The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1885-07-17
The Dolphin.

ion Monday upon the question submitted to
him by Secretary Whitney, as to whether
the government had IN the new dispatch boat,
the Dolphn,ssa bad bargain which 1t must sub.
NIT to, or a broken contract against which it
could protect itself. The facts In the case were
plain. Aside from numerous technical defects
which the examining board reported, it is cer-
tain that Mr. Roach contracted to have the Dol
phin completed by July %, 1884. That he
failed in by many months. He contracted to
put into her steel shafts. That he failed in,
and at his own request was allowed to substi.
tute iron. Congress ordered ship of fifteen
knots sea speed. And that he failed to give
her. In fact, the Dolphin IS not the kind of
ship congress ordered and appropriated the
public money for. She is perfectly worthless
for the purpose for which she was intended, too
slow to catch another vessel or to get away
from pursuer, SO constructed that 1t would be
impossible for her to fire at ship she is pur-
suing or one that she is running away from,
structurally weak and awkward, and with en-
gines that can't be depended upon. But she
was built under the superintendence of an ad-
visory board appointed by Secretary Chandler,
and the contractor John Roach claims tina.
this fact relieves him from the responsibility.
II is a fine question, but Mr. Garland decides
that the contractor cannot shelter himself be-
hind the plans, where he knew that the act of
Congress, which was part OF his engagement,
required certain result in speed and in other
respects. He knew his own business; he had
the plans and specifications before him; and if
they would not produce the required results,
he need not bid. This is substantially what
Roach himself said and promised, when he
was after the job, in his testimony before the
congressional committee. He said he would
not undertake to build upon plans which were
faulty. He said :-"If a merchant comes to
me and says that he wants ship of such and
such speed under conditions which I think
will not permit me to get that speed, tell him
that will not build the ship in that way-that
such and such changes must be made" And
again he said to Congress :-"When the plan is
finally determined on make your contract, and
throw upon the contractor all the responsibility
that he would have to bear if he were dealing
with merchant" This is precisely what
Garland gays the government has a right to do
under the law. He holds that the requirements
of Congress as to results were part of the con-
tract which Mr. Roach undertook to fulfill. |
Nor is it true in point of fact that Roach has
In the matter OF iron shafts, asAweif
as Others, the board protested against his work.
VIM u Chandler appeared Tuesday in one
Of his usually trenchant letters, as the defend
,r and apoogist of Roach. He does not un-
1ertake to say that the ship as built is good for
anything. That would be too much even for
lis cheek. Ignoring the fact that the contract
" or secretary of the navy is rsspons ible for
he wretched failure, he argues that Roach is
lot at fault, because the act of congress re.
aired that the bids should be made upon
lans and Specifications apprlved in.writiEg by
be secretary and majority OF the advisory
oard, and Roach cannot be at fault II he has |
one his work in accordance with these plans.
his is admitting in effect that the plans were
ood for nothing, and it is probably the fact.
t is also possibly the fact that Chandler never
Intended them to be, and that his whole ener-
les were devoted to making it a profitable job
Or his cid client and lobby employer, Roach.
1t turns out that Roach has been paid $l5,-
S0.57 for extras and changing of plans while
onstructing the vessel 1t is apparently the |
Id game. 1t has been the regular way for the &
lst Is years in nearly all the departments to {
lodify plans, specifications, terms and con-
itions upon which contracts have been award 7
!. This vicious system has extended from t
le pettest contract for painting hall {
ay to the construction of great pub /
c buildings. Its existence has been so we'll I
nown and its application so surely anticipated t
lat bidders have taken ruinods chances in S
ltting their bids below cost, in the expecta- c
On of coming ont far ahead by the whiting G
JUN of the requirements of the contract, in t
eir interest, by the officials charged with the
aking and execution of it. Mr. Garland hits I
is practice knock-down blow by holding @
at the requirements Of congress must be held q
be part of the contract and il they are dis s
garded it must be at the contractors risk. G
ais opinion if finally sustained will be pro- a
lctive of immense good, because it will COM s.
j honest dealings with the government. e.
Mr. Garland's conclusion with regard to the I
olphin is not only that Secretary Whitneyis p
It obliged to accept her, but that he has no a
,ht to do so without special act of congress,
ID the large sums of money paid towards the
at may be recovered. q