method of sale is not decisive upon the question of title, and was probably adopted largely for the convenience of all parties. The supreme court of Massachusetts has decided that seamen have no lien upon the catch for their pay. Story v. Russell, [1892] 157 Mass. 152, 31 N. Ě. 753. But that case was made to turn largely upon a construction of R. S. secs. 4391-4394, which provisions are not applicable here. The same court has decided, in a case like this in some respects, that those who furnish supplies have no lien. Rich v. Jordan, [1895] 164 Mass. 127, 41 N. E. 56. This may be true. For the sake of argument, it may be admitted that, if courts of admiralty considered seamen to deal on equal terms with owners, the former might not prevail in a case like that at bar; but, considering the favor always shown in admiralty to seamen, I think that the agreement here made should not be construed to deprive them of their lien." The Carrier Dove, (D. C. Mass. 1899) 93 Fed. 978. Lien on fish.- Under this section the fisherman has no lien on the fish or their proceeds. Story v. Russell, (1892) 157 Mass. 152, 31 N. E. 753. Proceeding in rem.-This section plainly imports that courts of admiralty cannot afford the remedy of a proceeding in rem without the authority of a positive statute. The Fair Play, (1830) Blatchf. & H. Adm. 136, 8 Fed. Cas. No. 4,615. For additional authorities see the notes under R. S. sec. 4391, supra, p. 345. Sec. 4394. [Discharge of vessel upon bond by owner.] When process shall be issued against any vessel so liable, if the owner thereof or his agent will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, of whom one shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel. Nothing in this or the preceding section shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof. [R. S.] Act of June 19, 1813, ch. 2, 3 Stat. L. 2. See notes under R. S. sec. 4391, supra, p. 345. FLAGS R. S. 1791. The Flag to Be Thirteen Stripes and Thirty-seven Stars, 349. R. S. 218. Collecting Flags, etc., by Secretary of War, 350. R. S. 428. Collecting Flags, etc., by Secretary of Navy, 350. R. S. 1554. Same Subject, 351. R. S. 1555. Preservation of Flags, etc., in Some Public Place, 351. CROSS-REFERENCES On Vessels Engaged in Fur Seal Fishing, see ALASKA. On Coast Guard Vessels, see COAST GUARD. Registration of as Trademark Forbidden, see TRADEMARKS. Sec. 1791. [The flag to be thirteen stripes and thirty-seven stars.] The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirty-seven stars, white in a blue field. [R. S.] Act of Jan. 13, 1794, ch. 1, 1 Stat. L. 341; Act of April 4, 1818, ch. 34, 3 Stat. L. 415. Use of flags in history of human race.From the earliest periods in the history of the human race, banners, standards and ensigns have been adopted as symbols of the power and history of the peoples who bore them. It is not then remarkable that the American people, acting through the legislative branch of the government, early in their history prescribed a flag as symbolical of the existence and sovereignty of the nation. Indeed, it would have been extraordinary if the government had started this country upon its marvelous career without giving it a flag to be recognized as the emblem of the American Republic. For that flag every true American has not simply an appreciation but a deep affection. No American, nor any foreign born person who enjoys the privileges of American citizenship, ever looks upon it without taking pride in the fact that he lives under this free government. Hence, it has often occurred that insults to a flag have been the cause of war, and indignities put upon it, in the presence of those who revere it, have often been resented and sometimes punished on the spot. Halter v. Nebraska, (1907) 205 U. S. 34, 27 S. Ct. 419, 51 U. S. (L. ed.) 696, 10 Ann. Cas. 525. "It Use of flag for advertising purposes.In Halter v. Nebraska, (1907) 205 U. S. 34, 27 S. Ct. 419, 51 U. S. (L. ed.) 696, 10 Ann. Cas. 525, 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: 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 account of its nature 'unless such mark consists of or comprises the flag or 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 TRADEMARKS]. 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 Ill. 133; People v. Van De Carr, [1904] 178 N. Y. 425. 