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NOMINATION OF KENNETH H. TUGGLE, TO THE
INTERSTATE COMMERCE COMMISSION

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WEDNESDAY, JANUARY 26, 1955

UNITED STATES SENATE,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D. C.

The committee met at 10:30 a. m. in room G-16, United States Capitol, Senator John O. Pastore presiding.

Present: Senators Magnuson (chairman), Pastore (presiding), Smathers, Daniel, Bible, Thurmond, Bricker, Schoeppel, Butler, Potter, and Payne.

Senator PASTORE. Mr. Kenneth H. Tuggle of Kentucky.

Will you come forward, sir?

This is the appointment of Kenneth H. Tuggle, of Kentucky, to be a member of the Interstate Commerce Commission, for a 7-year term expiring December 31, 1961. It is a reappointment.

We have a biographical sketch on you, also, Mr. Tuggle. Is there anything that you desire to add to it?

STATEMENT OF KENNETH H. TUGGLE OF KENTUCKY

Mr. TUGGLE. No, sir. I am acquainted with it.

Senator PASTORE. Is it complete?

Mr. TUGGLE. Yes, sir.

Senator PASTORE. At this time it will be made part of the record. (The document is as follows:)

BIOGRAPHY OF KENNETH H. TUGGLE

Kenneth Herndon Tuggle took oath as an Interstate Commerce Commissioner September 8, 1953, to succeed Dr. Walter M. W. Splawn, for a term expiring December 31, 1954; nominated January 14, 1955, for full term.

Born Knox County, Ky., June 12, 1904, son of Jesse D. and Sue Gregory (Root) Tuggle. Collegiate work consisted of 3 years in the College of Arts and Science and 2 years in the College of Law at the University of Kentucky. Graduated 1926. Married Vivian Shifley 1938; children, Kenneth Jesse Tuggle and Sarah Baldwin Tuggle.

Admitted to practice of law by Kentucky Court of Appeals September 24, 1926, and to practice in Federal courts December 6, 1927. Engaged in the practice of law in Kentucky until becoming a member of the Interstate Commerce Com

mission.

In 1934 organized Union National Bank of Barbourville and was chairman of its board until 1953; served as director of local enterprises engaged in manufacturing, merchandising, and lumber and natural gas production.

Since 1936 has been a member of the board of trustees of Union College of Barbourville, Ky., an institution related to the Methodist Church, and served upon such public commissions as chairman of the Kentucky Legislative Council, Chairan Kentucky Committee on Interstate Cooperation, chairman of the Kentucky Disabled ex-Service Men's Board; member Kentucky Committee on Resources

and Functions of State Government, Kentucky TB Sanatoria Commission, Kentucky Bookmobile_Project, Board of Managers Council of State Governments, Jurisprudence Committee of Kentucky Bankers' Association, and Kentucky Chamber of Commerce.

From 1943 to 1947 was lieutenant governor of Kentucky, serving as acting governor of Kentucky for about 3 months of the term; president of Kentucky State Senate 1944 and 1946; and as special judge by designation of the Kentucky Court of Appeals on various occasions.

Member of American (administrative law section), Kentucky, and Knox County Bar Associations; American Society of Traffic and Transportation; American Judicature Society, Masons, Elks, Pi Kappa Alpha, and Omicron Delta Kappa. Legal residence: 209 South Main Street, Barbourville, Ky.

Senator PASTORE. Mr. Bible, have you any questions?
Senator BIBLE. I have no questions, Mr. Chairman.

Senator PASTORE. Mr. Potter?

Senator POTTER. This is to confirm your second term, is it? Mr. TUGGLE. I went on the Commission in September 1953 to fill an unexpired term.

Senator POTTER. This is an interim appointment?

Mr. TUGGLE. No, I was confirmed by this committee.
Senator POTTER. I have no further questions.

Senator PASTORE. Mr. Payne?

Senator PAYNE. I have no questions, Mr. Chairman.

Senator PASTORE. Mr. Bricker?

This is an appointment of Mr.

Have

Kenneth H. Tuggle to the Interstate Commerce Commission.

you any questions of Mr. Tuggle?

