793.94/2853: Telegram
The Chargé in France (Shaw) to the Secretary of State
[Received November 23—9:38 p.m.]
790. From Ambassador Dawes: Final subparagraph under paragraph numbered 5 of proposed resolution as transmitted in my 780, November 22, 12 p.m., now reads as follows:
[“]The Governments of China and of Japan will each have the right to nominate one assessor to assist the commission. It is understood that should the two parties initiate any negotiations these would not fall within the scope of the terms of reference of the commission nor would the commission interfere with military measures taken by either party.”
The following new final subparagraph has been added to paragraph numbered 5:
“It is further understood that the appointment and deliberations of the commission are not to be regarded as any ground for delaying the withdrawal by the Japanese troops within the railway zone as laid down in paragraph 1 of this resolution.”
Above amendments are result of this morning’s private meeting of Council members (see my telegram 784, November 23, 4 p.m.) and the resolution so amended has been communicated by Briand to Sze who has agreed to transmit it to his Government but who expresses no hope that it will be accepted. [Dawes.]