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Arms Conference Agrees to More Binding Open-Door Policy‘ BETTER UNDERSTANDING AIMED AT.BY DELEGATES Principle Involved Not Declared New, But Regarded as Having Undergone Changes Since Its Application in 1896. The official statement in regard to|mittee desired to proceel with the yesterday's session follows: The twentleth meeting of the com- mittee on Pacific and far eastern questions was held this morning, January 18, at 11 o'clock, in the FPan- American building. The chairman (Mr. Hughes) sug- gested that the committee continue the discussion of the proposed resolu- tion in regard to the open door in China. Baron Shidehara said that, with reterence to section 1II of the draft resolution, it appeared that the con- stitution of the board of reference was to be framed by the special con- ference on Chinese customs duties. discussion of the resolution. Baron Shidehara asked If he might be permitted to make a lew remarks in regard to section IV. Onme point had already been raised by the Kronch delegation, but he €id not knaw what plans of revision the French delegation had in mind. He was glad to say, as the chairman had very properly remarked the previous day, that the principle of “the open door” was not a new. invention; it had been adopted and confirmed in various treaties and arrangements; but it must be noted that the principle had undergone considerable changes, in its application, since it had originally x;;;;; initiated by Secretary Hay in It was then limited in its scope, both as concerned its subject matter and the area of Chinese territory to which it applied; it simply provided, in sub- He knew that If was premature at|stance, that none of the powers having this moment to discuss details of | spncres of influence or leased territories such organization, but he would like %o form a Eeneral idea of what that Dboard of reference would be. Judg- ing by the nature of the questions to be dealt with, Baron Shidehara pre- sumed that each of the nine govern- ments would have to appoint, as mem- bers of the board, some of their ablest and broadest minded jurists. upon whose judgment their own and the other interested governments could rely. As the board of refer- ence was to be of a permanent na- ture, these jurists would elther have to stay In China indefinitely or they ‘would have to be sent to China each time questions within the competence of the board came up for considera- tion and examination. Apart from the question of expense to the nine governments for the maintenance of the board, it had occurred to Baron Shidehara’ that it might be difficult, from a practical standpoint, for these governments to spare ablet and first- rate jurists who would accept the post in_question under these condi- tions. If jurists of such qualification could not be spared, the consequence Would only be disappointing. l | in China should interfere with treaty POrts or with vested rights or exercise any discrimination in the collection of customs -dutles or railroad or harbor charges. ~The principle formulated in the draft resolution was of an entirely different scope from the policy of “the open door,” as conceived in 1898-99; the draft resolution gave, in a certain sense, a new definition to that policy. Change Suggested. It seemed natural, therefore, that this new definition should not have any retroactive force. According to sec- tion 1V, it appeared as if the conces- sions already granted by China would be subject to examination in the light of this new agreement. - If that were the case, it seemed probable that this agreement would affect private parties unfairly and Baron Shidehara would, therefore, like to suggest that the wording of section 1V be changed somewhat in order to meet this situa- tion. His suggestion would take the form that section IV be changed to read as follows: “IV. The powers, including China, He | represented at this conference, agree thought perhaps this practical sidethat if any provisions of a concession of the question had already been con- sidered by Y would be happy if the chairm would inform the committee of h views in regard to it. Jurists Considered. Sir Auckland Geddes said: “Mr. which may hereafter be granted by the chairman and he|China appear inconsistent .with those of another concession or with the prin- ciples of the above agreement or decla- ration they may be submitted by the parties concerned to the board of refer- ence when establishéd for the purpose of endeavoring to arrive at a satisfac- Chairman, this question of the board | tory adjustment on equitable terms.” of reference raised by Baron Shide- The chairman said that he was grati- hara is one which we had thought|fled at what he understood to be the over, before I ventured to suggest,|appreciation by Baron Shidehara of two days ago. that some form of ma- chinery be established. The idea that we had in mind about this machinery | derstood. was something of this sort: actual board of reference-should be composed of jurists, but that it would not be necessary for all the powers’ representatives to attend all the meet- ings of the board. We conceived of this machinery somewhat in this way: that every power should nominate to a panel, jurists of eminence and dis- tinction, and that from that panel there should be drawn two, three, four, whatever number was required, to form the board which is actually to consider any special case that was brought before For example, it occurred to us i it might be pos- sible for Jjustices at Shanghai or the purpose and scope of the open- door policy, certainly as at present un- In view of what Baron That the | Shidehara had said with regard to the original scope of that policy. the chair- man hoped the delegates would permit him to refer to some of the interna- tional documents bearing upon that subject. It was quite true that in the original statement of the policy by Secretary Hay there were apecific points mentioned. It was also true that the bearing of those points and the intent of the policy were very clearly presented. The géneral pur- pose in view and the real meaning of the open-door policy ‘were indicated in the communications addressed to the several governments under in- Hongkong to be on the panel of the | structions from Secretary Hay. board of reference as the British rep- resentatives. If an occasion in which Britain was concerned arose, or one in which under the adopted scheme a British justice would sit upon the board of reference, one of these dis- tinguished jurists would be called to take his turn on the board. I think that possibly a scheme worked out by the conference which is to be re- sponsible for its preparation might follow some such lines as these. ““There would be this panel of jurists and it might be arranged that any inquiry should be dealt with by a small board—say, with a representa- tive of each of the countries con- cerned—with perhaps a neutral chair- man selected from the panel. It seems to me that in some such way, with- out great expense, without keeping eminent and distinguished jurists in China for long periods, during which they might have nothing or perhaps little to do, we would be able to get some such machinery set up in a cheap, simple and, effective way. “These are ideas that had passed through my mind before I made pub- lic the suggestion that there might some machinery devised. I do not know whether my ideas agree with those of any of the other dele- gates at this conference. but as a preliminary indication of one way in which the board of referees might be created. I am sure there are nu- merous equally goed, if not better, plans possible. 