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Whereas the unauthorized use of said insignia in all countries within

the treaty has become a source of embarrassment and serious injury to the military and naval sanitary service of the country

in time of war; and Whereas intricate and perplexing complications arise by the indis

criminate and unauthorized use of the Red Cross in calamities

and catastrophies in time of peace; and Whereas all the nations most interested in the development of this

treaty and its humane and provident work have already taken action to forbid the unauthorized use of its name and insignia;

and Whereas, from the international character of the treaty, it becomes

necessary that there be in every nation within the treaty one body or organization in which the power to regulate the use and protect the rights of the insignia and name of the Red Cross shall vest, and that power is established by custom in every nation under the name and known as the central committee of that country and through which body alone the international committee communicates with that government: Now, therefore, for the purpose of extending the same protection to this international and universal insignia in the United States of America that is extended to it by other nations,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act it shall be unlawful, except as hereafter described, for any person or association of persons within the jurisdiction of the United States of America, to give, sell, distribute, or display the symbol of the Red Cross hereinbefore designated, or any colorable imitation or semblance thereof, or to assume or use as a trade-mark or as a designation or part of a designation the words “Red Cross," or any expression liable to be mistaken therefor;' that everyone not directly connected with the American National Red Cross or without special permission granted by the central committee of the Red Cross is hereby forbidden and prohibited from wearing, using, or in any way displaying the sign of the Red Cross, hereinbefore described, or in anything liable to be mistaken for such name and insignia, and every person so offending shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished for each and every offense by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment; the fine so collected shall be paid to the American National Red Cross to be used by it as it shall consider the best interests of said organization. All persons who have adopted or are using the Red Cross as a trade-mark shall

, within one year after the passage of this Act, discontinue the use of the same or be liable to a fine of not less than fifty dollars or more than five hundred dollars and confiscation of said articles of whatever description, unless the central committee of the American National Red Cross gives them special written permission to do so, for which privilege a consideration of not less than five hundred dollars shall be paid to the said committee; all fines, confiscation of merchandise, and so forth, shall be turned over to the American National Red Cross to be used as it considers appropriate. Any person or persons not directly connected or authorized by the American National Red Cross making or attempting to make collections of money or goods for or in the name of the Red Cross shall be liable to a fine of not less than five or more than one hundred dollars or imprisonment for a term not exceeding one year: Provided, however, That this section shall not be held to apply, first, to the officers or agents of the United States of America especially authorized by law to use the same and such officers and agents of the said organization as may be designated to aid in the work for which such organization was incorporated under the Government of the United States; and, second, to the agents of any Red Cross association of any foreign state acting with the knowledge and consent of the government thereof and of the President of the United States first had and obtained: Provided, That this section shall not apply to secret organizations such as the Knights Templar, Masons, or the badge of the Sixth Corps of the Army, who adopted a red cross insignia prior to the twenty-second day of August, eighteen hundred and sixty-four.

Passed the House of Representatives March 23, 1894.
Attest:

JAMES KERR, Clerk.

REPORT TO ACCOMPANY H. R. 5580, FIFTY-THIRD CON

GRESS, SECOND SESSION 53D CONGRESS | HOUSE OF REPRESENTATIVES REPORT 2d Session

No. 477

TO PROTECT THE INSIGNIA AND NAME OF THE RED

CROSS

FEBRUARY 22, 1894.-Referred to the House Calendar and ordered to be printed

Mr. GEARY, from the Committee on Foreign Affairs, submitted the

following

REPORT

[To accompany H. R. 5580]

The Committee on Foreign Affairs, to whom was referred the bill H. R. 5580, have considered the same and recommend that it do pass.

282

S. 1913, FIFTY-FIFTH CONGRESS, FIRST SESSION

55TH CONGRESS,

18T SESSION.

(Calendar No. 144]

S. 1913.

IN THE SENATE OF THE UNITED STATES

May 6, 1897

Mr. GRAY introduced the following bill;

which was read twice and referred to the Committee on Foreign Relations

MAY 13, 1897

Reported by Mr. GRAY, without amendment

A BILL

To protect the insignia and the name of the Red Cross Whereas, on the twenty-second of August, eighteen hundred and

sixty-four, at Geneva, Switzerland, plenipotentiaries respectively representing Italy, Baden, Belgium, Denmark, Spain, Portugal, France, Prussia, Saxony, and Wurtemburg, and the federal council of Switzerland agreed upon ten articles of a treaty or convention for the purpose of mitigating the evils inseparable from war; of suppressing the needless severity, and ameliorating the condition of soldiers wounded on the field of battle; and particularly providing, among other things in effect, that persons employed in hospitals, and in affording relief to the sick and wounded, and supplies for this purpose, shall be deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hospitals and ambulances and convoys of sick and wounded, and an arm

badge for individuals neutralized; and Whereas said treaty has been ratified by all of said nations, and by

others subsequently, to the number of thirty-six or more, including

the United States of America; and Whereas article seven of said treaty specifies the adoption and use of

a special insignia, which shall be the distinctive sign of the Red Cross alone, under which insignia or sign the purpose of the treaty shall be carried into effect, the same being a red Greek cross on a white ground, and which shall constitute the military hospital flag of all the nations within the treaty, and designate all persons serving under it, and the same is adopted and used throughout the world; and

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war; and

Whereas the unauthorized use of said insignia in all countries within

the treaty has become a source of embarrassment and serious injury

to the military and naval sanitary service of the country in time of Whereas intricate and perplexing complications arise by the indis

criminate and unauthorized use of the red cross in calamities and catastrophies in time of peace; and Whereas all the nations most interested in the development of this

treaty and its humane and provident work have already taken action

to forbid the unauthorized use of its name and insignią; and Whereas, from the international character of the treaty, it becomes

necessary that there be in every nation within the treaty one body or organization in which the power to regulate the use and protect the rights of the insignia and name of the Red Cross shall vest, and that power is established by custom in every nation under the name and known as the central committee of that country, and through which body alone the international committee communicates with that government: Now, therefore, for the purpose of extending protection to this international and universal insignia in the United States of America,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act it shall be unlawful for any person or association of persons within the jurisdiction of the United States of America to wear or display the sign of the Red Cross above described, or any colorable imitation of said insignia, without permission from the American National Red Cross (a duly authorized and recognized body incorporated under the laws for the District of Columbia, and corresponding to the central committee described in the last preceding paragraph of the preamble), for the purpose of collecting, soliciting, or receiving money or material, or who shall by the use of said symbol or name of the American National Red Cross do, or attempt to do, similar work to the American National Red Cross, without permission from said organization, shall be guilty of misdemeanor, and shall be liable to a fine of not less than fifty dollars nor more than five hundred dollars, or imprisonment for a term not exceeding six months, or both, for each and every offense. The fine so collected shall be paid to the American National Red Cross.

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