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above another in the same grade with longer commissioned service, and nothing herein contained shall change the relative rank of officers heretofore commissioned in the Regular Army. Id.

1103. Same-Appointment of enlisted men.-Enlisted men of the Regular Army or volunteers may be appointed second lieutenants in the Regular Army to vacancies created by this act, provided that they shall have served one year under the same conditions now authorized by law for enlisted men of the Regular Army. Id., 756.

1104. Prison guard—Organization of.-Hereafter recruit and prison companies shall have noncommissioned officers, musicians, artificers and cooks of the numbers and grades allowed by law for companies of infantry. Act of Mar. 2, 1907 (34 Stat. 1160).

MAXIMUM STRENGTH.

1105. The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct.1 Sec. 30, Act of Feb. 2, 1901 (31 Stat. 756).

'For the maximum strength referred to in this section, see, as to the cavalry troop, section 2, act of February, 1901 (31 Stat. 748), paragraph 1075, ante; as to the artillery arm, see section 6, ibid., paragraphs 1088-1091, ante; as to the infantry company, see section 10, ibid., paragraphs 1097-1098, ante; as to the engineer company, see section 11, ibid., paragraph 796, ante; for a similar authority to increase the strength of the several organizations in time of war, see the act of April 26, 1898 (30 Stat. 364). Section 36, act of February 2, 1901 (31 Stat. 757), contains the requirement that the "total of the enlisted men of the line of the Army, together with the native force therein authorized, shall not exceed, at any time, one hundred thousand men."

CHAPTER XXVIII.

THE UNITED STATES MILITARY ACADEMY-THE ARMY WAR COLLEGE-THE SERVICE SCHOOLS.

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1106. Officers, Professors, and Instructors.-The United States Military Academy at West Point, in the State of New York, shall be constituted as follows: There shall be one superintendent; one commandant of cadets; one senior instructor in the tactics of artillery; one senior instructor in the tactics of cavalry; one senior instructor in the tactics of infantry; one professor and one assistant professor of civil and military engineering; one professor and one assistant professor of natural and experimental philosophy; one professor and one assistant professor of mathematics; one professor and one assistant professor of chemistry, mineralogy, and geology;3 one professor and one assistant professor of drawings; one pro

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The Military Academy was established in pursuance of authority conferred by the act of March 16, 1802 (2 Stat. 137), which contained a requirement authorizing the President to establish a corps of engineers: “The said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy." Sections 26 and 27, act of March 16, 1802 (2 Stat. 137). The post of West Point ceased to be an engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. 92).

The office of professor of civil and military engineering was established by section 2 of the act of April 29, 1802 (2 Stat. 720).

The office of professor of natural and experimental philosophy was established by section 2 of the act of April 29, 1802 (2 Stat. 702).

The office of professor of mathematics was established by section 2 of the act of April 29, 1802 (2 Stat. 702),

"The office of professor of chemistry, mineralogy, and geology was established by section 19 of the act of July 5, 1838 (5 Stat. 259).

The office of teacher of drawing, first created by Executive order, received statutory recognition in section 2 of the act of April 29, 1812 (2 Stat. 720). The office of professor of drawing was established by section 3 of the act of August 8, 1846 (9 Stat. 161).

fessor of modern languages;1 one assistant professor of the French language; one assistant professor of the Spanish language; 2 one assistant professor of law; one adjutant; one master of the sword; * and one teacher of music. Sec. 1309, R. S.

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1107. Supervision of the Academy.-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. R. S.

Sec. 1331,

1108. Appointment of Officers and Professors.-The superintendent, the commandant of cadets, and the professors shall be appointed by the President. The assistant professors, acting assistant professors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets assigned by the superintendent, under the direction of the Secretary of War. Sec. 1313, R. S.

1109. Selection of Officers.-The superintendent and commandant of cadets may be selected, and all other officers on duty at the Acad. emy may be detailed, from any arm of the service. Sec. 1314, R. S. 1110. Rank of Superintendent and Commandant.-The superintendent and the commandant of cadets, while serving as such, shall

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. 702). The office of professor of French was established by section 3 of the act of August 8, 1846 (9 Stat. 161). The act of June 20, 1879 (21 Stat. 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. 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. 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 411, 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, 1812 (2 Stat. 720); that of chemistry, mineralogy, and geology by section 19 of the act of July 5, 1838 (5 Stat. 259); those of French and drawing by section 2 of the act of August 6, 1852 (10 Stat. 29; that of Spanish by section 3 of the act of February 28, 1867 (14 Stat. 416), and that of law by the act of January 5, 1895 (28 Stat. 630).

'For the status of this office see paragraph 1135, post.

For the status of this office see paragraphs 1131 and 1132, post.

The Military Academy is exempted from the control and supervision of department commanders by the terms of paragraph 191, Army Regulations of 1913, except as to the administration of military justice; and the superintendent has power to convene general courts-martial for the trial of enlisted men. (Act of Mar. 2, 1913, 37 Stat. 722.)

have, respectively, the local rank of colonel and lieutenant-colonel of engineers. Sec. 1310, R. S.

1111. Superintendent in Command of Academy and Post.—The superintendent, and, in his absence, the next in rank, shall have the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. Sec. 1311, R. S.

1112. Commandant in command of battalion of cadets.-The commandant of the cadets shall have the immediate command of the battalion of cadets, and shall be instructor in the tactics of artillery, cavalry, and infantry. Sec. 1312, R. S.

1The office of superintendent was created by section 28 of the act of March 16, 1802 (2 Stat. 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. 92), which vested the supervision of the Academy in the War Department, under such officer or officers as the Secretary of War may assign to that duty. By the act of January 12, 1858 (11 Stat. 333), the local rank of colonel of engineers was conferred upon the superintendent.

The act of June 20, 1840 (5 Stat. 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 id., 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 Comp. Dec., 812; 3 Dig. Dec. Sec. Comp., 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. (Id., 216.)

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. (Id.)

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. (Id.)

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., p. 267, V. A. 3d (1).)

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