Connecticut western news., 1901-12-26
APPROVED BY LONG:
SECRETARY sUSTAlNS FINDINGS OF
 sCHlEY COURT OF INQUIRY.

General Miles Publicly Rsprimanded
 For Expressing Opinion on the
 Case-Resisnatfon of Edgar .. Ma
 clay Is Demanded.
 Secretary Long on Saturday disposed finally of the Schlsy case so far as the navy department is concerned by act ing upon the findings and conclusions of the court of inquiry.
 He approves the findings of fact and the opinion of the full court; he ap- proves the majority opinion where there Is difference in the court; he holds that the court could not have entered into a consideration of the question of command at the battle of Santiago. and, finally, be accepts the recommendation that no further pro ceedings shall be had.
 The secretary also declined the ap- plicatioD of Admiral Sampsop's coun- sel to enter upon an inquiry into the question of command and has noti- fled Admiral Schley's counsel of that fact as reason for declining to hear them on that point.
 
 majority report is as follows:
 The department has read the testimony in this case, the arguments of counsel at the trisl the courts findings of fact, opinion and recommsnda. tion, the individual memorandum of the presid- ing member, the statement of exceptions to the said findings and opinion by the applicant. the reply to said statement by the judge advocate of the court and his assistant and the brief this day submittsd by counsel for Rear Admiral Sampson tray to who was in command at the battle of Santiago,
 And after careful confederation the findings of fact and the opinion of the fsll court ap- proved
 Al to the points which the presiding mem Der differs from the opinion of the majority of the court, the opinion of the majority is approved.
 As to the further expression ef hs views oy the same member with regard to the questions of com mand on the morning of July g. 1898. and of the title to credit for the ensuing victory, the con- duct of the court in making finding and dering opinion those questions b approv- ed. Indeed 1t could with propristy take no othsz course, evidence these questions during the inquiry having been excluded by the court
 The department approves the recommendation of the court that no further proceedings be had in the premises.
 The department records it's appreciation sf the arduous abors of the whole court.
 General Miles was on Saturday repri- mandsd in person by President Roose welt and by Secretary Root in an ofi- cial communication for his expression of opinion in regard to the findings of the court of inquiry. General Miles opinion, given in q newspaper inter view, was as follows:
 am willing to take the judgment of Admiral Dewey in the matter. He has been . commander of q fleet and as such has known of the anxistiss and responsibilities which rsst man under those oircumstancss- He was instrumental In the destruction of one Spanish Beet and known and realizes the fsslinss that encompass an officer under such oondiiona
 l think Dewey has summed up the matter in | clear and concise manner, and believe his clusions will be indorssd by the patriotic people of the United statss l have ympathy with the efforts which have bssn made to destroy the honor of officer under sueh ckcumstanosA
 Secretary Roots letter of censure calls the attention of General Miles to the first article of the army regulations -"Deliberations or discussions among military men conveying praise or cen sure or any mark of appreciation to- ward others in the military service are prohibited"-and says that violation of this article will not be tol- erated in any officer of whatever rank.
 Secretary Root also, at the direction of the president, called for the resigna- ton of Edgar 8. Maclay. special laborer at the Brooklyn navy yard, for express ing an opinion on the courts findings.
 Edgar s. Maclay is the author of the "History of the Navy" the work used at Annapolis for the instruction of na. val cadets.
 
 In the last volume of the history, bringing it up to the Spanish-America D war. Maclay made several very strong statements about Schley and his con- duct in action, etc. These statements were in part responsible for the ap- pointing of the court of inquiry which recently rendered its decision. When the request for MT. Maclay's resignation was communicated to him by Rear Admiral Barker. commandani of the Brooklyn navy yard, he stated that he would refuse to resign. Later In a letter forwarded to Secretary Long. Mir Maclay declared his position in the yard was under civil service rules, that he had never been accused of dereliction in duty and that he be lieved he could not be legally removed unless charges were made against him and were substantiated. Secretary Long's answer to this communication was an order to Rear Admiral Barker directing Maclay's immediate dis | charge. Maclay was accordingly dis | charged on Tuesday.