Foreign Relations of the United States, Diplomatic Papers, 1939, The Far East; The Near East and Africa, Volume IV

393.1123 Nyhus, Phoebe/112: Telegram

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

Washington, September 23, 1939—3 p.m.

365. Your 836, September 19, 7 p.m.⁶³ You may inform the Japanese Consul General that after careful consideration of the individual cases in the light of international precedents in analogous cases it was considered that the following amounts would be reasonable and suitable: (a) for death of Phoebe Nyhus $2500; (b) for injuries sustained by Mrs. Nyhus $2500; and (c) for injuries sustained by Ruth Nyhus $10,000.

With reference to the case of Ruth Nyhus it is suggested that you advise the Japanese Consul General of the contents of the medical reports of Dr. Colberg, the Norwegian Hospital, Dr. Caylor, and the Surgeon General of the United States which are referred to in the Department’s air mail instruction of August 18, 1939.⁶³

With reference to Mrs. Nyhus you may state that according to the latest information received by the Department her injuries and condition as of May 22 may be summarized as follows: one wound near top of head which has healed leaving a scar and also bruises about the head and face; swollen ankles and knees resulting in severe pain which did not begin to disappear until after a lapse of some 7 months, at which time her condition was regarded as critical and it was believed that her incapacity would continue for a considerable period thereafter and possibly necessitate her return to the United States.

With reference to the claims for property losses it is suggested that you point out that in its communication of November 12 to the American Embassy at Peiping the Japanese Embassy stated that Japanese military authorities had indicated “their desire for the offer of a certain amount of solatium for the victims and damages” (See Peiping’s despatch no. 1789 of November 18.⁶⁴) In view of that statement and since prior thereto Japanese authorities had made settlement of certain claims of other American missionary organizations for losses sustained as a result of bombing by Japanese planes the Department assumed that they desired to make similar settlement in this case. In expressing appreciation of the offer to make prompt settlement of the death and personal injury claims here involved you may state that it is hoped that Japanese authorities will also be prepared to settle at this time the property loss claims in order that all matters arising out of the incident may be regarded as closed.

Sent to Shanghai. Repeated to Chungking, Peiping and Hankow. Shanghai please mail to Tokyo.

Hull

63. Not printed.
63. Not printed.
64. Not printed; but see telegram No. 680, November 15, 1938, 3 p.m., from the Counselor of Embassy in China, Foreign Relations, 1938, vol. iv, p. 536.