« AnteriorContinuar »
ployed in the manufacture and distribution there
FRANCHISES AND STOCK ISSUES. of, or in the maintenance and operation of the The provisions requiring approval of franchises, works, wires, poles, lines, conduits, ducts and stock and bond issues and transfers of franchises systems maintained in connection therewith.
are similar to those in the case of railroad and 3. Have power to fix the standard of illuminat
street-railroad corporations. ing power and purity of gas, not less than that
COMPLAINTS AND HEARINGS. prescribed by law, to be manufactured or sold for
Upon the complaint in writing of the mayor of lighting, heating or power purposes and to pre
a city, the trustees of a village or the town scribe methods of regulation of the electric sup
board of a town in which a person or corporation
is authorized to manufacture, sell or supply gas or ply system as to the use for incandescent lighting and fix the initial efficiency of incandescent lamps
electricity for heat, light or power, or upon the furnished for lighting..
complaint in writing of not less than 100 customers
or purchasers of such gas or electricity in cities 4. Have power, in its discretion, to prescribe
of the first or second class, or of not less than uniform methods of keeping books and accounts by fifty in cities of the third class, or of not less the corporations engaged in the manufacture and
than twenty-five elsewhere, either as to the illumidistribution of gas and electricity for light, heat
nating power, purity, pressure or price of gas or o: power.
the initial efficiency of the electric incandescent 5. Examine all persons, corporations and munici
la mp supply, or the regulation of the voltage of palities under its supervision, keep informed as to
the supply system used for incandescent lighting. the methods employed by them and see that their
or price of electricity sold in such municipality, property is 'maintained and operated for the se
the proper commission shall investigate as to the curity and accommodation of the public.
cause of such complaint and examine the works,
system, plant and methods used by such corpora6. Require every person and corporation under tion. Notice of examinations shall be given and its supervision to submit to it an annual report the person or corporation made the subject of showing in detail (1) the amount of its authorized complaint shall be given an opportunity to be and outstanding capital stock; (2) the amount of heard. After a hearing and investigation the coinits authorized bonded indebtedness and the amount mission may within lawful limits by order fix the of its bonds and other forms of evidence of in maximum price of gas or electricity to be charged debtedness issued and outstanding; (3) its receipts by such corporation -or person or may order such and expenditures during the preceding year; (4) changes as will improve the service. the amount paid as dividends upon its stock and
FORFEITURE FOR NONCOMPLIANCE. as interest upon its bonds; (5) the name of and
Every gas corporation and electrical corporation the amount paid as salary to each officer and the
and the officers, agents or employes thereof shall amount paid as wages to its employes; (6) the
obey every order made by the commission. Any location of its plant or plants and system, with
such corporation, or any officer, agent or employe a full description of its property and franchises,
thereof who knowingly fails or neglects to obey stating in detail how each franchise stated to be
or comply with such order or any provision of ovned was acquired, and (7) such other facts per
this act shall forfeit to the state of New York taining to the operation and maintenance of the
not to exceed the sum of $1,000 for each offense. plant and system and the affairs of such person
Every distinct violation of any such order or of or corporation as may be required by the com
this act shall be a separate offense and in case of mission. When any such report is defective or
a continuing violation each day shall be deemed a believed to be erroneous the commission shall no
separate offense. An action to recover such forfeit tify the person, corporation or municipality mak
may be brought in any court of competent jurising such report to amend the same within thirty
diction in this state in the name of the people days. Any such person or corporation or munici
of the state of New York. pality which shall neglect to make any such report within the time specified by the commission
SUMMARY PROCEEDINGS. or which shall fail to correct any such report
Whenever either commission shall be of opinion within thirty days after notice, shall be liable to that a gas corporation, electrical corporation or a penalty of $100 and an additional penalty of municipality within its jurisdiction is failing or $100 for each day after the prescribed time for omitting or about to fail or omit to do anything which it shall neglect to file or correct the same, required of it by law or by order of the commis to be sued for in the name of the people of the
sion it shall direct counsel to the commission to state of New York.
commence an action or proceeding in the Supreme 7. Require each municipality engaged in operat.
court of the state of New York in the name of
the commission for the purpose of having such vioing any works or systems for the manufacture and
lations or threatened violations stopped and presupplying of gas or electricity to make an annual
vented either by mandamus or injunction. Counreport to the commission verified by the oath of
sel to the commission shall thereupon begin such the general manager or superintendent thereof
action or proceeding by a petition to the Supreme showing in detail facts similar to those required court alleging the violation complained of and to be shown by persons and corporations.
praying for appropriate relief by way of mandamus 8. Have power, either through its members or
or injunction. It shall be the duty of the court inspectors or employes duly authorized by it, to
to specify the time not exceeding twenty days enter in or upon and to inspect the property,
after service of a copy of the petition within whic! buildings, plants, factories, power houses and of
the gas corporation, electrical corporation or mufices of any such corporations, persons or munici
nicipality complained of must answer the petition. palities.
ARTICLE V. 9. Have power to examine the books and affairs
This article abolishes the board of railroad com. of any such corporations, persons or municipalities and to compel the production before it of books
missioners, commission of gas and electricity, inand papers pertaining to the affairs being in
spector of gas meters and board of rapid-transit
railroad commissioners and provides for the transvestigated by it.
fer of records and the disposition of pending pro10. Have power to subpæna witnesses, take tes ceedings. It further repeals certain acts and parts timony and administer oaths to witnesses.
of acts in conflict with the new law and specifies
that the act shall take effect July 1, 1907. INSPECTION OF GAS AND ELECTRIC METERS. Each commission shall appoint inspectors of gas
THE COMMISSIONS. and electric meters whose duty it shall be when
Appointed by Gov. Hughes June 28, 1907. required to inspect and ascertain the accuracy of For New York City-William R. Willcox, chairany and all gas meters and electric meters. No man; William McCarroll, Edward M. Bassett, Milo corporation or person shall furnish or put in use R. Maltbe and John E. Eustis. any gas or electric meter which shall not have For Rest of State-Frank W. Stevens, chairman; been inspected, proved and sealed or marked by Charles Hallam Keep, D. M. Osborne, James E. an inspector of the commission.
| Sague, Martin S. Decker.
of stay after ile of the people
This article abmission of gas and of rapid-tr
WISCONSIN PUBLIC-UTILITY LAW.
Approved and in effect July 9, 1907. The public-utility law of Wisconsin vests in the rates or charges shall be made than those specirailroad commission of the state the power to fied in the schedules until the same are lawfully supervise and regulate every public utility in the changed. state. The term “public utility” as used in the For the purpose of making any investigation with act means every corporation, company, individual. regard to any public utility the commission shall association of individuals, their lessees, trustees have power to appoint agents and the commission or receivers appointed by any court whatsoever may conduct any number of such investigations and every town, village or city that owns, oper contemporaneously through different agents. ates or controls any plant or equipment within the Upon a complaint made against any public utilstate for the conveyance of telephone messages or ity by any mercantile, agricultural or manufacturfor the production, transmission, delivery or fur. ing society or by any body politic or municipal nishing of heat, light, water or power, either di organization or by any twenty-five persons, firms rectly or indirectly, to or for the public. Follow or corporations, that any of the rates, tolls, ing are the main requirements of the law:
charges or schedules or any joint rate or rates or Every public utility is required to furnish rea regulations are in any respect unreasonable or unsonably adequate service and facilities. The charges justly discriminatory, the commission shall proceed must be reasonable and just.
to make such investigation as it may deem necesThe joint use for a reasonable eompensation of sary. But no order affecting the matter comconduits, subways, poles or other equipments over, plained of shall be made without a public hearon or under any highway must be granted when ing. Ten days' notice of such hearing shall be ever public necessity and convenience require it. given and both the public utility and complainant
The commission shall value all the property of shall be entitled to be heard and shall have process every public utility actually used and useful for to enforce the attendance of witnesses. the convenience of the public.
