893.76/73

The Chief of the Division of Far Eastern Affairs (Hamilton) to the Vice President and General Manager of R. C. A. Communications, Inc. (W. A. Winterbottom), of New York

My Dear Mr. Winterbottom: The Department has received your letters of January 17 and 18, 1938,30 on the subject of the relations of your company with the Japanese military authorities at Shanghai.

We can well understand your difficulty in reaching a decision with [Page 246] respect to the course to be followed in the complicated situation existing at Shanghai, but we have necessarily taken the position that the interested American radio and cable companies must make their decisions upon their own responsibility. As of possible assistance to you, however, we offer the comment that, from a legal standpoint it appears that any agreements with the Japanese for the operation of the Chinese radio stations at Shanghai which do not receive official Chinese approval must be viewed simply as a de facto temporary arrangement, without legal basis, to meet a de facto situation. As Colonel Davis, of your company, has been informed, the Department’s attitude in general is that it would not wish to interpose objection to temporary de facto arrangements which it might be necessary or advisable to work out in order to maintain communications but that there could be no implication of official American participation in the arrangements made.

We note that your Vice President in Shanghai, Mr. George F. Shecklen, is in close touch with the American Consul General there and is seeking to obtain observance by the Japanese military authorities of your agreements with the Chinese Ministry of Communications. We feel confident that Mr. Gauss will render all appropriate assistance in the matter.

Sincerely yours,

Maxwell M. Hamilton
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