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determinations of the location of line shall be left to the Company's engineer*. A sketch plan of the line's location, done in a scale of 1: 25000 shall be submitted to the Governor of Shantung for information and only thereafter land may be purchas*^. The construction of the railway cannot be begun before the land has actually been purchased.
The purchase of land shall be done peacefully and quickly as hitherto, so that the construction of the railway be not delayed by purchasing land or by difficulties ari»ingfrom disputes with individual owners. To avoid all such difficulties the abovementioned Chinese official shall act as mediator when land is purchased and shall settle all disputes eventually arising. The land shall be purchased in an honest n\ according to the locally customary ruling price.
The Company shall not be allowed to buy more land than necessary for the railwayenterprise, and future extension thereof.
Meanwhile the following minima may be purchased:
For stopping points a plot of land 630 m long and 70 m wide.
For country stations a plot of land 730 m long and 100 m wide.
For small town stations a plot of land 850 m long and 130 m wide.
For stations of larger towns the plots of land have to be larger, cor ret-ponding u> actual importance of the place in question. The land necessary for the supply ol earth to construct embankments is not included in the foregoing areas, lmu equal to 2 feet 9.6 inches, 1 foot is equal to 0.338 m.
Art. 4. Wherever water courses are met, sufficient flow has to be provided for b> building bridges and culverts so that agriculture may suffer no damage.
Art. 5. The road is to be located in such a way as not to damage or cut through city walls, fortifications, public edifices and important places.
Art. 6. Houses, farmsteads and villages, temples, graves and above all high eta* graveyards belonging to the gentry which are fenced in and planted with trees shall be avoided by the railway as far as possible. So far as this is impossible the loral authorities shall give notice to the owners two months beforehand and settle with them a compensation of an amount enabling to erect graveyards, etc. of the same condition at another place without sustaining any loss of money.
Art. 7. In surveying the land to be purchased the "kung""shall be used as unit. One kung is equal to 5 official feet, one foot is equal to 0.338 m. One Mu is counted to be 360 kung or equal to 9000 square feet.
As to the land tax to be paid by the Shantung Railwav Company the same neguU tions shall be applied as in force for the most-favoured Railway Company in any other place of China.
Art. 8. Injuries done to crops during preparatory or construction work are to r« made good by the Company according to prices to be settled with the local authorities
Art. 9. The salaries of the assistants placed by the local authorities at the dispos tion of the Railway at its wish shall be paid by the latter. These salaries shall not be included in the price of land purchased.
The money for the land is to be paid into the hands of the District-Magistrate, who is re?ponsible for the proper payment to the different owners entitled to receive the money.
The District-Magistrate also has to hand over the title deeds to the Railway Company
Art. 10. The Railway Administration intending to rent houses for office* mac residences near the work places shall apply to the District-Magistrate who will ttmkt the necessary arrangements with the owners and will on its behalf conclude the contracts.
Art. 11. The purchase of material necessary for the construction of the railwv. shall be transacted in a fair manner and the usual market-price shall be paid for aanv If necessary the intervention of the District-Magistrate shall be applied for.
Art. 12. The exchange of different kinds of money shall always be done at the rat* ruling on th day.
Art. 13. The Railway Company is not permitted to construct without special per mission of the Governor of Shantung other railroads than those mentioned in th— Kiaochow Convention, including the branch line to Poshanhsien.
Branch lines connecting coal and other mines and places where building or hsULu: ing materials are to be taken, connecting with the main line, may be built without special authorization. It is however understood that previous notice of the construction of such lines has to be given to the Governor of Shantung.
Art. 14. Foreigners, travelling or doing business in -the interior of the Proviso' of Shantung, in order to enjoy better protection, must be provided with paasporv duly sealed by the proper Chinese and German authorities. Chinese local authoriti'cannot assume responsibility if such a passport is not produced.
Art. 15. German and Chinese employees of the Railway Company are to be provided with certificates attested by the seals of the Railway Administration and of the local Authorities, in order, when necessary, to prove their official capacity.
The engineers, when surveying, shall be accompanied by an official, delegated by the District-Magistrate. This official shall, if necessary by police-force, render assistance in protecting the property of the Railway Company and the survey poles.
Persons fraudulently pretending to be employees of the Railway Company shall be arrested and punished by the Local Authorities.
Art. 16. If troops are needed, outside of the 100 li (50 kilometer) zone, they shall be despatched by the Governor of the Province of Shantung. No foreign troops may be employed for this purpose.
