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FLAGS.

Section.

168

State flag adopted....
National or State flag:

Over public buildings.
In parades...
Flag days...
Cabinets to display flags.
Inscriptions on flag..
Salute to the flag..
Information on the American flag.

Courts will take judicial notice....
Desecration of the flag:
Uniform flag law.

Exemption from provision..
Not to be used as party emblem....
Foreign flag..

169-174 175, 176 177, 178

179 180

181 182, 183 181, 185

186 187 188 189

168. State flag adopted.-A State flag is adopted, with details and the provision that the colors to be used in said flag as red, white, and blue shall be the same colors used in the flag of the United States of America, with all the penalties for misuse of the National flag made applicable to the State flag.

Wyoming, Laws 1917, ch. 8! 169. Suitable flags to be provided.-Boards of school trustees and of education of all districts and cities shall provide for each schoolhouse a suitable flag of the United States, which shall be hoisted above each schoolhouse during all school sessions; also, to provide smaller suitable United States flags to be displayed in each schoolroom at all times during school sessions.

California, Pol. Code 1915, ser. 1617a. Similar provisions, providing flagstaff, hours of display, etc.: Colorado, Rev. Stat. 1908, secs. 5928–32; Connecticut, 1 Gen. Stat. 1918, sec. 860; Delaware, Rev. Code 1915, sec. 2288; Hawaii, Rev. Laws 1915, secs. 657-61; Illinois, 5 Ann. Stat. 1913, pars. 10136, 10410, 10414–15; Kansas, Gen. Stat. 1915, secs. 9445–48; Maryland, Laws 1918, ch. 75, secs. 1, 176a, p. 121; Massachusetts, Rev. Laws 1902, ch. 42, sec. 50; Acts & Res. 1909, ch. 229, sec. 1; Michigan, 4 Howell's Ann. Stat. 1912, sec. 10067; Minnesota, Laws 1917, ch. 313; Gen. Stat. Supp. 1917, secs. 2807–2, 2807-3; Montana, 1 Rev. Codes 1907, secs. 887–88; Nebraska, Laws 1917, ch. 228; New Jersey, 4 Comp. Stat. 1910, sec. 230, p. 4803; New Mexico, Laws 1917, ch. 105, sec. 19; Ohio, 3 Ann. Gen. Code 1910, sec. 7621; Oklahoma, Laws 1913, ch. 219, art. 17, sec. 4, p. 581; Oregon, 2 Lord's Laws 1910, sec. 4057; Pennsylvania, 1 Purdon's Dig. 1905, p. 678, sec. 199; p. 5582, sec. 209; Rhode Island, Gen. Laws 1909, ch. 67, secs. 14–16; Texas, Gen. Laws 1918, ch. 17, 38; Utah, Comp. Laws 1907, sec. 1965x; Laws 1907, ch. 32; Vermont, Gen. Laws 1917, sec. 1326; Virginia, Acts 1916, ch. 169, p. 327; Washington, Laws 1915, ch. 71; Wisconsin, Stat. 1917, sec. 40.27 (3).

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170. Displayed on capitol building.–The comptroller shall cause the national flag to be displayed on the capitol building from sunrise to sunset of every day.

Connecticut, 1 Gen. Stat. 1918, sec. 165. Similar provisions relating to display on courthouses and other public institutions, including county memorial halls, stating hours of display, etc.: Hawaii, Laws 1917, act 112; Laws 1915, secs. 657–61; Illinois, 5 Ann. Stat. 1913, pars. 10410, 10414-15; Louisiana, 2 Marr's Ann. Rev. Stat. 1915, sec. 5242; Massachusetts, Acts & Res. 1909, ch. 60; Michigan, 1 Howell's Ann. Stat. 1912, sec. 858; Montana, 1 Rev. Codes 1907, sec. 265; Nebraska, Rev. Stat. 1913, sec. 3755; New Jersey, Laws 1917, ch. 219; 4 Comp. Stat. 1910, sec. 20, p. 4898; New York, Laws 1917, ch. 50, ch. 399; Pub. Buildings Law, sec. 4; North Dakota, 1 Comp. Laws 1913, sec. 1820; Laws 1915, ch. 28; Ohio, 3 Ann. Gen. Code 1915, Supp., sec. 12395; 106 Laws 1915, p. 341; Pennsylvania, Pub. Laws 1911, p. 834–6; Rhode Island, Gen. Laws 1909, ch. 64, secs. 7-9; South Carolina, Acts 1918, No. 637, p. 1148; West Virginia, 1 Hogg's Code 1913, sec. 310.

171. Displaying any flag except that of the United States unlawful.-It shall be unlawful to display any flag upon a State, county, or municipal building, except the flag of the United States. When any foreigner shall become the guest of the United States or of this State or a city, or upon the occasion of the visit of any minister, envoy, or ambassador in his official or representative capacity, the flag of his country may be displayed upon such public buildings.

