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6 ‘ a > THE DAILY WORKER. (NSE osetia ih atl cana relia sasctae Published by the DAILY WORKER PUBLISHING CO. | 1118 W. Washington Bivd., Chicago, Ml. (Phone: Monroe 4712) SUBSCRIPTION RATES By mall: $3.50....6 months $2.00....8 months By mail (in Chicago only): $4.50....6 months $2.60...8 months Lf $8.00 per year A@dress all mail and make out checks to THE DAILY WORKER 1113 W. Washington Bivd. J. LOUIS ENGDAHL WILLIAM F. DUNNG yeeros EaCItOre MORITZ J. LOEB.......seee-Business Manager Chicago, Ilinels Entered as second-class mail Sept. 21, 1923, at the Post- Office at Chicago, Ill, under the act of March 3, 1879. <> 20 Hughes Makes His Exit ~ One of the worst enemies of Soviet Russia in the Coolidge administration at Washington is getting out. Charles Evans Hughes, secretary of state, has handed his resignation to the president. Sam Gompers, the late head of the American Federation of Labor, ally of Hughes against the First Workers’ Republic, was removed by death. Hughes fetires to make money as a corporation lawyer. The out- look for the recognition of Soviet Russia grows brighter. Coolidge has picked another corporation lawyer, Frank B. Kellogg, to succeed Hughes. Kellogg and Hughes are two lawyers of the same stripe. They both won political prominence thru fooling the voters. Hughes attacked the big insurance companies and became governor of New York state. But later he was considered “safe” enough to go on the United States supreme court, and in 1916 he ‘was the republican candidate for president. Altho Hughes was defeated, Harding, four years later, made him secretary of state; perhaps the best Advertising rates op application agent American imperialism has ever had. He was, better known as the “secretary of oil.” Kellogg also carried on a fake attack against big business. He was a “trust buster” under Rooseyelt. The popularity he won as a would-be smasher of big business combines sent him to the U.S. senate. But the workers and farmers in Min- nesota woke up sufficiently to retire him and elect a farmer-laborite in his stead. Big capitalism takes care of its servants, however. Kellogg was sent as American ambassador to London,:- and now he is to be secretary of state. Kellogg will be a good secretary of state for American imperialism. If Kellogg is told to con- tinue the Hughes’ policies against Soviet Russia he will do so, like any good office boy of the big business interests. If Wall Street feels that it is “losing out to western Europe in capturing the trade} of the First Workers’ Republic, then Kellogg will be ordered to get in closer touch, than Hughes ever did, with Senator Borah, head of the foreign rela- tions committee, who has been an ardent advocate of the recognition of and the opening of trade rela- tions with Soviet, Russia. Borah has his own ideas about what the foreign}, relations of the United States should .be. Big busi- ness isn’t worried that Borah has an opportunity to give voice to these ideas on the floor of the senate. It has the secretary of state’s office, which carries policies into effect, in its ewn grip. All of which shows what a cleverly: arranged organization the American capitalist state really is. Hughes is defeated for president. But for four years he has been one of the most powerful figures in the capitalist state. Kellogg was overwhelming- ly repudiated by the workers and farmers of his own state. But now he rises to a position, third in line for the presidency. If President Coolidge and Vice-President Dawes should die, or become in- capacitated, Kellogg would become president. An- other similar instance is that of William Howard Taft, chief justice of the United States supreme court. Taft suffered a crushing defeat for the presi- dency in 1912, carrying only two states. But he was raised to a position where he now has a veto power over the acts of congress itself. With these changes made in the president’s cab inet, the exploited workers and poor farmers every where must intensify their agitation for full recog nition of Soviet Russia; for the opening of trad relations with the First Workers’ Republic. Bu this struggle should also teach all labor that com plete victory finally comes only thru the abolition of the capitalist state, and the creation of Soviet rule in its stead. In place of the Wall Street rule of Coolidge, Hughes and Kellogg, the liberating rule of the whole working class. President John L. Lewis can read the handwrit- ing on the wall in the figures showing the results of the elections in various miners’ unions over the country. Reaction is getting some stiff jolts. If the progressive miners keep up their excellent work, reaction will soon be hanging on the ropes. It.ought to be a real knockout. Harry M. Daugherty, ousted attorney general, is bar in Washington attending receptions at the Wh 2’ House. And then the kept press wonders -#y the crime wave is rising higher