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Sir John Jordan being away, I venture to bring this matter to your Excellency's notice and to beg that you will kindly cause telegraphic enquiries to be made of the Russian authorities in Harbin as to the truth of the report as it has reached me, adding that if the facts are as stated, His Majesty's Legation must protest against such a violation of the treaty rights of British subjects in China.
I have, &c.
Inclosure 2 in No. 1.
W. G. MAX MÜLLER.
Russian Chargé d'Affaires to Mr. Mox Müller,
M. le Chargé d'Affaires et cher Collègue,
Le 18 août, 1909. AYANT reçu votre communication en date du 12 août courant en l'absence de M. Korostovetz, je n'ai pas manqué de demander par télégraphe le gérant de notre consulat à Harbine de me douner des renseignements précis sur l'incident mentionné dans votre communication.
Le gérant du consulat général me télégraphie que la police russe est entrée dans le magasin du sujet anglais Craig and Co., ayant pour but de saisir quelques objets appartenant à un sujet autrichien et déposés par un nommé Sidoroff, sujet russe en service chez Messrs. Craig and Co., dans le magasin susmentionné.
En apprenant cet incident le gérant de notre consulat général s'est mis en rapport avec le consul britannique à Moukden, et l'affaire parait être terminée à l'amiable après des pourparlers entre ces deux fonctionnaires.
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Inclosure 4 in No. 1.
Acting Consul-General Willis to Prince Mestchersky.
Sir and dear Colleague,
Mukden, August 13, 1909. I RECEIVED a telegram on the evening of the 11th instant from the agent of Messrs. Craig and Co., a British firm established at Harbin, to the effect that the Russian police authorities at the instance of an Austrian subject, without any process of law, had taken possession of their warehouse. They were thus prevented from delivering goods sold and continuing business, to the serious detriment of their credit.
I telegraphed to you yesterday protesting, provided the facts were as stated, against such action by the police authorities.
Both General Horwath and yourself have stated to me that the Russian Govern- ment never had any intention of claiming jurisdiction over the subjects of the other treaty Powers in the railway territory; I am at a loss, therefore, to understand the action of the police, which seems to me, from the facts at present before me, to conflict with any principle of law or treaty with which I am acquainted.
I feel constrained, therefore, to confirm my telegraphic protest, and to state that I must hold the police authorities responsible for any loss or damage caused to Messrs. Craig and Co. by their unwarrantable action.
I have, &c.
ROBERT WILLIS.
(No. 29.) Sir,
Inclosure 3 in No. 1.
Veuillez, &c.
D. ABRIKOSSOV,
Acting Consul-General Willis to Sir J. Jordan.
Mukden, August 13, 1909. WITH reference to your telegram No. 6 of the 12th instant and my reply of to-day's date, I have the honour to report as follows :---
Messrs. Craig and Co.'s agent at Harbin telegraphed to me on the evening of the 11th instant to the effect that their warehouse had been taken possession of by the Russian police authorities at the instance of an Austrian subject without any process of law. The firm were thus prevented from delivering goods already sold and continuing business and their credit, the agent alleged, was being seriously damaged.
I telegraphed in reply on the morning of the 12th advising the firm to complain against the action of the police authorities at the Russian consulate-general, and at the same time I telegraplied to Prince Mestchersky, who is temporarily in charge, General Horwath being on leave, protesting, provided the facts were as stated, against the action of the police.
This morning I received a further telegram from Messrs. Craig's agent informing me that on the evening of the 12th the police authorities had offered to return the keys of the warehouse, but that no explanation of their action had been given him. The offer of the keys had been refused by Messrs. Craig and Co. pending reference to me, but as I did not see how the case could be compromised by their acceptance of the offer, I telegraphed to the firm in this sense.
I have also confirmed my telegraphic protest to the Russian consul-general in a letter, copy of which I have the honour to enclose.
I have, &c.
ROBERT WILLIS.
(No. 30.) Sir,
Inclosure 5 in No. 1.
Acting Consul-General Willis to Sir J. Jordan,
Mukden, August 14, 1909. IN continuation of my immediately preceding despatch with reference to the case of Messrs. Craig and Co. at Harbin, I have the honour to state that yesterday evening I received a telegram from Prince Mestchersky, the acting Russian consul- general at Harbin, to the following effect --
The keys of the warehouse in question had been taken care of by the Russiau police in consequence of a quarrel between Craig and Co.'s representative, a Russian subject named Klementasky, and one Oettinger, an Austrian, the father of Craig and Co.'s former agent, now deceased.
Both these gentlemen were in possession of a key of the warehouse, and according to Oettinger's statement Klementasky opened the warehouse intending to take away effects belonging to Oettinger.
After the misunderstanding had been cleared up the keys were offered to Klementasky, who refused to receive them except through the hands of the British consul. The keys were now at the Russian consulate-general and Prince Mestchersky suggested that I should instruct Klementasky to accept the keys.
I telegraphed in reply that I had already advised Craig and Co.'s agent to receive the keys, and added that, in my opinion, the proper course would have been for Oettinger to have sued Klementasky personally in the matter.
If the facts are as represented by Prince Mestchersky, it appears to me, considering that Klementasky is a Russian subject and that the Austrian Oettinger had apparently the right of entry into the godown, that the action of the police cannot be considered altogether indefensible, and I do not therefore propose to take any further steps in the matter pending instructions.
I have, &c.
ROBERT WILLIS,
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