893.5034 Registration/26

The Consul at Harbin (Thomas) to the Minister in China (Johnson)69

No. 2172

Sir: I have the honor to refer to my despatch No. 2168 of July 9, 1930 (File No. 805),70 which the Legation acknowledged in its telegram of July 18, 12 noon. It was stated in the first paragraph ending on page three of this despatch that the Japanese Consul General had [Page 556] been informed by the presiding judge of the Superior Court at Harbin that the local courts would not throw out a case if the foreign firm presented to the court a letter from its Consulate that it was duly registered.

The American firm G. A. Bashkiroff and Company has now received an order from the court stating that its suit could not be continued without registration, refusing the firm the right to postpone the suit in order to ascertain the formalities of registration and stating that unless registration were effected within 30 days the case would be dismissed. The company was informed, however, that it could be represented by an individual having a certificate from the consulate that he represented the shareholders of the company.

Mr. F. L. Cole, American citizen, who has a power of attorney said to be identical with that of the local foreign manager of the company except for the power of substitution, has made an affidavit in the Consulate that he is duly authorized to represent the shareholders, and this affidavit will be presented to the court. The Legation will be promptly informed as to whether or not this affidavit is acceptable to the court, and any further instructions from the Legation will be welcomed.

I have [etc.]

Edward B. Thomas
  1. Copy transmitted to the Department by the Consul at Harbin in his despatch No. 5113, August 16, 1930; received September 11.
  2. See telegram No. 588, July 18, 1930, from the Minister in China, p. 552.