The San Francisco call., 1901-12-22

y
KNI ly Of the Schley case, so far
w as the Navy Department is
concerned, by acting upon 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
difference in the court; he holds that the
court could not have entered into con-
sideration Of the question Of command at
l the battle Of Santiago. and, finally, he ac-
bcepts the recommendation that no further
proceedings shall be had.
The Secretary also has declined the ap-
plication Of Admiral SIMPSONS counsel to
enter upon an inquiry into the question of
command, and has notified Admiral
Schley's counsel Of that fact as q reason
for declining TO hear them on that point.
Approves the Majority Report.
Secretary Longs approval Of the major
ity report was as follows:
1.-THE department has read the testimony
IN this case, the arguments Of counsel at
The trial, the courts findings Of fact, opin-
ion and recommendations, the individual
memorandum Of the president of the
court, the statement Of exceptions to the
said findings and opinion by the applicant,
the reply 10 said statement by the judge
advocate Of the court and his assistant
and the brief this day submitted by coun-
sci for Rear Admiral Sampson, travers-
Ing the presiding members view as to
who was in command at the battle of San
tiago. And after careful consideration the
findings Of fact and the opinion of the
full court are approved. AS to the points
from the majority Of the court, the opin-
on Of the majority is approved.
"As TO the further expressions Of his
Views by the same member with regard
% the questions Of command on the morn
.ng Of July g, 1888, and Of the title to cred
It for the ensuing victory, the conduct Of
he court in making no finding and rem
5ering no opinion on those questions Is
approved. Indeed, It could properly take
no other course, evidence on these ques-
tons during the inquiry having been ex-
cluded by the court.
No Further Proceedings.
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 arduous labors Of the whole
court JOHN D. LONG,
Secretary Of the Navy"
The text Of the secretary's letter to
Admiral sampson's attorney and Admiral
schley follows:
Navy Department, Washington, D. c.,
Dec. 20, leol-Gentlemen: In view Of the
department's approval this day of the
recommendation Of the court Of inquiry
in the case Of Rear Admiral Schley that
no further proceedings be had, and of the
fact that the question Of command was
excluded from consideration by the court,
The department will take no action upon
the brief fled by you in behalf Of Rear
ASniral William T. Sampson. Very re-
epectfullv. JOHN D. LONG,
Secretary Of the Navy.
..Afessrs. stayton, Campbell & Theall-"
Admiral Schley Advised.
Secretary Long also sent the following
letter 10 Rear Admiral Schley;
Navy Department, Washington, D. c.,
Dec % 1so1.-sir: Referring to the de-
nar+ment's letter Of the 18th instant. you
-~e ADVISED that action to-day has been
taken upon the findings, opinions and re-
commendaton Of the court Of inquiry in
,-o,,r case and upon the minority opinion
Of the presiding member and a copy OF
the Endorsement embodying such action is
herewith transmitted for your informa-
ton.
IN response to your request OF the 15th
fre4 heretofore acknowledged, that If a
rrotast should be filed by Rear Admiral
w. T. Sampson relative to the question
cf command Of the American naval forces
6,,rf,,, the hattie Of Santiago and credit
for +l,e victory won in that battle, you be
acqkrded an opportunity to present
thrsugh your counsel oral argument
against such protest, you are advised that
Continued or Page Twenty-Five.