The Governor of the Province of Shantung binds himself to take effective measures during the period of surveying as well as when the railway is under construction or opened for traffic to prevent any damage being done to it by the mob or by rebels.
Art. 17. This railwav, having for sole purpose the development of commerce, shall not, outside of the 100 li zone, be permitted to transport foreign troops and war materials employed by them. In case there should be war between China and a foreign power and the railway should at the time still be managed by the said Company, then the Company must continue to observe the provision afore-mentioned. In case certain sections are occupied by the enemy and the Company should lose its power of management, then the provincial authorities will not be responsible for the protection (of the railway).
Art. IS. Freightage for foodstuffs and clothing to be distributed amongst the ilistressed during famines and floods, shall be reduced according to the rules adopted by the railways of Germany and when troops are despatched to suppress rebellions the same is to be applied to the fares for soldiers and to the freightage for their war materials.
Art. 19. At railway stations, where custom-houses are established, the Railway Administration shall make such arrangements as to assist the Imperial Chinese Customs in collecting the legal dues.
The expenses for the necessary buildings, to be erected upon applanation of the Customs Administration are to be refunded by the latter to the Railway Administration according to agreements always to be made beforehand.
Art. 20. The natives of towns and villages near the railway shall be as far as possible engaged as workmen and as contractors for the supply of materials.
Art. 21. Chinese subjects employed outside the leased territory bv the Railway Company in case of contravention of Chinese law are subject to the jurisdiction of the competent District-Magistrate.
The competent District-Magistrate having officially notified the necessity of legal steps against such employees, the Railway Company shall not do anything by which he may evade justice.
Complaints against foreigners are to be dealt, with according to the proper laws. Id such cases, the Railway Company on its part shall make an investigation and take disciplinary proceedings against the offender.
Art. 22. The natives of districts, where the railway passes through, shall as far as possible be employed at the work and shall be paid for as customary there.
If fights should occur between railway-men and natives the local official will have the right to arrest and punish the guilty.
The workmen of the railway are absolutely prohibited unwarrantably to enter houses of natives. In case of contravention they will be severely punished.
Art. 23. The construction of the railway being completed, foremen and workmen necessary for maintenance and safekeeping of the line are as far as practicable to be engaged from amongst the inhabitants of villages and towns near the line in conformity with suggestions made by the elders of these places. These elders will be responsible for the good behaviour of these engaged and will furnish them with certificates issued by the District-Magistrate.
Art. 24. The railway being open to public traffic, its administration assumes the responsibility for any loss of life or goods caused by accidents and is liable to pay compensation to wounded or killed persons according to the local custom, and to cover any loss of goods according to detailed regulations to be drawn up and published by the Company.
Likewise the Railway will be held responsible for damage to persons and property by construction trains through its neglect.
Art. 25. The safety on the line being endangered by floods, slips of embankments or breakages of bridges, etc., public traffic shallnot be reopened before all these difficulties have been removed.
Art. 26. Should the Railway Company apply for soldiers to protect the preparatory work, the construction or the traffic of the railway, the Governor of the Province of Shantung shall at once consider the circumstances and comply with such application The amount to be contributed by the Company for the troops dispatched snail beuV subject of a further understanding.
Art. 27. In the German leased territory the rights of sovereignty are safeguarded by the Governor of Tsingtao. In the districts of the remaining part of the Proving of Shantung through which the railway is running, the rights of sovereignty are safeguarded by the Governor of the Province of Shantung.
Art. 28. It shall be the subject of further agreements when and under what rohditions the Chinese Government may in future take over the railway.
The foregoing regulations after being approved shall be notified to the Authoritiej of the Shantung Province and to the officials of the railway. Thereupon they shall be duly observed.
Should it in future be deemed necessary to have alterations made of some of the above regulations or to have drawn up supplementary rules, this can only be doni» \n mutual agreement between the then Governor of the Province of Shantung and th>Shantung Railway Company.
This agreement is executed in two exemplars each of which contains a < 'hinese tf well as a German version of like tenour. Each of the contracting parties! has received one exemplar.
The Governor Of The Province Of Shantung.
Chinanfu, the .'1st of March tvti.
Seal and signature of Governor Yuan Shih Kai,
H. J. Jtf's Special DeUgate, Lieutenant General.
Signed: Yin Chang.
