edict of the Throne will be communicated by a note from the Chinese Board of Foreign Affairs to the Japanese Minister at Peking.

ARTICLE 10. This agreement will become invalid after the principal and interest have been paid in full.

ARTICLE 11.-The original copies of this agreement will be drawn up in quadruplicate, in Chinese and Japanese, and one copy be given to each of the following: the Chinese Board of Foreign Affairs, the Administration, the Japanese Minister at Peking, and the Company.

ARTICLE 12.-Should there be a disagreement in regard to the interpretation of the terms of this agreement, the Administration and the Company will each choose a person from outside as arbitrator. If the arbitrators can not come to a decision, they will then both choose a person from outside to be chief arbitrator. If the two arbitrators can not agree in their choice, then each will choose one person, one of whom will be confirmed by lot. Among these men the decision of the majority will rule, and each side must abide thereby without further question.

The 1st year of Hsüan T'ung, 7th moon, 3rd day:
The 42nd year of Meiji, 8th month, 18th day:

(August 18, 1909).

(Signed and sealed)

LU TSU-HUA.

Expectant Prefect, Wearer of the Peacock Feather,
Deputy of the Board of Posts and Communications.

(Signed and sealed)...

The Director-General of the South Manchuria
Railway Joint Stock Company.

Attached herewith: †

Certificate Forms A, B, and C;
Interest and Amortization Tables.

† Not printed.

NUMBER 1909/7.

JAPAN (South Manchuria Railway Company) AND CHINA. Detailed Agreement for the Kirin-Changchun Railway loan.*—August 18, 1909. The deputy, named below, of the Chinese Board of Posts and Communications (hereinafter called the Board of Posts and Communications) and the deputy, named below, of the South Manchuria Railway Joint Stock Company (hereinafter called the Company), acting in accordance with the HsinmintunMukden and Kirin-Changchun Railway agreements between the Chinese and Japanese Governments of the 33rd year of Kuanghsü, 3rd moon, 3rd day, or the 40th year of Meiji, 4th month, 15th day (April 15, 1907), and also in accordance with the Supplementary Agreement of the 34th year of Kuanghsü, 10th moon, 19th day, or the 41st year of Meiji, 11th month, 12th day (November 12, 1908) (hereinafter called the Supplementary Agreement), have drawn up the following agreement providing for a loan for the Kirin-Changchun Railway.

ARTICLE 1.-In Accordance with Article 1 of the Supplementary Agreement, the Company agrees to make a loan of half the amount required for the construction of the Kirin-Changchun Railway, namely yen 2,150,000, Japanese currency, at a discount of 93, to be handed over at Tokyo to the Chinese Minister to Japan, the Chinese Minister there to hand over to the Company a certificate as per Form A attached to this agreement.

ARTICLE 2.-After this agreement has been drawn up, within one month after a note is addressed thereon to the Japanese Minister at Peking, the loan fixed as above will be paid in full in one instalment on the date fixed by the Chinese Government. The date for the receiving of the loan by the Chinese Government will be notified to the Company ten days before the loan is paid.

ARTICLE 3.-The loan will be for a term of twenty-five years, reckoning from the date when payment is made to China. Beginning from the sixth year it will be repaid in forty equal instalments once every half year (Gregorian Calendar), in accordance with the attached amortization table. Interest on that part of the capital which is repaid will cease on the date of repayment.

ARTICLE 4.-Interest will be reckoned from the date of the payment of the loan to China, and will be payable once every half year (Gregorian Calendar) in accordance with the attached table.

ARTICLE 5.-The Director General of the Railway Administration of the Chinese Board of Posts and Communications (hereinafter called the Administra

* Translation from the Chinese text as printed in Wang, p. 155.

In connection with this agreement see also the Convention regarding the HsinminMukden and Kirin-Changchun railways, April 15, 1907 (No. 1907/3, ante); Supplementary Agreement for a loan for the Hsinmin-Mukden and Kirin-Changchun railways, November 12, 1908 (No. 1908/18, ante); Article 6 of the agreement relating to Chientao, September 4, 1909 (No. 1909/10, post); Article 7 of the Sino-Japanese treaty respecting South Manchuria and Eastern Inner Mongolia, May 25, 1915 (No. 1915/8, post); and the KirinCh'angch'un Railway loan agreement of October 12, 1917 (No. 1917/11, post).

L

tion) or the Director General of the Kirin-Changchun Railway will turn over the capital and interest, as payment thereof falls due, to the Company at Dairen or Tokyo, as convenient to the Chinese Government. The Company will then deliver to the Director General of the Kirin-Changchun Railway certificates as per Forms B and C attached to this Agreement, in accordance with the amount of capital and interest paid, as per the attached amortization and interest tables. ARTICLE 6.—The traffic receipts of the Kirin-Changchun Railway will be deposited at the branches or suboffices of the Yokohama Specie Bank, either at Changchun or at Kirin. If, however, such receipts should be in a currency ordinarily not accepted by the branches or suboffices of the said bank, they will not be deposited therein. It follows from this that the Company and the said bank can not, in accordance with paragraph (ƒ) of Article 3 of the Convention,† require the Kirin-Changchun Railway Administration to make up the equivalent of such currency which, as stated above, is not ordinarily accepted by the branches or suboffices of the said bank, to be converted at the current rate and deposited at the said bank.

Of the funds deposited, to which reference is made in the preceding paragraph, if a surplus remains after the Kirin-Changchun Railway has made disbursements therefrom, then it will be kept on deposit up to the amount of six months' interest on the loan. Any surplus thereafter will be subject to the disposition of the Director General of the Administration, who may instruct the Director General of the Kirin-Changchun Railway to apply it to the use of the Chinese Government.

