Show nr GOVERNMENT CLOVE GLOVE CONTRACT Secy Root Makos Makes Public All Pap Relating to Them ThemA ThemlA A CONGRESSMAN lA INVOLVE i lf ri Co litre n SN III ton Ion Coniri Irn iri Ibis lIu e I Ir r Washington tug Aug A l hoot hool tooL t to I Iday day mud mad public all nil the papers i to tu o tho the Invest gallon Into the te ment contracts for or gloves with K F Ft n t lon This contractor secured t tho groves gloves from Brothers t I Ii the i EnIor number member of ot the tho firm L J M 11 LI L i beIng a 11 member of ot a i Secy Seey has the tho case to tl I department at ot justice In order that It ItIna may uLay Ina bo o If It tho law la him hilK boi bl bei n i and awl If It FO j that appropriate measures m maY flay y be taken In the premise prInI 18 i There 1 horo Is Ia n It statute which prohibits co vu con fur for the tho government n being mai ma mado directly or Indirectly with a 11 member ot Congress and an this was waH as the tho bash bag ut the investigation by L the tile war Will depar merit Col Cul of ut tho Inspect general department was wall wa directed 1 by I Secy Hoot to make flake an Investigation ot the tho whole matter he lie lid did dl tul tu Ing testimony and submitting u II us to facts In tho thu case This report po and thu th testimony were referred to Judge Advocate Gen en Davis who ma maan e eUIl an UIl extensive review arid avd an submitted i n IU opinion to tu S Secy cy Root Hoot In Iii the course at Ills his report and opinion Oen Davis say H It t appears from the tho testimony tin lb tinon that on Wi Oct Otto If IS 1595 a 4 contract was away award ed cd to Lyon I for tor paIrs IJ lra of ot muskrat i gloves g loy lit 15 per pair on Dec 7 1898 a contract for fOl pal pali was awarded to Lyon at lit per pet pal palLI t u LI stipulation being belli Inserted to 10 the c e feet teet that deliveries under It IL could I he heI 1 I I Increased 5 BO 50 per cent II St t the of or the offIcer making the contract Tl TI fht i government took advantage ot of tho and nn pairs were well actual I tailed culled tel for anti and delivered under tinder the th cor cun cunI I tract of or Dec Doc 7 1898 Pome one having arisen ai I a to 10 the price NIce wide which Mon Lyon wu was to o pay fur tur ur gauntlets g c deli delli ered red und r the tho contract of Dec 7 a LI an j agreement wan waH entered Into Inlo between betre Littauer Brothers and Lyon Jyon to the lIu n e t fueL foot that an 1111 accurate account or of tl ti OIt Ot of ot manufacture was to be kep kept rid It alter after the tho contract con was wae coir Dieted it should that the tha cat cot ca i of ot t manufacture did nut equal pt P 1 pair LJ n was to 10 receive one halt c or orI I the thu t e profits There was Wu a LI I profit c or 1 of ot which was to Lyon Lol on the books of ur l A Cast CISO fulling within th II prohibition of or tho the statute Is clear shown In the testimony which In tr tho t opinion or of this charges chargee the dt d e with the performance of ut U tho duty set lIet forth In section 1739 of tile the it l statutes and It Il 1 III therefore ret reo re l that a n demand be bo made b t by bythe the thu Qu upon U firm firm of or Brothers for tor the thu repa of whatever sum is II found to hav havo ia been i In consideration of or the tho con cor tract of 01 Dec 7 i 1593 with K I fl n Lycas Lyo ryon as ns In It II terms ly lIy 1 the quartermasters depar It will be b observed that section 37 of Ut the statutes requires thu demands shall ahall be 0 made for the tue repay mint of OS any ny sums of or muney which inn mn mahave have een advanced on the part of or th tb the United States in lit consideration of ot an nil such Huch contract or 01 agreement and In th case of ot a refusal or ur delay to repa the same the statute goes on to 10 te re quire that a suit Hult IiII bo bi Institute for tor the recovery of ot any such uch sum c ot money so au advanced thus making a an Import mi t distinction between thus thos e Portions of or the consideration cOl which ar are advanced and those thoo which retain hid thel executory character regard to the tho highly vena ena venal character of at thin tho statute above cited requires It to 10 receive a strict stile construction lit at the hands of or the tho de It Is 1 recommended that tin Iii opinion of ot the attorney general be ob oh ns as to whether In lii view of or tin tho tact fact the contract has hus been com corn completely executed the entire con has hils se passed and thi tho articles stipulated for tor have been dell cred ered to he and have hae become the property of or r the United State the tho whole whale or t II portion of or the tho consideration shall b bi be made loads o Q part art of ot the demand Tho Tim fuel that a number of or Congress 18 IL I member of ot a linn which ninth made large lurg tales luIe of ot gloven and gauntlets ti 10 contractors to II the tho quartermasters de dc should have caused the charged TV With the making milkinG of or such curl commits to their execution with A I degree of or diligence pleasured b the likelihood of ot an nn attempted att of or the thc statute and should also hare hav caused him bun to II be Oil on his guard for