1 ‘merely wish to make it plain that there is no in- superable difficulty attaching t§ the posal which you have brought be- fore us. “Before I sit down there is one other thing in this resolution that I think it might be well to say a few words about. Already the question has been raised as to whether this reso- lution, if it be sgdopted and become operative, would exciude from all ac- tion such a body as a consortium, and I would like to have recorded upon the minutes these words: Consortium Not Disturbed. ~Of course, it is clearly understood that there is nothing in this resolu- tion which affects, one way or the other, the existing international con- eortium or any other form of volun- tary co-operation among private financial or industrial groups in dif- ferent countries, which may join to- gether in a mannen not involving monopoly or infringement of the principles recognized by the confer- ‘ence in order to furnish China with some essential service most efficiently and economically to be provided by united effort.” Baron Shidehara sald that, so far as the British empire was concerned, there seemed to be, as Sir Auckland Geddes had just explained. no practi- cal difficulty to carry out the plan for the constitution of the board of reference, but Baron Shidehara thought that there might be difi- culties as concerned some of the other interested powers. It was not his intention to raise any objections to the organization of the board; he simply desired to point out the diffi- culties to be expected. The chairman said that it Was pro- vided in article III of the proposed resolution that the detailed scheme for the constitution of the board should be framed by the special con- ference to which article I of the cove- nant on Chinese customs duties re- ferred. ‘He assumed $hat that special con- ference would give the closest con- sideration to the questions which had been raised by Baron Shidehara, d other questions that would re- late to the constitution of the board. He felt, however, that such matters would not present insuperable diffi- culties. It would require close atten- tion to avold unnecessary Imconven- fence, but, as Sir Auckland Geddes had pointed out, there could immedi- ately suggested someemeasures of & practical sort by which the . object could be attained. In Accord With U. 8. Views. The chairman wished to say, in ore der to avoid any possible misappre- hension, that Sir Auckland Geddes’ ststement with regard to the consor- tium was In entire accord with the wiews which the American delegation entertained. The resolution was not in any way intended to interfere with the operation of the consortium, which in its provision for co-opera- tive effort would not in any way in- fringe the principles adopted by the to act ‘The ehairman then asked {f the com~ | the territories A Choate Communication Read. The chairman then read the com- munication of Mr. Choate, ambas- sador to the Court of St. James to Lord Salisbury at London, September | toward maintaining undiminished th 22, 1899, upon this point, as follows: “He (the President) understands it to be the settled policy and purpose of Great Britain not to use any privileges which may be granted to it in China as a means of excluding any commercial rivals, and that freedom of trade for it in that empire means freedom of trade for all the world alike. Her majesty’s government, while conceding formal and Russia the possession of ‘spheres of Influence or interest' In China, in which they are to enjoy special rights and privileges, partic- ularly in respect. to rallroads and mining enterprises, has at the same time sought to maintain what s commonly called the ‘open-door’ policy, to secure to the commerce and ravigation of all nations equality treatment within such ‘spheres.’ The maintenance of this policy is alike urgently demanded by the commer- cial communities of our two nations, as it is justly held by them to be the only one which will maintain their positions in the markets of China, and extend their future operations. “While the government of the United States will in no way commit itself to any recognition of the ex- clusive rights of any power within|, or control over any portion of the Chinese empire, under such agree- ments as have beem recently made, it cannot conceal {ts apprehension, that there is danger of complications arising between the treaty powers which may imperil the rights insured to the United States by its treaties with China. “It is the sincere desire of my gov- ernment that the interests of its citi-~ zens may not be prejudiced through exclusive streatment by any of the controlling powers within their re- spective ‘spheres of interests’ in China, ang it hopes to retain there an open market for all the world's com- merce, remove dangerous sources of international irritation, and thereby hasten united action of the powers at Peking to promote administrative re- forms so greatly necded for strengthen. ing the imperial governmnt and main taining the integrity of China, in which sai improve | , ., ty's orde: existing conditions, enable them to| . i eor, iR equal treatment to the citizens and }Secre! of State, and Baron Taka- subjects of all natiows, especially in|hira, mbassador of Japan. In the the matter of customs duties and nav- | light of these ‘reiterated statements, igation dues, as well as transporta- | which camld hardly be regarded as tion tariffs on rallways.” ::“':',g‘.“’t“l“- t“;; "h:.'{“"“ t"‘“‘"d jmot A 6 statement of prin- Japan Attitude Favorable. ciples recarded in the resolution be- chalrman then said that the|fore the committee was a new.state- representatives of the United States|ment. He rather regarded it as a communicated to all the governments | more ddfinite and precise statement goncerned in the same sense in whigh | of the principle that had long been Mr. Choate communicated with Lord | admittad, and to which the .power: Salisbury in what had already been|concerhed had given their unqualified read. And in his reply to this, on De- | adherence for twenty “ears. Cember 25, 1899, the Japanese min-| In saying this, he not wish at ister of foreign affairs stated to the|all toidetract from force of the American mihister: statement made by . Shidehara, “I have the happy duty of assuring|as the chairman unu..stood it—that your excellency that the imperial gov- | 18. in the complete acceptance of the ernment will have no hesitation to|Principle as it was here formulated. d- fair| He did not desire to deal with the! pro- | question which was discussed, so far Con- | 8 he was’concerned, yesterday, with respect to the true construction and application of article IV. He wished simply to say that he helleved that this resolution in its ‘first article stated a principle which hed been operative all through the period he had named, and had been binding upon the governments concerned, and that it was important that, 4t this time, they should have a reaffirmation With nctenmed denaitions. and shauld v reased definitions, and shou! somé mac g;‘-g:eue":flxnu.s yet, having received PPl Ratoni s e ectve es, Secretary Hay, in his| Sir Robert Borden s instructions of March 30, 1906, to the | principal diMoulties . 