ing to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the Stars and Stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard or ensign of the United States of America. Act of Feb. 8, 1917 (39 Stat. 900). 2779. Trade-marks comprising the flag.--That no mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark- * * * (b) Consists of or comprises the flag or coat of arms or other insignia of the United States or any simulation thereof, or of any State or municipality or of any foreign nation, or of any design or picture that has been or may hereafter be adopted by any fraternal society as its emblem, or of any name, distinguishing mark, character, emblem, colors, flag, or banner adopted by any institution, organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant: Sec. 5, act of Feb. 20, 1905 (33 Stat. 725), as amended by act of Jan. 8, 1913 (37 Stat, 649). 2779. Colors of demobilized organizations.-That the Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper official of the War Department a receipt from the quartermaster-general of said State that said colors have been delivered to said State authorities. Act of Feb. 25, 1899 (30 Stat. 890). That the Secretary of War be, and he hereby is, authorized to dispose of all colors, standards, and guidons of demobilized organizations of the United States Army in the following manner: Any which were used during their service by such organizations and which were brought into the service of the United States from the National Guard of any State may be returned to that State upon request therefor from the governor thereof; and all others may be sent, upon request of the governor thereof, to whatever State the Secretary of War may determine to have furnished the majority of men to any such organization at the time of its formation: Provided, however, That where it is impossible to determine what State furnished a majority of the men of an organization at the time of its formation, or where any organization was so cosmopolitan in its original makeup that it is impossible to identify it with any particular State, the colors of such organization will be turned in to the Quartermaster General for such national use as the Secretary of War may direct: Provided further, That the title to all such colors, standards, and guidons shall remain in the United States: And provided further, That the Secretary of War shall require assurance that proper provision has been or will be made for their care and preservation before returning or sending the same as herein authorized. Sec. 2, act of Mar. 4, 1921 (41 Stat. 1438-1439). 2780. Seal of the United States.-The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. R. S. 1793. An appropriation to enable the Secretary of State to have the Great Seal of the United States recut was made by the deficiency appropriation acts for the fiscal years 1902 and 1903, act of July 1, 1902 (32 Stat. 552), and act of Mar. 3, 1903 (32 Stat. 1032). 2781. Secretary of State to keep and affix the seal.-The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for officers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. R. S. 1794. The commissions of military officers now bear the seal of the War Department, act of Mar. 28, 1896 (29 Stat. 75), ante, 2259. 2782. Fraudulent use of the seal cf an executive department.-Whoever shall fraudulently or wrongfully affix or impress the seal of any executive department, or of any bureau, commission, or office of the United States, to or upon any certificate, instrument, commission, document, or paper of any description; or whoever, with knowledge of its fraudulent character, shall with wrongful or fraudulent intent use, buy, procure, sell, or transfer to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 1. title X. act of June 15, 1917 (40 Stat. 227). 2783. Counterfeiting or altering seals.-Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be made, forged, counterfeited, mutilated, or altered, or shall willingly assist in falsely making, forging, counterfeiting, mutilating, or altering the seal of any executive department, or any bureau, commission, or office of the United States, or whoever shall knowingly use, affix, or impress any such fraudulently made, forged, counterfeited, mutilated, or altered seal to or upon any certificate, instrument, commission, document, or paper, of any description, or whoever with wrongful or fraudulent intent shall have possession of any such falsely made, forged, counterfeited, mutilated, or altered seal, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. Sec. 2, title X, act of June 15, 1917 (40 Stat. 228). 2784. Forging or altering passes.-Whoever shall falsely make, forge, counterfeit, alter, or tamper with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with wrongful or fraudulent intent shall use or have in his possession any such pass or permit, or shall personate or falsely represent himself to be or not to be a person to whom such pass or permit has been duly issued, or shall willfully allow any other person to have or use any such pass or permit, issued for his use alone, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Sec. 3, title X, act of June 15, 1917 (40 Stat. 228). 