AGENCY HEARINGS TUESDAY, FEBRUARY 26, 1957 HOUSE OF REPRESENTATIVES, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The committee met at 10 a. m., in room 1334, New House Office Building, Hon. Oren Harris (chairman) presiding. The CHAIRMAN. Let the committee come to order. We are very glad to welcome to the committee today members of the Interstate Commerce Commission, which is the fourth in a series of the usual examinations and reports we receive of the work of the various agencies coming under the jurisdiction of this committee. I am glad to note that so many members of the Commission are present today and to tell you how pleased we are that you are able to come; and I note also that you have many of your associates with you. Inasmuch as the Interstate Commerce Commission is one of the so often referred to "independent agencies," which are considered to be and essentially act as arms of the Congress in their administration of the congressional powers which have been delegated to them, we feel therefore quite closely associated with this Commission. The powers delegated to such agencies are very broad-and understandably so- and statutory standards to circumscribe and guide them in the exercise of these powers necessarily are very general. Under these circumstances it is most important for the Congress regularly to review the work of these agencies, and to consider the problems which they encounter in administering these powers. In fact, it is a requirement of the organization act of 1946 for this committee is a standing legislative committee, and having jurisdiction over the Interstate Commerce Commission, to keep watch over its administration of the laws. The Interstate Commerce Commission has been requested, as we are requesting other agencies, to brief us today, on its jurisdiction, its organization, and then some of its current problems. In addition, I have asked the Commission to review with us some of the fundamental issues and policies underlying the legislation which it administers, and indicate any recommendations it has for legislative changes. Many of us have received the annual report, of course, and we know therefore what is included in the report and it will not be necessary to go into those matters in detail today. It has been a good many years since the passage of these statutes, so that it is appropriate to review them in the light of the accumulated experience of these years and to note the changes which time may 1 have shown should be made, or new legislation required, all from the point of view of most fully and efficiently meeting the public interest. So, under the limited time which we have for this overall examination of each agency, I trust that we may keep the presentation, and I must emphasize also the questioning of my colleagues, on general considerations of major matters rather than to engage in the pinpointing of this or that, or delve into the intricacies of an individual case. Another purpose of these meetings is to better acquaint the new members of the committee with problems and responsibilities of the various agencies and also for us, the older members of the committee, to review them. We regret that 3 or 4 of our new members could not be with us this morning, but some are out of town; some are sick and for various reasons cannot be here. I am glad, however, to see so many of our newer members present and that they will therefore be able to get a better viewpoint of the problems that will be faced with legislativewise later on in the year. STATEMENT OF OWEN CLARKE, CHAIRMAN, INTERSTATE COMMERCE COMMISSION, WASHINGTON, D. C. The CHAIRMAN. Mr. Owen Clarke, Chairman of the Interstate Commerce Commission will be our first witness. He is the most recently designated or elected Chairman of the Commission. And, I suppose he is one of the youngest members, from both the standpoint of service and age. That, of course, is quite commendable. Mr. Clarke, we are very glad to have you and other members of the Commission present, as well as others who are here with you for this brief session this morning. We would be glad to have you proceed now with your presentation, that is, of course, first introducing the members of the Commission and staff, or those that are with you that you want to present for the record, and then make your statement in such way as is deemed best and appropriate for the purpose. Commissioner CLARKE. Thank you, Mr. Chairman, and members of the committee. My name is Owen Clarke. I am the present Chairman of the Interstate Commerce Commission. I have served as a member of the Commission for slightly over 32 years. My legal residence is in the State of Washington. With your consent, Mr. Chairman, I would like to present the present members of the Interstate Commerce Commission. Brief biographical sketches of each member have been filed with the clerk for distribution to the committee for its information. The CHAIRMAN. Will you permit an interruption, Mr. Clarke? The CHAIRMAN. I believe that we will, without objection, include these individual biographies in the record, for the information of the members of the committee and of Congress. Commissioner CLARKE. Thank you. (Commissioner Clarke's biography is as follows:) BIOGRAPHY OF OWEN CLARKE, INTERSTATE COMMERCE COMMISSIONER Owen Clarke was appointed to be a member of the Interstate Commerce Commission by President Eisenhower and took his oath of office July 10, 1953, for a term expiring December 31, 1959. He was elected by the Commission to serve as chairman for a 1-year term beginning January 1, 1957. Commissioner Clarke was born at St. Maries, Idaho, October 22, 1913, the son of Dr. William F. and Sarah Jane (Davies) Clarke, and