MEMORANDUM
UPON
Recent Disturbances
in Ceylon.
EDWARD HUGHES & Co., 12, Well Court, Bow Lane, LONDON, E.G.
ALVMNVS BOOK FYND
BIOLOGY
RAE
6
5, PUMP COURT,
TEMPLE,
LONDON, E.G.
28th August, 1915.
To THE RIGHT HONOURABLE A. BONAR LAW,
H. M. Principal Secretary of State for the Colonies,
COLONIAL OFFICE, S.W.
SIR,
I beg to inform you that some weeks ago
I was instructed to proceed to London from Ceylon
to lay before you for your sympathetic consideration
the grave disabilities to which the Buddhist Sinhalese
people are being subjected as a result of recent
disturbances in Ceylon, more particularly to appeal
for an enquiry into the results of the disturbances ;
for the postponement of pending executions ; the
withdrawal of Martial Law, and the release of certain
Sinhalese of high social position now confined in
prison under lettre de cachet.
For your information I beg to append a few
personal notes.
I beg leave to enclose a complete Memorandum,
containing facts which we feel should be brought to
your notice without delay,
686728
I am instructed to emphasize the intense
loyalty of the Sinhalese to the British Crown, of
which there has been recent evidence, including the
desire to raise a local contingent — a desire only
frustrated by a novel and well-nigh impossible test
of physical endurance.
As some matters in this Memorandum are of
a grave and urgent nature, I beg to ask the favour
of an interview with yourself, in order that I may
lay before you personally the appeal of the loyal
Sinhalese of Ceylon.
I have the honour to be, SIR,
Your most obedient humble servant,
(Signed] EDWARD W. PERERA.
PERSONAL NOTES.
I am a Sinhalese by nationality, and members
of my family have occupied for many years positions
of trust and responsibility under the Crown. I am
a Member of the Bar, being an Advocate of the
Supreme Court of Ceylon, and a Barrister-at-Law
of the Middle Temple, practising my profession in
Ceylon for the last fifteen years.
I had the privilege, in 1909, of being received
by Colonel SEELY, then under- Secretary of State for
the Colonies, on behalf of LORD CREWE, then His
Majesty's Principal Secretary of State for the Colonies.
I am one of the Counsel in the Gampola
Perahera Case, and in the matter of the arrest and
application for release of Mr. W, A. DE SILVA.
MEMORANDUM
UPON
Recent Disturbances in Ceylon.
r. Riots between Sinhalese and Muhammadan Coast
Moormen broke out in Kandy on the night of May 28th last, the
festival of the Birth of Buddha.
The indirect causes of these riots were the following : —
(a) The monopoly enjoyed by the Coast Moors 1 from
the adjoining continent.
The peasantry in the villages and the working classes
in towns get their food stuffs, rice, etc.2 and all the articles
required by them for their daily wants, including small
loans at high interest, from the Coast Moormen, who
have small bazaars and shops all over Ceylon. Owing to
their tendency to raise the price of food stuffs whenever
they got a chance or a suitable excuse, a feeling of dislike
gradually began to grow up against them. This feeling
was confined only to the Sinhalese villagers and working
classes, and was unconsciously stimulated by the formation
1. The Coast Moors are natives and residents of South India and are
Muhammadans by religion, who come to Ceylon for the purpose of
trade. A portion of the petty trade in foodstuffs of the Colony
has been in their hands for some years. The Coast Moors are to be
distinguished from the Ceylon Moors, the latter being mostly the
descendants of Arab traders who settled in the Island about five or six
centuries ago. They have nothing in common with the Coast Moors,
except a common religion, form part of the permanent population, and
there has always been mutual understanding and religious toleration
between them and the Sinhalese Buddhists. Originally they were the
only petty traders in the villages, but they were ousted by the Coast
Moors. There are 232,927 Ceylon Moors and 33.527 Coast Moors in
Ceylon. (Census 1911).
2. Curry stuffs and rice, the staple ood of the Sinhalese peasant, is now
imported wholesale from South India by Indian money lenders, called Natu
Kotta Chetties, who sell to the Coast Moormen. The country rice grown
in Ceylon is not sufficient for local consumption.
by Government of Co-operative Credit Societies throughout
the country districts to rescue the villagers from the grip
of the usurer. The agriculturist often mortgages his land
or his implements to raise money from the Coast Moor
Trader to buy seed paddy. l
Efforts were also made by leading men2 to lay before
the permanent population the desirability of effectively
competing \vith the Coast Moors so as to reduce the high
prices charged by growing locally what is imported, and
thus ultimately securing the trade. In the large towns,
such as Colombo, there are some Coast Moormen who have
become wealthy. Some are tindals or ships' chandlers, and
are employers of labour. These labourers are Coast Moor
coolies, strong, hardy men, engaged in loading and unload-
ing cargo at the wharves and harbour.
(b) In this state of feeling a dispute arose between
the Coast Moors and the Buddhist Temple authorities of
Wallahagoda Dewala, in Gampola, an ancient capital of
the Island, a few miles from Kandy. The Coast Moormen
objected to the annual Buddhist Perahera Procession pro-
ceeding past their Mosque with elephants, banners, tom-
toms, music, etc. The Buddhist authorities offered to con-
form to any requirements of the Coast Moor Mosque Trus-
tees with regard to the day and hour of the procession, so
as not to disturb their worship, but the former claimed the
right to conduct the procession without ceasing the music
past the Mosque, which was along the Buddhists' " Sacred
Way." This they claimed as an essential rite of the Esala
Perahera Procession and as a privilege they had exercised
from time immemorial, safeguarded by the terms of the
Kandy an Convention of 1815. The Coast Moormen de-
clined to allow the Perahera Procession to proceed with
music past the Mosque at any time or on any day of the
week. The Trustees of other and older Mosques along the
same route belonging to Ceylon Moors never objected.
The Government Agent of the Central Province, who was
1. The Coast Moor Trader usually arrives from India without any capital,
and borrows from the Chetty money-lender in Colombo and starts
business in a village or town.
2. The Hon. Mr. K. BALSINOHAM, Second Tamil Member in the Ceylon
Legislative Council, was one of the leaders of this movement.
appealed to, interdicted the annual Esala Procession from
passing the Coast Moor Mosque with music. Upon this
the procession was not held. About 1913, the Temple
authorities instituted an action in the District Court of
Kandy against the Crown for a declaration of this right.
Judgment was given for the Temple, but on appeal the
Supreme Court dismissed the action, one of the grounds
being that local legislation had modified religious privi-
leges guaranteed to the Kandyan Sinhalese by the British
under the Kandyan Convention at the cession of the king-
dom in 1815. An appeal to the Privy Council has been
filed against the decision of Messrs. Shaw and Sampayo,
Justices, and it is now pending. The Judgment apparently
encouraged the Coast Moors to prevent Buddhist Perahera
Processions from passing their Mosque at Kandy.
2. The origin of the riots was as follows : —
On the night of May 28th (Buddha's birthday)1 a Buddhist
Procession, accompanied by music, with a police permit autho-
rising them to, was proceeding along Castle Hill Street, in
Kandy, when it was opposed by Coast Moormen. They objected
to the Perahera Procession passing their Mosque.2 Upon this,
Mr. F. T. Coore, a Sinhalese Inspector of Police, directed the
procession to turn back. The order was obeyed, though the
Buddhists had the police licence, and Buddhist Perahera pro-
cessions since Kandy was founded had freely traversed its
streets.3 The hooting and derision of the Coast Moors, when
the members of the procession retired, ptovoked the Buddhists
to return, and a fight ensued about midnight. The crowd entered
the Mosque and did some damage. Some Moors and Sinhalese
were injured, as well as the Inspector of Police, Mr. Coore.4
Several were arrested, including Sinhalese and Coast Moormen.
1. Wesak day (May full moon) the festival of Buddha's birth was declared a
Public Holiday about 1884, when Lord Derby, then Secretary of State for
the Colonies, confirmed to the Buddhist Sinhalese the guarantees of religious
protection and neutrality contained in the Kandyan Convention of 1815, and
other Proclamations. This declaration followed the Buddhist-Catholic riots
of 1883.
2. The Judgment of the Supreme Court in the Gampola Perahera Case has
encouraged the Coast Moors to attempt to silence the music of Peraheras
before their Mosque, even in Kandy.
3. Kandy was founded circ. 1542, and contains the Dalada Maligawa, the
"Temple of the Sacred Tooth" of Buddha. It is worshipped by Buddhists
from all parts of the world as their holiest relic. Numbers flock to Kandy
on Wesak day, and the feast is celebrated throughout the Island.
4. Ceylonese Newspapers. 3oth June
8
3- Saturday, May 29th.
On the following day, the disturbance of the previous night
led to bitterness of feeling.1 The Buddhists of Kandy particu-
larly resented the interruption of their Perahera by the Coast
Moormen. They smashed up some of the Moorish bazaars.
The Coast Moors shot dead a Sinhalese boy in Colombo Street,
Kandy. The murderer was not arrested. This was the first
blood shed in the riots. The murder deeply stirred the Buddhist
crowd. There was vigorous rioting, but no personal violence
was done to anyone, and though the shops in the bazaars were
damaged, there was no looting. Sinhalese bazaars were also
attacked by Moors.2 Moorish buildings in Katugastota and
Mahaiyawa, suburbs of Kandy, were damaged. The Kandy
police took no steps to put down the rioting. Additional police
were brought from Colombo.
4. Sunday, May 30th, Kandy.
All Moor bazaars were closed in Kandy. Additional police
and the military (Indian Punjabi soldiers) were brought up from
Colombo.3 Leading Sinhalese, Tamil, and Muhammadan
residents* attempted a reconciliation. They waited in deputa-
tion on Mr. Vaughan, Government Agent of the Central Province,
and asked for his assistance. After discussion, they were taken
to Mr. H. L. Dowbiggin, Inspector-General of Police, Mr.
Vaughan, the Government Agent, being present. The interview
lasted a considerable time. While the proposals of the Inspector-
General of Police were being discussed, the crowd outside in the
streets began rioting. The purpose of the leading men was, if
possible, to calm and disperse the crowd, with the co-operation
of the officials, before it was too late. According to the Press,
the crowd was moved by the outrage on a Sinhalese woman in
Mahaiyawa.5 They began to destroy the bazaars of Coast
i. Numbers of Buddhist pilgrims come from all parts of the Island to worship
at the Temple of the Tooth, the Dalada Maligawa, at Kandy on Wesak Day,
which is celebrated throughout the Island by the Sinhalese Buddhists.
Special trains are run ; the principal streets are decorated, and Buddhist
Peraheras, attended by crowds, go to the Temples.
•2. Ceylonese Newpapers.
3. The troops now stationed in Colombo are Indian Punjabi soldiers, some of
whom are Muhammadans. The Punjabis have nothing in common with the
Sinhalese.
4. They included Messrs. William Dunuville, Authur Perera (Advocate and a
Christian), Savarimuttu (Member of the Municipal Council of Kandy, Tamil).
5. Ceylonese Newspapers.
Moormen. A few people were killed, and several injured. The
police and the regulars (Punjabis) were called out. Many arrests
were made and the rioters dispersed. There was a lull in Kandy
itself, but the disturbance spread to the suburbs and neighbour-
ing villages by some of the rioters running there. The regulars
were sent after them in motor-cars to places such as Katugas-
tota, Kadugannawa, Getambe, Wattegama, Kahatapitiya
(Gampola), Teldeniya, Talatuoya, Galagedera, Matale, Pera-
deniya, etc., where they severely dealt with the villagers. In
Kandy, Mr. Dassanayake, a clerk in the Government Kachcheri,
who was walking along the road in the evening, was stabbed
by a Moorman, Omerdeen, who was himself killed by the
Sinhalese. At this stage, leading Buddhists began to be
arrested who had had nothing to do with the riots — perhaps
because they were Buddhists. Among them was Mr. F. B.
Walgampahe, Basnayaka Nilame, the Lay Chief of the Ancient
Temple of Gadaladeniya (Gampola), circ. 1371. He was taken
into custody by Punjabi soldiers. On reaching Kandy he was
found to be dead. Gampola is only a few miles from Kandy.
5. Sunday, May 30th.
The rioters came to Gampola, where the lawlessness was
taken up. Coast Moor bazaars were broken up. While the
police and the military followed, rioting spread to the villages all
along the Kandy-Colombo line down to about Mirigama (a
village in the Western Province, about thirty miles from
Colombo), where Coast Moor bazaars were broken into and
their property destroyed.
6. Monday, May 31st.
Things were quiet in Kandy on Monday. In Colombo a
dispute arose at a bazaar where refreshments are served between
some Sinhalese workmen of the Government railway yard at
Maradana and a Coast Moorman who owned it. The Coast
Moorman was assaulted. Complaint was made to the police (the
police headquarters are quite close to the Government railway
yard), and an attempt to identify and arrest the assailants led to
a serious disturbance in the railway yard. When the men left
off work they went round to the other workshops in Colombo
(including the Government factory), speaking to the men. It
IO
was closing time, about 5 o'clock. Coast Moor bazaars were
attacked that evening in the neighbourhood of Maradana and
particularly in Borella. This was the origin of the outbreak in
Colombo. There was no premeditation, and no organization.
Some of the rioters were arrested by the Police Superintendent,
Mr. Daniell, but they were released later on. This had a bad
effect.
7. Tuesday, June 1st.
On June ist general looting of Coast Moor bazaars com-
menced in Colombo. Shops belonging to the Ceylon Moors
were not touched. The smashing up of these bazaars was
carried on in broad daylight in the streets of the city. This was
done under the eyes of the police. Police constables stood by,
making no attempt to stop the rioters or arrest them. Street
boys and women carried away the loot from the bazaars, that
were broken open by the men, who did not themselves carry
away the articles. In many streets of the city it was the same.
Police officers and constables looked on while the Coast Moor-
men were being despoiled of their goods. Even at Hultsdorp,
where the Courts were sitting, the bazaars were being looted,
and no notice of it was taken by the authorities. Hence an idea
gained ground that the Government did not wish to interfere.
8. The disturbance developed into fierce and widespread
rioting in the course of the day. Meantime the habitual
criminals and the rowdies, swelled by a number of the unem-
ployed, consequent on the depression due to the war, took
advantage of the situation. They joined the riot and fanned it
for loot and pillage. Most of the excesses were committed by
them. In a great measure the bazaar rumours that arose are
attributable to them, as it was their object that lawlessness
should continue.
9. The rioters carried no lethal weapons nor firearms.
Crowbars for breaking open the bazaars that had been closed,
sticks, brick-bats, and stones were used. There were fierce
fights between the Sinhalese rioters and the Moors in different
parts of Colombo, in which people were injured. In Wolfendhal,,
Kuruwe Street, Old Moor Street, New Moor Street, Hill Street,
Ferry Street, parts of the city principally tenanted by the Moors,
II
they fiercely attacked the Sinhalese, looting their bazaars, and
molesting Sinhalese passers-by, including respectable and well-
to-do citizens. There were a few deaths of both parties and
several injured.
10. Late on June ist the military (Punjabi soldiers), the
European and Ceylonese sections of the Town Guard, and the
Ceylon Volunteers were called out in Colombo. The Fort and
the Pettah were occupied by the military. Some Sinhalese
were shot down dead and several were injured.
11. It was felt at the end of the day by the Sinhalese that,
having had no protection from the Government, the Coast Moor-
men would make reprisals on them. The leading Coast Moors
employed gangs of men of their own race at the harbour and
other places, and they collected in their own quarters of the
town. Some Moorish shops retailed gunpowder, shot, and
dynamite, etc., firearms were also available to the Coast Moors.
The facilities for use of these firearms confirmed the rumours
that were spread that the Moors were preparing an armed
attack. The Sinhalese firmly believed they were in imminent
danger, and the panic rapidly spread.
Extracts from
"The Ceylon Mvrning Leader" Jitne yd, 1915.
Early yesterday morning the residents of Maradana, Borella,
Cotta Road, and Welikada, were greatly excited over a report,
subsequently found to be unfounded, that a large party af Moors,
on mischief bent, were on their way to this quarter of the town.
The thoughtless and excitable section of the Sinhalese population
— mostly people of the boutique-keeper class, with a fair sprinkling
of loafers and habitual street loiterers— started making hurried
arrangements to meet the attack, the men arming themselves with
knives and crowbars, while the women and children went about
seeking shelter wherever they could. There was a general panic.
Simultaneously a large party of Sinhalese looters made an attack
on the house of a Mr. Abubaker, a leading Moor resident in Cotta
Road. The residents, anticipating trouble, had closed up and gone
away, leaving the premises in charge of a watcher who, alone
and unarmed, could do nothing against a large crowd. The
looters worked general havoc in the house, throwing out the furni-
ture, damaging the fixtures, and breaking everything within reach.
A police party then came along, and the mob broke out into the
street, but would not disperse. The order was then given to fire,
the police using buck shot. Two men in the crowd were shot
and were removed to the hospital in a dying state, while a shot
fired at this moment hit Mr. R. A. Mirando, who had come to his
gate to see what was taking place. Mr. Mirando has been staying
with his family at Maxwell House, Cotta Road, for some months.
