of "Anact to reg and surgery, etc., Columbia, of SEC. 12. That this act shall not apply to commissioned The provisions surgeons of the United States Army, Navy, or Marine-ulate the pracHospital Service, nor to regularly licensed physicians and tice of medicine surgeons in actual consultation from other States or Terri- in the District of tories, nor to regularly licensed physicians and surgeons June 3, 1896, exactually called from other States or Territories to attend empt surgeons of specified cases in the District of Columbia, nor to the treat-Supp. R. S., vol. ment of any case of actual emergency, nor to the practice 2, p. 497. of massage or the so-called Swedish movement cure, nor to the use of ordinary domestic remedies without fee, gift, or consideration of any kind. the Navy. Exemptions. Surgeons spe That such surgeons in the Navy not in line of promotion June 10, 1896. as may have been appointed to that position in accordance 29 Stat. L., 361. with a special act of Congress for meritorious services dur- 2 Supp., p. 517. ing yellow fever epidemics shall have all the benefits of cially appointed. 1 Supp., p. 401. their previous service in the same manner as if said appointments were a reentry into the Navy. Title 10. Mar. 3, 1857, 3, SEC. 436. The Secretary of the Navy may place the supervision of the Nautical Almanac in charge of any officer or Superintendent, professor of mathematics in the Navy who is competent for pay of that service. Such officer or professor, when so employed, v. 11, p. 246. shall be entitled to receive the shore-duty pay of his grade, and no other. Ephemeris. Al and Of the Ephemeris and Nautical Almanac and of the Jan. 12, 1895. papers supplementary thereto, one thousand five hundred Nautical copies; one hundred copies for the Senate, four hundred manac for the House, and one thousand for distribution or sale by the Navy Department. The five hundred copies printed for Congress, and the usual number shall be for the calendar year next following, and those for the Navy Department for the third year following. The Secretary of the Navy is also authorized to cause additional copies of the Ephemeris, and of the Nautical Almanacs extracted therefrom, to be printed for the public service and for sale to navigators and others: Provided, That all moneys received from Proviso. sales of the Ephemeris and of the Nautical Almanacs shall be deposited in the Treasury and placed to the credit of the general fund for public printing. Sales. Title 15, chap. 4. SEO. 1483. Graduates of the Naval Academy shall take Rank of gradu rank according to their proficiency as shown by their order ates of Naval of merit at the date of graduation. Academy. May 23, 1872, s. 1. v. 17, p. 153. See note 1. Title 15, chap. 5. SEC. 1511. The Naval Academy shall be established at Where estab- Annapolis, in the State of Maryland. lished. May 11, 1864, s. 4, v. 13, p. 85. 696-697. emy. year, assigned to March 2, 1889. That the Academic Board of the Naval Academy shall 25 Stat., L. 878. on or before the thirtieth day of September in each year Supp. R. S., P. separate the first class of naval cadets then commencing Naval Acad their fourth year into two divisions, as they may have Cadets of first shown special aptitude for the duties of the respective class, fourth corps, in the proportion which the aggregate number of two separate di- Vacancies occurring in the preceding fiscal year ending on the thirtieth day of June in the lowest grades of commisR. S., secs. 1511- sioned officers of the line of the Navy and Marine Corps of See note 2. the Navy shall bear to the number of vacancies to be supSee marine 'plied from the Academy occurring during the same period See Vessels of in the lowest grade of commissioned officers of the engineer corps of the Navy; visions. 1528. schools, title. the Navy, Division I. Line and Ma And the cadets so assigned to the line and Marine Corps rine Corps divi- division of the first class shall thereafter pursue a course sion and engineer division. of study arranged to fit them for service in the line of the Navy, and the cadets so assigned to the Engineer Corps division of the first class shall thereafter pursue a separate course of study arranged to fit them for service in the Engineer Corps of the Navy, and the cadets shall thereafter, and until final graduation, at the end of their six years' course, take rank by merit with those in the same division, according to the merit marks; Appointments from divisions at And from the final graduates of the line and Marine graduation. Corps division at the end of their six years' course, appoint See act Mar. 2, 1889. Note 1.-The positions given the midshipmen on their final examination (secs. 1483 and 1521) can not be disturbed. (See Ops., XI, p. 158; XV, p. 637; XVI, p. 296; Court of Claims, X, p. 474; Op. Aug. 12, 1881. Note 2.