New-York tribune., 1901-12-21
REPLYING TO SCHLEY.
THE BILL OF EXCEPTIONS AN
.SWERED.
SECRETARY LONG EXPECTED TO Ap.
PROVE THE UNANIMOUS CON
CLUSIONS OF THE COURT.
TBY TELEGRAPH TO THE TRIBUNE

[BY TELEGRAPH THE TRIBUNE.l
Washington, Dec. 2O.-The final official dispo-
sition the Schley case is regarded clearly dis
closed in the recommendation made to Secretary
Long by Judge Advocate General Lemly to-day.
which adopts the view that approval should be
given 10 those findings Of the court which have
the concurrence Of all three of its members It
IS believed that the Secretary will take this ac-
ton tomorrow. and that the case viii not by
any possibility be reopened. The court, which,
though nominally in existence, has not been in
session since its conclusions were reached will
be formally dissolved It is the understanding
that this action, ignoring the dissent of Admiral
Dewey from certain findings of the majority
and his dictum touching the command at the
battle Of Santiago, will fully meet the protest
fled in Admiral Sampson's behalf to-day, with
out compliance with its request specifically to
disapprove Admiral Dewey's opinion
Judge Advocate General Lemly and Solicitor
Hanna this afternoon submitted to Secretary
Long their report on the bill of objections filed by
Admiral Schley, through his counsel, TO the find
ings Of the court Of inquiry. In substance the
port is an argument supplementary to the argu-
nent made by the writers before the court Of in
Quiry. The principal points are an insstence
on the contention that the first report is the
unanimous report Of the court of inquiry: that
Ine OoNEb was JuSIlueQ IN reJecClg AOnllTai
Schey's evidence by the number of witnesses
who took issue with him, and that there is no
sufficient reason for reopening the case.
The report, appears from its text is solely
that Of Messrs. Lemly and Hanna, and such
It laid before Secretary Long The Secre-
tary said this afternoon that he would not act
on the report to-day. He added that he also
would withhold action to-day the other
matters connected with this issue, namely, Ad-
rniral Simpsons appeal and Admiral Schleys
request to be allowed to be heard by argument
on this appeal. and the findings Of the court
of inquiry itself There was an intimation,
however that all these matters would receive
attention tom orrow, and would be finally dis
posed of so far the department is con-
cerned.
Early in the day Admiral. Schley became
aware of the fact that the protest Of Stayton &
Campbell, on behalf of Admiral Sampson, had
reached Secretary Long, and he requested that
an official copy of the protest be furnished TO
him. but was informed that, as the protests OF
both the Admirals at that time were being con-
sidered by the Judge Advocate General, the Sec
retary could not take immediate action the
request Secretary Long went over TO the White
House some time before the Cabinet meeting,
and it is understood, took with him the two
documents
If Secretary Long approves the reconnenda-
ton OF Captain Lemly and Mr.. Hanna II is said
on good authority that Admiral SchleyS coun-
sci viii ask the President to appoint board or
three eminent lawyers, one to be selected by
himself and one each to be selected by Admiral
Schley and Admiral Sampson, this board TO
weigh the evidence and report TO the President
It is said there are precedents for such action