The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-30
ADMIRAL SCHLEY'S APPEAL.
PRESIDENT TO SAY WHO
COMMANDED AT SANTIAGO.

was Entirely Ignofeu rhcop' w Hu-
m,rsi Dewey-Deciares That the MA
,ority OF tho Court Rejected the
whole OF the Testimony Given by the
Appiicant and His witnesses. and by
pecilning TO Pas Upon That Testi-
mony Deprived Him Of His Common
Law and constitutional Rights.
W.surSoroN, Jan. 29.-Rear Admiral
schley's appeal from the findings Of the
scbley Court Of Inquiry was made public
to-day. Il consists OF sixty-two printed
races and Ii divided into four parts. the
srst n general statement Of the grounds fer
the appeal, and the others, which are entitled
.xbibits. devoted to argument In support
of Admiral Schley's contention. Each part
is addressed to President Roosevelt, and
10 stoned bv Admiral Schley. who styles
himself The Petitioner and his counsel,
I.idor Rayner, James Parker and Nj. A.
league.
The appeal is different In character fro
the bin Of exceptions submitted TO the
Secretary OF the Navy before the findings
and opinion of the oourt Of inquiry were
acted upon by him. in that 1t is devoted
entirely 10 supporting the statements
favorable 10 Admiral Schley made by
Admiral Dewey in his separate report as a
member Of the court. None Of the state
ments made by the court as a unit In con-
demna,ion of Admiral Schley's conduct
in the Santiago compaign Is questioned.
one of the reasons given by the petitioner
fpf the necessity OF deciding In his favor Is
that such a decision will close "a deplorable
coGtroversy'' which now divides the
service into hostile factions n has pre-
vented persons who participated In the San
iiago victory from securing reward In
the petition proper Admiral Schley says
that his application for relief Is based on
three grounds. The first OF these Is tho
contention that the Secretary OF the Navy
was not justified in holding and was not
voted with authority and jurisdiction to
holl that the court could not with pro-
prietv have passed upon the question OF
command in the engagement OF July 8.
II Is maintained also that Secretary Long
was in error in stating that evidence concern
ing the question of command, upon which
Admiral Dewey submitted an opinion,
was excluded by the court during the
inquiry.
Admiral Schley maintains that Admirals
Benham and Ramsay. whom he calls the
majority members Of the court, failed
In the discharge OF the most important
duty devolving upon them under the pre-
cept, in that they did not report their opinion
upon the said question:" and that IL was
incumbent upon them to determine this
question for the reason that only by so
doing could they determine the propriety
Of the conduct OF the said Schley In said
hattie The President Is asked to set aside
and annul the statement OF the Secretary
Of the Navy in his Endorsement OF the courts
findings and opinion that IL could not with
propriety consider the question Of CON-
mand, and also specifically to approve
Admiral Dewey's opinion that Schley was
in absolute command and entitled TO the
credit for { he victory.
Tho second ground for the appeal IL that
the concurring members OF tho court
have failed utterly and entirely 20 report
their opinion upon the question OF whether
or not a close or adequate blockade OF
Santiago harbor was established and the
propriety Of Commodore Schley's conduct
IN the premises. as IL by the eighth specihca-
ton required IL is maintained that this
eighth specification was considered during
the inquiry -as one Of the most important
points therein involved The President II
al. ii TO approve Admiral Dewey's opinion
at -ths blockade Of Santiago was effec-
tive
The third ground concerns the passage
Of he Flying Squadron from Key West "a
NlenlNeEur, the biDfhdut VI 1iftlhfkOr
the Efforts Of Schley 90 ascertain whethef
thr spanish squadron was In tina harbor
and the passage 81 the Flying Squadron
FROM Cienfuegos 20 the point where y
stopped. about twenty-five miles south ol
SaldagO. After quoting Admiral Dewey
opiuion that the passage IRON Key West
go Cleafuagos was made With all possible
drSJ atch. that the blockade OF l1enfuegos
Wa effective. that la permitting the steam
slip Adula To enter Cleniutgos haIDii
- H.. - a. LNAgan lHNnTIuNNlnI
concerning the spanish squadron, aud that
plzsags from Gleuiuagor Wa mai" Win
~ much despatch AS was possible W keep
iug the squadron a unit. ~" statement u
made by Admiral Schl.y that this opinion
h. AZ yAnauo. in rita particulars with ths
opinion rep rts-i by the ma majority 81 a." court
Aid h. maintains that admiral Dewey .
opinion u the only one {usuhsd 10y ga" eNl'
drno. aud facts The President IL asksi q
~ aside the q ur's opinl"n on th"-s lohi'
AMI Ito Secretary ~ the NAyy's Indoors
mrut It u aDd sJrohoaly y" apPf"N'
Admiral D.ssy's oplnlon
81 tie SiItY-No printed Iases Of th'
aIIral fory-hy" a.. "mhfa"d ~ "a
iiaI A, xlhrN b. entitled argument and
i.s mr ~ O. stlmony.' hut Nllch h de-
tuirf entirely % slppoHinF thn oont"h'
Uat n Admiral scilsy has-d on illr opiniut
- Admiral D-ssY that h. ~Hs 10 ~i~"luis
glnnaHd in the engagement SHh 'sfs"ia .
Oct aUd D. rnlilnd a. tho ri"it tof iis
flfoB. ln suppuu - thts ounisfilui
uAuF IaErs ~ testimony add a~fHhtnrhi
lsaHd % llr osuH afr sIhintii"d,
lbs hfs psnf maln a. this osnt .nilun
BE- iiaf DO ulun iad iin HShh ahi tla
aufiluB a. sHtnrtalH and dHtufuip4s to
l-aUsilHH # NhH aas ln niultpaiid ~ iir
AnrufaI fHnf sIlHN Destroyed tlsu hlah
3D. A. ila HIatrufunf "a iaaas ti.ai iisp
.ufu di NflIHf ui. fuH'irfH ~ sisHN
"a us D 80 n uaaf.H if.H 49, has -
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