TLS as president, two pages, 8 x 10.5, White House letterhead, November 4, 1903. Letter to Judge Edgar R. Spencer, in full: "I have received your letter of the 31st ultimo regarding the Littauer matter. The views you express are based on a complete misapprehension of the Attorney General's opinion. The case submitted to him was, whether any part of the consideration paid by the Government on certain contracts for army supplies could be recovered under section 3739 of the Revised Statutes, which provides for the recovery of advances, assuming that it had been shown, prima facie, that a member of Congress was interested in the contracts; and the Attorney General did not decline 'to pass upon the case so referred to him, on the ground that if he should find that a case existed, the statute of limitations would intervene, and that the Department of Justice does not take cognizance of a case where such defense may be interposed.' On the contrary, he met the issue squarely, and advised the Secretary of War that no part of the consideration in question could be recovered. This was all the Secretary of War asked the Attorney to decide. And the statute of limitations did not enter into the decision at all for the simple reason that it had not run against a civil action. Therefore, your remark that 'every office boy knows that in a civil suit, the statute of limitations is a personal privilege, and must be raised by the defendant or is waived,' while doubtless true enough, is yet without point. The Attorney General considered the statute of limitations only in deciding for the guidance of his own Department, not the War Department, whether a prima facie criminal case existed. Now, even as a layman, I know that one of the first questions in determining whether or not a criminal case exists is, Was the alleged offense committed within the statutory period of limitations? If not, that ends it. Mr. Milburn, counsel of Mr. Littauer, told Mr. Knox in my presence and in that of Mr. Littauer that the decision he had rendered was of course the only one that any Attorney General could have rendered. In light of this statement I believe you will wish to revise your judgment." Accompanied by the original letter from Spencer, as well as a series of correspondence between Spencer and the aforementioned Lucius Littauer. In very good to fine condition, with light wrinkling, intersecting folds, and a staple hole to the top. A noted philanthropist, glove manufacturer, and New York congressman who served between 1897 and 1907, Littauer was also an old Harvard roommate of Roosevelt, who, as governor, publicly acknowledged Littauer as a friend and his closest political adviser. Littauer’s decision to retire from the House was partly due to his involvement in the ‘gauntlet scandal.’ During the Spanish-American War, Littauer Brothers had signed an agreement with a Mr. Lyon, a contractor for the War Department, to furnish 3000 muskrat fur gauntlets for American soldiers. In 1903, when Lyon declared bankruptcy, it was revealed that Congressman Littauer had produced the gloves for the government, which was quickly investigated by Secretary of War Elihu Root. Littauer asseverated that his dealings were totally legal, and although the Justice Department ultimately stated that no action could be taken against him due to the Statutes of Limitations, a vindicated Littauer left politics to resume his family business. Pre-certified PSA/DNA.
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