1o - copmsction representatives of the United States|with this resolutio® agpeared to have of America’acoredited to the six gov- | arisen over the fousth article. He ernments consuited, summed up the|was of opinion that the powers con- matter, as follows: cersRd could act with equal effect if “The —— government having ac- |the fourth article were omitted alto- cepted the declaration suggested by | gether. Under that article there gould the United States concerning foreign | be no effective action except with the trade in China, the terms of which I|consent of the parties concerned. If transmitted to you in my instruction | the fourth article- were omitted it vided that all the other pow: cerned shall accept the same.” ‘The Italian government stated, through the Italian minister of for- :l'%n affairs, in his note of January 7, 3 * * I take pleasure in saying That the government of the King ads heres willingly to the proposals set :or.lh. IE said note of December 9 While it was quite true, the chalr- man continued, No. of ——, and like action having | would still be open to the powers, if been taken by all the varions powers | they saw fit. to give the 1ike eonaent having leased territory or so-calledjand to utilize for the determination ‘spheres of interest' in the Chinese|or investigation of any relevant ques- empire, as shown by the notes which i tion the board of Pefeyrence 10 b‘:ucl- I herewith transmit to you, you will {tablished under article IIIL please inform the government to| He offered that as a suggestion' :I!’l:;‘h“ you llrle al;:credtl'(edh shnl t!he V;‘hlch might help, perhaps, to bring ol on originally attached to its|them to an und - acceptance—that all other powers | clusion. R anee concerned should Hkewise accept the proposals of the United States—hav- ing been complied with, thie govern- ment will therefore consider the as-|¥hich he would like to make. Yy —— as final and| 0% sent given to it b: definitive. Proof of Friendly Spirit. “You will alsd transmit to the min- ister for foreign affairs copies of the present enclosures, and by the same occasion convey to him the expres- sion of the sincere gratification whicl the President feels at the successful termination of these negptiations, in which he sees proof of the friendly spirit which animates the various powers interested in the untrammeled development of commerce and Indus- try in the Chinese empire, and a source of vast benefit to the whole Opposed $o Jurists. There was one other observation He Id hardly bring himself to agree t the board of reference, when con- stituted, should be composed of ju- rists. It should rather be composed of persons having a knowledge of eco- nomic conditions, a knowledge of the conditions of China and the trade of China. With all due respect to the profession of which he was a humble member It might be passed over with advgntage in this connection and othe~ persons might be selected who cou accomplish the task with perh: even a higher degree of knowledge and capacily than could be expected from members of the bar for such a purpose. | made it clear what was the scope and commercial world.” It was, therefore, quite manifest, the chairman sald, that while Secre- tary Hay presented certain definite points in the proposal he made, he Mr. Sze asked the indulgence ot the committen, on behalf of the Chi- nese dclegation, to be permittea to add one or two words to the discus- slon. Mr. Sze said he first desired to thank the chairman for his very cear puRe and well drawn draft resolution, dnd The chairman added that on October | for the very lucid explanation which 16. 1900, an agreement relating to|had accompanied his presentation ot China was concluded between Ger-|It. Mr. Sze felt equally grateful for many and Great Britain, {n which it [the illuminating debate which h~d was stated that her Britannic maj-[taken place in the committee in re- | esty’'s government and the imperial [gard to it. The fact that the subject of | German govérnment being desirous to | “the open door” had occupied nearly maintain their interest in China and [three whole sessions of the commit- their rights under cxisting treaties,|tee showed that the importance of purpose of.the policy .that he advo- had agreed to observe the followin, principles in regard to their mutual policy in China: “1.” It is a matter of joint and permanent international interest that the ports on the rivers and littoral of China should remain free and open to trade and to every other legitimat. form of economic activity for the n tionals of all countries withéut dis- tinction; and the two governments agree on their part to uphold the same for all Chinese territory as far a8 they can exercise {nfluence. “2. “Her Britannic majesty’s gov- ernment and the imperial German government will not, on their part, make use of the present compli tion to obtain for tRETEURTH any territorfal advantages in Chinese do- minions, and will direct their policy e e territorial condition of the Chines empire * ¢ ¢ Accepted by Governments. The two governments agreed to communicate their agreement to the other powers interested, and special- 1y to Austria, Hungary, France, Italy, Japan, Russia and the United States of America, and to invite them to ac- cept the principles recorded in ft. DY That was done, and their assent re- agreements with Germany |ceived. M. Delcasse, on behaif of the French government, 1d, October 31, 00: “The government of the republic has long manifested its desire to see China opened to the economic activ- ity of the whole world; hence the em- phatic adherence that it gave, in the month of December last, to a pro- posal of the government of the United Of [ States prompted by the same preoc-|procedure at present” observed cupation. Its feeling in that regard has not been changed.” The Italian government said on Oc- tober 22, 1900: “ & & ¢ Having taken his majes- rs, I am today in a position 'm_your excellency that the Itallan government, recognizing in the Anglo-German agreement those same principles which rule their own policy in China, do not hesitate to give their adhesion thereto * & & * The Japanese government said, Oc- ber 29, 1900, after formal acknowl- eligment of the note: “# e s At the same time, in fur- ther compliance with Lord Salis- bury’s instructions, you requested me to inform you whether the imperial Japanese government are inclined to acaept the principles recorded in said agreement. “Phe imperial government, having ecelved assurances from the con- racting powers to the effect that, in adhering to the agreement in ques- tion, they will be placed in relation to such agreement in the same posi- tion they would have occupled if they had been a signatory instead of. an adhering state, do not hesitate to formally declare that they adhere to the said agreement, and accept the principles embodied therein.” Of International Benefit. g It would be noted, the chairman id, that those principles, as stated it believes the whole western world[in the first article of the agreement is alike concerned.” Alm to Protect Trade. The chairman, continuing, said that] that the ports on it was for that purpose that Secre- between Germany and Great Britain, were that it was & matter of joint and permanent international interest e rivers and lit- toral of China should remain free and tary Hay Instructed the ambassadors | suen 1o trade ang every other legiti and ministers of the United States to | siate ‘form of economis activity: for obtain, if agreeable to other powers, declarations with respect to the treat- ment of foreign trade and commerce, the nationals of all countries with- out distinction, Further, in 1908 there was an ex- especially from those powers claim-|change of notes between the govern- ing spheres of interest in China.