The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-10-29
SUIT TO RECOVER A BIG SUM.
GOVERNMENT TO SUE THE ATIAN-
TIC CONTRACTING COMPANY.

TIC CONTRACTING COMPANY.
Alleged 10 Have UnIavfuIIy Re-
ccived $i,G0O.0CO Through COIIu-
sion with Capt. Cnrtcr-Friends OF
the Captain COncede That lie win
Re Dismissed From the Service.
No Chance to Escape ImprisOn-
men hut Through Executive CIem-
cncS.
Washington. oct. 2S.-Although the Pres
ideut has not finally acted upon the case
of capt. Garter, it is conceded by some OF
the captains best friends that he will be
dismissed from the service, and proceed-
ings win be instituted against Messrs.
Green and Gaynor, the principal officers
of the Atlantic Contracting Company OF
New York
A suit viii be brought TO recover 81, ,6O0,-
O0O. which IL Is charged has been unlawful~
ly obtained by this company from the gov
ernment through its collusion with Capt.
Carter.
1t is the positive opinion OF the officials
of the war department. who are familiar
with all the details of the case including
the review recently made of the court
martial proceedings in the case Of Capt.
Carter by former Senator Edmunds, who
was made a special attorney Of the depart-
ment Of Justice for the express purpose OF
ascertaining:
First. Whether the proceedings against
Capt carter were entirely regular, and the
findings and verdict In accordance with
the evidence.
Second. What steps, II any. should ba
taken against the Atlantic Contracting
Company and against Capt. Carter 20 re-
cover the amount Of which the govern
ment Il Is alleged, has been defrauded
As result of the investigation made
by former Senator Edmunds It Is said
there is no escape for Capt Carter's dis
missal and imprisonment, except through
the exercise of executive clemency It is
not true, the Morning News correspondents
was assured by high official of the war
department to-day, that Judge Edmunds
found serious legal flaws In the proceed
ings against Capt Carter, and, therefore,
held them to be void. The correspondent
was told that Mr. Edmunds, In reviewing
the case found some minor discrepancies
IN the action of the court martial, but
none of sufficient Importance to effect the
general result or 10 justify a retrial.
In his report, Mr.. Edmunds points ouu
| that an officer cannot be punished twice
| for the same offenae and the President
! is reminded that the mitigating power in
the sentence OF the court martial In Capt.
| Carter's case is In the hands of the chief
/ executive The inference from this is that
I Capt Carter VIII escape a further trial i'm
the civil courts and that the strong polit-
| cal and social influence brought to bear
ia his behalf may yet operate to save
/ him from the penitentiary, and from the
| humiliations Of having his offense pub
| loly placarded al his place OF residence.
as contemplated by the sentence of the
court martial. While the President may
decide TO lop of the imprisonment and
| placarding features OF the sentence, no
one az the war department supposes for
/ moment that he will exercise the miti-
eating power to the extent of allowing
him to remain In the army.
| The conclusion most important TO Capt.
| Carter reached by Mr.. Edmunds. Is that
| which Is against his retrial by the civil
| court If Capt. Carter has profited by his
alleged collusion with the contractors, the
! government, therefore, has no way OF re-
covering from him directly. The Morning
News correspondent is assured by the
same authority that there was nothing in
! the report made by Mr.. Edmunds 10 pre-
vent the government from Immediately
| entering suit to recover the amount from
the Atlantic Contracting Company, In
which suit Messrs Green and Gaynor will
be the principal defenders.
! Various estimates have been made as to
the exact amount of which the governmenr
| has been defrauded by reason Of Capt.
| Carter's collsion with the Atlantic Con-
tracting Company, and some of the fig
ures were up TO as much as S2000.0O0. The
| exact amount, as estimated on the basis
of the evidence adduced by the court mar
tIal. is. according to the war department
authorities, 81 100000 The amount paid to
the Atlantic Contracting Company at va
rious times during Capt. Carters regfme
aggregated over 100000. but careful es-
innate fixes the amount unlawfufly paid
the company by reason of imperfect work.
not done at all at the amount mentioned.
There is still due the company about $780,
0O0 The engineer officers at the war de-
partment consider its significant that no
attempt had been made by the company
to obtain payment of this amount, nor
has the company done anything toward
the resumption of work I'm connection with
! it's continuous contract which calls for
work involving the payment of over $780,
/ 900 more.
The delay In acting upon Capt. Carter's
case has not only stopped work altogeth-
! er on the Savannah improvements, but
| has caused a loss TO the government by
reason OF the deterioration Of the work
| previously performed.
IN III