MISCELLANEOUS

CLAIMS

CONVENTION BETWEEN THE UNITED STATES AND CANADA FOR THE FINAL SETTLEMENT OF DIFFICULTIES ARISING THROUGH COMPLAINTS OF DAMAGE DONE IN THE STATE OF WASHINGTON BY FUMES DISCHARGED FROM THE SMELTER AT TRAIL, BRITISH COLUMBIA 1

On April 15, 1935, a convention for the final settlement of the difficulties arising through complaints of damage done in the State of Washington by fumes discharged from the smelter of the Consolidated Mining and Smelting Company, at Trail, British Columbia, was signed at Ottawa.

The question of the damages inflicted in the State of Washington by sulphur fumes from the Trail Smelter, which is situated in British Columbia, near the United States boundary, was referred to the International Joint Commission in August 1929 under a provision of article IX of the treaty concerning boundary waters and questions arising along the boundary between the United States and Canada, of January 11, 1909 (Treaty Series, No. 548), that any difference arising along the frontier between the United States and Canada could be referred to the Commission, by agreement of the two countries, for examination and report. The report of the Commission made on February 28, 1931,2 was not acceptable to the United States in some respects. Further discussions have resulted in the signing of the present convention.

MONUMENTS

TREATY ON THE PROTECTION OF ARTISTIC AND SCIENTIFIC INSTITUTIONS AND HISTORIC MONUMENTS (ROERICH PACT)3

On April 15, 1935, in the presence of President Roosevelt, the treaty on the protection of artistic and scientific institutions and historic monuments was signed in the Executive Offices. Plenipotentiaries of the United States, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Pan

1 See Bulletin No. 18, March 1931, p. 2.

For text see Press Releases, Weekly Issue No. 75, Mar. 7, 1931, pp. 164–168. For English text see p. 55.

ama, Paraguay, Peru, Uruguay, and Venezuela affixed their signatures to the instrument.

This treaty was prepared by the Pan American Union in pursuance of a resolution (no. XIII, approved December 16, 1933) by the Seventh International Conference of American States at Montevideo, Uruguay.

Pan American Day, April 15, was chosen as a fitting date for the signature of the treaty, which will remain open for signature or adherence by all nations of the world, including those not members of the Pan American Union.

The treaty provides for the protection of historic monuments, museums, and scientific, artistic, religious, and cultural institutions in time of peace as well as in time of war. It provides also for the deposit with the Pan American Union by each signatory nation of a list of the monuments and institutions for which protection is desired. It is the duty of the Pan American Union to furnish all the governments parties to the treaty with copies of such lists.

During the ceremonies incident to the signing of the treaty the President of the United States delivered an address as follows:

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It is most appropriate that on this day, designated as Pan American Day by the Chief Executives of all the Republics of the American Continent, the Governments, members of the Pan American Union, should sign a treaty which marks a step forward in the preservation of the cultural achievements of the nations of this Hemisphere. In opening this Pact to the adherence of the nations of the world, we are endeavoring to make of universal application one of the principles vital to the preservation of modern civilization. "This treaty possesses a spiritual significance far deeper than the text of the instrument itself. It is but one of the many expressions of that basic doctrine of continental responsibility and continental solidarity which means so much to the present and to the future of the American Republics.

"On the occasion of this celebration of Pan American Day let us again dedicate ourselves to the task of translating into deeds the essential unity of interest of the nations of this Continent. Let us also bring renewed allegiance to those high principles of international cooperation and helpfulness which, I feel assured, will be a great contribution to civilization by the Americas."

Following the President's address, addresses were made by the Honorable Henry A. Wallace, Secretary of Agriculture, the Honorable Ricardo J. Alfaro, Minister of Panama to the United States, and Dr. Louis L. Horch, President of the Roerich Museum of New York. The texts of these addresses are printed below.

Address of the Honorable Henry A. Wallace

This day at the beginning of the Holy Week before Easter in the year 1935, representatives of the American nations have signed

the Roerich peace pact providing for the protection in times of war and peace of those cultural treasures which the enlightened spirits of all lands recognize as worthy of preservation no matter how tense and bitter the strife in the physical and economic world. I have felt it a great pleasure and honor to be associated today with these gentlemen from many different nations in signing this historic document which in my opinion will take its place beside the Red Cross treaties as a symbol of those forces which bind the nations together. I look forward to the day when travelers over the world will look for the banner of the Encircled Triple Crimson Sphere, knowing when they see it that here is something which has in it significance running across the national boundary lines, something of peculiar beauty, a national monument, a heritage out of the past, or something of unusual importance in the scientific or educational world.

Speaking a few days ago at the annual meeting of the Red Cross, I had occasion to pay tribute to the sympathetic heart and practical genius of Henry Dunant, a Swiss, who, as a result of the suffering which he saw at the battle of Solferino in Italy in 1859, promoted the movement which finally became the International Red Cross. Today it is appropriate that we should give recognition to the genius of Nicholas Roerich in whose mind this Pact and Banner first originated. Thirty-two years ago on an archeological trip through the ancient monasteries of Russia, he became impressed with the dangers of the vandalism in peace or the barbarism in war which might destroy many irreplaceable human treasures. At that time he presented a report to the Society of Architects of Russia urging on them the desirability of starting a movement of this sort. Again in 1915 after the destruction which characterized the first year of the World War, he brought the matter to the attention of the Czar and Grand Duke of Russia. But at that time unfortunately the heat of war was upon the nations and nothing practical could be done. Again after the World War, traveling in Central Asia, Professor Roerich discovered that many priceless objects out of the past were being destroyed, not only by barbaric tribesmen but by Western travelers. Therefore, in 1929 on his return from Asia he formulated what essentially is the present Pact, which won the support of international jurists and cultural leaders both of Europe and the United States. It is not surprising that the first two meetings on this Pact were held in Belgium. The third convention was held in November 1933 in Washington with official delegates from 35 nations. Following this meeting, the Montevideo Conference passed a resolution recommending its adoption by the American States. Pursuant to this resolution the Governing Board of the Pan American Union prepared the Pact which is today being officially launched as an international agreement.

