ing the number of the said Bonds purchased and may be exercised at any time within one year after the day of the execution hereof.

"10. This Agreement is signed by the said Lew Yuk Lin as the Representative of the Chinese Government and will be forthwith officially communicated to the Minister of Great Britain in Peking by the Wai Chiao Pu (Chinese Foreign Office) and a copy of such formal notification and any reply thereto shall be communicated to the Company. "The Common Seal of the City Safe Deposit and Agency Company, Limited, was hereto affixed in the presence of :

(Signatures of) DIRECTORS

66

(Signature of) ASST. SECRETARY."

[Seal.]

NUMBER 1908/14.

THE UNITED STATES AND CHINA.

Arbitration convention.*-October 8, 1908.

The President of the United States of America and His Majesty the Emperor of China, taking into consideration the fact that the High Contracting Parties to the Convention for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899, have reserved to themselves, by Article XIX of that Convention, the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have resolved to conclude an Arbitration Convention between the two countries, and for that purpose have named as their Plenipotentiaries, that is to say:

The President of the United States of America, Elihu Root, Secretary of State of the United States of America; and

His Majesty the Emperor of China, Wu Ting-fang, Envoy Extraordinary and Minister Plenipotentiary to the United States of America, Mexico, Peru, and Cuba;

Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following Articles :

ARTICLE I.-Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties.

ARTICLE II.-In each individual case the High Contracting Parties before

*Text as printed in U. S. Treaty Series, No. 522. Printed also in Malloy, p. 290; Am. Int. Law Journal, Supplement, 1909, p. 221; Customs, vol. I, p. 764.

In connection with this convention see also the Treaty for the advancement of the general cause of peace, September 15, 1914 (No. 1914/10, post).

appealing to the Permanent Court of Arbitration shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements will be made on the part of the United States by the President of the United States by and with the advice and consent of the Senate thereof.

ARTICLE III.—The present Convention shall remain in force for the period of five years from the date of the exchange of the ratifications.

ARTICLE IV. The present Convention shall be ratified by the High Contracting Parties, and the ratifications thereof shall be exchanged at Washington as soon as possible.†

In witness whereof, the respective Plenipotentiaries have signed the present Convention, and have thereunto affixed their seals.

Done at the City of Washington, in duplicate, this 8th day of October, one thousand nine hundred and eight, corresponding to the 14th day of the 9th month of the 34th year of Kuang Hsü.

Convention concerning the telegraph cable between Kwantung and Chefoo, and the Japanese telegraph lines in Manchuria.*-October 12, 1908.

The undersigned, respectively duly authorised by the Governments of Japan and China to adjust in a friendly manner and spirit of mutual accommodation the questions of the submarine telegraph cable, between the Province of Kwantung and Chefoo, and the Japanese telegraph lines in Manchuria, have agreed as follows:

ARTICLE 1.-A submarine cable will be laid by the Governments of Japan and China between a point in the Kwantung Province and Chefoo. Japan will lay and maintain the section of the submarine cable from Kwantung to within 71⁄2 miles of Chefoo and China will lay and maintain the section of said cable from Chefoo to a point 71⁄2 miles from Chefoo. At said point the two sections of the cable shall be connected. The Kwantung end shall be worked entirely by Japan and the Chefoo end by China, but, in order to meet the special requirements of Japan, the cable shall be connected up direct to the

* In connection with this convention see also the agreement concerning the working of the Kwantung-Chefoo cable (No. 1908/16, post), and the agreement concerning the working of the Japanese and Chinese telegraph lines in Manchuria (No. 1908/17, post), both of November 7, 1908.

Ratifications exchanged April 6, 1909.

Japanese Post Office at Chefoo during such sufficient time each working day as may be agreed upon and such Post Office shall have the right to transmit over the said cable from and to places under the direct control of the Japanese telegraph system terminal Chefoo Japanese Government messages as well as private terminal Chefoo telegrams, provided these latter be written in Kana. Japan shall pay to China on such traffic a certain terminal fee to be agreed upon. The connecting line between the Chinese Chefoo Telegraph Office and the Japanese Post Office at Chefoo will be constructed and maintained by China. Japan engages to do all in her power to prevent the retransmission at Chefoo of traffic from or to any other part of China and she also undertakes, under the reserve of most favored nation treatment for the future, not to land submarine cables or to construct telegraph or telephone land-lines or to establish any kind of wireless communication in China, outside her leased or railway territories, without in every case first having obtained the consent of the Chinese Government. All details as to terminal and transit rates over the Chefoo-Kwantung cable shall be settled by a special agreement.

ARTICLE 2.-Japan undertakes immediately to hand over to China, against the payment of 50,000 Yen, all Japanese telegraph lines in Manchuria outside the railway territory. Japan is prepared to enter into negotiation with China with a view to coming to a certain arrangement concerning the Japanese telephone service in Manchuria outside the railway territory. Pending the conclusion of such an arrangement, Japan undertakes neither to extend her present telephone system in Manchuria without having first obtained the consent of the Chinese Government, nor to use her telephone lines for the transmission. of telegrams in competition with the Chinese telegraph lines.

ARTICLE 3.-At open marts or treaty ports in Manchuria, which are in close proximity to the Japanese railway territory, namely at: Antung, Newchwang, Liaoyang, Moukden, Teh-ling and Chang-chun, the Chinese Government agrees, for a period of fifteen years, to place one or two special telegraph wires from the said open marts or treaty ports to such railway territory at the exclusive disposal of the Japanese Government telegraph service. Such wire or wires shall be maintained in good order and condition by the Chinese Government up to the railway territory.

