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2674. Civilian instructors in fencing, gymnastics and athletics.-For pay of two expert civilian instructors in fencing, broadsword exercises, and other military gymnastics as may be required to perfect this part of the training of cadets, $3,000.

For pay of one professional civilian instructor in military gymnastics, fencing, boxing, wrestling, and swimming, $1,500.

For pay of two expert assistant civilian instructors in military gymnastics, fencing, boxing, wrestling, and swimming, $1.000:

Act of Mar. 30, 1920 (41 Stat. 5.12).

A similar provision was made in previous appropriation acts.

2675. Custodian of gymnasium.-For pay of one custodian of gymnasium, who shall hereafter be selected and appointed by the Superintendent of the Military Academy under Schedule A, classified positions excepted from examination under rule two, clause three, civil-service rules, who shall be qualified to act as trainer for the various cadet athletic teams, one thousand two hundred dollars. Act of Mar. 3, 1911 (36 Stat, 1019).

For pay of one custodian of gymnasium, $1,200. Act of March 30, 1920 (41 Stut. 5.13).

2676. Teacher of music.-For pay of one teacher of music, $2,000. Act of March 30, 1920 (41 Stat. 542).

Similar provisions appear in previous appropriation acts.

2677. Chaplain.- * Provided, That the duties of chaplain at the Military Academy shall hereafter be performed by a clergyman to be appointed by the President for a term of four years, and the said chaplain shall be eligible for re-appointment for an additional term or terms and shall, while so serving, receive the same pay and allowances as are now allowed to a captain mounted. Act of Feb. 18, 1896 (29 Stat. 8).

For pay of one chaplain, $2,400. Act of March 30, 1920 (41 Stat. 538).

The first paragraph above repealed so much of R. S. 1309, as provided for a chaplain. See 2639, ante.

The office of chaplain was established by the act of Apr. 4, 1818 (3 Stat. 426), which authorized the appointment of a chaplain at the Military Academy, who should also be professor of geography, history, and ethics. By the act of Feb. 18, 1896 (29 Stat, 8). the professorship thus authorized was discontinued, the duties of chaplain being performed by the officer whose appointment was authorized by that statute, and the duty of giving instruction in history being transferred by Executive regulation to the departn.ent of law,

2678. Librarian and assistant librarian.—The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay. R. S. 1340.

For pay of one librarian, $3,000.

For pay of one assistant librarian, $1,500. Act of March 30, 1920 (41 Stat. 543).

Similar provisions appear in previous appropriation acts. 2679. Composition of the Corps of Cadets.-That the Corps of Cadets of the United States Military Academy shall hereafter consist of two from each congressional district, two from each Territory, four from the District of Columbia, two from natives of Porto Rico, four from each State at large, and eighty. two from the United States at large, twenty of whom shall be selected from among the honor graduates of educational institutions having officers of the Regular Army detailed as professors of military science and tactics under existing law or any law hereafter enacted for the detail of officers of the Regular Army to such institutions, and which institutions are designated as "honor schools," upon the determination of their relative standing at the last preceding annual inspection regularly made by the War Department, and two of whom shall be selected from persons recommended by the Vice President. They shall be appointed by the President and shall, with the exception of the eighty-two appointed from the l'nited States at large, be actual residents of the congres. sional or territorial district, or of the District of Columbia, or of the Island of Porto Rico, or of the States, respectively, from which they purport to be ap. pointed. Chap. XXII, act of July 9, 1918 (10 Stat. 894).

Sec, 1, act of Mar. 3, 1915, authorizing an increase in the number of cadets, has been superseded by the above statute. Sec. 3 of said act provided that the increase be made in four annual increments.

Notes of Decisions.

District of appointment.-In general, minors whose fathers are living and residing within the United States are, by reason of their minority, ineligible to appointment

as cadets to the Military Academy at West
Point from any other congressional districts
than those in which their fathers reside.
(1869) 13 Op. Atty. Gen. 130.



2680. Appointment of enlisted men as cadets.—That the President is hereby authorized to appoint cadets to the United States Military Academy from among enlisted men in number as nearly equal as practicable of the Regular Army and the National Guard between the ages of nineteen and twenty-two years who have served as enlisted men not less than one year, to be selected under such regulations as the President may prescribe: Provided, that the total number so selected shall not exceed one hundred and eighty at any one time. Sec. 2, act of May 4, 1916 (39 Stat. 62).

