The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-08-02
KIMBERLY OUT OF 1T
REQUEST TO BE EXCUSED FROM
SCHLEY COURT OF INQUIRY
IS GRANTED
sCHLEYs REQUEST REFUSED
Language of Precept to Court Re-
gardinG DfsObeddence of Orders
Before Santiago Will Stand
as Written.

Kimberly will not be member of the
Schley court of inquiry His request to
be relieved from the detail on the ground
Of ill-health has been granted by the
navy department, and the department is
now considering the question of his sue
cessor. 1t is quite likely that a selection
has been made already, but the official
announcement will be withheld until the
officer selected has been heard from. It
is explained in connection with the ac-
ceptance of Admiral Kimberlys declina-
tion that this is the first time in thirty
nine years that this officer las requested
the department to relieve him of a duty
to which he has been assigned.
sCHLEY'S REQUEST REFUSED.
The navy department has refused to ac-
cede to Admiral Schley's suggestion that
the language in the fifth specifcat .on of
the precept to the court of inquiry be
modified.
The admiral in his letter challenges
that specification which states as a fact
that he had disobeyed orders and sug-
gested that it be modified. The depart
ment in it's reply declines to make the
suggested modification on the ground
that, according to the official records Ad-
miral Schley himself acknowledged that
he had disobeyed orders. The disobedi-
ence of orders was an established fact,
whether unwillingly or willingly.
UP TO THE COURT.
Formal action in the matter of the
Schley court of inquiry was today con-
fined to the dispatch of a letter to Ad-
miral Dewey stating that 'the depart
ment herewith transmits copies of letters
dated July 27 and Aug 1, respecting the
precept under which the court of inquiry
in the case of Rear Admiral Schley is
to be convened
Admiral Dewey had already been sup
piled with a newly printed copy of the
complaints. The subjects referred to are
Admiral Schley's letter suggesting the
omission of the Departments expression
of opinion touching his alleged disobedi-
ence of orders and the reply from Acting
Secretary Hackett declining to make this
modification. 1t is very rarely that pre-
cept concerning a court of inquiry is
amended. The department. answer,
While technically declining Admiral
Schley's suggestion, does in effect
amount to an amendment on the line
pointed out by him. AS intimated in the
letter to Admiral Dewey this correspond
ence will form a part of the record and
is in effect supplement to the precept
and of as much force as the original doc
ument. The vacancy on the court caused
by Rear Admiral Kimberlys application
TO be relieved has not yet been filed It
is believed that the department is COM
municating by wire and letter with other
retired admirals who are regarded as on
the eligible list. 1t has no desire to make
public any declarations, and it is under
stood that the name of the person chosen
will not be published until he has final
ly accepted the assignment. 1t was
suggested at the department that Ad-
miral Kimberly's action is not yet final.
Secretary Long at his home in bingham
is within an hour or two's run of Admiral
Kimberlys home at West Newton, and
the secretary may take advantage of that
fact to visit the admiral personally and
to endeavor to have him reconsider his
decision
Capt. James Parker, associate counsel
for Admiral Schley, who is making notes
from the log books of the Santiago cam
paign, has completed his examination
for the time being, and tomorrow will
return to his home at Perth Amboy, n.
j. He viii return to the city next week
to resume his work.
The war department has taken cog
nizance of the published interview of
Capt. Thomas F. Schley regarding the
court of inquiry upon his father, Rear
Admiral Schley. 1t is understood that the
department informed the captain that
such interviews are contrary to the army
regulations. 1t is not believed that a gen
eral order directing army officers not to
talk for publication about such matters
will be necessary.