CHAPTER X CONTROL - INTERNATIONAL
Books - The Opium Problem |
Drug Abuse
With the growth in the demand for opium and its derivatives and the ever increasing evidence of the results of their chronic use among all classes, the need for group relief became apparent and first took the form of voluntary or enforced treatment of individuals in public or semi-public institutions. The inadequacy of public provisions for these cases, however, as well as the impermanence of the relief afforded soon became apparent and it was realized that measures directed at the prevention of the unwise distribution and use of the drug were prerequisite to any effective handling of the situation. This conviction was first expressed in the earliest state and municipal efforts at control through legislation.
Following the efforts of the various states and other political divisions, Congress became awakened to the needs of the situation and initiated the first international and national regulatory measures,
The first international effort at the solution of the opium problem was manifested in the deliberations and actions of the International Opium Commission which convened at Shanghai, February 1, 1909, and adjourned on February 27th of the same year. This Conference was called on the initiative of the United States whose invitation was accepted by Austria-Hungary, China, France, Germany, Great Britain, Italy, Japan, the Netherlands, Persia, Portugal, Russia and Siam.
Before 1909, treaties had been signed and agreements had been made between individual nations looking to a satisfactory adjustment of the needs of the situation existing at a given time in relation to the nations involved; but no concerted action by all of the nations had yet been taken when the International Opium Commission, recognizing the presence of a world problem, in 1909, endeavored to take a step forward in its solution.
It is not the object of the present study to review the historical background of the development of the opium problem or to analyse the various internal factors entering into the creation of a serious national situation in the individual countries of the world. Such a study would be of great interest; but, in order to offer a valuable contribution on what we may term the universal opium problem, it would involve the employment of time and facilities which are not at our disposal. In fact we seriously question the prudence of interpretation of even superficial features of the opium situation in certain countries without a very careful scrutiny of the facts in their relation to the racial, economic, sociologic, and other history of the peoples concerned. The enormity of such a task is patent but its significance is perhaps too often lost sight of by those who in their zeal for reform have made ill-considered and unwarranted attacks on the customs and policies of other nations.
Inasmuch as we are concerned here with the opium problem only as it exists in the United States, we shall confine the material submitted on the international situation to that which involves this country.
From Dr. Hamilton Wright,' who has published a very detailed outline of some of the international aspects of the opium problem to 1912, we learn that prior to the Shanghai Conference in 1909, the United States had taken an active interest in the traffic in opium beyond its borders. As early as 1833 a treaty was contracted with Siam forbidding Americans from engaging in the opium traffic with the Siamese. This was followed by another with Siam in 1856, according to which Americans could import and sell only to the opium farmer or his agents. Mr. Wright reports that "so far as it can be learned this was not against the wishes of the Siamese Government" for their revenue was derived in part from the farming out of the sale of opium.
Four treaties with China mark the early attitudes of the United States towards the opium traffic in that country. The treaty of Wang Hea, 1844, forbade American citizens from trading in opium in that country, making violators subject to be dealt with by the Chinese government. According to Wright, in our next treaty with China—the Tientsin Treaty of 1858—the official position of the American Government relaxed and Americans were free to engage in the opium traffic. However, by the American-Chinese commercial treaty of 1880, "a pact was entered into which forbade American citizens from engaging in the importation of opium into any of the open ports of China or to transport it from one open port to another open port, to buy and sell opium in any of the open ports of China. Chinese subjects were also prohibited from importing opium into any of the ports of the United States." According to the last treaty,—"Treaty of Commercial Relations"-1903, the importation into China and also the manufacture in China of morphia and instruments for its injection, except for medicinal purposes and on payment of a tariff duty, were prohibited.
By the treaty of amity and commerce of 1858 with Japan the importation of opium into Japan by Americans was prohibited.
Conditions in the Philippines when the United States assumed control were found to be serious enough for this country to undertake a thorough investigation of the opium problem throughout the Far East. The commission for the study was named in 1903 and its report led to the total prohibition of the importation of opium into the Philippines except for medicinal purposes. This legislation went into effect in 1908.
According to Wright, the report of the Philippines Opium Commission aroused afresh the world's interest in the problem and in 1906 Bishop Charles H. Brent, who had been a member of the commission and since the publication of the report had been closely watching the opium problem in the Far East, wrote to President Roosevelt calling his attention to the new movement against opium. Wright says:
"In that letter he suggested that the moment was opportune, considering her interests in the Philippines and the stand she had taken there, for the United States to call for some international action in regard to the opium traffic. The matter was promptly taken up by the State Department, and on the 17th of October, 1906, the American Ambassador to Great Britain informed Sir Edward Grey that-
" 'The American Government was much concerned with regard to the question of opium which had been raised in connection with the Philippines, and that he was instructed to ask me what view we should take for a commission for the joint investigation of the opium trade and the opium habit in the Far East, to be undertaken by the United States, Great Britain, France, the Netherlands, Germany, China, and Japan—that is, by those countries having territorial possessions in the Far East."
"Sir Edward Grey replied that he could not tell him at once, but that, though an interference with the import of opium into China would involve a great sacrifice of Indian revenue, that would not prevent the Government from considering the question or imposing some sacrifice if it was clearly proved that the result would be to diminish the opium habit. The Chinese were understood to contemplate measures for stopping or restricting the importation of opium in China, and if they were really to be taken it would be a thing which Great Britain should encourage. After considerable diplomatic correspondence the above-mentioned Governments signified their willingness to join the United States in a joint investigation of the opium problem, and January 1, 1909, was appointed as a date for the meeting of the international commission at Shanghai."
The three commissioners appointed to represent the United States were Bishop Charles H. Brent, Dr. Hamilton Wright and Dr. Charles D. Tenney.
Wright continues:
"The original idea was that the opium traffic and habit as it existed in the Far East was to be investigated. But during the passage of the diplomatic correspondence it developed that the opium habit was no longer confined to Far Eastern countries, and that the United States especially had become contaminated through the presence of a large Chinese population. Further, that the morphine habit was rapidly spreading over the world. It was also seen that as Turkey and Persia were large producers of opium it would be necessary to invite them into the commission if the subject was to be thoroughly ventilated. Portugal was also a factor in the situation, through the possession of her colony of Macao, on the China coast, where considerable quantities of crude opium were annually imported from India, converted into smoking opium, and shipped to United States, Canada, and Mexico. Siam, though having no treaty relations with China, was nevertheless a factor in the problem on account of her long established government monopoly for the manufacture and distribution of smoking opium ; Russia also, because of her contiguity in China. Although neither Austria-Hungary nor Italy had territorial possessions, except concessions in the Far East, yet it was thought desirable that they should enter the commission. Upon the deyelopment of the fact (as the result of tilt-. work of the American Opium Commission in 1908) that the opium question was no longer a question concerning oriental peoples, it was decided to widen the scope of the work of the commission so that it should include reports on the home States of various countries concerned, as well as on their territories and possessions in the Far East. This program was notified to the various countries concerned in July, 1908, and they were asked to have a report prepared on the opium question as it affected the home States as well as their Far Eastern possessions, so that it might promptly be laid before the commission as a whole when it met at Shanghai. As a result of the broadening of the scope of the international commission, Austria-Hungary, Italy, Siam, Persia, Turkey, and Portugal were invited into the Commission. Turkey failed to send a representative, but, in all 13 nations were represented at Shanghai when the commission met. Owing to the death of the Empress
Dowager and the Emperor of Japan the commission was postponed to the 1st of February, 1909."
The official reports of the commission states that a thorough study of the opium question was made by the commission and before adjourning on the 26th of February, 1909, it unanimously adopted the following resolutions:
"Be it resolved:
"1. That the International Opium Commission recognizes the unswerving sincerity of the Government of China in their efforts to eradicate the production and consumption of opium throughout the Empire; the increasing body of public opinion among their own subjects by which these efforts are being supported; and the real, though unequal, progress already made in a task which is one of the greatest magnitude.
"2. That in view of the action taken by the Government of China in suppressing the practice of opium smoking, and by other Governments to the same end, the International Opium Commission recommends that each delegation concerned move its own Government to take measures for the gradual suppression of the practice of opium smoking in its own territories and possession, with due regard ti • the varying circumstances of each country concerned.
"3. TI .at the International Opium Commission finds that the use of opium in any I orm otherwise than for medical purposes is held by almost every participating country to be a matter for prohibition or for careful regulation; and that each country in the administration of its system of regulation purports to be aiming, as opportunity offers, at progressively increasing stringency. In recording these conclusions the International Opium Commission recognizes the wide variations between the conditions prevailing in the different countries, but it would urge on the attention of the Governments concerned the desirability of a reexamination of their systems of regulation in the light of the experience of other countries dealing with the same problem.
"4. That the International Opium Commission finds that each Government represented has strict laws which are aimed directly or indirectly to prevent the smuggling of opium, its alkaloids, derivatives, and preparations into their respective territories; in the judgment of the International Opium Commission it is also the duty of all countries to adopt reasonable measures to prevent at ports of departure the shipment of opium, its alkaloids, derivatives, and preparations, to any country which prohibits the entry of any opium, its alkaloids, derivatives, and preparations.
"5. That the International Opium Commission finds that the unrestricted manufacture, sale, and distribution of morphine already constitute a grave danger, and that the morphine habit shows signs of spreading; the International Opium Commission therefore desires to urge strongly on all governments that it is highly important that drastic measures should be taken by each government in its own territories and possessions to control the manufacture, sale, and distribution of this drug, and also of such other derivatives of opium as may appear on scientific inquiry to be liable to similar abuse and productive of like ill effects.
"6. That as the International Opium Commission is not constituted in such a manner as to permit the investigation from a scientific point of view of anti-opium remedies and of the properties and effects of opium and its products, but deems such investigation to be of the highest importance, the International Opium Commission desires that each delegation shall recommend this branch of the subject to its own government for such action as that government may think necessary.
"7. That the International Opium Commission strongly urges all governments possessing concessions or settlements in China, which have not yet taken effective action toward the closing of opium divans in the said concessions and settlements, to take steps to that end as soon as they may deem it possible, on the lines already adopted by several governments.
"8. That the International Opium Commission recommends strongly that each delegation move its government to enter into negotiations with the Chinese Government with a view to effective and prompt measures being taken in the various foreign concessions and settlements in China for the prohibition of the trade and manufacture of such antiopium remedies as contain opium or its derivatives.
"9. That the International Opium Commission recommends that each delegation move its government to apply its pharmacy laws to its subjects in the consular districts, concessions, and settlements in China."
Wright comments as follows on the work of the commission:
"Looking broadly at the results achieved by the International Opium Coin-mission, and considering that the United States has now proposed an international conference, this time with full powers to conventionalize the Shanghai resolutions and minor questions arising from them, it may be said that the International Opium Commission was a credit to this Government and a success, and that it will be recorded as the first great step taken by the powers together to put an end to an evil—no longer a Chinese or far eastern evil, but one that has made its appearance in and threatens the social fabric of many western nations."
The report continues:
"It has been stated above that, as the result of the unanimity of the international commission, as expressed in its resolutions, the way was opened to the United States to propose an international conference with full powers to complete the work of the Commission.
"Such a proposal was made by our Government on September 1, 1909. To those countries represented in the International Opium Commission was conveyed an expression of the satisfaction of our Government with the results achieved by the International Opium Commission.
"It was stated that this Government was deeply impressed by the gravity of the general opium problem and the desirability of divesting it of local and unwise agitation, as well as the necessity of maintaining it upon the basis of fact, as determined by the Shanghai commission. For this reason the United States considered it important that international effect and sanction should be given to the resolutions of the International Commission. To this end our Government proposed that an international conference be held at a convenient date, at The Hague or elsewhere, composed of one or more delegates of each of the participating powers, and that the delegates should have full powers to conventionalize the resolutions adopted at Shanghai and their necessary consequences. The Government of the United States suggested . . . a tentative programme based upon the resolutions and procedings of the international commission. . . ."
Wright describes the response to this circular as follows: 4
"It is to the great credit of 11 of the powers to which this proposal was made that they promptly and heartily responded and offered to continue cooperation with the United States for final international settlement of the opium problem. By the middle of May, 1910, the American proposal had been almost generally accepted and the Netherlands Government had very courteously and quickly offered to assemble the conference at The Hague.
"However, one power had regretted its inability to send delegates to the conference, and another had failed to respond definitely to the American proposal by May, 1910, namely, Great Britain. There has been considerable ill-advised criticism of this delay on the part of the British Government, but the delay, as will be shown later, was due not to a want of sympathy or to a determination not to co-operate with the other Governments, but partly because Great Britain was then negotiating a modification of the 10-year agreement made between herself and China in 1907—it being the national desire of statesmen like Sir Edward Grey and Lord Morley that the opium question as between Great Britain and China should be advanced more nearly to the fulfillment of China's desires before the conference met. In addition to this, the British Government was greatly concerned over the morphine and cocaine traffic; for it had been shown beyond a doubt that immense quantities of these drugs were being smuggled into British India to take the place of opium, also that in China they tended to supplant the use of opium which the British Government had agreed that India should soon cease to export, and the production and use of which China on her part had agreed to suppress. But in September, one year after the American proposal was made, the British Government tendered its co-operation with the American and other Governments, laying down as a condition of its acceptance of the American proposal that the powers should agree before the conference met to study the question of the production of and traffic in morphine and cocaine, and pledge themselves beforehand to the principle of drastic legislation against such production and traffic equally effective with the measures she had taken or proposed to take for the ultimate obliteration of the Indo-Chinese opium trade.
"Had the British proposals in regard to the morphine and cocaine traffics not been made, there is little doubt that the conference would have assembled early in 1911, but it was recognized by all concerned that though the British proposals were sound and necessary, they required the grave consideration of several of the Governments whose subjects were heavily interested in the manufacture of and traffic in these drugs. They were particularly important to Germany, as one of the largest producers. Nevertheless, after due consideration, all of the Governments accepted the British proposals, and the date of the assembling of the conference was. finally fixed by the Netherlands for December 1, 1911. In the meantime the Italian Government has proposed that the production and traffic in the Indian hemp drugs be included as part of the program of the conference.
"It was stated above that the delegates to the International Opium Commission which met at Shanghai in February, 1909, felt on the whole that the conclusions of the commission as embodied in its resolutions would be only moral in their effect unless by subsequent agreement amongst the interested States the resolutions and their necessary consequences were converted to and. given the force of international law and agreement. This, too, undoubtedly was the popular estimate of the work of the commission. Soon, however, this conclusion had to be modified, for within a few months from the adjournment of the commission several of the powers more particularly interested gave the resolutions of the commission a binding effect by legislating in accord with them. This was notably true of the British Indian Government, of the Governments of the British self-governing colonies, and of several of the Crown colonies; also of the French colonial governments. These actions were in accord with modern statecraft, which recognizes that moral conclusions unanimously arrived at by an authoritative international body of wide representation have nearly the force of distinct pledges entered into by a conference composed of delegates clothed with the full power of their States."
The American delegates to the Conference were Bishop Charles H. Brent, Hamilton Wright, and Henry J. Finger.
The official report 6 of the American delegation states:6
"The positive results of the conference may be stated as follows : Immediately after the adjournment of the International Opium Commission there were drafted in the Department of State two measures designed to control the foreign and interstate traffic in the United States of opium, morphine, and cocaine. When the conference assembled it was soon seen that the principles contained in those measures were principles that could be readily applied by an international conference to the international traffic in the commodities under consideration. It may be said, therefore, that the international opium convention as finally agreed upon is based in part on well-recognized principles, or proposed principles, of American interstate and navigation law. That part of the convention having to do with central governmental control of the drugs is based on the best European and Japanese practice, which on the whole is far in advance of the practice of our Federal Government.
"A review of the convention will make this occult. Chapter I defines raw opium, and contains pledges on the part of the powers for the governance of the domestic and international traffic therein; Chapter II, of similar import, applies to opium prepared for smoking; and Chapter III to medicinal opium, morphine, and cocaine. Chapter IV, of five articles, is composed of pledges on the part of the treaty powers represented at the Conference aimed to assist China in suppressing her great and vexatious opium problem. Chapter V is composed of article 20 as to possible laws, and article 21 as to illegal possession of opium and as to the international exchange of documents and statistics. Chapter VI, of four articles, is composed of final provisions on supplementary signature, ratification, effectuation, and arbitration of the convention such as have never before been seen in an international document.
"The first paragraph of Chapter I gives a practical commercial definition of raw opium and fairly well conforms to the definitions of this substance as provided for many years in tariff legislation of the United States.
"By article I of the convention the contracting powers pledge themselves to enact effective laws or regulations to control the production and distribution of raw opium, unless their existing laws and regulations have already regulated the matter. That is, by this article the interested Governments must effectually bring under some sort of government supervision, either by the monopoly system as practiced in Japan, or by authorization of persons, the production and distribution of raw opium.
"By article 2 of the convention the contracting powers pledge themselves to restrict the number of cities, ports, and other places through which raw opium may be exported or imported. This article is in accord with American practice, for by virtue of the regulations issued by the Secretary of the Treasury, under authority of the opium-exclusion act approved February 9, 1909, the importation of opium into the United States is confined to 12 named ports. In practice, the effect of this article will be to secure a more strict governmental control of the importation and exportation of raw opium for medicinal purposes.
"Article 3 is one of the most important articles of the convention, in that it marks the formal adoption of a new principle of international commercial law, which, although in this case applied to opium, was recognized by all the delegates as applicable by future conferences to all commodities in international transit. By article 3 the contracting powers pledge themselves to take measures (a) to prevent the exportation of raw opium to countries which have or may prohibit its entry, and (b) to control the exportation of raw opium to countries which regulate or may regulate its importation. This article conventionalized resolution 4 of the International Opium Commission, which was pressed by the American Delegation and finally adopted by that commission. China had for 50 years or more contended against the exportation of Indian opium to China, frankly avowing first by protest and then by legalization of the traffic that she was unable wholly to prevent the inroad of the drug. That contention had been scorned by some of the greatest statesmen and economists of their day, the generally accepted view being that it was the business of a country prohibiting the entry of any drug or commodity to prevent its importation, an exporting country not being greatly concerned with the destination of the exported article.
"Upon the ratification by the various Governments of the present convention, by virtue of article 3, it will become an accepted principle of international commercial law that where a country has prohibited the importation of a drug or commodity it is the business of a producing country to prevent the exportation of such products to the prohibiting country, or to prevent the exportation of such products unless the exporter conforms to the importation regulations of a regulating country. All the delegates recognized that this principle—though by this convention specifically applied to the opium traffic—could nevertheless be made applicable to any obnoxious or dangerous commodity in international trade. The adoption of this principle is of great credit to those opium-producing countries vitally affected by it. As concerns the United States and its possessions, in which no opium of any amount is produced, it is of great practical value, and when it becomes effective will enable the preventive service of the customs effectually to exclude opium except for medicinal purposes, as provided for by the opium-exclusion act approved February 9, 1909, proposed legislation to strengthen that act, and Philippines legislation having the same object in view.
"By article 4 of the convention the contracting powers pledge themselves to enact legislation or issue regulations providing that every package containing raw opium intended for export shall be marked so as to indicate its contents, provided the shipment exceeds 5 kilograms. It was an object of the American delegation to secure that every package of opium for export should bear such marks. But as by Treasury regulation issued under the authority of the opium-exclusion act of February 9, 1909, delivery is made by the customs service of packages of opium containing not less than 100 pounds, it may be said that this article, as adopted by the Conference, marks a decided advance on American practice.
"By article 5 the contracting powers shall permit only duly authorized persons to import and export opium. In practice this will mean that all persons importing and exporting opium must first of all receive government authorization.
"Chapter II of the convention is of striking importance, as it provides for the obliteration in a short time of the manufacture, exportation, importation, and use of opium for smoking purposes, and, in the meantime, for the confining of such manufacture and use to territories where such manufacture and use now obtain by totally forbidding the export of this form of opium to countries which have prohibited its entry and use or to countries which propose in the future to prohibit its entry and use.
"The first paragraph of Chapter II defines the substance known as opium prepared for smoking, and by article 6 the contracting powers pledge themselves to take measures for the control, and ultimately effective suppression of the manufacture, domestic traffic in and use of this form of opium.
"When it is recalled that not 10 years ago there was a large and influential body of public officials and others here and abroad who saw no harm, economic, moral, or otherwise, to oriental peoples, in opium smoking, the importance of article 6 will be recognized. It marks the right-about of such opinion, and a recognition by the governments and peoples concerned that the opium smoking vice is generally degrading beyond all benaflts to revenue that may accrue from the manufacture, importation, exportation, and use of this form of opium, and a determination on the part of those governments and peoples to bring the vice to a speedy conclusion.
"By article 7 the contracting powers pledge themselves to prohibit not only the importation of the smokable form of opium, but also its exportation—. thus conforming to one of the principles embraced by the American opium exclusion act of February 9, 1909, and the proposed amendment thereto.
"By article 8 of the convention the contracting powers which are not yet ready to prohibit the exportation of opium prepared for smoking are pledged to restrict the number of places through which such opium may be exported; to prohibit its exportation to countries which now or hereafter may prohibit its importation; in the meantime to forbid the shipment of any prepared opium to a country that wishes to restrict its admission, unless the exporter complies with the regulations of the importing country; to take measures to have each parcel exported bear a special mark indicative of the nature of its contents and allow none but specially authorized persons to export this pernicious form of the drug.
"It might seem from a hasty reading of article 8 that a general international traffic in prepared opium is sanctioned. But such is not the case, for it should be borne in mind that where it had become necessary every country represented at the conference had prohibited the importation, and in some cases the exportation and use of this form of opium, and the colonies and possessions of all the countries except Portugal had passed strict laws forbidding the importation and in most cases the exportation of prepared opium. The notable instance of this not having been done is in the Portuguese colony of Macao on the China coast, where large quantities of this form of opium have been and are still manufactured both for use in the colony and for exportation—the object being colonial revenue. The great mass of this opium is intended for Chinese and other consumers in the United States, the Philippine Islands, Canada and Mexico. By the opium-exclusion act of February 9, 1909, the importation of this form of the drug into the United States is prohibited. The importation, manufacture, and use of it is prohibited in the Philippines.
"A recently enacted Canadian statute not only forbids the importation of this form of the drug, but its manufacture, transshipment or exportation. The Attorney General has held that under our opium-exclusion act of February 9, 1909, prepared opium may be imported into the United States for immediate transshipment by sea. Mexico has no law on the subject. The result is that the great mass of Macanise opium is brought to San Francisco and immediately transshipped by sea to western Mexican ports, from whence it, added to the direct Mexican import, is mostly smuggled into the United States across the Mexican border. Therefore, Portugal, at her colony of Macao, is the only country to-day which permits the export of this vicious form of opium, while the ports of all those countries parties to the convention are closed to it. The measures necessary to counteract and suppress this traffic to the United States are embodied in a proposed amendment to the opium-exclusion act of February 9, 1909, and will be adverted to later. It may be shown that if the Congress will enact the proposed amendment the international traffic in smoking opium will be practically wiped out.
"Chapter III of the convention is an important one and proved to be the most difficult to formulate of all the chapters of the convention except that one containing the final provisions. The traffic in raw opium and opium prepared for smoking had been thoroughly studied by the International Opium Commission at Shanghai and by the various national commissions appointed by the interested Governments before that Commission met, or which sat in the interval between the adjournment of the International Opium Commission and the assembling of the International Opium Conference. After the British Government made it a sine qua non that their participation in the International Opium Conference would depend upon the willingness of the interested Governments to pledge themselves to the same drastic legislation for the control of the production, manufacture, and trade in morphine and cocaine as in regard to opium, all the interested Governments willingly assented to this proposal when it was presented to their by the United States and the Netherlands Government on behalf of Great Britain. But a new factor was, nevertheless, injected into the problem and had to be met.
"The necessity for the British proposals had become obvious to all the Governments interested in the Far East; for, beginning with the suppression of the opium vice in China and other far eastern countries, a determined, and one almost might say a calculated, effort was made by the manufacturers of morphine and cocaine to introduce these drugs in replacement of opium. Such efforts had largely succeeded, and to the world was presented the spectacle of many great Governments willingly sacrificing or providing for the sacrifice of an aggregate annual opium revenue in the neighborhood of $100,000,000, only to see the subjects of some of them pressing two other deadly drugs into the hands of those far eastern people who had heroically determined and were bent upon the abandonment of the opium vice. The British proposals in regard to morphine and cocaine were eminently sound, practical, and essential, and it became the duty of the International Opium Conference to provide against the abuse of morphine and cocaine similarly as regarded opium.
"Chapter III of the convention is not by any means ideal, but represents a fair compromise of conflicting interests, and will no doubt be perfected by future conferences on the question. The first paragraph of Chapter III defines medicinal opium as opium that must contain not less than 10 per cent of morphine. This is superior to the tariff practice of the United States, which provides for the admission of medicinal opium containing not less than 9 per cent morphine, but it confirms the standard for medicinal opium set by the International Pharmaceutical Conference of 1906, to which the United States is a party. Morphine, cocaine, and heroin are also defined by this paragraph.
"By Article 9, Chapter III, the contracting powers pledge themselves to enact laws or regulations so as to restrict the manufacture, sale, and use of morphine and cocaine and their respective salts to medicinal and legitimate uses only, unless their existing laws and regulations already cover the matter. This article appertains to national legislation only, and it will be pointed out later that the United States is the most backward of all the western nations and almost strikingly behind Japan in this phase of legislation.
"Article 10, Chapter III, is weak in that the powers only pledge themselves `to use their best efforts to control or cause to be controlled' those who manufacture, import, sell, distribute, or export morphine, cocaine, and their respective salts, and the buildings in which such persons carry on that industry or trade. The article then goes on to lay down the specific manner in which this object shall be accomplished.
"There was a willingness on the part of all the delegations to formulate this article as strictly as the articles dealing with raw opium and opium prepared for smoking. But there were certain constitutional difficulties in the way—notably in the case of Germany—and article 10 was a compromise based on the fact that Germany has extremely strict and effective National and State laws governing the question dealt with by article 10. This is also true of several of the other European countries represented in the conference, and certainly of Japan.
"By article 11 the contracting powers are to take measures to prohibit in their home trade any delivery of morphine, cocaine, and their respective salts to any but authorized persons, and by article 12 the importation of morphine and cocaine is restricted to persons authorized by the Government.
"What was said of article 10 may be said of article 13 where the contracting powers do not pledge themselves to adopt, but only to use their best efforts to adopt or cause to be adopted measures to prevent the exportation of the named drugs from their home territories, possessions, colonies, and leased territories to the countries, possessions, colonies and leased territories of the other contracting powers, and provides that each Government may communicate from time to time to the Governments of exporting countries the lists of persons to whom authorization or permits to import the named drugs shall have been granted. It was the hope of the American delegation that a distinct pledge be made by the interested Governments to enact legislation to prevent the exportation of these drugs except by authorized persons in one country to authorized importers in another. But it was not found possible to secure this.
"By article 14 the contracting powers pledge themselves to apply their laws and regulations governing the manufacture, importation, sale, and exportation of morphine, cocaine, and their respective salts to medicinal opium and to all preparations of opium containing not 7 more than 02 per cent. of morphine or more than 01 per cent of cocaine and heroin, and also to any new derivative of morphine and cocaine, or any other alkaloid of opium which might be shown by general scientific research to occasion similar abuses and result in like noxious effects. Article 14 again represents a compromise. The American and several other delegations pressed to have the exceptions in this article as to percentages of morphine, cocaine, and heroin deleted, but failed to accomplish their purpose.
"Chapter IV is composed of articles governing the opium traffic as it has obtained in the past between China and the nationals of several Governments represented. The interest of the United States in this chapter may be said to be important because it contains principles for which the Chinese Government and people long contended, principles which were supported by the United States in its first treaty (1844) with China, and by article 2 of the treaty of 1880 with China, which directly prohibit American citizens from entering into the Chinese foreign or coastwise traffic in opium. Chapter IV revolves somewhat on the agreements made between China and Great Britain; the so-called 10-year agreement of 1907 and the modification of that agreement, signed at Peking May 8, 1911.
"To make this clear the reader should refer to what has already been stated in regard to the so-called 10-year agreement between Great Britain and China of 1907, and to the modification of that agreement signed on May 8, 1911. By so doing it will be seen that the great leaders of- the British Government—more particularly Sir Edward Grey, Lord Morley, Earl Crewe and Lord Minto as governor general of India had determined upon an agreement with China by which the Indo-Chinese opium traffic should be abolished pari passu with the suppression of the production of opium in China, and that thereby the British Government accepted the principle long maintained by the American Government in its treaties with China that the wishes of China in regard to the opium traffic should be met. It will be readily seen that the acceptance of Chapter IV of the International opium convention by the treaty powers represented at the conference broadens the comity between Great Britain and China, and will prevent any nation signatory to the convention taking unfair advantage of the special Anglo-Chinese agreement.
"To continue an outline of the International Opium Convention, it may be stated that by Chapter V, composed of two articles, the contracting powers agree to examine the possibility of enacting laws or regulations making the illegal possession of the drugs named in the convention liable to penalties unless existing laws or regulations have already done so; and they are to communicate to each other through the Netherlands ministry for foreign affairs the text of the laws and the administrative regulations which concern matters aimed at by the convention: also statistical information with respect to that which concerns the traffic covered by the convention.
"But especially attention should be directed to Chapter VI of the convention containing its final provisions. This chapter, composed of Articles 22, 23, 24 and 25, marks a radical departure from the final provisions as seen in any other international convention. It recognized the futility of an attempt on the part of a minority of the powers of the world to bring under control the international traffic in anything which may be produced or trafficked in by the nationals of any State, and would seem to have irretrievably determined that future international conferences, such as the International Opium Conference, must be composed of and its convention to be effective signed by an overwhelming majority of the States directly or indirectly interested. Nearly all international conventions similar to the opiuni convention heretofore signed have been signed by delegates of a comparatively small number of the major and minor States, and generally speaking, their final provisions have permitted of the adhesion of States not represented at the conference and have provided for ratification by the signatory powers in the shortest possible time—usually not to exceed two years.
"The international Opium Conference had no sooner assembled than certain of the delegations pointed out that it would be useless for those States represented in the conference, and who were the largest producers and traders in opium, morphine, cocaine, etc., to agree to radical measures for the international control of these drugs, so long as it was open to the nationals of those States not represented at the conference to continue or take up the production of and traffic in them.
"It was contended by the American delegation, and they were not alone in this contention, that the International Opium Conference was composed of nations representative of the civilized world; therefore that the delegates should pledge their governments to the convention, and that the ordinary form of adhesion and ratification should be adopted as the final provisions of the convention. The American delegation was urged to this contention by the belief that those governments interested and not represented at the conference would soon adhere to what had been signed, as they had many times adhered to other conventions to which they were not directly signatory. But this view was not favored by a majority of the delegations present, and the conference finally decided, as provided by Article 22 of the convention, that the powers not represented at the conference shall be permitted to sign the present convention, and that to this end the Netherlands Government shall invite immediately after the convention shall have been signed all the powers of Europe and of America not represented at the conference (and then is enumerated the 34 other powers of Europe and America) to designate a delegate armed with the full powers necessary for the signing of the convention at The Hague.