received his early education in the public schools at Yakima, Wash. He attended Yakima Valley Junior College and received his bachelor of laws degree from the University of Washington, in 1936. He then practiced law at Yakima until 1941, when he became deputy prosecuting attorney for Yakima County. Commissioner Clarke was a Naval Reserve officer during World War II, serving aboard an aircraft carrier in the Asiatic-Pacific theater from 1943 to January 1946. From 1946 to 1948, he served as prosecuting attorney, Yakima County, and in 1949 became chairman of the Washington Public Service Commission and a member of the Washington Toll Bridge Authority. In 1951, he also served as chairman of the Mountain and Pacific States Conference of Public Service Commissioners, an organization which embraces the 11 Western States. From 1951 until his ICC appointment, Mr. Clarke was a member of the law firm of Brown, Olson & Clarke at Yakima. In addition to his duties as Commissioner, Mr. Clarke served as Defense Transport Administrator from May 1954, to July 1955, when the agency was abolished and its functions delegated to the Commission. The DTA became the Transport Mobilization Staff and the Commission delegated its functions to Commissioner Clarke as the Commissioner responsible for supervision of the Bureau of Safety and Service. In February 1954, he served as a Government delegate to the Inland Transport Committee of the International Labor Organization at Geneva, Switzerland. The Commissioner has been admitted to practice before the United States Supreme Court, and is a member of Delta Theta Phi, legal fraternity; Phi Gamma Delta, social fraternity; American Legion; Veterans of Foreign Wars; Elks; Seattle Transportation Club; Pacific Northwest Trade Association; Yakima Chamber of Commerce; Yakima County Bar Association; Washington State Bar Association; American Bar Association; and past president of the Kiwanis Club. He is married to the former Ruth A. Moreland, of Seattle. They have a son, Owen F. Clarke, Jr., age 17. The family resides at 5621 Wood Way Circle, Washington 16, D. C. Commissioner CLARKE. Commissioner Richard F. Mitchell, from the State of Iowa, our senior member who has served about 10 years, regrets his inability to be present, today. The CHAIRMAN. Will you express to him our regrets that he cannot be with us, and also our congratulations on his confirmation by the Senate for another term. Commissioner CLARKE. Thank you, I certainly will. (Mr. Mitchell's biography is as follows:) BIOGRAPHY OF RICHARD F. MITCHELL, INTERSTATE COMMERCE COMMISSIONER Richard F. Mitchell was first appointed to the Interstate Commerce Commission by President Truman in 1947 to fill a vacancy and was reappointed in 1950 for a 7-year term expiring December 31, 1956. He was again reappointed in 1957 for a term expiring December 31, 1963. Commissioner Mitchell served as Chairman from July 1, 1954 to June 30, 1955. Born in Fort Dodge, Iowa, October 11, 1889, he graduated from Fort Dodge High School, received his B. A. degree from the University of Iowa in 1912, and his LL. B. degree from the same school in 1913. He practiced law in Fort Dodge from 1915 to 1917, when he enlisted in the Army as a private. In February, 1918, he was commissioned a second lieutenant at Atlanta, Ga., and served overseas with the AEF for 11 months. After receiving his discharge from the Army in May, 1919, he returned to the practice of law in Fort Dodge. He was elected to the supreme court of Iowa in November, 1932, and was reelected in 1936 to a 6-year term, serving until January 1, 1943. He served as chief justice of the court for 2 years. On leaving the Iowa supreme court bench, he returned to the practice of law in Fort Dodge until January 1947, when President Truman appointed him to be a member of the Commission. In 1928, Commissioner Mitchell served as chairman of the Democratic Party in Iowa and later was Democratic National Committeeman from Iowa. He also served on various national mediation boards following appointments by both President Roosevelt and President Truman under the Railway Labor Act. The Commissioner married Miriam R. Reynolds in October 1936, and has two daughters-Marcia Miriam and Katherine Victoria. He resides at 4005 Oliver Street, Chevy Chase, Md., but manitains his legal residence in Fort Dodge. Commissioner CLARKE. Commissioner Anthony F. Arpaia, the immediate past chairman, from the State of Connecticut, has served about 412 years. (Commissioner Arpaia's biography is as follows:) BIOGRAPHY OF ANTHONY F. ARPAIA, INTERSTATE COMMERCE COMMISSIONER Anthony F. Arpaia was appointed to the Interstate Commerce Commission in July 1952, to succeed Commissioner John L. Rogers, who retired. He took his oath of office July 11, 1952, for a term which expires December 31, 1957. He served on every division of the Commission and was Chairman of the Commission from January 1, 1956, to December 31, 1956. He was born in New Haven, Conn., December 17, 1897, the son of Vincent and Carolina (de Rubbe) Arpaia, and received his early education at Hillhouse High School, New Haven. He graduated from Yale College with a bachelor of arts degree in 1921 and received his bachelor of laws degree from Yale Law School in 1923. While at Yale he was editor and managing editor of the Yale Law Journal and was a member of the Book and Gavel Legal Society, Phi Alpha Delta, and the student council. Mr. Arpaia was admitted to the Connecticut bar in 1923 and the New York bar in 1924. He engaged in the practice of corporate, finance, and publicutility law from 1923 to 1925 with the New York firm of Chadbourne, Hunt, Jaeckel & Brown. In 1925 he went to Berlin, Germany, as American attorney in charge for the firm of Wirth & Picard and engaged in the practice of private international law representing American interests in central and eastern Europe. He then returned to New Haven in 1927 and engaged in the general practice of law there until 1942. From 1931 to 1933 he also served as judge of the town court of East Haven, Conn. In 1942 Mr. Arpaia was appointed director of the New Haven defense rental area for the Office of Price Administration and in 1943 he became chief attorney for OPA in Connecticut. Shortly thereafter he was appointed State director of the Connecticut OPA, serving in that post from 1943 to February 1, 1945. Mr. Arpaia then became vice president and general counsel of the Adley Express Co., New Haven, and remained with that firm until 1951, when he resigned to return to the private practice of corporate, estate planning, and tax law in New Haven. His appointment to the Commission was made the following year. He has been extremely active for many years in civic affairs in his native State, where he served as a member of the advisory draft board during World War II and as a member of the Governor's Reconversion Council from 1944 to 1946. He served as chairman of the Regional Planning Authority for South Central Connecticut from 1948 to 1951 and as president of the Connecticut Federation of Planning and Zoning Agencies from 1950 to 1952. He also was a director of the New Haven Chamber of Commerce from 1946 to 1952 and vice chairman of the New Haven Charter Revision Committee from 1948 to 1950. Among other past civic activities, he was vice president and director, New Haven Taxpayers Research Council; director, Yale Club of New Haven; chairman, TB Christmas Seal Sale Committee of New Haven, and member of the executive committee of the New Haven TB and Health Association; past commander, American Legion, New Haven Post No. 47; director, Rotary Club of New Haven; director, Boys' Village, Inc.; vice president, board of governors, New Haven junior police; chairman, Metropolitan Advisory Committee of New Haven; chairman, New Haven Committee on Traffic and Parking; and chairman, Yale Law Library Patrons Committee. The Commissioner also served as a sponsor of the United Fund of Greater New Haven, Inc., member of the New Haven Red Cross Disaster Relief Committee; New Haven Community Chest; New Haven Civil Defense Council; Arbitration Panel of American Arbitration Association; Yale Two-Way Exchange Fellowship Committee: and the American Judicature Society. He is a member of the American, the Connecticut, and the New Haven County bar associations; the Association of ICC Practitioners; the Amity Club of New Haven; and is an honorary member of the New Haven Rotary Club. He is a Democrat. The Commissioner is married and has one daughter. The family resides at 2800 Quebec Street N. W., Washington, D. C. Commissioner CLARKE. Commissioner Howard G. Freas, Chairman of Division 2, from the State of California, has served about 31⁄2 years. (Commissioner Freas' biography is as follows:) BIOGRAPHY OF HOWARD G. FREAS, INTERSTATE COMMERCE COMMISSIONER Howard G. Freas was appointed to the Interstate Commerce Commission to succeed William E. Lee upon the latter's retirement in 1953. He took the oath of office August 18, 1953, for a term expiring December 31, 1959. Born in Fogelsville, Pa., July 13, 1900, he graduated from the Allentown Business College in 1916 and from Mercersburg Academy in 1921. He attended the University of Nevada in 1921-22, and the University of California in 1922, and studied law at LaSalle University in 1934–36. Prior to his ICC appointment, the Commissioner had 36 years of transportation experience, including 25 years with the California Public Utilities Commis sion as an assistant rate expert until 1935 and thereafter as a rate expert and examiner. He also was in charge of the California commission's rate section of 52 employees. He previously had been connected with railroads in Pennsylvania and California for 6 years, and was assistant traffic manager of a California industrial concern for 3 years. During his years with the California commission, Mr. Freas held numerous other posts in the transportation field. He is a former president of the Association of Interstate Commerce Commission Practitioners. He also was secretary to the Mountain-Pacific States Conference of Public Service Commissions from its inception in 1942 until his appointment to the ICC. He served as chairman of the Tariff Simplification Committee of the National Association of Railroad and Utilities Commissioners; taught courses in land and air transportation at Stanford University from 1942 to 1945, and served as a consultant to the Unied States Maritime Commission and advisor to the LaSalle Extension University. Mr. Freas is a Scottish Rite Mason, a member of the California Farm Bureau Federation, and the Los Angeles Transportation Club, and has been a director of Greenwood Printers, Ltd., Oakland, Calif., since 1944. He was married July 3, 1924, to Adelaide Trygstad and has three childrenAnn, Joan, and William. He lives at 8 Kentbury Way, Bethesda, Md. The Commissioner is a Republican. Commissioner CLARKE. Commissioner Kenneth H. Tuggle, Chairman of Division 3, from the State of Kentucky, has served about 31/2 years. (Commissioner Tuggle's biography is as follows:) BIOGRAPHY OF KENNETH HERNDON TUGGLE, INTERSTATE COMMERCE COMMISSIONER Kenneth Herndon Tuggle took the oath of office as an Interstate Commerce Commissioner September 8, 1953, to succeed Dr. Walter M. W. Splawn for a term expiring December 31, 1954. He was reappointed for a term expiring December 31, 1961, and took the oath of office February 1, 1955. |