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Voting by proxy shall not be allowed at any meeting of the incorporators, annual or special, nor at any meeting of State or Territorial societies organized under the provisions of this charter.

SEC. 6. That the said American National Red Cross shall on the first day of January of each year make and transmit to the Secretary of War a report of its proceedings for the preceding year, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the War Department, and a copy of said report shall be transmitted to Congress by the War Department.

Sec. 7. That Congress shall have the right to repeal, alter, or amend this Act at any time. Passed the Senate December 14, 1904. Attest:

CHARLES G. BENNETT,

Secretary. By H. M. Rose,

Chief Clerk.

REPORT TO ACCOMPANY S. 5704, FIFTY-EIGHTH CONGRESS

THIRD SESSION

58TH CONGRESS | HOUSE OF REPRESENTATIVES

3d Session

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REPORT No. 3146

AMERICAN NATIONAL RED CROSS

DECEMBER 16, 1904.–REFERRED TO THE HOUSE CALENDAR AND

ORDERED TO BE PRINTED

Mr. William ALDEN SMITH, from the Committee on Foreign Affairs,

submitted the following

REPORT

[To accompany S. 5704]

The Committee on Foreign Affairs, to whom was referred the bill (S. 5704) to incorporate the American National Red Cross, report the same favorably and recommend its passage.

Inasmuch as the United States is one of the signatory powers of the Treaty of Geneva, by which in time of war is guaranteed the neutrality of persons caring for the sick and wounded and all supplies for the same, and ivasmuch as the American National Red Cross is the official organization existing in the United States under this treaty, and recognized by the International Red Cross Committee of Geneva as the official society of the United States, it becomes important to place this organization under Government supervision, for which the present charter, granted June 6, 1900, does not provide.

By reference to Senate Document No. 178, Fifty-eighth Congress, page 11, question 8, it will be seen that in all the well-organized foreign Red Cross Societies governmental supervision is provided for. In Great Britain the society is subordinate to the war department, which is represented on the central committee and on the local branches. În France bylaws and instructions are under government control, and delegates are approved by the war department. In

Germany government supervision is carried out by an imperial commission and an inspector under the war medical regulations. In Austria representatives of the war, navy, and interior departments are on the central committee. In Italy the president and representatives of the foreign affairs, war, navy, and interior departments are appointed on the central committee by the King, and the war and navy departments receive and approve all accounts. In Japan the society is under the supervision of the minister of the imperial house, war, and navy.

The charter presented in this bill for the reincorporation of the American National Red Cross provides for Government representation on the central committee, and the auditing of all accounts by the War Department before the report is presented to Congress. Both are important factors in the plan for building up a well-organized Red Cross Society in this country.

By comparing Senate Document No. 178, Fifty-eighth Congress, second session, above referred to, with the statement in regard to the American National Red Cross thereto appended, it will be shown how far short of all the foreign Red Cross Societies, in all questions, is the one in existence in the United States, and the need of placing the society, by a reincorporation under the charter as proposed in the present bill, under such Government supervision as will arouse and maintain public confidence and support.

The bill now reported meets with the approval of the present organization of the American Red Cross and of the friends of that organization, who recognize that a reincorporation is required for its efficiency and more extended usefulness.

The following members of the Committee on Foreign Affairs join in the report.

R. R. HITT.
WM. ALDEN SMITH.
NICHOLAS LONGWORTH.
ADIN B. CAPRON.
D. J. FOSTER.
Hugh A. DINSMORE.
J. B. PERKINS.
C. B. LANDIS.
THEO. OTJEN.

PUBLIC LAW NO. 4, FIFTY-EIGHTH CONGRESS, THIRD SESSION (S. 5704, APPROVED JANUARY 5, 1905)

AN ACT To incorporate the American 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 Wurttemberg 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 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 according 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 the International Conference of Geneva of eighteen hundred and sixty-three recommended “that there exist in every country a committee whose mission consists in cooperating in times of war with the hospital service of the armies by all means in its power;" and

Whereas a permanent organization is an agency needed in every nation to carry out the purpose 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," reincorporated April seventeenth, eighteen hundred and ninety-three, under the laws of the District of Columbia, and reincorporated by Act of Congress in June, nineteen hundred; and

Whereas it is believed that the importance of the work demands a repeal of the present charter and a reincorporation of the society under Government supervision: Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A

Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, of Texas; George Gray, of Delaware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of California; Daniel C. Gilman, Eugene Lovering, of Maryland; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota; Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other persons to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, 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 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 deemed advisable and to accept bequests for the purposes of this corporation hereinafter set forth; 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 acoeding thereto; to ordain and establish bylaws 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 (including the establishment of regulations for the election of associates and successors) 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.

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