from the German minister for foreign affairs to the Japanese minister at Berlin, dated April 4, 1896, and the pertinent clauses of the Japanese minister's reply of the same date the question at issue upon which the parties to this arbitration request the arbitral tribunal to pronounce a final decision is as follows: Whether or not the provisions of the treaties and other engagements above quoted exempt only land held under leases in perpetuity granted by or on behalf of the Japanese Government, or land and buildings of whatever description constructed, or which may hereafter be constructed, on such land, from any imposts, taxes, charges, contributions, or conditions whatsoever other than those expressly stipulated in the leases in question. I am informed that the protocol will be formally signed as soon as it can be agreed between the ministers of the three protesting powers in what language it shall be. As the Japanese Government require that each of the three ministers shall join in signing one and the same instrument, and as the French minister declares that he can only sign the protocol written in the French language, there seems to be some difficulty and delay in the matter, expected to be overcome in a few days at most. I have, etc., A. E. BUCK. Mr. Buck to Mr. Hay. No. 672.] UNITED STATES LEGATION, Tokyo, August 18, 1902. SIR: Referring to the telegraphic instruction of date of January 18 last directing me to officially suggest to the Japanese Government the arbitration of the "house-tax" question, in the event the representatives of other powers did so, and to try to have the suspension of enforced collection of the tax continued pending arbitration, efforts to accomplish which, on the Government proposing to submit the question to arbitration as they did on March 14 last, having been unsuccessful then, I now have the honor to report that I have the assurance of the minister for foreign affairs that as soon as the articles of arbitration agreed upon are signed by all the parties, the terms of which were stated in my dispatch No. 671 of the 15th instant, the further collection of the house tax will be suspended pending the decision of the arbitral court. I have, etc., A. E. BUCK. Mr. Adee to Mr. Buck. No. 424.] DEPARTMENT OF STATE, Washington, September 23, 1902. SIR: I have to acknowledge the receipt of your No. 672, of the 18th ultimo, in regard to the arbitration of the house-tax question. The assurance you report as having received from the minister of foreign affairs that the further collection of this tax will be suspended pending the decision of the arbitral court is an apparently satisfactory result of your suggestions in pursuance of telegraphic instructions of January 18 last, to which you refer. I am, etc., ALVEY A. ADEE. No. 685.] Mr. Wilson to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: With reference to Mr. Buck's dispatch No. 671, of August 15, I have the honor to inclose an official text of the protocol signed August 28, whereby it is agreed between the Governments of Great Britain, France, Germany, and Japan that the house-tax question shall be submitted to arbitration in accordance with the provisions of The Hague convention, of which they are cosignatories, Great Britain, France, and Germany forming one and Japan the other party to the controversy. It will be seen that each party is to select one arbitrator, and that the two so chosen are to designate an umpire. But if they fail to do this within two months after their appointment, His Majesty the King of Sweden and Norway will be requested to name the umpire. All three arbitrators are to be members of the permanent court of arbitration at The Hague. Prefixed to the protocol is the note of the Japanese minister for foreign affairs, by which his Government promise that pending the termination of the arbitral proceedings they will suspend the forcible collection of the house tax. The assurance mentioned in dispatch No. 672, of the 18th ultimo, has thus been formally confirmed. American holders of settlement properties under perpetual leases seem to be in a satisfactory position with regard to the house tax, since they await the results of the arbitration with rights, present and future, the same as those of British, French, and German leaseholders, and are meanwhile safeguarded from distraint for nonpayment of the tax. I have the honor to inclose also a copy of Baron Komura's letter of this date in answer to a note conveying the substance of the instruction of July 18. At the same time he transmits the protocol and expresses appreciation of the American Government's attitude throughout the controversy. I have, etc., HUNTINGTON WILSON. [Inclosure.-Translation.] The Japanese minister for foreign affairs to Mr. Wilson. DEPARTMENT OF FOREIGN AFFAIRS, SIR: The note which his excellency the minister of the United States did me the honor to address to me, under date of the 15th ultimo, relating to the proposed reference to arbitration of the question of the house tax was duly received. The basis of the proposed arbitration had, some time before the receipt of Mr. Buck's note, been definitively agreed upon by the powers actively interested in the question, and the protocol, embodying the previously accepted issue, was signed by the representatives of Japan, Germany, France, and Great Britain on the 28th ultimo. I have the honor to inclose herewith a copy of the protocol, and to assure you that the submission is as comprehensive as the controversy which it is intended to compose. With expressions of appreciation for the attitude of impartial friendship which the Government of the United States has maintained throughout the discussion of the house-tax question, I beg to renew to you the assurances of my high consideration. BARON KOMURA JUTARO, Minister for Foreign Affairs. [Subinclosure.