The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-07-23
THE DOLPHIN AGAIN.
Ex-Secretary Chandler Makes Few re-
marks Anent the Recent Opinion of At
torney. General Garland In the Dolphin

E1-Secretary Chandler Makes a Few Re-
marks Anent the Recent Opinion of At
torney- General Garland In the Dolphin
Case.
Boston, MASS, July 15.-EX-Secre-
tary Chandler has written to the Journal
In reference to Attorney General Gar
lands decision, that the contract with
Mr.. Roach to build the Dolphin is void,
that payments to 9Ir. Roach are illegal
and may be recovered and that the Gov
eminent should seize and hold the DOL
phin as security for repayment. Mr.
Chandler Says
"Mr. GarlaEd's and Mr.. Whitncy's as
sumed fundamental condition CT the
statute is nowhere contained in its terms,
1t approprates for four ships as recon-
NEEDED by the Naval Advisory Board.
They find that the Board recommended
that the dispatch boat should have a sea
speed of seventeen knots; and then they
say SUCH speed is vital prerequisite 10
be absOt uteiy guaranteed in any contract
for construction which may be made, al
: though by the express terms OF the law
the designs of the ship, in de-
tail, were TO be made by the
| Department, and the contractor was te
have nothing to say or do about them.
The proposition Is weak and slender,
with no foundation of law or sense TO
support it. 1t would seem as if the
newspaper report OF Mr.. GGrland's opin-
ion must be incorrect. At first he is
made to say OF the clause II the contract
that the ship should be built in accord
9nce with the provisions of the acts of
Congress-:
81 am of opinion that this covenant
bound the contractor as effectively to
make a ship of sea speed of seventeen
knots as though he had agreed to do so
I In express words"
But later he says Of the clause which
provides that the contractor shall not be
responsible for failure to develop 23c-
horse power, if it is not due to defective
work manship or material:
''The obvious intention of this was to
relieve the contractor'of all responsibility
as to the speed and power of the ship,
and therefore, he says it follows that the
contract exists between Mr.. Roach and
the United States and that he must pay
back all moneys received by him, and
hand over the Dolphin as security that ne
will"
This reasoning cen not be the work of
good lawyers. If Mr.. Roach did guar
antee speed as effectively as if he had
agreed to do so in express words, the
contract can not be absolutely void be-
cause elsewhere is G clause which re-
lieves him from guarantee of horse.
power. Let it be noticed that this
wicked assault upon Mr.. Roach by
two newly fedged Cabinet Ministers
revealing in misused power, is perpe-
trated solely for the assumed reason that
the Dolphin has net fifteen knots
sea speed, when intact, on every one of
her several trial trips, she has reached
fifteen knots, and the last trip was made
at sea in pursuance of the orders of Mr..
Whitney, but Mr.. Whitney, enraged at the
result, says the sea was not high enough
and fifteen knots sea speed means seven.
teen and half knots, when there is not
high sea, and upon this arbitrary as
sumption the whole fabric of outrage
committed by hirh is built.