gunnery1 and of practical engineering2 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. Sec. 1336, R. S.

experimental philosophy, mathematics, and chemistry was fixed at $2,000 per annum, and that of the professors of French and drawing at $1,500 per annum these sums to be " in lieu of pay proper, ordinary rations, forage, and servants." By section 2 of the act of February 16, 1857 (11 Stat. 161), the pay of professor of Spanish was fixed at $2,000 per annum, subject to the restrictions contained in the act of March 3, 1851. By section 13 of the act of July 15, 1870 (16 Stat. 319), professors whose service exceeded thirty-five years were to receive the pay and allowances of colonels; those whose service had been less than thirty-five years, but exceeded twenty-five years, were to receive the pay and allowances of lieutenant colonels, and all other professors were to receive the pay and emoluments of major. By the act of February 28, 1873 (17 Stat. 479), professors whose service exceeded ten years were to receive the pay and emoluments of colonels, and all other professors the pay, etc., of lieutenant colonels. This statute was amended by section 4 of the act of June 23, 1874 (21 Stat. 34), so as to require ten years' service as a professor at the Military Academy as a condition precedent to receiving the pay and allowances of colonel.

By the act of August 9, 1912 (37 Stat. 264), it is provided "That any officer of the United States Army now holding the position of permanent professor at the United States Military Academy who on July first, nineteen hundred and fourteen, should have served not less than thirty-three years in the Army. one-third of which service shall have been as professor and instructor at the Military Academy, shall on that date have the rank, pay, and allowances of a colonel in the Army."

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 uniform of the rank as of which they are paid does not invest them with such rank. This can be given them by Congress alone. (Dig. Opin. J. A. G., McClure, 2066, 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. (Id., 1812.)

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 lieutenant colonel 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. (XVII Opin. Att. Gen., 359.)

1

The office of instructor of ordnance and gunnery was established by the Secretary of War, on the recommendation of the academic board, on December 31, 1856; the duties of the former instructor of artillery, which were not connected with instruction in the drill regulations of the arm, being transferred to the office thus established. By the act of June 12, 1858 (11 Stat. 333), the duty of instruction in the drill regulations was vested in the commandant of cadets and the assistant instructors authorized by that enactment. An officer of ordnance was assigned to duty as instructor of ordnance and gunnery by Special Orders, No. 31, H. Q. U. S. Military Academy on February 27, 1857. (See par. 1106, ante.)

The office of instructor of practical military engineering was established by section 2 of the act of July 20, 1840 (5 Stat. 397); upon the recommendation of the Chief of Engineers, dated April 24, 1844, an officer of engineers was appointed to the office.

1126. Professors and associate professors, rank. - The professors and the associate professor of the United States Military Academy shall have the actual rank in the United States Army now assigned to them by assimilation in the regulations of the Military Academy prescribed by the President of the United States, and that they shall exercise command only in the academic department of the United States Military Academy. Act of June 28, 1902 (32 Stat. 409).

1127. Assistant professors, pay and allowances. Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a captain. Sec. 1337, R. S.

1128. Assistant instructors of tactics, pay and allowances. The assistant instructors of tactics commanding cadet companies at West Point shall receive the pay and allowances as assistant professors in the other branches of study. Act of Mar. 3, 1875 (18 Stat. 467).

1129. Professors, retirement. - The professors of the Military Academy at West Point are placed on the same footing, as to retirement from active service, as officers of the Army. Sec. 1333, R. S.

1130. Restriction on detail of graduates as professors and instructors.-Hereafter no graduate of the Military Academy shall be assigned or detailed to serve at said Academy as a professor, instructor, or assistant to either, within two years after his graduation, and so much of the act of June thirtieth, eighteen hundred and eightytwo, as requires a longer service than two years for said assignments or details is hereby repealed. Act of July 26, 1894 (28 Stat. 151).

1131. Master of the sword, rank and pay. The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a first lieutenant, mounted: Provided, however, That whenever a vacancy shall occur in the office of master of the sword and instructor of military gymnastics and physical culture the said office shall cease and determine, and the duties thereunto pertaining shall thereafter be performed by an officer of the line of the Army to be selected for that purpose by the Secretary of War. Sec. 1338, R. S., as amended by Act of Mar. 2, 1901 (31 Stat. 914).

