New Ulm review., 1901-12-25

counsel to enter upon an inquiry into
the question Of command and has
notified Admiral Schley's counsel of
that fact as a reason for declining to
hear them on that point.
Secretary Longs Statement.
Secretary Longs approval of the ma
| jority report was as follows:
"The department has read the testimony
in this case, the arguments of counsel at
the trial; the courts findings OF fact, opln-
ion and recommendations; the individual
memorandum of the presiding member; the
statement of exceptions, to the said find
ings and opinion by the applicant; the re-
| ply to said statement by the judge advo-
cate of the court and his assistant, and the
brief this day submitted by counsel for
Rear Admiral Sampson traversing the pre-
siding members view as to who was in COM
mand 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 presiding
member differs from the majority of the
court, the opinion of the majority is ap-
proved
LAS to the further expression of his views
, by the same member with regard to the
questions of command on the morning of
July 8, 1898, and of the title to credit for the
ensuing victory, the conduct of the court
in making no finding and rendering no Opln-
ion on those questions is apprOved-indeed
it could with prOpriety take no other course,
evidence on these questions, during the
inquiry, having been excluded by the court.
"The department approves the recon-
| mendatio of the court that no further
proceedings be had in the premises.
1.-The department records its appreciation
Of fi7no o~111 lo1 nf hn -1NIn 0n
(Sgned) JOHN D. LONG,
... Secretary of the Navy"
Letters to Sampson and Schley.
The text of the secretary's letters to
Admiral SIMPSONS attorneys and to
| Admiral Schley follows:
"Navy Department. Washington, Dec.
| 20, 19O1.-Gentlemen: In view of the depart
ment'sJ approval this day, of the recon-
mend at ton of the court of inquiry in the
! case of Rear Admiral Schley, that no fur
| ther proceedings be had and of the fact
! that the question of command was exclud-
| ed 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 respectfully,
JOHN D. LONG,
| Secretary"
s.Messrs Stayton, Campbell & Theall,
! Johnston Building, 80 Broad street, New
| Yorl!@
Navy Department. Washington, Dec.
| 20, 1901.-Sir: Referring to the depart
| ment's letter of the 18th instant, you are
| advised that action to-day has been taken
| upon the findings, opinions and recommen-
| dation of the court of inquiry in your case,
and upon the minority opinion of the pre-
| siding member, and a copy of the indorse-
| mefnt embodying such action is herewith
| transmitted for your information.
| SIn RESPONSE to YOUR request of the 18th
! instant, heretofore acknowledged, that if
| 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 Santiago and credit for
| the victory won in that battle, you be ac-
corded an opportunity to present, through
| your counsel, oral argument against such
! protest, you are advised that brief on
this subject has this day been filed by
| Messrs. Stayton, Campbell & Theall, coun-
sci for Rear Admiral Sampson.
SIN view, however, of the departments
| approval of the recommends ton of the
| court of inquiry that no further proceed
| ings be had, and of the fact that the ques-
| tion of command was excluded from con-
| sideration by the court, no action will be
taken upon said brief and reply to that
| effect Copy inclosed) has this day been
made to counsel for Admiral Sampson.
ga copy of the report of the judge advo-
) cate of the court and his assistant, upon
/ your communication of the 18th instant,
| objecting to the approval of the findings
| of the court, is also herewith transmitted
| Very respectfully,
JOHN D. LONG, Secretary.
| "Rear Admiral Winfield S. Schley United
States Navy, retired, The Richmond, Wash
ington, D. c.
Resignation of Mac1ay Demanded.
Washington, Dec. 23.-The following
order was made public Saturday after
noon by Secretary of War Root:
/ Navy Department, Washington, D. c.,
Dec. 20.-Rear Admiral A. S. Barker. Com