The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-04

10 Bid Low Enough 10 Get the Con-
tract--Importa ant Testimony That Has
Not Yet Been Taken-.Ju,ige Advocate
General Davis Explains What the
share the Profits" Agreement was.
WASHINGTON, Aug. 3-Secretary Root
announced this afternoon that in his opinion,
tho report of Col Darlington indicates that
the firm Of Littauer Bros. was sufficiently
interested in the contract of Edmond r.
Lyon with the Government for gloves and
gauntlets to require him to proceed upon
the theory that there is prima facie case
Of violation of the statute prohibiting Mem
bers OF Congress from sharing in the profits
Of Government contracts
The question Of damage repayment
from Littauer Bros. will be referred to
part of the money paid to Lyon shall be
demanded. Secretary Root is Of the opinion
that no officer OF the Quartermasters De-
partment had any culpable knowledge Of
Representative Littauer's connection with
the contracts, and he says that the contracts
were all made in compliance with the law
All the papers in connection with the War
Department investigation Of the glove and
gauntlet contracts were made public this
afternoon. The documents include Secre-
tary Roots opinion. Judge Advocate
General Davis's opinion Col. GarlingtOn's
report and the testimony Of sixteen wit
nesses examined by Col Darlington.
Among the witnesses examined were
Brig Gen. J. v Furey, retired, who was
depot quartermaster in Philadelphia, and
made many of the contracts under investi-
CATION Timothy Keck of Johnstown, N. Y,
glove manufacturer; j.. y. Lttauer,
Member Of Congress; E, r. Lyon, the con-
tractor with whom il il charged Represen-
tative Littauer was interested; Col w. y
Patten, Of the Office of the Quartermastcr-
General in the War Department. and several
glove manufacturers.
LETTERS AND TESTIMONY OF Mr.. KICK
An interesting part Of the testimony Of
Timothy Keck is the following letter writ
ten to President Roosevelt in 1901:
Honorable Theodore Roosevelt:
KIND SIR: If you will spare me Just little
of your valuable time. would like to ask YOU
few questions in regard to some matters
pertaining to this Government and in which
I am Interested to some extent. Will be- ne
brief as can and your early answer will b"
awaited.
First-In contracting for Government sup
plies would you uphold the law az right and
~ oil IN Ibuura2
Second-If you were to find that any OF tn"
laws had been violated and that an injury
had been done to other bidders, whereby
there was no chance for the spall manu-
fucturer, as heretofore, what would you do?
Third-Would friendship stand in the way
OF your decision?
This will be all at this time. Thanking
you in advance. remain, yours respectfully.
WILLIAM T. KECH.
This letter is one Of the exhibits In the
report made by Col. Darlington and made
public to-day by Secretary Root. The
reply is also given:
WHITE House,
WAsHINGTON, ID. C., Nov. 20 1901 '
My DEAR SIR: Your letter Of the 23d inst
that for reasons which will readily occur TO
YOU the President cannot undertake to answer
inquiries of the kind You \ ma Ee Very truly
Secretary to the President.
Nothing more was heard from keck
until july 10, 1902, when his son, William
Keck, wrote the President about the Con-
gresham from his district. He said:
| Hon Theodore Roosevelt;
SIR; Some months ago you were .wrltten a
| letter in regard TO your opinion In reference 70
violating Of Government contracts atwaS
| meant by this was that the Ia says certain per
sons shall be fined i dirGGIy or indirectly t9eg
! Of any army goods, and at that time you
said you we're unable to answer. for certain
| reasons , -
| shown that such matters existed. would You
| be one to enforce the law or not, and icy per
| sons so doing have. any advantage OF the
The questions, your Honor. may, not be
| answered this time, but as gentleman
have asked them, and such matters going on
! to-day in the Department. are allowed simply
| because people are afraid that some one WIZ
be harmed If looked after; but thing now tina.
| II men who are put IN office use that once
When say this vii! include. only one OF
whom I speak. and that the Congressman
from our district, and who claims by our
| papers to be your close adviser In Govern
| mcnt Affairs, and what state to you IL true
! and all ! would like TO know ia your opinion
IL you will kindly tell me 4 YOU think I'M,
respect and feel that you will answer me In
this Yours respectfully
! WILLIAM L. hECk.
The above letter was referred to the
| Department OF Justice and William keck
received from Acting Att orney- General
! Hoyt letter, stating that the Department
| would give the matter full consideration
| II Mr.. Keck would write direct, fully stat
| ing his complaint Later, in October
| 1902. acting Attorney General Richards
wrote MIR. Keck, explaining how he would
bring the matter Of any violation OF the
law 10 the knowledge Of the proper officers
| According to the testimony OF Timothy
| Keck the second letter to President Roose-
Welt was written about two months after
the conference between Keck and Repre-
sentative Littauer at the Liberty street
ferry in New York. in response to this
| telegram
Would like to meet you at 7:i5 tomorrow
| morning at Liberty street ferry. Am on
my way to Washington TO talk 10 you apou'
contract
Keck said In his testimony that Mr. Littauei
wanted him to place his bid 40 some other
bidder could take the contract.
Col. Darlington asked:
And then you were to be given so much
| to keep out of it?'
Keck replied
"Ycs, SO much per pair"
| All the testimony was reviewed by Judge
Advoc at General Davis and Secretary
Root before reaching any conclusion az to
! prima facie case.
! SECRETARY ROOTS OPINION.
! Secretary Roots opinion and inGorse
! ment are attached TO the opinion OF Judge
Advocat General Da Wis and are rs follows
| suppose there IL no doubt that a manu-,
| featuring firm, one member Of which happens
| to be Member of Congress, has q right IA
/ manufacture and sell goods to Jobbers who