The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-07-25
ADMIRAL DEWEY WILL Be
ONE OF SCHLEY'S JUDGES
Secretary Long Decides to Grant the Court Of In
Qufry that is Asked For.
Order Will Be Issued Today Naming the MemberS-Wil
Not Meet Before September.

Ties of press comments have been sent
10 me from various parts OF the cOun-
try of a book entitled The History of
the Navy written by one Edgar stan
ton Maclay. From these reviews it ap-
pears that this edition is a third vol
Ume Of the said history. extended to in
Clude the late war with Spain, which
the two first volumes did not contain,
and were in use as text books at the
naval academy.
From excerpts quoted in some re-
views, in which the page and para
graph are given, there is such perver-
sion of facts, miscOnstTuctiOn of int5n-
ton, such Incorporate abuse and de-
famatlOn of myself, which subjects Mr..
Maclay to action in civil law. While
admit the right Of fair criticism of
every public officer I must protest
against the low fiings and abusive Ian
guage of this violent. partisan oppo-
nent, who has infused into the pages of
his book so much of the malice of IN
fairness as to make it unworthy the
name of history or of use in any re-
putable institution of the country.
Calls Upon His Enemies.
81 have RETAINED heretofore from
all comment upon the innUendoes Of
enemies mUtteTed and murmured in Sc
Cret. and therefore with safety to them
selves. I think the time has now come
to take such action as may bring this
entire matter under discussion under
the clearer and calmer review of my
brOthers-in-arms. and to this end l ask
such action at the hands of the depart
ment as it may deem best to accomplish
this purpose.
But I would express the request
in this connection that whatever the
action may be that it occur in Wash
lngtOn, where most of my papers and
data are stored. Very respectfully,
Wv. 5. SCHLEY,
Rear Admiral, L. s. a.
ITO the secretary of the navy, Wash
ingtOn, D. c."
Secretary Long replied to Admiral
SChley as follows:
Navy Department, Washington, D. c,
July "A, 1901.
Sir: I am in receipt of yours of the
22nd inst. with reference to the CTiti-
Cisms upon you in connection with the
Spanish-American war, and heartily
approve Of your action under the cir
cUmstances asking at the hands of this
department such action as may bring
this entire matter under discussion un-
der the clearer and calmer review of
my brOthers-in-ar
THE department viii at once proceed
in accordance with your request. Very
respectfully,
Rear Admiral Schley. L. 5. A.
The information that Admiral
Schley's letter asking for a court of in
quiry had been received by Secretary
Long soon spread through the navy
department and not since the recent
war days has one theme excited such
general attention.
Powers Of the Court.
Congress, in 1895, established the
principle that no cOurt-martial could be
der investiga ton. This is known as
the naval statutes of limitation, and
while il bars d COurt-martial relating
to the Santiago campaign, it does not
bar the court Of inquiry. In this case
the court of inquiry would be effective
only in establishing records, and would
not be preliminary TO q cOurJ-marJ lal-
An important feature in the order di-
recting the court is that specifying
whether it shall state only the facts
found, or shall also give an opinion
based on the facts. Unless the order
expressly requires the court to give
their opinion. they are confined to stat
quite probable, however, that in a case
of this importance the order would di-
rect the court to record its opinion, as
well as its conclusion of facts.
Whether the investigation shall be
held in omen court or not is decided by
the court itself, unless specified in the
converting order. This leaves it Op-
tiOnal with the president or Secretary
Long to direct that the proceedings
shall be open or closed, but in case no
specific direction is given on this point
the court will decide il.
When the court of inquiry reaches its
decision all the papers are forwarded to
the judge advocate general Of the navy,
and the final approval or disapproval
rests with the secretary of the navy or
the president, according to which one
has ordered the court.