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CONTENTS

PART 1

Hearings 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

Testimony of-

Aitchison, 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.

147,

289, 303, 357, 372

Genovese, Carroll F., executive secretary, Movers' and Warehouse-

men'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 Commis-

sion..

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.

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 Commis-

sion..

63

Wilhite, W. Wallace, Hearing Examiner, Interstate Commerce Com-

mission..

43

Wright, Robert T., Attorney-Adviser, Interstate Commerce Commis-

sion.

133

Additional material submitted for the record by-

Interstate Commerce Commission:

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

Harley 0. 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.

21

Page 503 505

567

525

131

530 540

608 620 621 622 721

608

Additional material submitted for the record by-Continued
Interstate Commerce Commission-Continued
George M. Stafford:

Letter dated January 10, 1969, from Commissioner Virginia

Mae Brown to Senator Gale McGee re Commission find.
ings on conduct of hearing examiner W. Wallace Wilhite

during hearing on FD 25230..
Professional background of ICC hearing examiners.
"ICC Staff Report on Savings by St. Louis-San Francisco

Railroad Co. as a Result of Discontinuance of Rail

Passenger Service 1965 Through 1967”..
Professional background of ICC employees participating in

study resulting in the report, "Investigation of Costs of
Intercity Rail Passenger Service".
Manhours expended by ICC employees participating in study

resulting in the report, "Investigation of Costs of Intercity

Rail Passenger Service".
Kenneth H. Tuggle:

Decision of U.S. District Court for the District of Wyoming

in CA No. 5316..

Decision of ICC on FD 25230.... Post Office Department:

Prepared statement of Robert L. Jones before the ICC on July 6,

1970.--
Listing of railroad mail diversions.--
Listing of penalties for mail service failures..
Selected summaries of freight train mail operations.
Summaries of late train operations.--
Comparison of cost of replacement service with previous costs of

discontinued rail service..
Special Subcommittee on Investigations, Committee on Interstate and
Foreign Commerce:
Bill from Americana San Juan Hotel for Mr. and Mrs. James C.

Cheseldine for the period April 27-May 4, 1969.
Bill from Americana San Juan Hotel for Mr. and Mrs. H. Neil

Garson, together with reservation confirmation for period

March 27–29, 1969..
Bill from the Warwick Hotel for Commissioner Dale Hardin

dated June 28, 1969..
Bill from the Warwick Hotel for Commissioner Virginia Mae

Brown dated June 25, 1969.-
Bill from the Warwick Hotel for Fritz Kahn, dated June 28, 1969.
Bill from the Warwick Hotel for H. Hirshman, dated June 25,

1969..
Bill from the Warwick Hotel for H. Neil Garson, dated June 28,

1969.
Canceled check of H. Neil Garson dated September 2, 1969, pay-

able to ICC Practitioners Association.
Canceled check of H. Neil Garson dated November 18, 1969, pay-
able to Mr. Carroll F. Genovese, executive secretary, Movers'

and Warehousemen's Association of America.--
Chart entitled "Analysis of 'Indiosyncratic Nature of Protests

According to Commissioner Tuggle's Memorandum of January
7, 1969," prepared by subcommittee staff
Chart entitled "Assignments of ICC Hearing Examiners in Train

Discontinuance Matters from April 22, 1968 to December 1,

1969” prepared by subcommittee staff..
Chart entitled “Assignment of ICC Hearing Examiners To Train

Discontinuance Cases While Prior Train-off Cases Still Pending

Decision” prepared by subcommittee staff.
Chart entitled "ICC Travel Voucher Survey-Fiscal years 1966–

69)” prepared by subcommittee staff
Chart entitled “Survey of Train Discontinuances Under Section

13a(1), Enacted August 12, 1958, Interstate Commerce Act,"
compiled by subcommittee staff...

267

158

320

321 323

322

318

325

153

100

205

214

245

13

Additional material submitted for the record by-Continued

Special Subcommittee on Investigations, Committee on Interstate and
Foreign Commerce Continued
Chart showing designations given by FBI laboratory to check

stub books submitted by H. Neil Garson in return of sub-
committee subpena dated June 29, 1970, and subsequently

Page examined by FBI laboratory-

344 Chart showing hearing examiner's itinerary in FD 25230, prepared by subcommittee staff.

110 Evening Star articles dated April 6 and December 16, 1969, re ICC work assignments to John S. Messer..

28 ICC guidelines for the hearing of train discontinuance cases.

242 ICC manual extract (transmittal letter No. 65) dealing with per diem allowances.

171 Letter dated April 7, 1969, from William J. Lippman, MCLA, to

David Smith, Thomas McGuire Enterprises, Inc., re airplane
and hotel reservations for MCLA conference

269 Letter dated May 12, 1969, from John R. Sims, Jr., to Phillip Robinson re 1969 MCLA Conference..

262 Letter dated May 29, 1969, from William J. Lippman, MCLA, to

Joseph E. Ludden, Esq., Gateway Transportation Co., Inc.
re MCLA Conference..

