The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-12-20
RECENT RULINGS OF
ATTORNEY GENERAL
Virginia Statute Absolutely Protects
Nations CoIors From Use as
an Advertisement.

Official rulings were made on three
| questions of considerable public in
| terest by Attorney General John Gar
land Pollard yesterday in response to
| inquiries directed through the gov
ernor by Joe Beatty Burt. Esq.
The first question was as follows:
HAS Virginia any statute govern
! Ing the use of the United states nag
for advertising purposes?"
| The following reply was made;
THE general assembly of 1915 pass
ed the following act to prevent the
dissertation Of the flag Of the United
States
"I BE 1t enacted by the general
assembly of Virginia, that any per-
son who in any manner, for exhibition
or display, shall place, or cause to be
placed, any word. figure, mark, pic
ture. design. drawing. or an adver-
tisemeut of any nature. upon any Gag
standard. color or ensign of the United
States of America, or shall expose or
cause to be exposed to public view
any such flag, standard, color or en-
sign upon which shall be 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 shall 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 q
receptacle of merchandise, upon
which shall have been printed. paint
ed, attached or otherwise placed a
representation of any such flag stan
dard. color or ensign, TO call adver-
tise, call attention to, decorate. mark
or distinguish the article or substance
on which so placed or who shall pub
i1ciy muuiate, deface. defile, or defy
trample upon or cast contempt. either
by words or act, upon any such flag
standard, color or ensign, shall be
deemed guilty OF a misdemeanor. and
shal be punished by fine not exceed
ine one hundred dollars. or by TN
prisonment for not more than thirty
days. or both, in the discretion OF she
court
q. The words nag, color ensign, as
used in this act shall include any flag
standard. ensign, or any picture or
representation, or either thereof.
made OF any substance. or represented
on any substance. and OF any size evi-
IDENTIFY purportihg to be either OF said
Tag. standard, color or ensign of 4hs'
United States or America, or a pic
ture, or a representation OF either
thereof. upon which shall be shown
the colors, the stars and the stripes,
in any number of either thereof, or
by which the person seeing the same,
without elaboration, may believe the
same 20 represent the flag, color
standard or ensign Of the United
States of America.
8. This act shall not apply to any
act permitted by the statutes of the
United States Of America or by the
United States army and navy reg,ila-
tons, nor shall II be construed to ap-
ply TO a newspa per. periodical. book
pamphlet, circular. certificate. di-
ploma, warrant, or commission OF ap-
poIntment to Office. ornamental pic
ture, article of jewelry, stationery for
uss In correspondence, on any OF
which shall be printed, painted or
placed said flag, disconnected from
any advertisement. Chap. 366, Acts
1916; Vol. Va. Code. p. 117o."
NE-s &.:z$ts, s:7stsozs<i.' tsssfaiay l1ati "a,
90 with circular which he enclosed
in his letter which circular was sent
out by the national crime prevention
committee. Of Chicago, and was de-
signed to show how that the Masonic
fraternity had driven a salon out of
the Masonic Temple building in that
city. The question asked lie Is it a
violation of the advertising section OF
the prohibition act itsection 10, chap
ter 146. acts 1915; volume of Vir-
ginia code, page 100 to send the cir
cular enclosed in Mr. Burtt's letter
to citizens of Virginia?
The attorney general answers as
follows:
The pictures on said circular shows
the entrance to the liquor saloon in
the Masonic Temple in Chicago; the
sign at the entrance reads Masonic
Temple Buffet Brook Hill Whiskies):
one picture shows the sign in place
at the saloon entrance; another pic
ture shows the workmen in the act
~ ~ NY w w