Article X of the additional agreement between China and Japan of December 22, 1905, provided for a joint stock company of forestry, of Chinese and Japanese capitalists, for the exploitation of the forests in the region on the right bank of the river Yalu. This company has been duly organized by Japan, and the Chinese Government asked to participate. At Antung, although the maritime customs has organized a staff for the service of that port, it seems more than likely that nothing will be done by China to open it until after the complete evacuation of Manchuria by Japan in April of next year. W. W. ROCKHILL. I have, etc., No. 423.] Minister Rockhill to the Secretary of State. [Extract.] AMERICAN LEGATION, SIR: I have the honor to transmit herewith copy of a note received to-day from the foreign office, informing me that the Japanese troops having now evacuated Hsin-min Fu (or tun) said locality is opened to international trade. I have, etc., [Inclosure-Translation.] W. W. ROCKHILL. The Prince of Ch'ing to Mr. Rockhill. PEKING, October 8, 1906. YOUR EXCELLENCY: The first article of the supplementary convention between China and Japan with reference to affairs in Manchuria provides that, upon the withdrawal of the troops from the province of Feng-t'ien (Shengking), China will herself open to international trade the places, Feng-huang-ch'eng, Liao-yang, Hsin-min-t'un, Tieh-ling, T'ung-chiang-tzu, and Fa-k'u-men. On September 10 of the present year I had the honor to inform your excellency that the three places T'ieh-ling, T'ung-chiang-tzu, and Fa-k'u-men had already been opened to international trade, as the records will show. I now have the honor to inform your excellency that the Japanese troops have been withdrawn from Hsin-min Fu, and it becomes necessary in accordance with the convention to open that place to international trade. As in duty bound, therefore, I send this dispatch for your excellency's information. A necessary dispatch. (Seal of the Wai-wu Pu.) No. 427.] Minister Rockhill to the Secretary of State. [Extracts.] AMERICAN LEGATION, Peking, October 11, 1906. SIR: Conditions have been constantly changing in southern Manchuria for the last year, through the gradual withdrawal of the Japanese forces and the resumption of control by the Chinese authorities. Trade has been necessarily dislocated, its volume has perhaps been less than in 1905. 59605-FR 1906-15 That the competition of the Japanese for a large share in the markets of southern Manchuria will be sharp, I have not the remotest doubt, but I think, from what I can learn from Japanese officials, that we and other nations interested in this trade will be offered every opportunity-I may even say inducement-to take a full share of it. The Japanese need capital to develop either Manchuria or Korea; foreign capital and enterprise are essential to them to insure the success of enterprises they already have there-such as the Southern Manchuria Railway-and to repel foreign assistance or put foreign capital under any disadvantage would be extremely unwise. I understand from reliable sources that for months past most of the trade of Dalny and Antung has been in American flour and piece goods, handled, of course, by Chinese and very largely by Japanese, and imported from Chefoo and Japan. It would seem possible that the volume of American trade in Manchuria has not in reality been much less than in past normal years, if not, in fact, well up to the average; but the channels of trade have temporarily changed, and local business interests are consequently disturbed. There will rise up in the near future numerous questions concerning rights and privileges of Japan and its subjects in Manchuria; but I still confidently believe that our people will have equal opportunity for trade there, and will enjoy all the rights of the most favored nation, if they will avail themselves of them. Unfortunately, our people have not conducted their business in China as other nations do, especially the Japanese and Germans, establishing direct relations with their customers. The greater part of all our merchandise, if we exclude petroleum and a few other articles of trade, is handled by foreign or Japanese firms who either import them directly from the United States or get them through commission houses, usually in Shanghai. Our interest in most of our products ceases the day they leave the factory or the port of shipment in the United States. The little brief excursion recently taken by the American Shanghai merchants to Newchwang and adjacent localities was, I think I am right in saying, the first they had made to a market only 800 miles away, and which they rightly consider one of the most important they have in China. This apparent lack of interest, for it can only be apparent, is recognized by American business men with whom I have spoken as deplorably short-sighted and discriminates