Africa territories* * mere recognition of the doctrine of msdnhlp, hQ^or f hag not boon v»holly sufficient. For one thing# the theory has been viewed ns a mere cloak to hide notionsl Impc rinlion, o justify the solfish ambitions of colonising powers. As such, it has been justly condemned.' 4 Again, there has been a mlamderstanding of its purpose. .nrdoiip does not Imply that the 0001.41 nuo truat shall have Hint he deal os: on the contrary. It so a to give 53 him vniat he needs. Also there may be lack of agrooicnt oven among special-54 lata c seeming Hint io boat for the natives. A final and basic difficult /, particularly t?itn respect to mu tllateral ogrocnenta Hiicn have legalised the principle, hoi been absence oi any lapartial tribunal to interpret and enforce their provleicna* Iho i-crlln ct, for «fcaaple, was ruthlee ly violated ty s eop Id in the t s q and by Vie French in their adjoining colony. Belgium refused to arbitrate Vie issue Hwn (Imst Britain protested, ■-.■nd the tr sty 55 became virtually n dead letter. hila tie principle of trusteeship was " I accented a n principle, there need for devising nenns for interpreting and n p'ying it. The mandate system ms established at the clooo of tie uorld u-sr to nect this need. pS* P< lieeinr'w in uYwe, P/l B» t. Buell, Intorn^tlimaT"-oiatlmo, Cbapt r 14f Foul ... rolnoci;, Colonial ;r ’ er » .African uraU. xis at the Paris "'once Cmfexwco, £> ; t tors ? ami 4., a . t * .* < A .. —•^TT¥ ; nOr/ever* to utilitarian to the ox ent tact it rcco unices the greeter ecanoaic value of n contented on. peaceful peop c. Xh Kell ft _ __ | . R. Coupland,' » ilborforce, V , 58; T. C. Hansa rd s jhq Parliaments y Hiato ry of anZ, cole. 1516-17 Henry Snow, Tae quo ation of Aborigines In the Raw and practice of Hations, 24-25 38* Chorokoe nation va. state of oorgia* 5 1 otoro, 1, 16 3/ or inotanc-.- 1 it iao been hid that the Juriadictlon of the Federal courts extends to the p.nlaiwnt of ertea c omitted In the Indian t rritcry on the grotMKl that the Indlanc are mMo of the United itatosi (united states vo* Rogers, 4 Josord, that the nit d states han eminent domain In an .Indian reservation, for Indians nr? in a state of dopondence on the Federal gceeimmtt (Cherokee uatiun va* m Kansas . >lps |M«$ tat Congroae has power to prohibit the introduction of Int-oKicat Ing liquors in to Indian renovations sherwer sitinte , and to prohibit traff c in such liquors with tribal Indians r m gf off a roscWMlon, n.<n bl rr ft pMI fin | IMMI '■ ctl 1 bWlttS MBS O- th® a®linn: (Perrin vs. u. S*e 478 C * I •«• • • XS* Bico, • o 5/i (ipiM Wc* '. "of ./iTHra c ll* 41. Fer thio etateSmS aT Sllcy aril sinus r by Roosevelt# >ft, and llwi« see -. 3. c s r » ,JE2SIE2BJII3^ffiI» Chapter IS Kepnor ya. U» 195 U. S., 122, 125 (1504). Gnow, loc. cit. , 40-41. In tho Insular Cases, the Supreme Court made ad is tinetion between ”Incorporated” and ”unincorporated” territories. In legislating for the incorporated territories — such ac Alston Oklahoma, oxlco, and Arizona — Congress was hold obliged to follow all limitations in the Constitution not clearly inapplicable. Bui only the * fundamn tai” parts, of th© Conntit .tian need bo applied to tho unincorporated territories — orto ico end the Philippines. 30 within the latter, it was not necessaiy for the taxing clauses of the Constitution to be observed, nor for jury trial to be given, nor for citizenship to be extended. In point of fact, most of tho guarantees of the ConstLtutlon have boon extended to our territories. J. Burgess, ”The decisions in tho Insular Cases, 48 16 Political Jcionce u&rtcrly, 486*504 45. Sir Courtenay Ilbert, The Govern.unit of India, sid w 'POI, <ol# , /I, 46* a '377’T^ 2 * ?• 10 * °- «*«»s* in which the principle la observed, see "* • SMS M MHow# I, 581 ff» for examples of aoccptnncc of prlmlple o€Eer sia^cs t see A* X Banme, Holland unuc r xren ilhp Inina*%&-*& I >oijl Hishida,*? 4Wflat Japan* a First Uolony,” 22 Political science Quarterly, 267-81 30005*4 ——— A 3. Ibid#, p. 11 Ap. ibid., p# 65; Cd«, 4759 (1836). But no a. reorient was rose ed on outlawing the liquor traffic, principally because ilollaM and German opposed any interfomiee wife fee sale or barter of trade spirits# Boor, 00. cit., Ptl-22 W W -d* .Joo 0100 •F. Ind loy> Jw nad ■■uvc , nb S£ in Intem<iUoml “ — 4. GENESIS OF THE MANDATORY IDEA The mandate system is s type of international trusteeship, which places peoples under the control of more civilised states and makes the latter accountable to a cq,m.w agency for a proper discharge of their obligati. >ns. Although the system established by th© Vo sallies Treaty must be considered oniqus, it is not without its legal and practical precedents* Thus, an has boon pointed out: hrec legal Ideas borrowed from private lon oca to be Inter- woven in the conce tion of mandate in Internet! ml Law. z She first to the ouan Law mndn mi, as mom tn the filing of the e? ct terns of he aandnte on each psrtlcu’ar occnnion, Inotend of allow ng them to depend on a general rule of law> end in the gratuitous not re of t i-" relation, at 1 ant in clnoo "A* anndntea* Hie second Is Hie duty of e tutor to his mrd, and it should be noted h re that in French low tutory Is regarded na a a secies of mandate* he third is a vague idea Of trustees ( , tMI i certnlnly not v= ry clearly conceived or easily distinguishable froi that of tutory* 3 ® Several attempts, e or loop mwor ’aful, hod been mde to onpl7 the principle. Within the krltioh Fgplre* nd.il is tret ion of cor ain native co amities h d bo n entrusted to the bonlnions f ofilcialo being res onoible to ths colonial in tMdtm* Vus caput* formerly British Hew Juinoa* oms placed tmder the jurisdiction of Queensland in 1 '?• ihe linlatrntlas of tie Congo roe Stats wn theoretically made accomtable in 1885 to tuc 58 Pae rs signing the tonerel Act of Berlin. he ct of Algoclma of 1996 placed police in the hands of French and 3 anloh 'gents, subject to inspection by Switzerland* and required annual reports to be sub iltted to the aignatorio . The position of ; rance anil □pain was regarded by . resident Toosevolt and Secretary '-oot aa "Ue nmdstory of all the ponrro f. r the purpose of at once maintaining order an preserving eqjel canaerclal op?or* tun', ties for all of thm** Hie Inst .t tion of mandates* houwer* orooc La odintcly froi the Ideate generated among the ’?* 3 by tv war* At a time when notions of democracy and justice wore in the air* o rtaln imrlcan and British writers directed public attention to'the need of' gore liberal colonial oliclea* In 1715 waller Mppaann declared that the real e stn c*s of i?er© being overlooked* Ho eaid taH sodom war aroee "out ?x the claoh of imperialist ambitlono,* and that "the bone and alnaw of modem diplomcy" woe "who siiuuld Intervene in bac&Bid etntas, what the Intervention should how the protectorate o m 1 be ecmducted** It has boon the weakness of almost all pec fists [he soldi that they have never greeted with those problems froa which the shifting antagonise® of not! ns receive the r direction* Ihey will not he fact that the di lomatic atru gio, the armed peace# and the war itself abou the oxlotto t ion of wpaM territories; that tic do lance of ower, tkhc secret alliances# the desire for prestige# and the rest of the diplomtie poia ii -iwlia are for use in the archaic unorganised portions of the globe; that the anarchy of Hirope is due to the snorcter of he Balkans# Africa# nnd Asia. The diplomats have at least seen Hie reality# an s reading of their negotietl na 111 show* have failed to solve but swat me If.is to have not even sem the roblom.'' lie proceed that the dangers of imperial!®© be overc me by creating in earn of he *gore spot®" of the world where crises originate, a permanent conference* made up of a net!-o aasedbly and a senate composed of the rep* reeeritativra of tae ©ore ; regressive mt kens, mlch w uld serve to effect aett’emont® of celom 1 problems on the spot* This wodd keep such kana localised* no Id afford an increased control of colonial officials* and wo Id zt toe insure a beginning of International rovcm ent of backward areca* Snrly in IJI6 Jam A* lotcon* hie eMnent ieh economist* suggested that I 'Oblcs Mght be solved by eotnbliaalng • joint UHMCCHIchbI pro* tootorate to be cßcrclacd by a Cwalssl<m a by the Covell charged with executing tie treaty* .Another method would be tie deltge.ticm of thia duty ox roWctlon by international authority to tie lovemaent of sa» single nation more ro inqulty or other special circumstance® rendered tills 62 soume advisable* * About the asm time* Philip Kerr* editor to Table,urged tot the principle of trusteeship be s ’ to co onlee and helped lay the basis of the nnndatcry idm in -nglto* $ The British ’nbour 5 64 prrty in 1917 announced that it favored Int matlonnl control of colonies, advocating Um., all of ml ‘frlca be ad/jinlntcrfd by an ccoaicsian with its trained staff" under the authority o£ tao proposed League of actions* The Independent ’.abour T-'irty suggested a fjubatituto plan — Inotoed of direct int rnat nnl adminlstmtlon> the delegation of tho gov m~ wit of colonies to individual European st tea ft under the oup* rvlsion of an International Caxilsslon** The Interallied Labor G nferr :oe of February 1918 declared itself in favor ox th© *frWt abandonment of cv fy fern of MddpbHF and of facing the colonies of *all the feelligerenta- in Tropical <frlca” under n a system of c ntrol* toed by int motional wt m- ct to L ague of and nslntained by its guarantee* which* milat ren -cctlng mtio al severe ould be a libs inn pi red by broad ocmccpii no of oconmie freedom and concerned to safeguard th rights of the 66 unlives** -mn hile Lloyd Oeorge had been cunvine d tot it was good poll ' • the p“lncl ;/ 31ps fhvor hs libemls in England, oepeclnliy olncr aecre tfdlllM H llllm dividing to terr 1 tor of ise ene’y had been published and since it ass bring comonly ch rged tot 67 the Tir was msvly another laperinlistlc conflict. In Janusiy 1918 ho therefore the shole thoosy of ood m itaperiallaa and declared that the war aim of the Allies ©e e,, n ©ng thin e# to v floats the principle of cclf-jotemtet on and to prevent the exploitation of the Gorian 68 col nice for the benefit of "‘uroieen oapltalista or Govern cats* A - fee days later resident blloon set forth his opinion in his fnmuc Fourteen 'oin's address of Jwmry 8# 1918# of ohlch point five mo ns followst V« A free# open-minded# nd adjustment of all colonial cl©las, bcced upon a strlot oba rrnnce of the principle that in d etc mln Ing all ouch questions of covoreignty interests of the poiulatlonw concerned UAet invc eqml ©eight with th© equitable clnto of the asose title io to bo lie wciMng basis of th© amndatoiy system me laid in Decaaber 1918 rwn Jan C* 3gutB of South Africa san© forward with a definite pion to bo adopted Ln disposing of ths colonial issue- His proposals .aorit quotation at lengths Ag n progrs.aa& for the forthcoming peace confer-nee I could therefore begin by asking (certain] rec mmdatlonai e e » * ♦ e *••• (2)That, so fny at any rate no the pec dee and tn ri oriea fomorly belonging to Rus®la # A and .imkoy ore concerned > the teague of Jstio- a should be eonsldored s the reversionary In the meat general sense end no clothed with th© right of ultimate diopcoal tn accordance with certain tai principles* ’Weroion to the Longue of Metlons oh tM be substituted for any policy of national nnncxat' on* principles arcs fir tly» that there shall be no annexetlon of any of then® territories to any of th© victorious T^ g an 4 scoondlyt that in the future - |HM& of these territories end copies th* rile of self-dot miration, or the consent oi' the goremed to their fom of goveymont# be fairly and reasonably applied* (A)'nwt any control» or wiich be necessary in reop'-ot 01 theee terr 1 tor les -nd p-spies, othar their own self-dotemlned outomayt shell be the axel eive f -nciloo of aad ah 11 be vested in the tjeague of Betl&sB exerci ed by and on behalf of it. (s)That It shall be lawful for too League of Hattons to delegate its authority* c ntrcl, or administration in respect of any people or territory to some other abate toon it my appoint an Ito agent or anndatory* out that wherever possible too agent or anndatary so appointed shall be nominated or approved by too autonomous eople or territory. «•.*«.»««« (6)That too degree of authority* control* or administration exerclaed by the mandatory abate shall In ©ach case laid down by tie tecagos in a a ed«l Act or Charter* toidu shall reserve to it collate power of ultloa o cnteol and supervision, n® «eix ns toe right of appeal to it fro© the territory or people affected against any gross breach of too mandate by toe mandatory State, •••**••••• (7)Taat toe utototory dtote shall in meh case be bo sto to taato* to to tie policy of the open door, or economic opportunity lor all* and sho 11 form no military forces beyond the standard told down by toe League for purposes of tote ma 1 police* * By Jcnuniy lpl£ biloon had becoie converted to the plan advocated by end had dram up hio 0 Agreements’’ dealing with colonial territories* It is well to note how closely ho followed the suggestions nde by tiie gm th African states mi I* In respect of the peoples and territories which formerly belonged to Austria-Hungary, and to Turkey, end in reaped of the col nles formerly under toe domination the German Empire, the League ox nations ah 11 be regarded as the residuary trustee with sovereign right of ultimate disposal or of continued n in accordance with certain fundamental principles hereinafter oet format and this reversion and control snail oxcll4o all rigiits or privileges of annexation on the p? rt of any Power* These principles are, that there shall in no case bo any of any of those territories by any Stats cither within t o League or outside of it, and hat In the future government of these peoples end territories the rule of self-detcmlnatlon, or tie consent of the governed V their form of government, shall be nn s reasonably and all .xilieiea of t lon or economic evelopmont bo baaed primarily u ‘on the wellconoidored tot erects of the osople toeaoolves* ll* Any authority* control or administration which my be noceaeaiy in respect of these peoples or territories other than their om aelf-detominod and self-organlped autonomy alia 11 be the exclusive function of and shall be vested in too nations and exerciced or md by or nn b to If of it* It shall he lawful for the Les ue of IMIM* to delegate its control* or a alh stmt lon of any a-ch people or territory to erne single State or ag noy which It may designate and ap olnt ©a its agent or m -da lory J but whenever or wherever possible or feasible the agent or mandatory so a Spain ed mall be nominated or a proved by the nutonaaoue people or territory# 11. The degree of authority* control, or adalnatration to be exercised by the mandatary Mito or agency Mall In each ease be explicitly defhod by the League in o special Act or Charter wjlca shall res rve to the League complete power of aupervlaion and of intimate control end which shall also reserve to the people of any territory or rwcmsental unit the right to ap eal to the League far the redress or correction of ant? b -each oi the indite by the mandatary 3tote or a ncy or for the aubott tion of sum ether Htate or agency* as nan The mandatary stat® or agency shall In ell cases be bound and required to maintain the policy of he open door* or equal opportunity for nil the signatories to his Covenant* in res of the use and development oi the resource's of a .scii people or territory. The mandatary Htate or a; emy shall in no case form or n»ia* tain any military or naval force in excess of definite standards n laid dom by Ui League itself for tie 9 of Internal olioe. T - Qon< , TFmptern $ and 4 □5. Advocates oF"*sl*l id independence of bn ok ward r»ooa often overlook this foot* Gf« .jorfleld storey > *lhe hilippinea, An Amrloan Ireland,” 5 Foreign Affaire* s?>*BB. “301 'views of nnd 1 . 7 .ugard on forced ' sbor« oismnent Cco Aso ion i Anutoa ai ;j e* n, e’« 3@> SS» Buell, on, pit., inyre, > erl ento Ln InLermtlonol 3s* —3K~ U laurence* (seventh edition * ij on thio point* see also' 3BGSFE iiatorlc 1 io* codenta of Ui mandatory Jyeteg** 5 rocked Ly.a» >outhweatern olltleal and Social Ocienco AaaoelatVait 1-19* * \ . X 2 c ' \' ■ -9. ll£i 58. Beer, op. clt.» Vl*£SZ ~ 9p. • 1 • • Theodore >ioase»eH .and ilia Tigre» T> 4pti • • Buell* ’’Backward Peopled Jnd rlhS' li?tpry* p 6-9© I slollnr delegations of aath rity* are ’'uincy ~ Ated 3tn tea and tr :. A < n, T" -P' ©o* Stak-s g i IIS 61. WidTT « K • v- / Ufged thsTTn . peace MM be MM in ' A • lien refused to MP • thsaselves by taking We territory i « , . ieir' enMes* *Mt mr On ' t, n Ninthly To^ l y n emn?ton! Qoyr mmmt* I>B*4l 0, K* X"~Omnt aS IntendU Relation? f chapter V. 64* London TUra, August 11, 63* XbM»> ;vwft W 7» <• BM4* In * report tc the "Hojo© Inquiry** an dcclamd that joint c ntrol of tmhv;nrd territories muM not bo oe tlet'wwry and r posed entrusting th ir co trol to t.e Govern imts ... ■ J ■ ■ ■ ' c r; - ■ • M&» H ~&• 66* London Tto e, ISMI ■' • ellog sad Arthur ‘I- . Brit [C Tg &I b g ' . For' th© see st see Tmper-ey, o. ; It. 8 71, 1» . , id Baker, op* cit. t I, Chapters > end 4. T 'ps clt • * l9 ~ 70* Qf Hail no — k metical n* 5. ESTABLISHMENT OF THE MANDATE SYSTEM Ihe adoption of the mandate plan by the Peace Conference and its application tool ensi-sy territory 0 its ide of Europe eon due to the ofiortc of President During the early eescione of S > Wr Council* a conflict a rone between th© Tilecm and the secret trmtiea dividing the epolls of'war anong Um M - ice. Cm l„’l? I loyd George, seeolngty forgetful of his foreier deelcmtlo s against proponed that he colonial poaeecei na of the be parceled ou among th® victors. 72 He strongly sup-erted the dßiands of the Dominlam for amexatims. Clemeucaau of France and Sonnlno of Italy stood by him in his efforts to carry this programs into effect. But Bilson strenuously opposed such action. Confronting hie adversaries on Jonunry 23# he declared that he would any tuat the Great Powers first portioned out t<ie helpless parts of the world, and then famed n League of gallons* The crude fact would be that each of these era of the world had becii assigned to me of the Greet Powers* He wished to point out, in all frankness, that the world would not accept such actio it would oaks the ue of nations lapoa» aiblo and Vioy would have to return to tlie ays tea of eouyetltive nr aacnln, with debts md the burden of great Only a tr Hom threatened to withdraw from the C nfcrence If the demands for mmexatim were persisted in did th© British# French# end Italian dale* 74 gates aecet the princi les which he advocated. Glleon# however* was oblU d to cone’de the right of the Allied end Moots tod rose a to allocate the territories# instead of allowing the League to do so# as he hod contended. his noric of distribution began before the treaties of peas© were signed. In .Article of the Versailles Treaty, Ge many renounced *ln favour of the Inc leal Allied and Associated Gowers all her righto mid titles over her overseas osseaaians.* Aa T illar provision mo ins rted in Article 15$ of the Treaty of iwree# whereby T rkoy renounced In favour of Uk? Pas rs all her titles mid over her territories outside which were f, not otherwlae disposed of Ly he proomt --). ; • i ‘ Gay 7# UlO Allied Swjfcos Council# with Fresldml Vitaß perilsipetlng In its activities* alloted anndatea for the German possessions. 'lbgolond and trie Cmwroons were dlopoord of by the provision that r rance and Great Britain should raake a joi it rr-oo aendation to the • w;uo os to the division of the territories* * Rest Africa wan mde a mandate of Great Britain, C>ermn hruth*wst Africa of the Imion of 3 uth Africa, the Geram Sattoan Islands of law Zealand, of Great Britain the other (Jorian poaoceslons couth of the Equator of tuatralle, the Gt rwi lalsnde north of the quator of Te-an. 7o Prwrtl.ro of the mandates, midi had not been previously det-rained, new defined in tine by the Gowers inter* eated* Ta io the boundty the thre-e territories md r ”';* gmd*te were fixed by s conv ntlon b 3 twem France anil Great Uri Win on Deo iber 25, (MK • Inter agreecient of ;Uroh 7? 19251 that between Turkey ?w Gyrln by 4*it bF Franco md Tuiteiy on October 20, 1921, by the TfOßly d* Lawmmft of July (Article 5» h 1 » ond by » treaty of arity 8,1 signed my 50, 1926> that between TransJord-m and Gojd by nn e ;ree;wit of Great Britain and Hajd on Gwrsmber 2> 192 j that between ♦lraq and iJejd ty an of Great Britain and the aid tan of nojd, at Bahrs Cmp on November l t 19251 and that between ‘/urkey, ’lraq by an agree imt eoncludod by Great Britain, t lraq mid at Angora sm t;O th* 79 of dim, 1926. Ihe •A* territories be classified as followst . ... V I — " (Square 5iV s) and Franco 57*916 Palestine Great Britain 9»OICT 8'12,000 ’lraq Great Britain 160*000 5,000,000 a* elusive of min jordan. The *3* n territories fellows «r TMUTUHT : PQPVUTIjH T<<o’and Great Britain 15,040 Troland France 20,077 747*150 Casse roons Groat Britain 55*730 660,024 Cmeroona France 154,442 2,771352 Puandn-Jrimdi 21,429 4,30/,000 Tanganyika Great Britain 616355 TOKnS "c* jouth-ncot tfricn.jnlonof Co. Africa 190,404 Sew Guinea astralin 91*530 578,791 Western a ion new oalend 1,135 nauru Greet Britain d 1,259 loland® north of rq>mtor Ja ? nn •&*& The area one po.vul tlm of the mndatee hold by the respective owers say be oleaslfled ao fol?owei a?i v- r Am or WBmmr m wuutw Great Britain 1/^4,IM Franco 5,610,262 Balglm 21,W 4,500*000 b ■ 48,797 b. After Van He-ce, oo* cit., 26*28. .*heoo flf*urpo arc nocasoarily estlsatoo. y-Jm . lar?S Ftm their cona'Jcnbly, catlmatlnc the total w, escl.aivr of /•alcatl e, <;rlo, the Lebanon, at 971»977 and mpulatlcn nt *Tho Haodatoiy Gyataa Ai' hM .' 127 Ccnte -porarp ovi--n, 171«78» Article of the Treaty of 7eiwllles, midi the basic FFousulTOTk of tli© uns drafted fr and© yrlncipally by Goneral and Fhlllp Kerr, the latter noting no Moyd ’lO Georgia .loore ;nyy.' it f ctlnwa of Dwid hrster liter in flitting Auotrla*Hun;;aiy no veil as . wain'"* and of H* Bliss in not mv of tho former awereigns bo that w color would not given to the idea that the tea • of r iatlme has for one of Ito principal objects the control of situatims growing out of the present wer* u Article Two ty-two re-rds ao fol lows 1 To those oolunios and terrltorlcQ which ns a cons© uanes of the late war here ceased to be aider Vie sovereignty $f We States ?*iich fomery governed Wea and which ar© inhabited by eoples not yet able to stand by thetisolvos under the strenuous conditions of the aedem world, there oh uld be applied th* principle that the well-being and development of such people fon a sacred trust of Clwlllssatlon and that for the -performnco of this trust should be embodied in Wie C venant# The best uctiod of giving practical effect to thia principle is that the tutelage of such peoples be entrusted to advanced .nations who by r aeon of their resources, tbel? experience or their geographical position can best undertake thio reap nalblllty, end Kao are willing to accept it, and ths' this tutelage shuld bo exercised by them as Mandatories on behalf of the lea uo. ■ o character of the siMdßto mat differ so ' to the Qi tie developmnt of the propio, the geogrep ileal situation of the territory, Its eeonooic conditio .a, and other similar circu-iatancee* A] Certain com nitiea formerly belonging to the Turkish L.iplre have reached a stage of developwit mere their existence as independent nations can be provisionally recognised subject to the rendering of e&aiidrt retire advice and assistance b a dilatory until o.ich tlm as tney are able to stand alone, ihe Mahos of these co mmltics iuuet be a rlaclpel consideration In the selection , o y. (Bl Other peonies, especially those of Control ’frier., are at such a stage Wot We Mandatory oust bo rooponalble for the ad.oinlotratlan Qi the territory under conditions which will guarantee frerdon ■ciones and roll ion, subject mly to the jalntmanco of • public ■-■ ' • the anas traffic, and the liquor traffic, nnd the atlon oi the establlahoent of fort if lest lane or Mlltajqr novel bes s and of Mlitaiy training of the natives for other tn*m police purposes and the defense of ths territoiy, and will alao a portmitleO for the t ads and cmierce of other ■ imbera of the Loe uo. [CI Ihcr© arc territories, such «a PouW-ccat Africa and certain of th© j-outh wiflc lalando, .hlch, owing to the sparwmose of populstlm, or their wall al;e, or rwmtenes® from W* r . .. v L MP IMUF W lldl territoxy Qi other cinmastmoes, be best admnisVwd uadeihth* laws of We > rtldMß of its territory, MbjeM to We safoguarto abov -c Po interests oi Wc indigenous Xri every cnae of amdate, the shall r Mor to tie Corneil on annual report in reference to the territory c<K3 it* ted to Ito change# The degree of authority, control, or administration to be oxor* cised by the Umdstory shall, if not revioualy agreed u on by the of the ’on ue, be explicit'7 defined in each cnee by the ?U# A OouMaslan shall be constituted to receive and examine the annual reports of the 'andatori ca and to -advise Corneil on ell mttcra rele Ing to the observance oX the draft mndnteo by a roprcodtltx* ths Principal A Hod and ’asocia od Foarre under tho Isadora ip of >x>rd Millner, the task boinr, dole** od to thin b dy h* the Supreme Council on June 2% 1912* The draft mandates, however, were not approved by the Coisicil of the League mll considerable tlae hod elapsed. Tils duo rlncipnlly t th© difficulty ox making mcoeeaiy nd J uni onto of the elalme of th® todatorice and to the olthdrewl of tue Initrd States fron further participation In the wilt of the Supreme Council, December 9» 1219* shereaf.ter the Amrlcm Dovemment India led on the protection of it® into roots in the territories — porticularly on the open door — and would not consent to final dlstribut tan of 84 the territories until Ite rights were definitely recognised by treaty# 1 " The 88 *C* misdates were approved ty the Connell of the League, lace her 17, IP2O* । n The terms of the **3* mandated were ratified on July IC, IP 2, and those of 37 Palestine and Byria, subject to ncrotiatlono of minor trnpoitanes, an 38 July 22 and 24, 1222# reenuno of the ostnbllahnont Into in 1 21 of the Mt ion 1 Govomurnt of 1 under rince Feissl, the BrLtKi signed a treaty elth him, granting considerable local but a prodp tectom to and definite a to the t»eaguo of ’Mtlona# 71. Dnkcr* op. ci'i.*' nl ffx, ff. ‘ of. P. B. rotter, rt rlgln of the z/aten of landatec under iho r U?o us of nations, 16 Auericsn ollbicnl science ovlow* 72. Austra .a demanded Kew Guinea and other islondm He® Zealand* Sarwcj South Africa* outh-weat Africa. Later Japan d&sandcd Kiaoehoa and German rights In Goman islands in the north acific. zs ddfisd for Togolnnd and the CaaerociMi. Belgium ©ought a piece of Oer an ast Africa. Italy put forwrd certain provincial claim based on the secret treaties# 79 • F, O . Cit. ** ; vn ii , The ÜBretlfied jwrw Treaty ma replaced ty the Treaty of LaiJpmne c® July 2A’,ly29* Article 16 of he latter provided for the rm mint ion of Turilah claims to Ui# territ-Ties which she had surrendered -> the '.llies* /6< rance nr? r-at eri tawagrr ed on a dlotributto iof Iceland and the on July 10, 1919, the great t shar c Francs* 77* ’Jha 0 A c r territories were hus distributed before a-. Oio .of . roaUlm r nty, Gilch w . f>r zs ’• si June 20, : tai of no legal taaportmee because K ter roved the i rm laid down b the Qllss* 'jn t* 21st. or Vly Great Brl -'hind Belgium agreed that the latter d BMC a oandete for n.umda*Orundl« Heuru wao assigns, to Australia, Ges Zealand,and the Jnlt d fingdasa 78* vor these aer & . Batsell, ‘ $ •• .yn ; ' ■ . ■G-; a, . rn 0; pj. c; _ /. .. ~ c ” @5, ;. IJ 79* 1* • • 1 ■ on 2. 9 2S*>o op. 81. United stoteat pens to ~pciucnt,lo6, engross, In • leno .on, 1202 op. Ihe ’motoric* mv the loose phraseology of Article 22 hove boon to carildcroble critic lea. hue Imri "olln has cnlds *< rtac prdtendre quo oe texts : s 2] eoit ub IM it 4c Juridiqut# PlExrdblsloa de certoinos formica, lea c’rcoMoo eataH , ’ i I’absfno© d?-\ J- m onia quol dr ntuple ot de direct ou ac roocnmtt cans Vexpression unc peno£c bion venae, onusent den la pr outers lecture tm malaise certain#... Q eat visible quo cos co&toum4s, pna ?kd -Serita en frenga In# co --as nlnal qur 30 fait camattre la voloaW ne tic- d’un home d’ac'-im, hsbltu6 a annier doo notions st positives. la e fait au cPum disc rtat on • fjblo qu cetto premiere eoquieoe, dmnte par un out ur tabu d f deb correct! jna a Lent a dee 00 .rite tout autre Mala I 1 auteur o’oat obstinds 11 a cxigd In naintlen tout au s&lm de sep 1 jrlncipes* j 11 0 in du hfi Ha Mn|l|| 1 11 a closed doo tore let'Mni on troia lea territolite ■•’ ■ nnreo lour eituation laure conditio-.a e 1 1 autreo clr~ c 'y. \c a '’i »♦* our justiftor de ;d«meni de log! de® retaono out ajoutdes, homes ou wawalim« Jfficle' l®aent # on ne d I 1 article ta^ ft *t> des mandate colonlaW, revue de Droit Interao ’Vnftl ct do loMslatio’i I.W, 6. BASIC VALUE OF THE MANDATORY PLAN the system thus established has merits which hwe cotxi nded theaeelves strongly to a nuabor of authorities. Hie chief advantage claimed for the new snangment seems to be that it rovidoc dependable achinery to carry the generally recognised trust obligations of the Power® into effect. ~f the throe types of international adainlstratio of territory — send ainiuoi* direct intemetloml co trol* and mandates — Buell concl dec l&at the last* narked In the beat. Hie condailnlum ha a boon tried in sc yr ml Inst meet in dudm # In Mglegfe In the Hebrides* and elaceherof but it has not been vhc-lly mtlofaotoiy. Joint rule of thia divides rea>?ma btllty and gives play to conflicting notional intercota. Direct into mat “.anal control as is now found in the mr — ad /pts Ln theory tno prlncl le of undivided responsibility to rm interm ionol ag ixy> but it is lacking in authority because of the present relative woaisncss of the League* The mandate system leaf merit because It so ko to preserve the advantages of direct natl not cmtrol over toe territories end eeoountabil ity to an international body for proper administration* Isaiah Gowan gays that the «ynt*» has two ftdrerdages over other planet first* it tehee control of territory ojt of toe hands of a power end plaees It In Use hands of several powers associated with the League of IMtBMb BW® invitto. review ant correction of official acts; second, It lewes the actwii adsilnletratlon of the territory to a single pewr* thus provldln; a,-.al .at too delays and abuses of joint reap mlbllity* lh Vm Reos has been with another feature of toe mandate system* tie rcaarksi Qe n’eat nl la fom© dtablle par le facte, nl le oarce; ore de celt© administration, ni encore I 9 obligation qu’elle comports d’a pliquer errtnlnes r&glss profltant aux Etsto* caembres de la >ocldW dos Nation®, qua on premier llou Voriglmlltd de 1* institution. Cc pul en o-nstltue, plus quo tout autre £l£xot, la nou* vomiW, V importance M la valour* c*ost If roconn ioa nee mi droll de peoples itlneurs habitant des torrltolroa qul joulsccnt d persmmaliW distinct* des outresj o 9 eet I ? obligation qu* hapligue la mlssloa do l ! mndotsifw de guider cos pouples vorc lour mjorltd, de fairs dvolucr le torritoir® administrd vers d v abord ( vero l 9 lnddpendane» complete mwultei c*ost la on dcmldrc anol -so# do Ltd aavimnle sous le controls d’ no collectivity Ln tenia t woo writer itio has given tjuch attention to the character of Ute of awndetoa has enMs toaqu’alors eerwiiw Sts -ta> de elvillsel" MBs Oto 0 VMMMa MM*iaa ed.wttait et potiquelt th&rie de le-cailoMsatiao-tu telle* Mbl eMtsic tsi dswlr pureMit 81*1; • 4remnt «<mpW par Vriat I MIMI MB 8M politlntie de j-GStifler, e.t de la la de l 1 odalnls tratlm de ter* ri cotmlausc, difficile u jua tifler au point de vue d£Mf«tl(|ue* Co devoir 4talt Ml la conod-* SMM de Is tar I a . ' laleoe.lt cubelater It MMtalMtf Integrals de la Metropole n*®vsit a rsndm * orsonne de tea action* a itro apperatt la situation do la use mnda- ' ■ . " ■ : sous es ttWM&MMa treat Mnm c stairs do la ■ ■ Ila on a#sw la 'geetie** plus dir® goo Ml terrltoiras ltd MM des colonies* Xia 14.1 nmt OOnrMSf en vne r*eotim conform aw dec 4ebltnntQ» plus un alpple devoir flMala pureomt Tolemtntra* Mi Pulssmoo qul VaatMl cat la de la dos NM&MM n acceptant Is all® eontrsete u» oblige* i ci m tm tuteur» on aoceptant la Malla* nccepte dea t des roepcrmMl lWs» Ma an en daaioa* 100 pulesansos ac doo droits a*? Ie territoire et la . . Iles an ommimlmb* e.e.u n . r Is devoir mnil de ; . eird’hul, ea no sent was - droits qu f elloe sequilrent ewe & at> M ' lelliM MMMS« lens sent eeMMMilee* t* < , ■ • rt G . ": a - ' ".'„ ■t : . ; ■ . . rar- i et la Cggseil do la ~wMW des *Mt*aa prMI les msures MLstW him# th© mMW system repudiates the policy of exploitation and seeks to $ UM liberal Mat* than over Wf&n W aiM W MMMity In the former ■ ilea o; NW Ml Wy* 1 I o Mitaiot . ' r individual states I --Us thorn MitiWe Id 1 U of Nntims for a proper din' itioo MMM by IW in NNMftiW article MW ■ ■ x . nature responsibility thus i seub < u i the smrmcv . MIW Hl for more detellcd considers tian. 1 ' SS covered in detail in aright t op. clt« t 723-A7# and to gp. £ll** 30. 1* X2* For text of draft osMatee* seo ibid*, 85»9C* * — Ibid** do. 7, For ace Xbld.» a. 8* 3/4 W?< > do. h :, 3 . on* £ll** $1 39* Tre»W Foto- j * "7* $lO tr aty ma sapped October W, tlw erttiah High ?• Gok> md the . r *d* 01- Mb aix. li ma to l«at W *• H* Report on 'fir anSnKTWr. ’ > • srd Edition, 547. rs«M&-.» cii»» ir. ux# hg; in, up a cit., 94. cf. jotter# or. » s’o-71 for stole lent of nrlnciplcs established mandatory systea. 92 • ?• F. Furukaki, "Nature juridique des mandats internationaux de la Societe des Nations," Bibliotheque Universeile et Revue de Geneve, 1926, p. CHAPTER II THE MANDATORY POWERS AND THE LEAGUE OF NATIONS 1. JURIDICAL NATURE OF MANDATE SYSTEM THE legal character of the system of government established by Article Twenty-two of the Covenant of the League of Nations has been the subject of extended study and of considerable conflict of ol Inion, The different views concerning it have arisen chiefly because of the ambiguity of the j>ence trestle® and the Covenant and because the Institution is not clearly contemplated by international As a result, several divergent theories have been developed to explain the position held by the mandatory powers in their relation to the League and to the territories placed under their control. The entire problem has centered about the location of sovereignty, .here does sovereignty reside — in the mandatories, in the League, in the mandatories and the League jointl , or in the respective territories? This is a question which has never been 2 satisfactorily answered. une group of writers Ina lata that Germany and Turkey transferred their ownership of the territories to the Principal Allied and Associated Powers, which In turn settled their rights directly upon the mandatories. It is pointed out that the League had nothing to do with the allocation of territory; that it is not a state capable of exercising sovereignty; that it does not possess ownership but simply a Halted power of supervision. The H C n territories in particular ar® said to be mere annex- ntima, because uader Article Tiwnty-two they are to be administer d as in- tegral portions af the territory of the amndat rles, ihleh requires the exer* else of full ive, executive, and judicial polit .cnl powers, or sover- 5 ihe weight of authority, however, op. MMBB to IB opposed to this extreae vies# mt those dmyin/s that the mandatories have fallen hair to the former poasesslons ox sad Turkey are not In agreement with roepoet to the nature of trie rights created by the treatlaw of peace. Thus, h Hymns in his initial report to the council of the League stated that the lend title n mat be a doable ones me conferred by the Principal Powers and the other conferred 4 by the League of nations,* and similarly, Professor Quincy reworked tisat nov Mlnnty belonged to tiie mndatorles working in cone rt with th® g Corneil* Al rhe us iwy ;inow expreooed opinion that the territories were the profert ox the Allied .and Aaooelated Powers acting Jointly but that the beogue, duly organised, suoceedod to their righto, he sovereignty voted in th© Leap;uo in Ihus a pammo<mt sovereignty of overlordship, the ordinary of lordship being veetwd in the people or tho territories but 6 In the Mtfhtavteß if the *b* md *C* territories* In the sem way, obcr'. BoMM urged that the Immediate pow-r of control over Hb territorlee was transferred by tlie Allied .and bated Powers to t e mandatories but that at the sana tVj© mediate or ultlmto sovereignty rao vested in the h ague* Ula argusf-nt In tlxle c rests upon the power of th* league to revoke ©riy anndetr and reallocate the territories and to amend the Covenant, 7 determines the basic obligations assumed by the mandatories* Of particular interest is the attitixle of German authors, who have consistently resisted any tendency at inoorporati >n of the territories by the states Immediately in ecntrol and have maintained that sovereignty is vested in the League. several students of the problem have expressed the opinion that the powers of government renounced by Germany and Turkey reverted to the people of the colonies, but that such powers are provisionally suspended in that they are to be exercised for the time being by the more advanced states to whom the territories wore entrusted. During the period of tutelage, the territories are said to be pro-9 tested or part-sovereign states. wherever sovereignty may be lodged — if indeed the present institution of mandates can be reconciled with strict juridical concepts — it seems clear that annexation of the territories was not contemplated by those who established 10 the system and that the letter and the spirit of the Covenant forbid such action. There is little reason to assume that the renunciation of the territories in favor of the Principal Allied and Associated Powers transferred them in full dominion. The same formula of renunciation was used with respect to Memel, Danzig, and Schleswig, over which the Power® clearly possessed no sovereign rights* The better view apparently is that th< powers acted meresr as liquidate s >f the mr, as temporary administrators of the area© and populations In question. Since Germany and Turkey received no credit on reparation account for the colonies thus surrendered, it would seem unjust to hold that they became the property of the Principal Powers or of their suc-11 censors, the mandatories. further, the nature of the obligations freely assumed by the governing or superior states estop than from setting up legal claims to the mandates placed under their charge. Ihe relations which result can be described as a t pe of international trusteeship, the exact nature of which can be understood only by a study of the character of the duties under-12 taken and the manner of their discharge. 1. D. F. W. Van Rees, Loa Randats Interna tionaux, 15*16, and authorities cited. 2. For summary of the various theories, see Paul Fauchllle, Traite de Droit International übllc, I, part 2, 845-51. RoTInrXe < oloniaux/ v wue de ProH labor- national at de Ifeialsiion 547,549 b • ~AounrOe"canJ/ is ear Ie ot 1 o Ca jeroun, 10,14,40*42$ Giulio lena 9 •Tea £on ■ .. rggtlgn&l J aJB fa . iBO dos gours, 924, IV*, 246 Journal of the League of a* 6, 1920, p. s 17 -I of fotr-moti .ml Law, ‘4* “ — —• * “ — * 6. *ltß ISaadatory gyßle* BhhW Ibe oovenan a* of liatims, w 8 ox olltical jelenc-a /roc aM 1 *, >7O, 72*75* 7t h Du moment que la Society dos Nations, par son droit de reprise et de reinvest iture, a 1© moyen de disposer du llandat, ©n d’autreo teams, du noment qu’il lui appartient do dispenser Pautority dans 1© territoire ct d*y ytablir 1© ma it re de son choix, bref, du moment qu*ell© y est la source de tousles pouvoirs, 11 faut conclure y la domination supreme, la sourerainety** Thdorie de la Society des Nations, ly6. M L© Pact© dome la possibility a la society des Nations' de transformer 1© regime aotuel des Mandats* In ©ffot, I 1 article 22, comma toutes les dispositions du Covenant, ©st modifiable. Il suf fit que I'amendement qu* on veut introduire soit rstifie par lea membres de la Ligue ayant un siege m Cornell et par la majority d© ceux dont les reprdaentanto formant V Assembly®.” Ibid., 197* See also 204-10. George Oioriceanu, Lea mandats into mat 40, 8. Ihus, SchUck Lng any ™We&berg state that Article 22 provides that the m ndatories are to serve in the name of the League. “Daraus folgt, dass der Bund die Über die gandatrdnder auaUbt under er sich dor Mandata«sMchte lediglich als seiner Or gone bedient. Die Übertragtag der oberston Herrschaftagewslt an den VUlkorhund Über die Mandatlender st©ht auch allcin ini Einklang salt dem in Aba.l ange : mien Zwecke der geaaaton Institution, sich des bohlorgehens und der Entwicklung der Kolonislvßlker sis einor ‘ufgabe der Zivilisation* anzunehmen. M Die datzung des Vdlkerbundos, 688. lee also Moritz Bileski, rt Das .aadat des VUTkerVundes, ,! Zeit- fur yUlkerrocht, XII Band, 1925, 66. Paul Pic/be regime du mandat d’apres 1© Trait* de Versa Iles,* Revue general© de droit international public, 1925, 14; Albert Dillot, Lea mandats hatemationausc, 113. * “ 10. R. :i. Baker, feed row Jilsm and orld Settlement, I, Chapter IS. 2. OBLIGATIONS ASSUMED BY MANDATORIES Speaking generally, the mandatory powers have ©cce ted two binding obligations! first, not to appropriate for their own peculiar purposes any of the resources of the territories, whether they be in the form of the labor or the persons of the inhabitants, or whether material values no cx- pressed in mineral or vegetable products J second, to foster the moral end material welfare 1 of he poo le of the territory, directing administrative 15 effort to the ultimate gool of self-gov rmaent. Another classification of the duties assumed falls unuer three heads* first, obligations to the League — the mandatories submitting their administration to the control of the Leagues second, to other Member States of the League — guaranteeing liberty of conscience and religion, and freedom and protection to missionaries; insuring freedom of canmuni cation and navigation, and economic, commericol and industrial equality; abstaining from establishing naval bases or set ting up fortifications or organizing native military forces except for local police 14 purposes or for the defense of the territory; submitting all differences between mandatories and other Eember States relative to the interpretation or application of the clauses of the mandates, fetid not susceptible of settlement by negotiatlo s, to the Permanent Court of International Justice; third, to the inhabitants of the territory — receiving no direct profit, material or exclusive, from its administration; leading the inhabitants toward the goal of self-government; following the moral principles of civilizing the natives, 15 as sot forth in the draft mandates. The obligations of a basic character set forth in Artful© iwenty-two 16 . of the Covenant, were subsequently elaborated in the draft mondates. Ihe M C* mandates provide in the preamble for the aaswption by the mandatories 17 oi the obligations set forth therein. Article 1 names and distinguishes the territoxy placed tinder control. Article 2 provides for the administration of the territory as an integral potion of the mandatory state but charges the latter to * promote to the utmost the material and moral well-being and the social progress of the inhabitants of th© t rritory subject to the present mandate*** Article 5 obligates the mandatory to sec that the slave trade and liquor traffic are pro .ibited; that ”no forced labor is permitted, except for essential public works and services, and then only for adequate remuneration”; and that the traffic in arms and ammunition is controlled* Article 4 prohibits military training of natives, except for purposes of internal police and for local defense, and forbids the establishment of naval bases or the erection of fortifications in the territory. Article 5 insures freedom of conscience and the free exercise of all foma of worship in the territory and protects missionaries in their calling. Article 6 requires the mandatory to make an annual report to Ih© Council of he League, giving full informtion with regard to ’tie territory and indicating the measures taken to carry out the obligations assumed under articles 2, J, 4, and 5. Article 7 declares that the terms of the present mandate can be modified only with the consent of the Council; that disputes arising with respect to the application or interpre* tation of the prov cions of the mandate, if they cannot be settled by negotiation, shall b submitted to the Permanent Court of International Justice; and that the present mandate shall be registered in the archives of the League. The draft raandates for the M B* territories are somewhat different in 13 their provisions. ' 'lhere is no provision for them to b© administered as integral portions of the mandatory states; Article 2 states that ”the mandatory shall be responsible for the pe c@, order and good governnnt of the territory, and far tn© promotion to the utmost of the material and mot's! well- being and the a dal progress of its inhabitants** Article 5 is similar to Article 4 of the *o* mandates in that it forbids military or navel bases or fortifications in the territory and the raising of military forces ©xc pt for defense and police pur- see. ” Article 413 similar to sof the ”c* mandates In । residing for the su press 1-n of the slave trade and the inhibition of forced labor# os wlas in requiring a strict control over the trailic in anas nn am nit ion* It# however# does not forbid the sale of spirit© but iserely ee ko effective control? it provides for the eventual eaamoipoti n of all slaves and for no ape dy on ellMnetlcn of and other slavery ns social conditions will p-mit? anti it require© the supervision of Inbor contracts end recruiting of labor. Article □ introduces rovialana not found in the ”C* iandateo, ren noting the protection of native land titles# which are to be dotemlned in the of native laws ami cue cos and to bo trans* ferrod, except between natives# only with the con ent of the public authorities* Ute mndatory ic also charged with promulgating strict regulations against usury. article 6 likewise contains -cguletlo -s not found in the *C* drafts* The must guarantee all no tic. al s of Member States of the league ttie rights In the territory njoyed ty its om nationals* his include® the right of entry into and residence in the territory} equal protection to person end r party? free eaerolso of trades or p-rofessiono# subject only to the proviof no neceeseiy to public order? freedom of transit and navigation# 'nd economic# eoTwrcial, and in ustrlal equal.’ty# except i s to public works ond scrvlc-'s? equal privileges in securixig concnssiom fur the development of the natural resources of the territoiy. General asnepolles are forbidden# tut exceptions ere allow d w th respect to thoao of a fiscal and those fairly nrcesa- r? to dev lop the conn' Article 8 the mandatory is obligated to apply to the territory any general international conventio s applicable to its contiguous territory. Vfoile Article 9 gives the mandatory full powers of administration and of ap; lying its laws to the territory, this must be done subject to the a ove provisions and to the modificati ns required by local conditions. Fiscal or administrative unions with adjacent territory under the sovereignty of the mandatory aay be set up, but this does not authorise infringing the other provisions of the mandate. Articles 10, 11, and 12 correspond to Articles 6 and 7 oi the mandates. 'lhe “A“ mandates have certain c ora. on provisions and certain provisions 20 peculiar to each territory. A wide measure of local autonomy is guaranteed to alls no mandated territory, or any part thereof, is to be “ceded or leased to, or in any way placed under the control of, the Government of any foreign ;ower.“ Pre-existing privileges and im lunitiea of foreigners, including those enjoyed by capitulation or usage, nr to be suspended while the mandate or treaty remains in force: freedom of conscience and of religious wor hip are uaranteedj nationals of Member States of the League shall be treated equally in matters of taxation, commerce, or navigation, in Indu try or the professions. Annual reports are to be submitted to the Council by each mandatory; disputes relating to the interpretation or ap lication of the provisions of tie mandate are to be referred to the Permanent Court of International Justice; the terns of the mandate may not be changed without th< consent of the Council. In Palestine the mandatory has “full powers of legislation and of administration, 11 subject to the terms of the mandate. In the mandate for Syria and the Iraq tre ty,provision is made for the framing of an organic statute in accordance with the wishes and interests of the respective inhabitants* Local autonomy is to be encouraged in Palestine and Syria and their progressive develo ment as independent state# is to be facilitated. The govern ment ol . is placed under King Feisal, subject to the conditions of the treaty with Great Britain, which provides for British advice and assistance to be given without prejudice to tiie national sovereignty of th© state of Iraq. Great Britain is to use its influence to secure the admission of Iraq to the League, when the treaty will automatically cease. Foreign relations of Palestine and Syria are under th® control of the respective mandatories, who are to afford diplomatic and consular protect on to the citizens of the territories when they arc abroad. Great Britain is to allow Iraq representation in London and at ouch other capitals as the former may decide beat, and likewise may p rmit lor ign representatives in Iraq. Armed forces may be organized in Palestine and Syria to preserve pence and order and for defensive purposes, but they are to be used for other purposes only with the consent of the mandatory. The roads, railways, and ports of these two territories may be used at all times by the respective mandatories for the movement of armed forces, supplies, and fuel. Great Britain agrees to provide th king of Iraq with such military support and assistance as may from time to time be agreed upon. Ihe mandatory for Palestine is charged with establ shing a national home for the Jewish people in th territory, but nothing is to be done w which might pr judiee the civil and religious rig its of existing non-Jewiah committee in Palestine, or the rights and political status enjoyed 21 by Jews in any other country.* Immigration and settlement of Jews la to be aided by the mandatory, which is to arrange with the imist organization, or another a. ropriate Jewish a ency, to develop the natural resource of the 22 country 4 " 11. Van * 12. Thus, g. Van Koi has observed? ” :he terms of the mandate in themselves imply that the newly-acquircd rights are not those of a proprietor but those of a trustee who is entrusted with the temporary administration of these comtries in their interests and not in his own. A ~"datory who wishes to fulfil his duties os a trustee is debarred from any right of appropriation? on tae contrary, he must protect the property of the people under his charge, foster its development, preserve its health, safeguard its liberty and its moral and material well-being. There is a sacred duty to be discharge, and not a selfish profit to bo gained.” •‘Colonial Mandates and the League of nations,” Preliminary pocunenta of t ie Twentieth Inter-Par 1 lamentsry Conference, 76. quoted with approval in Permament Mandates Cor u.i£as iont _finutoa of .hlrd Session, 218. Ip. John H. Harris} quoted in Pcmamcnt Mandates Commission: Third session, 217* 14. not applicable In the former Tursi colonies and in French Togoland and F rench Co eroons. 15. Van Hoes, op. cit., 22—24. These securities are acid to be in the nature of a covenant running wllh the land. Snow, op. cit., 70. 16. See Chapter I, section 3. 17. For a typical draft mandate of tt C w territories, see Annex 1. 18* For typical ’’B” mandate, see Annex 2 In the *B* territories of Trnnoe is provided that the troops thua raised my be utilised to repel nn attack outside the swidete, Ihlt Fight ap lies only in the event of a * gene ml war*” 20. For the Iraq ir7aty see Annex 5; the mandate for Palestine will be found in Annex 4; that for Syr © in Annex 3. This provision does not apply to Trans* Jo rd an. 22. For brief analysis of the n A n mandates, see H. F. Lindley,' Iho Acqul* sit ion and Government of Backward Territory in International Lew, iKe territories have certain qualities of protectorates. A. 3. Hershey, The Essentials of International ,1 utile Law aql Organization, 1 7*BB. B-it it is a protectorate of an internetio al character. C Rnbbath, L 1 *v elution ol it iquo de la Byrie sous .andat,67» Of the three mandates, only*lraq clearly possesses sovereignty, but even here strict limitations are placed upon the government* Lindley, op. cit., 265*64. 3. ENFORCING RESPONSIBILITY OF MANDATORIES The stipulation® in Article Twenty-two and in the respective draft mandates may be regarded as self-imposed limitations upon the powers which the conqueroring states may exercise over the territories which have fallen under their control and as self-assmcd obligations of trusteeship toward the native 25 populations. The following statement of the position of the mandatory visa-vis its mandate, a view expressed by Sir Charles , ergusson, Govemor-G noral of New Zealand, has received the hearty endorsement of members of the Permanent Mandates Commission; It 1® not always remembered that, there is a distinction between such a teak [of administering a mandate] and that of administ ring an ordinary dependency of the Empire. In the latter, we are responsible to ourselves; in the former, our honor is at stake. It is a trust, and our duty is to admiaiater it in the interests of the people to whom the country belongs, and to fit them as far as may be for self-goverment• Western Samoa in n t an integral part of the British mpiro but a child of which we have assumed the guardian ah ip.. •• • • .Sopire-building is noble w rk, but in some respects this work in which you are all engaged is even greater. It calls for more self-sacrifice, more disinterested labor, for a great r sense of responsibility. It is a great thing to develop a country in our own interests, but it takes higher qualities to do so In the interests of others. Of what you have done end are doing you may well bo proud, for you are building up an edifice which will be a lasting monument to British rule and traditions* The expression and endorsement of such high purposes are well enough within themselves; the recognition of the principle of trusteeship is to be highly commanded. But what is there to guarantee that the mandatories will properly discharge their noble miwsionT Miat are the sanctions behind the obligations, negative and positive, thus assured? This raises a question which r the present status of international law cannot be answered in a strictly sotiofne- tory manner. States are as yet largely beyond the reach of legal proceases, 25 which they may defy by appeal to force. Me writer has argued rather convincingly that the only sanction behind the obligations asawd by the nations who have undertaken to govern mandated territory according to the letter and 26 the spirit of the Covenant is the rule of good faith. bhile one cannot rightfully assert that this is the only sanction, it is undoubtedly an important one. The mandatories have accepted their role seriously and have, with very few exceptions, discharged their duties conscientious y. as M. Von Rees remarked t son entree on vigueur, les principes ont, en effet, scrupuleuae tent observes. Tout® 1* activity des orgnnlsmes charges de la surveillance de la gestion mandataire est de nature 1 juatifier cette affirmatloa qui, d’ailleurs, trouvera sa pleine conf irisation dans le detail!© ci-apres, des truvaux de ces organismos.’- 'iho courts of the mandatory powers have definitely recognized and upheld the legal obligations of their govem.ionts. The provisions of Article Twenty-two and the draft mandates have become a pert of conventional international law bin ing on all signatory powers! such principle has been anncmeed in several cases arising in the national 28 courts. In the actual administration ox’ the territories, the mandatories have, for the jogt, pursued a policy reasonably calculated to advance he welfare of the native populations. Compared to the colonial regimens of the past, mandatory adilinistration today is strikingly liberal, enlightened, end 29 humane. ’ Under normal conditions, the rule of good faith may be regarded as a reliable sanction? in tines of stress, however, it is likely to be disregarded. Realisation of this danger led the framers of the Covenant to seek the establishment of more positive means of enforcing respect for international obligations. Ihe coercive measures provided b • the Covenant may be classified into three groups! economic, military, nd political. Thus, it is provided that should any Member of the League resort to war in violation of articles 12, 15, or 15, it shall ipso facto be deemed to have co iltted an act of war against all other Memb ra, who are to s ver all trade relations, prohibit all intercourse between their nationals and the nationala of the covenantbreaking state, and prevent all financial, commercial, or personal intercourse between the nationals of the covenant-breaking state and the nationals of any other state, whether a Member of the League or not* Military sanctions are found in articles 10 and 16. According to the former, M The Council shall advise upon the means that any threat or danger of aggression shall be met and the territorial integrity aid political indep ndenc® of each state guars teed. Article 16 declares that "It shall be the duty of the Council in such case [of a member resorting to war in violation of articles 12,15,0 r 151 to rec inmend to the several Governments concerned what effective military, naval or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League. * A political sanction is likewise found in Article 16: •An? Member of the League which has violated any covenant of the League may be dec la rd to be no 1 a Member of the League by a vote of th© Council concurred in by the Representatives of all the other Members of the League represented thereon.” With respect particularly to mandates, the power of the League to withdraw a territory from one state and vest its control in another, as well as its authority to amend Article Twenty-two, by the obligations of the mandatories are determined, may ' 50 be considered as a political sanction. Ehatever significance these provisions may ultimately possess, they are as yet of dubious value. Various interpretations have been placed upon them, considerably limiting their application and force. Thus, at th© fourth Assembly held in the First Juridical Chpunittee, speaking of Article 10, declared: ”It is for the constitutional authorities of each Member to decide, in reference to the obligation of preserving the independence and the integrity of the territory of Members, in what degree the Member is bound to assure he 51 execution of this obligation fay en loymentof its military force ;• ” v hile this interpretative resolution was not formally adopted, since it required a unanimous vote, twenty-trine states favored it, thirteen abstained from casting a ballot, and only one (Persia) voted no. This was sufficient to give it a fairly authoritative adoption. Further limitations have been added from time to time —particularly with respect to allowing ©adi member to decide whether it will apply the economic boycott — end these have practically e ns* 30 culnted the coercive power remaining behind the League. International enforcement appears to be a long way off; reliance must be placed principally upon organized voluntary international cooperation. After all, however, this type of sanction, ra her than enforced submission, constitutes the real baa is 55 . of the social order. mere remains Elihu Root has characterized os * an indefinite and almost mysterious influence exercised by the general opinion of the world-** As he has remarked: w The gr atast and strongest governments reco nize this influence and net with reference to it; they dread the moral isolation that accompanies it and they desire general a proval and the kindly feeling that goes with it. The essential value of the League organs is that they allow an international public opinion to crystallire and to exert its influence where most needed. By means of the League’s resources for collecting information, for drawing states into conference mere their problems can be discussed and their differences adjusted, for the interests of the world, it is able, in spite of the weakness often 55 attributed to it, to perform a worthy nd valuable service for mankind. Relying principally on the rule of goad faith and the sanction of public opinion, the League has taken from the beginning an aggressive attitude with 56 respect to its right to supervise the administration of man a ted territory. Acting through the Council, the Assembly# the iiandates co miso ion, and o her agenc.es, it has consistently exercised a positive control. In >. Hyman 1 a report of 1920, he emphasised the obligations provided in Article Twenty-two and declared that the League, while acting prudently so as not to provoke just criticism or increase the difficulties of the tasks assumed b the mandatories, should examine the entire administration of the territories. He said that it was ’’undoubtedly the duty of th© Council to see the observation of the rules laid down in Article 22 and it could not allow them to bt disregarded.” 57 This interpretation was adopted unanimously by the council nnd by the Aaambly. 'lhe only immediate link provided by the Covenant between the mandatories and the Le gue is found in the annuel reports which must be rendered to the Xa Council. The draft mandates of Syria and Palestine in articles 17 and 24, respectively, call for the making of the annual report ”to the satisfaction of the Council as to the measures taken during the year to carry out th© pro-59 visions of the mandate.*’ And that “Copies of all laws and regulations promulgated or is ued during the year shall be communicated with the report.’ 1 While the draft mandates for the and *C h territories require that annual reports be dispatched “to the satisfaction of the Council,’’only that of Tanganyika (Article 11) provides for sending a copy ©f the laws and decrees put into force during the year and affecting We pr p *wy, commerce, navigation, or the well-being of the natives. This omission, however, was subsequently cured. The questionnaire for “B” and “C" mandates, drawn up by the Co mission in August, 19 2, requested he mandatory powers to “add to their annual reports the text of a 1 the legislative and administrative decisions taken with regard 4o to each mandated territory in the course of the past year.” The request, 41 repeated on several different occasions, received the endorsement of the 42 C uncil, August 29, 1>24. The mandatories have freely complied with the suggestion of the Commission, supplying it with a full documentation of thofr laws and administrative d crees, greatly facilitating the thorough investigation 45 of their activities in the territories under their charge. x J. Stoynnovsky has expressed the opinion that the submission of all laws and ordinances to review by the Commission is extremely significant, "car le fait, pour le mnndataire de somettro a un organs international tous lea toxtes Idgialatlfs et adminlstratlfs qui le territoire a own is a son mandat, d’en fa ire un sujet de discussion into mat io ale, de recommendations et parfoia de demmdos de modifications, indique quo la surveillance de la gestion du mandata ire a atteint le plus haut degr£ possible. Elle embrasse, en effet, comma il ressort des questionnaires, tousles de la vie Indigene, dont ells garantit le et le developpement." Means were thus established to bring the mandatories and the ap ; ropriate agencies of the League into contact, insuring the supervision of administration, sanctioned by the provisions for 45 full information and publicity concerning the undertakings in each territory. 2s. Of. statement of Lord Balfour In the C .uncil meeting of May 17, 1922 Journal, No. 6, part 11, p. 547. £4. Te r moment Mandates Co mis aio ns Minutes of Tenth Session, 24 23. C. C* Hyde, International Law Chiefly as Interpreted and Applied by the United States, “ Ua oKa th, op. cit., 87 27. Op. oit.l he then analyzes the manner in which the obligations are discharged ,>5. 28. pubcy .night, M Status of the Inhabitants of undated Territory, w 18 American Journal of Ini p mat tonal Law, >O6-15. Sea also, .right, H Some Recent Cases o the status of an a ed Areas, 1 * 20 Am-rican Journal oi‘ International Lav, 788-72. 29, This should appear clearly in Chapters V-IX. 50< For an extended' analysis of League sanctions, see Redslob, op. cit., 35-p6. 51* s£ tj he Fourh Assembly, Plenary Meetings, 86. 52. Buell, Internet ional‘ Relations, Cha tor 24. 55* P» B* Pokier,' "to the Btudy of Internal! ,nal Organization, Chapter 25. ~ ‘ —- — . — sanction of International Law,* 2 Proceedings American Society of International Law, 14, 19*20. 55. Members of the Mandates Commission fully recognize their dependence upon public opinion* As William E. Happard pointed out: ’’The League of Nations, which is the outcome of a general movement of public opinion, will live ©nd develop for the benef t of mankind according to its success in gaining and retaining popular confidence. Nothing so develops and strengthens that confidence as to make manifest the sincerity with which the tutelary revisions of the Covenant are applied. Among all these provisions, there are none perhaps upon which the sarcasm of skeptics and cynics has been expended with more bitter joy taan those of Article 22. *Tf, as they were wont to assert before your Commission took up its work, this text had no other purpose than to clonk in hi h-sounding and pseudohunanitarian phrases the intention of rapacious conquerors to exploit for their own ends) if the institution of mandates were nothing more than a hypocritical cover fur ill-disguised annexation, the League of Nations as a whole would suffer a considerable and we 11-merited set-back to its prestige and moral authority. H lf, on the contrary, it were to become more and more evident that the administration of peoples ’not able to stand by themselves* really constituted a ’sacred trust of civilisation* and a tutelage exercised by the nandat cries on behalf of the League, ith full consciousness of their responsibilities, both towards the Lea u© and towards the p oples under their c ire, the League itself and, consequently, the peace of the world would reap the b nofit, M Permanent Mandat s Commission: Einutes of sth. Bess., 10. 56. Professor Potter has said: "The Mandate system is a going arrangement and more than reasonably successful. Yet it is very nearly os radical in character as the system of coercion provided in the Covenant which has now collapsed. Hie explanation seems to lie in the fact that it was nec ssary to put the Sandate operation and to put them in operation immediately in Ipiyj”* 57 • 1920 Official JoumaF, No. 6, 5>4-41; He cords of Ist. Assembly, Plenary Meetings, 108. 58. Article 22, paragraph 7« 59* No provision for reports was made in the Iraq treaty. But England undertook to supply he reports and laws, as for Palestine. 1224 Official Journal,No. 7# 1014 40. minutes of Second Sessi n, 82, 84. 4. ORGANS OF CONTROL: THE COUNCIL. The authority of the Council to control th© mandatories in their administration was established at an early date. That it should possess thia power was inferred from the Covenant? practical reasons — that the Council is th© central agency of th© League in the discharge of its functions — likewise con- trlbuted to thia From the beginning, its relations with the institution of mandates have been intimate and direct. Its influence predominated when the details of the system were worked out, and since that time it has had the final word respecting the action to be taken by the League in all matters affecting the mandated territories. It was the Council which in 1920 urged the principal Allied and Associated Powers to make haste in defining their rights and obligations unber Article Twenty-two and to submit the droft 47 mandates to it for approval. After each drafts were submitted, they were 48 subjected to careful study by a special sub-c > mittee, and were approved only after the Council was satisfied that their provisions were In accord with 49 its interpretation of the covenant. Any amendment to a draft mandate must 50 receive the approval of the Council. The Council likewise determined the organ!:ation of the Permanent Mandates Commission, adopting the Constitution under which it operates, approving its rules of procedure, deciding upon its membership, fixin its jurisdiction, 51 and establishing its relations with the mandatory powers.' The Council is the one agency of the League having immediate official contact with the mandatory governments. The annual reports are addressed to It, and are studied by the Mandates Commission in order that it may make recommendations to the Council as to what action should be taken. Such recomendations my or may not be approved, as the Council itself decides. ihe observations of the Co emission concerning the reports are as a rule discussed by the Council In the presence of a member of the Commission, usually the President or Vice-President, and the representatives of any of the mandatories who may be Interested in the 52 proceeding. The discussion eventuates in the Council adopting resolutions asking the mandatories to supply additional information requested by the Commission, or to give their opinions on some matters of policy or concerning 54 problems of administration, or to take certain action suggested by the com- 55 mission in its report. The Council may likewise decide the legal significance 56 of certain acts and declarations of the mandatories.' The control exorcised by the Council should be considered in connection with the sanctions which it possesses. It has no power to coerce the mandatories; 57 it can merely make recommendations to theta. It can criticise, it 58 gate, it can encourage. As Paul Pic has said! Lo Conseil ! son tour examine les rapports, Studio les avis e In Co et prend les resolutions ou formula les recormandatio ns qui lui paraissent Sans pouvoir adresser de veritable® injonctions aux Puissances, 11 a qualiW, si elles so sent delibdr&aent des proscriptions imperatives de 1* article 22, pour leur rappeler leura engagements et provoquer au besoin, s’il y a doute sur la portae veritable de tel ou tel article du mandat, une decision de la Cour permanent® de Justice Internationale, dont r toua les Etats mandataires ont par avance I l arbitrage. In the final analysis, the Council secures the observance of the obligations assumed by the mandatories through conference, discussion, persuasion, and op eal to public opinion. As M. Van Rees has so clearly pointed outi C*est done per voi© de deliberation et, s*il ya lieu, de persuasion, quo s'exeroe le droit de control® du Conseil. Ft si I’on enclin aen deduire que, dans c a conditions, ce control® ne saurait avoir qu’une valeur plutßt platoniqu®, il so table qu’ 11 suffirait d’y que la sanction rdelle et ©fficace de la surveillance Internationale reside, ainsi que cell© de tout® manifestation de la des Nations, dans la publicity integrate ? de I’activity de cette dernier©, sanction part leu lie rement significative comportant I‘appel a I*opinion publique mondial® de tout© attitude incompatible svec le regime des mandats. $$ 41. F ourth Repo rt of Permanent* Mandates Commission to the Council, 4; sixth Report, 5 1924 Official Journal, No. 10, 1286-87. 45* Full hag been given, Cf. P. .C.» Minutes , 9th. Seas., llj Tenth Seas., 160-62? - leventh Seas., 187*89? Twelfth Seaa., 172-74/irteenth Less., 205*^8• 44. ta G&iJrale dos Mandats Into ma t ionaux, 145, 45. Mo ther contac t "was established when the 'Council provided that the mandatories should send representatives to discuss the reports with the Co mission. 1920 Official Journal, No. 8, 37-88. This supplies a sanction in the form of collaboration, considered post. 1920 Official Journal, No. 6, 554-41 47. Id em., also 1921 Ibid., No. 11-12, 1120. But the council would not take part” In discussio n between th© Ikilted states and the Principal Powers concerning the claims to Mesopotamia and Yap. 1921 ibid ~ N 0.5-6,441-42. 48* For report of drafting committee headed by Viacount Ishii and adopted by the Council, see 1922 ibid., No. 7, 848-92. 49* For action taken by Council in adopting mandates, seo Chapter I, Sec. 5. 50. amendment of Palestine andate as to Transjordan, 1922 ibid.. No. 11, 1183-895 and the mandates of Tanganyika and Ruanda-Nrundi, 1925 ibid., No. 11,1275. 51. Cf. Chapter 111. 52. 111 us the problem of natlonaCstatua of inhabitants of mnndnted territories wee discussed in the pr sence of representatives of New Zealand and South Africa and of the Marquis Iheodoli, President of the Commission. 1'925 ibid., No. 6, 567-72. Trie Council had previously provided for the presence of such representatives then matters affecting their territories were being surveyed. 1922, ibid., No. It, 1528. 55- 1925 ibid., No. 10, 1564 54. 1924 jMdl, No. 10, 128? 55. 1922 ibid., No. 7, 795 56; Thus it held that repudiation of any intention of annexing territoryunder mandate, such repudiation being made by an official representative of the mandatory, was binding on the mandatory itself. 1926 ibid., No. 2, 157 57* H. Bolin, H l>e aysterne mandats coloninux, n cited., 252. 58. R. edslob,”Le System© des mandata internal ionsux>* Bulletin Vj n " stitut intemediaire international^ a La Hoy©, 290 59." regime du 7aandat S’ aprcs le TraiW de Versailles, ” Revue genera la de droit international public, 544 (11 l extra it) 4a. ORGANS OF CONTROL: THE ASSEMBLY The Assembly, the more popular representative body in the League, is also concerned with the administration of mandates. Vhile no authority is given * r ->xcl© Twenty-two of the Covenant, Article Hire© declares that it H may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world,” It is thus justified in exercising an indirect control over the mandatories. Its limited function has been thus properly described by H. Jtoyanovskys . ..le role de V Assemble© consist© done a exorcer tin cert a Ine Influence morale et tree general© sur I’execution du eystem du mandat. M Assemble© aert, on quelqu© aorta, de trait d l union entre I’opinion mondiale et le Consoil, comme celui-ci assure le lion entre la SooiAo des nations et les ranndataires. C’est par I 1 inter med lore de I l Assemble© qua le Comaeil address® al l opinion publlqua; celloci son coW poui'rait etr® dans lea suggestio s, reco imnndatlon a ou vooux par 1* male 11 eat quo le droit de decision on matier© de mandate appartient au Conaeil, a I*exclusion de tout autre organ® de la des Nations. Each year the Assembly, in reviewing the annual report rendered to 62 it by the Council, gives some attention to the question of mandates. ’That part of the report dealing with the problems arising in the mandated territories is referred to the Sixth Committee, which is empowered to make a thorough investigation and required to report its findings to the p enary meetings of 65 the Assembly. Tie Co imittee, in performing its tasks, remains in close touch with members of the Council and of the Mandates Commission, and it frequently 64 in erviews representatives of the mandatory pow rs* After th© examination has been completed, the rapporteur of the Committee reads its report to th© 65 Assembly, which discusses it and adopts appropriate resolutions to be 66 forwarded to the Council for consideration.' Ihe discussions which take place concerning the report o the Committee may prove to be of considerable significance. A striking illustration of the influence which may be exerted occurred during the Ihird Assembly. Attention was directed by M. Belgrade, of Haiti, to the extreme measures resorted to by trie Government of Ho th Africa in putting down the Bondelsvmrtz uprising in South- est Africa, sir /. 3. Sivaswamy Alyer, of India, criticized the Administration severely for its failure to give the Mandates Co Bliss'on . ull information about the local conditions. He also took ocean ion to condemn a statement of General Smuts to trie effect that •o’’ mandates w re only annexations, and declared that the system of indentured labor in Western Samoa violated the terms of the Covenant. Sir James Allen,of Now Zealand, undertook to justify labor conditions in western Samoa by emphasising the peculiar character of tue Chinese coolica employed. Sir dgar gallon, or South Africa, explained the declaration of General Smuts by saying that he meant to tell the natives that they would be treated as justly as if they were actually assimilated to the political system of the mandatory state. Further, the reason for the failure of the Administration to su ply the andates oimission information concerning the Bondelswartz affair was that official having fcov;!- edge o£ the matter could not do so at the time, because ho was then employed in putting down the “rebellion. 0 nevertheless, the tsse bly adopted a resolution asking the Mandates Commission to make a investigation of the 67 68 case, which was don© largely in deference to the desire thus expressed. The fact that th© so-called backward nations are represented in the Assembly gives them an opportunity to voice their grievances and to appeal to a world-wide public opinion for an improvement of coeditions found in their countries or in the countries of other peoples suffering from short-sighted colonial policies. In extreme cases like those just mentioned, the Assembly becomes a sort of forum before which may be called to answer for their official acts. It thus brings the force of the League to the sup ort of the mandate system, greatly aiding the Council in its efforts to secure a proper regard 69 for the Covenant and the obligations assumed in the draft mandates. 60. og. cit., 59 61. k® general© den mandata internatlonaux , 150-51 lor repori, r '~see Records of Fl ra t Assembly, Ple- nary Meetings, I, 101-2/. &$• For e report of Sixth co oittee, ibid,, I, /5 -42 64. Edom, j also Records of Second Assembly, Plenary eetings, 542-5/ 65. Records of 12Z1l1 Tenaiy 'lootings, l, /25. 66. '®'e Council takes such action as it thinks advisable end reports its activities to the Assembly the following year. Records of Second Assembly, Plenary Meetings, /0-165. 5. THE ROLE OF THE PERMANENT MANDATES COMMISSION Article Twenty-two of the Covenant of the League provides that *A permanent Commi seton shall be constituted to receive and examine the annual reports of the Mandatories, and to advise the Council on all matters relating to the observance of the mandates.* Legally considered, the Commission is thus a mere consultative organ, charged with giving the Council aid and advice in the discharge of its work of supervia in. The Commission is not strictly an agency of control; the council may disregard its recommendations whenever this appears desirable. But in practice the Commission exercises preponderating authority in all that concerns the administratei nof mandates. In general, the Ctuncil does little more than endorse the reports of the Commission and ask the mandatories to take the acti n contemplated therein, rhe expertnoss, fairness, and tact with which the Commission has constantly discharged its functions have given it influence and prestige greatly in excess of its strict legal The direct contacts which it enjoys with representatives of the mandatories during the examination of the annual reports — these representatives are commonly the actual administrators of the respective territories — allows 70 it to exert authority of a most subtle and effective character. The Commission has always construed its p wers broadly and, with exceptions to be considered later,has had the support of the Council in its efforts to maintain close supervision over the entire regime of mandates. During its first session, the Co mission decided that w lt was entitled either to advise on definite matters to which its attention should be directed by the council, 72 or to express its views on its own initiative. ‘ The practice of initiating investigations on its own account, of going fully into the whole administration of each territory, has been followed from the beginning. In the interest of effectiveness in dealing with all questions which might arise in the territories, the memb rs of the Commission have that their official competence should 75 not be defined* The refusal to take a narrow, legalis ic attitude towards its position, while at the same time confining its activities within their appropriate scope, must be considered as a basic reason for the measure of suecoas which it has achieved. The Co mission regards Itself as essentially a technical body, a group of persons with a considerable measure of colonial experience called together to deal in an impartial and judicious manner wlta problems of administration arising in each of the mandated territories. Thus, as one member declared: Ihe Coiuiission was neither a body of lawyers drawing up, in a speculative fashion, a doctrinal system, nor a tribunal awarding sentences? it was a meeting of men of experience who made observations, gave advice and made recommendations n specific cnees. It was for this reason that its work, taken as a whole, would constitute, in the end, not a doctrinal system but to some extent a aeries of rules of j risprud; nee, serving as a guide for the mandatory Powers in the execution of the mandates. It was important, therefore, hat the minutes ahou d reproduce the discussions fully, for thia alone would make It possible to ascertain th© scope of any given decision of the Commission. 'This view, which appears to be held by all members of the Commission, was elaborated further by the statement that Ihe Comlsaion wt>a neither an institute of moral and political science charged with studying the problems from a theoretical point of view, without considering the result of the truths they unveiled, nor a tribunal having to judge the case, according to the dictates of heart and conscience without <onsidf ring the possible consequences of the sentence. It was a gathering of persons who had acquired some experience of conditions in far countries. The members of the Commission should always remember, when taking a decision, tiat they were, so to speak, o ©rating upon a living body which was extremely alive and which reacted very readily. They were not then free- to lay down the law and the strict truth, but they ought to take the utmost account of the consequences of their w rk and of their decisions.... The conception which the Co .mission haa of the role which it ia to play was illustrated in a characteristic manner when, during the eleventh session, it discussed the question submitted to it by the C uncil as to whether in its opinion aGe man member should be added to the membership* M. Orta strongly urged that the entire question was outside the legitimate and proper sphere of determination, being political in nature. He argued that the commission was not a political body! *lf, even though it were called upon to do ao by the highest authority of the League, it yielded to the temptation to settle a political question, the Commission would disqualify itself from exercising that impartial and independent mission entrusted to it by the Covenant and by its constitution. It would compromise its authority and credit because it would give grounds for the suspicion that its judgments 76 might be dictated by prejudice and by political passion.* Although the majority of the members of the Commission agreed that the question submitted by the Council was an unusual and embarrassing one, they were not spared to go co far as M. Orts, who would refuse to consider the question, but agreed that the Council, in certain cases, could extend the powers possessed by the Commission. It was unanimously agreed that ths Commission could deal only with the technical, as distinguished from the political aspects, of the matter, as the following resolution included in the eleventh report to the Council indicates! The Permanent Handates Qulaaion has carefully consider 4 the question referred to it by the Council os to an increase in its membership with a view to the appointment of a Ge man member* In the first place, the Commission was unanimous in observing that the Council, in referring the matter to it, had emphasized the fact that the Assembly’s approval of the sum intended to meet the expenses which would be incurred in the event of the appointment of a German member of the Commission was of political significanoe; and that accordingly the Council, in applying to a body whose character was fundamentally technical, only desired it to state whether there were any technical objections to the proposal. The majority of the members of the Commission concurred in the view that there was no technical objection to the appointment of a new member* The minority is prepared to welcome whatever decision the Council may think fit to take, but considered that it should abstain from expressing an opinion on account of tho political character of the quest on. " Ihe Commission has always refused steadfastly to consider matters which it regards to be political in nature. Ihus, during its first session, a resolution was adopted to the effect that tt The Permanent land at os Commission holds that it is not its duty to express any opinion concerning the terms of the Mandates, and that its attributions are limited by the last paragraph of Article 22 of the Covenant* which provides that the Co mmission shall receive and examine tho annual reports of the Mandatories and shall advise the Council n all matters relating to the observance of the Mandates.” It has consistently declined to go behind the terms of the mandates. It would not consider a * 79 petition complaining of nets arising under the Trea yof Versailles; nor the statement of a member of the Peace Conference with respect to the nature of the 80 treaty. It would not review or render an opinion on pledges made, or cl imed si 56 to have been mode, by the mandatories. It refused to pass on the wisdom 82 or expediency of the all oca ion of territories! to consider the question of 85 granting autonomy to the inhabitants? or to change the basic terms of n 84 mandate. It refused likewise to enter into the examination of subjects ' 85 over which local state had control. ?hile the Commission reserves c the right to review political incidents in the territories and constantly 86 exercises this right, it is careful to preserve its impartiality and objectivity of viewpoint. In referring to the approaching investigati nof the Bondelowa rtz affair, for instance, tho Chairman reminded the members of the Co mission: I an sure that, like me, you are convinced that, if, in the difficult task with which the Covenant entrusts us of examining the annual reports regarding the administration of mandated territories, we must necessarily give proof of discern lent and impartiality, nothin ; is lore alien to our spirit than prejudiced criticisms. No-one is more desirous than ourselves of facilitating the ask of the mandatory Pow rs by our advice, which is designed not to expose to the hostile criticism of public opinion any discrepancies which our examination might reveal, but, on the other hand, to do everything in our pow r to effect a steady 1 iprovement in the mandatory system, and to contribute in this way to the best of our ability to the consolidation of the structure of the League of Nations, which should be based on Hie deeplaid and solid foundations of public confidence andpubllc oplni n* • Tae detailed investigation of affairs in Syria during the eighth session of the Commiesion led 1. Van oca to emphasise the attitude which tnis body took toward the problem. He stated that "the Pemenent Mandates Commission wao not a political Institution! and that it had nothing to do with politics since it was a. purely t&dmicol Commission. Consequently, its only duty was to consider the complaints [of misgovernment by the French] from a legal point of view. o Thus viewed, he was unable to admit that the petitioners had any 88 cause for complaint. T coords of I Jeetinf;s, 1,81,152*66. 66. minutes or ?erF»ment Mandates ComieslGm Third Sessi n, 8-9,62. The Aa s embly falied to take notice of the Jyrian revolt, Cor which it haa been criticized. P,abb-th, op. cit., 06. 69* The drat mandates provide that the Permanent Court of International Justice will settle disputes over the interpretation or ap lication of mandates. Thue far, its activities nave been very limited. Pedslob, Throrie do la Joci4M des lations,lB6*l9l; J. Stoyanovsky, Ihe Mandate for olostiee, 155-158; 527-54. 70. Van' ReTsTt op* 'e i t., 4041$ Rabbath, og. cit., 30 71* See Chapter X * 72. Minutes, First Session, 20, 7?. Tnus during the f ifth'session ITtranspired that *M. Fr ire d’ Andrade ...was quite unable to accept any rules defining the competence of the Commission except those hat were contained in the Covenant, in the mandates and in the decisions of the Co ncil which had been approved by the Assembly. Outside these limits he could only be guided by who dictates of his conscience.” Ihe Marquis Iheodoil, Bugge-Wlckse 11, and M. Ra -pard -— all expressing opinions on ttie matter — agreed. Minutes, sth. 3ess., 142. At an earlier session, 4. Van Rees had proposed that the Co Mission consider defining its competence. Minutes, 4th. Seas., 14. 74* M. Merlin, in Minutes, Ipth. Sess., 20. 75, 'erlin, in Minutes, I?th. Seas., 167 76. Mnuteg, 11th. Sess., I>4. 77* llnutes, 11th* Sosa., 200 78. & Id., Ist. Seas*, 20 79* Thus, it would not inquire into the liquidation of ex-enemy estates in New Guinea to determine its fistice or injustice. Ibid., 4th. Sees., 180 80. General 1 statement that the Peace Conference intended that w C ft mandates should bo annexe ions and citing certain acts to sustain his view was repudiated by members of the Commission. Minutes, jth. Seas., 55-54. 81. Thus, the Commlsgion would not consider the pledgee which Jr Henry MacMahon, representing the British during the War, made the Arabs with respect to autonomy. The Chairman of the COuaisalon, the Marquis Theodoli, declared in tills connection that °it would be well to state clearly for the information of the public, and particularly of the populations of the mandated territories, that the Mandates Commission had no powers or competence beyond supervising the execution of the terms of the mandates as eotablished by the Council of the League of Nations. It was not for the Commission to discu s whether or not the terns of any particular mandate wore strictly in conformity both with the letter and the s irit of Article 22 of the ovenant. ihe iomission had merely and only to ensure that the terms of the mandate were being carried out.” He stated further that political questions like that raised by the petition presented by the Arabs should be taken up with the Council, which alone could deal with them. Minutes, sth. Seas., For the petition here referred to, see ibid., 175-74. 82. Th© Commission would not diacuas th© wisdom of Syria’s being assigned to France. M* d’Andrade expressed the opinion of the membership when he said that ”It was not fo the Co mission to hear petitions against the attribution of the mandate, nor to discuss whether, as Article 22 of the covenant laid down, the wishes of the native co muni-ties had first been taken in o account in their choice of the Mandatory. The co vision could not, therefore, take into conaiderati n the requests made by the populations of the territory under mandate with a view to obtaining complete independence unless It were stated that these populations were capable of managing their own affairs unaided. The ouncil of the League was the only authority which could make such a declaration, and the Co vision would only h ve to be hoard on the subj et if the (ouncil reauented its opinion.” Ibid., Bth. Sees,, 49. lor rejection of petitions from Syria subsequently for the same reason, seo ibid., 11th. Sess,l64. It thus refused to entertain a petition from the or tribe in South- Jest Africa asking for autonomy, and advised it to accept the conditions loosed by the administrator in charge. Ibid., 6th. dess.,3s-84. 84. Respecting protests of Arabs against the Jewish National Hone in Palestine, the Comission declared? ”As regards the protests of the petitioners against the terms of the mandate itself, and more especially as regards the desire for the establishment in Palestine of a fundamentally different regime from that of the mandate at present in force, the Comission, considering that its task is confined to uperviaing the execution of the mandate in the term prescribed by the Corneil, is of opinion that it is not competent to discuss the matter.” Ibid., sth. Boss., 196. For the petition referred to, Ibid., Sth. >ess., 17J-f4. Likewise the Commission haa held that it possesses no authority to add to th© terms of mandates by making then more comprehensive or stricter. It could not impose absolute prohibition of wines, b cr, and light liquors, when trad© spirits alone are forbidden by th: mandates. Ibid., Sth. Seas., 158-395 130-31. ** $3. For examplo, iii seeking ths adjustment of the frontier between Angola and South-Jest Africa, the Commission was careful to set soldo everything which did not concern the mandated territory and to refuse a hearing of accusations made against Portugal. Minut.s, 10th. Sess., 4s. 86. During the fifth session, the Commission decided to hoar a statement by Sir Herbert Samuel, High Commienioner of Palestine, on the p 1 tical aspects of the situation in Palestine for the reason that knowledge of existing c nditiom was necos .ary to advise the Council as to whether tho obligations of the mandatory were being discharged. Minutes, sth. Sess., 55. This rule- has been followed subsequently. Cf. Ibid. /IRK? Ueea., passim.; lyth Bess., 87♦ Ibid., joms., 10. 88. TEid., Bth. dess., 47-48. 6. THE MANDATES COMMISSION AND THE MANDATORY POWERS In its relation® with the mandatoty powers, the Commission has taken c re not to usurp their authority of governing the territories placed under their control* It has, however, insisted that such authority be exorcised In accordance with the Covenant and the draft mandates* Iha extent to which the Commission may interfere with the work of local administrators to secure a proper obsorvanoo of their duties is one of the most difficult problems with which it has had to deal* If it were denied the right to investigate and criticise the acts of government officials on the spot, its effective powers of control — oo nec ssary for maintaining respect for the system — would be greatly impaired, and its functions would in time become largely perfunctory. On the other hand, it would be impractical and dangerous for the Cdmisalon to undertake the direct administration of the territories, or to intervene excessively in their affairs* Such action would give rise to unrest among peoples in a state of civilization constantly requiring the presence of an 89 identified and undisputed authority* ' Fer these reasons, the Commission has endeavored to follow n middle course — to exercise strict supervision over X) mandatory officials but not to intermeddle with them in th ir lc-gitte te relations 1 pc witi the native population®. To pursue an evenly balanced policy of thio kind has not always been easy j at times the Commission has been 91 accused of a tendency of over-reachlngJ ‘ but it would appear that COmiaisslon has exercised unusual restraint and wisdom in chartering and following a course beset on both sides by enormous difficulties. The opinion held by the Commission concerning its relations with the mandatories was clearly indicated in a discussion held during the eleventh session. Recalling that the commission had been at work for six years and had evolved certain principles, the .arquis Theodoli si id thnt The duty of the members was to satisfy themselves, from the reports submitted and the statements of the accredited representatives, that the administration by he mandatory Powers of the territories under their authority was in conformity with the provisions of the Covenant and with their other undertakings. The Commission should not expect that evezy year it would have an opportunity of noting points of vital interest in thio connection* It must, nevertheless, avoid losing its If among details, for such a procedure might damage its prestige. The Mandates Commission ought ipso facto to limit Itself to general questions of an important character. These questions often raised matters of principle. Certain political interests sometimes tended to spread the belief that the Co mission should not raise questions of principle. Such questions were, however, the primary object of the Commission’s work. • erlin agreed that the Commission ’’should exercise general control, but that control sho Id not be meticulous, otherwise it would lose its strength and forfeit the superior role which it was called uon to play/* He said that the Commission should intervene in the administration only when grave questions arose. ’*The )embers of the Commission,** he declared, ”sho Id never forget that they have nothing to do with politics. They were experts exercising supervision, conscientiously and with restraint, over the dministra* tion of countries under the mandates system.” The Marquis Theodoli, speaking again, said that ”Tho Commission’s object was to assure itself that the reports submitted by the mandatory Powers proved that the ad ministration was following the main principles of the Covenant, and, looking beyond the details 'of the reports], it should seek to ascertain in what degree tuose principles were being applied.” M. Merlin brought the disc a ©ion to a close by stating that The great Western nations w re extremely careful, in the administration of their colonies, to apply the great princi les of civil 1:. at ion, and in thia the salutary influence or the League ox Nations was felt. It was quite true that abuses existed. In the administration of any community of men, it was difficult totally to avoid tnem. It was the Commission*s task to suppress in the territories under mandate not indivi u®l abuses but the systei of ©buses. Law c arts existed to deal with ©buses committed by individuals. In e ch colony was to be found a complete hierarchical machinery for the redress of abuses, ©nd anyone who had © complaint to make co >ld always have it investigated. He urged th® Co mission to have confidence in the mandator! 8, who wore tryin 92 honestly to eliminate all evils in the administrotton of the territories. This principle of non-interference with the work of Ideal officials, except In ex rose cages, hag been rather consistently followed. The general practice of the body is well illustrated by two interesting cases which were appealed to the commission for settlement. The first of these was the Ad jiao Controversy, involving the question as to which of two fsunilies — the Lawsons and the Adjigos — had the right to govern the natives of the town of Anecho* French Togoland. After an election of doubtful regularity, the head of the Lawson family was proclaimed chief by the ad iinistratlon. The aggrieved faction appealed to the Commission for redress, but it would not take jurisdiction, stating In its report to the Councils The Commission, having, la tne presence of the ©ocr dited representative of France, examined the quest on raised in the petitions of certain memb ra of the Adjigo family. Is of the opinion that it is not possible for it to take action other than to re cornu end the Council to request the mandatory Fewer to continue the measures it has taken with © view to pacification, measures Milch would appear to have be n dictated both by the necessity for maintaining order and a desire to avoid any unnecessary injustice* It is clear from the information given by the mandatory Power that the decision which wns taken in the case of the petitioners was not fessed on any consideration such as might give rise to criticism from the point of view of good administration# The Mandates Commission has no doubt that the local authorities will abstain from taking any severe measures which are not absolutely necessary for the maintenance of public order.'' 3 The matter was reviewed again in the ninth session, and certain explanations wer asked of the French govern which gave the assurance that order 97 was restored and th© different parties apparently were satisfied. In October 1926, however, the /Ldjigo group again applied to the Commission, which held 98 that it could not grant relief. The second case arose from a petition filed by r. John Robertson, involving mining claims of which he declared he had been illegally deprived. The matter had been regularly disposed of by the c urts of South-Jest Africa and the decision had gone against the claimant. In discussing the question during th© fourth session, h Orts stated that ”the Mandates Commission £ priori should reject the petition for it should not consider itself in any way as a higher jurisdiction (a sort of court of appeal or court of cassation) which was superior to the regular courts of the country.” Sir F. Lugard agreed that M The Co unisaion could not refuse to examine petit! ns concerning the general policy followed in a territory under mandate, but it was not its duty to examine petitions which might be taken before, or had already been 99 adj bleated in the local courts.” The mandatory was asked for more infomation, but meanwhile the following decision was mades 1. If Sobertson is estopped by the Indemnity Act [the local lew] it would soem impossible for the Mandates Comission to do otiler than declare itself incompetent. 2. If the outcome of the consultation with the Attorney- General "recommended by the Commission] is that, nt any given moment after the dispute aroce ( at present there mny be a question of prescription ), it was pusdiule for Robertson to take proceedings, the Commission wl 1 be bound to reject his petition; for it seems impossible that the Commission should assist pc rsons subject to the jurisdiction to withdraw their coses f om the jurisdiction of the territory. 5. If the Attorney-General replies in trie negative to both questions, the Mandates Commission will be competent to make a thorough investigation of the case, as there will then be room for doubt whether Robertson had not actually been the victim of arbitrary administrative action. After receiving further information concerning the issues involved in this dispute, the Commission discussed it again in the sixth session. After going rather extensively into the principles raised, the members a reed that the Commission was without competence, since the claims of the petitioner were not founded on any part of the Covenant or the draft mandates and consti- 101 tuted ”in fact, only an appeal to the generosity of the landatory Po er." The following important rules were adopted to guide the Co uni a a ion in the future : (a) Any petition is regarded as inadmissible if it lays befo © the Cummieeion a dispute with which the Courts hove competence to deal or if its author appeals frori a decision regularly pronounced by a Court (properly constituted). (b) If a petitioner protests against an act of the mandatory Power in regard to which he has no judicial remedy, the Commission will have to consider whether this act Is in conionaity with the terms of Article 22 of the Covenant and of the mandate in question. (c) It may happen that in a legal action the plaintiff against whom the decision has been given may be duly entitled to appeal to the Commission to ask it to determine, not whether the Courts whose decision has gone against him have correctly interpreted the legislation of the laudatory Power, but whether this legislation itself is in conformity with tlie principles of the Covenant and of the mandate. (d) It is also possible that the absence of legislation on a given matter iay render a petition admissible if the principles of t e Covenant and of the mandate colled for such legislation and if the Mandatory’s failure to legislate on this point may have the result of depriving a petitioner of rights which he could legitimately claim Linder the terms of the Covenant or the mandate. So the Commission, while having immediate contact with the administrators in the territories, has only indirect relations with the inhabitants. It has no authority to resolve itself into a commission of enquire and to conduct an investigation on tire apotj~°s it cannot review complaints by examining witnesses or verifying statements^ 02 * in the language of the Marquis Theodoli, H The Mandates Commission knows on y the mandatory Power. The attitude of the Comic sio t respecting its relations with the mandatories wa > clearly stated in its eighth report to the Council. *The task of the Commits ion, H it said, h is one of supervision and coSpera -ion. It * • is its duty, when carefully examining the reports of the mandatory Powers, to determine how far the principles of the Covenant and of the Fiondates hove been truly applied in the administration of the different territories. But at the same time it is its duty to do the utmost that lies in its power to assist the mandatory Govern ents in carrying out the important and difficult tasks which they ae accomplishing on behalf of the League of nations, and on which they render reports to the Council.** The work of the Commission is consistently conducted in the spirit of collaboration. Hie Chair win, the Marquis Theodoli, frequently reminds the members and th© official representatives of the mnd ato ry powers that they have a mutual task to perform, which should be accomplished in an atmosphere of complete confid nee. Thus, in the examinatl n of a report during the seventh session, “The Chairman hoped that the Administrators of Samoa as well aa the Administrators of other mandated territories would carry back the impression that the object of the emanent Mandates Commission was not to interfere with their work but — quite the contrary — to cooperate with them. Occasions 7 ly, perhaps, it entered into too great detail and, by reason of the great distance which separated it from the mandated territory in question, made it difficult always, in the first instance, to comprehend certain aspects of the question it examin'd, but in the final resort its cooperati n always resulted in the achieve, mt of an undoubted advantage in the performance of a common Ihe representatives of the mandatories in general have acted in full accord with tills doctrine. the time when the ondelewnrtz case was pending, for example, Mr. Hofmeyer, the official representative of South-Africa, declared: “In South Africa we are not timid or nervous about any expression of opinion on the part of this Commission or anyone connected with the bo tie on the work ee are doing in South- .ost Africa. We look upon the Commission os a eo-worker in connection with the important duties we have to perform in South- est Africa, and we welcome with the greatest respect any resolution of the Commission which is of a constructive character and which will help us to improve on the methods 108 we are adopting in connection with the difficult task we ha e to perform. M At a later meeting of the same session, Mr. Hofmeyer remarkedi May I say, speaking on behalf of the Union Government, that we are anxious to please this Commission ano the council and Assembly of the League? — and tne sympathy and support of this Co mission in connection with our wont in South post Africa la absolutely eai ntial to our succ sa. Certain pronouncements already made by thia Commission on important matters have helped much to clear toe air, and closer relations would assist us still further*... ... |y object is to create, if possible, complete understanding between the mandatory Power and this important body, which has to watch over us in the performance of our functions in South- West Africa. It will create immediately letter stable conditions for all concerned, Europeans and natives* Such expresses fairly the attitude which the mandatories have taken officially toward the Commission. They regard themselves as partners in the accomplishment of a common work. Only in one or two instances can one detect the slightest 110 inclination to deviate from this point of view. Ihe Commission is able to accomplish its purpose largely by means of the intimate relationshi a built up with the actual administrators in the respective territories, who are present when the annual reports are examined and with whom the problems arising in the mandates are fully and frankly dia-111 cussed* The Commission hag expressed much astisfaction with the way in which the mandatories have aided its work by sending their chief administrators 112 to its nestings. It has thus been able to exert its influence upon then to insure the observance of the ter is of the Covenant and of the draft mandates. by securing a wide circulation of reague literature, especially the minutes of the Conalssion, among the nuneroua officials on the epot, it has 115 brought the entire regime of mandates under tho sway ox its authority. The Comaisaion never allows the mandatories to forget that its authority rests on 114 a definite legal basis, as likewise do their obligations. But the sanctions which it employs are such as the present status of international law will allow — Conference, discussion, persuasion, publicity. The entire system is built upon the confidence that states will perform their duties as agreed. Whatever the ultimate outcome may be, nothing has yet happened to justify the belief that the mandatories intend to act in bad faith. s* statement of de Calx," Secretary-General of the High Commissariat of Franco in Syria, on the evil effect which the dis-.lacing of local authority would hv© in Syria. Bth. Seas., 64. 90* Sec Chapter IV for nature and extent of control of the Co.mission* 91. As wien it raised the question of hearing petitioners in person and submitted the new questionnaire for the use of mandatories in making heir annual reports* Jee Chapter X. Other members of the Commission seemingly concur red . . linutes.il th. Hess., 26-2 J. Though at times it may nave n eared that the Coatis too fur into retails in its investigations. Cf. Ibid., Sih. Seas., 157*58. 94. 1922 Rapport du Togo, 225♦ B. L. Buell, The Jative Problem in Africa, 11, for account of this affair. 95. Minutes, 4th. Seas., 140 96. Ibid*, 11th. Sess., 91,250. 97* 1226 Rapport du Togo, 192-96. 98. Subsequent pet it ions were turned down because the issue was res judicata and could not b© reopened unless now and essential facts were alleged. jinnies’, 15th. 3esa., 157-58. 99. SBid., 124-29. 100. 1 iinuteg., Ata. Seas., 101. Jess., 162-65, 181 102. Mlnutoa, 6 th. less., Numerous petitio a have been rejected because they have raised issues over which the Com lesion has no jurisdiction. Of. minutes, 10th. Seas., 189-91 J 12th. Sees., 204-05; Seas., do held in reference to the Bondelswart£ case. Th® mandatory is charged with local investigations, but tie Comini a ion my pass u on their adequacy. Ibid., 3rd. Oess., 115-16 104. sir F. Lugard in ibid., 4th. Sess., 178*79* 105. Ibid., std. Se :s., I'ls-16. The problem of hearing petitioners personally and of conducting inquiries on the spot is discussed in Chapter X. 106. ; Inutes., Sth. Seas., 200-01 107* Minutes, Bth. Seas., Duringthe same seas on M. d*Andrade stated that th® real work of the Commissi n was "to receive and to examine the annual reports oi the Mandatories and to give the Council its advice on all questions relating to .te execution of the mandates. As had often been said by the Ohairuan of the Commission, the latter endeavored to fulfil Its task in a apt it of collaboration with the representatives of the mandatory Power, who, he was happy to emphasize, had always taken into consideration to the largest extent the reco mendations formulated by the Commission." Ibid., p. 108. dinutes, 4th. Jeos., 42 109. Ibid., 4th. Sosa., 49-50 110. Thus, 3ir JgßTies Parr, High Commissioner for New Zealand, declared that *Hia conception of the relationship between the tiandates Commission and the mandatory Governments wag one of partnership. There should be, and there would be between than, so far as he was bble to control the matter, complete frankness and candor and a disclosure of all the facts with regard to the territory in quest Lon. " ibid., 15th. Sees., 91• For similar expressions, see ibid., 9th. dess., 10y, 128 j 11th. Hess., 25. 111. See Chapters IV-IX. motion desired. Ibid., sth. W , B th. Jobs., 1 5> 40. however ° BSeB- au9aUon * aB, »d tV Grabers of the Coi lilsalon are regularly ESr.5 x.assrsM -—— - —»* -* = 112. 1 jinute 8, 0 th• Sees« > 14; ibid., 9th. Sosa., 216 115* The Chief of the I andates Section of the Secretariat noted in June, 1927 that nearly all the nwndstory powers had ’’already asked for a certain number of copies of the Minutes of the Conaission and other docuienis relating to the mandates s stem for this purpose. 13 I Lid., 9th. .Jess., 11. The Council had previously approved the request of the Commission that League documenta be thus distributed. 1925 official Jo No. 10, 114. Of* minutes, 6th. dess., 58-59 J 10th. Seas., 164-/2? 12th. Coss., 95* CHAPTER III ORGANIZATION AND PROCEDURE OF THE PERMANENT MANDATES COMMISSION 1. ESTABLISHMENT OF THE COMMISSION. ®ILE Article Twenty-two of the Covenant of the League provides that a H pemanent Commission shall be constituted to receive and examine the annual reports of the Mandatories, and to advise the Council on all matter© relating to the observance of the mandates,” it does not aay how the Commission should be organized, or what its composition or powers should be. Fortunately, this lack of def in it one as did not prevent the Council from taking timely steps to establish thia essential agency and thus to put the system-of mandates definitely into operation. The basis of the Council’s action was the report of M. Hymans of August 5, 1920, in which he said: (1) It is desirable, in order that the Commission should have proper information, that it should include amongst its members a delegate from each mandatory* Power. (2) The objection has been raised under these oircmstances these Powers would be both Judges and parties; the answer to this objection is that the commission will not judge, but is called upon to make recommendations; more ver, it would be easy to lay down that no member of the Commission should take part in a vote upon a report from the State or Empire which he represents. (2) As it is, however, essential, in order to ensure the impartiality of the recommendations made by the Commission, not to give to the mandatory Powers the right of expressing a judgment on the fashion in which each of them has carried out its Mandate, the Commission will be completed by asking other members superior in number to those nominated by the mend a or/ Powers. How should these other members be chosen? I propose that they should be appointed by the Council. The Council would appoint a certain number of private individuals, who would bo instructed to sit upon the Comaission as lembera, and to examine either some or all of the landstes. Ties® persons should not belong to any States already represented as mandatory Cowers. Recourse would naturally in the first instance be had to the experience of Nationals of Colonial Powers which are not iandatories. In such a fashion the Council would be able in a large measure to give satisfaction to the desire expressed by the Dutch Government and conveyed to us by the Secretary-General. 1 It will be noted that M* Hymans emphasised tho desirability of both mandatory and non-mandatoiy nations being represented on the Commission, with the latter predominating; also he insisted that it should be non-partizan and expert in character. In a second report made on October 28, 1920, he set forth hie proposals cone owing the Commission in greater detail, as follows: I. 'The Mandates Commission provided for by /article 22 of the Covenant shall be composed of fifteen members. Ihs mandatory Powers — Australia, Belgium, France, Great Britain, Japan, Hew Zealand, South Africa — shall each have the right of appointing one members the reiaining eight mem ere shall be elected by the Council from amongst candidatoe put forward by non-mandatory States belonging to the League of Nations* These members will not be the representatives of their Governments! they will be ciosen by reason of their standing and qualifications. 11. No member of the Commission may take port in a vote relating to a report presented by the mandatory ower which he represents. Ill# Members may be assisted by not more than two toclmlcal advisers who shall not have the right to vote. IV. The Commission shall sit at Geneva. V. The members of the Commission ahhll receive an allowance of one hundred gold francs per day during their meetings! their travelling expenses shall be paid. VI. 'lhe expenses of the Commission shall be borne by the League of Nations# with the exception of sums paid to representatives of mandatory Powers, which sums shall be repaid by the latter Powers to the Secretariat. 2 These latter resolutions became the subject of discussion by the Council in its meeting of November 14, 1920. In favoring a large body composed of fifteen members, as M. Hymans had suggested, the Secretary-General of the League declared that a smaller group would have difficulty criticizing the administration of the territories and that their perso al responsibility would be greater. The Commission, he said, should be so constituted as to carry out a positive work of cooperation in all that concerned the wellbeing and progress of the regions placed under mandate. M. Hymans emphasized the need of including members from states not having any direct interest in tho que tiona to be reviewed but having special experience in colonial affairs* Mr. Fisher, th® British representative on the Council, and M. Tittoni, the delegate from Italy, were of the opinion that it woaid be practical to reduce the number of members — for example, to five. The French delegate, M. Bourgeois, thought that the principal question me whether the mandatories should be represented when the Co’.mission investigated their administration of the territories. He said that the presence of representatives from all the mandatory powers in the meetings of the Comission would assure a consistency in th© jurisprudence which it would evolve, would supply the mity in its decisions necessary to give them their essential moral and legal authority. He therefore proposed that tile mandatory powers should name throe members of the Co mdsgion, the non-mandatory powers four, and that one of tho three should represent the mandatory directly interested in the deliberations of the Commission. After further consideration, the Council decided during its meeting of November 26 that the Comission should consist of nine members, the majority of whom should be nationals of non- mandatory powers; that all the members should be appointed by the Council and selected for their personal merits and competence; and that they should not hold any off ce which would put 4 them in a position of direct de endence on their Govemaente. ft was thus determined that the Commission should be an expert body, having no political attachments which would hinder it in performing its tasks in a thoroughly impartial manner. As Stoyanov sky has remarked: Il ©st certain quo V impartiality dea avia de la Commission permnente des mandats est mieux dans la decision du Cons©ll, grace aux deux mean res prises & cot effet? 1) nomination de tone les membros, sans distinction entre les ressortissonts des mandatairoß et ceux des non mandatnires par le Conaeil; 2) incompatibility ©ntre la qualify d© merabre de la Coni 3si on permanent© des mandats et cell© de I’onc tionnaire. I? independence des membres de la Coiwiisaion permanente des mandat® vis-a-vis de lours lours geuvemtments respeciifs — aurtout quant il s’agit des mandatairos — cat, on effet, one garantie indispensable de leur impartiality. Car, si la nomination des rec sort tenants des mandatairos, a la Commission permanent© des mandats, avait laiasy© 1 lours gouvemomenta rospectii’s, et si nueme ©space d’incompatibility n*avait eM pr<vu©, les mmabres de la Co mission, repryaentant les mandat ires, sera lent tout s implement dos f one tionna ires de lours miniate res reapectifs des colonies; la Commission permanent© des mandats ne repand rait auro ient pas a son but, car I*esprit de juste critique lul feralt dyfnut. Les repHhentents des mandata ires au sein do la Co raission no pourraient, on effet, quo los m4thodee adoptees par leurs a ipericurs hMrarchiques ou par eux-meries, dans leurs ministeres, 5 sans pouvolr toujoura distinguer si ©lies sunt bonnes ou mauvaises. At its meeting of November 29, the Council adopted the n Constitation of the Permanent handates Corias ion, 8 regulates the organization and procedure of this body in their broader aspects# Besides determining the number of members and their qualifications, as explained above, this docu ont further provides that the International Labor Organization shall be all wed to send a representative to the meetings of the Commission, who may attend in an advisory capacity and participate in the discussion of labor questioner that the mandatories shall send their annual reports through duly accredited representatives, who will be prepared to offer such additional Information as the Com les ion may request} that each report is to be examined In the presence of an authorized representative of the mandatory power from Which it comes and that he shall be allowed to take port freely in the discussion; that at the end of the discussion, th® Commission shall draw up its observations on the report, which shall be communicated to the representative, thus allowing him to add any comments which he may desire} that the reports of the |sandatory powers, along with the observation-. of the Gourde ion and those of the duly authorized representative of■ er-ch mandatory sending a report, shall be forwarded to the Council; that the Commission my hold plenary meetings to discuss matters of common interest; that the Commission my regulate its -6 own procedure subject to he approval of the Council; that it shell sit at Geneva; that it ; nay summon technical experts to act in an advisory capacity on all questions relating to the application of the system of mandates; that the members shall receive an allowance of 100 gold francs per day during their meeting® and that their traveling expenses shall be paid by Vie League, Tho next task for th© Cowie 11 to perform. was the selection of membora 6 of th© Co mission who would moot the required qualifications* At ita meeting of February 22, 1921, after carefully surveying the field to ascertain the character and ability of the lost likely appointees, invited the following to become members of the Commission 1 J. B, ?. Beau, of Framed former Gowemor-Genoral of Indo*€;hina and fomer Ambassador of France to Berne; Fme* A, Bugge- Moksoll* of 'Sweden, Doo lour en bruit; hr- i. Caasron of the United Jtatorii former Governor-General of th® uhilippinea; D* A, Freire d* Andrade, of Portugal, former Governor-General of Mozambique and former Minister of Foreign Affairs; Mr. W. G. A. Ormsby-Gore, of Great Britain, member of the House of Commons; M. Pierre arts, of Belgium, former Secretary-General of the Ministry of Foreign Affairs; M. D. F. W. Van Rees, of Holland, former Vice-President of the Council of the Dutch East Indies; the Marquis A. Iheodoli, of Italy, former ,nder-3ocrotary of State and Minister of Colonies; and M. Kunio Yanaghita, f Japan, former Secretary General of 7 the Chamber of Peers* All of these agreed to serve, except Mr. Forbes, who declined because he had previously agre d to undertake a mission for his 8 government in the Philippines. His place was taken by M. Raman Pina, of S ain, former Under-Secretary of State in the Ministry of Foreign Affairs and former Ambassador to Rom. The Co mission has undergone a number of changes in personnel; likewise its membership has been enloiged. In 1922/U Ramon Pina resigned to take a position in his Government and was replaced by the Count de Ballobar, also 9 of Spain, former Consul to Jerusalem. Ormsbys-ore resigned his seat in 1925, end the Council appointed Ln his stead Sir Frederick Lugard, of Greet 10 Britain, former Governor of Nigeria. In 1924, Count de Bollobar and M. Yanaghita resigned and were replaced respectively by M. Leopoldo Palacios, 11 of Spain, Professor in the University of Madrid, and by M. Chyuki Yamanaka, 12 of Ja an, former Counsellor of Embassy. Iho position of M. Beau, who died in 1926, was taken by M* Mortis! Berlin, of France, former Governor-General 15 of Indo-China and Honorary Governor-Gen ral of the Colonies. (n 1924, M. William E. mppard, Director of the Man atea Section of the Secretariat, was named Vice-Rector of the Uhivarsity of Geneva and tendered his resignation 14 to the League. The members of the Ccmmtsa ion expressed their appreciation 15 of his able services and sought to make his assistance available in the future. Hie Secretary-General of the League was informed that the Co mission desired to see M. Rappard become a member, since he had agreed to do ao if the place •4 f - were off© ed to him. The Secretary-General suggested that the question of 16 increasing th© membership should be token up with the Council. A letter was therefore drafted by the Chaiman of the Commission and sent to the Council, stating that the Commission hod not forgotten that the number of members was lim ted by its Constitution to nine and that it would not ordinarily favor augmenting its size. The Commission, however, urged that M. <appard, because of his peculiar fitness and hia willingness to serve, should be named an “additional member” with the right to speak and vote and otherwise exercise 17 the prerogatives of a member of the Commission. *3llO proposal was acted on by the Council in its meeting of December 11, 1924 when it declared M* Rap pa rd to be an ”extraordinary member“ of the Commission, adding, however, that this 18 should not constitute a precedent. jn June 16, 1927, the Council discussed the question of adding a 19 member of German nationality to the Commission, and requested the Commission 20 to give an opinion on the matter. After lengthy consideration, the Oommie- 21 sion decided that there was no “technical objection” to the proposed appointment. i ’ 22 On September 9» 1227, the Council appointed Dr. Ludwig Kastl to the Co miles ion, 25 and he began his duties with the opening of the twelfth session* The resignation of M* Yamanaka and the death of -W. Wicksell led to the appoint of M* Nobmichi Sakenobe, of Japan, and tile. Valentine Darmevig, of Norway, to 24 take their respective positions. At the time of the thirteenth session, the Comicsion was composed of the followings The Marquis Iheodoll, oi Italy, Chatman? M. Van Rees, of Holland, Vice-Chairman; Mlle. Valentine Da inevig, of Norway? Dr. Kastl, of Germany; Lord Lugard, of Great Britain? M* Merlin, of France; M* Palacios, of sp in; M. Rappard, of SwiVorland; M* Sakenobo, 26 of Japan? M. Freire d* Andrade, of Portugal; and 1. Orts, of Belgium. It will be noted that four of the members are from mandatory states, while seven are from non-tiandatory states. 1* 1920 Official Journal, No, 6, 559 ff* The Dutch Government had suggested that it would be™glad io have a representative on the Co Isaion. Portugal showed a similar interest. 1920 official Journal, No.? s 441*45 2, Thea© proposals were made on the basis of a memorandum drawn up by the Secretary-General of the League, 1920 ibid., No. 8, 50-51 • 3» of the Uouncil, 5-6 Minutes of flth. Jess. of Cornell, 14 5. general© des mandate int emationaux, 154 ■ -X* aQ ' • Aii© decani t will be found in Annex 6. It has be n amended by increasing the membership of the Co mission and by reducing reman© rot on from IX to /O gold franco. 1922 ibid.. No. 1,88 Only members of ministries are oxolud.d from the Commission irrwuse of dependence on their Government. tr. Qtt»,by~Gorw sewed whils he was a member of Par lament; r. Ra pa rd and 1. Palacios are university professors. 1921 flieial Journal, Jo. 7# W. 8. For Ur. Forbes’letter rejecting the appointment, cog ibid, 644*45. Because of her unwilli gness to participate officially in League activities, the United Sta os has no member on the Co emission. 9. 1922 ibid., No. 7, 790. io. 1925 TEH., no. ;, 208 11. 1924 Ibid., No. 7. 915 12. 1924 Ibid.. Mo.lo, 1299 15. 1926 ibid.. No. 4, 510 14, P.M.C., inutes, 4 th. Sees., 13 15. Ibid., 16. Xbid., Sth. Seas., 149 17. 1925 Official Journal, No. 2, 234 18. Ibid.,' 143. M. Rappard has served as a member of th© Co mission sine© its sixth session, beginning in June, 1925. P.U.C., Minutes, 6th. 3©ss., 4 19* This step was occasioned by Germany* a admission to th© League, Sept . 1926. 20. P.M.C*, Minutes, 11th. 3ess., 11 21. Supra, Chapter 11, Sec. 5. 2. RELATIONS OF THE COMMISSION WITH OTHER LEAGUE ORGANS: COUNCIL AND ASSEMBLY It has been pointed out that the Cornell 10 the agency having legal control over mandatories and that the Commission is essentially an advisory body, whose function is to examine the annual reports of the powers and to give the Council the benefit of its opinion on the various quest ions arising ■ * 2 7 in the administration of the mandated territories* Under these circumstances, it is quite logical that the relations between the Commission and the Council should be very close* It was the Council which established the Commission, deteminod its character, named its members, sanctioned its procedure, and 29 set it on its curse. the Council has subsequently exercised wide authority in determining the composition, powers, and methods of work of the Commission. As above mentioned, the Council has amended the Constitution of the Commission, enlarging its membership and changing the remuneration of its members. The Council approved the by-laws adopted by the Commission, which regulate procedure 29 • 50 in detail, and ratified amendments which new conditions warranted. It also accepted the questionnaires drafted by the Commission to be used by thia 51 mandatories in making their annual reports, but rejected the more detailed 52 questionnaires drawn up by the Commission at a later date. Its members llke-55 wise denied the competence of the Commission to make enquiries on the spot. The Council extended the authority of tn® Commission to allow it to receive petitions from inhabitants and from outside sources and regulated Ihe procedure to be followed. It has from time to time assigned th© Commission special 55 tasks to be performed. The Council reviews the observations made by th© Commission on th© annual reports of the mandatories and takes the action which it deems appro-56 priate. Ihe custom is for the Chairran or Vice-Chaiman of the Comal as ion to be present men the Council deals with the subject of mandates and to take 57 part freely in the discussion. Share is no strict separat .on of powers in the organization. A division of of course, is respected; but the 58 members of all agencies cooperate in the accomplishment of mutual objects. In disposing of the report of the Commission,.the Council usually expresses its thanks to the Commission for its careful work, draws the attention of the mandatories to general and special problems arising in their territories and asks them to take the steps suggested by the Commission to effect a solution, requests that administrators furnish information needed by the Counission on stated matte rs, or seeks the opinion of the mandatories on matters of principle 59 and of detail. In this manner the Commission acts os the agency to give 40 legal sanction to reco emendations mads by the Commission. 41 It is agreed that the Council can enlarge tn® powers of the Commission. tsoy It also contract them, and, if so, to what extent? Is the Commission entirely subordinate to the Council? Thia does not appear to be th© case. The Cos oiasion is nuthorized by th© Covenant or the League and it is empowered to examine the mandatory reports and give its opinion hereon. The Council clearly would have no authority to abolish it or to deprive it of the authority thus imposed. As M. Van flees has explained: Sans dout© appartlent-11 au C nseil d© fixer la procedure aulvant laquelle la commission aura a aceomplir sa tache, co qui, d’ailleurs, a 6t6 fait par en 1920# de la ’’Constitution de la Comiaaion permanent© des mandats.” Male 1© Conaell n’a le pouvoir de modifier la mission que lea tomes m&mea du Facte asaignent a la Commission. Il pourra 61©rgir cett© mission s’il le jug© o portun, comae il I 1 a fait a plusieurs reprises on c aarg© an t la Commission de travaux particullers; il ne pourra la restr®lndre sans porter atteinte au Facte lul-memo. Ihe Assembly exercises only * secondary control over the activities of the Commission. It had some influence in determining the coposition and 43 duties of the Comission , and ha a since made suggestions in relation to 44 mandates, but it ha a dealt with the subject in an incidental fashion only* ♦ It pays some attention to the work of the Coan is s ion when the annual report of the Council is wider review. Member® of the Co .mi® a ion are regularly in attendance at the Assembly meetings when it takes up mandate questions, and 45 they usually address it on matters of current interest. The Sixth Commit tee of the Assembly introduces resolutions, which are ordinarily adopted without 46 amendment and frequently without extended discussion. These usually convey thanks to the Commission for its seal and impartiality, reco ;mond that the mandatories find solutions for the problems pointed out by the Co mission, and 47 ask tha additional information desired by the Commissi n be given. 22. 027 Official Jo rnal, N©. 10, 1152 ?5* P- M. 0., Minute®, 12th• Seas., 10 24. 1928 QfficXal Joto lio. 7> 961-62; P. .0., Minute®, 15th. Seos., 10 25. Sir F. Lugard became Lord Lugnrd early in 1928. P. UC., IJinuteo, 15th. Seas., 10. 26. Ibid., 9. The two members named last did not attend the lsth. session. 27. Supra, Chapter 11, Sections 4 and 5. 28. Hie President of the Council made the opening address and organised the Commission. P.M.C., rinutes, Ist. Seas., 1-5 19?~2 Official Journal, No. 1, 88 50. Jess., 1928 Official Journal, No. 10, 1448-84 for amendments to rules' of rocedure. 51. 1921 Official Journal, Nos. 10-12, 1127-52, 1124-27. 52. 1926 1255-54. 