that a similar declaration shall be made by other Powers having interests in China.

With the conviction that this reply is such as to satisfy the inquiry made in the aforementioned note, the Imperial Government is happy to have complied with the wishes of the American Government, especially as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing between the two countries.

I beg you to accept, etc.,

COUNT MOURAVIEFF.

INSTRUCTIONS SENT

MUTATIS MUTANDIS TO THE UNITED STATES AMBASSADORS AT LONDON, PARIS, BERLIN, ST. PETERSBURG, AND ROME, AND TO THE UNITED STATES MINISTER AT TOKYO.

DEPARTMENT OF STATE,

Washington, March 20, 1900.

SIR: The

Government having accepted the declaration suggested by the United States concerning foreign trade in China, the terms of which I transmitted to you in my instruction No. of- and like action having been taken by all the various Powers having leased territory or so-called "spheres of interest" in the Chinese Empire, as shown by the notes which I herewith transmit to you, you will please inform the Government to which you are accredited that the condition originally attached to its acceptance-that all other Powers concerned should likewise accept the proposals of the United Stateshaving been complied with, this Government will therefore consider the assent given to it by as final and definitive.

You will also transmit to the Minister for Foreign Affairs copies of the present enclosures, and by the same occasion convey to him the expression of the sincere gratification which the President feels at the successful termination of these negotiations, in which he sees proof of the friendly spirit which animates the various Powers interested in the untrammeled development of commerce and industry in the Chinese Empire, and a source of vast benefit to the whole commercial world.

I am, etc.,

All printed ante.

JOHN HAY.

NUMBER 1900/3.

GERMANY (Schantung Eisenbahn Gesellschaft) AND CHINA.

Regulations for the Kiaochow-Tsinanfu Railway.*-March 21, 1900.

His Excellency the Governor of the Province of Shantung Yuan Shih Kai, and His Excellency the Lieutenant General Yin Chang, upon petition of the Governor of Shantung especially delegated by Imperial decree to these negotiations, on the one side, and the Managing Board of the Shantung Railway Company at Tsingtau, represented by Mr. H. Hildebrand, a Royal Inspector of Prussian Railways, on the other side, have in order to prevent excitements and disturbances of any kind in Shantung during the period of building the railway and to maintain friendly relations between the population of this province and the Company agreed upon the following Railway Regulations with regard to the line of railway between the boundaries of the German Leased Territory and Tsinanfu, subject to the approval of the Board of Directors of the Shantung Railway Company in Berlin and reduced to writing in Chinese and German texts of like tenour.

Art. 1. In accordance with Art. 4, section 2, of the aforesaid Kiauchou Convention a German-Chinese Railway Company shall be formed, issuing shares to German and Chinese subjects. This Company shall for the present be exclusively under German management. It shall half-yearly notify the Chiao Se Chue at Tsinanfu of the number of shares purchased by Chinese. As soon as the amount of such shares has reached Taels 100,000, the Governor of the Province of Shantung shall delegate a Chinese official for co-operation at the Company's siege.

Art. 2.-Should in future branches of the Administration of the Company be established in Shantung, one Chinese official shall be delegated to each one of them.

Art. 3.-Officials or respectable citizens shall be consulted upon the location of the railway, in order to take as far as possible into consideration the interests of the population. To avoid difficulties in negotiations, these shall be conducted on the Chinese side by Chinese officials delegated by the Governor of Shantung. The technical determinations of the location of line shall be left to the Company's engineers. A sketch plan of the line's location, done in a scale of 1:25000 shall be submitted to the Governor of Shantung for information and only thereafter land may be purchased. The construction of the railway cannot be begun before the land has actually been purchased.

The purchase of land shall be done peacefully and quickly as hitherto, so that the construction of the railway be not delayed by purchasing land or by difficulties arising from disputes with individual owners. To avoid all such difficulties the above mentioned Chinese official shall act as mediator when land

* Translation from the German text. See Note to this document, post, p. 240.

is purchased and shall settle all disputes eventually arising. The land shall be purchased in an honest way according to the locally customary ruling price. The Company shall not be allowed to buy more land than necessary for the railway enterprise, and future extensions thereof.

Meanwhile the following minima may be purchased:

66

stations of larger towns

the plots of land have to be larger, corresponding to the actual importance of the place in question.

The land necessary for the supply of earth to construct embankments is not included in the foregoing areas. 1 m. is equal to 2 feet 9.6 inches, 1 foot is equal to 0.338 m.

Art. 4.—Wherever water-courses are met, sufficient flow has to be provided for by building bridges and culverts so that agriculture may suffer no damage. Art. 5.-The railroad is to be located in such a way as not to damage or cut through city walls, fortifications, public edifices and important inhabited places.

Art. 6.-Houses, farmsteads and villages, temples, graves and above all high class graveyards belonging to the gentry which are fenced in and planted with trees shall be avoided by the railway as far as possible. So far as this is impossible the local authorities shall give notice to the owners two months beforehand and settle with them a compensation of an amount enabling to erect graveyards, etc., of the same condition at another place without sustaining any loss of money.

Art. 7.—In surveying the land to be purchased the "kung" shall be used as unit. One kung is equal to 5 official feet, one foot is equal to 0.338 m. One Mu is counted to be 360 kung or equal to 9000 square feet.