12
One of the quietest and most peaceable of men, his death, under
such unfortunate circumstances, caused great regret in the neigh-
bourhood, where he was much liked and greatly esteemed. But it
will be deplored by a much wider circle outside, for he was a man
of many activities. The untortunate man was promptly removed
to hospital, but expired on the way.
Extract from
" The Ceylon Morning Leader," June -zn'd, 1915.
Kandy, June ist, 11-40 p.m.
This afternoon, about 2 o'clock, Kandy was in a state of excite-
ment, consequent on the false rumour spread throughout the town
that the Maligawa was being attacked by a gang of Moors. Imme-
diately all the houses and boutiques in the town were closed. As is
frequent these days, this rumour, too, appeared to be false, and
there stands the Maligawa untouched and unharmed.
Mob at Ampitiya.
A little later Mr. W. Stace, Magistrate, who was on the Bench
hearing cases, was informed by a lawyer that Ampitiya was being
mobbed by Moors. He hurried to near the Queen's Hotel, where
he found the military and the police stationed, and they were sent
in batches with Superintendent Thornhill to Ampitiya with some
men under arrest, there having been a small disturbance there.
Extract from
"•The Ceylonese," Thursday, June $rd, 1915.
New Moor Street and Old Moor Street were, right through the
day, the scene of trouble. As no one was allowed by the police
to go towards that side, we are unable to give authentic information.
Rumour has it that a number of Sinhalese women were brutally
treated.
Wofendahl was another place that saw a lot of bloodshed yes-
terday. Kuruwe Street and Wolfendhal Road were considered the
strongholds of the Moors, and these men gathered there and showed
little mercy to any Sinhalese men that came within their clutches.
Extract from
" The Ceylonesej" Friday, June ^th, 1915.
Early on Wednesday morning an alarm was raised that the
Moors in a body were coming to Mutwal via Kotahena, where they
were damaging St. Lucia's Cathedral, and immediately the whole
place was astir, and men, young and old, soon gathered in large
numbers, armed with various weapons, at different junctions.
This excitement lasted for about a couple of hours, and when
the people were tired of waiting for the Moors, and realised that
it was a false alarm, they quietly dispersed.
12. Thursday, June 2nd.
On June 2nd the military and the police were in occupation
of Colombo. They guarded all approaches to the town.
Extracts from
" The Ceylonese]' Friday } June \th, 1915.
There are nearly two thousand troops of all sections mobilised
to meet the present situation — and more are needed. The rioting
in the put-stations has been so serious that batches of C.P.R.C.,
Punjabis and C.L.I., are being dispatched to the different places
where the trouble is worse.
Of the casualties we must speak with caution, since official
figures are not yet available. As it is, we can only give the most
reasonably correct number from the statements made to the press-
men by those engaged in the work of quelling the riots. Yesterday
we stated that the number of deaths was between fifty and sixty,
and the number of those wounded between three and four hundred.
The figures have, of course, increased. The wild attempts of the
villagers to get through the troops who were stationed at different
points on the outskirts of Colombo to stop the crowds coming in,
forced the troops to fire on the mobs, and Maxims were also used.
As far as we have been able to find out, the number of deaths so
far is about a hundred. This includes eighteen wounded men who
died at the General Hospital after admission. The wounded
number several hundreds, and even the floors of the hospital are
littered with the wounded men. There are nearly five hundred
just now at the General Hospital, and only extremely serious cases
are now admitted. The other wounded men are being treated by
the batches of C.V.M.C. men who are stationed at the more im-
portant corners.
Out of the town itself, the place where most trouble, occurred
was near the two bridges leading to the town, viz., Victoria Bridge
and Wellawatte Bridge. At the two latter places the military are
very strongly posted, and a couple of Maxim guns, too, have been
mounted at each of these places. The situation at Victoria Bridge
developed very serious, it is reported, yesterday. A strong force
of Sinhalese, numbering about 700, attempted to cross the bridge
and come to town to join the rioters here. The military threatened
to shoot, and for some time the crowd kept back, but gradually
they became bolder and pushed forward. The military had no
other alternative but to shoot. Many were wounded. The mob
then dispersed, but collected again. Some tried to swim across
and were shot in the water.
It is now reported that they are determined to cross the bridge,
and for this purpose they are building boats. Up to late yesterday
nothing very serious occurred ; after the men were shot in the water
nothing has happened. Other places where Maxim guns have been
mounted are at Kuruwe Street, the junction opposite the Towrn Hall
(commanding a greater part of Sea Street and Wolfendahl), Mes-
senger Street, etc. All these guns are in charge of European units.
The Moors are very strong in Old Moor Street, the New Moor
Street, Wolfendahl," Sea Street, Peer Saibo's Lane. The Sinhalese
this side are on the qui vive. Several Sinhalese families have left
Hultsdorf and are making their way towards the interior, where
the Sinhalese are more numerous.
At Maradana, near the Junction Bridge, a number of European
Town Guards were posted on duty with fixed bayonets. Their duty
specially was to search all suspicious characters before allowing
them to proceed further. Anyone found having in his possession
any sort of missile was marched off.
H
Extracts from
" The Ceylon Morning Leader," Thursday, Jnne yrd,, 1915.
The military were very active yesterday, and all troops were
freely commandeering motor-cars and vehicles whenever required.
Several hundreds of these were in use by them yesterday, besides
all the motor lorries available. At about 6 p.m. there were about
50 motor-cars assembled at the barracks for taking reliefs.
About i p.m. yesterday two Sinhalese young men, who had
been warned not to loiter about the vicinity of the Crystal Palace
and were defiant, were shot down. One was hit in the stomach and
the other in the chest. They were removed to the Fort Police in a
serious condition.
Extracts from
" The Ceylon Morning Leader]' Saturday, June $tkj 1915.
Yesterday, June 4th, a big military scheme was carried out on
the instructions of the military and police authorities.
All the members of the Town Guard, Volunteers and Regulars
with the police, were collected at the Racquet Court about i p.m.
The streets leading to Kotahena and Mutwal were closed to
traffic by C.M.R. Guards at the head of the Main Street, and at
2 p.m. the troops, in detachments of about 100 each, marched into
Pettah Square from the cross streets in Norris Road and Front
Street.
Every house was entered and iron implements sought out and
collected in carts. Houses that were closed were forcibly opened
and searched by the troops and police.
This search lasted for several hours and about ten cart-loads
of knives, bars, hatchets, old swords, hammers, clubs, rice pounders
and other lethal or dangerous weapons were removed.
There was a cordon of troops drawn across from Kotahena to
Urugodawatte along Armour Street to prevent any disturbance by
rowdies.
13. Wednesday, June 2nd.
On the morning of June 2nd (Wednesday) the reports of an
armed invasion by Coast Moors flew along- the suburbs and the
more inland villages. Seeing the attitude of the authorities, the
idea gained currency that the Government favoured, if it had
not actually directed, the looting of the bazaars of Muhamma-
dans, who were a class of people at war with His Majesty.
On the same day the habitual criminals and other desperate
characters openly came out and directed the noting and pil-
laging in the suburbs. They carried sticks and crowbars, but
no weapons, and showers of stones and brickbats were thrown.
14. Wednesday, June 2nd (Colombo).
Clerks, professional and other educated classes attending
the city from the suburbs were unable to proceed or had to go
back owing to the mobs. Rioters were fired on by the police,
and wherever this was done they broke up and dispersed. They
carried no arms.
15. Wednesday, June 2nd.
In the suburbs and the inland villages on June 2nd a report
quickly spread that from place to place " the Coast Moors are
coming, slaying, and destroying Temples." This was readily
believed in by the villagers and others more educated, including
Government servants, as those who were seeking to enter
Colombo were prevented by the police and military authorities
from entering, and no first-hand information was then available
as to what was happening in the town.
1 6. Wednesday, June 2nd.
A few instances will show how the report gained currency.
It operated to create a panic throughout the country districts.
On the morning of June 2nd news spread to the district of
Kotte (a township in the suburbs, about six miles from
Colombo) that an armed gang of Coast Moormen were coming,
murdering and ill-treating the women on the way, and pillaging
their bazaars and breaking Buddhist Temples. On the previous
day the bazaars of Coast Moormen were looted in the neighbour-
hood, and a valuable tannery belonging to them destroyed.
People running away panic-stricken from the direction of
Colombo, and the cries of abject fear in the village roads, contri-
buted to the belief that danger was imminent. Women and
children fled to the jungles and hid themselves, where some died
of exposure and starvation. The men, old as well as young,
turned out with any weapon that came readily to hand, sticks,
cudgels, hatchets, old firearms, and swords, to defend their
families and houses. They took their stand on the bridge at
Kotte, but were persuaded not to proceed further until the Coast
Moors came up. After waiting for hours they eventually dis-
persed to their villages, when they found that there was no
immediate danger. Among the people collected by this alarm
were Messrs. Peter Rodrigo, Mudaliyar of the Surveyor-General's
Department; M. Silva, licensed surveyor and leveller; John
Rodrigo, Registrar and Village Headman (Vidane Arachchi) ;
Reginald Wijekoon, headmaster of the C.M.S. Christian Institu-
i6
tion at Kotte. All these gentlemen were subsequently arrested,
kept in jail for a considerable time, without bail being allowed,
and after protracted inquiry were acquitted on a charge of
rioting and unlawful assembly by Mr. A. C. Allnutt, Special
Commissioner. This was mainly on the testimony of Miss
Lloyd, an English lady missionary of the Kotte C.M.S. Institu-
tion, who deposed to the fact that there was genuine panic
among the villagers. The muster was due to this cause, and
was not an unlawful assembly for rioting.
17. Wednesday, June 2nd.
The Sinhalese fishermen of Mutwal, a body of Roman
Catholics, on a similar report that the Coast Moors were coming
to destroy their Church, took up anything that came to hand,
and prepared to defend themselves.
Extract from
"The Ceylonese" Thursday, June ^rd} 1915.
Late last evening, June 2nd, Messrs. Byrde and Allnut, accom-
panied by Messrs. E. G. Jayawardene and F. R. Senanayake, along
with a section of the military, motored to the Kolonnawa-Demette-
goda Junction, where a large mob had assembled with the intention
of making another dash on the Moorish buildings of that area.
On the advice of Messrs. Senanayake and Jayawardene, and
after a few words from the Chairman, the crowd dispersed, but the
military section was put on duty at the junction for the night.
Hence it is clear that the sudden gathering of large bodies was
due to no organization, but entirely to a sense of fear and panic.
1 8. The rowdy and the criminal elements in the crowds
that collected together committed excesses and sometimes
directed the energies of expectant and incensed mobs to looting
the Moorish bazaars and ill-treating some of their owners. It
was reported that Buddhist Temples had been desecrated and
Sinhalese men and women murdered and mutilated by Coast
Moors in Colombo, and it was affirmed that the Government
had given the villagers authority to punish the Muhammadans,
as they were in arms against the King in Turkey. The attitude
of the authorities in not checking the looting originally tended
to foster and encourage this idea in the minds of a simple
peasantry, traditionally loyal to the British Crown. One or two
Sinhalese who tried to save Moorish bazaars from being looted
were murdered.
ig. It will thus be seen these riots were confined to the
working and labouring- classes of the Sinhalese, and sprang- up
suddenly in different parts of the country, without any previous
organization. As the Governor reported to the Colonial Office
(Reuter, June 7th), the outbreak was anti-Moslem, and was not
directed against the Government nor against the Europeans.
So far is this true that up to date not a single Government
official has been attacked nor the military injured.
Extract from
"The Ceylon Morning Leader ," June gth, IQIS.
Reuter, by Submarine Telegraph (Copyright).
Received June 8th.
COLONIAL OFFICE STATEMENT.
London, June 7th, 10.30 p.m.
The Colonial Office reports that there has been anti-Moslem
rioting in various parts of Ceylon by the Buddhists. Moslem shops
in Kandy have been looted. Martial law has been proclaimed in
several districts. The Governor reports that the disorder is due to
a sudden outbreak of racial and commercial animosity, and is
not directed against the European population or the Government.
Much Moslem merchandise has been destroyed and numerous
murders have been committed. Several rioters have been shot. The
latest news is that the situation is improving.
European Town Guards in the execution of their duty were
favourably received by the villagers. The riots were " racial,"
as indicated in the statement by the Government, but only in
a limited sense. They were partially religious, a fact which was
unfortunately not realised by the Government. The gentry, the
educated and middle-classes of the Sinhalese people, whatever
their faith, had absolutely no connection nor sympathy with
the rioters. Many instances were to be found among the Sin-
halese gentry (as among humbler folk) of those who risked their
own lives to shield Muhammadans and their wives and families
during the fiercest hours of the outbreak.
20. By assertion of authority, though belated, order had
been virtually restored by about June 5th. The rioters dispersed
at Colombo on June 2nd, and the country districts were quiet
by the 5th. Martial law was suddenly proclaimed in the Western
Province on June 2nd, and in Sabaragamuwa, Central, Southern,
and North- Western Provinces on June 3rd ; in the Province of
18
Uva and North-Central, where there had been no disturbance,
on June iyth as a " precautionary measure." It is submitted
that the Proclamations of Martial Law were not justified and
were illegal.
Proclamation by the Governor.
" In the name of His Majesty, George the Fifth, of the
United Kingdom of Great Britain and Ireland and of the
British Dominions beyond the Seas, King, Defender of the
Faith.
Proclamation.
" By His Excellency Sir Robert Chalmers, Knight
Commander of the Most Honourable Order of the Bath,
Governor and Commander-in-Chief in and over the Island
of Ceylon, with the Dependencies thereof.
Robert Chalmers.
" Know Ye that We, the said Governor, do hereby pro-
claim that the Western Province of the Island of Ceylon is
subject to martial law from the date hereof. And We do
hereby declare that the maintenance of order and the defence
of life and property in the said province are committed to
the Officer Commanding the Troops in Ceylon, Brigadier-
General H. H. L. Malcolm, C.B., D.S.O., and that he is-
hereby authorised to take all steps of whatever nature that
he may deem necessary for the purpose aforesaid. Given
at Kandy in the said Island of Ceylon, this second day of
June in the year of our Lord One thousand Nine hundred
and Fifteen.
" By His Excellency's command,
11 R. E. STUBBS,
" Colonial Secretary.
"God Save the King."
The Proclamation was published in the " Ceylon Govern-
ment Gazette " and in the English newspapers, but no adequate
measures were taken for the grave import of the publication to
reach the masses. The traditional mode of publication by beat
of tom-tom was not followed in the villages.
Extract from
11 The Ceylonesej* Friday, June A,th, 1915.
Martial Law.
We should like to point out to the Authorities that the Pro-
clamation of Martial Law is not sufficiently advertised. The masses
were ignorant of the new order of things on Wednesday last, and
even many belonging to the educated class. We would suggest an
issue of handbills in the vernacular stating both the terms of the
Proclamation and the full importance of the term "Martial Law."
It may be that when the masses realise what they should expect if
they persist in acts of lawlessness, they will desist. Beat of tom-
tom is the local method of giving notice to the man in the street.
It is essential that the present notification should reach even the
villager, and that as quickly as possible. The Press is doing what
it can, but wider publicity is called for.
21. Police Notification.
" Notice is hereby given that all shops and places of
business are to be closed to-day at 3 p.m., and no person
is to be on the streets between 6 p.m. and 6 a.m. Between
the said hours no motor or vehicle will be permitted on the
roads unless upon a special permit or for an authorised
purpose."
People were forbidden in the streets after 6 p.m., Town
Guards and Artillery and Punjabi soldiers, who were ignorant of
the language of the people and their ways, and some of whom
were Muhammadans, were quartered in different parts of
Colombo and in the countryside. Numbers of innocent passers-
by, who did not know how to answer a challenge, were shot
down dead or bayonetted in the streets of Colombo and through-
out the villages. Information has been received that even
villagers sleeping in the verandah of their huts have been shot
dead without a warning, on the pretext that Martial Law
required people to sleep within doors. The village huts are small,
and the males usually sleep on the little covered-in space called
the verandah abutting his room door.
"Important Notice/'
" All persons are hereby warned to keep within doors
between the hours of 6 p.m. and 6 a.m. No person will be
allowed on the streets between these hours without a permit.
" L. A. NORTHCOTE, Captain, D.A.A.G.
" Ceylon Command."
2O
"Martial Law."
Military Passes Essential
For Those Out Between 6 p.m. and 6 a.m.
" The Military Authorities wish the public to clearly
understand that they should not be on the public thorough-
fares between the hours of 6 p.m. and 6 a.m. If, for any
reason, they find it necessary to be out between these hours,
they must obtain a pass, and such passes are only valid
when signed by a Military Officer. As Military Officers are
always on duty at the Echelon Barracks, passes can be
obtained there.
" Under the Proclamation of Martial Law.
Notice.
" No persons, except Officers and soldiers in uniform,
and civilians in possession of a special pass signed by a
Military Officer, are permitted to be in the Public Streets
between the hours of 7 p.m. and 5 a.m.
" All unauthorised traffic will be stopped between these
hours.
