1212. Cadets; duties assignable.-Cadets shall be subject at all times to do duty in such places and on such service as the Président may direct. R. S. 1323; 10 U. S. C. 1102. 1213. Cadets; hazing. That the Superintendent of the United States Military Academy, subject to the approval of the Secretary of War, shall make appropriate regulations for putting a stop to the practice of hazing, such regulations to prescribe dismissal, suspension, or other adequate punishments for infractions of the same, and to embody a clear definition of hazing. That any cadet who shall be charged with offenses under such regulations which would involve his dismissal from the academy shall be granted, upon his written request, a trial by a general court-martial · * *. Act of Mar. 2, 1901 (31 Stat. 911); act of Apr. 19, 1910 (36 Stat. 323); 10 U. 8. C. 1163. The above was a proviso of the Military Academy appropriation act for the fiscal year 1902, which superseded a previous provision, that any cadet dismissed for hazing should not be eligible to reappointment, made by act of Mar. 31, 1884 (23 Stat. 7). For trial of cadets by general court-martial, see arts. 2 (b) and 8, Articles of War, 359, 365, ante. The Judge Advocate General has held (351.19, December 14, 1934) that this section, based on act of March 2, 1901 (31 Stat. 911), as amended by act of April 19, 1910 (36 Stat. 323); 10 U. S. C. 1163, was not repealed by A. W. 48 (405, ante). 1214. Cadets; reexamination when found deficient in a single subject.— Provided, That whenever a cadet shall fail to pass any required examination because deficient in any one subject of instruction he shall have the right to apply for a second examination regarding such subject by making written application therefor to the academic board within ten days after being officially notified of such failure. The examination demanded shall be held within sixty days from the date of such application, and if the cadet being otherwise qualified shall pass the same by compliance with the requirements existing at the time of the first examination, he shall be readmitted to the Academy: * Provided further, That any cadet who fails to pass any required examination shall have no more than one reexamination: Act of Aug. 11, 1916 (39 Stat. 493); 10 U. S. C. 1103. * 1215. Cadets; reappointment or commission after discharge.-No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the Academy shall, unless upon recommendation of the academic board, be returned or reappointed, or appointed to any place in the Army before his class shall have left the Academy and received their commissions. R. 8. 1325; 10 U. S. C. 1104. * * * Provided further, That no midshipman at the United States Naval Academy or cadet at the United States Military Academy who fails to graduate therefrom shall be eligible for appointment as a commissioned officer in the Marine Corps until after the graduation of the class of which he was a member. Act of Aug. 29, 1916 (39 Stat. 611); 34 U. S. C. 635. * any cadet dismissed from the Academy for hazing shall not thereafter be reappointed to the Corps of Cadets nor be eligible for appointment as a commissioned officer in the Army or Navy or Marine Corps until two years after the graduation of the class of which he was a member. Act of Mar. 2, 1901 (31 Stat. 911); act of Apr. 19, 1910 (36 Stat. 323); 10 U. 8. C. 1163. 1215a. Filipino cadets; appointment.-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 hundred and twenty-one, Revised Statutes, are modified in the case of the Filipinos undergoing instruction, so as to require them to engage to serve for eight years, unless sooner discharged, in the Philippine Scouts. Act of May 28, 1908 (35 Stat. 441); 10 U. S. C. 1093. * Provided, That the four Filipino cadets authorized by the act of May twenty-eighth, nineteen hundred and eight, to be designated by the Philippine Commission to receive instructions at the United States Military Academy, shall hereafter be designated by the Governor General of the Philippine Islands. Act of Aug. 11, 1916 (39 Stat. 493); 10 U. S. C. 1093. For R. S. 1321, see 1211, ante. The President of the Commonwealth of the Philippine Islands, as successor to the Governor General, under sec. 15, act of March 24, 1934 (48 Stat. 465), now designates the Filipino cadets above authorized. The provision found in the military appropriation act of July 1, 1937, and in subsequent acts, as to the nonavailability of the appropriations therein contained for the pay of any person not a citizen of the United States has been held to prohibit Filipino cadets receiving the pay provided for citizen cadets. 1215b. Foreign cadets; appointment.-* not more than one citizen of any American republic shall receive instruction at the same time in the United States Military Academy * Act of June 24, 1938 (52 Stat. 1034); 20 U. S. C. 221. A long series of acts and joint resolutions has provided for the admission of subjects of foreign countries, from 1884 to date. Two cadets were admitted from Chile in 1816 and one from Colombia in 1823, but this was apparently without legislative authority. The provisions of law, the countries accorded the privilege, and the number of cadets authorized from each, are as follows: Law J. R. of Feb. 2, 1884 (23 Stat. 266) – . J. R. of May 14, 1888 (25 Stat. 622) J. R. of Mar. 3, 1905 (33 Stat. 1286). Law Country Number Act of Mar. 4, 1913 (37 Stat. 865). J. R. of May 29, 1928 (45 Stat. 1011). Do. J. R. of Mar. 24, 1930 (46 Stat. 90). J. R. of June 18, 1934 (48 Stat. 1017) 1215c. Degrees for graduates.