Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-04
COAL FOR THE CRUISE
Foreign Vessels May Be En-
pIoyed for Transportation.
LEGAL OPINION RENDERED
Views of the Attorney General
Stated
THE NAVY DEPARTMENT UPHELD
Decision on Several Questions Sub
mitted for the Consideration Of
the Law Department.
THE NAVY DEPARTMENT UPHELD

Attorney General Bonaparte has advised
the Secretary of the Navy that the Navy
Department may use foreign vessels for
Transporting coal from the Atlantic coast
to the Taa.fc coast in foreign bottoms
when suf'"i mt American vessels cannot
be had or tn charges made by them are
excessive AID unreasonable. That opinion
uphOlds the contention of the Navy De-
partment which. acting on the advice Of its
own law officers, has chartered vessels of
foreign registry for transporting Cargoes
of coal to the Pacific coast. 1t has been as
serted that such action was in violation of
the law governing the coastwise trade,
which provides that no merchant Sc shall
be ansported by water, under penalty of
forfeiture from one port of the United
States to another port, either directly or
via a foreign port, or for any part Of
the voyage, in any other vessel than
vessel of the United States.
Several Questions Submitted.
Several questions were submitted to the
Attorney General by the Navy Department.
To the question whether the prohibition
contained in the law extends to merchan-
disc, which constitutes property owned
by the government" the Attorney General
replies in the negative. 1t is a wellset-
tied principle of statutory construction, he
says, that a prohibition of mat character
does not extend to or affect the sovereign,
unless its language requires that such a
meaning shall be given to it.
The Attorney General refers to the act of
April Is, 1874. which he says makes it the
duty of the War and Navy departments to
employ in general vessels of the United
States and no others for the transportation
of coal and other supplies for the army
and navy He points out however, that
the statute contemplateS the possibility
that 1t might be impracticable to comply
with its terms without exposing the govern
ment to exorbtant and unreasonable ex
pense. and, the Attorney General says, ''it
is intended. in such an event, that even the
very strict terms of the prohibition shall
not prevent the transportation of articles
evidently necessary for the maintenance
and efficiency OF the national forces. The
contingency that there might be no Ameri-
can vessels obtainable at any cost. how
ever great, to transport the articles In
question is not expressly covered by the
terms of the exception, but, in view of the
evident purpose of the statute, which was
plainly to encourage the development of
American shipping, and the grave conse-
quences which might ensue from a failure
to supply the army or navy with fuel, food
or munitions of war, we are entitled and,
indeed obliged, in my opinion. to apply In
this case the rule that a reasonable con-
StructlOn must be applied TO the lnterpreld-
ton of all legislative acts; and. therefore,
that when no American vessels can be pro-
cured even by the payment of unreasonable
and eXorbitant charges. there is the same
right to employ other means of transpor-
tation, which is expressly granted when
such vessels can be procured only at an
excessive cost to the government
The Attorney Generals Conclusion.
Further on reference is made to section
371s of the Revised Statutes. which pro-
vides among other things, that transporta-
ton for the navy, when time will permit,
shall be furnished by contract, by the low
est bidder and discussing that phase the
Attorney General reaches the con clusiOn
that when the Pres dent shall find the
facts he Is required to pass upon by the
terms of this statute the navy is author
lied to procure transportation for coal or
other supplies which it may purchase FOR
the use of the navy, through a free COM
petition. open to both American and for
eign ship owners The Attorney General
adds:
1T is to be observed in this connection,
as showing that the preference to be &C
corded American vessels was not intended
to prevent the employment of ships owned
by foreigners, in certain contingencies, that
this preference is subject to an affirmative
condition. namely, that the vessels claiming
it must not discriminate against the gov
eminent in their charges, as these COM
pared with rates of freight establ shed for
private shippers: that the statute would
not be operative at all if the American yes
sells available for transportation charged
less to private shippers for the like service
than they did to the government. 1t seems
obV Gus, therefore, that the preference
granted by this statute is to be construed
as a privilege to be claimed by American
ship owners. and which is imperative If
not claimed under the condit ons prescribed
by the law ITSELF
The decision has an important bearing on
the award of contracts for transporting
coal for the of the battleship fleet on
its coming IA UtD-mile cruise to the Pacific
In conformity with its terms it is expected
that contracts for shipping more than
90 per cent of that coal will be awarded to
vessels of foreign register.