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PROPOSED AMENDMENTS TO FEDERAL TRANSPORTATION LAWS 437

company is concerned the provisions of S. 3243 would bear upon us
very little if any at all. Nevertheless, I am pleased at the opportunity
to appear before you since neither my company nor any other water
carrier can be indifferent to the provisions of this bill which would
regulate minimum rail rates, permitting rail management to cut rates
to whatever level it selects, disregarding cost as they choose.

Rail carriers under the provisions of this bill would be entirely
free to reduce rates on bulk commodities for the specific purpose
of capturing any part or all of a bulk carrier's tonnage. Water car-
riers whose business consists entirely of bulk cargoes could be
destroyed completely and immediately. Common carriers engaged
in water transportation for the handling of both regulated and unreg-
ulated bulk commodities could be damaged to an extent depending
upon the ratio of regulated and unregulated cargo comprising their
traffic.

I personally cannot in good faith defend the principle of requiring one group of carriers to subject their rates to Government regulation and at the same time exempting another group from such regulation. I believe this is the very condition which gave rise to S. 3243.

If this bill did nothing more than accord equal treatment to the rail carriers and the water carriers, I for one would not suggest that Congress should fail to take an affirmative action. However, I find in this bill a paradox whereby an injustice to one group is eliminated and at once imposed in devastating force upon another. The rail carriers by virtue of their financial strength have managed to compete to a degree for bulk traffic even though their rates have been subject to regulation and the water carrier rates have not.

In any case, the water carriers could not possibly destroy the rail
carriers. It is this overwhelming rail financial strength which in my
opinion clearly causes the provisions of this bill to give the rail carriers
an undue and unfair advantage over the water carriers of bulk.com-
modities. or oral blue

I think the President might have suspected this when he suggested
an alterna whi ld regulate both carrier groups equally.
don't h
doubt in anyone's mind that upon elimination
of mi
ions a rate war would surely ensue. In such
a ra
3 and no referee, the water carriers have n
cha
ound to be defeated; many will be destroyed
oped in the name of fair play and equa

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e ideals ruthlessly. I believe on prin
et the test implicit in the democrat

regulated common carrier and not
1. I have expressed opposition to t
inciple. My company is in no wa
rrier. As a matter of fact, certain
with us and have, in fact, outbid
However, as a regulated carrier

upon determining that there exists able to it a clear course to correct th carrier groups would do exactly that ongress in its deliberations will not fail ent to the railroads' financial strength as

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PROPOSED AMENDMENTS TO FEDERAL
TRANSPORTATION LAWS

HEARINGS

BEFORE THE

COMMITTEE ON COMMERCE
UNITED STATES SENATE

EIGHTY-SEVENTH CONGRESS

SECOND SESSION

ON

S. 3242

A BILL TO PROVIDE FOR STRENGTHENING AND IMPROVING
THE NATIONAL TRANSPORTATION SYSTEM, AND FOR OTHER

PURPOSES; AND
S. 3243

A BILL TO EXEMPT CERTAIN CARRIERS FROM MINIMUM RATE
REGULATION IN THE TRANSPORTATION OF BULK COMMODI-
TIES, AGRICULTURAL AND FISHERY PRODUCTS, AND PASSEN-
GERS, AND FOR OTHER PURPOSES

86508

PART 1

[Testimony of Government Witnesses]

JUNE 27, 28, 29; JULY 2, 24, 25, 26, AND 27, 1962

Printed for the use of the Committee on Commerce D

STAN

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UNIVERSITY

DIVISION

SENATE COMMITTEE ON COMMERCE
WARREN G. MAGNUSON, Washington, Chairman

JOHN O. PASTORE, Rhode Island
A. S. MIKE MONRONEY, Oklahoma
GEORGE A. SMATHERS, Florida
STROM THURMOND, South Carolina
FRANK J. LAUSCHE, Ohio
RALPH YARBOROUGH, Texas
CLAIR ENGLE, California
E. L. BARTLETT, Alaska
VANCE HARTKE, Indiana
GALE W. MCGEE, Wyoming

