Evening star., 1901-12-16
Cease the Campaign of SANDER!

A deplorable result of the bitter Sampson
ScbIey controversy, as 1t now RACES, Is the
blow given to the cherished theory tnat
Americans believe in and insist upon fafr
play The Schley court was composed a1ter
close scrutiny and practical exercise OF the
right of challenge of men concedediy honor-
able able and impartial, men grown old IN
the service of their country Every one ap-
plauded the dignity. the strength and the
fairness of the court. and accepted In ad-
vance its verdict The courts finding has
now been rendered. and 1t appears from the
venomous recrimination of Schley and
Sampson partisans that all the members OF
the court have ceased to be men Of honor;
that Benham and Ramsay have prostituted
the opportunities of their judicial position
and become the tools of a conspiracy
against a brother officer In order to curry
favor with the Navy Department, which
employs certain of their relatives; and that
Dewey has descended from the bench to the
gutter has disregarded the evidence and
departed from the precept in base desire
to promote a low personal and political end
because the presidential bee is buzzing in
his bonnet Shame upon both sets of SLAM
derouS partisans,
The mud thrown at Dewey will not stick.
and as The Star and most of the newspa-
pers of the country read the findings of the
court no mud can be thrown at Benham
and Ramsay without bespattering Dewey
also.
A few of the over-zealous advocates of
Admiral Schley have treated Deweys sup
elemental expression OF opinion, dissenting
from or modifying the courts finding on
certain points, as If it contained the whole
of Dewey's decision and opinion in the
case. This view is clearly untenable, both
on grounds of legal construction and
grounds of common sense. No lawyer will
cOnstrue the opinions submitted in any
other way than that which views Admiral
Dewey as participating in those expressed
opinions of the court from which he does
not specifically dissent which he does not
specifically modify. And any other con-
struction would offend common sense in
that It would leave Admiral Dewey in the
attitude of expressing no opinion whatso-
ever concerning the most significant ques-
tiOnS submitted to him for answer by the
precept. and even of refraining from the
slightest expression concerning Schley's
personal conduct in answer to the sugges-
tion of cowardice. For 1t Is the court
which says that Schley's conduct during
the battle of July was Self-possessed and
he encouraged in his own person his subor-
dinate officers and men to fight courage
ously." If Admiral Dewey does not partic-
pate in that finding, he says nothing to in
dcate his view of SchIey personally. His
supplemental opinion merely declares on
the technical point that Schley was the
senior officer at Santiago, in absolute COM
mand. and entitled as such to credit for the
victory. In this light any assumption that
Dewey's whole decision of the case is en-
bodied in his supplemental opinion would
be unjust to Schley and would reflect upon
Deweys thoroughness in performing the
judicial task assigned him.
II Dewey does not participate in the
courts findings concerning the retrograde
movement. the attack upon the Colon, the
coal reports, the loop, and the treatment
Of HOdgson. the sooner the fact is made of
record by correction through enlargement
OF his supplementary opinion the better 1t
will be for all concerned. If he does par
ticipate in these findings he is as guilty
as Benham and Ramsay of the crime Of
deciding against Schley on the most serious
OF the issues presented by the precept and
must share with them the vitriolc abuse to
which they are now subjected.
How would it do to quit on all sides this
campaign of SANDER? Can not justice be
and blackguardly defamation? A libel suit
is suggested against Maclay. BY all means
punish him for his unsubstantiated charges
of cowardice But why should any one
place himself on the Maclay level by
viciously slandering such men as Benham
Ramsay or Dewey?