Manuscripts/Mixed Material Enclosure: W. S[mith] O'Brien to Anne Fitzhugh Miller, enclosing copy of 1905 New York statute describing offenses against the flag
Reference must then be had to the statutes or trie State of New York, and the law upor the subject is found in Subdivision 1G of Section 1425 of the Penal Law, as the same was enacted "by Chapter 440 of the Laws of 1905. In order that you may yourself see and read the statute to which this communication evidently relates, I have caused to toe prepared and enclose herewith a copy oi the act in question. Prom an examination of this statute it is apparent that three classes of offenses were intended to toe prohitoited toy the Legislature:
First: Causing to toe placed upon the flag any word, figure, mark, picture, design, drawing ,r advertisement, or exposing to public view a flag upon which has toeen placed any v/ord, figure, mark, picture-, design, drawing or advertisement;
Second: Exposing to public view, manufacturing, selling or giving away articles of merchandise upon which there have toeen placed a representation of the flag for advertising purposes;
Third: Publicing mutilating, defacing, ! defiling, trampling upon, or casting 'contempt in any manner upon the flag.
My information is that the act, toy the performance of which your cluto is charged with having offended the law, consisted in exhibiting in a public place a QmirtAaC t-VinT'represent ing a woman holding the flag and engaged in adding thereto a new star. The flag shown in the picture appears to have been a true representation of the Ameiicoi"; Flag, as described in the statute, save only that the number of stars appearing thereon does not corresj^ond with the number of states in the Union,- there being a less number,- and are not white in color.