Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-07-13
NATIONAL AFFAIRS.
Attorney Gene Garland Renders q
Decision on the Dispatch Boat,
the Dolphin
John Roach Has No Contract With the
United States and the Vessel
Cannot be Accepted.
lnnr RnAcn,s DOLPHIN.

tne acceptance OF the Dolphin by the
government, submitted to bin by Sec
rotary Whitney. The attorney.gen-
cral holds that the vessel cannot be
accepted, that no contract exists be-
tween Mr.. John Roach and the gov
eminent ana that the large sum OF
money paid to him may be recovered.
MT. Garland saws: :" This vessel,
you inform me, has been found TO be
defective in three particulars, two OF
which are fundamental That Is 10
cay: She does not develop the power
and speed which the contract calls for.
.. She ~ not staunch and slitf enough
FOR the service expected OF her. 3. The
general character OF her workmanship
does not come up 70 the requirements
Of the contract.
Gas to the defect In the article Of
speed, the act Of congress under which
the vessel was built makes an appfO-
pTlation for the construction OF one
dispatch boat "a recommended by the
naval advisory board in It's report Of
December 90 1882 In reference TO
that the tolrd rec Jmmended the
N#IiAHAl W .'bAbI W Dilt hArUdNlD
vessel Of the clipper pattern
60 have sea speed Of Fl teen knots,
and take II as very clear that the
recommendation became, by force OF
this reference 10 II, ~ much part OF
The statute as though 1t had been re-
cited therein word for word The
contract contains no express covenant
~ 70 the speed OF the vessel, unless
one IL necessarily involved in the
stipulation for "A collective indicated
horse power of 300 tong, but its very
first covenant Is to construct a dis
pI,Ch boat In conformity with the
plans and specifications hereto an
nexed, and In ccJrdance with the
provisions Of the acts of congress ap-
proved August and March 3, 1893,
respectively, before mentioned and
relating thereto, and / am OF the opin-
ION that the covenant bound the
contractor az effectively 10 make
ship 'of the sea speed OF fifteen knots
81 though he had agreed 10 do 20 in ex.
press words"
The Dolphin not pRviug been con.
structed In stric. conformity with the
act Of congress Ia this respect, the at
torney'general assumes that IL would
seem 10 follow thst nothing short OF
an act OF congress could authorize her
acceptance.
Next considering the OF lection that
the vessel Is wanting ia the necessary
strength and Stiffness, the attorney.
general says III this defect exists, Us
must assume Il is fatal whether due
% the plans upon which the vessel
was butt or not, because by the
ninth clause Of the contract tine con-
tractor and his sureliea stipula,e
mat the vessel constructed under this
contract shall be sufficiently strony
10 carry the armament, equipment,
coal. stores and machinery prescribed
by the naval advisory board ~
Farther considering this pDlnt, the
encouragement says: "Manifeslly
t1e Dolphin, which / am
51uud 20 assume in view oil
the report accompanying your
communication Is anything but sun.
GENTLY strong, cannot for this reason
alone be accepted by you under the
contract, the defect mentioned being
fundamental IN character.
The third objection a. b. the gen.
eral character OF the workmanship OF
the vessel need not stop to consider,
Ia view ofyour representation that IL
the vessel IS otherwise in accordance
with The contract, this objection can
be readily dealt with by you, the con-
tractor being ready anu willing to
make the vessel satisfactory. A TO
whether the government has been in
ANY way estopped or compromised by
sc.s OF acquiescence, approval or &C
Ceptance by the advisory board or
OTHERS, / am of the opinion
tlht the government stands
unaffected by any such acts. This
must be the case necessarily
Il The law authorizing the building OF
= dispatch boat il to have effect, lts
language Ii that mo such vessel shall
he accepted unless completed In strict
conformity with the contract, with the
advice and assistance OF the naval ad.
visory board, and consequently no &C.
ceptance OF vessel not built
in strict conformity with the
contract could bind the gov
eminent. Neither the secretary
OF the navy, nor any officer under
himi had any dispensing power over
this statute, the words of which, ap-
pearing ~ they do, accordingly dis
playing great solicitude for the protec.
tion of the public interests, cannot be
taken in any other sense than as man.
datory without plain disregard Of
the Legislative intention
Continuing az considerable length
aud citing prominent cases in support
OF his arguments Mr.. Garland con.
ciudes ut follows. then, that no
contract exists between Mr., Roach
aud the United States, and that the
large sums OF money which have been
paid Mr.. Roach have passed into his
hands without authority OF the law.
and are held by him as 40 much
money held and received TO the use of
the United States, and may be recov.
cred from him, and not only so, but
.he money thus paid him by officials
holding tiduclary relations to
the government having gone
into the ship Dolphin,
court OF equity will follow IL then, and
Tor that purposes entertain proceed.
tag against the ship itself In support
OF this position need do no more than
cite the recent decision OF the supreme
court OF the United States in the case
OF the national bank va. an insurance
company"
rhE COLOMBIAN REBELS FRUs.
WASHINGTON, July l2 Senior