The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-20
VIOLENCE
WILL NOT
Be USED.
Att'y-General's Opinion.
in Galveston Matter.
COURT EXCEEDED
ITS AUTHORITY
But an AmlCable Settlement
viii Likely Be Reached.
QUESTION OF FORCE
NOT PASSED UPON
Unnecessary at this Time, Says Mr.
Knox, In His Opinion--Thought In
Washington that Judge Grinnan
Will Change His Ruling.
The Launching Prob
ably Delayed.
fBy A,.ocl.,ed Press.,

WASHINGTON, June 19.-The time OF
tho Cabinet meeting to-day was con-
s,1rned in large part By the consideration
of the legal questions involved In the de-
cision of the United States government
TO disregard the decision OF the court OF
Virginia and seize the incomplete cruiser
Galveston, at the Trigg shipyards in
Richmond Va. 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 Virginia
courp which forbids the resumption OF
work on the Galveston. pending setue-
meut of the claim Of the sub-contractors.
who have not been paid for material fur-
nished
In his opinion. addressed to the President,
Attorney General Knox states that the
letter of Secretary Moody raises the ques-
ton 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 completion
Under contracts with shipbuilders when
there has been q breach of contract with
the latter. The question, he says. actual-
ly affects three vessels at present ana
might at any time involve any or all
public vessels under construction by prl-
vate parties. For this reason he declares
the subject one of vital importance to
shipping and sovereign interests.
THE OPINION.
Attorney-G General Knox recItes the terms
of the contract with the Trigg Company,
in which is an express recognition OF the
paramount title and lien OF the govern
ment, and after quoting at length stat
utes bearing on the subject Of attach
ments against property IN which the
United States have or claim an interest
says;
..The right OF a party In ordinary liti-
cation to release of property from at
tactinent upon giving a bond for indem-
nifty is fundamental That doctrine was
recognized in the debate on the act Of
1864. 1t manifestly applies with greater
force and reason in q case affecting the
government as parens patriae than Where
the interests OF private litigations alone
arc involved. The statutes enables the
government, although not a party or IN
general subject to be made such. to in
toryene without prejudice and to invoke
that doctrine.
"It Ia especially significant that SEQ
ton 3753, which Is. OF course. part OF
tho supreme law of the land and binding
throughout the Union. expressly refuses
to recognize any right whatever to seize
or attach property Of the United states.
or property held. owned, or employed oy
1t. Quite apart from the statute and be-
cause OF tNe HdtuIe " liic >SloSs ~ ~ 49,
possible on primary grounds to yield as
sent at all to the idea that any instru-
mentality OF the government. In this case
an instrumentality of prime Importance,
may be taken into custody and held under
any adverse authority whatever. This
view applies. In my Judgment, whether
the adverse custody should assume to at
tach upon the instrumentality as a COM
pleted thing or upon one In process OF
creation
PEACEFUL SOLUTION.
'rwhlle, however, 1t is not to be doubted
for a moment that the United Staes Is
entitled to the undisturbed possession
and control OF It's property and
of property In which 1t Is In
terested. to the extent OF that interest.
and that this possession and control Ill Q
exempt from tho process OF every court.