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 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 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 W. E. WILLIAMSON, Clerk Professional Staff ROBERT F. GUTHRIE Kl’RT BORCHARDT SPECIAL SUBCOMMITTEE ON INVESTIGATIONS HARLEY O. STAGGERS, West Virginia, Chairman WILLIAM L. SPRINGER, Mlinois ANCHER NELSEN, Minnesota 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) 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 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 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 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, 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.; 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 140 John S. Messer: Memorandum dated October, 1964, re field in vestigations in train discontinuance proceedings N |