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Aca de mic course.

See note 9.

and note under sec. 1483.

446.

See title

SEC, 1520. The academic course of naval cadets shall be
Mar. 3, 1873, s. six years.
1, v. 17, p. 555;
Aug. 5, 1882, 22
Stat. L., p. 285.

See note 8.
Promotion to SEC. 1521. When cadet midshipmen shall have passed
midshipmen.

July 15, 1870, successfully the graduating examination at the Academy,
8. 12, v. 16. p. 334. they shall receive appointments as midshipmen and shall
Seo sec. 1512, take rank according to their proficiency as shown by the

order of their merit at date of graduation. June 26, 1884. That from and after the passage of this act all graduates 23 Stat. L., 60. of the Naval Academy who are assigned to the line of the Supp. R. S., p. Navy, on the successful completion of the six years course, Graduates of shall be commissioned ensigns in the Navy. Naval Academy to be ensigns.

R. S., secs. 1362, 1521. Rank and Precedence, sec. 1466. Ang. 5, 1882, ch, 391, pars. 1, 2; Mar. 2. 1889, ch. 396, and note.

Grade of jun. That the grade of junior ensign in the Navy is hereby jor ensigus abolished. abolished and the junior ensigns now on the list shall be Mar. 3, 1883, ch

commissioned ensigns in the Navy: Provided, That nothing 97, par. 2, p.401.

in this act shall be so construed as to increase the number

of officers in the Navy now allowed by law. Repeal. That all acts and parts of acts inconsistent with the pro

visions of this act be and the same are hereby repealed. July 26, 1894. Provided further, That in order to fill vacancies that may Vacancies, en

exist in the grade of ensign in the Navy and in the grade of sign and assist: assistant engineer in the Navy, the Secretary of the Navy grades, how shall, in case the nunber of vacanciesin either of such grades filled.

exceeds the number of naval cadets in the line division or
in the engineer division of the class of naval cadets finally
graduated in the year eighteen hundred and ninety-four, or
in any one year thereafter, select a number equal to such
excess from the final graduates of said class in the engi-
neer division or in the line division, as the case may require,
who shall be reported as proficient and be recommended
thereto by the Academic Board, and such final graduates
shall be appointed to fill vacancies in the grade of ensign
in the Navy or in the grade of assistant engineer in the

Navy, respectively,
How appointees and the naval cadets so appointed to fill vacancies in such
to rank

grades shall take rank in those respective grades next after
the naval cadets appointed from the line division or from
the engineer division, as the case may be, to fill vacancies
in those grades, but among themselves according to merit
as determined by the Academic Board.

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Note 8.- Under the act of July 4, 1864, s. 5, v. 13, p. 393, the academic course of cadet engineers was two years, and by the act of 3 Mar., 1873, s. 1, v. 17, p. 555 the course of instruction was made four years, including "two years of service in naval stramers, in addition to the period at the Naval Academy now provided by law."

An act approved Feb. 24, 1874, s. 2, v. 18, p. 17, provided that after the 30th of June, 1874, the course of instruction at the Naval Academy for cadet engineers should be four years, instead of two, the provision to first apply to the class or eadet engineers entering the Academy in the year 1874, and to all subsequent classes.

Note 9. ---This section has been entirely altered by the act of August 5, 1882, as given in section 1512 above, and the act of Mar. 3, 1883, under Line officers," changing the title of midshipman to that of ensign.

Constructory

.

See note 10.

1522

may be volunta

Mar. 2, 1889, ch.

696

SEC. 1522. The Secretary of the Navy is authorized to

and steam engi. make provision, by regulations issued by him, for educat- neers. ing at the Naval Academy, as naval constructors or steam 1, v. 13, p. 393.

July 4, 1864, s. engineers, such midshipmen and others as may show a peculiar aptitude therefor. He may, for this purpose, form. Na val con a separate class at the Academy, to be styled cadet engi- structors," see. neers, or otherwise afford to such persons all proper facil. ities for such a scientific mechanical education as will fit them for said professions.

That any cadet whose position in his class entitles bim Aug. 6, 1882. to be retained in the service may, upon his own application, When cadets be honorably discharged at the end of four years' course at

rily discharged, the Naval Academy, with a proper certificate of gradu- with certificato

of graduation. ation.

