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dentist, or veterinary surgeon registered under this Act:

Provided, however, That such prescription shall be dated

as of the day on which signed and shall be signed by the

physician, dentist, or veterinary surgeon who shall have

issued the same: And provided further, That such dealer

shall preserve such prescription for a period of two years

from the day on which such prescription is filled in such a

way as to be readily accessible to inspection by the officers,

agents, employees, and officials hereinbefore mentioned.

any of the aforesaid drugs by any person within the United

States or any Territory or the District of Columbia or any

of the insular possessions of the United States to any per-

son in any foreign country, regulating their entry in accor-

dance with such regulations for importation thereof into

such foreign country as are prescribed by said country,

such regulations to be promulgated from time to time by

the Secretary of State of the United States.

(d) To the sale, barter, exchange, or giving away of any

of the aforesaid drugs to any officer of the United States

Government or of any State, territorial, district, county, or

municipal or insular government lawfully engaged in mak-

ing purchases thereof for the various departments of the

Army and Navy, the Public Health Service, and for Gov-

ernment, State, territorial district, county, or municipal or

insular hospitals or prisons.

The Commissioner of Internal Revenue, with the

approval of the Secretary of the Treasury, shall cause suit-

able forms to be prepared for the purposes above men-

tioned, and shall cause the same to be distributed to

collectors of internal revenue for sale by them to those

persons who shall have registered and paid the special tax

as required by section one of this Act in their districts,

respectively; and no collector shall sell any of such forms to

any persons other than a person who has registered and

paid the special tax as required by section one of this Act

in his district. The price at which such forms shall be sold

by said collectors shall be fixed by the Commissioner of

Internal Revenue, with the approval of the Secretary of the

Treasury, but shall not exceed the sum of $1 per hundred.

Every collector shall keep an account of the number of

such forms sold by him, the names of the purchasers, and

the number of such forms sold to each of such purchasers.

Whenever any collector shall sell any of such forms, he

shall cause the name of the purchaser thereof to be plainly

written or stamped thereon before delivering the same;

and no person other than such purchaser shall use any of

said forms bearing the name of such purchaser for the pur-

pose of procuring any of the aforesaid drugs, or furnish any

of the forms bearing the name of such purchaser to any

person with intent thereby to procure the shipment or

delivery of any of the aforesaid drugs. It shall be unlawful

for any person to obtain by means of said order forms any

of the aforesaid drugs for any purpose other than the use,

sale, or distribution thereof by him in the conduct of a law-

ful business in said drugs or in the legitimate practice of his

profession.

The provisions of this Act shall apply to the United

States, the District of Columbia, the Territory of Alaska, the

Territory of Hawaii, the insular possessions of the United

States, and the Canal Zone. In Porto Rico and the Philip-

pine Islands the administration of this Act, the collection of

the said special tax, and the issuance of the order forms

specified in section two shall be performed by the appro-

priate internal-revenue officers of those governments, and

all revenues collected hereunder in Porto Rico and the

Philippine Islands shall accrue intact to the general govern-

ments thereof, respectively. The courts of first instance in

the Philippine Islands shall possess and exercise jurisdiction

in all cases arising under this Act in said islands. The Pres-

ident is authorized and directed to issue such Executive

orders as will carry into effect in the Canal Zone the intent

and purpose of this Act by providing for the registration

and the imposition of a special tax upon all persons in the

Canal Zone who produce, import, compound, deal in, dis-

pense, sell, distribute, or give away opium or coca leaves,

their salts, derivatives, or preparations.

Sec. 3. That any person who shall be registered in any

internal-revenue district under the provisions of section

one of this Act shall, whenever required so to do by the

collector of the district, render to the said collector a true

and correct statement or return, verified by affidavit, set-

ting forth the quantity of the aforesaid drugs received by

him in said internal-revenue district during such period

immediately preceding the demand of the collector, not

exceeding three months, as the said collector may fix and

determine; the names of the persons from whom the said

drugs were received; the quantity in each instance

received from each of such persons, and the date when

received.

Sec. 4. That it shall be unlawful for any person who

shall not have registered and paid the special tax as

required by section one of this Act to send, ship, carry, or

deliver any of the aforesaid drugs from any State or Terri-

tory or the District of Columbia, or any insular possession

of the United States, to any person in any other State or

Territory or the District of Columbia or any insular pos-

session of the United States: Provided, That nothing con-

tained in this section shall apply to common carriers

engaged in transporting the aforesaid drugs, or to any

employee acting within the scope of his employment, of

any person who shall have registered and paid the special

tax as required by section one of this Act, or to any person

who shall deliver any such drug which has been prescribed

or dispensed by a physician, dentist, or veterinarian

required to register under the terms of this Act, who has

1252 ERA 7: The Emergence of Modern America

been employed to prescribe for the particular patient

receiving such drug, or to any United States, State, county,

municipal, District, Territorial, or insular officer or official

acting within the scope of his official duties.

