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CHAPTER 21

MILITARY ACADEMY

Supervision, 1169.

Cadets--Continued. Command, 1170.

Admission-Continued. Board of visitors ; composition and duties, Failure not to delay admission of suc1171.

cessor, 1204. Military and academic staff :

Oath, 1205. Composition, 1172.

Time of year, 1206. Selection, 1173

Indebtedness to cadet store, 1207. Appointment and detail, 1174.

Instruction : Local rank and command, 1176.

Course to be four years, 1208. Individual members :

Sunday work not to be required, 1209. Commandant of cadets, 1178.

Effect of alcohol and narcotics, 1210. Professors :

Engagement for military service, 1211. Eligibility of graduates, 1178a.

Duties assignable, 1212. Retirement, 1178b.

Hazing, 1213.
Chaplain, 1179.

Discharged :
Department and professor of econom- Reexamination, 1214.

ics, government, and history, 1180. Reappointment or commission, 1215. Professor of English, 1181.

Filipino cadets; appointment, 1215a. Assistant professors of English and his Foreign cadets, appointment, 1215b. tory, 1182.

Degrees for graduates, 12150. Custodian of gymnasium, 1183.

Detachments of enlisted men : Librarian, 1183a.

Quartermaster and Cavalry, 1216. Professor of law, 1184.

Engineer, 1217. Assistant professor of law, 1185.

Funds: Master of the sword, 1186.

Special contingent fund, 1220. Associate professor of mathematics, Settlement of accounts with other bureaus, 1187.

1221. Professor of military hygiene, 1188.

Proceeds of sale of gas, 1222.
Professor of modern languages, 1189. Wharfage dues, 1223.
Associate professor of modern lan-Land and buildings :
guages, 1190.

Cullum Memorial Hall, 1224.
Professor of ordnance and gunnery, 1191. Chapel, 1225.
Assistant professors of ordnance and Hotel, 1226.
gunnery, 1192.

Supplies and equipment, sale, 1228.
Professor of physics, 1192a.

Pay and allowances : Quartermaster and commissary of Suspension of increased pay, officers de cadets, 1193.

tailed, 1229. Assistant to commissary of cadets, Superintendent and commandant of ca1194.

dets, 1230.

Adjutant, 1231. Composition, 1195.

Chaplain, 1232. Restriction on outside activities, 1196. I'rofessors, instructors, and their assistCorps of Cadets, organization and training,

ants, 1233. Chapel organist and choirmaster, 1234,

Teacher of music, 1235. Appointment:

Cadets : In general, 1198.

General provision, 1236. From enlisted men, 1199.

Deduction for clothing and equipment From sons of deceased World War vet

issued, 1237. erans, 1200.

Of graduates, 1239. In advance, 1201,

Leave of absence : Admission :

Superintendent, 1240. Age limits, 1202.

Military and academic staff, 1241. Examination, 1203.

Graduate cadets, 1242.

Bands:

1197. Cadets :

The United States Military Academy was established in pursuance of authority conferred by the act of Mar. 16, 1802 (2 Stat. 137), which contained a requirement authorizing the President to establish a Corps of Engineers : "The said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy." Secs. 26 and 27, act of Mar. 16, 1802 (2 Stat. 137).

The post of West Point ceased to be an Engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. 92).

1169. Supervision.—The supervision and charge of the academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that duty. R. S. 1331; 10 U. S. C. 1041.

1170. Command.-The superintendent, and, in his absence, the next in rank, shall have the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. R. S. 1311; 10 U. S. C. 1042.

1171. Board of visitors; composition and duties.-- That hereafter the Board of Visitors to the United States Military Academy shall consist of five members of the Committee on Military Affairs of the Senate, two members of the Committee on Appropriations of the Senate, seven members of the Committee on Military Affairs of the House of Representatives, and five members of the Committee on Appropriations of the House of Representatives, to be appointed by the respective chairmen thereof; the members so appointed shall visit the United States Military Academy at least once annually at such time or times as the chairmen of said committees shall appoint, and the members from each of said committees may visit said academy together or separately as the respective chairmen of said committees may elect; and the superintendent of the academy and the members of the Board of Visitors shall be notified of such date by the chairmen of the said committees : Provided, That members chosen by the respective chairmen of the said committees who have been reelected to the Senate or House of Representatives may continue to serve as members of the Board of Visitors and visit the United States Military Academy, notwithstanding the expiration of Congress. The expenses of the members of the board shall be their actual expenses while engaged upon their duties as members of said board and their actual expenses of travel. Act of May 17, 1928 (45 Stat. 597); 10 U. S. C. 1052a, 1054a.

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

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; 10 U. S. C. 1053.

The omission indicated above is of the words "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." The President no longer appoints visitors.

1172. Military and academic staff; composition.—The United States Military Academy at West Point, in the State of New York, shall be constituted as follows: There shall be one superintendent; one commandant of cadets; one senior instructor in the tactics of artillery; one senior instructor in the tactics of Care alry; one senior instructor in the tactics of infantry; one professor and one assistant professor of civil and military engineering; one professor and one assistant professor of natural and experimental philosophy; one professor and one assistant professor of mathematics; one professor and one assistant pro

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fessor of chemistry, mineralogy, and geology; one professor and one assistant
professor of drawing; one professor and one assistant professor of the French
language'; one professor and one assistant professor of the Spanish language;
one adjutant; one master of the sword; and one teacher of music. R. S. 1309;
act of Feb. 18, 1896 (29 Stat. 8); 10 U. 8. C. 1061.
For provision for chaplain, see 1179, post.
The words of this section authorizing a professor of the French language and a professor
of the Spanish language were superseded by 1189, post.,

The act of April 16, 1937 (50 Stat. 66), provides for the appointment of professors and
instructors at the Coast Guard Academy, and establishes an advisory committee and Board
of Visitors.

1173. Military and academic staff; selection. The superintendent and commandant of cadets may be selected, and all other officers on duty at the academy may be detailed, from any arm of the service;

R. S. 1314; 10 U. 8. C. 1062.

1174. Military and academic staff; appointment and detail. The superintendent, the commandant of cadets, and the professors shall be appointed by the President. The assistant professors, acting assistant professors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets assigned by the superintendent, under the direction of the Secretary of War. R. S. 1313; 10 U. S. C. 1063.

** Provided, That 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); 10 U. S. C. 1084. 1176. For text of this section as published in the 1929 Edition, see 1178a, post.

1176. Military, and academic staff; local rank and command. The superintendent and the commandant of cadets, while serving as such, shall have, respectively, the local rank of colonel and lieutenant colonel of Engineers. R. S. 1310; 10 U. 8. C. 1066.

* 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); 10 U. 8. C. 1079.

* but the academic staff as such shall not be entitled to any command in the Army separate from the academy.' R. S. 1314; 10 U.S. C. 1081.

The ofice of superintendent was created by sec. 28 of the act of Mar, 16, 1802 (2 Stat.
137), which contained the requirement that “the principal engineer and, in his absence,
the next in rank, shall have the superintendence of the Military Academy under the direc-
tion of the President of the United States.” So much of the act of Mar. 16, 1802, as
restricted the appointment to this office to the Corps of Engineers was replaced by sec. 6
of the act of July 16, 1866 (14 Stat. 92), which vested the supervision of the academy in
the War Department, under such officer or officers as the Secretary of War may assign
to that duty. By the act of June 12, 1858 (11 Stat. 333), the local rank of colonel of
Engineers was conferred upon the superintendent.
The act of June 20, 1840 (5 Stat. 398), contained the requirement that the commander
of the corps of cadets should be either the instructor of infantry tactics, of cavalry or
artillery tactics, or of practical engineering; and his pay and emoluments were in no case
to be less than those allowed by law. to the professor of mathematics. By the act of
June 12, 1858 (11 Stat. 333), the pay of this officer was fixed at that of a lieutenant
colonel,

1177. For text of this section as published in the 1929 Edition, see 1178b, post,

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1178. 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; 10 U. 8. C. 1065.

For statutes fixing rank and pay of the above officer, see 1176, ante, and 1230, post, respectively.

1178a. Professors; eligibility of graduates.-* and hereafter no graduate of the Military Academy shall be assigned or detailed to serve at said academy as a professor, instructor, or assistant to either within two years after his graduation, and so much of the Act of June thirtieth, eighteen hundred and eighty-two, as requires a longer service than two years for said assignments or details is hereby repealed. Act of July 26, 1894 (28 Stat. 151); 10 U. 8. C. 1064.

Act of June 30, 1882 (22 Stat. 123), referred to and repealed in part in this provision, provided that four years must elapse before any graduate should be assigned or detailed as professor, etc.

1178b. Professors; retirement. 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. 8. 1333; 10 U. S. C. 1080.

1179. Chaplain.-* Provided, That the duties of chaplain at the Military Academy shall hereafter be performed by a clergyman to be appointed by the President for a term of four years, and the said chaplain shall be eligible for reappointment for an additional term or terms

Act of Feb. 18, 1896 (29 Stat. 8); 10 U. S. C. 1083.

The office of chaplain was established by the act of Apr. 4, 1818 (3 Stat. 426), which authorized the appointment of a chaplain at the Military Academy, who should also be professor of geography, history, and ethics. By the act of Feb. 18, 1896 (29 Stat. 8), the professorship thus authorized was discontinued, the duties of chaplain being performed by the oficer wbose appointment was authorized by that statute, and the duty of giving instruction in history being transferred by Executive regulation to the department of law.

1180. Department and professor of economics, government, and history.-That a department of economics, government, and history be established at the United States Military Academy, at West Point, New York, the head of which department shall have the same status as the permanent professors at the head of the other departments of instruction at the United States Military Academy, Act of June 8, 1926 (44 Stat. 703); 10 U. 8. C. 1077a.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G., 010.3, July 10, 1931, p. 82) that all after the words “Military Academy," in fifth line of the original text of this section, based on act of June 8, 1926 (44 Stat. 703) ; 10 U. S. C. 1077a, be eliminated as fully executed.

1181. Professor of English.-* * Provided, That the head of the department of English shall hereafter have the same status as the professors at the head of the other departments of instruction at the Military Academy, Act of Apr. 19, 1910 (36 Stat. 312); act of June 8, 1926 (44 Stat. 703); 10 U. 8. C. 1077.

The 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.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G., 010.3, July 10, 1931, p. 81) that all after the first comma in third line of the original text of this section, based on act of April 19, 1910 (36 Stat. 312), as amended, 10 U. 8. C. 1077, be eliminated as fully executed.

1182. Assistant professors of English and history.—* Provided, That hereafter two assistant professors shall be authorized in the department of

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