tor evl 01 of ut on the pan pari of ut the thu principal In the performance 01 ci ot the th The fact tact that It wa was perfectly lawful for tar the bidder to maki purchases of at any an firms engaged In the tho making of gloves whatever their com coin composition position made mails It difficult for tor the cop con contracting officer to ascertain whether n u corrupt Intent existed so o long asi ac the tile terms of at the contract were carried out opt In apparent I faith aUh and und It U m le II It similarly to obtain Information informs Jon of at a Q i character In respect to tc the lie execution of a particular contract that ouid Justify a 1 formal Inquiry It ft was tile tie first duty of ot an fin officer charged with making purchases ha e In behalf of the United States to 10 SOC nee that the article were of ot standard quality and that the HIP I l eS elicited 1 luring during the tho course courso of at iiI tit Investigation showed the prices priccie tacit raid and the profits realized Jl and the numerous of or goods which fell of lit the ho standards established by the department shows that this thic duty iva vaa thoroughly and conscientiously performed U n Davis recommends that the tho tIO of 01 two IwO witness who could not Clot to hi bt found by b Inspector InI clor Is Ic rather Important and thigh the InOs Investigation be he continued with a II view Iw of or getting gettin their testimony When taken he lie says It can an be h 1 referred to 10 the de IC department d of justice with the till other ta ra tapers pers perc In tn the cane Se 51 Sec Hoot snakes the founding Indorsement on the Ih opinion of ot the judge ju advocate gennil which vend anch the tIIe 1 to tho lie of justice julIee I r f there Is h no doubt that a them one of to 0 bo f a member of ot Ien en gres tiMe hb u It light tight to manufacture ami fell cell il goods to Johl who are arc contrails and that they do not net rom come olOe within the prohibition of f the FO till lone Jung as AI the be tio n the th linn finn and nl the Hie Jobber H W a sea sen ell from the bet pen the anti nd ie t e to be jio iio ehl iFf t i that lust In bi lilt lie li of ot fuet Ilu 1 uy by the Ih Me f 4 Vi f fr rs to 10 W be lI M In fri filling nt lit contracts made by h Lyon arid ad other there was wall any violation r f the tIie e statute excepting In tint one Ii out th l thle lI of ot Pee net 7 i It I nol th tue duty luty or the of ot the of at war Lar ar to 10 ud ad that case rase of 01 to determine 1111 till 11 h lher the was or t iva Is not 1101 violated pt In i as na It II nUy n Il fur for him IK iII t decide tiC fic Uon If J any should b be taken by JY the war department nl In Ie of or the tit I T think the lit Indications of If an Mn Interest by hy the lie firm firmIn In iii the jobbers contract with tile the gov gay government government art ar to me inc meto to 10 proceed upon the tho theory that there ther thereIn therIn In 10 a fade facie ease of ot o of or the statute Three duties me are II reo upon devolved upon the war depart First lo to put the department ot or Jus JUl tiie e In 1108 ot of the lIe facts In III or on order der iler that I It If that department de nurl tho ho law to 10 have been violated It may Ie measures for Cor HJ iti bent ment This will wll be b done Second to direct tio proper of ot the deportment department to lU demand payment of ot LillY any sum SUlO of ot mousy money which has hns been een advanced on the Ihl part of or the United States lit iii consideration of ot such con eon contract tract speaking no money bus hns been advanced In consideration ron ld of ot the contract but Jut the goods d by bythe bythe the government vero paid for on de Ilp delivery livery As AI recommended by the the opinion of or th Iii lie he asked In tho Iho meaning of the statute such puch payment constitutes an nn advance for tor which a demand should be Je made mule Third to d determine vv whether nether any nn of nf of or the tho army w tO vas concerned In Inthe inthe the mailing mahinI of tha II contract wai cul vol culpable ul pubic pable within tile the true Intent of or the Iho law Ia Upon this I 1 And no evidence Unit that the Iho facts known to o the Hikers of 01 the thc quartermasters Indicated any other i elation between bel the Iho thin Him of ot LIttauer Brothers brother and the tho furnishing of ot If gloves to 10 hi the Ihl than th n the awful relation at nt 1110 be bt beginning ginning of ot till this Thu were re all 1111 math made lIIa l In complianCe I with tie the requirement on OIL u to the lowest 10 es t bidder and each ench contained a n declaration by h dP the eon con contractor on tractor M 1111 tt member of was wall ted huh the prices appear I to have hae the govern lOern government ment appears to have Ila got lot full value for Its III money mOMY thi the 11 appears 10 to have been Jeen rigid and amid the requirement of the tiit specifications appear al fl r to 10 hove b l been eln en enforced ld No Influences and nd no motives except a desire to attain the Iho best belt Interests appear to 10 have operated upon the time officer of the lie army In the th transactions Signed HOOT BOOT Secretary of or War |