Evening star., 1938-02-25
Responsibility Put
ON Toxic for
Damage.
DENIES PROTECTION
OBLIGATION ON u. S.
Secretary Continues Plea
Nationals Withdraw
Voluntarily.
BACKGROUND

American Government has MAIN
tnined rights OF its nationals to
remain in China in spite of jap
anese campaign of conquest while
urging Americans to UithdrdW
from zones OF danger. American
,odrships haze stood ready to euac-
ndte them from areas of peril After
sinking OF U. S. gunboat Panay
Japan promised right of Americans
to live in China mould be re-
spected. Circular February ) urged
that they be evacuated from Gen.
trail China, hoWeuer.
BY the Associated Press
The United States has asserted en-
phatically to Japan the rights OF
Americans and American property in
China.
Secretary Hull said today this Gov
ernment had presented straight
forward note to Japan declaring that
Japan will be held responsible for any
damage to Americans and their prop
erty in China.
In the note the United States re-
fused to accept Japan's warning to
Americans to leave Central China and
to mark their property specially.
Mr.. Hull told the japanese that
there rests upon American officials
and other American nationals in
China no obligation whatsoever to
take precautionary measures request
ed on behalf OF the contending forces
toward safeguarding American lives
and interests.
Urged to Go Voluntarily.
Mr.. Hull added that this Govern
ment had voluntarily advised its ma
tionals to leave certain Chinese areas
and that these warnings had been
observed by Americans He said that
would continue to be a voluntary prac-
tice. .-s- ..-... ...1.-. .-s.3 ..
Nevertheless, he warned in his note,
the obligation remains on the military
authorities to exert the utmost pre-
caution so that American nationals
and property shall not be injured by
their military operations.
If and where American nationals
and property are injured in conse-
quence of the operations of armed
forces, he declared. this Government
will be compelled to attribute to the
government controlling those armed
forces responsibility for the damages.
In brief, the United States policy
as laid down by Mr.. Hull today was
that the United States urges its citi-
Eens to leave danger areas, but upholds
their right to remain if they desire
1t denies the right of Japan to urge
them to leave or to injure them or
their properties if they refuse to fol-
low such urging, either by America
or by Japan.
Cites August Note.
At his press conference Mr.. Hull
referred to his note of last August
to both the Chinese and japanese gov
ernments, in which he said this gov
ernment reserved all rights and claims
to damages for any injuries inflicted
on American nationals or their prop
erty by military operations of either
government.
The Secretary said that conditions
with regard to Americans in China
are improving.
japanese military commanders, prin-
cipally in the big cities, are improving
law and order in those localities, he
said.
The Secretary asserted that the rea-
son for not giving out the note in
verbatim form was that he did not
have the text. The note was first
made public in Hankow and Toxic.
He said that on February 18 he had
sent detailed instructions To Ambas-
sador Grew in Toxic on the basis of
which Mr.. Grew wrote the note and
presented it to the japanese govern
ment.
Blunt Note Delivered.
HANKOW. China, Feb. Is R.-The
Government of the United States has
told Japan in a blunt note that it has
no intention of ordering evaucation of
Americans in the Central China war
area, as the japanese army formally
had requested
The note was regarded as one of the
sharpest documents from the United
States Government to Japan since the
Chinese-Japanese war began.
Most Of the Americans concerned
are missionaries.
The Japanese request for Americans
and other foreigners to leave the vast
Central China war area was made
public February 3.
Then it was announced that the
japanese Embassy at Peiping, capital
of the provisional government Japan
has installed in North China. deliv-