393.115 Foster-McClellan Company/1

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

No. 2179

Sir: I have the honor to enclose copies of six despatches from the American Consul in chargé at Mukden, to the Legation,35 in regard to efforts of the Japanese authorities to close the office of Foster-Mc-Clellan Company, an American firm, doing business in the Japanese Railway Settlement at Mukden, such action by the Japanese being in complete disregard of the extraterritorial privileges enjoyed by American [Page 854] citizens throughout China. There is also enclosed a copy of the Legation’s instruction of today’s date to the American Consul in chargé at Mukden.

I have [etc.]

J. V. A. MacMurray

The Minister in China (MacMurray) to the Consul at Mukden (Myers)

Sir: In response to your despatch, No. 231, of May 31, 1929,37 and to previous despatches regarding the efforts of the police authorities of the Japanese Railway Settlement at Mukden to interfere with the business of the Foster-McClellan Company, as conducted in the Railway Settlement, I beg leave to inform you that this matter has been the subject of informal personal representations addressed to the Japanese Legation here, in the hope of bringing about a satisfactory adjustment of the matter without formally reopening the general question of the rights of the Japanese authorities in the Railway Settlement at Mukden. This phase of the matter was tactfully brought to the attention of the Japanese Legation, which in reply stated that it would address prompt inquiries to the Japanese Consul General in Mukden, since it was possible that there had been some misunderstanding.

A copy of an informal note of today’s date, addressed to Mr. Eiji Amau, First Secretary of the Japanese Legation, by Mr. Spiker of this Legation, is enclosed38 for your information. It is hoped that the informal representations made will prove sufficient to bring about the cessation of the efforts of the Japanese police to interfere with the legitimate business activities of the Foster-McClellan Company in Mukden. However, in the event that this does not prove to be the case, the Legation will give further consideration to the suggestions contained in the last two paragraphs of your despatch, No. 213, of April 25th, to the Legation,37 namely: that your office make reply to the Japanese Consul General in the general sense of the Department’s instruction to the Legation, No. 992, of June 3, 1919,39 relative to previous efforts of the Japanese to exercise authority in the Japanese Railway Settlement in Mukden in disregard of the extraterritorial privileges enjoyed by American citizens in China.

A copy of your despatch under acknowledgement and of your previous reports concerning this case have been transmitted to the Department, together with a copy of this instruction. A copy of my transmitting despatch to the Department is also enclosed.

I am [etc.]

[File copy not signed]
  1. None printed.
  2. Not printed.
  3. Not found in Department files.
  4. Not printed.
  5. Foreign Relations, 1919, vol. ii, p. 449.