If upon such investigation the rates, charges or Every public utility shall keep and render to regulations shall be found to be unjust or unreathe commission uniform accounts of all business sonable or in any way in violation of this act transacted and the commission shall prescribe the the commission shall have power to fix and order forms of all books, accounts and papers required substituted therefor such rates, tolls, charges or to be kept. No other books or accounts than those regulations as shall be just and reasonable. The so prescribed shall be kept. The accounts shall be public utility, if found to be at fault, shall pay closed June 30 of each year and the balance sheet the expenses of such investigation. taken therefrom shall be filed with the commission, Any public utility and any person or corporation
The agents and accountants of the commission in interest being dissatisfied with any order made shall have access to the books and records of all by the commission fixing rates, charges and regupublic utilities.
lations, may begin an action in the Circuit court Every public utility shall carry a depreciation for Dane county to set aside such order. All such account whenever the commission shall determine actions shall have precedence over any civil case that such can be reasonably required. The com of a different nature pending in such court. Either mission shall provide for such depreciation in fix party may appeal to the Supreme court. ing the rates, tolls and charges to be paid by the No franchise shall be granted to any person or public.
corporation to operate any plant for the producEach public utility shall furnish the commis tion, transmission or furnishing of heat, light, sion with detailed information as to (1) the de water or power in any municipality where there preciation per unit, (2) the salaries and wages is in operation under an indeterminate permit as separately per unit, (3) legal expenses per unit, provided in this act a public utility engaged in a (4) taxes and rentals separately per unit, (5) the similar service without first securing from the quantity and value of material used per unit, (6) commission a declaration after a public hearing the receipts from residuals, by-products, services of all parties interested that public convenience or other sales separately per unit, (7) the total and and necessity require such second public utility. net cost per unit, (8) the gross and net profit per Every license, permit or franchise hereafter unit, (9) the dividends and interest per unit, (10) granted to any public utility shall have the efsurplus or reserve per unit, and (11) the prices fect of an indeterminate permit subject to the paid per unit by consumers.
provisions of this act and subject to the proThe commission shall publish annual reports vision that the municipality in which the majority showing its proceedings and tabulating the infor of its property is located may purchase the propmation obtained from the public utilities; it shall erty of such public utility actually used and usealso publish in its annual reports the value of ful for the convenience of the public at any time. all the property of every public utility as to whose paying therefor just compensation to be determined rates and regulations any hearing has been held. by the commission. Every municipality is author
No facts or information shall be withheld by ized to purchase such public utility and every such the commission from the public longer than ninety public utility is required to sell such property at days nor be so withheld except in the interest of the value and according to the terms and condithe public.
tions fixed by the commission. The commission shall ascertain and fix adequate Every municipal council shall have the power to and serviceable standards for the measurement of determine by contract, ordinance or otherwise the quality, pressure, initial voltage or other condition quality and character of each kind of product or pertaining to the product or service rendered by any service to be furnished or rendered by any public public utility and prescribe reasonable regulations utility within the municipality and to require such for testing and measuring such product or service. additions to the physical plant of the utility as The commission shall provide for the testing of may be reasonable and necessary in the interest any and all appliances used for the measuring of of the public. any product or service of a public utility. Any No public utility or any agent or officer thereof consumer or user may have any such appliance or any agent or officer of any municipality contested upon the payment of the fee fixed by the stituting a public utility shall offer or give for commission.
any purposes to any political committee or any Every public utility shall file with the commis member or employe thereof, to any candidate for sion, within a time to be fixed by the commission, or incumbent of any office or position under the schedules which shall be open to public inspection constitution or laws or under any ordinance of any showing all rates, tolls, charges and regulations municipality of this state, or to any person at which it has established for any service performed the request or for the advantage of all or any of by it within the state. A copy of so much of them, any frank or any privilege withheld from these schedules as the commission may deem nec any person for any product or service produced, essary shall be printed in plain type and kept on transmitted, delivered, furnished or rendered by any file in every station or office of such public utility public utility, or the conveyance of any telephone where payments are made by consumers and shall message or communication or any free product or be open to the public for inspection. No other service whatsoever. No political committee and
shall be not more tbt nexceedi
no candidate for office shall ask for or accept any such frank, privilege or free service from any public utility.
Any violation of the provisions of this section shall be punished by imprisonment in the state prison not more than five years nor less than one year or by fine not exceeding $1,000 nor less than $200.
If any public utility or its agent or any officer of a municipality constituting a public utility shall directly or indirectly or by any device whatsoever charge any person or corporation a greater or less compensation for any service rendered than that prescribed in the published schedules or tariffs or than it charges any other person or corporation for a like and contemporaneous service, such public utility shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared unlawful and upon conviction thereof shall forfeit and pay into the state treasury not less than $100 nor more than $1,000 for each offense; and such agent or officer so offending shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $50 nor more than $100 for each offense.
