be issued to such person without charge therefor. Joint res. 51, May 2, 1896 (29 Stat. 473).

For the resolution and acts mentioned in this section, see 2754, 2759, ante.

2763. Distinguished service cross established. That the President be, and he is hereby, further authorized to present, but not in the name of Congress, a distinguished-service cross of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distinguished, or who shall hereafter distinguish, himself or herself by extraordinary heroism in connection with military operations against an armed enemy. Act of July 9, 1918 (40 Stat. 870).

2764. Distinguished service medal established.—That the President be, and he is hereby, further authorized to present, but not in the name of Congress, a distinguished-service medal of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distinguished, or who hereafter shall distinguish, himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility; Act of July 9, 1918

(40 Stat. 870-871).

2765. Distinguished service medals issued to replace certificates of merit.** and said distinguished-service medal shall also be issued to all enlisted men of the Army to whom the certificate of merit has been granted up to and including the date of the passage of this Act under the provisions of previously existing law, in lieu of such certificate of merit, and after the pas sage of this Act the award of the certificate of merit for distinguished service shall cease; and additional pay heretofore authorized by law for holders of the certificate of merit shall not be paid to them beyond the date of the award of the distinguished-service medal in lieu thereof as aforesaid. Act of July 9, 1918 (40 Stat. 871).

This section repealed R. S. 1216, as amended by sec. 1, act of Feb. 9, 1891 (26 Stat. 737), and act of Mar. 29, 1892 (27 Stat. 12), which was as follows:

"When any enlisted man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him a certificate of merit."

2766. Philippine congressional medal.-That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device, to be presented to each of the several officers and enlisted men and families of such as may be dead, who, having volunteered and enlisted under the calls of the President for the war with Spain, served beyond the term of their enlistment to help to suppress the Philippine insurrection, and who subsequently received an honorable discharge from the Army of the United States, or who died prior to such discharge. Sec. 1, act of June 29, 1906 (34 Stat. 621).

That the sum of five thousand dollars is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of carrying this Act into effect. Sec. 2, act of June 29, 1906 (3} Stat. 621).

2767. Medal for service by the National Guard in the Spanish War and on the Mexican border. That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device and ribbon, to be presented to each of the several officers and enlisted men, and families of such as may be dead, of the National Guard who, under the orders of the President of the United States, served not less than ninety days in the War with Spain, and who have received an honorable discharge from the service, and who served on the Mexican border in the years nineteen hundred and sixteen and nineteen hundred and seventeen and who are not eligible to receive the Mexican service badge heretofore authorized by the President: Provided, That such medals shall not be issued to men who have, subsequent to such service, been dishonorably discharged from the service or deserted: Act of July 9,

1918 (40 Stat. 873).

Provided, That the Mexican border medal and ribbon issued to National Guard officers and enlisted men under the provisions of the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1919," approved July 9, 1918, shall be issued to National Guard officers and enlisted men who at the same time served as such in the field under the call of the National Guard to such Mexican border service but were stationed for service at points other than on the Mexican border: Provided further, That such medals shall not be issued to men who have subsequent to such service been dishonorably discharged from the service or deserted: * * Act of June 5, 1920 (41 Stat. 973), making appropriations for the support of the Army: National Guard.

Under the above statute at first one medal was issued, similar in design to the Spanish. 1916

War medal now in use, except that upon the sword thereon were inscribed "1898 1917 Congressional National Guard Medal." In January, 1919, that design was superseded by the issue of two badges, the "medal for service in the Spanish War" and the "medal for service on the Mexican border." See G. O. 8 and 76, W. D. 1919.

The award of campaign medals under existing orders takes the place of service stripes and has its origin in General Order 4, War Department, 1905, which was based on R. S. 1296, providing that "The President may prescribe the uniform of the Army" Dig. Ops. J. A. G., 1912, p. 668, III B.

From time to time since the publication of the above order, other general orders of the War Department have been issued establishing badges for various wars and campaigns, and Congress has authorized medals for others, so that now the most important wars and expeditions, including the Civil War, in which the armed forces of this country have been called into action, have been recognized. These medals may be worn as part of the uniform on specified occasions as provided by orders and regulations. Appropriate ribbons, described in Special Regulations 42, may be worn on service uniforms at all times by those entitled to the medals. See Special Regulations 42.

2768. Corps badges. All persons who have served as officers, non-commissioned officers, privates, or other enlisted men, in the Regular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been honorably discharged from the service, or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, respectively, in which they served. R. S. 1227.

2769. National trophy and medals for rifle contests. For the purpose of furnishing a national trophy and medals and other prizes to be provided and contested for annually, under such regulations as may be prescribed by the Secretary of War, said contest to be open to the Army, Navy, Marine Corps, and the National Guard or Organized Militia of the several

States, Territories, and of the District of Columbia, members of rifle clubs, and civilians, and for the cost of the trophy, prizes, and medals herein provided for, **** Act of June 5, 1920 (41 Stat. 971), making appropriations for the support of the Army: National trophy.

Similar provisions appear in previous appropriation acts.

2770. Military society badges.-That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexi can war, and the war of the rebellion, respectively, may be worn upon all ocensions of ceremony by officers and enlisted men of the Army and Navy of the United States, who are members of said organizations in their own right. Joint res. 50, Sept. 25, 1890 (26 Stat. 681).

2771. Unlawful wearing of badges of military societies.-That whoever, in the District of Columbia, not being a member of the Military Order of the Loyal Legion of the United States, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Union Veteran's Union, of the Union Veteran Legion, of the United Spanish War Veterans, of the National Society of the Daughters of the American Revolution, and not entitled under the rules of the order to wear the same, willfully wears or uses the insignia, distinctive ribbon, or badge of membership, rosette, or button thereof, or who uses or wears the same to obtain aid or assistance thereby, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Act of Mar. 15, 1906 (34 Stat. 62). 2772. Badges of societies of veterans of the Spanish-American war.-That the distinctive badges adopted by military societies of men "who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines" may be worn, upon all occasions of ceremony, by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. Sec. 41, act of Feb. 2, 1901 (31 Stat. 758).

Persons

Notes of Decisions.

entitled to wear. The words "members of said organizations in their own right" include all those who, under the rules of these orders, were eligible for

membership, either because of their own service or because of their kinship to one who had been in the service. (1901) 23 Op. Atty. Gen. 454.

2773. Badges of societies of veterans of the Chinese relief expedition.-That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. Joint res. 2, Jan. 12, 1903 (32 Stat. 1229).

2774. Badge of the Army and Navy Union of the United States.-That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint res. 26, May 11, 1894 (28 Stat. 583).

That the distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint res. 18, Mar. 2, 1907 (34 Stat. 1423).

2775. Design of the flag.-The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirtyseven stars, white in a blue field. R. S. 1791.

2776. Stars added to the flag.-On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. R. S. 1792.

2777. Disrespect to the flag in the District of Columbia.-That hereafter any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag, standard, colors or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors or ensign upon which shall have been 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, within the District of Columbia, shall manufacture, sell, expose for sale or to public view or give away or have in possession for sale or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached or otherwise placed a representation of any such flag, standard, colors or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, colors or ensign, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. * Act of Feb. 8, 1917 (39 Stat. 900).

*

2778. Definition of the flag.—* The words "flag, standard, colors, or ensign," as used herein, shall include any flag, standard, colors, ensign or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purport

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.