55. See (£apter X. 54. Official Journal, annex, 493-500. For summary of procedure on petitions, see P.J.677*Minute s 7 176-78. 55. To cite one example, th© Council appoi ted the marquis Ihoodoli and two of his colleag ea to study the problem of national status in *B” and territories and report its findings. 1/21 official Journal, Nos. 10-11,1155* 56. The action of the Council is reviewed" briefly by~th Chairman or Vice-Chairman at the beginning of each session of the Commissi n. Ser ?.M*C*# Ninutes, Ist. dess., 2 5» 2nd. Seas., no comments; Sess., 7> 4th. Seas., 7-8; Bth. Seas., 75 6th. Jess., 5; 7th. Sess., 6; Bth. Seas., no comments; 9th. Jess, 7-8; 10th. Seas., 10; 11th. Sesei, 10-11; 12th. Seaa., 11; 15th. Seas.,ll. At its third session, the Co mission decided to have its Chairman or Vice-mairmn represent it at the Council meetings. Minutes, Ness., 208. 58. During the first session of the C®nmisalon, the Chairman urged the members belonging to countries represented on the Council to get into touch with their country-men nd discuss the Commission’s observations with them.* ijinutes, Ist. Jess.# 48. It is a function of the Council to defend the Commission before the Assembly. Ibid.# 5 rd. 160 59* See Annex 8 for report of Commission and action taken on it by Council. 40. On tais point, see Chapter 11, Section 4. 41. It is doubted that the Council can extend the Co nniasiorte competence to political questions. Ibid,, 11th. Seas., 153-57, 200. 42. kea mandata intema t lonaux, 41; see also page 75• 2a. RELATIONS OF COMMISSION WITH LEAGUE SECRETARIAT The Mandates Commission hae very close relations with the Secretariat of the League. One section of this latter organisation oxlsta to give the Commission necessary clerical aid in performing its duties. Director of the Mandates Section, M. Ra pard briefly explained tae work of his staff as follows: fi ...tho duties of the Section over which I hove tho honor to preside are of a twofold nature: on the one hand, it ha • to act as a Permanent Secretariat for your [the Permanent Mandates! Co mission*. .whose duties impose uon its members constant vigilance? while,on tho other hand, the Section forms an integral part of the Secretariat of the League of nations, and, as such, nust assume its share In the common burden and act as an organization for the preparation and carrying out of the work, for the Council and 48 the Assembly, with regard to all matters dealing with the question of mandates.” 'The staff of the Mandates Section is appointed by the Secretary-General of th© 49 League on the authorization of tho Council. V. Cataatini Is the acting Director, nnd, following a precedent established by ID Hspperd during the first session of the Commission, attends all of its meetings in.person or by pro2?y — sometimes r. Gilchrist or some other mmb rof the lection is prosent — and 50 collaborates Ln all work that is being done. The Secretariat note 03 a central clearing house of information on the subject of mandates. To it are dispatched the annual reports of the mandatories; it likewise receives all legal documents bearing on the administration of the territories. Jxeso are kept in the library of th© Secretariat and are available 51 at al times to members of the Commission and of other League agencies. At the beginning of each session of the Coxilsaion, the Director indicates which reports have been received, the time when they wore due and the time of their 52 arrival. " special dispatches from the mandatory powers, coimmicatlonß fi'om 53 ' petitioners, ' and messages from members of the League are cent to the Socro-54 tariat and through it find their way into the hands of the Com.iasion. In like the secretariat collects all possible non-official materials on the question. During the first session, the instructed I. Peppard to ”acquaint it with what was written throughout the world on the subject of the institution for the supervision of which it has aesunod responsibility 53 on behalf of th© League of national Xn discharging this task the Section has i materials from all sources — newspapers* magazine©* parlia* mentaxy minutes and journals* official reports, and books — and has edited this material, making it readily available to the members of th© Commission* The data thus co looted ax*e distributed in the fom of dossiers, containing clippings, documents, and the like. An indication or the work regularly done may be g ven by quoting some of the remarks of the Director made during the fifth session of the Conmissioni Since last June, we 8 v© transmitted to the members of tie Co mission, in three separate a selection of official documents and unofficial reports, regarding the application of Article 22 of tho Covenant of the League of Nations. As always, we endeavored to form these dossiers with the greatest possible impartiality, in order that th© Co mission might be Informed of the decisions taken by the mandatory Powers and also of 'the co monta of kirkl called forth by their administration in various quarters, both in their own countries and abroad. Vhllst careful, not to averwhelm you with an unduly mass of reports, wo have been at peins to include everything of real value. Thia service rendered by the Sec etarlat has been invaluable in Keeping th® Coaialsaion In continual touch with world opinion on the subject of mandates and giving it an intimate knowledge ox’ actual conditions in the various territories. It likewise has relieved the members of the Commission of much laborious end detailed study by presenting the essential facts gleaned from a wide survey of publications. Th© staff of the Mandates Section aids the Comics ion by compiling and arranging statistics, legal revisions, decrees, and other information necessary in the conduct of its duties. For instance, the Section has dram up docmei ts covering the action taken by the mandatories with respect to the liquor traffic, ox-enemy property, general and special international conventions an lied in tho mandated territories, land tenure and state domain, 57 education, and questions of similar interact. It has emnariaed the decisions 58 of the Council and the Aasmbly on the subject of mandates? in like manner, it has suns rived the Important action taken by the Commission from session 59 to session. ' It regularly aids the Qaamission in making pre-Imino ry drafts of official docum nts to be adoptedi thus, it drew up the mien of roeedur© 60 of the Commission, which were modified and approved? outlined idle questionnaires used as a baa io f the mandatory reports? and has subsequently 62 sketched the reports of the Caimis sioi to the Council. The Secretariat perfoms the important task of translating documents into ng-ish and French, a task which has been accomplished in a manner to call forth the highest praise 65 . 64 of members of the Co mission* It prepares catt&nlques to the press, and attends to the printing of the Minutes and Reports of the Commission and, since 1924, to the reprinting of the official Reports of the mandatory powers, when 65 such reprinting is found necessary or desirable. Hie Commission, it may 66 be concluded, leans vexy heavily upon th© Secretariat. It urged the Council at the time of M. Rapps rd 1 s resignation to use great cere in tine appointment of his successor, declaring that it considered ”a strontly organised Mandates Section to be an indispensable and essential part of the machinery for tho 67 carrying out of the work of supervision which is entrusted to the Commission." Ihe Corneil acted favor ably” onthe suggest'.on of the Assembly that th© Commission should contain at tenet one wanan. Reo ord a , First Assembly, Plenary Meetings, I, 725. 44* Notably in the Bondelsmarts case. See Chapter 11, Section 4b. 125-50 47. AppendSjT^for report of Comission end action taken by Assembly on it. Each year the work of tho Assembly affecting mandates is briefly reviewed by the Commission. Supra. note J 6. » 2nd* doss., 5-6 49. Ibid., 3rd* Wsa., 11 50* > Ist* :e®s., 4-7 • But he doos not vote or engage in discussions of prineTpTe7 His efforts ore confined primarily to matters of procedure. 51. Of. ibid., 2nd. Tess, 6j 3rd. Sees, 11-12; 6thi Seas., 7; 7th. 3eaa., 8. 52# TF is cuot-ormry for the Dir ctor to nak© a report at the beginning of each arsa on, atm arizing mtten of interest which have passed through his office. 3?i Ibld.,l2th. 3ons., ’76. a 54. 5 th. Jess* } 9; ’HI. Seas., 55. Ist. 3ess., 28-50* W 56. Xbid*7 sth. des 2. The Secretariat endec cor© to distribute such materials regularly e eh month. See statement® of m Catnstini in ibid.* 6th. Sees.* 7; Sth, Seas.* 46s 2th. seem, 8; lot u Jess.* 12j 11th. Sees., 12, 185 j 12th. Sees., 1>; l * th » 12-15. seas., 12j 6th. 3csa7, 8-9? 9th. Sees., 9; 11th. Seas., 1851 12<Tse83, 12-15. 58. Ibid., 11th. Seso., 12, 170. 59* 6th. Soso., 8-Uj 9th. Sees., 9*H* 60. ’ibid•, let. 3©ss., 7* 61. , Ist. Sees., 9 BBM:j P^d 2 ’ 4th * 3»"«» I*2j SM. se.s. 156-57. 651 Wil fttOj 9th. aess., 9* 66. The duties of the Secretariat are regulated by the Ocmission’ s rules of* procedure. see Articles 4*7, 9. Annex 9« 2b. RELATIONS OF COMMISSION WITH REMAINING LEAGUE AGENCIES. From the outset of its career, the Mandates Commission has remained in close alliance with the International Labor organization. Acting on the suggestion of M* Albert Thomas, the Director of the Labor Office, the Council decided that a representative of this organ of the League should be attached to the Commission in an advisory capacity, with the privilege of taking part 68 in its deliberations when labor questions were under consideration. U* Thomas was resent at the first session of the Commission and aided in the preparation of the questionnaire a for the M B H and tt C* territories. He offered the facilities of his Organization to the Corral salon for its free use, a 69 courtesy which has boon of value in dealing with slavery and labor problems. Beginning with the second session, the meetings of the Commission have been regularly att nded by Mr. H. A. Grimshaw, whose collaboration ii the work of the Commission has been of recognised aid, particularly in the field 1 , of labor, health, Immigration and emigration, and the application of international 70 conventions to backward territories. He has gathered data and prepared memoranda on a number of these subjects, and these have bocoine the basis of discussion 71 and of action by the Commission. Mr. Grimshaw has not voted on any formal questions which have arisen in the Comission, but he has exerted a great deal of influence because of his mastery of the subject-matter with which he must deal. The Commission has relied strongly on the services of the International' Labor Organisation, especially for information concerning labor conditions in the backward regions of the world and the methods at hand to 72 attack the problems connected therewith. The Commission has, however, always insisted that it possesses final jurisdiction over all matters concerning labor in the mandates and that it may accept or reject the suggestions of other League organs concerning the recomendations whicn it will mk© to 75 the Council and to the mandatory powers♦ The Commission has also worked with the Health Section of the League in the promotion of better sanitary conditions in the mandates. During the early sessions of the Commission, it was expected that a repres ntativo of the Health Section would serve along with an official from the labor Office, 74 but this arrangement was never confirmed by the Council or put into practice. In lieu of this plan, the Assembly on September 15 > 1925 expressed its opinion to the Council that f ’it would be desirable for all health reports presented to the Permanent Mandates Commission to be communicated to the Health Committee of the League of Nations for any recomiaendations it may desire to make to the 75 . Permanent Mandates Commission. w The Council on December 15, 1924 approved this proposal and Instructed the Secretariat to promote the interchange of the proper doeinenta. Two members of the Council, Lord lobert Cecil and M. Hanotnux were careful to point out, however, that the Medical Director of the League was not thus authorized to supersede the authority of the Mandates 76 Comiseion by co ounicating directly with the administrators tn the territories. In order to prevent overlapping of functions of the Commission and the Health Section, it ms decided that the reports of the mandatories dealing with health problems should be addressed directly to the Commission, which would send them to the Health Section for such study and recommendations as it might see fit to A special committee of experts hos been appointed 78 by the Health Section to advise the Mandates Commission on tropical diseases. It reviews the public health reports of the mandatories and dispatches its conclusions to the Commission, which thus profits from the assistance of able 19 specialists. The Legal Section of the Secretariat is another agency with which the Commission has relationships in the performance of its tasks* On several occasions, the Commission has called upon the Legal section for technical advice. During the first session of the Co mission, it requested an opinion on the rules of procedure which it was about to adopt. M. Kaeokenbeeck, a representative of th© Legal Section, attended one of the meetings and took part in a discusslo i concerning the respective powers of the Coraission, the C uncil, the Assembly, and the mandatories, and the role of experts attached 80 to the Comraisaion. During the third eeaslon, the Commission instructed the Director of the Mandates Section to consult the Legal Section on the status 81 of ex-enemy property in the mandated territories, and it prepared a careful brief on the subject, defining the authority possessed by the Commission with 02 respect to the estates in question. At least one other opinion has been furnished the Cunsnlssipn by the Legal Section* During its third session, the latter ask d for information on the question of land tenure, which was supplied by on elaborate, well-reaooned statement of M. Van Hamel, Director of the 83 Legal Section. Other international agencies carry on work in which the landatos Co mission is interested and in which it someth rs •' i Thuo, members of this organisation have taken part in the meetings of the Temporary Commission 84 on Slavery, organized under the auspices of the League, and have utilized 85 the data collected by it during the conduct of their tasks. They constantly rely on the Central International Office established by the Convention of I's Saint-Germain for information on the liquor traffic. They collaborate with the League Co mittee on Into lie c ual Co’doe ration, particularly with regard to antiquities.®? The Mandates Commission, nevertheless, is careful to retain exclusive jurisdiction over all matters relating to tho t orrltorieo under its control. It has refused to allow its powers to be partitioned out among the various other organs of the League — the Health Committee, the Committee on Intellectual Cooperation, and others. Its relations with them have been free and friendly, resting on the basis of comity, but it has reserved the 88 to accept or reject recommendations which they make. 6T. Minutes, 4th • Se sa. t 139 68. 1921 official Journal, No. 1, 11. See Constitution of Mandates Cooaission, (a) par. Annex 6. 69. Minutes, Ist. Sees., %-J9. 70. During the ninth session, his place was taken by Mrs. leaver, who was named as a substitute by tho Labor Office. The Marquis Thoodoli pointed out that as the representative of the Labor Office did not serve as a member of the Comniasion, it could name anyone it chose for this position. Ibid., 9th. 505a,14,20. 71. For his studies, see ibid., srd. Seas., 262-79) 4th. 3ess., 169-76; sth. 3ess., 181-85) 7th. Seas., 146-47) 10th. Sees., 164-68) 12th. Sess., 186-89. 72. For accoiait of activities of Labor Office Ln backward, seo Minutes, 12th* seas*, 136. 75« Ibid.g 11th. Sees. 17 74. ibid., 2nd. Seea., 64-65 75. TTd., 4th. Sesa., 8j Records, 4th-. Assem., Texts of Debates, 57-58. 76. TWoffioial Jo rml, No. 2, 541 77. inutes, 4th. Sees., 22. 78. Ibid./Wh* . ~ Mi; Official Journal, Mo. 4, 1567. 79. Minute 8, tjtm, Meso., 9 09a 81. WH., ?rd. seas., 40-41 82. Ibid., 5 rd. Seas., 65• 3. OFFICERS OF THE COMMISSION Article Four of the By-Laws of the Commission provide that at the close of each ordinary, or annual, session, it shall elect a president and a Vice-President frora its membership by secret ballot, who shall serve one years further, that the Mandates Section of the Secretariat shall constitute 89 the permanent secretariat of the Commission. It is the duty of the Presi- 90 dent, or Chaiman, to convene the Co; Mission in session, to direct the work of its meeti ige, to enforce the rules of order, end to announce the results 91 of votes taken on questions. This position of leabargain in the Con ala a ion has been ably filled from the beginahig s ..hsodoli, the Italian member, who was elected provisional Chairman at the first jaeetinr? of the 92 99 first session end who hag bsen reinstated each successive year. M.Van 94 Hees has likewise served from the beginning os Vice-Cho irmn, acting as 93 head of the demission in the absence of the Mrquis ’ihcodoli. Much credit is due and has been given to the regular Chairman for th' success ul manner in which he has directed the worit of the Commission. On numerous occasions, members of the Commission have expressed the wamest satisfaction with the way he has conducted the proceedings. To cite a single instance, during the closing hours of the tenth session, M. Van Rees declared hat *lt me useless to insist on how much th© Comission appreciated not only the manner in which the Chairman had presided over the discuseions but also the spirit of cordiality and good humor which prevailed, thanks.to h'm, and which had helped the Ccmiasion courageously to pursue a task which wag not always agreeable** The officers of the Caamission hove displayed unusual tact, patience, and wisdom in a curing the maximum of accord in its deliborotiong. Largely because of their prudent and decorous efforts the Commission has been able to deal nucceosfully with a number of problo io of the most do lies to 97 charactor, securing desired action without giving offense or raising opposition. « 3rd. Seas., 183 j 4th• Sess., 163-68. 34* Ibid * 9 4th. Sasa., 9. 35. TKid., sth. 3eas., 9 86. TOT., Sth. ess M 127, Wl 7th. Seaa., 209> 12th. Seas., 189,192. 87 • Ibid., 6th. Sega., 55. 88. iKid., Sth. Seea., 126 89 • For Qy-Laws, See Annex 9* 90. Ine and ‘’Vice-Chairm n were adopted during the 12th. session after they had long been used inform lly» p tautas > 12th. 3©ss., 199-200. Annex 9a. of thia study. 91. Article 1 of the Dy-Laws. 92. Minutes, Ist. Sess., 5. 95- bid., 2nd. .esc., 5; Seas., 11; 4th. Mesa., 9; 6th. Sesa., 11; 9th. Sees., 11; 12th. Dess., 12. 94* Xbid., Ist. Seos., 48 95. > d * Sess., 211; sth. Seso., 125. 96. ibid., 10th» Sees., 159- See alao ibid., 6th. S so., 146; fta. Seas., 142; Bth. Seas., I/O; 12th. Seas., 1/0; anT ecpooiolly IJth. Sees., 200-201. 97* The matter of special committees end rapporteurs is dealt witu post. 4. SESSIONS OF THE COMMISSION: PLACE AND TIME OF MEETING 98 ‘Hie official seat of the Commission is Geneva. May it meet elsewhere? This question presented itself during the fourth session. Some members desired to hold the next session in London, and it was agreed by a vote of five to 99 two that this should be done. On reconsideration, however, the members decided to follow their Constitution and By-Laws strictly and actually held 100 their fifth session in Geneva. The matter arose again during the seventh session. M. d 1 Andrade suggested that the eighth (extraordinary) session be held in Rome, since an invitation had been issued to the Cbmission to convene Were during its discussion of the Syrian problem. M. Luga rd advised caution, saying that he "had heard doubts expressed as to the advisability of discussing Syrian affairs in Rome, since Rome was We centre of the Catholic world» H M. d*Andrade replied that H if this suggestion had any basis, he himself as a Catholic would be disqualified.** M. Rappard emphasized the need of the Coo aission being free of any charges of undue influence, saying that meeting at Rome might subject it to criticism, especially since the French Administrator in Syria had been attacked by the friends of the Vatican and supported by the anti-clericols. The iiarquis Theodoli stated that it was for the mandatory power to object on this ground, and not for the Commissi n to do soj further, he protested rt with the utmost vehemence against the apprehensions which had been expressed•” After more exchange of views, the Commission decided to hold its next session at Rome, subject to the required approval of the President , 101 102 of the Council. The necessary approval was given, and the eighth session 105 was held as agreed, beginning February 16, 1 >26. This is the one instance where meetings have been hold away from Geneva. Hie inconvenience of having to transport documents elsewhere, as well as the desirability of having all necessary facilities of the League lamedlately at hand, has discouraged any tendency to convene elsewhere. But so fur as extraordinary sessions are concerned, there appears to be no legal objection to meeting anywhere the members 104 of the Commission may choose. Some difficulty Ms be n experienced in fixing a suit ble date for the sessions of the Commission. The By-Laws originally provided that an ordinary session should be held once a year, beginning the first Tuesday in August. It hoped that the Commission would thus be able to examine tue annual reports of the mandatories in time to coanunicate its observat ions to trie Council, which met shortly afterward. But thia arrangement proved inconvenient because the administrative year in the majority of mandated territori s did not permit the reports to be drafted and sc t in early enough for the Commission to give them the necessary preliminary examination, further, the administrators who were asked to collaborate with the Com i ion ion were often on their vacations at the time. During the second session, therefore, 105 it was suggested by the Chair an that sane more suitable date be determined. Three proposals wore submitted. M. Orts suggested the last part of July) IK Van Re s thought that October Ist. was the best times Mr. Orasby-Goro desired two sessions a year, one in April and one in November. July 20th. was de-106 aided upon for the third session. This date, however, was found unsatisfactory, principally because it did not allow sufficient time to complete the wo kon the agenda before the report was due to the Council. The Chairman suggested during the third dess ion that the time of meeting be set two or three weeks earlier, but h re again arose the problem of the whether the mandatory reports would be in hand by this date. It was agreed to hold one session in the s Hng, the latt< r half of June, and, if necessary, another session 107 in the autun. During the fifth session, Mme. Wicksell presented a note 108 favoring an annual fall meeting. After extended discussion, the majority 109 of the members voted in favor of two regular sessions a year, which are now , 110 commonly held in June and in Nov mber. In spite of this decision, the Commission h«a been considerably handicapped by the mandatory reports coming in late. Although the Bye-Laws provided for some time that the Comission should be put in possession of the reports before Nay 20th., the members noted during their sixth session that only one report had reached them by the appointed time, the great r nmber of those on the agenda having been received less than two we ks before the opening of 111 the session. Iha Council was requested to call the attention of the mandn , 112 tories to this discrepancy and to send their reports earlier. At the seventh session it was again found that some reports had come late. Realizing the difficulties which confronted administrators in compiling and printing their annual state wnta, the Commission agreed to allow certain of the more distant territories a re ti io; the examination of their administration could go over 115 114 to the fall session. Ibis plan was duly sanctioned by the Council, but the mandatories still appeared unable to comply with the exact wishes of the 115 Commission. At the opening of the eleventh session, the Chairwz said that rt only tire® of the reports which the Co imlasion would have to discuss during the session had reached the individual and the secretariat before 4ey 20, the time limit fixed by the Council; three had arrived before th® end of the month and two between Jun© Ist. and 10th. It was to be hoped that the mandatory Powers would always maha an effort to expedite the forwarding 116 of those reports." Although September Ist. was set as the time of arrival of tiie reports to be reviewed in the autumn session, it transpired that only 117 two of the four then examined were received in conformity with th® rule. A final amendment to tie rules of proced <re was therefore adopted, as follows: ft The Commission shall be put in possession of the annual reports concerning Palestine, Syria, Qa ruons and Togo land under French Mandate, &ngany2d&» South-iiest Africa, New Guinea and Nauru before May 20th.; and those concerning Iraq, Caraeruons and Togoland under British mandate, Ruanda- rundi, pacific Islands under Japanese Mandate and Western Samoa before Septa .ber Ist. of 1 IB each year." " Definite improvement was noted in the thirteenth session, all of th® reports, except one, arriving before the a pointed date, and it being only three days late J 4a. SESSIONS OF THE COMMISSION! ORDINARY AND PLENARY MEETINGS. At th© opening session, the Comission decided that its business should be conducted principally in secret, but that a public meeting aaould be held at the end of the session in which matters of general interest could 120 be discussed. Ihe confidential nature of the relations with the mandatories, tne desire to build up a spirit of complete confidence and candor on the part of their representatives, the realization that the work of administration could be reviewed thoroughly and safely only behind closed doors, led the U unisaion to adopt the practice of examining all reports, as well as making all decisions concerning them, in executive session. Members of the commission have been unanimous in agreeing to the wisdom of tills rule. The reasons assigned by them for maintaining it are briefly swisnarized by the following excerpt from the minutes of the third sesaiom Orta believed thet, if the ord inn sy meetings of the Commission were to be public, its proceedings would certainly bo paralysed. Hie execution of the work of the Coixiission required much tactj it must ovoid irritating the legitimate susceptibilities of the Powers over whose administration the Commission was required to watch. It was unnecessary to quote examples, but everyone would agree that certain discuss i nis which had taken place in the intimacy of private meetings would have caused some disturbance and called forth perhaps some immediate public reply if 'the Prefs had had an opportunity of hearing the echo. On the other hand, however independent the members of the Commission personally be, however great their desire to be impartial, they mig t very naturally be unwilling to cr ticise publicly the actions of their national administration, although they wo dd not hesitate. If necessary, to do so in a private meeting. Up to the present, each member of th® Commies ion had always expressed his opinion without reticence and with complete freedom. To make the discussions public would be to the detriment of the very purpose of the Comisaion. In practice, it would be very difficult to suspend a public meeting end to announce that the Cemission wild go into private session in view of the unexpected trend of the discussion. u. Beau emphasised the Importance of the agruments brought forward [in favor of secret proceedings]. systematic publicity would endanger the sincerity of the discussions, not only of the questions put but of th© replies which were made. If members spoke in public, there would no longer prevail the friendly atmosphere in which th© Cq-mlsslai habitually worked. The public would take literally certain expressions which some tiroes went further than the intention of the speakers. Between colleagues this would not have any grave importance, and the n©oeanaxy corrections could be made in the Minutes, The presence of the public, however, would frequently tend to distort the son©' of the discussions of ths Commission, of which the Commission endeavored to render th© exact tenor in Its Minutes. Nevertheless, the Commission has at no time loot sight of the valuable sanction wiidri publicity gives to its proceedings. This is achieved, not by admitting outsiders to Its ordinary meetings, but chiefly by oomimiquda to the press, wnlch suimarizc from day to day the work undertaken and accomplished. Only swell Info motion is given out as appears desirable, public interest thus being 122 maintained without the result of undue interference by private Individuals• As & geneml rule# only the representative of the mandator? whose report Is under review be present at the time. During th© second session the question arose as to whether the representative of another state might attend* 3ir Joseph Cook# High Co mi sb loner in London for Australia# who was representing his Government befo e the Co mission# indicated that he might desire to hear the discuesion of the Japanese report# mis led to the adoption of the following rule, which has been consistently followedt "The general principle that the representatives only of the mandatoiy Powers concerned should be present when their mandate is under discussion is accepted by the Commission. Nevertheless# the Commission reserves its right, should occasion arise# to discuss the question of the admission of extr neons representatives, on the understanding that ouch representatives shall on y bo od ilttod with 125 the consent of Vie mandatory Power concerned.* In one or two cases, it has been found desirable for the representatives of two powers to appear jointly before the Commission in tho consideration of a common noblem. Thus, during the fourth session, Mr. Ormsby-Gore, who had meanwhile become an official in the British Government, and U. Duchene, the accredited representative of France, participated in the discussion concerning delimiting the frontiers of the mandates held by their respective countries in West Africa, as well aa attacking the problem of spirituous liquors by establishing uniform import 124 duties. ' During the ninth session, Captain J. A. Carrodus, Secretary of the Home and Territories Department of tho Australian Govern lent, who acted as an assistant representative for his country when th® rep rt on New Guinea was examined, was allowed to attend a few additional meetings in or er to gain a full understanding of the methods of tie Commission and its r< quire uents. 'Phis permission, of course, was granted subject to concurrence by the manda-125 tory powers whose reports were being reviewed. As originally adopted, the By-Laws provided that The Commission shall hold a plenary meeting in the presence of all duly authorised representatives of th® mandatory Bowers, when it has ado ted the final terms of its observations on all the reports which it has examined. This meeting aha 1 ! be public* If th© majority of its members so desire, the Commission may take advantage of the presence of the duly authorised representatives of the mandatory Powers, to bring before them all matters connected with the mandates which, in its opinion, should be submitted by the Council to the mandatory powers and to the other members of the Lea ue. Ihia arrange.lent proved impracticable at the very outset. The first plenary meeting was held during the second session for the purpose of discussing conditions in certain of the h C H territories. Representatives of New Zealand, ■ ■ ■ • • $ J , - ■ ■ ■ ■ Australia, and Japan were present and participated. ihe Chairman opened the meeting by summarizing the ooncl sions of trie Commission respecting the adminis- I . tration of the respective territories. In the course of his remarks, he raised > the question of Aether the Australian Gcvcnunmt did not, Ln fact, violate the spirit of Article Twenty-two by reserving to itself the exploitation of the phosphate deposits in Nauru. Sir Joseph Cook, the representative of Austrails, publicly took exception to the insinuations of the Cctwieslon, and was joined by Sir James Allen, of New Zealand. Hie delicacy of the matter thus discussed in public led temporarily to a strained relationship between the Co imir aion and rhe administrators! certainly, the episode served no useful 127 purpose. Realizing this fact, the Commission in its next session undertook to avoid similar difficulties in the future. M. Rappard summarized the arguments for and against public meetings by pointing out that they were desirtt le in that they tended to interest the general public in t e mandate system but that they were undesirable in that the representatives of the powers "found themselves, so to speak, on their defence, was a disagreeable situation. tt Further, he declared, there was a legal objection to public meetings, for in presenting its views in them the Comiasion had the appearance of reporting to the general public rather than to the Council. He sugg sted that it might be desirable to select some broad question of general Interest for consider at on, some matter which would lend itself to non-controversial examination. In conformity with this proposal, the Commission decided to assign 128 a topic to each of its members for study find discussion. The plenary meeting held nt the end of the third session thus eon Is ted of an introductory statement by th© Chairman, an xplamtlon by M, Beau of the problem of lib ity of conscience, remarks by Sir F, Lugard concerning the liquor traffic, by 8. urts on the application of special internatio al conventions to mandated territories, by M, Van Rees on land tenure, by sir F. Lugard on military recruit ent in mandated territories, by M. Beau on public health, by M. d‘ Andrade on loans and investments, by dr. Grimshaw on la or problems. M. Duohene, the French representative, was present and spoke c ;nceming the frontier between the 129 French and British Caaeroons, By this time the Commission w s convinced that little could be gained from holding plenary meetings regularly. In its third report to the Council, it therefore recommended that such meetings should be held only when favored l>o by a majority of the Commission, and thia amendment to the rules of pro-151 codur© was approved. lio plenary meeting was held during the fourth session, Likewise, public hearings were dispensed wHh during tie fifth and 152 sixth sessions, However, a short plenary meeting during the seventh session me devoted to a consideration Ox the liquor traffic in* B N and ”C n ter-155 ritories and of the problem of ex-enemy property, though it was decided not to discuss publicly th© terns of a Belgian administrative statute, which 154 Geraan petitioners alleged violated the terms of the mandate. In the ninth session, M, de Jouvenel, the High Commissioner of the French Republic for Syria, was allowed to make a public statement in defense of his policy. No questions were asked by members of ths Co mission, nor did they make com-155 meats upon his remarks, until they had gone into executive session. It is thus evident that plenary meetings, having proved themselves of little value, are reserved for exceptional instances when something may be gained by allowing 156 the public access to the £r o edings. 98. Constitution of the Commission, section jj By-Laws, Article 1. 99* Minutes, 4th. Sese., 157-58 100♦ ibid<, sth. Sesa., 6, 101. bid., /th. Sens., Ipl-95* Article lof By-Laws provides that extraordinary sessions may be held If favored by a i&jority of the members, provided the President of the Council approves. 102. 1926 Official Journal, Ho. 2,1%. 10j. No' ovid nee la found Li the record that meeting Ln Romo ws the source of any embarrassment) if anything, the contrary is true- unutes,Sth. Bess.l7o. 104. Since two regular sessions are now held yearly, there is Tittle occasion for extraordinary sessions. See Annex for amendments to rules of procedure. 103. Minutes, 2nd. Sees., 106. iKd/j 2nd. Bess., 60-61 10?. Thea© nod If icatTcns were suggested to the Corneil in a note attached to the third report of the Com', sb ion. Minutes, Seas., 526* Duly approved by Council. 1924 official Journal, No. 273?5* 108. 754 h 7 Sassi, 175. 109* Ibid 7, sth. Seas., 116-17. 110. Sessions have been held as follows: first session, Oct. 4*3, 1921, Genevaj second session, Aug. 1-11, 192.2, Geneva J third session, July 20-Aug. 10, 1925, Genevaj fourth session, June 24-July 8, 1924, Geneva; fifth (extraordinary) session, Oct. 25-Nov. 6, 1924, Geneva; sixth session, June 26-JuV 10, 1925. Geneva; seventh session, Oct. 19-50,1/25, Geneva; eighth session, (extraordinaiy), Peb. 16-och. 6, 1926, Ron* I on,Jun® 8-25, 1926; Unth session, Nov. 4-19,1926, Geneva; eleventh session, June 20-July 6, 1927, Genova; twelfth session, Oct. 24-gov. 11, 1927, Geneva; thirteenth sessUn, June 12-29, 1928, Minutes, 6th. Seas., 6, 172 112. Sews., 7 7th. Jess 114. 192# Official Journal, No. 2, 156. 115. inutc's, W*. Sean., 9-10. 116. TBid., 11th. Seas., 14. 117. Ibid., 12tn. Sesg., 15 118. dr® Annex 9a. 119. Minutea, 15tn. Secs., 15. iesg., 7 Minutes, Jrd7 sossi n, 50. 3h© Commission han not departed from this view. Ibid., 12 th. ess. , r 59 fc. 2nd. Teas., 50 125* Minutes, 2nd. esc., 9 124. ibid., 4th. Seas., 133-58 125. Ibid., 9th. Seas., 51-32. Hhlle more than one representative of a mandatory may be present at meetings, only one such may bo considered as the official spokesman of hia country! any other la present in an advisory position. Ibid., 11th. Seas., 18. Ordinary meetings are held twice daily — morning and afternoon — though even ng meetings may also be convened. Cf. ibid., 12th. Boss., 10, 16, 24, >s> IM# 162. By the revised rules, six membora constitute a quo ma for business. See Annex 9a. 126. -inntea, 2nd. Jess., 52. / 127* Jinutes, 2m. lees., 4?, The address of the Chairman on this occasion was circulated in advance among the members of the Commission, modified someAat by them, and delivered by him under their authority. subjects have already been discussed in the ordinary meetings? it is difficult to keep both representatives and the public interested, og. cit., 83-39 12p. Ibid.,"‘srd. Sesa., 192-200. The agenda of the meeting was adopted in advance, no mention of the CouMiaaion’s observations to the C uncil being made unless requested by the mandatory representative. Ibid., 189. lbid., 5 rd. Bess., s26* IJI. Official Journal, lio. 2, 558* 152. Minutes, SS» Sess., 152 155* Xiio., 7th. Seas., 87-92. 154. 7T0., 7th. Seas., 52-54. 5. AGENDA AND ORDER OF BUSINESS Th© By-Laws of the C omission provide that th© agenda of each ©eoaion shall be prepared by the Secretariat, approved by the Chair ian of the Co. unis si on, and coaiunicated to the members along with the notice of the convocation! that the Commission, by a majority of two-thirds present, may add topics to the 157 agenda. The agenda is merely a program to direct the Comission in its workj it is not slavishly adhered to but is followed or deviated from as ciraumstancea require. It contains a list of the more important topics to be dealt with in the course of the session, including in general such matters as: (1) routine business — the opening statements of the Chairman and the Director of the Mandates Section! (2) the election of officers, now occurs every other session; (5) the examination of mandatory reports, each report being assigned a definite position on the program; (4) th© consideration of special problems in individual territories, such as the BondelKwarts affair and the Syrian revolt; (5) the review of petitions; (6) the disouseion of changes in rules of procedure; (7) the study of general questions, such as land policy, military recruitment, economic equality, and the liquor traffic; (8) reports 158 to th© Council. Tae provisional agenda, prepared by the Secretariat and approved by the Chainaan, is formally adopted by the Comaiscion at the opening meeting 159 of each session. It sometimes happens that new questions arise unexpectedly or that members desire matters to be considered, which are not on the program as outlined by the Chairman. In such event, it is in order to odd new topics, 140 which is eommonly done by mutual consent, without a formal vote. ihe exact time of hearing the representatives of the respective mandatories is also determined during this meeting, consideration being given to their convenience, 141 as well as to the require ent for dispatch in the conduct of business. Changes may be made with respect to which reports will be considered during the session, this is dlaeouraged for the obvious reason that it tends to disarrange plans which have been carefully laid and must be executed with the minimum oi friction. Once a report has been placed on the agenda, the Commission is unfavorable to postponing its consideration. Juch has been permitted, however, in a few exceptional cases. It was agreed, for example, to delay examining the 1924 report of France on Syria in order to give the Government an opportunity to make a full statement, which could not be done at the 145 time designated because of insurrection in the mandate. For similar reasons 144 consideration of the 1925 report on Syria was also postponed. Inability of a representative of the mandatory to attend a given session has recently 145 been regarded as good cause for reviewing his report at the following session. The agenda of the average session is very heavy, necessitating the conservation of time in every my legitimately possible. The Copies ion has found it necessary to keep each session within the limit of thirty days and 146 goes beyond this period only in extreme cases. one means of saving the time of the Corrals a ion was uggested by 0* d l? ndrade — the members should prepare 147 and exchange notes on questions which could be considered in this formi manner. The suggestion has been followed with some success, members drafting memoranda, 148 which, if the authors desire, are annexed to the minutes of the session. To some extent, the plan has served as a substitute for debate in the meetings of the Commission, members having opposing views on questions of importance simply netting them forth in writing rather than discussing them in a diocur-149 sive oral manner in the meetings. 'mother suggestion looking toward the accomplishment of the same purpose was made by Sir F. Lugard — the Cha Ir an 150 should curtail tho length of spe ches. Ibero is no evidence in the minutes that this suggestion has ever been carried out. The good sense end mt mint of lembers are dep nded upon largely to prevent any abases of the privilege which they enjoy. Although there are some Instances of congestion and some 151 evidences of time wasted over the discussion of non-essentials, the proceedings do not appear to suffer seriously from these causes, jecrecy of tho meetings makes for terse, direct, and informal discussion of the various matters in hand. The fact that th© Co mission is permanent Ln organisation allows its work to be carried on continuously and gives lemhera an underst&iding of proble ;S, preventing waste of time and effort, in dealing with questions already ui- posed, of. There has been a growing tendency to give only limited attention in he meetings to reports which raise no new problems and concentrate 152 upon those which do. An entire lack of obstructionism in the proceedings, coupled with a general knowledge of what is relevant to the discussion enables the Corning ion la the great majority of cases to complete the program which 155 it has assigned itself to perform. Minutes, 2th. 5e88.710>24. 1%. T public meeting is usually held at the opening of each session, during which the Chairman and the Direeor of the mandates Section make statements reviewing matters of general Interest, such as, action taken by trie Council and the Assembly *he last session, of the Commission, questions of importance which have arisen and require attention, steps token by the mandatories to execute the recocanendations of the Commission, and the like. Iso mention is mad© of the date of arrival of reports and petit! ns, of questions of special importance which they raise, of petitions and documents received, of dossiers distributed. Officers are comiAonly elected at this meeting and the agenda formally adopted. But no statement is made by mandatory representatives and no specific Action is taken respecting administrative affairs. Of. ibid; * 4th. 5.M..7-UJ Som., 3...-, 7-l>> IHh. 3ms., 10=t5;-feth. Bess., 10-15. Article 6. 150. cf/jjlnutes, 2nd. Seas. 7 &)> 4th. Sees*, 1/3-69; Sth. less., 166 5 9th. Soso., IoC-39; 10th. Sees., 165-64; llth. Seas., 166; 12th. Jess., 1/1; 15th. Sess., 202-205. 159* Hie agenda of the Bth. Seas, was drawn up after it had convened, was an extraordinary session cabled unexpectedly, which accounts for the irregular procedure. Ibid., Bth. Sees., 5~3> 46. 140. Cf. Ibid., 2nd. Jess., 3-9; s?d. Sass., 14; 10th. Jess., 15; 12th. Seas.,ls. 141. 7KidT7 Jrd. Seas., 15 142. -Vr typical changes, ibid., 9th. Sess., 12 145* Ibid., /th. Seas., 167 145. SeSB., 15* 146* Ibid., s*d* Seas., 212. 147. Ibid., ?th. 3ese., 122-25 148. 3rd* 3603’5 160-61,f0r memoranda by g. Van Steos and air F. Lugard on selected topics. 149* Ibid., 7th. Seas., 1/4-208, for opposing views of 0. d’Andrade and Sir F* Lugard on native labor. 150. Ibid., 7th. 3 e ss., 122-25 151. TbTd., sth. Sess., 126; 9th. seas., 15 6. EXAMINING MANDATORY REPORTS The examination of the annual reports of th© mandatorlee nay be re-154 garded as the lost important task of the Permanent Mandates Commission* The reports examined are prepared by the administrators in the respective territories on the basis of the questionnaires prepared by the Commission during 155 its early sessions. Considerable variation is found in th® reports rendered with reap* ct to their length, their contents, and their arrangement. The Commission has laid down no hard and fast rules as to the form to be used but hots insisted that they contain full Information about local conditions. If data concerning a particular point ore given in a previous report, it is sufthet this fact be noted} if desired information la not includ d In tae current report, the Commission may ask that it be given in the next one. On the whole. the reports are drawn up with much care and are well documented# containing 156 illustrations, maps# and local laws and decrees. . Since the Covenant requires that the reports be addressed to the Council# the Commission has been very careful to see that thia formality la observed, local administrators address their statements to their Prime Ministers# it is required that the latter# in dfepatching the reports to the Commission# accompary them with a covering letter to the effect that the Govern ent recognises them as official and takes 157 reap.risibility for their contents. As has been pointed out# th® reports are regularly examined in the presence of representatives of the mandatory st tea# who take port frcly in the discussions and supply any supplementary Information or explanations desired by 158 members of the Commission. The importance of such contacts with officials from the mandatoiy powers has been fuDy realk cd# the Commission insisting that whenever possible ranking non in charge of administration in the territories be sent to its meetings# a practice which has been generally follo?/ed. ' The Commission has been careful to see that the representative in each case is duly ac-160 credited and authorised to speak for his Government. It has boon held that only 161 one representative can appear at any given tine in this official capacity. 2hen properly accredited# the repr sen tatlve ic empowered to give official in* terpratotiono to Hi® acts and decrees of the mandatory in the territories under 162 its care. Th© procedu e followed in the examination of th© mandatory reports la th© result of a proceo© of alow grwth. ;hen the flrot session of the Comaiaaion was held, the draft mandates had not been confirmed by the Council* Groat Britain, France, and Belgie, however, agreed to submit reports concerning the administration of Palestine, Iraq, and South-West Africa, Togoland and 165 the under French mandate, and Ruanda-Jrundi. No official representatives of the powers were present* At the request of members of the Commission, M. Rappard, then Director of the Mandates Section, read such passages from each report H as might interest the members of the Commission.*’ An informal discussion followed the roading of each such passage, the member of tho commission coming from the state whose report was under review, undertaking to answer questions which arose, and in a few instances comunicating 164 with his g overnment for added information. During the first session, the Commission gave most of its attention to drafting rules of procedure and questionnaires, dealing with the problems in the mandated territories only in a general way. By the time the second session was held, the questionnaires for **B H and M C ,S territories had been adopted and dispatched to the administrators for their guidance in preparing the annual reports. Representatives of Japan, Australia, and N< w Zealand were present. The Japanese report was considered first, the official representative being given an opportunity to make a general statement at the beginning, then each of the major topics in th® report — Slavery, Labor, Arras Traffic, Liquor Traffic, Liberty of Conscience, Economic Equally, Education, Public Health, üblic Finances, and the like — being reviewed, ihe representative, M. Matsuda, replied to such questions as were raised by the member® of the commission in the informal discussion which took place over each topic.ln similar fashion, Sir Joseph Cook collaborated in the examination of the reports on New Guinea and Nauru, and Sir James Allen aided in the study 166 of the report on Western Samoa. No representative of France was present, but Beau, of ths Commisaion, answered such questions as were raised concern-* 167 ing the report on the French Cameroons and French Togoland. A alight innovation in the procedure was introduced during the third session. cting on the suggestion of the Chairman, the Commission devoted its opening meetings to a preliminary review of the reports, the official repre. . 168 sentatives being absent. Each member of the Commission was allowed to oomsent on each report, with the object of familia rising the Commission with the problems with which they rmat deal and of agreeing upon general principles 169 which would guide them in their work. After this preliminary survey of 170 all the reports had been made, the representatives of the respective man- 171 datories were received at the time and in the order previously agreed upon, 172 and trie official examination began. The procedure at this point was similar to that followed in the second session, the representative in each case making a brief introductory statement in which he commented on natters of general interest, the report then being discussed with him, chapter by chapter. A step of considerable significance was taken by allowing the discussion of the respective topics to be led by a rajporteur, who had been appointed pre-173 174 vioualy, and who had prepared a study of the subject assigned to him. Thia arrangement has been of great value in permitting specialization and consequent expertness in the work of the Commission. shile th© preliminary survey of reports was of considerable aid to the members of the Commie si on at the tine,of its introduction, it was of little 175 * > < use afterward and was abandoned. The procedure in the examination of reports had now been formulated? only slight modifications have taken place since the close of the third session. Hie normal order followed is the appearance of the official representative at the table of the Oommlteicm, his welcome by the Chairman, his general statement, a brief diecuasicn of his general statement, and finally the discussion of the report topically. The representative clears up points not covered fully by the report by giving the Information at once or by agreeing to supply it at a later date. ' If no member has an observation 177 to make on a topic, it is passed over without mention. The Comic a ion has utilised rapporteurs freely in the performance of its tasks? but they have been assigned special topics rather than separata reports for study. Ihis has permitted specialisation without involving the danger of one member being reapon-178 sible for the review of the entire administration of a given territory. By adopting proposals of the Chairman made during the tenth session, the Comis- 179 aion agreed that rapporteurs should be assigned chapters in the questionnaire, should serve three years, and should lead the discussion of their respective 180 topics before the Commission.. Distribution of topics was made, as followsl Status of th© Territory, Status of the Native Inhabitants of Vie Territory, Palaciosj International Delations, General Administration, M. ortsj Public Finance, M. Rappard? Direct ’Taxes, Indirect Taxes, Trade Statistics, M. Merlin? Judicial Organization, Police, Defense of the Territory, Arma and Ammunition, M. Yamanaka; Social, MOMI and material Condition of the Natives, Sir F. Lugard; Conditions and Regulations of Labor, Sir F. Luga rd and Mr. Grimshaw; Freedom of Conscience and Worship, M. Palacios: Education, Mme. Bugge-Wioksell; Alcohol, Spirits, and Drugs, public Health, M. d’Andrade; ? and Tenure, Forests, 181 Minca, M« Van Rees; Population, M. Rappaid. This grouping of subjects, based on the unratified new questionnaire, has been followed subsequently, with 182 changes in assignment of topics as conditions have required. Nie Commission has thus noticed out a very businesslike plan for the examination of the mandatory reports, an arrangement which permits a great deal to be accomplished within 185 a relatively limited period of time. ' "152? "Thus, Ir/ the Ipth/ sea'llc7h,' only a Kay ma given to New Guinea, a half day each to \auru and to the French Cameraone, but approximately throe days to the serious conditions in Western Samoa, 155. Un one or two occasions, the Ccmlesion has b en obliged to postpone certain topics to later sessions. Cf., Minutes, 11th. less., 184 This, however, is exceptional, 154. Article 22 of the Covenant requires the mandatories to send the reports and th© Comlssi n to examine them and advise the Council. Pa 7 and 9. 155. For questionnaires used in B A n , “B I *, and W C H territories, see A nox 7. rjrr ' 1925 report on Western Samoa# Minutes# sth. 3ess># and the 1924 report on Nauru# ibid.# 6th. Sees.# 179* But " it found fault with th© 1225 report®cm British Togo ; and and the British Cameroon©# ibid.# 3th. Seas.# lyO; and the 1926 report on British Togoland# ibid., 12th. Secs.#B6. ~ IS 7* ibid. s Jrd. Soes.# 172,516; sth. 3ess., 99, 190; 158. Constitution of Commission, pars. w b* and n e"| By-Laws, Art. 8, per. 1* 159. 9.nuEcs ? sth. Seen., 136; fth. Seas.# 210; 12th. ess.# 127* 160. ’Hila is usually done n a letter from the Prime Minister to the Secretariat. 161. minutes# SMB** 102 * 162. The interpretatian by Vie Belgian representative of the Law of 1925 apply ng to Ruonda-Urundi ms held to bind his gov rn ent. Ibid.# 7th. Sess.# 60-61. lop. It was understood that the powers w uld be under no. legal obligation to accept the observations of the Council on the reports, nor to official reports before the end of the first year of administration, Minutes, Ist. Sesa.,3-6 164. Ibid*, Ist. jesa., 12-42 165. The Couaiasion permitted the representative to answer certain questions in writing* Minutes, 2nd. 10-15, 76-77* 166. Ibid., a. 29-35, 41-45. 167. Wd., 2nd. Sess., 21-25, 25-26. 168. Ibid., 3rd* Seas., 10. 169* Only questions of principle were raised during the preliminary survey. Ibid., 3rd. seas., 43. 170. Preliminary survey of French Togo and lb id., 17-22) British Togo and Cameroona, 41-45; Tanganyika, 45-46; Ruanda-Urund 1,46-47J Islands under Western Samoa, 58-62. 172. surveys were intern ted to allow examination of the French reports, but other examinations followed after th© survey was ended. , bid.,22-3$ 173* Appointed in second session, Ibid., 2nd. Seas., 61-62. 174. Studies of rapporteurs on special topics, ibid., 3rd. Seas., 216-86. Minutes, 3rd.' Seas., 212. We diief 'Meet was $o save the time of the iwlve meetings of the third sel®~ Having ween thus requirea. in* 178. xKH., 4th. Seas., 12-14. 179* Rejection of the new questionnaire by the Council did not change the allocation of work made by the Commission. 18°. Ibid., 10th. Seas., 175-75, 16-19. 7. PROCEDURE ON PETITIONS. r lh© authority of the Commission to consider petitions from inhabitants of the mandated territories or from responsible persons or organisations out* aide the territories is not granted to it by the Covenant of the League of Nations. The power is special, being delegated by the Council. It is therefore surrounded by provisions of a more formal character than those which regulate the relations of the Commission and the mandatory representatives. The procedure on petitions, resting upon a decision token by the Council on January 51, 1925, has been generally defined as follows: (1) All petitions to the League of Nations by coaaunlties or sections of the populations of mandated areas should be sent to the Secretariat of the Teaue of Nations through the mandatory Government concerned! the latter should attach to these petitions such comments as it might think desirable. (2) Any petition from the inhabitants (of Mandated arene) received by the Secretariat of the League of Kat lona through any channel other than the mandatory Government concerned should be returned to the signatories with the request that they should re-submit the petition in accordance with the procedure prescribed above# (5) Any petitions regarding the inhabitants of mandated territories received by the League from any source other than that of the inhabitants themselves should be coMatnicated to the Chairman of the Permanent Mandates Commission. The latter should decide which, if any — by reason of the nature of their comments or the authority or disinterestedness of their authors — should be regarded as claiming attention and which should be regarded as obviously trivial. The former should be communicated to the Government of the minatory Power, which will be asked to furnish, within four months, ouch comments as it may consider desirable. Th© Chairman of the Commission should be asked to submit a report on the others# (4) All petitions sent to the ue of Nations in conformity with the prescribed procedure should, together with the comments of the mandatory Powers, be held and accumulated until the next session of the Permanent Mandates Commission# (5) The Co emission, after discussing any petitions received, should decide which, if any, should be circulated to the Council and trie members of the Lea ue. The Minutes of the meet tig at which the petitions were discussed should be attached. Since the Covenant of the Lea ue charges the Mandates Commission with advicing ‘the Council on all natters relating to the observance of the mandates,” the right to receive petitions in the manner prescribed appears to rest on a 186 sound legal basis. The procedure devised by th© Council nerved definitely to regulate the relations of the Commission with Individuals and organisations Interested in the mandated territories. In its third session, the Corn, .is a ion, acting in accordance with the above rules, decided u to examine only such complaints which came before it in th© regular way, and to reply to requests for information by indicating the procedure normally followed in regard to 187 petitions.* 'lhe term has been construed broadly to i elude telegrams, documents, mem randa and the like concerning the edminietretion 188 of the mandated territories. The authority of the Commission to receive and consider petitions does not extend to the right to interview petitioners officially, though members of the Commission may hear such individuals un-189 officially. Petitions my emanate from two different sources — from the inhabitants 190 of th® mandated territory and from any other person or persona. Petitions coming from inhabitants must be sent to the Secretariat of the Lee ue through the mandatory concerned; otherwise -they are returned with the request that 191 they be properly submitted. Petitions originating outside the mandated territories go directly to the secretariat, which delivero thm to the Mandates Comnissipn. Ihe Chairman is empowered to deter.line which of these are worthy of consideration. He rejects those which contain complaints that arc incompatible with the provisions of the Covenant or of th® draft mandates, which ©ruinate from an anonymous source, or which cover the same ground cover d by a petition recently couamimicated to the mandatory Power and do not contain 192 any new informtian of importance. The petitions found free of such errors y are sent to the mandatory state for its caament, which should be given within a period of six mnthe and should indicate Aether or not the mandatory agrees 195 with the petitioners. After the mandatory powers are thus given the opportunity of studying either type of petition which relates to their respective territories, and of making the eommeats thereon which they deem advisable, the Commission proceeds to examine the questions which are raised by the petitioners. In performing this function, it is guided by the following rule: Any petition in inadmissible if it brings before the Commission a dispute with which the territorial courts are competent to dealj but if a petitioner protests against a local act in regard to which he has no judicial remedy, the Commission may review such oct to determine whether it is in conformity with Article Twenty’ two of the Covenant and with the draft mandatej further, the absence of legislation depriving a 194 petitioner of rights my justify the CoixUssion taking appropriate action. Each petition which has been admitted as meritorious is assigned to a rapporteur 195 by the Oiairraan, the former drawing up a memorandaa setting forth the issues 196 and recommending action to be taken. ihe memorandum is then discussed by the Commission in ths presence of the official representative of the mandatoiy, 197 who is allowed to make any explanations which he my desire to make. Appropriate observations are then adopted by the Commission and added to its report 198 to the Council. If the Council acts favorably on the potitions, the Secretary-General of the League so informs the petit oners and the nmatory admtois-199 t rat ion. It is significant that moat of trie petitions submitted have been of a trivial or objectionable character. In a few cases, they hove s ived to stimulate 200 investigations by the Gomisslon, as in the Syrian revolt, in the disorders 201 202 in Palestine, in th® unrest in Western Samoa* In such instances, the petitions have enabl'd the Commission to confront the mandatories with definite accusations against their administration and to require satisfactory explanations of conditions alleged to exist* On the other hand, the Commisalon has been overwhelmed by complaints from all sources, many such complaints being entirely 20$ unjustified. It has therefore been obliged to observe he rules very strictly, definitely rejecting all corsaun lost ions not coming clearly within the 204 competence of the Comission* Dozens of petitions are dismissed a® unworthy to every on® which is given more extended consideration. It is only fair to say, however, that most of those rejected raise issues of which the Commission 205 has already disposed or over which it clearly has no jurisdiction* The authority to review petitions is carefully regulated by the rules of procedure laid down by the council and is exercised with much self-restraint. 161. Minutesl6th. Sega., 45. ~~ 182. s©ss., 16. 18>. Trench and English are the official languages of the Co Mas ion. Members my use either. At the request of a member, a disc urso in French will ba interpreted into English and vice versa, iho Secretariat supplies the necessary interpreters both in the sessions and for work of documentation. By-Laws of Commission, Article 9. 184? Amended to read h six mon the jinutec, Ith. Seos., 177 185. Official Journal, o. 5, 200. The Council acted uon a resolution of the Assembly to the effect that petitions emanating from inhabitants of mandated areas should be sent to the Commission through the local administration and that petitions eh ;uld not be considered by the Commission before the mandatory had full power of expressing itc views. Records, Third Casern., 166-6/. 186. The Commission had previously decided It could take judicial notice of all existing facts. Each member had the right to submit any com .unication, official or unofficial, which he thought desirable. Minutes, 2nd. Sees., 69* During the second session, the Commission received petitions.from t®**™ 9 * on the ©cum ary problem In Ruanda-Jrundi, but took no formal action. Iblo., 6pj 38-90 J >OiOO. 186. iess., 116; 1.26 o icial Journal, No. 2, 189. This ma decided during the third ses3 i on,""4ien representatives of of Anti-Slavery and Aborigines Protection Society of London asked for a personal interview. Uinutes, Seas., 62-6?, 64-67* Likewise, representatives of the Palestine Arab Congress would not be heard, ibid., 7 th. Sees., >5. See Chapter X on principles involved in this question. 190. n Inhabitants' has been construed to mean *residonts* Ibid., IJth. 3e05.,214. Ipl. For instances, see ibid., Sth. Seas., 9 192. bid., 7th. dess., T 55". Petitions from inhabitants may be rejected for similar reasons, 1,54. 195* Ibid., 6th. Sees.,l6B-69. 1926 Official Journal, No. 2, 195. iW.V 12th. Sees., 62, 77- Sub-comlttees my be appointed to study the more important petitions • Idem, 54-56. 196. Idem, 194-97- 197* Idem, 85-86. Though action my be taken without consulting the representative, particularly when the petition is rejected by the Commisaion, 128-29. 198. Idea, 204-05. Action, of course, my be postponed until all points are cleared up, cb-86. 199. Idea, 177-78. 8. PROCEDURE IN SPECIAL CASES. Besides its normal work of examining mandatory reports and petitions concerning mandated areas, the Commission has undertaken the investigation of certain particular cases for which special procedure has been devised. Ihe manner in which the Commission functions in such Instances may be understood by reviewing the steps taken in the Bonde affair, the Syrian revolt, and the recent disturbances in Western 3aioa. hen tho Bondelzmrta case presented Itself, the Co mdsalon realized that it was confronted by an un- usual situation. Wo official report had boon submitted by the mandatory? the findings of the commission of enquiry appointed by the South African Government had not received the endorsement of the adiainistrstion. The Co 1- Msaion was therefor® left with the duty of securing information from whatever sources possible and of establishing the responsibility of the mandatory for 206 the abuses of which it was seemingly guilty. A wub-committe© consisting of sir F. Lugard, M* Van Rees, and M. Rapp©rd wag appointed to draft a questionnaire to be used by th© Comm lea ion in eliciting full nforsati n from Sir Cdgar dalton and hiv advisor, Major Herbst, concerning conditions in 207 Aouth-iJest Africa which gave occasion for the rising. 'Hi® instrument thus 208 re pa red was adopter by th© Commission, with certain amend;nents. It went into the issues in detail, seeking to ascertain the attitude of the Government on the report of th© co. issiun of enquiry, to determine what it had don© respecting the office I*o responsible for th© objectionable acta, what had oauatd the revolt, what injuries had been inflicted on th® population, 209 what remedial measures had been taken, and the like. The invest lotion of the rebellion followed the examination of the report of 1921, which contained no information on this subject. I opened with a statement by the chairman, who pointed out that the investigation had been officially ordered by the Assembly. The official representative was then asked to answer each question Ln the questionnaire. The entire problem was reviewed minutely, all members 210 of the Commission taking part freely in the discussion. At th© cloo® of the examination, the official representative retired, and the Co.Mahlon considered draft conclusions, which hud meanwhile been prepared by the Chaiman and M. bit 5. Since no agreement could be reached at the time, it waa decided that each 212 member should draft his own observations and present them at a later date. A discussion of the individual memoranda took place during the closing meetings of the session. The Commission found it impossible to reach a unanimous agree* 215 ment, the Chairman and M. d* Andrade filing minority reports. Ihe observations thus drafted to be sent to the Council explained the case at length, included the conclusions of the majority and minority of the Commission, and suggested action to be taken to restore order among the natives and to amel-214 iorate their condition. A striking feature of the proceeding was the agreement of the Commission to hear Major Herbst again after the examination had closed. He was allowed to appear to offer additional argument in defense of the administration policy. The members of the Commission r d mo comments 215 on his statement and did not change the report to the Council. The unsettled conditions in Syria and the allegations which constantly appeared in the press, along with the petitions which flooded the secretariat charging oppress ion Ly the French, led the Commission to undertake an inquiry to loam the exact situation in the troubled country. The entire eighth cession was devoted to this task. As in the Bondelswarta case, the Comission adopted procedure in keeping with the peculiar needs of the moment. In an early meeting, the members agreed that certain matters of general Importance should be dealt with — the causes of the insurrection, the steps taken to 216 suppress it, the policy followed by the administrator in the territory. A sub-committee was appointed to draw up a special agenda to guide the Commis- 2X7 sion in its work. No questionnaire was prepared as had been done in the Bondelzwa ts investigation; a mere list of topics was used as the basis of the discussion with the mandatory representative. Ihe discussion, shich was carried on directly and informally, dealt with the basic causes of the un-218 219 rest, with the immediate causes of the revolt, and with the repressive 220 measures taken and the future policy of the French Govern ent. The Oom-221 mission had meanwhile designated a sub-committee to draft the report, which 222 prepared an outline as the discussion took place. The preliminary obser’ 22? vations thus drawn up were modified in accordance with the wishes of members, 224 and became the official report of the Commission to the Council# The review of the unrest in Western Samoa, made during the thirt ©nth session, was conducted in a similar planner. 'Hie discussion was directed by 225 the Chairman in accordance with a topical outline agreed to by the Commission. The views of the mandatory power regarding the finding of its commission of enquiry were first ascertained; the administration endorsed the report in full, possible causes of th© unrest were then taken up — the prohibition question, the copra policy of the Government, the alleged extravagance of the administration, the problem of native self-govem lent, th© question of banishients. The methods of the agitation, the relations of administrators mid inhabitants, the system of uaxat -n, and other matters of interest were examined in a very penetrating manner. several drafts of the report to th© Council were pre-22? pared by different members, which were discussed carefully. A sub-committee of three was appointed to harmonize the various points of view, end ite roport, 228 further discussed, and revised, became the official observations of the 250 Co mission sent to the Council. , Wu'Sead. 201. Tbld.; 6th, 160-75’ 202* xIj L<l • $ 12th• Sess., 196—97 205# W~. ,10 th. Seas., 149-30. 204. 86 s£&* ££•> Wp-pls 12th. Sean., 204-55 IJth. Sees., 250-52' 206. See Chapter IV, Section 4. 207* Minutes, 3rd. Sees., 66-67. 208* idiem, fe-76. 20y. For questbonusire, idem, 21Q* 21 i» xdoa, 15*1-37• 212. Znuteis, srd. Sees., 156. 215* 214. Idem, 290-96. 215. ’idetni 18>87 • 216. TbH.j Bth. Seas., 15- 21/. I inutes, Bth. 3eao., 42-44. ’ 218. fdem> S 4-125 219. Idem, 125-46 22°. Idem, 160-67 221. Idem, 96 222. Idem, 118 22?. 167-68 224. Idem, 198-208 225. IH?** 15th. Sesg., 17 226. Idem, 97-158 227• Idem, 152-57 9. REPORTS TO THE COUNCIL AND DOCUMENTATION A very important part of the work of the Commission involves the drafting of its sessional reports to the Council. The delicacy of the undertaking has caused the greatest care to be taken in the performance of the task. It is usual to entrust the preliminary steps to a sub-committee, which uses the minutes of the meetings and individual notes sent in as a basis for the pro-251 visional report. The draft of the sub-committee is taken up item by item, and all expressions are carefully weighed, additions, deletions, and modifl-252 cations being made to satisfy the requirements of the several members. While the Constitution By-Law* provide for majority and minority decisions and reports, the Commission has always endeavored to arrive at a unanimous conclusion by means of compromise. It hag felt that it should stand as ain it behind the recommendations which it makes to the Council. Tn© embers have been willing in most cases to let their views expressed in the minutes explain their exact individual positions, rather than using minority opinions for thia 255 purpose. On but two occasions has it been necessary to depart from thia 2% practice — minority reports wore filed in th© Bondelsmrts matter and on 257 the question of admitting a member to the Commission. The spirit of constructive compromise which members of the Commission, with all their divergence of views and the difference in nationality, thus manifest is an unusual tribute to their practicality, tolerance, and ability, and it emphasize® the future possibilities of cooperation in the field of international administration.. The reports thus adopted are edited by the Director of the Mandates 253 Section. The original text is in French, and the English version is based 259 on it. The reports follow a rather definite form a preliminary state ent concerning the mandatory reports examined and the official representatives interviewed during the session; a section dealing with certain "general quosti ns” — economic equality, national status, land tenure, and other matters of immediate interest; observations on the ft A H mandates, "general” and ”special”; like observations on the tt ß* and ”C tt territories; and finally, observations 240 on petitions. conclusions respecting special investigations may be rendered in a separate report, as was don® in th® Bondelzwarts and Syrian cases, or in the regular report, as in the Western Samoan incident. The reports deal only with the most important questions discussed by the Commission, and give only 241 a general view of the opinions hold. Detailed can be obtained only by a careful study of the minutes of the sessions. By means of such reports, the Commission summarizes and presents to the Council a careful a imary of facts contained in the mandatory reports and other sources; moreover, these facts are carefully interpreted in such a manner as to leave the Council little else to do than approve the conclusions reached by the Commission. The fact that this is commonly don® adds great weight to the official character of the reports of the Commission. As an incident to its major tasks of examining mandatory reports, reviewing petitions, investigating special cases, and preparing reports to the Council, the Commission is obliged to do a large amount of routine work, principally documentation, thus, it had to formulate and revise the questionnaires used in the preparation of mandatory reports, rapporteurs being used to prepare the basic texts, which ivere approved after thorough discussion end 242 necesaary changes. A number of special studies on assigned topics have been 24? made by members to assist the Commission in the performance of its duties. The increase in the number of petitions received has required delegating their study to individual members of the Commission or to sub-committees, who have 244 prepared written statements dealing with the issues raised. Questions of procedure have constantly arisen, necessitating the drafting of memoranda on 245 the technical matters involved. Minutes of each meeting must bo circulated by the Secretariat within twenty-four hours and duly approved or changed by 246 the members of the Commission. Those and similar activities of the Co mission are see singly of little importance, but they require much time, and their proper discharge is essential. The short period given over to each session is filled with intense work, members generally laboring overtime to complete the tasks at hand. In order to accomplish the duties imposed upon it, the Comission has its own peculiar rules of procedure, differing, of course, from 247 those employed in other types of international commissions, and reasonab|r adequate for its purposes.and needs. 228. Minutes, Ipth. Gess., 185-88. 229*' 195-96. 2JO. TTem, 250. Special topical procedure is ordinarily used in examining the Iraq reports. Ibid., 10th. Seas., 16-17; 44; 12th. Sees., 16*44. 251. Sew., 161 ft Article 8, paragraph 2. 255. Minutes, sth. Sena*, 148; 6th. Seas., 98. 2%. srd. Sees., 29096. 257. Ibid., 11th. Seas., 200. sea 119 259. ibid., 4th. Sess., 50 240. For example, ibid., 4th. Sees., 185-96; 6th. Sees., 171-81; /th. Seas., 210—20; 12th. 3®ob*, l^”/—205. 241. M*' sth. Seas., 8. 242. CfMinutes, Semi, 15; sth. Sees*,llB; 6th. d0e5.,45,99; 9th. Sees., 51, 11th. Seas., 166. 24?. Ibid., 2id.505a.,216-87,297-XXS; 4th.3e0.,16>76; Sth.Hess.,l76-85; 6th. 3®OsT7lSB-71; 7th‘Seas., 146-60,194-208; 9th. Sean., 195-9 s; 10th.Seas.,164- 181; nth, Sess., 189-194; 12th. Sea 3.,178-951 l?th.Sese., 208-214. 244. Ibid.., 4th. sees., 178-79; sth. Sees., 17$; 7th. Seas., 180-8?; 10th. Soso., l?th. oeae., 214-221. 240. Ibid., 6th. des 148-50; 9th. Seas., 189*95? lsth. Seas., 175-73; 11th. se*a., 194-99; 12th. sews., 176-77- 246. Ibid., 4th. Seas., 24. 247. On procedure of international tribunals, see J. K« Ralston, The Law and Procedure of International Tribunals, passim. CHAPTER IV THE CONTROL OF ADMINISTRATION 1. THE MANDATES COMMISSION AS AN AGENCY OF CONTROL IT has been pointed out that the Permanent Mandates Commission is essentially a technical body, established to receive and review the mandatory reports and to advise the Council on all mtters concerning the administration 1 of the mandated territories. Also it han been shorn that the Commission is in no wise designed or empowered to displace the local authorities or to embarrass them In hei urk. Its primary object is to collaborate with the mandatory powers, legally and fcr sally through the Council, directly and actually through the annual reports and the official representatives of the 2 powers. The relations established between the Commission and the mandatory states have placed the former in a position of authority not contemplated at the time the Covenant was framed or the Commission itself established. Uhlle the competence of the Commission is undoubtedly of a restricted character, the limitations have never been ’'fined. The distinction between collaboration and supervision has not been traced clearly. Members of the Commission hove refused to determine categorically the scone within which their authority is to be exercised. On the other hand, they have generally agreed, and have acted on the theory, that they are empowered to see that the terras of Article Twentytwo and of the draft mandates are observed. In advising the Council, the Com- mission likewise advises the admin Istra ora in all of the areas under mandate. The recommendations made by the Commission ar© gener lly very highly respected and closely followed; it is thus able to exorcise the effective supervision which alone justifies its existence. Tie positive Influence exerted by the Commission may be traced to several sources. In the first ploee, it has successfully asserted its prerogative of securing full Infor nation concerning thet occurs in all the mandated territories. It has insisted that th© mandatories render complete account of their stewardship. Such is legally required of them by the covenant .1’ the League; 4 to refuse is to violate their treaty obligations. As J. Rappard stated on one occasion, *A court of law... .unless it was to become a prey to injustice, must rely entirely on facts. It was necessary,therefore, for the mandatory Power to furnish the Co emission with all the facte, which alone could enable it to pass judg ent. H The Oomis a ion has the right to know the facts and to formulate its observations acou- ngly. The mandatories are le and morally obligated to clarify any and all questions relating to the ndministra-6. tion of the mndates. On any number of occasions, the Commission has insisted that added data be given. In its fifth report to the Council, lor example, it called attention to gaps in the annual reports of British Togaland and the British Cameroon© for 192? and insisted that the local administrative machinery be adjusted so that relevant and necessary information could be 7 supplied. Hardly a report is examined that supplements zy information is not 8 required and freely given. From the beginning, the Comission has held that 9 it may take judicial notice of any and all facts. Its authority thus to know what is going in Hie terrlt rlea is the foundation cf its power of control. secondly * to Co ami as tai "*y advise the Cornell on all oattera respect- Ing the adainietmt on o to arms end Ihxe right, however, la MBBIMI with due consideration of realities* to taBMMMI has won universal respect for Hi erect to 1 attitude* for Its refusal to oeeam s og»’tlc .in its observatfe-’S on to mandatory repor o* th lie reserving to mrea trie fed 11 rigit of edvielng tie Ocmeilt it hag t hen great care to see that its viewn ne reesona lo anti that* they can be accctt'd and put Into effect by the ndnlnlatratora for when they are ul imtely intended* M* Orta stated the prevailing Of)lnion of fee mmber® nhen he said tot ho hod that the (lendatts Co 10X00Lon. had not the right to Indulge In concldora tic wilch were exotoively nhilanfemplc. f ouporvloory Mil of s9tttataMl would MB mfortmate results if it did not &£MBS of the BM aepeofe 12 of the colonial problem aa sell as to oral a.B--ect* w >fien during the sixth it waa that to mandatory roprcsmfetlve* be asted to def fee th ir administrative policies at len/rth* to record ahona tnat u. Bem eaid he sym&thiaed with the desire of certain ikMM of Hie Cemi.secan to obtain • clear idea of the policy of the mandatory adMLnla tret ions# lie thought, hwwer, that an in this direction ms undoubtedly at thia momnt# Sie mjorlty of the Gov- m .ents were net yet In a position to m-ike s g neral plan of Ibsl> policy as regards 1 territories under shey were not yet beyond the oxperl* mental stage* h's had trnnsptried in the course of certain conversations which he had had with the administrators .of SCM of We am a ted territories, Wo had rose io d, in perfect good faith* Wat an*:; Qi th mas ires adopted were nothing sore than trial afeewa. -i? thia wore true of ©mil terri* torios audi as thoss under French mnda e. If was obvious that it would be Still uore true of administrations nhlch were r * a sensible for larger territories. omovor, t e various mndatory towers had different rarthode of Ihe Br method differed in many respects from tie F ench. -.an it wise to cmpnasli e now the difference between the tr;o systems, ami could the express an opinion in favor of elUwr th® one or bi® other? ih® mndetory owers awt be allowed r certain t’no in which io adapt to the particular requimmta.of each s ndate the aclaln. atratlre which ilxey preferred* The Co mission hrs been consistently prattle In Ite wrh> it han dealt with each probißa as it has arisen* iMle It has evolved certain general principles, to be MMMI later in detail, theo® are based on (Ml OB* periencs and not simply upon abstract opinion. IM ten Isolan hie avoided 14 establishing a doctrine before dealing with the facta. IM advise which th® Co i las ion gives the Coto. 11 and the dissuasions which it holds with the official representatives of the mndetory powers aid in beeping the principles behind the mandate system alive and In operation. It never loses sight of the Gov mat, of the draft mndates, and of th© obligations Milch they impose — nor does it al Icm the officials of the mandatory states to do so. “very step that the MMMMB takes# every suggestion that It sakes, either in the report to the Council or to the official repreamtatlve directly, la carefully predicated gB sems definite provision IS of the inslrumnts Milah created and nh?di mwtaln the plan. In perfoißhag its tach of administrative control, the (Mission osfe to insure the OMHHMIMI of two types cf *** the am negatlw> the Ml positive. In to the first, it MK to prevent the MMMMM frea ec : Atiing ■;in acts or aF owing pertain condition® Chlch are forbidden *— e for toorporotlng to mndeted territories and th Ir habitants or abusan of authority to to detriment of to poup'ee under mndate» In respect to tie aecond of obligeUom> the Gaiiioaion erxWaors to see 4 the aendstorios dladwrge pc© 11 . g thsß MMll 16 maintaining stable govem-'ent and order and developing native l.atltutlom# lore extensive attention met now be given tc to rob’era of tills mt re with which taic Cota ieolcn ctmcam® itself an the methods which it employs In xnchig IT such problem# 1. See Chapter 11, Section 5. 2. Chapter 11, Section 6. p. Minutes, dth. Seas., 49“i30, for a discussion of this point. 4. Minutes, 3th". mandates requi e the reports to contain n full information with regard t o the respective territories. 5. During the investigation of condition© in Syria, ibid., 3th. dess.,B9. 6. Van Rees, Les mandats intemationaux, 50-55. 7. Uinutes, Sth.' B's as., IyCT 3. See reports of the Cojnission to the Council, passim; also the mandatory rents* 9. ninutos, Ist. Sees., 28; prd. dess., 62-6>,65-oZ.' ~ tot may Ino Ist an th* mmd tory sup* lying n&l dom^*nfetion t it cannot require th* official represents ive to UMI aa a liana mt if he*desires to refrain., 12to iese*. IM* i* me aasMww naa voluntarily 1 c nee in certain intorgs see Mtor ll* Section 6* BU 6th* eM* MM* ™ ni ~^th. IS'e g., 14. 14* of the mrquis Theodoll* . r.ferlin, and g. Foes, Ibid., ?th. ***b. Cf. ibid., Sees., lOt'u esn*, 164-72> Vth. 2. RESISTING INCORPORATION OF MANDATED AREAS AND POPULATIONS One of to n»«t difficult tadcs to ehlch IMndateo Comto ion hao devoted Ito attention baa been that of co toting to Me® that tie mandated v territories and their peoples arc ligitiMßt* spoils of mr to which the •* datosy state® have fallen heir# A© .rufessor 1 battle at th Fc • Conference* batmen wlls.n 1 © concept ion of trusteeship and lope rial lot soe£K?d to haw ended in a conproaloo toreby the Allies they sere gaining to substance of smsmtlori under to naw and form of ’mandate®#** It io mil knem tot one reason for classifying to territories M* three types ms to render the inoorporation of *C** nondatee omgr« AMlg the delegates .at ?arla # Gmaral 3mts m eepeolally tft favoring to 19 annotation of thio third of territories# ven ef -or the mandate system had been he declared in a speech ■' , . w Xn effect f to relations batmen the aouto est protwtorato m to dnion arr>unt to annexn- tian* .JtUuut owxathjß the Union amid under the Peace fBNBfb do whatever 20 it could have done in annexed territory, the reservation - the natives.* 1 The views of General seen to have been widely held at the thac* and there app ared to be MB legal juetif leal lon far them* HBH ■ gf BB Covenant states that R C$ rmndntes v cnn beet be administered under tl» laws of the llmdatory as integral portions of his territory* 0 end in the draft mndate® it !• provided that Mandatory shall have full power of admlnietretim and legislation over the territory mibjeet to the (88088 nmdete es an integral Mm of [Bg| ’» nnd my BB MlB of (the iBBBBBBI to the territory* sub|eet to suah local mod if icationa as clmwitencos nay require. ,u©h pass ages* asbiguouely worded as they sere* req :4rod int-erpm'tntion* Co the ■end a tec Cwaleelm fell the difficult tash of giving thea a nsaning Bl eping with the new iAotitutlon over it rmc placed os guardian* In a discussion wllh /-r* halt, Uie official representative of joulh MMHe j.ring the sixth the (Mmlsslm made its position clear* It had learned from ths press that oonsldemblw agitation was taking place in favor of incorporating ;outb~«est Ifries into the Ml* .UM lit -lr F* bugare to say "that as |m| M th® country under the midate there could not be Incorporation* If incorporation foefe place it would be subject to the grant of expiate self*g©venw nt Ml the BMNMM of Mt MMMt* with the consent of the League. ; ' M* Van Hera .triced that th-re ws no objection to -. cor oration af a C mandate 1O& south* Africa *Sf it were merely a question of administrative incorporatim, subject io the a eolel obligations of the mandatory Power. If, however, Lasorporatlon vmld a change in the political and internatio al stat -a of Puuth- eat Africa without this ter* MM* having yot reached a I********* state ** ******** to allow toe *M**M to *MM*** *** inoorporation would ammat, witoout doubt, to annotation, which would be an obvious infmetim of toe mandatory system. p *a llappsrd declared *| IIM question...went to fee root of the gmdotory eye ten. Certain delegations at toe F*m Conference had bom in favor of too annexation of fee oMenwi colonics, fee opinion of these however, had not boon ae* oepted, end toe terrltortoe had been handed over to corto in ******** to be administered * **B to toe nrae of the of nations* It bo contrary to too spirit of tola if, upon too demand of ten ****** toite settlers, a mandated territory wre, in foot, to be incorporated too territory of too ****** power, feia ** not a queatim of degree, but principle* toe mandated territory of ***Meet Africa, administered aw an Integral part of toe territory the ***** was on m*M of too Loaguo of Batteoa* In St MBS of Si SBcelaa, nr. MS fIMMSS Wat •Si inclusion of MSSi Africa in SB (Mion could only caw about as We result of a treaty between MSbMbB Africa, as an independent Gwemamt* mi the Jwwrnt of the Union. 8 4 During the sixth sesalai, the SMbMtal had oacaelm S take wM*t of an MMHMI Si of SB SMI WBNMMMS ’Si* provided Wat the MSnBB harbors of Southwest Africa had been teen wor by Wo Halm 33 in sfull doalMai. 8 She of fie lai ropresmtatlro of We Unlm £Wom.mt declared Wat SB Wm B full did not asm BNBMS ownership# but that St tSSSt revert to St moated terrify S caw of its SSSS -hi its report to We SMSS attested Stt it MM he MMMMb MB south MMbb M meed Mt Mb M Ml M Mi MM Ml MMMMi M MM M MM hnrmw MM the MMM Ml spirit of th© Covenant* ‘ It transpired during the ninth oesaim that th© Union had not MM M Mi MMMI MMi MMMMm MM IM M-M diniM*M tf Mi iMMMMi MMMMe M MB declared MM *MM MMfMM «M mM«M M Mi BMMm M Mb MhBMMi M 4 M MM M I Wtltaa®# If We idea# wa a totally false one# predotainated in BmW 4MMb Wat MMi Ml wry little diff eream MMM MMMfIM Ml Mt OMMMm MM Wie MM MB BMMMMb It Mb taMBMMMM M OmMMBM Afrlea were the railways would iIMMMi belmg to mmmm amMi mm mb m mb mmm* mb mm MBit mm m mm MffMMI M fWd a MMMMIB MMMMtaB Mb law to replace Wat med in Mt MM* He declared that the ©amatory pwer wee We BBOMMBB M Me BIMNM MiMBMMMBBe MM BM MUM MIM Mi MBBMMm rested OBMMm MM!* M trustee for the BmBMM tMMMMi M M|M MM the ImM IMMI mt reside in mi definite mIMM *M Wat this was MB IMM MBMBBIMM MMI MMMMIM MNMMM did oM satisfy Mi MnMhbMM M M* Hees mMM| MM Me ter© *full MBMMMi me inaccurate* Ml that he could not MMB •MM shy it should be MHfIMMI M MM • satisfactory substitute ludleating mnageaent rather than BBHMMBB of Mi properties In MbMIbM Hr* salt ma led to declare that * Iha Union MBMBMMi accepting the transfer* MM Mt railroad® m MMM MM 26 •'- \< -L < , ? G . . during its oleraiM MNMM Mat the Union GowrmM had acceded in mM UMM M Ml |MMMftB IM. it ttMMM MOM MM IM railways ware held in trust m behalf of Mt ©undated territory* A similar case arose to an ngroeamt was mode between douth-boat Africa and Angola respecting their frontiers. Hie text of the treaty contained the following paragraph to which the Coalman of the Cominolon during the tenth session took exception: f ’And, whereas, under a mandate l-jsued by the Council of the League of nations in pursuance of Article Twenty-Two of the Treaty of Veranillos, the Government of tho Union of Jouth Africa, subject to the terms of Vie acid mandate, possesses sovereignty over Vie Territory of Africa (hereinafter referred to ns the Territory) lately under Vie sovereignty of Gemany? Hie Chairman said that It wno impossible to pass over the expression "possesses sovereignty.* llio oorreot statement would bo ' possesses sovereign powra.* lie contended that *thl« wee on important question of principle, and Uw Comics ion oust once more reject Vie theory of hr. sMt regarding C madatos* If it did not do so, Vie true nature of these mandates would little by little disappear and the territories would be gradually annexed.* M. Stoppard was appointed pg to study the question and sub. lit proposals on the matter. In his report, M* Boppard favored suggesting to the Council that Vie tamo in Vie treaty diould be avoided in the future. Sir F. said that tils was a legal question over which tie comiasion had no control. But IS, HapporG replied that *Ho thought that the {’omission not only had Vie right* but Vint it wo its duty, to challenge the assertion that sovereignty over a mandated territory was possessed by a twmdatory power.M, Palacios believed that all membere of the C<x®isolun were agreed on the principle involved but Vint they should be slow to interfere wiVi the treaty establishing legal relations botwon states. He said Vmt d- Jure sovereignty could not be in the mndetory powor; yot 1% exereloed do facto sovereignty == thet is, posoessed sovereigmty. 1. d'Andrade was of tho same opinion as Bir Ps tugerd and . Palactos. M. Ven Noss deelarsd that on overy m&sm shen the Comnlesion had met with the coucsption Lawvolving the right of soversignty of the mendatory power over the mendated territory, 1t had ope posed such corcoptions He seid it the Comalesion should not deel with the theory of the matter but should see that the mandatory fifimfimm soverelgnty over the territory. The decided to draft o note on the question %o transalt to the Counell, = its cbuervations rosding as In sccordance with Artlele 119 of the Treaty of Verssllles, "Germary renounces in faver of the Prineipal 21lied snd Agsso= vlated Povers 01l her rights and titles over hor oversea pon~ sessions.” Article 22 of the Covenant of the Loapue of Hations lays domn the principle in accordonce with shich the adminiotras tion of these territorles has been entrusted %o sdvensed notions as Uandotories on behalf the Loogue. ‘ The Prineipal Allied and ‘escclated Powors on May Tih, 1919, deelded thet the mendate for German Jouth-tiest Africa should be conferred upon ils Britennie Majesty, to be ezersiaed on his behalf by the Government of the Union of South Afrieca, and on December 17th, 1920, the Cowncll of the league of Hatlons defined the terme of the mandete. | The powera exercised by the Union of douth Afriee are those conferred by the arrangenent has just beon doseoribed and which hes been aceepted by the Government of the Unlon, Undor the -;.. the Commlssion m:g fi;@%@ such an expression as "possesses soversignty” used in the pree a phrose as fizgm&m the atgi ngag?wm be ia.::afii: define correctly, having rogord to the terms of ¥ relations exleting 'M mondatory power and she territory o faet thet the Union Government ignored the resolutions of the | pemntseion lod 40 further dlssussion during the oleventh scesion. i Van foss 000 & munber of sasne Shih hod artens Su Bhe post and Shleh chased thet nlssion or the Gamell, or the mndatory powers themelves, over to M|M that MM territories MMI in reality an Integral part of the territories belonging in full possession to We guardian* s Be said Wat aowrelgnty ma mi granted, to the tamdatory powers# Were ma no MB to BM that nations would hove agreed to MMtw •« part j > own territories by virtue of* a »®andate 8 conferred by an outside authority ®in WB MaMMMWMt m to my# M M®w of BUM* He point' M out that M MM resulted over failure to MMMMM BMm ths pmsesaim M MM and Weir IMM M MMy hold its of administration not in BMBI of its sovereignty over We administered terrl* MB Wt In virtue of SB smdate aiMMBt WB Bl WB of MbMI ai ■ M wbjwt> Hr* SMt mb asked blmtly 7> whether We dommsamt We IMWn of daith 4frloa regarded We a* | territory of SaMMMA Africa ea a part of its own territory# ttiloh sae to mying that ■B territory ms wnslderod as MMM* WWo Untak 1 He replWd categorically SM Jouth iSMa* iwt amassed Wat territory, We Govemamt had never mntioned We word mmsmtlm and had MM* tried to mmea tlw 50 territory* f ’ Ba its report to the Corneil, tic Comiosim pointed out Wot We la IM WBBIp seemd to a legal mlatimshlp betmen We modaiory fM* Ml We territory wider maMate, give occnsim Sor iMiaidewtandlng* ** Goverment of the |MM Ml therefore MM IB Wether the tern *po®oe®aea MMbM We .t of MMMhIB full ponere of MdMMMMI Ml legislation in gouW- West Afrloa street to tie teras of Article MwMMM of Wo Covenant, &r blether it MMM Wat We MMMMB of We MM B®MM itself M aororolgn over the territory# iho Union Goremmt replied* disolal&ing any intention of annotation of the territory or any properties therein. he ,e/jAv : .; ■; --leon le co ~<ct V. c' tao ' ’ terri tor loo# ihucb in oxo lining the 1252 tieport on Brltloh Togoland* the Goaaiealan noted that incoqploto in:?ormtion ooa given, a condition shjoq* ingly dm to a lock of distinction the adadMstrntlon of tho onndat© csnd of the Gold Cosot, with r4iich territory mo competed for gwemmnt* al purpeewa# In its report to the Connell, the Cocnilsaion annomeed the fol* lowing mlei Ihe Comioslon fully that th© Incorporntlon ' of Togoland with the Gold Coast io neeeaaltatod by circumstance* and in in no way an infringement of th© mandat©. It gives rise, however, to n v rious difficulty as regards the Mil of the em&ision whim has to give its opinion on Vie administration of the territory on the bools of the annual report. In order to overeame thio difficulty, the Camioalan should hove nt its dlapcsal as documentary wld<mc at possible* It would there* fore be glad if the nest report contained as clear and complete & as peaalM© th® orgmlaatlm of the edaii> istrntlon of Togeland, tcQe-thor with th- orrtinmt ordinances of Gold Coast. In it be glad to bo infomod regarding powers of the vwrlow adalnistrntoro and to know to shat extent the natives arc empl ..yea in public ocrvicc. Chile elightly mro date were included hi the 'e-ort, Comiosim wee not yet eatisflad and stated in its c&eervatlma to the Council that If, ns a result of incorporating the mmdatod territories itH its MltfMVlM colonies, WB aandatory |M f vk! it impossible to mi bait a report ahlch would Mb the Cmadsalan clearly to appreciate the mtur»- and character of Its mandatory adolniotratlan, and in p rtlculnr the work done in ardor to an* euro the well-being of th© papulations under the mndntc, ouch ar-oration would. ipso appear to with the spirit of Article M oF the Covenants W to on for QM full md toHMMW informtto ma giwn ond We Cotzssisslcn mde no furrier coowni on Wo mtter, Bl r'rising We of gelgim on Wo notod Wat a oct of Belgiu® declared Wat Wo Mwandatory AmM taM Mft powers of tM&Wto and legislation in to toMtoto sweinlng it as ®n integral pert of* Wo Gcngo* t 3omm oraafwdt® »»o rewired by We Wit Mila admlnlotratiwo fl* destroyed to M*iMHip of to ■ to Belgian $» stoutly denied this, deolarlng Wat We law did not maimplote Waging •to independent oMIMI sWto of to inhabitants, or 1 coaming tool rights possessed by to nattoe, W annexing to la tola In pMMU he doolarods e to Coad®!® will omWmo to be infomed at all to Icgiwlatto wnl ABMWMwMmi sets. It @lll Im Btaitot io It tobies, leapt separate thee® wmmlng to Belgian witalning infnmatlfm to ItaBMMI if to ; 1 1 '' * < . ' ’ '-ap the Molnlotyotim Mie torritary, md Mw accredited ft will hoe Mm hnrwur to that report MW ymi mi to giw ym yon my dosto< e * 11 1W report to to tomll, We CoaMmlon Wo statomt of to official tire, his rewjmiatim intmtlm to ernes the ae bluing m to to Deport m RW3nda*Mrmdl Wt dwlsntico Wat Wo law did not wlolat© or Intmd W W© prlnolpla 41 of autenmy of the territory. 4 The Gauaioslm has few minouixmd the principle that mandated territories, ntthoufii incorporated nith oolonioa of th© mndatorloo for mkslnistMMM mot bo reoognieed m automxaouo jurldioal unites further* mro, it has insistod upon the observsnm of the of the principle racier Ihan its acre dorrnl acceptance. To that extent hm It euo* ce<?ded In securing th© ©fiectiw observmioo of thio rule? In tie *A* territories there cm bo no doubt of Taue, Iraq la reocgnlecd a». cetMmtlally indepondent, ImMoS 4MB FotllWMßt M|t • 42 Stsff aided by British adriecra. palmtlno le In charge of a British OcmdLaoiamr with a oeyaraV local oWf, ant steps are being taken to onoemge local outaiany. Syria io in charge of a IMMMAMM* of MMMB iOltMBl W • MBH BM* if AduUnisirstorsi a few French ndvleore arc ployed by the local Govom-wts. As the French rcpreeentntlw, M. de Cslm, declared n lt could not bo said that a French Government existed iln Syrla. There was merely o politieal mechine which brought en influsnce S 0 bear on she native Government. o adminfotretion was earried oo by he mative scmlalstrotion.® ¥ I the "n® Sersitorles, mile odainistrative unicne nay be establishod, logsl separetion cxlste and soparate adulnietretive steffs are malntelned for the mendated terri~ tories. Thus, the 1924 Report on tho Dritish Camereons docleves Shot vhile the mendete is eduinistered "se 18 forned on integral part of Higorie, this adsinisiretive arrangement implies noithor Sislon nor tncomparation.” " Aleo, while British ogoland is jodned to the Cold Goast, 1% 1o sduinistored by its om distlact otaff, 'O Tho tw Prensh colonies of 7ogolend end Cameroons have their individinl staffs sspavate from these of the odjolaing colontca. 7 Janganylim hes 1t own Governor end subordinate staffs © Rumds=Urundd is undor & seporate Noysl Comstsslonor, who 1o osslated by a Chief Adainistrator in Muanda and & Titulor Resldent 1n Urunite . Likesleng: Jogal stantatretivs smtoncey Lu Pestgs nised ond meintelned in Whe c* ferritories. Southefioot sfricn has its acparate ‘dainiatrator appointed by and responsible to the Government of the Union of south Afrles. 0 festern Semos has its oma rdminiotrator reopansible to the lew Zesland Govemnment, senisted by o staff of oube ordinates. ®' similer arrsngesents are found in Neurus 22 and New Guinea,™ South sea Island® are under the of th© South Seas MMMb established in MMb on© of the ratal of th® « taMM grsm# is in eharse df a MMM Mb a tataMMa staff» Ml tom aMMI ta tie aondated MMaftal mlr* It Mil thus hi eem that far all prwttoal the prinol^lee fw Mfb tantMM tai omtaM Iwo bam M put tan ymtttah >0 hoe* wer> is Tlgllmat 00 that the do nab low of Swlr In the mttw* odM. I tiw are taw no oufctmtlal frm the prinoiple. ' " ' ; ’ * etsta I Ml mMta teMlMtab >e tatata Im taM ®ith thio tMMMb frm the very first aeeolm ohm it noted Wet smith Africa ewMMl* Intended to incorporate the Inhabitants of 3wth*fwt Afridi into Its political fhs MBrtMMB mt the taut wi Imo* dUUIy rwogntad ata the fMtai WB iMMWI tB MM position mt Ti rntlrea in areas* • Ml ommll In tarn aAsd th® of the Oenalwlm ami two of his to the out? Jest ata present to it a Mb Mf dis te th® sstlsfaetlon < Howisll# the to ,mtter« In dtsmimilns the before SgMMtdM* am w of dyMta that the mb»» ohmM oiwll met elsarly to UttleMMlO 4Mb tyMMi It ®oiM be- to th® spirit of the Cwmmt' ®nd to Hw m shlah Institution of abates la base.., tuat tnc inhabitants of the a roes in question should unoonditionalip be nssVillnted to the of subjects of the mndatoxy power. 8 Il© tlwught could not bo a wholesale naturalimtion of the Inhabitant© of mandated torritoiy, though there would be nothing wrong vulimitary Individual n-'turalibation. Ho that the Coaalasion submit proposals to the Cornell which would define the statue of native inhobitonto, giving tliea a position separate and distinct froa S 3 that of the subjects of the mandatory. Accordingly, reoolutl<m w adopted, and sent to the Corneil, dUch, after discuaolan# adopted a rosolutlm defining the otntus of nationals of mandated arene, no followsi (1) Tae etnta of the native inhabitant© of a raandatod territory io dlotinet Iran that of the nationals of the Hnndstoiy Fewer and cannot be identified therewith by any process having general application* (2) The native inhabitants of a mandated territory orc not invested with We nationality of the Jandatory Power by reasm of the protection extended tu then. (5) It io not inconsistent with (1) and (2) obevo Wat individual inhabitants of the masted territory should voluntarily obtain mtumllmtlcn iron the Mandatory pow-r in accordance with arrangements which it is open to such power to Kirke, with Wie object, under Ito aim law. la desirable that native inhabitants who receive the protection of tex? gnndntory power shall in each case be Ml* for© of dcmerlptivo title which will apocity their statue the 01 Ihe Cmniocion ha© carefully Investigated conditions in the several territories to detcmLno that the principles nmomcec! by tho Corneil are respected. Thus, during 'th* fourth aeooion it dloQuosed Wo mturali&stian bill ponding before the south African parliarnntyHth • view to escort whother it violated the terns of th© resolutions of Uto cmmoll* Did tec net the mo of ©ospulaian to muse th© Gcmm inhabitants of South* west r frlon to beeM© ©itism® of the union? The ©fftolel ropragmtetive of th® Uhion asourod tee Cauaioo ion teat tahabltaate could ref mo naturalto* tian if they no desired* The Union Oovomnont outecqucntly ronourwod nny 65 intention of using force to require the Qeimne to become naturalised* After inquiring concerning th© policy of Hee Zentend in Western 3»noa# th© Codite ’ion w o assured that no injuoticoo would be tolerated roapeetlng to mturn 11 Lottai of Inhabitant®* In div id co la could voluntarily besom citizens of Hee Zealand but they would mt be constrained to do Me Tie Government <a regarded to inhabitants of the island no wards* During the tolfth session* asabers of the Gomi salon consented on a statement of the 4dainlßtra~ tor of Western Sama to to effect Usat to inhabitants wore subjects *of hie The official representslive delayed tint tie Administrator had merely allowed atoolf a little latitude in the speech md© an to King* o birthday and certainly did not claim that BM or Ite inhabitant® belonged to tu© British an explanation which was aatiafnetory to the Cosh 66 saleaim* The Gomimion m snowier oecaoion elicited fron tee reprooentetlve of Japan tee dMlaration tot to inhabitants of Ite aandated iolando 67 *not Japanese subjected 8 Th© official representative of Japan later indtotod tint the peoples were legally defined so sbiten to of tee iorr-. land® mder mndote* n Mkewioo, t,xe Belgian represent tlvo ©plained tot Wo inhabitants of Bwnda-urtrull not Belgian oubjocta but were oificlr ly Imom sa *naticnals of Bmndo*Urmdi« w z Txe French has doolarod eIW respect to its sphere of Togoland, tot Mo are regarded os people B&dalnlstorcd or protected under mandate, * an intermediary eta to bo* . * 70 tween French nationality nnd absolute independence thus being oreatoL The Qajalcolon during its ninth and eleventh sessions called attentim to the MoMwi idea swemlxigly entertained by Wo secretary of state for MMI*B of Greet Britain mo declared Wet mw ca entlally a part of Wo British framework as other 7 It is thus aeon that ■M MMiM has IM* motive in Wo modatorloo *B* end *o* territories principle of distinct of inhabitants of to mmiatea. In a similar mmer to c&mmloslm has been active in assuring distinct atn to for to inhabitants of to territories* In Palestine a 72 separate Palestinian nationality has been conferred to people* ’ Ctoatoion has Won stops to protect to nationals in the enjoyment of their citizenship privileges, discussing at length the power of the High Gemalssloner to MMM the of immigrants who bad Ml thm» Selves disloyal to Wo Jovermmt of Palestine, holding that this authority m a reasonable one under the MMBMMIb Fslootlna has recently been given Ito own national flog, the first granted to any »a idnted territory, indicating to good faith of Gr at Britain in obaervl £ to ?A of diatlnet nationality for inhabitants of mndatsd arms. * Franco has granted tic oyrimw a nationality of their om. Iho Frcnoa Syria as possessing c •£ ahioh is postponed* 1 and declare that m Umi day the Imn bitanta giro erldenee of ability to gMMM hrmoclvea* the ssndatey will wltidir o. H , it will be reenllod thr | ...: has Umi indopendenoo of the tor* rltory, retaining a nt • oontr r it and toimrd tue & < Iraq gmmo itself to the prlnsi* Tt -lea of the (wemnt and its con titutlcn. • ’ The Inhabitants ticr<fore aabjeota of Vie Kingdo® of Iraq and are not wards of Great Britain. $* urd t to sure tmt Vic prl . of of of asndates is oiterart* the Co loa during its twelfth •omM Botot Vie powers ooatrolllng *B* and territories to Indioato the eMtftßß they /g had takm rowMMC to HUb : If Itanto* satiafaetory t)0 ilea haw nU- /■ "d K ‘ arbitrary f it la of couvonlenoe In . to Comalr , * ■ act titles in e adainlctn- I . I?. to ■ resent ehn W> 3 with the more rwcota of the question# mtoquont topters dlmsg to more important particular questions# 1 • sad ..odd . o'’it too 12* X' s# I# _ja* quoted P*.hC«? eluates* 2nd* ess.*92* IhU etetemnt waa*m3e after the Versailles Treaty had been YmaeS but a tartly before t e Council Usd ratified the updates. • tt» Report of South* riaa, I*3 citation® to Reports are given refcrrlngw*year of publication. Far full title of reports* eee Bibliography. pinite# SS StUe® 0. "4. s*m„ 3MB> 26« XOtT» # 9th* Joao. t 4;s. RWhn XWi. Sess.,l76-7?. 10 th. Joao., ’ 29. 30. RiX, 10th. Mh* HSU in the mm of w- । Ml jpeloted Wat the mandatory could not possess unrestricted oovoieigntyj that a division of MW -y was tapoaslble? hence# that the snndntoyy Ml W*M? a trustee of Wo territories and peoples MM its emtr< >4# 9 518* tec pngon jM* 3 e ®®»» MB* IBferi 7W Mli W» EtS», Aw IgSL , 213. 41. v 1925 7.Thore me'rosily little reason to mnpoct lnc<a^Mr»tlSfl , W" Sana'a act. Article 2, for instance, provides: I* ftHMteOMM a tm personnel itd distinct®: 11 a a® palrimine propro. des r cottes st sea sent inoerltm S dee tableau spdcisux dans les budget at los couples de la Colonie. ? *ntre see tablets? st lee an tree tout vim ent cot totordit# And Article 4 providesi Ie recratervmt de la fowc publlquo oat r%i Sano lo Bu«nde*Oyundl,pnr dm reales partic-f ' let indigenes de co pays ne peurmi otre 1 quo pots* assurer la polios locale et la defense de lc.tr terrltoire. IM4»> 111-12. >24 t 07-58.1 1927 Xbld„ Ulmtm, M* Sees., 50*31* *” 4> 1924 Report on SB® Hi ” 1926 22151* 4« of looal autstwar In TIO IXS UrW* W M f» 5» A □ trail v® staff ©alate in the . WHh ae®s.> *h * '^7^B" Hopport du Report Mj, ’ Ja >4£h ~ r ?, SO. neporit 5* ■ SU 12. 52< 19 mt. 1921 gmclGl Journal 150, 10. 1124*27. S 6. W7n» io# *■ —*™ 2nd :oss.> J e —B— "j67*72» 61. of the Cowmll differed ecnonhot f?f< Fff\fff; of '. - unisd-n Fit '/-xf ■ ■ f.f' .V ; 7 f- 'f/x : :0 L; principles Minutes, prd -oao., 0» n aS£4 7« 64. xao., 31» 3®sa«> 105. 66< , 6/• 7th 3G33« f 73- 33. '‘3t 083 ♦» 46. 70. JOxjT, 9th 3c«a., M. fhe French have pointed out We difficulty oi exact to to sin to of inhabitants of undated terri- I. lories* Weir moratory position raises problems mioh require area item of Km unknown to .üblic law at present* Gf* _■ 71* Ibid*j Ah Seas*, l>sl Ibid. 3 Udi &&&S* 9 ®*67» ISW;2T~ 79* Minutes, 211-12, 90s Ibid * , 11th ices*, 12021. 3. SEEING THAT LOCAL ADMINISTRATORS ARE CONTROLLED One of mo greatest problems of co lonia l administratim from early times has been that of holding ndainistrators responsible for their oota* HtonM are - L’dv ,\O Lu Cg : udo do 00000 x GO CO GGX Uj - J.d or injure Wo mtivoe, but ar® nor© MMI caused by w® MMM ©nd irro* of Wo ma placed in positive of trust. me ha» been voty coneiatwnt In seeing Wot MMMBMM a re MM strictly MMNMIt M MMI #&t a proper discharge of IMM MW I Wen Wo least suspicion has been aroused Wat oMMwMMMI are so loose as to allow officials to Ml excessively and irresponsibly, aMm of Wo MIMI M MM M «MM if the mMMM ■ M M MM» lhue t «MM|b MMMM Mb bom given WWe fMN» msWl waed by in adalnleterlag the islands north of the MBMb Ihose territories are under We MMM MWe souW Mb Bureau, during Wo IBM mMb of the Comi®aim t g» fm M inquire into. We BMMMt by We Director We . log UM IB pro* Bsaawm aartying a pm I of not wre Wan one feM 0 s’laoment or a fine not ejoeodlng two htmarod yen* Could Wie power be ImMM orbitmrilyt MMMe Wo Japanese before We ■MMMw WMmM IMk *eMMMg W M Japanese cod©, porams night enly bo pmMM in Mm W official could Mm rules oarMßg >ml oMMMh In eerWln mMMMW howwer, Mb power •as granted to high MMMIMMMMt oanplo*’ W We MWMT of Forem&, or ■B We Bwormr of Korea, sho had MMMM MNBBM Ba We saw wy Mi Director of WB MMB ted oMMI iMMMM W smMgMl certain legislatiro neasureo mMBB MMMh e * MM We flfW mMM Wo ■M&oelm gave pnrMMM MMMMb to We powers of Wo chiefs of Wo Duroau bronchos* obtaining tno explanation that they hud limited leg la la Ww powers as detominod by Imperial Deere© or by We Director of the Dm’osu. Lisouuaing th© adMntfltraticn of Justice in the islands under aondoto, g» Palacio© md the hhrtula Weodoli insisted that offemes be defined by the Goremawit and that nothing be left to the oaprlod ol‘ the chiefs of the Bttw rcmi bronzes* rho wore .now pemitted to define and punlnh ©roll sh» MM Report indicates that th* MMMMI if Ijf UM MmMbMMI hove bem rcoadied. BMl© the Director of the south jess Bureau io the©* rctieally H nut aorlood to Ism orders ecnoomlng various matters for the asaftgmit of administrative affairs in th® territory under Japanese am* date,* practically *»11 important mattom are decided by moans of ferial ordinances** Al jo* while the (Mefe of Bureaux soy still punish petty erl"> ■mH offenders.* ”U : Um aeoueed is a Ith the eenteaw passed on x/ hlf* he any apply for foxwl trial,* oltuotion in. Beuru gave the Camlaaion aueh concern during its oecond sees ion, Bi the report to the Counoll the (OEiaisalon remarked thet trio Government of tno island appeared to be the control of three phosphate oomlesiorwre* i&ooe poeera were apparently unllMM, responsibility milch tioy owed to the Augtmlinn Govcmxnt me not clearly defined, camaioeiaa ®o voiy apprsheoelw the pMmre peeoeeeod this Board would be arbitrarily and seked the Gonda povjor to give full infarmtion concerning the provisions adopted for governing terribly, ®ln its imm! Report* the Government of Austro* Xia to the aatlofactlun of die Comloolon that the Phosphate Oaaioalmom had no political authority# but that the Administrator in ■ 36 charge of the territory was fully roopomlblG in oil mttoro* A slnllar question ms involved ton the Ctoaitmim during Wo amtontlon of We Report on Kouru touimd concerning We of the I to Reside over the rAatriet Court* jbe diairsan of the Gob* mission sertwd if it oore desirable for hlia to be ami judge at the aiuae tim* to official rapreoeatatlw that Wo omllmm of • n 7 tn© UVto required a fusion of duties in thia mxw>r. * rMile all ordinances proiialgatod by Wo Administrator arc subject to cunflr.rtion or dislowme by to Governor-dkmml of Australia* acmbors of Vie ccoMosion haw recently noted We dang' r Intent in combining functions of a political nA and Judie lai nature in the ©;’W individual* Investigation h 8 been and© o£ authority of to of Soutodcet Africa* During the third session, nlr p» observed that Urge legislative power© were apparently conf rred upon tills official and inquired whether it wee necessary for eg ordinance to bo approved by the Union Government* dir r. the Hepresentativo of south U'rto b-furo tic Conmicmion, replied doerGGs nero on the table of the Houses oi . 'it in capo lom» and were □ object to approvo ■ or BMktant tgr Hie Administrator ma a Gowrment official# and Ib* - mid proolamtlm* $1 pr i »Wl IdhdbdbrtßdlMß secured the 39 previous consent of the Gouth African iWomnont. 0 In tile oouroe of the ! fourth seaaion# the Comlmlcn ralaod ©oncoming to loml Govern* ' iC ” 1 •” jt Africa* toe OB l desired to tow toetoer there were w W prMolples 1•. <»n OB gOBOMB ft toe OMMBOHi to OB MM* ©aMm- ef toe Me to mtlree mid ahitoe* Baa there to* twm toe too o rather, toe s®» ertoe pu: . the OMB BeOwr ©©mltted a to! to cel oared |OBNBf* Sb too O@OMH onia OMOf OBto hod to to mttwtod wlto aso ••BBMMB toralrlng a Mb ot mare thoi IM* or soe MH 0 taMMMb W W tost MMM *O*Bi tod to to rwlmd a jn^ 9 In ©aaos << ©oe required to gtoo a eortUMeto. M g OM*M*toMb Ml MB loft to MOB toeir m Mdlridml * *| 0 «*|t net totMto W o®* •lai In Ow O*MMI « M MBit to punish a bMB wre severe* to than a «Mto MM* lie assured the MMbOm that there was M dlacriain* etion between shltoe and blasto and toot tufMaistotora ©or g । MBit MO •0 Wir seta. ©f the ho tom | scrutinised to th© CaaMsoion* During OB third MMfe to &n to* *■B | / bbMbMnb emsoming Ooi MtoMto it tot Obbß the too Bblßmßi oMb* hl®» *Dld he atone gMMB legiala tlw powers to th© I territory? DM toe to© Mdbtoßto hto sutordlmtea, m*MB BMP to I thia »ttort Did ObMbß ccmtoalawr MM Ms gMHP to MOM MoMhB IfM* to tot Belgian fBMMMMt tot M|M did MB give detolls re* these fsMß** to© OMMM OOMBOMMOt & Forto®«©» explained stoat Ob *O| itl M the OmMMbF provided that toe High toOMMOM* Mould ordlmaooe IM MM MM MMit bo within six MaMa l@r Me <Me**Mot is # Me MB MM auMeMte M Me Beeldenta eeMt taM V Ml msbjeet to ' Ma of Me omleslomr but eould not deal wife ■ mttere Vmd MMBe Md status of IMMdMMM Mee Mb Ml M MM* Me al lewd BMB MB Oourte MtM M* no ap» peal oe to be hod frea Me MMBMMMI MMMM for wee hero ’ 1 *-' • U H--: awse to i > MB MMM omrofe eMMMMi MB Co®* aleMm again eonoMered the fiBMB of the Bl#i @r MNMMIBb Of Me during IM nlnM MBBBM It MB MottlMl Ml he waa w>der Mo MNMM of the if the BBMM W«llr>h® 'MB •MM oMMBI to MMM MMMMMM Mo CW'Ofßamt# MglelMlre om ' in eseae M ■ 6i MMmMm Mport en . -> Hm t© M Wtlw Authority MMB Mleh# he sold, • ItMß* Re M W otemlw n M Mt MflMßle I ■ re |MbM •t Me heed of Me wrlcm MMMMB ef the territory M fMBMM ©Quid bo eoiwMerM a© Me real leglslßtore Me fee- Ml m dR toelr acetol and eeonomlo life." Tao British representative explained too necessity for granting nido potwro to ndainiotratora in a backward country like He declared tiat too canto 1 govoHmmt kept W«M st ell Ml MNMNIBi evorytotog MM |n*Bßi In MB various mMlmm of Mb territory* MB BBMMiBB agreed Met it mb |MM* vest too rdalnlototor with sufficient authority to into to law end order but insisted tost ho should bo held strictly accomteble to toe dlatoart o tola f met ion* In reviewing condlt too In Syria, acute rs of too Comloclon noted that Captnto C&rblltot, toe AMtoietrntor to toe Jebel £mm, had mploycd methods wliich were to offoot autocratic, allowtog arbitrary arrooto and illegal worporal punishments* r/hy had he not boon adequately checked by his superiors? Did BBBMMMM bodies wist# end* if they did not# would it not bo necessary to SMmMMAb thmf lbs official representative# L do Cato, annmmsed last tie French Government had been laboring wider a delusion is to too miber of administrators required to the X* was true that Captain carbillet had not bom watched careful ly, Ml it was thought that he wee jMMNMhi duty very well* Mi direct MMs the delegate of too Hl h Cdamtoo toner at .wmi# and hesitated to intervene until the rising hnd actually occurred. J. de calx eas obliged to sdMt that tho county had been understaffed and that ’no particular orgmlaatlon existed whose it was q Investigate coaplalnte readily the A.datnistrn-93 tim. ft In Ite report to tw Co.mil, tg pointe': out thio lack of idequntc organl: at Lon end Implied ti it a diangc should bo mde with a view to ensuring responsibility on the port of losal eckalniatratora. Acting on tiic of the Co< mission and roali&lng tic maco jlty for improving local govenwmtal mdiincry, tic Frmeh the . . lotratlm of Syria and mdo eqporvielon acre ©iTcctlve. It io thus evident that the Comsdesion io constantly alert to ace that mndetory governments do not delegate large and dangerous pooara to thvlr adminla ire tare without holding then strictly to account, The olm has never eoted that an officer be removed far mladrilnlsstratian. It has, howevc r, proposed th-nt officera bo transferred after tioy provalw /8 tiw ill-sill and. distrust of the peoples over Oiwa tiicy were placed. It has also co cured cdMnlstmtors for their Its primary interest, hosever, has been In preventing abuse* by having adalnlatrutora bald constantly accomtable. In only a fee inetaacee bM the Chawlas ion been colled upon to investigate aerious atmee of authority* actual or alleged, io. the terrltorieo. 75< Sth Sees., napport* 76* Wijatos* Mi S«Mh* 61. 77* i¥O*> 7th Sosa** 10*11* 78. WuL, Wth SO *« 30*51. for tMM( II 9eo , deport r 160*63* » 12 th itnT • I®. see 1 1 I for further WWoS of the orxdLsalon in restating Lr^orx>ra tian of territories. Also L. H. Evans, w Are *o* MfcMotoi Klod T Southwestern'Folitical and■SpoialOScience Quarterly, 1-400. iM MMM 11* 197*91 ■ ... __ J> serious g MM ar® tried by the Japanese "c^trto, of which there are three in the islands, For the posers of iho director -nd Bureau ohiofs, Report* Uh I<—!/♦ aVI9SS Wort, 26* fb m. Covell> 4 -— a?. "ti> Sees*# pMM* id al explainer'll’ to Uoporta 07* OB* ■> t - 1 " '"* 1 * I*4-''^"*" d 0 •« : "gw * " i or fBIMMBM it appeal MM MlMl lee ■■- setting up Mia &MBMMN mpportj U1<»1& ’ 5 . ' . . , . \-,v : ; ■. "” . I Me MM (MbMbb to fee MMBBMoMBMSI of fee MMBb Bi MB* i , ■'. -. ... :.. ;• - s 7. 0 : terllmmti Ine Belgian MBBMbM la £M|NMMMB to Me I ■ of lotions# ' reedsln pnrt> *•» .subject to toe provisions' of’ any toe for tie tim being to force, toe &datolatr*tlve feflcer oy md> subject to toe gsMMI or special Ml MO of too aMto* .'stive MMaM a h/ heaMßft nettow ?My alter# and mwcM reguletlom# to be obeyed by mtlvm weldent betog the Kree sMMMi ell or wof MB MM*®* followings - h It Mm mum* mtm «udt miters aw regulating toe Md me of totoMcstlng ilMßhto gembllnfb yoeeoMM OBM* col tooting tWMM preventing the Ope ed u eb?eme, Report# W complaints o c >tot the French \duinlo- tnilm In Syria, we idea., BWJB. Xh Idem,, X). ~™ M* Idea.» Ihe taaaiesian, however, noted that ouch were due in l'v” sure tu ion of affairs In t --.'ltory if or mich lino French govern wot was only p lolly to ulsm. -$O. 00/prl । dwre *as demisei , . Mt all ln- dig police, concerned In the Bmdelomrta *xnlr be trans- \ XA Ibus, Captain Carbillot was scored for Hla ’Wuceo of nutwrity” ami I Emeril lerrsH crltloiyed for refusihg to receive mas notables aho oajod tint Captain carbillet saould be rcoo 1 led— inutce *Bth □coo., PO6. 4. INVESTIGATING AND RECTYFYING SERIOUS ABUSES In Ito 18 le as a supervising agent, tie CoEMaeion has been eel led n to intervene directly in the administration of Moda ted territories, gating abuses of administrators and reporting its findings to the Council* in performing this function, the commission hoe oxcrciaed the widest powers, calling the mandatories to account for Weir official oats* Wile the control hes been indirect and discreet, It has yet bom authori-100 tativo and effective* " The first instance of Ornvo chara ter with wilch the Commission ess called upon to deal ®as the Bondelxwarts affair, which occurred in south*. eat Africa during Jie onuses of th® trouble were both remote ana lamedlnte* Fraa to V 22 We and Wo natives were constantly in conflict. touch ill feeling IM Ma aroused against the tribesmen because it was thought they were using iieir reserves to harbor cattle thieves and stolen otock* In order to prevent such wmo-doing, the Administrator of their territory decreed that all branding irons should bo kept by the police or magistrates of We dlatrlot* Tliis aroused strong opposition aenug tie no lives. Again the vi:ilnistfntor in lie* ■need e tex of one pomil on seek deg In the territory, the tea Mteg ly increased mill it shunted to ton k on 1- nance supported on the ground that it was nenes wry to redim tie raob&t of dogs Wot had been Ing an the settle a far- Bere« applied to hirgMe&a and natives alike, but only We Bondoln* warts would not the latter resisted We tax it was reduced percent in Jone one hixsdred of txo trib omen were to pay fines averaging tw pounds sterling or to servo fourteen days in prison* Ml had the effect of arousing Ml bitterest reawnMni among thsob Prob* . h/ - ■ ttr r.; C :U- g> t. hi'T ; - -j ' r " x t Adnlnlatrstlcm to rosognl*i a ailof mod ly the natlvos-~dfooobw» (MriMlon* aha Ml reputed to have stirred up opposition to the MMMMfth |* violation of the law of the MMftMM Christian in MilMI» slth riHea f roti the union and took refuge amng the BenftelßWrts tribo* ’Bo refusal of the natives to MMftMP M* bo Mt MthMbftftM led to open eonfllct* they went Into to a declaraticm if MM ’M Administration sent a force of MW hmdred and mm with four old Germn wMSno md tw eewpUßw mMm* them* oho mMered be* teem four lusidrsd md five hmdrod, of M probably Ml hmdred were so»d< After three days of akiralshing in MMI IM MftMl Iwt Ml am with four or five wounded and the natives a large but wwsc •rtainod nuaber* M uprising we to M Mb The aware mthoda of used by th© iwernmnt aromed such . .leiw in circles,and UMI A wabbly, during Its third action, - 102 rented tar caxilsalon to miw © imr atig©tlc«u Iho Cawlaaim# during its third mda a MMMI imcatigaMm of affair, into the www, maote aad lasedla t th© of 1000 l bMIhMiMMNI and of tbt natives for We tMMbll aBMMb of the dosage dam nd the suffering of W® tribe and awuring WBimMMl •• to We smorw taken to relieve Mt* BMMng« A uiffermwe of oplnim arow in the (maiaaion so to Wo observations it mould raft to present to th© Council. to Marquis IMMI insisted tot the adMnlo tn torn should be condemned for their action* sss On the other hand, 1, d» Andrade we® of to opinion that the Administration had done nothing more ton M* to suppress the revolt# otiloh wa entirely Botti filed minority opinions. to isajority of the Comioolon joined in a stoto-wit to tiie council to the oct that inpaiploto evidence 'before it prevented a definite and fiml reportl tot mco ms to baa 1c Mmw «< the WH M IM MMM iMIMMiM IB tn® intereete of tie nntiv oj tint tii© dog tax was too heavy, the proseoutiono for its violation© serving only to exasperate the tribo) that to policy with rospoet to totolng irma me calculated to increase the rltatign of to natives; and tot tie conduct of to Sondoloarte did not , justify Ml trastemt Wish received* -.MM IM majority of IM MM i Mselm upheld to ooveimmt in MMMMM spread of the MMMfMtfM toy mr@ iwable to state whether to- ayorotlona conductod with due 3 regard to to intcroato of the peoples sbey expressed the rddi tot effoo* < live remedial meaauree be taken* Ihe MmMI endorsed the wnsluslw ■k th* CMMbB *M asked BM the mandatory |MMI MM M *MM M Md** i rate to cconaUc end morel condition of to mttoe In the Bondslswerts Il district> Union ;Woma*nl received the criticism mid rooaxi&da time of Smmll and aomisslon with good grace. Th© Administrator of MMHMB MHaa ordered that Jacobus BMMM* and two other MM to rebellion# fitio had bom mntmwd to five years* for their aakiuct# should W released, and appointed MMMtal a hrndma. We BBMfB BsbMBB of the MMb me restored md all MM& B biMlbM* fßao m leal aeelftMMl Mt tM I rattaw were ©fi B | a •ufferoru A-BltaftUM at ® eoasehst different typo b same c?W during the Drum rebellion of in Syria. BM Bawißß of thie I rbanoe were 4MIMB* docp” v t- . M than In We case M mt stolid mbb* in the MMI .raw iron .. support frm leading Chief© of the Druse® only by I . to grant than ft constitution with polittal status independent of Syria. soling the MNfIMI Bf the * ttraM faally ©ho ws appointed Governor, ms at on©® W :wmlng r hit and in stepped out and rsmh Is Wee Mb Ml diction im I B Camoll yndw We direction of We Fiwßl MMMBI a ’ boWg ohosftiu Wo prtooipal MMB SMMI soon rose in rwolt and Mtlf wtlcm ms a signal for all eho the RMMb to fly. MBs Wo demM for ©MW hod boon nod© fr» We beginning IM mndatft ws b®em» We battle ory ef MB Frame ma o» lltaiy form ■' M order in . BBBBM&bMI the op* icy erstlom becmm pm IMF ■ • *of Da, .. ■ Itamoua maplnlnts were ramived by the Comlssim regarding the methods of sucres© 1m ecjplooped the Fronsh, Mt it M#MM to MM m «*Me ordinary MNifß at nose to rwiew few entire MtM&Mb WB fewoetlge* Um occurred during MNMW9 and tweh# WMb «®b feioraug|fr*gslng* WB OoxUoaioa MN|BBA suah bMMNIB MB We electoral 07a I MIMNA Untoi> UM ■ < Be theea»tary labor INI policy, and the various imidmto eoMBBeM with Me BBHBIMUbbW BBBMMIb the »Ma of few uamfe We polleloa General larrall and OfipteU Oar* blllel* eBBeeBI lotriefe; where the outbreak ooourrod, wre olowly few eefemt of mrtlel Wb and WB oHliasy opera H if the >rwh wre . official bwbmmMHMm toto wm* ; IMb WlMtoBB Bf mde W the MIW oMtletod the BM* poller and |BB» ticket Ml oMed to M|Wt|b After the altmWm I "la hod Wm WbbbbbW Wb Oomdeslm drafted its iWnObßlmb W Wb MU there WWg little MWMMIB of dfMM» W&W dis* i MNMW WW I ABB M few oc-r li of Ite few omtelm gilBM out MMB& MIMB blunder® IMbB I had mdo* We wa WM*tMd for fb I io purrue a ecmiofemt Wi AW eawtant change MMil of B* MWAbWMM mH la Wb Cwm*wH& of few SMMbIb W few WIVWM9 ww held mmMbMB Wb W#t# WIIBBB to appreoiete the pf* of W* foozle wer they were placed and for ruling WB InhaM* WAB B tBB head* febt Uwß of a oonaletmt p MB • BbbW wswe of Me msftaalm. la MWiM W B French hod' made tavMM* We Oemlselon Md not juatiiy 0* Ml* of the loader® of We rebellion, |g MtlMl them to tai Weir MO at Mt* W* I hao carefully followed We step® total Wn*» tatag it* ninth it taoi gOMbtolMt* of syri» # < Mol® on the > mgrees hod tarn wdo gB Ihg dom mrolt »d in 111® |pMR& conduct of WlSWtaB« *" gMbhi duHM tenth ae-aolmt too Fmwh re lUtMh lutewiwed and 112 Grl-, - l.w -o J.O/H <414 / : ‘ Alco> the rwletal We reports I i ©mMttce® of th© Frmeho Mt wwluMl Wie mpproeeim of We wo not A 115 MmM ® in a MHMh W We olwmW MNtMb Wo me m M*t Wst w Mita W. 3> F rM ml Wat Fmm we Ml 114 turnip Ite ottenUm to the of pcoao. '" ■ A third w®» Mte ty tee G«lssto during tee Mlrtemte aotetem conditions M tMtefß .gw ha I tot for aoat We disaffection teak tee fom of • NMMI aimt too Gwomnont. Sie leader Mg a sort hate • ■ '» tot w Mgriev I ■ tot (towmr | tended to interfere MI fegteMt yrofite. ' ■ .to toe to B Md er ty of the natives at toe island .to atorec to refuse iittiMi t &Mu ■ aetire followers wre into so-called jnu Police, being fitted out with by nelson and his aeooetotco* *nie organised band becaao extremely lawless and intimidated, persons who t-■ trade with local merchants# The idminlatration, ro« allrlng toe danger, ordered re inf orcoacnto from new Maland, wardlips beirjg dispatched wito marines, ihm toe forces .arrived toe natives were ordered to disperse, but refused to comply, on toe contraiy, tore© hundred of them assembled ato beach, afwd with sticks,and md@ a bold show of resistonee. >wy were Imcdiatsly • six sontos* but were on the condition that 116 ' toey go home end observe tie laws of toe territory. Iha cosMaelcm investigated toe conditions In patera x»b with the pur .oae of dotomlnlng the actual causes of the trouble. It hod before it the report of on impartial and export ccminoim, appointed by Hew Zealand, •a a basis of the proceeding. Although this report completely exonerated the local Administration, lumbers oi Cornice ion insisted on Verifying the findings. The possible causes of toe mrrst were discussed in detail with toe official rcpr> sent* tiro, Sir James Parr, Tae couple Inta of toe ruropean population— prohibition, toe copra policy, too alleged ex- Bramgsnee of the AdMnlstmtion—were rwlowd. Likewise, t. of toe ismoan people with respect to native self-govenwent, to tonlshaeats, 117 to the modleal te* and the like wre In its report to toe Cornell, too aoa.ils don declared thatthe Admin* la tret l&n hac riot violated too in any respect. Un toe contrary, it ■kt made every effort to bM of life of 1 v- lotion* the action of Ileloon In preying upon toe alndo of toe impression- able natives was strongly condomed. Hie mandatory was congratulated for appointing the commission of enquiry, and for the full report rendered by it. The natives were advised to resume their former attitude of confidence 113 in the Administration. In r administrative acts froa year to year, the QawX&filGn denis with any number of ccxaplaints. Among th® n»r® serious problems diioh hew been constantly arising are those connected with the a dministration of alestine. The Arabs and the Jews occupying the territory hevc been unable to adjust tnelr differences amicably. The Palestine Arab Congr as has del* uged the commission with petitions, complaining of tho economic and political policies of Great Britain —declaring that concessions grandad to the Putenborg interests violate the principles of the mandate; that the Jewish population of constantly Infringes the rights of the Arabs; that Jewish immigration is so great as to injure the econo, deal welfare of the 119 country. To all such complaints xcept those actually challenging the 120 mandate itself, the Commission hoc given careful attention. The most coreful examination, however, has failed to convince the Commission that 5 the British policy is unwise or unjust. As a general matter, the Commission has stood strongly behind tho mandatory power in its effort to reconcile 121 Arab and Jewish interests in Palestine. The Jews likewise have been free in entering complaints. The Zionist organisation has remonstrated that toe mandatory spends more noney on Arab educ it ion than on Jewish education 122 I and that its immigration policy Is unfavorable to the Jews. The Ashken- aaic Jews have charged that Vie Pianists have to their r liglon on the QrViodox in Palestine# particularly that they nave iitcrforcu with Vie 12> proper slaughter of Kosher iMau To tie >© and co plaints, Vie co>* mission has given attention and has sought In oaca esse to conciliate Vie 124 points of view end sake whatever adjustments arc reasonable. Eo/Wr 1 as® Seoiliß 1 st MUI ©hsptor- aeo 000., 117-P5, 102. Pecorda of >rd wmH . M$F Hating©, Wl» !