—Translation.] DEPARTMENT OF FOREIGN AFFAIRS, In view of the conclusion this day of a protocol by which the Governments of Japan, Germany, France, and Great Britain have agreed to refer to impartial arbitration the question whether or not the provisions of the treaties and other engagements mentioned in the said protocol exempt only land held under leases in perpetuity granted by or on behalf of the Japanese Government, or land and buildings of whatever description, constructed or which may hereafter be constructed on such land, from any imposts, taxes, charges, contributions, or conditions whatsoever other than those expressly stipulated in the leases in question, the Imperial Government have deemed it proper that the forcible collection of the taxes and rates in respect of such buildings should be suspended during the arbitral proceedings. The undersigned, His Imperial Japanese Majesty's minister of state for foreign affairs, has therefore the honor to acquaint His Excellency Sir Claude Maxwell Macdonald, His Britannic Majesty's envoy extraordinary and minister plenipotentiary, that the Imperial Government will suspend the forcible collection of the taxes and rates above-mentioned until the arbitral decision is pronounced or the arbitral proceedings are otherwise terminated; it being understood that such suspension shall not prevent the Japanese authorities from collecting the taxes and rates in question so far as they can do so without recourse to distraint; and it being further understood that neither such suspension, nor the consequences thereof, nor the voluntary payment of the said taxes and rates, is to be invoked against or to operate in any way to the disadvantage or prejudice of any of the above-mentioned powers in connection with said arbitration. The undersigned avails himself of this occasion to renew to His Excellency Sir Claude Maxwell Macdonald the assurance of his highest consideration. (Signed) His Excellency Sir CLAUDE MAXWELL MACDONALD, BARON KOMURA JUTARO. His Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary. N. B. Similar notes have been addressed to the German minister and to the French chargé d'affaires. Protocol. Whereas a dispute has arisen between the Government of Japan on the one side and the Governments of Great Britain, France, and Germany, on the other, respecting the true intent and meaning of the following provisions of the treaties and other engagements respectively existing between them, that is to say: Paragraph 4, Article XVIII, of the treaty of commerce and navigation of April 4, 1896, between Japan and Germany: "Sobald diese Einverleibung erfolgt"—that is to say, when the several foreign settlements in Japan shall have been incorporated with the respective Japanese communes "sollen die bestehenden, zeitlich unbegrenzten Ueberlassungsverträge, unter welchen jetzt in den gedachten Niederlassungen Grundstücke besessen werden, bestätigt und hinsichtlich dieser Grundstücke sollen keine Bedingungen irgend einer anderen Art auferlegt werden, als sie in den bestehenden Ueberlassungsverträgen enthalten sind;" and section 3 of the comple mentary communication of the same date from the German secretary for foreign affairs to the Japanese minister at Berlin: "3. dass, da das Eigenthum an den im Artikel XVIII des Vertrages erwähnten Niederlassungsgrundstücken dem Japanischen Staate verbleibt, die Besitzer oder deren Rechtsnachfolger für ihre Grundssücke ausser dem kontraktmässigen Grundzins Abgaben oder Steuern irgend welcher Art nicht zu entrichten haben werden;" and the clause in the reply of the Japanese minister of the same date to the foregoing communication: "Dass die darin unter Nummer 1 bis 4 zum Ausdruck gebrachten Voraussetzungen, welche den Erwerb dinglicher Rechte an Grundstücken, die Errichtung von Waarenhäusern, die Steuerfreiheit der Grundstücke in den Fremdenniederlassungen und die Erhaltung wohlerworbener Rechte nach Ablauf des Vertrages zum Gegenstande haben, in allen Punkten zutreffend sind;" Paragraph 4, Article XXI, of the revised treaty of August 4, 1896, between Japan and France: "Lorsque les changements ci-dessus indiqués auront été effectués❞— that is to say, when the several foreign settlements in Japan shall have been incorporated with the respective Japanese communes and made a part of the municipal system of Japan, and when the competent Japanese authorities shall have assumed all municipal obligations and duties, and the municipal funds and property belonging to such settlements shall have been transferred to said Japanese authorities-"les baux a perpétuité en vertu desquels les étrangers possédent actuellement des propriétés dans les quartiers seront confirmés, et les propriétés de cette nature ne donneront lieu à aucuns impôts, taxes, charges, contributions ou conditions quelconques autre que ceux expressément stipulés dans les baux en question;" and Paragraph 4, Article XVIII, of the revised treaty of July 16, 1894, between Japan and Great Britain: "When such incorporation takes place"-that is to say, when the several foreign settlements in Japan shall have been incorporated with the respective Japanese communes "existing leases in perpetuity under which property is now held in the said settlements shall be confirmed, and no conditions whatsoever other than those contained in such existing leases shall be imposed in respect of such property;" and Whereas the controversy is not amenable to ordinary diplomatic methods; and Whereas the powers at variance, cosignatories of the Convention of The Hague for the peaceful adjustment of international differences, have resolved to terminate the controversy by referring the question at issue to impartial arbitration in accordance with the provisions of said convention: The said powers have, with a view to carry out that resolution, authorized the following representatives-that is to say: The Government of Great Britain: Sir Claude Maxwell Macdonald, G. C. M. G., K. C. B., His Britannic Majesty's envoy extraordinary and minister plenipotentiary; The Government of France: M. G. Dubail, minister plenipotentiary, chargé d'affaires of France; The Government of Germany: Count von Arco Valley, envoy extraordinary and minister plenipotentiary of His Majesty the German