In view of the subsequent request, we have not obtained advice from the Bureau of the Budget as to the relationship of these bills to the program of the President. Sincerely yours, CHARLES F. BRANNAN, Secretary. STATEMENT OF CHARLES E. BLAINE & SON, TRAFFIC MANAGERS, PHOEnix, Ariz. S. 1018 relates to recommendation No. 1 of the Interstate Commerce Commission, hereinafter termed "Commission," in its 1950 annual report, at page 128, in an effort to curb or present abuses on the part of the railroads in the acquision of equipment by lease and conditional sales, as outlined in said report commencing at page 38. The Commission reiterated the same recommendation in its 1951 annual report, at page 151, for which it should be commended. However, we are not informed if the present text of this bill has the full approval of the Commission. Therefore, we recommend that our principals support the views of the Commission regarding S. 1018. DOMESTIC LAND AND WATER TRANSPORTATION S. 2348, Amending ICC Procedure [S. 2348, 82d Cong., 2d sess., by Mr. Johnson of Colorado (by request)] A BILL To amend the procedure of the Interstate Commerce Commission Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 17 of the Interstate Commerce Act is amended (1) by striking out of the first sentence of paragraph (2) the words "three or more eligible" and inserting in lieu thereof the words "an employee or"; (2) by striking out the second sentence of paragraph (2); (3) by striking out paragraph (5); (4) by striking out of the first sentence of paragraph (6) the following: "or after an order recommended by an individual Commissioner or a board shall have become the order of the Commission as provided in paragraph (5),”; (5) by striking out the last sentence of paragraph (6); (6) by amending paragraph (8) to read as follows: “(8) The making of an application for rehearing, reargument, or reconsideration shall not excuse any person from complying with or obeying the decision, order, or requirement, or operate to stay or postpone the enforcement thereof, without the special order of the Commission." (7) By striking out the last three words of paragraph (9) and the comma immediately preceding such words. [S. 2348, 82d Cong., 2d sess.] AMENDMENTS (IN THE NATURE OF A SUBSTITUTE) Submitted April 1, 1952 Intended to be proposed by Mr. Johnson of Colorado (by request) to the bill (S. 2348) to amend the procedure of the Interstate Commerce Commission, viz: Strike out all after the enacting clause and insert in lieu thereof the following: That section 17 of the Interstate Commerce Act is amended— (1) by striking out of the first sentence of paragraph (2) the words "three or more eligible" and inserting in lieu thereof the words "an employee or"; (2) by striking out of the fifth sentence of paragraph (6) the words "of a decision, order, or requirement of the Commission or of a division”; (3) by striking out "a division," and the comma after "Commissioner" in paragraph (8), and by inserting at the end of such paragraph the following: "The Commission may, from time to time, make or amend general rules or orders governing the granting of such stay or postponement, pending rehearing, reargument, or reconsideration of a decision, order, or requirement by the Commission or a division."; and (4) by striking out "a division," and the comma after "Commissioner" in paragraph (9). 15 UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C., Monday, March 3, 1952. The committee met, pursuant to call, at 10 a. m. in the caucus room, Senate Office Building, Washington, D. C., Senator Edwin Johnson of Colorado (chairman) presiding. Present: Senators Johnson of Colorado, O'Conor, Tobey, Capehart, and Bricker. Also present: E. R. Jelsma, staff director of Subcommittee on Domestic Land and Water Transportation, and F. J. Keenan, assistant clerk of the committee. STATEMENT OF JACK GARRETT Scott, GENERAL COUNSEL, NATIONAL ASSOCIATION OF MOTOR BUS OPERATORS The CHAIRMAN. The next witness is Mr. Jack Garrett Scott, another witness from Colorado. This must be Colorado day. Mr. Scott, unless there is objection, your testimony here will be inserted in the record as is, and you may proceed to emphasize any part of your testimony that you think should be called to our attention. especially, but proceed in your own way. (Testimony was presented by this witness on the following bills: S. 2348, S. 2349, S. 2352, S. 2355, S. 2360, S. 2363, S. 2365, S. 2518.) Mr. SCOTT. Thank you very much, Mr. Chairman, and gentlemen of the committee. If you do not object I would prefer reading the statement. As you can tell, I am not in very good voice this morning, and I might have difficulty extemporizing. The CHAIRMAN. We want to help counsel out all we can. do it in your own way. You may Mr. SCOTT. Thank you. My name is Jack Garrett Scott. I am general counsel of the National Association of Motor Bus Operators, which is the national trade association of the intercity motorbus industry. This statement is made on behalf of that association and its members. A majority of the bills here under consideration would have no substantial effect upon our members or their operations, and consequently will not be discussed in this statement. Some of the others, such as S. 2348, are to be discussed by others at greater length than any presentation that I might make. I understand that the Association of Interstate Commerce Commission Practitioners has made a careful study of S. 2348 and will present its views in some detail to the committee. It will suffice, therefore, for me to say generally that we favor any reasonable change in the procedural provisions of the Interstate Commerce Act which will facilitate and speed up matters pending before the Commission, if such changes will not deprive motor carriers or other litigants before the Commission of any of their substantive