The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1902-02-06
-SCHLEY'S APPEAL
PETITION OF ADMIRAL TO PRES
lDENT MADE PUBLIC.
Question Of Command At Santiago Is Given
Prominent Place In the Document
Navy Departments Comment on the
Case Soon to Be Given Out-ProbabIy
the Same as Heretofore Expressed.

w aShllIktOht ~ W. Ooh' <ANAAAA' -
Schley's appeal to the president from
the findings of the naval court of inquiry
were made public this morning. Stated
briefly the appeal asks that the dissent
ing opinion of Admiral Dewey shall be
approved and that the findings of the
majority of the court shall be annuled.
The appeal was turned over to Secre-
tary Long several days ago by the presi-
dent, with instructions that the navy
department review and return it to the
president with q comment giving the
views of the department in the premises.
1t is understood the comment" has
been prepared and submitted to the
president.
The presumption is that the depart
ment has in no wise altered its opinion
of the case and that the comment will
recommend that the verdict of the court
of inquiry shall stand.
Three general grounds for objecting to
the majority findings are set forth by
Admiral Schley's counsel.
First, that the court erred in the opin-
ion expressed by the majority in ignor-
ing the question as to who was In COM
mand at the battle of Santiago and Of
the title to the credit for the ensuing
victory.
Second, the court erred in its majority
finding in the failure to report on the
necessity Tor, if any, and advisibility of
withdrawing the flying squadron at
night from the entrance to Santiago har-
Dor.
Third, tho court erred in its majority
finding in not agreeing with the presid-
ing officer of the court in all views ex-
pressed by him in his dissenting opinion.
The argument is as follows:
(a) BY virtue of his rank as second in
command of the squadron before San
tiago.
(b) 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 preset.
(c) The absence from the scene of ac-
ton during every moment of actual COM
bat of the regularly appointed COM
mander-in-chief of the American forces
before Santiago.
Id The fact that, under orders from
the department, the said COMMANDMENTS
chief had been temporarily detached
from duty as commander of the Ameri-
can forces before Santiago and assigned
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 harbor at Santiago, the commander
in-chief found it impossible to return to
any point whence, personally. or by
means of communication, he might re-
sumo his authority until after the battle
at every point had ended.
(f) The fact that whereas the COM
mapder-in chief 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 San
tiago and as senior line officer on the
spot during every moment of the actual
battle, could and did exercise authority
and command over the American forces
actually engaged.
Further argument On this question of
command is to the effect that Cook and
Clark, the two ship captains present at
the surrender OF the Colon, recognized
Schley's authority and also that Samp-
sons 'order of battle" failed entirely as
soon as the Spanish squadron succeeded
in passing beyond the westernmost ex-
tremity of the American vessels. All of
which, it is submitted, goes to prove con-
clusively that the individual opinion of
Dewey was eminently proper and wholly
justifable by the evidence and the naval
regulations.