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HOUSE OF REPRESENTATIVES,

COMMITTEE ON THE JUDICIARY,
Wednesday, January 25, 1928.

The committee met at 10 o'clock a. m., Hon. Leonidas C. Dyer (acting chairman) presiding.

Mr. DYER. The committee will take up House Joint Resolution 11, introduced by Representative Brand of Ohio.

Judge Brand is here, and the committee will hear him now. (The bill referred to is as follows:)

[House Joint Resolution 11, Seventieth Congress, first session]

JOINT RESOLUTION To adopt an official flag code of the United States

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rules and regulations for the use of The Flag of the United States are hereby adopted as the official flag code of the United States and shall be observed on land by all branches of the Government of the United States:

FLAG CODE

1. The Flag of the United States of America shall consist of thirteen horizontal stripes, seven red and six white-alternately red and white-and a union of forty-eight white stars on a blue field in the upper left corner of The Flag: Provided, That on the admission of every new State into the Union, one star shall be added to the union of The Flag, and that such addition shall take effect on the 4th of

July then next succeeding such admission; the top horizontal stripe shall be red; the union shall extend to the lower edge of the fourth red stripe from the top; the white stars shall be five pointed stars placed in six horizontal rows and eight vertical rows, each star with one point extending vertically upward. The Flag shall conform to the following proportions: Hoist (width) of flag, 1. Fly (length) of flag, 1.9. Hoist (width) of union, 7/13. Fly (length) of union. 0.76. Width of each stripe, 1/13. Diameter of each star, 0.0616.

With the exception of the sizes prescribed for the Army and Navy, the sizes of flags manufactured or purchased for the Government shall be limited to those with the following hoists: (1), 20 feet; (2), 19 feet (standard); (3), 14.35 feet; (4), 12.19 feet; (5), 10 feet; (6), 8.94 feet; (7), 5.14 feet; (8), 5 feet; (9), 3.52 feet; (10), 2.9 feet; (11), 2.37 feet; (12), 1.31 feet.

2. The Union Jack shall be identical with the union in the flag of the United States. The Union Jack shall not be flown on shore and shall be displayed only on vessels of the armed forces of the United States and under such regulations as may be prescribed by the President, conforming as far as practicable to international custom.

3. The shield of the United States of America shall have thirteen vertical stripes, seven white and six red, with a blue chief without stars.

4. The flag of the United States shall be displayed only from sunrise to sunset, or between such hours as may be designated by proper authority. It shall be hoisted briskly, but lowered slowly and ceremoniously. Weather permiting, the flag shall be displayed by all Government offices and activities every day throughout the year, and shall be displayed on all national holidays and such other occasions as may be designated by the President. (On private buildings and residences the flag of the United States should be displayed on all national and State holidays and on historic and special occasions.)

5. When carried in a procession with another flag or flags, the flag of the United States shall be on the marching right of the other flags, that is, the flag's own right; or when there is a line of other flags, the flag of the United States shall be in front of the center of that line.

6. When displayed with another flag against a wall from crossed staffs, the flag of the United States shall be on the right, the flag's own right, and its staff shall be in front of the staff of the other flag.

7. When a number of flags of States, or cities, or pennants of societies are grouped and displayed from staffs with the flag of the United States, the latter shall be at the center or at the highest point of the group.

8. When flags of States, or cities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter shall always be at the peak. When flown from adjacent staffs, the flag of the United States shall be hoisted first and lowered last. No emblem, flag, or pennant shall be hoisted above, or displayed to the right, that is, to the observer's left, of the flag of the United States.

9. When national flags of two or more nations are displayed; they shall be flown from separate staffs of the same height; and the flags should be approximately equal size. International usage forbids the display of the national flag of one nation above that of another nation in time of peace.

10. When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of building, the union of the flag shall go clear to the peak of the staff unless the flag is at halfstaff. (When the flag is suspended over a sidewalk from a rope, extending from a building to a pole at the edge of the sidewalk, the flag shall be hoisted out from the building toward the pole, union first.)

