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CROSS-REFERENCES

Education in Alaska, see ALASKA.

Education of Blind and Deaf, see HOSPITALS AND ASYLUMS.
Education of Indians, see INDIANS.

Military Education, see MILITARY ACADEMY; NAVAL ACADEMY.
Public Lands for Educational Purposes, see PUBLIC LANDS.

I. OFFICE OF EDUCATION

Sec. 516. [Office of Education.] There shall be in the Department of the Interior a Bureau called the Office of Education, the purpose and duties of which shall be to collect statistics and facts showing the condition and progress of education in the several States and Territories, and to diffuse such information respecting the organization and management of schools and school-systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school-systems, and otherwise promote the cause of education throughout the country. [R. S.]

Act of March 2, 1867, ch. 158, 14 Stat. L. 434; Act of July 20, 1868, ch. 176, 15 Stat. L. 92, 106.

Sections 516 to 519 constitute chapter 9 of title XI of the Revised Statutes, which chapter is entitled "The Office of Education."

Sec. 517. [Commissioner of Education.] The management of the Office of Education shall, subject to the direction of the Secretary of the Interior, be intrusted to a Commissioner of Education, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of three thousand dollars a year. [R. S.]

Act of March 2, 1867, ch. 158, 14 Stat. L. 434; Act of July 20, 1868, ch. 176, 15 Stat. L. 92, 106.

The salary of the Commissioner has subsequently been increased. Five thousand dollars was appropriated for this purpose by the Legislative, Executive and Judicial Appropriation Act of March 4, 1915, ch. 141, 38 Stat. L. 1032.

Sec. 518. [Duties of Commissioner.] The Commissioner of Education shall present annually to Congress a report embodying the results of his investigations and labors, together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which the office is established. [R. S.]

Act of March 2, 1867, ch. 158, 14 Stat. L. 434.

See the Act of May 28, 1896, ch. 252, § 1, infra, p. 89.

Sec. 519. [Rooms for Office of Education.] The Chief of Engineers shall furnish proper offices for the use of the Office of Education. [R. S.] Act of March 2, 1867, ch. 158, 14 Stat. L. 434; Act of March 2, 1867, ch. 167, 14 Stat. L. 466.

Chief engineer of the army as commissioner of public buildings. The duties which formerly devolved upon the commissioner of public buildings, when that

office was created (April 29, 1816, 3 Stat. L. 324, ch. 150, sec. 2) continued to be performed by that officer until the office was abolished by the Act of March 2

1867, and its duties transferred to the chief engineer of the army (14 Stat. L. 466, ch. 167, sec. 2), and the chief engineer of the army thereafter performed the

duties formerly belonging to the commissioner. See U. S. v. Ashfield, (1875) 91 U. S. 317, 23 U. S. (L. ed.) 396.

[SEC. 1.] [Bulletin of higher education, etc., to be prepared - printing and distribution.] The Commissioner of Education is hereby authorized to prepare and publish a bulletin of the Bureau of Education as to the condition of higher education, technical and industrial education, facts as to compulsory attendance in the schools, and such other educational topics in the several States of the Union and in foreign countries as may be deemed of value to the educational interests of the States, and there shall be printed one edition of not exceeding twelve thousand five hundred copies of each issue of said bulletin for distribution by the Bureau of Education, the expense of printing and binding such bulletin to be charged to the allotment for printing and binding for the Department of the Interior. [29 Stat. L. 171.]

This is from the Legislative, Executive, and Judicial Appropriation Act of May 28, 1896, ch. 252.

II. MILITARY INSTRUCTION IN SCHOOLS AND COLLEGES Sec. 1225. [Officers and arms for colleges.] The President may, upon the application of any established military institute, seminary or academy, college or university, within the United States having capacity to educate at the same time not less than one hundred and fifty male students, detail an officer of the Army or Navy to act as superintendent, or professor thereof; but the number of officers so detailed shall not exceed fifty from the Army, and ten from the Navy, being a maximum of sixty, at any time, and they shall be apportioned throughout the United States, first, to those State institutions applying for such detail that are required to provide instruction in military tactics under the provisions of the act of Congress of July second, eighteen hundred and sixty-two, donating lands for the establishment of colleges where the leading object shall be the practical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics; and after that, said details to be distributed, as nearly as may be practicable, according to population. The Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice by the students of any college or university under the provisions of this section, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required: Provided, That nothing in this act shall be so construed as to prevent the details of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by act of Congress approved February twenty-sixth, eighteen

hundred and seventy-nine, entitled "An act to promote a knowledge of steam-engineering and iron-ship building among the students of scientific schools or colleges in the United States "; and the Secretary of War is hereby authorized to issue ordnance and ordnance stores belonging to the Government on the terms and conditions herein before provided to any college or university at which a retired officer of the Army may be assigned as provided by section twelve hundred and sixty of the Revised Statutes. [R. S.]

