Palestine, the Jewish Agency Commission
and the Mandate

Joseph Dana Miller

[Reprinted from Land and Freedom, Vol. XXVIII, No. 4, July-August 1928]

WE go back to February of this year when Mr. W. W. Norwalk published in The Jewish Forum his notable article entitled "A Simple Interpretation of Judaism," the appearance of which was briefly noted in May- June issue of LAND AND FREEDOM, in which notice we promised to print in later issue extracts from the article itself.

We confine ourselves in the quotations that follow to that part of Mr. Norwalk's article dealing with the land legislation of Judaism. He tells us:

"To have the earth yield its best continuously, all the fields had to lie fallow every seventh year and wild animals were allowed to pasture thereon. Together with the prohibition against the use of fruit of the young trees the first three years, this was best for the fertilization of the land. Every seventh year a moratorium was to be declared and all debts were wiped out. No one was humiliated by being compelled to go through the procedure of bankruptcy. Every one's credit was reestablished and one could start over again. Therefore after Shemita, the Torah says, "There will be no poor among you. " But if this did not help and one sold out all of his possessions during forty-nine years, then came the fiftieth year, the year of the Jubilee. Let me quote, "And you shall proclaim economic freedom to all the inhabitants, and every one shall return unto his estate." So, having been freed from all debts by Shemita and coming back into his unencumbered estate, everyone would become an economically free man and would be able comfortably to take care of his family and the whole nation will realize the blessing. "And I will instill peace in the land, and you will dwell securely in the land." The Talmud tells us that it was because the Jews did not obey the laws concerning the Jubilee and Shemita that they were driven from the land."

Mr. Norwalk goes on to say that these laws were for an agricultural country where each family possessed land, and that to accomplish the same purpose modern methods must be adopted for Palestine. He reasons as follows:

"Now as the selling price of the land depends on its rent and the rent is taken annually by the government, it would become unprofitable to pay rent on natural resources without using them. Present possessors of valuable resource! who make no use of them, would necessarily surrender them. In this manner would be accomplished what was intended by the Jubilee. Everyone would have free access to all opportunities, whoever had the inclination, ability, and desire and paid the annual rent to the government. The proceeds of this annual rent would be sufficient to cover the legitimate expenditures of all necessary governmental services required by a civilized population, because the better the services and the larger the community, the greater the proportionate increase in the rentable values of the opportunities mentioned. Therefore no tax would be necessary, and the citizens would cease being robbed through burdens (taxes) when they produce, import, or accumulate wealth.

As this rent is solely the creation of the aggregation of civilized population plus the necessitated government service for this very reason the proceeds belong exclusively to the population for the maintenance of its governmental services.

Thus also would the injunction, "Justice, justice shalt thou pursue," be carried out. The user of the land would escape the payment of the purchasing price, or rent, to the supposed owner, and would not pay taxes on the products of his labor and capital. He would then be able to sell his products very cheaply."

Mr. Norwalk shows what would result from the adoption of this plan of simple justice, adequate remuneration to labor, reassurance as to the future peace with nations abroad and tranquility at home, and he concludes:

"Thus the promise of the Torah following the law of Jubilee, "And you will dwell in your land in safety" would be achieved. Thus we have learned that Judaism strives to instruct everyone how to enjoy life in this world. Of course, knowing that this world was created so that everyone might be free and happy, Judaism trusts that the world after death will exceed the present life in happiness."

Mr. Norwalk did not stop with the writing of this article. He interviewed Judge Brandeis, Judge Julius N. Mack, Louis Marshall and Dr. Weitzmann; he kept his typewriter busy with letters to Zionists and non-Zionists prominent here and abroad; he kept Jewish periodicals in Great Britain and this country supplied with material arguments in appreciation of our principles to the new government of Palestine under the British mandate.

In June, 1927, a committee was appointed jointly by the Zionists organization and by non-Zionists to visit Palestine and ascertain what could be done to facilitate the establishment of the homeland for the Jewish people. The committee consisted of Sir Alfred Mond, Lee K. Frankel, Felix M. Warburg, and Oscar Wassermann, they to go to Palestine, employ specialists and report their findings.

In June of this year the committee met in London and submitted their report to Dr. Weitzmann, president of the Zionists organization, and Louis Marshall, representing the non-Zionists, and this was printed in The New Palestine, weekly organ of the Zionists organization, which called the Report "an historic document."

At this juncture Mr. Norwalk addressed a letter to Sir Alfred Mond, resident member of this committee, enclosing the article from which we have quoted and another article entitled "The Best Way to Colonize Palestine," which was a treatment of the question from the economic standpoint. In this letter he states:

"You will notice that the proposition mentioned in the accompanying articles has been placed before the Zionists organization, the English Government and the local Palestinian Government many times and acquiesced in by each and every one of them as being the only means to prevent the periodical cataclysms in Palestine as a result of trying to colonize a people without giving them free access to natural opportunities.

Now that you are assembled at the seat of the English government would it be asking too much of your Honorable Body that you approach said government to work out some scheme akin to the one I propose in accordance with the mandate."

It should be stated that both Louis Marshall and Dr. Weitzmann were present at the deliberations of the Commission and that their suggestions must have had weight with the members. It should be noted too, that this Commission derives its powers from the Mandate which provides in explicit terms that the Jewish Agency for Palestine "shall take steps in consultation with His Majesty's Government to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish National Home."
Under the head of Agriculture (paragraph 5) the Com- missioners urge that:

"No progressive colonization in Palestine is practicable until modification of the present system of taxation is effected. The Commissioners are aware that the government of Palestine has adopted as a temporary expedient a plan for the commutation of the Tithe based on the average of five years yield of the land. This, however, has been applied only in certain villages. Although this new system eliminates some of the major evils of the Tithe, it will not prove Satisfactory, since taxation should be based not on the actual yield but on the unimproved value of the property to be taxed.

It is easy to belittle this as an innocent recommendation which does not go very far. But it starts something in the right way. The next move will be to raise the matter in the House of Commons and with the aid of the Land Values Group in the House to bring the whole question up for discussion with all it connotes.

Later we learn that on July 27 of this year the Executive Committee of the World Zionist organization met in Berlin and after a debate lasting over a week endorsed the Report by a vote of 34 to 4.