File No. 893.114/152
In submitting these regulations for the approval of the Department, I beg
to invite attention to the somewhat surprising provisions of Article 12,
by which the Chinese Government, despite its long maintained claim to
the retention of administrative sovereignty in the zone of the Chinese
Eastern Railway, impliedly delegates to the Russian authorities the
right of legislation in this matter for not only the railway line
itself, but, indirectly, for the adjacent zone on either side of the
railway. It is possible—though in noting the suggestion I am not
disposed to recommend it as advisable—that the Department might think it
expedient to accept the regulations, as applicable to American citizens
within the 50-verst frontier zone bordering Russian territory, subject
to a reservation as to the applicability of, Article 12. I am inclined
to believe, however, that such a reservation, implying on our part a
more scrupulous solicitude in behalf of Chinese sovereignty than the
Chinese Government has itself demonstrated in this matter, would tend
only to complicate rather than to strengthen our contention in the
matter of the status of the Harbin municipality and other questions
connected with the administration of the Chinese Eastern Railway
Zone.
[Inclosure—Translation]
Russo-Chinese Agreement concerning the Suppression
of the Liquor Traffic in Northern Manchuria, signed on the
8th/21st of May, 1916, approved by the Russian and Chinese
Governments on the 27th of June/10th of July, 1916, and enforced
on the 27th of August/9th of September, 1916
collection of laws and ordinances of the
government, published by the ruling senate at petrograd, section
1, no. 220, august 19th, 1916, article 1791
[Unofficial translation prepared by the Russian
Legation at Peking]
In pursuance of the exchange of notes which took place August
22d/September 4th 1915, between the Imperial Russian Minister in
Peking and the Minister for Foreign Affairs of the Chinese Republic,
the undersigned, having been duly authorized thereto, have agreed as
follows:
Article 1.—The importation into the 50
versts zone of the Province of Kirin and Heilungchiang adjoining the
Russian frontier of all alcohol, alcoholic liquors and wines,
irrespective of the method of preparation, is, with the exception of
samshoo, prohibited.
Article 2.—The exportation out of the area
of this zone into Russia of all alcohol, alcoholic liquors and
wines, irrespective of the method of preparation and inclusive of
samshoo, is prohibited.
[Page 290]
Article 3.—The purchase, sale, storage,
conveyance and carrying in the above-mentioned zone of alcohol,
alcoholic liquors and wines, exclusive of samshoo, is absolutely
prohibited.
Article 4.—The preparation within the
limits of the said zone of alcohol, alcoholic liquors and wines is
not allowed and all alcohol and vodka distilleries, vodka depots and
shops now existing in the said zone must, with the exception of
Chinese samshoo distilleries and shops, be definitely closed. Stocks
of alcohol, alcoholic liquors and wine on hand at the time of
closure may be exported out of the 50 versts zone into China within
a period of six months.
Article 5.—(The text of this article will
be determined by agreement between Wai Chiao Pu and the Imperial
Russian Legation in Peking.)
Article 6.—Persons guilty of a breach of
the preceding articles shall be held legally responsible; while
persons assisting in the discovering of the guilty shall receive
rewards according to a fixed scale and alcohol, alcoholic liquors
and wines discovered together with all apparatus and appurtenances
used in the preparation, storage and conveyance thereof shall be
confiscated and sent to the nearest competent Government institution
for destruction.
Article 7.—The quantity of samshoo
produced by the samshoo distilleries at present established within
the limits of the 50 versts zone of the Province of Kirin and
Heilungchiang adjoining the Russian frontier must be limited to the
quantity of samshoo now distilled by them and exclusively required
for the needs of the Chinese population.
Note.—A list of such distilleries together
with particulars as to the productive capacity of each of them will
be supplementarily communicated by the Chinese Government within a
period of six months from the date on which this agreement goes into
force.
Article 8.—The opening within the
aforesaid zone of new samshoo distilleries in excess of those
enumerated in the above-mentioned list shall not be permitted.
Article 9.—In like manner, the opening
within the 50 versts zone of new samshoo shops and depots shall not
be allowed and the quantity of samshoo imported into the zone
together with the volume of business transacted by samshoo depots
and shops may only be increased in proportion to the growth of the
population of the zone and shall not exceed the limits of the normal
individual demand, namely, 12 cattles per head yearly.
