The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1885-07-23
BAD FOR JOHN ROACH.
Attorney General Garland Holds
that the Dolphin Cannot
Be Accepted.
Washington dispatch. ]

Attorney General Cortland has rendered de-
csion on the three points relative to the accept
ance o. the Dolphin bv the Government. sub
mitted TO him by Secretary Whitney. He holds
that the vessel cannot be accepted; that no con-
tract exists between Mr.. John Roach and the
Government: and that the large sum of money
paid TO him for the vessel may be recovered.
Mr. Garland says:
This vessel, you inform me- has been found to
be defective in three particulars, two of which
are fundamental: First, she does not develop
the power and speed which the contract calls
for; second. she Is not stanch and stn
her; and third, thes general character
OF her workmanship does not come up
to the requirements OF tine contract. As to the
defects in the article Of speed, the act of Con-
gress under which the vessel was built makes
appropriation for the construction OF -one
dispatch naval boat as recommended by the
Naval Board In the report OF Dec. 20, fS2." The
board recommended the construction OF -one
dispatch vessel or clipper to have a speed of
fifteen knots" and ] take 1t that the recommen-
dation became, by force OF this reference to IL,
as much part of the statute as though IL had
been recited therein. word Tor word.
The Dolphin not having been constructed in
strict conformity TO the act OF Congress-, the
Attorney General assumes that nothing short
of an act of Congress could authorize her ac-
ceptance. II the vessel is wanting in the
necessary strength and stiffness, as reported,
the Attorney General says the defect
is fundamental, and sufficient TO warrant her
the character OF tho workmanship, the Attorney
General says IL can be dealt with by Secretary
Whitney, provided the contractor is willing and
ready TO make the vessel satisfactory. The
Attorney General concludes:
AS to whether the Government has been in any
wav estopped or compromised by the acts OF
acquiescence, approval, or acceptance by the
advisory board or others, am of the opinion
that the Government stands unaffected by any
such acts. This must be the case, necessarily, IL
the law authorizing the building OF dispatch
boat is TO have effect. Its language is that mo
such vessel shall be accepted unless completed
in strict conformity with the contract, with the
advice and assistance Of the naval advisory
board and consequently, no accept
ance of the vessel not built in strict conform
ity with the contract" could bind the Govern
ment. Neither the Secretary of the Navy nor
any officer under him had any dispensing power
this statute, the words of which, appe. ring
they do in a context displaying great solicit
tude for the protection OF the public interests,
cannot be taken in any other sense than man
datory without plain disregard of the inten-
ton.
1t follows, then, that no contract exists be-
tween Mr.. Roach and the United States, and
the large sums OF money which have been raid
Mr.. Roach have passed into his hands without
authority of law, and are held by him SO
much money held and received TO the use OF the
United States. and may be recovered from him;
and not only so, but the money thus paid him
by officials holding a fiduciary relation to the
Government having gone into the ship Dol
phin, court of equity will followft there, and
for that purpose entertain proceeding against
the ship Itself.