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tendent may direct; and that the proceeds shall be turned into the Treasury as miscellaneous receipts. Act of Mar. 4, 1919 (40 Stat. 1347); 10 U. 8. C. 1122. 1229. Suspension of increased pay for officers detailed.
Provided, That during the fiscal year ending June 30, 1934, no officer of the Army shall be entitled to eceive any increase in pay or allowances because of detail or assignment to duty in any capacity at the Military Academy :
Title I, act of Mar. 4, 1933 (47 Stat. 1588), making appropriations for the War Department. This provision has been repeated in subsequent appropriation acts. The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1368), making appropriations for the support of the War Department, 10 U: S. C. 1121a, is not repeated in the corresponding act for the fiscal year 1932 or thereafter. It has been eliminated from the code. (J. A. G. 010.2, Nov. 12, 1929, p. 179.)
1230. Pay and allowances; superintendent and 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. 8. 1334; 10 U. 8. C. 1131.
Increase in pay and allowances because of detail to duty at the Military Academy in any capacity was suspended by 1229, ante.
1231. Pay of adjutant. The adjutant of the Military Academy shall have the pay of an adjutant of a Cavalry regiment. R. 8. 1335; 10 U. 8. C. 1132.
1232. Pay and allowances of chaplain.—That so much of the Act of February 18, 1896, as provides that the chaplain at the United States Military Academy sball
, while so serving, receive the same pay and allowances as a captain, mounted, is hereby amended to read as follows: "The chaplain at the United States Military Academy shall, while so serving, receive a salary of $4,000 per annum and be entitled to the same allowances with respect to public quarters, fuel, and light as those allowed to a captain." Act of May 16, 1928 (45 Stat. 573); 10 U.S.C. 1187.
1233. Pay and allowances of professors, instructors, and their assistants.Each of the professors of the Military Academy whose service as professor 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 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; sec. 4, act of June 23, 1879 (21 Stat. 34); 10 U. 8. C. 1133.
That the assistant instructors of tactics commanding cadet companies at West Point shall receive the same pay and allowances as assistant professors in the other branches of study. Act of Mar. 3, 1875 (18 Stat. 467); 10 U. S. C. 1136.
Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a captain.
R. S. 1337; sec. 1, act of Feb. 27, 1877 (19 Stat. 244); 10 U. 8. C. 1135.
* Provided, That hereafter the associate professor of mathematics shall bave pay and allowances of a major.
Act of Mar. 3, 1905 (33 Stat. 850); 10 U. S. C. 1134.
That the civilian instructors employed in the departments of modern languages and tactics in the United States Military Academy shall be entitled to public quarters, fuel, and light. Act of Feb. 14, 1927 (44 Stat. 1094); 10 U. S. C. 1138.
Sec. 2 of the act of July 20, 1840 (5 Stat. 398), contained the requirement that the pay and emoluments of instructors in cavalry, artillery, and infantry tactics sbould Dot be less than was allowed by law (captain 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.
So much of the first paragraph of the 1929 text of this section, based on R. S. 1336, as amended ; 10 U. S. C. 1133, as relates to longevity pay of professors is omitted as superseded by 1938, post. (J. A. G. 010.3, Nov. 12, 1929, p. 181.)
Increase in pay and allowances because of detail to duty at the Military Academy in any capacity was suspended by 1229, ante.
Notes of Decisions Instructors.-- Under third paragraph of this ing it to be intended as a substitute for it. section a first lieutenant is entitled to the The purpose of this section is the fixing pay of a captain while serving as assistant of the compensation of instructors at the instructor of tactics at the Military Academy, Military Academy, regardless of rank in the notwithstanding the fact that no appropri- service, while the later act of June 10, 1922, ation is available therefor. Palmer v. U. s. is for the fixing of the regular pay and (1930), 69 Ct. Cl. 260; Crist v. U. 8. (1932), allowances for the different ranks in the 74 Ct. Cl. 283; Conrad v. U. S. (1932), 74 service, and in no way conflicts with or is Ct. Cl. 289.
repugnant to the former act. The provisions of this section fixing the The failure of Congress to make an appay of instructors at the United States Mili- propriation for the statutory pay of tary Academy at the pay of certain specified officer does not, of itself, preclude his right ranks regardless of the rank of such instruc- to recover. Wilson v. U. $. (1933), 77 Ct. tors, were not repealed by 284, ante.
Cl. 630; Taylor v. U. S. (1933), 78 Ct. Cl. A statute is not repealed by a subsequent 833 ; Leonard v. U. S. (1934), 80 Ct. CI. 147. statute unless repealed by it in express terms, The plaintiff, a first lieutenant appointed or unless the provisions of the two acts are and serving as an instructor in the depart80 contradictory, or repugnant one to the ment of ordnance and science of gunnery at other, as to indicate clearly a legislative the United States Military Academy, held Intent to substitute the later act for the entitled to the pay and allowances of a earlier one, or if the later act covers the major. Peoples v. U. 8. (1934), 80 Ct. Cl. whole subject of the earlier one plainly show- | 241. 1234. Allowances of chapel organist and choirmaster.
Provided, That hereafter the chapel organist and choirmaster shall be entitled to public quarters when available and to the same allowances with respect to fuel and light as those of a second lieutenant when occupying public quarters; Act of Aug. 11, 1916 (39 Stat. 197); 10 U. S. C. 1139.
1235. Pay of teacher of music.--* The teacher of music shall receive the pay and have the rank of a first lieutenant, not mounted ;
and the said teacher of music
shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, * and length of service as are, or may hereafter become, applicable to other officers of the Army. R. S. 1111; act of June 27, 1918 (40 Stat. 623); 10 U. 8. c. 1140.
The pay provisions relating to enlisted men of the band as contained in the 1929 text were repealed by 1380, post. (J. A. G. 010.3, Dec. 28, 1929, p. 11).
1236. Pay and allowances of cadets.--That cadets at the Military Academy and cadets and cadet engineers of the Coast Guard shall receive the same pay and allowances as are now or may hereafter be provided by law for midshipmen in the Navy. Sec. 19, act of June 10, 1922 (42 Stat. 632); 37 U. 8. C. 28.
The pay of cadets was fixed by the act of Mar. 16, 1802 (2 Stat. 137), at $10 per month and two rations per day. By the act of Mar. 3, 1857 (11 Stat. 252), their pay was fired at $32 per month. Sec. 3 of the act of Apr. 1, 1864 (13 Stat. 39), contained the requirement that the cadets at the Military Academy should receive the same pay ($500 per annum) as the midshipmen at the Naval Academy; sec. 2 of the act of Feb. 28, 1867 (14 Stat. 416), contained the requirement that they should also be entitled to the ration ($109.50 annual commutation value) then allowed to active midshipmen. This fixed the pay and emoluments of a cadet at $609.50 per annum. The act of Mar. 1, 1893 (27 Stat 515), contained the requirement that no cadet should thereafter "receive more than at the rate of $540 a year."
The pay of cadets was fixed by the act of June 28, 1902 (32 Stat. 409), at $500 per annum and one ration per day, or commutation therefor, such commutation to be 30 cents
per day, to be paid from the appropriation for the subsistence of the Army. By the act of May 11, 1908 (35 Stat. 108), their pay was fixed at $600 a year. Act of May 28, 1908 (35 Stat. 403), provided that thereafter cadets should be entitled to rations, or commutation therefor, as hitherto allowed under the act approved June 28, 1902. Act of Mar. 4, 1919 (40 Stat. 1336), provided that for fiscal year ending June 30, 1920, the pay of cadets should be fixed at $780 per annum and one ration per day, or commutation therefor at the rate of 68 cents per ration, to be paid from the appropriation for the subsistence of the Army.
A person appointed to a position in the Army, either as a cadet or an officer, becomes a cadet or officer de facto when he accepts the appointment; but in view of the act of July 2. 1862 (12 Stat. 502), his pay cannot commence until he takes the oath of office. When a candidate passes the examinations and enters upon the duties of a cadet he thereby accepts bis appointment, and his service in the Army begins, but his pay cannot commence until be takes the oath of office required by law. 3 Dig. 20 Comp. Dec., par. 884.
Fourteen dollars a month shall be deposited with the Treasurer from the pay of each cadet, to be applied at the time of his graduation to the purchase of uniform and equipment. Par. 64, Reg. U. S. M. A., 1920.
By act of July 11, 1919 (41 Stat. 146), the pay of midshipmen was fixed at $780 per annum and so remains as of the date of this publication.
The commuted ration for midshipmen is fixed at 75 cents per day by section 1, Navy Department appropriation act of June 24, 1935 (49 Stat. 408), and subsequent appropriation acts.
By a provision in the naval appropriation act of Mar. 2, 1929 (45 Stat. 1460), midship men entering the Naval Academy are allowed mileage at 5 cents per mile while proceeding from their home to the academy for examination and appointment. A similar provision has appeared in prior and subsequent appropriation acts.
The amount payable to cadets for travel expense is limited to $5 per diem by act of April 6, 1914. See 1539, post.
1237. Pay of cadets; deduction for clothing and equipment issued.—* Provided further, That hereafter each new cadet shall, upon admission to the United States Military Academy, be credited with the sum of $250 to cover the cost of his initial clothing and equipment issue, to be deducted subsequently from his pay. Sec. 1, act of June 30, 1921 (42 Stat. 95); 10 U. S. C. 1149.
1238. The text of this section as published in the 1929 Edition, based on act of June 28, 1902 (32 Stat. 409), 10 U. S. C. 1147, is omitted as superseded by 1236, ante. (J. A. G. 010.3, Nov. 12, 1929, p. 189.)
1239. Pay and allowances of graduates.—That every cadet who has heretofore graduated or may hereafter graduate at the West Point Military Academy, and who has been or may hereafter be commissioned a second lieutenant in the Army of the United States, under the laws appointing such graduates to the Army, shall be allowed full pay as second lieutenant from the date of his graduation to the date of his acceptance of and qualification under his commission and during his graduation leave, in accordance with the uniform practice which has prevailed since the establishment of the Military Academy. Act of Dec. 20, 1886 (24 Stat. 351); 10 U. 8. C. 1150.
Provided further, That hereafter a graduate of the Military Academy shall receive mileage as authorized by law for officers of the Army from his home to the station which he first joins for duty. Act of Aug. 9, 1912 (37 stat. 252); 10 U.S. C. 744.
1240. Leave of absence; 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); 10 U. 8. C. 1143.
For R. S. 1330, see 1241, post.
1241. Leave of absence; military and academic staff.-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; 10 U. 8. C. 1144.
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, post, 1444.
1242. Leave of absence; graduate cadets.--That the service graduates of the Military Academy may be utilized during the months of June, July, August, and September of the year in which they graduate as instructors at the citizens' training camps, and their graduation leave may be taken at the termination of their services as instructors at these camps. Ch. XVIII, act of July 9, 1918 (40 Stat. 892); 10 U. S. C. 445.
1243. The compilers of the United States Code bave not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 187) that this section, based on act of February 28, 1929 (45 Stat. 1368), making appropriations for the War Department and not thereafter repeated, 10 U. S. C. 1145, be omitted from the code as temporary.
Reserve Officers' Training Corps :
Rifle practice-Continued. Establishment of units, 1244.
National Board for Promotion of Rifle Eligibility for membership, 1245.
Practice, 1252. Admission of reserve officers, 1246.
Rifle ranges : Courses of training, 1247.
Construction and operation, 1253. Interruption of course, 1248.
Use, 1254. Credit for prior training, 1249.
Citizens' Military Training Camps : Training camps, 1250.
Establishment, maintenance, and eligibilRifle practice :
ity for membership, 1255. National matches, 1251.
Courses of instruction, 1256.
Expenses, 1257. 1244. Reserve Officers' Training Corps; establishment of units.-The President is hereby authorized to establish and maintain in civil educational institutions a Reserve Officers' Training Corps, one or more units in number, which shall consist of a senior division organized at universities and colleges granting, degrees, including State universities and those State institutions that are required to provide instruction in military tactics under the Act of Congress of July 2, 1862, donating lands for the establishment of colleges where the leading object shall be practical instruction in agriculture and the mechanic arts, including military tactics, and at those essentially military schools not conferring academic degrees, specially designated by the Secretary of War as qualified, and a junior division organized at all other public and private educational institutions, and each division shall consist of units of the several arms, corps, or services in such number and such strength as the President may prescribe: Provided, That no such unit shall be established or maintained at any institution until an officer of the Regular Army shall have been detailed as professor of military science and tactics, nor until such institution shall maintain under military instruction at least one hundred physically fit male students, except that in the case of units other than infantry, cavalry, or artillery, the minimum number shall be fifty: Provided further, That except at State institutions described in this section, no unit shall be established or maintained in an educational institution until the authorities of the same agree to establish and maintain a two years' elective or compulsory course of military training as a minimum for its physically fit male students, which course, when entered upon by any student, shall, as regards such student, be a prerequisite for graduation unless he is relieved of this obligation by regulations to be prescribed by the Secretary of War. Sec. 40, act of June 3, 1916 (39 Stat. 191); slc. 33, act of June 4, 1920 (41 Stat. 1996); 10 U. 8. C. 381.
* Provided further, That none of the funds appropriated in this Act shall be used for the organization or maintenance of an additional number of mounted, motor transport, or tank units in the Reserve Officers' Training Corps (in excess of the number in existence on January 1, 1928] :
* War Department appropriation act of Feb. 28, 1929 (45 Stat. 1372).
A provision similar to that contained in second paragraph, above, has appeared in prior and subsequent appropriation acts. The words in brackets appeared for the first time in the act for the fiscal year 1932.