|ment qf the United States of Amer- Lord Salisbury replied to Mr. Choate | jca and the Japanese government im. to the effect that he would consult with his colleagues, and added, in his! the fmportance of a frank exchan communication of September 29, 1899: | views aa to the aim, policy an “In the meantime, I -may- assure your excellency that the policy con- sistently advocated by this country is one of securing equal opportunity for the subjects and citizens of all nations in regard to commercial en- terprise in China, and from this pol- icy her majesty’s goyernment have no intention or desire to depart.” Later, Lord Salisbury wrote: “I have much pleasure in inferming your excellency that ner majesty’s gov- ernment will be prepared tq mal a declaration in the sense desired by your government in regard. to the leased ter- ritory of Wel-hei-Wei and all territory in China which may hereafter be ac- quired by Great Britain by lease or otherwise, and all spheres of Interest now held or that may hereafter be held by her in China, provided that a similar declaration is made by other powers concerned.” . On December 16, 1899, the French minister ‘of foreign affairs addressed a communication to the American ambas- sador at Paris in which he sai ¢ & e e The declarations which I made in the chamber on the 24th of November last, and which I have %had occasion to recall to yow sinée then, show clearly the sentiments of the government of the republic. It de- sires throughout the whole of China, and, with the quite ‘hatural reserva. tion that all the powers Interested glve an assurance of their willingness likewise, is ready to apply in which are leased to it, 3 @ which, after appropriate Tecitals as to 15 n- tnetfon of the two ernments, it was said under date of November 30, 1908 “1. It is the wish of the two gov: erpments to encourage the free and peaceful development, of their com- rce on the Pacific ocean. “2. The policy of both governments, uninfluenced by any aggressive ten- dencies, is directed to the mainte- nance of the existing statud quo in the region above ‘mentioned and t the defense of the principle of equal opportunity for commerce and indus: try in China. “3. They are accordlngly firmly re- solved reciprocally to . respect th territorial possessions belonging to other in said region. “4. They are also determined to preserve the common interest of all powers in China by supporting by all pacific means at their disposal the indeépendénce* and integrity of China and the principle of equal opportu- nity for commerge a: industry of all nations in that empire. . “5. Should any event occur threat- ening the -status quo as above de- scribed or the of equal .op- portunity as above-defined, it remains for the two governments to - commu- nicate with each other in_order to ar- rive at an understanding as to what meagures they may: consider it u: ful to take.’ ® * *” . In Force Twenty Years. .ceptes i this principle had not been diminisheq by the passage of years. e supposed that the committee would first like to know China's po- sition in regard to the draft resolu- tion. In regard to this he thought he could do nothing better than to refer to the second of the proposals presented by the Chinese delegation on November 16, namely: hina, be- Ing in full accord with the principle of the open door ér equal opportunity for the commerce and industry of ail nations having treaty relations with China, is prepared to accept and apply it in all parts of the Chinese republic without exception.” In this proposal the, position of the Ghinese delegation wa% put very simply and clearly and he did not belleve there was any use in his taking up the committee’s time b{l?flerlng any further explanation of it. Partly Restricted. He desired, however, to say one word in regard to “the open door.” The rendering of that expression into Chinese, some years ago, had given rise to some doubt in the rginds of those who only read Chinese. . He would therefore like to state that “the open door” did not mean the opening up of all parts of China to foreign trade, commerce and indus- try: he only =aid this because of the misapprehension in the matter which had existed in ina. In regard to article Ib, his esteémed colleague, Baron de Cartler, had sug- gested on the previous day that the words “provincial government” be changed to “local authority. T)".e n China by the central government,i with reference to concessions given by provincial authorities, he stated would remain the same irrespective of which phrase was used, and this practice was too well known to need further elucidation. In regard to article IIT he wondered whether it would not be better to eliminate the words “in principle.” }f the committee reached an agree- Thent It was probable that it would be on something definite. He only made this as a suggestion in the be- llef that it would make the para- graph more clear. = He had remarked & few minutes be- fore on the great importance of the: principle of “the open door,” whiehi had also been dealt with in the third & of the “Root resolutions” as follows: ! “To use their influence for the pur- pose of effectually establishing and maintaining the principle of equal opportunity for the commerce and in- dustry of allénations throughout the territory of China.” The committee would note that in this resolution—which had been ac- d by all the powers represented able—that the. wards ‘‘estab- d maintaining” were used. e of English was lim- thought that the two flerent meanings, to es- at the ti lishing' His knowledg but _h had dif 1 meaning to create and to maintain meaning. to continue in operation; taken together these tiwo undertakings could mean nothing else than the bringing into existence of a regime under which the principles of the open -door could be effectually applied. It therefore seemed that section IV of the draft regolution could safely be adopted. Questions in re- gard to concessions h&d arisen in the part and would doubtless arise in the future. If questions should arise in the future it would be better, as the chairman had remarked, .that the ne: gotlations among the powers should not be oconfined to diplomatic notes; | it would do no harm to either party in such a dispute to have it referred to a friendly body such as was provided for in section. IV for adjustment. Vote Suggested. The : chairman stated that a pro- posal had been made by Baron