more against us than any other cause, be it Japanese or Chinese. Let us hope we will finally recognize the absolute necessity of following the lead, to some extent, at least, of the countries which are making such a success in extending their trade interests here and ourselves watch local markets and local requirements and establish local relations. I have, etc. W. W. ROCKHILL. Minister Rockhill to the Secretary of State. [Telegram-Paraphrase.] PEKING, October 3, 1906. (Referring to his telegram of September 28, Mr. Rockhill says that he has been informed by the Russian minister that his Government has agreed to the opening of railroad frontier customs by the Chinese, and that he will now settle details with the Government of China.) No. 206.] The Acting Secretary of State to Minister Rockhill. DEPARTMENT OF STATE, Washington, October 25, 1906. SIR: I have to acknowledge the receipt of your dispatch, No. 395, of the 12th ultimo, inclosing copies of notes from the Chinese foreign office stating that Mukden, Antung, Ta-tung-k'ou, T'ish-ling, T-ungchiang-tzu, and Fa-k'umen have been opened to international trade. The department is gratified that some progress is being made toward the settlement of a long-standing question. I am, etc., ROBERT BACON. No. 217.] The Acting Secretary of State to Chargé Coolidge. DEPARTMENT OF STATE, Washington, November 23, 1906. SIR; I inclose herewith, for your information, a copy of a dispatch from the American ambassador to Russia, reporting the substance of a conversation which he has had with the Russian minister for foreign affairs respecting the establishment of Chinese customs-houses in Manchuria. I am, etc., ROBERT BACON, (NOTE. Same to the Embassy at Tokyo, No. 47, November 23, 1905.) No. 683.] [Inclosure.] Ambassador Meyer to the Secretary of State. AMERICAN EMBASSY, SIR: I beg leave to acknowledge receipt of your instructions No. 174, dated September 20, in regard to the open door in Manchuria, in which special reference is made to the necessity for the establishment of custom-houses in that region. Yesterday I took up the matter with Mr. Izvolsky, minister of foreign affairs, and called to his attention that the Japanese authorities were willing to accede to the establishment of Chinese custom-houses in southern Manchuria, provided the Russian Imperial Government invited the Chinese Government to establish custom-houses in northern Manchuria. The minister of foreign affairs stated that the question was complicated by the neutral zone and other considerations, but that the matter had been seriously taken up and he would report to me later on the subject. I have, etc., G. v. L. MEYER. Minister Rockhill to the Secretary of State. [Telegram-Paraphrase.] PEKING, December 18, 1906. (Mr. Rockhill reports that he has been informed by the foreign. office that, according to the agreement with the Russian minister, the three cities, Kirin, Harbin, Manchuria, will be opened to international residence and trade January 14, 1907.) RECIPROCAL PROTECTION OF TRADE-MARKS IN CHINA. No. 95.] [Continued from Foreign Relations, 1905, pp. 169 et seq.] AMERICAN LEGATION, Peking, September 15, 1905. SIR: I have the honor to inclose herewith a personal note from Baron von Mumm, the German minister, dated August 11 last, in reference to an exchange of notes for extending to China the provisions of our respective trade-marks convention. I was authorized to effect such exchange by your instruction of April 17, 1905, and by your cablegram of July 24. I also inclose a copy of a note which I wrote my German colleague in reply to his of the 11th August. Yesterday Baron von Mumm called on me and requested me to ask you whether you would authorize me to include "Schutzgenossen or protégés in the notes to be exchanged between us. He assured me that Germany had no Chinese protégés except in the leased territory of Kiao-chou, and that his Government had no intention of extending protection to any natives except to those in the actual employ of the German Government in China. All the other "Schutzgenossen" were either Germans or citizens of friendly nations, chiefly Swiss, not represented by diplomatic or consular officers in China and whose protection was intrusted to Germany. Baron von Mumm assured me that most of the other powers with whom Germany had exchanged notes for reciprocal protection of trade-marks in China had agreed to the German request of the inclusion of "Schutzgenossen," which he held was necessary, so that the terms of the German trade-mark law might be complied with. Although I fail to see that any of Baron von Mumm's arguments meet the objections I made to this point in my note, I told him that I would at once submit the matter to you and ask that you wire me whether I can comply with his request. I would also be pleased if you would instruct me on the second point raised by the German