" Any person found in the Streets during the prohibited
hours, not in possession of a pass, is liable to a fine or
imprisonment.
" Passes must be produced on demand.
" In order that all thoroughfares within the town of
Colombo may be kept clear for wheeled traffic, foot pas-
sengers are required to keep to the pavement or footpath,
or, where there is no pavement or footpath, to the side of
the road.
" No meetings may be held in the streets.
" No tom-tom or drums may be beaten or crackers let
off in any place in towns, except on special permit from the
Police Authorities.
" Owners of motor-cars should obtain a pass from
Echelon Barracks to enable them to use their cars by day or
night.
" L. A. NORTHCOTE, Captain, D.A.A.G.,
" Ceylon Command,
" Colombo, June 6th, 1915.
II
Cars.
" Every car not in Military use must have a pass, which
can be obtained at the Echelon Barracks.
" By Order,
" O. TONKS, Lieut. O.C. Motor Transport.
Notice.
" All passes issued to Civilians to be allowed in the
public streets during unauthorised hours, signed otherwise
than by the Officer Commanding Troops, are invalid and
should be returned.
" L. A. NORTHCOTE, Captain,
" D.A.A.G., Ceylon Command,
" Colombo,
" June gth, 1915."
The Officer Commanding, Brigadier-General H. H. L. Mal-
colm, instructed his troops not to waste ammunition, but to shoot
through the heart any Sinhalese that may be found on the streets,
and police authorities gave instructions to their armed constables
to shoot down, without a challenge, certain people whose iden-
tity was to be gathered from description, if they were found in
the streets after hours. Hundreds of Sinhalese peasants were
shot down throughout the country, and these orders had not
been withdrawn when the writer left Ceylon (July 4th). They
have been supplemented in certain particulars, such as to shoot
down anyone who dare to laugh at any man in " colours."
In the search for loot, especially in the inland villages, such
as Malwana and Veyangoda, Punjabi soldiers entered the houses
of unarmed villagers and themselves looted their most valuable
belongings, besides, in cases, ill-treating the women.
22. All power is delegated to the military, who govern on
the instructions of the police, and of certain officials of the Civil
Service, who have misjudged the situation and are endowed with
extraordinary pow-ers under colour of Martial Law.
23. The entire Buddhist Sinhalese Press has been sus-
pended since about June 8th, and the editors confined in prison.
22
The English fortnightly " The People " was suspended about
the same time, while the daily newspapers, published in English,
are vigorously censored, and private letters indiscriminately
opened.
"The People" is conducted by Messrs. E. T. de Silva,
barrister-at-law, and Arulanandan, advocate. Among its con-
tributors is the Hon. Mr. K. Balasingham, Tamil Member of
Council.
Thousands have been arrested, sometimes whole villages,
men, women and boys, on charges of looting and being in pos-
session of stolen property, and no bail allowed. They are imme-
diately tried and in certain instances sentenced to lashing, in
addition to sentence of imprisonment, in different parts of the
country.
24. Even in the cases of looting, tried by the ordinary
police courts of Colombo — some of which are now held in police
stations — the procedure is no more than summary. Scarcely
any opportunity is offered for retaining a lawyer or even of know-
ing the charge. Instructions were given by the Police Magistrate
of Colombo to his Court officers not to furnish the accused with
a copy of the evidence, as they are entitled to under the Law of
the Colony.1 So even if the convicted man wishes to appeal
from the order of the Magistrate he is crippled by his ignorance
of the" number and other particulars of the proceedings brought
against him.
25. Mr. J. G. Eraser, Government Agent, Western Pro-
vince, was appointed Commissioner by the Government to
enquire into the riots about June Qth. In addition, Special
Commissioners entrusted with extraordinary punitive powers by
the Officer Commanding have issued Proclamations under colour
of Martial Law, threatening under severe penalties failure to
give information respecting the riots, with the result that in-
formers have sprung up with their attendant evils, both in towns
i. S. 164 Criminal Proc : Code, Ord. 15 of 1898. "When the accused has been
committed for trial he shall, if he desires it at a reasonable time before the
trial, be furnished by the Officer in Charge with a copy of the record or of
any part thereof on payment of six cents for a hundred words."
23
and villages. Police underlings, who now have a free hand, levy
blackmail from the villagers under threat of prosecution. In
certain villages people are fleeing from their cottages for fear of
being unjustly charged and taken up.
Proclamation.
" i. All persons are hereby required to give all assist-
ance and information to the Military and Civil Authorities
in the Municipality of Colombo with regard to the recent
rioting and all matters connected therewith.
" 2. All persons refusing or neglecting to obey any
order given to them by the said Military and Civil Authori-
ties or who may be found carrying firearms will be liable to
be shot.
" 3. Any person harbouring any rioter or suppressing
any evidence with regard to the offenders in the recent riots
or spreading any false report will be treated as an aider and
abettor in the said riots, and will be liable to be shot.
" 4. Any person in possession of any firearms or dan-
gerous weapon is required to surrender the same forthwith
at the nearest Police Station. Any person neglecting to obey
this order will be liable to a penalty. (This order does not
extend to any member of the European Community or any
person entitled to bear arms as a member of a duly enrolled
Corps.)
" 5. Any person found in possession of any explosives,
gunpowder or ammunition, without a licence from the
Proper Authority, will be liable to punishment.
" By Order,
"R. W. BYRDE, Special Commissioner.
" The Municipal Office,
" Colombo, June roth, 1915."
26. Proclamations by the same Special Commissioners
have been issued directing, under pain of being shot, the return
of firearms and all instruments of cutting, under which the vil-
lagers have been deprived of all their implements, including the
hatchets, rice-pounders and knives for domestic and household
use.
27. The Special Commissioners under colour of Martial
Law are levying forced contributions to compensate the Moors
from all well-to-do Sinhalese, although they are respected
members of society, who had in no way been connected with the
rioting. To illustrate the system pursued in the villages, the
Special Commissioner, who is often the Government Agent of
the district, has the damages sustained by the Moors in a par-
ticular division first assessed quite arbitrarily and at the highest
valuation set upon their loss by the Moors themselves. Then
there is a house-to-house visitation by the Headmen or police,
who force out of the villagers whatever sums they can extract.
In case of failure to pay, the people are arrested and threatened
with shooting; on promising to pay they are compelled to sign
a bond, and the title-deeds of their lands are extracted from
them. In the district of Madampe, Mr. Edward Batuwantudawe,
Superintendent of a cocoanut estate, was summoned by the
Special Commissioner, Mr. C. R. Cumberland, Government
Agent of the North- Western Province, and demand made that
he should pay down or sign an undertaking to pay Rs. 5,000 as
compensation to the Moors, on the ground that he was a rich
Sinhalese estate owner of the district. Mr. Batuwantudawe
pleaded that he was only a paid servant, and that it was impos-
sible for him to pay the amount. Mr. Cumberland was seated
in his office in military uniform, with armed Punjabi soldiers
standing by him. He threatened to have Mr. Batuwantudawe
shot down if he declined to pay, and put his hand to his waist
where the revolver is carried. To save his life, Mr. Batuwantu-
dawe was constrained to sign the bond undertaking to pay the
amount, and the villagers, who attended at Mr. Cumberland's
command, were similarly coerced. This is not a solitary instance,
but the general method of exaction followed. Even Mr. J. G.
Fraser (Special Commissioner), Government Agent of the
Western Province and member of the Executive Council, the
writer is instructed, levied contributions from well-to-do Sin-
halese, attended by armed Punjabi soldiers.
28. In the City of Colombo, Mr. R. W. Byrde, Mayor
(Special Commissioner), announced in the Municipal Council
that he was about to make a proposal under Martial Law, which
no member would be at liberty to discuss, but if any member did
25
not wish to be present, he could leave the room. The proposal
was that wealthy Sinhalese of different wards would have to
pay a levy in proportion to their wealth as compensation to
the Moormen.
There was a feeling of strong opposition to a forced levy on
the Sinhalese alone, though it was freely made known to the
authorities that wealthy Sinhalese gentlemen would liberally
contribute if a public subscription were opened by the Mayor.
In these circumstances, Mr. Byrde summoned nearly a hundred
gentlemen of the highest standing, wealth, and position in the
community, all Sinhalese, and while directing them to contribute
liberally to the fund, he stated that it was the policy of the
Government to levy contributions on all Sinhalese " per capita,"
and on their property, to be given to the Moors, exemptions to
be considered hereafter; and he would undertake, when the
special tax was raised on the Sinhalese, that the amount contri-
buted would be deducted from the imposition. The gentlemen
so summoned willingly contributed liberal sums to relieve the
distress of the Moors, though exception was taken to any forced
levy and that it should be confined to the Sinhalese alone.
Among those summoned were : Messrs. James Pieris, barrister-
at-law ; E. J. Samarawickrame, barrister-at-law ; Donald
Obeyesekere, barrister-at-law; F. R. Senanayake, barrister-at-
law and member of the Municipal Council, Colombo; and
L. W. A. De Soysa.
The attention of Mr. A. C. Allnutt, Excise Commissioner
of Ceylon and Special Commissioner, was called to the illegality
of the forced exactions, but he declared to a barrister that it
was quite legal under Martial Law, and instanced the action of
the Germans in Belgium.
29. The instances cited are typical. These contributions
are exacted wholesale from men, women and children in all parts
of the country, under severe penalties. It is submitted that these
forced levies are unjust in their incidence, being the penalisation
of all Sinhalese, however innocent and eminent they might be,
for the delinquencies of the guilty of their race.
26
NOTICE ISSUED BY SPECIAL COMMISSIONERS.
"Coat of Arms."
Notice.
:< Whereas I, the undersigned, have been appointed
under the hand of the Officer Commanding the Troops,
Special Commissioner for the purpose of inquiring into the
recent riots, assessing damage, and levying compensation
for such damage, I do hereby give notice, in the name of the
Military Authorities, to all persons whomsoever, that they
are required to give every assistance, information, etc., to
the Military and Civil Authorities ; that persons not obeying
orders or carrying firearms will be liable to be shot at sight ;
and that any persons harbouring rioters, or suppressing
evidence with regard to the offenders in the recent dis-
turbances, or spreading false reports, will be treated as
aiders and abettors, and will be liable to similar penalties
as those persons who have committed such acts.
" 2. All persons are further warned that they are
hereby required to remain in their respective villages
throughout the month of June, or during such further period
as the Special Commissioners may direct. Persons found in
possession of looted property, and persons proved to have
destroyed looted property will be dealt with as rioters.
"3. All looted property is to be forthwith restored to
the Village Headmen. All Headmen will answer for the
good behaviour of their villagers, and shall assist in obtain-
ing the conviction of guilty persons.
" 4. All persons are required to remain in their houses
between the hours of 7 p.m. and 5 a.m. The beating of
tom-toms and the holding of meetings is rigorously for-
bidden. All persons, other than Europeans, in the posses-
sion of firearms or other dangerous weapons or explosives
shall surrender them forthwith to the Village Headman,
who shall produce them without delay before the Special
Commissioner, or Revenue, Judicial or Police Officers.
" All such persons found in possession of firearms,
dangerous weapons or explosives, after this date, will be
liable to severe penalties.
2?
" 5- All Moormen are placed under the special protec-
tion of the Headmen, who will be regarded as personal
hostages for their maintenance and security.
" 6. All Moormen who have suffered damage should
be ready with detailed claims for compensation.
" 7. All householders in every village visited by the
Commissioner, and in all such other villages to which special
notices may be sent, are required to present themselves
before the Commissioner immediately on his arrival at the
village, or at such other place as they may receive orders
to attend.
" R. A. G. TESTING,
'* Assistant Government Agent, Kalutara, and
" Special Commissioner. June roth, 191 (J.
" H. C. Cottle,
" Government Printer,
" Colombo, Ceylon."
"COAT OF ARMS."
Notification.
(Translation from the Sinhalese.)
" All Sinhalese living within the divisions of Police
Headmen are hereby given notice that they must answer
for all damages and loss done to the property, etc., of the
Moormen in the rioting which took place between June 2nd
and 5th, 1915.
" That damage has been assessed at Rs.
Therefore if the Sinhalese living in the aforesaid divisions
were to pay the said sum into the Galle Kachcheri within
fifteen days of this date, no cases will be instituted against
those who were not leaders of the riots, nor had looted, nor
were in possession of looted property.
" But if the Sinhalese in the different divisions b"y
binding themselves as Trustees (or members) do not procure
and pay the amount of the damage assessed, the Govern-
ment will take such action as is needed to have such sum
28
recovered. Now, if such a tax came to be levied, in addi-
tion to the amount of the damage, the cost of collection and
the expenses of the Police, who will be quartered in the
villages till the recovery of the tax, will be recovered from
the Sinhalese people.
" Moreover, if there are witnesses to say that they
joined the rioters, cases will be instituted against them (i.e.,
in the event of non-payment.)
" R. B. HELLINGS,
" Special Commissioner and Government Agent,
" Southern Province.
" June 22nd, 1915, Galle.
" H. C. Cottle, Government Printer,
" Colombo, Ceylon."
30. The houses of the most respected and leading Sin-
halese citizens have been searched without legal process and
without any charge being laid against them, under the plea of
Martial Law. These searches were conducted by European
Town Guards, accompanied by Indian Punjabi soldiers and by
police. The houses were visited in several instances when the
master, was away and the ladies alone were present. The ladies
were not treated with civility or consideration.
31. The house of Mr. D. S. Senanayake, a prominent
Sinhalese landowner and country gentleman, the son of the late
Don Spater Senanayake, Padikara Mudaliyar of the Ceylon
Government, was searched on June i2th last. He was absent
from the house, and his wife (a member of the Dunuville family
and a daughter of the late Mr. R. Dunuville, some time District
Judge of Matara, and late Secretary of the Municipal Council
of Colombo) was dressing in her bedroom upstairs, when an
armed Punjabi soldier threw her door open. Greatly alarmed,
she was rushing out of the apartment when the Punjabi aimed
his rifle and threatened to shoot her. Having known how
Sinhalese were shot down by the Punjabi soldiers for running
away when challenged, she had the presence of mind to stop.
29
In other places, Sinhalese ladies, including unmarried girls,
were collected together and made to stand in a row under the
charge of a soldier, or of the police, while the house was being
searched.
32. Among others, the houses of the following gentlemen
were searched in June last : —
1. Dr. W. Arthur de Silva, J.P., some time veterinary
surgeon to the Colombo Municipal Council, and a wealthy
landowner. His ability and resources were for many years
at the disposal of the Colony in the furtherance of social
and philanthropic work. He was a member of the deputa-
tion that waited on the Secretary of State for the Colonies
a few years ago, for an inquiry into the excise policy of the
Local Government, and for a reduction of arrack and toddy
taverns.
2. Mr. John de Silva, a Proctor of the Supreme Court,
previously a master in Government schools, an Oriental
scholar and the most prominent Sinhalese dramatic writer.
His plays for many years have drawn large houses, which
included the Chief Justice, Sir Alexander Wood-Renton, and
His Excellency Sir Robert Chalmers. When the war broke
out he gave two benefit performances in aid of the Prince
of Wales' Fund and the Indian Soldiers' Fund. He pub-
lished Sinhalese odes on the death of Queen Victoria and on
the accession of King Edward VII. As armed Town
Guardsmen entered his house to search his papers, one of
them threatened to shoot him if he moved. Mr. Silva is
about 59 years of age.
3. Mr. D. B. Jayatilaka, B.A., Jesus College, Oxford,
barrister-at-law of Lincoln's Inn, and an advocate of the
Supreme Court, was for many years headmaster of Ananda
College and member of the Committee of Education. He is
editor of the English newspaper, " The Buddhist," the
organ of the Buddhists of Ceylon. He is an Oriental
scholar, and a member of the Council of the Royal Asiatic
Society of Ceylon. He formed a member of the deputation
to the Secretary of State for the Colonies to secure the
reform of the excise policy of the Local Government, notably
with regard to the increase of arrack and toddy taverns.
30
4. Mr. L. W. A. de Soysa is a son of the late Charles
de Soysa, Esq., J.P., and of Lady Catherine de Soysa. He
officiated as second Sinhalese member of the Legislative
Council of Ceylon during the absence of his brother, the
Hon. Mr. A. J. R. de Soysa, in England. He takes a prac-
tical interest in the encouragement of agriculture in the
Colony, besides being a large subscriber to public charities,
like the rest of the members of the de Soysa family.
5. Mr. F. R. Senanayake, son of the late Don Spater
Senanayake, Padikara Mudaliyar to the Ceylon Govern-
ment, is a B.A., LL.B. of Downing College, Cambridge,
a barrister-at-law, an advocate of the Supreme Court of
Ceylon, and an elected member of the Municipal Council of
Colombo. He paid Rs. 5,000 (^333 6s. 8d.) for the fund to
compensate the Moors a few days before he was arrested.
He is an active temperance worker.
6. Mr. R. L. Pereira is a son of J. E. R. Pereira,
Esq., J.P., Proctor of the Supreme Court, some time officiat-
ing Police Magistrate of Colombo, and a nephew of the late
Hon. Mr. Walter Pereira, Puisne Judge of the Supreme
Court. Mr. Walter Pereira is an advocate of the Supreme
Court of Ceylon, with a leading practice.
