Page images

And any cadet or candidate for admission who shall refuse to take this oath shall be dismissed from the service. R. S. 1320.

2690. Engagement for military service by cadets.--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.

The provisions of this section were modified, in the case of Filipinos receiving instruction at the academy, by a provision of act of May 28, 1908, ante, 2681.

2691. Cadets liable to military service.-Cadets shall be subject at all times to do duty in such places and on such service as the President may direct. R. S. 1323.

Notes of Decisions.

Service.-Cadets are neither commis. sioned officers, nor common soldiers, nor noncommissioned officers, but are inferior officers, who, for purposes of instruction, may be required to serve as officers, noncommissioned officers, or privates. Babbitt t'. U. S. (1880), 16 Ct. Cl. 202.

The cadet corps of the Military Academy is a part of the Army. U. S. v. Morton (1884), 5 Sup. Ct. 1, 3, 112 U. S. 1, 28

L. Ed. 613; Morton v. U. S. (1884), 19 Ct. CI. 200. See also Hartijan V. U. S. (1905), 25 Sup. Ct. 204, 205, 196 U. S. 169, 49 L. Ed. 434, holding that a cadet may, in a certain sense, be an officer, as distinguished from an enlisted man, but that he is not an officer of the Army within the meaning of that word as used in other sections of this title. See notes to 2416, ante.


2692. Organization and training of the corps of cadets.--The corps of cadets shall be arranged into companies, according to the directions of the superin. tendent, 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, non-commissioned 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. S. 1322.

Recent Military Academy appropriation acts provide for three battalion commanders.
The current appropriation act provides for 31 field musicians (41 Stat. 539).
See 2658, ante.

2693. Four years of training for cadets.—The course of instruction at the United States Military Academy shall be four years:

Act of March 30, 1920 (41 Stat. 548).

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.

2694. Additional year at the Academy for cadets.- * * Provided further, That any cadet now at the academy may at his option, exercised prior to June 11, 1920, continue at the academy one additional year and postpone thereby his prospective graduation, and cadets not electing so to prolong their course shall be graduated in the years assigned to their respective classes prior to the passage of this Act. Act of March 30, 1920 (41 Stat. 518).

2695. Instruction as to 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 text-books 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, 1586 (24 Stat. 69).

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 (21 Stat. 69).

2696. No study on Sunday.-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.

2697. Deficient cadets reexamined.--- * * Prorided, That whenever a cadet shall fail to pass any required examination because deficient in any one subject of instruction he shall have the right to apply for a second examination regarding such subject by making written application therefor to the Academic Board within ten days after being officially notified of such failure. The examination demanded shall be held within sixty days from the date of such application, and if the cadet being otherwise qualified shall pass the same by compliance with the requirements existing at the time of the first examination, he shall be readmitted to the acadeiny: Provided further, That this proviso shall apply to those former cadets who failed in not more than two subjects during the current year who shall make application for such examination within twenty days after the approval of this Act: Provided further, That any cadet who fails to pass any required examination shall have no more than one reexamination :

Act of Aug. 11, 1916 (39 Stat. 493). 2698. Reappointment of discharged deficient cadets.- No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the Academy shall, unless upon recommendation of the academic board, be returned or reappointed, or appointed to any place in the Army before his class shall have left the Academy and received their commissions. R. S. 1325.

Notes of Decisions.

Reappointment.--Congress bad authority to thus limit or restrict the authority of the President to appoint cadets. And this section prohibits the returning or reappointing of a cadet to the Military Academy, except upon the recommendation of the academic board. It is not within the authority of the President, in opposition to an adverse recommendation of the academic

board of the Military Academy, to revoke an order of the Secretary of War for the discharge of a cadet and to restore him to the academy to take his place in the next succeeding first class. That order, having been completely executed, is beyond the power of revocation. (1881) 17 Op. Atty. Gen. 67.

[ocr errors]

2699. Appointment of discharged cadets in the Marine Corps.- *

Prorided further, That no midshipman at the United States Naval Academy or cadet at the United States Military Academy who fails to graduate therefrom shall be eligible for appointment as a commissioned officer in the Marine Corps until after the graduation of the class of which he was a member. Act of Aug. 29, 1916 (39 Stat. 611).

