Evening star., 1901-12-16

w
be complete vindication for his conduct.
This matter. however he said, was too
far in the future to receive specific con-
sideration at this time but the work for
the present was that of getting congress
sional action.
Mr.. Pearre realized that this might be
difficult of accomplishment, and he also
realized, he said, that there was danger OF
the investigation partaking of politics, but
there was no alternative, as the finding OF
the court such to make it necessary
that further steps be taken to right the in
justice which has been done to Admiral
Schley, who. though he might have had
lapses on minor matters during the cam
paign, the result was such that the Ameri-
can people could not afford to let his official
record go down in history as that of a
coward.
The resolutions which Mr. Pearre will
present to the Maryland delegation have
not been definitely decided upon. He said
that their specific form would depend upon
the conference which is to be held; that it
was desired that the delegation act as a
unit in the matter, and the recommended
tions made at the conference would be
acted upon in the matter of the resolutions.
Impression at Navy Department.
So far as is known the Navy Department
has not yet been informed as to the line of
action to be followed by Admiral Schley in
this matter beyond the fact, disclosed
this morning, that he would file formal
objections to the approval of the report of
the court. There is an impression at the
Navy Depart :nent that today's action IS
preliminary to an effort to obtain either a
reconsideration of the case by the present
court or an entirely new hearing by new
court composed of other members.
Secretary Long Somewhat PerpIexed.
There is naturally great curiosity to know
what action Secretary Long will take with
the reports submitted by the Dewey court
provided he decides against another inves-
tigation. 1t is known that he is somewhat
perplexed in the matter, in view of the un
certainty as to the position of Admiral
Dewey, especially with reference to the
question of his concurrence with all the
findings of the court, except those to which
he demurred in his individual report.
An embarrassing feature of the situation
IS that while the Secretary might be willing
to approve the main report and the recon-
mendation that no further proceedings be
had it is felt that he could not consistently
approve the individual report of Admiral
Dewey without completely reversing him
self on the main point of contention as to
what officer was in command Of the squad
at the battle of Santiago bay. AS a
lawyer, 1t is said that Secretary Long
agrees with the view taken by Judge Ad-
voCate General Lemly and other military
lawyers. that in signing the main report
Admiral Dewey subscribed to all its con-
clusions to which he did not dissent in
his separate report.
Dewey's Special Report.
1t is contended that if Secretary Long
failed to make any Endorsement on the spe-
cial report of Admiral Dewey 1t would
practically amount to disapproval of that
report and place the Secretary of the Navy
in apparent antagonism with the admiral
of the navy on the vital question as to
whether Admiral Sampson or Admiral
t1o6 fn nF ho
naval victory at Santiago. 1t is regarded
as unfortunate that the report of the court
is not of such nature that it can be
acted upon finally as whole by the Sec
retary of the Navy as the final reviewing
authority. In case the Secretary disap-
proves of Admiral Dewey's supplemental
report it is said there would be no necessity
for returning the report to the court for
elimination, as has been suggested as a
necessary preliminary to such action.
1t is explained that the Secretary's ap-
proval or disapproval of the main report
would effectually close the incident SO far
as the official records of the Navy Depart
ment are concerned. Action on the major
ity report alone. it IS said, would clearly
disclose the position of the Navy Depart
ment, without regard to the supplemental or
minority report. In view of the new COM
pication which has arisen, it is not regard
eo as likely Secretary Long will be able to
act in the matter for several days.
Dewey Has Nothing to Say.
Admiral Dewey. president of the court,
today was asked for a statement as to the
extent to which he indorsed the findings of
the majority of the court. 81 have not
word to say" he replied, mot a word.
View of Law Officers.
Law officers of the army and navy, while
not willing to be quoted in the matter, are
practically unanimous in the opinion that
Admiral Dewey in signing the main report
- tha 20
personal Endorsement to every statement
of fact and expression of opinion contained
therein, with the exception only of such
conclusions as are contained in the So
called minority report expressing his indi-
vidual opinion and findings.
These officers say that their conclusion on
this particular point is in conformity with
the invariabe practice of courts of law
with regard to all documents or papers
signed by an individual as the representa-
tive of himself and others.
1t is said at the Navy Department that in
the absence of any statement by Admiral
Dewey to the contrary it will be officially
considered that he indorsed all the state
ments of facts, findings and the recon-
mendat1On, signed by him president of
the court, except where he specifically ex-
pressed contrary views or findings in his
short individual report.
From Secretary Long down all the Of
fcials of the Navy Department decline to
comment on the Schley report in any man
ner or form, except that Captain Lemly
and one or two others expressed their
views briefly as to Admiral Dewey's in
dorsement of the courts findings.
The Courts Recommendation
The brief Recommendation is accepted
as the action of the full court inasmuch
as it explicitly states that 'the court rec
ommends no further proceedings be had in
the premises" Thereupon a question arises
If that is the unanimous recommendat ton of
the court, why was 1t separated from the
main report if that document also was the
unanimous jurgment of the court except
in so far as the separate report of Admiral
Dewey is concerned.
Another point that is made against the
separation of the reports into three parts
is that while Admiral Dewey personally
says that Admiral Schley was in absolute
command (at Santiago and is entitled to
the credit due to such commanding officer
for the glorious victory, which resulted
! in the total destruction of the Spanish
ships he, inferentially, at least. Joined
with his colleagues in the recommendation
The phraseology Of the recommendation. as
understood by some naval officers, means
practically that the court would have rec
commended further proceedings but for the