7. Mr. Charles Batuvantudawe is a son of the late
distinguished Pundit Batuvantudawe, examiner in Oriental
languages for the Civil Service, and a joint translator of
the Mahawamsa into Sinhalese for the Ceylon Government.
Mr. Charles Batuvantudawe is a barrister-at-law of Gray's
Inn, and an advocate in active practice, and is esteemed and
respected by all classes of the community. He is a keen
temperance worker, and in the days of the rioting his aid
was specially asked for by Mr. R. W. Byrde, and was
readily extended, in speaking to the people.
8. Mr. D. R. Wijewardene. B.A., LL.B., St. Peter's
College, Cambridge, barrister-at-law of the Inner Temple,
is the secretary of the Colombo Bar Library, and the hon.
secretary of the Ceylon Social Service League, of which
the chairman is Sir P. Arunachalam. He is a Lieu-
tenant in the Ceylon Light Infantry Volunteers. He was
a member of the deputation that met the Secretary of State
for the Colonies on the excise policy of the Ceylon Govern-
ment. He is a son of the late Don Philip Wijewardene,
Muhandiram of Sedawatte.
9. Mr. E. T. de Silva is a barrister-at-law of Gray's
Inn and an advocate of the Supreme Court. He is an
extensive landowner and the editor of the English Journal,
" The People," which, among other measures, advocates
temperance reform.
10. Mr. C. A. Hewavitarane, M.R.C.S. Eng.,
L.R.C.P. London, is a son of the late Don Carolis
Hewavitarane, Mudaliyar, founder of the firm of Don
Carolis & Sons, furnishers to Queen's House. He is a
winner of the Ceylon Government University Scholarship,
and is warmly associated with temperance work.
11. Don Philip Wijewardene, Muhandiram of Seda-
watte. He is one of the wealthiest landowners in the Island.
Rioters have damaged his houses let to Moorish traders to
the extent of several thousand rupees. He is a director of
the English newspaper, " The Ceylonese," and is associated
with the temperance movement.
12. Mr. Martinua Perera is an electrical engineer, for
many years employed at the Surveyor-General's office till
he retired. He is a temperance worker and speaker, and is
a well-known man in the community.
13. Mr. Arthur Dias, a wealthy landowner of Pena-
dura, and the most prominent leader of the temperance
movement in his district. His subscriptions to public
charities, as well as those of other members of his family,
have been liberal. His mother subscribed Rs. 25,000
(£1,666 135. 4d.) to the King Edward VII. Memorial Fund
for the erection of the Anti-Tuberculosis Institute.
Not the slightest opposition was shown in the search of
any of these houses by the military, though the search was abso-
lute and thorough and occupied several hours. Mr. R. L.
Pereira's house was searched for nearly six hours, when every
private letter and scrap of paper were read and minutely ex-
amined in his absence.
32
33« Within an interval of about twelve days, on June 2ist
last, at early dawn, the following leading gentlemen, among
others, were arrested by armed Town Guards accompanied by
police, and committed to prison : —
Messrs. D. B. Jayatilaka, John de Silva, F. R. Senanayake,
D. C. vSenanayake, D. S. Senanayake (brothers), Charles Batu-
vantudawe, VV. H. W. Perera (Proctor), A. Reginald Fernando,
manager of the " Morning Leader " newspaper, and editor of
the Sinhalese " Lakmina." Also Drs. W. A. de Silva and
C. A. Hewavitarane. Mr. Arthur Dias was arrested some days
previously.
34. On enquiring on what charge he was arrested,
Mr. D. B. Jayatilaka was only told by the Town Guard, who
took him into custody, that he was arrested under Martial Law.
This is typical of the other cases. Mr. Charles Batuvantu-
dawe, when he sought to put a few things into his hand-bag, was
told by the Town Guard who took him that it was unnecessary,
as he was going only for half an hour to the Police Superinten-
dent, Mr. Daniell, andjie would be brought back. All these
gentlemen were taken out of their beds between 4 and 5 in the
morning by European Town Guards, hurried into motor-cars,
escorted by armed Punjabi soldiers and police, and cast into the
common prison at Welikada in Colombo, and have not yet
(July 4th) been produced before any court of law. All access
to them was at first denied, and they were confined in prison,
served with prison fare, regulated as a penal dietary for the
convicts drawn from the lowest classes of the population. The
latrine arrangements, which are for the dry-earth system, were
without the least regard for sanitation — three buckets served for
several hundred convicts. This, the writer understands, has
now been modified. An application to provide their meals from
their homes was originally refused by the Inspector-General
of Prisons, though allowed later. The writer is informed that
the Special Commissioner, Mr. R. W. Byrde, has by questions
in prison sought to secure evidence and information from the*
arrested gentlemen.
(N.B. — The conviction and incarceration of thousands
charged with looting- have helped to fill the jails to overflowing,
and, as might have been expected, disease has sometimes broken
out.).
33
35- No charge has yet been formulated against these
gentlemen, and there is no assurance that they will not be kept
indefinitely in prison without a charge and without ajrial. The
delay in formulating charges affords ground for the supposition
that the search of houses did not result in the discovery of
criminating material, while their continued incarceration exposes
them to the possible danger of the fabrication of false evidence
against them.
36. In the important provincial centres and village town-
ships, as in the countryside, the same thing of wholesale arrests
of leading men and keeping them in jail without bail being
allowed is continued throughout the Island.
37. An application was made to the Supreme Court for a
writ of " Habeas Corpus " on the prison authorities to produce
Mr. W. A. de Silva. Sir Alex. Wood-Renton, Chief Justice,
issued a notice, and the Attorney-General, Mr. Anton Bertram,
appearing on behalf of the Officer Commanding, the Brigadier-
General, H. H. L. Malcolm, justified the arrest and detention on
the ground of Martial Law, though the averments of the appli-
cant's affidavit, that the rioting had ceased and tranquility pre-
vailed in the country, was not denied in the affidavit of the
General which acknowledged the arrest under Martial Law.
Instead, the Attorney-General stated that he had instructions
from the Government to say that the country was not quiet, and
the application was refused by the Chief Justice.
Extract from
" The Times of Ceylon, June, iqtli, 1915.
Justification for Martial Law.
At the App.eal Court yesterday, before the Chief Justice, an
application was made for a Writ of Habeas Corpus for the pro-
duction of the body of Mr. Wilmot Arthur de Silva, J.P.
Mr. A. St. V. Jayewardene, with Messrs. Allan Drieberg and
E. J. Samarawickreme, appeared in support. The Hon. Mr. Anton
Bertram, Attorney-General, with Mr. B. W. Bawa, K.C., Acting
Solicitor-General, appeared contra.
The petition is by Mr. W. Lionel de Silva, nephew of Mr.
Wilmot A. de Silva. It is stated in the petition that on June 2ist,
1915, Mr. \\£ilmot A. de Silva was arrested and taken into custody
and removed to the prison at Welikade, and has since been, and is
i. A. P. Goometilleke, Harry Dias, P. C. Bias (Panadura), F. H. Dias
ftandaranayaka (Heneratgoda), Simon Senanayake.
34
now, in the custody of the superintendent of the said prison. No
charge has been made against him. At the date of the arrest peace
and tranquility prevailed in the island, and all the courts in the
island were sitting and administering justice without any interrup-
tion or hindrance; such peace and tranquility has prevailed ever
since.
The Attorney-General submitted that it was a sound proposi-
tion that when active rebellion or active rioting ceased persons
must be tried by courts established by legislation. The fact that
courts of law were sitting had nothing to do with the situation.
There was no question that Martial Law could exist, and ordinary
Law Courts continue their sitting. The Governor had the prero-
gative to declare Martial Law at a time of emergency. The Empire
was at war, and special measures had been taken throughout the
Empire. Its forces were concentrated, and any disturbance of a
dangerous nature must affect the nation as a whole. The present
state of affairs did not justify the withdrawal of Martial Law.
Mr. Jayewardene contended that the fact that war was raging
in Europe, Asia and Africa was no ground for saying that it was
raging in Ceylon. To quote the Governor's own despatch the
commotion was caused by racial and religious animosity. The
authorities were armed, and sufficiently armed by the whole of the
Colony being made subject to the Army Act. Unless the learned
Attorney-General could show that war was actually raging in
Ceylon, no reason could be shown for the introduction of Martial
Law. If the disturbance has ceased the necessity for Martial Law
must also cease. There was no justification for the arrest of Mr.
de Silva. (See A-fr-pendix A.)
38. The writer was instructed to bring the matter up by
way of special leave before the Privy Council. Before leaving
Ceylon he informed the Attorney-General of the fact. Shortly
after the writer's arrival in England (on July 2ist) a cablegram
was received by the solicitor in the case, Mr. Cayley, 30, Bedford
Row, W.C., in reply to an enquiry by him, that Mr. W. A. de
Silva had been released on a bond. There is no information)
that the other gentlemen, whose cases are similar to Mr. Silva's,
have been released. The decision sought to be obtained from
the Courts in England in the matter of Mr. Silva would have
affected the case of the others as well, and the writer was
instructed to obtain a decision on the questions of law involved,
including the legality of the arrests. While counsel was being
instructed in regard to the application, information was received
of the release of Mr. Silva.
39. During the time of the noting the ordinary tribunals
were sitting without any hindrance or obstruction throughout
the country, and are continuing to do so. They were later
strengthened by the appointment of additional judges and magis-
35
trates in every part of the Colony. Further, Special Commis-
sioners, with powers to enquire into the causes of the riots and
to assess damages, began to try cases summarily under Martial
Law under the authority of the General. In these circumstances
it was suddenly announced about the middle of June that Courts-
Martial would try charges of looting and rioting.
Extract from
" The Ceylon Morning Leader" June \2th, 1915.
Additional District Judges.
His Excellency the Governor appointed the following gentle--
men to be, in addition to their own duties, additional District
Judges for the Judicial Districts noted against their names, with
effect from June ist, 1915 : —
Mr. A. C. Allnutt, Colombo; Mr. J. Conroy, Colombo; Mr.
C. V. Brayne, Colombo ; Mr. H. M. M. Moore, Colombo ; Mr.
R. G. Saunders, Colombo; Mr. E. Rodrigo, Colombo; Mr. N. J.
Luddington, Kalutara; Mr. W. A. Weerakoon, Negombo; Mr.
V. P. Redlich, Colombo and Negombo; Mr. N. E. Ernst, Colombo,
Kegalla, and Ratnapura ; Mr. W. T. Stace, Kandy ; Mr. J. R.
Walters, Kandy and Nuwara Eliya; Mr. W. J. L. Rogerson,
Kandy; Mr. H. j. V. Ekanayake, Galle; Mr. C. L Wickremesinghe,
Kurunegala; Mr. V. Coomaraswamy, Puttalam.
Temporary Appointments.
His Excellency the Governor has been pleased to make the
following temporary appointments : —
Mr. H. 0. Fox, to be in addition to his own duties, Additional
Government Agent, Western Province, from June 8th.
Messrs. M. T. Archibald, T. G. Willett and C. H. Collins to
be additional Police Magistrates for the Western, Central, South-
ern, North-Western, and Sabaragamuwa Provinces, from June 5th.
Messrs. J. E. de Zoysa and T. K. Carron, to be Additional
Police Magistrates, Negombo, from June 5th.
Mr. John E. de Silva to be, in addition to his own duties,
Additional District Judge, Kalutara, from June 5th.
Messrs. J. V. G. Jayawardene and G. J. Pickthall, to be
Justices of the Peace for the district of Kalutara, and Unofficial
Police Magistrates for the Judicial District of Kalutara, from
Tune 7th.
Mr. Oswald Balean to be a Justice of the Peace for the District
of Kandy, and an Unofficial Police Magistrate for the Judicial
District of Kandy, from June srd.
Mr. G. F. Farquharson, to be a Justice of the Peace for the
District of Kandy, and an Unofficial Police Magistrate for the
Judicial District of Kandy, from June 5th.
Mr. R. H. Brodie, to be a Justice of the Peace for the District
of Kandy, and an Unofficial Police Magistrate for the Judicial
District of Kandy, from June 5th.
Mr. J. G. Hodgson, to be a Justice of the Peace for the District
of Nuwara, Eliya, Hatton, and an Unofficial Police Magistrate for
the Judicial District of Nuwara, Eliya, Hatton, from June ist.
36
Mr. S. P. Blackmore, to be a Justice of the Peace and an
Unofficial Police Magistrate for the Judicial District of Nuwara,
Eliya, Hatton, from June 5th.
Messrs. H. F. Laycock and E. W^ Morris, to be Justices of
the Peace for the District of Nuwara, Eliya, Hatton, and Unofficial
Police Magistrates for the Judicial District of Nuwara Eliya,
Hatton, from June 7th.
Messrs. H. S. Popham, N. G. Campbell, and H. J. Temple,
to be Justices of the Peace for the District of Nuwara, Eliya,
Hatton, and Unofficial Police Magistrates for the Judicial District
of Nuwara, Eliya, Hatton, from June 8th.
Messrs. D. A. Miles and Robert Wilson, to be Justices of the
Peace for the District of Matale, and Unofficial Police Magistrates
for the Judicial District of Matale, from June 7th.
Mr. G. P. Keuneman, to be Additional Police Magistrate,
Matara, from June 5th.
Mr. E. T. Dyson, to be, in addition to his own duties, Addi-
tional District Judge, Kurunegala, from June ist.
Mr. A. N. Hutt to be in addition to his own duties, Additional
District Judge and Police Magistrate, Kegalla District, and Addi-
tional District Judge and Police Magistrate, Kurunegala District,
from June 8th.
Mr. Edmund Lingard Walker to be a, Justice of the Peace foi
the District of Kurunegala, and an Unofficial Police Magistrate for
the Judicial District of Kurunegala, from June ist.
Messrs. R. A. Powell, E. J. Peries, and F. W. Sproule, to be
Justices of the Peace for the District of Kurunegala, and Unofficial
Police Magistrates for the Judicial District of Kurunegala, from
June 7th.
Mr. Victor Cooke, to be additional Police Magistrate, Chilaw
and Marawila, from June Qth.
Mr. A. L. Grossman, to be, in addition to his own duties, Addi-
tional District Judge, and Police Magistrate, Kegalla, from June
6th.
Mr. A. J. Mackessack, to be a Justice of the Peace for the
Sabaragamuwa, Central and North Western Provinces, and an
Unofficial Police Magistrate for the Judicial Districts of the said
Provinces, from June 3rd.
Mr. G. W. Greenshields, to be a Justice of the Peace for the
district of Ratnapura and an Unofficial Police Magistrate for the
Judicial District of Ratnapura from June /th.
Mr. D. M. Seneviratna, to be a Justice of the Peace for the
District of Kegalla, and an Unofficial Police Magistrate for the
Judicial District of Kegalla, from June 4th.
Extract from
"The Ceylon Morning Leader" June ibtk, 1915.
Special Commissioners.
The following officers have been appointed by the Hon. the
Officer Commanding the Troops in Ceylon to be Special Commis-
sioners for the districts given below : —
Western Province.
The Hon. Mr. J. G. Eraser, C.M.G., Messrs. C. V. Brayne,
H. M. M. Moore, T. G. Willett, N. Izat, W. L. Murphy.
37
Kalutara District.
Mr. R. A. G. Testing.
Central ProYince.
The Hon. Mr. C. S. Vaughan, Messrs. M. Stevenson, G. S.
Wodeman, J. Devane.
Nuwara Ellya District.
Messrs. A. W. Seymour and T. A. Hodson.
Southern Province.
The Hon. Mr. R. B. Hellings, Messrs. L. J. B. Turner and
M. T. Archibald.
Matara District.
Mr. G. F. R. Browning.
North-Western Province.
Messrs. C. R. Cumberland and C. H. Collins.
Puttalam-Chilaw District.
Mr. H. W. Codrington.
Province of Sabaragamuwa.
Messrs. R. N. Thaine, C. F. Forrest, and B. G. de Glanville.
Kegalla District.
Mr. H. A. Burden.
Colombo Municipality and District.
Messrs. R. W. Byrde and A. C. Allnutt.
Their functions will be : —
(a) To inquire into all crimes and offences connected with
the recent riots and disturbances in the towns and villages of the
district for which they are appointed.
(b) To inquire into and assess all damage to property caused
by rioters and others in the towns and villages in their district.
(c) To arrange for the payment of compensation for such
damage, and for that purpose to secure contributions from the
inhabitants of the said towns and villages.
All Special Commissioners are Additional District Judges and
Police Magistrates for their Provinces or Districts.
L. A. NORTHCOTE., Captain,
Deputy Assistant Adjutant-General.
Colombo, June 23rd, 1915.
" Government Gazette," June 25th.
Temporary Appointments.
His Excellency the Governor has been pleased to make the
following temporary appointments : —
Mr. A. C. Allnutt to be, in addition tp his own duties, Addi-
tional District Judge, Negombo, and Additional Police Magistrate,
Negombo and Avissawella, with effect from June ist, 1915.
