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ARTICLE 2. All the sanitary personnel, consisting of doctors, surgeons, pharmacists, nurses and stewards, and in general, all persons attached to the service of the hospitals and ambulances, shall be recognized as neutral.

ARTICLE 3. The persons hereunder indicated may, even after occupation by the enemy, continue to fulfill their functions in hospitals or ambulances with which they are connected as long as it shall seem necessary, after which they will retire from the field without being in any way hampered or molested.

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ARTICLE 4. However, these persons may take with them only such property as belongs to them. All the materiel which shall have served for the installation of the ambulance or hospital shall be subject to the law of war.

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ARTICLE 5. The inhabitants of the country who shall have transported or cared for the wounded on the field of battle shall be equally respected and absolutely free.

ARTICLE 6. Soldiers grievously wounded, either already in the hospitals and ambulances or carried from the field of battle, shall not only be cared for, independent of the nations to which they may belong, but shall not be made prisoners. They will be permitted to return to their own country on the condition that they shall not again bear arms during the compaign.

ARTICLE 7. To the soldiers mentioned in the preceding article shall be delivered a "safe conduct" and if necessary transportation expenses when after recovery they will have to leave the spot where they have been treated.

ARTICLE 8. Supplies necessary for the sick and the persons attached to the ambulance will be furnished by the occupying army, which will later be reimbursed for the amount in keeping with agreements previously entered into.

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ARTICLE 9. A distinctive brassard and uniform shall be recognized for the officers and sanitary employees of all armies.

An identical flag shall be adopted in all countries for ambulances and military hospitals.

This brassard and flag shall be those that were adopted at the International Conference of Geneva in October 1863. (Red Cross on a white field.)

ARTICLE 10.- Those who have not the right to wear the brassard and should do so for the purpose of spying, shall be punished with the extreme penalty of military law.

ARTICLE 11. Stipulations analogous to the ones preceding, relative to naval warfare, may constitute the object of an ulterior convention among interested powers.

[See also the following documents which have already appeared in the Supplements to the Journal:]

The Geneva Convention for the Amelioration of the Condition of the Sick and Wounded of Armies in the Field. Concluded August 22, 1864. Vol. I (April 1907), p. 90.

Additional Articles of 1868. Vol. I (April 1907), p. 92.

Articles XV and XXI of the Convention with Respect to the Laws and Customs of War on Land. The Hague, July 29, 1899. Vol. I (April 1907), pp 140 and 142.

Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of August 22, 1864. The Hague, July 29, 1899. Vol. I (April 1907), p. 159.

Convention for the Amelioration of the Condition of the Sick and Wounded of Armies in the Field. Geneva, July 6, 1906. Vol. I (April 1907), p. 201.

Articles XV and XXI of the Convention with Respect to the Laws and Customs of War on Land. The Hague, October 18, 1907. Vol. II, pp. 103 and 105.

Convention for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention. The Hague, October 18, 1907. Vol. II, p. 153.

TREATY BETWEEN THE UNITED STATES AND GREAT BRITAIN RESPECTING BOUNDARY WATERS BETWEEN THE UNITED STATES AND CANADA.1 Signed January 11, 1909; Ratifications Exchanged May 5, 1910; Proclaimed May 13, 1910.

The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being equally desirous to prevent disputes regarding the use of boundary waters and to settle all

1 U. S. Treaty Series, No. 548.

questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, have resolved to conclude a treaty in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

His Britannic Majesty, the Right Honorable James Bryce, O. M., his Ambassador Extraordinary and Plenipotentiary at Washington;

Who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles:

PRELIMINARY ARTICLE.

For the purposes of this treaty boundary waters are defined as the waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary.

ARTICLE I.

The High Contracting Parties agree that the navigation of all navigable boundary waters shall forever continue free and open for the purposes of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally, subject, however, to any laws and regulations of either country, within its own territory, not inconsistent with such privilege of free navigation and applying equally and without discrimination to the inhabitants, ships, vessels, and boats of both countries.

It is further agreed that so long as this treaty shall remain in force, this same right of navigation shall extend to the waters of Lake Michigan and to all canals connecting boundary waters, and now existing or which may hereafter be constructed on either side of the line. Either of the High Contracting Parties may adopt rules and regulations governing the use of such canals within its own territory and may charge tolls for the use thereof, but all such rules and regulations and all tolls charged

shall apply alike to the subjects or citizens of the High Contracting Parties and the ships, vessels, and boats of both of the High Contracting Parties, and they shall be placed on terms of equality in the use thereof.

ARTICLE II.

Each of the High Contracting Parties reserves to itself or to the several State Governments on the one side and the Dominion or Provincial Governments on the other as the case may be, subject to any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and diversion, whether temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary waters; but it is agreed that any interference with or diversion from. their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injury took place in the country where such diversion. or interference occurs; but this provision shall not apply to cases already existing or to cases expressly covered by special agreement between the parties hereto.

It is understood, however, that neither of the High Contracting Parties intends by the foregoing provision to surrender any right, which it may have, to object to any interference with or diversions of waters on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary.

ARTICLE III.

It is agreed that, in addition to the uses, obstructions, and diversions heretofore permitted or hereafter provided for by special agreement between the Parties hereto, no further or other uses or obstructions or diversions, whether temporary or permanent, of boundary waters on either side of the line, affecting the natural level or flow of boundary waters on the other side of the line, shall be made except by authority of the United States or the Dominion of Canada within their respective jurisdictions and with the approval, as hereinafter provided, of a joint commission, to be known as the International Joint Commission.

The foregoing provisions are not intended to limit or interfere with the existing rights of the Government of the United States on the one side and the Government of the Dominion of Canada on the other, to

undertake and carry on governmental works in boundary waters for the deepening of channels, the construction of breakwaters, the improvement of harbors, and other governmental works for the benefit of commerce and navigation, provided that such works are wholly on its own side of the line and do not materially affect the level or flow of the boundary waters on the other, nor are such provisions intended to interfere with the ordinary use of such waters for domestic and sanitary purposes.

ARTICLE IV.

The High Contracting Parties agree that, except in cases provided for by special agreement between them, they will not permit the construction or maintenance on their respective sides of the boundary of any remedial or protective works or any dams or other obstructions in waters flowing from boundary waters or in waters at a lower level than the boundary in rivers flowing across the boundary, the effect of which is to raise the natural level of waters on the other side of the boundary unless the construction or maintenance thereof is approved by the aforesaid International Joint Commission.

It is further agreed that the waters herein defined as boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.

ARTICLE V.

The High Contracting Parties agree that it is expedient to limit the diversion of waters from the Niagara River so that the level of Lake Erie and the flow of the stream shall not be appreciably affected. It is the desire of both Parties to accomplish this object with the least possible injury to investments which have already been made in the construction of power plants on the United States side of the river under grants of authority from the State of New York, and on the Canadian side of the river under licenses authorized by the Dominion of Canada and the Province of Ontario.

So long as this treaty shall remain in force, no diversion of the waters. of the Niagara River above the Falls from the natural course and stream thereof shall be permitted except for the purposes and to the extent hereinafter provided.

The United States may authorize and permit the diversion within the State of New York of the waters of said river above the Falls of Niagara,

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