Sec. 5. That the duplicate-order forms and the pre-

scriptions required to be preserved under the provisions of

section two of this Act, and the statements or returns filed

in the office of the collector of the district, under the pro-

visions of section three of this Act, shall be open to inspec-

tion by officers, agents, and employees of the Treasury

Department duly authorized for that purpose; and such

officials of any State or Territory, or of any organized

municipality therein, or of the District of Columbia, or any

insular possession of the United States, as shall be charged

with the enforcement of any law or municipal ordinance

regulating the sale, prescribing, dispensing, dealing in, or

distribution of the aforesaid drugs. Each collector of inter-

nal revenue is hereby authorized to furnish, upon written

request, certified copies of any of the said statements or

returns filed in his office to any of such officials of any

State or Territory or organized municipality therein, or the

District of Columbia, or any insular possession of the

United States, as shall be entitled to inspect the said state-

ments or returns filed in the office of the said collector,

upon the payment of a fee of $1 for each one hundred

words or fraction thereof in the copy or copies so

requested. Any person who shall disclose the information

contained in the said statements or returns or in the said

duplicate-order forms, except as herein expressly pro-

vided, and except for the purpose of enforcing the provi-

sions of this Act, or for the purpose of enforcing any law of

any State or Territory or the District of Columbia, or any

insular possession of the United States, or ordinance of any

organized municipality therein, regulating the sale, pre-

scribing, dispensing, dealing in, or distribution of the

aforesaid drugs, shall, on conviction, be fined or impris-

oned as provided by section nine of this Act. And collectors

of internal revenue are hereby authorized to furnish upon

written request, to any person, a certified copy of the

names of any or all persons who may be listed in their

respective collection districts as special-tax payers under

the provisions of this Act, upon payment of a fee of $1 for

each one hundred names or fraction thereof in the copy so

requested.

Sec. 6. That the provisions of this Act shall not be con-

strued to apply to the sale, distribution, giving away, dis-

pensing, or possession of preparations and remedies which

do not contain more than two grains of opium, or more

than one-fourth of a grain of morphine, or more than one-

eight of a grain of heroin, or more than one grain of

codeine, or any salt or derivative of any of them in one

fluid ounce, or, if a solid or semisolid preparation, in one

avoirdupois ounce,; or to liniments, ointments, or other

preparations which are prepared for external use only,

except liniments, ointments, and other preparations which

contain cocaine or any of its salts or alpha or beta eucaine

or any of their salts or any synthetic substitute for them:

Provided, That such remedies and preparations are sold,

distributed, given away, dispensed, or possessed as

medicines and not for the purpose of evading the inten-

tions and provisions of this Act. The provisions of this Act

shall not apply to decocainized coca leaves or preparations

made therefrom, or to other preparations of coca leaves

which do not contain cocaine.

Sec. 7. That all laws relating to the assessment, collec-

tion, remission, and refund of internal-revenue taxes,

including section thirty-two hundred and twenty-nine of

the Revised Statutes of the United States, so far as appli-

cable to and not inconsistent with the provisions of this

Act, are hereby extended and made applicable to the spe-

cial taxes imposed by this Act.

Sec. 8. That it shall be unlawful for any person not reg-

istered under the provisions of this Act, and who has not

paid the special tax provided for by this Act, to have in his

possession or under his control any of the aforesaid drugs;

and such possession or control shall be presumptive evi-

dence of a violation of this section, and also of a violation

of the provisions of section one of this Act: Provided, That

this section shall not apply to any employee of a registered

person, or to a nurse under the supervision of a physician,

dentist, or veterinary surgeon registered under this Act,

having such possession or control by virtue of his employ-

ment or occupation and not on his own account; or to the

possession of any of the aforesaid drugs which has or have

been prescribed in good faith by a physician, dentist, or

veterinary surgeon registered under this Act; or to any

United States, State, county, municipal, District, Territo-

rial, or insular officer or official who has possession of any

said drugs, by reason of his official duties, or to a ware-

houseman holding possession for a person registered and

who has paid the taxes under this Act; or to common car-

riers engaged in transporting such drugs: Provided further,

That it shall not be necessary to negative any of the afore-

said exemptions in any complaint, information, indict-

ment, or other writ or proceeding laid or brought under

this Act; and the burden of proof of any such exemption

shall be upon the defendant.

Sec. 9. That any person who violates or fails to comply

with any of the requirements of this Act shall, on convic-

tion, be fined not more than $2,000 or be imprisoned not

more than five years, or both, in the discretion of the court.

Sec. 10. That the Commissioner of Internal Revenue,

with the approval of the Secretary of the Treasury, is

authorized to appoint such agents, deputy collectors,

inspectors, chemists, assistant chemists, clerks, and mes-

sengers in the field and in the Bureau of Internal Revenue

Progressivism 1253

in the District of Columbia as may be necessary to enforce

the provisions of this Act.

Sec. 11. That the sum of $150,000, or so much thereof

as may be necessary, be, and hereby is, appropriated, out

of any moneys in the Treasury not otherwise appropriated,

for the purpose of carrying into effect the provisions of

this Act.

Sec. 12. That nothing contained in this Act shall be

construed to impair, alter, amend, or repeal any of the pro-

visions of the Act of Congress approved June thirtieth,

nineteen hundred and six, entitled “An Act for preventing

the manufacture, sale, or transportation of adulterated or

misbranded, or poisonous, or deleterious foods, drugs,

medicines, and liquors, and for regulating traffic therein,

and for other purposes,” and any amendment thereof, or of

the Act approved February ninth, nineteen hundred and

nine, entitled “An Act to prohibit the importation and use

of opium for other than medicinal purposes,” and any

amendment thereof.