Emperor, King of Prussia; The Government of Japan: Baron Komura Jutaro, His Imperial Japanese Majesty's minister of state for foreign affairs; To conclude the following protocol: I. The powers in difference agree that the arbitral tribunal to which the question at issue is to be submitted for final decision shall be composed of three members, who are members of the Permanent Court of Arbitration of The Hague, to be selected in the following manner: Each party, as soon as possible and not later than two months after the date of this protocol, to name one arbitrator, and the two arbitrators so named together to choose an umpire. In case the two arbitrators fail for the period of two months after their appointment to choose an umpire, His Majesty the King of Sweden and Norway shall be requested to name an umpire. II. The question at issue upon which the parties to this arbitration request the arbitral tribunal to pronounce a final decision is as follows: Whether or not the provisions of the treaties and other engagements above quoted exempt only land held under leases in perpetuity granted by or on behalf of the Japanese Government, or land and buildings of whatever description, constructed or which may hereafter be constructed on such land, from any imposts, taxes, charges, contributions, or conditions whatsoever other than those expressly stipulated in the leases in question. III. Within eight months after the date of this protocol each party shall deliver to the several members of the arbitral tribunal and to the other party, complete written or printed copies of the case, evidence, and arguments upon which it relies in the present arbitration. And not later than six months thereafter a similar delivery shall be made of written or printed copies of the counter cases, additional evidence, and final arguments of the two parties; it being understood that such counter cases, additional evidence, and final arguments shall be limited to answering the principal cases, evidence, and arguments previously delivered. IV. Each party shall have the right to submit to the arbitral tribunal as evidence in the case all such documents, records, official correspondences, and other official or public statements or acts bearing on the subject of this arbitration as it may consider necessary. But if in its case, counter case, or arguments submitted to the tribunal either party shall have specified or alluded to any document or paper in its own exclusive possession without annexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof within thirty days after such application is made. V. Either party may, if it thinks fit, but subject to the right of reply on the part of the other party within such time as may be fixed by the arbitral tribunal, present to the tribunal, for such action as the tribunal may deem proper, a statement of objections to the counter case, additional evidence, and final arguments of the other party, if it is of opinion that those documents or any of them are irrelevant, erroneous, or not strictly limited to answering its principal case, evidence, and arguments. VI. No papers or communications other than those contemplated by Sections III and V of this protocol, either written or oral, shall be admitted or considered in the present arbitration unless the arbitral tribunal shall request from either party additional or supplementary explanation or information, to be given in writing. If the explanation or information is given, the other party shall have the right to present a written reply within such time as may be fixed by the arbitral tribunal. VII. The tribunal shall meet at a place to be designated later by the parties, as soon as practicable, but not earlier than two months nor later than three months after the delivery of the counter cases as provided in Section III of this protocol, and shall proceed impartially and carefully to examine and decide the question at issue. The decision of the tribunal shall, if possible, be pronounced within one month after the president thereof shall have declared the arbitral hearing closed. VIII. For the purposes of this arbitration the Government of Japan shall be regarded as one party, and the Governments of Great Britain, France, and Germany, jointly, shall be regarded as the other party. IX. So far as is not otherwise provided in this protocol, the provisions of the Convention of The Hague for the peaceful adjustment of international differences shall apply to this arbitration. Done at Tokyo this 28th day of August, 1902, corresponding to the 28th day of the eighth month of the thirty-fifth year of Meiji. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CONSULAR OFFICIALS. Mr. Buck to Mr. Hay. No. 647.] UNITED STATES LEGATION, SIR: I have the honor to inclose herewith copy of the note from the minister for foreign affairs, whereby United States consuls in Japan are permitted to use their good offices in representation of the interests of Cubans in Japan. On receipt of this note, acting on the Department's telegraphic instruction of the 24th ultimo, I have instructed the United States consuls to act accordingly. I have, etc., A. E. BUCK. [Inclosure.-Translation.] Baron Komura Jutaro to Mr. Buck. DEPARTMENT OF FOREIGN AFFAIRS, MONSIEUR LE MINISTRE: I have the honor to acknowledge the receipt of your excellency's note No. 352, dated the 26th instant, asking, under instructions from the United States Government, given at the request of the President of Cuba, that the Imperial Government should permit United States consuls in Japan to use their good offices in representation of the interests of Cuba and its citizens until Cuban consuls shall have been appointed. I beg to state, in reply, that, although the Imperial Government are not yet in receipt of any official communication as regards the establishment of the State of Cuba, yet they have no objection as to the United States consuls using their good offices in representation of the interests of Cubans in Japan. I avail, etc., BARON KOMURA Jutaro, a Printed, page 6. |