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cases involving Chinese and Mongolians are to be tried by
the defendant's court, and the law of the defendant's court
is to apply. Assessors of the plaintiff's nationality may watch
the case.
As between Chinese and Russians, where Chinese
are defendants, the cases are tried in Chinese courts in the
presence of Russian assessors, and the judgment is to be
signed by judge and assessors; where Russians are defendants,
the court is Russian, Chinese representatives may watch the
proceedings, but they have no voice in the judgment.

The treaty is apparently a compromise. Mongolian aspirations for an autonomous State are satisfied, Russian fear of Chinese infiltration in Siberia is allayed by the creation of a buffer State, and China retains some show of prestige by having her suzerainty recognized. Russia, however, has succeeded in opening a new region for penetration eastward. See American Year Book, 1915, page 115.

Guaranteed State.

MONTENEGRO (1878-1909).

1. INTERNATIONAL STATUS.

1623-1878, Montenegro tributary to Turkey.
1878, July 13.-Treaty of Berlin.

Montenegro was recognized as independent, but restrictions
were imposed by the signatory powers in favor of re-
ligious freedom, the neutrality of Antivari and Monte-
negrin waters, the rights of Mussulman aliens, etc.

[Hertslet, Map of Europe by. Treaty, IV, p. 2759; Holland, T. E. The European Concert in the Eastern Question, p. 277.]

1909, April 8.-In return for the acquiescence of Montenegro in the annexation of Bosnia and Herzegovina by Austria-Hungary the restrictions imposed by Article XXIX of the treaty of Berlin in the form of servitudes in favor of Austria-Hungary were removed, except the prohibition to erect fortifications at Antivari or along the Boyana.

2. RESTRICTIONS IMPOSED.

a. Organization of Government.

No restrictions were imposed by the treaty of Berlin. b. Powers of Government.

Religious freedom.

Art. XXVII (treaty of Berlin). "In Montenegro the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or

incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries in any locality whatsoever.

The freedom and outward exercise of all forms of worship shall be assured to all persons belonging to Montenegro, as well as to foreigners, and no hindrance shall be offered either to the hierarchical organization of the different communions, or to their relations with their spiritual chiefs."

Military restrictions.

Art. XXIX. "Montenegro shall have full and complete freedom of navigation on the Boyana. No fortifications shall be constructed on the course of that river except such as may be necessary for the local defense of the stronghold of Scutari, and they shall not extend beyond a distance of 6 kilometers from that town.

Montenegro shall have neither ships of war nor flag of war.

The Port of Antivari and all the waters of Montenegro shall remain closed to the ships of war of all nations.

The fortifications situated on Montenegrin territory between the lake and the coast shall be razed, and none shall be rebuilt within this zone."

Police administration.

Art. XXIX. "The administration of the maritime and sanitary police, both at Antivari and along the coast of Montenegro, shall be carried out by Austria-Hungary by means of light coastguard boats." Communications.

Art. XXIX. "Montenegro shall come to an understanding with Austria-Hungary on the right to construct and keep up across the new Montenegrin territory a road and a railway.

Absolute freedom of communication shall be guaranteed on these roads."

Rights of aliens.

Art. XXX. "Mussulmans or others possessing property in the territories annexed to Montenegro, who may wish to take up their residence outside the principality, can retain their real property either by farming it out, or by having it administered by third parties.

No one shall be liable to be expropriated otherwise than by legal process for the public welfare, and with a previous indemnity.

A Turco-Montenegrin commission shall be appointed to settle, within a period of three years, all questions relative to the mode of alienation, working, or use, on the account of the Sublime Porte, of property belonging to the State and religious foundations (Vakoufs), as well as of the questions regarding the interests of private parties engaged therein.”

Treaty-making competency.
No restrictions.
Diplomatic relations.

No restrictions.

MOROCCO.

1. INTERNATIONAL STATUS.

Protected independent State, 1906–1911; protected dependent State,

1911

1904, April 8.-Anglo-French convention.

Recognition by Great Britain of the claim of France to assist in the administrative, economic, financial, and military reforms in Morocco, under reservation of the rights already enjoyed by Great Britain by treaty or custom. Similar recognition was later granted by Spain, but Germany expressed dissatisfaction.

