893.5034 Registration/5: Telegram

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

585. Legation’s 573, July 14, 6 p.m.

I have been informed by the Japanese Legation that a further hearing of the Mitsui case at Shanghai will take place July 30 and that meanwhile the Japanese Chargé d’Affaires has been instructed to make vigorous representations to the Chinese Government, taking the position [that], irrespective of extraterritorial questions, a corporation recognized under the laws of the country of its origin as a legal person is, according to private international law, entitled to sue as a legal person in a foreign country.
Japanese Legation also states that recently there have been similar cases in which the Chinese judge has upheld the position of the Japanese plaintiff. It appears that the judge informed the Japanese Consul that with regard to these cases he would maintain his attitude regardless of the position taken by the Nanking Government; but that with regard to future cases he would require that the consul of the nationality of the foreign plaintiff corporation certify that the [Page 552] plaintiff had the status of a legal person under articles of the country of its origin.
For the Minister: