The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-07-20

The patentees of both docks expressed strong dsn
cnaon to sell to the government the privilege Of using
their respective rights
The Secretary of the Navy returned to Washington
from North Carolina the 10th day of june and, after
careful examination of the report the 25th of June
directed the Chief of the Bureau of Yards and Docks to
inform the patentees that it indispensable that he
should know the terms on which the government will
be allowed the privilege of using the patent-rght of
each of the floating docks mentioned at the three places
Philadelphia, Kery, and Pensacola The patentees
again refused to- sell the patent right for the purpose
On the h day of July the Secretary of the Navy request
ed of the Attorney General his opinion the question of
the power of the department to enter into contract and
on the 18th of July received that officers opinion, Ga copy
of which we publish below) OF It's correct EXPOSE
ton of the law the Secretary of the Navy had doubt
and, it is presumed, none be entertained. On
the 18th Of July, Mr. Gilbert, proprietor of the bal
ance dock submitted alternative proposals for construct
ing the dock at Pensacola by contract at reduced price,
and in direct reference the appropriation but dependent
on material notifications of the dimensions proposed by
the department in the circular of the 10th of March
These have been declined and the determination of the
Secretary announced to be, TO decline entering into
tract for the construction of dock at any OF the
the circumstances shall enlarge the powers of the depart
ment with such limitations and restrictions as shall be
deemed Just and proper In the time, he will pro-
coed in the expeditions and economical manner to
collect materials necessary meethe objects OF the law
and applicable to such plan may be adopted.
The Secretary has not made a preference OF plan OF
dock because, when that is done, all competition ceases
but his purpose is execute the law to the extent OF the
means appropriated without infringing the patent rights
OF the propreors and the necessary orders have been
given to carry this purpose into effect
ATTORNEY GENERALS OFFICE, 18th July, 1si7.
SIR: had the honor to receive your communication
the Sth instant, requesting my opinion whether the
Secretary of the Navy has authority by law, upon the
statement of facts therein contained to enter INTO con-
tract for the construction of certain floating dry-docks.
specified in the act of Congress approved 80 March, 1917
By the aforesaid act of Congress- entitled An act ma
king appropriations for the naval service Tor the year
ending the Both june SlS' the Secretary OF the Navy is
Corrected TO to be constructed at each OF the navy
yards at KteIy, Philadelphia, and Pensacola, a float
ing dry-dock for ships-of-the line with basin and rail-
ways Philadelphia and reference thereto at the other
places such plan as may be preferred by the Secreta
~ of the Navy he @ aoGS at and ,h TO Os y
sand dollars hereby appropriated towards said dock at
Kitery fifty thousand dollars towards said dock at Phlla
depha and two hundred and fifty thousand dollars
wards said dock at Pensacola, out OF any money in the
treasury not otherwise appropriated.
1t appears from the statement OF facts in your letter,
that such measures have been adopted as were deemed
best calculated elicit the necessary information to en-.
able the department. in pursuance OF the directions OF
said act to make selection OF the preferable plan ior
the construction of the said docks II turns out however
upon investigation that the choice is limited TO two pat
ented nventions-nether of which be adopted with
infringing the rights vested in the paentees, unless
satisfactory arrangement be made for their use 1t
further appears that the patentees have each respectively
declined to sell or grant to the United States authority TO
their patent rights to permit their use except by
contract made with them for the construction of the
works Competition OF course is excluded and the prices