File No. 5767/102–103.

Chargé Fletcher to the Secretary of State.

No. 1246.]

Sir: Referring to my No. 1240, of the 6th instant, I have the honor to inclose copies of the “agreement” between the viceroy of Manchuria and the governor of Fengtien and the Japanese consul general with refesence to the working of mines “near” the Mukden-Antung Railway, mentioned in the agreement recently concluded between China and Japan. The department will note that the mining rights refer to particular minerals and that gold and silver mines are not included.

I have, etc.,

Henry P. Fletcher.
[Page 117]
[Inclosure.]

memorandum concerning mines along the line of the antung-mukden railway.1

(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.
(4)
In the 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 Ohihli 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.
  1. The foregoing is the text of the “agreement” of 1907, furnished Mr. Fletcher by an official of the Wai-wu Pu.