Evening star., 1901-07-27
Precept in the Schley Case the
Current Topic.
SCOPE OF THE COMING INQUIRY
Some Friends Of the Admira
Criticise the Instructions.
MR.. LONGS EMEN T

The precept issued by Secretary Long for
the guidance of the Schley court Of in
quiry was the theme of general discussion
in army and naval circles today. AS shown
by the publication in yesterdays Star the
order is addressed to Admiral Dewey, as
president of the court, instructing him con-
corning the matters to be investigated.
While 1t directs that the "entire matter
of Admiral Schley's conduct during the op-
erations in West Indian waters shall be
investigated making use of the very words
employed by Admiral Schley in his letter
to Secretary Long, 1t also selects certain
distinctive acts of the rear admiral con-
cerning the facts and propriety of which 1t
calls for particular investigation.
Points Covered.
These points cover briefly Admiral
Schleys alleged delay with the flying
squadron at Cienfuegos, the rate of his
progress toward Santiago. after leaving
Cienfuegos, the "retrograde" movement to-
ward Key West, the effectiveness Of the
bombardment of the Spanish feet at the
ranges used in the reconnaissance Of May
81, the state of the coal supply on various
ships, when he telegraphed the department
that he would return to Key West; the
loop Of the Brooklyn at Santiago; the
accuracy Of his reports and matters relat-
Ing TO the controversy between nlIH anu
Commander Hodgson over the alleged col
loquy which is said to have taken place
aboard the Brooklyn when the%loop was
made during the naval engagement OH
Santiago With the exception of the last
two counts the others practically sum up
the criticisms Of Admiral Schley's conduct
made by Secretary Long to the Senate,
which the Secretary characterized as
Schley's ''reprehensible conduct. one or
the important points in the precept Is the
direction to the court to report In Its con-
clusions 'all the pertinent facts which 1t
may deem to be established, together with
it's opinion and recommendations In the
premises"
Secretary Lcng's Statement.
Secretary Long made the following state
ment about the precept:
''It is simply an enumeration Of the facts
that have been. to use the applicants own
words, under discussion;' they are referred
to informally and suggested to the court
as matters which have been under dis
cussion and, as such, should be inquired
into by them. They are enumerated in ac-
cordance with the general rule that when
inquiry is made the person interested
should have notice beforehand, as far as
possible, of all the specific things about
which inquiry is likely to be made.
Every effort was made" the Secretary
personal as possible The Secretary read
each specification, calling attention to the
care with which 1t had been prepared.
1.-The statements are not presented as
facts" the Secretary continued: they SIM
ply repeat what has been set forth In the
newspapers, and Admiral .Schley declares
that he wants complete investigation. The
precept is in the usual form observed in
the preparation OF documents of like char
acter Issued for the guidance of courts OF
inquiry. 1t Is the legal right Of an officer
to know specifically the matters affecting
his conduct which are to be investigated.
z ic ,of fhof hjc Ch ho co NO ly
to the officer under investigation, but to
the court which is making the investiga-
ton. In the preparation Of the precept the
department was careful to avoid anything
that looked like an accusation. 1t SIM
ply mentioned the points which, to use Ad-
miral Schley's own phrase, have been mat
ters under discussion.
The Precept Criticized.
Some friends Of Rear Admiral Schley
criticised the precept, saying that the de-
partment had by the language employed
endeavored to influence the court before it
began to take evidence. To justify this
contention they called attention to the d.
rection that the court should investigate
1.-The circumstances attending, and the rea-
sons for, the disobedience by Commodore
Schley of the orders Of the department
contained in its dispatch dated May 25,
1895" Secretary Long explained that the
word "disobedience' was used because In
his own message to the Navy Department
Commodore Schley stated, Much to be re-
GREETED, cannot obey orders of the depart
ment.'
No Reference to Maclay.
The Secretary's attention was called to
the fact that the precept contained no ref
erence to Maclay's History Of the Ameri
can Navy" to which Rear Admiral Schley
made particular reference in his letter ask
ing for an investigation.
'It was not necessary to mention that
book" said the Secretary. 1T would have
been unfair to use the language employed
by the author. Besides, the accuracy or
falsity of the statements made by the au-
thor will be determined by the conclusions
of the court. Should there be any addi-
tional matters which Admiral Schley de-
sires inquired into the court will comply
with his wish. The purpose Is to have
complete investigation"
Regarding the instructions to the court
to submit recommendations, the Secretary
added that the court might commend Rear
Admiral Schley and recommend him for
promotion, or it might find reprehensible
conduct on the part of other officers, which
would necessitate further action.
Preparation of the Case.
Judge Advocate General Lemly, who was
designated as judge advocate Of the court,
will now proceed with the preparation of
his case. He will examine all documents and
that the sessions of the court will be very
protracted. The probabilities are that the
court will sit for several months. more
than likely until after Congress convenes
in December next.
The judge advocate has found that for
tunately nearly all of the persons whose
testimony Is desired before the court are
within the limits of the United States and
are accessible. Judge Lemly has not yet
decided who these witnesses shall be. They
may be taken from the navy, from the
army, from civil iife-including some of the
newspaper correspondents-and 1t Is even
probable. In view of the recently published
Interview of Capt. Eulate of the Spanish
navy that he will be called as witness
and even Admiral Cervera himself II Ad-
miral Schley, In whose interest nearly all
these parties have spoken, cares to cali
them. OF course, the court Of inquiry has
no authority to compel the attendance of
Spanish officers. and 1t Is doubtful whether
they would respond to the summons, but
the opportunity will be afforded
It Is likewise true that civilian testf-
mony cannot be compelled, for notwith-
standing repeated efforts In the past TO
secure the passage Of law giving courts
martfals and courts Of inquiry this power.
Congress has been too jealous of the powes.
| of the military branches to clothe them
with the authority they seek 1t might
also be noted that no per diem can be al