Evening star., 1925-09-14
Col. Mitchell's Trial
To Wait Appearance
Before Air Probers.

Though not settled, it seemed prob.
able today that the projected trial Of
Col. Mitchell of the Air Service by
court-martial on charges of violating
the articles of war in his recently pub.
lished statement severely criticiZing
his official superiors in the administra.
ton of the Air Service, will be de-
layed until after Col. Mitchell has had
opportunity to appear before the gen.
eral commission appointed by the
President to make a general investiga-
ton OF aviation affairs.
That commission is to meet at tn :
White House Thursday, and probably
will Initiate the important work before
IL without delay.
1t Is felt at the War Department
that 1t might be inconvenient. II not
embarrassing, to conduct the officer :
trial while the general investigation Is
in progress. There is no especial occa-
sion, it is felt, to expedite Col.
Mitchells trial, that being a question
of routine military administration out
side the scope of the proposed general
investigation of aviation questions.
Therefore it Is believed that actual
steps for the trial of Col. Mitchell will
be deferred until after his examina-
ton by the Presidents commission
has been concluded.
Kinds Report Received.
The report of Maj. Gen. Ernest
Kinds, commanding the Sth Corps
Area. and Col Mitchell's superior
ofncer, containing that officers official
Acknowledgement Of the authenticity
of the newspaper statement accredtt-
cd 10 him, was received at the War
Department today.
1t is in the hands of Maj. Gen.
John L. Hines, chief of staff. and In
the regular routine will be submitted
10 the Judge advocate general for
examination as to any military trans
eressions 1t may contain, and, IL so,
for the formulation of the charges on
which he shall be tried.
II Ia not settled yet whether the
court martial shall be convened by
order of the President or by order of
the Sth Corps commander, nor
whether the court shall sit In this
city or at headquarters of the sth
Corps Area, at San Antonio. The
probabilities, however, are that the
court will be ordered by the President
and that 1t will hold it's sessions In
this city.
The court must be composed OF
of1icers of higher rank than Col
Mitchell, and this city is the only
place where there are enough omcers
available for the service at this time.
Courts Duty Specified.
It is made clear at the department
that the main duty of the military
court will, be to determine whether
the newspaper statement made by Col
Mitchell violated the articles OF war
nd. If so, to fix the degree OF punish
f,ent. Very few witnesses will be re-
ouired for the purposes of the court
as the question of the truth or falsity
OF Col. MitcheIl's assertions relating
to alleged defects in the Air Service
will not be undertaken by that body
In connection with the announce
ment of the policy in regard to Col
Mitchell's testimony before the Presi
dents board. 1t is known that Acting
Secretary Davis of the War Depart
ment, who first proposed that such
an inquiry be held. would welcome a
thorough airing of the charges against
the department air administration.
Although Mr.. Davis believes that
the inquiry into the Mitchell charges
will form hut a small part of the
broad field to be covered, he never
theless is Of the opinion that In the
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