File No. 4834.

[Untitled]

To the diplomatic and consular officers of the United States.

Gentlemen: The diplomatic officers of the United States are instructed to obtain information and forward reports upon the following points. These reports should be forwarded with the least possible delay in order that the American Red Cross, which requests [Page 5] the information, may have it available in case legislation affecting their organization comes up at the impending session of Congress.

  • First. Which of the signatory powers already had in 1906 legislation adequate for the protection of the sign of the Red Cross and in what that legislation consists; the verbiage of the statutes to be supplied.
  • Second. What, if any, measures have since been taken by those countries whose legislation was not adequate to protect the emblem of the Red Cross at the time of the signing of the convention, and in what the legislation consists.

At the International Red Cross Convention at Geneva, on July 6, 1906, certain measures were taken which looked to the repression of the abuse of the sign of the Red Cross. The Governments that took part in this conference were the following: Argentine Republic, Austria-Hungary, Belgium, Brazil, Bulgaria, Chile, China, Denmark, France, Germany, Great Britain and Ireland, Greece, Guatemala, Honduras, Italy, Japan, Kongo Free State, Korea, Luxemburg, Mexico, Montenegro, the Netherlands, Nicaragua, Norway, Persia, Peru, Portugal, Roumania, Russia, Switzerland, Servia, Siam, Spain, Sweden, the United States of America, and Uruguay.

The articles of the treaty above referred to, signed at Geneva, that relate to the distinctive emblem of the Red Cross are as follows (chap. 6, art. 18):

Chapter VI.Distinctive emblem.

  • Art. 18. Out of respect to Switzerland the heraldic emblem of the red cross on a white ground, formed by the reversal of the Federal colors, is continued as the emblem and distinctive sign of the sanitary service of armies.
  • Art. 19. This emblem appears on flags and brassards as well as upon all materiel appertaining to the sanitary service, with the permission of the competent military authority.
  • Art. 20. The personnel protected in virtue of the first paragraph of article 9, and articles 10 and 11, will wear attached to the left arm a brassard bearing a red cross on a white ground, which will be issued and stamped by competent military authority, and accompanied by a certificate of identity in the case of persons attached to the sanitary service of armies who do not have military uniform.
  • Art. 21. The distinctive flag of the convention can only be displayed over the sanitary formations and establishments which the convention provides shall be respected, and with the consent of the military authorities. It shall be accompanied by the national flag of the belligerent to whose service the formation or establishment is attached.
  • Sanitary formations which have fallen into the power of the enemy, however, shall fly no other flag than that of the Red Cross so long as they continue in that situation.
  • Art. 22. The sanitary formations of neutral countries which, under the conditions set forth in article 11, have been authorized to render their services, shall fly, with the flag of the convention, the national flag of the belligerent to which they are attached. The provisions of the second paragraph of the preceding article are applicable to them.
  • Art. 23. The emblem of the red cross on a white ground and the words Red Cross or Geneva Cross may only be used, whether in time of peace or war, to protect or designate sanitary formations and establishments, the personnel and matériel protected by the convention.
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With respect to the repression of the abuse and infractions of the use of this emblem the following articles were adopted (chapter 8, Repression of abuses and infractions):

Chapter VIII.—Repression of abuses and infractions.

  • Art. 27. The signatory powers whose legislation may not now be adequate to engage to take or recommend to their legislatures such measures as may be necessary to prevent the use, by private persons or by societies other than those upon which this convention confers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks or commercial labels.
  • The prohibition of the use of the emblem or name in question shall take effect from the time set in each act of legislation, and at the latest five years after this convention goes into effect. After such going into effect it shall be unlawful to use a trade-mark or commercial label contrary to such prohibition.
  • Art. 28. In the event of their military penal laws being insufficient, the signatory Governments also engage to take, or to recommend to their legislatures, the necessary measures to repress, in time of war, individual acts of robbery and illtreatment of the sick and wounded of the armies, as well as to punish, as usurpations of military insignia, the wrongful use of the flag and brassard of the Red Cross by military persons or private individuals not protected by the present convention.
  • They will communicate to each other through the Swiss Federal Council the measures taken with a view to such repression not later than five years from the ratification of the present convention.

It is understood that the plenipotentiaries of all the powers signed the treaty in question and that it has been ratified and confirmed by the respective Governments.

The reports made in pursuance of this suggestion should convey information respecting the use that is now being made in various countries of the Red Cross as a trade-mark in advertising the sale of goods and commodities. There will thus be supplied information essential to legislation for the proper protection of the Red Cross emblem in the United States.