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 Constitution, 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 Appeals of New York, the statute, in its application to articles manufactured and in existence when it went into operation, was held to be in violation of the Federal 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 consideration of the questions presented we must not overlook certain principles of constitutional construction, long ago established 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 legislative 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 legislation, provide not only for the health, morals and safety of its people, but for the common good, as involved in the wellbeing, peace, happiness and prosperity of the people. Guided by these principles, it would seem difficult to hold that the statute 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 United States or that it relates to a subject exclusively committed to the national government. . . . It may be said that as the flag is an emblem of national sovereignty, it was for Congress alone, by appropriate legislation, to prohibit its use for illegitimate purposes. We cannot yield to this view. If Congress has not chosen to legislate on this subject, and if an enactment by it would supersede state laws of like character, it does not follow that in the absence of national legislation the state is without power to act. There are matters which, by legislation, may be brought within the exclusive control of the general government, but over which, in the absence of national legislation, the state may exert some control in the interest of its own people." Sec. 1792. [A star to be added for every new State.] 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.] Act of April 4, 1818, ch. 34, 3 Stat. L. 415. Sec. 218. [Collecting flags, etc., by Secretary of War.] The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of Government, all such flags, standards, and colors as are taken by the Army from the enemies of the United States. [R. S.] Act of April 18, 1814, ch. 78, 3 Stat. L. 133. By Res. of Feb. 28, 1905, No. 22, 33 Stat. L. 1284, the Secretary of War was authorized to deliver to the proper authorities of various states certain Union and Confederate battle flags then in the custody of the War Department, and by a Res. of June 29, 1906, No. 43, 34 Stat. L. 837, the Secretary of War was authorized to deliver to the Confederate Memorial Literary Society of Richmond, Virginia, all the Confederate flags then in the custody of the War Department which could not be traced to the ownership or custody of the troops of any particular state. Sec. 428. [Collecting flags, etc., by Secretary of Navy.] The Secretary of the Navy shall from time to time cause to be collected and transmitted to him at the seat of Government all flags, standards, and colors taken by the Navy from the enemies of the United States. [R. S.] Act of April 18, 1814, ch. 78, 3 Stat. L. 133. ... This provision, with slight variation in language, is repeated in R. S. sec. 1554, given on the page following. Sec. 1554. [Same subject.] The Secretary of the Navy shall cause to be collected and transmitted to him, at the seat of Government of the United States, all such flags, standards, and colors as shall have been or may hereafter be taken by the Navy from enemies. [R. S.] Act of April 18, 1814, ch. 78, 3 Stat. L. 133. The provisions of this section are substantially the same as those in the preceding R. S. sec. 428. Sec. 1555. [Preservation of flags, etc., in some public place.] All flags, standards, and colors of the description mentioned in the foregoing section, which are now in the possession of the Navy Department, or may hereafter be transmitted to it, shall be delivered to the President, for the purpose of being, under his direction, preserved and displayed in such public place as he may deem proper. [R. S.] Act of April 18, 1814, ch. 78, 3 Stat. L. 133. FOOD AND DRUGS I. Food and Drugs Generally, 353. Act of May 9, 1902, ch. 784, 353. Sec. 1. Imitation Dairy Products Subject to State Laws, 353. Act of July 1, 1902, ch. 1357, 357. Sec. 1. Dairy and Food Products - False Labeling of Place of 2. Penalty for Violation - Jurisdiction, 357. Act of April 23, 1904, ch. 1486, 357. Sec. 1. Nutritive Investigations, 357. Act of June 30, 1906, ch. 3915 ("Food and Drugs Act" or "Hepburn Act"), 358. Sec. 1. Manufacture of Adulterated, etc., Food or Drugs Prohibited Penalty, 358. 2. Interstate, etc., Commerce of Adulterated or Misbranded Goods Prohibited Penalty-Articles for ExportDomestic Consumption, 360. 3. Rules and Regulations to Be Made - Scope, 367. 4. Chemical Examinations Notice of Result - HearingsCertificate of Violations to District Attorney, 368. 9. Guaranty from Manufacturer - Contents, 390. 10. Seizure of Original Packages in Interstate and Foreign Commerce Disposal, if Condemned Delivery to Owner if Not to Be Sold, etc.- Proceedings, 392. 11. Examination of Imported Foods and Drugs- Admission Denied Adulterated or Misbranded Goods- Destruction, etc.- Delivery Pending Examination Bond Required Charges, 396. 12. Insular Possessions Included" Person" Defined - Liability of Corporations, etc., 397. 13. Effect, 397. Act of May 23, 1908, ch. 192, 397. Sec. 1. Report of Payments to State Officials, etc., 397. Act of Aug. 10, 1912, ch. 284, 398. Sec. 1. Sanitary Regulation of Renovated Butter Factories, 398. |