The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-12-24
Floating Dry Docks.
Navy DEPARTMENT. Decem

measures taken Dy the department. IN execution of the
act OF Congress OF the Sd of March last the subject
OF floating dry-docks, with appendages, at Philadelphia
Ktery and Pensacola
In the act making the annual appropriations for the
naval service for the year ending the Both of June 1885,
| is the following: =
That the Secretary of the Navy hereby directed to
terry, Philadelphia and Pensacola floating ay dock for
ships OF the ine with basin and railways Philadelphia
be preferred by the Secretary of the Navy said
dock at Pensacola to be mpleted with all possible de-
Pfopriaed towards said dock Kitey, fifty thousand dol
lars towards said dock at Phiadelpha, and hundred
and fifty Thousand dollars towards said dock Pensacola
aed' N' NV '''''"'s' 'pp'op''-
This enactment imposed the Secretary of the Navy
the duty OF causing to be constructed at the several navy
yards named the structures specified such plan as NAV
be preferred by him; and the means applicable to this
object were the sums of money respectively appropriated
for the purpose-that is to say two hundred and fifty
thousand dollars at Pensacola, and fifty thousand dollars
each for Philadelphia and Kittery The preliminary in
quiry was, necessarily, what plan of floating dry dock
was entitled to preference for construction at each of the
three navyyards' While could not construe the act as
adopting any particular plan did regard i as fair in
erpreaton that the plan preferred and selected by the
department was to be adopted for each OF the places, in
exclusion OF all others.
This inquiry involved scientific and mechanical nves-
legations, which did not feel qualified to conduct to sat
sfactory results and it desirable that the propre
tors of the several plans Of floating dydocks should pre-
sent with their own explanations and specifications their
respective inventions for consideration Under my drec-
ton, the chief OF the Bureau of Yards and Docks ad
dressed letter to each of the several proprietors or
agents who had offered their plans OF docks to the gov
ernment requesting them to state the respectively
on which they would construct dock upon their
era plans with and without basin and railways, and to
submit specifications OF their plans in detail. They were
also requested to state the price at which they would
each sell to the government the of their respective
privileges in OF the proposed
Not content to rely on my own judgment in deciding
on the plan OF floating drydock to be preferred, the
adaptation of which for shps-ofwar of very large dis
placement believed to be yet untred the depart
ent called to its aid board, composed of two expe
renced captains in the navy, two scientific engineers of
established character, and experienced naval con-
try for sound judgment and professional atianmens and
whose opinions on the subject of the relative merits of
competing plans of floating ary-docks had previously
at Washington and the goth Of April last instructions
were given, by my direction, the several points of
quiry which were deemed important in the investigation
transmitted herewith With these instructions tom the Bu
of Yards and Docks placed in the hands OF the board
all papers received from the several popretors OF patent
ed plans OF floating docks or their agents.
The board attenvey considered the propositions plans
and specifications submitted received the explanations of
sired to be heard; examined models prints and drawings
visited the navyyards of Philadelphia and Ktery, and
selected proper sites at EACH examined accurate charts of
the bay OF Pensacola and reports of former commissions
and witnessed at New York the process of docking and I'M
docking vessels the only two plans which known
to be In practical operations and, after deberatOn
ported to the department. the Sd day of June last the
result OF their investigation copy of this report is also
herewith transmitted.
AS the report embodes the substance of the several
propositions from poprietors of plans OF floating DOCKS
IT is not deemed necessary transmit copies Of these
vouminous papers with this reports but they. or those
relating to any practical plans of docks, will be commune
Gated to the committees OF Congress, if they shall be
CURED.
The report of the board referred to the Bureau of
Yards and Docks for an opinion; and on the 18th OF
June report made by the chief Of that bureau,
copy of which is herewith transmitted.
The law imposed on the department the duty of causing
cd aoa ifad NJ fha
several yards named 1t is known that at Phila-
delpha, kittery, and Pensacola there regularly
gained establishments for the purposes Of construction
and repair, with officers, naval constructors, mechanics
and laborers for whose salaries and pay appropriations
are annually made, and were made in the act which
contains the appropriations Tor the construction of the
floating dry docks
As general rule cannot entertain a doubt that all
work OF construction connected with the naval service,
directed by law to be done under control of the Navy
Department must be done Cat the yards) under the drec
ton of the officers and with the labor and materials en-
poyed and purchased as other public work at the navy
yards is dOne unless the law directs to be done BY con-
tract This posonis confirmed by the act of August TO-
1916, which authorizes the President certain cases. to
cause steamers to be built by private contract in
stead of being built at the navy yards otherwise would
have been necessary.
Each of the several plans of dock submitted to the de-
parment was patented nventoa and good faith would
not permit me to invade patent right by using patent
ed plan OF construction, without the consent of the pro-
Prietors. The Propretors of the two plans Of dock
known as the balance and sectional DOCKS their propo
shons in answer to the invitation of the department.
made in March last had not specified any price at which
the right to either patent right would be sold to the
departments and the prices contained in their proposals
for construction by contract greatly exceeded the
appropriated for the object at the three named yards
The chief of the Bureau of Yards and Docks, under
my direction, again addressed to the respective proprie
tors OF these two plans communications calling their
attention to this point of inquiry and requesting them
state theprlce at which the government would be per-
united to use the patent privilege in constructing the
docks authorized. They declined to make such an ar
rangement, but repeated the offer contract for the
execution of the work.
10 execute the law without violation of a patent
right the department had alternative but the
construction to be made by with the projectors
terms.
Until the department prepared TO enter into such
contract the public interest forbade the decision of pref
erence between these two plans Keeping that question
open, was the only means of procuring any competition
on the subject.
As did not perceive in the law authority 10 enter into
contract and the appropriations not adequate to
meet the necessary expenditures, doubted my auhorit,
to make such contract under the restrictions imposed on
section OF the act of Congress of May 1920 which do
cares that no contract shall hereafter be made by the
Secretary OF State, of the Treasury or of the Depar
ment OF War, or of the Navy, except under law au
thorzng the same under appropriation adequate to
It's fuhlmen and excepting, also contracts for the sub
ssence and clothing oil the army navg and contracts
by the quartermasers department, which may be made
by the Secretaries of those departments"
asked the opinion of the Attorney General on the
question involved, and he TO the conclusion that the
awdid not confer the authority In this view of the
laws entirely concurred. transmit copies OF my letter
to- the Attorney General, and of his reply communicating
h is opinion.