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ports, pointed out that these measures are not in harmony with American efforts to liberalize trade. We expressed doubt whether there would be any basis for a trade agreement with the United States so long as any tariff concession which Japan might make could be made valueless by exchange and import control.

2. Yoshizawa,17 with whom these discussions were held, fully understands the position and in fact indicated that the Japanese Government is not giving active consideration to proposing a trade agreement with the United States. Nevertheless we will take an early opportunity to clarify the situation.

GREW

UNWARRANTED ACTION BY THE JA ANESE CONSUL GENERAL AT HONOLULU WITH RESPECT TO PHOTOGRAPHER TAKING PICTURE OF JAPANESE GROUP ON U. S. NAVY PIER

702.94112/19 Memorandum by the Chief of the Division of Far Eastern Affairs

(Hornbeck) of a Conversation With the Japanese Ambassador (Saito)

[WASHINGTON,] June 12, 1937. I asked the Japanese Ambassador to be so good as to call at his convenience. The Ambassador called on me this morning by appointment. I opened the conversation with reference to the visit here during the past two days of the Japanese Economic Mission, the pleasure which it had given us to meet the members of the Mission, the very agreeable impression which they had made (the Head of the Mission, Mr. Kadono, had left Washington only two hours before this conversation was held, and two officers of FE 18 had been present at the train), etc., etc.

I then said that the matter which I unfortunately had to take up with the Ambassador related to an incident which had occurred at Honolulu. I said that I had prepared a brief memorandum covering the facts in the case, as reported to us, and including comment which it was my duty to make. I then handed the Ambassador the ribbon copy of the informal memorandum of which copy is here attached.19 I supplemented the statement by saying that, as reported to us, the Naval “Chief Photographer" (U.S.N.) upon whom the Japanese Consul General had laid hands had made no physical resistance and had refrained from calling to his aid naval personnel who were within call, in order that there might not be created a disturbance. I said that I was sure that the Ambassador would agree with us that action on the part of a consular officer and associated nationals such as was reported in this account was objectionable, could not fail to make for ill-will, and should be definitely discouraged by the authorities of the country of which these persons are nationals. The Ambassador said that he shared these views, and he asked me what I thought he should do. I replied that I felt that I ought not endeavor to make any suggestion; that it seemed to me that this was a matter with regard to which the Ambassador should decide without any prompting from us what action on his part would be appropriate and what suggestions might appropriately be made by him toward ensuring against repetition by a Japanese consular officer and Japanese nationals of any similar activities. The Ambassador said that he thought that probably I was right and that the problem was his: he would give it careful consideration.

11 Seijiro Yoshizawa, Director of the American Affairs Bureau, Japanese Foreign Office.

18 Division of Far Eastern Affairs.

so Infra.

With some further references to the visit of the Japanese Economic Mission and reciprocal expression of gratification that it was possible for us to talk things over frankly, the conversation ended.

S[TANLEY] K. H[ORNBECK]

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702.94118/19

The Department of State to the Japanese Embassy A complaint against Mr. T. Fukuma, Japanese Consul General at Honolulu, for unwarranted action in seizing and detaining A. J. Carroll, Chief Photographer, United States Navy.

According to reports made to the Department, there occurred at Honolulu on April 8, 1937, when the Japanese naval tanker Hayatomo, which had been moored to the United States Navy Pier in Honolulu Harbor, was completing preparation for departure, an incident as follows:

A member of the Hayatomo's crew had set up on her deck a large camera to take pictures of certain groups of persons on the pier, in one of which groups were the Japanese Consul General and some members of his staff. During the posing of this group Carroll, who was on the pier in civilian clothing, took a photograph of the group, after which he was grasped by the arm from behind and jerked around by the Japanese Consul General, who demanded that the roll of films in the camera be surrendered to him. When Carroll refused to comply he was surrounded by a group of Japanese from the Consul General's party, one of whom demanded the film stating that the picture of the Consul General had been taken without the Consul General's permission. Carroll again refused to surrender the film, whereupon the Consul General again seized him by the arm. When Carroll persisted in refusing to give up the film he was seized by two Japanese, forced into the back seat of an automobile, and taken to the Honolulu Police Station. Two of these Japanese are members of the Consul General's staff and the third, who is manager of the Japanese Chamber of Commerce at Honolulu and who acted as spokesman at the police station, stated that he wanted Carroll arrested for taking the picture of the Consul General and demanded that the film be turned over to the Consul General. He was informed by the police authorities that any American citizen was free to take pictures anywhere in the territory, except in restricted areas.

*1 Handed to the Japanese Ambassador on June 12 by the Chief of the Division of Far Eastern Affairs "as an aide-mémoire in record of an oral statement”.

On the following day Captain W. K. Kilpatrick, Acting Chief of Staff, called on the Japanese Consul General who stated that he objected to having his picture taken without permission, that he had asked that the film be surrendered to him, that he regarded the whole thing a minor incident, and that he did not consider that any assault had been committed.

Although the Department is bringing the matter to the attention of the Ambassador orally and informally, it should be understood that this Government considers the action of the Consul General and his associates in this incident highly objectionable.

