New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-06-20
FEDERAL LAW SUPREME
T4RSHIP CONTROVERSY.
Cabinet Orders Virginia Courts
Injunction Disre garded.

If the cruiser Galveston at the Trlgg shlpydrus
,r Richmond. The action taken is regarded by
the President and the members Of the Cabinet
as of the greatest Importance The question
,afsed is new. and the President and his ad-
,isers gave it earnest consideration.
Practically the entire time Of the meeting
zyss devoted to discussion of the legal questions
Involved Attorney General Knox presented
carefully prepared opinion, strongly affirming
.he right Of the government to disregard the in
junction.
n his opinion. which is addressed to the Presi-
5ert Mr.. Knox says that the letter Of Secretary
Moody raises the question of the right and power
Of the United States TO take immediate and COM
r1ete possession for all purposes Of vessels Of
the United States in course Of completion under
contracts with shipbuilders when there has been
= breach of contract with the latter. The ques-
zion he said actually affects three vessels at
77~esent and might at any time involve any or
all public vessels under construction by private
PERSONS. For this reason he declares the subject
che o. vital Importance in respect to national
and sovereign interests.
Mr.. KNOX DEFINES THE LAW.
Taking I'D the particular case of the cruiser
Galveston he recites the act of Congress author
5z7nE the construction of the ship the terms OF
the contract with the Trigg company the 1aliure
af the company to do the work. and the acton
cf lien claimants and material men IN obJec1hs
10 the launching of the ship by the government
and challenging the exclusiveness OF the gov
errrnent's title and the priority of its lien On
this subject the Attorney General, after d prlei
difference 10 the exemption of the government
and rs property from suit lien. and TO the ex-
,7-ess recognition in the contract Of the para
,,7oun- title and lien Of the government, quotes
s- length from the statutes bearing on the sub
sacr Of attachment against property in which the
T-ri-4d States has or claims interest, and
then says:
The right Of q party in ordinary litigation to a
release OF property from attaennent upoI1 Ssls s
: hond fer indemnity is fundamental II mani
[esrlv applies with greater force and reason IN a
rsse sffecting the government as parens patrlae
are involved The statute OF 4oot ei "a @ aI ST.
5ec5 to be made such, intervene without PTeJu-
dice ana 10 invoke ma Zr - Sac-ior 53 ex-
ressIy refuses 10 recognize any right %RateHer 90 90
ITopeIy neg, t+5,+e and because OF the nature
of The case II is impossible; on primary -,
- weld assent all TO the idea tnat any ~, IL
ztrnentaIty CT the gorernmentin this case e,eT an
custody and held unaeT any "a @ 1dgnent
Zgret5er the adverse custody should assume 70
attach upon the instrUmentality as coihP1e'eu
hing or upon one n ptoonSS nor 70 be doubted for
While t59F h9TeTE te uted n 5s States IS entitled the
5s-urbed possession and ofltIsI oL lL ~
and Of gT9&PsTy & ynrs tn @1'o and d that this possession
and control are exempt IToI IliT taey CIashine
s-5 hostile demonstration upon the part OF Greg
provided an oTdeI!y & dIa lf11ee1 narries claiming
t-oresies tsst naE +s aT' a{s Under the terms Of
zrfc1 the utmost rights Of all claimants are pre-
served without the functions, o. 5ng
i viii be observed, hoNeFe! Intl ms l - .i+. he
--59forv in its provisions. and that IN a paIpapIe
rsza OF improper interference with the eqEeIa-
es rights the the S5T3g ofeetion Of its sovereignt the
arF,age OF the act being that the SeeIelft - etif
-ar5ST 10 be entered. This is case IN which, l
think. that discretion shoqq 9e Of The Subject the
lined the words Of the statute. its fair infeT@nTe5s o5
srd lear reservations all convince me PEG is
6oa6J t9t e4e on behaif Of the United States
zrch shah be addressed TO and hleo "IIIf 5Sihros
son 10 ne as mater Of course would follow.
re P5opegy c1aingnts would have the opportunity
- establishing in ACCORDANCE Nllhs t @Saro11i+yy
live Claims against the bond OF inoelnillS
ms gnof1er point Of view certain analogy Is
trsed BY the laws relating to the 4tI1torT ~
-z-sas under which. when the VARIOUS So
2Fs 4rv sHTT nakes toth it the duty Of the state court
70 proceed no fgT55er a5 N c0feTs Jurisdiction upon
b 3ation Zone Of Indemnify when pr presented Tted
- erterSS into as the engagement OF the hl!sa t
states vi" o2ega'g ege # from the state jurisdict9n
-fst The Chancery Court OF Nirgnia upon he he
cTrz Of tis instrument and consloerat{do y o5 he he
now law ed VII! lake VIZ f rs Tecords to the
eressary desirable 10 CohIol ~ Ie.- P a1Ithorirv
The Attorney Generals opinion. as originally
s-.-,77i,-ed upheld the right Of the Secretary OF
-.a Navy 20 use force If necessary, but IN the
ro-s NJ reaching an amicable agreement 'he
-,t.,- ,sraprapb was modified to read as fol-
lous
one further point remains to be considered - The he
re--r ~ me Secretary Of the Navy requests 70 De
f-eeg II the government his disposal for the the
svecton Of his orders in the preitalsese -+ion Of
loath believe that occasion for Sucn ua9ent FS Thai
nv cIsim 70 interfere with the national Flgirs +i
under the judicial aitAoTlJy od - I'd denied by
r-r cfancery Court For this rcason shaH oeieI
answering that question
After considering the opinion, the CABINET
unanimously decided that the governments case
vas sound.
a SHOW OF FORCE NOT LIKELY
E-xcep+ 10 announce that "the Galveston mat
Ter IS in the hands Of the Attorney General ana
-o-b+,e on the subject will be said at this de-
rs-r--er7t'' Secretary Moody refused TO discuss
ro-dsv-s Cabinet meeting or the probable action
+ the department in view Of the revised opinion
- Attorney General Knox. He desired 10 De
rlsced in the attitude Of saying nothing on the
subject and he requested Rear Admiral BoWles'
who advanced the contention regarding me
rights ~ The government TO be equally mind
ful Of The Presidents wishes as to silence on
the subject The modification of the Attorney
Generals orfrion. which in its unrevised form
had already been communicated TO Secretary
MOODY somewhat disarranges for the moment
the programme Of the department as 10 sho"
cf force The President thinks show Of force
under the circumstances viii be ineXpedlent'
and The Navy Department therefore must
content itself with awaiting the advice or the
Department Of Justice in the matter Mean