-Other statutes relating to the Naval Academy are as follows: 1874, Feb. 24, ch. 35, sec. 2, course of study for engineers; 1874. June 22, ch. 392, sec. 3, repeal of appointment of cadet engineers; 1874 June 23, ch. 453, punishment of hazing; 1877, Mar. 3, ch. 111, pay of cadets; 1878, June 17, ch. 260, number of cadets appointed; 1879, Feb. 14, ch. 68, par. 2, Board of Visitors; 1882, Aug. 5, ch. 391, pars. 1, 2, name, appointment, study, and discharge of naval cadets regulated; 1884, June 26, ch. 122, graduates to be commissioned ensigns; 1886, May 20, ch. 362, nature and effect of alcoholic drinks to be studied; 1886, Aug. 4, ch. 903, par. 2, no intoxicating liquors to be furnished Board of Visitors at Government expense. Aug. 5, 1882, ch. 391, par. 1, p. 376. June 26, 1884, ch. 122, p. 446, vacancies, etc., ments shall be made hereafter as it shall be necessary to fill vacancies in the lowest grades of commissioned officers of the line of the Navy and Marine Corps; and the vacancies in the lowest grades of the commissioned officers of the Engineer Corps of the Navy shall be filled in like manner by appointments from the final graduates of the Engineer division at the end of their six years' course: Provided, That no greater number of appointments into not to exceed the said lowest grades of commissioned officers shall be and to be in order made each year than shall equal the number of vacancies of merit. which shall have occurred in the same grades during the fiscal year then current; such appointments to be made from the final graduates of the year, in the order of merit as determined by the Academic Board of the Naval Academy, the assignment to be made by the Secretary of the Navy upon the recommendation of the Academic Board at the conclusion of the fiscal year then current; appointments. But nothing contained herein or in the naval appropria- Reduction of tion act of August fifth, eighteen hundred aud eighty-two, shall reduce the number of appointments of final graduates at the end of their six years course below twelve in each year to the line of the Navy, and not less than two shall be appointed annually to the Engineer Corps of the Navy, nor less than one annually to the Marine Corps; and if the number of vacancies in the lowest grades aforesaid, occurring in any year shall be greater than the number of final graduates of that year, the surplus vacancies shall be filled Filling vacan from the final graduates of following years, as they shall become available. cies. Aug. 5, 1882. 22 Stat. L., 284. Title of stu dents. Naval cadets, shipmen and 1528. June 17, 1878, SEC. 1512. [Superseded by act of August 5, 1882, as follows:] Provided, That hereafter there shall be no appointments of cadet-midshipmen or cadet-engineers at the Naval Academy, but in lieu thereof naval cadets shall be appointed from each Congressional district and at large, as now provided by law for cadet-midshipmen, and all the undergraduates at the Naval Academy shall hereafter be designated and called "naval cadets;" and from those who successfully name of, instead complete the six years' course appointments shall hereafter of cadet-midbe made as it is necessary to fill vacancies in the lower cadet engineers. grades of the line and Engineer Corps of the Navy and of, R. S., secs. 1512the Marine Corps: And provided further, That no greater Feb. 24, 1874, number of appointments into these grades shall be made ch. 35, p. 4. each year than shall equal the number of vacancies which ch. 260, p. 188. has occurred in the same grades during the preceding year; June 26, 1884, such appointments to be made from the graduates of the ch. 122, p. 446. year, at the conclusion of their six years' course, in the Mar. 2, 1889, ch. order of merit, as determined by the academic board of 396, and note, 546; the Naval Academy; the assignment to the various corps 116 U. S., 474, 483. to be made by the Secretary of the Navy upon the recom- stat.., p. 285. mendation of the academic board. But nothing herein contained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year eighteen hundred and eighty-two. And if there be a surplus of graduates, those who do not receive such appointment shall be given a certificate of 20 C. Cls., 226, 438; Aug. 5, 1882, 22 Number of naval cadets. graduation, an honorable discharge, and one year's sea-pay, as now provided by law for cadet-midshipmen; and so much of section fifteen hundred and twenty-one of the Revised Statutes as is inconsistent herewith is hereby repealed. That any cadet whose position in his class entitles him to be retained in the service may, upon his own application, be honorably discharged at the end of four years' course at the Naval Academy, with a proper certificate of graduation. SEC. 1513. There shall be allowed at said Academy one Mar. 2, 1867, s. naval cadet for every Member or Delegate of the House of 8. v. 14, p. 517; Representatives, one for the District of Columbia, and ten 12, v. 16, p. 334; appointed annually at large: Provided, however, That there June 17, 1878, v shall not be at any time more in said Academy appointed 5,1882, 22 Stat. L., at large than ten. July 15, 1870, s. 20. p. 143; Aug. p. 285. See note 3. July 26, 1894. Naval Acad. emy, Substitute for R. S., sec. 1514. That section fifteen hundred and fourteen, chapter five, title fifteen of the Revised Statutes of the United States, is hereby amended so that it shall hereafter read: The Secretary of the Navy shall, as soon after the fifth July 16, 1862, of March in each year as possible, notify in writing each s. 11, v. 12, p. 585. Naval Acad Member and Delegate of the House of Representatives of any vacancy that may exist in his district. emy, notice of vacancy. Nominations, how made. Appointment to be from district where vacancy exists. Candidates from D. C. and at large. Feb. 12, 1895. emy. The nomination of a candidate to fill said vacancy shall be made upon the recommendation of the Member or Delegate, if such recommendation is made by the first day of July of that year; but if it is not made by that time, the Secretary of the Navy shall fill the vacancy by appointment of an actual resident of the district in which the vacancy exists, who shall have been for at least two years immediately preceding the date of his appointment an actual and bona fide resident of the district in which the vacancy exists and of the legal qualification under the law as now provided. The candidate