The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-08-04

Washington, Aug. 3-Secretary Root
to-day made public all the papers re-
lating to the investigation of the gov
eminent contract for gloves with E. r.
Lyon. This contractor secured the
gloves from Littauer Bros, the senior
member of the firm, L. NJ. Littauer, be-
ing member of Congress.
Secretary 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 the
appropriate measures may be taken In
the premises. There is a statute which
prohibits contracts for government
supplies being made directly or indi-
rectly with a member of Congress, and
this was the basis of the investigation
by the War Department. Col. Gar
lington, of the inspector generals de-
partment, was directed by Secretary
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 was referred TO
Judge Advocate General Davis, who
made an extensive review and submit
ted an opinion to Secretary Root. In
the course of his report Gen. Davis
says:
1T appears from the testimony that
on Oct. Is, 1895, a contract was award
ed to Lyon for 5000 pairs of muskrat
gloves at $1.54 per pair; on Dec. l.
1898, a second contract for 10000 pairs
was awarded to Lyon, at $1.70 per pair,
a stipulation being inserted to the et-
feet that deliveries under 1t could be
increased so per cent, at the discretion
of the officer making the contract. The
government took advantage of the stip-
ulation and 30061 pairs were actually
called for and delivered under the con-
tract of Dec. Z. 1898.
Some discussion having arisen as to
the price which Lyon was to pay for
Rauntlets delivered under the contract
of Dec. I, an agreement was entered
into between Littauer Bros. and Lyon
to the effect that an accurate account
of the cost of manufacture was to be
kept and if, after the contract was
completed, it should prove that the cost
of manufacture did not equal $1.60 per
pair, Lyon was to receive one-half If
the pIOllNS. mere was d pIOHl VI 9O,-
53705, one-half of which was credited
to Lyon on the books of Littauer
Bros.
"a case falling within the prohibit
ton 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 Section 3,739 of the Revised
Statutes; and it. is, therefore, recon-
mended that demand be made by the
quartermaster general upon the firm Of
Bittauer Bros. for the payment of
whatever sum is found to have been
paid in consideration of the contract
of Dec. Z, 1898, with E. R. Lyon, as
extended, in accordance with it's terms
by the quartermaster's department"
Gen. Davis says the fact that a men,
Der of Congress was active manager of
a firm selling to government contrac-
tors should have put the officer in
charge of the making of such contracts
on his guard against attempted viola
zion of the statute. 1T was,'' he says,
1.-The first duty of an officer charged
with making purchases in behalf of
the United States to see that the ar
ticles procured were of standard quail
ity, and that the prices paid We're rea-
sonable. The testimony elected during