It shall be unlawful for any person, firm or corporation knowingly to solicit or accept any rebate or concession in respect to any service rendered by any public utility. Any one violating this provision of the law shall be deemed guilty of a misdemeanor and be subject to a fine of not less than $50 nor more than $1,000 for each offense.
If any public utility shall do anything prohibited by this act or omit to do anything required by the law to be done, such public utility shall be liable to the person, firm or corporation injured
thereby in treble the amount of damages sustained in consequence of such violation.
Any officer, agent or employe of any public utility or of any municipality constituting a public utility as defined in this act who shall fail or refuse to fill out and return any blanks as required by this act, or shall fail or refuse to answer any question therein propounded, or shall knowingly make a false answer, or shall refuse on proper demand to exhibit any book, paper, account or record in his possession, or who shall fail to keep his accounts as required by the commission, shall be deemed guilty of a misdemeanor and be subject to a fine of not less than $1,000 for each offense.
A penalty of not less than $500 nor more than $1,000 shall be recovered from the public utility for each offense when such officer, agent or employe acted in obedience to the instruction or request of such public utility or general officer thereof.
If any officer of any town, village or city constituting a public utility as defined in the act shall do or permit to be done any act that is prohibited or shall omit to do any act that is required, for every such violation, failure or refusal such officer shall be deemed guilty of a misdemeanor and he subject to a fine of not less than $50 nor more than $500.
Every day during which any public utility or any officer, agent or employe thereof shall fail to observe and comply with any order of the commission shall constitute a separate and distinct violation of such order.
Every public utility shall give notice to the commission of any accident attended by loss of human life upon its premises and the commission, if it deems it necessary. shall make an investigation thereof.
CONSERVATION OF THE NATION'S RESOURCES.
this as view of thesuntry to take how
Nov. 16. 1907. President Roosevelt sent letters of | appeal with special force to the governors of the invitation to the governors of all the states and states because of their close relations to the peoterritories to meet him at the white house in May, ple and the responsibility for the welfare of their 1908, to consider the question of means to conserve communities. I have therefore decided in accordthe natural resources of the country. His letter ance with the suggestion of the inland waterways was as follows:
commission to ask the governors of the states "The natural resources of the United States and territories to meet at the white house on May were, at the time of settlement, richer, more 13, 14 and 15 to confer with the president and varied and more available than those of any other with each other upon the conservation of natural equal area on the earth. The development of resources, these resources has given us for more than a "It gives me great pleasure to invite you to century a rate of increase of population and take part in this conference. I should be glad to wealth without parallel in history. It is obvious have you select three citizens to accompany you that the prosperity which we now enjoy rests di and to attend the conference as your assistants or rectly upon these resources. It is equally obvious advisers. I shall also invite the senators and that the vigor and success which we desire and representatives of the 60th congress to be present foresee for this nation in the future must have at the sessions so far as their duties will permit. this as its ultimate material basis.
“The matters to be considered at this conference "In view of these evident facts it seems to are not confined to any region or group of states, me time for the country to take account of its but are of vital concern to the nation as a whole natural resources and to inquire how long they and to all the people. Those subjects include the are likely to last. We are prosperous now; we use and conservation of the mineral resources, the should not forget that it will be just as important resources of the land and the resources of the to our descendants to be prosperous in their time. waters in every part of our territory.
"Recently I declared there is no other question | "In order to open discussion I shall invite a now before the nation of equal gravity with few recognized authorities to present brief descripthe question of the conservation of our natural re tions of actual facts and conditions, without arsources and I added that it is the plain duty of gument, leaving the conference to deal with each those of us who for the moment are responsible topic as it may elect. The members of the inland to take inventory of the natural resources which waterways commission will be present in order to have been handed down to us, to forecast the share with me the benefit of information and sugneeds of the future and so handle the great sources gestion and, if desired, to set forth their proof our prosperity as not to destroy in advance all visional plans and conclusions. hope of the prosperity of our descendants.
