December 10, 1898; in conformity to the terms of the treaty, Porto Rico and the Philippine Islands were ceded to the United States, in consideration of the cash payment of $20,000,000. Sovereignty over the island was relinquished to the United States, where it remained until May, 1902, when a government, republican in form, was established under the qualified protection of the government of the United States.1

INTERVENTION OF THE UNITED STATES IN CUBA IN 1906

When a republican government was established in the island of Cuba, as a result of the armed intervention which was undertaken by the United States in 1898, with a view to the pacification of the island, a clause was inserted in the constitution of the republic, supported by a formal stipulation in the treaty with the United States of May 22, 1903, in the operation of which the United States became charged with the duty of intervening with a view to the "preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed on the United States by the Treaty of Paris of December 10, 1898."

In 1906 an internal situation existed in the island which led President Palma to represent that a case had arisen calling for the intervention stipulated for in the Treaty of 1903. With a view

to give effect to the requirements of that instrument, the President of the United States, in 1906, established an intervening government and occupied the island of Cuba by a detachment of land and naval forces.

The government so established, though civil in form, was, in fact, a government of military occupation, which assumed control and direction of all branches of administration, and addressed itself to the remedy of the abuses which had given occasion for the intervention. Internal peace has been restored, and a substantial revision of the laws regulating suffrage, municipal control, and general executive administration have been prepared and are now undergoing examination and discussion, with a view to their submission to the electors at the election to be held in the near future."

130 Stats. at Large, 1742; Treaties in Force, 1904, 722.

? See report of Provisional Governor

Chas. E. Magoon, of Provisional Administration from October 13, 1996, to December 12, 1907 (Havana, 1907).

BOMBARDMENTS

These operations have been made the subject of regulation in the Conventions of 1899 and 1907 at The Hague, in which the attack or bombardments of open or undefended towns, either by land or naval forces, is forbidden; towns otherwise undefended, in front of which submarine mines are laid, with a view to prevent the approach of ships-of-war, are not brought within the category of fortified places by the mere fact of the presence and employment of such means of defence.

Before the bombardment of a fortified place begins, the commander of the attacking forces is required to do all in his power to warn the authorities; he is also required to take all necessary steps to spare, as far as possible, buildings dedicated to religion, science, art, or to charitable purposes, as well as historic monuments, hospitals, and places where the sick and wounded are collected; provided, always, that the protected buildings are not used by the defence for military purposes. It is also made the duty of the commander of a besieged place to indicate the presence of buildings as above described by distinctive visible signs, which he is required to notify to the enemy before they are placed in position. The sign agreed upon by the Convention consists of a large rectangular panel, divided by a diagonal line into two triangular portions, the upper portion being colored black and the lower portion white.1

THE INTERNMENT OF PRISONERS OF WAR

The term "internment," as used in the Geneva Convention of 1906 and The Hague Conventions of 1899 and 1907, correctly describes the nature and extent of the restraint which may be imposed upon a prisoner of war whose conduct is such as to warrant that form of restraint.

The rules of war authorize a belligerent to require them to perform a certain amount of labor, as a reimbursement of the cost of their support. No labor may be required of them, however, that is calculated to assist the captor, directly, in his military operations. In recent times the practice has been to require no services of prisoners of war except such as have contributed directly to their comfort and welfare. By the terms of The Hague Con

1 For text of Convention, see Appendix

F. Convention No. 9.

2 For text of Convention, see Appendix F, Conventions Nos. 4 and 10.

3 I Guelle, pp. 200-202; Hall, § 132: IV Calvo, &$2147, 2148; Article 6, Convention of the Hague, 1899; VII Pradier-Fodéré, S$ 2805, 2806.

vention the rates to be paid, when labor is required of prisoners, are those prescribed by the law of the state which holds them in captivity. In the absence of such legislation, they are to be paid at rates commensurate with the work done.1

A prisoner of war who has effected his escape, and has reached neutral territory, retains while there the personal freedom which he has acquired as the result of his escape; he may, therefore, elect whether he leave or will remain in the neutral territory on which he has found refuge. Should he elect to remain, the neutral government may assign him a place of residence. A similar consequence ensues in respect to prisoners of war held by forces of the enemy who are themselves seeking refuge in neutral territory. Prisoners so held become free so soon as they pass the neutral boundaries. Captured property in the possession of such refugees passes into the control and custody of the neutral government, by whom it is held in trusteeship for the real owner.?

1 See Appendix F, Convention No. 4

See Appendix F, Convention No. 5.

INDEX