Source:

Statutes at Large, Vol. 38, pp. 785–790.

Adamson Act, 1916

Legislation enacted by the U.S. Congress September 3, 1916,

which established an eight-hour day for railroad workers oper-

ating on interstate lines, without a reduction in their wages. It

replaced the 10-hour day and provided time-and-a-half for

overtime. The act was passed as an emergency measure to

avoid the threatened strike by railway workers that might have

hindered U.S. preparations for World War I. The railroads

claimed that the act was unconstitutional, effectively raising

wages rather than limiting hours, because normal operation

required more than eight hours of work. In

Wilson v. New

(1917) the Supreme Court upheld the act under the federal

government’s right to regulate interstate commerce.

Congress enacted the Mann-Elkins Act, June 18, 1910. It

placed the growing, and previously unregulated, communica-

tions industry—including telephone, telegraph, cable, and

wireless companies—under the jurisdiction of the Interstate

Commerce Commission (ICC). The act, sponsored by Senator

Stephen B. Elkins of West Virginia and Representative James

Robert Mann of Illinois, also strengthened federal control over

railroad rates by giving the ICC power to act on its own initia-

tive, rather than merely in response to formal complaints. The

ICC could suspend rate increases pending court decisions and

could more effectively enforce provisions preventing carriers

from charging more for short hauls than for long ones.

Also known as the Transportation Act of 1920, the Esch-

Cummins Act of February 28, 1920, authored by Representa-

tive John J. Esch of Wisconsin and Senator Albert B. Cummins

of Iowa returned the railroads to private control. Two years

earlier, during World War I, the U.S. Congress had passed the

Railway Administration Act which provided for the operation

of the nation’s railroads by the federal government for the

duration of the war and a reasonable period thereafter and for

just compensation to the owners. The U.S. government had

taken control of railroads in December 1917 to prevent a rail

crisis following the outbreak of the war. The act guaranteed

stockholders and bondholders compensation equal to the

average annual net operating income between 1914 and

1917. It also established a regional system of administration.

As significant, the Esch-Cummins Act broadened the

powers of the ICC. The act authorized the ICC to consolidate

railroads for greater efficiency, exempting the groups from

antitrust legislation; to evaluate railroad properties; to set min-

imum and maximum rates and a fair return to stockholders;

and to establish a fund supported by carriers to benefit finan-

cially troubled rail lines. The act also created the Railroad

Labor Board, composed of employees, company members,

and the public, to resolve wage disputes.

May 20, 1926, the Watson-Parker Act (after sponsors Sen-

ator James E. Watson of Indiana and Representative James S.

Parker of New York), or the U.S. Railway Labor Act, was passed,

superseding Esch-Cummins. This act established the U.S. Board

of Mediation to settle railroad labor disputes and to replace the

Railroad Labor Board. The new, independent agency contained

five members appointed by the president and could enter dis-

putes on its own initiative. In the event of an impasse, the board

could ask the president to authorize an investigation and to

declare a 30-day “cooling-off” period, during which no strike

could occur. The act was amended by the Railway Labor Act of

1934, which covered workers’ rights to organize and bargain

collectively on railroads and airlines and created a board to

hear disputes about existing labor contracts.

________________________

_______________________

An Act

To establish an eight-hour day for employees of carriers

engaged in interstate and foreign commerce, and for other

purposes.

Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assem-

bled, That beginning January first, nineteen hundred and

seventeen, eight hours shall, in contracts for labor and ser-

vice, be deemed a day’s work and the measure or standard

of a day’s work for the purpose of reckoning the compen-

sation for services of all employees who are now or may

hereafter be employed by any common carrier by railroad,

except railroads independently owned and operated not

exceeding one hundred miles in length, electric street rail-

roads, and electric interurban railroads, which is subject to

the provisions of the Act of February fourth, eighteen hun-

dred and eighty-seven, entitled “An Act to regulate com-

1254 ERA 7: The Emergence of Modern America

merce,” as amended, and who are now or may hereafter be

actually engaged in any capacity in the operation of trains

used for the transportation of persons or property on rail-

roads, except railroads independently owned and operated

not exceeding one hundred miles in length, electric street

railroads, and electric interurban railroads, from any State

or Territory of the United States or the District of

Columbia to any other State or Territory of the United

States or the District of Columbia, or from one place in a

Territory to another place in the same Territory, or from

any place in the United States to an adjacent foreign coun-

try, or from any place in the United States through a for-

eign country to any other place in the United States:

Provided, That the above exceptions shall not apply to rail-

roads though less than one hundred miles in length whose

principal business is leasing or furnishing terminal or

transfer facilities to other railroads, or are themselves

engaged in transfers of freight between railroads or

between railroads and industrial plants.

Sec. 2. That the President shall appoint a commission of

three, which shall observe the operation and effects of the

institution of the eight-hour standard workday as above

defined and the facts and conditions affecting the relations

between such common carriers and employees during a

period of not less than six months nor more than nine

months, in the discretion of the commission, and within

thirty days thereafter such commission shall report its find-

ings to the President and Congress; that each member of

the commission created under the provisions of this Act

shall receive such compensation as may be fixed by the Pres-

ident. That the sum of $25,000, or so much thereof as may

be necessary, be, and hereby is, appropriated, out of any

money in the United States Treasury not otherwise appro-

priated, for the necessary and proper expenses incurred in

connection with the work of such commission, including

salaries, per diem, traveling expenses of members and

employees, and rent, furniture, office fixtures and supplies,

books, salaries, and other necessary expenses, the same to

be approved by the chairman of said commission and

audited by the proper accounting officers of the Treasury.

