Evening star., 1934-06-04
SWANSON LASHES
BACK AT M'CARL
Informs Controller Only
President and Court
Have Jurisdiction.

Secretary Swanson has lashed back
at Controller General McCarl for
questioning the Navy purchase of 81
airplanes without competition and
has reminded the Governments chief
accounting officer that the depart
ments action "is not renewable by
any officer or tribunal of the United
States except the President and the
Federal courts"
The sharply -worded correspondence,
which adds another chapter to the
disputes In which McCarl has en-
gagged with Roosevelt cabinet officers
over defense program purchases, and
other expenditures that have de-
veloped in various emergency meas
ures, was made public by Representa-
tive McFarlane, Democrat, of Texas.
He told newspaper men that the
exchange shows clearly that Congress
should make it the controller gen.
erals business to approve or disap-
prove Army and Navy airplane con-
tracts"
Has No Jurisdiction.
Under the 1925 aircraft defense act,
the controller general has no jurisdic-
ton over Army and Navy airplane
purchases. But he wrote a letter to
Swanson about a contract to spend
$658.l25 with the Great Lakes Air
craft Corporation of Cleveland for the
purchase of 81 airplanes and parts
In that letter. McCarl interpreted
the law as requiring competition for
quantity airplane procurement. and,
referring to the contract, added:
You are requested to inform me
by what authority it is purported to
charge appropriated moneys under
said agreement to. the extent of $685.
l25, or in any other amount. Pending
satisfactory explanation in this mat
ter. no credit will be allowed for any
payments under the agree
ment entered without COM
petition
Swanson Cites Law.
Swanson replied the law gave him
authority to approve the purchase OF
alrplanes for experimental purposes
without competition. One plane was
bought from the Great Lakes Co, he
said
The tests Of the first plane having
proved preliminarily satifactory, II
Swanson added, 'it was determined
to continue further experimentation
with this type of aircraft Accord
ingly an additional number OF
planes of this experimental model
were procured sufficient to equip at
least one complete squadron or other
tactical unit so that further expert
mentation might be conducted under
feet service conditions to determine
the models suitability as a service
model.
Contract Not Renewable.
The above mentioned contracts
having been entered into under the
authority for the procurement
Of aircraft and aircraft parts for ex-
perimental purposes and it being
my decision that the procurement OF
the aircraft and spares hereunder
were for such experimental purposes
your attention is invited to the fact
that under the authority conferred
upon me this decision as to the
award Of such contract. Interpretation
of the provisions of the contract. and
application and administration of the
contract, is not ewable by any Of
flcer or tribuns y. the United States
except the President and the Federal
courts
McCarl tied up a large portion Of
, the Army motorization program be-
| cause he took exception TO the bidding
specifications, and also raised ques-
tions about airplane purchases in thai
branch.