493.11 Shanghai/26: Telegram
The Acting Secretary of State to the Consul General at Shanghai (Cunningham)
Washington, May 5, 1932—6
p.m.
169. For the Minister. With reference to paragraph 5 of your April 27, 1 p.m., Department offers the following comments:
- 1.
- In regard to the question of the merits of particular cases see Department’s 95 of March 12, 8 p.m., to Shanghai.
- 2.
- In regard to the question of procedure to be followed in handling particular cases see Department’s 153 of April 25, 5 p.m., to Shanghai.
- 3.
- In the presentation of claims to the Japanese or Chinese authorities, or both, it probably would be advisable to err on the side of presenting some doubtful claims rather than on the side of withholding any possibly good claims and there would appear to be no serious objection to presenting to the authorities of both Governments claims in which the question is in doubt as to which Government caused the wrong.
- 4.
- Department fears that many of the claims may present difficult questions of law and may be resisted by both Governments. It is therefore highly desirable that claims be prepared as indicated in Department’s 95 of March 12, 2 p.m., and in duplicate, one copy with original or certified evidence to be sent to the Department in order that if necessary the claims may be carefully studied collectively before the formation of a definite general policy with reference to the action necessary to effect a settlement of claims not adjusted locally.
- 5.
- If possible please advise substance of instructions received by your British colleague in regard to presentation of British claims.
- 6.
- Department desires that as soon as practicable Cunningham submit to the Department a brief report giving the approximate number of American claims, the types of such claims, the dates upon which such claims arose, the amounts involved and the action taken in reference thereto.
Castle
[Correspondence on the Far Eastern Crisis is continued in volume IV.]