Evening star., 1938-02-13
Text of Protest Reply
japanese Declare Measures Have Been Taken
to Safeguard american Right, and
Interests in China.
Ey the Associated Press.

Ey the Associated Press.
TOXIC, Feb. l2.-The following Is
the text Of the note handed to United
States Ambassador Joseph c. Grew
today by Foreign Minister Koki Hirota
replying to q protest regarding in
fringements on American interests in
China:
The Japanese government stead
fastly have pursued their policy, as
repeatedly declared on various occa-
sions. Of respecting as far as possible
the rights and interests in China of
the United States and other third
powers.
In view of the unfortunate incident
that occurred last December (sinking
Of the United States gunboat Panay),
they have again issued, as your excel
lency knows by my note Of December
"a, most strict orders to Japanese au-
thorities in China to devote attention
still more closely than before, to the
matter Of those rights and interests.
1t is therefore with the profoundest
regreat that despite these steps taken
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have received the aforementioned
note Of your excellency.
Circumstances Revealed.
Orders were Immediately sent to
japanese authorities on the spot to
conduct thorough going investigations,
as result of which the following cir
cumstances have so far become clear:
In Marking, various cases have been
found which are considered as having
occurred on account of inadequate
control in the city due to unavoidable
insufflciency of the force detailed to
the duty of protecting the rights and
interests of third powers as we'll as
to general police purposes, the in
sufflciency being caused by frequent
movements Of troops to the front lines,
the shifting of units and the work
OF clearing the city of remnants of
defeated Chinese forces and Of law
less Chinese elements.
The Japanese government, there
lore, have once more dispatched rigor-
Gus instructions on January IS and
January 20 with the object Of making
their aforementioned orders thor
oughly understood by all the authori-
ties concerned, and, in the meantime,
the highest command of the fighting
services have with extraordinary con-
Germ been doing their utmost for sat-
lsfactory settlement of the affairs in
question by causing the authorities on
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case as clearly and promptly as pos
sible and then deal appropriately with
the responsible parties according to
military law and to make restitution
for damages.
Seek to Establish Facts.
AS there remain certain points re-
Qulring further investigation, foreign
ONCE authorities and army officers on
the spot now earnestly are endeavoring
to establish the facts in each case.
AS regards compensation for loss and
damage. 1t is the intention of the
Government to let such matters be
settled as far as possible on the spot
and for this purpose they have been
maintaining intimate contact with the
American authorities there.
trust that your excellency is al
ready aware Of these matters.
Regarding Hangchow, japanese
forces which occupied the city Deem
Der 20, found their supplies from the
rear temporarily cut and they were
obliged to obtain provisions on the
spot which necessarily had to be
requisitioned owing to the plight Of
the inhabitants.
Prior to their entry into Hangchow,
Japanese military authorities had Civ
en- strict instructions to the COM
manders OF all units regarding the
protection Of the rights and interests
OF third powers and, furthermore, at
the time Of their entry, they sent
genoarmes to post notices on buildings
belonging to nationals of third pow
ers in order to insure their protec-
ton.
Nevertheless, in view of the fact
that requisitioning provisions had to
be effected at night, with fighting still
in progress, they might have failed to
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furthermore, by reason of the fact that
buildings Of third powers were inter-
mingled with those of Chinese and
that there were no owners to be found
in the houses in question, it is possible
that some requisitioning squads made
mistakes in identifying these objects.
Looting Charged by Chinese.
At the same time, the fact should
be noted that there were at the time
numerous cases Of looting and de-
struction committed by the Chinese
rabble, taking advantage of the preva-
lent confusion.
The difficulty of ascertaining the
facts in circumstances such as these
can easily be understood.