Shide- hara for an amendment to article LV and = further proposal by Sir Robert i, “ar the omission of article IV. order that they might el WO tab! In proceed, without, of course, desiring to limit discussion, ‘as rapidly as possible, he asked whether they desired to indi- cate their preference with respect to Sir Robert Borden’s suggestion as to the omission of article IV. Mr. SBarraut suggested that Sir Rob- ert Borden's proposal be voted on first...., The chairman answered that thatj had been the/intention of his sugges- tion, and he was asking for an ex. pression of views before bringing the matter to & vote. Baron.Shidehara stated that Japan ‘was i3 favor of eliminating artiole IV. ‘chairman said .that it seqmed that in view of ltdh: expres- ‘m propriately be thé concern of the respective gov- ernmehts it possibly would ln’:eo ent if they omitted arti v rdance -with Sir Robert n. it meem B and he was asking ln(om!llr the views of others before proceeding to take the vote. i Senator Schanser agreed. ‘The chairmen continued with & sug- gestion that it might be bettér, to withdraw article IV from the resolu- o bring the matter to an agreement an it possible, article IV might now be withdrawn and the three articles of the resolution be presented for con- sidoration and action. He asked if the delegates were ready to vote upon the three articles. Subject to Afproval. Mr. Hanihara sald that under sec- tion III of the draft resolution the constitution of the board of refer- ence would, of course, be subject to the approval of the respective gov- ernments. He would think that some specific instruction to the special con- ference would be necessary in con- nection with the constitution of the board. He asked whether the chair- man had in mind anything in regard to this point—whether he thought that this conference might do it or that some one goverament might be asked to do it. The chairman said that the pur- pose, of Article III of the resolution was to set forth the function in general terms of the proposed board and to provide an arrangement through which it might be consti- tuted. It would be constituted under this arrangement at a special con- ference at which there would be representatives of all the contractine powers. He assumed that each power would instruct its representative with respect to its general ideas of the manner {n which such a board should be constituted. He supposed the representatives of the powers would pather together and exchange thefr views. Thelr conclusions would be reported to their governments and in the usual way: out of such com- parison-of views and under instruc- tions from their governments and| suhject to the final approval of their governments a scheme would emerge which would carry out the intent of the resolution. Not Belleved Practicable. it would hardly seem to be practi- cable in this conference to undertake that work, because it was of a very special and detailed character. On the other hand, as he read the resolu- tion,, there was no doubt as to the purpose in view =and the general scope of the proposition. Baton Shidehara said that if he rcrectly remembered Mr. Balfour's ramorks of the previous day the latter had pointed out that there were certain concessions which car- ri:d with them rights of the nature onopoly. to a limited extent. e sald that it was his understanding that these rights would be protected. under the last paragraph of Article 1. .He desired to know if this view was correct. He stated taat the United States gov- ernment had no interest whatever in the ownership and had no desire to se- cure control. They wisbed merely to do anything within thelt power to promote the proper conduct of that road, as ore of the greatest instrumentalities of commerce in the east: Declared Difficult Subjeet. The subject was o difficult, there were 50 many d:fferent ang es taat had to be carefully considered and the project and the relations of both Russia and China to it were such that he did not think, speuking for himself personally, that the matter could profitabiy be discussed in the committee at this time. It seemed to him that such a discussion would almost necessarily invoive a detalled consideration of aistory and of docu- ments_and Interests without dealing with the point of the immediate require- ments by reason of the existing condi- tions In that part of the east. The chairman, therefore, cuggested that & subcommittee of experts be ap- pointed, drawn from technical advisers of the various delegations, or with such representatives of the powers as migat be deemed fitting by each, to consider at once whether there was anything that could be done at this conference -which would aid in promoting the efficiency of that railroad and its proper manage- ment. His thought would be that these experts would be already famillar wita the history of the rcad; they would know all about the exigency which the committee had to meet, and they could, by interchange of "views, bring before [ the committee, if anything was practica- bie. something concrete far more readily than could be developed in a discussion now.. This, of course, would not pre- clude any discussion iater in tae light of such report as the subcommittee might make. The chairman asked whether that suggestion met with the approval of the delegates. Does Not See Gemeral Interest. Mr. Hanihara said that, according to the chairman’s suggestion. all the nine powers were to be represented on this subcommittee of experts. He did not| wish to enter into any argument on the subject, but it seemed to him that some H 1 | ! of the nine powers were not interested in the Chinese Eastern railway. He brought up this point only because he wished to facilitate matters. The chalrman said that he was quite consclous of the fact brought out by Mr. Haninara, but he thought that none should be excluded from the opportunity to give the committee the aid of their suggestions. The situation was a very difficult one, and If théy could generate any thought that would be helpful he Delieved the committee as a whole would be indebted to them. The suggestion was unanimously adopted. s The chairman said that before ad- Journing an opportunity would be given 1o offer resolutions relating to the sub- ect of railroads, which might be cir- Culated and be the subject of considera- tion at the next meeting. . Baron Shidehara said there was a question he wished to raise in conrac- tion with the matters discussed relating to the “open door.” He then made the following statement: - “The Japanese delegation understands that one of the primary. objects which the present conference on far eastern questions has in view is to promote the general welfare of the Chinese people, and, at the same time, of all nations interested nd in China. For the realization of that' desirable end, ' nothing is of greater nce than the develop- ment and utilization of the unlimited natural resources of China.’ Three Articles Adopted. «The chairman inquired if the com- mittee were ready to vote, an- nounced that the United States gov- ernment assented. . 