until after the graduation of the class of which he was a member. Act of Aug. 29, 1916 (39 Stat. 611).

2700. Hazing.-That the superintendent of the United States Military Academy, subject to the approval of the Secretary of War, shall make appropriate regulations for putting a stop to the practice of hazing, such regulations to prescribe dismissal, suspension, or other adequate punishments for infractions of the same, and to embody a clear definition of hazing.

That any cadet who shall be charged with offenses under such regulations which would involve his dismissal from the academy shall be granted, upon his written request, a trial by a general court-martial, and any cadet dismissed from the academy for hazing shall not thereafter be reappointed to the corps of cadets nor be eligible for appointment as a commissioned officer in the Army or Navy or Marine Corps until two years after the graduation of the class of which he was a member. Act of March 2, 1901 (31 Stat. 911), as amended by act of April 19, 1910 (36 Stat. 323).

The above was a proviso of the Military Academy appropriation act for the fiscal year 1902, which superseded a previous provision, that any cadet dismissed for hazing should not be eligible to reappointment, made by act of Mar. 31, 1884 (23 Stat. 7).

2701. Cadets to be tried by courts-martial.-The superintendent of the Military Academy shall have power to convene general courts-martial for the trial of cadets, and to execute the sentences of such courts, except the sentences of suspension and dismission, subject to the same limitations and conditions now existing as to other general courts-martial. R. S. 1326.

Notes of Decisions.

Courts-martial.-Cadets are soldiers, receiving the pay of sergeants, and bound to perform military duty in such places and on such service as the commander in chief shall order, and the corps to which they are attached is a part of the military peace establishment. As a part of the Corps of Engineers they form a part of the land forces of the United States, and have been constitutionally subjected by Congress to the Rules and Articles of War and to trial by court-martial. (1819) 1. Op. Atty. Gen. 276. And see (1821) 1 Op. Atty. Gen 469; (1855) 7 Op. Atty. Gen. 323.

Status of cadets.-The cadets of the Milltary Academy at West Point apperta'n by law to the Corps of Engineers, are therefore a part of the land force of the United States, and as such are subject to the rules and articles of war. But they are not "noncommissioned" officers of the acts of Congress and the general regulations, which expression means "sergeants and corporals," and is inapplicable to the cadets. They are inchoate officers of the Army, and subject by statute and regulation to no discipline incompatible with that character. (1855) 7 Op. Atty. Gen. 323.

2702. Pay and ration of cadets.-The pay of cadets for the fiscal year ending June 30, 1921, shall be fixed at $780 per annum and one ration per day or commutation thereof at the rate of $1.08 per ration, to be paid from the appropriation for the subsistence of the Army: Provided, That the sum of $250 shall be credited to each cadet now at the academy and to each cadet discharged since January 1, 1919, to the extent of paying any balance due by any such cadet to the academy on account of initial clothing and equipment issued to him. Act of March 30, 1920 (41 Stat. 538).

The pay of cadets was fixed by the act of Mar. 16, 1802 (2 Stat. 137), at $16 per month and two rations per day. By the act of Mar. 3, 1857 (11 Stat. 252), their pay was fixed at $32 per month. Sec. 3 of the act of Apr. 1, 1864 (13 Stat. 39), contained the requirement that the cadets at the Military Academy should receive the same pay ($500 per annum) as the midshipmen at the Naval Academy; sec. 2 of the act of Feb. 28, 1867 (14 Stat. 416), contained the requirement that they should also be entitled to the ration ($109.50 annual commutation value) then allowed to active midshipmen.

This fixed the pay and emoluments of a cadet at $609.50 per annum. The act of June 30, 1882 (27 Stat. 515), contained the requirement that no cadet should thereafter "receive more than at the rate of five hundred and forty dollars a year."

The pay of cadets was fixed by the act of June 28, 1902 (32 Stat. 409), at $500 per annum and one ration per day, or commutation therefor, such commutation to be 39 cents per day, to be paid from the appropriation for the subsistence of the Army. By the act of May 11, 1908 (35 Stat. 108), their pay was fixed at $600 a year. Act of May 28, 1908 (35 Stat. 403), provided that thereafter cadets should be entitled to rations, or commutation therefor, as bitherto allowed under the act approved June 28, 1902. Act of Mar. 4, 1919 (40 Stat. 1336), provided that for fiscal year ending June 30, 1920, the pay of cadets should be fixed at $780 per annum and one ration per day, or commutation therefor at the rate of 68 cents per ration, to be paid from the appropriation for the subsistence of the Army.

A person appointed to a position in the Army, either as a cadet or an officer, becomes a cadet or officer de facto when he accepts the appointment; but, in view of the act of July 2, 1862 (12 Stat. 502), his pay can not commence until he takes the oath of office. When a candidate passes the examinations and enters upon the duties of a cadet Le thereby accepts his appointment, and his service in the Army begins, but his pay can not commence until he takes the oath of office required by law. 3 Dig. 2d Comp. Dec., par. 884.

Fourteen dollars a month shall be deposited with the Treasurer from the pay of each cadet, to be applied, at the time of his graduation, to the purchase of a uniform and equipment. Par. 73, Reg. U. S. M. A., 1916.

The act of Nov. 4, 1918 (40 Stat. 1032), provided that the United States Military Academy cadets of the classes of 1920 and 1921 who have been ordered by military authority to graduate Nov. 1, 1918, and to provide themselves with the full personal equipment required for immediate active service overseas shall be credited with so much of their respective full course personal equipment allowances as may remain unpaid at the said date of their graduation.

2703. Graduation leave for instructors at training camps.-That the service of graduates of the Military Academy may be utilized during the months of June, July, August, and September of the year in which they graduate as instructors at the citizens' training camps, and their graduation leave may be taken at the termination of their services as instructors at these camps. Chap. XVIII, act of July 9, 1918 (40 Stat. 892).

2704. Band. The Military Academy Band shall hereafter consist of one teacher of music, who shall be the leader of the band, one enlisted band sergeant and assistant leader, and of fifty enlisted musicians. The teacher of music shall receive the pay and have the rank of a first lieutenant, not mounted; the enlisted band sergeant and assistant leader shall receive $972 per year; and of the enlisted musicians of the band, fifteen shall each receive $51 per month, fifteen shall receive $44 per month, and the remaining twenty shall each receive $38 per month, and each of the aforesaid enlisted men shall also be entitled to the clothing, fuel, rations, and other allowances of musicians of the Regular Army; and the said teacher of music, the band sergeant and assistant leader, and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other officers or enlisted men of the Army. R. S. 1111, as amended by the act of June 27, 1918 (40 Stat. 623).

See 2676, ante.

The act of Mar. 30, 1920 (41 Stat. 539), provides for one band sergeant and assistant leader, and 50 enlisted musicians for the Military Academy band. See also 2692, ante.

Pro

2705. Music furnished outside the reservation by the band.vided, That the band or members thereof and the field musicians of the Military Academy shall not receive remuneration for furnishing music outside the

limits of the military reservation when the furnishing of such music places them in competition with local civilian musicians. Act of May 28, 1908 (35 Stat. 432).

*

2706. Strength of the General Army Service, Quartermaster's Department, and the Cavalry detachments.- * * Provided, That the detachments of enlisted men at the Military Academy, heretofore designated as the General Army Service, Quartermaster's Department, and the cavalry detachment, shall be fixed at such numbers, not exceeding two hundred and fifteen enlisted men in both detachments, as in the opinion of the Secretary of War the necessities of the public service may from time to time require; but the number of enlisted men of the Army shall not be increased on account of this proviso or the two preceding paragraphs of this act. Act of Feb. 10, 1897 (29 Stat. 519).

The act of June 20, 1890 (26 Stat. 167), directed that the Artillery detachment at West Point be absorbed into the General Army Service, Quartermaster's Department, on duty at that post. Special provision for the pay of detachments on duty at the academy was not made until comparatively recent years.

