Evening star., 1934-08-31
.FOULO|S' REMOVAL.
REFUSED BY DERN|
Secretary of War Holds
General Was Denied Con.
stituti0naI Rights.
BY the Associated Press.

Corps is expected to result from Sec
retary Dern's refusal to discharge
Maj. Gen. Benjamin D. Foulois forth
with. from his post as chief of the
corps.
A demand by House Military
Affairs Subcommittee that Foulois be
dismissed summarily was turned down
yesterday by the War Secretary on
the ground that the general had not
been granted sacred rights of Ameri-
can citizenship" guaranteed by the
Constitution
In a automatically worded letter,
the Secretary of War criticized the
committees method Of procedure and
ended by tossing the whole matter
back into its lap. lie asserted Foulois
had been denied his constitutional
rights in that he had not been per-
mitted to submit rebuttal evidence,
was not represented by counsel and
had been unable to secure the COM
mittees records.
The committees report, said Dern,
was mot limited to an indictment,
but in effect finds the accused guilty,
fixes the sentence and calls on the
Secretary of War to execute it,
VIII Open Old Wounds.
Dern's letter, addressed to Repre-
sentative Rogers, Democrat of New
Hampshire, chairman of the subcom-
mittee undoubtedly will open up old
wounds caused by past undercover
warfare between the House military
affairs group and the War Depart
inent.
At one time last session this battle
broke into the open, bringing harsh
words from both sides. This took
place even before the subcommittee
demanded Gen. Foulois' resignation.
1t was after lengthy hearings on
War Department purchases and al
legged lobbying activities that the
subcommittee called for removal of
the Air Corps chief on the ground
that he allegedly had violated the
law in approving airplane purchases
by negotiated contracts instead Of by
competitive bidding.
The same report sternly criticized
Foulois' ability and honesty and ques-
toned his efficiency In supervising the
Army's emergency transportation Of
the airmail. Committee members
stated that they were not out to get"
Foulois, but that they felt he was a
weak spot in the Air Corps.
Dern and Committee at Odds.
Throughout much of the last ses-
sion it was general knowledge that
Secretary Dern and the House Mill
tary Affairs Committee were not on
friendly terms. In fact, Chairman
McSwain, Democrat, of South Caro-
lima, once testified before the House
Rules Committee that he was per
soma non grata" with the Army gen.
eral staff.
The trouble came to a head over
what members interpreted as the re-
fusal of Dern to appear before the
Military Committee. After several
openly critical statements by the South
Carolinian and other committeeman,
Dern appeared before the group, but
left after only brief testimony.
Members of the subcommittee of
eight, all of whom voted unanimously
for the removal of Foulois, intimated
at the time their report was submitted
that unless Secretary Dern complied
with their request in this matter some
difficulty might be encountered in
gaining approval for expanded War
Department appropriations.
Dern Stands by Foulois.
Dern's letter to Rogers, however,
left no doubt that the Secretary of
War would stand by Foulois at least
until some further action is taken by
the committee.
This group, composed, besides
Rogers, Of Representatives Hill of Ala
bama, Montet of Louisiana, Harter of
Ohio, all Democrats, and James of
Michigan, Goss Of Connecticut, Plum
ley of Vermont, all Republicans, and
Kvale, Minnesota Farmer Laborite, is
scheduled to resume hearings next
month.
Dern ended his letter with these
words:
With further assurance of my deep
respect and of my desire to cooperate
In the solution of this case to the
fullest extent consistent with the die
tates of fairness and justice, I await
the committees further action"
Dern indicated his letter was writ
tCAA al G11lo I11Ilc lie IldQ 1USU
received preliminary statement of
reply from Foulois
Unable to Secure Records.
In this report Foulois declared he
had been unable to secure access to
the committees records and was not,
therefore, able to draw up a compre-
hensive reply to the committees
charges.
"A most difficult problem now con-
fronts me-" said Derns epistle, the
solution of which involves some of
the fundamental precepts Of our sys-
tenn of Jurisprudence embodying many
of the most sacred rights of American
citizenship.
"AS matter Of course, any recon-
mendation of a committee of Con-
gress would receive my most respect
ful attention. Our system of govern
ment requires it. Proper co-ordina-
ton demands it.
Had the report of the committee
been confined to an indictment or
charges against Maj Gen. Foulois the
situation would have presented no diff
nculty In such event ! could have
ANAAO"C0 I4lC ICsuldI pIOCcOuI6 PRE-
scribed for the determination of such
matters by referring the case to a
military tribunal for adjudication.
Instead, however, the report is not
limited to an indictment, but in ef-
feet finds the accused guilty, fixes the
sentence and called on the Secretary
OF War to execute it. Under such
circumstances should now refer the
matter to a military tribunal for the
determination of the precise matters
which your committee already has
adjudged. such step we'll might sug-
gest reflection on the committee.
Desires Complete Harmony.
Such a suggestion I desire most
scrupulously to avoid My respect for
the members Of the committee is only
exceeded by my desire to work in
complete harmony with them.
Accordingly, had the report anc
recommendation of the committee
been based on a full and complete
haa,iy1n uyhar ho trtiN