1081. Officers, professors, and in- 1103. Cadets at large. structors. 1082. Assignment of law professor. 1083. Professor of modern lan guages. 1104. Appointment in advance. 1105. Age of appointees. 1106. Examination and qualifications. 1081. Associate professor of math- 1107. Oath. ematics. 1108. Engagement for service. 1085. Chaplain of the Military 1109. Pay of cadets. 1097. Pay of assistant instructors 1123. Leaves of absence. of tactics. 1098. Quartermaster and commis-, 1124. Congressional documents to library. sary of cadets; supplies at 1125. Government publications. cost. 1099. Adjutant, pay of. 1100. Librarian and assistant. 1101. Master of sword. 1102. Cadets, number and ap pointment of. 1126. Purchases for library. 1128. Contingencies of superin- | 1129. Contingent fund. Officers, professors, and in Mar. 16, 1802, c. Apr. 29, 1812, c. c. 162, s. 19, v. 5, p. 259; Aug. 8, 1846, c. 96, s. 3, v. 9, p. 1081. The United States Military Academy at West structors. Point, in the State of New York, shall be constituted as 9, s. 28. v. 2. p. 137: follows: There shall be one superintendent; one comman72. 8. 2, v. 2. p. dant of cadets; one senior instructor in the tactics of artil720; Apr.14, 1818, c. 61, s. 2, v. 3. p. lery; one senior instructor in the tactics of cavalry; one 426: July 20, 1840, . 50, 8. 3. v. 5. p. senior instructor in the tactics of infantry; one professor 398, July 5, 1838, and one assistant professor of civil and military engineering; one professor and one assistant professor of natural c. 81, v. 10, p 29 and experimental philosophy; one professor and one assistFeb. 16, 1857, Cant professor of mathematics; one professor and one Mar. 3, 1851, c. 22. assistant professor of chemistry, mineralogy, and geology; 28, 1867, c. 100, s. one professor and one assistant professor of drawing; one Feb. 16, 1857, c. professor of modern languages; one assistant professor of June 12, 1858, c. the French language; one assistant professor of the Spanish 333; sec. 4, June language; one assistant professor of law; one adjutant; 34, Jan. 16, 1895, one master of the sword; and one teacher of music. 45, v. 11. p. 161: v. 9, p. 594; Feb. 3, v. 14, p. 416; 45, v. 11, p. 161; 156, s. 1, v. 11. p. 23, 1879, v. 21. p. v. 28, p. 630; Feb. 18, 1896, v. 29, p. 8. Sec. 1309, R. S. Assignment of law professor. 18, p. 60; June 1, 1082. That the Secretary of War may assign one of the June 6, 1874, v. judge-advocates of the Army to be professor of law. Act 1880, v. 21, p. 153. of June 6, 1871 (18 Stat. L., 60). Provided, That the Secretary of War may, in his discretion, assign any officer of the Army as professor of law. Act of June 1, 1880 (21 Stat. L., 153). Professor of modern languages. Sec. 4, June 23, 1083. That when a vacancy occurs in the office of professor of the French language or in the office of professor 1879, v. 21, p. 34. of the Spanish language in the Military Academy, both these offices shall cease, and the remaining one of the two professors shall be professor of modern languages; and thereafter there shall be in the Military Academy one, and only one, professor of modern languages. Act of June 23, 1879 (21 Stat. L., 31). 1084. There shall be appointed at the Military Academy from the Army, in addition to the professors authorized by the existing laws, an associate professor of mathematics, who shall receive the pay and allowances of a captain mounted, and when his service as associate professor of mathematics The acts of June 27, 1881 (21 Stat. L., 319), and June 30, 1882 (22 Stat. L., 125), contain a similar provision. 2 The vacancy contemplated in this enactment occurred on June 30, 1882, upon the retirement of the professor of Spanish. The statute then became operative, and the professorships of the French and Spanish languages were merged in that of modern languages. at the Academy exceeds ten years, he shall receive the pay and allowances of major; and hereafter there shall be allowed and paid to the said associate professor of mathematics ten per centum of his current yearly pay for each and every term of five years' service in the Army and at the Academy: Provided, That such addition shall in no case exceed forty per centum of said yearly pay; and said associate professor of mathematics is hereby placed upon the same footing as regards restrictions upon pay and retirement from active service as officers of the Army. Act of March 1, 1893 (27 Stat. L., 515). Military Acad. Feb. 18, 1896; 1085. That the duties of chaplain at the Military Acad- Chaplain of the emy shall hereafter be performed by a clergyman to be emy appointed by the President for a term of four years, and v. 29, p. 8. the said chaplain shall be eligible for reappointment 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. L., 8). Act of February 18, 1896 (29 Stat. SUPERVISION. 