Article 10.—The exportation of samshoo out
of the above-mentioned 50 versts zone into Russia and the sale of it
to Russian subjects within the said zone are prohibited.
Article 11.—The supervision over the
strict observance of Articles 7, 8, 9, and 10 of this agreement
shall be the responsibility of the Chinese Government institutions
exercising control over samshoo distilleries, depots, and shops. It
will be the duty of these institutions to render an exact account of
the quantity of samshoo imported and of the total production in the
district subject to the stipulations of this agreement and also, to
establish external marks distinguishing samshoo offered for sale
from all other preparations of alcohol.
Article 12.—The Chinese Government
undertakes to introduce within a zone extending 10 versts (20
Chinese li) each side of the Chinese Eastern Railway line measures
against alcoholism fully corresponding to all such measures as shall
be adopted within the limits of the area of the said railway
according as these measures are introduced. Due and timely notice of
the introduction of such measures shall be given to the Chinese
Government.
As regards samshoo, as soon as the preparation and sale of alcohol
and alcoholic liquors shall be entirely prohibited and suppressed
within the area of the Chinese Eastern Railway, the sale of that
liquor to Russian subjects in the above-mentioned zone and its
exportation out of that zone into Russia shall in like manner be
prohibited. Further, the establishment of samshoo distilleries and
shops in places where such did not previously exist shall not be
allowed to exceed the amount at present produced and sold.
Article 13.—The Russian and Chinese
Governments shall enter into negotiations with the Foreign Powers
with the object of securing, the application of the present
agreement to foreign subjects in the places open to foreign trade
situated in the regions in which this agreement is operative.
Article 14.—The Chinese authorities will
see to it that no person infringes the stipulations of this
agreement.
On the request of the Russian authorities, the competent Chinese
institutions will place at their disposal the necessary detailed
information respecting the struggle with alcoholism.
[Page 291]
If Russian officials deem it necessary to visit any of the regions
mentioned in this agreement in order to procure information, they
shall give due notice thereof to the Chinese authorities who will
render them every assistance.
Harbin, 8/21 May 1916.
(Signed)
W. Trautschold
His Imperial Russian Majesty’s Consul General
in Harbin
,
(Signed and sealed)
Li Hung Mou,
Taoying of the Pinchiang Circuit and
Commissioner for Foreign Affairs
Communication addressed by the Russian
Minister in Peking to the Chinese Acting Minister for
Foreign Affairs dated June 27th/July 10th, 1916, No.
109.
I have the honour to inform Your Excellency that:
- (1)
- The Imperial Government has approved the Russo-Chinese
Agreement signed at Harbin on May 8th/21st of this year
by Collegiate Councillor Trautschold, His Imperial
Majesty’s Consul General in that town, and by the Taoyin
of the Pinchiang Circuit and Commissioner for Foreign
Affairs, Li Hung Mou.
- (2)
- The text of Article 5 of the agreement shall read as
follows:
- “The conveyance as cargo by ships along the river
Sungari from Harbin to the point where it discharges
into the Amur of alcohol in whatever quantity is
prohibited. This prohibition does not apply to samshoo
and other wines.”
- (3)
- The said agreement shall go into force two months from
this date—i. e. August 27th/September 9th, 1916.
[Translation of communication addressed by the
Chinese Minister for Foreign Affairs to the Russian Minister in
Peking dated June 27th/July 10th, 1916, No. 91]
I have the honour to inform your excellency that:
- (1)
- The Chinese Government has approved the Sino-Russian
Agreement signed at Harbin on May 8th/21st of this year
by the Taoyin of the Pinchiang Circuit and Commissioner
for Foreign Affairs Li Hung Mou and the Russian Consul
General in that town Collegiate Counçillor
Trautschold.
- (2)
- The text of Article 5 of the agreement shall read as
follows:
- “The conveyance as cargo by ships along the river
Sungari from Harbin to the point where it discharges
into the Amur of all alcohol in whatever quantity is
prohibited. This prohibition does not apply to samshoo
and other wines.”
- (3)
- The said agreement shall go into force two months from
this date—i. e. August 27th/September 9th, 1916.