The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-12-21
Secretary Long Finally Dispos-
es of Controversy.
Holds With Majority of Court
on All Points.
SAYS DROP 1T NOW.
Declines to Enter Upon Ques.
tion of Command
And Refuses to Hear Argument
on That Point.


mas disposed finally of the Schley case
so far as the navy department is con-
cerned. by acting upon the findings
and conclusions of the court of IN
quiry. He approves the findings of facts
the opinion of the full court: he ap-
proves the majority opinion where tier e
is difference in the court; he holds
that the court could not have entered
into a consideration of the question of
command at the battle at Santiago;
and finally he accepts the recommended
ton that no further proceedings shall
be had. The secretary also has declined
the application of Admiral SIMPSONS
counsel to enter upon an inquiry into
the question of command and has noti-
fed Admiral Schley's counsel of that
fact as a reason for declining to hear
them on that point.
LONGS 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
counsel at the trial. the courts findings
of fact, opinion and recommendation,
the individual memorandum of the pre-
siding member. the statements of ex-
ceptions to the said findings and opinion
by the applicant; the reply to said
statement by The judge advocate of the
court and his assistant, and the briefs
submitted by counsel by Rear Admiral
Sampson traversing the presiding mem
ber'sa views as to who was in command
at the battle of Santiago, and after
careful consideration the finding of facts
and the opinion of the full court are
approved.
'As to the points on which the pre-
siding member differs from the ma
jority of the court, the opinion of the
majority is approved.
LAS to the further expression of his
views by the same member with re-
gard to the questions of command on
the morning of July 3, 1885, and of the
title to credit for the ensuing victory,
the conduct of the court in making no
finding and rendering no opinion on
those questions is approved-indeed, it
could with propriety take no other
course, evidence on these questions, dur
ing 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 assiduous labors of the whole
court. JOHN D. LONG,
Secretary of the Navy"
THE SECRETARY'S LETTERS.
The text of the secretary's letters to
Admiral Sampson's attorneys and to
Admiral Schley follows:
Navy Department, Washington,
December 20, 1901
''Gentlemen-In view of the depart
ment's approval, this day, of the recon-
mendation of the court of inquiry in the
case of Rear Admiral Schley, that no
further proceedings be had, and of the
fact that the question of command was
excluded from consideration by the
court, the department will take no ac-
ton upon the brief filed by you in be-
half of Rear Admiral William T. Samp-
son. Very respectfully,
JOHN D. LONG, Secretary.
Fry1-
Johnston building, No. 80 Broad street,
New York.
Navy Department, Washington,
December 20, 1901.
"Sir-Referring to the departments
letter of the 18th instant, you are ad-
vised that action today has been taken
upon the findings, opinions and recon-
your case, and upon the minority opin-
ion of the presiding member and copy
of the Endorsement is hereby trans
mitted for your information.
In response to your request of the
18th instant. heretofore acknowledged.
that if a protest should be filed by Rear
Admiral 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
has this day been filed by Messrs. Stay
ton Campbell & Theall, counsel for Ad-
miral Sampson
I'm view, however, of the depart
ment's approval of the recommendation
of the court of inquiry that no further
proceedings be had, and of the fact that
the question of command was excluded
from consideration by the court, no ac-
ton will be taken upon said brief, and
reply to that effect (copy enclosed) has
this day been mailed to counsel for Ad-
mira1 Sampson. A copy of the report of
assistant upon your communication of
the 18th instant, objecting to the ap-
proval of the findings of the court, is
also herewith transmitted
VERY respectfully,
JOHN d. LONG, Secretary
Rear Admiral Winfield S. Schley. U.
S. N, retired. The Richmond, Washing
ton, d. c.
RAYNER IS INDIGNANT.
Baltimore, Md, Dec 21-Isadore Ray
ner attorney general of Maryland. and
counsel for Admiral Schley when shown
the decision of Secretary Long today,
declared that ''the whole proceeding is
arbitrary and tyrannical." and mani |
tested great surprise and indignation. |
THE court decided the ease,'' said he. |
without considering the testimony of |
Admiral Schley and his witnesses and |
Secretary Long seems to have decided |
t without SO much as permitting US to |
lie a reply to the protest filed by Ad- /
niral SIMPSONS attorneys.
This protest was filed late yesterday |
afternoon and just one hour ago we /
1nished our reply to it and sent it to /
Washington
las decided against Admiral Dewey |
md adverse to Schleyss being in COM