Sec. 3. That pending the report of the commission

herein provided for and for a period of thirty days there-

after the compensation of railway employees subject to

this Act for a standard eight-hour workday shall not be

reduced below the present standard day’s wage, and for all

necessary time in excess of eight hours such employees

shall be paid at a rate not less than the pro rata rate for

such standard eight-hour workday.

Sec. 4. That any person violating any provision of this

Act shall be guilty of a misdemeanor and upon conviction

shall be fined not less than $100 and not more than $1,000,

or imprisoned not to exceed one year, or both.

Source:

Statutes at Large, Vol. 39, pp. 721–722.

Role of the United States in World Affairs in the Early 20th Century 1255

Role of the United States in World Affairs

in the Early 20th Century

Hay-Pauncefote Treaty, 1901

The second of two treaties concluded between U.S. secretary

of state John M. Hay and Lord (Julian) Pauncefote of Preston,

Great Britain’s ambassador to the United States, on February 5,

1900, which the British Parliament rejected, and again on

November 18, 1901, providing for exclusive control by the

United States over the construction and management of any

future isthmian canal in Central America, which was to be

open to ships of all countries on equal terms, under a general

principle of its neutrality. The second treaty differed from the

first in that it contained an added provision granting the

United States the right to fortify and defend any such future

canal. The treaty thus abrogated the previous British-U.S.

agreement through which both Great Britain and the United

States were to share control over the canal.

On June 28, 1902, Congress enacted legislation intro-

duced by Senator John C. Spooner of Wisconsin authorizing

President Theodore Roosevelt to purchase from the French

the New Panama Canal Company for $40 million, a conces-

sion to build a canal across the Isthmus of Panama, a part of

Colombia at the time. The act stipulated that Colombia grant

to the United States perpetual control over the right of way. If

Colombia refused, Congress authorized the U.S. president to

initiate negotiations with Nicaragua for the construction of a

canal. When Colombia refused to accept the U.S. terms, the

province of Panama revolted and declared its independence.

The United States recognized the new Republic of Panama in

November and negotiated the Hay–Bunau-Varilla Treaty,

granting the United States sovereignty over the Panama Canal

Zone.

In the Hay–Bunau-Varilla Treaty signed in Washington,

D.C., November 18, 1903, by U.S. secretary of state John Hay

and Philippe Bunau-Varilla, a French engineer associated with

the New Panama Canal Company and the Republic of

Panama’s appointed minister to Washington, the United States

acquired the right to build a canal across the Isthmus of

Panama; to perpetually use, occupy, and control a zone 10

miles wide; and the right to acquire additional lands as might

be needed for the construction, maintenance, sanitation, oper-

ation, and protection of the canal. Panama was to receive $10

million, along with $250,000 annually, beginning nine years

after the day the treaty went into effect.

U.S. secretary of state Cordell Hull and Panama’s foreign

minister Ricardo J. Alfaro agreed to amend the Hay–Bunau-

Varilla Treaty in 1939. Hull made substantial concessions to

Panama: The United States renounced its guarantee of the

independence of Panama, the right to expropriate additional

land for Panama Canal use without restrictions, the right of

eminent domain in the cities of Panama and Colón, and the

unlimited right to defend the canal. Panama’s annuity of

$250,000 was also increased to $430,000. The U.S. Senate

approved the treaty in July 1939, only after the United States

was assured the freedom to act without consultation in

defense emergencies.

________________________

_______________________

The United States of America and His Majesty Edward the

Seventh, of the United Kingdom of Great Britain and Ire-

land, and of the British Dominions beyond the Seas, King,

and Emperor of India, being desirous to facilitate the con-

struction of a ship canal to connect the Atlantic and Pacific

Oceans, by whatever route may be considered expedient,

and to that end to remove any objection which may arise

out of the Convention of the 19th April, 1850, commonly

called the Clayton-Bulwer Treaty, to the construction of

such canal under the auspices of the Government of the

United States, without impairing the “general principle” of

neutralization established in Article VIII of that Conven-

tion, have for that purpose appointed as their Plenipoten-

tiaries:

The President of the United States, John Hay, Secre-

tary of State of the United States of America;

And His Majesty Edward the Seventh, of the United

Kingdom of Great Britain and Ireland, and of the British

Dominions beyond the Seas, King, and Emperor of India,

the Right Honorable Lord Pauncefote, G. C. B., G. C. M.

G., His Majesty’s Ambassador Extraordinary and Plenipo-

tentiary to the United States;

Who, having communicated to each other their full

powers which were found to be in due and proper form,

have agreed upon the following Articles:

Article I

The High Contracting Parties agree that the present

Treaty shall supersede the aforementioned Convention of

the 19th April, 1850.

Article II

It is agreed that the canal may be constructed under the

auspices of the Government of the United States, either

directly at its own cost, or by gift or loan of money to indi-

viduals or Corporations, or through subscription to or pur-

chase of stock or shares, and that, subject to the provisions

of the present Treaty, the said Government shall have and

enjoy all the rights incident to such construction, as well as

the exclusive right of providing for the regulation and man-

agement of the canal.

