Evening star., 1934-07-09
Army Air Corps Head Acts
for Defense Against
Removal Steps.
RULINGS ARE COLLECTED
IN SUPPORT OF SYSTEM
Contentious Will Be Based Upon
McCarl Letter of Feb. IL, 1929,
to Expenditures Group.

Mai Gen Benjamin D. Foulois and
the House Military Affairs Subcom-
mittee, which has demanded n! re-
moval as chief of the Army Air Corps.
are sparring by mail over the in
Sistence of Foulois that he be sup
piled with all testimony and records
Of the hearings on airplane procure
ment.
Gen. Foulois. in preparing for a
spirited defense against congressional
charges of Incompetence" and will
full violation of law" has directed a
barrage Of requests for data to the
committee as a whole and to its men,
bers as individuals, it was learned
today.
To date. however, he has failed TO
obtain access to the information re-
quested. due to the committees con-
tention that some of the testimony and
records are confidential, having been
given in executive session because they
involved national defense secrets. He
was asked to be more specific about
his request for data.
Foulois Writes 10 Rogers.
In an attempt to be more specific"
Gen. Foulois has sent another letter
to Chairman William N. Rogers. DEM
ocrat, of New Hampshire reiterating
and amplifying his request for a
transcript of testimony bearing on
the Air Corps. He is not concerned
with other procurement matters in
vestigated by the committee, such as
motor truck and automobile purchases.
Gen. Foulois, in addition to writing
several letters to Rogers as chairman
Of the committee, has sent letters to
several members of the investigating
group reminding them of what Gen.
Foulois terms a promise" made on the
floor of the House that Foulois could
have any information in possession of
the committee
The Air Corps chief is said to feel
that even though much of the testi-
mony was given behind closed doors.
there could be no menace to the ma
tionaf defense in letting him-the
Army's aviation head-peruSe it, It
Is understood he will make a deter
mined fight to gain access to all the
records of the executive sessions.
Gathers Many Rulings.
In the meantime Foulois is known
to be fortifying himself with numer-
Gus rulings by Government legal Off
GERS in support of the system Of nego-
tiated contracts condemned by the
House group in caustic report for
warded to Secretary of War Dern.
One of the principal legal opinions
on which he will base his defense of
the system is letter from Controller
General McCarl of February II, 1929,
to the chairman of the House Com
mittee on Expenditures, in which Nc
Carl said the Air Corps act of 1926
permitted non-competitive purchases
of airplanes. This letter was quoted
in yesterdays Star.
Assistant Secretary of War Wood
ring said today he believed the 1929
ruling had reference only to expert
mental planes and not to purchases
of aircraft in considerable quantities
Kvale Mails Opinion.
Copies of the McCarl opinion have
been mailed by Acting Chairman
Kvale, Farmer-Laborite, Minnesota,
to all members of the House investi-
eating group. The McCarl letter did
not come to attention of the commit
tee until Saturday.
The committee meanwhile is mark
ing time in its collateral investiga-
tions of motor truck purchases and
of favors granted Army officers by
private business firms. Kvale is the
only members of the subcommittee
in the city. Hearings will be resumed
when other members return. Agents
of the Department Of Justice and the
controller generals Office are contin-
uing their search for new evidence
along several lines.