F. T. Heffelfinger: President and director, F. H. Peavey & Co., Minneapolis, Minn.; Northwestern National Bank & Trust Co. of Minneapolis, director; Farmers & Mechanics Savings Bank, director; Northwestern National Life Insurance Co., director; American Arch Co., director; Lima Locomotive Works, director; Minneapolis, St. Paul & Sault Ste. Marie Railway Co., director. J. S. Pillsbury (alternate to F. T. Heffelfinger): Cochairman of board of directors, Pilsbury Flour Mills, Inc.; Northwestern National Bank & Trust Co., Minnesota, director; Northwest Bancorporation, director; Wayne Knitting Mills, director; Munsingerwear, Inc., director; Minneapolis, St. Paul & Sault Ste. Marie Railway, director; Vassar Co., Chicago, Ill., director; Wisconsin Rail Road, Minneapolis, director. C. Jared Ingersoll: Girard Trust Co., manager; Western Saving Fund Society of Philadelphia, manager; Mutual Assurance Co., director; Chairman of board and director, Midland Valley Railroad; Kansas, Oklahoma & Gulf Railroad, chairman of board and director; Oklahoma City-Ada-Atoka Railway, chairman of board and director; Muskogee Co., president and director; Philadelphia & Western Railway, director; Garland Coal & Mining Co., president and director; Pennsylvania Co., director; Pittsburgh, Cincinnati, Chicago & St. Louis Railroad, director; Pennsylvania Railroad, director; Sebastian County Coal & Mining Co., president and director; New Almaden Corp., director. John H. W. Ingersoll (alternate to C. Jared Ingersoll): Central-Penn National Bank, director; Midland Valley Railroad, vice president and treasurer; North Pennsylvania Railroad, director; Oklahoma City-Ada-Otoka Railway, vice president, treasurer and director; Muskogee Co., vice president, treasurer and director; Kansas, Oklahoma & Gulf Railway, treasurer and director; Sebastian County Coal & Mining Co., vice president and director. B. F. Kauffman: President and director, Bankers Trust Co., Des Moines, Iowa; Equitable Life Insurance Co. of Iowa, director; Northwestern Bell Telephone Co., director; Bankers Building Corp., Des Moines, president and director; F. W. Fitch Co., director; Chicago & North Western Railway, director; Chicago, St. Paul, Minneapolis & Omaha Railway, director. William De Forest Manice: With Manice & Rives, 20 Exchange Place, New York City; Federal Seaboard Terra Cotta Corp., director; Federal Terra Cotta Co., secretary and director; Laredef Holding Corp., secretary and director; Phelps Dodge Corp., member executive committee and director; Southern Pacific Co., director. E. E. Pierce: Chicago Board of Trade, member; Winnipeg Grain Exchange, member; Toronto Stock Exchange, member; Boston Stock Exchange, member; Chicago Mercantile Exchange, member; Commodity Exchange, Inc., member; New York Cotton Exchange, member; Canadian Commodity Exchange, Inc., member; New York Curb Exchange, member; Dictaphone Corp., director; Sperry Corp., director; Ford Instrument Co., director; Sperry Gyroscope Co., Inc., director; Waterbury Tool Co., director; Sperry Securities Corp., director; Wickers, Inc., director; Chicago, Milwaukee, St. Paul & Pacific Railroad, director. J. S. Pyeatt: Chairman of board and director, Missouri Pacific Ry.; Rio Grande Junction Railroad, president and director; Denver & Salt Lake Western Railroad, president and director; Denver & Rio Grande Western Railroad, president and director; North Kansas City Bridge & Railroad Co., president and director; North Kansas City Development Co., president and director. Francis F. Randolph: Partner in the banking firm of J. & W. Seligman & Co., 65 Broadway, New York City; Investment Bankers Association of America, member investment commission; Chase National Bank of New York, Produce Exchange Branch, member advisory committee; Tri-Continental Corp., chairman of board, president, member executive committee, and director; The Broad Street Investing Co., Inc., chairman of board, president, member executive committee, and director; Selected Industries, Inc., chairman of board, president, chairman executive committee, and director; Union Securities Corp., chairman of board, president, member executive committee, and director; National Investors Corp., chairman of board, president, member executive committee, and director; General Shareholdings Corp., chairman of board, president, member executive committee, and director; American Home Fire Assurance Co., chairman of board, chairman finance committee, member executive committee, and director; American Re-Insurance Co., member executive