such other Contracting Party as in the dominions and possessions of such other Contracting Party.

ARTICLE II. The citizens or subjects of each of the two High Contracting Parties shall enjoy in China the protection of copyright for their works of literature and art, as well as photographs, to the same extent as they are protected in the dominions and possessions of the other party.

ARTICLE III-In case of infringement in China, by a citizen or subject of one of the two High Contracting Parties of any invention, design, or trademark whatsoever, or of the violation of copyright, entitled to protection in virtue of this convention, the aggrieved party shall have in the competent territorial or consular courts of such Contracting Party the same rights and remedies as citizens or subjects of such Contracting Party.

ARTICLE IV. Each of the High Contracting Parties engages to extend to China the treatment which the citizens or subjects of the other Contracting Party enjoy, in the matter of protection of their commercial names, in the dominions and possessions of such Contracting Party under the Convention for the Protection of Industrial Property, signed at Paris, March 20, 1883. "Hong" marks shall be considered to be commercial names, as regards the effect of the present convention.

ARTICLE V-Citizens of possessions belonging to the French Republic and subjects of Korea shall have, in China, the same treatment, under the present convention, as citizens of the French Republic and subjects of Japan respectively.

ARTICLE VI.—It is mutually agreed between the High Contracting Parties that the effect of the present convention shall be extended, in the measure in which it is applicable, to every other country where each of them shall have rights of extraterritorial jurisdiction. All the rights resulting from the present convention shall be recognized in the insular and other possessions and in the leased territories of the High Contracting Parties, and all the legal means provided for the protection of the said rights shall be duly applied by the competent tribunals.

ARTICLE VII.-Every person to whom the provisions of this convention are applicable, who, at the moment in which the present convention shall take effect, possesses merchandise bearing the imitation of a trademark owned by another person and entitled to protection by virtue of said convention, shall remove or cancel such false trademark or withdraw such merchandise from the Chinese market within a period of six months from the date of the enforcement of this convention.

ARTICLE VIII.-The unauthorized reproductions, made by the citizens or subjects of one of the High Contracting Parties, prior to the operation of this convention, of works of literature and art, as well as photographs, of the citizens or subjects of the other Contracting Party entitled to protection in virtue of this convention, shall be withdrawn from sale or circulation in China within one. year from the date of the enforcement of this convention.

ARTICLE IX. The present convention shall be ratified, and the ratifications thereof shall be exchanged at Tokio as soon as possible. It shall come into force ten days after the exchange of ratifications.

In witness whereof, the respective plenipotentiaries have signed the present convention in duplicate, in the French and Japanese languages, and have thereunto affixed their seals.

Done at Tokio, the 14th day of September in the nineteen hundred and ninth year of the Christian era, corresponding to the 14th day of the ninth month of the forty-second year of Meiji.

(L. S.) (Signed) A. GERARD.

(L. S.) (Signed) JUTARO KOMura.

In proceeding to the signature of the convention of to-day's date relative to the reciprocal protection in China of inventions, designs, trademarks and copyrights the undersigned plenipotentiaries, duly authorized by their respective Governments, declare that it is understood that the first paragraph of Article VI of the said convention is not applicable to Korea. Done at Tokio, the 14th September, 1909.

(Signed) A. GERARD.
(Signed) JUTARO Komura
KOMURA

NUMBER 1909/12.

GREAT BRITAIN (Pauling & Company), UNITED STATES (American Group) AND CHINA.

Preliminary agreement providing for the financing, construction and operation of the railway from Chinchou to Aigun.*-October 2, 1909.

This Preliminary Agreement to provide for the financing, construction and operation of the Railway from Chinchou to Aigun is made between their excellencies the viceroy of Manchuria and the governor of Fengtien, hereinafter called the administration, of the one part, and the American group and its associates (such associates to be admitted to participation with the full consent of, and to the extent, not more than forty per cent of the whole,-to be determined by the Chinese Government), hereinafter called the banks, and Pauling & Co., hereinafter called the Contractors, of the other part:

Now it is hereby mutually agreed by and between the parties hereto as follows:

I. The administration engages to borrow from the bank the sum necessary to construct the railway from Chinchou to Aigun. The rate of interest for this loan shall not exceed 5 per cent per annum, and the terms of issue, which shall be the most favorable obtainable, and the other details of procedure shall be arranged in a mutually satisfactory manner.

* Text as printed in For. Rel., 1910, p. 232. See Note to this document, post, p. 802.

The payment of interest and amortization of this loan shall be guaranteed by the Imperial Chinese Government and the security therefor shall be the railway line.

Interest payments and amortization shall be met by the receipts of the railway or the proceeds of the loan, and if these be insufficient, by Manchurian revenues as may hereafter be selected by the administration and the bank in a manner to be mutually satisfactory.

The first bond issue shall be for the amount necessary for the construction and equipment of the railway between Chinchou and Tsitsihar. The second shall be for the construction and equipment of the railway between Tsitsihar and Aigun.

An equitable arrangement shall be made for the redemption of the bond issue by the board of communications prior to the expiration of their term.

II. The administration agrees to contract with the contractors for the construction and equipment of this road. The contractors engage to build and equip the line using the best possible materials on the cheapest possible terms.

The detailed terms and conditions, etc., shall be arranged hereafter in a manner that shall be mutually satisfactory.

III.-On equal terms Chinese materials shall be given the preference. If however Chinese materials are not available recourse shall be had to other markets.

