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CHINA

ASIA

the southern border of Hunan, where it will connect with the Kwangtung Railway now being constructed by the Chinese; (3) the construction, under a German chief engineer, of a main line of 400 miles in Hupeh Province from Ichang on the Yangtsze through Chingmenchau and Siangyang to Kuangshui, on the Peking-Hankau Railway; (4) the construction, under an American chief engineer, of a main line of 200 miles in Hupeh Province from Ichang to the border of Szechuan Province.

Constitutional Government.-The Chinese National Assembly, which began its sessions Oct. 3, 1910, was dissolved on Jan. 11, after a career marked by frequent clashes with the throne and the Grand Council. Its work, however, was surprisingly good. Its members displayed almost all the qualities which make parliamentary government a success, and in recognition of its efficiency, the Regent advanced the date of summoning a general parliament to the summer of 1913. Later in January the Regent promised a responsible Cabinet during 1911, and the conversion of the Grand Council into an advisory council. On May 8 an Imperial edict abolished the Grand Council and substituted for it a constitutional Cabinet of 13 members, headed by Prince Ching. Premier and Minister of Foreign Affairs. Two assistant Premiers were provided for and the remaining members were the heads of the ten government depart-ton, but Chengtu. The attitude of

ments.

Foreign Loans.-Two loans, participated in by an American syndicate, the Hong-Kong and Shanghai Bank, the Deutsch-Asiatische Bank, and the Banque de l'Indo-Chine, were negotiated early in the year. The first, signed April 15, provided $50,000,000 for the reform and unification of the currency system and the development of various enterprises in the three Manchurian provinces. On May 20, the second loan agreement was signed, providing $30,000,000 for the construction of new railways. The contract covered the construction of 1,200 miles of line in the wealthy provinces of the Yangtsze Valley. The principal provisions were: (1) the redemption of the unredeemed gold bonds, amounting to about £500,000, issued by original American concessionnaires of the Canton-Hankau Railway; (2) the construction, under a British chief engineer, of a main line of 600 miles from Wuchang, the capital of Hupeh Province, through Chansha, the capital of Hunan Province, to

The Revolution.-The general revolutionary movement of the last months of 1911 was presaged by the riots which occurred in Canton in the last days of April and produced such sympathetic responses in other cities as to indicate a wide revolutionary organization. The famine in the south and the plague in the north inspired this revolt, which, by the middle of May, had reached quite serious proportions. The cradle of the revolution, however, was not Can

the people of Szechuan province to-
ward the government's railway
policy, particularly the provisions of
the railway loan agreement which
turned over to Americans a line al-
ready begun by a provincial company
with headquarters at Chengtu, was
causing the government a good deal
of concern as early as the first of
September. The inhabitants of
Chengtu employed principally passive
resistance, but in other parts of the
province rioting was frequent. From
Chengtu the agitation spread to
Wuchang, and it was the mutiny of
the troops in this city on Oct. 10, ac-
companying a popular revolutionary
outbreak, that introduced the gen-
eral movement of revolt.
By this
time the revolution had lost its local
significance and was directed against
the Manchu dynasty. Oct 12, the
cities Hankau and Hanyang were oc-
cupied by the rebels, the government
arsenal and mint at Hanyang yield-
ing large quantities of arms and
money. With the three principal
cities of Hunan and Hupeh provinces
in the hands of the revolutionists,

at Shanghai in which Wu Ting Fang, former minister to the United States, accepted the portfolio of foreign affairs.

Yuan Shih-kai was recalled from his retirement on Oct. 14, and appointed Viceroy of Hunan and Hupeh, a post which he accepted on Oct. 18 after insisting on a number of conditions. In the meantime Kiukiang had become a rebel stronghold (Oct. 17), and the rebels were successfully repulsing the attempts of the Imperial troops to recapture Hankau. From this date the fall of minor cities in the Yangtsze Valley was reported al-zers with the revolution, and the anmost daily.

