The age-herald., 1902-01-30

Washington. January 29.-The navy de-
 part ment has made public Admiral | Schley's appeal. delivered to the President
 about a week ago. The department comment will be published in day | or two.
 l Admiral Schley appeals to the President | as the chief executive and commander | in-chief of the army and navy, vested with power to regulate and direct the acts | of the several executive officers thereof | and he asks that the President review
 the findings of the court. He asks that this on three grounds, in each passing his appeal on the findings of Admiral Dewey, as opposed to the majority report. These three grounds are set out compendiousiy in the .'petition'' which fills about eight printed pages of pamphlet and IS sign ed by Admiral Schley and Messrs. Ray
 ner. Parker and Teague of his counsel.
 Attached to the petition are three exhib-
 it's A. and c, each made up Of copious extracts from the testimony talk en by the court of inquiry, and Intended to confirm the statements of fact made in the petition itself.
 In this latter document She first ground of appeals the holding of Secretary Long in his endorsement on the courts find ings that the conduct of the court in making no finding and rendering no opin- ion on those questions (that of command and of credit for the victory) is approved
 indeed, it could, with propriety, take no
 other course, evidence on these questions | during the inquiry having been excluded by the court" On this point lne petition l says that the secretary of the navy was |. .trfa olt lad I testimony to show that as Dewey said. | Schley was the senior officer in the bat l tie of Santiago; was in absolute command | and entitled to the credit due for the | glorious victory which resulted in the | tota. destruction of the Spanish ships. | On this point the petition says:
 Entitled to the Credit.
 And your petitioner. the applicant" before said court of inquiry now files with this petition argument, together with
 resume of the testimony taken during the inquiry insofar as it related to the question as to who was in command at the battle of Santiago, in support of his plea that the presiding member of the said court acted within his authority and jurisdiction in reporting his opinion as herein before set forth, and that the ma jority members of the said court failed in the discharge of most important duty deVOlV1nB upon them unuer the precept, III that they did not report their opinion upon the said question; that it was incum- bent upon such minority members to consider and determine the said ques- tion for the reason that only by so doing could they determine the propriety of the conduct of the said Schley in said battle since, it being a fact that he did as- sume command of the American forces therein engaged, his action would, in the absence O. the right and duty so to do, have been censurable and upon the ques- tions of right and duty and the propriety of his conduct in the premises the said Schley was entitled under the precept to a finding and an opinion from the ma jority members as from the minority members of the said court; and your pe- titioner respectfully requests that the said argument and resume of testimony | (which are attached hereto and marked | Exhibit be considered as part of his | petition and as the basis for his prayer for relief in the premises
 Therefore, the petitioner asks the Pres | ident to annul Secretary Longs endorse ment on this point and that he specif- | cally approve Admiral Dewey's state | ment declaring that Schley was in com