Interesting as the history of the Pact has been, it is even more important to consider its present uses and its future. Humanity today is terribly heartsick. As a result of the disintegrating forces let loose by the World War and the differential economic effects of increasing mechanization, there has been a rising tension and uneasiness between the classes and between the nations. Efforts have been made again and again to solve this disturbing situation by dis

armament conferences, peace treaties, economic conversations, and currency stabilization agreements. Thus far all of these have proved singularly disappointing. With the international situation as it is today, no great nation feels that it can altogether renounce war as a possible instrument of national policy. Those who attempt to bring about the renunciation of war without working more precisely on the nature of the binding ties of human hearts across the nations are probably engaged in vain undertakings.

Many of the logically fine objectives in the way of lowering economic and currency barriers can perhaps be attained in any complete and binding fashion only after the human beings of the world have come more nearly to recognize their cultural unity. Concerning beauty, true science, and the cultural treasures of the past there can be no discord among the different peoples of the world. A Rembrandt is appreciated whether it is found in the United States, in the Netherlands, or in Germany.

No one knows today how far it is possible for the different nations of the world to go in forming international currency pacts, the lowering of trade barriers, or disarmament agreements. Methods of this sort tend too often to be sophisticated and futile. While undoubtedly efforts in these directions should continue, it would seem desirable also to hold up before the world, in times like these, the ideal of the Unity of Human Heart regardless of nation in the worship of beauty, of culture, of religion, of science, and of education. There are thousands of people in each of the nations of the world animated by these finer, broader human aspirations, and many of them will welcome the mechanism of the Roerich Pact as a means of making more manifest on earth those intangible forces which they have long recognized as the true guides of international good feeling.

Throughout all history mankind has sought an ever deeper and broader unity of purpose. During the past 300 years much has been said about the rights of the individual. As persons and as nations, the individuals have striven mightily. In so doing they have brought themselves to the brink of chaos, and it is now necessary to think a little more about duties, and a little less perhaps about rights; a little more perhaps about discipline, and a little less perhaps about complete freedom; a little more about the ties which bind us all together and much less about the hatreds and irritations which thrust us as individuals, or classes, or nations, apart from one another. The symbolism of the three spheres contained in the larger circle to my mind conveys the thought of the most complete realization of the possibilities of the individual person or the particular class or the specific nation within the limitations of the larger whole. This is a philosophic doctrine of the most profound significance. In law and government we can speculate endlessly and with profit about the relationship between liberty and duty, and the development of a constructive outcome to the apparent conflict between individualistic democracy and the strong enforcement of constructive justice. Always the individualistic units must strive to their utmost to realize their full potentialities, but always these efforts must be within the due bounds of a cultural decency which recognizes the fundamental unity of all humanity. Those who would emphasize a par

ticular individual or class or nation beyond these due bounds violate what I believe to be a sacred law, and inevitably must pay the penalty.

I believe the Roerich Pact is in conformity with the deepest, most sacred laws of the universe, and that it has become an international reality at an especially propitious time. Launched in the year 1935 at the beginning of the Holy Week before Easter, it can, and I believe, will serve as the germinal essence of what eventually will be a New Deal among the nations. And in so saying, I am not talking about a New Deal characterized by emergency agencies, but about the spiritual New Deal which places that which is fine in humanity above that which is low and sordid and mean and hateful and grabbing.

From an immediate practical point of view, the next step would seem to be for the permanent committee of which I happen to be honorary chairman and of which Louis L. Horch, President of the Roerich Museum, is active chairman, to start upon the task of cataloging the particular sites, museums, national monuments, scientific institutions, etc., which are entitled under the terms of the Pact to protection from vandalism in peace and barbarism in war. Such places are entitled to fly the banner of peace. Thus far the Roerich peace pact has been open to signature only by the American nations. From henceforth it will be open to signature by all the nations of the world. I anticipate that those who work with this great cultural instrument will deepen the true international consciousness of the finest people in all the nations. This consciousness can be arrived at not as a result of a narrow class dogma or a commercial treaty or a disarmament agreement, but by an appeal to the common appreciation of those treasures of beauty and science which each nation wishes to pass on to posterity as its peculiar and enduring contribution to the ages.

Address of the Honorable Ricardo J. Alfaro

MR. PRESIDENT, YOUR EXCELLENCIES: The historic act which has just taken place is one that marks a signal victory in the perennial struggle of the better sentiments of man against the ravages of war. Seventy-one years ago a convention was signed at Geneva whereby the person of the wounded and the infirm was pronounced sacred and placed beyond the sphere of armed hostilities. Today the representatives of the republics of the American continent have gathered at the White House in Washington for the purpose of pronouncing also sacred the treasures of art, science, and history which constitute the common heritage of mankind.

After the protection accorded by international agreement to humanitarian activities such as the Red Cross, civilization has undertaken the protection of human culture. The world is today wonderfully organized for service in behalf of those who have fallen by their colors in the bloody clashes of war. The Red Cross guarantees immunity and respect to physicians and nurses in the discharge of their humanitarian ministrations; to hospitals and ambulances; to all persons and things devoted to the alleviation of the misery and suffering brought about by the armed strife of nation against nation.