The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1901-12-21
LONGS 30 K"
IS AFFIXED
Secretary Approves Schley
Courts Findings.
INCIDENT NOT CLOSED
Attorney Rayner Mentions Arbi-
trariness and Tyranny.
NnTTnr NH Appvrp ArV0Ny IVY nyr-~
INCIDENT NOT CLOSED
COURT OF ARBITRATION WANTED
Admiral schIey VIII Appeal to the
President to Appoint Such
a Body.

Washington, Dec. 21.-Secretary Long
has disposed finally Of the Schley case
so far as the navy department is con-
cerned, by acting upon the findings and
conclusions of the court of inquiry. These
are the secretary's words:
The department has read the testimony in
this case, the arguments Of counsel at the
trial, the courts findings of fact, opinion
and recommendation; the individual memo
randum of the presiding member; the state
ment of exceptions to the said finding and
opinion by the applicant; the reply to said
statement by the judge advocate of the court
and his associate and the brief this day sub
mitted by counsel for Rear Admiral Samp-
son, traversing the presiding members view
as to who was in command at the battle Of
Santiago.
And after careful consideration the findings
of fact and opinion of the full court are ap-
proved.
AS to the points on which the presiding
member differs from the majority of the
court, the opinion of the majority is ap-
proved
AS to the further expression of his views
by the same member with regard to the
question of command on the morning Of July
8, 1898, and of the title to credit for the
ensuing victory, the conduct of the court in
making no finding and rendering no opinion
on these questions is approved-indeed it
could with proprfety take no other course
evidence on these questions during the in
quiry having been excluded by the court
The department approves the recommenda-
ton of the court that no further proceed
ings be had in the premises. The department
records it's appreciation of the arduous labors
OF the whole court. John d. Long
Secretary of the Navy.
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
SchTey's counsel of that fact as a reason
for declining to hear them on that point
The text of the secretary's letter to Ad-
miral SIMPSONS attorneys and to Ad-
miral Schley follows:
Washington, D. c., Dec. 20, 19O1-GentIe-
men: In view of the departments approval
this day, of the recommendation of the court
of inquiry in the case of Rear Admiral Schley
that no further proceed 95s he had, and of
the fact tRiat the question Of command was
excluded from consideration by the 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 & TheaIl, New
York
Long to SchIey.
Following is the text of the notice to
Admiral Schley:
Washington, Dec 21, 1901.-Sir: Referring
to the departments letter of the 18th inst,
you are advised that action has been taken
to-day upon the findings and recommendations
OF the court Of inquiry in your case and upon
the minority opinion of the presiding officer
and upon the Endorsement indorsing such ac-
ton is herewith transmitted for your informa-
ton.
In response to your request OF 18th inst,
and hereby acknowledged, that If protest
should be filed by Rear Admiral w r. Samp-
son, relative to the question Of command Of
the United States naval forces during the
battle of Santiago and credit for the victory
of that battle, you be accorded an opportunity
to answer through your counsel or oral argu-
ment against such protest. you are advised
that brief on this subject has this day been
filed by Messrs. Stayton, Campbell G. Stay
ton in behalf of Admiral Sampson
In view, however, of the departments ap-
proval Of the recommendation of the court Of
inquiry that no further proceedings be had.
and of the fact that the question of COM
mand was excluded from consideration by
the court, no action will be taken upon said
brief, and reply to that effect copy in
closed) has this day been made to counsel for
Admiral Sampson. Very respectfully,
John D. Long, Secretary
Rear Admiral Winfield S. Schley, U. S. N,
retired, Washington, D. G.