493.11/1407: Telegram

The Secretary of State to the Minister in China (MacMurray)

408. Department’s 329, September 29, 2 p.m.

Reply dated December 5 received from Treasury. Penultimate paragraph quoted below for your guidance:

“The Joint Resolution of May 21, 1924,31 authorized the remission to be made by the President, in his discretion, and at such times and in such manner as the President shall deem just. The Executive Order of July 16, 1925, refers specifically to certain correspondence and the receipt by the Department of State of a copy of the constitution of the Board. It seems clear, therefore, that the arrangements for the remission were made on the basis of a mutual understanding [Page 555] between the two governments and that no changes should be made therein without the consent of both parties.”

For your confidential information Department quotes also last paragraph Treasury letter as follows:

“In the circumstances, therefore, the Treasury does not believe that further remissions should be made except in accordance with the procedure heretofore established or an appropriate modification of the Executive Order of July 16, 1925, with respect to which no opinion is expressed.”