811.5034 China—Searchlight Publishing Co./33: Telegram

The Consul General at Shanghai (Cunningham) to the Secretary of State

378. This Consulate General’s 365, August 20 [10], 1 p.m., and previous concerning China Forum. This office has received a further [Page 660] report dated August 25 from the Mayor who states that issue of August 13 shows that publication’s attitude has not improved but that “rumors are invented and indignities are offered in a manner worse than before.” Mayor requests that this office “take immediate and drastic measures to curb such activities and inflict a punishment in order that cordial relations may be preserved”.

In view of the opinion of the United States District Attorney that Isaacs’ apparent conduct does not constitute criminal offence under American laws this Consulate General can of course not comply with the Mayor’s request, although the publication undoubtedly had not modified its attitude.

Since the China Forum is published in the International Settlement I would suggest that this office notify informally the police of the International Settlement that the China Forum Publishing Company is not recognized as an American concern by this office and that this Consulate General would have no objection to the police taking administrative action to suppress the publication. This office would of course instruct the police that no action could be taken against the person or property of Isaacs, which are subject only to the due process of American laws. Department’s instructions are requested.

Repeated to the Legation.