When graves are found on the way of the projected railway the line shall be constructed so as not to encroach upon them. Where the railway crosses roads it shall be so constructed as not to interfere with the traffic on such roads.

ART. IV. Terminal stations shall be placed at Seoul and Fusan respectively. The stations shall be erected at such places as will be found suitable, but in those places no foreigners will be allowed to reside.

ART. V. The machinery, plants, tools, instruments and other articles of whatever description and kind destined for use in connection with the railway, as well as the lands belonging to the railway, and profits of various kinds, shall be exempted from the imposition of any duties, taxes or charges.

ART. VI. Although it shall be in the power of the inspectors of works to employ Koreans and foreigners without distinction, more Koreans than foreigners shall be employed. In the construction of embankments and similar work Koreans should be employed at the rate of nine out of each ten. In case the company employs foreign laborers because Korean labor becomes dearer on account of the demand for labor, such foreign laborers shall all be returned to their own countries when the work shall have been completed, and their entry and exit shall be strictly supervised by the Customs in order that none shall remain in the country. Korean timber and wood shall be used in the work, but in case they are unfit for use, Japanese and Korean timber and wood can be used promiscuously.

ART. VII. The promoters of the railway company or their representatives, in order to carry out the projected work, shall have power to organize a company and collect capital. The said company can make contracts necessitated by the construction and working of the railroad, and also can themselves dispose of everything required therefor as their own property. Further, the company shall, in the management of this enterprise, be vested with all rights and privileges which are generally enjoyed by railway companies.

ART. VIII. The promoters of the said company, or their representatives, shall make estimate of the amount of expense to be incurred and collect the capital. The Korean government do not provide anything outside of the lands above referred to.

ART. IX. In case branch lines of railway shall be constructed in the other provinces, only the Korean government or Korean subjects shall undertake the enterprise, and no foreign government or subjects shall be allowed to do so.

ART. X. The work of construction shall be begun within three years from the date of the signing of the present agreement. In case of failure to commence it within the above limit, the present agreement, unless renewed, shall be considered invalid. If the delay occurs from war

or such other causes as are unavoidable, the limit shall be extended. If the work shall not be completed within ten years from the date of the agreement it shall be abandoned. If within the said ten years war or some other unforeseen event occurs, the term can be extended in proportion to the period during which such circumstances existed.

ART. XI. In case difficulties arise regarding the railway, the Korean government and the Company shall each appoint one representative and let them jointly decide such differences. If these two persons cannot come to an agreement, a third person shall be called in as a referee and he shall decide the case, which decision shall be final and binding upon both parties. If the referee does not desire to decide by himself, he and the two original representatives, together with two outsiders separately appointed, shall discuss and decide the matters in dispute.

ART. XII. At the end of fifteen years from the completion of construction, the Korean government shall have the right to purchase the railway, if it so desires, at the value appraised by the parties mentioned in the 3rd clause of the preceding article. If it cannot so purchase, the concession will be extended another ten years. If at the end of the latter term the Korean government still cannot purchase the railway, the term shall be extended another ten years. The period of such successive extension shall always be ten years.

ART. XIII. Whenever the financial condition of the Korean government shall be restored to a sound basis and it shall become able to operate the railway, it can revise the present agreement after negotiating with the company with the object of making the enterprise a joint undertaking between Japan and Korea.

ART. XIV. The companies or subjects of Korea can at any time become shareholders of the said railway company, and they shall be entitled to the same rights and privileges as others.

ART. XV. The said railway company shall under no circumstances transfer its shares to governments or individuals other than the Japanese or the Korean governments, or their respective subjects.

In witness of the validity of each of the preceding articles of the present concession the respective representatives affix their seals. September 8th of the second year of Kuwang Wu.

SASAKÉ KIYOMARO,

President of the Diplomatic Bureau
of the Ministry of Foreign Affairs.
INOUYÉ CHOJIRO.

President of the Bureau of Communications

in the Department of Agriculture and Public Works.

SEPTEMBER 8TH OF THE 31ST YEAR OF MEIJI. (1898).

No. 75.

RUSSIA.

CONCESSION OF WHALING PRIVILEGES.

MARCH 29, 1899.

This writing witness that the Government of Dai Han (Korea) does hereby make to Count Henry Keyserling the concessions herein mentioned and that said Government and said Count Keyserling hereby make the following stipulations and agreements respecting the same:

ARTICLE 1.

There shall be set apart without delay for the use and occupation of Count Keyserling, as herein agreed upon, three places, viz:

1. In the province of Kiong-sang, along the coast near Cape Tikhmeneff (Oolsan Bay).

2. In the province of Kang-wan, at the place of Chang ShingTakoo.

3. In the province of Ham-kiung, on the island of Ching-po.

Each of said places shall not exceed in extent 700 feet in length and 350 feet in width, and they shall be located on convenient spots near the seashore.