Article III

The United States adopts, as the basis of the neutralization

of such ship canal, the following Rules, substantially as

embodied in the Convention of Constantinople, signed the

28th [29th] October, 1888, for the free navigation of the

Suez Canal, that is to say:

1. The canal shall be free and open to the vessels of

commerce and of war of all nations observing these Rules,

on terms of entire equality, so that there shall be no dis-

crimination against any such nation, or its citizens or sub-

jects, in respect of the conditions or changes of traffic, or

otherwise. Such conditions and charges of traffic shall be

just and equitable.

2. The canal shall never be blockaded, nor shall any

right of war be exercised nor any act of hostility be com-

mitted within it. The United States, however, shall be at

liberty to maintain such military police along the canal as

may be necessary to protect it against lawlessness and dis-

order.

3. Vessels of war of a belligerent shall not revictual nor

take any stores in the canal except so far as may be strictly

necessary; and the transit of such vessels through the canal

shall be effected with the least possible delay in accordance

with the Regulations in force, and with only such intermis-

sion as may result from the necessities of the service.

Prizes shall be in all respects subject to the same Rules

as vessels of war of the belligerents.

4. No belligerent shall embark or disembark troops,

munitions of war, or warlike materials in the canal, except

1256 ERA 7: The Emergence of Modern America

in case of accidental hindrance of the transit, and in such

case the transit shall be resumed with all possible dis-

patch.

5. The provisions of this Article shall apply to waters

adjacent to the canal, within 3 marine miles of either

end. Vessels of war of a belligerent shall not remain in

such waters longer than twenty-four hours at any one

time, except in case of distress, and in such case shall

depart as soon as possible; but a vessel of war of one

belligerent shall not depart within twenty-four hours

from the departure of a vessel of war of the other bel-

ligerent.

6. The plant, establishments, buildings, and all works

necessary to the construction, maintenance, and operation

of the canal shall be deemed to be part thereof, for the

purposes of this Treaty, and in time of war, as in time of

peace, shall enjoy complete immunity from attack or injury

by belligerents, and from acts calculated to impair their

usefulness as part of the canal.

Article IV

It is agreed that no change of territorial sovereignty or of

the international relations of the country or countries tra-

versed by the before-mentioned canal shall affect the

general principle of neutralization or the obligation of the

High Contracting Parties under the present Treaty.

Article V

The present Treaty shall be ratified by the President of the

United States, by and with the advice and consent of the

Senate thereof, and by His Britannic Majesty; and the rat-

ifications shall be exchanged at Washington or at London

at the earliest possible time within six months from the

date hereof.

Source:

Charles I.Bevan, Treaties and Other Agreements of the United

States of America, 1776–1949, Washington, D.C.: Govern-

ment Printing Office, 1968–76.

The Platt Amendment, 1901

Amendment designed to regulate the relations between the

United States and Cuba and originally attached to the Army

Appropriations Bill of 1901. Named after Senator Orville H.

Platt of Connecticut, chairman of the Committee on Relations

with Cuba, the amendment prohibited Cuba from signing any

treaties that might jeopardize its independence; it stipulated

that Cuba would leave naval bases to the United States; and it

sanctioned United States intervention in Cuba whenever there

existed a danger to life, property, or individual freedom. Under

pressure from the United States, Cuba reluctantly incorporated

the amendment into its 1901 constitution. In effect until 1934,

the amendment was finally abrogated under Franklin D. Roo-

sevelt’s Good Neighbor Policy.

________________________

_______________________

The Platt Amendment

The government of Cuba shall never enter into any treaty

or other compact with any foreign power or powers which

will impair or tend to impair the independence of Cuba,

nor in any manner authorize or permit any foreign power

or powers to obtain by colonization or for military or naval

purposes or otherwise, lodgment in or control over any

portion of said island.

Said government shall not assume or contract any public

debt, to pay the interest upon which, and to make reason-

able sinking fund provision for the ultimate discharge of

which, the ordinary revenues of the island, after defraying

the current expenses of government, shall be inadequate.

III

The government of Cuba consents that the United States

may exercise the right to intervene for the preservation of

Cuban independence, the maintenance of a government

adequate for the protection of life, property, and individual

liberty, and for discharging the obligations with respect to

Cuba imposed by the Treaty of Paris on the United States,

now to be assumed and undertaken by the government of

Cuba.

All acts of the United States in Cuba during its military

occupancy thereof are ratified and validated, and all lawful

rights acquired thereunder shall be maintained and pro-

tected.

The government of Cuba will execute, and as far as neces-

sary extend, the plans already devised or other plans to be

mutually agreed upon, for the sanitation of the cities of the

island, to the end that a recurrence of epidemic and infec-

tious diseases may be prevented, thereby assuring protec-

tion to the people and commerce of Cuba, as well as to the

commerce of the southern ports of the United States and

the people residing therein.

The Isle of Pines shall be omitted from the proposed con-

stitutional boundaries of Cuba, the title thereto being left

to future adjustment by treaty.

