The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-04

Washington, Aug. 4-Sscretary Root
yesterday made public AL the papers re-
lating 10 the investigation into the gov
ernment contract for gloves with r. X.
Lyon. This contractor secured the gloves
from Littauer Brothers. the senior mem
ber OF the firm, l.. n. IAttauer. being
member Of congress.
Secretary Root has referred the case
20 the department OF justice In ord that
II may be ascertained II the law has been
violated, and II so that appropriate meas
ures may be taken I'm the premises. There
Is a statute which prohibits contracts Tor
government supplies being made directly
or Indirectly with a member of congress,
and this was the basis OF the investiga-
ton by the war department
Col Darlington OF the inspector gen
erals department was directed by Sec
retary 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
testimony referred TO Judge Advocate
General Davis. who made an extensive
review and submitted an opinion to Secre-
tary Root.
GEN. DAVIS REPORT.
In the course OF his report and opinion
Gen. Davis says:
1T appears from the testimony that
on Oct. 10. 1898, a contract was awarded
10 Lyon for 1900 pairs OF muskrat gloves
at sl.45 per pair; on Dec Z, 1898. second
contract for 10000 pairs was awarded 10
Lyon at h.70 per pair. a stipulation being
inserted 10 the effect that deliveries un-
der IL could be increased 80 per cent. at
the discretion of the officer making the
contract
sThe government took advantage OF the
stipulation and 3,061 pairs were actually
called for and delivered under the con-
tract of Dec. Z. lssS. Some discussion
having arisen as to the price which Lyon
was 10 pay for gauntlets delivered under
the contract OF Dec. Z, an agreement was
entered into between Littauer Brothers
and Lyon 10 the effect that an accurate
account OF the cost of manufacture was
20 be kept, and IL. after the contract was
completed. II should prove that the cost
Of manufacture did not equal A.b5 per
pair Lyon was 10 receive one-half OF the
profits. There was profit or S,9SGO 10
one-half OF which was credited 20 Lyon
on the books OF Littauer Brothers.
SHOULD REFUND.
"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 I'm sec
ton S7S9 Of the Revised Statutes and IL is
therefore recommended that demand be
made by the quarermaster general upon
the firm OF Mttauer Brothers for the pay
ment OF whatever sum Is found 20 have
been paid IN consideration OF the con-
tract OF Dec. Z, ls9S. with r. II. Lyon as
extended. IN accordance with its terms by
Nne QudrleTmdStef = department
1T will be observed that section 373q OF
the Revised Statues requires that de-
mands shall be made for the repayment
OF any sums OF money which may have
been advanced on the part OF the United
States In consideration OF any such con-
tract or agreement. II is recommended
that the opinion OF the attorney general
be obtained as 10 whether. IN view OF the
fact that the contract has been complete
iy executed, that the entire consideration
has passed and that the articles stipulated
for have been delivered 10 and have be-
come the property of the United States
the whole or a portion shall be made the
subject of the demand.
WAS CLOSELY WATCHED
'-The fact that member Of congress
was an active manager Of firm which
made large sales OF gloves and gauntets
90 contractors with the duartermastor' =
department should have caused the officer
charged with the making of such con-
trrcte 20 scrutinize their execution with
eegree OF diligence measured by the like
hhood OF an attempted violation OF the
uarnte: and should also have caused him
y be on his guard for evidence Of nnan-