ARTICLE 2..

The location and limits of the above-mentioned three places shall without delay be made by the Government of Dai Han through a duly appointed representative and Count Keyserling acting jointly, and the limits of the same shall be clearly marked on the spots by stone or wooden posts, and a map and description of each place in Russian and Chinese shall be made in duplicate and signed by said representative and Count Keyserling. One duplicate to be delivered to and kept by the foreign office of the Dai Han Government and the other to be delivered to and kept by Count Keyserling, and the same shall, when so delivered, be considered and taken as part of his agreement.

ARTICLE 3.

If the places mentioned in article 1 belong wholly or in part to the Dai Han Government, then Count Keyserling may take possession of such part as belongs to the Government as soon as the maps and

description have been signed and delivered as provided in article 2; but if any part of the same belongs to a Dai Han subject, such part shall not be taken or occupied until such subject is paid the full value of his property and rights of every kind, such payment to be made by Count Keyserling. If Count Keyserling is unable to agree with such owners as to the value and price to be paid, such price and value shall be determined by the joint action of a representative of the Dai Han foreign office and Count Keyserling, and in no case shall property belonging to a Dai Han subject be taken or occupied until special permission so to do shall be issued under the seal of the Dai Han foreign office.

ARTICLE 4.

When Count Keyserling shall obtain possession of said three places as mentioned and described above he shall have the right to use and occupy the same during the term of this agreement for the purpose of working up whales and their products, and for that purpose may erect and maintain thereon all necessary buildings, godowns, ware and store houses, and other houses and structures necessary for carrying on said business with the right to fix and operate necessary machinery and other appliances for such purpose.

ARTICLE 5.

Count Keyserling will employ for the work under this agreement preferably Dai Han subjects; but in case of strikes or insufficiency of special knowledge or unsuccessful workmanship he can replace them by workmen of other nationalities, provided that, with the exception of Chinese, no foreigner shall be employed unless his government is in treaty relations with the Dai Han Government, and passports must be procured from the Dai Han Government for all such workmen, as well as for all foreign employees of Count Keyserling. If any of such foreign employees or workmen break the laws of Dai Han or the customs regulations or cause trouble with the natives or engage in smuggling either by export or import or break any of the regulations of this agreement, the Dai Han Government may cancel and withdraw such passport and will give notice thereof to the representative of the government to which the offender belongs, and such offender shall no longer have the right to reside outside the treaty ports; and Count Keyserling shall thereupon discharge from his employment the offender and use his best efforts to have such offender leave the country or go to an open port.

Count Keyserling further undertakes that he and his representatives will in good faith endeavor to preserve order among his foreign. employees and workmen and to prevent them from breaking the laws of Dai Han or the customs regulations or causing trouble and to bring them to justice and punishment in case they do so.

ARTICLE 6.

No part of the three places assigned to Count Keyserling by this agreement shall be used or occupied for any purpose except for those mentioned in this agreement; and all concessions herein made to Count Keyserling shall be strictly construed; and no concessions or rights are granted hereunder by the Dai Han Government unless expressly named, given, and provided for in this agreement. Neither Count Keyserling nor any foreign workmen or foreign employees of Count Keyserling shall engage in any business or occupation at said places except in the business embraced by this agreement; and in case such workman or employee does engage in any other business or occupation he shall be discharged by Count Keyserling and his passport canceled, and he shall not be permitted to remain outside of the treaty ports. Full jurisdiction shall be retained by the Dai Han Government over all its subjects employed by Count Keyserling, and no asylum shall be given by him or his foreign employees or workmen to such subjects.

ARTICLE 7.

The Dai Han administration will render all proper assistance to Count Keyserling in his dealings with the local population and workmen.

ARTICLE 8.

No work or operations shall be carried on in said places or in the ports in which they are situated which will create disease or be detrimental to public health.

As incident to the grant herein made of the places on which to work whales Count Keyserling may erect landing stages attached to and in front of each of said three places and extending into the water. Should it afterwards be found that the structure erected interferes with the navigation of the port or tends to fill up or injure the port the same shall forwith be removed by Count Keyserling at his expense, and if he fails to do so after notice of two months the Dai Han Government may remove the same.

ARTICLE 9.

It is expressly understood that nothing in this agreement, and no rights and concessions herein given or made, shall prevent the Dai Han Government from opening any port to foreign trade, and that in case any port is opened where any place selected and assigned to Count Keyserling is situated and the Dai Han Government desires to embrace such place within a foreign settlement, then such place shall be treated as Dai Han property and may be taken for the purpose of