Evening star., 1922-01-18
es Offers Pny Delegates Revised Resolution Open Door China

sible. he thought the task would be
found impossible, and that expert
fence would soon show inability to
foresee all AL the contingencies that
The open door was a very import
ant principle. but 1t should be re-
membered that is was on open door
door and not shut door. The very
fact that Is was an open door In
dicated that it was an opportunity
for enterprise. not an obstacle to
serve equality of opportunity for
legitimate enterprise. Every en-
terprise, of course, was Of a particu-
lar nature IL 1t was within the legiti-
mate range that was contemplated.
In most cases it could readily be
detected when the particular grant
or concession transcribed the limits
operated not simply as an opportunity,
but as a rule of unfair. exclusion Nof
others. In the great majority of
cases there would not be the slight
est difficulty In recognizing whether
the particular. enterprise lay within
or without the application OF the
principle.
Now, he admitted that there would
be cases, perhaps many cases. which
were not. SO clear: 1t would be i'm
possible to define them in advance.
Therefore it was Of Importance not
simply to leave the matter to diplo-
matte interchanges. but to provide
some facility for discussion and ex-
plication Of the particular case. So
far. however. as the statement of
the resolution itself was concerned.
he would welcome any Improvement.
This had been the subject of con-
siderable study on the part of ex-
perts. and this particular form OF
statement had been taken because In
connection with paragraphs (a) and
(b) it was deemed advisable to sug-
gest. as well as could be done by
general statement. the class of under
takings which 1t was not desired to
exclude. which 1t was desired should
be freely prosecuted, and .at the same
time to indicate the two classes of
effort which 1t was designed so far
as possible absolutely to prevent
Three Important Points.
The first class included those which
endeavored to establish over a
designated region superior privilege
to the exclusion Of powers or their
nopoly or preference not inherent in
a particular legitimate undertaking.
but embodylng the exclusion of
powers or their nationals from fields
Of industry and economic develop
ment. There was in paragraph (b)
OF the scope. duration or geographical
extent itself of an enterprise might
be very important in determining its
essential character in the light of the
open door principle.
He suggested that II there was any
v.l
the committee which would more
clearly point the distinction obviously
sought than the language which had
been presented, they would be very
glad to have it. There was no doubt
that there was great difficulty in the
formulation, but it had been hoped,
without a fruitless effort at specifica-
ciple in a far more definite way than
1t had hitherto been expressed.
With regard to Mr.. Sarraut's second
question. relating to the function and
work Of the board of reference, as
he understood it. Mr.. Sarraut had
referred to the board of reference:
what would be the practical operation
of such a plan?
The chairman believed that matters
in questions of the sort described
would come up in the way with
WhiSh oil WctS lduitlldT. NdtIOH6IE
would address their governments.
there would be inquiries with respect
to action that had been taken, sup
posedly, or stated to be, in contra
yention of the principle. OF course,
the sovereign powers here represent
bind themselves with regard to un-
known contingencies. which might
fetter the proper freedom Of their
actions: but II there was a facility
at hand which could take the matter
for examination and report as to the
powers who believed in this princi-
pie, who desired to have it fairly
and continuously applied, would de.
sire to avail themselves of that IA
cility and would court the examina-
tion Of the matter by commission
tives. In other words. the reference
he assumed. would be by govern.
ments for the purpose of using this
method Of obtaining Information and
advice, which would not be of ar
ex parte character, but in which al
those who might be interested in the
matter would have opportunity tc
present their facts.
Nothing Coercive In Plan.
He repeated that there was nothing
coercive about it. 1t would have
been futile to consider any sort OF
coercive arrangement. This. like ev.
erything else. ultimately depended
upon the good faith Of governments
in applying the principles which they
professed. But with the most sin.
cere intent there would doubtless
arise situations Of more or les.
ambiguous character, where in entire
good faith different positions might
be possible, and as to which it wal
important that there should be soms
opportunity for fair consideration ant
report This promised that result
In further answer to Mr.. Sarraut's
that the more difficulty experienced
lar legitimate enterprise with which
there was no desire to interfere, tht
more important it was that there
should be some way of bringing ou'
the facts and securing an impartia
report as to cases of an eQuivoca
character. In other words. instead oil
attempting the impossible, q super.
refined definition which would at.
tempt all the different categories
there would exist the machinery
which would enable the powers tt
deal with those cases of which Il
was impossible 80 form q prejudg.
ment by precise definition.
Mr.. Sarraut had spoken Of the las
paragraph with respect to its ap
plication to existing concessions
lection to the paragraph in its re-
lation to existing concessions. L
spoke OF an existing concession, ant
he understood that meant that IL
point Of time, now or hereafter, Il
there should bA a oueatfon rera rdfne