702.9411a/19

The Japanese Embassy to the Department of State 22

1. On April 8, 1937, when the Japanese Consul-General at Honolulu and his party were lined up on a pier of the Honolulu Harbor to see the departure of the Japanese tanker Hayatomo, an unknown foreigner in civilian clothes appeared in front of the group and took a photograph. The attitude of the photographer was very impolite.

2. This was not the only case of Japanese residents being photographed in similar circumstances by unidentified photographers. Whenever a Japanese warship visited Honolulu, persons entering and leaving the ship were watched by unidentified foreigners who surreptitiously took photographs of them. The motive behind such acts being unknown, much uneasiness was caused to the Japanese residents of the Island. The Japanese Consul-General called to the individual mentioned above, who happened to be about twenty feet away from him, with the intention of ascertaining his motive. As the Consul-General and his party approached to within five feet of him, the Consul-General asked one of his staff to inquire of the said individual his name, profession and identity. (The Consul-General never grasped him by the arm or jerked him around.) It was learned that his name was Carroll (it was known later that he falsified his initials) and that he was a photographer by profession. He, however, failed to identify himself as belonging to the navy at that time.

22 Handed by the Japanese Ambassador on June 28 to the Chief of the Division of Far Eastern Affairs.

3. The said member of the staff asked Carroll to surrender the film, as a matter of courtesy, stating that a photograph of the ConsulGeneral taken by an unknown person might easily be misused.

Carroll declined to consent to this request and proposed to have the matter settled at a police station or any other proper place.

4. Thereupon two members of the Staff of the Japanese Consulate-General, and a secretary of the Japanese Chamber of Commerce, together with Carroll went to the police station, with the object, on the part of the Japanese, of ascertaining the identification of the unknown person. At that time Carroll was asked whether he was willing to ride in a car owned by the Japanese. He consented and voluntarily entered the car. It is not a fact that Carroll was forced into the

said car.

5. Investigation at the police station revealed that Carroll was a member of the Intelligence Bureau of the Naval Authorities at Honolulu. The Secretary of the Chamber of Commerce, acting as spokesman, asked Mr. Carroll to surrender the film. As he still refused to comply with the wish, the matter was dropped.

6. The Consul-General explained to Captain Kilpatrick, Acting Chief of Staff, who visited him on the following day, that Mr. Carroll voluntarily entered the car and was not forced to do so by any means, that from the beginning there never was a question of any use of force against him and that as this was a minor incident he did not think it worth while to report it to the Foreign Office.

702.9411a/19

The Department of State to the Japanese Embassy 23

The memorandum handed by the Japanese Ambassador to Mr. Hornbeck on June 28 has been read with care.

It is noted that the account of the facts as given in the memorandum under reference differs in several particulars from the account given the Department by authorities at Honolulu.

It is possible that differences of language and customs leading to misunderstanding of motives and actions have been factors in the incident, and, with a view to being helpful toward preventing there

23

* Handed to the Japanese Ambassador on July 12 by the Chief of the Division of Far Eastern Affairs was a record of an informal oral statement”.

arising similar troublesome incidents in the future, comment is offered as follows:

1. The Pier under reference is a United States Navy Pier, and it must be assumed that officials of foreign governments who proceed to such a Pier are aware of that fact. It must be assumed also that officials of foreign governments who are present on a United States Naval Reservation are cognizant of the fact that primary jurisdiction in regard to what may occur on said Naval Reservation to the dissatisfaction of visitors rests with the appropriate United States Naval Authorities, especially those on the Reservation.

2. It must be assumed that foreign officials stationed in American territory are aware of the fact that in this country the taking of photographs, except in certain special areas or places, is subject to very little restriction and that our people when taking photographs are not accustomed to being interrogated with regard to their motives. Such interrogations, if and when there is occasion for them, are usually made by police officers or other persons in whom there resides some special authority to make them.

3. A foreigner or group of foreigners present on or near a Naval or Military Reservation should realize that any action in which they may there engage should be scrupulously circumspect.

4. Without going beyond the statements made in the memorandum under reference, it is clear that various of the acts of the Consul General and his party were of such a character as to invite criticism by the authorities at Honolulu and the calling of the incident in all friendliness by the Department to the attention of the Japanese Ambassador.

5. Conformity with custom and with the appropriate procedures is expected of officials of foreign governments who are present on any territory of the United States and is especially desirable on or near Naval Reservations and Military Reservations.

REFUSAL OF JAPANESE GOVERNMENT TO AUTHORIZE VISIT BY UNITED STATES NAVY VESSEL TO PORTS ON ISLANDS UNDER MANDATE TO JAPAN 24

811.3394/251 : Telegram

The Ambassador in Japan (Grew) to the Secretary of State

Tokyo, February 12, 1937–4 p. m.

[Received February 12–4:30 a. m.] 54. Department's 28, February 10, noon.25 Foreign Office has orally informed me today that Army and Navy have stated that

24

Continued from Foreign Relations, 1936, vol. IV, pp. 984-993.
Not printed.

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