Interest will be paid by the bank on the deposits referred to above in the first paragraph, in accordance with the current rate of interest advertised by the branch banks or suboffices.

The matters referred to in the three preceding paragraphs will be carried on during the life of the said bank.

If the life of the said bank should expire and should be extended, the same procedure will continue to be followed.

If the life of the said bank should not be extended, the Company will then indicate another bank, and the same procedure will be continued.

ARTICLE 7-All matters in this agreement pertaining to the payment of capital and interest, which may not have been clearly stated, may be discussed and settled by the Chinese Railway Administration and the Company, as occasion therefor arises.

ARTICLE 8.-This Agreement must be approved by the Governments of the two nations, after which it will be put into effect.

ARTICLE 9.-After this agreement has been signed and sealed, the Director General of the Administration will refer it by memorial to the Throne, and the edict of the Throne will be communicated by a note from the Chinese Board of Foreign Affairs to the Japanese Minister at Peking.

ARTICLE 10-This agreement will become invalid after the principal and interest have been paid in full.

ARTICLE 11.-The original copies of this agreement will be drawn up in I.e., the convention of April 15, 1907, referred to above.

quadruplicate, in Chinese and Japanese, and one copy be given to each of the following: the Chinese Board of Foreign Affairs, the Administration, the Japanese Minister at Peking, and the Company.

ARTICLE 12. Should there be a disagreement in regard to the interpretation of the terms of this agreement, the Administration and the Company will each choose a person from outside as arbitrator. If the arbitrators can not come to a decision, they will then both choose a person from outside to be chief arbitrator. If the two arbitrators can not agree in their choice, then each will choose one person, one of whom will be confirmed by lot. Among these men the decision of the majority will rule, and each side must abide thereby without further question. The 1st year of Hsüan T'ung, 7th moon, 3rd day: The 42nd year of Meiji, 8th month, 18th day: (August 18th, 1909).

Memorandum concerning the reconstruction of the Antung-Mukden Railway.*August 19, 1909.

The Imperial Japanese Consul General at Mukden, Mr. Koike, and the Viceroy of the Three Eastern Provinces, Hsi Liang, and the Chinese Governor of Mukden, Cheng, in accordance with the orders of their respective Governments, have agreed upon the following in reference to the Antung-Mukden Railway:

1.—The same gauge as that of the Peking-Mukden Railway shall be adopted.

* Translation from the Japanese text as printed in Shina Kankei Tokushu Joyaku Isan, p. 41. A translation of the five articles is printed also in F. E. Review, vol. VIII, p. 16, and vol. XI, p. 389.

In connection with this memorandum see also the additional agreement attached to the Treaty between Japan and China concerning Manchuria, December 22, 1905 (No 1905/18, ante), particularly Article 6: Agreement concerning mines and railways in Manchuria, September 4, 1909 (No. 1909/9, post); Convention relating to railway connections at Antung, November 2, 1911 (No. 1911/11, bost).

‡ Not printed.

2. Both Japan and China shall recognize and approve, on the whole, the line as already surveyed and agreed to by the commissioners of the two Governments, but the location of that portion of the line from Chen-hsiang-tun to Mukden shall remain to be decided by mutual conference between the two countries.

3. On and from the date when the memorandum is signed, negotiations for the purchase of land and for the adjustment of all other details shall be instituted. 4. From the day following the signing of the memorandum, that is from the day after the negotiations above mentioned are instituted, the work of reconstruction shall be accelerated.

5.-China shall instruct the local officials along the line to give every facility regarding the execution of the work.

Accordingly, two copies of this having been drawn up in Japanese and in Chinese, and sealed, one copy in each language will be retained by each party as evidence of the agreement.

In Chung Hua Fa Kuei Ta Ch'üan is given, without indication of date, the Chinese text of Regulations for the purchase of land for the Antung-Mukden Railway, of which the translation is as follows:

Regulations for Purchase of Land for Antung-Mukden Railway.

"The question of the alteration of the Antung-Mukden Railway having been settled, the Comissioner of Foreign Affairs for Fengtien, Teng Hsiao-hsien, appointed Yuan Liang, senior clerk of his office, to negotiate the purchase of land with the head of the Fengtien office of the South Manchuria Railway, Tso-T'eng-An-Chih-Chu. The regulations have now been agreed to. The commissioner petitioned the viceroy and the governor to issue circular instructions to the local officials along the line to issue orders within their districts to act in accordance therewith. Surveying will be commenced after the harvests. The regulations governing the purchase of the land are as follows:

ARTICLE 1.-A Land Purchase Bureau (Kou Ti Chü) will be established for arranging the purchase of land required for the Antung-Mukden Railway. The officers of the bureau will be appointed by the Chinese authorities and the South Manchuria Railway Company (hereinafter referred to as 'the Company').

ARTICLE 2.-The Land Purchase Bureau will be composed of a general bureau (Tsung Chü) and two subbureaus (Fen Chü). Each subbureau will control six surveying parties (Chang Liang Pan). The personnel and organization will be set forth in a supplemenary table.

"ARTICLE 3.-The General Land Purchase Bureau will be established at Mukden and will be composed of two chiefs of bureau, two assistant chiefs, and an executive staff. The positions of chiefs of bureau will be occupied by the senior clerk of the office of the Commissioner of Foreign Affairs and the head of the office of the South Manchuria Railway Company. They will exercise general supervision over all matters connected with the purchase of land.

The assistant chiefs will be appointed by the Chinese authorities and the Company. They will have special supervision over the purchase of land by the general bureau and will also act as chiefs of the subbureaus.

'Positions on the executive staff will be filled by deputies of the Commissioner of Foreign Affairs and appointees of the Company.

See Note, infra.