I am, furthermore, requested to inform you that the American Red Cross is desirous of securing as active members of the national and official association of this country our diplomatic and consular representatives abroad, so that in case of need they can act as representatives of the American Red Cross. As active members they will be enabled to obtain information as to the standing and efficiency of the Red Cross societies in the countries to which they are accredited, such information being of great importance in the matter of the administration of relief funds forwarded by the American Red Cross. Moreover, the diplomatic and consular representatives of the United States will comprehend the opportunity of strengthening the friendly relationship between this country and others by thus providing at times of disaster an avenue through which our people may express their sympathy in a practical and tangible form.

The American National Red Cross, by the act of Congress, January 5, 1905, is charged with the duty of—

Fifth. And to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same.

Since that date it has rendered assistance in money contributions and in supplies after calamities in foreign countries from famine, floods, fires, volcanic eruptions, and earthquakes in Japan, China, [Page 7] Russia, Jamaica, Chile, Canada, Italy, Turkey, and Mexico. The contributions for such relief work have amounted to considerably over a million and a half dollars and have consisted entirely of voluntary donations. In case of such foreign relief the American Red Cross has relied largely upon the information received from, and the assistance rendered by, the diplomatic representatives of the United States in the respective countries wherein the assistance is rendered.

As showing the high patronage and the scope of the American Red Cross, which has been chartered and sanctioned by act of Congress, I quote a letter which the President of the United States has addressed, as president of the American Red Cross, to the governors of the States of the Union:

The purpose of this letter is to bring to your knowledge the facilities of the American Red Cross for conducting large measures of emergency relief or assisting in ther conduct in any part of the United States.

Its national director, Mr. Ernest P. Bicknell, who devotes his entire time to the executive duties of the Red Cross, has had an extended experience in the organization and direction of work of this character. Mr. Bicknell is prepared to proceed instantly to the scene of any great disaster and confer with the State or local authorities, as well as the local representative of the Red Cross, in regard to the efficient organization of relief. This service is wholly free and is quite apart from any question of the source of the relief funds.

The Red Cross is a national organization, the only one chartered by the United States and maintained for the sole purpose of relieving the sufferings caused by war or by calamities in time of peace. In the United States, fortunately, the Red Cross has been almost entirely free from the demands of war, but has found an important and growing field in the relief and rehabilitation of communities devastated by fire, flood, storm, or other disaster of an extent or magnitude exceeding local relief resources. It operates under a special charter from Congress and is governed by a central committee appointed in part by the President of the United States from the Departments of State, War, Navy, Treasury, and Justice, and is required to submit an annual report to Congress. In the event of war the Red Cross is the only organization whose agents in the military encampments and upon battlefields will be officially recognized and authorized to maintain hospitals, hospital ships, etc.

Should any calamity occur within the bounds of your State which requires large and unusual relief measures, you are invited to make the freest use of the services of the Red Cross or of its national director in either an executive or advisory capacity.

Since the reorganization of the Red Cross in 1905, the amounts enumerated on the attached sheet have been raised and expended at the places or for the objects stated.

Respectfully,

Wm. H. Taft.

(The following is inclosed with the above:)

“Relief expenditures, American Red Cross, from January 1, 1906, to April 30, 1909:

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Philippine typhoon $1,150.00
Japanese famine 245,865.67
Vesuvian eruption 16,226.25
California earthquake 2,963,200.64
Valparaiso earthquake 9,844.81
Chinese famine 327,897.50
Kingston earthquake 5,381.25
Russian famine 9,000.00
Mississippi cyclone 2,767.38
South Carolina and Georgia floods 942.05
Canadian forest fires 300.00
Monongah mine disaster 3,762.11
Italian earthquake 986,378.61
Turkey-American relief 29,500.00
Mexican flood relief $7,700.00
Miscellaneous 75.00
Total 4,609,991.27
Christmas stamps, 1908, tuberculosis 138,000.00

“The total expenditure for all administration and executive work during same period was $30,195.15.

“Expenses, two-thirds of 1 per cent of expenditures; more than half of which has been paid from members’ dues and from the income of the endowment fund of $115,000.”

In the past the Department of State has been frequently called upon by individuals or organizations to forward through the foreign service sums for the relief of suffering in foreign countries. To avoid complications and to avail of a centralized, appropriate, and highly efficient channel for such contributions, the department has lately encouraged the making of all such contributions to the Red Cross itself. In such cases, from time to time, the department is asked by the Red Cross to forward sums thus coming to them or contributions from the society’s own funds to the scene of suffering, and this has been done through the foreign service. It would obviously be appropriate if members of the foreign service who might be called upon to handle such funds were in position to do so as members of their national organization. As such, the foreign service might also be better able to point out occasions when Red Cross relief from this country would be really appropriate, and, what is quite equally important, to advise against inopportune or exaggerated contribution.

From the foregoing, and in view also of the fact that the international activities of the American Red Cross can not but be a factor in international relations and good feeling, it is needless to say that the desire of the American Red Cross that the members of the diplomatic and consular service should join it has the good will of the Department of State.

I am, etc.,

P. C. Knox.