permitted a selection from any arm of the service, and did not confine the selection to an officer whose rank in the arm from which he was selected was that of colonel.

Hence an officer holding the rank of major general might be selected as superintendent. (1876) 15 Op. Atty. Gen. 110.

2646. Pay of the superintendent and of the commandant of cadets.-The superintendent of the Military Academy shall have the pay of a colonel, and the commandant of cadets shall have the pay of a lieutenant-colonel. R. S. 1334. See notes to 2645, ante.

2647. Leave of absence for the superintendent.-Hereafter the Secretary of War may grant the superintendent of the academy leave of absence without deduction from pay or allowances for the same period that the superintendent may grant leave of absence to other officers of the academy under the provisions of section thirteen hundred and thirty of the Revised Statutes. Act of Aug. 9, 1912 (37 Stat. 263).

For R. S. 1330, see post, 2654.

2648. Commandant of cadets.-The commandant of the cadets shall have the immediate command of the battalion of cadets, and shall be instructor in the tactics of artillery, cavalry, and infantry. R. S. 1312.

For statutes fixing rank and pay of the above officer, see 2645, 2646, ante, and 2658, post. See also note to 2692, post.

2649. Adjutant.-The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment. R. S. 1335.

For extra pay, see post, 2658.

2650. Quartermaster and commissary of cadets.-That the Secretary of War be hereby directed to detail a competent officer to act as quartermaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadets, and all provisions for the mess, shall be made, and that all supplies of all kinds and description shall be furnished to the cadets at actual cost, without any commission or advance over said cost; and such officer so assigned shall perform all the duties of purveying and supervision for the mess, as now done by the purveyor, without other compensation. Act of Aug. 7, 1876 (19 Stat. 126).

For extra pay, see post, 2658.

2651. Commissary sergeant.-*

*

And the Secretary of War is hereby authorized to detail a commissary-sergeant to act as assistant to the commissary of cadets. Act of June 30, 1882 (22 Stat. 123).

*

2652. Command by the academic staff.-* but the academic staff as such shall not be entitled to any command in the Army separate from the Academy. R. S. 1314.

2653. Rank and command of professors.-Provided, That the professors and the associate professor of the United States Military Academy shall have the actual rank in the United States Army now assigned to them by assimilation in the regulations of the Military Academy prescribed by the President of the United States, and that they shall exercise command only in the academic department of the United States Military Academy. Act of June 28, 1902 (32 Stat. 409).

Notes of Decisions.

Nature of professor's office.-The office of professor is not an Army office within the

military acceptation of that term, This section was designed to give rank to civilian

professors to enforce military discipline at the academy, but does not change the character of the office by the addition of actual

rank in the Army. Huse v. U. S. (1907), 43 Ct. Cl. 19.

2654. Leave of absence for professors and officers.-Leave of absence may be granted by the superintendent, under regulations prescribed by the Secretary of War, to the professors, assistant professors, instructors, and other officers of the Academy, for the entire period of the suspension of the ordinary academic studies, without deduction from pay or allowances. R. S. 1330.

Leave of absence to the superintendent was authorized by a provision of act of Aug. 9, 1912, ante. 2647.

The provisions of this section were extended to include officers on duty exclusively as instructors at the service schools by a provision of act of Mar. 23, 1910 (36 Stat. 244), ante, 1664

2655. Retirement of professors.-The professors of the Military Academy at West Point are placed on the same footing, as to retirement from active service, as officers of the Army. R. S. 1333.

2656. Pay and allowances of professors and instructors.-Each of the professors of the Military Academy whose service at the Academy exceeds ten years shall have the pay and allowances of colonel, and all other professors shall have the pay and allowances of lieutenant-colonels; and the instructors of ordnance and science of gunnery and of practical engineering shall have the pay and allowances of major; and hereafter there shall be allowed and paid to the said professors ten per centum of their current yearly pay for each and every term of five years' service in the Army and at the Academy: Provided, That such addition shall in no case exceed forty per centum of said yearly pay; and said professors are hereby placed upon the same footing, as regards restrictions upon pay and retirement from active service, as officers of the Army. R. S. 1336.

**

** and that section thirteen hundred and thirty-six of the Revised Statutes be, and is hereby, amended by inserting, after the word "service in the first line, the words as professor." Sec. 4, act of June 23, 1879 (21 Stat. 34), amending R. S. 1336.

