The Washington herald., 1907-08-19

A series OF recent opinions 10y Attorney
General Bonaparte has set the Navy De
partment and the War Department soreiy
al odds with the Department of Justice,
So much are these opinions of Mr.. Bona
parte at variance with the views Of the
two departments concerned that steps
have been taken in each instance TO
render them nugatory and imperative
Ordinarily the opinions OF the Attorney
General as the chief law officer or the
government are accepted, and his inter-
pretation of law adopted. but in the pres
ent Instances. in the matters in question
the War and Navy Departments regard
his decisions as so contrary TO the best
interests of the government that they
intend openly TO defy them
What possible complications this decla-
ration Of warfare against the Department
Of Justice. or at least intention to ignore
Mr.. Bonapartes opinions, viii lead to is
a matter for future developments. Sec
retary Taft has gone so far as to infer
strongly that Mr.. BonapaTte's construc-
ton leads to absurdity."
When arrangements We're being made
being shot al Camp Perry Ohio, apph-
cation TO be represented by a separate
team was made by the Massachusetts
naval militia.
Naval Brigades Not Mentioned.
The law authorizing and providing for
the competition stipulates that the organ
lZatons entitled 10 participation shall be
frr
organized militia Of the several States
No mention is made OF naval brigades.
in an opinion by Mai Porter. Acting
Judge Advocate Of the army. and follow
ing previous decisions upon the same
subject, the application was denied on
the ground that the law did not con-
template the participation of such organ
izauons. as they were not part of the
organized militia as defined under the
Dick militia law Mr. Bonaparte saw
fit 10 overruIe the War Department, and
decided that the naval reserves are
part of the organized militia. In view
OF the fact that the Dick militia law re-
quires that the State militia shall con-
form in all respects OF organization 10
the regular army by January, 1905. the
decision carried 10 its conclusion would
mean that naval brigades must conform
10 the army organization: in other words.
that a jack tar of the naval reserves
must become a soldier i was in con-
temptation Of this situation that Secre-
tary Taft referred 10 the 'absurdity" of
the opinion Of Mr. Bonaparte. The aC-
ton in the matter taken by the SeCre-
tary OF War has set at naught and made
Ineffective the opinion of the Attorney
General
Trouble over Submarines.
The Navy Department has even a
greater grievance against the Attorney
General on account of his opinion in the
matter Of the Observation-Disclosures award
for the purchase Of submarine torpedo
boats. Pursuant 10 the provisions OF the
naval appropriation bill the department
went TO the trouble and expense Of pro-
viding an elaborate series Of tests 10 de-
termiue the comparative efficiency Of diff
ferent boats, for which bids were sub
mitted The law provided that no part
Of the appropriation should BE expended
for boats which, after tests, should not
prove 10 be equal to any boat now in
the navy. OF under contract for the navy.
The board which conducted the tests
prepared an exhaustive report, and fol-
lowing the direction 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 essential details to
al @T.,
type represented by the Octopus was su-
perior to the type represented by the
Lake. II even went so far as 20 point
out the inferior points Of the Lake. The
report went to the board on construction,
which ooucUrred in the opinion given,
and these reports were approved by the
Secretary of the Navy.
Renders Work Useless.
The matter. which has been in contro-
versy in the department for a long time.
was regarded practically as settled. when
Attorney General Bonaparte. in deciding
point which Secretary NIetcalf had sub
mitted IN order 10 make the case complete,
came forward with an opinion overriding
and seeking to set at naught all the work
which the Navy Department had been at
tempting to do for eighteen months or
more. The Attorney General cast aside
the expert Judgment and recommendation
OF naval authority. and declares that the
findings of the departments board were
suitable for consideration, but not de-
cisive"
That q law officer should thus overrule
the action of naval experts upon technical
matters has caused much Indignation.
Furthermore, IT is pointed out that the
Attorney Generals opinion, If carried to
its conclusion, as in the case with the
naval militia. would provide for the pUr-
chase of boats which the Navy Depart
ment has declared explicitly TO be in
ferior In other words, in disregard Of
the law, the opinion is considered as
meaning that any sort Of boats may be
purchased, provided there is a promise on
the part of the contractors to make them,
in the language Of the opinion, at least
equal in value for purposes OF naval war
fare TO the Octopus, or whatever may
be the best boat
Revives cid situation.
The situation is just such as the de-
paTtment has been seeking to avoid, that
IS, the purchase of paper boats, rather
than those which have demonstrated
their fitness and efficiency by actual tests.
In fact. a provision for the submission Of
plans and designs was voted down IN
Congress. and the requirement made that
such boats should be purchased only
after complete tests. The effect Of the
opinioh has been 10 bring down upon the
Navy Department a swarm Of inventors
with ideas, designs, plans, and wild
promises only one of whom has even sub
mitted a submarine boat into competition.
and IN this instance his boat was declared
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