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a perfectly fair and just arrangement, But if hereafter they should make any unreasonable claim we will stand firm, conscious of the justice of our claim.
We have purchased sufficient land to sink shafts at the proposed place, without encroaching on the land originally purchased by the Kaiping Company, so that each party can have the use of his own property without fear of let or hindrance on the part of the other.
The above are the facts, showing how we have settled the boundaries of the mine without interfering with the Kaiping Company.
To sum up, mining rights and rights of ownership of land are two distinct things, Any one may purchase land, but any one may not indiscriminately open a mine. This law holds good both in China and in foreign countries. The Kaiping have no mining rights outside the 10-4 limit from Tongshan, and therefore, no matter who may be the owner of the land, they have no right to open mines without the permission of the local authorities and a permit obtained through them from the Board of Commerce. This would also have held good had the Kaiping Company remained in Chinese hands up to the present time. How then can the Company possibly assert that they have the right to open mines in places beyond the limits of the mining area originally purchased by them, and on land their title to which has never been recognized by the Chinese Goveri. ment, because no proper transfer has ever been made and because the change of ownership has never been reported to or recorded in the "Land Register" of the local authorities?
I, the Commissioner Chou Hsueh Hsi, was for many years Director-General of the Kaiping Company, and therefore, being well acquainted with all the facts, am able to make this detailed statement. Fearing that in time to come there may be no one who fully knows the ins and outs of the case, I now set them out here in minute detail, and pray that your Excellency will, in the public interest, place the same upon record, and will order the Mining Bureau and the Luanchow Magistrate to do likewise.
We respectfully present this petition, and, with prayers for your Excellency's welfare, beg that you will be pleased to give the matter your attention.
Rescript by Viceroy Yuan.
I have considered this Memorial, and approve the scheme for opening coal mines at Luanebow and the Regulations for raising share capital. The matter will be reported to the Throne, and communicated to the high officials concerned for the purpose of being placed on record. The petitioners point out that this mine is intended to provide coal for Government purposes, and thus differs from other mines. They request that the limit of area allowed for mines be extended in this case. This request is granted, but other mines may not use this as a precedent.
In their further Petition they point out that the boundaries of this mine pass through Paitantzu and other places, but that this does not in any way affect the mining rights of the Kaiping Company. I approve of this being placed upon record, and the Mining Bureau and the Luanchow Magistrate will likewise be ordered to place these facts upon record,
The plan and Memorial are to be filed, and this Rescript handed back to the petitioners.
Inclosure 4 in No. 1.
Extract from the "Peking and Tien-tsin Times" of June 20, 1907.
THE following are the Rules and Regulations submitted by the Tien-tsin Bank and approved by his Excellency Viceroy Yuan, in connection with the Peiyang-Luanchow Coal Mining Company (Limited) :—
1. This coal mine is situated in the district of Luanchow, and is to be worked under the title of the Peiyang-Luanchow Coal Mining Company (Limited). Plans and Memoranda are to be submitted through the Viceroy to the Board of Agriculture, Industry, and Commerce for record, and in order to ebtain the mining permit.
2. A wooden scal is to be engraved by order of the Viceroy, and authorized for use on documents, share scrips, receipts, &c., with the characters of the title of the Company affixed with the words "kuanfang" or seal.
later on.
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the east,
3. The boundaries of the mining area are from Fankochuang on westward to Wushuichuang, Paitaotzu, Shihfoussu, Yangtzuling, Chenchiachuang, Machiakon, and Panpitien. To the north is the mountain range, while on the south are the Kaiping, Wali, and Kuych railway stations, besides Palichuang, Yaug Chiakao, and Yuchiachuang-an area in all of 40 i from east to west, and 18 ti from north to south. It is proposed to begin working at Machiakou, and with an extension in view As this mine is for the convenience of coal supply to the Peiyang Govern- ment, it is entitled to a larger area than that of 30 h specified in the Mining Regulations of the Board, and this must not be claimed as precedent by any other mine. A Proclamation will be issued by the local officials prohibiting other people from working mines in the area described.
A sum of 4. The mine occupies a large area, and is very rich in coal. 2,000,000 tacls will be raised in the form of 20,000 shares at 100 taels cach to start the work, 50 taels being paid on registration, the balance to be paid after six months for the exchange of share scrip. Six per cent. interest will be declared from the date of receipt of payment, and profit will be allotted according to Rule 11 when the output of coal permits.
5. The object of opening this mine is to develop Chinese trade and the supply of coal to the Peiyang Government. No shares will be sold to foreigners. The name. provinec, and address of the shareholders must be given in detail, so that constant communication may be possible with the Company. If foreigners take up shares secretly through Chinese, their claims will not be recognized by the Company, and any transfer of shares to foreigners will be cancelled in order to avoid trouble.
6. The Tien-tsin Bank will arrange for the advance of money, and undertake for the time being the purchase of land, plant, the erection of buildings, and the sinking of shafts. Monthly interest will be granted on the sum thus advanced, repayment to be made soon after the shares are fully taken up.
7. A Superintendent will be appointed at the mine to manage affairs under the direction of the Bank, The engineers and other members of the staff shall be recom- mended by the Superintendent for approval.
8. A Director-General, two Directors, and four Vice-Directors are to be elected from among the shareholders. The Director-General and Directors are to attend the office regularly, seeing to the accounts and all affairs in connection with the manage- ment, while the Vice-Directors need not be present unless special meetings are called The term of office will be for. They may be promoted Director if there is a vacancy.
Two of the old five years for the first term and three years for subsequent terms. Directors must remain on the Board when the change is made at the end of the first term. Salaries will only be granted to the Director-General and Directors, but travelling expenses will be granted to Vice-Directors when summoned to meetings.
9. This Company will be run as a purely commercial concern, and all official red tape must be done away with. The employés will be employed in accordance with commercial rules, and no friendship or partiality must be exercised in the management. The men must be paid according to their ability and work, and no advance in salary or expenses for entertainment will be granted.
10. A day-book must be kept for recording the daily output and sale of coal, and current accounts. Monthly and annual returns will be published and distributed among the shareholders. Persons who hold upward of 200 shares may appoint repre- sentatives to inspect the accounts.
11. Twelve months after the beginning of an actual output of coal, the profit obtained will be disposed of in the following manner: After deducting 6 per cent. interest on the share capital, the balance will be divided into ten parts, one-tenth bonus to staff, two-tenthis reserve, two-tenths royalty, and five-tenths dividend to shareholders.
12. The duty shall be similar to that granted to the Chinese Engineering and Mining Company, for which Imperial sanction will be obtained and be duly noted on the official record.
13. Special Regulations must be drawn up for the control of the labourers at the mine. In case of violation of the rules, small cases may be settled by the Mining Office, while serious cases must be handed to the local authorities for punishment. Pensions in case of accidents will be granted according to the rules in force in the Chinese Engineering and Mining Company.
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