Evening star., 1946-08-01
Draft Directors Tell
OF Quiz for Refusal
To Defer Rubinstein

A collateral development of the
war frauds inquiry today produced
charges that representative Of the
House Military Affairs Committee
had sharply questioned draft off,
cials of New York City and Ohio
about their refusal to defer Serge
Rubinstein, international financier
who is free on $4,000 bond in New
York in draft evasion case.
In New York, Col. Arthur McDer-
mott, former director of selective
service, told the North American
Newspaper Alliance that he was
summoned to Washington and
"grilled" about the Rubinstein case
by H. Ralph Burton, general counsel
Of the Military Committee, which is
headed by Representative May,
Democrat. of Kentucky, whose con-
nection with the Carson interests
Is under study by the Mead Com
mittee.
Tells of Being Questioned.
In Columbus, Ohio, Col. Chester
w. Gogle, State selective service
director, was quoted by the MANA
as saying that Mr.. Burton had de-
manded an explanation of the re-
fusal TO defer Rubinstein, whose
case was shifted from New York to
Ohio.
Their statements were made after
an earlier report of the incident
and brought the information from
Mr.. Burton that he had acted "as
a matter of routine" and that he
did not believe Mr.. May knew any,
thing about this at all and there
was nothing irregular about it."
Col. McDermott said he and Col
Goble were summoned to Washing
ton in November, 1943, presumably
to appear before the May Commit
tee. Instead, he said, they were
taken to side room and questioned
for an hour by Mr.. Burton. They
laid all the evidence before the COM
mittee counsel, Col. McDermott said
Disallowed by President.
Rubinstein had claimed deferment
as an official of the Panhandle Pro-
ducing g. Refining Co., which he had
founded. This claim was disallowed
on an appeal to the President, but
the financier had succeeded in re-
opening the appeal and transferring
the case to Ohio.
There he claimed that he had be-
come associated with the Taylor
craft Aviation Co. and reportedly
filed an affidavit in New York stat
ing that he had been certified on the
Taylorcraft replacement schedule by
the Ohio State Selective Service
Board. This affidavit was allegedly
without basis.
Col. McDermott stated he "was
surprised at the method of examina-
ton and considered the grilling by
Mr.. Burton a most unpleasant
experience"
Discussing his part in the matter
Col. Goble said Of Mr.. Burton's
reputed questioning:
HE demanded to know by what
right I had refused to grant occu-
pational deferment to Rubinstein
I replied that there is nothing in
the regulations whereby a State
director of selective service has to
defend his action in refusing to
grant deferments."
Says He Was High Hat"
Col. Goble said Mr.. Burton's ques-
tioning of Col. McDermott was along
similar lines and that he was high
hat" and sarcastic" in his ques-
tioning. Col. Goble said it also
seemed to him that Mr.. Burton's
whole attitude toward the two draft
chiefs was to attempt to humiliate'
them.
Mr. Burton, according to Col
Goble, made reference to hi.
having 'acfess to the aoor of the
White House"
When the Ohio Draft Board con-
firmed Rubinstein's Al classiflca.
tion, the local board in New Yorl
notified him to report for induction
Rubinstein avoided induction b,
filing form 301 which prohibits tht
induction of a neutral alien.
Mr.. Burton told reporters he in.
tervened with Selective Service Di'
rector Hershey in the RubinsteiI
case at the direction of a military
subcommittee which was investigat-
ing administration of the draft Law
in 1943.
Rubinstein's case had been callee
to the subcommittee attention, Mr.
Burton said, and "as matter o1
routine" he wrote Gen. Hershey {
letter on November 9, 1943. Th'
letter suggested the possibility of 1
presidential appeal from Rubin
STEMS IA classification in order tt
give more time to study the fact
involved.
Gen. Hershey replied week latel
that he saw no reason for such al
appeal land the matter was dropped
right there" Mr.. Burton added.
He emphasized he did not reques
a deferment for Rubinstein, but hat
suggested consideration be given tt
Rubinstein's occupational status.