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Mr. GENOVESE. Except for the date on the check, I have no recollection of specifics.

Mr. MANELLI. But that was the—that check was gone by that time, by the time you wrote this statement, that check was a check that was delivered and you gave back?

Mr. GENOVESE. That is correct.

Mr. MANELLI. So did you just remember the date that had been on the check, is that why you chose November 18? Because you did not have the check any more to look at as November 18, being the date? Am I being clear? How is it that you—did you just recall the date on the check ?

Mr. GENOVESE. I am sure I must have; yes.

Mr. MANELLI. You did not get this date—this is not one of the items that Mr. Burstein recalled, that you relied on his recollection for?

Mr. GENOVESE. No. I am sure that I remembered the date of November 18 from some action, I do not recall whether it was because of the fixed date on the check or whether it was because of any other circumstances, but I do recall that I had the date fixed in my mind of November 18, on or about November 18.

Mr. MANELLI. That is all.

Mr. Moss. The Chair is going to adjourn this hearing with the instruction to you, sir, that you be available to the committee, remaining of course under the subpena, until the committee has determined from an inventory of the submitted material that it is in fact responsive to the items enumerated in that subpena.

With that understanding the committee will stand adjourned.

(Whereupon, at 10:40 a.m., the Special Subcommittee on Investigations of the Committee on Interstate and Foreign Commerce adjourned.)

O

INQUIRY INTO CERTAIN PROCEDURES OF THE INTERSTATE COMMERCE COMMISSION

APPENDIX TO
HEARINGS

BEFORE THE

SPECIAL SUBCOMMITTEE ON INVESTIGATIONS

OF THE

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

HOUSE OF REPRESENTATIVES

NINETY-FIRST CONGRESS

SECOND SESSION

JANUARY 7; JUNE 16, 17, 18, 24, 26; JULY 9, 29, 31 ;

AUGUST 13, 1970

Serial No. 91-100

Printed for the use of the
Committee on Interstate and Foreign Commerce

U.S. GOVERNMENT PRINTING OFFICE

51-728 O

WASHINGTON : 1971

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

HARLEY O. STAGGERS, West Virginia, Chairman SAMUEL N. FRIEDEL, Maryland

WILLIAM L. SPRINGER, Illinois TORBERT H. MACDONALD, Massachusetts SAMUEL L. DEVINE, Ohio JOHN JARMAN, Oklahoma

ANCHER NELSEN, Minnesota JOHN E. MOSS, Callfornia

HASTINGS KEITH, Massachusetts JOHN D. DINGELL, Michigan

GLENN CUNNINGHAM, Nebraska PAUL G. ROGERS, Florida

JAMES T. BROYHILL, North Carolina LIONEL VAN DEERLIN, California JAMES HARVEY, Michigan J. J. PICKLE, Texas

ALBERT W. WATSOX, South Carolina FRED B. ROONEY, Pennsylvania

TIM LEE CARTER, Kentucky JOHN M. MURPHY, New York

DONALD G. BROTZMAN, Colorado DAVID E. SATTERFIELD III, Virginia CLARENCE J. BROWN, Ohio BROCK ADAMS, Wasbington

DAN KUYKENDALL, Tennessee RICHARD L. OTTINGER, New York

JOE SKUBITZ, Kansas RAY BLANTON, Tennessee

FLETCHER THOMPSON, Georgia W S. (BILL) STICKEY, JR., Georgia JAMES F. HASTINGS, New York PETER X. KYROS, Maine

JOHN G. SCHMITZ, California
BOB EXCKHARDT, Texas
ROBERTO TIERNAN, Rhode Island
RICHARDSON PREYER, North Carolina

W. E. WILLIAMSON, Clerk
KENNETH J. PAINTER, Assistant Clerk

Professional Staff
JAMES M. MENGER, Jr.

