Evening star., 1935-04-25
WAR PATENT: HEAD
CENSURED BY DERN|
Col. J. !. McMuIIen Accused
of "ScandaIous" Business
Activities.
(Continued From First Page.)

NSoAvsAsN~~ A~ssA . s~SS ~o~'
letter received from Secretary Dern.
Col. McMullen's name figured prom
inently in testimony given the COM
mittee concerning lobbying at the War
Department and the officer admitted
in one hearing he had received large
sums from the Cuban American MsiA-
ganese Co. for legal services"
Testimony IL Studied.
VOluminouS testimony in this con-
nection was turned over to United
States Attorney Leslie c. Garnet by
Chairman McSwain and Is being
studied by assistants in Garnett's Of
fee.
In giving out Dern's report to Nc
Swain, the committee announced 1t
has instructed the chairman to notify
Dern of its desire that any plans for
retiring McMullen for physical dis
ability be deferred. as the committee
has additional evidence which may
warrant court-martial proceedings.
Dern had explained that court
martial action against McMullen was
impossible, because the offenSes al
legged were outlawed by the statute Of
limitations.
McSwain said the new evidence in
dicated other official misconduct &C.
CURED within the time covered by
the statute Of limitations.
1T is our belief that it would be.
in view of these facts. cry wrong
that Col McMullen should draw re-
tired pay when he should be dis
charged, IL the evidence shall be sus-
tanned by court martial" McSwain
declared to the Associated Press.
U. s. Code Violated.
In writing to McSwain the results
OF the War Department investigation,
Secretary Dern said:
1T is affmatively established that
during 1882 Col. McMullen engaged
in private practice of the law which
was, SO far as can now be determined,
violative Of certain sections Of the
United States code and OF certain
other Federal statutes"
The War Secretary said the statute
Of limitations prevented trying Nc
Mullen before a court-martial. but
that he was informed he could be
tried before civil court.
For that reason I am transmitting
a copy of the report OF investigation to
the Attorney General of the United
States for such action looking to Col.
McMullen's trial in the Federal courts
as the facts of the case may be found
to warrant he added.
The charges against Col: McMullen
arose from a lengthy inquiry military
subcommittee made, under orders from
the House, into War Department ex-
penditures and business practices.
Officer Rebuked in Letter.
The officer was rebuked in letter
signed by Maj. Gen. James F. Nc
Kinley, the Army's adjutant general,
who said:
1T is afirmatively established . .
that you caused Government business
connected with patent claims. with
which you we're associated in your
official capacity, to be placed with q
law firm with which a member of your
immediate family was employed.
1T Is further established that you
engaged in private legal activities for
compensation as attorney for firms
whose interests were closely related
to the interests of the Government.
so scandalous was your action in
this latter matter that positive steps
looking to your trial by court-martial
therefor would be taken did not the
statute of limitations set forth in the
Articles Of War interpose bar to the
prosecution of such a trial.
Deepest Censure Conveyed.
THE Secretary OF War. however,
directs me 70 convey to you his deepest
censure for both these acts, which he