The National tribune., 1909-01-14
DISSERTATION OF THE FLAG.

There is a marked increase in the
feeling all over the country for the
passage by Congress of a law prevent
ing the desecration of the Flag. The
Grand Army of the Republic and the
Woman's Relief Corps have been do,
ling great work in intoxicating rever-
ence for the Flag, and the Sons OF
the Revolution and other patriotic So
cieties have joined heartily in this
One bill has passed the Senate, and
lit, with several others, is in the Ju-
dietary Committee of the House OF
Representatives, with the Chairman
Judge Jenkins, of Wisconsin, -disin-
clined to report it to the House for
action. Judge Jenkins's reasons are that
he is opposed to the multiplication of
crimes on the statute books; that he
knows of no desecration of the Flag,
and that if there is it is matter for
| the States to regulate, being within
their powers and outside of those dele
gated to the General Government.
Judge Jenkins's views are not shared in
! by number of the committee. and
particularly by. Richard w. Parker, of
New Jersey: Chairman of one of the
sub-committees. At the hearing by the
subcommittee last Saturday, Judge
Parker was exceedingly courteous and
expressed the greatest sympathy with
the wishes of those who were seeking
to secure the passage of the bill. AS
to whether the committee would report
the bill at this session he could not
say
The opposition to the bill comes
from purely technical objections from
lawyers, based upon the assumption
that it is beyond the powers delegated
to the Government by the Constitution,
and if such law is needed it should
be passed by the several States, which
have abundant police powers TO detect
and punish offenders If the United
States has the power to pass such a
law it would involve the establishment
of a special force to see to its inforce-
ment
It seems to us that these objections
are all ill-founded. There are many
things not absolutely specified in the
Constitution of the United States but
which are so inherently within the
power of the Government that they1
are accepted with as much force as/if
specifically prescribed. 1t seems to Us
ensign, the emblem of its power and
authority, is absolutely and indefeasibIy
inherent in the prerogatiyes of Gov
ernment. 1t is of the same nature as
the Governments right to protect its
existence and to inforce its laws. These
do not require any written sanction
they exist in the very nature of things |
We demonstrated this in the war OF |
the rebellion. The strictly legal minds |
of the South asserted very yehemently |
that there was~nothing in the Consti- |
tuition to warrant making war upon & |
sovereign State, but with or without
the Constitution the common sense of |
mankind recognized that Government |
could not commit suicide, and that it |
had all the powers necessary to protect |
Itself and suppress insurrection. It
would not be a Government IL it had
not. II is exactly the same with re-
gard to the Flag. The respect paid to |
the Flag is as naturally a part of the |
Governments care as the protection of
the Ration against insurrection or in
vasion
Among the various bills that are now
before the judiciary Committee of the |
House OF Representatives is one by
Comrade Joseph 4. Goulden, Repre-
sentative from the 18th District of |
New York, and who has been partic-
ularly active and efficient in promoting !
Flag legislation in New York State |
He was instrumental in having the law
passed to protect the Flag, and had
personally secured more than so con-
victions under it. His bill is a copy |
Of the law of New York, and reads
as follows:
BE it enacted by the Senate and
House OF Representatives of the United
States OF America in Congress assem-
oled, That any person who in any man
ner, for exhibition or display, shall.
after this act takes effect, place or
cause to be placed any word, figure,
mark, picture, design, drawing, or any
advertisement of any nature upon any
Flag. standard, color. or ensign of the
United States. or State/Flag- or ensign.
Or snail expose or cause TO be exposed
10 public view any such Flag. standard,
,olor, or ensign upon which, after this
act takes effect, Shall have been
printed, painted, or otherwise placed
or to which shall be attached. an
pended, affixed. or annexed, any word
1gure, mark, picture, design, or draw
ing, or any advertisement of any nature
OF who shall, after this act shall take
effect, expose to public view manufac-
ture- 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 arti-
cie OF merchandise, or a receptacle of
or article or thing for
carrying Or transporting merchandise
upon which, after this act takes effect. |
snail have been printed, painted, at
-ached, or otherwise placed, repre-
5entation OF any such Flag, standard
color, or ensign, to advertise call atten-
ion to- decorate, mark, or distinguish
he article or substance on which SO
placed. or who shall publicly mutilate
ieface, defile. trample upon, or cast
contempt, either by words or act upon
any such Flag, standard, color, or en-
sign, shall be deemed guilty of a mis-
iemeanor. and shall be punished by
4 fine not exceeding $l06 or by i'm
prisonment for not more than 80 DAYS.
Or both, in the discretion of the court |
and shall also forfeit a penalty of $50
Tor each OffenSe tn he ras0vprad with |