File No. 893.114/152

Minister Reinsch to the Secretary of State

No. 1396

Sir: I have the honor to enclose herewith a translation of an identic note (No. 562) of the 7th instant,4 in which the Ministry for [Page 289] Foreign Affairs communicated a set of regulations for the suppression of the liquor traffic in certain districts of Northern Manchuria, drawn up between the Chinese and Russian local authorities on May 21 last, inviting attention to the 13th Article and asking that in pursuance thereof the American Government make applicable to its citizens the prohibitions established by these regulations. With the note from the Foreign Office I enclose a translation of the Chinese text of the regulations as therein communicated;4 and I also enclose a copy of an unofficial English translation from the Russian text, furnished by the Russian Legation here.

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.

I have [etc.]

Paul S. Reinsch
[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.

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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.

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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.

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