Davis, Hon. Norman, chairman, American Red Cross: Letter to chairman, Committee on Foreign Affairs, from.. Dickinson, Hon. Edwin D., special assistant to the Attorney General, De- Page 5, 261, 262 10 221 partment of Justice, statement of.. Dunbar, Miss Virginia, statement of Flag of the United States, act establishing- 139 246 78 Fetherstonhaugh & Co., letter to Chauncey P. Carter regarding Canadian Gardner, Lt. Col. Leon L., office of the Surgeon General, Medical Corps, 112 20 69 Geneva, conventions of: Convention of August 22, 1864. 271 Proclamation of adherence to Geneva Convention of 1864 issued by 274 Report of United States delegation to Geneva Conference, July 10, 312 Revised Treaty of Geneva, signed July 27, 1929 391 Proclamation of adherence to Geneva Convention of 1929, issued by Hackworth, Hon. Green H., legal adviser, Department of State, statements Hartfield, Col. Joseph M., statement of.. Holmes, Hector M., representing the New York Mattress Co., Boston, Hughes, H. J., representing the American Red Cross, statement of. Correspondence between Hon. Sol Bloom, and Hull, Hon. Cordell, letter to Hon. Sol Bloom, from.. Johnson & Johnson, statement of Kenneth Perry, secretary of Knox, Hon. Frank, letter to Hon. Sol Bloom, from__ 200 Magee, Maj. Gen. James C., the Surgeon General, United States Army, List of bills introduced in Congress for the incorporation of, or to protect 164 50 McIntire, Rear Admiral Ross T., Surgeon General, United States Navy, McClintock, James K., vice chairman, American Red Cross, statement 266 37 McMahon, Brien, representing the John B. Canepa Co., manufacturers of Perry, Kenneth, secretary of Johnson & Johnson, Inc., New Brunswick, N. J., statements of.. 148, 262, 428 Ramspeck, Hon. Robert, statement of 39 Readers Digest, article from, regarding American Red Cross.. 49 Red Cross emblem, illegal use of, excerpt from Seventh Annual Report Red Cross, list of bills introduced in Congress for the incorporation of, or Page Message from.. Rogers, Ernest P., counsel to the Southern Spring Bed Co., Atlanta, Ga., Roosevelt, Hon. Franklin D., letter to Hon. Sol Bloom, from... Rosenberg, A. H., president of Universal Match Co., statement of.. 190 197 426 202, 219 183 Sievers, Samuel I., general counsel, Universal Match Co., statement of 202, 219 4 Southern Spring Bed Co... 183, 190 State Department.. 51, 108, 127, 198, 426 Stern, Joseph S., president, United States Shoe Corporation, Cincinnati, 80, 87 Stimson, Hon. Henry L., letter to Hon. Sol Bloom, from 200 Treaties. (See Geneva Conventions.) Sutphin, Hon. William H., statement of Swiss Coat of Arms___. United States Shoe Corporation_ Universal Match Co., St. Louis, Mo.- Wadsworth, Eliot, letter to chairman central committee, American Red Cross, from.. Welles, Hon. Sumner, letter to President, from_ 35 414 80, 86 202, 219 235 426 H. R. 6911 TUESDAY, APRIL 14, 1942 HOUSE OF REPRESENTATIVES, COMMITTEE ON FOREIGN AFFAIRS, Washington, D. C. The committee met at 10:30 a. m., Hon. Sol Bloom (chairman) presiding. The CHAIRMAN. The committee will kindly come to order. The committee has under consideration H. R. 6911, which I will kindly ask the reporter to insert at this point, together with a message from the President of the United States. (H. R. 6911 and the message from the President of the United States are as follows:) [H. R. 6911, 77th Cong., 2d sess.] A BILL To implement article 28 of the convention signed at Geneva on July 27, 1929, and proclaimed by the President on August 4, 1932 (47 Stat. 2074, 2092), by making it a criminal offense for any person to use the emblem and name of the Red Cross for commercial or other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4 of the Act entitled "An Act to incorporate the American National Red Cross", approved January 5, 1905 (33 Stat. 600), as amended (Act of June 23, 1910, 36 Stat. 604, U. S. Code, title 36, sec. 4), be and it hereby is, further amended to read as follows: "SEC. 4. That from and after the passage of this Act it shall be unlawful for any person within the jurisdiction of the United States to falsely or fraudulently hold himself out as or represent or pretend himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material; or for any person to wear or display the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross. It shall be unlawful for any person, corporation, or association other than the American National Red Cross and its duly authorized employees and agents and the Army and Navy sanitary and hospital authorities of the United States for the purpose of trade or as an advertisement to induce the sale of any article whatsoever or for any business or charitable purpose to use within the territory of the United States of America and its exterior possessions the emblem of the Greek Red Cross on a white ground, or