and higher. Just as if the little fellows weren’t entitled to their petty plunder as well as the big thieves with their rich hawls. Tomorrow the DAILY WORKER starts making history for its “second year.” Get behind your Daily and help. ; Every day get a “sub” for the DAILY WORKER and a member for the Workers Party. THE DAILY WORKER Child Labor The Mansfield News (Ohio) is against the pro- posed child labor amendment. It calls it the “com- pulsory idleness amendment.” Our contemporary has learned that the DAILY WORKER favors the amendment and quotes the following from the Workers Party statement on the question, unap- provingly : “To compel*the legislatures to immediately tatify the child labor amendment to the constitution. Compel the state and federal legislatures to pass a law providing for full government maintenance of all school children of workers and poor farmers, without which, the Workers Party declares, a child labor law would be useless.” What angers the plute sheet is the Workers Party demand that the money to provide for the maintenance of poor school children should come out of the pockets of the rich thru a tax on high incomes. This is considered pernicious and a step “in the direction of the Communist organization of the nation.” The capitalists do not want any government in- terference with the business, of turning the flesh and blood of little children into dollars. They do not object to government ‘aid, however, when sol- diers and police are needed to break strikes. When the government is urged to depart from its mission of looking after the interests of the capitalists sole- ly, even for such a small reform as the child labor amendment, the money barons rogr with anger and declare that the home and the family and all the workers are endangered because they may not be allowed to exploit the labor of youth to their heart’s content. R There will be child labor so long as capitalism exists. Only the establishment of a Communist society will bring an end to the exploitation of human beings, old and young. The last day of the, first year of the DAILY WORKER. Tomorrow we start the second year. Let all readers of the DAILY WORKER pledge themselves to help make it a big year. The Klan and Kansas The supreme court of the state of Kansas has delivered a decision which makes it rather difficult for the ku klux klan to function in that part of the United States of America. The court issued an order ousting the klan from the state, but curiously enough, the decision was not based on the crimes committed by the klan but on the highly technical provision in the state law pro- hibiting purchase of lodge paraphernalia and sup- plies without a charter in Kansas. Scores of lodges have been functioning in Kan- sas for years in violation of this law, but it was not invoked until now. The klan seems to be out of luck in Kansas, It does not fit somehow. Down in Herrin, Illinois, it got in right with the coal operators and the bankers and the governor. No danger of the kluxers of southern Illinois getting bounced be- cause they happen to overlook such a little “thing as a law. We fear that the imperial wizard in Atlanta was too drunk or too busy running his bawdy ventures to pay enough attention to his incompe- tent kleagles in Kansas. Perhaps the lads were not properly initiated in the art of tarring and feathering strikers, raiding the homes of workers and in general making themselves agreeable to the capitalists, Of one thing we are-certain. The capitalists in “Kansas do not find its kluxers an asset. The British are not willing to give General Dawes credit for concocting the Dawes plan. The point is that Dawes got the credit and cashed in on it in the last election. Now We Can Eat Sardines Again A great part of the publicity which arose over the work of our brother party in France, strangely took the form of a “red menace”*in the form of a strike of fisherfolk and cannery workers in the ardine industry at the village of Douarnenez hich lasted six weeks and was led by a Commun- st mayor. The Communist mayor led the pickets and even fter arrest by provincial police, managed to get ‘ick into the fight, was wounded seriously by endarmes and made an issue in the French par- iament of himself, the strike, and the cust of liy- ing which caused it. Communist agitation aroused all France’ over the strike of the sardine workers of Douarnenez. in the village itself everything was in turmoil— to the eyes of the bourgeoisie, the mayor declared that strikers would pay no rent, stopped evictions, confiseated food from merchants, and generally up- set all the sacred traditions of capitalism. Now, we are glad to say, the dignified ministry of labor at Paris has announced that the sardine workers won the strike, They get an increase of 25 centimes an hour, It was not a revolutionary demand, but the struggle was conducted in a revo- lutionary way. The workers of all the world heard about it. Now