The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-08-04
LITTAUER CASE is
SENT ON BY ROO
Secretary Of War Refers the Glove Contract Mat
ter to the Department of Justice

the course of the investigation, show
ing the prices paid, the profits real
lied and the numerous rejection OF
goods which fell short Of the stand
ards established by the department,
shows that this duty was thoroughly
and conscientiously performed"
Secretary Root makes the following
Endorsement on the opinion of the
judge advocate general, which sends
the case to the Department of Justice:
Il suppose there is no doubt that a
manufacturing firm, one member of
which happens to be a member of Con-
gress has a right to manufacture and
sell goods to jobbers who are filling
government contracts, and that they
do not come within the prohibition of
the statute, so long as the contract be-
tween the firm and the jobber Is a sep
arate and distinct transaction from
the contract between the jobber and
the government. There appears to be
no evidence that in the manufacture
of gloves by the Messrs. Littauer Bros,
to be used in filling government con-
tracts made by Lyons and others, there
was any violation of the statute eX-
cept in one case, the contract of Dec.
Z, 1898 1t is not the duty or the right
of the Secretary of War to adjudicate
that case, or to determine whether the
statute was or was not violated, except
in so far as it may be necessary for
him to decide what action, If any,
should be taken by the War Depart
ment in view of the facts disclosed. 1
think the indications of an interest by
the manufacturing firm in the jobberS'
contract with the government are suf-
ficient to require me to proceed upon
the theory that there is a prima facie
case of violation of statute. Three du-
ties are thereupon developed upon the
War Department.
First, to put the Department of
Justice in possession of the facts in
order that if that department finds the
law to have been violated it may take
appropriate measures for its enforce
ment. This will be done.
Second, to direct the proper author
ity of the department to demand re-
payment of any sum of money which
has been advanced on the part of the
United States in consideration of such
contract Strictly speaking. no money
has been advanced in consideration Of
the contract, but the goods purchased
by the government were paid FOR on
delivery. AS recommended by the
judge advocate general, the opinion
of the attorney general will be asked
whether within the meaning of the
statute such payment constitutes ,.n
advance for which demand should be
Tnade.
Third to determine whether any
officer of the army who was concerned
in the making of the contract was
culpable within the true intent of the
law. Upon this 1 find no evidence
that the facts known to the officers
of the quartermaster's department in
dicated any other relation between the
firm of Littauer Bros. and the fur
nishing of gloves to the government
than the lawful relation described at
the beginning of this memorandum.
The contracts were all made in COM
pliance with the requirements of law
upon public advertisement, on awards
to the lowest responsible bidder, and
each contained a declaration by the
contractor that no member of Con-
gress was interested; the prices APP
peat to have been reasonable: the
government appears to have got full
value for. its money; the inspection
appears to have been rigid, ana the
requirements of the specifications APP
pear to have been enforced. No in
fiuence and no motives except a de-
sire to attain the best interests of the
government appear to have operated
upon the officers of the army in the
transaction"