Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-07-15
BILL CHANDLER
Fires on Criticism on Attorney General
Garland's Dolphin Decision.

Fires On n Criticism on Attorney General
Garland's Dolphin Decision.
BosToN, July l4.-Hon. W. f. Chandler,
ex-Secre ary of the Navy, has write d let
ter to the Journal in reference to the re-
cent o. Dion of Attorney Genera Garland,
that John Roach's contract Tor building the
Dolphin is void; that payments to him are
illegal and may be recovered, AMI that
the Dolphin may be seizei as security Tor
repayment.
The eX Secretary says: This may seem
to be an extraordinary decision, but it was
not difficult to an Attorney General, VINO
when so requested wiped out an amend
ment OF The United States Constitution with
the utmost promptness Lawyers, business
men and fair minded citizens must Judge
OF the soundness OF his present posi-
ton. 1t depends apparently upon the
proposition that IL was an essential cond-
tion OF the act Of Congress that the Dol phin
should have Is knots Of sea speed (Which
Secretary Whitney says she has not reached),
that the contract omitted to require the
contractor to produce this speed and on the
contrary expressly provided that failure to
reach ., 200 horse power should not prevent
the acceptance Of the ship if the material,
and workmanship we're good, and that this
omission was fatal detect and rendered
the contract wholly imperative and void
ifom the beginning.
The ex-Secret.ry then
Quotes the Law
providing for the construction Of the Dolphin
and other vessels which were to have the
highest attaluable speed. This was passed
in August 1882, and in December following
the Naval Advisory Board recommended
that the despatch boat should have
sea speed of lj knots. The
four vessels we're appropriated
for August ), loS3, and the conditions pro
vided that contracts should be let to the
lowest bidder and should be built in con-
tormity with detailed drawings including
hull, engine and boiler as approved BY the
Advisory Board, and the Secretary of the
Navy. Mr. Chandler continues: In the
face ofthese provisions, will any sound jurisl
or unprejudiced person having
COuluOu stust, luat tHC -Na'l
Department was bound 10 insert in the con.
tract the guarantee by the contractor thai
the dispatch boat should be provided with
sea speed Of fifteen knots an hour, and that
the contract would be null aod void withou'
such guarantee The idea is preposterous.
Plans for engines were designed
and adopted by the Navy Depart
ment and Advisory Board, and bidders
had nothing to say about them or to do
with them. What right had the Depart
ment TO say to the bidders, you shall guar
antee that these enginc which we have de.
signed shall produce 320n horse power and
shall move the ship fifteen knots in a gale al
sea.
Every competent and responsible ship
builder would have replied: Il will not
Guarantee results on your designs. 1t you
wish me to guarantee results | must design
the ship" To which the Depart
ment's rejoinder must have been
The law does not allow you TO design, bur
required designs to be provided aud adopt,
ed and prepared in detail by the Depart
ment and Advisory Board. Mr.. Garlands
and Mr. Wbjtney's assumed fundamental
condition of the statute is not contained IN
ts terms.
1t spPropriates for four ships "as recon-.
menGed by the Navsl Advisory Board.
The communication concludes; Even the
packed board organized by him (Whuney)
70 condemn the Dolphin reported that the
engines, boilers and main machinery ap-
peared TO be in accordance with tn, con
irac, and changes made by the Advisory