Colorado, Rev. Stat. 1908, sec. 2579. Similar provisions: Connecticut, Gen. Stat. 1902, sec. 1385, p. 387; 2 Gen. Stat. 1918, sec. 6466 (does not permit display on schoolhouse); Delaware, Rev. Code 1915, sec. 3472; Massachusetts, Acts & Res. 1902, ch. 206, secs. 5, 6; New Jersey, 2 Comp. Stat. 1910, sec. 1, p. 2561; New York, Pub. Buildings Law, sec. 81; Ohio, 6 Ann. Gen. Code 1910, sec. 12395; Rhode Island, Gen. Laws 1909, ch. 349, sec. 38.

172. Flag shall be kept floating from the flagstaff at Fort Mackinac.-It shall be the duty of the superintendent of Mackinac Island State Park to see to it that the United States flag is kept floating from the flagstaff at Fort Mackinac, the rules relative thereto being the same as those that have governed in that manner when the State was in possession and occupancy by the United States troops.

Michigan, 4 Howell's Ann. Stat. 1912, sec. 10412. 173. Displayed over polling place.-The governing body of every city, village, and town shall cause the national flag to be displayed on a suitable staff over each polling place during all hours of registration and voting.

Minnesota, Gen. Stat. 1913, sec. 412. Similar provisions: New York, Laws 1913, ch. 783, sec. 300a; Wisconsin, Stat. 1917, sec. 6.79.

174. Foreign flag shall not be displayed.-No other flag than the Stars and Stripes, which is our national emblem, shall be allowed to wave from any public building in this Commonwealth, except such as

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may be occupied by the duly accredited ministers or consuls of foreign civil powers to these United States. At all public processions no red flag shall be carried or displayed, but the flag of any county, city, borough, or other municipality in the State may be displayed on public buildings.

Pennsylvania, Pub. Laws 1913, No. 15, p. 12; No. 276, p. 419, 175. Military organizations to carry only National or State flag.-All military organizations provided for by this State, and receiving State support, shall, while under arms, either for ceremony or duty, carry no device, banner, or flag of any State or nation, except that of the United States or the State of California.

California, Const. art. 8, sec. 2. Similar provisions: Idaho, const. art. 14, sec. 5; Montana, 3 Rev. Codes 1915, Supp. sec. 1109z; Washington, Pierce's Code 1912, tit. 337, sec. 191, p. 1447; Wyoming, Const. art. 17, sec. 4. 176. Certain flags not permitted to be carried in parades.

No flag shall be permitted in any parade unless accompanied by the flag of the United States. No flag, banner, ensign, or sign, being in itself or having upon it any inscription opposed to organized government or derogatory to morals, shall be carried in any parade or displayed in any public manner.

Rhode Island, Laws 1914, ch. 1030. 177. Flag day.—The governor shall annually set apart the 14th day of June as Flag Day, and shall issue his proclamation recommending that the day be observed by the people in the display of the flag and other ways in harmony with the general character of the day, that date being the anniversary of the adoption of the national flag by the Continental Congress in the year 1777.

Massachusetts, Resolves 1911, ch. 5, Similar provision: Michigan, 6 Howell's Ann. Stat. 1912, p. 5945.

178. State and National flags shall be displayed on May 4.-The governor shall cause a display of State and National flags on all armories and other State buildings from sunrise to sunset, in honor of Rhode Island Independence Day, on each and every fourth day of May, being a just tribute to the memory of the members of our general assembly who, on May 4, 1776, in the state house at Providence passed an act renouncing allegiance of the Colony to the British Crown, and by the provisions of that action declared it sovereign and independent—the first official act of its kind by any of the thirteen American Colonies.

Rhode Island, Gen. Laws 1909, ch. 64, secs. 7-9. 179. Cabinets for the displaying of standards.-Appropriation is made for suitable cabinets to display colors, flags, guidons, and standards carried by California soldiers in the Civil War, the Spanish

p. 1032.

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American War and other active service, and to place them in the rotunda of the State capitol.

California, Stat. 1911, ch. 357, p. 619. Similar provisions include Confederate flags, those used in the Mexican War and other battle flags of historical value; Georgia, 6 Park's Ann. Code 1914, sec. 1424; Kentucky, 1 Stat. 1915, sec. 2668, par. 12; Maryland, 1 Code Pub. Civil Laws 1911, art. 65, sec. 98-102; Michigan, 1 Howell's Ann. Stat. 1912, secs. 1762–63; Minnesota, Gen. Stat. 1913, sec. 3993; Nebraska, Rev. Stat. 1913, sec. 3907; Ohio, 4 Ann. Gen. Code 1915 Supp., sec. 15291-1; 106 Laws 1915, p. 304; 6 Ann. Gen. Code 1910, sec. 15291; Pennsylvania, Pub. Laws 1913, No. 291, p. 438; Pub. Laws 1911, p. 834–6; Rhode Island, Laws 1917, ch. 1461; Texas, 4 Vernon's S. Civ. Stat. 1914, arts. 5605–7; Virginia, acts 1906, ch. 266, p. 467; West Virginia, 1 Hogg's Code 1913, sec. 395.

