A. Yes, sir. Q. Did she go on the flight? A. She was supposed to. Q. You mentioned three people-three other people-as using these tickets; Swangin, Duncan, and Adam Clayton Powell III. Was there a fourth person who used one of the tickets? A. Mrs. Upshur. Q. Now, you have before you, Mrs. Dargans an Eastern Airlines transportation receipt indicating that on March 28, 1965, your credit card was used in flight on the shuttle between New York and Washington to purchase a ticket and in the upper left-hand corner what name appears as the signature of the cardholder? A. Maxienne Dargans. Q. Were you on that plane? A. No, sir. Q. Is your name Maxienne Dargans? A. Louise Maxienne Dargans. Q. That is not your signature? A. No, sir. Q. So someone using your credit card purchased a ticket and signed your name on the transportation receipt on the Eastern Airlines shuttle; is that correct? A. Yes, sir. Mr. TAYLER. May that be marked "Dargans Exhibit 1"? Mr. O'CONNOR. I don't believe we have the date of that travel there. Mr. TAYLER. March 28, 1965. (The above-referred-to document was marked "Dargans Exhibit 1" and received in evidence.) By Mr. TAYLER : Q. I show you a similar transportation receipt showing an in-flight purchase of a ticket on the Eastern Airlines shuttle between Washington and New York, date of issue shown as March 28, 1965, bearing your credit card stamp and there appears to be a signature in the upper left-hand corner of Don Anderson. I ask you to examine that exhibit. Does the signature appear to be that of Don Anderson? A. I don't know. Q. Are you familiar with Mr. Anderson's signature? A. I have seen it, but to say that this is or is not his signature, I don't remember Don's signature well enough to identify this. Q. The ticket that was issued against that transportation receipt you are now examining was purchased with your credit card, was it not? A. Yes, sir. Mr. TAYLER. May that be marked "Dargans' Exhibit 2"? (The above-referred-to document was marked "Dargans' Exhibit 2" and received in evidence.) By Mr. TAYLER: Q. I show you a similar form dated March 28, 1965, same flight same airline, and in the upper left-hand corner the signature "Aurora Harris." Was that ticket purchased with your credit card? A. Yes, sir. Q. Do you know as a fact that neither Miss Harris nor Mr. Anderson performed the travel indicated on those cards? A. To my certain knowledge, sir, I do not. I did not see who boarded the flight. Q. But you found a Miss Swangin, Mr. Duncan, and Adam Clayton Powell III, with Miss Upshur at the airport? A. They went with us to the airport. Q. And Miss Upshur took your credit card? A. Yes. By Mr. O'CONNOR: Q. Can you give us the full name of Mr. Duncan? Q. Do you know where he lives? A. In New York City but I don't know his exact address. By Mr. TAYLER: Q. Do you know his relationship with Congressman Powell? Q. Have you ever met him? A. Oh, yes. Q. I am talking about Mr. Duncan. A. Yes. Q. Under what circumstances? A. Socially. Mr. HAYS. That is underneath. I suppose you should read that. The WITNESS. The certification of the committee chairman: I certify that the above articles have been received in good condition and in the quality and quantity above specified, or the services performed as stated, and that they are in accordance with the orders therefor; that the prices charged are just and reasonable and in accordance with the agreement. Mr. DICKINSON. One further question. In connection with the certification by the chairman himself, is it true that the payee or employee could travel but he could not receive per diem without the express approval of the chairman? The WITNESS. That is correct, Mr. Dickinson. In fact, the resolution that provides the money specifically states that all payments shall be made upon signature of the chairman. Mr. DICKINSON. So the chairman has the ultimate responsibility in any event? The WITNESS. Yes, sir; that is in the resolution or the law. Mr. HAYS. Are there any other question; if not, that is all Mr. Langston. (Witness excussed.) Mr. HAYS. The committee will adjourn now and without objection will meet at 2 o'clock sharp. (Whereupon, at 12:45 p.m., the committee was recessed to reconvene at 2 p.m., the same day.) Mr. HAYS. Let the record show that I have received an ITT World Communication telegram dated at 11:12 this morning, addressed to Wayne L. Hays, U.S. House of Representatives, Washington, D.C. Unable to testify public hearing. (Signed) Mrs. ADAM CLAYTON POWELL. The record will further show that I have instructed the clerk to ask the U.S. marshal to indicate to Mrs. Powell that this is not a public hearing and that she will not be asked to testify in public. She has been served with a subpena and we expect her to honor that subpena, or she could possibly be held in contempt. We will hear now from Mrs. Dargans. Mrs. Dargans, I have a statement here I wish to read to you. Your appearance before this committee will be in executive session unless you request that it be a public session. If your appearance is in executive session, the