As to the land tax to be paid by the Shantung Railway Company the same regulations shall be applied as in force for the most favoured Railway Company in any other place of China.

Art. 8.-Injuries done to crops during preparatory or construction work are to be made good by the Company according to prices to be settled with the local authorities.

Art. 9. The salaries of the assistants placed by the local authorities at the disposition of the Railway at its wish shall be paid by the latter. These salaries shall not be included in the price of land purchased.

The money for the land is to be paid into the hands of the District Magistrate, who is responsible for the proper payment to the different owners entitled to receive the money.

The District Magistrate also has to hand over the title deeds to the Railway Company.

Art. 10.-The Railway Administration intending to rent houses for offices and residences near the work-places shall apply to the District Magistrate who

will make the necessary arrangements with the owners and will on its behalf conclude the contracts.

Art. 11.-The purchase of material necessary for the construction of the railway shall be transacted in a fair manner and the usual market price shall be paid for same. If necessary the intervention of the District Magistrate shall be applied for.

Art. 12. The exchange of different kinds of money shall always be done at the rate ruling on the day.

Art. 13.-The Railway Company is not permitted to construct without special permission of the Governor of Shantung other railroads than those mentioned in the Kiauchou Convention, including the branch line to Poshanhsien.

Branch lines connecting coal and other mines and places where building or ballasting materials are to be taken, connecting with the main line, may be built without special authorization. It is, however, understood that previous notice of the construction of such lines has to be given to the Governor of Shantung.

Art. 14.-Foreigners, travelling or doing business in the interior of the Province of Shantung, in order to enjoy better protection, must be provided with passports duly sealed by the proper Chinese and German authorities. Chinese local authorities cannot assume responsibility if such a passport is not produced.

Art. 15.-German and Chinese employees of the Railway Company are to be provided with certificates attested by the seals of the Railway Administration and of the Local Authorities, in order, when necessary, to prove their official capacity.

The engineers, when surveying, shall be accompanied by an official, delegated by the District Magistrate. This official shall, if necessary by police force, render assistance in protecting the property of the Railway Company and the survey poles.

Persons fraudulently pretending to be employees of the Railway Company shall be arrested and punished by the Local Authorities.

Art. 16.-Troops, eventually necessary for the protection of the railway will be stationed by the Governor of the Province of Shantung. Therefore outside the 100-li zone no foreign troops shall be employed for this purpose.

The Governor of the Province of Shantung binds himself to take effective measures during the period of surveying as well as when the railway is under construction or opened for traffic to prevent any damage being done to it by the mob or by rebels.

Art. 17.-Development of trade and communications being the only purpose of the railway, no transport of foreign troops and their war materials shall be allowed on it.

The Railway Administration however is not to be held responsible for such transport when brought into a position of constraint by war or similar circumstances. On the other hand the Governor of the Province of Shantung will not be responsible for the protection of sections of the railway being in the hands of the enemy.

The conditions of this article are not be applied to the section of the railway within the 100-li zone.

Art. 18.-Freightage for foodstuffs and clothing to be distributed amongst the distressed during famines and floods, shall be reduced according to the rules adopted by the railways of Germany and when troops are dispatched to suppress rebellions the same is to be applied to the fares for soldiers and to the freightages for their war materials.

Art. 19-At railway stations, where custom-houses are established the Railway Administration shall make such arrangements as to assist the Imperial Chinese Customs in collecting the legal dues.

The expenses for the necessary buildings, to be erected upon application of the Customs Administration are to be refunded by the latter to the Railway Administration according to agreements always to be made beforehand.

Art. 20. The natives of towns and villages near the railway shall be as far as possible engaged as workmen and as contractors for the supply of materials.

Art. 21.-Chinese subjects employed outside the leased territory by the Railway Company in case of contravention of Chinese law are subject to the jurisdiction of the competent District Magistrate.

The competent District Magistrate having officially notified the necessity of legal steps against such employees, the Railway Company shall not do anything by which he may evade justice.

Complaints against foreigners are to be dealt with according to the proper laws. In such cases, the Railway Company on its part shall make an investigation and take disciplinary proceedings against the offender.

Art 22.-The natives of districts, where the railway passes through shall as far as possible be employed at the work and shall be paid for as customary there.

If fights should occur between railway men and natives the local official will have the right to arrest and punish the guilty.

The workmen of the railway are absolutely prohibited unwarrantably to enter houses of natives. In case of contravention they will be severely punished.

Art. 23. The construction of the railway being completed, foremen and workmen necessary for maintenance and safekeeping of the line are as far as practicable to be engaged from amongst the inhabitants of villages and towns near the line in conformity with suggestions made by the elders of these places. These elders will be responsible for, the good behaviour of those engaged and will furnish them with certificates issued by the District Magistrate.

Art. 24. The railway being opened to public traffic, its administration assumes the responsibility for any loss of life or goods caused by accidents and is liable to pay compensation to wounded or killed persons according to the local custom, and to cover any loss of goods according to detailed regulations to be drawn up by and published by the Company.

Likewise the Railway will be held responsible for damage to persons and property by construction trains through its neglect.

Art. 25. The safety on the line being endangered by floods, slips of em