2700. Hazing.---That the superintendent of the United States Military Academy, subject to the approval of the Secretary of War, shall make appropriate regulations for putting a stop to the practice of hazing, such regulations to prescribe dismissal, suspension, or other adequate punishments for infractions of the same, and to embody a clear definition of hazing.

That any cadet who shall be charged with offenses under such regulations wbich would involve his dismissal from the academy shall be granted, upon his written request, a trial by a general court-martial, and any cadet dismissed from the acadeniy for hazing shall not thereafter be reappointed to the corps of cadets nor be eligible for appointment as a commissioned officer in the Army or Navy or Jarine Corps until two years after the graduation of the class of which he was a member. Act of March 2, 1901 (31 Stat. 911), as amended by act of April 19, 1910 (36 Stat. 323).

The above was a proviso of the Military Academy appropriation act for the fiscal year 1902, which superseded a previous provision, that any cadet dismissed for bazing should not be eligible to reappointment, made by act of Mar. 31, 1884 (23 Stat. 7).

2701. Cadets to be tried by courts-martial.—The superintendent of the Military Academy shall have power to convene general courts-martial for the trial of cadets, and to execute the sentences of such courts, except the sentences of suspension and dismission, subject to the same limitations and conditions now existing as to other general courts-martial. R. S. 1326.

Notes of Decisions.

Courts-martial.- Cadets are soldiers, receiving the pay of sergeants, and bound to perform military duty in such places and on such service as the commander in chief shall order, and the corps to which they are attached is a part of the military peace establishment. As a part of the Corps of Engiveers they form a part of the land forces of the United States, and have been constitutionally subjected by Congress to

tbe Rules and Articles of War and to trial by court-martial. (1819) 1 Op. Atty. Gen, 276. And see (1821) 1 Op. Atty. Geu 109; (1855) 7 Op. Atty. Gen. 323.

Status of cadets.--The cadets of the Milltary Academy at West Point apperta'n by law to the Corps of Engineers, are therefore a part of the land force of the United States, and as such are subject to the rules and articles of war. But they are not "noncommissioned" oflicers of the acts of Congress and the general regulations, which expression means sergeants and corporals," and is inapplicable to the cadets. They are inchoate oflicers of the Army, and subject by statute and regulation to Do discipline incompatible with that char. acter. (1855) 7 Op. Atty. Gen. 323.

2702. Pay and ration of cadets.-The pay of cadets for the fiscal year ending June 30, 1921, shall be fixed at $780 per annum and one ration per day or commutation thereof at the rate of $1.08 per ration, to be paid from the appropriation for the subsistence of the Army: Provided, That the sum of $250 shall be credited to each cadet now at the academy and to each cadet discharged since January 1, 1910, to the extent of paying any balance due by any such cadet to the academy on account of initial clothing and equipment issued to him. Act of March 30, 1920 (11 Stat. 538).

The pay of cadets was fixed by the act of Mar. 16, 1802 (2 Stat, 137), at $16 per month and two rations per day. By the act of Mar. 3, 1857 (11 Stat. 252), their pay was fixed 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 ($109.30 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 . une 30, 1982 (27 Stat. 515), contained the requirement that no cadet should thereafter "receive more than at the rate of five hundred and forty dollars 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 ration, or commutation therefor, as hitherto allowed under the act approved June 28, 1902. Art 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 commuta. tion therefor at the rate of 68 cents per ration, to be pald 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 eadet or officer de facto when be accepts the appointment; but, in view of the act of July 2, 1862 (12 Stat. 502), his pay can not commence until he takes the oath of office. When a candidate passes the examinations and enters upon the duties of a cadet le thereby accepts his appointment, and his service in the Army begins, but his pay can vot commenee until he takes the oath of office required by law. 3 Dig. 24 Comp. Dec., par. 881. Fourteen dollars a month shall be deposited with the Treasurer from the


of each cadet, to be applied, at the time of his graduation, to the purchase of a uniform and equipment. Par. 73, Reg. U. S. M. A., 1916.

The act of Nov. 4, 1918 (40 Stat, 1032), provided that the United States Military Academy cadets of the classes of 1920 and 1921 who have been ordered by military authority to graduate Nov. 1, 1918, and to provide themselves with the full personal equipment required for immediate active service overseas shall be credited with so much of their respective full course personal equipment allowances as muy remain unpaid at the said date of their graduation,

2703. Graduation leave for instructors at training camps.-That the service of 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. Chap. XVIII, act of July 9, 1918 (40 Stat. 892).

