793.003/558: Telegram
The Minister in China (Johnson) to the Secretary of State
Peiping, March 14, 1931—11
a.m.
[Received 11:50 a.m.]
[Received 11:50 a.m.]
131. Department’s 92, March 9, 7 p.m.
- 1.
- Copies of Yunnanfu’s despatch No. 14, December 30, 1930, transmitted in the pouch leaving today.62 Page 3 of despatch stated that chief judge and the procurator of the Yunnan High Court frankly admitted they were under instructions from the Ministry of Justice, Nanking, to give no further judicial recognition to the extraterritorial provisions of the Sino-American treaties; that they have been ordered to deal with all mixed cases strictly in accordance with new laws and procedure of the National Government and that Chinese law gives court authority to try Americans on criminal charges. Stevens63 reported he was engaged in compiling report on present conditions and working of judicial machinery of Yunnan Province and that he would submit report64 as soon as possible after visiting local courts and prisons and interviewing members of the Chinese legal profession.
- 2.
- It appears that Stevens in efforts to obtain information requested by Department in second paragraph of its instruction No. 264, September 26, 1930, to the Legation,64 informally discussed matter with Yunnan judicial authorities. It is believed that his informal inquiries may lead to interesting disclosures as to exact nature of instructions which have emanated from Nanking in reference to control to be exercised by Chinese courts throughout China over foreigners having extraterritorial rights.
- 3.
- Legation is preparing Consular circular in accordance with paragraph 2 of Department’s telegram under acknowledgment.
For the Minister:
Perkins