893.711/35: Telegram

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

372. My 362, May 8, 5 p.m.66 Following from American Consul General at Shanghai:

“May 9, 4 p.m. The North China Daily News & Herald has requested Dollar Steamship Company’s permission to deliver aboard their mail steamers packages containing their journals fully addressed for delivery in Hong Kong, Manila, Japan and American ports. The postage will be fully prepaid by affixing Chinese stamps to the packages. I have informed the company that I do not know of any legal reason for refusing to accept packages, but since their property is located within Chinese territory it is particularly vulnerable, and, therefore, the company should determine whether the [Page 762] acceptance would be practicable or not. It is an established practice to receive mail aboard their mail steamer with postage fully prepaid, and even to accept it at their office after the postoffice is closed for posting aboard ship. Are my actions approved?”

I am replying as follows:

“May 10, 4 p.m. Your 74, May 9, 4 p.m.

With respect to the legal questions involved in the request made of the Dollar Company that it receive these journals, in the circumstances described, the Legation is of the opinion that you should have referred the company to their legal advisers. With respect to advisability of complying with such a request apart from the question of there being any legal obstacle or obligation in the matter, the Legation is of the opinion, especially in view of the absence of any American interest requiring protection, that you should inform the company that the matter is one entirely for their own decision and that you cannot undertake any responsibility or give any advice in connection therewith.

Your telegram and the Legation’s reply are being transmitted to the Department for such comment as it may desire to make.”

MacMurray
  1. Telegram in two sections.
  2. Not printed.