The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-01
LITTAUER not ENUMERATED.
HIS LAWYERS WILL APPEAR TO-
DAY TO DEFEND HIM.


He Took--Dutige Advocate Generals
Opinion, 10 BE Submitted To-day.
Said 10 Be lnfayorable TO Littauer.
WASHINGTON, July 3l.-An authorized
statement made at the War Department
to-day is that there in no warrant for the
statement that Representative Littauer
has been exonerated from all completely
with Edmund r. Lyon in regard to the
contracts made with Lyon by the Quarter
masters Department for the purchase
of gloves and galntlets for the army.
Secretary Root has completed prelimi-
nary examination OF the report made by
Col. L. A. Darlington, and late this after
noon il was referred to Judge Advocate
General Davis Of the army for a legal opn-
ion on the questions involved. Secretary
Root said this afternoon that Col CARING
ton had not drawn any conclusions Of his
own, and that his action in this respect
wss in complete accordance with his in
structions and with his duties as Inspect Or
General Of the army.
1t is pointed out that Col. Darlington WAS
merely instructed TO investigate and pre-
sent to the Secretary Of War the facts as
disclosed by his investigation This Col,
Darlington has done and nothing more.
1t is learned that there is no warrant
whatever for the assumption that Secre-
tary Root has made up his mind that
Representative Littauer was not at fault
in his connection with Lyon. Ga the con-
trary, it is declared very positively that
there is no intention to find a legal and
technical loophole by which Littauer may
escape the consequence of wrongdoing,
provided there is satisfactory proof that
the law has been violated
Representative Littauer has already en-
gagged counsel TO defend him before the
War Department, and to-day Secretary
Root received a communication from Ed
ward Lauterbach of New York and Judge
Milburn of Buffalo, asking that before he
finally passes upon Representative ittauer's
case he give them hearing in Mr.. Lit
taler's behalf. Secretary Root answered
that lie would receive them without delay,
and fixed tomorrow morning az II o'clock
as the hour when he would hear them.
1t is believed here that Littauer was
made acquainted several days ago with the
idCl Illut tlt ldhefIl ny Vol oHT-
lington was not as favorable to him as he
expected and that the report revealed some
disasreeable features Of his transactions
with Lyon that needed further explaining
to the Secretary Of War. Upon first learn
ing OF the nature Of Col. Garlington's report
on the facts he engaged Messrs. Lauter-
bach and Milburn TO represent him in any
subsequent proceedings
Secretary Root will receive tomorrow an
abstract Of the opinion of Judge Advocate
General Davis on the legal features Of the
case. The Secretary already knows that
this opinion will not be favorable to Rep
Preventative Lttauer. Persons in the War
Department who have been watching the
investigation closely pointed out to-day
that unless Gen. Davis had already formed
az opinion 10 the effect that the law had been
violated there would be no occasion for the
visit Of the attorneys representing Mr.
Littauer. This. however, * not the only
foundation for the belief held by War De-
partment officers that Col GarlinGton's
statement of the facts when considered
in connection with the documents and testi-
mony. will show that the law was violated