"Article 22 proceeds to provide that the convention shall be furnished with the signatures of the other powers by means of a 'Protocol of signature of powers not represented at the conference,' to be added after the signatures of the powers represented, and indicating the date of each signature; and that the Netherlands shall give a monthly notice to all the signatory powers of each supplementary signature.
"Article 23 provides that after all the powers as much for themselves as for their possessions, colonies, protectorates, and leased territories shall have signed the supplementary protocol of signatures, the Netherlands Government shall invite the powers to ratify the convention, together with the protocol of signature.
'In case the signature of all the powers invited shall not have been secured by December 31, 1912, the Netherlands Government shall immediately invite all the powers who have signed by that date to designate delegates to proceed to The Hague to examine into the possibility of nevertheless depositing their ratifications. Ratifications shall then be executed within as short a time as possible, and shall be deposited at once at The Hague in the ministry for foreign affairs. It is also provided that the Netherlands Government shall give notice to all the powers who shall have ratified the convention, and of the date on which the last of such acts of ratification shall have been received.
"By article 24 it is provided that the convention shall go into effect three months after the date on which the Netherlands Government gives notice of ratification to the powers, and again, that all laws, regulations and other measures provided for by the convention shall be drawn up not later than six months after the effectuation of the convention; it is further provided that these measures shall become operative subject to an agreement between the signatory powers at the instance of the Netherlands Government.
"It is important to notice that the last paragraph of article 24 provides that in case questions shall arise relative to the ratification of the convention for effectuation of the convention, or the effectuation of the laws, regulations, and measures which the convention involves, the Netherlands Government, if these questions shall not be decided by other means, shall invite all the signatory powers to designate delegates, who shall assemble at The Hague, to come to an immediate agreement on these questions. This is a novel feature, and, as it will be readily seen, practically provides for an arbitration at The Hague of any disputes growing out of the terms of the convention.
"Article 25 of the convention is common form, and contains the usual provisions for denunciation, for the deposit of the convention, and for the transmission of certified copies of it to the powers represented at the conference. "It may be stated that the novel final provisions of the convention were designed because of the difficulties connected with its Chapter III concerning morphine and cocaine. Chapters I and II concerning the production and traffic in raw and prepared opium, and Chapter IV concerning China are composed of distinct pledges by the signatory powers made on questions on which there was little or no disagreement, and to which it was thought the powers not represented at the conference would readily adhere. Chapter III, on the other hand, deals with the question of the traffic in morphine and cocaine, on which there was disagreement considerable enough to compel certain of the delegations to hold that the chapter could not be effectuated by the signatory powers until it was subscribed to by the States not represented in the conference. Therefore, the novel final provisions were designed because of the difficulties connected with the contents of Chapter III, and the ratification of the entire convention must now wait upon the necessary supplementary signature of 34 other States.
"Toward the end of the conference, and with the object of escaping this dilemma, the American delegation proposed that the convention should be broken in two parts—one to be composed of Chapters I, II, IV and V, on the contents and strict pledges of which all the delegations were agreed, and to have as final articles the ordinary form of such articles in other conventions which provide for adhesion and ratification; the other convention to be composed of Chapters III and VI, the latter to contain the novel final articles as eventually adopted for the convention as it now stands. The American view, however, was not acceptable to a majority of the delegations, and therefore was not pressed.
"In addition to the convention, the delegates to the International Opium Conference signed a protocole de cloture, which contains the following views: That the conference is of the opinion that there is reason to draw the attention of the Universal Postal Union to the urgency of regulating the transmission by post of raw opium; to the necessity of regulating, as far as possible, the transmission by post of morphine and cocaine and their respective salts, and of the other substances contemplated by article 14 of the convention; to the necessity of prohibiting the transmission of prepared opium by post and of the advisability of the study of the question of the Indian hemp drugs from the statistical and scientific standpoint with a view to regulating their misuse should the necessity thereof make itself felt.
"Generally speaking, it may be said that the convention is satisfactory, and illustrates that the most powerful nations in the world are now agreed that an evil, such as the opium evil, is never wholly national in its incidence, can never be suppressed by two nations alone—as was supposed to be the case in regard to the Indo-Chinese opium traffic—but that such an evil as it appears in one State is a concomitant or reflex of a similar evil in other States and is, therefore, international in its moral, humanitarian, economic, and diplomatic effect, that this being so, few evils can be eradicated by national action alone ; and, therefore, only by the cooperation of all the States, directly qr indirectly interested, can such an evil be mitigated or suppressed.
"The convention marks a decided step in advance in the international movement for the suppression of the opium evil, initiated by the United States. This movement at first was thought to concern only those countries of the Far East or those western nations having territorial possessions in the Far East—five or six in number. But it has proceeded, by way of a sober international commission of inquiry, composed of commissioners representing 13 nations, and by a conference composed of delegates with full powers representing 12 of these nations. These delegates, having formulated and signed on behalf of their Governments a convention containing strict pledges for national legislation and international cooperation, the convention has now been presented to the remaining States of Europe and America-34 in number—for their signatures.
"But, quite apart from the contents of the convention itself, the international movement initiated by the United States has had a directly beneficial effect on the interested nations, for, as already related, pending the assembling and action of the international Opium Commission, and while the diplomatic correspondence aimed to secure The Hague conference was in progress many of the Governments concerned perfected domestic legislation for the suppression of the evils connected with opium and other narcotics, and took measures concerning the export of these drugs which were of international significance.
"By the final provisions of the convention contained in Chapter VI, there will probably be a delay of a year before the convention can be ratified by the signatory powers and those powers who agree to sign the protocol of supplementary signature. That, however, is of little moment compared to the new international comity which has been established by the document and the furtherance by it of new principles of international commercial law, while the deduction may be made from article 22 of the convention that all future Hague conferences dealing with matters of general international commerce must be composed of an overwhelming majority of the nations.
"There is, however, one aspeCt from which the convention may be viewed that should be disquieting to the Government and the people of the United States. It has just been stated that a reflex effect of the initiation by the United States of the international movement for the abatement of the opium evil took the form of improved domestic legislation in nearly all the countries concerned of very drastic legislation in some, while one country, at least—Great Britain—both by national and colonial law, effectuated resolution 4 of the International Opium Commission, as now embodied in •Article 3 of the International Opium Convention.
"The one nation which has not been vitally affected by the international movement initiated by the United States is the United States itself, except in the Philippines. In the islands there are model antinarcotic laws; but, in spite of repeated urging by the Executive, the Congress so far has failed favorably to consider carefully drafted measures aimed to bring the continental United States into line and in accord with the principles now embraced by the International Opium Convention. A good beginning was made by the Federal Government, as may be seen by reference to the opium act approved February 9, 1909. This act is imperfect—the only effect which it could possibly have being to prevent the legal importation into the United States of the vicious form of opium known as opium prepared for smoking."
During the first Hague Conference an informal agreement was made between the Minister for Foreign Affairs of the Netherlands Government and the American delegates thereto that the United States should especially concern itself in securing to the convention the signatures of the Latin-American states, which according to Article 22 of the International Opium Convention, along with other powers not represented at that Conference, were to be invited to sign the instrument.
According to Article 23 of the International Opium Convention providing that "in case the signature of all the Powers invited shall not have been secured by December 31, 1912, the Netherlands Government shall immediately invite all the Powers who have signed by that date, to designate Delegates to proceed to The Hague to examine into the possibility of nevertheless depositing their ratification," the Second International Opium Conference was called for July 1, 1213, at The Hague.
After the opening formalities of the Conference it was announced that the following powers had signed the International Opium Convention:
"Germany, the United States of America, Argentina, Belgium, Bolivia, Brazil, Chile, China, Colombia, Costa Rita, Cuba, Denmark, Dominican Republic, Ecuador, Spain, France, Great Britain, Guatemala, Haiti, Holland, Honduras, Italy, Japan, Luxemburg, Mexico, Nicaragua, Panama, Paraguay, Persia, Portugal, Russia, Salvador, Siam, and Venezuela; that all were represented in the conference except Bolivia, Cuba, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Persia and Venezuela."
leaving Austria-Hungary, Bulgaria, Greece, Montenegro, Norway, Peru, Roumania, Servia, Sweden, Switzerland, Turkey, and Uruguay as having not signed. During the Conference Peru and Uruguay agreed to sign and ratify the Convention.
The official report of the Conference addressed to the Secretary of State, continues: 8
"The immediate work before the conference was to decide whether the signatory powers represented were prepared to agree to a deposit of ratifications according to article 23 of the International Opium Convention. At the first session there was a tendency on the part of a majority of the representatives of the powers to proceed at once to that question. But on a plea from the American delegation that an informal discussion of other aspects of the International Opium Convention might lead to something more than a mere agreement to ratify, the conference adjourned for 24 hours to enable the delegations to consult with each other."
"By the 7th of July, as the result of almost continuous informal conference between the above-named representatives of Germany, the United States, France, Great Britain, the Netherlands, and Russia, and as the result of consultations between these representatives and the other delegations, the following project was presented to the conference for discussion:
"PROPOSED RESOLUTION PRESENTED BY THE DELEGATIONS OF GERMANY, UNITED STATES OF AMERICA, FRANCE, GREAT BRITAIN, THE NETHERLANDS, AND RUSSIA ."
RESOLUTION
"Desirous of following up in the path opened by the international commission of Shanghai of 1909 and the first conference of 1912 at The Hague, the progressive suppression of the abuse of opium, morphine, cocaine, as well as of drugs prepared with or derived from those substances, and deeming it more than ever necessary and mutually advantageous to have an international agreement on that point, the Second International Conference—
"1. Utters a wish that the Government of the Netherlands be pleased to call to the attention of the Government of Austria-Hungary, Norway, and Sweden the fact that the signature ratification, drawing up of legislature measures and putting the convention into force constitute four distinct stages which permit of those powers giving their supplemental signature even now.
"Indeed, it is seen from article 23 and 24 that a period of six months is allowed to run between the going into effect of the convention and the drawing up of the bills, regulations, and other measures contemplated in the convention. Furthermore, the third paragraph of article 24 gives the contracting powers the liberty to reach an agreement, after ratification, upon the date on which the said legislative measures shall go into effect. Besides, we cannot refrain from remarking that the difficulties foreseen by Austria-Hungary, Norway, snd Sweden with respect to their legislation were not unknown to the delegates of the signatory powers and were subjected to thorough consideration on the part of the twelve contracting powers. Nearly all the signatory powers are in the same situation as the above-mentioned Governments and have not yet elaborated all the bills contemplated by the convention.
"2. Utters the wish that the Government of the Netherlands be pleased to communicate to the Governments of Bulgaria, Greece, Montenegro, Peru, Roumania, Servia, Turkey, and Uruguay the following resolution:
"The conference regrets that some Governments have refused or neglected to sign the convention as yet. The conference is of opinion that the abstention of those powers would prove a most serious obstruction to the humane purposes aimed at by the convention. The conference expresses its firm hope that those powers will desist from their negative or dilatory attitude.
"3. Utters the wish that the Government of the Netherlands be pleased to point out to the Helvetic Government its error in deeming its cooperation to be of hardly any value. Contrary to what is said in the Federal Council's letter of October 25, 1912, the conference holds that Switzerland's cooperation would be most serviceable in its effect, whereas her abstention would jeopardize the results of the convention. As to the question raised by the Federal Council concerning the respective powers of the Federal and Canton Legislatures it is to be noted that similar difficulties were already considered by the first conference which took them into account in wording the convention.
"4. Requests the signatory Governments to instruct their representatives abroad to uphold the above-indicated action of their Netherland colleagues.
"5. Utters the wish that in case the signature of all the powers invited by virtue of paragraph 1 of article 23 shall not have been secured by the 31st of December, 1913, the Government of the Netherlands will immediately invite the signatory powers on that date to designate delegates to take up the question whether it is possible to put the International Opium Convention of January 23, 1912, into operation.
"This projet met with immediate favor, and was referred to a Comite de Redaction, composed of Dr. Hamilton Wright of the American, Dr. C. Th. van Deventer of the Dutch, Sir William Collins of the British, and Baron Alberic Fallon of the Belgian delegation, for final revision. Such final revision was made with the invaluable assistance of His Excellency Monsieur van Swinderen, Netherlands minister for foreign affairs. On behalf of his Government Mr. Van Swinderen expressed a willingness to see that the terms of the project were immediately laid before the 10 nonsignatory powers, the Dutch representative to those powers, as required by the project to be supported by the representatives of the signatory States at the capitals of the nonsignatory States.
"A roll call as to deposit of ratifications of the International Opium Conference was made, and all the powers represented immediately agreed to proceed to the deposit of ratifications except Great Britain, Germany and Portugal. The representatives of Great Britain and Germany made a very sympathetic statement in regard to, and put on record the entire agreement of their Governments with the International Opium Convention, but held that it was the desire of their Governments to see the signatures more particularly of Austria-Hungary, Switzerland, and Peru added to the convention before they should agree to their deposit of ratifications."
"The above-named projet of the five powers was embodied in a protocole de cloture of the conference and signed by representatives of the powers at the conference at 3 o'clock on July 9, thus bringing to a practical conclusion the five years of effort of the United States to secure comprehensive international action for the suppression of the abuses connected with the production and distribution of opium, morphine, cocaine, and other narcotic drugs. The conference was then adjourned sine die by the minister for foreign affairs of the Netherlands Government and the delegates proceeded to signature."
The result of the Conference in regard to signatures and ratifications may be seen in the following table: 9
"Memorandum for the Secretary of State on the present status of the International Opium Convention signed at The Hague, January 23, 1912, and on agreement to deposit ratifications at The Hague, made July 9, 1913.
"The following powers have signed the convention
Germany 1 United States 1 Argentina 2 Belgium 2 Bolivia 2 Brazil 2 Chile 2 China 1 Colombia 2 Costa Rica 2 Cuba 2 Denmark 2 |
Dominican Republic 2 Ecuador 2 Spain 2 France 1 Great Britain 1 Guatemala 2 Haiti 2 Honduras 2 Italy 1 Japan 1 Luxemburg 2 Mexico 2
|
Nicaragua 2 Panama 2 Paraguay 2 Netherlands 1 Persia1 Portugal1 Peru 2 |
(Total, 36.)
1 Original signatories of the convention.
2 Supplementary signatures, in accordance with article 22 of the convention.
"Of the foregoing nations, the following have agreed to deposit ratifications in accordance with article 23 of the convention:
United States, Dominican Republic, Mexico, Argentina, Ecuador, Netherlands, Belgium, Spain, Russia, Brazil, France, Siam, Chile, Haiti, Guatemala, China, Honduras, Nicaragua, Colombia, Italy, Venezuela, Costa Rica, Japan, Peru, Denmark, Luxemburg, Uruguay
(Total, 27.)
"The following signatory powers were represented at the conference, but reserved ratification until Austria-Hungary, Peru, and Switzerland have agreed to ratification. The chief difficulty of German ratification—Peru—has been removed. It was the general view of the conference that Austria-Hungary and Switzerland would sign and ratify in the near future, and that Great Britain would then agree to ratify. Portugal will undoubtedly agree to ratify.
Germany
Great Britain
Portugal.
"The following signatory powers did not have representatives at The Hague, but are expectant shortly to agree to deposit ratifications:
Bolivia Paraguay
Cuba Persia
Panama Salvador
(Total, 6.)
"That is, the great majority of the signatories have agreed to ratify, and soon all signatories-36—will have agreed to ratify.
"The following countries have not signed the convention, but by direction of the recent conference will be pressed to do so by an identic note to be presented at their foreign offices by the Netherlands minister supported by the ministers of the powers represented in the conference :
Bulgaria Norway
Greece Sweden
Turkey Roumania
Switzerland Montenegro
Austria-Hungary Servia
(Total, 10.)
"Note—All the powers who have signed and agreed to proceed to ratifications will do so without waiting upon the nonsignatory powers. It is expected by the Netherlands Government that all those nations which have agreed to ratify will have deposited their ratifications by December 31 next, and that before that date the most important of the nonsignatory powers will have adhered, thus enabling Great Britain and Germany to agree to ratification.
"Thus, as the result of five years' leadership on the part of the United States, an international convention imposing strict international, and requiring equally strict domestic laws, for the relegation of opium and allied narcotics to strictly medical channels has been signed in the greatest good will by all but ten nations of the world and agreement to ratify the instrument made by nearly all of the signatory powers. There is every reason to believe that by the end of the year, by the action of the recent conference, the entire world will be signatory to the convention, and that it will become universally effective a short time thereafter.
"Shortly before the assembling of the recent conference Great Britain showed her good will toward China and her good intentions in regard to the rest of the world by bringing to a close on the 7th of May last the Indo-Chinese opium traffic, which had officially existed between India and China since 1767, when Clive, general for the British East India Co., won the battle of Plassy.
"There are some who, from an apparently studied disregard of the facts, pretend to believe that this Government has accomplished nothing during the past five years by its leadership in this great movement. I feel that it is not improper to quote from a report on this question made by you to the President on the 21st of last April:
" 'This, Mr. President, is a movement which I have followed for the past six years, I have examined all the essential facts and documents relating thereto and have been gratified to review the growth of this humanitarian, moral, and economic movement from a consultation between this Government and five or six of the great powers of the world to one which now embraces the co-operation and has the sanction of almost the entire group of civilized States, and this in spite of the fact that it means past and future financial losses to the powers concerned of over $50,000,000 aggregate annual revenue. The entire movement illustrates a principle abroad in and stamped with the approval of the world to-day, namely, that the peoples are now agreed that an evil such as the opium evil is never wholly national in its incidence, can never be suppressed by two nations alone, as was supposed to be the case with the Far Eastern opium traffic, but that such an evil as it appears in one state is a concomitant or a reflex of a similar evil in other states, and therefore is international in its moral, humanitarian, economic and diplomatic effect; further, that few evils can be eradicated by national action alone, and therefore that there must be co-operation of all the states directly or indirectly interested before such an evil is mitigated or suppressed. This movement, in which the United States has taken so large a part, was thought at first to concern only those countries of the Far East, or those western nations having territorial possessions in the Far East—five or six in number. But it has proceeded by way of a sober international commission of inquiry composed of commissioners representing thirteen nations and by a conference composed of delegates with full powers representing 12 of these nations. Those delegates having formulated and signed on behalf of their Governments a convention containing strict pledges for national legislation and international co-operation, it was presented to the remaining States of Europe and America, 34 in number, for their signature.'
"As the above table will show, not only have the majority of the 34 signatures been secured, but nearly all of those who have signed agreed at the recent conference to proceed to ratification, while the recent conference put into operation the necessary diplomatic machinery for the securing of the remaining signatures and ratifications of the international convention.
"It remains for the United States to demonstrate the sincerity of its leadership in this movement by passing the necessary Federal legislation required by the terms of the convention. It is very gratifying to be able to state that the action of the House in unanimously passing the three antinarcotic bills approved by the President, yourself, and the Secretary of the Treasury, had a most beneficent effect on the recent conference, for it was regarded as a pledge that the Senate would shortly act on the legislation, and that the United States proposed to remain in the forefront of the humanitarian movement which it had inaugurated."
The following is the Final Protocol of the Second International Opium Conference-1913.1°
"(Translation)
"The Second International Opium Conference, convoked by Government of the Netherlands in virtue of Article 23 of the International Opium Convention, met at The Hague, in the Palace of the Counts, July 1, 1913.
"The Governments enumerated below took part in the Conference, for which they had designated the following named delegates.
(Here follow names of Governments and delegates.)
"In a series of meetings held from the 1st to the 9th the conference after examination of the question put before it by paragraph 2 of Article 23 of the International Opium Convention of January 23, 1912.
"I. Decided that ratifications may be deposited from this moment.
"II. Unanimously adopted the following resolution:"
(Here follows the resolution previously quoted.)
"In faith whereof the delegates have affixed their signatures to the present protocol.
"Done at The Hague, the ninth of July, one thousand nine hundred and thirteen, in one copy that shall remain deposited in the archives of the Government of the Netherlands and certified copies of which shall be delivered through the diplomatic channel to all the powers, whether or not signatory.
(Here follow signatures.)"
The ratification of the International Opium Convention and Final Protocol was advised by the Senate of the United States on October 18, 1913, passed by the President on October 27, 1913, and deposited by the United States with the Netherlands Government December 10,
On January 17, 1914, shortly after the ratification of the Hague Convention, an act was approved by the President of the United States, which, among other provisions, restricted the exportation of opium and its preparations, except smoking opium, the exportation of which was prohibited, to those countries regulating their importation under regulations prescribed by such countries. As will be noted in the section dealing with the national phases of the problem, where it is discussed in detail, this act attempts to meet the objects of The Hague Convention.
In accordance with Section III of the Final Protocol of the Second International Opium Conference July, 1913, which provided that "in case the signature of all the powers invited by virtue of paragraph 1 of article 23 shall not have been secured by the 31st of December, 1913, the Government of the Netherlands will immediately invite the signatory powers on that date to designate delegates to take up the question whether it is possible to put the International Opium Convention of January 23, 1912, into operation," a third conference was called.
The American delegates to the Third International Opium Conference were Dr. Henry Van Dyke and Charles Denby. In his letter of instruction to these delegates, after reviewing the situation to date, the Secretary of State states: 11
"Since the adjournment of the Conference of last July the American and the Netherlands Governments have made a united effort to secure for the Convention the signatures of the remaining non-signatory Powers, and have been successful except in the case of Austria-Hungary, Greece, Servia and Turkey.
"It is assumed by the Department that the discussion and conclusions of the prospective Conference will, except by general consent of the interested Governments, be confined to the purpose of the Protocol signed at The Hague on July 9th last. Therefore, it is unnecessary to give you detailed instructions on this question. Should, however, other questions arise resulting from the anti-opium movement with its hearing on the treaties, you will be guided by the tenor of the Department's instruction of October 18, 1911, to the American Delegates to the International Opium Conference which met at The Hague on December 1st of that year.
"You may agree to put the International Opium Convention into force on behalf of the Government of the United States.
"One thing I wish you to bear in mind, namely, that while the International Opium Convention does not require the signatory Powers to at once put into force domestic legislation to carry out its pledges, nevertheless, this Government has proceeded to put such legislation on the statute books in the hope that its action may be an incentive to the other Governments not to wait upon the exact terms of the Convention. I desire that you lay before the Conference a proper statement as to what the Federal Government has done in the way of legislation in accordance with the terms of the International Opium Convention, and if possible to use the action of •this Government to secure similar action in the near future on the part of the other Governments."
"As to the great benefit which has accrued to this Government from the sincere cooperation of the other nations with it for the suppression of the evils associated with the opium and allied traffics, you should consult my letter of . . . to the Secretary of War congratulating him upon the practical suppression of the narcotic evil in the Philippine Islands.
"I may assure you that it is the President's earnest desire, one in which I warmly join, that the Conference which you are about to attend through harmonious consideration will accomplish the great purpose for which it is convened and mark the successful termination of this Government's eight years' effort to bring to an end an odious economic evil.
"I am (etc.)
"W. J. Bryan."
On June 26, 1914, the American delegates reported as follows: 12
"Sir: The Third International Opium Conference closed its sessions on June 25th at 11 A. M. We have the honor to submit the following report in regard to it.
"It is important to keep clearly in mind the distinction between 'Invited Powers,' Signatory Powers' and 'Ratifying Powers.'
"At the opening of the Conference the position of the Powers was as follows: Forty-three 'Invited Powers' had signed the Convention of 1912, or intimated their intention of signing. Twelve 'Signatory Powers' had ratified it. Turkey and Servia had refused to sign. Greece had intimated willingness to sign for herself, but not for her colonies. (She has since signed for all.) The problem before the Conference, as defined by the Protocol of July 9, 1913, was 'the examination of the possibility of putting into effect the Convention of 1912' while two of the Invited Powers were still not Signatory Powers. On this question the opinions were divided as follows:
"A number of countries were apathetic, their subjects having no connection with the opium traffic either as traders or as consumers. Others, while approving the movement on humanitarian grounds, could not at once ratify the Convention because of constitutional difficulties in carrying out its provisions. Germany, however, was candidly unwilling to surrender her trade in narcotics and instruments for the administration thereof, unless the Convention could be approved by all invited Powers, especially Turkey, which otherwise might continue to supply the market. Great Britain, while in favor of the Convention and its enforcement, showed unwillingness to put it into force unless all Signatory Powers (Germany especially) should concur. _France and Russia apparently sympathized with this view.
"The delegations which strongly supported the idea of putting the Conventions into force, even if Turkey should continue obstinate, were those of the United States, the Netherlands, Italy, Belgium, Denmark, China, Japan, Siam, Persia, the South and Central American Republics.
"It was evident that, as Turkey could not be induced to sign, either the Convention must fail altogether, or the provision which made the execution of the Convention dependent on unanimity of all invited Powers must be modified, and the execution thereof made dependent on the consent of the Signatory Powers, disregarding the non-signers. If the assent of Germany could have been secured to this plan, the Convention could have been ratified and put into execution without great delay by all Powers except Turkey and Servia, which would thus have been forced eventually to join.
"This was the position taken by the American delegation in the resolution offered by their first delegate in the first session of the Conference, as follows:
"Resolved, That the Signatory Powers pledge themselves to ratify as soon as possible the Convention of 1912, and to put it into effect from the first of December, 1914.
"This was intended to mark the attitude of the United States in favor of the prompt mise en viguer of the Convention, as indicated in the Department's instruction of June 5, especially the paragraph: 'You may agree to put the International Opium Convention into force on behalf of the Government of the United States.' Although this resolution was referred to the Editing Committee and so disappeared in its original form, the principle of voluntary agreement of Signatory Powers in spite of the abstention of Turkey and Servia, became the link which held the Conference together.
"At the fourth session of the Conference the second delegate of the United States, in pursuance of the Department's instruction, made a clear and full statement of the legislation which our Government has enacted by way of carrying out the Anti-Opium Convention of 1912. A copy of this statement is enclosed. It impressed the Conference, and a sentiment disclosed itself among other delegates to have their countries do likewise. It became therefore a matter of great importance to act while this sentiment prevailed.
"In order at least to retain the progress made in this Conference, namely, the possibility of executing the Convention at once by such Powers as were prepared to do so, and to leave the door open to future adherents, the delegation of the Netherlands proposed to push this plan to a conclusion.
"The delegation of the United States, while seeking to secure unanimity of the Powers, and while prepared to propose (under your telegraphic instructions) an adjournment of the Conference until later in the summer in order to give time to secure unanimity, became convinced after consultation and consideration that such a proposal would certainly fail, it was also the judgment of your delegation that such adjournment, even if carried, would not tend to secure unanimity, but would rather dishearten Powers now prepared to act. These views were expressed to you in our telegram of June 23.
"The policy pursued by the delegation of the United States has been based on the determination in difficult circumstances to have the action of the Third Opium Conference mark a step forward if possible, but in any case to have it secure an open door for the future. This policy, which has been consistently maintained, was outlined in the opening address of the first American delegate, delivered in the course of the second session of the Conference on the 16th of June, in which he said 'We want to go forward with you. We want to have the Convention ratified and put into force as soon as possible, with as many signatory and adhering Powers as possible, but in any event put into force with as few or as many in America and Asia and Europe as will agree to make the adventure.'
"This wish has been more fully realized than seemed at first possible. The resolutions and avis brought forward by the Conference's Editing Committee were adopted by a unanimous vote. Copies thereof are enclosed, with translation.
"With the adoption of a Protocol of Cloture subsequently signed by all delegates present, and expressly approved by telegrams from those who were not present, the Conference came to a close.
"The delegation of the United States, the activity and influence of which had largely helped to bring about the unanimity in the adoption of the Protocol of Cloture, signed the same with satisfaction, feeling that this was a decided step toward the aim of all the Opium Conferences.
"The speech of the first American delegate at the close of the Conference (a copy of which is herewith enclosed) endeavored to state clearly the position of the United States as we have understood it from your instructions, as including:
"1. An earnest desire to make the Anti-Opium Convention of 1912 effective soon;
"2. A sincere wish that all nations shall join;
"3. A willingness to put it into force between a limited number of Powers under proper conditions;
"4. A definite intention to do this only in such form as will not foster nor permit a profitable monopoly in opium for the abstaining Powers.
"In our opinion the conclusions reached by the Third Opium Conference open the way to such a result. Diplomatic conversations with Ghat Britain and the Netherlands, the largest Colonial Powers in the East, and with China, Japan and Siam, will be necessary. The strongest efforts should be made to unite all these Powers in a plan for suppressing the trade in opium as an intoxicant, and limiting the commerce in it as a medicine to those nations which agree to this suppression.
"We are convinced that this method is the one most likely to lead to an ultimate unanimity of all the other Powers in the campaign against the opium evil. You will observe that full provision has been made for subsequent ratifications of the Convention as they occur.
"Our action as delegates has not in any way committed the United States to this plan, but has merely made sure that the way should remain open if our Government should wish to follow it."
The following is the final Protocol of the Third International Opium Conference: 13
"The Third International Opium Conference, convoked by the Government of the Netherlands in virtue of voeu No. III, uttered by the Second Conference, met at The Hague, in the Hall of the Knights, June 15, 1914.
" 'The Governments enumerated below took part in the Conference for which they had designated the following-named delegates:
" '(Here follow names of Governments,—namely, Germany, the United States of America, the Argentine Republic, Belgium, the United States of Brazil, Chile, China, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Guatemala, Haiti, Italy, Japan, Luxemburg, the United States of Mexico, Montenegro, the Netherlands, Persia, Portugal, Roumania, Russia, Siam, Sweden, Switzerland,.. Uruguay, and the United States of Venezuela—and of their delegates.)
"'A. Expressed the following opinions:
" `I. That it is possible to bring into effect the International Opium Convention of January 23, 1912, notwithstanding the fact that some Powers invited by virtue of S 1 of Article 23 have not yet signed the Convention.
"'II. That the coming into effect of the Convention as among all the signatory Powers will take place when those Powers that have already signed it, and those that have expressed their intention to adhere to it, shall have ratified it. The date of the coming into force of the Convention will be that which is fixed by S 1 of Article 24.
" `III. That if, at a date to be determined by the Conference, not all of the signatory Powers have yet deposited their ratifications, it will be possible for the signatory Powers, whose ratifications may have been deposited by that date, to put the Convention into effect. The same option will be allowed to those signatory Powers which may from time to time deposit their ratifications after that date.
"'IV. That the date contemplated by III is December 31, 1914.
"'V. That the opportunity to accede to the Convention remains open to those Powers which have not yet signed it.
"'B. Decided:
"'That a Protocol, by which the signatory Powers disposed to avail themselves of the option contemplated by III may declare their intention to bring the Convention into effect, will be opened at The Hague.
" 'His Excllency the Minister for Foreign Affairs of the Netherlands, acceding to the wish unanimously expressed by the Conference, has consented to have such a Protocol drawn up, which will be kept open for signatures.
"'C. Adopted unanimously the following resolution:
"The Conference invites His Excellency the Minister for Foreign Affairs of the Netherlands to undertake, in the name of the Conference, an urgent and respectful demarche towards those signatory Powers which have neither ratified the Convention nor expressed their intention to do so—a demarche intended to bring them to declare themselves ready in the near future to deposit their ratifications, in order that the Convention may come into force as soon as possible.