1086. The supervision and charge of the Academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that duty.' THE ACADEMIC STAFF. Supervision of Academy. Sec. 1331, R. S. of officers and Feb. 28, 1803, c. June 12, 1858, e. 1087. The superintendent, the commandant of cadets, and Appointment the professors shall be appointed by the President. The professors. assistant professors, acting assistant professors, and the ad- 13, s. 2, v. 2, p. 206; jutant shall be officers of the Army, detailed and assigned 156, s. 1. v. 11, p. to such duties by the Secretary of War, or cadets assigned by the superintendent, under the direction of the Secretary c. 176, s. G, v. 14, p. of War. 333: Apr. 29, 1812, c. 72, s. 2, v. 2, p. 720; July 13, 1866, e. 92. Sec. 1313, R. S. cers. 176, s. 6, v. 14, p. 1088. The superintendent and commandant of cadets Selection of offimay be selected, and all other officers on duty at the Acad-July 13, 1866, c. emy may be detailed from any arm of the service; but the 92. Sec. 1314, R. S. academic staff as such shall not be entitled to any command in the Army separate from the Academy. be assigned to emy within two nation. 1089. Hereafter no graduate of the Military Academy No graduate to shall be assigned or detailed to serve at said Academy as duty at the Acad a professor, instructor, or assistant to either, within two years after grad years after his graduation, and so much of the act of June July 26, 1895, v. 28, p. 151. thirtieth, eighteen hundred and eighty-two, as requires a longer service than two years for said assignments or The Military Academy is withdrawn from the control and supervision of department commanders by the terms of paragraph 190, Army Regulations of 1895. Local rank of superintendent details is hereby repealed.' Act of July 26, 1894 (28 Stat. L., 151). 1090. The superintendent and the commandant of cadets, and commandant. While serving as such, shall have, respectively, the local June 12, 1858, c. rank of colonel and lieutenant-colonel of engineers. 156. s. 1. v. 11. p. 333. Sec. 1310, R. S. Superintend ent's command. 9, s. 28, v, 2, p. 137; 1091. The superintendent, and, in his absence, the next Mar. 16, 1802, e in rank, shall have the immediate government and military Aug. 23, 1842. c. command of the Academy, and shall be commandant of the military post of West Point. 186, s. 6, v. 5, p. 513. Sec. 3111, R. S. cadets. Commandant of 1092. The commandant of the cadets shall have the imJune 12, 1858, c. mediate command of the battalion of cadets, and shall be instructor in the tactics of artillery, cavalry, and infantry, 156, s. 1, v. 11, p. 333 Sec. 1312, R. S. Superintendent and commandant, pay of. 1093. The superintendent of the Military Academy shall have the pay of a colonel, and the commandant of cadets June 12, 1858, c. shall have the pay of a lieutenant-colonel. 157, s. 1. v. 11. p. 333. Sec. 1334, R. S. Pay of profes sors. 1094. Each of the professors of the military Academy Feb. 28. 1873, c. whose service as professor at the Academy exceeds ten Sec. 4, June 23, years shall have the pay and allowances of colonel, and Sec. 1336, R. S. all other professors shall have the pay and allowances of 210, v. 17, p. 479. 1879, v. 21. p. 34. lieutenant-colonels; and the instructors of ordnance and science of gunnery and of practical engineering shall have the pay and allowances of major; and hereafter there shall be allowed and paid to the said professors ten per centum of their current yearly pay for each and every term of five years' service in the Army and at the Academy: Provided, That such addition shall in no case exceed forty per centum of said yearly pay; and said professors are hereby placed upon the same footing, as regards restrictions upon pay and retirement from active service, as officers of the Army. The act of June 30, 1882 (22 Stat. L.. 123), contained the requirement that no graduate of the Military Academy should be assigned or detailed to serve as a professor, instructor, or assistant to either, within four years after his graduation. 