The act of Jan. 16, 1895 (28 Stat. 627), provided for a detachment of Army service men in the Quartermaster's Department, and for a Cavalry detachment. An Artillery detachment was provided for by the act of June 6, 1900 (31 Stat. 647), and an Engineer detachment by the act of Aug. 9, 1912 (37 Stat. 254). The number in each detachment has been fixed in each case by subsequent annual appropriation acts, subject to the limitations of the above act. The act of Mar. 30, 1920 (41 Stat. 539-541), provides for all these detachments and also for a Signal Corps detachment and a Coast Artillery detachment.

2707. Engineer detachment.-Hereafter there shall be maintained at the United States Military Academy an engineer detachment, which shall consist of one first sergeant, one quartermaster sergeant, eight sergeants, ten corporals, two cooks, two musicians, thirty-eight first-class privates, and thirty-eight second-class privates;

For pay of such engineer detachment, twenty-four thousand dollars; additional pay for length of service, six thousand four hundred and eight dollars: Provided, That the enlisted men of said detachment shall receive the same pay and allowances as are now or may be hereafter authorized for corresponding grades in the battalions of engineers: Provided further, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Aug. 9, 1912 (37 Stat. 254). The number of men in this detachment has been fixed by successive acts making appro priations for the Military Academy.

A previous provision relating to the pay and allowances of the acting first sergeant of the detachment of Engineers, made by act of Mar. 3, 1911 (36 Stat. 1019), was superseded by these provisions of this act.

The act of Mar. 30, 1920 (41 Stat. 540), makes provision for pay of an Engineer detachment composed of 13 sergeants, 12 corporals, 3 cooks, 2 musicians, 38 privates, first class, and 50 privates.

2708. Vacant.

2709. Additional pay of certain enlisted men.-The non-commissioned officer in charge of mechanics and other labor at the Military Academy, the soldier acting as clerk in the adjutant's office, and the four enlisted men in the philosophical and chemical departments and lithographic office, shall receive fifty dollars a year additional pay. R. S. 1341.

Recent acts making appropriations for the Military Academy contain no provisions corresponding to the above.

Provision for extra pay of enlisted men stationed at West Point was regularly included in the acts making appropriations for the Military Academy, including the act of May 20, 1920.

2710. Overseer of waterworks.-Provided, That from the foregoing appropriations for waterworks, or from any appropriation that may hereafter be made for waterworks, a sum not to exceed seventy-five cents per day may be paid as extra-duty pay to the overseer, when such overseer is a soldier detailed for that duty. Act of Mar. 2, 1901 (31 Stat. 920).

The provision of this act was repeated in the Military Academy appropriation act for the fiscal year 1903, act of June 28, 1902 (32 Stat. 418), but was omitted from subsequent similar acts, and in each of them an appropriation was made, under the heading Pay of civilians," for an overseer of the waterworks. The provision for the fiscal year

1921 was by act of Mar. 20, 1920 (41 Stat. 543).

2711. Public documents for the library. The Secretary of the Senate shall furnish annually to the library of the Academy one copy of each document published, during the preceding year, by the Senate. R. S. 1332.

The library of the Military Academy was constituted a designated depository of Government publications by sec. 98, act of Jan. 12, 1895 (28 Stat. 624), 190, ante.

2712. Cullum Memorial Hall.-That the memorial hall to be erected under the provisions of this act shall be a receptacle of statues, busts, mural tablets, and portraits of distinguished and deceased officers and graduates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession; and to prevent the introduction of unworthy subjects into this hall the selection of each shall be made by not less than two-thirds of the members of the entire academic board of the United States Military Academy, the vote being taken by ayes and nays and to be so recorded. Sec. 6, act of July 23, 1892 (27 Stat. 263).

This section was part of an act to accept a bequest made by Gen. George W. Cullum for the erection of a memorial hall at West Point, and to carry the terms and conditions of the same into execution.

Other sections of the act accepted the bequest mentioned, created a board of trustees of the Memorial Hall, provided for the erection of a suitable structure for the purpose and the expenditure of the funds from the bequest therefor, and for the transfer of the building after its construction to the Government.

