The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-07-17
The Government Docks-The Probable
sar,rss NJ fha Secrafary 0f fllo NaYv.

NOurSo OF the SECRETARY OF the Navys
We learn from Information derived from a re-
liable source, that the dock question has, for the
present, at all events, been set at rest We are
enabled to lay before our readers the details Of
he course taken by the Secretary of tae Navy in
she matter and the decision at which he ulti-
matey arrived.
The law OF Congress provides for the construc-
ton Of floating docks at Philadelphia, at Kit
terry, in Maine, and at Pensacola, Florida. In
order TO base his choice Of one of the number of
patented docks upon the decision in its favor, of
those most competent to give a fair judgment, by
reason of their professional skill and freedom
from bias, the Secretary of the Navy directed
circulars to a number of naval officers, engineers,
and scientific men of acknowledged merit, en-
curing of each whether or not he had ever ex-
pressed opinion, or whether he then enter
tanned any prejudice in favor of any particular
description Of floating dock. From those reply
ing in the negative, he formed a board to ex-
anime the several patented docks.
But as economy entered largely into the calcu-
lation of the respective merits of these inven-
tions, he directed the proper bureau TO Issue ad-
refreshments for proposals from the different pa
tentees, such proposals to contain specifications
Of prices. These proposals were called in before
the sitting of the commission; because, if be.
fore ascertaining the price of construction, the
board had decided in favor of any particular de-
scription of dock, the Department would have
been at the mercy OF the patentee, as there could
be no competition, the act of Congress being inn
psrative as to the construction of some dock, the
choice only being left to the discretion of the
Secretary. The various prices were accordingly
ascertained, the board sat, and having given the
merits Of each patent mature consideration, a
decision was made in favor Of the Balance Dock,
as best, and the Sectional Dock as second best,
the commissioners, however, declaring that in
none of these docks could they discover that en-
during solidity and strength that ought to char
asterize a national work, the best of the patent.
ed inventions requiring to be, in effect, renewed
every fifteen years, in the opinion OF the board,
and every twenty-five years in that of the paten-
tees.
The law Of Congress was, however, impera-
tive, and this reservation of the board, the Sec
fetary would feel compelled to overlook; but a
difficulty arose. The patentees would construct
the docks for a certain sum, but they would moi
dispose Of the right of constructing to the gov.
eminent. This would put the government tc
great inconvenience. They should discharge
their own workmen from the yards, or introduce
among them different set of artifcers undel
strange employers, thus causing interminable
confusion. The unpeasantness such course
would give rise TO Is easily appreciabe. On the
18th of June formal proposal was made by the
department to the patentees of the docks, approx
ed by the board, TO purchase from them the RICH
TO construct the docks on their plan. This pro
posal has been peremptorily refused.
But another and much more serious difficult,
arose The price of constructing these patente
docks exceeded the appropriation made by Con
gress. This appropriation is not special one
but occuD in the regular annual appropriation fol
the naval service for the year ending June 80
1SB. As such, the question occurred, does il n oil
come within the prohibition contained in the 9th
section of the act of Congress approved May l.
1920, satitled, "an act in addition to the severa
acts for the establishment and regulation of the
Treasury War and Navy Departments" which
provides, "that contract shall hereafter be
made by the Secretary Of State, or of the Trea.
sury, or of the Department of War, or Of the
Navy, except under law authorising the same
or under an appropriation adequate to its fulfil
mem" &c lNow, the appropriation made by Con.
gress at its last session, for the construction o
the floating docks, is not adequate to their com
pletion, and under these circumstances, the Sec
rectary Of the Navy doubted whether be coule
legally enter into contract for their construc
uon' Not trusting, however, solely to his own
judgment In the matter, he referred the question
we understand, to the Attorney General for de.
caion' and In accordance with that decision he
was determined to act.
After giving the subject all the attention which
It's imp rtance demanded, the ATTORNEY Csnarai
we lea the same source $500 az 10 q,