NATIONAL AND STATE LAWS RELATING TO SPANISH WAR VETERANS.

STATE LAWS.

LAWS RELATING TO FLAGS.

CHAFTER 22.

RESOLVE RELATIVE TO THE DISPOSITION OF BATTLE FLAGS.

Resolved, That his excellency the governor be authorized to cause the battle flags of Massachusetts organizations which served in the war with Spain to be placed in the memorial hall of the state house, and that after the flags have been so placed they shall not be removed from the state house without permission of the general court. [Approved March 24, 1899.

CHAPTER 254.

AN ACT TO PREVENT THE IMPROPER USE OF THE FLAG OF THE UNITED STATES OR OF THE COMMONWEALTH OF MASSACHUSETTS.

Be it enacted, etc., as follows:

SECTION 1. It shall be unlawful for any person to display the flag of the United States or of Massachusetts, or any representation thereof, upon which are any words, figures, advertisements or designs: provided, however, that flags belonging to grand army posts, or flags the property of or used in the service of the United States or of this state, may have inscribed thereon the names of battles, and the name and number of the organization to which such flags belong.

SECTION 2. Whoever publicly mutilates, tramples upon, defaces, or treats contemptuously any of said flags, whether such flags are public or private property, shall be deemed guilty of a misdemeanor within the meaning of this act.

SECTION 3. Any violation of the provisions of this act shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and the police, district and municipal courts, and trial justices of the commonwealth, shall have authority within their several jurisdictions to enforce the provisions of this act. [Approved April 10, 1899.

CHAPTER 153.

AN ACT RELATIVE TO THE IMPROPER USE OF THE FLAG OF THE UNITED STATES OR

Be it enacted, etc., as follows:

OF THE COMMONWEALTH.

SECTION 1. Section one of chapter two hundred and fifty-four of the acts of the year eighteen hundred and ninety-nine is hereby amended by inserting after the word "posts", in the fifth line, the words: camps of the legion of Spanish war

veterans, so as to read as follows: Section 1. It shall be unlawful for any person to display the flag of the United States or of Massachusetts, or any representation thereof, upon which are any words, figures, advertisements or designs: provided, however, that flags belonging to grand army posts, camps of the legion of Spanish war veterans, or flags the property of or used in the service of the United States or of this state, may have inscribed thereon the names of battles, and the name and number of the organization to which such flags belong.

SECTION 2. This act shall take effect upon its passage. [Approved March 14,

1901.

CHAPTER 5.

RESOLVE RELATIVE TO THE OBSERVANCE OF FLAG DAY.

Resolved, That the governor shall annually set apart the fourteenth day of June as Flag Day, that date being the anniversary of the adoption of the national flag by the continental congress in the year seventeen hundred and seventy-seven; and shall issue his proclamation recommending that the day be observed by the people of the commonwealth in the display of the flag and in such other ways as will be in harmony with the general character of the day. [Approved February 9, 1911.

CHAPTER 229.

AN ACT TO DEFINE THE FLAG OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

The flag of the commonwealth of Massachusetts shall bear on one side a representation of the coat-of-arms of the commonwealth, as prescribed by section one of chapter two of the Revised Laws, upon a white field, and on the other side a blue shield bearing a representation of a green pine tree, upon a white field. When carried as colors by troops or otherwise, the flag shall be bordered by a fringe and surmounted by a cord and tassels, the fringe, cord and tassels to be of golden yellow. The staff shall be of white ash or of wood of a similar light color, tipped with a spearhead of gilt. [Approved March 18, 1908.

CHAPTER 232.

AN ACT RELATIVE TO THE DISPLAY OF THE UNITED STATES FLAG ON SCHOOLHOUSES. Be it enacted, etc., as follows:

Section fifty of chapter forty-two of the Revised Laws, as amended by chapter two hundred and twenty-nine of the acts of the year nineteen hundred and nine, is hereby further amended by striking out said section and inserting in place thereof the following new section:- - Section 50. The school committee of every city and town shall provide for each schoolhouse in which a public school is maintained and which is not otherwise supplied, a United States flag of silk or bunting not less than four feet in length, and suitable apparatus whereby the flag shall be displayed on the schoolhouse building or grounds every school day when the weather permits, and on the inside of the schoolhouse on other school days. Failure to observe this law for a period of five consecutive days upon the part of the master or principal in charge of the school at the time shall be punished by a fine of not more than five dollars for each period of five days of such negligence, unless such failure is caused

by the school committee in not providing the said master or principal with a flag, in which case the said penalty shall be imposed on those directly responsible for the failure so to supply the said master or principal. Said penalty shall be imposed by any court of competent jurisdiction within the commonwealth. [Approved April 5,

1911.

CHAPTER 464.

AN ACT TO PROHIBIT THE MISUSE OF THE FLAG OF THE UNITED STATES.