'Assistant professors at the Military Academy are entitled to the quarters of captains. IX 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 id., 627.)

*Section 2 of the act of July 20, 1840 (5 Stat. 398), contained the requirement that the pay and emoluments of instructors in cavalry, artillery, and infantry tactics should not be less than was allowed by law (captain mounted) to the assistant professor of mathematics. This statute was replaced by the act of June 12, 1858 (11 Stat. 333), which conferred the pay of captain mounted upon the senior assistant instructor in each of the arms of service.

3

The act of June 30, 1882 (22 Stat. 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 gradua

1132. Same. The master of the sword shall have the relative rank and shall be entitled to the pay, allowances and emoluments of a captain mounted. Act of Mar 3, 1905 (33 Stat. 850).

1133. Chaplain, appointment and tenure. 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 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.1 Act of Feb. 18, 1896 (29 Stat. 8).

1134. Librarian, assistant librarian. -The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay. Sec. 1340, R. S.

1135. Adjutant. -The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment. Sec. 1335, R. S.

1136. Quartermaster and commissary of cadets. - The Secretary of War is hereby directed to detail a competent officer to act as quartermaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadets, and all 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. Act of Aug. 7, 1876 (19 Stat. 126).

1

The office of chaplain was established by the act of April 4, 1818 (3 Stat. 426), which authorized the appointment of a chaplain at the Military Academy, who shall also be professor of geography, history, and ethics. By the act of February 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.

*The annual acts of appropriation from that of February 18, 1871 (16 Stat. 414), to that of July 26, 1894 (28 Stat. 156), contained a provision authorizing the payment of $1,000 per annum for compensation of the librarian's assistant. In the acts of February 12, 1895 (28 Stat. 631), and March 6, 1896 (29 Stat. 49), the compensation of the librarian's assistant was fixed at $1,200 per

annum.

Salary of librarian increased by act of March 3, 1905 (33 Stat. 854), from $2,500 to $3,000 and carried at the latter rate in the annual appropriation acts since that year. As the annual appropriation acts carry only $3,000 for the librarian, section 1340, R. S., is virtually repealed.

The employment of the services of civilian instructors, clerks, and other civilian employees is regulated by the annual acts of appropriation.

Beginning with the act of March 4, 1909 (35 Stat. 1028), the annual appropriation acts have contained the following provision relative to the pay of the adjutant of the Military Academy: "For pay of one adjutant, who shall not be above the rank of captain, six hundred dollars."

The annual appropriation acts from that of March 31, 1884 (23 Stat. 7), to that of March 2, 1907 (34 Stat. 1063), 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. In the act of May 28, 1908 (35 Stat. 431), this was changed to $600, "in addition to pay as captain," and has been so continued since. The act of June 30, 1892 (22 Stat. 123), authorizes the Secretary of War to detail a commissary sergeant to act as assistant to the commissary of cadets.

1137. Constructing quartermaster. For pay of one constructing quartermaster, in addition to his regular pay, one thousand dollars: 1 Provided, That so much of the Act approved March third, nineteen hundred and eleven, making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and twelve, as provided that the increase of salary of the constructing quartermaster should only apply during the term the office was held by the then incumbent is hereby repealed, and the additional pay thus provided is available for the present incumbent from the date he entered upon his duties. Act of Aug. 9, 1912 (37 Stat. 252).

1138. Leaves of absence of officers, professors, etc. - Leave of absence may be granted by the Superintendent, under regulations prescribed by the Secretary of War, to the professors, assistant professors, instructors, and other officers of the Academy, for the entire period of the suspension of the ordinary academic studies, without deduction from pay or allowances. Sec. 1330, R. S.

THE CORPS OF CADETS.

1139. Number and appointment. The corps of cadets shall consist of one from each Congressional district, one from each Territory, one from the District of Columbia, two from each State at large, and thirty from the United States at large. They shall be appointed by the President, and shall, with the exception of the thirty cadets appointed from the United States at large, be actual residents of the Congressional or Territorial districts, or of the District of Columbia, or of the States, respectively, from which they purport to be appointed. Sec. 1315, R. S., as amended by Sec. 4, Act of June 6, 1900 (31 Stat. 656).

