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purpose of that appropriation from which the property sold was authorized to be supplied at the time for the sale.

Sec. 471, gilded to the act of June 3, 1916, by sec. 3), act of June 1, 1920 (41 Stat. 779).

For the expense of maintaining upon military reservations, camps for milltary instruction and training of such citizens as may be selected and under such regulations as may be prescribed by the Secretary of War pursuant to section 51 of the Act of June 3, 1916, as amended by the Act of May 12, 1917, and for furnishing said citizens at the expense of the United States, uniforms, subsistence, and transportation by the most usual and direct routes within soch limits as to territory as may be prescribed; for such expenditures as are authorized by said section and may be necessary for the establishment and maintenance of said camps; for furnishing such equipment, tentage, field equipage, and transportation belonging to the United States as may be necessary; for arms and ordnance equipment, including overhauling and repairing of personal equipment, machine-gun outfits, horse equipment, ammunition, targets and their accessories for target practice, and for overhauling and repairing arms for issue and use in connection with said camps, $250,000: Provided, That the funds herein appropriated shall not be used for the training of any person who is over fortyfive years of age. Act of June 5, 1920 (41 Stat. 97h), making appropriations for the support of the Army: Civilian military training camps.

The above topic was treated by sec. 54, act of June 3, 1916 (39 Stat. 191), whicb was stricken out by sec. 34, act of June 4, 1920, above cited.

2634. Courses of instruction and instructors at training camps.The Secretary of War is authorized further to prescribe the courses of theoretical and practical instruction to be pursued ny persons attending the camps authorized by this section; to fix the periods during which such camps shall be maintained; to prescribe rules and regulations for the government thereof; and to employ thereat officers, warrant officers, and enlisted men of the Regular Army in such numbers and upon such duties as he may designate. Sec. !71, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Slat. 779781).

The above topic was treated by sec. 54, act of June 3, 1916 (39 Stat. 193), which was stricken out by sec, 34, act of June 4, 1920. above cited. 2635. Traveling expenses to and from training camps.--

to furnish at the expense of the United States

transportation by the most usual and direct route within such limits as to territory as the Secretary of War may prescribe, or in lieu of furnishing such transportation and subsistence to pay them travel allowances at the rate of 5 tents per mile for the distance by the shortest usually traveled route from the plares from which they are authorized to proceed to the camp, and for the return travel thereto, and to make the payment of travel allowances for the return journey in advance of the actual performance of the same

Ser. , added to the act of June 3, 1916, hy sec. 3), act of June 4, 1920 (41 Stat. 779).

The above topic was treated by sec. 54, act of June 3, 1916 (39 Stat. 194), which was stricken out by sec. 34, act of June 4, 1920, above cited.

2636. Federal support of riile practice.-To establish and maintain intoor and outdoor rifle ranges for the use of all able-bodied males capable of bearing arms, under reasonable regulations to be prescribed by the National Board for the Promotion of Rille Practice and approved by the Secretary of War; for the employment of labor in connection with the establishment of outdoor

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and indoor rifle ranges, including labor in operating targets; for the employment of instructors; for clerical services; for badges and other insignia ; for the transportation of employees, instructors, and civilians to engage in practice; for the purchase of materials, supplies, and services, and for expenses Incidental to instruction of citizens of the United States in marksmanship, aid their participation in national and international matches, to be expended under the direction of the Secretary of War, and to remain available until expended, $100,000: Act of June 5, 1920 (41 Stat. 966), making appropriations for the support of the Army: Quartermaster supplies and services for rifle ranges for civilian instruction.

For arms, ammunition, targets, and other accessories for target practice for issue in accordance with rules and regulations prescribed by the National Board for the Promotion of Rifle Practice and approved by the Secretary of War, in connection with the encouragement of rifle practice, in pursuance of the provisions of law, $100. Act of June 5, 1920 (41 Stat. 991), making ap. propriations for the support of the Army: Ordnance equipment for rifle ranges for civilian instruction.

and for the promotion of rifle practice throughout the United States, including the reinbursement of necessary expenses of members of the National Board for the Promotion of Rifle Practice, to be expended for the purposes liereinbefore prescribed, under the direction of the Secretary of War, Act of June 5, 1920 (41 Stat. 971), making appropriations for the support of the Army: National trophij.

2637. Transportation of teams to participate in national matches.Provided, That out of the said sum of $100,000 there may be expended for the payment of transportation, for supplying meals, or furnishing commutation of subsistence of civilian rifle teams authorized by the Secretary of War to participate in the national matches, not to exceed $80,000: Provided further, That hereafter menibers of civilian rifle teams may, in the discretion of the Secretary of War, be paid, as commutation of traveling expenses at the rate of 5 cents per mile for the shortest usually traveled route from their homes to national matches, when authorized to participate therein by the Secretary of War and for the return travel thereto: Provided further, That the payment of travel pay for the return journey may be made in advance of the actual performance of travel. Art of June 5, 1920 (41 Stat. 966), making appropriations for the support of the Army: Quartermaster supplies and services for rifle ranges for civilian instruction.

