The court below decides :

That the Act August 5,1882 (22 Stat. L., 385), directing the discharge of the naval cadets if they are not required to fill vacancies, is constitutional ; and that a cadet so discharged by the Secretary of the Navy is no longer in the servioe.

The decision of the Court below is affirmed on the same grounds.

delivered the opinion of the Supreme Court, March 3, 1890.