2201-2202, AMERICAN NATIONAL RED CROSS. 2204-2205. CHARACTER OF SERVICE. 2206-2208. COOPERATION OF OTHER SERVICES WITH ARMY. 2209. GENEVA CONVENTION. 2210. INTERCOURSE DURING ARMISTICE. 2211-2220. PRISONERS OF WAR AND INTERNED PERSONS. 2221-2222. REGULATIONS. 2223-2239. SELECTIVE SERVICE ACT. Secs. AMERICAN NATIONAL RED CROSS 2201. ACTIVITIES AUTHORIZED. 2202. STATUS. ACTIVITIES AUTHORIZED 2201. Under the act of January 5, 1905 (33 Stat. 599), which created the American National Red Cross in pursuance of the obligations of the Geneva Conventions of 1864 and 1906, that organization may, in time of war, extend aid to members of the military forces of the United States other than the sick and wounded, and may extend "welfare" aid, as distinguished from "medical" aid, to both sick and well. The requirement of the act of April 24, 1912 (37 Stat. 90), as to acceptance by the President applies to medical aid only. All medical aid must be rendered under direction of Medical Department. Welfare work is subject to military control only to the extent (1) that all activities in areas subject to military jurisdiction must conform to the orders of those in authority; (2) that the President, as commander in chief of the Army and President of the American National Red Cross, may enforce cooperation between them; and (3) that the act of January 5, 1905, supra, requires the activity of acting as a "medium of communication" to be exercised in accord with the military authorities. 080, Oct. 19, 1925. STATUS 2202. The American Red Cross and the Y. M. C. A. are both purely civilian organizations, and neither one of them is a part of the Army or Navy. Consequently persons in the employ of the Y. M. C. A. and those in the employ of the American Red Cross are not persons in the military service of the United States, so as to be entitled to the benefits of either the War Risk Insurance Act (40 Stat. 398) or of the Soldiers' and Sailors' Civil Relief Act (40 Stat. 440). 014.4, June 21, 1918. The American Red Cross is no part of the military forces of the United States. It is a private agency cooperating with the Army. Its personnel are subject to the laws of war when they accompany the Armies of the United States outside the territorial jurisdiction of the United States or in the field within the United States. 080, Feb. 3, 1919. BEGINNING AND END OF WORLD WAR 2203. Upon the question raised as to the "date of commencement of the present war" with reference to the action which should be taken on claims of officers and enlisted men for property destroyed in the military service under the act of March 3, 1885 (23 Stat. 350), providing that the act "shall not apply to losses sustained in time of war or hostilities with Indians," Held, That the date of the commencement of the present war should be regarded as the date of approval of the joint resolution of Congress of April 6, 1917 (40 Stat. 1), formally declaring a state of war as existing between the United States and the Imperial German Government. 18-461, June 30, 1917. In view of the provisions of public resolution of March 3, 1921 (41 Stat. 1359), "declaring that certain acts of Congress, joint resolutions, and proclamations shall be construed as if the war had ended and the present or existing emergency expired," it is held with respect to the World War that the date on and after which a man deserting from the United States Army ceases upon conviction by a court-martial of such desertion to lose his rights of United States citizenship under R. S. 1996 and 1998, as amended, is March 3, 1921. 014.33, June 25, 1921. 66 The existing emergency," as the term is used in the Selective Service Act (40 Stat. 76) and various other wartime statutes, means the unexpected happening of the special combination of circumstances which called forth and necessitated such legislation; and it will endure so long as that combination of circumstances continues. When the emergency terminates is a question of fact, but a fact which must be officially determined and declared by some constituted authority. Congress is competent to make that determination, though it has not (at the date of this opinion) done so. In the absence of congressional action, it lies with the President, under his trust to "take care that the laws be faithfully executed," to ascertain and declare the ending of the emergency and so to give effect to the laws in reference thereto. 210.9, Aug. 25, 1919. The question arises as to the date when the war with Germany terminated. Congress, by the public resolution of March 3, 1921 (41 Stat. 1359), declared that the state of war existing between the United States and Germany and Austria should be considered as terminated, but limited its terms in application to "Acts of Congress, joint resolutions, or proclamations of the President containing provisions contingent upon the duration or the date of the termination of such war or of such present or existing emergency." As the Attorney General said in his opinion of April 11, 1921 (32 Op. Atty. Gen. 505): It is true that the field with which the joint resolution purports to deal is limited, and is, as it were, carved out of the whole field of a state of war existing for all purposes. And although the Attorney General also said: That enactment is a large, general one, passed to carry out, in a broad field of legislation, a great public policy. It should, therefore, receive a liberal construction according to its own spirit Nevertheless it did not purport, nor was it interpreted, to refer to, or disturb, rights of individuals arising out of contracts. Certain contracts based upon the existence of an emergency would undoubtedly be affected by the action of Congress. In times of great public peril, pestilence, famine, or other disaster Congress has power to declare that an emergency exists and likewise to declare the end thereof. But the "termination of a war" implies action by the treatymaking power, the President, by and with the advice and consent of the Senate. Indeed, it was held that the Civil War, which was a "rebellion," was not officially terminated until April 2, 1866, the date of the President's proclamation declaring the same to be