Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-29
THE DYNAMITE CRUISER.
Legal Questions Likely to Arise Over
the Acceptance Of the Vessel.
THE PARTIAL ACCEPTANCE OF THE VESSEL WITH
OUT ITS GUNS By SECRETARY wHITNEY-How
THIS coMPL1cATEs THE s1ruArIoN-THE CASE
OF THE DOLPHIN.

It is more than likely that an interesting and
rather intricate question Of law in connection
with the new dynamite cruiser vesuvious will
receive attention by the Secretary Of the Navy.
This vessel. built entirely under Mr.. Whitney's
administration Of naval affairs, il still hanging
on the stenterhooks OF acceptance by the gov
ernment and has been for some months pay
ing penalty Of 600 day to the government,
She was contracted for with the pneumatic
dynamite gun company OF New York. according
to an act Of Congress which admitted of no
discretion, fixing her maximum price at $780,
900. The dynamite gun people Immediately
sublet the contract for the ship to the Cramps
of Philadelphia, who have constructed her
without being in any way officially known to
the department. All Of the dealings have been
with the dynamite gun company, who have
really only supplied the guns for the vessel.
THE TRIALS OF THE VESSEL.
When the vessel was tried she made mar
velous speed, exceeding her contract require
ment Of twenty knots. The test, however, it is
stated, was a mos. favorable one, being over a
measured mile without reference to the work.
lngs OF the ship before and after passing the
limits. Her steam, it is said, was bottled up to
about 100 pounds, and she flew over the course
at great rate, but was all blown out when she
passed the buoy at the other end. Then she
turned slowly and, bottling up more steam,
made another firt over the course.
PARTLY ACCEPTED BY Mr. WHITNEY.
When the time came for Mr.. Whitney to re-
tire the vessel had passed most satisfactory
tests without reference to her dynamite appa-
ratus-really the vital part of the ship-and al
most the last OF his official acts was to sign
document stating that the vessel had complied
with the contract in every particular except as
to her guns. She had been tested as to her
strength, speed, horse power and maneuvering
qualities, aud was accepted in those particulars
but he held in abeyance her acceptance as far
as her guns and their performance was con-
cerned. In other words, he promulgated
partial acceptance Of the ship, and it is this
point that the contractors will probably ad-
vance in favor Of the remission of the heavy
penalties suffered by them for the non-com-
pletion Of the ship within the prescribed time.
SECRETARY wHITNEYs OWN RULING.
But, on the other hand, 1t is argued in the
Navy department that Secretary Whitney had
according to an early decision of his own, no
right to accept vessel in part, leaving the re-
mainder Of her performances yet to be tested
This early decision was one that caused con
siderable commotion at the time of its an
nouncement and was made on the occasion of
his entry into Office. Secretary Chandler had
just before signed an official acceptance of the
dispatch boat Dolphin far some things
were concerned, but left other qualities to be
determined by his successor. Mr.. Whitney's
first act was to declare this illegal, pronouncing
the opinion that a partial acceptance of a
vessel was impossible and that he alone had the
right to pass upon the merits Of the ship in toto
He, therefore. held up the Dolphin and kept
her between heaven and earth. as it were, for
long time. Thus it happens that he is now
placed in the same position his predecessor
liable to be overruled by his successor in the
matter Of accepting or rejecting a vessel.
THE GUNS STILL TO BE PROVEN.
The ship has earned no premiums and as she
stands at present she has been loss to the con-
tractors. Her guns are still to be proven.
They have broken two or three times and only
the other day one Of them cracked in the firing
gears that the tests viii have to be postponed
several weeks. The Cramps have fulfilled
their contract with the dynamite gun company
and will therefore lose nothing in all proba-
bility