On Oct. 22 the second session of the National Assembly was opened at Peking. One of its first acts was to impeach Sheng-Hsuan-Huai, Minister of Posts and Communications, who had been largely instrumental in negotiating the railway loan. His dismissal on Oct. 26, was the first intimation of the throne's surrender. The National Assembly on Oct. 24 demanded the granting of a number of reforms, including the immediate establishment of a parliament, and the proclamation of amnesty to the rebels surrendering in view of these reforms. By an edict of Oct. 30, the baby Emperor Pu Yi acknowledged the defects of his government and promised the reforms demanded. On the same day Yuan Shih-kai, who had been given supreme command of the army and navy on Oct. 28, was offered the premiership of China.

These concessions, however, were not enough for the revolutionists, whom continued success encouraged to seek far greater changes than those first demanded. Late in October a republic was proclaimed, with Gen. Li Yuan Heng, commander-in-chief of the revolutionists, "President of the Republic of China." The National Assembly thereupon redoubled its efforts to obtain conciliatory reforms. On Nov. 3 the Emperor accepted the draft of a new constitution, limiting the power of the throne and giving Parliament control of the budget. The same day the rebels occupied Shanghai, and two days later Suchow. The fall of Fuchau and Canton immediately following placed the whole of Central China, with the exception of Nanking and Hankau, which had been retaken by the Imperial troops Nov. 1, under rebel control. On Nov. the revolutionists formed a cabinet

Yuan Shih-kai's acceptance of the premiership was still in doubt. Nov. 8 he was formally appointed by the National Assembly, and on the 13th he arrived in Peking. Three days later his cabinet was appointed. It contained several avowed sympathi

nouncement gave little encouragement to hope for the restoration of peace. Meanwhile the rebel successes had continued, several more provinces joining the revolution. Hankau had been almost totally destroyed by fire early in the month, and Nanking, the last Imperial stronghold in central China, was in a state of siege. Here occurred (Nov. 10) the first massacre of the revolution, the Manchu troops in blind fear and rage butchering men, women and children suspected of revolutionary sympathies. The capture of Nanking on Nov. 29 was the climax of the revolution. The day before Wuchang had been evacuated by the revolutionists; the day following a three-day truce requested by Li Yuan Lung, the rebel leader at Hankau, was granted by Yuan Shihkai. On Dec. 4 the armistice was extended for 15 days.

An important obstacle to compromise was removed Dec. 6, when Prince Chun, the Regent, resigned, accepting all the blame for the revolutionary upheaval. The edict in which the Empress-Dowager accepted his resignation affirmed that hereafter all responsibility for political affairs is entrusted to the Premier and cabinet. The guardianship of the Emperor was vested jointly in Shih Hsu, a Manchu, and Hsu Shih Chang, a Chinese. With the elimination of the Manchu princes from supreme authority, the feeling of the revolutionists against the throne seemed to moderate, and they displayed a disposition to compromise. Informal negotiations were begun, on the Imperial side by Tang Shao-Yi, Minister of Communications in the new Cabinet, whose revolutionary sympathies were pronounced, with Gen. Li Yuen Heng, at Hankau. On Dec. 18 the peace conferences were transferred

Sun Yat Sen, whose efforts to obtain financial support for the revolutionists brought him into prominence in both Europe and America during the early summer, arrived at Shanghai Dec. 25. Though he has taken no active part in the hostilities, his long and patient efforts to unite the Chinese against the Manchu dynasty have made him one of the most interesting figures of the revolution. On Dec. 29 the provisional republican convention assembled Nanking elected him president of the republic, but this action of an unofficial body was expected to have no little influence on the final settlement of the revolution.