that Communist tactics won the strike, we can eat sardines again. It, is reported in Berlin that Henry Ford is fin- anefng the Grand Duke Cyril’s aspirations to the throne of the Romanoft’s, Perhaps Henry will put wings on his flivvers and give the duke “that thrill that comes once in a lifetime.” It will be his last thrill if he ever runs fonil of the giving end of a Russian rifle. t Get a member for the Workers Party and a new subscription for the DAILY WORKER. Monday, January 12, 1925 The Bloody History ; of the Esthonian White Terror (Special to The Daily Worker) REVAL, Esthonia, (By. Mail)— Seven years’ “independence” of the Esthonian shopkeepers and profiteers, seven years of dastardly crimes, shoot- ing and persecution of the revolution- ary workers of Esthonia. This is the record of those seven years. 1919, As soon as they got into power, the capitalist rulers of Esthonia cele- brated the triumph of their “independ- ent fatherland” by a series of out- rageous murders. In the autumn of 1919, the police and secret service men raided the first congress of the Esthonian trade unions, arresting 102 delegates of the congress, representa. tives of the different trade unions, 76 of them were driven to the Russo-Es- thonian border and put in the very front of the battle line and compelled to run forward, towards the Red Army posts, At the same time, firing was started by artillery in the direction of the Russian border in order to pro- voke the Red Army detachments to shoot, and it was only a happy chance that the Esthonian comrades man- aged to reach the Red Army fore posts in safety. The remaining 26 were ar- rested labor leaders were brought at night to Izborsk where they were bru- tally murdered by the Esthonian mar- auders. 1920, In view of the growing revolution- ary consciousness among the working masses, the pseudo-democratic govern- ment suppressed a number of trade union organizations, and at Reval, Dor- pat and other places, hundreds of !a. bor leaders were thrown into jail. 1921. Other revolutionary workers were arrested by the secret police, and in the summer of the same year 115 workers belonging to revolutionary, trade union, co-operative, sport and other labor organizations were put on trial. The majority of the accused were sentenced by the military dis- trict court to eight, ten and twenty years’ penal servitude. 1922 and 1923, ‘New sacrifices were exacted from the working class of Esthonia, In 1922, the working class thruout the world was shocked by the news of the murder of the leader of the Esthon- ian revolutionary movement, Comrade Kingisepp, who was shot within 84 hours of his arrest. In connection with the murder of Comrade Kingisepp, there were whole- sale raids and domiciliary searches and about 80 new victims were thrown ‘nto the dungeons for long terms of ‘letention. In 1923, another yietim fell in the person of Comrade Kreuks, a nember of the E. C. of the party and @ prominent organizer of the masses He was captured and murdered in the street by an Esthonian secret police agent, who shot him down on the spot. The bourgeois press tried to hush up the murder, pretending that it was “purely accidental,” that Comrade Kreuks had resisted the police when being arrested in the street, and so on. 1924, The current year was started by the Esthonian executioners with a number of new crimes. The economic and pol itical position of the Esthonian bour seoisie which loses ground day by day the total economic collapse, the shar} antagonism among the ruling cliques on the one hand, and unemployment, high cost of living and growing discon- tent among the masses on the other hand, drive the Esthonian shopkeep- ers and profiteers to new prosecutions directed against the labor movement. Only = couple of months ago, a young student was sentenced to penal servi- tude for Ife just because a bundle of Communist literature had been found on him. Only a week ago two work- ers were executed for the imere ut tempt, to aid political prisoners in their (scape from the Reval jail. The Accused in the Trial of 149. They consist of the best and most devoted leaders of the labor move ment in Esthonia. Along with a score of active rank and file workers we find in the list of the accused tu the Wsthonian trial the names of promm- inont leaders of the/labor organisa ‘ions: 1, Janson, Alexunder --- Member of ‘he Board of the Usthonian Trade Un ion Council. 4 2. Kangur, Viadimir--- Organizer of the young workers, 3, Allik, Hendrick—-Hditor of labor paper and secretary of Agricultural Laborer’s Union, 4, Keerdo, Paul-—Secretary of the Esthonian Trade Union Council. 5. Tomp, Jan--Chairman of the Es- thonian Trade Union Council. The above five comrades were mem. bers of the National Assembly. 6, Hanesen, August-—-Chairman of the Agricultural Laborer’s Union, “7. Kask, Nadis—Trade Union organ- izer. 8, Leyman, John—Vice chairman of the Reval Trades Council, 9, Jalakas, Anton—Responsible Sec- retary of the. Railway bs ia Un- ion. 10, Rizev, Alexandes—Bécretary of Metal Workers’ Union, organizer of the youth. 