ARTICLE 4.-The special wire or wires mentioned in Article 3 shall be worked from the Chinese telegraph buildings by Japanese clerks in the employ of the Japanese Government, and the Chinese Government undertakes to provide, at a total yearly rent of 700 Mexican Dollars, suitable special offices and accommodations for this purpose, it being, however, understood that the said accommodations do not include dwelling quarters for the clerks.

ARTICLE 5.-The special wire or wires mentioned in Article 3 can only be used for the exchange of telegrams emanating from or destined to places under the direct control of the Japanese telegraph system.

ARTICLE 6.-At the open marts or treaty ports mentioned in Article 3 the Japenese telegraph Department will have its receiving office in the Chinese telegraph buildings and delivery of Japanese traffic shall be made by messengers wearing no special uniform.

ARTICLE 7.-The Japanese Government undertakes to pay to the Chinese Government an annual sum of three thousand Yen as a royalty on all messages forwarded over the Japanese Manchurian telegraph lines.

ARTICLE 8.-The present convention shall be confirmed by the two Governments concerned and shall be put into force when detailed agreements shall have been concluded with regard to the Chefoo-Kwantung cable and the Japanese Manchurian telegraph lines.

In witness whereof the undersigned have signed this agreement.

Done at Tokio in English in duplicate this 12th day of the month of October, 1908.

NUMBER 1908/16.

JAPAN AND CHINA

Agreement concerning the working of the Chefoo-Kwantung cable.*—Novem ber 7, 1908.

In conformity with the provisions of the Telegraph Convention of the 12th October, 1908, between Japan and China, the two Governments have, for the purpose of facilitating the due and proper working of the Chefoo-Kwantung submarine cable, concluded the following Supplementary Agreement:

ARTICLE I.-Japan and China undertake, as quickly as circumstances permit after the present Agreement takes effect, to provide a submarine cable between Chefoo (Shantung) and a point in the Kwantung Province within the leased territory of the Liaotung Peninsula, either by restoring the old cable or by laying a new one, in accordance with the stipulations contained in Article 1 of the Convention above mentioned.

ARTICLE II.-The two contracting parties engage to maintain the said cable, at all times, in good working order and condition and, in case of interruption, to effect repairs as quickly as possible.

Should the cable be damaged at the connecting point, i.e., at 71⁄2 miles from Chefoo, the cost of the repairs shall be borne one half by Japan and the other half by China.

ARTICLE III.-Each of the contracting parties agrees to provide and maintain at its own cost the cable house, landing connection and the necessary equipment of the office at its own shore end of the said cable.

ARTICLE IV.-The telegraph instruments to be employed for working the said cable shall, unless otherwise agreed, be Morse or Wheatstone.

ARTICLE V.-The cost of the equipment and maintenance of the Japanese

telegraph office at Chefoo shall be borne by Japan.

*Text as printed in Customs, vol. II, p. 744.

In connection with this agreement see also the Sino-Japanese telegraph convention of October 12, 1908 (No. 1908/15, ante).

ARTICLE VI.-The Chinese telegraph office at Chefoo shall daily switch the Japanese telegraph office at that place into direct communication with the said cable for one hour in every three hours between six o'clock in the morning and eleven o'clock at night, and thereafter the said Japanese office shall be similarly switched into direct communication with the cable during the remaining seven hours in each day of twenty-four hours that the cable is not actually required by the said Chinese office.

It is further agreed that for the due and proper working of the said cable, every convenience and facility shall be given reciprocally by the two offices which shall do their utmost to work in a friendly and harmonious way so as to cause as little delay as possible to the legitimate traffic of both parties.

ARTICLE VII.-Japan and China shall, as quickly as circumstances permit, arrange to connect the nearest Chinese telegraph office outside the leased territory of Liaotung Peninsula with the most convenient Japanese telegraph office having direct connection with the Japanese cable office. This connecting line shall be constructed, maintained and worked by each contracting party within its own territory and used for the exchange of traffic to and from places within the Chinese system North of the said leased territory.

ARTICLE VIII-A. The special cable rates per word for correspondence exchanged over the said cable between the Japanese and Chinese offices are fixed as follows:

B. The charges per word on the Japanese landlines beyond Kwantung shall be 5 Mexican Dollar cents.

For Chinese telegrams the text of which is composed entirely of 4-figured groups, Japan's proportion of rate shall be 8 Mexican Dollar cents per word.

For telegrams emanating from or destined to countries beyond China, Japan's proportion of rate shall be 10 Mexican Dollar cents per word.

For telegrams transmitted over the said cable, Japan shall collect the rates fixed for the time being by China, and on such traffic Japan shall credit China with full transmission rate less Japan's proportion as fixed above. It is, however, understood that the total charges for such telegrams shall not, in any case, be higher than for telegrams to the same destination via other Chinese routes. The necessary tariff schedule shall be supplied to Japan by China.

ARTICLE IX.-Until otherwise agreed upon it is understood that the ChefooKwantung cable can not be used for Japanese traffic emanating from or destined to places beyond China with the exception of Chefoo terminal Japanese Government traffic and Chefoo terminal traffic written in Kana.

ARTICLE X.-On telegrams handled by the Japanese Office at Chefoo, according to Article I of the Convention above mentioned, Japan shall credit