Role of the United States in World Affairs in the Early 20th Century 1257

VII

To enable the United States to maintain the independence

of Cuba, and to protect the people thereof, as well as for

its own defense, the government of Cuba will sell or lease

to the United States lands necessary for coaling or naval

stations at certain specified points, to be agreed upon with

the President of the United States.

VIII

By way of further assurance the government of Cuba will

embody the foregoing provisions in a permanent treaty

with the United States.

Source:

Scott, John A., ed. Living Documents in American History. New

York: Washington Square Press, 1964–68, pp. 615–616.

Lodge Corollary to the

Monroe Doctrine, 1912

Statement of U.S. policy related to the Monroe Doctrine that

was prepared by Senator Henry Cabot Lodge of Massachusetts

and adopted by the Senate on August 2, 1912. The resolution

was occasioned by American concern that a Japanese syndi-

cate was trying to obtain control of land on Magdalena Bay in

lower California. It declared that any land in the American

continents situated where foreign military or naval occupation

“might threaten the communications or safety of the United

States” could not pass into possession by a corporation or

association controlled by a foreign power. The corollary was

the first application of the Monroe Doctrine to an Asian power.

Previously, the Monroe Doctrine applied only to Latin Amer-

ica. In 1895, Secretary of State Richard Olney intervened in a

dispute between Great Britain and Venezuela over a boundary

in British Guiana. Olney demanded that Britain submit the dis-

pute to arbitration. In a broad interpretation of the Monroe

Doctrine, he argued that British pressure on Venezuela would

constitute an unacceptable extension of European coloniza-

tion in the Americas. His dispatch read: “Today the United

States is practically sovereign on this continent, and its fiat is

law upon the subjects to which it confines its interposition.” To

avoid the possibility of war with the United States, Britain

agreed to arbitration. The dispute was settled in 1899.

________________________

_______________________

Resolved, That when any harbor or other place in the

American continents is so situated that the occupation

thereof for naval or military purposes might threaten the

communications or the safety of the United States, the

Government of the United States could not see without

grave concern the possession of such harbor or other

place by any corporation or association which has such a

relation to another Government, not American, as to give

that Government practical power of control for national

purposes.

Source:

Congressional Record, Washington, D.C., 1912.

Jones Act, 1917

Legislation enacted by the U.S. Congress on March 2, 1917,

that made Puerto Rico a U.S. territory, granted U.S. citizenship

to its inhabitants, and broadened self-government in the

island. The act incorporated a bill of rights that gave Puerto

Ricans most of the civil rights enunciated in the U.S. Constitu-

tion, except the right to demand a trial by jury. Male suffrage

was granted, and the Puerto Rican senate was made an elec-

tive body. Legislative acts were nonetheless subject to veto by

the U.S. president, who also retained the power to appoint the

governor, the supreme court, and most executive department

heads in Puerto Rico.

Jesus M. Balzac, an editor, appealed a Puerto Rican crim-

inal libel conviction on the ground that he had been denied a

jury trial, a right guaranteed by the Sixth Amendment. The

Supreme Court ruled in

Balzac v. Puerto Rico

(1922) that the

right to a jury trial does not apply in unincorporated territories

because it is not a “fundamental right which goes wherever

the jurisdiction of the United States extends.” Puerto Rico was

a territory of the United States that was not incorporated into

the Union; its residents, though they had been made U.S. cit-

izens by the Jones Act of 1917, did not automatically enjoy all

of the rights protected by the U.S. Constitution.

________________________

_______________________

An Act

To provide a civil government for Porto Rico, and for other

purposes.

Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assem-

bled, That the provisions of this Act shall apply to the

island of Porto Rico and to the adjacent islands belonging

to the United States, and waters of those islands; and the

name Porto Rico as used in this Act shall be held to include

not only the island of that name but all the adjacent island

as aforesaid.

Bill of Rights.

Sec. 2. That no law shall be enacted in Porto Rico which

shall deprive any person of life, liberty, or property without

due process of law, or deny to any person therein the equal

protection of the laws.

1258 ERA 7: The Emergence of Modern America

That in all criminal prosecutions the accused shall

enjoy the right to have the assistance of counsel for his

defense, to be informed of the nature and cause of the

accusation, to have a copy thereof, to have a speedy and

public trial, to be confronted with the witnesses against

him, and to have compulsory process for obtaining wit-

nesses in his favor.

That no person shall be held to answer for a criminal

offense without due process of law; and no person for the

same offense shall be twice put in jeopardy of punishment,

nor shall be compelled in any criminal case to be a witness

against himself.

That all persons shall before conviction be bailable by

sufficient sureties, except for capital offenses when the

proof is evident or the presumption great.

That no law impairing the obligation of contracts shall

be enacted.

That no person shall be imprisoned for debt.

That the privilege of the writ of habeas corpus shall

not be suspended, unless when in case of rebellion, insur-

rection, or invasion the public safety may require it, in

either of which events the same may be suspended by the

President, or by the governor, whenever during such

period the necessity for such suspension shall exist.

That no ex post facto law or bill of attainder shall be

enacted.

Private property shall not be taken or damaged for

public use except upon payment of just compensation

ascertained in the manner provided by law.

Nothing contained in this Act shall be construed to

limit the power of the legislature to enact laws for the pro-

tection of the lives, health, or safety of employees.

