bassy take the strongest measures to bring about the immediate withdrawal of the present ban on Paramount films which is equally as important as the principle described above. 3. I have indicated to the representatives my complete readiness to ask for interview with Vice Minister of Foreign Affairs Hsu Mo, to argue this matter but I believe my representations would be much more effective if reinforced by direct instructions from the Department and I shall therefore defer action for 1 day in the hope of receiving them. 4. Sent to the Department and Peiping. PECK 893.4061 Motion Pictures/200: Telegram The Acting Secretary of State to the Ambassador in China (Johnson) WASHINGTON, November 18, 1936–6 p. m. 73. Your 329, November 18, noon. The Department feels that the action of the Chinese authorities in banning all Paramount pictures pending adjustment of the dispute over the motion picture "The General Died at Dawn" is arbitrary and without justification and authorizes you to make appropriate representations in regard to the matter. MOORE 893.4061 Motion Pictures/202: Telegram The Counselor of Embassy in China (Peck) to the Secretary of State NANKING, November 19, 1936-2 p. m. [Received November 19-1: 30 p. m.] 331. Embassy's 329, November 18, noon, from Nanking. 1. During informal conversation today at the Foreign Office I was told that as early as April last Vice Consul Kiang at Los Angeles informed Paramount that "The General Died at Dawn" would be offensive to the Chinese in its then existing form and subsequently gave other warnings but that Paramount returned a written reply that modification of the film was impossible. It was represented to me that the present ban of all Paramount pictures is therefore the effect of a long controversy between Paramount and the Censorship Committee with the Vice Consul and the Foreign Office serving as channel of communication. Since the Foreign Office brought up this subject for discussion I took the opportunity to object to the banning of other films to bring about suppression of the film in dispute since this was at best an extra legal measure and might be regarded as illegal infringement on the rights of innocent third parties, for example, the theatres concerned. The Foreign Office official volunteered to try to settle this controversy at least to the extent of withdrawal of the ban until the film in dispute could arrive in China and be inspected by the Censorship Committee. 2. Sent to Peiping. PECK 893.4061 Motion Pictures/203: Telegram The Ambassador in China (Johnson) to the Secretary of State PEIPING, November 20, 1936-3 p. m. [Received November 20-7 a. m.] 562. Nanking's 329, November 18, noon. The following telegram has been sent to Nanking: "November 19, noon. Your 329, November 18, noon. Unless you receive different instructions from the Department within the indicated period of time, you should make strong representations to the Foreign Office against the action of the Motion Pictures Censorship Committee, which the Embassy considers to be arbitrary and unwarranted. I believe that you should not concede to the committee in this event any other authority than to deal with American motion pictures as they are to be shown in China, and you should contend that in equity the committee should limit itself to taking action in regard to the particular film in question. You may convey to the Foreign Office my belief that the adherence of the committee to the extreme position it has taken would have an unfavorable reaction in the publicity it would receive in the United States." JOHNSON 893.4061 Motion Pictures/204: Telegram The Counselor of Embassy in China (Peck) to the Secretary of State NANKING, November 21, 1936-11 a. m. [Received 2:25 p. m."] 332. Department's 73, November 18, 6 p. m., to Nanking. 1. I interviewed Vice Minister Hsu Mo November 20, 4 p. m. for 1 hour. I informed him that the Department regarded the banning of all Paramount films as arbitrary and unwarranted especially in view of the fact that the Censorship Committee had not itself seen the film "The General Died At Dawn" and the fact that associate American financial interests in no way connected with the production of the film would be involved in heavy loss (see my 329, November 18, noon, paragraph 2). I conveyed the assurance of Paramount (as stated to the Embassy in writing) that the company was anxious to "Telegram in two sections. settle the matter amicably. In the course of the long interview I also advanced other arguments. 2. The Vice Minister, however, adhered firmly to his contentions that the producers had repeatedly and obstinately refused to heed advice and warning given by the Chinese Vice Consul Kiang at Los Angeles; that the committee was justified in relying on the judgment of the Vice Consul as a Chinese official regarding the offensive nature of the film and that the banning of all the films of an offending company was the only "sanction" available to the Chinese Government with which to defend China from defamatory films and that this measure was therefore justified. 3. I again pointed out that the Department was willing to give consideration to any specific objections which the Foreign Office might convey to the Embassy and I inquired whether the Foreign Office would not be willing to intervene in the present case to the extent at least of attempting to get the ban lifted until the film in dispute could be brought to China for inspection by the committee. The Vice Minister inquired what authority the Department exercised in such matters and whether the company would be willing to give an indication that the offending film would be withdrawn from all countries. I refused to attempt any definition of the Department's authority or influence in matters of film production and I said I could give no assurances on behalf of Paramount; moreover, I refused to accept the committee's assumption that the Vice Consul's opinion of the film was infallible, particularly in view of the fact that the Chinese Consul and Chamber of Commerce in Manila were reported as finding it unobjectionable. 