2674. Civilian instructors in fencing, gymnastics and athletics. For pay of two expert civilian instructors in fencing, broadsword exercises, and other military gymnastics as may be required to perfect this part of the training of cadets, $3,000.

For pay of one professional civilian instructor in military gymnastics, fencing, boxing, wrestling, and swimming, $1,500.

For pay of two expert assistant civilian instructors in military gymnastics, fencing, boxing, wrestling, and swimming, $4.000: Act of Mar. 30,

1920 (41 Stat. 542).

*

A similar provision was made in previous appropriation acts. 2675. 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, one thousand two hundred dollars. Act of Mar. 3, 1911 (36 Stat. 1019).

For pay of one custodian of gymnasium, $1,200. Act of March 30, 1920 (41 Stat. 543).

2676. Teacher of music.-For pay of one teacher of music, $2,000. Act of March 30, 1920 (41 Stat. 542).

Similar provisions appear in previous appropriation acts.

2677. 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 re-appointment for an additional term or terms and shall, while so serving, receive the same pay and allowances as are now allowed to a captain mounted. Act of Feb. 18, 1896 (29 Stat. 8).

For pay of one chaplain, $2,400. Act of March 30, 1920 (41 Stat. 538).

The first paragraph above repealed so much of R. S. 1309, as provided for a chaplain. See 2639, ante.

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 officer whose appointment was authorized by that statute, and the duty of giving instruction in history being transferred by Executive regulation to the department of law.

2678. Librarian and assistant librarian.-The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay. R. S. 1340.

For pay of one librarian, $3,000.

For pay of one assistant librarian, $1,500. Act of March 30, 1920 (41 Stat. 543).

Similar provisions appear in previous appropriation acts.

2679. Composition of the Corps of Cadets.-That the Corps of Cadets of the United States Military Academy shall hereafter consist of two from each congressional district, two from each Territory, four from the District of Columbia, two from natives of Porto Rico, four from each State at large, and eightytwo from the United States at large, twenty of whom shall be selected from among the honor graduates of educational institutions having officers of the

Regular Army detailed as professors of military science and tactics under existing law or any law hereafter enacted for the detail of officers of the Regular Army to such institutions, and which institutions are designated as "honor schools," upon the determination of their relative standing at the last preceding annual inspection regularly made by the War Department, and two of whom shall be selected from persons recommended by the Vice President. They shall be appointed by the President and shall, with the exception of the eighty-two appointed from the United States at large, be actual residents of the congressional or territorial district, or of the District of Columbia, or of the Island of Porto Rico, or of the States, respectively, from which they purport to be appointed. Chap. XXII, act of July 9, 1918 (40 Stat. 894).

Sec. 1, act of Mar. 3, 1915, authorizing an increase in the number of cadets, has been superseded by the above statute. Sec. 3 of said act provided that the increase be made in four annual increments.

Notes of Decisions.

District of appointment. In general, minors whose fathers are living and residing within the United States are, by reason of their minority, ineligible to appointment

as cadets to the Military Academy at West Point from any other congressional districts than those in which their fathers reside. (1869) 13 Op. Atty. Gen. 130.

2680. Appointment of enlisted men as cadets.-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).

2681. Appointment of Filipinos as cadets.-The Secretary of War is hereby authorized to permit not exceeding four Filipinos, to be designated, one for each class, by the Philippine Commission, to receive instruction at the United States Military Academy at West Point: Provided, That the Filipinos undergoing instruction, as herein authorized, shall receive the same pay, allowances, and emoluments as are authorized by law for cadets at the Military Academy appointed from the United States, to be paid out of the same appropriations: And provided further, That said Filipinos undergoing instruction on graduation shall be eligible only to commissions in the Philippine Scouts. And the provisions of section thirteen hundred and twenty-one, Revised Statutes, are modified in the case of the Filipinos undergoing instruction, so as to require them to engage to serve for eight years, unless sooner discharged, in the Philippine Scouts. Act of May 28, 1908 (35 Stat. 441).

Provided, That the four Filipino cadets authorized by the Act of May twentyeighth, nineteen hundred and eight, to be designated by the Philippine Commission to receive instructions at the United States Military Academy, shall hereafter be designated by the Governor General of the Philippine Islands. Act of Aug. 11, 1916 (39 Stat. 493).

For R. S. 1321, see 2690, post.

2682. Appointment of cadets in advance of admission.-Cadets shall be ap pointed 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.

2683. Admission of a cadet although predecessor has been retained.— * Provided, That any person heretofore nominated in accordance with regulations, for appointment to fill a vacancy which would have resulted from the graduation of a cadet during the present year, may be so appointed notwithstanding the retention of such cadet at the Academy: *** Act of Mar. 30, 1920 (41 Stat. 548).

2684. Examinations 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, as amended by the act of Mar. 2, 1901 (31 Stat. 911).

2685. Physical examination for admission.--* 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).

2686. Age of cadets at admission.-Appointees shall be admitted to the Academy only between the ages of seventeen and twenty-two years, except in the following case: That during the calendar years 1919, 1920 and 1921 any appointee who has served honorably and faithfully not less than one year in the armed forces of the United States or allied armies in the late war with Germany, and who possesses the other qualifications required by law, may be admitted between the ages of seventeen and twenty-four years: Provided, 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, as amended by act of Mar. 30, 1920 (41 Stat. 548).

R. S. 1318 provided that appointees should be admitted to the academy only between the ages of 17 and 22 years.

2687. Admission on the first of March.-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).

2688. Traveling expenses of cadets from their homes to the academy.-Provided further, That hereafter the actual and necessary traveling expenses of candidates while proceeding from their homes to the Military Academy for qualification as cadets shall, if admitted, be credited to their accounts and paid after admission from the appropriation for the transportation of the Army and its supplies. Act of June 28, 1902 (32 Stat. 409).

2689. Oath of cadets.-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 allegiance, 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."