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States, Territories, and of the District of Columbia, members of risle clubs, and civilians, and for the cost of the trophy, prizes, and medals herein provided for,

Act of June 5, 1920 (41 Stat. 971), making appropriations for the support of the Army: National trophy.

Similar provisions appear in previous appropriation acts.

2770. Military society badges.—That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexi. can war, and the war of the rebellion, respectively, may be worn upon all occilsions of ceremony by officers and enlisted men of the Army and Navy of the United States, who are members of said organizations in their own right. Joint res. 50, Sept. 25, 1890 (26 Stat. 681).

2771. Unlawful wearing of badges of military societies.---That whoever, in the District of Columbia, not being a member of the Military Order of the Loyal Legion of the United States, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Union Veteran's Union, of the Union Veteran Legion, of the United Spanish War Veterans, of the National Society of the Daughters of the American Revolution, and not entitled under the rules of the order to wear the same, willfully wears or uses the insignia, distiuctive ribbon, or badge of membership, rosette, or button thereof, or who uses or wears the same to obtain aid or assistance thereby, shall be punished by a tine of not more than twenty dollars or by imprisoninent for not more than thirty days, or by both such fine and imprisonment. Act of Mar. 15, 1906 (54 Stat. 62).

2772. Badges of societies of veterans of the Spanish-American war.- .-That the distinctive badges adopted by military societies of men “who served in the armies and Davies of the United States during the Spanish-American war and the incident insurrection in the Philippines" may be worn, upon all occasions of ceremony, by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. Sec. 41, act of Feb. 2, 1901 (31 Stat. 758).

Notes of Decisions. Persons entitled wear, The

words, membership. either because of their own members of said organizations in their service or because of their kinship to one own right” include all those who, under who had been in the service. (1901) 23 the rules of these orders, were eligible for Op. Atty. Gen. 454.

2773. Badges of societies of veterans of the Chinese relief expedition.—That the distinctive baciges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. Joint res. 2, Jan. 12, 1903 (32 Stat. 1229).

2774. Badge of the Army and Navy Union of the United States.--That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint res. 26, May 11, 1894 (28 Stat. 583).

That the distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization, Joint res. 18, Mar. 2, 1907 (34 Stat. 1123).

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CHAPTER 43.

FLAG AND SEAL OF THE UNITED STATES.

Flag:

Seal : Design established, 2775.

Established, 2780. Star added for each new State, 2776. Secretary of State to keep and affix, 2781. Improper use in District of Columbia, Counterfeiting and fraud : 2777.

Fraudulent use of seal of executive deDefinition, 2778.

partment, etc., 2782. Trade-marks comprising the flag, 2779. Counterfeiting or altering seals, 2783. Colors or demobilized organizations, Forging or altering passes, 2784.

27793. 2775. Design of the flag.-The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirtyseven stars, white in a blue field. R. S. 1791.

2776. Stars added to the flag.--On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. R. S. 1792.

2777. Disrespect to the flag in the District of Columbia.—That hereafter any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag, standard, colors or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors or ensign upon which shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed any word, figure, mark, picture, design or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale or to public view or give away or have in possession for sale or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed a representation of any such flag, standard, colors or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, colors or ensign, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court.

Act of Feb. 8, 1917 (39 Stat. 900). 2778. Definition of the flag.-

The words “flag, standard, colors, or ensign,” as used herein, shall include any flag, standard, colors, ensign or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purport

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ing to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the Stars and Stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard or eusign of the United States of America. Act of Feb. 8, 1917 (39 Stat. 900).

2779. Trade-marks comprising the flag.--That no mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark

(b) Consists of or comprises the flag or coat of arms or other insignia of the United States or any simulation thereof, or of any State or municipality or of any foreign nation, or of any design or picture that has been or may hereafter be adopted by any fraternal society as its emblem, or of any name, distinguishing mark, character, emblem, colors, flag, or banner adopted by any institution, organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant: Sec. 5, act of Feb, 20, 1905 (33 Stat. 725), as amended by act of Jan. 8, 1913 (37 Stat, 649).

27791. Colors of demobilized organizations.—That the Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper official of the War Department a receipt from the quartermaster-general of said State that said colors have been delivered to said State authorities. Act of Feb. 25, 1899 (30 Stat. 890).

That the Secretary of War be, and he hereby is, authorized to dispose of all colors, standards, and guidons of demobilized organizations of the United States Army in the following manner: Any which were used during their service by such organizations and which were brought into the service of the United States from the National Guard of any State may be returned to that State upon request therefor from the governor thereof; and all others may be sent, upon request of the governor thereof, to whatever State the Secretary of War may determine to have furnished the majority of men to any such organization at the time of its formation : Provided, howerer, That where it is impossible to determine what State furnished a majority of the men of an organization at the time of its formation, or where any organization was so cosmopolitan in its original makeup that it is impossible to identify it with any particular State, the colors of such organization will be turned in to the Quartermaster General for such national use as the Secretary of War may direct: Provided further, That the title to all such colors, standards, and guidons shall remain in the United States: And provided further, That the Secretary of War shall require assurance that proper provision has been or will be made for their care and preservation before returning or sending the same as herein authorized. Sec. 2, act of Mar. 4, 1921 (41 Stat. 1438-1939).

2780. Seal of the United States. The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. R. S. 1793.

An appropriation to enable the Secretary of State to have the Great Seal of the United States recut was made by the deficiency appropriation acts for the fiscal years 1902 and 1903, act of July 1, 1902 (32 Stat, 552), and act of Mar. 3, 1903 (32 Stat. 1032).

2781. Secretary of State to keep and affix the seal.-The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for officers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. R. S. 1794.

The commissions of military cfficers now bear the seal of the War Department, act of Mar. 28, 1896 (29 Stat. 75), ante, 2259.

Notes of Decisions.

Military commissions.—The statute excludes military commissions. O'Shea v. U. S. (1803), 28 Ct. Cl. 392.

2782. Fraudulent use of the seal of an executive department.—Whoever shall fraudulently or wrongfully affix or impress the seal of any executive department, or of any bureau, commission, or office of the United States, to or upon any certificate, instrument, commission, document, or paper of any description; or whoever, with knowledge of its fraudulent character, shall with wrongful or fraudulent intent use, buy, procure, sell, or transfer to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 1. title X. act of June 15, 1917 (40 Stat, 227).

2783. Counterfeiting or altering seals.-Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be made, forged, counterfeited, mutilated, or altered, or shall willingly assist in falsely making, forging, counterfeiting, mutilating, or altering the seal of any executive department, or any bureau, commission, or office of the United States, or whoever shall knowingly use, affix, or impress any such fraudulently made, forged, counterfeited, mutilated, or altered seal to or upon any certificate, instrument, commission, document, or paper, of any description, or whoever with wrongful or fraudulent intent shall have possession of any such falsely made, forged, counterfeited, mutilated, or altered seal, knowing the same to have been so falsely made. forged, counterfeited, mutilated, or altered, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. Sec. 2, title X, act of June 15, 1917 (40 Stat. 228).

2784. Forging or altering passes.-Whoever shall falsely make, forge, counterfeit, alter, or tamper with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with wrongful or fraudulent intent shall use or have in his possession any such pass or permit, or shall personate or falsely represent himself to be or not to be a person to whom such pass or permit has been duly issued, or shall willfully allow any other person to have or use any such pass or permit, issued for his use alone, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Sec. 3, title x, act of June 15, 1917 (40 Stat. 228).

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