146345°-21-VOL 2-25 1309, Penalty, 2792. Civil rights protected, 2793. Peonage prevented, 2794. Protection of national parks: Yellowstone National Park, 2795. Parks in California, 2796. Rights of a discoverer protected, 2797. Military forces employed, 2798. Arrest of Indians, 2800. Live stock of restricted Indians, 2801. Sale, 2802. Intoxicants prohibited In Indian country, 2803. For Indians, 2804. Furnished by soldiers, 2805. Wines for sacramental purposes, 2806, Search for concealed liquors, 2807. Removal of persons from Indian country, 2810. Unauthorized settlers, 2811. Philippine Islands, 2818. Insurrection against the Federal Govern ment: Suppression by armed forces, 2819, Suspension of commercial intercourse: Part of State in insurrection, 2823. Persons affected, 2824. Licenses to trade, 2825. Trading without license, 2826. Vessels detained, 2827. Armed forces employed, 2828. Confiscation of property Seizure, 2829. Condemned in court, 2830. Proceedings of condemnation, 2831. Vessels, forfeited, 2832. Liens upon condemned vessels, 2833, Declaration of war: By Congress, 2834. With Germany, 2835. With Austria-Hungary, 2836. 2785. Raising armies.-The Congress shall have Power To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; tion of the United States. Notes of Decisions. Raising and supporting armies-In general. A State law imposing a tax on passengers held void, as interfering with the power of the Federal Government to declare and prosecute war, and as a necessary incldent to raise and transport troops through and over territory of any State, Crandall v. Nevada (1867), 6 Wall. 35, 44, 18 L. Ed. 745. Among the powers assigned to the National Government is the power "to raise Art. I, sec. 8, Constitu be taken, the compensation he shall be allowed, and the service to which he shall be assigned. Tarble's Case (1871), 13 Wall. (U. S.) 397, 408, 20 L. Ed. 597. The act providing for the reduction of the Army by mustering out certain officers, act of July 15, 1870 (16 Stat. 314), was an exercise of the power "to raise and support armies." Street v. U. S. (1889), 24 Ct. Cl. 230; affirmed, Street v. U. S. (1890), 133 U. S. 307, 10 Sup. Ct. 309, 33 L. Ed. 631. This clause does not confer on Congress the power to designate by law a person to fill a military office, since this would be in direct conflict with the power of appointment given the President by Const. art. 2, sec. 2. (1884), 18 Op. Atty. Gen. 18, 26. The power to raise and support armies is plenary, and without limitation or restriction. (1909), 27 Op. Atty. Gen. 260. The power of Congress to provide for the trial and punishment of military and naval offenses, under the above and other provisions of Article 1, section 8, of the Constitution, is independent of the judicial power defined in Article 3 of the Constitution. U. S. v. McDonald (D. C. 1920), 265 Fed. 754. Conscription.-The Constitution of the United States authorizes Congress to raise armies, and also to call forth and organize the militia of the several States. Under this twofold power, both regular national armies and occasional militia forces from the several States may be raised, either by conscription or in other modes. McCall's Case (D. C. 1863), Fed. Cas. No. 8,669. Under the grant of power to raise and support armies and call out the militia, Congress has power to make and authorize such orders and regulations as may be nec essary to prevent those who are liable by law to military service from evading that duty, such as an order to prevent them from leaving the country and State, to avoid an impending draft. Allen v. Colby (1867), 47 N. H. 544. Enlistment of minors.-This clause gives Congress power to enlist minors in the Army without the consent of their parents. U. S. v. Bainbridge (C. C. 1816), Fed. Cas. No. 14,497. Under this clause Congress may provide for the enlistment of minors, with or without the consent of their parents, and may give such effect and conclusiveness to the contract of enlistment as it may deem best. In re Davison (C. C. 1884), 21 Fed. 618. The United States has a right to prescribe the rules and conditions under which voluntary or compulsory services are to be rendered by citizens, and the period at which persons reach their majority and become sui juris with respect to the ordinary affairs of life can not abridge this power of the General Government. (1896), 21 Op. Atty. Gen. 327. See also 2168, 2169, ante. State courts.-In view of the constitutional grant of power to Congress to raise and support armies " and "to provide for the Government and regulation of the land and naval forces," a State judge has no jurisdiction to issue a writ of habeas corpus, or to continue proceedings under the writ when issued, for the discharge of a person held under the authority, or claim or color of authority, of the United States, by an officer of that Government. Tarble's Case (1871), 13 Wall. (N. S.) 397, 408, 20 L. Ed, 597. 2786. Calling forth the Militia.-The Congress shall have Power To provide for calling forth the militia to execute the Laws of the Union, to suppress Insurrections and repel invasions; tion of the United States. Art I, sec. 8, Constitu For draft of the National Guard into Federal Service, see 2549, ante. Notes of Decisions. Power of Congress in general.-Act of May 2, 1792, act of May 8, 1792, act of Jan. 3, 1795, act of Feb. 28, 1795, and act of Apr. 18, 1814, providing for calling forth the militia to execute the laws of the United States, suppress insurrections, and repel invasion, and for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, amount to a full execution of the powers conferred on Congress by the constitution. Houston v. Moore (1820), 5 Wheat. 1, 12, 5 L. Ed. 19. Congress is not deprived of its power under this clause when the necessity for its exercise is called out by civil war. Tyler v. Defrees (1870), 11 Wall. 331, 345, 20 L. Ed. 161. Under the twofold power to raise armies and call forth the militia, both regular national armies, and occasional militia forces from the several States, may be raised, either by conscription or in other modes. McCall's Case (D. C. 1863), Fed. Cas. No. 8,669. The provision of the Military Code that the commander in chief shall have power |