New Britain herald., 1926-01-27
Asks That It Be Effective Feb ruary l,-May Continue on
 Lecture Platform
QUESTION OF ACCEPTING
 RETIREMENT NOW BOBS UP
Because Colonel Did Not Specify He Was Rcsigning "For the Good of tho Service" President May Re turn Letter--Iricnds Think Con- yiCted officer Would Then Fight Issue In Courts.

Issue In Courts.
 Washington. Jan, 2T P}-Coonel William Mitchell resigned today from the army.
 The convicted air officer, under sentence of five years suspension from the army because of his criti- cism of government aviation policies, puts his resignation in this single sentence:
 "I hereby tender my resignation as an officer of the United States army to take effect February l, 1926"
 Tho letter was dated today and addressed to the adjutunt general of the army through the commanding general of the district of Washing ton.
 Acceptance Questioned
 Whether the resignation will be accepted had not been fully devel- oped. Some army precedents indi- cate that in the case of such with drawaIs from the army they should state directly that the resignation is submitted flor the good of the serV- ice"
 The final decision will rest with President Coolidge. who two days ago approved with notifications the sentence of the court martial. He sustained the court in sentencing the colonel to five years suspension, but reduced somewhat the courts find ing that he should be without pay or allowances during the period.
 May Continue Lccturing
 It is the belief of Colonel Mitch ell's friends that if he is permitted to step out of the army he will &C., cept an offer to continue on the Iec~ ture platform his crusade for re- organization of the national de- fense to give a more prominent place to the development of air power.
 Should the president return the letter of resignation because of Col oucl NitChCllS failure 10 say he is leaving flor the good of the serv- ice" there is considerable doubt where the succeeding developments might lead
 Probably Would Fight
 It is the impression of the col oncis intimate friends that he would stubbornly resist any effort to put him in a position of saying that the armed services would be improved by his removal from them.
 His partisans also point out that the right of the president to refuse to accept the resignation of an army officer in peace time never has been tested in the courts.
 By preCedents of many years standing, however, this right has come 10 be generally recognized, and some war department officers be lieve it would survive the test of litigation particularly in the case of an officer who is under sentence for and conduct prejudi- cial to good order and discipline.
 At a Disadvantage These officers assert that Mitch iell's supporters would be at a great disadvantage in making such a test by virtue of the fact that the col onel long has hcen d storm center in the army. Some years ago he engaged in a serious contro\ ersy with his suporiors, and only last ispring he was refused rc-appoint- ment as assistant chief of the air service. with the ranis of brigadier general, because the officers over him regarded him ns lacking in the ability to cooperate in carrying out military policies.
 The case came to it's climax, how ever, when he issued his statement at San Antonio last fall, after the wreck of the dirigible Shenandoah, assailing the war and navy depart. mcnts and accusing his superiors Of almost reasonable" conduct Of the aviation service.