Evening star., 1934-08-31
The Foulois Case.

partment has refused the demand OF
House Military Affairs Subcommit-
tee that Maj. Gen. Benjamin D. Fou-
lois be dismissed as chief of the Air
Corps. His reasons for declining to
follow the recommendations of the
House committee, set forth in letter to
the chairman, Representative William
w. Rogers Of New Hampshire, are Pc
culiarly interesting. incidentally they
hint at the high-handed manner In
which hearings and investigations are
conducted at times by congressional
committees, with the rights OF indi-
vidual American citizens disregarded.
And yet Mr.. Dern's letter is diplo-
matically couched.
The Secretary Of War points out,
among other things, that Gen. Foulois
has complained that he has repeatedly
asked for the complete record of the
committees investigation and has
been unable to see the record. In
other words, Gen. Foulois has not
been able to make complete answer to
the charges of the committee against
him. Furthermore, Gen. Foulois, ac-
cording to the Dern letter, has not
been accorded the right to answer
these charges in rebuttal. And, says
Mr.. Dern, when the committee did
have the head of the Air Corps be-
fore it he appeared in the capacity of
a witness and not as an accused. He
was denied the ordinary right OF q
person accused of law violation. the
right to have counsel.
The House Subcommittee on Mill
tary Affairs did not content itself with
merely making to the Secretary Of
War q report of its findings. 1t tried
If it can be called trial-Gen. Fou-
lois, found him guilty, and, acting as
judge and jury, sentenced him to be
dismissed and called upon Mr.. Dern
to carry out the sentence. This ap-
pears, at best, to- be q high-handed
proceeding on the part of q subcom-
mittee of q House committee. Legis-
lative committees have not been &C
corded executive and judicial powers
under the Constitution. although they
may have sought to assume such
rights. The Constitution accords to
the legislative branch the right to
try impeachment cases. But the judges
and the jury In impeachment cases
are the members Of the United States
Senate, not mere committee or sub
committee of either house.
The hearings before the House Mil
itary Affairs Subcommittee were held
in part in executive session." behind
closed doors. How much these execu-
tive sessions had to do with the trial"
of Gen. Foulois has not been disclosed.
But q trial conducted behind closed
doors, with the prosecutors acting as
both judge and jury, is certainly re-
pugnant to all ideas Of American JUS
tice.
Secretary Dern has suggested in his
letter that IL the committee had
merely sent him its findings Of fact
he would then have been in q position
to have Gen. Foulois' case looked into
by military tribunal. But since the
committee has undertaken to SEN
tence Gen. Foulois, such @ step by the
Secretary of War might, he says, be
construed as q reflection upon the
House committee. And of course the
Secretary of War~would hesitate in
any way TO reflect upon the commit
tee.
The committee called for Gen. Fou-
lois dismissal on the ground that he
had allegedly violated the law in ap-
proving airplane purchases by nego-
tiated contracts, instead of by COM
petitive bidding. 1t was developed,
however, that Gen. Foulois had good
and ample ground for his course of
action, and that law and regulation
appeared to uphold him.
The House committee is to meet
again. In view Of the letter of Sec
retary Dern, it seems almost inevi-
table that the war between the COM
mittee and the War Department will
be renewed.