That the Secretary of the Navy may prescribe a special of study may be course of study and training at home or abroad for any prescribed. naval cadet. That so much of the act entitled “An act to authorize

396, 8. 3. Supp. the Secretary of the Navy to provide for the education of R. S. 1874–1891, p. naval constructors and steam-engineers, and for other pur. Cadet-engi. poses, approved July fourth, eighteen hundred and sixty- neers, not to be four," as provides that cadet-engineers, not to exceed fifty K.S., s. 1523.

appointed. in number, shall be appointed by the Secretary of the Navy, 1874. Feb. 24, is hereby repealed.

1882, Aug.5, ch.

391, par. 1, p. 376. And every naval cadet or cadet engineer who has here. Mar. 3, 1893. tofore graduated or may hereafter graduate from the Naval 27 Stat. Academy, and who has been or may hereafter be commis- 1894 3.38..

1892-1895, p. 130 sioned, within six months after such graduation, an officer Naval Acad. in the Navy or Marine Corps of the United States, under emy graduates if the laws appointing such graduate to the Navy or Marine six months to be Corps, shall be allowed the pay of the grade in which he paid from date of may be so commissioned from the date he takes rank as stated in his commission to the date of qualification and Aug. 5, 1882, ch. acceptance of his commission:

Supp. R. S., 376).

June 26, 1884, ch. 122 (1 Supp. Mar. 2, 1889, ch. 396 (1 Supp. R.

S., 696). SEC, 1526. The Secretary of the Navy shall arrange the Title 15, chap. 4. course of studies and the order of recitations at the Naval Studies not to

be pursued on Academy so that the students in said institution shall not

Sunday, be required to pursue their studies on Sunday.

July 15, 1870,9.

21, v. 16, p. 319. SEC. 1527. The store-keeper at the Naval Academy shall the Academy

Store-keeper at be detailed from the Paymaster's Corps, and shall have Mar, 2, 1867, 8:

4, 14, ; authority, with the approval of the Secretary of the Navy, Aug. 5, 1862 to procure clothing and other necessaries for the naval

See note 11.

715.

in

rank

R.S., secs. 1521, 1522.

391, pars. 1, 2 (1

R. S., 446).

See note 12.

Note 10.--While so much of this section as authorized the formation of a class to be styled cadet engineers is in effect repealed by the act of Aug. 5, 1882, sec. 1512, there still seems to be authority left to educate at the Academy persons for constructors at least.

Note 11.-The provisions of 1864, ch. 252, herein referred to, are incorporated into Revised Statutes, sec. 1527.

Note 12.-A similar provision relative to graduates of the Military Acader y is made by 1886, Dec. 20, ch. 2 (1 Supp. R. S.,517). The laws relating to the commission of naval cadets are referred to in the margin. The laws relating to the Naval Acad. enny are reviewed in a note to 1889, Mar. 2, ch. 396 (1 Supp. R. S., 696).

Professors

of

P. 586.

cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulations as may be prescribed by the Secretary of the Navy.

SEC. 1528. Three professors of mathematics shall be ethics, Spanish, and drawing assigned to duty at the Naval Academy, one as professor

May 21, 1864, s. of ethics and English studies, one as professor of the Span3, v. 13, p. 85. See note 13. ish language, and one as professor of drawing.

See also noto same section, ti. tle Professors of Mathematics. Title 15, chap. 8. SEC. 1556.

Cadet midshipmen, five hundred Pay, of cadet dollars. During such period of their course of instruction as midshipmen.

July 15, 1870, s. they shall be at sea in other than practice-ships, not exceeding 3;. v. 16, 7: 330: nine hundred and fifty dollars.

3, 1877, v. 19, p. 390; July 16, 1862, s. 15, v. 12, Aug. 5, 1882.

That the pay of naval cadets shall be that now allowed Pay of naval by law to cadet midshipmen. cadets.

Aug. 5, 1882. Title 15, chap. 8. SEC. 1577. Midshipmen and naval cadets in the Navy

Rations. shall be entitled to one ration, or to commutation therefor. July 28, 1866, s. 8, v. 14, p. 322; Feb. 28, 1867, s. 2, v. 14, p. 416; Aug. 5, 1882, P. E., p. 285. See note 15. June 23, 1874.