Senator BRICKER. It is a reappointment?

Senator PASTORE. It is a reappointment, and there has been no objection.

Senator BRICKER. I have no questions.

Senator PASTORE. Mr. Magnuson, this is the appointment of Mr. Kenneth H. Tuggle of Kentucky to be a member of the Interstate Commerce Commission. It is a reappointment and no objection has been expressed by anyone.

The CHAIRMAN. I have no questions.

Senator PASTORE. That is all, Mr. Tuggle.

Thank you very, very much.

(Thereupon, the committee proceeded to the consideration of other

business.)

NOMINATION OF EVERETT HUTCHINSON, TO THE
INTERSTATE COMMERCE COMMISSION

T

WEDNESDAY, JANUARY 26, 1955

UNITED STATES SENATE,
COMMITTEE ON INTERSTATE
AND FOREIGN COMMERCE,

Washington, D. C.;

The committee met at 10:30 a. m. in room G-16, United States Capitol, Senator John O. Pastore, presiding.

Present: Senators Magnuson (chairman), Pastore (presiding), Smathers, Daniel, Bible, Thurmond, Bricker, Schoeppel, Butler, Potter, and Payne.

Senator PASTORE. There is one remaining nomination, Mr. Hutchin son, of Texas to be a member of the Interstate Commerce Commission for the remainder of the term expiring December 31, 1958, vice Charles D. Mehaffie.

Senator DANIEL. Mr. Chairman, if I may have the pleasure of introducing Mr. Hutchinson to the committee, I would appreciate it, Texas is finally being recognized, it seems, today.

I introduce to you a Texas Democrat, Mr. Everett Hutchinson, who served with me for 3 years as assistant attorney general of Texas, who served as attorney for the Texas Railroad Association, later represented truckers, shippers. I think that as an attorney he has represented nearly every branch of the transportation industry and was endorsed by all of them for this place on the Interstate Commerce Commission. In addition to that, in the attorney general's office he represented the State and the people in our lawsuits regulating these various industries.

I think the kindest thing, the best recommendation of him is the fact that all of these branches of the industry recommended him for this appointment and I might add that our railroad brotherhoods also recommended him to the President as a man who they thought would be fair in dealings with both industry and labor on the Interstate Commerce Commission, I commend him to your favorable consideration.

Senator PASTORE. Are there any questions?

Senator BRICKER. Without passing on the merit of Texas as compared with the United States I would like to say that he has a tremendous responsibility because I think he is succeeding one of the ablest men that ever served on the Interstate Commerce Commission. Mr. Mahaffie had been there for many years. I knew him first when he was head of the finance section. We tried cases there in the old days before him. He has been a real tower of strength down there in behalf of the regulatory system, not favoring one phase of regulation or one phase of transportation as against another.

I just want to emphasize the fact that in succeeding him you do assume a very heavy responsibility. There has been a great deal of criticism of the Interstate Commerce Commission because of the slowness of action. If anybody can speed it up down there to meet the problems which sometimes lay with that Commission so long that they are settled by the matter of passing time rather than by judgment, I think it will be a fine thing for the transportation industry of our country.

Senator DANIEL. May I add one further word, Mr. Chairman? Mr. Hutchinson did not seek this place, had no idea that he was being considered by anyone for the place. When I heard that there might be a desire for a younger man to succeed someone who was going to retire and a need for someone who bad had real experience in the matter, in the business of transportation law, I suggested the name of Mr. Hutchinson and have advocated his appointment now for more than a year. So it is not the case of a man having sought the appointment but the appointment having sought him, and we determined that he would be willing to accept it.

Senator BRICKER. The record here shows that he is eminently qualified for this responsibility, particularly because of his work in the attorney general's office. I happen to know what that is in the representation of the local commission before the courts and local boards.

STATEMENT OF EVERETT HUTCHINSON, OF TEXAS

Senator PASTORE. Mr. Hutchinson, are you familiar with the biographical sketch before us?

Mr. HUTCHINSON. I am.

Senator PASTORE. Do you desire to add anything to it?

Mr. HUTCHINSON. No, sir.

Senator PASTORE. This sketch will become part of the record at this point.

(The document is as follows:)

BIOGRAPHICAL DATA ON EVERETT HUTCHINSON, ATTORNEY AT LAW,

AUSTIN, TEX.

Born: Hempstead, Tex., January 2, 1915.

Education: B. B. A., LL. B., the University of Texas honors: Friars Society; Who's Who Among Students; Interfraternity Council, Goodfellows, Outstanding Students.

Bar associations: State Bar of Texas, member, committee on administrative law; American Bar Association, member, administrative law section; Travis County Bar; Barristers.

Admitted: Supereme Court of United States; Interstate Commerce Commission. Member: Texas Legislature, 2 terms.

Legal experience: Private practice, Hempstead, Tex., 21⁄2 years; investment counsel, Texas permanent school fund; attorney, Texas Railroad Association, 3 years; assistant attorney general of Texas, 3 years, handling oil and gas and transportation litigation; executive assistant attorney general (also legislative assistant); resigned December 31, 1951, to manage State campaign for Senator Price Daniel; now in private practice, Austin, Tex.; member, administrative law panel, Southwestern Legal Center, Dallas, April 1951.

Military: Lieutenant Commander, United States Naval Reserve; 31⁄2 years active duty, World War II (22 months in South Pacific); 1 year as legal officer; member, volunteer law unit 8-3, Austin, Tex., since June 2, 1948 (commanding officer from latter date to March 31, 1952).

Organizations: American Legion; Veterans of Foreign Wars; Young Men's Business League; Longhorn Club; University of Texas Ex-students Association (president, Austin Exes, 1950-51).

Church: Good Shepherd Episcopal, Austin, Tex.

Family: Married former Elizabeth Stafford, Palestine, Tex.; 2 children, Stafford 9, Ann 7.

Senator PASTORE. Any questions?

Senator MAGNUSON?

The CHAIRMAN. Mr. Hutchinson, with your legal background I suppose you, too, are familiar with the fact that the Interstate Commerce Commission was created by basic law years ago to be again an arm of Congress?

Mr. HUTCHINSON. Yes, sir.

The CHAIRMAN. And that it should act in cohesion and cooperation with Congress?

Mr. HUTCHINSON. Yes, sir.

The CHAIRMAN. And not as a wholly complete independent agency though we want you to be independent in your viewpoint. I think what Senator Bricker said about Mr. Mahaffie, one of the reasons for his great respect was his long years of cooperation with Members of the Congress in the various problems down there, and as a result he got many things done that were to the good of the Nation and to the good of the transportation system.

I do hope that you will feel free at any time to discuss those problems with members of this committee, particularly those of the Subcommittee on Surface Transportation.

Mr. HUTCHINSON. I certainly will. I want to be helpful to the committee.

The CHAIRMAN. There has been too much, I think, in the years I have been here-and I think every member of the committee will agree with me-of a weaning away of these agencies that were created as arms of Congress, who get down there in their own little ivory tower and make decisions or do not make decisions without having any knowledge at all of the general feeling throughout the Congress itself on the problems of the people in transportation. I know that from your legal background you probably understand that well. Mr. HUTCHINSON. I think I do, sir.

The CHAIRMAN. It is awfully easy to fall into that error, because you have your problems and lots of work. I would not want to show vou, which I have, a backlog of the cases in the Interstate Commerce Commission. I am afraid you would decline the job. Some of them go back years. I think a man of your age and apparent energy and background can do a lot to be a pike in a carp pond down there and get things done.

Mr. HUTCHINSON. Senator, hard work will be my guide while I am on the Commission.

Senator PASTORE. Mr. Bricker?

Senator BRICKER. I have no questions.

Senator SMATHERS. I would like to emphasize, if I may, what Senator Magnuson said about the long delays which have long existed in the activities of the Interstate Commerce Commission. I know of several reorganizations which have been pending down there for many, many years. Obviously there is a need in this particular Commission for some action on the part of, we will say, a young fellow like yourself to see if they cannot streamline their operations

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