Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-07-16

strong which the Dolphin is not. These
are fundamental defects, not to be
smoothed over by any advisory board
"'rhe provisions of
the contract binding the United States to
accept the vessel on the approval Of the |
naval advisory board" says the opinion,
''are in my opinion void and inopera-
tive because Congress intended that the
full and ultimate responsibility for carry
ing out the law should vest in the Secre-
tary OF the Navy.
But, beyond these questions, lies the
all important one whether there was any
valid contract at all between Mr.. Roach
and the United States and this question
the attorney general answers in the mega
tive, upon the principle of law that mas
much as the contract is an entirety and
constitutes one indivisible covenant, the
inyahdity or illegality of any element
thereof vitiates the whole contract. This
vitiating defect is thus set forth:
But the ninth clause Of the contract pro-
vides that should the engines OF the vessel
contracted for fail to maintain successfully
on the trial trip for six consecutive hours a
power OF $500 horses, the vessel shall be
a ;cepted, nevertheless, II 1t appear salts
laetorlly that the shortcoming was not
owing either to defective workmanship or
materials. In other words it was to make
no difference how much the engines should
be wanting in power, and consequently how
far short they should fall of propelling tile
ship at the speed required by the law, it
| being impossible to dissoeiate power from
| speed, if there was no defect In the work
| manship or materials.
The obvious intention OF this was to re-
i lieve the contractor of all duty and res
| possibility as to the speed and power Of the
ship and make it feasible to force upon the
United States II ship wanting in the prime
| quality ofspeed and fundamentally different
| from what Congress authorized and was
| DESTROYS to secure. 1t needs no further
| discussion to show that what was thus
attempted was wholly out OF the question.
1t follows then, concludes Attorney
between Mr. Roach and the United States
and that the large sums of money which
have heen paid Mr.. Roach have passed
into his hands without authority of law
and are held by him as so much money
had and received to the use of the United
States, and may berecovered from him. And
not only so, but the money thus paid him
by officials holding tiduciary relation to
the government having gone into the ship,
a court of equity will follow it there and
for that purpose entertain proceeding
against the ship itself
This is understood rs au intimation
that the government will sue Mr.. Roach
for NIL the payments that have been made
on the Dolphin, holding the vessel mean
while us security for the claim. The
eventual adequacy of such security, after
the protracted litigation which might be
expected, would seem very questionable.
II is further claimed that, under the
attorney-generals construction, the other
err isers being built by Mr.. Roach are
liable to be likewise rejected.
II is clear, and this wasapprehended by
other iron shipbuildcrs at the time that
+ proposals were asked for, That the into mt
Z |
very convenient for Mr.. Roach to built
= these boats and very iuconvenient for any
= one else to build them. For example th,
specifications called for steel that SHOULD
stand very severe test Of tensil,
+ strength; such test MS in the opinion o
e some builders of large experience, coul,
hq ia1 I'll
Il by them that the rigor with wlIicl
= this test should he applied wo,llt
II depend very much upon whom tile con
p tractor might he; that il Mr.. Roach shoul
IS receive the contract, ways and menn
IS should he found of easing up on him
e while. should the contractor he some ON
le else, and especially should he he som
Al one not in tull harmony with the the
le administration, he would be held to til
Of most rigid accountability and the spec
90 hcnti0hs enforced with extreme exact
IL tude. This feeling that nobody lr
at Roach can afford 10 bid" was preyale n
s' and i was exactly this feeling that XII
We nearly all the honest builders of III
RI nation out of the competitions
r. 1t Is only necessary 10 mention oi
or matter in the construction Of Il
" Dolphin TO show the soundncss
ne this apprehension. The steel for I'll
I'M shafts Of the vessel lid not come up
OF the requirements Of the contract the IA
'ld that the advisory board felt consiruil,
en- TO condemn ii would argue that it W
Nc quito markedly lacking in the tcnsi
~ strength specified Such being the cas-
ON 1T Mr. Ronrhs drsiro,he was permitted
m substitute iron shafts. Does any 81
i've believe that, had one of our Wilningt,
ers slipbuildmg firms been the contractC
les the naval board would have been
Ger accommodating
w, Tho choice by the trustees of Dciawa
''' College IF the Rev. DR.. Caldwell us pre-
80 dent Of that institution is n surprise
'''' the community, as few had heard of I
'"H reverend gentleman asan aspirmt for I
~ position. Dr. Caldwell is. Il ripe scho
W. ana Possesses executive ability a
"'e nobility of character that urged Ii
almost from the moment of his conf
among us to the commanding position
'n' the ministry which he has since retain
- and which even slight acquaintance "
- =, him sufiices TO impress upon one is rig
up fully his due The only drawback to
"'' usefulness has been a fpclilCuGss of hpnl