The Montgomery advertiser., 1901-08-02
THE ORDERS
 DISOBEYED Schley'S Request is Turn v cd Down. PRECEPT IS UNCHANGED santlago's 5 70 Admitted Failure tos e'ey Long.
 -c- Vacancy on the 's t of Inquiry Caused by Admir- 2 ximberley's Application HAsSot xea
 Been Filled.

Washington, Aug. 1.-Formal action in the matter of the Schley court Of inquiry was today confined to the dis patch of letter to Admiral Dewey, stating that The Department herewith transmits corics of letters dated July 27/ and August l. respecting the pre- cept under which the court of inquiry in the case Of Rear Admiral Schey is to be convened"
 The court. through Admiral Dewey, has already been supplied with a print ed copy of the precept itself. The cor respondence referred to is Admiral Schley's letter suggesting the omission of the Departments expression of opin- ion touching his alleged disobedience of orders. and the reply from Acting Sec retary Hackett declining to make this modification. It is very rarely that a precept containing court of inquiry is amended. The departments action. 1t is stated. while technically declining Admiral Schley's suggestion, does. however. in fact. amount to an amend ment on the lines pointed out by him. As indicated in the letter to Admiral Dewey this correspondence will form a part of the record and in fact Is supplement to the precept and of as much force as the original document.
 Vacancy Not Filled.
 The vacancy on the court caused by Rear Admiral Kimberly's application to be relieved has not yet been filled. It is believed that the department is communicating by wire and letter with some of the retired Rear Admirals who are regarded as on the eligible list. It is understood that the name of the person selected will not be published until he has finally accepted the as- signment.
 Captain Parker of counsel for Ad- miral Schiey continued his work at the Navy Department today of scanning the log books and other records bear ing upon the operations of the West Indian fleet. He hopes to finish this week. He is maintaining a close si- lence of his discoveries. if he has made any. The log books are watched with jealous care at aH times. In the pres ent instance a keen-eyed young lieu tenant watches the turning of every page of the volumes to make sure there shall be no alterations or exci- sions.
 The following are the letters that have been passed between Admiral Schley and the Navy Department re- sepecting the precept:
 Great Neck, N. Y, July 27, 1901.
 ''Sir-I have the honor to acknowl- edge the receipt of the departments communication of July 26 instant, in- closing copy of order converting. pur- suant to the request contained in my communication of the 22d instant, court of inquiry.
 Paragraph Objected To.
 "Inasmuch as the court is directed to investigate, and after such investiga- tion. report a full and detailed state ment of all the pertinent facts which 1t may deem to be established. togeth- CT with its opinion and recommends tions in the premises, I would respect fully suggest to the department that Paragraph of the department precept which is as follows, The circumstances attending and the reasons for the dis obedience by Commodore Schley of the orders of the department contained in it's dispatch, dated May g, 1898, and the propriey of his conduct in the premises. be modified so as to omit the departments expressing it's opinion, and thus leave the court free to ex- press it's own opinion in that matter.
 Very respectfully.
 'W. S. SchleY. Rear Admiral. Hon. John D. Long, Secretary of the Navy" The Navy Department reply is as follows:
 Navy Department,
 Washington, August 1. 1901. "Sir-The Department has received your letter of the 27th ultimo, in which | Nyn hn copy of the order converting at your request q court of inquiry to investi- | gate your conduct during the war with l Spain and suggests that paragraph 5 | of said order directing the court of | inquiry to inquire into the circum- stances attending and the reasons for | the disObedienCe by Commodore Schley | of the orders of the Department. etc | he so modified as to omit the Depart | ment expression of opinion and thus leave the court free to express it's own | opinion in that matter.
 Disobedience Established.
 Tn reply you are advised that the | precept calls for an inquiry by the | court and the entertainment of per tnent facts. For the purpose of set ting on foot this inquiry, the precept | treats certain matters as established. ] such for instance as the arrival of the flying squadron off Cienfuegos and off Santiago; the retrogade movement westward. the turn of the Brooklyn ] on July 3. 1898. and the fact that you disobeXed orders as reported by you in your telegram lated Kingston May 2S, 1898, in which you say: Much to be regretted. cannot obey orders of the Department
 "Inasmuch. however. as it is the De- purpose that the court shall be absolutely free to report. if such shall be found to be the case, that you lid not wilfully disobey the orders. or that you were justified in disobeying hem. and that this may be clearly un- ierstood. your letter of the 27th ultimo. with copy of this reply. will be duly forwarded to the court.
 "VerY respectfully,
 IF. w. Hackett,
 Acting Secretary" Rear Admiral Winfield s. Schley,