494.11/38
The Consul General at Tientsin (Caldwell) to the Secretary of State
[Received November 29.]
Sir: I have the honor to enclose a memorandum dated October 20, 1937,97 reporting the statements made orally by a Japanese consular officer to Vice Consul Stone concerning the responsibility to be accepted by the Japanese Government for damages inflicted by the Japanese military to the property of American nationals in China, and the method for settling claims for which the Japanese accept responsibility.
According to these statements, the Japanese will not consider claims for damages that are the direct results of hostilities, such as Japanese bombing or shelling; but claims for damages indirectly due to the hostilities, such as the commandeering of motor vehicles and junks, the taking over of buildings for barracks, etc., may be settled by the Japanese Consulate General here through negotiations either direct with the claimants or through this office.
The Japanese consular officer stated that this subject had been under discussion between the Japanese Foreign Office and the American, British and French Embassies in Tokyo.
As of possible interest in this connection, there is enclosed a memorandum97 outlining the more important American claims for damages [Page 373] due to the present hostilities which have been presented to the Japanese Consulate General, and concerning which the assistance of this office has been requested.
It may be stated in this regard that I have found the officers of the Japanese Consulate General engaged in this work cooperative in their attitude towards claims taken up through this office, and, while delays have been experienced in some cases, they are believed to have been due to the great number of claims presented for settlement, and, possibly to a certain lack of cooperation on the part of the military.
Respectfully yours,