committee, and director; Capital Administration Co., Ltd., chairman of board, president, member executive committee, and director; Insurance Co. of State of Pennsylvania, chairman executive committee, and director; Globe & Rutgers Fire Insurance Co., chairman of board, chairman executive committee, and director; New Palisades Corp., president and director; Union Corp. (Pennsylvania), chairman of board, president, and director; Park Properties Corp., director; General Properties Corp., director; Newport News Shipbuilding & Dry Dock Co., chairman finance committee, member executive committee, and director; Aztec Land & Cattle Co., Ltd., member executive committee and director; Missouri-Kansas-Texas Railroad, member executive committee and director. Willis D. Wood (alternate to Francis G. Randolph): Limited partner, Wood Walter & Co., 63 Wall Street, New York City; New York Stock Exchange, member; Title Guarantee & Trust Co., trustee; Corn Products Refining Co., director; Fidelity & Casualty Co., director; Fidelity-Phenix Fire Insurance Co., director; Cassidy Co., Inc., director; Missouri-Kansas-Texas Railroad, director; New York City Omnibus Corp., director; Western Pacific Railroad, director. E. D. Schuggs: Care office of treasurer, Metropolitan Life Insurance Co.; New York, N. Y., representing the Spokane International Railroad. A. Perry Osborn: Western Pacific Railroad Co., director; Denver & Rio Grande Western Railroad, director; Denver & Sault Lake Western Railorad, director; Rio Grande Junction Railway, director. O. M. Stevens (alternate to A. Perry Osborn): President and general manager, American Refrigerator Transit Co., Mo.; Pacific Building, St. Louis, Mo.; Denver & Rio Grande Western Railroad, director; Denver, Salt Lake & Western Railway, director. Silas H. Strawn: Senior member, Winston Strawn & Shaw, 38 South Dearborn Street, Chicago, Ill.; Montgomery Ward & Co., Inc., chairman executive committee, and director; First National Bank of Chicago, member executive committee and director; Alton Railroad, general solicitor and director. Edward F. Swinney: Chairman of board, First National Bank, Kansas City, Mo.; Loose-Wiles Biscuit Co., vice president and director; Kansas City Terminal Railway, treasurer; Kansas City Southern Railway, director; Kansas City Stock Yards Co., director; Louisiana & Missouri River Railroad, director; Southwestern Bell Telephone Co., director. Sir William Wiseman (alternate to E. F. Swinney): Partner, Kuhn, Loeb & Co.; trust officer, Chicago Title & Trust Co., Chicago, Ill.; Chicago Mail Order Co., member executive committee, and director. A. E. STALEY MANUFACTURING CO. CORN AND SOYBEAN PRODUCTS DECATUR, ILL., Hon. EVAN HOWELL, Member of Congress, Washington, D. C. MY DEAR EVAN: You will probably readily recall that last year, after a conference with our own Congressman, Mr. R. C. McMillen, you introduced me to the Bulwinkle committee, of which you were a member. I note from the press reports this morning that the Senate passed the bill yesterday by a substantial majority. It is hoped that the House will take like action prior to adjournment. You are familiar with what I said at the hearing before the Bulwinkle committee and, in introducing me, I understood you to say that you favored passage of the bill. We, as a substantial shipper in this area, feel that its passage is quite essential and I am wondering if you would introduce into the record the statement which I made before the Bulwinkle committee last year. With kindest regards, remain Yours sincerely, A. E. STALEY MANUFACTURING CO., STATEMENT OF RALPH H. TAYLOR, EXECUTIVE SECRETARY, AGRICULTURE COUNCIL OF CALIFORNIA My name is Ralph H. Taylor, and I am executive secretary of the Agricultural Council of California. This council is made up of 35 organizations, the names and addresses of which I have attached to this statement as exhibit A. These organizations represent some 70,000 farmers of the State of California doing an annual business of $450,000,000. We forward from the State approximately 125,000 cars per year. Speaking on behalf of all of these organizations I would like to urge upon this committee the approval of S. 110, better known as the Reed-Bulwinkle bill. For over 50 years the railroads of this country have been under the control of the Interstate Commerce Act and under the jurisdiction of the Interstate Commerce Commission. This act has been amended and strengthened from time to time giving increased powers to the Interstate Commerce Commission and at the present time the