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Mr. Fox. Yes, sir; I was.

Senator LA FOLLETTE. What were your duties at that time?

Mr. Fox. Those of an economist. I also served a considerable portion of that time as investigator. I was sent to Hawaii in connection with sugar. I was also sent to New York, and assisted in getting the Cuban data; also getting the sugar refining data. At such times, I suppose, technically, by the rules of the commission, I was under the chief investigator.

Senator LA FOLLETTE. Did you take part in the preparation of any portion of the commission's report to the President?

Mr. Fox. I did.

Senator LA FOLLETTE. There were two reports submitted, one on behalf of the commission prepared by Mr. Lewis, Mr. Costigan, and Mr. Culbertson, and another report which has come to be known as the minority report, prepared by Mr. Marvin and Mr. Burgess. Do you know how those respective reports were prepared or how either one of them was prepared?

Mr. Fox. I know nothing about how the Costigan-CulbertsonLewis report was prepared. I know something about how the other report was prepared.

Senator LA FOLLETTE. Will you state your knowledge as to what occurred, with particular reference to the members of the staff who actually participated in the preparation of that report.

Mr. Fox. I should like to make it clear that all reports of the commission originate, with few exceptions, with the staff; prepared either in the commodity division or by the commodity expert assisted by the economists, perhaps with the assistance of many men. They are reviewed, many times revised, at times entirely rewritten by the advisory board. Then they go to the commission. The commission, having, of course, final authority, makes those determinative decisions which it deems necessary, and it then becomes, of course, their report. Just as a report is sometimes called the advisory board's report before it goes to the commission, simply because the advisory board has authority to make changes, so, after it leaves the advisory board and goes to the commission, the commission has authority to decide what changes are to be made, after which it becomes a commission report. As I recall, during the sugar investigation, the sugar report was not referred to the advisory board. I believe it is one of the few, if not the only instance, where that was done. I am not certain about that, but it was one instance. While the report prepared by the chief of the sugar division was being considered by the commission with certain experts sitting in with the commission, various memoranda were being prepared. I was very busy, because I was interested in the sugar investigation. I participated in the field work. I prepared a number of memoranda. My associate, Doctor Mixter, I believe, prepared some. Dean Turner prepared many. Doctor Brossard, I believe, prepared some. This was going on for some time. Finally it was decided to prepare a draft of the final report. I believe that decision was reached sometime around July

I imagine it was at the time when the consideration of the report by the commission was nearing completion. The matter was discussed by my chief, Chief Economist Dean Turner, and myself and some others, and we decided to start work that day. We worked along from that time until the report was submitted. There were

a number of drafts made, and the report took the same course as other reports, for instance, as the butter report except that the butter report went through the advisory board.

Senator LA FOLLETTE. You say that about the 22d of July it was decided to prepare a report?

Mr. Fox. Oh, I do not know the exact date.

Senator LA FOLLETTE. But approximately sometime in July it was decided to prepare a final draft?

Mr. Fox. The draft. We had been working on all sorts of memoranda.

Senator LA FOLLETTE. You say that Dean Turner and Doctor Mixter

Mr. Fox. I believe Doctor Mixter prepared some.

Senator LA FOLLETTE. Were there any others associated with you in this work?

Mr. Fox. Well, Doctor Brossard prepared some; Dean Turner and myself. We are not associated, in a way. I was working independently. I was interested, for instance, in the years to be used. I was interested in certain tests that the chief of the sugar division was using upon the early years of the sugar data. I was interested in certain other phases. What Doctor Mixter was working on I do not know. Then, as I recall it, Doctor Brossard worked on memoranda, and I believe for a short period before we started, Doctor Brossard and Dean Turner worked together.

Senator LA FOLLETTE. At any time during the preparation of this draft report were there any conferences held by those who were working specifically on it?

Mr. Fox. Upon that date when we began working on the draft, then, of course, we went into conference. We organized and went to it a period that I would not want to go through again. When we started out I made arrangements for a room, because of possible interruptions in the chief economist's office, and the chairman was kind enough to let us use his small anteroom. We worked there during the day and at night we worked in the office of the chief economist.

Senator LA FOLLETTE. Have you in your possession or are there available to you copies of any material contributed to the report by you or Doctor Brossard or Doctor Turner or any other member of the commission's staff.