In all cases when it shall come to the knowledge of the Hazing at Na superintendent of the Naval Academy, at Annapolis, that val Academy.

any naval cadet has been guilty of the offense commonly

known as hazing, it shall be the duty of said superintendOffenders to be ent to order a court-martial, composed of not less than three

commissioned officers, who shall minutely examine into all

the facts and circumstances of the case and make a finding Cadet found thereon; and any naval cadet found guilty of said offense guilty to be dis

by said court shall, upon recommendation of said court be To be forever dismissed; and such finding, when approved by said superineligible to reappointment. intendent, shall be final; and the cadet so dismissed from

June 23, 1874, said Naval Academy shall be forever ineligible to reappoint18, p. 203; Aug. 5,

See note 14.

court-martialed.

missed.

ment to said Naval Academy.

1882, s. 1.

See note 16.

Note 13.-The three professors of mathematics for duty at the Naval Academy (ethics and English, Spanish, and drawing) should be commissioned as professors of mathematics, under this section, after passing the examination required by act of January 21, 1881. (Op. May 18, 1881, McVeagh.)

Note 14.-Cadet engineers who complete the six years' course, pass successfully, and are subsequently commissioned assistant engineers, to fill vacancies, aro entitled to the pay of the latter grade from the date they take rank therein, when subsequent to the vacancies they are appointed to fill. The words "any officer of the Navy," act June 22, 1874, chap. 392, sec. 1, comprehend cadet engineers. They are officers within the meaning of sections 1557 and 1558, and of a class subject to examination, sec. 1502.

The signification of the word "officer," art. 36, soc. 1624, as given in Op., XV, p. 635, bas reference to the sense in which that word is used in said article, between which and the statutory provisions herein cited there is no connection. (Op. A pr. 10, 1882, Brewster.)

Note 15.--Although the title of midshipman has been abolished or merged in that of ensign, constituting a junior graile thereof, the latter continue entitled to a ration.

Note 16.--Finding approved by the superintendent final. Secretary of the Navy no power to review it-he can only proceed to execute the sentence. (Taft, Beale's Case, Nov. 20, 1876 (not printed).) Designed to cut off a cadet found guilty of the offense, and sentence approved by superintendent, from all chance of reinstatement or reappointment. Must seek relief from Congress. Advises against pardon. (Op., XV, Mar, 15, 1876, p. 80.)

When found guilty of hazing, the court must recommend dismissal, instead of Mar. 3, 1871, s. title of Chief Constructor.

Courts martial for cadets.

That the Secretary of the Navy shall have power to con- Mar. 2, 1895.

2 vene general courts-martial for the trial of naval cadets, 28 Stat. L., 825. subject to the same limitations and conditions now existing as to other general courts-martial, and to approve the pro- R. S. soc. 1624,

arts, 36, 53. ceedings and execute the sentences of such courts, except the sentences of suspension and dismissal, which, after having been approved by the superintendent, shall not be carried into effect until confirmed by the President:

There shall be appointed every year, in the following Feb. 14, 1879. manner, a Board of Visitors, to attend the annual exami- V. 20, Stat. L., nation of the Academy: Seven persons shall be appointed p. 284. by the President, and two Senators and three Members of itors. the House of Representatives shall be designated as visitors by the Vice-President or President pro tempore of the Senate and the Speaker of the House of Representatives, respectively, at the session of Congress next preceding such examination. Each member of said board shall receive not exceeding eight cents per mile traveled by the most direct route from his residence to Annapolis, and eight cents per mile for each mile from said place to his residence on returning

Board of Vio

NAVAL CONSTRUCTORS.

Sec.
425. Chief of Burean.
1402. Number and appointment.
1404. Duty.
1471. Chief Constructor.

Soc.
1477. Rank
1481. Rank on retirement.
1522. Education of, at Academy.
1556. Pay.

Title 10.

beau

ap

SEC. 425. The Chief of the Bureau of Construcvion and Repair shall be appointed from the list of officers of the Chief of Bu. Navy, not below the grade of commander, and shall be a July 5, 1862, s. skillful naval constructor.

