893.51 Con-Ob/46

The American Embassy in Japan to the Japanese Ministry for Foreign Affairs

No. 1357

The American Embassy presents its compliments to the Japanese Ministry of Foreign Affairs and, acting under instructions from its Government, has the honor again to bring to the attention of the Ministry the claims of certain American concerns against the Peiping-Suiyuan Railway, as well as other claims of American concerns against the same Railway which were presented to Japanese officials in China in the past.

For ready reference the American Embassy gives below data relating to the various claims referred to and the dates on which they were presented to the Japanese authorities:

American Locomotive Sales Corporation, 30 Church Street, New York;

In notes dated November 7, 1936 [1938], and July 27, 1939, numbered 1112 and 1340, respectively,54 the claim of the abovenamed Company was brought to the attention of the Japanese [Page 850]Ministry of Foreign Affairs. This matter was also taken up by the American Embassy in Peiping with the Japanese Embassy in that city in communications dated April 15, 1939, and August 7, 1939.56

Chinese Engineering and Development Company, Incorporated, Tientsin;

The claim of this Company was brought to the attention of the Japanese Ministry of Foreign Affairs in Tokyo, in a note dated November 7, 1938, no. 1113.57

General American Car Company—W. W. Fowler;

Written representations were made by the American Embassy at Peiping to the Japanese Embassy in the same city under date of September 22, 1938, and December 30, 1938.56

Robert W. Hunt and Company, Engineers;

In a note dated November 7, 1938, no. 1114,57 the claim of the above Company was presented to the Japanese Ministry of Foreign Affairs, Tokyo.

United States Steel Products Company;

In a note dated March 15, 1939, no. 1215,57 the claim of the above Company was presented to the Japanese Ministry of Foreign Affairs in Tokyo.

Standard Vacuum Oil Company;

Written representations were made by the American Embassy in Peiping to the Japanese Embassy in that city in a communication dated February 17, 1938.57

Andersen, Meyer and Co. Ltd.;

Written representations were made by the American Embassy in Peiping to the Japanese Embassy in that city in a communication dated April 13, 1938.57

Up to the present the American Embassy has not received any indication that the Japanese authorities contemplate settlement of these indebtednesses, although the American Embassy in Peiping has received from the Japanese Embassy in that city a note dated March 7, 1939,57 to the effect that the matter had already been brought to the attention of the appropriate Japanese authorities and that a further request would be made to the same authorities for favorable consideration of the question of this indebtedness.

In accordance with its instructions, the American Embassy expresses the hope that the appropriate Japanese authorities will, in compliance with the request of the Japanese Embassy in Peiping, immediately give such favorable consideration to the question of these claims as will result in the prompt resumption of the payments due monthly to these American firms. At the same time the American Embassy desires to record on behalf of the American Government a general reservation of all of the rights of the American firms concerned arising out of the action of Japanese agencies in China or of a Japanese Government-controlled and directed Company operating [Page 851]in China in assuming control of and operating the Peiping-Suiyuan Railway.

Furthermore, in view of the reports now circulating to the effect that the North China Transportation Company, another Company controlled and directed by the Japanese Government, intends to “take over the work of the South Manchuria Railway in the administration of railways and other means of transportation and communication in North China”, the American Embassy is also constrained to record on behalf of its Government a similar reservation of rights of American creditors of any of the railways which may be taken over, administered, or operated by the North China Transportation Company, or any other agency owned, controlled, or directed by the Japanese Government.

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