271 Letter dated June 6, 1969 (with attachments), from Carroll F.

Genovese, executive secretary, MWAA, to comptroller, Ameri-
cana Hotel, San Juan, P. R., concerning hotel charges.--

159 Letter dated July 30, 1969, from Elmer B. Staats, Comptroller

General of the United States to Chairman Harley O. Staggers
re unauthorized augmentation of ICC appropriations,

253 Letter dated August 11, 1969, from Commissioner Tuggle to sub

committee staff re expense voucher No. 1025, June 1967--- 113 Letter dated January 23, 1970, (with attachments) from Robert D.

Schuler, Matheson, Bieneman, Veale & Parr to William J.

Lippman, MCLA, re 1968 annual MCLA Conference.co. 167, 278 Letter dated June 26, 1970 from A. E. Bradfield, controller,

Hotel Pontchartrain to Chairman Harley O. Staggers re hotel

accommodations for H. Neil Garson for period May 1-2, 1968-- 311 Letter dated July 2, 1970, from Chairman George M. Stafford,

ICC, concerning information furnished by Mr. Robert L.
Rebein..

231 Letter dated July 13, 1970, from Chairman Harley O. Staggers to

J. Edgar Hoover, Director, FBI, requesting laboratory exam-
ination of certain documents..

338 Letter dated July 20, 1970, from J. Edgar Hoover, Director, FBI

to Chairman Harley 0. Staggers re report of FBI laboratory.. 356 Letter dated August 3, 1970, from J. Edgar Hoover, Director,

FBI, to Chairman Harley O. Staggers transmitting qualifica

tions of FBI lab document examiner Lyndal L. Shaneyfelt.-- 359 Letters dated June 9 and 10, 1970, from Chairman Harley 0.

Staggers to Chairman George M. Stafford, ICC, requesting
presence of certain ICC witnesses to testify at hearings --

11 Letters between Chairman Harley O. Staggers and H. Neil Garson re payment of Hotel Pontchartrain bill...

304 Letters to James C. Cheseldine, ICC chief hearing examiner re

conduct of hearing in FD 25230 by hearing examiner W.
Wallace Wilhite.

78-95
List of MCLA members staying at Tryall Golf and Beach Club.
Sandy Bay Jamaica, May 4-9, 1969..

263 Memorandum dated October 24, 1968, from W. Wallace Wilhite

to James Cheseldine enclosing itinerary for FD 25230 hearings. 49

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Additional material submitted for the record bs-Continued

Special Subcommittee on Investigations, Committee on Interstate and
Foreign Commerce Continued
Memorandum dated November 5, 1968 (with attachments) from

James Cheseldine to all hearing examiners re conduct of hear-
ing examiners...
Memorandum dated December 19, 1968 (with attachments) from

Chairman Paul J. Tierney to the ICC re conduct of hearing by
hearing examiner W. Wallace Wilhite in FD 23230.
Memorandum dated January 7, 1969 (with attachments) from

Commissioner Kenneth H. Tuggle to ICC re conduct of hearing by hearing examiner W. Wallace Wilhite in FD 25230... Memorandum dated May 28, 1969, re interview of Robert T.

Wright, attorney-adviser, ICC, prepared by subcommittee

staff.,
Memorandum dated June 25, 1970, re rotation of hearing exam-

iners prepared by subcommittee staff.
Memorandum dated July 31, 1970, re Interview of Miss Norma L.

Iser, executive secretary, Association of ICC Practitioners pre

pared by subcommittee staff.
Photographs of certain checks and check stubs examined by FBI

Laboratory
Receipt dated July 9, 1970, for items submitted by H. Veil

Garson in response to subcommittee subpena..
Receipt dated August 13, 1970, for items submitted by Carroll

F. Genovese in response to subcommittee subpena.
Rule XI of the Rules of the House of Representatives; House

Resolution 116, 91st Congress..
Statement dated June 23, 1970, with attachments of A. E. Brad-

field, Controller, Hotel Pontchartrain re hotel documents

requested by subcommittee..
Subpena dated December 19, 1969, served on Carroll F. Geno-

vese, executive secretary, Movers' and Warehousemen's
Association of America, Inc. calling for the production of cer-

tain specified documents..
Subpena dated June 29, 1970, served on H. Neil Garson calling

for the production of certain specified documents; letter dated
July 6, 1970, from Chairman Harley O. Staggers modifying

subpena.
Subpena dated August 6, 1970, served on Carroll F. Genovese,

executive secretary, Movers' and Warehousemen's Associa-
tion of America, Inc. calling for the production of certain speci-

fied documents.
Travel Voucher No. 62 of James Cheseldine, dated July 10, 1969,

covering travel from Baltimore, Md. to San Juan, P.R. and

return.no
Travel voucher No. 114 of H. Neil Garson, dated July 29, 1969,

covering travel from Washington, D.C. to Houston, Tex. and

return..
Travel voucher No. 743 of H. Neil Garson, dated April 9, 1969,

covering travel from Washington D.C. to San Juan, P.R. and

return.--
Travel voucher No. 859 of H. Neil Garson, dated May 10, 1968,

covering travel from Washington, D.C. to Detroit, Mich. and

return...
Travel voucher No. 936 of James C. Cheseldine, undated, covering

travel from Washington, D.C. to Detroit, Mich. and return..

308

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288

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