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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. Pub. res. of Jan. 12, 1903 (32 Stat. 1229); 10 U. S. C. 1427; 34 U. 8. C. 373.
923. Insignia of veterans' organizations; unlawful wearing in the District of Columbia.—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, distinctive 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 fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Act of Mar. 15, 1906 (34 Stat. 62).
924. Campaign and service medals; free issue and replacement.-That the Secretary of War be, and he is hereby, authorized and directed to procure and issue without expense to persons entitled to them, and to the families of such as may be dead, the following service medals, together with the ribbons, clasps, stars, and similar devices as may be prescribed as a part thereof :
(a) Civil War campaign medal; (b) Indian campaign medal; (c) Spanish campaign medal; (d) Spanish War service medal; (e) Cuban occupation medal; (f) Puerto Rico occupation medal; (g) Philippine campaign medal; (h) Philippine congressional medal; (i) China campaign medal; (j) Cuban pacification medal; (k) Mexican service medal; (1) Mexican border service medal; (m) Victory medal and clasps ; (n) fourragere as an individual decoration; (0) any service medal or similar device hereafter authorized : Provided, That the fact that a person is not in or did not die in the service shall not preclude such gratuitous issue. Sec. 1, act of May 12, 1928 (45 Stat, 500); 10 V, S. C. 1415a.
That whenever any article presented under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect 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); 10 U. 8. C. 14156.
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); 10 U. S. 0. 1415c.
925. Unauthorized wearing, manufacture, or sale.--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); act of Apr. 21, 1928 (45 Stat. 437); 10 U. 8. C. 1425.
That hereafter the manufacture, sale, or possession of any badge, identification card, or other insignia, of the design prescribed by the head of any department or independent office of the United States for use by any officer or subordinate thereof, or of any colorable imitation thereof, is prohibited, except when and as authorized under such regulations as may be prescribed by the head of the department or independent office of which such insignia indicates the wearer is an officer or subordinate. Sec. 1, act of June 29, 1932 (47 Stat. 342); 18 U. 8. C. 760.
Any person who offends against the provisions of this act shall, upon conviction, be punished by a fine not exceeding $250 or by imprisonment for not exceeding six months, or by both such fine and imprisonment. Sec. 2, act of June 29, 1932 (47 Stat. 342); 18 U. S. C. 766.
For unlawful wearing of the uniform, see 2148, 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; 4 U. 8. C. 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. S. 1992; 4 U. S. C. 2.
The official fag of the Vice President of the United States was prescribed by Executive Order No. 7285, February 7, 1936.
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 mechandise, 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); 4 U. S. C. 3.
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 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); act of Jan. 8, 1913 (37 Stat. 649); 15 U.S. C. 85.
928a. National anthem. That the composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America. Act of Mar. 3, 1931 (46 Stat. 1508); 36 U.S. C. 144.
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 whaterer 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); 5 U. 8. C. 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. S. 218; 5 U. S. C. 198.
Provisions for the disposition of certain Union and Confederate battle fags, in the custody of the department, made by resolu Feb. 28, 1905, No. 22 (33 Stat. 1284), and resolution of June 29, 1906, No. 43 (34 Stat. 837), are omitted as 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; 4 U. S. C. 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. Seal of the United States; 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. 1994; 4 U. S. C. 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); 18 U. 8. C. 130.
934. Seals of executive departments or establishments; counterfeiting or altering.–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); 18 U. 8. C. 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 of Jan. 31, 1881 (21 Stat. 604); 5 U. S. C. 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 accomplisbments 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.
Public resolution of June 27, 1934 (48 Stat. 1267), authorizes certain retired officers and employees named therein to accept such decorations, orders, medals, or presents as have been tendered them by foreign governments, and directs the Secretary of State to furnish to the 75th and each alternate Congress thereafter a list of those retired officers and employees for whom the Department of State is holding decorations, etc., under this section.
Certain officers and enlisted men of the United States Army were authorized to accept such medals, orders, diplomas, decorations, and photographs, tendered them by foreign governments in appreciation of services rendered, by acts of May 19, 1936 (49 Stat. 1361), and June 15, 1936 (49 Stat. 1515).
Executive Order No. 7577, March 19, 1937, prohibits diplomatic and consular officers of the Government from accepting, in any circumstances, any present, decoration, medal, order, testimonial, or other thing that may be tendered to them by any foreign king, prince, or foreign state, and invites attention to the settled policy of Congress to decline to author. ize acceptance of such decorations, etc., by civilian officers of the Government in active service.
936. Foreign decorations; wearing restricted.--That no decoration, or other thing the acceptance 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. 601); 5 U. S. C. 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. Ch. I, act of July 9, 1918 (40 stat. 872); 10 U. S. C. 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. Ch. I, act of July 9, 1918 (40 Stat. 872); 10 U. S. C. 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. Arf. I, sec. 9. clause 8.