1gium assented. The British empire assented. Mr. ¥ige sald that when it was pro- posed that section IV should be with- drawn, he understood from the re- marks of the chairman that,this did not in any way limit the right of any delegition to bring up the substance of this section at a later time in some other form or connectlon. The chairman sald that Mr. Sze’ understanding wa# correct. Mr. Sgze said that with tion he would vote “yes.” The chairman said that article IV had been withdrawn in the interest of proceedin, to, an agreement upon the articles which apparently the committee was nmfl' to adopt. Any delegation was at liberty to bring forward article IV in substance or in any other way it might desire. JThe remaining delegation all as- is reserva: sefted. . The chairman -declared that the three articles were unanimously adopted as follows: “THE OPEN DOOR IN CHINA” (Revised Draft of Resolution).’ “], With a-view to applying more effettually the principles of the open door or ‘equality of opportunity in China for the trade and industry of all nations, the powers other than China represented at this conference agree: .Il.s ‘Not' to seek or te support their - nationals in seeking any ar- rangement which might purport to ‘establish in_ favor of their interests any general . superiority of rights with respect to commercial or econ- omic development in any designated h':g'; °§cfim&"a§x r to support bl or U] their mationals ia 0poly :or pr prive other ionals of the right of undertaking any legitimate trade or industry in China, or of participating With the Chinese government or with any local authority in any category of public enterprise, or which by reason of its scope, duration or geographical extent is calculated to frustrate the practical application of the prineiple of equal opportunity. “It is understood that this agree- ment is not to be so construed as to prohibit the acquisition of such properties or rights as may be nec- essary to the conduct of a particular commercial, industrial or financial undertaking, or to the encouragement of invention and research. China Takes Note. “II. The Chinese government takes note of the above agreement and_declares its intentlon of being guided by the same principles in dealing with applications for eco- nomic rights and privileges from governments and nationals of ‘all foreign countries, whether parties to that agreement or not. - “IIl. The powers, including China, represcnted at this conference agree in principle to the establishment in China of a board of reference to which any question arising on the above agreement and declaration may be referred for investigation and re- port. “(A detailed scheme for the constitu- tion of the board shall be framed DY Chine of a board of reference, Lo article 1 of the convention on Chinese customs dutiep.)” The chairmafi then suggested that, it it were desired by any delegate at this time to bring forward article 1V, it could be dealt with at once. Mr, Sze said that in view of the fact that time was limited, he asked the chairman to extend the right just mentioned by him of bringing up the substance of section IV at a later time. The chairman assented. Raflways to Be Discussed. The chairman said that there Was one subject which might possibly be dealt with in the short time left be- fore adjournment. With the reserva- tion which had been made, the com- mitteq would approach as the next Isubject on the American agenda the matter of railways in China, includ- ing the specific matter of the Chinese Eastern railway. : He added that he did not intend to review the history of that enterprise. He assumed that it was familiar to lall, and that each delegate had before him or at his command the docu- mentary hisfory of the Chinese East- ern railway. The members of the com- mittee were probably conversant with the problems before them in relation to the proper and efficient manage- ment of that important line of com- munication. These problems con- cerned finance, the form of manage- ment and eficleney of management. So far as the United States of America wax concerncd, there was but one in- terest and that was that the railroad should be maintained as an artery ot commerce, with free opportunity to all and unfair discrimination against none. — The chairman said that, ag he un- derstood it, the concluding paragraph of article 1 of the resolution *was in- tended to protect the particular com- mereial, industrial or financial under: takings which might be prosecuted consistently with the maintenance of the general principle v;'mc:d was stated in paragraphs (a) a g T feterrea to such un- dertakings which, by reason of their i duration or geographical ex- ere calculated to frustrate the al application of the principle of equal opportunity. As he had ex- plained the day before, they were dealing with the open door—an ave- nue to opportunity, an avenue to le- gitimate enterprise—and not with obstacles to legitimate enterprise; and all that was embraced in the va- rious undertakings which, to the ex- tent of the particular rights essential to their prosecution, of course, mo- nopolized a special line of endeavor in a_concrete or particular case, were amply protected by the last clause of the firat article. The purpose was, however, to safeguard the principle. £0 that, under the guise of particular under{fikings. there should not be any aesertion of a general guperiority of Tight, or a monopoly or preference which would be in conflict -with the principles to which we adhere. Questions About Consortium. Baron de Cartier asked if. in view of the proposed withdrawal of ar- ticle IV, whether there would be any change 'in the declaration made by Sir_Auckland Geddes? The chairman asked if the refer- ence to the consortium was meant. Baron de Cartier having confirmed this, the chairman continued, saying that the reference made was to the consortium, and the adoption of this resolution would in no way interfere with the activities of the consortium, which.-for the purpose of helpful co- operation, were entirely consistent with the principles declared. The ;chairman added that there were fwo verbal amendments, one at the last meeting, suggested by the Belgian ambassador, that in place of the words “provincial government" in paragraph (b) of article I should be inserted the words “local author- ity.” He understood that that amend- ment was adopted with the consent of all. . The other amendment was the one suggested at the - present meeting with respect to article IIL and that was the omission of the words “in principle.” He atided that he would like to say a word with reference to that. There were many cases.in which the -use of the . words “in principle.” which had the ganction of abundant usage, might be taken to detract from the force of any specific statement em- bodying the principle. He said that in this particular case, however, the whole statement was a statement of a principle. In other words, there was no attempt to preseribe details, and his own opinion was that whether the words “in principle” were in or out, the article meant exactly the same; 80 with the per- mission of Mr. Sze and that under- standing, in order to avoid unneces- sary discussion, he would suggest putting the three articles to a vote with the one amendment of the in- sertion of “local authority,” in place of “provincial government. Resources to Be Avallablé. “It is agreed on all sides that Chinn is' a