Because of a rather disagreeable argument, regarding ‘gold fringe‘ on our American flag, that this writer got into this afternoon, this article has to update.
I used Executive Order No. 10834, August 21, 1959, 24 F.R. 6865 as part of the argument regarding the use of ‘gold fringe‘ on the American flag, establishing it as a military flag. On further investigation, this E.O. does not refer to ‘gold fringe’. In fact, nowhere in the E.O. does it have reference to military flags. However, on further research, I did find the reference that makes the ‘gold fringed’ flag a military flag.
THERE ARE ABSOLUTELY NO PROVISIONS IN THE LAW FOR ADDING A FOURTH COLOR (YELLOW FRINGE) TO THE TITLE 4 U.S.C. 1,2 FLAG.
Title 4 U.S.C. 3 provides that anything put on the Title 4 U.S.C. 1,2 Flag (gold fringe) MUTILATES the Flag, and carries a one-year prison term. This is confirmed by the authority of title 36 U.S.C. 176 (G). The gold fringe is the fourth color and represents “color of law” , and, when placed on the title 4 U.S.C. 1,2 Flag, mutilates the Flag and suspends the organic Constitution for the united states of America, and establishes “color of law”. (Refer to title 18 U.S.C. 242. See Black’s Law Dictionary).
As provided by title 36 U.S.C. 173, and Army Regulation 840-10, chapter 2-1(b), the Flag of the united states of America is defined and described in title 4 U.S.C. 1,2. Civilians must use the title 4 U.S.C. 1,2 Flag (see title 36 U.S.C. 173 and Army Regulation 840-10, chapter 2-7) and when military flags are displayed by Army Regulation 840-10, chapter 2 and title 36 U.S.C. 175.
THE ONLY AUTHORITY FOR A FRINGE ON THE FLAG IS IN THE ARMY REGULATIONS FOR THE NATIONAL (MILITARY) FLAGS ONLY.
The U.S. Attorney General has stated: “The placing of a gold fringe on the National flag, the dimensions of the flag, and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander-in-Chief of the Army and Navy. . . ancient custom sanctions the use of fringe on regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags. . . the use of such a fringe is prescribed in current Army Regulations, No. 260-10.” (See 34 Ops. Atty. Gen. 483 & 485). The only statute or regulation, in the United States, prescribing a yellow fringed United States flag is Army Regulation No. 260-10, making it a military flag.
And lets review
The placing of a fringe on the flag is optional with the person or organization, and no act of Congress or Executive Order either requires or prohibits the practice. Fringe is used on indoor flags only, as fringe on flags used outdoors would deteriorate rapidly. The fringe on a flag is considered an “honorable enrichment only” and its official use by the Army dates from 1895. A 1925 Attorney General’s Opinion states: “The fringe does not appear to be regarded as an integral part of the flag, and its presence cannot be said to constitute an unauthorized addition to the design prescribed by statute. An external fringe is to be distinguished from letters, words, or emblematic designs printed or superimposed upon the body of the flag itself. Under the law, such additions might be open to objection as unauthorized; but the same is not necessarily true of the fringe.” 34 Op. Atty. Gen. 483
“Placing of fringe on the national flag, the dimensions of the flag, and arrangement of the stars are matters of detail not controlled by statute, but within the discretion of the President as commander-in-chief of the Army and Navy.“ 1925, 34 Op.Atty.Gen. 483.
One has to ask, why would the President, in his official military capacity, as commander-in-chief of the Army and Navy order ‘gold fringe’ on our American flag?
So while there may not be an executive order that designates the ‘gold fringed‘ flag as a military flag, there is military regulation that does just that! And what is very interesting is that our U.S. Senate in 2011, it appears, seems to have taken a 1925 Attorney Generals statement out of context, as the only one that can ‘authorize’ it is our President, acting as commander-in-chief!
Thus the American flag with gold fringe is a Military flag!
But one has to ask, why would the U.S. Congress misinterpret 34 Op.Atty.Gen. 483? This writer can only come to one conclusion, as these are the same folks that design our U.C.C. law/contract law to look like constitutional/common law.