893.512/678: Telegram

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

Your September 26, 4 p.m. In view of the plea filed by Dollar and Company and decision of Commissioner thereon and bearing in mind that the Department has no authority to compel godown keeper to release cargoes have you any assurance that action recommended in paragraph 7 of telegram under acknowledgment would be effective to release goods stored in American godowns.

If American godown keepers should refuse to release goods on your certificate would that refusal affect decision of Foreign Consulates to release goods stored in Foreign Godowns on your certificate.

If your certificate were to be respected only by Foreign godown keepers would not that fact result in diverting to foreign shipping companies all of the China trade in tobacco and liquors.

Does Longfellow and Adams contemplate appeal from Commissioner’s decision that court has no jurisdiction.

[Page 417]

In view of Commissioner’s decision the Department considers that his comments on the merits have no bearing on the case.

Carr