11. Kuppar, John—Chairman of the Reval Trade Union Council. 12. Tennison, Julius — Secretary of, the Reval Trade Union Council. 13. Reinson, Alexandra — Chairman of the Esthonian Printers’ Union. 14, Prulian, Rudolt ~ ook of Factory Council. hy 16. Weltson, meters eed of tho Garment Workers’ Union. 16. Kunapu, Olga — Organizer of working women, Chairman of the Es- thonian Trade Union Council. Composition of the Court. All the members of the military dis- trict court at Reval are former tsar. ist officers who now occupy prominent positions in the army. These old tsar- ist officers continue all the cruel cus- toms of the hangmen of. the last of the Romanoffs. In looking at their “solemn” stupid faces one cannot help recalling the court martial of 1905 and the years of tsarist reaction which drowned the Russian revolutionary movement in blood. M. Trakman is the counsel for the prosecution, a former officer in the ezar’s army, now a captain in the Es- thonian army—permanent chairman at all the trials of the workers. Thru his hands have passed more than a score of the best sons of the Esthgn- ian proletariat, who were thrown into dungeons for eight, twelve, fifteen and twenty years’ imprisonment. Among the Esthonian bourgeoisie he enjoys the reputation of a smart and efficient oppressor of the labor movement. M. Gelk, the presiding judge, a lieu: tenant in the Esthonian army, a form. er officer in the czar’s army. The same characteristics as the preceed- ing one. It was he who caused the court martial and murder of the late Comrade Jan Tomp. It was he who insisted on trying the accused on the additional framed-up charge of armed rebellion. Who Are the Defenders? Owing to the provocative attitude of the court and the foreign office in re- fusing the admission of Soviet lawyers led by Comrade Tchlenoy, the accused refused to have counsel, and only some of the accused are defended by law- yers appointed by the court. In court prisoners from the dock exclaim: “Keep your dirty hands off the labor movement of Hsthonia.” This was the answer of the accused to the question of guilt that was put by Gelk, the pre- siding judge. Rose Welston: “I plead guilty in not having succeeded in doing enough for the liberation of the working class of Esthonia, so that you. . . (Comrade Welston wanted to say: should be here in the dock.),” but at this point the presiding judge ordered her re. moval from’ court. Helen Laid: “None of you can be my judge.” (She was led out.) Ida Morganson, a working girl: “The hangman’s court of Reval can- not judge me.” John Tuster: “I do not plead guilty before the class court of the. bour- geoisie. I admit that I acted in the interests of the toilers.” Pauk: “I plead guilty that I fought against the oppressors and exploiters of the workers.” The chairman, apparently did not quite understand the “reply,” for he asked him to state what he meant. Pauk: “It means just what I said.” Olga Kunapu: “I believe that not everyone who rattles his spurs is fit to judge me. Jan Tomp: “TI do not plead guilty before thé court of the government run by the scoundrels of Esthonia.” Viadimir Kaugur: “If I have to an- swer anyone, it is the working class. Before the bourgeoisie and its class court I do not plead guilty.” Rizev, organizer of Youth: “A Com- rmaunist will never plead guilty before bourgeois scoundrels.” Court Visitors Sing International. At the first session the public in the court joined the accused in singing the International, and this compelled the volice to’ take measures to clear the court of amy likely sympathizers among them. According to most re. cent information, only the nearest rela- tives of the'accused are admitted into the court, and those only on special | tickets, grudgingly issued cach time by the prosecutor. Jn the last few days the reactionary papers of Esthonia started a campaign fur the complete closing of the court to all persons without exception, in- cluding the relatives of the accused, wid for the further hearing of the | case in camera, The fury of the bour- seois press even increased after the shooting of Comrade Jan Tomp and ‘he response which this foul murder aroused among the masses of the workers thruout the world. ‘ Thus, the bourgeois Esthonian pa- per, Pavaliht, wrote about the mur der of Comrade Jan Tomp: “The cul. weit got what he deserved. The court rendered a just verdict, and the au thority of Esthonian laws has been re- asserted.” What Are the Charges? The evidence in the case of 149 con- sists or 14 bulky ‘volumes, while the summary of the accusation occupies approximately .12 printed sheet: (about 200 pages). More than 60 peo- ple were subpoened as witnesses, near- ly all of them agents of the secre’ service. ~Below we give a few samples of the way in which the accusation was worked up: The accusation has collected and pieced