2704. Band.-The Military Academy Band shall hereafter consist of one teacher of music, who shall be the leader of the band, one enlisted band sergeant and assistant leader, and of fifty enlisted musicians. The teacher of music shall receive the pay and have the rank of a first lieutenant, not mounted; the enlisted band sergeant and assistant leader shall receive $972 per year; and of the enlisted musicians of the band, fifteen shall each receive $51 per month, fifteen shall receive $14 per month, and the remaining twenty shall each receive $38 per mouth, and each of the aforesaid enlisted men shall also be entitled to the clothing, fuel, rations, and other allowances of musicians of the Regular Army; and the said teacher of music, the band sergeant and assistant leader, and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other officers or enlisted men of the Army. R. S. 1111, as amended by the act of June 27, 1918 (40 Stat. 623).

See 2676, ante.

The act of Mar. 30, 1920 (41 Stat. 539), provides for one band sorgeant and assistant leader, and 50 enlisted musicians for the Military Academy band.

See also 2692, ante.
2705. Music furnished outside the reservation by the band.--

Pro rided, That the band or members thereof and the field musicians of the Brilis tary Academy shall not receive remuneration for furnishing music outside the

[ocr errors]
[ocr errors]

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).

2706. Strength of the General Army Service, Quartermaster's Department, and the Cavalry detachments.- * * * Provided, That the detachments of enlisted men at the Military Academy, heretofore designated as the General Army Serv. ice, Quartermaster's Department, and the cavalry detachment, shall be fixed at such numbers, not exceeding two hundred and fifteen enlisted men in both detachments, as in the opinion of the Secretary of War the necessities of the public service may from time to time require; but the number of enlisted men of the Army shall not be increased on account of this proviso or the two preceding paragraphs of this act. Act of Feb, 10, 1897 (29 Stat. 519).

The act of June 20, 1890 (26 Stat. 167), directed that the Artillery detachment at West Point be absorbed into the General Army Service, Quartermaster's Department, on duty at that post. Special provision for the pay of detachments on duty at the academy was not made until comparatively recent years,

The act of Jan. 16, 1895 (28 Stat. 627), provided for a detachment of Army service men in the Quartermaster's Department, and for a Cavalry detachment. An Artillery detachment was provided for by the act of June 6, 1900 (31 Stat. 647), and an Engineer detachment by the act of Aug. 9, 1912 (37 Stat, 254). The number in each detachment has been fixed in each case by subsequent annual appropriation acts, subject to the Jimitations of the above act. The act of Mar. 30, 1920 (41 Stat. 539-541), provides for all these detachments and also for a Signal Corps detachment and a Coast Artillery detachment.

2707. Engineer detachment.-Hereafter there shall be maintained at the United States Military Academy an engineer detachment, which shall consist of one first sergeant, one quartermaster sergeant, eight sergeants, ten corporals, two cooks, two musicians, thirty-eight first-class privates, and thirty-eight second-class privates;

For pay of such engineer detachment, twenty-four thousand dollars; additional pay for length of service, six thousand four hundred and eight dollars: Provided, That the enlisted men of said detachment shall receive the same pay and allowances as are now or may be hereafter authorized for corresponding grades in the battalions of engineers: Provided further, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Aug. 9, 1912 (37 Stat. 254).

The number of men in this detachment has been fixed by successive acts making appropriations for the Military Academy.

A previous provision relating to the pay and allowances of the acting first sergeant of the detachment of Engineers, made by act of Mar. 3, 1911 (36 Stat. 1019), was superseded by these provisions of this act.

The act of Mar. 30, 1920 (41 Stat, 540), makes provision for pay of an Engineer detachment composed of 13 sergeants, 12 corporals, 3 cooks, 2 musicians, 38 prirates, first class, and 50 privates.

2708. Vacant.

2709. Additional pay of certain enlisted men.---The non-commissioned officer in charge of mechanics and other labor at the Military Academy, the soldier acting as clerk in the adjutant's office, and the four enlisted men in the philosophical and chemical departments and lithographic office, shall receive fifty dollars a year additional pay. R. S. 13h1.

Recent acts making appropriations for the Military Academy contain no provisions corresponding to the above.

Provision for extra pay of enlisted men stationed at West Point was regularly included in the acts making appropriations for the Military Academy, including the act of May 20, 1920.

[ocr errors]
« PreviousContinue »