JOHN MARSHALL BUTLER, Maryland
NORRIS COTTON, New Hampshire
THRUSTON B. MORTON, Kentucky
HUGH SCOTT, Pennsylvania

KENNETH B. KEATING, New York
WINSTON L. PROUTY, Vermont 1

EDWARD JARRETT, Chief Clerk

HAROLD L. BAYNTON, Chief Counsel

JOHN M. MCELROY, Assistant Chief Counsel

JEREMIAH J. KENNEY, Jr., Assistant Chief Clerk

WILLIAM T. BEEKS, Jr., Staff Counsel

AUGUST J. BOURBON, Professional Staff Member

GERALD B. GRINSTEIN, Staff Counsel

1 Senator Prouty appointed to committee July 18, 1962, succeeding Senator Clifford P. Case of New Jersey.

II

CONTENTS

Statement of—

Batrus, Frederick E., Acting Assistant Postmaster General, Bureau of

Transportation, Post Office Department, Washington, D.C.

(accompanied by Adam G. Wenchel, Associate General Counsel) _ _
Boyd, Hon. Alan S., Chairman, Civil Aeronautics Board, Washington,
D.C. (accompanied by Ross I. Newmann, Associate General Counsel
and Irving Roth, Director, Bureau of Economic Regulations) -
Conrad, Robert B., Commissioner, Transportation and Communica-
tions Service, General Services Administration, Washington, D.C.,
presented by Malcolm H. Miller, Assistant to the Commissioner.

Dice, George A., Director, Special Services Division, Agricultural

Marketing Service, Department of Agriculture, Washington, D.C.

(accompanied by James L. Pease, Chief, Freight Rate Service

Branch; Joseph Quin, attorney, Office of the General Counsel; and

I. W. Ulrey, Assistant Chief, Freight Rate Service Branch).

Hodges, Hon. Luther H., Secretary, Department of Commerce, Wash-
ington, D.C. (accompanied by Robert J. Ables, Transportation
Counsel, and Burt Roper, Assistant General Counsel, Legislation)__

Loevinger, Lee, Assistant Attorney General, Antitrust Division,

Department of Justice, Washington, D.C..

Martin, Clarence D., Jr., Under Secretary of Commerce for Trans-

portation, Department of Commerce, Washington, D.C.

Morris, Maj. Gen. I. Sewell, Executive Director, Military Traffic

Management Agency, Department of Defense, Washington, D.C.

(accompanied by Gilmer B. Randolph, Executive Officer)..

Murphy, Hon. Rupert L., Chairman, Interstate Commerce Commis-

sion, Washington, D.C. (accompanied by Commissioners Howard

G. Freas, Abe McGregor Goff, Clyde E. Herring, and William H.

Tucker)

Letter from—

Hodges, Luther H., Secretary of Commerce, Department of Commerce,
Washington, D.C., dated May 1, 1962-

Katzenbach, Nicholas deB., Deputy Attorney General, Department
of Justice, dated July 23, 1962--

Martin, Clarence D., Jr., Under Secretary of Commerce for Trans-
portation, Department of Commerce, dated June 29, 1962_ _ _ _ .

Reports from--

Department of Agriculture, on S. 3242, dated June 25, 1962-
Department of Agriculture, on S. 3243, dated June 25, 1962.
Department of Defense, on S. 3242, dated June 20, 1962.
Department of the Treasury, on S. 3242 and S. 3243, dated June 27,
1962__

Federal Aviation Agency, on S. 3242 and S. 3243, dated June 28, 1962__
General Accounting Office, on S. 3242, dated July 3, 1962--
General Accounting Office, on S. 3243, dated June 13, 1962-
General Services Administration, on S. 3242, dated June 18, 1962.
General Services Administration, on S. 3243, dated June 18, 1962.
Office of Emergency Planning, on S. 3242, dated June 26, 1962.

Miscellaneous:

President Kennedy's message entitled "The Transportation System

of our Nation" (H. Doc. 384, 87th Cong.) –

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