Signed: H. Hildebrand,
Die Betriebsdirection der Schantung- Eisenbahn-GesclUchaft
No. 3. Convention Between China And Germany Respecting The \vithhrawh Of German Troops From Kiaochow And Kaomi, November 28th. 1M0.Y
Th- Emperor of China has appointed Yang Shih-hsiang, Civil and Military timeraor of Shantung, and the German Emperor, Van Semmern, Civil and \filitan Governor of Kiaochow, who after communicating full powers and finding them in due form have agreed upon the following articles:
Whereas the German Emperor has, for the purpose of promoting friendly relation*, agreed to withdraw the troops stationed at Kiaochow and Kaomi, the following articles are hereby concluded.
Art. 1. The German troops at Kiaochow shall withdraw immediately after iht.Convention has been signed.
Art. 2. One-fourth of the German troops stationed at Kaomi shall withdraw imm^ diately after th-.- signing of this Convention, and another fourth, within two monththerefrom. The remaining troops shall withdraw within the next two month* durint which period barracks and stables shall be so speedily built in Tsingtao that th* said troops may withdraw altogether within this said time limit. But in case the said works can not be finished wTithin the two months, a complete withdrawal diall nevertheless be effected—there shall be no further extension of time.
Art. 3. From the date of the signing of this Convention, no matter whether tinGerman troops at Kiaochow and Kaomi have completely withdrawn or not. the railways within the surrounding zone shall completely be under the supervision and protection of the Chinese local authorities and police officers. The pilice officer shall despatch so many policemen as they deem fit but not more than two hundr><d and forty, to be evenly stationed at various sections; all matters relating thereto *htfl be conducted according to the police regulations prevailing beyond the surroundiss zone. At some place near the citv of Kaomi there shall be established a police offii* with a police force of not more than one hundred men who shall, by turn. atte>i to their duty in the protection of the railway and in the suppression of distiui>ar»-<? which may "arise. But if China should station troops in the said place, all ma«e»« relating thereto shall be governed by the Kiaochow Lease Convention.
Art. 4. All the works which Germany has constructed in Kiaochow and Ka»H' such as barracks, stables, drill grounds, roads, waterworks, and the like, toe*th« with the foundations thereof, houses and the fixtures attached thereto cost, ralclated at their original prices, $496,388.48. From this amount are to be BUhtraeti^ $">,000.00 as rent paid for the German Government by the Chinese Government S21.3SS. IS expended for annual repairs and considered as representing the annual diminution of the value of the properties, and $70,000.00 as extra reduction; the net price will then be $400,000.00 at which the said properties will be purchased by and reverted to China under a separate agreement. The price of the buildings shall be paid o!T in four installments within two years from the day when the barracks at Kiaochnw and Kaomi are handed over. After their purchase »r reversion, all the buildings shall be reserved for educational and other public uses.
Art. 5. In case Germany should, in accordance with the Treaties, require passage tor her troops through Kiaochow and Kaomi, and stay there for a few days, a few weeks' notice will be necessary, in order that a vacant place may be assigned for their temp-trary stay, free of charge.
Of this Convention there shall be made four copies in Chinese and four in German, identical in sense; and after they have been signed, two copies each of the Chinese and German texts shall be filed at the office of the Governor of Shantung, and the other two copies each of the said two languages, at the office of the Civil and Military Governor of Kiaochow, for reference, transmission and observance.
The second Day, eleventh Moon of the Reign of Kwanghsu, corresponding to the 2$lh of November. 1905.
Signed Yang Shth-hsiang.
Xo. -1. Agreement Between The Provincial Authorities Ok Shantung And The Chino-german Mining Company For Delimiting Mining Areas In The Province or Shantung, July 24, 1911.
For the purpose of defining the mining rights of the Chino-German Company along the railways in Shantung Province and concluding a working arrangement the Provincial Authorities of Shantung and the Mining Company have mutually agreed upon the following Articles:
Art. I. 1. The Shantung Mining Company reserves for its exclusive exploitation the Fangtze and Tzechwan mining areas and the mining district from Chinlingchen along the Kiaochow-Chinan Railway in a northerly direction for a distance of 30 li to Changtien.
2. The Company is to prepare maps showing the boundaries of the mining areas it designates for exclusive development. These maps are to form an important part of this Agreement. All mining properties within the. specified areas are to be exc lusively exploited bv the Company and no Chinese undertakings are permitted therein.
3. With the exception of the delimited areas set aside herein lor exclusive development by the Mining Company all mining rights hitherto granted by China to the Company within 30 li (15 kilometers) on both sides of Kiaochow-Chinan Railroad now in operation, the Tientsin-Pukow Railroad now under construction, and the Kiaochow Ichow railroad recently surveyed are hereby canceled.