11. When the flag of the United States is displayed in a manner other than by being flown from a staff, it shall be displayed flat whether indoors or out. When displayed either horizontally or vertically against a wall, the union shall be uppermost and to the flag's own right-that is, to the observer's left. When displayed in a window it shall be displayed the same way-that is, with the union or blue field to the left of the observer in the street. When festoons, rosettes, or drapings are desired bunting of blue, white, and red should be used, but never the flag of the United States.

12. When displayed over the middle of the street, the flag of the United States shall be suspended vertically with the union to the north in an east and west street, or to the east in a north and south street.

13. When used on a speaker's platform, the flag of the United States, if displayed flat, shall be displayed above and behind the speaker, if flown from a

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staff it shall be in the position of honor, at the speaker's right. It shall never be used to cover the speaker's desk nor to drape over the front of the platform. 14. When used in connection with the unveiling of a statute or monument, the flag of the United States shall form a distinctive feature during the ceremony, and the flag itself shall never be used as the covering for the statue.

15. When flown at halfstaff, the flag of the United States shall be hoisted to the peak for an instant and then lowered to the half staff position; but before lowering the flag for the day it shall be raised again to the peak. By halfstaff is meant hauling down the flag to approximately one-half the distance between the top and the bottom of the staff. If local conditions require, divergence from this position is permissible.

16. On Memorial Day, May 30, the flag of the United States shall be displayed at halfstaff in commemoration of those who have died in the service of their country.

17. Flags flown from fixed staffs are placed at halfstaff to indicate mourning. When the flag of the United States is displayed on a small staff, as when carried in a parade, mourning shall be indicated by attaching two streamers of black crêpe to the spearhead, allowing the streamers to fall naturally. Crêpe may be used on the flagstaff only by order of the President.

18. When used to cover a casket, the flag of the United States shall be placed so that the union is at the head and over the left shoulder. The flag shall not be lowered into the grave nor allowed to touch the ground. The casket should be carried foot first.

19. When the flag of the United States is displayed in the body of a church or other public meeting, it shall be from a staff placed in the position of honor at the right of the congregation or audience as they face the clergyman or speaker. The service flag, the State flag, or other flag should be at the left of the congregation or audience. If in the chancel or on the platform, the flag of the United States shall be placed at the clergyman's or speaker's right as he faces the congregation or audience and the other flags at his left.

20. When the flag of the United States is in such a condition that it is no longer a fitting emblem for display, it shall not be cast aside or used in any way that might be viewed as disrespectful to the national colors, but shall be destroyed as a whole privately, preferably by burning or by some other method in harmony with the reverence and respect that is due the emblem representing the Nation. 21. When carried in parades, the flag of the United States shall not be dipped to any person or object; the regimental colors, State flag, organization, or institutional flag may render this honor.

22. The flag of the United States shall not be displayed with the union down except as a signal of extreme distress.

23. The flag of the United States.shall not be used as a portion of any person's costume or dress.

24. Except as authorized above, the flag of the United States shall not be used as drapery in any form whatsoever. When displayed on an automobile, float, or other vehicle, it shall be flown from a staff firmly fixed.

25. During a ceremony of hoisting or lowering the flag of the United States, or when the flag is passing in a parade or in review, all persons present shall face the flag, stand at attention, and salute. Those present in uniform shall render the right-hand salute. When not in uniform men shall remove the headdress with the right hand and hold it at the left shoulder, the hand being over the heart. Women shall salute by placing the right hand over the heart. The salute to the

flag in the moving column is rendered at the moment the flag passes.

26. Do not let the flag touch the ground or the floor or trail in the water. Do not place any object upon the flag. Do not use the flag as a cover for a ceiling. Do not carry the flag flat or horizontally, but always aloft and free. Do not put lettering of any kind upon the flag. Do not use the flag in any form of advertising nor fasten an advertising sign to a pole from which the flag is flown.

STATEMENT OF HON. CHARLES BRAND, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO

Mr. BRAND. Mr. Chairman and gentlemen of the committee: This resolution concerns the use and abuse of the flag of the United States. I have had some experience in the last 8 or 10 years in the

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