minister concerning the use of the term punishment," which I assume covers both civil and criminal suits. I have the honor, etc., 66 W. W. ROCKHILL. [Inclosure 1.] Baron von Mumm to Mr. Rockhill. PEITAIHO, August 11, 1905. MY DEAR COLLEAGUE: With reference to your conversations with Baron von der Goltz concerning the reciprocal protection of our trade-marks, I submit to your examination and eventual approval herewith the draft of a note which I am ready to, address to you. I would be obliged if in exchange you would kindly let me have, through Baron Goltz, the draft of your proposed answer. The formal exchange can then take place under the same date. From the English version, which Baron Goltz sent me, my draft differs in some minor points: I have added the word "Schutzgenosse" in accordance with our agreements with other countries on the same subject, as we might as well give each other all protection we possibly can 'Schutzgenossen," according to the terms of our laws, are either former German subjects, who have lost their nationality without acquiring another one, or they are citizens of friendly nations (chiefly Swiss) not represented by diplomatic or consular officials, who, in consequence of existing treaties, have asked for our consular protection and have been duly registered at a German consulate; they are employees of the legation or the consulates. My wording of the note affords your citizens protection against infringements also from protégés, and I would in consequence consider it fair if your note would grant to our Schutzgenossen your consular protection against falsifications by adding the words "and protégés after German subjects. Furthermore, I did not speak of "extension to China of the provisions of the trade-marks conventions existing between our two countries." Probably this term would have been quite correct, but as I don't know exactly at present the contents of those provisions I do not know if their "extension to China would be feasible. As my instructions don't mention this extension, but simply authorize me to provide with you for mutual protection of our trade-marks in China, I believe to be on the safer side, if I follow, as I have done, the wording of your exchange of notes with Sir Ernest. I may mention here that I have used in German two terms: "Handels und Fabrikmarken," but suppose that the English term "trade-marks" covers them both sufficiently. Lastly, I beg to draw your attention to the words "punishment of such infringements" in the English draft. You will be a better judge than myself in telling me, if these words do not perhaps only comprise the prosecution in criminal proceedings whilst our aim would of course be to afford protection against infringement of trade-marks as well on the "zivil- wie auf dem strafgerichtlichen Wege "-i. e., the person whose trade-mark was infringed, could, for instance, sue as well in a civil law case for damages or ask for punishment by criminal court. My term "auf zivil- wie strafgerichtlichen Wege einzuschreiten" covers both; it is for you to judge how you might best express this in your note. Hoping to hear from you soon, I remain, my dear colleague, I have the honor to inform your excellency that I have been empowered by the imperial chancellor, in the interests of German and American trade, to insure by an agreement with you the reciprocal protection of German and American trade-marks in China against counterfeiting on the part of German citizens and protegés and in like manner on the part of citizens of the United States and dependencies. Since your excellency also has received a corresponding authorization from your honorable Government, I hereby declare that, by virtue of the imperial law of May 12, 1894, for the protection of trade-marks, German consular judges are empowered to proceed by civil and criminal action against German citizens and protegés under their jurisdiction on the ground of the counterfeiting of the trade-marks of citizens of the United States of America, likewise of American protegés, which have been properly registered in Germany. As I am looking forward to the receipt of a corresponding declaration on your part, I am empowered and ready to inform the imperial consular authorities in China at once in the above sense, as soon as your excellency shall have given me the announcement that the American consuls in China will be furnished with like instructions. I also avail myself of this occasion to renew to your excellency the assurance of my highest consideration. [Inclosure 2.] Mr. Rockhill to Baron von Mumm. AMERICAN LEGATION, MY DEAR COLLEAGUE: I have been unavoidably prevented by my pressing work here from replying earlier to your note of the 11th instant, in regard to our proposed exchange of notes for the reciprocal protection of German and American trade-marks in China. I beg that you will accept my apologies. |