File No. 4002/209–210.
Immediately on the arrival of Gen. Horvath in Peking on March 15 he and
the Russian minister called on and asked me to state the objections of
my Government to the present methods of municipal [Page 209] administration at Harbin and its
suggestions concerning a satisfactory settlement of the question. This I
did, basing my remarks entirely on the notes exchanged by the department
with the Russian ambassador in Washington, copies of which the
department had sent me. Gen. Horvath assured me that he had no objection
to raise against the principle of an international settlement at Harbin
and that he would be pleased to consider in a conciliatory spirit any
propositions the Chinese might have to make on the subject, though he
was not empowered at present to conclude any definite arrangement with
the Wai-wu Pu.
The same day I went to the Wai-wu Pu and saw President Liang Tun-yen. He
told me that he just had a conversation with the Russian minister and
Gen. Horvath, and that they had readily agreed in principle to the
creation of an international settlement at Harbin. He said he had told
them that he would submit to them a draft of the Chinese Government’s
views on the subject. He said that he did not anticipate much trouble in
reaching a satisfactory agreement concerning Harbin, but that the
questions of municipal administrations in other localities along the
line of the Chinese Eastern Railway, where there were a few Russians
only and a large Chinese population, was more difficult of adjustment,
but he felt very hopeful/of reaching an understanding with the
Russians.
On the 24th of April I was told by the Harbin Tao-t’ai that an
understanding had been reached with the Russians. The signing of the
arrangement was put off from day to day until the 11th instant, when it
was signed by the representative of the Chinese Eastern Railway Co. and
the Russian minister and by Liang Tun-yen, president of the Wai-wu Pu;
the Tao-t’ai of Harbin, Sze Sao-ki (Shih-chao-chi), and Yu Szu
hsing.
At the same time as the preliminary arrangement was signed notes were
exchanged between the Wai-wu Pu and the Russian minister recognizing the
principle, which Russia agrees fully to respect, of complete Chinese
sovereignty over the leased territory and that the rights and privileges
enjoyed by the subjects of other powers under the treaties between China
and other nations are fully preserved to them in the same zone.
On the 14th instant a copy of the agreement and the text of the notes
were sent me by the Tao-t’ai of Harbin, and on the 15th the Russian
minister also handed me a copy of the arrangement.
I inclose herewith copy of the French text of the arrangement, with an
English translation of the same, and copy of the text of the notes
exchanged between the Russian minister and the Wai-wu Pu.
[Inclosure
1—Translation.]
Preliminary arrangement.
[Original in French, Chinese, and Russian.]
Differences of opinion having arisen concerning the interpretation of
the contract for the construction and exploitation of the Chinese
Eastern Railway, made in the twenty-second year of Kuang Hsü eighth
moon, second day (27th August, 1896), the Governments of China and
Russia have agreed on the subject of the organization [Page 210] of municipalities upon the
lands of the said railway upon the following general provisions:
I.
As a fundamental principle, the sovereign rights of China on the
lands of the railway are recognized without any prejudice
whatsoever.
II.
China takes all measures emanating from her sovereign rights on the
lands of the railway. Neither the railway administration nor the
municipalities shall under any pretext whatever oppose these
measures in so far as the said measures are not in contravention of
the contracts concluded with the Chinese Eastern Railway Co.
III.
The contracts of the Chinese Eastern Railway actually in existence
remain in full force.
IV.
The laws or ordinances and legislative measures resulting from
China’s sovereign rights shall be drawn up and published by Chinese
officials in the form of proclamations.
V.
High Chinese officials and official agents visiting the lands of the
railway shall be received by the management of the railway and the
municipalities with all due consideration and respect.
VI.
Municipal organizations shall be established in the important
commercial centers situated on the lands of the railway. The
inhabitants of the commercial centers, according to the importance
of the localities and the number of the inhabitants, shall name by
election delegates who shall choose an executive committee; or, the
inhabitants themselves shall participate in municipal affairs and a
representation from among them shall be elected, who shall be
charged with the execution of the resolution adopted by the assembly
of all the inhabitants.
VII.
There is not the slightest difference made upon the lands of the
railway between the Chinese population and that of other
nationalities; all the inhabitants enjoy the same rights and are
subject to the same obligations.
VIII.
Every member of the community who is the owner of real (property) of
a fixed value or who pays a fixed annual rent and tax shall have the
right to vote.
IX.
The president is elected by the assembly of delegates and chosen from
amongst themselves regardless of nationality.