Mr. C. V. Brayne to be, in addition to his own duties, Addi-
tional Police Magistrate,, Avissawella, with effect from June ist,
Mr. T. G. Willett and H. M. M. Moore to be, in addition to
their own duties, Additional Police Magistrates, Avissawella, with
effect from June ist, 1915.
Mr. R. G. Coombe, to be a Justice of the Peace for the Dis-
trict of Badulla, and an Unofficial Police Magistrate for the Judicial
District of Badulla, with effect from June ist, 1915.
His Excellency the Governor has been pleased to make the
following appointments, with effect from June 2 ist, 1915 : —
Mr. T. W. Roberts to be, in addition to his own duties, Addi-
tional Municipal Magistrate, Colombo.
Mr. W. L. Murphy to be, in addition to his own duties, Addi-
tional District Judge for the Judicial Districts of Colombo and
Kalutara, and Additional Police Magistrate, Kalutara and Pana-
dure.
— " Government Gazette," June 25th.
40. Following on the announcement, many Headmen and
leading- people were, and according to my instructions are being,
produced before Field Courts-Martial, summarily tried, con-
victed of charges of treason and riotously demolishing buildings,
and sentenced to be executed. Several of them have been shot
and hanged early in July. The charges of treason have not, in
any of these cases, so far as I know and have been instructed,
been supported by evidence proving sedition or hostility of any
kind to the Crown or the Government, but the convictions on
these charges were based on facts proved in connection with the
occurrences in the riots. Mr. M. T. Akbar, a Malay by race and
a Muhammadan by religion, who is one of many Crown counsel
in the Island, and acting office assistant to the Attorney-General,
prosecuted on behalf of. the Crown.
Extract from
" The- Ceylon Morning Leader ," June 2istj 1915.
A Court Martial Trial.
As is well-known, Court Martial trials in connection with the
recent riots in Colombo, have already commenced. On Thursday
Lieut. -Col. Muspratt Williams and two other officers presided at
Wekke in Veyangoda district, the prisoners being the Vidane
Aratchi and fifteen others. Mr. M. T. Akbar, Crown Counsel, pro-
secuted, and Messrs. R. H. Morgan, A. St. V. Jayewardede and B.
F. de Silva from the Colombo Bar appeared for the defence.
41. These Courts-Martial are presided over by military
officers unacquainted with law, of the language, habits, and
customs of the Sinhalese ; hence the safeguards for the due
administration of justice are not present. Three officers hold
39
Court, surrounded by armed Punjabi soldiers, sometimes in a
village rest-house, as at Wekke. The proceedings are very
summary, and it may be presumed that evidence which a duly
constituted court of law would not accept finds its way into the
proceedings, of which no due record is kept. The cross-
examination of the counsel for the defence in the Court-Martial
held at Wekke, on June iyth and i8th, was limited to about
two minutes, and the address to about five minutes. This was
the first Court-Martial. Others held in Colombo have
convicted and sentenced to execution, Messrs. Pedris and
Wijeyesekere, two of the richest and most prominent Sinhalese
shopkeepers. Pedris was about 27 years of age and Wijeyese-
kere'was younger, about 25.
Proceedings were originally initiated in the police court,
and, in some cases, later remitted to Courts-Martial.
Extract from
" The Ceylon Morning Leader? June 8th, 1915.
Mr. N. A. Wijeyesekere, head of the well-known firm of Messrs.
N. S. Fernando, Pettah, is also under arrest since Saturday night,
on a warrant issued by one of the Additional Magistrates on a
charge of causing grievous hurt with a revolver to a Coast Moor.
Messrs. Allan Drieberg and R. L. Pereira, instructed by Mr.
J. E. R. Pereira, appeared for Mr. Wijeyesekere, and Messrs. C.
B. Elliott and M. D. Abdul Cader, instructed by Mr. Ismail, for
the prosecution.
Bail was allowed and the enquiry was postponed for to-day.
Extract from
"The Ceylon Morning Leader," July i^th., 1915.
July 7th, 1915.
PRISONERS : i. Jacoris Silva Jayasuria.
2. Dionis Silva Weeratne Jayasuria.
3. Peduma Hennidige Mathew de Silva.
4. Sarukalige George de Silva.
5. Hikkadmya Liyanage Thomas de Silva.
6. Sarunkali Gallapatige John Silva.
CHARGES : (i) Treason; (2) Riotously damaging a mosque. The six
prisoners were found guilty.
SENTENCES : Seven years penal servitude.
PRISONERS : i. Johannes Wiratunga.
2. Carolis de Silva Wijewickrama.
3. Hawpe Liyanage Telenis.
4. Bastian de Silva Wijewickrama.
5. Boralesse Yapage Don Hendrick alias William.
6. Uragodage John.
CHARGES : (i) Treason; (2) Riotously destroying buildings. The six
prisoners were found to be guilty.
SENTENCES : Ten years penal servitude.
40
Extract from
" The Ceylon Morning Leader^ July 6th, 1915.
July ist, 1915.
PRISONER : Diyunuge Edward Henry Pedris, a Member of the
Administrative (Mounted) Section of the Colombo
Town Guard.
CHARGES: (i) Treason ; (2) Shop-breaking ; (3) Attempting to mur-
der ; (4) Wounding with intent to murder.
SENTENCE : Death.
CONFIRMATION : Confirmed.
(Sgd.) H. MALCOLM,
Brigadier-General, Commanding the Troops.
Ceylon, dated Colombo,
July 3rd, 1915.
Extract from
"The Ceylon Morning Leader" July Uh, 1915.
July 7th, 1915.
Death Sentence Executed.
The sentence of death which was passed on D. E H Pedris
was carried out this morning at Welikade Gaol by shooting.
Extract from
" The Ceylon Morning Leader," July gth, 1915.
Promulgation of Field-General Courts-Martial held at Colom-
bo, on July ist-2nd, 1915.
PRISONERS : i. K. K. Don John Sinno.
2. Goiyanse Hettige James Rodrigo, alias James Sinno.
3. H. G. John Sinno.
4. S. A. J. Perera, alias Jacob.
5- W. Girigoris Perera, alias Gigo.
6. Thomas Sinno.
7. Thomas Sami.
8. Francis Pulle
9. G. A. Pawulis Rodrigo, alias Pawulis Appu.
10. Welandage William Perera.
n. Rannage Thomas Sinno, alias Tomas Appu.
CHARGES :(i) Treason; (2) Murder; (3) Murder; (4) Murder; (5)
Murder; (6) Murder; (7) Murder; (8) Murder;
(g) Murder. The eleven prisoners were found
guilty.
SENTENCE : Death (in each case).
PRISONER : Namunidewage Albert Wijesekera.
CHARGES: (i) Treason; (2) Shop-breaking; (3) Attempting to
murder ; (4) Wounding with intent to murder. The
prisoner was found guilty.
SENTENCE : Death.
41
The Officer Commanding the Troops has directed that the
above capital sentence shall not be executed until an opportunity
has been afforded to His Excellency the Governor in Executive
Council to consider whether the clemency of the Crown shall be
exercised in each case.
Extract from
" The Ceylon Morning Leader," July \2thJ 1015.
The sentences of death which were passed on the undermentioned
prisoners were carried out in the manner stated, at Welikada Gaol,
on July loth, 1915 : —
By Shooting : F. P. Samarasinghe.
By Hanging : Norris Perera, A. A. Don Peiris, W. P. Peter
Saram, Don Joronis Amarakoon, Don Karolis Samarasinghe.
L. A. NORTHCOTE, Captain,
D.A.A.G., Ceylon Command, Colombo,
July nth, 1915.
Promulgation of Field General Courts-Martial, held at Kandy
on July 2nd-3rd, 1915.
PRISONER : Attenegedera Kiri Banda.
CHARGE: (i) Rioting. The prisoner was found guilty.
SENTENCE : Ten years' penal servitude.
PRISONERS : i. S. Charles Silva.
2. G. A. Livera Wijewickrame.
CHARGES: (i) Rioting; (2) Shop-breaking. The two prisoners
were found guilty.
SENTENCE : Two years' imprisonment with hard labour.
PRISONERS : i. Heen Appuhami.
2. James Singho.
3. T. L. Herat.
CHARGES : (i) Treason; (2) Riotously demolishing a building. The
three prisoners were found guilty.
SENTENCE : Fourteen years' penal servitude.
PRISONER : Rajapakse, Notary.
QHARGES : (i) Treason; (2) Riotously demolishing a building; (3)
Shop-breaking. The prisoner was found guilty.
SENTENCE : Penal servitude for life.
PRISONER : Abeyesinghe.
CHARGES : (i) Riotously demolishing a building; (2) Shop-breaking.
The prisoner was found guilty.
SENTENCE : Three years' penal servitude.
PRISONER : M. K. S. P. Jeremanis Perera.
CHARGES: (i) Rioting; (2) Riotously damaging a house; (3) Rio-
tously damaging a house; (4) Rioting; (5) Shop-
breaking. The prisoner was found guilty.
SENTENCE : Fourteen years' penal servitude.
PRISONER : F. A. Dissanayaka.
CHARGES : (i) Rioting; (2) Shop-breaking. The prisoner was found
not guilty.
PRISONER : S. Sivagnanam.
CHARGE : (i) Sedition. The prisoner was found not guilty.
Extract from
"The Ceylon Morning Leader," fitly ^th, 1915.
Promulgation of Field-General Courts-Martial.
With reference to the recent Promulgation of : —
1. Field-General Court-Martial held at Weke on June
I7th-i8th, IQIS ; and
2. Field-General Court-Martial held at Colombo on June
26th-27th, IQIS, which is republished below: —
Promulgation of Field-General Courts-Martial.
Held at Weke, on June i7-i8th, 1915.
PRISONER : Don Carolis Samarasinghe, Vidane Arachche of Wel-
gama, Peruwa.
CHARGES: (i) Treason; (2) Riotously demolishing buildings. The
prisoner was found guilty.
SENTENCE : Death.
PRISONERS : i. Weligama Appuhamilage Carolis Perera Wijeratna
Gurunanse, of Mahvana.
2. Alutgama Arachchige Don Peiris, P.V., of Pahala
Mapitigama.
3. Gangodawillage Noris Perera, P.V., of Malwana.
4. Don Paulu Arachchige David Silva, ex P.V., of
Titanatara.
CHARGES: (i) Treason; (2) Riotously demolishing buildings. The
four prisoners were found guilty.
SENTENCE : Death (in each case).
PRISONERS : i. Don Joronis Amarakoon, P.V., of Biyagama, No.
280. "
2. Wijesekera Weerasinghe Siriwardene Peter Saram,
of Biyagama.
3. Kadawatpedige Vaiya Veda, of Yabraluwa.
CHARGES: (i) Treason; (2) Riotously demolishing buildings. The
three prisoners were found guilty.
SENTENCE : Death (in each case).
PRISONER : Alahakoonge Don Francisco Appuhamy, alias Biya-
gama Gurunanse.
CHARGES: (i) Treason; (2) Riotously demolishing buildings. The
prisoner was found guilty.
SENTENCE : Death.
The Officer Commanding the Troops has directed that the above
capital sentences shall not be executed until an opportunity has been
afforded to His Excellency the Governor in Executive Council to
consider whether the clemency of the Crown shall be exercised in
each case.
PRISONER : Witan Arachchige Don Carolis Gunasekera Appuhamy,
of Walgama.
CHARGE : (i) Riotously demolishing buildings. The prisoner was
found guilty.
SENTENCE : Penal servitude for life.
PRISONER : Kanatte Kankanamalage Deconis Perera, of Pahala
Mapitigama.
CHARGE: (i) Riotously demolishing buildings,
found guilty.
The prisoner was
43
SENTENCE : Penal servitude for life.
PRISONERS : i. Gangodawila Appuhamilage Pedrick Perera.
2. Nalawatuge Suetan de Silva Appuhamy.
3. Rajapaksa Senadirige Dom Emis Appuhamy.
CHARGE: (i) Riotously demolishing buildings. The three pri-
soners were found guilty.
SENTENCES : Penal servitude for life (in each case).
PRISONERS : i. Nalawatuge Mendis de Silva, of Pahala Mapitigama.
2. Gangodawila Appuhamilage /Girigoris Perera, or
Pahala Mapitigama.
CHARGE: (i) Riotously demolishing buildings. The two prisoners
were found guilty.
SENTENCE : Penal servitude for life (in each case).
Promulgation of Field-General Courts-Martial, held at
Colombo, on June 26th-27th, 1915.
PRISONER : M. Aron Perera.
CHARGES: (i) Treason; (2) Murder; (3) Murder; (4) Arson. The
prisoner was found guilty
SENTENCE : Death.
PRISONERS : i. M. Carolis Perera.
2. James Manchanayaka.
3. Martin Silva.
4. C. Charlis, alias Chalio.
CHARGES: (i) Treason; (2) Murder; (3) Murder; (4) Arson. The
four prisoners were found guilty.
SENTENCES : Death (in each case).
PRISONER : K. Thomas Perera.
CHARGES: (i) Treason; (2) Murder; (3) Murder; (4) Arson. The
prisoner was found guilty.
SENTENCE : Death.
PRISONER : John Gomes.
CHARGES: (i) High Treason; (2) Murder; (3) House-breaking. The
prisoner was found guilty.
SENTENCE : Death.
PRISONER : F. P. Samarasinha.
CHARGES: (i) Treason; (2) House-breaking. The prisoner was
found guilty.
SENTENCE : Death.
The Officer Commanding the Troops has directed that the above
capital sentences shall not be executed, until an opportunity has
been afforded to His Excellency the Governor in Executive Council
to consider Avhether the clemency of the Crown shall be exercised
in each case.
PRISONER : Don Rubel.
CHARGES: (i) Treason; (2) Arson. The prisoner was found guilty.
SENTENCE : Penal servitude for life.
PRISONERS : i. Alutugamage Siadoris Silva.
2. Kahadawella Aratchige James.
CHARGE: (i) Rioting. The two prisoners were found guilty.
SENTENCE : To be imprisoned with hard labour for one year.
44
PRISONERS : i. John Perera Weerasekera.
2. James Samaranayake.
CHARGK : (i) Rioting. The two prisoners were found guilty.
SENTENCES : To be imprisoned with hard labour for two years.
PRISONER : Wilfred.
CHARGES: (i) High treason; (2) House-breaking. The prisoner
was fpund guilty.
SENTENCE : Seven years' penal servitude.
PRISONER : Don Abraham Samaradiwakara.
CHARGES: (i) Rioting; (2) Shop-breaking. The prisoner was
found guilty.
SENTENCE : To be imprisoned with hard labour for two years.
The following letter has been received by the Honourable the
Brigadier-General Commanding the Troops, Ceylon, from His
Excellency the Governor of Ceylon : —
The Queen's House,
Colombo, July 5th, 1915.
Sir, — I have the honour to return herewith proceedings
of Field-General Courts-Martial held at Weke on June i7th-
i8th, and at Colombo, on June 26th-27th, forwarded to me
with your letters Nos. 3256/26 and 3256/2C of June 2Qth and
30th last, and to inform you that, after consulting the Executive
Council, I have decided that the clemency of the Crown shall
not be exercised in the cases of : —
1. John Gomes.
2. M. Aron Perera.
3. M. Carolis Perera.
4. James Manchanayaka.
5. Martin Silva.
6. C. Charles, alias Challo.
7. K. Thomas Perera.
8. F. P. Samarasingha.
Q. A. Don Franciscu Appuphamy, alias Biyagama
Gurunnanse.
10. Don Cornells Samarasingha, V.A., of Walgama,
Peruwa.
11. D. T- Amarakoon.
12. W. "W. S. Peter de Seram.
13. A. A. Don Peiris.
14. G. Noris Perera.
2. In the cases of : —
1. W. A. C. Perera Wijaratna Gurunnanse,
2. D. P. A. David Silva,
3. K. P. Baiya Veda.
I have decided that there is sufficient ground for the exercise
of the clemency of the Crown, and the sentences of death
have been commuted to sentences of rigorous imprisonment
for life.
I am, Sir,
Your obedient servant,
(Sgd.) ROBERT CHALMERS, Governor.
The Honourable the Brigadier-General
Commanding the Troops, Ceylon.
45
42. The form of military tribunal selected to try these
offences of rioting and looting1 is the Field-Court Martial, which
it is submitted is a makeshift Court, which sits in the Field to
summarily inquire into crimes when Government is at a stand-
still and all Municipal Courts are suspended by active hostilities
or armed rebellion. In Ceylon, even in the days of the rioting,
there was no resistance to the Government, no attacks on public
officers or public buildings, no attacks on persons or property
other than against the persons and property of those above re-
ferred to (Coast Moors and, later, of some Ceylon Moors after
they interfered).
43. Since the cessation of the riots the military forces, as
well as the Town Guards, Volunteer Forces, etc., have been
employed not so much in suppressing disturbances or — with the
exception of a small number — in keeping the peace, but in assist-
ing the Commissioners and the police in collecting evidence,
assessing damages, and also in levying compensation, in carry-
ing out the orders made by the General and Commissioners under
the several Proclamations, such as the prohibition to be out of
doors after a certain hour, and to walk in the middle of the street,
even by personal violence amounting to cruelty, lashing being
resorted to in many instances.