That no law granting a title of nobility shall be en-

acted, and no person holding any office of profit or trust

under the government of Porto Rico shall, without the

consent of the Congress of the United States, accept any

present, emolument, office, or title of any kind whatever

from any king, queen, prince, or foreign State, or any offi-

cer thereof.

That excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments

inflicted.

That the right to be secured against unreasonable

searches and seizures shall not be violated.

That no warrant for arrest or search shall issue but

upon probable cause, supported by oath or affirmation,

and particularly describing the place to be searched and

the persons or things to be seized.

That slavery shall not exist in Porto Rico.

That involuntary servitude, except as a punishment for

crime, whereof the party shall have been duly convicted,

shall not exist in Porto Rico.

That no law shall be passed abridging the freedom of

speech or of the press, or the right of the people peaceably

to assemble and petition the Government for redress of

grievances.

That no law shall be made respecting an establishment

of religion or prohibiting the free exercise thereof, and that

the free exercise and enjoyment of religious profession and

worship without discrimination or preference shall forever

be allowed, and that no political or religious test other than

an oath to support the Constitution of the United States

and the laws of Porto Rico shall be required as a qualifica-

tion to any office or public trust under the government of

Porto Rico.

That no public money or property shall ever be appro-

priated, applied, donated, used, directly or indirectly, for

the use, benefit, or support of any sect, church, denomina-

tion, sectarian institution or association, or system of reli-

gion, or for the use, benefit, or support of any priest,

preacher, minister, or other religious teacher or dignitary

as such, or for charitable, industrial, educational, or benev-

olent purposes to any person, corporation, or community

not under the absolute control of Porto Rico.

Contracting of polygamous or plural marriages here-

after is prohibited . . . .

Source:

Statutes at Large, Vol. 39, pp. 951–968.

Pact of Paris, 1928

Multinational treaty, also known as the Kellogg-Briand Peace

Pact, signed by 15 nations at Paris on August 27, 1928, that

aimed to outlaw war as an instrument of national policy and

to settle international disputes through peaceful means. The

treaty, first proposed by French foreign minister Aristide Briand

and supported by U.S. secretary of state Frank B. Kellogg, was

eventually signed by 62 countries. The treaty condemned

“recourse to war for the solution of international controver-

sies.” It was ineffective, however, because most nations

reserved the right to engage in war in self-defense and because

the pact contained no sanctions against violators other than

the moral force of international opinion.

________________________

_______________________

Whereas a Treaty between the President of the United

States of America, the President of the German Reich, His

Majesty the King of the Belgians, the President of the

French Republic, His Majesty the King of Great Britain,

Ireland and the British Dominions beyond the Seas,

Emperor of India, His Majesty the King of Italy, His

Majesty the Emperor of Japan, the President of the

Role of the United States in World Affairs in the Early 20th Century 1259

Republic of Poland, and the President of the Czechoslovak

Republic, providing for the renunciation of war as an

instrument of national policy, was concluded and signed by

their respective Plenipotentiaries at Paris on the twenty-

seventh day of August, one thousand nine hundred and

twenty-eight, the original of which Treaty, being in the

English and French languages, is word for word as follows:

The President of the German Reich, the President of

the United States of America, His Majesty the King of the

Belgians, the President of the French Republic, His

Majesty the King of Great Britain, Ireland and the British

Dominions beyond the Seas, Emperor of India, His

Majesty the King of Italy His Majesty the Emperor of

Japan, the President of the Republic of Poland, the Presi-

dent of the Czechoslovak Republic.

Deeply sensible of their solemn duty to promote the

welfare of mankind;

Persuaded that the time has come when a frank

renunciation of war as an instrument of national policy

should be made to the end that the peaceful and friendly

relations now existing between their peoples may be per-

petuated;

Convinced that all changes in their relations with one

another should be sought only by pacific means and be the

result of a peaceful and orderly process, and that any sig-

natory Power which shall hereafter seek to promote its

national interests by resort to war should be denied the

benefits furnished by this Treaty;

Hopeful that, encouraged by their example, all the

other nations of the world will join in this humane

endeavor and by adhering to the present Treaty as soon as

it comes into force bring their peoples within the scope of

its beneficent provisions, thus uniting the civilized nations

of the world in a common renunciation of war as an instru-

ment of their national policy;

Have decided to conclude a Treaty and for that pur-

pose have appointed as their respective Plenipotentiaries:

The President of the German Reich: Dr. Gustav Stre-

semann, Minister for Foreign Affairs;

The President of the United States of America: The

Honorable Frank B. Kellogg, Secretary of State;

His Majesty the King of the Belgians: Mr. Paul

Hymans, Minister for Foreign Affairs, Minister of State;

The President of the French Republic: Mr. Aristide

Briand, Minister for Foreign Affairs;

His Majesty the King of Great Britain, Ireland and the

British Dominions beyond the Seas, Emperor of India:

For Great Britain and Northern Ireland and all parts

of the British Empire which are not separate Members of

the League of Nations:

The Right Honourable Lord Cushendun, Chancellor

of the Duchy of Lancaster, Acting Secretary of State for

Foreign Affairs;

For the Dominion of Canada: The Right Honourable

William Lyon Mackenzie King, Prime Minister and Minis-

ter for External Affairs;

For the Commonwealth of Australia: The Honourable

Alexander John McLachlan, Member of the Executive

Federal Council;

For the Dominion of New Zealand: The Honourable

Sir Christopher James Parr, High Commissioner for New

Zealand in Great Britain;

For the Union of South Africa: The Honourable

Jacobus Stephanus Smit, High Commissioner for the

Union of South Africa in Great Britain;

For the Irish Free State: Mr. William Thomas Cos-

grave, President of the Executive Council;

For India: The Right Honourable Lord Cushendun,

Chancellor of the Duchy of Lancaster, Acting Secretary of

State for Foreign Affairs;

His Majesty the King of Italy: Count Gaetano Man-

zoni, his Ambassador Extraordinary and Plenipotentiary at

Paris;

His Majesty the Emperor of Japan: Count Uchida,

Privy Councillor;

The President of the Republic of Poland: Mr. A.

