The Birmingham age-herald., 1919-01-17

tention of Colonel Deeds to make the formal transfer. and he had given in- structions to have this done; (4) the reason why it was not done was that through a legitimate change of plan, the occasion for the transfer was ob viated, and both parties to the contem- plated transfer were willing that the agreement for transfer should be can celled; (5) the whole proceedings was conducted in good faith and under the advice of counsel.
 WORKED FOR SPEED
 Regarding the charge that Colonel Deeds sent confidential war department information to former business asso- ciates the board said that from Col onel Deeds explanation it appears that while Colonel Deeds real endeavor was to aid the government in eXpediting it's programme of aircraft production, through some mistaken notion he deemed it proper to accomplish that object by a species of deceit which would result in concealment of the source of the information which the telegram conveyed.
 This was not only foolish, but provo- cative of the severe criticism which has been visited upon him and in a manner unjustly.
 Upon the evidence now before this office, however" said the board court martial proceedings against Colonel Deeds, based upon this transaction, are not advised. CD no fraug against the government, nor disclosures of confi- dentia1 information was intended; CD none was accomplished; (3) the purpose of the telegram was to expedite the earnest efforts which the government officials were making to speed up air plane production"
 As to the charge that Colonel Deeds made misleading statements about afr craft shipments, the board said:
 Tt is recommended that no court martial proceedings be instituted against Colonel Deeds based upon this publication because. CD it Is doubt full whether he ever saw the paragraph which has been adversely criticized; and CD the statements contained in it are in accord with what Colonel Deeds apparently believed and had reason able cause to believe to be the facts"
 NO FRAUDULENT ATTEMPT
 Regarding charges of irregularity in the approval by Colonel Deeds of two of four vouchers for the Packard NJ Motor Car company, the four vouchers aggre- gating $249,15910. it was recommended that court martial proceedings should not be instituted because: (D The ap- proval of the voucher in question did not involve any attempt to defraud the government; CD as found by Judge Hughes it did not defraud the govern ment; (3) the verbal agreement upon which the voucher was paid, as found by Judge Hughes, was fair from the standpoint of the government.
 In approving the boards findings. Acting Judge Advocate General Ansell said the justice of the conclusion reached found confirmation in this lan- guage from letter of John D. Ryan, director of the air service, to Secretary Baker last November IS:
 T feel that the patriotic service rem dered to the government and the sacrt- flee made in connection herewith by Colonel Deeds outweighed any technical violations that might have occurred. and considering the conditions under which this work had to be done. if the aircraft was to take any part in the war within a reasonable time I think commendation instead of court-mar- tial should be Colonefs Deeds re- ward"