Alma record. (Alma, Mich.) 1878-1928, 1903-08-07
THROUGH JOBBERS
congressman Can Sell Goods to
the Government.
GLOVE CONTRACT QUESTION
Advocate General Davis and Secretary
Root Give Their Opinions-littauer
Brothers Sold Goods Through a
Middleman.

washington, d. c., Aug. 4.-Secre-
tary Root has made public all the pa
pers relating to the investigation into
the government contract for gloves
with f. r. Lyon. This contractor Sc
cured the gloves from Littauer Bros.
tho senior member of the firm, Mr..
l. n. Littauer, being a member Of con-
II ess. Secretary Root has referred
the case TO the department of justice
in order that IL may be ascertained If
the law has been violated. and If so
that appropriate measures may be
taken in the premises.
There is statute which prohibits
contracts for government supplies be-
Ing 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
inspectorgeneral's department was di-
rected 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. This report and the testi-
mony was 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 opinion General Davis
says:
The fact that a member of con
gress was an active manager OF a firm
which made large sales of gloves and
rauntlets TO contractors with the quar-
termaster's department should have
caused the officer charged with the
making of such contracts 10 scrutiniZe
their execution with a degree Of dill
gence, measured by the likelihood OF
an attempted violation of the statute.
and should also have caused him to
be on his guard for evidence of finan-
cial weakness on the part of the prin-
cipal in the performance of the agree
ment"
General Davis recommends that the
testimony of two witnesses who could
not be found by Inspector Darlington
is rather important and that the inves-
Dt CODtlnutu, NIlH d view VI
getting their testimony.
Secretary Root makes the following
Endorsement on the opinion of the
Judge advocate general, which sends
the case 10 the department of Justice:
II suppose there is no doubt that a
manufacturing firm. one member OF
which happens 10 be member Of con
No. ri.h
sell goods 10 jobbers who are filing
government contracts. and that thcy
do not come within the prohibition OF
the statute so long as the contract be.
tween the firm and the jobber is a
separate and distinct transaction from
the contract between the jobber and
the government There appears 10 be
no evidence that in the manufacturs
of gloves by the Messrs. Littauer Bros.
TO be used in filing government con-
tracts made by Lyon and others, there
was any violation Of the statute except
in one case, the contract of Dec Z,
1898. II 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. ex-
cept in so far as il 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 I
think the indications of an interest by
the manufacturing firm in the iobber's
contract with the government are SUI.
fcient to require me to proceed upon
the theory that there is a prima faci.
case OF violation OF the statutes"