" 'In faith of which the delegates have affixed their signatures to the present Protocol.
" 'Done at The Hague, June 25, 1914, in one single copy, which shall remain deposited in the archives of the Government of the Netherlands, and copies of which, duly certified, shall be delivered through diplomatic channels to all the Powers, both signatory and non-signatory'.
"(Here follow signatures in behalf of the Powers, enumerated above, except Chile, the Dominican Republic, Ecuador, Haiti, and Uruguay, in regard to which the official print here quoted makes the annotation that 'communications having been interrupted in consequence of the war, it has not been possible to obtain signature, which it had not been feasible to give at the time of the closing of the Conference.')"
On December 17, 1914, an act, commonly known as the Harrison Narcotic Act, was approved by the President of the United States, which represented this country's attempt to carry out the provisions of The Hague Convention for the control of the distribution of the drugs in question. A digest of this law will be found in the chapter dealing with the national aspects of the problem.
On March 3, 1915, the following proclamation was issued by the President of United States putting into effect the Convention and Final Protocol: 14
"Whereas a Convention between the United States of America and certain other Powers for the progressive suppression of the abuse of opium, morphine, cocaine, and derivative drugs, was concluded and signed by their respective Plenipotentiaries at The Hague on the twenty-third day of January, one thousand nine hundred and twelve, a certified copy of which Convention, being in the French language is word for word as follows:"
(Here follows the text of the convention and protocol)15
"And whereas, the said Convention and Final Protocol have been ratified by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of China and the Netherlands, and the ratifications of the said Governments were deposited by their respective Plenipotentiaries with the Government of the Netherlands;
"Now, therefore, be it known that I, Woodrow Wilson, President of the United States of America, have caused the said Convention and Final Protocol, to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
"In testimony wherof, I have hereunto set my hand and caused the seal of the United States to be affixed.
"Done at the City of Washington this third day of March in the year of our Lord one thousand nine hundred and fifteen, and of the independence of the United States of America (Seal.) the one hundred and thirty ninth.
"Woodrow Wilson.
"By the President:
W. J. Bryan
Secretary of State"
On March 3, 1915, the President also approved "An act to regulate the practice of pharmacy and the sale of poison in the consular districts of the United States in China." This law supplemented the Act of February 23, 1887 providing for the execution of article two of the Treaty of 1880 with China.
Due to the War a period of inactivity followed until, according to McMurray: 10
"The Netherland Government under date of August, 1919, notified the other interested Powers that the Convention had been ratified by Denmark, Siam, Guatemala, Honduras, Venezuela, the Unit. i States of America, Portugal, China, Sweden, Belgium, Italy, Great Britain, the Netherlands, Nicaragua, Norway, Brazil, Ecuador, Uruguay and Spain. The Protocol for the putting into effect of the Convention had been signed only by the United States of America, China, the Netherlands, Honduras, Norway, Belgium and Luxemburg. The Convention was therefore in force only as among the Powers last specified."
However, the Treaties of Peace b€,Lween the Allied and Associated Powers and Germany, Austria, Bulgaria and Hungary drawn up at the Peace Conference in Paris and signed in 1919 and 1920, provided for the bringing into force of the International Opium Convention and Special Protocol by including the following article in each treaty:
"Those of the High Contracting Parties who have not yet signed, or who have signed but not yet ratified, the Opium Convention signed at The Hague on January 23, 1912, agree to bring the said Convention into force, and for this purpose to enact the necessary legislation without delay and in any case within a period of twelve months from the coming into force of the present Treaty. "Furthermore, they agree that ratification of the present Treaty should in the case of Powers which have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification of that Convention and to the signature of the Special Protocol which was opened at The Hague in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing the said Convention into force.
"For this purpose the Government of the French Republic will communicate to the Government of the Netherlands a certified copy of the protocol of the deposit of ratifications of the present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it were a deposit of ratifications of the Opium Convention and a signature of the Additional Protocol of 1914."
The ratification of these treaties automatically brought the Convention into force for the following countries:
"Austria, Bolivia, Brazil, Bulgaria, Cuba, Czecho-Slovakia, France, Germany, Great Britain and possessions, Greece, Guatemala, Haiti, Hungary, Italy, Japan, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, Serb-CroatSlovene State, Siam and Uruguay."
Although the United States did not sign the Treaty of Versailles, article 295 of the Treaty of Versailles above quoted was incorporated in the Treaty between the United States and Germany Restoring Friendly Relations, signed August 25, 1921.
A further step which the Treaties of Versailles, St. Germain, Trianon and Neuilly undertook in relation to the international features of the opium problem consisted of a provision under article 23 of the Covenant of the League of Nations, which formed Part 1 of these Treaties. Article 23 reads as follows:
"Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League :"
"(c) will intrust the League with the general supervision over the execution of agreements with regard to the traffic in women and children and the traffic in opium and other dangerous drugs."
On January 11, 1923, the following countries were listed as members of the League of Nations and therefore have subscribed to article 23 of the Covenant:
"Albania, Argentine Republic, Australia, Austria, Belgium, Bolivia, Brazil, British Empire, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Cuba, Czecho-Slovakia, Denmark, Ezthonia, Finland, France, Greece, Guatemala, Haiti, Hungary, Honduras, India, Italy, Japan, Latvia, Liberia, Lithuania, Luxembourg, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Persia, Peru, Poland, Portugal, Roumania, Salvador, Serb-Croat-Slovene State, Siam, South Africa, Spain, Sweden, Switzerland, Uruguay and Venezuela."
Having undertaken to interest itself in the opium problem from an international point of view, the League of Nations through its Assembly on December 15, 1920 adopted a Resolution in accordance with Article 23 of the Covenant authorizing the Secretariat to collect "information as to the arrangements made in the various countries for carrying out the Opium Convention, the production, distribution and consumption of the drugs, and other necessary data"; and creating an Advisory Committee on Traffic in Opium whose functions were:
1. "To secure the fullest possible co-operation between the various countries in regard to the carrying out of the Opium Convention.
2. "To assist and advise the Council in dealing with any question that may arise."
The first meeting of the Advisory Committee on Traffic in Opium was held in May, 1921.'7 In addition to preparing, at the request of the Secretariat, a questionnaire to be addressed to all governments, requesting information as to measures adopted for the carrying out of the Hague Convention, and the production, distribution and consumption of the drugs, the Committee made the following recommendations:
"1. (a) That the Council should use its influence with those States which are Members of the League and have not signed or ratified the Convention, to do so as soon as possible;
"(b) That the Netherlands Government should be asked to continue its efforts to secure ratification by those States which are not Members of the League.
"2. That a report should be made annually to the League by each country which is a party to the Convention, on the execution in its territory of the provisions of the Convention, with statistics of production, manufacture and trade.
"3. That the Council should consider the possibility of undertaking an inquiry through the International Health Organisation of the League, or otherwise, to determine approximately the average requirements of the drugs specified in Chapter III of the Convention for medical and other legitimate purposes in different countries.
"4. That the Council should suggest the adoption of the following procedure to the Governments which are parties to the International Opium Convention, in order to enable them to carry out their obligations under Articles 3 and 5, and under Article 13, of the Convention:
"Every application for the export to an importer of a supply of any of the substances to which the Convention applies shall be accompanied by a certificate from the Government of the importing country that the import of the consignment in question is approved by that Government and is required for legitimate purposes In the case of the drugs to which Chapter III of the Convention applies, the certificate shall state specifically that they are required solely for medicinal or scientific purposes.
"5. That the Council should suggest to the Treaty Powers that, subject to the consent of the Central Government of China, they should instruct their Consular Representatives in the Provinces to make strong representations to the Provincial Governors on the subject of poppy cultivation.
"6. That the Council should direct the special attention of the treaty Powers to the provisions of Article 15 of the Convention and urge that the most effective steps possible should be taken to prevent the contraband trade in opium and other dangerous drugs."
Except for No. 5, action on which was deferred, the above recommendations were approved by the Council and suitable resolutions adopted on June 28, 1921.'8 In addition, following the comments of Mr. Koo, the representative of China, who introduced the report of the Advisory Committee, a further resolution was passed. In part Mr. Koo stated: 19
"In addition to the Recommendations of the Advisory Committee, I may point out to my colleagues another aspect of the opium question. Heretofore, except perhaps in China, international legislation has been directed towards the progressive limitation of the traffic in opium. A growing conviction, however, appears now to prevail in many countries that the nations of the world will be well advised to agree also upon a programme for the progressive suppression of the production of opium. For it is felt that to deal with the Opium problem satisfactorily it must be dealt with at the very root or source, and to this end the cultivation of opium should be reduced progressively and eventually limited to strictly medicinal and scientific purposes. If my colleagues share this view, it is desirable, as an initial step towards the attainment of this object, to request the Advisory Committee on Traffic in Opium to consider the question of making an enquiry into the approximate average requirements of raw and prepared opium specified in Chapters I and II of the Opium Convention for medicinal and scientific purposes in different countries."
The new resolution passed by the Council was as follows:
"That in view of the world-wide interest in the attitude of the League towards the Opium question and of the general desire to reduce and restrict the cultivation and production of opium to strictly medicinal and scientific purposes, the Advisory Committee on Traffic in Opium be requested to consider and report, at its next meeting, on the possibility of instituting an enquiry to determine approximately the average requirements of raw and prepared opium specified in Chapters I and II of the Convention for medicinal and scientific purposes in different countries."
These resolutions of the Council were considered by the Fifth Committee of the Second Assembly 20 whose recommendations were accepted in substance by the Assembly on September 30, 1921, in the following form: 21
"I.—The Assembly concurs in paragraphs 1, 2, 4, and 5 of the resolution adopted by the Council on June 28th, 1921, as follows:
"1. That .States which are Members of the League and have not signed or ratified the International Opium Convention be invited to do so as soon as possible.
"2. That the Netherlands Government be requested to continue its efforts to secure ratification of the International Opium Convention by those States which are not Members of the League.
"3. (Paragraph 4 of the resolution of the Council.)
"That in order to carry out the obligations under Articles 3 and 5 under Article 13 of the International Opium Convention, the Governments which are parties to the Convention be invited to adopt the following procedure:
" 'Every application for the export to an importer of a supply of any of the substances to which the Convention applies shall be accompanied by a certificate from the Government of the importing country that the import of the consignment in question is approved by that Government and is required for legitimate purposes.
" 'In the case of drugs to which Chapter III of the Convention applies, the certificate shall state specifically that they are required solely for medicinal or scientific purposes.'
"4. (Paragraph 5 of the resolution of the Council.)
"That the special attention of the Contracting Powers having Treaties with China be invited to the provisions of Article 15 of the International Opium Convention, so that the most effective steps possible should be taken to prevent the contraband trade in opium and other dangerous drugs.
"II.—The Assembly confirms the second recommendation passed by the Advisory Committee on Traffic on Opium during its session of May 2nd-5th, 1921, as follows:
"5. That a report should be made annually to the League by each country which is a party to the Convention, on the execution in its territory of the provisions of the Convention, with statistics of production and manufacture of, and trade in opium.
"III.—The Assembly adopts the following additional resolutions and recommendations presented by its Fifth Committee:
"Resolutions.
"6. The Assembly urges those States Members of the League which have not yet signed and ratified the Opium Convention to do so as soon as possible.
"7. In order to facilitate the execution of the Convention, the Assembly urges all States Members of the League which are parties to the Convention to signify to the Secretariat as soon as possible their acceptance of the fourth recommendation of the Advisory Committee relating to the requirement of importation certificates.
"Recommendations.
"8. The Assembly concurs in paragraph 3 of the Council's Resolution of June 28th, 1921, on the understanding that the enquiries undertaken will be of a scientific character and that, when they apply specifically to any particular country, they will be made through, or with the consent of, the Government of that country.
"9. The Assembly recommends to the Council that, in paragraph 5 of the latter's resolution dated June 28th, 1921, it should also draw the attention of the Government of China to Article 15 of the International Opium Convention.
"10. The Assembly recommends to the Council that the enquiry referred to in paragraph 7 of the latter's resolution dated June 28th, 1921, should be extended to include all opium the consumption of which may be considered legitimate, and that to this end the word 'strictly' be omitted, and the word `legitimate' be substituted for 'medicinal and scientific.' It further recommends to the Council the omission of the reference to prepared opium, that is to say, to opium prepared for purposes of smoking, the complete suppression of which is provided for in Chapter II of the Convention.
"11. The Assembly recommends to the Council that the different Governments be invited, where they see no objection, to furnish to the Secretariat, in addition to the official annual report, any information concerning the illicit production and manufacture of, or trade in, opium or other dangerous drugs, which they think likely to be useful to the League in the execution of its task.
"12. The Assembly recommends the Council to consider whether all nations specially concerned in either the growth or manufacture of opium or other dangerous drugs should not be represented on its Advisory Committee.
"13. The Assembly recommends the Council to request the Advisory Committee to extend their investigations to include not only the drugs mentioned in the Convention of 1912, but also all dangerous drugs of whatever origin which produce similar effects, and to advise as to the desirability of convoking a further international conference of States, which are parties to the Convention, as well as States Members of the League of Nations, with a view to drawing up a convention for the suppression of the abuse of such drugs."
It should be noted that the major difference between the resolutions passed by the Council and those adopted by the Assembly lies in the use of the term "medicinal and scientific." The Council's resolution provided for an inquiry to determine the requirements of raw and prepared opium specified in Chapter I and II of the Convention for medicinal and scientific purposes, while the Assembly substituted for "medicinal and scientific" the word "legitimate" and extended the scope of the resolution to include "all opium the consumption of which may be considered legitimate." The basis for this change is given in the comments contained in the report of the Fifth Committee as follows: 22
"As regards the third recommendation, the ground for the alterations recommended by the Committee in paragraph 7 of the Council's resolution are to be found in the very special conditions obtaining in various countries, particularly in India. The Indian Delegate has informed the Committee that the number of properly equipped hospitals and dispensaries in India is inadequate to the needs of the population, which over vast areas is without medical assistance. In order to cope with the diseases with which some of these regions are constantly infected, the population has cultivated the opium poppy from time immemorial, and habitually takes opium in small doses as a prophylactic or an effective remedy. It is this use of opium which cannot be styled purely medical, i.e., that which is prescribed by a physician, that the Committee has in mind in using the term 'legitimate.' "
As the result of its second meeting on April 19 to 29, 1922, the Advisory Committee adopted the following resolutions: 23
"(1) That the Council of the League should be requested to urge on all States which have not yet done so, and in particular on Switzerland, Persia and Turkey, the desirability of bringing the Opium Convention of 1911 into force in its entirety without delay.
"(2) That it is most desirable that the system of Importation Certificates unanimously adopted by the Council and the Assembly of the League should be brought into force by countries in Europe, America, Africa and Australia not later than September 1st, 1922, and by other countries not later than January 1st, 1923; and that the governments should be asked to adopt the form of Importation Certificate proposed by the Advisory Committee.
"(3) That the Health Committee of the League of Nations should be asked by the Council to continue their enquiries into the requirements of the various countries of morphine and other dangerous drugs for medicinal and scientific purposes.
"(4) That the Council should invite the governments of all States signatory to the Convention of 1912, and other States Members of the League, to furnish the Secretary-General of -the League with a statement of their countries' total requirements for internal consumption per annum of opium and its derivatives, indicating separately, if possible, the quantities employed respectively for medicinal, scientific and other uses. The statement should distinguish the kinds of opium required and in the case of opium derivatives the amounts should be given in terms of morphine content.
"The Advisory Committee is further of the opinion that this statement should reach the Secretary-General not later than January 1st, 1923, and that it is of particular importance that the quantities of opium required for consumption in Far Eastern countries, where the Chinese are the principal consumers, should be available by that date.
"(5) That the Council of the League should, if the necessity arises, invite the governments of States which are Parties to the Convention to facilitate the carrying out in their territories of joint investigations by commissions, appointed partly by the government concerned, and partly by the League, into any questions arising under the Opium Convention.
"(6) (a) That the Committee having considered the reports, as communicated by the Chinese representative on the Committee, of the enquiries instituted by the Chinese Government into the alleged revival of opium cultivation in various provinces, and having had regard to the time at which, the conditions under which, and the position of certain of the persons by whom the enquiries were made, and to the fact that certain important districts had not been covered and having compared the reports with the information contained in the Blue Book issued by the British Government and with other information before the Committee,
"Regrets that while gladly acknowledging that in certain provinces efforts have been made by the authorities to enforce the prohibition of opium, it is forced to the conclusion that there is a large and widespread revival both of the cultivation and use of opium in China"
"(7) That the Committee notes the promise of the Japanese Government, conveyed through its representative, to make the strictest possible investigation into the illicit traffic in morphine at present being carried on in the Far East; and it recommends that co-operation should be established between the Japanese authorities and the Chinese Maritime Customs, with a view to tracing the sources of contraband morphine. It is further desirable that the discrepancies between the Japanese import statistics and the export statistics of certain other countries should be cleared up.
"(8) That, in order to facilitate the general control of the traffic in dangerous drugs, the Committee recommends:
"(a) that the information with regard to the manufacture of cocaine should be completed as soon as possible;
"(b) that the Council of the League should invite the governments to furnish the Secretariat with as close an estimate as possible of the annual requirements of cocaine in their respective countries;
"(c) that the governments should arrange for the mutual exchange of full information concerning all seizures made by their respective Customs and Police authorities;
"(d) that the governments should consider the advisability of undertaking educational work as to the dangers of indulgence in the drugs;
"(e) that, as experience shows that, in consequence of the enormous profits realized by the illicit traffic in dangerous drugs, pecuniary penalties are no longer a sufficient deterrent, the governments should consider the question of providing for a substantial sentence of imprisonment as an alternative penalty;
"(f) That the list of drugs not covered by the Convention of 1912, communicated by the French Government, should be referred to the interested governments for their observations; and that pending the receipt of such information, the question of holding a further International Conference should be postponed.
"(9) That the offer of the League of Red Cross Societies to invite the National Red Cross Societies which are interested in the Opium question to undertake educational work as to the evil results of "the abuse of opium shon:-; be accepted.
"(10) That the Council should invite the governments, in making their annual report to the League on Opium and other dangerous drugs, to adopt the form prepared by the Advisory Committee; to furnish the report not later than July 1st (in the case of Western Countries); and October 1st (in the case of Eastern countries); and to make the report in one or other of the official languages of the League."
On May 16, 1922, the Council passed the following resolution: 25
"The Council of the League of Nations, having considered the report presented by the Advisory Committee on the Traffic in Opium dated May 1, 1922, " 'Resolves as follows:
"`(1) The Council, not being confident that the questions dealt with in paragraph 3 of resolution 6 (a) of the report and in the corresponding passage of page 7 lay within the competence of the Advisory Committee on Traffic in Opium, considers that it would be advisable to omit this passage from the report.
"(2) The Council, having considered the proposal made in resolution 6 (c) and the objections to this proposal made by the Chinese Representative on behalf of his Government, is of the opinidn that the following resolution would afford a satisfactory solution of the problem, and should be substituted for the first part of resolution 6 (c):
"That the Chinese Government shall be asked to invite the International Anti-Opium Association in Peking to nominate a representative as member of the Chinese Commission of Investigation and to authorize this member to transmit through the medium of the Chinese Government a report to the League in addition to the general report of the Commission of Investigation.
"(3) The Council considers that paragraph 6 (d) might be omitted in view of the fact that the whole report as finally approved by the Council will be made public.
" `(4) The Council, therefore, approves the report with the exception of those paragraphs dealt with above.
" `(5) The Secretary-General is accordingly instructed, in consultation with the President of the Council,
"(a) To communicate with the Chairman of the Committee regarding the modifications which the Council would desire made in the report;
"(b) To transmit the report to the Assembly subject to the modifications as set out in these resolutions.' "
The portions of the Committee's report referred to in the preceding resolution of the Council were reconsidered by the Committe and the suggestions made by the Council were approved. The report of the Committee to the Council states: 26
"1. The Council, at its session in July, requested the Advisory Committee to reconsider a passage in its report with reference to the situation in China, and in connection therewith, referred to it a suggestion for dealing with the situation which had received the consent of the Chinese Government and which the Council were prepared to approve. The suggestion in its complete form was to the effect that, having regard to the finding of the Committee with reference to the situation in China which appears in the report of the Committee as published, the Chinese Government should be asked to make more thorough enquiries as regards the cultivation of the poppy in China so as to be able to supply the League with a more reliable report than was forthcoming this year; to include in the Commission of Investigation representatives of organizations such as Chambers of Commerce and Educational Associations, and to associate with the Commission of Investigation a representative of the International Anti-Opium Association in Peking and to authorize this representative to transmit through the medium of the Chinese Government a report to the League in addition to the General report of the Commission of Investigation. The Advisory Committee understand that, as it will presumably be necessary to appoint a number of Commissions to investigate the conditions in the different provinces, as was done last season, the proposal means that a representative of the International Anti-Opium Association will be associated with each of the Commissions. The Advisory Committee, after full consideration and having regard to existing circumstances, are prepared to recommend to the Council the adoption of this course. It is understood that as the investigations can only be effective if made during the season of the year while the poppy is in flower, arrangements will be made by the Chinese Government accordingly.
"2. The Advisory Committee notes with regret that a large number of Governments have not yet replied to the Secretary-General's letter of May 30th, 1922, on the subject of the introduction of the import certificate system, and that comparatively few of the Governments who have replied have definitely agreed to bring that system into force on the dates suggested by the Com• mittee. No objections have been lodged by any Government to the system in itself, and its early, and, so far as possible, simultaneous, introduction by all Governments appears to the Committee of the utmost importance.
"The only practical means of exercising effective control over the traffic is to secure the assent of all countries to the immediate introduction of the import. and export certificate system.
"The Committee therefore recommends that the attention of all Governments which have not yet agreed to bring the system into operation on a fixed date should again be invited to the matter, and that its vital importance should be emphasized as strongly as possible, as also the urgent necessity for the early and universal adoption of the system.
"3. The Committee has had before it a suggestion from the Health Committee of the League that for the purpose of facilitating the investigation into the requirements of the drugs, for medical and scientific purposes and any other investigations into questions on which the Advisory Committee may desire an expert medical opinion, an expert sub-committee of the two organizations should be formed.
"The Committee concurs in thinking the appointment of such a sub-committee desirable, and if it is approved by the Council it would nominate as its representatives Mr. J. Campbell and Dr. Anselmino.
"With a view of avoiding expense, the Committee thinks that, as far as possible, such meetings of the sub-committee as may be necessary should take place at the same time as the meetings of the Advisory Committee. Much of the work of the sub-committee could no doubt be conducted by correspondence."
This report was approved by the Council on September 2, 1922.
In the meantime, on May 26, 1922, what is known as the "Narcotic Drugs Import and Export Act." was approved by the President of the United States.27 This act was promulgated as an evidence of the intent of the United States to carry out the provisions of the Hague Convention. It provides for the creation of a Federal Narcotics Control Board to regulate the importation and exportation of narcotic drugs. The law also prohibits exportation of the drug to any country except those countries which are parties to The Hague Convention and have instituted a satisfactory system of permits for the control of imports.
In discussing this bill before the House of Representatives, Mr. Hadley stated: 28
"Mr. Chairman, this legislation contemplates the further amendment of the existing narcotic laws in three principal respects. There are many incidental points, but the three grand divisions, so to speak, under which the provisions of this bill would classify are, first, the provision for further restraint upon the importation of narcotic drugs as defined in the bill ; second, upon their exportation; and third, with respect to the in-transit shipments.
"In 1909 Congress passed an act prohibiting the importation of smoking opium but permitting the importation of other classes of opium and their preparations and derivatives for medicinal purposes only and providing penalties, but made no restriction upon the exportation of these commodities. In 1912 the international opium convention was held at The Hague, in which we assumed certain obligations with respect to the opium traffic.
"That convention having been ratified by this Government in 1913, it was followed in 1914 by further legislation on the part of Congress, putting limitations upon imports and exports and perpetuating in effect the importation provision of the law of 1909. But the restrictions placed on the exports, if intended to bring the Government fully within the terms of the international opium convention, failed in some important particulars. To remedy that failure is one of the main purposes of the bill."
"Under the existing narcotic laws prepared opium may be imported into this country. The proposal now is to limit the importation to crude opium and coca leaves from which cocaine is derived. This country manufactures all and more than it requires of narcotic drugs for domestic medical and legitimate uses, and it is thought desirable on the part of the committee, in view of the character of the commodities and the well-known illicit traffic in the business and the deleterious effects, that we restrict the importation as to crude material in furtherance of our obligation to keep the traffic within the legitimate uses, the medical use in particular. That is one of the outstanding features of the bill.
"The exports and imports of narcotic drugs are governed by the act of 1909 as amended by the act of January 17, 1914. The exportation may be made under the present law to any country which regulates the entry of narcotic drugs under such regulations as are prescribed by such country, however ineffectual the regulations or the administration of the regulations may be in that country. In fact, the testimony in the hearings held on the subject in the Sixty-sixth Congress tended to disclose an alarming state of facts as to the diversion of exports from this country into China, and the subsequent return of many exports into our own country."
"One of the articles of the convention required, in substance, without reading it in detail, that the contracting powers shall enact laws and regulations in such a way as to limit the sale and use of morphine, cocaine, and their respective salts to medical and legitimate uses only, unless they have existing laws already so providing. And that they shall also cooperate among themselves in order to prevent the use of these drugs for any purpose other than a legitimate purpose. Another provision is to the effect that the contracting powers shall use their best efforts to control or cause to be controlled all those who import or export morphine, cocaine, or their respective salts. Another, that they shall proceed to the end that those who manufacture, import, sell, distribute, and export morphine, cocaine, and their respective salts shall be provided with authorization of licenses to carry on these operations or shall make an efficient declaration thereof to the competent authorities. Another provision in article 12 is to the effect that the powers shall use their best efforts to limit the importation of morphine, cocaine, and their respective salts to authorized persons. Further in article 13, to the effect that they shall use their best efforts to adopt or cause to be adopted measures to the end that the exportation of cocaine, morphine, and their respective salts from their countries to the countries of the other contracting powers shall be to those who have received authorizations or permits granted in conformity with the laws or regulations of the importing country.
"These provisions have not been adequately met by the terms of existing laws. The bill provides in the committee amendment that in the exportation to countries which are parties to the international opium treaty there shall more appear than the mere fact of having become parties to that convention; there shall be" more appear than the mere fact that the country has also adopted regulations with respect to the exportation. First, it shall further appear that such country has instituted and maintains in conformity with the convention a system which the board deems adequate of permits or licenses for the control of imports of such narcotic drugs. In the second place, it shall further appear that the narcotic drug is consigned to an authorized permittee, and third, that there must be furnished to the board proof deemed adequate by it that the narcotic drug is to be applied exclusively to medical and legitimate uses within the country to which it is exported, that it will not be re-exported from such country, and that there is an actual shortage of and a demand for the narcotic drug for medical and legitimate uses within such country.
"Those provisions will carry out the spirit and purpose and terms of the obligations assumed in these respects under the international opium convention, but until some such legislation is enacted we are in the position of having assumed these obligations and pf not having fulfilled them, and, on the contrary, of having permitted exportation in violation of the spirit of the convention; although in fairness to the present situation it should be said that while some six years elapsed after the ratification of that convention before regulations contemplated by the law of 1914 were approved and put in force by the executive departments charged with that duty, the war intervened, and after the war on the 1st day of May, 1920, such regulations were promulgated and given effect. Since then the difficulties which were complained of upon the hearings when the bill was introduced in the preceding Congress and the conditions which existed at that time have been very much minimized, and the regulations have had a very salutary effect.
"But it is the view of the committee that a matter of this gravity, involving the obligation of this Government deliberately assumed, should not rest upon administrative regulation alone but that the policy to be enforced should be given a firmer legal basis and be expressly incorporated in the law of the land. A third purpose to which I briefly alluded is to regulate in-transit shipment and transshipments. In the present law there is a provision which prohibits the transshipments and in-transit shipments of smoking opium. It does not extend to the other drugs which we define in this bill. The drugs covered in the bill under the terms of the definition are opium, coca leaves, cocaine, or any salt, derivative, or preparation of opium, coca leaves, or cocaine, so when the words 'narcotic drugs' appear in the bill that is what they embrace. Under the terms of this amendment the in-transit provisions of the present law are extended so as to include all these narcotic drugs but making in-transit shipments of narcotic drugs other than smoking opium subject to the approval of the board. Great Britain has recently enacted regulatory provisions, among others governing in-transit shipments and shipments from a foreign country can not be made through Canada or by Canadian roads or by British vessels. We are in the unenviable position of leaving our ports open to the unregulated transshipment through our country of commodities marked pharmaceutical in character, thus making us in a measure parties to the illicit use of so much of these transshipped commodities as may find their way illicitly into other countries than the port of destination."
Returning to the work of the League, after due consideration of the Report of the Advisory Committee, on recommendation of its Fifth Committee, the Third Assembly passed the following resolutions 3° on September 19, 1922:
"I. The Assembly, being convinced that the most practical means of exercising control over the traffic in dangerous drugs is by means of the import and export certificate system, and believing that only international action can make this system a success, urges on all Governments the vital necessity of adopting this import and export certificate system without delay.
"II. The Assembly inclines to the view that the Governments which are Parties to the International Opium Convention should be asked to agree not to issue licenses for the import of opium, or the other drugs to which the Convention applies, from any country which has not yet ratified and put into force the Convention, and adopted the system for the control of exports and imports approved by the Second Assembly in Paragraph I (3) of the resolution adopted on September 30th, 1921, and previously approved by the Council on June 28, 1921.
"The Assembly considers this question important and urgent, but, recognizing the complicated and technical character of the issues involved, it is of opinion that the matter should be examined in detail by the Advisory Committee on Traffic in Opium before any definite action is taken. It therefore requests the Council to convene a meeting of the Advisory Committee as soon as possible to study the question, and should that Committee report in favour of the proposal, the Council is asked to act at the earliest possible date on the recommendations of the Advisory Committee in the form approved by the Council, and without further reference to the Assembly if the Council considers such reference unnecessary.
"III. The Assembly, being of the opinion that the first step necessary in limiting the world's supply of dangerous drugs to legitimate uses is a knowledge of the amount of drugs required by each country for internal consumption, urges the Governments to supply the returns asked for with the least possible delay and with the greatest accuracy in their power. The various Governments should, with a view to allowing comparison to be made, state clearly the system adopted in arriving at the estimate, and should supply a secondary statement showing the estimated consumption per 100,000 inhabitants.
"IV. The Assembly again desires to emphasize the view expressed in the report of the Advisory Committee (A. 15. 1922. XI) that, so long as the drugs to which Part III, particularly Article 9, of the International Opium Convention applies, are produced in quantities exceeding the legitimate requirements, there is a great danger that the surplus will find its way into illegitimate channels, and that the control of production, so as to limit it to the amount required for medical and legitimate purposes, is the most effective method of putting a stop to the illicit traffic. It recommends that the enquiry now proceeding into the world's legitimate requirements should be pressed forward as rapidly as possible, and expresses the hope that a provisional estimate and scheme will be submitted to the Assembly next year.
"V. The Assembly.
"Convinced of the urgent necessity of securing the fullest possible cooperation in the work of the Advisory Committee on Traffic in Opium and other dangerous drugs;
"Considering the fact that the United States of America is one of the most important manufacturing and importing countries:
"Recommends to the Council of the League that it should address a pressing invitation to the Government of the United States to nominate a member to serve on the Committee."
The Advisory Committee was specially summoned by the Council to consider one of the resolutions adopted by the Assembly at its meeting in September, 1922. This meeting, the fourth session of the Committee, was held January 8 to 14, 1923. The resolution to be considered reads as follows:
"The Assembly inclines to the view that the Governments which are Parties to the International Opium Convention should be asked to agree not to issue licenses for the import of opium, or the other drugs to which the Convention applies from any country which has not yet ratified and put into force the Convention, and adopted the system for the control of exports and imports approved by the Second Assembly in paragraph 1 (3) of the resolution adopted September 30th, 1921, and previously approved by the Council on June 28th, 1921. The Assembly considers this question important and urgent, but, recognizing the complicated and technical character of the issues involved, it is of opinion that the matter should be examined in detail by the Advisory Committee on Traffic in Opium, before any definite action is taken. It therefore requests the Council to convene a meeting of the Advisory Committee, as soon as possible, to study the question, and should that Committee report in favour of the proposal, the Council is asked to act at the earliest possible date on the recommendation of the Advisory Committee in the form approved by the Council, and without further reference to the Assembly if the Council considers such reference unnecessary."
The following recommendations were adopted by the Committee: 31
"(1) That a final decision in regard to the suggestion contained in the second resolution adopted by the Assembly of September 1922 for dealing with the situation created by the abstention of certain countries from putting into force the International Opium Convention and the import certificate system, be postponed until the next session of the Opium Committee. At this session the Committee will consider any other suggestions for dealing with the situation that may be submitted.
"(2) That the Council be asked, in the meantime, to take all possible steps with the Governments of the States in question to secure their adhesion to the Convention and acceptance of the import certificate system. Special enquiries would be desirable in regard to the abstention of the South and Central American States.
"(3) That the Council be asked to urge the Governments which have not yet furnished their report and statistics for 1921 to send them immediately, so that they may be available for the Committee at their next meeting, and that the Governments should also be asked to furnish, if possible, preliminary statistics for 1922.
"(4) That, in the case of preparations of the drugs mentioned in Article 14 of the Convention, a limit shall be fixed below which, for the purposes of the statistical returns, imports and exports might be disregarded if desired, and that for the preparations of each of the drugs morphine, heroin, and cocaine, the limit shall be 3 kilos. This resolution does not apply to the pure drugs and their salts.
"(5) That the Committee concurs in the proposals of the Joint Sub-Committee of the Health and Opium Committees as to the methods to be adopted for determining the world's legitimate requirements of the drugs.
"(6) That the observations of the Governments on the list of drugs not included in the Convention submitted by the French Government be referred to the Joint Sub-Committee for consideration and report.
"(7) That the Committee concurs in the proposals of the Sub-Committee of the Transit Committee as to the control of the traffic in the drugs at 'free ports.'
"(8) That the Governments be asked to extend the arrangement for the mutual exchange of information in regard to seizures to include information in regard to the proceedings and movements of persons who are known to the authorities to be engaged in carrying on an illicit international traffic in the drugs."
The following is the report of the Mixed Sub-Committee of the
Health Committee and of the Advisory Committee on the Traffic in
Opium referred to in the above resolution which met on January 5th
to 6th, 1923.32
"At its first meeting the Mixed Sub-Committee appointed Dr. Anselmino as Rapporteur and requested him in the first place to submit a reply on the questions placed on the agenda:
"1. An examination, in the light of previous enquiries conducted by the Health Committee, of the figures furnished in reply to a circular letter sent to all the States signatory to the Convention and to other States Members of the League of Nations, asking them to state the total quantity of opium and of its derivatives considered necessary each year for the needs of home consumption;
"2. Investigations, with a view to evolving a satisfactory method of determining the quantities of opium, derivatives of opium and other noxious drugs required each year for the needs of the home consumption of the various countries.
"In order to deal with this subject in all its aspects, the Rapporteur again entered into a systematic investigation of the campaign against narcotics. He formulated five questions of principle and endeavored to reply to them.
"1. What is the aim of the work undertaken by the League of Nations?
"2. What constitutes an abuse?
"3. How do abuses occur?
"4. How can these abuses be ascertained?
"5. How can abuses be prevented?
"1. The aim of the work of the League is to limit and finally to prevent the abuse of opium, of morphine, of diacetyl-morphine and of cocaine.
"2. What constitutes an abuse?
"After a detailed discussion, and in view of the fact that the Sub-Committee was instructed to draw up its report solely from the health and medical point of view, it was decided that medical use should be considered the only legitimate use and that all non-medical use should be recognized as an abuse, and also that, in the opinion of doctors, the use of opium as a stimulant could not be considered legitimate even in tropical countries.
"3. How do abuses occur?
"In Europe and in countries whose customs are similar to those of Europe, the abuse of drugs occurs chiefly as a consequence of their employment for medical purposes. Doctors should be made to see that morphine must only be employed in cases of absolute necessity. In all cases where it is desired to influence the respiratory system or to provide remedies for coughing, morphine should invariably be replaced by codeine or dionine.
"In no case should an attempt be made to cure morphino-mania by the use of cocaine. Morphino-mania is scarcely ever the result of inducement. On the other hand, cocaino-mania is nearly always intensified by this means. While the morphino-maniac conceals his practice of the vice, the cocaino-maniac will only inhale cocaine in company with others. If he has no companions, he endeavours to find them and induces individuals who are not yet cocainomaniacs to imitate him. As a rule it is persons of weak character, youthful psychopaths, who yield to the temptation, and cocaino-maniacs may be divided into two perfectly distinct categories: those of the demi-monde and those of the proletariat. The latter is by far the most dangerous, because in this category, energies which might be of value for production are destroyed in a very short time.
"No objections were raised to the Rapporteur's reply, which, however, only dealt with conditions in Europe.
"4. How can abuses be ascertained?
"The Rapporteur began by describing the situation in Germany, and then continued:
"The figures in possession of the Health Committee with regard to the annual consumption per head of the population in Canada, Denmark, Luxemburg, Sweden and Switzerland have, as regards to the consumption of codeine, dionine and other drugs which are derivatives of morphine, been extended by introducing a figure equivalent to that relating to morphine (except in the case of Canada, which gave the figures for the consumption of codeine and dionine). This method can only give approximate results, and the figures are undoubtedly inaccurate, but as the same error appears in the returns for Denmark, Luxemburg, Sweden and Switzerland, the results thus agived at enable a comparison to be made.
"In the case of Canada, the consumption of morphine to codeine is as 1: 0.7. "In the case of the United States, the consumption of morphine to codeine is as 1: 2.
"The figures for morphine in all its forms (hydrochlorate, sulphate, nitrate) and of codeine, dionine, etc., have been reckoned as being ten times the quantity of opium. This method also is approximate and gives no exact results; for opium employed in manufacture contains more than 10 per cent of morphine; on the other hand, the whole of the morphine is not obtained in a pure state on manufacture and the amount of the codeine contained in opium should be added in the calculations.
"Hydrochlorate of morphine contains only about 75% of morphine, and sulphate of morphine still less; in the same way heroin and codeine salts should not be placed side by side as regards the amount of morphine which they contain. For the object we have in view the calculations required would prove unnecessarily difficult and at the present time would yield no useful results. In my opinion, accurate figures can be obtained if all the calculations are made using morphine as a basis.
"Moreover, the figures given for consumption give no information of the extent to which morphine and raw opium are used in patent medicines, as, for example, Pavon, Pantopon, Opon, etc. Allowing estimates of consumption in Germany, a further amount of from a fourth to a third of the requirements in pure morphine salts must also be included in the calculations, the result being that we may estimate the consumption (the figures for morphine in Sweden are particularly low compared with those for Denmark, Luxemburg and Switzerland) at 0.9 grammes or 15 grains of raw opium per head of the population per annum in all those countries of Northern and Central Europe for which we possess figures. The returns for Switzerland seem to be very high; they were probably reckoned on the basis of the Swiss population, whereas foreigners are the great consumers of these drugs in Switzerland.
"The Sub-Committee then decided as follows:
"(a) The difference between the total of the amount imported and produced and the amount exported, taking the stocks at the beginning and at the end of the year, represents the total quantity used (both legally and illegally). M. Blanco will be good enough to put into convenient form the information given in the summary of the replies to the questionnaire per head of population for each country and compare the figures thus obtained.
"The difference between the total amount used and the quantity used for medical purposes would give an approximate idea of the amount used abusively.
"(b) In what manner can the quantities necessary for medical consumption be determined?
"System I.—By accurate and regular methods of supervision, such as those carried out, for example, in the United States and Germany.
"System II (applied, e.g., in Switzerland).—By direct enquiries made in hospitals and from chemists, dispensing physicians, dentists and veterinary surgeons.
"From these enquiries the quantities consumed for medical purposes will be obtained.
"System III.—By determining the extent of the incidence of the disease in any given country, taking as a basis the statistics of insurance companies and funds which insure against the disease.
"Ascertaining, from enquiries, addressed to a limited number of general hospitals, the average consumption of narcotics per patient and per year. By multiplying the first figure by the second, the average annual legitimate consumption throughout the country is obtained.
"System IV.—By statistics obtained through the employment of import and export certificates.
"The Sub-Committee cannot see its way to propose any single method which could be employed for all countries, but is of opinion that various methods should be examined in order to obtain . the figures for the medical requirements of the different countries.
"5. How can abuses be prevented?
"In his reply, the Rapporteur only considered the European aspect of the question; he was of opinion that the Health Committee should, purely from a medical point of view, approach doctors in the different countries in order to bring them to the view that morphine should be employed only in case of absolute necessity. In all cases, for example, in which it is desired to treat the respiratory system, or in all cures employed for coughs, it is essential that codeine or dionine should be used instead of morphine. If morphine is absolutely necessary for the success of the treatment, the doctor should not prescribe a quantity larger than is absolutely necessary. He should never allow the patients to make injections themselves but should always perform this operation himself. If this is not possible, he should himself give instructions to and supervise the nurses.
"In no case should it ever be attempted to cure morphino-mania by cocaine. "In most cases harmless drugs such as novocaine may be employed instead of cocaine.
"This question does not come within the competence of the Advisory Committee on the traffic in Opium, but the Health Committee will no doubt adopt the proposal which has made."
The report of the Advisory Committee was accepted and the following resolution adopted by the Council on February 1, 1923:
"The Council approves the Report of the Advisory Committee on Traffic in Opium and other Dangerous Drugs and requests the Secretary-General to take all necessary steps in order that the recommendations of the Committee may be carried out."
On January 21, 1923, Mr. Stephen G. Porter introduced in the House of Representatives House Joint Resolution 430 "requesting the President to urge upon the governments of certain nations the immediate necessity of limiting the production of habit-forming narcotic drugs and the raw materials from which they are made to the amount actually required for strictly medicinal and scientific purposes."
After several hearings, the Committee on Foreign Affairs to which the Resolution, which had been amended and taken the form of H. J. 453, had been referred, reported it back favorably with two minor amendments on February 21st. The report states in part: 33
"Your committee has held extensive hearings on the question of habit-forming narcotic drugs and has had the benefit of reliable testimony regarding the growth and cultivation of the poppy (Papaver somniferum) from the coagulated juice of which opium and its derivatives, such as morphia, codeine, and heroin, are obtained, and of Erythroxylum coca from the leaves of which cocaine and other habit-forming narcotic and deleterious drugs are derived.
"The testimony indicates that the growth of the raw materials from which these drugs are obtained is enormously in excess of the quantity that would be required if the production of such drugs were restricted exclusively to the amount required for strictly medicinal and scientific purposes."
"It has not been possible to ascertain with accuracy the amount of habit-forming narcotic drugs that is required for proper purposes but if the principle stated in the resolution was agreed to, namely, that production shall be confined exclusively to the amount required for strictly medicinal and scientific purposes, such requirement could he determined through various sources, such as professional and commercial individuals and concerns duly authorized to dispense them, who are required by a majority of the larger nations to keep an accurate record of the quantities so dispensed, under severe penalty for infraction. The hospitals, sanitariums, penal, and other institutions would also be very helpful in assisting in determining the amount actually needed for strictly medicinal and scientific purposes.
"Statistical records and the evidence of the witnesses appearing before your committee place the consumption of habit-forming drugs for medicinal and scientific purposes to from 5 to 125 tons per year. The varying opinions of these witnesses prevent an accurate estimate of the amount actually required for these specific purposes. But assuming that the maximum quantity of 125 tons is required to fulfill these strictly proper needs, the huge production of the raw materials greatly exceeds that which would ordinarily be needed—if the growth and production were confined to providing only for medicinal and scientific purposes—and thus releases for immoral and illicit use approximately 1,350 tons per annum."
* * * * *
"This overgrowth and resultant overproduction of the opium-producing poppy and coca leaves have made possible vast quantities reaching the hands of unscrupulous traffickers, who, by reason of the smallness of bulk of these products, and the large financial gains obtained from their illicit handling, easily transport, without fear of detection, and are enabled to smuggle large quantities of morphia, codeine, heroin, cocaine and other preparations into the United States and other countries where they are disposed of to those who engage in the nefarious trade of selling them to the unfortunates who have become addicted to their use."'
"Notwithstanding that many nations have antinarcotiC laws which impose heavy penalty for violation thereof, unlawful traffic in habit-forming narcotic drugs continues. In the United States of America, although our laws are designed to suppress illicit handling of these drugs, their use by addicts is constantly growing and we are justified in the conclusion that radical and efficacious remedial action must be inaugurated and strictly enforced.
"Nor have international treaties availed in restricting traffic in these drugs, specifically the treaty resulting from the meeting of the International Opium Commission at Shanghai, China, in 1909, and the conference at The Hague in 1911 and 1912. The failure of this treaty was made possible by the fact that instead of placing limitation upon production, attempt was made to regulate the traffic in habit-forming narcotic drugs by restricting their transportation and sale. Evasion of this restriction is easily accomplished by reason of the fact that illicit traffic through surreptitious channels and sources is readily and safely engaged in, the drugs finding a waiting and eager market in practically every country where addiction to their. unlawful use has been acquired.
"It should be of interest to know that $5,000 worth of morphia, codeine, heroin, or cocaine may be safely concealed in a suit case; that in a hollow cane of average thickness a thousand dollars' worth may be 'secreted. It was stated in your committee that on a steamer crossing the Pacific some one happened to examine a particular bamboo chair and found that its hollow bamboo was filled with morphia.
"The sundry and varied manners and forms in which traffickers ply their illicit trade would prove interesting reading and be striking evidence of the ease with which the drugs are transported from country to country. Based upon this, we may justly conclude that no domestic law, to say nothing of international agreements or treaties, which, as has been stated, have already proved impotent in dealing with the question, can control this traffic. It reaches even our penitentiaries and jails; our extensive seacoast and long boundaries easily provide many points of ingress to the United States of huge quantities of these vicious drugs. The drug seller naturally seeks the most lucrative market for his abominable trade, and is assured by uncontrollable and favorable geographic conditions of easily and safely diverting to this country enormous amounts of morphia, codeine, and heroin, and similar drugs from the Orient, where the opium, from which they are made, is sold freely and without questioning as to its ultimate destination and use."
* * * * *
"It is the sense of your committee that in order to suppress the far-reaching and demoralizing use of opium and its derivatives and cocaine and similar habit-forming narcotic drugs action must be centered upon the necessary control and limiting of the growth and production of the plants from which these drugs are obtained, so that the amounts of each obtainable may be no greater than the demands for them made necessary by strictly medicinal and scientific needs.
"In the case of opium and its derivatives, restriction and limitation upon the growth and production of the opium-producing poppy may be placed upon India by the Empire of Great Britain, which exercises sovereignty over the possession; and by virtue of their own sovereign power, the Kingdom of Persia and the Empire of Turkey can impose similar restrictions and limitations upon growth and production within and exportation from their respective countries."
The resolution as finally passed by the Senate and House of Representatives follows:
"Whereas the unlawful use in the United States of America of opium (the coagulated juice of Papaver somniferum) and its derivatives (morphia, codeine, heroin), and cocaine (obtained from coca leaves—Erythroxylum coca) and other preparations made from these plants or their by-products, with attendant irreparable injury to health and morality and resultant death from continued use, is increasing and spreading; and
"Whereas the special committee of investigation of traffic in narcotic drugs appointed by the Secretary of the Treasury, in its report dated April 15, 1919, having considered the secrecy connected with the unlawful sale and use of these drugs, and the other difficulties in obtaining information which would give the exact number of addicts in the 'United States says: The committee is of the opinion that the total number of addicts in this country probably exceeds 1,000,000 at the present time', and further says that 'the range of ages of addicts was reported as 12 to 75 years. The large majority of addicts of all ages was reported as using morphine or opium or its preparations. . . . Most of the heroin addicts are comparatively young, a portion of them being boys and girls under the age of 20. This is also true of cocaine addicts', and as this report is in harmony with the opinion of many who have carefully investigated the subject; and
"Whereas the annual production of opium is approximately 1,500 tons, of which approximately 100 tons, according to the best available information, is sufficient for the world's medicinal and scientific needs, and the growth of coca leaves is likewise greatly in excess of what is required for the same needs, and thus vast quantities of each are available for the manufacture of habit-forming narcotic drugs for illicit sale and consumption; and
"Whereas opium is obtained in paying quantities from poppies cultivated in small areas of India, Persia, and Turkey, where the soil and climate are peculiarly adapted to the production of poppies containing opium rich in morphia, codeine, and other narcotic derivatives; and
"Whereas in Persia and Turkey the growth of the poppy and the production of opium therefrom, resulting in large revenues to those respective Governments, is controllable by virtue of their sovereign power to limit the exportation thereof and to restrict production to the quantity actually required for strictly medicinal and scientific purposes; and
"Whereas the British Government in India, which derives large revenues from the growth of the poppy and the production of opium therefrom, has full power to limit production to the amount actually required for strictly medicinal and scientific purposes; and
"Whereas the production of coca leaves (Erythroxylum coca) is limited to certain areas of Peru and Bolivia and the Netherlands possession of Java, and their production is controllable by virtue of the sovereign power of those Governments to limit the exportation thereof and to restrict production to the quantities actually required for strictly medicinal and scientific purposes; and
"Whereas the antinarcotic laws of a majority of the larger nations of the world provide severe penalties for dispensing habit-forming narcotic drugs without a record of the amount thereof dispensed, thus providing reliable data from which a reasonably accurate calculation can be made of the amount of these drugs needed for strictly medicinal and scientific purposes; and
"Whereas on January 23, 1912, as the result of the meeting of the International Opium Commission at Shanghai, China, in 1909, and the conference at The Hague in 1912, a treaty was made between the United States of America and other powers which was intended to suppress the illicit traffic in habit-forming narcotic drugs, and notwithstanding that upward of seven years have passed since its ratification, the treaty and the laws in pursuance thereof subsequently adopted by the contracting powers have utterly failed to suppress such illicit traffic, by reason of the fact that the treaty attempted to regulate the transportation and sale of these drugs without adequate restriction upon production, the source or root of the evil; and
"Whereas failure of such treaty and the laws adopted in pursuance thereof to provide adequate restrictions upon production has resulted in extensive and flagrant violations of the laws by reason of the fact that the great commercial value of these drugs, the large financial gains derived from handling them, and the smallness of their bulk, which renders detection in transportation and the sale exceedingly difficult, have induced and encouraged the unscrupulous to divert enormous quantities into the channels of illicit international traffic, thereby rendering partially, if not wholly, ineffective the treaty and the laws adopted in pursuance thereof; and
"Whereas in June 1921 the opium advisory committee of the council of the League of Nations adopted a resolution urging the restriction of the cultivation of the poppy and the production of opium therefrom to 'strictly medicinal and scientific' purposes, which resolution was approved by the council of the league, but when said resolution was presented for final approval to the assembly of the league, which is composed of a representative from each nation which is a member thereof, it was amended by striking out the words 'strictly medicinal and scientific' and substituting the word 'legitimate' in lieu thereof; and
"Whereas the substitution of the general word 'legitimate' for the specific words 'medicinal and scientific' permits the continuance of the sale of enormous quantities of opium and its derivatives in many sections of the Orient by the opium producers of India, Turkey, and Persia, where it is 'legitimate' to sell and transport these drugs in unrestricted quantities, regardless of their ultimate use by the purchaser; and
"Whereas the continuance of the sale and transportation of such drugs, without restriction on their use, results in the diversion of large quantities thereof into the channels of illegal international traffic and in the unlawful importation into the United States, and the sale here for unlawful purposes, of preparations made therefrom such as morphia, heroin, and cocaine; and
"Whereas the United States of America, in dealing with the traffic in habit-forming narcotic drugs within its own territory and possessions, notably in the Philippine Islands, and in cooperating sympathetically with the efforts of the Government of China in dealing with its opium problem, has always been committed, without regard to revenue, to a program for the complete suppression and prohibition of the production of and traffic in them, except for strictly medicinal and scientific purposes; Therefore be it
"Resolved, etc., that it is the imperative duty of the United States Government to safeguard its people from the persistent ravages of habit-forming narcotic drugs.
"Section 2. That the effective control of these drugs can be obtained only by limiting the production thereof to the quantity required for strictly medicinal and scientific purposes, thus eradicating the source or root of the present conditions, which are solely due to production many times greater than is necessary for such purposes.
"Section 3. That in the hope of accomplishing this end the President be, and he hereby is, requested to urge upon the Governments of Great Britain, Persia, and Turkey the immediate necessity of limiting the growth of the poppy (Papaver somniferum) and the production of opium and its derivatives exclusively to the amount actually required for strictly medicinal and scientific purposes.
"Section 4. That the President be, and he hereby is, requested to urge upon the Governments of Peru, Bolivia, and the Netherlands the immediate necessity of limiting the production of coca leaves (Erythroxylum coca) and their derivatives to the quantity exclusively required for strictly medicinal and scientific purposes.
"Section 5. That the President be, and he hereby is, requested to report to Congress on the first Monday in December, 1923, the result of his action."
In accordance with the above resolution, an official delegation consisting of Representative Stephen G. Porter, Bishop Brent, Surgeon General Blue, and Mr. Neville of the State Department as advisor, proceeded to Geneva to present its views to the Advisory Committee on Traffic in Opium of the League of Nations at the May meeting.
The Advisory Committee held its Fifth Session from May 24 to June 7, 1923, and the views of the American Delegation were presented in the form of the following proposals:
"1. If the purpose of the Hague Opium Convention is to be achieved according to its spirit and true intent, it must be recognized that the use of opium products for other than medicinal and scientific purposes is an abuse and not legitimate."
"2. In order to prevent the abuse of these drugs, it is necessary to exercise the control of the production of raw opium in such a manner that there will be no surplus available for non-medicinal and non-scientific purposes."
These proposals were examined and debated at great length by the Committee whose action on the matter was incorporated in Resolution 1 of the following resolutions passed by that body as the result of its deliberations: 34
"1. I. The Advisory Committee on Traffic in Opium accepts and recommends to the League of Nations the proposals of the United States representatives as embodying the general principles by which the Government should be guided in dealing with the question of the abuse of dangerous drugs and on which, in fact, the International Convention of 1912 is based, subject to the fact that the following reservation has been made by the representatives of the Governments of France, Germany, Great Britain, Japan, the Netherlands, Portugal and Siam:
" 'The use of prepared opium and the production, export and import of raw opium for that purpose are legitimate so long as that use is subject to and in accordance with the provisions of Chapter II of the Convention.'
"II. The Advisory Committee, appreciating the great value of the co-operation of the Government of the United States of America in the efforts which the League has for the past two years been making to deal with the question of the abuse of dangerous drugs, expresses the belief that all the Governments concerned will be desirous of co-operating with that Government in giving the fullest possible effect to the Convention.
"III. In bringing the American proposals to the notice of the Council and the Assembly, the Advisory Committee would recall that, during the two years that have elapsed since the Convention came into operation, it has worked toward the same ends by: (1) taking all possible steps to secure the adhesion of all countries to the Convention; (2) investigating the question of the world's needs of the manufactured drugs for medicinal and scientific uses with a view to the eventual limitation of the production of these drugs; (3) recommending the system of import certificates, arranging the exchange between States of information in regard to the illicit traffic in the drugs, and proposing other measures for securing international co-operation in suppressing that traffic; (4) inviting the Powers with territories in the Far East to review their requirements of opium, and submitting proposals for an investigation by the Chinese Government of the conditions in China, with a view to the more effective application of Chapter II of the Convention and the solution of the problem of the use of prepared opium in the Far East; (5) collecting and publishing information as to the measures taken to give effect to the Convention and the position generally in all countries in regard to the traffic, with a view to securing the enforcement of the Convention.
"IV. As a means of giving effect to the principles submitted by the representatives of the United States and the policy which the League, on the recommendation of the Committee has adopted, and having regard to the information now available, the Advisory Committee recommends to the Council the advisability of inviting:
"(a) The Governments of the States in which morphine, heroin or cocaine, and their respective salts are manufactured and the Governments of the States in which raw opium or the coca leaf are produced for export for the purpose of such manufacture;
"(b) The Governments having territories in which the use of prepared opium is temporarily continued under the provisions of Chapter II of the Convention and the Government of the Republic of China.
"to enter into immediate negotiations (by nominating representatives to form a committee or committees, or otherwise) to consider whether, with a view to giving the fullest possible effect to the Convention of 1912, agreements could now be reached between them:
"(a) as to a limitation of the amounts of morphine, heroin or cocain and their respective salts to be manufactured; as to a limitation of the amounts of raw opium and the coca leaf to be imported for that purpose and for other medicinal and scientific purposes; and as to a limitation of the production of raw opium and the coca leaf for export to the amount required for such medicinal and scientific purposes. The latter limitation is not to be deemed to apply to the production and export of raw opium for the purpose of smoking in those territories where that practice is temporarily continued under the provisions of Chapter II of the Convention;
"(b) as to a reduction of the amount of raw opium to be imported for the purpose of smoking in those territories where it is temporarily continued, and as to the measures which should be taken by the Government of the Republic of China to bring about a suppression of the illegal production and use of opium in China.
"Reservation by the Representative of the Government of India.
"The representative of the Government of India associates himself with the foregoing resolution, subject to the following reservation regarding paragraph I:
"The use of raw opium, according to the established practice in India,
and its production for such use are not illegitimate under the Convention'
2. "The Advisory Committee, having regard to the large amount of detailed information now available, recommends the Council to invite the Powers with Far Eastern territories where the use of opium for smoking is temporarily continued in pursuance of Chapter II of the Opium Convention, to enter into immediate negotiations, by means of calling a special conference of representatives of these Governments, or otherwise, to consider what measures could be taken to give a mare effective application to Chapter II of the Convention and to bring about a reduction of the amount of opium used, and whether, on the lines of the suggestion set out below or on other lines, an agreement or understanding could not now be reached for the adoption of a uniform policy on the matter:
"I. That the farm system, where it is still in operation, should be abolished and that the opium business should be made a Government monopoly and kept entirely in the hands of the Government.
"II. As a corollary of paragraph I, that the retail sale of prepared opium should be made only from Government shops, and that all private shops should be abolished. Persons in charge of Government shops should be paid a fixed salary without any commission on the amount of business done, and therefore would have no temptation to push the sales.
"III. That a uniform maximum limit should be fixed for the amount of prepared opium placed on sale for consumption, calculated according to the number of the adult Chinese male population, e.g., x taels per 10,000 adult Chinese males in the territory, and that the annual imports of raw opium should be limited to the amount required for that rate of consumption.
"IV. That the possibilities of the system of registration, and licensing which has already been introduced in some of the Far Eastern territories, should be thoroughly explored.
"V. That the possibility should be considered of making uniform, so far as circumstances permit :
(a) the price at which prepared opium is retailed in the different territories, and
(b) the penalties for infraction of the law in regard to the import, export, sale and use of prepared opium.
"VI. That the interested Powers, that is, the Powers having territories in the Far East where the consumption of prepared opium is still permitted, should conclude an agreement among themselves to apply the foregoing measures for the purpose of carrying out Chapter II of the Convention.
"VII. That the position should be generally reviewed periodically by the Powers interested and the question of further reducing the maximum limit fixed in the agreement should be considered.
3. "The Advisory Committee asks the Council to request the Governments to communicate their views as to the possibility of a total suppression of the manufacture of heroin or of its limitation to the minimum amount required.
4. "The Advisory Committee, being convinced of the great value of the information contained in the annual reports which each Government has been requested to transmit to the Secretariat, once more recommends the Council to urge on the Governments the importance of sending regularly to the Secretariat such reports, which should contain the fullest possible information, both with regard to the production of and the traffic in opium and other narcotics.
5. "The Advisory Committee recommends the Council to draw the attention of the Governments to the extreme desirability not only of direct communication to other immediately interested Governments of the details of any seizures made, but also of a general communication to the Secretariat of the League of Nations of all important seizures in order that the fullest international publicity may be secured by the transmission, with the consent of the Governments concerned, of this information by the Secretariat both to other Governments not immediately concerned in the specific case and to the Press.
6. "The Advisory Committee recommends that the statement prepared by the Secretariat for the Sub-Committee on Customs Statistics, together with the memorandum prepared by Sir Malcolm Delevingne on the position of bonded warehouses in regard to the traffic in narcotics, should be communicated to the Governments with a request for their observations.
7. "The Advisory Committee, considering that the infliction of severe penalties on persons engaged in the illicit traffic in narcotics is one of the best means of preventing the spread of that traffic, recommends the increase of penalties in certain countries, the adoption of the penalty of imprisonment, and, if possible, of prohibition of residence (interdiction de sejour), a very strict application of the penalties laid down, and the introduction of clauses providing for the punishment of infraction committed in foreign countries."
Due to differences in opinion among its members, the Council at its July meeting decided to transmit the report of the Advisory Committee to the Assembly without comment.
The following resolutions represent the action taken by the Fourth Assembly, September 27, 1923: 35
"Resolution 1.—The Assembly expresses its deep appreciation of the very valuable work done by the Advisory Committee on Traffic in Opium and other Dangerous Drugs, adopts its report and resolutions, taking note of the reservations contained therein, and asks the Council to take the necessary steps to put these resolutions into effect.
"Resolution 2.—The Assembly, in view of Turkey having agreed, by the Treaty of Lausanne, to adopt and to enforce the International Opium Convention of 1912, and in view of its importance as an opium-producing country, expresses the wish that the Turkish Government—on its ratification of the Convention and signature of the final Protocol of 1914—be invited to nominate a representative to serve on the Advisory Committee.
"Resolution 3.—The Assembly asks the Council to repeat its request to the Governments of Albania, Argentine, Colombia, Costa Rica, Lithuania, Paraguay, Persia and Switzerland that they should take all possible measures with a view to the prompt ratification and application of the Opium Convention.
"Resolution 4.—The Assembly, taking note with regret of the fact that a number of countries have not yet adopted the import certificate system as recommended by the Assembly in 1921 and 1922, reiterates the opinion expressed by the Assembly in 1922, that this system is the most practical method yet suggested for controlling the import and export of the drugs in accordance with the provisions of the International Opium Convention and that its success depends on its adoption by all countries engaged in importing or exporting the drugs; and in view of the serious difficulties created by the non-adoption, up to the present, of the system by several important countries, requests that the Advisory Committee may be instructed to proceed with the consideration of the suggestion contained in the second resolution adopted by the Assembly in 1922, and to report specially to the next Assembly on the whole situation.
"Resolution 5.—The Assembly approves the proposal of the Advisory Committee that the Governments concerned should be invited immediately to enter into negotiations with a view to the conclusion of an agreement as to the measures for giving effective application in the Far Eastern territories to Part II of the Convention and as to a reduction of the amount of raw opium to be imported for the purpose of smoking in these territories where it is temporarily continued, and as to the measures which should be taken by the Government of the Republic of China to bring about the suppression of the illegal production and use of opium in China, and requests the Council to invite those Governments to send representatives with plenipotentiary powers to a conference for the purpose and to report to the Council at the earliest possible date.
"Resolution 6.—The Assembly, having noted with satisfaction that, in accordance with the hope expressed in the fourth resolution adopted by the Assembly in 1922, the Advisory Committee has reported that the information now available makes it possible for the Governments concerned to examine, with a view to the conclusions of an agreement, the question of the limitation of the amounts of morphin, heroin or cocaine and their respective salts to be manufactured; of the limitation of the amounts of raw opium and the coca leaf to be imported for that purpose and for other medicinal and scientific purposes; and of the limitation of the production of raw opium and the coca leaf for export to the amount required for such medicinal and scientific purposes, requests the Council, as a means of giving effect to the principles submitted by the representatives of the United States of America, and to the policy which the League, on the recommendation of the Advisory Committee, has adopted, to invite the Governments concerned to send representatives with plenipotentiary powers to a conference for this purpose, to be held, if possible, immediately after the conference mentioned in Resolution 5."
The following extracts taken from the minutes of this meeting are also of interest:
"The Assembly also suggests, for the consideration of the Council, the advisability of enlarging this conference so as to include within its scope all countries which are members of the League or Parties to the Convention of 1912, with a view to securing their adhesion to the principles that may be embodied in any agreement reached.
"M. Chao-Hsin Chu (China) pointed out that among the large producing countries only India had ratified the Convention of 1912, India had reduced the cultivation of the poppy, thereby losing about one-fifteenth of her revenue.
This work had been carried out by Lord Hardinge, in accordance with the AngloChinese Treaty concluded through the good offices of Sir John Jordan.
"It was very necessary for all countries to come together and discuss how to control the production of opium for the use of the whole world.
"There was also the question of the manufacture of drugs, which under Article 9 of the Opium Convention should be limited to the amount required for legitimate use, i.e., medicinal and scientific use. This also was a subject for an international conference. The Manufacture of dangerous drugs had increased during the ten years since the Opium Convention was concluded, and no Government should permit this excessive manufacture to continue. China had suffered more severely from the abuse of morphine than from the smoking of opium under the old regime.
"Opium-smoking was still legal in most Far Eastern colonies where Government monopolies for the sale of opium still existed, though under the Opium Convention such monopolies were only to be continued temporarily. Consumption of prepared opium in these territories had either increased or remained constant. Governments should impose any kind of taxation rather than resort to an opium monopoly.
"Rumours recently circulated in the Press to the effect that China was about to establish an opium monopoly were entirely false.
"Dame Edith Lyttelton (British Empire) said that .the British Government strongly approved of the two conferences which had been arranged, and hoped they would take place as soon as possible. Complete co-operation between all the countries of the world would be necessary to suppress the trade in dangerous drugs and to suppress opium-smoking.
"In Great Britain the amount of drugs manufactured had been halved between the years 1920 and 1922, and one large firm which manufactured morphine had been deprived of its license.
"All countries should ratify the Opium Convention and insist upon import and export certificates.
"M. Francois (Netherlands) congratulated the Advisory Committee on the Traffic in Opium on its work, and in reply to its critics pointed out that the Opium Convention had only been concluded two years before the war.
"Countries should be distinguished according as the abuse of opium was of recent or of ancient date, and endeavor should be made to introduce progressively a uniform policy.
"The Dutch delegation approved the convening of a second Conference with the object of limiting the manufacture of dangerous drugs and the importation of raw opium to the quantities necessary for legitimate use. It was to be regretted that the Fifth Committee was presenting resolutions which were not quite in conformity with those of the Advisory Committee, and that it was proposed to extend to all the countries of the world, and not merely to the interested countries, the invitation to the Second Conference. It was to be hoped that the Council would not proceed upon these lines. The Dutch delegation also hoped that the question of the consumption of opium for eating purposes would not be raised, and that those participating in the Conferences should be allowed time to arrive at an understanding with their authorities in territories overseas.
"The City of The Hague would be very happy to serve as the seat of the next Conference if the City of Geneva were not preferred for financial reasons.
"The establishment of statistics was a very costly operation and the Netherlands delegation recommended the League of Nations to take into account the difficulties with which a large number of States had to contend.
"The Maharajah Jam Saheb of Nawanager (India) after congratulating the Advisory Committee on the Traffic in Opium upon its work, said that the Indian Government would continue to collaborate with the League of Nations in the campaign against the abuse of opium, but India could not consider as illegitimate the use of opium as a family drug. Opium in India was subject to a State monopoly, and its export was controlled by the Government.
"He had been asked by his colleague, M. Imam, to state that, contrary to general belief, the consumption of opium in India did not exceed the legitimate needs of the country, as the whole world might judge for itself.
"Prince Arfa-Ed-Dowleh (Persia) said that his country was happy to note that, thanks to the presence of the American delegates, the opium question had entered upon a practical stage. The peasants of the East would have to substitute some other form of profitable cultivation for the cultivation of the poppy. For this reason Persia had supported the American proposal for the convening of an economic conference.
"M. Reynold (France) asked whether it was better to eat opium than to smoke it. He recognized that there were in India habits and customs which must be taken into account. The French delegation, however, considered that the opium question must be studied in the broadest and most complete manner possible and that no method of consumption should be allowed to escape the control which was deemed to be indispensable.
"The collaboration of the United States in this field was very valuable as the United States gave appreciable help and showed that it took an interest in the work of the League of Nations."
At its meeting of December 13, 1923, the Council passed the following resolutions: 36
"1. The Council notes the adoption by the Assembly of the report" and resolutions of the Advisory Committee on Traffic in Opium and other Dangerous Drugs and the resolutions of the fourth Assembly. It instructs the Secretary-General to take all the action required by these resolutions and decides that the first conference, consisting of countries having possessions where the smoking of opium is continued, should be convoked at Geneva on the first Monday in November, 1924, and the second conference at Geneva on the third Monday in November, 1924.
"`2. The Council is convinced that the extension of the second conference to include all countries which are Members of the League or parties to the Convention of 1912 would result in a correspondingly wider acceptance of the principles embodied in any agreement reached. It therefore instructs the Secretary-General to invite to this conference all Members of the League or parties to the Convention of 1912.
" '3. The Council instructs the Secretary-General to communicate with the Chairman of the Advisory Committee on Traffic in Opium with a view to calling an extraordinary meeting of the Advisory Committee on January 28th, 1924, for the purpose of nominating without delay .a preparatory committee to be charged with the preparation of a draft programme for the second or larger conference to be held at Geneva. This Committee will consist of six members, including a representative of the United States and the two European assessors.
"Should the Chairman of the Advisory Committee deem it possible to make the necessary arrangements for nominating the members of the preparatory committee by correspondence without convening the Advisory Committee, the Council authorises him to do so, provided that no undue delay will be thereby caused.
"A draft arrangement on the traffic in opium should be considered and, if necessary, approved by the Advisory Committee before being forwarded either to each interested Government or to the conference.
"1. The Council, feeling that the success of the conference depends on the cooperation of the Governments, instructs the Secretary-General to invite the Governments to make proposals for the carrying out of Assembly Resolutions 6, such proposals to be considered by the preparatory committee.
"5. The Council instructs the Secretary-General to ask the various Governments their views as to the possibility of a total suppression of the manufacture of heroin or its limitation to the minimum amount required.
"6. The Council instructs the Secretary-General to send periodical reminders to all Governments which have not sent in their annual reports.
"1. The Council, associating itself fully with the views held by the Advisory Committee upon the extreme desirability not only of direct communication to other immediately interested Governments of the details of any seizures made but also of a general communication to the Secretariat of the League of all important seizures, instructs the Secretary-General to communicate Resolution 5 of the Advisory Committee to the Governments and to request them, on behalf of the Council, to give their favorable consideration to the recommendation of the Committee.
"8. The Council instructs the Secretary-General to communicate to the Governments, with the request for their observations, the statement prepared by the Secretariat for the Sub-Committee on Customs Statistics, together with the memorandum prepared by Sir Malcolm Delevingne on the position of bonded warehouses in regard to the traffic in narcotics.
"9. The Council requests the Secretary-General to communicate Resolution 7 of the Advisory Committee, which deals with increased penalties for persons engaged in the illicit traffic in narcotics, to the Governments, requesting them to give to it their earnest consideration.
" '10. The Council, recognising the necessity for the prompt ratification and application of the Convention by such Governments as have so far not ratified it, instructs the Secretary-General to repeat its request to these Governments to take all possible steps for the prompt ratification and application of the Opium Convention.
"11. The Council is in agreement with the Assembly in taking note with regret of the fact that a number of countries have not yet adopted the Import Certificate System as recommended by the Assembly in 1921 and 1922. It reiterates the opinion expressed by the Assembly in 1922 and in 1923 that this system is the most practical method yet suggested for controlling the traffic in the drugs in accordance with the provisions of the International Opium Convention, and concurs with the view of the Assembly that its success depends on its adoption by all countries engaged in importing or exporting the drugs. In view of the serious difficulties created by the non-adoption of the system up to the present by several important countries, the Council instructs the Secretary-General to request the Advisory Committee to proceed with the consideration of the suggestion contained in the second resolution adopted by the third Assembly in 1922 and to report specially to the next Assembly on the whole situation.' "
In accordance with the resolution passed by the Council, the committee to prepare a draft program for the second Opium Conference was duly appointed. But in view of the inability of this committee to present one general plan, the Advisory Committee in its sixth session held August 4, to 14, 1924, decided "that a Sub-Committee, consisting of the members of the Preparatory Committee who were also members of the Advisory Committee and Dr. Anselmino and Mr. Campbell, should try once more to prepare a draft programme for that Conference."
The result of the work of the Advisory Committee is included in the following resolutions passed during its sixth session."
"I. The Advisory Committee decides to transmit to the Council and to the Governments summoned to the second International Conference, as a supplement to the report of the Preparatory Committee, the series of measures attached hereto (Annexes 1 and 2), which, in the opinion of the Advisory Committee, furnish a satisfactory basis for the work of the Conference and may prepare the way for a final agreement.
"II. The Advisory Committee recommends that Powers having extraterritorial rights in China should, if they have not already done so, make regulations, the breach of which shall be punishable by adequate penalties, to control the carrying on by their nationals in China of any trade in the drugs to which Chapter III of the Opium Convention applies. The Committee further recommends that copies of such regulations be communicated to the Secretariat of the League.
"III. The Advisory Committee considers that, in view of the suggested
measures of control to be submitted to the second International Conference and of the fact that the whole situation will be considered by that Conference, it would be better to postpone until next year the further consideration of the second resolution adopted by the Assembly of 1922.
"IV. With reference to the proposal of the Government of the Union of South Africa that Indian hemp (Cannabis indica or Cannabis saliva) should be treated as one of the habit-forming drugs, the Advisory Committee recommends the Council that, in the first instance, the Governments should be invited to furnish to the League information as to the production and use of, and traffic in, this substance in their territories, together with their observations on the proposal of the Government of the Union of South Africa. The Committee further recommends that the question should be considered at the annual session of the Advisory Committee to be held in 1925."
Annexes 1 and 2 above referred to in Resolution 1 are the following:
"Annex I.
Geneva, August 15th, 1924.
Measures Suggested by the Advisory Committee as a Basis for the Deliberations
of the Second Conference, November 1924.
"Part 1.
"1. That each country shall furnish an estimate of its annual import requirements for medical and scientific purposes, whether for domestic consumption, manufacture or commerce, of
(a) Raw opium.
(b) Coca leaves.
(c) Morphine, its salts, and preparations containing morphine.
(d) Heroin, its salts and preparations containing heroin.
(e) Cocaine, its salts, and preparations containing cocaine.
"2. Each Government undertakes to refuse to authorize the importation into its territory of any of the substances mentioned in Article 1 beyond the quantities specified in the estimates furnished by it in pursuance of Article 1. The foregoing provisions shall not prevent the Government of a country, in which the use of opium for smoking purposes is still temporarily permitted under Chapter 2 of the Hague Convention, from authorising the importation of raw opium, in conformity with the provisions of Chapter 2 of the Convention, until such time as the use of opium for smoking purposes shall have been definitely prohibited.
"3. A permanent Central Board, composed of experts, shall be constituted by the Council of the League on the advice of the Opium Advisory Committee.
"4. The Governments agree to send to the Central Board:
(a) Their estimates of their annual import requirements in pursuance of Article I.
(b) Within three months after the end of each quarter, statistics of their imports from each country and of their exports or re-exports to each country during that quarter and, within three months after the end of each half-year, statistics of their manufacture during that half-year, and, if possible, the stocks in the hands of wholesale dealers at the end of the half-year, of each of the substances mentioned in Article I.
(c) Within three months' after the end of each year, the total quantity of each of the substances mentioned in Article I, consumed as such in the country during the year.
"The Central Board will communicate periodically to all Governments the position as regards the exports and re-exports to each country.
"Should it appear that the imports of any of the substances mentioned in Article I already received in any country during the current year have exceeded the amounts specified in the estimate furnished by that country, the Central Board shall call the attention of the Governments specially to the fact. Each Government undertakes not to export any further consignment of the substance in question to the said country during the same year, unless a revised estimate of its requirements shall have been furnished by the country.
"5. If any country furnishes no estimate of its requirements in pursuance of Article I or furnishes an estimate which appears to the Central Board to be greatly in excess of the reasonable requirements of the country and to be likely to be used in part for the illicit traffic, the Board shall fix the amounts of the reasonable requirements of that country after taking into account its population, climatic and hygienic conditions and all other factors which appear to the Board to be relevant, as well as any other special circumstances which the said country will be at liberty to submit to the Board. The Board shall notify the amount so fixed to all Governments. Each Government agrees not to allow the export to that country of amounts which, taken in conjunction with the exports from other countries, will exceed the amounts fixed by the Board.
"6. If any Government of any country which has commercial relations, in the matter of the substances mentioned in Article I, with a country for which an amount has been fixed by the Board in pursuance of Article 5 or Article 7, paragraph XIII, considers that it is undesirable to limit exports to the latter country to the amount so fixed, it shall have the right to demand that a special conference of all the countries which have such relations with the said country shall be summoned to consider whether such limitations or any other measure should be put into force.
"Part II.
"7. The provisions of the Hague Convention of 1912 shall be amended as follows:
"(I) Article 2 shall be extended to apply to coca leaves.
"(II) The following. article (numbered 2bis) shall be added to the Convention:
" 'Each Contracting Power shall require that a separate import license must be obtained for each importation of raw opium or coca leaves. The license may allow the importation of the amount for which the license is given in one or more consignments within a period to be specified in the license.'
"(III) Article 3 shall be replaced by the following article:
"Each Contracting Power shall require that a separate export license must be obtained for each exportation of raw opium or coca leaves. The Contracting Power, before issuing such license, shall require an import certificate, issued by the Government of the importing country and certifying that the importation is approved, to be produced by the person applying for the license. The license may allow the exportation of the amounts for which the license is given in one or more consignments within a period to be specified in the license. Unless a copy of the export license accompanies the consignment, the Government issuing the export license shall send a copy to the Government of the importing country. The Government of the importing country, when the importation has been effected, shall return the export license with an endorsement to that effect to the Government of the exporting country.
"'In the case of an application to export . a consignment to any country for the purpose of being placed in a bonded warehouse in that country, the production of a special certificate from the Government of that country, certifying that it has approved the introduction of the consignment for the said purpose, may be admitted by the Government of the exporting country in place of the import certificate provided for above.'
"(IV) Article 5 shall be omitted.
"(V) The definition of cocaine in Chapter III shall be modified as follows: 'By cocaine is understood the principal alkaloid of the leaves of erythroxylon coca having the formula C.,1121,N04, whether extracted from the leaves of erythroxylon coca or produced by chemical synthesis' (Ecgonine also to be included?)
"(VI) In Article 10 the words 'The Contracting Powers shall control' shall be substituted for 'The Contracting Powers shall use their best endeavors to control or to cause to be controlled,' and the words 'The Contracting Parties shall adopt' shall be substituted for 'The Contracting Powers shall use their best endeavors to adopt or cause to be adopted.'
"The words 'or shall make to the competent authorities an official declaration that they are so engaged' shall be omitted.
"The words 'This rule shall not necessarily apply to medical prescriptions and to sale by duly authorised chemists' shall be omitted.
"(VII) Article 12 shall be replaced by the following article:
" 'Each Contracting Power shall require that a separate import license must be obtained for each importation of any of the substances to which Chapter III applies. The license may allow the importation of the amount for which the license is given in one or more consignments within a period to be specified in the license.'
"(VIII) Article 13 shall be replaced by the following article:
" 'Each Contracting Power shall require that a separate license must be obtained for each exportation of any of the substances to which
Chapter 11I applies. The Contracting Power, before issuing such licenses, shall require an import certificate, issued by the Government of the importing country and certifying that the importation is approved, to be produced by the person applying for the license.
" 'The license may allow the exportation of the amount for which the license is given in one or more consignments within a period to be specified in the license.
" 'Unless a copy of the export license accompanies the consignment, the Government issuing the export license shall send a copy to the Government of the country of importation.
"The Government of the importing country, when the importation has been effected, shall return the export license, with an endorsement to that effect, to the Government of the exporting country.
" 'In the case of an application to export a consignment to any country for the purpose of being placed in a bonded warehouse in that country, the production of a special certificate from the Government of that country certifying that it has approved the introduction of the consignment for the said purpose, may be admitted by the Government of the exporting country in place of the import certificate provided for above.'
"(IX) For the purpose of ensuring the full application and enforcement of the provisions of the Hague Convention, as amended by this agreement, in free ports and free zones, the Governments undertake to apply in free ports and free zones situated within their territories the same laws and regulations, and to exercise the same supervision and control in respect of the substance covered by the Convention, as amended by this agreement, as in other parts of their territories.
"(X) In the case of a consignment of any of the substances covered by the Convention as amended by this agreement exported from one country to another country, which passes through the territory of a third country without being removed from the ship or conveyance in which it is being conveyed except for the purpose of being transferred to another conveyance under the supervision of the authorities of the country of transit, a declaration shall be made to the authorities of the country of transit of the contents of the consignment and the country for which it is destined. If no declaration is made or a false declaration is made, the consignment shall be liable to confiscation by the authorities of the country of transit and the person making such false declaration shall be guilty of an offence.
"(XI) No transhipment of a consignment of any of the substances covered by the Convention as amended by this agreement shall be allowed unless the consignment is accompanied by an official copy of the export license, issued by the authorities of the country of export, or by an official copy of the import certificate, issued by the authorities of the importing country. It shall be made illegal for anyone in the country of transhipment to divert, or attempt to divert, the consignment to any destination other than that named in the official copy of the export license or import certificates above mentioned, without an export license from the authorities of transhipment.
"(XII) A consignment of any of the substances covered by the Convention, as amended by this agreement, which is landed in any country and placed in a bonded warehouse, shall not be allowed by the Government of that country to be withdrawn from the bonded warehouse to be sent out to another country unless an import certificate, issued by the Government of the country of destination and certifying that the importation is approved, is produced to the authorities of the former country. A special certificate shall be issued by the Government in respect of each consignment so withdrawn and shall take the place of the export license for the purpose of the preceding provisions of this agreement.
"(XIII) In the case of a country which is not a party to this agreement, the Governments undertake not to allow the export to such a country of any of the substances covered by the Convention as amended by this agreement except such amounts as may be fixed by the Central Board as being reasonably required for the medical and scientific needs of the country.
"Part III.
"The Conference makes the following recommendations:
"1. That each Government should forbid any person within its jurisdiction from procuring or assisting the commission, in any place outside its jurisdiction, of any offense against the laws in force in such place for controlling or regulating the manufacture, sale, use, export or import of any of the substances covered by the Convention as amended by this agreement, and that any person knowingly violating such prohibition shall be liable to punishment.
"2. That each Government should forbid the conveyance in any ship sailing under its flag of any consignment of the substances covered by the Convention as amended by this agreement:
"(1) Unless an export license has been issued in respect of such consignment in accordance with the provisions of the Convention so amended and the consignment is accompanied by an official copy of such license;
"(2) To any destination other than the destination mentioned in the license."
"Annex 2.
"Note-explanatory of the Proposals contained in Document 0. C. 216 (5).
"The measures suggested as a basis for discussion consist of two parts. The first part consisting of Article 1 to 6 contains a scheme the object of which is to limit the exports and imports of the drugs and of the raw materials from which they are manufactured to the amounts required for medical and scientific purposes. It has not been thought necessary at the present stage to work out the scheme in full detail, but the essential features are set out in Articles 1 to 6, and Article 7, paragraph XIII. Each country which becomes a party to the agreement will prepare at, or shortly before, the commencement of each calendar year an estimate of the amounts of each of the raw materials or of the manufactured drugs which it will require to import during the year
(a) For consumption in the country for medical and scientific purposes;
(b) For the manufacture of the drugs or of other medical preparations;
(c) For the export trade.
"Each country will undertake that it will not import more of the raw materials or of the manufactured drugs than it specifies in its estimates.
"The estimates will be sent to a Central Board established in the manner proposed in the scheme.
"The Governments will also send periodically to the Central Board statistics of their imports and exports, their manufactures, and their consumption of the raw materials and of the drugs.
"These statistics will enable the Central Board to follow the course of the International traffic, so that whenever it appears that the exports to or imports into any country have exceeded the amounts of the estimates furnished by that country, it will be in a position to notify the Government of that country, and the Governments of other countries, of that fact.
"It is intended that the scheme should be worked in as elastic a manner as possible. In the first place, it is not expected that in the early years it will be possible to give exact estimates. At first, the estimates will in many cases necessarily be approximate only, and some margin will have to be allowed for errors in estimation. As experience is gained, the estimates will become more and more precise. In the second place, the estimates furnished by a Government at the commencement of a year will not necessarily be the final estimates for the year. If the estimates should be found by the Government in the course of the year to be insufficient, it will be open to the Government to furnish revised estimates to the Central Board. Or, again, the production of the raw materials will vary from year to year according to the state of the crops. In a year of abundant crops, when prices are low, the manufacturing countries will desire to take advantage of the state of the market and lay in supplies for the future. It will, again, be open to the Governments of such countries to revise their estimates of the supplies of the raw material required during the current year, a corresponding reduction being made in the estimates of the following year.
"The experience of the Advisory Committee shows that it has to be anticipated that some countries will not become parties to the agreement, at any rate, not at first, or that they will neglect or declare themselves unable to frame any estimates of their requirements. It may be also that in some cases supplies will be demanded which are greatly in excess of the legitimate requirements of the country and which might serve to supply the illicit trade in the drugs.
"It is therefore provided (Articles 5 and 7, paragraph XIII) that in such cases the Central Board shall have the power to fix the amounts which are reasonably required for the medical and scientific needs of the country, after taking into account all proper considerations, such as population, climate, etc., and any special circumstances which the country in question may desire to submit to the Board. The amounts so fixed will be notified to all Governments by the Central Board and the Governments will undertake to limit their exports to that country so that the amounts fixed by the Board shall not be exceeded. As explained above, Governments will be informed by the Central Board when the amounts fixed have been reached.
"It has been suggested that political considerations may sometimes make it undesirable for a particular Government or Governments to limit its exports to a country in a case of this kind. To meet this difficulty, it is provided in the scheme that such a Government or Governments may ask for a special conference of the countries trading in the drugs with the country in question to consider whether the limitation should be enforced or some other measures taken.
"It will be noticed that Article 1 provides only for estimates of imports being furnished. Some countries, however, provide themselves with their requirements of the drugs from their own manufactures, and the estimates furnished in pursuance of Article 1 will, therefore, not give the total requirements of the amounts needed for medical and scientific purposes. It is desirable, however, that the total requirements should be known. If the total requirements of all countries are known, it will be possible to compare the estimates of one country with those of another and so to reach some kind of standard for countries having similar conditions. The total amount of the drugs required to be manufactured to meet the world's medical and scientific needs, and the total amount of raw materials required to be produced, will also be known, and this knowledge should help to stabilise the manufacture of and trade in the drugs.
"The second part contains a number of provisions designed to strengthen and give greater precision to the provisions of the Hague Convention, and, in particular, those which relate to the control over the exports and imports of the substances to which the Convention applies. Experience during the three years which have elapsed since the Convention came into force has shown that there are loopholes in the existing provisions by which persons engaged in illicit traffic can evade the control over the national and international trade in the materials and drugs which was the object of the Convention, and that a stricter control must be established if that object is to be secured effectively.
"It is accordingly proposed: (1) that a separate license from the Government shall be required for each consignment imported or exported; (2) that an export license shall only be issued by the Government of the exporting country on the production of a certificate from the Government of the importing country that the importation of the consignment is approved (to avoid unnecessary interference with trade, this certificate can be given on telegraphic instructions from his Government by a diplomatic or consular officer of the importing country stationed in the exporting country); (3) that a copy of the export license shall either accompany the consignment or be sent by the Government of the exporting country to the Government of the importing country, and that when the importation has been effected this copy shall be returned, with an endorsement to the effect that the importation has been effected, to the Government of the exporting country.
"The first two of these proposals are already being enforced by many Governments. The third is intended as a preventive against diversion of the consignment en route for illicit purposes.
"Provisions are also proposed to ensure that materials or drugs which are brought into free ports or free zones do not escape control and that transshipment facilities are not utilised for the purpose of diverting consignments, without authority, to a destination other than that for which the ex-port license has been issued. Special arrangements are suggested for safeguarding the `entrepOt' trade as carried on by means of bonded warehouses.
"Other proposals are that the coca leaf, which is the raw material of cocaine, shall be brought within the Convention, and that the definition of cocaine shall be extended to cover artificial cocaine produced by chemical synthesis.
"Finally, the Advisory Committee has appended two recommendations for the consideration of Governments.
"The first. of these is based on a provision in the British law which has been found extremely useful in dealing with illicit traffickers, who, while residing in one country, organise or arrange for illicit transaction in another country.
"The second is intended to meet a very serious difficulty which is caused at present by the lack of any control over the exports from certain producing countries. Large consignments of raw opium without any restriction are being exported to the Far East under false declarations of destination for the purposes of the illicit traffic, and are being smuggled into China and elsewhere. It is accordingly proposed that Governments should exercise a control over the conveyance of opium or the other materials or drugs in ships sailing under their flag."
The following resolutions passed by the Mixed Sub-Committee of the Health Committee and of the Advisory Committee on Traffic in Opium at its Second Session September 5-7, 1923, also were noted by the Advisory Committee at its meeting:
"I. For the purpose of determining the legitimate needs of the various countries as regards narcotic drugs, the Mixed Sub-Committee, after having examined the figures forwarded by the Secretariat, gives it as its opinion that the correspondence existing between these data was sufficiently close to allow of a preliminary approximate figure representing medicinal and scientific needs being fixed forthwith in regard to opium and all its derivatives, including the quantities of opium converted into codein and other products. This figure of 600 milligrammes (about 10 grains) of raw opium per head per year should, however, be considered as a maximum. In view of the variable amount of raw opium in morphine this figure has been calculated by taking a content of 10 per cent as an average. As regards cocaine, the Mixed Sub-Committee regrets that the data which it has received are not sufficient to enable it to take steps at present to find a similar figure.
"If the States should consider it necessary to undertake new enquiries as regards their respective needs, the Mixed-Sub-Committee recommends the application of a method consisting in utilizing the information furnished directly by hospitals, pharmacists and practitioners, pointing out, however, that this method will give accurate results only if the narcotics are prescribed on special forms. The Mixed Sub-Committee points out again that, in view of the large quantities of codein prescribed in certain countries, it would be well to include this alkaloid in the enquiries and, in general, all the derivatives of opium employed in therapeutics.
"II. Diacetyl-morphin (heroin) is a very dangerous drug, still more toxic than morphine and still more dangerous as regards the forming of a drug habit. Since the pharmacologists and clinical practitioners admit that heroin can be dispensed with in therapeutics, the Mixed Sub-Committee recommends that the possibility of entirely forbidding its manufacture should be considered...
"III. In the present stage of our knowledge of therapeutics, cocaine cannot always be replaced by its substitutes, but the Mixed Sub-Committee is of the opinion that its use should be limited to those branches of medicine where it is indispensable, namely, laryngology and ophthalmology, and that in particular the possibility of its prohibition in the practice of dentistry should be considered. Furthermore, the Mixed Sub-Committee is of opinion that the use of cocaine should not be left to patients. It also considers that the sale of patent medicines containing cocaine should only be permitted on a doctor's prescription.
"Finally in order to prevent contraband and illicit traffic and in order to facilitate supervision, the Mixed Sub-Committee is of opinion that the sale of cocaine should only be permitted in the form (sterilised) solutions.
"IV. At present the provisions of the Hague Convention are not applicable to preparations containing less than two-tenths per cent of morphine and less thar one-tenth per cent of heroin or cocaine.
"The Mixed Sub-Committee believes that these provisions may to a certain extent facilitate illicit traffic in narcotic drugs on account of the fact that it will always be possible to distil a pure solution of one of these narcotic drugs and to recover in this way a considerable quantity of the drug, which would thus escape all supervision. The Sub-Committee ventures to call the attention of the Advisory Committee on Opium to this fact.
"V. The French Government, in accordance with a decision of the Second Assembly of the League of Nations, has submitted to the Secretariat a list of the derivatives of morphine and of cocaine, which in its opinion have the same harmful effects as the drugs mentioned by the Hague Convention.
"The Mixed Sub-Committee, having taken note of this communication, is of opinion that the provisions of the Convention should not be applied to these products, with the exception of those derived from ecgonin, namely:
Ethylbenzoylecgonin or ethylic coca,
Propylbenzoylecogonin,
Butylbenzoylecgonin,
Cinnamylecocaine.
"Dionin and peronin are products not widely used, which have an action similar to that of codein, and which, as far as experience has shown, do not produce the condition of euphoria which leads to addiction. There is, therefore, no need to fear their abuse. Apomorphine and eupomorphine are not narcotics, but powerful emetics.
"As regards artificial cocaine, the Mixed Sub-Committee has taken note of the decision adopted by the Advisory Committee at its third session, according to which cocaine should be defined by its chemical formula and not by its origin, with the result that artificial cocaine thus comes under the provisions of the Convention.
"As regard the substitutes for cocaine mentioned in the list, they have nothing in common with cocaine except their anesthetic action, and do not produce the excitation of the central nervous system which leads to abuse. With the exception of novocain, which has made the use of cocaine for local anesthesia almost superfluous, the other products mentioned are very seldom used on account of their injurious accompanying effects on the patient.
"VI. The Mixed Sub-Committee considers it necessary that the States should forward periodically to the Secretariat of the League of Nations a list of the new derivatives of opium and of cocaine which in their opinion are liable to have the same injurious effects as the products mentioned in the Hague Convention and which should consequently be brought under its provisions.
"Finally, the Mixed Sub-Committee adopted the following decisions which are communicated to the Advisory Committee.
"VII. The Advisory Committee on the Traffic in Opium and the Health Committee having appointed a Mixed Sub-Committee entrusted with the examination of certain medical problems concerning narcotic drugs, it would be useful if this Sub-Committee should meet during the sessions of the Advisory Committee in order that the latter might be able to consult it on questions within its competence,
"Consequently, the Mixed Sub-Committee requests its Chairman to take all the necessary steps to give effect to this recommendation.
"VIII. The Mixed Sub-Committee decides to appoint Professor Knaffl-Lenz as expert on the Committee."
The Health Committee of the League of Nations, however, did not agree with the Mixed Sub-Committee and passed on February 15, 1924, the following resolution:
"The Health Committee,
Having taken note of a report on the work of the Mixed Sub-Committee on Opium and of the enquiries which it has set on foot with a view to determining the legitimate requirements of the various countries of opium and opium derivatives, it being understood that legitimate requirements are to be taken as meaning medical and scientific requirements alone:
Notes that it is impossible, with the data now available, to determine accurately any figure representing legitimate requirements;
" 'Considers that, in fact, the estimate of 600 milligrammes of raw opium per head per annum adopted by the Mixed Sub-Committee considerably exceeds the quantities necessary for those requirements;
" 'And considers that this estimate ought to be reduced to 450 milligrammes, it being understood that this figure represents a maximum and that, as it has been established solely on the basis of the estimates given by countries which have a highly developed system of medical aid, it can only be applied to countries in which similar conditions exist.
"'The Committee further considers that, since this figure is required essentially, in order to arrive at a reduction in the world production of opium and the manufacture of its derivatives, it should be regarded exclusively from this point of view and not as a guide to the legitimate consumption of any given country.' "
This committee offered, further, the following:
"Justification for the Maximum Figure of 450 Mg. of Raw Opium per head, proposed by the Health Committee at its Session held from February 11th to 21st, 1924, as being sufficient for Medicinal Requirements in Countries in which the Health Service is well Organized."
"At its session held in March, 1924, the Preparatory Committee on Opium decided to request the Health Committee to furnish more detailed information with regard to the average quantity of 450 mg. of raw opium per head, which had been proposed in the case of countries which possessed a modern health organisation, and also to indicate separately the requirements with regard to morphine and heroin. At the same time, the desire was expressed that these estimates should be drawn up upon a wider basis and that the maximum requirements in cocaine should also be given.
"During the short time at its disposal, the Health Section endeavoured to collect reports concerning the amounts used in general hospitals and by sick-benefit clubs (Krankenkassen). All the reports received up to the day upon which the Sub-Committee met, that is September 19th, have been used in drawing up the attached tables.
"The maximum quantity proposed has been arrived at on the following basis:
"1. The reports received up to the present from several European countries with regard to the estimates of their annual requirements.
"2. The amounts used by sick-benefit clubs.
"3. The amounts used in general hospitals.
"1. Table V.
"The estimates received from seventeen European States (contained in Document P. C. 0. I. [I] have been used in drawing up the table. In the case of Denmark and of Austria, it was possible to make use of more recent and more correct estimates.
"The figures relating to Switzerland have not been taken into account, the Director of the Federal Service of Public Health being of opinion that they did not represent actual requirements. The figures communicated- by Belgium and Denmark represent the actual amounts used in those countries and should not therefore be considered as estimates, as is the case with regard to the other countries; these figures, therefore, are of special importance.
"In all the tables the figures are indicated in equivalents of raw opium and basic cocaine. With regard to salts of morphine and their derivatives, an estimate of the quantity of raw opium has been obtained by taking as a basis the quantity of basic morphine which would have been necessary—theoreticallyin the preparation of the quantities of the derivatives and multiplying it by ten. The proportion of raw opium has been fixed at 10 per cent merely in view of the fact that this maximum figure is not reached in manufacture, and during the process of re-crystallisation a further loss of several units occurs. Opium used in the production of morphine shows an average proportion of 13-14 per cent of morphine. The loss occurring in manufacture would seem therefore to have been fully taken into account.
"The equivalents of raw opium obtained in this manner for morphia, heroin and codeine do not correspond to the amounts arrived at by the Opium Section (Document P. C. 0. I. Ell). The calculations made by the latter were not carried out on a uniform system. In the case of morphine and codeine, no discrimination was made between basics and salts and therefore the equivalent values indicated in the document quoted above are generally from 20 to 30 per cent too high. The average amounts calculated in the manner stated, in respect of the 16 European States with a total population of 250,000,000, as shown in Table V, give the requirements of raw opium as follows:
"For medicinal opium 113 mg. i.e. 39%
" morphine 155 " " 53.4%
" heroin 17 " " 16%
a total of 290 mg. per inhabitant.
"Requirements with regard to codeine have only been mentioned by six States, and amount to 46 mg. per head, that is 25.5 per cent of the total consumption in the said countries. In view of the fact that among these six States there are some in which the total opium requirements are considerably less," this estimate must be considered as being too low for the other countries, and should be doubled. The average figure of 380 mg. per head, including codeine, would therefore represent European requirements. This average figure is only exceeded to an appreciable extent by England and Sweden. The requirements of these two countries—codeine not included—amount to 547 mg. (England) and 608 mg. (Sweden). (In the figures furnished by England it is not quite clear whether codeine is included or not.)
"2. Tables I, II and III.
"Amount used by Sick-Benefit Clubs (Krankenkassen).—Up to the present only three reports have been received with regard to the amount used by the sick-benefit clubs, the investigations not having been concluded at Warsaw. In 1923, the .amount used by the Federal Austrian Krankenkasse, to which all the State officials belong, from office-boy to Minister, as well as the members of their families, gives a good idea of the actual requirements of the population, in view of the fact that the estimate of consumption also includes the quantities of, morphine prescribed by doctors for drug-addicts. The total quantity, including codeine, amounted in 1923 to 360 mg. of raw opium per insured person; to this quantity should be added the amount needed for scientific and veterinary requirements, which in Austria is estimated at 25 to 30 mg. per inhabitant. Although the consumption of codeine by this Krankenkasse is double the average consumption of the population, the quantity required would not, however, appear to be higher than the average estimate for the requirements of Europe.
"On the other hand, the figure relating to consumption by the Basle Krankenkasse, to which 50 per cent of the population belong, appears to be notably less, namely 230 mg. per head. Whereas the Austrian Krankenkasse uses 71.6 per cent of its raw opium in the form of codeine, that in Basle consumes only 37 per cent; therefore it requires a proportionally larger amount of morphine and heroin. Given the fact that, in order to attain an equal therapeutic effect, three to four times more codeine is required than morphine and six times more codeine than heroin, if the Basle Krankenkasse substituted the use of codeine for that of morphine and heroin, its total consumption would equal that of Austria.
"On the other hand, the quantities consumed by the three German Krankenkassen during the first half of 1923 were notably higher. Unlike the Krankenkassen of Basle and Austria, the German local and rural Krankenkassen do not include members of families. It is, therefore, merely a question of adult requirements. Under the terms of a State Law, disabled soldiers have been affiliated to Krankenkassen. That among these disabled soldiers there are a large number of drug-addicts is proved by the fact that, on the average, 0.15 g. of morphine per prescription have been ordered by the local Krankenkasse, notwithstanding the fact that the number of women members is double that of the male members.
"Industrial Krankenkassen include workmen belonging to industrial enterprises; the number of patients is high. This is proved by the number of days of hospitalisation. With regard to the rural Krankenkassen, which also include only adult members, the consumption corresponds to the average proposed of 450 mg. of raw opium.
"For the reasons given above, the consumption by these three German Krankenkassen cannot be taken as a basis for estimating the requirements of the total population.
"3. Table IV.
"With regard to the average requirements in general hospitals in Belgium, Poland, Austria, Germany and Basle, the figures total 65 mg. per day during hospital treatment. Austria and Germany alone differ from this average.
"The Austrian figures are lower. The statistics of the Gras Provincial Hospital date from the year 1922, in the course of which, for reasons of economy, the prescription of medicaments was reduced as far as possible. The amount used by the General Hospital in Vienna for the period extending from June 1st, 1922, to June 30th, 1923, works out to an average of 54 mg.
"The German figures exceed the average; they have been furnished by two hospitals in which consumption has probably been larger than in other general hospitals.
"These statistics show that the consumption of opium in countries differing climatically and racially is about equal, provided the health organisation in those countries is equally develOped.
"There is sufficient reason, therefore, for applying the average figure arrived at in respect of the 16 European States mentioned above to the other States of Europe which have not so far furnished reports.
"From the medical point of view, the subdivision of the total consumption into medicinal opium, morphine, heroin, and other derivatives, as desired by the Committee on Opium, is not of great value.
"The consumption of morphine, for instance, may very well show a decrease compensated for by an increase in the consumption of opium, in view of the fact that the different alkaloids contained in opium and offered as specialised products under the name of pantopon, pavon, omnopon, etc., containing 50 per cent of morphine, are in some cases more valuable from the therapeutic point of view than morphine. As regards the substitution of one preparation for another, the question of price is, in the first place, the determining factor. The total quantity of opium required would not change—it would be more likely to increase—if the use of codeine had to be substituted for that of morphine and heroin.
"The average consumption of cocaine in 13 states of Europe, with a total population of 222 millions, is, in round figures, 7 mg., but consumption by the Austrian and Basle Krankenkassen amounts to 3 mg. The German Krankenkassen, however, require rather more than the European average quoted above.
"In the hospitals the daily average during treatment is 32 mg.; the Austrian and German averages are the only ones which differ with regard to these figures. The notably higher consumption in Austria is explained by the fact that the Laryngological Clinic in Vienna treats a large number of out-patients, and the quantities used for the latter are included in the figure given above. The same, no doubt, holds good in the case of Germany.
"A maximum of 7 mg. per head annually of cocaine should, therefore, be fixed as representing the requirements of European States. The quantity actually necessary, however, will show great fluctuations in view of the fact that the substitution for cocaine of other preparations such as novocaine, tutokain, etc., frequently depends on the question of price.
"The averages which have been laid down for Europe, i.e., a maximum of 450 mg. for raw opium and 7 mg. for cocaine per head per year, cannot serve as a basis for fixing the total of universal requirements, since in countries in which the health organisation is not well developed the consumption is very much smaller. For this reason, the requirements in raw opium in the British Colonies (in Africa, the Seychelles, Southern and Northern Rhodesia, Sierra Leone, Swaziland, Nigeria and the Sudan), with a population of about 18 million inhabitants, do not exceed 25 mg. of raw opium and .04 of basic cocaine annually per head. For the purpose of fixing the amount of world- requirements, an average should be established for each Continent.
"(Signed) E. Knafil-Lenz."
The following resolutions were passed by the Assembly on September 20, 1924:
"1. The Assembly expresses its deep appreciation of the very valuable work done by the Advisory Committee on Traffic in Opium and other Dangerous Drugs, and adopts its report (Document A. 32. 1924. XI), together with the resolutions embodied therein.
"2. The Assembly expresses its satisfaction that the Advisory Committee has been able to work out a series of measures which, although they have not each of them received the approval of all of its members, were considered by the Committee to furnish a satisfactory basis for the work of the second of the International Conferences to be held in November 1924 and to prepare the way for a final agreement, and expresses the hope that the result of the work of the two International Conferences will lead to a solution of the great and difficult problems which each Conference, according to the resolutions of the fourth Assembly will be called upon to consider.
"3. The Assembly, taking note of the measures adopted by the Swiss Federal Council and legislative powers for ratifying and giving effect to the provisions of the Hague Convention, and bearing in mind the importance of Switzerland as a manufacturer of the drugs to which Chapter III of the Convention applies, expresses the hope that, as soon as the necessary steps have been taken to put into actual effect in Switzerland the provisions of the Convention, the Council of the League will invite the Federal Council to nominate a representative to take part in the work of the Advisory Committee.
"4. The Assembly regrets to note that the more thorough investigations which the Chinese Government in 1922 undertook to carry out with regard to the cultivation of the poppy in China have not, even in the opinion of the Chinese Government itself, yielded adequate and satisfactory reports; and views with the utmost concern the continued production of opium which is now going on in China. The Assembly records its sense of the unsatisfactory character of the official investigations which have been made and of the official reports which have been furnished to the League, and approves of the recommendation of the Advisory Committee that the aid of public opinion should be enlisted through the medium of the Far Eastern Press in an endeavour to solve this grave problem.
"5. The Assembly requests the Council to be good enough to ask the Advisory Committee on Traffic in Opium and other Dangerous Drugs whether it considers it desirable and expedient that the work undertaken by the League of Nations in connection with the traffic in opium, under Article 23 of the Covenant, should be completed by the preparation of a scheme of propaganda to acquaint the masses with the terrible consequences resulting from the use of dangerous drugs, and thereby to restrict the consumption of such drugs. Should the Advisory Committee be of opinion that it is desirable and expedient to prepare such a scheme, the Assembly requests the Council to submit the scheme to it at its next session, and to indicate what measures are required in order to carry it into effect.
"6. The Assembly, in the interest of the work of the Advisory Committee on Traffic in Opium and other Dangerous Drugs and in order to make this work more effective, expresses a wish that the Council may take the necessary steps to ensure that a member belonging to one of the Latin-American countries be appointed to this Committee."
In accordance with the resolution adopted by the Assembly of the League on September 27, 1923 and the subsequent activities, the First International Opium Conference to consider the application in the Far East of Chapter II of the Hague Convention was convened at Geneva on November 3, 1924. The Agreement, Protocol and Final Act resulting from this Conference was signed on February 11, 1925. The text of these instruments is contained in Appendix II.
The Second International Opium Conference was convoked in accordance with a resolution of the Assembly dated September 27, 1923 and met on November 17, 1924 to consider the question of the limitation of the amounts of morphin, heroin, or cocain and their respective salts to be manufactured and the limitation of the production of raw opium and coca leaves. During this conference the delegation from the United States found themselves out of sympathy in regard to certain points and finally withdrew on the basis of the following memorandum sent by Representative Stephen G. Porter, head of the delegation, to M. Zahle, president of the Second Conference:
"The League of Nations on October 18, 1923; extended an invitation to the Powers signatory to The Hague Convention, including the United States, to participate in an international conference which was called for the purpose of giving effect to the following principles, subject to reservations made by certain nations regarding smoking opium:
" '1. If the purpose of The Hague Opium Convention is to be achieved according to its spirit and true intent it must be recognized that the use of opium products for other than medical and scientific purposes is an abuse and not legitimate.
" '2. In order to prevent abuse of these products it is necessary to exercise the control of the production of raw opium in such a manner that there will be no surplus available for non-medical and non-scientific purposes.'
"The joint resolution, adopted by the Congress of the United States on May 15, 1924, authorizing our participation in the present Conference, quoted the principles referred to in the preamble and expressly stipulated `—that the representatives of the United States shall sign no agreement which does not fulfill the conditions necessary for the suppression of the narcotic drug traffic as set forth in the preamble.'
"Despite over two months of discussion and repeated adjournments, it now clearly appears that the purpose for which the conference was called cannot be accomplished. The reports of the various committees of the Conference plainly indicate that there is no likelihood under present conditions that the production of raw opium and coca leaves will be restricted to the medicinal and scientific needs of the world. In fact the nature of the reservations made show that no appreciable reduction in raw opium is to be expected.
"It was hoped that, if the nations in whose territory the use of smoking opium is temporarily permitted, would, in pursuance of the obligation undertaken under Chapter II of The Hague Convention, adopt measures restricting the importation of raw opium for the manufacture of smoking opium, or would agree to suppress the traffic within a definite period, such action would materially reduce the market for raw opium, and an extensive limitation of production would inevitably follow.
"Unfortunately, however, these nations, with the exception of Japan, are not prepared to reduce the consumption of smoking opium unless the producing nations agree to reduce production and prevent smuggling from their territories, and then only in the event of an adequate guarantee being given that the obligations undertaken by the producing nations would be effectively and promptly fulfilled. No restriction of the production of raw opium under such conditions can be expected.
"In the matter of manufactured drugs and control of transportation, an improvement over The Hague Convention is noticeable. There is, however, no likelihood of obtaining complete control of all opium and coca leaf derivatives. Irrespective of the measure of control provided for manufactured drugs, it is believed that, by reason of the very small bulk, the ease of transportation with minimum risk of detection and the large financial gains to be obtained from their illicit handling, such drugs and their derivatives can only be effectively controlled if production of raw opium and coca leaves, from which they are obtained, is strictly limited to medical and scientific purposes. This the Conference is unable to accomplish.
"In the circumstances the Delegation of the United States, in pursuance of instructions received from its Government, has no alternative under the terms of the Joint Resolution authorizing participation in the conference other than to withdraw, as it could not sign the agreement which it is proposed to conclude. We desire to make it clear that our withdrawal from the present Conference does not mean that the United States will cease its efforts through international cooperation for the suppression of the illicit traffic in opium and other dangerous drugs. The United States recognizes that the world-wide traffic in habit-forming drugs can be suppressed only by international cooperation, but believes that for the present, at least, greater strides in the control of the traffic may be hoped for if it should continue to work toward this end upon the basis of The Hague Convention of 1912. February 6, 1925."
The Conference, regretting the withdrawal of the United States delegation, proceeded with its deliberations which led to the signing of a Convention on February 19, 1925. The text of the Convention, Protocol and Final Act of the Second Opium Conference may be found in Appendix III.
Following the signing of the International Opium Convention of 1925, the Council passed the following resolutions during its session of March 9-14, 1925:
"I. The Council authorizes the Secretary-General to make the necessary communications provided for in Articles 33 and 35 of the Convention, so as to enable the competent authorities to sign or to accede to the Convention on behalf of the following countries or the necessary measures to be taken for the application of the Convention in those countries:
Afghanistan Mexico
Andorra Monaco
Ecuador Union of the Socialist Soviet
Hedjaz Republics
Iceland San Marino
Liechtenstein Soudan
"II. The Council asks the health committee of the League of Nations to consider immediately whether it would be expedient to consult the Office International d'Hygiene Publique regarding the products mentioned in Articles 8 and 10 of the International Opium Convention of 1925 in order that if so, a decision concerning preparations which cannot give rise to the drug habit and a recommendation concerning all other drugs which might come under the provisions of the Convention may be notified immediately upon the entry into force of the said convention."
The seventh session of the Advisory Committee was held in August, 1925, at which time the following resolutions were passed: 41
"I. (i) The Committee desires to call the attention of the Council and the Assembly to the prevalence of the illicit traffic in the drugs at the present time, its organised character and the large financial resources behind it, as indicated by the documents laid before the Committee and appended to its report.
"(ii) Its examination of these reports and of the action taken by various Governments as indicated in the reports leads the Committee to urge, in amplification of its previous recommendations on the subject,
"(a) That in all cases in which illicit transactions are discovered or suspected the most energetic steps should be taken by the Government to follow up every clue which may lead to the discovery of the persons engaged in the traffic.
"(b) That any information pointing to the complicity of any person or persons in another country should be immediately communicated to the Government of that country with a view to similar investigations being made. (The recommendations made by the Committee in 1922 and 1923 have, in many cases, not been acted upon by the Governments.) A report of the results of the investigations should be sent to the Government communicating the information (and to the Secretariat of the League in any case in which the communication is made through the Secretariat.)
"(c) That the particulars so communicated should be as full as possible and should include in particular, if known, a description of the packages and the marks on the packages, the names and addresses of the consigner and consignee, the names and addresses of any agents through whom the goods have passed, the place from which the goods were despatched, the date on which they were despatched, the name of the ship (or description of the route) by which they were despatched, etc., etc. Specimens of the containers and labels should also be sent.
"(iii) The Committee would also lay great stress on the importance of discovering the sources from which the supplies are obtained by the illicit traffickers and of dealing severely with firms of licensed manufacturers and dealers who are found to be knowingly supplying drugs for the illicit traffic. In the opinion of the Committee, the most effective method of dealing with such manufacturers and dealers is to deprive them of their license or authorisation to manufacture, deal in or be in possession of the drugs, and it recommends that this course should be considered by the Government in each case.
"(iv) The Committee would also draw attention to the fact that, in some of the most important cases mentioned in the documents before it, it has not been possible for the Governments to take any action for the punishment of the persons engaged, for the reason that no offence against the laws of the country had been committed, and it would point out that this fact strongly emphasises the importance of the provisions in Article 29 of the Convention adopted by the Second International Opium Conference in February 1925.
"II. The Committee desires to call the attention of the Council to the large illicit traffic in opium which is being carried on between the Persian Gulf and the Far East and it suggests:
"(a) That the Persian Government should be urged to put into force without delay an effective system of control over exports of opium from Persian ports, more particularly by the adoption of the system of export authorisations and import certificates in respect of each consignment;
"(b) That Powers whose flag is carried by ships engaged in trade with the Persian Gulf should be recommended to adopt measures to control the conveyance of opium from the Persian Gulf on such ships and to prevent its diversion into the illicit traffic;
"(c) That Powers at whose ports vessels conveying opium from the Persian Gulf call should be recommended to put in force at once the measures contained in Chapter V of the Convention concluded by the Second International Opium Conference for the control of transshipment of consignments of opium and dangerous drugs.
"III. The Committee asks the Council to represent to the States Members of the League or Parties to the Convention the importance for the work of the Committee of the annual reports relating to the traffic in opium and dangerous drugs being despatched in no case later than October 1st following . the year to Which the reports relate in the case of the Far Eastern States, or than July 1st in the case of other States.
"IV. The Committee is of the opinion that it is not desirable that any scheme of propaganda for the purpose of acquainting the general public with the consequences resulting from the abuse of dangerous drugs should be prepared or recommended by the League.
"V. The Committee, having had its attention called to the extradition treaty recently concluded between the United States and Canada in respect of offenders against the laws relating to opium and dangerous drugs and being impressed with the gravity of many of the offences against those laws, suggest to the Council that the attention of the Governments Members of the League or parties to the Convention might be called to the conclusion of this treaty, and that they might be asked to examine the question, with a view to the possible conclusion of similar treaties.
"VI. The Committee, having considered the method by which the provisions in Articles 13 and 15 of the Convention adopted by the Second International Opium Conference (that .a copy of any export authorisation or diversion certificate shall be sent to the Government of the importing country) can be best carried into effect, recommends that the copies should be sent direct by the authority which issues the certificate to the corresponding authority in the importing country, and that, on the Convention coming into operation, a list of the authorities in the different countries charged with the issue and reception of such certificates should be issued by the Council to all the signatory States.
"Alternatively, a copy might be sent, if preferred, through the consular or diplomatic officer in the importing country.
"VII. The Committee, having had its attention called to a statement in certain official statistics circulated by the Secretariat that an import of 'prepared opium' had been made from another country (an import which would be contrary to the provisions of the Hague Convention), considers that in such a case where there is prima Jacie reason for questioning the correctness of the statement, the Secretariat should, as a general rule, before circulating the document to other Governments, make enquiry, officially or unofficially, of the Government supplying it as to the correctness of the statement."
At its meeting in September, 1925, the Council adopted the following resolution:
"I. The Council of the League of Nations notes the technical qualifications which the Advisory Committee on Traffic in Opium and other Dangerous Drugs considers as essential for its assessors, and instructs the Secretary-General to request the Chairman of the Advisory Committee to draw up with his colleagues, and to submit in time for the December session of the Council, a list of names of persons qualified for appointment.
"II. The Council having noted the report submitted to it by the Advisory Committee on Traffic in Opium and other Dangerous Drugs on the work of its seventh session, decides:
"(1) To approve the report and resolutions of the Committee and to instruct the Secretary-General to take all necessary action arising therefrom; and,
"(2) To communicate the present report and resolutions to the Sixth Assem-
bly."
As a result of its consideration of the reports of the Fifth Committee, the Sixth Assembly, during its session in September, 1925, passed the following resolutions and recommendations: 42
"(a) Work of the Advisory Committee.
"I. The Assembly adopts the report of the Advisory Committee on Traffic in Opium and other Dangerous Drugs (Document A.28.1925.XI), together with the resolutions embodied therein.
"II. The Assembly urges on all States which have not already done so to ratify or to adhere to the agreements and resolutions adopted by the First and Second Opium Conferences.
"(b) Appointment of a Commission of Enquiry to Visit Certain Opium-Pro-
ducing Countries.
"I. The Assembly,
"Having considered the resolution contained in the Final Act of the Second International Opium Conference with regard to the appointment of a Commission of Enquiry to visit certain opium-producing countries:
"Recommends that such a Commission should be sent to Persia to study:
"(a) The existing situation with regard to the cultivation of the poppy;
"(b) The replacement of a proportion of this cultivation by other crops.
"II. The Commission shall consist of not more than three persons to be appointed by the Council: a person having the necessary qualifications to act as Chairman, an expert on the agricultural side of the problem to be nominated after consultation with the International Institute of Agriculture, and a person having experience of business conditions and markets in the East and knowledge of transport problems.
"III. The Assembly is of opinion that such an enquiry would require for its work the sum of 100,000 gold francs and decides that this sum be voted for the purpose."
Following the desire of the Sixth Assembly the Council during its thirty-fifth session in September, 1925, adopted the following resolution:
"I. The Council,
"Having considered the decision of the Sixth Assembly of the League of Nations relative to the question of the appointment of a Commission of Enquiry into the opium situation in Persia, requests the Secretary-General of the League of Nations to submit at the December meeting of the Council a list of persons suitable to serve as members on the Commission of Inquiry. In preparing this 1;st, the Secretary-General should act in accordance with the terms of Resolution 2 adopted by the Assembly with regard to the Commission on Inquiry.
"2. The Council requests the Secretary-General to approach the Persian Government with a view to ascertaining whether that government could see its way to furnishing a grant-in-aid of the Commission of Enquiry, to be sent to Persia to study the present conditions with regard to opium production."
At its session in March, 1926, the Council passed the following resolution:
"The Council decides to appoint on the Advisory Committee on Traffic in Opium and Other Dangerous Drugs as an assessor having knowledge of the commercial side of the question, M. Henri Brenier, and as an assessor having knowledge of the police side of the administration of the laws dealing with this subject, Mr. Arthur Woods, formerly police commissioner, New York City. These assessors should be appointed for the period of one year from April 1st, 1926, to April 1st, 1927.
"With regard to the appointment of the assessor having knowledge of conditions in the Far East, the Council accepts the suggestion put forward by the Chairman of the Committee that this appointment should be postponed in view of the fact that he is not in a position to make a definite recommendation at the moment, and that, in his view, no serious inconvenience would be caused to the Committee by leaving this post unfilled for the time being."
Further during the same session, the following resolution was adopted, "it being understood that account would be taken of the desire of the Austrian Government that its expert should be heard by the Opium Advisory Committee":
"The Council,
"Having examined the communication from the British Government concerning the admissibility of reservations to general Conventions and concerning the reservations to the Opium Convention (Second Conference) made by the Austrian Government,
"Requests the Committee of Experts for the Progressive Codification of International Law to report on the question of the admissibility of reservations to general conventions;
"And refers the question of the reservations to the Opium Convention (Second Conference) made by the Austrian Government to the Advisory Committee on Traffic in Opium for examination."
In June, 1926, the Council adopted the following resolution:
"The Council
"Accepts with thanks the generous offer made by the American Bureau of Social Hygiene to contribute up to an amount of 50,000 gold francs towards any expenditure incurred by the Commission of Enquiry over and above the total of the sum voted by the Sixth Assembly and the first grant made by the American Bureau.
"Authorizes the Secretary-General, under the terms of article 33, paragraph 2, of the Official Regulations, to advance, if necessary, sums not exceeding 50,000 gold francs for the further expenses of the Commission of Enquiry and to recover the amount from the additional contribution of the American Bureau of Social Hygiene."
At its eighth session held in Geneva from May 26 to June 8, 1926, the Advisory Committee made the following recommendations to the Council: 43
I.
"The Committee, after examining the information before it relating to the illicit traffic, points out the gravity of the present situation. Considerable seizures of the manufactured drugs and of opium continue to be made, and there is no doubt that the drugs continue to be manufactured on a scale vastly in excess of the world's medical and scientific requirements. Pending the coming into operation of the Geneva Convention of February 19th, 1925, it is extremely difficult to secure an effective control of the international traffic, and the Committee desires to urge as strongly as possible that all States should complete their ratification without delay in order that the machinery of control proiided for by the Convention may be brought into operation during the present year. It is, in particular, important to secure ratification by the States Members of the Council in view of the provisions of Articles 36 and 19.
II.
"The Committee recommends that the administrations called upon to decide on an application for export of drugs to a country not applying a system of import authorisations should endeavour to ascertain whether the application submitted to them is a legitimate one. This recommendation is made in the spirit which inspired Article 18 of the Geneva Convention of February 19th, 1925.
III.
"The Committee requests the Council to draw the attention of those States Members of the League of Nations and Parties to the Hague Convention which do not regularly send in annual reports on the traffic in opium and dangerous drugs, or whose reports are incomplete, to the great importance that the Advisory Committee attaches to the regular receipt of full reports, which are the
" Advisory Committee on Traffic in Opium and Other Dangerous Drugs. Report to the Council on the work of the eighth session of the committee. Geneva. May 26th to June 8th, 1926. only means by which the Committee can keep informed on the international traffic.
IV.
"The Committee recommends that the Governments, in their annual reports to the League, should be asked to state the total quantities of each of the drugs (including opium) seized by their authorities during the year, taking care to distinguish the seizures made by the Customs authorities from other seizures.
V.
"The Committee desires to draw the attention of the Council to the desirability of obtaining from all countries producing coca the statistics provided for in Article 22 of the Geneva Convention of February 19th, 1925, in so far as they relate to the export of this raw material and of crude cocaine.
"The Committee requests the Council to ask the Secretary-General to approach the Governments of those producing States which have not yet supplied these statistics with a view to obtaining this information.
VI.
"In view of the fact that Turkey has not yet adhered to the Hague Convention and that a control over the export of opium from Turkey in accordance with the provisions of the Convention is not, so far as the Committee is aware, being exercised by the Government of that country;
"In view also of the resolution of the Fourth Assembly of the League of Nations calling attention to the fact that the Government of Turkey has undertaken in the Treaty of Lausanne to adhere to the Convention:
"The Committee asks the Council to request the Government of Turkey to adhere to the Convention as soon as possible.
VII.
