paid at the time of landing to the post quartermaster or his authorized agent. Act of Mar. 4, 1915 (38 Stat. 1137).

2721. Maintenance, United States Military Academy, fund.-For the purpose of accounting only, all funds hereinbefore appropriated under the titles "Current and ordinary expenses," "Miscellaneous items and incidental expenses," and "Buildings and grounds,” shall be disbursed and accounted for by the disbursing officer, United States Military Academy, as Maintenance, United States Military Academy," and for that purpose shall constitute one fund. Act of March 30, 1920 (41 Stat. 547).

Notes of Decisions.

Appropriations. The post of West Point is one of the military posts of the United States, and the appropriation for the construction of buildings at military posts is applicable to the erection of such quarters as are for the use of the military post at that place and independent of the Military Academy located there. 5 Comp. Dec. 812; 3 Dig. Dec. Sec. Comp., 216.

Expenditures for the support of the Military Academy must be limited to the amounts appropriated in the acts for the support of the academy, unless a contrary purpose on the part of Congress clearly appears in its legislation. Id., 216.

2722. Pay fund.-All the money hereinbefore appropriated for pay of the Military Academy shall be disbursed and accounted for by the disbursing officer of the United States Military Academy as pay of the Military Academy, and for that purpose shall constitute one fund. Act of March 30, 1920 (41 Stat. 544).

2723. Cadet store working fund.-That $150,000 are hereby appropriated for use of the treasurer, United States Military Academy, as a working fund to enable him to keep stock in cadet store, cadet mess, and cadet laundry during the continuance of the present system of cadet instruction at the United States Military Academy: Provided further, That in case a four-year course is reestablished that this amount shall remain available for use of treasurer of the United States Military Academy until such time as the equipment fund of cadets shall have reached the same amount. Act of Nov. 4, 1918 (40 Stat. 1032), making appropriations for the support of the Military Academy.

2724. Board of Visitors.-That hereafter the Board of Visitors to the Military Academy shall consist of five members of the Committee on Military Affairs of the Senate and seven members of the Committee on Military Affairs of the House of Representatives, to be appointed by the respective chairmen thereof; the members so appointed shall visit the Military Academy annually at such time as the chairman of said committees shall appoint, and the members from each of said commmittees may visit said academy together or separately as the said committees may elect during the session of Congress; and the superintendent of the academy and the members of the Board of Visitors shall be notified of such date by the chairman of the said committees. The expenses of the members of the board shall be their actual expenses while engaged upon their duties as members of said board not to exceed five dollars per day and their actual expenses of travel by the shortest mail routes: Provided further, That so much of sections thirteen hundred and twenty-seven, thirteen hundred and twenty-eight, and thirteen hundred and twenty-nine, Revised Statutes of the United States, as is inconsistent with the provisions of this Act are hereby repealed. Act of May 28, 1908 (35 Stat. 436), as amended by act of Aug. 9, 1912 (37 Stat. 257).

The board of visitors was established by R. S. 1327, which provided for the appointment of such a board every year. The provisions of that section relating to the manner of appointment of such board, the persons to be appointed, and their attendance at the annual examination, were superseded by the provisions of act of May 28, 1908, repeated and reenacted in act of Mar. 4, 1909 (35 Stat. 1033), and amended as above.

The other provisions of this section, specifying the nature and amount of compensation to members of the board, were superseded by provisions for payment of mileage and a per diem for expenses during their service at West Point, made by sec. 1, act of June 11, 1878 (20 Stat. 110), and those provisions were superseded by the provisions, as to expenses of members of the board of act of May 28, 1908, amended by the above act. 2725. Payment of expenses of the Board of Visitors.-No compensation shall be made to the members of said board beyond the payment of their expenses for board and lodging while at the Academy, and an allowance, not exceeding eight cents a mile, for traveling by the shortest mail-route from their respective homes to the Academy, and thence to their homes. R. S. 1329.

2726. Duties of the Board of Visitors.-It shall be the duty of the board of visitors to inquire into the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the Academy. The visitors appointed by the President shall report thereon to the Secretary of War, for the information of Congress, at the commencement of the session next succeeding such examination, and the Senators and Representatives designated as visitors shall report to Congress, within twenty days after the meeting of the session next succeeding the time of their appointment, their action as such visitors, with their views and recommendations concerning the Academy. R. S. 1328.

The words of this section, "appointed by the President," were superseded by 2724, ante.

CHAPTER 41.

.

2727. Discrimination against persons wearing uniforms.-That hereafter no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, the District of Alaska or Insular possession of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue-Cutter Service or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. Act of Mar. 1, 1911 (36 Stat. 963).

2728. Unlawful wearing of the national uniform.-It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps:

Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 125, act of June 3, 1916 (39 Stat. 216-217).

That section 125 of the Act entitled "An Act for making further and more effectual provisions for the national defense, and for other purposes," approved June 3, 1916, shall hereafter be in full force and effect as originally enacted, notwithstanding anything contained in the Act entitled "An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment and to wear the same under certain conditions," approved February 28, 1918: Provided, That the words "or the Secretary of the Navy" shall be inserted immediately after the words "the Secretary of War" wherever those words appear in section 125 of the Act approved June 3, 1916, hereinbefore referred to. Sec. 8, act of June 4, 1920 (41 Stat. 36).

For act of Feb. 28, 1919, apparently intended by "1918," above, see ante, 935. 2729. National uniform worn by former officers.

the foregoing provision shall not be construed ** *

*

*

Provided, That nor to prevent persons

who in time of war have served honorably as officers of the United States

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Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service; Sec. 125, act of June 3, 1916 (39 Stat. 216).

2730. National uniform worn by officers who served in the Civil War.-That all officers who have served during the rebellion as officers of the Regular Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Act of Feb. 4, 1897 (29 Stat. 511).

2731. National uniform worn by volunteer officers who served in the Civil War. All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments. R. S. 1226.

2732. National uniform worn by officers who served in the war with Spain or since. That all officers who have served during the war with Spain,or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service by resignation or otherwise, shall be entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service. Sec. 34, act of Feb. 2, 1901 (31 Stat. 757). 2733. Organizations and persons permitted to wear uniforms.— Provided, That the foregoing provision shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the National Guard; nor to prevent members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War may designate, from wearing their prescribed uniforms; * nor to prevent the members of military societies composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uniform duly prescribed by such societies to be worn by the members thereof; nor to prevent the instructors and members of the duly organized cadet corps of a State university, State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authori

ties of such institution of learning for wear by the instructors and members of such cadet corps; nor to prevent civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; nor to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps: Sec. 125, act of June 3, 1916 (39 Stat. 216).

*

2734. Distinctive mark to distinguish uniforms.Provided further. That the uniforms worn by officers or enlisted men of the National Guard, or by the members of the military societies or the instructors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: Sec. 125, act of June 3, 1916 (39 Stat. 217).

2735. Insignia of rank of Army officers not to be used by others.— And provided further, That the members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto.

* Sec. 125, act of June 3, 1916 (39 Stat. 217).

2736. Unauthorized wearing of the uniform of a friendly nation. That it shall be unlawful for any person, with intent to deceive or mislead, within the United States or Territories, possessions, waters, or places subject to the jurisdiction of the United States, to wear any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation, or Government with which the United States is at peace, or any uniform, decoration, or regalia so nearly resembling the same as to be calculated to deceive, unless such wearing thereof be authorized by such State, nation, or Government.

Any person who violates the provisions of this Act shall upon conviction be punished by a fine not exceeding $300 or imprisonment for not exceeding six months, or by both such fine and imprisonment. Act of July 8, 1918 (40 Stat. 821).