together the resolutions of Pro- fintern, and Comintern on the. one hand, and of the Esthonian labor con- gtess on the other hand. Thus we read; “Tn the chapter onthe trade unions, the factory committees and the Third International (see resolution of Sec: ond Congress of the Comintern, held from July 17 to August 7, 1920), the following passage occurs: ‘In order to fulfill this task, Communists must in fact subordinate the factory com: mittees and the trade unions to the Communist Party, and thus create a mass organ of the workers which would embrace all the organizations of the prolétarian struggle’.” On page 14, tho summary of the accusation we read: “The program of the ‘united front’ (unification of the trade unions of Esthonia) advanced the following 12 demands: “1, Minimum wage securing to work- ers a decent existence. “2, Workers’ insurance vat the ex. pense of the state in the event of un- employment, invalidity, mutilation, old age, and in the case of. working women—during pregnancy and child- birth. “3. Housing accomodation for evict- ed workers. “4, No compensation whatever to landowners for the confiscated land and property. “5, Taxation of large incomes and inherited property. “6.General peace, especially with Soviet Russia. “7, Abolition of. the secret police, the money hitherto expended on up keep of armed forces and on the in- telligence department to be used for the improvement of workers’ condi. tions and for public instruction. “8, Abrogation of martial law. The same freedom of opinion, press, as sociation and meetings for workers as enjoyed now by the manufacturers traders, houseowners and kulkas. . . “AN these principles,” we read fur- ther down, “have also been recognized by the second national congress of the land and forest workers’ union, helc on March 20-22, in Reval.” But the worst is still to come: “The second national congress of the land and forest workers’ unions after a discussion of the question of inter- national unity, resolved to affiliate to the Red Profintern. “If this is to, it is clear that they (the unions) co-operate with the il- legal Communist. Party for the pur pose of overthrowing by violent meth- ods the existing form of government in Esthonia and of establishing the dictatorship of the proletariat.” In the next line we read: “In presénting the report of the Central Committee( congress of the Communist Party of Esthonia, June 16-18, 1923), Hansen said that the Cen- tral Committee taking its stand on the revolutionary class struggle is en- deavoring to establish its influence in the trade unions.” If the “Zinoviev letter” had been mentioned, the picture would have been complete. But to make up for this omission, we read in paragraph 25: “The Second International Trade Union. Congress sends hearty greet: ings to its compainions in arms—the Esthonian Central Trade Union Coun- cil—under: the oppressive rule of the newly formed’ bourgeoisie and of the -barons, who have to work under ex- tremely difficult conditions, your pats is a thorny path, it leads thru prisons and death sentences, but you have behind you the working class of the world.” The picture is made complete by the number of “substantial” proofs men- tioned—pamphlets and trade union lit. erature containing ths statement that: “The whole history of mankind is the history of the class struggle.” Even during the illiterate czarist days, indictments were presented in a more finished form. “CRIMINALS OF THE YOUTH AND [SPORT ORGANIZATIONS.—On page |41, we find extracts from speeches made at the conference of the work- ing class youth, held on August 5, |1923. | “The conference was opened by a |representative of the Central Trade | Union Coumeil... Allik said that the workefs’ youth movement was part and parcel of the labor movement as & whole, and that therefore the work ing class youth must be part of the | wengral united front of the workers. |'The special task before the working ‘class youth is struggle against mil- jitarism and aguinst the peril of war, for the working class youth is the first to be sent to the trenches in the event of war and isbeing kept away from its work, and has to live in barracks during peace times.” Workers’ Sports Terrorizes Them. In connection with sports organiza: tions, we read an page 43 (from the re- port of the above mentioned congress in 1923):’ “Working class sports has nothing In common with the bour. geois sports movement. it must idén- tify itself with the class struggle. . . All working cluss sports’ leagues, af: filiated to the National ‘Spartacus’ Association, for ‘the purpose of con- verting the sports movement into a powerful ‘working class movement.” In order to make everything “clear,” the indictment adds the following statement; “The Sports Association ‘Spartacus’ was founded in June, 1923, and took the place of the ‘Her- cules,’ which by order in council had been forbidden to convene meetings as long as martial law was in force.” High