The assembly of delegates is competent to pass upon all local
questions of public utility. Institutions in which a part only of
the inhabitants is interested—such as churches, chambers of
commerce, schools, charitable institutions, etc.—shall be supported
by that portion of the inhabitants by means of assessments.
XI.
The assembly of delegates chooses from amongst its members, and
without distinction of nationality, the members charged with the
management of municipal affairs; not to exceed three in number. In
addition, the president of the Chiao She Chu and the director of the
railway shall each appoint a delegate. The delegates and the
above-mentioned members, including the president, shall constitute
the executive committee.
[Page 211]
XII.
The president of the assembly of delegates is at the same time
president of the executive committee.
XIII.
The president of the Chiao She Chu and the director of the railway,
occupying a position superior to that of the presidents of the
assemblies of delegates and of the committees, have the power of
control and personal revision, which they may exercise when they
deem it necessary. The delegates mentioned in Article XI present to
them reports on current affairs. Besides, all the resolutions passed
by the assembly of delegates shall be submitted to the joint
approval of the president of the Chiao She Chu and the director of
the railway, after which these resolutions shall be published in the
form of a notice in the name of the executive committee and become
binding on all the inhabitants whatever their nationality may
be.
XIV.
In case the resolutions of the assembly of delegates should not be
approved by the president of the Chiao She Chu or the director of
the railway, these resolutions must be returned to the assembly for
reconsideration. If the same resolution is adopted by a majority of
three-fourths of the members present it becomes binding.
XV.
Important questions concerning the public interest or the municipal
finances in the commercial centers upon the lands of the railway
shall be submitted, after discussion in the assembly of delegates,
to the examination and approval of the president of the company
(high Chinese official according to Article I of the contract of
1896) conjointly with the principal administration (board of
directors) of the Chinese Eastern Railway Co.
XVI.
The Chinese Eastern Railway Co. has the free administration of the
lands specially affecting the service of the railway, such as
stations, workshops, etc. All the other lands of the railway company
not leased to others, as well as buildings reserved for the
exclusive use of this company, if these lands and buildings have not
been transferred to the municipalities in accordance with the plans
agreed upon, shall be temporarily subject, as heretofore, to the
administration of the said company. The lands in this category shall
be provisionally exempt from taxes, etc.
XVII.
The foregoing general arrangements are to serve as a base for the
elaboration of a detailed arrangement concerning the municipalities
and the police; likewise the rate of taxation shall be determined.
It is agreed to proceed to the elaboration of this arrangement
within a month from the date of the signature of the present
agreement (11th May, 1909).
XVIII.
Until the detailed arrangement concerning the municipal organizations
have been elaborated and put into effect the municipalities shall
conform provisionally to existing regulations, with the application
of Article XIII of the present agreement relative to the rights of
control of the president of the Chiao She Chu and the director of
the railway with respect to the municipalities. If the president of
the Chiao She Chu and the director of the railway shall not approve
the decisions of the assembly of delegates, and if, after an
exchange of views, an agreement can not be reached by these
officials, two special delegates shall be separately elected by the
inhabitants, Chinese and foreign. The president of the Chiao She Chu
and the director of the railway conjointly with these two delegates
shall choose a fifth person, Chinese or foreign, who enjoys the
general esteem, in order to form a committee to discuss and arrange
the difference by agreement. The Chamber of Commerce at Harbin is
authorized to name three members, who shall form part of the
executive committee of the city and have the same part in the
management of affairs as the other members of the said committee.
The chambers of commerce of the communities of Manchuria and Hailar
shall each choose two delegates, who will form part of the
respective committees. In the other commercial centers where there
exist only general assemblies the Chinese and Russian [Page 212] population shall take
equal part in the administration of municipal affairs. The elections
for the assemblies and committees shall take place in accordance
with the new detailed arrangement as soon as the same shall have
been elaborated.
The text of this arrangement has been rendered in the Chinese,
Russian, and French languages, and there exists four copies of it in
each language. Each of these copies has been duly signed and bears
the respective seal of the parties interested.
In case of disagreement the French text alone shall be
authoritative.
Done at Peking the first year of Hsüan T’ung, third moon,
twenty-first day (27th April, 1909).
Signed (May 11, 1909).
Liang Tun
Yen
.
Sze Sao
Ke
.
Yu Szu
Using.
J.
Korostovetz
. [
l.
s.]
D.
Horvath.
[
l.
s.]