The sun., 1907-08-19
At ODDS WITH BONAPARTE
WtR AND NAVY DEPARTMENTS
Ny DEFY MS DECISIONS.
secretary Taft Implies That the Attorney.
Generals Construction Of the Law
Leads Ia Absurdlty" - OpinIOn Of
the Experts on Submarines NuliIned.


.sgINGroN. Aug is.-~A series Of recent
,p,nlgns by Attorney General Bonsparte
bs, RET the Navy Department and the War
nerartment sorely az odds with the Depart
,,srt ~ Justice. So much are these opin-
IONS II Mr. Bonsparte at variance with the
views Of the two departments concerned
thai Steps have been taken in each instance
IN render them nugatory and imperative.
Ordinarily the opinions Of the Attorney
General as the chief law officer Of the Gov
eminent are accepted ard his interpretation
Of law adopted, but in the present instance
the War and Navy departments regard his
decisions AS so illogical and contrary to the
hest interests of the Government that they
intend openly 10 defy them.
What possible complications this declara-
,,op If war against the Department Of JUS
rce. or at least a deliberate intention to
ignore Mr. Bonaparte's opinions, will lead
~ T. a matter for future development.
secretary Taft has gone so far as to imply
strongly tina, Mr.. Bonaparte's construction
leads 10 absurdity.'
The aw authorizing and providing for
the competition for the national rife contest
STIMULATES that the organizations entitled to
participation shall be the Army. Navy.
Marine Corps and the organized militia Of
the States No mention is made Of naval
brgades In an opinion by Major Porter.
acting Judge Advocate General Of the army.
which followed previous decisions upon the
same subject. the application was denied
m the ground that the law did not con-
template the participation Of naval militia
organizations. as they were not a part OF
the organized militia as defined under the
Dick militia law.
Mr. Bonaparte saw fit to override the
War Department for he decided that the
naval reserves are a part Of the organized
militia In view of the fact that the Dick
militia law requires that the State militia
.hall conform in all respects of organization
TO the Regular army by January. 1908, tie
decision carried to its conclusion would
mean that naval brgades must conform to
the army organizations; in other words,
that a jackItar Of the naval reserves must
lecome a landsman.
II was in contemplation of this situation
that Secretary Taft referred to the absurd
.lv" ~ the opinion of Mr.. Bonaparte.
The action in the matter taken by the Sec
,etary of War has set at naught and made
ineffective the opinion of the Attorney
General
The Navy Department has even a greater
grievance against the Attorney-General on
account of his opinions in regard TO the
purchase of submarine torpedo boats.
Pursuant to the provisions of the naval
aupropril,ion bill the Department went
10 the trouble and expense Of providing an
elaborate series of tests to determine the
comparative efficiency Of different boats
tor which lids were submitted.
l.r law provides that no part of the
appropriation shall he expended for boats
which aftsr tests should not grove to be
riutl - any boat row in the navy or under
contract for the navy. The BOARD which
conducted the tests prepared an exhaustive
report and. following the decision of the
Secretary Of the Navy, rendered its expert
Judgment as to- the comparative merits of
the boats submitted in competition,
The board was unanimous in declaring
that the Octopus was superior In all essen
tlil details to its competitor, the Lake, and
hat the type reprcs 1nted by the Octopus
was superior to the type repres by
the Lake. 1t even went so far as TO point
out the inferior points Of the Lake. The
report went to the board of construction,
which concurred in the opinion given. and
these reports were approved by the Secre-
tary of the Navy.
The matter which has been in contro-
versy in the Department for long time
Attorney General Bonaparte, in deciding
a point which Secretary Metcslf had sub
mitted to him in order TO make the caes
complete. came forward with one of his
famous opinions overriding and seeking
g. SET At naught all the work which the
Navy Department has been attempting
% do for eighteen months or more. With
o single sentence the Attorney General
cast aside the expert judgment Of naval
men and declared that the findings Of the.
llat.ar ~ frna rd "a
consideration, but not decisive"
lnat a law officer should thus override
the action of naval experts upon technical
naval matters has caused much indignation.
Furthermore. 1t is pointed out that the
Attorney Generals opinion. II carried TO
lie conclusions. as in the case with the
naval militia, would provide for the pur-
chase Of boats which the Navy Depart
lnent has declared explicitly to he "in-
ferOr.' In other words, in disregard OF
the law, the opinion considered as mean
ing that any sort OF boat may be purchased
providing there IL a promise on the part
Of the contractors to make them at least
equal in value for purposes OF naval war
Ia.e TO the Octopus"
the situation is just such as the Depart
ment has been seeking to avoid: that is,
the purchase Of paper boats rather than
thos' which have demonstrated their
lltnes, and efficiency Ivy actual tests In
Fact. a provision for the submission Of
laus aud designs was voted down in Con-
gress and the requirement made that such
boats should be purchased only after COM
piei" ests. The effect Of the opinion has
been 10 bring down on the Navy Depart
ncnt a swarms Of inventors with ideas.
designs. plans and wild promises. Only
one Of these inventors ever has submitted
submarine boat in competition. and in
this instance his boat was declared by the
naval board to be inferior to the type now
~ thA navy
u Is decided however. that the Navy De-
partment will not subject itself to the crltl-
clsm which would be certain to follow the
taking Of Mr., Bonaparte advice and the ex-
Pendl,ure Of any part of the 900 ap-
Proprlated by Congress for boats which the
Navy Department has formally and officially
declared to be inferior The final action
viii be- taken as soon as Secretary Metcaf
returns to Washington from his long trip
m the West, and II is said that he will follow
me recommendation OF his own board, in
view Of the fact that he has discretion in
the matter
Th' third opinion by MIR. Bonaparte to
winch exception is taken concerns the
conduit road, where automobilists have
he"n arrested by Maryland town marshal
shl s'ihJect ed TO heavy fines for speeding
ltar clr- The road lies above the conduit