2 Section 1336, Revised Statutes, provides that "each of the professors of the Military Academy whose service at the Academy exceeds ten years shall have the pay and allowances of colonel." Section 4 of the Army appropriation act of June 23, 1879, amends this section by inserting, after the word "service. the words as professor Held that professors who at the passage of the last statute were being paid as colonels because of having served at the Academy ten years, but who had not yet served there as professors for that period, could not legally continue to be so paid, but were entitled to be paid as lieutenant-colonels only until they had completed the term of special service contemplated by the act of 1879. (Dig. J. A. Gen., p. 615. par. 1.) The professors of the Military Academy do not belong to the staff of the Army within the meaning of section 1205. Revised Statutes, since they have no military rank or grade. The fact that they are authorized by the President to wear the uni form of the rank as of which they are paid does not invest them with such rank. This can be given them by Congress alone. (Ibid., par. 2.) A captain of cavalry does not vacate his office as such by the acceptance of that of professor of the Military Academy, there being no incompatibility in the functions of the two offices. (Ibid., par. 3.) The professors of the Military Academy at West Point are commissioned officers of the Army, whose pay and allowances are assimilated to those of a lieutenantcolonel and a colonel; and in case of such disability as is described in section 4693, Revised Statutes, they are entitled to pensions at the same rate with officers of the rank of lieutenant-colonel. (17 Opin. Att. Gen., 359,) 1095. The professors of the Military Academy at West Retirement of Point are placed on the same footing, as to retirement from active service, as officers of the Army. professors. Sec. 1333, R. S. Assistant professors and in 1096. Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall structors. receive the pay of a captain.' Apr. 29, 1812, c. c. 72, s. 2 v. 2. p. 720; July 5, 1838, c. 162 s. 19, v. 5. p. 259, July 20, 1840, c. 50, s. 3, v. 5, p. 398; Aug. 6, 1852, c. 81, s. 2, v. 10, p. Mar. 3, 1875, v. 1097. That the assistant instructors of tactics commanding cadet companies at West Point shall receive the pay of tactics. and allowances as assistant professors in the other branches 18, p. 467. of study. Act of March 3, 1875 (18 Stat. L., 467.) and commissary cost. Aug. 7, 1876, v. 19, p. 126. 1098. That the Secretary of War be hereby directed to Quartermaster detail a competent officer to act as quartermaster and com- of cadets. missary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadets, and all Supplies at provisions for the mess, shall be made, and that all supplies of all kinds and description shall be furnished to the cadets at actual cost, without any commission or advance over said cost; and such officer so assigned shall perform all the duties of purveying and supervision for the mess, as now done by the purveyor, without other compensation.2 Act of August 7, 1876 (19 Stat. L., 126.) 1099. The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment. 1100. The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay.3 of. Adjutant, pay Mar 3, 1851. c. 32. s. 1, v. 9, p.594. Sec. 1835, R. S. Librarian and assistant. Apr. 23, 1856, e. 19, s. 2. v. 11. p. 5. Sec. 1340, R. S. sword 1101. The master of the sword at the Military Academy Master of shall receive pay at the rate of fifteen hundred dollars a year, with fuel and quarters. THE CORPS OF CADETS. Feb. 16, 1857. c. 45. s. 3, v. 11. p. 161. Sec. 1338, R. S. Cadets, number and appointment of 1102. The corps of cadets shall consist of one from each congressional district, one from each Territory, one from the District of Columbia, and ten from the United States 52.8 2.1.5. p. 606; Assistant professors at the Military Academy are entitled to the quarters of captains (9 Opin, Att. Gen., 284). The distinction contended for at the Military Academy between academic and military rank is not allowable in the choice of quarters. (5 Ibid., €27.) The annual appropriation acts, since that of March 31, 1884, have contained a provision for extra pay for the quartermaster and commissary of cadets at the rate of $700 per annum, in addition to his pay as a captain of infantry. The act of June 30, 1892 (22 Stat. L., 123), authorizes the Secretary of War to detail a commissary sergeant to act as assistant to the commissary of cadets. * The annual a ts of appropriation from that of February 18, 1871 (16 Stat. L., 414), to that of July 26. 1894 (28 Stat. L., 156), contained a provision anthorizing the payment of $1,000 per annum for compensation of the librarian's assistant. In the acts of February 12. 1895 (28 Stat. L., 631), and March 6, 1896 (29 Stat. L., 49), the compensation of the librarian's assistant was fixed at $1,200 per annum. Mar. 1. 1843, c. sec. 4. June 11, 1878, v 21. p. 108. Sec. 1315, R. S. |