Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1901-12-26
SCHIEY CASE DECISION
Secretary Long Approves the Find
ings of Fact and the Opinion
of the Full Court.
MINORITY OPINION NOT CONSIDERED.
He Holds That the Court Could Not
Have Entered Into a Considera-
ton of the Question OF Command
at the Battle of SantfagO-Samp-
sons Request Declined.

Washington, Dec. 22.-Secretary
Long has disposed, finally of the
Schley cas 80 sAF as the navy de-
partment is med, by acting up
on the findings and conclusions of
the court of inquiry. He approves
the findings of fact and the opinion
of the full court; he approves the
majority opinion where there is a diff
ference in the court; he holds that
the court could not have entered into
a consideration of the question of
command at the battle at Santiago;
and, finally, he accepts the recon-
mendation that no further proceed
ings shall be had.
The secretary also has declined the
application of Admiral SIMPSONS
counsel to enter upon inquiry into
the question of command. and has no
titled Admiral Schley's counsel of
that fact as a reason for declining to
hear them on hat point.
Secretary Longs approval of the
majority report was as follows:
The department has read the tesa-
mony in this case. the of
of fact, opinion and recommendation;
the individual memorandum of the pre-
siding member, the statement of excep-
TORS to the said findings and opinion by
the applicant; the reply to said state
ment by the judge advocate of the court
submitted by counsel for Rear-AdmiraI
Sampson traversing the presiding mem;
at the battle of Santiago.
And after careful consideration the
findings of fact and the opinion of the
full court are approved.
AS to the points on which the preSid-
ing member differs from the majority of
the court, the opinion of the majority is
tAs to the further expression of his
views by the same member with regard
morning of July 3, 1898, and of the title
to credit for the ensuing victory, the con-
duct of the court in making no finding
and rendering no opinion on those ques-
ions is aplroved-indeed, it could with
propriety take no other course, evidence
on these questions. during the inquiry,
having been excluded by the court.
The department approves the recon-
| mendation of the court that no further
proceedings be had in the premises.
The department records its apprecia-
ton of the arducus labors Of the whole
[Signed1 JOHN D. LONG,
Secretary of the Navy"
The tex of the secretary's letters
to Admiral SIMPSONS attorneys and
to Admiral Schley follows:
Navy Department,
Gentlemen: In view of the depart
ment's approval, this day, of the racom"
mendation of the court of inquiry in the
further proceedings be had, and of the
fact that the question of command was
court, the department will take no action
upon the brief. filed by You in behalf of
Rear-Admiral William T.. Sampson.
Very respectfully,
JOHN D. LONG, Secretary
"Messrs. Stayton, Campbell e. Theall.
Johnston building. No. 80 Broad street,
New York"
Washington, Dec. q, 1904.
Sir: Referring to the departments let
ter of 18th inst, you are advised that ac-
ton to-day has been taken upon the tind-
ings, opinions and recommendations CT
the court of inquiry in your case and
upon the minority opinion OF the presid-
ing member and a copy of the indOrse-
ment embodying such action IS herewith
transmitted for your information.
I'm response to your request of the
18th inst. heretofore acknowledged, that
miral w. 7. Sampson relative to the
question of command of the American
naval forces during the battle of San
that battle, you be accorded an oppor-
tunity to present, through your counsel,
oral argument against such protest, You
are advised that a brief on this subject
has this day been filed by MeSSrs. Stay
ton, Campbell & Theall, counsel for Ad-
miral Sampson.
I'm view, however, of the department. 5
approval of the recommendation of the
court of inquiry that no further no
ceedings be had, and of the 1acs that the
question of command was excluded from
consideration by the court, no action will
be taken upon said brief ard reply to
that effect (copy inclosed3 has hts Gay
been made to counsel for Admiral s'aJnp-
son.
"a copy of the report Of the Judge ad-
upon your communication of the 18th
inst, Directing to the approval OF the
hiding of the court, is also herewith
transmitted.
Every respectfully,
"JOHN D. LONG. Secretary
"Rear-Admiral Winfield s. Schley. y. 3.
Navy, retired, the Richmond, Washing