9, s. 28, v. 2, p. 137; 156, s. 1, v. 11, p. c. 72, s. 2, v. 2, p, c. 61, s. 2, v. 3, p, c. 50, s. 3, v. 5, p. c. 162, s. 19, v. 5, p. c. 96, s. 3, v. 9, p. Mar. 16, 1802, c. follows: There shall be one superintendent; one commanJune 12, 1858, c; dant of cadets; one senior instructor in the tactics of artil333; Apr. 29, 1812. lery; one senior instructor in the tactics of cavalry; one 720: Apr. 14, 1818. senior instructor in the tactics of infantry; one professor 426: July 20, 1840. and one assistant professor of civil and military engineer398; July 5, 1838. ing; one professor and one assistant professor of natural 259; Aug. 8, 1816, and experimental philosophy; one professor and one as71: Aug. 6, 1852, sistant professor of mathamatics; one professor and one Feb. 16, 1857, c. assistant professor of chemistry, mineralogy, and geology;* one professor and one assistant professor of drawings;5 28, 1867, c.100, s. 3, one professor of modern languages; one assistant pro16, 1857, c. 45, v. fessor of the French language; one assistant professor of June 23, 1879, v. the Spanish language; one assistant professor of law; one 1895, v. 28, p. 650; adjutant; one master of the sword;' and one teacher of c. 81, v. 10, p. 29. 45, v. 11, p. 161; Mar. 3, 1851, c. 22, v. 9, p. 591; Feb. v. 14, p. 416; Feb. 11. p. 161; sec. 4, 21. p. 34: Jan. 16, Feb. 18, 1896, v.29, p. 8. law professor. music. 8 7 6 1459. 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, 1874 (18 Stat. L., 60). Provided, That the 18, p. 60: June 1, The office of professor of civil and military engineering was established by section 2 of the act of April 29, 1802 (2 Stat. L., 720). "The office of professor of natural and experimental philosophy was established by section 2 of the act of April 29, 1802 (2 Stat. L., 702). The office of professor of mathematics was established by section 2 of the act of April 29, 1802 (2 Stat. L., 702). The office of professor of chemistry, mineralogy, and geology was established by section 19 of the act of July 5, 1838 (5 Stat. L., 259). 5 The office of teacher of drawing, first created by Executive order, received statutory recognition in section 2 of the act of April 29, 1802 (2 Stat. L., 720). The office of professor of drawing was established by section 3 of the act of August 8, 1846 (9 Stat. L., 161). 6 The office of teacher of French, first established by Executive regulation, received statutory recognition in section 2 of the act of April 29, 1802 (2 Stat., L., 702). The office of professor of French was established by section 3 of the act of August 8, 1846 (9 Stat. L., 161). The act of June 20, 1879 (21 Stat. L., 34), contained the requirement that "when a vacancy occurs in the office of professor of the French language or in the office of professor 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." On June, 30, 1882, a vacancy having occurred in the office of professor of Spanish, the statute became operative and the offices of professor of French and professor of Spanish were merged, by operation of law, in the office of professor of modern languages. The office of professor of Spanish, created by section 2 of the act of February 15, 1857 (11 Stat. L., 161), ceased to exist, by operation of law, on June 30, 1882, having been merged in the office of professor of modern languages in conformity to section 4 of the act of June 20, 1879 (21 Stat. L., 34). For notes in respect to the establishment of the offices of instructor of ordnance and gunnery and practical military engineering, see notes 1 and 2 on page 548, post. The offices of assistant professor of civil and military engineering, natural and experimental philosophy, and mathematics were established by section 2 of the act of April 29, 1802 (2 Stat. L., 702); that of chemistry, mineralogy and geology by section 19 of the act of July 5, 1838 (5 Stat. L., 259); those of French and drawing by section 2 of the act of August 6, 1852 (10 Stat. L., 29); that of Spanish by section 3 of the act of February 28, 1857 (14 Stat. L., 416), and that of law by the act of January 5, 1895 (28 Stat. L., 630). For the status of this office see paragraph 1477, post. "For the status of this office see paragraph 1472, post. 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). fessor of mathe Pay and allow 1460. There shall be appointed at the Military Academy Associate profrom the Army, in addition to the professors authorized matics, by the existing laws, an associate professor of mathemat- ances. Longevity ics, who shall receive the pay and allowances of a captain pay Mar. 1, 1893, v. mounted, and when his service as associate professor of 27, p. 515. mathematics 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). emy. 1461. The duties of chaplain at the Military Academy Military Acad shall hereafter be performed by a clergyman to be ap-Feb. 18, 1896, pointed by the President for a term of four years, and the V.29, p. 8. 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.