-That the superintendents of the United States Naval Academy, the United States Military Academy, and the United States Coast Guard Academy may, under such rules and regulations as the Secretary of the Navy, the Secretary of War, and the Secretary of the Treasury may prescribe, confer the degree of bachelor of science upon all graduates of their respective academies, from and after the date of the accrediting of said academies by the Association of American Universities: Provided, That on and after the date of the accrediting of the said academies by the Association of American Universities the superintendents of the respective academies may, under such rules and regulations as the respective secretaries may make, confer the degree of bachelor of science upon such other living graduates of the said academies as shall have met the requirements of the respective academies for such degree. Act of May 25, 1933 (48 Stat. 73); act of July 8, 1937 (50 Stat. 477) ; 10 U. S. C. 486a; 14 U. 8. C. 15a; 34 U. S. C. 1057a. The United States Military Academy was accredited by the Association of American Universities on October 31, 1925. 1216. Detachments of enlisted men; Quartermaster and Cavalry.- * Provided, That the detachments of enlisted men at the Military Academy, heretofore designated as the General Army Service, Quartermaster's Department, and the Cavalry detachment, shall be fixed at such numbers, not exceeding two hundred and fifteen enlisted men in both detachments, as in the opinion of the Secretary of War the necessities of the public service may from time to time require; but the number of enlisted men of the Army shall not be increased on account of this proviso or the two preceding paragraphs of this Act. Act of Feb. 10, 1897 (29 Stat. 519); 10 U. S. C. 1112. The act of June 20, 1890 (26 Stat. 167), directed that the Artillery detachment at West Point be absorbed into the General Army Service, Quartermaster's Department, on duty at that post. Special provision for the pay of detachments on duty at the academy was not made until comparatively recent years. The act of Jan. 16, 1895 (28 Stat. 627), provided for a detachment of Army service men in the Quartermaster's Department, and for a Cavalry detachment. An Artillery detachment was provided for by the act of June 6, 1900 (31 Stat. 647), and an Engineer detachment by the act of Aug. 9, 1912, post, 1217. The number in each detachment bas been fixed in each case by subsequent annual appropriation acts, subject to the limitations of the above act. The act of Mar. 30, 1920 (41 Stat. 539-541), provides for all these de tachments and also for a Signal Corps detachment and a Coast Artillery detachment. Specific provisions of this nature have been discontinued, since Military Academy appropriations are now found in the War Department appropriation acts and not in a separate act, as was the custom until 1921. The War Department recommends the express repeal of this section, based on act of February 10, 1897 (29 Stat. 519); 10 U. S. C. 1112, as no longer neecssary (J. A. G. 010.3, Nov. 12, 1929, p. 177). 1217. Detachments of enlisted men; Engineer.-Hereafter there shall be maintained at the United States Military Academy an Engineer detachment, which shall consist of one first sergeant, one quartermaster sergeant, eight sergeants, ten corporals, two cooks, two musicians, thirty-eight first-class privates, and thirty-eight second-class privates; Provided further, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Aug. 9, 1912 (37 Stat. 254); 10 U. S. C. 1111. * The number of men in this detachment was fixed by successive acts making appropriations for the Military Academy, but in recent years such practice has been discontinued. The War Department recommends the express repeal of this section, based on act of August 9, 1912 (37 Stat. 254); 10 U. S. C. 1111, as no longer necessary (J. A. G. 010.3, Nov. 12, 1929, p. 176). 1218. The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1368), making appropriations for the support of the War Department, is not repeated in the corresponding act for the fiscal year 1932 or thereafter. 1219. The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1367), making appropriations for the War Department, is not repeated in the corresponding act for the fiscal year 1933 or thereafter. 1220. Special contingent fund. Also, that all funds arising from the rent of the hotel on academy grounds, and other incidental sources, from and after this date be, and are hereby, made a special contingent fund, to be expended under the supervision of the superintendent of the academy, and that he be required to account for the same annually, accompanied by proper vouchers to the Secretary of War. Act of May 1, 1888 (25 Stat. 112); 10 U. S. C. 1127. 1221. Settlement of accounts with other bureaus.