That even Magistrates did not set any limits to their
authority, and were not restrained when they exceeded their
powers, may be seen from the following case : —
At the village of Divulapitya, in the district of Negombo,
there were two rows of Bazaars facing each other on either side
of the street, belonging to two rival Sinhalese landlords, and
tenanted by Coast Moormen. One of the landlords took effective
steps to defend the Bazaars of the Coast Moor tenants from the
fury of the rioters. He collected his servants together, and with
a few pieces of firearms (which were not used) went forward and
succeeded not only in saving his property but the goods of his
tenants. The Bazaars opposite were demolished. Later, he
was arrested by the military and brought to Negombo. He was
taken back to his village, Divulapitya, by the Police Magistrate,
Mr. N. J. Luddington, under an armed military escort. Fire-
arms (according to my instructions two or three guns) which he
had in his possesssion, and which helped him, as stated above, to
46
defend his property, were found on his premises, as well as sacks
of rice (the goods of his Coast Moor tenants which he had re-
moved at their request for safe custody from the riotous mobs).
The arms and rice were held to be conclusive evidence against
him. The accused man explained the circumstances, and begged
for a proper enquiry and time to produce his Moorish tenants,
who had escaped and were in concealment since the riots. Time
was refused, though, it is urged, nothing would have been lost
by the delay. Mr. Luddington had the man placed against the
wall, who begged to the last for a trial, and shot by a party of
Town Guardsmen. He was shot in the presence of the inmates
of his household and a number of people who had assembled.
He was a full-blooded, vigorous man, in the prime of life, and
he twice rose from the ground bleeding profusely. The third
volley dashed out his brains. Soon after, his sister produced the
receipts granted by the Coast Moormen, which he had taken the
precaution to secure when they entrusted their property to him.
The executed man was a wealthy citizen.
The Government transferred Mr. Luddington from
Negombo, on the night of June 8th, to another station as Police
Magistrate and Commissioner of Requests (Civil Judge) of the
town of Panadure.
Extract from
" Government Gazette " from Ceylon News-pa^er.
His Excellency the Governor has been pleased to make the
following appointments, with effect from June Qth, 1915 : —
(1) Mr. N. j. Luddington to the office of Commissioner of
Requests and Police Magistrate, Panadure.
(2) Mr. W. A. Weerakoon to the office of Commissioner of
Requests and Police Magistrate, Negombo, and Assistant
Superintendent of the Prison at Negombo.
—"Gazette," June nth, 1915.
44. Hence it will be noted that it is scarcely possible to
secure information as to what is transpiring in the country. The
policy of secrecy of the Local Government with regard to its
action in Ceylon is indicated in the following notification, pub-
lished in the local papers, marked " Exclusive to Ceylon." The
restriction prevents the information from being printed in the
overland editions of the Ceylon newspapers which circulate in
England, and all letters are heavily censored by a strict military
and civil censorship.
47
Supplement to the " Ceylon Independent," Colombo,
Tuesday, June 22nd, 1915.
1 Under Military Law.
All serious cases to be tried by Court-Martial.
(Exclusive to Ceylon.]
Probably for the first time in the history of Ceylon, Courts-
Martial for the trial of civilians charged with high crimes and
misdemeanours are being held. The Courts-Martial now are under
Army authority, brought in by Proclamation of August, under which
the whole of the population of Ceylon has become subject to mili-
tary law, which applies to all the inhabitants, although few know it.
These Courts, since Martial Law was proclaimed, are subject
to confirmation by the Government or the General Officer Com-
manding. The Courts can pass any sentence of death, and there
is no appeal. All serious cases will now be tried by Court-Martial.
A Court-Martial sat at Weke on Thursday and Friday, June i7th-
iSth, on sixteen prisoners.
45. It might be repeated that these acts, under Martial
Law, were committed after the riots had entirely ceased, and the
country was practically quiet. The hardships entailed by Mar-
tial Law in Ceylon may be gathered from the following occur-
rence. These incidents occur in Colombo, where the highest
officials are stationed. The military acts unrestrainedly in the
villages among the peasantry, who are helpless and unarmed.
After enquiries, the following facts were gathered. There is
great reticence observed over these affairs owing to Martial
Law, and information is difficult to get.
Late in June, Town Guards were watching the ferry of the
Kelani River, close to Victoria Bridge, where produce from
towns in the North-Western Province used to be landed by
Padda boats (barges).
A boatman was approaching with his laden barge propelled
by a pole. He was challenged and asked not to approach the
shore. He tried to stop the heavy barge, but it was not pos-
sible, as the current was running swiftly at the time, the river
being swollen by the monsoon rains. The boatman raised his
pass in his hand, and shouted " Pass." A second challenge
followed, and the Town Guardsman took aim. The first shot
missed the boatman ; he rose in the barge waving his pass with
both hands. A second shot killed him.
The City Coroner, Mr. F. L. Daniel, J.P., Proctor, reported
the matter to the authorities, and he was severely censured by
48
the Officer Commanding, and ordered not to criticise the action
of the military in future.
46. The printed Proclamations declared that those found
after hours without a pass in the streets would be liable to arrest
and imprisonment (paragraph 21), but shooting by Punjabi sol-
diers has become so common that a military officer declined to
give passes to a prominent lawyer and his servants, on the
ground of their liability to be shot, though having passes.
According to information obtained in the Maradana Ward,
Colombo, a young Sinhalese operative, as he was let out of his
workshop after 6 p.m., was challenged by the Punjabi soldier
in the street. He did not know how to answer, and was seized
with fear, and, as he turned to run, he was shot down dead.
Many Sinhalese, ignorant of the nature of a challenge, and
seized with panic at the sight of an armed Punjabi soldier, were
shot. They turned to run, and were shot down.
47. The train which carried the Inspector-General of
Police, Mr. Dowbiggin, who was returning from Kandy on
June 3rd (Thursday), with a number of armed Punjabi sol-
diers, was held up by hundreds of unarmed, excited villagers
crowding on the line between Mirigama and Veyangoda. The
military Punjabis opened fire, and numbers of the Sinhalese
were shot down dead. The number of those killed by the mili-
tary has not been officially announced.
Extract 'from
"The Ceylon Morning Leader^ Saturday, June ^th3 1915.
An incident of the disturbance occurred on Thursday evening
between Veyangoda and Mirigama. Mr. H. L. Dowbiggin, I.G.P.,
was travelling down from Kandy to Colombo with some constables
and men of the 28th Punjabis. The train was held up by a big
mob of several hundred natives who stood on the line. The engine
was brought to a standstill and the Punjabis got out and opened
fire on the crowd,, which dispersed in all directions, leaving 35
killed and many wounded on the spot.
(The writer is instructed that the total of those killed is much
larger than 35.)
48. One of the severest regulations that suddenly came to
be enforced by the police under Martial Law is a rule of the road
by which people are forbidden to walk in the middle of the streets
on pain of being lashed (Proclamation, par. 21). No sufficient
49
intimation of the enforcement of this rule has been given, and
citizens found walking in the streets are immediately taken into
custody by the police, and after being lashed on the back with
rattans in the police stations, where they are confined for
several hours, are released. About the end of June, the Chief
Justice's groom, who was leading a horse in the street, was
arrested, and had his back marked with rattans. About the
same time the rickshaw coolie of Mr. M. S. Fernando, notary
public, was arrested by the Maradana police for walking in the
middle of the road. On the sudden disappearance of his ser-
vant, Mr. Fernando made enquiries, and ultimately discovered
that he was locked up in the Maradana Police Headquarters, to
which he telephoned. He was informed that the man would
be released, and when he returned later, his back was lacerated
with rattans.
Again, Mr. Fernando's notarial clerk was absent from
work. He also had been similarly treated by the police, though
he was a well-conducted and educated man.
On the day the rule was first enforced, numbers of Govern-
ment and merchants' clerks were arrested on their way to office,
and locked up in the Fort Police Station.
Respectable residents of the educated classes are not
exempt from police violence, some of them being kicked in the
public streets for the infraction of this rule.
Daily every morning Sinhalese men, women, and lads are
arrested in villages and confined in suburban police stations,
and are then carried into town. Large motor vans are filled,
under military escort, the police literally kicking people into the
vans.
Hundred of men, herded in small police lock-ups — princi-
pally villagers on suspicion — have in certain places been con-
tracting dysentry.
49. It is unfortunate that the Governor of the Colony, Sir
Robert Chalmers, did not see the necessity of consulting the
unofficial members of the Legislative Council before proclaim-
ing Martial Law. Both His Excellency and the Colonial Secre-
tary, Mr. R. E. Stubbs, are new to the colony, and are, there-
fore, inexperienced. It is submitted that consultation of un-
official public opinion would have been of decided advantage to
the Government. Even later, after the proclamation of Martial
Law, the Governor politely declined to see the Hon. Mr.
Ramanathan, K.C., C.M.G., Elected Ceylonese Member, who
requested an interview, and referred him to the General Officer
Commanding-. The fact that no accredited Sinhalese or Cey-
Icnese representatives have had access to the Governor, while
the daily newspapers (vide extract given below) announce that
His Excellency continues to be in close touch with Sir Thomson
Broom, President of the Chamber of Commerce, have had a dis-
turbing effect on public opinion.
Extract from
'•'•The Ceylon Morning Leader," June i6tk_, 1915.
Sir J. Thomson Broom, Chairman of the Chamber of Com-
merce, dined with His Excellency the Governor at Queen's House,
on Monday night.
Lady Chalmers and Mrs. Stevenson, accompanied by the Maha
Mudaliyar, are coming down to-day.
50. The following facts may be submitted as further
reasons for the withdrawal of Martial Law : —
1. The resumption of trade and business in the coun-
try, in spite of the many restrictions imposed under Martial-
Law upon the ordinary liberty of the people.
2. The fact that a Buddhist Festival, connected with
the Poson or June Full Moon, has passed without any dis-
turbances.
3. The quiet submission of the people to all orders,
including the surrendering of their title deeds on the demand
of the Commissioners an,d the payment or the execution
of bonds for sums arbitrarily fixed by the Commissioners as
compensation.
4. That in the town of Colombo, and in some other
places, the Coast Moors have re-opened their boutiques,
and are plying- their trade without interference.
51. When passes were applied for, the military usually
enquired, " To what nationality do you belong? " If the appli-
cant was Sinhalese, the officers sometimes refused the pass,
on the ground that the " Sinhalese were the origin of the row.*'
Passes were refused to Sinhalese professional and business men
of standing, merely on account of their race, while passes were
readily granted to Tamils and numbers of other races of all
classes. Even Sinhalese lawyers experienced difficulty in
securing passes to proceed to outlying villages to appear in
Courts-Martial and other proceedings.
Of the motor-cars that were commandeered, those belong-
ing to Sinhalese gentlemen alone were retained after the others
were returned. Some of these were put to private use.
All firearms belonging to Sinhalese, even those handed to
watchers of cocoanut plantations, had to be surrendered.
In Colombo and the country districts, the firearms belong-
ing to Sinhalese, including the educated and better classes, were
retained, while those belonging to Tamils, Ceylon Burghers,
and other classes were returned. Europeans alone were not
asked to surrender their guns. The writer's information is
that firearms that have been surrendered by the Sinhalese have
been destroyed.
The Officer Commanding, Brigadier-General H. H. L.
Malcolm, has inaugurated a scheme of village defence, from
which Sinhalese Buddhists are virtually excluded.
This is the first time during the history of British rule in the
island that disabilities have been imposed on, and a racial dis-
tinction has been drawn between the Sinhalese, as such, and
Europeans and other classes of His Majesty's subjects in Ceylon.
Extract from
The Capitulation of Colombo, 1796.
That the citizens and other inhabitants shall be allowed to
follow their occupations, and enjoy all the liberties and privileges
of the subjects of His Britannic Majesty.
— Article XIX., Treaty, February isth, 1706.
Extract from
The Kandyan Convention _, 1815.
The British in the Articles of Cession agreed to save to
The Adigars, Dissaves, Mohotteles, Caraals, Vidaans and all
other chief and subordinate headmen . . . the rights, privileges and
powers of their respective offices, and to all classes of tho people
the safety of their persons and property, with their civil rights
and immunities according to the laws, institutions and customs
established and in force amongst them.
Kandyan Convention, November 2ist, 1815.
52
The religion of Boodho, professed by the chiefs and inhabitants
of these provinces, is declared inviolable and its rites, ministers,
and places of worship are to be maintained and protected.
Kandyan Convention, November 2ist, 1815.
Extract from Proclamation^ 1818.
Every Kandayan, be he of the highest or lowest class, is secured
in his life, liberty and property, from encroachment of any kind
or by any person, and is only subject to the laws which will be
administered according to the ancient and established usages of
the country.
— Proclamation of November 2ist, 1818.
Extract from
" The Ceylon Morning Leader," June 2&thj 1915.
Town Guards in the Provinces.
Scheme by the Brigadier-General.
Guards to be Formed Immediately in AH Towns.
A special circular letter has been addressed by the Hon. the
Colonial Secretary embodying copy of a scheme promulgated by
the Brigadier-General for the formation of Town Guards in the
Provinces, which has been approved of by His Excellency the
Governor. It concludes with the request that immediate steps be
taken to arrange for the formation of Gua'rds in all towns and
small towns where such Town Guards can be formed.
Scheme to Form Town Guards.
To provide for the immediate tackling in future of such riots
as haye recently occurred, in the places where they originated, it
is desirable that every loyal man be made available and organised
into units, where he will learn the particular duty most suitable
to himself.
Formation of Committees.
It is proposed that this be taken in hand at once by local
Oommittees in ejich town, consisting of : —
The Government Agent or Assistant Government Agent of the
District.
The Senior Police Officer, if of the rank of Assistant Superin-
tendent of Police, or Superintendent of Police.
The Senior Volunteer Officer and two other Volunteers to
be named by him.
Two Senior Planters.
Any other person they may wish to add to their number.
Form of Organisation.
These units should be organised on the lines of the Colombo
Town Guard, which has proved useful and suitable to its purpose.
This consists (in addition to a mounted section and half com-
pany of artillery), of : —
Two Combatant Companies — all Europeans.
Four Administrative Companies — mostly Burghers, Malays,
and Muhammadans.
55
A Machine Gun Section
A Transport Section.
Battalion Scouts and Communication Section.
Each Company numbers about 277, all ranks, divided into four
Platoons of some 50 men each, which contain four Sections each
of some 50 men, which contain four Sections each of some 12 men.
The Combatant Companies have Company Scouts, Communi-
cation men, and Judging Distance men.
On these lines a small town might raise one Combatant Sec-
tion and three Administrative Sections, forming a complete Platoon
under a Lieutenant or Second-Lieutenant.
The Combatant Companies have rifles, and practice drill,
training and musketry on a Volunteer basis ; the Administrative
Companies have more the role of Special Constables ; they also
drill and occasionally obtain the loan' of rifles when available.
They have many duties of protection told off to them.
This proposal is not intended to interfere in any way with the
existing Volunteer Forces, for which, indeed, it is likely to pro-
vide recruits.
Action to be taken by Individual Planters.
Individual planters and others who live in isolated places and
for whom Volunteering has no attractions, should be enrolled as
Special Constables, and can each form a separate group of loyal
men from their immediate subordinates, for local action if
necessary.
It is hoped that by this system any band of roughs would be
promptly met by a body of loyal men, who would tackle them
at once before they could extend their operations.
No doubt in time these little Town Guards will cease to exist,
when the necessity for their use passes away ; but the organisation
would remain, and they can be quickly revived whenever the need
for them seems likely.
Uniform: Badges.
The men provide themselves with khaki uniform or if they
prefer it with two khaki arm bands as a distinctive mark, and
Government provides them ,with badges to wear on their shoulder
straps or arm-bands. All the Companies in Colombo have now
got uniform.
Instructors.
The services of the Volunteer Instructors or of any loyal
Volunteer or ex-Volunteer will be utilised to instruct them, as far
as these are obtainable.
Form of Oath.
The men take the Oath of Allegiance and undertake to attend
drills and musketry regularly.
Immediate steps should be taken to raise and organise such
units.
The circular letter, besides embodying the scheme, contains
two annexures, the first being the rules and regulations of the
Colombo Town Guards (Ordinance No. 22 of 1914) and the second
as follows : —
54
Duties which can be Undertaken or in which Assistance
can be given by Members of the Administrative Section.
1. Preservation of order at railway stations, securing
despatch of women and children up-country, assistance in con-
trol of traffic, guarding railway telegraphs to see that stations
are not left by operators, to see the lines are kept working,
supervision of despatch of goods traffic.
2. Guarding telegraphs, post offices, wireless, electric
works, and making preparation to destroy machinery, etc., if
necessary.
3. Concentration and collection of motor cars, bicycles
and other transport; supervision and recruitment of cyclists
for messenger work.