at

to Shanghai, Tang Shao-Yi represent- | republic is made. The edict calling ing the Premier and Wu Ting Fang the convention was issued Dec. 28, the revolutionists. The first act of and it was expected that announcethe conferees was to make the armis- ment of the abdication of the Emtice effective and to provide for its press Dowager and the Emperor extension to Dec. 30. On Dec. 20 the would be delayed only a few days. representatives of the United States, The following day the secession of Great Britain, Japan, Germany, Mongolia and the proclamation of the France and Russia presented an iden- Kutuktu as Khan foreshadowed the tical note to Wu Ting Fang and Tang dissolution of the Empire. Shao-Yi expressing the good will of their governments and the hope that the peace conference would bring the revolution to a close. Neither delegate came to the conference with any definite plan of compromise. Wu Ting Fang pressed the demands of the revolutionists for the establishment of a republic, and won expressions of sympathy from Tang ShaoYi. The conference was interrupted at this point while Tang Shao-Yi communicated with Peking. On Dec. 21, Yuan Shi-kai declared without qualification that he declined to accept a republic. His uncompromising attitude was no doubt inspired by the expectation that foreign assistance, both physical and financial, would be available for the support of the monarchical form of government. Very soon, however, it became apparent that while the powers had taken very complete precautions for the protection of the lives and property of their citizens, their active aid could not be counted on to preserve the Manchu dynasty. Yuan Shih-kai then secured the consent of the Manchu princes to refer the decision as to China's future form of government to a national convention, and this proposal, offered by Tang Shao-Yi on Dec. 26 was accepted without hesitation by Wu Ting Fang. The armistice was extended on Dec. 29 pending the decision of the convention, the terms of the agreement involving the evacuation by the Imperial troops of all their strongest positions. It was considered at the end of the year that the calling of the convention was merely a formality, designed by Yuan Shih-kai, in despair of preserving the monarchy, to obtain assurances as to the future treatment of the Imperial clan and the Manchu people, and to avoid an outbreak in Peking when the final announcement of the establishment of the inevitable

It is a con

The New Opium Agreement.-On May 8 a new opium agreement between England and China was signed at Peking, which apparently insures the extinction of the opium traffic in at most seven years. tinuation of the agreement signed in 1907, which expired in 1910. By the new agreement England agrees that no opium shall be conveyed from India to any province in China which has effectively suppressed the cultivation of the poppy, and that the entire export shall cease in less than seven years if proof is given that in the meanwhile the production has ceased in China. The ports of Canton and Shanghai are to be the last closed to imports. Other provisions relate to administrative details, including official inspection in each country. Great Britain consents also to an increase of duty to 350 taels a chest on imports, provided that an equivalent excise tax be placed on domestic opium in China.

JAPAN

Finance.-In the financial 1910-11, Japan's tax system wa adjusted with a view to the recup

tion of the economic powers of the nation and, at the same time, to remove any inequality in the incidence of taxes. An adjustment of the various administrative departments was carried out by which the conduct of official business was simplified and expedited. Staffs of government officials were reduced, while salaries were increased about 25 per cent. The government also formed the plan of converting its 5 per cent. loans into 4 per cent. bonds and increased the provision for the redemption of war loans.

three years, the financial affairs of Persia. The appointees were W. Morgan Shuster, treasurer-general; Frank E. Cairns, director of taxation; C. L. McCaskey, inspector of provin cial revenues; R. W. Halls, in charge of all auditing and accounting; and Bruce G. Dickey, inspector of taxation. In June Mr. Shuster's commission was defined by the Mejliss as "absolute control over every department of finance, including the collection and distribution of all revenues in the custody of the Treasury." Mr. Shuster brought to his task both For the year 1910-11 the ordinary ability and energy, but it was not revenue was estimated at £49,861,- long before his administration of the 096, and the extraordinary revenue at finances led Persia into a dispute £4,866,331, a total of £54,727,427. with Russia. (See V, International The ordinary expenditure was esti- Relations). Russia alleged that the mated at £42,782,226, and the ex- treatment of Russian consular oftraordinary expenditure at £11,945,- ficials by Mr. Shuster in the matter 200, making a total of £54,727,426. of confiscating the property of ShuaThe New Ministry.-Notwithstand-es-Sultaneh, the rebel brother of the ing his administrative and financial ex-Shah, constituted an insult to reforms, Count Katsura was not able Russia, for which Mr. Shuster's disto check the steady increase of taxes. missal was demanded in an ultimaHis failure to keep his promises that tum transmitted to the Persian govtaxes should not be increased led to ernment on Nov. 29. Popular feeling the resignation of the Katsura min- in Persia favored resistance to Rusistry on Aug. 25. Early in Septem- sia's demands, and during the early ber a new cabinet was formed by weeks of December, the Mejliss reMarquis Saionji. Pending the return fused to consider the Cabinet's recto Japan of Viscount Uchida, whose ommendation of surrender. Russia, term at Washington expired in Sep- meanwhile, concentrated a considertember, the portfolio of foreign af- able body of troops at Kasbin, withfairs was temporarily assumed by in striking distance of Teheran, and Count Hayashi, who is now Minis-on Dec. 21, a second ultimatum ter of Communications. Dr. Yama-threatened an immediate advance on moto, ex-Governor of the Bank of the capital at the end of 24 hours if Japan, became Minister of Finance. The other members of the cabinet are Gen. Ishimoto (war), Baron Saito (navy), Hara (home affairs), Makino (agriculture and commerce), Matsuda (justice), and Haseba (education).