"Facts which I cannot gainsay force me to be. "It is evident the abundant natural resources on lieve that the conservation of our natural re. which the welfare of this nation rests are becom | sources is the most weighty question now before ing depleted, and, in not a few cases, are already the people of the United States. If this is so exhausted. This is true of all portions of the | the proposed conference, which is the first of its United States; it is especially true of the longer kind, will be among the most important gatherings settled communities of the east.
in our history in its effect upon the welfare of "The gravity of the situation must. I believe, | all our people. THEODORE ROOSEVELT."
THE PLAGUE IN INDIA.
For the six months ended June 30, 1907, returns ports indicated that the pestilence was decreasing, showed a total of 1,060.067 deaths from the plague though the number of victims continued to be in India. In the latter part of the year the re- | large,
IMPORTANT LEGAL DECISIONS IN 1907.
[Compiled from "Case and Comment” and other sources.) ACQUIRING TERRITORY BY TREATY. I a deadly weapon and although such killing was Warren B. Wilson of Illinois as a taxpayer
not part of the prearranged plan. sought to restrain the secretary of the treasury
THE FLAG AND ADVERTISING. from paying out money for the purchase of the In the case of Halter vs. Nebraska it was held Panama canal zone and for the construction of the by the United States Supreme court that the Ne. Panama canal. His suit was dismissed on de- | braska state statute forbidding the use of the murrer. The court denied that the plaintiff's ar American flag for advertising purposes was valid. guments had any merit and held that it was too The contention that the protection of the national late in the history of the United States to question flag against illegitimate uses belonged exclusively its right of acquiring territory by treaty. The to the federal government was overruled. The contention that the United States has no power to contention that it was a privilege of American engage in the construction of the canal because the citizenship to use the flag for advertising mer. canal zone is no part of the territory of the United chandise was also denied, as well as the claim States is met by the terms of the treaty. The that to do this was a right of personal liberty uncourt says: “It is hypercritical to contend that
der the constitution. Another contention exclu. the title of the United States is imperfect and sively made was that the statute invaded property that the territory described does not belong to rights without due process of law. An exception this nation because of the omission of some of the made by the statute in favor of newspapers, peritechnical terms used in ordinary conveyances of odicals, books, pamphlets, etc., on which reprereal estate.”
sentations of the flag were printed disconnected from ASSIGNMENT OF WAGES.
any advertisement, was held reasonable and valid. An assignment of wages to be earned in the fu
STREET-CAR TRANSFERS. ture under an existing employment was held in A street-car passenger who is given an invalid the case of Rodijkeit vs. Andrews in Ohio to be transfer check upon paying his fare and asking valid.
for a transfer to which he is entitled was held WAGES OF DISCHARGED SERVANTS.
in an Arkansas case to have no right, upon re
fusal by the conductor of the connecting carrier Where a servant is employed for an entire term
to honor it, to refuse to pay his fare, thereby renat wages payable in installments at specified inter
dering necessary forcible ejection, and hold the vals he is entitled, upon being wrongfully dis
carrier liable for the assault; and his remedy was charged, to treat the contract as existing and to
held to be confined to damages for the breach of sue at each period of payment for the salary then
contract, including reasonable compensation for the due. according to the decision in the North Caro.
indignity put upon him through the fault of the lina case of Smith vs. Cashie and C. R. & L. com
VOTING MACHINES. Where a contract for service is an entire one and not severable and a servant is discharged for
It was decided by the Supreme court of Massadisobedience of the reasonable orders of the mas
chusetts Oct. 31 that voting machines could not ter he is held in the case of Von Heyne vs. Tomp
be used in the election of representatives in the
state legislature for the reason that the constitukins, Minnesota, not to be entitled to recover for his services,
tion requires that such election shall be by writ. WILLS.
ten vote. "The new method," it was declared, "is
entirely unlike the writing of a name of a choice A condition attached to a bequest requiring the
of candidates upon a piece of paper and the deposit beneficiary to attend a certain church was held in
of the paper in a box, to be taken out afterward the Paulsen case in Wisconsin not to be invalida
and counted. In the use of the machine the voter ted by a constitutional provision giving every one
must trust everything to the perfection of the the right to worship God according to the dictates
mechanism. He cannot see whether it is workof his own conscience and providing that he shall
ing properly or not. This chance of error, whether not be compelled to attend any place of worship greater or less than the chance that a ballot deagainst his consent.
posited in a box will not be properly counted, is HOURS OF WORK FOR WOMEN.