2681. Appointment of Filipinos as cadets.—The Secretary of War is hereby authorized to permit not exceeding four Filipinos, to be designated, one for each class, by the Philippine Commission, to receive instruction at the United States Military Academy at West Point: Provided, That the Filipinos undergoing instruction, as herein authorized, shall receive the same pay, allowances, and emoluments as are authorized by law for cadets at the Military Academy appointed from the United States, to be paid out of the same appropriations: And provided further, That said Filipinos undergoing instruction on graduation shall be eligible only to commissions in the Philippine Scouts. And the provisions of section thirteen hundred and twenty-one, Revised Statutes, are modified in the case of the Filipinos undergoing instruction, so as to require them to engage to serre for eight years, unless sooner discharged, in the Philippine Scouts. Act of Jiay 28, 1908 (35 Stat. 441).

Prorided, That the four Filipino cadets authorized by the Act of May twentyeighth, nineteen hundred and eight, to be designated by the Philippine Commission to receive instructions at the United States Military Academy, shall hereafter be designated by the Governor General of the Philippine Islands. Act of Aug. 11, 1916 (39 Stat, 493).

For R. S. 1321, see 2690, post.

2682. Appointment of cadets in advance of admission.-Cadets shall be appointed one year in advance of the time of their admission to the Academy, except in cases where, by rason of death or other cause, a vacancy occurs which can not be provided for by such appointment in advance; but no pay

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or other allowance shall be given to any appointee until he shall have been regularly admittel, as herein provided; and all appointments shall be conditional, until such provisions shall have been complied with. R. S. 1317.

2683. Admission of a cadet although predecessor has been retained. - * Provided, That any person heretofore nominated in accordance with regulations, for appointment to fill a vacancy which would have resulted from the graduation of a cadet during the present year, may be so appointed notwithstanding the retention of such cadet at the Academy:

Act of Mar. 30, 1920 (41 Stat. 548).

2684. Examinations for admission.--Appointees shall be examined under regulations to be framed by the Secretary of War before they shall be admitted to the Academy and shall be required to be well versed in such subjects as he may from time to time prescribe. R. S. 1319, as amended by the act of Mar. 2, 1901 (31 Stat. 911). 2685. Physical examination for admission.-

Provided further, That hereafter any candidate designated as principal or alternate for appointment as cadet may present himself at any time for physical examination at West Point, New York, or other prescribed places, as may be designated by the Secretary of War:

Act of Aug. 9, 1912 (37 Stat. 252). 2686. Age of cadets at admission.--Appointees shall be admitted to the Academy only between the ages of seventeen and twenty-two years, except in the following case: That during the calendar years 1919, 1920 and 1921 any appointee who has served honorably and faithfully not less than one year in the armed forces of the United States or allied armies in the late war with Germany, and who possesses the other qualifications required by law, may be admitted between the ages of seventeen and twenty-four years: Provided, That whenever any member of the graduating class shall fail to complete the course with his class hy reason of sickness, or deficiency in his studies, or other cause, such failure shall not operate to delay the admission of his successor. R. S. 1318, as amended by act of Mar. 30, 1920 (41 Stat. 548).

R. S. 1318 provided that appointees should be admitted to the academy only between the ages of 17 and 22 years.

2687. Admission on the first of March.-Provided, That cadets appointed to the Military Academy at West Point, New York, for admission after the year nineteen hundred and seven, may be admitted on the first day of March in place of the first day of June. Act of Mar. 2, 1907 (34 Stat. 1063).

2688. Traveling expenses of cadets from their homes to the academy.--Provided further, That hereafter the actual and necessary traveling expenses of candidates while proceeding from their homes to the Military Academy for qualification as cadets shall, if admitted, be credited to their accounts and paid after admission from the appropriation for the transportation of the Army and its supplies. Act of June 28, 1902 (32 Stat. 409).

2689. Oath of cadets.-Each cadet shall, previous to his admission to the Academy, take and subscribe an oath or affirmation in the following form:

“ I, A B, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Government; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sovereignty, or fealty I may owe to any State, county, or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the rules and articles governing the armies of the United States,"

And any cadet or candidate for admission who shall refuse to take this oatlı shall be dismissed from the service. R. S. 1320,

2690. Engagement for military service by cadets.--Each cadet shall sign articles, with the consent of his parents or guardian if he be a minor, and if any he have, by which he shall engage to serve eight years unless sooner discharged. R. S. 1321.

The provisions of this section were modified, in the case of Filipinos receiving instruction at the academy, by a provision of act of May 28, 1908, ante, 2681.

2691. Cadets liable to military service.-Cadets shall be subject at all times to do duty in such places and on such service as the President may direct. R. S. 1323.