180. Names of battles and name and number of organization may be inscribed on flag.-A flag which belongs to a Grand Army post, to a camp of the Legion of Spanish War Veterans, or which is the property of or is used in the service of the United States or of this Commonwealth, may have the names of battles and the name and number of the organization to which such flag belongs inscribed thereon. Words, figures, advertisements, or designs attached to or directly or indirectly connected with the flag or any representation thereof, in such manner that the flag or its representation is used to attract attention to or advertise such words, figures, advertisements, or designs, shall for the purpose of this act be deemed to be upon the flag.

Massachusetts, Acts & Res. 1914, ch. 570. 181. Salute to the flag.-A program providing for a salute to the flag and other patriotic exercises in the public schools, and special observations on Lincoln's Birthday, Washington's Birthday, Memorial Day, Flag Day, and other legal holidays of like character, is directed.

Arizona, Rev. Stat. 1913, secs. 2843–45. Similar provisions: Connecticut, Laws 1905, ch. 146, p. 355; 1 Gen. Stat. 1918, sec. 862; Kansas, Gen. Stat. 1915, secs. 9445-48; Maryland, Laws 1918, ch. 75, secs. 1, 176a, p. 121, Nebraska, Laws 1917, ch 228; Rhode Island, Gen. Laws 1909, ch. 64, secs. 7–9; ch. 67, secs. 14-16; Texas, Gen. Laws 1918, ch. 17, 38; Washington, Laws 1915, ch. 71.

182. Book or memorial upon the American flag.–The board of education is directed to investigate the matter of publishing a book or memorial upon the American flag, containing its history and such other matters as the board may consider proper, for the purpose of

, furnishing copies to teachers in the public schools and of directing that instructions from the book be given to the pupils of such grades as the school committees may determine. Massachusetts, Acts & Res. 1913, ch. 61, p.

1152.

183. Information concerning the national flag.--The secretary of the Commonwealth is authorized to publish, in pamphlet form, information concerning the national flag, its history and anniversaries, a calendar of American history, the seal, coat of arms, and flag of the Commonwealth, the statutes of the Commonwealth and of the United States relating to the national flag and the State flag, and such other material likely to promote patriotism, as he may deem advisable. .

Massachusetts, Acts & Res. 1917, ch. 181. 184. Courts will take judicial notice. The courts will take judicial notice of the national flag and seal of every State or sovereign recognized by the executive power of the United States (el. 74); of treaties between the United States and foreign countries (cl. 45); of the public acts and proclamations carrying the treaties into effect (cl. 46); of the dates of the ratification of treaties and of the authority thereunder conferred upon the President of the United States (cl. 47).

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North Dakota, 2 Comp. Laws 1913, sec. 7938. 185. Courts will take judicial notice.-Courts will take judicial notice of the national flag of the United States.

Oregon, 1 Lord's Laws 1910, sec. 729. 186. Desecration of the flag, or the uniform flag law.--Any person who, in any manner, for exhibition or display, puts or causes to be placed any inscription, picture, design, device, symbol, name, advertisement, word, character, mark, or notice upon any flag, standard, color, or ensign of the United States or State flag of this State, or ensign evidently purporting to be either of said flags, standards, colors, or ensigns, or who in any manner appends, annexes, or affixes to any such flag, standard, color, or ensign any inscription, picture, design, device, symbol, name, advertisement, word, mark, notice, or token, or who displays or exhibits or causes to be placed or exhibited any flag, standard, color, or ensign of the United States, or flag of this State, or flag, standard, color, or ensign evidently purporting to be either of said flags, standards, colors, or ensigns, upon which shall in any manner be put, attached, annexed, or affixed any inscription, picture, design, device, symbol, name, advertisement, word, mark, notice, or token, or who publicly misuses, mutilates, tramples upon, or otherwise defaces or defiles, or puts indignity upon any of said flags, standards, colors, or ensigns, whether any of said flags, standards, colors, or ensigns are public or private property, shall be fined not more than $100 or imprisoned not more than six months, or both, for each offense; provided flags, standards, colors, or ensigns the property of or used in the service of the United States or of this State may have inscriptions, names of actions, word, marks, or symbols which are placed thereon pursuant to law or authorized regulations; and provided, this section shall not apply to any news

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