1906, April 7.-General act of the Algeciras conference.

Recognizes the independence and integrity of Morocco. Provides for reforms in the internal administration of the country.

Provides for equal commercial facilities in Morocco for all nations.

[Martens, N. R. G. 2d S, Vol. XXXIV, p. 238.]
1911, November 4.-Agreements between France and Germany.
Germany renounces all political interests in Morocco and
agrees to the establishment of a French protectorate,
receiving in exchange guarantees of equality for Germany
in economic and commercial matters and the cession of a
considerable tract of territory in the French Congo.
1912, March 30.-Treaty of Fez, between Morocco and France.
Formal acceptance by the Sultan of Morocco of the French
protectorate, which was shortly after recognized by the
powers.

1912, November 27.-Treaty between France and Spain.
France recognizes the right of Spain to exercise a protec-
torate over the Spanish zone defined in the treaty.

Tangier and its district excluded from the Spanish zone and made a special international zone (about 140 square miles).

Protocol provides for the building of a railway from Tangier to Fez.

2. RESTRICTIONS IMPOSED.

a. Organization of Government.

There is a French resident general (office created April 28, 1912) under control of the Moroccan department of the French Foreign Office. The Sultan is obliged to follow his advice in all matters. The Moorish minister of finance acts under the control of the French director general of finance, and the minister of justice under the control of the French secretary general.

In the Spanish zone there is a Spanish high commissioner under whose control the zone is administered by a calipha chosen by the Sultan from a list of two candidates presented by the Spanish Government.

b. Powers of Government.

Restrictions imposed by the act of Algeciras.

Fiscal limitations.

Articles XXXI to LVIII provide for the concession of a Moorish State bank and regulate its organization and functions.

Police administration.

Articles I to XII provide for the organization of the
Moroccan police under the authority of the Sultan,
recruited from Moroccan subjects, but organized under
the direction of Spanish and French officers.
Articles XIII to XXX provide for measures to be taken
for the suppression of illicit trade in arms.

Articles LXXVII to CIV provide for the suppression of
fraud in respect to customs duties and the suppres
sion of smuggling.

Public works.

Articles CV to CXIX provide for an equality in the position of the powers with regard to the construction of public works, which are to remain under the authority of the State, whatever concessions be granted to foreign capital to secure its aid in their construction.

Trade restrictions.

Article LXVI provides that during a temporary period imports from foreign countries shall pay a special tax

of 21 per cent, to be applied to the construction of public works destined to the development of navigation and of commerce throughout the Empire.

NEWFOUNDLAND.

Newfoundland obtained representative government and a constitution in 1835. In 1855 it received a grant of responsible government under which its executive authorities are subject to the control of the legislative body. The executive authority consists of a governor, assisted by an executive council nominally appointed by him, but actually responsible to the house of assembly. In respect to powers of self-government and relations to the British Empire the legal status of Newfoundland closely approximates to that of Canada.

NEW ZEALAND, DOMINION OF.

Autonomous colony.

1. INTERNATIONAL STATUS.

1852, act of British Parliament establishing a form of government for the colony of New Zealand.

1875, act of the colonial legislature abolishing the provincial (Federal) form of government.

1907, order in council and proclamation changing the designation of the colony of New Zealand to the Dominion of New Zealand.

2. EXTENT OF AUTONOMY.

a. Organization of Government.

Executive authority. Exercised nominally by a Governor and an appointive cabinet, but in reality by a cabinet responsible to the General Assembly.

Legislative authority. Vested in the Governor and a "General Assembly" consisting of two chambers, a Legislative Council, appointive before 1915 and afterwards gradually becoming elective, and a House of Representatives, elected by the people. b. Powers of Government.

Restrictions imposed.

The General Assembly possesses a general grant of powers relating to Dominion affairs, free from restrictions except in so far as the Governor has the nominal right to withhold his assent from bills or to "reserve" them for the pleasure of the Crown. There is also a right of appeal from the Supreme Court to the Privy Council of the United Kingdom.

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