1, v. 12, p. 510.

See sec. 1471. Seo sec. 1481 as to the rank ofronstructors when retired from age or length of ser

vice. SEC. 1402. The President, by and with the advice and Title 15, chap. 1. consent of the Senate, may appoint naval constructors, who Number, shall have rank and pay as officers of the Navy.

pointmentof,etc.

July 25, 1866, s. 7, v. 14, p. 223; Mar. 3, 1871, $ 9, v. 16, p. 536.

See notes under sec. 1378, Pay

Corps. SEC. 1404. Naval constructors may be required to perform Duty,

Mar. 3, 1845, 8. duty at any navy-yard o other station.

2, v.5, p. 794. Sec. 1471. The Chief f the Bureau of *

Con. Title 15, chap. 4. struction and Repair shi ! have the relative rank com- Chief Constructmodore while holding said position, and shall have the or,

12, v. 16, p. 537.

or.

sentencing to be dismissed. (Cases of Garrett and others, sentences set aside by Secretary of the Navy, June 9, 1877, O. L. B., p. 8.)

Art. 36, sec. 1624, does not extend to cadets at the Naval Academy. They may be disinissed for misconduct without trial by court-inartial. For hazing they must be tried. (Op., XV, p. 634, July 10, 1877.)

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Rank on retire. ment.

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Mar. 3, 1893. And any Naval Constructor having the rank of Captain, 27 Stat. L., 715. Commander or Lieutenant Commander shall be eligible as Supp S.,

Chief of the Bureau of Construction and Repair. 1892-1895, p. 130. Naval Construct. ors eligible as Chief of Bureau of Construction and Repair. R. S., secg. 419-421, 423, 1471-1473. Rank.

SEC. 1477. Of the naval constructors, two shall have the 3, 1871, . 9, v.16, p. 536. See relative rank of captain, three of commander, and all others same sec., Rank that of lieutenant-commander or lieutenant. SEC. 1481. *

Constructors who shall have served Mar. 3, 1871, s. faithfully for forty-five years, shall, when retired, have the 11, v. 16, p. 537. relative rank of commodore; and

who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the

relative rank of commodore.
Title 15, chap. 5. SEC. 1522. The Secretary of the Navy is anthorized to

Education at make provision, by regulations issued by him, for educating
Naval Acaden at the Naval Academy, as naval constructors

July 8,
1, v. 13, p. 393; such naval cadets and others as may show a peculiar apti-
Aug 5, 1882. See
Title "Naval

tude therefor. He may, for this purpose, form a separate Academy, soc. class at the academy,

or otherwise afford to such persons all proper facilities for such a scientific mechanical

education as will fit them for said profession. Title 16, chap. 8. SEC. 1556. * * Naval constructors, during the first

five years after date of appointment, when on duty, three July 15,1870, s. thousand two hundred dollars; on leave, or waiting orders, 3, v, 16, p. 331.

two thousand two hundred dollars; during the second five
years after such date, when on duty, three thousand four
hundred dollars; on leave, or waiting orders, two thousand
four hundred dollars; during the third five years after such
date, when on duty, three thousand seven hundred dollars;
on leave, or waiting orders, two thousand seven hundred
dollars; during the fourth five years after such date, when
on duty, four thousand dollars; on leave, or waiting orders,
three thousand dollars; after twenty years from such date,
when on duty, four thousand two hundred dollars; on
leave, or waiting orders, three thousand two hundred
dollars.

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1522.

Pay.

.

1

ASSISTANT NAVAL CONSTRUCTORS.

constructors.

Sec.

Sec. 1403. Appointment of.

1556. Pay 1477. Rank. Title 15, chap. t.

SEC. 1403. Cadet-engineers who are graduated with Assistant naval

credit in the scientific and mechanical class of the Naval July 4,1864, 9. Academy may, upon the recommendation of the academic 2, v.13, p. 393. See sec. 15-2, Naval board, be immediately appointed as assistant naval conConstructors. structors. SEC. 1477.

Assistant naval constructors shall 9, v.16, p. 536. See have the relative rank of lieutenant or master. and Precedence. Lieutenant of the junior grade.

Rank.
Mar. 3, 1871, 8.

same sec., Rank

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