In 1947, he became Administrative Assistant to President Truman. In 1950, he was advanced to the position of Special Counsel to the President.

From 1953 to 1961, Mr. Murphy practiced law as a member of the Washington, D.C., firm of Morison, Murphy, Clapp & Abrams. He was admitted to the Supreme Court bar in 1944, and to the District of Columbia bar in 1947. From 1957-60, he was counsel to the Democratic National Advisory Council.

The Under Secretary is a member of the American Bar Association, the North Carolina Bar Association, the Federal Bar Association, and the District of Columbia Bar Association. From 1956-58, he was president of the National Capital Democratic Club. He also belongs to the Order of the Coif, Delta Sigma Phi, Pi Gamma Mu, and Omicron Delta Kappa.

Mr. Murphy married Kate Chestney Graham, of Durham, N.C., in 1931. They have three children. One daughter, Courtenay, is married to Whitney Slater and lives in Arlington, Va. Westbrook, their son, is a law student at Yale University. Another daughter, Betty, 16, lives at home. She attends Woodrow Wilson High School in Washington.

Senator MONRONEY. We appreciate your coming here and we will now proceed with the questioning of Mr. Murphy.

You will take over, if confirmed, the very important job of heading up a bipartisan Board in whose destiny the future of aviation rests. Certainly your past experience in the Government as administrative assistant to President Truman, your experience in the Senate, Legislative Reference Service, and experience in the Department of Agriculture as No. 2 man there, would qualify you in many fields of administration. Such experience will prove invaluable in your capacity as Chairman of the Civil Aeronautics Board.

Your legal experience, in having been a member of several distinguished law firms and serving in a legal capacity with the Government, will prove of great value.

I am sure that members of the committee want to question you regarding your attitudes in the job you are about to take, particularly with the development and leadership that is required by the Civil Aeronautics Board in the field of air safety as well as the development of American-flag lines around the world, development of better service by our scheduled trunklines and perpetuation of our feeder lines and if possible, retention of our helicopter lines.

I would like to ask Senator Hartke, who is very interested in this subject, if he would care to question you at this time.

Senator HARTKE. Mr. Murphy, I want to congratulate him upon his new appointment. Can I ask him another question other than that? I am not going to push this matter of helicopters with you here.

Have you had any experience-you know I hold you in high regard-have you had any experience directly related to the aviation industry?

Mr. MURPHY. I have had some, not a great deal. I did, in 1937 and 1938, work at some length on the Civil Aeronautics Act of 1938. When I was a member of the White House staff one of my assignments, staff assignments, was on behalf of the President, to work with the Civil Aeronautics Board.

Senator HARTKE. You are a civilian?

Mr. MURPHY. I am a civilian.

Senator HARTKE. I call your attention to the law in this regard, it says here

at time of his nomination shall be a civilian and shall have experience in the field directly related to aviation.

I do that for the purpose of just putting it into the record. Whenever these appointments come up and discussion is had, we feel it is proper for us to consider how we are interpreting some of these laws, because I think it is going to become very important in another matter coming before this committee very shortly.

Mr. MURPHY. I would like to add one other thing, Senator Hartke, because I would like to make sure that the committee knows it. When I was engaged in private practice of law, I had some limited practice before the Civil Aeronautics Board. I don't think this is enough to create any conflict of interest problem, but I certainly don't want it concealed.

Senator HARTKE. I have no other questions.

Senator MONRONEY. Senator Cotton?

Senator COTTON. I think you are leaning over backward in telling the committee that you did represent some form of airline transportation when you were in private practice. Was it supplemental airlines?

Mr. MURPHY. I did, Senator. I represented at one time three different supplemental carriers.

Senator COTTON. Obviously your attitude in telling us about it, is added assurance, you have no prejudice one way or another in favor of any element of air transportation?

Mr. MURPHY. I don't think so.

Senator COTTON. Mr. Murphy, you have had experience connected with the legislative branch of the Government. You have recently been a high official in the Department of Agriculture which is an arm of the executive branch of the Government. You undoubtedly are aware that many of us feel very strongly and do not want anyone. to lose sight of the fact that the CAB is an independent agency and is, we believe, an arm of the Congress, not an arm of the executive branch of the Government.

