393.1163 Property/114

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

No. 1680

Sir: The receipt is acknowledged of the Legation’s despatch No. 3511 of April 11, 1935,56 forwarding correspondence exchanged with Nanking office of the Legation on the subject of “Expropriation of land and registration of American educational institutions with the Chinese authorities”. It is noted that the Nanking office’s despatch, in reporting, as a matter of record, that the question of the construction by the municipal authorities of a road across the property of Ginling [Page 817] College was on the point of being amicably arranged between the college and the municipal authorities, points out that there are three questions involved in this case which may at a later date require answers, namely, (1) the right of the municipal government to expropriate land for resale to other parties; (2) the question whether an educational institution registered with the Ministry of Education and therefore under Chinese rather than American control is a Chinese legal person, even though its financial support is derived from the United States and the property it occupies belongs to an American board of founders; and (3) the degree of diplomatic assistance which such an institution is entitled to receive from the American Government. It is noted further that the Legation in its instruction of April 11, 1935, to Nanking, has set forth its views in regard to these questions.

The Department fully approves the Legation’s instruction to Nanking and is of the opinion that pending the submission of a concrete case requiring action on the part of this Government no useful purpose would be served by further discussion.

Very truly yours,

For the Secretary of State:
R. Walton Moore
  1. See footnote 54, p. 815.