•> 81, ♦ ~ *?rely bew to express his IMMtIIM M*t the officials of the mrious southwest Africa administrations who cane I froa their Civil Service sere not Imbued wi . spirit which was t spirit, the’ jandotoo. * gfjutos, prd loeo., ? M. , 541* Report on Bond els, Sees. 9SMXS, W the 6th MMMe the iln .i 'm?d by rep^^tlv. .. ,th . • : bi had boon aBMMMM >fied and t Lt&m had been restored. MMmMI M* de Mb w<- Mil HP** 0 h dilutes ,8 th Sees#, n4~o # 103. 30-88, 104, E ; 184-29, 1 • 131-06, i g wp. i 1 wm > * Wa w*e* 110. olnaUa, Oth OoesT, , . s> 5 , or- 112* TbSX # : . , ■ *2f; oc 'o 7 rapport xor IX&* 'Mkh 115- W 6. ~ 11 -fo B * 141*45> >4O? XMd*» l?if. ' ISk ' taiiiMWW*tail ms repSßedt utauteot 15 th seea< t lOS ft. U'X' Oth' 1 >4, ff . 117* • 119. '6th Boss., 160-65. 12°. Tdem., 121, 125-29, 219. 121. ginutes, 9th doss., 224; 11th Seas., 209-12. 122. Xbld., 6th Sees., 18>8 £ J. 5. MAINTAINING STABLE GOVERNMENT, LAW AND ORDER One of tie emt iaportnnt obligations r ©ting upon tic mandatory pother© la that of eatabllaming stable govomnent and maintaining law and order in tie territories. such duty is implicit in the concept of trusteeship! tie more mvanced atatea -if emerged with a alsaion of protecting and guiding *peoples not yet able to stand by themelwa under tic <tr nuous conditions 125 of Vie nodem world. * ihe anndstory power is called upon to place © sufficiently large and well trained adalnistrotive staff in the territory to enmre that it la governed properly, fto hao sauch ettentim to tuio problcia. Bogixmlng with the third, report to the Codicil, it has reguested time after tlao the mandatories supply infomatlcn cojiecming th© organisation and pooera of the adainistration in each of hie undated 126 areas. With ths data supplied by the anndatorles before it* tie Co»is» elan has carefully studied the subject Mth a view to sc wring itoelf and the Cotgwll that Vie onndatarics 'barging the poaitivo o thus assumed. In the InotmccH Wier® the official Reports avo dioelo-jcc an inadequate etafllng of the mndatoa, the cca ilsalm h-u 3 cd'Ou attention to the o iort-oouing and Ms that it be remedied. Tiua, during the eaaMmtlon of the Report on Kou Guinea, u, orto odd tint ne had tic inpn-asion that the Administrative 3 toff we merely temporary 11 Ito arganlretlca end e- lr. d If this wre actually the case. Um of* flei&l representative, sir Joseph Coofe, explained that Australia was at the time inking steps t® establish a pemmmt staff .1 aorvice rules, mdeling ’Uie aystea m that of Pttpm, ahlcn was oomidcred n very W ou«meeoful plan. ihls action «?as approved by the ca.olaoloa and it 120 neMd for mro The depart for details about the public sorvloo, indicating Wt a full staff had been regularly - tap ouployed. cxrMaing the established by the French in Syria, the Camlolen took occasion to note their lmd-?quncy mid to sug* geat that the ad’Mnistrativo organisation bo Improved. Me Oonsteolon free* ly the of the Frmch staff both as to Its nine and no to its trnlningx, declaring* Iha active and dominating r3l@ thus MMMMBt W mandatory Administration In the goromaont tn the native atatea required, if colliolona were to be welded, that the officials who had to curry it out oh .old poaseas high professional qualifications and intimte toe country. But the stuff &ilch ®as of toe mandatory Matniatratlon for toe met dellmte and highest duties, even for those of state did not constitute, owing to - rally of its • soff 1* ctontly teh body of officials. totes .n, appears to be be oubt, and the . I to ampellod to record it, tosugh It io no "W blind to the dUFicultlen of constituting a complete adtiintetrailon with a staff dram from different sources, anti unity have not been cctobllauod by traditions ; CO zX) : -G/lnf ; qy’ ; ■ raendnturics have further bom urged to bring as much of to territory under control Ml possible. •MRi durin f- tlelal ropreomtatlvc of Franco# 1. was MMt whether the whole of tie French Cancroons hud bom brought under the direction of the Administrstlm. Ho replied that thio was true and wont on to explain tot the province mo divided into districts and officerod by am trained principally in the Colonial chool of Paris, being appolntod AiMViiatetors only fter long experience in colonial affaire. H® assured tdo om<aslon tot tiie edMalstrntive orcaniiation ms of sufficient inportnnco to allow the 131 officials to iel low their prof cool on as a career. Iho O&nolcmion has expressed the opinlm that the should occupy and reduce to control all of the territory iMfeW Ite choree ns rapidly as condition® por&it* and tot the dtaff dMAB be inereeoot: iVBtMMMpft It has taken core to see that thia principle of aouml colonial administration 13® is observed. Hot only la to mandatory power required to mlntaln odewte staffs find to bring to territory under control but It is also obligated to tela order anong the natives. Wue, to Oemlsalm daelnred, during the review of tho hoadelcaria affelr* ”Ae regards conduct of tiic ©peretlona# it ie net dirtied the W ovl* dent that aootilltlo© were inevitable* noted wisely in taking pswpt and effective etopa to uphold Gove mam tai and to prevent to op read w of fee dioaf foe tian* 1 ’ In fee waffle amor, fee nnadafery mo hold ro- epomlble for puttie down fee rebellion in Syria* to Oarnffllselon deelarfegi fee Oemiaalm thinks it sufficient to point ait that It is pert of fee duty of fee nandatory power to maintain order in the Band rritorio©# Although fee w. edition of tills duty nay oblige it to adopt measures which are particularly painful when they aye taken by a guardian against hie ward, Mb MMMVM arc only defensible in te for eg they are necoasary for the restoration of peeoe ®ad do not create umeeesaaiy suffering or arxiao juotlflnblo resentment* In isords, it is desirable in Syria as in other aRmMM territories the goremlng consider* ftttal 1b the conduct of of Uiis kind should be to preamre bie aorel -.athority of the mandatory free fim nil blmldi and to do ©ay the fu* turc success of its policy. likewise, fee Comieaim agreed that fee of o/= aaaiiaad fee duty of restoring order la tot territory alien W> recent dleferfenoeo took pla©e» Tae chairam declared feat all aoabero of the dosian were of fee mMMM that th© principle of authority suat bo raelntaihed* to □andato cominaion did not exist to torpor in any wy tiie local authorities in tielr efforts to maintain order and r- apeet for autiiorlty, Qa the contrary, it the Hew ’naland Eovemacnt to IMS list it woo strongly supportiM by the ©©□□leeion in dlwwr ;lng this lapow* tive obi 1/30tian, Bi Rappard said that mndstory power was in Bb poettlcn of © tutor, and a tutor did not punish hie ward ®BiB Bl® latter ws obviously Insißcrdlmte* failed to perfom hie Mp» |B IB* mandated terri* tojy» the first duty of the Adraialatmtion was to mintain order and it see 153 justified in using all rwecnsble aMB to accomplish thia purpose. Ihe anndatory powers ore also r- uired to restrain ad prevent the ©buses ©1 native chiefs, so, under the aystom of indirect administration 1% employed in the territories, nr© imed lately 1& control of the tribes* In several eases, th® Coaileolon ho® expressed ap-irmcmion mat the monde* torlcs allow too gwat opportunity for I|B chief© to act bar* Ing the first session, 4, Ven pees crlticlwd tie French system in ICgdand vulm save district hendnm very extensive (xswera, allGwlng Ih«a to hard labor and even to punish with the death penalty on th® approval of th® 157 Govciwr. me Qomlsaloft mo stibcogumtly aa.Burwd tint supervision was exercised over HB chief® <MMM ‘ dainiotrator®# who held the® 153 r capons lb le for taeir acta* In reviewing the Report on tlio British dbhirmn noted that the of Wi teiTltary we lift to native authorities-, ' He g*MWi out that Article of tee Covenant conferred obligations on tee mandatory power to govern the tcrMtory; ©onoequ»ntly> tee auiefa should not bo given liberty to abuse twir powers* Certainly it was unwise to allow tim to practice Isa and continue human socrlfiuco. no so® of the opinion teat Article of the Covenant required ~?orc control. In ito Report te tee council, tec oalds • •♦Tie OOiomisslon took note, with very great interest, of the aotaods of indirect administration applied in tee as reviewed in tee Report and explained by tao accredited re presentst ivo. dlaousslon of those me teods,certain ambers Comlasl n expressed doubts w-wth-r I ry wide aar* gin of freedom allowed to tee native ohlcus In tee north flight not poaclbly result in the toleration of obwco and to perpet* us ion of pr ictleea waich it la incumbent upon teo mondate ry power, in virtue of it® also lon of civilisation, to or modify. Tae Gomission noted with satiefaotion tee replies of Vie accredited repr- ocaWlve on those pointe* In order finally to remove all I iRPh nowwer. It would be glad if the next report were to contain more detailed information regarding th* numbers and duties of to ' uropeanteteif entrusted with the supervision of native adednlStratton* faring tee emdmtlon of tie Report, tee members of tee caxAoslon raised tee question of controlling Hie native telcfo* d’Andrade noted tot tee native courts had power over life end dwth and declared 141 tint thia waa lio pointed out further that a In re number oi tee natives were sieves of fetiahim and tent some instancea of can* nlbaUm existed* He urged tot tee aandatory power be careful to provent ebuses which would result from MMMW practices* to Report for Indicated to the satisfaction of tee Gomlssicm teat Algeria enareieing Ml it emtrol mm the r r;iua 3 MH? ellMmUng the iAs . mWo within to eptwre of their aotlritto. 12 less.# 101-ol?; - SWTgB&.g IUMA* 105-IQ, IM 21&d& 219-22 Th. Commission upheld tile British oduceticm policy in pnlutlne ibid. g M M*«* 205* Also it was unable to say tn©t tie orthodox Jews were euSffwrlag 1. Justice. Idea., 2/3- 26s Ibid., 11th seas., 21>. ISR r Article 22 of the Covomxyt, p «ragraph Is Vic *o® andates provide it the mandatory shall be responsible for the peace, order ruu good .ovsmaent of the territory...* X 9inuteg, ■ 5C * ue. 129-' Jee pp. i-Q. toe examination of.ttwmyrlan • Ml 3M« MU M FrenM requirements 'of too MMMIM by staffing ths coin* try with competent admlnXatratoro; see 1927 Rapport, 52 ft* 01 • 9th Frs©., <52. 02. set to Investigation of MMMI in new MH gtotog Ito mnm ♦ For Mml Mi territory mo aragi r central and how MMIMMMI Increased, r-c-port on Hew guinea, pp. SMO, sMlar problems have prose. V.J otor territories; fur thoßritleh Cnuc roans. Hie Coaoisoion din* sussed toe administration of remote parts of toe territory Mli its 12to awUn; Jlm tee# 12to xne.# Hl* ~ Tll £o7* the coot of Miliary MMMMB la Syria acrot Total Coat paid by Ml f l<£> ,500,000 * * « *» Rapport, S 8» ♦ m© declared In its report to the BeSOFwat It of th® greatest lapses®* Wist it should bo clearly understood that fee m datory power alone la responsible for mlntalning law and order in no© with the I < > 05* 1%. Sc© next icetlon* W* lUnWo* Ist Seoo., 23 Wport on French Chapter 6, 153* Opioid., 79> jlnuto-t, UUi e 0777 3 on t - .y'J,' . pi lor aTataaent of condition:? critic!: co. —- 140. ginutco, 3te ieas«, W- , -.z - on . \te . , ■ y- ■ ? 6. DEVELOPING NATIVE INSTITUTIONS the prlneiple of MbMmMs imolwoe the dwelopaent of th 'M* owl and social life of the >«e|lea under mode to. la fMBBBMg UM funo* the comission haw insisted that th® ®ndaterp powre follow t. principles of MB* OtMM MMMM W MtIBMMI. his opinion Ml that of his MBMBNB m th® oomieslon Ml he BMB shed that, *f t a wise policy to BM* BB MMBB to develop in his own •phere and te work as far aa possible throng the thief •» while naturally subjecting those MM* to W* eloae MMM* n fie stated further thet n Wie WeMBOB of the mt lee should It ©undwted i£tM& the Work of his om Institutlwm BBb BbOB the miefa ehmld be submitted to mporvleim# ahmld not be BootßMt* W resulted in 14> too Bwrtß •• solution, .MBi MMNNBMB untoward Ihe probit® with whioh the mndatorles and CcsMsaim hwe had to deal 1® WlB of soaertnlMng the dleoiplln® and BMIhBMp to ahleh th© mtlwea In their trityl life rsapt . ehO* the best elements of mtlw ♦tltutlmß# to of their Ml to dew lop the® Ilie lima of their own otereeter* Slue objeet i© ti Ml peoples under amiate within the scope of their own peculiar genius, to develop t;ca ulun < -U- /' .n infr t \ iml'/tl:,A;a .a. the «hllo civllli’lng their habits ana aodomlslng tioir oolitical and social limitations. In order to mwure tie mxirim devetepoent of native i lotitutlom, fee COLnl&aion hoa agreed with tee anndotory powers that indirect adatoiatrotim to dwimblw* Hiis ays tea ie simply the of tea territerlae timti tee nntlw auUioritles. Tae attitude of aaatero of tie Corxiisoion we exprosnod during tee third somion by 31r F. and Lh Beau. Sir F. Lugo rd thought that the indirect ays tea of administration mica conelated in giving tie mtiwaoe lor o a share so passible in the control of their own affairs under tuc supervision of ruropeana t wa the only nethod of -muring the real advancement of th© population. Control skis indispmsable in order to prevent abuses , but it uno advisable to Ix* culcato in the MltaM • ■ • visibility Ml to ecu* I o then so oh 1. M 1 Itai at possible, not 0 . i the ad* . tatadta ter laid field. 4. geou though* ten nil .is colleague® Ml COtt&s* sion t in principle on tee Ml oust be nc cue toned M govern theawlves and the best way was to entrust thm with ouch a ainistmtive Jutloa ue tliey noro . perfomiM* HMI as Sir F< ?>Mgard hnd stuted, to control thea, but they should be directed by tiie oontlnuom action of un advisor who always by fee ir aldo—not by a conn tent interferes© at every iwaent In feoir affairs, but by tee exorcise of a continuous influence by aeons of persusaim and counsel and by gaining their cotuidence. Osabcra of the howevc r, nave declared that indirect adiainls* tration should not prevent the- effective ©coup®tian of the territories and their control by the mandatory. M loooi ouould direct to native ahlefs, put an to to tneir abisee# find no Ml to eduostd and elvilUe tic people under its osre. Xn de with the subject of administration, to CohTiiaaion has constantly kept before tie mandatory powers the neeeesity of training the natives with a vies to MM| them ultimately to stand alone. It has Inflated tint the natives be allowed to oxeicioe political power on far so coiidltiuno will permit* native chief© should be asaooiatad in the adUixlstrotlan, ruling dliwtly over tielr people by be lag responsible to the 7t> 147 ropcon sdninhr.ratlon In c-adi territory# ’The ha# exorcised lie Influence to cause too lasndatorles to allow Hie native rulers hi all <,.'■ = iku .g.urlg/ no ■ '..eV ;.: r ku L; tu-ru he ■MB W IM MMMMMMB MMMMM varies from one MMI to mMMi but the prlrietyl— tMMI by MB tribal life be fVMHV* ed, thet the authority of diiafa bo respected, and tot gov mient be car* rl©d on through to native suthoritlee*~ere observed. Thia truth io evident ton to al tun tian in eedh territory io reviewed. In the *- * gxindotoa tie system of indirect administration in generally utilised* the aaomt of authority granted to native miefs, MMMI naturally varies with tic degree of civilisation possessed by each people. In . Viost- em Um reiner extensive powers nave boon granted to tie local euiefo, Couoolls of culals* the Fanos of Faipulca* hove oesn In oxlstenee for auoe tlae. Iheso . at regular intervals the and give advice to u;-' C /. /.or .. . . . rL.o . 1 -.0 ;. ■ Io X; X 7 “. . • have been given etotm slth authority to deal 4th of purely native Intereoti 4wlr ordinances, ncvcrtheleast mat be ouhalttad to the Xdain Istra tor and tw -■seeutire Cotnoil of Hew Zealand for oonfim* 148 stion. In the Japanese Islands the natives are vosy baitoerd and are granted auen leas control over their affairs. Mtw Ins tones of the IMndatas (mission, japan has village appointed by the South seas Bureau* to penom certain mkM>r clerical duties in taeir wlgh~ boriioods. Tribal authority among the natives of the islands of the Fluster ms broiem down ishen Japan tel thesa in hand# and so ae tiae will be requires to r-aoustruct a Hive civillmtlm fmi the ruins ahlch a policy of exfoliation left behind. In the island of IMum> the native adult is permitted to elect th? chlefa in the- owofal dlotriets# who orc entrusted by the Adiinla* jhttli.fl with the sialntenanae of order* th* perforssmee 1 dutlea imnHMI si th local govemMnt* ami the fldNIMi &£ offenses of • stoar Hracx.er* Monthly metlhga of the chiefs of the fourteen district© are hold, ths -d* W 9 sinistrotor and consulting with the® rognrdirag local otters* In Meo Guinea, native Institutions are preserved* village councils being mlntained# and local luluaic, influential sen rmliiatad by each village appointed by the Mzainlstratiai, being charged with beeping order# of the peaae to .the and adjudicating quarrel® erxl Mnor miters of between the people, natives are on a low plane of clvlllmtlm ©nd have no hereditary chief®, but tiielr oycte© of 131 village ©ifiiniotrettai has proved a au&Goea. A very perplexing problem exists in .0...^!-.cot *fria» whore neat of WO native© becaeie de»tri aliped. W* smtotory h&> been ,0 greo ;' 1 fforte to rebuild t itutions# to reeonatrust Ww tribal authority W|W contact with uxw. -• pathetic Europeans ho tended to destroy.the two native rc serves# tile ovatibo end Deorcoba# the authority of th r chiefs is rwpe< tod and ticlr a* buses ere definitely held in chech by the guperlntendent# | taMB * 152 natlw cdvloory board. Tribe® outside the peweevee ar® .■ under chiefo or hea&M# who are allowed to control loml affairs with a varying degree of autijorlty. South Africa lane a system of native government in tlm, the natives to have their om village actmila mb and iiational psrlinmmt# elMlsr to the plan fdlowd In poaowhat grocer sues as la re-eetnbliablng native institutions end v ovelopln; them along the mat enlightened lines, new r suited In trio ?, D W lerriK:<. ,u .. . - ,-an .-. IT. h .<1 u r • A .a;?' ■<?'! el Sotaties, of loaders in each district. Tao Administrator collabO- rateo very closely with ooards, particularly in the field of local taxation. Hw participation of natives In the government is being extended s rapidly as possible, a oo:x!ition midi has given t io Coosisslan siuch mt* IOS ialWticn* In tie French (Weroons, to natives ore of e meh inferior l : pv .;,. r ,:ra;nnn a'-n ■ a v'.r In > . r .0.1. aa-a govomsmtal privileges, a Codicil of notobloo, with restricted powers, haw ucen establiehod in each of the fourteen districts* rtiilc It possesses only advlaosy posers. It is regarded ns constituting the nucleus of a 156 native representative ” ihe British mnd&tes along Uio aeat Coast hove of a alniUr kind* to elan system ie preserved in British Togoland, the tribes being presided over elected, chief a* la each iWly, the childrm are rooponsible to to he, in turn, io aecotmt* able to the heachm of the village, mowers to to sub-ouiefs, she are controlled by head diicfg of tho division* All cuiofs and eub-ahiefe orc allowed tribxmlsi an appeal my be finally taken to to district political offlecr. >1 to British to ohlofs of tue eevr-ml dlatrlets / arc allotted to rule toir people, aiiof is aided by a cowaoll in to colleetim of tas.es, in th* arbitration -of disputes md in mttow of like chnructer* Ihe of course, holds Che chiefs accountable for . . ? 6 tucir acts. In the Belgian has oiideovorod to build up Umi foundattoae of the tribal gwemaental structure. In Huanda, a feud* al Piltm la tiie merest ruler* Kto judicial authority has been delegated to native Tribunals# ea I . tied to M* m * l*to he is cheeked by Bolgton advisors. in QMMMh during the of the sulten# King Menmhutaa # a Council of 4m Regency# oowos ’aporiant 13i? ghiefa# r/ r C.. -i: e -■ x ywly neet* Ing of mUefe Is held in Jim 1 tu settle quoMlow of b >uadarXes# Vherit-;ece, emi h»e various between Chefforles« At such saeetlngs Um AdMniatra tor takes toe to give the oilefa eoiw egrimlture# health. Judicial and other natters, jliallar naetingo aro held lean in nmnd®. Xi la IM policy of Dolglum to foster local govemwit# giving all possible ;.wor to chiefs and tieir subor* dinates but r. straining than to prevent ewesseo. Hie Adcunlotrntlon Of has a tri ven tn W hereditary mi les in tlw territory, has boon a difficult undertakliKi beoewo oi the damge dom Arab slave miders to the post. Wvertholesa# wch headeey has c. •■- ; .T, I' j r* ',, ;•’ . k ;> I. O rl-:v, cd-..,': 'V ■ bem set up jver them# native courts and tre&surlOß hav- bcm A iwent rc|>ort todies tee that to proocedtog with _ 141 tu eucesas. '..0 " r cro '? X. d co b Lc, • x l- —- — l^ J ' - - pairing the dswlwnant of suitable gwemamtol the task tos&M4 tipm the aendatortee bH been very • it pe mb for fee peoples have de«mUd \iore power from fee b 'ginning fem fee X mndatariea hove thought beat to grant. "hia has be a particularly true wife respect to Palestine and Byrla. IMb M has keen pointed cut, Ml been recognised practically as an MMM state. Ml British MM tain a Sigh Cmaieaimer in fee country to advise fee ;3ov moent* He lias a negetlve ehedfi over official acta, me office in i3or© llbc a legation than an adtiiniotrativo pout, fee laws of fee territory Bro pogued by Par-164 llment, la indirectly elected on fee claas bmslo, but are re* viewed before to tiie legislative branch by fee cabinet, in mlch fee-re ore aritiah ecMoors* fee eyoten feus far han sorbed cmofely, tic British ref using to into ri ore other than to require Iraq to fulfill her abllgatlonii to fee league under fee Traoty of Allinnoo. fee Si 'h Ceooie* IMw of - Iraq hag deolared UM IM guiding |SMMM of the IdMMMfctMl it self*govenwnt***lraq, governed for Iraqis and by Iraqis, helped by a 165 mall number of British advisors and Inspectors. <s It fem bo seen ■Bt Iraq has bom advanced a long say on fee road of mlf*govermmt, IM BritMl sbIMMM • type of imMbbMmMl over fee emtrol c-ssrdl .oh b; Ing of a strictly negative character. Article mo of the Palestine mndste obligates Groat Britain to de* volop self-governing institutions in fee territory. Tala obVMtim has been difficult to discharge because of another provision in fee mandate. article Four, milch requires the British to n Jewish national Homes la the region* Ww Arabo end Jane refused to work. with the British in building a responsible coi-saon gm it« We attest to ©stab* liah a legislative council In U 25, for was blocked by the non* teßperatlun of the Arabs, who demanded the majority of seats and sho ode tIiMHMB S :U :.uo:; baan /aa; .a a. u- c ; acA.l, ... - . . Pa ■ > a? position to prevent tie of tie Xrreapootlve of op o ait ion of thia kind, tic Britton have coati; wo trlr efforts to or* au ajc^ : a ■aP.. aai L p„ acao -P .■ a,. aa-<; 'aa a..-aa up. At th© present tiiaa, village councils are ©lectod by tic ©nd cxcrclso certain local poser, such as, levying mtoe on property and raisin leena secured thereby. x We mndatary tec bed local Mtfb nowmwxt to the eoenunltlee evince of their eifßldUMp* □low progreee tea reaultod froo tic nixed population bocauoo ol tie strong 163 racial prejudices which exist in Palestine. v Kcvortwleca, ti© British oaie headway in the face of appeal tlcn of both I MBB I tte Jews. ■“ 3xo notional Administration la in caarpc of 0 31gh co niooionor, ate la sided by an advlaory body composed of affldal ambero a id non*oiil« eial repreaentativos of the Moelea, and Christian element of the country. A Jowieh Agm»y tee b- en created to advise nnu ceilpcrote with too Adsinia tret ton in toe eo umeni of too Jewish Oono and in natters 171 o interests of toe MMb mMiMM s MM M Arab to MMM* of MM IMM Ml MM Mg failed, too Ml MMMm they sill be MMtMI with noto* 172 !<• abort of ftdl independence* aiilo very alow headway io bel o mod® in 175 toe constitution of toe local gov ’mnontol organs, ‘an autonomous govern* nont has bean sot M M Transjordan* She Front MM and Lebanon are required by Article cm < th® wmdatc to MM an Organic toe for Ml MMM to Ith Ml . live aut lorltMl and MUM IMI MMMb too righto* Interests, and wishes of Ml populations Mt they are ploged to •met measures to fscil* itate toe progressive development of Syria | MM as independent states* 1 Article Ml guarmtose autonomy to religious MMMMbMh MMM| MM have already been MMIMh MMi MM prevented th© FpM from ©coplately realising MM objective* Sw MMI MM and persistent Oriental poltoiee MM boon almost Insuperable barriers M too nxy. PxxfAx n x—a x 3 t C exec 'chxAAx-tian 'xa boon to ©entinue in operation Ml Turkish MMMMMI MM in Syria. MH offl* Mia hvo bean re to toed in Ml local regions* Ml MMo tribum Is MM to aMnietor law to toe religious ©emmlttos* A emrt for MM* slating of too jMMMB Ml i IM of too religious tritonals of Syria and Lebanon* atiia twice yearly to administer too fmn 175 the tithoe ox the ohuroh. * Cornells of Dlroctoro have boon cotahllahod in tne local states uf Syria and Vbn non, canaletlng of native heads of dopartm nta to assist the Froneh In an advisory and ainietorlal oapacity. Likewise* a central Representative Council has bo n set the xwabera of which are elected iron the- districts on a acrutln de 11 ate basis* □ serve only in an advisory ff/M authority bcl Jgod 176 in the French High CB-ialssimer end local French Advisors. Tae Syrians have complained vlgourouely that only to shadow ol aelf-govcm mt has been ted to then* and that the French Bur aucmey dominates the neat potty as 177 ■ veil ae tuo uoat Important affaire of state. 11 111 sum neve been carefully reviewed by tie coa.li3n.to and it has sought to bri g about ©cm satisfactory a., juste nt in to relationships of the natives and their French ruler©. It has constantly urged the French to draw up an Organic statute for the country, thus discharging tholr obligation under tne aandate> but toy have pointed out that unocttled conditionD have prevented this be- done, fhe MMNM* of Fraiwo has given UMI comisalon its aacurane© tliat tiiio duty will be ce noon as the sltuitlQQ 'in Syria bccoaoa . 178 A beginning hoc already been .nde in Lebanon* wliioh hoc bcm granted a Constitution dram up by a denote, of leading cill appointed by the Ui h CocMssioilor. The High co..i/xicalmer Iwo r-corvcd toe rlghi to auapcrxl all deciaxons of 'the Ulniotry or of the Leg* lelaturo he rtnrMW oontmiy to the aesMlate or MHI IMSMttty 1 or violate IntersWml Ho, MMMinMNIi BM| ro- to Vied control over the police and militia of Lebanon, poeent reports show that Vie Govemmmt ©onstant end friendly contact with the 180 auV®rltlft»f Viough there are sem evidences of friction. Ihe offorto to securs Wo adoption of an organic Law for lyria have proved usswillng. Hi© (wotituont Assembly has demanded that the local Government bo given rmo authority than Vie French have boon willing to concent to--in fact, it has p rsistod in asking fos* virtual independUmee» far, the French Ad- Mniatration has been unsuccessful in all attempts to draft a suitable Con* 182 ctitutlm* It is evident that enormous problooo confront tic .mandataries in fulfilling to obligation, aasmed with respect to developing fitting legal Instltutl&nft* 'Time and patience alone can solve to problem. ■B QMrtMMk I* sxyseted to land its aid, advise and a ?ment to to fulfillaent of this also ion. TxTuoe "WWwfa aurotero M -Use oox4.ua ls»i agreed that th© >y*igßM> !•s•«s ■ less., principles ere ns evand: D* LumHj lie Dani in DHUdi Topical » ■ h&plerQ X nd XU FU L. * Qffiolealcn Xmlsts Hurt todl”Sous Lt.?’ £titicns fee developed In all types of territories; see ihrMeja* : 145. Ibid., Sees., 27-28. —-r „ trie caaMa n .on h -ve not boon mrMB uou IMbMBi MMBMI MH It applied, but tw principle hoc been definitely tweMHMU dee Jlnutgg, 7th done., 306-203, for views of dir F. and ~ d 1 Andrade. 14?* X to*, IQ. IM4** 12 th xem*, loo*loll x•. S oport# U u Mrnsteg* rd deco#, 31 j Ibid, > /th seSSTT 7G« HB«-l>27 Report# 11th oos,, 7s intern, Jld Jess*# 170| sees.® 152. Ibid** JRT Ibid.# WTsees*# 00. 15 J. •urop»n» in South-West Africa enjoy a certain degree of gevemaent. A legislative c uncil has been organ* lead upon which tuey have Bile council deals with n transferred subjects#* a tiller to the diarchy arrengeomt in India. Jinutee# 6ta sesa.# 50-39, 01 Ibid. # 7th Seea*# 3. ? % • ir. -nit, ,:T uto, 111 , t $0« ics*., also, ’to coaalsslon’a '(opart to to Council, or programs m&de, !> A? 0 on ../j- 15£.' 'or — rj । r •■uuncila, *••' • - 171* nagpart, 30, >l* to authority of the Chiefs 19 "Wia Institution was at the suggration of the mandates linutos, y. . is*, 78*79* 15?. "tor., 6-7 > UrW newt, 6-16. 108. 1922 U 4 xW;ni| 1927 160. jV;ta.ienV at .1. HMWTOti. jinutes, ?ta ; eso., 103. 161. n»p ;ort, 12-15; iuL". ( 'W3. Mt.l wgc 6»Mh i XX-X 9-8, y 164. Arabs* dhrlctlam and 4MB* * Arab© pr^Sffiabting* rar fee ©lactim law> ass 1, • > . UMM* M t .... :. ' -.T'*7‘ . .__~■ - ■ v ~' ■■ ft the 4y> British officers MidMl eMar in IfiMnM Ml reaped in of ths 21 she fanned fee executive staff in fee 41@trleU* only 12 reap Vied j of the 315 aibord Via t@s# lass than 100 Xd tuegleotlone .. _ _ c-own, o3F "oTr HerboW 167* 1 j fW9Tt> 5> WB Be ort, ?l~J?h UUVioalty In eotabliahlng local gavemacntKos orisen Jew In the som toon. \Qm£©teclc ©action daronted to be sc- tactic© their ■ . '.boas ft ay wished. *1 British did mt romgnlrc iaipality within a emlolpality. 7th 3©as.> 106*p7 u mk statement of Mr« oi»iy*Gow, alnutco, 7 •. -i.«, '’IMP 10. hlmtes, yth .cos., 166*67, I/O. VPO2I Popart, 47*30. l/l»We serves in this capacity, 1/2.proposed Formation of an Amb .gito High ace petition of Wlwtine Wb ' , ~ 7W peso., 1(50-64. iz>» ,x<nw A.xc ~b' A. x. x • - i ~ .. n 3 A . xt- p ; lies. M awplic of Palestine titles is 'Mluetrateu bp- to© recent dosBM by Jewish leaders for I>@ninlen MM*« Iho ■3, ©f ©oura®, object to any such proposal Mt tools* upon c a - 1, rs ? 7 n ’• « >»?•!* W ; 3*O6. / • P Ol Xlf ..orti 45> Ui •' '•» &* 177* doe prHHon or Executive Co initteo 5? y ru-tfucatinlan Congrose* >to> IZMB. 178. 100 Ibid** 11 th ioso»> ' The Constitution in priatod in lull in 301-17. 7. PROMOTING MATERIAL AND MORAL WELL-BEING OF THE NATIVES Hao mandatory powers arc Gorged with the positive obligation of lead* kiQ to baeksord races under toir control toward a higher civilisation. Article Toenty~T»o of to Covenant speaks of *to well-being and development of such peoples," and of Vie *reapon»lblllty n which to "advanced nations* have aasumd in tills respect. to mandatories for to *C* territories have pledged themselves to "promote to tae utmost Vie material and moral well-bol.g and the social progress of Vic inhabitants of the territory, n and aial* lor obligations ore aosuoed by the states the "B* territories. Sie British in Palontlno have undertekm to develop the comtiy end to pro* note tile interests of both Jess and Arabs. France, like-wise, is obligated to talte measures to foci Xi to to toe progressive development of syris and bebanm as indepoixlent stotoa* Iraq la to reoolvo too advice and aid of Greet Britain in moating the problem which confront her as a eoM-lndepcn* dent atotc. It is in toe *o?* and *€*’ t rritorios that toe greatest attention hoc properly boon paid to promoting tos development, materially and *-■ . ' 185 socially, of toe peoples urkor mandate. Sie problem which the mandatories confront, especially In tic mor© leeward areas, was carefully studied by tn Tanughlta, a member of the yandateo Qcmlcaim, <lO presented a maaoiundum during the third session. Ho clearly pointed out the complexity nnd difficulty of the pro bion of civilizing backward race* groping in d rkneaa. Heterogeneity of popula* tian, baffling in Ito extent, exists in tie African territories and in tie islands of tae pacific. A confusion of me os, a breaking down of tribal authority, are found in all regions, tie basic problem is me of WB* 1 .□n and reform. tribo* must be ro-cstablished and preaorvod in their Integrity!, tribal property mist be protected; native vices must bo curbed end ellMnatctf augers tic ciiicfs met bo rostra lnod and od* scocmteblo for twlr acts. A sense of collective responsibility oust be gradually lnmlcntod naong the people in order tact they my be ultl stely nblo to stand atom. A oystm of education mat .bo introduced and adopted to local noodo* practical subject® ahich tlie native mind cm coaprehmd and fro.i vfilch the population con profit. In & word, the principle of tru»- teedhip in th* broadest scnco met bo put into effect, itiilc realising that meth&ds used by the various powers will differ and Hm& meh of what is bo- ing d-ono' is still in toe experimental stoge* too (»atosion hao acted upm the gBMM hypotoesla that toe nnndetoriea hwo obitime to 184 in furthering the of the native® entrusted to J We OomMoeloa ha® freely criticised any atahtory power men it has been convinced Wat it le not preperly fulfilling Wo task enouabent Mta it. IM illustration io taM In MB discussion MM MHBt on ■ British 4MMMM MB ftaMMi dealarec. -Uish taMMi •wittingly neg.' the interests of Mb natives MBt Mb man met not confine itself ami. BBMtaag controls but th .art also |Mao Mb status of Wo people to a higher standard of dviliaotim. 'MB of the material und fta W We aotiws, he deci®rod, MB wo the wnmmMM of tme mndstea ayatm. Ago in 3 in the of the Report, M. H ow rcmaißM that Were eeeaad to be no definite poliey followed If We mndetoiy* Bayard eritiMaed We etatoaent la We mieh lulled Mat tie aMMetratow were responsible aoely .... • SBMMMMMi of la® and order. He sold Wat Wew duties really expreeewd the whole policy thaoovermmt# it would undoubtedly haw satisfied Atal in view of the Ml Mt Wcy seemed to be o* heated to preserve lee and order» but had m imitlve duties to pta* fem in regard to We talperatWn with Wose respmslble far M io 4weWpmat of We eoantiy. fas this rcslly Wo MMt* We atahtaM representative denied Wat this me tmo.*'" We Coaniooion ashed for eddlWwl Informtiea ae to mat w» done in the territoiy for improving native agricultural methods, for guiding tie morel ind social evolution of native life, and for suppressing such custaas as cannibalism, 187 wnich ore repulsive to humanity. ' ®ie 1923 Report carried extensive data, tiiat the mandatory ms not remiss in its duties of promoting the welfare of the natives, but that it had previously failed to report many pertinent facts desired by the Commission. In order to stimulate the mandatories to fulfill tue obligation of developing the native • toward a higher type of Ihc, -zVtasion has asked them on different occasions to indicate taclr polioieo. Dur£ig the sixth cession, for example, each of the admiMotrotions of the M ; R and tt c ß t irritoriee represented wac asked to define the objective which it sought to attain. M, Borneca ri-ore stated that ha, so Administrator of french TogOland, was convinced the . the agricultural resources ox the cuuntxy mat be dwds| 'pply t-.r & k&N funds and employment. He had, therefore, established native agricultural syndicates, cooperative organ!- taticno, to till the soil. He declared that in tula manner a ense of inrdividual property would co given the natives and thrift would bo taught to on otiiersise improvident people. Cotton cultivation, he caid, had been recently Introduced t Itoh attention was being given to educaticn, to make it as general in application and practical in character a® possible. With this in view, toclmical schools had been opened, hue training of girlc, previously overlooked by calc 3, was *9l 9 H&A concid- erntio Hie r ■ .. ' ■ trio** IB* the some aesslon«that his Govemaont ■= as training tiie natives In ;outh* •Mt Africa dth a view to raillTH thra ultimately to ttielr om n yet# relied on principally/ ais sOfie* We policy of the Administration me 1 ratUl of the 190 natives and to develop their material and social rosouroee. 7.0 Ad* nlnlatrator of Hee 3ul.iog declared that hio program included the following iteus a (X) Hie graWßiOra of native lose and 00 for ns they are ougnan. □enoa of moralityj (2) Hie cultivation of better understanding of tie* tive thought and native habits of life (vids the appuintmnt of a Government anthropologist)! Hie eradication of native dleeacca and the accep* tense of responsibility for tan medical oarc nm treat wot of ' I* 0| ’ M M if traffic in aMMb ' -or and •. ■ d (9) The protection of th* native laborer in hia con* trsctual relationship (ride the rdlnrara)! (6) Tae Inauguration of a system of native a yricul* turn# for the cultivation of foodotuffs and couaoule crops by tiie natives# under trained instructors end Inopectorsj (7) 7ie inauguration of a eye tea of technical and general education! (3) iha participation of natives extent in the govemowt of tie territory* capWln imefleld* ’tie Meir lot coeMaeioner for tuo Sold coaot# atnted that policy fallowd in Brlticii 7030 land included ti© pronotlon education# especially 1 M*| prevention of p ■taMß rat the pwWetlon of health* the comloslon encouraged tie *&* m.datorles in tao dcvclopacnt of territories. it boo been ho» vr» that LiaXr function in thio respect is llMtod in scope* ar® obligated#ao* corei to .# d’Andrade: (1) 7g maintain a c .rlty nod public rdor el Win ttie territory d-4 to nouro perfect of ri-hts md duties among all menbere of We (?) To eneoirago local P) To guide tie people in the path of oooial md econmle in order Wat tie. g* oe ■□rULV . 7: ■ the OuasteQlon has asMI the mandatories to state MM policies jtiieh have conformed gene tally to the c irit of the tasadate system and tao ideas of ». txe Comlddcn. Hiuo, in Iron, beside® perfor.iing political functions 6 the British. MB mdertaken to protect wMM IMM xwmt© education# to dwells the country ocon&Uoally, to control the epreM of disease arid to prwmt eitmee of the MM* MMM* Ml British in MM ae.k to develop native institution® end to promote tie general wlrare. Iha FTeM> In have been beeswe c< the in the ©oisr» MM Ml MB Ml Ml MMM| Mi UMM I ' IBM *t Mi c tie protection of labor intereeta# the pimotion of education and public ' ,z ; health, the ad|u©t«m< of land titles end clalno and tie lh® co Ila boration of -SMI In tills MB Ml M W MMM* able wlw. It has feept constantly MM* Mi MMIM • I tlsne» and Ml clarified their objectives. Iho boo noted as © clearing house of infoxwtlm, Ml dicing bosommi suggestions of MM to the MidMotors,perplexed by M$ IMI arising in Vie di. I < their I@b. Tue Cooaisni-n, further ।iM criticised tie administrate rs Mm they have fallen short of the a inn of tac naad.'"tea eystm, and it has slao aasaended then Mm Vw IBW properly perfumed Vic . !97 upon Viorn by the ewenant sad the Craft rrndetoa. An exmimtim of the current Report indicates that the «©yfc of Uio ConMenlun and of the maolatories io d; sirable results In Vie wife of raleing Vie na- lives to n material and social statue* i; ■ 101. 132. Juai MMMtSgF the Constituent assembly lifts by to AdMnift* trotor for the third time In six men to because it insisted upm practical ladepcodtnee, see Hew verb i-Vrch 10th, UMM ec * 2» p* !• that, •ccordlns to tie Covenant, mndatorioo of the *&• territories •** ; t Bitt add latp<w .-vice and assistance, while broader responsibilities arc imposed upon the states hwlng tne R i) h and R C W mndstoa In charge. 6th 3css*> I>*l4. Ws* W£ * I, » 186. ftlE., 7tii .}CO3», 42i aee Report <m tile j.ri lo >• 14. ' lof. Jiauteo, 7tn seoa», 214. 188. . Report chapters 3i 12* 13. 1 •■' " ■_ ■» les©., 21-27. *—wTeeo:; 34-85. W« TGESS*» U>*2l. other hsaro esepreased theo selvoo aeSSrSlygly* Coo# for le ? atatment of official representative as to in saaaa# Xblc»., f * d XMMMb Ibid.# aesn.# Sis •Bi Ibid. t j ;. 5 . WIE glgitoe, . 3003. a 110*13. IMf I*l%x>rt* pseaia. 11th c^» 9 iJT* 13X1 Ibid., 9th }cbs*> 6P> 11th Sees*, 12th Geos., 197*203. ~~ 7' x-o M£fc» ■ p* $9 tw»rt an Kauaru* PP» t on 192?S' ZslQQdp f 1' Sport >8 I M r 7 £f«> 5a W ?WWh fteoMj 41fW F.opgrt on jort on “~~" CHAPTER V THE CONTROL OF ECONOMIC AND FISCAL CONDITIONS 1. THE MANDATES SYSTEM AND THE PRINCIPLE OF ECONOMIC EQUALITY PMCWS the former colonies of Oermany and Turkey in the b/Uxviediate status of mandate® necessitated that their economic and fiscal position be defined. It was nt once evident to those who ectablished the system 'that the territories could not oonsittontly be Incorporated into the retime of th® mandatory states, such territories formed w a sacred trust of mndklnd, n and, very clearly, could not be subjects of exploitation and sources of profit. Tie mandatories could not reasonably expect to receive any direct benefits for obligations assumed in. the name of humanity. Under the olrcum’Unees, just what arrangenents could be mde? precedents wore not wanting to i; dicate suitable fomilW’. The Berlin Act of 1685 had dealt with Ui© int-om’- tlcnalised region of the Ocngo with soae degree of success. It guaranteed an equality of oawsrcial privileges in 'the Conventional Basin to all nations, provided for free sec sa of all flogs to the coast-line, ensured tie right to navigate atreasw end lakes, and stipulated that 'tilers should be mha.-ipered coasting trade. Tie Ant forbade oil differential duties on vessel® and merchandise, prohibited import and transit duties, and proscribed □onopoliec or fsvor® of any kind whatever in matters of trade. Similar provisions were I applied to tne Kiger and its tributaries. Again, th© American Secretary of State, John Hay, in hi® note of 189? to the European power a in Chine, asked that they declare in effect that tney would not interfere with any treaty porta or vested interest within their sphere® of influence; that they would permit the Chinese tariff to rewin in force and to be collected by Chinese official®; and that they would not discriminate against other foreigner® in the matter of port duties or railway 2 rates. while only ng land accepted the proposals outright, the other powers adopted turn in principle, and Mr. Kay informed each party that favorable replies had been receiver and that tae Unit d States regarded the ac-3 ceptance of th® proposals a® r final and definitive.” ‘.groenont® of similar character acre made in other regions, recognizing in so fonn tae priir* ciple of equality of cconuaie privileges ith in backward countries; guaranteeing freedom of export and import, of trade and navigation, and identical treatment of all nationalities in obtaining conoeaslons and securing contract® for public works. Such, for instance, provided by the ‘dgeciras Act of 1906, guaranteeing {i economic liberty without inequality* in Morocco, ana declaring that concessions should be controlled by tlie of ‘ public award® on proposal®, without preference of nationality” end that the specifications should ”not contain, either directly or indirectly, any condition which may be prejudicial to free competition and vdiioh my give ad-4 vantage to competitors of one nationality over another.*- Theas principles were i corporated,in part,into tie draft mandates. While ttie *(* territories were to be ad iniatered as intc ’rd ports oi ! the mandatory states vid no provision respecting the economic righta of other powers or of the territories themselves was adopted concerning them, defi-5 nite commitments were contained in both the and the n A ft mandates. Article Six of the British Mandate for Tanganyika is typical of tne provisions respecting territories. It reads: The Mandatory small secure to all nationals of states, Members of toe League of Natl jib, the same ri Tits an are enjoyed in the territory by is own nationals in respect of entry into and residence in the territory, the protection of property, movable and immovable, and tae xcrcise of heir profession or trade, subject only to tne require®' nte of public order, and on condition of compliance with the local law. Further, the mandatory shall ensure to all nationals of States, Members of the League of nations on the same footing as to his own nationals, freedom of transit and navigation, and complete economic., co racrclal and industrial equality? except that tae Mandatory shell bo free to organise osaentiol public works and services on such terras and conditions hs ho thinks juat. Concessions for the develop rent of ne natural resources of ho territory shall be granted by tae Hand > tory without discrimination on grounds of nationality between 11© nationals of all States, Members of tae League of Nations, but on such conditions as will maintain intact tae authority of the local Sovemaent. Cone saions having the character of a general monopoly snail not be granted. This provision doos not affect the ri ht of tae Mandatory to create monopolios of a purely fiscal character in the interest of the territory under mandate and in order to provide th© territory with fiscal resources which eom best suited to t e local requirements; or, in certain cases, to carry the development of natural resources, either directly by the state or by a controlled agency, provided that there shall result Vie ref ran no monopoly of the natural resources for the benefit of the Mandatory or his nationals, directly or indirectly, nor any preferential advantage which shall be inconsistent with the economic, commercial and industrial equality hero! before guaranteed* Pho rights conferred by this article extend c wily to companies and associates organised in accordance with tie law of any of the Moabcrn of tile League of Nations, subject only to the requirements of public order, and on conditions of compliance with the local law. And the second paragraph of Article Mine states: w lhe Mandatory shall therefore be at liberty to apply his laws to the territory under the mandate subject to the modifications required by local conditions, and to constitute trie territory into a customs, fiscal or administrative union or federation with the adjacent territories under his sovereignty or control, provided always that the measures adopted to that end do not infringe tie provisions of this mandate. * ° Wnewhot similar provisions ere found in the *A* mandates. Thus, Article Eighteen of the Mandate for Palestine, which is fairly typical, declares: Ihe Mandatory shall see that tier© is no discrimination. in Palestine against th© nationals of any stat© member of the League of Nations (including companies incorporated under its lows) as compared with triose of the Mandatory or of any foreign state in matters concerning taxation, commerce or navig tion, the exercise of industries or professions, or in the treatment of merchant v JseXg or civil aircraft.- there snail be freedom of transit und r equitable conditions across the mand ited area. Subject as aforesaid and to tie other provisions of this mandate, the administration of pal cotine may, on the advice of th® Mandatory, impose such taxes and customs duties so it may consider necessary, and take such steps as it may think best to promote the development of the natural resources of toe ouuntry and to safe- guard tie interests of the population. It my also, upon the advice of tho conclude a special o is toms agreement with any state, tie t. rritory of which,in Vl4 was wholly included in Asiatic Turkey or Arabia. ( The principle of the Open Door has thus been applied to the ”A h and « 8 •B* territoriee The CommissioH has undertaken Vie teak of seeing that these provisions arc followed. In performing this work, it has relied on Vie infruction contained in the annual reports aM in the statements of accredited representatives, to determine tie course -f action to bo taken in each case. In order to ■secure the necessary data for performing this function, the Oomicsion has included the follosing it<;as in Vie question* noires fur trio *B* and ft C* territories} 1. tot derogations are there to the principle of economic equality as regards [ln tie questionnaire this quention reads* what provisions are i.mde to secure economic equality as regards*"s (a) Concessions j (b) Land tenures (c) lining rVhta (in particular prospecting)! (d) Fiscal Mgisio (direct and indirect taxation) J (e) Customs regulations (imports, exports, transit)? 2* tot imigration laws arc there? [lns I ation the "B* questionnaire asks* 2. tot are tn: exceptions, if any, in each category?l Quoctiona asked the mandatories arc somewhat snore detailed. Thus, the queatiennaire for Palestine Includes the following points? 1. How have the interests of the eonounlty been safeguarded in the execution of measures taken to secure the development of the country in respect of public ownership or control of any of the natural resources of the country, or of th© public works , services and utilities? 2. Has it been found necessary to arrange with the Jewish Agency to constract or operate any public works, services and utilities, or to develop any of the natural resources o* trie country, and, if so, under what circumstances? J. Give a complete list of concessions end the names and nationalities of the concession holders. 4. Give tiie reports submitted to the ouapany meetings and the balance sheets of these undertakings, or, when ouch reports and balance sheets are not available, give all information relating to the subject, particularly the rate of interest and the usee made of profits. 5. that pro viaions are made to secure economic equality aa regards — (a) Concessions? (b) Land Tenure? (c) Mnihg rights (in particular, rules in regard to prospecting)? (d) Fiscal regime (direct and indirect taxation)? (e) Customs regulations (imports, exports, transit)? 6, flat regulations has the Mandatory power :nde for trie application of tho clause providing of transit under equitable conditions 0 ? ' Ihe information thus collected becomes trie basis of the ( omiaslon‘ a study of trie problem in each case. With the data before it, the Co mission determines whether the provisions of the mandates are being observed, and advises trie Council accordingly. Thia phase of its task is of a very technical nature, which makes classification difficult. For the present discussion, however, it is thought best to clarify trie work of the Commission under the following heads: (1) Tariffs and equal treatment; (2) Concessions and equal treatment; (?) Maintenance of fiscal integrity of mandates; (4) The problem of loans; and (5) The protection of native rights and intorecta. A consideration of these topics may serve to indicate the nature and extent of the control oxerci >ed by trie Comaleuioa hi economic and fiscal raatters. * c ( •' T* Articles 26- Mt of Feb. 26th, 1386. Sir g, Servlet* Bap O.f by Treaty IX 9 ‘ She Act vMf amended in 1390, allowing import cut lea Ibid. , 517* Ihe revised Act of 1919 reeved till limits on duties but continued to .rohibit discriminations? sec Treatlea of tie United kinton, 111, United 1399, PP» 5. The shington. the sigmtur of an 1 atemotional Upon Door Treaty regarding China. see ■. M. .alloy, Trentloo and qonvontiona '.between the .; \. My ?pf _ ; XII, 109, 121. Sec r F< U B^n?''’ Xntcrn*t io"nF, te f^onp, W*>2; also, ;KUBoer, African Queatiuns Mj .the H 9 ®*P* !• ' W the Japanese Government insisted that the principal of equal trade opportunity be extended to the ”C c territories, but mo overruled. It agreed,finally, that the proposed clause siiould bo omitted, but reserved trie right to insist on fair treatment of Japanese nationals In the territories. .cUI Journal Mo. 1, p* W* Japan subsequently declared that ah© would observe ’STe pr&cTple "6T economic equality in her mandated territories, all members of Vie League and trie United jtatea, being granted x>3t-favored-nation treatment. P«M.O» Minutes, /th Bess., 84. In other *C H territories such is not granted. For sample, the British phosphate Co. in nauru enjoys freedom from all cuetome duties,while other companies are not given similar privileges. See 1922-25 peport, 19j Minutes, sth Jess., 144-45. As will appear later, however, Japan has not fully observed Vie pledges given. !" C. Joc ANNex 11e ?. 800 "nmex" Artlolc 11 Syrian mandate, while somewhat more detailed, covers essentially the same ground, though more attention is given to the regulations of concessions. See Annex V. Article 11 of the Treaty of Alliance between Great Britain .? Iraq, guarantees ‘ member ato tea of the ' league of Nations equal economic advantages with Great Britain, doe Annex XII* 8. Tae United estates vaa guaranteed treat lent by separate treaties, negotiated with the mandatory states. For these negotiations, wore ’ somewhat tedious# see *« . Batsell, Tic United Jintea .-d :. a. uystem of kan* dates, pp. 6-24. "We quoationnalre for .Syria is of like character, see Annex VII. No questionnaire has been prepared for Iraq,but the same information is contained in the annual reporta, uee 1>24 Report, 122-42; Ibid., 2. TARIFFS AND EQUAL TREATMENT Uho Ccmiaaion has insisted from the very beginning that all uembera of the League and the United states shou? ?n th identical footing with the mandatories in the and *B ft territories, with r spect to tno duties imposed on goods and charges for public services. la its first session, tiie cosolesion discussed at some length the question of whether a French de* ore© violated the principle of economic equality.' An ordinance, issued April prd, 1921, and applicable to the French declared °AII goods imported frees abroad are regarded as foreign goods. Goods of French origin or goods caning from French colonies must be imported direct, subject to the benefits of the regime contemplated in Une Tariff for goods of such origin. Goode of th© first class nuat bo accompanied by certificates from tho French CustoEis authorities and goods of the second class, by certificates of origin, given by the colonial Customs authorities if the goods in question are raw products of tn© colony. * As tiie information on th© subject was more 12 was sought. ’ In the third session, the matter was given further consideration. The Chalxwn emphasized the necessity of respecting the principle of economic equality, saying that it applied to motabero of the fjeaguye and to the United States, the latter having agreed to th© mundatos oyaton only on candltian that its rights be respected. M» Duchamp tic French representative,, declared that there was no preferential ©yatom for Togoland and the He stated that the decree in question was applied to tlx© French African colonies in general, but that, to prevent any violation of the ;aj> date principle, a supplementary decree would be Issued to the effect that the objectionable article would not apply to to mandated territories. ;he ar* rangemant, he explained, resulted from hurried steps hi ving bom taken to apply a Customs service to the newly acquired mandates, and it would bo cor-15 rooted to conform to the principles laid down by the Commission. The change was regularly made and trie Commission, in its fourth session, noted with satisfaction *that the mandatory power had modified the articles of the Customs in French Equatorial Africa, which had given the impression that goods from Franco, imported into territories uider mandate, wore given preferential 14 treatment. The cosxUssion has from time to time taken ears to see that the principle of economic equality, asserted during its early sessions, is observed. For example, during the eleventh session, when the 1926 Report of Tanganyika, was under examination, M. Rappsrd noted tot a number of oormaercial treaties 15 i had boon agreed to by the Administration, and asked if preferences had » been given to any country thereby. sir Donald Cameron, the official representative, said that th© treaties contained the most-fava red-nation clause the mandate, the mandatory wes bound to grant all nations belonging to to League meat-favo red-nation treatment in a mandated territory. These would merely ensure that any advantages,given by other countries to Great Britain, were enjoyed by the mandated territory.* ■ g the thirteenth session, the Chainaan pointed out, in reviewing the 1927 Report on the French comoroons, that a decree of September 14th, 1925, provided for the exemption from import duties of boolza written in French. It seemed to the chairman that this ©xeiJiption in favor of Frenm booko alone contra zy to the principle of economic equality. Ih® official reprsemtative, M. ruohnne, agreed that tlie provision would be and equal treatment extended to publications in all languages. Not only has the Comiolcn insisted that there shell be no fomal ordinances, allowing import proforeneos to th© state; it has also been careful that,in the abeenoo of ouch ordinances, the principle sliall not be violated by administrators on the spot. Ihua, mcai it ms complained by the nationals of other countries, that Franco woo obstructing the admission of goods of other states Into lyric, the Commlasion ;iadc a thorough enquiry. She French representative st the eighth session, M. do Ooix, stated that the discrepancies woro due to Hie mistakes of the French Customs officials in Syria. Ho insisted that the mandatory poser hod adopted no systematic policy against Hie importation of foreign goods. Members of th© commission suggested that specific duties should be substituted for ad valorem duties, to prevent abuses of discretion, anti were assured that Franco would adopt such a policy in the near future, substitutions of thio type having already been made on a large number of The matter was further rovionod during the eleventh session, and the co-mmisaion anaursd that 'bio High Commissioner in Syria ms endeavoring to prevent abuses by offi— Mals. Th© C d that great should be taken to avoid future cmplalnte. Nevertheless, during the thirteenth session, the question ms again discussed. Shis time, fie Chairman cited distinct evidence of violation of tdie principle of economic equality. For Instance, he noted tu bSi Isa Cheese sold for sixteen gold piastres per kilogram, mile French cm ae sold for only twelve piastres? foreign rice, coming from Caroline or Japan was valued nt from one hundred and ninety to too hundred and sixty-five piastres, whereas, rice from ;uigon and Madagascar ranged from one hundred and seventy to one hundred and olghty-five. It woo thus evident taat goods of French origin were given preferential treatment, ihe French representative, M. de Calx, was unable to justify the values quoted on the products of different countries, and he frankly admitted that the custaas officials wore still in default. In the course of the discussion, 1!. Rapp©rd took occasion to amphasise the obligations on the mandatory power to ri ht tills violation. He asked, *was this Cuetome service, which took such care to observe such regulations, permeated with the sentiment that Franco had given her word of honor loyally to apply the principle of econcMo equality? Did the Customs officials know that it nos a matter, not only of administration, but actually of a principle of International Law, which France was bound in honor ocmpulously PO to rcepectV 5 UlO Cocnieslon asked for full information oomeming the 21 methode of aoscosing ad valorem duties. It remins to be com mint action the Remission will be obliged to take in this natters nevcrtholoso, it wont behind trie provisions of tae law to cumilne the actual souc □ cd the • diiinistrative officials. The commission has aldo concluded that an indirect violation of the principle of economic equality should be checked the emo as a direct violation. During the fifth session* in Vie agination of the 1925-24 Report or* Syria* M. W Rees called attention to the fact t. at an ardLxiace stated that *goods coning from countries, bordering on Germany, will rt quire certificates of origin and th© production of actual bills, by the French consul. If ouch proof is not forthcoming* the maximiu t riff duties (that is to say* 50%) will n 22 be levied on these goods. ‘ ” Ihis, he declared* aacmtedto dlacrk'iinaeion against certain members of the League of Nations. Ho asked if goods oo.Ung from France, which bordered on Germany* were subject to tic provision* in spite of tli© fact that in | there were no French Consuls, H ;icd W* toxy in order that states might obtain the benefit of a lower tariff. fh@ French representative stated that authenticity of French goods be proved by certificates of origin* delivered by the Customs. M. Van Rees then said that goods .?a.dng from nuuerouo countries whose boundaries were co-tenaincua with those of Germany were burdened with consular duties* the cost of p-; and th® like* thus pre their rights. ' Th© French JoveYmcnt responded to ta® criticism of the by issuing a supplementary decree October 25th, 1924, providing for the adaiiesion of goods from all sources at Vic . .um tariff of IS%, th© same being given in Franco by Vie presidents of Chambers of Owsmerce and in foreign countries ly French consuls with no charge for vis 6 service* thus 24 ’ conceding the principle raised by Vie Cmaiaeion. Iho rindpie of economic equality thus applied doos not forbid the uandn„ory states to give preferences to the mandated territories .indcr their charge. Thus in commenting on a British order in Council of Qctob r l>th, 1922, extending preferential treatrnmt to Britidi \ogoland and the Chimerocna, M» Van Rees stated that this r did not the prin- ciple of econo, ic equality” and other inborn . , hie agreed in 25 tills interpretation. Likewise, the CorMssion has upheld til© right of Franco to exempt froi duties goods imported fro® uie French Ciseroons and French Togoland with the purpose of assisting the entry of the ..nin products 26 of the territories. The Commission has held that it is permissible for France to allow preferential treatment to cocoa grown in British logo land but shipped fron French Togoland to France, tae transportation facilities 27 necessitating shipment the port of Lome in the French pre- ferential treatment between Palestine and Syria has likewise been held not 28 to violate tn© mandates. Cuatcoa unions are unobjectionable 00 long as they do not impair the principle of economic equality or infringe the right© oi the torri-29 toriec* such unions my be composed of adjoining territories und r mandate, such, for instance, as Syria and Palestine or Transjordan and Iraqi ?J or they may be formed by uniting a mandated territory to nearby colonies of >1 the mandatory state, as trie Congo and nunnda-yrundi? or Kenya, Uganda and • 32 Tanganyika? ' or the Gold coast and British Togolond? or Nigeria and tho 33 British Ccmeroonß? or between the French sandates on the jest coast of 4 Africa ©nd the noi^iboring colonies of the mother state. ’ Unions with neighboring colonies heve giv-n ria to several p-rplo: Ing problem. During trie first session of "ue commission, tw n estion aroae ns to t-c incorporctian of the ' Tench with yr meh Sqm tori© ’ ‘frle r for custons purposes. M. Rapoard extras'ie. ; his opl ion aid t :nt of ole colleagues when he said that this ms permissible, provided th® legislation of the mandatory was based on the principle of free trade, or if preferential tariffs were 55 ' % unknown. 1510 question raised was referred to the Council, Khich agreed that the clause in the n ß* raaMates, authorising Customs unions between the territories under mandate and adjoining colonies, should not violate the prin-57 ciple of economic equality. ’ Xt has been necessary veral instances to apply the rule thus agreed to, Xhus, customs arrangements between Kenya, Uganda and Tanganyika provided for free admission of ell local roducto from one territory to tne others, Iho expressed feer that this would / be inconsistent with the provisions of 'fee mandate because Kenya hod a pro tective tariff, but llr. Ormsby-Gore, the British representative, oaid hiat an identical tariff ma in force in the three territories. Only two erticlee were subject to a prot otive duty, wheat end th über. Iho charges on those wore not preferential and there was no discrimination iii tixeir 58 application. Ifilc explanation appeared to- satisfy the ’ \ikewise, the tariff arrangensnts between th© Co?y;o and RmMe-Urundi wore reviewed. it was out that all goods passing from one torrltoiy to tixo other were subject to no taxation or hindrance, ohe Co ilario?.- uas assured that V | Belgium had no intention of introducing preferential rat cn. A question Shiah has lately arisen concerns prof€ roueos granted in postal rates on mail despatched from the mandate to the state. Great Britain and France hale provided for the sending of letters from the mandates to the !a>thor country at lower rates than those lipoaed on nail going elsewhere. ‘Sie comission, during tnolftli aosalon. Investigated tn© principle Involved, the (Sieiman of the opinion, that this ms a clear viola tian of the toms of the mandats. M* likewise thought that a differential postal eharjge c natitutM n real advantage for the trade of the mandatory. Other swabers, M, 7an Boos, h Berlin and r. xaatl, did 40 not agree, beirag of the opinion that the pra ties rus arolably j iatillable. 41 Oocsiissim, after further discussion, adoptee a note un t:G aubject, 4s aaJdlng for full information concerning Ihe arrangements ;iade. " Jhon the tiiirtecnth session ima hold, the deair-d data not at hand but maaibers of the corx;iiaaion e>:pros.mi their opinion to that the principle I • 44 involved should be protected. An abuse liiich th© ccmlssion has stopped has been Lh:4t of restricting the shipping trade to the vessels of the mandatory po® rs. Under tho Australian Shipping Act, trade between flew Guinea and other points was limited to Australian bottoms, no boat being allowed to call at xabct.il except via 45 Australia* Jie Commission stated that this legislation vloW-d the 46 mandate and should be amended. In response, the Australian government 47 . repealed the objectionable provision. ’ Again, an ordinance o£ Tanganyika for 1923 gave coasting voaaelo preference over ocean-going vessels. Ihe Chairman of the Co niscion, in commenting on th© measure, waa at first of tae opinion that thia violated the principle of equal treatment rcapocting transit and shipping. iThen assured that other powers could engage freely in the coasting trade, the members of the Commission were satisfied that there was no reason to object and no mention was made of matter in the Report 43 to tiie council. The comieaion ha a succeeded likewise in upholding the principle of equal treatment with respect to railway rates. In investigating the situation in Syria, it elicited from the official representative the declaration that B all persons are not nationals of the country were considered to bo foreigner, qhe French were, therefore, trooted on the same footing as 4o nationals Qi other nations.” j n like manner, the Commission was assured when it made enquiries concerning arrangements in f panganyika, tuat no section of the population was favored above others in the matter of charges for **all* □0 way service. ~ *<F <W oso Japan and South Africa are assimilated to the Customs regime of die mandatory; uinutos, 10th Soo0<», 41. 11. .MIBMMM 7* Httt Annex XXVIII* 12. Uinutoa, Ist Soos., 21. 14. sens., 20. 13. see paragraph 2y. 16. ainutes, 11th 3eos., 80. l6 f bT ine is® napport 18. Uimuteo, lyth Jeso., 31. 19. Ibid., Bth Soso., 106-0?, 199- W- Minutes, 'l3t2i , 21. lsm«72?7F ’ &. jraxuance do. the Hi h Calaisainner* doted April 9 rd, 1924, Uticle 7* 25. yinutcn, Sth 3ess.* 196-97 The attention of tae Council was called to tn© mttcFln the Report. Idem., 137. v 24. 1924 'expert .a * * rioicxi Ml .riglnall.; at Germany. 26. ilth gcoo., 29 The Coiamisslon, of course, has agreed that preferences can be extended to the ”C* mandates as they are administered as 1 >togral parts of the mother country. Jee 1922 Report on British 20-21? ;imtoa, 3rd less., IS2? Hid., 6th >«Bi . - 28. See 1923 Report on Palestine, p. IS? Minutes g sth Seso., 36. 29. Ibid. , 2na Seas* , 3* 30. "iUiL» 3 Bth icss., 63. 31* I^i'S'. s let Sosa., 29. 32. Tb£U. , 3rd Seas., 142. 33* 9 6th leas., 126-2/. Tauten/9 Ui Sess. J 55. Ibid.lst Sees., 19* 56. Official journal W* U, p- 1269* 57. idem.ri—w 58. , 6th Sees., I>2. Ibid,; 4th Soss., 69. Sb inslated thaTi 5H5 i eSt ■-• tlon of proceeds between trie mandated territory and tne colony of the nether country, pee jMd. , pth dess., 9 £>lol 40. I’ bid» f esc., 41. 18S&, 16062. 42. 170. 4>. Wm W sesc 14. 44. Idem., 171*72. 3. CONCESSIONS AND EQUAL TREATMENT Besides establishing the principle of econotalo equality with respect to tariff regimes, th© mndates system also require© that there shell bo fair and impartial treatment of all national© of member of the League and of the United States regarding concession©. Only the for Syria and for the n ß*‘ territories regulate tie matter of oonooasions specifically. Kevertholose, the CocMssion has applied the general principle of fair treatment to all of the mnndatoG. It my be well to note the action which has been taken with respect to each type of territory, ihe clearest application of to principle has been mdc in to *3* areas. During the fourth session, the (tenission diooueced the problem at length, "ho 1225 Report on tie French Cameroon© showed that a concession of two hundred oquare kilometers of forest planted with mangroves had been granted to a private company* Sir IL raised the question of whether this violated the principle of economic equality* M. pointed out that no monopoly had been created and that concessions were permissible 00 long as such abuses did not exist. M« Orts agreed, saying that privileges to exploit tie resources of mndated territories could bo granted? there would be a question of monopoly only if the grant extended to all of the forests of the Comers on a and if the rights had been confined to the nationals of one country. He remarked, •. ri 2 I ay s tea, it was sufficient, therefore, in order tot economic equality should be respected, that cmooeaions might bo granted to th© nationals of all .the states members of -th MUwß* It would not be advisable for th® Commission to give the impression tot it condemned a priori the glinting of concessions. * Sir F. Lugard agreed but emphasised tile danger of depriving tie natives of sylvan product© by large concessions of th© under review. M« Duchcne referred to Article Six, paragraph Ihree, of 1210 authorises concessions for ths dwolopment .of mturol re* source a no lonr; as there are no d iso rlifaiationß os to U» Van Roes roi.iinded the conniosion that trees whidi were of use to the natives were ex— eluded by an ordinance from European exploitation. d .sc isai-xi served to bring into relief these principles which hove been c<> mW' mly ollowedt concessions are permissible if node without distinction as to Honnlltyi native interests, however, must at all times be respected. subsequent di scuds lono have revealed the foot that France has accepted and observed the doctrine laid down by the Comission. By special decrees th© Government has reserved the rights of tie natives to the use of the woods and forests belonging to them, permits to exploit the forests must be secured from the Administration, ond ihe felling of treoe nust be conducted under supervision. Furthermore, a new policy respecting the grsnting of rural soncessions has been instituted; only spall holdings are to indiv* 52 iduale. Tne CocMssion has discussed departures from the principle which have occurred in the ■ i-rritorlea and has fMHKIN • I buses* thus, when complaints were received that the Imperial cold storage Company of Southwest Africa ®ae a mnopoly, the commission mde enquiry of ito character end was assured that it was e private company enjoying' no particular privileges, contracts being granted to other companies- on the same terms in ■ South-cest Africa. Considerable attention has been given to the actJ-vitios of the south Sees Development Company in the Japanese Islands, which has con trol over sugar production* During the tenth session, the Co ■mission enquired concerning the possessed by the company with a view to sole mining . whether abuses Mated. It transpired that the organisation had an efrective control over sugar production and distribution* We □muniseion aeauod more interested in the welfare of the employees of the company than in maintaining 54 the principle of economic equality. Further lifomation was asaed during the twelfth session. Sato, the- official representative, explained that the company was a purely private one and had no financial relations with the Government. He a Mt tod, however, thot.it had a monopoly on the growing and 55 selling of sugar. Wore is no doubt that such an arrange’ sent would bo invalid in the *3 n territories but no objection could be legally made by the CemieMon in th© present instance. We Ccxuat o a ion has ll&ewise given attention to the monopoly of the British phospho to ccrapany in nuuru. It has, hornev been concerned principally with the question of native welfare rather tuin with ensuring the observance of the principle of economic equality. Un-56 d iubtedly, a ioonopoly exists In this caco. It Is thus apparent that the Comission has interested itself in the Ko* territories only to the extent of caaurlng that monopolies granted will not infringe the interest of native populations. In the territories wre attention ha? been given to ths principle ol economic equality as a principle in the matter of conooooions. In Syria specific provisions of the mandate forbid discriminations in tills matter. □ dun has, thoreioro,. insisted that such provisions be carefully Observed. Was it was of the opinion daring its eighth Bosnian that the banking arrangaaents established by the Franck in the territory should bo modified to hormonlES with tic V ris of Wo mndnto. ih© Syrians had coraplalned that We Administration allowed French financiers to control th© oconcolo dcotlry of Wo oomtry, resulting W ural dng coy the greater pert 37 of its gold aupply. Hie finances of Wo country were ;t Wo time controlled by Wo Syrian Bank, tie mjorlty of We shares h l.ig held in France. The bank h id been given a monopoly on We isauo of ooJ*r . noy and had substituted paper for o gold basis. The r suits, arising from this condition of affairs, wore examined in fhll by the Comiisolon and a rocomendation ms framed on We H subject io be submitted to We Council. It was suggested Wst,when Wo fmnrdiiue came to an end within fifteen years. We monetary regime should be al-59 to rad to break Wo French mmepoly. Hille tho mandate for Palestine doos not forbid ao.iopollcc,Wo Com!®* sion hoe, nevertheless, carefully reviewed concessions granted therein. numerous complaints have been raised, particularly by Wo Arabs, to We privb* leges given to certain in Wo territory. Ono of the most important concosaionß la that enjoyed by We Rutenborg Company, organised to famish electrical power to th® country by doming We Diver Jordan and using the Sea of Galilee as a reservoir. since the initial capital outlay w a Very groat, the only way to make We project at all rocweratlw was to issue an exclusive 60 franchise to the company. When We Chainnn of We Commission marked that this woo an extraordinary arrangement in that it prevented cot petition. Sir Herbert Bmuel explained timt the coneesalm Itself fixed rates to be charged far electrical and determined Hie profits of the company. Hio Arabs have severely criticised various other franohiaoa granted to the Gutenberg interests. To avoid the appearance of irregularly or of fave* ritim, Hie pnlootlne has assured the commieslon that in the future all concessions will be put up Ha tender before aw rded, a police cy which the Ca.Msoion ha a insisted on vexy strongly. ' The hoe taken no exception to the action of Hie British government in granting mnopolies for essential public works but it has insisted that they be given Hie fullest publicity and that definite rules be applied in granting then in order to avoid adverse criticicra. $ A coiiaeßolon rhioh gave acme 64 cause of vma Hie salt tionopoly granted to Jewish interests. ‘Jie Arabs that thia caused then to pay higher prices for salt; also# 65 Hint it had been granted secretly to the Jewish fconsxile Board. The official representative pointed out Ui't the monopoly would expire in 1926 and Hrnt thereafter txo company would be granted no further special privileges. A delicate problem has recently arisen in Iraq, Durlrjg the twlfth session, Bribers of the ooLX’icaion drew attention to the fact that the concession ;;ranted to the AnglflHPersian Oil Canpony before the war had been extended by the Imq Oovornmant H period o:-. thirty-f Ivo y ft* SB Chairman raised the question mother tills did not violate Article Eleven of th* asndate. Ihe peculiar status of Iraq ©a a seni-independent state gave rise to difficulties 67 which trie Comission admitted would hav to be attacked very discreetly. 1 I . A rapporteur, .r. Kectl, woo appointed to draft a note on the question* He declared that renewals of concessions wore seldom extended before the oxpiration. Further, he ciphaairod the ruropean rule of administration that contracts could not be altered except to the advantage of tae state. He suggeuted that the Commission should get full information and examine the ques-68 tion thoroughly, which it agreed to do. It remains to be seen what dio-69 position will be made of the particular issue. Tiie principle of economic equal lily has boon interpreted by the Comiissiui to mean that all nationals of States Members of tno League and of the United‘States should bo given the to bid freely on contracts for the construction of public works. Time after time the has enquired smother such contracts were put up to public tender. Complaints hove been received that tho Government of Syria has been guilty of favoritism in the matter of awarding contracts for public improvement®. This has caused the Commission to examine the question on a number of occasions. The action of the Government has been justified on the ground that tie contracts have been small and that most of th© complainants have been irresponsible p roons whose bids have been turned down because of their inability to perform their obligations. Tao French Administration has declared that contracts for all public works of signlfloanee are let only after full publicity has 'bem given * 70 and all responsible persona have been extsk-d an op -'ortmity to bid. Again, in reviewing the project of the Administration of Palestine to develop the potassium chloride resources of the Dead 3 co, the profits of which should go to Palestine and Trans jordan, tie Comiceion enquired Into the mcnnei’ in which the contract had been granted. Sir Jahn acid that the concession had been put to public tender. Five applications hod been made but none were 71 otisf ictory and Uiat the bidders were osked to re-subiait tneir propoaitiona. A practice lately adopted by MM9d ' Ml made by them to tii© mandated territories to bo expended Ln the Liandutory otuboo, hoc given taie Commission some concern. A projected loon to mode on tiic condition that it could not be used t; purchase supplies outside ths British Empire. blenders of the Commission were of the opinion that thia would be technically satisfactory If the money were used for lentlol public works and services'’ but the question was whether thio would not be taking an unjust odvantc> e of tho mandate in that it night thus be obliged to outer into con* tracts for on conditions less favorable than would otherwise be the case, mandate was not a party to tie contracts a guardian should not use hio position to profit at the expense of his word. ihe quectim raised thus contained two ospectsj economic equality ad protection of the interests of the mandated territory. Jhile no accord was reache. on the principles concerned, members of tho Cowianion egreed that the srrungeaent should be acru* tinisad very corefully,and' sought full information to d-rbomine whether the 12 provisions of the loon wr-re opposed to the Thore is no doubt tnat the Comuiaalwn has been able to impress upon the mandator lea the significance of the principle of economic equality provided by the different mndatec. It has been instru.iental hi getting the states having and *i 1 ’ territories under tueir control to accept th© .rinciple in 75 full. It has alao taken car® that they live up to tho principle by critically examining the arrangements in all of the territories a id ticking suggestions for changea Uhoro required. 1921--22 hoporf, 92. 46. Seos., Ql^}Q S 180. 4?. Jopß'/'Vth dess., 3. 48. KHL, Hess., 14/. 49. TX,., 11th jobs., 148, 180. so. □2. on French camorpons, 26, 76, 114-116.C0m uoaiui has endorsed this' SeoaT, Ihe has applied the scb* prfnoiple to in u’ing itself that no monopolies wc ' ■ srd Sess., it has been hold pomlssibTefor F” ” . ~tory to giant pref trvnoen to prospectors in rah"Jng. ginuteq, Ist Cess., IS> 1b1,.» 11 Ui 49. ibid., 9th geea™' I 'SS» SO. 12th seoa., %>. ’ lES** ’•* 57.“ ~ 53. Idem, IOD-Of, 112-13, 122. 3p. THS., 205. Hie bank has been -recently re-organised to bring it Uoro dcfTTHicly into . ocord .ith the spirit of the isa/Klate. Sees., 131-82; 1227 158 ff. f (r 60. geo s tntoMn? o&’" •lr Herbert 3er,wl, tie High GarolsslQner, j sth Sese., 85. 17M6. 62. pth hcos., 172-60. 6s. TEw., 222-24. 64. See 1925 Report on Palestine, ly# 36-37# 148. 41 • Minutes, 7ta fess . 66. Told., 180, 224. ~ 68. Idem., 136-5'7 6p. Ip th tecs., l/p. yo. Ibid., Bth 3- JB., Ibid., Seas., 173. 71.1110 ha ci been recently grintod to reipmaeible bidders j yinutas, 13th 3ess., Sy. 72. ibid., 12th Sosa., 66*67, 16pj the problem is still pending, Minutes, 13th Seas,, 4. MAINTENANCE OF FISCAL INTEGRITY OF MANDATES me Onda too Coixiiosion has performed an important function in maintaining th© fiscal integrity of the mandated territories. Iho question of its competence in reviewing fiscal arrangements in tn© respective territories t rose during tiio first session* Hie Chairman asked whether the Coroissiun was empowered to determine want was being done with funds received in the mandated* Mr. Ormsby-Gore, then a member of tlxe Commission, argued that this body existed to watch over th© material and moral development of the natives and, consequently, wa in a position to determine whether the finances of the territory were aged in keeping with this principle. M. Orts suggested that the Commission would gain much information if it were supplied with the budgets of tae territories. M. Beau said that the French thought that th® actual composition of the budget did not concern th® Ihe Chairman, while recognizhig the Halts of the Co.mission’s authority, said that it light suggest increasing the use of MMy for needed purposes, 'fie discussion ended without any definite conclusion 00 to how far the Commission could go in securing budget-74 ary information and exercising supervision over finances. During the second session, the Commission began to review the budgets of the mandated territories 9 discussing with the representatives such natters as taxation, ro serve funds and expenditures. Oh© discussion for the moat part elicited data on minor points and in no wise indicated any Intention of the Comission to 75 exercise financial control. Nevertheless, the question raised concerning the position of the British phosphate Co® las ion in Nauru indicated that the Mandates Commission would not be satisfied to stand by and allow Vie Covenant of Vie League to be disregarded. The questionnaire which was adopted for *B" and *C* territories included a paragraph on public finances, asking for "Vie general schedule of receipts from, and expenditures on, the territory, 77 budget system, indication of th© nature and aeaaessiont of taxes." During the third session, the Commission began to insist that full Information should be supplied on these topics, thus showing that its members intended that a full review should be made. During the examination of the 1922 Report on the French Cameroon® and French Togoland, a searching investigation of their fiscal systems was conducted. J. Duchene, th© official representative, was very reluctant to admit that the Commission had any control over local finances, saying that Vie French parliament could not recognise such outside control. 'The Chairman replied that the Comieeion know only the mandatory powers and not their parliaments, and Duchene agreed that full budgetary info nation 78 should be attached to the next report. With the principle established that the Cornu ission could secure full information concerning fiscal condition,it next determined that separate budgets should be minteined for the mandated territories. During the third so Sa ion, the Chairman noted that, although the British caneroons wer© administered as an integral part of Nigeria, it was necessary for the finances of 79 the two territories to be kept distinct. Subsequently he repeated the rccomaendation, calling trie attention of the ofiicial representative to the 80 fact that as yet there was no real budget for the mandate. In its fifth report to the Council the Commission declared that it violated the Covenant for a territory to be 30 i corporated with the mandatory that 0 separate Report was impossible. It stated that gaps existed in Vie reports of the British and British Togoland which prevented it from informing the Council whether 0 deficit or surplus existed and whether the welfare of tie natives ms being promoted, separate financial statements, the Commission said, were es-81 sential; otherwise, necessary supervision would be impossible. separate budgets were in time drawn up completely in conformity with the desires of the 82 Commission. Ihe Co.mission has from time to time reminded Vie Governments of Vie requirement that full information be given concerning financial affairs and that separate budgets be maintained for Vie mandated territories. Thus, 83 84 it has criticised methode used in Tanganyika, y Syria and Lebanon, Southag 86 87 88 West Africa, New Guinea, Ruanda-Unmdl, Palestine, and elsewhere. Ihe criticisms thus made have had th ir desired effect. An examination of th© mends to ry reports reveals the fact tot the wishes of tiie comission for complete financial information hove been reasonably well granted. It is algo evident that separate budgets have been drawn up, though 4ot always in full keeping with the desires of members of the Co mission. In applying th© principle of fiscal autonomy of mandated territories the Cosiniesion employed a legal analogy M. Rappord stated tot "everyone agreed that a guardian could not us® any of the wealth* of the person under his char ein order to enrich himself In this r apect the financial independence , 90 between the guardian and tae person under hie charge must be complete." In accordance with this principle, the Commission adopted the following resolutions s R lt would be contrary to the spirit of disinterestedness which is th© characteristic of the system of mandates for a mandatory state to create, mder cover of its mandate, in the territory entrusted to it for administration, a Government enterprise of an industrial character, the profits of which were credited to the central budget of the mandatory state. * Thus it has been held that the mandatory n»y not use its position, as such, to advenes its mm interests. Hila rule has been interpreted by 4. Van Rees to mean dial, 4111® the mandatory may own and operate productive enterprises within the territory, it may not uso its governmental authority to reap an undue advantage from that 92 should remain essentially a private undertaking. Hie correct rule applied won explained by th© Chairman when he said that *the spirit of the Covenant waa that the mandatory power should obtain no direct financial profit from the mandated territory, That did not, however, imply that, little by little, as that territory developed, th© mandatory power might not receive many in* 9> direct advantages as a result of its position.* Several instances have arisen In which tn© Commission has been called upon to apply th© principle thus recognized, particular attention has been given to the activities of the Japanese Government in the exploitation of phosphate beds within the islands under mandate. Although these are *C H territories to which the restrictions concerning economic equality do not necessarily apply, the Comission has insisted that the fiscal autonomy must be respected. During the third session, M. Orts called attention to tn© fact that the Government practically exercised a monopoly in working th© phosphate 94 beds. Subsequently, sir F. Lug ard pointed out that all revenues from th® territory went into the treasury of the South seas Bureau or the Japanese Gov•rnmont, which was opposed to the views expressed by the Mandates commission and appeared to challenge tho very basis of the mandates system. In the Report to tiie council,the Commission stated that it was not in Bonfomlty with the provisions of the mandates for the revenues of the territory to 96 go into the National Treasury. in the 1924 Report, Japan undertook to defend its action on the ground that the revenue went into the South Gena Bureau and was only ono-third of that required to carry on the Government of tile mandates, the remainder being supplied by Japans that, as long as the mandate vms held by Japan and administered as an integral portion of her territory, its finances would have to be treated like thoso of th® Japanese colonies, Korea and Formosa; that it wo legally impossible for Japan to constitute th© South Seat Bureau a separate personality and that Japan was 97 under no treaty obligations to do so. Ihis explanation, however, did not satisfy the Oomi ne ion, which declared that some means should bo provided whereby tiie local finances would bo kept distinct. Just recently Japan has consented to give an itemised account of thq returns fro a th® phosphate mines and other sources of revenue but it can hardly be said that the principle advocated by the Comics ion has been entirely accepted. Another case illustrating the action taken by the Co arose during the third session. Tae 1921-22 Report on New Guinea contained the statement that the Australian Trade Agency, established at Sydney by th® Comonwec Ith Government to purchase supplies for the Administration of th® xpropriation Board and for tho AdMnlstration of New Guinea, had earned a profit of twelve thousand six hundred and twenty-eight pounds, which was paid into tho 99 Treasury of the Sir F., Luga rd and y. orts thought that this violated tie principle of the mandate and members of We Oamlasicn . * 100 ©greed that We mandatory could . ot une its position to make a profit* The official representative, air Joseph Cook, said Wat since the mandatory received no contributions or returns of any kind from the mandated territory although it exponded large sue® in New Guinea, it considered it only fair to set We small profit off against the expenditures whidi had been incurred on behalf of th® anndated territory. For instance, he said, the- Commonwealth paid forty-five thoimnd poxids a year in suboidieo to We mall service alone. Sir F* Luge rd however, stated that We Commission was desirous of keeping Inviolate fee principle that the cumdatoiy power should not derive any profit fro© tho mandated territory* He suggested, *w >uld it not be better to credit the profit in question to the local revetw and proportionately reduce the grant in aid? It was merely a question of bookkeeping, but the principle would be saved.* The Chairmen said that if the Australian Government entered into bisiness, it waa not on tie ©am footing as a private individual, since It did not pay taxes and might enjoy other privileges* Sir Joseph Cook declared that the profit of the Government Company was so small Wat there could be no prmo tloal objection wade* $ NwerWalsss, the comission asked for full information as to the nature of the oommrcial agency and whether it enjoyed special 102 rights. The 1922-23 Report on New Guinea declared that tore ws a <s- of fact in the preceding Report, profits earned by the New "luinea Trade Agency were paid, not to the Comow*eal th revenue, but to a trust fund which woo distributed at tie close of each accounting period to uio Administra- tions of Now Guinea ©nd Nauru. The principle of fiscal was thus not violated. In several co jog the cawaiesien has upheld the rijit of the nnndatory to engage in business in We territories under its cliargo. Huas it declared that a cotton gin could be maintained in British Holland to encourage local raising of cotton by natives, on the condition that the Government 'would cease operations the nnont that the cotton industry was on a footing stable 104 to support a private ginnery* Again ,it was held sat lei j >ory for the Ad- I . ministration of Syria to give aid to the silk industry on the ground that such ]OS was not a monopoly but was a mere Governmental subsidy. * Tao Commission has upheld the action of the Government of Tanganyika in -svoloping salt .nines iryc la tie territory but ha© secured itself that no preferences are enjoyed. Further, France was declared justified in taking over and operating the Hed- Js2 Railway in Syria, the line having fallen into bankruptcy, in order to pro-107 vide naoeseary tranajwrtation foe ill ties for \he public» 7ao commission has been active in coeing that tiie mandatory powers which control the finances of the territories do not take advantage of their position to burden the mandates with obligations whieh they should not aesuae. In several cases it has been held that funds collected in th© mandates camot generally bo used on the outside. The following rule has been adopteds a (l) st’boidios are only admicoible if they concern institutipno . n . ,>e acid to benefit the mandated territories Materially or morally# In the case of Institutions or works subject to oommon expense between several territories * the Cemission will endeavor to see that each contribution shall be proportional to the profit derived therefrom by the mandated territory in question. (2) Bubsidiea or contributions which attack the principle of economic equality ure in no case admiscible.** Ihls rule hoc been applied to forbid the French Camroono to make a contribution to victims of a cyclone Milch had devastated yadagascar, the oomisoion saying that *®uch a subscription from a mandate for th© benefit of ano tiler territory would, indeed, oncomter an objection of principle arising out of the nature of the mandate, which is a guardianship exercised by the OB* datory power in tho mm© of the League of Nations over populations which are 109 □till minora. ** Just recently the ©omission tec considered several mttero which appear to violate the principle. Sius it has questioned the authority of Belgium to charge Rmnda-Urmdi with the cost of a survey for the delirnitation 110 of the territory l • frontier. Again,it has decided that the cost of military occupation of territories during the war should not Is© charged to the mandates 111 but should be bom© by the mania lories. Membe-r® have raised objections to the action of Belgium in charging trie mandate budget with it a pro rata share of the coot of tiw central Administration on the grojaad tiuat thia tho 112 v®rd of the ganoroeity of the guardian. ’Hie qu stion of viiother the mndotes should defray the expenses of printing the annual reports and of sending official representatives to Geneva has lately benn taken under adviseiwit. In general, the ooxiiaclon has expressed the opinion that fiscal should not bo carried to the point of preventing the mandatary from aiding the | 15 territories in mttero of thia kind." ft. "3iis its nhosm fey of the mndatoiy reporta. See 1925 Report on British 1225 Report on British 62; 1225 on French Togolend, 90; 1925 Rapport on qaaoroona , 16; OZi 2p; 1925 | > HQporT^n , Tj-Tl'i 1 Beppor €on 3ygia and T i ebonan > lf6j of Bir. Bourdillon, %iic iLMinutcs, 12tli ?ea«», pO-p 1. 7s» Seas., 14, 4S. 76. W»> 77• iMLj 82, 84. Like Info mation was elicited from the "A” territories; see Section XV of the Questionnaire on Syria and Section XXI of tli® Queationnairo on paleotl£o. Annex VilT* 79. 16061. 80. Ibid. t Sth Sesa., >O. 81. T<ToH. 9 190. 82. THTa., 10th hesa., 105; Ibid., 12th 'loss., 75 85. minutes, 4th Sees., 111. 84. ibid., sth jess., 114-15; Ibid., 11th Seas., 156-57. ibid., 6th seas., 178* 86. SEl** Iss* Ibid., 11 th Sees., 37-58. 87* THTL, 6th seaa., 216. 88. Ibid., 9th Seas., 175. 89. Gee 10 Report on Western Samoa for 1927* 24 ff.j 1927 Report on Japanese lalands, 54 f£; 1927 Report on Souto Africa, 21 ff.; 1927 Report on guruTM ff.; 1926-27nRaport"on JewjulSi, $3 'ff.; 1927 Rapport on the French gwrocma, 55 f 'on French Roland, 45 ff.; 1927 Report onto , 121 f£; British ‘Togo land, 69 fKj 1927 Re port on 16 ff.; 1926 Rapport on 18ff., 4sff.; 1927 TT™ on Syria, 14T ff 1927 Report on Talca* 7 r fT1927 Report on 90. dinutea, 9th gess., 82. yi. Minutes, Jrcf b'eoa., ?37'. r 92- Sosa., 181-82 25. THa., Soso., 1/4. 94. *§>64* The Japanese Gove mam t denied that it a monopoly on the ground that private coKipaniec could engage in wi© mining of phosphates. -Ibid., sth dess., 15; 192.4 Report, 51. Wi'Yesa <7 9b. Idou., 193, 97» report, 54-05. 93. iSth Secs., 52. 100. >rd Sees*, 101 103. Seo pp, 79* 104. see 1923 Report on British Togoland, 16s Minutes, Sth dees., 33. 105. loom., 10th * ’ 106. Ibid., 11th sees., £3O. 107. TbH., Sth Sees., 39-40, 104-05, 199. 109. 11th 3cas«, 42. 110. TTO., 12th 3«a0., 158, 158-5?. ill. lE., 37- 5. THE PROBLEM OF LOANS In its insistence upon fiscal auto >r mandated territories, the Ccmiocion has not stopped half my. not only mist there be a separate budget, ndt only may the mandatory not reap any direct profit from'its oaitlon, but also that typo of penetration k onamlc imperialism met not be prac- ticed in reference to loans made to the mandate® by their protectors. Ihc first case which arose to bring out the main factors of tie prob Issa was re viewed during the third session when the Report on the French Cameroon® was discussed. ■At the time the French -ere endeavoring to develop tie railways of the territory but found that local revenues did not suffice. A loan was therefore projected, which the French parliament had boon asked to guarantee. Ihe IhMMM id that this policy raised a grave question of principle. Bhat wee th® nature of -the to be given? How would the taking of security be md® cone-latent with the principle of disinterest on the part of the mandatory? If the French Government guaranteed the loan, would not thia confer rights on the mndstory power with respect to the railways which were the result of the loan? On the other hand, the proprietary rights of public bapiwementa ought to belong always to the territory in order to safe-guard the future of the mandatory system. U. Orts appreciated the motives of the French Government in desiring to dovelop the .aondated ter Itory and admitted Lee t there must be financial aid from abroad. He said, howev r, that "the problem was made difficult because the mandatory power could not, in order to guarantee the loans which it mad®, mortgage the mandated territory, as this would be contrary to the spirit of the mandat® system." H. Duchcne, the official representative, said that the mandatory could hardly bo expected to bear ell trie burdens of administration without some hope of recovering its advances. The Chairman urged that the Coaiission should be assured that territories under mandate remained freo from any mortgage, air F. Luga rd pointed out that mandatories were naturally hesitant to advance gifts when there Wes a possibility of the territories being transferred, in which case they would lose all Uiey had so ad-114 vane cd. The question wag lurther discussed wnm the 1921*22 Report on Western Ramon wag reviewed. The Chaim noted that before 1922 the suns contributed by New Zealand to supplement the local revenues had not borne interest? in 1922 a contribution of twenty-five thousand pounds- provided for Interest and 1% oinking fund. He said that he ”thought that trio position was somewhat extraordinary from a financial point of view. It was the lender who had fixed the rate of interest and fund. If the budget was not the lender made up the balance, and thus a vicious circle was formed. :he debt was con-115 stantly increased unless the revenues were increased.” ' he pxdLncipla involved was examined in a later meeting. It was pointca >ut that securities were not tn ken by countries for loans mde incir colaoies., Lit that mandates wore.in o different category. Taey were not under tnc hov of iae mndatory power, which might -thus lose its m unlikely danger in a sim- ple colony. Should the principle- be established that the transfer of a mndate could bo made only after the mandatory had be on compensated for all its expenditures in behalf of the territory? M. Orts thought that such uiiuuld be done. Sir F. Lizard of til® opinion that the League of nations should be loft to decide whether compensation to be given. M. pappard believed that the mandatory should bo allowed to make its own conditions. M. Van Reos said that the question of the mandatory* s giving up its territory was merely academic* He did not think that loons would endanger ‘th® mandate in any was oven If securities were taken. Sir F. speaking again, emphasised the fact that private investors must know the status of th® territory before they would make loans therein. iho discussion carved to bring into relief the ossential features of the problem. Members of the Commission agreed that mandated territories or properties in then could not bo annexed under the guls* of forceloaurea loans. matter wea again taken up in the plenary meeting of the third session, M. d’Andmde a statement which reviewed the orinclpal factors involved. Ho pointed out Hint mends tad territories needed outside financial be HF !!••• by |MMhiIW« Bl ent policy had yet been developed by th® mandatory powers. Investors were uncertain as to vhat steps to take. It wan not compatible with the mandate principle for mortgages to be given on aendutod properties, yet investors must be reassured tiw would bo protected, ihe Qaaalssion was, th -3, asking the Council whether it sag pemioible for the Laudatory powers to take mortgagee on public works to secure loans made for Uieir cons urao Uux, also whotlier, hi the event of transfer of mandated territories, the mandatories would be held responsible to private parties for loans mode, or whether these 117 obligations should bo saddled upon the state succeed? Jig to the mandate. In- elicited by the Comiasio:: '. n of ths problem indicated that there we considerable difference of opinion among the mandatory posers, Belgium regarded herself as occupying the position of a trustee in civil law. Shen money was advanced to construct railways in Ruanda* Urundi, it was expected that an account would be rendered at the expt rotten of the trusteeship and settlement made, Hie A dminiot ration would not take security and would o©t off any indirect profits received from the mundato against tho amount due it or its citizens or bondholders. It did not think that the Longue of nations should be consulted before loans were floated but considered the 118 supervision of the Council and the Commission sufficient to prevent abuses. Hie British Government in Tanganyika regarded advances -a nonrdntnragt~bearing 119 loans. " Australia had adopted the policy of financing New Guinea by raising loans on the security of th© Australian consolidated Fmd rather than on the security of uuato conoossims or mortgages of th® territory. It was of the opinion that if the mandate were surrendered, the Administration end tho now ■ mandatory power would adjust their credits with a view of conserving the interest of bond*holdero. Hie position of the mandatory then wan that of a trustee which beoc;.io the guarantor of the loan and which mder the obligation of 120 saying that inveotors ware protected. New Zealand followed the practice of paying deficits in the budget of Western Samoa ,but for permanent public works it advanced money in the form of loans at inter at and regarded it-121 self aa posecasing the right to insist upon the repayment of ouch loans. 'Hie Union of South Africa was of the opinion that tho mandatory should be protected for advances mde and that the Council should toko action to inspire confidence in lenders. J Iho British Government in Togoland and the Cancroons had paid deficits; in Ui® fomer, the Gold Coast having advanced twenty*nine thousand poundss in the latter, Nigeria having paid thousand 12y pounds. Hie British Government in Palestine had floated © loan and guanm- 124 teed it but had not determined whether it would expect security for itself. Ilie Brit is.. panted subsidies to Palestine jpartioularV for military purposes. Hi® general British policy hi their mandates was to wet all deficits by outside gifts. Hie Japanese did not expect to recover the adv-’iicoa made to tlieir mandates but co ushered them to represent permanent 12? sacrifices made by th© Government. ihe French Government in Syria expected to recover a vunacs because Article nineteen of tho licndate stated that on ito expiration tho League- would exert its influence to have Syria loot Ito obliga-128 tione; however* Franco expected no preferences. In her mandates. Franco did not oonteiaalate requiring special guarantee® but felt th st txa risks 129 which it assumed in underwriting loans should be ndeeuaxfly roi ctod. Ihe d iscussion which took place on this queotion* walls o <iiaeii Ing the principle that the mandatories might not use tueir loan policy to further aalfidi ambitions* also had th© effect of showing how divergent were the opinions of the mandatory powers and how uncertain ma ;ic exact atatuo of bonds which had been floated on the basis of property in the mandated territories. Ihe result was to make poeeible investors skeptical and tq drive away needed capital xroa the territories. I he Government of Tanganyika that necessary public works could not be constructed on account of the uncertainty 150 wuioh existed r?s;jcotiag the security for loans. the welfare of the natives eaid to suffer from the inability of the Government to secure needed capital for development purposes. Many persons feared that there would bo 151 interferences from Geneva and their loons might bo invalidated. South- West Africa was very anxious to have the loon question settled. Tne City of Windhoek desired to borrow thirty thousand noundr for local meats and was prepared’ to give adequate security. Novortholeco, it had been unable to Induce the public to loan money in that the future position of the mndate was viewed ae u in. ihe Imperial cold gtorage .■■/tlvis • Bay had endeavored to raise two hundred fifty thousand pounds Mt was able to get only a veiy a mall portion of this amount subscribed because of general 152 distrust of investors. It ms iterative that something be done about the situation. 155 Tho OeGnieslm called upon the Council to attack the problem of loans. The Cotancll requested the to sake o special study i;.j '-.ne entire question. Sir F. Lug© rd preps rod a lueraoranduia which became tie basis of dio* suasion. He reviewed the history of the mttor# pointed out die causes of apprehension mnong th© investor:. toted because of en unfounded fear of revocation of the mnilatos or of ih-r-ir voluntary resignation or transfer. He stated that budgetary deficits in the mandated territories could be met oltiicr by an advance or loan made by the mandatory power# or by a loan raised by popular subscription and guaranteed by the mndatory or, finally# by an ingmrented loan. To obvleio th© diffieultlee which have already been nenttaned# he euggocted that the Council and nsseinbly should be asked to concur in ‘Uie following principles? ■ (a) Revocation of a mandate may for practical purposes be regarded as Inconceivable It could only take place in th© event of gross violation of the mandate and at the imtanoe of the International court, which my bo relied upon to safe-guard all private intoracta. (b) Loans and advances, mother uado by the mdototy power or raised by public □ubsoripticn, should be Bet a a first diarge on tie revenues of the mandated territory and not by tao hypothecation of any specific work or undertaking. p c?or transfer of a mandate, however improbable (except on the acquisition of aolfgovcxmmt by a territory under ”A 5? mandate), would require the sanction of th© League of Nations, and this would only be ecoordad if the now Government or mndatoxy guaranteed tie uervioe of th® loons on th© security of the revenues. (o) Important works ocontial to the public sorvioee should be undertaken by the power alone, in order tot their omernhipp and control may not remin in private hands,, and in oaeo of tronefcr or rceigmtion ox tho .xmdate they my pass to tho now C-ovomwat® Ln such on event the new Government or mndatosy would, as a condition of the Length’a op roval of the chanse> bo required to confer all titles to land and other contracts mde 154 by the retiring mandatory to private companies or individuals. These proposals were examined by the Comnisaion. The Chairnaan was of the opinion that there was not the least doubt that titles to lands or private enterprises granted in a mandated territory possessed the same guarantees as titles bestowed in countries which were not governed under the mandate regime. He concluded that both th® old and the new mandatory must agree before any 155 transfer of the mandate could take place. M. Rappard thought the Chairman in urging th® irrevocability of the mandates went too farj he did not think it wise for the Commission to emphasize unreservedly such an hypothesis, especially as a definite abuse might warrant revocation. Chairman agreed that in case of abuse, mandates could be revoked but thought that this could b© don® then only by a unanimous vote of the Council and Assembly of which 156 tlie mandatory was a member, thus enabling it to protect its interests. Rappard, having been appointed to draw up a note on the question, submitted his study during the sixth session. He stated that mandates were in reality in a more stable position than colonies because the former could be emancipated or transferred only with th® consent of the Council of the League, which would insist on all international obligations being discharged in advance. Hie danger of th© mandatory’s placing burdens on its ward for / the purpose of ultimate foreclosure ma very remote. He saw no cause for a lona, dec laring,”What la necessary for the safe-guarding of the mandatory principle and ensuring the respect due to this principle is that the truth proclaimed by the treaties should be more generally recognized by allnamely, that the rights of to mandatory power under trie mandated territory are not the same as those of a political sovereign or a private owner.” M. Van Rees also prepared a paper on the question in which he cer-158 tain modifications in the recommendations previously made by sir F. Lugard. Mme. Wicksell also prepared a memorandum suggesting -that the matter might bo submitted to to permanent court of International Justice for an advisory opinion. She said that the Council should make a general declaration which 159 would safe-guard investors in the event of transfer of the mandate. ' These 140 notes were discussed by the Commission, and the following recoemendation wag made to the Council: In view of the discussion of th© p. M, c. » in the course of its sixth session, bn the subject of loons, advances and investments of public and private capital in mandated territories, and in view of the earlier discussions and enquiries and of the statements of the mandatory powers of this subject: 1. Declares that obligations assumed by a mandatory power in a mandated territory, and rights of every kind regularly acquired under its administration, shall have under all circumstances the same validity as if the mandatory power were sovereign! 2. Decides tots (a) In the event of the cessation of a mandate or of its transfer—however improbable this may be—to a fresh mandatory power, the Council, without whose approval no such change can take place, will not give such approval unless it has been assured in advance that the new government undertaking an administration of th© territory will accept responsibility for the fulfillment of the financial obligations regularly assumed by the fomer mandatory power and will engage that all rights regularly acquired under the administration of the latter shall be respected; (b) Moreover, the Council, when this change has been effected, will continue to use all its influence to ensure the fulfillment of these obligations, as has already been expressly provided in the mandates for Syria and Lebanon and for Palestine. In this manner a very difficult question was disposed of in a satisfactory fashion. Loons and advances have subsequently been mad© in the various territories. Xn conformity with the principles agreed to ly the Commission and the Council, M. Van Rees summarised the position of mandated territories with respect to loans in a study discussed during the eleventh session. At that time the following territories were indebted to the mandatories in the amounts named; puanda-Urundi, ten million,eight hundred thousand francs; Tanganyika, two Ml lion, seven hundred and thirty-five thousand, eight hundred and ninety-one pounds; New Guinea, ninety-four -thousand, seven hundred and twenty pounds; Western Samoa, one hundred thousand pounds; the French five million franc®. The following territories had no public debt in 1927 s British Togo land, the British cameroons, French Togo land, Nauru and 142 the pacific Islands under Japanese mandate. The action taken by the Commission and the Council on the general question of loan policy served to clar- Uy the issues involved and to reserve the mandate principle without seriously 145 embarrassing the economic development of the territories. lbid. / 3000.3 cS-66. 114. HinuteSf Seda., IU. la£~~~6o. UK. i Qjiu w 9 ‘ J re 3 ass’? , v 76-/8 ♦ "IT?. Minutes, prd 511-12. 118, Gtolment of M« Forthosm, Idea,, and despatch from the Belgian Government, Ibid,, 4th ;000., 15. 119. Statement of Mr. Ormsby-Go re 3 Ibid., srd 3e00.» Mil Ibid., 4th Sew., 110*11. J®, g&otes, srd Seas., 170-71* The Gov em inent wag of the opinion that when mandated property ms hypothecated for a loan, the Gounoil must first glvo its express sanction and tiat contracts entered into by the laondatory should be binding on its successor, Ibid., 4th dees., 12, 121, Htataaent of Sir James Allen, Minutes, Jraßjss., 175* 122. Ibid., 4th desa., 12. ~ 129. IHO*, 6th jssa., 115| Ibid., 7th Jess., 51. 124. of *lr. orisby-Gor®, Ibid,, 6th dees., 140*41# 125. fkid., Sth 3osa», 59. ■. Z.., 54. 127* WoScuant of M* iogimra, Mnutes, Sth boss., 45. Some 7,900,000 gold francs verc granted in Ibid. /"fi£x Joao., 19° 126. statement of Ik de calx, Ibid., 4th Sess., 51*92. calS* hinutec, 4tn goss., 141. 150. ;>;it of :r> . DI. Ibid. , 6th Jeeo*, I>s, Ijßa JS3& - . r. Xbld., 4th sees.* 112. T-X ' He also prepared a draft to be submitted to the Council the effect that: (a) Loans should not be secured by any particular property such as railways, harbors, land, etc., but by the general revenue of trie mandated territory! (b) In case of transfer of the mandate, the new mandatory should respect all titles and contracts recognized by the old mandatory. Idem., 180. 155. The Chairman cited Henri Rolin and Quincy V/right as authority for the irrevocability of the mandates without th® consent of the mandatory. 156. Wm. , 104-56. 157• Minutes, 6th Seas., 156-58. 158. jdemT,"lsl-55. 159« I'dem., 154-56. 140. gn., 52-54, 117-19, 145 ‘ 141. Minutes, oth Seasl72-75. Ihe Council adopted resolutions following veiy cloaely the proposals of the Commission. 1925 official Journal No. 10, 150 • 142. Minutes, 11th 3ess., 189-95’ In 1925 Grout Britain advanced as a loan ~4i 000 pounds to Palestine. Ibid., 9th Bess., 179* 145. Ibid., 11th sees., 105-06. ' —— ■ 6. THE PROTECTION OF NATIVE RIGHTS AND INTERESTS In performing its function of control over fiscal conditions within mandated territories, the Commission has continually kept the welfare of the native populations before it. It has nev r forgotten the abuses of the post which ignored the rights of the peoples of backward territories. It has been alert to eliminate evils which exist in the several mandated areas. Much attention has been given to the question of taxation with a view to making sure that th© burdens placed upon the natives are not too heavy. At the first session, the members of the Commission agreed that crushing tax obligations should not be imposed. It was not to be expected that the mandates would b® able to pay their own wayj their budgets would need to be supplemented by 144 grants mado by the mandatory power. Hie Commission has endorsed as a general principle the program laid down in the 1925 Report on French Togolund: **(a) equality of tax payers; (b) taxation imposed on natives to be proportioi>- al to the tax-paying capacity of the districts, account being taken of racial, geographical and local economic conditions; (c) payment of contributions by natives to defray public expenditure, Mien a large part of thia expenditure was incurred in their direct interest. 8 A number of cases have arisen in which the Commission has noted the existence of irregularities and has suggested changes. Action taken respecting the several types of territories can be made clear by indicating several examples. Hie ”0* territories will be considered first. The 1921-22 Report on Nauru showed that a head tax of 10s , payable in money or products was levied. Also, succession duties were exacted on estates,varying from 1-1/2 to 10%. J tamp duties were imposed on bills of exchange, prualsaory notes, drafts, checks and bills of lading, Lioenseo were required of traders. A total of 155,70 S pounds was derived from taxation and fees during the year. ’ In view of the foot that there were only 1,068 natives in the mandate, Sir F. Sugard thought that the taxes appeared to be heavy and stated that the people should be burdened very little, dir Joseph Cook replied that the bulk of the natives were well-to-do, being paid three pence per ton of phosphate extracted from their land and wore taxed only fifteen 147 shillings per head. Again, the of taxation in Nauru was subjected to investigation during the thirteenth session. Lord Luga rd pointed out that the total ravenue was some 17,000 pounds mile the population of adult males was only 596. Thia gave a figure of forty-three pounds of revenue per head of population, which was exceptionally high. Sir Granville Nyrie, the official ropreoentative, replied that it ms to the interest of the Nauruans themeelves for this tax to be psi id 1 they ware voty prosperous, did very little work and found a ready market among the Chinese or such goods as they manufactured. It was no exaggeration to nay that the life of these people was the easiest in the world. They obtained great wealth from the phosphate beds and were able to boar the taxes without inconvenience. Taxation was very fairly distributed and no abuses in this respect 148 existed, «hich appeared to satisfy members of the Comission. The arrangements in Now Guinea have been reviewed from time to tto but the vomalssion has been assured in each instance that natives are not being 149 taxed exorbitantly. xhuo, during the thirteenth session, M. icrlin minted out —M Pastes instituted IC|J of Wo i—tie* ——MB& a ign ml—i I——l to he omw—M*. dooUrod Wst th* aaiM tax waa mldm —eted® Wit thee* we* imp exemptions mish prevented it* iapreltlm frm being harm* BwcrWalsss# ho agreed o—o th* /him&Wtrotim muld talcs IM* mo—l4——Mm 151 to saaiso locil <or» * Ihm th# of th* ComteUm *f tax la Bestc-m •- 152 M—r* wB SNMMI l—Ml 4— tM-B atmt tw p—Mom ten aMlllnga, dir Jame MO the —MM—I MMWOOMMb *— it*ft *C r®**— taaatlao. Ihsll on th* £t**p— * and wa* roprosaated W Cetera* —MB* He |MM that —MB** ter* less Wm IS of th* —* M# M*rHi* agreed that th* standard living *—g th* native* amt b* ted*** — Bm*B—ftp *p*——ng* th* *c—rs in Uemnla —l*o I * 'lhelr mW meme m* d*rl-Bd W* ******* 1B him th* tes M* did net too W During th* Welfth MM—b ®—&«—» *f th* Cobles ion ©eomming th* tm arreng- *— la ths Jupamw ielcmd*. th* WS Hoport indicated Wit th* mtiv*® «w* obliged to psp a heavier poll tax —a non-154 natives* *b —*b th* aeeredited *H*MNNMI*BaIOMb —i sorprleed that *wh A *oM—IM *Mlet md agreed to ©Main on th* point . ‘ WB a— to MitMMl Stellar haw ton mdo oonoornlng ©and! tl one in aorta In of the territories. Ihua, during the examination of' the 1926 Report on Tanganyika, M* Rapp®rd noted that the na lives contributed of the total revenue of the 156 territory. ' ' He asked O' he shite population supported a fair share of the taxes. Ur Donald Cameron said that the burden Of taxation was a constant core. "It was true that the natives paid a greater share of the expanses of the public services. but, paradoxically enough, if the entire con-native population left the territory, the reduction in expenditure would bo comparatively He was convinced, however, that in due course tie Administration cwt take steps to collect a lor or shay? of faxes from the non-na fives. p ‘ * In Ito report to tii© Corneil, the commission asked the mandatory power whether it considered that the burden of tdxction feel in equitable proportions on natives and nonnafives and if not, whet steps It proposed to take in this connection. Th® 1927 Report on Tanganyika states that question daother the incidence of taxation falls in equitable proportions on natives and non-natives is being examined. * durlog the twelfth session, carefully reviewed the taxation system in the British Coieroone for the purpose of determining whether unfair burdens wore imposed. M. napperd observed that direct taxation was born® only by the native, which was a very striking fact, no aakod .If the non-native could not be required to share in the obligations of the Government. Mr. Ormsby- Gore explained that steps were now being taken to osu.ee the Europeans to pay their Ekoar® of the tax :o- further stated Wot Btivt treasuries had been es* tsbliohod to ensure tex autmany to the villages. ’llie cl tuition In Rutinda- Unndi has likewise been taken under odvisaient. the twelftii Rees noted that, whereat the tax on natives amounted to four million, eight hundred thousand franca, only three million, two hundred thousand francs were । r Y . , . • < '. ...... expended in the direct interest of the people. Generally speaking, in the mandated territories the expenditure incurred in the direct interests of the natives largely exceeded the amount derived from native taxation. Ihe opposite was the case in Ruanda-Urundi. M. Ralewyck de Heun ch replied that it was very difficult to a clear line between expenses incurred in the direct interests of the natives and expenses of a general nature which were of equal benefit to them. It could be said, in fact, that the whole Administration was carried on in the direct interest of the natives. M. Van Rees then 160 agreed with the accredited representative on thia isaue. The tax systems in the **4” territories have been studied by the Couaissicn and certain rccommendations made. In Palestine the Arabs have raadc numercut complaints that the taxes levied are too heavy For one tiling, they contended that the tithe of IQ'S had been increased by the British to 12% Mien this change was made known to sir Herbert Samuel, tie High Commissioner, he said that the action objected to had been taken by the Turks when they ruled the country and that he would reduce the tax as soon as possible. He stated that he had already abolished the system of farming out taxes and contemplated n 16% other reforms within a reasonable time. ’ ; These pledges have been .airly 162 well redeemed. Syria likewise inherited the shortcomings of the Turkish system with its Koranic taxes—tithes and taxes on cattle, agricultural products, tobacco, salt and the like. At trie insistence of the Commission, the j 5 French Administration agreed to undertake necessary reforms. Steps aro 164 now being taken in the desired direction. The oormiaaion has likewise recommended changes in the inequitable tax. oysters of Inq. Tn® Administra- tion has admitted the need of reform and agreed to bring about the neoessaiy . . 165 changes gradually. In order to prevent heavy burdens resting upon the natives, the Commiasicn has expressed Hie opinion that large surpluses should not be allowed in the territorial budgets. Hie practise of the French in financing their man* 166 dates by means of reserve furds led toe commission to investigate the possible results of the practice. During the first session, M. Orta, noting that a surplus existed in the budget of the French Omeroono for 1921, said toot M o young colony ought to have no surplus or, more precisely, that any excess of reveme over expenditure ought to be at end® put to further use, with a view to toe actual development of the colony end the exploitation of its natural resources. Such sums would enable it to raise loans required to improve its economic equipment. A budget which balanced did not constitute a correct criterion for estimating the degree of prosperity end vitality of a growing colony.” *,t the end of 1922 toero was a surplus of one million, 168 one hundred forty-three thousand francs in the Treasury of Togoland. During the third session, the Chairman of the suggested that this condition could mean either that there were insufficient expenditures on the natives or that there was too heavy taxation. H. Duchene, the accredited representative, eaid that a surplus was desimble but that it should not be created by burdening the natives too much. M* Beau eophaaired the noe-d of giving th© natives equivalent advantages in the form of expenditures on agricultural improvements, public health, education, and agricultural and professional instruction for the taxes paid by them. Subsequently Van Roes said that a large reserve fund indicated either that the natives were burdened too heavily by taxes or that not enough sac expended on thorn. sir F. tugard was of th© opinion that the method of financing public improvement from current revenues taxed the present generation too meh; the cost should bo distributed among the present and future generations by © method of longer time credits. Th© Choirman summarized th© views of th® Cornmission and concluded that a surplus did not show a healthy condition in the undated territory; the object of th© mandate was Vie dovel-170 opmont of the economic and social resources of Vie mandated area. Th© natter was discussed further during the sixth cession. Tho Chairmn ashed the French representative, M- Bonnecarrero, whether the surplus of receipts over expenditures in Togoland then existing was the result of too 171 heavy taxation. The latter pointed out that the tax represented only 17,00 francs per person, a very small amount; that the country was generally prosperous and that its resources were such that the natives easily assumed the burden; that the surplus hud been acquired mainly from profile on new 172 token nonoy which hod been issued. 1 opinion among osmbero of the Comnisaion gradually crystallised ogoinet the system of surpluses. By tho eleventh session it wao generally agreed that such should bo definitely discouraged. When the 1926 Report on the Cameroons was reviewed it wag noted that 175 e aurplufl of eigatcon million franco existed. M. Purlin thought that the surplus was excessive. H® called, attention to the fact that the Admin* was moving too slowly in the economic development of the territory. Vhy was not c loan made? M. Duca one answered that in two or three years the reserve funds of the Gameroons and Togoland would be absorbed in works of general utility. It did appear better to use tae existing reserve fund rattier than to resort to a loan for this would obviate the necessity of creating a sinking fmd* M. Merlin then said that this would prevent the conelusion of contracts and would limit the improvements to trie resources of each budgetary period. Ho said further that *a loan policy wag an all*e©hraclng one and faced definite problems. The other policy was costly ad aignt bo compared to the murderous policy of sending am 11 bodies of troops on colonial expeditions. 2lnce French had returned to a atcble financial condition, a policy of loans naast bo adopted. 0 g. Duaheae agreed and ot.stod ihst he 174 would forward the observetlone of M* Merlin to th© local Administration. Attention was likewise called to the surplus in th© 1926 budget of French Togo land. Id. ilorlin 0 Id that tt ElUior the very considerable burden of taxa- tion mat be lessoned or budgets must be made to conform more closely to their 175 yield.** * Ao yet the French have not completely complied with the wishes of the Cemiasion. During Hie thirteenth session, a surplus was noted in Togoland end Hie C* aero one, and members of Hie Comission took occasion to remind Hie official representative of the need of reducing taxes and c ifetoms to 176 absorb the surplus while bonefitting the natives. The C anuiesion has maintained Hint accumulated revenue should be expended on native welfare. It has taken core to see that the present generation io not taxed too heavily to pay for the economic development of the territory. A well planned loan policy 177 io favored by the Commlosion. To aid In its work of supervision, ®e ion bias a sited ®at the budgets contain separate columns to indicate expenditures on native welfare, statements indicating sums sot aside for education, heal®, police and the like have been required,for o®erwise it would be impossible for th© Oomission to ascertain whet efforts are being made on behalf of th® natives. Wi® this information before it, the Comralsaion has been able to secure a balance of expenditures in the Interest of the peoples wider mandate. Thus In reviewing the 1922 Budget of the British Cameroon®, the Chairman pointed out that only ®ree thousand hundred forty-eight pounds was expended on education,where' s twelve tiousand five hundred forty-seven pounds we expended on police end prisons. Mr. Ormsby-Gove, the official representative, stated that the preservation of law and order cune before education, which had been left to private enterprise and religious institutions, but that the Adminietie- 179 tion would presently advance more for school purposes. 'die 1925 Budget was subjected to toe same criticism. It appeared tint too much ms given to x Oo police in comparison to education. ' Limbers of the Commission again aug- 181 gtated balancing the budget with native welfare in mind, which had some 182 immediate influence upon the Administration. The 1922 Budget of Nouru was likewise criticized lor the snail amount set aside for educational and 185 health purposes in proportion to that utilized on the wnole Administration. The expenditures an education and health have been proportionately increased 184 to meet too desires of the The Ootralsa ton freely criticized tiie Ooverment of Tanganyika for expending .©ro on tho military department than on health and education. Mr. Ormsby-Gore justified this on the ground 185 that toe ? s aoal Tribe me in revolt ond toe cost of suppress it was great. Another typo of acticn has boon taken by the Osmlseion for toe purpose of promoting native welfare, namely, securing toe application of international treaties to the mandated territories. The problem involved whs explained by M. Orts in the plenary meeting of the third session of the Ccroission. He pointed out that, whereas the ft ß f: nadatee provide- that g eno ml international conventions entered into by the mandatory end applicable to Its colonies oanious to Uh territory should be applied t. .;or, there was nothing to require the application of speoial conventions. Hila, he explained, gave rioo to a situation prejudicial to the interests of the mandates, the inhabitants being denied mos&* favored-nation treatment. The aano difficulty □ rose in the n C f * territories, J. Orts saying that*A power on trusted with a ’o* mandate drew the attention of the Commission to th© foot that a State with which it had entered into relations under a special treaty did not regard itself aa being bound to apply that treaty to the territory over which the former oxerci ace th® iMdete. ihe ailment on which this view is basedif the Commission io rightly info mod— io that the mandated territory, although administered a® an integral part of the territory of the mandatory, constitutes a distinct entity, from the Intematloml point of view, and that, accordingly, international treaties signed by the mandatory State do not apply de jure .to territory under *o* mandates.* Consequently, the Cowieeion suggested that the membore of the League of nations should consider the possibility of extending to the ” K and n c h territories the advantages which were conferred upon / • the contiguous colonies and protoetorotas of the mandatory states by special treaties and oonventions entered into by such states with any other feWiber of the League of Nations, on tho understanding that reciprocity would be recog* nized only ix' it did not in any toy infringe the principles of economic equality. 18 “ •Hie mandatory powers have agreed in effect to carry out the tione thus mode. Thus the Union of south Africa stated that it would conform to the suggestions without reservations. Hie Government of Australia said that in applying conventions to the mandated torritozy it would be guided by tiie rule of whether such territory would be benefit ted. The Belgian Government stated that it would extend to rundi the conventions entered into on behalf of the Congo. the French Government was already applying some conventions to Togoland but did not think tire Camsroona sufficiently developed as yet to neoesoitate such action, The British Government said that it would 187 extend the benefits of treaties to its mandated territories. The question 188 was further discussed during the sixth session and the following final report made to the Council by the Commission: 1. That it requests the mandatory powers and all States, whether members of the League of Nations or not, which ®y have concluded or my conclude in the future special treat lea or conventions with mandatory states, to extend th® benefits of such treaties or conventions to the mandated territories. 2. That it requests the mandatory powers in particular: (a) To take the necessary measures for the immediate application to the mandated territories of hie benefits of special treaties both old and new, provided that this is possible and desirable having regard to the duties of civilisation iuposed by the mandates and (b) In other oases to mention its reports to the Council the special conventions concluded which cannot be extended to the territories in question, giving in each case th® reasons why they cannot be so applied or, why (where such is the case) they have not been suoceosfully applied. Subsequently th© qomlsaion has carefully enquired to see whether trie aandatoiy powers are fulfilling tn© obligations thus imposed upon them* It appears that they are extending special conventions to the mandated territories in 190 keeping with the desires oi" the Coaaisslon. '144. l»t 3e»a., 25-24. 145. 02? Rapport on French Togoland, 57-59? Minutes, 4th Seas., 58. I^^©©up. 101-02. 147. 3rd dess., 173-?9. 148. Ibid., l>th Sess., 57-58* On th© tax system in Nauru, sec- 1924 neporb, 17. W* Minutes, 11th doos., 57-58. VS 1227 9k Wl. Jfe- ■ ; ■ . M» 10wi -x-atem ■ lirs Mew*t» 52. 154. B**' pp 9 Ml—M*» Jees., 48. She Japanese taxes ar* very mid «—«W swaptions are allowed® 1925 %M7* Jap-m tell*** a liberal fMltp in M® rwpoot® Mto*t**» rm Joao*. 79*80. 157. .iiHHSfib* 153, JC33., 20? on Tanganyika, 19 • 159. 3j£^£27*^^ l Yw . " Mto 12th SewsT',' Taxes in Runndc-Urundi are mainly indirect, the Admin'fgtW'tlon attempting to prevent their becoming burdensome. see 1925 Report, 16*17* Y5l. Minutes, sth Seas., 59, 94-95. 