393.1121 Smit, Albert H./26: Telegram

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

252. Your 122, April 5, noon.16 Smit case stands now as follows: Smit paid $300 solatium. He has not paid fine so far as I know. I believe he has returned to his district. District Attorney was making investigation but up to the time I left he had not been able to find sufficient evidence to warrant proceeding against Smit, interested Chinese witnesses being boat people and having gone about their affairs. Local authorities canceled Smit’s license to operate motorcar. I believe this to be within their power and have made no objection. I do not propose to intercede on the behalf of Smit to obtain new license.

I informed Foreign Minister orally that we did not recognize jurisdiction of court and that I had informed Smit that he did not need to pay fine. I do not believe Smit will suffer further difficulties. I consider case closed unless Chinese attempt to force Smit to pay fine, in which I shall of course have to intervene.

It is my present intention to leave Peiping for Nanking about May 3rd. I desire to take with me private secretary and Denby as before. Margetts, new Military Attaché, will also accompany me as I desire to afford him opportunity to get acquainted with Nanking officialdom.

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