Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-07-06
OFFICE OF THE SOLICITOR GEN'L
WASHINGTON, D. c.

! MI. ElOt w aQSNOrtQ,
Acting Chairman. American Red
Cross, Washington, D. G.
My Dear Mr.. Wadsworth,-Answ
| ing your letter of the 26th with refer
ence to the charter rights of the AM
erican National Red Cross. I beg to
say that l approve the views express
! ed in your circular dated May 81. 1911.
In determining the powers and du
ties, as also the privileges and i'm
munities, of the American National
Red Cross, one must consider the act
of Incorporation Of January 5, 1905 for.
like every body corporate, it can exer-
else only those powers conferred upon
it by law; the Geneva Convention for
/ the Ameioration Of the Condition of
the Wounded in Armies in the Field"
adopted on August %, 1864, and i'm
proved and supplemented by the con-
vention of July s, 1906, for under this
convention alone is the personnel of
the Red Cross neutralized and protect
ed and the use of its emblem upon
| flags and brassards regulated in time
! of war; and the rules and regulations
/ concerning the employment Of the Red
/ Cross in time of war, promulgated by
I the President under the act Of April
"a, 1912.
/ II is quite clear that the charter
purposes and the duties arising un-
der the Geneva convention are not CO.
extensive; that tire former are much
broader. and that the American Ma
( tional Red Cross may do many things
under the law of its creation for which
/ the Geneva convention does not pro-
vide. These charter purposes may be
/ classified as follows:
/ I. Military Relief.
! ]. Volunteer aid to the sick and
!, wounded of armies in time
| Of war. under the Geneva
convention. (See charter.
| sec. 8. pars. l and p
| 2. Voluntary relief to the Army
! and Navy of the. United
| States as a medium of com
munication between them
and the people of the United
| States, and action through
the "Comite International de
| Secours." tSee charter, sec.
| 3, par. ~
| II. Civilian Relief
| l. Relief; both national and in
| ternational in time Of great
national calamities.
| 2. PreVention the devising and
| carrying on Of measures to
! that end. (See charter, sec
! 3, par. 81
! Both the history and language of
/ the Geneva Convention demonstrate
/ that a!l
and wounded of armies in time Of
| war. The American National Red
Cross is the volunteer aid society des-
I lgnated by our government to act I'M
der that convention. and, as such, it
extends its aid to the sick and wound
ed of all armies, whether friend or foe.
1t is only when SO acting that its per-
sonnet is neutralized and that it is en-
titled to use for purposes of protec-
ton the distinctive flag and brassard
of the Geneva cross. In order that this
immunity may not be jeopardized bv
any of its other activities scrupulous
care presumably will be taken in anv
theatre of war to confine the flag and
| brassards to these uses and to those
members of the Red Cross force who
have been made a part of the sanitary
service of the forces of the United
States. Their duties when in the SAN
itary service are defined in detail bv
the rules and regulations which the
President has promulgated.
| The authority given by section 8.
paragraph 4. Of the charter to act sin
matters of voluntary relief and "as a
medium Of communication between the
people Of the United States Of Amer
lea and their Army and Navy" certain
~ means more than mere aid to the
SICK and wounded. Unlike the power
given by paragraphs l and 2. Il is not
limited to time Of war, but NAV he
exercised in war and peace alike. It
does not warrant, of course, the pro-
Fidlng OF any military supplies Of war
material, but may we'll include such
laoors as the furnishing of comforts
TO American troops, whether sick or
well; the establishment of refreshnent
stations for them, both at home and
abroad: the conduct of places OF rest
recreation in or out of the war area
lor troops when off duty; the trans
mission of correspondence. literature
ana seasonable gifts: and the collection
ana exchange of information concern
80 't4S "ouliueu ana prisoners OF war.
so long as the Red Cross abstains
from doing those things necessary to
supply or equip the army or navy for
military service. it would seem to be
competent for it to act for the Am
erican people in all those ways by
which thy seek to express to the coun
try's defenders their affection, synn-
pathy or gratitude. The distinction TO
be drawn is that between the field Of
voluntary relief and Of military
equipment and subsistence: the one is
philanthropic. the other governmental
Within these limits am not aware Of
any treaty which restricts the activi-
ties Of the Red Cross, nor any law
other than its act Of incorporation.
which must be consulted to determine
its powers in this regard. The Geneva
Convention controls when. and only
when, 1t is acting in the theatre Of war