The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-08-04
GLOVE CONTRACT
WITH LITTAU[R
IS AIRED FULLY
Adjutant General Recommends
That the Member of Congress
Be Called Upon for Restitu-
ton in Connection With His
Firms Contract With Lyon.

WASHINGTON, D. C., aug. Sec
rotary Root today made public all the
papers relating to the investigation
into the government contract for gloves
with e. r. Lyon. This contractor Sc
cured the gloves from Littauer Bros,
the senior member of the firm, L. n.
L1ttauer, being a member of congress.
Secretary Root has referred the case
to the department of justice to ascer-
tain if the law has been violated There
is statute which prohibits contracts
for the government being made direct
ly or indirectly with a member of con-
gress, and this was the basis of the
investigation by the war department.
Col. Darlington, of the inspector gen
erals department, was directed by Sec
rotary Root to make an investigation,
which he did, taking testimony and
submitting a report. This was referred
to Judge Advocate General Davis, who
made an extensive review and submit
ted an opinion to Secretary Root. Gen.
Davis says:
''It appears that on Oct. IS, 1898,
contract was awarded to Lyon for 5000
pairs of musket gloves at $1.54 per
pair. On Dec. T. 1898, second con-
tract for 10000 pairs was awarded to
Lyon at $1.70 per pair, a stipulation
being inserted that deliveries under it
could be increased so per cent, at the
discretion of the officer making the
contract. The government took adj
vantage of the stipula ton, and S0,041
pairs were actually called for and de-
livered under the contract of Dec. 7,
1898.
Half the Profits to Lyon.
can agreement was entered into be-
tween Littauer Bros. and Lyon that an
accurate account of the costs of manu-
facture was to be kept, and if 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
which was credited 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 duties set forth in
section 1899 of the Revised Statutes;
and it is therefore recommended that
a demand be made by the quartermas-
ter-general upon the firm of Littauer
Bros. for the repayment of whatever
sum is found to have been paid in con-
Sideration of the contract of Dec. Z,
1898, with E.. r. Lyon, as extended by
the quartermaster generals depart
ment. 800 500 et.s,tiaf
The fact that a member of congress
was an active manager of firm which
made large sale Of gloves and gaunt-
lets to contractors with the quarter
masters department, should have
caused the officer charged with max
ing such contracts to scrutinize their
execution. with diligence and should
also have caused him to be put on his
guard for evidence of financial weak
ness on the part of the principal in the
performance of the agreement.
Hard for Contracting Officer.
''The fact that it was perfectly law
full for the bidder to make purchases of
any firms engaged in the making of
gloves, whatever their composition,
made it difficult for the contracting
officer to ascertain whether corrupt
intent existed, so long as the terms of
the contract were carried out in APP
parent good faith; and it made it SIM
ilarly difficult to obtain information of
a positive character in respect to the
execution of particular contract that
would justify formal inquiry.
1T was the first duty of an officer
charged with making purchases in be-
half of the United States to see that
the articles procured were of standard
quality and that the prices paid We're
reasonable The testimony showing the
prices paid, the profits realized and the
numerous reflections of goods which
fell short of the standards established
by the department shows that this duty
was thoroughly and conscientiously
performed"
Gen. Davis recommends that the tes-
timony of the two witnesses who could
not be found is important and that the
nj =, n xyinx
of getting their testimony. When TAX
en- he saws it can be referred to the de-
partment of justice with others papers
in the case.
Endorsed by the Secretary.
Secretary Root makes an Endorsement
on the opinion of the judge advocate
general, which sends the case to the
department of justice. The secretary.
indorsing Gen. Davis recommends
lions, says:
81 suppose there is no doubt that
manufacturing firm, one member of
which happens to be a member of con-
greSs, has a right to manufacture and
sell goods to jobbers who are filling
government contracts, and that they do
not come within the prohibition or the
statute so long as the contract between
the firm and the jobber is separate
tract between the jebber and the gov
eminent. There appears to be no evil
dence that in the manufacture of
gloves by the Messrs. Littauer Bros,
to be used in filling government con-
tracts made by Lyon and others, there
was any violation of the statute ex-
cept in one case, the contract of Dec.
7, 1898.
TT 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 what action, if any, should be
taken by the war department in view
of the facts disclosed. think the indi-
cations of an interest by the manu-
featuring firm in the jobbers contract
with the government are sufficient to
require me to proceed upon the theory
that there is prima facie case OF yle-
lation of the statute.
NO influences and no motives ex-
cept a desire to attain the best inter-
ests of the government appear to have |
operated upon the officers of the army
in the transactions.