No. 26

JAPAN AND CHINA

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 AntungMukden Railway:

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

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-hsiangtun 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.2

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.

1 MACMURRAY, vol. 1, p. 787, 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. 13, ante), particularly Article 6; agreement concerning mines and railways in Manchuria, September 4, 1909 (No. 27, post); convention relating to railway connections at Antung, November 2, 1911 (No. 31, post).

2 In Chung Hwa 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. For translation of this text, see MACMURRAY, vol. I, p. 788.

No. 27

JAPAN AND CHINA

Agreement concerning mines and railways in Manchuria.'-September

4, 1909

The Imperial Government of Japan and the Imperial Government of China, actuated by the desire to consolidate the relations of amity and good neighborhood between the two countries, by settling definitely the matters of common concern in Manchuria, and by removing for the future all cause of misunderstanding, have agreed upon the following stipulations:

ART. 1.-The Government of China engages that in the event of its undertaking to construct a railway between Hsinmintun and Fakumen, it shall arrange previously with the Government of Japan.

ART. 2. The Government of China recognizes that the railway between Tashichao and Yinkow is a branch line of the South Manchuria Railway, and it is agreed that the said branch line shall be delivered up to China simultaneously with the South Manchuria Railway upon the expiration of the term of concession for that main line. The Chinese Government further agrees to the extension of the said branch line to the port of Yinkow.

ART. 3. In regard to the coal mines at Fushun and Yuentai, the Governments of Japan and China are agreed as follows:

(a) The Chinese Government recognizes the right of the Japanese Government to work the said coal mines.

(b) The Japanese Government, respecting the full sovereignty of China, engages to pay to the Chinese Government tax upon coals produced in those mines. The rate of such tax shall be separately arranged upon the basis of the lowest tariff for coals produced in any other places of China.

(c) The Chinese Government agrees that in the matter of the exportation of coals produced in the said mines, the lowest tariff of export duty for coals of any other mines shall be applied.

(d) The extent of the said coal mines, as well as all detailed regulations, shall be separately arranged by commissioners specially appointed for that purpose.2

ART. 4.—All mines along the Antung-Mukden Railway and the main line of the South Manchuria Railway, excepting those at Fushun and Yuentai, shall be exploited as joint enterprises of Japanese and Chinese subjects, upon the general principles which the Viceroy of the Eastern Three

1 MACMURRAY, vol. 1, p. 790; translation from the Japanese text, as printed in For Rel., 1909, p. 118. Printed also in Am. Int. Law Journal, Supplement, 1910, p. 130. See Note 1 to this document, post, p. 130.

2 See Note 2 to this document, post, p. 131.

Provinces and the Governor of Mukden agreed upon with the Japanese Consul General in the fortieth year of Meiji, corresponding to the thirtythird year of Kuangshu.1 Detailed regulations in respect of such mines shall, in due course, be arranged by the Viceroy and the Governor with the Japanese Consul General.2

ART. 5. The Government of Japan declares that it has no objection to the extension of the Peking-Mukden Railway to the city wall of Mukden. Practical measures for such extension shall be adjusted and determined by the local Japanese and Chinese authorities and technical experts.3 In witness whereof, the undersigned, etc., etc.

Note 1

In connection with this agreement see also the Sino-Japanese treaty and exchanges of notes respecting South Manchuria and Eastern Inner Mongolia, May 25, 1915 (No. 35, post).

At p. 117 of For. Rel., 1909, is printed the following translation (from the Chinese text) of a memorandum concerning mines along the line of the Antung-Mukden Railway, signed in 1907 by the Viceroy of Manchuria and the Japanese Consul General at Mukden:

Memorandum concerning Mines along Antung-Mukden Railway, 1907

"1. The Japanese Consul General hereby declares that when the present military railway between Antung and Mukden is changed to standard gauge the present route may be slightly changed but will not follow an entirely different route.

"2.-The Japanese who are temporarily residing along the line of the railway will be prohibited by the Japanese Consul General from surveying mining properties. Hereafter such work will be carried on under the provisions of Article 3.

"3.-All coal, iron, tin and lead mines situated near the railway may be worked conjointly after officials of both countries have made an inspection. The operators concerned should specify exactly the localities to be worked and petition the Viceroy of Manchuria and the Governor of Fengtien, who, after giving their consent, will ask for an edict permitting the work to be carried on. The conditions of working the mines will be similar to those contained in the Agreement of Lin-ch'eng Hsien. [See the agreement of March 22, 1905 (MACMURRAY, vol. 1, p. 493).]

1 Quoted in Note 1 to this document, infra.

For correspondence between the American and the Chinese and Japanese Governments concerning the effect of this provision, see For. Rel., 1909, pp. 116-124. In the course of that correspondence, the Chinese Foreign Office, under date of November 18, 1909, stated to the American Legation that "the reference in the said agreement to joint Chinese-Japanese exploitation of mines along the two railways mentioned does not involve a monopoly of the rights and privileges of opening mines in the designated territory, nor confer any exclusive rights to mines therein upon Japanese subjects, but that mines in the territory mentioned may with the consent of the Chinese Government be exploited by third parties also." Under date of November 25, 1909, the Japanese Ministry for Foreign Affairs likewise advised the American Embassy that "the provisions of the agreement of September 4 last, in reference to joint exploitation of mines along the said railways do not and were not intended in any way or to any extent to involve a monopoly of the right to discover, open, and operate mines in Manchuria, to the exclusion of American citizens, or any other persons."

2 See Note 3 to this document, post, p. 132.

3 An agreement for the extension of the Peking-Mukden Line was signed at Mukden, September 2, 1911 (MACMURRAY, vol. 1, p. 795).

"4.-If in future operators of other nationalities are permitted to work coal mines and are given better terms than those of the agreement of Lin-ch'eng Hsien in Chihli Province, thereafter the coal mines along the line of this railway which are permitted to be worked jointly shall on petition be granted the same privileges. The iron, tin, and lead mines, which are worked jointly shall pay taxes and dues according to such regulations as may hereafter be issued by the Board of Agriculture, Industries, and Commerce.

"5.-If hereafter operators of other nationalities are permitted to work iron, tin, or lead mines in the province of Fengtien and if after paying the taxes and dues fixed by the board they enjoy any special privileges, thereafter such companies of Chinese and Japanese as may be permitted to work these three sorts of mines along the line of the railway shall on petition be accorded the same privileges."

Note 2

The following is a translation, from the Japanese text printed at p. 44 of Shina Kankei Tokushu Joyaku Isan, of the detailed regulations for the Fushun and Yentai Mines, signed on May 12, 1911:

Detailed Regulations for Fushun and Yentai Mines, May 12, 1911

"The delegates of Japan and China, having been duly clothed with authority by their respective Governments, do establish the following detailed regulations in regard to the Fushun and Yentai mines, based on the provisions of Article 3 of the agreement in regard to Manchurian affairs which was concluded by the Governments of Japan and China at Peking on the 4th day of the 9th month of the 42nd year of Meiji (20th day of the 7th moon of the first year of Hsüan T’ung: i.e., September 4, 1909).

"ART. 1.-The South Manchuria Railway Company, hereinafter referred to as the Company) agrees to pay to the Chinese Government a mining tax for the coal of the Fushun and Yentai mines (hereinafter referred to as the two mines), which shall be fixed at five per cent. of its value at the mouth of the mine, provided that as long as the output of coal is less than 3000 tons of coal per day the amount of the tax shall be computed by fixing the price at the mouth of the mine at one Kuping tael per ton, and when the output per day exceeds 3000 tons, at one yen (Japanese currency) per ton.

"ART. 2.-The Company agrees to pay to the Chinese maritime customs for the coal of the two mines exported from a point of maritime navigation an export tax which shall be computed at one-tenth of a Haikwan tael per ton, that is to say, at the rate of one mace silver.