Zaleski, Minister for Foreign Affairs;

The President of the Czechoslovak Republic: Dr.

Eduard Benes, Minister for Foreign Affairs;

who, having communicated to one another their full

powers found in good and due form have agreed upon the

following articles:

Article I

The High Contracting Parties solemnly declare in the

names of their respective peoples that they condemn

recourse to war for the solution of international controver-

sies, and renounce it as an instrument of national policy in

their relations with one another.

Article II

The High Contracting Parties agree that the settlement

or solution of all disputes or conflicts of whatever nature

or of whatever origin they may be, which may arise

among them, shall never be sought except by pacific

means.

Article III

The present Treaty shall be ratified by the High Contract-

ing Parties named in the Preamble in accordance with

their respective constitutional requirements, and shall take

effect as between them as soon as all their several instru-

ments of ratification shall have been deposited at Wash-

ington.

This Treaty shall, when it has come into effect as pre-

scribed in the preceding paragraph, remain open as long as

1260 ERA 7: The Emergence of Modern America

may be necessary for adherence by all the other Powers of

the world. Every instrument evidencing the adherence of

a Power shall be deposited at Washington and the Treaty

shall immediately upon such deposit become effective as

between the Power thus adhering and the other Powers

parties hereto.

It shall be the duty of the Government of the United

States to furnish each Government named in the Pream-

ble and every Government subsequently adhering to this

Treaty with a certified copy of the Treaty and of every

instrument of ratification or adherence. It shall also be the

duty of the Government of the United States telegra-

phically to notify such Governments immediately upon

the deposit with it of each instrument of ratification or

adherence.

In Faith Whereof the respective Plenipotentiaries

have signed this Treaty in the French and English lan-

guages both texts having equal force, and hereunto affix

their seals.

Done at Paris, the twenty-seventh day of August in the

year one thousand nine hundred and twenty-eight.

Source:

Charles I. Bevan, Treaties and Other Agreements of the United

States of America, 1776–1949. Washington, D.C.: Govern-

ment Printing Office, 1968–76.

Causes and Consequences of World War I 1261

Causes and Consequences of World War I

Woodrow Wilson, “Make the World Safe

for Democracy,” 1917

Address delivered at a joint session of Congress on April 2,

1917, by President Woodrow Wilson, asking Congress to

declare war against Germany. Wilson charged that Germany’s

policy of unrestricted submarine warfare constituted “a war-

fare against mankind,” in which American ships had been

sunk and American lives lost.

Only a month before, on March 4, 1917, in his second

inaugural address, the president had restated America’s com-

mitments to neutrality and to military preparedness, declaring,

“We stand firm in armed neutrality. . . . We desire neither con-

quest nor advantage.” Anticipating the possibility of a more

active American role, however, he pointed out, “We are

provincials no longer. The tragic events of the thirty months of

vital turmoil through which we have just passed have made us

citizens of the world. There can be no turning back.”

In his war address, Wilson admitted that his previous pol-

icy of neutrality was impracticable in view of the German

threat to international peace and justice: “The world must be

made safe for democracy. Its peace must be planted upon the

tested foundations of political liberty.” Congress declared war

four days later, and the United States joined England, France,

and Italy in their war against Germany, Japan, and Austria.

Although the resumption of submarine warfare by Ger-

many in late January 1917 was the stated reason for the war,

two other events influenced the decision for the United States

to finally go to war. Late in February, the British Secret Service

gave the State Department a copy of the “Zimmermann tele-

gram,” in which the German government proposed that if

Mexico allied with it, the Mexicans would regain Texas, New

Mexico, and Arizona after the United States was defeated. The

note’s publication helped overcome the public’s aversion to

war. Secondly, the czar of Russia (then allied with England)

was overthrown March 17 and replaced with a republican

government. (The Communists would not take over for several

months.) Now Wilson could bring the United States into the

war on the side of democracy.

________________________

_______________________

Gentlemen of the Congress: I have called the Congress

into extraordinary session because there are serious, very

serious, choices of policy to be made, and made immedi-

ately, which it was neither right nor constitutionally per-

missible that I should assume the responsibility of making.

On the third of February last I officially laid before

you the extraordinary announcement of the Imperial Ger-

man Government that on and after the first day of Febru-

ary it was its purpose to put aside all restraints of law or of

humanity and use its submarines to sink every vessel that

sought to approach either the ports of Great Britain and

Ireland or the western coasts of Europe or any of the ports

controlled by the enemies of Germany within the Mediter-

ranean. That had seemed to be the object of the German

submarine warfare earlier in the war, but since April of last