* Act of February 18, 1896 (29 Stat. L., 8). SUPERVISION. Academy. July 13, 1866, c. 1462. The supervision and charge of the Academy shall Supervision of be in the War Department, under such officer or officers, as the Secretary of War may assign to that duty." THE ACADEMIC STAFF. 176, s. 6, v. 14, p. 92. Sec. 1331, R.S. of officers and 1463. The superintendent, the commandant of cadets, and Appointment the professors shall be appointed by the President. The professors. 'The acts of June 27, 1881 (21 Stat. L., 319), and June 30, 1882 (22 Stat. L., 125), contain a similar provision. 2 The office of chaplain was established by the act of April 4, 1818 (3 Stat. L., 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. L., 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 Military Academy is withdrawn from the control and supervision of department commanders by the terms of paragraph 208, Army Regulations of 1901. *See, for status of these officers, paragraphs 1466, 1469, and 1471, post. H. Doc. 545- -35 13,s. 2, v. 2, p. 206; C. 156, s. 1, v. 11, p. Feb. 28, 1803, c. assistant professors, acting assistant professors, and the June 12, 1858, c. adjutant shall be officers of the Army, detailed and assigned 333; Apr. 29, 1812, to such duties by the Secretary of War, or cadets assigned 720: July 13, 1866, by the superintendent, under the direction of the Secretary of War. c. 72, s. 2, v. 2, p. c. 176, s. 6, v. 14, Sec. 1313, R. S. officers. July 13, 1866, c. 176, s. 6, v. 11, Sec. 1814, R. 92. p. S. No graduate to be assigned to emy within two uation. v. 28, p. 151. 1464. The superintendent and commandant of cadets may be selected, and all other officers on duty at the Academy may be detailed, from any arm of the service; but the academic staff as such shall not be entitled to any command in the Army separate from the Academy. 1465. Hereafter no graduate of the Military Academy duty at the Acad shall be assigned or detailed to serve at said Academy as years after grad- a professor, instructor, or assistant to either, within two July 26, 1894, years after his graduation, and so much of the act of June thirtieth, eighteen hundred and eighty-two, as requires a longer service than two years for said assignments or details is hereby repealed.' Act of July 26, 1894 (28 Stat. L., 151). Local rank of superintendent 1466. The superintendent and the commandant of cadets, and comman- while serving as such, shall have, respectively, the local June 12, 1858, e rank of colonel and lieutenant-colonel of engineers." dant. 156,s.1,v.11, p.333. Sec. 1310, K. S. Superintendent's command. 9, s. 28, v. 2, p. 137; 1467. The superintendent, and, in his absence, the next Mar. 16, 1802, c. in rank, shall have the immediate government and military Aug. 23, 1812, C. command of the Academy, and shall be commandant of the military post of West Point.3 186, s. v. 5, p. 513. Sec. 1311, R.S. 1 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 The office of superintendent was created by section 28 of the act of March 16, 1802, (2 Stat. L., 137), which contained the requirement that "the principal engineer and, in his absence, the next in rank, shall have the superintendence of the Military Academy under the direction of the President of the United States." So much of the act of March 16, 1802, as restricted the appointment to this office to the Corps of Engineers was replaced by section 6 of the act of July 16, 1866 (14 Stat. L., 92), which vested the supervision of the Academy in the War Department, under such office or officers as the Secretary of War may assign to that duty. By the act of January 12, 1858 (11 Stat. L., 333), the local rank of colonel of engineers was conferred upon the superintendent. The act of June 20, 1840 (5 Stat. L., 398), contained the requirement that the commander of the corps of cadets should be either the instructor of infantry tactics, of cavalry or artillery tactics, or of practical engineering; and his pay and emoluments were in no case to be less than those allowed by law to the professor of mathematics. By the act of June 12, 1858 (11, ibid., 333), the pay of this officer was fixed at that of a lieutenant-colonel. The post of West Point is one of the military posts of the United States, and the appropriation for the construction of buildings at military posts is applicable to the erection of such quarters as are for the use of the military post at that place and independent of the Military Academy located there. 5 Compt. Dec., 812; 3 Dig. Dec. Sec. Compt., 216. Expenditures for the support of the Military Academy must be limited to the amounts appropriated in the acts for the support of the Academy, unless a contrary purpose on the part of Congress clearly appears in its legislation. Ibid., 216. A sum legally payable out of a specific appropriation can not be transferred to the credit of another appropriation. But this rule does not affect the proper disburse of cadets. 156, s. 1, v. 11, p. 333. Sec. 1312, R. S. 1468. The commandant of the cadets shall have the im-Commandant mediate command of the battalion of cadets, and shall be, June 12, 1858, c. instructor in the tactics of artillery, cavalry, and infantry. 