allowed for the District of Columbia, and all the candidates appointed at large, shall be selected by the President. That every Representative or Delegate in Congress, Naval Acad whose district or Territory is now not represented at the Appointment of Naval Academy by a cadet who was an actual resident of cadets from dis- such district or Territory at the time of his appointment, tricts not repre- shall be permitted and authorized to recommend a candi sented. date for appointment as cadet at the Naval Academy of the United States, said recommendation to be made on or before the fourth day of March, eighteen hundred and ninety-five, and the Secretary of the Navy shall nominate such cadet so recommended for appointment to said Academy, subject to the qualifications now prescribed by law. Such cadets, when so appointed, shall be in addition to the cadets now allowed by law, and the sum of money appropriated by the Act entitled "An Act making appropria Note 3.-A joint resolution, approved July 25, 1868, v. 15, p. 261, authorizes the Secretary of the Navy to receive for instruction at the Naval Academy not exceeding six persons, to be designated by the Government of the Empire of Japan, provided that no expense shall thereby accrue to the United States; and that the Secretary of the Navy may, in the case of the said persons, modify or dispense with any provisions of the rules and regulations of the said Academy which circumstances may, in his opinion, render necessary or desirable. Laws, 2d sess. 53d Cong., p. 137. tions for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes," approved July twenty-sixth, eighteen hundred and ninety-four, is hereby made available, and shall be Appropriation applied to carry into effect this law. available. candidates. 11, v. 12, p. 585. SEC. 1515. All candidates for admission into the Acad. Examination of emy shall be examined according to such regulations and July 16, 1862, 8; at such stated times as the Secretary of the Navy may April 17, 1866, s. prescribe. Candidates rejected at such examination shall 5, v. 14, p. 38. not have the privilege of another examination for admission to the same class, unless recommended by the board of examiners. See note 4. Second recommendation. July 17, 1866, s. 5, SEC. 1516. When any candidate who has been nominated upon the recommendation of a Member or Delegate of the July 16, 1862, s. House of Representatives is found, upon examination, to 11, v. 12, p. 585; be physically or mentally disqualified for admission, the v. 14, p. 38. Member or Delegate shall be notified to recommend another candidate, who shall be examined according to the provisions of the preceding section. See note 5. SEC. 1517. Candidates allowed for congressional dis- Qualifications. July 14, 1862, s. tricts, for Territories, and for the District of Columbia must 9, v. 12, p. 565; be actual residents of the districts or Territories, respec- July 16, 1862, s. 11, v. 12, p. 585; tively, from which they are nominated. And all candidates April 1, 1864, s. 2, must, at the time of their examination for admission, be V.13, p. 39. between the ages of fourteen and eighteen years, and physically sound, well formed, and of robust constitution. SEC. 2. That after the fourth day of March, eighteen hundred and eighty-nine, the minimum age of admission of cadets to the Academy shall be fifteen years and the maximum age twenty years. Mar. 2, 1889. Minimum age of admission 15 years and maximum 20. R. S. sec. 1517. how applied. SEC. 1518. No money appropriated for the support of the Naval Academy shall be applied to the support of any naval cadet appointed otherwise than in strict conformance 1, with the provisions of this chapter. Appropriations. May 21, 1864, 8. Aug. 5, 1882, 22 men found defi SEC. 1519. Naval cadets found deficient at any examina- Cadet-midshiption shall not be continued at the Academy or in the cient. service unless upon the recommendation of the academic, July 16, 1862, s. board. Note 4.-Section 1515 is to be read as if the dates fixed by the regulations of the Academy for the examination of candidates for admission were inserted therein; and hence by the existing law the season for recommendations and nominations of naval cadets begins after the 5th of March and expires on the 22d of September in each year. (Op., XVI, p. 621.) This opinion was given in the case of a Member whose candidates, sent down in June and September, failed, and he wished to send another in January following. It was held that no nomination could be made until after the 5th of March. 11, v. 12, p. 585; Note 5.-A candidate under fourteen or over eighteen years of age is not between the two ages, and can not be appointed. (Op., X, p. 315, July 29, 1862. For further discussion of the subject of appointments see Op., X, pp. 46, 495; Op., XVI, p. 621.) Note 6.-The naval appropriation act of March 8, 1883, provides for the actual and See traveling necessary traveling expenses of naval cadets while proceeding from their homes to expenses, title the Naval Academy for examination and appointment as caval cadets. Such ex- Pay and Allowpenses are not allowed to those not appointed. Note 7.-Under section 1519 the Secretary of the Navy has no right to continue at the Academy cadets found at any examination deficient in their studies, without the recommendation of the Academic Board. (Op., XV, p. 634.) By statutory definition, cadets are not to be included, in general, in legislation confined to "officers" of the Navy. (Idem.) Cadets, after the four years' course, are not entirely emancipated from probationary study; they are students at sea. (Op., XVI, p. 296.) ances. |