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From the recent action of the Japanese Consul-General here, it is evident that he intends to continue to support the Railway Company in its pretensions.
I have, &c.
Sir,
(Signed)
FRED. D. FISHER, American Consul,
Inclosure 2 in No. 1.
Mr. Fisher to Mr. Rockhill.
American Consulate, Harbin, Manchuria, January 30, 1909. WITH reference to my despatch dated the 16th instant, on the subject of the Municipal Administration for Harbin, I have the honour to report that the Taotai of Harbin called upon me to-day, and informed me that there were indications that the Russian authorities here intended to disregard the provisional arrangement that had been made pending the diplomatic adjustment of the question at Peking, and were preparing to enforce the Railway Company's scheme of administration, a copy of which was sent you with my despatch dated the 20th December, 1907. In this matter, the Taotai's beliefs appear to be borne out by recent announcements in the "Harbinsky Vestnik," the organ of the Eastern Chinese Railway Company, copies, with translation, of which are herewith inclosed. It will be noticed that the "Obligatory Regulations," which are signed by General Horvat as Manager of the Railway Company, are intended to apply to all residents of Harbin and the Settlements along the line of the railway. With regard to the announcement of the so-called Town Council, the Taotai has informed me that the Chinese residents have received notice that they must pay the tax within three days, or their establishments will be closed. Also, in this connection, I have the honour to inform you that the "Harbinsky Vestnik," in its issue of the 28th instant, contained a publication a translation of which is as follows:---
"IN REGARD TO THE ASSESSMENT FOR QUARTERS.
"In connection with the bringing in of the assessment for quarters at Harbin, we are publishing herewith some extracts from 'The Regulations in regard to the Imperial Assessments for Quarters.'
"Russian subjects and foreigners occupying living quarters, whether their own houses, or reuted, or furnished them free of charge, are liable for the payment of the stated taxes.
"The following are exempt from the payment of the stated assessments: (1) The clergy of any Christian religion; (2) Consulates-General, Vice Consulates, and Consular Agents, being subjects of the Powers from which they are appointed, providing that with such Power has been concluded by Russia a Convention regarding the Consular rights, or if those Powers accord such rights to Russian Consuls; (3) the staff and subordinate officers, and civil officers not higher than the fourth rank, who belong to the line and are serving in the military and naval detachments, providing the cost of the quarters they are occupying belong, in towns and villages of the first, second, third, and fourth classes, to the first six categories, and in villages of the fifth class, to the first nine categories; and (4) staff and subordinate officers of a detached body of the Frontier Guard, also junior doctors and veterinary surgeons attached to special brigades and departments of that Guard.
"In submitting declarations and complaints regarding errors in the deter- mination of assessments, or regarding the assessment according to the cost of new quarters, the payment of the assessment will not be delayed. From persons who are receiving salaries for their services in the Imperial Government, or with public or incorporated institutions, the assessment for quarters will be deducted from their salaries in two payments, on the 1st May and on the 1st September."
The Railway Company bases its right to collect these taxes, in the name of the so- called Town Council, upon the last clause of Article 5 of its Lease Agreement with the land-holders, a copy, with translation, of which was forwarded to the Legation with my despatch dated the 8th June, 1907. However, an investigation of the leases for the land held by the Chinese has shown that the last clause of that Article was not included, ..,
and also shall pay all the taxes or duties brought in on the
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territory belonging to the Eastern Chinese Railway Company." Their leases also show Article 13 to read as follows:---
13. All misunderstandings that might arise between the parties to this Agree- ment regarding its execution shall be liable to litigation, in accordance with the statutes of justice, before the chief of the Kirin Bureau."
If the Railway Company succeeds in carrying out its intentions, China's opening of Harbin will be completely nullified. The imposition of such taxes against foreign residents here is directly opposed to Treaty rights; while on the other hand the assessment of Chinese merchants who are handling, for instance, American goods means a burden upon those goods for the benefit of Russian schools, churches, theatres, and other institutions in which neither American citizens nor American goods have any part, and is, therefore, plainly a violation of the Treaty which guarantees equal trade opportunities. Nevertheless it is no doubt the intention of the Railway Company to install the Municipal Administration without delay, and it will succeed in doing so, unless some effective resistance in addition to what the Chinese authorities here can offer is brought to bear upon the situation.
(Translation.)
I have, &c.
(Signed)
FRED. D. FISHER, American Consul.
Inclosure 3 in No. 1.
Obligatory Regulations.-No. 12.
EVERY property owner and lessee, or their representatives, also keepers of hotels, furnished rooms, inns, and other different establishments in Harbin and the villages on the alienated line of the Eastern Chinese Railway, are obliged to keep special determined books for registration.
Note. Railway clerks and all other persons in general who are receiving quarters from their employers are classed the same as lessees. If any one house has three or more apartments, each apartment shall keep separately such books for registration. In houses in which is arranged general boarding with rooms for the occupants the register shall be kept by a certain man designated by the are living in the house.
persons
who
2. Every person mentioned above shall receive a book for registration with the signature and seal of the proper officer, which book shall be kept at the respective home. In Harbin the book shall be received from the police officer of the respective district; and along the line within the alienated territory of the Eastern Chinese Railway, from the chiefs of the police branches or their assistants,
3. Proper entry shall be made in the said register regarding all residents, persons stopping temporarily in private houses, hotels, and other different establishments; such entry shall include all changes that occur, as, for instance, when new-comers or other persous shall depart, a corresponding note shall be immediately made in the register, and the police office shall be notified within twenty-four hours, in accord- ance with the requirement shown in paragraph 4 below.
The police office shall also be immediately notified (1) regarding births and deaths; (2) regarding all extraordinary happenings, no matter of what nature; and (3) regarding property left in any house by persons who die, or run away or disappear without leaving any trace of their whereabouts.
4. In notifying the police office regarding the arrival or departure of persons, it will be necessary to present two separate descriptive lists for all persons over
15 years of age; for arrivals the list shall be on white paper, and for departures on
yellow paper. (These lists should be received in accordance with the order mentioned above, together with the registers.)
Note.---Persons who are not 15 years of age shall be written in the list of their parents, and in that of the persons with whom they stop.
5. One rouble shall be paid for each register received, and 3 copecks for each descriptive list.
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