393.1123 Nyhus, Phoebe/107: Telegram

The Acting Secretary of State to the Consul General at Shanghai (Gauss)

298. Your 282, April 15, 1 p.m., and Department’s 127 April 22, 1 p.m. regarding settlement of claims arising out of bombing of Tungpeh on October 24, 1938. It is suggested that a communication be addressed to the Japanese Consul General in which, after referring to his statement of April 14 to the effect that he had been instructed by his Government to take up with you the matter of a settlement of claims arising out of the above-mentioned bombing, it be stated that [Page 371] as a result of careful consideration of all available information and evidence relating to the nature and extent of the personal injuries sustained by members of the Nyhus family and the extent of property losses and damages sustained this Government has reached the conclusion that the sum of $17,698.80 (seventeen thousand six hundred ninety eight dollars and eighty cents) United States currency would constitute reasonable and suitable compensation for the losses and damages sustained. This sum may be itemized as follows:

(a) For the death of Phoebe Nyhus and personal injuries sustained by Ruth Nyhus and Mrs. Nyhus $15,000  
(b) For damage to and destruction of Lutheran Mission property 2,646  
(c) For personal property losses of Reverend Nyhus 52.80

It is suggested that a statement be included to the effect that if your understanding regarding the Japanese Consul General’s authority to settle the matter is incorrect you desire to be so informed promptly in order that the matter may be taken up at Tokyo.

The Department would appreciate your actively pursuing the matter with a view to effecting an early settlement.

Repeated to Chungking, Peiping and Hankow.

Welles