railroads are subject to the control by the Commission with respect to freight rates, fares and other charges, the maintenance of good service, the interchange of cars, and all other matters pertinent to the efficient operation of the railroads for the mutual benefit of both the shippers and the railroads themselves. It has been the practice of these railroads for many years to give to shippers advance notice of any proposed change in rates, train schedules, and other practices looking toward the continuance of such efficient operation. This practice permits all interested parties to express their views with respect to the proposed changes and has worked out well in actual practice and has been approved by the Interstate Commerce Commission and practically all of the shippers and shipping organizations in the United States. A careful study of the Reed-Bulwinkel bill and the probable results thereof convinces our organizations that it is in the interests of the public to grant the carriers the relief sought by S. 110. Our experience has demonstrated that it is necessary that the carriers enter into agreements covering such rates, fares, regulations, and practices as may be to the mutual benefit of the carriers and the shipping public. As a matter of fact, we know of no other manner of fixing such matters without creating discrimination than granting authority to the Interstate Commerce Commission to approve or deny applications for such agreements, in accordance with the national transportation policy of Congress. We feel that such authority affords the shipping public ample protection against abuse and will be beneficial to all shippers and receivers of freight. One other point is worthy of emphasis in connection with this bill. One of the gravest problems that industry, including agriculture, has faced in recent years has been the conflicting instructions handed down by Government agencies, together with prosecution by one Government agency because of following instructions given by another. No business can long operate successfully under such conditions. As the users of the railroads' facilities and demanding of these railroads efficiency and economy in service, we are convinced that if the Interstate Commerce Commission is to continue to regulate the railroads as we believe it should then responsibility for this regulation should rest solely with that agency and no one should thereafter be prosecuted for operations performed under instruction from or authority granted by said Commission. We respectfully request, therefore, that your committee recommend the enactment of S. 110. Respectfully submitted. RALPH H. TAYLOR. EXHIBIT A Honorary president: C. C. Teague, Santa Paula; president: A. J. McFadden, Santa Ana; vice president: John Lawler, San Francisco Ralph H. Taylor, executive secretary Thomas F. Knight, Jr., assistant executive secretary Executive committee: C. C. Teague, Santa Paula; A. J. McFadden, Santa Ana; A. E. Swanson, Fresno; James A. Irving, Placerville; D. R. Bailey, Sacramento; John Lawler, San Francisco; E. H. Haack, San Francisco; Frank M. Shay, San Jose; Č. W. Hibbert, Los Angeles; Philip N. Mark, San Francisco; Howard Vaughn, Dixon AGRICULTURAL COUNCIL OF CALIFORNIA Representing 70,000 farmers doing annual business of $450,000,000 SACRAMENTO 14, CALIF. Calavo Growers of California, Los Angeles, Calif. California Fruit Exchange, Sacramento, Calif. California Fruit Growers Exchange, Los Angeles, Calif. California Planting Cotton Seed Distributors, Bakersfield, Calif. California Prune and Apricot Growers Association, San Jose, Calif. California Walnut Growers Association, Los Angeles, Calif. Central California Berry Growers Association, San Francisco, Calif. Consolidated Milk Producers for San Francisco, San Francisco, Calif. Farmers Cooperative Exchange, Inc., Santa Cruz, Calif. Milk Producers Association of San Diego County, San Diego, Calif. Poultrymen's Cooperative Association, of Southern California, Los Angeles, Calif. Poultry Producers of Central California, San Francisco, Calif. Rice Growers Association of California, Sacramento, Calif. San Diego Co-operative Poultry Association, San Diego, Calif. San Joaquin Valley Poultry Producers Association, Porterville, Calif. Sebastopol Apple Growers' Union, Sebastopol, Calif. Sun-Maid Raisin Growers of California, Fresno, Calif. United Date Growers of California, Coachella, Calif. STATEMENT BY LEE J. QUASEY, COMMERCE COUNSEL, NATIONAL LIVE STOCK PRODUCERS ASSOCIATION, ON BEHALF OF THE NATIONAL COUNCIL OF