2713. Building for religious worship.-That the Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Military Reservation: Provided, That the erection of such building will not interfere with the uses of said reservation for military purposes. Said building shall be erected without any expense whatever to the Government of the United States, and shall be removed from the reservation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Secretary of War, public or military necessity shall require it, and without compensation for such building or any other expense whatever to the Government. Act of July 8, 1898 (30 Stat. 722).

Notes of Decisions.

Roman Catholic chapel.-Prior to the enactment of this section it was held that the Secretary of War had no power to accept for the Government a donation of

a building to be erected upon the military reservation at West Point for its use in perpetuity by Roman Catholics. (1897) 21 Op. Atty. Gen. 537.

2714. Hotel. That the Secretary of War is hereby authorized to lease land on the United States Military Reservation at West Point, for a term of not exceeding fifty years, to any corporation, company, or individual, upon which to erect a hotel, and all other necessary buildings in connection therewith, in

accordance with plans and specifications submitted to and recommended by the Superintendent of the Military Academy, and approved by the Secretary of War. Said lease shall contain such conditions, terms, reservations and covenants, as may be agreed upon and shall also provide for just compensation to the lessees for the construction of said hotel, appurtenances, and equipments, to be paid to said lessees at the termination of said lease. Act of March 4, 1919 (40 Stat. 1348), as amended by act of March 30, 1920 (41 Stat. 548).

The act of Mar. 4, 1919 (40 Stat. 1348), read as follows: The Secretary of War is hereby authorized to allow any corporation, company, or individua! to erect on the United States Military Academy reservation at West Point. New York, a hotel in accordance with plans and specifications to be approved by the Superintendent of the United States Military Academy and to enjoy the revenue therefrom for a period of fifty years; after which time said hotel shall become the property of the United States: Provided, That the title and ownership of said hotel may be accepted by the Secretary of War on the behalf of the United States at any time. That said hotel shall be conducted under such regulations including the rates and the charges for accommodations thereat as may be promulgated by the Superintendent of the United States Military Academy under the direction of the Secretary of War.

2715. Contingencies for the superintendent.--Contingencies for superintendent of the academy, $3,000. Aet of March 30, 1920 (41 Stat. 544).

Also, that all funds arising from the rent of the hotel on Academy grounds, and other incidental sources, from and after this date be, and are hereby, made a special contingent fund, to be expended under the supervision of the Superintendent of the Academy, and that he be required to account for the same annually, accompanied by proper vouchers to the Secretary of War. Act of May 1, 1888 (25 Stat. 112).

2716. Sale of gas.-* * * Provided, That all proceeds of sales of gas be paid into the post fund. Act of Mar. 1, 1893 (27 Stat. 520).

2717. Sale of unnecessary or unserviceable stores.And provided, That hereafter, when any machinery, apparatus implements, supplies, or materials which have been heretofore or may hereafter be purchased or acquired from appropriations made for the support of the United States Military Academy are no longer needed or are no longer serviceable, they may be sold in such manner as the superintendent may direct; and that the proceeds shall be turned into the Treasury as miscellaneous receipts. Act of March 4, 1919 (40 Stat. 1347), making appropriations for the support of the Military Academy.

2718. Purchase of supplies.- * Provided, That all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by contract or otherwise, as the Secretary of War may deem best. Act of March 30, 1920 (41 Stat. 545-546).

Similar provisions appear in previous appropriation acts.

2719. Settlement of accounts with other bureaus. And provided further, That hereafter in settling transactions between appropriations for the support of the United States Military Academy and other bureaus of the War Department, or between the United States Military Academy and any other executive department of the Government, payment therefor shall be made by the disbursing officer of the United States Military Academy or of the office, bureau, or department concerned. Act of Aug. 11, 1916 (39 Stat. 504).

2720. Wharfage dues.-The Secretary of War is authorized to have collected from vessels using the wharf and ferry slip at West Point, New York, such wharfage dues as he may deem just, reasonable, and necessary, the same to be