Laws respecting the flag were, and are, of three general kinds: (1) that each school must possess a flag for display in a conspicuous place, (2) that proper respect for the flag be taught, and (3) that suitable exercises be engaged in at definitely stated intervals. This last type of law often proves the occasion for the reciting in unison of the salute to the flag, the so-called “American Creed,” or the preamble to the Constitution. In the second variety of law a pledge of allegiance is the keynote of the sentiment expressed, such as: “I pledge allegiance to my flag and to the Republic for which it stands; one nation indivisible, with liberty and justice for all”; or, “We give our hearts and our hands to God and our Country; one country, one flag, and one language.”[185]
In 1898, New York enacted “flag” legislation which had the three-fold characteristics of such laws. Within the next few years this law was followed by statutes of like kind in Massachusetts, Indiana, Iowa, and Arizona. However, as later legislation appeared, it took on a more elaborate phraseology, with a more open avowal of patriotic purpose.[186] This is well illustrated by an act of 1909 in Indiana, which ordered that “the state board of education shall require the singing of the ‘Star Spangled Banner’ in its entirety in the schools of the state of Indiana, upon all patriotic occasions,” with the necessary admonition “that the said board of education shall arrange to supply the words in sufficient quantity for the purposes indicated therein.”[187]
“An Act to provide for the display of the United States flag on the school houses of the state, in connection with the public schools, and to encourage patriotic exercises in such schools,” became a law in Kansas, March 7, 1907. By this act the state superintendent was instructed to prepare a program for the salute to the flag at the opening of each day of school, as well as “such other patriotic exercises as may be deemed by him to be expedient.”[188]
Relying upon the governor’s proclamation, New Jersey, in 1915, set aside the week of September sixth to thirteenth for appropriate exercises to be held, at least one day in the interval named, by schools and churches in commemoration of the one hundredth birthday of the national anthem.[189]
In her Revised Statutes which took effect on January 1, 1917, Maine incorporated a flag law evolved from enactments of 1907 and 1915, whereby superintendents of schools were directed to display the flag from public school buildings on suitable occasions. Towns were directed to appropriate annually “a sufficient amount to defray the necessary cost of the display of the flag,” and it was made “the duty of instructors to impress upon the youth by suitable references and observances the significance of the flag, to teach them the cost, the object and principles of our government, the great sacrifices of our forefathers, the important part taken by the Union army in the war of eighteen hundred sixty-one to eighteen hundred sixty-five, to teach them to love, honor and respect the flag of our country that cost so much and is so dear to every true American citizen.”[190]
Closely akin to the enactments respecting the flag and patriotic exercises were those designating days for special patriotic observance.[191] Laws providing for the establishment of Memorial Day are of such a character. In general, Memorial Day legislation was sectional in character and acclaimed the results of the Civil War from the Northerner’s standpoint. In 1886, the Kansas legislature, moved by patriotic feeling, had resolved to observe the day in fitting manner, inasmuch as “during the past ten or twelve years the loyal people of the United States, inspired by a sentiment of reverent respect for the memory of our heroic dead, have by spontaneous consent, dedicated the thirtieth day of May of each year to ceremonies in honor of the soldiers who cheerfully sacrificed their own lives to save the life of the republic. ‘They need no praise whose deeds are eulogy,’ and nothing that we can now say or do will add to the glory or brighten the fame of the gallant host who, a quarter of a century ago, came thronging from farms, workshops, offices and schools, to fight, to suffer and die for the Union and freedom. But the story of their sublime self-sacrifice, and their dauntless courage, should be kept forever fresh and fair in the hearts and minds of the young, until the end of recorded time. So long as men and women teach their children to revere the memory of patriot heroes, so long as the peaceful present honors and emulates the example of the war-worn past, there need be no fear that the dead have died in vain, or that ‘a government of the people, by the people, for the people,’ will perish from the earth. The steadily growing popularity of Memorial Day, and the universal interest taken in its beautiful ceremonies, is one of the most hopeful developments of American sentiments.”[192]
Conceding the importance of a proper recognition of Memorial Day, Vermont in 1894 appointed the last half day’s session before May the thirtieth for exercises “commemorative of the history of the nation during the war of the Rebellion, and to patriotic instruction in the principles of liberty and the equal rights of man.” The popularity of this law is attested by its continuance on the Vermont statute books in her Compilation of 1917.[193]
In 1890, Massachusetts, and in 1897, New Hampshire established in these commonwealths the custom of observing May the thirtieth by exercises of a patriotic nature in the schools.[194] New York, in 1898, Arizona in 1903, and Kansas in 1907, also subscribed to the sentiment which dictated that Memorial Day be given special recognition.[195]
The birthdays of Lincoln and Washington were also given recognition by New York in 1898, Arizona in 1903, and Kansas in 19O7.[196] The year 1909 witnessed an expression of patriotic enthusiasm over Lincoln’s contribution to the American nation, awakened, no doubt, by the centenary of his birth. During this year California, Maine, and New Mexico prescribed special observance of February the twelfth. Rhode Island followed in 1910, West Virginia in 1911, with Vermont in 1912 and in 1917.
“February 12, the birthday of Abraham Lincoln is hereby declared a legal holiday,” stated the law of California, which is typical of others of this group, “provided, however, that all public schools throughout the state shall hold sessions in the forenoon of that day in order to allow the customary exercises in memory of Lincoln; and provided further, that when February 12 falls on Sunday, then the Monday following, shall be a legal holiday and shall be so observed; and provided still further, that when February 12 falls on Saturday such exercises in the public schools shall take place on the Friday afternoon preceding.”[197] In Rhode Island, the day was called “Grand Army Flag Day,” and was, in 1914, still one of those days upon which special exercises were held.[198]