Evening journal., 1903-08-04
GLOVE CONTRACT
IS MADE PUBLIC
Senior Member of Firm Get
ting 1t Is a Member of
Congress
INSPECTOR SUBMITS REPORT

Washington, Aug. 4.-Secretary ROOF
has made public all the papers relating
to the investigation into the govern
ment contract for gloves with e. Il.
Lyon. Tais contractor secured the
gloves from Littauer Brothers. the
senior member of the firm L. N. Lit
tauer. being a member of congress.
Secretary Root referred the case to the
department of justice in order that it
may be ascertained II the law has been
violated. and If so. that appropriate
measures may be taken in the prem
iseS There is a statute which prohib-
its contracts for government supplies
being made directly or indirectly with
a member of congress, and this was
the basis of the investigation by the
war department Colonel Darlington,
Of the inspector general department.
was directed by Secretary Root to make
an investigation of the whole matter,
which he did. taking testimony and
submitting a report as to the facts in
the case.
hlo ltlOiA anu lit NtoliuOnN were
referred to Judge Advocate General
Davis, who made an extensive review
and submitted an opinion to Secretary
Root
In the course OF his report and opin-
ion General Davis says:
1T appears from the testimony that
on October Is. 1898. a contract was
awarded to Lyon for 5000 pairs Of
muskrat gloves at s154 per pair; on
December Z, 1898. a second contract for
10000 pairs was awarded to Lyon at
s1.70 per pair, a stipulation being in
serted to the effect that deliveries un-
der it could be increased SO per cent.
at the discretion of the officer making
the contract. The government took ad-
vantage of the stipulation. and 30,061
pairs were actually called for and de-
livered under the contract of December
T. 1898. Some discussion having arisen
as to the price which Lyon was to pay
for gauntlets delivered under the con-
tract of December Z, an agreement was
entered into between Littauer Brothers
and Lyon to the effect that an accurate
account of the cost of manufacture was
to be kept. and if. after the contract
was completed, it should prove that
the cost Of manufacture did not equal
s1.65 per pair, Lyon was to receive one
half of the profits. There was a profit
of S3,537O5, one-half of which was
credited to Lyon on the books of Lit
tauer Brothers. A case falling within
the prohibition of the statute is clearly
shown in the testimony, which, in the
opinion of this Office. charges the de-
partment with the performance of the
duty set forth in section S7S9 of the
Revised Statutes; and it is, therefore.
recommended that a demand be made
by the quartermaster general upon the
firm of Littauer Brothers for the re-
payment of whatever sum is found to
have been paid in consideration of the
contract of December Z, 1898, with E.
r. Lyon, as extended, in accordance
with its terms, by the quartermaster's
department"
General Davis recommends that the
testimony Of two witnesses who could
not be found by Inspector Darlington
is rather important, and that the in
vestigation be continued, with a view
of getting their testimony. When taken
he says it can be referred to the de-
partment of justice with the other pa
pers in the case.