
    THE UNITED STATES v. CHARLES MORTON.
    (19 C. Cls. R., 200; 112 U. S. R., 1.)
    
      ■On the defendants' Appeal.
    
    The simple question in this case is whether “service” as a cadet at West Point is to he reckoned as “ service.” in the Army within the meaning of the Appropriation Acts 1881, 1882.
    The court below decides—
    (1.) The service of a cadet at West Point is a part of an officer’s “ actual time of service in the Army ” within the meaning of the Appropriation Acts 1881, 1882 (21 Stat. L., p. 346, oh. 79; 22 id., p. 117, oh. 257).
    (2.) The work, x>hysieal and mental, which a cadet has to do, and the author- ■ ity and discipline to which he is subject, are unquestionable characteristics of military service.
    (3.) The Revised Statutes (§ 1094) classify “the corps of cadets” as apart of the Army; and (§ 1323) make “ cadets subject at all times to do duty in such places and on such service as the President may direct” ; and provide (§ 1321) that they may be “ dismissed from the service.” The Regula- “ tions for the Military Academy declare that they may be dismissed “the service.” Both recognize the status of a cadet as “ service.”
    
   The judgment of the court below is affirmed on the same grounds.

Mr. Justice Blatchford delivered the opinion of the Su-eme Court, October 27, 1884.  