FARMER COOPERATIVES, BEFORE THE SENATE INTERSTATE COMMERCE COMMITTEE, MARCH 21, 1946, REGARDING H. R. 2536, A BILL TO AMEND THE INTERSTATE COMMERCE ACT WITH RESPECT TO CERTAIN AGREEMENTS BETWEEN CARRIERS The National Council of Farmer Cooperatives is a conference body representing 4,600 farmer cooperative associations organized under Federal and State statutes who are engaged in marketing the products and purchasing the production supplies of 2,300,000 members. Members of the National Council of Farmer Cooperatives are large and important shippers and receivers of agricultural commodities and farm supplies and are, therefore, directly and substantially interested in the maintenance of adequate, efficient, and economical transportation via all types of carriers. (Mr. Chairman I request leave to submit for the record, without reading, a list of the council, membership.) The provisions of H. R. 2536 have had the attention and consideration of the transportation committee of the national council both prior to the time the bill was passed by the House and since that time. This committee is composed of traffic officers of member cooperative associations. After several months devoted to canvass of membership and discussion, this committee early in July 1945, reached certain conclusions and made specific recommendations which then were submitted to and unanimously approved by the executive committee of the council which directed the transportation committee to represent the council before the Committee on Interstate and Foreign Commerce. Pursuant to this, I was selected to present a statement before the House committee, which was done on October 17, 1945. We believe the principal purpose of the Bulwinkle bill is to provide express statutory recognition of a traditional procedure of handling of proposal by either shippers or carriers for changes in rates, rules, or regulations under appropriate control of the ICC and we strongly urge that the bill be limited to rates, routes, rules, regulations, services, practices, and time schedules. This procedure has been developed by the carriers over a period of many years and, in actual practice, conferences and associations have been established providing a system of advance notice to interested persons and a forum for discussion, hearing, consideration, and cooperation between shippers and carriers on proposed changes in rates, rules, and regulations before they are published in tariff form. After any changes are published in tariff form and filed with the Interstate Commerce Commission, as required by law, if any shipper or other interested person finds them to be objectionable in whole or in part, the suspension and other regulatory powers of the Commission may be invoked. We believe that the procedure for establishing changes in rates, rules, and regulations, proposed by either shippers or carriers, are of sufficient public benefit to be protected and preserved under the appropriate jurisdiction and control of the Interstate Commerce Commission and, accordingly, H. R. 2536 was given our support in the House providing certain amendments were adopted. We specifically call attention to paragraph 6 of the House bill, which does not appear to provide that "any person shall have the right to make complaint with respect to any action taken under any agreement or pursuant to any agreement approved by the Commission." As we interpret the provisions of paragraph 6, the Commission appears to have certain investigational and other powers which may be invoked upon complaint or upon the Commission's own initiative without complaint, but these provisions seem to relate to investigation and determination as to whether any agreement previously approved by the Commission or the terms and conditions upon which approval was granted, is not or are not in conformity with the standard set forth in paragraph 2 or whether any such terms and conditions are not necessary for the purposes for conformity with such standard. This appears to be satisfactory with respect to the conditions cited above, but it does not appear to clearly provide for the investigation or determination of any action taken under or pursuant to any agreement, theretofore approved by the Commission. In connection with the suggested amendment of paragraph 6 we urge that paragraph 8 be amended by inserting immediately preceding the word "hereby" in line 15 the following-"or by any order or orders of the Commission." 1 Mr. Quasey is a member of the national council's transportation committee. |