country with immense poten- tialities. “She is richly endowed by nature with arable soil, with mines and with raw mater| of various kinds. . But those natural lources are of little practical value so long as they remain undeveloped and un- utilized. In order to make full use of them, it seems essentia] that China shall open her own door to foreign capital afid to foreign trade and en- terprise, E.hu -subjest, Dr. Sze, Paragraph (b) re! “Touching on.ti on behalf of the Chinese delegation, made an impoftant tement at the full committes on” November 16, de. claring: that ‘China .wishes to make her vast natural resources-available 10 all people who need them.' That atement- evidently - represents the v{ll!dom and foresight of: China. and the Japanese delegation is-eonfident that tne principle, . which. it enun- clated will be carried dut to its full 2% to be hoed tha “It is to be ho that, in the appli- cation of that principle, China pl':l’ be disposed to extend to foreigners, a: far as possible, the opportunity o co-operation in the devn?opment and utilization of China's natural re- sources. Any spontaneous declara- tion by China of her policy in that directipn will be received with much gratification by Japan and also, no lons interested in China. Resolwtions which have hitherto been adopted by this com- mittee have been uniformly guided by the spirit of self-denial and self- mrm::? on the part of foreign pow- ers in favor of China. The Japanese delegation trusts that China, on her {;ut. will not be unwilling to formu- derable benefit, no less to herself than to all nations.” The chairman asked whether it was desired - at that time to present reso- lutions .which might be_distributed on, the aubject of railways in China? hina China for Mutual Benef PROPOSE SPECIAL BOARD . TO CONSIDER - CUSTOMS Ablest Jurists Recommended as Members. Would Have No Effect on International Consortium According to Plans. like to introduce the following day or atthe next meeting, dealing with the question centering on the rail- ways in China. The very important question of the open door hud been dealt with that morning, 3nd from the door the ave- nueleading in was becoming more and more an avenue of railroads. It was, he believed, to the common inter- est of all countries that there should be equality of treatment for the trade and commerce of all nations upon these railways, so he ventured to bring before the committee the fol- lowing resolution, which in the first part takes the form of a statement by China and in the second part the form of an agreeing or adhering statement by, the other power: “The Chinede government declares that throughout the whole of the rail- ways in China it will not exercise or permit any discrimination whatever, direct or indirect, in respect of charges or of facilities on the ground of the nationality of passengers or the countries from which or to which they are proceeding, or the origin or ownership of goods or the country from which or to which they are con- signed, or the nationality or owner- ship of the ship or other means of conveying such passengers or goods before or after their transport on the Chinese railways. this conference take note of the above | presented for discussion after . | resolution proposed by Sir Auckland “The other powers represented at|(Geddes mas been deals with. declaration and make a correspond- | pg sented for discussion at the mext meeting. The chajrman added that it was manifest that the development of rail- ways in China was a subject most intimately and directly associated with the prosperity of the country, and that it might be possible that, in showing interest in the future devel- opment of China, the conference might desire to fndicate a general policy as to railway operation in the future. To bring the matter before the confer- ence, merely for the purpgse of indi- cating an attitude and point of view and general policy, he would present the following resolution for consid- eration: “The powers represented in this con- ference record their hope that to the utmost degrce consistant with legitl- mate existing rights, the future de- velopment of railways in China shall be so conducted as to enable the Chi- nese government to effect the unifica- tion of railways into a railway sys- tem under Chinese control, with such foreign financial and technical co- operation ps may prove necessary in the interests of that system Resolution to- Be Circulated. The chairman then stated that the resolution would be circulated and the Baron Shidehara asked whether proposal might be considered later ing declaration in respect of any of | jf the Chinese delegation were not te a policy which will prove of con- (P! . Besslullon to Re Introduced. . TR the aforesald raflways over which| they or their nationals are In a posi- | of any concession, or otherwise. “Any question arising under this [ be full opportunity for the Chinese declaration may be referred by the | Gelegation at a repared to discuss it that day. THR chairman said that he presumed tion to exercise any control in virtue|that the matter presented by Baron special agreement | Shidehgra would be regarded as be- fore the committee, that there would another meeting to powers concerned to the board of ref- | present views upon the question, and erence, when esti eration and report No Discrimination. shed, for consid- | sideration | could be discussed by the Japanese that the question, which was a very important one, would have full con- by the committee and Sir Auckland Geddes continued that | delegates und others as might be he would like to add two or three| desired. ¥ The committee then adjourned un- words, to say that he was aware that | j|" the following morning, January it was the exieting practice of the! 19, at 11 o'clock. Chinese government not te exercise or permit any discrimination on the railways under their control, and-that he thouglt that it was the best pracs, tice of railway policy in all the coun- tries. delegation would move the resolution on_the following day. The chairman sald that the resol | .ion would be circuiated and pre- Expressing- the belief that a library may be a large factor in the educa- tion of the pupils of the public schools. the board ‘of &lucation yesterday aft ernoon approved the establithment o branch llbraries in the schools. Thi plan for the extension of the library service was originally conceived by he Public Library, ago. A A comprehensive report outlining the procedure in the institution of branch librarfes, prepared by Supt. allou after a series of conferences vith Dr. Bowerman, accepted as an expression of the board’s policy. and will be forwarded to the board of trustees of the Public Library. Branch Library System. The report pointed out that the board of library trustees desires’to render service not only in and from the central library, but also through a system of branch libraries, ing separate branch libraries, sub- branches and stations in the public schools. Separate branch libraries| are proposed, according to the re port, approximately, as follows: Takoma Park branch (already es- tablished); southeastern branch, 7th and D streets southeast (to be erected immediately); Columbia . He:ghl:«. street: Columbia road_n 16th