The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-04
KNOX TO INVESTIGATE
GLOVE CONTRACT CASE REFERRED
TO TIE ATTORNEY GENERAL.
Statement by the Secretary of War
Congressman Littauer's Firm In
vOIyed in the Matter.

WASHINGTON, Aug. s.-Secretary Root
to-day made public all the papers relating
to the investigation into the government
contract for gloves with z. r. Lyon. This
contractor secured the gloves from Littauer
Bros, the senior member of the firm, Mr..
L. n. Littauer, being a member of Con-
gress. 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 IL so that appropriate measures
may be taken in the premises. There is
statute which prohibits contracts for the
government being made directly or indi-
rectiy with a member of Congress, and TINS
was the basis of the investigation. Colonel
Darlington, of the inspector generals de-
partment, was directed by Secretary Root to
make an investigation of the whole matter,
which he did, taking the testimony and SUD-
hitting a report as to the facts in the case.
This report and the testimony was referred
to Judge Advocate General Davis, VINO MADE
extensive review and submitted an
opinion to Secretary Root.
General Davis recommends that the testl-
mony of two witnesses who could not be
found by Inspector Darlington is rather i'm
portant and that the investiga ton be con-
tinued with a view of getting their testl-
mony, when, he says, it can be referred TO
the Department of Justice with the other
papers in the case.
Secretary Root makes the following in
dorsement on the opinion of the judge ad-
vocate general, which sends the case to
the Department of Justice: Il suppose
there is no doubt that a manufacturing
Rrvo ,hor Of xahio no IN
a member of Congress, has right to man
ufacture 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 between the
firm and the jobber Is a separate and dis
tinct transaction from the contract between
the jobber and the government. There ap-
pears to be no evidence that IN the manu-
facture of gloves by the Messrs. Littauer
Brothers TO be used in filling government
contracts by Lyon and others there was
any violation of the statute, except in one
case, the contract of Dec. Z, $685. 1t is not
the duty nor the right of the secretary OF
war TO adjudicate that case or TO determine
whether the statute was or was not yio-
lated. except in so far as 1t may be neces-
sary for him to decide what action, If any,
should be taken by the War Department
in view of the facts disclosed. 1 think the
indica tons of interest by the manufactur-
ing firm in the jobberS contract with the
government are sufficient to require me to
proceed upon the theory that there is a
prima facie case of violation of the law.
1t, therefore, devolves upon the War De-
partment to:
'First-To put the Department of Justice
in possession of the facts, so that II that
department finds the law to have been
violated ii may take appropriate measures
for its enforcement. This will be done.
''Second-To direct the proper officer of
the department to demand repayment of
any sum of money which has been ad-
vanced 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 an advance for which
demand should be made.
''Third-To determine whether any officer
of the army who was concerned in the max
ing of the contract was culpable within
the true intent of the law. Upon this /
find no evidence of the facts known to the
officers of the quartermaster' department
indicated any other relation between the
firm of Littauer Brothers and the furnish
ing 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 advertisements on awards to the low
est responsible bidder; and each contained
a declaration by the contractor that no
member of Congress was interested; the
prices appear to have been reasonable; the
government appears TO have got full value
for its money; the inspection appears to
have been rigid, and the requirements of
the specifications appear to have been en-
forced. No influences and no motives ex-
cept desire to attain the best interests of
the government appear to have operated
| upon the officers of the army in the trans
actions