4. The Vice Minister would not admit that the banning of Paramount films was in any way unwarranted or arbitrary and on the contrary steadily maintained it was warranted by the indifference of Paramount to Chinese opinions and the heavy responsibility resting on the committee to protect China from the injury of world wide disparaging film publicity. 5. I subsequently encountered the Vice Minister at a reception and inquired whether he would not recede from his uncompromising position in view of the danger that the dispute of the American film company with the censorship committee might develop into a serious conflict between them. He replied that such a development would be regrettable and that he would have the Director of the International Affairs Department talk with me again next week. 6. My opinion is that the Vice Minister sympathizes entirely with the Censorship Committee and feels that it is in a strong tactical position but that because of the present Sino-Japanese tension he may refrain from pressing his advantage in order to avoid causing further irritation to the Embassy and the Department. It is unlikely, how ever, that he would concede any weight to our arguments and such a compromise would not obviate further difficulties (see my November 18, noon, paragraph 2, sentence 3). Sent to Peiping. PECK 893.4061 Motion Pictures/205: Telegram The Acting Secretary of State to the Ambassador in China (Johnson) WASHINGTON, November 25, 1936-3 p. m. 288. Your 571, November 24, 2 p. m.78 The Motion Picture Producers and Distributors of America, Incorporated, New York City, in a letter under date November 23, states "The Paramount office in New York have a cable from their office in China stating that the Chinese Government there has allowed them a period of 40 days in which they can go ahead and distribute their pictures and, during which period they are expected to show a print of the above-mentioned picture ("The General Died at Dawn') to the Chinese censors to see if some conclusion cannot be worked out to the satisfaction of all parties concerned." As the Embassy has already made oral representations and as the above offers a possible basis for reaching a satisfactory solution of the matter, the Department feels that it would be advisable to await developments before giving conclusive consideration to the making of a formal protest. MOORE 893.4061 Motion Pictures/209: Telegram The Ambassador in China (Johnson) to the Secretary of State NANKING, December 1, 1936-11 a. m. [Received 5:50 p. m.79] 336. Your 288, November 25, 3 p. m., to Peiping. 1. It appears that the Shanghai office of Paramount was over-sanguine in regard to the terms on which the Censorship Committee offered to resume temporary censoring of Paramount films. On November 24 Peck wrote informally to the Director of the Department of International Affairs of the Foreign Office quoting a letter dated November 23 from the Paramount office, Shanghai, stating that a print of "The General Died at Dawn" was being sent to Nanking and stating that a formal petition had been sent to the Censorship Committee asking that censorship of other films be resumed. Peck inquired [when] resumption would begin. On the same day Peck was informed by the director that the committee had stated that censorship would be resumed at once provided Paramount guaranteed arrival of the film within 40 days and undertook to discuss with the committee what action should be taken on this picture. After discussing these terms with the Paramount office, Shanghai, on the telephone Peck wrote again to the director on November 25 saying that Paramount willingly accepted the terms and wished to know when censorship would be resumed. Matters dragged until November 27 when Paramount informed Peck that the committee's terms as communicated directly to that office were more onerous than those transmitted through Peck in that they included action on a second film "Klondike Annie", required that negatives as well as positives of both films be sent to Nanking and required a guaranty of $1,000 which would be forfeited if the films did not arrive within 40 days. In reply to request for advice Peck suggested that while responsibility for decision rested solely on Paramount, it might be well to accept these terms under protest in order to save from heavy financial loss another American firm, the Cathay-Grand Corporation in Shanghai which depended upon receiving Paramount films. On November 28, the representative of Paramount, then in Nanking, informed Peck that after accepting the more severe version of the committee's terms Paramount had been told by the committee that before censoring could be resumed all copies of "The General Died at Dawn" must be withdrawn immediately from circulation. When the representative protested that this requirement had not been made heretofore the committee replied that it had been "understood". 2. The Director of the Department of International Affairs has now written Peck as follows under date of November 30: "I take pleasure to inform you that the Central Motion Picture Censorship Committee will continue to issue certificates to the Paramount Films Company in the immediate future. It is to be understood that the suspension of the original decision will last for a period of 40 days pending the arrival of the negative of the picture 'General Died at Dawn'. "It is reported, however, the picture in question 'General Died at Dawn' is shortly to be shown in Japan and some other different countries, and this, I believe, will render the situation more difficult. In order to avoid any further aggravation of friction in the present case, you are requested to use your good intermediary in persuading the company to withhold the show of the picture until some settlement of the controversy has been secured. Kindly let me know the result when you receive a reply from the company." A copy of the letter has been sent to Paramount, Shanghai. In view of the loss which American interests say they are suffering because of failure to receive Paramount films (see the Embassy's November 18, noon, from Nanking) I venture to suggest that if Para |