893.102S/2269: Telegram
The Consul at Shanghai (Butrick) to the Secretary of State
[Received 7:03 p.m.]
The agreement or modus vivendi in regard to the policing of the western area of Settlement roads at Shanghai mentioned in the Department’s 344, September 10, 6 p.m., to Tokyo, is known as the Fu-Franklin agreement.
[Page 815]To review briefly, the agreement, which was couched in general terms, was signed on February 16, 1940. During the next 2 months discussions of practical details of implementation such as the organization of the joint police force were carried on by the police heads of the Shanghai Municipal Council and the Chinese City Government. An understanding, which the Municipal Council thought to be conclusive because of the participation as an adviser to the Chinese of a representative of the Special Service Section, was reached and a communication embodying this agreement was signed by the Chief of Police of the Shanghai Municipal Council and Colonel Lu Ying, the Chief of the Police Bureau of the so-called City Government on April 25th. No reply was received until July 13th when the Secretary and Commissioner General of the Shanghai Municipal Council received a letter from “mayor” [Fu] proposing a considerably altered arrangement. Owing to the absence of the Commissioner of Municipal police on holiday, it was deemed advisable to delay consideration of that letter until his recent return. It was found that it contained at least six material points of difference. As he felt that a reply to the letter would not bring about the desired results, the Secretary and Commissioner General took the matter up informally with the Japanese Consul General and one of the Japanese councilors of the Shanghai Municipal Council. Following their suggestion, the Secretary and Commissioner General yesterday replied to Fu’s letter and suggested a further conference between the police authorities to iron out the divergent views.
However, since implementation of the original Fu-Franklin agreement will mean an improvement of the position of the Municipal police in the western area and the giving to them of more power than they are at present able to exercise there, certain officials of the Municipal Council doubt whether the Japanese intend to permit the carrying out of the agreement. Japanese forces (gendarmes) are garrisoned in the area and are likely to remain. I have requested the Secretary and Commissioner General to keep me fully and currently informed of developments and he has agreed to do so.
Sent to Tokyo; repeated to Department, Chungking and Peiping.