The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-06-19
WHITNEY AND THE DOLPHIN
The Naval Secretary Appeals to the At
tOrney-General for an Opinion.
The Terms Of the Contract Set Forth. and
Mr. Garland Requested to Indicate the
Duty Of BIZ. Whitney.

general Garland accompanied by the report of
the board appointed to examine the new dispatch
boat Dolphin, which has recently undergone a
series of trials to test her capacity to do the
work required in the specifications. The Score
tary asks the Attorney general to examine the
report and advise him what his duties in the
premises are The Secretary begins by saying:
Immediately after my accession to this Office,
papers were presented to me for my signature
accepting the Dolphin in behalf Of the govern
ment. Upon cursory examination OF
the papers, my attention was attracted
to the -, singular looseness Of the
contract. There was notable absence of effect
i've stipulations, as it seemed to me- There was
one positive requirement, however contained in
the ninth section of the contract, intended to in
sure certain minimum power, which provided
that upon her trial trip the collective indicated
horsepower developed by said engines shall be
1900, to be maintained successfully for six con
secutive hours; provided that in case of the
failure of reaching said horsepower the vessel
shall be accepted if it can be shown to the salts
faction Of the Secretary of the Navy that this
ship nor materials.
''This trial having been had in Long Island
Sound. under conditions favorable in the main,
she had yet failed of meeting this requirement
having developed but 2, lis horse power for the
six hours. The naval advisory board, in refer
ring to this, had stated that they were of the
opinion that this deficiency was not due to de-
fective workmanship nor materials but
that with better coal and we'll
trained engineer force, these results will
be exceeded For the purpose of verifying this
prediction, and to satisfy myself as TO what ap
peared to be my duty, wrote, upon the 22d Of
March, suggesting to the contractor another
trial AS the plan of the trial had been fixed in
Long Island Sound by the persons authorized
under the contract to prescribe the conditions of
the trial, and as the terms were not more severe
than those eXacted by other nations, l expected
an immediate favorable reply to this reasonable
request. 1t was acceded to the 10Th of
May, over six weeks having elapsed.
In the meanwhile, an examination OF the deal
lngS of the department with the contractor and
especially the manner in which the payments
had been surrendered to the contractor, induced
mo to select three competent persons to make
thorough examination for the purpose of my
Amusement as to- first, whether the contract
mad been properly performed; second, as to de-
tects in the vessel; third, as to the responsibility
for the defects observed, if any.
1.-THE result Of that examination made with
great patience and intelligence, is herewith sub
mitted for your consideration. Inow desire an
examination of the contract and the law by you,
that may be advised whether, representing the
government, have on my hands what is in the
nature OF q bad bargain, or a broken contract.
The report demonstrates that the government
has not got in the Dolphin what Congress stipu-
lated for and what should have been obtained.
These are the general subjects considered by the
board. First the speed; second, the strength;
third, the general workmanship"
The Secretary then takes up the subjects sepa-
rately. AS to speed, he calls attention to the
act of Congress appropriating money for the
Dolphin's construction, in which it is provided
that she shall ''have speed of fifteen knots,
and says this requires speed over smooth water
of from seventeen and one-halfto eighteen knots;
that this fact was shown before committee of
congress- and that, therefore, there was
reason to expect this speed from the Dolphin,
whereas her highest speed for six hours was
fifteen knots; that the result of her various trials
show her to have a probable sea speed of only De-
tween twelve and thirteen knots in service; that
she has never developed for six hours
the required $500 horse power. AS to strength,
he calls attention to the report of the board,
that the evidence is meager that English YES
sells have to undergo trials of two or three days,
but that, from the fact that she vibrated when
under way, that her floors yielded, and that her
journals became so heated from slight shifting
of her ballast that it was necessary to constantly
deluge them with water, the conclusion is
reached that she is not as strong as she should
be- AS to the general character of her work
manshp he quotes that the contract provides
for first class materials and workmanship. These,
he says, are criticised by the board. The Secre-
tary concludes as follows:
s'The whole matter comes in the end to this:
The government is not receiving what it had a
right to expect from the cons tructlon of this
vessel. The question l desire answered is,
whether the Department if it has in the matter
a bad bargain simply as between contracting
hoo1 hupl
tract, emitting it to insist upon something bet
ter. In connection with this question desire
to be advised as to what is the effect of the cir
cumstance that the construction, has been
supervised by government officials The material
was passed as sufficient, and the workmanship
similarly approved, from time to time, during the
construction. The contract provides for this
supervision and inspection. and l advised
that it has taken place as the work has pro-
crossed. Upon this subject call your attention
to the fourteenth section of the contract, which
provides. that it shall not under any circum-
stances be obligatory on the party of the second
part to accept the vessels or any part thereof,
unless the same shall have been constructed in
under the supervision of the
naval advisory board, and in
accordance with the provisions of the act of
Aug. 5, 1882 etc. If the supervision and in
spection that has been had is bar, so that the
department cannot go back and examine the
work passed and approved by its inspectors and
by the naval advisory board. that ends the con-
sideration of the matter. If it is not bar how
far is the contract or responsibility, and what
are the remedies for the department. under the
circumstances / the more willingly avail my
self of the privilege of referring this matter to
your judicial judgment and advice. lest that. in
spirit of resentment at this result, should be
unjust"
THE REPORT OF THE BOARD.
The report of the advisory board to Secretary
Whitney upon its finding in connection with the
trials of the Dolphin, covers much the same
ground as that traversed in the Secretarys letter
to the Attorney general, though treating the
subject more fully. The points of interest in
it, aside from those given from the letter. are
subioined. The board states the ground COW
cred to be-
First-Has the Dolphin been constructed in
accordance with the terms of the contract be-
tween Mr.. John Roach and the governments
- n