Mr. Tower to Mr.
Day.
United
States Legation,
Vienna, May 26,
1898.
No. 68.]
Sir: In reply to the dispatch of the Secretary
of State (No. 87) dated the 25th of March, 1898, I have the honor to
inclose to yon herewith copies of the laws in Austria and Hungary which
relate to the subject of disrespect toward the Imperial flag.
There are, however, no laws either in Austria or Hungary which
specifically restrict the use of the flag for advertising purposes. It
may be stated as a general proposition that this form of abuse of the
flag is not known in these countries.
I have, etc.,
[Inclosure 1 in No. 68.]
To the honorable legation of the United States of
America at Vienna:
In reply to the esteemed note of April 5, 1898, No. 344, relating to
a proposed law for protecting the integrity of the national flag, I
have the honor to say that there is no special law in Austria
containing provisions against insults offered to the national flag
or desecrations to the coat of arms of the State when committed
within the jurisdiction of the Empire.
The laws of this country provide that criminal actions involving
insult to the imperial or national flag, the coat of arms of the
Empire, or the imperial eagle, shall be individualized according to
the circumstances, and in case by such action the reverence due to
the Emperor shall appear to have been violated judgment may be
passed according to the provisions of paragraph 63 of the criminal
law, and the action be construed as an insult to the majesty of the
Emperor, or if the facts are shown to come under the provisions of
paragraph 65A of the criminal law the action may be construed as a
disturbance of public peace.
Anyone attempting, publicly or before several persons, either in
print or by pictures, to create derision of or hatred against the
person of the Emperor, the integrity of the Empire, the form of
government, or the administration of the Empire, renders himself
liable to penalty for having violated the provisions of the
above-mentioned paragraph.
[Page 31]
The incriminating actions may, however, be dealt with by the police,
provided they do not constitute an offense coming under the criminal
law, as paragraph 11 of the imperial decree of April 20, 1854, No.
96, provides that the provincial, civil, and police authorities are
empowered to punish any demonstrative act inciting to disloyalty
toward the government or derision of its orders with a fine of from
1 florin to 100 florins, or with confinement of from six hours to
fourteen days.
As regards the use of the imperial or provincial flag of Austria for
purposes of advertising, it must be said that the laws of this
country contain no specific provision in that respect. It must be
mentioned, however, that a ministerial decree of April 24, 1858, No.
61, provides that the right of carrying the imperial coat of arms or
eagle, or a provincial coat of arms, depends upon a consent obtained
from the Emperor or upon a permit obtained by a separate provision
of law. Such legal provision is contained in paragraph 58 of the
trade law of March 15, 1883, No. 39, according to which industrial
establishments may obtain this privilege to carry the imperial eagle
on their sign or seal. The granting of such privilege belongs to the
jurisdiction of the civil provincial authorities.
A strict prohibition in that respect is also contained in paragraph 3
of the law of January 6, 1890, No. 19, relating to trade-marks,
according to which the registration of trade marks can not take
place when they consist of no other design than the coat of arms of
the state or some other public design.
Finally, I beg leave to remark that all these provisions of the law
apply only to the countries represented in the Reiehsrath, and not
to those of the Hungarian Grown.
The laws of Hungary relating to the same subject might be obtained by
applying to the respective ministry at the imperial court in
Vienna.
[Inclosure 2 in No. 68.]
Mr. Chester to
Mr. Tower.
United States Consulate,
Budapest, April 26,
1898.
Sir: Referring to your esteemed dispatch
under date of the 12th instant, relative to laws in Hungary (1)
protecting the integrity of the national flag and coat of arms and
(2) limiting the use of the flag for advertising purposes, I have
the honor to send you in translation a section of the criminal law
of 1879 bearing upon the first point, and to inform you that to use
the national coat of arms for advertising purposes requires a permit
from the prime minister (in Hungary proper obtained through the
minister of the interior, in Croatia-Slavonia through the ban)
according to the provisions of Law XVIII of 1883 and of ordinances
of 1883, September 10; 1884, May 26; 1885, July 10; 1888, February
22 and February 28. The ordinances of the ban for Croatia-Slavonia I
am unable to give. I have learned of no order in regard to the use
of the flag.
I have the honor, etc.
Frank Dyer Chester,
Consul.
[Page 32]
[Inclosure 3 in No. 68.]
Law XL of 1879.—The Hungarian Criminal Law as
to Offences.
Part II.—KINDS OF OFFENCES AND THE PENALTIES
THEREFOR.
Chapter I.—Offences
against the state.
Paragraph 37. Not more than two months’ arrest and not more than 300
florins fine shall be inflicted upon anyone who defiles, damages, or
tears down the coat of arms or the flag of this country, of the
allied countries (Croatia-Slavonia), or of the Austro-Hungarian
Monarchy when publicly displayed; likewise upon anyone who, with
intent to insult, defiles, damages, or tears down the flag or coat
of arms publicly used as the insignia by either civil or military
authorities.
[Inclosure 4 in No. 68.]
Paragraph 63 of the criminal law of
Austria.—Insult to His Majesty the Emperor.
Any person who shall disregard the respect due the Emperor, by
offering, publicly or before several persons, insult, defamation, or
derision by means of prints, communication, or publication of
pictorial representations, is guilty of the crime of insulting His
Majesty, and renders himself liable to imprisonment at hard labor
from one to five years.
Paragraph 65 of the same law.—Disturbing the
public peace.
Such person shall be guilty of disturbing the public peace who shall
publicly or before several persons, in print or by pictures: A,
attempts to provoke contempt or hatred towards the person of the
Emperor, the solidarity of the Empire, the form of government or
administration.
The penalty for this crime shall be imprisonment at hard labor from
one to five years.