This additional pay was first appropriated in act of March 2, 1907 (34 Stat. 1064), and provision therefor has been made in each annual appropriation since. The proviso "that this increased salary shall only apply during the time this office is held by the present incumbent," which is repealed by the act of August 9, 1912, supra, first occurs in the act of March 4, 1909 (35 Stat. 1028). The appropriation is repeated without any limitation in the act of March 4, 1913 (37 Stat. 857).

*The first authorization of the employment of cadets in the military service will be found in the act of May 9, 1794 (1 Stat. 366), for raising a corps of artillerists and engineers; the new organization was to be formed by the consolidation of the existing corps of artillery with the additional force therein authorized, and was to consist of four companies, to each of which two cadets were to be attached, with the pay, rations, and clothing of sergeants of artillery. An additional regiment of artillerists and engineers was established by the act of April 27, 1798 (id., 552), with the same organization as the regiment already in service; by section 3 of the act of March 3, 1799 (id., 750), the pay of cadets was fixed at ten dollars per month with two rations per day or their equivalent in money; by this enactment ten cadets were allowed for each regiment of cavalry and infantry and thirty-two for each regiment of artillery.

The act to fix the military peace establishment,approved on March 16, 1802 (2 id., 132), provided for one regiment of artillerists and engineers; it was to consist of twenty companies, to each of which two cadets were attached. By

1140. Number at large. The number of cadets authorized to be

appointed by the President from the United States at large shall not at any one time exceed forty. Act of June 28, 1902 (32 Stat. 410).

1141. Increase in corps.-Hereafter, for six years from July first, anno Domini, nineteen hundred and ten, whenever any cadet shall have finished three years of his course at the United States Military Academy, his successor may be admitted to the Academy; and the corps of cadets is hereby increased to meet this provision. Act of Apr. 19, 1910 (36 Stat. 323).

1142. Appointee from Porto Rico. In addition to the Corps of Cadets now authorized by law, there shall be one from Porto Rico, who shall be a native of said island, to be appointed by the President of the United States. Act of Mar. 3, 1903 (32 Stat. 1011).

1143. Appointees from the Philippine Islands. - 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

section 26 of this enactment authority was conferred upon the President to establish a corps of engineers, to which ten cadets were to be attached, and the monthly pay of the cadets was fixed at sixteen dollars and one ration per day; by section 27, the corps of engineers, when organized, was to be stationed at West Point and was to constitute the Military Academy. The acts of April 12, 1808 (2 id., 481), and June 11, 1812 (id., 671), authorized additions to the military establishment; by the former, 156 cadets were provided for, and by the latter, 64; in neither case, however, was the authorized establishment completed, nor does any considerable number of cadets seem to have been attached to the Military Academy, as is indicated by a report of the superintendent of January 5, 1810, at which date forty-seven cadets were undergoing instruction at the academy. An act making further provision for the Corps of Engineers, approved April 29, 1812 (id. 720), fixed the number of cadets in all arms of the service at 250, and authorized the President, in his discretion, to attach them, as students, to the Military Academy. The present apportionment by representative districts was established by section 2 of the act of March 1, 1843 (5 id., 604), which required cadets to be selected from the Congressional districts of the States or Territories from which the appointments purported to have been made. By this enactment authority was conferred upon the President to appoint ten cadets at large without being restricted to selection from Congressional districts. The act of March 3, 1875 (18 id., 467), authorized the President "to fill any vacancy occurring at said academy by reason of death or other cause of any person appointed by him;" but this clause was expressly repealed by section 4 of the act of June 11, 1878 (20 id., 111), which restricted the number of appointments at large to ten in all. The act of March 1, 1843, and section 10 of the act of March 2, 1899 (30 Stat. 979), which authorized the appointment of twenty cadets at large, were replaced by section 4 of the act of June 6, 1900 (31 id., 656), which fixed the number of cadets at one from each Congressional district, one from the District of Columbia, two from each State at large, and thirty from the United States at large.