"The Committee has again examined the situation in regard to the export of opium from the Persian Gulf to the Far East: The bulk of the opium exported from the Gulf continues to be sent to the Far East under false declaration of destination and undoubtedly finds its way into the illicit traffic. The Committee notes that the recommendation made by it in paragraph (b) of resolution II of its Report for 1925, that Powers whose ships are engaged in traffic with the Persian Gulf should adopt measures to control the conveyance of opium from the Persian Gulf on such ships and to prevent its diversion into the illicit traffic, has not been carried out except by one of the States whose ships are engaged in the traffic with the Far East. The result has been that, while the measures taken by the latter Power have prevented the traffic from being carried on in the ships of that Power, the traffickers continue to carry it on on the ships of other countries. It accordingly asks the Council to make urgent representations to the Governments of the countries whose ships were engaged in the traffic during the past year to take the necessary measures for the control of the traffic. Further, the Committee recommends that the Governments of Powers having extra-territorial rights in Persia should be asked to institute a control over their nationals in Persia on the lines of the regulations already made by some Powers in order to prevent their engaging in the illicit traffic in opium.
VIII.
"The Committee desires to call special attention to the steps taken in Great Britain in regard to maritime insurance with a view to preventing the insurance of consignments of opium or drugs destined for illicit purposes, and would urge that similar steps should be taken as soon as possible in other countries whose nationals undertake the business of maritime insurance.
IX.
"The Committee draws special attention to the evidence it has received of the extensive use of the post by illicit traffickers in morphine and the other drugs with the Far East. As this is a danger to which all countries are exposed, the Committee recommends:
"(a) That the Council should bring the matter to the notice of all Governments and of the Universal Postal Union;
"(b) That notice of any seizure of drugs sent from abroad through the post should be sent immediately, with particulars of the place at which and the date on which the drugs were posted, to the authorities of the country from which the drugs were sent;
"(c) That a list of all such seizures and of the results of the investigations made should be included in the annual reports of the Governments to the League.
X.
"The Advisory Committee asks the Council to draw the attention of the Governments to the importance of direct communication between the authorities which are entrusted with the enforcement of the laws on the suppression of the illicit traffic. The Committee has already several times laid stress on this point, and the matter is dealt with in Article 3 of the Final Act of the Second Opium Conference.
"Communications of this kind might be established either by exchange between these authorities of information on administrative or police measures or by direct contact between the said authorities.
XI.
"The Advisory Committee requests the Council to instruct the Secretary-General to ask those States which have not yet communicated their legislation on opium and drugs to do so and to give notice of any new laws which may be promulgated."
The Fifth Committee of the Seventh Assembly, September, 1926, reported at follows: "
" Report of the Fifth Committee to the Assembly. Geneva. September 17, 1926.
"The Eighth Session of the Advisory Committee on Traffic in Opium and other Dangerous Drugs met from May 26th to June 8th, 1926. The report on the work of the Committee at this session (see document A20. 1926.XI) was examined by the Council during its meeting on September 2nd. The Council took note of the report and instructed the Secretary-General to take the action arising out of the resolutions contained therein.
"The enormous extent of the illicit traffic in opium and drugs continues to be the most serious difficulty confronting the Advisory Committee. Various members of the Fifth Committee underlined this fact and laid stress on the necessity for international action against this worldwide traffic. The Advisory Committee has expressed the opinion that an effective control of the international traffic will be extremely difficult until the Geneva Convention of February 19th, 1925, comes into operation. The Fifth Committee agrees with the Advisory Committee as to the importance of early ratification of this Convention and, on the proposal of the British representative, decided to recommend to the Assembly the adoption of a resolution on the subject (see resolution 2).
"The Fifth Committee also agrees with the Advisory Committee as to the importance of the furnishing by Governments of annual reports and other information regularly and without delay. It should not be forgotten that the Governments which have ratified the Hague Convention are under a formal obligation to furnish such information (Article 21).
"The Fifth Committee takes note of the opinion expressed by the Advisory Committee to the effect that the ratification of the Hague Convention by Turkey would mark an important progress.
"The delegate of Persia informed the Committee that the question of the ratification of the Hague Convention by his country would be examined when the Commission of Enquiry into the opium situation in Persia had issued its report.
"The Fifth Committee again calls attention to the increase in the illicit traffic from the Persian Gulf and expresses the hope that the various Governments concerned will take steps to remedy the situation in accordance with the recommendations of the Advisory Committee. It also calls attention to the importance of direct communication between the authorities entrusted with the enforcement of the laws with regard to the suppression of the illicit traffic.
"A suggestion was made by the representative of Greece that, when a subject of special importance to a particular country not represented on the Advisory Committee is to be considered by that Committee, the Committee should invite that country to send a representative to attend the discussion. The Fifth Committee thinks this suggestion should be communicated to the Advisory Committee, which will no doubt wish to give effect to it so far as it is practicable to do so.
"The Fifth Committee appreciates the efforts made by the Government of India towards diminishing the consumption of opium and dangerous drugs and the export of opium, and in particular the decision to extinguish totally the export of opium for other than medical and scientific purposes within a period of ten years.
"The Fifth Committee heard with great interest a statement made by the delegate for the Kingdom of the Serbs, Croats and Slovenes to the effect that his country was in a position to satisfy the legitimate needs of opium in Europe, and that, in his opinion, it would therefore be possible eventually to cease imports from the East altogether. The production of the Kingdom amounts to about 150,000 kilos a year and effective control would be very easy to institute.
"The Fifth Committee unanimously adopted the report of the Advisory Committee on Traffic in Opium, together with the resolutions contained therein. The delegate of Italy abstained from voting. The delegate of the Netherlands did not oppose the adoption of the report, but he made a reservation on behalf of his Government concerning the second resolution contained in the report of the Advisory Committee."
"The delegate of Italy made the following statement:
" 'The Italian delegation, in view of the gravity of the situation exhibited by the report presented to the Committee, considers it necessary for the improvement of the situation to adopt the following measures:
" `(1). That the Advisory Committee be composed in equitable proportions of persons acquainted with the problems of narcotics and belonging to producing and manufacturing countries on the one hand and consuming countries on the other;
"(2). That the Advisory Committee thus composed should proceed to take effective measures for a strict application of the Hague Convention;
" `(3). That the Secretariat of the League of Nations should be placed in a position to carry out the duties assigned to it by the Covenant and the resolution of December 15th, 1920.'
"The Fifth Committee proposes to the Assembly the adoption of the following resolutions:
" '1. The Assembly adopts the report of the Advisory Committee on Traffic in Opium and other Dangerous Drugs, together with the resolutions contained therein.
"2. The Assembly, impressed by the report of the Advisory Committee as to the gravity of the present situation in regard to the illicit traffic and by the resolution of the Committee that it was extremely difficult to secure an effective control of the international traffic in opium and drugs until the Geneva Convention has been brought into operation, urges on the Governments of all States Members of the League to proceed to ratify or adhere to the Geneva Convention so that, if possible, the ratifications necessary to bring that Convention into force may be deposited with the Secretariat before the end of the year.' "
The recommendations of the Fifth Committee were adopted by the Assembly on September 21, 1926.
In December, 1926, the Council passed the following resolution:
"The Council instructs the Secretary-General to invite the Italian Government to nominate a representative to sit as a member on the Advisory Committee on Traffic in Opium and Other Dangerous Drugs."
Pursuant to the recommendation of the Sixth Assembly and the action of the Council in December, 1925, the Commission of Enquiry into the Production of Opium in Persia, composed of Mr. Frederic A.0 Delano (United States of America), a former member of the Federal
Reserve Board, Chairman; Dr. Fridiano Cavara (Italy), Professor of Botany at the University of Naples, and M. Victor Cayla (France), Agricultural Engineer, visited Persia in accordance with its instructions. The conclusions and recommendations of this Commission are given below: 4°
"From the study of the evidence submitted to it and the personal investigations it has conducted, the Commission, in response to the specific lines of enquiry it was required to make, begs leave to report:
"1. That it has diligently and carefully studied the existing situation with regard to the cultivation of the poppy in Persia, and that it has endeavored, in the report now submitted, fully to present and explain that situation.
"2. That it has investigated as carefully as possible the question of the replacement of a portion of this cultivation by other crops, and in doing so has presented in the report now submitted what it believes may successfully be accomplished, given adequate time: (a) by the substitution of 'other crops'; (b) by better mr thods of cultivation, which will result in greater yields from existing crops; and (c) by the creation of industries which will make the cultivation of new crops possible.
"Finally, it has arrived at the conclusion that, while difficult of accomplishment, it is possible and practically feasible, and to the economic interest of Persia, to adopt a programme for the gradual diminution of the cultivation of the opium poppy, and, in this connection, is glad to call attention to the formal letter of the Persian Government addressed to the President of the Commission under date of Teheran, June 1st, 1926, in which it is stated categorically that the Persian Government has the intention of gradually reducing the production of opium to medical needs."
"Having arrived at the above conclusions, the Commission begs leave to submit in review its various findings in the form of a summary of what has been stated more fully in the body of the report.
"In view of the explanations made by the Persian Government, we must consider in order the various suggestions it has made and the obstacles which, in its opinion, exist. These are, first, budgetary; second, export importance and trade balance; and, third, cash yield of crop to the producer.
"Budgel.—In round figures, the national income from taxes and charges against opium amount to 2,000,000 tomans per year, which is estimated at about 20 per cent of the gross value of the crop and apprixmately 8 per cent of the total revenue to the State, against which must be charged cost of control, cost of alimentation and other less definite items. When all the factors are taken into account, the Commission believes that, viewed from the standpoint of its budget, the Government can safely undertake a reasonable programme of progressive curtailment.
"Balance of trade.—The trade balance has been considered by the Commission both from the commercial and the economic viewpoint, calling attention particularly to the recent great increase in the export of mineral oil and the method adopted by the State in dealing with this subject. The point is also made that in the last fifty years there has been an almost steady increase in the importation of manufactured articles and a diminution of production of manufactures for home consumption. The effect until recent years has been to create an unfavourable trade balance during a large portion of this period, reflected in national debt and impoverishment. The Commission believes that even if we accept the Government's method of treating the subject of oil exports, a programme of substitution, based on a development of agricultural methods, will enable the country to secure from food crops, from textiles, from sugar, and from correlative industries more than enough to balance losses in exports. As fully explained, this is a matter of time.
"Cash crop.—The investigations of the Commission indicate that the cash yield per unit from the production of poppy to the cultivator is about four times the yield from the growing of wheat. Against this apparent advantage in the case of poppy there must be considered the various items of direct and indirect cost. The Commission is convinced that with better agricultural methods the production of various crops could be increased sufficiently on the same area of ground fully to equal the loss due from restricting the production of the poppy. Of course, nobody proposes that the suppression of the poppy crop will be effected except on some gradual and perfectly practical plan. "Transport.—The great importance of transport and means of communication in the development of Persian agriculture and other industries and in opening up marketing possibilities, not • to mention its importance from a military and political standpoint, is fully exposed.
"We now come to other but allied considerations: namely, the effect which these proposals may have upon the peasant, the landowner and the merchant.
"Peasant.—The findings of the Commission indicate that the peasant is deserving of more than ordinary consideration on account of his general character and capacity for development ; that the growing of the poppy is closely associated with a work system which is degrading and that in districts where more emphasis is put upon food crops the peasants are in better condition and are decidedly more prosperous.
"Landowners.—The landowners, especially the larger landowners and those who are themselves opium merchants or associated with opium merchants, fare pretty well in the cultivation of the poppy, and yet it is strongly indicated that the cultivation and sale of the crop is attended with considerable hazard and not as uniformly profitable as generally supposed. While the immediate effect of limiting the poppy culture might be detrimental to the proprietor, it is the belief of the Commission that more intensive agricultural methods will, because they will benefit the country, benefit the landowners.
"Merchants.—The opium merchants, and particularly the larger merchants, appear to the Commission to be those whose interests are most strongly opposed to any change of the present cultivation. They may be assumed to be solidly against it.
"General economic effects of substitution.—The effects of substitution on the general economics of Persia have been fully discussed under the following headings:
"(a) Substitute Crops: Food and Other Crops.
"Persia has need in her own domestic economy for more of these crops than are now produced. The Commission believes that their cultivation should be increased and that economy will result from more intensive cultivation without increased acreage.
"(b) Industries.
"The Commission has pointed out a number of industries closely associated with various products of the land and the soil, the existence and encouragement of which should increase the national wealth. These are: the textile industry (silk, cotton and wool), the carpet industry, sugar (especially cane sugar), the dried and preserved fruits industry, the lime and cement industry and the clay products industry. Several of these industries have suffered in the past for want of a cheap fuel. The great expansion of the oil industry has opened the possibility of fuel oil as a most important item in this development.
"Preparation of a programme.—The Commission considers that, instead of attempting to reduce the cultivation of the poppy immediately, the Persian Government should make it an essential part of its programme to take definite steps looking to and preparatory for a gradual and systematic reduction, to begin three years from the promulgation of that programme. Among the most difficult of the questions involved are, naturally, those connected with the control of poppy cultivation.
"The Commission has envisaged in its report certain suggestions for registration and licensing of acreage devoted to the growing of poppy.
"The registration and licensing of, and the requirement of a surety bond from, all merchants authorised to buy and sell opium are also indicated.
"The Commission suggests that the Persian Government should consider the advisability of revising its export and excise taxes on opium with a view to reducing the wide disparity and yet securing a larger total yield.
"Lastly, the adoption of identifying marks on all opium produced and sold is also proposed.
"Recognising the difficulty due to the widely scattered nature of the cultivation and the difference of conditions that exist, the Commission believes it may also be necessary to allow one year, or perhaps even two, for carrying out experiments in different sections of the country in ordei to determine how the programme of retrenchment of acreage shall be made effective. On the face of it, it is evident that substitution can more readily be made in certain regions than in others. Where better facilities of transport exist, or in the neighbourhood of large towns, things can be done which cannot be done in less-favoured regions.
"General programme of reduction.—At the end of this preparatory period-of three years it is proposed to proceed with the following general programme:
"(a) Continue the road programme on as big a scale as budgetary expenditure will permit, including in this programme the initial development of a railway system;
"(b) Allot to the most promising irrigation project enough to undertake it and complete it in one, two or three years;
"(c) Develop the farm demonstration work heretofore undertaken, emphasising the practical rather than the theoretical side;
"(d) Adopt a system of tariffs, which shall encourage those home industries which Persia can undertake most successfully and which, by reducing imports, will help the balance of trade;
"(e) Simultaneously with the announcement of these internal undertakings, the Government shall formulate a programme for the gradual reduction of the acreage allocated to the opium poppy. With all the land so devoted properly registered, a systematic reduction can be undertaken, which can be so handled as to make the reduction first in those localities where substitute crops or industries are most possible.
"The Commission believes that, beginning with the fourth year, the Persian Government might safely undertake a reduction of 10 per cent per year in the acreage allotted, and each year thereafter a further reduction of 10 per cent of what remains. This method of reduction will operate more rapidly at the start and more gradually thereafter, as follows:
Beginning of
4th 5th 6th 7th 8th 9th 10th
year year year year year year year
Percentage at beginning 100 90 81 72.9 65.6 59 53.1
Reduction 10 9 8.1 7.3 6.6 5.9 5.3
90 81 72.9 65.6 59.0 53.1 47.8
As this method of reduction beco nes more and more gradual, the acreage at the end of the fifteenth year is reduced to 282 per cent and in the twentieth year to 16.7 per cent. Before that time, Persia will have determined her policy of substituting othr crops and industries.
"The Commission fully appreciates the importance of not curtailing a crop yielding approximately 8 per cent of Persia's tax revenues and 16 per cent in value of her gross exports without suggesting as a proposal measures which will effectively offset the curtailments proposed.
"During the first three years—the years of preparation—the Commission believes that the revenues from the various opium taxes and from a more effective control of tax collection can be increased not less than 1,000,000 tomans per year.
"It is assumed that, as the means of communication are improved and progress is made in encouraging the production of more and better cotton and the introduction of cotton-spinning and weaving machinery, there will be a corresponding reduction in the import of cotton piece-goods. While progress should be made in this direction, it is assumed that only the foundation work can be accomplished in the first three years. This programme of building up the cotton textile industry in Persia must necessarily include the placing of a protective tariff on cotton yarns and piece-goods.
"Similar plans, in so far as practical, will be employed in an effort to develop the wool and silk industries.
"Special study and consideration must be given also to sugar-beet and sugarcane, with a view to their development and the fabrication of raw sugar. While it will take all of the three years of preparation to make a substantial progress in carrying out these suggestions, it is believed that by the fourth year the production of home-grown sugar will begin to have an effect in balancing foreign trade, because sugar is now the second most important subject of import.
"There are certain other taxes on imports which may be raised to advantage, especially where a tariff for revenue may also aid in the establishment or the re-establishment of a home industry.
"It is assumed that, for a period of five years, there will be no diminution in the receipts from the various taxes and license fees on opium and that in the first three years of this period there will be the substantial increase of 1,000,000 tomans per year. A further sum of 1,000,000 tomans per year should be realisable from other sources.
"These increases in receipts it is proposed to apply to carrying out the programme suggested by the Commission.
"It is not possible to predict accurately receipts and expenses for several years in advance, and the above suggestions are therefore simply illustrative.
"Presumably, as the means of communication improve, the necessity for the present relatively high expenditure upon the army and gendarmerie can be safely diminished and the money so saved used for productive expenditure and internal improvements. The same may also be said of the very large expenditure now devoted almost yearly to the Alimentation Service.
"The Commission fully realises that the execution of so large an undertaking as here discussed necessarily involves questions of internal administration, which only the Persian Government can determine. For the foregoing reason, and for the further fact that the terms of its mandate clearly indicate that this phase of the subject is beyond its scope, these questions are not discussed."
On March 4, 1927, the Persian Delegate, M. G. Kemal Hedayat, submitted to the Secretary-General of the Council the observations of the Persian Government on the report of the Commission of Enquiry as follows: 48
"Geneva, March 4th, 1927.
"The Secretary-General:
"I have the honor to present hereunder, the observations of the Persian Government on the 'Report of the League of Nations Commission of Enquiry into the Production of Opium in Persia' and the proposals of the Government relative to the curtailment of opium production.
"The Persian Government has examined with the greatest care and attention the report of the League of Nations Commission of Enquiry into the Production of Opium in Persia, and desires to express to the Council of the League of Nations, and through it to the eminent members of the Commission, its deep appreciation of the open and fair-minded attitude with which they approached their difficult task and of the ability and energy brought to its accomplishment.
"Realising the very short time that was at the disposal of the Commission for its investigation in Persia, and appreciating their sincere effort to obtain and present the essential facts, the Persian Government is not disposed to consider the report in any spirit other than that of sympathy and co-operation. The exceptions taken have been treated in detail in the appended 'Observations' on the Report, not in any spirit of criticism or obstruction but with a view to the vital importance of the opium problem to the economic life of Persia and to the duty that devolves upon the Government, with respect to its international as well as its national obligations, to ensure that there shall be a full and clear presentation of the actual facts of the situation.
"General Considerations.
"Narcotic Control.
"In narcotic control the chief aim, it would seem, is the elimination of the illicit trade in habit-forming drugs. It is therefore necessary to call attention to the insignificant part taken by Persian opium in this traffic. The statistics compiled by the Opium Section of the League of Nations indicate that, if the entire opium production of Persia were suppressed, the effect on drug manufacture would be practically negligible, since the opium used in the manufacture of narcotic drugs is furnished almost entirely by other countries.
"Plan for Reduction.
"The plan for reduction proposed by the Commission does not appear to take into consideration the legitimate demands for opium, and no suggestion appears to have been made by the Commission with reference to the relation that the proposed reduction in Persian cultivation should bear to the reduction in other opium-producing countries, all of which have better transportation facilities, better water supply, and better access to markets for their products. If the hoped-for reduction in the manufacture of narcotic drugs and in the production of their raw material is to be attained, it would appear desirable that the reduction considered necessary should be made effective about the same time in all the producing and manufacturing countries.
"If, however, there is to be a curtailment in opium production, a start must be made, and the Persian Government proposes to submit a programme of reduction to the Majliss without attending the prior acceptance of a similar programme on the part of other producing or manufacturing countries.
"Time and Cost of Substitution.
"The Commission has envisaged the problem of substitution in its general rather than its particular aspects. For an eventual solution this is undoubtedly correct, but the opium question is one that is pressing, not only for Persia, but for the whole world. It is obvious that, given time and good will, the production of the raw material of narcotic drugs and their manufacture can be reduced everywhere to medicinal requirements. But with the rapid increase in drug addiction, time does not permit of solutions depending on the general acceptance of a moral conception and upon gradual improvements in economic conditions for their realisation. Solutions which will give prompt results are necessary, and for such solutions not general but specific measures must be proposed. Specific measures require specific supporting data as to time and cost.
"It will therefore be obvious that the time required and the cost of substitution are questions of first importance. The Commission has not found it possible to submit definite estimates as to these factors. It is, however, clear that, for each of the important crop substitutes, several years' preparatory work will be necessary to enable seed selection, demonstration and improvement in quality and for the organisation of the trade. A period of years will also be required for the provision of the additional water required, and for the road and railroad construction which is necessary.
"Finance.
"For the financing of the suggested programme of reduction, the Commission suggests that one million tomans '° per annum be realised from increased opium revenues and one million tomans from other sources. The increase in opium revenues cannot be looked upon as a certainty. There may be a loss if the acreage tax is put into effect, even if, as proposed, the export duties are increased. The Commission does not indicate the revenue sources from which the second million tomans is to be derived. Even if the Government succeeds in obtaining the desired revenue increases, it must be borne in mind that, in addition to the expenses incident to opium curtailment, there are other important and pressing demands upon the country's budget which cannot be immediately postponed.
"Action proposed by the Government.
"In view of the evident difficulty of estimating precisely in advance either the cost or the time required for the introduction of substitute crops, the provision of the necessary water and transport facilities, and the creation of new industries, it would not be possible at this time for the Government to ask the Parliament to approve an unconditional programme of reduction. The three years' preparatory interval suggested by the Commission seems to be very short in comparison with the magnitude of the task to be undertaken. The Government, however, accepts to include it in the programme to be submitted to the Majliss and hopes that it will prove adequate for the enactment of the requisite legislation and for the initiation of the constructive measures necessary to enable the realisation of the programme of opium substitution recommended by the Commission.
"In view of the necessity for a successful outcome to the proposed practical test of production curtailment, we are confident that Persia will not be expected to undertake a programme which would in practice be ineffective or which would unnecessarily discriminate against the economic interests of the country. If the economic condition and likewise the geographic and commercial situation of Persia are taken into consideration, it will be agreed that, in reducing the cultivation of opium, Persia should enjoy a lower rate of curtailment and a larger share of production than other countries for which, from other standpoints, the means of economic progress are more available than for Persia.
"Neither is it to be expected that the Persian Government and people will continue to support a programme of reduction unless Persia is accorded substantial equality of opportunity with regard to the world's trade in medicinal opium and unless Persia is enabled to put into effect the reasonable measures which are essential for fiscal and economic readjustments. Among these reasonable measures, the Commission of Enquiry has particularly noted and recommended tariff autonomy. The Persian Government is likewise convinced that the independence and freedom of the Persian Government regarding the establishment of legal Customs tariffs are essential for the protection and encouragement of Persian substitute industries and the promotion of exports. In fact, the attainment of this aim is the absolutely necessary condition of success of the Persian Government in pursuance of the policy which the League of Nations is considering for curtailment of the production of and commerce in opium. The Government is confident that there will be a generous appreciation by other Governments of this important aspect of the situation. It will, no doubt, be also taken in view that it is possible for other Governments to lend assistance by reasonable reduction of import duties and other charges and burdens which hamper Persian exports.
"Parliamentary Approval.
"It will be appreciated that any restriction of opium cultivation or export will require Parliamentary approval and that, under the Persian constitution, no international agreement can be entered into by the Persian Government except after formal ratification by the Majliss.
"In view of the foregoing considerations and after a careful study of all aspects of the situation, the Government has prepared the following programme which it will submit to the Majliss, with recommendation for its enactment into law.
"Programme for Opium Legislation.
"1. Approval of recommendation of reduction in area under poppy cultivation of 10 per cent per annum after three years on the plan proposed by the Commission of Enquiry.
"Note.—The annual reduction to continue for three years, after which time the Persian Government will reconsider its position, taking into account the effect the reduction has had on the welfare of the cultivator, the trade balance, the budget, and the general economic condition of the country, and what action has been taken by other producing and manufacturing countries to curtail the production of the raw material and the manufacture and distribution of habit-forming drugs.
"2. Acceptance of the opium import certificate system with an annual reduction, beginning not later than the third year after the present, of 10 per cent of the quantity annually permitted to leave the country without production of opium import certificates.
"Note.—Subject to the reservations indicated in the note to paragraph 1.
"3. An exemption from land taxes for a period of five years in the case of areas diverted from the cultivation of the poppy to that of substitute crops.
"4. Preference in the granting of agricultural loans to be given by the State Bank of Persia, when established, to cultivators who divert part or all of their land under opium cultivation to that of substitute crops.
"5. In agreement with the intention of the League of Nations and the recommendation made by the Commission, the Government promises to study the increase of export Customs duties on such opium as is exported without certificate, and likewise to study changing the existing taxes on opium to other taxes which will facilitate and expedite the decrease of the cultivation of and commerce in opium."
In further consideration of the subject-matter covered in the two preceding documents, Mr. Frederic A. Delano, Chairman of the Commission on Enquiry, addressed the Secretary-General as follows: 50
"Washington, D. C., April 23rd, 1927.
"To the Secretary-General:
"Your letter of March 29th in regard to the proposed action to be taken with the Report of the Commission of Enquiry into the Production of Opium in Persia is at hand. May I assume that you will permit me, in view of the recent observations offered by the representative of the Persian Government, to submit certain personal comments, even though it has not been possible for me to consult my colleagues since the receipt of the data?
"For a clearer understanding of the subject-matter of the report, a brief review of its salient features, both as to its basic facts and its findings, will be helpful. This is especially true because the report of the Commission was necessarily a composite product of three men of widely different experience, each one approaching the problem from his own point of view; and while the report as submitted was the unanimous report of the Commission, it is perhaps less clear and less readily understood than if it had been made by any one of the three Commissioners in his own way. Notwithstanding these difficulties, which are inherent to almost any report of this nature, the Chairman submits the following as his personal expression of the salient features of the report and the conclusions arrived at:
"THE FINDINGS.
"(Based, as explained by the Commission, largely on its own observations and those of previous European investigators, rather than upon statistical data which were largely non-existent.)
"1. Persia was once the centre of the then-known civilised world, and the chief trade routes to the Far East lay across it. To-day it is off the main trade routes and, at least relatively speaking, is far more inaccessible than formerly.
"2. North and North-west Persia have, under normal conditions, easy and close trade relations with Russia, Iraq (Mesopotamia), and with Turkey; while North-east Persia has close trade relations with Russian Transcaucasia, Russian Turkestan and Afghanistan; and South Persia close trade relations with Great Britain, with Iraq and with India.
"3. Owing to the lack of good means of communications either by land or sea, internal commerce is greatly restricted, and foreign commerce exists, broadly speaking, only with cities near the frontier. (The report shows that the transport charges on goods moved chiefly by caravan, reduced to our nomenclature, amount to from 18 to 35 cents per ton mile.)
"4. While it is probably true that Persia's undeveloped and undiscovered resources are large, the Persian people as a whole are poor—very poor; and this is due to economic conditions which have in the last hundred years been driving her to the wall. During a considerable part of this time, Persia's trade balance has been against her, and the deficit has been in part represented by debt, but more often in the depletion of her capital, in her case of those savings of the past in the form of rare art treasures, beautiful fabrics, tiles, miniatures, and the like, which, to a constantly increasing extent, have gone out of Persia and have found their way into the collections of Europe and America.
"5. By reason of famine, disease, civil wars, the causes of which may be traced largely to bad economic conditions, the population of the country has greatly diminished in the last fifty or sixty years, and is to-day, let us say, not in excess of one-third or one-fourth of what the country under more ideal economic conditions might support.
"6. Persia, being a country of very scanty rainfall (estimated at from two to twelve inches per year), except in the north-western region and the Caspian Littoral:
"(a) The cities and towns are located at the foothills where water from the melting snow is available;
"(b) Broadly speaking, one-third of the country is a desert, another one-third is mountainous and chiefly suitable for grazing ;
"(c) The cities are far apart, and as the means of communication are poor, each city is a small empire by itself; only feebly connected with the capital;
"(d) Agriculture is chiefly dependent on irrigation, which demands intelligent and industrious labour, but that does not permit Persia to compete in the production of raw materials with those countries having an abundant rainfall. In addition, Persia is at a disadvantage of distance and high transport costs in reaching world markets.
"7. The Caspian Littoral and the Karun Valley, lying adjacent to the Mesopotamian Plain, are to a considerable extent an exception to the above comments.
"8. There is a lack of security in Persia which accounts to a considerable extent for what is frequently termed by foreigners a lack of initiative or public spirit. For example, the Commission found no disposition to store grains (e.g., in ground silos) in abundant years to carry over to lean years. The reason given was lack of confidence in the security, the high rates of money, the want of adequate protection of private property.
"9. Land titles in the same way are indefinite and insecure. There is no such thing as a land survey, or as the registration of titles. Something approaching it exists through the Church authorities.
"10. Opium poppy is an ideal crop from several points of view, but chiefly because:
"(a) It is an autumn-sown crop which can be irrigated in the late fall and early spring when water is plentiful. It is harvested in the late spring or early summer;
"(b) It has a high value per pound and money yield per acre, say, four times that of wheat and barley, which are also fall-sown crops;
"(c) Its high value per pound (say, $6 to $8) is such that it can bear the terrifically high transport charges prevalent in that country;
"(d) Being largely exported, it helps Persia to pay for imports, but it is not by any means certain that Persia would not be better off if she did not buy so largely abroad.
"11. A number of industries for which Persia was once famous are dying out and Persia, instead of exporting only manufactured goods having high value (and so able to bear a high transport charge), is attempting to export raw material, such, for example, as wool, cotton (of inferior grade), rice, etc.
"12. The industries which are dying out and which might be restored, are the production of:
"(a) Silk, wool and cotton fabrics;
"(b) Pottery, tiles, earthernware, bricks;
"(c) Artistic metal-work;
"(d) Woodcarving, inlaying, etc.;
"(e) Painting miniatures, decorating, engrossing parchment, etc.;
"(f) Sheep, lamb and goat skins, hides, leather goods.
"13. In addition to the industries which are dying out and which may again be put upon their feet, certain other industries can be developed, for example:
"(a) Those dependent on the development of mineral oil, of which there is very evidently an abundance;
"(b) Vegetable oils from oil seed, such as rape seed, peanut oil, castor oil, soya beans, etc.;
"(c) Making and distributing dried fruits, preserves, etc.;
"(d) Making sugar, especially from sugar cane;
"(e) Plaster of Paris (gypsum), lime and cement.
"14. The Commission noted that the methods of agriculture were very primitive, but remarked that it does not follow therefrom that the farm implements and tools of Western Europe and America can be applied to Persian conditions, which are very different from those of Europe. The Commission fully appreciated the great difficulties in the way of introducing new methods of cultivation and crops.