66

For pay of seven professors, $26,500. Act of Mar. 30, 1920 (41 Stat. 538). For additional pay see 2658, post.

2657. Rank and pay of colonel after long service for permanent professors.-That any officer of the United States Army now holding the position of permanent professor at the United States Military Academy who on July first, nineteen hundred and sixteen, should have served not less than thirty-three years in the Army, one-third of which service shall have been as professor and instructor at the Military Academy, shall on that date have the rank, pay, and allowances of a colone! in the Army: *** Act of Aug. 11, 1916 (39 Stat. 493). This section may be regarded as superseding a similar provision of act of Aug. 9, 1912 (37 Stat. 264), which applied to officers who, on July 1, 1914, had served not less than 33 years, etc.

2658. Extra pay of detached officers.-For extra pay of officers of the Army on detached service at the Military Academy:

For pay of one commandant of cadets (colonel) in addition to his regular pay, $1,000.

For pay of one professor of ordnance and science of gunnery (lieutenant colonel) in addition to pay as major, $500.

146345-21-VOL 2--23

1277

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ve pay for the craba in additive to pay ss exptala, $1,800, Tawsint instreter of Fiend Artery tatis major)

$

I'

Istractors of Cavalry, Artillery Field and Coast, ani Cereas, in sadition to pay as first and seed Beutenants,

kra bilocal pay of professors and officers and offers on increased rank) for at of service, $L PL Act of Mar. 81, 1923 141 diat, 538-209). Am ar provisions appear in previous appropriatina 2018.

Provided. That these civil

2659. Quarters for civilian instructors-* in in strettors explored in the department of modern languages and the dejarthest of tactics shall be entitled to pubic quarters and to the same allowswith pojat to fiel and light as those of a first lieutenant when occu1. La partie quarters. Art of Mar. 3), 1820 141 Stat. 5421.

Pro sled, That Lereafter the chapel organist and c irmaster shall to mi ed to pallje quarters when available and to the site allowances with Ingent to fte, at 1 light as those of a scond Deutenant when occupying public At of Aug. 11, 1915 435 Stat. 1.7),

2660. Assistant professors and instructors of tactics-Each assistant professor and each senior assistent instructor of cavalry, artillery, and infantry tatics shall receive the pay of a captain. R. S. 1327.

Section thirteen hundred and thirty seven is amet led by striking out, in tae seroid lue after the word "tactics" the words "and the instructors of practical military engineering." Act of Feb. 27, 1877 (19 Stat. 244), amending R. . .

That the assistant instructors of tactics commanding cadet companies at Wist Point shall receive the same pay and allowances as assistant professors in the other branches of study. Act of Mar. 3, 1875 (18 Stat. 457),

ben. 2 of the art of July 29, 1840 (3 Stat. 308), contained the requirement that the pay and emoluments of instructors in Cavalry, Artillery, and infantry tactics should not be less than was allowed by law (captam mounted) to the assistant professor of

mathematics.

This statute was replaced by the act of June 12, 1858 (11 Stat. 333), which conferred the pay of captain mounted upon the senior assistant instructor in each of the arms of service.

2661. Professor of ordnance and gunnery.-For pay of one professor of ordnance and science of gunnery (lieutenant-colonel), in addition to pay as major: Provided, That the position shall be filled by the detail of an officer of the Army, who, while so serving, shall have the title and status of other professors: * * Act of Mar. 2, 1907 (34 Stat. 1063); making appropriations for the support of the Military Academy.

See also 2658, ante.

2662. Assistant professors of ordnance and gunnery.-For pay of nine assisttant professors (captains), two of whom are hereby authorized hereafter for the department of English and history and the department of ordnance and gunnery, one for each department, respectively, in addition to pay as first lieutenant, three thousand six hundred dollars; Act of Mar. 3, 1911 (36 Stat, 1016).

See also 2658, ante.

2663. Associate professor of mathematics.

* * #

and there shall be ap

pointed at the Military Academy from the Army, in addition to the professors authorized by the existing laws, an associate professor of mathematics, * Act of Mar. 1, 1893 (27 Stat. 515).

Provided, That hereafter the associate professor of mathematics shall have pay and allowances of a major, and the position shall be filled by the detail of an officer from the Army at large; Act of Mar. 3, 1905 (33 Stat. 850).

For extra pay, see ante, 2658.

