393.115/202: Telegram
The Ambassador in China (Johnson) to the Secretary of State
[Received 11:45 a.m.]
132. Following inquiry has been received from Tientsin:
“February 26, 10 a.m. Does paragraph 7 of circular February 21, 4 p.m.74 apply [to?] claims for loss of American property looted by civilians in areas where usual civil authorities are unable to function because of hostilities?”
In the Embassy’s opinion in instances where the local police authorities are forced to abandon their duty and the area formerly under their control is occupied by military force [the latter?] might reasonably be held responsible for damages inflicted by local civilians upon American property located within that area. This opinion is based upon the assumption that the occupying military force having seized control is responsible for the maintenance of law and order and protection of civilian property and life.
In circumstances as set forth in Tientsin’s telegram quoted above, it would appear logical to have claimants file claims which could then be presented to the Government whose military force was in control of the area within which and at time the damage occurred. The Department’s instruction[s] are requested.