The curious case of Old Glory

For at least the past 57 years, an incorrect version of the American Flag has been displayed in the district courtroom in the Phillips County Courthouse.

It was the keen-eye of VFW Buster DEO Post #4067 Chaplin and Judge Advocate Roy Waters who discovered the discrepancy a few months ago.

"I just grabbed a hold of it and started counting the stars," Waters said of the discovery. "It hasn't been changed here since at least 1959...I was 14 at the time."

Waters admitted that he doesn't generally walk around inspecting American flags for the correct number of stars, but for whatever reason, the flag in the court room piqued his interest.

"I just walked back there, unfolded it and started counting," he said.

Last Tuesday, Waters and comrades from the VFW Post #4067 met at the Phillips County Courthouse with two, 50-star American flags they purchased in tow. The first of the two flags would soon replace the 48-star flag residing in Honorable Judge John C. McKeon's 17th District Court of Montana's courtroom.

"Thank you guys," said Judge McKeon. "I appreciate that."

In January of 1959, Alaska became the 49th state to join the Union and eight months later, Hawaii became a state making the United States 50-strong. At that time in Phillips County, Hon. Judge James T. Shea presided over the district court, a position he held from 1949 until 1962. It was during Judge Shea's tenure that the flag should have been swapped out, but it was not. The flag which was removed last week was most likely placed sometime after Arizona was made the 48th state in the Union in 1912, but no one is really sure.

For nearly 60 years – and four different judges – the 48-star American flag incorrectly was on display in the courtroom. The Honorable Judge Thomas Digan followed Judge Shea on the bench from 1965 to 1977, the Honorable Leonard H. Langen served from 1977 to 1993 before the current judge, McKeon, started his judgeship in 1993 following a career in Phillips County as an attorney for the Malta law firm of Bosch, Kuhr, Dugdale and McKeon.

At some point in recent years, during maintenance in the courtroom, the American and Montana flags were switched and placed out of position. Jim Layton, Post Commander of VFW Post #4067, confirmed with his smartphone, that the American flag should sit over the judge's right shoulder and the Montana flag on his left. The VFW members also corrected that oversight on Tuesday afternoon.

The VFW Post #4067 boys had plans for the flag they took down, pending Judge McKeon's approval.

"We are going to ask Judge McKeon if we can take (the 48 star flag), encase it and put it in the VFW," said Post #4067 Vice-Commander Bob Kapp.

"We would also like to put some information on a plaque telling where it came from," added VFW Post #4067 Service Officer Mickey Mecklenburg.

Judge McKeon gave his approval to the VFW members to take the flag and display it at their facility.

"I am glad you guys brought all this to my attention," said Judge McKeon.

The VFW replaced a second flag on the day, this one containing the correct 50 stars but much smaller than its predecessor, in Judge Gayle Stahl's Justice of the Peace courtroom. Judge Stahl couldn't pinpoint when the smaller flag starting flying in her courtroom, but she remembered that VFW donated that flag to her sometime in the late 1970's, shortly after she took over the judgeship.

"That is wonderful, you guys," Judge Stahl said before hugging each of the Post #4067 members in her courtroom. "I think this is just wonderful, it gives me goose pimples."

The VFW Post #4067 members said they would do something of significance with the flag removed from Judge Stahl's room as well, though exactly what has yet to be determined.