public and the press will not be admitted to the hearing room, and pursuant to paragraph 26, House of Representatives rule XI, your testimony may not be released or used in a public session without consent of the committee, nor will you be permitted to purchase a copy of your transcript unless authorized by the committee. If your appearance is in public session, the public and news reporters will be admitted, but television cameras and news photographers will be excluded except news photographers may be admitted briefly to take pictures. We have already ruled against that. The question now is: Do you choose to appear in executive or public session? Mrs. DARGANS. Executive session, sir, if you please. Mr. HAYS. You are without counsel ? A. Yes. Mr. HAYS. But you did receive a copy of paragraph 26, rule XI, rules of the House, with the subpena? if A. Yes. Mr. HAYS. You understand that you were permitted to have counsel so desired? you Mr. HAYS. Your constitutional rights, of course, will be recognized by the committee and properly you can make the claim of privilege. If you feel any answer might tend to incriminate you, you may say so. If you do, the committee will consider the claim and pass upon its validity. Will you stand and raise your right hand, please. LOUISE M. DARGANS having been duly sworn, was examined and testified as follows: By Mr. TAYLER: Q. State your full name for the record. Q. Where do you live? A. 301 G Street SW., Washington, D.C. Q. Are you appearing before this committee today pursuant to a subpena served upon you? A. Yes. Q. Have you received a copy of the chairman's opening statement? Do you know what I am referring to? Mr. HAYS. The statement I read this morning when you were all here? By Mr. TAYLER: Q. Your answer is "No"? A. That is right. I wasn't here. Mr. TAYLER. Mr. Chairman, may the witness be furnished with a copy of your opening statement? I believe we have some available. The WITNESS. I was asked to step out. Mr. HAYS. I think you went back to the office, and we allowed the rest of them in to hear the opening statement. Here is a copy of the opening statement, Mrs. Dargans. You may read it. The WITNESS. I have finished it, sir. By Mr. TAYLER: Q. Mrs. Dargans, while we were off the record, did you receive and read a copy of the chairman's opening statement? A. Yes. Q. Do you understand it? A. Yes. Q. What is your present employment with the House of Representatives? A. Chief clerk of the Committee on Education and Labor. Q. How long have you held that position? A. Since January 3, 1961. Q. Will you briefly describe your duties as chief clerk of the Education and Labor Committee, particularly any duties you have relating to the handling of travel tickets and expense vouchers? A. A brief outline of my duties, sir, are to attend all meetings of the full committee and other meetings as directed; Record and hold for safekeeping record of all record sheets taken at the meetings; See that minutes of the meetings reflect the proceedings and hold them in safekeeping; See that notices of all meetings and caucuses are sent to the members of the committee; Arrange adequate meeting space for the full committee, the subcommittee, the ad hocs and task forces as requested; Notify members of meetings before House Administration and Rules Committee of particular interest to them; Announce meetings and reports of the meetings to the Digest and the Press Gallery; Prepare and present to the Clerk of the House, the Committee on House Administration, the Rules Committee and the chairman monthly, semiannual, and annual reports as required; Notify the Rules Committee of legislation reported by the full committee, and request hearings as directed; See that reports are filed in accordance with committee instructions when legislation is reported; See that these reports are filed in the House; Maintain accounting of expenditure of funds and process vouchers as authorized; See that adequate equipment and supplies are furnished the full committee and our branches as required; Supervise the preparation and distribution of all printing for the committee. Mr. HAYS. Let's go off the record. (A discussion was held off the record.) By Mr. TAYLER : Q. Mrs. Dargans, you said that among other duties you process vouchers as authorized. Would you explain what vouchers you are referring to and what sort of processing you give them? A. All vouchers, because all vouchers would have to do with expenditure of funds. They come to me from the chairman's office, the office of the minority, and from the offices of our several subcommittees, ad hocs, and task forces. We have a control in my office where we indicate the expenditures against the allotment. Q. Is that the only review that you make of these vouchers, to check the amount of the voucher? A. Strictly a figure review. Q. Let me finish it. Check the voucher against the amount of the appropriation available? A. Yes. Mr. HAYS. Mrs. Dargans, you do not make any attempt when you process these vouchers to verify the expenditure that was actually made? |