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2710. Overseer of waterworks.-Provided, That from the foregoing appropriations for waterworks, or from any appropriation that may hereafter be made for waterworks, a sum not to exceed seventy-five cents per day may be paid as extra-luty pay to the overseer, when such overseer is a soldier detailed for that duty. Act of Jur. 2, 1901 (31 Stat. 920).

The provision of this act was repeated in the Military Academy appropriation act for the fiscal year 1903, act of June 28, 1902 (32 Stat. 418), but was omitted from subsequent similar acts, and in each of them an appropriation was made, under the heading * Pay of civilians," for an overseer of the waterworks. The provision for the fiscal year 1921 was by act of Mar. 20, 1920 (41 Stat. 543).

2711. Public documents for the library.-The Secretary of the Senate shall furnish annually to the library of the Academy one copy of each document published, during the preceding year, by the Senate. R. S. 1332.

The library of the Military Academy was constituted a designated depository of Government publications by sec. 98, act of Jan. 12, 1895 (28 Stat. 624), 190, ante.

2712. Cullum Memorial Hall.—That the memorial hall to be erected under the provisions of this act shall be a receptacle of statues, busts, mural tablets, and portraits of distinguished and deceased oflicers and graduates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession; and to prevent the introduction of unworthy subjects into this hall the selection of each shall be made by not less than two-thirds of the members of the entire academic board of the United States Military Academy, the vote being taken by ayes and nays and to be so recorded. Sec. 6, act of July 23, 1892 (27 Stat. 263).

This section was part of an act to accept a bequest made by Gen. George W. Cullum for the erection of a memorial ball at West Point, and to carry the terms and conditions of the same into execution.

Other sections of the act accepted the bequest mentioned, created a board of trustees of the Memorial Hall, provided for the erection of a suitable structure for the purpose and the expenditure of the funds from the bequest therefor, and for the transfer of the building after its construction to the Government.

2713. Building for religious worship.--That the Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Military Reservation: Prorided, That the erection of such building will not interfere with the uses of said reservation for military purposes. Said building shall be erected without any expense whatever to the Government of the United States, and shall be removed from the reservation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Secretary of War, public or military necessity shall require it, and without compensation for such building or any other expense whatever to the Government. Act of July 8, 1898 (30 Stat. 722).

Notes of Decisions.

Roman Catholic chapel.--Prior to the enactment of this section it was held that the Secretary of War bad no power to accept for the Government a donation of

a building to be erected upon the military reservation at West Point for its use in perpetuity by Roman Catholics. (1897) 21 Op. Atty. Gen, 537.

2714. Hotek-That the Secretary of War is hereby authorized to lease land on the United States Military Reservation at West Point, for a term of not exceeding fifty years, to any corporation, company, or individual, upon which to erect a botel, and all other necessary buildings in connection therewith, in





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accordance with plans and specifications submitted to and recommended by the Superintendent of the Military Academy, and approved by the Secretary of War. Said lease shall contain such conditions, terms, reservations and covenants, as may be agreed upon and shall also provide for just compensation to the lessees for the construction of said hotel, appurtenances, and equipments, to be paid to said lessees at the termination of said lease. Act of March 4, 1919 (0 Stat. 1.318), as amended by act of March 30, 1920 (41 Stat. 548). The act of Var. 4, 1919 (40 Stat. 1348), read as follows:

The Secret tary of War is hereby authorized to allow any corporation, company, or individual

the United States Military Academy reservation at York, a hotel in accordance with plans and specifications to be approved by the Superintendent of the United States Military Academy and to enjoy the revenue therefrom for a period of fifty years ; after which time said hotel shall become the property of the United States : Prorided, that the title and ownership of said hotel may be accepted by the Secretary of War on the behalf of the United States at any time. That said hotel shall be conducted under such regulations including the rates and the charges for accommodations thereat as may be promulgated by the Superintendent of the United States Military Academy under the direction of the Secretary of War.

2713. Contingencies for the superintendent.-Cortingencies for superintendent of the academy, $3,000. Act of March 30, 1920 (41 Stat, 544).