This section was amended "so as to read as" above given by section 1 of the Act of Sept. 26, 1888, ch. 1037, 25 Stat. L. 491.

Section 2 of that Act provides for the repeal of R. S. sec. 1225, as it existed before, "saving always, however, all acts and things done under the said amended section as heretofore existing." [25 Stat. L. 492.1

Originally this section was as follows:

SEC. 1225. The President may, upon the application of any established college or university within the United States, having capacity to educate, at the same time, not less than one hundred and fifty male students, detail an officer of the Army to act as president, superintendent, or professor thereof; but the number of officers so detailed shall not exceed twenty at any time, and they shall be apportioned throughout the United States, as nearly as may be practicable, according to population. Officers so detailed shall be governed by general rules prescribed, from time to time, by the President. The Secretary of War is authorized to issue at his discretion and under proper regulations to be prescribed by him, out of any small arms or pieces of field artillery belonging to the Government and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice, by the students of any college or university under the provisions of this section; and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe-keeping thereof, and for the return of the same when required." Act of July 28, 1866, ch. 299, 14 Stat. L. 336; Res. of May 4, 1870, No. 40, 16 Stat. L. 373.

By the Act of July 5, 1876, ch. 167, 19 Stat. L. 74, this section was first amended so as to authorize the President to detail thirty officers, "instead of twenty, as in said section provided."

By the Act of July 5, 1884, ch. 217, 23 Stat. L. 108, another amendment was enacted authorizing the detail of not to exceed forty officers, "instead of thirty, as now provided by Act of July fifth, eighteen hundred and seventy-six, amendatory of said section."

The number of officers authorized to be detailed by this section has been increased by the Act of Jan. 13, 1891, ch. 70, infra, p. 91, and the Act of Nov. 3, 1893, ch. 13, infra, p. 92.

Other amendments to this section were made by the Act. of Feb. 26, 1901, ch. 607, infra, p. 93, and the Act of April 21, 1904, ch. 1403, infra, p. 94.

Provisions for the detail of retired army officers were also made by R. S. sec. 1260, infra, this page. And see the notes thereto.

The Act of Feb. 26, 1879, ch. 105, mentioned in the text, is given infra, p. 96.

Army regulations.- The Act of July 28, 1866 (14 Stat. L. 336, ch. 299, sec. 26), which first authorized the detail of officers to colleges, created a service unknown before and for which there was no provision in the army regulations. Long t. U. S., (1872) 8 Ct. Cl. 398.

Commutation for quarters and fuel.If the officer is detailed on duty at a college or university at which there is no military station, and for that reason he

cannot make requisition for quarters and fuel in kind on the quartermaster, and the government does not furnish them in kind or commutation, according to his rank, he is entitled to recover, and his quarters I will be commuted at a rate fixed by the secretary, and fuel at the market price delivered," as provided by article 1080 of the army regulations. Long v. U. S.. (1872) 8 Ct. Cl. 398.

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Sec. 1260. [Detail as professor in a college.] Any retired officer may, on his own application, be detailed to serve as professor in any college. But while so serving, such officer shall be allowed no additional compensation. [R. S.]

Act of July 15, 1870, ch. 294, 16 Stat. L. 320.

The last sentence in this section as here given was added by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 243.

by a provision contained in the Act of Aug. 6, 1894, ch. 228, given infra, p. 93, nothing in the Act of Nov. 3, 1893 (infra, p. 92), shall be so construed as to prevent, limit, or restrict the detail of retired officers of the army under the provisions of this section.

By a provision of the Army Appropriation Act of May 4, 1880, ch. 81 (given below), upon the application of an institution of learning the President may detail retired army officers "to act as president, superintendent, or professor thereof," and such officer may receive additional pay.

Retired officers as professors in colleges.

- A retired officer is not required to perform any active service. Under the provisions of this section, upon his own application, such officer may be "detailed to serve as professor in any college" or may be assigned to duty at the Soldiers' Home by selection of the commissioners of that institution; but those employments, while without additional pecuniary compensation, are desirable by reason of benefits and privileges which accrue to those holding them, and are not re

garded in the light of being impositions of official public service. Collins's Case, (1879) 15 Ct. Cl. 22.

Additional compensation. This section is not to be construed as referring to any additional compensation from the college to which a retired officer has been detailed, or prohibiting him from accepting it, but any from the United States. This is evident from the language employed, which does not prohibit the receiving but the allowing of the additional compensation. (1893) 20 Op. Atty.-Gen. 687.

[SEC. 1.] [Retired Army officers detailed on application.] That upon the application of any college, university, or institution of learning incorporated under the laws of any State within the United States, having capacity at the same time to educate not less than one hundred and fifty male students, the President may detail an officer of the Army on the retired list to act as president, superintendent, or professor thereof; and such officer may receive from the institution to which he may be detailed the difference between his retired and full pay, and shall not receive any additional pay or allowance from the United States. [21 Stat. L. 113.] This is from the Army Appropriation Act of May 4, 1880, ch. 81. See R. S. sec. 1260, supra, p. 90.

An act to amend section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educational institutions.

[Act of Jan. 13, 1891, ch. 70, 26 Stat. L. 716.]

[Increase in number of officers detailed.] That section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educational institutions, be, and the same is hereby, amended so as [to] permit the President to detail, under the provisions of said act, not to exceed seventy-five officers of the Army of the United States; and the maximum number of officers of the Army and Navy to be detailed at any one time under the provision of the act passed September twenty-sixth, eighteen hundred and eighty-eight, amending said section twelve hundred and twenty-five of the Revised Statutes, is hereby increased to eighty-five: Provided, That no officer shall be detailed to or maintained

at any of the educational institutions mentioned in said act where instruc tion and drill in military tactics is not given: Provided further, That nothing in this act shall be so construed as to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by Act of Congress approved February twentysixth, eighteen hundred and seventy-nine, entitled "An act to promote a knowledge of steam-engineering and iron shipbuilding among the students of scientific schools or colleges in the United States.["] [26 Stat. L. 716.] R. S. sec. 1225, as amended by the Act of Sept. 26, 1888, ch. 1037, mentioned in the text, is given supra, p. 89. And see the notes thereto.

The Act of Feb. 26, 1879, ch. 105, mentioned in the text, is given infra, p. 96.

An Act To increase the number of officers of the Army to be detailed to

colleges.

[Act of Nov. 3, 1893, ch. 13, 28 Stat. L. 7.]

[Increase in number of officers detailed-retired officers.] That section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educational institutions, be, and the same is hereby, amended so as to permit the President to detail under the provisions of said act not to exceed one hundred officers of the Army of the United States; and no officer shall be thus detailed who has not had five years service in the Army and no detail to such duty shall extend for more than four years and officers on the retired list of the Army may upon their own application be detailed to such duty and when so detailed shall receive the full pay of their rank; and the maximum number of officers of the Army and Navy to be detailed at any one time under the provisions of the act approved January thirteenth, eighteen hundred and ninety-one, amending section twelve hundred and twenty-five of the Revised Statutes as amended by an act approved September twenty-sixth, eighteen hundred and eighty-eight, is hereby increased to one hundred and ten. [28 Stat. L. 7.]

R. S. sec. 1225, amended by the Act of Sept. 26, 1888, ch. 1037, mentioned in the text, is given supra, p. 89.

The Act of Jan. 13, 1891, ch. 70, mentioned above, is given supra, p. 91.

The application of the Act to the detail of retired officers was restricted by the Act of Aug. 6, 1894, ch. 288, infra, p. 93.

This Act was amended by a provision of the Act of March 3, 1909, ch. 252, § 1, infra, p. 95.

Act of Nov. 3, 1893, construed. In construing the Act of Nov. 3, 1893, ch. 13, above given, the attorney-general was of the opinion that, while the law does authorize the detail of one hundred officers from the active list of the army, it does not require it, and that it is within the discretion of the President to make such detail wholly from the active list of the army, or wholly from the officers of the retired list who, " upon their own application," may be detailed for this service, or he may make the detail in such proportion as he sees fit (and the applica

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tions for such detail from the retired officers will allow) from both lists; that the "five years' service in the army applies alike to officers from the retired and to those from the active lists of the army; that officers of the retired list who were detailed to colleges prior to Nov. 3, 1893, and who are still on duty under such details, are entitled to full pay only from the passage of the Act, under and by virtue of which alone they derive the right to draw full pay. (1893) 20 Op. Atty. Gen. 687.

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