The times., 1901-03-24

OF letter written by secretary I1oo' ~
The briggs Company. The communicates
l'1o"S' August 4, 1900
Gentlemen: I am informed that
Won have sold and delivered TO the
Republic of Colombia number OF b.
FOUNDER guns for the armament - Il q
cruiser, and have Delivered 20 Ileill
1900 rounds of ammunition for such
guns and are about TO denver an au-
dilional 1000 rounds.
Under the contract made pE YOU
with the Chief Of Ordnance, JnlJeu
states Army. April Is, 1898, you are
now in default by the non-delNeTy
of 1000 rounds Of ammunition Tor
6-pounder guns. all OF Which, bN tne
terms of the contract, should nave
been delivered by August =, lSS' ana
by the non-delivery of 5,ev ROUNDS
called for by the supplemental order
under the same contract.
ION October 1898. In order TO 1aclll-
tate you in performing THIS contract,
which YOU appeared otherwise unaDle
TO perform. and to enable the Govern
ment 10 get the desired ammunition,
permission was given you TO use lhe
large press at the FrankfOTd Arsenal
for the purpose Of drawing the am
munition cases to be furnished under
this contract.
I am Informed that the ammunition
furnished by you to the Colombian
Government is contained Ia cases
this press under the permission re-
ferred to- You have no right to use
the cases thus manufactured tor any
purpose other than for ming your
contract TO the United States Govern
ment You had no right to use your
plant and machinery for the manufac-
ture OF guns and ammunition Tor oJh-
er customers, leaving your contract
with this Government unified
The violation OF your obligation -
this Government appears 10 be all the
more fragrant because of the fact that
on the Sth Of July, 1899, you obtained a
further contract from this Government
for the delivery Of forty 6-pounder
and forty 15-pounder rapid ire
guns. all of which under the terms Of
The contract should have been deliver
cd 10y the 1St Of August. 1880. ana none
Of which has as yet been delivered
An opportunity viii he afforded Eou
at any time during the coming week
ending Saturday 18th, 10 make any
statement in writing you may choose
TO make uUOn this subject. and 70 give
any req sons YOU NAV have why re
course should not be had TO the rene
dies STIMULATED for by the fifth clauses
Of the aforementioned contracts,
either by supplying the deficiency in
open market. or declaring the contract
TO be null and void.
Yours respectfully.
"ELIHT ROOT.
Secretary of War
milton Company, Kellogg Building,
Washington, D. c..
In the brief of the American Ordnance
counsel is the following. which
they claim is the part Of the defence bear
ing directly on that OF the Driggs-Sea-
bury Company's attorneys. and which fl
is asserted is now on file at the War De
partment:
..,4-,.. -;,- ,.-,.;1 7coc +raz- Y,.d e,;,-o,,
TO the department a greater number OF
rounds Of ammunition 6-pounder) than
the number called for in their contract
that the 2.0p8 rounds Of steel shell referred
10 by Mr. Root they had on hand and in
readiness for delivery, and We're only pre-.
vented from doing so for the reason that
the Ordnance Department had made So
many repeated changes in regard 10 the
quality of powder to be used.
THAT default as to the 5000 rounds
called FOR by supplementary order was
erroneous for the same reason, and that
under recent directions from the ord
nance Department il would be about tive
months before the powder authorized
could be ready for the remaining ammu
milton.
THAT in work upon cartridge cases al
expenses Of running plant and labor. a,
well as the much greater part Of tn,
work and labor done at Derby: that the,
had also paid for all material employed
and thought that the product was thei
property until tie Ordnance Department
had received and paid for it.
That while they were supplying them
selves with plants requisite TO do tn
hi
held up for months waiting determination
on the part Of the Ordnance Depart
ment in regard to the powder question
they did not think they were violatin
either law or morals in selling 552 cart
ridge cases, for cash. 10 the Colombia
Government, which they could not ge
from this Government. having in min
that they still had 2G3G. on hand an
could replace the So and mauufactur
enough additional TO keep their contract
as soon as they could get the proper pow
Ger 10 go with them.
The officials of the American Ordnauc
Company deny that there is anything pei
soual in tie charges made. They say tina
they simply want to see justice done. ]
is held by them that the Comptroller O
the Treasury has no right 10 allow IN
Driggs-Seabury Company one cent TO
work done until that company has pai
into the Treasury the sum Of SSD0001 o
penalties accrued.
The brief, as fled, states the follow
ing.
Amy payment to the Driggs-Seabur
Company is unlawful for the reason tina
there Is no legal warrant for SO doing
as this company has by its actions for
felted AZ rights our Intervention
based on the following points. First. tina
We were competing bidders under th
original contracts FOR the work Second
~ that favoritlsm has been shown tn
BTi2gs- -SeabuTg Company by the War De
partmcnt i'm altering the terms or con
tracts 10 suit that company and modify
ing contracts 10 save IL from loss q
money and contracts This is q frau
on all other bidders and a serious daTnag
tn the interests of the United States NJ
can justify our position by the languag
used by the Comptroller Of the TreasurS
as follows.
As time is usually an important cle
ment considered by bidders in fixing th
price Tor piece Of work. IL is fair 10 pre-
sumo that bidders named higher pric
for completing the work covered bv tbi
contract than would have been named ha
II been understood by them that a longe
time would be granted the successft
bidder. To give such successful bidds
additional time after the award has bee
made and without an adequate consider.
tion. Is an undue advantage to the sut
cessful bidder If not an actual fraud uUo
the other bidders. and a damage to n
United States, none the less real becaus
the amount thereof is not easily ascel
fainable
THE law has been 50 earbled as 10 pc
init the DTiggs-Seabury Company 10 Z
ahead, although for three years the Co
ernment has been trying 20 get guns an
ammunition from that company und