rights as to fair hearings and full Commission and judicial review. STATEMENT OF EDGAR S. IDOL, GENERAL COUNSEL, AMERICAN TRUCKING ASSOCIATIONS, INC. The CHAIRMAN. Mr. Idol, your whole statement will be made a part of the record. You may emphasize what you regard as matters. which should be called to our attention if you wish to conserve time. Mr. IDOL. Thank you, sir. My name is Edgar S. Idol. I am general counsel of American Trucking Associations, Inc. Our offices are at 1424 Sixteenth Street NW., Washington 6, D. C. American Trucking Associations is a federation of State associations representing all types of motor carriers, both for-hire and private. We appeared before the subcommittee under S. Res. 50 and presented testimony at length on many of the subjects covered by the bills now being considered by this committee. I shall not burden the committee with a duplication of the testimony already presented. Where we fully covered the subject in former appearances, my statement is limited to a reference to the official record of the hearing. However, a number of the bills present questions which we have not heretofore treated, and I would like to present to the committee the position of the trucking industry on such issues. I understand that the committee wishes to have our testimony directed to particular bills, and my statement will therefore take up the following bills in order: S. 2348, S. 2349, S. 2355, S. 2357, S. 2360, S. 2362, S. 2518, and S. 2519. Mr. John V. Lawrence, managing director of the American Trucking Associations will follow me with like presentations on S. 2351, S. 2352, S. 2359, S. 2363, and S. 2365. We had not understood, Mr. Chairman, that this hearing was to give consideration to a number of bills introduced later. I think we should like to make representations on those also, possibly at the hearing tomorrow. The questions presented by all of these proposed bills, were considered at length by our executive committee, composed of representatives from each of the State associations and the 10 conferences of motor carriers, at meetings held in Washington February 13, and 14. The following statements are expressly directed and authorized by that committee. Mr. IDOL. Under section 205 (h) of part II of the Interstate Commerce Act, all provisions of section 17 of part I are applicable to motor carrier proceeding. The particular changes made in section 17 are clearly described in the explanatory statement released when this bill, S. 2348, was introduced. However, the ultimate objectives of the bill and the radical changes in procedure which it would accomplish, or at least make possible, are more far reaching than is indicated by the simple statement of the proposed changes. As we see it, the ultimate effects would be: 1. To remove all restrictions on the authority of the Commission to delegate its powers, in full, to any person it may select; 2. To eliminate the present right of any party to a proceeding to have the decisions of such delegates reviewed; and 3. To place on the Federal courts the burden of reviewing any initial decision which the Commission itself doer not choose to review. We have no doubt that one effect of the bill could be, and would be, to eliminate a great volume of work with which the Commission is UNITED STATES SENATE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C., Monday, March 3, 1952. The committee met, pursuant to call, at 10 a. m. in the caucus room, Senate Office Building, Washington, D. C., Senator Edwin Johnson of Colorado (chairman) presiding. Present: Senators Johnson of Colorado, O'Conor, Tobey, Capehart, and Bricker. Also present: E. R. Jelsma, staff director of Subcommittee on Domestic Land and Water Transportation, and F. J. Keenan, assistant clerk of the committee. STATEMENT OF JACK GARRETT SCOTT, GENERAL COUNSEL, NATIONAL ASSOCIATION OF MOTOR BUS OPERATORS The CHAIRMAN. The next witness is Mr. Jack Garrett Scott, another witness from Colorado. This must be Colorado day. Mr. Scott, unless there is objection, your testimony here will be inserted in the record as is, and you may proceed to emphasize any part of your testimony that you think should be called to our attention especially, but proceed in your own way. (Testimony was presented by this witness on the following bills: S. 2348, S. 2349, S. 2352, S. 2355, S. 2360, S. 2363, S. 2365, S. 2518.) Mr. SCOTT. Thank you very much, Mr. Chairman, and gentlemen of the committee. If you do not object I would prefer reading the statement. As you can tell, I am not in very good voice this morning, and I might have difficulty extemporizing. The CHAIRMAN. We want to help counsel out all we can. do it in your own way. You may Mr. SCOTT. Thank you. My name is Jack Garrett Scott. I am general counsel of the National Association of Motor Bus Operators, which is the national trade association of the intercity motorbus industry. This statement is made on behalf of that association and its members. A majority of the bills here under consideration would have no substantial effect upon our members or their operations, and consequently will not be discussed in this statement. Some of the others, such as S. 2348, are to be discussed by others at greater length than any presentation that I might make. I understand that the Association of Interstate Commerce Commission Practitioners has made a careful study of S. 2348 and will present its views in some detail to the committee. It will suffice, therefore, for me to say generally that we favor any reasonable change in the procedural provisions of the Interstate Commerce Act which will facilitate and speed up matters pending before the Commission, if such changes will not deprive motor carriers or other litigants before the Commission of any of their substantive rights as to fair hearings and full Commission and judicial review. |