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CHAPTER 40.

UNITED STATES MILITARY ACADEMY.

Supervision of the academy, 2638.
Officers, professors, and instructors, 2639.
Selection of officers, 2640.

Graduates, 2641.
Appointment and detail, 2642.

Vacancies, 2643.
Command of the academy, 2644.
Superintendent :

Rank, 2645.
Pay, 2646.

Leave of absence, 2647.
Commandant of cadets, 2648.
Adjutant, 2649.
Quartermaster and commissary of cadets,

2650.
Commissary sergeant, 2651.
Academic staff :

Command in the Army, 2652.
Rapk asd command, 2653,
Leave of absence, 2654.
Retirement, 2655.
Pay and allowances, 2656.

After long service, 2657.
Extra pay of detached officers, 2658.

Quarters for civilian instructors, 2659. Assistant professors and instructors or

tactics, 2660. Professor of ordnance and gunnery, 2661. Assistant professors of ordnance and gun

nery, 2662. Associate professor of mathematics, 2663. Professor of law, 2664. Assistant professor of law, 2665. Professor military hygiene, 2666. Professor of modern languages, 2667. Associate professor of modern languages,

2668. Civilian instructors in French, 2669. Civilian instructors in Spanish, 2670. Professor of English and history, 2671. Assistant professors of English and history,

2672. Master of the sword, 2673. Civilian instructors in fencing and athletics,

2674.
Custodian of the gymnasium, 2675.
Teacher of music, 2676.
Chaplain, 2677.
Librarian and assistant librarian, 2678.
The Corps of Cadets :

Composition, 2679.
Appointment-

Enlisted men, 2680.
Filipinos, 2681.
lo advance of entrance, 2682,

The Corps of Cadets--Continued.
Admission-

Before graduation of predecessor, 2683.
Exanginations, 2684.

Physical examination, 2685.
Age, 2686.

First day of March, 2687.
Traveling expenses, 2688.
Oath, 2689.
Engagement for service, 2690.
Liable to do duty, 2691.
Organization and training, 2692.

Four years, 2693.
Fifth year, 2694.
Instruction about intoxicants, 2695.

No study on Sunday, 2696.
Deficient cadets-

Second examination, 2697.

Reappointment, 2698.
Commissions in Marine Corps, 2699.
Hazing, 2700.
Trial by court-martial, 2701.
Pay and ration, 2702.
Graduation leave for instructors at train.

ing camps, 2703. Band, 2704. Music furnished outside reservation,

2705.
Detachments of enlisted men :
General Army service, Quartermaster's
Department, and Cavalry detach-

ment, 2706.
Engineer Detachment, 2707.
Additional pay, 2709.

Overseer of waterworks, 2710.
Library, a depositary of Government publi-

cations, 2711.
Cullum Memorial Hall, 2712.
Building for religious worship, 2713.
Hotel, 2714.
Funds :

Contingencies for superintendent, 2715.
Proceeds of sales

Gas, 2716.
Unnecessary or unserviceable stores,

2717.
Purchase of supplies, 2718.
Settlement of accounts with other bureaus

of War Department, 2719.
Wharfage dues, 2720.
Maintenance fund, 2721.
Pay fund, 2722.

Cadet store working fund, 2723,
Board of visitors :

Composition, 2724.
Payment of expenses, 2725.
Duties, 2726.

HISTORICAL NOTE.

The Military Academy was established in pursuance of authority conferred by the act of Mar. 16, 1802 (2 Stat. 137), which contained a requirement authorizing the President to establish a corps of engineers : " The said corps, when so organized, shall be stationed at West Point, in the State of New York, and sball constitute a military academy." Sees. 26 and 27, act of Mar. 16, 1802 (2 Stat. 137).

The post of West Point ceased to be an Engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. 92).

By Public Resolation No. 35, act of July 2, 1918 (40 Stat. 755), and No. 4, act of July 9, 1919 (41 Stat. 234), and act of Mar. 30, 1920 (41 Stat. 548), provisions were made for permitting certain alieng to receive instructions at the United States Military Academy without expense to the United States.

2638. Supervision.-The supervision and charge of the Academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that chuty. R. S. 1331.

Notes of Decisions. Regulations.--The regulations of the Mili- Disposition of property.-This section has tary Academy may be altered by the Sec- a special and partial purpose and gives 10 retary of War, with the approbation of the authority to dispose of the use of property. l’resident. (1821) i Op. Atty. Gen. 469. (1897) 21 Op. Atty. Gen. 537.

