The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-06-20
WILL HAVE THE SHIP
GOVERNMENT SAYS THAT VIRGINIA
IS WRONG.
HER COURT HAS NO RIGHT
TO SAY THE GALVESTON SHALL
NOT BE LAUNCHED.

uey General Knox Was Submitted.
This Declares That the Rights of
the United States Are Clear 10 the
GaIvestOn-State Court, He Says.
Cannot Intervene-Gave no Opin-
ion as to Use of Troops.
Washington, June 19.-The time of
the cabinet meeting to-day was con-
sumed in large part by the considera-
ton of the legal questions involved in
the decision of the United States gov
eminent to disregard the decision of
the court of Virginia and seize the in
complete cruiser Galveston at the
Trigg shipyards in Richmond.
Attorney General Knox presented a
carefully prepared opinion on the
subject. strongly affirming the right of
the government to disregard the in
Junction granted yesterday in the Vir-
ginia court, which forbids the resump-
ton of work on the Galveston, pending
a settlement of the claim of the sub
contractors, who have not been paid
for material furnished. In his opinion,
addressed to the President, Attorney
General Knox stated that the letter of
Secretary Moody raises the question of
the right and power of the United
States to take immediate and complete
possession, for all purposes, of vessels
of the United States in course of COM
plet1on under contracts with ship
builders, when there has been a
breach of contract with the latter.
The question, he says, actually af-
fects three vessels at present and
might at any time involve any or all
public vessels under construction by
private parties. For this reason he de-
clares the subject one of vital i'm
portance in respect to national and
sovereign interests.
Attorney General Knox recites the
terms of the contract with the Trigg
Company, which contains an express
recognition of the paramount title and
lein of the government, and after
quoting at length statues bearing on
the subject of attachments against
property in which the United States
have or claim an interest, says:
The Opinion of Knox.
1T is especially significant that sec
ton 1888 which is, of course, a part
of the supreme law of the land and
binding throughout the union, express
ly refused to recognize any right what
ever to seize or attach property of the
United States. or property held, owned
or employed by 1t. Quite apart from
the statue and because of the nature
Of the case it is impossible on primary
grounds to yield assent at all to the
idea that any fundamentally of the
goVernment-in this case an instrument
tality of prime importance-may be
taken into custody and held under any
adverse authority whatever.
While, however, it is not to be
doubted for a moment that the United
States, is entitled to the undisturbed
possession and control of it's property
and of property in which it is interest
ed to the extent of that interest, and
that this possession and control are ex-
empt from the process of every court,
yet Congress. by the act of 1864, pro-
vided an orderly and peaceful solu-
ton of controversies that may arise be-
tween parties claiming adverse to the
United States, the language of the act
being that the Secretary of the Treas
ury may, in his discretion, cause such
stipulation to be entered. This is a
case in which 1 think that discretion
should be exercised.
Expects Court to See 1t.
1.-THE nature and necessities of the
SuOJCSls Tic ONClNlSI Ildliil anu llllGt-
est, the object to be gained, the words
of the statue, it's fair differences and
clear reservations, all convince me be-
yond doubt that the stipulation to be
entered into is an engagement on be-
half of the United States which shall
be addressed to and filed with the par
ticular court, under proper reserve of
submission to the jurisdiction, where
upon discharge of the property as mat
ter of course would follow, and ad-
verse claimants would have the oppor-
unity of establishing, in a credence
with the law. their respective claims
against the bond of indemnity thus
provided. I cannot doubt that the
stipulation, when presented and enter
ed into as the engagement of the
United States, will operate forthwith to
discharge the property and free 1t from
the state Jurisdiction; that the Chanc-
cry Court of Virginia, upon the entry of
this instrument and consideration of
the law now invoked, will take what
ever steps may be necessary or desira-
BILE to conform its records to the su-
preme law, and to prevent any clash of
authority"
NOn-COmInittaI as to Force.
In concluding his opinion, the Attor-
ney General says:
"One further point remains to be con-
sidered. The letter of the Secretary
of the Navy requests to be authorized
to employ, if necessary, the military
forces of the government at his disposal
for the execution of his orders in the
premises. l am loath to believe that
occasion for such eXertion of the fed
eral powers will arise, being confident
that any claim to interfere with the
national rights under the judicial au-
thority of the state of Virginia will be
promptly disposed of and denied by
the Chancery Court For this reason
shall defer answering that ques-
ton"
The cabinet, after considering this
opinion, unanimously decided that the
governments case was sound. II Is
claimed that information will be con-
yeyed to the Virginia Justice who
granted the injunction I'm this case
that he has exceeded his proper func-
tons. and it is expected that he will
Withdraw from what the Attorney
General and the President regard as
an untenable position, thus avoiding
any clash at Richmond.
Question "a New One.
BY the President and the memb<rs
OF the cabinet the action taken AT the
meeting IL regarded a. OF the highest
Importance The question raised Is
new and almost unique. Roth the
President and his advisers gave II the
most careful consideration.
IN Be- understood ifdt the opinion Of
Attorney General Knox. a. submitted
originally 10 the President and cabinet.
was modified slightly before 4 Wa
made public. ~ was stated yesrfrday
upon excellent authority that the At