Radio Regulations. 69 ART. 2. The utilization of radio stations which already exist and have obtained a concession is forbidden. The organs of the telegraph and telephone administration will render the stations incapable of use without delay by removing the receiving apparatus, if there is any, or the parts indispensable for their use. The parts of the apparatus removed are to be preserved by the telegraph and telephone administration. ART. 3. There are not included in this prohibition stations established by the telegraph and telephone administration, or those which have been established for the needs of the army. ART. 4. Violations of the present provisions, if there has been a reception or sending of news of any nature whatever, will be proceeded against according to the penal provisions established against those who spread, intentionally or by negligence, news of a military nature. If there has been only the illegal establishment of a station or the maintenance of an existing station, of which it has not been proved that it has been used, the penalty will consist in a fine and the station will be immediately closed. If there is reason to suspect that the station is intended to be used as a means of information for the benefit of a foreign State, proceedings for espionage will be commenced. The present ordinance comes into force immediately. In the name of the Swiss Confederation, The President of the Confederation: HOFFMANN. The Chancellor of the Confederation: SCHATZMANN. Federal order on the measures appropriate for assuring the security of the country and the maintenance of its neutrality. August 3, 1914. [Bundesgesetze und Verordnungen, 1914, 30: 347.] The Federal Assembly of the Swiss Confederation, in view of the message of the Federal Council of August 2, 1914, orders: ARTICLE 1. The Swiss Confederation declares its firm desire to maintain its neutrality in the imminent war. The Federal Council is authorized, in any manner that it deems convenient, to bring this declaration of neutrality to the knowledge of the belligerent parties and of the powers who have recognized the neutrality of Switzerland and the inviolability of its territory. ART. 2. The Federal Assembly approves the general mobilization decreed by the Federal Council and the decision concerning the legal time of bank notes. ART. 3. The Federal Assembly gives unlimited power to the Federal Council to take all measures necessary for the security, the integrity, and the neutrality of Switzerland, to safeguard the credit and the economic interests of the country, and in especially to insure the public food supply. ART. 4. To this effect, there is open to the Federal Council an unlimited credit. Authorization in especial is given it to contract the necessary loans. ART. 5. The Federal Council will render an account to the Federal Assembly in its next session of the use which it has made of the unlimited credit which has been accorded it. ART. 6. The present order, which is declared urgent, comes immediately into force. Thus ordered by the National Council. Berne, August 3, 1914. President: Dr A. v. PLANTA. Secretary: SCHATZMANN. Thus ordered by the Council of States. Berne, August 3, 1914. Vice President: GEEL. Secretary: DAVID. The Federal Council, orders: The Federal order above will be executed. Berne, August 3, 1914. In the name of the Swiss Federal Council. President of the Confederation: HOFFMANN. Chancellor of the Confederation: SCHATZMANN. Declaration of neutrality, August 4, 1914. [Bundesgesetze und Verordnungen 1914, 30: 361.] (This declaration has been communicated officially to the States which recognized the inviolability and the neutrality of Switzerland in 1815, as well as to some other Governments.) The Swiss Federal Council has decided to make the following declaration of neutrality: By reason of the war which has just been declared between several European powers, the Swiss Confederation, inspired by its ancient traditions, has voluntarily determined to depart in no respect from the principles of neutrality so dear to the Swiss people, which correspond so well to its aspirations, to its internal organization, to its situation relative to the other States, and to the principles which the powers signatory of the treaties of 1815 have formally recognized. By virtue of the special mandate which has just been bestowed upon us by the Federal Assembly, the Federal Council formally declares that during the war which is beginning the Swiss Confederation will maintain and defend by all the means at its disposal its neutrality and the inviolability of its territory as recognized by the treaties of 1815; it will itself observe the strictest neutrality toward the belligerent States. Relative to the parts of Savoy, which by the terms of the declaration of the powers of March 29, 1815,1 of the final act of 1 Marten's, N. R. 2: 177, Hertslet, Map of Europe by Treaty, 1:70. the Congress of Vienna of June 9, 1815,1 of the act of accession by the Swiss Diet of August 12, 1815,2 of the treaty of Paris of November 20, 1815,3 and of the act of recognition and of guarantee of Swiss neutrality of the same date,* should enjoy neutrality in the same manner as Switzerland; these dispositions having been confirmed by France and Sardinia by article 2 of the treaty of Turin of March 24, 1860,5 the Federal Council believes that it ought to call to mind that Switzerland has the right to occupy this territory. The Federal Council will make use of this right if the circumstances appear to demand it for the .defense of the neutrality and of the integrity of the territory of the Confederation. At the same time it will not fail scrupulously to respect the restrictions which the treaties attach to the exercise of the right in question; especially in reference to the administration of this territory it will be obliged to confer with the Government of the French Republic. The Federal Council has the firm conviction that the present declaration will be favorably received by the belligerent powers as well as by the third States, signatory to the treaty of 1815, as the expression of the traditional attachment of the Swiss people to the idea of neutrality and as the loyal affirmation of the consequences resulting for the Swiss Confederation from the treaties of 1815. German reply to the notification of the neutrality of Switzerland. August 5, 1914. [Rev. Gén. Doc. 22: 189.] The Government has had the honor to receive the circular note addressed the 4th of August of this year to the powers signatory to the treaties of 1815 in which the Federal council declares that during the actual war the Swiss Confederation will maintain and defend by all means at its disposal its neutrality and the inviolability of its territory. The Imperial Government has taken cognizance of this declaration with a sincere satisfaction and it has confidence that the Confederation, by virtue of its strong army and of the firm will of the entire Swiss people, will repulse all violations of its neutrality. Ordinance concerning the maintenance of the neutrality of Switzerland. August 4, 1914. [Bundesgesetze und Verordnungen, 1914, 30: 353.] The Swiss Federal Council. In order to prevent all acts or omissions not compatible with the neutral position of Switzerland; 1 Martens, N. R. 2: 379, Hertslet, op. cit., 1: 208. 