Notes of Decisions.

Service.-Cadets are neither commis. sioned officers, nor common soldiers, nor noncommissioned officers, but are inferior officers, who, for purposes of instruction, may be required to serve as officers, noncommissioned officers, or privates. Babbitt t'. U. S. (1880), 16 Ct. Cl. 202.

The cadet corps of the Military Academy is a part of the Army. U. S. v. Morton (1884), 5 Sup. Ct. 1, 3, 112 U. S. 1, 28

L. Ed. 613; Morton v. U. S. (1884), 19 Ct. C1. 200. See also Hartijan 0. U. S. (1905), 25 Sup. Ct. 204, 205, 196 U, S. 169, 49 L. Ed. 434, holding that a cadet may, in a certain sense, be an officer, as distinguished from an enlisted man, but that he is not an officer of the Army within the meaning of that word as used in other sections of this title. See notes to 2446, ante.


2692. Organization and training of the corps of cadets.--The corps of cadets shall be arranged into companies, according to the directions of the superintendent, each of which shall be commanded by an officer of the Army, for the purpose of military instruction. To each company shall be added four musi. cians. The corps shall be taught and trained in all the duties of a private soldier, non-commissioned officer, and officer, shall be encamped at least three months in each year, and shall be taught and trained in all the duties incident to a regular camp. R. S. 1322.

Recent Military Academy appropriation acts provide for three battalion commanders.
The current appropriation act provides for 31 field musicians (41 Stat. 539).
See 2658, ante.

2693. Four years of training for cadets.-The course of instruction at the United States Military Academy shall be four years :

Act of March 30, 1920 (41 Stat. 518).

The course of study at the Military Academy is fixed in part by the statutes creating the several departments of instruction, and in part by Executive regulation. 2694. Additional year at the Academy for cadets.-

Provided further, That any cadet now at the academy may at his option, exercised prior to June 11, 1920, continue at the academy one additional year and postpone thereby his prospective graduation, and cadets not electing so to prolong their course shall be graduated in the years assigned to their respective classes prior to the passage of this Act. Act of March 30, 1920 (41 Stat. 518).

2695. Instruction as to effect of alcohol and narcotics.-That the nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools and in the Military and Naval Schools, and shall be studied and taught as thoroughly and in the same manner as other like required


branches are in said schools, by the use of text-books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States. Sec. 1, act of day 29, 1886 (24 Stat. 69).

That it shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this act; and any such officer,, school director, committee, superintendent, or teacher who shall refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Sec. 2, act of May 20, 1886 (24 Stat. 69).

2696. No study on Sunday.—The Secretary of War shall so arrange the course of studies at the Academy that the cadets shall not be required to pursue their studies on Sunday. R. S. 132. 2697. Deficient cadets reexamined.

* Provided, That whenever a cadet shall fail to pass any required examination because deficient in any one subject of instruction he shall have the right to apply for a second examination regard. ing such subject by making written application therefor to the Academic Board within ten days after being officially notified of such failure. The examination demanded shall be held within sixty days from the date of such application, and if the cadet being otherwise qualified shall pass the same by compliance with the requirements existing at the time of the first examination, he shall be readmitted to the academy: Provided further, That this proviso shall apply to those former cadets who failed in not more than two subjects during the current year who shall make application for such examination within twenty days after the approval of this Act: Provided further, That any cadet who fails to pass any required examination shall have no more than one reexamination :

Act of Aug. 11, 1916 (39 Stat, 493). 2698. Reappointment of discharged deficient cadets.--No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the Academy shall, unless upon recommendation of the academic board, be returned or reappointed, or appointed to any place in the Army before his class shall have left the Academy and received their commissions. R. S. 1325.

Notes of Decisions.

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Reappointment.-Congress bad authority to thus limit or restrict the authority of toe President to appoint cadets. And this section probibits the returning or reappointing of a cadet to the Military Academy, except upon the recommendation of the academic board. It is not within the authority of the President, in opposition to an adverse recommendation of the academic

board of the Military Academy, to revoke an order of the Secretary of War for the discharge of a cadet and to restore him to the academy to take his place in the next succeeding first class. That order, having been completely executed, is beyond the power of revocation.

(1881) 17 Op. Atty. Gen. 67.


2699. Appointment of discharged cadets in the Marine Corps.--vided further, That no midshipman at the United States Naval Academy or cadet at the United States Military Academy who fails to graduate therefrom sball be eligible for appointment as a commissioned officer in the Marine Corps

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