Waterbury Democrat., 1902-01-29
finding or opinion upon one of the most imnnrfanf SnacificatinnS

most important specifications.
 The third ground cites Admiral :, Dewey's opinion to the effect that:
 The passage from Key West to Cien- fuegos was made by the flying squad
 ron with all possible dispatch, having in view the importance off CienfuegOs with sufficient coal, that the blockade of CienfuegoS was effective; that the Adula was permitted to gain infor-
 nation; and finally that the passage from Cienfuegos to a point off Santi- ago was made with as much dispatch
 as possible, while keeping the squad ron q unit. The petition declares
 that this opinion, being at variance in
 certain points with the majority opin-
 ion, is the only one justified by the ev- idence and facts before the court, and it is asked that the secretary's approv al of the majority findings be set aside l and annulled in each instance where l it es at variance with Admiral Dew
 ey's opinion, and that the latters opinion should be approved for the | reasons heretofore set out in the bill of exceptions filed with the secretfry | of the navy. It Is also asked that the president annul that portion of Secfe- |
 ans to points on which the presiding
 member differs from the opinion of 1 the majority of the court, the finding | of the majority is approved, ana that | in place lie Substitute and approve the
 declaration of Admiral Dewey on these points above referred to- connecteu
 with the passage from Key west to Cienfuegos and thence to Santiaso. The petition concludes:
 And your petitioner most respect 1 fully states that only by the acton TOT
 which he prays in this relation can exact Justice be done him, Wlth1n tlle
 contemplation of the precept under which the said court sat anu whence | it derived its authority.
 .sAll of which is most respectruily
 submitted"
 Exhibit A Is an argument ana re- sume of testimony concerning me ques. fion of command during the battle ol Santiago. and comprises fully two thirds of the sixty-two printed pages which make up the petition and eA- hibifs. It discusses the right of the | court to consider the question of COIL mand: the fact as to whether or not It actually did SO; the propriety oI Dewey's opinion in regard to that question, and the action requisite 10 exact justice on this point. It is point ed out that the movement of the hy1ng souadron from Key West to Glen fuegos was one of the subjects or 1n- ouiry not specified in the precept. Therefore counsel hold that it is an 1n- contestable fact that the court was au- fhorized to determine the question or command at the battle of Santiago: It l is also declared that the record shows that Schley did actually exercise the powers and assume the responslDlltles of command over the American forces in the battle, and if he did this, in the absence of any right so to do. then, under the naval regulations. his con duct would have been grossly in subordinate and calculated to weaken the lawful authority of his proper commanding officer and as such would have been highly censurable, and should have been so held by the court =
 The counsel then take up the ques- tion of fact as to whether the court did actually entertain and consider the question of command and to determine l this point they submit a great number of excerpts from the official record of the court.
 1 As to the general obligation on the court to determine this question of | command the counsel declare that they l should have done so because:
 The question has never been con 1 sidered and determined by body of competent Jurisdiction having before it all the facts and all the parties inter- ested.
 1 "(b) That doubt existed as to
 who was actually in command at the
 battle of Santiago, there arose in the navy of the United States and among the people at large q controversy over this point. which controversy without being insugated, fostered or conn 1 tenanced by your petitioner. has waged
 for more than three years to the great detriment of the good of the service
 and to the hurt of those most con-
 cerned in the said question.
 l tcl. That in the course of the said
 controversy your petitioner was made
 the object of most unjust accusations
 directing his personal and public char. acter, which accusations were insnirad l bY those who sought to establish inc
 fact that he did not command ot tha I said battle, and that owing to said an.
 cusations he has suffered much in- l jury.
 ''td) That the said controversy
 brought about a condition which re-
 suited in all those persons present and
 participating in said battle being de.
 nied the rewards which q generous
 country is disposed to grant those who
 serve 1t well in war.
 te.) That the said controversy can
 only be terminated and justice done to
 those to whom justice is due upon the rendition by body of competent iuris-
 dlction, having before it all the facto
 and parties concerned. of the decision
 upon this question. which decision
 snail be final and conclusive.
 "f9 That such a decision will ra-
 suit in the betterment of the service
 by closing a deplorable controversv
 which now divides the service into hos.
 tile factions" --os'
 counsel next take up the question If
 the propriety and justice of Dewav,s
 opinion that Commodore Schley was
 in absolute command at the battle If
 santiago and is entitled to the credit
 or the glorious victory, and quote
 many excerpts from the testimony to eSta abIiSh the correctness If this con.