1469. The superintendent of the Military Academy shall Superintend have the pay of a colonel, and the commandant of cadets mandant, pay of. shall have the pay of a lieutenant-colonel. 333. ent and com June 12, 1858, c. 157, s. 1, v. 11, Sec. 1334, R. S. Command of academic staff. Sec. 1314,B.S. Pay of profes Feb. 28, 1873, c. sors. 1470. The academic staff, as such, shall not be entitled to any command in the Army separate from the Academy. 1471. Each of the professors of the Military Academy whose service as professor at the Academy exceeds ten years shall have the pay and allowances of colonel, and all other professors shall have the pay and allowances of lieu-Sec. 1386, R.S. tenant-colonels; and the instructors of ordnance and 210, v. 17, p. 479. Sec. 4. June 23, 1879, v. 21, p. 34. ment of the sum appropriated. Thus where, in the Military Academy appropriation act, a certain amount was appropriated for models of guns and carriages, held, that the Secretary of War was authorized to transfer this amount for disbursement to the disbursing officer at Watervliet Arsenal, where the models were to be manufactured, instead of leaving the disbursement to the disbursing officer at West Point. Dig. Opin. J. A. G., par. 457. Residents and visitors at the Academy. No person can be entitled, as a matter of right, to enter within the limits of this post unless he be authorized to do so by the laws of the United States, or by some officer having authority under the law to grant permission to enter such limits. The Superintendent of the Academy, as commandant of this post, has a general authority to prevent any person in civil life residing permanently or temporarily at the post, or occasionally resorting to the post, from interrupting its discipline, or obstructing in any way the performance of the duties assigned by law to the officers and cadets. In the exercise of a sound discretion, the commandant of the post may therefore order from it any person not attached to it by law whose presence is, in his judgment, injurious to the interests of the Academy. And in case any person so ordered shall refuse to depart, after reasonable notice and within a reasonable time, having regard to the circumstances of the case, I think the Superintendent may lawfully remove him by force. III Opin. Att. Gen., 268-273. When, however, the United States have leased a dwelling house within the post belonging to them to an individual, they have no greater right than an individual would have in respect to the ejectment of the lessee. Ibid. No person has the right to enter the limits of the post of West Point, not even to visit the post-office there, unless specially authorized by the laws of the United States or by some officer having authority to grant permission. Ibid. The Superintendent of the Military Academy is not in general authorized to arrest and confine in the guardhouse a civilian for a mere breach of the police regulations of the post or Academy. His proper remedy is to have the offender removed as soon as practicable, and without unnecessary force, from the reservation. Dig. Opin. J. A. G., par. 520. The act of April 29, 1812 (2 Stat. L., 702), conferred upon the professor of natural and experimental philosophy the pay and emoluments of a lieutenant-colonel; and that of major upon the professors of engineering and mathematics. The professor of chemistry, mineralogy, and geology was placed upon the same footing, in respect to pay and emoluments, as the professor of mathematics, by section 19 of the act of July 5, 1838 (5 Stat. L., 259). By the act of March 3, 1851 (9 Stat. L., 594), the pay of the professors of engineering, natural and 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. L., 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. L., 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. L., 479), professors whose service exceeded ten years were to receive the pay and emoluments Master of the sword. 31, p. 914. 2 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. 1472. The master of the sword shall hereafter act as Mar. 2, 1901, v. instructor of military gymnastics and physical culture at Sec. 1338, R.S. 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. Act of March 2, 1901 (31 Stat. L., 914). Retirement of professors. July 15, 1870, c. 1473. The professors of the Military Academy at West 294, s. 13, v. 16, p. Point are placed on the same footing, as to retirement from Sec. 1333, R.S. active service, as officers of the Army. 319. 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. L., 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. 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. Gen., 615, 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. XVII Opin. Att. Gen., 359. '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. L., 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. "The office of instructor of practical military engineering was established by section 2 of the act of July 20, 1840 (5 Stat. L., 397); upon the recommendation of the Chief of Engineers, dated April 24, 1844, an officer of engineers was appointed to the office. |