on the part of the owner, such article may, under such regulations as the Secretary of War may prescribe, be replaced at cost price: Provided, That to persons in the military service of the United States such article may be replaced free of charge. Sec. 2, act of May 12, 1928 (45 Stat. 500); U. S. C. 10: 1415b.

That the Secretary of War be, and he is hereby, authorized to expend from the appropriations for the support of the Army so much as may be necessary to defray the cost of the issues provided by this Act. Sec. 3, act of May 12, 1928 (45 Stat. 500); U. S. C. 10: 1415c.

925. Unauthorized wearing, manufacture, or sale, of military decorations prohibited. That hereafter the wearing, manufacturing, or sale of the congressional medal of honor, distinguished-service cross, distinguished-service medal, distinguished-flying cross, soldier's medal, or any other decoration or medal which has been, or may be, authorized by Congress for the military forces of the United States, or any of the service medals or badges which have been, or may hereafter be, awarded by the War Department, or the ribbon, button, or rosette of any of the said medals, badges, or decorations, of the form as is or may hereafter be prescribed by the Secretary of War, or of any colorable imitation thereof, is prohibited, except when authorized under such regulations as the Secretary of War may prescribe.

Any person who knowingly offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $250 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Act of Feb. 24, 1923 (42 Stat. 1286), as amended by act of Apr. 21, 1928 (45 Stat. 437); U. S. O. 10: 1425.

For unlawful wearing of the uniform, see 2139, post.

926. Flag of the United States; specifications. The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirty-seven stars, white in a blue field. R. S. 1791; U. S. C. 4: 1.

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. 8. 1792; U. S. C. 4: 2.

Notes of Decisions

Discretion of President. Placing of fringe on the national flag, the dimensions of the flag, and arrangement of the stars are matters of detail not controlled by

statute, but within the discretion of the
President as Commander in Chief of the
Army and Navy. (1925) 34 Op. Atty.
Gen. 483.

927. 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. 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 purporting 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 ensign of the United States of America. Act of Feb. 8, 1917 (39 Stat. 900); U. S. C. 4:3.

Notes of Decisions

State legislation affecting flag.-In the absence of congressional action on the subject, a State has power to penalize the use of contemptuous language in respect to the national flag. Ex parte Starr (D. C. 1920), 263 Fed. 145.

Power of Congress.-The desecration or improper use of the national flag outside

the District of Columbia has not been made a Federal offense, but should Congress wish to assume such control, it has power under the Constitution to do so. (1925) 34 Op. Atty. Gen. 483.

928. Trade-marks comprising the flag prohibited. 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 acccount 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); U. S. C. 15: 85.

929. Flags of demobilized organizations.-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, however, 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 make-up 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); U. S. C. 5: 202.

930. Flags captured in war.-The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of government, all such flags, standards, and colors as are taken by the Army from the enemies of the United States. R. B. 218; U. 8. C. 5: 198.

Provisions for the disposition of certain Union and Confederate battle flags, in the custody of the department, were made by resolution of Feb. 28. 1905, No. 22 (33 Stat. 1284), and resolution of June 29, 1906, No. 43 (34 Stat. 837), but are omitted as now fully executed.

931. Seal of the United States; establishment. The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. R. 8. 1793; U. S. C. 4: 4.

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).

932. Same; custody and use. 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; U. S. C. 4: 5.

The commissions of military officers now bear the seal of the War Department, act of Mar. 28, 1896 (29 Stat. 75), ante, 148.

933. Seals of executive departments or establishments; fraudulent use.— 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); U. S. C. 18: 130.

934. Same; counterfeiting or altering.-Whoever shall falsely make, forge, counterfeit, multilate, 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); U. S. C. 18: 131.

935. Foreign decorations; to be tendered through State Department.—That hereafter any present, decoration, or other thing which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by Act of Congress. Sec. 3, act or Jan. 31, 1881 (21 Stat. 604); U. S. C. 5: 115.

Sec. 1 of this act authorized certain officers named to accept certain decorations, medals, and presents, specified therein, from foreign governments. It is omitted as private and temporary merely.

The act of Feb. 25, 1925 (43 Stat. 979), to recognize and reward the accomplishments of the world flyers, authorized the officers named therein "to accept any medals or decorations tendered to or bestowed upon them by foreign Governments." This appears to be the first authorization of this kind in time of peace.

Notes of Decisions

Consent of Congress.-This section does not authorize the delivery of such presents or decorations to any particular class of officers, or to any officer, unless authority

therefor be first obtained by act of Congress, as required by Const., Art. II, sec. 2, par. 2. (1909) 27 Op. Atty. Gen. 219.

936. Same; wearing restricted.-That no decoration, or other thing the ac ceptance of which is authorized by this Act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. 2, act of Jan. 31, 1881 (21 Stat. 604); U. S. C. 5: 114.

That American citizens who have received, since August first, nineteen hundred and fourteen, decorations or medals for distinguished service in the armies or in connection with the field service of those nations engaged in war against the Imperial German Government, shall, on entering the military service of the United States, be permitted to wear such medals or decorations. Chap. I, act of July 9, 1918 (40 Stat. 872); U. 8. C. 10: 1422.

* Provided, That any officer or enlisted man of the military forces of the United States is hereby authorized to accept and wear any medal or decoration heretofore bestowed by the Government of any of the nations concurrently engaged with the United States in the present war. Act of July 9, 1918 (40 Stat. 872); U. S. C. 10: 1423.

Officers of the United States are prohibited from accepting, without the consent of Congress, any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state, by Const. Art. I, sec. 9, clause 8.