English and history, one for English and one for history. Act of Aug. 9, 1912 (37 Stat. 252); 10 U. S. C. 1078.

There is no longer a department of English and history, but in lieu thereof a department of English and a department of economics, government, and history. See 1180, 1181, ante. (J. A. G. 010.3, July 10, 1931, p. 83.)

1183. Custodian of gymnasium.-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. Act of Mar. 3, 1911 (36

Stat. 1019); 10 U. S. C. 1082.

*

1183a. Librarian.—* Provided, That the duties of librarian of the United States Military Academy may be performed by an officer of the Regular Army retired from active service under the provisions of section 1251, Revised Statutes, and detailed on active duty for that purpose. Title I, act of Mar. 4, 1933 (47 Stat. 1588), making appropriations for the War Department; 10 U. S. C. 1161a.

This provision has been repeated in subsequent appropriation acts.

1184. Professor of law.

* Provided, That the Secretary of War may, in his discretion, assign any officer of the Army as professor of law. Sec. 1, act of June 1, 1880 (21 Stat. 153); 10 U. S. C. 1074.

This provision superseded a provision of the act of June 6, 1874 (18 Stat. 60), providing that the officer so assigned should be a judge advocate.

*

and hereafter there may be as

1185. Assistant professor of law. * signed to the department of law one assistant professor. Act of Jan. 16, 1895 (28 Stat. 630); 10 U. 8. C. 1075.

1186. Master of the sword. The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy *: 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. 8. 1338; act of Mar. 2, 1901 (31 Stat. 914); 10 U. S. C. 1085.

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that the master of the sword was to receive pay at the rate of $1,500 a year, with fuel and quarters, which was superseded by a provision that the master of the sword should have the relative rank and should be entitled to the pay, allowances, and emoluments of a captain mounted,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. The office ceased to exist by reason of the retirement of the incumbent, on Dec. 14, 1923, under the terms of the act of Mar. 2, 1923 (42 Stat. 1411).

and there shall be ap

1187. Associate professor of mathematics.—* 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); 10 U. S. C. 1076.

*

Provided, that hereafter

* * *

the position shall be filled by the detail of an officer from the Army at large. Act of Mar. 3, 1905 (33 Stat. 850); 10 U. S. C. 1076.

The first paragraph of this section, based on act of March 1, 1893 (27 Stat. 515); 10 U. 8. C. 1076, should be omitted in view of second paragraph, which abolished the "office"

of "associate professor" and provided that the position be filled by detail. (J. A. G., 010.3, Nov. 12, 1929, p. 172.)

1188. 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); 10 U. S. C. 1073.

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.

there shall be in the Military *. Sec. 4, act

1189. Professor of modern languages.Academy one, and only one, professor of modern languages; of June 23, 1879 (21 Stat. 34); 10 U. S. C. 1071,

*

Provided, That the

1190. Associate professor of modern languages.—* 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); 10 U. S. C. 1072.

1191. 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); 10 U. S. C. 1069.

1192. Assistant professors of ordnance and gunnery.-For pay of nine assistant 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);:10 U. S. C. 1070.

By 1182, ante two assistant professors in the department of English and history are authorized, one for English and one for history.

1192a. Professor of physics.—That hereafter there is authorized one professor of physics at the United States Military Academy, with the same status, rank, pay, and allowances of other professors at said Military Academy. Act of May 26, 1934 (48 Stat. 806); 10 U. S. C. 1078a.

1193. 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); 10 U. S. C. 1067.

1194. Assistant to commissary of cadets.-*

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); 10 U. S. C. 1068.

Commissary sergeants became quartermaster sergeants by sec. 3, act of Aug. 24, 1912 (37 Stat. 591), and quartermaster sergeants in turn were merged in the grades of enlisted men established by the President under authority of 255, ante.

1195. Band; composition. The Military Academy Band shall hereafter consist of one teacher of music, who shall be the leader of the band, one enlisted band

R. S.

sergeant and assistant leader, and of fifty enlisted musicians. 1111; act of June 27, 1918 (40 Stat. 623); 10 U. S. C. 1161. So much of this section as prescribed the grades of enlisted men in the band was repealed by 255, ante. (J. A. G. 010.3, Dec. 28, 1929, p. 12; Feb. 14, 1931.)

1196. Bands; restriction on outside activities.* Provided, That the band or members thereof and the field musicians of the Military Academy shall not receive remuneration for furnishing music outside the limits of the military reservation when the furnishing of such music places them in competition with local civilian musicians. Act of May 28, 1908 (35 Stat. 432).

This section, based on act of May 28, 1908 (35 Stat. 432), appears to have been superseded by 320, ante, except, perhaps, as to the teacher of music. No recommendation for its inclusion in the United States Code will be made (Memo. J. A. G., Oct. 9, 1930).

1197. Corps of Cadets; organization and training.-The Corps of Cadets shall be arranged into companies, according to the directions of the superintendent, each of which shall be commanded by an officer of the Army, for the purpose of military instruction. To each company shall be added four musicians. The corps shall be taught and trained in all the duties of a private soldier, noncommissioned officer, and officer, shall be encamped at least three months in each year, and shall be taught and trained in all the duties incident to a regular camp. R. 8. 1322; 10 U. S. C. 1105.

The 1929 text of this section, based on chapter XXII, act of July 9, 1918 (40 Stat. 894); 10 U. S. C. 1091, is omitted as superseded by 1198, post.

1198. Cadets; appointment in general. That hereafter there shall be allowed at the United States Military Academy three cadets for each Senator, Representative, Delegate in Congress, and Resident Commissioner from Puerto Rico, one cadet to be selected by the Governor of the Panama Canal from among the sons of civilians residing in the Canal Zone and the sons of civilian personnel of the United States Government and the Panama Railroad Company residing in the Republic of Panama, five for the District of Columbia, and one hundred and thirty-two from the United States at large, forty of whom shall be appointed on the recommendation of the academic authorities of the "honor schools" as designated by the War Department, and three of whom shall be selected from persons recommended by the Vice President, in addition to the number now authorized to be appointed from the enlisted men of the Regular Army and National Guard, and the sons of deceased officers, soldiers, sailors, and marines. Act of June 7, 1935 (49 Stat. 332); act of July 26, 1937 (50 Stat. 534); 10 U. S. C. 1091b.

The number of midshipmen at the Naval Academy allowed each Senator, Representative, and Delegate in Congress was increased from three to four by section 1, Navy Department appropriation act of June 24, 1935 (49 Stat. 409), and subsequent appropriation acts. Appointment as ensigns of all midshipmen who graduated in 1933 and 1934, and thereafter, was authorized by act of August 29, 1935 (49 Stat. 959).

The Secretary of the Navy was authorized to appoint not more than twenty midshipmen annually to the Naval Academy from among the honor graduates of educational institutions which are designated as "honor schools" by the War Department, and the members of the Naval Reserve Officers' Training Corps, by act of February 27, 1936 (49 Stat. 1144). Appointment of cadets from enlisted men, and from sons of deceased World War veterans, is provided by 1199, 1200, post, respectively.

Notes of Decisions

Const. art. 2, sec. 2, el. 2). Hoeppel v. United States (App. D. C., 1936), 85 F. (2d) 237; certiorari denied (1936), 299 U. S. 557; rehearing denied, 299 U. S. 622.

Influence in procuring appointment.-West | C. A. sec. 1091; 18 U. S. C. A. sec. 150; Point cadet held the holder of an "appointive office under the Government of the United States" within 568, ante, which penalizes soliciting or receiving money for support or use of influence in obtaining such office (10 U. S. 136307-4088

1199. Cadets; appointment from enlisted men.-That 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. 2, act of May 4, 1916 (39 Stat. 62); 10 U. S. C. 1092.

1200. Cadets; appointment from sons of deceased World War veterans.-That the number of cadets now authorized by law at the United States Military Academy, and the number of midshipmen now authorized by law at the United States Naval Academy, are each hereby increased by forty from the United States at large, to be appointed by the President from among the sons of officers, soldiers, sailors, and marines of the Army, Navy, and Marine Corps of the United States who were killed in action or died prior to July 2, 1921, of wounds or injuries received, or disease contracted in line of duty during the World War: Provided, That one-half shall be appointed from among the sons of officers and one-half from among the sons of warrant officers, soldiers, sailors, and marines of the Army, Navy, and Marine Corps. Act of June 8, 1926 (44 Stat. 704); 10 U. S. C. 1091a; 34 U. S. C. 1036a.

1201. Cadets; appointment in advance.-Cadets shall be appointed one year in advance of the time of their admission to the academy, except in cases where, by reason of death or other cause, a vacancy occurs which can not be provided for by such appointment in advance; but no pay or other allowance shall be given to any appointee until he shall have been regularly admitted, as herein provided; and all appointments shall be conditional until such provisions shall have been complied with. R. S. 1317; 10 U. S. C. 1098.

1202. Cadets; age limits for admission.-Appointees shall be admitted to the academy only between the ages of seventeen and twenty-two years, R. S. 1318; act of Mar. 30, 1920 (41 Stat. 548); 10 U. S. C. 1094.

1203. Cadets; examination for admission.-Appointees shall be examined under regulations to be framed by the Secretary of War before they shall be admitted to the academy and shall be required to be well versed in such subjects as he may from time to time prescribe. R. S. 1319; act of Mar. 2, 1901 (31 Stat. 911); 10 U. S. C. 1096.

* Provided further, That hereafter any candidate designated as principal or alternate for appointment as cadet may present himself at any time for physical examination at West Point, New York, or other prescribed places, as may be designated by the Secretary of War: Act of Aug. 9, 1912 (37 Stat. 252); 10 U. 8. C. 1095.

*

Provided,

1204. Cadets; failure not to delay admission of successor.That whenever any member of the graduating class shall fail to complete the course with his class by reason of sickness or deficiency in his studies, or other cause, such failure shall not operate to delay the admission of his successor. R. S. 1318; act of Mar. 30, 1920 (41 Stat. 548) ; 10 U. S. C. 1100.

1205. Cadets; oath on admission.-Each cadet shall, previous to his admission to the academy, take and subscribe an oath or affirmation in the following form: "I, A B, do solemnly swear that I will support the Constitution of the United States and bear true allegiance to the National Government; that I will maintain and defend the sovereignty of the United States paramount to any and all alle

giance, sovereignty, or fealty I may owe to any State, county, or country whatsoever; and that I will at all times obey the legal orders of my superior officers and the rules and articles governing the armies of the United States." And any cadet or candidate for admission who shall refuse to take this oath shall be dismissed from the service. R. S. 1320; 10 U. S. C. 1099.

1206. Cadets; time of admission.

* Provided, That cadets appointed to the Military Academy at West Point, New York, for admission after the year nineteen hundred and seven, may be admitted on the first day of March in place of the first day of June. Act of Mar. 2, 1907 (34 Stat. 1063); 10 U. S. C. 1097.

*

*

1207. Cadets; indebtedness to cadet store.-Maintenance and operation, United State Military Academy Provided, That not to exceed $3,750 of this amount shall be available to liquidate the indebtedness of cadets separated from the service for any reason during their first year, who at the time of their separation are in debt to the cadet store. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1298).

A similar provision has appeared in subsequent appropriation acts.

1208. Cadets; course of instruction to be four years.-The course of instruction at the United States Military Academy shall be four years: Act of Mar. 30, 1920 (41 Stat. 548); 10 U. S. C. 1043.

The course of study at the Military Academy is fixed in part by the statutes creating the several departments of instruction and in part by Executive regulation.

1209. Cadets; Sunday work not to be required.-The Secretary of War shall so arrange the course of studies at the Academy that the cadets shall not be required to pursue their studies on Sunday. R. S. 1324; 10 U. S. C. 1044.

1210. Cadets; instruction in effect of alcohol and narcotics.-That the nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of textbooks in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States. Sec. 1, act of May 20, 1886 (24 Stat. 69); 20 U. S. C. 111.

That it shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this Act; and any such officer, school director, committee, superintendent, or teacher who shall refuse or neglect to comply with the requirements of this Act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this Act, for all pupils in each and every school under his jurisdiction, shall be removed from office and the vacancy filled as in other cases. Sec. 2, act of May 20, 1886 (24 Stat. 69); 20 U. S. C. 112.

1211. Cadets; engagement for military service.-Each cadet shall sign articles, with the consent of his parents or guardian if he be a minor, and if any he have, by which he shall engage to serve eight years unless sooner discharged. R. S. 1321; 10 U. S. C. 1101.

The provisions of this section were modified, in the case of Filipinos receiving instruction at the academy, by act of May 28, 1908, post, 1215a.