893.00/4–1048: Telegram

The Ambassador in China (Stuart) to the Secretary of State

713. National Assembly today elected Generalissimo first constitutional President of China by vote of 2430 to 269. Assembly yesterday passed temporary rebellion suppression authorizing President to take emergency measures free of restrictions imposed by articles 39 and 43 of constitution, but subject to veto of Legislative Yuan under procedure prescribed article 57, section 2. If end of rebellion suppression period not proclaimed prior December 25, 1950, special meeting of Assembly to be called to consider extension of act.

Effect of act is to permit President in conjunction with Executive Yuan to issue emergency decrees at any time without prior concurrence of Legislative Yuan, but subject to revision or revocation by two-thirds majority vote in Legislative Yuan. From what is known of composition of newly-elected Legislative Yuan it appears very unlikely that two-thirds majority could ever be mustered against a decree of the executive, so that act in effect gives President practically unlimited power.

Stuart