Also, that all funds arising from the rent of the hotel on Academy grounds, and other incidental sources, from and after this date be, and are hereby, made a special contingent fund, to be expended under the supervision of the Superintendent of the Academy, and that he be required to account for the sime annually, accompanied by proper vouchers to the Secretary of War. Act of Blay 1, 1888 (25 Stui. 112). 2716. Sale of gas.--*

Proridet!, That all proceeils of sales of gas be paid into the post fund. Act of Jar. 1, 1893 (27 Stut. 520). 2717. Sale of unnecessary or unserviceable stores.-

And provided, That hereafter, when any machinery, apparatus implements, supplies, or materials which bave been heretofore or may hereafter be purchased or acquired from appropriations made for the support of the United States Military Academy are no longer needed or are no longer serviceable, they may be sold in such manner as the superintendent may direct; and that the proceeds shall be turned into the Treasury as miscellaneous receipts. Act of March 4, 1919 (40 Stat. 1317), making appropriations for the support of the Military Academy. 2718. Purchase of supplies.

Prorided, That all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by contract or otherwise, as the Secreiary of War may deem best. Act of Jarch 30, 1920 (11 Slat. 515-5./6).

Similar provisions appear in previous appropriation acts.

2719. Settlement of accounts with other bureaus.- And prorided further, Thal hereafter in setting transactions between appropriations for the support of the United States Military Academy and other bureaus of the War Department, or between the United States Military Academy and any other executive department of the Government, payment therefor shall be made by the disbursing oficer of the United States Military Academy or of the office, bureau, or department concerned. Act of Aug. 11, 1916 (39 Stat. 501).

2720. Wharfage dues.--The Secretary of War is authorized to have collecteel from vessels using the wharf and ferry slip at West Point, New York, such wharfage dues as he may deem just, reasonable, and necessary, the same to be



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paid at the time of landing to the post quartermaster or his authorized agent. Act of Mar. 4, 1915 (38 Stat. 1137).

2721. Maintenance, United States Military Academy, fund. For the purpose of accounting only, all funds hereinbefore appropriated under the titles “ Current and ordinary expenses,” Miscellaneous items and incidental expenses," and “ Buildings and grounds," shall be disbursed and accounted for by the disbursing officer, United States Military Academy, as Maintenance, United States Military Academy," and for that purpose shall constitute one fund. Act of March 30, 1920 (41 Stat. 547).


Notes of Decisions. Appropriations.-- The post of West Point Expenditures for the support of the is one of the military posts of the United Military Academy must be limited to the Stares, and the appropriation for the con- amounts appropriated in the acts for the struction of buildings at military posts is support of the academy, unless a contrary applicable to the erection of such quarters purpose on the part of Congress clearly as are for the use of the military post at appears in its legislation. Id., 216. that place and independent of the Military Academy located there. 5 Comp. Dec. 812 ; 3 Dig. Dec. Sec. Comp., 216.

2722. Pay fund.-All the money hereinbefore appropriated for pay of the Milltary Academy shall be disbursed and accounted for by the disbursing officer of the United States Military Academy as pay of the Military Academy, and for that purpose shall constitute one fund. Act of March 30, 1920 (41 Stat. 546).

2723. Cadet store working fund. That $150,000 are hereby appropriated for use of the treasurer, United States Military Academy, as a working fund to enable him to keep stock in cadet store, cadet mess, and cadet laundry during the continuance of the present system of cadet instruction at the United States Military Academy : Provided further, That in case a four-year course is reestab. lished that this amount shall remain available for use of treasurer of the United States Military Academy until such time as the equipment fund of cadets shall have reached the same amount. Act of Nov. 4, 1918 (40 Stat. 103.2), making appropriations for the support of the Military Academy.