PERSIA

Russia's demands were not complied with. The Mejliss then authorized the Cabinet to deal with the ultima tum, and the following day the tension was relieved by the acceptance by Persia of the terms offered by

Russia.

The Persians had no sooner conceded all the Russian demands than The persistent demands of Great Russia instituted reprisals for atBritain and Russia for more efficient tacks on Russian officials by Persian policing of the country imposed nationalists during the progress of upon Persia early in the year the dispute. Punitive forces were the problem of reorganizing its sent to Tabriz, Resht and Enzeli. At finances in order to provide for an the close of the year, Persia was in a adequate military and police force. state of anarchy, with no immediate By vote of the Mejliss, the United prospect of relief. The National States government was asked to Council had been dissolved Dec. 24, choose five American experts to su- and even Teheran was under martial pervise, for a minimum period of law.

VII. LAW AND JURISPRUDENCE

FRANCIS M. BURDICK

INTERNATIONAL PRIVATE LAW

speaking delegates were urged to attend the conference and take part in its discussions, with a view of enabling the continental conferees to bring their code as nearly as possible into harmony with the English codes. They acceded to the request, and have the satisfaction of knowing that the draft, tentatively agreed upon, approaches the English law more nearly than any existing con

International Bills of Exchange.One of the most interesting projects of international codification is that relating to bills of exchange and checks, in which considerable progress was made by the conference held at The Hague in June and July, 1910. The proceedings are fully detailed by the delegate from the United States, Hon. Charles A. Conant, in his report of Jan. 3, 1911, which is published as Senate Docu-tinental code.

ment, No. 768, of the Third Session The conference adjourned to meet of the Sixty-first Congress.

The initiative in holding this conference came from Germany and Italy, and the draft uniform code discussed by the conference followed closely a draft proposed by the German delegates. Thirty-nine countries were represented in the conference. At its opening, the delegates from Great Britain and the United States gave notice of their inability to commit their governments to an adoption of the proposed code. This attitude, they explained, was due not to any want of sympathy with the objects of the conference, but to the facts, (1) that the English and American law of commercial paper had developed along quite different lines from those followed by the law of most continental states; and (2) that this branch of law had been recently codified in Great Britain and many of her colonies, as well as in most of the United States. Still another obstacle to the acceptance of a uniform international code of negotiable paper by this country was described by our delegate in these words: "The Federal Government has no authority to legislate regarding bills of exchange, whether foreign or domestic." However, the English

at The Hague in Sept., 1911, but a further adjournment has been taken to the spring of 1912, when the proposed draft is expected to receive its final form. At the same meeting a proposed code of checks will be considered. The questionnaire upon this topic has been under consideration during the present year, and Mr. Conant will report the views of American bankers and lawyers concerning it.

Undoubtedly it is too much to hope that the Conference will so far modify the proposed codes as to make them conform to the principles of English commercial law. If it succeeds, however, in harmonizing in all continental states the rules applicable to negotiable paper, it will have rendered a great service to the mercantile world; for international trade will then need to concern itself with but two systems of law on this topic.

Legislative Tendencies in Europe. -No attempt will be made to describe these fully, but some of the more important are as follows*:

The Belgian Parliament has

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