the trade of any other part of China. Such trade is, in international contemplation, Chinese trade, regardless of the nationality or place of domicile of the producers or distributors. Any concessions made in regard to it would fall within the scope of the most-favored-nation provisions of the treaties to which the country making the concession is a party. 6. Following is the substance of a telegram dated July 23, 9 a. m., from Chargé d'Affaires at Tokyo: "Several days ago I informally asked Baron Shidehara 75a if there was any truth in the newspaper reports that the Japanese Government contemplated any change in the status of the South Manchuria Railway Zone and he said he did not know but promised to look into the matter; today he told me there was no truth in these reports. He said also that the Japanese Government did not intend to insist, in connection with the negotiations now going on in London, that for tariff purposes the South Manchuria Railway Zone be assimilated to Japanese territory." Department hopes this is a correct statement of the situation. GREW FINANCIAL SETTLEMENT BY JAPAN FOR THE FATAL SHOOTING OF LIEUTENANT WARREN H. LANGDON, U. S. NAVY, AT VLADIVOSTOK BY A JAPANESE SENTRY, JANUARY 8, 1921 494.11 L 25/4 76 The Secretary of State to the Chargé in Japan (Wilson) No. 170 WASHINGTON, March 19, 1923. SIR: The Department desires that you take up at once with the Japanese Government the matter of pecuniary reparation for the unlawful killing of Lieutenant W. H. Langdon, engineer officer of the U. S. S. Albany, who was shot by a Japanese sentry at Vladivostok, Siberia, while returning to his ship on the night of January 8, 1921, the injury resulting in the death of the officer on the following day. The complete story of the tragedy is told in a communication of the American Consul at Vladivostok of January 22, 1921, to the American Chargé d'Affaires ad interim, Tokyo, Japan, as follows: "Lieutenant Langdon was returning to ship on the sidewalk opposite from Japanese Division Headquarters on Peter-the-Great Street at about four o'clock in the morning of January eighth. Owing to the street being very steep, and the sidewalk terraced, and quite slippery with ice, Lieutenant Langdon was using his electric T5 Japanese Minister for Foreign Affairs. For previous correspondence regarding the shooting of Lieutenant Langdon, see Foreign Relations, 1921, vol. п, pp. 354 ff. hand lamp during the entire descent, in accordance with the general practice of the American naval officers here. Lieutenant Langdon passed beyond the front of Division Headquarters and was near the turn of the street when a sentry ran across the street, pursued Lieutenant Langdon, and stopped about six feet in front of and to the left of him at position charge bayonets and said, "Amerikansky?" Lieutenant Langdon said, "Da", and walked on. When Lieutenant Langdon was about six feet ahead of the sentry the sentry fired from his rifle. The ball entered near the middle of the back and passed out through the chest above the heart. After Lieutenant Langdon was shot he turned and fired two shots from his revolver at the sentry, and then returned to ship." The Department is informed that, at the time of his death, Lieutenant Langdon was unmarried, and that his surviving dependent relatives consist of a father and mother; that the mother was prac tically wholly dependent upon him for support, and the father partly so; that Lieutenant Langdon had for four years allotted from his pay a certain monthly sum to his mother and frequently sent home gifts of money; and that the father and mother had no resources other than their own labor and his assistance. Lieutenant Langdon was thirty-two years and ten months old at the time of his death and was a Lieutenant (T) with pay at the rate of $324 per month. According to the American actuaries tables he had a normal expectation at the time of his death of 33.21 years of life, during which his pay and allowances, so this Department is informed by the Navy Department, could be expected to increase to approximately $7000 a year up to the probable time of his retirement, after which his retired pay would be $4500 per annum, under existing laws. This expectation of advancement in rank and pay was practically assured by reason of his efficiency, sterling character and exemplary habits. The Navy Department has submitted a statement to this Department in which are set forth the salient facts pertaining to the service record of Lieutenant Langdon, together with information as to the dependency of his surviving relatives and the approximate loss occasioned to them by his untimely death. The Navy Department concluded that in all the circumstances $40,000 would constitute a just and reasonable reparation. Considering the circumstances under which Lieutenant Langdon was killed, his usefulness, expectancy of life, and financial prospects, and the dependent state of his aged parents, the Department feels that indemnification in the amount of $40,000 would be reasonable. Please present the matter to the Japanese Foreign Office and endeavor to obtain settlement on that basis, keeping the Department informed of developments. I am [etc.] CHARLES E. HUGHES 494.11 L 25/6 The Secretary of State to Senator Henry Cabot Lodge WASHINGTON, August 11, 1923. SIR: I have the honor to acknowledge the receipt of your letter of July 27, 1923," in which you request to be advised of the status of the case of Lieutenant Warren H. Langdon, Chief Engineer Officer of the U. S. S. Albany who was shot by a Japanese sentry at Vladivostok, Siberia, while returning to his ship on the night of January 8, 1921, the injury resulting in the death of the officer on the following day. You state it to be your understanding that the Navy Board recommended reparation in the sum of $85,000. On March 19, 