Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-11-05

Va DeibS uCbCAulIOu " JuoAS'oA eolO o-eA
be found by the court upon proof to be
advanced by tie respective parties, and
for the purpose Of such determination her
value shall be deemed to be the price
specified for her in exhibit. A plus
amount covered by orders issued by the
Secretary Of the Navy for alterations and
additional work, minus whatever sum, if
any, shall be found by the court necessary
to have been expended in order to make
said ship when transferred 10 the Govern
ment, conform TO ard represent all per-
formsnce on the part Of the parties of the
first part of the obligations binding upon
them in the construction thetof; said
steamship shall be deemed to have repre-
sented at the time OF such transfer to the
Secretary Of the Navy the amount thus
determined in satisfaction Of any lien,
claim or demand which the Government
may maintain.
In connection with this agreement, the
following letter, previously written BY
Secretary Whitney is furnished as an ex-
planatory Of the action taken:
wHITNEY's LETTER.
NAVY DEPARTMENT,
WASHINGTON, October |.
Kessrs John Roach, Leri Kerr aud r.
r. Whitney:
SIRs:--Having heretofore communicA.
ted to your council views Of the Depart
ment in reference TO what may reasonably
be done by the Government in the matter
Of the steamship Dolphin, l now, in
accordance with his request, embody
the same for your consideration in
this formal proposition. 1t isofpro6t to
no one that she should be as at present
q constant expense undergoing detoriors-
ton. She represents either ship completed
according to contract which should be &C
cepted BY the government, (Which is your
clsim) or she represents property upon
which the government has lien for amounts
largely in excess of any sum likely to be
realized from enforcement thereof In
latter event the ship must answer to the
governm ent to whatever extent they will
reach to pay. Having been built fcrs naval
vessel she is Of very doubtful market val
ue. In my judgment she should come 10
the Government leaving it 10 be settled by
judicial determination hereafter whether
your claim is correct that she ebould be
accepted under contract or claim of the
Government correct that she must answer
for the lien created by moneys advanced in
course OF her construction. Neither Of you
object to q speedy and fair settlepent OF
the questions at issue by judicial determ-
ination, though unnecessary hardship to
either. The important thing, as far ss
| am able to see, to be covered by the stip-
ulstion, are that transfer of possession to
the Government shall not work acceptance
under contract unless udiciously demand
ed, that you are entitled to compel such
acceptance by inStitutipg a suit for toe
balance Of the purchase money unpaid.
That question can be speedily determined.
In that event judgment Tor the balance
will settle the controversy, but in the event
that law and facts should be found other.
wise the transfer Of the ship to the
Government shall then be consid-
cred to have been in recognition Of the
right Of the Government 10 the foreclosure
of it's lien for moneys advanced in the
course OF construction, aud iu lieu OF hard.
ships which would result from judicial eale
of the vessel not built for merchantable
purposes (Harsh manner Of liquida,ing
Governments claim can see 10 rea-
SON why the following should no: be resort
ed to as Q reasonable and just deposition
Of the question as to the value Of the ves-
sci for The purpose Of satisfying the lien
Her value as naval veste shall be sssum,
ed to be the poatract pFce, II she is found
in all respects up TO requirements
legally biLding upon you 10 her corstruc.
ton she will be taken BY the Government at
that price, otherwise she will be taken st
such less sum as shall be found necessary
to be spent upon her 10 make her pR IL eli
respects 10 such stanissd. In other
words tie Gcssrnnent takes ter and We
expedite The determination by court
whether she is taken and accepted as for
valid and completed contract, or iE rstis:
faction Of the .ieg sSd method ofdetermin,
irg her yslue Tor the purpose oilien is agreed
upon reasonably and fairy. Iu all other
respects the rights Of psrtiss ase 10 be un
affected, Very respectfully,
tSignedl W, c. WHITNEY,
2anratarv nf The Nayv