—* * And provided further, That hereafter in settling transactions between appropriations for the support of the United States Military Academy and other bureaus of the War Department, or between the United States Military Academy and any other executive department of the Government, payment therefor shall be made by the disbursing officer of the United States Military Academy or of the office, bureau, or department concerned. Act of Aug. 11, 1916 (39 Stat. 504); 31 U. S. C. 503. By 70, ante, "The Chief of Finance is charged with the disbursement of all funds of the War Department." The words following "disbursing officer" should be eliminated. (J. A. G. 010.3, Nov. 12, 1929, p. 290). 1222. Proceeds of sale of gas. Provided, That all proceeds of sales of gas be paid into the post fund. Act of Mar. 1, 1893 (27 Stat. 520); 10 U. S. C. 1124. 1223. Wharfage dues.-The Secretary of War is authorized to have collected from vessels using the wharf and ferry slip at West Point, New York, such wharfage dues as he may deem just, reasonable, and necessary, the same to be paid at the time of landing to the post quartermaster or his authorized agent. Act of Mar. 4, 1915 (38 Stat. 1137); 10 U. S. C. 1123, 1224. Land and buildings; Cullum Memorial Hall.—That the memorial hall to be erected under the provisions of this Act shall be a receptacle of statues, busts, mural tablets, and portraits of distinguished and deceased officers and grad uates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession; and to prevent the introduction of unworthy subjects into this hall the selection of each shall be made by not less than two-thirds of the members of the entire academic board of the United States Military Academy, the vote being taken by ayes and nays and to be so recorded. Sec. 6, act of July 23, 1892 (27 Stat. 263); 10 U. S. C. 1125. This section was part of an act to accept a bequest made by Gen. George W. Cullum for the erection of a memorial hall at West Point, and to carry the terms and conditions of the same into execution. Other sections of the act accepted the bequest mentioned, created a board of trustees of the memorial hall, provided for the erection of a suitable structure for the purpose and the expenditure of the funds from the bequest therefor, and for the transfer of the building after its construction to the Government. 1225. Chapel. That the Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Military Reservation: Provided, That the erection of such building will not interfere with the uses of said reservation for military purposes. Said building shall be erected without any expense whatever to the Government of the United States, and shall be removed from the reservation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Secretary of War, public or military necessity shall require it, and without compensation for such building or any other expense whatever to the Government. Act of July 8, 1898 (30 Stat. 722); 10 U. S. C. 1126. 1226. Hotel. That the Secretary of War is hereby authorized to lease land on the United States Military Reservation at West Point, for a term of not exceeding fifty years, to any corporation, company, or individual, upon which to erect a hotel, and all other necessary buildings in connection therewith, in accordance with plans and specifications submitted to and recommended by the Superintendent of the Military Academy, and approved by the Secretary of War. Said lease shall contain such conditions, terms, reservations, and covenants as may be agreed upon and shall also provide for just compensation to the lessees for the construction of said hotel, appurtenances, and equipments, to be paid to said lessees at the termination of said lease. Act of Mar. 4, 1919 (40 Stat. 1348); act of Mar. 30, 1920 (41 Stat. 548), The act of Mar. 4, 1919 (40 Stat. 1348), read as follows: 640 The Secretary of War is hereby authorized to allow any corporation, company, or individual to erect on the United States Military Academy Reservation at West Point, N. Y., a hotel in accordance with plans and specifications to be approved by the Superintendent of the United States Military Academy and to enjoy the revenue therefrom for a period of 50 years; after which time said hotel shall become the property of the United States: Provided, That the title and ownership of said hotel may be accepted by the Secretary of War on the behalf of the United States at any time. That said hotel shall be conducted under such regulations, including the rates and the charges for accommodations thereat, as may be promulgated by the Superintendent of the United States Military Academy under the direction of the Secretary of War. #99 1227. The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1368), making appropriations for the support of the War Department, is not included in the corresponding act for the fiscal year 1931 or thereafter. It is properly omitted from the United States Code. (J. A. G. 010.3, Nov. 12, 1929, p. 180.) 1228. Supplies and equipment; sale.-* * And provided, That hereafter, when any machinery, apparatus, implements, supplies, or materials which have been heretofore or may hereafter be purchased or acquired from appropriations made for the support of the United States Military Academy are no longer needed or are no longer serviceable, they may be sold in such manner as the superin |