New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-05
1oHN ROACH'S DOLPHIN.
,,r,,,Nr WITH SECRETARY WHITNEY.
..r, TURNED OVER TO THE GOVERNMENT,

.u, VESSEL TURNED OVER TO THE GOVERNMENT
TIE FRIENDLY SUIT TO BE BROUGHT
.,,a,,,xcrov. Nov. photographic infOrma-
" .oc.,ved at the Navy Department to-day that
won controversy has now been settled upon the
e - the subloued articles of agreement, except that
p" consideration the suretes were not deemed 10
uP ov rlght Of action and therefore could not sue
- been dropped The only other change is that
sna o q n be retained from moneys coming due from
80 transactions and held with the balance unpaid on
~ Dolpbn contract, until the litigation is disposed OF
t,Io,oont il is said at the Navy Department is in
u way satisfactory both to the contractor ana the
Cvsrnment Ii is mutually agreed;
Possession Of the steamship Dolphin lie trans
.,ej 10 the secretary OF the Navy, I0r the unlleu
fcrteS Win the right take and deal with the same as
= he title thereto were fully vested IN the 1n1ou
,.Ss: but such transfer shall not operate 10 M
ca ceeptance under the alleged contract or aeot t2e
nsideraOn or aJudication OF any question % ~" s,or
cot arising upon any claim or defence now or l
aecontroversy between the parties which shan De DC
nined as such transfer had hot peen !n'IS,
Wgenconf-The parties OF the nrst part t'odch as
nder such an alleged contract are to prosecute
an action against tnG for tho rest of the purchase
nS alleged to be due under said contract ana i9r
D:nsatiOn for additional work ana alteratlolS uauo
eonVauf 10 the provisions OF the said alleged CON-
tract ian. that q lien shall be determined to
I'D I fevor of the United States upon SAID vessel
eAss a event that the Government shall be found en-
tad m any money. Judgment or reclamation recVNor
utot The parties OF the first part or either OF heln
v and in that event. the said steamship shal DC Ist
applied 10 'Ho olSe Of said steamship at the time
ana .noh transfer for the purpose OF
sauy anc determined by judicial sale, shall be found
ne court upon proof to be advanced by the
pa ssa be deemed to be the price speclhed Ior her
ms amounts covered by orders Issueu u! Vi0 81
p n1 inc Navy for alterations and addltlohai WoIk
retarS baTev@r sum il any, shall be found by the
cont necessary to have been eApeheSu rornInont
maS fr1 80 ahi represent full performance on the
mart of the parties of the first part Oh ne @ %
f1,.up in lp
te@msbp snail be deemed 10 have represGH'eT az ny
time of such transfer to tue seeIeteS 10 Of aHv lien
claim or demand which the Government may MAINTAIN
In connection with this agreement the following letter
previously written by secretary whitney Is d
explanatory of the action taken:
,,es.s JoHN Roach. LEVI KERR and A. X. WHITNEY
sins Having heretofore COMMUNICATED 10 YOU u
what may reasonably be done by the Government IN Ih
matter OF the steamship D1,PnL, no" ~
ton I'm this formal proposition:
ont unused at constant pense undergoing deterora-
tloA, nnI " Which should be accepted by the Govern
ment-whch is your cldmOr she represents property
Tnon which the Government has "a lien l0r amounts
LARGELY iu excess Of any um likely 10 eredlzd from an
ENLARGEMENT thereof In this latter event the ship must
answer the Government TO whatever extent size VIII
reach 10 pay Having been built for naval vessel she
is of very doubtful market value.
my judgment she should come to the government
leaving il to be settled by judicial deteunuaou mere
after whether your claim is cOrrectthat she should be
accepted under the contract or tue claim OF the Govern
menf Is coIrect-that She must answer Tor tue Zen
created the moneys advanced in the course OF hci
cousructiOn Neither of Us should object 10 speedy
aud fair settlement OF the question at lsste by JNtla
denomination without Unnecessary hardship 10 either
Tie important things far as am able 10 see, 10 nc
covered hy stipulation, that the transfer OF posses
sion 10 the Government shall not work an acceptance
under the contract, unless 10 l. ludcdhY Determined
MAT YOU are entitled to compel such accept
auce. Bv InStitutDg n suit Tor the remainder OF
the purchase money unpaid that question can pc
speedily determined. In that event, Judgement lot
event that the law and the facts should be found other
wise the transfer the ship to the Government suaI
thcu be considered have b-en in recognition az the
right OF tie Government 10 foreclosure or ITS lien or
moneys advanced ia the course OF constructions ana h
eu OF The hdrJsips which wOu.d result from ihe judi
ca sale OF the vessel not built FOR mercantile purposes
II marsh manner Of NQuidating the GOytrumeht-
clgu-l can see reason why the following should not
he re,Ore TO Us a reasonable and just disposition oI the
question as TO the value OF the vessel Tor the pur pose Of
satisfying the lien; ,
Her value as naval vessel shall be assumed 10 be the
contract price If is found in all respects up To the
requirements legally binding upon YOU in her cOnstruc-
non. she is taken by the Government at that price ,
necessary be spent upon her 10 make her mp ia al
respects standard IN other words the Govern
mont takes her, and expedite determination ~ inc
court whether she is taken and accepted az Tor N4
and completed contract or IN satisfaction or the men,
and the method Of determining her yte for the pur
pose OF the lien is agreed upon reasonably ana tury
n al other respects the right, Of the plrues 10 Dc IN
affected. Very respectfully,
W. c. MHINII, secretary OF tic Navy.