The age-herald., 1901-12-22
Wherever Dewey DissGnts Hs Agrees With the Other
 Two Officers QUESTION OF COMMAND NOT BEFORE THE COURT He Refuses to Take Action on Samp- sons Protest as Approved By Mi
 nority Report Made It
 Unnecessary.

OIHCCCoSdIJs
 Washington December 21.-Secretary Long has disposed finally of the Schley case, so far as the Navy Department Is concerning, by acting upon the find- ings and conclusions of the Court of Inquiry. He approves the findings of facts and the opinion of the full court. He approves the majority opinion where there is a difference in the court. He holds that the court could not have en- tered into a consideration of the ques- tion of command at the battle of Santi- ago, and finally he accepts the recom- mendation that no further proceedings shall be had. The Secretary has also de- clined the application of Admiral Samp- sons counsel to enter upon an inquiry vised Admiral Schley's counsel of that fact for a reason for declining to hear them on that point
 Long's Approval.
 Secretary Longs approval of the ma- jority report was as follows:
 "The department has read the testi- mony in this case; the arguments of counsels at the trial; the courts find- ing of facts, opinion and recommenda- tion; the individual memorandum of the presiding members the statement of exl captions to the said findings and opinion ! by the applicants, 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 Admiral Sampson traversing the presiding mem bers view as to who will be in command at the battle of Santiago.
 And after careful consideration the findings of fact and the opinion of the full court are approved.
 "As to the points on which the presid- ing member differs from the majority of the court. the opinion of the majority is approved.
 Dewey Did Wrong.
 "As to the further expression of his views by the same member with regard to the questions of command on the morn- ing of July B. 1898. and of the title to credit for the ensuing victory the con- duct of the court in making no finding
 
 tions is approved. and it could with pro- priety take no other course, as evidence on these questions during the inquiry having been excluded by the court.
 "The department approves the recom- mendation of the court that no further proceedings be had In the premises. "The department records its apprecia- ton of the arduous labors of the whole court. JOHN D. LONG. Secretary of the Navy" The text of the secretary's letters to Ad- miral Sampson's attorneys and to Admiral Schley follows:
 Navy Department. "Washington, December 2o 1901. "Gentlemen In view of the depart- ment's approval this day of the recom- mendation of the court of inquiry in the case of Rear Admiral Schley that no fur ther proceedings be had. and further the | fact that the question of command was excluded from consideration by the court the department will take no action upon | the brief filed by you in behalf of Rear Admiral William T. Sampson. Very re- spectfully, JOHN D. LONG. Secretary "Messrs Stayton, Campbell and Theail. Johnston Building, 50 Broad Street, New York
 Letter to Admiral SchIey. Navy Department, Washington. D. C., Dec. 2l, 1901.
 sir-Referrfng to the departments lei ter of the 18th instant. you are advised that action today has been taken upon the findings, opinion and recommenda- ton of the court of inquiry in your case and you on the minority opinion of ths present member. and a copy of the en- dorsement embodying such action is herewith transmitted for your informa- ton. In response to your request of the 18th instant, heretofore acknowledged. that if a protest should be filed by Rear 
 ton of command of the American forces during the battle of Santiago and credit for the victory won in that battle, you are accorded an opportunity to present. through your counsel. oral argument against such protest: you are advised that brief on this subject has thls day been filed by Messrs. Stayton, Campbell and Theall. counsel for Admiral Samp- son.
 In view. however. of the departments approval of the recommendation of the court of inquiry that no further proceed ings be had and the fact of command was excluded from consideration by the court. no action will be taken upon said brief. and reply to that effect (copy en- closed) has this day been made to coun- se for Admiral Sampson. A copy of the report of the judge advo- cate of the court and his assistant upon 
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