River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1901-12-26

counsel to enter upon an inquiry into
the question of command and has
notified Admiral Schley's counsel of
that fact as a reason for declining to
hear them on thatpoint.
Secretary Longs Statement.
Secretary Longs approvalof the ma
jority report was as follows:
"The department has read the testimony
in this case the arguments of counsel al
the trial. the courts findings Of fact. opin-
lon and recommendation; the individual
memorandum of the presiding member; the
statement Of exceptions to the said find
ings and opinion by the applicant the re-
ply to said statement by the judge advo-
cate of the court and his assistant, and the
brief THIS day submitted By counsel Tor
Rear Admiral Sampson traversing the pre-
siding members view as to who was in COM
mand at the battle Of Santiago
And after careful consideration the
findings of fact and the opinion of the full
court are approved.
GAS TO the points on which the presiding
member differs from the majority of the
court the opinion of the majority is APP
proved.
"As to the further expression of his views
by the same member with regard to the
july 3. 1898 and of the title to credit for the
ensuing victory the conduct of the court
IN making no finding and rendering no opin-
ion on those questions is unprecedented
# could with proprlety take no other course,
evldGuce on these questions, during the
inQufy, having been excluded by the court
'The department approves the recon-
mendation of the court that no further
proceedings be had In the premises.
THE department records its appreciation
Of the arduous labors of the whole court.
(Sgned) JOHN d. LONG
Secretary of the Ma ""
letters 10 sampson and SchIey.
The text of the secretary's letters to
Admiral SIMPSONS attorneys and to
Admiral Schley follows:
Navy Department. Washington, Dec
90. 1901 Gentlemen: In view of the depart
ments approval this day, Of the recon-
mendation OF the court Of inquiry In the
e. % OF Rear Admiral Schley, that no fur
Their proceedings be had. and OF the fact
that the question of command was eXclud-
ed from consideration by the court, the
department VIII take no action upon the
brief filed by you in behalf Of Rear Admiral
William T sampson Very respectfully,
JOHN II. LONG.
Secretary"
"Messrs. Staytou, Campbell & ThealL
Johnston Building 80 Broad street. New
York"
Navy Department. Washington. Dec.
20 1901 Sir: Referring to the DEPART
ment's letter Of the 18th instant. you are
advised that action to-day has been taken
upon the findings. opinions and recOmmen-
dation Of the court OF inquiry In Your case.
and upon the minority opinion Of the pre-
siding member, and a copy of the indorse-
meint cmhodying such action is herewith
transmitted for your information
I'm response To your request Of the 18th
instant. heretofore acknowledged that II
a protest should lee filed hy Rear Admiral
w, n. Sampson relative to the question OF
command of the American naval forces
during the battle of Santiago and credit for
the victory won IN that battle. YOU be ac-
corded an opportunity 20 present through
your counsel oral argument against such
protest You are advised that brief on
this subject has this day been filed by
Messrs Stayton, Campbell & Theall. coun-
sci for Rear Admiral Sampson
In view, however. cf the departments
approval of the recommendation of the
court Of inquiry that no further proceed
| iugs be had. and OF the fact that the 0les-
! uon Of command was excluded from CO A.
| siderauon by The court. no action viii bt
taken upon said brief and reply to that
eject tcopy iuclosedl has this day beer
| made TO counsel for Admiral Sampson
"A copy ot the report of the Judge advo.
cate Of the court ard his assistant, upor
Your communication OF the 18TH instant
! ohiecting to the approval of the finding,
Of the court, is also herewith transmitted
| Very pectfully.
JOHN u. LONG. Secretary.
Rear Admiral Winfield Schley United
| States Navy retired, The Richmond. Wash
inst9u H. c."
designation of MacIay Demanded.
Washington, Dee 23 The following
ordtrNa made public Saturday after.
noon by Secretary Of War Root:
''Eayy Department Washington. n e.
| Dec, -1-Rear Admiral A. S, BarkSr. Com.