MILITARY ACADEMY. The corps of cadets at the United States Military Acad emy at West Point consists of one from each congressional district, one from each tory, one from the District of Columbia, two from each state at large and not to exceed 40 from the United States at large ; also one from Porto Rico. One Filipino in each class may receive instruction, who becomes eligible to a commission in the Philippine Scouts. Appointees are admitted only between the ages of 17 and 22. They may be admitted on March 1. They must sign articles to serve for eight years unless sooner discharged. They are appointed on graduation to fill vacancies as second lieutenants in the army.
The president appoints all cadets. The nominations to him by senators and members of congress of applicants rests on custom alone, but it has become an established ex ecutive practice and no change should be Made with a statute; Dig. Op. J.-Adv. Gen.
800.
A cadet is not an officer of the United States and may be dismissed by the presi dent without trial; Flartigan v. U. S., 190 U. S. 169, 25 Sup. Ct. 204, 49 L. Ed. 434.
Cadets are subject to trial by regimental or garrison courts-martial. They are not com petent to sit on a court-martial. In respect of their selection as officers of the army on duty as such at the Academy they are sub ject to the Articles of War, but not in their relations to each other ; Davis, Mil. L. 22.
Except for the statutory offence of hazing (Act of June 23, 1874), cadets are not triable by court-martial; 15 Opin. Sol.-Gen. 634; but the Judge-Advocate General has express ed the opinion that they are so triable for violations of the regulations of the Academy, as "conduct to the prejudice of good order and military discipline." Dig. 210, par. 8.