Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-29

W bluHt lnOsc VINO serve " Wen III
war
le) That the said controversy can on
" be terminated ana justice done 10
those 10 whom justice Is due upon the
rendition by body Of competent iurs.
dicton, having before II all the facts
and parties concerned, Of the decision
upon this question, which decision shall
be final and conclusive.
% That such a decision VIII result
IN the betterment Of the service by clos
Ing q deplorable controversy which now
divides the service into hostile factions
that further such a decision VIII per-
petuate IN history the true facts sur.
rounding one Of the greatest naval con-
illcts OF modern times and one Of the
greatest naval victories ever achieved
bv this country.
90 That IN asking for q court 10 pass
upon his conduct during the war with
Spain, your petitioner expected by such
action and IT'S consequences TO secure a
Judgment 30 final and conclusive as 20
terminate the said controversy and re-.
lleye the service OF q most baneful con-
tcntiou
(h) That in this respect his desire
was shared by the navy department,
which created the court and vested II
with ample authority IN the promises.
CD That under the circumstances and
conditions herein set forth It became The
duty Of The said court TO pass upon
this question, 70 The end That the said
controversy might be terminated the
truth properly perpetuated In history.
Justice done the deserving and the good
Of the service conserved
JUSTICE or DEWEY's OPINION.
Counsel next take up the question Of
the proprlety and Justice Of Dewey
opinion thai Commodore Schley was In
absolute command IN the battle of sam
tiago. and Is entitled to the credit Of
the glorious victory, and quote many
excerpts from the testimony TO cstab.
lish the correctness ~ this conclusion.
T. Is retited that Sampson giBudlrd 10
Disregard motions comManderii,
chief when nc started eastward That
morning thereby confrTng command
unOn Schey, and the naval regulations
are cited at length on This point 10 d.
asserted that the New York did not
reach the scene OF the lest surrender OF
Spanish ships until one hour ana thir-
teen minutes after the battle ended,
and thai at 9.3j on the morning Of July
the New York was out of sight OF
every shin Of the bl0ckadng squadron
but one making Il impossible for her
10 communicate with any of them,
Counsel also cite Secy. Longs state.
ment 10 the Senate that sampson was
proceeding toward Slhoncy when The
Spanish ships emerged, under orders
fral1 the department to confer with
Sharter, and II is held that these orders
detached him temporarily from his
command 50 that Schley was actually
In command at the battle for the fol.
lowing reasons
WHY sCHLEY WAS IN COMMAND,
(a) BY virtue of his rank as second
In command Of the squadron before
Santiago,
90 BY virtue of his rank as senior
line officer on the spot, authorized by
the regulations for the government OF
the navy Of the United States" to as
sumo command In such situations, and
to direct the movements and efforts OF
all persons in the navy present,
(c) The absence from the scene Of
action during every moment Of actual
combat OF the regularly appointed com
marder.i chief of the American forces
before Santiago.
(dl The fact that, under orders from
the department, the said commandment.
chief lad been temporarily detached
from duty as commander Of the Amer
lean forces before Santiago, and as.
signed to the discharge OF certain Other
duties, which orders he was obeying at
the time the battle began.
(e) The fact that being so engaged
In the discharge Of such detached duty
at the time the Spanish ships emerged
from the horbor of Santiago, the com
mander-n-chief found II impossible to
return to any point whence personally
or by means of communication with
the ships actually engaged IN the con-
ilict he might resume his authority UNI
I'll after the battle at every point had
ended
% The fact that whereas the com.
mander-in-chlf could not and did not
exercise command over the squadron
at any time during the actual conflict
Commodore Schley. as second In com
mand of the American forces before
Santiago and as senior line officer on
the spot during every moment OF actual
battle could and did exercise authority
and command over the American forces
actually engaged
SCHLEYS SENIORITY RECOG-
NTyIgn