ROBERT F. GUTHRIE
WILLIAM J. DIXON

Kl’RT BORCHARDT

SPECIAL SUBCOMMITTEE ON INVESTIGATIONS

HARLEY O. STAGGERS, West Virginia, Chairman
SAMUEL N FRIEDEL, Maryland

WILLIAM L. SPRINGER, Mlinois
TORBERT H. MACDONALD, Massachusetts SAMUEL L. DEVINE, Ohio
JOHN JARMAN, Oklahoma

ANCHER NELSEN, Minnesota
JOHN E MOSs, California

HASTINGS KEITH, Massachusetts JOHN D. DINGELL, Michigan

GLENN CUNNINGHAM, Nebraska PAI'LG. ROGERS, Florida

JAMES T. BROYHILL, Nortb Carolina LIONEL VAN DEERLIN, California

JAMES HARVEY, Michigan J J. PICKLE, Texas

ROBERT W. LISHMAN, Chief Counsel MICHAEL E BARRETT, Jr., Attorney

DANIEL J. MANELLI, Attorney JAMES F. BRODER, Special Assistant

MARK J. RAABE, Attorney JAMES R. (UNNOR, Special Arnstant

ROBERT L. REBEIN, Attorney WILLIAM T. DRIHAN, Npecial Consultant Bex M. SMETHY'RST, Special Annstant JANEN P. KELLY, Chief Inrestigator

(II)

CONTENTS

(The same table of contents appears in parts 1 and 2)

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147,

PART 1 learings held on

Page January 7, 1970.

1 June 16, 1970.

7 June 17, 1970

63 June 18, 1970

147 June 24, 1970

197 June 26, 1970.

203 July 9, 1970.

287 July 29, 1970

301 July 31, 1970

371 August 13, 1970.

381 Cestimony ofAitchison, Dr. Beatrice, Director, Transportation Economics Branch,

Transportation Economics and Development Division, U.S. Post
Office Department, accompanied by Robert A. Scherr, Deputy
Assistant General Counsel for Transportation, U.S. Post Office
Department.--

175 Cheseldine, James C., Chief Hearing Examiner, Interstate Commerce Commission.-

197, 203, 231 Garson, H. Neil, Secretary, Interstate Commerce Commission..

289, 303, 357, 372 Genovese, Carroll F., executive secretary, Movers' and Warehousemen's Association.

3, 385 Jones, Joseph F., Director, Traffic Management Division, U.S. Post

Office Department, accompanied by Robert A. Scherr, Deputy
Assistant General Counsel for Transportation, U.S. Post Office
Department

175 Kahn, Fritz, Deputy General Counsel, Interstate Commerce Commission.

43, 124, 139 Messer, John S., Hearing Examiner, Interstate Commerce Commission.

14 Rebein, Robert L., Staff Attorney, Special Subcommittee on Investiga

tions, Committee on Interstate and Foreign Commerce, U.S. House
of Representatives...

230 Shaneyfelt, Lyndal L., Special Agent, Federal Bureau of Investigation 337,

362 Smethurst, Benjamin M., Special Assistant, Special Subcommittee on

Investigations, Committee on Interstate and Foreign Commerce,
U.S. House of Representatives.

230 Tuggle, Kenneth H., Commissioner, Interstate Commerce Commission..

63 Wilhite, W. Wallace, Hearing Examiner, Interstate Commerce Commission..

43 Wright, Robert T., Attorney-Adviser, Interstate Commerce Commissjon...

133 dditional material submitted for the record byInterstate Commerce Commission:

James C. Cheseldine: Letter dated July 6, 1970, to Chairman

Harley O. Staggers re travel from Laredo to Austin, Tex.;
New Mexico to El Paso, Tex.; and check to Hotel Pontchar-
train...

861 H. Neil Garson: Statement with attachments.

862 Fritz R. Kahn: Court citations re ICC practice of not serving an

examiner's report and recommended order in proceedings that
must be accorded expeditious handling -

140 John S. Messer: Memorandum dated October, 1964, re field in

vestigations in train discontinuance proceedings

N

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