I would like to know your concept on that point and your viewpoint, if you don't mind telling us. Don't misunderstand me, I am not suggesting that the President of the United States and the executive branch should be ignored in any way, shape or manner. Some of us like to know that everyone who serves on these independent agencies. that have been created by Congress recognize the fact that they are an arm of the legislative branch.

Mr. MURPHY. I recognize, Senator, the quasi-legislative character of this board as an independent agency. Of course there are some of the functions that it performs in connection with, and in fact under the direction of the President, particularly as they relate to international air transportation.

In the first place, I have no thought in the world that the President of the United States will undertake to dominate the actions of the Board or to direct by activities as Chairman of the Board.

In the second place, if that should happen, I think I have a pretty full comprehension of the nature of the relationship between the two. I might say that I was reminded of this once when I was on the White House staff by the then Chairman of the Civil Aeronautics Board, who pointed out that the President was in a position to approve or disapprove the actions of the Board in connection with international air transportation, but not air transportation within the United States.

Senator COTTON. I agree with you, and as I said, my question had no reference to the President. Nor should the Congress attempt, or any Member of the Congress attempt to tamper with the decisions or influence the decisions, improperly, of the Civil Aeronautics Board or any other board, but we do like to feel that they recognize that they are a completely independent agency and your answer has indicated

that.

Forgive me for getting parochial, but I would again like to raise with you what you probably heard me mention to Chairman Boyd, that I think I can state without fear of intelligent contradiction, that there isn't an area in the United States of America that is so starved for transportation, and particularly air transportation, as northern New England.

I am not talking to you about the Northeast case or any other case, but I have felt at least that CAB has not always seemed to realize how necessary, how much we are starved for air transportation, how our recreation industry and activities are going to pieces because of it. I almost think I could say, that with the exception of my colleague here perhaps, from Vermont, my colleague from Vermont and my colleague from New Hampshire, I am probably about the only U.S. Senator who can't get to his home or anywhere near it by air, despite the fact that we have a very modern and completely adequate airport.

I simply can't, because there is one plane a day and it is always taken weeks ahead, and I couldn't get on it unless I crowded somebody off. So I have to fly into Boston, go over the roads 3 or 4 hours, every time I go home.

I hope, and I am not referring to any particular case, but I hope that you will have that in mind and have us in mind as you assume your duties on the CAB.

Mr. MURPHY. I certainly will, Senator. I think it is clear that I am in no position to express any views about any particular case or any particular service, but if confirmed by the Senate and if I take this office, I will give particular attention to this problem.

Senator COTTON. Of course we intend to give everybody their due justice in every section, but I hope you will examine this section, and if you do I am confident you will be convinced from the facts that there isn't a section in this country as desperate for air transportation as New Hampshire and certain parts of Vermont and I guess certain parts of Maine.

I am sure that you will be a very useful and successful Chairman and thank you for these expressions and I intend to vote for you and wish you well in your new duties. Thank you.

Mr. MURPHY. Thank you, Senator

Senator MONRONEY. Thank you very much, Senator Cotton.

You enjoy the unusual distinction, Mr. Murphy, of having two Senators, who claim you as their constituent, Senator Jordan and of course Senator Ervin claim you as a constituent of North Carolina, but the distinguished Senator in whose district you reside also claims you. He happens to be a member of this committee, a very active member of this group before which you appear today.

Mr. MURPHY. I am a very fortunate man in many respects, Senator, including the fact that I have two home States.

Senator MONRONEY. You are very fortunate indeed, so I would like to call on Senator Brewster next, who has a few words to say about his constitutent also, probably about your attitudes toward various aviation matters.

Senator BREWSTER. Thank you very much, Mr. Chairman. As you so properly pointed out, as Senator Ervin and Senator Jordan support Mr. Murphy, Senator Tydings and I add our very genuine endorsement and look forward to his confirmation as Chairman of the Civil Aeronautics Board.

Though born in North Carolina, we have known Mr. Murphy has lived in Maryland for many years, and we are very proud of our adopted son.

We know him to be a scholar, a very able lawyer, a distinguished public servant with a long career in Government here in the Senate, Legislative Counsel's Office, as an administrative assistant to President Truman, as an assistant at the White House, and now in his present capacity, as Under Secretary of Agriculture.