1923, the American Embassy at Tokyo was instructed to take up with the Japanese Government the matter of securing pecuniary indemnity in the sum of $40,000 for the surviving relatives of Lieutenant Langdon to reimburse them for the loss sustained due to his untimely death. Considering the circumstances under which Lieutenant Langdon was killed, his usefulness, expectancy of life and financial prospects and the dependent state of his aged parents, this Department together with the Navy Department felt that the sum of $40,000 would constitute a just and reasonable reparation. The sum of $85,000, so far as I am aware, was never recommended. The presentation of this claim was deferred, pending the settlement, by this Government, of claims presented by the Japanese Government, for the deaths of two Japanese subjects; one, Uratake by name, was accidentally killed by an American soldier in Honolulu, and the other, Saito by name, was killed during the operations of the Mexican Punitive Expedition. Congress appropriated $5,000 to settle the Uratake case, but did not act upon the Saito claim, as it appeared that Saito had been engaged in selling alcoholic beverages. No report has been received from the Embassy at Tokyo with regard to the developments in this case and the Department has requested the Embassy to submit an immediate report as to its present status. The Department will not fail to communicate with you further when this report is received. I have [etc.] "Not printed. CHARLES E. HUGHES 10884-Vol. II-39- -33 494.11 L 25/13: Telegram The Ambassador in Japan (Woods) to the Secretary of State TOKYO, April 1, 1924—2 p. m. 60. Your instruction no. 110, March 4th." As previously reported, I have been urging upon Foreign Office the settlement of Langdon case and today have received a lengthy communication on the subject from the Minister for Foreign Affairs, copies of which will be forwarded in the next pouch. In this note he says: "The Japanese Government have no objection whatever to giving a sum of money to the surviving relatives of Lieutenant Langdon as an expression of their condolence and consolation if so desired by them. If, however, the payment of a considerable amount is now to be demanded by way of indemnification, it would compel us to go back into and discuss the causes and circumstances leading to this unfortunate affair. In that event a considerable length of time will further be required in order to achieve its settlement with the result of this unhappy incident provoking afresh the irritation of public opinion in our two countries. Accordingly the Japanese Government, wholly actuated by a spirit of genuine friendship, proposes to present a sum of $15,000 to the surviving relatives of Lieutenant Langdon as an expression of condolence and consolation with a view to arriving at a speedy settlement of the present case. I beg to express the hope that in full appreciation of the foregoing circumstances, your Government will see their way to accept this proposal." [Paraphrase.] My opinion is that it will be expedient for obvious reasons to accept this offer. WOODS 494.11 L 25/13: Telegram The Secretary of State to the Ambassador in Japan (Woods) WASHINGTON, April 8, 1924—4 p. m. 49. Your 60, April 1, 2 p. m. Before communicating with the Navy Department and Langdon's relatives, Department desires to have your reasons for believing it would be expedient to accept offer. Department does not view with favor any proposed compromise settlement under circumstances carrying any implication that this Government would be unwilling to confront a discussion of this case on its merits. HUGHES "Not printed. 494.11 L 25/15: Telegram The Ambassador in Japan (Woods) to the Secretary of State TOKYO, April 28, 1924—2 p. m. 86. Department's 49, April 8, 4 p. m., and my despatch no. 403–E, April 1, 1924. My recommendation was based on the assumption, which was clearly indicated in the Department's instruction no. 170, March 19, 1923, that what the Department primarily desired in making the claim originally was to obtain monetary assistance for Langdon's family to relieve their need. Knowing the temper of the Japanese War Office in regard to this case, and the difficulty I have experienced in getting them to take any action at all, it seemed to me that a refusal of the present offer would only result in [omission?] delay without any corresponding hope of securing an increase in the amount offered. This is particularly true at this juncture on account of the present feeling here over the immigration situation. If, however, as would now appear to be the case from the Department's telegram under reference, it was the intention of the Department to demand punitive damages for the purpose of establishing Japanese responsibility for the unfortunate affair, then the reply of the Foreign Office is obviously unsatisfactory. However, I declined [decline to?] regard the acceptance of the settlement proposed by the Japanese Government as necessarily carrying the implication that our Government would be unwilling to confront a discussion of this case on its merits. WOODS 494.11 L 25/16: Telegram The Secretary of State to the Ambassador in Japan (Woods) WASHINGTON, June 21, 1924-2 p. m. 105. Embassy's number 60, April 1st, 2 p. m. You are authorized to accept $15,000 United States currency offered by Foreign Office in settlement of Langdon claim. Endeavor effect prompt settlement. Telegraph when payment made.80 You may explain to Foreign Office that offer is accepted because of willingness of parents of Langdon that matter be settled in that manner. "Not printed. HUGHES 80 The Chargé in Japan reported on July 5, 1924, that he had been handed on that date, by the Foreign Office, a draft for $15,000 United States currency in settlement of the Langdon claim (file no. 494.11 L 25/18). |