New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-04

snent with the performance OF the duty set-forth
IN Section g 739 of the Revised Statutes and 1t
is therefore recommended that a demand pc
made by the quartermaster general upon the
1lrm OF Iittauer Brothers for the repayment OF
whatever sum is found to have been palo IN
consideration of the contract Of December =
1898, with r. r. Lyon. extended, in accord
ance with its terms, by the quarternasters de-
partneut.
It viii be observed that Section 3,739 OF the
Revised Statutes requires that demands shall be
made for the repayment of any sums OF money
which may have been advanced on the part of
the United states in consideration OF any such
contract or agreement and, in the case or a
refusal or delay TO repay the same the statute
goes to require that suit shall be Instituted
for the recovery of any such sum of money SO
advanced" thus making an important dlstinc-
lion between those portions OF the cohSldeIa-
tion which advanced and those which re-
tain their executory character.
Having regard TO the highly penal character
Of the statute above cited, which requires it TO
receive strict construction at the hands of the
department, II is recommended that the opinion
Of the Attorney General be obtained to
whether in view of the fact that the contract
has been completely executed, that the entire
stipulated for have been delivered TO and have
become the property of the United States, the
whole or portion shall be made the subject OF
the demand.
ARMY OFFICERS ENUMERATED.
The fact that a member of Congress was an
active manager Of q firm which made large sales
If gloves and gauntlets to contractors with the
fQuartermaster's Department should have caused
the officer charged with the making of such con-
tracts TO scrutinize their execution with de.
gree OF diligence measured by the likelihood or
attempted violation Of the statute and
should also have caused him to be on his guard
for evidence of financial weakness on the part
Of the principal in the performance Of the agree
snent The fact that Il perfectly lawful
8or the bidder to make purchases OF any firms
engaged in the making of gloves, whatever
their composition made il difficult for the con-
tFacting officer 10 ascertain whether a corrupt
sntent existed long the terms Of the con-
tract were carried cut in apparent good faith,
and IL made It similarly difficult to obtain in
formation of a positive character in respect to
the execution of a particular contract that
would justify a formal inquiry. 1t was the
first duty Of officer charged with making
purchases in behalf OF the United States to see
that the articles procured were of standard
quality and that the prices paid were reason
able. The testimony elected during the course
OF the investigation showing the prices paid the
profits realized and the numerous reflections OF
goods which fell short Of the standards estao-
1ished by the department shows that this duty
was thoroughly and consclentiously performed.
General Davis says that the testimony of two
witnesses who could not be found by Colonel
Warrington is rather important. and recon-
znends that the investigation be continued with
p view OF getting their testimony. When taken,
he says, Ct can be referred to the Department Of
gusttes with the other papers in the case.