The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-06-20
Government Inclined to Disregard
Injunction of Virginia Court in
Favor of Subcontractors.
CABINET CONSIDERS THE CASE.
Attorney General Declares Secre-
tary of Navy Is Entitled to Mill
tarv Aid in Launching-Build-
crs' Claim for Material.


large part by the consideration of the legal
questions involved in the decision of the
United States Government to disregard the
decision of the court of Virginia and seize
the incomplete gunboat Galveston at the
Trigg shipyards in Richmond
Attorney General Knox presented a care
fully prepared opinion on the subject,
strongly affirming the right of the Gov
ernment to disregard the injunction granted
yesterday in the Virginia court. which for
bids the resumption of work on the Calves
ton. pending n settlement of the claim of
the subcontractors. who have not been paid
for material furnished.
In concluding his opinion. the Attorney
General says:
One further point remains to be conSid-
cred. The letter of the Secretary of the
Navy requests to be authorized to employ,
If necessary, the military forces of the Gov
eminent at his disposal for the execution of
his orders in the premises:
Il am loath to believe that occasion for
such eNertion of the Federal powers will
arise. being confident that any claim to in
terfere with the national rights under the
judicial authority of the State of Virginia
Will be promptly disposed of and denied by
the Chancery Court. For this reason
shall defer answering that question"
The Cabinet, after considering this opin-
ion unanimously decided that the Govern
ment case was sound and the programme
outlined yesterday by Mr.. Moody should be
pursued.
An effort will be made. therefore, to
launch the boat next Monday i, circum-
stances permit. 1t is intimated that infor-
nation will be conveyed to the Virginia
Justice, who granted the injunction in this
case. that he has exceeded his proper func
tons, and it is expected that he will with
draw from what the Attorney General and
the President regard an untenable position.
thus avoiding any clash at Richmond.
The Postmaster General also consumed n
portion of the time of the meeting, but it is
stated without reference to the pending
prosecutions and investigation in his depart
ment, his presentation being confined to
matters connected with the civil service rule
and appointments
DEPUTY SHERIFF IN CHARGE.
Elizabethport, n. J., June 1S-Sheriff
Coriel said to-day that he had placed a
deputy in charge of the Chattanooga and
would keep him at the Crescent yard I'M
less he received orders from some higher au-
thority to withdraw him.
The Sheriff added that he had simply per-
formed his duty in Selling the vessel in ac-
cordance with the writ issued by the Su-
preme Court Commissioner. and that he
knew nothing about the merits of the case.
He had not heard anything from the
Navy Department at Washington. but he
lelt he would be fully protected in Selling
the ship by the highest courts in New Jer-
sey.
ATTORNEY GENERALS OPINION.
In his opinion, addressed to the President,
Attorney General Knox says 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 completion under contracts
with shipbulders when there has been a
breach of contract with the latter.
The question, he says, actually affects
three vessels at present. and might at any
time involve any or all public vessels under
construction by private parties. For this
reason he declares the subject one of vital
Importance in respect to national and sover-
eign interests
Taking up the particular case of the
cruiser Galveston, he recites the terms of
the contract with the Trigg company. the
failure of the company to do the work and
the action of certain lien claimants and ma
terial men in Directing to the launching of
the ship by the Government. and challen
ging the eXclusiveness of the Governments
title and the priority of its lien.
On this subject Attorney General Knox,
after a brief reference to the exemption of
the Government and its property from suit
or lien, and to the express recognition by
by the contract of the paramount title and
lien of the Government, quotes at length
from the statutes bearing on the subject of
attachment against property in which the
United States have or claim an interest,
and then says:
THE right of a party in ordering litiga-
ton to release OF property from attach
ment upon giving bond for indemnity is
fundamental.
1t manifestly applies with greater force
and reason in case affecting the Gov
eminent as parens patriae than where the
interests of private litisations alone are in
volved. The statute of 1864 enables the Gov
eminent although not a party, nor in gen.
eral subject. to be made such to intervene
without prejudice and invoke that doctrine.
1W0 GRhDIIhTEn IN MIIcIr