Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-07-13
FROM WASHINGTON.
A Decision Rendered on Points Reln.
tive to the Acceptance ofthe Dolphin.
WASHINGTON, July l2.

WASHINGTON, July l2.
Attorney General Garland has rendered q
decision on the three points relative TO the
acceptance of the Dolphin by the government
submitted to him by Secretary Whitney
The Attorney General holds that the vessel
cannot be accepted by the SECRETARY of the
navy that no contract exists between John
Roach and the government. and that the large
sum of money paid TO him for the vessel may
be recovered. The opinion of the attorney
general afirms that the Dolphin has been
found defective in three PARTICULARS two of
which are fundamental; that is TO say, size
does not develops the power snj s7eci called
for she is not stiff and staunch enough for
the service required of her, and the general
character of her workmanship does not come
up to the requrments called for. The gov
ernment the opinion declares, stands un-
affected and is not pledged by any acts of
scquiesepce or approval on the part of its ad-
visory board Neither the secretary of the
navy nor any officer under him has any dis
pensing power over the statute providing TO-
the construction of these vessels. The pro-
visions Of the contract binding the U. S. to
accept the vessel ON the approval of the naval
advisory board are, the attorney general
thinks void and imperative. Mr.. Garland
concludes There is question OF very
great Importance, and that is whether there
was any valid contract at all between Roach
and the United States. As we have seen the
secretary of the navy had no power to con-
tract for despatch boat that ould 10; make
Is knots at sea, and accept any boat tha, was
not built in strict conformity with the con-
tract he was authorized to enter into, but the
ninth clause of the contract provides that
should the engines of the vessel contracted
for fail to maintain successfully on Il trial
trip for six consecutive hours, power of
$500 horses, the vessel be accepted never
theless, If it appear satisfactorily that the
short coming was not owing either to defec-
tive workmanship or materials. The obvious
intention of this was to relieve the contractor
of all duty and responsibility as to speed and
power of ships and make 1t feasible to force
upon the L. 5. ship wanting in the prime
quality of speed. and fundamentally different
from what Congress authorized and was de-
sIrous TO secure. 1t needs no further discus
sion TO show that what was thus attempted
was wholly out of the question. The stip-
ulaton that was intended to relieve the con.
tractor of the responsibility of the engines
and, as necessary consequence, for the speed
Of the ship, forms a large and most important
part of the consideration. 1t is impossible
to say what was its bearing on the whole con-
tract, nor is it material to do so inasmuch as
it and the other covenants of the government
constitute an entire and indivisible consider
alton. Invaladity or illegality of any
element of which must necessarily
violate the whole and abroga,e the contract.
1t follows then that no contract exists be-
tween Roach and the United States and the
large sums of money paid Mr.. Roach have
passed into his hands without the authority
of law and are held by him as so much money
had and received to the of the United
States and may be recovered from him.