Mr. Fox. I have drafts which I believe were contributed, but it was a very hectic period, and we did not stand upon ceremony. At the present time, when a report is prepared, it is usually addressed to the commission or the advisory board or some one else from so and so, and it is signed, but, during those hectic days those formalities were not observed.

I have a number of memoranda, as I look through my file, that I believe I prepared; one that Doctor Mixter prepared. I have one, I believe, that Doctor Brossard prepared; one that Doctor Brossard and Dean Turner prepared, and I have a lot of miscellaneous material.

Senator LA FOLLETTE. Have you those papers with you?

Mr. Fox. But, may I say this; it would be impossible to trace anyone's contribution, because when be began the drafting of the

report, we drew up a rough draft, taking something here, something there, using all of the available information. And then Dean Turner, who is a very, very careful man, would distate. As sections were completed they would be reviewed and revised many, many times, so that, even at the time when the first draft was ready, the language was different. Some of the ideas were modified. It was then practically impossible to trace the contribution of any one individual.

Senator LA FOLLETTE. I understand, but, you have just stated in your previous answer that you had certain data or memoranda which you believe were prepared by different individuals.

Mr. Fox. But, those I just

Senator LA FOLLETTE. Will you produce those for the committee please?

Mr. Fox. Here is one that is marked "J. R. T." All of these papers were not kept.

Chairman ROBINSON. Who is "J. R. T."?

Mr. Fox. Dean Turner.

Senator LA FOLLETTE. Let us mark that as an exhibit. I do not think it needs to be included in the hearings.

(The document referred to was marked "Exhibit 1" and filed with the committee. See p. 1095.)

Mr. Fox. Here is something that is in Dean Turner's handwriting. I see Doctor Mixter has three words on here.

(The document referred to was marked "Exhibit 2" and filed with the committee. See p. 1096.)

Mr. Fox. Here is one marked "A. M. F." That is mine.
Senator LA FOLLETTE. Mark that as an exhibit.

(The document referred to was marked "Exhibit 3" and filed with the committee. See p. 1097.)

Mr. Fox. Here is one that has no name on it, but written at the top is "Doctor Mixter."

Senator LA FOLLETTE. Let that be filed as an exhibit.

(The document referred to was marked "Exhibit 4" and filed with the committee. See p. 1097.)

Mr. Fox. Here is one on the basis of costs. Who prepared it I do not know. I see some one's handwriting marked " Basis of costs." That is written by Mrs. Garland. I notice two words by Dean Turner.

Senator LA FOLLETTE. Let that be marked as an exhibit.

(The document referred to was marked "Exhibit 5" and filed with the committee. See p. 1099.)

Senator LA FOLLETTE. Have you any idea who prepared that? Mr. Fox. You see we all had been preparing memoranda for a period of a month or two months. The ideas were supplied by many people. They were often rewritten.

Here is one of mine, "Memorandum on sugar report."
Senator LA FOLLETTE. File that as an exhibit.

(The document referred to was marked "Exhibit 6" and filed with the committee. See p. 1100.)

Mr. Fox. Here is one of May 29, 1924, "Comments on sugar report." That refers to the report written by Doctor Bernhardt.

(The document referred to was marked "Exhibit 7" and filed with the committee See p. 1103.)

Mr. Fox. Here is another one of mine," Relative position of Cuban sugar companies. Comments on tests to establish the representative character of the few companies for which data are available for the early years," under date of July 7, 1924.

Senator LA FOLLETTE. File that as an exhibit, please.

66

(The document referred to was marked " Exhibit 8" and filed with the committee. See p. 1110.)

Mr. Fox. Here is one "Raw or refined basis." I think that was prepared jointly by Dean Turner and myself one Sunday.

(The document referred to was marked "Exhibit 9" and filed with the committee. See p. 1111.)

Mr. Fox. Here is one "Why sugar beets compared?" It has at the top in Mrs. Garland's handwriting "Doctor Brossard's statement," and contains, in Dean Turner's handwriting a number of

comments.

Senator LA FOLLETTE. Those portions in pencil are in Dean Turner's handwriting?

Mr. Fox. Yes, sir.

Senator LA FOLLETTE. File that as an exhibit.

