893.05/170: Telegram
The Secretary of State to the Minister in China (MacMurray)
[Paraphrase]
Washington, October 15, 1929—5
p.m.
335. Reference your 876, October 10, 9 a.m., and 875, October 9, 8 p.m.
- (1)
- While the Department does not desire being committed to the position that the only solution acceptable for the court question in the International Settlement would be Scheme A, you are authorized to join your interested colleagues in its proposal to the Chinese Government.
- (2)
- Referring to your 876, the Department makes the following
observations for your consideration:
- As to paragraph 3: Because it might happen frequently that unanimous agreement would not be arrived at, it might be preferable to have a provision for decisions of the court to be by a majority of its three judges, with the foreign judge concurring therein.
- As to note 2: It would appear advisable, in defining the court’s jurisdiction, for claims to exemption from such jurisdiction to be based upon treaties in force, in doubtful cases with the presumption being in favor of Chinese jurisdiction.
- As to note 4: The 3-month period, prior to which a case should be placed before another panel, seems to be too long, particularly if the unanimous-decision principle finally is adopted.
- As to note 9: The question of employing prisoners appears to be irrelevant to the court’s organization.
Stimson