I Tzechwan Hsien and Poshan Hsien heiiu; within the 30-li zone of mining rights, ttic- Company originally intended to exploit it by itself. Now as an act of special friendship, the Company hereby relinquishes its claim to Poshan mines. The Tzechwan mining area beginning on the south at Ta Kwei Shan passing Lungkow ''hen in a north-westerly direction and reaching the eastern boundary of Tzechwan, is hereby likewise relinquished to the Chinese for their free exploitation. The remaining areas in this region shall, in accordance with Article I, belong to the mining areas of the Company.
5. The 30-li zone of the Fangtze mining area in Weihsien touches the boundaries of Changlo and Ankiu Hsiens and includes parts thereof. The Company surrenders voluntarily, as a further evidence of goodwill, its claim to the north western district of Ankiu Hsien. It retains, however, its title to Chinshanwa mining area in Changlo Hsien to the extent of 10-li from Fangtze mine in a straight line.
6. For the purpose of delimiting mining areas the Provincial Authorities of Shantung and the Mining Company have jointly drawn up following maps:
1. Tzechwan mining area and the mining area from Chinlingchen to Changtien.
2. The southern section of the Tzechwan mining area.
3. Mining areas in Weihsien and Changlo Hsien.
4. General map showing all mining areas delimited by this Agreement.
Art. 2. 1. Within the mining areas relinquished by "the Mining Company in the three Hsiens of Changkiu, Tzechwan and Poshan along the Kiaochow-Cliinan Railway Chinese are not permitted to undertake the development of the biggest mine therein before the year 1920, but they shall be at liberty to do so after that year.
2. In the mining areas reserved by the Company all Chinese mining shafts that are now in a working condition shall be stopped within one month from the date of a formal exchange of the texts of this Agreement duly approved by the Chinese and German Governments.
3. The Chinese Government is still to accord protection to the works of the Companv in accordance with the provisions of the Mining Agreement concluded in the 2tJlL year of Kwang Hsu, corresponding to the year 1900 A. D.
4. Should the Chinese Government and merchants be short of capital for the exploitation of the mines in the districts relinquished to China by this Agreement, they shall approach German capitalists for loans. If foreign materials and machinery are needed they shall purchase them from Germany. If foreign engineers are to be employed they engage German engineers.
Art. 3. To meet the expenditures hitherto incurred by the Company for prospectim mines, fixing boundaries and purchasing lands, the Chinese Government agrees to p»y to the Company $210,000 Mex., the said sum being payable within one year from the date of this Agreement in two installments. After the Signing of this Agreement the Company shall immediately turn over to the Chinese Government all maps and papers relating to the prospecting of these mines and all lands purchased by the Company.
Art. 4. Chinlingchen iron mine is to be exploited according to the Mining RepiUtions of the 26th year of Kwanghsu (1900). If China desires to establish iron smeltinr works near the mine a joint stock company may be formed, with a capital of momething like 500,000 taels. Regulations therefor are to be drawn up separately at the proper time.
This Agreement is executed in quadruplicate copies in the Chinese and German languages, found identical in sense, together with four sets of maps of the mines, to be held by the contracting parties.
Third year of Hsun Tung, 0th month, 29th day, corresponding to the 24tli d»v of July 1911.
Delimitation Commissioners of the Imperial Chinese Government, namely.
Yu, Expectant Taotai of Shantung. Managing Director of the China-
Senator Brandegee. Being included in the record, this document will be available to Senators when the debate comes on.
Senator Mccumber. Let us see what that covers, because there seem to have been so many treaties between China and Germany here. This refers to the treaty of what date?
Mr. Ferguson. March 6, 1898, sir.
Senator Brandegee. That is the treaty by which Germany first got Kiaochow.
Mr. Ferguson. By which Germany first got Kiaochow.
Senator Mccumber. That does not then include the agreement between China and Germany respecting the Kiaochow-China Railway regulations of March 21, 1900?
Mr. Ferguson. No, sir. I have that also and can give that to the committee if it so desires.
(The agreement last referred to will be found heretofore printed in this day's hearing.)
I want to call the attention of the committee to one other matter in that agreement.
Senator Mccumber. I only wanted to show just the limits of the treaty.
Mr. Ferguson. That is the limit of the treaty. That was later. March 21, 1900. Then there was the further convention of November 28, 1905, respecting the withdrawal of German troops frwn Kiaochow and Kaomi.
Then there was another agreement of July 24, 1911, between uw provincial authorities of Shantung, and the Chino-German minin? agreement
Senator Knox. Do these treaties appear in Rockhill's Chinese treaties?