Additional material submitted for the record by-Continued Memorandum dated November 5, 1968 (with attachments) from Memorandum dated June 25, 1970, re rotation of hearing exam- Photographs of certain checks and check stubs examined by FBI Receipt dated July 9, 1970, for items submitted by H. Neil Receipt dated August 13, 1970, for items submitted by Carroll Rule XI of the Rules of the House of Representatives; House Statement dated June 23, 1970, with attachments of A. E. Brad- Subpena dated December 19, 1969, served on Carroll F. Geno- Subpena dated June 29, 1970, served on H. Neil Garson calling Subpena dated August 6, 1970, served on Carroll F. Genovese, Travel Voucher No. 62 of James Cheseldine, dated July 10, 1969, Travel voucher No. 114 of H. Neil Garson, dated July 29, 1969, Travel voucher No. 743 of H. Neil Garson, dated April 9, 1969, Travel voucher No. 859 of H. Neil Garson, dated May 10, 1968, Travel voucher No. 936 of James C. Cheseldine, undated, covering Page 233 69 75 144 214 375 345 298 385 8 308 1 288 382 257 314 154 163 274 1 PART 2 APPENDIXES A. ICC Act excerpts.. B. Administrative Procedures Act excerpts_ C. ICC "Rules Governing the Separation of Operating Expenses, Railway D. Report dated April 22, 1968 entitled "Adequacy of Railroad Passenger E. Executive order dated May 8, 1965.. F. ICC Canons of Conduct.. G. Report dated October 21, 1968 by Joel E. Burns, Chief of Rail Investi- H. Additional material submitted for record by ICC Chairman George I. Court decision in CA No. 5316.. K. "ICC Staff Report on Savings by St. Louis-San Francisco Railroad Company as a Result of Discontinuance of Rail Passenger Service 1965 through 1967.". Page 401 409 417 428 475 480 487 503 530 540 567 L. Correspondence between Chairman Staggers and ICC Chairmen re rail passenger service cost studies_ 579 M. Statement with attachments of Dr. Beatrice Aitchison, Director, Transportation Economics Division, Post Office Department. N. Statement of Joseph F. Jones, Director, Traffic Management Division, O. Additional material submitted for record by Robert A. Scherr, Deputy Q. Additional material submitted for record by James C. Cheseldine__ 587 605 608 791 861 862 INQUIRY INTO CERTAIN PROCEDURES OF THE APPENDIXES APPENDIX A SELECTED EXCERPTS FROM INTERSTATE COMMERCE ACT PART I, INTERSTATE COMMERCE ACT REGULATION IN GENERAL; CAR SERVICE; ALTERATION OF LINE SEC. 1. [As amended June 29, 1906, April 13, 1908, June 18, 1910, May 29, 1917, August 10, 1917, February 28, 1920, June 19, 1934, August 9, 1935, September 18, 1940, June 24, 1948, August 2, 1949, August 12, 1958.] [49 U.S.C. § 1.] (3) (a) The term "common carrier" as used in this part shall include all pipeline companies; express companies; sleeping-car companies; and all persons, natural or artificial, engaged in such transportation as aforesaid as common carriers for hire. Wherever the word "carrier" is used in this part it shall be held to mean "common carrier." The term "railroad" as used in this part shall include all bridges, car floats, lighters, and ferries used by or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and also all switches, spurs, tracks, terminals, and terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, including all freight depots, yards, and grounds, used or necessary in the transportation or delivery of any such property. The term "transportation" as used in this part shall include locomotives, cars, and other vehicles, vessels, and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported. The term "person" as used in this part includes an individual, firm, copartnership, corporation, company, association, or joint-stock association; and includes a trustee, receiver, assignee, or personal representative thereof. (4) It shall be the duty of every common carrier subject to this part to provide and furnish transportation upon reasonable request therefor, and to establish reasonable through routes with other such carrier, and just and reasonable rates, fares, charges, and classifications applicable thereto; and it shall be the duty of common carriers by railroad subject to this part to establish reasonable through routes with common carriers by water subject to part III, and just and reasonable rates, fares, charges, and classifications applicable thereto. It shall be the duty of every such common carrier establishing through routes to provide reasonable facilities for operating such routes and to make reasonable rules and regulations with respect to their operation, and providing for reasonable compensation to those entitled thereto; and in case of joint rates, fares, or charges, to establish just, reasonable, and equitable divisions thereof, which shall not unduly prefer or prejudice any of such participating carriers. (5) All charges made for any service rendered or to be rendered in the transportation of passengers or property, or in connection therewith, shall be just and reasonable, and every unjust and unreasonable charge for such service or any part thereof is prohibited and declared to be unlawful. * (10) The term "car service" in this part shall include the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, and other vehicles used in the transportation of property, including special types of equipment, and the supply of trains, by any carrier by railroad subject to this part. (11) It shall be the duty of every carrier by railroad subject to this part to furnish safe and adequate car service and to establish, observe, and enforce just and reasonable rules, regulations, and practices with respect to car service; and every unjust and unreasonable rule, regulation, and practice with respect to car service is prohibited and declared to be unlawful. (12) It shall also be the duty of every carrier by railroad to make just and reasonable distribution of cars for transportation of coal among the coal mines served by it, whether located upon its line or lines or customarily dependent upon it for car supply. During any period when the supply of cars available for such service does not equal the requirements of such mines it shall be the duty of the carrier to maintain and apply just and reasonable ratings of such mines and to count each and every car furnished to or used by any such mine for transportation of coal against the mine. Failure or refusal so to do shall be unlawful, and in respect of each car not so counted shall be deemed a separate offiense, and the carrier, receiver, or operating trustee so failing or refusing shall forfeit to the United States the sum of $100 for each offense, which may be recovered in a civil action brought by the United States. (13) The Commission is hereby authorized by general or special orders to require all carriers by railroad subject to this part, or any of them, to file with it from time to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such rules and regulations shall be incorporated in their schedules showing rates, fares, and charges for transportation, and be subject to any or all of the provisions of this part relating thereto. (14) (a) The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish reasonable rules, regulations, and practices with respect to car service by common carriers by railroad subject to this part, including the compensation to be paid and other terms of any contract, agreement, or arrangement for the use of any locomotive, car, or other vehicle not owned by the carrier using it (and whether or not owned by another carrier), and the penalties or other sanctions for nonobservance of such rules, regulations, or practices. (b) It shall be unlawful for any common carrier by railroad or express company, subject to this part, to make or enter into any contract, agreement, or arrangement with any person for the furnishing to or on behalf of such carrier or express company of protective service against heat or cold to property transported or to be transported in interstate or foreign commerce, or for any such carrier or express company to continue after April 1, 1941, as a party to any such contract, agreement, or arrangement unless and until such contract, agreement, or arrangement has been submitted to and approved by the Commission as just, reasonable, and consistent with the public interest: Provided, That if the Commission is unable to make its determination with respect to any such contract, agreement, or arrangement prior to said date, it may extend it to not later than October 1, 1941. (15) Whenever the Commission is of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may detemine: (a) to suspend the operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the Commission; (b) to make such just and reasonable directions with respect to car service without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon such terms of compensation as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; (c) to require such joint or common use of terminals, including main-line track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; and (d) to give directions for preference |