The bee., 1901-12-26
Secretary Longs approval of the
ma aioritY report was as follows:

majority report was as follows:
THE department has read the testi-
mony I'm this case, the arguments of
counsel at the trial; the courts findings
OF fact, opinion and recommendation;
the individual memorandum OF the pre-
siding member, the statement of excep-
TORS to the said findings and opinion by
the applicant; the reply to said state
ment by the Judge advocate of the court
and his assistant and the brief this day
submitted by counsel for Rear-AdniraI
Sampson traversing the presiding mem.
ber's view as to who was in command
at the battle of Santiago.
And after careful consideration the
findings Of fact and the opinion of the
full court are approved.
LAS to the points on which the presid-
ing member differs from the majority OF
the court, the opinion OF the majority Is
approved.
''As to the further expression of his
views by the same member with regard
morning OF July 3. 1895 and of the title
to credit for the ensuing victory, the con-
duct of the court in making no nnding
and rendering no opinion on those ques.
tions Is approved-lndeed, 1t could with
Dropriety take no other course, evidence
on these questions. during the inquiry,
having been excluded by the court.
1.-The department approves the recon-
mendation of the court that no further
proceedings be had in the premises.
THE department records its apprecia-
tion Of the arducus labors of the whole
court.
lSignedl JOHN ID. LONG,
Secretary of the Navy"
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-
ment's approval this day, of the racom~
mendation of the. court Of inquiry in the
further proceedings be had, and of the
fact that the question of command was
excluded from consideration by the
upon the brief filed by You in behalf of
Rear-Admiral William I. Sampson.
Very respectfully,
JOHN ID. LONG, Secretary"
''Messrs. Stayton, Campbell & Theall,
Johnston building, No. 30 Broad street,
New York"
"Navy Department.
Washington. Dec. 21, 1901.
Sir: Referring to the departments let
ter of 18th inst, you are advised that ac-
ton to-day has been taken upon the tind-
ings, opinions and recommendations CT
the court of inquiry in your case. and
upon the minority opinion Of the prestd-
ing member, and a copy of the indorse-
ment embodying such action is herewith
transmitted for your information.
I'm response to your request of the
18th inst, heretofore acknowledged, that
If protest should be filed by Roar-Ad
miral w. T. Sampson relative TO the
question of command of the American
naval forces during the battle of San
tiago and credit for the victory won in
that battle. you be accorded an oppor-
tunity to present, through your counsel,
oral argument against such protest, you
are advised that brief on this subject
has this day been filed by Messrs. Stay
ton. Campbell & Theall, counsel for Ad-
miral Sampson.
"In view. however of the department 3
approval of the recommendation of the
court of inquiry that no further pro-
ceedings be had and of the facS that the
question of command was excluded from
consideration by the court, no action will
be taken upon said brief ard reply to
that effect (copy inclosed) has this day
been made to counsel for Admiral Samp-
son.
"a copy of the report of the Judge ad-
vocate of the court and his assistant,
upon your communication of the 18th
inst, objecting to the approval Of the
findings Of the court. is also herewith
transmitted.
Very respectfully,
JOHN ID. LONG, Secretary.
"Rear-Admiral Winfield 8. Schley. u. S.
Mvy. retired, the Richmond. Washing
ton. ID. c."