different from it. It was not within the knowledge In a decision handed down June 14 the New
or contemplation of the framers of the constitu
tion." York Court of Appeals held that the penal law
In the Minnesota case of Elwell Vs. Comstock providing that women shall be employed in factories only within certain hours was unconstitu
it was held that the use of a voting machine at tional. The court declared that adult women must
an election does not contravene the constitutional be recognized as on an equal plane with men in
provision that elections shall be by ballot. The matters of employment and not as a ward of the
court said: "In view of the objects sought to be state. The language of the decision was in part:
attained and secured by the framers of the con"In this section of the labor law it will be ob
stitution it is unnecessary to consult the lerserved that women are classed with minors under
icographers for a definition of the word "ballot.' the age of 18 years, for which there is no reason.
It was not employed in its literal sense, but only The right of the state as parens patriæ to restrict
for the purpose of designating a method of conor regulate the labor and employment of children
ducting elections which would insure secrecy and is unquestionable: but an adult female is not to
the integrity of the ballot." be regarded as a ward of the state or in any other
The use of voting machines was held, in United
States Standard Voting Machine company vs. Hoblight than the man is regarded when the question relates to the business, pursuit or calling.
son (Iowa) not to be prohibited by a constitutional
In the gradual course of legislation upon the rights of a
provision that all elections shall be by ballot. woman, in this state, she has come to possess all
FRATERNITIES IN SCHOOLS. the responsibilities of the man and she is entitled In the case of Wayland vs. school directors, into be placed on an equality of rights with the volving the right of a school board in Seattle, man. Considerations of her physical differences
Wash., to deprive certain students belonging to are sentimental and find no proper place in the
secret societies or fraternities of certain priydiscussion of the constitutionality of the act.".
ileges such as connection with athletic teams and HOMICIDE.
also of the customary graduation honors, the Su
preme court of the state sustained the board. The Where two. in furtherance of a common design, contention was that the school board exceeded its enter upon the perpetration of a burglary armed lawful authority in dictating what the children and prepared to kill if opposed and, while so en should do or not do out of school hours with their gaged, are discovered, and, in the effort to escape, parents' consent. But the court held that the one of the burglars kills one who is trying to board had not invaded the homes of pupils nor arrest him, it is held in Conrad vs. state (Ohio) sought to interfere with the parental custody and that both burglars are equally guilty of the homi: control. Under the state law the board was given cide, although one of them was not armed with l authority to adopt rules for the well-being of the
school and this statutory authority was deemed 186, the power of the college authorities absosufficient to justify the regulations made against lutely to prohibit any connection between Greek fraternities. Because the Seattle board did not letter fraternities and the university was upheld; deny to members of the fraternities the right to but that case is distinguishable because the incontinue in school the court distinguished that stitution involved rested on a private endowment, case from that of state ex rel. Stallard vs. White, without aid from taxation or other public source. in which the Indiana court denied the right of the board of trustees and faculty of Purdue uni
SEATS IN STREET CARS. versity, which is a state agricultural college, to "A common carrier does not fulfill its legal duty exclude from the university students who were until it provides a seat for each passenger," says members of a fraternity or who refused to sign a the Georgia Court of Appeals. The decision was pledge to keep out of such society while in the rendered in a suit for damages brought against university. The court held that the institution the Georgia Electric and Railway company of had a relation to the public analogous to that of | Atlanta by Dr. Oscar Linden, who, it is alleged, other public schools, in which all the inhabitants was injured by the sudden starting of a car in of the state had a common interest. But in the which he was standing. There can be no quesSeattle case the pupils in the fraternities were tion," the decision continues, "that it is. one of not denied the privileges of the school so far as the duties of a common carrier to furnish its pasthe pursuit of their studies was concerned. In sengers with seats and that such failure to furpeople ex rel. Pratt vs. Wheaton College, 40 Ill. 'nish a seat may be proximate cause of an injury."
On Aug. 31, 1907, at St. Petersburg, a convention | sian shore of the Caspian sea and those of the between Great Britain and Russia was signed and posts and telegraphs, shall be devoted, as in the ratifications were exchanged Sept. 23. The treaty past, to the service of the loans concluded by the concerns the relations of the two countries with re government of the shah with the Imperial Bank of spect to Persia, Afghanistan and Tibet. The es. Persia up to the date of the signature of the pres. sential portions of the document follow:
ent arrangement. PERSIA.