2664. Professor of law.*

*

Provided, That the Secretary of War may

assign one of the judge-advocates of the Army to be professor of law. Act of June 6, 1874 (18 Stat. 60).

Provided, That the Secretary of War may, in his discretion, assign any officer of the Army as professor of law. Act of June 1, 1880 (21 Stat. 153). 2665. Assistant professor of law.* and hereafter there may be assigned to the department of law one assistant professor. Act of Jan. 16, 1895 (28 Stat. 630).

2666. Professor of military hygiene.-Hereafter any officer detailed from the Medical Corps of the Army as senior medical officer of the post at the Military Academy, whose rank shall not be below that of lieutenant-colonel, shall be the professor of military hygiene. Act of Apr. 19, 1910 (36 Stat. 312).

A previous provision of act of June 28, 1906 (34 Stat. 522), authorized the detail of an officer of the Medical Corps as professor of military hygiene.

2687. Professor of modern languages.-That when a vacancy occurs in the office of professor of the French language or in the office of professor of the Spanish language in the Military Academy, both these officers shall cease, and the remaining one of the two professors shall be professor of modern languages; and thereafter there shall be in the Military Academy one, and only one, professor of modern languages; * Sec. 4, act of June 23, 1879 (21 Stat. 34).

*

Notes of Decisions.

Professor of Spanish.-Held, that the professership of the Spanish language in the Military A 'emy at West Point, estab

lished by this section, could not be abolished by an Executive order. (1878) 16 Op. Atty. Gen. 17.

2668. Associate professor of modern languages.-* Provided, That the Secretary of War shall assign an officer of the Army to the Military Academy as associate professor of modern languages, and that such officer, while so serving, shall receive the pay and allowances of a major; Act of Mar. 3, 1903 (32 Stat. 1012).

2669. Civilian instructors in French.-For pay of two civilian instructors of French, to be employed under the rules prescribed by the Secretary of War, at $2,000 each, $4,000. Act of Mar. 30, 1920 (41 Stat. 542).

2670. Civilian instructors of Spanish.-For pay of two civilian instructors of Spanish, to be employed under the rules prescribed by the Secretary of War, at $2,000 each, $4,000. Act of Mar. 30, 1920 (41 Stat. 542).

2671. Professor of English and history.- * * Provided, That the head of the department of English and history shall hereafter have the same status as the professors at the head of the other departments of instruction at the Military Academy, and the President of the United States is hereby authorized, by and with the consent of the Senate, to appoint a civilian in the department of English and history, United States Military Acadenry, a professor at the Miiitary Academy, with the rank, pay, allowances, title, and status of the other professors: Provided further, That the provisions of law relating to retirement for disability in line of duty shall not apply in the case of this professor until after he shall have served fifteen years at the Military Academy. Act of Apr. 15, 1910 (36 Stat. 312).

The similar act for the preceding year, act of Mar. 4, 1909 (35 Stat. 1032), made an appropriation for pay of one instructor of English and history, to be selected and appointed from civil life by the Secretary of War.

* Provided, That

2672. Assistant professors of English and history.—* hereafter two assistant professors shall be authorized in the department of English and history, one for English and one for history; Act of Aug. 9, 1912 (37 Stat. 252).

2673. Master of the sword.-The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a first lieutenant, mounted: Provided, however, That whenever a vacancy shall occur in the office of master of the sword and instructor of military gymnastics and physical culture the said office shall cease and determine, and the duties thereunto pertaining shall thereafter be performed by an officer of the line of the Army to be selected for that purpose by the Secretary of War; R. S. 1338, as amended by act of Mar. 2, 1901 (31 Stat. 914).

For pay of master of the sword, $3,500 and the present incumbent shall have the relative rank and be entitled to the pay, allowances, and emoluments of a lieutenant colonel during his incumbency. Act of Mar. 30, 1920 (41 Stat. 538).

This section, as enacted in the Revised Statutes, provided that the master of the sword was to receive pay at the rate of $1,500 a year, with fuel and quarters.

The words of the section, " first lieutenant," were superseded by a provision that the master of the sword should have the relative rank and should be entitled to the pay, allowances, and emoluments of a captain mounted, made by act of Mar. 3, 1905 (33 Stat. 850).

By act of May 29, 1917 (40 Stat. 90), the incumbent was given the pay, allowances, and emoluments of a major during his active service.