162. 1925"W0rt, 10; 1927 Report, 8, 11. 16>." Minutes, sth jeso., 114. 164. 1>26 Rapport an Syria, 166*75. 165. Minutes, SossT, IC-19. It will be noted that the Coaaiaaion has given' primary attention to the tax burden, considering that the Customs duties do not impose heavy obligations. It has enquired on several occ -ato of the possible burden of Customs but has made no extensive study of thia problem. Ibid., /th Sees., 62j Ibid., Ipth Sees., 79-80. 1661 Ihis method was initiated in the French colonies in 1912 and adopted for Togoland and toe Cameroons when toe commission raised doubt as to the regularity of loans secured by toe properties of the mandated territories. 16?. Ibid., lot Sees., 22. 168. See 1922 Report, 59. 169. .linutc:;, >rd Jess., 28. 170. ibid., 4th Sees., jMI. 171* Thore was a total of 16,000,000 franco in th® Togoland Reserve Fund. 172. ' jinuteo, 6th hess?/' 57^8» 17&• 175* ice p. r 44. 174. linutea,, 11th 3esc., T&. Minutea, 11th Seas., 40. 176. ibid., 13th sees., 68-60, 79-80. 177- We Commission has examined reasons for aurpluses in South-Seat Africa, Ibid., 4th Sees., 125; in Hie British caineroona. Ibid., 7th Sesa., 51; Palestine, Ibid., 9th seas., 173-79? and elsewhere. 178. Ibid., 3rd SOss., 160; Ibid., Sth Seas., 29, 41; Ibid., Sess., 217; Ibid// 9th Sacs., 221. 179* MlnutoB t 3rd Ross. ? CT* 130, Report, 63*76; while 20,577 pounds were spent on provincial Administration~cSly~2,923 were spent on education. 181. Sees., 29* 182. W 6 Budget set aside 4,850 pounds for education as against 29,709 pounds for provincial Administration; 1925 Report, 14. 185. Minutoc, srd Rosa., 179; of toe total of TI74?J pounds expended on Adainistruilun only 482 went for schools and 1,050 for medical service; 1922 Report, 14. iWHue 1924 Report, 15; 192? Report, 56. 185. Minuteo, 4sn dess., 111; the coat of the militory was 160,598 pounds for 1922-^3'i"’lS coat of police 170 g 125,364 pounds; but only 89*999 pounds was expended on nodical and sanitary services and 9*359 pounds on education; 1925 Report, 32. noticeable improvement has boon made by the mandatory power in keeping with the suggestions of the commission, Kias the actual expenditure in 1921-22 was 8,058 pounds; 1922-25, 9*359; 192>24, 11,024; 1924*25, 15,724; 1925*26, 28,490; 1926-27, of. 1926 Report, 53; 1927 Report, 21. ; dess., 510. ~~~ “so© llinutes7 Jess 7, I*2. 188. mfTWTseas., 10002, 116-17. 182. , 172 J the Council adopted the recommendations in principle officia 1 Journal No. 10, I^6?. 88, 128; Ibid,; LJth Sesa., 225, Yt = e ~' CHAPTER VI THE LAND PROBLEM IN THE MANDATED TERRITORIES l. NATIVE LANDS AND THE PRINCIPLE OF TRUSTEESHIP MM MBS BMMM BM bMb MMI the . toe CBmIMBB Iwa had to deni io that of BUB Mi. WB proUlm Ml M oolo* WMBB etatee f»m o wry «mM 'MBM SMB it Ml Ml M It it W MB filet IBBNMB NBBF of MBMIMBMI Ml of trusteeship. MW nmctleea which | B wto Mt present day zntlw MM* Bl MMnrd arc M BgMMb MBB lands autemtlmlly passing ’Me «Wb» W rule of nmm law Ml Wi IBBBBMMF Bf Mi r ° i r ’ . ..dJYY?' l*| BMi j'Wl State In conn mses the jfMMB oemr esc । a Mill portion at It honoris MM* Ml BUI folded • «3 by conquering leading gemwl selsura if Bd BBBRIh 'Tint Free MM* and Mfß IBMB he • stotus of elrtel elwery* Hie Fr<Bi BImMI a alMlor Bl IMB neighboring Mw iMd BBg plwed oil ■ r ■ F I WIA ©f iMBMIIMI of BB MBMI ;eoducte of the Mll« * Gorwm in OMMRHSM and B HB ■ ?Xea of Blßr hold- to later IB 1 ■ . MMB -If IBB* «hltoe. ililla the natives in Geman '-'act Africa were legally declared the amors of the land which they occupied. In actual practice they wore evicted molesole on all kinds of pretexts. Tie Germn colonials were outspoken in the view that the only way to win the respect of the natives was to treat thm with severity, 5 appropriate thoir lands and compel turn to nojk for their white meters. Even the in qouthem Fhodeela took advantage of tho ignorant tribemaen to gain aining cone o a cions and ownership of the land in foe, end in Kenya tha Govomoent has alienated asny acres of land to Britishers without giving full consideration to the Interests of the native inhabitants. A nore policy has cone into existence in recent years# looking toward the protection of the of aborigines. Tins, the nodom rule la that privately owned property within & region milch hag boon acquired by conquest or cession io not affected unices the new sovereign brings about t am© alteration in Its condition by mans of his amlcipal law. Thus, in □oathem Rhodesia atepa have been token to MH adequate native reserves to support the indigenous population* natives in Ml oaland are protected by Hie Govornmnt which requires that all negotiations conoemlng their lands □ust be conducted by the Crum, w doh acts as trustee in their bcrnlf. linilar provisions oslot in HlgedUu In the Dutch Fast Indies the ownership 03 land by a non-natlvo la forbidden altogether. undoubtedly nil colonial powers today recognino txe rule that native tribes under their Jurisdiction, ma hold lands in comson or collective ownership, ore entitled to be secured in the pGsfleswlon of a sufficient qiMintlty to emble toon to obtain ndeqmto sub-7 atotonee. Hi® mndotoa systma gives intematioml sanction to to® policy of truatcodiip respecting native lands in too territories under .jondstc. *o* mandate® oontoln the follostog provisiont 11 in the framdsg of law relating to tiio holding or transfer of land* toe aandetoiy €h»ll toise into cons ide ration native laws arid cuatass, end shall respect -he rights and tjnfo-gunrd tie interests of toe native population, no native land my be transferred* except betce n mtlvoo* without the previous conoont of too public outiorloico* and no real rights over native land in favor of non-natlvea my be erected with toe ooa consent#* Jills too n C* mndatee have no pro via to regulating this matter* too Caaaia ;to has applied the 3 mime principles to then. In too questlmwire eceklng infoswtion about toe H P? and *c* torriturion, too following items lusvo boon inoludadj 1. tat oyatoms of land tenure end forest Inn eMMt lion are tsey legally rooognlsodf tat lands are acmldarsd so bo- to tiie State#and tat ore rogordod as comunally oesned t 2« Shat oeasumi nr© being adopted for tie regiatratian of landed property? itat orc the regulations for tie alienation of’ land in m natives or /.L? l heredity# or two? 4* 'tat other WMMM ®rs being Wien 1 IttHl the righto of mtlveo end in respect to load (usury* force. s* ete»J? In performing supervisory function, the Comiesto has dealt with toe fol* losing mjor phases of the land problems (1) The ato too of vacant lands; (2) native land titles; (, .ve MMWMB tioad reforms in the *i* territe* ries; and (□) adjustment of frontiers. 1 ♦ *l* F * Acwd wcrmH of pn ckrr yd In " Un @f . .11 Si Intorno-110:131 >2O*2s* tUm p c.~; co Cjonforo: 9 Nh %h 3. "7 ijmta, Wdb PP* 6. Buell, og. See also P. 3. nelnedh, colonial tdMnigtration, Raptor lx -------mm^--- pp 7 clt># Lf idloy# ff> On the land probloa, B. t*« Mtll« fhe in .. rto I# 750 ff* H prSSUXi ~ic ■. is different to Ihst in the ■ • mndataow sec sootion 5 • >• See ASMS ¥ll* 2. THE STATUS OF VACANT LANDS The general rule of international Law is that vacant lands to no valid slain can be snown, or lands which iwln after the needs of native triboa have teen B*4b •MB property of the state# which w>y dispose of then ns it deems best. uille tills rulo my well apply to colonloa, it is imedintely evident that it aanilicts with the basic idea underlying the mndates oyotea# mmsly# that tiio territories are nold in tmat by the mndatery state fur tie benefit of their intiabitonte. Comlsoion has given loudi attention to this problem suoeessfully all te/doncy of tho nandetory pot?era to clain property right® in native lands. Xt a principle with respect to tiiwi which hew been accepted and Miioh is gemrally respected. Ihe first ©aoo involving th© question of t»Ue statue of vacant lands was reviewed during the second iMNMMNMh Th® Anti~3lav@ry and .Aborigines MM* tcction Society of London Md despatched a loiter to the Secretariat calling attention to the importance of the land problem, ©mphaaielng the need for tho protection of Memel and tribal land titles* It ma suggested that If vacant lands wore taken for public use, natives should bo given equally valuable holdings elaewheros likewise, natives diould bo ensured the right to roam and gather sylvan products without undue interference If the Gowimmt. Finally, the com mnlcntlon called attentio . to a French Decree issued to apply to the Cmneroma, which implied that vacant lands belonged to France and not to th® natives of tie territory. ** Did We /principle of priwte f|NB - TeiMW law, thick usually had Wo effect of extinguishing indigenous do no 12 in tao undated territorial? ’ The Oomiaoion undertook a investigation of the issues invalved % fan Rw*» during We second session# asked to which st ; We decree refer. certainly it could not *M to Franco because it did not haw sovereignty over the territory. On We other hand# Ml territory w not itwlf a state. The only reasonable interpretation iOtaed to be that Ml vacant land# MB owned by Me oaiMto. In order to run no risk of in* wringing Mt mandate M* Wn Rew suggested MB it wessed advis* able to ollMmto the word *MMP Ml the provision and say mwly that the land do □ a ribed as public wt priwte domln belon . . merwne. M. OMb Ml Frwwh aMbw of th* Cssmlaalan trim acting as • epitewn for IMMf declared $M$ it wee difficult to dotemim exactly Ml did own the property in BMMM because IM OWM of the we iwperfwetly defined. M MMpMMw * maber of the said that Great Britain wow porploed DM the earn fMIMh >i MMhtl up a law for It had deccribod wemt property •• ”public MM* but had not finally disposed df MM ’Be MMM Ml MMMM was the that the tor® used the doeroo# domino privd de I* t a secnod to violate the Treaty of Wwe 11 Insisted Wat mM land could *M* no cirmmWwee be regarded as the MM® ft Ml tory Be M UMM!• MB by the Treaty of ycrsaillos M*MF ceded 0 to We smdstarlee her lend holdings were M be edMnlstered as a MM* a MMM MM there Ml M need for changing the : law beemso Article Hine of the mMte the mmOMM M MM M Mm to the MMMM Ml MMM Maain* wee MMMM used | eh tMMBMM Ml •Mi by local MMMB M territories MM FreM mndate* B* Tan Rees insisted that the MMMM* MM remit MM We MB of the phrase MMI be corrected* <M We sppolnMmt of Ml oiai3®in., M .Rees undertow 14 to prepare « a<»randm cm Womb J oct to be considered at We next aeaalon* M Ml report W Ml MMMb Ml ComWslm declared MM 1 MM M IM Wmre ma Wo met important one Wen cmfrmtlng it sad full Mormtim fma We mMMMi We HgM MMMMMI W sm* ... 15 dated omsG* In m elaborate of* the (juwtXoHf M« Ma Ooes pointed out that ths states MM uot be owr the territories placed under MB omtroli were rather trustees# scW< * MM# of the League of IMM lie moaorliM tee laws applied to MMM - territories* Bi French Ihgo* Imt Ml Wie Freneh Cwm»> decrees providod that all unoccupied end me owi lmd t SBMNMIf tgr !•••• eramd rlllagee natkes caltiwted***that i@ f nMtav rweww**«re the property of Wie &Wl t t ell land© oeeypied or moompled declared to be w public SMMf • tIBB WBB appeared |iMt|MMßt Wt ian npplicublo to Ml Quinoa statet that oil fomer <2ewm laMe» ufiolalseß MBMhi MM Ml Wiicii Ml rwc-rted to M MM M MMtM M Ml M tf IM deed ff eurmidor or wawfwie® M* MMMMI Mi and mMmM to bo held sod t»nMI the Cireoiwealth. of Australia* He noted Wt MM* cjucntly each lends In new sulnca were declared to be the property of Mie lah Empire. HBUMMI of Mie Wl susttraw in title to all the property proprietary rights ft the Mrememt of .A. . ~ .<■ ;O Lor < ' J.;Uc 7 r:-■ - xv; ■■<.. ?.;? k)v m-nt nnt territory. In outaitting hie to the Coaaie ion* y. Von leoe an id Wot the 17 last French Report an We Camroons Indicated that tno tom doqaiiy de VFWt did not Ml to the of the aotrepeli® MB MMM to that of the territory under mandate* and that this Interpretation conceded the principle MM he MMM MM ths French Gwormmt MMMM Ml not intex:. M of the lands in questlai, wee it not desirable MF Ml legislative MMMMi M be mMM in MM Mt csuld not bo 13 n such as . Moa-in of the camroono* or Masala of MMb* The Cos* oiasM nest dimmed Ml laeoe with 1» dmqMb» Mi French MMMMi lie said that MM were ten eoafliotlng vlosei Wo cob holding MMb wder MM MMM and two toaW of Wo Treaty of WM MMM state substituted for We Gewm Mmnmmt roe* MMWM IMt the f had MmMM possessed s Me other MMM according to the wandato® > a MMM MM MMM forced ■ faVMMM fm the Fewer and poeeeseing Ml cm da -»W MmHMMb® We prweh @owmmt did not wish to in mF’ Ml MB a local domln to th® Idm of a domin We FrmW SMNh It MM onMwr to blend We Mb M* again sailed fIMMM to th® foot that the Treaty of MBM&te ImMM the territories to . MMMMB MMM as MM* Ml Wit this should be MblbW io -ac-x lx clncx —■ '10? .rllo xx xx=x x'x to O': co 'To t xXxcc and isportanoo end ma * therefor© > dismiss cd MW We plenary metMi of the third session by M» Wn IBM* Ue briefly reviewed Wo oltmti noted that We institution of made tea implied th® *MMMMI of any idm of amemtlen# mid that the mndatory Ml no power to de. | lands end mtlw reserves to be its property and oonaludod that administrative in keeping deorem Would be redraftedwlth MMB In order to clear up all technical points# the CMadaeion requested We Streeter of the bsgal BIM to prepare bi oplnlm on the fftMtah Wie mo | . rly done and We ddMMMI mo reached Wat We pwers raceirlng pWllo property Mh* did oo In WM p as □andatariea* WW Wo land as true* tees poommed authority of mly* Wo to adalntotOT amid not be to include the of full aowrel^ntf• Ihe MM# M* Ml UlMl M obligation to MUMU oaetlag a yMM Ml Wo territories bMMM to Ml M ma MM MW MMMW- the MWMMB and dwelopont of euW terri MMMMM IMmW bole: a<■ -c '-exxi t.toMMiM IM M tMM MMMMMMi WWB M* pectiw mndatoiy lovers to be MMMMmI by Wm in behalf of the mandated MMWMNh We 1 Min MB inatanoeSf as la IM M *C* nandoteoe We MMMMB mro to be a<MMater@d as integral portions of IM mndatery did Ml ehange Ml rule* in Ite report# IM MM MIMM WB MBM to MF- toetoer toe Fwtoh deere®, to to toe ©toto% topltod to toe pidslio proportion; It w© tmble to u< kS ,,< ’ .a. . ' < / ' \ * Gatos© aad western Stow eoraaetod ©a W’ mndotosy. W© ’ptdslto la»da n used to Ml Ml f©Mt to to out of 01 gonoral iMm-osy ©ith too of too mtoato. By toto tlm the French conccdod th© urtoolplo for : / ' " . I . ’ ■ ■ ' '■'.. <■ ’ ' —. '.’ tolto the had eeatototo We tojiort m tto WtoKtol all Wtototo Wei totaled to the toMtoto ttwlf ° W XMhtobe doo 1a ml to the gcmlasim durtog Ito fourth toMIMI that toe Gowmmnt to th® oaamwm mto th© phram Mtoßtß to the toMto to *Hto toad to toe tMNttMpt• wwwr M th© depart m Fteeto Togo tool, ©eld that e alMtor toto.^wto M tlm oould he applied to tho tcm In thio in its fourth report to toe OMBM* ©aM to |MOMMN* to to© IWmßi toMMRB and French fW CcmUslm in gW to find • doc in Iftt B BMt with. -IMI to to© of toe State totog mb toMMtoM toa •*. ©toto MMto wWi th® imbMi o® wm Itoto oomtituto a purely local Mtoi to spite et B| ©agogttoi to tot iMm to© MM Mi tow to toad tenure mM IMB MMW The MMMIm to glad to toto the to tto w|MM&atto© of the aßndaUry mm* to IM M* st tout -lai iMi MM to to © ciplc recognised by the preneh Govcxment, will be mended or interpreted once in a way 00 to re* store conoloto.icy of principle. Ihe Cmaisoion mM ur ;ed the french Gsroimmt to tie test of ths loglelation in order to sww all ®lth rwpeet io . Icgsl statue of lands. Hie Adolniotratlon of O-croon© resp<3aded in ito imt Report by that c nee doeree a.a brln; in aceardano® aith th@ of th® cmmlseien, sub®titutln& the wrd for tae word 27 ’ ata to J- ÜBMlse* * decree mb iewed in during yareh of outlying vi Ith tne request of the gomlaalon. MGcmmilc tie Oamlwlan di recto, its ata cation to soauriag calamity a? other ■ ents to the principle/ fhiß th® official mpreu the sorexment of TBngangrOa, yr# eat Meed Biat ihs tom *siM*l land* uannt. To Mwa did it belong! He replied that tuc e j not weted in the .BrltMk crom or th® British it me th® property oi - 30 nity of a statmmt nhlch »ee offlolMly conftead in the 51 toport on torrltoiy* Ago in, cm Jouth Africa mo qw®timed aaicemlng the IMIM of public lands in the territory Bm*h* Uc-at Africa# Ho replied that all n ciwn lands* beloved in fact to Uio terrl* ;p tory, being held in trust by the Administration. ” the official represents live of Zealand explained that in stem naoa all native land .ao vested In the Crown oa trustee of tne ewnerw being hold sab joe t to the native title and under the eueWae and usages of tno aaaafta ruco. *" -iho Govemuoiit of helgiuia, acting through U. Forttaaa» os official declared to the CMAiaalm that no state domain existed in nucuidcwrundl; Uxit Delglua possessed only controlling rights# □eroly oeting as Adelnlatrntor* Iho reprmontativo of ttue ' dalnlotratlon of the British Owaemms, Ur* Tsallnem, aaid biot, *it» unoccupied Inndo were in no oenao state n ll© assured Vie cotmlasicn that mre the property of ■ the territory. Japan was slow to adjust her ay a tea to the standards sot by tae Ao late us the seventh session, h. V&a 000 called attention to tile foot tot the 1924 ioport on to Japanese islands indicated tot Japan regarded the lends transferred by Article 257 ol the Treaty of Versailles, together with other lands purcimod or rec la tod afterward by to Japanese Qw-56 eiwant, to bo state owned property. " Further, it appeared tot state domain wae to orc tod to oolong in full dominion to to Japanese a conception which ms omtory to tot of all the other mandatoy powers. 1 57 mainded ala oollwagima -tot, during to iif‘th acßato of to * the Japanese r .r. . Ive h»d doelared that olalgwl no wore ©nd >- no lees Won We other MMwMhNI-« 1* order to it to iotcmlm We asßOt fiWWt of We fomer German in We Jnponeae Wo Po<w aisslm asked for mra In Ite ’leyert the Japanese MWinr* lot rat Icm indies ted Halt® Wile no i ulons I t beam fessed doling Inoda fomerly belonging W the state, it nevertheless would protect We interests of toe aandntau It io thus ocum Wet We Coa b M$ MUBMMI in s<mring We eg l ef the . pie for *hl|& it ■- ■ Ab lie lonu NNMMI of Ger* acre tronsforred by tie WWMOIM H 'Oora In 41 their oepaolty no truatcco amt not so onnors In fee. wen. M Ml Mioae without water belong to the | amin of the gteWh Waw divided up in urban and rural grounds. They my be aIMMM on the hwrwfter a> to sny Fwropcan or native applicant sho la caapotont to aim In Wo MMMNMi 12. m * 2nd S«w M A. Milar MW sag issued. to apply in nM 14. Import to the Council, p. 5. 216*27. 17* See'll® Report» p. 02. W* . 9 ■. 10-68. See**# 4M9* ih xrrr.-- T : 10 > 1408, aport an : rarwh Togoland , p. 56* doolanST’ and the private domin’ 3 the Hfh la Tc®®* land are nothing sl»® fehan the public md private domln of the territory** Till® statement was efttlsfaetory to aecibore of the Ccmiealon, Mmteoz 6th S®ts»> 1M« ™— 06. • 2?* WS a procedure of th* Coiß^ol^r' T 3©ea*> 2B» lp££ ca 3., %&&&•* ttt - -.. 5 51 j the CoanoiX ■■ "" anaoyScfel the Qoml®slm> bat not ant 11 after th® latter hud occurcd Uwir general acceptance by few powera. Journal no. C s ..'had at the request few Qomisalm agMI tn© powo to ;xih© hnom the lr vies© on thia 'oubjc at; I>M • ' srd 144# aaiVaJt 1 ! "« o»U«ly wtUfuotonr *0 the nimios, z th Joss*, 110. Jess* j for etaoaincation of lands and nature of titloc, "see Report, 51. Mtaalijlb >rd ..ees., the situation in Wnda-ymndl wee again briefly”"reviewed during Vw 12th Mo«l Xbld., 12th MMUs Xbldo 5t I 3Me«> Io itatemt oiTrltlah land policy, owe 1922. th® cwaroow, 55*58. gHW ijM s9* 91* M * 9Wm«> $5» 3. NATIVE LAND TITLES Hie Oorxiioaion ho© spools" attention to the question q£ native land titles i with a view to de 7ng whether ■■ ' ate of inhabitants <u uy/ee 7 -sr .aul-; 7 , -y./l ■ ”.‘\re by w Wn Rees 1 i HMMMiI -- lit ted to hit | ths third seoslseu He panted mt that all of the • dates Ml pxwioions IWM th©' ■yy y c u,b . ,z. yy: \y’,ly-} yy \ : , y y yyyyy. 077' yy ' yy yy . y yyyy yy>y - - alons stated that native cun tom should bo tshen into con Id .ration In fratalng local laws# '> MB MM mi of the opinion that it wM ba for' this to be done literally, Tie WmWI that It Ml 4aiaoible for the MIW» torlee# mill© recognising hxe rights of the natives# to ux;e the land ayatea in the .middled territories upon gJum Ich. no mto< that cnong met tribes o£ fries Le caicept of native ownership kuu often being rest* cd in chief oor religious loaders or shsply in the commlty. Gc y ,the native style wb the ultimte owner and it conceded ths ©njoymnt and use of its lands to families and individuals. iha ountlm*tlan of thio practice# said 4- Van ©ea# * ould unyucstlouably teapot tn© m>i& of too and lead to regre table results* revisions of the aandatea certsL.ly did not on uncivilised aye too ai* load temre. obll* getlona to ' tsiae into consideration native laws and auotoQa r ord to n rospoct the righto ja.iG-gufird the Interests ox the n tivo papulatien 1 * could not .. 7- Uf a i. . '</■ tv > . .„C .It X 5 1 <7. 03 u --'-vxy. upai factors as rarlew, and in may oases as vague# the native Juridical notions and tie popular usages to shich ttiey gave Iterative rocoo MMMNB co in tie article of he droit ••• Wit the land settle.xrat &mld be so carried out as to respect auah genuine native ao had been by virtue of th® custom and tmges of tho pooplee» and to tiielr interests both and rewte. u. Mi Bees s t tod W I Xvc lands wore In . M in three eayst (1) hie legal recognltim such and I f ioted <ien thc> agrorion resiletlona of cam into effect. (?) fly the? prohibition of ©ny alienation of native rlhts in land, or by Qwenmt control of such alimatlcm. p) the creation of facial unteoa in case of the diepoeol of public lands for Govern 1 sent of private nurposeo* In revleuinc ths land lews of nhlch conies were available nt the tlno We etoy W WM» *» WB Mi found tot WB first >rWolyle wM woe MB* erolly accepted end followed by the ooweroi thus# Article Two of We tmd ordinance of |W lid tot all lend In the territory Wl property, WjAMhW MM® tot noWing in too ♦ * > Ordinance toll be deered to affect the validity of any title to land or eny interest ■ 1 lawfully acquired WWW We date of the esoaseaent thereof* end tot ell e title shall hove the a-no effeet arid validity in all respeete as Xd tot de ten* Wl IWfcWB Four provided Wet B to Gcvemor# in tiic of to powra oenferred upon his by too ordinance in roepeet to Wy lmd 4 sh«ll how regard t BeWBI iWB Wl eastern eclating in W* die* MM in ehich such land is eltuated** Wo esmo gonrontoeo co-ntoined in -rtioloe W* and Tm of to 1 and M O®MWiO of V2l in foroo in Fi&a Guinea s . ‘ ' ■ C ■ ... fu, estat© or Interest, vested poooeoßoiy or of -w abort* ginal native, or tribo of aboriginal mtiwo, to any land within mo tcrrttmy, whether such ha a been ao a native reserve or not, or any ciwtomry use by aboriginal natives of or* ket^leoee. and landing-places or any oMc . . kt* privilege or custom of aboriginal natives In relation to cultivation, barter, ".id H'- . 10* She 1/ . Kt ift&NMM WWI of the ab- ' , 1 ■ ' ) tlv /■ . - - . •- \' , r 0„? •? .•:< -■ >ty dMImiKSS and shell, subject to the provisions of U*e Ordlnameea of the territory from to time in emitted to e&n- tlnue in existence in . I t ease are i to the general principles of Article 278 of the Samoa Act of 1921 provided that: w All land in which at tw eeoamement of Vila Act io held by .:•$. icons ty native title la hereby x’eated in the Crown a® tic trustee the beneficial cmcra thereof* and shall be hold by the Crotm subject to the jutiv< title and under the maetoms end ueogee of tho Aomen roce, md -all euai K»ad is hereto declared to bo native land accordingly but aria 11 rersain U> My H hta whlo& wy have been lawfully chaired in respect thereof uefore t.c co uKr.ioemat of Act otherols® in ccconMncc meh metoae cucd \nd th© nlsrth of rticle 280 declared: S&bjoct o the provisions 'tils noetic, the ownership of the native land mall be doteiuinod in accordance Mth the customs ©nd asagee of tw ;s.wm rose, not Mths tending nnythihg to the contrary in thio Act. Iho aubnlsslcn of an applies alcm for pcruXualai to clien* ate land mat be preceded by an enquiry coaductee by the chief of the circumscription within the jurlndlctivu of wMi I iid to be alienated is situated. Ihe chief of the oirccmcrlpticn <iall first of ©ll require Hie production of n notarial act oith H to tM and the limits of Hi© land, aigmd by oe’*cn wltnea-'ect ©i»ng tihaa swat be the chief and Hie loading in(habitants of tie locality ccnooncd. he aiall Haan obtain ail relevant information with regard to the real extent of tw ri >ts of th© native or of Hie c < Ml native des.lxoua ■ I , . -r < , x ■m3OF-j 3 gather eith hie reaaaned opinion, to the Ooculonioner of tiw Republic.. U. Van Rees found that although regulations for tue French territories of logoland Md the OMoroons did mt expressly l&V dam rules gsuranteelng native laid rl'nts s the omtona tind usages of the peoples land were mMsetsd* the policy of the Franc be Mg very WB* oral wi giving evidence of a hem desire to cons rvo tie legitimate proper* ty Xhtc he local h* second principle-- '• i. control of alienation .—- ■ . --;a .</. .h?CF .: / Lv \ ; .. X. ;> ■ aandoteo of Africa declared land to the riotlws n I■’ / T T>. T; '/’T ■ ■; Tu •■ ,T /'T'TT " ' " J " ,T'- 'O’ '.TT.'T -X./ Wt MMNB* IhßlwMß of MQlnlstratlm . - MMh* tha galley at the FraWi 4MMMbM*B !• the camreomi aw ataWit object of tola control 1® toreafoldt ■O3 < ■ ' ■ < < ' ■ . . . ■ . a ' ... 4 MUI ®O ■’ ' viator, toe iMI &£ Wing wietod to toft . protect a person of na capacity ft# —the native** froa tofOWm ahtoh . i lota to to effect a MftMMtM* ta givo hlia Uie faaulV whloh la neoanaary to lan4| Fimllyt to 4 I* r la too I Hof tola ' ’ V; - r ■ I H&MMb fetoh wuld b» a aairgo of pro* iWtMttl to publto fa tiro mlml* saiton* Bl Artic ' ..it a? th® WB ortoww < & n Xt 4MB . v ■ ■.. — ' / ■*pa»«y I tremfer at gwoeeslon* MM*MI sr bequest ar ~.■*' ' T \ tA . t t . : v — >. ■ , ’. t u •rd Torch o 'T .T. ' t •> tru-Vr, T'Ctol xl- : T TX._ <1 J, . ' ■ TTX TTT 11 T T’T ' ' ■’.''ll ‘ V T-T ale 280 If Us® WB*. t read: 1 I W IMI MMI saMMMM orit be MM -at I a to Mb • - tt a W Interest 1 4* flhelhar tv '* 3 or 1 MNmnm b bb • tIMM or URI B faaat <<* . OfWßi oof ohall . I or MMmB taewM I K MM tetoo 1; I■’ ■' TT .jTTiI 0... .A- T.IT v>., A •TT IT’ ee®w or t tM Mml* of ia Woes t baoa put in trust md toe aborigine® protected against opollotion. Tie only quo** Lion MB® did toe proviaiom not g* toe fbr natives fma toHto Mg out toto*Ml**Ml ***|*to** tool? |**M Ab to the third of opooiul guorantoce concerning toe dMpeeal of ****** lands for Govomamt or . - ■r~~ i« Wn Roco critically ewaainMl Hi* ******* ft*M before M** In to* ***Mft *M*Hi*** ««* fegoUM, it *** provided that an ******£ ****** be conducted to meh **** MM* applieatton to* ***• for to* ******** ** lease *f vacant Imml# to deter* Mne whether active righto eould be adversely ***•*!«*• 4 delay of MM smto me required la time ©onelMfMg hiMceXf Injured co aid prwmt UM objections to to* proposed weeton oh protoc' 4dered the ahe torrltor? final appeal to the Administrative **M*M for tollgft*** to* *1 emaiaatton of to ****** me to be carried out elth toMM* MMtoMh ttMio |OiOHbHMbNM wie M*i -f. V) .•"■ praioei tM nutlvo in HIM* ImMe. Ito low In Itomfae declared tot vented 9 toM should to pmtwt©' I« lie Governor we todto* riwd to toMlto only a . tttto • **•• MM to* tmi* MM poHod of toww me and if to betm 1 < w>er me MMtoMi area mloh to to ttoMM** •Mto* Reais smt to paid to to* Gowmmnt on all Mato toto M ■ a latino* tl*to being dtoto between mttoeo md toßtottaMh Ito I - of 1 to ••• Mito to** tow* M* Goromor omK to* to *MA** ** toe Cwm aftor M* to*tototoß’*f • given period* & • H* toft* persm tooemtreted Ms to toe Iml 3 to* Governor tot to* *Bto***to to mwee hie ****** to*l***MM* of M B** If no person efteft***# tto Could soil aach lands, rrlng Utlc in £cv eiople or Icking tbs© for nlmty~nlr® years He os criticirod this arraogeQont because it appeared to give Governor too natch authority* Jo fur* tw B 1 profermoew wore extend otlag state lands* Xa western jo jog to lew did not righto in jublio lands were to b d* It authorised the * - - Idd* crem lend in foe to oalwt I V M ■ Halted of awjoiwhip» litlew gritted ero Nrt a <3uowtloi Institute an to whether their righto were boing violated. In gworol t J* 7">n Roos mioiudod hist tie various lauo respected and lha iotarents of the B® suggested# however# tot certain M* wt&MiHg be clG'jyol m J to BvgtfMMMl of to grltloh# siiloh in sosje imtonoee oovero# light bo □odifled. Mi view® waprweoe leoe were accepted. th® QomteeMo* Ml principles ishich tie laid dom have bcm the guiding rules ouboeitmily in the a ,«'■■ •■."< >'. of a Uvc ? a- do d-o b- bxc .ob d . o\\ o. .bx _..b.aoc of the problm end t»o .•.amor in uhißi th© h o caifrontod it can best be mderotood by vswo ®lth which it has doatt* fach. terrl- tory hna presented certain interesting qucatlans which in practically every instance have boon solved by the joint action of the widotoiy powers and the CauiasiCKi. Cons id oration oay be given first to conditions in too n ß n territories. The Cmaiseion hag been assured that in the French and Roland active righto are duly guaranteed. Ahue, txo general rule hae been adopted in the case reais that transfers of property to Europeans can be uiade only with the Consent of the Adnlnlotritor, mile transfers betwen natives uro 44 permissible without such official intervention. Ao toe native© hove becom better able to stand alone too rule has been iodlfled so tuat they my soli their individual lands freely oven to Europeans but are obliged to get the eeneent of toe co and toe &&aini«trater to of oawmal holding** Iho MMnletrator OMerciaee great care to see that thorc arc no tmnefors o. AF territory needed for native tribal purposes. ' to British Troland real proporty la held by chief a or by sane other Individual, tenure being to ncoordanoo ft Ito native customary Isn. All land to ooivjuml and can be altomtod only by toe ohtofs under native law, toe fund® received f ra; aalco being divided aiaong too tribeaam* Ihe MM MMI Ml M* JUWI tOMM* IM MM of Ml headmn and councillors exist be obtained before any transfer can be too M coafiiwtion of toe political officer mat bo obtained. similar provisions ore to be found in toe Brltidi camroan®, cuatonaiy righto in land® are pro* tooted, all native property being leader toe control of toe □ovomor far to© use and conjon benefit of the inliabitanta. Tae Governor acta as trustee for the native ©emmunitiee and prevent the ochonge of any land by to chiefa to private persons. The lend situation in Tanganyika me at one time too subject of criticism by members of the COKnlasion. Hie Lend ordinance of did not, in the judgment of sir F« ensure th© desired protection to the natives. In toe first piece, it did not guarantee toUsturbed of lands which might have been occupied by too native and ale forefathers. .Me right of per* petual occupation w© recognised by native Inn and custo is yet too disposal of all public binds-*that one, oil land© whotaer occupied or unoecuplod—wua vested In the Governor. Ho native had a valid title to his holding© without toe Governor’s consent, ar. jmoby*Qorc, the official representative, ex* plained toot the right of freehold belonged to too territory, willed ma toe absolute owner of toe land, whereas natives possessed toe privilege of usage only. SB ordinanoe aimed not to prevmt natives from possessing rijita in too land but, on toe controry, to reserve lands for toco so .hat to® aye tom 49 of individual ownership could gradually develop. At a la tor oeaolon, dir F. bugard colled attention to too fact tint the provisions of too W.d Qrdi* none® to which ho had objected were still in effect. Mat assurance of per* □anenoy of title did toe natives have? Tae ordlnsiiee did not give them ado* quote protection. Twy receive a right of occupancy ox tending for five years: the nlnoty*nine years’ lease mentioned by toe ordino .co secaod to bo for Furopcane. Mr. Scott, the official representative of tie Tanganyika Administration, declared that the privilege of taking a ninety^aln© year lease extended to natives a© well as Europeans. He called attention further to in-31 ructions given to AdMniatrstore to the effect tnat lands should be alienated to naa*ne tires only of tor full enquiry to ascertain whether native rights ware adversely affected. He realiMied the Comisaion that joction Three of tie ordinance declared tiat tie Governor should hold the lands far tie uno end tlio 31 eamon benefit, direct or Indirect, of tie natives of tie territory.” Gif F. LMgord aavorticless exprecead tie lioye that tie Govemnont of Tanganyika would toko stops to give statutory authority to tie wi sh oxproasod by the Jovemjr. *t present, he declared, tie rights of the natives depended on tha Mil of the individual Governors a change In peramnol alght entirely alter □2 the land “ Acting on tills suggestion, the local Administration gave its solom pledge to the nativoa that the law would ba amended to protect 53 ond tills ms subsequently done in keeping uitii the desires of tlio 54 Comission. bhilc no provialms concerning land tenure apo found in bio "c” the Comisslon has, novartnoleoa, investigated the land system to satisfy it-35 self that the in to root 0 of the inhabitants are not being laprired. conditions in New Guinea have been oubjaotodto considerable study. Hie band ordinance. Article } lx, provided , with eertain exception#, that natives could not a liana to any land without the consent of the Administrator, UMI object being to prevent ryf imjuet exploitation of mn. To ambers of' the comkaalon this provision oec »d to bo scaenhat too atrlet, preventing the natives entirely frm disposing af their loads. ' The also becmaw considerably □3 ccnmmtd over toe leasing of large tracts of land to 'uropeans. 4 large number of white planters were to b lornd in the co in try and it was feared 59 that they would encroach upon the holdings of the natives. " During ill toon applications for Igoboo of lands for agricultural purpoooo, comprising de a total of throo thousand and hectares, were filed and honored. ' I.han questioned about tills policy, sir Joseph Gooh assured tlia caxiiaslon that only watte land or Gaverment oanod property was ao grantee, n, arts colled attention to the generally undernourished condition of the natives, not tiie granting of coricos a ions to Europeans aggravate tills condition? C In its Report to tiie Cotnoil the caxisaion n lhc Comisslm notes with sow concern the otatoaant mdo in paragraph 210 of the Health Report, froa which It appoure that the grant under the previous of practically all tho fertile lands as ouncesslons to alien planters has resulted in the regrettable astorlal coudltim and state of uoral deprossion of Uie populntioi of certain islands. It realises, uowever, that these conditions are peculiar to those islands and that taoro is no reason to fear that they will bo extended to other parts of the laandated territory* The Coixilaolon will bo glad to loam what steps are being taken ty the oandatory power to deal with thio problem 62 where it exists. n Uio question is still pending. fiMeetim to native* ha® hem fmmd to owlet In MM SMsa« &MMM 278 and *f the SMB Mt WM all mtiv® MM in the Crown M tMM to native titles and to th® ouatMt Ml wige* of the Saman re®** It M not laical for a mtlw to allemte • portim of his land MMNWIi to it la favor ■Of the Ciwa« land eaa he looßat fW a period of nat pMB with esnmt of the All reais ate roeelvad ir t&a Crom Mt in trust for the wief« MtMt aoowe pwvWbMi of the law io the offset that mtlw titles Ml not to avail against Gma Md IMI UHM «h«ll M no of titles iho Opom on the grwMi native titles MH not entirely ' • ' ’ "' •■ ■ '’, c ..• . . * IM Is M <iuiM Htlea and to pfwmt the of’ ’ 44 rights bgr fee roorirroctlon of wlalw rifty or hmdral hearts old* Owmlseim hoe Uhaht detomtood toother adepts wfo~gmrds M* in the mMo* Of &|M» M toe torrltorUa M total over, the <toroMßami MM a taNM leaded righto, tadertoidtog plate of th© Island®* tamhito, f*MM other than BMMMiMI ww forbidden to taBMiB *MM for the pnrtoaee, mto, Mi or mmM of mbMri torn®* iMrlng the fifth £U Mppar* **M*» U® to too mottled of We ton! to We towtMNfb Me potato* enl that We tarn law f*M Mttrtoty regulator MMI It MM* |MM** tf MB Mt bam replaced hr fiMMMI <tlW stated Wat oM oubMmmi wos W be Oo®*U>slan । | |o Wmm Burial lam ani -We (Wemor , s MMMMWW •40b ’«fer We Gem r£gbao* clearly defined the rights of all hevc boon roplac©' under th© Japanese astidate* so it would appear, by a vogue and elastic procedure which greatly facilitates th© acqulolttan of land by Japanese telgranto, moa© have increased to an c^twordlnory degree during Hi© last five years* n □. tiw official representative* told tiio Cuiiloaian that Hie govcmuait of Japan recognised th© importance of the and wag at €*© tto conducting an invontlg- tlon on he spot for tic pur oao of drawing 66 provisions to afford the neoesaasy protection. A survey is being mdo at Hie present time,but as yet Japan has not complied with th® desires of the Coniiaelon to pass laws minutely regulating mtive tltlca. Hile is to be expected as soon as tie survey io completed. The system hi nauru complies in general with tiio principles laid dam by the Conniasian with the exception of snail areca held by the CKivernoont and missions. tie whole island la owned by Individual natives. To protect their rights an ordinance wo© issued in lp2l making it illegal for any sale, lease* or agreement respecting land to bo concluded without the prior consent 6Q of the Administrator. position of the British Phosphate con "-ny in Ho am caused icme uncertainty a© to whether rr tivo land interests nor© being considered. She noon learned* however* that while natives could loose tholr lands to th© phosphate company* this ©a© permitted only with the consent of the *dmlnistr«tori that oo.iditions upon rtiioh looses were node t; ac v :?v ■ - i tlvae I gttMftg Ml tftitMi j xxt tx n.nnJn per acre and three pence per ton of phosphate otaMtet from tholr lands. $f this pence in thrse woe In • special MH ONi by the 69 Gavomaent to praoete the welfare of th© looal populatian. «- Certain ef aandatory powers, with the approval end C'ncouragencnt of the jaadatee CoQuloalm, are evolving a spa ten af ! individual omerohip of property in territories subject to mndute. It has been roollrod that only thaa con progr< as bo mde toward n eiviliaatlon and# rrhilo the process io neooeearlly slow, rone headway has already been gained. Ihue> in the I ronoh •(Mtroone it hae been provided that nH&HI landed property, bidivltlmUsed and $ ccoptod os according to cue ton, can bo invented with a regular title, which places it under the protection of the cocxim lam Individual titles cm be legalised by tho Adainietrator. Sxe sam policy is followed in ironoh 71 iogoland. Individual omorohip is also in Tangaayi&a, native lends now being reserved with o view to doping thm for such future allocation.^ 2 In liuondn-ymndl# all property, land and cattle* la vested in the King, a system of xwdallea being in ©xlatomc. She Belgian© h-va abopVd a policy of toddling the value of property and gradually intrxlmlng a system of individual In Chatom ;anaa the Adiainiotration has b-coo© convinced that the existing native lans rill retard the development of th© country! therefore* it lias oct aside eight and one quarter eoroe for each youth of at leant ais toon ywro of ago# mleh he may uno at a very lew rental. Ih© Administration Iva© succeeded 70 in inducing the nativea to give up their corxiunel oysten ox’ land In tlw territories controlled by Japan over ono-half of tlic lends are mu omed by aeporate persone and the Garormont la atdclng the present survey partly with 76 t<ie object af Introducing private oxmomilp. Hw land of imsu la aimed largely by Individual natives* Here also a survey io in pragma#, 77 toward tiie regularising of individual title®. to polley bei/g follceed has In each instance received the endorse amt of to Ifmdctcs Ccmleslon* w* TJ® 41, 3ie CajSselon free given co M W Wi q£ estates. Ondor Article® 121 and We Treaty of Versaills® Ulon WB *W for the 11 .'ion of private | wn mt:. . the smdated territories. Hille ML* setter has fa 11m si Win th* of We Reparations COBnisslm* WB 8W Action tai interested Itself in the setter W the extent of . t m irregularities have misted in We i leyMMl of the estate®, mt We netaiWrp powers, after them, do not enjoy preference® of any kind In violation of We principle of esemale eouallV* c*< seMu* IMS’* a »* -as., 15>^r r 5 ;' WB*# 12W 2O» ln an appends to. this OBrorandua, :,U Wk Reos drsTFTnJI Vic proper 1 of ctxl pFwUctim Mp to hie eM I title of native lands should be vented in mm ■-10 l Md ’ ‘alive MP : b ;. ' bo ?\ 0.-0 - ■ uUi watching over tlw rights of natives. For this proposal. Ml MB*# &» Wn Hees thought that - BgnMl M* Mp.WI no reason to Mill I •Bi such a board w, b with greater iigW* or Mm would th® MM NM lldiaont of such tan agency oM*t give rise to conflict of jurisdiction not MM&» Mb*# 991*9 ~~>l. 45. .k 8 on toe land policy in the rroach Camroona and mlah in general haa oet toe approval of toe Camlsalon, soo 1921 depart on toe 27i 1922 Ibid., 501222 Report on Roland, ISO-?!. 46. 1222 Report, >l-*22| Otoutcs, sth iooa., 40*41. “.Taionu seo' V ~ . 5 ~ - Xz M Wi ees*> 106-03. “— 51. WT7 52. ♦llauto6 > 3®so., 1 1. 53* report, 84. 54. ■" ?:"7 '"e >O% 6>»70; girntoQ, llti BjMB. 55. Jurisdiction Ua® been tTZS biMMMt the question la me MMh vitally effects native welfare and the comlosim io authorised to advise tie Council an all such mattore. I an, sea Report# Of. 3CSB., W>*7o. □to The Import, 52, 1 dice tod tot 0,600 acres hod boon leased. □9* dinutee# sth jcsa., 60. 22. 61- - । '.ea-j., 62. Idea,., 65, eporl, 75* T.; LautcQ, oth d©S. # >rd SC# of the ©ultlvatable land of Mtam Sama is aw liable for th® *t&M» MM Mm g Wf 3* Mb UMM at &• MM* Mlmteg» M»; IMfe ~~*™ a 106i'1987 ibid., /i ft. * I / "2- ' TuT >093. , u r y>rt, I>-Vh ®io situation In 03. t.- .at Africa in the next aection. 70. Report, .), 71. binutea, Sees,# £l. / lO 7> dome progroas io being made In this direction* jj? ort# 'ff. Inute a, joea*, >4-/Ji 44. 74. 6* v ' ~ >on ~ Report# 46* 4. NATIVE RESERVES As niilto aottlero iWe appeared in nmboro in oountrloe occupied by backward ra©ee 3 it has bom accessary to oak© provisions far a distribution of to ierritoty *° occupied respectively by the native# and to nevcaiom* '. policy followed has been tot of of to rucoss reserves hove been established for to whereby they have been separated from Europeans* This policy has had to value of keeping to Intact, reaiovlng then from to annoyances of the whites, and lot* ting too develop tore freely their om miy of life* Aloo, it has protected to Europeans fren assaults and outrages, ha# tended to prevent their labor fraa being dram Into competition nith tot of peoples of a meh lomr standard, and has in general obviated nuraoruiMj caueoa of friction* jiwh a policy has been followed In Canada, to .>slted states, voatliom Rhodesia, non 73 ‘toland end in eountrlos. It is admitted by all r/no have studied tii© pxvblto sericusly tiat tore such reserves are nocGeaary, to tcrrltoiy oet uald© should be adequate in extent to provide for prosmt future needs of the natives, should emtain good and productive lsnds> security of tenure boing def ini to V ©stolltod. of tho Ceoaieolon have agreed tot native diould ame first* Hius, sir F. hoe reantod tot, •# rooorvoo nere aoelgmd to nqy eactlm of' to papulation, it could aeon tot it should bo the? uhltoQ oho should occupy reserves rather 'ton the aboriginal populctlan. ihe tern seemed to have bom freo jouto Africa» too whites wort nettled all over toe oomtsy and th© natives co fined to ■CM) *reoewee* or • locations* •” Sho Coiilooion regards lands in to territory y as ommtislly too property oi' the natives and holds tout to 'Oivoo should bo ostoblMwd (Jil/ to advance tool? wlfaro* Roaarvc© have boon in several of tie asndMoo. Iho French A datolot ration in Uio canorocns has sot aside Undo to supply too native tribes coming Ui froa toe western plateau of toe territory* assigning tom fertile ■ 31 fam lands in too region of Mhang&mba* • Mm M» - tocr toe reserves were established because of toe advene© of oolmlritlon, Uahead* toe official representative * explained that tnorc had boon no displace□mt of native trllm* ihe papulation in quootion ma ano stilah m© axtrorio* ly short of Iml In an area to ftiioh oolmimtUxi hod not yot panatrutad* a population tiiich had inouiflolont soopo for extending ito cultivation* It folt the need for nor© productive lands and nlgmtad for thia reason- Under Ihe ciroum^mMi > Mdierw of ths wore of the opinion that thia H of I’coorvlng Undo fbr th© natives wo jugtUiablo- fhe policy of too Govomaoni of has been to regard all of the cotiitry as a native reaervo* but n rogton north of Kenya hes toon populated partially by r twoponncu iMle qvus land la available for it to of Httla algnlfioazuHU vh ar© not mved into reserves- In one notable OGeou how* war* a roeervo haa bam eatobllahod- OB writhe meal WB* tab bam WNMI' in a territory for th® of both ©nd shite® . 8S against then* ?;o tribe itoolf eoeE» satisfied with Iha Iho-situatlm in UM present® peculiar difficulties* Hie MW M becoae WUted by I*M nuabcra of mitee M the mtMe M MB been lately WMMMbMU M« Mi led to the IMMB of M eyetcß of roscwos* Tee reserves wore in existence Mi th® territory mrMM M • aeadaU to the Ml if MM af Hoe-Mho Qmh Ml the MM Mb Mg o Hatted definite MM» Hw :wbr aS peewee Mi Mm Increased until today there Ml fourteen# In MM the so* tM$ live# governed by their chiefs and hi aocordmee with their tribal cue* ar bmda MMM the reserves MB regarded as the property Ms chiefs# who hwe power to allot M as they desire* mtloo mler® MB siloed eon* MMMF WM W>ir certain 9 M> stwh ae the MM Ing of their outvote or Mth adjoining tribes> M bom restrict* od« only Hw mtMs MO allows! to Uw within rcwwoSjtMM v tA : .. < .?' ~'j < A '.ro ';• ,h'r : r . " ■ g g.g - zn SMbMimt AfTM Gm |MMMM MUi w MMMm Seram law and the has Mn continued# pallor M- Mi Is that M gatlm* is lapoeelble in the iMm the torae and Ose sdtoe are wM ||F Ihe natlmi <lO Mil !• w lth IM ahltew* M the district© of :iostlwewt &MMe MMHb nattrm are glee® ImM rhich are mt allowed to and Mae Mldh Ml MMM* Aooordlng, to ir MM MMh MMi MMmlomr M Mdm for the aoromemt of the who wi mMM l®r the OoMkmlm during its third the policy of segregation is pursued in to Interests of the natives. It has bom found that if they lire with the ehltes# they eventually pift with their land and become Vagrants and a source of dan or. to only wy to to native# in the opinion of dir Mger# is to bring him under to influence of civilisation. Herbal, to woo prosent during to earn interview, to asked how tills policy could be reconciled with to civilising Medion assumed by to mandutoxy# pointed out tot th® reeervo was merely a homo for th© mtiv.o* A native be wosMng on to land al&ig with white people his wife rcmainsd in the roaerve. toy wro not eonfinsd against their will to to territory act aside for thoa. dlr F. LUgard maulred whetior natlveo could leave to.resmFoe without passes* Otjtr Hexbet replied tot yMMBB wore required by to Administration, oo to woami and eiilldrm* Ho that MH wave neoeseaxy it prevent Wo tMQWI MNftM tion ccxitiixrlly oaiplalnod of tue largo number of rovlrsg natlvoo who hid no noane at eubeistenoe and ito stale stock from th© fsrmrs» We Germns tai 38 invented to peso eyetea to tills evil. During to fourth session# the Chairman askd for added details conoemlng the reserve system in Southwest Africa. Ho was told tot to Adrilnistration used greet earn to see that an ©denuate water supply was availsble beioro aliening natives to occupy lands eo marked for tolr use. Further# prudenoe was to prevent members of antagonistic tribco holding to 4 mum territory. in th© larger rosorvos# a shite superintendent was appointed and ho one aided by a certain number of paid native headmen* to natives were orted to MMtoetO of Wclr MMoOM* to ocmMtuW * oounoil to t... .' X:. XiO . llvr - ry Wy . c:, ,y?c x.td too were reoponslbto directly OMB* mglstroto* Ml objoet of toe poltoy me toe mtobllMamt q£ pommmt home for the aMto too wore scattered all over toe territory, to reestablish tribal life and to undertake the edu- OMMi of to® cMldrm* tolls natives were not forblMm law to acquire land outside toe reserves# indlacrimlmtc g - MIMm mold not bo mcouraged by toe a ddnistmtl«i« it seemed beet to constitute mat me Imam as mite areas and MMt IBM Dlatrlcto wore totog set aside with 0 view to allowing mtlvm in too future to take up private holdings wltoto thoa* to Beau remrked that the policy pursued by too Administration me different froa tont foond In malates gf Africa» B» the autborltUe for netting aside eitemlw for the use of the natlvco and for Ito liberal to all of the fMMMNh He |MmK the whetoor toe miivee within too remrves wme not left too mto to tommlvas* Mi done to odMM tom m toe road to bettor olvillation? Wider • polley gt isolation, Mto little O M MMM& with to© white®# too re ms Mmer tool toof would ro mto to toeir dojoeM OMtHMI for fMNh W« toe IMtototrotor of SMMMI Afrtoa t MB precent dMbg| too dlmumim# ro pl tod «fMr mro tom Ml hundred ymm* too Onion iMemwit IM mm to too MMtoßtoß tort • Httof of myototom of MttoM mi MMo toto bad been proved by too MMfe however# had ome too tote to bo adopted* Ob* (Wesmmt had fomd tost too indiscrtolmto of property by natives and ■ -mat was a proving injurtom to toe gMMrt Mt mml wlltotog of boto* M hod# therefore, MrtM to mmmtrste too mtlves, MrttoMt all over toe tMfk tory, into oertoto well def toed reoervm* natives wore not left to tomsolvm* ■lha rUoßlomrloa Iwd opened wheels in cme of the and block ;.m eould undertake wsk for th© farmers > in Ml - eMbMM W«f mas into oaniset with the shitee at all IMm I eeMMM we to fore© oil of the M|W* te lmß the MMIM Ml MIJB c r ' ‘a?; - " la )ac r -■’ a a <a,uc wow eemHewd to •MM • wloteow* mao < I .• vi ?~ aaa al ava U -c-j --j7" a ::-aaX7 aaloa " ' r.aac u..L .1 '72 -.7 77 eaneldorable shite pepulotlmi Wo interests Wo could mt be iMMd* <W mrterWg the We mtlres wre aomsrod Wat WMr Mode maid mt be taim away fem Me by local MMM M IMlon had power to alter their titloa in any »wwr» In the omrse of the during the fourth mMt y« orte raised the of the extent of lands allotted to MMmi i natives for eottlmmt* IUO objeet mi to clear M certain mo and to prmmt foam being entertained that too mh land «M MbM aside it I mite letlm ml too little Mt aMB mtiw cm* ur* HoMsyr Mt the oMated territory Mlee# or hsetaro* won this Ml to bo m&traetod the caprivl-Mpfel sone Wish had bom jolmd to the fMMMWtt if Brltlah Mtamland for Btainletrat&o MMMBm* .. mOf MB Mlm M 2®743,900 hwMw* Wie left M>MUMI hectares of modeled territory to which mat be added >74 s<mro MM constituting th® Mon territory H Ml MMI ® a<s Bl pro@«t boihg adMaUterH MMI omttwest MH*** Ihe o>ewMm of frm Wie total the Mad sot aside for tho rwtlree would lead to onwous oorioluslmw mt We doeert WWe wUMlng ffm the QWhge |MI '>we ef to) eOtti oiW an nidth of about 2S ®Oe®> next is®re ta sac*® Wish wn itataMta for tattaMtah Were • . .... I ion irwl* looattow and tom lands umg by L nbers of < nnUvos lived sithln these taatiem d gracing talr atooh on ta comomge lend®* Also bw Edootaa» esWtoe on WIW natlws sere living* tatam of netlw farmw resided cm ta farm of Swml held eetetes before the !>Um owr tai torritojyj in MB taittatal oemioting of iwo tan heetaree each* omoiderlng all Weee fast tafß colluded Wet there could be hM that the 30 ailan had tam very gonercm in Ito lard /x)lioy* Wo gesstaim hta approved, In gmeral, the policy pursued by th® Ommmt of □oatatast MM** la and mlntainlng morvci. it has> taßwer# eonfircaed the fast Wat taw the leglalatimi in taMB in ta terrttoiy, tai natives tab placed ©a • footing of o with ta /• - - 1. .’ - ; . nyd-i; U uf rrn-nT-r< rvv'r'y qX-.hjo ui .. 10 :;r- >1 eerrs®. adequate safeguard® have boon to protect the c«is»jl right* of th® native®. IM land within ta terri toy appropriated for reserves be Vtatatah except wider the authority of FarUtamt# but ta Governor tawel my grant individml titlee to natives or colored gtaMß ipjfeg land found therein. At present natives appear to haw no deair®' to Bl titles so are still in the p»t@r©l stag® of civil* yet taro li tag fftatal taw Mhh ••• taotatai ha® bcm given ta ta>S We yeeowes ore not weromdei* 'tat wwy precaution io taten to oneure Wt adwioemnt o MMI MBMMN ,oob., T?. W gU*» ib. Op. clt., r .3to lay £ ©n native V*WWf . tostc-a* 3sl MM»* - Saos-* 91- oi- 17. 32- scaa« f 76-7/3 prmai ha© northing of to- ~-• j/" ™T<\iu-fjo ./-C .; /to a"a- .’. _ . > ; .. ; oucmr - '., - mwl of trlbaw f<«a ©vor-populated districts UMI has it tom into diaMbßa to< a? '. < lu -Wv:?; a . A to ... ;<O.:CA A'A'"?a.a, .Xiiitoo, 6th ww»> 20* 'j- '■-C to -/J ' I oott, J J M. V26jeport f ss* Sir Eimtoa* 11th 66* th io dlrtrlb. population as follows \z< .< -a; <.s \ 'r - . . ? awo.) 106. 11 87. 1927 Report, » * 105*06 s roearva-n ewe boon ;rada>lV eMendad# □co 14? 1925 md„ U*Us Igaß IW*, 29? 1906 ibid,, 1927 tESEPBLOO® of life in 3Wfe*Wtt .\ ; s Ji ''- ;u -- bi. ; :; -, g 4Hi M*»t« /p “WT" gTWSZ. 115. 91« ibid., 6th iwe., 173. SU aasuranoa naa given in ttw ÜBB a*port, 10?. 90 110-111. — 5. REFORMS IN THE "A" TERRITORIES paoolng to We C A P - aandntea# ono finds a diffcrmt prob Im to Wat cm* laUng in WB mre baMmrd WCVWiINIMI of Africa* Sere Wo gtmMon is not wo WW WW Mt BNWnMMI NWMn *WWW BiBBpBNW M Nt B|WwMn( WWWB of Bmß for individual and MWbBWB oonfHets of Wtormts oiWWB Mnbßß MWMB eummltM and races, In dealing with such mWrs# the caialoalon has boon eontmt to do little wre Wan to atudy We presented Ml to as to We bBmMB of MM Wem* It )M MMI fltWNltly •• BNMNMi wWor M • mpewlaor* it has realised Wat W* 1b a wry deltoto me and IMI MM ■!#■• Ml about a aatlafactory EKAutWn. In oyria the proMm in aiiGontially cm of fr» canod to bF/Fab /wabla ;ue dhbba — L-<K'C b- G- r-4- ; 'b ,- cho fifth awwlon We OOMtwlorh Bi pointed out Wat under ?wlm IMb pro had a different legal bawls Wan that In the Wb- . . twMgMtM principle to We Goosander of the Faithful# ehe in ocrWln NNI granted cm* MMp thereof to private individuals > MeM • ruW>an3y We to and ms extended* such right# brewer# ess handed dam frm generation to generation and mountedl Iml to amorshlp* If the land was MnMM or MB longer n taxes# it reverted WMtMP of the Faithful# mo MM g*mt its to other bmMMlarlw* No dlatlmticm WWtm WttNNI Mil wwiatiihMi were MMit by UNI MN* iMNNNB to the to om taN« I MB MtfbNNNI af WB cwmlmarlat had autho* rirod legal poroaw to poaacoo land, curing on aMMm in ottawi law* «ileh properly to be te&m only by mteral parocme. tee French had a oospetmt staff in tea teMMf* entrusted site tee duty of applying tee Qttaim tab the foimlltleo of end of lands wr® co I - : ' n ' t \ c . 1 . . erh r /'.mortal tail® tetajßi '-'h Ita tetao tai tte taet test tatas tae oar tee Wtai had dwtayed May tee reeorta. tee fwate* de enid* mo gradually inMitntlng a new tad to ooerewe tee fault® of te* 4 ragletey tai been tan up wd> taMforte* tettatadta wuld bo delivered* taHoettel tee 'tamdsrta of tee pre M •tatata to tee of tee oe MH oyetemof ri Btson wuld mto it ooey to taM 11 oomeming prertaely MF tee MFftMB Mt ainol<lii*t entry used by tee tata* W tele MMNb noteode osteb* IB Itateg tltloMtado Mty of owomMp ®er® be Itah ''. .. *BBBi tataWl tom to ta <ta4 Druae cv V •; a ’a . v. - ’. di . ’;x o x x x i . v v 1 - cd xv :i--^ i cd.v \ X' XX dxtxkd;, ' 1 . 'J -'c' x cl *a We et $ I laoruvo cui a result of BorEn BBMtatattaie toe extension of the lrri£otod area sr too ? & tab- toe tai of. toe villages- tol htl BBMMHt takt« St - a Metat wary Uwe? >we» t .' . x ■ : - • “ XV vX UlO7 XX 1 VC XXX ’XX xtxtvx CX . to fed dafea rellv ‘ xi.? vW.?> This syeWs । m to dlffloulttau -Wo totef* etaMMl to . 1. ■ ic ■ ..' ea d u :? ■ ■ dartre toe tost totaMta poiiodf snd> a ptootoßg toeoe or ef* f HHB B ♦ 11.. ■rovMM id * In to- Mto&Mft p > i Jj MN& to toe JMMt 1 B*t lilial poTtition of tooir 'tat* Tao Fremh authorities tried to put an end to Hilo uotiiod of exploitations tiicy have wrked towards consolidating to owners!sip of to land and leaving it in to hands of toso who w« cultivating it at to tto when flic mtter c m before 1MB» Cementing on thia stotomnt* n. Von Poca asked if toe mandate iy had eondueted itself arbitrarily in toe ant tor. since toe act wo 3 toot of the French autlioritios, me it iapoaod on toe people? u. de C®ls replied that It one a maear© of eanpulaion directed against that port of toe population which did toe least work »nd against toe chiefs whose continuous deeire woo to hove toe beet cultivated lands tMßeelvca. to© ponanoto it 1 rge were wholly in BMW of toe aeaeuro* to Van Uooa caked whether too new provision had contributed to too dlaoontont of too chiefs in the section, ami U do Calx st 1 ted that too introduction of any sort of progress in a country Ito toe Jcbol Druce could not fail to bo dial tod by certain eleoenta of too population. other reforms are being undertaken by too French. Ibus, too 1926 Popart indicated toot the Comiaoloner had prohibited too imonortol practice of inhabitants of too sarx village ixklng an annual distribution of their caQ ian lands for cultivation* an toe ground that toe mthod vac primitive* gave rise to disputed, and loononod 96 agricultural development. IJ. Van Toes called st .ontion to too new regulation and a tod for an explanation, n. de calx ..aid tost WLW it was to bo adMtted toot to© French had caused trouble by pushing their rofomo in toe Jobel Druse toe feet, toe present rasa sure tm not being oyfOM so rigorously, me ideas of too Moo lorn population wcro being reepooted. . iho camtfy woe ready for too refora, which had boon laatitutod more toon a year ago* and no difficulties hud ttMMM frx it® applleatlen# This BMMMbB asilsfled the mubcre of W* n cxnloalon* ' lio problm la Palestine* hi a nmbor of resects siMlar to that hi WM Bl further explicated by the term < the matate by whloh the BrlUB ore pledged to establish a national how Mt the fa* in the territory# IfMftlft Two MfMM the madaWy to plate th® oamt: or mash olitloul* MMMMM eoomk mndltione as will MMB W oetebllehamt of the MW Article 1k |MnB it the obligation to facilitate Jewish Ail® ensuring the MUM* ywltlm of eeotiom ©f and Artie le nlwm ©harg©® it with talcing moeeeary to mMmMI interwt® of th* .introducing a land ayete® appro print® It the neede of the wuntry# MM OMMi Ml been oonfsmted by m almat tosh 1a piraulng Ite p©ll©y w adwiwwAMd □to both Jew r»be when are eeeMogly so Mi *>ole iMMMIMI bemmde diffleult beomaae of the mM for a oooylote of the land® and a ef W of MMMttah A ® in dyria* the mandatory ha® MB the beginning been ■ ted MB the question of regulerlalng Milos# BB British how undertaigen this laborious BMB for BB IMBB of Qlvkir * cofinite legal to«la to the ml property holding# all BB inhabitants# An MmMMBbM wm of th® trouble® enoomtered la forded by the foot that BB ottmm law forbade the s of land by foreign ere# «hloh led to practically <ll IBbMBBBBI property being registered in the am of Turkish nationals who held it in trust# BBMMo Ml BBBBMM registers were MMMMI by real mors of land la 8818 -were 9 d ell iBBBBIBBi of sale, mortgage, succcooiun and the like This Irregular arrangement iodo it impossible far tue actual owners to obtain loans from banks and let down the bora to unlimited abuses of ajury, Blnce taking over the territory, the British have bem correctly thia dwotlo conditio $ in n number of instances litigation has been resorted to for the purpose of clearing tltloo. Wveyo Mvc gone for* 100 ward from the beginning. One important Instance bo mentioned by p-oy of oawplw* the ao*called MbMB bond tgreeiaont between the meHdstory and the ireb occuplora of □ district south of the .lea of Galilee, the British undertook to titles* Hie area In guesthm had bean considered the rty of tile jtote, tlio Arab occupanta paying an annual rent, ihey had cultivated the holding© for gcwratlono, being obliged to forfeit them to the? dulton whoa they defaulted in their annual payments. Hie British studied qu-atlon carefully and cam to the conclusion that the Ambo had a fiord to own ttic- lands and should be granted them on terms, t comleslon woe therefore organised > composed of two Ambo and a British officer which delimited the holdings of each person. Uhe Individual titles were then registered by the bond Hie nett omera of the land are thiw being aliened to pay for it in inoto llmnto extending over a period of fifteen years* a pmvisloml title awhile being given. Hie Palestinian lend problem depende » its so -on the survey which la still under way. According to colonel symee* chief secretary to the government of Palestine, the Adcdniatrotlon will hevc to clmr away the rmaehio of the fuekloh land rogiatom and practices More it can settle the problem of tltloo satisfactorily and give to all sections of the population the lOS naccaoery security of tenure* In Ito offer to to carry into effect a constructive land program, We mndatory han boon unable completely to plea.ee either Wo 'mbo or the Jens. We Arabo have froi the beginning opposed We Emigration of Jeno into their oountsy Hwy have viewed We arrival of Jena tilth great elam, opposing every effort of the Administration to settle We nenconors on We land, and deluging We Coailsaion bIW petitions protecting against the various otopa taken to act up a Jetfish Home. An Ulustratio =of their attitude appears strikingly in objections raised to concessions made by the Goveraaent to We Jews. Among thenoot important of those is We gabbara or the Barrat-caerarea coneeraion. According to Jlr .. Couilaeionor of Palestine, the gaWra tract contains o lar;o urea of snoopy State lend midi hag been leased on a tern basis to the JwlW Oolonira* tion Association, riiich has drained it and prepared it for distribution aacng W 4 Jenish faailiea. Ihla action on Wo pert of We Gwcrarmt led to ix.»~ dis to protests iron We Arabs. In a letter to the canilsolon, Wo Comlttoe of the Palestine Arab congress stated Wat Wo lands granted to Wo J cue amounted to about three thousand hectare® of great value. Hits it ma clslmod; had been assigned flfty-flv© years previously to ano hundred Arab fasdllieei eo,under the existing low,could not be described as State land* Iha Arab® further alleged that the British h»d mode a secret ogreanont with the Jews to give then Wo gabbara area, completely Ignoriixi We of We Arab faMllos in the sene* It was also claimed that tho 103 rents paid by the Jon© sere mrely naalml* We British cwewmt»ln it a eeaeents an the petition* declared that the land amounted to about twelve thousand acres, the greater part consisting of marshes, roa&y ground and sand dunesj that it had not boon sold but merely loosed for ano hundred that it wag valueless unless drained, a roHj milch tho Jetfish Association had tuxlertohMU **slo rlhta of tho ft rab fanillea occupying territory had boon ineoo* lighted by two COttdbMlocMi and Jews were excluded froa all' lands in *| arsa to which tho Arabo could show good titles. The righto of the latter to grate their anlnals and cut tlaber were rocognlsod and tioy wore ca.paiwtad to tno extent of a freehold grant of cultivatabl® land in tao noi^iborhaod 3 Ui<m the Canales ion investigated Hie matter, Or. Qnasby-Qoro* the officii reprosmtatlve* tliat in aßMng land grants, the balance had boon in iWor of the Arabs* The Adalnlntration was vexy desirous of protootlng ths rights, of the native pc con,and before allowing the Jews to oceugiy agy atate lends, the AdMnistratlan was Iwuys careful to establish its om title 107 . rUg tile clcv xW ' ; ■ c ;<> c......;... cc t.c cc. ■ - ;\,cu; of P.appard* adopted tae following concXuolona caiccrning the land problem* (a) If it 1© not passible at present* after sworal years of negotiation, to arrive at- on agiws&nt between the nicotine Administration and UMI inhabitants of the - Caesarea lands, it would seen advisable that t.o legal quee* tian as to the bsMo rights on the lands stolid bo brought before the coapotont tribunal* Ihe carils don sees no valid rhy the netltloaeru stolid not bfi MmmM t ■ । .o mre as the power has informed the coavdsolon that it ooald be :. - e’e U- ... c? c iC a on a > or : cr-vc r Z ' r a ;cc7}7ja by court* (b) ‘“ven in the went of a Court decision confirming the Aoa at -reo nt held by <1 tian— lie lnh ; ' tents represented by Ml petitioner have no eVletly legal rlghte*-the permanent Comisaisn has boon assured that th© mandatory power will* in accordance with the intention ex- pressed by its rcpr oontativcs on various occasion©, seo to it IMI • liberal l/tcrprctatlon is Blw-n to the Platts of ths tohabltmte* Ibis would certainly seal important fro® the tenoral point of vic© of to principles cradled In to □anduto* (e) Ihat, as long as no final settlement has bom arrived at> no umsure should bo taken ©Uto would tend to alter to usual mode of life of the tohabltonts of the area to question and osugo unnoeoss ry ogltotlon in the district. (d) 'Hie Comlesion also recall to roaamendatlon mode to the report by M* Palacios* thick approved by the Coaulasion and amewd to too Report on Its ninth MMMhe to effect tot it is desirable tot tor -mt oGmeßsions * should be given the fullest publicity# and that auffioimt time should U 'Rowed and such definite rules be applied ao to avoid adverse arltlelm* h Ihe mandatory Administration has agreed tot those ©ill bo complied with in so far as possible. Ao/ teo; _oo -1/o < ioc. -oj - A;. t ; to liC bo: -lb/ -., o. v' 00:70 Ihe Doisan the Arabs were given MMbk otate lands» was by Zionist organisation m ths ground Ihßt it violated Artlele SlM> whioh requires lands to be hold for the 3he Rational Oounoll of to Jews of Palestine tot only in respeet to the gabbara grant had the mandatory lived up to it© obligations, it ooatodod that of thousands of dtrnsme of Ooverment 1 rtlmlarly In to Baton didWMh one of rtoast fIMBU tracts in the scant had bean distributed asmg Arab peasants in lots of suoh also tot toy were twblo to wrk tom properly end tot the Jewish demands for land had been rejected a the elato ©ven of tor and fwlsh soldiers hod participated In the BrltWi oillit- rj co/inue©ta of to eountry bs&s dlorc (tamtoto* . Inted by Ucvemment* it we wMaldo out a llquldaMm the Ooveimmt espies hMmU taMog M* cons Ido ration *to desirability gf praaotlng an totem Ive of Jews on these tecta# amid be m 111 aid to the developtaent of the whole country. In reply to those charges, the British Govern wit ata tod that since the Be is an .Agreement had become of”* festive in 1922, approximately eighty thousand dunams of land had been allotted to the Arabs, ..x>st of it going to villagers who were given no more IX2 than they actually needed. 2. d*Andrade, who was appointed by the Coo mission to cstudy the question, drew up a noto in which ho statedi It ig possible that til© provisions of the Convention wore not very judicious and that they have given rise to difficulties and delays. Hie Convention oxicts, however, arid it is only when the situation of the former femora has been regulated that the Mandatory power will know ohot land it has at its disposal for the purposes indicated in Article 31x of the Mandate and will bo able to establish just ©nd equitable conditions for the Jewish colonists. IS the Arab famera have received larger plots than they cun cultivate, it will be open to the Jewish organisations to require such surplus land, and the mandatory power will certainly afford them every facility in accordance with the provisions of the Mandate* Hie questions connected with land are those moat calaula ted to arouse the passion© of the Arab inha bitanta of Palestine, and mat ba treated with the utmost prudence. Hie Permanent Mandates Couniaal n If of the opinion that tile policy of the yendatoxy Power with regard to th® land Ms been wise, and hopes that it will continue mor® and i-joro v to encourage th® close settlement of Jews In the land. Xn its report to the council, the Qomlssion remarked 'that it trusted that every effort would lie node to hasten the survey, the completion of which would be of th® utmost Importance for the general development of palestlm and for the of the Jewish Rational Haae. It expressed the hop© that noons would soon be found 'bo utilire the full posnibilits.es of 114 the land In the Doiaan are©. mio v?oik la progressing satisfactorily. ‘ “ ' ' rptaeblf IMBft not be MM- toe BtaMll I u W ito ,Xa kxdxa dla !i:.), c 10'Vxs v> ; 'y ja-ck "Wf I trims la tod. see Oto ;caa«* 101. 97* 101-109. “ 90. nee p. . _,.. ' ■ 1 J . . . the ME MWI 1 /U aol I l>th grt, . —“WTIW ncgoH7 101. atatsSmTof Blr Herb rt iamel> Mnutos, 9th Seaa«s 90» W. XW*» SXh jess., VO6I. Ihe survey is asking rapid progress* Report, In Were here Jenisa Malgrante lata th© countiyj Unutos* 4th oees., 88* Xn 12 t 856 bo r e odditedi in In ludgratlon dropped off duo to an eoonado or la io In the country »nd aona 10,000 Jena loft; 7« DurMj W? thare wore Vialsjmnts and emigrants? ifeT' '■ ■ ' - ’ ■ ■ ■ • ■ ' ■ '• '. y.': :■ ber of brS's have been granted* 300©., W 7-68. 176-7- 107. Idea., IV-14. do problou W 8 briefly rcvloviou during th® Malm without molueion being «b»t| MjUa 9 W- W"-' J--. «•> ipe-- 112. aoi. u>. 2S’* 6. ADJUSTMENT OF FRONTIERS closely connected with to lend problem is tot of adjusting to boundaries of the nendated territories* shm the peace I Ite were drafted, the m at Paris, little about -t Iteß in the backward re* glens to be diamond of, drew frontier lines to the before tom, often having little regard for local oonditlonc. through to instn>* mentality of the permanent mandates OomsiaaXQn, some very glaring errors and injustices, resulting from the allocation of territories, hrv been rectified* probably the most interesting case ahldi n risen ms if to bouKKinjy dram between on to neat, on to ea»t, and Uganda OB 1.10 Jr- - r? '-• 7 - 77- J '.7 XC- 77 7' .' ’-<. 3 l.V"' , .. :7’ 7,-„7? 7 eastern portion of the demin of tMwinga, of wae ceded to Great Britain in order to 7 to railway «yoteae to bo lifted with to igMte PWteetorate* ihe bomdsiy of MB fixed as fol low 1 % •to Md-st.ream of to Bagera niver frm to Uganda bounds sy to to point tore to nivrr aßoto to woe tom bounds sy of Whence this tmndary to its |MMbB with the eeetem boundary umndi> teMt the oastom and WMlte • 115 em boundary of Urundi to tate Tsngonyife** mring to first eoseion of to ftertteteb &* Otto# who had parties tod in to Agrommt, drew attention to to fact tot tom criticlmn of to wit in mamia, to natives thinking tot a pert of ttete territory, of groat value owing to Ito pasture lands* iiad been taken awoy. HO explained that It was to the volley of that the herdesnn of Ruanda brought down Weir Hoeks every year r&m th© mature lands in the upper regions sore or drie up* ‘?iis period to I silgratto eoa essential for tie upl-eop of th© stock of cattle which formed Ml MM source of wealth of We natives* It was easy to imagine th® greet dlsturWnoo which would bo caused if it boceao to centime thio practice. aoreowr, it Ml stated by very reliable witnesses t. the polittol trouble milch would arise fro, t o loos of this toiTiWry would not be less gM>w. to Won, it wuld seriously disturb the <hele fiwwit of this r ahloh tied, up to Wo present, survived tne test of oc* oupette, and which in the general iate-rost, not tospeedl of thst of too natives tihemolvoc, should bo maintained* ihoso statements were sotMhnt disquieting’, sad tic loo.ot tot could be said nos Wot involved a problem mleh dooervod the ©ttenHm of Wo two Govern icnto directly ocmcmocL The carsUooion corn received petitions from two xiosionnriee in rwnda, Pasteur Henri ‘.not and Clocne* oho osplalnod Wo unfortunate consequences agisting in We rogMu They Wowod that Wo arrangea*®! out serose We lands hold by the noble tribesman of tho King*a family of Ruanda* separating the eoso* bona and causing them to lone their country of origin, poonlo of the Batutsi and Dahutu races would soon be obliged either to logo their family ties or to be and lone their property. Tais would involve great aonfuclsn* estrangement and retaliation. Tae ©operation of the natives nould be regarded aw a breaW of fhlW on the part of Wo Buropeone, for We former were loyal to the British and Belgians during We Bar*. Further, Kiaoaks* the territory in questions© We source of MM revenue, principally In MW* sacred horde* which were an essential factor in the political Ml fotljlliiw life Of MM| were postured Were. To loco Wie land would be regarded 03 an irreparable k '-- ; J •?>'* ' 1 s ’ p ', - j ■ ? ”/> of his Mtata tai reaartad, «ta Mb» @w KlMta taa w la |ta Ita ting <ff tap** tatatataUo# ! 4 c, 0.0 -a.jo to the Injury being done ttw by r^ataring to ttaa their wlu* able heritage* . ■Uw dieouaolon of the tio Oialnam taUta Wt the present tataMta was hardly justifiable tata ta point of rlo of tta political order# and < Ita Mhtata taMta taH orgonXsed- de noted' that# tatta ta Oamtalon had ne right to deal taH ta frontier question# it justi* f Übly taptat tather the deliMta tlon aT tho tatata ta thio way wso not grav taMM to tta Interests of th® mtlwc to eootel tatatata M his suggestion# tai tatatata dtatat to dmw tai tataU tian tea taM& te tai problem# In its reports Si® dost liiGrtent ladlvldim question brought to tho attention of th® peffifimt waUte® Cotalsolm consents th® " ;CXi4oO \ i . „'. U V } tata the •tMIBMMI to whlah th® Ualgim tamta had - - • ■; d;vXLI . . ’ . ■ . • ’ . ' :. t . ; diO x, ’ ’. ’■ - 1 .d; \ >7< asnte os to this frontier tat tan tat to the snsioty cd? both . . . . . . ■ '. J/ ' f omcnntatlon from th® north to the south of Africa* ft would SWtat however, ftal talk taMtatataMß could bo assured now without • of the Mhltak. population < tai tai hod strongly protested against ta taNta whteh taftatal thm of essential pasturage tai attar mourns, end present frontier undoubtedly appear® to bo - juatlf 1* • tai political stability of an African already ta good of organJU^tian ar f r .. tai wwentabt . w tmdatew Oamtalm hod no to deal with smtlor question# but it □ight enquire whether delimitation of the frontier in woo not gravely prejudicial to tia welfare oi tn© notivas and llhely to the program? of native civilic Wsu Sie attmtien of toe Goomiesion hud boon drawn to to© dopliable irwml effect on too peculation of obliging to© King of fWndti to accent thio After having carefully atuilied vortoua etetemnta fron dißint© rented emreon on this m*bjeet f tar coanineijn ©gs unanluoua in ito dealro to draw ’Uw attention of <ie Council to toe unforhmate of the actual boundoxy lino drown between toe parte, of faamr oor.m rant Africa allocated under nendato to Great Brito to and Belgium Iho C« wH ouhalttcd ilia setter to Groat Britain and Delghra with the rosiest tint they give it earefUl $w Belgian at Monchew?, despatched a letter to the British •office asking for the opinion ef the British the wish orproesed by the Cocnisslon that the bounds ty bo rectified. Xn thia oo ~ mloaticn Monoheur □aidi Belgian gowmmt would be vary glad to be able to onnDtmeo at tho aest meWag of the oomteeiaif in July lealelon at all events in prlnoiplef bed been reached in regard to teundaiy of MMmda. Ibere le no doJ»t that were the British mst Belglm able to ouoh a eocxniiloatiai it would orooto on salient on Uio of and 3root Britain, aho haw justly earned the mmtotian of being the protector of native populations, would go obtain the gre ly Govoamt has,therefore, luotraotad sue to Imit© the British aowrrrmt to reply to tlie invitation of the Ijcojuo of lotions by reeomtdering the guestlsn of tuaendlng tlio roepeatire handatee of Ureat Britain of Delgivß In the torri- torics covered ty King m»lngs*s Mlndgfxa** iho British Foreign offiee# acting hr. A* g» Cabbell, replied tel In view of tribal co.xUUons in Ruanda ©nd in MM ’ to give tangible proof of Great Britain* a friendly interest la Belgian colonel development* Kia Govesmsnt# ..♦•although still attach to the of ommat. janda and railway in are p-r->'r-d <o .■.'Lvc -.A;, oo ;kl. ..-.A r:. of EKieh' oormotlon to bo no longer the ruling factor in Weir M*Mb of the ■ ere at W join Wo Belgian (Womment in a re aect to Wo Longue of SMM* aoend Wo boundary laid down la tbs mmdateo wae to oak© It as foliones Iho (&d~st»WMa o the go ;®ra River frou the Ogands boundary dean W the point Were t.ic Ragers / ■ • ~, z- . z ' ■■/ '-'■ . zz- „ to ita junction niw th® oaaterh thmoe We ecatem and sonWem boundary of Umndl to Lake Tangehyll®i« lbs leasts ryKWieral of the League nas notified that th® Wo aovomionto had agreed on a redefinition of the boundaries and hod the Council to ooend I*3o their respective ;xL3datoa accordingly. 3h® Council gladly mde Wo amsndsenls suggested and congratulated the Wo powers a® wll a® the □spates 121 Ccoaiasion on the in which the probleu hod been handled, At fie sevens cession of We cohuloolon, hold in October, 1325, u. the Belgian representative, staled Wot th© ratification of the frontier and We attachment of KMska to Unit *M| bad the happiest results and I - | zea rise to general satisfaction. W would again Wank We permnant mandates We MMI of th® League of gallons and Great MMM who Ml 122 all participated in Hie just decision Wish had at Uat prevailed* 1 * too Co hn* dealt with other baundoxy problem* The of the frontier betwen toe French and the British oamoroons MM soot diffieultioe which called for particular attention. Ihe lUUMM Agreement* eigne *M*» divided the German Kiow»» between Groat Britain and Fronto without taking tote consldoretion etonio oonditlons. Tho division node resulted £rou the desire of the French for a road or rallmy oonncettog its provinces* a project engineers 1 tor found to bo topr&cttoablo- to the British 'distototK’tlon of the enmroom pointed out that a nutator of tribeo along lied boon divided* orating hardships In the IMM IM ®MM»toro dtotricts of toe MMi territory. toe uffMlfl Report of M stated* ®M Mor hae had the effect of dividing * MIMM tritol edmaanlly Into too porttone* one M iMM to under Fromh Ml Ml it® ifeMM Mi IM -Ito the remtodor of the fro® the root of their subjooto Ml MHiMMi to to the MB of Mi AfttoMl the Ml vlottoo ol’ such an operatton an act of too:? livable and cruelty* ditoh W notilng c*m extaiaato or situation nna rwtooed l<r the Mooton to ito thlM aoooton* sir F. *rj sd dre« tap a mto that the- Omicil bo related n to torlto toe totoreotod potters 2tc corMdor' shethor 1 . ■ L . . , _... ' .' ... .- . ; .... .' . .> . ■ -.. t : t ; :? - ."A.? vM> Mme® Xn W MMMMi of toe siostton* dir F* Bogard pointed eut Mt to® difflMLM recalled MM toe feet that toe ImMM *M pearly dram*both to the north ami to toe south* vaHeue trltol -jwn MIMtMIM being iMMMto Mt Ml MM f IMIMMM MM toe Mr of M in norlh hM fought .against the gersam ' "g part of his territory beck froa then. Sir Frederick . au-jsestod that in drawing tie attention of the Council to the setter t tie Coxilaoion should justify its action by the fact that it ms looking after the interests of the ne tires and sn® not raising an Interns tloml territorial question. It mo 125 agreed that tie terns be as in the mnda caw. O;.. . . . . . . . J ia . rronch iriifirestubntlo, x gtetld Wit ho was wore his country would be willing to follow the suggestion of that on impartial be wads* in it© to th* Cbmil th* said: ' ■ ■ ■it h n :c ■; □ . I J . Considering that, Becoming to th© report on the British gammons, the frontier between th® British end the french nondated territories has in Mfhti .. cos divided tribal areas > Ihct thia situation, if tie ocnplainte ore justified, would be oootrasy to the interests of the mtivooi that tho Council should, before considering any fossaures destined to obviate ths dlmdvanf---;, g— ,r ,t fc <■ ;ch ,u; Goy.ocL nd to neto fcnsm Ito vises a* th© aaLJcot. At fourth eesalmt Ar* OrwbgMkjrst the British representstiro, told tho Go • ..-o Ao . O' 0 o ■■' r> c? . , - ;o XGo a ' o a /'.' . / ’ . ' - " \ a’a that they Md ©ms to the conclusion that only uinor changes in the boundary were neeesessy. M* Dueh&w* who w« also prowent* agreed I -the two Govem- 1?7 ®mt» would pressed to stake necessary adjustments. wt Cosjaissian* in its . 128 fourth ****** to the Council, espresso*'is* satisfaction with the prwoodwre* An C%i3i»aton na j presently op 'ototad to lio naacaaary aur* 129 veys and ro-odjunt-xntc, and 11. Doohan* mo cblo to report dtwtof’ tiw elmnih df Mm Coantoelm toot efforts were tom being sa toe .■ u* G .. , . . . . . ■ . :v ■ J; v G GJ adrlsed faring it® tolrtomto *mmMMI HmH t Gillo of * iMM had been ait* The boundary betmen British and Fr«Mh also drum in an yneaitofa smer and * Gx>d iMMdJsshaMH* During the fourth MMM*V to* Frmflti DuehSno* pointed out that aa far tock •* the French M IMA UM proposed that to* local autoorittoa of the tw© MM* ritoriee should commloate for the purpose of rectifying their frontiers* Ijp gO *MMI*Mm MM* th* W* MM MM *****MMl t* *MM too MMI IMM changes* Hie OonQisalai roocmended tost toe BrlMsh Gowiwmt con its 7 ions on toe subject and thio lad to the l>ltlah dore mor too Cold coast meeting ; MMHiIaMM of W c > Mto* th* under 1R Ths Oomisolanj to its ninth report to the Comoll* noted - " ‘ . ' o.’ 1 ■- 1' ’a rr /’c ; 'Mn£ :Ccgo h • .g lon-l .. g -■■ '-A r; fGH-rd g g! -• g 5 ’kGG Av ''"g.ggi g.' g- h;etvG' - gu gg^g "i,- l>s f**i* were md* t ; as* A ma eppetoted to MM*WS to at SMMM* 136 ducting the /tootoer frontier ({uostion arose In reopcot to to® lino fun ding betwm gcxatoHMt Afrte and PmtMMHI (inpolak. vlor to toe liar a of teo huadred fifty mils® between toe too colonies me muttoltood booauee eaeh elalned MB torrltoiy. toen toe aendste of 9outo*weet 6MM ere®tod > toe native® therein n nuccteu a redistribution of toe territory nhich had been handed over to Portugal to onable theoi to g»ln woeee to toe Bumn® River at olußwidja end to dMM' part of the eater to ttooha pan for irHgstlon 157 purpwss* GoaMsaton agreed that © solution a? t’.o question t>oa very dos in bio in too interest of too tohobitonto of toe- region. r mr© therefore diefted as tollowot %o northern bomdaiy of toe undated territory of Jouthtost ifrioa hua t It appear®, never bcm defined. Boisocn it and 1b a atri . imputed territory oiMl rille® broad# which toe aortas and the decided to treat as a neutral • final OOttltMMß M nuoettom 7 <l® sone 1© under no eXXmotive control -nd cons r gently co ictituteu a ijenaoo to good order# and is Ml obstacle to toe oonolueion &£ an tien treaty for IMMMI criminal® between the too Administrations* She acor'dltod representative of too Union of tooto Africa has lafomwd to® .widctcs c&Mwion that If this cone wro abolished ' . ' ■ ■ 1 1 . . - . .r -G / . ?- - ; .. G,O Kuaene F&wr* toe inhabitants wild be el shi water SMI that river for purposes of irrigation* We fismdatoiy Government# for its part# to prepared to uua up Umj sohe.oo. Ih order to its realisation# the MgMl of the Onion of South appoaro to part of the disputed BMW. Iha yantotos iMxasslai any mtifto ttoa of boundaries shtah wonld remora a portion of • mMMA and attoeh it to a colony io topoaolble. Bormver* as in th® present oasa* toe in mMSM has not bom included in mhdated territMy beMMae it we under diauito# toe (Mofsston io of toe opinion toet f so far as -toe Covenant end tie mndato aro conoemnl# there is no objection to toe node by toe representative of th® Union being taigen into cons ide ration. In the interests, therefore* (a) Of Ise and order, by bringing the neutral sone under administrative control j and (b) of ecanonio development and tho prosperity of the natives, by rendering poos iblo ft scheme of irrigation* Hie pandatea comiasian ho a the honor to reootxiend the Council to invito the Governments of Portugal and His Britannic majesty, for and on behalf of the Union of south Africa, to hasten the conclusion of an agreement which Mil give effect to the above proposals. Ihe two powers undertook negotiations to put into effect the & made* Delays, how ver, soused the Cornisslon to urge the settle lent of 159 the question as soon as possible. Beprcsontativce of tuc to Oovemuonts 140 act and finally ra-deflnod th© boundary as the Commission had proposed. Another frontier problem Mth which the Comissicn concerned itself arose in connection with the line between Tanganyika ond Kenya. it proved that tills boundary bisected tic da sal tribe, sho had boon In to habit of gming at certain eeaaons on both aides. Ihio practice led to the arrest of members of toe tribo for treepassing. A clear definition of the frontier n Ai ©as considered necessary. ~ In the dlsouooion held vlth the Corlissi,n on this point, gr. Qniiebyoor® said that the Weal could not bo persuaded to roeognlEe the artificial boundary bHmon two mmtrios. ftie yroblm 142 nus complicated by the warlike nature of tie people. ' In its report to the Council, the conlftsicn abntained froci Risking any direct suggestions m the nattor, but stated that It would owilae any proposal which be asde * with a view to reuniting tie t >oai tribe, provided It did not involve any X 49 llnltation of the control exercised by league of nations the mndato. The latest Infomation available Indicates tnnt tue boundary in being .kwrelated* 144 with mly slight changes In lie gene rd features. Xn its role of supervising Uw execution of toe enndatog, the Ccmiaaisn ho© investigated other frontier armngermts. 'Hina it too exorcised care to see tint in ad justing the frontiers of Oyria and Turkey* the Hjiw of the X 45 ;• ; terriiM 1 mi Imi Pip 9 mMM** / jm ij mM / into the nature of tho sgre-eaent fixing the frontier batac-oi Transjordan -nd Ml llejd. Mqo 9 tie toe token interest Xn tlio botolazy bciyj m>- voyed botttocn ayrin and tho hope that thia «ork wuld 14? be as soon as passible. FimlXy* it has cloaoly followed tie frontier adjuatnanto being saado between Iraq and Ito paying particular attention to the between Ml Xn its aotivitios relating to frontiers> the Co.i:iioalon aas hapt foraaont In its uind the welfare of the natives. It has insisted that they shall not bo deprived of their eadsteooe or of Imads. The leUch it lias used are shsracteristio, alnply onlllng attention of the mndatory powers to the oonditiana MMI exist* remiiadlng IM* MU of their sh* Ugatlono and upon their good faith to cure abuses, in nil Inetamoea the Coanlooion hao boon careful to toko into tho praatio&l aspects of tiio question imodlatoly in hand. Ito general , la a tribute* not only 149 to Umi MMAHMb !• mandatory pM I well. > 13W Report, 61«0i noform ar® in &•< sTSTBr*to W>ee in Palestine. Raaiision has devoted little attention to this mt ter aw yet, but surveys are being aMw for the urpoee of regularising titles; lsS7Report, ■- .r .. | fj 3®»3., Bist Africa 'approved by the Coa* mission, July 20th, 116. JorZ, ” Z-ioo r council# pp. 3*6. lip, qgoBT Jcuidhl u, p. XWi W SW»» no. 11, p. W& SIL For the ts© ooc coriwpand«aft» regarding the modified tian of til© Boundary bo tween British —Tgr — 122«TF eSsTi :, —- M .3rd 13T7 T;u gc a 9 j 126. 127« 13" , ? •* Rapport an Frenefo IQ>ll 9 146, for .Journal»». 10, z; yi. HZL, J3th • oo .17 7 : - a./. .' (Mmwos* I :Ux« 1 Bo * . XM» °on l W» MNMhf o!3 o on urltiah Togoland* 6>66. r. Il to toe > >r4 Je«s»» 117-10 • ipu. almtea, oth joss., ui, 159* Council, acting on the Commission’s advice, urged the powers io hasten the conclusion of the boundary agreement; official Journal Ho. 10, 150. 145. jlnut-a, iMa jess., 10 > Ibid., 11th des®*, 10. deport on 14?. 149. Cth SO3Q.» Ifo. 144. WwloSit BXr Donald Caocron* Ibid., 11 th 3cao., 72. 145. aeo Xbld«» 6th g®ss.* 'll th jeoo.* 132 j ’Md.* Ipth dcso.* l?Sj Tula proof on has not yot boon 146. For the terse of the hodda Agreement Great Britain and jejd, seo Cud. <066 j a loo* Popart an Palestine, 3Qi Ooe ;&nutgq * 9th jean., X6p«64. 147. XbM*» U*Ui Sews.* 14 j Ibid., ;cw. t TJT M 6» Wwb| 17~X8 # 56 t 200j on the question of the • urkey boundary* see ;y of Irtish 0.400.174. - pqY an ino tance in which the (Mission refUsou to be involved In mi rtfom of a boundary, ooe ulmteo, 11th jocj., 219-2 D. CHAPTER VII SLAVERY, LABOR CONDITIONS, AND PUBLIC HEALTH 1. THE SLAVERY PROBLEM IN MANDATED TERRITORIES SLAVERY has been a scourge of from ancient time. only within comparatively recent years have steps been taken to stamp it out. The Congress of Vienna 9 held in 1815, made declarations in favor of the prompt abolition of the slave trade, and treaties were subsequently ne-1 gotiated by the leading nations with this object in view. Phon the Berlin Conference met in 1885. the powers were able to soy that the traffic % sea forbidden by international law and to pledge themselves to eliminate it 2 entirely in the Conventional Basin of the Congo. 'Sie Bruasola Act of 1889* 90 dealt in detail with the means of suppressing the trade in slaves, among other tilings providing for tae gradual establishment of fortified stations to exert protective and repressive action in tlie territories devastated by man hunts 9 for the organisation of expeditions and flying columns, and for the placement of steamers on inland waters to prevent tie capture of alavea and to intercept slave routes. It further provided that tie signatories should establish suitable penalties in their municipal lar,o for the punishment of slave raiders and dealers; that escaped slaves should be repatriated) that slaves seeking refuge on ships of ar belonging to th© signatories should be freed; that signatories should take steps to suppress the importation, transit and exit of slaves and that an international office should bo established to exchange information for the purpose of eliminating the slave trade. The Convention of St. Germain, signed in 1919/ revised the Berlin and Brussels Acts, the parties agreeing to to secure toe complete suppressicn of slavery in all its forms and of the slave trade by land and sea.” uhile the slave trade is forbidden by international law, the name con hardly be said concerning the institution of slavery. Many forms of domestic slavery and serfdom, of debt service and peonage, exist today. But only Abyssinia among the Christian nations recognises the status of involuntary servitude, and even its laws permit slaves to gain their liberty, provide for humane treatment, and proscribe future enslavements. China, Japan and Siam have enacted measures prohibiting or abolishing slavery, ihe status of slavery is officially recognised today only in such Asiatic countries as Tibet, the iu.ohamedan states of the last—Afghanistan, Hedjag and other Arabian countries. As yet slavery has not been prohibited by international law, hit where it is 5 recognised at all among colonising states, it exists only aixong native tribes. Slavery, of course, io forbidden in all of its forma In the mandates. Hie Covenant, in referring to the territories, mentions the slave trade as one of the abuses which the mandatories are charged with eliminating. The general spirit of Article Twenty Two undoubtedly opposes the existence of slavory, not only in the *B* areas, but also in the other territories, ell of which form a sacred trust of civilisation necessitating the promotion of the well-being of their inhabitants. The draft mandates for the *B* territories state that the mandatory ’’shall provide for the eventual emancipation of all slaves, and for as speedy an elimination of domestic slavery as social conditions will allow; n further, Wat We mandatory ’’shall suppress all items of We slave trade** The B o ft mandates provide that B The shall see that tv slave trade io pro* hibited, and that no forced labor is porsltted, except xor essential public » 7 works and services, and than only for adequate remnera?4on. f, H© on Wis subject is found in We *A' has# Xt IN N Wat ta no case are Ine uandatorios obligated to proceed immediately to stamp out slavery# The Institution of slavery is amtioned only in the sB* mandates, and then only an eventual ejwxsipatlon of slaves is required. In the 'C‘ :Fndatea the provisions forbid We slave traffic and forced labor, We I resembling slavery vesy closely* In both the *d w and fl C* territories the Go-mission has exercised Wo type of control. It has asked the ran nd ato rise to supply ’data on the followhig points t 1. measures are being taken with a view to insuring the suppression of slave trade? 2. bast results have been obtained? B. 1. Io slavery recognised legally? 2. Docs domestic or other slavery still exist? Give statistics. 5. tot are the prindp 1 causes of slavery? (gambling, drink, etc.) 4. Is the pledging of a person recognised legally? 5. Under what conditions can a slave got his freedom? 6. tot measure® hwe been taken, or ere. being taken* to provide for to aaanQipaticm of slaves and to put on end to all slavery, domestic or otherwise? f. Is there any time limit fixed for the of oloves? In tlie affirmative, how long; is the period? With the concerning the status of sluvoxy before it, the Com! so ion Q has undertaken the difficult task of supervision. Conditions in each territory have been reviewed with the object of ascertaining the o: tont of the evil to be cured ? d of wking suggestions as to methode which • fol- lowed by the mandatory powers in guiding thorn in this task. The problem confronting 'brio Commission arid the mandatory powers was carefully analysed by i£r. Grimshaw# the representative of the Labor office# in a ©mornndm miah he submitted the third session, de noted that domestic slavoiy was to bo found in all of the 1 ’ territories, chiefly to the fact that they had case under Islamic inilutnco, . c institution as one of the bases of the social syst a. Further# he pointed out that tne slave trade existed in moot of the territories, bail is: j confined to the pledging of persons, comonly women and children. aepresalve legislation, however, was to be found in all instances, the offenders being actively pursued end severely punished. It appeared that the vestiges of the trade now remaining were doomed to rapid extinction but i& was necessary for the administrative officials to be constantly alert to prevent recrudescence of the evils. There seamed to be implied recognition of slavery in at least two cases. In French Togoland, an onolavod person might gain freedom. on the coulition that he pay his taxes, discharge his regular labor duties, and comply with the obligations imposed on all natives, presumably, if he aid not do thee® things# he -must remain a slave. in iwnda-Urjoii, an ordinance provided for the ccx** puloory registration of all domestic slaves which scorned uo amount to □ recognition of the status of slavery. Mr. Grimahaw urged that the position of the Commission should bo made clear. Any recognition of slavery would be incoEH patible ©ith the terns of the mandates,and the a kit be requested to change their legislation accordingly. the position ox the dmoetlo clove* according to kr. Grlishaw* uid not- always imply suffering Tno various Baports did not seen io indicate any general demand for freedom on the part of the slaves. BV@n' when emancipation was easy, few socued to take advantage of it. Measures adopted by the mndotory powers to put an cad to the slave trad© appeared to be adequate in moot eases, 'a to douea .io slavery* the Caxiisoion would doubtless weloo io the steps taken ty certain .powers < lio r- cognition of its status, the refusal to aid •owners 1 ’ to recover absconding cl vcc* and th© enactment of legislation abolishing slavery in all of its foms. Yet* while such reforms were highly < c sirs bl e* any sudden change on an extensive coni© might result in serious evils* possibly of long duration, • d 12107 -Iht jeoponlise th© developmnt of tho peoples toward a hitler civilisation, spread of eduoot-lon, snore intense contact Mtk ■ - ■ peoples* I verjent of oconocic would load to a greeter demand on ins port of the natives for emancipation. :.i. OfbudMlW thought that I inlonn tho inandctorles of its desire to sec the way cleared, logiolntively and sdalnieti’slively* for tho freeing of domestic slaves as coon as conditions 9 would permit. 310 Co nisalon has examined the slavery question fro a ti.se to tiros, in 10 • general following the principles suggested by ir. Grimshaw. It hue been desirous cd 1 ing into effoetthe provisions of Article .. -Two cad of the draft mndatoa but it has that this can bo accomplished only by degrees. It has been oatisf’ied to keep the question constantly before the mandatory administrators by reviewing the situ*: lion in of the territories. Aiaong the "A* mandates very little slavery exists, only attention, therefore, has been given to the problem in that e regions. Tao Administration 3 of Palestine and Transjordan have assured the Cosamisaion that no slave trading is to be found in the territories. A very close wtea is kept along the frontier next to Hodjas where the evil has not boon entirely stamped out. Slaves in Trona jordan are the domestic servants and personal attendants of the dheikhs, and are frequently found in positions of trust, Virile it is very difficult for the British to uproot thia gystem, because it la based on the Korm, they have set their faces against tic oistou cud are sacking eventual elimination of the 11 abuses. Tome domestic slavery is to be round in ayria out the iWnch Government has beon taking steps to stamp it out. iho High aoimlasiomr has made enquiries to discover all cases which be regarded as restraints on per-12 aonol liberty &ith a view io granting freedom to persons so affected. No slavery exists in Iraq.At the beginning of th© British occupation doaostio serfdom of a mild fora was found asaong the of Amra., but this has 44 l > disappeared. In. th® W B* territories* the question is meh more serious* etnd th® Commission has given considerable attention to the problem. In French Togalund, the slave trade is illegal and subject to severe jenaltios. The French ‘dmlnistration has extended the conception of slave trading to i elude the pledging of and other relatives for debt. Domestic sluvexy still exists but there 14 are no ovidencoa of excesses and it is gradually dying out. Hie french Groveiment has born waging a constant fight on slaver, th the om and northern provinces of the Cameroon®. Domestic slavery is found extensively, especially in the north where it is believed tiers are thousands of porsons held in subjection, lave trading is forbidden and is found only sporadically; the pledging of persons is no longer recognised -.a iojU. fae French hope to eliminate slavery by raising the ©aoniiic aledoa of tn© people to a 15 point whore servants will bo able to make uheir own way, in hritioh Togo* land, slave dealing is forbidden under a penalty of sev n years’ imprisonment* V.hllc no slavery has been reported in Dio southern districts, it is putt; prevalent o in the north, whore tie native custom allows chiefs to surround them* □elves by an extensive entourage, when certain individuals, arestsmbly indigent, voluntarily attach thooselvos to th© retinue, receiving in return for services the general necessities oi life. Tais fom of slavery has lately become loss the caieas do not now possess the necessary wealth to maintain large families. It is expected that changed economic conditions in the country will 16 load eventually to a complete extinction of tho institution. /.Il norsona have been declared free in the British Vezy possible effort is being mado to •• raaicate Dio slave trade, vdilch prior to the British occupation was vexy extensive. ITio Criiainal Code of tec territory makes illegal all transactions in slaves. A. patrol has bi en organ!: oil and has been very sucoesslUl in 17 its efforts to stop tn® traffic, bony sieves have been emneiputed. Hie situation in the Britisn caoewona has been subjected to careful review by \ ths GocKiioaion, mlch to a in general bem plc med with eteps taken to solve the problem* ;>♦ Grlmhaw presented a ae-iomidm during the eer nth woolen in which ho analysed the problem and concluded Wit co; neodable progress had boon mde in the aupproasion of abuses* though* of emme* tiioy tod not been entirely abolished* iho situation la ssng®iylto toe mt with tlio approval 1? .of the fo tueetiooß thia tcrrltor iOoa rnlsed* Slave trading io severely puniotod under the Indian peml Code* applied to the territory in W 0« Aceerdlng to tim last report available* the prchibl* tlm of alaveiy is completely effective; there is no legal . MM ef alavasy in any of its farm. *’ ihe slave trade in practically unknown in auan&Mlrmdi* being suppressed eith adequate penalties* there io ao3o danger of Arabs dealing In a laves* the MMniatraticm is constantly 21 mtebfhl and tie practise to® been uprooted. In tho malates similar conditions exist. Ihere Is ro slavery in tii® territory infer Japanese malate and* consequently* there orc no special provisions prohibiting traffic in davos. Slavery is not legally recognised* Ml law of the Sapirs regarding it M contrary M public order Ml MBM M jffenders ore pmhfied as having committed abduction. or kidnapping. Ho I* clnvesy exists In Hauru; it Is not legally. ehc aam io true pA of Western Samoa. “ In New Guinea, however, slavery io found in the district ox lalesea, this part of the mandated territory not yet having been brought under effective control by the Mninlstration. Abuses are not extensive; only an occasional captive taken in war is camelled to labor for Ills captors. No evidence of serious hardships is to be found. Tho Adminiotration has admitted its primary obligation to suppress its evils and is taking appropriate steps in P 5 this direction* ' The Canutesion has agreed that progress will bo made only 26 when the backward districts are brought under civiliaUk; influences. Gone domestic slavery is found in south-West Africa among the Okavango people. It • is reported to be very mild tn form and primarily relates to servants, chiefs or headuen owning persons who are obliged to cook and perform other domestic tasks, llwre la no slave trade. Tae Administrator has held meetings with the tribes conaemad and informed them that all in bandage met be liberated. A 27 large number of slaves have been freed by this moans. The big difficulty has been to conxvince the slaves themselves to leave their masters for the un-28 certain life of free aen. The Oomi seton hos used its position to encourage Administrators in tho making of deelieble reforms. It recognises that slavery, which is deeply imbedded in the mores of backward rices, can be eliminated only by the gradual process of bringing the populations into contact with the influences of civilisation. Backward Ter^^^y^ 9 in International Jp® $ 5 Hershey, Essentials of Inteiw't'ionaT public Law and s xf. j no^e £. Qloo American Journal of International Law, 3upp*> 15*14 p. oe 3 American Journal of International Law, Supp., 29 ff. 4, .Article 11. of the United Stutee 111, 5. Lindley, on. oit., see Heo *Mntz, ace Contact, Chap, The Convent ionof St. Germain was supplemented ty the Slavery Convention of Geneva, of Sept. 25, 1926. See International Conciliation, No. 2%, Jan., and Foreign Policy Ass’n., ’info mat ion Service, ToT. IV, No. 22, 67 Joo Article 4 aX’ for tae Cameroon®# 7. 300 Article 5 of hands to for south-*. jest Africa. 87''in "it" assisted by Sri '■ office. dec his maoranda on ths 8 lave xy and Labor problems; Mnutos# 3rd Sees., 262-65, 3 Ibid., 4th dees., 16>72. Minutes leas. ,'12653561 tor $ summary of buOmcitiou contained in the reports reviewed by dr. Grimshaw, see idem., 10. 3ee Itoi. , 1/. 117*135 Hoport, 27. 12* flEuteg* Bth jeea., 30*31 !?• 73. " ~~ Rapport4Rapport, 4. 13* ‘ r - '■'•/ 16. TSportf 17. 1925 Wo $-6* I^l9> 24, 100. 192*3 etwee that tho British ore SMHMInvSI alert it solve thia difficult Odilon. 7ue Coaii Almi I ' with the annd ■ MglW»Mti*esi MM«j 156 1 XbM*, Sth 3©@s*> 19*22, Ibid.> 7th t* prevent dealing,the remission - ' the British and French in the northern portions if Meir roapoctlw spheres of the |M9MWB to co > : I almttog, 4th ipeeal ma adopted ■ oved wry satisfactory of Me Omatesion, Ibid *, Jesc., 65, 217 • 19* Xbid«, 6th Seas*, l^?,T^ e 20. W 7 Import, M* 21. 300 20-21; 1925 Ibid., 32 S 'llmtca, 3rd .osa., 6/5 Ibid., "~ 22.-1925 wort, I WH7 & 2. COMPULSORY LABOR FOR PUBLIC PURPOSES Very closely associated withthe question of slavery is that of compulsory labor. Vfhilo slavery nay be regarded in general as permanent bondage, compulso- ry labor is -feaporary servitude of greater or lees duration ngeinct the will of the person who is required to perform service. Irticls Twenty-Two does not mention forced labor but the fijandates contain the following sts to* wents *lhe mandatory shall.. .prohibit all forne of forced or co.ipulsory labor, except for essential public worlds and services a d then only in return for adequate remuneration.** A similar clause spnesra In tJie *0 n mandates: "ihe mandatory siu- l.sec that ... no forced labor is permit tod except for essential public works and services And then only for adequate reiauneration. ” Hie raedficationa of the problem and its iwr© serious aspects may bo understood by examining notes prepared on the subject by :h Van Vees and 4r* Grimshaw. j. Van Rees fomd after a thorough review jf the subject that in all of tiie mandated territories, as in all colmieo, the native populations, or certain groups of them, supplied permanently, and not merely occasionally, a considerable amount of manual labor for current requirements in the towns and far small local works—the upkeep or repair of paths, roads, light bridges, and the like. Such labor, generally known as corvee, was uidoubtedly compulsory, requisitioned and directed by native Authorities in virtue of village and tribal use and custom. Failure to perfom It subjected the defendant to penalties. Ao it was not mixic-rctlve, a strict roading of in© rAndates would require it to be forbidden; yet thia was not done in any of the territories for the good reason that the \dministration' could not get along without it. Another type Of forced labor, known as preatation, was performed without respect to the interests of the natives themselves. It waft and was thus a violation of the terms of th© jaandatee, strictly ©onstrued. Hore ag- . it was to ©enfiera to letter of the mndate provisions, *hMl were mt baaed on praetieol experience ond* therefore* iwolvod coasoouemee of unforoacon extant. a t form of nawo'untaiy lobor was found .in certain territories* tie Malala trotion woe mpawarod by law to oblige tie natives to work in their cm behalf Wilvitolly or collectively, as In tae cultivation of foodatuffs or the planting of products for exportation. this like* wise violated the term of tie usuda tes # it should bo uphold for its edimlive value if alusos were not radioed by the Adalnistration. M* Wn Hees expressed doubt that th* of the aoadotea really set forth th* intention of their author*. frames evidently desired to prevent Wo abuse* of forced labor existing in certain tropical caimtrias 9 abuses arising either fra* the dlroet or indirect kiponitlon of forced or eo pulaory labor for the bemfit of private individuals or ar fim th* tbmt willMted r -gala it idling of frac labor by the local authorities for all kludo of eoxtee and service* oonolderod to be profitable to the local 'ortaf ily the aatiors of the »adates did not Intend to ignore ygs*tli**l adsdnlstratlro problew. In effect* the clauses ahould read? n 3ie mandatory power shall prdilblt all forced or co .peilsosy labor except for public pur woe f and elm 11 Me that work .exacted for essential worfeß ©nd eervl*** shell be adc~ fUately romiaerated» fl did not exclude th* servioes du* fm th© village pepuiatiand* which were rendered without payment by virtue of ancient institution* and cuotaio and nhich genemlly bemfittod th© village aiiof* In tMB ** mi*h» fitted frankly that it m* to til* vie* with til© term of Hie smdatea* and suggested that taoy should b© emended to bring them into accord with actual experience and practice. W* Griashuw drew up a memorandum, which was during the tenth session. ll© stated that in regard to forced labor tile axr.ua 1 reports indicated lon t*9 the tern© of the mandates were not atriotly appliedt (1) A certain amount of work mo :.\sctod which m 3 .at paid far. (2) In so no eases a labor tajj was imposed, mich was apparently not coaalderod by the mandatory to be labor. w The general practice wao to regard forced labor as that perfoiwd for building public works—such as railthyw, aln roads, wharves, the maintenance of these works,and porta.;© for tae purposes o.' the Administration. In each of these o \ses the labor was undertaken in virtue of a decision of the AdMnietrotion and was under its control. In general, such labor ms paid, the only doubtful case being portage, where in sone instances it appeared not to be reams rated* Unpaid labor, however, was emoted .In the intorosta of local sanitation—the cleaning and mintemnoe of streets and anor roads and the combatting of pests—and for the purpose of stimulating tho raising of certain products or certain quantities of products, ihore was a third typo of labor, that exacted by chiefs and warranted by traditional usage and custom, taking diverse forms, ranging from the preparation of food and drink fox’ tribal feast Inga to cultivation of the chief’s lands. Moat | '.s labc . onal la MB* ture but was at times imposed for the benefit of tlie chief individually. TiW use of cOEipulsory labor for sanitary purpose© and for uie raising of products for the benefit of the individual himself could not be classified aa labor," requiringadoquat® rcamerotlon- *• to necessity of unking payment for work on roads, this would depend on how heavy the work involved might be* Respecting labor exacted by chiefs, each case would have to be determined according to Its circumstances; certainly the work done f®r them individually should be gradually limited and ultimately abandoned. Gn the? question af preetatlons,nr- : . . . (« M* 1b M / WMM in fact forced labor and wore contrary to the mod - tea. ar. concluded that certain forms of forced labor could not be rooonciled witii a strictly literal interpretation of the H b n and clauses, but ho did not 'think that theso clauses were intended to be interpreted literally, for absurd results would then follow. He saw need of revising the mandates; inotamd of tlying to reconcile Uiolr provisions with existing canaibions, the conditions should bo gradually dialled 53 to bring 'ilieu more into lianxw with 'Ui© spirit or ‘Uio :xmdatos. % second note was prepared by LhV&n Boon in milch ho Inais bed that all requisition work should be forbidden unless It wore remncrative. He pointed out that Hie pr’otioos found in all Hie territories in Hi is matter violated Hie mandates, strictly anh He reiterated mis ■ - rigid formula found in ths made tea did not render the intentions of the authors clear, evidently wished to aialude forced labor for the bciiodit private hidlvidua Is and to Ino Ist upon adequate pay for requisitioned labor ©ployed cm essential public works a.id services. Ho restrictions ware respectlng other form of labor I|W Adilin' nd it Miss to Xot it was not permissible legally to resort to Uw of this kind unless the .< or would ||M to absurd results. Hie present provisions wer® not obscura, aiid the interpretation deal..- d b- . r« tt of t’." .lendmnt a lons remained. M. Van Bees thought that the departures from the strict terms of Hie mandates could not be regarded as of secondary importance, aa Ortwh-m had implied. 2i@ concept of cwnuml labor had boon extended too far in seas of the territories and thio tendency should be checked. Further, compulsory agricultural labor connected with the har/oetlng of products for food supplies or exporte woo a for i of labor incompatible with the of tho raa»- dates. Rut there was no justificatim for excluding .It singly for this reason. M. Van gees V;erefcre urged that We only way to reconcile We tens of We mondotee with practical requirements was to report to amndmmt. " ' luring the doureo of Wo discussion of these notes, Llr# Qrimhaw and f. Van Rees ogroed Wat sow practical interpretation of the articles of wndatea rQ " bating to forced anu cohmul-aoiy labor should be worked out. fhay proposed to draft a Joint resolution to clear up questions of principle. Both wert of Wo opinion Wat the labor policies in We mndatoe sliould bo liberal in 35 character. " Tala action, however, ms adjourned awaiting the report of a % League committee of Experts, which had undertaken to solve the aem problem. ?Mle the Qo.raiseion has not yet agreed upon the standards which should bo observed by the Rovarments in the mandated territories, it has meanwhile actively resisted abuses which might arise under the eyetm of labor for public purposes. In several of the territories, the ’diainln trot lona have observed the provisions of the mandates very strictly,and the commission 57 lias founu no fault with existing conditions elsewhere, however, situations exist which have required careful conaida ration. In the french mandates on fee West Coast at Africa, compulsory labor has appeared in the form of a tax or presto tion. feis has led to 3ome misgiving a song members of fee Cowmis* sicn. During the sixth session, the labor i*4gime in iOgoland was discussed hi detail. M. Van Rees noted that, widle literal compliance wife fee term of fee cwndate vms hardly possible, fee re was no justification for such a wide departure from its spirit as was indicated by fee Decree of July 3rd, 1922, instituting a tax in fee fora of oo ipulsory labor—the requirement of four working days per year, payable in kiad or in money, of all üble-bodiad adult males—intended for fee maintenance of roads, bridges and telegraph lines. This Decree evidently did not relate to work done by tho villagers in virtue of their customary law and, therefore, -ight be regarded as forbid* dm by Article Four of the mndato for Troland. fee Report for 1922, fe Reos pointed out, stated feat this levy in addition to the feat fee natives should clear away fee undergrowth around their settlements J hence, fee Report admitted feat fee labor wos other thMft feat required by 38 native custom. " ' He also noted that failure to comply with fee requisitions, made fee delinquent liable to punishment. Tills, seemingly, violated fee ..nndate, provisions In feo were also criticised. Under an Order of July Ist, 1921, there was established a system of compulsory labor for local works, fee duration of which was fixed at ten days yearly, all adult mice, wife few exceptions, being obliged to contribute. Van Reos feornd feat this labor likewise was not for villages but was over and above tliat 59 a for local purposes. 15. Duohene, feo official representative, replied feat there- was nothing in the mandate preventing the Administration from levying n@Bosaary taxes. It could not be denied that the exactions were a form of taxation, because they could be paid in money. Further, the tax wag on© found in nest countries. *lhe mndate only to prevent labor levies so disguised forms of slavery. A tax of thia character, he contended, was not such an abuse as was forbidden by th© mandate; in foot, it ms no abuse at all. M» Van Rees said that this practice a earned to him to go farther than the mandate allowed because it called for labor for essential public works without giving compensation. M. d l Andrade agreed with M. Duchene, for a strict interpretation of the clauses of the Mandate would make impossible the execution of indispen/ < sable woHcs in the territories. He thought that th© French Government had a right to impose a labor levy an Europeans and negroes. M. Van Reos then de- Glared that it was not a question of a labor levy but of adequate remuneration* M. Qrts said that it was nee ssajy to distinguish between ths labor and fiscal regimes of the oewntry; to his mind this ms nothing but a personal tax, She clause referred to by M. Van Rees was designed to prevent taking men by force and transporting them far from their hems to places where they were obliged to work indefinitely. Ihe labor levy was different; it was of short duration and did not entail removal froi the oommnity, whieh bonofittod fey the wo>U dom. M. Van Rees insisted that if forced labor wore exacted as a tax, it was, nevertheless, forced labor and that if it were not remunorated, it vra© • contravention of the terms of the mandate. g> that if forced labor could be classified as a tax, this allow mscrupulous govemaents to abuse their He suggested that the test should bo th© number of days of labor required and the amount of the t'X levied. Mr. Grim* shaw viewed the natter from a practical standpoint, noting that over 70% of the persons obliged to render labor service aosmtad it for a small payment; there then n 3 really no danger of oxoseaae under those circumstances. Sir F. Ungard admitted that compulsion might bo employed to obtain labor for works of public utility where such labor was reuu*crated. Ho did not agree, however# that if forced labor wore pronounced to bo n fiscal*,it we to bo made legitiente. If ? caao, the id aid to forced labor would be abandouad and tho would be re-introduced under a mw label. A tax wan justifiable only if the laborer could pay it by selling his labor in ■trio open mrket, VJhile no agreement mo reached in the mtter, tho discussion served to bring the chief issues to tho front. m its report to the Ocamil, the Oamlasicxi stated; sie CcMsdaplcn discussed whether uw tax La th© Ibm of a labor levy ('testation") did not constitute forced labor mder conditions not wholly in conformity with thooo authorirod by mandate. It comet be contended that ouch a labor levy I®, in fact, forced unpaid labor. On the- other hand, it appears from the report and the eV 1 tenon tn of the accredited representative that in thia ouae it in a tax payable in labor or in money, which does not seem to give rise to any abuse. Divergent views were expressed in the ttoale□ion concerning tho legality and advisability of this practice from the point of view of the principle of* th© mandate and of colonial adsdnistration in genera 1. 40 The matter was ageln taken up in the ninth esseion. he French representative# M* Marchand, explained that a labor shortage neceesitated a resort to forced labor. Qf 6,000 workers vdiioh tho Administration controlled, only l,>oo were volunteers. M. .Duohone, who was a 100 present, stated that the levy wo regarded by the French merely as a tax and that,as such,it was legitimate. eald thoi he had raised the question previously and that he had not yet changed * his Opinion. fibers of the Oomlssion were unable to reach an agreement on the question but all of tnem held that abuses should be avoided. Hie Syria has been the object of oloco sc rut 1 7 by the oon> mission* During the eighth session,it was noticed th t ta-o system established by ottoman law Vy which tour days’ labor vom prescribed, wns still in existence. The French, it appeared, considered the ac - ten 1 vic 1 in lieu 0.1 wey, 4s for ths person it could meet the levy either in money >r services. Mr. Grimshaw pointed out that ths labor levies were vory heavy in the Jebel Druse where the uprising had occurred. There was, for ins >ncc, Uis on co of th© aqueduct at Goueida, for the construction of which tills town of five or six thousand people had been obliged to provide one hundred non per day for an indefinite period. xho labor necessary amuntad to 1O' ? or more of the active mn-potr lb* tom. Boal : :v' 9 \ . . ''' B. . \ .. h ' jived labor. It ms evident that the demnds ;wle on the popul • tion were such greater than anything to which it had been accustomed, totaling fiw twelve to twenty days 1 labor per year* thus greatly exceeding tho four days required by oriental law. Hr. Gri ishaw suggested that this form of forced la box* woo likely one of th® causes of the revolt. M. de Q&ix, the official representative, admitted that t e labor levy was oi<cwedlagly heavy) he did ixot think, however, I that Ulin was the bis io cruise of the rebellion. The juHlc workc wore very 43 beneficial to the country. Ihe Comieelan contented Itself wita asking for more information, ©npeoielly as to .measure* to prevent abuses. In compliance vrith this request, Wo IWpert gave considerable infotwtim about tie labor system of ayrla. It pointed out tliat uie ottoman law of 1669, establishing the oysteri of prestotlone, was continued. According to its provisions, able-bodied men between sixteen and oxsty years of age were required to work no more than thirty days in live yearn. Th© deport wnt on to say that hi mny ooaoo towns insisted that re juisitiono be cade, tho work 45 being voluntary in practically all instances. Tils explanation oeened to satisfy ©embers of the Oomlaslon and "Use question was phased over Jithoub 46 further criticism. The possible existence of abuses in the British Cameroon© and Tanganyika has led to careful consideration of existing labor in those territories. During the seventh session, M» Van Heos asked, >r an explanation concerning proviswna in the k.ajor Ruxton explained that, while forced labor was employed by the native A Vilnlstrution, It was iot used for essential ✓ public works. Tho Administration regarded public works as those mpervised and directly mnaged by th® GOvomaent. native administrative labor was* in practise, the keeping clean of villages and of roads between villages. ?ho latter ms considered labor for : miclpal works rath; r tiwn for essential public wrkc From tills statement? h. Van "leas concluded that there wore labor levies hi th© QBacroono which were uu. .. rated. Palacios max , .■. • saxy to > insist on a fuller compliance with the terms of the mandate had been 47 rendere.’ ..roans. ku its revert to the -Council, the CM ten 43 asked the mandatory to give full info ration. the V 25 deport on the Cao croons indicated tint all labor in the territory waa volmtrxy; that no labor existed in lieu of taxation; compulsory labor was used only for the clearing of roads and paths; that forced labor ms oxietod only for tlie t runs nor ha t’o' > of the loads of Government officials on tour and of essential stores, the number of compulsory porters diminishing evvuy year. Currier work bob paid at the rate of nine pence per day with, and four pence without, a load, the joumeya rarely being of over ten days duration. lh© only unpaid conpulsoiy labor was that required by the villages, for the mintonance of native-node bridges and th® upkeep of reet-houses, a coromal custom from tine The rule ms to pay for th© eons tract ion of rends but to require their maintenance, except mtor roads, without remuneration. paring the year 484 persons we re convicted in th© native Courts by th© Native Authorities for 49 failing to obey We order of their chiefs to labor. Shen tills Report was discussed by the Cainlasion during Ite tenth session, M. Van Reas raised the question of what wee meant by compulsory and by forced labor. Mr. Ormby-Oore explained that forced labor was used for particular os when a demnd i * was made for the contribution of so many men for the performance of a pertain task. labor me coomnal and Included road mWtenancc and portage for the -idminlGtrotion. Hi Wn Reca called attention to the fact that the terns of the mandate forbade both forced and compulsory labor. lio insisted Wat forced labor Would not be required under the guise of compulsory laborj That there was no reason for ouch a distinction as had been dr-wn. mandatory, he said, was not justified in mintalning the roads of We territories free of cost by merely classifying this ©ork so 1 . he «aa □atiofied with the practise it preaonts thoi’c were no apparent abuses, but Wo principle should be kept in mind. ' Ihe Comission oaao to no ecnclualm on the I'Tl .ctplo, bat no criticism of the Brltidi labor ms inserted in the report to Wo Council. The question was briefly reviewed sgaW during □1 the twelfth session, nothing of importaao© resulting* In Tanganyika* unpaid compulsory labor is utilised according to long established native custom for the purpose of keeping clear district roads. Thio requirement led Mr. Grimshaw to ask during the ninth session whether the practice did not, in fact, violate the proviaions of the mandate. Mr. dcott, the official representative, explained that there were no abuses at present. The chief at a certain season of the year colled out the men and r;a.*cn of the village and told then the time had come to clean the roods. no objections or difficulties were raised, and it might almost bo said that the work me dona voluntarily. It wag not paid,in tho strict cense of the word, although there was a large amount of work to be done and a large umber of people to participate. An ox or two would bo killed and a feast prepared □2 for trie natives, were entirsly satisfied. During its eleven tli a css ion, the GasUsoion went further into tho question of forced labor in innganyika. Jr. Grimshaw noted that there wore apparently insufficient limitations on the powers of the local authorities for requisitioning labor. " Sir Donald Gomerco said thet the Administrator would not permit compulsory labor without prior official authoriseticn except whore Government portage mq required or in emergencies when it was necessary to save a bridge or a dam which had broken. Authority for forced labor was granted only whan necessary and then it was adequatoly rmsierated. Native could requisition I labor for their om works only with the 'consent of the Governor, Uconaeial labor for the purposes of keeping roads clean existed in certain localities and was not paid. The Governor intended gradually to eliminate evon this form of unpaid labor by establishing item in ths native budget to cover its cost. Conditions in Ruanda-Urundi have created apprehension in the Made of sane of the members of the Caunission. Following imjacwrial custom, the native chiefs require forty-two days of unpaid labor, usually the herding of cattle. Sir F. Lugard protested against tine assumption that because such labor levies were imposed by native chiefs accox’ding to custom, the European Administration had no responsibility in the matter. Sie Government, he mid, was ruling the native chiefs and had the to define their authority M. Van Hees pointed out that cocpulaory services were required In addition for village purposes. shis appeared to violate the mandate, which forbade all forced or campulsoiy labor except for essential public workd and services and, even then, just remuneration should be- mdr. Tn fact, there were two cases of labor in W-nda~uraid 1— that for the chiefs end that for the local administration. i*. Ralewyck stated that it was very difficult to uproot the practice; if the ancient of the chiefs were suppressed, a veritable revolution in the social and economic life of the people would ensue. It no, therefore, necessary to exercise eatrene care in making changes. M. Van Hees agreed that a prudent policy was advisable. Ho had recognised on previous occasions that the .aandatoxy Government could not do without labor levies. Sir p. Luga rd said that ths solution was to pay the chiefs salaries; they would not then need to resort to forced labor, h. paln-54 cios thought that the terms of the mndate should ba strictly observed. decision was reached on issues involved, the Comission merely asking □3 for further information. Report on Puanda-Urundi declared that the natives furnished the customary prestations without protest and that the Administration was seeking to reduce the time of service Hid to provide the chiefs with sources of revenue so that they would not need to use compulsory 56 labor. ' Mr. Grhashow, during the ninth jossion, stated that it as hardly enough for the natives to be satisfied. Hie test was, did this type of labor retard the advancement of toe natives? He said that if the administration ' ' 57 intended to rule through the chiefs, it should provide for their re rune ration/ la its report to toe Council, the Commission noted that toe Belgim Government was considering the payment of chiefs, thus making it possible to reduce or 58 even eliminate customary labor levies. As yet, however, no great odvnnce- 59 ment has been made toward toe solution of the problem. 30 far, th® commission has been unable to solve the pronlem of forced labor This is due, in part, to the unfortunate provisions of the draft .xmdotes, which, strictly considered, make requirements which are practically impossible of achievement under present conditions. The s £ rations of either Li. Van oeea or t, Grimshaw on this point could apparently be adopted without seriously infringing the spirit of the mandate system or endangering the welfare of the peoples cone med. Hie main difficulty hrs been a lock of agreement among members of the Commission on basic principles. The recent report of tne League Coziittoe of experts on Labor problems, of which Sir F* Lugard, I. Merlin and M. Van Hecs were members, should. serve to clarify the issu s and establish standards to guide the Commission in its future activities. the Committee agreed that no recourse should u® hod to forced labor except for work of public character -or which voluntary labor was unavailable. Also, it unani* Piously approved the rinciple that the authority responsible for the imposition of forced labor mould be the highest authority in the territory. It agreed further that only physios Uy fit adult males should be liable to any fora of compulsory labor. The Committee drew up detailed regulations respecting payment of laborers, duration of the period of labor, compensation for injuiy, and the like. It thought Itself incapable of making regulations concerning forced labor in c sea of ourgency; it regarded detailed regulations as to village work to bo unnecessary. It decided that forced cultivation was justified only to overt famine, and not for educational or co-.sx’oiul reasons. It held that compulsory labor for private employers should be entirely abolished. Hie Labor office has placed the report of the Committee on the agenda of the Labor Conference of 1929 and it is hoped that a oomvontion be adopted by 60 covering the recomendrtions made. " —* J bid,, 4?. 26. •'.; IbiX, Sth 3«ss»> 182. 2J. 1 -gpoyt, 13-19. 28. 1924 Ibid., 29. 29» Soo jllnuteg, 6th Sosj., 67• JSL Ariiole 3# of jandatcs for £wnd>njrundi and Article 4, paragmph 5 for other *B a 51- For provisions of the questionnaires with the labor problem. See Section II of the w ß rt and questionnaires ; Section XVII of the Palestine questionnaire and Section xi of the Syria quest ionmire, Ann @M vn. css., , >□. TJ&Lj 113-12. X- 11th 3eee«, 17-18. 57 • *¥n "the *C n territories compulaory labor la emoted only for osoentlal public works, for which adequate rerauneration is allow© ; however, loo r 1 sorvic^s—suoh as clearing paths and fluting pesto—are required without pay, icjort on western Samoa, 41 j 1225 Report on the islands under japan, 86> 1226 'on Jauru, 75 1922-25 Report on Sew Suinea, 82 s 1923 Report on South-West Africa, 87. y). See IJ2I Sipport, 6, 84. 6th jeso .'7 16-21, 173. 42« lin'd. / Sth Jose. s T4y * j 45T Report, 45- see n’rnrtor, l;Hh dose., 177; dapper 47- Sw., 42-44. — ' 43 e 315. 50. 3esa., si * Goss., n^ 9 deport, soe Report* or native Auffiority ordinance of 1906, AdmlniatraTo’rs wide powers 55. 216. 6. 1923 rapport, 32, 5/. ■ 11nat. s, IHkT ;esa., 103-06. 53. Idea/, 219. l2th -ess., 143. 3. THE PROBLEM OF CONTRACT LABOR Th® exploitation of native labor for private employers is forbidden in the territories under mandate. Buch practice would Lo incompatible with the principle of trusteeship upon which the mandate system rests. The ”B” mandates specifically provide that the mandatory protect the natives from abuses and measures of fraud and force by the careful supervision of labor contracts and tho recruiting of labor.* During its first session, the caaaission agreed that mandatories should prevent abuses in all regions under mandate. It has since been constantly alert to sec that this obligation is discharged, thus sparing the peoples under mandate much suffering previously endured by backward 62 In general, the various administrations have been very careful to eafe-gusrd the interests of th® laborers of the African ter itorios. A review of provisions enacted in the *B** and *o* mandates shows that native policy is enlightened and humne. In south-aest .Africa, labor conditions are regulated by proclamation® Issued in 1920, 1925, 1924 and 1925. No oral labor contract is binding for more than one year, and written contracts are valid for five years or less. All writteen contracts must be attested by a l&gistrate or other authorised officer who is required to satisfy himself that the agreement was entered into voluntarily and that it is clearly understood by both parties. Xi’ the contract provides for payment in money, it may not be made in kind, and vice versa. penalties for failure to perform contracts, either on the part of ths employer or employee, are definitely established. Local administrative officers are charged with supervising laborers and have power to enquire into and redress grievances. hercas, in the past, all recruiting wes done by the Administration, two native recruit* u 5 ing associations have lately been organised to take over this work, Similar regulations aro found in Western same®. Considerable Chinese labor is imported, but this is done only by the Administration* Labor contracts generally mi for three years. If a laborer is dissatisfied with his employer, he may geek another. Neither corporal punishment nor confinement is permitted 64 for violation of contr eta except by decision of the courts, the Japan- ese territories, no requisitions of labor needed for private enterprises is permitted, and all labor must be obtained by free contract. Jo compulsory or punitive sanctions exist regarding native labor, authorities supervise labor contracts, having the power to pronounce them null and void nd to 63 punish employers for violating trie regulations designed to protect laborers. In Nauru, the ri his of laborers appear to be well protected. The 1926 report indicates that the recruiting of labor is not practiced among natives? □ a a rule, the mon are employed by the day, week or ncnth aa the case my be. If any written agreement Is entered into, it la subject to the approval of the Administration. Chinese labor is imported to work the phosphate mines, being recruited at Mongkong by an agent representing the British phosphate Company. ch man, before final selection, is examined by a Chinese official at Hongkong, who reads and explains the term of the agreement. On arrival at NOuxu, tho men are examined by the Govemneni Medical Officer to ensure that they are free of contagious and infectious disconog. The period of en>* ploymnt may not exceed three years, laborers who break their contracts are subject tc fines of not exceeding twenty pounds and in default of payment, may be- :entonced to imprisonment not exceeding three months. The Chinese and Native Labor Ordinance of 1922 contains minute provisions regulating labor contracts, conditions of work and the like, and these have apparently 66 proved beneficial to the laborers. In New Guinea, the indenture system has existed for a number of years, natives be'. cloyed as laborers on plantations owned by white settlers. The employees are removed considerable distances from til sir hoines and engaged for long terms of service. The Australian Government has declared that it takes careful precautions to provont abuses usually associated with the indenture system. A minimum wage has been instituted; payment of wages in goods is arohibitedi recruiting bonuses are limited in amount; wives are encouraged to accompany Weir husbands. According to the native Labor Ordinance of 1922 natives my not be removed from the terri* toiy. Only after they have been granted licenses by the Administrator my en> ployera or Weir agents recruit laborers. Employers sust ensure the safety of laborers while going to and from their places of employment. Contracts of service must be in writing and duplicates must be filed with We District Of* fleer. The ordinary period of contract is Wree years but renewal is permitted vhen We laborer hue less Wan three months to servo. An employer may not dis* miss a la borer before We expiration of his contract, natives deserting their woHc may Le punished by Wprisonmcnt not exceeding three months, corporal punishment being forbidden, if the laborer is convicted of a crime or offense, a District Officer may cancel his contract on We application of We employer. Likewise, a District Officer may cancel a contract if We employer does not pay Wo stipulated wages, otherwise breaks hie agreement or inflicts bodily hem to We native worker.' 