Evening star., 1952-06-20
u. 5. Attorney Fired
By McGranery on
Fee-Taking Charge
By George Beveridqe

Attorney General McGraner.
has fired the United States At
torney for Kansas and duplicates
a former Justice Department law
yer, now living in Chevy Chase
for allegedly accepting OUTSIDE
fees in a case before the Nationa
Security Resources Board.
Mr.. McGranery announced HI
has asked for a special grand jur!
in Kansas to probe the activitie!
Of:
Lester Luther, SO. of Topeka
who was fired as United State.
Attorney on order of President
Truman.
Nicholas j. Lopes, 35. of $40:
Strattord road, Chevy Chase, Md
Mr.. LopeS was an aide to Mr.
Luther until last November, wher
he transferred here to the Justice
Departments Criminal Division
He resigned from the department
May 9.
GAdHIH1C VI HIS I 1IdHSs
ri. The Attorney General called re-
porters to his Office late yesterday
a few minutes after President
Truman drafted the Luther dis
-miSsal order. He said the fast
action was an example of the way
he intended to attack corruption
An F7iS IonoPfro ont
It was the first move he had
taken against field officials of the
department. in face of demands
for a cleanup campaign. Last
Saturday, he shook up top levels
of the agency. ouSting three of his
six assistant attorneys general.
Mr.. McGranery said he had evil
dence that Mr.. LopeS received
$4,000 in two $4,000 fee pay
ments, from the Dolite Co. of
Toledo, a refractory manufac-
turer. Mr.. Luther. he said, got
lone check for $4,000 which was
part of a $4,000 fee given to
Lopes."
Law FOrbidS Action.
Mr.. McGranery said Federal law
fofbids Government employees from
representing private firms before
any agency in which the United
States is directly or indirectly in
terested." He said conviction for
such an offense carries penalties
of a $4,000 fine or two years
imprisonment, or both.
Word of the Luther-LopeS par
ticipation in the Dolite applica-
tions, it was learned, came to the
Justice Department last March
The decisions to fire Mr.. Luther
and call for the grand jury probe
were made after long FBI in
vestigation.
Reached by telephone at his
home, Mr.. Lopes said he had no
comment on the charges.
Mr.. McGranery said one mys-
terry he wanted to clear up was
how Mr.. Lopes was transferred to
Washington from the Topeka Of
fee last November. That was
just about year before the rep
resentation took place before the
NSRB on behalf Of Dolite, he
said. @
Tax Matter Involved.
The representation. he said, in
volved tax matters in connection
with getting certificates of neces-
sity" for materials needed by the
company.
Mr.. Luther told reporters hi
and Mr.. Lopes had shared in fee!
from the Dolite Co. But he denied
there was anything illegitimatt
involved and said it is regular
practice for district attorneys tt
do jobs like this"
He said the money was received
for giving legal advice in connec.
tion with a large construction jot
and not in connection with ta3
matters.
"All I know about the deal Il
what Lopes told me- he added
"He didn't tell me the facts a.
they are stated by the Attorney
General today"
In Toledo. John j. Kendrick
attorney for Dolite. said the mos
recent work done by Mr.. Lope!
for the firm was on application tt
obtain materials for plant expan.
sion. He said the certificates o1
necessity applied for carry pro.
visions for a fast write-off in de.
probation for tax purposes. But
Mr.. Lopes never represented the
firm in a tax case, as such, hi
said.
Mr.. McGranery said he intended
to send a special prosecutor from
Washington to present data to the
Kansas grand jury.
He said Mr.. Luther had been 9
Government employe since 1885
and was named United States
attorney by President Truman ir
June, 1948. Mr.. Lopes. he said
had been with the Government
since 1850.