793.003/545: Telegram

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

101. Department’s 409, December 7, 6 p.m., 1929;42 and [Legation’s] 52, March [February] 3, 6 p.m.43

Following from American Consul at Yunnanfu:

“February 27, 5 p.m. Following received by me on February 19th from the Yunnan delegate of Ministry [for] Foreign Affairs:

‘With reference to your verbal inquiry as to the procedure to be followed in mixed cases, I have the honor to inform you that I have ascertained from the high court of justice that such cases will be governed by the procedure ordinarily applying to purely Chinese cases without distinction.’

I interpret this to mean that American[s] may seek redress or be proceeded against in magistrates’ courts as well as higher tribunals and that consular jurisdiction under the treaties is no longer recognized in this Province; however, no mixed cases are now pending before any court and it is not likely that any efforts [will be made?] by Chinese to take jurisdiction over American defendants for the time being. I have acknowledged the foregoing, reserving the right to protest.”

For the Minister: