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On the lowering the Flag. A civics lesson


The law about flying the flag at half-staff seems to be intentionally general, and to leave room for people to lawfully show. . . respect as they deem appropriate. -CM
Adair Countians have used the general interpretation in the past, as when the American flag was lowered to half staff by former Mayor Curtis Hardwick at the death of William "Daddy Bill" Walker.

What follows are letters with differing points of view from Reade Heskamp, Joe Hare, and Beverly Merritt, and then some extensive research by CM on the subject. which supports the interpretation that both the former Mayor and the current CJE properly ordered the honor. We respect the differences in opinion. This is, after all, America. -EW



Reade Heskamp writes in about the Flag Code, and we do a little digging at the US Senate web site"About: Veteran thinks flying flag at half-staff was right thing

Reade Heskamp writes:
I write to take issue with the comment from Robert Horton on flying our flag at half-staff.

We have a FLAG CODE in this country which should be honored and obeyed. It is found in detail in the United States Code, Title 4, Chapter 1, Title 18, Chapter 33, Section 700 and Title 36, Chapter 3.

A much easier way to find the Code is a simple search on the internet for Flag Code.

I find absolutely nothing in the Code which authorizes the flag to be lowered for the young lady, irrespective of whether or not she had military service. Public opinion on the subject is irrelevant. We have a Law.

I'm no lawyer, just an old guy born in Coburg, and greatly saddened by the lack of knowledge prevalent in today's society.

With respect,
Reade Heskamp
We thank Mr. Heskamp for writing, and sympathize with his views. However, we fully understand why there's so much debate on the issue, and don't think that "lack of knowledge" can be blamed. We took Mr. Heskamp's advice, and googled the Flag Code, which resulted in 752,000 web pages quoting and paraphrasing Federal and State law, with varying degrees of brevity and thoroughness. (Depending on the news today, and whether Google rounds their results totals, this page might be number 752,001).

Fortunately, we also found a document on the United States Senate web site, The United States Flag: Federal Law Relating to Display and Associated Questions, which you can read for yourself here: http://www.senate.gov/reference/resources/pdf/RL30243.pdf.

The summary of this PDF reads,
"This report presents, verbatim, the United States 'Flag Code' as found in Title 4 of the United States Code and the section of Title 36 which designates the Star-Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The 'Flag Code' includes instruction and rules on such topics as the pledge of allegiance, display and use of the flag by civilians, time and occasions for display, position and manner of display, and how to show respect for the flag. The 'Code' also grants to the President the authority to modify the rules governing the flag.

The report also addresses several of the frequently asked questions concerning the flag. The subject matter of these questions includes the pledge of allegiance and the court decisions concerning it, the nature of the codifications of customs concerning the flag in the 'Flag Code,' display of the flag 24 hours a day, flying the flag in bad weather, flying the flag at half-staff, ornaments on the flag, destruction of worn flags, display of the U.S. flag with flags of other nations or of States, commercial use of the flag, size and proportion of the flag, and restrictions upon display of the flag by real estate associations."

If it takes a 17-page document prepared by a legislative attorney to explain this to the Congress, it seems entirely reasonable that folks in Adair County could come to different conclusions about the specifics.

We found several paragraphs in the Senate document that seem pertinent to our local issues.

From the introduction:
Therefore, actions not specifically included in the Code may be deemed acceptable as long as proper respect is shown.
In the Flag Code, HOW to handle and display the flag is carefully described, importantly including what you CAN NOT do with the flag. In the section on flying at half-staff, reasons WHY you are required to display the flag at half-staff are listed, but, in stark contrast to the HOW guidelines, there are no WHY NOTs.

In the section specifically pertaining to flying at half-staff, the Senate document says:
Again, the provisions of the Flag Code on flying the flag at half-staff are, like all the Code's provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half-staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual's lowering his own flag or that make such display alone a form of desecration.
The law about flying the flag at half-staff seems to be intentionally general, and to leave room for people to lawfully show that respect as they deem appropriate.

***

Applauds Judge Executive's intentions
Hillary Hadley was deserving of being recognized

Letter from Beverly Merritt
First, I applaud Adair County's Judge Executive for wanting to do something to honor Hillary Hadley - her intentions were well meant. And Hillary Hadley certainly was deserving of being recognized in this special way.

Unfortunately, etiquette governing the display and use of the United States Flag allow only the President of the United States or the governor of one of the 50 states to bestow this honor. The rules state that it may be lowered to half-staff to honor prominent individuals, government leaders, like members of congress, dignitaries, veterans, etc. These days, many so-called leaders and politicians are not deserving of this honor, but will probably receive it anyway. Just doesn't seem "fair", does it?

I'm going to throw out an idea for debate. Why can't Adair County and the City of Columbia have their own flag designed? It could be flown prominently in front of the new justice center....on the square and at other sites around town and the county....then when the need arises to appropriately honor a deserving individual in our community, our local leaders can make the decision to fly this flag at half-staff.

All of us will agree that every life is precious...and should be honored. However, there are times when a more public display honoring a person's life is warranted. The tragic loss of Hillary Hadley was one of those times. --Beverly Merritt, Atlanta, GA
***

A letter from Joe Hare
after reading Pen's article


I understand the deep emotions involved in this flag debate going on here at this time. This said, I agree with you Ed, that there are a lot of "gray" areas that could possibly apply to Adair County's question. If you will read section 7m of the Flag Code you will find that the only people that can order a flag to be flown at half-staff are, the sitting President of the United States, a sitting governor, and the Mayor of the District of Columbia (DC functions as a state). Joe HareAnd, with respect, we believe that the recent actions of the CJE and the earlier action of the Mayor of Columbia were fitting and proper, as stated in the our article, but we respect others' differing opinions -EW


This story was posted on 2010-08-22 14:00:19
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