at an end. (The Protector, 12 Wall. 700.) The contract in reference is one that does not depend upon an emergency, but provides for a certain contingency to happen within a fixed period after the termination of the war. The termination of the war as to such a contract dates only from the exchange of ratifications (Dig. Op. J. A. G., 1912, p. 1081). In other words, action by the treaty-making power is necessary. by the court in Haver v. Yaker, 76 U. S. 32, 34: As was said It is undoubtedly true, as a principle of international law, that, as respects the rights of either government under it, a treaty is considered as concluded and binding from the date of its signature. In this regard the exchange of ratifications has a retroactive effect, confirming the treaty from its date. But a different rule prevails where the treaty operates on individual rights. The principle of relation does not apply to rights of this character, which were vested before the treaty was ratified. In so far as it affects them, it is not considered as concluded until there is an exchange of ratifications, and this we understand to have been decided by this court, in Arredondo's case, reported in 6th Peters. The reason of the rule is apparent. In this country, a treaty is something more than a contract, for the Federal Constitution declares it to be the law of the land. If so, before it can become a law, the Senate, in whom rests the authority to ratify it, must agree to it. But the Senate are not required to adopt or reject it as a whole, but may modify or amend it, as was done with the treaty under consideration. As the individual citizen, on whose rights of property it operates, has no means of knowing anything of it while before the Senate, it would be wrong in principle to hold him bound by it, as the law of the land, until it was ratified and proclaimed. It is therefore the opinion of this office that the date of the exchange of ratifications between this country and Germany should be taken as the proper date of the "termination of the war" in so far as the contract under consideration is concerned. 159, Dec. 22, 1921. With reference to the World War, a desertion occurring on or after April 6, 1917, and before March 3, 1921, should be regarded as a desertion in time of war, but a desertion occurring on or after March 3, 1921, can not be so considered. (See public resolution of April 6, 1917 (40 Stat. 1); public resolution of March 3, 1921 (41 Stat. 1359); 32 Op. Atty. Gen. 505.) 342.06, Feb. 17, 1922. Secs. CHARACTER OF SERVICE 2204. CUBAN PACIFICATION. 2205. MEXICAN BORDER. CUBAN PACIFICATION 2204. The question being whether the so-called Cuban pacification, from October 6, 1906, to April 1, 1909, is to be regarded as a war or rebellion of the United States. Held, That the intervention began in fact and in law on September 29, 1906. Bearing in mind that at no time thereafter was there any armed resistance on the part of the former insurgents against either the pro visional government or the American expeditionary forces, the "Cuban pacification" can not be regarded as a war or rebellion of the United States or against the authority thereof, regardless of the nature of the provisional government as to whether it was the constitutional government of Cuba or in a sense the Government of or by the United States. 055, Feb. 12, 1923. MEXICAN BORDER 2205. Within the field of operations of the expeditionary forces in Mexico, it "time of war," within the meaning of A. W. 58. C. M. 97680 (1917). was COOPERATION OF OTHER SERVICES WITH ARMY Secs. 2206. COAST GUARD. 2207. LIGHTHOUSE SERVICE. 2208. PUBLIC HEALTH SERVICE. COAST GUARD 2206. Sec. 1, act of January 28, 1915 (38 Stat. 800), provides for consolidation of the Revenue-Cutter Service and the Life Saving Service into the Coast Guard, which, it is declared, shall constitute a part of the military forces of the United States and shall operate under the Treasury Department in time of peace and under the Secretary of the Navy in time of war, or when the President shall so direct. It seems clear that, while the Coast Guard operates with the Navy in time of war, it at no time constitutes a part of the Navy. It at all times retains its own officers and men who are not subject to the control of the officers of the Navy except by order of the President. 045.7, Oct. 18, 1918. LIGHTHOUSE SERVICE 2207. In case of a transfer of the Lighthouse Service to the War Department in time of national emergency, as provided by the act of August 29, 1916 (39 Stat. 602), Held, That such employees will retain their civilian status and that the Employees' Compensation Act of September 17, 1916 (39 Stat. 742), will be applicable to them in case of their injury or death in line of duty; and further, that in case of their capture by the enemy, the principles of international law relating to prisoners of war no doubt will apply. 16-310, Mar. 9, 1917. PUBLIC HEALTH SERVICE 2208. A commissioned officer of the Public Health Service, whose entire servIce during the World War appears to have been with the Bureau of War Risk Insurance, a bureau of the Treasury Department, did not become a part of the Army during said war, by reason either of the provisions of section 4, act of July 1, 1902 (32 Stat. 713), whereby the President is authorized to utilize the Public Health Service "in times of threatened or actual war to such extent and in such manner as shall in his judgment promote the public interest without, however, in anywise impairing the efficiency of the service for the purposes for which the same was created and is maintained," or of the terms of the Executive order of April 3, 1917, reading, in part, as follows: Under the authority of the act of Congress approved July 1, 1902, and subject to the limitations therein expressed, it is ordered that thereafter in time of threatened or actual war the Public Health Service shall constitute a part of the military forces of the United States, and in times of threatened or actual war the Secretary of the Treasury may, upon request of the Secretary of War or the Secretary of the Navy, detail officers or employees of said service for duty either with the Army or Navy. * |