Treason. Thus we can see that the whole in dictment is endeavoring to make out that trade union, co.operative, sports and youth organizations are under the influen¢e of the Communist Party (which is “evident” from the respect- ive resolutions) and are carrying on revolutionary activities. Can it be otherwise? but workers’ organizations. . .: “persisted in telling the workers that the only choice before the pro- letariat’ was either to be exterminated by exploitation under bourgeois dicta- torship, or to come out openly into the struggle against the bourgeoisie (from the resolution of the Second Trade Union Congress included into the indictment.)” “These crimes” are punished on the strength of paragraph 102—actions djrected towards the overthrow of the existing form of government, and on the strength of paragraph 267, “high treason.” The former is punished by a long term of imprisonment up to 20 years penal servitude, and the latter, even with the death.sentence.. With regard to “high treason,” this ignoble and impudent accusation can be traced back to events which took place in the spring of the current year. After the closing down of all the “Esthonian trade unions, there came a wave of fierce attacks and ar- rests directed against Esthonian work- ing class leaders. The growing eco. nomic crisis and the political bankrupt- cy of the Esthonian bourgeoisie, re- sulted in a whole series of brutal per- secutions directed against the Esthon- ian labor movement. But Esthonian revolutionary ideology, which had been driven underground, was growing in strength and volume from day to day. Resolutions were passed at numerous workers’ meetings in April of the cur- rent year, emphasisizing the hopeless position of the working class under the dictatorship of the Esthonian shopkeepers and speculators, and pointing out that the only way out of the impasse is the close union with the U. S. S. R.—“high treason.” Jan Tomp has already died at his post. Many of the other defendants stand in danger of death sentences, especially as at the proposal of the public prosecutor, the second part of paragraph 102 has been added to the indictment (armed rising 1s punish. able by death). This was also done on the strength of the identification of the program of the Esthonian Party with the resolutions of the Comintern, Profintern and of the Esthonian Labor Congresses. Social Traitors in the Trial of the 149. Esthonian social traitors have al- ready an unenviable reputation as helpers of the Esthonian bourgeoisie in the latter’s brutal treatment of the workers. It was none other but Gellat, the social democratic minister of the in- terior in the coalition government of 1918, who drove 76 arrested comrades across the Russo-Esthonian frontier to certain death. It was none other but Gellat who with the help of his body guard, brutally murdered 26 of our comrades in Izborsk. None others but social democrats championed the cause of the Esthon- ian bourgeoisie at meetings, in the press, at congresses and whereyer they had an opportunity to do so. Only eight days ago the entire social dem- ocratic fraction consisting of 20 mem. bers voted in the national assembly to- gether with the bourgeois bloc in fav- or of handing over five working class members of the assembly to the in- telligence department and to the court. Rey, Ast, Piskar and all the other democratic scoundrels are carrying on a daily campaign of unashamed ineite- ment against the Esthonian labor movement in the columns of the yel- low, Ekhendus. Naninson, the well known renegade, traitor and agent. provocateur has found worthy follow ers in Reys, Asts, Piskars, ete. Theses for Reports. 1..The history of the seven years’ “independence” of bourgeois Esthon- ia is a history of ignoble brutalities and insults on the part of Esthonian shopkeepers and speculators against the workers.. 2. Esthonian justice is the old czar ist justice with all its sanguinary methods and forms, 3. The trial of the “149” in Reval is an unprecedented act of class ven. geance on the part of the Esthonian brougeoisie. 4, Esthonian social democrats, who have been responsible more than once for the shedding of blood of Esthonian workers, are playing in the trial of the “149" their usual ignoble role of traitors to the working class. ©, 5. The majority of the accused are in danger of having long sentences of penal servitude, and many even the death sentence imposed on them. The international proletariat must tear its best fighters out of the grip of the asthonian executors. REACH AGREEMENT IN RUSSO-JAP geile BEING HELD IN TOKYO TOKYO, Jan. 11 jal to the DAILY WORKER: 4 jovernment circles were confident this afternoon that a virtual agreement had been reached in the Russo-Japanese parley now \ Progress in Peking. Japan agrees to evacuate her troops from Russian soil as soon as physical conditions permit. Questions of debts and claims are to be left te poreerer Seeing that none other”