"The export tax for coal of the two mines exported overland through Chosen or Russia shall be separately decided afterwards.

"ART. 3.-The tax to be paid mentioned in Article 2 shall apply to coal from the date of the agreement in regard to Manchurian affairs, which was entered into at Peking, that is to say the fourth day of the ninth month of the 42nd year of Meiji (20th day of the 7th moon of the first year of Hsuan T'ung). The Company shal! pay to the Chinese Government a mining tax for coal mined subsequent to that date. The export tax which was paid in excess to the Chinese maritime customs from that day shall be refunded by the Chinese Government to the company at the rate of 2 mace per ton.

"With reference to the mining tax in future, the company shall pay to commissioners designated by the Chinese Government for collecting the taxes the amount_for the preceding three months four times each year, that is to say in January, April, July and October of the Japanese calendar. The amount of the export tax shall be paid each month for the preceding month as soon as possible to the Chinese maritime customs. "ART. 4.-In case coal from the two mines is loaded into a vessel for its own consumption, it shall be treated according to the usual rule of the maritime customs.

"ART. 5.-The Company need not pay a mining tax for coal for its own use, provided however, this amount shall be fixed at 700 tons per day.

"ART. 6.—In addition to taxes in accordance with Articles 1 and 2, there shali be no other taxes for the coal of the two mines such as the imposition of likin and other fees, but in case the taxes in respect to other coal are fixed at a rate lower than that for the two mines, the Company also shall have the right to have the taxes made equal.

"In lieu of the likin and other taxes mentioned in the foregoing paragraph, the Company shall pay to the Chinese Government yen 50,000 per annum in four instalments in the same manner as mentioned in paragraph 2 of Article 3.

"The Chinese authorities shall take steps to make it known generally in the various provinces that the coal has been freed from likin and other charges.

"ART. 7.-The boundaries of the two mines shall be in accordance with a map which shall be fixed after a conference of the commissioners of the two Governments. “ART. 8.—The Chinese Government will agree not to allow anyone outside the Company to prospect or mine within the boundaries of the two mines, and speedily to cancel permission which may already have been granted to anybody.

“ART. 9.—When there is anybody who mines coal or attempts to mine coal within the borders of the two mines without the permission or consent of the Company, it shall report it to the Chinese authorities. In such an event the Chinese authorities shall strictly prohibit it.

"ART. 10.-The Chinese authorities will agree to afford sufficient facilities in mining, transportation of coal and the hiring of laborers.

"ART. 11.-In case the Company requires private land within the boundaries of the mines, which is necessary for mining purposes, or requires the extension of the railway, it shall be reported to the Chinese authorities, and a decision shall be reached after a mutual consultation.

"When the Company has finished mining it shall restore to the Chinese Government the land that was used for mining.

"ART. 12.-When the Company requires the removal of graves or houses within the land that it uses for mining, it shall confer with the owner and shall pay him a suitable fee for removal. In case any damage is done in these matters on account of mining, it shall agree to pay a suitable indemnity.

"ART. 13.-The Company shall agree to establish appropriate provisions for the control of laborers and for relief.

"ART. 14.-These detailed regulations shall be effective for sixty years from the date of their enforcement. If when this period is reached the mines are not exhausted, the period shall be extended.

"These detailed regulations shall be drawn up in Chinese and Japanese, four copies of each. After they have been signed and sealed by the commissioners of each country, the two Governments shall attest them by furnishing one copy in Japanese and one copy in Chinese apiece to the South Manchuria Railway Company and the Governor General of the Three Eastern Provinces.

"Hou Kuan Taotai Ch'i Ku-yi is to sign in a few days upon returning to China."

Note 3

The following agreement between the Chinese Government and Messrs. Okura & Company, the Japanese holders of the Penhsihu Mine, dated May 22, 1910, is given in COLLINS, p. 279: