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SEC. 12. That this act shall not apply to commissioned The provisions surgeons of the United States Army, Navy, or Marine- ulato the pracHospital Service, nor to regularly licensed physicians and tice of medicine

and surgery, etc., surgeons in actual consultation from other States or Terri- in the District of tories, nor to regularly licensed physicians and surgeons June 3, 1896, ex

, of actually called from other States or Territories to attend ompt surgeons op

the Navy. specified cases in the District of Columbia, nor to the treat

Supp. R.S., vol. ment of any case of actual emergency, nor to the practice 2. p; 197,

Exemptions. of massage or the so-called Swedish movement cure, nor to the use of ordinary domestic remedies without fee, gift, or consideration of any kind.

That such surgeons in the Navy not in line of promotion June 10, 1896. as may have been appointed to that position in accordance 29 Stat. L.., 361. with a special act of Congress for meritorious services durs 2 Supp::D.517.

Surgeons speing yellow fever epidemics shall have all the benefits of cially appointed.

1 Supp., p. 401. their previous service in the same manner as if said appointments were a reentry into the Navy.

2

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Title 10.

Al. and

SEC. 436. The Secretary of the Navy may place the supervision of the Nautical Almanac in charge of any officer or Superintendent, professor of mathematics in the Navy who is competent for pavar:

Mar. 3, 1857, 3, that service. Such officer or professor, when so employed, v. 11, p. 246. shall be entitled to receive the shore-duty pay of his grade, and no other.

Of the Ephemeris and Nautical Almanac and of the Jan. 12, 1895. papers supplementary thereto, one thousand five hundred Nautical copies; one hundred copies for the Senate, four hundred manag

Ephemeris. for the House, and one thousand for distribution or sale by the Navy Department. The five hundred copies printed for Congress, and the usual number shall be for the calendar year next following, and those for the Navy Department for the third year following. The Secretary of the Navy is also authorized to cause additional copies of the Ephemeris, and of the Nautical Almanacs extracted therefrom, to be printed for the public service and for sale to navigators and others: Provided, That all moneys received from sales of the Ephemeris and of the Nautical Almanacs shall Sales. be deposited in the Treasury and placed to the credit of the general fund for public printing.

Proviso.

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NAVAL ACADEMY-NAVAL CADETS.

Sec.
1483. Rank of graduates of the Academy.
1511. Where established.
1512. Title of students.
1513, Number of naval cadets.
Act July 26, 1894. Nomination of candi.

dates.
1515. Examination of candidates.
1516. Second recommendation.
1517. Qualifications.

Traveling expenses.
1518. Appropriations, how applied.
1519. Naval cadets found deficient.
1520. Academic course.

Sec.
1521. Promotion to midshipmon.
1522. Naval constructors and steam engi.

noers.

Special course.
1526. Studies not to be pursued on Sunday.
1527. Storekeeper at the Acarlemy.
1528. Professors of ethics, Spanish, and

drawing.
1556. Pay of cadets, etc.
1577. Rations.

Prevention of hazing.
Board of Visitors.
Pay of civil officers.

Title 15, chap. 4. SEO. 1483. Graduates of the Naval Academy shall take Rank of gradu, rank according to their proficiency as shown by their order Naval

of merit at the date of graduation. A cademy.

May 23, 1872, s. 1, v. 17, p. 153.

ates

of

See note 1.

696-697.

visions.

1528.

See noto 2.
See

in arine

Title 16, chap. 5. SEC. 1511. The Naval Academy shall be established at Where estab. Annapolis, in the State of Maryland. lished.

May 11, 1864, s. 4, v. 13, p. 85.

March 2, 1889. That the Academie Board of the Naval Academy shall 25 Stat., L. 878. on or before the thirtieth day of September in each year OBS: R. S., P. separate the first class of naval cadets then commencing Naval Acad- their fourth year into two divisions, as they may have emy Cadets of first shown special aptitude for the duties of the respective class, fourth corps, in the proportion which the aggregate number of year, assigned to two separate di- vacancies occurring in the preceding fiscal year ending on

the thirtieth day of June in the lowest grades of commisR.S., secs. 1511- sioned officers of the line of the Navy and Marine Corps of

the Navy shall bear to the number of vacancies to be sup

plied from the Academy occurring during the same period schools, title.

Seo Vessels of in the lowest grade of commissioned officers of the engineer the Navy, Di.

corps of the Navy;

And the cadets so assigned to the line and Marine Corps rine Corps divi: division of the first class shall thereafter pursue a course division. of study arranged to fit them for service in the line of the

Navy, and the cadets so assigned to the Engineer Corps division of the first class shall thereafter pursue a separate course of study arranged to fit them for service in the Engineer Corps of the Navy, and the cadets shall thereafter, and until final graduation, at the end of their six years' course, take rank by merit with those in the same

division, according to the merit marks; Appointments And from the final graduates of the line and Marine graduation.

Corps division at the end of their six years' course, appoint

vision I.

Line and Ma

from divisions at

Note 1.- The positions given the midshipmen on their final examination (secs. 1483 and 1521) can not be disturbed. (See Ops., XI, p. 158; XV, p. 637; XVI, p. 296;

Court of Claims, X, p. 474: Op. Aug. 12, 1881. See act Mar.2,

Note 2.-Other statutes relating to the Naval Academy are as follows: 1874, Feb. 24, 1889.

ch. 35, sec, 2, course of study for engineers; 1874, June 22, ch.392, sec.3, repeal of appointment of cadet engineers : 1874, June 23, ch. 453, punishment of hazing; 1877, Mar. 3, ch. 111, pay of cadets; 1878, June 17, ch. 260, number of cadets appointed; 1879, Feb. 14, ch. 68, par. 2, Board of Visitors; 1882, Aug. 5, ch. 391, pars. 1, 2, name, appointment, study, and discharge of naval cadets regulated ; 1884, June 26, ch. 122, graduates to be commissioned ensigns; 1886, May 20, ch.362, nature and effect of alcoholic drinks to be studied; 1886, Aug. 4, ch. 903, par. 2, no intoxicating liquors to be furnished Board of Visitors at Government expense.

vacancies, etc.,

of

cies.

ments shall be made hereafter as it shall be necessary to Ang. 5, 1882, ch.

391, par. 1, p. 376. fill vacancies in the lowest grades of commissioned officers June 26, 1884, of the line of the Navyand Marine Corps; and the vacancies ch. 122, p. 416. in the lowest grades of the commissioned officers of the Engineer Corps of the Navy shall be filled in like manner by appointments from the final graduates of the Engineer division at the end of their six years' course:

Provided, That no greater number of appointments into -not to exceed the said lowest grades of commissioned officers shall be and to be in order made each year than shall equal the number of vacancies of merit. which shall have occurred in the same grades during the fiscal year then current; such appointments to be made from the final graduates of the year, in the order of merit as determined by the Academic Board of the Naval Academy, the assignment to be made by the Secretary of the Navy upon the recommendation of the Academic Board at the conclusion of the fiscal year then current; But nothing contained herein or in the naval appropria- Roduction

appointments. tion act of August fifth, eighteen hundred aud eighty-two, shall reduce the number of appointments of final graduates at the end of their six years course below twelve in each year to the line of the Navy, and not less than two shall be appointed annually to the Engineer Corps of the Navy, nor less than one annually to the Marine Corps; and if the number of vacancies in the lowest grades aforesaid, occurring in any year shall be greater than the number of final graduates of that year, the surplus vacancies shall be filled Filling vacan from the final graduates of following years, as they shall become available.

SEC. 1512. [Superseded by act of August 5, 1882, as fol. Aug. 5, 1882. lows:] Provided, That hereafter there shall be no appoint- 22 Stat. L., 284. ments of cadet-midshipmen or cadet-engineers at the Naval Title of stu. Academy, but in lieu thereof naval cadets shall be appointed from each Congressional district and at large, as now provided by law for cadet-midshipmen, and all the undergraduates at the Naval Academy shall hereafter be designated

Naval cadets, and called “naval cadets;" and from those who successfully complete the six years' course appointments shall hereafter of cadet-mid:

shipmen and be made as it is necessary to fill vacancies in the lower cadet-engineers. grades of the line and Engineer Corps of the Navy and of 8.s., sues. 1512the Marine Corps: And provided further, That no greater Feb. 24, 1874, number of appointments into these grades shall be made ch, 35, p. 4, each year than shall equal the number of vacancies which ch. 260, p. 188. has occurred in the same grades during the preceding year; Juno 26, 1884, such appointments to be made from the graduates of the ch. 122, p. 446. year, at the conclusion of their six years' course, in the Mar. 2, 1889, ch. order of merit, as determined by the academic board of 396, and note, 546; the Naval Academy; the assignment to the various corps 116 U.S., 174, 483. to be made by the Secretary of the Navy upon the recom

Aug. 5, 1882, 22

Stat. L., p. 285. mendation of the academic board. But nothing herein contained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year eighteen hundred and eighty-two. And if there be a surplus of graduates, those who do not receive such appointment shall be given a certificate of

name of, instead

1528

June 17, 1878,

20 C. Cls., 226, 438; Number of naval cadets.

Mar. 2, 1867, 8.

, V.

p. 285.

Naval Acad. omy,

emy

notico of vacancy.

how made.

graduation, an honorable discharge, and one year's sea-pay, as now provided by law for cadet-midshipmen; and so much of section fifteen hundred and twenty-one of the Revised Statutes as is inconsistent herewith is hereby repealed.

That any cadet whose position in his class entitles him to be retained in the service may, upon his own application, be honorably discharged at the end of four years' course at the Naval Academy, with a proper certificate of graduation.

SEC. 1513. There shall be allowed at said Academy one

naval cadet for every Member or Delegate of the House of 8,1: 14. P-517; Representatives, one for the District of Columbia, and ten July 15, 1870. 12, v. 16, p. 334: appointed annually at large: Provided, howerer, That there June 17, 1878, shall not be at any time more in said' Academy appointed 5,1882, 22 Stat. L., at large than ten.

See note 3
July 26, 1894. That section fifteen hundred and fourteen, chapter five,

title fifteen of the Revised Statutes of the United States,

is hereby amended so that it shall hereafter read: Substitute for R.S., sec. 1514. The Secretary of the Navy shall, as soon after the fifth

July 16, 1862, of March in each year as possible, notify in writing each 8.11, v. 12, p. 585. Naval Acad - Member and Delegate of the House of Representatives of

any vacancy that may exist in his district. Nominations, The nomination of a candidate to fill said vacancy shall

be made upon the recommendation of the Member or Dele. gate, if such recommendation is made by the first day of

July of that year; Appointment but if it is not made by that time, the Secretary of the

Navy shall fill the vacancy by appointinent of an actual cancy exists.

resident of the district in which the vacancy exists, who shall have been for at least two years immediately preced: ing the date of his appointment an actual and bona fide resident of the district in which the vacancy exists and of the legal qualification under the law as now provided.

The candidate allowed for the District of Columbia, and large. all the candidates appointed at large, shall be selected by

the President. Feb. 12, 1895. That every Representative or Delegate in Congress,

Naval Acad. whose district or Territory is now not represented at the Appointment of Naval Academy by a cadet who was an actual resident of cadets from dis- such district or Territory at the time of his appointment, gelets.mot repro- shall be permitted and authorized to recommend a candi

date for appointment as cadet at the Naval Academy of the United States, said recommendation to be made on or before the fourth day of March, eighteen hundred and ninety-five, and the Secretary of the Navy shall nominate such cadet so recommended for appointment to said Academy, subject to the qualifications now prescribed by law. Such cadets, when so appointed, shall be in addition to the cadets now allowed by law, and the sum of money appro. priated by the Act entitled “An Act making appropria

to be from dig. trict where va

Candidates from D. C. and at

Note 3.-A joint resolution, approved July 25, 1868, v. 15, p. 261, authorizes the Secretary of the Navy to receive for instruction at the Naval Academy not exceeding six persons, to be designated by the Government of the Empire of Japan, provided that no exponse shall thereby accrue to the United States; and that the Secretary of the Navy may, in the case of the said persons, modify or dispense with any provisions of the rules and regulations of the said Academy which circum. stances may, in his opinion, render necessary or desirable.

See note 4.

mendation.

tions for the naval service for the fiscal year ending June Laws, 2d sess

53d Cong., p. 137. thirtieth, eighteen hundred and ninety-five, and for other purposes," approved July twenty-sixth, eighteen hundred and ninety-four, is hereby made available, and shall be Appropriation

available. applied to carry into effect this law. SEC. 1515. All candidates for admission into the Acad. Examination of

candidates. emy shall be examined according to such regulations and July 16, 1862, 8; at such stated times as the Secretary of the Navy may Aprii 17, 1866, 6.

. 585. prescribe. Candidates rejected at such examination shall 5, v. 14, p. 38. not have the privilege of another examination for admission to the same class, unless recommended by the board of examiners.

SEC. 1516. When any candidate who has been nominated Second recomupon the recommendation of a Member or Delegate of the July 16, 1862, 9. House of Representatives is found, upon examination, to }112585;

July 17, 1866. , be physically or mentally disqualified for admission, the v. 14, p. 38. Member or Delegate shall be notified to recommend another candidate, who shall be examined according to the provisions of the preceding section.

SEC. 1517. Candidates allowed for congressional dis- Qualifications. tricts, for Territories, and for the District of Columbia must, July 24, 1862 be actual residents of the districts or Territories, respec- July 10180235 tively, from which they are nominated. And all candidates April 1, 1864, s. 2, must, at the time of their examination for admission, be 30. between the ages of fourteen and eighteen years, and physically sound, well formed, and of robust constitution.

SEC. 2. That after the fourth day of March, eighteen Mar. 2, 1889. hundred and eighty-nine, the minimum age of admission of cadets to the Academy shall be fifteen years and the of admission 1 maximum age twenty years. SEC. 1518. No money appropriated for the support of the Appropriations.

how applied Naval Academy shall be applied to the support of any See note 6. naval cadet appointed otherwise than in strict conformance 1, v. 13, p. 84:

May 21, 1864, s. with the provisions of this chapter.

Aug._5, 1882, 22

Stat. L., p. 285. SEC. 1519. Naval cadets found deficient at any examina- Cadet.midshin: tion shall not be continued at the Academy or in the cient. service unless upon the recommendation of the academic , July, 16, 1862, n. ·board.

12. 565 ;

11, v. 12p.

See note 5.

Minimum age

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mum 20.

R. S. sec. 1517.

Stat. L., p. 285.

found .

11, v. 12, p. 585; Aug. 5, 1882, 22

See note 7.

Note 4.-Section 1515 is to be read as if the dates fixed by the regulations of the Academy for the examination of candidates for admission were inserted therein; and hence by the existing law the season for recommendations and nominations of naval cadets begins after the 5th of March and expires on the 22d of September in each year. . (Op., XVI, p. 621.) This opinion was given in the case of a Member whose candidates, sent down in June and September, failed, and he wished to send another in January following. It was held that no nomination could be made until after the 5th of March.

Note 5.- A candidate under fourteen or over eighteen years of age is not between the two ages, and can not be appointed. (Op., X, p. 315, July 29, 1862. For further discussion of the subject of appointments see Op., X, pp. 46, 495 ; Op., XVI, p. 621.)

Note 6.-The naval appropriation act of March 8, 1883, provides for the actual and See trareling necessary traveling expenses of naval calets while proceeding from their homes to expenses, title the Naval Academy for examiuation and appointment as caval cadets. Such ex. Pay and Allow. penses are not allowed to those not appointed.

Note 7.- Under section 1519 the Secretary of the Navy has no right to continne at the Academy cadets found at any examination deficient in their studies, without the recommendation of the Academic Board. (Op., XV, p. 634.)

By statutory definition, cadets are not to be included, in general, in legislation confined to "officers" of the Navy. (Idem.)

Cadets, after the four years' course, are not entirely emancipated from probation. ary study; they are students at 86a. (Op., XVI, p. 296.)

ances.

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