Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-08-04
The ARMY GLOVES.
Papers il Littauer Brothers
Contract Made Public.
Sec. Root Finds Violation Of Statutes
In the Dealings.
Judge Advocate Generals Report and
Sec. Roots Endorsement.

Washington, Aug. 3.-Secretary Root,
today, made public all the papers re-
lating to the investigation into the gov
eminent contract for gloves with e. Z.
Lyon. This contractor secured the
glover from Littauer Brothers, the SEN
ior member of the firm, L. N. Littauer
| being a member of Congress. Score
tary Root has referred the case to the
| department of Justice in order that it
may be ascertained if the law has been
violated and if SO that appropriate
measures may be taken in the premi-
SeS.
There is "a statute which prohibits
contracts for government supplies be-
ing made directly or indirectly with
member of Congress and this was the
basis Of the investigation by the war
department s
Col. Darlington of the inspector gen.
erals department was directed by
Secretary Root to make an investiga-
| ton of the whole matter, which he did,
| taking testimony and submitting re-
port as to the facts in the case. This
report and the testimony was referred
| to Judge Advocate General Davis, who
made an extensive review and sub
mitted an opinion to Secretary Root.
| In the course Of his report and Opin-
| ion Gen. Davis says:
ut appears from the testimony that
on Oct. Is, 1898, a contract was award
ed to Lyon for 5000 pairs of muskrat
gloves at $1.45 per pair; on Dec. I, 1898.
a second contract for 10000 pairs was
awarded to lyon at $1.70 per pair,
stipulation being inserted to the effect
| that deliveries under it could be in
| creased so per cent. at the discretion
OF the officer making the contract.
1.-THE government took advantage of
the stipulation and 30,061 pairs were
actually called for and delivered under
| the contract of Dec. Z, 1898. Some. dis
cussion having arisen as to the price
which Lyon was to pay for gauntlets
delivered under the contract of Dec
| Z, an agreement was entered into be-
| tween Littauer Bros. 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 $1.65
per pair. Lyon was to receive one-half
of the profits. There was profit of
$3E37.05, one-half of which was cred
| tied to Lyon on the books of Littauer
| Bros.
| "A case falling within the prohibition
| of the statute is clearly shown in the
testimony, which in the opinion of this
office charges the department with the
| performance of the duty set forth in
| Section 3739 of the Revised Statutes;
and it is therefore recommended that a
demand by the quartermaster general
upon the firm of I4ittauer Bros. for the
repayment of whatever sum is found to
have been paid in consideration OF he
| contract of Dec. :. 1898, with E. r.
Lyon, as extended, in accordance with
It's terms by the quartermaster's de-
partment."
! Secretary Root in his endorsement on
the opinion of the judge advocate gen.
eral, which sends the case to the
department of justice, says:
| There appears to be no evidence that
in the manufacture of gloves by the
Messrs. Littauer Bros. to be used in
| filling government contracts made by
Lyon and others, there was any viola
| ton of the statute, except 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 at
! the action, if any. should be taken by
| the war department in view of the
| facts disclosed. I think the indca-
| lions Of an 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 statute. Three duties are there
upon involved upon the war depart
| ment:
| First, to put the department of JUS
| tice in possession of the facts, in order
that if that department finds the law
| to have been violated. it may take ap-
| propriate measures for its enforcement.
Second, to direct the proper officer of
| the department to demand repayment
of any sum of money which has been
advanced on the part of the United
states in consideration of such con-
tract.
Third. to determine whether any Of
fcer of the army who was concerned
| in the making of the contract was Gull
pa BILE within the true intent of the
law. Upon this find no evidence that
the facts known to the officers Of the
quartermasters department indicated
any other relation between the firm of
Littauer Bros. and the furnishing of
gloves to the government than the
| la wful relation described at the begin
ming of this memorandum.