4. Assistance to be rendered in removal of Treasury, cash
in banks, etc., providing carts, guards, etc., removal of
Government records, etc.
5. Distribution of information, notices, etc., taking warn-
ing messages by hand or motor service.
6. Taking possession of firearms in shops, etc., which
may be required in defence of the town.
7. Clearing open spaces that may be required for military
purposes, acting and posting sentries to prevent persons
approaching military lines, etc.
8. Delivery of urgent messages, acting as gallopers, etc.
g. Collection and distribution of ammunition, powder, etc.
10. Control of rice stores, food stuffs, supplies required
for troops, taking steps to prevent their being hidden or
removed from the town.
11. Assisting in controlling traffic generally, and guard-
ing such spots as Kelaniya Bridge, railway crossings, etc.,
keeping undesirable persons out of the town and preventing
rushes at exits or entrances.
12. Guards, when and where additional assistance is
required, and when necessary to relieve troops and Volunteers.
13. Assistance in removing persons and property from
fire areas.
14. Prevention of civil disturbances, bolting of employees,
etc.
15. Protection of railway lines at different points,
with the assistance of native staff, etc., e.g., estate superin-
tendents could help with coolies, etc.
16. Recruiting and distribution of labour forces required,
e.g., drainage, overseers can transport and supervise all coolies
required for digging trenches, etc., organisation of labour; em-
ployers of labour can extend scheme to their own employees.
17. Assistance at hospitals, distribution of medical stores,
ambulance work, etc.
18. Selection of stores and other buildings, supervision of
requirements for their use.
55
52. The last mail papers from Ceylon publish the draft of
a new law to be passed forthwith, constituting a Special Tribunal
for " the trial of certain persons, now detained under Martial
Law, who are not charged with acts of violence or direct incite-
ment to, or complicity with, acts of violence." Presumably the
" persons " here indicated are the gentlemen who were com-
mitted to prison in June last and are still in confinement with-
out a charge and without a trial. The provisions of the new
Act, it will be seen, are not specific, and are given a retrospec-
tive effect.
Extract from
" The Ceylon Morning Leader /' July ibth, 1915.
Provision of a Special Tribunal for Cases of Sedition
and Cases of Public Disorder.
The following Draft of a proposed Ordinance was published
on Saturday as a " Government Gazette " Extraordinary : —
An Ordinance to Amend "The Criminal Procedure Code,
1898."
Whereas it is expedient to amend " The Criminal Procedure
Code, 180,8 " : Be it therefore enacted by the Governor of Ceylon,
by and with the advice of the Legislative Council thereof, as
follows :
1. This Ordinance may be cited as " The Criminal Proce-
dure Code (Amendment) Ordinance No. of 1915."
2. The following section shall be added to the Criminal
Procedure Code, 1898 : —
44oA (i). In the following cases, that is to say (a)
in the case of any offence under section 120 of the Penal
Code (hereinafter referred to as " sedition "), (b) in the
case of any other offence which by reason of civil commo-
tion, disturbance of public feeling, or any other similar
cause, the Governor may consider to be appropriately
triable in the manner in this section provided, the Governor
may by warrant under his hand direct that the person
charged shall be tried at Bar without a jury by three
Judges of the Supreme Court.
(2) A trial under this section may be held either upon
indictment or upon information exhibited by the Attorney-
General, and the limitations of Section 385 shall not apply
to an information so exhibited.
(3) A trial under this section shall proceed as nearly
as possible in the manner provided for trials before the
Supreme Court, subject to such modifications as may be
ordered by the Court, or as may be prescribed by Rules
under this Code.
(4) A person directed to be tried under this section
shall not be admitted to bail without the consent of the
Attorney-General.
56
(5) In any trial for sedition under this section not-
withstanding anything contained in the Penal Code, and
notwithstanding that the offence was committed before the
enactment of this section, the Court may impose any sen-
tence which might be imposed under the law for the time
being in force in England.
Provided that in the case of any offence committed before the
enactment of this section had no sentence shall be imposed upon
the person convicted which might not have been passed upon him
if this section had not been enacted, whether under the Penal Code
or otherwise.
Summary of Objects.
The objects of this Ordinance are : —
1. To provide a permanent special tribunal for the trial
of certain classes of cases, which, whether by virtue of their
own nature or the circumstances of the time, are not appropri-
ately triable by jury.
2. To provide a more adequate and elastic punishment
for cases of sedition tried before this tribunal than is allowed
by the present law.
3. To provide for the trial of certain persons, now de-
tained under Martial Law, who are not charged with acts of
violencev or direct incitement to, or complicity with, acts of
violence.
The Coming Legislative Council Session.
The publication of the draft Budget and of the urgent Ordi-
nances which it is proposed to enact shows that the Government
proposes to open the new Session of the Legislative Council at
an early date. Perhaps the formalities of a new Session may be
dispensed with, and the Council may meet without any eclat to get
through its important business. We take it that the first meeting
will not be delayed beyond the first week in August, for the Council
has a great deal to do, and will need some time for all the work it
has before it. Besides, it is possible that, apart from the business
arranged by the Government, the unofficial Members may have
contributions of their own to make to the work of the Session, and
all this will certainly require more than seven or eight meetings.
We have not the space to-day for any comment on the Budget, but
have no doubt that every student of public affairs will mark the
figures with care, and note the influence upon our administrative
outlook produced by the war.
53. The effect of the present policy, it is submitted, would
be the crushing out of existence of the Sinhalese, as a people,
in the centenary year of their Union with Britain. Its continua-
tion, it is apprehended, would deeply rankle in the minds of a
nation who are the most loyal of any in the Empire.
The distrust that these harsh measures have called forth
has created the feeling in the country that they have been in-
spired by the civil authorities as a means of suppressing the
Buddhist leaders of the Temperance movement, who, with the
co-operation of European missionaries and Christian Temper-
57
ance bodies in Ceylon and in England, had in a 'great measure
successfully opposed the excise policy of the Local Government.
The arrest and imprisonment, without charge, of the most
prominent Temperance leaders, men of tried fidelity to the Crown
and unblemished character, lends colour to this suggestion.
Speaking with a full sense of responsibility on behalf of a
loyal nation, who are fully alive to the privileges of citizenship
in a free Empire, the proceedings above referred to are calcu-
lated to create distrust in the fair administration of justice. I
may be allowed to call your attention to one recent exhibition
of this fidelity in the crisis of the Empire. Not satisfied with
the equipment of a European contingent for the front, the people
of Ceylon clamoured for active participation in the war against
His Majesty's enemies. The Secretary of State sanctioned a
contingent, to consist of 100 Ceylonese, on the recommendation
of the Governor, Sir Robert Chalmers. Men were forthcoming,
and passed the test required, but, unfortunately, the Brigadier-
General, H. H. L. Malcolm, who appears to be misinformed in
regard to the capacity of the Ceylonese for military service, im-
posed a further test on the Ceylonese selected, that they should
hold with their stretched-out right arm a rifle by the small of
the butt, retaining it in a horizontal position for sixty seconds.
As a large number could not pass this severe test, the contingent
fell through. This was a grievous disappointment to the people
of the island, whose feelings had been previously hurt by a state-
ment made by the Brigadier-General when addressing the Euro-
pean Town Guard, that the Ceylonese did not come of fighting
stock, and would not be fit even to protect the city in case of
invasion. The Ceylon Volunteer Force, of which the Colonel-
in-Chief is His Majesty the King, mainly consists of Ceylonese,
and holds a high record for marksmanship and efficiency. These
remarks were felt to be a reflection on all the Ceylonese races,
with whose traditions and history the Brigadier-General appears
to be unacquainted. This disappointment was given expression
to in a loyal demonstration of protest at a meeting of the
Ceylonese National Association, a well-recognised and represen-
tative institution. The Hon. Mr. K. Balasingham sought to re-
move the impression by proposing in Council a resolution to
create a " Ceylonese Army," for the consideration of which the
Governor nominated a Committee of the Legislative Council.
58
By reason of the premises, the writer and applicant, on
behalf of those whom he represents, earnestly prays that Martial
Law may be forthwith withdrawn ; that all civilians may be
tried by the ordinary tribunals instead of by Field-Courts-
Martial; that those leaders (as is submitted) illegally arrested
without a charge be forthwith discharged, and that the sentences
of shooting passed may be stayed till their validity has been
decided by the Privy Council or the cases are considered by the
Imperial authorities; that a Royal Commission be appointed to
enquire into the causes and extent of the riots and the adminis-
tration of the Colony under Martial Law.
EDWARD W. PERERA.
5, Pump Court,
Temple, London, E.G.
August 1 2th, 1915.
59
APPENDIX "A."
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a Writ of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
I hereby certify that annexed are certified copies of proceed-
ings in the above matter, to wit : — The petition, the petitioner's
affidavit, the affidavit of Mr. G. L. Cooray, Proctor, the Power
of Appointment of Mr. Cooray, the affidavit of the Officer Com-
manding the Troops, Ceylon, the notice issued on the respon-
dents, the Fiscal's Precept and Report, and the Order and
Judgment of the Supreme Court.
Registrar.
Colombo, July 2nd, 1915.
(L. S.)
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a Writ of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
W. LIONEL DE SILVA, of Flower
Road, Colombo, Petitioner.
Notice allowed.
By Order.
Sd. L. L. Daniels,
Dy. Regtr.
26/6/15.
On the 26th day of June, 1915.
The humble petition of the petitioner ab'ove named, appear-
ing by Gerald Lionel Cooray, his Proctor, states as follows : —
i. The petitioner is a nephew of the above-named
Wilmot Arthur de Silva, Justice of the Peace for the
Western Province.
6o
2. On June 2ist, 1915, the said Wilmot Arthur de
Silva was arrested and taken into custody by certain per-
sons and removed from his residence in Colombo to the
prison at Welikada, and has since been and is now in the
custody of the Superintendent of the said prison.
3. The petitioner is credibly informed that no charge
whatever has been made against the said Wilmot Arthur de
Silva.
4. At the date of the said arrest peace and tranquility
prevailed in the island, and all the Courts in the island
were sitting and administering justice without any inter-
ruption or hindrance. Such peace and tranquility continued
ever since.
Wherefore the petitioner prays for a writ of Habeas Corpus
directed to the said Superintendent of the said prison and to
each and every the officer or officers, person or persons, having
the custody of the said Wilmot Arthur de Silva to produce the
said Wilmot Arthur de Silva before this Honourable Court.
2. That the said Wilmot Arthur de Silva be dis-
charged.
3. For such further or other relief as to this Court
shall deem meet.
(Signed) G. L. COORAY,
Proctor for Petitioner.
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a \Vrit of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
W. LIONEL DE SILVA, of Flower
Road, Colombo, Petitioner.
I, W. Lionel de Silva, of Flower Road, Colombo, solemnly,
sincerely, and truly declare and affirm as follows :—
i. I am a nephew of the above-named Wilmot Arthur
de Silva, Justice of the Peace for the Western Province.
6r
2. I am credibly informed and verily believe that on
the 2ist of June, 1915, the said Wilmot Arthur de Silva
was arrested and taken into custody by certain persons, and
removed from his residence in Colombo to the prison at
Welikada, and has since been and is now in the custody of
the Superintendent of the said prison.
3. I am informed and verily believe that no charge
whatever has been made against the said Wilmot Arthur
de Silva.
4. Through my Proctor, Mr. G. L. Cooray, I applied
to the said Superintendent of the said prison for a copy of
the warrant or authority upon which the said Wilmot
Arthur de Silva was being detained. The said Superin-
tendent of the said prison refused to comply with my re-
quest.
5. At the date of the said arrest peace and tranquility
prevailed in the Island, and all the Courts of the Island
were sitting and administering justice without any inter-
ruption or hindrance. Such peace and tranquility has con-
tinued ever since.
Signed and affirmed to at Colombo on
this 26th day of June, 1915.
(Signed) WILTON LIONEL DE SILVA.
Before me,
(Signed) M. M. MARKAR, J.P.
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a Writ of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
W. LIONEL DE SILVA, of Flower
Road, Colombo, Petitioner.
I, Gerald Lionel Cooray, make oath and say as follows : —
1. I am the Proctor of the above-named petitioner.
2. I saw Wilmot Arther de Silva above named at the
Welikada Prison on the 26th June, 1915, and once pre-
viously.
62
3. On the said 26th June, 1915, I was informed by the
said Wilmot Arthur de Silva, and verily believe, that when
he was arrested on the 2ist June, 1915, he asked the persons
arresting1 him on what charge he was being arrested, and
that he was told in reply that all that the said persons could
say was that he was arrested under Martial Law, and that
the said Wilmot Arthur de Silva has never been informed
of any charge against him.
Signed and sworn to at Colombo on this
26th day of June, 1915*
(Signed) G. L. COORAY.
Before me,
(Signed) M. M, MARKAR, J.P.
True Copy.
KNOW ALL MEN BY THESE PRESENTS THAT
have nominated, constituted, and appointed, and do hereby
nominate, constitute, and appoint Gerald Lionel Cooray, Proc-
tor, of the Honourable the Supreme Court of the Island of
Ceylon, or, in his absence, any other Proctor or Proctors, of the
said Honourable the Supreme Court or of the District Court of
Colombo, to be my true and lawful Proctor, and for me and in
my name and behalf before the Supreme Court of Ceylon to
appear and this Proxy to exhibit, and by virtue hereof to apply
for a Writ of Habeas Corpus against the Superintendent,
Prison Welikada, to produce Wilmot Arthur de Silva of
Colombo, AND to draw, receive, and take all moneys that may
be recovered, deposited, or paid in this suit for and in respect of
my claim and costs, and without notice to me to move for and
obtain in his name any order or orders from the said Court for
the payment of any sum or sums of money that may be re-
covered, paid, or deposited therein, and to give all necessary
receipts, releases, and discharges therefor; and, if need be, to
refer the said claim and all or any matters in respect of the action
instituted by virtue of these proceedings to the award and deci-
sion of arbitrators, and to name an arbitrator for that purpose,
and to sign my any motion, application, sub-
mission, or bond for the purpose of the arbitration, and to
appear before the arbitrators, and to take all steps in respect
of any award on such submission or references as to the said
Proctor shall deem necessary; and generally and otherwise to
63
take all such lawful ways and means, and to do and perform
such acts, matters, and things as may be needful and necessary
in and about the premises as my said Proctor or his substitute or
substitutes may consider necessary towards procuring or carry-
ing into execution any judgment, or order, or a definitive sen-
tence, or final decree, to be made and interposed herein; and
from any judgment, order or decree, interlocutory or final, of
the said Court appeal ; and every bond or recognisance whatso-
ever necessary or needful in the course of proceedings for the
prosecution of such appeal, or for appearance, or for the per-
formance of any order or judgment of the said Court for and in
my name, and as my act and deed, to sign and deliver and to
appoint, if necessary, one or more substitutes, or Advocate or
Advocates, both in District Court and Supreme Court, and again
at pleasure to revoke such appointment and appoint anew.
AND ALSO, if the said Proctor shall see cause the said action
or suit to discontinue, compromise, settle, or refer to arbitration,
and every such compromise, settlement or reference in my name
and behalf to sign, and to make a rule of Court, I hereby pro-
mising to release all kinds of irregularities, and to ratify, allow
and confirm all and whatsoever the said Proctor or his substitute
or substitutes, the said Advocate or Advocates, shall do herein.
IN WITNESS whereof I have hereunto set my hand at
Colombo, this 26th day of June, 1915.
The address for service of process under the provisions of
the Civil Procedure is at 115, Hultsdorf.
(Signed) WILTON LIONEL DE SILVA.
WITNESSES :
True Copy.
Registrar.
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a Writ of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
I, Henry Huntly Leith Malcolm, Brigadier-General, Officer
Commanding the Troops in Ceylon, make oath and say as
follows : —
64
Wilmot Arthur de Silva, the person referred to in the peti-
tion in this case, was arrested and is now detained by my orders
in pursuance of my powers under Martial Law.
Signed and sworn to at Colombo, on this
2/th day of June, 1915.
(Signed) H. H. L. MALCOLM,
Before me : Commanding Troops, Ceylon.
(Signed) R. E. STUBBS,
Justice of the Peace.
True Copy.
Registrar.
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a Writ of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
W. LIONEL DE SILVA, of Flower
Road, Colombo, Petitioner.
To the Honourable the Attorney-General,
Colombo, Ceylon.
To the Superintendent of Prison at Welikada,
Colombo.
Upon reading the petition of the petitioners above named,
dated the 26th day of June, 1915, and upon the motion of Mr.
Advocate A. St. V. Jayawardene, Counsel for the said peti-
tioner, it is hereby ordered that the Superintendent of the Prison
at Welikada to show cause why an order should not be made
directing him to produce the body of the said Wilmot Arthur
de Silva, now in his custody, on Monday, the 28th day of June,
I9I5> at 9-45 o'clock in the morning, before the Supreme Court
of Ceylon at Hultsdorf.
Witness the Honourable Sir Alexander Wood-Renton, Kt.,
Chief Justice, at Colombo, the 26th day of June, in the year of
Our Lord One thousand nine hundred and fifteen, and of our
Reign the Sixth.