Mr. Murphy, you have Senator Tydings and my very sincere and genuine congratulations.

While I have this chance, I would like, with the chairman's permission, to propound a question or two.

Senator MONRONEY. Yes.

Senator BREWSTER. Many of us have felt that the CAB in the past did not pursue as vigorously as possible its responsibilities in the area of adequacy of air service to various communities. Are you able to make any comment on your thoughts on the Board's responsibilities in this adequacy area?

Mr. MURPHY. In all candor, Senator, I would have to say no. Even during the last few weeks, since the President announced his intention to nominate me for this post, I have not had an opportunity to spend much time studying and refreshing my recollection about the work of the Civil Aeronautics Board.

The problems of cotton, tobacco, sugar, have continued to be very pressing, and some of my friends and associates have been kind enough to urge that I try to do some more work on them before I left the Department of Agriculture.

I do know that adequacy of service is one of the difficult problems in the field of air transportation. Certainly we will always in a general way be in favor of adequate service for all communities. I think it is properly the function of the Civil Aeronautics Board. It is my impression that in recent years the Board has been performing this function more effectively than in earlier years, of promoting, if you please, and encouraging the development of adequate service and not just waiting for these questions to come to it in the routine way when applications are made.

Senator COTTON. When you move over from agriculture to aviation, you won't forget the problems of cotton. [Laughter.]

Mr. MURPHY. Senator, I hope it will be a different kind of cotton. Senator BREWSTER. Allow me to make this comment, that I believe the CAB should initiate investigations as to adequacy and not merely sit as referee of differences of opinion between existing airlines, and that the primary job is to the public and not to the airlines.

As a Senator from Maryland, I am sure you are aware of Maryland's great international airport at Friendship; are you not, sir?

Mr. MURPHY. I am, Senator. I would certainly have no prejudice against this particular airport. It happens to be the one that is closest to my home.

Senator BREWSTER. I congratulate you, Mr. Murphy, and certainly have Senator Tydings' and my support.

you shall

Senator MONRONEY. Any further questions, Senator Brewster?
Senator BREWSTER. No.

Senator MONRONEY. Senator Prouty?

Senator PROUTY. Thank you, Mr. Chairman.

Mr. Murphy, I am sure the headaches you face as Chairman of the Civil Aeronautics Board will be much smaller and easier to handle than those you have been confronted with in your profession.

I just want to reiterate what Senator Cotton has said. Many sections of Northern New England are more isolated now as far as transportation capacity is concerned as was the case 30 years ago.

Train service, passenger train service, is practically nonexistent. We have got to rely on air transportation in order to maintain. economy in those areas, and I hope very much you will give this problem of ours your serious thought and consideration.

Mr. MURPHY. Thank you, Senator, and I certainly will do that. Senator PROUTY. Thank you, Mr. Chairman.

Senator MONRONEY. Senator Bass?

Senator BASS. Mr. Chairman, first of all, let me say that I have worked closely with Mr. Murphy as a member of the Committee on Agriculture, both in the House and Senate. I know him to be an outstanding public servant and an able administrator, and I am very happy that the President has asked you to take on this very responsible position and I know that you have a background and experience that will allow you to do a commendable job.

I would like to make one or two comments for your observation, as far as my own personal views are concerned with airline service. I would like to commend, first of all, for your attention, an article or a speech, rather, in the Congressional Record of March 25, 1965, by my senior colleague, Albert Gore, of Tennessee, dealing with airline service in Tennessee.

The speech is a result of a great deal of research done by Senator Gore through of course, the CAB and members of his staff in pointing out the decrease in the amount of service from the major cities in Tennessee to their major terminal points throughout the Nation.

We are a bit disturbed about the decrease in amount of service. I point out one particular schedule. From Nashville to Washington, D.C., on September 1, 1957, we had 63 flights originating per week from Nashville to Washington, D.C. As of February 1, 1965, we had only 41 flights a week from Nashville to Washington.

Of course, I realize that the type of aircraft used has improved the service greatly, the time traveled has been decreased quite a bit and the number of passengers per flight has been increased. But at the same time it has appeared to me that this type of reduction in most of our major cities in Tennessee is bringing about hardship on air travelers in our State.

52-323-65--3