The administration shall be liable to the contractors only for the contract price of the railway and it is clearly understood that no commission shall be paid on the purchase of materials.

IV. During the construction of this railway the appointment of the chief engineer shall be vested in Pauling & Co. but this appointment must be approved by the president of the railway company to be designated by the Imperial Chinese Government. The chief engineer shall be under the control of the Board of Communications and the Railway Company.

V. As the work of construction is completed section by section the railway shall be operated, during the currency of the loan, by a company which shall be under the control of the board of communications. If after the payment of interest and amortization charges, and operating expenses, there be a surplus the railway company shall receive 10 per cent thereof.

VI. The company shall be composed of Chinese, Americans and British as may be hereafter arranged, the Chinese to have a majority interest in the control, but under no circumstances shall persons of any other nationality than those herein mentioned have any voice in the management or control of the company without the full permission of the Imperial Chinese Government.

The company shall have as its president a high official appointed by the Imperial Chinese Government. The other details of organization shall be subsequently arranged in a mutually satisfactory manner.

VII. This railway company is to be organized by Chinese, American and British interests. It is recognized however that this line is constructed in Chinese territory for commercial purposes and in case of war may be used only for the transportation of Chinese troops and munitions of war.

VIII.—This preliminary agreement is signed by their excellencies the viceroy

of Manchuria and the governor of Fengtien with the bank and the contractors subject to approval by imperial edict, without which it shall be null and void.

IX. In case certain portions of this agreement are characterized as unacceptable by the imperial edict or in case the administration finds on further consideration that there are certain unsatisfactory provisions therein, these clauses, to which exception has been taken, shall be revised in the detailed agreements in a manner which shall be satisfactory to all parties.

X. This agreement is executed in triplicate in English and Chinese, one set to be retained by their excellencies the viceroy of Manchuria and the governor of Fengtien, one set by the American group, and one set by Pauling & Co. In case there be any misunderstanding arising from a difference between the English and Chinese texts the matter shall be settled by a mutually satisfactory arrange

ment.

Signed at Mukden by the contracting parties this nineteenth day of the eighth moon of the first year of the Emperor Hsuan Tung, being the 2d day of October of the Year 1909 of the western calendar.

(Signed)

The Viceroy of Manchuria and the
Governor of Fengtien.

(Signed) For J. P. MORGAN AND COMPANY,

KUHN, LOEB AND COMPANY,

THE FIRST NATIONAL BANK,

THE NATIONAL CITY BANK of New York,

Constituting the American Group,

WILLARD D. STRAIGHT,

(Signed) FOR PAULING AND COMPANY,

Agent.

FRENCH, per W. D. S.

Agent.

Note.

The imperial edict of approval, contemplated by Article VIII of the agreement, was issued on January 21, 1910, but no detailed agreement in pursuance of this preliminary agreement has yet been concluded.

For the protests made in behalf of other nationalities against this agreement, see The Forum, July, 1910, pp. 74-83.

In connection with this agreement, see the memorandum of agreement between the American group and Pauling & Co., as follows:

Memorandum of Agreement between the American Group and Pauling & Company, October 6, 1909.

In addition to the provisions of the Preliminary Agreement with Their Excellencies, the Viceroy of Manchuria and the Governor of Fengtien for the financing, construction, and subsequent operation of the Railway from Chinchou to Aigun to which the American Group as well as Pauling and Company are parties,

It is agreed as between the American Group and Pauling and Company that:

I. Since it may be necessary for the American Group in making its financial arrangements with the Chinese Government to furnish funds on terms ensuring a margin of profit not commensurate with the risks involved, Pauling and Company will give the American Group not less than 22 per cent. of the contract price for both sections of the railway referred to, such percentage to be paid on the completion of the entire road.

II.-At least one-half of the materials and equipment purchased in Europe and America shall be American.

III. In view of the fact that upon completion the railway will be operated by a Company in which the American Group as well as Pauling and Company will be equally interested (unless otherwise arranged to the satisfaction of both parties), certain American engineers to be recommended by the American Group shall be employed by Pauling and Company during the period of construction.

IV. All other details necessary to secure proper cooperation between the parties to this Agreement shall be arranged upon a mutually satisfactory basis.

V. Any revision of the above stipulations, if such be found necessary, shall be made

by mutual agreement.

Signed in duplicate at Peking this sixth day of October One Thousand Nine Hundred and Nine.

Convention in regard to Manchuria.*—July 4, 1910.

The Imperial Government of Russia and the Imperial Government of Japan, sincerely attached to the principles established by the convention concluded between them July 17/30, 1907, and desiring to develop the results of that convention with a view to the consolidation of peace in the Far East, have agreed to complete the said arrangement by the following agreements:

ART. I.-For the purpose of facilitating the communications and developing the commerce of the nations, the two High Contracting Parties engage mutually to lend each other their friendly cooperation with a view to the improvement of their respective lines of railroad in Manchuria, and to the perfecting of the connecting service of the said railways, and to refrain from all competition unfavorable to the attainment of this result.

ART. II.-Each of the High Contracting Parties engages to maintain and to respect the status quo in Manchuria as it results from all the treaties, conventions or other arrangements hitherto concluded, either between Russia and Japan

* Translation from the official French text as printed in the Russian Government Messenger of July 1/14, 1910.

Other translations printed in F. E. Review, vol. VII, p. 89, and Am. Int. Law Journal, Supplement, 1910, p. 279. See Note to this document, post, p. 804.