(Signed) LLOYD L. DANIELS,
True Copy. Deputy Registrar.
Registrar.
65
PRECEPT TO FISCAL TO SERVE NOTICE.
IN THE SUPREME COURT OF THE ISLAND OF CEYLON.
In the matter of the application of W.
Lionel de Silva, of Flower Road,
Colombo, for a Writ of Habeas Corpus
for the production of the body of Wilmot
Arthur de Silva.
W. LIONEL DE SILVA, of Flower
Road, Colombo, Petitioner.
To
The Fiscal of the Western Province.
Serve forthwith the notices in the above-named matter
which, with duplicates, is herewith transmitted to you, upon each
of the persons to whom it is directed, and leave with or tender
to each such person a duplicate notice.
And certify to this Court on or before the 26th day of June,
1915, at 9.45 a.m., in what manner you have executed this Pre-
cept, returning the original notice attached to your Certificate
as an exhibit.
By order of the Court.
(Signed) LLOYD L. DANIELS,
Deputy Registrar.
The 26th day of June.
True Copy.
Registrar.
Application for a Writ of Habeas Corpus
the Production of the body of Wilmot
Arthur de Silva.
A. St. V. Jayewardene, Allen Drieberg, and Samarawick-
reme for the applicant.
The Attorney-General and Bawa, K.C., A.S.G., for the
Crown.
Wood-Renton, CJ. : —
This is an application under section 46 of the Courts
Ordinance for a mandate in the nature of a writ of Habeas
Corpus. The affidavits submitted by both sides show that the
applicant, Wilmot Arthur de Silva, was arrested on June 2ist,
and is being detained in military custody, by the orders of the
General Officer Commanding the Troops, who has justified the
66
arrest and the detention on the ground that he is acting in the
exercise of his powers under Martial Law. By virtue of a Pro-
clamation, dated August 5th last year, bringing into operation
an Imperial Order in Council of October 24th, 1896, all persons
in this Colony are subject to military law as if they were actually
accompanying His Majesty's Forces. By a later Proclamation,
dated June 2nd in the present year, His Excellency the Governor
declares that the maintenance of order and the defence of life
and property in the provinces to which the Proclamation shall be
made applicable have been committed to Brigadier-General
Malcolm, the Officer Commanding the Troops, and that he is
authorised " to take all steps of whatever nature that he may
deem necessary for the purposes aforesaid." This Proclama-
tion is in force in the Western Province, within the limits of
which the applicant has been arrested. The question now
arises whether he is entitled to be released from custody by the
issue of a Habeas Corpus. The principles of law applicable to
the determination of this question are well settled. We are con-
cerned here with Martial Law in the sense not of the old law
martial, which governs the discipline of an army engaged in
actual, and especially upon foreign service, or of the modern
military law, but of the assumption by the Officers of the Crown
of powers which they deem necessary for the protection1 of the
Colony in view of the existence of what is known as an " actual
state of war." This expression is not confined to hostilities
between independent Sovereign States. It is obvious that there
may be domestic disturbances which present all the features of
actual warfare, and which justify the same measures for the
public security. The question whether an " actual state of
war," as thus defined, exists or not is purely one of fact. The
circumstance that the ordinary Courts are open may constitute
evidence, and material evidence, against the existence of such a
state of war. But it is not conclusive. It is, least of all, con-
clusive where a country is in a state of unsettlement at a time
when actual acts of violence may for the moment have ceased.
The authorities, when they have to deal with such circumstances
as these, may well regard the keeping open of the municipal
tribunals as being itself a part of the healing process which it
must be their endeavour to induce. No authority was cited to
me at the argument yesterday, and I am aware of none, which
67
prevents the continuance of the exercise of the powers, compen-
diously described as existing under " Martial Law," during
such a period of unsettlement as I have just referred to. On the
contrary, the decision of the Privy Council in the case of Elphin-
stone v. Bedreechund (i) itself furnished an example of the con-
tinuance of Martial Law powers in a district which at the time
was merely disturbed, and in which the ordinary Civil Courts of
Law were for many purposes being kept open. The more recent
case of Ex parte Marais (2) furnished strong corroboration of
the soundness of that principle. The position of the municipal
Courts in regard to Courts exercising Martial Law powers is
clear. There is old and ample authority for the proposition
that the superior Courts of law have full power to review by the
issue of writs of Habeas Corpus the legality of arrests and
detentions under the ordinary naval and military law, see Ex
parte Blake (3), King v. Suddis (4), In re Allen (5), In re Douglas
(6), and Queen v. Cuming (7). But where Martial Law in the
sense with which we have to do in the present case is involved,
the function of municipal Courts is limited. They have the
right to inquire, and the duty of inquiring, into the question of
fact whether an " actual state of war " exists or not. But
when once that question has been answered in the affirmative,
the acts of the military authorities in the exercise of their Martial
Law powers are no longer justifiable by the municipal Courts.
The decision of the Privy Council in Ex parte Marais (2), a
decision pronounced by Lord Halsbury, but concurred in by
Lords Macnaughten, Davey, Robertson, Shand, and Lindley,
and Sir Henry, afterwards Lord De Villiers, is an express and
binding authority for that statement. It remains only to consider
the application of these principles to the facts. Mr. A. St. V.
Jayewardene, in his argument in support of the application,
said, at least in effect, that the proclamation of Martial Lavi
could not be justified solely by the existence of the war in
Europe. The phrase the " war in Europe " is clearly inaccu-
rate. The war exists far beyond the limits of Europe. The
whole Empire is at present at war, and its resources are being
drawn upon in all directions for military purposes. Ceylon,
therefore, as well as England, is in an " actual state of war."
But there is more. We have had placed before us in the argu-
ment of counsel, and there are some points of which we are
68
entitled to take judicial notice, a series of circumstances show-
ing that the domestic disturbances which have been the imme-
diate occasion of the proclamation of Martial Law had them-
selves assumed the character of warfare. There is no need
for me to deal with this aspect of the case in detail. When we
regard the position in which the whole Empire is placed, I
should have had no hesitation in holding that the disturbances
in question were of themselves sufficient to justify the action
which has been taken. The Attorney-General states from his
place at the Bar, and on adequate instructions, that in the
opinion of His Excellency the Governor the time has not yet
come for a relaxation of Martial Law in this Colony. In view
of all the circumstances, the utmost weight must be attached
to a statement of that kind. We have, on the other side, merely
the facts which, as I have already shown, are far from being con-
clusive to law, that the ordinary Courts of Justice are open and
that actual outbreaks of violence have, for the time being, in a
large measure ceased. There is one point only to which I have
omitted to refer. The. Proclamation of June 2nd, of course, is
in no way necessary to give Martial Law its efficacy and validity,
any more than it would constitute an ultimate justification for
acts in excess of what the needs of the hour require. It is merely
what it purports in terms to be, a declaration to the whole com-
munity of the assumption by the Executive Government of
powers which it already possesses. With these observations,
and for the reasons which I have given, I hold that this appli-
cation must be dismissed.
Colombo, June 29th, 1915.
True Copy.
LLOYD DANIELS,
Deputy Registrar.
(1) (1831) i Knapp, 316.
(2) (1902) A.C. 109.
(3) (1814) 2 M& S 428.
(4) (1801) i East 306.
(5) (1850) 3 Ellis & Ellis 328
(6) (1842) 3 Q.B. 825.
(7) (1887) i9Q.B.D. 12.
6g
APPENDIX " B."
Editorial, " Ceylonese," June qfti, 1915.
(Under Censorship.)
" It is a relief to be able to record this morning that the
situation, so far as Colombo is concerned, is fairly well in hand,
and that matters are improving with the sterner measures now
in force.
" It is, however, still too early to discuss the origin of the
strange outbreak of violence that spread over a good portion of
the country like a tidal wave, and this is certainly not the
moment to apportion blame. To do so would make confusion
more confounded. Rather than attempt to concoct theories
calculated to delude the public and mislead the authorities, we
should, we think, consider what steps would seem advisable at
the present juncture with a view to restoring peace and goodwill
and clearing up misunderstandings. The comparative quiet of
the last twenty-four hours has probably brought a good many
of us back to our senses, and convinced us of the utter folly and
general undesirableness of continuing to upset the normal state
of things.
' The first thing that should strike the thinking man is the
necessity of each of us convincing our neighbour that it is time
\ve got back to our ordinary business, one to his field and
another to his merchandise. We note that influential members
of either community are moving in this direction. We think
that if their efforts are supplemented by similar action on the
part of the general public, and the same spirit of conciliation is
observed, the prospect would be all the more hopeful.
' * Tact is the supreme necessity at this moment, and imput-
ing motives of any kind would be the worst madness imaginable.
One thing that has to be borne in mind as the strongest argu-
ment for resuming the normal is the impending danger of a
shortage of foodstuffs. There are numbers of helpless women
and children who will suffer when supplies are not to be had in
the market.
" The pinch of distress cannot but be felt if the disturbances
continue any longer. To-day there are but few boutiques, and
those few almost depleted of their stocks. Meat is scarce, and
7°
even vegetables are not easily got. There may be enough rice
in, the country, but so long as business is at a standstill we can-
not expect rice to be on retail sale or to be despatched up-
country. The possible danger of trouble resulting from a short-
age of food ought to make even the riotous themselves pause,
for it would be nothing short of suicidal to continue to their own
detriment. All communities are bound to suffer by the closing
of the markets.
"Up to now the riots have been characterised by an absence
of damage to public property or of hostility to non-Moorish
communities. Hereafter some anxiety ought to be felt that the
general public may be called upon to suffer inconvenience owing
to a misunderstanding between two particular communities only.
" Persuasion on such lines as we have endeavoured to mark
out above would, we think, succeed, and hence our comment.
" We do not forget that the authorities have already taken
extreme measures to suppress lawlessness, but it is also true
that such a measure as the shooting down of British subjects is
resorted to only when law-breakers refuse to listen to reason, or
to heed a timely warning.
** While on the subject of shooting, it is regrettable that
any deaths should have to be attributed to accident, or to indis-
criminate firing. We hope that where the rifle is used, it will
be with deliberate aim, and only at those of whose guilt there
is no room for doubt, for in dealing with an unarmed crowd no
undue haste is called for."
71
APPENDIX " C."
Editorial, " Ceylonese," June gth, 1915.
(Censored.)
"In its comments on the events of the last few days through-
out the Island, an evening paper in its Monday issue, takes
upon itself to assume that the riots were the outcome of a con-
spiracy, thereby creating an impression in the minds of the
authorities which may do a great deal of unnecessary harm
where the people of the country are concerned.
" The article is so mischievous in its import that we doubt
whether any level-headed European could be so ungenerous as
to suggest what it does. The harm it could do is enormous, as
it may mislead the authorities, for one thing, and in the second
place give an opportunity to those who are not too well-disposed
.owards the permanent population to make capital of it, and
:ast undeserved aspersions on the richer and more influential
classes.
' The least the Press can do at this juncture is to preserve
i discreet silence on the matters that are now under close
nvestigation, instead of helping to fix a stigma on the whole
3eople, which it may take generations to efface, by means of
lints and insinuations utterly uncalled-for.
" If anything is plain to an unprejudiced onlooker, it is
hat there has been no organisation nor anything that suggests
a widespread conspiracy.
" In a country like Ceylon, where there are so many dis-
cordant elements, secrecy in such a case would have been an
absolute impossibility. And where are the elements that go to
Drove a prearranged scheme?
" A Wesak incident occurs at Kandy, the like of which is
nothing new in the history of the Island, as a dozen such dis-
turbances have already occurred at various places in past years.
"In Colombo a trifling incident takes place by the custodians
jf the public peace, and the mob — composed of the riff-raff of the
own — took the upper hand, and, reinforced by habitual and
similar undesirables, committed mischief which could even then
iave been put a stop to if greater firmness had been used.
72
" What occurred outside Colombo was largely the result of
unfounded rumours, each party believing that the opposite party
was marching on them to exterminate them.
"As we have already stated in a previous issue, the supreme
necessity of the moment is tact in dealing with a very serious
situation. What has occurred up to now is nothing but law-
lessness, pure and simple, without any political significance
whatever, and no thinking man but deplores the unexpected
outbreak and its possible consequences.
" A searching enquiry into what has taken place is the
most welcome thing that can happen in the view of the more
sensible portion of the population.
;< Pending the result of the enquiry, which we hope will be
conducted in a calm and judicial temper, we earnestly hope
no insinuations will be made by the Press, and we can rely upon
His Excellency to do plain justice in a matter which may largely
influence the future of the permanent population of the country."
73
APPENDIX " D.i'
Editorial, " Morning Leader/1 June QtH.
(Under Censorship.)
" Renter's telegram summarises the official reports issued
by the Colonial Office in Downing Street on the information of
H.E. the Governor to the British authorities.
" The telegram makes saddening reading to the Ceylonese,
whose good reputation for peace and tranquility stood high.
The official reports have conveyed to the British authorities the
impression that the rioting was due to a sudden outbreak of
racial and commercial animosities.
" We have no doubt that directly the last vestige of the
trouble is quiet, the local authorities will hasten to make it clear
to the British people that the Island is quiet and peaceful once
more, and that the Ceylonese have resumed their normal charac-
ter of quiet, law-abiding people.
" In this connection, it may not be inappropriate to say
that stern and prompt as has been the punishment of those actu-
ally caught looting and rioting, those who spread false rumours
and needlessly alarmed large sections of the population ought
to be dealt with even more sternly.
" It was the circulation of false rumours that, for instance,
alarmed the people of the northern suburbs and led them to
imagine that the Catholic Churches at Grand Pass and Kota-
hena were desecrated. The Catholics, on receipt of this alarm-
ing news, mustered in large numbers and began to march on
Colombo, with the idea of protecting their priests and sacred
edifices from violence. Similarly, utterly false rumours carried
inland through Kelaniya, Heneratgoda, and Veyangoda
alarmed the rural populations along this route, and they got
ready to protect themselves and their Temples against an ima-
ginary attempt at aggression by the Moors.
" It is fairly certain that the circulation of false rumours,
and the inability of those alarmed to get at the truth, at once
went a long way to rouse the masses around Colombo, and to
keep up a state of suspense even within the city.
" We believe in Kandy, too, something of the same kind
tended to prolong the disturbances, by creating alarm in the
popular mind and inducing large sections of the people to be on
the alert with weapons of all sorts in their hands."
74
APPENDIX " E."
Editorial, " The Ceylonese," June i$th, 1915.
(Under Censorship.)
;< It was not our intention to revert to the subject of the
recent troubles till after normal conditions had been established
by the suppression of the riots and the punishment of the rioters.
But certain facts have forced themselves on our notice which
make it imperative that we should say a few words, as much for
the benefit of the authorities, who are trying their best to deal
with a difficult and serious situation, as in justice to the per-
manent population of this country, whose interests it is our
duty to watch and safeguard.
" We have been scrupulously careful not to say or do any-
thing which would in the slightest degree embarrass the authori-
ties at this moment. Our sole endeavour from the commence-
ment of the trouble has been to render to them whatever assist-
ance lay in our power in the task of restoring peace.
" We realise that an extraordinary situation has been
created, calling for extraordinary measures, and we have
nothing to say against the measures that have been adopted
with a view to suppressing the disturbance and punishing the
offenders.
" Anybody who has had a hand in the dastardly and lawless
acts in question deserves neither sympathy nor mercy, and if
anyone who does not belong to the rowdy or the criminal class
is proved to have had any connection with them, his punishment
should be much more severe than in the case of members of
those classes.
" In the circumstances, it is also, perhaps, inevitable that
a few innocent men, too, may have to suffer along with the
guilty. These must bear up with equanimity, if not with cheer-
fulness.
" We have reason, however, to believe that endeavours
are being made by certain designing men to exploit the present
situation to pay off their private grudge or to advance their
selfish interests, and this is the matter to which we desire to
refer on the present occasion.
75
" There are some people among us who will find it difficult
to resist the temptation to take full advantage of the opportunity
to run down the whole Sinhalese people, and to harass and, if
possible, entirely to crush the more important of them.
" There are among the Sinhalese themselves men who will
try to prove their own worth by showing how unworthy all their
fellow-countrymen are. Nothing will delight some men so
much as to see the whole Sinhalese race branded as criminals,
and the more influential and wealthier men penalised for the
offence of the rioters.
" A few thousand rowdies do not constitute the Sinhalese
race, and it is a matter of common knowledge that the bulk of
the Sinhalese people had nothing whatever to do with the mad
lawlessness of the rioters, while hundreds of the more educated
of them rendered yeoman service to the authorities in quelling
the disturbances and protecting the Moors.
" We court the fullest enquiry into the whole matter, but
we trust the enquiry will be conducted by European officials,
unhampered by unscrupulous and self-seeking meddlers, and
that every endeavour will be made to discriminate between the
guilty and the innocent.
" We feel that the situation is a difficult one, but we have
sufficient faith in British justice, and sufficient confidence in the
British official, to know that nothing un-British will be done."
Printed by EDWARD HUGHES &• Co.
12, Well Court, Bow Lane.
LONDON, E.G.
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