793.94/3688: Telegram

The Consul at Geneva (Gilbert) to the Secretary of State

50. Consulate’s 48, January 28, 4 p.m., paragraph 2.

Yen is this morning addressing the following letter to the Secretary General. He is taking this action without awaiting a public meeting of the Council which is at present set for this afternoon.

“Under instructions from my Government I have the honor hereby to give notice as follows:

1.
A dispute between two members of the League of Nations, to wit: China and Japan, arising from the aggression of the latter against the territorial and administrative integrity and political independence of the former in violation of the provisions of the Covenant of the League of Nations, exists.
2.
This dispute has not been submitted to arbitration or to judicial settlement in accordance with any of the articles of the Covenant.
3.
The said dispute has now reached a stage when it is likely to lead to an immediate rupture between China and Japan.
4.
China hereby invokes the application (not in derogation of the measures taken or which may be taken by the League in the exercise of its functions under article 11 but in addition thereto) both of article 10 and of article 15 of the Covenant to said dispute and formally submits the said matter to the Council for all appropriate and necessary action under both of said articles.
5.
For this purpose China begs leave to refer to, and hereby adopts as and for the statement of its case comprising the relevant facts and papers in relation to said matter, all the statements and papers heretofore made and submitted by China in the proceedings of the Council taken in said controversy under article 11 of the Covenant from September 18, 1931, to the date hereof.”

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Yen is informing the press of the general nature of this action but is not giving the press the text of his letter.

Gilbert