4 V&ry similar provisions ere found in the *B” mandates. 'ihuo, the Governmeat of Tanganyika requires all written contracts to be attested before a ••magistrate or un eMb . . tiro gj._lc ... .. mot make lull e> tlcna to the laborer. Drench of contract by employer or employee is an offense under the paster and native hervanto ordinance of SiWI it • . to tra deserting natives, in practice they can treak their contracts almost nt will. Native laboi’era con be >mishod only on the order of a competent court. Except with the /Governor’s consent# recruiting within the territory for work outside 68 ’ is not allowed. ' Xn wiioh is essentially an agricultural country, most of bic natives work for themselves, cultivating their on fields. Labor contracts my not extend beyond three and must receive the approval of the tdainis trot ion. Definite obligati ano are placed upon uacter to provide sanit ny working conditions, to give suitable periods of rest and the IMh penal Mng ... . tho foi’m of OttßH or xor breaches of contract. Residents and their agents ars invested with tho authority to prot ct the natives under contract. Recruitment is strictly supor/icod in their 69 interest- ' Bxtonaive provisions of ti© swao kind are round in British Togo-70 71 72 75 land, the Britieh Canwrocno, french Togo land, ©nd the French caneroans. Since the n A h Hnndatee aro occupied by people better able to protect thowelves, their .Pd&lniatratioHS hive not taken the same precautions respecting labor contracts. It my be sold that no special legislation has been enacted in 74 Syria or Iraq mwh as is found in tho and 3 C n territories. Hhile the provisions found in tho *B S and ®C n territories arc very liberal oxi their face, the co.xilssion has, nevertheless, oxarained Labor regimes in detail. It has given special attention to penal sanations existing for tho enforoeiaeht of labor contracts. Thue, during the fifth session, hr. Grimshaw, sailing attention to such regulations in Wuru, asked,%as it not noselble in a am 11 island, where the workers under contract were subject to elooe supervision, to abolish penal sanctions for breaches of labor contracts? loch sanctions had already 75 been abolished in huioa, and results wre oald to bo very In Its report to the council, the Corals© ion st ted, ”Tiie in view of the special conditions prevailing in the Island of Nauru, shares the hope 01 the accredited representative that it may be found possible to substitute, in casea of broach of labor contr eta, a civil action in lieu of proceedings in a art nine 1 court, and invites the attention of tie ;r n powers to the measures taken in this connection in /cutcm 3sson '' In response to the Coinission 1 s wish Jhe 1924 Report on Maura indicated that H ve-fy serious Mten-11 tian’* woe being given to the matter by the administration. During the ninth session, the question arose again. M« Palacios noted tuat, according to tho 78 1925 Report, laborers under contract who deserted their work were liable to fine or imprisonment- He asked if punishment ere inflicted oxtensivoly* olr Josenh Cook, the official representative, replied in the negative end called attention to the fact tact the total fines Imposed for all offenses in 1925 nmomted to only 412 pounds. k. pa lac ion enquired that would happen to an employer who broke his contract, sir Joseph Cook explained that he would be in the same position of niv other man who broke the low. u© drew c Mention to the fact that the tdnJblistrstor had to assure himself that contracts were fully understood .by the employees and that they were equitable before they could be signed. Also he stated that an * ivisory Council h f, d bon forned, composed of two uropeans appointed by the Adolniotrntor "nd two Nauruan chiefs elected by the Chiefs of the Inland* ‘M 9 Oouneil adviaed the on all matters and served to protect the into roots of the na elves. J. palncios 80 so id that ha entirely satisfied with the exp lone Mons r®de, M to sur* renderlng cri «ind sanctions, ir Joseph declared in a subsequent meetlag of the same session that the 4dminlstration did not deem it advisable to forego tie possibility of criminal action. Ihe administration believed that such sanctions were necessary to prevent vagrancy and malingering on the part of the workers. As to the type of runl®hraent a it «as aecesaasy to inflict herd labor, otherwise the Chinese would prob bly pr- for to go to prison. They would rather be comfortable end well fed in jail than to work 81 in th® mines. Criticism has likewise boon directed against penal sancilona used in Tanganyika, ta the mtter was inv;stigated during the slx'Ui aeeaicn, tlie official reprosontativo stated that his Goveimmit would adopt the plan used In Nyasaland, according to which the employer was required to appear before ® mgistmte and make out a facie case Of wilful dcaertioii, but it could not agree to give up penal annetiona "• 1 together. " Tie question raised during tiie ninth session bub the mandatory representative again declared that the Tanganyika Govermient considered it neceaeary to retain the provisions because of the backward condition of the people. It hoped thit the country progress sufficiently to enable the sanctions to be abandoned*but thia 85 was not yet the case. imbern of the Casmisslon have ihuu tar upp.- rontly agreed that penal sanctions my be utilised,but view Uwa with groat distrust and insist that no eaceaacs result their application. bM 1. Wl mndcted icrrluori.,>a la hH* fully studied and suggestions aide for taeir solution. considerable • .tcntim ho a been given to the dangers inherent in the recruit. mt of aaam laborers in New Quinoa, she Co .aisaion has investigated maternal welfare, ©ondi- tions, infant mortality and the like in this territory. It has ngreed that recruitment of wives along with their husbands is desirable so long 84 as tribal life is not injured. The consensus among members of the Commission is that it is undesirable to remove women and children too far 85 from their homes. Conditions in Western Samoa have raised several questions. During the eleventh session, M. Rappard called attention to the danger which might result from the breaking up of tribal life by Europeans resorting to extensive use of native labor. He and other members of th® Commission enjoined the local Administration to use great care in preventing 86 the evils which would result from this practice. Ihe Commission has discussed hours of labor with a view to protecting natives. In one or two instances criticism has been directed against the long work! g hours found in mandates. Ihus, during its fifth session, members of the Comission noted that ten hours a day were required of laborers in the Japanese territories. 'lhia was thought excessive. 'The explanation of the Japanese representative was that the output of the natives was very small and that long hours were, for this reason, necessary. 1 Nevertheless, the Commission called the attention of the Council to unfavorable conditions found to exist in the is 88 lands. Hie 1924 Report made by Japan contained details, serving to clear up numerous questions which had been raised, satisfying the Commission that abuses were not prevalent. x Hours of labor wore also criticised in the French Carreons. Mr. Grimshaw, the ninth session, noted that they amounted to fifty-one hours per week, not including necessary camp labor on Saturdays. He pointed out that the opinion had been frequently expressed by the Commission that, in view of tne inexperience in regular work end the physical incapacities of many African tribes, an eight-hour day woo often too long for them. M* Duchone, the official representative, explained that a considerable time was required to go to and from work, only nine hours of actual labor being performed daily. It would be very difficult to shorten hours be-90 cause the yield of native labor waa much loss than that of European. rMle little headway has been made as yet, the commission is still dealing with tills , , 9* problem. Distinct problems have arisen in the W A W territories. In June, 1926, tli© National Council of Jews of Palestine pointed out in a petition to the Commission that the country suffered w frcm the absence of a code of regulations controlling the conditions of labor and ensuring to the worker a minimum working day, compensation against accidents, protection of juvenile em-92 pluyment, etc." The discussion on the complaint held by the Comission revealed the fact that the Arabs acted as comon laborers after the harvest. Arab labor was, consequently, very cheap. Unstable conditions had given rise 95 to some unemployment, which had caused considerable suffering. In consideration of these conditions, the Commission recomended that labor legislation be enacted as soon as possible. During 1927,the British Qovexment drafted provisions to cover such matters as licensing trades and Industrios, health conditions in public establishments, woikmen’a compensation, the fencing of 94 ‘ machinery, and the employment of women and children. The latest report □hows that much improvement has resulted from trie enactment of the legislation 96 . ... . . urged by the Ccmisaion. The situation in. Syria, has likewise been given attention. As yet, thu question of labor legislation has not become pressing because of the backwardness of the country. The industrial system is primarily patriarchal in organisation, small domestic industries and agriculture pro-96 vailing. Members of the Commission have agreed that prudence is desirable in making the transition from the handcraft system to more advanced methods but have emphasized the fact that workers in the handcraft industry should 97 not be exploited. ’ At the suggestion of the Commission, France is nt pre« sent introducing a system of modern labor legislation to protect workmen 98 against present, as well as possible future, dangers of the factory'system. Ihe industrial situation in Iraq is very similar to that found in Syria and Palestine. Steps are at present being taken to protect laborers by adequate 99 legislation. •Rie Commission has been pleased to learn that coqaonaation legislation has been adopted in certain of the territories. Thus, the Union 100 Workmen’s Condensation Act has been applied to South-West Africa. in New . . < Guinea, the Employer’3 Liability ordinance of papua is in force. In the French caracroons, to cite another example, indemnities are paid to workers injured in employment, the Administration meeting trie obligation from its own funds, the amount granted depending on the seriousness of the accident and 101 ranging in amount from one to 1000 frencs. The arrangement in Nauru was the subject of some criticism during the eleventh session. Mt. Grimshaw noted 102 that the 1926 Report stated that compensation was granted to Chinese laborers in the event of accident, disease, or incapacity arising in the course of employment. For serious injury,the maximum compensation was one year’s pay, which amounted to a little over nineteen pounds sterling. Did the Aminietration think that tills was sufficient? Ihis hardly seemed just, specially since laborers who broke their contracts could bo fined twenty pounds In its report to the Council, the Commission said, ”Ihe Commission notes that the British phosphate Company repatriates at its own expense Chinese workers who are considered medically unfit for further service or who are seriously injured whilst at work, and that the latter are, in addition, given compensation amounting to one year’s pay. Ihe Commission would like to know whether it would not be possible for the mandatory power to secure for the former, where their incapacity arises from tho conditions of their work, treatment as favorable as 104 that accorded to those injured while at work.” ’ Ihe 1927 Report gave information which was generally satisfactory to the Commission. It, however, asked the Government to indicate whether Chinese were indemnified for sickness resulting in the course of their work. Ihe Commission has been very interested in securing the application of log international labor conventions to the ma. dated territories when possible. On a number of occasions, members of the Ooumission have enquired whether conditions in th© mandated territories warranted the application of labor conventions. While such conventions have not been applied in every case, satisfactory explanations have been offered for failure to do so. In Western Samoa, the Administration has noted, there is no necessity for generally applying in statutory fora international labor regulations. Local legislation is said to « 108 be adequate to protect native labor. Similar conditions obtain in Now Guinea,and international labor conventions have not been generally applied 109 ’ there. Ihe 1926 Report on Nauru stated, Hinder existing conditions labor is well protected, and in the present stage of development of the Island, there is no necessity for applying in statutory fora the conventions and recomendations of the International Labor Office.” Social conditions in th® japan?- ese islands ar© simple and the state of development doos not require the spill plication of the labor provisions. south-West Africa has an extensive labor code, which gives practical effect to tine recor. lendations of th© labor convert 112 tions. In French Togoland, the Administration has considered the possibility of applying such recommendations but has found that they are not yet required 113 by local conditions. The 1925 Report on British Togoland stated, ”The industrial life of the territory has not yet a ssumod that complex character capable of developing such problems as would render the applicaffion of conventions or recommendations of International Labour Conferences either useful or expedient. The principles underlying such conventions or are, however, considered so far as they are compatible with the local conditions and are incorporated” into the laws of the territory, fully protecting work- 114 115 era. The conventions, however, have been extended to the British Camoroons. Their principles, likewise, have been incorporated into the laws of the French Cameroons. Tanganyika has found Vie recommendations of Vie Labor Conferences “hardly suitable to local conditions” due to the fact tint labor is almost entirely agricultural and that there are no industries of importance in the territory. IX3 The same observation applies to pua nd a-yrundi. In Palestine and Trane jordan, the mandatory has adhered to the International White phosphorus Convention of .a x IX9 1906 and other conventions will be applied to the territory shortly. In Syria and Lebanon, the industrial life is very simple, only a few small manufactures existing* Until recently, therefore, no consideration has been given to establishment of any labor regime the country. The French are now considering legislation incorporating the principles advocated by th© Labor conferences. Laws are being drafted to protect women and children, to ensure 120 sanitation in work-shops, to prevent accidents, and the like. In Iraq, likewise, industries are carried on by families in their homes and problems associated with factories are non-existent. The British, however, are now bringing about a transformation in the labor regime, the Ottoman regulations giving 121 way to modern legislation. For abrief swwiry oF th© wile of tho ipbor Committee by Mr. Grimshaw, see Minutes# 12th >eos., 186-Bp. Ibid., lot Moos., If. 62. For a brio! 1 account of labor exploitation, seo Buell, International Relations, 281-84; also Reinsoh, Colonial / dministntip i, >BB. Such abuses have been lardy outlawed by colonial powers; Lindley, The eguiaition and of Backward Territory in International %O-66. 64. 1926 report, 46-4?; 1926 Ibid., 41-42. 63. 1923 Report, 36-37 • 66. 7*3; of labor contract, see 1925 Report, 57> for Labor urdlmiS of 1922, see 1922 Report, 50*92. W* 1521-2/ Ke 56-60; 1922-23 Report# 82-83. 68. 1925 * . 62* 1922-22 10, 1225 71., x^o 12, 1926 a, 1926 w;72 -/ /4. see on 90> 1926 Rapport on Syria, 885 1926 on Iraq, 28 fi‘. 75. minute a, sth seen., 144. , 195* 77- ort, 20. 78.’ s e& o. o« If' V 6:4. } 16. 80. 3693., 14*15. 81. /th jOSS., 20. 88. 3eso.» Ob 177. 6>. Tbld., 9th SM*.. 144. ~ 84. Minutes, p rd"sess'. , ,' 165. 85. Ibid.,6th Seas., 89. 86. TEH., llth Beaa., 95-96. 87. Sees., 14. 88. Idem., 184. 89. Report, 46-47; Minutes, 3ess., 90* Minutes, 9th Sega., 71. 91. Hours of labor in Nauru, for example, have been reduced from nine and one-half to nine hours a day. Considering the fact that only four and one-half hours are required on Saturdays,the average may be sot at eight and two-thirds hours per day; Ibid., srd Seas., 174; Ibid., 9th Sees., 14. 92. Idea., 208. 95* Idem., 176-775 several strikes occurred in Palestine at an earlier date; IbiT.7 7th Seas*, 118> 179* □ess., 125. 95. Tp27~port, 104-05. 96. Minutes,3th Sosa., 110-11; Ibid., Bth Seas., 28-29• 97. Ibid., 11th Sess., 154. 1'926 Rapport, 129-50. 999 inute 3/ 12 th seas., 59-41; 1926 Report, 28; l>2f Report, 56-57• 100. Minutes', 4th Seas., 82. 101. Minutes, 9th Seas., 71. 102. see p. /• 105* minutes, 11th Sees., 21. 104. Idem., 205. Report, 3-10; Minutes, Ipth sees., 229. 106. This is roquirod by the Treaty of Versailles, part 5, Chapter 5, Article 421. 107. Minutes, sth jess., 184 j Ibid., 7th Sees., 22-23. 108. Report, 41. 109. 1922-23 Report, 82J 1924-25 Report, 47. 110. See p. 7? 111. 1925 Report, 86. 112. 1925 Report, 84-87- 115. 1926 Rapport, 106. ~~ • 115. Minutes, Sth jesa., 134; 1926 Report, 45 ff. 116. Rapport, 85. 117. 1925 Report, 86, 118. 22. 119. 1925 Report, 3 1927 Report, 104-05. 120 Rapport, 44-46; iW'lbid., 88-, 190. 121. 1926 Report, 28; Minutes, 12 th ses-s., 99-41. 4. LABOR AND NATIVE WELFARE. A problem of great Importance hue arisen in connection with the labor policy to be followed in the territories under mandate. While natives must be protected from exploitation by Europeans, they must alao be guarded against their own laziness and improvidence. A middle ground must be found somewherea means of stimulating them to activity without resort to force. In the discussions which have taken place in the Commission, no solution of the problem has yet been found. Members have not bean unanimous concerning matters of detail though “they have agreed that native welfare must come first. Studies made by sir F. Luga rd and h d’Andrade clearly indicate the issues involved. In a memorandum submitted during the seventh session, sir F. Luga rd pointed out that trie natives of Africa had greatly decreased in numbers since their contact with European civilization. He raised the question of whether the sudden introduction of an industrial civilization and the consequent de* mand for native labor had not in some cased placed too heavy a burden on a population not yet accustomed to the new methods. Economic development, he said, might be divided into two categories: (1) Works undertaken by the Governments for administrative purposes} (2) Enterprises conducted by private capital. Both of these demanded native labor. The European system of fixed hours and consecutive work from day to day Imposed a novel strain on primitive tribes, causing many of them to succumb. The withdrawal of bodies of adult men from the native communities, generally unaccompanied by their women, tended to create an abnormal state of affairs and to break up their social life, especially since laborers on their return home were apt to disregard the tribal authority and restraints which they had previously respected. In order to diminish these dangers, it was desirable that recruiting of laborers should be strictly regulated and limitations set upon ■the number which be withdrawn from a village or tribe at any one time, that they should be medically examined before employments that conditions 1 of transport should not impose a strain too heavy for them to bear; that their food, housing, medical care, and hours and conditions of service should be of the bestj that when once the absolutely essential public works were completed, further developments should be strictly limited to the capacity of the people to undertake them without Involving either a decrease in population or a premature breakdown of tribal and social organisation. In order to prevent too great a pressure on the labor supply. Governments should postpone construction of non-essential public works wherever possible. Labor effort should be economised by introducing machinery. Terms of contracts should not be 00 long se to impair the health of laborers, or cause by their prolonged absence, the breakdown of tribal life. Die native must be regarded as something more than a mere the mandatoxy principle would not permit the utilitarian spirit to dominate. The special function of the Administration was to frame its * 122 policy not only for the ismediotw present but also for the future. ’lhe views of M. d 1 And rede were set forth in a note entitled interpretation of that part of Article Twenty-Two of the covenant which Relates to tiie Wll-Belng nd Development of the Peoples of jjandated Territories.* 3 Me declared that, under the terms of the Covenant, the well-being and development of the native populations should go aide by side. Article Twenty-Three of the Covenant provided that the members of the League should endeavor to secure and maintain fair and huaane conditions of labor for men, women, and children, both in their own countries and others to which their commercial and industtlal relations extended and should undertake to secure just treatment of the native inhabitants of territories under their control. It followed, therefore, that the mandatories were obliged to ensure the well-being and development, not only of the natives, but also of the Europeans within the mandateo—that was, the inhabitants within them. In the K A M territories, the amadsioriee were charged primarily with maintaining a just balance between the different elements of the population, leaving them a wide liberty of action within the limits act by the respective Administrations. The obligation imposed consisted principally in maintaining security and public order and ensuring perfect equality of rights and duties among the members of the community, encouraging local autonomy# guiding the peoples along the path of social and economic development in order that they be able as soon as possible to stand alone. In the *B 8 and *o° territories different conditions obtained. Their institutions were often rudimentary and their customs sonetimea cruel and inhuman, oven likely to load to the extermination of the race. Here real constructive work must be done and the mandatories should exercise actual tutelage, with very wide powers. They were entitled to impose their own system of administration so long a s they followed the provisions of the mandates. The interpretation of the term and development” must accord with varying conditions. Missionaries and philanthropists wore to be found in the territories who believed that ths natives must and their wants supplied! there were also men present who thought that tne native must work, regarded him as merely a tool for their use. It «as essential to keep a just mean between these two extreme views. The development of the territories required labor but the natives must not be over-burdened, portage should be gradually made to give way to railway and motor carriage; other labor-saving devices should be introduced. The native mat not be called upon to labor beyond his physical capacity. Ha mot be encouraged to work, otherwise, he can never be civilized. He mat learn that work io a law of nature, but only humane and just means should 123 be employed to teach him this lesson. Sir F. hugard, in a further exchange of views, agreed in part with the theories advanced by M. d*Andrade but found himself unable to accept then without reservation. Thus, he admitted that natives should work but th ought that thia should be brought about by education, using the tern in its broad sons©, rather than by force. Certainly, compulsory labor for private enterprises should not be allowed. He conceded that vagrancy was punished in European countries > but said that idleness was quite a different tiling. Usually punishment was rendered only when the person was a uoddie nt ox* was suspected of criminal intentions, fie agreed that *a balance must be maintained between 124 the potent la 11 ties of native labor and the ever-increasing demands upon it.* In a subsequent note, M. d*Andnd© said that he also believed that natives should be induced to work by means of education. Canpulsoxy labor for the benefit of private interests should be entirely forbidden. The problem of education, however, was the very gist of the matter. It would require generations to educate the natives to work. Iheir morel development and civilization could progress only with the economic development of the country. Meanwhile, the natives must not be allowed to live in idleness at the expense 125 of their women folk or of thoir more industrious fellows. Whatever be the divergence of opinion as to the best way to deal with the details of toe problem, the Commission hag insisted that labor regimes in the territories shall be organized with duo regard for native interests. During the sixth session, M. Orts enquired if the time had not case to ask the mandatory powers to maintain a just proportion between the rate at which the economic equipment and development of the mandated territories should proceed and the amount of work which might reasonably be required of the native populations. personally, when he noted th® intensive way in which certain tropical regions wore being exploited, he could not help feeling apprehensive. The vast programs of public works and the organization of large industries now under way implied at every turn a new and pressing appeal for native labor. There were races which were not prepared for the ordeal to which they wore being submitted by the sudden introduction of an industrial civilization. Mortality among natives in some of the territories was alarming. 3ir F. LugaH was also of the opinion that something should bo done to emphasize the necessity for protecting the native worker against the evils of tho industrial system. He referred especially to the waste of portage and suggested that use of biotor power be made for such purposes. a. d* Andrade agreed that > the natives should be protected from exploitation end that the economic development of the mandates should not be unduly pressed. y. Rappard noted that the native populations were diminishing in numbers. What was the cause? The Commission should devote itself to a study of the problem, to aid in checking this tendency. Hr. Grimshaw joined in stressing the need for preventing public I works from going forward too rapidly, declaring, "Ihe only criterion for any work of improvement should be whether it was likely to have the effect of damaging materially or morally the present population.... n An outstanding case involving the question of native welfare ana economic development arose in connection with the extensive program of improvements in Tanganyika. In the course of the sixth session, air F« Lugard, referring to the 1924 Report on the territory, noted that a large number of works had been sanctioned by the Administration. It had advocated the Increase of the area under coffee cultivation in Arusha, the dev el opmen t of the Southwestern Highlands, the construction of the Ngerangero-nyasa Railway 400 miles), the Moshi-127 Dodoma Ra limy (280 miles), with min and feeder roads. Sir Frederick asked whether the rapidity of the material development of the territory did not unduly burden the present generation of laborers. Ha pointed out that the Report stated that *&&& cannot rush the African native, and the rate of European settlement should not exceed the rate to which the African native is 128 able to enter into various forms of economic activity. H " in view of the paucity of the population and the devastation and loss of life caused by the War, was there not danger of the rate of development of Tanganyika being un- duly accelerated? Ur< Cmsby-Gore, the official representative replied that there was no intention to cariy out the whole of tho proposal in one year or two years, as it would put too great a strain on the labor supply. Much labor at present found its way by long marches, sometimes very wasteful of life, to Tanganyika, and there was a large migration ox labor to the settlements nearer the coast. He thought that the mbora-Hwansa Railway, also mentioned In tho Report, could be constructed at one® without embarrassment to the labor market, since there were over a million natives in this area. An appalling wastage of labor ms at present incurred by portage. practically all produce was carried by head to Ta bora because there were tse-tee fly belts between the productive area and the present railway and no anlml transport could be employed. Tho area in question was densely populated end highly productive and should be dove loped in order to stop tho spread of the tse-tse fly. The natives were very anxious to obtain the new railway and there would be no difficulty in securing "the necessary labor* Sir p* Lugurd said that the Ccmisslon was agreed that it was a good policy to construct railways in order to supersede head portage, but he thought that they should not be built simply for the purpose of encouraging white sett lenient and the development of new ereas for cotton and coffee plantation®. 11 Economic development was most necessary, but it met take a secondary place since it was dependent 129 on labor supply and the increase of the native population.* The oritielms of th® Tanganyika labor regime led the Govemnont to 150 make a careful survey of existing Ordo Brome in an official report called attention to the shortcomings of the local labor policy end suggested sweeping refoms. On the basis of ths suggestions made, th© of Tangosjyikn in 1926 created a babor Dopartnsent charged with inspecting plantations end other enterprii os ©ianloying labor. It is now conducting an motive to improve conditions, protecting the natives 152 against the evils with which they nave been Considerable attention haa been given to proviaiona found in sone territories requiring natives to work for themselves. During the seventh 155 session, arrangements in were closely e&aiained. ’ M. Van F.eea aakod the mndatary representative, ID Ilalewyck, if the recent ordinance regulating the matter did not give ncsidonta uiduo powere. Were their orders subject to previous advice of experts hi tropical agriculture? was the exploitation of natives prevented? M. said that the 154 Residents applied for competent advice before acting. ’ ’ In its report to the Council, the Remission called attention to the ordinance and asked for 153 more information. During the ninth session* M* Van K®eo noted that several powers followed the same policy; that it could readily be Justified in certain cases; and that, in consequence* he would not criticize it* provided it was oomotiblo with the terms of the mandate* a question which he 136 would reserve for the moment. x Hie question was again discussed by the Comiasion in a subsequent session. It transpired that the following provisions applied in Wnda-Urundij (1) By th© terms of ordinance Forty-Nine of December Jlst* 1925* promulgated to meet the menace of famine* the growing of manioc and other non-seasonnl crops had been imposed in addition to existing cultivation. (2) According to Ordinance Fifty-Two of March 24th* 1926* all natives inhabiting land within aiz kilometers of the main rood or three kilometers of the secondary roads were required to cultivate certain areas and sell the crops to the Administration to be used by porters. (>) Ordinance Fifty-Two of November 7th, 1924* already discussed, was adopted, not only to guard against famine but also to promote the growing of crops for export. The official representative* M. Halewyck* explained that the compulsory growing of for export had never been imposed in practice* and that the Slavery Convention recently adopted by the Administration would require amendments to the legislation. The measures to provent famino., however, were to be upheld lor they camo under the head of public safety. Ihe popula’ w tion mwt b© protected from the grave consequences of their own negligence and carelessness. Mr. Grimshaw agreed that measures to prevent famine were justified; however, the provision /or the growing of crops along the roads for the use of porters was unusual. Did not the obligation to sell the crops at certain prices fixed by the Administration give rise to dangers? The official representative replied that the measured adopted for tho maintenance of porters were a first class necessity in a country possessing no moans of cawiication and where f in consequence, portage ma indispensable. There were no 157 abuses arising in practice by the Government’s fixing of prices, ’ Ihas© explanations appeared tentatively satisfactory and no mention of the matter 138 was made in th© report to the Council. Ihe Comission, seemingly, has given its consent to fox'ced cultivation but has insisted that no excesses be allowed. It has accordingly reviewed the provisions of oevoral territories to assure itself that abuses do not exist. In Hew Guinea, the Administration exercioos compulsion to secure adequate cultivation of crops. The mandate ly representative, sir Joseph cook, has assured the Commission that earnest persuasion alone is resorted to. The ♦ natives are encouraged to cultivate vegetables and trio like for their own £ 159 140 consumption. ’ Japan stimulates the raising of sugar by granting subsidies, 141 a aysten which baa received trie endorsement of members of the oxnisoion. In Tanganyika, the Government advices the natives to allows them the classes of work suitable for them, and loaves them to determine what their 142 activity will bo. ’ Th© French in Togo land encourage production by means of agricultural and vocational education and by the organisation of mutual welfare societies in the schools. A spirit of cooperation and tririft among the natives is thus developed. They are encouraged to produce coffee, cocoa, and cotton on their own individual lands, a policy which has received the endorsement of the commission. Similar methods are used in the French Cameroons. A number of excellent Institutions have been established to encourage the economic development of the country—cooperative' societies, loan banks and the like. The principle of mutual assistance is being followed, 144 and this has received the commendation of the members of the Ccmisuion* The Commission has laid down no definite rules on tills point but it may bo reasonably implied hat it favors the encouragement of industrious habits among the natives, opposing undue force to compel them to labor,even for themselves. It insists that economic development is secondary to native welfare and that, the two mat go hand in hand, the natural physical limitations of the peoxilos under mandate mat always be clearly kept in mind. All tendencies to mke them more tools for Europeans who are anxious to exploit the country mot be avoided. On the whole, th© mndntory powers appear to follow this principle seriously, though it cannot by any means be said that 12ie Commission has completely attained its final objective. 122, “W*Se36 • 9 194—97 • 1 ¥c o a 205. During the first session, M. d* Andrade insisted that a”law of work* should be imposed in the mandated territories for, otherwise, the neoosaazy labor for their development would not bo available* He stated that European legislation considered that no one had the right to abstain fra® work and imprisoned vagabonds* Minutes, Ist Soso., 16. During the fifth session, he remarked, w lh© admini st r.>tlon ofa country having a native population could not recognize the of a native to remain idle, for it would be impossible for the territory by such means to develop and make progress* Minutes, sth sees*, I>7. 124. Ibld./fth seas., 206. 207. s'eas., 47-50. 127 • See Report, 62. 7 128. Uem., 45. 129* Sees., 124-25. An adverse account of the Tanganyika labor policy will be found in lb L* Buell’s The Native problem in Africa I, ff. X;n. S e ika Territory Colonial paper no. 19# passim. 152 • 1927' An ordinance leaned Nov. 7th, 1924, provided; 1. A oho quo indigdha adult® ct declarant dans un rayon de 9 km. dos postea adiLnlstratife, et 5 casque souc-chef de collinc, la plantation de dix arbrcc d’essence indigene ou de 5 euro* * con oholx; 2. A cheque chef de province, la plantation d’arbrae eur une superi'icie d hectare et la oration d’une culture de rapport, S non choir, our one sunerflcie d>m do;ai-hoctaro; 5» A cheque indigene adult® et la plantation de 3 area de manioc on 1926 st de 3 ares on 1927, le manioc pouvant etre romp la cd, dans Loa regions topropre® X la culture de cotte plant®, par la patate douce ou tout® autre plant® alimontaire aur le personnel 7th Beae«, 63. sess77^l^• £B a• ? ICS • 157. ' 'l2th"3 c 8 a., 187. ' ‘ .> X‘2. 159* Seas., 49. 140. see geoort, 55. 141. Minuteo, Sena., B>. 142. siKieximt of sir Donold minutes, 11th Sega., 7> t 77. 5. HEALTH OF NATIVE WORKERS The pro ■Section of native workers from the ravages of disease is an obligation which rests squarely upon the mndatory Admlnlst rat lais- Tn© Qommisalon has done much to bring home to them th© realisation of the importance of their teak and to jid in th® development of a sound and const motive policy. Tho question of the health of recruits has been before tie Commission constantly. The third report to the Council statedi ’-fee Qomission has noted wife much concern a mtof of references in the reports of this and the preceding years to the prejudicial effects upon fee health of workers which appear to be experienced when they are recruited in one area for employ »nt to another in which fee alimtic conditions appreciably differ. She Ccoiission feels that this mttor will the sympathetic 14s attention of fee mandatory powers and tho Administrations concerned. * To prevent fee spread of disease auong native- laborers,the Commission has consistently urged feat troy be periodically examined. 3ie or two will serve to Indicate tie nature of the discussions held on this question and the remits achieved. During fee ninth session, sir F» Luga rd noted that fee 1925 Report on Tong-anyiks stated timt Natives who go out to labor on contracts ax'® iwliaally examined, ii 1 possible... .* He asked if medical examinations should not invariably take place, Mr. jeott, the official representative, said that thia would be the ideal arrangement but feat, unfortunately, at present the medical staff was not sufficient to mice it possible to station European Medical Officers or even Indian sub-assistant surgecm at ovexy post, in feeir absence. It was arranged feat labs' way to es- f fetes should fe at the fircb place whore a jedical was sfetiomd. sir F. Lugard asked if legislation could not be enacted to fee effect feat no native feould be ployed unless he had a medical certificate. Mr. Scott stated feat this would be desirable but feat fee aovemiont intended to ensure fee examination of recruits wifeout such legal requirement. During tne eleventh session, Mr. Grimshaw called attention to the fact that due to the arrival of Chinese laborers, on epidemic had broken out in Nauru. this not due to the foot that the examination of laborers had taken place at Nauru and not at the embarkation, as was the ca&e in nearly all other parts of the world importing native labor? Sir Joseph cook, the official representative, explained that the native laborer v/aa examined twiceby the Company’s agent who engaged him and by the Government authorities at Hongkong. Obviously, the agent would select only those men fitted for work; no person afflicted with disease could leave for Naum. Disease .light, how*- ever, be contracted during the voyage. Hr. Grimshaw emphasized tho need for medical examination at the port of embarkation--it should bo determined there mother the laborers were fit for heavy work and free from contagious dis* ease, ig . out that thirty-seven persons had to be repatriated, rhich ms a vory large pci’centege of a total of 8/2 Chinese laborers ironed in 1926. He enquired about the Chinese quarters; what woe done to ensure their sanitary character? sir Joseph cook replied that tney were medically examined once a non th and ty the Adm nistrator at irregular t&a intervals. The Administration has acted upon the suggestions of the Comics ion and is now taking great care in the examination of labor re~ 149 omits. This solicitude of the has met with definite response from tho mandatory powers. All of them have aado serious efforts to provide medical examinations for workers and the insurance of satis- 150 factory coaditioua of labor- The Coraaioslan has, likewise, insisted that adequate medical staffs be provided to minister to tho needs of We laborers* Owing to th© difficulty o. th© mandatory powers securings able medical oo iatence in backus, this goal has n Bl full, | ined; nev '.css, considerable progress has be on node in the desired direction. During tic sixth session, tho Cotralssion noted that a shortage of doctors existed among ths laborers constructing milmys in the flNll D-croons* rimshaw pointed out that only one physician was employed the workers and that 151 there was a death rate of about eighty per one thou©?ad, “ “ there any nay \ .\ .prove Uio uodioal service? N. H 111 .'A Uie scarcity of doctors in Africa affected not only railways; their yeeruitinmt et the present time was very difficult. Jabers of the Comiosion suggested paying greater salaries to attract doctors to the territory, Mr. Grimshaw pointing out that in Nigeria, salaries amanted to fiw 500 to 700 pounds, double those in the French Oatieroons. M* Duoheno explained that it would be bapossible to advance the amounts paid without upsetting the entire budget of We territory. i4* declared Wat We mortality on the railways was appallV4s. Tnere was only ono doctor for c,3CO workers ?-nd the scale of salaries mde it difficult to secure acre. Di. Duchcme stated ttot •the f rench Government certainly wanted to follow the suggestions of the Cotard ss ion as far as possible and that it would stride to incx'case the • nmber of doctors. Sir p. hugard said that tie question was delicate but that many complaints had' been received concerning working c . He asked that the French make a thorough inveatigation with a view to remedy* a 152 Ing them. M. Duohene promised that this would bo done. ’ During its ninth session, the Como, lesion again discussed the condition of laborers employed in tlx® construction of trie railway, y. ."archaixd, the official rep resen tati va a said that tie health situation had lap roved considerably, the death rate being reduced to seventy-on® per thousand. Jr. Grimshaw thought that tlie rate woe still very high and asked the causa. U. explained that epidemics were common during the winy season and that the natives would have suffered had they reminod in their villa os. Ihe Chairmn noted that Mi® number on the medical staff had doefeaaod. g. yarchand acid that some had left cefore tli© end of their tors bee awe of illness* The Admlnietraticn, he declared, planned to draw more largely from the sohoola at Lyon and Marseilles. M. cP Andrade drew attention to criticism that there were fewer doctors in the Comeroons t|&n when the Qeiwns occupied the territory, m* Duchcno pointed out that the figures roitwing to the Qeiwn medical staff in I£l4 had applied to the whole Carsoroona, comprising that part of the territory now under British mandate find the whole zone attached to French Equatorial Africa. The Germans had difficulty securing doctors* M* arts emphasised the necessity for a full and permanent medical staff; in no other branch of the aervice wag a full staff of greater importance- The insistence of the ws ultimately regarded by the French Govemnent Increasing its staff, in there were eleven doctors in the territory; in sixteen; in 1924, twenty; in 1925, twenty-104 three; and in 1926, twenty-nine, ’ M. d’Andrade called attention to this'fact during the eleventh session pi the Commission, inquiring ii’ the doctors were really at work. k. Ducheno replied in the affixative, adding that, since the Report was prepared, new appointments had been e»de. °rhe observations node ty the pemment mandates Commission,” he stated, ”had led the of the territory to try 4 ■ IMR 03 far as possible, especially in regard to trie inoreawe in the number of doctors....A groat effort had boon made and iho results achieved be regarded as very considerable.” M. d 1 Andrade then aeugratuluted the Administration upon the progress which had resulted, lie pointed out, however, •that tho proportion of deaths was still great. U. buchcno said that, all things considered, the number of dearie was not uUionixil; improve. wore being made to meet the wishes of the Ccmaission, the medical staff of the 155 railway being considerably increased. A striking illustration 01 the value of the services random! by the is found hi Ito investigation, during its fourth 0032i0n, uf conditions in tne mines of South-West Africa. In reviewing the Report on th© territory, members learned thd trier© wo a very heavy mortality rate among the workers at luderitt;, mny deaths resulting from pneumonia, puLaon-156 ary tuborculoalH and influenza. Mr. Hoimoyr, th© official representative, waa asked what was being done to relieve this situation. He stated that tho figures given in the Report were inexact; nevertheless, he had instructed the Medical Officer to make the health regulations more severe. All possible measures would be taken to prevent Uijncueaoaiy suffering among the natives, the ovaaboa, who wore dying very rapidly. 3 The fourth report to tho council otr-ted that n lho Commission was struck by the statistics regarding tho mortality of workers in tho diamond As the representative of the mandatory power infomed the that these figures were inaccurate, it would be glad to possess more reliable information on the subject. It is particularly anxious to know tho exact number and the causes of these deaths. If, as appears to be tao case, the mortality among workers in diamond mines is .above the normal, the Coaxaiscion is inclined to think that it is duo to the fact tant tie Qvambos, from among whom taese laborers are recruited, cannot stand the climate of the mining districts, it will be interested to receive the more detailed information an this subject which the representative of tae mandatory power has undertaken to furnish. n Hio 159 infosmtion hi the next Report did not reassure tho Comisaion. " Hr. Grimshaw pointed out that the mortality figures wore the highest that had so for been encountered hi any laandated territory, one-half of -she den the being among natives belonging to the Ovamuo tribe. yr. auit, tho official representative, said that because of the aoreity of labor, natives entirely uneui ted for the wozk had been employed. Hila fact had boon to the attention of the Adahiietration and strict regulations had boon issued to protect them. He said that it had been the experience in south Africa when a tribe aero first engaged in an industry and until they became acclim- Used to the new couditlous tai tai made ihmselven with ordinary precautionary measures, mortality was invariably higr. Van ’lees asked if the natives were medically examined before being cent to the mines. Mr. Sndlt replied in the affimative, but said that ,ivd\>rtunately, sufficient care had not been taken in tho oxcralmtims. Mr. Grimshaw recalled that last year the official report had eaid that the recruit) ®nt of Ovmbos would cease. The present Report amed that they were still employed but that new had been nude respecting quarters and diet. Ho colled attention to'the fact that the Government of SoutlWeat Africa ms directly interested in the nines. During the last twenty-one months it had receded from then over 500,000 ponds, more than half its total revenue far the period, 'pone-half million pomds was the product of the * * iMt or %000 native laborers, practically one-half of whom were these uifwtumta Ovambos. He that ho me not overstating the case by saying that this 500,000 pounds was hardly earned with a death rate of 110 per 1,000 and he that the Administration could afford to spend much more money, thought and consideration upon native welfare hi the region. In its report to the Council, the Ccmninslon stateds tt Durlng its fourtii session, th© attention of th® Oodmlesicn was drsm to the health of tie laborers In the diamond riinea at Ludorlt?:. The couiUoslon appreciates the efforts made with a view to reducing the of deaths and the caeee of illness of workers in this industry, ihe latest show, tawer, that tie mortality rate io still extremely particularly among tie worhors who are natives of Ovamboland. The accredited representative has assured the comtaslon that thio question continues to occupy the serious attention of the mandatory power. R O 1 The efforts of the Commission to iqpyove oOiiditions soon bow fruit. During the twmty-ninth cession of the Qove mi Jig Body of th© International Labor Office, log tor A. J. Oronstein, representing gouth African ermloyees, made a atatona.it, duly committed to the Comien.tm, concerning th© problem. Ho explained that the Administration of SouMWest Africa and the nine owners had been struck with the unusually mortality among the natives in the diamond mlnos and concluded that Rorsethlng nisi bo done. They, -therefore, had asked Doctor oronatein to investigate the situation and device some means of lowering the mortality rate. He found that deaths amounted to 120 per 1,000 per annua. The diamond fields were not mines in the true eense. The stones were collected on the seashore, in the desert along the sand dunes, where tie la borers wore exponod to tremendous wind velocity and great changes of temperature. natives at work became overheated and took off their clothings then winds blew up, causing them to chill. This ms the cause of nunerous cases of lueg infection. The Qovemnient had imedlate&y introduced remedial measures 162 which had proved ouceosaful. During th© seventh session, Mr. Grimshaw called attention to the report of Doctor Orenstein. de w. b favorably impressed that the .mortality rate of 120 in 1p24 had been reduced Li 1925 to thirty. H@ suggested, and it was agreed, Wat the statement of Doctor cranotoln by circulated among oeabers of the Comics ion placed in its Imtes ns evidence of the value of its noik and as a tribute to the Government of DouW "frloa Wish ' had ao succeo.?fully dealt with the matter. ' ’ During the ninth session, tm-164 bora of Wo took occasion to We ration, We report to Wo oounoil stating,Coegaisaion notes with satisfaction th® results of action by the of South-Kost Africa in order to Improve th* conditions of VKsrkwrs in the mining caeps, especially th® medical service, it will follow vAth Interest the further steps which it is pro-165 nooed to take in thia tter.” stio latest inform tian received niows that 166 the deutli rate in -the mines has been reduced to twenty-four per 1,000.. f 6th Sosa., 26-28, 1/4. 144. 1924 napport, 45-4/; lEutGs, 9th 3eos., 89. 1 Luuts□. 9 1 99• 146 • 3ee p< 9th sess*> 143. -inutcc, 11th 3eso., £ 1-22. Report, 17-26. "IBS. I^2sAfrica, 62; IKjO£t on th© Japanese islands. 111 -14: Report on New Guinea, Report on Nauru, U■- 1 1$ 6•■; . ort on .. rfem to®, 4; 196$ Sjrundl, soj 192$ Report on fanjunyika, 21; 192$ Rapport on French Tog©land, 73 192$ French Cameroomh 11; Report on British Tog© land, s2j Report bn the British Cameroons, 51-3#;" sec also 1924 Report on 7O-97; 192$ Report on Palestine, 26-$0; 1926 Rapport on Syria, 89- 97 < 131. See 1924 Rapport, 79-30 112. Uinutpy ucos., The Commission asked to be kept constantly xrfully infonaed of the stops contemplated or actually taken for developing the service of the territory 3 Idea., 1/5. ” 75J7 T'th seos-7 154. 27. 155. seen., 2>*so; 1925 a&pport, 5 ff., 50 ff. 156. wa. 10 * Ui?. 159• See ReporTTTJ"^• 161. Idem. * 173. “YGE. The Tollowing iablowas submitted by Dr. Qrenstoinm,showing lme provements whieh resulted: 1 . : : : : ' Jusber guployed iatig r PSR L Y - Qwa mw -~Total | Qva DG Eha _ : Jedempry 1,206 5,714 - . - Mereh , 1,248 = 8,260 4 . 2 April ‘ 1,881 54346 o 8 g ey Mey 1,168 - 5,268 ; 2 17 ; - June : 1,16 DO6 7 . B 3 2 e - July 1;& -~ 8,678 6 w2B fi“ ; : suguat 1,524 6,19 | 5 »j). . .. B "ovambos® are noilves of South-West mandoted tevvitory. The re= mainder of the employees are largely reeruited from other parts of gouth Africa, 4 : mifl. Way is ug bm of the cold season. The zfims.w wi@flé g 18 season. Ine large inereacse here is, however, SUe to introduction of mmitham enteric fever by laborers mi;& MS& S&W i~ stand 1% is now controlled. iinutes, 7th Sess., Méah7, . AfFioe. I undere 6. PUBLIC HEALTH Associated closely with the welfare of native peoples is the question of public health. nothing demndo greater consideration; in no better way can the civilising aiscion of Wo mandatory powers be exercised properly than in improving the of the ignorant and diseased populations of W Africa and Aota placed under Weir care. The ;ked for fall information, vhich has been freely given, enabling it to pursue its work 168 effectively* ' Une of the greatest services which the Canr<ssian has perfonned has boon that of diagnosing the nature and extent of the ills af* fileting the peoples under mndate. It has drawn attention in n vorj* iqprossive way to tie fact that native populations er© dying off rapidly- To cite a single instance, swibers of the Oomlasicti noted diilng the ninth cession t the death rate in Hew Guinea in 1925 had increased to per 1,000. Enquiiy was nsade cawenihig the cause. Captain Carrodus, the official ropmiontative, pointed out that ths adniniotration had boon studying tlxo diet problem 169 and that methods would be devised, if possible, to rerasdy existing conditions. Hie 1925-S6 Deport on Hew Guinea stated? Investigations in these small areas reveal a marked dowrmrd tendency of the populations in saae # indeedthere in n Indication feet we are menaced nt an earl;/ date with fee extinction of these mo la I rnmto. Ihe causes are nhioat always the sane and my be sold to have originated in pant decades in? I, over-alienation of native land for plantation purposes? 2o Louver food supplies from (a) the exhaustion of fee giwiid; (b) tii© introduction of pests? (o) the de and frori utatlons for native foods at the expense of native atookaj (d) fee iendsney of tho native to rico rather thm to plant food) J 7O p. Abortion and infanticide* In a discussion which took, place during the eleventh session, h. d f Andrade insisted that the mandatory should continue to watch this state of affairs. Hie official representative replied that the chief problem ws to keen the natives alive and to teach than to grow food. They wera very low on the stage of and the Administration woe doing all poesiblc to aid 171 them. The problea confronted in this territory is cuawn throughout Africa. The Cocnissian has frequently miinded th® mndatory powers of the 172 obligations which ihey ot?e to the natives in the ajattor. Ribera of the Cotiiieslon have noted that Hie as in question la one of adequate food supply and liavo urged Hie aandatoriee to pronote cultivation of ecsentisl food products, iho situation ms clearly by y. Merlin when he marked that All th© African populations were underfed. Tie re wera seveml reasons for this. First# the native loved idleness and in many cases feared even the effort necussary in order to obtain adequate food, no practised tti© doctrine of the philosophers who held that it was preferable to restrict om*e needs rather than / them. m those aimimstuneas, the native mde lees and leno effort to work, and hie result of tils was that the land became lose productive, m this connection, very curious experiments had been made. m ejerocoo, marshal lyeutey had himself noted that even a mother nho was feeding her child had habituated it to mderfeedlngi tie milk of a native nurse was less rich than the milk of a Air op on n nurse# The child fro& its infancy was acoustaaed to being underfed- native children were often chubby, but their flesh was quite soft. Ties© children had not the muscular development of a well-nourished European child. /mother cause of underfeedhig was the fact that, dion tho Europeans arrived in Africa, the various districts had been sub* a cot to numerous raids on the part of native chiefs. Tao native had, therefore, formed the habit of producing what was strictly noceeuazy for his personal roquirenents# Xt wan of no .lute root to uin to produce more than he required as the surplus me immediately confiscated by the chiefs or pillaged. ’Hie consoquonoo of this restriction of production, whether due to idleness or the fear of raids, had bom, and still was# that the native In Africa was underfed. it wo only under the influence of Biropen colonisation that their standard of living rose. The arrival of civilisation and the conditions of life whish it imposed upon the native wero xwt the cause of hie Ear Iran it. Ihrcugh aentaet with civilisation he became accustomed to a higher standaid of living# both ns regarded the qixantity and quality ci the food given him, either in th© various enterprises to toich he was alloyed or aloe too re. ‘notoer chaxuctortotio fact be mentioned regarding natives rocrutted by France for her troops. this countiy possessed crulttog standards aiailar to tooec of all reorulbtog powers of a European type. At the time of certain na« tlvcs did not roach toe required standard, in a number of cases they were, however, passed into the artsy and three ontos later they exceeded to a marked degree the required atemdard owing to the fact that they received plenty of good food. LU could assure toe .iwbera of the toot under-nourtohtwit was a gomara! pheno-wion thrjughout /ifrlea, and as sudi had existed before arrival of toe whites. It me due to native habits and native ways of life, position of toe native had continuously imprwed contact with civilisation. *2l© civilising action of Europeans could not but contribute to raising their standard of living and toeir physique. *75 Acting on We reoaaaendattaw of the Corjoieaion, the powers have taken at©; a to 1 crease production. They nave attacked the problem of food supply by encouraging production by Wo natives. She duinictmtion of Kcw Guinea* foresample, attests to persuade the natives to cultivate the soil, Ing bounties for surplus products purpose. Dietetic tables havs been dr:m up ord substitutes have bean found for polished rice which 174 is We cause of ruah illness. Agricultural development Is otkulated in all of the colonies and it is reasonable to expect that the problem of undar-nauriahuieixti will become loos aerials as the territories become mor© 173 and more pro .reaaivo and selfHsupporting. Attention lw been directed to certain scourges which arc of peculiar daggers Img the worst of these aro venereal diseases.. / exist to alam» tog extent and are responsible to great ucasurc for toe falling off of popie* latten. In its third report to the Council, the expressed grave apprdiensions, stating, ®Jn ewxlning aev-ral of the reports on HlO administration of mandated areas for the lost year, the pewinant anndates Qoinalealan has boon stxwk wi’Ui th® prevnlenoe and apparent inerts© of venereal dieeases nxuig the native population®» ’Sie Cemission is of the opinion that this oerious question.iJ worthy of the particular attention of *Uho w-ndatory powers. It would, it believes, be iuitually helpful if the mandatory powers, in. their future report®, could give the fulloat possible infer, at ion on the incidence of venereal diseases in the various territories confided to their oar®, and 176 on the r-joueme tahon to combat this evil.® ' " itiile oil of th© have taken groat precaution®, the diseases eontinue to the most deterged efforts. One difficulty has been that of getting the natives to centime their tiwlaont. Ibus, the Report °/My natives present for treat iont ’for syphilis}., but camot be per-17? auaded to continue bo attend until they properly cured,® Sir F. Lu* gard ackod Wo mandatory representative, Mr. if it not advisable to co ipel natives by law to remin under treatment until their cur© wae coop lots, flic latter eaid that as com as the outward signs of venereal diccesos had disappeared, the natives Mlievoi thermlveo cured ml it woo not possible to persuade them to continue troatuents. ihlo was the case in scat countrlw himself had observed it In the West Tidioo, 3aa. ficksoll thought that it might be passible to require treatments as vac done in Sweden. Mr. Oiwhy-Gora promised to take note of the suggestion, sir Frederick rslaaiked that tae deport spoke of venereal diseases being conveyed by itinerant 178 native traders* hould it not be possible to suh-ut those traders to a medical esouaiaPtion before giving them licenses? nr. promised 179 taat this suggestion would receive the attention of Ute Administration. In Ito report to -the Council# trie Comissicn atatods ”lhe ccxiiasion io greatly concerned at the extent to which public health is endangered by venereal disease. It will bo interested to learn mat action has been taken .... .. t. ...... A t’.G ..-.J/.-..::- ./ ./ datory power has agreed to forward to his Govemuent—-reg ruing measures to ensure the detention of patients until recovered and 180 for the sanitary hwpectlqn of itinerant tiadors» n ihe Tanganyilsa Re- ports i.idicate thX jxreCul laeasuree are being tikmi to treat the diseases by travelling elinios. f n Imxwslng number ox' cases are dealt wiui each yearj some success is being adilevod in tho campaign on uiis deathly 181 plagw. In the British Cawroons, on® person in five is with uo; e 182 venereal disuse.. £urk& the fifth a-easion, .-wkiy ox tae Quxiission expressed concern over the situation, M. d* Andrade oaring hit were not poa□it la to paaa legislation to restrain the movement of prostitutes. Mr. yewlands, the ofliolAl representative, said that while the uisouaes wre vexy prevalent in certain parts of the county, he did not that any affective legislative step a could be taken. 11. d* Andrade pointed out diet much infant aortality wis due to venereal dieeaoei he urged that the Comission ion officially call attention to the -dangers involved. 'ln its report bo -die Council, the Comisaion statedt She Commission met draw attention to the unsatisfactory condition of public health in the territory# and in particular to the serious nature of the venereal danger. Ja view of ta© snail number of medical practitioners employed in the territory and of the difficulties which appear to be experienced in recruiting them in Great Britain, tho Oomission suggests (an it did when oxamin* ing the report on th© Bel tian i>ndate) that tho mandatoiy power should consider tlx® possibility of offering posts to medical practitioners who are nationals of other countries if it cannot supply them itself. 'Hi© Commission notes that the spread of von®root dlseace appears to be du© in part to itinerant traders. Ih© Cornisaion culls attention, as it did when last exnrainiqg tho report on th© Administration of ‘lunganyika, to the desirability of licensing these traders and of making the license conditional upon their obtaining a med leal Although the Adsdnietration did not adopt this suggestion, largely because of the difficulty of defining traders; the 1924 Report indicated a marked improvement in local health conditions. Routine treatments were being given to all applying for them, but the usual trouble of getting the patients to complete the course of treatant existed. Village dispenseries were instituted which medical aid more directly to tho natives* tie Report noted the problem of controlling professional proatitutoo Who went before the workers to th© camps, spreading infection* Ihe only method of dealing with them would bo to register and examine them periodically, a practice which would not bo tolerated ly the British Colony, Iho solution appeared to bo that of gradually raising the morals against such practices. The missionaries and touchers were already doing meh good work in this regard* The pedicel Officer was giving lectures on trie subject from the standpoint of public health and a healthier public opinion was developing among the na-18S tivea. ’Hie 1923 Report indicates that there has been none improvement in the matter of prostitution j although it still remains in the district# a different attitude of the native mind is mnifest toward it* dome of the chiefs have stopped the migration of thoir women to the industrial arene 186 and thio has brought some relief. The problem has, however# by no means been solved* Not only has the Caamiecion drevm attention to the dangers which threaten native populations, it has also insisted that adequate medical staffs bo assigned to all countries under mndate in order that serious diseases cun be effectively combatted. Thus, during tl» fifth session, it was pointed out that the staff in British Togo land wa inadequate. The Chairman, who sumariaed the opinions of his col leagues, said that l-the number of doctors was insufficient, ©specially in view of the child mortality. The presence of woman doctors was desirable, There were both general and local reasons for paying greater attention to public health. Mot only were there epidemics, but there were diseases duo to the climate end mortality was very high. A more detailed budget would have enabled tlx© Qcmisslcn to appreciate more fully the notion token by the mandatory power J 88 in thia respect.” ' In response to thia oritioian, to© mandatory representative told the commission during the sixth session that toe Adminietratian was con to. plating the establishment of a bettor staff. m. d’Andrade called attention to the sßeriouaness of venereal diseases and urged the man* 189 datory power to inoreaso its staff ao aoon as possible. Th© Comission in its report to the council asked for more information aa to tie stops toich were being taken hi this matter. Tjater reports indicate that th© British have acted u>on the advice of tho cemiasien in training and maintainlng a larger staff, They give assurance that an adequate corps of 190 doctors is now regularly et?ployod. The same problm arose in Ruanda- Urundi. During tho fourth session, th© Chairman pointed uut that there were only four doctors to aerve a population of five nilllon Inhabitants. H. Halewyok, tho official representative, recognized toat too number of doctors ms smll but explainod this condition by saying toat too Belgian Universities had boon cloeed during the .Br. Ihey had been reopened and a new generation of doctors would be ready aoon. The Coxigo also hud suffered from too same cause. Ifiere mat be no illusions about to© matters in Rwnda-Urundi tho number of European doctors would a toys be ohort of requirements and native assistants must be depended upon. A school had been established to train them but thia would require th«e. Sir F. hugard asked if the Belgian Government could not appeal to foreign countries for doctors, particularly to those oountrlen having no mends teg. M« H&lewyck replied that such an 191 appeal had been raade but without any great oucoeaa. The fourth report to til© Council stated: ”Iho Cormisaion was surprised to loam that the medical care of a population of about five million natives is undertaken by only tawr rwm doctors, ihe comlaaion hopes that, if th® unfortunate effects of the temporary shorts & of young Belgian doctors are likely to continue, the mndatoiy power will make it possible for practitioners of other then Belgian nationalities to accept tied leal appointments in the ter* ritory under Belgian mandate . n ihe matter was discueaed further in the seventh session. Although the number of doctors had boon increased from four to eight, x ‘ thio was apparently 100 email a force for a territory 00 populous arid extensive as |Mmia*Urundl. & Halewyck sold that it would bo impossible to supply an adequate European staff. Therefore, the efforts of the Administration were being ©entered upon the of a mtiv© modioal eeeistanl corps, fho number of native assistants wan being incroaned. Hedical missionaries were being utilised, Lately, rhon tae Government of Belgium advertised for doctors, in pursuance of the Comiasion’s suggestion, fourteen Italians had enlisted in the Destitute of Tropical Medicine at Brussel® with a. view to taking up practice in UMP territory. Belgium ma also inereasing its expenditures on sanitation, a step whieh the Ccmieelon 194 emphatic oily reoamwmded. The c omission has diseuseed th© eaaie question in ite relation to other territories, During its fifth session, criticism 195 was directed at the small corps of doctors in the British Cnmoroom, and the situation was improved the following year by plantation owners import-196 lag their omi doctors. Ihe staff in the French Cameroon®, owing to the persistence of the Qomieaion in dMtnding reform, has boon incroesod and medical sork extended. Likewise, Hie medical corps in French Togo land 198 has bem improved. * Added expenditurea have Mon <ndc in natives being trained and employed extensively as ooolatantG. Hie European IB etaff has likewise been placed on a ore pemanent tocio. Hie staff of 200 SoutiWoet Africa ms found to be Inadequate during the fourth session, and at the suggestion of trie comißsion, the Administration Increased its 201 202 A model health organisation lias been built up in Hew Guinea, Adequate etaxfo are found in th© islands under Japan, and in Western Samoa, where npccialiato have been studying tropical diseases, especially 204 leprosy. ’ ' Progress is being mde in I>uru toward tao ellnimtion of ”''■7 leprosy. An adequate staff is maintained/" *“ health conditions hi the •A* 236 mandates have given rise to little or it io lam by the CorMsclon. ' In its control of health conditions, the Ccmission has dealt with a number of other matters. Ohua, it has insisted that hospital aoco i.iodQtlons 207 be adequate for the natives, a request which has generally been rospoctedi 203 it has insisted that the health budget be adopted to the needs of the country? “ * . 209 it has ensairagod the teaching of sanitation by medical officers! it has the need for hours of inspection to cure natives afflicted with 210 disence and to arrest its spmid? '' it has oncouragod the setablishmnt of oolfcre centers for Uxe purpose of reducing child wrtality? ‘ it has endorood We efforts of mndatory powers to expand their medical staffs by using tribal assistants and dreaeem. A review v: the latest reports carries the conviction that, in general, the mandatories are following an enlightened and beneficial health policy In their respective territories* HovcrWeleso, 215 there remlna much for them to eccomplidi in matters of detail. i&4. 57. *gort shows that the Administer. Him • i Ju I going housing coTMHons, hospital diet, medical services, clothing and the like. v see 1925 Re.; rt, JlM®* 166. Minutes, 11th Dobg., 97? 1927 Reoor^Z^J * 167. soT maorrndum by Z wMSUe» srd Sees., 297-305. 168. 3©e section XXV of the questionnaire for Syria; sectim WII of the quostiomaira for Palestine; and section XX of the questionnaire for the and *c R territorieo. x 169* minutes, 9th yesc., £8; Deport, 19*21, indicates that the nendalory was taking steps hi thio difcotlon. 170. se® p. 27. —urr* 172. 30SG., Wi; Ibid. t sth Sees., 26-27 J Ide, i. 9 >2; Ibid., 11th ScssT7 ’tbC>s6. 9O. • 174. £ 8 - । ITS. Hee XV, Section 7. 176 . 3000*7 511. 177» UeT’iK 45» p- 1/9- 4th 2033., 180. Jquiwl No. 10, 1410. 181- 1926 Ibid., 26i 1927 Ibid., 06. 182. 1929 Report > 29- ' 13>, Minuted, □ess., 9>*4O. lu4. iHhutea, Sth dess., 191. —wrwwTW: 186. see p7®7" 187* see 1926 Report, 80; 1987 Ibid., 74; the Co mission has been obliged to deal with these "problems on a number of ether occasions. See Minutea, 4th sesso 92~95> Ibid.# Sth 3esa., 16, 26-27, 9>96, W. It has succeeded in concentrating the efforts of the mandatory powers on attacking the diseases which -threaten to wipe out the larger part of the African population. Attention ha 3, likewise# been called to tropical diseases of serious character and the mandatories urged to provide suitable remedies if possible. Thus, discussions have bean held concerning the ravages of the tse-tse fly which takes a tremendous toll of life in tropical Africa. Measures are being taken to ©tamp out such serious ailments as the yew# ankyylostomiasis# elephant io sic, malaria# smallpox, end leprosy. Of. Idem., 146; Ibid*, 6th Secs., 129; Ibid., 11th Sees., 24, 52-Dp, 65, 82, 205* 189. Seso., ua-i>* 190. mn. , 10th Soso*, 115**1C; Xbid. , 12oh goes., Repgrt, p 9 ff. During the "Tsth session, th© Commission ogain urged an increase in th© sine of the staff and th© Adminiatration responded to this request, alnutea, 12th Seas., 201; If 2? Report, » ff. 192< of Helal Journal Mo. 10, 1406. 195 • Rapport, 15*^4'.'''" 194. Minutes, Sees., 71-/2; th© amount expended on public health increased from fmnc B in 1924 to 1,656,202.5* fronos in 1925. •*. .taff > MB a l 8o enlarged. 1926 Rapport, 71. x x wos aiso — 'deos- j 26-27# 191. 196. Ibid., B@es», G has not been ooipletoly sotiafWlTOi tie progress mode; Ibid, , 10th 3ese», 105; Ibid,, 12th seas.,Bl-85* 197* Ibid*, 11th Bese., 2>50.~*“ Is 6» 9th Seas*# 218; 9 11th Seos,, 58. During 1927 the number of doctons from 1/ to Ibid., 15th Sgbb., 87* W* Ibid., 11th Boos*, 82, 205; jHd*> Sew., 140. 200. TEH., 4th soon., 122, 201. Hth 3ess,, 105. 202. "Mu Sth Scss., 158, .Ibid., 6th Sees., 91; Ibid., 9th Soss,, 21, 50-51; 1226 deport, 19-21. 20>» Minutes, 781 "sesa., 85* 204. 205. TOT,, 11th secs,, 24. 206. As to pslestia®, see Ibid., Sth Seas., 57; Ibid., 7th Sees., 215; Ibid., 9th sess., 178* As to Syria, boo Ibid., Sth Sess., Up; Ibid., 11th 115-56; Ibid., 15th Soas., 159, 180'? £27; As to Iraq, goo "ibid., 10th Sess«,67-68; Ibid., iWThoca., 51-52# 200. 208* 209 • "TSTc.. -stn geso • a J 210. Ibid. 9 4th sees., 122. 211. TEH., 9th sass., 178. 212. W., 11 th Bese., 205. 21> IW7 yport on Iraq, 80 ff? 1927 Report on Palestine, 41 ffj 1927 Rapport on ff 3 1927 Rapport on French Togo land, pO ff? 1927 on We "French Cameroon©, 22 fff Report on British Togoland, 55 V^f 3 Report on the British room, 69 napport on Ruanda-gmidi, 71 ffj on Tanganyika, 54 ff> 1927 Report" on 3outn-r/est Africa, 100 ffj Report on Now Guinea, 40 ff; Report on the Japanese Mandates, 155 ffj IjW report on Nauru, 17 ff; 1927 Wpori on Eastern sama, 4, 15, 47. CHAPTER VIII ALCOHOL, MUNITIONS, AND MILITARY CLAUSES 1. INTERPRETING LIQUOR CLAUSES OF THE MANDATES ■f ""' c-':- acA'cl q? 3a no/a’o 7 eao va and -■ naal evil sot dpm teu tae tatte la IMMl( Mo culte s . lee tUm to the MMoH regime of the w rid the destraction M> MM • MmiMkib of < the trade 9NW MM ths Wlln cmfemm M it M m MMM oatim on the miter. firmele Mb InoarforotM olahorata MM* It MB allied to a mm wMMisg lib Utt Mdth M the Afrism MMr dogram to IMMb the- wlthla WO mrim Mlee M the ishore. ulthto them regtmo ohero Ml tm M oplrltu* ©no did mt MMb mmfsoMm aM hm fortiddm r • av . •■ • *;>, ‘ ' , . ■ , ’ ' <’ to mMM aM eMao duttao at def ta&d raMk Ibt fMM*B ttMMMWB MM was at St* MM • l ■ o Wr WW$ lM re>MM Mi MMW treaties# X Mbl MMMMI to W MMM emtrol of tiw MMMF MMI throMM all Of MMh ttMMb MMbb MM>» MR» M MM it MM aM to tMMI* WMI ttHM WO Metal MM of tai OM of all Mhlßs a « sell as bwawge# snlmd with the© and bm©gn whining Mia and dheMoal products recognised as Injwlmß to health# Ml In the arms W© use of spirltwis !!s»© has not bam developed* their Ml faoture# and iMMMUM am fiMMMs MN|* m to limited quantities lupHed for the of nemmtlm©« Distilled bwsragm Imported are subject to a of not Ism Wet 800 fmma par hectolltm ff pure aMhol or, la W ease c< We Italian Us f BMMh M . ‘ . • ■ .. - \ O. ..< ~^,d is fertlddm* pro via ism de Mi to lapartotiom fw ©edlotnal pur* pMM« stills 'WI other dlstlllatlm he . Wt mder ea>* dittaa to prevent Weir mo for We mmfwtyre of berawgett a MWal SWMBttart tfftl* under Wo mnorvlslon of the of mtMB is provided to eolleet infomatlon m the We emtinotWg parties -' r - • > J v~u on omml report fM&iB th> quantity of liquor msMsetwred 5 or and th© duties lovlM. Article of 188 bMWbb 188 liquor Waffle as Ml of the to Bo prohibited in the WxlMlß the draft malates for sueh territories declare fee Mill MMBSB a R at Met omtroF A aver *the sale of spirituous liquors* e 3w Mandates state that "fee intoxicating spirits and beverages to the mitres Will be prohibit* 5 It is evident that these prose- B are Wp general in their phraseology* One of the most laborious and difficult taMi performed by the CowMoaim has been BM of defining th® provisions and assuring their by 6 the sendutory peMra. x'-* . ..-■/ ( , v wMrabM only by the steps «tdeb Bn Camion lan has tnhm in rospooi to tIW4« Iha flrot serious ottmilm we given to the question of defining the liquor clfiumo of the MMH during the third session* adv . • Luga rd * acting as a rapporteur# vraftod a smoMus M *BN Liquor Mft* in id doted Terrltorl >ct forth the MM MN i £• jo noted that asm persona mints imd that the tom *IM* traffic® included MN sal® of MIMMBM M*M all Mnd©| home# that the cwamt legeMl to* Ml MIMn of Bn Mbl of IntMBMB to Mn aWN In undated territories. w thought# hewvet# that if this het been the intent tlm of the iMB of Article TMity*W©# tiw would MN expressed it in M ambiguous phraseology than they employed, The tem f? liquor troffle n Ml in Mat Africa nlmy® borne the ©f 0 of distilled spirit® for sale or barter to the MMMI «• rtlolc < and thia aao some in the tern b® Interpreted in the mn* datasr* Hw foisting, ©rgwrnts wart support this MN* (I) Article Mi summed only Mtii the N&MMnI natiresi It Ml Mt prescribe Un |MM Mb should IB *M MMI MMMNB» M M* MMMMHMb MM Ml M*M the MbMMB M WM Ml pro* slud* IM sale M spirits to edwated MtMMt OMI M Bn omn pWw soelal MNOpMt as the impeam* (J) thO was the in* tantien of Bn f of the cwemnl appeared f rom the term used In the Treaty of 3t« Garmin# signed by all the Mlles at the MN once and prior to tha date on ohlch tho Covenant bsmme operative. Article Four oi toe Treaty illomd too Irsortotton of o lirito oven rones of total prdiiblUai for use of iwn~m tires* (4) Hao toM of toe mndotoo referred not to but to too traffic in liquor. Jiay required strict control over IMwaale Irito Ml prohibited th® supply if iiltetfo*l tut liquors and beverages to the natives. sir F* lizard suggested that too tern n liquor traffic® should be defined no an lo or barter to tio natives of distilled spirit® on on article of trado* This could not preclude total prohibition • ♦ if a mandatory preferred to adopt that course. too *(/ mandates prohibited too oopply of "intoxicating beverage a * to the natives. Yot there ©as no corner of Africa chore toe manufacture of formated beverages use unkotm# mother mde from grain# toMM* honey# too sop of various palm# or green cocoanut.* My persons familiar witotoc condition® assorted that- the evil 3 due to the one of Wm IntoMmnta MB greater tM <w ehith resulted from the Importation of trade spirits. iMhl vll lago© wre dmdt for days# and alcohol -ao often given to Infants. howwer tojuriouo thia be# it could not to imludod in tom tt ltoior traffic.* Uhan the oooaelon to aM Artlelc should sir F» lugs rd that ho ahuuld prefer to nubatitoto for too cords tt abunco as toe liquor traf* fla# R tlio cordo *prchlbitlan of too sale of spirituous llquoro a© an article -f trade Mth too sotlvoe# and too control of the uee of all totoxlcoting MMBgiih* mn [iloiiarj- oirrjoi* MB iJBMMB HB welfare of Ml people hod upm it the duty of the M MNb aale# and eGmmptton of mtive-mde fermented intoxieonto. Thia could bo done only aftor administration had become offootire and had spread over too territories ccmeerned* certain euggoetton© mre offered to ollmi- note otmect (1) The prohibition of sale,ocopt ty Itonosi (; ) Tie pro* hibltto of :»mfocturo for sole, except by llwmsoj (?) Tao . reduction of certain olnaocc of pals trees} (4) The report of £ml«a rulers to arcoc yhor© intoxicants wore prohibited by religion? (-5) Tie anmuxxigetmt of no* tire rulers to their efforts to control or prohibit toe use of intoxicants? (6) to substitution of a light boor# containing not acre toon 6*l of aloe , tQT anil© and potent native dr inks» A clean and healthful beverage mould clop In co potationo prepared to too filthiest pooalbly to aaio caoee dieseßtosttog ayphilto and other dijmaeee* io to R trmle eplrito#* the tom could ©eon only spirits as were used for purposes of tndo ond barter nith too natives too aolc criterion totor; ano of price. 3ir r. toe ftotog of • ratotom price below toMl toe sale of all oplrlto could to prahlMtod. Tala could to detomimd frm tlm to tlx‘ by to© awdntosy tone mklng for mifomlty of no moisture and of aon©” w« to prwent fraud. In too lsßf diac use ion IIMb to<: pises m ar - ■ana-, ,r.. ; -o e . I.P, - ■ ol ■ <P ' ■ / 'Go thought that prohibition should to co .ploto the . md-itod torritorles. All in tox ton to ataiM be outlawed $ Article 9stod|MM nMo distinction l»tem ahitea and blaehs* aod Ughot bo from a toto. In e mmsraidm prepared and Intntowed during toe fourth session* Mr F* suggested tot too s®aalecim request the the (xoioll to define th© tom h trade spirits.* Ihc Co&ntolorh after dlaauoßlng th© adopted Hi© following roaolutions to peiwnmt Mandates coo’iooiun has observed tot there hns been sax confusion of opinion in regard to to presto meaning of to term used in to covenant and in to Convention of 3t. aornaia of Boptoabcr 10th# W> the liquor traffle and bee fomed the oplnim that It would bo advontrgooua if on authoritative definition were given of ewh as to toOla** Hr&de cpirite#® Mpir rite,* liquors#’ ’distilled bsvofogea* s and Mon- a 1 co lollc bevorageo. * iMle tot to took of defining toco terms io Wil of experts, it invitee to attention of . . ..I .to. I b < . Stet &$• in to British MMmM | 1924# whisk wa® as fallow* n f4quor traffic* mean© to of chaap distil far sole or mrter as on article of trade oith African dlotllXod liquors are genoraXV hmm as *Bplrlt«* and Mistilled bewgU;;oa, r to MMMM i ■ that' thSte term ore identical# and prapoeoa tot tooy toald be defined as al coho lie# IX tsore tom a epeoific siOßl at ftit alodwl twelve decrees). bworageo* sioply bo cofL'od so beveriges mith do not contain acre ton a specific aaomt of alcdibl (cay, to degree©). sb lie the dofinitlon of trade spirit a ferrod to abaro my be eomidorod true in fact, to Wtoßl ipodates Cc IMI tot ease* thing mre preoiff io noaied for' the puraooe of Cwto-w duties. Tale roowMatto I - ■ of political Affaire in the I ranch colonial Qffiee# to despatch a letter to the Conals 010n a stating that bls GwemMt could net agree to restrict the importation of all bovemgG© with a oantent above too degrees of alcaholo Apart fm violating Hie Intorooto of Frame as a wine growing coaitxy* the regulation would BB to go the letter Ml spirit of the of st* Gormin. In iM to clear up odeeemtrwtim* 0* wMho suggested Wit UMI Gomleslon waM Itself of its fBBMI septan to MB Ml Bi only distilled (opiate) should be to a speef gine of ewow fwtrietion Ml We domlsnlan et 0 mte to be MraMM to H» t* MM it Mt MH there we oeMe» tlm to otemlaa of Mw e>eoMl reetrlotWw to be v . \ ' < . . ' ' 0 . - - ■ ■ omtet IWMNMBW It agreed that fwM r or pruilMtlan W# MM* I IMb •Ml gl Mt the ' tbe MM** 14 tlm of ft* Ue MB In *1 (MM fWfMWlii •• #■•• ere to I -lam m the «w»B«t£ I > - let W the Cw* in Moslxm'u Ww MMMM MhMH MM at fMN*» HfMlt Ist * fed* % proposal® to toe • a® to® oubjoot of an extwiw during- toe eereMil ouloiial Qomllte® appointed by toe cxmfereme dMtMOt tot ®tM Mml waM to toe prehlbl* tto in Hi ■£ ail IBHIfB alcoholic ItfWb Bat W Uto extras* nclioa appeared at IMI tiw, tiw folloMng MMAB* tloi® wore (a) prohibition B taport eale of till dlatilled (b) prohlMMm of MIHM MMI prefared for bMM (eQ ’.oor? . 11 femmted liquors MMrih W* and Mtoßtotoß of all liquors contain* ing mre ton twlw a* of alcohol ml all of } Second uamfbctared In to Colony. (a) f roalbitlm of We distillation European er miM to IM ? oonomp* Uloni (b) period tol impectlm th® Iwa Ith smta to colony at m* liquors •• toad by toMM* or mtima> and prohibition of MM* i*Ml art injurious to publie totito tow* they contain too 1 '0 ;. ' ?o> ' ' ' I Q . . m j'y shich toy are mmsfaetw|d or to physical and moral disorders toy pre too. IS* pared a'amor&Mw an th* XWth his ftlHI in detail. oclami, after atsting We fhM • WHMIA and of the and r^ n .mtotes respecting to traffic. to* ware tol toi tor such tot toir trto toM not bo rcconalledt ge said that It should be her Aftoßi to boa bean fmmlatcd. it had not been a r petmt ooaolUe afto lltoiMl ttotoltoto if Ito to* to cWw tead> it ma a mac; Itoto* tototokto Ipto dram by the totolt Bl |te end of 1W meW< 4* IPW» Si® to declaim me ode te eetabliok tot toh I tom toerted in We Qarmmt toM Mtoß the Drafting totototo H to this M -rnoly attributed to* to deflelomiw Ml to*M - le aho Article toresew# bo road with rofermco to ita general spirit only, end not too literally. Thus, the authors evidently meant that the of the liquor traffic should be prohibited just as they intended to prevent the abuses of the traffic in cw and of udaory labor. This interpretation t mmove any '■ I - ba- tween Article Twenty-Two and the correspond! ig clauses of tie Moreover, Article of the Treaty of Versaill©© specifically applied tho Berlin and Brussel® Acts to tlie fomcr colonies of Gexr.nny* neitijer of these required the liquor traffic to be completely pro xi bi ted. ;he same Article likewise provided that revisions of 1 tr? tie a should ue applicable to the mandated territories. Hie Treaty of M* Germin xwhich was such a revision ,< did ; not < t liquor traffic ir H/any It did prohibit trade spirits and required, strict control of the traffic hi other spirituous liquors. As M. Van Bees stated, "If not onl"/ the letto. but “ oo -tie spirit of I* Twenty-Two had really rcauirod total the signatories of tie Covenant, who subscribed to the St. Geiwin tim almost at the name time, would never havo seen their way to approve the terns of that Convention so far as undated territories are concerned. The fact that they did not hesitate to sign the Convention v;itiout introducing ruaoMtion .into it in respect of .vandated territories seems to me to alaaw that they must have Interpreted the Covenant, and particularly the prohibition in question, in the my I have indie-ted above.* ne, therefore,came to the following coneiusionst (u) in spite of the wording, fifth paragraph of Article of the Covenant does not provide tor th© total prohibition of the liquor traffic. (b) 3o for as *B* mndotee are concerned, the authority lo Uto nt. Go mi in uonventiai, ms concluded at a ljusH earlier date ttoi that of the ecnflxaatian of those mandate** (o) Iherefore, the terns of the text© of tn so oOHdotea, although they only provide £&? strict control over the liquor traill&t should bo understood to «aa that such doniml he* '-.-xi of distribution, solo and possession of tw4e spirits of oil fcixis . other bowr- 3 referred Moles two and three of the w vmtian of She nrxd’acturc of the distilled bcvoragoe referred to in article Five. (d) Coneluelons ( .) md (c) apply also to Airier', Wxieh is .olor a *<r without projsMioo, of ©ouiw> to the np-ltetioa hi that terri of provision, oontsbied in ths mndote itself, whitdi the supply to the m* tlvoe of th* territory of intoxloatlng spirits sad beverages of oil Mo. (0) Ao rogardo the othor terrltorloo mdor mandate,, the position is governed by prohibition, aiich is quite maa~ bigvUXlQ.. Amordlng to then® conclusions there wold fee 3 *m tcrrltarim ox tte *3* malate type* teMteMg South»Sest Africa, tot T . t ■ '3 end mnufacturs of* almholic beverages specified in trie Convention a. L* X' M.X, : ■"• : A ■ o .. CX, g. X, 7 x. ? _'. A .o cmtrol to both whites and binate would ba end as rsgoMs territories of the *o’ MNMt type* not occluding teMbHtet Afrlm* total prohibition of the supply to the natives of IntoKiaati&g spirits a»d M 18 th Wi otetojent ms presented to the lie ox* \ , "?; , ' '- (Z . ’ 'V;P tl .cor the seat part eosieties, MmMmMs wldmoe eontoinlnc reftmahee and pretests onslmt the (W&ll, thor alleged had not th© (mtaga io hold out against the decade of wrloue mndatoiy powers and had, therefore# merely stipulated tot to o.xwico *f a strict control with regard to UM ||*W traffic ma. all that ms de* siroMo* The aamccadm which he had prepared ©ight be reg / •□ an indirect reply to toso protests* . In the dissuasion d’todrado said tot ao boo umde t© agree cmtiiely with thto cad imtodod to c tot he bad previously upheld a very different toory. n ho had almys bom la Iwor of couplets prohibition# jnd be thought tot hlo view Ugg** a*b the stipulations of l rtlcle Tmuty-Two of ths Covenant. & his optoton# the mRMMB constituted the principal ternt# and Article Twenty*?®©# not ally in to letter# but also to to spirit# prohibited the liquor traffic,.** 1£ It were stated tout ||B WMMII wt not asm BMIS it said# wi£orteiato srtoo* Uw term oitlso cwont ought# torefoFG# to tx? LIMB cd as far as am BMHUiB* Xi sought to protect# not the natives# Wnfiloo UM territories i to mXb*botog all# MB native# ms to be OQdhNBMMM« The toxw of the jMUMtod the Is£N* trnfXlc both so to natives and non-nativeo* It ms alsust ble pxweat oMMm frm assuring 11^w as l|m as guropoam pur* mms it jFoed tot it rnuld no~ itsto his objective tri to aio strobe of toe joh but o bcginnlEg should be uade by putttiß toEHsdlately to to evils oamad by •xlblttoß Mo 01*1*1 m colonial BNmAmMB *• rmammdod,. MB tßftnywti oisHllod Hauers were not to tx? prohibited absolutely# both for white a end btom# it would be atomt lapoesible * Ml to evils of slmbolto© ooa-trrkg to mandated territorloa. Traders maid naturally report to every passible trlch to ardor to toport to cheapest poeoiblo liquors, for it MM Mt M IMMM |MMfM M MMM M dooldod to MtBO te * sl I MM M I it WM M MffiMt to MM MMt if it MB not *bMMI fMMMB else '. , M M-a Ml Men M । M Ml roguMtim ■< M M It ro* Mt I too in on fl M* realiM to the I 54 Mt M &W 1 if Ml ma mlf to giw a Mwet MS M Ml bM end the MAt of I&MM and w MaM aiew of M» #MM MM MMBMMt Mwe $. the mM» Mof all I 1 g Mb Mt MM ’ MM* ■MM MMbM MM Ml MmßMm® often Mbs it M IM m °- "■'-- ' ’. d • - \ ' J .V „ r Ml Mt| MMAMh ft thia interpretation WM MOMU there maid M M MMr, Ml MMI Ml MM 4f Ml of Mi M M the T*w A B MMM» g« Wn alw sewered If' ' r ' v '3---. 3. o , hnVn. - hr' f/ h ? ■- .. .'. ? . . i . U: ;UK wllti aMt mM|M OMMM I -wl Mt Mit Ma> not as ideal MtaMm •• ■ M Mm fc M mamod the MM mmtaMg Mt Mb® Mi m on th® qMßi<3tu All ? ww ® gin the MN ■ M deelwd to go pastor 'Mn MMm St mo o® M icicle o Iwlt at BolW of ihlla mB dloM* IB Mt ■ rhMmm Mat th© th® emtrol of Ml HfgM MM WM Ml that it fMM adjourn its final decision on the matter until it hod had time to consider the views which hod been expresood at the meting*” H. d’Andredo accepted tills gmoral ooylng that, ”The Conmisoion, as tlic record of its discussions showed, had adopted a very strict attitude tornrds th© mndatory powers with regard to alcohol* was all it could do, and tills it actually did." l? In res once to tao request previottely mode by the Council, certain nmdatory powers st© ted their viens an th© definitions submitted by th© o<m> 20 □loalon during its fourth cession. Ihe Council, at its meeting of June consider the expressions of uiin |4 MMMm ■ Gicn ißgiMßllf W 21 ceptabl©. Iho caamiealon accord!ugly took the miter under advisement apain during its tmti oeaaion. sir F» IW 3 prepared a note an the subject, fMeh bocano the bonis of th© discussion. He pointed out that replies had been received• from seven governments. IW Zealand and Japan had offered no oomeute* Australia hod suggested that tn© term * liquor traffic” should be held to mean n thc sale to natives of any potable liquor containing of ;roo£ spirit, n *he Governments of Groat Britain, south Africa, and Delgiuii replied, oeeepting in principle tiio definition 4ad by tei© Gaelic a lon. lh© Frmoh Govern lont offered no definitions but that distilled bwem.jos otlicr trade spirits should not be prohibited, unlean they contained essences or chemleal produets Injurious to health. In order to homadUe time various opialam, dir F. Lugard reeosmended that? Tao following terras shall be understood wherever they occur in the mandates or in the reports end statistical tables eitoitted by mandatory powers to have the meanings as* signed to thorn hereunder: liquor Traffic* means the importation by land or sen of cheap spirits - # other than denatured nai-potablc spirits# for trod© or barter with the nativoa. "Trade spirits* ore ©heap spirits# ©tier than denatured non-potaElc a pin imported for Ml of trade or barter with the natives. If any doubt exists# all spirits shall be regarded as * trade spirits* ®IW the exception of such as ore ■Ulcally defined and described as admissible under th® local low. "Spirituous Beverages or Liquors* ("deo spirituous*)j * 1 a til led poverages or boiosons dlotllMoa") j s^' r "bplrlt a" '(potobieT 'f^aco spiritueus") are identical terms# meaning 'beverage© containing alcohol any part of whim io prepared fcy distillation. Provided that# in order to distirguioh "spirits* from "nines* and other beverages fcr the purpose of Customs duties, it is agreed that tie following conventloml definition of * spirits# * in aontrsdiotinctioo to winos and beers# etc.# shall be adopted t Hie term "spirits#* when used to dificrontiate from wines# shall aeon ’•MT liquor containing sore UMI m by weight oi' pure alcohol." "Alcoholio Bovorages or Liquors" roeano any intoxicating Bmmm* hlon-alaouoliQ Beverages" means such beverages as do not contain of ” pure aloctiol by In reviewing the proposals UM made, M* Van Reos agreed In principle with the definition* of * liquor traffic, • "trade spirits,* and "alcoholic bwer* ages** d. lerlin said that the only preciso French tenao to describe the various spirituous drinks acre th© following* 1. Alcoholic beverages, that ms to any, beverages ©obtaining ..orc than two or three d<;rees of alcohol. Thio expression covered tho lightest wine® dom to the heaviest fora of alcohol. Xue "alcoholic beverages" ma a generic tom and ma divided into two categories for tie urpoae of Oustons ol © ,if 1- entioas. P. Distilled beverages# that me to say, all twomgos con* tabling a product of distillation# chartreuse# aniseed cordial# etc. Alcohols and brandy. Pure alcohol or aromtioed alcohol# rua# ®Asky# gin# etc. He believed that it Icon neceewsy to secure accurate deflations tium full infarction stmt the Increased use of spirits In the undated territories, tho letter <>hig a very phei'KMwnan* no said that The Comlsalm sao not a body of to provide legal definitions and oWore to then strictly* it was s collection of experienced an Wo had lived la or these territories* and It ms their duty to do their utmost* utilising We beat &aA met practical Dianne at Weir disposal* &c~ count oust be tom of the foots* If the statistics in the tradi e of alomol MM exmlnod* it Milt easily be sem Hl they did not take MMKt the mMous qudntitlee of alcohol MKMBt in IBM Ml an iMMOthg tMIM» cy to import a of heavy density, which were diluted an Hm spot and mid to the no tiros. Hm th* Caasissicm should re uire ms not oo BMh definitions as accurate figures* If it noted Wat the momt of alcohol into a territory tended to increase* it to point out Wie fact to the poser concerned and swbid it Wat it had to observe Wo definitions contained In We MlHßftftOß of st* asking for do* tails an We origin Ht spirituous liqmra anti * Wo Beaami taken to comtot alcoholism* We lumbers We Co®lseian would do a mrk of plMlitMlt MbmßhMß* • u. iorlln oo eluded Wat any definition would bo useless ns it would coon be evaded by manufacturers of alcoholic drinks* M« d* BW de proposed the following definitional (1) Tiaffto’—solo or porter of tr spirits. (2) RMH aplrlte*—all alcoholic leverages declared to be such by o. •c . . . crlic -ob only bacb bw C'o xilso ion Would proceed to agree on * definition using Sir Be iMpMMI reeomendatime os • basis* lie urged* however* Wat It me incorrect to Unit the liquor traffic to trade spirits. It BMH include all kinds of alcohol. Bo could not agree to BRy fomuls by which wino* which a formated rage* me represented as a distilled beverage* Be would agree,however* that some wines* Wen strentWmed ty the addition of distilled spirits* □hoald belong to to category of distilled spirits* to Co©©lsdlon submitted to quest ion to a sub-camittoo oouposed of lir F> Lugord, B« Werl in, h* d*Andrade, and W* Roppord. ihoir report was presented, and approved ' a with minor mod If lea t ions* " It stated: Xn a reoolutlon adopted on June to Council requested ths Ponwnt comificions n (a) To consider to views expressed by to mndatory posers with regard to the definition of to terns con* earning tho liquor traffic which ore found in the mar ■ dales, and w (b) To Infom the Cornell of such couetotos so it may reach no a result of this further ewototlan of Hi© question. 9 With a vies to ensuring tho application of -the provision oonwemiag th® litp&r t t contained in \rti©lo of the Qovemnt, to council, ton oonfiraing to S B S andaUo, adopted to following texts 43 to amatory,. .toll excroto a strict control over ♦ •♦♦the sale of spirituous Ilmira* 9 lbw Convention relating to to Liquor Traffic In signed at si. (Kemin*wlpye an eeptombor 10th, I>W, la a 100 applicable to to territories under *o* modules, in accordance with MMiB Eight of the wmMM for tie cm&roons and togoland end Art isle nine of those for and Tanganyika* ton oonflmlng the *c* mandates, tw council, In oso outlaw of to abovo-oomttoned provision of Arttale of to Covenant, adopted the following textt 9 to WPly »f intoxicating spirits end beverage® to the natives ehall be prohibited. 9 After carefully to roplloo of to mndatory tjowora ao to the precise of to various tenx ployed M these texts, to IWMHIiBBBI tanlesion has to hewer to rooca ond tot toy ohotild bo interpreted in to following mnneri The opraaaion R spirituous Hquors 9 (In a note to report states 9 Th» ter© ♦apiFita , io ideationV] used in thl nandales and in the atxwcwaentlcwd convention shall bo taken to aeant in) All distilled bevenges, b) All fomented bcveragco to dlotllled products iiav© been added so aa to contain over degrees of pure atohel ty Tie expressim 9 trade spirits of every kind,* used in Article Two of to Convention of at, Geiwln, shall lie to mean "cheap spirits utilised as articles of trade or barter uWi the nativoo.* In the *o* mandates* the sspreseicm beverages’ 1 should l» taken to . ioan ®any oowrogo co ?- talning more tunn three degrees of nuro alcdiol by wight,* Thia definition duly deapaWiod by the Cornell to the mndstoiy powers® 3io British in a latter doted my U 27, notified px Ite acceptance of tie proposed definltlona® The of Japan hoc likewise recently indicated its aaeeptanae and the Belgian (tomawmnt stated 27 it© readineas to noeode to the deftnltionß with me elicit Tlw Aaoombly and the Council haw cecprcwed approval of the Comieoim 1 © Gudoovors in this matter and arc tarlr influanco to secure a 28 lull acceptance of the definitions ■■ ■■ - < -r - \/.ICOO tattaoM ®hite oMMMttal* the MM of Ml the liquor traffic «»t be accorded a smttaM gM, see A» <« * A politic and < ' r also S Sth 5Jk ta Ac to those cho haw It. these hi W VII» I 4: also Lindley# W| %>7l. 4* jao ’-mala 4, paragraph 3 of fee British nandatea for fee BMHMMb 3* See Artlolo 5# pawgraph > of the imioto for south-doot .Africa „ " found in fee palootinc# Syria and Iraq amdafeo on thio probfen. Conooqmntly# no sections orc contained in questionnaires med for these territories. M section 4of fee quantic . for S B* and •©• territories* Annex VII. a. 7. "ML, im»* w IMMh booo. 0 146-47. 11. Official journal Ho. 10# Ito. * iA • X ■ '■ b ' -■ w* ' * T W« ’Hi© fononßg ma r Jie CaaUt?eo moaa icnda tot to Cco* TmU® of ciould oouttaa to | teat possible mmer, especially Article 4, in opl* do tynite) mat include all tatototins Hquorc. 8 co < * o > • 4tatlMot liquors be ex* tended to oil to toßMtmthi .os wiWiout diattotlm tf rare Minutes, 7th 3ess., 205. or color/ '"" r?C "■w-154. 20. 101 V 26 Official Ha. 5, W. ' Scutes » 9th J2| 7* 22. Minutes# 10th Seas.# 17D-76. 7>*32. 2. SUPERVISING THE APPLICATION OF THE LIQUOR CLAUSES totovor any bo the teshidtel prob laris still unsettled* to Coaiia- aim IM carefully dealt ©lth the practical eituatiouc which hw arisen 2p in the mandated territories froa year to year. them* om of to Bd important Inf been the smuggling of liquor., This fMOOtlwi Im arisen □oat strikingly in the French and British mandates an to Oost Coast of Africa. During to second session* to noted tot tore ©as emeiderable smuggling of alcohol fra® Troland into British Tago- land* This mo apparently duo to the lower Imports levied to the former territory# itilch# however, hod recently boon increased. x In Ito report to to Council* to comiaslm accordingly stated that w fhe attention of the Oamiaalai mo drawn to a considerable mount of smiling of alcoholic liquors toported into Dritloh Togoland fron French Roland on to one hand and froa to \?cld osaat on to other# (to# no doubt# to the fact tot until ecreP," J'FV..- ; '• ’ h? 3’ -hen. Ue - U7-U' ; ,0’33 U. Uj ac/ail Tolland ms mh l<mer than tot loosed in el tor of to eountrlea* now tot the duties have been raised in French Tosoland, it would see® tot thia evil hae. automtlcally Dooplto to In* creese of the French ©sailing conthsuod* to caauiaalm at Ito third ooodlgu, therefore# Imludod the following atatwont in Ito re port to to camo lit to umdatoa oomtoiai# that dtoSMlnrity In to dutlea inpoacd mb snirltow liquors ImmMl into Ml* dated territories glees rise to MBS ting to oontlgum ter* ritorto# and my it a eatM of frlotiont neeocxaende tot the Womaento of Framh and Great Britain bo requested to agree tot to duties levied on opirltu* oew liquors toortod Into to territories placed under toir xmdnto to Africa should not be logo than tlio duties in the adjoining territorial on otoitor spirits of equal strength® Sat ibrthw that* to order to mtototo tills of duties* It to todulb UM toe too pemrs should omsult wlto eaoh other fxsm Mat to ttoe with o to aeoiollsttog Weir tows and to tie dutioo on toport of oplritoons linuoro. X ■ MM/PM'd n,> MP M■% Me .MM/n a o ~»- !ri I/JC-H-G the UIMM M it me engaged in MWtbai MW hM wthtr* m • rlHm* Iha • 1 Milla anxious to settle ttie "peatimr mt willing to MMl* to the MM MMM* MM ms that MUM M*M Hl changed Me t# _M mlorm t- MMi Mi* Ihe Report on FmM Togpland stated Wit MMM Ml Mtt 1- | to a dIMMM of toporta and that it Mi MIBMMIF to Wz . W During the BMMI BwM the *MM* dissuaded th® question to the presmee of the **M*mMMB of the pmM th MMm« Ml of Omt ©rlt M latter l Nt the attiWe Ma ' a Mal ■ \z- I<j< ... r ' 't\ M : ! ; ya term MM* and had fiwt • mlfom haport of per gallm m eplritß 50 : ’ MMMU Be the MM ri«M' Ml MM aplrlte « ihe s*Ml of oplMte me meh looer in FreMi md In order to step ®suggWß> Ml Mm MMMMI *®M| MMM frontier* It Ml mrtatn Wt the MB unlfom W duties in W two MMMMb W leee Mi MggHag would M» Mi British Qovemwit MA* not MM the duties to the MMh lewl M this would result in Smnxwed ©en* ' ■ <■ ■ vy • -W,-:. ; pd i , hl <>? J/- tweeted Mi Me fellming oenoluwloiw bed bmn resehad ? Aeoording to IMb Four of the of M o*r»ln> Me at MMM loohollo MeMM swt Be ©yb» >Mm£ to a cilnism tax of 300 frame per MMHM at $M olcdioi (in th® MMM colmloe the Mi mst be not lees than, '\ ■ ■■’■ * ' / - ‘ 30 ®IMmA Me Import originally fixed at Mb per hr 1W aieMl had bom waleed for Ml 00W1M twi M rltorM wider BriMh raafcto to = □ oorroapa dlig areas© for spirits iMBMMi than eMMA* tan me MM*Mf M the pdmd m rsdtm the British to Me Me the fomor M - b MMM MMMMb* remit would be a dM# in ’ " Vi - • ‘ " Afa i - whore w@>r ondoaror me mde to provide for oonsuaptlm only spirits of good os nitty at a prlao. a* Dunlins set forth the view of his ''6 .Lotrat ion that# MMM the British M MMMMB to *MMM the proportion of pure MM MMe* la spirits# th© MMB M trying to Ml Mi Mm of dogroeo* MMI M th© spirits whleh urn tUM mmed# th© MMfe and FmM mHMM MMM MMmM MM to oonfom with one another# owpt as regarded gM Mt fMM were taMing Mi MM# M •Ml pMMMM of Ml eale of MMMM MM M MMM and MB putting it gradwilly into MM As to duties# his Qowiwid was quite prepared to duty of 800 trans® fixed by Mi Cwwmtion of Ms M it would mt mM the standard of Ml British *M M MMOM Mt **tM M*l I bM*M whieh were remitted# Mt extern British (WoMMat Ml in fovor of oowlfto torlfTe# MMM tM FMM IIMM** In IMMMMI IM MtOl MB M 1M MMoMant had Mm OMMO "t M MMMIM It would yMM* pomilM to MMM IM Ml MM M bMR#*IM| Mt> on MB* tMB MMMi splrlto M wwW wi dMtoe should to MHMh liumi m other ad duties ehould to IMM»* Sir F* gard that tM stotom MMh* iMM tor spirits to MM M and Mt higher dutlw to isaposed m M r> mhsl ktode ■■ .— . - ■■ — ■ :\; aOs .o .000 =; . ■'.. ,0 . / O' ... . . O OO; oOil It MM dtoeouraip toe MMI opiMto* Aftor further dtoeuestat 3it problem toe too IMMMMMIM aammd too Mtotoa I .at their wuld bMNM looking toward a fMi | issues. to IM Ml MbMIo Ml OMtototon ototod: a M ottal mioh toe FwA mad tMMto ■ tokm In ooasequonoe of its on MM subject loot year* Ml Mo MMBM haw Ml hifmwd to /. \ * ~1 t they haw MM Mb MMBmBi fMB & whSae |r» MMMMto M Ml ' -■ MM of toe dMMBMMB in the Guotom sptca, MaMMeeiMl traditions nMM« oo wll aa oftoe flmtoetoMi in Ml mMMMM fWcmbto MB these negotiations be MMMton Mm ©lto regret the MHRBMM toM .n of liquor M and Mb ©ano-rome* It has Warn note with antistootton W-t the tw mndotoxy powers aw disposed to take stope ... Mm lon rooemmded* f - o *.. ..a i o a ait /aa a t * on this axbjoct haw torn ao m j a . M ! x 3 | IM couroc Mm MMB will faelHtote the task ten hBMMMP powers, and pronate the of We populntiono oosMtted to their ware. the MB naport on the British oomroao® ©toted that free Be meeh WB ma oUll |WM» During the fifth session# Mb We»* lands# Be British MMBMh explained that nsgatlstim® were haMM plan® with the BMMB but Wai diff Wil ties had resulted regarding the MBMMdM* of duties# m smmM of ths depression of the DC ln MB report th the WMBtt® the WMimim stated Wat : •W® Oonaisslon reiterates its desire Wat the closest separation Mould exist between the tel Mhli^bMettatsdt n the British and for '39 ”' ' d JMtag Hb 1m wa® w towror# alnost poring W> olMh oomirn# Be IMstfeo promoted that the Freneh wild it® duMm to hr&ig then aese into BNMet MMI HMH of the British tmltorUe* tMef dlfflmltr MB the M the 41 paper tram at UM wMh Sila did not persit aotlm* ’ Afw Mw MMNMb. Brltlol'' BMMIM informd Be MMMim Wat in of the MM tet th® froM MMt m only MM of th® iMIMh Wm were no© only a Mw mae® of higgling. MMb M aaM# was do® to th® W MBMh M* gappard MmllmM WM MMmMi exit W the quantity of liquor mw laoreaslng mile Its quality we decreasing. Since the anin inoroeee ma gin, tho mtivos evidently were it? it 42 ms to bo presuaod that Faropeano eld not conawao inferior liquoro. Captain pnsfleld replied that according to hi© am k owl edge, tie natlre© 45 used a vary lifted ataount of liquor. During the seventh aeselcm# Hajar RUKtait ano fear British roprcoontotlva, said that t'.oro me now no ovldonco of miggling frm th® Frrash torridry« B lhe sale @f ©pirita to stives me prohibited by French low and only last aonth the Freneh duties had bean 44 samiderobly iMMMlt** Ihile the 4B of equalisation of duties has not bean solved and la still pending* the CGExaissim hoo 'boon success- ful in sscurijig m increase in th© French duties. Assurances hove lately been given the laporta will bo raised In tho very near future. 43 3s»Bgling still exists#but la being aider control. In oaijcsvloing application of the liquor olames in the various ter* ritories, tie Coaaiaaion has followed Ito ouatomry practice—a study of reports, a dlsrussicm with official repreamtatlvee, reeaaoendation s mde to thm directly, and through the Council to the mndatoiy OovommntC' In general, the CotKilssion has insisted on full control over the liquor traffic and over the nanufacturo and use of intoxicating drinks by the native a. The *A* mndatos contain no pruvlsiono on the subject, and the attention 4iloh the CoaaiGslon has given uiou has been merely Incidental. • During the ninth aaasion, for exmplo, it reviewed condition® In Palestine. oommicutlonc had bm received—one froa a Council acid to roproaent 1/0,000 women in Beland and the other IHB the International order of Good Templars—which that the timber of places shore liquor ms sold in Palestine had Greatly increased. dlr John shuolzburgh elated that he me much surprised at these allegations* Ue had never aeon any sign of drunkemeae in the mandated torltory* Iho number of liquor licenses issued, U@ said, me not doming. During the present year, there were only In Jermalm, for a population of nearly 30,000. dir F* tugard enquired concerning the liquor aold. Ur- Hills, also proamt at the discussion, said that Europeans drank imported liquor but tie natives preferred their am products, which conaioted of nine grown In the count jy and tw native spirit known as Amk. Ibis explanation ms apparently sdiafhetosy for the comleslan did not an the matter in lie re- 47 port to tho Council. rnqulrieo have been mdo on one or two oemeione mneexnlng the situation in ay ria. Thus, during the fifth sosolon, air F» LMgard noted tot the export of alcohol me larger ton the laport* Ast rds the nature of to imported liquors? M. de Calx, to aocrodltod reprossntattvs, said tot toy doubtless of a siodlocro quality used in the mnufboture of native drinks, Arab, and probably, ments. a» Doau /.sointod out tot industrial alcohols sore not rectified end core, therefore, ham» ful. They might be placed in to aaoo oatogory go trade spirits, to oalo of AiA forbidden in Africa. M. do calx sxpl&tot tot unroctified 48 alcohol would likely not bo used for these purpooeo. fee Ccxxiisalon has tolatod on a stricter control of to liquor 49 traffic in to 8 8 8 territories. feus# it has carefully investigated conditions in fengan/ika to see that no a bunco exist. Spirits are not allowed as an article of trade with the natives. to only liquor mnufeatured locally la native beer end pels uto, to oonawaptlai of uhloh io demoded by tribal caatouo at noct native oomaonloa. fee manufacture# sale and of tribal delnko la controlled by the native Authority Ordinance of Wilah prohibits WRMMh intoxicating liquors 50 Ordinance of 192> forbids to sale of any but native liquor to mtivos. Mrtß| the tMB IWMMe WB trip* the wpstery ropreemtstive# Er. dcatt# Victor a certain quantity of alcaxollc Iwomgos imported by Europeans not find its way fro i to idiitee into to hando of to natives. Mr. goott replied tot he hod never heard of a traffic of thio kind, fee whites conamed inoot of the fee cause of to increase * si of wee to growto in to BUnepean In Ito report to the (Bnooilt the GoaMealm wtotet* w Inermse in too tian of spirits to to notot by toe MMeotonrShtoh will to glad to □g near of audi maeuroe no aay be token to oa ibat alcaholtoa^ n Daring to olmßto Bto Donald CMM> tot toe to toporto Bf spirits me to to the growto of populo-tim. He told to camtoaloa tost too mtimi of wngsMM toM suppliee of toportod spirits for to© reomnot (1) Deoause toe trade woo (2) Bemneo toportod eplrlto wore too dOMMBto fMB st wb sottofactoiy, and tso further aotim ws tolsm aj the mttor* Tae situation in Mtoto*Ofwdi also toe be® reviewed by to cco» MMIM During toe fourth oMb Sir F» tugard enquired whether toe toport of USMB and their sale to natives were forbidden. n. to seared lied replied tot imports were allowed* Ml tot MB tonatlwi of aush totoh wre for the use only of to MM Ml MMBMA* Ml F* bugard ton asMI Metier to preparation W in* toatotlng bevoragoo natives we to control. Mr* stated Wit this me dlffSmlt to IMIMIMiB were gMllMte but tot Um* to • nt ent toso ftMtMtM* I Mb toetlMb* »§re duly MMML MtoM wew MMHM to Mb intol* M M those dlatrleto Bmm there wore grove or rlotcxw Liquor, ho sold, ma allowed only on certain days and could bo sold only by tswtworthy pere«m@’ to BMw« During the ooeslm । the criticised tn® " aemm it failed to pro portion of *|MM Imported was eonouwod in the |MI »a due to Wi Ouato unim with the ii» to woommd to 58 hl® jW'cmneni erasure® mldh would corroot IMw def cot. ' Uw action Mm the woa MMMM* the Malniatrotlm Memitlon in the miet Report, '' tfiioh the Oxi<eaion tod th® MMMMI it poaelble to MMMM wxm th® <0 iaportntim of liquor into th® territoiy u Me liquor UtMlB m the seel coast in Me *B* territories Im been more acute Mb elsewhere. Wring the fourth semlcm» the MIMM soiled attention to Ml fast that in Me year W* 44,657 litre® of die* tilled alcohol MB Imported into the Tie&Mh casseroonai MMW In W 61 the amomt hod BMMB* to MMMU M* Duobla# ©plained Mb the French MfMd me BMW great dlllgenee to promt further Me 62 orca so of imports tim* s oubeeqmnt th© Otialrwn noted Me MfMMI M MMMMi UfOM MM FrniM Troland had loermod fma 1921 to MV M the swimt of litres. M Ito fourth re* n P: /th fuller information be supplied. coating toportatioa mo tcmpors- rily halted by the imposing higher duties. Merc recently, homver, too paxiisaion has noted a striking resumption of imports into 66 tlxe French caoaroano, ' and too given aueh thought to too problem thus raised* During the eleventh session, k mrlin pointed out toot tie Govomjent could adopt typos of measures to fight alcoholism. It could prohibit alcoholic liquors entirely, mich achieved only illusory sucooob, for tills opened toe wy to the import of maggled alcohol and the secret and local laanufocturo of liquors of low quality, or it could Unit couomp* tion. Ho agreed that in too mandated territories toe Govcmmonta should resort to strict regulations. He believed tost toe best results could be r cnicved by the rationing of' Europeans and it toe anno time developing the import of nine and boor. mono drinks, containing as they did only a ana 11 percentage of alcohol, seemed able to supply too stimulant shioh every liv« tog being in depressing cl totes needed, h Raponi noted that is territories became more prosperous they also to orted ore liquor, fie tmught that toe question ooac<mod the general problem of educating the native and osmod ttot the Administration was doing m this respect. 11. explained that toe inhabitants were gradually being introduced to a higher standard of I.h d*Andrade said that it ms difficult to tench the mtiree ho.-its of sobriety. ‘Hie beat solution seemed to be the limitation of the Import Ml alcohol and the oneuaragßamt of the import tlon of wines. .it wold be almeet to prevent tae native from 6? drinking if ho had sufficient nancy to buy a isohel* it the afternoon meeting of the day, the question me again taken up. 1. Ducham said that the Administration •wee endeavoring to iturov© the state of affoiro so far as possible and it mo honed that tie present in ravment r»uld be ue-68 oontwtod. a ‘ In the report to th© Cornell, the Commission stated 3 •According to Infaraation given in the mxwl report, there hoe bean a voxy considerable increase during the last for? yearn in Hi© quantity of intoxicating beverages of all kinds imported* Iho Coaaiaslan io glad to note that tti© mandatary owor fully realises the nacoaoity for toklng mro dr ;tic steps, and will be Into ranted to loam what measure® orc adopted a j □nd results are obtained. n ' Iha system of rationing has been put into affect in tlw French Cameroon©' Ihe o-nounto of liquor to be imported and to be applied to each übllc house in the territory have been fixed by docroe. Tills lias gano._ a long my in solving tie liquor problem in tho 70 territory* Cocsiicoion has eatiafaction with the results QCilievod* Besides up the question of snuggling in We British Came roans, the cmralSsion recommended that We nor them ?on® bo pieced under prohibition regulations* as woo We ease In nigerla to WicU the territory bos at-12 inched. Thia recommendation was c 'Fried out, and th© two districts of 75 Dmaenda and :m£e were also ineluded In the prohibited areas. During the seventh session, the Chairman called attention to the increased Im* , 74 porta of gift during the year 1924. a. d’Andrede eaid that when he was present in Genova at the International -conforonco on Alcohol, 2T* Blackburn the decretory of th® native Races and Liquor Traffic United Cemittee, had called his attention to the increase in conauaptioft of spirits in colonies and Widated torritorios, MF* Blackburn had also pointed out that,in the ins in, the alcoholic liquors in question were of a very cacop price and particularly dangerous. g« d* Andrade remarked that *3uch alcohol wag absolute poUm and traffic in spirits of tills kind was prohibited by th© Oevenent.* lie ©tressed the necessity for regulating the quality as well as 75 the quantity of la-.arts. Again,in the ©amination of We 1926 Deport on British Caaeroone, 5* d» Madrsdp noted that fmi 1923 to 1926 there hod been oa iacra a© in the Importation of spirits and liquors. Hille the Re* port stated that tie caiAoe wng th© ’’greatly increased number of non-nativoo In the territoiy,* the population had Increased only th© liaportation of spirits had jaore than doubled, ©as this ©ondltion not due, in fact, to the growth of prosperity of the 3uoh danger wa© apparent in other colonial territories and was a mtter of ooncom to both the and the mandatoiy posers, ir. Ormsby-Coro* Hie official representative, sold that experience in dost Africa ohoTOd that as wealth incrensod*3Q did purchaser of alctdiol* Rut ho did not think the site tian alamlng* especially pro-mr conditiaia were conoldorod. During the year before Hie bar, 4,6CX),000 gallons of trode spirits found their cay into Hlgerla* while in mly SSQ>OOO wore imported. Tae British policy was to prohibit the Importation of tr \tc ■ u \... uz 1 class of liquor* by substantial Import duties mldng that liquor expensive* ’6 Sho matter is still pending. Certain probiams have arisen in British Togolond. Among these is that of controlling Hie ace of spirits by natives. ar. brushy-Gore, during the third seeaim* pointed out that tills ms very difficult. The inhabitants, ns a result of the restrictions on the inport of spirits* had resorted to the exoossiva consumption of palm tins. Tils liquor was used for their funeral customs. Sho result ms very serious* for palm nine sac more injurious than ordinary spirits * and natives consuming it were fre* 77 quently Incapacitated lor a week at a tine. Tie next popart stated that owing to the activities of Hie olilofs in restraining the son ton destruction of trees, the evil had boon iUtlgntcd. It ms boliovsd that public opinion TA mo beeor.ilng aoro severe in its censure of intsmpomwe. yiter Reports allow that total prohibition exists in the northern section, which is predominstoly riohamsodnn. Buropean residents, however, uro permitted to import a reasonable quantity for 'tiaoir om caisaaption* Cases of uruhomcgo th® territory are rare. Hie sale of spirits io licenced; before a house may sell liquor, it io carefully inspected by the police and the responsibility if its proprietors esteblislied. It is ejected that the missionary societies will do much good in the future as they have done in the past by deoamoing the evile of dridc and restricting its use among the people. raedbefs of the ©omission have recently bceooe 81 ocmiiiat a lamed over the rapid Inefease In the importation of oplrita. U. d* Andrade, the tenth sonslan, noted thia condition and eophadiced hie opinion that, under th® tert® of the mandate, the liquor traffic mo to be suppressed. rir. disagreed; the duty of th® mandatory power was not to prohibit the liquor traffic but "strictly teucmtrol* it. To introduce a system of prohibition on the West const would be dteatrmo, there it woul^flercelyresented by the populations B|l would interfere with the whole life of the coaxmity. It would lend to an enormous die* tilling of the worat form of alcohol, especially palm wine. It eno far preferable for the natives to buy good gin than to mnufactufp their own ferae of alcohol. sir F* Lugard end M* Boppard called attention to the ooa~ plaints in the prone, and to tioso fra anti-liquor sociotloe, tliat importations had greatly inereaeed* lir. Ornoby-Gore said that tho bast motaod ©Oiitrol woo Wit 1 sStltutM the eclosion of the £ HP MM Ml MMM M MMMh report to IM Omkl stated Wit Comlsslm noted th© figures in report abasing that #w ©f splriMw liquors Imported into tho Gold Coast Md iicreaaod oomldorably in rooent yooro- Accord- Ing to At blMmmm** of ths amredited mmmmm M|B th© alochol imported is, r, caiou ~<4 &Ml coooa» growing distriots bf M Gold Coftftt Colany# IMIB little is eoiwood In Togaland. The ConMmlm noted with MtaN apeciol BBttMM (Ho* 1 it I$M) laming on pcraais MM* t&BMM* to sell ' ©to., the obligation to the authorities with the records of the anounto a:id oold» It will follow witli interact any further dwelopcmta a© rogmla the control of th© ieaue of spirit licences in ths torritary. W MMM M not fM ten Mly MMU In the M MttM Ml • fMMMM- ie not HMMi th© Ms Insisted atrlot control, nM Mi MMg Mb MMMM M M <utelm M iMMMI MMB ti M • MMM fijwrwon as MMImM MM* MMM* Mb IM wet practical MMiMB Mm Mm attested MHM to ho MMM MMMMtIM to MMMM and tends- of liquor M* • M if M rwtWa idea of and • public oplnlm will ®wweo s MMm MMMMm io required Ml eMite in th® W C* MMM|M so far ae mMws Mt In the ielMhs MM Japanese MMM&e am to ISMM fee MMMMb MUM* ous end eeraimtel purposes. All spirits inputted are used by Japanese 93 living in tee islands. The do not drink to no nntlmißl 06 under teenty being slloned te use tetostotlng liquors* Xn Guinea* teere is very little of alcohol, tee no fives their oen local toddy, a practice rtito tea Government io endeavoring to stoop out. 80 Iha supplying at spirits to natives is prohibited by lon. Ih uootem 3000®, tea rnamfacture and Inporte tlon of all liquors captaining .-»ro than proof spirits is forbidden, provided Wt tea Govcimoat may import alconol for medteinsl* sasrsoontel and Industrial purposes. halo to both w-as c :-../■ . ... .... -h c. t> e ■rn r ... y . .',. -.. V fled aorom/mt iMdloal Oftor. All an board visiting ships oust bo deals rod in writing at the tto of arrival and plhood under Custo® seelt Saleh aaet not be bratei Stille tee vessel is in port* turlrjG of beer or distilled liquor# as well 0.0 saugjllngj io r\ hrcxrily S 9 prosecuted* a conoominc lurco Importations bis rotod JO during teo tontli oeeelon* air Jomeo parr sold teat tee quantity of liquor Imported during aw me year ms no 'toea to tee aaount lesued far aMiotol sto hula ncro purchased iron tto to tine as s mrtot offered. Ton years l supply olght be at one tto. During teo cesaion, tea C&mlosian dtouasod tee allegationa cf gr« Heetm stated la a petition tent visiting Suropeam Mt sold thm freely tottw OMM* MM SIMM M** ma matured om M|Mt * Wrr plained that ms a MiMMM IM been MlMl dormant MBMI for cause# ao& doing Me beet to dlmredlt Ad^iletratlaG,« Ml elMaa mre unfambdf W» icaMit ms mM bMIIMM •MMI oxsd Altm alike. Ihls ess mtlsfiwtory to the (MEimim* |*MMb it la an ©flense by • f Im of 200 pound© ar la* primnmnt for two ymrs for ogy person to • with totoMoat* lag ItM** of any MM M*M* MB mMM ttMMHM la mod an a MM* M|I4M mnmni 0* Ml MM* MMb tm MM •••MM the acting M* Wn noted HM there ms mMM 1M •rmat in MM** M MWM 1* 8? bottles sere MIM Hl IS®# bottles* sir MM* CM M*MM M Hl* MmMB • uMf ■ #ileh Ml still womwil. On MM Md MM Ml the -Chinese MMb MF mt mH SB it to natives* ’ '>e report India?.too that th® notiwo osa not aMlatH to th® am of intoxleanis« Is little chamo Ihmi to wo niaee I MMI to ttaa asst do mt Ml • M**Ml of &HMb » MMOM M M I M’HMt ** •** MW •• MM poMmoHm thsrmf lo |MM IMM* mat be Ml aad Im *MN* aw charged ttea» WM nM bo M**M - M* MMM in tba proems a amunt vine from the gropoa grown in its vineyard, a practice co»- ceming till on i& objection too boon miood by the CaxJ.onio.ru Rofflr beer is brewed and me< by the netlwe, the AdMniatroticn not interfering so lang at the people behave thcmelvew Bir&peam buy llwr x’rm traders Homaeai actives my wouM it only on o doctor’s ccrtifioate. Strict amervlslon obtains to prevent amg'-Ung, During tho ninth session, t’lc Oialrmn colled attention to an Increase in the import 100 of Mr. -Jolt oKjlalnod that thio woo due to the Inawooe of 101 the white population. In Ito report to the Council, the Cc rilßcion etatad, ♦Mt deelwe to be infaraed of roaome of elderablo incrmac in the Importation of spirits in as coopered with I^P4. W ” The Report on Southwest Africa that the figure# given in 192 S ®»ro Incorrecti there woo no imdue inoftase in of ÜbpiMi The ehlto population, however, wot growls and this would mtail W grestor luporttitiono of alcoholic drlsto. IS. 'SfiK< v ’&• 86. Tengu® of national 0.364.1927.71. 27. Ibldu C.254.Wj.V1- 28. Seas-*2l2f the cawLssion bis ixjosntly requested the mandatory posers to give complete IhMMBtiMI oon&omlng their attitude tord ths Convention of 3t» domain and stops taken to carry it into effect® attention hue been given to the problem of mlfom olwnificatlm of alcoholics liquors. M.» 12th sac., 29- For informtion solicited from «S n and n coo queotUmd'lrOi ledtion W® quoatlo wirc-c for Palestine aul dyrla contain no occtiwa on this subject. *L@o bowoona" alcoaliquos 5 3 V adoption doo vino titent mlna do 13 degras, les □ Xooolatwee* MMMribHB Sleaattfeig (mllce*d I quo la droit d* nd oora cotte tame)* acquittermt B lew sntr^o"dan® colonie urn Hw de cansoamatlan do 12 franco pQF litre d’alcool pur rocomu par le Service den Domnoc.” ly2l m Frenoh 4« The duly on ale> tor* and porter of all older and perry per to ' Xon into to British territory of -rogalond was 2n. $ to duty on brandy 9 Malty* g$n 9 run* llqimra, and taieooUaneoua opirlto or strong waters ms 1 pound Sa. up to 2 pounds per gallon, depending on to character of the drinU. popart m British Togotod* 4 pl. second report to to council, p. 6. 11* M*»vSec 1->X6. Wi 1 ' journal no. 10, yh -see W^ UU • * WW Support m F!Wb Oameroom, UMMf Mir / ..u . iMJT ■ 41. Minutes, 6th Sess., J. 4> ’ ™• * 19 -99• Mt*a W* Si iWf® IWB UM MMMII • M IMB aaM'rl&aTTn th© 1923 nopport# P* n «»*Dopulo 1921» 100 taxes eur 100 olcools# ou 100 vend e ars a’aleool# n’ont ocontf d f Au droit d*- entree da I fr. S 3 par 30° en 1921 cot vcnt» 00 ©up. rposor on 1922 uno taw do conso .ntlon de 12 franca par litre d’a lead pur# ana-alto 21 IS francs par litre d’alcool pur an 1925# lea droits so sent aueeeoaivo* ismt accrue d tax© do aonacmatim qui# de 3 franca an 1924# cat 10 CBM| on \ MV otteindre 13 franc© ou l Gr Janvier 1926. Depute cotte denier© date# 1© caaeewitour quit pursuits do I 5 incidence# support© - MHM analyse 100 taxes tannilroe ou do oonocemtion# MW >0 francs do droit par litre d’nlcaol pwr. pour prondro un cxonplo pratique# la bouteillo de • 2 uo p a atllit: □ , .3XI ; .me de quality doa aequittom on ov/nt d’etre on ventct un droit de 9 fr, contra 7 fr* 07 on 1923 at 4 fr* 72 on 1924.« 43. 19;?3 Report on tho British 54*0f5s H>M»* IPP3 report Tolland> p3*%i 1926 Ibld.> a<? ”^ s 12th Scaru, 93) Se*t«> 214. sssn* > I-4/. lJe'a~rm« lll. fee CmMeeieo has given sone attention to to drug traffic in the W A < territories# assuring itself tot such is adequately controlled. see 1925 Palestine# 1920 Rapport on Syria, 72*75* Etotoo# Bth Boss. #'3V Xbid. ,10th Seen#, 52? 6B» Ibid, f WlSes., 101. 50. 1% ; oaort# 2>24; 1923 Ibid., cS - :ind *wu»«b Indiaatlnc a eonaldetaMy inorcoaed oonaiwptton •* latter year. Piuteo* . Mh* rA* b&& no port :3Ww» nth >o3Ba $ <w» papport, pp. 22-255 XW«» IMfe 57* see p* 3. planter, 7th M»| 68-69? IM Bwmth report to the MMM called nTtanUSi to the ehortoaaiagf Idem* 3 216. 59. 1925 iwmu “** a. Mmu 2U 62 • aW M*i 19* 65. on 10, m. (S. . > eoG., fe. 66. Isupport, p. 14, on the Fxwch cameroono indloatos a steady Increase in iaportotion of intoxlcitlg liquors. Taua, in 1 21 vim en fQt 3 inserted amounted to 130,420 litres; In IJS6 t toe amount ms 1,644,721. Vino cn boatsilies omomted in to 34,613; in to 302,763. Vins de liqueurs ommted to 33>036 in I>2ls a »d 47,1/3 in IJ2I vino macseta et ahaiU^ t 'jxGo amounted to 13,243 1326, 31,233» Biers mo 61,/o4 in 1321, and 445,734 to 1326; rau>*de-vie de toutce sorts®, 38,717 to 1321, and 173,335 to 1326; liqueure, 5,340 to 1321 and 25,146 to 1326. 68. 69* 70. IjM? Ragwort on French fMMWOMB# Us inutee# Stth* 71. ' 72. TBlu*, Seos., ISp, 1925 6. 74. W® 'following table from the Report, p. 55, Ind lea tod the Inc rennet in gallons i 1925 1924 1925 Brandy 24 >7 90 mW W 728 585 Rm • 11 5 4 Qin >79 b 025 312 liqueurs 50 27 44 .dedicated and IM* sadle©ted spirits 94 27 49 Beer 9,108 4,536 10,481 fines and vermouth 814 958 1,498 75. Minutee, 7th sees*, 46*47* —rrrxAyg*- 30-61. 77* rd deae*, ISO-61, mo Report then under dlootmion Indi* gated that adequate anfe-guQrda hod be on ca bX idled as to atom aria Ing frosa Importation o£ liquor©, Hie Importation of tr de ©pirits being forbidden, arid other liquors carefully examined and certified* Jt seated alee the Wil e- S Hie uae of were be* tng taken to hare the ehlofa oheok the dost met ion of >blb |*Mh .c'ort, J. 1925 M .., 20-21. ao. "077 81* Ttxo isEpieport, p. 57, Indicates a steady increase of Importation since 1220. In 1220, 84,694 gallons of pure alcohol WB imported: in Ip2l, 07,532: la W, 114,7>1h in W, In 1224, 283,268. quantity per hMB of populating thus increased from .05 in 1220 to .12 in 1224. This , MBlvcr, uch Imß than in 1214, when MSg pollens were imported, or .31 per head. 12th sc . mu ftepiurt* Ibidem 86* S»«k*> 14j Tte Bm.» CJ. 166. *” CO. IW-0J wort* W; 1224-23 Ibid.* 60- 32* 1223 Ibid., pho Report, to to ted that I*2oo galtow of whisky* brer. . vl gin iH for □edictol purposes for tMI use of tee shite | e whto mastered about 2*ooo* being • eamuraptlon • fm three to four litres per head per year, 21* 10th Sees*, .. - ’ : 9& USSd 97. 99* St Ibid*, 4th \c^ A Lv- IDO. The 1924 Report, p. IS, indicted that in the following nmbor Of gnlions of UqurSn were inyorteds .'1,9771 I ItaHMMb Rm and Gin, I>G>l| * Deer, « in th® figures wwt Mate 27*0131 4,881> Rm and Gin, 1,134 s Seth. spirits, >,UO> Boor, p* ID,indicated $ further gmc* except go to brandy sad gin Tanino, M>73Sf Brandy, uaiohy, 0,/B; Ufamrsi Bb 414| Gin, 1,0001 wtlu Spirits, 4,833 j B 7» 101» ■; .xWfe 9th Sees., 30*39. 103 * 3. CONTROLLING THE TRAFFIC IN ARMS AND MUNITIONS AnoWor booted of oonaldowblc MM has 'M® Wo trade in *MM 'OMI sadUeas. in Wo past, We MatxlhuMm of wm* 5 pG-iS -xU u4X dxx xxxxx.xxj Xu o xx-cx xx. x x L.xxx- MWtiM ©f p©MM and m< uprising® Swapoam and inter* 10$ iridal mre of ootlomb Ismmlmm®# iooM stop© Ml |MMf Mb far ©a possible, th© I&by the pro* oimo yiMMMMtt . mm of anM by mWad« MM BmbmMi Aoi of <Mlaw< la Article Sight MMi the MpMIMMO of all nattam iW*MI inter* <— ■■ < xX’;u ,iXd iXAXUA X xX.aC-XXXX J Xd. XX'X XX;, x; X XX. J X"-' /X\'xx'; h? in M&O operattai©> aa wll a© la IntoMlm mra bohMM natlw iriheo,* and MM *Mti ihmmmMMb of th© Afrlo<m ohoM mMMmMO it MMo osprwa wish M th© yMMM io • • mM© Is a iMtii ’a £ la firo* arm and amjaltiai MM not ..;IMMI» r rMslot BMht Ml . 7tcoa> mUwe in Mo teMtiMß IMMtMMMM Mt Mt MMMM MtiMM titiMMOti BOM MNI MmM Marees m&. MMm<' xx.. a... ~x ....x x BMprn and ounlWaw tbc I .-de Wo of imM and |*tMMMM» Wo MMtgr of olgnM W MMMMMM prMiMM the mm MMMMtfI a® ©Mil* MM®| I GorojmamWl fMMMNMi xwbXds th® tti ordinal ***• M B*M**M* usee Ur .acting I****** Ml WB 11*1® ***** Mhß MMM o&wmiMl BMMM Ml retires Ml publicity the «iw tMfla hr M the MM MMMMM MMt wader the dlrw Ml if Mi M MM*M Regions MM I MM* all ©T Africa w* MM Algeria, ml Ml MM* of JsiM if Hm» Twnsmwoala, Persia, MBM M M Mmr parts M Ml TMM Ml MB «MM» MM w* MMM Mb Ml Bm Mi MMM MM* Ml MB OuU M AM MB MM* the restMoted Although the CwertUn ms signed hr MmMMMI powers, including Mi MM MM** the MafMan MM* refused M S*MM M<m Mb ground that it would prohibit Mi export of arus to states not ****** to Mi BMMMM M MMI and Mm* it <l4 to MB the traffic botwm mile W Mt been fMmlly wtifiM • few etaMi, It MB® been oh* eerved in pooMM Ml *MmMM '*MIM IntereeMw Me team MNM* M* M t USS, allied Ml SrltM MMm # MpM MMI Bpeln# the MMM MM* Ml lessor mtiwW* MB eiffOllltilßß M W Ml into defined after m*MI twe been tatai to enww Wit tM ortlelee are *mIM for X 1 .nl posea t of *M* wwmltto and of *M iaeloM* PMMer and 1 -S BBMMMb MB MM &om to whim MM set MflM* MMMo the & of MMBi MBM M*M WM MBMMe M*bM the spmM OioMM M MBM MMb* MmMMb the ObUn < *mM MM* *M the territory MMf its and BoiMlM MiMM* It a is© MMMIB the MMMI MM* WO mrine ©ilea *t the «*M* and MMBIbm Mb Anmban and seootra* a® well as to Arabian peninsula 3 Own da r* Syria and Lebanon* p»l eat to and Transjordan* and Iraq. Abyaalnla mdertalwa to apply to pro visile of the Co .v anti on within her terrltoiy. The pfitljw gon® comprise® to Fed see* to Gulf of Adm* the Arslan Gulf end to Gulf 102 of CXnan. z to Covenant In Article Tt?mty-T«o spec If 100 to arms trade as one Of to "abuse®* which tie mandatoiy io chained with prohibiting. to ®B” ®®nda tea re dire to exercise of *atriot control * oror the traffic in naw and mxnlthw. The *o* mandate® stote tot p to moMatoxy shall ... oec tot tixe traffic in a roe and agismitlon in controlled in uocordarsce Kith the principles analogous to toso laid dom in the Convontion relating to to control of to am traffle* signed on to 10th September, 1212» or in any convention amending the asm." The *A" mandate® contain no provisions on to fitter, to Interpretation of those tomo Iwo given rise to difficult I similar* lee® in degree* to Ml encountered in the clause® relating to to liquor traffic. :K W Rea® submitted a in to aisth eoaclon set forth principles mleh hove betas subsequently fol-* Icmed. Ho stated tot tise intention of to fraswre of Article tonty-T&o 110 and the omadetee ene to prevent to ahsog cf to crai traffic. to Qmieelan has thus far raised no action oaioeming to arm triffio in to °A n gandatee* Ln view of to aecon Con\?entiun tchlch is far ■ u r', fbr ('Gn ji _,tor >tcC t. r.doj,; pt In kilo will b® done 1-. the future. ©ore Isao jeon exorcised to oco tot abuses do not oxlot hi to asndateo. the ninth session* Hi© suflolai roproomt?