Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-11-04
THE UNFINISHED DOLPHIN
A Satisfactory Settlement Of the Con.
trOverSy.

Telegraphic information has been received at
the Navy department to-day that the Dolphin
controversy has now been settled upon the
basis of the subjOined articles of agreement, ex-
cept that upon consideration the sureties were
not deemed to have any right of action, and
therefore could not sue, and have been dropped.
The only other change is that $25, 900 is to be
retained from moneys coming due from other
transactions and held with the balance unpaid
on the Dolphin contract until the litigation is
disposed Of This settlement, it is said at the
Navy department, is in every way satisfactory
to
Der, SS5, between blank parties of the first
part and the United States, by William G. Whit
ney, party of the second part:
Whereas the paper annexed hereto, marked
Exhibit A, purpOrting to be a contract for the
steamship Dolphin, was executed on the 23d
day of July, 1888, as by said paper appears; and
whereas questions have arisen between the par
ties thereto with reference to the same and the
action OF the respective parties hereunder,
which questions are incapable of determination
without judicial examination and decision, it is
hereby mutually agreed
First. Possession Of the steamship Dolphin is
transferred to the Secretary of the Navy, for
the United States, with the right to take and
deal with the same as If the title thereto were
fully vested In the UnitedStates; but such trans
fer shall not operate to constitute an accept
ance under the alleged contract, Or affect the
consideration or adjudication Of any question
of law or fact arising upon any claim or defense
now or hereafter in controversy between the
parties, which shall be determined as If such
transfer had not been made.
Second. The parties of the first part. under
such an alleged contract, to prosecute an action
against the parties of the second part for the
balance of the purchase money alleged to be
due under said contract and for compensation
for additional work and alterations made pur-
suant to the provisions of the said alleged con-
tract.
In the event that a lien shall be determined
TO exist in favor of the United States upon said
vessel or in the event that the government
shall be found entitled to any money, judg-
nent or reclamation recoverable from the par
ties of the first part, or either OF Them then and
in that event, the said steamship shall be first
applied to the satisfaction of said
lien or judgment, and the value OF
said steamship at the time of such transfer
for the purpose of satisfying said lien, claim
or judgment, in lieu of being determined by
judicial sale, shall be found by the court upon
proof to be advanced by the respective parties
and for the purpose Of such discrimination he,
value shall be deemed to he the price specified
orders issued by the Secretary OF the
minus whatever sum, If any, shall be
found by the court necessary to have been
expended in order to make said ship, when
transferred to the government, conform to and
represent q full performance on the part of the
parties Of the first part of the obligations bind
Ing upon them in the construction thereof; anc
said steamship shall be deemed to have repre-
sented at the time of such transfer to the Secre
tary Ofthe Navy the amount thus determined
In satisfaction OF any lien, claim or demand
which the government may maintain.