The general regulations, with their accom paniment of manuals, may be regarded as form ing the regulations of 1895. One of these manuals — the Manual for Courts-Martial—was not, indeed, a staff manual at all, but is a general system of rules for the administration of military justice. It was the first of its kind promulgated by the War Department, and was an outgrowth and enlargement of the directions on the subject which it was formerly the prac tice to issue from the headquarters of military departments. Regulations, approved by the Secretary of War, had, however, before this been issued by several of the staff departments for their own government.
The regulations for the United States Mili tary Academy also emanate from the Presi dent's constitutional power. There can be no doubt, however, that, within limits, the superin tendent of the United States Military Academy, the same as any officer in control of a public institution peopled with persons whose good conduct is entrusted to his charge, may also lay down rules or regulations. He does, in fact, exercise this power in issuing certain orders. A distinction has, indeed, been made between regulations and orders, but it cannot be said that there is any essential difference between regulations and general orders laying down general rules of action.
As a good illustration of this power, as vested in superintendents of institutions of this character, we may take the various soldiers' homes. For these, certain regulations are pre scribed by statute, and others by their boards of managers, necessarily, however, leaving a very considerable residue of matters, principally relating to discipline, to be regulated by the superintendents of the institutions. It may, of
course, sometimes be difficult to decide what the limit of the power is, but that the power exists seems clear. Without it, public institu tions of this kind could not be controlled, and, therefore, could not be managed for the pur pose for which they are established.
Commanding officers of military posts have this power in a marked degree — limited, it is true, in their cases, by statute and regulation of higher authority; but, subject to these, having a distinct, necessary and unquestioned jurisdic tion. In this case, however, as also in the case of the superintendent of the Military Academy, the power is a part of an independent military system. But it is the same kind of power that is exercised by the school-teacher in the main tenance of the discipline of his school.
The army regulations issued 15 Nov. 1913, in 80 articles and 1,573 paragraphs, are en dorsed as follows by the Secretary of War: "The President of the United States directs that these regulations for the army be published for the government of all concerned, and that they be strictly observed. Nothing contrary to the tenor of these regulations will be enjoined in any part of the forces of the United States by any commander whomsoever?'