United States v. Walsh

• Decision Date: 05 April 1901
• Parties: UNITED STATES v. WALSH et al.
• Court: U.S. District Court — Southern District of New York

108 F. 502

UNITED STATES v. WALSH et al.

United States Circuit Court, S.D. New York.

April 5, 1901

George H. Gorman, Special Atty., and Arthur M. King, Asst. U.S Atty., for the United States.

Howard A. Taylor and Origen S. Seymour, for defendant Walsh.

James R. Soley, for defendant Crimmins.

LACOMBE Circuit Judge.

Gentlemen of the Jury: There are some very interesting questions in this case,-- questions of law, which will appropriately come at the proper stage, before an appellate tribunal. The view which I have taken of this case for some time has not been changed by the arguments to which I have listened. It is unnecessary for me to deliver, or undertake to deliver, any extended opinion upon the points that have been argued, or the questions presented, and consume your time sitting here to listen to it. It is sufficient that I indicate, in the briefest way, three or four propositions which lead me to the conclusion that there is nothing here to submit to you.

In the first place, it is not disputed that, when the federal government enters into a contract with an individual, the rights which it acquires, and the obligations which it assumes, are the same rights, and the same obligations, which would be assumed were it an individual. The contract is to be construed accordingly. In this particular instance we have a contract whereby an owner of land contracts with a contractor for building a structure on the land, and the contract is an extremely elaborate one, with many provisions in it. It contains provisions whereby, from the very beginning to the very end of the work, the owner shall be advised, from time to time, of what is taking place; and it not only secures to the owner the right to make such examination, but it makes it a duty on the part of the owner to see to it that there is a constant inspection, and that it is constantly advised as to how the work is going on, so that before the contractor goes to some new branch, to superimpose work on what is already finished below, he goes with that knowledge secured to him that the owner has had opportunity and presumably has observed what work has been done before. And, the matter having reached its conclusion, the builder-- the contractor-- says: 'My work is completed. Here it is. You say you won't take this and you won't pay me, until you have had an inspection and test, and satisfied yourself as to it. Now, here is my work. Look it...