793.94/4143: Telegram
The Consul at Geneva (Gilbert) to the Secretary of State
[Received February 12—noon.]
81. The Secretary General has just made public the following text of a letter from Yen bearing today’s date:
“With regard to the Sino-Japanese dispute of which the Council has been seized under articles 10, 11 and 15 of the Covenant of the League of Nations, I have the honor to observe that according to article 15, paragraph 9, of the said Covenant it is within the competence of the Council to refer the case to the Assembly. At the same time it is also provided that the dispute shall be so referred provided that such request be made within 14 days after the submission of the dispute to the Council. In view of the time limit imposed the Chinese Government is constrained hereby to request that the said dispute be referred to the Assembly. If, however, it should be the pleasure and intention of the Council to refer the said dispute at its own initiative to the Assembly or in virtue of the general powers vested in it to summon the Assembly for consideration of the dispute, the Chinese Government will then be prepared to withdraw the request on its part.”
The situation created by this action on the part of the Chinese is not yet clear. It is being studied and the Committee of Twelve is meeting this afternoon to consider it.