Rensselaer Republican, Volume 17, Number 45, Rensselaer, Jasper County, 16 July 1885 — BAD FOR JOHN ROACH. [ARTICLE]

BAD FOR JOHN ROACH.

Attorney General Garland Holds that the Dolphin Cannot Be Accepted. [Washington dispatch.] Attorney General Garland has rendered a de- ‘ cision on the three points relative to the acceptance ot the Dolphin bv the Government, submitted to him by Secretary Whitney. He holds ; that the vessel cannot be accepted; that no coni tract exists between Mr. John Roach and the Government: and that the large sum of money paid to him for the vessel may be recovered. Mr. Garland says: This vessel, you inform me. has been found to be defective in three particulars, two of which are fundamental: First, she does not develop the power and speed which the contract calls for; second, she is pot stanch and stiff enough for the service expected of her; and third, the general character ,of her workmanship does not come up to the requirements of the contract. As to the j defects in the article of speed, the act of Congress under which the vessel was built makes ' an appropriation for the construction of “one dispatch naval boat as recommended by the Naval Board in the report ot Dec. 20, 1882.” The board recommended the construction of “one dispatch vessel or clipper, to have a speed of fifteen knots." and I take it that the recommendation became, by force of this reference to it, as much a part of the statute as though it had been reciteu therein, word for word. The Doi; hin not having been constructed in strict conformity to the act of Congress, the Attoniey General assumes that nothing short ot an act ot Congress could authorize her acceptance. If the vessel is wanting in the necessary strength and stiffness, as reported, the Attorney General says the defect is fundamental, and sufficient to warrant her rejection. As to the third Objection, because of - the character of the workmanship, the Attorney i General says it can be dealt with by Secretary; i Whitney, provided the contractor is willing and* ' ready to make the vessel satisfactory. The i Attorney General concludes: . i As to whether the Government has been in any ; wav estopped or compromised by the acts of acquiescence, approval, or acceptance by the advisory board or others, I am of the opinion that the Government stands unaffected by any such acts. This must be the case, necessarily, if the law authorizing the building of a dispatch I boat is to have effect. Its language is that “no I such vessel shall be accepted unless completed I in strict conformity with the contract, with the ; advice and assistance of the naval advisory I board” * * * and, consequently, no acceptance of the vessel not bniit ‘ in strict comlorm- | ity with the contract” could bind the GovernI ment. Neither the Secretary of the Navy nor i any officer under him had any dispensing power ! over this statute, the words of which, appe ring as they do in a context displaying great solici- - tude for the protection of the public interests, cannot be taken in any other sense than mandatory without a plain disregard tot the intention. It follows, then, that no contract exists between Mr. Roach and the United States, and the large sums of money which have been paid Mr. Roach have passed into his hands without authority of law, and are held by him as so much money held and received to the use of the United States, and may be recovered from him; and not only so, but the money thus paid him by officials holding a fiduciary relation to the Government having gone ihto the ship Dolphin, a court of equity will foliowit there, and for that purpose entertain a proceeding against the ship itself.