Be it enacted, etc., as follows:

SO

Section five of chapter two hundred and six of the Revised Laws is hereby amended by inserting after the word "designs", in the fifth line, the words: - or who shall in this commonwealth expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or articles upon which shall be attached through a wrapping or otherwise, engraved or printed in any manner, a representation of the United States flag, as to read as follows:- Section 5. Whoever publicly mutilates, tramples upon; defaces or treats contemptuously the flag of the United States or of Massachusetts, whether such flag is public or private property, or whoever displays such flag or any representation thereof upon which are words, figures, advertisements or designs, or who shall in this commonwealth expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or articles upon which shall be attached through a wrapping or otherwise, engraved or printed in any manner, a representation of the United States flag, shall be punished by a fine of not less than ten nor more than one hundred dollars; but 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. Trial justices shall have jurisdiction of violations of the provisions of this section. [Approved April 10, 1913.

CHAPTER 678.

AN ACT RELATIVE TO THE CARRYING OR DISPLAYING OF CERTAIN FLAGS.

Be it enacted, etc., as follows:

SECTION 1. No flag other than the national flag of the United States, or a state flag, or the flag of a friendly foreign nation, or of the dependencies of such a nation, shall be carried in parade within this commonwealth.

SECTION 2. No red or black flag, and no banner, ensign or sign having upon it any inscription opposed to organized government, or which is sacrilegious, or which may be derogatory to public morals, shall be carried in parade within this commonwealth.

SECTION 3. Whoever violates any provision of this act may be arrested without a warrant and shall be punished for each offence by a fine of not more than one hundred dollars, or by imprisonment in the house of correction for not more than six months, or by both such fine and imprisonment. [Approved May 19, 1913.

CHAPTER 818.

AN ACT RELATIVE TO THE DISPLAYING OF CERTAIN FLAGS.

Be it enacted, etc., as follows:

SECTION 1. Section one of chapter six hundred and seventy-eight of the acts of the year nineteen hundred and thirteen is hereby repealed.

SECTION 2. This act shall take effect upon its passage. [Approved June 16,

1913.

CHAPTER 570.

AN ACT TO PREVENT EVASION OF THE LAW IN RELATION TO THE USE OF THE FLAG OF THE UNITED STATES OR THAT OF MASSACHUSETTS.

Be it enacted, etc., as follows:

Section five of chapter two hundred and six of the Revised Laws, as amended by chapter four hundred and sixty-four of the acts of the year nineteen hundred and thirteen, is hereby further amended by inserting after the word "thereon", in the twentieth line, the words: - 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 purposes of this act be deemed to be upon the flag, so as to read as follows:- Section 5. Whoever publicly mutilates, tramples upon, defaces or treats contemptuously the flag of the United States or of Massachusetts, whether such flag is public or private property, or whoever displays such flag or any representation thereof upon which are words, figures, advertisements or designs, or who shall in this commonwealth expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or articles upon which shall be attached through a wrapping or otherwise, engraved or printed in any manner, a representation of the United States flag, shall be punished by a fine of not less than ten nor more than one hundred dollars; but 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 purposes of this act be deemed to be upon the flag. Trial justices shall have jurisdiction of violations of the provisions of this section. [Approved May 22, 1914.

CHAPTER 36, GENERAL.

AN ACT RELATIVE TO THE MISUSE OF THE FLAG.

Be it enacted, etc., as follows:

The provisions of chapter five hundred and seventy of the acts of the year nineteen hundred and fourteen shall not apply to publications issued solely for the purpose of giving information in relation to the flag, or to publications issued solely for the purpose of promoting patriotism or encouraging the study of American history; but no words, figures, designs or other marks of any kind shall be placed upon the flag or any representation thereof. [Approved March 14, 1916.

CHAPTER 311, GENERAL.

66

AN ACT RELATIVE TO THE MANNER OF RENDERING THE 'STAR SPANGLED BANNER. Be it enacted, etc., as follows:

SECTION 1. It shall be unlawful in this commonwealth to play, sing or render the "Star Spangled Banner" in any public place, theatre, motion-picture hall, restaurant or café, or at any public entertainment, other than as a whole and separate composition or number, without embellishment or addition in the way of national or other melodies, or to play, sing or render the "Star Spangled Banner”, or any part thereof as dance music, as an exit march or as a part of a medley of any kind. SECTION 2. Any violation of this act shall be punished by a fine of not more than one hundred dollars. [Approved May 25, 1917.

FLAG ETIQUETTE.

The flag should be raised at sunrise and lowered at sunset. It may be raised at other times, but should never be left out at night, except when it is under the fire of an enemy.

On Memorial Day the flag should be displayed at half-staff from sunrise until noon, and at the peak from noon until sunset.

In raising the flag to half-staff or half-mast, it should always be run to the peak and then lowered one breadth of the flag. In retiring it, it should first be run back to the peak and then retired. It should never be allowed to touch the ground.

When the "Star Spangled Banner" is played or sung, stand and remain standing, in silence, until it is finished.

When the flag is passing on parade, or in review, if you are walking, halt; if sitting, rise, stand at attention and uncover.

The flag should never be worn as the whole or part of a costume. As a badge it should be worn over the left breast.

In decorating, the flag should never be festooned or draped. Always hung flat. If hung so stripes are horizontal, union should be in left upper corner.

If hung perpendicularly, union should be in right upper corner.

When the national flag and another flag fly from same pole there should be double halyards, one for each flag.

The flag should never be placed below a person sitting.