(The document referred to was marked "Exhibit 10" and filed with the committee. See p. 1112.)

Mr. Fox. Here is one on "Advantages and disadvantages." This was prepared, I believe, jointly by Dean Turner and myself on a Sunday when I was writing it down in long hand. This is not signed.

Senator LA FOLLETTE. Let it be filed as an exhibit.

(The document referred was marked " Exhibit 11" and filed with the committee. See p. 1113.)

Mr. Fox. Here is another one that is not signed, but it has “J. R. T." and "E. B. B.," written by Mrs. Garland.

Chairman ROBINSON. To whom do those initials refer?

Mr. Fox. John R. Turner and E. B. Brossard. It has in pencil, corrections made in Dean Turner's handwriting.

Chairman ROBINSON. Let it be filed as an exhibit.

(The document referred to was marked "Exhibit 12" and filed with the committee. See p. 1115.)

Senator LA FOLLETTE. You said that related to advantages and disadvantages.

Mr. Fox. Not this one, no sir.

Senator LA FOLLETTE. Pardon me. What is the subject matter of that memorandum?

Mr. Fox. It deals first with the fact that the advisory board was not consulted in the consideration of the sugar report, and sets forth the method of procedure, the usual procedure, and the reasons that a report which does not follow such procedure would be unsatisfactory. It also deals with the fact that the commission was not properly balanced for the consideration of the report by reason of the withdrawal of Commissioner Glassie from consideration of the report. It has a section here on sugar beets. It has another section on prices, and then the balance deals with the inadequacy of the early data.

Senator LA FOLLETTE. From your familiarity with the procedure and the general making of this report-was that memorandum to which you have just referred intended to be submitted for consideration to be included in the report?

Mr. Fox. I could not say, sir. I suppose so. I could not be definite.

Senator LA FOLLETTE. Have you any other papers there?

Mr. Fox. I have plenty of papers here.

Senator LA FOLLETTE. You understand to what I refer?

Mr. Fox. Here are some work sheets. Here are some tables that I notice in Mr. Brossard's handwriting. Here is a table made of costs by States, "E. B. B."

Senator LA FOLLETTE. File it as an exhibit.

(The document referred to was marked "Exhibit 13" and filed with the committee. See p. 1119.)

Mr. Fox. Here is another table and written on the top of it is "Brossard." I think that is my handwriting.

(The document referred to was marked "Exhibit 14" and filed with the committee. See p. 1120.)

Mr. Fox. Here are some tables in my handwriting. Some tables. I believe, that finally went into the report; costs of production of sugar.

Senator LA FOLLETTE. File that as an exhibit.

(The document referred to was marked "Exhibit 15" and filed with the committee. See p. 1121.)

Mr. Fox. I have here what I believe is a copy of the first draft of a report under date of July 26, 1924.

Chairman ROBINSON. By whom was that prepared?

Mr. Fox. That was prepared by the staff members, Doctor Turner, Doctor Brossard, and myself, sitting in conference.

Chairman ROBINSON. Does that appear on the face of the memorandum, or do you state that from memory?

Mr. Fox. I state that from memory.

Senator LA FOLLETTE. That is the first draft of a report of the majority or the minority, which?

Mr. Fox. I do not like, personally, the terms "minority" and "majority."

Chairman ROBINSON. Well, then define it in your own way. You know there were two reports. Please make clear which report it was. Mr. Fox. The Marvin-Burgess report.

Senator LA FOLLETTE. Let that be marked as an exhibit, please. (The document referred to was marked "Exhibit 16" and filed with the committee. See p. 1122.)

Senator LA FOLLETTE. You made reference to another draft.

Mr. Fox. I have here a draft of July 30, 1924.

Senator LA FOLLETTE. By whom was that prepared?

Mr. Fox. By the same group, incorporating further suggestions. Senator LA FOLLETTE. By whom?

Mr. Fox. By the same group, Dean Turner, Doctor Brossard, and myself.

Senator LA FOLLETTE. Let that be marked as an exhibit.

(The document referred to was marked "Exhibit 17" and filed with the committee. See p. 1129.)

Senator LA FOLLETTE. Have you another draft?

Mr. Fox. I have here what I believe to be, although I am not certain, a draft as revised by Commissioners Marvin and Burgess, after the draft of July 30 was submitted to them.

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