2639. Officers, professors and instructors.—The United States Military Academy at West Point, in the State of New York, shall be constituted as follows: There shall be one superintendent; one commandant of cadets; one senior instructor in the tactics of artillery; one senior instructor in the tactics of cavalry; one senior instructor in the tactics of infantry; one professor and one assistant professor of civil and military engineering; one professor and one assistant professor of natural and experimental philosophy; one professor and one assistant professor of mathematics; one chaplain, who shall also be professor of history, geography, and ethics, and one assistant professor of the same; one professor and one assistant professor of chemistry, mineralogy, and geology ; one professor and one assistant professor of drawing; one professor and one assistant professor of the French language; one professor and one assistant professor of the Spanish language; one adjutant; one master of the sword; and one teacher of music. R. S. 1309.

The portion of this section providing for “one chaplain, who shall also be professor of history, geography, and ethics, and one assistant professor of the same," was expressly repealed by act of Feb. 18, 1896, the provisions of which relating to the appointment, pay, etc., of a chaplain, are set forth 2677, post.

The words of this section authorizing a professor of the French language and a professor of the Spanish language, were superseded by 2667, post.

2640. Selection of officers.--The superintendent and commandant of cadets may be selected, and all other officers on duty at the Academy may be detailed, from any arm of the service;

* R. S. 1314. 2641. Graduates as professors or instructors.-

and hereafter no graduate of the Military Academy shall be assigned or detailed to serve at said Academy as a professor, instructor, or assistant to either within two years after his graduation, and so much of the act of June thirtieth, eighteen hundred and eighty-two, as requires a longer service than two years for said assignments or details is hereby repealed. Act of July 26, 1894 (28 Stat. 151).

Art June 30, 1882 (22 Stat. 123), referred to and repealed in part in this provision, provided that four years must elapse before any graduate should be assigned or detailed as professor, etc.

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2612. Appointment and detail of officers. The superintendent, the commandant of cadets, and the professors shall be appointed by the President. The assistant professors, acting assistant professors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets assigned by the superintendent, under the direction of the Secretary of War. R. S. 1313. 2843. Vacancies in the permanent establishment.

Provided, That the President of the United States be authorized to fill any vacancies occurring at said academy by reason of death, or other cause, of any person appointed by him. Act of Mar. 3, 1875 (18 Stat. 467).

2644. Command of the Academy.-The superintendent, and, in his absence, the next in rank, shall have the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. R. S. 1311.

Notes of Decisions. Residents and visitors at the academy.-- the academy. And in case any person so No person can be entitled, as matter ordered shall refuse to depart, after reaof right, to enter within the limits of sonable notice and within reasonable time, this post unless he be authorized to do having regard to the circumstances of the so by the laws of the United States, or by case, the superintendent may lawfully some officer having authority under the law remove him by force. (1837) 3 Op. Atty. to grant permission to enter such limits. Gen. 268. The superintendent of the academy, as When, however, the United States has commandant of this post, has a general a 13- leased a dwelling house within the post thority to prevent any person in civil life belonging to it to an individual, it has residing permanently or temporarily at the no greater right than an individual would post, or occasionally resorting to the post, have in respect to the ejectment of the from interrupting its discipline, or obstruct. lessee. ing in any way the pertorinance of the No person has the right to enter the duties assigned by law to the officers and limits of the post of West Point, not even cades. In the exercise of a sound dis- to visit the post office there, unless spe. cretion, the commandant of the post may cially authorized by the laws of the United therefore order from it any person not at- States or by some officer having authority tached to it by law whose presence is, in to grant permission. Id. his judgment, injurious to the interests of

2945. Rank of the superintendent and the commandant of cadets. The sufer intendent and the commandant of cadets, while serving as such, shall have, respectively, the local rank of colonel and lieutenant-colonel of engineers. R. S. 1310.

The office of superintendent was created by see, 28 of the act of Mar. 16, 1802 (2 Stat. 137), which contained the requirement that “the principal engineer and, in his absence, the next in rank, shall have the superintendence of the Military Academy under the direction of the l'resident of the United States." So much of the act of Mar. 16, 1802, as restricted the appointment to this ofice to the Corps of Engineers was replaced by sec. 6 of the act of July 16, 1866 (14 Stat. 92), which vested the supervision of the academy in the War Department, under such officer or officers as the Secretary of War may assign to that duty. By the act of Jan. 12, 1858 (11 Stat. 333), the local rank of colonel of Engineers was conferred upon the superintendent.

The act of June 20, 1840 (5 Stat. 393), contained the requirement that the commander of the corps of cadets should be either the instructor of Infantry tactics, of Cavalry or Artillery tactics, or of practical engineering; and bis pay and emoluments were in no case to be less than those allowed by law to the professor of mathematics. By the act of June 12, 1858 (11 id. 333), the pay of this officer was fixed at that of a lieutenant colonel.

Notes of Decisions. Superintendent.--I'rior to the enactment ent of the academy could be selected only of R. S. 1314, ante, 2610, the superintend- from the Engineer Corps. That section

id.

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