The sun., 1903-10-28
uTTAUER SEEKS YINDICATION.
HAS TALK WITH THE PRESIDENT
ON GLOVE CONTRACT CASE.
Asks the President Tor u Decision Of the
Case ON Its Merits and says lie Doesn't
Wish 10 Take Advantage Of the statute
Ot Limilations--Presidc P0Nerless.

WASHINGTON, oct. ii Representative
Llttauer OF New ork asked the President
to-day for decision, on its merits, OF the
glove contract case, i'll which Mr.. littauer
became seriously involved through his con-
nection with the firm OF Littauer Bros
The Congressman had long talk with Mr.
Roosevelt, disclaiming any intention OF
wrong-doing III connection with the war
Depart ment glove contracts, and declaring
that he oourted not enly the fullest investi-
cation Of the facts, but a fun exposure OF
the results Of such Investigation. He said
that he didn't wish to take advantage Of
the statute Of limitations.
President Roosevelt Concurs in the
disposition Of the case as made by
the War Department and by the Attorney
General. whose legal opinion was sought
by the War Department authorities. De-
srous as he is Of doing full justice to his
friend, he does not see just what can be
done for Mr.. Littauer under the circum-
stances.
The alleged offence committed by Rep
resentative ILttauer is, from a legal stand
point. to be regarded as if it had never
happened, for the statute OF limitations
absolutely prevents a trial OF the case in
the courts. Attorney General Knox, in his
opinion last week. concluded by saying:
There is no occasion for me. to determine
whether the transaction called IN question.
there is any evidence Of violation Of law,
presents sufficient ground for criminal
prosecution under Section $3.50 OF the Revised
ton within which such d prosecution could
b. brought elapsed more than year ago.
No useful purpose. therefore. would o. 5e
frmative opinion could not be followed by
vindication of the law negative one Inght
be regarded as an atfirmance OF the validity
Government in cases where, after all, the
form OF the transaction 10 not to be SO much
considered as Its substance.
1t is a we'll established principle that In
cases where the statute OF limitations inter.
venes that statute cannot be waived and
a trial ensue even when the accused person
or persons desire to have it waived and to
stand trial. The legal officers OF the Coy.
egnment feel, therefore. that it would
have been improper for Attorney -Geperal
Knox to express an opinion as TO the
liability OF Representative Itta1er TO
called upon for a legal opinion on certain
phases Of the notorious glove contract;
but it is held that he could not have gone
further in the case without improperly
assuming the functions OF court and viz
tually placing Mr.. Littauer on trial
IL Is 1ntunated In some quarters tEat tne
law officers OF the Government are not
entirely confident of the innocence OF MIR.
Littauer. Secretary Root made out a prina
facie case against him, but the statute Of
limitations INTERVIEWED as bar to prosecu-
ton. Then it was decided to render no
official opinion as to the criminal liability
of the accused Congressman.
What action the President will take as a
result of his interview with Mr.. Littauer
to-day is not known. He is inclined to the
opinion that the Government has exhausted
its resources in the case and that il the
Congressman wants vindication he will
have to seek it from another source.