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THE MILITARY ACADEMY.
1106a. Existing laws relating to the Military Academy, officers and enlisted men on retired list, detached and additional officers, etc.-All existing laws pertaining to or affecting the United States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the officers and enlisted men on the retired list, the detached and additional officers under the Act of Congress approved March third, nineteen hundred and eleven, recruiting parties, recruit depots and unassigned recruits, service school detachments, United States disciplinary barracks guards, disciplinary organizaions, the Philippine Scouts, and Indian scouts shall continue and remain in force except as herein specifically provided otherwise. Sec. 22, Act of June 3, 1916 (39 Stat. 181).
1108a. Vacancies, how filled.-The President of the United States be authorized to fill any vacancies occurring at said academy by reason of death, or other cause, of any person appointed by him. Act of Mar. 3, 1875 (18 Stat. 467).
1108b. Officer of Army holding position of professor, with certain service, to have rank, pay, etc., of colonel.–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 fourteen, 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 colonel in the Army. Act of Aug. 9, 1912 (37 Stat. 264).
1116a. Assignment of assistant professor to department of law.Hereafter there may be assigned to the department of law one assistant professor. Act of Jan. 16, 1895 (28 Stat. 630).
1117a. Pay and allowances of associate professor of mathematics; detail of from officers of Army.—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).
1125a. Rank, pay, and allowances of professor who has served not less than thirty-three years in the Army, one-third of which has been at the Military Academy.-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, onethird 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 colonel in the Army. Act of Aug. 11, 1916 (39 Stat. 493).
1131a. Custodian of gymnasium to act as trainer of athletic trams.-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).
1132a. Master of the sword, relative rank, pay, and allowances.The master of the sword shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a major during the active service of the present incumbent of that office. Act of May 29, 1917 (40 Stat. 90).
1136a. Detail of commissary sergeant.-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).
1136b. Retirement of present manager of cadet store, pay of.The present manager of the cadet store shall, on his own application, after forty years' service as clerk, superintendent, and manager of said store, be entitled to be placed on the retired list of the Army with the pay of a retired pay clerk, Quartermaster Corps, of the same period of service. Act of Aug. 11, 1916 (39 Stat. 493).
CORPS OF CADETS.
1139a. Number and appointment, including appointments from honor graduates of colleges.—The Corps of Cadets at the United States Military Academy shall hereafter consist of two for 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 from the United States at large, twenty of whom shall be selected from among the honor graduates of educaticnal 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. They shall be appointed by the President and shall, with the exception of the eighty appointed from the United States at large, be actual residents of the congressional 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 appointed. Sec. 1, Act of May 4, 1916 (39 Stat. 62).
(For the ensuing provision of this section see paragraph 1141b.)
1139b. Same--Appointment of one hundred and eighty from enlisted of Regular Army and the National Guard.-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. %, id.
1139c. Same-Appointments authorized to be divided into four annual increments.--Under such regulations as the President shall prescribe, the increase in the number of cadets provided for by this Act shall be divided into four annual increments, which shall be as nearly equal as practicable and be equitably distributed among the sources from which appointments are authorized. Sec. 3, id.
. 1139d. Appointment of board of officers to report upon needs as to buildings, to accommodate increased Corps of Cadets.—The Secretary of War is authorized and directed to appoint three officers of the Army, whose duty it shall be to investigate and to make report to Congress on the first Monday in December, nineteen hundred and sixteen, what is necessary to be done in the way of buildings and other improvements to accommodate and care for the increased Corps of Cadets, as provided by the Act of May fourth, nineteen hundred and sixteen, together with the probable cost thereof. Act of Aug. 11, 1916 (39 Stat. 503).
1141a. Admission of successor after three years' course.-Until the apportionment under the Fourteenth Census of the United States becomes effective, whenever any cadet shall have finished three years of his course at the academy his successor may be admitted. Act of Mar. 4, 1915 (38 Stat. 1128).
1141b. Same-Repealed, but appointment of each member of present corps validated.-So much of the Act of Congress approved March fourth, nineteen hundred and fifteen (Thirty-eighth Statutes at Large, page eleven hundred and twenty-eight), as provides for the admission of a successor to any cadet who shall have finished three years of his course at the academy be, and the same is hereby, repealed: Provided further, That the appointment of each member of the present Corps of Cadets is validated and confirmed. Sec. 1, Act of May 4, 1916 (39 Stat. 69).
(For the preceding provision of this section see par. 1139a.)
'Held, that the statute contemplates a year's service in one or the other of the forces named, and that service as an enlisted man in the Navy could not be counted for the purposes of the act.
Held, that to satisfy the requirements of the statute the prior service must have been rendered in that branch from which the application is made. (War Dept. Bull. 9. Feb. 2, 1917.)
1143a. Appointment from the Philippines.—The four Filipino cadets authorized by the Act of May twenty-eighth, nineteen hundred and eight,1 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).
1158a. Supplies, technical and scientific, for departments of instruction, purchase of, by contract or otherwise, in discretion of Secretary of War.--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 Mar. 4, 1915 (38 Stat. 1136).
1162a. Second examination where deficient in one subject.-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 regarding such subject by making written application therefor to the Academic Board within ten days afier 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. Act of Aug. 11, 1916 (39 Stat. 493).
1162b. Same-Applicable to former cadets who failed in not more than two subjects during current year.—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.-Id.
1162c. Same-Not to be given more than one reexamination.-Any cadet who fails to pass any required examination shall have no more than one reexamination. Id.
1162d. Honorably discharged eligible for appointment as second lieutenants under national-defense Act.-Nothing contained in section thirteen hundred and twenty-five of the Revised Statutes shall render ineligible any former cadet honorably discharged from the Military Academy for deficiency in studies, if otherwise qualified, as a civilian candidate for appointment to any vacancy in the grade of second lieutenant under class six ? of the national-defense Act approved June third, nineteen hundred and sixteen.-Act of Aug. 11, 1916 (39 Stat. 493), amending sec. 1325, R. S.
1162e. Not eligible for appointment in Marine Corps until after graduation of his class.-No midshipman at the United States Naval Academy or cadet at the United States Military Academy who fails to graduate therefrom shall be eligible for appointment as a cominissioned officer in the Marine Corps until after the graduation of the class of which he was a member. Act of Aug. 29, 1916 (39 Stat. 611).
1162f. Appoint as second lieutenant and retire William H. Kʼehoe, lute cudet.-The President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint William Harold Kehoe, late a cadet at the Military Academy at West Point, to the position of second lieutenant of Infantry of the Army, and to place him upon the retired list with the pay of a retired second lieutenant of Infantry. Act of May 29, 1917 (40 Stat. 100).
1162g. SameClyde R. Altman.—The President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to appoint Clyde R. Altman, late a cadet at the Military Academy at West Point, to the position of second lieutenant of Infantry of the Army, and to place him upon the retired list with the pay of a retired second lieutenant of Infantry. Id., 101.
1174a. Board of visitors.—There shall be appointed every year, in the following manner, a board of visitors, to attend the annual examination of the academy: Seven persons shall be appointed by the President, and two Senators and three Members of the House of Representatives shall be designated as visitors by the Vice President or President pro tempore of the Senate and the Speaker of the House of Representatives, respectively, at the session of Congress next preceding such examination. Sec. 1327, R. S.
1174b. Compensation 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. Sec. 1329, R. S.
? The act of August 9, 1912 (37 Stat. 257), paragraph 1174, ante, appears to sipersede all of this section except the requirement that “there shall be appointed every year
* a board of visitors." * The act of August 9, 1912 (37 Stat. 257), paragraph 1174, ante, appears to supersede all of this section except the requirement that “no compensation shall be made to the members of said board beyond the payment of their expeuses and an allowance,
for traveling by the shortest Wail route."