-ilva of Urundi wxplalnod to the Ccmloslon sMit and chiefs litre aliased to ?scsrx>n©. privily© mo granted to ohiofj only as proof of ipeoVJ’ favor aril mo uider voiy oevor© on M 1 mnt to mieh tlio conioeion mlsod no objcotlan. ’’ the FWxfe territories m itw Sect CGGoi* the caxilGalon lioe been abjured of kind of gm powder is carefully regulated and Uio cuivoatlon of St. Genna in io applied in Ito ontirety. Only a fw notipoaa are fomd hi .. . 112 the poooooolan of natlvec t ana© of predalon generally being forbidden. . urhig Am IMMI ovooian* AB A®*|M®* BABB IB 3$ AB iWMMllii l.iporta* "Zj tian of gm powder into Frsnoh Tagoland. .. pr. ~ y that gm powder see inM by the m tiros la their MMMBMB and fßM*3|to Thor© wee really no danger hwolved In supplying It to thm‘ under the cir-114 cutincos. dx© of haa drition forolda fives to have guns of precision but allows their poeieaaien by Gcverment employees n nd by approved cniefs. Hativee generally s#y carry the musr.loloader or Dane Gun for the protection of their crop for ;..L : but the importing of such weapons is limited and their distribution striotly con-115 trolled. Ih® ooisniseian has agreed that tao Treaty Ql St* Gerwin merely excluders ar 10 of precision ns did 'die Srusaol® Act. and tuat fio Dano 116 Gun is not forbidden. • ' ~ The provisions of the Gairvention of st* Gorina in were applied to British Togoland April Ist, 1924, and have b®en carefully 117 observed. Similar arrangeiasnts are found in Tanganyika. Tiw arms traffic is strictly controlled by an ordinonoe, issued in 1922, which gives effect to the provisions of the Convention of St. Genmln. Hativos are allowed to retain their muswle-loading guns in order to protect their crops against vermin. Ilie Governor 1 a consent is neceosaiy for t?e pcieeasion of a br^sh-loading gun by a native and is only sparingly given to a few 113 trustworthy natives occupying responsible positions. •MHfeMwet ifrica is not getmMl IB Via MB# to MMift* every farmer naa a gun. Tae natives of Xiava. azid ovoabolond have been allowed to retain their ao, Tae ci profidea that ami ond usmnltlm eny bo- imported i ;to toe territory only after toe brnnce of a pewiti that no person any poaosa anas a License or purchase ammition without the written consent of * r u <itei that euoh authority my ot be given to sny native or colored person without the Mr ci the .dntoiatrator* Bo person may deal in srso end ya:.mitlon with* out a Itecnee, which costs twenty pound® per annua and minutely regulates delivery Ml MMMh " s*s MM ilk MMI •-• MiM la closely supervised in too Jspaneee Proriaiana ivore projaolgatod to . w@slattog tronefer of asm aemg private Individ* mle« requiring registry of oeloe, dooltog with the possession,. oicrage t 120 and solo powder # end estobWtolng WMgmte jue« atriet rogulolions are Mm tbmd 1B MBH* It la i ? by a fine of twimu or to rioonu&at tor vwo yeas*© or leasor person to supply a native ulreetly or IndlrecrUy with oiiy flwxms or qq* iMnltlcn* M* isportatlwn of arms Ml fm » oosv I -v* al of toe is pMlMted*' to peMft ttseasi <1 persons are to secure a penult? pemlte w not granted to mUvoe. Use gsm 'jrdtocnm of MB MMMM the top< I M or sole ef Ml aiaifilLtion, under penit and license, to western juaoa. toly etog* shoguns are llcenesd to nativee tor pigeon and pig 122 may not posseoa or use rifles or revolver®. ‘ In rw Guinea, atoi- * Lar restrictions are found. Mi Ordinance issued in 1921 prohibits tie sale of firearms, argmmition ? -ad intoxicating liquor to natives. tra- tor is eutliorlcod to supply f tree rm to natives if tie is of uaO opinion that tliia could bo done with safety and if there Is urgent need of ouch 125 firesjms X'or purposes of self-defense. Uxo Cosmaoi. , in paid very little attention to the question of ©ms and MUiltlom other than io discuas the provisions of the various acts dealing tho subject. Active supervision has not been called for becauco tiio man-jatosy powers ere themselves anxious to prevent dangers involved in perni feting natives to possess weapons. Here is one provision of the Covenant and of tize mandates which the mandatory powers nmy be implicitly trusted with Into cffeet. it* >* I®* aee m, P . jaJdammji Xita w* confo ronce for th© Supervision of th® Interna- tional Trod© in Ana® and Aanmltlon and Ii leaente of gar (;>y 4th to Juno national 3oe Uadloy, IXO. Anutoo, (sth sooeu, lOf-54. Tll7‘P’ &?* ©claims ltions legislative© anAteco'”nu omrs de l*enn& (onmr-no. o-lola n OO 61 ©t 66) ont dtondu ou territoire eon© les awaaurea M Congo beige on d’aime et do g£n&ale quo I*l > rente* 1® detention B 3 fo* new sent in terdi too j •lies ne peuront swtoriedee * pemls dAlvrd 5 titre individual st soulmm^ : ) aux poreomes At am p .rant!© sufflaoato I®® ameo IOMB confines ne eermt p&® S des t&etwi *2°) aux vcyagours mats d’ane dellaur oonatatmt que les ernes et mil time suit rxsluslw'rat destinfeo a lour pereannelle. ♦M Vautorioatlan de uno ©rm 1 feu n’eet BA* ••nMb oux intlAmMi nue bbbb lee Awtls * piston cm 8 elie** - Toutofoin* * titre do rtfoajspenac eroe tlamallo ci pour reiicaeeer lour prestige* 11 ©st I I rtaln# chefs . ... umt* < I mA| VcutaHsatian do uno mw lon Solvent ©ire po.lns©r<slbo ot par les solns do I*AdnlnlstrailQrA, ot lo pe-rilo do detention de VarM reprodait 1© dont olio 6M llfd ilnuteo, >rd <4; 1924 Ropport on French Togo land, 10-1 lj ' '' c '7 ’6r " 6 ..■; Z/ _ l'U« ' oe mppUrt7 aajportg !!♦ 114. :Mmitea> ©OJ dom. t >l. PKT A proolamtion of Dec., 1917» provides that no person shell, without the consent of the Resident first obtained, import any arms or mjunition, under penalty of forfeiting ouch articles ' nd paying e fine of 100 pounds or less. 1925 Report, 6. 116. Minutep, >rd dess,, 139. The Tieport, p. 42, 1 .dioate® that the following number of weapons in the territory? 57 revolvers, 15 rifles, 51 shotguns* Hounds ox amMiitian are us follows: revolvers, 1,909} rifles., 2,206 j shotguns, 29,205* 117* In 1927 wore the following weapons la th® territory* 145 flint-lock guns, 81 cap-guns, 77 shotguns. Europeans possess rifles and revolvers but rust secure licenses. 192/ j.oport, 35. 118, 1928 Fewt, 37-88. AWWMW. *4*. W W .. ' . ; ; ■ ‘ . 4- > l&h For to toll, sou l?a 13*25* m. 4. INTERPRETING THE MILITARY CLAUSES During the World jor the participants freely nude use of black troops. Up to July Ist, 1918, for example, the French alone had employed 1,3,)a,000 . 125 colored soldiers. ’ The practice was the outgrowth of an inevitable need for greater mn-power than mother countiy could supply. France, particularly, with her stationary birth rate and with her population of but 59,- 000,000 ac compared to Germany* a 69,000,000, has been to continue tae use of black fighters. By a Decree, issued in July, 1919? i«a imposed on native© ax' French and Afriee* the provision later applied t& and the p> MMtab At the pease oonferanee* Ihe mlonlee Warn frees Qerjiay with &elr v,CW»OOO natives ®ere rqsaruod by diplonts H 9 ae legitimate spoils of L./'r '.‘a \k v ' ... ■ .. ■ .ri'..'L,„* 1 ■ ... .7,v.> ? r:?o'...':;, that pert of irtlcle dealing tMi tftil wOttap I the. 133 sendetee ' sate oonal&ired by the Cornell of Tm q.\ ssth t trie following dltoueelm took plomt 4 ?Mm weld that piwm a at swrioa the ri Jit of mleUg volunteers in the oomtriea under her ". x :. .y> ' Int x. .. rx x u xx 1 'tx-t; xx tanas of the euppoft Franoo hod resolved from her colonies. XX X--T X? X XXXX 'XX X' X L/ X. ;! ’ X- X: XJXXX . her am f arose for 6 long time* together with We Sritt trialm* Ml it m MMIM far ho Ip aho had reooivod from her colonial RmkwmMm* the situation • wt been WBF Bl M •• that OB de mpomred r B felt not ocmorlpte* but wotmtoeoo fun all op . 1 ter* ritorlea tender her 00 atrol. th t wo absolutely noommey for r future security. president if thio roforrod to the ierrl* turieo ooatfolled ?-o atstee as wll 10 to pwamt colantos* asMneeoa 1 mt Freaflh MB the aaareet hours of OfMMPf 1 tMM '' ' boon in x.' '3d. > I ' .. ■ ■ ; V ■ X Loam but an attest WM be mde to do so. 11 ■te f< trie mM» and c at keep the mole of tier at me point. Amrlm me far amr# and oould not tan ; -t bm Ib Mi eMtelMB if fimM &Bi hMm of gm tiMI and the peaee of world were to be I oust ■ F?on©e in a p IB position. Amriea was protected by the Mb breadth -of MM* oot Great Britain W her fleet# if France me Ml ba be p©r?Jitted to raise volunteer® la the mder her aMniMßmiM* - poo re inht asp such ossd would have a grlev* auoo agalnot the Governmnt. ■ ' • : . ' ' .. . ■ ■ ' ' 1 : colonic©, at the leglxedng of tills Groat Britain hod forces in Uganda eat Wlg<:l ©lee feed force® in Senegal and other tenttories* but these force were IiMaMI solely for the defeme of those tM&M 1 !® My had never raised* amad and equipped great forces for <m*rylng on offensive operations outside WM terrttorlee* • • QtaMMMI observed M I HhdM* th® to raise forses did mist# Mt Lloyd George said that there® as nothing in the clause under rwleW to prevent volunteer force® belrc raised. The wrd# used were 1 "Fer other than police purposes <s3 the deftnoe of iMltaM** He these word® - . sever the case of France* There me nothing in the domomt e Mid prevent her doing exactly the- Whi; as ehe W done before. ffict it did prevent ma W Mrd of thing the semn» m UMly to do, mmly rpcnlie great bl 1 oilcs in Africa* to be used for tue $f elec ring everybody else out cf that cauntsy. That me the wowed policy of Ge^nny t and U . - me to PP - "P.P' .-1 - pp "hhop ;’ ho.p ••-on .. ■: P’ k, be everted, the >aa© sort of thliXi in Afrim wear a® 1 Q 1 1 . . . . . ' . 2 , 2 1 ; P Ml I Dri tain MB at MF there* <Ul® being good . l: '-'^P■■p:';:/; ■ ,v.h' .. ‘P o . ... .hl; raised to agiinot other in ’Siare i’m nothing in this doowwni |#mM FMM raising an My or th"' ■' q: h-r/ < rf lPj.p.\c 2. M» ClMmcer Id tiM if France 20 Uiq MM I ‘ F Met troor friexm ierri. i wider her control* he M&d ®M for nothing mb* : ■ . 1' ' = • •'■ '• th® mm rights she had orwlemdy Mjiyßd* Itw resolution pro* Ing oil the mMM ©nd frm raising great am&m* » g&MBM ' ■ did OMI 9 - 11 UM hl 1 t the mttar MnM ba md® 01-. and ho did not tmt sjnybody to mb tell Ula that ho hod $Mm mw fm th® ®gr®Mmt« If Wte clause meat Wit Fiunc® had W right to foloe in the WM* tcrlm under her Mt rot in me® of a gmeml wr, he me t* hloyd Georgo sold tot so as h clcMw®ot* did not train big nigger to ~uwa-.:s of aggraeoiott* tot we all to olaiue was intended ‘bo ugsiash & Clocaemeau eaid tot ho did not tmi to do that* no toroforo mdorotood tot .h% Tjloyd X b.Fprebaticm ;n 3 adopted* • . : . ; . . . .t< . - - . ' ,- - ‘ ..U ■ ■ c : : ..’ \ i.K )i? ■" ) ; .Q ..u clmeaooaii that iw tlofted. *jho r 3 n eor.tiin tiw following otatonenti ;? :hc mndotory mall not imMHIA ka th© terrltoxy allitaiy or ncw&l JMOg© Ml loobl native polleo ■'■orpoeeo *xid tor bio desfona© of torritosy** Th© *. hv?.xn ■ .d L?o -.h -hi provisos •th is mdorstood, hoowsr t tet tio troom t:w .nlood -ny, la Hi* MMI of © 'MWti war# t» utilised to ropel on atinck *1 do foam 150 of terrltoiy outside.that to tar rr.:ul3w, n " n € r dates deeHr® that 'nilitniy tralhUg of natives, othaßiiae tom for yM *rml polios sad ta© local dofome MUI *0 ywlilMtod* ?m*of M M aor .i.x- Ol established aor -ortHiostlona ©reotod in th® territo^ 0 ' * ’WvXslomi -T h. 7 - , . ; . . ic '* l . .. u ’ . }. h, _ . n , ' /r:ia, Artiole dwenteea of the :>adate for statesj X . .. .. . . . ■ tool* the MM* MMMM ' .wwtbn of peoo© and ©£de? t and also for the deform of ths ©amtry, subject, . k© th© supervision of y> M :rll ■ ■ : .. . „ r . - > . . . • - -o ' c .- t :©h ptti Ml or air i - dMI ln®d by Its© Administration of nothing in tola article shall preclude '.. tim of idlest Im fma'contributing to th© ©oat of the aalntr- : J* . . ' ? s ■■ r ~ -xy-j - y- o J n.- — s "d ’ r ‘ two the rondo# milyym end of pa loot. Im for the y-yn-r.i'- -I - ilcn--? yd fu v/o Xny: -x. r y ” ud . , Article fco of the mndat for rorld«MJt The Ito troops in the eoM territory for itc defbws Tt Bioll further bo e.<mor®4> ■ ? ■ ■ ootabllohnmt of tc omnlx* smh local - ■ . ■ ■ ■ xd tcsy> sot ' this ! me cad elm for the ijalntmxooe of order. Tiooo local furoc? ;ny only bo 'xxyy fi*Bl til Ixydyd 1 IBs BStt ÜBiW» said ehall thereafter bo mH the local authorities x\d< 1" de / >■ trol nhleh ths asodatosy shall retain over IM mb* It shell hot be mod f I er the I Me clflod the amount of the ■ - ■ ■ - "*. <", x'. ■' ■■ . . K to Mee mo of the SB&Mmi and aceno of mm ontloa of end Lebanon $r ths of xts trooja • :rxt OX nil on ”' : d.i nu ’ V'-x 'rd ■ od'y/ / y’— x. */x ' ? x cy iiitmie - m Brest h<taln ni "' 'd . .; d-y n’ -X ■/■ -xx.-' ■ x-> ax- xdxx’ aesletemo to the e med form of-QI 1 freo ttMB to be egreed by - 1 do« n «A . ’ - XX -■ ■' -x X 'X-. y ’ —■;"' ■ I.XX ol xy ■ . - x -xld- iggt BMit WWBMM bctiTmn ?ontr-cWr WfMhß oyd OMMNft* < ।ng Gated to v no co».oail of the of t ' 8 • 1 ■' ■ : dx .. .■ • ■ ). •■tx x - y\ - -sx lx yy* d-yo yl" -vx 'yx <■ #y - neoc.dn 5 x J* Van flees a on the subject in h? d*r It with the ... L n .l . I —■-"?.. , . "Ln ppi J pPpp’-P nPppC;; p Iv. xnppp' pUpppop-. tu dr ppp -LM . io the woe as that Mwlved & distinct ■ cter of ths .. • n ..1..- status .... p\ , . ' r . n n"l pp .P lapoaed « . - * It osmot wo of a tev y nhlnh M legally ttetlhet f#m Its cm as a lew for Ito nillWy or oyswtdbsi B J in Vw Hito It oanßot mho uoa of tho inhabit . aoeh tesriteey aw nH 1 lornls . Ung then mag forces# such 1.. .... POP ' P '.. 'PP . P?-. G PO .0.0; '"V .■ :: : OP*. tod V- ;• .J-,'- • ;J .. r- -G.c ..;„ ; ' xr\d t'ljy ’ r r nrilOt.” .. 3& b»o« *la Uli of tills principle;* .U la s&agr to liw wtabltahamt la terrlMrloa oater .and ।■idate® ef Mlitary QV / A ..U-.pl tn? np; ? .'p • '.Jn nL :■:■?' j lou^wtwd. . .ac;i uro uwd e&aln p L ’. . v ... . . ... .L 1; P/'- PP' . p <• ?■• Up t ’P'.<y If 01L.... , . i|f mac of forace th® Me I las or Sb ease of thaae muld hr if far the defame of Ute inrrtloary OfMM a^roB®im» n Be aMo that* MA* lh e iittiillM euthors of the isandates re el . prms b so that on* i f H» . ..L........ n- '.P .. ~. L.L./., ppy ; _ ? .1...,. ivLvp'- ' ' n ■■’ P'p j'n L-c to . . pu. 4M sort of dafanne' we atOiM Agaiast ehet kind of awayr* emd enier ehat €lroawt*wee? the we of native troop® Wf not peiMwlbl* for defense ano or m* |MMB with midi Mie mandatory so© at mrj ouoh m intorpr tatlm sould oaks Mie ree» tristlon ontlroly superfluous. It* Werefore* fallowed that in under *D* and mudatos any of native millte.rF feroos whloh use net in aoooitem for the mlntenenoe of order and the defeme of the territory in the limited sense already ©plained would be ooutrary to the spirit of Mie corennnt and of the new» date* How should the military ©louses in Mio Frenah mandates on the Qost vunja uc X . ’ .. . . ’. ... . ~< ../L, ya tuc a;, .a : .a n g. ■ rcoolwd that In tkje of I ranee is obliged to aoapV nith tar ■ . ■ taring territories under • end •( • mandates* which means that* in spite of Mio aonaossion •• nd in the second of Article ihroe of the mandates for French Togo* land and Mio French (Maroon®* -1 nerol native military a, for instance* conscription or m~ limited voluntary enlistment* would be contrary both to the letter and to the spirit of the iMdateee In the ©see of a whoso character me ©ueh that it boos os genera V—this is • question of faeV-tho mandatory pot- 7 be authorised to tM la |Ot of the world Woos notivo troops In time >eo©« were used for looal polios purposes and loeal fenoo. mile tills interpretation night at suit the pow amaemed# ... to &• ' |MN| W be ■' I BNM be allseed wlWmt OB lOBRMMMb BBBBBWb Article M the BMN ■ a zmt* At a later moiißii *» autolith a Me vieas m eubjoat. BB pel>te4 oat h.\ □ regarded fartlflmtlami and or BMMI IMMi oaltion ma <ulte clo the power could not dstablioh them In tho territory under enndato. But as to military org nivations which sere allowed In the territories, Article Wn-19*00 was not clear and the mandates theuselvos did not make Interpretation easy. He thought that the clauses by allowing native troops to bo used for the of tljo t< rrltary* sanctioned their employment outside the territory itself. In the Great the French troops in Belgian in defense of French tor ri to ly. B if Wxpnyllca, for ©sample, wore attacked by one of its neighbour®, the defending troo o might carry the war into that nel^baur territoxy in order to force the latter to mk© pcacoj by so doing, it would still be defending its om territory. It would be absurd to interpret th® mndate to sum that troops levied for purpose® of defense mat stop at the frontier without attempting to bring the to a de* eloiw issue.• It ires In recognition of this fact that the counoil added .. cAao h Aa A'Attx a a A/- 1- ;■ A a. .a. , '< a. a '•At m tin i-vonh of a general war, local troops could be utilised to repel an attach or for defense of tno territory outside the mndote. rhet did th® tom war H kiply? Fran the standpoint of the mndatory, it would appear to man a war in which a power was called upen to engage all its fereoc. If Fra-noo faugnt norocoo, tills waM not be a general mr> but the late eeta£lloi, in whUh Franca bad to mblllse all her soldiers ©nd defend herself by every at hand, was beyond a gmwril aio tom B defense of the used in Article ?»onty-Two did nut preelude the of troops outside of tho territory* Tao next ruestlun ms, shat treopa eould the mndatory ihe only way that the terns of the mandates OMM be brought into harmony with th© cloven nt was to provide that the powsr not oßgania© native military foroes in ewesn al’ those required for police purposes and for the local defense of bia ii adom; territory. Only *Wo troops thun nioed’' ohwald bo used in Uic lor TOgolund and tuc in We event of a w.ir #i and ior Wo dofenoc of We territory. Tnr aomluaions ;■„.. d’ indrado. roaahed follow? I, The . midatoiy cannot establish any mvnl or base r II» Iho widaidry my not train or native except audi as are nec&saaiy for police purpos a and for ■Ui© loccl defeuao of the t. Tritely. THT It :la the duty of the v..raqimt yandotes ConrdLaoian to cone Ido r tie conditions of nitlltsiy and arbitration .. tMdtaMd by the «&!» if toeh brihilng ar inadequate or to Infora the council. IV. The usands'toiy has the right to eoploy ’Uxc d.libajy forces thus for th© of defending Wo undated iorritoiy at a dlatanoo in the uaje of •«*&..a, but it can- not do 30 in the ciee of *C* mandates. 11l the discussion of h. dhWdrado’a report, h* does stated Wat he willingly nsaoclatcd hVeslf with the Hot three conclusions but oould net subscribe tc 1 * it did not draw uy various oi *E n agenda teal there s uifierenoe boWem the of rrs-nce IM the and in Mid uid the rights of - ' 1' ' t . :. '.. . ... .. i ' . ’ .. . ■. .? . b texts of the french made tea were the only aws the special clauses which granted th© rljat to use troops in Ue event of c gonoral war- He agreed with n d t Andxud© th t Wo exprsaaian ! ’W troops thus nlood' 1 meant thus raised for local police purposes eM for We defense of tie territory. As to Wo tern n general warj he thought that t.ia ma essentially a question of feet. A criterion nhioh could bo used in all cocos me very hard to detomlm. Sir F* painted out tot to issues raised nocued oouetot acsdoal© since France had given tier nssurono© tot oho would not rocrult natives of Mi© * undated territory oven if they volunteered outside its frontier*. Be believed that so long *• IB* troops were engaged in th* defense of the ter itory, toy noed not nocconarlly be ©flayed strictly within its frontiers. In his opinion, the tom »local defense* used in to *C e tinndateo had til© meaning which M. d*Andrade had assigned to the French mnda tee—that tn© troops raised for to def eno© of tlx© territory iSight be employed for tot purpose in or near til© territory. He was in accord with j. d 1 Andrade’s first and second conclusions. As to th© tnird, Ue agreed tot If the troops wore considered by to tsanda too canto ion to be o?cc»» give far the purposes prescribed, it ms th© duty of th© CorxAssto to call attention to tills fact, but toir adequacy me s question for to mandatory alone to judge. ll© did not agree with Clause IV, for, In his opinto, it was covered by Clause 11. me Chsirmn stated tot to question of interpreting Article mroo of to French mads to of to R B* type tms eittrcmly dellcat© and that th* Coanlsnion, tiiac© duty it ma to eupervio© to ©see®* tian of th© provislms, nould be o«\co ding its powers if it endeavored to settle this setter before It erwe in actol pre ©tic®, ne referred to the origin of th© clause and to desires of M. cleseneea® to secure Its ineertian in to smdatoe* Frmwe took poaltion UM she Mi igd ar 1- lowed to use tsoepa raised in logoland md the (Wromi for her dafoneeon to niilno ©too, if she lost to l-Mne* alio would also lone the caioeroon® and Togoland. M* IWpparf* emphasised fee pMri&Bl uselessness of fee dissuasion which had jwt felM fMNe A general sm gcxj Id Mmßm only three situations In fee first pIMM* war could arise in fetch fee BBMBff fee league of IMMb MBI IB applied BM WM would lend her troops to MB OMM enesy. fa such MM It would be ungracious m the part of fee league 1 fee asalatsmo &$ supplaamfery SMfO f raa fee ter n tor Ua Mob BNM Mm bo fighting on fee side of fee right, secondly# MB! could be a fIMBI ear in fetch MB BBMMM °* bOMM BNM not be weed* m such mfelng fetch bad beer- luded on be* half if fee League MM rcmln vr interp rotation given by fee Comic* alm mM be no more roapeefed fem fee alauaes ef fee Gwmant. m fee felfe trnfeNßie Frane® Hmmsl be guiltjr @f a Brmfe of fee MtmM* If fefe fem Id fee MM net allow herself to be feAMMMf by any feMßffeßlM placed by the Camiaeion m fee mo of troop® of foreland and fee BBBBNMb Bfe feorofore, doubted fee utility if mMBi of interpretation feife were so delioato in mfere as fee one under dfMBMBb It ms enough to ogme feet fee forma roferred to in Arii©la Throe MB ■ those ralaod for lorn I |BIB* MBBM Ml for fee defeme of fee me* doted tMBffeBB Me Fm admitted feat fee fed no prootloal fepwfenoo st fee MMl| yet fee dloMadm had fed fee advantage of re* elating fee FMM Ml flM* fee right to dm fee feolo native population, of Ml territories wMr mfeato into mt Mf felfe feme goner* al» M» Orta fee Mfeß&W Mt fee OomlaMon adopting omaieient fee olaußeo* M he insisted feat no rigid rules Io aompted* For ©maple, W Mlomß loosed MB obligation m fee on* -orim to prmate toe s&terlal and uni advammmt of too natives 7 tel it wald to a Matteo to try to detemtoo exactly too wane tetto eate mtetoagr power toould me to order to fulfill tola obligation. 'le deotorod UM dwelopmnt of pHMWe peoplw could tec don differ* ent Ewa, and these .icons would te smh so were pr@pw to toe mttoe gmtost tradlttomf and toe politico! end comoptloas of each nantotorr otate* wti M|MB te all equally good. Ite VtoMMB e totes would foil to their to to if a listen and wthod foreign to their wore upon toMh *1 dtef if the Cimleoton Wfw ©onftoed to dIdMNMM toetoor the 4MteMl to the definite obll* fMbMI turned tom toe corrnmi and lr too MdMMto and in addi* t tlm# Mtoln the of towe ante# ttef wre perfomlng their teto in order to Justify toe omfidemo reposed in Hmw 9 to IMMte Ml* MBNM tost toe temioalm tomld coneem itaelf with MB Bl tW BNMB ted ahoald not spend Ite tim BmMbl alto biypotoetleal cases. 62; 1926-27 Beport, 55. . SW*m WK 125* 2. :> WSr» Jll son and Ho rid g-ott ler.se nt, I, p. 425* land employed J89,0t)0 colonials siS 137* lee *• 120* •$» aandotoxy alia 11 be rsspQnalLl® Xor.**the prevention of the ©etabllehmnt of fortif leatiaw,. 7 and naval i id of Mll w tarp training of the-natives for otacy tTM > \co 7 ■..- A uc- cc.,y of th® territory...® '"m Mn* 90th . . . x# l>o- See Article J of the French mandates for Togoland and the Cameroons. 151« See Article 4 of the ”C H mandates. /XX Xx xx x X/ ■. Xx X” ftaWmei Treaty. XXW» W 4 *£• Tsh JG0O«, 136*00. 5. APPLYING THE MILITARY CLAUSES In spite ®£ toe prowtelono to the i rente *B* nftndatesj the tee led too owemmt to agree not to » wdm advantage of lie po* BMlto This remit ha® teen otelwod by the of vtow tetwm Jamter® of too BBBkN M toe Adolntetratlm* in a d Imus© ion during to© toted m« Dutesno assured the Oomlmlm that there ted teen no raising of troop© to too teßteMß and to Togoland for sewtoo outside the Mandated territojy* Be stated# toot the French 8188 157 JWit reserved Ite right of recruiting troops to toe wont of a -cn&nl war* Itw natter wae reviewed during to fourth session* sir F* Tigard enquired whether the French govomient olatod the privilege of recruiting natives of to sandaled territory outside the mndotod sone. to British Oavenwnt* he recoiled, had agreed to abstain frm thio pmotiee* -b Du- explaincd that in time of peace the French aovom-mt enlisted ne* 158 lives for police purposes oily* In its report to ths Cornell, the BMmtoion noted with an tiefaction the statement of 3* tot Ml A&ainietertinn would not recruit natives of the mandated ajw Mio proa clitic ed theKwlvoo for enlistment cutside to boundaries of such territory. IM tmeldered afMB the aiath aeeslon* M» Wn Reee sailed attention to an eftlelal report of to French Chamber of Deputies shleh elated tot *to 4MB* internal situation of this poeseeelm fthe CSMoroons] should ana tie Franco to draw an it for uillt'ry domnded froa the Frenih paeeeeelmw in Afrto« n and that s the colaalee should supply Frane* with o native arqy /.icthod tolly recruited t ratotely organised 9 and speciolly toinM« m 3 future conflict BMt4* oontwiy to whet onoarred in 1214* have toe weapon ready to hand, He atod if tills report had any praotioal eignlficanoo* M» DuehSno referred to to special elsueee of the French oondatewt gy mean of these provisions, the Frenah Mlltary authorities had considered Wat they should maintain the gtalM fortes of French West or Rqustorial Afrto and the to undated territories cmder the earn coaxand with the fosaal re tai that in peace tta the soldiers recruited in Tolland and th® gM» eroom should be ataMtata ployed tn these two territories* Hile confUalcm# shiah waa only an a om> bet wen the ioXlitary organisation of to French African col onion and to two torrltoto having attracted some attention# the Frmoh ggMBNMt wished to mw® any Mound© standing* By virtue of a ma sure which applied froa jancry lot# of tala year and rMch, in cmwtqumoe, did not appear in the report of a dletlnetlon iisd boon mdo betnoon the native mMbM Ml might be recruited In Togoland and the camroma to be employed there peace W» and [ ranch native troupe recruited eleeahere* since that date tuoao forces wore not aily no logger aiiom cm the Fronds budget, but th?y const!* tuted a separate militia absolutely distinct frm the French native oolailal in PogoWsd, cos iloslenor of tho French Republic had gem still further and considerod tixit this 'Ublic Faroe might bo diaponaod with* thia ranwed all coniXielan, apparent and real, between the foroes recruited in the and in Togoland and the . roadi colonial arqp in gem sol. y. also present, added to the explanations of y. LachSim no st tod that, in one of th* two oasponi** then In oxiotenco in Frendi Togoland hod Men oont to Doha d,, but in order to obaasvo the clauses of the th© soldiers of tills no re stives of Togoland «ero from the troop ami attached to a Compaq staticmed in the north of Ui& territory. Ln iug*land # thanks to tho state of public ooearlty, there sas at present no Mlltsigr only a polls* 140 fem being mlntolnsd thors. In Ito report to the We Ca.>* n&eslen deelarodt Gcmlttslan. notes rd th satisfaction according to We the eooredlted MgBBIBBMBe • nes Mlitary organise tian has been instituted in Sb tr ler pwneh mandate oWea January let* that olme then «U the oSSHNB fdrooe hmre hem a tMtge the Icml Moeto WB are mt 1 rely dletlmt Mm Wo military fosMB 141 of the neighboring French The rrmdi AdnXMotmtlon appears to ebeewe the terns of Wo mandated Wuo» the Oeport on OB Indloatoo SBt 4MB Q ro iMMBIMb mwl or Mlltary MM® or OSBi MNM in We territory* the palM merely mintaW Inter* not MM aM atM if to defend the MMMB BMM 14§ 143 vneion* ~ '" Hao earn policy io followed in The altuotlm to the mBWs an Sb SBt coast bee glrm Sb aoMtailon We opnortmity to and ogMSMb certain fftsMSlOß* the third waelm» nr» the British ropreser . ? t mdo the follooiog OMBomNB Mth to Article Hueo of th® British mutate for the oBowms f no special force Mi boen raised for th© defense of fie mndated territory A 08M|MB of the Wird BotWlim of the Nigeria MflMMe MMM MNN* IRMBB* bom stationed in fie undated territory at Womta for HB mlntemneo of WM Sime this company MB tern stationed IMMb ® nM*r of Wreow mtMs Mi* >roomM t»tlwa for m* IMmH .. f Mtj 1 hHMmI ooi poated to the Wotaß ompanleo of We MMUob» It is I I point raMB hr ZWMtoo WMMlm* as * oMM oMletef in oar unit of the Wet tIMM. WM tier MBB Is IMbX® to MW in c< wet If 00, HW point to be BbMM wi® thotbor Article Three of the ehotilO W oonstruod as promting the MNB froa aowpMng natlwa of the awiiaWl am for er> MN* before the amSato me gornto HMM* mlled IOsM to iftMß IMni of the mandate > ®hMh forbade toe d***MMH*MI in too ’ of MUtei? er asvol tooM* or the eroetian of ew fortlfloa%tom> W too of mtlw toMteV* **MM* eaoept top toso I poHoe purposes and for toe defense of the terrt* tMto ne MUMed tot Mb* forbade too Imbmmlmi Ito Milton M MBBttMMtoO to too moated mb* B*M onto tol Article Mt* forbade the organisation to the tofrttoM Itself of a force other ton tot nsoeaa&rf tor polios and total deform. MM adeantogo ' to total of time term to BMnM** as leg it to to • pwottoo *MHI omelet* ed to etwlltog MB In to territory to B*B to *M* tot thBM m would to put into unit - in to otor etoe to to to ms of to optoton tot it wuld be 0 MMMb of to prirolplo If mttow were mM fBMtMB ouewm to Mgerto to to xmmmMMl tore. After a brief dtommlm* to MMoton dealdot totit would to to toe p-rlmtplea of to* Conmant and 4 ln gOftoOMtoto to iMtioto of too oratoto for to- BHtito oamrom# to oUiMtoO fOMOBMM* to MO W to @Mto of too snodaW to too in* MM* of toe MlitorF foroea of too B*iMi*f Oitside too mndated ' and in its report to to onMt Mi mmtoMly of the diMM that the spirit# If not the letter# of the mntoto mm he violated if the Piloto IM mWw of toe wteU4 MMf (wherever Mr Mf fMMI themelve® for if Mto vise to MF Millry corps or body of *mM ~ whlohlo not permanently wrtswd in Wo territory mid wait oMM for its Mm or toe- pre'S®mth© of or M it# M|i M IMritot water Article 1M» We msfitoe for Frendh Troland mt the freneh Cameroon®. A mandatory aay not odd to its by dressing ua to population of to mandated territory to supply soldlere, reservista or pg&lgs for ita own forces. I ’ s In lie of June 9th, 1226, Comoll endorsed the principle 7 laid down by the Coaolaslmu sWaile, Great Britain on W 4th, 1224, sent a co i union tlcgm stating that its alley had been into co..xi’ur.My alth the vlen® of the an the A letter ftw the Foreign office,addressed to the of the Ifeftgwetetoted in I an now directed by FSn jecrotary rwwsay to Into you tot Ills mjesty’s haw decided not to maintain their to recruit natives of n undated territory who aoy present thmrnolvco for enlistont in Ml© goaty’s fore a outside the boundaries of to ter* rltoiy* Shllc agreeing t t this rule Me Qov* emaont wish it to be clearly underet od Wit they recede in no way from the attitude taken up by their prsdoeeasow as to British sovereign rights or British protected territory* Way desire, I v r, to pay duo regard to to view of to penaanmt 3'nd to c&ssleeion end toy h«w>therefew» issued diroe tons to to of Nigeria and to Gold to the effect tot nstivea of toMM territories are not to be accepted as rocrulto for the Soot African frontier forces rhetor toy present toaselwe for enliatont within or with* out the boundaries of the coloniea. rtructons to oeet to ease of to King’s African gif las nd Terrltoy will be sent to to Sovemoro of Konys nd Hie contents of Ulis letter were exn-Mmd during to fourth aoaalau 1. Van 'W, acting a© rapporteur 9 prepared a mmractoa dealing with th© issue raised. He indicated tot, as mandates affected to (WaiWMßt only of to districts under to mandates ay© torn, to voluntary mU&tont outside thio district of natives originally coxing fraa ouch dietriots coaid not bo regarded os prohibited by the mandates system* iwertheleoo, tiiere mw a mural obligation on tlw mart of Vie mndatoiy power® not to permit enllstamt in their colonies of troops froa Vie mandated terrltor Further, since the powers were forbidden to or •/’•nice native tary forces in the mandated t^rriVaries essept for looal police and defense afposca, the ejillotmnt of natives for Mlltaiy or police service Hoe- H 8 UN* would appear to contravene the Spirit of the aaandote pMHMMMB* In the discussion Shiah took piece on the British commlc Uoc, )ir 1 ♦ Lugord explained Wit it merely stated os s general principle that the sovereignty of Great Britain over her coloWec and ro tec tan too could not bo inl’rlnged and tint Wo decision of the Driticu should not bo a rcecdant. :jr* odd that the British Govemaent rarely Wat it beyond tiw coupetcnc© of Wo Ccmlaalm to any We Oovemx?nt should or should not do in a British colony t dhe Ommwat hod the rl jit to fhoilitato ar preMblt Wo enllstamt in Brit* lah colanlee of natives from moated tcrrltorioa, but it had agreed to forego eudi r&cruiting* thtfily oonfoming to the wWics Wi oamlsslon. Umbers of the Qamisalm agreed tlwt had never intended to in any We sovereign of We British m its re* port to the Caewilt the casniaaion reoognlced tbit Groot Britain had the 130 r to enlist bio troops lyt oelocsed hor oßreo.icnt not to do ao« A different af expenditures an nilitaxy forces*** ha© & risen in cm or two co© ©• BuMrtg to fifth ©cesion, air F* pointed out tete in British Troland to sub of 18>600 pbunua,. ©te teM* for ’police telfteßb a«s»sd BW I**B©• Hr* Bewlande, tel r©p* said tot this included the ©out of to ?rev -:jtlv€- Service# Ills ws not an ©mod forue teßte ilf MMrs t ßio really cwtom 1 Al officers, carried rifles for seU*protectlon» "" ’ Thio oxolanatim was 132 eatisf&ctoxy, no coxMmt being osde in the report to to G® met I. the situation in teWtetet iM tflMB >teß t© MM Mtete problem* During *to fourth ©emim, to ©ailed attention to the >C[>ort un* 155 der review ’ ■ahloh stated tot th© oost of mlntaining to military oerriee for the flsml ending wr©h Mat, ©as 160,>36 pmmde, and tot of th© police eerrto «ae pomdo for tw period* Only pounds spent on education md ZJ on mdiccl end oonl- M? services# ashed whether fete earn for defame were Mpt* Gory in -pangsnyto, wrAch was surrounded sy other British poesesslmre, and where there hod been no rebellions. rateHM* Bit tot this expenditure woo earned by unsettled conditions following the :>r« to gMA ttete bad bMB IMF unstable ml tel Gwemor thought It teMtete to ®a Inta in ® military reserve for purely Internal rotectlon* ne pointed 134 out tot tee ferae© bad been reduced during th© past year* the ninth nasion, the Chaims ©aUsd attention to to large Millry WlteteteMte In Ib© territory, ne enquired ©hetiwr It would b© possible to redua© the police force,' ftp* xoti> th© of He 10l ropreoeata** MM* replied that at preemt It we mt prepped MM.M9 aelng to the aiw of the territory end the eaall&eee of the allltaiy fow, Wla eouree appeared Owlimn pointed out that om**fpurfeh m of the ordinary ex.Altura rent for ®sd olloe purpexm* insiotenoe oi on a reduction of the fores bare fruit, 1M the idoinlatrotion ©mop lying uith few rsxKiwnda ttas ix<do. Unsettled conditions In Byria necessitated to -ronch resorting to strong assures In an effort to naclfy the cmmtiy. Wj entire .jilitary 15? r<gto two bom to mb j eat of by the Camleelon. During |M MMrion* IM CuMiwn ceiled «MmMM to MMF MMMMB for pcli<»f # did aM include that for the Ms» Frw a Mg»t V\A 6 f S(X},CKX) Syrian mMs* 1,300,000 were rsg.Umd for public At a MMMMI MMMm M MM MM MMMIM M mMMbM MM Mt Mm aade IMt IM amgr had been diaMMt hr f he Fremh in MMM a ting clrct«3Rtmwea • ude calx explained tot the arx* seen raised to the MMMM *• thm mtoml that it MMM not be MM MM*» IMM MMM MMMM MM MMM* cratara irtMl that the petition® charged the mndatory with haring otab- * lM|lt • Mfttat Mlitla after the diaWdi the Be hebed for the- proportion of Syrian® in it. g* de Ola roferiod bio to the 1904 Be* port whioh airaed that the Syrians far cotnuaberod other netlonale* its eighth report to the sHNftgeft RMHI 'rtlcle Too of the nand»te> it to open to the powr» mtH the entry in* to forge of the OggMg 1M rat the re*e®tablioh4mt of | security, to ©ranulae Irai ailitla* Thia is an option and not ra obligation: I* dlebMding th* 4 ■ -lan 4ggg| which ma minted If a epi- >arly iratlle to the amdotory the he® IRt vlo* lated the tcm c< th® mndato, '3 to alleged anti the ohioh tBB hern deeded of the trail militia* sort in eg th® rawrai In gee 1 ;/ frm HfeMl recnsito could be dMM| »nd th© owt of theft and gig® The doe® not> ' thereto -o, com Mer that Ibra la roran. for 160 addrcaeing reraswadatlm on this oOjjcot to tlx C -uneU. r " lho raadaeim Ira Iran MMMb to th® amdatory • frw hand in g||fßMßfthg iwolta shtah hero 4bturW e aawer# to he prwtsion Wt no neaayre® b@ yoed and I rawlatmt polloy ||® followed* It too realised th® fraitftlMl . ? whloh the ranter tra Been laboring and hat I of the mndatoxy in it® efforts to unler. Ml organisation of the mMmMb in Falwtlm has alee . IM subject of discussion by the Ocmiaalon. During the fifth session, dlr F. Lugarcl enquired waether any portion of the forces was supported by the British Gov eminent* Sir Herbert Samuel replied in the affirmative* The British troops were paid by the British Govemciont, while the Palestine Administration financed the Palestine gendarmerie, which consisted of Palestinians under British officers. ‘ “ Th® Report explained that, apart from the civil police charged with maintaining local order, there was the Palestine gendarmerie which was organised on a semi*‘military basis and was available in case of emergency to assist the British forces in defense of palos-16$ tine. M* nappe rd, during the seventh session, observed that tt it was a credit to th© Administration that a country of ouch varying races and reli-164 glens could be kept in order with such strikingly small armed forces THe Jews, however, complained tnat there was an unjust preponderance of Arabs in the j.&mnorie. They also objected to a reduction if the force, which the Admin istrution justified on the ground that order in the country 16h had been restored " The assured the Coo mission that th® number of Jews and Arabs on th® force wore equitably ap- portioned, and pointed out that of the 4f5 soldiers in the Palestine sec- 166 tian of the gendarmerie in 100 were Jews. The comlftslon agreed UM to MMMb IM Mt jWW in this tatter. 1 ? It was wry concerned* MMfe •*•* to gallon M whether a reduction at the MW of to a»M force® Ml Mb be dangerous.- . drew M ato UM of Ml MM to a» MM** mwmod iOa >ol iting <M tout "dr' . .. . ■ . z I - • . .„ : . * me day MM* with - rwmtlag a mhag to MMM tMNM* indeed* would bo Wired to® yoodote s MMMM If tot IM not pMM «M too danger d ? m* at® alm fsMM call the ait ent Im toe mmd 'toe dan* ger of not ®d®WM local MMfe hath as regards toir to * •* ter and toM MhM order to m*M WMM Mto Mom a ■ ow WhmM toMOto of to mulatto* ,f M reepeet Ml honored* British* toile totoMMg to gendamerio# also enlarged toe » police force. 4 fMtofiMF ullitia ms rearuitml - * Mto @w tr<Mlo almg to tMM» Atto to® MM to cost ©ould be MMM bottom palestla® mid Tfsnsjordm in eocortao® with tolr ability to ps|d SB SBMBf Jhaest is Iraq Shß be® dimmed B SB - 169 Um ma WBMMBi or «BB WBbBB SBWBkB fo-tte W aufflalmt. SB SoMl' that Ware ms a m this SMB W ©Msted. as to SB aMBSBISB MMh M» Wi aeso.. IpO-JA. 07. iM., ~36. 153.' ®utco s Ato .eoo., 19s oeo 192 j Rooport on toe Franoh oa erooiio,2/. 159. 1924 Wiiotol jow io, 14<£l wo; 6th esc gapport on Tegel and, The nopport on tlie French p. iSJolHTedi Auoune conscription obllgatolrc n’cat Lapoodb aux InMglnee ot BM organleatlon prMu* m rue I de Ml BM de police here M Tcutefola, par application de l»a ■’tide % paragraphs S, da la f omuls du mndat pefnettent 1 la France d’utlHeer on coe de guerre gdhdral* lea forces obliques du Caaeroun, Ie du JMi 1 1 qu’en Ml do conflit lee force© de pa* lice poaseralent MB 1* cosMadment M CMMfftl caMndant supdrleur dee troupe* Ml* IM torlale thrones Ise Mssrgd do la defense da .jraoe don Colonies de l’Afrique Equatorial© et des Territories du Canieroun, A decree issued in June, 1925, organized a militia of the two territories and provided that in case of war they should be placed under the general command, with which they might be called upon to operate. For "this decree, see Ibid., 169-70• 141. 6th SSS > 172* 142* ' 23* 107*38. air F. in th* plenary MMtaß* Idea«, 1$& 146. Qfelc I^TTai nx:: I 7, M?« 147- Up. v;— n . o> 10f on the Brit* iah camroo^ n • n baa® and no military force# pho ittaM* in the camrocna* It mill* ,xm- a rc\iiF d, ■. \a cii n ;me G eri' d ImG w f We . uZ African Frontier Force, ehow permanent stations ore co sflisd to Higorln# la no recruits MMMmi pf the undated territory for military service wltnln or without the torr 1 torv, * iM* X ,37 * sport, p, o tot IM idainletratlon I® observing"the term of th© SSKw* •••• •» m* . ■; e as., 14 ? ♦ Ml qMMb Ml Ml caiditiona'in finding tham sMlaiWMy* luring the 4th MMtab * M|M Indiostod MM the country ms peaceful mid MM IM mBMw MRM '■■ the mM fMMB mbM* Ing of two of one stationed in and to other In Urundi, and of a MM MB company MMuml M IhnMr-’., MB fell of the county tgjM|Me» 4th seen., 63s see jMd», fth Seas*, yy** 3e^e» > Bayorta 10♦ "’W# seo Copter 17, IM' . !imtoa, Sth geo** Rapport, 104. Wpert* for coats of the MM largely Ml by MM ®K Chapter We Uh 1 ’ ’ a* Ml MM M ’ - "' * Star SmM S» 162. sth jess., 87* Tiio British section conoisted of .4 700 of other ranks, the coat being 198,000 Egyptian pounds in 1924, all borne by British funds. The Palestine saetten constated of eight British mid eight Christian native officers, ten British and ten Christian native warrant officers, Bg Jff Christiano, 1 ruses, arid 482 pal ma of other ranks. The approximate cost was 69,-00 Egyptian pounds. borne by Palestine funds. 1924 Report, 47• 164. ; j.nutos, 7th decs., Ilf. 165. 9th Bess., 200-10. 166. idea., 229* — V5B. •”•••» 12>a4| 1985 Report, >7-40. I&9* Mpoyig Ind looted auttwritlea war® tm&Mhig Wtotsg aa »w by cmserlptim# CHAPTER IX EDUCATION AND FREEDOM OF CONSCIENCE 1. THE PROBLEM OF EDUCATION IN THE MANDATED TERRITORIES A cardinal principle of the mandatory ®yst-w is that the natives mder the control of the more progressive nations snail be dvonced to a higher civilize ion. Article Twenty-Two of th® Covenant provides that to the ’♦peoples not yet able to stand by thesis elves" shall ' bo applied the principle that the well-being and development of such peoples fora a sacred trust of civilisation." Iho "c** rand tea declare that, ’’The icndatory shall promote to the utmost the material and moral well-being end the cooial progress of the. inhabitants of the territory subject to the present X mandate." 3ie ”, r aandotea provide that, "Tho mandatory shell be responsible for the peace, order and good jovemaent of tile territory, end for tiie promotion to the utmost of the materiel ansi moral well-being end 2 the social progress of its inhabitants." No stipulation of this kind is found in the " ” jvnidates, but Article Twenty-Two declares in respect to them that the mandatory "shall render administrative odvioe and assistance ...until such time as they ©re able to stand clone." The Comission has itself vi;h the educetioniel problems in all of the territories regardless of their legal classification, but Ito attention hea been directed in the main to the special? problems of educating the aborigines in the "B* and "C" areas. peculiar flfi'icttltlee arise in these uore bno,;word reglaw* An idea of the problem my be had from a Esmaorandua sent to the homaiselon by the Director af -dues bion in South-West Afvlas. It tie traveller journeys for hours thrmgggMttt thle mandate eithaut seeing • algo ©f rwsm The ooab oandltlon of the l&tieß aMes it to hr * to the child £ th* ©lilM must be taken to the nchool. Hero is the first difficulty, for HR ne rents declare that their children are naedod dt hme* HMM ©BiMM* acttlmSnt la found* too often diversity of languages neks o mnon instructlm aiaeet The problem of ©duo tion la briefly no follcmi (e) Xi io dUMcvlt for the European to the wntality a African native* Bl© outlook on life is so totally rant ft* xt is ©l* aoat Xjnoooible to av Id clashing with hira (b) Be duos not IMS that hence ty? sene id- ©ration to others are virtuoa. H© aponde hie Ilf© in hunting, in which pursuit he regard® cvejy we as fair tw get hold of his and an idea of nwer mteiv his hind* (t is XX' ho Hee Met dam-end chased all tew away iiw his surmsidlngs, han dug oil the edible? MMs and taM up oil the fuel, ho M a bl (d) He in unclean in his habits* Xi is for Icem trouble to hits to bum one nut end build anutlwr than to try to keep the hut ©lean* ld©« of improving Hl* piece where hi Ww nw r enters his mind* Hie thought is, 8 Lot aa take a© m*h as wwa out of tuio plajo because temrrew we ewes elsewhere 0 . .. . . ■ .. ohm he live© usder civil ired condition and the fGregolng in- no longer ar ' t is found that frm tlm to tlm he still insist* on making a change fH* no ©ff* NMb Th® jccujcc ao strong tfet he iove. (f) rs a result of this ch?racteristie# th®»© ©ho work e @| ?? / & is . uont- ly and ti» long Interval® during ohich they ri . nullify th© good that hem be <*Mi in the eehoole a large percentage of the children mb* little or no pJVTeus, and became of their constant oming and golngt the clawlflastlmi of pupil# into etandarde beemee a very’ difficult letter* £ ) fhcro arc further diffloultios. The chief native languages In the country amber fours Waa, Merer©, Oeaabo and lechimh In accordance with to principle of Im» all these languages ore taught la. M schools are eimltaneouoly ‘y culldron ho apsah three different languages, and In practically all the edwola there epaa&ing two different languages* Xn oaoh school one of to two official of the union of south be t .. * list of four language® oust be kidded Bnglleh • Mu 'Hila ohhoe a total of six la:ijmgcu for whlah we eiuat piwldo* (h) 411 the native spools ere giusto tional uisshm job it do Mthout I ’ld« ance of tne local ritoionary. ihio fact, and to fact that the aloelonnry Is to only loc 2 . It th zid?uC(> . . ; .</ ? . .rt, ■ "/ ■ c. . h t a.- <0 considerable tlae to coo© the schools sill how to be on as rormlnatlaml tna titutiano. £1 schools, it would asstter® if the pupils could be diridod in io th* ditformt according to their hone lonfile etteshsmt of th ive to hie mm phrttMto? ohurci la, riowevor, oo tot talc for tho prosent le not fusible m any appreciable (J) Jur native teachers are wciy poorly Groot all faeilitiea fox tr*inlng teotora M with that at tiisee te&tfMh have to bo I StMl qualifier time do not extend beyond being able to r? d 3 write and apoah onr of to 3Lt languages 00 finally, there is a dtfthtaK&tp which WdMhNrtb Africa ;ihs in caxjm with the otor countries of Africa*. ac» curding to to notivo ideas, the i.mn io to head of the hom o u>dbl not uwe tf* wrh* Bio wife is expected to do txost of to nor!?, and ah© to children help her. ton to children oaa b* op red, they *M 3 but it coxa? iseppew tot a ohhool child has to stay at home to to xlrJ to baby m 3 to tend to aMop or to iwsk IB fields. Furrier irregularity in sc . results. The probit in the r A r territories is different, but it in also ccriou©. accous© of the disinterest of to Turks, no system of pt&lic MM Ml founded by In MM| or Mg MM d 4 edwriion to private initiative. f the trlMMri In these terri I riea ore reported to despise MaMb ptw wandatorleß have tao ob liged to build the very IMtaßp ®e Weir annual reports dearly ahuw* MM 1 M MhM Itai w t Ml Turkish MM ed only • few priory eehoda# which were ©Mended by poor Moslem# a mall mMp normal or secondary octode for We imbMi of teacher® or of MkM for We MMMtal । '4 We wtcus Mil NMta AbotS one md • half Millon fmmi • year wee ospontod ® tula typs Bf etaMttlß by We otate # in Lennon, imtruotlon me fIMI in We prtraW wltieb IM been opened and maintained by the boade of rollslom bodlee# private and by MBolomrics# without fm-i the lo- rn I Migita ISI MMI Msslone mdortook We eduoatlon of amt SM one* - : ' ■ ■■’- '■ -- t ' ' k ’ n.. ‘*7 . ,;• / J hlw>s* of gt« being s@mg Won. Sa FretM and Allied alas lona wre MMI to Mg* Ml c M*S - Weir MBStagl MB tMei for olios’ purnooee. igm md aehoolis twe eap* tied of MM snd MtaMM MB obliged to leave. ■ MIMI VMMNMRb howwor, mMmM it I 7MB its Mdu Bbon S IMM Ml MMta IM v 0 M iMMI *i‘i BMSMii i 'c > v■* : p * t had he be mhablMwd from We IMMte CM Mt MMt of the taMMSe Ml Frwsh Ml about he MMtaMMI t - «hioli had boon and to prorsote eduction. wWi n elew to □ oufflelent of to staff euuntiy* advene I • iMf for 4*l sal nunbor of VMMIt rapidly. In b*ln& onlv fourteen, uxl by .ny, Of thlt nwabey m»*fourth wore affic ’• - ' . jIo mile othere wre private Iswiitntloaa receiving nubeldloQ *Uie prenah 3cv* esmmt* 7n© iMwmltle© tore re*apated and their eoMvitles : . n ■" ... 1 •< : . ■' ■ ' .. . . ■ ". 1 9 □yaUo* * □w gituetlon In prior to tis ar v/no oiiilor* only the late ad trisilane I thsir ohHdm; . • to rollglam asooelation®* in Him otaH w to that In Syria* Sae the British occupied the country in Vl7, they WMtMI the reb tian of the entire educational So 1M& th 35*000 If N$OS I •■ ■ .laetmtlon* a program wo adopted to ohould be opmed Hit following fmir year®. •evt engage to I B©tl th® II f* In ■ ' • ' .. ;' . ■ ' ■ ■ ' ' ' o- tlm> owemnent eohoolt were pH; I tv. 10 J.?n- -- n ■' VI ■ : ■ ■' . . '.- Ov; L,Q? 5„ . ■ ■ ■'.'X' :,' - r 11 fWI la lx ' /'Vii In t'x . ■ :nn The Turkish aystw In Iraq, while based on mropmn icdela, ms a corporative failure. More attention ma paid to to appearance of things ton to their reality, to language of instruction was Turkish, which was foreign to aoot of the pupils* After We echoola becum MH props* gandist and faHiWxy in spirit and were avoided by these who did not wish to be Turkicised. fBBMMM MMB Ml inferior no mBWI effort i oept Wat of /yxaoxy was aomndod of to pupilj We system nade no inprca* Qlun on the oao@ of to people. The Mull a schools taught reading# writing end religion by the moat Mtiquatad ncthoda and in We .oat unsanitary co;>- ditiom. After Wo British had occupied Bagdad in W, they undertook to build up a modern school system on the relies of We old. Arable, the local vernacular, was introduced in the Gwermmt schools as the ciodiua of in* at ruction. The entire curricula were re-organised and thoroughness characterised all branches taught. Unfit teachers were gr-dmlly replaced by teachers frost to training Collego* Today, the Bulla achoola continue, but are not favored by the Govemaent. c»imity sclwols are naWtninad by 0 toiles, ddMMMB and MBMI Ml the esqpenao of the local ccxkimitiea. The Christian ochools have boca'ie institutions by adopting the .atodard priory syllabus and by the absorption of Weir staffs into We cod re of public teachers. Coinmlty oehoolo are under We of each tosi> of thea rseelvihg f inane 10l aid fron to Ministry of gducatlan* atolomiy schools are conihwtod by Wo Domlntons in Mosul, by We C -nie-llte Brothers and sisters in Bagdad and Basra, by protectants in Bagdad and by American presbyterlam in Basra nd Mosul. All these, except the Dominiean checl in goeul, aupplclient th© work of the ministry of Education* A few private ociools ore to be found in tho tarri- 12 tory, uauolly giving only on inferior typo of Instruction* TTTrTLcTrTT, paragraph 2. 2. Article 2. 3* T?&*77• S* MMM .. W»*p 77* Mta of those of were in - Ml taMM' 7* _ a ant Lebanon# 105-11. IS? nimtoa, ;np ort» . < ", □a fr. [(- h ' ■ : ' ft *> uv _., 2. DEVELOPING EDUCATIONAL POLICY The Ilaria tee Comission has played an important role in the educational work of the mndatoiy administrations* particularly In the more backward regions—the # B* and ”o** territories—where mlquo constantly present thsmelvce* Jha Qomlasian hae rendered a valuable service la crystallising a apund educational policy to be followed by the rrapoctivo mandatory powers. To begin with, the Capias ion has greed that the inhabitanta of the *3’ and •( * arena should be led a path defined by 15 their «® racial genius, not serried along the of VMI tnio in view, it has IMMMI that the older of education, which previously led to extensive be abandoned. asllrlng the dangers of a purely literary education, it has taictod that tine moratory priors ovoid The MMMB af th© Comieelcm m this point wag clears ly suMriKed by g. terlln, who ato tod that •Adalnlg tic tars gemrally agreed that the first step in tiw native wag to develop eduga* tian both by missionaries and by any other mesne* A race, Juet as on In* dividual, however, could bo attacked by growing pain®, and ouch sypto.ma were especially noticeable in the MMI <xf young mt&roc who had osiailated wther froci tm lower than fraa the aristocratic oloesos of the population* After acquiring a certain aoemt of education, their tendency we to conalder that there mis nothing mre to be lonmt and t they were consequently now capable of governing their follows. All who had dealt with the social problem of Africa had encountered thia difficulty.” On several occacians, embers of tiw caxiiaaicn have called attention to those pit- 15 falls and hwe urged tint they be avoided. tot type of education ton is favored by to Ccoatsslon? Ihls question was clearly answered in a nemrandm drown up by 3ac* Sicksell, which ms endorsed by the Coon to ion. to pointed out tot tore had been a new departure in to educationa’ policy of several of the Rainie trot ions in "net end Scat Africa. whole educations! ayotesi,” oho said, Hands to becase practical, to raise to daily habits of life of to population by teaching its boys and girls better octode for toir dally iwHc, s iaor@ efficient agriculturWf a acre careful antol husbandry, better myo of exercising to local to-uotriea, arts end crafts, by teaching toa to first principles of personal hygiene, food hyglem, hotting hygiene and village asnltstion, sole toi but not least, by mklng c ■-''retraining the very keystone of education in Africa, as it ought, indeed, to be all over to world« 9 aho credited to dnited SMM MB •' in to prob* Im of negro oduo ' tion, with having originated to iaove.jent. to? noted tot the policy wb outlined in jir ?♦ Fugard’s to ‘landsto and in to* report of to <m Mwatior la ... ric - * c 3 to Ml aMmMMMM Mt® odueotlon in tropical MHMM Ml a double ends M to? am ato> of teaching th® iidlgemm to tMNM* IM MM It MMH of MM MAM to IM OHB MH Ml fit IM bomfit of the MM in general; MIM tM MM® gradually raising IM MM* MMt MMM • MtlMMb ‘Mia required tot both Mra Mt M* be MMMI in to MMMMM MMMI tot ftM* mUiy teaehlng deal Mth MMM of ImmMM $Mi fMMMM Ml M MMMM|I MHb MMmMM MMM M gMai tot to M MM**. M Ml tot thia SMM Mt been yM MM MMMM in MMM Mt cmat> In Ml M to Frwto mntatoe of $MtMt and th® ommm* to tot It should be allied la all to e ß # Mt *o* MhMMM® Ml praised tot to CMstoim MIM • MMMM mMMM JMMMI of toa mtoe end sMtog to p@Bmi to MM* it in to MtMtt 16 countries under This to cxontolon did in to iermt Ml ptMM asndotee Gomtesion notes with fMB* MM a freeing tendency in MhNBl MM territories In Afrim to giro proalnenco to the daily work and needs of tee mM boys and girls In Ml course of MM Imtruo.Mb Mt MMM la of the opinion tMt s by MBM MM| and Ml teaching of MMntM anU oat husbandry, arts and erafte, and olemntery hygiene, Mi Mt MM&MmI policy, Ml gMMI civilisation the Mm faMM ae well as the eomoate Mt Ml comtriaa will be furthered in the best possible ♦sanner* the Camlaaion* toe Council to call ttie a terMun of all tie madotoiy powers to tils of education as being in its opinion par* llmilarV solu ble to the eosulltlgns uf U'e of mch« mini peoples* Th® policy thuo ad wonted ha a been adopts in all *3“ and *C K ri tor 100. dhua, in explaining the situation In Sir tablet -?L/ A s - , u .A 1 Ai'-t fh© ayetea of education io with care to adopt poop I o for those iur® of life thigh toy -mt follow for attaet conturloa to oom: to adapt too. to agricultural, touatrlal sag certain vocational nogk, to rank© them better agri cult uni Mo to, eto, to tod of spoiling then for their future life end toning into <|uarter*edU6caied boys seeking clerloal appointawrts «hloh they orb fitted for and mloh they can never obtain* we *>re ends wring to control, aa far a© possible, the a&cuat of Anglic education Is & von. A ecrtain smbor of od-jcated natives mll be for th* public s©rvic-e end for twle wsi and uo are trying to keap up that supply by educating to a high standard the boya tto bigw We do not cay tot body la to be denied an -nglish education if he dcolrea it, but m do soy, to 1 cXala tot w are entitled to aay it, tot «o to give odueetioa free to a boy tto, tsc believe, can-ot advantage of it and could eUupXy be opal It oo a future oltlsm of to otate, because ce liavo ©een the result of Liat eyetm in ether wrltto coXonion* The Ministration of lays apselai otmso on the mrwl coypontxy, tailorings sachtoxy, telegraphy* 17 - bXackanithlng, and print ing, which action ha a boon cwLxionded by 11 voters of the Co. meslon. The atops be in;., taken by the Sclglano in rwmdsHJmidl wore briefly mwariaed fey 18* MM*VMb the official representative as folios® i The natives of having shorn special skill in moving, the Administration hae endeavored to take advantage of their ability in thio direction. A apacinl school has been opened at wb:rv - trained, ttio, In their turn, spread a knowledge of the art of weaving in various districts of the territory* riß or* gnniiation is st present in the stage of osperiaent,. as is a lea the esse with the rearing of ailkswßi the introduo* tlm of which in should be noted. All the offish Is of dmlnistfwtion have received instructions to bake a special interest in tho possible dove of native induatri o, and to a t t<s for til® teaching of those industries. The ofliclalo have, for th lo purpose, been provided with apse 10l in the processes of nadem mnufacturc arc briefly explained# so that their ottmtlm uay be drem to the rm>Us> cea which my seen to be offered, froi tiw industrial point of vien, by tiic districts to diioh they ere oont by the Gov* MNMBe Sa®e interesting have resulted fraa this practice, as, for the of nut oil and ocotor oil by jaeans of presses* 11 the administrative stations ’we, mreorer> been provided with dairy mterial. Ihe native chiefs arc learning about ttie dairies, to wiiith tiey nond aom of their heftem, chosen froa among the more Intelligent, in order that they my be instructed in oaklng butter, ghen they .red suffloimt experleme in the mni Imb 4? the plant, the dairy is put at disposal, ©nd the site* ing c«f butter is carried out in the various native districts* Th© educational of iMoia-armdl include© school© tor the sons of chiefs, in nhloli agriculture is th© funtoontcl subject and induo-19 trial schools in which the arts ar® BIMUr principles are followed in the mandate* on the Best *Mi at I M. stated during the fourth ocnalon that the only type of education Shiah would moot the needs of the poo ie oi tssiMß uogolcnd me yraetlDSl odumtlon* For Wie reason (he sold] X have in w reports to tho 01 e ■: lc '■ . '’, ;/ -■ . ‘ ' r -X - -’'C towarda tedialeal and education* i ymaso seiool la mo.waiy in eveiy In a oohool* snl finally in Hjo genital elesaentniy ootwocn in Wo mtsro of a hl<sW prSaasy oduoction* BeeMeo this* It Is oocentlal, after haring Muwtad c mn* to provld® hln si th an should omblc him to live* lie bsaoae either a a aoith* a etc* lor Mis reason* I hove paid opoolal c* rntlon to the doveiopaent the tectinlsal a nools. i technical oaiool has bem eponad at a frssa oaaool at 2ot c * a school for shauffours and a oohool for mctoilca at .>aoon3 of inis temnloal educatlmt I am aalatala We native In his om aummilnge in sush a my th&t* although living bettor* no nwortlwlcnG ravins atWahod to his land* Xt la feared Wat certain sgstesaa of cdueotion reoalt in ro* <>3vlng from the land. the BMMfIIBtINB the Fmah MMBIMI to the fMB In both tesTltoileet of th© whoolo t kmen $o .; ’’. haw Um tho mlea products oxi ocliool IWdß# tie irr’coh and apply the FfWMW to the aetaMlahamt of lltearlaß and to the pumping of tonic of bMMbmI Unde, eehwe hat mt »<th aide anetMa and 21 has been extended r ptdly. Hie Ccmiee&m has caixasndod tio ©oris. - ,-j U-ue Mine Mob. 'ln a report to die taaioll.# it et tod? # lho notes with satisfaction that, uecaHlag to tho French (omicr loner’s stetemt s&wcrning the policy adopted as regards edwtion, the datory power 1© paying special attention to the development of vocational and ogrlcultursl training—a policy which coindd.ee wiUi the views expressed by Csmiscimr. * It notes with inter st the orgadsation of wtusl*«elfere eosieties in the schools (mutuality designed 25 to create a opidt al cospemtion and thrift awix; the natives.® British Togoland Ija© practically the same type of duoatlm. A junior Trade school, or imtame, has bom established at SBOMBMMI end eno tor at yondi where to boys are the essentials of agrlculture, metal wood nork, and the Ito. of the M Caxilselon have epshm in of to general methods alloyed. In to British cam&roons Ito «tiiods are .elng follcmod. ’Sim, to report st tedt 0 -he brood principles waiah fem to b sis of to educatloml policy in the Emtrsie of Hitos may be briefly stoted ns follows t the policy ato at mking to individual xwro efficient in his of life by adapt Ing the fom of education niven to to natality, sptltoes, occupations, and tr dltlono of to various peoples, conoorving 00 far 00 possible all oouod and healthy elements in tine fabric of their social I Ifo and bringing these elements, tore neocsaary, into with changed circuutancoa end progressive ideas.* Tho aam policy la ay follomd in the Yolo Distrito and in to esneroons proving. Special Attention is given to agriculture In the prion ry schools. Technic 1 in- and elemnt ry lltrmiy education are offered at the school of Arts and cr fta In ;joldugurl, covering ouch aubjecia as ot r driving, hlat&mnlthlng, tlamithlng, leather working# Joinery, cart and building, cabinet raking, brick mMlng> brick burning, brick lay-28 JUig, ootten epinning, and waving. . The *c* aendates also fol Icm the policy re cammed by the cormlo* aiai. The in Sestem gxioa haa been highlp coa midcd. ‘Hie edur ©atiemi program of ths territory mdbraoeo following points# (1) All education to be based upon native life nd not co exnditiom, (2) '?very pupil tc have □ thorough knowledge of the genoan lengusge, (5) English to be taught as • subject and not to replace the native language. (4) teacher© to be apoollly trained in the mthods of .tea rt Ing knowledge. (5) work, gricuXturo, carpentry, plugging, etc., to fom an important if the syllabus. (6) hygime, adapted to local meds so as to enable the natives to better protect th&ao elves fm the ravages of hookworm, yews, and op Ideaice cemon in th© country, to be treated as an important subject* (7) Tcyt-booko to be adopted to cauditlom. (8) Tec ■■ per y van to bays to receive education in How ? oaland. (J) native teachers to periodically visit Hew geulaad to widen Wlr knemlodge by aoeingj|oan of the l>ori and tMMtodl schools In that country. At the district sad high schools conducted by th® mlaslona, practical in* struction la given In carpentry, cabinet asking, aalthory and grioulture. All Government schools offer courses in wood work, plumbing, wireless 51 operating, typewriting, and elementary engineering. in the Adslnis tret ion of Nauru passed an Act requiring student; to attend school an extra year for technical training. Jiris are instructed in sowing, amt making, baby welfare, hygiene, first aid, and cooking. Joys are taught ( the use of tools—carpentry, cmoe building, and other useful crafts. The 1921 deport on the Japanese mandates stated that n The kind and standard of lessons are fixed in confomity with the requirements af a particular locality nd with the intelligence of the children; special regard is had to practical tn ining with reference, above all, to agriculture, jaanual training, and others connected with the daily life ui the natives, and the school term la three yeere..* n The public school curriculum Includes instruction in raorals, Japanese language, arithmetic, drying, sewing, phycleal training, mnusl work (making of duple articles), agriculture, and house—keeping. The system appears to be founded on a very practical basis# The commission has officially congratulated the Japanese Government for 54 adopting vocational education on the basis of its ' In New Guinea, the technical school for man at Rabaul teaches printing, boat building, carpentry, engineering, plumbing, and cane working. The school of domestic economy,also located st Kabaul, to which boys are admitted, gives instruction in cooking, washing and ironing. ’ class of Baud 56 arts has also been organised in the elementary school. ' Serious efforts 37 ore being wde to iapart agricultural Infonaation. The general policy pursued has been ex lalned recently as follows s *lhe sin of the al tian is to provide such educotioryfacilities □□ will afford all natives of the territory an opportunity of quolHying themelves to participate- in the ■ 58 econo 4o and eoeial life of their country* The etaeatianal policy of 3outh*r/oat Ai rice has asm a wtter of irocn interest ta the comlaslanldua to its efforts, tiio aystom in this territory has bcm ccneiderably teroved. During the third acsolm Sae. niakjtell drew attention to the need for the 39 teaching of agriculture, and at the fourth scedon, she the 40 need for training in mnuol work and breeding of cattle* MM again called to the attention of the mandatory rop; live during 41 the sixth session. In reply to ouestlma ?ut by various Tibors of the Cohesion, Mr* Sult, the official reprwmtatlw,stated that agriculture one not taught and, in his opinion, the proposal was Impracticable* He thought that the one thing which the native should loam at present was to work* whet was the use of teaching a child from the ago of six to fourteen and then sending it back to the bush? He stated that the Gevemeont was satisfied to leave education to the atesions* VMckaoll oabi that the old type of odUc Mon, purely literary In rooter.* mo uoole :s but that new aethoda sought to fit the native to adrainiater bio om affairs 42 and to participate in the economic development of tho oom try. " juch criticlgd by s&esabcrs of the canaiaalon eventually had its effect. Hie 1J23 lepcrt Indicated that a had been dram up for the islcsiena 4nolud* tog to totoh toe ©emission. had wtooed singing 43 am cmrl The mbbmli - olwmth BB» MBb "toe tBM&MM ;tod toe policy S • »t advooatod. to eMel woe eatablidtod to Midtoeß ond woial training are . prentomt place to the aehool ciyrtoulm. 4 Ohs too eduoatton B ' • follawsi *(1) The ato to to dwetop too native m hto osn Xtoro# i»e»# to hto onn ar coping wito hia om habits tod nod© of living m far ng these MB mt to BOiflMl with to® grtat gmsral MW BB toiaii eIvUV iMBB BBtoh W atterapt to f<wo hi® to atondm hto n MiBBB tod to give Mb toatead toe oapimttons tod outlet to life of gBBMW to to be (2) toe WB® this aim to p htot to des eBM atop k . to present Ml mt toe atoto* toy desire to nfiHß early remil to by making IM Blp a number BBgB IB WB ladder of progress to BMI to to Mb BBbbBNMB fßßtti to the BBr* onto® to the peculiar MBWMiB HaMM to the H* territories# the Mtaslai Ml not ea yet laid Moh on 'toe med Ml the MNM MB B? definite policies to be follosed to too mW M Mb It has allowed the sMdotortoe to develop their system as they Im found An toot# offering by pl ®B BBMMfB to toe my, MB BmMm® the Administrations if those territories are giving apseial st* teuton to toe yi •-©poet® of education. BMb teBMM ®BmmM have been established in jyrls, a beginning being aade in the develepmat 4p of a tixlem system Instruction given in the schools consist s of wlo and religion, language, oleaentary seimoe, rudiaente of hictory, a.rlUwiio> pliysioal training, nfmnal ogrioulture, dree* Ing and singing* Both literary -nd practical subject® are t‘<hi in th® 50 sc ujola- Scae attention la being given to wcatloaaX education in Xraq. The bee s»t nlth the dlfilculty of dio* 51 .v-> ■ i z- The elmmtary MW** temh rollglan, Arabi 0 , arWwetic, iiiotory, geo®PMsr» trsinlig* ond singing# Those courses are mpplemnted in the hlrher gradoo nifh geemtry, trig* mmtry> । iMI etbim» □2 and biology. ‘ The Adiilnletetlon of Palestine io Aiming an entire reMm ft Mi M**** are Mb|g mM if intro* y MMB Mbi M* of the M* jardmlfg is being md earn mih ehgfg ere being yet met of the technic 1 training io given in the ocnoolo ox the territory* prcmUy cis a□ go hi tho cwm-nt schools haw bom in &-rpen-54 try, agriculture, amoci hygiene, ond subjects. Jhlle no tool*- nioal actols exist, instruction la WswJaal is given hi nearly all tom mhoolo* Bookbinding, brush sod brooa asking, *• taught la W of Mi MM*M Apparatus Mt MR*** 3,914 <hmt>fMy Me been 'n provided In all mhmls sith a r It to eaneluAto that Mi toe $M BM tool in Mb M MMMt MMM M Mi M*M at M MMM aMeted territories. offering instruction in B M Ml MBM1» toe MM* Ml MM M I to gMn in Ml MM of l*M» so the aero of infants, domestie sanitation, ©to the ftmdswntole of village sMLMMki* Iha wemdatihm of toe CamlsoUn in M toe* ; '■ ’ ' - ■ ' ■ at toe ourrloula of toe Fmwh cweroone Ml TogolM* MMMM in Mtone to atoo -tom to too MM* commons-, MMM I - *B9 to too MM* MM* tf Ml fMIM* met toto eoti#«a to M 118 to MM tost Mr M* aftor toe MM* M MM fM*B M •M ns MM MMMm» Mil M* Ml mmM M m»< MMMb Mb mm MH Ml WMM Ml BMMMB to toe MMI MMI MMB Ml MM MMp M MMM Ml M.mml " MlmiMnmmM* 1 MMala M *Mb *l I* MMMft to all M toe aMttaß- Mm MM wo ■ IMMtol M Mi Mee mmmM M Mi MM« > toelMi loetww M teamtMtoa work to M*M Ml MM B*l MM ato teß , *MbMMM vMMtai to g*M M Im*Mi MM *r to MMM M MmBMM Meeaeae M their pwrmtlm® M M W Meir to MM*BM MM MBM • abort tlm no BMI 11 • MhMeM MMt Mil to ignermt of Mi of Ml M M th© Mat M&M OMtoM are MMMe toe pupil® are IMtata&F md taMMBb to gtom to those too - require it* Mta* gflß to told on MtaM etaMtaW end ro©Aar ffttata tar md the . A of etotoea arc ueld» a soap rotto being tonued kor the purpose* • aim fow cm of the tosi© stodtos to ItaMMMMtto itataMWf Mtattal to gtoea to it to the Wwol for the taß of Mtata -° sehooto of tatitatat Af rta I tataßttai to hygtoae# tataß taBBI cm eetml pmetlm IMtat Wm m Wo Sta I reports Speak WW fawroMy of taUth raßUtail to toe sehoole. We e ’ MM** A o- ; . ... >. We ISBe report# how* ewer* taml a MMtal ©curw of hM been totrodwad* including 65 litataMMl emam drugs mid potions and to tillage tata We syllabus taßMg dßm up to MMB taM |Mta for tai toaehtog . -u of Bmtat wwwi the MMMMB eomm la toe r< The w • ’ '-■ We BUM of to toe sohoole of the stabile tai mt until very tataW tatatata to tagtafe tat । tatata eetatah MUM Httata to this Mtaß ■ lied ta* We MtaM Wtaß Bta of toe lepemse IWBMd ■ too that 118 ItabtaM wild ooaatoer dwottog a ta tata atall ’ :o«lto tataW M yet toto >fw<ae IM taO ta> partlclly rtaNMU ■ MB to tomtom to Mu gtaNl to We otaMMhi Wto to the ©nw to folMtlß e tom n taß taMtaß taw to w tresta certain dißeases, for e maple 3 : e . too* punilo are being oertsln 70 preventive moaureo. Hygiene fowae a pert of Hie course in the elocanr-71 tary schools of yris and tobonon. In Iraq all schools are aedleally inapooted and inotruction is given in health. A auocooaful attoat was mdt in to copo with bllharela, uhWi is almya rile in the ocnoolo 0$ th© lower Berates and Basra District. .2W eiilldron were treated by Hie twdloal staff dbMl worked in cots|>eration with the me* 72 >OO children were cured. Ihe Iwo lUMtee insisted that attention should be given 72 to physios 1 and moral training. Tais reewaendotlon has boon carried out with considerable in the various territories, In tee prenyl (MH**i ** system of jliyitiel education io based m that of the schools of Europe. te laid on drills aalte develop discipline and health. Children are taught taaperanee, self-control, honor, ond other 74 principles. physical training in French Togoland imludos the playing of such game as tennis and football wider tee auperviolan of the school authorities, jorol imtruetlm conoiato q£ tolling the child his obligations to Mo parents, to Msweif* and to his fellas, storioa ore 75 told Illustrating tie principles to be hiculoated. In British Togoland, soout organisations have Ml* their appear-wo. ihe chief la placed on ohamotcr fa mi tian. Boy . :c.jut laws and principles being oqjs* - H binad with gamo and phyata&l oerelaea under Furopoan aupcrvlalon. Foottoll and notice gases nm played regularly by oil toe pupils to too British (we roans. Moral Instruction la given in toe schools. the fometto n 11 of toarctcr being toe objective sought* caltotomtos is Uught to too spools of MM* usually football, ore ployed regularly* 78 Garden nork also serves as physical exercise. sio boys to too control gOWI9 k-am self-re 1 tome, restraint, and fair dealing, as well as toe valuw of strict dlsolpllne and toe noeooW for cheerful 79 once. where eduootlan to mainly in too hands of too utosiom, tot Mtoclpal to m religious tootouetton* the -Gov* armmt OtoNM tor toe sens of @htoto> tostruetton to glvm to phyoit culture - nd sports# to adMnlatrotive orgontoation, and to □orals. The moob if MHM UM offer religious MMMM* I* **M*M 81 attention Is also given to toraoter building. in attest is to ****** the eoncept of ***** but this Is difficult because native pupils cm- X' mi easily understand abstract IMMv to Administration tetoe UMI **M* IM* that no speoMl attention need be ***** to children y&W M ©xiotantly ©itoui stimulus and are healthy* Sports and Boy Boout aotl* vitim *9* oouraged in the *MM* * M*o Mi **MMMI* M* Xi tentim Is given ** **UMM M*MM gasket** Wil Ml bom tiMMMI Inta Saum. Life-caving *MB hss been eagerly by to boys are -ulte nt **** Ist to water, Itoi© is m» *f to Interest Ing ******* gIMM • fife and dma iMNI Im been ©remised recently. Bo foiwl in* 83 nt motion in MW* tB offered. m IBM Guinea* Mt pupils m® th® rudiments of tno low® MtW shldh they llw* m of th® phgrsioal exorcise® ar® held mh day# Mw ferM * essential Mm q 6 of the educatlomi proceed. ’Sie jomneao tench ths mtlws under their mi the essential® of morals end also give attention to singing, 87 Outlast io drills* and ©porta. m* c&misslm ha® laid no m training in 100101® SMI fiMi in the M* territories. BwerttwWeo* Ley c...ue e.'..r<; <r ■/--■; ,L; ...LC a~L ; 08 and and sports are fostered. training Is 89 given In Irno and otndanU are morals# aomldemtlon la also glwn to instruction and <lO of eWios in 90 and Istenon. Th® Coroloalm has wWM® mA in clarify- ' ing policy t* he MIWMi in th® several tMWMMdMh It has led the snadatorlos tg certain cauraes a basis in imping with th® needs m th® native populatlms* To sob® MdMb UM aided the standardisation of th® sduootioml Md has po-mlttad wide dlsoussims hold Ihs wmsslm Im Mm • 91 deal to premte to general edueatloml development of to mndeWe* I>. sec sections 6 nd J, I'4* pimT ’WT” a typical a 1 tualTon W a escribed by when he said that In to British caaoroona *to real diffi- culty with regard to native education lay in the fact tot the buy expected to receive •book’ h 'VAnp He lo on oduc.tlon as a mens of obtaining cleric ?! caplcy-amt, 11 IBM of emancipating himself from MMI labour. 0 Ibid., 12th 3ese o 79* 13. see IlSd*, 6th 3ees., 95? Ibid., 7th gesn., 691 Ibid., 10th Besa-, 76-77. *» • lO, 1403* . ulnutea, JPEK SeK»e lb SHIrW &* 18* Wh 148. lbid., 77- Minutes, 9th Sess., 20* Chapter I* on French policy, .OCG‘I . \V. ■ „U; uG - .g: : GJ\,G . G . -..G.G C CG'K - Wnontloa MB at MB MMB IBM* Ml • thoroughly praetioal and sho eon personally oenvincod that the ayntm wc tie beet th® eßMMfet MIMMMMMM the eotmtey MM wrel well-being of the natives® ilnntee, 4th 3e^« t 21. Pl. l /wt m the- french W*lP> vrondi ' ■ ■ . “~** r _ ' " ’ '• - ? ; - to caxiUoion has subsequently followed the aewlWSTof to French in to with entire apprcwl, XMd», Bess., 77; Ibid., 11th 3asa., 24. iwort, 02-S>; Ibid., for explanation of activities of to-oe seheoK, see atvWwnt ox 15. .Inui c?o, 10th Sees., 114-15. 2S. 300 Ibid., Oth a«»B.,; commendation of H. d’And rode and Xbhh, 6th v nt7*for tot of 3»* wlekeell. 26. see p. 6>. 27. a-71 175# 324 s sth hMMM 51$ XbMat Seas > • 517 Fe 553 b. 32.1 bid., Ilf 192? Ibid., 14-17. 9%, gihutea, 12th leas., 20?. %. 1924-25 “xcidT; 12. Jf* 2 inutca, oth leas *, SET & .Jimtao, pS ess. # 111* 40. lbQ», 4th jtsalon, 120- 41. lVO*> 6 th jess., 7J. 42. JhHL* T'-V'* lac 124 Report, pp. 47*30, inUicotod that native education sac largely in the bonds of the missions and that the course a wore prlxirily literary. _ Util CU3., 1 '*l6 c w, J . M. iw lag.. 7 . *7.. l?aS lEg., 48. a/' ,om« v 125 > ibid., . ’,30. MM ;a., 1 • SO. *9B* I >?4. SU Jtcwltni ’ . Qouardlllon, atouteo, 12th 9mb., *MS| 15® Repwtl» UM« " TE. IftgMl fi&U* ; ' 95. Report, 35-36. 54. Si. V2?X’' '*-58* s7* 00 ***** C°a*roons* 20-21 * 25; 1/24 Rapport on Tmtland* . ; gp® * , : ■■ ma. ,x >x ta im ta . 19M IM tatataMMai regards Wto oork to be of great toportanoe. r Jlm£co, 7th 3000. > 25. ' 67. 115 W ma., 11* jea» M K TW ' a 71- Rapport, 22. 140*41. \ 75- % 0*B«e 121. It has thaw endorsed the Boy jcout □ove- □ent in the territorica, Ide-.n , 21. 74. V 24 Rapport, toBl i*Wa»Atos, 6th 3eas*, 22,20. 76. 2/-23> IXS Ibid., 4.lmtoa, 10th css., 114-15. " n. — I®. 1925 agprt, 47- 7J. 19 3 'fEET; 67. 80* WppGrty 76*77* su w »:> *mh su 82, atateSmt of Hr. HofeWfg 4th swu* 121* 0» 3tat«MKKl Mr» anlt> Hi 17~1S| ?th Seos «> • ar.— w<TOT,‘ -tos: — 86. 1 -'-’ ~ r ''' UPS-25 Ibid., 15. 8?. 1933 oport, ~56~55t alautea, IW> leas., 84-05. aa. w* x. 1«- ~ 215. 90. 19"' 3. EXTENDING EDUCATIONAL OPPORTUNITY Bee idee dealing wife questions of educational policy, fee Remission tec devoted its attmtion to various mtters ccmcemod Mfe oducatfeml ad- Mnletretlon. For convenience, ouch miters nmy be grouped under two head- Ingst (1) Extending educational opportunity, ate (2) prcmtlng caucatiu al efficiency. >1 fee first of feese dlviaicm will be considered fee problem of tore a ©lng fee nuabar of afeoole la to uancUtcd tc-Titurica, tot of se* curing adequate teochfeg staffs, and feat of offering aducutiaml tevanfegeo fe girls atog with boys* In fee second division will be tafem up the of govemaent wife oisoionD, the standardisatim of fee educational ay@tme,md fee proper financing of edmeticml work. From fee beginning, th© hce favored eng has encouraged fee modeferlee to favor fee extension of aehoola as rapidly os conditions in fee respective tcrritorioa warrant. fee years that th© mndates been la effWt, conalderebl® progswe hno bem in the ende wor to bring edueatlm attain the smash of an mater of mtiw children. Several will MIW to Indicate the steps hwe Mb Wm Igr CBMbßlm In this mtter. MMg the third BM*Mb the MNi&B ef extending MbAB in IM FreMi ent MNBMA Ml BUtBM WpIMMBItBh tWhSm. WB* WiMcll BBIMI MtBB tian to Wie fact Ml -abater of village MMIB had iMMMt durixß tert that Sb nmter of pupils in M spools tai MiMmS* She the reason for this MSMMte U* SM there had tern SB increase in the religious Mwols which had ntMsMft of toe pf: MSMBS SMb toe total nuaber of Inc h .toting <m the suggestions of toe MmSMMS fWBh Mrtßßmt Ml MBiM» nBH Bteol afotm and Inercaacd toe number of otudmta enrolled MM*B» The IMIMiSI MBMI, compiled SMI toe and W 6 Reports toe French comroow indicate toe progress MSB has been MM steals agjUa m '™ ' * lift Iggy Mb Yoound/ 140 - * 166 IJI ff’oaomi&i 141 ICO <riM (opened after 109 » « » too e « « iso ;X . # • gif fboko « « _____ “TOT" *nw — » A iieHied io to bo noted In French Tcgoland* The nunbor of pupilfj under Oovomicnt Instruction in oas 1,770| in in in IMb in in Msclowry Ml private eramtad in 1922 to 0,878 s in 1929# to 5,339? In to 94 in to 6,972? in 1936, to ?o cite another emaple, die caialonion has dealt with the situation in south-deot Urlca. Faring the third action, noted that there were no Mrosmeat or agriculturtil schoolo in to terri- tory, odu6B%iai being entirely to th© Unjar ’erbat, the aacredited representative, explained that the policy of ho aovcmicnt mo to ouboidisc alwaleno and that ogrioulturil oaioolo ©ore not needed beoauee Hl agriculture wee non-cMeient. ‘ At the folloHlng acooion, m* uicimcll pointed out that Ma number Mwwlw and ethool ehlldrm In the teirltory 96 .had dVXnldiod. Hr. Hofhoyr, Me official representative, ©old Mat thie emild be lainod by the fact Mat t.ic people o£ Me territory were 97 mmdlc. Xt ms often to hoop tire Mildren In iq to® mm of to® sixth omlmib mb* MM again mM . Mok to 00 (M MO MMttal in tiic toNMM SUMI to be in to* MM of the MMMI oelualwly* There wae no indication of GOWMMat activity* • asked if the intoadod opening achoolo* Me jmit 000 there sere no schools at preset but MBMI oMN toM bo ON tabllahod to the future* to added that s At present there wag a sparsely populated countiy with big wsewee occupied by various tribes* X* toe Gwerncwt opened schools near the Ms® tone# the mt tow would Iwve too and oom to too and OMi IMMAm • oWMMO MM* woe to too ocoatry* l OMh toot it eoa not neooaoary for toe OMI to with eMh OOMI W? MM be set up to MtMM Xc ltlw« if. Rappord romriced toot stoooto both ktodo MtoMI side by side and toot ooapotltlm totoom toont did mt MOMMIt e w* gait re* piled OM owtog to toe large omni of the MHMPi M did not totok an A aOHMM« The cmnlmim emttoMl to dtooueo too oM* Men wlto toe ropreoentettow c< toe OMI the toured so Mm eat toton* MoMN oM*Mm*bl oMiBOf M tor IMM bom to keeping with too mggoettom onto ty eMew of toe QkMtotoa* SF townmnt eohoolc- |MI ttMMtototl 100 by fifty wore to MtoMMb schools In , ? MBB» th® fifth session, i®. Qlckaoll rmindod the MM OmMaaimer f rb@rt HMMBI* MM in WMMt the British B □dopt-rd a plan to open seventy-five oc; 100X0 a year until the ttolo country wo® covered, but after two-thirds of the plan had boon co plated, It had been abandoned for financial recoono. hen would it be passible to roouao this work? Sir Herbert In tied that propria hod been suspended ton> porarlly beosuoc rw-nuoo had fallen off duo to severe financial in the territory* He promised to do hie utaeot to increase the number of 101 village schools for which thero waa o greet detmndw la it® report to th© Ootmilt th® oaxsloQlai the past efforts of the Ackilniotn* 102 tlon t and ewpfoewsd the hope tint oonditlons would allow the |Ol continuance t early data of tiie in 1929-21 • During mMdh OMdbNH uMb Mwb up# Bm» flWitTI mggowUng mn no it would b® eMMAt to the ntxibor both of Arab and Jewish aohoalw* W* Omoby-Go??o praalsod that tide 1C& maid lx? da-10 juot as oom os the revenue- of tho country would psmit. Dining nlndfei esmimif the official colonel apNbi told 1 5 the that th© British were- now prepared to c&rsy out Ito wlcbos. Ih® following table the wd© la education in Palestine? Busbar of 'stibor of- "nrollffitnt Softools t»yo g&gta A>-0 rA — ua>2i 171 '©B 0,419 5,a45 ism-62 844 S 3 13,636 i,736 1959-23 511 659 16,606 5,055 514 16,046 5,0® 514 670 5/«>. 19K>a5 515 687 16,14? 5,754 r Intlately associated with Mio problem of the amber of schools in the mndatea is that of training toaehera to eonduot rah school s. ihe Camlooim Me perfomad a valuable service in helping to solve this question, Adah Me arisen In wet territories. Tw, eopeolal attention Me been given to the probtai in patatim* Uirlng Mio fifth seaaim* ewa* bars of Mie ©omission enphaeined th# need for twining teachers, both ison and rara* in order to pewit the establiArast of new schools in th# tor* 107 ritory* .he Ad Uniatration responded forcibly ty ailsrgSng Mw trains Ing ©alleges. la WMI, tM Training s ,ehool for rat ms opened to ©com* mMe seventy-five students, that for ram wee «fra* th pemit tb« ettm* 108 donee of forty otalmte* In eighty sere enrolled at tie uen*e Twining ijO-iool and flfty*olx at €lO Gallop. 3intern m and twcs> Mt ty-ihroo ©corn were graduated during the year. Ag sWf has 110 been built up in the ©uuntjy. Th® ote4ard of tochers io reported to be rah yr. Mlle, the accredited tta* rrasMd to the cemission during Ha etaenth meta.* that first difftaalty the AdniMstratlm Md bom to obtain on adequate simply of teadieroj Mie ney-t, a difficulty Wileh nos ing, Mie in their training and capacity.* Uis* sell, aMMg that tralMß were being tolled in the tomntal trades and that periodical non? being held for Mieir bmefit* cangratuiate a 111 the radatery power on Uw mrh it was doing* has else been mde ropectinf; etc pa token to train teamere In 'Kidwell, during the fifth smeton* ashed n, de CnlM 3 the accredited reuses mtative* IMB w ooing done in this setter. go replied Wat teoohere 1 Ultillm ootarses ne re being given at Beyrcut and that one or □ore training anaaola UP would bo cstoblimed in the interior. During the oi.htli session, ■’ 11 «hile the Report an Syria» ' he. klaknoll ornudrod mother it would be possible to institute training at iwmouo md Aleppo. :% do olx replied that i *MW wore plans for the orootlan of • oerpa of oMMB by SBfiM of tf lilfm or Mb* time in the lie promised that careful <xmo Ido ration wold be 114 given to the proposal of Blehaell* 'The Report Indicates that MMhl OMtthNß have been for both men and mcm in Dmnwue 113 ©nd Aleppo. Iho training of toaehewi liao alm been o probleci In Iruq» Hie oeoondaiy oolmla have boon obliged to to 7r/pt ’-xl Syria to met their roquirmonte. Hie local Training college* hone? p M had a large Increase in mrotlamt and it in expected Wit all prlrwy ochoola 116 will be ■■’deauately staffed Ui a short tlm. .Rp ppppp Ro XT) o-t on 'po'-opRA . p p o dearth •emim* 3ir F« noted that the mnber of teoehors in to ’ 117 woe seemingly * He ospod if any stope hod been t'ton to W ’ lOWA* the official WfBVBIMMWw that WB opoctal spools bad been act up with this in ‘/iew**om at Upanm md the other at The fbswr tas ettooWd largely W sow at hit ms not reiy swmaeftA in its object for preferred to bwm gWVMBNI r» tiier tes<«ww< WB lot tar# WM W$ a« 118 aristocratic hi character bettor results sere achieved. * During the seventh aeeeim, is* MMb 1» saw? to a to ' Me* Stotoell# MA • large motor of teachers had oom f m the eellege *t Mewy®, ehtoh had meHet the motor of IMM aahoels in Urmdi ft to MeM from niMB to MW to MHMMMB to UM* * to die* mwetog toe to totob MMI stated that toe prnbtom of ©Mtoadimg element* w a<MMnbiiMBMAeUO toMb - n toot toto Ml Me primarily to into && Bl toaehlng MM toe Ml Mm MM Mee to MM MM» •» memM, th® mMM replied that It MM he passible to to® weey IBW fUto®e to dm up a tatol to toltetotlm Mto toe sto&cme «Ml to® objeet of oteedtog «4usattaml too toelfto a* told toe oemtoslm tot the toastoge ®f toetoexe to «W totog met to toe and toe Meaton® eorktog agremat had tom ometotog to Witoh toe ewe to be eetoldtod to too (toremim mt eet® to toe off total i eeWMk Me eerti • M&Mtoto motor ipr of well trained V cohere for the territory* 'lh© fnWh also arisen in the British cwmmm* Mb »lWeeU ashed* Mbf tw fifth session* what stops were Wing tosm to relieve Wo of WWW in the territory. W» id W there were WWf Training Colleges. in Algeria* but that they WB mt sufficient 12 j> to wet the needs* In its report to 1W the thot it wished 1* lay w the W4BMUAIF tr »If • sufficient amber of WWI •BWB school Mstiwee bo widertahe WWWWI W in Wl WrlWqF* Baring the WWW OB 9Wwll if definite had yet been dem / the irslMng of teachers* Bmtm W*M| Wat had boon | W ttwttw a having bom wtarWi In We WBfMMW aahool al flfWrtß* doe la rod that it wuld ba year® before teachers w be trainedi wuld it be ftWMteln W® use We ing ollege at gaWlm in nlgeriat GWbd be amt from the Mioroon s to Wie institutim? ;MJor Ruston said W this hod bWB emMferod but .. . . . i , . ■ . .. .' s , ' uw prwblen me diwwod again in the tenth WWW thß cffiolal representative, said toot it would be Impossible to oMcnd toe schools 126 of toe tervitosy without in-porting teachers from Nigeria. ' toe Severnd, kt : i toieh ’would bo before any .iv reno codd be made toward improving educational conditions. men toe .Kt ter wc further considered during the twelfth □ hoped that within four or five years l time an efficient staff would b® , f I ■’ | mde to too t\ ' .. \ 127 ers. In its report to the Council, toe commission stated -Cut it would follow with interest too steps being teton in this respect. 3pcclal efforts -ire be tog made in British Togoland to meet the shortage of teachers. Success has att nded toe plan of giving the Protestant African mission pastors a three m&ntos 1 course nt Amedjopo :minary under instructors from too Gold const, A full nat4vo staff has recently xen cotoblianed by this pro-129 oeso. toe Prenah in Uw cmneroons have recortod to native monitor®, trained In a opoetol aeaool at Sie number to attendance- at the school, including student secretaries and intan? re tern, tocreaood from XpC* in 1921-22 to 1% in 1925-26. " Pho AdnlM st ration hopes to provide some forty monitors a year, are to act as aacistonto to Euro-I>l pertn teachers to th • various ccntcra. During toe ninth session, sir F. tugard called to toe fact that botoeon 1921 and the nunber of xWllo in rrcndi Togeland had doubled, whereas It* staff, both 3.\, rv-i od xdd-, 'v' ..K d■ 3 ' „ on Id that the well atnro that it mat Wa toaoh- 155 leg staff and would endewor to do so* la being d 1 V| at tl» pretest The problem has HUcwiao 'risen in soMi>»fest "frioo. During the fourth - - We* Siclssell pointed out tot mljr dtOMM pupils were ’ 35 in the training schools of the toritory. " Hr. Hofncyr, the offlolaX representative, prosleod to coa lesion tot the would mk© 1% all recooncblo nfforte to increase the nmhor of teacher©. hi its report to to Council* the Cardos ion drew ettentim to the problem and pressed the hope that the Administration weald tabs imediate step® to en- Hot an adequate teaching staff. Btapo were t hon to eoaply with tills recomtoetlon. lie 1924 BepMt stated tot rdfretor course© were being MB for actins toshers end that to® applicants for the MM* wore larger in ante? ton could be admitted. *dditicnsl teachers were likewise m» IB MB* forty-nine were employed far full tine M Ml sixteen fMfM BBS ScMm. in UMb fall time M ft tte e 15S wore eesplcTod. ’ two training ncioola in the territory have been auo- BM in Mf MHB mtlw tocher® and Administrstlcm is op-159 tKctlc over orsepeets of stiblishing an efficient ccrna« „he wmUwlen Ms alee dealt with the problem In the islands under the sontrol of BB Report m -that fears were public (native) sehoola In fee ter ri torr, staffed hr foresight japmose and mb* im*mi mi uim im bum did not MB bnMHmtton HI OMObl the jepnncso. . ae str Be' x.e* .xexnxU '. xx lx li x.xx Xx xitentlan ot xo to xovcxx fee schools of defenses toeehers ®ly. . ma $ * and ■ dure? m 3uglsur®> Hit aesroditcd rofwmn bl । I HM an miMpb would probably be mde to utilise uatt? on Hot -he edu* ostlmal aye ton develegmU *n» there m© * . I * Tor the training of smh iMMMh it wuld be newmasr ta • trilning mMI la the iHMto m tlw to » InotructlQa. m egrait HM it i- M . we ttr.se for a to E®da« Tiie on the midsited gaw m aotisfaotlon on this point* deelarlng Mftlyt *T!iore is no prwielon for m* training mWe t ..a r ■' .1 ’ V ;>LUX._ ( L.’ ’.-v. < .C > a, r :t.c miiHitf w ■■ ti mm a mmmmm tv hMr m mmMhmt U” Hb mmnMmeß It bo ombmoOMl ti -ie Vx' Ing eomitiane M OMMBBI Olnmwonfcl resite** "o yot no hew plane in thin mttw end the Me . x: XXX . •'. ■ x G O xv g xl b ~ o -. , ra vcxx xuaxx XXX.X3- ' ' < ' ... ... / . . . IT . ' ' . ; refresher courses at Oorcrnment schools ot ©nd Wipoull* with 144 ew»llmt reaulta* ' . Wile noting W* effiolont aystm in the territory* M Wl&teooll* <Mrlrg the tenth ewalon* pointed ou& mi an ®w-' ago of to cash lr parr om H that the 3nb|octe teu -HI □tudento ©era fer siajplw than thoee taught 145 WitM th© percentage pf’pqpllo per teoehcr was even higher In Hew ’.co.land. m spite of oonoiderablo progress too been aade in th® 'X ' -•t states HPt native toaohoro are being trained - in district oohoola by the Wredes® staff ent । beeoalng wry pro* - \ a P.'a ./ -a> :,.. ! cpo:'X :y: he ,;‘ X "’;; . /.\’ba a educational organisation Wioh*in a few yooro* should bo capable of a Ing on with a cmplote HUM staff under .:? ca a x-x - . —it and about tM ate from w Zeeland* whose spec;. NMIMI should be t© train native toeehero and supervise the ochoolo tho t:-rri* 146 147 woriE has boon endorood by the Gomlsslm# '* furlr< tho OMMb W* siolmll ths haportenoo of the | lan st WB CMaea training aaliw tBNMM* wt£ that Hi NftMl HtouM not be loft slcoq la thia wortej Qovcrmmt aesietano® and omitrol oofo oa- MMM« Sfeß □ovormant it was del WMt training teaatwsi the pupllo ai 1- I found or Mil to ■■ .. u > .'a ta a a/ la aaaaajXa-i 149 the is beriming to a few natives so □□©latent The supply of teachers in Nauru is satisfactory. Ore is token to train natives who are employed as head teachers, assistant and junior teachers, 150 and monitors. The Commission hoc done meh to promote the idea that educational opportunity should be ext ended to girls as well as to boys. The attitude of members of trie Commission lias boon made known in the discussion of the several eports. During the fourth ocosion, yuc. doksell cqphaslaed the . need for paying attention to the education of girls in the schools of Tanganyika and urged that, if possible, com provision be made 151 in this matter. in response to this observation* the 1924 Report stated that •The education of women represents a problem of considerable, difficulty and complexity and is receiving the serious consideration of the Govoiment. More staff and more funds are required: literature must be prepared j the best methods of imparting Inst ruction and tno host age at-132 which such Instruction can bo imparted must be decided.” ‘ The 1925 Feport indicated alight progress, declaring: *h‘or the moot port only boys attend the village ochoolo but here and there the native prejudice against female education is diminishing and where girls attend Govern mt village 155 schools inspectors have reported very well on their work.” Tae 1927 Report indicates that a amll girls l achoal has boon established recently at geham and that the first Gavemnont boarding oohool for girls will bo opened in tlxc Tabox® District shortly. Female education io undertaken in several missions. The wishes of the are being put into effect 154 as rapidly as condition* will allow. Jie Adalniotration of uwla-jrun has pledged itaelf to advance me oducntlm of woraon. It hoc already entercd upon the practical of mie development by the creation of wer&* whops in the doalono oho re young native girls are Instructed in the handicrafts, ouch as esparto cork and Jio num of the olssiow are having considerable influence over the girls of the nriotocr cy, irmtruot* ing thm in subjects appropriate to their racial condition, ouch as fine U 3icet*?7Qrk. Iho Govomott®t has aloo undortaiDm the ootobllnlocnt of OOheole for hqaacoivee and io aaklng a special effort to teach the elements of aodlcim nith a vioa ulttotcly of developing nuroos and aidoives oaong 155 UMI natives. Bwerthelese t the GeveiWMMit of hmAMJroidi is fully Gonaclouo of tlio in ita program of foiiilnino education. 'The li® Report atatad in roopoet to the problem involved* Il oat dvidooaent til | * pour • .i6ji©r 1 cello situation! Ice indigenes n’mverrant jamais volmtiere lours Hiles dans les dos peeled > or, cuoun sMhultat ne pout rtro obtonu sone Is conoours d*un personnel — ■ * ? ' ci . t r 5 .: . ' ; ■ 1 to problem cat B pea pros Insoluble. joules Ire aisoiana pourmat, actaollemnt, Jqucf on co tamino m role utile. tian 6>me 6oole i ■ lo f dIH fa r des follgleases ■ danse 1 1 4 ( It *un riel beaoln et sorail pour lo pays un imense b net It. Uno section demit $ etro our la formation do aagoa* femes. 31 Aae on no pout cspdror garmtir, avant bion doo aandes> 1 cha<uo feme on ooudhss les solns son £tnt, la oeulo presence dans tone lea ooino du payo de quelnuoo femes ayant doo notions dhiygllno, de proproW, la oomnloaonoo des aolns B tamer aux nouvot»iai«nc f o j> et doc premiers <l6amts de l‘ed. A ci qui propagerelent autour d 1 ell os doe Iddao d t aQMioratlon et de beaucoup pour 61cy©r lo nivonu naold ot rtaiirc la mortality infantile. Th© seme question has ©risen in iwpeot to the British &meroone» During th© ewenth session# Wen We Report we under rwlaw# sir Be sailed attention to We Wit the education of girls we rather baolmrd* There wore only 21S girl© as compared to son© boya in Wo 157 Goreinaent mlaelm schools* 15 - j ent - IMM that swept In ttetorln and MM It WB difficult to get girls Into the schools and MM MMB were no teachers* We MM* MM had Mt yet tried to obtain wm for M purpose* but he MB hoped Wat within the rwxt slm conditions would inpxwe* The W Report indicated a alight MMM In attendance of girls* We MM MH fMMII of nr« theiher wr girls attended the Katsina Training college Ml MMMte lie replied thet there sere no girl pupils as yet and tßst it would be wm little Wie be* fore ecnm tools the work of MMI of We pupils in training at Katsina MM in reeidonoe with Weir MVM Wild rm* it mat be re* naeberod Wat Wie me a mmWy Wish me etill MHRMI to We awe old* ©otatliWod WidEiaedan customs and traditions«. n Itw general attendance 161 at girle at MeeMMßt MMM is sillily M the MMMa A ©egimlag hoe been in British TOgeland in Mt MMMM Of glrla > MMO •• mailer ohlldrea* M Mt MMB tMmwt M»« mMmB Mm g» the MttlMl raMMMMM of MB BMMII MMMM W Mlf boys attended tse village ocnoolo. He replied in the affirm tire but added that the Government was contemplating the erection of a eshool for girls whenever passible, schools for domestic economy had already bom set up 165 for young girls. There has been a dcvclopqmt in the edu- cation of saacn in French Togolmd within the last two or three years, m 164 there were girls in *aie gwcmxnt nerols and DAO in the uloolons . Tuo problem of the training of girls In new Guinea has also invited tiie attention of the CMnleoian. During the fifth session* Mae* Picksoil eufpxhted that they should be sanitation in connection with the pro* paration of food. The official representative, Sir Joseph cook* pointed out Ihat girls attended the lost jacrod Heart of Jesus lesion and tot girls were in the catholic Ptolan of the Holy Choat—in a word* tot about IQ' of the girls of to territory were already resolving the 165 instruction waich to desired. ihe Comiooion has noted wit h apprml that cauldron of both sexes attend the accand grade acnoolo in 166 .catem gnma. Tn© .Report on the Ulando under japan declared that the of tho glrlo* achoole of the territory was the aoet 167 outstanding feature of edueatlw*! year. 3p®eial c auro os are offered for girls in muru* including hyglem* first ®ld* 168 ©nd coding. In the »&* mandates spocinl attention is being given to to cduofi* tlai of girls. Doth el amain iy and higher oducatlai arc available to tom )69 in palßetMe* * ’Bar® wow ha fortyfivo elemnVry girl® l bclaoolo 170 MM an atUndaow M 4 # ><7« WWA Mshoolii are alto eym M ®©mn» * IMmMm la alao being glwn to tha edmation at girls in WM eelal focnitlaß fcr Mt teadilag of hyslem and 4mmMb' oMst in Me glrla* Gehoolt* A boarding Twining teas bam opened roomily In 171 Bagdad to provide emm Maohew. Mlle Me odnontlm of wmm has not yet bom plaoad on a flm bool*# » beginning at least has bem oade« Mt infWme of Me WM*MMI In tills Mb teas bom Mtet» powers, who rover poasiblc, to use native dialects as to nedlua of instruction, especially in to elemntary schoolsj Minutes, lot Sees*/18j Ibid., Jrd doos,, 23* certain conditlono, porticulSrly Wo debs ed caorncter and «ill vocabulary of many of the native tongues, have led to Coonission to agree that European languages my be mF . ted in mtM sj Ibid., aug 94*M* French is utilised in to mondste® of Frame on to best Goa at of Africa? 1921 Bap-part on 1926 Ibid#, 16*17 J 1224 Rapport on to 1926 IbM., 15*20local Brit* ioh camroomjepidgin English; 1920 neport, 70, snQi'W -100 the case in new Guinea, Report, M, blketnae the J B place strem on the teaching of “language in the aohoola of the Islands under their oharget 1925 napport, 02-69? ** Blsewhore native dialects are oaTSily used; dF, 70-D; 1923 Resort on British Togo land, 01 j an aaath*dest Africa, 50*31 j on iHetem 12> on Iraq, of pa 1 cot to, 32? tlmtos, ;K-soT,IIS| Ibid,, 12th 148# jcss. t aS. 'liF'm&er of village schools In ammUd to with a total BNOM of pupiloj mile toe m®kr of village areola had MBMB cd esMat to QMi the naMr of pupils had Mrs seed to : toe aam® ratio «f Mm la to be noted la &BIM schools. Xbid.j 15» If* -slight Mm* in the wMB of iMb Ue oomr n&T in Ml lMd<> 12. Wo in oTfexfomo in private schools In 1926 ma duo to ti" .. cv : r: P.T . a n,J7 bM...;/ :l'3erKl h; ;> 7'-r E rni ou ito cm school ayotea, attracting acm student® who raMit normally ime attended tho Maaimo* Bapport an Toyotand, no In 1927* SOO IW7 Tiie Caoiagion Imo llSwToa pra jotod the o ming addlMaiel @<tioola In witlah MoMeo of the ||M| an the weet Coast* oinu 10th 3eeo*> KMj lb^., 12th ?8 t nonort on 027 IW£7W. $O» 3000., 111. 37. Mtnut-oa, 4S iea«.f Wu sm« l ■'. 71 *—• 103. IJG : hnd bsm established In too an* a half yeoro. 105» Htn., IW. TEEL . 7‘a >O., 119. I®. .coo., 177- IX. fySS Jiopogt* 90* Ho srrked Incro.woe occurred in 1926 or 1927* See 1956 Ibld<7 1927 XW»» Ihc decline in 19? 4-23 .oe duo to 1 toncla l r depre :.^3ion in tSo country 1)8. T§gPSZ report, 17. 109, i.a> ibuT? IXO. 2?» Iflg? IbU.. >O-jsl. UI. Scan., T®7 r 111. U> o " 1-22. 114# -h MM** M* 115# 68*®* 7X30. in UR? 5? mm and 40 I pports 116* statement of Hr 121 were graduated from th© Training Gsl "In s VR7 JWs£t> 101 . 8. -GV „> its.' sass.TW- V. 9. on., 69. 120. 1W Wjort, isi. r - » 148 j the Oarwataaian has found m fault with wolf WbW Wp ate mWhdlf sworvlaed by the WMOM&I Wo Wm >1 is booed cm the principles advwtsd the ctmlosion* IWm ww Ibid., llth seaa*> 81$ X.. . as. —™ . : - 3®** •♦ ‘‘"“‘TSCh ' "71» 1% stated that only • 1 were hi training iocafly. 127* Mlnut - .css., 78. 128. 202 •’ during 1927 toe number in toe norml class increased from eight 'tB 1927 Report, 53. W. 1925 Report > 4>W'W7 >O-52. l>o. 1925 Rapportj 10. Ipl. M. MRrohand, minutes, 9th 75» increased tre© fourtem to MMMMI 05* limt/p. Mh iwa<> SB. 15. - „ _ or cUXieulties enMmterod< W 1 IcSG.» 121. s?* 1 journal HO. W> 14U* ye. uch pc yp. SO? Ibid., 06? Minatos* 9th Jess., $1? Ibid., 11th scop.* idJT TOHTTF. — 141. zao., 84. 14J. I . ~1 r diaute, 25. lbid*, dess., JU * 146. 'ee p. 5. 4?-. j .> - » ? ’ / y' 'L'c a <,U '•- l-clv =r'4a h; the ohing staff. IMT . « . ■ . .. l2. —so, 151. The Report then wifey examination showed that practically nothing was belnq the education of girls. See pp» 44-47. 152. P. >?. 155- P. ?1. ISO. d. .xwomti, IrMca, 3oos. # W 6. p» n. ‘ WB. Tw We BW WO* Himitooa 10th Sem»f 102* MU 6h in 1927 too re mo a Ml** falling off la th* of md Report g m* lik iMB* aB UK being mde in carrying out tills pollay"but it has not yet been fully realised* fopport* 16 $ IX7 Wm &WT1926 rapport* £l-22* 165. S@®a«* 152 i See also Report, 100. 166. fXnutea, /th Jostu, 26. 167* 168. IXO6 eport, 11* 4 . PROMOTING EDUCATIONAL EFFICIENCY The of building on efficient MMMMII eyetea in Me mMted MMM If MB of Me mot ooMmml emfranting *• M»W posers* Mo nut stoat to be organised* Mo disinterest and «MB hooting of Me people in g|M» tMMMb Me awiw Ml OOnfMtl dlaloots which mat be the look of trained teaohoro and of eufflolmt IMBI aid are mof Mo |MMIB whleh AtMMMM* mM Mtb W years will doubtless bo r MM onyMlng th# standards fbmt in am MtlteM MM ShOo progress will bo MHb It is that all resouma wallable shall bo mod for Ites benefit of pVMMBfe gemw tim# In 11m of th# aetaM&Mmt'.af aehonle thrmghmt mr® bMorad tMVMM&Nb pmalblo mly Ml mmh terMtoiM® dwel- Mb toa Mat Maalcoa* aliwdy fminted and emaeaslMlXy in M uHUMI by Mt Owewmnts* SM tNMM es cooperation of tho. idMniatraticme with the inter WK by fIMMI of gmntwto eid? it likewise Involve® Govemnent standardisation and control of the •mIK undertaken ly the caloelona* tor problem aria Ing in each territory my be briefly reviewed with profit. lor Hao tew .ddnlatrdlm of Janganylka pursued a policy of lolgoer fa ire respecting eduo fl n 9 leaving it largely in the hande of the niadono* Lua primarily to toe efforts of the this policy has bom abandoned. • < the third aemlMß Mfh icksoll colled attention to the that the Oovernmmt to take no interest in cduontion. Ur. stated that thio was true I the idMnlatratlan mg just bginning to work out a pradlc I .cotluml policy. MB* deceit then add that sho would be very pleased if tile Govcmaent would give owe con-17a sideration to this matter than it hod in the past* The following ocoslm> iir* armoby-Goro reported that the Government ms beginning to aid the nlssions aaaemat in their work. In response to a suggectlai ande by me* i;ic^ell f an advisory coamittea had been charged with the t ak of stanß 173 daMislng the educational ayateca of the territory. During the olath •Mltab /.iclwoll pointed out Wife according to the MM* *MI rwiew> the policy of the had hitherto been to refrain iron asl> ing grants in-? id to aisslsns or other non*Govemaent acaoolo <m the ground it was the -of the Geromsient bo aeeune the obligatlc®t of odueat-174 ini; the toabitnnta* R Xfa however* tho Govemaont had not itoelf muT> dent reeourcco to undertake tills teak directly, would it not be well to sMMW to asperate with Mb wtolMßT 1 * ii?» MMfIIROMB thm agreed. soylng that th® Director of education for th® territoiy was now working out 173 an arrangement with the oiosim schools to tills effect. During tho ninth soasiane Mr» ooott, the accredited representative, told the Cocnlo* ©lm that the education Conforms® held in Dur*' o«jaloam in October, marked a distinct step forward In the educational policy of tie torritajy. she policy of nm-particlotion by the Govcraiont in tho oork of the ©is* aiono had now bom abandoned} henceforth the Gavewseni would closely cottp* •MM MIU the®. 4 plan of public inspection had been worked dM ' 176 pmmtt splendid rooults. Ihls arrsngeiasat was ty the Co®** mission In its to Ml Council. ' the BMM* Tanganyika, io for the aojor pert of oleemtuiy education to bo carried on by tljo Mcsions with Jovom.iont aid and under Govomamt inspection. A control advloory comities has been appointed by Ccvemor apprising ombers of the Govemaeat sewlee and yersens representing the Mastono. It is nso io tod by a nmber of d lot riot oomittee®. Inn-poo tian lo carried on ty Sovomient s wd swaiotont hmdmstere oonditicns 173 in vilW:® ochoelo* " The GovomuGnt of wnda-Unmdl, while maintaining publie wjhoolo, tips likewise resorted to subsidising Manions in an effort 179 to promote the eduoatlcml developnont of the territory. The plan has . _ _ M ISO In general fulfil led the desires of tio Commission* In British Tokeland education is almost entirely in the hands of the missions. Tao only Govemmmt institutions ar© the trade sclioMn at Koto* Krattli and at no* Ihe Administration too been very liberal in subsidising the eork undertaken* It has established otendardo for the Masions to fol-181 low rnd inspects them regularly. Apcclol efforts are now being made to 182 Improve the efficiency of all the schools In the territory. After per» aio tent reeonomuationo made by members of the cemlaalon, the Hodge eehool s in the British Caocroons hove been ro-organirod and orc now a fully in-135 epected. ' Bath Govomaont schools and □ieslans are found in the territory* Granta-ln-aid are allowed to the mission* ehloh oro open to inspection* 7ao AdadniGtratlen has lately decided to prohibit indisortoinato X establishment of oohoolil nhlch are inadequately staffed, badly equip cd, 134 I -j • rvlaod the of proper of the oohoole in tho French on Hie Beat Coast of Africa, too been given conn idem bio attention. During Hie third aceoian, 31r F* bhgard, in disoueeing tho 1922 sports on the Frondi cane roans and Togoland, enphnaired the necessity for Hie Governmmt to supervise private sahoolo in the territories* M* lAicheno pwmlaad that this aould to done a© oudh mlioolo iao wore opcndd • At the noict aooolon* sir F* aohod j. Duchlne whether pomlaaion we noooßßarF to e eehool not romgodmd by Wo atate. 'Bxo latter replied tot thio woe not required no the French were Mmemod with the emmiee of rc4lglouo liberty*With the eweoptlon of the stehm spools* no non*romgai»ed InMltmiom misted* if to gm quoat were node to open ouch, It wg granted but tlioy wore coi>* 136 trolled. Hw rooegnisod schools were visited regularly by on topootor* During the ocoolon, sir F» Lugo rd raised to question asking *• If mu w of lismeing etools* The latter ro* piled oehoolo mat obtain • UMM but that thio wo mA 187 neeeooary in regard to mhools. m easMMng the Re* port on to rrcwh Oamroone* sir F, Luga rd A tore wore 4*ooo child rm attending dwemmt shoals and 30 t OOO enrolled in private institutions. enquiry shat kind of control was mamlmd cwr the latter* g* Durfee replied tot they we Moslons and a© n ri* ed s was mt regarded a® neooonoxy # sir Frederick atod how the Administration would asoortaln tot the totrwtlon given we purely rolV M» Bawhmd wid tot Adalxilstratlon me |ge famed the |MMIP if the mildrm Wlf tta mW© chief a, go mid that a mmittee m |*Mt odumtlon had been wrmtod «hl©h mdo it poseiblo to together ©ll utaff MM Ml tmofUslal, dealing the Honors 1 problei of odtaaii® so that thsr would la emm most MOhfWtt am ©f UWSloplrg WUI ptat WB M 1%) tho la Its report to th© ooisiell* Umi Reports on the cao* ♦WMM Ml indicia that aw now being Mm to M eMMWhM ayete of Ihl MMMlw* During the IBM WNftMb < the omMealm sM the W®tim whether th© schools «f south-scat Africa, ffMftH? Mtthw# sere inspected. SMB Herbst assured the Gomiaelua that thia ms regular*& done* ’ At a Mtet session, sir P, ashed if *BM Ml foM possible t© create e pomnmt BMtall Smit Bl MMMB the ©operation ©f the Goremwit mi th© nisslme. *» Hofeeyr stated that this Board dieted tB antral Europem and mmlsted @f three ©mpetmt mw tfi© were at libertp to Inepaet oil schools and proposals rw* peotfaig adolalstration* k© would bear in sdlod the suggestion ragardi .*t mtftMimmt «f a ©r©Ul MB BB astM Matte* w* BWMtt noted that th© mXsaion asto>ls ©f QrmBMoA wore mt subj ee t to the omr* tert at «» Ateiairtrattea. ar. Hoftayr that m* oowtrol would bo intrsduawd In wiy near future* In to * ty uir Fwdariok m to Mmirn mtmlw retired grania-ln-aMf the Sib AM& wpreswntatiw said BM only those SMB BBS* to tospeetim were oubaidies by G@rerM©nt. After dimuaaing the pmhl.©y tag again tMBi wt semlm* ths domlseion in its report to We Council* e*Mt tMtINAMI notes with satiafaettoi that hwe is a certain sMunt of cotlperatlcm between ths AdhdMstsutlen and tbs heads of the different ateiw# Md it hopes Wat it will be possible- to give to this oollaboratlm the fom of an SdMhMV board* SB which the Gowranent and missions and peibaps other elemis would be represented. it also desires to imw what supervision of atsslon schools is BMMMi hr way if MflMmr - - ' . / . , . . , . . . ' oßt the reowsMdatlon thus sbW* Bo®U®3 are granted by the Qowrment W Malone > cmr of these Wm 9WMMB* Adhlni«» MNdWB hau 11 oolty to Uw opming of Wiool «hm thio is retired in Wt interest of ths territory. All WM WIMWIIMMI aw carefully impeetod* in tho dissuasion of ©ondltlona in <xlah me lie Id during We fifth seesiooe Sir F« enquired the AdMnlst ration mu Id establish tespootlm of Mhools* Sir f Coelc* the ©filelai replied that We Mmoml ms rosy rolwtMt' to do this a it the asne follwed In Australia Misra Mosmta wore' left alone, uiseim MMl* were mt sm&* Mdlsed and the did mt llhe to interfere / . Msheell said it M found th Inwtltute •one se*t st crntrol ooe-r tiwu amtrol* hits mt yet too been extend<d uimtoje* * In .jstorn on nCwitiai Bou rd Mae hem I to oontrol tic oMhe atottol BRMM fearing represents* tivce at the , 'Wmrt end of the aisslms as mabem. inspeatlsn of th® schoola is carried oat by senior education officials. The Gwopanmi ent sto Mseim schools M-Western SMB »W The (Mtaalas ont hoe fully approval the oyatm in thia territory. " During the eleventh session* the Oambeleß criticised the Government of Ben for its failure to de® ide Aether the aloe ion diould be or mother in future ahmld be in th® heeße of the Iy» .-We official prmlead that a deMMon wait be mete an the mttnr •Htas oot ’ ' ■ . swlcucd.. ' Frederlofe imloted that, oime all eteUmal smxh m® in the Muße d ' - 1 -p: '7 • ; ■ .^ a -, ■' . \ < 1 / - .c ' : •, with fund® to eosble thm to perfam fumtlam» of fir RMIMIMtI Sb Grwille nyrl®, snM that thle proposal wuld be to Hb of the Mnlnletetiim* Um smiler of mbal* iw® being olwa oemlderatlon iy the oqA Ooreimmt* aenpeotlng H2O oupervlalon of in th® south sea B*i under IMPBI HB MW MM* MtM Ihe educational policy In MqMt to prtoary and B&lto oMmAi and Bb bMMBMBMBBBBiMBB Training Mhbl under the south MB Bureau is winced by mw of Rules and MBMVMmb leaned by ths SMB i Buwu# and officials Wd frm to to time to .irpaooe of liMMMM and guidance regard to firtwW th b spolal rules eonsernlng Weir ©upsrrlMon but before a private school 4MB M stablXWod Ws fMirier to to ob Mm Wo suthoritlss* We South MM bwv .. st »to oporto Mbs priwte schaelo sr off tola Is to Wes Wr the purpose of Inspoetim* We mtotton aanooto now Mto M&t are a omm of roligtom >Mf a and are different in MMe •' '• ' • ' ’■' ■ ' • ' ' ' ' ‘t- >. '• ' ttoe . Aocordlngly th© sosth ams Bdbwu toM not ohgF aupowlston owr isr tho fMBtoB *• tm mMmm to be filed with We Bur u 5. • ttoto tototoMto wl to to Mto 1b» “ Ihe aloolons la amru give rollgloua taotruotion only. OMf ore granted 06 IB BNMMmi Wis prterily md@r ths emMel Me W MMMMB if owMsato of atetkml in the M« tMMMHM Me Mm Wing W bmMm Ms MMM* alm fOM M • I &0B to the eMmMBI in Palestine. sir Herbert MMl# Me official ©plained that graMo»*liwl4 Ml •Ml to MtMte en Me MMs et laspeeHm ths Bdhmtlm Ml MM reftmd Mm a IMA MM« «W oondltim. Sir F< IBMI felMl Mb yßtwt Bf MOM bmM Ini mml bMIMI 11* and ahsMer all Mtmls wn 3mpwted« .Mr gwrfeert sold Mat Mi Ocwßmnt eoOd Ml the opmlng of Mwto* it ww wm soyMl grmM Met bmMMM BmM M ImbsMU Mate* eell mbac iMMMMI BBMMsM in saving Mlt oMng M Me gMMI of wttMßMe MP of MbiMi MIMI M Ml MMlmm* OomteMm eould not Mm • eomeeted >Mtwe> «h® MM glad to note Wat the rMhlng •>.'p M Ml MM for full InMNMMk M Wa MMA of MMMMMb At a later date, We aoAM Wat Ml Mg Mao Ml prolix M Milo# the official MMMMMM MMM UM for wtlm had boon MMM IM MM IWownt diffloulHoe mdo FfognM slow* Local author!ties would tww to be before Mi Mi bo done in the matter of MmMMi ©MtmW a soot aeriMi I M In the of miffing th® Mmtioml of Rtla«H©o< Wore Mt Qorewwd Mwle and non*Gwcmamt tMMM Wo MMm MMM MMt Mb M MMMM M JMM Wt M' £>4o girls. Iha FMt Mi iMMiI vdW Mw and girls* the 185 (MM MM MM I* We 'MMMF tare m MMMM of Ws and MM* Ml (Weraoent rogulorly m&es |MMM •- 1;) W M MfM MMMMU ' Wo mMM* of Mot of |MMO oohools is MM ms rained sir Frederik during Ml fifth oeseion* Ho OB assured M M OMB that all tOMtal MB u Wooe WIW ww founded If Brians Mt Lebanese were inspected the looal author!** 0 sol IF Ml MMIM# Ml HMi MMwM but snly OMM Bentstives of We oonslaoariat inspected. oMM* MM If foMM®*®* Ho sehool night be opm-od without perMoion frm We High ooßKdmarlat and. meh mo gwnted io aha hold M*l Ml r -3 MMMM a Mb MM MMMIMI Ml fMM» ffii M 4MM < all |MM MMM In MmMdF Mi hie h&a been able to effect emo aBBBBMiBMI In th e PIP system* ' 2he of the rhloh io MIU . ' - . . ~ .1 >., ' . • , lt j .- ''\ ■ "’ > ’ r •_' s 214 □one headway lebhig mdo in th® direction, OmsKemble dlaor* still prwallo in aIWBB me etieeeae ha* been achieved in th® effort to rt Bb the nemretm deoMkr>tloml schools MB* Inlaid hare tom regularly UMI on eondltlm thot stwagea by the DepsrtfWit StNßßttMl be MbMMMI* MB 900 mila MBBfal MWi sype in M© ©mmtiy but 200 of theno ar* me being Inspected Ihe e&mtieml 881 la in of the if Mm WB le < deal in tho B ; OtBBBMI parllomß ho* shorn a to fWor thio mrh I xh 216 BMBiBBB Mfk' W BMB« xr aim* the AdainistrstloHie hart been end ere at preedit esfesvor* lag to a mro uMXlod end efficient oduoaMoml eyatm in 88l if the torritorloß wider mandate* WMNHtoBI offielew deponds to no mail ameure on tow, Stoc ! ' to eatoMltod and inspected and toehem Mil be ®MMr4 MMi adopus to prwtoim la MB for mah activities to the territorial We en@Ms at every etaBWMM ' Ml MN* in to final amlysb, - If upon toe mm appreciated to it M* effMu Pot tola MW Wo MUM Ml owrtod toe greatset of Mtoß once on the mandatory powers to arouse them to the need of increasing expenditures on native education. Tn© matter has been given attention in each territory and encouraging results have already been achieved. The action taken by the Pomiasion with regard to south-West Africa is fairly typical, the process being the same one— the discussion of the Annual Reports, the putting of questions to elicit info motion, and the making of suggestions to the mandatory representatives directly and to the Governments through the official reports to the Council. In the course of the discussion of th© 1922 Report on South-West Africa, the Commission did little more than ask the representative how much was ex-217 pended on native education. During Wo fourth session, however, Mme. Wlokasll remarked that the grant for native education *seemod to be veiy small.* Mr* Hofmeyr replied that the iwmt w s not very large but that the Education Conference which met in October, 1925, was of the opinion 218 that it was sufficient for actual present needs. This explanation was accepted tentatively, nothing being said about the miter in the report to 219 the Council. In criticizing the 1924 Report, which showed a slight in-220 orensi in money spent on education. Sir F. Lizard called attention to the fact that the amount ft was still only of the total revenue.* Mr. Smit, the accredited representative, said that ho -thought that this proportion would be the same in wet countries. Sir Frederick replied -that in other protectorates it was greater but tot in practically all it was 221 laomtobly Basil. y. 9 instating th t oore .aonoy should bo appropriated for education, explained that *»..*to rec am why the Cai stolon insisted so on tills mtterwoe tot the whole prlnci* pl© of tho adndatoe, no not forth in the covenant of to Length of ’inti one one b sod on the idea tot these backs rd populations should bo entrusted to stated which were prey rod to inprovo toa, and tot to- whole of the t rrltoiy should bo odalnintrrcd rtorily in the interests of the n tlvco on behalf of trio League of Ballons. dw a mndated territory towod a financial situation in' which boroly 15 of to rewoaue wo spent on to •duration of to natives, it was obvious tot to orsiaolon wot enquire whether or not to spirit of Article Tsonty«*Two of to Covenant was being oarrlwd out. If onlgr 15 of the revenue sea spent m 'to oducstim of the n tivea. It be coneludad tot, in to view of to sradatoy power, gpp toy did not ixrlt greater on toir boho If ' to (toir* of to gwmiealun said tot ®he ho we, Interpreting to wiohes of of his eel leasee in Inviting the canto lower t© proeent to to on to following day a etatewnt towing to view of his Govomaont ©nd ilo om On to prograa far to oduootto, Intolloetol fomotion end derelegamt of the native popul of 3ouW*Wat Africa in with the Mealm on Hie mndeteiy power by \rti Wnty-Two of to Covenant, which the pomwnt mndoto craatoian was entrusted to auporviao. Tais st3tou©nt maid constitute for th© Cauiiaoion □n authentic foment, enabling it to deals re itself a tiax ied ulth, or on the contrary* oatorioing it to call for further efforts fron the wdatory power. 1 ’ \ftvr stating that south Africa nssuMl Hie of Ito M Mt view on the of B tim ao fol lows 1 It Ml be b |OMM out at the previous meeting that the Mbalnietratlon was spending only 5,3X1 pounds on the education of the natives, chick amounted to only V' of the total revenue, lie wold point out that the \dalnlstration mo spending name 40,000 pounds per nmm on the natives exclusively, though they in direct taxation contributed only 1,800 pomds to the revenue. In addition to thio 40,000 pounds, expended for the exclusive benefit of the natives, the A&alnlst ration spent 300,0 JO pounds Upon services from which Wo native© benofitted indirectly, ouch as public buildings, roads, bridgea, telegraph, administro* tion of justice, etc.. caxilcoion appeared to think that on expenditure of 5,500 pounds on the education of the natives ms too s$ll» Ue would submit that those cho dealt with the mtiveo on the spot were in a better position to Judge aoc itoli aomy usefully be dwetei to thftir odumtion, then, those who were nsceeserily ob ip cd to form thoir judgiient without first-hand knowledge of the ccadltions mich prevailed In the The policy of the Onion Govcmient was to the native [>opulatlflß grsdunlly so Wat it night in tips be fit to x-d ilniator its mm affaire under We guldamie of white'officials to satisfy Ite on; Mb MNNMId* the Gowtmmt it wise, so far os We imediate adulation of W® natives mis concomad, to entrust tills wxk to cxporlmced bodies like the mien ions, wuich had been wag&lag among Won for several yesre, Ihe MNMMdk would be prepared to- MB MS tMI wrk as com as wee evidence that the mlaalmo wore umble to with In its report to the Cornell $ to ootuloalon ato tod tot It hoped it would be possible for th© \dMnistratlon to devote more fundo to native educetian. Uhe amount wo increased, but during the ninth session, In ro* viewing to 1223 Report, to Chsirmn noted tot tore ms *a veiy rrmoHmble disproportion in the amount of emended on native educe tian (6,300 pounds) os with to amount upended on shite Gdmsation (63,000 226 pouida).* gait undertook to explain to discrepancy. He sold tot for shite pupils had necessarily to bo more el iborate and expensive; also, tot native tochers were paid loco. In the report to to Codicil, to coaatoiun again called attention to the meds of the natives. ' to appropriation for mtive education ma again inerooocd. nevertheless, in discussing to 1226 Report during th® eleventh session, dlr F. tug®rd to fsst tot to total sm allocated to education e in saounted to practically 100,000 pound® vhUo tot assigned to native and colored education had shown only a very gradual rise froti 2,300 pounds in to 8,100 pounds in 1227« He tot Uric trot ion fIIMI MM* • IM*M Mi ** MW M’tfc* education of IM natives* □r. kit drew attention to to table on page twenty of the Report, {toning to direct expenditure on natives. These ouno mme directly from to white mn’a pocket. Of a total of sons 7(30,000 pounds expended in 1223*26 in to territory, SO,OOO pound® went to the natlvoo* The riilto men could not be ■dy requested to contribute more to native affairs under present conditions. However, the MMUa again emphasised to need to IMMM to amounts for native education* *lll® the dcslrao expressed by members of to hwe not yet been fully reel tod, IM dlscussiom <iich hove .a .1 e 1 ; X-' a G .< i i j .. e 'I ; . for MMBBMMM- Iho MMMI MBOili native education have gradually rlam «» follonai in >*ooo poundos in 5*900 poundal 2>l in 6,530 pa.mde> in 7,100 poundoj in 3,100 }a®da. Ute of for edwatlm baa bean diacuoeod in respect to pwtem omoa* During thr third ocnoion# the Ghalram noted that the aua appropriated in (5,2% pounds) did not appear to be- o large one* copoclally oimo tae natives paid nearly >,3>o pemd© in Vso®. Sir Joaos -lion, ths accredited raprssentativotrailed that la A Jie sMoo* <|uaßt budget 6,345 pounds hod boon not aside for education and timt ths 252 amount under tljlo heading so ild increase. * ~ the Repart Indicated 253 additional espenditures for total swunt being 7 8 pomds* * z 234 Xh the im ms increased to pounds, '' and in to ■:>v\ pounds. Conditions in Wew Guinea hwe also been discussed by the 2% Comnlesion and teroveaento have resulted* In pound® 257 were actually expended on education. ’ Shis oun inoro nod in to 2% 10,150 pounds and, in to 18#$® pounds. * Ih© latter am me due to needs and,ln the ataoUnt of 10*354 pOMNiB IM • •- P) 7 propria ted* Iha Goxaioslon han a -de Bisections looking toward the of asport gloon the aolioola M waum* During clwmth MB* olon> nuppard called attention to tn© ffeot that tao ”Urop@an oomol coot the Addin! at ration 571 poundo, ©hercmo tlw native coot l»160 pounds. It appeared Uxo Report that tie proportion of maropoan to tMirpon 3 Ao children! woo to thirty. str Joacrili cook expUimd that tm item for odmntlan war® uaproperly oh Coote incurred on boho If ox’ Haurum toacii- 341 era,for exanpla, wore charged to the T uropcan odmol. Tie vigilance of the comleaim in protecting th© native© hoc boon reworded* ihe m»mte eel aside for eduction in iMmi have ©teadily increased* In 485 sMI pmmdß m ell aCioola, M&lt in IW6, fWM w»ft allocated to public oduoatim* " Xnmrcoseg for education have occurred in tec Japanese terrlßHca* Xn for 306,828 yen we appropriated! in yen, an increase of yen during P4A tcie your. ' In IJih tlie am of yon wa appropriated, an increase of 8,415 yen over tec preceding year. The quoation of finance® has also arisen concerning Ihitt, during too third - o-colon, MM OB&lMl |m4MMI (Ml (M t toe (MMMMMI for the police? force of the territory r ?n 100,0 X) pounds -nd for education only 8,000 pound©. Sir F. yig rd noted that tm mount uocd for oduca* MMBI purposes (Ml only Ml if the total budget* Mb 3rmby*Gom> MM credited representative, explained that mat of tee wife was carried on by ■ sicalou conode were mt as yet auteldltod by the Gavcrnmni. Again during the fourth MBINM* MM MMMMM oherrd that tee expenditure on education for tee fiscal period of onoontod to only pounds of a total budget of X t ßll t BJ2 imMM MB twe to education aemed too smll* 1 Wmll aomclated horoolf .4th the remits of the CUalimn. The budget eatlmto for wKg 18>000 pounds, representing 1 of tie present budgets but probably being leae l-> of the next budget* Ihlw did aot be be e eatiofeetary proportion, eaM that it was only recently taut Govemaent had entarfeed on the wrX of education, foraerly tiaving left it to religious aocicttaG and dsotans. The Adalnlatr tim mo planning to reorganise tlic entire sywtou of the tor ri to* p4o ry nd would give support to public education* In its fourth report to the the Ccmlcwlen called attention to the emit sum npp: opri itod for odueatloji 3nd expressed the wish tot public rosourcew would pemit tliO granting of substantial inoro seo ua soon as i.x>a3ibl®. She off arts of the coplosion wore ultimately by the savemMmt*s ta&lng th* desired action, chm the of aiding alasiaw was put into effects the Oisaunte going to education were greatly increased. Ao gir BBVM renetteed during the eleventh the expenditures olinbed iron to 3Q t &Xj ®qwi&g ta five years, ilia figure for M wee 66,000 pounds. reoeiyed' the hearty 251 of the C<xi lisa ion. Under the stimulus the Commission expenditures been greatly increased in The 1926 Report indicates the following total amounts '- education? in 1924, 168,286 franco; in 1925, 501,911 fmnon; in 1926, franco* The Commission in its twelfth report to to Council, officially noted that expenditures in the territory were 255 augmented 606 between 1926 and 1927- ’ During the fourth session, V?icksell pointed out that the difficulty of obtaining teachers in the French Caseroans was duo to a considerable extent to the smallness of the official subsidy* Duchow, the official representative, premised that the obs rvatian of fme. wicksell would be carefully considered* He woo not able to say tot the Administration of the Cmerocns would be in a position to allot a larger grant to to camroona, since the- receipts of the country I ut very great and wore mainly devoted at the present time to works which would pronto the well-being of the natives. However, 254 .verything reasonably possible would be done. The Administration has acted on the suggestion made. Tais is saown by a comparison of the expenditures from year to year* In 1921, the amount we 242,200 irmcsj in 1922, 411,400 in 19^» francs; in 1924, 455,427 francs; in IMS, 580,9/© fnmosj bi 1926, 916,374 i'ranca; 250 in 1927, 1,172,776 256 franco. moroasee have likewise taken place in French Togolond* in 1922, 247,550 franco were oMpcnded or* education; in 192 p, >61,8/4 francs; in 1924, 502,»> francs; In 1923, 690,697 francs; in 1926, 785#>0 fnncs; in MBi WA ImpEwesmt ma 238 to £l© Comlaaion. The Gomlsaion hao also given attrition to fineness in the British Mltsmii During the third eeeeim in reviewing the IMI Report, the Cbslrro called attention to Ml foot that the smM&MB on polio© ha the Pirate of Dikes amounted to 638 pounds and Hmt on education to Msp pgo 198 fOMkl 4* ® total budget of pounds# B® IMI Hi eapenSiiure in <w northem Piwh®# w® 12>048 pwunde *i prh» erne Ml but pounds M of s total budget of ?.r 5 . n During the fifth session* sir f. p. x. ... 361 pounds a total bndgst 10*000 me expended M MMHbM Me MMI If HHi9 MMIB fW Question eould be inormeed. W* MMMMM the iMMMI said thnt It ms that greater mwm eould enable tile to be Mb ™ M Imreaoe mi Mbs 11 the ©ducottoial budget xoomting to potwo for the entire terrttey. A MkfMb increase also tMI yiMI in Ml cwmt being 4*®o fMMe W 0*660 pounds ess appropriated for oM®tion* Ml MI *1 lIMII MAW <-. ’ • 111 IP Hl Ml j -R-, -. ” * in 1925, 0,221 poinds was allocated to '‘ : in 1J26, 5,009 poundal in U 27, pomds. Tao dec line daring 1927 due to' 4h* Caet that toe Govefnnmt withdrew its support of Ml Bream Mission which had hem giv'en aid only The Goviawcnt M‘ Iras has ll&ewloe respondod to the desires of ths Camleoion to Incroaae appropriations for oduc tian* Ihe following table from Me 1925 deport partly oiiowa Me pregrees Wit boa b en no Hs. Hitler 12,000 32,800 3dmr-tlcn 126,566 Ele sentesy S&watlon 21,4/6 to rrlwte jchoolo 17,6/0 26,2/0 In canacnt&ng on these coadltlais in its report to the council, the co.iiio- 9 ion ata tod that it viewed with satisfaction the oantinu: 1 increase of 271 •xinoy set aside for educe tian in the territory. Ths Qomiss&m han 272 also been pleased with the Imreeeee In &?!*• va • - ‘x 1 1 •• in 1925 too 140,000 poundsj in 1926, 194,115 poundsj in 1927, 1,061,748 P 74 potmds. Tae problem of financial support of education has arisen in ’destine in a peculiar way. During the seventh session, tbs Ojaileaion rwUmd swml petitions MB the MB BM of the territory Ofnplalr> ■ lag that the went state mhoale far BB eMhBBe benefit of the MMB» The BNBMB BbßMmi of the hB stated in S letter to the 1 a M the MMMM& to the Ccmdaolm, that the |MMI aehools fWMIBt MB the ; BB«BBBt nothing beyond • trifling gmit*iiw*i । . in BBMB te ggpptlm pwnde or about M of the em approprlAtod for education In BB territory* It alleged further thet the Jswo eo .Wit d?2’ of the population and Mid that they rmeiw a 888 of the funds in 275 to their papulation. fht British owsmmont d in replying to this oherge. # sold ttet tlie crltoris in expenditure MOt thß oswwt of : d . r '< ! lc ’ .. tration provldM for the oohoola mder it® It me ’Mt met of the labile wre attended MNMIi was duo to IB* faot IB*I BB MB prsfmmd their cm MMIMmBB* owr of B* t© no>3ov®m»l mat to the MMI MBeK*» Ml MKdmicn mo at first of <>o opinion that grltiß oworod the BBvMBMI raised and did not reeomßl anp ©Mnge . B 8188 in* omsaing grants to tos jarttit schools. 277 a»e poured in agate BMBB the msaimu B reply to these BtßtlMl Bio mßblmiß *B*mbßßßN|b BBBM taM the ommlasim during BB slnth seas ion Wit Bb BBtMl BMBBMIB BB prepared to tBMMBB the oxpeindltura on Jewish Thoels fr» to r po- ; t We eiwegtMHel @f <MMBt ■ MMMB would bo 'red to whWi wuld stable the state to spend ewe m eat teshi<ml ehhue* g 79 tlm to We &utur®» the total edueettaoai budget inereaeed fro® fMP U ywm | ~ We BMt ms Mb*M XW in it A M in it me Ayptlm yMtfe* in WSb it wc« pomdei h it mo 3 $ r A- It will thw be noted Wet We oood.o»lcn -hae-beo dMng oMMm wife la H* superrUion gf fl IMB mw whieh it has Im* obliged W 4MI hew been eo WrerWelw# it hag dlM* aoowliahsd in We ®sndatorlw to W We for a better wwl in of tiw terrltorlm wider midate* 170. 1286 IBSoFE, 67-68. 171. 1286 IwottE, 1261 1227 lbU.„ 153. JCB6., 100. 1/4. 'k¥ Ur 4 Heportf >7* , 176. tens., 1M& 177* th® Report, si •Heretofore the Gov* ©mmmt anTTcc ■ .0 rwopmelMliiy only for those edu* cat lorn 1 ImrtdMifiMl Si Ift and conducted M Govemacnt mmml> but honceibrth the Govomn 111 recognise Ito obligation to guide the secular educational activities of the Mewlons and to mice provision, in* 1 Mroumtoneea permit, so that those activities my be conducted in aocordame with a tmifom acheue and on approved standard of effic -,• And again, •jbt Government will be prepared to sake a gront-hxiid to ■ ion society in respect of certain rocogttlMl ty of school baaed. on the MM of qualifies BNMI instructor©, the ©ala* rise of the native teachers employed, the efficiency of the school and the cost of its mlntomnce.* 173* statmmt of MT* nlmics, 9ih Sees., oe® port, 55*56, for dose rip tian of central mtrol exercised. Wmcn the Oovemnsnt and the missions io report to be very cardial. In a subsidy of 15,000 poundo imo granted to th© oissiGn MMMe Hmort, Me 1935 IWU> 76-77* 180. T&l 3060*, 6>»70, 181* 3©jo., 94; 1925 Deport, 5>Dl, 186* W 7 Ibid,, 135 • ninutoo, 3th joes., 26; Ibid,, /th Sees*, 48; 1923 Deport, 71*74. Hedge son oo io wre acre private ventures irregularly at tended Id ron aiid having no aatorlale or qualified st ft. Joe IjA Report, 2. 134* 1927 Ibid*, 66 if. 106. xWL/4th 3000., 22. 187. X*» iona*, 44. 188. 15-IA. . : BS*«e Me pEThs* *« iWwgort m the omsromsj, ®j ibid., IMfl MB - f, Tae Cotiaiosion urged that theAOGiiUatimtlma enlist th© aid of aiMlona in eduoatioml rroxk fcgp grmtlng thm Mold Us. Minutest IMx a€. • JlM** srd 3©os., lli"."' < BppWt, .iL2» Wbw&M MMB« IfT* WB> 54*41. 199. US-?; neport, 90s 192.5-34 l?-I8j 1924-25 Ibid., 12-IJ. > lion Is under tsw ehieh is aa~ slated by th® Education Board, on MtMf body, Heport, IM, 201. fM 8m» 4 %fl 12th coo ^ sl * 22j0 2D4» report, >B. 4 206. 1986 Report, 11. 2D?. .:lmteo,~Wi 3cao., p 2. 209. jbLi., 11th 5C80., 136. 210. T&B B»o»i% >2-55; V 27 xbld., 2?, >4-55. 211. aiart,ca» 3fa : ono., 112. ~ 2i>. ■;- :1 »31. 215. iga web wibid., ia>o6. ai«. i>2c '' * xix. It transpired tot 5,500 pomds wore act aside Tor Wis purpose. 218. 1925 Beport, 54. 212- 1924 Tacial Journal no. 10, 1415. 220. See 282. TOK,’ 17X CT. WoS.» I • m2£w»* * 9 > e3o ’« ™' x 25? • jeo p." 41. Report, >s* 2%. W 7 W 7 5 2%. Pinutco, &1* 36. ReporT ?2. ‘ ~“ jeo W 8 on 11, IWO. '4l. inut a» lltn ieaa., 35. • • 14. P 4- 'opori, 11, V>-®. 244. WorE, 34. a 43. ige? Wr. 1 , 1 75. SM. 3«e ife . .c, - >2. 24f. ..inut. a, J st! 3c00., 154. M. ITT; n °* i °> :T • IBHSS 81, 20>. year by yeer «W Indicated by ttw following tablet Total Total percentage of jiMKsit spent -xpendi- 8188 ' Total oewnue Bl Mmtioa tore on including spent on per Head of Tear. . jtoatim. population* "Sbun^ej npounSTT ■■■ ~— • Tl 3,058 0.82 0.47 1,228,586 0.76 0*77 1,257,540 o 1.05 0.88 1924-25 15#?54 )J 1,>24,670 ) 1.18 0»M 1%5*26 )C 1.44 1.58 W 7 . > K M&MB MB MB 1927-28 E 66,677 ); 2,918,400 2.88 9.70 W9)> 84A7 r 9.95 4.70 1. Doee not Include new buildings or of bui Id Ings. 2. not including Grante-ln-Aid. jk Bwßlß* 1927 on lengonyita, 67 *—BSTTF- 6“ Uinuucs, Hess*, 202. 234. Ibid., 6th Hess*, 21. gee 1>25 Rapport, 12. 256. 1927 Ibid., ly. This increase is not 00 great when to decline of the franc ia¥aken into cons ide mt ion. — - \?* ” r ' r 7' ; 7» 553 Ss**» Mfe 351« Se wSnid to the of Dila»» 1 |HE& W approprlatlao far th© aorthem seetlen »s 2*922 padSSiT V > 75• Sth Seo©#> 25* 262< SC 1 " ' aB, w w»> W* 267. 26C. 1>27 xOZT, ?1* ’ W» 1926 707, 24 ff., deMile* 2fo* The tSifJt for raised the grants* in*© id to private Schools to no Iggy Report, 142* Increases also occurred in 1926 (see W I Md*, 125) and 192? IW<> Wl») 271* miu€cs> 12th less., 201. 