Grand Rapids morning telegram., 1885-07-13
Mr.. GARLAND'S OPINION.
no CONTACT ~fr- sots soAcH
The Agreement not ~ Accord Win the
Requirements All Moasy Pad
Hoach mar De Recovered.

N4aHNsI0s. JAY Attorney -sien,sF'sl
tiaylands ogilion upon the questions sab
lalttsd - hiln b. the Secretary of the Aayy
Ia regard % lhe Dispatch boat Dolphin
"a gwen to the press to-gIght. The Atior-
sg-Gsnsral holds that while me contract
between hoach and Secretary Chandler con
talls 40 express covenant a. o. ths speed ~
che vessel. still the covenant requiring the
contractor ~ constract vessel 10 eonfotm-
~ @ith the plans of the Advisory Board
&hIch called fl4 q vessel - have sea
speed " nflesn snot-, bound the c0ufFac
tar ~ effectively ~ make a shIp ~ the .feed
of 1fteesi knots Ar though he had agreed to
10 In express 40rds. lle question Of
speed. iu shlch the Dolphin h reported
deficient. lne Attorney General considers an
llupoftalt oue. He AYERS that it eas - the
quality ~ TIE speed more thau ans other
tiatt tonIresa Nas lookllg, and With a fuii
understanding "a the statute authorizing
the construction Of dr-patch boat OF
the 'iesignated speed. and no other,
aud With specific plans under which the work
sas ~ be done. laid before him that he
mIy ynt bId wiih Intelligence and safely. The
contractor. 1 he bad mlsgiving a. 10
.notssr a vessel planned like inc Dolphin"
Nould make the required speed should have
abstainrd tom sending proposals., knowing
A. ilr AlA Nf DI4 4AA ~ nave IlArs Ll1t a snip
defective Ia polnt of speed could not De ac-
ceptsd under the statute, whatever her
merits fniy ylt have been Ia other RESPECTS.
''Juaier any ether lew the Attorney Gen
eral -ay-, -'the most important requirements
Of Congress would DO liable at all times % De
svadsd, ap0u one pretext Or another. can
uot conceive hOE 10 could Do successfully
urged that ihe tniLed States u bound. under !
the az Ia question, % accept from the con
traotor auy other sort Oi vessel than the one or
tsfed ~ Dougr6-s % De built, Wa. a dispatch
boat. or chppor, ~ a sea speed Of l. knots,
and the Dolphin having been found not
- bo a vessel 0f that description, a. | mast
assume a sould seem % follow that nothing
short 0f tn act Of Congress could authorize
her acceptance. To the objection that rhe
Dolphin - wanting in necessary strength
and stiffness the Attorney General says,
this defect - fatal, whether due TO the
plans upon which the vessel was built
Or not, because in the con
tract there was stipulation
that the Dolphin" should be sufficiently
strong ~ carry armament, equipment. ma
chInery, etc No action by the Advisory
Board on the word of the contractor makes
the piana Of the Advisory Board has own
He agree % construct a vessel of sufficient
strength. according 20 those plans. The
third objection to the general character of
the workmanship OF the vessel. the Attorney
General disnisses "a unimportant. merely re-
marking that it can De readily dealt with,
the contractor being ready aud willing 10
make the Dolphin satisfactory IN this
respect. The Attorney General holds that
tho Government stands unaffected by any
act- Of acquiezcence, approval or acceptance
Of the work on the Dolphin by the Advis-
Ory Board or others The provisions of the
contract binding the United States to accept
the vessel ON approval of the Naval Advisory
hoard are, IN the opinion OF the
Attorney General, VOID and inoperative
a. shifting high trust duty
from the Secretary Of the Navy, upon
whom the full Ultimate responsibility Of car
ryinE out the law in building the Dolphin
re=ted 10 the Naval Advisory Board. The
Attorney General closes bis opinion with the
consideration Of an important question not
submitted 20 Whitney, the Secretary of the
Navy which i whether there Was any
valid contract az All between Roach
and the United States tie reaches
the conclusion that none exlsta.
Has discussion OF this question u "a follows.
"a we have seen. the Secretary Of the Navy
had nO power 20 contract for a boat that
would not make 6fteen knots at sea or ac-
cent any boat not built IN strict conformity
with the contract he was authorized 10 enter
into. But a clause of the contract provides
that should the engines Of the vessel con
trected for fNl % maintain successfully on
n triu trip for six consecutive
hours a power ~ 100 horses, the vessel
shall De- accepted. nevertheless. II 70 appear
satisfactory that the shortc0ming WAS not
owing either t0 defective workmanship or
materials Ia other wOrds, 10 was 70 make
no difference how muc,i the engines should
- wanting in power. consequently how far
short they should fall Of propelling the ship
az The speed required by law 10 being impOs-
sihle 90 dissociate power from speed.
and there was no dehcit in workmanship or
materials. The obvious Intention % this
e 8 s.ff. q. a
responsibility gs 70 the speed and power Of
the ship and make 10 feasible 20 force upon
the sitrd States ship wanting IN the prime
quality ~ speed. fundamentally deficient
from what Congress authorized. IL needs
40 further discussion to show what was thus
attempted was wholly ont of the question.
bat ths contract Is an entirety and does
not admit Of being broken Up
into fragments 40 that what i good may be
enforced and what is bad rejected. 4 stlpu-
ietion which Vas Intended to relieve the
contractor 1t resronsiHihty for the power Qf
ths engines. and. as a necessary consequence.
speed ~ fne shfp. forms a large aud most
important part ~ the consideration moving
to hm from tne Government it - impos-
sihIe to sfy what was its bearing ON the whole
contract. nor - 81 material. inazmuch a. II
sud other covenants % tlle Government con
sfitute one entire individual consideration.
fhs vaii,iitg or iiieUsiiy 0f any eieuuen- %
which must necessarily violate she whole
and shrotrste the contract. lt follows. then.
thar ~ contract exists between Reach and
tha nitad States and the iarxe sums which
have beer peid NJ Rnsch have pas-ed into
hrs nani- without the authority ~ law and
are heii hv him a. ao much money. had
and received to ase ~ the United States and
ruav be recovered from hina. and nuf ONLY 49,.
hut the money thus paid him BY officials
holding fduciary relations "a the Govern
rnens and having gone into TIE ship Dol
rhln
A courf of s1uitv wiil follow it there. and
fer thai purpose wiil entertain proceedings
szr.insf the ship itself