2 Martens, N. R. 4: 184. 3 Martens, N. R. 2: 682, Hertslet, op. cit., 1: 342. Martens, N. R. 2: 740, 4: 186, Hertslet, op. cit., 1: 370. 5 Martens, N. R. G., pt. 2, 16:539, Hertslet, op. cit., 2:1429. Basing its action on article 102, paragraph 9, of the Federal constitution; on articles 30, 40, and 41 of the Federal Penal Code of February 4, 1853, as well as on the provisions of the international convention of The Hague, October 18, 1907, concerning the rights and duties of neutral powers and persons in case of war on land; Order the following prescriptions, to which each will conform himself: 1. The strictest impartiality will be observed in reference to all the belligerents; consequently all must abstain from every act favoring any one of them. 2. No hostile act against any of the belligerents may be undertaken, supported, or aided in any manner whatsoever upon Swiss territory or prepared thereon. 3. Pacific relations ought to be assured, so far as possible, under reserve of the following dispositions and of the special prescriptions for the authorities and commanders of the troops. 4. Every attempt on the part of regular or volunteer troops of the belligerent parties to penetrate into Swiss territory or to cross it in bodies or individually should be immediately brought to the knowledge of the commander of troops and of the nearest police authority. 5. Military foreigners who may be met individually on the neutral territory will be arrested by the troops or, if necessary, by the police; civilians suspected of abusing neutral territory under evident pretexts will be treated in the same manner. 6. The authorization to permit the wounded and sick belonging to the belligerent armies to pass into our territory should be asked of the commander in chief. As to the personnel and material of all kinds accompanying convoys, it is referred to the prescriptions for the commander of troops (decision of the Federal Council, Dec. 21, 1912) concerning the maintenance of neutrality. 7. In case of attempts by one of the belligerent parties to send through our territory transports of military material, no matter of what kind, especially transports of arms, munitions, and provisions, the commander of troops and the nearest police authority should be immediately informed. The objects in question will be seized by the authorities. 8. There is forbidden and ought to be stopped: (a) The exportation of arms and munitions and of all military material into the adjacent belligerent states and also all collecting of objects of this nature near the contiguous frontier. In case of acts of war near the frontier, the commander of the army can further restrain or suppress entirely this frontier traffic. (b) The purchase and generally the acceptance of arms, of military material, and of articles of equipment carried into Swiss territory by deserters. The articles indicated under (a) and (b) will be seized even if they are found in the possession of third persons. General Provisions. 73 9. If isolated military persons of the belligerent armies or escaped prisoners of war seek refuge in our territory, they can be admitted until further notice. They will be disarmed and put at the disposition of the military authorities, in the same manner as prisoners of war brought in by troops seeking refuge on our territory. 10. Passage on Swiss territory will be permitted to persons not of a character to be suspected, to women, to children, to old men, as well as to persons who, before the war, had a domicile in Switzerland or own land in it. 11. Persons who do not conduct themselves conformably to the rules of neutrality can be transferred to the interior of the country. If foreigners, they expose themselves to expulsion. 12. Corps of combatants can not be formed nor recruiting bureaus opened on Swiss territory to the advantage of belligerents. The existence of bureaus of information or recruiting for soldiers or volunteers for the belligerent armies should be notified to the Federal council. 13. The inhabitants of foreign states who wish to go individually, without arms or uniforms and without being organized in groups, into the territory of belligerent states directly or indirectly from Switzerland or by Switzerland will not be prevented from passing beyond the frontier until further notice. 14. It is absolutely forbidden to the belligerent parties to establish or use on Swiss territory a radio station or any other installation (telephone, telegraph, signal station, optical or other, carrier pigeon station, aviation station, etc.), designed to serve as a means of communication with the belligerent forces on land or sea or to offer facilities for the same in any manner whatsoever. 15. The bureaus of telegraphs, telephones, postal service, and customs will receive for their administration, instructions as to the attitude which they are to observe. The use of the posts, telegraph, and telephone for military purposes, will take precedence of all other employments, except urgent communications of the Federal council and of the political and military departments. 16. The railroads will observe the prescriptions relative to their use in case of war as well as their other special instructions. 17. As to aviation, attention will be given to what follows: (a) Balloons and air craft not belonging to the Swiss Army can not rise and navigate in the aerial space situated above our territory unless the persons ascending in the apparatus are furnished with a special authorization, delivered in the territory occupied by the army, by the commander of the army; in the rest of the country, by the Federal military department. (b) The passage of all balloons and air craft coming from abroad into our aerial space is forbidden. It will be opposed if necessary by all available means and these air craft will be controlled whenever that appears advantageous. (c) In case of the landing of foreign balloons or air craft, their passengers will be conducted to the nearest superior military |