272. Beas*, >ls- ibid., 11th 3Oo*> MU 275* 'OB 81* . for letter <1 B British MltMMlh W 7 see letter frm arn©Ms3tlon> jlmtoo* MM*« fw frm the not! . aumil Wone ?W« 5. FREEDOM OF CONSCIENCE Wile the onMNf ®rsteß to promote WB education of th® m* Wißb It WtBB |MCMMi tytul* unjust IbMWlBi Hth their beliefs. Article states eiW rosiest t territories Wt tbs smll guarantee fwwdm of omselonos and subject mlf to the mlatwam© of fWOe seder and wrote* We *b« w dates mats in We • iSah'-.Ugr Aall la We ter -.ate frsedo® Of eomelmm and We free of all fM tf wrahip \ to the of public order and Moolmorlea who art nationals of States the of JM&M* oho 11 be tIW to enter the torsi-* tcry end tj travel and reside therein* to acquire .'nd pos* yoperty* to ewet religion? building© and to M school a throughout the lerrltmys it being under© tood, hof** wt the amdatory shall have the rVfit to eWTBIMI cuoh control as be necosooiy for th© txiintesmw of public order and gead govexrwnt* and to tales >U required .?or such eintrol. Article Fiftom of the mndete for psleotte roods? The □andetciy tell see tet cowlote froodW of conscience and the free ox rate of all fmß of worship* subject only tc the steintenence of public oilier end ..aonla* arc moured to nil* Mo dieoriMmtion of kind tell be mde between the ite bitants of pe leetine on the grotsi* of race* rollglon or langwge» poram tell be excluded fm-a :. h* on th© wK ground of hie religious belief* W of ooch oocswlty to ■saint□ in lie own schools for the educotia® of its ow ambers in its om while scorning to se»h educational of a general nature as Ujpooo> tell not be denied car laired* Article fight of the aandete for Syria doo Is rocs The- mndotoiy tell ensure to all complete freodan of eonooionoe and the free excrete of oil tai of worship which are conacmnt with public order and morality* so dtsortnim* tian of Ind tell be ode between the Inhabitants of ffd* and the beban&n torrltoiy on the fMMI of 4 HMM In raoo* religion or ItaMP • Tho ootetoxy tell cnccurcg© purlio instruction* nhioh te 11 be fta* the wdtm of the notice language® in uoe in the territory of Syria and the Lebanon* Hie ripht of ouch to its am sohoole for the Instruction and education of its onn timber© in its om while oonfomlng to mM ©duaotiaml of a goner'l noturo oe Mr.bilstration »jy iuposo* shall not b® deMM or ih© 'Treaty Mth lroq> Article Twelve, prortdeei ft Uo shall be token in Xraq to obstruct or interact© with aiesiomry enterprise car to dtacrinin* ate B9QT MMbMF M ground of hie religious belief or nation* ollty* provided that ouch ©nterprieo la not prcjudieiol to public order end good govemnmt** slaUar prorieione ore found in the mndatoo, \rtlcle five st tings to the provloiQm of any IOOM la® for sMa if public order publie n«mle> the oenda* Mil ensure in the territory freedea of eonoeience ‘oe bbbMm| of all fera of SMhMh eM shall olio® all atselcmarlfe, no t loan 10 of say itate the at MMBto to into# IMM *M reside in the territory for the of proeeeutlng taolr calling. jn occasion the c<xxiisoion has beoa upon to interpret . ■ ■ ■ -cr:o ■ ' \ '■■ ■ . ... ■ . ' / r- eeoeiai. The neport on wmtimed the fast UM cor r lighxio bodM in fee wre in coap *b eagmtered f*tMM» Zw war* three grou|>s**tha WM CMlbliMi the of the *MMI dMM* end member* of other proteotant MMM* fh* matter MB dlM*Md hf the commission in the freeM* of M* GrewhsHSore* the official reyswentatire* sir F* stated feat it Mt th* duty of ths to safeguard the interest* *f the - ' ' not sMMtlBg ly Mh rivalries# 0* sagged v L i : . S , B Mml* MUMI *MMtM M* t*MMB .' Ml that it might to deaimble for the to nr^^ure» to prweM injurious Ml alaaXem. He bought that tna mMB Mt of great I i MMf a rnotlMt of tact m the part of the WeiMf. / £ ahauK result Si M hereby of sotielty mM bl bHMt fw the orto mO the mMmMM of order me the SMI dutF of the W Ito object the mmMMM MMt mM W oSm MMMs WB if thia should to®* MM 11 Si ® given SMmiW# or MMI SmmMM th • MMb to a IMSd the free IM MMI hMi* meemire the 11MW lapsed ST ths mJMaiMiB Mb MIMMI ‘ ccrxflgct With a -7 fee prwisiw® of the the MMmM drafted a r@M»mMtbm m M during neetljag .। ;iw m* tlaimd IMt *MmM fMMM to lay dom • mlfor® llm of MNI I MH* aH **IM» th* SmMI rule Met W fee |9MMMM ef mniulom* wi M free werelM H BM stated SWrtftlßl - tor ha® Umi on Mb cm of foradng with the utwrt B BMlMiilM Judgment inilo-• pemable fw th® alsWiMB < f«hlU MMtaß* Be MH MMhMB «W often te required to slmm moderatim* indulgence and to* MMMB thooe MMB MMMM <W it should M«M|B te to Ml MMM£le at aU — < -'v ',..7 77 O' dC a.lu 7 7 ~7js UUX7;\7 # dO;J' 0, -'77; ■ 7'7'777 all mam MMkNM tew MNNMN* to a ®Bmty?c - Ml ahiah has tem to We mMOB of Wo Ccmimlon om <. ishich thß InbMMMMI result would H to Itett the frtwdm to olaalow snd to hl® 1 MUtMtag ■■lme ad the MMtartea an I tstßte W* UMM MB ox WB fMBtIM • ■ MM the MMMm of tte Lea iMh tew arisen in certain dictricte of a MwrtteMF under Mbit W B* la a® a BBBBBMM* of th? I VMIMg IMb BlB&lMe tetwem We religious aiaaWn® of dlfisrmt falteß* IM M 'mlsato® .uimilonßrles iMceaa Ml -io Qp^ 9 in the BBMB place > ehu: ? oWoolo where th? MlB la inspired ■ M doo trims, xt & .Uy • ‘iw lead to disquiet wmg tew mMh s* ate aw still in a iMaM team m Mb unr l it •ill MBIMbMI that religious rlWlrt. A » past MM wted grws MMI in omtwl Africa • r . .? M MB terri teiy in «lbn ttet> under a extern Wish pu bb* science end the fw® cbm Mt BBIMHMi M he pwaiMe for MnhUqr suWoHty to tste »etim in tti® mitar > for . - 07 ,\ . i - ■ 7 ' ' - tedlce. Thle ifMlMi tea teen Ml certain ® Cimiwlm ecmMewd Wat it would te ' : : 1 ' • - - . . . . . . ... MtoirtrßMto® owmrw wish i ।te jwtl* fM ' mnH ciwmrtam®®- it did tawwr t that it ohould abstain fro® renouncing the criterion it wwoui • - . '. t la judging the legitimate character of any regulations Ehlch evm indirectly effect freedom of omoelenoe. Th© OOml—thlij therefore, drew him to the fact that the mandate mhes th© free exorciee of religion mbjeot to the condition that it should not be prejo* die lai to public order, and that* in this connection, the mondate the mandatory the ri ht to oscroloe ouoh control ua be ncoowny for the of public order. ‘Th<& mlntsmneo of order io the first duty of the oowomor, and order io a necessary condition for the fml development of oil freedom, not excepting freedom of religion. the neeeaoity ■ . ■ •" . . ; .. 1 .'" ; be free fro® oriticis®, wea should suoh !iovo the off cot of reatriotlng In aooa aooouro tho free exorcise of religion. Qu t-ie other hand, any regulations an this object -xitah wro to go beyond io required for the af public order, any censure of a vexatious nature, or such a© ' off cot ox* restricting the actie cions of any particular rellgfew denoatnatlon, would be oontr»iy to the term of mandate* Acting on to surges time of to (mitoion, to Ministration of undertook to regulate to opming of niooians in to territory. Ma Report stateds *Mm Governor has found it necessary to adopt awa» woo M the direction of ©antral of nohool and ratolon sites in order to CMM the If Milin order and good administration* Formerly the ulssiona built IMbT churches and (Mtools poaetimlV where they ©horn Ml they ar® now required to obtain ths alto strictly in oGoordame with the lawj Mir aj MM necessary imrootlgatim to be Mbs before the site 1b •■ ‘ y .r ,7 . . r .1. . . o Ure '-/I *.i • ju the of if Mey do not went church and school In their During tiw ninth session, to Gomiosion Woo* tinted tc de to mine mother tticy wor- arbitrary# Xn jpmoo to | Uon & M'wbr ? 7 - .. consent of Use Gwewior o-sowed in Th® t’wemor his cor> ouly Um It wa dotonatod that no other Madara sere in the m* iBBlWto tot I MB dmlwd to WWW BB tot to WB d n .- t v , - _ rival o rua i 3. Ito 11JWWMM the need to* WWI Uultto •• W rW to WW but ho WM not undemtaM t . * *p W*» donating th® m of a no* nloalon to th* f aotW® .-- • *an ••• - WBl Bl :4bt®d tot thare skmM bo WF W o«l»tene®< Wr« swtt wM tot tw m* becvuoe Uto MMI WWMMI the |BNt« to* Bl I to* romlW tn abiT xa 1 Wtof V* vl toHM BW ■ rat b® to bB SiH»ag th* ®o*Bl©n # th* .ftobf||to| ©t ***** sir WM oamamit 1* BtoW to a W to - tot to G@9em*B *m agtotoMft if dividing ' r^ f - ' - • 1 "'■* 1 ■ • I ..' \.' . ■ .a ■ 7.r\ wl aaan vq«« obtain sites iW 1 roeosw Is* inateed *f - , ।Ww or IW® Bitoxla la tostoßtoiWf a of ot*thtoß« toldmt toolring to fWBW W ÜbcW raUtod to to of a fato Towr Ohweh in to on W g*to to&* soot was abroad 1 | • .ion* ; 00., 146. XX , c . # 5 . preaching nonpayment of tftWM* urging the destruct lai of all force of gMBWMnt ©nd BB tMßtftgl of filial obligations, fW ©a© taMing BBMBI step© to deal with W© deporting Wm to th® ■ of W© district and plowing BMB under ©lmo BWWb© elm. Bi dlocussing the situation, M, pulaeioo said that the amauros resorted to were probably justifiable but Inals tod that to pro* toot liberty &£ omsoienoo, step© should bo taken to avoid abUM© With be ©omitted wader MM# of legitimte »» MNB ©Mured the oomiooien that the Ministration ©M dealing Netful ly Md fairly with the offender©, being eareful not to mho the® mrtyro, B© Mid that there wm oomplet® religiou© WmMP territory, the M#* •©Mt Interfering mly with auW dongeroM MMBhBMkMI M W© MBl fMM MMfel© ®n M* •• MMpted a© MtiofuotMy* The problem of fresdaa ommlmm he© presented itself in MIMM The Jewish ¥ iohub canplained in • petition to the comiMim that the ABMMMBIiMI MBbB Jewish railway MployoM to wife on th© Jewish sabbath and that th© western ©here th© jw© for centuries had gone for prayer, had been transferred to atrangers, It Mg claimed that th© old MM MM MB© to th© Wil io pray were not allowed to fBMB stools in the adjoining alley MMM they Mght root during the and that on om occasion the police had obliged thejerm to |MM W© pmdses, In reply to the firot of these eonplalnto, the British Qovomrent'said that n all ©ffleers of th© Qovomamt are ensured so far a 3 possible Hie right of root fro® 002 k on their om holy days of the wocki but it will be realised that European practice mkes Sunday the weekly from MNM bugtea comet altogether bo in paleetine* 296 mpcoially la • imines organisation M the Beiler departamt* * Wpeetlng the intervention of polio© at Ml MBM| mil* M MM* M inmni mid M* thia was nemomry to prevent a disturbance of the Me Mm MileM who were the legal proprietors of the cite* Ml the Jewish MMMM M *M| to twits and precedent* had in* 297 Produced seats and benches for the use of the worohlpcm. >1 reviewing M imuee * M** was of the opinion that Mi British replies were sufficient# MM MMMMI had to work on M*M of their holy and feast dayc* Were was no reason for Ml M**MMM to MB ®w partisan M* *MM to the IMb W wore* MMMb treated woamhat mfairly in the matter dmurragt an goods MNM ever Ml s*MW« MMMB MB eMM did not withdrew their goods from We OMMe <m srnadey and were not required to aMmge« jewi* MNMMb Worn sabbath was on Saturday* oMd not for the same reamn leave their goods * the warehouses MMM paying extra thia (MM*** 1 BMM MMb official representative* % MMbM We diffi@ilty having three halides a for Ml UMlsai* satwday ibr Wo Jews and for Me MMM*h Be said Mt in fact Ml Jem who left their goods ewer Saturday were not Mtrgod tkMM M» d*Andrade mid Mat sueh a MMM* Ml contrary to Ml term of Article Flftem of Ms steti in MB it MMM freedom of MMIMM M Itete tel tete tetewte teß rarely te ten required to pay teMtehte they sere legally required to do so ate thus the Cristiana row placed In said a privileged fteMte Colonel tete Wat if Article Fifteen were sms trued to literally* to teMU teteteteteß of to Otete Btei be extremely difficult and costly* a* wof to apiMm tot to procedure of to stoatoy wo covered by to proviso tot tetem of • nactooe etoOd be altered only in 00 far teteMM order m net teMgered. while order wuld toteteOy bo dtstobod if three holidays > tok wro totltoed* m tete •• • by temtes* coloml remtod to waUteg sail totont tot to BMilom cemod site in ote to to yew* using stools m to saying tot before long to stools amid teoom tetew* We tastem wuld beocsae f late* ate the yew would ton set claim to the promoter* MMteWwtte the Adtetes* totto be to Ite tete Hi W respect to status wh to polios hte to raws to stole for to yaw ww not within IM> teMte If too had MH been teßbi tore would haw been serious trouble between to two elements te to At a to (Mtessim tel OovMMmmt te itete teteb Another ®tter with Wish the comics ion has dealt in Palestine arose *| oomeotto with a petition of to AdtoeU Jews# numbering I*6oo teMte to fom to orthodox# minority aa W the Jewish population of to teteMte to to effect tot Ite statute ter to < Josiah CM* ounltUo in iMMMI* P«V«te< * th* **“’*» ** »tKml 3«v, violated their religious soruplm, portieularly granting political privileges to Kami that We IMMMMi of the slaughtering of Kosher meat ma in We hands of the nsWimte of We other enmity in Worn the Ashkwnaoio group did not W® confidomei Wat the latter had coked We aovemnent to be allowed to arrange Ito own amt slaughtering, wMcli woo rcßwed> that it had recently bem forbidden to me its MHMMI of We jwiW the MM Wit the Gwemmt could reaognlm only ana csasmnity In MMM Belief wee therefore against Wee© ppprew* ' 500 □lvo octo* ' Mien 'the petition ma ar. Qrmeby-Gare explained Wat 12x> awemsant ms trying to regularise the religious MMM&tiM In the territoiy with a view to leering Wm M ®uh freedom as possible. fMIMB ms Wat th® Jewish gmufo were not hmogmeous in their rwligiom and praotioeo. SB re&l hone oontention ma the riWal slaughter- Ing ®nlmlst the jrWodGK Jmo using only Kosher nmt # killed in accord* mm wiW We piwisiana MB Ihe mMM further do* sired M establish two momitlm? but they mMerod only while the Jew. umbered MMMb so w$ obviously impose ible. Hegotla* tlons were tsMng |*HM Wat an arrant satisfactory to the mM be MMMh M« Mt Bom mid Wet it oemed that We »ly desire of Wo awtim ms Wat it should mt be subordinated to the oWer in Ml iMMI BittjM Mt Ml thia dommd semed MfaMMI by We terms of We mndato. BB replied that appeared to Mmd political aMmop well. h« noted We queatim ms of Importance, reminding the caxdLaoian of We incident in Switzerland sooo forty year® previously leading to an oricndaont of the Constitution WiW forbade We ritual slaughtering of anisole. Hr. crs»ly*Gore declared that We Goverment mo silling to allow the jrthodox Jotj to exorcise their re* liglouo but that it could not pemit two co-equal religious bodies in the satae boo use We local Mrcmuents were largely theocratic in character. Th® Chairmn too of the opinion Wat Wo minority group should be allowd to pooacas a alau£iter~houoe of its own. If the eleughWr-houoo wen a one, they Would be allowed to use it according to their own ritual. Ho thought Wat Wo other complaints were also Weed on religious aotiv g end suggested that th© Qo : niaaim night draw th® attention of the mndetoiy poa r to the prorlwlm of Wo misdate canaeming religious liberty, yr* jnasby-Goro praraiood Wet We would take steps to ensure f roedem of ocMWtan*# guarding We religious rights of 'We fiM» tionors. ytippard suggested Wat We Ordinance include a section providing that if a minority of We Jews could not conscientiously subait to the control of We majority in such mttero as Wo ritual of animlsg it should be free to ala unitor its own animls in its own nay and st its om cast. Hr. Qrmty-Gore thanked U. Rappard for We proposal and said that he JM would convoy it to hi© Govemnmt. ahe tsfeomeic group renewed their in a petition flhlW was considered during We ninth sc as ion. Um. ickocll acted as rapporteur on the petition, drawing a utildh was adopted after dlaousoion by th® Ccmlssian. It reviewed Wo issues already noted and concluded that ©o the test of the serrate rogulMlonfi for the Jewish ecmmlty had not teen fBBMBBWh no final judgment eould be rendered concerning the rMits of the owlainmto. It atn ted hows or > that there Were Orthodox Jews in all civ ill rod ocuntris* thry* certainly live unlcr the national legislation of those countries# if they oon live, say# in England# subject to English courts and ro/jalatlnm# without being wounded in their religious feelings, it is difficult to see Hiy they should not be able to live within a cam Jewish mmlty Palestine* They sill q rUlnly enjoy In Palestine the sms liberty is granted to then in England and wdet it possible for them to live BBBfeeWBB the wary pseu* HW 888888 ahlch prevail in poles tins# it my be BMBBNW to WB such WB wwwbl end erm dmgernus wessme st that of oreaWg mesial religious states within the state* But ths problm will be oxtrwrdinarlly difficult Wth with BB Jewish end with BB Chrlstlm smsunity# 888 II split B| WB • larger number of mB than the It <ll re* 888 wiß BBtBB Wil pWIBB Bit 808 OfiBWWOO Bl OBBWBW bWWBBB BBOBb BW are rarer otill in a B& la ißlMbWlßa* The- 808 ouwlsne by the Qomieaion led to a final solutlm of the <fuwtio&h Ihe re- Ugism. OBWO of the were duly rmognlsM in the ReHglom oomml* 304 ties ordinance# issued in rMlw settle a type ©f thmrstls GOTcmmnt for BB Jews#lt provided 88l each should be regarded 203 os autonomous from the religious point of View. Certain questions involving the same general principles novo arisen in Syria. During the fifth session, Li. d•Andride calling autc-ntion to the contemplated re-organization of the uokfs or religious ondowmits in gyriu 20<5 by the French, ' aekod if thia Implied into rfcrenoe with idle religious customs of tiie natives, y. do (Mix, the official representative, explained that the Jar had disorganised tho religious orders, causing certain proper* ties to fall into disrepair, a supreme Court of the had been established, consicting of the principal yegistratea of the Moslem religious tri buna la of uyria and Lebanon with a delegate from each of tiie local Governments which met twice yearly to decide legal and administrative matters in connection with tho Wckf organization and, if necassuxy, to allot in keeping with Moslem Law the surplus ravenue of corbain pious foundations to other foundations in a loos favorable position. Another organ of control, the General Qauiission of Wakfs, approved the budget. Neither contained any French ©lenient but a delegate of the High ttomisalonor supervised the adminio- tration of th© wkfe in conformity with the provisions of the mandate. The 00 niaoarlat’ a Comeollor of public Education exercised control >0? over religious schools, ©specially in respect to hygiene. During the eighth ecoslm, the Chatman called ttmtion to the fact that a Frenchman had boon appointed Director of the administration of tho Uakfs and enquired 308 why this should have been done. M. de Calx explained that this act was in conformity with the mandatory provisions. Mothlag had been dam in violation of ths religious right© of the £soele©o, since there -on a general council of Walcfs composed of Doctors of Moslem hew whose duty it ws to make all decisions of a legislative nature. The Comptroller General was a Uoslw, as were also the administrative cemisnianors controlling the budget. The French mat exorcise sone supervision to ensure that the property of the Dokfa was not spent for other purposes than those intended by the founders. . ..aioh’wn | ly sn advisor. In reply to the criticism of the syro-pa lest inion Congress that the Railway belonging to the Wkfc had come under the complete control of the French, rho exploited it to til© prejudice of the Moslem population, /♦ do calx aaid that his Administration had merely put the railway in good mir.ing cmler and supervised its managouent in order thvt .it might perform the nuroon a for v/hich it was intended, namely, to facilitate the access of pilgrims to the holy >lO cities. In its report to the Council, tho Commission aoeepted these explanations, agreeing that was complying with its obligations under >ll to mandate. During to course of to aam coos to* Sir F* ■isgard otod la to toMto of her as of to ohrlstiam of b C»is replied tot certain ttMtoMto tot Wen MMtotol frm tto beginning* toto of tlw ctiristlßm wre dto< - tod not ton gtoa tomtoto* on Ito ctor totob to :molato >l2 to* tototoMi tot the totototo wre speotal M> de calx, tn to • question pat H» feMMI concerning rellglow instruction in the fMI Mwols, MM that such ' ohlefly Mmlwb bb glrm to the meaber& of thia of other poromelons MB not obliged to MMM bM MMtRB 0* the wed for the eohoole of the MMW to implw tolerance of other m to a smMhi W MMMfee #• de colm mm M all rIII -w Mamltioe were allowed to sit on the nepresmtatire Carnells Ml that no MMMhMbM «ere mdo In Letewn M W tools of rellglcme belief* Ihe Cor<wlon h«o rovlwed condition© In certain other to-rrltorim* MMb in cmamtlng on the It M WottMl Mil which Milt that 514 e- . existed la IM torritoiy, x 3» pslacioe aM if this freedom applied only to mtlve MIIMNMI or only to alec lone belonging to M definite MHh MB native beliefs an MMI with under cower of legislation mMMM| public Mt or MB •W dliwlminß lions mde against We converted MMMbB refloating the rivalries of We various missioned Mr. MBy< th® aocredited represenWtive>deolarod Wat Were ma absolute liberty Bt MMMtMM for wotyone* WB only BWMMHMiBB •MB contained in the MBOB* Act and were approalmtety time found in new Iceland. M* BhsMiM. MM MM Were Ml • IMMMF of MBMM Ml UM territory. DM adherents of this creed. potseas Wo BMB freedom of conscience We adherents of other religions* Ml wit Weir restrictive BtyIMMBB la force siller to those found In certain parts of the MMod States of AmiMt MM Grey eaid MWe aomw were Ml We territory before net BsaMM took We MMM* MB IMMMMmB MilMI other Wm those found in Ml MB peMlttef to mlntain We |MMB MMBmB of their MnlsW but not to IMNNM itl th® number of yomm elders aust rMW MMBmM Wy MWb to MWMW fWHRy W this Ml MB* tr&iy to Mt Wb A slightly different problm has mMmu in respect to yWMHMM Africa* . MW We MBIM pointed out that sccorA* IM Mi the MyMt* MMtoM Mht IMB yMMB Mb WMtMy to spread in Qvaeiboland m condition MM 'SouK’emwrage all natives under their h> flumes to eeeh in ■. propart that la to sms BIMMI the polio® MB®** M» Orts Wat it Ml dlillcult to IMMBOB ®aoh B miuiremat wiW Article |Mm of We imMAo Wish |MBMM Mr freedom of ecmMlMoe and We *MW W bMkMm to prosecute Weir mlllnß tn We BIMM Bait Mil WB< Wo best say W bring WM&MM influences to boor on We native MB to raacro him frm his om ©nd W place him In 3 3 t 0.3 .. ," "to . .Z. 3' ; 3 '. generally MwMWlet did not favor mMW leaving their hm* b* nappa rd agreed with lu orte that Ml provision In fMMMI £h3t con* MW M the MM* md eplrit of irUeU FM of Ml MMM W pmM that « MHtIMB tf Ml MMM ft MM *MM* MW nstiwe M labor* aeomd m MMBIM Mb ft MUM of Mt g» mHIb wo of M opinion Mt Mt MMmi wet It cmairaged M weh» fMMMt Mtf mM »t be eMBMM WMfMMM MM Mt etMMttai we poMpe ? lltM mMm M Mt tottor of MMt FM> MMI Ml tWIMMB Ml -• vtn '* r ’ 3.3 ■ staple IM» It we to® of ths MBMtMI M Ml Um of the MIMMIM* aMstia* Artiste PM of Ml MM Ml fMM espltolt* and M Mt It me Msg MlteM to toe present MM He M MMMmM* of * politlml or of a mM MH |MMMI Ml etipu* totton tMt also tom rise should wm their toflusnte reemit labor for the 517 MM Ml Mi MMMh“ MIM mmR MMt roti 111 Mi MMhe stated* to the report [of the Olosiom operating la OWNMIMI MNI hem required to furnish a written OMiOtflM|| (a) to enoiet ant support the poliop of t (b) to nil natives under their lafhwe to mH □mt In south-West tfriee proper, Wat is to i ilMa We jnOi* coMAsoim wmld We to hwe Wwnattab la We M* OWBt report in order to dispel doobto two been eto preeset in tIM Ocmloaim Mth Stmt to We sonst£en as to these are 1b wiW th aptvtl ent letter 4rtloU Five of the Bmdate. * BB Ml UfM* the AMMIAMtaI at* 3ouW*Wst itW IW m the that to the 'Whl Mtt 4«m ly the C«nteaiaa during «w taird aMla*, ?y? *. <»*, Map«* pointed ovi ■ the me zoning W mtotaln WBt M we not to W pnwit WM| <MEmmed to Ma* •IIWB ! eaoffsgft 1W to labor before aWi Maataorlm oouM ' ln their owning* «UlB> wo the twidst . bb Metter ' mUsi® Ma maM wMltlom in other tW||MtaM te ensure Mtt ~. u glMNlk ' 1 Mi prtoelpU af IMnW of owscince le rocogalred la all «f them of to gtoon la mt g . WuMtoa WKWIm has awed la th* and be WmM to saoe In the BMMb •• • ' r in mwh mttoroa in. T 7 11. *. test., —wr-Fnrrr Article 16 ststees *The mndetory tell be responsible for doing MpsßitßlMk wer religious or eleemosynary bodies of all in 'Palestine os my be- required for the mintcnnme of public order and good cut. vision, no Measures tell be total In Mk cotte to obstrwt or interfere with the enterprise of ouch bodies or to <M seriate representative or mabcr of the® on the growui of his religion or n tit n WB/" t Allele y o mndfe.cry ahell frm all enoe in the of the Couneilojxf mnogeaent de fobriquo) or in ths Mtt fkm oombSmS i owed the wrious rcilglmo, the tounity of hoa tom expressly guermtoet.® uKmi •ihe ommlOMMmi oeoeeloef the ■ the i" IB and Lebanon shall be 1 halted to the mlntewncc r and good gorswmt) the setivltlca of these 11 ihi ’be restricted, ; '.-. , :;.• -j bo mbjoeted to rvstnetiro aeaottreo an the ground of ir ' pro* vMed tet IhMr eethrlMeo ere confined to the domin of religion. n Hio Mina ions wy 100 concern themolwo olth education and rcXW, ; bo fMBMMiI oi' | MIMI OKI ecntrol by the ©amatory or the loc i gorammnta in to eduo tion, publie inot ruction and Writable relief. n 236» p r gssph 2S. j skwrzomt stated tot it would be 11 vlxj 1 a laid dom by the Comlaete, ibid., 4th Sees*, Report, 88. ; tauten, Wi Jees., 101—02. 893. 'CT'.", "9th «as., aa-15. ‘ K# Sb* 227, 250. 399. 11th a***.* 1». /th Sets#, 131*85• ios-10. >o2* amteMed tot to ortodos Jew would lose toir religious identify by to draft, low now being presented by the pn lent to Gevemnenti gees*# further dlammlan of the ewee* tiWTWL Ibid** IHB a ess* * 116* g»port* 86- acre than an© local Community In ©ch tom or villar;?, but wy section of such Community comprising not leas than 20 adult© may claim th© satisfaction of it a religious end cultural needs 'ccordlng to its own principles; ©nd the local comesunity or its committee, as the case may be, in providing and administering eomunal services of a religious and cultural character, shall take fully into account the needs of such section, and shall apportion that part of the revenue of the local Cowaxalty which is devoted to religious end cultural purposes between the local Oomaunity and any such section of the Comunity in proportion to the of their members./ 1927 deport Palestine, pn*BB-39. The Ashkenaaio comraunity appears to be satisfied, Minutes, 12 th Sees., 49. 206. 2co dapport, 29* 3es s • > 105*06. >OB. see Rappo rt, ». 502« tw- 3ea8. 3 180*81. 510. I de^f 3 IT -" r For an acc atottotottal &£ to 10C> 18 • $1& during the n. ae oto stated tot tto mfmtoi of tom Frmoe ms • trcdltioml protector* received no special privileges In tto * 11th Jaas. * 161. >irw< to .-cast, «<* >l4* goo p» 41. $l5. jinuteo, 516. pp. W-08- ~317^ 1 m|S^ 9 less t 5W* ■ • Util •mb** 101* it Ms WW&Wt comittow in the .©c .iru t© b© ls -co i W4 to Iwa SiH w MM© ®£ ' .v ' 3 1 3 IX7 <m — 27; ~ Cremona. IS; W 7ovoVab Mam* Report on the islands under Japan* 57 c CHAPTER X CONCLUSION A short time before the establishment of the League of nations, Francis Bowes ayre classified international administrative agencies into three groups. Tne first of these included organs with little or no real power of control over the signatory states. tn example of this type is the Universal Postal Union, founded at Berne in It provides for reciprocal exchange of corres jondence, the of transit throughout the territory of the Union, standardized transit charges, uniform postal rates, and the like. It maintains an International Bureau—a permanent administrative body having the duty of collecting and distributing inf oration concerning postal matters and rendering advisory opinions on questions which may be raised by the member states. Commenting on this kind of administrative organization, Uayre declared: ”lhe functions of the pertinent bureaux are chiefly of an informational or ministerial character; apart fro a the arbitral power accorded them in a few Unions, they possess practically no real power.* Ute second type of international organs have authority to control local situations. Juch is he European Danube Commission, created by the Treaty of Paris of 1856 and given power to levy the dues necessary to meet its obligations entailed in dredging the lower Danube and keeping it navigable. Ihis experiment proved so successful that the Commission waa given complete supervision over navigation from to the see. Within p its limited it exercises power of a very extensive character. The third group of international organs possess autiiority over member states, ouch nave been few in number, the International 3ugar commission being the best example. It was created in I>K)2 to prevent the further production of bounty fed sugars waich threatened to wipe out the staple industry. The signatories, numbering fourteen states, engaged to abolish sugar bounties, both direct and indirect, not to Impose,beyond * certain maximum,duties on nmbuunty fed sugars, but to levy a countervailing duty on Imported bounty fed / sugars. A bureau was established to collect and publish statistics and information and to oversee the execution of the Convention. Composed of one delegate from each of the contracting states, this was allowed effectively to fix the duties on sugar, 0 prevent any of th© member states suffering from competition of the bounty fed product. After reviewing the activities of this organisation, Sayre concluded that n Tao work of the Commission has proved that where sufficient power is granted, an effective international organ is by no means chimerical. He expressed the opinion that where co.i .iosious had failed in the past, tills was due either to (1) virtual Impotence of the executive organ brought about by giving it insufficient power or requiring unanimity of assent for action, as Ml true in resect to the C ngo River Comlssion; (2) unimportance of object and indif- ference of member states, as ws® the case regarding the .luangpu diver iiiissim in Chinaj i ipoanibility of conditions at the outset as me true respecting the task undertaken by the Albanian Commission when it sought 4 to create a unified nation fraa warring and unsettled tribes. The Permanent Mandates Commission, although it has some features in comm with other International administrative organs, must be given a separate and distinct classification. It exists primarily as an institution sui Heuer is. For instance, it is composed of eleven expert colonial stratora who serve, not as members from their own states, but as representatives of the League of Nations. Jtrictly speaking, th© Commission has no immediate power of control over the mandatoriesj actually, however, wide authority is wielded over them. Article Twenty-Two of the Covenant provides that the Commission is merely to examine the annual reports on the mandated territories and to advise the Council. Tills bare grant of authority has boon extended until the Commission now exercises supervision over the entire administration of the several mandated territories. Contacts with administrators have projected toe influence of the Comission into toe Governments of the mandates, -he review of petitions has enabled the Commission to exercise a restraining power hardly contemplated at the time of its establishment. By reason of these circumstances and others which have been S A mentioned, toe Coan is e ion has been able to perform a role of great sig- nificance in toe administration of the mandated territories. A review of the activities of the Commission brings to light ccrt in striking facts concerning it. One is ima dlately impressed with the entire absence of national bias on the port of its members. They have consistently shown the most objective impartiality in attacking the problems with which they have been called upon to deal, hua, Sir F. Lygard of Great Britain was one of the oat severe critics of the policy of booth Africa respecting 6 the incorporation of Its mandate. Again, M. Merlin of France was outspoken n his opposition to the loan policy in the French mandates on the West Coast. ? Bappard stated ft er several years of intimate association with members of the Commission that ’ The first fact which .ust strike the impartial reader of the reports and especially of the debates of the Coimis- elan and wiilah will doubtless surprise the expert on intematio al affairs, whose professional studies will naturally have inclined him to cynicism, la the lack of national bias displayed by its members. The credit for thia principally belongs to the Belgian and British members of the ComMsaion, who from the start seemed to take a rather more critical interest in the reports from the governments of their own countries ton in the others. The immediate result of this attitude, combined with tho groat reputation for wide colonial experience of several of the membera of the Commission and the care and diligence with which they have all performed their duties, » 8 has been to. confer exceptional weight on their considered observations. The work of the Commission has been dominated by a spirit of conciliation and compromise. To this it owes much of its success* Xhe reports to the 9 Council, with only a few exceptions, have been wianlmeue. Ihe patience and self-restraint exercised by the Comisaion have become a notable ch netcristie of its work, enabling it to develop a true consensus of reasoned opinion. The Coaraission has been dominated by a desire to render actual aid to the mandatory states. It has realised that, while exercising supervision, it must not injure their legitimate eusc ptlbilitics, It has, therefore, discharged its delicate taeles with the greatest of decorum and tact. Ito findings have been couched hi extremely moderate md diplomatic language. Whenever uncertain concerning any matter, it lias contented itself with asking for additional information. In most instanoee, this alone has sufficed to call the attention of administrators to their shortcomings and has led to the ncoecsary improvaionte. The Comission has built up clooo and confidential relationships with the administratoru f hx. g veral territories. It lias viewed thorn, not as subordinates,but as collaborators in a co i ion task. Its relations 11 with them have bean direct, frank and friendly. lutml confidence has resulted from auca relations. Ihe a Calais t rotors, on returning to their posts, have shorn every inclination to carry into effect the aug cations made during trie discussions before the Calais si on, discussions in which the administrators themselves have always taken a loading part. As .k da -pa rd has said, ft ... The /.mandatory powers have responded with astounding alacrity to any query or veiled criticism of tho Oa&iieslon. his increasingly eager and friendly cooperation on their part is.. .possibly the aioot important feature of the working of the system. It Ims boon shown both in the preparation and in the presentation of their reports. From year t year *- these reports have become fuller and franker. the accredited representatives, who at tie first sessions were sometimes subordinated officials of the colonial ministries of the mandatory power, have, in confomity with tho desire inttotod by the Ooraaission, more often com to . *l2 be chosen from among the more responsible administrators of the territories. * Instead of feeling that they are being cross-exa lined as culprits or even as witnesses, the administrators have found that tiicir opinion Is being concerning matters on which the Ctaaission desires information. They aro not confronted by a group of unsympathetic critic a seeking to pick flaws in their policies regardless of their merits, but they meet with a group of experienced, practical administrators who understand in e very intimate way the difficulties which exist and the fact that almost every problem can be attacked in several different ways. The Commission has constantly refused to lose itself among obstruct speculations having little likelihood of actual realisation. It regards Itself as a group of experts, purely non-politieal in character, existing for the sole purpose of protecting and promoting the well-being of the mandated territories 15 * * a * and their populations. The Commission has acted as a clearing house of information and as a nucleus for the discussion of problems common to the mandatory powers. On a number of occasions, it has exercised diplomatic functions in bringing them together to attack questions of mutual concern. Thus, it has been instrumental in effecting the settlement of a number of boundary problmse, the most striking case being the ad Just-14 meat of the frontier between Huanda-Urundi and Tanganyika. Again, it ws able tu elf eat a reasonable settlement of the smuggling problem 15 between the British and French mandates on the West Coast of Africa. The ; inute a of the Commits ion are distributed freely among the admin is trators of the territories and thus enable each of these to profit by the experience of the others, .he outstanding contribution of the Ccmtasicn is found in this work of collaboration. It has proceeded on the assumption that title mandatoxy states intend to carry out their obligations in good faith. While the sanctions usually associated with governmental activity have boon lacking in the work of the (tommies ion, it has, novertheleas, thus far been able to the ends f r which it sag called into being. It has found free discussion, a careful review of the facts, persuasion, and ultimate appeal to international public opinion to be 16 weapons of sufficient potency and foroe- ihe Coraaission exists for the purpose of seeing that the principle of international trusteeship is carried into effect. Has it been able to secure the acceptance and fulfilment of these ideas up n which the mandatoxy ays tea roots? The analysis already made of the Commission’s activity shows that in every line of endeavor it ha a contributed materially to the advancement of the interests of the mandated territories and their inhabitants, In dealing with the general problem of administration, tho mission Ims successfully resisted the theory that the mandated territories, particularly those of th® n C ft type, my be permanently incorporated into the political system of the states holding them in trust. It has also been instrumental in bringing about administrative autonomy in all of the mandates. It Ims likewise secured a separate and distinct status for the 17 nationals of the mandated countries. It lias taken care that local administrators are adequately controlled end that their opportunity to abuse 18 authority is reduced ~s the minimum. In several outstanding cases the Commission his Investigated serious offenses or all© ©u offenses against the peoples UKlor mandate and lias tikis brought officials to account for ex- 19 cesses or blunders In governing the territories. It has exerted Influence to secure the proper staffing of the territories so that low and order may be maintained and that chiofa, who are utilized for admin Istra-20 tive purposes, arc duly restrained. It has promoted the development of native political and social Institutions in keeping with the spirit of 21 Article Twenty-IWo. It has kept the tutorial and moral well-being of the inhabitants of the territories constantly before the mandatory states and has encouraged a liberal, humane, yet practical policy respecting the peoples under mndate. In respect to oconaiie and fiscal matters the Cosuission, as a permanent organization, has exercised ccmtlnuouscoatrol over the clauses of the mandates which ensure equal treatment concerning tariffs and conces-22 aicrw to all member states of the League in the a A$ and territories♦ It .has succeeded in establishing the principle of fiscal integrity for all 25 of the mandates. It has dealt with the caaplex problem of lo ne and, while preserving the separate fiscal identity of the mandates, ms not 24 Injured their credit. It has exercised its authority to protect the natives in the several mandated areas, preventing their exploitation by means of heavy taxes or large budgetary surpluses. It has studied the uudgets of he territories and exerted its authority in order to balance them properly in the interest of the welfare of the inhabitants. It likewise has promoted the extension of international economic treaties 25 for he benefit of th® mandated torritrian. In dealing with the intricate and difficult question of native lands, the Coamiseion has scoured the recognition of the principle that vacant territory belongs to the mandate in fee, being held by the mandutoiy power in truot. It has reviewed the provisions in the various countries to sec tot the natives are duly protected in the ownership of their lands and lias encouraged individual possession wherever conditions 27 warrant. i'lherc, reserve systems have been established, the Com is si an hue reviewed conditions and assured itself that abuses coman ly associated 23 with the segregation policy do not exist. Xt has freely discussed with the representatives of the administrations of the *A n territories the problems which confront them in reforming the land systems, making suggeations, encouraging them In their woxk, and seeing that no injustices 29 result us the surveys are carried out and lands are distributed. " The Cemission as brought about he adjustment of several frontiers In the interest of the inhabitants of the Malted territories, the most importunt cases relating to the boundaries between Ruanda-Urundi and Tangan- yika, between the French and British OameroonSf between French and British 50 Togolund, and between Africa and Ingora. One of to noct important tasks which the Cocaniscion has confronted is to proper definition of the terrs of Article Twmty-fwo and of the taandatos. It has given a rational and efxactive interpretation to to sla« 51 " v«y clauses and has supervised their application. Xt baa studied the problem of octnpulsory labor for public pyroses in to Mandated territories and tea given an interpretatlm which Wide to bring the previsions of the mndates into harsmy with actual conditions and at to same time to pro* teot the natives. While not yet agreed upon exact definitions, the se»* berc of the tenission have successfully resisted to abuses of to corvee , and predation. They have given special attention to the mt ter of contract labor for private ■ purposes end have assured themselves that legal provisions exist in all of the mandates for the supervision of labor tracts in to interact of workers. have investigated such IMMO penal sanctions on labor contneta, WB status of MMB Itt Industry, and to hours of labor, and Iwe instated that steps be taken to avoid ihe dangers swarm, to toustrisl rfghoae-. to Gcmlssim has insisted wherever desirable, intsmational labor oonrentlona be applied for the protection of tor people. Wi relations of labor and native welfare have been carefully die toWbWbB has agreed Wit W* tMWMWItS development of Wo torritorioc must not be serried on to WO detrWant of tlic Inhabitants and it has been successful in checking tendencies which would undoubtedly have resulted in serious Injuries to the native labor supply. In respect to the problem of labor, however, trie Comisslon has not yet entirely agreed upon the policy to be followed and, for this reason, the results which it has achieved have not been so notable as in >4 other endeavors. Ihe Caailssion has taken constant care to protect th© health of workers. It hag insisted that examinations be held regularly to prevent the spread of disease. It has brought about an increase in the medical staffs of the various territories in order that the physical needs of the laborers my have adequate attention. In me or two notable oases the Ccmaiaslcn has intervened to effect improvements in local labor conditions, greatly lowering the death rate. In dealing with ths prob'em of public health, members of the Comissian have called attention to the outstanding dangers which threaten the people under mandate and has aided in attacking them. Xt ha© been xnatrumental in increasing the medical staffs in the territories and has promoted greater efficiency in health adiinistra& tion. The liquor problem in the mandated territories has been carefully studied and steps have boon token to overcome the evils arising therefrom. The clauses of the mandates dealing with the subject have been given an interpretation in keeping with the exigencies of the situation* It has been agreed that abuses resulting from the manufacture, sale and 'use of intoxicants met be prevented. The Commission successfully attacked the problem of smug ling on the west Coast of Africa by bringing tie mandatory Administrations to an understanding concerning steps to be mutually taken. It is at present dealing With the question of increased importations of 57 spirituous drinis into the mandated areas. Hie Comiasion has reviewed provisions found in th© various mandates to ensure that the traffic in arms and munitions is duly controlled. It two established trie principle that trio mandated territories may not be utilised as troop reservoirs and has taken care that th© mandatory Administrations organise local forces only for polico and defense purposes. It has sec rod the acceptance of th© rule that the mandatory powers my not recruit natives of th© mandated territories outside the boundaries thereof. It has also used its influence and authority to reduce expenditures on military forces to a point con-59 sis tent with safety* ' ‘ In respect to odumtimal policy, the Uraauissicn has succeeded in getting the mandatory powers to abandon purely literary courses and institute the more practical studlesvthe handcrafts, agriculture, hygiene, physical training and character training. In tills way it has brought the educational regimes into accord with the principles advo-40 cated by the recognised authorities on the subject. Ccmisalon has been instrumental in scouring the opening of a number of schools, the cr> ploymcnt of additional teachers and the enrollment of many new pupils. It 41 has promoted equal educational opportunities for girls along with boys. In the °B a and *t* territories,it has brought about co.nendable cooperation between tri© Governments and the missions, securing the grant of subsidies and establishing official supervision. In the W A* territories,it has cn- couraged the establishment of mor© modem educational system is. It has stiaulatad an Increase in esmondlturos an education In all of the terri-42 torios. Finally, the Casmlasion has reviewed local conditions to see that the provisions of the aantatea guaranteeing freedom of conscience are duly respected and tet the of religious minorities are pro* 45 tected. The question presents 1 self as to whether the administration of mnda tod territories Is more liberal ten that of ordinary culonioe. uch an enquiry cannot be answered categorically. Today practically all of the atatee possessing colonies accept, in general, the principles which the mandates Ucculsslon has been following. However, none of them possesses an organ like the Mandates Comniaolon, constantly alert to ensure the carrying into effect of a uniform and sound policy, In cementing on the advantages of supervision by the lands tea Commission, Buell stated that *This *functional l type of control promises to bo much :x>ro effective in 44 enforcing the obligations of trusteeship than Parliamentary control.” Measured by actual results achieved, it would appear that the mandates are administered somewhat more liberally ten colonies. Thus, in respect to the French Cnmcroons and French Togoland, Duell ms notedi In several roapec Ls t tiw udministra Uoa of these two mandates differs vitally from that in French colonic proper, ihe £aoot noticeable differences relate to military and educational policy. Ho conscription takes place in Togo and the such as occurs in aest Africa, iho Handa tee adainictratlon tolerates the ua© of native language in private sonools and it subsidises mission schools# in contrast to an oppocito policy in the French colonics proper* iho French have modified their orestation system in the klandate ao as to great everyone the right to redeem the labor obligation, in contrast to th© colonies (except Senegal), where thia right io limited to a few elaaeos. ilia French do not .recruit labor for private employers in the Mandates as they do in boot Africa* In Togo, st least, the judicial system applied to natives is superior to that in French colonies, in Tago end the Camoroana the open door in tnde is maintained In contrast to a discriminatory tariff in parts of boot and . iuotorial Africa, whll . torelsnors into the Chamber of Commerce* Expenditures upon native welfare in the two Mandates consume a larger percents e of revenue than in best Africa. Land legislation In Togo and the Uamroons theoretically gives more protection to native ri hts than in other French colonies. Un the other hand, the two French mandates have been understaffed to a greater extent than French West Africa. They have not had the financial support in the form of advances from the homa government such as the advances given to gusto rial fries, nor the aid which the general budget of the Federation of West Africa gives to the col onion in that group. The weakest point in the mandatory system is the inability of the Com* mission to verify statements xound in the mandatory reports and to assure to all the inhabitants of the mandated territories facilities 46 for appeal in case of violation or neglect of conditions of the mandates. There is naturally a tendency on the part of the administrators to present the more encouraging facts concerning their work and to ignore setters 47 which might reflect upon thorn. This problem has given the Commission much concern. During th© first session, members noted that he reports were incomplete and that some means must be provided for supplementing the 4a information given. It was strikingly manifest during the third soar ion when the Bondelzwarts case ms reviewed. The Union of South Africa refused to saoaiate itself with the unfavorable report of the Commission of Enquiry which had boen established to investigate conditions. The Demission was greatly embarra sed in that it did not have adequate information available upon which to base complete findings. The suggestion was made that it might be obliged to constitute itself a Qomission of Enquiry to secure necessary 49 data. Hie inconvenience of having to rely entirely upon the mandatory powers for necessary facts became more apparent with the passing of time. During th© seventh session, the matter was given thorough consideration. Hie Committee of the Palestine Arab Oongrosa requested Uiat the toa&iaclon hear its representatives personally. However, th© Caaaissian decided tho’:, w die responsible persons might bo interviewed individually by members of the commission, thia would not be permissible in an official 50 capacity. die Arab Congress also requested the Uaailaoiai bo visit .51 Palcothw end investigeto conditions at first hand. M, . . a eg rapporteur, bringing In a note which favored 0 visit by to Palestine if ’’'oireunstonecs should so warrant” &nd when the .loalon 52 and Council considered °it opportme and possible ” In discussing this report, H. Van Hees noted tlmt the Inability of the to conduct enquiries on the spot was an shortcoming of the mends to systoru Fma a theoretical r low, ha thought that w To the CocLiisaion Ihe to carry out such enquiries would ba a stop forward, not only for the Commission itself, but also for the whole raendate systom/ But ho pointed out that once ®®o undertaken, the Comaisaion ft could not stop ojort at any special point and that it would necessarily cover the whole of the policy in iorce in the mandated tor Ho ma very doubtful that the mandatory power would submit to such interference, further, such investigations would oonsumo a great deal of tima and would rarely produce any satisfactory result for the parties concerned. Sir bugord said that the proposal was impracticable. Ho mndotoxy would grew to such a procedure. ”Xts prestige would inevitably suffer, for ih© Col> micaim or sub-co uittoe would be in th© position of 1 court of enquiry in which the minatory power ©as the defendant.” If information wore needed on a given point, it was for the Council to establish a special body to so euro it. Bio Chairman thought that the Commission had the of investigation, citing in support of thia belief the despatch by th© Council of the Boundary Commission to Ire-, a. d’And rc.de also argued that the Comoisolon possessed the authority to conduct investigations in the mandated territories. M. Rappard eaid that the Comlselon was merely an advisory body and had no executive powers. If it lied received insufficient inborn tion, it should so inform the Cornell nd re-55 quest the foots. Curing th© eighth session, the Cocamiasion was ir>* prosoed will the inadequate information supplied by Vie French Adoiniatration in Syria. LU Tappard stated thats "Under ArMcle Twenty-Two of the Covenant, the League of Hattons was in Hie presence of a guardian who administered end of minors whose Interests were imaged by this guardian. As it was its duty to watch over the good execution of the mandate, it necessarily followed that the Commission must be particularly anxious concerning the interests of the minor* She minor, however, was Hie party with whom the Commission never came actuall? into touch. The Comission knew only of the grievances of the- minor by documents which it had no possibility of checking, and which it must examine in the of declarations made by the guardian. It would accordingly bo regrettable if the representatives of Vie guardian autliorlty san In the importance attached the Commission to Hie grievances of the ulnor anything except • • an evidence that the Comlscion desired to do its duty. The p sition of the CoaiisjioM in presence of petitions ms e:?trf3ordinarily deliooto, as hod already been noted on occasions. Petitions cane before the Oomisaion. The Coaoission asked the mandatoxy power against whose action© the petitions were directed what it thought of the petitions > and the Caa lesion could only accept the replies made by the mandatory. It ms not astonishing* in those elicits tone os* that nations which* under the Covmant* were declared to be provisionally independent considered □4 themselves abandoned by the League. 9 ' Ihe matter ww further considered 53 whan a Syrian delegation aslcod for on audience with tlie Cosiciisslan. Though the members of tac Commission received the petitioners, they refused 56 an official hearing. In its report to the Council; the Ccoaieoion noted the dif. lenity under which it labored in being obliged to roly on parte at -.teuents of the mandatory reports and the mandatoxy repreaentatiwo. Xt emphasised the handicaps suffered by reason of incomplete doou-57 ncnteticn. The question w s age in reviewed during the niata session. The Chimin of tiie Camiasion had received a letter from a delegation of 58 the National Council of Jews of Palestine. Sir F. dugnrd drfto a neooxmndm which bocaiae the basis of the uiscusoion. He raviewd the history of the matter and concluded "tot if petitioners wore heard at all* this should be allowed only la trie presence of accredited representatives 59 of the saandatoiy states. M» llappard also sulnlttcd a note .in which he suggested tiiat iii order to gm rd the beagu® of Nations against tlio charge of apparent partiality* it might be desirable,ae a last rooort,to hoar petitioners, notifying the mandatory power of its intention and giving 60 the official representative an opportunity to be present. In discussing these suggestions* U. Merlin opposed any change in the present procedure. Only the Council had power to receive petition© ro. ‘Hie Comission should be careful not to undermine tho authority of the mandatory states. The existing procedure gave ample protection to bom fide petitioners and supplied the Cacxiission with all the essential information. There was nothing to gain from receiving petitioners officially. Iliis would merely enable then to question the authority of the mandatory and give. them* in the eyes of their fellow countrymen, on exaggerated positi a. Moreover* constant unrest would be tho result. w The consequences would be mny, grave and perhaps without and* and would deliver a fierce attack on the authority of the mandatory power, was already weak enough in itself owing to the institution of the mandate.” Iho effect on the Coaiieaim would bo disastrous* A 9 long line of pilgrims would march to Geneva on the pretext of obtaining justice and would fill the Secretariat to overflowing with their intrigues during each session of the Hie Commission would end by collapsing beneath the weight of too heavy a load which it would itself have boon responsible for shoul\ dering. ” Sir F. Fugard reasoned that as a corollary to the of petition, the petitioners should be heard. 1. 7an hoes declared that Article Twenty-Two assized to the a purely udvisoiy function but that the Council had in addition assigned it executive powers in the matter of petitions. ihe grant of authority was restricted permitting the Oomission to form an opinion on written documents alono. Members of ths Comission agreed to submit to the Council the question of their to hear > petitioners, tho following draft resolution being adopted! llto Co ui so ion has again carefully considered tho procure in force with regard to petitions. Experience having shown that sometimes the Comiseion has boon imble to fom a definite opinion as to whether certain petitions arc wall founded or not, th© Ocsmiseicn is of tho opinion that in these cases it might appear indispensable to allow the petitioners to be heard fey it. ’die Ccmisslon, however, would not desire to formulate a definite recommendation on this subject before being informed of the views of tho Council. 61 Involving the sama iaouo was the proposal of the domino ion that a acre thorough-going questionnaire bo adopted to guide the mandatoiy powers in making their annual reports. As the work of the Commission expanded and its members became more familiar with th© problems of administration, it was found that the n 3 B and *C n questionnaires adopted during the first session wore inadequate to ©licit all the information deaired* During the fifth session, the need of revising the list of questions was discussed in detail. M« urts,who had been appointed to study the problem, received suggestions frexi his colleagues as to what should be included in the now 62 documents. During tho sixth session, he submitted a detailed draft questionnaire containing more than one hundred questions- tie expressed tho fear that its length would give the mandatories the impression that the Commission was control in a spirit of mistrust. dir F. bugs rd suggested tho following preamble to indicate the intention of the Capias ion in soliciting data required J The Percmmt Commission has drawn up the following notes (in the fora of questions) as Indicating the nature of the information which it hones to find in the reports of the mandatories. It is not desired that separate replies should be givsn to cash of these questions, but that the reply should fora part of the inform tian given in the report. It would, however, bo of great assistance to the Pemmcnt Mandates CommlSßian if the mndatary would be so good as to note against each question the paragraph in which Hie reply is to be found. It is hoped thus to fora a continuous index which will be kept up to date from year o year by Hie Secretariat of Hie gondatos Comiasloi, and will fom a useful reference as to Hie procedure in any particular undated territoiy on any given subset where a reply has already been given and there is nothing to add, and the matter is not referred to in the report, no entry need be made. ' ' The mtter wag considered further in the ninth session. 4. orlin thought that the questionnaire me too detailed., placing on unusual burden on the mandatory powers in the requirement that such extended inforaatlon be given, y. Orts pointed out that it was unnecessary to reply to all questions each year; further, the mandatory powers already supplied Information called for by the questionnaire. Ilie document ms finally approved and submitted to 64 Hie Cornell for confirmatian. The Council considered Hie question of allowing the Caxiisslon to hear pet it loners and the Involved in tne new questionnaire during its meeting of September 5 rd, 1926. Sir Austen Chamberlain of Great Britain objected strongly to both proposals. He declared that there was a manifest tendency on the part of the Coni lissim to extend its authority* to a point whore the government would no longer bo vested in the oandatory powers but in the Comission itself. Thia, he said, oas contrary to the letter and spirit of the Covenant. Ho opposed the adoption of so detailed and extensive a questionnaire and suggested that the various mandatory* governments be asked to state thoir views concerning it. The proposal that the Camm in cion be allowed to hear petitioners in person appeared to him to be vexy extreme and full of dangers. Certainly the Council should not agree to such a radical departure without aawulting the nnndatoiy states. This 65 proposal was accepted. The replies received by We Sooretarlat of the league of Nations are of considerable interest in ths preu ent connect ion. Thus, the Union of South Africa, through its Prw Minister, ;i r. stated that it agreed unreservedly with the opinions expressed by the British amber of the Council. It urged that there was no need for the Comisslon to IMF petitioners, the present procedure being ad< . The Uomiesion had vexy wide powers of scouring all necessary informtion. The questionnaire dealt too much with details of admiMstration and iSight bo 66 interpreted as an interftrews with local authorities.' The Government of Australia despatched a note touh Mr. Page, .the acting Primo Minister, which the dangers which would result from hearing petitioners 67 in person and intermeddling- in the details of - .dciniatrution. ®ov~ eimt of Delgium thought that the hearing of witnesses by the Mandate® Ccmission quickly became in certain territories an excuse xor resistance and even for revolt against the asndntoiy power on the part of unruly elements It was noted that, eve® in countries with the most liberal constitutions., parliaments do not generally possess the right to hear xjotitioners* So objection was raised to the new quostiomaiix except that an unusual amount of time would bo entailed in procuring waich 68 might not be of great value. M. Briand, spooking for France, pointed out that it voa&d be untenable to permit the Oamaloaion to act as a court of review before which petitioners would appear to dial longe the authority of the mndatasy power©, hliis would afford a moons of stirring up unrest 69 In tho territories* Hie now questionnaire vas not deemed nccesouxy. The mandatory Governments the British aspire rejected both proposals 70 for reasons ©JMlar to those sxprassed the otlior powers. Japan was likewise impressed with the potential dangers in the changes suggosted. ‘She Council,in ke<piig with the replies thus reoeived, refused confinaation 72 to both proposals. Ihe adoption of the new questionnaire could hardly have involved serious consequences because trie information which it would have elicited is already supplied in the annual reports and by tho statements of the mandatory representatives. It would have possessed the advantage of ordering and classifying the data freely given. On the other hand, the hearing of petitioners and the conducting of investigations on tho spot could readily give rise to dangers of an extreme type. Such arrangements could easily have boeow a signal for all the discontented elements in the mandated territories to challenge the authority of the local governments. At best, it lias been very difficult to control the situations in Syria and Palestine where strong nationalist groups have constant pressure to bear upon the Commission to cause it to intervene in their behalf against the mandatory powers. Until Mie Comisaion gave definite notice that it would not enter sain objections to every act of the local A drain! st rat ion which might happen to displease some factions, it ms deluged with complaints and the mandatory Administrators were all but defied in their efforts to maintain law and order. Ihe shortcoming® under which the Commission labors ar© inherent in any system of international supervision. As dir F. Lugard has said, no first cliss power would permit its prestige and influence with subject r ices to be imperiled or bona-fide® impugned by py hlng approaching espionage and direct intervention by ago ts of the League. It would be intolerable for the Mandates Commission to visit a mandated territory in order to enquire into charges or alleged grievances of dissentient sections of the population. Such likewise would bo outside the competence of the Comiss ion, which ie purely an advisory body to the Council. In the opinion of Sir F. Lugard, the Mandates Commission must, therefore, continue to rely on the individual knowledge and experience of its members aided ty such persons or societies as my make it their business to watch over tie welfare of backward races, to read between the lines of the reports, and to ©licit full information from tne mandatory representatives. Ilie one compelling power which the Commission can exert is the 74 force of international public opinion ehich, in most cases, will suffice. The success of the mandate plan has suggested to several authorities 75 that the principle be extended more broadly. inis suggestion has such in Its favor but there are serious objections to it. Regardless of what be desirable, the nations of UMI world are today dominated by the. spirit of imp ©rielism and could not be expected to relinquish their more valuable holdings. Again, the administrative problems involved In ruling more advanced peoples would be meh greater than those arising from the supervision of Nie backward races in th© and ”0* mandates. The constant for complete independence on the part of the inhabitants of the *A* territories and the consequent unr at and disorder until lately prevalent indicate the difficulties mich the Comtaission confront in attempting . - . / 76 close supervision of/administration. Ihe mandate plan aunt still be regarded as an experiment. The final outcome cannot be predicted. Nevertheless, it has snown very clearly the possibilities of international cooperation in the performance of a noble task. It lias demonstrated the value and potentialities of international administrative organs. Its past accomplishments mat be viewed with inuch respect and its future with a considerable degree of hope. 1. £xpori ents in International Adminisfra tion, Chapter 111. 2. xperimenta in International ddministra t ion, Chapter IV. Iha powers of the Comission were extended by the Versailles Treaty, aee Hershey, s~ sontial® of International P italic Caw and Organisation, plO-11. 2. Ibid>, Chapter V. Paul X Reinseh stated that *We Ougar Commission is the only international organ which has a right, through its determinations and decisions, to cause a direct modification of th© laws existing in the individual treaty states, within the dispositions of the Convention.” cublie International Unions, 31. h. Sayre,op. cit. , Chapter VI. On international uiions, see Re inn ch, op. c^* » Potter, Introduction to the xtudy of International Organisation, diopters XI and XIII, and authorities cited. L. 3. Woolf has classified international unions as follows $ I. Permanent deliberative or Legislative Organs working in conjunction with Administrative Organs? (1) ihe Telegraphic Union; (2) The had io telegraphic union; (5) Th© Universal Postal Unions (4) 'The Metric Union; (3) The International Institute of Agriculture; (6) La Commission penitentiary Internationale; (7) The International Geodetic Association; (8) The International Joi axiological Union; (9) Ih© Pan-American Union; (10) The Central American Union. 11. Periodic Conferences in conjunction with Permanent International Bureaux or ofiicen; (1) Railway Freight Transportation; (2) industrial Property; Literary and Artistic Property; (4) Pan- American anitary Union; (3) Slave Trade and Liquor Traffic in Africa. Ill.Conferonces and Conventions with object of Unifying National Laws or Administrations? (1) Conferences Internationales pour teciinique dec chemine de fer; (2) Automobile Conference; (5) Latin onetary Union; (4) Scandinavian ionetaiy Union; (3) Conference on Nomenclature of Causes of Death; (6) Central American Monetary Union; (7) Legal Protection to Workers; (8) Commercial statistics; (P) White Slave Traffic. IV. Special International Organa of a Permanent Character? (1) Uugar Comissim; (2) Upiua Comiasim; (5) Plague Surveillance in China; (4) International Comittee of the Map of the World; (5) Hague Tribunal a d Bureau; (6) Central American Court of Justice; (7) International Bureau for the Publication of Customs Tariffs. Interne tio ,al Government, pp. 102*0>. □ . See Chapter 11, sections 5 and 6; Chapter IV, pass to. 6. dee Chapter IV, section 2. 7. dee Chapter V, section 6. 8. Xnter at.tonal Relations Viewed from Geneva, p. >3. 9* See Chapter 111, section 9« 10. Note,for example, its procedure in studying and rectifying serious abuses found in the mandated territories. Chapter ill, section 8s Chapter IV, section 4. 11. dee Ch pter 11, section 6$ Chapter IV, section 1. 12- 2b* P* I>. 6 c Chapter 11, section 5 and 6. 14. Bee Chapter VI, section 6. 15. bee Chapter VIII, section 2. 16.0 n -Janet lais behind the work of the Oommissian, so® Chapter 11, sectim J. As U. Bappard baa said: n lt so happens that the latter (the londatoxy countries 1 all enjoy parliamentary institutions, How all constitutional governments arc as glad to be able to quote before their legislatures the praises t.xoy raay have reaped from 'any outside authority, as they are anxious to avoid giving their oppositions any opportunity for attack based on foreign critic ion. The greater the reputation of the foreign judge for competence, experience, and fairness, the more politically effective both his praises and his strictures, it is thus that the Permanent biandates Congniss ion, which has come to be reg rdod in all the mandatory countries with genuine respect and confidence, enjoys a degree of authority and can wield an influence which th© authors of Article 22 could hardly have foreseen and which no formal commentator of its provisions would suspect.* <££♦ £il’* 53. 1/» Seo Chapter XV, section 2. 18. See Chapter IV, □action >. 19* See C aptar IV, section 4. 20. See Chapter IV, section 5. 21. See Chapter IV, section 6. 22. See Chapter V, sections 2 and 25 • See Chapter V, section 4 23. Chapter 7, section 6. 26. Chapter VI, section 2. 27. Chapter VI, section >. 28. Chapter VI, section 4. 29* Chapter VX, section 5. 50. dee Uiaptcr VI, section 6. 51. bee umpter VII, section 1. 52. Chapter VII, section 2. 55* dee Chapter VII, section 5. "34/ 'loo" V XI, section 4. 53. dee ®apter VII* section 5. %. dec Chapter VXX, section 6. See Chapter VIII, sections 1 and 2. >3. doe Chapter VIII, section p. dec Chapter VIII, sections 5 and 6, 40. See Chapter IX, section 2. 41. See Chapter IX, section "42. 3ec Chapter If, section 4. 4>. See Copter IX, section □ . 44. lc F,roblem in airlaa, I, 559-40. 45. Qp* cit., 11, 571*72. There ha a lately been a tendency on the part of the mandatory powers toward retrenchment in expenditures on mandated territories. ihe ides appears to be gaining ground that the mandates are burdens to the mother state. It io entirely possible that this attitude may subject the mandate system to its severest tests See Chapter V, section 4. In a study entitled vs, Mandate Administration/- the Foreign Policy Association offered a canparison auditions existing under German administration and subsequently imder French, British and Belgian naministration in the present R B n territories* ’Jie contrasts were not entirely favorable to the mandate system. However, the statistics for GeWW were compiled during 1914 at the of the Oor»n regime and those for the mandatory powers were taken from the 1924 deports after the Permnent andatos Comiasion had been in op ration less than three years and befor? h > principles of the mandate system could be definitely put into effect, the vast Im* provmenta in admlniatreiicn since would Xn.’io n tG -that the mandated territories now enjoy a typo of ad 1 ministration equal to or even superior to that of tiie Gemma, particularly in respect to the mnnor tn which tlx© social internets of tho natives ar© prcMaoted; dee Foreign Policy Association Inf emotion Service, Vol. 11, No* 2, March 1926* 46. See foreword of Sir F. Luga rd to Freda White, Mandates, 7. 47* On personally investigating the situation in the French cameroone, Buell found that the Annual Reports failed to give complete info nation concerning the high death rate in the territory) op. pit., 3£4~25. He also learned that certain criticisms of the Councils of Notables against the Administration of Togo were entirely omitted from the Annual Report, Ibid., p72-75> 410 fx, 48. minutes, Ist Scss., 27• Ibid*. 3rd Sees., 11 z h16. 50* minute z, seas*, J 5. 51. For the nmorandun suhilttoa by thia group, 30 164. 52. Wn., 1&M31. iinutooj 7th 124-28. Sth doca.* 31. 35. Joe ideru* 136-67- 56. Ihe natter was discus cd but no new principles were Involved. Iges.* 156-68. 37- Idem. * 200*01. 38. Ibid.* 9th Secs., 227-50. 59* Idea.* 189*92. ? 60. 9th dess., 192. 61.~~ inutes. ~?t!i doos., 52—56, IJO, 216. 62. Ibid., Sth 3osa., 118-19. dess., 4S-47* 64. Ibid., Jess., 2pl-57# 128, 216. For now questionnaire aoo Annex For account of these transactions, see ”Functions of the Permanent Mandates Commission, rt Foreign Policy Association, Information Service, Vol. 111, No. 4, April 27th, 1?27. official Journal* Jo, 10, 1222-24. ihe views of Jir Austm C amberlaln were ondorood by M. Briand of France, Viscount Ishii of Japan, M. V&ndorvalde of Belgium, Sir Francis Bell of Ww Zealand, Mr. J. B. Jmit of South Africa, and to a 1 as er extent, M. Uhden of Sweden. 66. Ibid., No. 12, 1646-47. df. 1920 Official Jou -al Bo 12, 1647- 68. Ibid.TTW. “ 69. Ibid., 1647-30. 70. Jbld., 1650-52. 71. Ibid., 1652-SJ. 72. Uiautco, 10th Seas., 15-14, for review by embers of the Commission of he Cornelias action. T M. L o Jouvene 1, fonaerly High Comlasioner in Syria, pointed out that tho unroot in th© territory under his Administration had perhaps been accentuated by the belief of the so Icontents that the Mandate® Commission existed as a means of appeal over the authority of the Government; Minutes, 10th desa., 127-29. For arguments against oral hearing of petitioners, sec Leonard Stein, *lhe Mandates Com ission and the Mandatory Powers,* Contemporary devlow, 431-57* Bilte, PP* 7-9* That the mandatory system ha a the support of international public opinion today appears clear# seo Quincy wrlght, "The- Jandatco Bystem and Public Opinion, * 9 Southwestern Political and Social Science Quarterly, pp. 73. Bee R. L. Buell, Backward ’ Peoples under the Mandate System,* 20 Current History, pp. 5Q6~95. Alpheus Henry Snow, “The Mandatory Bystem under the Covenant of the League of Nations, * 8 Proceedings of trie Acadeny of Political science, pp. 426-p7* 16, soema to be no logical stopping place, no halfway house which will ».nke a permanent home on the road to independence. Those who have once got well started on that road grow increasingly impatient and resent evexy effort to delay theta on their way to the final goal* No expedient has yet been devised which can, in a wholly satisfactory manner, control the impulses of nationalism. It is vsxy doubtful that the mandate system would solve this problem. Joe R. L. Buell, Intenttioml . ola .lona, 4/0-71J Carlton J. H. day< s, ooays on Natiamllam, passim. ANNEX I "C* LW3DATS Hendot® lor tlia Gcrmn Posseaeicne in the Pacific Ocean -ituntod 1 south. of tiie Equator, other than German 'nnoa and Unura. tie Council of the Lmguo of Ha lionss Aharons, by Article 119 of the 'Treaty with Grmmy alined at Vcroaillea on Juno 28th, 1919, Germany renounced In favor of the principal Allied and Associated Powers all her riiote over her orersea possessions, including therein Clormn Hew Guinea and the groups of islands in the pacific Qcosn lying south of the Eqwtor other than Cermn jamoa and Houruj and Pereas t tlie principal Allied and Associated Powers agreed that in acoordaneo with Article 22, Pori 1 (oovcmnt of the league of nations) of th© said Treaty a a ,ould be conferred Ilia Britannic Wjostp to be exercised on hie behalf by th© Govomoont of the Ocmcmiealth of Arnimite to administer Now Guinea end th© said io lands, and have pro* posed that the mandate miould be foroftilated in the following termci and ills Brltnunio l&jeaty, for and on behalf th© Cmionwealth of Australia* has agreed to accept the mndete in of said territory and has undertalcen to exercise It on beiiulf ©f the beegne of Mot leno in aecordaneo wife th© following prariciami and by the nfor ei mtloned Article 22, paragraph Q s it is provided that the degree of aat’iorlty, control or odoinioiratim to be exercised by ths Itmdatory not having been previously agreed upon the Ifeshere of the alia 11 be explicitly defined by the Council of tlio beagu© of nationsf ccnflralng the said Badoto, defines Ite terne as follows* Article I. Gw territory over which a mandate la conforrod upon ills Drltannic Majesty for and on behalf of the jovexwent o the (Bion of wth Africa (hero Imftor called the mandatory) th© territory which fmwrly constituted the German Protectorate ©f south* Heat Africa. Article 2* The mandatory shall have full poser of administration and legislation over the territory subject to the present mandate as an integral portion of th© Union of South Africa, and my apply the la:© of th© Uhion of South Africa to the territory, subject to ouch local modiflentlono as circus ©tanoe© may require. Hie mandatory shall promote to tlio utmost the material and moral ©ell-being and the social progress of th© inhabitants of-the territory subject A-oc th© present mandate* Article 5* The mandatory shall nee that the slave trade is prohibited, and that no forced labour is permitted, except for essential public norkd and services, and then only for adequate remuneration* 'ilie mandatory shall also seo that the traffic in arms and amumition is controlled In accordance with principles analogous to those laid down In the convontlqa relating to th© control of ana© traffic, signed on th© 10th Sopteohor, 12U, or in any emventlon amending the sam* Iha supply of Intoxicating splrlta and beverages to the natives shall be prohibited. Article 4. The military training of th© natives, otherHlso Wn for purposes of internal police and th© local defence of th© territory, shall bo prohibited* Furthermore, no military or naval bases shall be established or fortification© erected in tn© territory. Article Subject to 1116 prov islonascf any local Inn for the maintenance of public order and public morels, the mandatory shall ensure In th© territory freedom of conocionc© and the free exorcise of all forms of worship, and small allot? all wisaionsrioo, nationals of any itate member of th© League of Haticns, to enter into, travel and reside in the territory for the purpose of prosecuting their call Mg. Article 6* Th© mandatory shall make to th® Corneil of tin* League of Hattons an annual report to the rm tinfaction of the Council, containing full information with regard to th© territory. and fed icy? ting Vse moouroa token to carry out fee obligations assmed under articles P # 5, 4 and 5. Article /♦ We of the Cornell of the League of Wilms 1© tapttal for &&& twdlftatta* of the taw of th® present mandate* Wo mandatory agrees that* if any dispute Watcwr should ar 100 tataM* tai mandatory and another tata* of tai taw* of mt Ima relating to tai interpretation or tai applies tian of tai |StaM*MI of the mndate* tab dispute, if It cannot be aettlod by negotiation* Wall be admitted to We NMM* Court of Wtermtlcml Juotic© pwldod for by article 14 of We Covenant of tw beagu® of Hationo. We pre cent declaration Wall be deposited in We taMM of the ta**o of nations* Certified copies Wall be forwarded by We of the langue of to all Powers aignstorioa of tai Treaty of peso® with *t*Mta jado at Onwe We 17W day of December* Hailonai 1. ANNEX II TXFICAL *3* MAIDAS 1 British M ndate for lest Africa. The Council of the League of Ballons; Whereas by Article 119 of the treaty of Peace with Germany signed at Versailles on June 28th, 1919* Germany renounced in favour of the Principal Allied and Associated Powers all her rights over her oversea possessions, including therein German Meet Africa; and Whereas, in accordance with tm tre ty of June 11th, 1891, between Her Britannic Majesty and His Majesty the King of Portugal , the Bi ver Rovuma is recognised as forming the northern boundary of the Portuguese possessions in Bast Africa from its mouth up to the confluence of ths River M’SlnJe; and Whereas the Principal Allied and Associated Powers agreed that, in ac* cordance with Article 22, Part X (Covenant of the League of Mations), of the s id treaty, a mandate should be conferred upon His Hrit nnic Majesty to ad* minister part of the former colony of German Mast Africa, and have proposed that the mandate should be formulate I in the following terms; and Whereas His Britannic Majesty has agreed to accept ths mandate in respect of the said territory, and has undertaken to exercise it on behalf of the League of Bations in accordance with toe following provisions; and Whereas by the afore*mentinned Article 22, paragraph 8, it is pro* vided that the degree of authority, control or administr tlon to be ex* erclsed by the Mandatory, not having been previously agreed upon by the Members of the League, shall be explicitly defined by the Council of the League of Hations; Confirming the said mandate, defines its term as follows: Ar Hale 1. Lne territory over which a mandate is eon erred upon Hie Brit nnic Majesty (hereinafter called the Mandatory) comprises that part of the territory of the former colony of Germa Bast Africa situated to the east of the following lines Brom the point the frontier between the Uganda Protectorate and German Mast Afric cuts the River Mavumba, & straight lino in a south-easterly direction to point about 15 kilometres eouth-south-wst of Mount Gabiro; iapnee a straight line in a southerly direction tp the north shore of Lake llohasl, where it terminates at the confluence of a river situated about <r kilometres west of the confluence of th© Hl ver Ms Hala $ Xf the trace of the rail my on the west of the Hirer Kagera between Bugufi and Uganda approaches within 16 kilo* metres of Vie line defined above* Vi® boundary will be carried to the west, following a minimum distance of 16 kilometres from tho trace, without* however* passing to the west of the straight line Joining the terminal point on Lake Mohasi and the top of Mount Ki vise, point -100* situated on the Uganda-German Bast Africa frontier about $ kilometres southwest of the point where the Mver Mavumba cuts this frontier; Thence a line south-easWrds to moot the southern shore of Lake Hohasi; Thence the watershed between the Taru-m and the Hkarange and continuing southwards to the north-easter a end of I»aice Mogooeras Thence the median line of this lake and continuing southwards across Lake Soak* to meet the dagera; Thence the course of the Kagera to meet the western boundry of Bugufi; Thence this boundary to its Junction with the eastern boundary of Unmdi; Thence the eastern and southern boundary of Urundi to Lake Tang nyl a. The line described above is shown on ths attached It I*ooo*ooo map* G.S.G.S. 2932, sheet Itenda and Uruadi. The ouadaries of Burufi and Urundi are drawn as shown in the Xkmteoher Kolonialatlas (Dietric-Helissr)* scaleh 1*300,000* dated 1906. Article Boundary Commie loners shall be appointed by die Britannic Majesty and His Majesty the King of the Belgians to trace on the spot the line described in Article 1 above. In case any dispute should arise in connection with those co?inis loners* the question ah 11 be referred to the Council of the League of Satinas* whose decision shall be final. The final report by the Boundary Contis 3 ion shall give the precise descri tion of tills boundary as r»ctually demarcated on the grounds the access ry maps ehull be annexed thereto and signed by the coomie loners. Tho report, with its annexe* shall be made in triplicate; one copy shall be dopoeltod in the archives of the beegue of fetions, one shall be kept by the Government of His Majesty the of the JJel&Uns and one by the Government of His Britannic ><ajesty. Article 3* The shall be responsible for the peace, order and good govemaent of the territory , and shall undertax to prorate to the utmost the material and moral oell-being and the social progress of it® inhabitants* Ih© Mandatory shall have f&ll powers of legislation anti administratim* Article U. Sha dWdatory shall not establish any military or naval baooc* nor erect any fortifications, nor organise any native military force in th® territory excot for looal polio© purposes and for defence of the territory. Article % , . The feudatory; (1) efell provide for the cv utu 1 em^nciprtloa of all slaws an for as speedy an elimination of domestic and other slavery as social conditions will allow; (2) shall oppress all fores cf slave trade; (3) shall prohibit all form of forced or compulsory labour, except for essential public worm and services, and Wen only in return for adequate remuneration; (U) shall protect the from abuse rad measures of fraud and force by tu careful supervision of Baßw cm tracts and recruiting of labour; shdi exercise a strict control over the traffic in arms and ammunition and the sal® of spirituous liquors. Article 6. In framing of law MMilf to 08. holding or tram* for of land, the feudatory shall t'tke into consideration mtlw laws and custom* Ml shall respect the rights Ml safeguard the Interests of ths native population* Bo native land w be transferred, except between natives* without the previous consent of tlx© public authorities, and no real rights over native land in fewer of non-mtives be created except with trie same consent* Ths Mandatory will pWMlgMoTstriot regulations against usury. The shall secure to all nationale of StOtMl Article 7 (cent.) Mongers of. to League of I tions the s me rights as are enjoyed in to territory by Ms om nationals in respect of entry into and residence in the territory, to protection afforded to their person and property, to acquisition of property, movable and immovable, and to exercise of tolr profession or trade, subject only to to requirements of public order, and on condition of compliance with to local law. further, the Mandatory shall ensure to all nationals of States foyers of to League of Motions, on to some footing as to hie own nationals, freedom of transit and navigation, and complete economic, commercial and Industrial equality; provided tot to Handtory shrill be free to organise essential public works and services on such terms end conditions as he thinks just. Concessions for to of to m tural resources of to ter Itory shall be gm ted by to without distinction on grounds of nationality between to nationals of all States Members of to League of fetions, but on such conditions as will maintain intact to authority of to local Government. Concessions having to character of a general monopoly ah 11 not be grated. This provision does not effect to right of the Hand tory to create monopolies of a purely fiscal character in to interest of to territory under mandate, nud in order to provide to territory with fiscal resources ?®hich see® best suited to to local requirements; or. In certain cases, to carry out to development of natural resources either directly by to State or by a controlled agency, provided that there shall result therefrom no monopoly of to natural resources for to benefit of to Mandrtory or" Me nationals, directly or indirectly, nor any preferential advantage which shall be inconsistent with to economic, conmrcial and industrial equality hereinbefore guaranteod. The rights conferred by this article extend equally to coamnies md as eolations organised in accordance with to law of any of to Members of to League of Battens, subject only to to requirement® of public order and on condition of compliance with the local law. Article S. The Mandatory shall ensure in to toritory cookie to free lorn of comclmce and to free exercise of all form of worship which are consonant with public order and morality; missionaries to are nationals of States of to League of I? Horn shall be £r&s to enter to territory to to travel to reside therein, to acquire and possess property, to erect religious buildings sad to open schools throughout to territory; it being understood, however, tot to M nd tory shall haw to right to exercise such control as my be necessary for to maintenance of public order and good government, gat to toe all measures required for such control. Article 9. The Mandatory ehall apply to the territory any general International conventions already existing. or which my be concluded hereafter, with the approval of the League of Bat ions, respec ting the slave trade, the traffic in anna and amminition. the liquor traffic, and the traffic in drugs, or relating to cosmrcial equality, freodom of transit and navigation, aerial navigation, railways, postal, telegraphic, and wireless commnicatlon. and industrial, literary and artistic property. The Hand? tory shall co-operate la the execution of any common policy adopted by the of Bations for preventin: and combating dis ease, including diseases of plants and animals. Article 10. The Mandatory shall be authorised to constitute the territory into a customs. fiscal and administrative union or federation with the adjacent territories under his own sovereignty or control; provided alw ys th t the measures adopted to that end do not infringe the provisions of this mandate. Article 11. The Mandatary Shall make to the Council of the League of Mations and annual report to the satisfaction of the Council, containing full info rm t ion concerning the measures taken to apply the provisions of thia mandate. A copy of all laws and regulations mde in the course of the year affecting property. commerce* navig tion or the moral and material well-being of ths natives shall be annexed to this report. Article 12. The consent of th Council of the League of Bations Is required for any modification of the terns of tills mandate. Article IJ. The Mandatory agrees that if any dispute whatever should arise between the Mandatory and another member of the League of Nations relating to the Interpret tion or the application of the provisions of the mndate, ouch dispute* if It cannot be settled by negotiation. shall be submitted to th Permanent Court of International Justice provided for by Article 1U of the Covenant of the League of Bat ions* • States labors of the League of ® tion© my likewise bring any claims on behalf of their nationals for infractions of their rights under this mandate before the said Court for decision. 1. League of HaUomu C.W9 (1) A. M. 198z7vi. ANNEX III Treaty ft Alliance Between Greet Britain and Iraq, with proton©!# Signed neopoctively, at Baghdad, October 10th, WB, and April £Oth, w. * ‘rtlolo I. : X • . . ,x ' X ■ i 'x , ■ X mdertakos, object to the provisions oi* this treaty# to provide Wo JWte Iraq with sudl advice and malotcmo ao my be required period of the preomt treaty, without prejudice to her national Hie Dri* tmnlc dhell bo repreamtod in Iraq by a High and General, aseioted by We necessary staff. Article H. r ; , , :a ..a presmi treaty,m official of other than Iraq nationality shall be appointed In Imq MWout the concurrence of Hie Britnmlc A cepa» rate agreement ©hall regulate the nunbero and conditions of of British officials so appointed tn Wo Iraq Gwermmt# Article XII. Ilia the King of Iraq, agrees to irsoe an organic Law for presentation to the Constituent Aoeesbly of Iraq end to give effect to the sold lavs shloh shall contain nothing contrary to the prov of the preamt treaty and moll take account of the wishes end inter* eds of all populations inhabiting Iraq# Chi© Organic Lan shall ennure to all complete freedom of conscience and the free exercise I form of aubjet only . MOMtoNMB* of public M* and morals. It shall provide that no diacrlMnctlon of my kind shall be mde between the inhabitants of Iraq an the ground of race, religion or language, and ©hall secure that the of each community to min Win Ite own schools for the education of its own mabers in Ite om . I ge# nhile confoming to □uch ecuoetloml of a general nature as the Governamt of Iraq aoy ahnll mt be denied or impaired. It shall proacrlbo We cm* etltirUeml rodeduro, mother lc lalatlw or executive, by ;Meh dccleicns . , . „ . j ax . . ■ • . v.. time of fiscal end Miliary polley* Article IV. without to the provision of Articles 1 ': of Uiia treaty, Hie the King of Irei, .;o - -- U xl ■ b advice of His Britannic I? 4 jer'ty, tendered toe High Co-xslssifimr on all important matters of footing Intermtioml end financial obligations end Interests of Hl® Britannia sty for the whole period of Vils Hi® the King of Iran, will fully consult the GocxilsolQnor an whst is conducive to a sound financial aid flseel policy ajd 011 l ensure toe stability end good or onlration of toe Unonco-j of toe Iraq Jovenwnt so long as that lovcmionA is under obligations to the Govemaent of Hl® Britannic .’Jajeoty. Article V. Mio tie of Iraq, shall twve the of rapresentetlon in tendon and In uuoh other capitals end places a® wy be agreed .ipm by tho High parties. Ihere Hie FMjesty* tie King of Iraq# is not represented, he to entrust the protection of Ireq nationals to His oritannic Bajoety* Hl J Ksjeety, the King of lmq,snall hlmclf Is me fxequnWa to representntiveo of foreign : o®oro in Iraq after gio Britamlc zjsjesty has agreed to their Article VI. His Britannic Majesty undertakes to use hia good offices to secure the adhnisoion cflrsq to ssmberstiip of the bra gm of no soon as possible. Article VII. Ilia Britannic Majeaty undertakes to provide such support and assist* enoc to the arraed forces of Bia :wjcsty tf the ling of Ire?# as my Iron tlw to time be a the High contrasting parties. a sep agreement regulating the extent and conditions of ouch support and naaia'aiw shell be concluded between tie Oontrnoting Forties and co'inunioated to the Cotew 11 of the teagoe of WtlMie* Article Bo territory in Iraq shall be coded or leased or in any my plowed v A co. arm . .cm • ode -, G <=a - /d c a,' cmaa "a apo tne King of Ireq, froa diking such as noocsaesy for the accooj»datloa of foreign representative© and for the fulfillment of the prowlelans of the preceding article. Article Mio Bojeety, the King undertakes that he will oceopt rad give ©frcct to mwh reasonable provisions as His 1 5 ri tannic Hnjosty oemider neeossesy in judicial miter® to safeguard the I " Hi of * rorclgnors in of the nm~upplication 0.. the towilties end privileges enjoyed by tiica under capitulation or usage. Artielo X* tai talh Contracting' partiow to conclude eeparate agreements ta ORRBI Uta ta tap t fetal tai egresMata ta tafeta tlis Britomio LIP jesty is twder obligation to see carried out in respect tc Iraq. Hla the Hirg of Iraq, undertokoo to bring in miy legislation aeoeaaory cmuro tae tatawtaft ta tame agreeomta. suta- agreesmta taaU be to tic Council of the Usgue of Btiilom. ArtioU XI. Siere be no im in Iraq against natlaialo of State Hsiaber of league of Bottom or of any to ills Dritamle tatata ta« tanta ta tamta - tai ta# tatata tatad ta iMMta ta M would enjoy If It were a liefer of tuo mid gongus (including oocapental irworperntod under laws of such otato), as compared with Drltioh nationals or those of state in mitere mnecmlng tamtl. , i aerce or Mtaetata tai R Ita of industries or profeoalonet or in the treat©ant of mmmt vessels ur civil aircraft. Hot shall tiers be any diacrlninn.tion in Iraq against goods orlglmtlrx? in or destined for any of the aaid stotos* Ihor© shall be freedom of transit under equitable cundltlone norms Iraq torritojy. Z. I W SBtata ftall ta tam la Xrag to obstruct or interfere with atalamry mtexprlae or to dlseriMmte agslnat tag m tai /3round oX Ma rollgim® MUta or tattatawb provided that euoh enterprise le not prejudicial to public onlcr mid goad govern Artlele XXIX* Bia mje®ty» tai Stag ta .WHhtatatata to #*•**•• In an far as eoclal> religious eta *ta# conditions my permit, In the e won tian of taf vf ‘ uz.., .. □ . z . ~2 o ''L' Az..! a .. A . i /. ..,; disease, Including disoasta of plants and animals. Article XXV. filo Bajestyi the King ox Iraq* mdcrtalwo to aoourc the enntaaotaf within twelve uonta ta tai ocriing into I 1 ta this treaty,. and to ensure the execution of a baw of Antiquit 1 I rules annssed to Article 421 of the w olgnod o "‘ -os on tai 10th of August, I;MU Hila tai mail replace tai former OttaMß la* ta Antiquities, ' : «»* □.r in . . ®-.trT ta rshaeolaglml -■ *ch to the zr A. A . . ’ z . ...r ; ..... nv ; , 7, ■ to Mta Hla Britannia Majesty tai agreed fey treaty that the MB rights should be ensured ns It would enjoy he it uore a hwber of the said League. Article XV# It ogrsßmt shall t Bit rolatlaie betwe. tile iilijh extracting Portias* It shall provide, on the me hand, for Mt trsnafor by Me MMNM&I :iamt to tie of Iraq of auM works of public utility as my bo agreed upon and for the rendering by Me BrlMmle gMest*!* Qowmsmt of suM financial aasistanoe as «y frm tlm to tlm bo ©onaiderod MMMIQF far &B |> on the other tmt* lor the progressive llquldaWm |* IB* Govermont ft of <ll liabilities thw incurred* reoomt shall b ..miented to the Council of the of BBthßßb Article XVI# oe far as is cmalstmt with his Interntioml obligations, His |BCt*BMB miofMM to place no obataele &l the my of t. *» ©lotion of lit dtato of Ire* for CMBtONt or other purposes with such bo Arab Stets* as my deal.ro it. Artlelo ym* Ml ace that oy arise the high Cmtraeth< Pirtles •a to Be intcrpretstlm * BtlslMß of this treaty *MII be referred to the Pomanent cowl of Intoswtiom: Matloe pswlded for by ’.rtlole 14 o£ t wm£ of Hb MRPMI *C notions# IB *Mh Bsb*s Mould be mnmi tic Is test* of this treaty, the aogllM ouoll bo tohen a® th-. Ms voralc Article XVIII* IM* tM|P shall into force as sum as it has bom ratified by Übe m£sx contracting parties its ooceptmoe by the MqMMmM tsembly® - BM in fore- MP t.« A? y are, st nd of Mich IMm • and If - the opinion Mei t • is no P qulrod, it * - tep» . -ted< 11 be mblmt to - " • ®BP of to 71 of Oils treaty has me into effect, in ISM** of MmM 11 be eaNMMI*IM to the he League of nation®. I vmt the M Meeh* Ing Parties fm reviewing Mi* MhP to Mas ’tie provision® of this treaty, and the no of the arising out of l>Ml s •Bi XV, with n view to my revision MB my •«■ desirable in the cirsumtmoes - aMlfigßtl upon by Ihe . i shall be oocomioatod to the cotmoil of the Lo«r ; ;uo Hs ..ions- me ratifications be exchanged at Me present treaty ha* boon dram up in i Mito One • copy la each language will ram in deposited in the archives of th© J geeM* amt e copy in eech taMNW I f » Garammi bi *•!*• t ,; V , ;• In wlU@es of $U respective Plenl Ut hav od toe present treaty and haw affixed twwt© toolr bone st U®c in Wte tenth day ene SMWMi nine hundred and o . * *.v I/i / 5 v. • < X , Ith N '• ‘■ ■ 7 '‘ '« •' af BiMMVb 2e thmwand tore© iMMUitt Urty Hijrah. p* S« am hi® RHW** QMMdMtow I* Wms» mbmmmbi W qlb-el lUMsf tf Frtot MtaUtW et W >rr Qworm<: . ' ANNEX IV 1 Mandate for Palestine. Th© Council of tho Lergu© of Nations: Whereas the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the of Nations, to entrust to a Mandatory selected by the s id Powers the administration of the territory of Palestine, which formerly belonged to the Turkish topiro, within such boundaries as may be fixed by them; and whereas the Principal Allied Powers have also agreed that the Mandatory shoul be responsible, for patting into effect the declaration originally aada on November 2od, 19X7, by the Government of Ils Brit-umic Majesty, and adopted by the said Powers in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should bo done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or tuo rights and political st tus enjoyed by Jews in any other country; and hereas recognition has there y been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and whereas the Principal Allied Powers have selected dis Britannic Majesty as the M'nd tory for Palostine; and Whereas the mandate in respect o Palestine has been formulated in the following terms and submitted to the Council of the League for approval; and dhsrens His Britannic Majesty has accepted the mandate in respect of Palestine and undertaken to exorcise it on behalf of th® Lea ue of J tions in conformity with the following provisions; and Whereas by the afore-mentioned Article 22 (paragraph S), it is pr.- vided that the degree of authority, control or administration to be exercised by the Mandatory, not having been previously agreed upon by the Members of tho League, shall be explicitly defined by the Council of the League of Notions; Confirming the said mandate, defines its terms as follows: Article 1. The H ndatory smll have full powers of legislation an of ad* ministration, s re as they may be limited by the terms of this mandate. article 2. Th© feudatory shall be responsible for placing the country under such political, administrative and economic conditions ns will secure trie establishment of the Jewish national home, as laid in th® preamble, and the development of self-governing institutions, end also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion. Article 3. The Mandatory shall, so f r as circumstances permit, encourage local autonoKQr. Article 4. An ap ropriato Jewish agency shall be recognised as a public body for the purpose of advising and co-operating 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 Achninietration, to assist and take part in the development of t o country. Tne Zionist organisation, so long as its organisation and constitution are in the opinion of too Mandatory appropriate, shall be recognised as such agency. It shall take steps in consultation with Mis Britannic Majesty’s Government to secure th® co-operation of -11 Jews who are willing to assist in the establishment o the Jewish national home. Article > The Mandatory shall bo responsible for seeing that no Palestine territory shall be ceded or leased to, or in any way placed under the control of, the Government of any foreign Power. Article 6. The Administration of Palestine, while ensuring that the ri nts and position of oth r sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement of Jews on the land, including State lands and waste lands not required for public purposes. Article 7» The Administration of Palestine shall be res-jousiblo for enacting a nationality law. There shall be included in t is law provisions f railed to as to facilitate the acquisition of Palestinian citizenship by Jews who take up their permanent residence in Palestine. Article 8* The privileges and immunities of foreigners, including the benefits of consular Jurisdiction and protection as formerly enjoyed by Capitula- tion or usage in too Ottomn Aspire, shall not be applicable in Palestine* Unless toe Powers shoes nationals enjoyed the afore-mentioned pri- vileges and inrunities on August Ist, shall have provio nly ronouaced toe right to their re-est bliohneat, or shall have agreed to their non-ap >1 tootion for ? specified period* time privileges and imr sanities shall* at toe expir-tion of toe mandate* bo Immediately re-eotoblished in toair entirety or with such modifications as my have been agreed upon bet eon toe lb ■ ere concomed* Article 9* The . and tory shall be responsible for seeing that tie judicial system established in Palestine shall assure to foreigners* as well as to natives* a complete guarantee of their rights* for the personal status of th® various peoples and emsmunities and for tneir religious interests shall be fully guaranteed. In particular* the control and administration of Wakfs ©fell be exercised in accordance with religious law and th® dispositions of tiie founders* Article 10* Fending the mtog of special extradition agreements relating to Bales tine* the extradition tre tie?: in fo.ee between th® Mandatory and other foreign Powers shall apply to Palestine, Article 11* ' The Administration of Palestine shall toko all necessary measures to safeguard tha Interests of the comsmity In connection with tho development of' the country, and* subject to any Interactional obligations accepted by the Mandatory* shall have full power to provide for public ownership ox control of any national resources of th® coientry or of the public services and utilities established or to be established therein* It shall introduce a land syste© appropriate to th® needs of the country* having regaxd* among other things, to th® desirability of promot log the dose settlement and intensive cultivation o the land* The Administ" tion toF arrange with toe Jewish agency mentioned in Article U to construct or operate, WHt -air and equitable terms* sny public works, services and utilities, Ml to develop any of toe natural resources of the country, in so f r as these matters or© not directly undertoam by the Administration. Any such arrangements Shall provide that no profits distributed by mh agency* directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profit® shall be utilised by it for th® benefit of the country in a rammer approved by the Administration* Article IS* Sho IMndatory OMUL be entrusted with the control of ths foreign relations of Falas Une and the right to tom exequaturs to consuls appointed by foreign Powers* He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits* Article IJ. All responsibility in connection with the holy Places and religious buildings or sites in Palestine, including that of preserving existing rights and. of securing free access to the Holy Places, religious buildings and sites and th® free exercise of worship. while ensuring the requirements of public order and decorum, is assumed by the Mandatory. who shall be responsible solely to the League of Mations in all matters connected herewith, provided that nothin/ in this article shall prevent the Mandatory from entering into such arrangements as he my doom resemble with the Administration for the purpose of carrying the provisions of this article into effects and provided also that nothing in this mand te s iall be construed as conferring upon the Ifcnd tory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of uhich are guaranteed. Article IU. A special Commission shall be appointed by the Mandatory to study, define and determine the rights an claims in connection with the doly Places and tio rights nd claims relating to the different religious com* munities in Pale: tine. The method of nomination, the composition and the functions of this Cosinieslon shall be submitted to the Council of the League for its approval, and tue Commission shall not be appelated or enter upon its functions without the approval of the Council. Article 15. The Mandatory shall see that complete freedom of co science and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, are ensured to all. Mo discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. Mo person si®!! be excluded from Palestine on the sole growl of hie religious belief. The right of each community to maintain its own schools for the edne tion of Its own members in its CM* language, mile conforming to such □Juc utionai if i |NMI •• Mg* p impose, shall not be denied or impcirod. Article 16. The V?m&i tory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths in Poles tine as may be required for the maintenance of public order and good government. Subject to such supervision, no sg sures shall bo tafcou In Palestine to obstruct or interfere with the enterprise of such bodies or to discriminate against any repros on t t Ive or timber of them on the < round of his religion or nationality. Article 1?, The Administration of Palestine my organise on a voluntary basis th® forces necessary for th® preserv tion of peace and order, and also for the defence of the country, subject, however, to the supervision of the Mandatory, but shall not us® them for purposes other than those above specified save with the consent of the Mandatory* ®xce>t for such purposes, no military, naval or air forces shall be raised or maintained by the Administration of Palestine. Nothing in this article shall preclude tlio Administration of Palestine from contributing to the cost of the maintenance of the forces of the Mandatory in Pal )3tine* The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine for tiie movement of armed forces nd the Carriage of fuel end supplies. Article IS* The Mandatory shall see that there is no discrimination tn Palestine against the nationals of any State Member of the Le gue of Nations (including companies incorporated under its laws) as compared with those of the Mandatory or of any foreign State in m ttors concerning taxation, commerce or navigation, the exercise of Indus tries of professions, or in the treatment of merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area* Subject as aforesaid and to the other provisions of this mandate, the Administration of Palestine may, on the advice of the Mandatory, impose such taxes and customs duties as it may consider necessary, and taco such steps 33 it my think best to promote the development of the natural resources of the country and to safeguard the intorosts of the population* It my also, on the advice of the Handatory e conclude a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia* Article 19. The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, or which may bo concluded hereafter with the approval of the Xieague of Ifetions, respecting the slave traffic, the traffic in arms and armunitlon, or the traf. ic in drugs, or relating to commercial equality, freedom of transit and navlg tioa, aerial navigation and postal* telegr-phic pnd wireless communic tion or literary, artietie or industrial property* Article 30* The Mandatory shall co-operate on behalf of the Administration of Palestine, so far as religious, social and other conditions say permit. in the execution of any common policy adopted by the League of ll tions for preventing and comb-ting disease. Including diseases of plants and animals. Article H. The Mandatory shall secure the enactment within twelve montlw from this date, and s ®ll ensure the execution of a Law of Antiquities based on the following rules. This law shall ensure equality of treatment in the matter of and archaeological research to the nations of all States Habers of the League of W tions. (1) ’Antiquity* means any construction or any product of human activity earlier than the ye r A. D. 1/00. (2) The law for the protection of antiquities shall proceed by encouragement rather than by t are t. Any person who, having discovered an antiquity without being furnished with the autiiorisation referred to tn paragraph $, reports tiia to an official of the competent Department, shall be regarded according to tne value of the discovery* (3) So antiquity my be disposed of except to the competent Department, unless this Department renounces the acquisition of any such antiquity. Ho antiquity my leave the country without an export licence from the said Department* (4) Any person who maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed. (5) Ho cle ring of ground or dig ing with the object of finding antiquities shall be permitted, under penalty of fine, except to persons authorised by We competent Department* (6) Kqultable terms shall be fixed for expropriation or permanent, of lannis which might be of historical or archaeologl&il interest* (7) a uthorisation to excavate shall only be granted to persons who show sufficient guarantees of archaeological experience. ■ The Administration of Palestine alkali not, in granting those authorisations, net in swab a my as to exclude scholars of nny nation wlt’mt .good grounds. (S) The proceeds of exc- wtione my be divided between tw excavator and the competent Department in a proportion fixed bF Departomt* If division seems Impassible for scientific reasons, the excawitor shall re* ' celw a fair indomity in lieu of a part of t w find. Article 22. Isglish, Arabic and Hebrew shall be tiio official languages &f Faleatlne* Any statement or inscription in Arabic on st mps or money in Palestine shall be repeated in Hebrew* and any statenant or inscription in Hebrew s iall be repeated in . robic. Article 23. The Administration of Palestine shall recognise the holy drays of the respective communities in Palestine as legal days of rest for the menders of such communities. Article 2U. Tlie Mandatory shall make to tho Council of the League of Nations an annual report to the satisfaction of the Council as to the measures during the year to carry out the provisions of the mandate* Copies of all laws and regulations promulgated or issued during tho year shall be cornmunlcated with the report. Article In the territories lying bet wen the Jordan and the eastern boundary of Palestine as ultimately determined, the Mandatory shall bo entitled, with the consent of the Council of the League of N tions, to postpone or withhold application of sxich provisions of this mandate as he may consider inapplicable to the existing local conditions, end to make such provision for the administration of th® territories as he may consider suitable to those conditions, provided that no action shall be taken which is inconsistent ith the provision® of Articles Is, 16 and IS. Article 26. The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another Member of the League of N tions relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by nogotiation, shall bo submitted to the Permanent Court of International Justice provided for by Article 1U of the Covenant of the League of Nations. Article? 27. The cogent of the Council of th® League of n- tions is required for any modification of the term of this mandate* Article ak In the event of t'lo termination of the Ihnd. tory, th > Council of the League of Nations shall make such arrangement® as may be deemed necessary for safeguarding in perpetuity, under guarantee of tho League, the rights secured by Article 13 and IU, and shall use its influence for securing, under the guarantee of the League, tint the Government of Palestine will fully honour th • financial obligations legitimately incurred by ths Adminis tr tion of Palestine during the period of th® mndate, including the rights of public servants to '-onsion • or gratuities. 1. of N tione: C* • ' • Vl* ANNEX V 1 Mandate for Syria and The Lebanon. the Council of the League of Nations: Whereas the Principal Allied Powers have agreed that the territory of Syria and the Lebanon, which formerly belonged to the lurkien Empire shall, within such boundaries as my be fixed by ths said Powers, be entrusted to a Mandatory charged with the duty of rendering administrative advice nd assist nee to the population, in accordance with the provisions of Article 22 (paragraph U) of the Covenant of the League of Bntlms and hereas the Principal Allied Powers have decided that th© mandate for the territory referred to above should be conferred on the Government of the Preach Bepublic, which has accepted it| end therms the terms of thia mandate, defined in the a rticles below, have also been accepted by the Government of the Preach Republic and submitted to the Council of ths League for approval: and mo tt* kmrawi o "ti? imm Im oM*H m t- m ©raise this mandate on behalf of the League of Nations, in conformity with the following provisions? end Whereas by the afore-mentioned Article 22 (para raph 8), it is pro* vided that the degree of authority, control or administration to be exercised by the Band tory, not having been previously agreed upon by the Kembers of the League, shall be owllcitly defined by the Council of the League of Htioas? Conforming the said mandate, defines its terms as follow: Article 1, The Mandatory shall frame, within a period of three years from th coming into force of thio mandate, and orgaalc law for Syria and the Lebanon. this organic law shall be fr?ood in agreement with the native authorities and shall take into account the rights, interests, and wishes of all the population inh biting the sid territory. Who Mandatory shall further enact measures to facilitate the progressive dowlopmmt of Syria and the as Independent States. Bending the coming into of* feet of the organic law* the Government of Syria and trio Lebanon skill be conducted in accordance with the spirit of this mandate. The Mandatory shall* as far as circwnstnnces permit, encourage local autonomy. Article 2. The Mandatory my maintain its troops in the said territory for its defenoe. Xt shill further be espowred* until the entry into force of the organic las and the reestablishment of public security * to organise such loci militia as may bo necessary for the defence of the territory* and to employ this militia for defence and also for the maintenance of order. These local forces My only be recruited from the inhabitants of the s id territory* The said militia shall thereafter be under the local authorities* subject to the authority and the control which ths Mandatory shall retain over these forces. Xt shall not be used for purposes other than those above specified save with th® consent of the Mandatory* Nothing shall preclude ryrla and the Lebanon from contributing to the cost of the mlntanance of the forces of the Mandatory stationed in the territory. The Mandatory shall at all time 3 posses® the right to mico use of the ports* railways and me ns of communication of Syria end the Leb non for the e of its troops and of all materials* sup lios and fuel* Article 3. The Mandatory shall be entrusted with the exclusive control of ths foreign relations of Syria ana the Lebanon the right to issue exequaturs to the consuls appointed by foreign Powers* nationals of Syria and the Lebanon living outside th® Halts of the territory shall be under the diplomatic and consular protection of the Mandatory. Article The Mandatory shall be responsible for seeing that no part of the territory of Syria and the Lebanon is ceded or leased or u any .my placed under control of a foreign Poser* Article The privileges and immities of foreigners, including the benefits of consular Jurisdiction and protection as formerly en» Joyed by Capitulation or usage in the Ottomn ‘wire, shall not be applicable in Syria and the Lebanon. foreign consular tri- bunsls shall, however, continue to perform their duties until the comlag into force of the ne.v legal organis tion provided for in Article 6. Unless the Powers whose nationals enjoyed the afore*mm* tioned privileges and tajunities on August Ist, 191 U, ebel! tiave previously renounced the right to their or shall have agreed to their non*application during a specified period, those privileges and ismmitles shall at the expiration of the mandate be immediately reestablished in their entirety or with such modifications as my have been agreed upon between the Fevers concerned. Article 6. The Mandatory shall establish in Syria and the Lebanon a Judicial system ?Mch shell assure to natives as well as to foreigners a complete guarantee of their rights. Lespect for the p reonal st Vos of the various peoples Mt. for their religious interests be fully guaranteed. La particular, the control and adMnistratlm of shall be eat* orcisod in complete accordance with religious law and the dis* positions of th? founders Article 7* 1-ending the conclusion of special extradition agreements, the extradition treaties at present in force between foreign Powers and the Itod&tory shall apply within th? territory of Syria and the Lebanon* Article 8« The Mandatory snail ensure to all complete freedom of conscience and the free exercise of all forms of worship are consonant with public order and morality. 80 discrindnation of any kind shall bo between the inhabitants of Syria and the Lebanon on the ground of dif ©Fences In Tree, religion or lan* SW®* The Mandatory shall encourage public instruction, which shall be given through the mdiw of the native languages in use in the territory of Syria and the Lebanon. The right of each community to maintain its own school® for the instruction and edxmtior of its own member® in its own language, while conforming to such educational requirement® of a general nature as the administration my impose, shall not be denied or impaired. Article 9. the Mandatory shall refrain from all interference in the administration of the Cornells of (Conseila de fabrlque) or in the management of religious communities and sacred shrines belonging to the v rious religions, the immunity of which has been expressly guaranteed. Article 10. The supervision exercised by the Mandatory over the religious missions in Syria and the Lebanon shall be limited to the mlnteiwice of public order and good government; the activities of these religious missions shall in no way be restricted, nor shall their members be subjected to nay restrictive measures on the ground of nationality provided that their activities are confined to th donain of religion. The religious missions may also concern themselves with education and relief, subject to the general right of regal tion and control by the Mandatory or of the local government, in reg rd to education, public instruction and charitable relief. Article 11. The Mandatory shall seo that there is no discrimination in Syria or the Lebanon against tn. nationals, including societies and associations, of any State Members of the League of Mations as compared with Its own nationals, including societies and associations, or with the nationals of any other foreign State in matters concerning taxation or commerce, the exercise of professions or industries, or navigation, or in the treatment of ships or aircraft. Similarly, there MM be no discrimination In Syria or the Lebanon against goods originating in or destined for any of the said States; there shall be freedCß of transit, under equitable conditions, across the said territory. Subject to the above, the laudatory may impose or cause to be Imposed by the local governments such taxes and customs duties as it may consider MCM*h The Mndatory, or the local |MBM acting under Its advice, may also conclude on grounds of contiguity any special customs with an adjoining country. Ths Mandatory may tto or cause to be taken, subject to the provisions of paragraph 1 of this article, such stops as it may think best to MM the development of the natural resources of ths said territory and to safeguard the interests of the local population* Concessions for the development of these natural resources shill be granted without distinction of nationality bet wen the nationals of all States Members of the League of nations, but on condition that they -io not Infringe upon the authority of the local government. Concessions in the nature of a general mono* noly shall not be granted. This clause shall in no way limit the right of the Mandatory to create monopolies of a purely fiscal character in the interest of the territory of Syria and the Lehuion, and with a view to assuring to the territory fiscal resources would appear best adapted to the local needs, or. in certain on seo, with a to developing the natural resources either directly by the State or through aa organisation under its- control, provided th t this does not involve either dlroctly or indirectly Vie creation of a monopoly of the natural renames in favour of ths Mandatory or its nationals, nor involve any preferential tre tnent which would be incompatible with tha economic, commercial and industrial equality guaranteed above. Article The Wndatory shall adhere, on behalf of Syria and the Lebanon, to any general international agreement already existing, or which may be concluded hereafter with the approval of the League of Betions, in respect of the following: the sieve trade, the traffic in drugs, the traffic in arms and asßonitlon, cial equality, freedom of transit and aerial navigatloa, postrl, telegraphic or wireless and measures for the protection of literature, art or industries* Article 13* The Mandatory shall secure the adhesion of Syria and the Lebanon, so far as social, religious and oth r conditions permit, to such measures of common utility as may be adopted by the League of Battens for preventing an combating disease, including diseases of animals and plants* Article lU* The Mandatory shall draw up and put into force witain twelve months from this date a lew of antiquities in conformity with the following provisions* This law shall ensure equality of tre treat la the matter of excawtione and archaeological research to the nationals of all States Members of the League of H-tioxis* (1) •Antiquity" means any construction or any product of activity earlier than the yoar 1700 A* n* U) The law for the protection of antiquities shall proceed by encouragement rather than by threat* Any arson who, having discovered an antiquity without being furnished with tho authorisation referred to in pawgraph 5, reports the same to an of icial of the Competent Derartmont, shall be rewarded according to the value of the discovery. (3) IB antiquity may be disposed of except to Ito competent S»* partmanV unless thia Department renounces the acquisition of any such antiquity* SO antiquity may leave the country without an export licence fro® the said Department* (U) Any person sho maliciously or negligently destroys or damages an antiquity shall be liable to a penalty to be fixed* (5) No of ground or digging with the object of finding antiquities shall ba permit ted, under pemlty of fine, except to persons authorised by the competent Department* CO Equitable terms shall be fixed for exproprl: tion» temporary oi psrtm#tnt # of lands wMch right be of historical or archaeological interest* (7) Authorisation to shall only be granted to parsons who show suf Helen t or arclteeologic-l Sha femdjitory shall not, in granting these authorisations, act in such a soy as to exclude scholars of any motion without good grounds* (S) Ito ygroaeeds of excavations w be divided between the cavator mid the ccmpotaut Department in a proportion by Wat Bepartwnt. If division seem for scientific reasons, ths MMBtol shall receive a Mt indemnity in lieu of a perl of tho find* Upon ths codas into force of ths organic law referred to in Article 1, an arraagemat shall be ads Mtwm the Mudstory and the loc 1 gowrmwnts for by the latter of all ew ponses incurred by the Mandatory .In organising the administration* dcvelo Ing local MtoMßß* and carrying out BtoMMM* public ■som, Of wiich tho country ret-Ans the bonofit. Suoh arrangement shall bo cosmmicate.l to the Council of the League of Nations* Article 16. French mid Arabic ©Fell be the official languages of fyria and the Lebanon. Article 17. The Mandatory shall to th® Council of the League of Matlone an annual report to the s tisfactlou of the Council as to the me snres taken during the year to carry cut tM provisions of Wie mandate. Copies of all lace and regulations promulgated. _■ during the year shall be attached to the eaK report. Article IS. tai iWfWt of the Council of the !&&&& of nations la re* - suired for any sIMMM of the term of Me mandate. Article 19. On the termination of the mandate. the Council of W® League of lotions shall me its Mmi to MgM for the future the fulfilment by the of Syria and the Lebanon of th- financial obligations. laeluMng pmoloos and assaaad by We otaMMMMta of Syria or of the Lebanon during th period of We mandate. Article 4 ® tai taadatory agmm that if my MpM Mtewr should arise between M Mandatory and mHMT tater of M of S tlcms M to Ml intarprotation or We an the pro vie lorn of the mandate, such dispute. if it oamot ba settled by shall be submitted to the Pemnnent Court of latomational Justice provided for by Article lb of We Covenant of the League of tntions. 1. Length of mtions: MIJ. 1922. VI ANNEX VI Constitution of the Ferment Llandnton Conmlasicn# , (Approved by Hie Council on The Coumll Of the Tjepguc of ITatton, in accordance with paragraphs 7 and 9 of Article 22 of Hie Covenant, nraolyi In every coo© of mndeto, the mandatory shall render to Hie Council an armal report in reference to the territory coaAiitted to its elxirge* A permnont capias lon aha 11 bo constituted to receive and ©xatilne the annual reports of the and to advise the Cornell on nil ria tiers relating to tie observnnoe of tli© mndatea. has decided as followst (a) The permanent mndnten Conteim provided for in Paragraph 9 of Article 22 of Hie Covenant, shell comist of nine liters. The mjorlty of tlie Co mission dm 11 be nationals of non-mandntory powers. All the umbers of the Oomlsslon shall be appointed by the Connell and selected for their personal mrlts and o crape tense. They shall not hold any office which puts Him in a position of direct dependence an their ovomenta while members of the Comisoion. Hi© Internal Labor Organisation shall have Hie privilege of appointing to Hie Permanent (males 100 an expert chosen by itself# -This expert shell have th© right of attend Ing in an advisory capacity all matings of the Ferment Comlaslm at which quretieme relating to labour arc discussed. (b) Ihe iwidatory yiMO* should send their annual report provided for in Paragraph 7 of Article 22 of Hie Covenant, to Hie Oomioalon through duly cutiarinod representatives who would be prepared to offer any ouppleaentary explanations or lnfon®tlm which the COLxilanlcn rny request# (e) Th® Co-nianion shall oxazine each Individual report In the presence of the duly authorised roprcaotitot.lv© of th® mndntory power frou which it comes# roprcaentatlvo shell participate with absolute free* dm In the ilaotmlon of this report# (d) After Hila discussion has ended, the CocMaalm shall ecocide on Hie wording of the observations nhleh arc to be mtaltted to the Council of Hie (e) Ihe observations ande by the upon each report shall be oommaioatod to the duly authorised representative of Lio mndatory power from which the report coms# Hiis representative shell be entitled to sc* lt with any corxientG which he desires to mke. (f) Its Coromissim a jail forward the reports of mandatory powere to the Gotmll* It diall amox to each report its own ob-creations as well no the oboe rent ions of the duly authorised representative of the power which Issued the report, if the representative no desires* (g) when theCouncll publishes H* reports of tie NUM and the observations of the permanent coriisolon, it shall also publish the observations of the duly author inch representatives of those mndstory powers which have expressed such n desire# (h) Hie Cauaiaoion, acting in ecnoert with all the duly authorised representatives of the powers, shall hold a Plenary Meeting to consider all tie reports as n whole end any general conclusions to be dram from them* Iho Comioolcn my also utilise ouch a meeting of the representatives of tho mndatory powers to lay before them ary other mtters connected with mandates niiieh la tiolr opinion sliould be mdxnittcd by the Council to the powers and to €ic other states, neabers of the talgNhi Sils Plenary Meeting shall tab® plam either before or after the presontatlm of the mmisl rep rts, on tho Comlmion my think fit. (i) The Goaalasiamahall regulate its own procedure subject to the approval of the Comei!• (j) Hie Comlasion shall sit at Geneva. It my sumon tcdmicnl exporta to net in an adwlmiy capac for nil questions relating to the application of the aynton o£ mndotes# (k) Clio members of the shall receive an ollouaneo of one hundred gold franco per day during metlngo. xhelr travelling expenses shall tie bom© by the Leagao of Hntima. ’I. ':u© 'S'Sat!msr?? P* 1 ANNEX VII Questionnaires for tt A M , H B H » and H C M Territories. A 1 Questionnaire for Palestine I. - JEWISH NATIONAL HO® (Article 2 of the Mandte). 1. What measures have been taken to place the country under such political, administrative and economic conditions as will secure the establishment of the national home for the Jewish people? What are the effects of these measures? 2. What measures have been taken to place the country under such political, administrative and economic conditions as will secure the development of self-governing institutions? What are the effects of these measures? 3. What measures have been taken to place the country under such political administrative and economic conditions as will safeguard the civil and religious rights of all the inhabitants of Palestine, irrespective of race an religion? What are the effects of these measures? 11. - AUTONOMOUS ADMINISTRATION (Article J). What measures have been taken to encourage local autonomy? What are the effects of these measures? 111. - JEWISH AGENCY (Article 4). 1* When and in what manner has the Jewish agency been officially recognised? 2* Has this agency given any advice to the Administration in the past year? If so, in what form and in what connection? 3» What is the nature and extent of the co-operation of this agency with the Administration of Palestine in economic,social and oth r matters? U, In what manner has this agency taken part in the development of the country (statistics of the results obtained)? 5< Ihat steps have been taken in consult tion with His Britannic Majesty’s to secure the co*oper tion of all Jaw uiio are sill* lug to assist in the establishmeni of the Jewish national home? iv. • m«iGnmai abd bogiutiow (article 6). 1. What measures have bean taken to facilitate Jewish immigration? 2. Wit measures have been taken to safeguard the rights and position of other sections of population? 3. What measures have bean taken in co*o□ oration with the Jewish agency to encour go the close settlement by Jew on ths land(giw figures)? h. What are the of Leets of those measures? Statistics of immigr tion (country of origin, religion, race, profes ion, and sox). Geographical distribution within the country in the urban centres and in the rural districts. Some statistics for emigration. V. - USD 11GXMB (Article 6). 1. W» have State lands been defined anu delimited? 2. liow hrve waste lands been defined and delimited? 3. What measures have boon taken for the registration of rail property? VI. * WIOMUTT (Article 7). 1. Whut is the text of ths nationality law? 2, Save special provisions been enacted, framed so as to facilitate the requisition of Palestinian citizenship by Jews? vii. • miew svsw (articles 8, j wad 10). 1. When did the new judicial org nlsation begin to ©aerate? What sgmtid features does it include with a view to assuring to foreigners as well as to mUww a complete gu mites of their rights as laid down in Article 9? 3. Wt special measures lw been to as ore respect for tae personal status of tn® v rious peoples an communities aa-i for their religious interests? U. .low have the control and administration of Wakfs been assured? 3» What extradition agreements have bean ma a between the Mandatory and other foreign Powers since the coming into force of the mandate? VII. * SCOSmC KOlUff (Articles 11 and 18). 1. Bra trio interests of the comtmnity been in ths execution of iaeasures taken to secure the development of the country in respect of public ownership or control of any of tho natural resources of the*country or of the public works, services and utilities? 