The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-08-07

Washington, August 3.-Secretary
Root today made public all the papers
relating to the Investigation into the
government contract for gloves with
IE. R. Lyon. This contractor secured
the gloves from Littauer Brothers, the
senior member of the firm, l.. y. Lit
tauer, being a member of congress-.
lSecretary 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 appro-
PIRATE measures may be taken in the
premises. There is a statute which pro-
IhibiLs contracts for government sup
piles being made directly or Indirectly
with a member of congress and his
was the basis of the investigation by
the war department. Colonel CARING
ton, of the inspector generals depart
ment was directed by Secretary Root
to make an investigation of the whole
matter, which he did, taking testimony
anu ScOiIliIllllS q 1Spoil a. I u 1dCN
in the case. This report and the testi-
mony was referred to Judge Advocate
General Davis who made an extensive
lreView and submitted an opinion to
Secretary Root. In the course of his
report and opinion General Davis says:
1T appears from the testimony that
lon October Is, 1898, Il contract was
awarded to Lyon for 5000 pairs Of
muskrat gloves at S1.54 per pair; or
iDecember !, 1898, a second contract for
20, 900 pairs was awarded to Lyon at
IS1.7O per pair, a stipulation being in
Iserted to the effect that deliveries I'M
lder it could be increased so per cent,
lat the discretion of the officer making
the contract. The government took ad-
Vantage of the stipulation and 30,061
IpairS were eventually called for and de-
IliVered under the contract of December
l., 1899. Some discussion having arisen
as to the price which Lyon was to a
for gauntlets delivered under the con
tract Of December {, an agreement was
Ientered into between Littauer Brothers
land Lyon to the effect hat an accurate
account of the cost of the manufacture
was tC be kept, and, if, after the con-
tract was completed, it should prove
that the cost of manufacture did not
equal $1.65 per pair Lyon was to re,
Iceive one half Of the profits. There
was a profit of s3,537.O5 one half Of
(which was credited to Lyon on the
books Of Littauer Brothers.
"a case falling within the provisions
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
I%Section 3,739, Of the revised statutes,
land it is, therefore, recommended that
la demand be made by the quarternas-
tier general upon the firm of Littauer
brothers for the repayment of contract
Iof December Z, 1898, with z. r. Lyon,
las extended, in accordance with its
terms, by the quartermaSter's depart
lment.
General Davis says the fact hat q
member of congress was active mana
lger of a firm selling to government con-
TRACTORS should have put the office
enlarged with the making of such con
tracts on his guard against attempted
violation of the statute. 1t was, he
lsays, the first duty Of an officer charg-
led with making a purchase in behal1
IOf the United States to see that the ar
lticles are of standard quality and tina
the prices paid were reasonable. Thu
Testimony elected during the course o
the Investigation showing the price:
paid. the profits realized, and the mum
Ierous reflections of goods which fel
short Of the standards established BY
the department shows that this duty
was thoroughly and c~onscientiousl!
performed"
Secretary Root makes the following
endorsement on the opinion of the judge
advocate general, which sends the case
to the department Of justice: