The National tribune., 1910-02-03
Flag in all its details is fixed by law
Following is the exact copy OF the
letter which Mr.. Moss received In reply:

Flag in all its details is fixed by law.
Following is the exact copy of the
letter which Mr.. Moss received In reply:
Navy Department,
washington, Oct. 4, 1903.
"Sir: Replying to your letter or the
l22d ultimo, requesting 1nformaion on
the subject of showing proper respect
to the American Flag, you are Informed
that SO far as the Department is aware
the only National law to prevent an
improper use of the United States Flag
is one that prohibits its use, in whole
or in part, as a trademark Oh. z. No
25474, March 2, 1907), but 1t Is known
that numerous States and Territories
have passed laws to prevent and pun
ish the Dissertation of the United States
Flag
There is no naval regulation cover
ing this subject, presumably from the
fact that, as the Flag is in all details
established by law, such regulation
would be deemed superfuous.
Very respectfully,
wv. P. Potter,
Acting Secretary of the Navy.
Roswell r. Moss, Esq, 210 East Water
street, Elmira, N. W
1t will be seen that the Navy Depart
ment would not countenance for mo-
ment the carrying of a bastard flag of
vessels. Mr.. Potter very plainly says.
The Flag in all it's details is estab-
lshed by law" and "suCn IGs suiativl
would be deemed superfluous." In 9TH
er words, the Acting Secretary of the
Navy states that the flag that Peary
carried is not the United States Flag at
all.
of course, it is hard to make the
people understand that Mr.. Peary is
not a naval officer, and he didn't sail
upon a vessel belonging to the Navy,
1t was private property; he was not
acting in any capacity whatever for
either the Army or Navy at any time
when he went in search Of the North
Pole. Mr.. Peary is not a commander
in the Navy. nor is he a Captain in
the Navy. He draws the pay of a COM
mander, but Is not entitled to the rank
or title. He is listed simply as civil
eng neer. Mr.. Peary didn't even call
at the Navy Department on his first
two or three trips 10 Washington on his
return. and when he did call it was in
the bricfest way imaginable, and he
has made but one call since his
return from the North Pole Mr.. Peary
Uas nOticeably absent from the long
ii:ie of naval officers who called upon
the President on New Years Day. and
he has. Of course, made no report to
the Navy Department on anything that
he d d while on his North Pole trip.
He had heen turned over TO the Coast
and Geodetic Survey TO make some deep
Sonndines for that Department, and
that is Just as far as his official duties
vert on that trip.
There is in New York a section of
the penal code OF the State which makes
the mut;lation OF the Flag when will
ingiy and purposely done subject to
fine, as Mr.. Moss has said, and he sued
Mr.. Peary under that law. The Su-
preme Court Of Chemung County, in
which County Mr.. Moss sued Mr.. Peary,
decided against Mr. Moss, and declared
the Flag. as represented in our iilustra-
ton. not to be deSecshted under tho
New York law. sir. Moss has decided
10 carry this case up to the Supreme
Court. II is said that all of the pa
triotic societies of New York arc stand
ing solidly behind Mr.. Moss in his at
tempt to have the law against desecra-
ton of the Flag properly enforced.
There are in snne 80 States OF the
Union laws against this kind of desc
Grafton, and it is very probable that IL
anyone cared TO push the matter under
the law Of his State that the magazine
which carries the picture as represent
ed would be excluded from the mails
in that State. Mr.. Moss ought to
have the united support of all the Flag
loving people in the country.