2. Bra it been found necess ry to armtige with the Jewish agency to constrict or operate any public works, services aad utilities or to develop any of the nafrur 1 resources of the countrymd if so, under what drew stances? 3. Give a complete list of concessions and toe names end nationalities of the concession hold rs. U. Give the reports submit ted to the meeting® and the bal* ance sheets of these undertakings, or, vim such reports and the balance sheets are not available, give all information relating to the subject, particularly the rate of interest and the uses md@ of profits. % Ihat provisions are esode to secure economic equality as regards 1 (a) Concessioner (b) land tenure? (e) Mining rights (in particular, rules in to prospect* ing)? (d) fiscal regime (direct and indirect taxation)? (e) Custom regulations (imports, exports, transit)? 6. regulations has the mandatory >owr made for the application of the clause providing w fret3dom of trnneit under equity bio conditions**? 7. Heve any customs been by virtue of Article IS? If so, give ths text of such agreement®. IX. • HOLT PLACSS (Articles IJ aad 1U). 1. What measures have been for trie asswtion the Mandatory of responsibility in connection with the Holy Places an a religious buildings or si tee, including the responsibility of preserving existing rights and of securing free access to the Holy Places, religious buildings sad sites, and the free exercise of worship? * & Wah MB ths purely Moslem sacred shrines the Ummities of which are guaranteed? X. * mW Of CWIW (Article 1> and 16). 1. Wt BMMI have MM taken to assure freedom of MM&tMM and religion? 2. ifew any restrictions bean trad® upon th® free exorcise of any form of worship la the interest of the mintenaaee of public order and morals? are the effects of such restrictions? 3. mt measures haw been teen to assure the rights of oommnities to maintain their own schools for the education of their MB members? mt educational MfsMMMts of a general nature are imposed by the Administration? mt measures Mve been taken to as sure the exercise of such supervision over religious or any charitable 'bodies of all faiths or nationalities in Palestine as my be required for the mlntmance of public order and good government? He * MOUST CLOW (Article 17) 1. What is the for® of military organisation training? I, Are there MF police forces independent of the military charged with the defence of the territory? mt is the respective of these two forces and woat spent on each? ♦ This question to been drafted in general terms and will be defined in detail w en to Council to tom the decision provided for in Article 1U of the Mandate. Racial and religious of these two forces. J. fee there beta any occasion for the Administration of Palestine to contribute to the cost of the maintammce of the military forces of the mandatory Pother? If so, to wiwt extent? U. Has the itadatory exercised right to use the roads, railway® and ports of Palestine for the mowrent of arrnd forme* the carriage of fuel and supplies? If so, to budget has the expenditure been charged? XII« ♦ (Articles IS W). 1» To shat intern' tlonal conventions has the hsadatery adhered on behalf of the Palestine Actelnistr tion? 49mt steps have been taxea by ths hmdatory to co-operate with the tegw of MM* la the struggle MNMMb invading dleaeee* of plants and animals? UIU * WIQUI . Jr tide ah Sas Mandatory emoted a law of antiquities to Hie provisions laid daw in Article a of tde mndatet Give the text. m# * oriciM, ***** (Article We !♦ few the three offielal languages bean used simultaneously and on an equal footing in legislative and adminlntrtiw doammts and in the courtsT If not« what language* are used? lb to feet ebeerviom does the application of this system give rise? HU • HOLT MTS (Article Wt days are recognised as holy days by the various commities? m« * MMMi (Article Sas the territory lying beyond ths Jordan been finally MMUM and organised? In what w does the politic 1 and adMnistr.-tivo regim establishei in this twikry differ fro® the regul tions laid dowa for Palatine? mi< • LABOUR. • !♦ few ***** ** teen to emure, la accordanee with Part XXXI of the treaty of Versailles. the consideration of conventions or recommendations of International Labour Confsrmces? £. Are these conventions or rocwmenfetlom being carried into ef oct? \ What other wguXntione are la force la regard to labour? U, Wt powers has the AMMstmtlon for controlling labour contracts In order to coeur® their loyal fulfilment both on W part of employer and alloyed, and what power* fee* it po«se«s to prevent aay ebuees in this res* .ect? What is the competent authority in reg rd to labour legislation and what authority is responsible for the ap Ilention of such legislation? xny. * max xs asd 9? m« Have mesures been taken to secure the prohibition or‘the control of the importation, of the production , and the consumption of poisonous or narcotic xix. - memos. 1. What is the general system of elementary education (organisation and statistics)? Is this education free for all, and if not, in «h t cases is it free? 2. that measures have been ta for hitter education, for example, medical, veterinary ani technical education? 3. In languages is instruction given in the v rious Qategoriee of schools? XX. * MJC 1. What steps are being tasea to ensure public health and sanitation and to combat endemic and epidemic diseases? 2. What is the regtoe for medic 1 assistance? 3. What is th<3 actual situation as reg rd prostitution and what measures have been tn usa in this matter? XXI. - HBUC MMHU A general schedule of the revenue and expenditure of the territory, the budgetary system, aai indication of the nature and the assessment of taxes. xxxx. * iwxmmc statistics, Statistics of births, marriages (polygamy), deaths, emigration and tonigration. A NN S X VII (Coat’d). B 1 Questionnaire for Syria and Lebanon I. - Mime Wi (Article X of the Mandate)• Bas the Mandatory tower underWm the framing of an orgnic law for Syria and for Lebanon? What part have the native authorities ta in the fr mlng of this lavr. n. * umsmnn autonomy (Article i). What wisures have been to encourage local autonomy? What are the effects of thase measures? XII. - ILimr CLAUSES (Article 2). 1. What is the form of military organisation ani training? 2. Are there any police forces independent of the military charged with the defence of the territory? What is the respective import nee of these forces and the amount spent on each? Baclal and religious composition of these two forces. 3. Has th re been any occasion for the Syrian and Lebanon administration to contribute to the cost of tho maintenance of the military forces of the mandatory Power in Syria? If so, to what extent? U. Eh® the Mandatory exercised it® right to use ths roads, mid ports of Syria and Lebanon for the passage of armed forces and for the carriage of fuel and supplies? If so, to what budget has the expenditure been ciiarged? IV. - JUDICIAL smw (Articles 5, 6 and ?)• 1. When did the new Judicial organisation begin to operate? 2. What special features does it include to as ere to foreigners as well as natives a complete guarantee of their rights as laid down in Article 6? J. What special measures have been taken to assure resect for the personal st. tus of the v rious peoples and for their religious in* tereats? U. Bow has th । control and administration of Wakfs been assured? 5» What extradition agreements have boon made between the Mandatory and other foreign Powers since the coming into force of th t mandate? V. • SKSE9OH or CffllSCiaKm (Articles 8, 9 and 10). 1. What measures have been to assure freedom of conscience and religion? 2. Have any restrictions been made upon ths free exercise of any fom of worship in th© interest of the maintenance of public order and morels? 3. Is the exercise of all forms of worship and religious education free? If not, what provision® have been made restricting this exorcise and thio education? U. What measures have been taken to assure the rights of communities to maintain their own schools for the education of their own members? What educational requirements of a general nature are imposed by the administration? 5. ifes there been any occasion to interfere in the administration of tho Councils of Management (Conwells de fabrique) or In the manageent of religious commonlties and sacred shrines belonging to the various religions? What measures have been taken to guarantee the immunities of these organisations? 6. measures have been taken to assure the exercise of such supervision over religious or chart table bodies of all faiths ae may be required for the luaintesiaace of public order and good government? 7. Ifee there been any occasion to measures constituting any hindrance to or interference with the work of these bodies? Has there been any occasion to impose measures diking any distinctions between tho representatives or the members of these bodies on account of their religion or their mtonality? VI. * SCOrmC QUALITY (Article 11). 1. What provisions ar® trade to secure economic equality as regards: (a) Concessions? (b) Land tenure? (c) lining rights (In particular, prospecting)? (d) fiscal regime (direct and indirect taxation)? (e) Customs regulations (Imports, exports, transit)? 2. Have any special customs arrangements been made by virtue of Art»ll? 3« has economic equality boon safeguarded in the execution of measures taken to secure the development of the country in respect of public ownership or control of natural resources of the country or of the public works, services end utilities, h. Give a cowl®to list of concessions and the naw® and nationalities of the concession-holders. In th case of any concesoion, have there been other offers ■ have been refused? VII. - IWbWATIOm WWTIOHS (Articles 12 and 13). To what international conventions has the Handatory adhered on behalf of the Syrian and Leb non Administration? What steps have been by the Mandatory to co-operate with the League of lotions in the struggle against disease, "including diseases of animals and plants? ¥lll, - Anmuitm (Article 1M- Has the Mandatory enacted a law of antiquities according to the provisions laid down in Art. 21 of ths mandate? Give th text. IX. - Rmmm OF smwss (Article 13). Has tho mandtory Power already steps to come to an arrangement with the local governments in regard to the reimbursement by the latter of expenses incurred by the Handatory? What are the expenses for which reimbursement is expected? X. - OFFICIAL (Article 16). 1. Are the two official languages used on an equal footing in legislative and administrative documents and in the Courts? Xf not, what languages are used? 2, To what observations does thj application of this system give rise? xi. * xawjb. 1. Have measures been taken to ensure. In accordance with Part XIII of the Treaty of Versailles, the taking Into consideration of conventions or recomrnendntions of Internet io ml L hour Conferences? 2. Are these conventions or recommendations being c rrlod into effect? 3. What other regulations are in force in reg rd to labour? 4. What powers has the Administration for controlling labour contracts in order to ensure their loyal fulfilment, both on the part of employers and employed, and what posers does it possess to prevent any abuses in this respect? $♦ What is the competent authority in reg rd to labour legislation, and what authority la responsible for the application of such legisletion? XII. - THWB IS AW 0 Save measures been token to secure the prohibition or the control of the importation, of the product ion and of the consumption of poisonous or narcotic drugs? XIII. - IEDUCA 10$. 1. What is the genoral system of education (organisation and statistics)? Is this education free for all, and, if not, in what cases is it free? 2. What measures have been taken for higher educations for nodical, veterinary and technical education? J. In what languages is the Instruction given in th? various categories of schools? XIV. * PUBLIC HEALTH. 1. What stops are elng taken to ensure public health, sanitation and to comb t endemic and epidemic diseases? 2. Wit is the regime for medic 1 assistance? 3, What is the actual si tuition reg Tding prostitution and rkiut measures have bean in tills matter? xv. - mic rxiuwai. A general schedule of receipts from and expenditure on the territory, budgetary system, indication o* the nature and assessment of taxes. XVI. - mwuc STATISTICS. Statistics of births, marriages deaths, emigration, imsdgmtion. A K B £ X VII (Coat’d). c 1 Questionnaire for *3* and *C** Territories The text of the questionnaire for the *C* mandates follow. The text for the M B h class is identified except where differences axe noted. X. Slavery A. 1. Khat measures are being ta on with a view to insuring the sup res-ions of slave trade? 2. What results haw been obt ined? B. 1. Xs slavery recognised legally? 2. Does domestic or other slavery still exist? Give Statistics. 3* What are the principal causes of slavery? (Garbling, drink, etc.) U. Is the pledging of a person recognised legally? 6. Under ih t conditions can a slave get his freedom? 6. What measures have been tahen, or are being taken to pro* vids for the mancipation of slaves and to put an end to all slavery, domestic or otherwise? 7. Is thsrs any tine limit fixed for the emancipation of slaves? In the affirmative * how long is the period? IX. Labor. A. 1. toe measures been taken to ensure in accord ace with Part XIII of the Treaty of Versailles, the taking into consideration or recommendations of International Labor Conferences? 2. Are those conventions or being carried into effect? J. By what other provisions is free labor protected? B. 1. What are the measures intended to ensure the prohibition of forced labor fc v purposes other than essential public woriss and services and what are the effective results of those me sures? 2. fbr what public works and services is forced native labor required? dow is this regulated? 3. Are tore any other forms of forced labor, such as labor in lieu of taxation, maintenance of highways, etc.? If In the affirmative, how are these regul ted? C. 1. flow is the recruiting of labor required by private enterprise organized and regal ted? Does the Administration participate In this recruiting? 2. Does tlia Administration allow recruiting in th® dated areas of labor for another territory? If so, uder what conditions? 3* Is there any system of indenture (Chinese or other) labor in the territory? If so, what ar® the conditions of indenture and wh®t steps are being tadm to provide for th® neral and material wellbeing of the natives of the territory, vis-a-vis the indentured laborers? (This question is not in the a ß* class questionnaire) U* What compulsory and disciplinary measures are authorized with resect to native labor? 5* What powers has the Administration for controlling labor contracts in order to Insure loyal fulfillment both on Wl part of tho and ployed} and diat powers does it possess to prevent abuses in this respect* Hl* Arms traffic 1* Whet measures are being adopted to control the traffic in arm and munitions? 2* Wt are the statistics relating to inserts of arms and munitions of different categories? IV. Trade and Ihnufacture of McoMl and Drug#. 1. What steps are being taßen to assure the prohibition of abuses of th® liquor traffic? 2* How is the campalga against alcoholism organised? ' J* What are the effects of these measures? (Statistics relative to the Import and to the local manufacture of liquors, etc.). U. WMt are the countries of origin of alcohlic liquor, other than wino and beer imported into the territory? 5* ®tot measure® haw bean tr* on to assure the prohibition or regulation of the importation, production and coaswtion of other dangerous drugs? V. liberty of Conscience. 1* What measures are being taxon to guarantee liberty of conscience and religion? 2. What restriction:.’ haw been laid down for the mintenance of public order and morality? J. I 8 there free exercise of religious worship and instruction? U. If not, what restrictions are there to limit such exercises? 5* that are tbs results of inch restrictions? VI. Causes. 1* Are thore any fortresses or military or navel bases? 2* What are the of native military organization and instruction? 3* Ar® there any police forces independent of the military charged with the defence of the territory? What is the respective irwrt nee of tnese two forces and the amount spent on eneh? In whnt respect is the milit ry organisation of the !Md ted territory diffWWWl tRN lh I SB fMM possession of the mand tary Powr? VII. Economic Equality, 1. hat derogations are there to the principle of economic equality as regards (In the *B* questionnaire this question reads thus: What provisions are made to secure economic equality as reg rdss): (a) Concessions; (b) tod tenure; (c) lining rights (in particular prospecting); (d) fiscal regime (direct and indirect taxation) (e) Customs regulations (imports, exports, transit)? 2, What Immigration laws are tore? (Instead of thia quo tion the *3* questionnaire asks: 2. hat are the exceptions, if in each Category?) VIII. Mimtlon. 1. What steps are being toes for to elementary education of the natives of to territory? Is this education free to all natives, and, if not, in what Cases is it free? 2. What steps are being toon to provide for higher education of to natives, such ns medical, veterinary and technical? J. In what languages is instruction given in to different categories of schools? U. Are mission schools to submit to certain conditions? If so, what? IX. Public Health. 1. mint steps are being torn in the territory to provide for public health, sanitation, and to combat endemic and epidemic diseases? 2, What provisions are made for medical assistance? 3, What is Via actual situation as regards prostitution, and what steps are being takaa in this matter? X. System of Land Tenure. 1. What systems of land tenure and forest to exist? How are they legally recognised? What lands are considered ns belonging to the State, and what are regarded as community owed? 2. What measures are being adopted for the registration of landed property? 3. What are the regulations for the alienation of land in which natives or native communities exercise rights, by virtue of heredity or use? U. What other measures are being taken to pro tact the rights and interests of natives and native communities in respect to land (usury, forced sale, etc.)? Xie Msvalt Social and Material Well-Being. 1. hat are, generally epes-lng, the m sum adopted to insure the moral, social and arterial welfare of the natives? to min tain the Interests, rights an . customs of the natives and their participation in public service, native tribunals, etc.) ae general schedule of receipt* from, and expenditure on, the territory, budget system, indleetlon of the nature end aeeeesaent or taxes. AM H S X VII (ConVd). 0 1 Proposed to list of Questions for *3** and *C* Territories The attached documnt replaces the former queotlonnalrws for B and C mandated territories (documents 0,396 an. 3ST* 19a). It has born up with a view to facilitating the preparation of the annual reports meh, under the terms of Article 22 of the Covenant, mandatory Powers are required to furnish to the Council with regard to the territories for which they are res fusible. The docment indicates, in th 5 form of questions, the principal points upon which the Permanent Mandates Commies left desires th t information should be given in the annual reports, Without asMng th t its questions should be zieoessarily reproduced in the reports, the Comiseion considers It desirable thst the reports should be drawn up la acoordroice with th© general plan of the questionnaire. A. Status of th® Territory. !♦ Xs there any organic law in which the mandatory Power has laid down and defined th® status of the mandated territory? Pleas© forward •ueh changes as have been made in this organic law# 2. To what extent is the territory financially and administratively autonomous? B. Status of the Motive inhabitants of the Territory# 3* Has a special national status been granted to the native inhabitants? If so । wh-t la the legal or carrent term med to describe this special st tm? b. Do natives of Vv> terri Ury enjoy ths same as reg- rds the protection of their persons and properly in the territory of the mandatory Power and in its colonies, protectorates an. dependencies as the native inhabitants of each or any of the latter? If not, what treatment do they receive in this respect? C, International Halations. 5. What international treaties or conventions (general or special) apply to the territory? 6. How fully has effect been given, as a consequence of the stipulations of the Fandate, to the principle of economic equality for ell r embers of the Deague of Nations. D*. General Administration. 7* To tot extent have legislative and executive powers been dele* grted to to cidef Administrative Officer of to territory? g. Does to chief Administrative Officer exercise these posters with to assistance of legisl tivo* executive or advisory councils? If so# tot are to powers of these councils? How are toy constituted and do they include unofficial infers and native members? 9* What are to different Government departments? How are toy organised? 10* Into tot administrative districts is to country divided? lbw arm toy orgnised? 11. How may officials are there? How are toy divided between to central administration* technical services (agriculture* public health* public wrW* etc.) and district administrations? hat Is their origin an their What are the conditions required for appointment? That is to status of to officialsf Are toy entitled to a pee* Sion? Are advantages raserwd to officials with a icnoeladge of to native languages? Do natives toe part in to general adminietration and* If so* to what extent? /tre any posts in to public service open to natives? Have any councils of native notables been ere ted? 13. Are there any native communities organised under native rulers and recognised by to Gcverisaent? What degree of nutonory do tasy possess and tot are t ieir relations with to Admlnietration? Do village councils exist? 1* Public nuance* IU. forwd the budget of IMMBt to expenditure for the current fiscal year, to a similar statement for the last completed ye&r of account* Please attach a comperatlvo table of to total revenue and ex* pendlture, section by section* for each of to past five years. 15* Has to territory a public debt? If so* attach figures for to last five years* 16. :tas the ordinary and extraordinary expenditure been covered by budgetary revenue or in so©© othr way—either by public loans* or by advances or free grants by to mandatory Government? In the latter cases, state to conditions of to financial transactions involved. 17* Please give to annual and total amounts of advances and grantsin-aid by to mandatory Fower to to mandated territory. f. Direct taxes. 18. What direct taxes-such as capitation, or income, or land taxes* are imposed: (a) On natives? (b) On nonnatlves? 19. Are the native direct taxes paid Individually or collectively? Are they applicable to all n tivoa without distinction or only to ablebodied male adults? Is the rate of taxation the same throughout the territory or does it vary in different districts? Can a native jiay In kind or only in money? 23. Is compulsory labour ex-eted in default of the payment of taxes in cash or kind? If so, on what basis Is the equivalent calculated? a. methods are em&lfßt to assess and collect the native taxes? 22. Is any portion of tills tux handed over to the native chiefs or coommitias? Are chiefs salaried by the administration? 23. Are the native chiefs allowed to exact tribute or other levies In cash or in kind or in labour? If so, is this tribute in addition to the Government taxes? G. Indirect Taxes. 24. What is the tariff of in?x>rt and export duties? Are transit and statistical duties charged? 25. Are there any indirect taxes in force other than import, export and transit duties? 26. Boee the territory form part of a Customs union with neighbouring colonies and dependencies of the mandatory Power? If so, how are the Customs receipts and expenses divided? 27. Are the products of Vie mandated territory given preferential treatment when imported into the territory of the mandatory Bower, its colonies or dependencies, or do they pay the same duties as similar products from foreign countries? B. Trade Statistics. 28. ne??se forward comparative st ti tics concerning the general and special trade of the territory, showing both imports and exports for the past five years. (Heasa indicate the -amount of imports and exports of Government material and stores.) I. Ju lie lai Organisation. 29. Flease give a description of the Judicial org.nl sat ion, both civil an criminal* 30. Bow are the courts and tribunals of tlio v rious instr-aces cons 11 tuted? 31. Do they recognise native customary law, an If so, in what cases and under shat conditions? 32. Are natives entitled to officiate In the courts and tribunals: for example, as assessors or members of the Jury? 33. Does the Judicial organisation include tribunals exclusively composed of natives? these tribunals under direct or indirect control of the sand-tory Bower? What powers do they exercise? Can they inflict punishment for which the law makes no provision? How are their sentences carried out? 34. Does the law inflict the penalties of corporal punishment, forced residence and deportation? If so, under what conditions and limitations? 35* t^ 3 penitentiary system obviate the necessity of sending prisoners long distances for confinement? J. Police. j 6. Is there any police force apart from the armed forces proper? If so, what is its strength? ? 37* Are the police concentrated in centres under direct (jSatsa*) authority or distributed in detachmanta in the villages under native subalterns only? K. Defence of the Territory. 3s. Are any military forces maintained for the defines of the territory? If so, how are they recruited, org nised and armed? What is the period of service? What proportion of Kurope ns or Japanese do they include? What is their strength? Is it provided th t discharged soldiers are called up as reservists in case of an emergency? 39* If the territory h--s no armed forces of its own, what are the ar* raagwnenta for its defence? hO. If military expenditure and expenditure on the police are included wader the same item of the budget, please indicate separately the expenditure on each. 1», Am® and Ammunition, hl* "hat measures have been adopted to control the importation of arms and aramition? 42, What number of arms, and quantity of enanaition of the different categories have been imported durtag the year, and what approximately is the number of such arms and the quantity of ammunition in the country? Uj* Is the importation (with or without restrictions) allowed of * trade gum* (flint locks) and Hr de powder 11 for self»<lefenco, or for the protection of crops against wild animals, or for any other harmless purpose? H. Social, Moral and Ifeterial Condition of the Natives. 44, “hat, generally epen tag, are We me sores adopted to promote the moral, social and material welfare of the natives? As an indication, please state approximately the tot 1 revenue do* rived from th© natives by taxation and the total amount of the expenditure on Weir welfare (education, public health, etc.). 4s. Is the native population divided into distinct social castes? If so, does tbs law recognise these distinctions and the privileges wilch my be attached thereto by native tr dition and custom? 46. Does the slave trade or slave-de iling exist in any form? If so, what measures are taken for their suppression and shat has been tl® success of these measures? 47. Does slavery still exist and, if so# in what form? (a) Xn Moslem districts? (b) In other districts? Can a slave be emancipated under native customary law? 48. What measures are being taken to suppress slavery? What have been the results of these measures? 4s. Do any of the following practices exist in the territory: Acquisition of women by purchase disguised as payment of dowry or of presents to parents? Purchase of children under the guise of adoption? Pledging of individuals as security for debt? Slavery for debts? Are these practices penalised by law? 50. What is the status of freed slaves, especially women and children, in the native social organisation? 51. What is the social status of women? In particular, are polygatry and concubinage universal or prevalent? Are they r cognised by law? 52, Can a native about freely throughout the entire territory? Arc there any regulations in regard to such movement? Is vagrancy a penal offence? If so, how is it defined? N. Conditions and hegul tion of Labour. 53, Have measures been taken in accordance with Part XIII of the Treaty of Versailles to ensure the application of conventions or recommendations of the International Labour Conference? Please indicate such local circumstances, if any, as render these provisions inapplicable or ineffective, Does the local supply of labour, in quantity, physical powers of resistance and aptitude for industrial and agricultural work conducted on modern lines appear to indicate that it is adequate, as far as can be foreseen, for the economic development of the territory? Or does the Government consider it possible that sooner or Inter a proper care for the preservation and development of the native races may make it necess ry to restrict for a time the establishment of new enterprises or the extension of existing enterprises and to spread over a longer term of years the execution of such large public works as are not of immediate and urgent necessity? 55. Are there any laws and regulations reg rding labour, particularly concerning: Labour contracts and penalties to which employers and employed are liable in the case of their breach? Bates of wages and methods of payments? Hours of work? Disciplinary powers possessed by employers? Housing and sanitary conditions in the or villages of workers? Inspection of factories, workshops and yards? Medical inspection before and on completion of employment? medical assistance to workers? Compensation in the event of accident, disease or incapacity arising out of, and in the course of, employment? Insurance against sickness, old age or unemployment? 56. Do labourers present themselves freely in sufficient numbers to satisfy the local demand for labour? Or has recruiting to be carried out in native centres more or less distant to make good shortage of labour? 57* Mos the recruit 1 Lour for the service of the Administrations of*otfi r territories or for private If so, under what conditions and safeguards? 58. Are private recruiting organisations or agents of employers permitted to recruit labour si thia the territory for service in the territory itself at a distance fro© the place of recruiting or in another country. If so, under what conditions an 4 safeguards? 59. Flease give a table showing the number of 'sorkers of each sex recruited (a) for Government work, (b) for private enterprise. 60• Indicate the nature of tie wor< for which recruiting has place dicing the year (e.g. mines, porterage, agriculture, construction of raHways, roads etc.). Give, where possible, mortality and morbidity statistics Ms'cng tlio 61. th® existing law provide for labour for essential public and services? Wit autiiority is competent to decide what are public works and services the essential of which Justifies recourse to compulsory labour? »hat payment is made to the workers ? Msy such compulsory labour be commutod for b money pryment? Are all classes of tno population liable to such labour? For period Can this labour bo exacted? ‘Ms Is the recruiting and supervision of compulsory labour organised? 63. Are any workers recruited from outside the tor itory? If so. by sho® and under what conditions? 6U. Are the contracts of such signed before detsarture from their ntivo country? Give a specimen contract. 65. Ie there any special officer charged with the duty of looking after those on rrivl, allomtisgthe® to employers, seeing that the onployor fulfils his obligations through Vie period of contract, and arranging for their repatriation or re-engagement? 66. Are they segregated, in camps, compounds or otherwise? What are the regul tions in this matter? Has their presence in the territory given rise to any trouble with the native inhabitants? 7. Ato these workers encouraged to bring their wives with them, and do they de so? Are they allowed to settle lx the ter itory if they wish ? 68. Give the nationality of imported wor&ors, the noshere of arrivals, repatriations, deaths and the total present at the end of the year (mon and women). 69. Are there any trade unions in the territory? If so. have those unions put forward any protests or demands? 0. Liberty of Conscience and orship. 70. Is freedom of exercise of all forms of worship and religious instruction ensured? 71. Ms it been considered necessary, in the interest of public order and morality, to toooe ostrictions on the free exercise of worship or to enact regulations on tlx® subject? 72, Ar® there any restrictions on missionaries, are nationals of States not of the league of Actions? P. Education. * 7J. State the general policy and >rineiples adopted in regard to the education of the natives. Hoe do the methods in use illustrate th© cation of the diff mot characteristics of those principles? 7H. Please give a brief analysis of tii education budget indicating the amounts allocated respectively to Goveriismt schools, fion-Goveraaent schools. Inspection of educational institutions. 75- of icial authorisation necessary for opening don-Government educational institutions? Xf so, under ehat conditions is such authorisation granted? 76. Ar® non-Government educational Institutions subject to a compulsory official inspection, and if so, hots is it carried out? 77• What conditions are attached to any gr&nts-in-aid made to non- Government shcools? On what basis are grants made? 78. Usa®© give a table showing the number of boys 1 schools of the different grades in the following categories: Government schools: IJon-Govemmeut schools subsidised by the Government; Son-Government schools not subsidised. State the numbers enrolled and the average attendance in each category of schools. 7s. Hease give the same information reg rding; girls l schools, 80. Is any vocational training, or instruction in agriculture, or domestic science given in the territory? 81. Ar® there any normal classes or training institutions for the elation of native teachers? 88. Give the general Indication of the curricula in each class of school mentioned above. Do they Include the teaching of a European or J panes® language, and if so, r«ow far does this teaching go? Does Vie curriculum in Government schools include religious instruction (compulsory or optional)? EX. What l?uiguag® is used as a of instruction? gU. hat are the meters of staff (GoverzKmt and non* govemwnt, certificated and uncertiflcatod)? Ilo» are they distributed msg th® different eategories of schools? 85* Are there any schools for noa-mtiws? . Q. spirits end Drugs. 86. Are the n-tives such addicted to V® us© of alcohol and spirit®? 87. is tixe accepted definition of the terns ‘liquor traffic* and “trade spirits”? • Qmstions 7J to refer only to the education of natives. 88* Hava legal marsores concerning the liquor traffic been enacted to give effect to the fend les and the Convention ox St. Gerr&in of September io th, 1919? 89* Is there any licensing eyetem for the sale of imported liquors? 91* What are the import duties on (a) spirituous liquors, (b) wines, (c) beer and other fexwxited bevaregee? gas any limit of strength of (b) and (c) been adopted? Are the duties higher or 10-ear than those in the neighbouring , 91. What are the quantities of each class imported year for t>*e last five yerirs, and what are Vie principal of origin? 92. What steps are ta .en to revent and the illicit traffic in imported alcohol and spirits? 93* Is the process of distillation knom to tlie nr tives? Have any measures been ta to restrict (a) Vie manufacture, (b) the sale, (c) the cons motion of intoxicants mnufactured by th) ar tiws? 9h# Is any given to cooriu&ltics or associations which» for ralit-ious or other are trying to suppress Vie use of those in-95* -95* Is Vie population of the territory ad ictod to the use of (including hashish and hemp)? If so, measures ere la force to prohibit or ragul te their use? H> Public iealth, 96* What health organisation is in charge of research wook and the prevention, control and treatment of disease? State the work done by this organisation and the results observed. 97* Hoes this orgaais tion train natives as radical and saaiWy assistants, or women as midwives and ne MhMt What is the athod adopted? 98* How many doctors, both official and private, are there in the territory? Baa official and private action as re sris sanitation and preventive and curative wdicine been co-ordinated? 99* What progress has been nado in inducing the natives, especially the chiefs, to adopt sanitary reform in the and villagas? 100* What endemic or epidemic diseases have been responsible for the greatest mortality? Are .there statistics regarding the morbidity and death rate attributable to these diseases? If no general statistics exist, please supply any which have been compiled for certain castros or certain specified areas* 101* Give any other information of importance from tho epidemiological point of view, particularly as reg rds Wa spread of dangerous di <mee, such as eleerin^iclmese e etc*, which are not covered by the preceding question* UH* Does the health organis tlan deal with the supervises of prostitution? What is the position with reg rd to prostitution? S. Land tenure. 10J. Is tho policy directed towards the exploitation of the arable land by tbs establishment of large undertakings under foreign management or by the of the system of native smol 1-hol lings ? IGU. What are the various ©lasses of property which, in view of their native origin or use, constitute the domain of the territory? Under what item of the local budget do the revenues of this domain appear, in the case of the sale of such property, the sum realised? Under what items of the local budget do the costs of exploiting such domain appear? Are the recruiting end employment of the labour required for the exploitation of this domain regulated by We common law? 10$. Does the law provide a definition of the term “vacant lands"? What authority is competent to decide whether land is vacant? Does the law recognise the rights of use and enjoyment that may be exercised by ths natives in the “vacant lands” (the right of gathering produce, cutting of wood, grazing, hunting, fishing, etc.)? 106. lias the mandatory acquired on its own account (and not in its capacity as Mandatory) any property or rights whatsoever in the territory? Xf so, what property or rights? On what basis does the State*® proprietary title rest? Is this property subject to tne same aues and charges as the property of private individuals? Is the State subject to the ordinary regulations regarding the recruitirt" and employment of the labour needed for the exploitation of HMMM How is the revenue of these lands employed? 107. What is the system of land registration in force? Xs it applicable to land, owned or occupied by natives? Is there a land registry department? lOS. What is the native system of land tenure? Is it uniform through the territory? Have the natives any notion of the right of individual property? ' ' Does the law recognise the right of natives tc hold property as individuals? 109* Do the authorities exercise control over land transactions with a View to safeguarding the customary rights of the natives on such land? What is the maximum term of landrieases to non-natives? Does the law reserve lend for the natives or native comma! ties, from which they cannot be dispossessed for the benefit of non-natives? 110. Have the native chiefs the power of dispossessing existing occupiers and of granting the land to third parties? Xf so, have the persons dispossessed the right of appeal to the authorities? 111. What is the (approximate) proportion in the whole territory of: Dative land, State land. Land leased or sold to non-natives (including any property of the mandatory Power referred to in Section 106)? 112* What are the regulations with regard to expropriation for reasons of public utility? Ww is the compensation determined? T, forests. 113. State the min provisions of the forest law (if any). Does it provide for the protection of forests and for afforestation of cleared or waste lands? U. Mines. like I* any l««isl.- tion In MW MW WM* to ■felWt ••* •*• main provisions? If ttere is no special legislation on this subject, does the State claim the omerahip of the subsoil.' 115. Shat tsinaml resowcos (a) are know to exist, w imvo bean iMtea, (c) are actually exploited by to* State or privately? V< Population# IXS. fell i® population & the territory in natives♦ < persons other than mhut Europeans and Mertens* &*• IM figure® twUei oi* a aeasos or are tM/ an 117« if possible, or dmoanlal etnUsUee of the population* , 118« Xs there any emlgr&Uoa fro&, or into* the tarHtory? Xf eo sre the Whst nre the cemtMas of Odette U<m or origin of and. resistively? 1. League of Nations A* 38. 1922, Vl* 1. League o N tions: A. jU 1. £l-£4. of ftiloali A. IU. VI. ANNEX VIII Typical Report of Penmnent Mandates Commission and Action taken by Council and Assembly. & 1 lieport on the Work of the Fourth Session of the Commission. The fourth session of the Peramat Mandates Commission took place at the League of Nations from June 2hth to July Sth. During this session the Cosmiseion held twenty-two sittings, of which one public. All the M&bers of tne Commission took part in the work, except M. XANAOHIIA* who net detained in Japan. The International Labour Organisation ms re* presented by Mr. GRIMSHAW, sho took part in the deliberations in an advisory Capacity in so far as questions relating to labour wore concerned. In the course of its session the Commission has- examined the report* on ths administr' tion of six territories under B and C mandates. It has carried out Its work in the following order, and has been assisted in the task by the accredited nepreseaVtives of the mndntory Powers: 1. For the reports on the French Qameroons and Togoland: By M. A. Councillor of State* Director of Politic 1 Affairs at the French ministry for the Colonies; 2. For the report on South-West Africa; By the Hon. Gys H. Administrator of South-West Africa; J* For the report on ftanda-Urundi: By M. M. HALtWCK, Director-General of Political and Administrative Affairs in the Belgian Ministry for the Colonies; U. For the report on western Samoa: By the Hon. Sir James ALLWk, K.C.B. , High Conwiasionar of New Zealand in London; For the report on Tanganyika: By the ion. W. M.P. Further, although it did not examine any reports regarding the administration of Syria and Palestine, the Commission availed itself of the presence at Geneva of M. Robert do CAXX, the accredited Representative of France, and Mr. OWM-GGK \ the Accredited Representative of Great Brittan, in order to hear the statements which the two representatives in question were good enough to regarding tho situation in those territories. The Cconisßlou wishes to express its gratitude to the Representatives of the mandatory Powers for their co-operation la Its work. It desires in this connection to bring to to notice of the Council, and, through the Intermediary of the Council, to the mandatory Powers, to exceptional assistance which the Hepresentative of to Union of South Africa afforded to the Commission in his quality as Administrator of South- os t Africa. to presence during its discussions of those to are personally responsible for the actual administration of the mandated territories presents, in the Comission *s opinion, eminent advantages. Thanks to the exact information which Mr. dofmeyr ms able to supply as a result of his thorough knowledge of the problems of administration, and his personal experience, the Commission was able to obtain a far more exact Idea of the position la South-Afrior ton ms possible from to examination of previous reports. Moreover, It has had to opportunity of establishing personal contact with the Administrator of Africa* a fact essentially favourable to that effective co-operation between the Qovemnoata of the memd' tory Powers and the Gomcussion which it desires to see constantly develop. It feels that it has been enabled thus to fulfil more satisfactorily to task imposed upon it under to terms of the Covenant Itself. It ventures to express the hope tot it will be able in the future to obt in fro time to time the presence at its discussions of the admlnlstr tors responsible for the execution of all to mandates* realises to difficulties of a geographical nature which stand in to my of & speedy realisation of this hope, levertolass, it desires, while thanking the Government of the Union of South Africa and Its eminent Representative, the Administrator of South- est Africa, for the efforts which they have made to provide the Comrnlsnion with complete Information concerning the carrying out of this mandate, to express to the Council and to the other mandatory Powers the that the example given this ye r may gradually be adopted by the other Governments with which its duties have brought it into contact. In view, first, of the increasing importance of its task and to fact tot several of its members had been called upon to sit on the Slavery Comission, and, secondly, of the fact tot some of the reports with reg rd to mandated territories had not yet been comunicated to it, while others only readied it Just prior to its session, to Commission decided to met again in to month of October in London in order to complete th® task imposed upon it under to terms of the Covenant, ana to carry out the progrnimie of work which itbd drawn up for to current year. At its first meeting'* the Commission re-elected Marquis TfBODOLI as Chairman and M. van HK S as After examining the reports enumrated above and to petitlCM with regard to these territories which Md reached it during the past year, to Commission devoted its conoid ration, as it did last ye r, to various problems of general interest to which the application of Article 22 of the Covenant has given rise. 1. igr. itorles. The Permanent Mandates Comiesion has noted with satisfaction the action which the French and British Governments have taken in consequence of it« recofimendailon on this subject last year. The two Governments have now informed the Commission that they have entered into negotiations. From 1. Duohene nnd Mr. Ormsby-Gore 1 © statements* it would appear that* In spite of the differences in the Customs systems* administrative traditions and currencies, as well as of the fluctuations in the exchanges, a favourable issue of these negotiations may be anticipated. The Commission notes with regret the increased importation of alcoholic liquor In logoland and the Cameroon©. It has taken note with satisfaction th t the two mandatory Beware are disposed to take steps to combat this increase by adopting the methods which the Commission recommended. The Commission cannot but hope that the negotiations on this subject which have been so successfully comenced may. In the course of the next administrative year, lead to an understanding which will facilitate the task of the two mandatory Powers, end promote the welfare of the populations commit tod to their charge* Ste Frontier betwan the franah ana Britlab Coaoroona and batman ftmft armnh Wnluifr The Permanent Mandates Comission has ? Iso been glad to note thr t the Council has given effect to the recommendation hich it submitted last year coucernin? the frontier betmen the French and British Commons* It is happy to observe that the French Gcvornmcat, forestalling the recommendation addressed to it by the Council* bM not only consented to communicate its view concerning the desirability of effect la rectifications of the frontierline bat has also stated its readiness to enter into negotiations with the British Government on this subject. Ine Comnisrion hopes ta t these negoti tions will soon be brought to a successful conclusion. Moreover, the Commission has noted the desire expressed by the French Representative that negotiations should be comenced in respect of cert? in slight rectifications of the frontier-line betteen french and British logoland* In conformity with the precedent established last year, the Commission has the honour to recommend the Council to request the British Government to be good enough to communicate its views on this subject. 3- On June 19« U, the Britisa Government informed the Secretary- General H uis Majesty’s Government had decided not to maintain their right to recruit natives of a mndsited territory may present themselves for enliutnent in Bls fej^sty Forces outsiae the boundaries of tie manda tod ter itory** and that Instructions to this effect had been given to the Governors of the territories adjacent to the British mandated territories in in East and West Africa. At the same time, the British Government expressed the wish test it should be understood "that they receded in no way from the attitude up by their predecessors as to British sovereign rights in British territory or British-protected territory.* The Commission has noted with satisfaction tills decision on the part of ths British Government and the supplementary stn ternate made by its Representative on this subject. The Commission has availed itself of the presence at its meeting of the Representative of the French Government to obtain from him an expression of his vises concerning the question dealt with In the letter quoted above. The Commission Is happy to note that, accordin' to the French ReprosanteUva* 9 statements, the French Government shares the point of view of the British Government and of the l&adateo Commission on this subject. In view of the general interest which the question has evoked and the importance which the Comission attaches to the reacting of a uniform solution, the Commission has the honour to propose to the Council that the latter should request the other Powers exercising B or C mandates to coEmmicate their views in the matter. SarrUsEiae. The Commission has noted the replies given by the Australian, Belgian and South African Governments to the questions communicated by the Council in consequence cf the report submitted by the Commission last year. Without examining these replies to the Council and without waiting for the replies of the other mandatory Powers, the Commission feels it its duty to point out to ths Council that at the present session the importance of the problem under consideration and the urgency of arriving at a definite solution in the interests of the development of the mandated territories have been strolly emphasised by severe of the mandatory Powers. Tl>e Commission wuld therefore be glad if this question could be promptly settled by collaboration between the mandatory ?owrs and the Council. 5* Temrs, After having fully considered the question of land tenure, Via Com* mission adopted the following text as the expression of its opinion: •The mandatory Rowers do not possess, in virtue of Article® 120 and 257 (paragraph 2) of the iToaty of Vers 11les, any right over any part of the territory under mandate other than that resulting from their having been entrusted with the administration of the territory. •If any legislative enadtemant relating to land tenure should lead to conclusions contrary to these principles, it would be desirable that the text should be modified in order not to allow of any doubt.” 6. asMU-..Um« The Permanent Mandates Commission notes with satisfaction a growing tendency in several mandated territories in Afric.' to give prominence to the daily work and needs of the native boys and girls in the course of their instruction. The Commission is of opinion ttet, by making character training and discipline, the teaching of rgriculture, animal Imsbandry, arts and crafts, and elementary hygiene, the .ieynote of educational policy, the gradual civilisation of toe native populations as well ns tte economic development of the countries will be furthered in the best pos ible manner, The Commission therefore asks the Council to call the attention of all the mandatory Powers to this system of education as being in its opinion particularly suitable to ths conditions of life of backwrd peoples. 7. The Permanent Mandates Coomlsaion has observed that there tee bean some confusion of opinion in reg rd to the precise meaning of the terns used In the Covenant sad in the Convention of St. Gernain of September 10th, 1919, regarding the liquor traffic and has fomod the opinion that it would be advantageous if aa authoritative definition were given of such phrases as ’’liquor traffic*, "trade spirits”, "spirits”, "spirituous liquors”, "distilled beverages”, and "non-alcoholic beverages”, While recognising th t the task of defining those terms is the work of experts, it invites the attention of the Council to the definition given by the Secretary of State for the Colonies in the British Parliament on May 7th, 1924, which ws as follows: ” liquor traffic 1 means the import tion of cheap distilled liquor® for sale or barter as an article of trade with African natives, Such distilled limners are generally known as I trade spirits* ”, "Spirits” and "distilled beverages”, Tae Mandates Commission suggest® ttet these terms are identical, and proposes that they should bo defined as alcoholic, non-fermented liquor® containing more tten a specific amount of pure alcohol (®ay, 12 degrees), "Non-alcoholic beverages’ 3 should similarly be defined as beverages wMch do not contain more than a specific M>uat of alcohol (say, 2 degrees), rhile ths definition of trade spirits referred to above my be considered true in fact, ths Pemment Mandates Commission recognises that something more precise is needed for the purpose of Customs duties, 8. 4MMMI The northern boundary of the mndated territory of South*best Africa has* it appears* n&v&r been defined. Bet wen it and Angola there is a strip of disputed territory seven miles broad* the Germans and Portuguese decided to treat as a neutral zone pexidinr- a final settlement of the question. This zone is under no effective control and consequently constitutes a menace to good order, and is an obstacle to the conclusion of m extradition treaty for fugitive criminals be Wen the two Administrations. The riocredited Representative of thj Union of South Afrlc has infoiwd the Mandates Commission that if this sone wra aboltened and if in this region the Esandatod territory had access to the Gunene River, ths inhabitants would be able to draw water from that river for purposes of irrl& tlon« The naridatory Govemwit for its part is to taise up the scheme* In order to facilitate its realisation, the Government of South Africa appears to be prepared to recognise fortuguose sovereignty over a part of the disputed »one« The Mandates Corrals n ion recognise? that ray rectification of boundaries would remove a portion of a mandated territory and ©ttach It to a colony is imi»oesible< However, aa in the pro ont ease the sons in question has not been included in the mndatwd territory because it w-s under dispute, the Gmtnission is of opinion that, so far as the Covenant and the mandate are concerned* there is no objection to the proposals made by the Represents tive of the Union being taken into consideration* In the interest* therefore (a) of law and order, by bringing the neutral sone inter administrative control; and (b) Of economic development and the prosperity of We natives, by rendering possible a scheme of the Mandates Comission has the aonour to the Council to invito the Governments of Porfaagal arid of Ms Majesty for and on behalf of tho Vni.cn of South Africa to hasten the conclusion of an agreer;ent wliich Mil giro effect to ths above proposals. OBSm TIOM? M Tiß PEHUIWiT comssioii O W Aim* iasomoh. g; mmotm u»m b c uomms boq m mcmso AmMismtin w. These observ tions were drawn by th® . exwmcnt IfcaMteo Comissiou* after the reports had been examined in the presence of the accredited Beprosenta.tives of the lowers by they wre nxnishod. They are presented in as concise a form as possible. la order fully to understand reference should be wde to the Minutes of the tings at Meh the reports wre discussed. Territories under B M agate. (under Update ofßelMum}. The annual report of the Belgian Government on th© administration of Ruaada-Urundi for 192} wee received by the Secret Flat on May 2bth, 192 U, in ninety copies. At the same time th© Secretariat informed that copies of the report had been sent direct to the members of the Mandates Commission. On June 7 th, ten additional copies were for to the Secretariat, ihe report contains a number of decrees promulgated during th© administrative year 1923, together with certain earlier decrees the Permanent Mandates Commission had asked to have communicated to It. A rough map of the territory is annexed to the report. The Commission, assisted by th accredited Representative of the Belgian Government, M. M. Halewyck, considered this report at its morning meeting of June 27th. The Cowission wishes once more to place on record its satisfaction with the clear and concise character of the Belgian report, of which the form is in accordance with the provisions of tae Covenant. It wishes to thank the Belgian Government for having complied with the Commission’s request last ye rby appending to tM report a map of the mandated territory. It would else be glad to receive tue text of the principal laws in force in the territory, which the Belgian Government bad promised to communicate, but which had been delayed owing to the fact that they had not yet been printed. The Ccoßdssion was somewhat surprised to loam that the Belgian law approving the mandate which Gam® into force on July iOth, Md not yet been promulgated. It would be glad if the mandatory Power would kindly forward th? text of this law as soon as it became executive. 1. Mbo-ur. Iha Commission thanks tho Belgian Represent tive for his undertaking to furnish it shortly with the complete text of Decree No. 100, relating to labour contracts. 2. BtooeUoo. The Commission notes with satisfaction that, according to the Bel* gian Government’s report, the establishment of a school of Arts and Crafts is contemplated in the near future. 3. The Commission wm surprised to loam that the medical Caro of a population of about 5 million natives is undertaken by only four European doctors. e The Commission hopes that, if the unfortunate effects of t e temporary shortage of young Belgian doctors are likely to continue, the ttsadatory fewer will make it possible for practitioners of othar than Belgian nationality to accept medical appointments in the territory under Belgian mandate. 4. asuotofM*. The Commission would be glad to know whether to subsidy granted to the territory is shown in to Belgian budget as recoverable or irrecoverable exandlturb. The Commission notes with satisfaction the Belgian Representative’s statement to to effect tot his Government has arranged to take steps to ensure that. when to next report is presented, a detailed budget, together with accounts for to preceding financial year, will be submitted to to Commission. CaoarooM and Tolland (mdar feurfatn af fwK IfISNUMWaNMBt. The Camission can only confirm the opinion expressed last year on th® manner in which reports on to territories mder French mandate are presented. It has noted once more to pains the compilers of tone reports talc® to all to questions asked by to Goemtoion. It is unanimous in regarding this promptitude and courtesy as a new proof of the deference of to mandatory toward to League of H tions. for whish it desires to tender Its cardial thanks. The Commission shares to anxiety of ths mandatery Fowr regarding to increase In to Importation of alcoholic liquor into to French Cameroon®. It h s noted to declarations of to Government of to mandatory Power contained in the report and confirmed by the latter’s representative, according to which the Government con© lined admits the necessity of taking suitable measures without delay to satisfy to wish of to Commission regarding th equalisation of import duties on alcoholic liquor, without preJulice to any otor matures which may be toon in order to restrict these imports. The Commission has no tod to prosperous financial situation of these mandated territories. It will follow with special interest to evolution of th 3 financial policy of to mndntory Power as reg. rds, in particular. to utilisation of to surplus which th budgets of to two territories show. mmwhm» Twenty copies of to annual report of the Freuoh Gove umnt on to administration under mandate of to for to year 192 J wre received by to Secretariat on June 2nd. 192 U. Ten copies of to budget of receipts and expenditure (financial year w re at toiled to this report. At the same time to Secretariat was informed that copies of to report had been addressed direst to the Mibere of to Mandates (taMiseimu On June 16th. eighty additional copies ware received by the Secretariat. The texts of the principal decrees and orders promlgated during 1913 were included. The Commission devoted two meetings on June 24th and 2sth to the examination of this report in collaboration with the accredited Representative of the French Government, M. A. Duchene. B* The Commission would be glad to receive more det lied Information concerning the advisory organs referred to in Chapter VI of the report concerning the participation of natives in the administration of the territory. 2. SJtAXKX' The Commission has noted with satisfaction the provisions of the Decree of April 26th. 1923. concerning tbs "suppression of the slave traffic and of cannibalism*. The manner in which these provisions have been drafted is. in the Commission*s opinion, particularly Ingenious and is calculated to ensure the definite euppres -ion of all offences ag Inst the liberty of the individual. Ths Commission has noted with satisfaction certain statements by trie Mopresontative of the mandatory Powr to the effect that lie considers it both desirable and possible to collaborate with the British authorities with a view to suppressing the cases of slave trade which still occur across certain parts of the boundary separatin' the J'reneh and British Kfemdated are; ;« 3* tetoari Th® CownissioH notes with satisfaction the information concexain: labour conditions which the report contains* The Carnal salon has been specially interested in the question of the recruiting and living conditions of workers employed on the construction of the Caiw one Central flail wy* ion furnished by the Hepresent- ative of the mandatary Fewer bears witness to the attention given by the local authorities to this mt ter. Bie Conmlssion would Was the question to be dealt with again In detail in next year*a report. mis th® justice of certain accusations which haw been brought forward. the Me- of th® mandatory Fowr has promised to comply with tills re* quest. The CoEinisalon would refer to the question raised, in its lent report concernin’ the conditions in which the contract for labour can be termins ted by the employer and regarding the latter*® obligations towards the Xt hrs noted the eta taints mde by the Kepreeeatotlve of the mandatory Power to the effect that this info mot ion would be c*M»sunicatad to the Commission. irad, xo ana ?* oofsotwe 9-C Alcohol, The Coami sipn has noted with satisfaction the declarations of the representative of the mandatory Power assuring the Commission that it would find in the next report a comparative table showing the importation of spirits similar to the table of so-called hygienlquea H given on page 15 of the report under consideration. 9» WWWt*JMMiII& The Commission lo glad that its consents on the text of the Decree of April 3rd, 1921, have bean tafcoa into account. The now text dispels any rdsmdsrslanding to which the original text may have given rise, and makes it clear that the principle of economic equality is respected under the Customs of tho French Camoroons. £• The Commission hopes that, in view of the extremely satisfactory financial position of the territory, the mandatory Power will consider the possibility of increasin'" the credits for public education. the Cansnission would surest the possibility of Introducing pro* gressively modem methods of moral and physical education, and of instruction in discipline, such as have already been employed with success in cert in colonies. 7. The CoGmission is glad to find a declaration in sho report with regard to the oiueraMp of the State lands. According to this declaration, which is in complete conformity Mth the own view, these lands constitute a purely local domin, An spite of any suggestion to the contrary wMch ths texts of the laws on land tenure would apprr to convey. The Commission is glad to note the statement made by the Representative of the mandatory Power to the effect th t all official texts, such as the Decree of February 27th, I$2U, appear to contravene the principle ro* cognised by the French Government, will be amended or interpreted anew in such a my as to restore consistency of principle. The French Government* a annual report on the administration of the mandated arm of xogoland for the ysar 1923 saas received by the Secretariat in twenty copies on My 23rd, WMi by UM following documents: Local Budget of Togoland Territory (10 copies). Revenue and Ex a/iditure Account of the Local Budget for the Financial Tear 1922 (3 copies). Bail way Operation and Budget (10 copies). Revenue and Expenditure Accounts of tne Railway Operation and tharf Budget (10 copies). The Secretariat im informed that copies of the annual report ted been sent to the ambers of tho Mandates taMfttetab On June 16th, eighty further copies were received by the Secretariat* report gives as an* nexos the texts of the principal decrees and orders issued during 1923. 52ie Comieeion devoted tw meetings t on Juno 2pth and 26th, to the exr;Mmtion of this report in aollabor tian with the accredited Representative of the French Gownamont, M. A, Duchene# !• She Conmiwcion is glad to note th t arbitration councils for satire labour have been established and that the Represent‘tiw of tho mandatory Powr has intimted W-t tho next report will canton more detailed inform* tion as to the results obtained in this field. Stet Genetssim is particularly gi d. to note its somats on the text of the Decree of Mevmber 17th, hoe been t&.>M into account. The new text dispels any Maunders tending to which ths original text tew given rise, and makes it clear th-1 the principle of economic equality is respected under the Custom regime of logolend* 3« W Ite Conmission notes th declaration of the of the set* fewer according to which the legal pas i tian with regard to ths lands* corresponds to that of the donain in the Irench Camrooas. • .■ -? ■• • a,> The CojEJiesino desires to draw attention to one passage in the report the significance of which it is to as indicative of the respect accorded to the fundamental principle laid down in Article 22 of the Covenant of the of B tions. This passage reeds as follows w Xa thus providing logoland with a curreeoy of its om» the State renounces its aovoreMn right to mint edinagea policy whiea is without precedent in the history of France. 11 (Page column 2.) BB Commission is gUd io note the Bopreemtative 1 ® statement test in the next report an endeavour will he made to aoMt, in a form adsdttiiig of comparison, the fee to and figures of the pearly expenditure incurred in the territory prior to 191 U and to the of the mndatee system# fencwlJa (m&sr..£aa-toto a£ QlCSiii Sritata). ninety-eight coopies of toe annual report of the British Governemt on the administration of Tanganyika for the year wre received at the Secretariat on June IJto, Two copies of Ordinances 1-jU issued in were attached. The CcnMssion devoted four meetings on Juns JO th* July Ist, and July £nd, to examination of this report* in collaboration with Hr. Ormby*Gore* M* P. t the accredited Representative of the British Government. The Comi&sion notes with satisfaction that* in accordance with the reooanandation in toe Commission’& report last year* the British Governmnt hew issued the report on the administration of Tanganyika in the fom of a doouswit published by His Britannia Majesty’s Government and not as a report by the Governor concerned to the Secretary of State for tiie Colonies in London* The CMMlMion desires to repeat th.-, which it made in its report last year that documents relating to toe udministratlon of mn* d tod territories should be included as annexes to toe :xml report* It duly notes the waders trading on this point which it tes arrived at with the Representative of the mandatory Rower* It is agreed that* by of ex* per Imant, the following procedure shall be adopted! The mandatory Rower shall transmit to toe Secretariat duplicates of all Ordinances promulgated in Tanganyika as such Ordinances cone into force* The Secretoriat will submit these Ordinances to the Chairman or Vioe*Chalr* nan of the Commission* who will select those which the mandatory Rower will be asked to include in its next report* The ComiMlon expresses its that* in accordance with the recommend tion wade by the Commission lost year, the Mandatory has inserted in its report a sketch map of the territory. 1* The Churlssion notes with interest So. of providing for decentralisation of adaduistr tion by giving conslderabla latitude to officials in the control of native aff-drs. rith a vie« to fadilltoUng Ito work* the GowMlsfdoa has the Baseesantatlw of t:ie mandatory to insert la subsequent reports such detailed Information as will enable tiie Commission to ea tian to the extent to which local administrative officers avail particularly in criminal MMM hf the latitude allowed thorn. Tho ths of th® Mandatory for th® favourable reply which he h-.s returned to this request. Tho Comission no too the aurones given by toe of the mandatory that he will furnish the Coomiission el to further inf om tion concerning to constitution and powers of native courts in the territory; the extent of in practice* these polars are used; and* in particular* the legal pr ctice of these courts in the matter of corporal punishment. 2. kstos. The Commission has toen note with satisfaction of to very categorical statements made by to Representative of the mandatory Power relative to to intentions of to British Govemnwit in to matter of to International Labour Conventions* These st tements, to which it has to honour to draw to attention of to Council, are reproduced in extrnso in to Htnntes* The Coardssion will note with interest the information which to ho* presentitive of to mandatory Power hue offered to supply with reg rd to tie regulation of child labour, to inspection of esthblisiMaßnlc in which mchifl!* ery is industrial accidents and to recroltoat of labour. ?• ir ~° 'i mi SeWiaiiM tf a>na m© WaSiWi ©Mil Tli® Commission will be glaA to receive to information to Representative of the mad' tory Power had to ith regard to to etllle mentioned in paragraph 33 of the report and on to smoking of bhang. The Commission notes the mandatory Power*© statement tot the Governor of the territory did not consider that any special measures had becase neo* essary to ensure to normal and peaceful development of the activities of missionaries of various creeds in the territory. 5* Station. The Commission follows with interest to attempts made in Tanganyika to gitw practical -instruction in hygiene, agriculture to! local industries in all public elementary stools. It calls attention to to small sua: set aside for education and exore res the wish tint to public revenues will permit ns soon as possible of to establishment both of a greater number of Government schools and of the encouragement in mission schools, by State grants, of similar to traction* 6. afeUfiJiMifi* Ths Co&siissloa hopes that to Power will 20m be able to appropriate larger funds for to protection of public health. The admission Is greatly concerned at to octant to ©Meh public health is aadaugsred by venereal disease. It will be interested to learn what action has been taken to give effect to its recomooadations*which to Representative of the ma* datory Poser lias agreed to forward to his GovemmenWog rding me sures to ensure to detention of patients until completely recovered and provisions for sanitary inspection of itinerant traders. / • 1 ■ ■. ' ’ - ' '■. ■ • • .. ■ • ", - I 1 7* The Commission is glad to note to declaration on page $3 of to report to to effect that to tolc of to dcmin is expressly recognised as belong* ing to Tanganyika Territory. a iwiljHAJkiHEiaLMan* The Commission will be interested to receive the Information which We Representative of the mandatory Power has offered to supply on the adaptation of the general policy pursued in the territory to the conditions of the v rious tribes and conuunities composing the oopulr-tion. 9. CMMulllMMik The Commission will note with interest the mand tory decisions with reg rd to the distribution of Custom receipts amMg the v rious members of t jo Customs Union formed between Taaganyi .a and the nei hbouring territories. The Cowie sion wuld b® glad to receive more detailed information a® to trie conditions governing the withdmml of the various Germn curreacioo In circulation in the territory at tne tine when the present Administration was inaugurated. Territories under C Mandates* c ( wiWr of Hy. The Sew Zealand Government* 3 annual report on the adminiatr tion of tee tern Samoa for the period March 31st, rch Jlst, 1923, ®s re- ceived by the Secretariat in twenty-one copies on Attest Sth, 1913, together with twenty copies of the Orders in Council relating to the mandated territory. The Secret-Tint ws also informed that the report hvd been seat direct to the members o' the Permanent Mandates Coraniscion* The Coroniscion examined this report on «hine IS th, in collaboration with the accredited Represent tive of tho de- Ze-land Government* ir James Allen, K. C. B. tfetw.gl Obrerv tions. The relative brevity of the observations of the Permanent Mandates Commission on the report for Western ? moa, ns compared with the other British reports, viz., those for anu South-West Africa, may be explained by th ’ fact thst in the latter case, the Commission had the adiMtagt of conferrin’: tilth the actual Administrator of the territory moreover, In consequence of its geographical position in the tour perate zone, offers problems of an especially complex nature)* and, in the former case, tho report for Tanganyika dealt very fully with those subjects which are of ossocial interest to the Commission. Iha accredited Representatives in both instances took tae utmost pains to afford to tlus Commission the rest detailed information on every point raised. The report examined by the Commission was received by the Secretariat before the Council had tr admitted to the Mew Zealand Government the Mandates Comission*B previous report and it is therefore obvious that the Commission*® suggestions could not, in the laudatory *s report, have bean b en into account, -he Commission merely desires to rope tti t it would be grateful if the mandatory would in future submit its report to the Council of tm league of Nations in a form clenrly indicating that it assumes full responsibility for their contents. She Cosnlowlont while fully appreciating tho value of the steps taken by th? sand tory in pursuance of the recommendations made last year, aould point out that it is not yet in possession of all the legislative and administrative documents or of a map of the territory for which it has asked. The Comission trusts that the mandatory Po er will, in conformity with the hope by the Sew Ze land F>epreseatative, be able to transmit to it, through its high Coanlasioner in London, tie complete series of documents which the Commission was to receive. The Coaeleslon notes the Sew Zealand Represent itive’s BtetMM* that the reply to the questions r ised by tho Commission will probably be found In tiio report now being transmitted. The Commission desires to thank the Mew Zealand Representative for the Info rm tier* given by him with regard to ths Apia Observatory, which has been purchased by the mandatory Power from Hue former private owners, the purchase price being placed to the Reparations account. & The Commission duly notes the term of Clause 2 of the Chinese Free Labour Ordinance, by which penal measures can no longer be against Chinese labourers for breach of a labour contract. The Commission will follow with interest results of the application of this ordinance. 3* The Commission notes with eatlsf action that, according to the report, elementary edition will shortly be made compulsory for all children in the territory. The Commission also notes that the Haw Zealand Rspresentative will bo good enough to supply further information regarding the various forms of apprenticeship in the territory. u. The Commission will learn with interest the further measure® tacen to combat leprosy. 9* The Commission notes the Representative of Mow Ze land’s stntoent that the reply to the quo tion which it raised last year concerning the prooeoda from le see of native lands, concluded by the Administrator of the territory under the tern® of paragraph U, Article cSO of the Samoa Act of December 7th, 1921, will probably be found in the report now being transmitted. The discussion, in which the accredited Representative took part, has not fully enlightened the Commission in reg rd to trie devolution given to State property, nor in regard to to purposes for W Ermdatory Power intends to appropriate the revenue from such property as well aa from *Crown Es totes'* of the uandatory Power has become the The Commission would be glad if to naxt report contained definite replies to the v rious questions which were put in We course of to discussion* The Coomiesion would appreciate the inclusion in the next report of a description of the general system of taxation in force in We territory. sooth-sbst atrica One hundred copies of the report of the Covemnont of tli® Union of South Africa on the administration of South-Africa for the year received by the Secretariat on May 21st, The Secret riat also re* calved one hundred copies of the anmal report of the South-"®st African Administr tion, and a map of We territory shoeing the native reserves. The Secretariat was informed at the sane time that ths report would be forwarded direct to the members of the Penmnent Mandates CoEminsion. The Secretariat further received t ie following documentor SsUmtes of the expenditure to be de frayed mui the revenue to be received during tiw year ending March Jlst. (>) copies); Auditor-General*9 report on accounts of the Couth- ast African Adminiotr tion for (U copies). Tho ConMseion devoted eight metings-on June S6th t and pth and July 2nd and Jrd-to tm em&lnation of these docuEmts and to hearing the statements of the accredited' Kepre&entstiw of tb3 Government of the union of South Zkfrica t the Hon. Gys. H. dofneyor, who was accompanied by Ifejor M iming. sccret-.ry of the Dep&rtaient for S tive Affairs* The Commission dos ires first of all to express one© araia its gn-t appreciation of th® opportunity of hearing the views of the Administrator for South* West Africa. tils authoritative statements have boon of the greatest assistance in throwing light on the various administrative questions which arise in a territory siws the 00-oxistence of a native population and a large domiciled European community creates conditions and raises problem which are found in no othor African territory under mildate* These statments have alm dram attention to the fact tbat» under the previous administration, vast agricultural lands sere granted to Europe r* colonists otiose rights and titles it mould be difficult not to recognise. Xt thinks the mandatory Power for having given it this opportunity of receiving first-hand information. Xt fur War notes with satisfaction that it has received a dooimnt presented in the for© of a report fro© the mandatory ?owr to the League of D tions. The Commission desires to express its gratitude to the mandatory end its for the excel lout usll map® end the valuable collections of photogrs&h® which have Hlustreted th? statements of the AdedMetrator* documents, which ivea to the Concslselont are deposited with Vie Mandates Section of ths S-jerot riat. The desires to point out th t it has not yet received the 12 copies of the ’♦Official Gnsette* whloh th? tive of the mandatory Power promised to send L?*st Xt has, however, received six copies of a canplote set of laws in force in the mndated territory# It also notes the stotenent of the Representative of the mandatory Rower to the effect that ths desire by the last ye r, mid repeated this year, veg rdlng to® distribution of 12 copies of the ’’Ofiiclal Gasatte” and of the et of would be ncccdcd to# The peculiar situation of th) area &aom as the •Caprivi-Sipfel* has once more occunlrxl ths Comissloa 1 ® attention. If the difficulties of a geographical nature i?Hch prevent this region from being placed under the authority of the Administrator of Souto*Wst Africa should prove to be insuperable, to Commission would be glad if toe next report of the mandatory Fowr were to cent-in * reference to the administration of thia part of the territory# Thinks to the information given in the report and toileted by the statommte of the Represent tive of the m>& tory Rover, the Commission has obt ined very full tofonntloa reg rdlng ths general administrative policy adopted in the mandated territory and the wricms special departments md iaatitntiana coac main? which it hsd asked a number of questions in its last ye r*s report# The OomMwioa w especially interested in the information concerning the composition and fractions of Vie Advisory Council to the Admin* Istrator ne reg rde native interests# It will be glad to know what w ewms ere for Meqmte represent tion of native interests in this Cornell in tM future, The Commission has noted with great interest the infromatlon given concernin’ the organisation and extent of native reserves# Xt fully ’aider* stands too recons which may have prompted tills policy of protecting the natives, by establishing r serves, from influences subversive of thus main* terrace of their customs end traditions# It would, however, point out that, under Article 23 of the Covenant, the mandatory Fowr is entrusted with a civilising mission which it obviously cannot carry out if the natives, being segregated into reserves, are completely isolated mid left to their own devices. It hag therefore noted with particular interest info«ae* tion the rwno adopted by the Mi&’.tory to avoid such aft undeelrrblo result# It trusts th t the next reports will include informtion enabling it to put on record that the ef orts, both to urowte the evolution of a less rudimentary civilisetion aratg W natives within tiielr reservesand to facilitate Iha movement of theme desirous of so-Jdag outside their reserves, bwe been crowed with success# In particular, it follow with interest the steps take® by the mandatory Power in the reserves to increase the number ol schools, organise the administration of Justice, and develop industrious habits the natives, The Permanent Mandates Comiseion is of opinion that the aoundnees of the views which have prompted the Admindotrr tion to adopt a system of segregation of nations in reserves will become increasingly apparent if there is no doubt that in ths future the Administration will have at its disposal sufficient fertile land for the growing needs of the native population and that the reserves will be enlarged in proportion to the progressive increase of the The Commission lias taken noth of t’xs statement rdlng the peculiar conditions obtaining amoag the Rehobo th Tmtards, woo inhabit a ion situated in the centra of the mandated territory. It hope® that the effort® mode tluj AdMnistr tor of Africa to extend to them tho benefits of effective adaniniatration by the mandatory Powr will have eatiafactory result. The ConEdssion has noted the difficulties experienced both by the and the populations entrusted to its charge as a result of tiie existence of a neutral sone on the northern boundary of South-West Africa* As Coamlssion points out to the Council in its geoml observation, it considers that th® suppression of this sone would be of benefit to the natives and would facilltats a sound administration of the mandated territory. The Cotmdseion has found in the report smitlon of the concluded in London between the Government of South Africa and the German Qowm- Mst concerning the aatur&llotion of the German population of the dated territory. It trusts that the Commission Hll be kept infoswd If all results obtained by tiie adoption and application of the legislation passed with respect to tills matter. SteXiiOir The Consldsioa has taken cognisrjsco of the statemeat® made by the Representative of the mnd&tory to the offset that ths domestic slavery v«hich was reported last year to exist among the tribes on the Okavango River is not slavery in the ordinary acceptation of the term* It -?ould also like to obtain as complete information as possible concerning the consequences to Individual liberty which are involved by the fMMftMI of holding debtors as security referred to on pegs IS of the report* 3* Labour. The Coinmission notes the statement that the raaadatory will furnish it with specimen labour contracts in use for the wines and also with the regilntions reg rling the conditions of labourers in ths expounds. Th© Commission notes with satisfaction the efforts of the Administration to improve the between white eß?loyere and native workers* The Ccxmiisßion struck by the statistics (page of Vie report) regarding the mortality of workers in the As the Representative of the tory Power informed the Coorission that these figures were inaccurate. it aould be glad to possess snore reliable infoymtion on the subject. It is particularly anxious to kno'? the exact nwibar mid the nausea of these deaths. If, as ©pnoars to M the Oase t mrtallty workers in is abovo the normal, the Comlmion is inclined to think that it is due to the f©ct tint Vie Owbos, from among shea time labourers are chiefly roerwltad, a -mot stand the cita to ox’ the mining districts. It will be interested to receive the acre detailed informtion on thia subject which tho Bepresdntfetlve of the mandatory has underlain to furnish. The Commission notes with satisfaction the system of native edition recently introduced by the Administrator of SoutMtost Africa and hopes that it sill soon be possible to push forward th? training of a larger mober of competent teachers anu to increase the umber el uaUve lb (See under Labour above) teUiesm* ‘Xlw CasMssion notes the of the Keprwmtative ox the mwF ch tvry that a euKmry of t*ic mmorandum on land tenure rcforroa to by Ifejor Betbet last ye -r will be included as an auaex in tiie next report. The notes the Representative’s personal as to the legal st tus of Ute railways of the Emoted territory. It accepts his uadertaMog to give ths views of the mandatory on the subject later. The Commission notes the £<^mentativo 9 s statament that the tam a Crown lands n Jsas no other mannliag in UouthfWsst Africa tian *lands belong* ing to trie State*. 7* In vie® of Ue fact that the territory contains racial elements which the Administration done not regard as native, but which are not purely im- the Commission would be glad to knot? the emot omning of tlie terms amative* and person 0 as used in the law and atednietrative document® of the mandatory Bower. Xt MH be interested to learn the policy followed by ths mandatory Bower in reg; rd to the various classes of powom of mixed race living in the territory. The Comission notes with satisfaction th) vary clo w an . full information famished by the mandatory Bower on the public finance of the territory. It would be glad if the next report contained details enabling It to follow the tethod of determining the proportion of the Custom® receipts of the South African Custar Union which are allotted to the mandated territory. Territories wider A M&wiate. STHU AMD TH? Thirty Ite present se -don thw Comission has not been called upon to consider any report oa the &4bsinlstr?tion of Syria and the Lebanon owing to the recent casing iato force of the'mandate for these territories. M. Sebert de Calx* ths accredited Kepresmtwtiw of the snand tory lt>aer for Syria awl the Lebanon* being present* however, tha Ceouiesioa availed itself of the of discussing with him various tions. In the course of this conversation, to suggestion® were pit formrd which it would opportune to recall here. Th® Comission acknowledged the courtesy with <iich the Representative of the mandatory Power received its requests for Infomstion on v rious points. It will give the Cotmiisslon particular satisfaction to find in the next report full informtion on the tion of Syria, and in particular the follewiag 1. A a%p showing clearly the frontiers of the !2&ndated territory as well as its atoiuistrative divisions* 3* A detailed budget regarding the &MLnietratlm of W&kfs property annexed to the general budget* 3* A set of the principal laws and decrees in force in the mandated territory. musmng' The Commission. although it was not called upon to examine any report concomin the administr?: tion of Palestine because of the recent coraing Into force of the mandate, has availed itself of the presence of Mr. Ormsby-Gore, the Representative of the mndatory Power for Pslestisie t and Mr* Keith Boaeh, a official of the Palestine Adminis* tration. to obtrin certain information which these gentleman good to give. The Comission wold be glad to fave submitted to it before its next session maps showing the frontiers of Palestine and Tmnsjordaula and their administrative arms. OBSERVATIONS or MA COMMISSION OS FSTITXOM otmd ib w couksk or in ram rasrau Xu ths course of its present session. the Comission lias had to ex* amine the following petitions reg rding the Inhabitants of imadatud territories: i. In with 3 of the Rules of Procedure for petitions, adopted by the Council on January 31st» all petitions of tills kind have been to the Chairmen of the Porwmt Mandates Conmlseion, wi-io has edbnltted the folio wing report on those which* la his view, need not bo given further consideration by the Commission: to Mvs received three petitions from sources other than t)j® mandated territory themselves. Xa accordance with paragraph 3of the Council Resolution of January 31st, concerning the pro* cedure to ba followed in tie matter of petitions* X haw to sub* tsit to the Commission a report on Viese tirae petitions. (a) A letter from the Ssecutiw Committee of the Syro* feleetlalea Congress, signed Michal AOOAhLUi and dated Cairo* October 1923* was received by the lerxgus of Nations on Severer 22nd, 1923. In this letter the Comittee protects against the wording of the manatee themselves which have come into force in Syria and Palestine as a result of the Council’s decision of Septeoßer 59th* 1923* and calls for the withdrawal of the mandates. It is clear that tills demand lies outside our competence. (b) have received a petition drafted in daman* dated bum Mb • Mi Mmbii MhSmb MM MM mibmimi three sigua tores, nemLy and 0. MB tBB ‘x ■ MUM MM v | •!) Ml MM iB Hew Guinea ms liquidated by the Australian authorities In 1920* the sum realised by the liquidation being placed to the Reparations account daw from Romany to Australia. The acts of the signa tori os complain ar® the natural outcom of the Treaty of Versailles* by which Vie signatories were expropriated, mi of tae present situaHM la Germany* which prevents their own country from according them equitable Xn view, their petition calls for no further action. (e) The third petition which we have received is dated ftoxft Berlin, September 10tn* 19&3, and is sent by M, dans on behalf of tae As relation of Expropriated Gemins In New Quiam. The signatories complain that they have been appropriated by Australia and have received no coupons tion from Germny under the rules laid down by the Treaty of Versailles. * The case is similar to the preceding one* and the ecu* elusion I have readied is the &soe, namely, that it lies out* side the competence of the Mandates Commlesiou. The Cosrdssion concurs in tae decisions t <1 by its C iairmn. The Comtes ion Im® also received a petition frou ths African ihrograss Union signed by Mr. John dated London, October Ute, and relative to the i’ranch The Chatman communicated this petition to to Breach Goverarwit la fataaary At Ite session in August las tea® it had received no reply from t-ie mandatory Commission directed the accredited Bapriaontative’e attention to to petition, and atod for a further enquiry. On June 10th, to French Government sent to Secretary-General a letter giving an account of to enquiry which it ißd carried out. The Commission, having asamined to matter in to light of to information contained in to French Qovermmt letter, considers that to petition should be rejected. 11. The Commission has received the following petitions of this nature through the Government concerned: (a) Letter from the EMIR Jmua f son of dated Oamacus, Syria, Decker 13th, 1933, and transmitted by the Preach Gowmoant to ths Socretary*General of the League of Rations on February The Conrdssion axardxwd the letter and to the conclusion that this commmication could not be regarded as a petition relating to the execution of tho mandate. It therefore decided to return it to the Secret as being outside the of the Commission. (b) Four petitions fro® various members of the ADJXGO fsMly, dated December lsth, 1923, March 3rd, March 1924 ana April 2nd, 192 h, transmit ti*d by to Governsmt to to Secret" ry*General on June 10th, I$A» These petitions arose to fact tot certain smahers of the Adjigo clan, she were natives of to ton of Aneto, in French Togoland, had ton deported to to north of to territory, to Commission, having examined to question raised in these petitions, decides not to comueiicata Vie latter to to Co «*cil. It apoears from to information given by the mandatory Powr that to decision reached in to case of to petittom >2s not due to considerations open to criticism fro® the point of view of good administration. to Commission feels sure tot to local authorities will avoid exercising W harshness greater ton is required for the mintoauce of public order. (a) Petition from Mr. UMU MM t Angola, April 33rd, 1923, end transmitted by the Qcwwmt of the Union of South Africa to the Secret on July MOB* In view of hiformatlon furnished by the mandatory Power concerning Mr, Lange, the Commission Im decided not to Ms petition to the Canmil. (O Petition from M John WBSSOS, MM Satai* July M 1923, and transmitted by the Govemwjt of the Union of South Africa to tno on October 2Mtn, The Com! as ion baa considered Mr. Robertson** petition rel t- lag to the so*C-tiled iltner concessions and lias note of tM particulars furnished by the mndatory in connection with t ils cafe* the Comlssion is anxious to ascertain whether Robertson is estopped by the Xndemity Act from s»klag any claim in this mtW t and. if so, whether the petitioner was legally entitled to institute proceedings in the courts to obtain redress for the all ego d Before roach* ing a doc Sa ion on tlie petition In the Cor?, is ion would be to receivo through th® mandatory Wver m authoritative ruling on the two points raised ebove. il4 E X VIH (Ccmt’d). B Action taken by Council on Fourth Report of Pem&nent Hand tee Coemissioiu 1 On. Wo Invitation of the President, M* Vnn B©es t vice-Chairmen of the taWMIt Co^dsalon, cc;sm| to We Council t blt> M< Bran'ting Wei hir report (Annex C 3:., p . h 1401-2), to/eWer with thj following draft resolutionst *The Council of the Le-gue of N tionsi noted the report on the work of the fourth session of the Pom. nee t M nites Comita ion (Annex 62g), the obser- I .ions g c-radited re . #of th© Powers, agd the report • | by the MH tws once sore to express its satisfaction with the ... . . M tor ita^es,l taMUt & I* It with in the reports considered th© Maud; tea Causission, in ;wor:-l ■••dxdnletored in conformity with the spirit nd tlie latter of Article 22 o' I I .ah the I . of the Hand; tos| "Addresses its worsest th.uks mr© to th© M: nd*; tee Ml .sal which it <-.->.• distent* ly displays la its .difficult workf "And decides« "A* - As regards the general on tho following jNwtftl *l. Squalis&tlon of Import duties on alcoholic liquors in certain sandsted territoriest * To thank tho French • nd British Governments for giving effect to its recojasond.-. tion of 1 St year on thi. ; oiat> ress the hope th-1 th; mogoti aioas v.ni lei Ito the conclusion of an understaiding which will check the imp-ort- tion and consumption o spirituous Majors injurioms to the is terinl moral 9sl£ r ■ ©C the popil' 'tion c Togo X-and and the- taw©©©©* n 2» The frontier between French and British Camraons and between French tad British Tegola,nd! *(m To bompomb Sts oaMthto to th© w* sent for the rwdinesi? with HHO It t • . Mtl 1 • . tye: rf B (b) In with the Cossissloa v s d.r , t the British twemmt to OMMMKtB to to the Comxcil its views oti the subject* :’d n « n (a) To oppress its ©atisfßCt&m to the British Govern- wmt ana to the Ccßßiselon on the have fßMhet in pursuance of the WBBI Ml l«st ”(b) To note i)i . :v.fi '- • cl r: tioas to the effect th t it share® the British ik>vera®fmt*B views on this polnti B (c) To request the other mandatory Powr« f in con* family with the Cai^s&iaa to mwinlcate their views ea the ?t to b Ue n 4# Loans, Javanese and investment of riv te espial in mndei ted terri tc-riee. w To urge those mnd- tory Powers which haw not yet sent replies to the re uo;..t addressed to the® U) infore the Council of taMr views on tho ■.estioas of the mnek tad Comission is re* to Uil: i .., . , f II bH vtoUw they th t tho Coui;cil could t k© I , ’Mon tc the develop* mat of the tad 'territories by the Inve. of fresh priv to ciipit- !♦ •B» Land tenure i •W take note of the Creates Goar. • H resolution and to request the acndv toiy |MI to fIMM rd thMr views ti® the subject to the Council* *G* Edue. Uont n Xn confers! ty with the resolution of the CwidsMon, to er 11 the attention of til » ndatory Power® to the view of the Co®; B on thin subject* *7* rfic In spirituous liquors! n Tb call attention of the mandatory Powers to the resolution |M by the ton CoaaisMon, •! Bbe WMMI of the French representative reg rding the definition o ’ certain 1 Hon of, it* CBMMta ;r 10, 1919, liquor traffic, . nf to re* t them to laid m the Council of their vim o the subject. *B. earn fc Best Africa! n (a) To take note of the observe Hoar. of the & nd tee ComissiGa on tide n (b) To ream t th. Fortu>ese (bvenmt to infers the Council of its views ou the desirability o concluding, t ths earliest possible aosont, a agreuGwt with His Brit nlc Majesty f s uovomaent, - Uft ■ Ml Ml If 9 ’ tM Union | xth Africa, for the of the eontotbud MW botwea Angola, und th® ©end ted territory of South-best Africa. *s• * Begirding the special Qbsez*ratlans of the Camibsloni n l« To forward these observ tiona to the Coverurzxtt, g ' the mandr tosy Powers ami to re uest th@s to trke the re uicii® action, '/.■ ah, 1 •.•■•ttmtioß of the aan Powers to tha tionc to the Qm&MtitOß by the pointoent o ‘ Mr, Hofbqyr as re; resetstivs to the Mond tea Cos- B&Mltal and to express the Mpo te\t tlxy will find it pos-ibse In future yotPW to send officials responsible ,‘or the arhdniGtjM tiem of much tod territories ss ropresenVitives to the Band tea ”3* To xw I th© mWhMMy Powers in to aske He poncrrl rule to insert in their reports or • anex thereto, in at le? st twelve copies, Uw eoaplets text of : 11 the .oaorsl legial tive or sdtaMMr&Mw docisioas t MM led to which tq, orts refer# «C. • petitions! n To rm conclusion! riing the petitions end to instruct the Secret to tb.M such setion as may ba called for these cmiclusicw*” M. Clausal desired to r ise three in oraicction with M« *□ report, ■ With reg rd to prragr ph k(b) of Resolution A (Frontier th Ml rad British ’ . betw- Biltloh 1 -.14) t he hoped t* ...'•uh reprea^tb.tiva Ml th | the British aovemsent mM th© French should --rocoed to ea of views re^erdlii,; ths?. frontier between French <nd British Topols ad, a procedure which had been followed in the case of the Caaerooas* lord said Uv-t the British Gowmsent waul.., cer t Inly :',r io net in unison with PWOMI In the setter. Clausal s&Ld th&t Ills SSMMt absorv tion dealt Ml ragrwpfe 3(b) of aoi flvtdou A |KMMy recruiting) • Ha wished to remind the Council, t * -I. Brsnting had already doo* in his report, thrt the represent tiw of the French before th© Mrndrtoa n, while SMB WMB& sb: red the views of the British Govsnwnt Ml Wo UI I r OfMIMMWb Md reserved tM right l&id down in Article 3 of tbo French nandatea for TogriUM rad the M« Brsntiru* agreed. M« Clmml caked whether ths ‘ objection to adding q £ • u ' । . w the work of the M» Bruiting agreed to tM* a4£ttiin» wM the Council* M< Clourel pointed out th t, ritli reference to the 1 ® desire to tmr> ss £r a© possible t the officials person; Uy resyonslble for the of tM ter-, itories under send- te f in the c: u? a. h~ bW.'HMI St IeSUW of Un W ■ M .Ministration would be uaable to cose to Suropo er.ch year on the ;rouau of the economies whieb the Goveswent had hud to WdNe the CoKi ... NW*** smt of who collected lee* I ’. ♦ of the stet ties parsonaUy M ble who available would appear before the M* Bmntln,’ pointed out th t the bd not desired officials actually for t- ta to : r before it woxy year, but tbit it would be wzy h®iw to lw ; r thea from tine to tiw» > Me Quinones de X*m proposed the Council : hMM th nil Ml Per* r Comiv. its Chuirimt* th | 'or the very import'nt wrk had ccospllshod. The President agreed od f ch jf the Council desired %& and 0 I . Mate ' * Ml *re and tact with which it WB * nying out its difficult sisMon* M. Vun on IMMf of the Permanent MMtt* C I Of -4mked the Council* the ’t end resolution. UhMi lit* M« Van rkses- withdrew* ASK EX VIII (ConVd). C Resolutions edoptod by Assesbly on Fourth Keport of I J . ... . . ; : .. The - Having token eognisance ( I /.15* 1024 VI) of the I MB Caasission r to its fourth I ae ob* emwiions a:-de by the aeereditod re. reaentotivas of BelM»»> fcuwo, Hew Beslnnd Uio Union of South Africa, .nd of th-, resolution of the ComicH dated August £Sth t IBiit (a) Desir© agris to convey to the Pemcneut M nd Mb CeasisMqa Its profound - BSra thanks for the zed, the emt comp*: BmMB the ■ ■tl-lity with which it h • tB ly dis- - its &$£ nhd difficult du ties J (b) Earnestly reooasmds don should be fowl as soon- as possible for the question of lens, advances iowesMent of capltol. in the WMdOted , ition Of 11 to prow a wiy serious hindrance to the development of >rlas| (cp .Ils 'the fact thst the inhabitonto of w nd; tod hare a right to address petitions to the Council, in accordance with the procedure alrcrcV ©stblishodj (d) Bopes thoi tbi 0 will, with cm lit I 66 pos. ible, take such action as ray be required t St to the resolution uieptod by the Council t t the request of the Pertsanmit aLmUtos Caaais&ion concerning the definition of the technic. 1 teW in the conventio Manor traffiej (e) Bf Basta th b the reports of the BMMmqP Fowrs should be distributed to the St' too Meabers of the League of nnd pit ced th© disposal of the rublic my’ desire to pureh so tbm| ;. J •■/ <. \ . . < : '. L. ’ ■ ■ a sows to ths reports of the Dermnwnt fendatos ComisMooi (g) 2k. resseu. tha desire th t it Mil be .os. ibie for ths &o* d tory Powers in the future to e.-trust to officials ; ..rnoa.My respearible .ion of •:.. -. x>ries t OS oftm s circur will lenity tlie duty of 11 atinfj then befox*® the MrM:-- tea CobsMsMoo* The resolution was adopted unanimously. 1. Of W tiOCS / ioT 10, X2SG«*@7• t» XS«»4O !♦ La u® c ra • . is y the fifth Aoetobly f 130 1924). " ANNEX IX A 1 B iramt BiOiOO* 17 e |p attfe 22 of the t> bba Far® BMt 7/ ■ . ■ -f Ini the ■ a : laporte n the Bra Power: r to th n <di in ■ : ■ ■ : R t 7. L 7 7 ' ■ ■ . ■ ■ _ < . < ; ■ ... e.e . raw tsi 11 . . abram -ce o || Aad whereaa f by the prowtalrai of the Constitution of &® ? raramt 0 Cossiaslosj which W j Ist, 3 . the C»giS3io.n is instructed to draw up its own Bolas of Procedure, subje t ■ne _ v 1J ■ 70; . . . . .. @ra I• ■ I I M7•£ 7. I I g .oj 0 O ' a ito ■ v tiom . U . : , 7 . . / > . ■ ■. . < i■ . & . ■ | ones &yer at ths seat &f the La. * Betlra $ I ■ -scend : It sill a xy sessions r t the OOOMM of ons of its rahbere* on Itai tht this request, which should be addressed to the Secret nd submitted by hie to th® oth«r tataro • --• / - - 00 ratara und by the President of th® Council of the Iragoo* I , - ./ . . . .7 - .. -a, , . 1 1 . ' # at least in • . . &KB*« I 7 & She Pe w a I emission shnll cwsUt nine iraboro* dOVO r :h (a) Of its Constitution* t - it? j '-a Mt on the lOfKraKt WKOtoMOBa rate shall be entitled tO attend* in 1I 3017 capacity* M 3 ■ 0 Persument. BratiteMoK at which connected with the Irbour OfMOB ocU ms 3* At mgr five severs sh 11 constitute a quorua* All decisions of the Coßristion shell be adopted l.y ■ nr-.jority o? the vote# of the mMbe *S '-resent ; t ths n etlng* In c<£’e o/ eu. lity o' wtee, the Chaims ah&U have a easting vote* of views by e minority of one or more meters of the shall be tr ns~ nitted to the Cou*wil -.t Cha r@< u&at of Uw minority* MM 4* At the beginning o ech ordinsiy session, the Comiscion sball elect from MMB its rr , Ay : ■ f . - • a period of one year* The Mandates fee.ten of th© Secretariat of the will constitute tho psraanoiit of the ME 5. <Hmi MMmi s • 2/th, of tha annual reports in - nformity with the revisions of paragra? h 9 a/ Article A/ q/ tM CMBftMty It is constituted to receive# The Band tory Powers Mil be requested to tend M ImMb these reports to th© teaset riat oi‘ tho Let-, nse, and one co-y a eh, t the " . ■ a , co ' ■ '. . ■ .t : Md addresses shall ba'cowam. ■, with thin object in view, to 'the OoverMents of theM Powers# - 0. The Ay . /or each session sMOL be prepared the SMreteftab’af the Ler.yue, submitted for the / the Cleiiwm of the cownmlcetod to mMboro, together with the notice cmxwaing th& Comission* The -ide, during Wi eww Oi a, by n two* thirds □■ jority of the. »e®bo w present, to fdu ;..ny us. tian to th® A ? eada* 7. fte M the CqtolbMc® t pMM ox’ the .5 riatj A 1 direct the work et the meetings, oawe M t the pro* visions of the -ules of Procedure -re observed, / nd announce the retmltc of The Secret rial shall draw up the minutes of each meeting* Thees minutes, . t ■ roved by the Commission, shall bv .. tin Biel tUftt /ArP-- / . /■.. * . L . e P 5 , ; c 7 n.,'LC.n', The Secret Tint slv 11, as a rule, Mie all the necessary . m .. geaents for meetings of the Comission* It sU.ll keep the Ch'lraan informed of cH ■ >y ba I at before the Commission for I B* Md shall sup.ly, in .uc course, 11 tho Mooers of the Commission with th© documents required /or the of the . roblems on the agend • ItUL . 8* At the beginnin. ' of th® ordinary WMSoi । Hl .Cosmisi-ian Wb 11 under* take aIM . low of each ■ . Ml I ortß subMtted by the Manda toiy rowrs* The exaMn tion nd the discussion shall take place* in each cas® ? in the prooence ox* the accredited represent* tiw of the Mandatory Poser which issued the report. After tills tian* the Cosjslsoi in shall decide upon, tho 7ors to be cive to the obsem Uons to be irtnaaitted to ths Council of the League* I. x - e „ t;. . ,u- .v .• y ite in the fora o y eeH Binorit:' irt#* mm bl 11 be* in ®Myp ease* e I b te tiw ef the Powr ImmH the report to which t. ."* The i I live MF -fn hie own rks* ‘Hie Gainißsion ehall forward th© reports of the M nd-tery to the Council* It shall &nnex to ch wort its observ tiono ns. well a® the observations of the duly suthoriaed tlw oi thv Pom tddeh Issued the report, if ths repxweatatiw bo desires. If a majority e£ the msd>ers of the Canair I Id express the desire, the HMdbMtflll sluill hold a ] 7 smtisg in the peeesMi bf the uly rc .: - ■ .. ted th f its obwr~ vations on *ll the reports wMe|i It hi B oxaminod. The HoMl W ts:-e «d* v nt jfe of the presence of the duly uthorised represaxtatlws of the dutoy -to before tees all natters with th© which* in It® | lon* should be stißlttM ly H ncil to th® taMteteM Fowrs to the othor Members of tho I»o |M» Tbs seetings* a® well ns th- meeting, shall I it be \ a;? p - " - U.c 9. Freren end hhjMeh shall be th® official of tee CosEdoion# If a of the Ccsmissiou should ox- rose th; desire* the Secrete riat will esus® all written documents tin/ frw the Cosoission, toother with the annuel reports of the Mandatoxy Powers and the of tin i M3y the tetter, to be b teem they haw been adroit ted : i li I w wren* Men of the I ranch or In 1» Qu the reqwxt of a iMber o: * gf-ecches it & will be sun rlsed in . nd vice wrs&* iy interpreter on tbo of uw Secret riat. Ite 10* J set to the prowl of the < -1, Rale- endure wbo Bodlflc I - Benters o' t B demission so decide* A n E X IX (Coat’d) B 1 Recent Modifications of By-I>ws and Rules of Procedure. The Rules of Procedure of the of the Permanent Mandates Commission wore approved by th© Council in their revised form on December 12th, 1923 Since then the Council has taken various decisions which modify the Bules. The Commission considers th. tit would be desirable to bring the text of the Rules into conformity with these decisions, ' nd to re* produce ths text &S thus revised in one document. It proposes th. t the Council should approve the following modifiertionst Rule 1, OV eh 1, is at present worded as follows s •The Permanent M Mates Comission will assemble for its ordinary session once a year at the seat of the De ue of Nations, as a rule in the second half of June. 8 Bxperience has shown th t the Commission is invariably obliged to meet more than once a year in order to carry out its ordinary work, and the Council having ap roved this procedure, it would seem • dvisable to draft this paragraph as followsl "The Permanent ' I to* Commission will ssemble in ordinary session at least once a year, at th® seat of the her ue of Nations, as a rule in th© second half of June.” Rule 3, paragraph 1, is at present worded as follows I B At may meeting, five IMMfeers shall constitute * quorum.” The number of st' tutoiy members having been raised from nine to ten, this paragraph should read as follows* B At any meeting, six members shall constitute a quorum.* In aceorcfnee with the amendment to Bule 1, the Commission proposes that the first sentence of Rule 4, which at present reads* n At the beginning of each ordinary session, the Commission shell sleet from among its majors, by secret ballot, a Chairman and & vice-Chcirman, for ther period of one year,” shall be modified as follows: "At the beginning of the first ordinary session of e ch ye r, the Commission shall elect from among its members, by secret ballot, a Chairman and a vice-Chairman, for the period of one year." Paragraph 1 of Bule 5 is worded as follows: "The Commission shall be put in possession, at latest before May 20th, of the annual reports which, in conformity with the provisions of par; graph 9 of Article 22 of the Covenant, it is constituted to receive." As a result of the decisions of the Council dr ted December 9th, 1925, September 4th, 1926, and March 7th, 1927, the Committee proposes that this paragraph shall be drafted as follows: "The Commission shall be put in possession of the annual reports concerning Palestine, Syria, Cemeroons and Togoland under French mand te, Tang- qyika, South-West Africa, New Guinea and Nauru before Mey 20th, and those concerning Irag, Cameroons and TogoVnd under British marl te, teinda*Urundi, Pacific Islands under Japanese mand•te and Western Samoa before September Ist of each year." The first sentence of Rule 8 is at present worded as follows: "At the beginning of the ordinary session, the Commission shall undertake a separate examination and discussion of each of the annual reports submitted by the mandatory Powers." The Comission feels the t it would be desirable to draft this sentence in the following wsyt "During the ordinary sessions, the Commission shell undert ke a separate examine bion an i discussion of et ch of the annual reports submitted ly the maneb tory Powers.” ‘This not merely by the fact that the Commission meets more than once annually in orainiy session, but also because it seams unnecessary to ley down th t the nnual reports must be examined "at the beginning" of the sessions. 1. Le- iWa' &.Ua»M U). 1* Permanent Mandates Commission,Einutes. 12th* Session. 199*200. ANNEX X BIBLIOGRAPHY I pamMTZ stocks 1. Public’tians of Leopio of Nations. (a) Permanent Mandates ComiseiatM Ujnutea, MMplt 1921 First Session, C. 416 M. 2^6> 1921,V1. Jeoond See®ion, A. 56, 1922,V1. Third Session, A. 19, 1925, VI. Fourth Session, A. 15, 1924, VI. Fifth session, C. 61? M. 216, 1924, VI. sixth Session, C. 536 M. 152, 1925, VI. Seventh Jession,C. 648 257, 1925, VI. Eighth iession, C. 1/4 M. 65, 1926, VI. ninth Seaelm, C. 405 M. 144, 1926, VI. Tenth Session, 0 . 652 U. 248, 1926, VI. Floventh Jession, C. J. 122, 1927, VI. Twelfth Session, C. 345 M. 194, 1927, VI. Thirteenth Session, C. 536 U. 124, 1923, VI. (b) Texts of i&ndates: e A f Territories Paloatln.. 0 329- a 51*. 1922 VX. Syria and the Lebanon. C. 528. a. JIJ. 1922. VI. W B W Territories British Caaoroona. C. 449 URo). 945 (c) 1922 VI. - British Togoland. 0. 44p (l)(b). U.545(b) 1922.V1. French Caaoroons. C.W (l)(e), M. 545 (o) 1922.V1. French Togoland. 0.449 (1)(dM.545 (d) 1922.V1. Luanda- Uiundi. 0.449 (l)(f). 14. (f) 1922.V1. Tanganyika. 0.449 (1) A. M. $45 (a). 1922.V1. 11 C 8 Territories Japanese Islands. E* Nauru. 21/51/14 A. New Guinea. 21/91/14 C- Gouth-dost Africa. 21/51/14. D. Western Jamoa. 21/51/14 B* (o) toixl, Geneva, 1920 . 1920, Boe. 6,7, 8. 1921, Noe. 1,5, 6, 7, 10, H, 12. 1922, Nos. 6,7, 3, 11. 1925, Nos. 5, 6, 11. 1924, las, 2,4, 7, 10. 1925, Nos, 2, 10. 1926, Nos, 2,4, 6, 10. 1927, No, 7 1923, Hoq. 7, 10, 12, (4) 1920 . First Assembly, Plena ly Meetings. Second Assembly, Plenary Meetings. Ihlrd Assembly, Plenary Meeting®* (e) treaty 3 rise , Geneva, 1220 Volwaee XXXV, XLV, ALIX (f) Miscellaneoual Boundary between Iraq and Turkey. C. 400. 174. 1923.V11. Constitution of Permanent Mandates Comission. C.P.i1.>06. List of Questions to Quid© in Preparation of Mandatory Reports. A. 14. 1926. VI. A. 16. Questionnaire for Palestine. A. >3. 1922. VI. Questionnaire for Syria and the Lebanon. A.>4. 1922.V1. Report on the Work of the Fourth session of the Comission. A. 15. 1924. VI 2. Annual Reports of the Mandatory Powers. (a) Reports on the B A” Territories: Iraq Report on Iraq Administration, October, 1920 — w~ ——• Report on Ira Administration, April, —• rch, 1925, London, 192?, Colonial No. 4". Report by Uis Britannic Government on the Administration of Iraq, April, 192$ — December, 1924, bojonia 1 No. 1925. Pieport b His Majesty 1 a Government to the domicil of the League of Nations on the Administratian of Iraq for the Tear 1925, ColoniaV lio. 21, London, 1926. deport by dis Britannic da jesty *s Government to the Council of the League of N tions on the Administration of Iraq for the Year Colonial No. 29» London, 1927. * Report by Uis Britannic Majesty 1 a : government to the Council of the League of Nat Lona on tho Administration of Iraq for"thc Ye r 1927» Colonial Ho. $5, London, 1928. Paloatin© An Interli Report on the Civil Administration of Pa lea tine dur in the Period Tat July, 1920 50th Juno, 1921, Cmd. 1499, London, 1921. Gove ma ent of Palestine Report on Pal atine Administration, July, UPO — Dec ember, 1921, London, 1922. Report on Pal co tine Adriinis tre 11 on, Colonial No, 9$ London, • Report by Hia Britannic Govern: oit on the Palestine Adminietration, 192?, Colonial No, London, 1925 .' r ' Report by Hio Brit male Majesty* a Government of the Ad dais tn t ion under Manda te of Paleo tine anti Transjordan for the Year 1924, Geneva, 1925 Report by His Britannic .J~ .Govern* wit to the Council of the of Nations an the ox Paleatlne nd Tran jordan, 1925, Colonial No, 20, London, 1926, Report by dig Britannic Majesty 1 a Govomaant to The Council of the League of Nations on the Aduinlstration of Pa leetinc and Trona jordan, 1926, Colonial No, 26, London, 1927, Report by His Britannic Majesty 1 a aoy- mint to the Council of the League of Nations on the Administration of Palestine and Transjordan, 1927? London,' 1923'J ' Syria Ropublique Franoaia, Minister© dee Affaires *trangeeras; Rapport sur la Situation de la Syria et du Lib n -— Rapport our La Situation de Sy ri© et du biban (AnnSe G«Sw7 Rapport la Soojeete des Nations sur la Situation de la Syria et du Libon (Amfc 1925)7 Paris, Rapport la- Societc des Nations sur la Situation de la Syrie ot du blban (Awxae 19So)• raris> 192/ IMmrt | la Socioto do nations sur la Situation do la Syrie ot du Üban (A»3@ ISWJ» Paris, ipS (b) Reports on tho Territories. British Damaroons West Africa Reports on the British Sphere of the Came roans > (Ml. London, 1922 . Report by His Britannic Majesty 1 a Nov eminent on thp British 3ph ere of the Carse roono, 1929» Colonial No. 6 7 London, 1924. sWort of His Britannic Majesty* o Government on t ration under Handa te oT the BritisE OtatrpCM for the" Year Gene ya, 1925. Import by His 3ritannic Majesty' a Government to the Council of the League of Nations on the «l>—MM W..IHIH I MWW <l. Wl-im BUM MUM.. WMWM Administration of the British for the Year 1925, Colonial No.' 2r*7^London, Report by His Britannic; Maj esty* s Government to .trie Council of the League of Nations on the Administration of the British Caaerecns for the l92^'"Co lonia 1 No. 90, Lend on,” £9^7. Report by Uis Britannic Majesty'a Gov maent to the Council of Hie of Nations on the Administration of ,he British famoroons for the Yoar 192?, Colonial Ifo."®, 1925. British Togoland Report of the British Mandated .ph re of Togo land for 1920- . Landon, I^22♦ Report by His Britannic Majesty *8 Govomicnt on the British ophero of the Mandated Territory of Togo land for the Year X9&9 Colonial Ifo. 5, London, 19®. Report by His Britannic .hjesty* a Government on the Administration under Mandate of British Togolmd for the Year Genev a, 1925. Report by Hl a Britannic Majesty's Government to the Council of the Learie of Nations on the Administration of the Bri t iah"Bphe re of Togoland for the Year 1925, Colonial Ho. 25, Landen, • Report by Hla Britannic Majesty' a Gove indent to the Council cf the of Nations on the Administration of the Brit!shTsph ore of T fßoland for the Year 1926, Colonial Ho. 28, London, 1927 • Report Ry His Britannic Majesty' e Government to the Council of the of Nations on the Administration of the British Sphere of Togo land for Hie Year Iff?.?, London, 1920. french Uuiaeroons Rapport Annuel du Gouvemment franca is our I.llmwutmuw, 1 hM 11WM1 w 11. m. iw 1* Administra ticn sous Mandat des Territoireo du K-MImMMiMI I'l HMMBWMirMMIhi. i* WMMMiM lll l l,l «i|«lWW|i)W>.by >।■ Bn —f- MMTM» vomcroun pour l'Annee 1929, Paris, 1924. Rapport Annuel du Gow/emaac-nt Franca jo sur T*ASSniotration sous Mandat dea Terriiolreo du tamoraua pour , Pariu, 192')."* Rapport Annuol du Gouvernyent r rangaia sur ration soua Territoirea «» WNMnMKM rwtqwi«»»r । Tumi ii — niir.i -~- u> un.rn<iT irm -n»miWwrii':~’-i-.it- du pour I 1 Annee 19^> Faria, Rapport Annual du Gouyomcwent Francis sur pASiniatration aqua Mandat de a Territoiroa du pour 1926,' Faris, Rapport Annuel du Gouyernement our 1 yAi|i£lptration ooub t dog"Ter ritoirea du Camerom pour iTSnee 1927, Paris," French Togoland Rapport au Ministry dos C lonies aur 1* deg Tar ri wire Occupea du Togo' pendant aria, 1922 ♦ Rapport du Gcuvcxnment Franyais our ration sous Mandat des wrritoire <U iTw&T 1922, Paris, 192 p. napport du Gouyemmeat Frangaia aur 1 re tian aqua Mandat da p Terrltoire du Togo pour T n Rapport du Gauyemeaaent Franpaia sur aqua Monday doo Torritoire du Togo patf iWe ria," Import du Gauvernment Francis our VAdmto at ration aqua Mandat des Torritoire du Togo IfATOl f ATO Faria, 1926. Rapport Annual Mdreqaepar 1® Gmyomment .au our 1 * Aciainiotrqtian aqua Mandat du Territoiro du Togo, Pario7"*W7« Annual Mdreaafoar le Fwaftftb au eonoeil do la sur I* Adakil 31 ya tian qouo Mandat du Territoira du Togo,""pour 1227, Paris, Ruinaa-Urunai Oianbre des Kapport aur 1 * - v niniat ya tian du present© aux par M. U Mlalaire des Colonies, Bmsaela, 1925 ’ G'wabre doo Heprescntantss apport, pur 11.Rainistration Beige du Ruanda-drundl Pr&sente 11* Hlnlstre dea Golmleo, Brussels, 192&« au Gansell de 1S 4ga Da time an dujet do 1 Ife -port par le Gouvememcnt BelKo au l-onset 1 is .doo io to deg du Rumda^Urundl pendant pAnni® 19^5/"Geneva,' W. 11 l&pport par le Beige au Congei! is -4PP.loto deg Hat lona au Sujet de" 1 atration du l : pendant Geneva, 1927. on Torritor;, Covert the Period ib£ of the AmiaTioe to IW, to £££ 122£ Qad, 1732, tod on, 1922. by Hia Britarmic Goyemaent on the X&rHtoy oa for the Year 1923, CQlmUi nX 2, •deport by Illa Britannjo daJeaty * p Goyenyacnt on the Awainiat ration wider Mandate of Territory for 'the by Britannic , Gwgynt to the ££ Jlf M lotions on Uon Territory for the Tearfe, Colonial ..Report by His „ aiic iaaty 1 a Qoveniapnt to the Gamcij of jho fogagw of on the AGuiniatration M SMSZife for the ~ No. 23, toOb BW* ' li£R2£i ix Bia itaante to the Gowic.il of .Uk? A/oayue oiHSlxons Xi^niotration M Territory tor ;he Year 1927, Colonial No • 32, London, ’ 1928. (c) Reports cm the *o* Terr it cries. Islands Uader Japan ’ Ayual report on Japan* 9 Te ritoiy, Genova, 1922? * Amid report to the of Rations on the Administration of the 'outh teas Japanese apndate the Year Geneva, 1925. "^ PQ y| At W* of Wtiaaf ai ay the jouth Sea 9 la lonia under Japanese Momate or he Tear 1?25j Geneva, Annual Report to the of on the Ad^lnXotration of the South Sey 'fslande under Japanese Mandate for £hT I^2^>" Gmova»' 1927. Annual Report to the of hat ions on . he of he Sauth Soap lelydo under Japanos : o aanda-y .kor .the lear PbT* B<Sgu> —PB. Nauru ihe Parliament of the Gaxmmalth of Australia: Report on the °A during the Year 1929 a I3fß> 2he parliament of th* OMOHMBIIh of Australia: Report on the AdainiM ration of Nauru during the Year Ombc"^' to Parliament of the Comawealth of Australia: popart an the AdminietmUm of nauru during the Year Geneva* 1925, The Parliament of the Ccmftmalth of Australiai Report on the -Mmlnistratlon o 7 during the Yaar 1925* IMiM of the of Report the A^dniotration of Nauru during the 19^7• Parliament of the Camonwalth of Australia: Report on to AdMniet ration Qi Nauru dur .ng the Year Canberra* 1928» o*lMl Qopiaomealth Of Australia: jogort to the League of Mt long on the ration of of lieu from lot Ju&> 1921 to 50th June, 1222, SuSerra* IRS* Qomonwealth of Australia: Report to the League of Milana on the ApUalniotratian of the- territory of '-Minoa fry: lot July, 122 P to Canberra, Louiamvjoalth a? Auotralia: Renert to the League of ■ a Jte M w f>m|S pf Het? Julnea Trpm July 1 ot7 1925 to Jim ySS, Genova, 1925*' Commonwealth of Australia: eport to the League of hatlgna on the Adainintratim of the territory of hes Quinoa freq, lot July, W fStK Junof» Ci nberra, * Uomamwealth of Australia: -toport to the League of .lation-; on .the Ah tration of the for ri t cry of ife Mney frog* Ist July, 192.9 to 50th CanWra, 1227. CMMMMttllh of Australia: Report to toe Leagu© of nations, on toe trail on of too territory of froti let July, 50to "juic, .Ah- uQgt Africa Union of South Africa: Report of toe WiniatrUion Africa for the Year Mim of South Africa: Report of Administration of Africa for top Year 1921. iJnim of 3art । port g.. g- 1 ;Lilatra of Africa for the Year 1922. " 'mica oath Africa: Report of the of poytejest .Africa for the Year Cape Town, Union of South Africa: Report of ■Jw jAkdniotxutiai of Africa for the 1925, Cape Tom7T92s* Union of South Africa: Report of the administration of Africa for the Year Seneva', 1925* Report of the Government of the alien of South Africa on South-.eat Africa -or the Year 1925, Cape su.port of am Government of the Union, of south Africa on >out> Africa .Cor the Year Cape Tom, 1927, ■.■ wort of tie j^jv ora lent of .the Union of South 4frto on South** Africa, for tjv Year 192/, Cape Torn, Firat Report of the Govenuent of of IS2 m ths ov the Mandated Ler /fory of -efoern .tor foo Period from to fotj to iforoh Viet* 1921> Geneva, 1921. Ggpuid fog M W $£ Gg-n ■Qa.lund 03 foe Afofoiptratlon fo fo e Undated M Jsahm iSu ISE IE ijEto gras aMlal* JLM> mutton, 1922. Bep art of foe of die of Hew oalend oi the JhMlni Pip Mandated farriwry of seston jampa, .tor from Mv to fto 192&« eport of the "Qvp.m . 'ft of foe of foe of for Hi cry of hmm,, for th® Farlfo from to Woh 1924. ii£mri of the of the aainion of IBS Pehland AdaiMat^tion of the Mandated dervitory of deatom gmpa* for the ' period Ircm lal/24 to Barch 51sta Geneva, 19^• ulxtll .Import of foe of the opinion of .opw 4-nd ui the A*.L j foie ire ££ Mandated foyyjtory pl‘ daetern, .7or foe IS ~hp uwk Pl. 3 1926 # i.enfogton* 1926• peyanfo of foe of the fomfoion of aa foe fo foe danda tod .4 rritpry of -fofom for Period, from -LuX IM* 3Etj ellington, 1927* JpsJlih 9- 4/ 'QalnlQn cf Guy • Maland oa op .foe Mandated punitory Of Jegtem 3woa> for foe Period from JtetZ"l/27 to aarch 4 1928 5* Miscellaneous Government Publications. (a) Great* Britain. "Correspondence Regarding the Modification of the Boundary Bet sen British Mandated Territory and Belgian Mandated Territoxy in East Africa,* Qnd. 1974, London, 1925* •Correspondence with the Palestine Arab Delegation and the Zion lot Organization, ” tod. 1922, London, 1922. •in lans in Kenya," Cmd. 1922, London, 1985• "Papers Relating to the Elections for the Palestine Legislative Council," Cmd. 1899> London, 1925• •Proposed Formation of An Arab Agency— Correspondence with the High Comiasionor for Palestine," Qad. 1989, London, 1925* •The Berlin Conference," Cmd. 4561, London, 1885. •Report of Major G. St. J. Orde Browne, 0.8. E., Upon Labour in the Tanganyika Territory," Colonial No. 19, London, 1926. •The Brussels Act," Crad. 655/, Landon, 1892. "The Casement Report,• Qad. 1955» London, 1904. •Hie Convention of jaint-Gennalnen-Loye," Cmd. 477, Landon, 1919* •Treaty of AlHanoe Between Great Britain and Iraq,” Qad. 1757, London, 1925* (b) France* Journal uf lio lei de epublliuo Fr ‘-no Paris, September 7> 1921. (c) United States. Indian. Education and (ed. by Alice C. Fletcher), Executive Document, No. 45, 48th Congress, 2nd Session, cashing ton, 188®• treaties, Conventions, International Apts, Protocols and Agr eom ent a be two cn th e United States of America and other Powers, (Ed. by William M. Mallqy), 2 vols., Senate BOcuaoat, No. 957, 61st Congress, 2nd Session, jiaahington, 1910. Treaties, Conventions, international Acts, Protocols, and Agroem,nts between the united States of /Maerlea and Qthor Powers (Ed. by Garfield Charles), donate Docunent. No. 106$, 69rd Congress, 9rd Jesnion, Washington, 1919* Senate Document 106, 66th Congress, Ist Session, Washington, 1922. II SECimRY SOURCES 1. Books. Arnold, Iharas ailllam, Jie Roman System of Provincial Administration to Constantino the Greet, Oxford, 19M. ' " '•' Baker, Roy Stannard, Wqog o; Wilson and world Settlement (5 vol's.), New York, 1922. Bancroft, Herbert Howo, Works? History of Central aor lea (2 vols.), 3an Francisco, 1882-90. Bamouw, A.J., Holland Under Queen wlLielmina, New York, 1929. Boor, George Louis, African uestions at the Peace Conference, New York, 1929* Bishop, Joseph Bucklin, Theodore Roosevelt and His Time; Bhown in His Own Lottors (2 vola.), Now York, 1920. Boman, Isaiah, Iho New lorM (9rd Edition), New York, 1921. ~ Buell, Raymond Leslie, International Relations, New York, 1925. Buell, Raymond Leslie, Jie Native Problem in Africa (2 volo.), New York, 19^• ~ Carnell© Endowment, The Treatieo of reacc (1919-1925), Me® York, 1924. Uloriceanu, George, Loo Mandats Intexnation-te, Paris, 1921. Coupland, R., jilberforce, A Narrative, Jxford, 1925* Charles Henry, The Audencia in the Spanish go 1 oniog as Illustrated by t>o Audencja of Berkley, 1919- De Card, E. Rouard, Lee Mandata Francis Dur le To/ol nd ot le Cameroon, 'Paris, 1924. De Coulanges, Fustel, The Ancient City, Boston, 1901. Fauchille, Paul, TrxiWde Droit Into ma tion 11 Public (2v01a.)» Paris, 1921-&5. Glbbm, Edward, The Decline and Fall of the Item ;apire (6 vole.), New York, 1910. Gr nt, A.J., and Othera, Introduction to the Study of Intamational Relutiong, New York, Hansard, T.C., iho Parliamentary History of England, Lendcn, 1806—. Harris, John H., Fortufteose slavery, Landon, 191?• Hershey, Amos- S*, The Ess-- ntiala of Internatloml Public Law and Or/?r'nlratlon' ('2nd Ed.), Hew'York, ’1'927. Hers let, Sir Edward, Map of Afi-lea by Treaty (5 vola., srd Bd.), Londm, 1909* Hobson, John A., Toward International Goyornient, New To He, 1915. Hyde, Charles Cheney, International Law Chiefly Ao Interpreted and Applied by the United States (2 vole .X Boston, 1922. Ilbert, Sir Courtenay, The of India, Oxford, 1915. —- — — Jones, Thoms Jesse, Education in Africa (helps- Stokes Report), New York, 1922. Keith, A«B., Who Belgian Longo and the Berlin Afft, New Toxic, 1919. Keller, Albert Galloway, Colonization, Boston, 1908. Kollogg, Paul, and Gleason, Arthur, British Labour ana the New York, 1919* font, Agnes C., iho Conquest of the Great Northwest (2 vol a.), New York, 1903* In rence, T.J., die Principles of International Law (7th Edition, Percy H. Linfield, Ed.), Boston and Hew York, 1929? Lewin, *K,, The Ge naans in Africal iheir Alma QLi -the Ba rk Gent hi ent and how They Acquired their African Colcaioa', iLcncm, 1915* Lewis, George Comowall, An Essay on the Govormont of Dependencle , Oxford, 1591* Lindley, M.F., The Acquisition and Govormont of Backward Territory in International Law, London, Isasr Lipp an, Walter, The 3takes of Diplomacy, New York, 1915. hugayd, Frederick D., The Dual Mandate in British Tropical Africa, London, 1922. Millot, Albert, Les Mandats Inteanatiomux, Paris, 1924. Morel, E.D., The Black Man 1 a Burden, New York, 1920. Moon, Barker ‘lhoiaas, Tape .Lallan and florid Politics, New York, 1926. umtz, Earl E., i-nco ontact, New Yoxk, 1927* Olcott, Life of dilllan UoKlolcy (2 vole.), ■ Boatan, 1916. ” Pliniue Caeciliua Becundus, Letter a (Edited by 3Hlia» UolwUi), London, 1215. Polybius, the Histories (Edited by W.R.Paton , London, 1922. ” Potter, Pitman 8., Introduction to the Study of International Organization (jri Ed.), How York, 1928. Rabbath, E., Devolution Politique de la Byrie Bous Mandat, Paris, 19P§. Ralston, Jackson H., iho law end Procedure of International Tribunala< Palo Alt , ~ Rapparu, william E., International . clutiona Viewed from Geneva, New Hav on,' 19^• Radslob, Robert, Tao or io de la doc io to dos Rations, Paris, 1927. Reinsch, Paul 3., Colonial • dmlnidtravlon, New Yoik, 1905. Reinsch, Paul S., Public International Unions, Boston, 19H* Mayre, Francis Bowen, Experiments in International dnlxUsira tlgn, New York, 1919. ~ .chucking, Walter# and Achberg, Hana, Die des Volkrbundea, Berlin, 1924. Gnuts, Jan C., The Tea,u?.e Practical Juwation, London, 1913* - Rnow, Alpheus Henry, The Ration of "Aborigines in tho Uiw and Practice of Nations, uaohington, 1919* J., La Thoorlo General doo Mandata Intgmationaux, Paris, 1925. toyanovaky, J», ihe Mandate for .ajostine, London, 1928. < Temper ley, H. .V., History of the Peace Conference ox Paris (6 vole.), Londoa# 1920. Von iees, D.F.u,, Les Hndata Intemutimaux, Paris, 1927. frhite, Freda, Mandates, Lmdori, 1928. Woolf, Leonard 3., Ini e tiom 1 Govo ma ent, London, 1925 • 2. F*»Phlets and Periodicals. Batsell, Suiter Resell, f! -he united utates and the ihndato ByBtoa, n International Conciliatian> No. 215, Boston, October, 1925. Bilcaki, ” aa Honda, t deg Wlkorbund©a, f? goitachrift iHr V*dlkcrrecht, Vol. 12, Berlin©, 192?. Buell, Hayman Leslie, "’Baokvood* Peoplea Under the Mandate System,” Current History, Vol. 20, New York, 1924. Burges , John W., "The Decisions in the Insular Cases," Political 3dneo quarterly, Vol. 16, Jew York, September, 1901. DiJdncon, G, Lowes, "Ths ir the ay Out,” Atlantic Jpnthly, Vol. lIS, Lay, 1915, Boston and He® York. Dima, Ginlio, M Les Mandate Into ma lonaux,” A©ad&nie de Droit j^toptional Gayo koguoll des Cours, VoITT/’lgoHa: uc, 1924 . Evans, Luther [I., "Are ’C* M ndatos Veiled Annexations?” SouGiwestem Political end Social Science uarterly, Vol. 7, Austin, March, 1227. Ivans, Luther H., "Sono Legal and Historical Antecedents of the Mandatory System," Proceedings of the Fifth Annual Convention of Gio Bouthv/estern Political and , ocjal Science AssoGiatim, Austin, 1924. Foreign Policy Association, "Colonial vs. Mandate Administration," Service, Vol. 11, No. 2, Ito York, HaMi 22, 1920. Foreign Policy Association, "Vtmoticno of the Peiwnont Mandates Inxoxwtlm Service, Vol. 111, No. 4, April 2?, 1927. ~ Foreign Policy Association, ” Jie United States and the Joint Ge main Treaties,’ mat ion ice, Vol. IV, No. 22, January 4, 1929» " Furukaki, P. 1., ”Jaturo juridique des kindats internetlomux de la Gooicto des nations,” Bibliothequs Univers olio ot evuo de Geneva, Gibbons, Herbert ”fhe Defoe to of the dystem of Mandates,” Anvils of th© /ocrican Academy of Political and Social Science, Vol. 9(), Philaddpiiin, July, 1921. Harris, John H., v ihe Manda to xy Syetem After Five Years,” Hoview, Vol. 127, London, February, 1925. Hishida, Seiji, *Fomosa» Japan’s First Colony,* Political Science Quarterly, Vol. 22, Mew York, Jm , 1907. Loudon Tiao 9 Au ust 11, 1917 5 August 29, 1917) Feh«.xy 25, 1913. Sew York dimejt Javary 6, 1929, iMrch 10, 1929* Pic, Paul, "Le Regime du Ltaiat d’aproe le de Versailles,'' Generalc de Droit International &kUs, 1353. Potter, P. 8., a Crlgin of the Sys ton of IMndateo Under the tetgu of nations,** American political Science Review, Vol. 16, Baltlawe, r, 1922. hedslob, Robert, *Lo Dyst 1© des Jandats Int omationaux, n Bulletin doVtotitut Interned lore Into motional £ lo Haye, 7he Polia, » . ~ *Le SygtwM des Mandats Goloniaux,*R Revuo du Droit International ot Legislation Puris, 1920. Rolin, Henri, *Le System des Mandats Coloniau:;,” Colonies ot Uarine, Paris, Jme, 1921. Root, Elihu, sanction of International UM?,* of American ocioty of Intermtimal Law, Vol. 2. ■.ashingt on, 191'1 ♦ Snow, Alpheus Hemy, n Th< Mandatory Byetm under the Covenant of the League of Nations,” Proceedings of ths cf Policial Coions-, Vol. 3, Mew York, 1920. ctein, Leonard, ” 4ie Mandates Ccmiseim and the Bandatmy Powers** Contewpotary Heviow, Vol. London, April, 1p27~ Storey, r.oorfield, ’’The Philippines, An American Ireland** Fwbm Affaire, Vol. 5, Bee York, July, 1927. samshuis, A.L., Gisaborlain, J.P., and bright, uincy, n Tho Slavery Cowent ion of Gmeva,* International uwilia tian, No. 2^6 9 Boston, Januaxy7 IWST luincy, Recent Cases on the Atotus of Mandated Areas,* Aw ri can Jouenl of International Law, Vol. 20, .ashlngtcn, ',ulney, ’’Sovereignty of the Inundates,* American Journal Q f Vol. 17# eahington, ' ’ •■ ui-ey, of Inhabitants of Mandated Territory/ Origan 0; - Law, Vol. 18> WT ’ Mb ,us;i Mandate $ and Public Opinion, 9 .^outh^ot-rn Political apd Social Science Vol< 9, N o . AGsUn, mrd> f 1929, euincy, ’’The united Jtatca nd the Mandates, n iBE K VBl. 2^ 9 Ann Arbor, May, 1p23.