Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-12-27
LONG ENDORSES VERDICT
sIsrAtNs MAJORITY REPORT Or
COURT or INQUIRY

i T. g y & = I
susTAtMs MAJORITY REPORT or
COURT or INQUIRY
Mods that sampson Was in Command
Il Santiago and That Question
was Not Before Court
washington. Dec. 22-SecretAy
Long has dfspoEed finally Of the
SchIey Gaze 50 Tar AZ the navy depart
rent fs concerned, by acting upon tne
findings aud conclusions Of the court
Of inquiry.
He approves the nndings Of fact
and the opinion OF the full court ne
approves the majority opinion where
there 10 a difference in the court; ne
holds that the court could not nave
entered into a consideration OF the
question OF command at the battle OIL
Santiago; and finally he accepts the
Recommendation that 20 further pro
ceediugs shall De had.
The secretary also has declined the
application Of Admiral sampson
counsel to enter uFson an inquiry in1o
the question OF command and has mott
fed Admiral SchIeyFs counsel OF that
fact as a reason for declining 70 near
them on that point Secretary Long
approval of the majority report was 40
follows:
t.The DEPARTMENT has read the tesh-
nuouy in this Gaze; the argument OF
COUNCIL at the tIfai: the courts md
fngs OF fart, opinion and recommends
ton. the individual MEMORANDUM OF
the presiding member the sta.snSht
OF exception 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 counsel
for Rear Admiral Sampson traSsrsing
the presiding members view as 70 wno
was in command at the battle OIL San
tiago.
And after careful consideration the
findings of fact and the opinion OF the
full court are approved.
AS TO the points On which the pre-
siding member differs from the ma
iority OF the court, the opinion OF the
majority lis approved
"As to the further expression OK
his views by the same member with
regard TO the question OF command on
the morning OF July 3, 1888. and OF
the title of credit for the ensuing VIC
tory. the conduct OF the court in max
ing no finding and rendering no op.
Union on those questions fs approved
indeed, it could with propriety take
no other course, evidence on those
questions, during the inquiry, having
been excluded by the court.
THE department approves the re
commentator of the court that no
further proceedings be had In the
premises.
"rhe department records it's ap
probation of the ardous labors OF the
Uhn1a court {EjRneI
John d. Long,
"Secretary OF the Navy"
The text of the secretary's letters &c
Admiral SIMPSONS attorneys and u
Admiral Schley follows:
Navy Department, Washington
Dec. 20, 19O1.-In view OF the depart
ment's approval this day Of the recon-
mendation of the court OF inquiry II
the case Of Rear Admiral Schley, that
NO further proceedings be had, and Of
the fact that he question OF command
was excluded from consideration By
the court, the department will take NJ
action upon the brief filed by you II
behalf OF Rear Admiral William T
Sampson. Very Respectfully,
John u. Long, Secretary"
"Mesgrs. Stayton, Campbell &c Theall
Johnston Building. No. 80 Broae
Street, New York"
navy DepdfLuSuL,
Dec. 20. 1901-Sir: Referring to the de
partment's letter of the 18th inst, yot
are advised that action today has beer
taken upon the findings, opinions ant
recomm en- datiOns of the court OF in
curry In your case, and upon the minor
fly opinion of the presiding member
and a copy of the Endorsement EN-
bodying such action is herewith trans
mitted for your information.
I'm response to your request OF tn.
18th instant, heretofore acknowledged
that II protest should be hled o!
Rear Admiral w. Il. Sampson RELATIVE
to the question Of control of the nava
force during the battle Of Santiag'
and credit for the victory won In tina
battle. you be accorded an opportunit.
to present, through your counsel, ora
argument against such protest, yo'
are advised that a brief on this sub
tect has this day been filed by Messrs
Stayton. Campbell e. Theall, counse
for Admiral Sampson.
"In view, however. OF the depart
ment's approval of the recommends
ton OF the court OF inquiry that NJ
further proceedings be had, and Of tn
fact that the question Of command wa
excluded from consideration by tn
court, no action will be taken upol
said brief, and reply to that effec
(copy enclosed) has this day beef
made to counsel for Admiral Sampson
"A copy of the report of the judg'
advocate of the court and his assis
tant upon your communication OF tn
18th instant. objecting to the approva
OF the findings of the court. Is alst
herewith transmitted. Very Respect
t1ses, ~r.--:~.ss
John D. Long, Secretary.
Rear Admiral Winfield s. Schley
u. 8. N, retired. the Richmond
Washington. D. c.
MAcLAY DEFIES ROOSEVELT.
Naval Historian Refuses Point 8iant
to Resign.
A.ou, vorl, nac % -Edrar g Mac