2724. Board of Visitors.- That hereafter the Board of Visitors to the Military Academy shall consist of five members of the Committee on Military Affairs of the Senate and seven members of the Committee on Military Affairs of the House of Representatives, to be appointed by the respective chairmen thereof; the members so appointed shall visit the Military Academy annually at such time as the chairman of said committees shall appoint, and the members from each of said commmittees may visit said academy together or separately as the said committees may elect during the session of Congress; and the superin. tendent of the academy and the members of the Board of Visitors shall he notified of such date by the chairman of the said committees. The expenses of the members of the board shall be their actual expenses while engaged upon their duties as members of said board not to exceed five dollars per day and their actual expenses of travel by the shortest mail routes: Prorided further, That so much of sections thirteen hundred and twenty-seven, thirteen hundred and twenty-eight, and thirteen hundred and twenty-nine, Revised Statutes of the United States, as is inconsistent with the provisions of this Art are hereby repealed. Act of May 28, 1908 (35 Siut. 436), as amended by act of Aug. 9, 1912 (37 Stat. 257).

The board of visitors was established by R. S. 1327, which provided for che appointment of such a board every year. The provisions of that section relating to the manner of appointment of such board, the persons to be appointed, and their attendance at the annual examination, were superseded by the provisions of act of May 28, 1908, repeated and reenacted in act of Mar, 4, 1909 (35 Stat, 1033), and amended as above.

The other provisions of this section, specifying the nature and amount of compensation to members of the board, were superseded by provisions for payment of mileage and a per diem for expenses during their service at West Point, made by sec. 1, act of June 11, 1878 (20 Stat. 110), and those provisions were superseded by the provisions, as to expenses of members of the board of act of May 28, 1908, amended by the above act.

2725. Payment of expenses of the Board of Visitors.—No compensation shall be made to the members of said board beyond the payment of their expenses for board and lodging while at the Academy, and an allowance, not exceeding eight cents a mile, for traveling by the shortest mail-route from their respective homes to the Academy, and thence to their homes. R. S. 1329.

2726. Duties of the Board of Visitors.-It shall be the duty of the board of visitors to inquire into the actual state of the discipline, instruction, police administration, fiscal affairs, and other concerns of the Academy. The visitors appointed by the President shall report thereon to the Secretary of War, for the information of Congress, at the commencement of the session next succeeding such examination, and the Senators and Representatives designated as visitors shall report to Congress, within twenty days after the meeting of the session next succeeding the time of their appointment, their action as such visitors, with their views and recommendations concerning the Academy. R. S. 1328.

The words of this section, " appointed by the President,” were superseded by 2724, aple. CHAPTER 41.


Discrimination against persons wearing

uniforms, 2727.
l'ulawful wearing of national uniform, 2728.
National uniform wora by former officers :

Veterans of wars, 2729.
Regular officers in the Civil War, 2730.
Volunteer oficers in the Civil War, 2731.
Veterans of the Spanish War, etc., 2732.

Organizations and persons permitted to

wear uniforms, 2733. Distinctive mark, 2734. Insignia of rank of Army officers not to

be copied, 2735. Unauthorized wearing of official uniform

of a friendly nation, 2736.

2727. Discrimination against persons wearing uniforms. That hereafter no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, the District of Alaska or Insular possession of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uni. form of the Army, Navy, Revenue-Cutter Service or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. Act of Mar. 1, 1911 (36 Stat. 963).

2728. Unlawful wearing of the national uniform. It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Nary, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Nary, or Marine Corps :

Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 125, act of June 3, 1916 (39 Stat. 216–217).

That section 125 of the Act entitled “An Act for making further and more effectual provisions for the national defense, and for other purposes," approved June 3, 1916, shall hereafter be in full force and effect as originally enacted, notwithstanding anything contained in the Act entitled “An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment and to wear the same under certain conditions," approved February 28, 1918: Provided, That the words " or the Secretary of the Navy” shall be inserted immediately after the words “the Secretary of War” wherever those words appear in section 125 of the Act approved June 3, 1916, hereinbefore referred to. Sec. 8, act of June 4, 1920 (41 Stat. 36).

For act of Feb. 28, 1919, apparently intended by “1918," above, see ante, 935. 2729. National uniform worn by former officers.

Provided, That the foregoing provision shall not be construed

nor to prevent persons who in time of war have served honorably as officers of the United States

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