The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1885-07-16
MR.. ROACH'S DOLPHIN.
IT NOW TsANSPlREs THAT THERE
WAS NO CONTRACT MADE.

VINO wv SOtN nftA MAOC.
Attorney GeReral Garland Gives an Er
haustive Opinion to the Secretary Of
the Navy-Contract Dodges-Per-
sonal and Political-Notes.
WASHINGTON, July H-Attorney Gen
eral Garland's opinion upon the questions
submitted to him by the secretary Of the
navy in regard to the dispatch
boat Dolphin, was given to the press
The attorney general holds that while ths
contract between Mr.. Roach and Secretary
Chandler contains no express covenant as to
the speed OF the vessel, still the covenant
requiring the contractor to construct a YES
sci in conformity with the plans of the Ad-
visory board, which called for a vessel 'to
have sea speed Of fifteen knots, bound the
contractor as effectually to make ship
of the speed of fifteen knots, as though he
had agreed to do SO in express words.
hequestion of speed, in which the Dolphin
is reported deficient, the attorney general
considers an important one. 1t was to the
quality of speed more than any other that
congress was looking. With a full knOwl-
edge of the statute authorizing the construc-
tion Of dispatch boat Of a designated speed,
and no other, and with the plans and s.,sci6-
cations under which the work was to be
done, laid before him that he might bid with
intelligence and safety, the contractor, ii
he had misgivings whether vessel planned
like the Dolphin would make the required
speed, should have abstained from sending in
proposals knowing as he did or ought to
have done, that ship defective in point of
speed could not be accepted under the statute
whether her merits might be in other re
spects.
"Under any other ,iew," the attorney
general says, ''the most imperative require
ments of congress would be liable. ut all
times, to be evaded upon one pretext or an
other. cannot conceive how it could be
seriously urged that the United States is
bound, under the law in question, to accept
from the contractor any other sort Of vessel
than the ono ordered by congress to bs built
namely, dispatch boat or clipper Of sea
speed OF fifteen knots, and the Dolphin hav
ing been found not to be a vessel Of that de-
scription, as must assume, it would seem
to follow that nothing short Of an act Of
congress could authorize her acceptance"
To the objection that the Dolphin is want
ing in the necessary strength and stiffness,
the attorney general says, this defect is
the vessel was built or not, because in the
contract it was stipulated that the Dolphin
should be sufficiently strong to carry the ar
mament, equipment, machinery, etc., pre-
scribed by the Advisory board. In word,
the contractor makes the plans Of the Ad-
visory board his own, and agrees to con-
struct vessel of sufficient strength accord
ing to those plans. The third objection to
the general character of the workmanship
Of the vessel, the attorney general dismisses
as unimportant merely remarking that it
can b. readily dealt with; the contractor
Being willing to make the Dolphin salts
factory in this respect
The attorney general holds that the gov
ernment stands unaffected by any acts Of
acquiescence, approval, or acceptance Of
work on the Dolphin, by the Advisory board
or others
The provisions of the contract binding the
United States to accept the vessel ON the
approval of the Naval Advisory board, are
in the opinion of the attorney general, ''void
and imperative, as shifting a high trust of
duty from the secretary Of the navy, upon
whom tho full and ultimate responsibility Of
carrying out tho law and building the Dol
phin rested, to tho Naval Advisory board"
The attorney general closes his opinion
VIII Lu0 COuSlUcfduOu VI du AAuSOH touU 4uoS-
ton, not submitted to him by the secretary
Of the navy, which in short is, whether there
was any valid contract at all between Mr..
Roach and the United States, and reaches
the conclusion that none exists His discu:-
sion Of this question Is as follows: "As we
have seen, the secretary Of the navy had NO
power to contract for dispatch boat that
would not make fifteen knots at sea, or
to accept any boat not built in strict con-
formity with tae contract he was authorized
to enter into"
But the ninth clause Of the contract pro-
vides that should the engines of the vessel
contracted for fail to maintain successfully
on the trial trip for six consecutive hours
power of 2, 800 horses, the vessel shall be ac-
cepted nevertheless, If it appear satisfactor-
lily that the short coming was not owing
either to defective workmanship or ma
terials In other words, it was to make no
difference how much the engines should be
wanting in power, and consequently how far
short they should fall of propelling the ship
at the speed required by the law, it being
impossible to dissociate power from speed, if
there was no defect in the workmanship or
materials
The obvious intention Of this was to re-
live the contractor of all duty and respoa-
sibility as to the speed and power of the ship,
and make it feasible to force upon the Uni
ted States a ship wanting in the prime quail
ity of speed, and fundamentally different
from what congress authorized and was de-
sirous to secure It needs no further discus
sion to show that what was thus attempted
was wholly out of the question:
But the contract is an entirety and does
not admit of being broken up into frag-
ments so as that what is good may be en-
forced and what is bad rejected The
stipulation which was intended to relieve
the contractor of responsibility for the
power of the engines, and, as necessary
consequence, for the speed Of the ship, forms
large and most impo1ant part of the con-
sideration moving to him from the govern
ment
1t is impossible to say what was its bear
ing on the whole contract, nor is it material
to do so, inasmuch as it and the other cove
nants of the government constitute one en-
tire and indiable consideration, the inval-
idity or illegaEty OF any element Of which
must necessarily vitiate the whole and abro-
gate the contract.
1t follows that no contract exists between
Mr.. Roach and the United States, and that
the large sums of money which have been
paid Mr.. Roach have passed into his hands
without autnOrlty Oh law ana are netu Dy
him as SO much money had and received to
the use of the United States and may be re-
| covered by him.
Timber and Orchards.
DETROIT, July ia special from Ale
| eans says: 1.-TWO miles north OF this city
tornado developed and swept over a tract
about three miles long and eighty rods wide,
resulting in great damage. Buildings were
unroofed, and serious injury was done to
standing timber and orchards"
Two Killed.
UTICA, N Y, June n.-Frank McDer-
| mott and John Leonard were killed by light
ming near here. during severe storm Nc
| Dermott's dog was also killed
|
THE MILLS RESUME.
Good News to WOrkmen and the General
| Public.
CINCINNATI, July 14.-Great volumes Of
| black smoke pouring from the mills OF the
Swift's Iron and Steel company at River
| side announced to the world that they had
rousyned onarations From their vast re-