southwestern, H and 4% streets southwest (problematical — branch in the Jefferson Junior High School may serve need): northeastern, 7Tth and H streets northeast; Gegrgetown. Wisconsin avenue and P street, and | Dupont Circle. ‘ Bprlnch libraries in public schools are proposed of three types: ten brinches’ (seven to twelve hours of daily swervice); nine subbranches (twenty-one hours or more weekly service), and eight stations (four hours or more weekly service), to b located approximately as follow Congress Heights (subbranch); Van Buren, branch (unless junior high school is provided in ~Anacostia); Birney, station; Benning. Station: Deanwood, station: Junior High School & (old Eastern High School), sub- branch problematical, to serve school only; New Eastern High School, branch: Ludlow, branch (temporary): Blow, station problematical (if school becomés colored); Crummell, station (if required by growth in population) Burroughs, subbranch, and Brook land, subbranch (altermating service with Brookland: if Junior High | School is located in this district & branch would replace these two sub- branches); Eckington Junior High School, branch: Shaw Junior High School, branch; Columbia Junior High School, subbranch, (to serve school only): Junior High School in the i vicinity of Phelps, Garnet and Patter- son, branch; lowa Avenue Junior High School. branch; Powell Junior High School, subbrench (to -serve community until Mount Pleasant branch_is erected; then school only); E. V. Brown, branch; Reno, station; Tenley and Eaton, subbranches (al- ternating service with Eaton); Hyde, | branch (témporary, until Georgetown ‘pranch is erected): Stevens, branch; Grant, station; Jefferson Junior Hi School, subbranch (to serve sout! west, white community, until demand justifies_erection of branch in sepa- rate building, then school only), and Randall-Cardoga, station (to serve southwest colored population until southwestern branch is erected). Favors Assisting Trustees. In outlining its policy the board, the report stated, “desires to co- operate With every department or agency of the mnnlcl?ll government in the furtherance of its plans. As citizens of the Dfstrict, interested in its general improvement, the board of education would naturally look with favor on assisting the library trustees in the development of a com rehensive plan for extending library ities. g boara of education is also di- rectly concerned with the develop- ment of such increaskd library facili- ties because of the direct service which they will der the public tom u- | gelino; | Dr. George F. Bowerman, librarian of , ¢ about ten years|li€y leave school. bul also the sup- The subcommittee on far eastern railways constituted at today's meeting is composed of: For_the Unitel States of America, Mr. D. C. Peole; for Belgium., Mr. { Lewnaire de Warzee; for the British empire, Mr. M. W. Lampson; for He then stated that, with the per-iChina, Dr. Hawkling Yen: for France, inission of the chairman, the British | M. Kammerer; for Italy, Count Emilio r'agliano; for Japan, Mr. Matsudaira; for The Netherlands, Mr. de Kat An- for Portugal, Capt. E. de Vasconcellos. . EDUCATION BOARD APPROVES BRANCH LIBRARIES IN SCHOOLS Will Ce-Operate With B.oard of Library Trustees in Extending Facilities for USC Of BOOkS.'; its bellef that a library may be a lur factor in the education of the pupil of the public schools. “The board of library trustees, hav- ing the direction of the Public Li- ¢! brary, which the acts of (ongress creating it declar= to be a ‘supplement of the public educational system’ of the District. conceives the functions of the Public Library to include mot only the supplying of educatioual 3 es to the entire populition [ plving of books. pamnklets magazines | | | i | | school children. The board of educa- Ao ecation ot the. gupioes. wfl g mn::nlllnrlel \nfimuv of and pictures and skille.l help in the s$election and judicivus uke of such material to the entire schsol popu- irtion” ; Procedure of Board. The procedure df the board in the es- tab'ishment of branch libraries will be as follows: 1. *“When the board plans a new building, or the enlarzement of an old building, it shall consider the desirabil- ity of making provision for a school branch library. Its canclusion could be baced upon the location of the new school building in refation to the pro- includ- | Bram for branch librasies in schoo!s pro- | posed by the library trustees. 2. “If’ she board decides to include provision for school branch library, the board shall indicate to the library trus- tees the location, sige- of rooms and other propoged facllities for such advice and suggestions as the library trustees may care to offer. If, the board of ed- ucation decldes not to’ include provision for a school bfanch library the board shall o inform the library tmustees. 3. “Nothing indicated under 1 and 2 above shall be understood as pre- cluding the expectation . that either board may at any time invite the at- tention of the other board to: the con- sideration of any subjact jn connection with the establishment branch 1i- braries in the schools. 4. “Plans for the permanent equip- ment of the room shall be prepared as are other plans for schools, and, in addition, -after consultation with the | public 1brartan.” Provisions for Eguipment. Equipment of branch Mbraries in the schools will be made as follows: 1. “The board -of education shall provide for all physical equipment for the library which is a permanent part of the room, such as built- shelves. closets, tollet fll:!lil(!!, cloakrooms, ete. 2. “The board of library trustees chall furnish and be responsible for all movable equipment, such as tables, chairs, desks, map and periddical cases. < 3. “The board- of library trystees shall also furnish and be responsible for all books, pamphlets, perigdicals. maps, -technicdl libra; supplies, in- cluding typewriters, when needed.” Maintenance of Bramch ‘The maintenance of the libraries in the schools will follows: 1. “The board of education shall fur- nish and pay for heat, light, roup. towels, janitor sérvice and telephone service for the branch librartes in the schiools. Such janitor “service shall cover days when schools are not in session, and be pald for in aceordance with regulations to de established by board of education, governing such + branch be as serice. | : 2. “The board of library trustees, . shall furnish and pay for -1l ‘profee- sional library service in the branch school libraries, including transporta- tion of books and all library supplies Administration Plans. The administration of the branch., libraries in the schools will be as follows: 1. “In all matters concerning the professional conduct of the branch school, libraries the library staff shall be consideted a part of the staff . of the public library and all appoint- ments and transfers shall be mad by the public librarian. 2.. “In all matters concerning the* heating, ventilating, care of rooms, and, in general, the physical side of. the school organization the principle of the: school shall have the same jurisdiction over the librarian of the® ranch library t she has over teachers in the above matters. The re- - lation of the library staff to the;s Janitor shall ga"zlhn th the prig. -~ - cenady