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4 Geo. Wash. L. Rev. 520 (1935-1936)
Annotations of Opinions of the Attorney General of the United States

handle is hein.journals/gwlr4 and id is 532 raw text is: ANNOTATIONS OF OPINIONS OF THE ATTORNEY GENERAL OF THE UNITED STATES GOVERNMENT CONTRACTS-INTERPRETATION OF STATUTES-EF- FECT OF FAILURE TO COMPLY WITH STATUTORY REQUIREMENTS- DOCTRINE OF MUTUALITY-CONTRACTS VOIDABLE AT OPTION OF GOVERNMENT.-On August 29, 1916, the U. S. S. Memphis, a cruiser of 14,500 tons displacement, was cast upon the shores of Santo Do- mingo by most extraordinary tidal forces, unaccompanied by any wind whatsoever. Withers, The Wreck of the U. S. S. Memphis, 44 U. S. NAVAL INSTITUTE PROCEEDINGS 1459 (1916). All efforts at refloatation were futile, and after all material of value was removed from the vessel she was stricken from the U. S. Navy Register in accordance with the provisions of the Act of August 5, 1882, 22 STAT. 296, 34 U. S. C. § 491 (1934). The Act of March 3, 1883, 22 STAT. 599, 34 U. S. C. § 492 (1934), provides, among other things, that vessels stricken from the Navy Register under the provisions of the Act of August 5, 1882, supra, shall be sold to the person or corporation offering the highest price therefor above the appraised value, and that no vessel shall be sold for less than the appraised value unless the President shall otherwise direct in writing. No appraisal was made of the Memphis for the reason that she was a wreck and had no value except as scrap. The Act of June 30, 1890, 26 STAT. 189, 193, 34 U. S. C. § 543 (1934), authorizes the Secretary of the Navy to sell, without ap- praisement, after advertisement of sale, condemned naval supplies, stores, and material. The Navy Department, regarding the wreck not as a vessel within the meaning of the Act of March 3, 1883, supra, but rather as naval material within the purview of the Act of June 30, 1890, supra, advertised it for sale under the authority contained in the latter statute, and finally sold it in January, 1922, to the A. H. Radet- sky Iron and Metal Company of Denver, Colorado, at its bid price of $3,000 which was paid in full in due course. In March, 1922, the company was given a bill of sale containing the following provision: The A. H. Radetsky Iron and Metal Company, having be- come the legal purchasers of the U. S. S. Memphis, . . . and having paid the United States the sum of $3,000, the receipt of which is acknowledged, said vessel is hereby delivered to and declared to be the property of the A. H. Radetsky Iron and Metal Company.

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