Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1901-12-26
LONG UPHOLDS MAJORITY.
His Ruling in the Schley 1nquiry-A
Rebuke to Admiral Dewyy Given
No Further Proceedings.

Washington, Dec. 22.-Secretary Longs
approval of the majority report OF the
Schley court, announced yesterday, was as
follows:
'"rhe department has read the testimony
in this case, the arguments OF counsel at
the trial, the court S findings of fact, oph-
ion and recommendation, the individual
memorandum of the presiding member,
the statement of exceptions to the SAID
findings and opinion by the applicant. the
reply to sad statement by the juug -ad-
vocate of the court and his assistant, ana
the brief this day submitted by counsel
for Rear Admiral Sampson traversing the
presiding members 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 point on which the presiding
member differs from the opinion of tn .
majority of the court, the opinion OF the
majority is approved.
las to the further expression or MS
views by the same member with regard to
the questions OF command on the morn
ing of July 3, 1893. and Of the title to credit
for the ensuing victory, the conduct ot
the court in making no finding and render
ing no opinion on those questions is APP
proved-indeed,it could with propriety take
no other course, evidence on these que =
lions during the inquiry having been *
cludcd by the court.
"The department approves of 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.
JOHN d. LONG.
Secretary of the Navy"
The text Of the secretary's letters to Adj
miral SIMPSONS attorneys and to Admiral
SChlcy follows:
Navy Department
Washington, D. c., Dec. 81 1901.
Gentlemen: In view of the department 3
approval this day of the recommendation
of the court of inquiry in the case of Rear
Admiral Schley, that no further proce"'-
ings be had and of the fact that the queS-
ton of command was excluded from con
sideration by the court. the department
will take no action upon the brief filed by
you in behalf of Rear Admiral William
#. Sampson Very respectfully,
JOHN D. LONG, Secretary.
Messrs. Stayton, Campbell TIL all,
Johnston building, 80 Broad street. New
York.
TO SCHLEY'S ATTORNEYS.
Navy Department.,
Washington, D. C.. Dec, q, 1901
Sir Referring to the department. let
ter of tie 18TH INST, you gre dNNlStti llldl
action has to-day been taken upon the
findings opinions and recommendation OF
the court Of inquiry in your case, ami up
on the minority opinion of the presiding
member. and copy of the Endorsement
cmhodying such action is herewith trans
mitted for your information.
In response to your request of the 18Th
inst, heretofore acknowledged. that if u
protest should lie filed by Rear Admiral
w r Sampson relative to the question Of
command Of the American naval forces
during the battle of Santiago and credit
for the victory ~or in that battle, You be
accorded an opportunity to present.
through your counsel, oral argument
against such protest, you are advised that
a biief on this subject has this day been
filed by Messrs. Stayton, Campbell and
TEeall, counsel for Admiral Sampson.
In view however. of the departments APP
proNal of the recommendation nf the court
of inquiry, that no further proceedings be
had, and of the fact that the question of
command was excluded from considera-
tioa by the court, no action will be taken
uron said brief. and reply to that effect
copy irc0selD has this day been made to
counsel for Admiral Sampson.
A copy Of the report OF the Judge advo-
cate of the court end his assistants upon
your communication Of the 18th inst,
ob;ccting to the approval of tho findings
of the court, IL also herewith transmitted.
Very respectfully
JOHN ID. LONG, Secretary.
Rear Admiral Winfield s. SChlcy. United
States navy, retired The Richmond,
Washington, d. c.
COURT OF INQUIRY DISSOLVED
Following is the text of the letter sent
by Secretary Long to Admiral Dewey
yesterday afternoon, dissolvng the Schley
court of inquiry:
THE court of inquiry, of which you are
the president. convened by department :