The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-13
Miss Cleveland Manifests an Interest in the
Revival of the Silk Culture Industry by
the Women of the United States.
Auditor ChenOWeth Tries to Atone for
Violating the CiYil-Service Law.
The New Postal MISUNDERSTANDING
Mr.. Jonas-The New Whisky Frauds
Personal and General Notes.
THE DISPATCH BOAT DOLPHIN.
The Attorney-General Decides that 1t Can
not BE Accepted.

ho -UeheTa1 OcciueS tAaC AZ tdil-
not BE Accepted.
WASHINGTON, July 12.-Secretarv Endcott
left Washington to night for New York, to be in
attendance tomorrow at the meeting, in the
city, of the board appointed to examine the
means Of defense of this country, and to report
recommendations for additional Notifications.
Attorney general Garland has rendered deci
sion on the three points relative to the accept
ance of the Dolphin by the government sub
mitted to him by Secretary Whitney The
Attorney general holds that the vessel cannot be
accepted; that no contract exists between John
Roach and the government, and that the large
sum of money paid for the vessel may be recov
cred. Mr.. Garland says ''This vessel, the Dol
phin, has been found to be defective in three
particulars, two of which are fundamental.
That is to say, first, she does not develop the
power and speed which the contract calls for;
second, she is not stanch and stiff enough for
the service expected of her; and third, the gen
eral character Of her workmanship does not
come up to the requirements of the contract.
The contract contains express covenant as to
the speed of the vessel unless one is necessarily
involved in the specification for collective
covenant requires dispatch boat in conformity
to the aforesaid plans and specifications hereto
annexed, and in accordance with the provisions
of the acts of Congress approved Aug. s. and
March g. 1885, respectively, before mentioned,
and relating there; and l am of opinion that
this covenant bound the contractor as effectively
TO make ship of the sea speed of fifteen knots
as though he had agreed to do so in express
words" The Dolphin not having been con
structed in strict conformity with the act of
Congress in this respect, the Attorney general
assumes that it would not be according to the
act of Congress to accept her.
Further considering this matter, the Attorney
general says: 'Manifestly the Dolphin, which
| am bound to assume, in view of the report
but sufficiently strong, cannot, for this reason
alone be accepted by you under the contract.
The third objection, as to the general character
of the workmanship of the vessel, | need not
tAat if the vessel is otherwise than in accordance
with the contract, this objection can be
readily dealt with by you AS to
whether the government has been in any
way estopped or compromised by acts Of acqui
escence, as acceptance by the advisory board or
others / am of the opinion that the govern
ment stands unaffected by any such acts. This
must be the case necessarily if the law authoriz
ing the building of a dispatch boat is
to have effect. It's language is that mo
such vessel shall be accepted unless com
pleted in strict conformity with the act
with the advice and assistance of the
naval advisory board, and consequently
no acceptance of vessel not built in strict
conformity with the contract, could bind the
government Neither the Secretary Of the
Navy nor any officer under him had. any dis
pensing power over this stutute, the orders Of
which, appearing they do in a context dis
playing great soicitude for the protection of the
public interests, cannot be taken in any other
sense than as mandatory, without a plain disre
gard of the legislative intention"
Continuing at considerable length, and citing
prominent cases, in support of his argument,
Mr. Garland concludes 1T follows then that
no contract exists between 1Ir. Roach and the
United States, and that the large sums of money
which have been paid Mr. Roach, have passed
into his hands without authority of law, and
are held by him as 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 raid him by
officials holding fduciary relation to the gov
ernment having gone into the ship Dolphin. a
court of equity will follow it there, and for that
purpose entertain a proceeding against the ship
itself In support of this position l need do no
more than cite the recent decision of the Su-
preme Court Of the United States in the case of
the National Bank VS. Insurance Companyn