"CONCLUSIONS OF THE COMMISSION.
"It is apparent from the above facts:
"1. That Persia is suffering seriously from wretchedly inadequate means of internal communication; that this puts a very heavy tax upon commerce within the country itself. It is often far cheaper for a city close to the frontier to purchase from foreign countries raw materials or manufactured products which are produced or might be produced in Persia. The need of improved means of communication, chiefly roads for wheeled vehicles, is clearly indicated, though there is also an argument, supported not solely on economic grounds, but also by strong political and military reasons, for building a railroad from the capital to a port on the Persian Gulf.
"2. Improved agricultural methods, adapted to intensive agriculture and horticulture, because the country is so dependent on irrigation, were urged by the Commission. Without increasing the acreage under cultivation, or the water consumed in irrigation, a greater product, or a product of greater value per acre, was believed to be possible.
"3. A careful study of the water resources with a view not only of conserving the water supply, but of securing it more efficiently and economically, was suggested. The use of artesian wells, oil pumps, and windmills, was suggested as promising.
"4. The need of cheap combustibles is great on account of the bearing that it will have on various industries, some of them ancient industries which are dying out; also because a cheap combustible such as fuel oil or coal would stay the destruction of the forests and enable the gradual reforestation of the country, which is now sadly denuded. This has had an important effect in the destruction of soil through erosion, as well as by its indirect effect on climate.
"5. A revival of the dying industries, and the protection of Persia against economic pressure of countries already highly industrialised, can only be brought about by a protective tariff. It may or may not be desirable for Persia to adopt the industrial methods of Western Europe and America (and on this point the Commission does not express an opinion), but whether or not it is desirable, the country needs protection during the period of adjustment which, even under favourable conditions, would take a considerable number of years to bring about.
"6. The production of opium exists largely by reason of the economic conditions aforesaid. The Persian Government has indicated by its own actions, and by its efforts to prevent the consumption of opium at home (it is absolutely forbidden in the Government service or in the Army), that it considers the use of opium a serious menace. The Commission came to the conclusion that it was even a more serious menace than was usually appreciated; that it was slowly but surely destroying the man-power of the country ; that it was impossible to produce opium for export and not have it also consumed in considerable quantities at home.
"RECOMMENDATIONS OF THE COMMISSION.
"In view of the basic facts and of the conclusions derived therefrom, the Commission recommended the following programme:
"1. That Persia should allow three years to put its house in order, by which was meant improving its internal economic condition, making a start on building its roads, adjusting its tariffs of import duties, improving its agricultural methods, building up its sources of revenue, before it undertook a reduction in the production of opium and the substitution of crops and industries therefor.
"2. That better and more complete methods (indicated in considerable detail) be employed for the control of opium production and distribution.
"3. Having taken these preliminary steps, it was believed that the Persian Government could safely undertake to reduce opium production by a reduction of ten per cent annually.
"GENERAL COMMENTS.
"It is important to appreciate that the Commission realised, in undertaking its mission, that its work would be futile if its recommendations did not appeal to the Persian Government and to leaders of thought in Persia as reasonable and practicable. The Commission was industrious in its efforts at working out such a solution of the problem as it believed the Persian Government might fairly be asked to undertake. The Chairman, speaking always in his individual capacity, sees nothing in the observations of the Persian representative to cause him to change his views. Doubtless the Commission has fallen into some errors of fact or conclusion, but it appears that these errors are not sufficiently important to modify the fundamental recommendations; and the Persian representative graciously accepts the programme as a modus vivendi for the coming six years, suggesting that the progress thereafter shall depend on the acts of other producing nations.
"The Commission arrived at the conclusion that the production and use of opium in Persia had an important effect in sapping the vitality of the race. Furthermore, recent development in chemical research indicates that there is a serious economic risk attendant on the production of opium from poppy because the day is certainly not far distant when it will be produced synthetically and at a cost far less than it can be produced from the poppy. When that time comes, the production of the opium poppy will exist solely for local consumption, or for export for eating and smoking. Whether the result of this will be to make more difficult or less difficult the control of narcotics is another problem which need not be considered here; but it seems reasonably certain that when the alkaloid morphine can be produced in large quantities synthetically, it will be far less profitable to produce the opium poppy. This feature of the subject was not considered by the Commission, and is mentioned here only because of recent information coining to the writer; but any well-wisher of Persia must he convinced that the best thing she can do for her own welfare is to plan for a gradual replacement of poppy culture by agriculture products, and the development of industries, even though they do not immediately yield the same cash return. Such a course is the only one that will in the long run put the country on its feet.
"In the observations of the representative of the Persian Government, most of which happily support the conclusions of the Commission, two criticisms are made which deserve especial notice.
"The first of these is a statement that the Persian opium is low in morphine content and therefore unsuitable for the making of morphine and only suitable for smoking or eating. This may be true, but if true it is contrary to the claims repeatedly made to us by Persian officials. The Commission gave, on page 39 of the text of the report and in the footnote, the basis of its statement and there seems to be no reason as yet for modifying that statement.
"Secondly, the Commission is criticised for not taking into account the relations which the reduction of poppy cultivation should bear to the reduction of its production elsewhere. This was not an oversight by the Commission, for the point was made more than once by Persian officials who appeared before the Commission. As pointed out by the Commission, then, such a suggestion would have been entirely beyond its authority.
"In closing this communication, permit me to say, my dear Mr. Secretary-General, that the observations of the Persian representative appear, on the whole, to support the report of your Commission in all essential particulars, and I therefore feel sure that my distinguished colleagues will join me in hearty thanks and appreciation for the courteous and appreciative reception of the Commission's efforts to serve not only the League of Nations but the Government of Persia."
The work of the Advisory Committee during its Ninth Session is covered in the following report:
"I.
"The Committee desires to call the special attention of the Council to the long delay in bringing the Geneva Convention of February 1925 into force. Notwithstanding the resolutions adopted by the Council and the Assembly during the years 1925 and 1926 on the subject, the number of ratifications deposited up to the present date, nearly two years after the close of the Conference, is very small. The Committee would, in particular, respectfully remind the Council that, under Article 36 of the Convention, the Convention will not in existing circumstances come into operation until at least seven of the States represented on the Council, of which two must be States having permanent seats, have ratified it, and that up to the present only one permanent Member and one non-permanent Member of the Council have done so.
"The Committee would urge in the strongest way that great difficulties will continue to be encountered in dealing with the huge illicit traffic which still exists unless the further powers which the Convention confers are obtained and that serious harm is being caused by the long delay in bringing the Convention into general operation. The Committee therefore ventures to address an urgent request to the Council that it will give the question of early ratification its most serious consideration at its next meeting.
"II.
"The Advisory Committee, after a careful examination of a large mass of information in regard to the illicit traffic in the drugs which has again been placed before it, reports to the Council that, while information continues to accumulate as to the huge extent of the traffic and the methods by which and the channels through which the drugs are smuggled, information is still almost completely lacking as to the sources from which the drugs are obtained by the illicit traffickers. The Committee regards it as one of the most urgent needs of the present moment that those sources should be discovered—and in view of the universal character of the menace and of the interest which all countries have in averting that menace from their own peoples, the Committee desires to urge as strongly as possible that a systematic and searching enquiry should be undertaken (if that has not already been done) without delay by the Governments of all the countries which manufacture the drugs or import them on a considerable scale with a view to discovering from whom and by what methods the illicit traffickers procure their supplies. The Committee recommends that, in addition to any methods of investigation which the Governments may think it desirable to employ for the purpose of this enquiry, a thorough examination should be made of the books, registers of purchasers and sales of the drugs, and other records of the manufacturers or importers of the drugs, and of all persons dealing in the drugs on a considerable scale, so as to track down the drugs to the point at which they reach the illicit traffickers; and all such manufacturers, importers and dealers should be required, for the purpose of the special enquiry proposed, to furnish full particulars in regard to any transactions which are not clearly proved to be destined for medical and scientific purposes.
"Further, the Committee desires again to place on record its view that any such manufacturer, importer or dealer found to be knowingly supplying the drugs for other than medical or scientific purposes should, in addition to any penalty to which he may be liable under the laws in force, be prohibited from manufacturing, importing or dealing in any of the drugs for the future. The Committee would also urge that the greatest care should be taken to ensure that licenses to manufacture, purchase, import, export or deal in the drugs should only be issued by the Government authorities to persons who can fully establish the bonafide character of their business.
"III.
"The Committee requests the Council to invite the Secretary-General to call the attention of all Governments in Europe, and of such other Governments as appear likely to be interested in the matter, to the fact that enormous quantities of dangerous drugs are being exported to China by post. In this connection, the attention of these Governments should, it is suggested, be invited to Resolution IX appended to the report forwarded last year by the Committee to the Council. A copy of the list of seizures received by the Committee from the Chinese Maritime Customs—through the International Anti-Opium Association of Peking —should be forwarded, and the Governments should be requested to exercise special vigilance in the case of all postal matter destined for China in so far as this is possible.
"IV. "The Committee:
"(1) Takes note of the fact that the Turkish Government has not replied to the letter sent out on the instructions of the Council on October 20th, 1926;
"(2) Requests the Secretary-General to arrange that, if no answer is received from the Turkish Government before the March meeting of the Council, the attention of the Council should be called to this omission.
"V.
"The Committee calls the attention of the Council to the difficulty experienced by the Committee in forming an opinion as to the exact situation of the traffic in opium and other dangerous drugs in Central and South America, due to the incomplete information at the Committee's disposal regarding these countries. The Committee therefore requests the Council to invite the Secretary-General to approach the Governments of these countries in order to obtain:
"(1) Regular annual reports to be despatched on October 1st of each year, and to be based on the model form now generally adopted;
"(2) Copies of the laws and regulations in force concerning the traffic in narcotics;
"(3) Information with regard to the administrative arrangements for enforcing the laws and regulations in vigour and, in particular, information as to the acceptance and application of the import and export certificate system;
"(4) Information as to whether these Governments intend to ratify, or adhere to, the Geneva Convention of February 19th, 1925;
"(5) Information as to the illicit traffic in narcotics in their respective countries;
"(6) In cases where the Hague Convention of 1912 hat not yet been ratified and enforced, information as to when such ratification and enforcement may be expected.
"VI.
"The Committee desires to draw the attention of the Council to the necessity for controlling adequately the opium and drug traffic in free ports and free zones. It requests the Council to invite the Secretary-General to approach the Governments of countries where free ports and free zones exist, in all cases where these Governments have not already furnished information, with a view to obtaining complete lists of such free ports and zones, and statements as to whether the national legislation regarding opium and narcotic drugs is applied in these free zones or ports. Governments which do not apply their national drug regulations in the free ports or zones within their territories should be asked to furnish precise information as to the system of control they apply in such areas, and to forward copies of the relevant regulations.
"VII.
"The Committee requests the Council to invite the Secretary-General to approach the various Governments which forward reports, with the object of explaining to them that the annual reports should give statistics of actual imports and exports and not of the quantities which may have been authorised for import or for export. The object is to obtain statistics which represent the actual facts as regards import and export, as otherwise comparisons between the imports and exports of one country with the exports or imports of the corresponding country are rendered difficult or impossible.
"The Committee also recommends that, in cases where an exporting country authorises an export of narcotics to another country which has not accepted or applied the import and export certificate system, the exporting country should, in all cases, inform the country of destination of the fact that such an export authorisation has been given.
"VIII.
"The Committee notes that certain Governments which do not send regular annual reports on the traffic in opium and other dangerous drugs apparently omit to do so since the narcotic question appears to them to be of little or no domestic importance in their territories. The Committee wishes to point out that a country in which drug addiction is not prevalent and in which there is little or no traffic in narcotics may still, on account of its geographical position or for other reasons, be of importance from the point of view of control over the international narcotic traffic. The Committee therefore requests the Council to invite the Secretary-General to communicate with the Governments of the following States: Albania, Dominican Republic, Ethiopia, Haiti and Luxemburg, with the object of obtaining regular annual reports from these countries. The Committee suggests that, if this recommendation be approved, a separate letter should be issued to each such Government; in this letter a brief statement could be given of the reasons leading the Committee to attach special importance to the regular receipt of the report in question.
"IX.
"In view of the importance which the Committee attaches to the examination of the annual reports from Governments, and in order that these reports may be received in time for adequate examination, the Committee requests the Council to invite the Secretary-General to send each year to all Governments, two months before the date fixed for the despatch of their report, a letter expressing the hope that they will be in a position to forward their report on or before the due date.
"X.
"In view of the geographical position of Estonia and Lithuania, which renders these two countries important from the point of view of the transit of drugs between certain manufacturing and consuming countries, the Committee requests the Council to invite the Governments of Estonia and Lithuania to furnish as detailed information as possible with regard to their laws and regulations relating to the import, export and transit of narcotic drugs, and also to supply copies of any laws and regulations in force governing the internal trade in opium and drugs. It would be of great assistance to the Committee if the Government of Lithuania, which has already accepted the import and export certificate system, would be good enough to state whether that system is now effectively applied."
During its March, 1927, session, the Council passed the following resolutions:
"The Council decides to reappoint M. Henri Brenier and Colonel Arthur Woods to serve as assessors on the Advisory Committee on Traffic in Opium and Other Dangerous Drugs for a further period of one year from April 1, 1927. The
Council wishes to express its appreciation of the services of these assessors during the past year.
"The Council further decides to appoint Mr. L. A. Lyall to serve on the Advisory Committee as the assessor having knowledge of conditions in the Far East. This appointment is also made for one year, expiring April 1, 1928."
"L The Council notes the report and resolutions of the Advisory Committee on Traffic in Opium and Other Dangerous Drugs passed during this Ninth Session and adopts the present report.
"II. The Council, being of the opinion that the calling of an extraordinary session of the Advisory Committee at a later date to discuss the question of the illicit traffic may well be desirable, asks the Secretary-General to communicate this opinion to the chairman of the Committee and to empower him in the name of the Council, to call such a session at a date not later than immediately after the next session of the Assembly, should the circumstances warrant such action."
In its report to the Eighth Assembly, the Fifth Committee states: 52
"The Advisory Committee concluded from the documents in its possession that the illicit traffic in drugs continues to be a grave danger. The Advisory Committee points out in its report the necessity for a general and vivid appreciation of what that traffic means in terms of human suffering, misery and degradation. It goes on to make the very serious statement that, with regard to combating the drug evil, action by the Governments falls far short of their contractual obligations; but neither the Committee nor the League is in a position to grapple with this huge problem except to the extent to which they are aided in that task by individual Governments; the possibilities of direct executive action are necessarily confined to these individual Governments, acting not only within their national territories but also in direct co-operation with each other.
"The Fifth Committee wishes to draw the special attention of the Assembly to the gravity of the statements made by the Advisory Committee, a body of specialists who undoubtedly possess the most intimate knowledge and the widest experience of the subject. A very grave charge is made against the individual Governments, and the documents published by the Advisory Committee support, it must be admitted, to the very fullest extent the view it has expressed as to the danger of the situation. The Fifth Committee would like to make an appeal to the Assembly delegates that they should all, on their return to their respective countries, urge upon the competent authorities there the necessity for drastic action.
"The Advisory Committee has, in its second resolution, made a definite recommendation, namely, that a systematic and searching enquiry should be undertaken without delay by the Governments of all the countries which manufacture the drugs or import them on a considerable scale with a view to discovering from whom and by what methods the illicit traffickers procure their supplies. One method of investigation has been indicated in that resolution, and the Fifth Committee cannot too strongly recommend to the Assembly delegates that they should do all in their power in their own countries to see that the Committee's request is complied with.
"A very important exchange of views took place in the Advisory Committee on the subject of a resolution submitted to that Committee by the representative of the Italian Government. The Italian representative proposed that the Advisory Committee should hold an extraordinary session, with a view to driwing up concrete proposals for the reduction of the quantities of drugs manufactured to the quantities required for medical and scientific purposes, and also with regard to combating the contraband traffic in drugs, with special reference to the causes which produce it and including penal and other measures which might be adopted to suppress it. In the course of the discussion, it became clear—though there was no formal proposition on the subject, and no vote was taken on it—that a majority of the members were either in favour of or would not oppose the calling of an extraordinary meeting of the Advisory Committee to discuss the question of the illicit traffic generally, provided that the discussion at such a meeting were limited to measures which fell within the scope of the Hague Convention or of the Geneva Convention of 1925. The Advisory Committee preferred to leave the matter to the appreciation of the Council, and the Council, being of opinion that the calling of an extraordinary session of the Advisory Committee to discuss the question of the illicit traffic might well be desirable, empowered the Chairman of the Committee to call such a session should circumstances warrant such action. An extraordinary session has now been summoned for September 28th.
"The Advisory Committee has also pointed out the importance of the bringing into force of the Geneva Convention of February 19th, 1925. It states that great difficulties will continue to be encountered in dealing with the huge illicit traffic unless the further powers which the Convention confers are obtained and that serious harm is being caused by the long delay in bringing the Convention into general operation.
"The situation in China is the subject of another resolution of the Advisory Committee, which recommends that all Governments should exercise special vigilance in the case of all postal matters destined for China in so far as this is possible.
"The Advisory Committee has again passed a resolution with regard to the ratification of the Hague Convention by Turkey. This question was considered by the Assembly of 1923 and also by the Assembly of 1926. Up to the present time, no reply has been received from the Turkish Government to the Secretariat's communications on this subject.
"The lack of information with regard to the exact situation as to the traffic in opium and other dangerous drugs in Central and South America has caused some anxiety. It was, however, a great satisfaction to the members of the Advisory Committee to see a representative for one of these countries, take part in their work for the first time, Bolivia having appointed a representative on the Committee. The Fifth Committee draws the special attention of the delegations from the Central and South American countries to Resolution 5 of the Advisory Committee, which deals with this point.
"Resolution 6, dealing with the necessity for controlling the opium and drug traffic in free ports and free zones, is of special importance to all countries in which free ports and free zones exist. Undoubtedly, these countries will take every possible measure to stop the leakage which may take place through such ports and zones as a consequence of inadequate control.
"Several resolutions deal with the necessity of furnishing reports on the commerce in drugs in the various countries. The Governments should not forget that the Hague Convention has already laid down special stipulations in this respect, and they will realise that lack of information is bound to hamper the work of the Committee.
"The Fifth Committee has the honour to submit to the eighth ordinary session of the Assembly the following resolution:
" 'The Assembly notes with approval the report of the Advisory Committee on Traffic in Opium and the resolutions contained therein, and earnestly recommends them to the attention of the States Members of the League.' "
The resolution referred to above was adopted by the Assembly.
Another resolution passed by the same Assembly referred to the report of the Commission of Enquiry into the Production of Opium in Persia, as follows:
"The Assembly takes note of the report (document A.7.1927) of the Commission of Enquiry into the production of opium in Persia, of the observations of the Persian Government on that report, and of the letter from the Chairman of the Commission of Enquiry to the Secretary-General dated April 23, 1927.
"It expresses its sincere thanks to the members of the Commission for their valuable work and its high appreciation of the good will shown by the Persian Government in cooperating with the League in its attempt to reach a solution of the difficult and complicated problem of narcotic control.
"The Persian Government having declared that the success of its programme will, in large measure, depend on its obtaining liberty of action in tariff affairs and on the removal of the restrictive tariffs on Persian products which must be substituted for opium, the Assembly expresses the hope that the Governments concerned will give their earnest and favorable attention to those conditions and that the Persian Government will keep the League of Nations informed of the progress made in carrying out the scheme proposed for the gradual diminution of the cultivation of the opium poppy in Persia.
"It earnestly recommends to all countries concerned with the production and manufacture of dangerous drugs and their raw material, the enactment of legislation similar to that now proposed by the Government of Persia, or such equivalent action as will insure the necessary reduction of raw material and the manufacture of drugs."
According to the resolution of the Council of March 11, 1927, the Advisory Committee held an extraordinary session from September 28 to October 8, 1927. The resolutions passed at this session are the following:
"Resolution
"The Committee desires to draw the special attention of the Council to Resolution I passed at the Committee's ninth session. Further experience has strengthened the conviction of the Committee of the absolute necessity, if the illicit traffic is to be adequately dealt with, of the powers which the Geneva Convention of 1925 confers. Until that Convention comes into operation, over as wide a field as possible, little progress can be hoped for in combating the illicit traffic. As twelve ratifications of, and six adhesions to, that Convention have now been recorded, the entry into vigour of the Convention depends solely on the action taken by the States Members of the Council. Four further ratifications by such States are necessary before the Convention comes into force. The Committee ventures to repeat its urgent request that the Council will give this question its most serious consideration at its next meeting.
"Resolution II.
"The Committee requests the Council to represent to the Government of China that it would prove of the greatest assistance to the Committee in its work if it were provided with a report as to all important seizures of narcotic substances effected by the Chinese Maritime Customs at the various ports and stations which are controlled by that service. Such reports would also help other Governments to prevent the illicit export of narcotics into China. The reports, to be of value, should be forwarded to the League as soon as possible after the end of each quarter; and they should contain all relevant details (such as quantities, description of packages, labels—of which samples should be sent whenever possible—route followed, origin of the goods if known, references to the bills of lading under which forwarded, name of consignor and consignee, and in general all details which will assist in tracing the origin of the goods and the precise manner in which they came to find their way into the illicit traffic).
"Resolution III.
"In view of the large seizures now being effected in several countries—seizures which in some cases exceed the volume of the illicit traffic—and the fact that all Governments do not give precise information as to the manner in which narcotic substances so seized are dealt with, thereby rendering it difficult to form an accurate idea as to the position of the traffic, the Committee requests the Council to be good enough to ask all Governments to state, in their annual reports, the precise manner in which such confiscated substances have been dealt with, and to give such other information as may be useful in regard to such confiscation or disposal.
"It will be observed that this resolution reproduces the wording of Article $32 (I) (e) of the Geneva Convention, which imposes an obligation of this character in respect of the reports to be sent by the contracting parties to the Central. Board when the latter is constituted.
"Resolution IV.
"The illicit traffic undoubtedly continues 'on an enormous scale', it is 'backed by huge financial resources', and 'drugs are still being smuggled in very large quantities.' It appears impossible at present to restrict the export from producing countries of raw opium and coca leaves to the small quantity necessary to supply the medical needs of the world. Experience also shows that the smuggling of drugs can be restricted to a considerable extent, but cannot be wholly stopped by measures that fall short of complete control, in view of the great financial gains which ensue from the smuggling of even small quantities. If all drug factories were adequately controlled by their Governments the drug problem would in large measure be solved.
"The Committee therefore requests the Council to urge as insistently as possible upon all Governments Members of the League and parties to the Opium Conventions that all factories manufacturing dangerous drugs should be owned, or adequately controlled, by their Governments. Under either system the Governments would at least:
"(1) Regulate, and require an accurate accounting of, all internal traffic, including the purchase of raw materials, manufacture, sales, distribution, storage;
"(2) Strictly control the issue and possession of licences or authorisations for the manufacture, sale, distribution and storage of the drugs;
"(3) Adopt, and rigidly enforce, the import and export certificate system.
"(4) Strictly control the export of dangerous drugs to any country which does not enforce the import and export certificate system. Where this system is not in force in the importing country, the Government of the exporting country must satisfy itself, beyond reasonable doubt, that the demand is for legitimate purposes only. This precaution is particularly important, since the readiest route which the illicit traffic can follow is through those countries which do not enforce the import and export certificate system. It is recognised that this will present various difficulties until the Central Board has been constituted; but it is imperative that such control should be exercised, as far as that is practicable, by the exporting countries until the Central Board begins to function. Experience in certain countries has shown that, even in present circumstances, a large measure of effective control can in fact be exercised in such cases."
The report of the Advisory Committee was adopted by the Council during its session in December, 1927.
The report of the Committee also contains as an annex a table giving the current positions of the various governments in respect to ratification of the agreement and convention developing out of the First and Second Opium Conferences of 1925. The table is reproduced on the following page.
1 Wright, Hamilton. The International Opium Commission. Amer. Jour. Internat. Law. July and October, 1909.
2 China, No. 1, 1908.
3 Opium Problem. Message from the President of the United States transmitting . . . a report of the International Opium Commission . . . Senate Doe. No. 377. 61st Cong. 2nd Session.
4 Wright, Hamilton—The International Opium Conference. Amer. Jour. of International Law. October, 1912, and January, 1913.
5 Second International Opium Conference. Senate Doc. 733. 62 Cong. 2nd Sess.
6 See Appendix I for text of convention.
7 The word "not" is apparently a typographical error as it is not consonant with the evident meaning of article 14, Chapter III of the Convention.
8 Second International Conference. Senate Doc. No. 157. 03 Con. let Sees.
9 'Second International Opium Conference. Senate Doc. 733. 62 Cong. 2nd Sess.
10 " Suppression of the Abuse of Opium and Other Drugs—Convention and Final Protocol between the United States and Other Powers—Treaty Series No. 612.—Washington: 1922.
11 "Foreign Relations of the United States. 1914.
12 Foreign Relations of the United States. 1914.
13 "Translated from the Netherland Government's print entitled "Troisieme Conference Internationale de ]'Opium. La Haye 15-25 juin, 1914—Actes et documents. Proces-verbaux officiels"—In: McMurray—Treaties and Agreements with and concerning China 1894-1919—Vol. II. Republican Period-1912-1919p. 942.
14 "Suppression of the Abuse of Opium and Other Drugs.—Convention and Final Protocol between the United States and Other Powers—Treaty Series No. 612—Washington: 1922.
15 For text see Appendix I.
16 "Translated from the Netherland Government's print entitled Troisieme Conference Internationale de l'Opium. La Haye 15-25 juin, 1914—Acts et documents. Proces-verbaux officiels"—In: McMurray—Treaties and Agreements with and concerning China, 1894-1919—Vol. II. Republican Period-1912-1919—p. 942.
17 Report of the Advisory Committee on Traffic in Opium. First Session. May 2-5, 1921.
18 Resolutions adopted by Council of the League of Nations. Thirteenth Session—June 17-28, 1921.
19 Minutes of the Thirteenth Session of the Council. June 17-28, 1921.
20 Traffic in Opium. Report of the Fifth Committee to the Second Assembly. Sept. 24, 1921.
21 Resolutions and Recommendations adopted by the Assembly during its second Session. Sept. 5-Oct. 5, 1921.
22 Loc. cit.
23 Report on work of Advisory Committee on Traffic in Opium during its second session. Apr. 19-29, 1922. A-15, 1922. C-223 (1), 1922. XI.
24 "The following portions of this resolution were omitted from the report of the Advisory Committee as published August 8, 1922, for the reason that they constituted the only part of the report to which the Council made objection and were referred back to the Committee for reconsideration:
"Further, the Committee realizes that the responsibility for the revival rests mainly, if not wholly, on the military governors of the provinces concerned: and that at the present time, under the political conditions prevailing the pressure of public opinion is probably the only force available to remedy a state of things which is both a violation of the treaty engagements of China and inconsistent with its obligations as a Member of the League of Nations."
"(c) That, as China, in common with all other States Members of the League, has entrusted the League of Nations with the supervision of the traffic in dangerous drugs, the Chinese Government should invite representatives of the League to accompany the Commissioners in their investigations; the Committee also desires to point out that investigation can only be effective if made during the season of the year while the poppy is in flower, and recommends that the Chinese Government should be asked to make arrangements accordingly."
"(d) That the Council should publish conclusions at which the Committee has arrived,"—
(We have been unable to locate section (b) of this resolution.)
25 Minutes of the Eighteenth Session of the Council. Official Journal. June 1922. Vol. 3. No. 6.
26 Supplementary Report—Advisory Committee on Traffic in Opium—Third Session, Sept. 1, 1922.
27 Congressional Record—May 4, 1922. p. 6886.
28 For text. see Appendix IV.
29 This is evidently a typographical error.
30 Resolutions and Recommendations of the Third Assembly. September 4-30, 1922. Official Journal Special Supplement, October 1922.
31 Advisory Committee on the Traffic in Opium and other Dangerous Drugs. Report to the Council on the Work of the Committee during its Fourth Session held at Geneva. January 8-14, 1923. C. 37-1923. IV.
32 Report of Advisory Committe% on the Traffic in Opium and other Dangerous Drugs. Fourth Session. January 8-14, 1923. Annex 6.
33 Limiting the Production of Habit-forming narcotic drugs and the raw Materials from which they are made—H. R. Report No. 1678-67th Congress, 4th Session.
34 Advisory Committee on Traffic in Opium and Other Dangerous Drugs. Report to Council on work of Fifth Session. May 24 to June 7, 1923.
35 Journal of the Fourth Assembly. No. 23. September 28, 1923.
36 Minutes of the Twenty-Seventh .Session of the Council. League of Nations Official Journal. February 1924.
37 See Official Journal, August 1923, pages 1019-1027.
38 Advisory Committee on Traffic in Opium and Other Dangerous Drugs. Report to Council on the Work of the Sixth Session. August 4th to 14th, 1924. A. 32. 1924. XI.
39 League of Nations. Health Committee. Minutes of Third Session. September 29, October 4, 1924. Document C. 588 M. 202. 1924 II.
40 The average total consumption in these six countries does not exceed 181 mg."
41 Advisory Committee on Traffic in Opium and other Dangerous Drugs. Report to the Council on the work of the seventh session. Geneva. Aug. 24 to 31, 1925.
42 League of Nations. Official Journal. Special Supplement No. 32. October 1925.
43 This resolution reads as follows:
"The Committee recommends that the administrations called upon to decide on an application for export of drugs to a country not applying a system of import authorisations should endeavor to ascertain whether the application submitted to them is a legitimate one. This recommendation is made in the spirit which inspired Article 18 of the Geneva Convention of February 19th, 1925. ' "
44 Commission of Enquiry into the Production of Opium in Persia. Report to the Council. Geneva. 1926. A. 7. 1927. XI. C. 580. M. 219. 1926. XI.
45 " "It is our conviction that the production of opium can be curtailed. . . . Nevertheless, the Persian Government will take immediate measures to reduce the production of opium to medicinal requirements and will prosecute these measures as rapidly as circumstances permit. The Government is likewise determined to put a stop to the smoking of opium within the country as rapidly as possible. (Extract from letter from Persian Prime Minister to President of the Commission dated June 1st, 1926.)"
46 Commission of Enquiry into the Production of Opium in Persia. Geneva Mar. 28, 1927. A. 8. 1927. XI.
47 One toman or ten krans may be considered as approximately $1 U. S. A.
48 Commission of Enquiry into the Production of Opium in Persia. Geneva June 1, 1927. A. 16. 1927. XI.
49 Advisory Committee on Traffic in Opium and other Dangerous Drugs. Report to the Council on the work of the ninth session of the Committee held at Geneva from Jan. 17 to Feb. 3, 1927.
50 Report of the Fifth Committee to the Assembly, September 16, 1927. A. 64. 1927. XI.
51 Advisory Committee on Traffic in Opium and other Dangerous Drugs. Report to the Council on the Work of the Tenth Extraordinary Session of the Committee. Sept. 28 to Oct. 8, 1927. C. 521. M. 179-1927. XI. (0. C. 686 DM
< Prev | Next > |
---|