Savannah morning news. [volume] (Savannah) 1868-1887, 1885-07-13
P0iCH'S CONTRACT VOID.
,ru,vNFY MAY REFUSE TO AC-
CEPT THE DOLPHIN.

clauses in the Agreement which Virtu-
.lIy Nulllfed the Responsibility OF the
nnttder-ROach Given a LOOphOAe OF
Escspe. but it is Now Blocked Up.
w,sF1yGroN, July 12.-The opinion of
no Attorney General in regard to the
n,obiu is not, as has been reported, ia
4 rorabl4 Ia John Rosch's view of the case,
,,,, on the contrary, sustains the Secre-
orv OF the Navy. 1t lays down the broad
& a,i1c;ula that the statutes of Congress,
Il and nor the plans Of the advisory board,
nnst 1a complied with, and that if the
S,cretl~v of the Navy thinks that the re-
Fl orremepts of the statute. have not been
mat he can reject the Dolphin and sue
po.cb for the money already paid him on
I'm Do'pAin's account.
THE CRUISERS ALSO COVERED.
twill he seen that it covers as well the
81 ,osas ~ the steel cruisers. Ii they should
~, r.at the requirements of the statute,
o,er thnugh the plans of the advisory
fo,rd mad been carried out, the Secretary
s ostaa Navy could, under this opinion, re-
ect them and sue the contractor for any
money paid him on their account. Naval
q odi,ars of high rank, commenting upon
III be opinion, say that should the Secretary
reiect the Dolphin and sue for the money
pad Roach it viii involve a long legal
iig6, whloh Roach Will carry to the
highest courts
Tbe Attorney Generals opinion is ex-
baustive and makes about tive and half
newspaper columns. II is in reply TO a
Communication from Secretary Whitney,
II IN which the latter says that the Dolphin
does not develop the power and speed
which the contract calls for, that she is
rot staunch and stiff enough for the SER
vice expected OF her, and that the general
character Of her workmanship does not
come up to the requirements of the con-
'nct.
THE GOVERNMENTS OBLIGATIONS.
Quoting the clause in the con-
lact which provides that if on
the trial trip the engines should not
develop the full power called for by the
contract. and tine failure should not be
due to detective workmanship or mate
rlas, the boat should be accepted by the
government, he says: etc take from "a
Contractors hands "a ship Of less power
and speed than an act Of Congress ner-
emptOriay requires is, in my opinion,
mll and without effect. A contractor
CdNUNl UC dllNNtl w plGdA ASubl UhNC VI
the law under which the contract was
made nor can be shelter himself behind
the advisory board, whose plans he
adopted as his own"
THE ADVISORY BOARDS POWERS.
The Attorney General goes on to say
that hls opinion upon the foregoing points
b based upon he idea that there is a val
ID subsistIng contract, but il is proper at
ms o fhuf al
contract binding the United States TO ac-
cept vessel on approval Of the Naval
Advisory Board are. IN his opinion, void
and imperative as shifting a high trust
a1d hutr from The Secretary of the Navy
tne board In violation OF the act under
WHICH the contract was made.
TOO BIG A LOOPHoLE.
Referring to the ninth clause of the con-
acl which IS the one above quoted, In re-
~d % the acceptance of the vessel in spite
detects which should not be the result
hieilor workmanship or materials, the
Attorney General says: 1.-The obvious in
eulon 0i TINS clause was to relieve the
oul'actor of All duty and responsibility
10 the speed and power the ship, and
aAe " feasible TO force upon the United
dles y snip wanting in the prime quality
speed aud Fundamentally different from
naJ congress authorized and was de-
Ious To secure. 1t needs no further dis
u'siou % show that what was thus at
gnpled was wholly out of the question"
MONEY MAY BE RECOVERED.
me Attorney General in conclusion
avs. I'll follows then that no contract
ahI' between Mr.. Roach and the United
al'es and that the large sums of money
u'eh have been paid Mr.. Roach have
used INTO his hands without the author
" tne law and are held by him as 50
uI4 " money had and received to use Of
Oniied states and may be recovered
ON him. And not only so. but the
gley thus paid him by officials holding
2ciaiy relations TO the government.
wig gone into the ship Dolphin, a
|l OF equity will follow it there, and
Vual purpose entertain proceeding
tdlnht the shin itsplfD