793.94 Commiasion/567: Telegram
The Consul at Geneva (Gilbert) to the Secretary of State
[Received November 28—12:45 p.m.]
340. Consulate’s 339, November 26, 10 a.m. Council this morning voted unanimously (Japan abstaining) to refer the Sino-Japanese dispute to the Assembly. The Japanese representative in a letter addressed to the President of the Council said that according to instructions received from Tokyo the Japanese Government maintained the reservation which it had made on previous occasions with regard to the application of article XV of the Covenant. He added that his Government had confirmed the opinion which he had expressed on this subject at the last meeting of the Council.
The President then thanked the members of the Commission of Inquiry for their assistance and added that should the Assembly desire to obtain from the Commission further information or explanations of the report the Assembly could always by a special resolution recall the Commission. The Japanese representative maintained the reservation made at the previous meeting of the Council concerning the existence of the Commission. Competent officials of the Secretariat interpret [Page 372] this action as tantamount to putting an end to the existence of the Lytton Commission. The phraseology of the President is admitted not to be clear and it is understood that it was intended that he should use the word “reconstitute” rather than “recall”. The reference to possible Assembly action respecting the Commission has obviously constitutional difficulties but it was added as a compromise to satisfy certain members of the Council who wish to feel that the Commission could be called upon if desired.
The consensus of opinion seems to be that the dissolving of the Commission is a sound move as it gives the report a more definite status than if it remained open to modification.