Joseph McKenna

“ By denominating the order of the Secretary as an improper interference, we mean in a legal sense. The facts show that he considered the order as a proper exercise of his authority, and beneficial to the United States. ”

“ The contract is very explicit in that all labor and materials 'shall be of the best kind and quality adapted for the work,' and subject, not only to the approval of the civil engineer at a particular time, but subject to the approval of any engineer subsequently appointed, 'with full power to reject any material or work, in whole or in part, which he or they (some other competent officer or person or persons) may deem unsuitable for the purpose or purposes intended. ”

“ To so hold would destroy the power reserved by the United States to appoint any competent person to inspect the work and material. The engineer was given power to judge, not a type of stone, but particular stones. It was such stones which were to be 'hard, clean, and free from seams and imperfections, and of good bed and build.' Such was the power of the engineer in charge, but who should be the 'engineer in charge' depended upon the appointment of the Navy Department ”