whole subject of wireless communications, China, while determining for herself, wishes to have time to consider carefully the practices of other countries, before deciding for herself which course to follow.

The Chinese Government will be glad to cooperate with other Powers with a view to arriving at common policies applicable to all Governments and mutually beneficial to all, with regard to radio communications between herself and those Powers, and, for this purpose, to participate in a conference or other joint action for the determination of general principles and methods to be recommended to all the Governments concerned whereby this general matter may be mutually regulated in a manner similar to that by which international postal interests are harmonized and promoted."

Revised Root Resolution. Following this statement by Mr. Sze, Mr. Root submitted a revision of the resolutions which he had submitted the day before, and which was as follows:

The United States of America, Belgium, the British Empire, China, France, Italy, Japan, the Netherlands, and Portugal, desiring to avoid controversies regarding electrical communication facilities and services in China, and between China and other countries, and particularly over concessions or contracts in China relating thereto, and desiring to promote the further development of the internal and external electrical communication facilities and services of China, and taking note of the general policy of the Government of China to own and operate electrical communication services within its territory, have agreed:

(1) That the provisions set forth in the resolution concerning the open door shall apply to electrical communications in China and between China and other countries.

(2) That in any case where, in the general interest, the rescission of an existing monopoly or preferential privilege in respect to electrical communications in China, or between China and other countries, is deemed desirable, the powers whose interests are affected

'This statement was again read in the fifth plenary session of the Conference.

stand ready to use their good offices, if requested by China, to bring about such rescission.

(3) That no radio stations shall be erected or operated on Chinese territory without the authorization of the Government of China, and, as to any existing unauthorized station, the right of the Government of China either to order its removal or to take it over upon payment of fair and reasonable compensation is expressly recognized.

(4) That without the express consent of the Government of China no additional radio stations shall be erected in the legation quarter at Peking, in settlements, in concessions, in leased territories, in railway areas or in other special areas; nor shall the power of existing stations in any such areas be increased; nor shall such stations carry on ordinary commercial working.

(5) That such radio stations as are authorized by the Government of China, whether by treaty or concession, shall comply with the terms of such authorization, and with the provisions of the International Radio-Telegraph Convention or any modification thereof, and, where the stations are authorized to conduct commercial services, such services shall be available on like terms to the nationals of every country.

(6) That any power or the nationals of any power operating radio stations in the territory of China, or in the special areas indicated heretofore, shall confer with the Government of China for the purpose of seeking a common understanding with a view to avoiding interference, subject to any general international arrangement which may hereafter be agreed to.

(7) That the electrical communication services between China and other countries may develop in a proper and orderly manner and in accord with the policy of China, the powers stand ready to exchange views, either generally or severally, as occasion may arise.

Discussion.

Senator Underwood, as reported in

the Minutes, spoke as follows:

First, to refer to what he had said the other day about China, he had come to this conference in the utmost good faith to try to help the Chinese people establish and maintain a sovereign government and their territorial integrity, and, so far as he was concerned,

he was unwilling to take any step that did not recognize that principle of the future sovereignty and integrity of China. He knew, as they all did, that China was torn to pieces at the present time by dissensions at home; but every country represented at the conference table, at some time in its history had met a like fate. The same difficulties had been experienced in the United States, and because China was disturbed by internal differences at the present time was no reason to believe that, within the next decade, she would not have established a sound parliamentary government that would efficiently represent her people and protect the rights of foreigners dwelling within her territory. To help establish such a government was undoubtedly one of the high purposes of the conference, and he thought the conference should hesitate to take any step themselves that, for one minute, would recognize an invasion of that great principle of the sovereignty of China.

In the main he did not object to these resolutions; he thought they were a recital of what had been done before. But, as he understood the position of the radio question in China, China had made certain concessions in reference to the legations, legation rights in China, and communication between Peking and the sea. That had already been covered by the resolution that had already been passed. Outside of that, if he understood it rightly, there were no treaty rights that tied the hands of China in reference to radio communications. She had made some concessions, but those concessions, as a sovereign Government, were like a concession that the Government of the United States would make, or that of Japan would make; it was still within the power of her sovereignty, because it had not been made to a Government, but had been made to nationals of other countries, who, in taking it, had to conform to the laws of China properly administered.

His main objection to the resolution was to clause 5: "That such radio stations as are authorized by the Government of China, whether by treaty or concession, shall comply with the terms of such authorization. . . . ." So far so good; but the clause continued: "... and with the provisions of the International Radio-Telegraph Convention or any modification thereof." In other words, if China granted the right to nationals of the Government of the United

States to establish a radio station in China, that radio station had to first comply with the regulations in China as far as it could; but, in addition to that, China had to recognize and China became a party to this, if she entered into a treaty-that the radio station had to comply with the International-Telegraph Convention or any modification thereof; that was to say, any modification thereof as passed in a future convention; and that future convention might adopt regulations in reference to radio in China that would not be satisfactory to the Chinese Government; and yet, in such a case, China was to surrender her sovereignty, not to governments or representatives of governments, but, in reference to the regulation of those radio stations, to the representatives of corporations or individuals who controlled the International Radio-Telegraph Conventions.

He did not think the committee ought to ask China to do that. He thought it might not be a serious point; but, from his viewpoint, it was asking China to surrender her sovereignty in the control of this question to nationals or committees or organizations entirely outside of China; and he was not willing, occupying the position he did in reference to the sovereignty of China, and with his desire to see it established and maintained, to attempt to defend a proposition of that kind.

Mr. Root suggested that he thought perhaps Senator Underwood's point might be covered by inserting (in paragraph 5) after the words "with the provisions of the International Radio-Telegraph Convention or any modification thereof " the words "to which China shall consent."

The chairman, after some discussion, said that if there was no objection, the resolution proposed by Mr. Root would contain the amendment "to which China shall consent," at the place stated.

Mr. Sze asked whether that meant that China would be obliged to consent.

The chairman replied that it did not; that the phrase simply implied futurity. He thought the words in question indicate that there was no intent to have it mandatory.

An extended discussion then followed and additional resolutions were offered with the result that the subject under consideration became so compli

cated that it was finally decided to reconsider the resolutions of December 7 and again to refer the matter to the Committee on Drafting.

Resolution of December 7 Finally Approved. That committee, as a result of two sessions of discussion, decided to report back to the Committee of the Whole, without alteration, the resolutions originally adopted by the Committee of the Whole on December 7. Mr. Sze took occasion again to state that it was the position of the Chinese Government that radio stations installed in the special regions designated in the fourth Article of the resolutions of December 7, were installed and maintained only on sufferance so far as China was concerned, and that China had not surrendered and would not surrender her right to demand their removal or transfer to herself. The following motion was put to a vote and adopted:

The undersigned powers declare that nothing in paragraphs 3 and 4 of the Resolution of 7th December, 1921, is to be deemed to be an expression of opinion by the Conference as to whether the stations referred to therein are or are not authorized by China.

They further give notice that the result of any discussion arising under paragraph 4 must, if it is not to be subject to objection by them, conform with the principle of the open door or equal opportunity approved by the Conference.

The Committee of the Whole at twenty-seventh meeting, held January 27, upon receiving this report accompanied by the foregoing declarations, again adopted the Resolutions which had been approved on December 7.

Mr. Sze made the following statement: