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REPORT TO ACCOMPANY S. 1913, FIFTY-FIFTH

CONGRESS, SECOND SESSION

55TH CONGRESS | HOUSE OF REPRESENTATIVES

2d Session

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REPORT No. 1135

INSIGNIA AND NAME OF THE RED CROSS

APRIL 21, 1898.—Referred to the House Calendar and ordered to be printed

Mr. HENRY of Indiana, from the Committee on Foreign Affairs,

submitted the following

REPORT

[To accompany S. 1913]

The Committee on Foreign Affairs, to whom was referred the bill (S. 1913) to protect the insignia and name of the Red Cross, report the same back with the following amendments, and recommend that, as so amended, it do pass.

In line 3 on page 3, after the word “that,” strike out all to and including the word “for” in line 4.

Also, in line 5 strike out the word “to," and insert in lieu thereof the words "who shall."

Also, in line 17, insert “a” before the word “misdemeanor."

The purpose of this bill is to remedy a difficulty under which the American National Red Cross has labored by reason of the fact that its name and insignia have been improperly used by other persons, especially during times of war or great distress, which called into service this international association. The bill does not, in any way, prevent anyone from doing the same class of work which is done by the American National Red Cross, but will prevent him from using the name or insignia of the American National Red Cross in carrying on such work.

Your committee has deemed it desirable that the American National Red Cross should be given sole and exclusive authority to use the name and sign of the Red Cross in carrying on the special work for which it has been organized, and which has been so successful in relieving distress in all quarters of the world.

S. 2931, FIFTY-SIXTH CONGRESS, FIRST SESSION

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Reported with amendments, referred to the House Calendar, and ordered to be

printed

10mit the part struck through and insert the part printed in italics.)

AN ACT

To incorporate the American National Red Cross, and for other

purposes 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 forty-three or more, including

the United States of America; and Whereas a permanent organization is an agency needed in every

nation to carry out the purposes of said treaty, and especially to secure supplies and to execute the humane objects contemplated by said treaty, with the power to adopt and use the distinctive flag and arm badge specified by said treaty in article seven, on which shall be the sign of the Red Cross, for the purpose of cooperating with the "Comité International de Secours aux Militaires Blessés” (International Committee of Relief for the Wounded in War); and Whereas, in accordance with the requirements and customs of said

international body, such an association, adopting and using said insignia, was formed in the city of Washington, District of Columbia, in July, eighteen hundred and eighty-one, known as “The American National Association of the Red Cross,” and reincorporated April seventeenth, eighteen hundred and ninety-three,

under the laws of the District of Columbia; and Whereas it is believed that the importance of the work demands a

reincorporation by the Congress of the United States: Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Clara Barton, George Kennan, Julian B. Hubbell, of the District of Columbia; Stephen E. Barton, of New York; William R. Day, of Ohio; Brainard H. Warner, Ellen Spencer Mussey, Alvey A. Adee, of the District of Columbia; Joseph Sheldon, of Connecticut; Charles F. Fairchild, William Letchwerth, of New York City; Hiliary A. Herbert, of Alabama; Joseph Gardner, Enola Lee Gardner, of Bedford, Indiana; John W. Noble, of Saint Louis, Missouri; Richard Olney, of Boston, Massachusetts; Alexander W. Terrell, of Austin, Texas; Leslie M. Shaw, Benjamin Tillinghast, of Iowa; Abraham C. Kaufman, of Charleston, South Carolina; J. B. Vinet, of New Orleans, Louisiana; George Gray, of Delaware; Redfield Proctor, of Vermont; George F. Hoar, of Massachusetts; Charles A. Russell, of Connecticut; Robert W. Miers, of Indiana; George Boldt, William T. Wardell, of New York; Daniel Hastings, J. Wilkes O'Neill, of Pennsylvania; Thomas F. Walsh, of Colorado; John G. Sumner, of California; Charles C. Glover, Walter S. Woodward, Elizabeth Kibbey, Mabei T. Boardman, Walter Wyman, Sumner 1. Kimball, of the District of Columbia; Edward Lowe, of Michigan, and their associates and successors, are hereby created a body corporate and politic in the District of Columbia.

SEC. 2. That the name of this corporation shall be “The American National Red Cross,” and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be convenient and necessary to carry out the purposes of this corporation hereinafter set forth, such real estate to be limited to such quantity as may be necessary for official use or office buildings; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaty of Geneva, August twenty-second, eighteen hundred and sixty-four, and adopted by the several nations acceding thereto; to ordain and establish by-laws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of this Act and promote the purposes of said organization; and the corporation hereby created is designated as the organization which is authorized to act in matters of relief under said treaty. In accordance with article seven, of the treaty, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority.

SEC. 3. That the purposes of this corporation are and shall be

First. To furnish volunteer aid to the sick and wounded of armies in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, eighteen hundred and sixty-three, and also of the treaty of the Red Cross, or the treaty of Geneva of August twenty-second, eighteen hundred and sixty-four, to which the United States of America

gave its adhesion on March first, eighteen hundred and eighty-two.

Second. And for said purposes to perform all the duties devolved upon a national society by each' nation which has acceded to said treaty.

Third. To succeed to all the rights and property which have been hitherto held and to all the duties which have heretofore been performed by the American National Red Cross as a corporation duly organized and existing under the laws of the United States relating to the District of Columbia, which organization is hereby dissolved.

Fourth. To act in matters of voluntary relief and in accordance with the military and naval authorities as a medium of communication between the people of the United States of America and their armies, and to act in such matters between similar national societies of other governments through the “Comité International de Secours” and the Government and the people and the armies of the United States of America.

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.

Sixth. And to devise and carry on measures for preventing the same, and generally to promote measures of humanity and the welfare of mankind.

SEC. 4. 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 to wear or to display the sign of the Red Cross or any colorable imitation of said insignia, except in the service insignia colored in imitation thereof except by authority of the Government of the United States or by permission of the American National Red Cross, for the purpose of collecting, soliciting, or receiving money or material, or for any person or organization to use the said symbol or name of the Red Cross, in doing, or in attempting to do, work similar to the American National Red Cross without permission as aforesaid, and the person or association so using the said Red Cross, or any colorable imitation thereof, shall be guilty of a 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. The appointment of the chief medical officer shall not be made without the approval in writing of the Secretary of War.

Sbe. 5. That the said American National Red Cross shal report annually to the Seeretary of State concerning its proceedings, and to the Seeretary of War and the Secretary of the Navy when working with either or both of these Executive Departments of the Govern ment.

Sec. 5. That the said American National Red Cross shall, on the first day of January of each year, make and publish in at least two of the daily papers of the city of Washington, District of Columbia, a full, complete, and itemized report of all receipts and expenditures of whatever kind, and of its proceedings during the preceding year, and shall also give such information concerning its transactions and affairs as the Secretary of State may from time to time require, and, in respect of all business and proceedings in which it may be concerned in connection with the War and Navy Departments of the Government, shall make reports to the Secretary of War and to the Secretary of the Navy, respectively.

SEC. 6. That Congress shall have the right to repeal, alter, or amend this Act at any time.

Passed the Senate February 21, 1900. .
Attest:

CHARLES G. BENNETT,

Secretary.

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