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Historical Note

R. S. 1832 cited to the text was derived from Act of June 4, 1872, c. 287, 17 Stat. 220. As the section appears in the Revised Statute the word "Extension" follows the word "Capitol" but by Act of Feb. 14, 1902, c. 17, 32 Stat. 20, the title of "Architect of the Capitol Extension"

was changed to "superintendent of the Capitol Buildings and Grounds," and by Act of March 3, 1921, c. 124, 41 Stat. 1291 (see 161 of Title 40, Public Buildings, Property and Works) the title was changed to "Architect of the Capitol."

§ 51. Inventory of public property. The Architect of the Capitol shall make out and keep in proper books a complete inventory of all public property in and about the White House, adding thereto, from time to time, an account of such property as may be procured, subsequently to the taking of the first inventory, as well as an account of the sale or other disposal of such property. He shall submit an annual report of such inventories and accounts, on the first Monday of December, to Congress. (R. S. § 1833.)

Editorial comment.-See editorial comment following 50, ante, of this title which is equally applicable here.

R. S.

Historical Note

1833 was derived from Act of "Extension" following "Capitol" The July 15, 1870, c. 300, 18 Stat. 364.

As this section formerly appeared in the Revised Statutes it contained the word

reason for its elimination is given in the historical note to section 50, of this title.

§ 52. Annual statement and inventory of stationery and fuel. Sections 50 and 51 of this title shall not apply to the supplies of stationery and fuel in the White House. (R. S. § 1834.)

Historical Note

R. S. 1834 was derived from Act of July 15, 1870, c. 300, 16 Stat. 364.

§ 53. Protection of the President. The protection of the person of the President and the members of his immediate family and of the person chosen to be President of the United States is authorized. (June 23, 1913, c. 3, § 1, 38 Stat. 23; Jan. 22, 1925, c. 87, Title L, 43 Stat. 774; Feb. 27, 1925, c. 364, Title II, 43 Stat. 1026.)

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Section 61. Police force established; control and supervision; privileges, powers and duties. There is hereby created and established for the protection of the Executive Mansion and Grounds in the District of Columbia a permanent police force, to be known as the White House police. Such force shall be under the sole control of the President and under the direct supervision of such officer as he may

designate. The members of such force shall possess privileges and powers and perform duties similar to those of the members of the Metropolitan police of the District of Columbia, and such additional privileges, powers, and duties as the President may prescribe. (Sept. 14, 1922, c. 308, § 1, 42 Stat. 841.)

§ 62. Personnel; appointment; vacancies. (a) The White House police force shall consist of one first sergeant with grade corresponding to that of detective sergeant (Metropolitan police), two sergeants with grade corresponding to that of sergeant (Metropolitan police), and thirty privates with grade corresponding to that of private, class three (Metropolitan police), appointed under the direction of the President from the members of the Metropolitan police force and the United States park police force from lists furnished by the officers in charge of such forces. Vacancies shall be filled in the same manner. (b) Any vacancy in the Metropolitan police force or in the United States park police force caused by appointments to the White House police force shall be filled in the manner provided by law. (Sept. 14, 1922, c. 308, § 2, 42 Stat. 841.)

63. Grades of appointees; salaries; transfers. (a) No person shall be appointed a member of the White House police force at a grade lower than the grade held by him as a member of the Metropolitan police force or of the United States park police force at the time of his appointment.

(b) A member of the White House police force shall receive a salary at the rate provided for the corresponding grade in the Metropolitan police force, and he shall be furnished with uniforms and other necessary equipment similar to the uniforms and equipment furnished the United States park police, and he shall be entitled to the same leave allowances as a member of the United States park police force.

(c) The President may transfer a member of the White House police force to the organization of which he was a member at the time of his appointment to such force. (Sept. 14, 1922, c. 308, § 3, 42 Stat. 842.)

§ 64. Members entitled to participate in policemen and firemen's relief fund of District of Columbia. (a) A member of the United States park police force appointed to the White House police force shall be included within the provisions of section 12 of the act entitled "An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1917, and for other purposes," approved September 1, 1916, as amended, upon payment into the policemen and firemen's relief fund, District of Columbia, of an amount equal to 12 per centum of the total basic salary received by him since September 1, 1916, as a member of such United States park police force and as a watchman of the United States in any public square or reservation of the District of Columbia.

(b) For the purposes of retirement under such Act service with the United States park police force and service as a watchman of the United States in any public square or reservation of the District of Columbia shall be deemed service with the White House police force.

(c) Any member of the Metropolitan police force appointed to the White House police force shall continue to be subject to the provisions of section 12 of such Act, and appointment of such member to the White House police force or transfer of such member to his former organization shall not affect any right, privilege, or duty of such member under the provisions of such section of such Act. (Sept. 14, 1922, c. 308, § 4, 42 Stat. 842.)

§ 65. Refunds to members of United States park police force appointed to White House police force. A member of the United States park police force appointed to the White House police force shall be paid a refund as provided for in section 724 of Title 5, and upon transfer to the United States park police force he shall be paid a refund from the policemen and firemen's relief fund of all money paid by him as salary deductions into such fund, and he shall be reinstated and included within the provisions of chapter 14 of Title 5 upon payment to the Secretary of the Treasury of an amount equal to the amount refunded to him, at the time of such appointment, under the provisions of section 724 of Title 5, plus an amount equal to 21⁄2 per centum of the total basic salary received by him during the period of his service as a member of the White House police force. For the purposes of retirement under chapter 14 of Title 5, service with the White House police force shall be deemed service with the United States park police force. (Sept. 14, 1922, c. 308, § 5, 42 Stat. 842.)