any sign or insignia made or colored in imitation thereof, or of the words 'Red Cross' or 'Geneva Cross', or any combination of these words: Provided, however, That any person, corporation, or association that actually used or whose assignor actually used the said emblem, sign, insignia, or words for any lawful purpose prior to January 5, 1905, may continue the use thereof for the same purpose and for the same class of goods for a period not exceeding one year after the date of the enactment of this Act. If any person, corporation, or association, or any member, director, officer, agent, representative, or employee thereof violates the provision of this section he shall be deemed guilty of a misdemeanor, and upon conviction in any Federal court shall be liable to a fine of not more than $5.000, or imprisonment for a term not exceeding one year, or both, for each and every offense." 1 [H. Doc. No. 693, 77th Cong., 2d sess.] MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING A REPORT FROM THE ACTING SECRETARY OF STATE WITH AN ACCOMPANYING DRAFT BILL, DESIGNED THE MORE EFFECTIVELY TO CARRY OUT OUR OBLIGATIONS UNDER THE RED CROSS CONVENTION OF 1929 To the Congress of the United States of America: I am transmitting for the consideration of the Congress the enclosed report from the Acting Secretary of State, with an accompanying draft bill, designed the more effectively to carry out cur obligations under the Red Cross Convention of 1929. I commend the report and the proposed legislation to the favorable consideration of the Congress. (Enclosures: (1) Report; (2) draft bill.) THE WHITE HOUSE, April 3, 1942. FRANKLIN D. ROOSEVELT. The PRESIDENT: The protection of the emblem of the Red Cross and the words "Red Cross" and "Geneva Cross," which was important in times of peace, is even more important now that we are at war, and makes it necessary to take steps to prevent their use for commercial purposes. The Red Cross was given its distinctive name and emblem by the convention of 1864. The United States became a party to that convention in 1882. The first American National Association of the Red Cross was formed in Washington in 1881. From the beginning it was contemplated that the distinctive name and emblem should be used only by governments, through their medical, sanitary, and relief services, and by the national societies to be formed in the different countries. Unfortunately, our legislation has never been entirely adequate to protect either the name or emblem against commercial exploitation. It was not until January 5, 1905, when the American National Red Cross was reincorporated by act of Congress, that commercial exploitation was prohibited by Federal statute; and the prohibition enacted was effective only as to persons or corporations not then "lawfully entitled to use the sign of the Red Cross.' Two years later, in 1907, on becoming a party to the revised Red Cross convention of 1906, the United States assumed an express obligation under the convention to prohibit all commercial exploitation. Notwithstanding the obligation thus freely assumed, the act of June 23, 1910, contains a clause providing that "no person, corporation, or association that actually used or whose assignor actually used the said emblem, sign, insignia, or words for any lawful purpose prior to January fifth, nineteen hundred and five, shall be deemed forbidden by this act to continue the use thereof for the same purpose and for the same class of goods." The obligation assumed under the 1906 convention was amplified and reaffirmed in the Red Cross convention of 1929, to which the United States became a party in 1932, but nothing has been done with respect to amending the acts of 1905 and 1910 so as to carry out the obligation contained in chapter VIII, article 28, of that convention which provides: "The Governments of the High Contracting Parties whose legislation may not now be adequate shall take or shall recommend to their legislatures such measures as may be necessary at all times: "(a) 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 of the name of the Red Cross or Geneva Cross, as well as any other sign or designation constituting an imitation thereof, whether for commercial or other purposes; "(b) By reason of the homage rendered to Switzerland as a result of the adoption of the inverted Federal colors, to prevent the use, by private persons or by organizations, of the arms of the Swiss Confederation or of signs constituting an imitation thereof, whether as trade-marks, commercial labels, or portions thereof, or in any way contrary to commercial ethics, or under conditions wounding Swiss national pride. "The prohibition mentioned in subparagraph (a) of the use of signs or designations constituting an imitation of the emblem or designation of the Red Cross or |