New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-07-15
THE DOLPHIN DECISION.
Ills OPINION or MR. GARLANDis LAW AND M
wHfTNEY's MOrIvRs

Ills OPINION or MR. GARLANDs LAW AND M
wIIfTNEY's MOTIVES.
BOsTON, July 14.-Ex-Seeretary Chandler
has written letter 7hc Journal reference 10 Attor.
ncyGeneral Garlands decision the contracs
with John Roach to build the Dolphin Is void that par.
Mr.. Roach are illegal and may be recovered
and that the Government should seize and hold the
Dolphin security for tho repayment The ex-secre-
tary says: This may to be extraordinary do
cision, but II difficult to Attorney General
who. when requested, wiped out amendment Of
the United States Constitution with the utmost prompt
ness. Lawyers, business and fair minded citizens
must judge Of the soundness Of his present position. 10
depends apparently upon the proposition that 1t
an essential and fundamental condition OF the act Of
Congress that the Dolphin should have fifteen knots
sea speed (which Secretary Whitney she has
| reached); that the contract omitted to require
| tho contractor to produce this speed and
| on the contrary. expressly provides that fall
| ure to reach 2.300 horse power should not
prevent acceptance OF the ship II the materials and
workmanship were good, and that this omission =
fatal defect aud rendered the contract wholly inop
erative and void from the beginning The law OF Au-
gust g. 1882 authorized certain ships to DE built under
certain conditions and limitations and they to
have the highest atalnable speed The Of Ma rch
3, 1888 contained the following appropriations: For
the construction Of cruiser Of not less than 1900 tons
displacement, specially authorized by law two
| tons displacement each, and one dispatch boat, a.
recommended by the Naval Advisory Boarl IN the re
port Of December 90 1882, sl,3O0OOO.
"The Naval Advisory Board in their report OF Dsccn.
Der 90 1882, had recommended all the above vessels,
using this language with respect to the dispatch boats
Also one dispatch vessel or clipper. to have speed
| of fifteen knots, to be built Of iron and to bs
armed with sixinch breech-loadng
rifle and four revolving guns The law OF March had
however also provided that proposals should be invited
from shpbuiders and the construction he let to the
lowest and most responsible bidder, subject 10 all such
provisions for due completion the Secretary Of tho
Navy should provide and in all respects IN accordance
with the OF March 3. The act Of August had
quired the organization OF Naval Advisory Board and
also provided follows Neither OF the vessels here
by authorized to be built shall be contracted for
menccd until full and complete detail drawings and
specifications thereof in all its parts. including hull
gnes and boiler shall have been provided adopted by
the Navy Department and shall have been approved in
| writing by said Board or by majority of the members
| thereof and By the Secretary of the Navy.
"In face OF these provisions Will soundJn or
unpreudiced person, having common sense that tho
Navy Department bound to rsert In the contracs
and insist upon guarantee by the contractor that
| the dispatch boat should prove to have
| sea speed OF fifteen knots aud that tho
would be absolutely null and void without such
guaranteed The idea is preposerous The pans for the
engines designed and adopted by the Navy Depart
and Advisory Board and the bidders had nothing
to say about them to do with them. What right had
the Department to bidders You shall guaran-
| tee that these engines, which We have designed,
shall produce $500 horsepower and shalt move
ship fifteen knots in gale OF wind at
| scar Every competent and responsible sbpbuilder
would have replied Il will not guarantee results
your designs IL you wish guarantee results must
design the ship, which the Departments rcjonder
have been The law does not allow you to design,
| but requires designs TO be provided ana
/ parf-
ment and Advisory Board Mr.. Gariand's
| and Mr.. Whtney's assumed fundamental condition OK
| the statute is nowhere contained In its terms.
appropriates for four ships recommended by tho
Naval Advisory Board in its report They turn TO tho
report lind that the board recommended that tho
| dispatch boat should have sea speed OF fifteen
| knots; and then they say such speed Is vital
| prerequisite to be absolutely guaranteed
In any contract for construction which may be made,
although by the express OF the law the dsgns OK
the ship, in detail to be made by the Department.
and the contractor TO have nothing to say or do
| about then. The fundamental proposition Is weak and
| slender, with foundation OF law or sense 10 sup
| port it.
"Mr Garland says: The contractor II he had missv'
ings whether vessel planned like the Dolphin would
make the required speed, should have absained from
| sending in proposals. Can this be the serious
| proposition OF an intelligent lawyeri Tho
| Navy Department carefully considered the
| question whether, under the law OF Congress au-
thorzng the ships, bidders could be required to
| guarantee speed any other results beside
| good work aud materials, and, In view OF
the absolutely mandatory provision OF the law
that the Department should provide beforehand tho
designs In all their details IL decided that no guar
antees could fairly be expected except OF
good materials and workmanship. Upon that decision
ss1erey wRe M Roach be
because he did not either insist upon their making Dct
ter bargain for the Government or else abstain from
| IL
4 the newspaper h, reP"r5 sarrccs OF first 'ar hs
made say the clause H. the contract that the ship
should be built in accordance win the Oh sns
bound the contractor as effectively to make snip OF
speed Of Of fifteen knots ssprsss as he BS Rss
later he says Of the clause which provides ,.ies
10 develop 100 horse power il it due to defective
or rns Of all ay Sf
power pow the ship and I'll. therefore re- ore, M he
Roach and the United states, and that be must pay
back ali moneys received by him and hand overt
"Tnis reasoning canot be the work OF good lawyers II
Mr.. Roach did guarantee speed a. effectively II he
had agreed TO do In express words the contract cannot
be absolutely void, because elsewhere Is clause WHICH
The law absolutely required a guarantee OF speed,
says Mr. Garland 1T is IN the contract As u IN express
cSnss dispensing with quantity OF horsepower which
the law says nothing about Therefore the contract -
| absolutely void under the law requiring speed Per-
hans two lawyers wrote opinions for the Depart:
| ment OF Justice these questions; ono hodins tnhS
speed was guaranteed and that therefore, the Dolphin
must be rejected. and the other holding thas
snsed was not aud therefore, the contract
was void ana must be rejected. and the Attorney
General and Mr. whitney liked the conclusions OF both
opnlons so much they determined 10 put them together
| and promulyate them To wondering world those
who choose to accept Mr. Garands opinion as good law
nav find some excuse the treatment By Mr. whitney
Of the Advisory Board and Mr. Roaeh but by all others
| IL must be considered unjust and oppressive A.,
"Ie IL he noted that this wicked assault uron VIZ.
Roacn by two newly -fedged Cabinet Ministers reyeus
n infused power perpcrated solely for the assumed
that the DOLPHIN fifteen knots sea speet
| when in fact, on every one OF her several
t,iaI trims she has reached fifteen knots ana
the last trip made at sea in pursuance OF ne orue