§ 66. Transfer of members to other departments. The provisions of section 670 of Title 5 shall not apply to persons appointed or transferred under the provisions of this chapter. (Sept. 14, 1922, c. 308, § 6, 42 Stat. 842.)

§ 67. Disbursement of funds. The amounts necessary for the pay>ment of salaries and for the purchase of uniforms and other equipment of the White House police force shall be disbursed by the officer in charge of public buildings and grounds, and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter. (Sept. 14, 1922, c. 308, § 7, 42 Stat. -843.)

Sec.

TITLE 4

FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

1. Flag; stripes and stars on.

2. Same; additional stars.

3. Use of flag for advertising purposes; mutilation of flag.

4. Seal of United States.

5. Same; custody and use of.

6. Permanent seat of government.

Sec.

7. Public offices; at seat of government.

8. Same; removal from seat of govern

ment.

9. Oath by members of legislatures and

officers.

10. Same; by whom administered.

11. Assent to purchase of lands for forts.

Section 1. Flag; stripes and stars on. The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. (R. S. § 1791.)

Historical Note

R. S. § 1791 cited to the text was derived from Act Jan. 13, 1794, c. 1, 1 Stat. 341; Act April 4, 1818, c. 34, 3 Stat. 415.

The Revised Statutes section provided for "thirty-seven" stars.

§ 2. Same; additional stars. 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.)

Historical Note

R. S. 1792 cited to the text was derived from Act April 4, 1818, c. 34, 3 Stat. 415.

§ 3. Use of flag for advertising purposes; mutilation of flag. 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. 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 purporting 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 the 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. (Feb. 8, 1917, c. 34, 39 Stat. 900.)

Notes of

1. State legislation affecting flag.-In Halter v. Nebraska (1907) 205 U. S. 36, 27 S. Ct. 419, 51 L. Ed. 696, affirming (1905) 105 N. W. 298, 74 Neb. 757, 7 L. R. A. (N. S.) 1079, 121 Am. St. Rep. 754, it was held that a state statute prohibiting the use of the flag for advertising purposes was not in violation of any provision of the Constitution of the United States. The court said: "It may be well at the outset to say that Congress has established no regulation as to the use of the flag, except that in the Act approved February 20, 1905, authorizing the registration of trademarks in commerce with foreign nations and among the states, it was provided that no mark shall be refused as a trademark on асcount of its nature 'unless such mark

or

• consists of or comprises the flag coat of arms or other insignia of the United States, or any similation thereof or of any state or municipality or of any foreign nation.' 33 Stat. 724, § 5 [see

85 of title 15, Commerce and Trade]. The importance of the questions of constitutional law thus raised will be recognized when it is remembered that more than half of the states of the Union have enacted statutes substantially similar, in their general scope, to the Nebraska statute. That fact is one of such significance as to require us to pause before reaching the conclusion that a majority of the states have, in their legislation, violated the Constitution of the United States. Our attention is called to two cases in which the constitutionality of such an enactment has been denied. Ruhstrat v. People [1900] 185 111, 133, 57 N. E. 41, 49 L. R. A. 181, 76 Am. St. Rep. 30; People v. Van De Carr [1904] 178 N. Y. 425, 70 N. E. 965. In the Illinois case the statute was held to be unconstitutional as depriving a citizen of the United States of the right of exercising a privilege, impliedly, if not expressly, granted by the Federal Con

Decisions

stitution, as unduly discriminating and
partial in its character, and as infringing
the personal liberty guaranteed by the
state and federal constitutions. In the
other case, decided by the Court of Ap-
peals of New York, the statute, in its ap-
plication to articles manufactured and in
existence when it went into operation,
was held to be in violation of the Feder-
al Constitution as depriving the owner of
property without due process of law, and
as taking private property for public use
without just compensation. In our con-
sideration of the questions presented we
must not overlook certain principles of
constitutional construction, long ago es-
tablished and steadily adhered to, which
preclude a judicial tribunal from holding
a legislative enactment, federal or state,
unconstitutional and void, unless it be
manifestly so. Another vital principle is
that, except as restrained by its Own
fundamental law, or by the supreme law
of the land, a state possesses all legis-
lative power consistent with a republican
form of government; therefore each state,
when not thus restrained and so far as
this court is concerned, may, by legisla-
tion, provide not only for the health,
morals and safety of its people, but for
the common good, as involved in the well-
being, peace, happiness and prosperity of
the people. Guided by these principles, it
would seem difficult to hold that the stat-
ute of Nebraska, in forbidding the use of
the flag of the United States for purposes
of mere advertisement, infringes any right
protected by the Constitution of the Unit-
ed States or that it relates to a sub-
ject exclusively committed to the national
government.
It may be said that
as the flag is an emblem of national sover-
eignty, it was for Congress alone, by ap
propriate legislation, to prohibit its use
for illegitimate purposes. We cannet
yield to this view. If Congress has not
chosen to legislate on this subject, and

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