bsequently, on September 24, 1918, the Chinese and
Japanese Governments by exchange of notes at Tokio entered into
agreements affecting the Japanese occupation of the Kiao-Chau Tsinan
Railway and the adjoining territory, but the governmental situation at
Peking was too precarious to refuse any demands made by the Japanese
Government. In fact the action of the Japanese Government was very
similar to that of the German Government in 1898. An examination of
these notes discloses the fact that the Japanese were in possession of
the denounced German rights, but nothing in the notes indicates that
they were there as a matter of legal right, or that the Chinese
Government conceded their right of occupation.

This was the state of affairs when the Peace Conference assembled at
Paris. Germany had by force compelled China in 1898 to cede to her
certain rights in the Province of Shantung. Japan had seized these
rights by force in 1914 and had by threats forced China in 1915 to agree
to accept her disposition of them when they were legally transferred by
treaty at the end of the war. China in 1917 had, on entering the war
against Germany, denounced all treaties and agreements with Germany, so
that the ceded rights no longer existed and could not legally be
transferred by Germany to Japan by the Treaty of Peace, since the title
was in China. In fact any transfer or disposition of the rights in
Shantung formerly belonging to Germany was a transfer or disposition of
rights belonging wholly to China and would deprive that country of a
portion of its full sovereignty over the territory affected.

While this view of the extinguishment of the German rights in Shantung
was manifestly the just one and its adoption would make for the
preservation of permanent peace in the Far East, the Governments of the
Allied Powers had, early in 1917, and prior to the severance of
diplomatic relations between China and Germany, acceded to the request
of Japan to support, "on the occasion of the Peace Conference," her
claims in regard to these rights which then existed. The representatives
of Great Britain, France, and Italy at Paris were thus restricted, or at
least embarrassed, by the promises which their Governments had made at a
time when they were in no position to refuse Japan's request. They might
have stood on the legal ground that the Treaty of 1898 having been
abrogated by China no German rights in Shantung were in being at the
time of the Peace