The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-06-15

portion of the statute with refer
ence to the mutilation, defacing, ETC.,
was expressly excepted from this
holding. This New York law also had
an exception to the effect that it die
not apply to the use of the flag by
the U. s. army, navy. or whera it
was used in printed matters such as
books, papers, or any diplomas, gov
eminent papers such as warrants or
commissions, or in ornamental pic
lures, jewelry or stationery-in fact,
anything disconnected from advertise
ments.
Is Held Constitutional.
In 1903 also. Nebraska passed an
act to prevent and punish the desc
Grafton of the U. S. flag. which act
was almost Identical with the New
York act: and in 1905 the supreme
court of Nebraska held this act con-
stitutional This man Halter was
engaged in selling beer in bottles, to
which was attached label of the u.
S. flag which was a registered trade
mark of the defendant Halter claim
ed that the flag act violated the fed
eral constitution and relief upon the
Illinois and New York cases supra
Judge Albert writes the opinion Of
the supreme court of Nebraska, and
carefully reviews the Illinois and New
York decisions. OF course the state
of Nebraska would in no way be
bound by the decisions of New York
or Illinois, but where there are no
other decisions in the same state the
courts often give great weight to the
decisions of sister states. In this
case, however. Judge Albert differs
with the New York and Illinois courts
on every proposition. and finds that
the act does not violate the u. S.
constitution. The opinion is too long
to review here except to quote a
small part Of same as follows:
After a somewhat lengthy discus
sion Of the doctrine just referred to,
the court, in Ruhstrat VS.. People.
supra. held that the statute was not
calculated 20 promote any of the OBJ
jects just enumerated, and was there
fore unconstitutional and void. Again
We find ourselves unable to agree
with court to whose opinions, ordin-
arily, we attach great weight. Patriot
ism has ever been regarded as the
highest civic virtue, and whatever
tends to foster that virtu., certainly
makes for the common good. That
familiarity breeds contempt has the
force of a maxim. That contempt or
disrespect for an emblem begets
like state of mind toward that for
which it stands is a psychological law
which underlies the canons against
proclamation which abound in every
system of religious instruction. Such.
inhibitions against the irreverent use
Ne
trary EXAMINATIONS. but are grounded
on sound practical considerations and
the conviction that such use of the
sacred emblems of religion is inimical
to the cause of religion itself. The
legislation under consideration may
be justified on the same principle
The flag is the emblem of national
authority. To the citizen 1t is an OBJ
ject of patriotic alteration, emblematic
of all for which his country stands
her institutions, her achievements.
her long roster of heroic dead, the
story of her past. the promise of her
future; and 1t is not fitting that it
should become associated in his mind
with anything less exalted. nor that
it should be put to any mean or ig-
noble use.'
"1n 1900 the state of Iowa passed
a law. which was very brief. as fol-
lows:
OF any person shall publicly mutt
late, insult. trample upon. or defils.
by act, anv flag. standard. color, or
ensign of the United States. he shall
be deemed guilty of misdemeanor.'
'In 1908 this short act was repeal
ed. and in lieu thereof was passed the
present flag law found IN the 35th
Gen. Assem- Oh. 3os.
'T might add that the United States
laws with reference to the flag are
quite brief. In 1894. and as amended !
in 1918. congress provided as follows:
1.-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 On the admis- |
sion of new state in the union, one |
star shall take effect on the Fourth /
Of July next succeeding admission
I'm 1914 short act was passed
with reference to collecting flags TAX
IN by the army and navy from the
enemies. and also providing for the |
OF such flags.
$50 far as have been able to learn
here has been no other legislation
by congress on the flag question ex-
,ept that the trade mark law was !
in 1907 by providing that
10 trademark should be refused /
unless such mark consist
I'd of or comprised the flag, or coat
Of arms, or any insignia of the U. s..
,r any stimulation thereof, Or Of any
state or municipality, or of any for
sign nation"
Daughters Are RESPONSIBLE.
In the course of his remarks, Mr..
blood said that the present Iowa flag
aw was the work of the s. A. r. He
said that he understood from Cap
ain HadIey that the bill which the
Daughters had prepared was consid-
,red too weak and thar stronger