AFGHANISTAN. The governments of Great Britain and Russia 1 The high contracting parties in order to insure having mutually engaged to respect the integrity | perfect security on their respective frontiers in and independence of Persia, and sincerely desiring central Asia and to maintain in these regions a the preservation of order throughout that country solid and lasting peace have concluded the followand its peaceful development, as well as the per ing convention: manent establishment of equal advantages for the His Britannic majesty's government declare that trade and industry of all other nations; consider they have no intention of changing the political ing that each of them has, for geographical and status of Afghanistan. economic reasons, a special interest in the main His Britannic majesty's government further entenance of peace and order in certain provinces of gage to exercise their influence in Afghanistan only Persia adjoining or in the neighborhood of the Rus in a pacific sense, and they will not themselves sian frontier on the one hand and the frontiers of take, nor encourage Afghanistan to take, any Afghanistan and Baluchistan on the other hand; measures threatening Russia. and being desirous of avoiding all cause of conflict The Russian government on their part declare between their respective interests in the above that they recognize Afghanistan as outside the mentioned provinces of Persia, have agreed on the sphere of Russian influence and they engage that following terms:
all their political relations with Afghanistan shall Great Britain engages not to seek for herself be conducted through the intermediary of his Briand not to support in favor of British subjects, or tannic majesty's government; they further engage in favor of the subjects of third powers, any con not to send any agents into Afghanistan. cessions of a political or commercial nature, such The government of his Britannic majesty having as concessions for railways, banks, telegraphs, declared in the treaty signed at Kabul on the 21st roads, transport, insurance, etc., beyond a line of March, 1905, that they recognize the agreement starting from Kasr-i-Shirin, passing through Ispa and the engagements concluded with the late han, Yezd. Kakhk and ending at a point on the Ameer Abdur Rahman, and that they have no inPersian frontier at the intersection of the Russian tention of interfering in the internal government and Afghan frontiers, and not to oppose, directly
of Afghan territory, Great Britain engages neither or indirectly, demands for similar concessions in to annex nor to occupy in contravention of that this region which are supported by the Russian treaty any portion of Afghanistan or to interfere government. It is understood that the above-men in the internal administration of the country, tioned places are included in the region in which provided that the ameer fulfills the engagements Great Britain engages not to seek the concessions already contracted by him toward his Britannic referred to.
majesty's government under the above-mentioned Russia, on her part, engages not to seek for her treaty. self and not to support, in favor of Russian sub The Russian and Afghan authorities, specially jects or in favor of the subjects of third powers, designated for the purpose on the frontier or in the any concessions of a political or commercial nature. frontier provinces, may establish direct relations such as concessions for railways, banks, telegraphs, with each other for the settlement of local ques. roads, transport, insurance, etc., beyond a line go tions of a nonpolitical character. ing from the Afghan frontier by way of Gazik,
His Britannic majesty's government and the RusBirjand, Kerman and ending at Bunder Abbas, and sian government affirm their adherence to the prin. not to oppose, directly or indirectly, demands for ciple of equality of commercial opportunity in Af. similar concessions in this region which are sup ghanistan, and they agree that any facilities which ported by the British government. It is understood may have been or shall be hereafter obtained for that the above-mentioned places are included in British and British Indian trade and traders, shall the region in which Russia engages not to seek the be equally enjoyed by Russian trade and traders. concessions referred to.
Should the progress of trade establish the necessity It is understood that the revenues of all the Per for commercial agents, the two governments will sian customs, with the exception of those of Far agree as to what measures shall be taken, due resistan and of the Persian gult, revenues guaran
gard, of course, being had to the ameer's sovereign teeing the amortization and the interest of the rights. loans concluded by the government of the shah
TIBET. with the "Banque d'Escompte et des Prets de The governments of Great Britain and Russia, Perse'' up to the date of the signature of the pres recognizing the suzerain rights of China in Tibet ent arrangement, shall be devoted to the same pur and considering the fact that Great Britain by reapose as in the past.
son of her geographical position has a special interIt is equally understood that the revenues of the est in the maintenance of the status quo in the exPersian customs of Farsistan and of the Persian ternal relations of Tibet, have made the following gulf, as well as those of the fisheries on the Per- I arrangement: