Of course, it is not an exact quotation, but as I remember.

Later, about 3.30, I stepped in the office again in connection with the Townsend matter to point out that Townsend had not previously attempted to see me or the chief investigator in connection with expediting his work and that his going to Brossard was exceedingly unfair. Brossard again turned to me and remarked, Fox -the language is not exact.

Senator LA FOLLETTE. That is the best recollection you had of the language.

Mr. Fox. Yes, sir.

Fox, tell me frankly, has my appointment to the commission affected the morale of the commission?" I said that to be candid with him the situation among the commissioners was such as to affect conditions on the staff; that, for instance, if it were possible to bring matters to the commissioner without causing a row I would long since have forced Mr. Comer to get off the fence and work positively upon the facts in each case. He agreed to that and said that he knew that Simpson was not at all pleased with his appointment and that probably Simpson had carried the tale of the demoralization of the staff to Taussig and that perhaps Comer had also. Whereupon I assured him that I did not think Comer had anything to do with it. I also told him that the staff was pretty much excited about the whole investigation. Whereupon he said that "the situation here is far more certain than it was before I joined the commission. If you remember when Culbertson was here, you and I were on the verge of losing our jobs." To which I replied that it would have made no difference to me, that I had made my plans to go back to the university. He returned, "same with me; I was on leave of absence to go back any time." Senator LA FOLLETTE. Do you remember anything further of the conversation other than the memorandum?

Mr. Fox. No. sir; not at all.

Senator LA FOLLETTE. What is the date of the second memorandum?

Mr. Fox. August 2, 1926.

Senator LA FOLLETTE. Will you read that, please?

Mr. Fox (reading):

Doctor Brossard called about 4.45 and wanted to know whether the plans for the Chinese trip had been completed, that Messrs. Marvin, Glassie, Lowell, and he had discussed the matter at noon and that the report ought to be submitted to the commission, as Mr. Marvin was going away and the last regular meeting of the commission would be held to-morrow.

He discussed the question of personnel and indicated that Newton had been to see him and that somebody (evidently Mr. Comer) had discussed the full details considered by the board about all these matters.

Finally, as I was ready to go he said, “ By the way, before I forget it there is another matter that I wanted to speak to you about while it is fresh in our minds. Have you had a chance to look over the hearings or the details in regard to my testimony on sugar? I told him that I hadn't, whereupon he restated the position that he had taken at our previous meeting-that he had not intended to evade but was ready to tell everything, but didn't want to appear to take the whole credit for the work done. "You and I," he said, "know what happened," and he then went on to repeat what he intended to do if they had given him the opportunity-he knew the problems and was ready to discuss them as he knew them.

Senator LA FOLLETTE. Do you remember anything further of that conference other than what is in the memorandum?

Mr. Fox. I do not.

Senator LA FOLLETTE. Are you satisfied from the search of your records and files that those are the only memoranda that are in existence?

Mr. Fox. I am positive. I have had the stenographer go through the notebook in which they were kept, and I have looked very carefully through the files.

I forget whether it was Senator Robinson or Senator La Follette asked yesterday that all memoranda which could be identified be turned over. I went through the papers, and I could not possibly identify some of them.

Senator LA FOLLETTE. Have you more of the memoranda which were prepared in connection with the sugar report which you now feel you can identify?

Mr. Fox. Going through them I noticed that there are identifications.

Senator LA FOLLETTE. Will you indicate what they are?

Mr. Fox. One is an interoffice communication to the chief investigator and Doctor Bernhardt from the chief economist, John R. Turner. This is under date of March 6, 1924.

Senator LA FOLLETTE. Upon examination I find that that does not bear upon the preparation of data for the so-called draft of the report, so I do not believe it needs to be included.

Senator WADSWORTH. There may be some information in these papers which has a bearing on the question which arose yesterday as the result of his testimony. It is impossible for me to tell now. Senator LA FOLLETTE. We can have these all marked as exhibits, if you like.

Senator WADSWORTH. Well, we can hold them and mark them as exhibits, then.

(The document referred to was marked "Exhibit 22," and the same was filed with the.committee. See p. 1160.)

Mr. Fox. This one is an interview with Dr. Philip G. Wright, formerly chief of the sugar division, United States Tariff Commission, in the presence of Dr. John R. Turner, signed A. M. Fox, under date of June 20, 1924.

Senator LA FOLLETTE. What is the purport of that? Does that bear on the preparation of material for the draft opinion?

Mr. Fox. The purpose of the interview was to inquire into the data obtained in the earlier schedules used. The commission had been in the habit, when Doctor Wright was in charge of the sugar division, of annually sending out schedules, and the purpose of the interview was to find out something about those schedules, the nature of them, especially to inquire whether investment data had been obtained, and whether they intended to obtain investment data. Senator LA FOLLETTE. But this was prior to the date on which you began work on the draft opinion?

Mr. Fox. Yes.

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

(The document referred to was marked "Exhibit 23" and filed with the committee. See p. 1161.)

Mr. Fox. Here is another one, addressed to the commission by A. M. Fox and Dr. Kemper Simpson, dated June 16, 1924. Senator LA FOLLETTE. That may be marked as an exhibit.

(The document referred to was marked "Exhibit 24" and filed with the committee. See p. 1161.)

Mr. Fox. Here is a memorandum of statements made by Doctor Wright dated June 20, 1924.

Senator LA FOLLETTE. That is prior to the time on which you began work on the draft opinion?

28096-30-19

Mr. Fox. Yes, sir.

Senator LA FOLLETTE. Mark it as an exhibit.

(The document referred to was marked "Exhibit 25" and filed with the committee. See p. 1172.)

Mr. Fox. Here is one I think in my own handwriting, marked "Whitehouse," in which I said, "I wish to set forth a few observations concerning the sugar investigation in Cuba."

Chairman ROBINSON. To what does that relate?

Mr. Fox. The sugar investigation.

Chairman ROBINSON. But you said something else I did not hear. What is the significance of that mark, "Whitehouse"?

Mr. Fox. That was the man's name; the name of the accountant. Chairman ROBINSON. Don't you think, in view of the fact that you had that memorandum there, you ought to have explained the significance of that term?

Mr. Fox. I did not connect it.

Chairman ROBINSON. Well, proceed.

Mr. Fox. In fact, I forgot that we had it.

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

(The document referred to was marked "Exhibit 26" and filed with the committee. See p. 1173.)

Senator LA FOLLETTE. Proceed.

Mr. Fox. Here is a memorandum for Mr. Burgess, from Dean Turner and myself, under date of July 16, 1924, "Period for comparing cost of production data on sugar."

Senator LA FOLLETTE. File it as an exhibit.

(The document referred to was marked "Exhibit 27" and filed with the committee. See p. 1174.)

Senator WADSWORTH. Who is the author of this Exhibit 26?

Mr. Fox. Mr. Ralph M. Whitehouse, the accountant.

Senator LA FOLLETTE. Proceed, Mr. Fox.

Mr. Fox. Here is one on Porto Rico, dated June 12, 1924. It is

signed "A. M. F."

Senator LA FOLLETTE. Those are your initials?

Mr. Fox. Those are my initials.

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

(The document referred to was marked "Exhibit 28" and filed with the committee. See p. 1175.)

Mr. Fox. Here is one of June 12, 1924, "Louisiana sugar industry. A. M. F."

Senator WADSWORTH. Those are your initials?

Mr. Fox. Yes, sir.

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

(The document referred to was marked "Exhibit 29" and filed with the committee. See p. 1175.)

Mr. Fox. Here is another one dated June 10, 1924, "Comments on Louisiana sugar investigation." On the bottom in pencil, "A. M. Fox."

Senator LA FOLLETTE. Mark it as an exhibit.

(The document referred to was marked "Exhibit 30" and filed with the committee. See p. 1176.)

Senator WADSWORTH. Can you recognize the text as having been written by you?

Mr. Fox. Yes, sir; I believe so.

Here is one on the beet-sugar industry under date of June 11, 1924, signed "A. M. F."

Senator LA FOLLETTE. Mark it as an exhibit, please.

(The document referred to was marked "Exhibit 31" and filed with the committee. See p. 1176.)

Mr. Fox. On Exhibit 31 I have a note at the bottom: "The above was dictated by Mr. Fox in the presence of Mr. Newton and met with his complete approval."

Senator LA FOLLETTE. What is the next one?

Mr. Fox. Here is one dated June 27, 1924, "Bulk-line costs."
Senator LA FOLLETTE. That was prepared by you?

Mr. Fox. That was prepared by me, in accordance with the request of the commission.

Senator LA FOLLETTE. That will be marked as an exhibit.

(The document referred to was marked "Exhibit 32" and filed with the committee. See p. 1177.)

Mr. Fox. Here is one on Porto Rico, dated June 13, 1924, “A. M. F."

Senator LA FOLLETTE. Those are your initials?

Mr. Fox. Those are my initials.

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

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(The document referred to was marked "Exhibit 33 and filed with the committee.)

Mr. Fox. Here is one dated June 12, 1924, "Louisiana and beet sugar. A. M. F.". Those are my initials.

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

(The document referred to was marked "Exhibit 34" and filed with the committee. See p. 1181.)

Mr. Fox. Here is one: Louisiana sugar industry," dated June 12, 1924, marked "A. T. Geraci."

Senator LA FOLLETTE. That may be marked as an exhibit.

(The document referred to was marked "Exhibit 35" and filed with the committee. See p. 1181.)

Mr. Fox. Here is one: "For comparative purposes should the cost of production in Louisiana and the beet areas be compared with the preceding or the succeeding Cuban crop?"

Senator LA FOLLETTE. What is the date of it?

Mr. Fox. There is no mark on it, but I believe it is Dean Turner's. I would not be certain of it.

Senator LA FOLLETTE. It may be marked as an exhibit.

(The document referred to was marked "Exhibit 36" and filed with the committee. See p. 1181.)

Mr. Fox. "Memorandum reciting instructions regarding services of the members of the advisory board in the case of sugar at the meeting of May 28, 1924." That was prepared, I believe, by Dean Turner.

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

(The document referred to was marked "Exhibit 37" and filed with the committee.

See p. 1182.)

Mr. Fox. Here is one dated July 26, 1924, "Hearings and briefs in sugar investigation with reference to cost period." It is marked in Doctor Brossard's handwriting, "McNabb statement." Mr. McNabb is our counsel.

Senator LA FOLLETTE. Put it in as an exhibit.

(The document referred to was marked "Exhibit 38" and filed with the committee. See p. 1183.)

Mr. Fox. Here are some rough drafts which I can not identify; rough drafts used during that period.

Senator LA FOLLETTE. Have you any others that you can identify? Mr. Fox. Here are two in Mr. Marvin's handwriting at the top: "To follow summarized reason for not signing report."

Chairman ROBINSON. What is the date of that?

Mr. Fox. It is not dated, sir.

Senator LA FOLLETTE. Let it be marked.

(The document referred to was marked "Exhibit 39" and filed with the committee. See p. 1183.)

Mr. Fox. Here is one, " To follow page 15," in Mr. Marvin's handwriting.

Senator LA FOLLETTE. That may be marked as an exhibit.

(The document referred to was marked "Exhibit 40" and filed with the committee. See p. 1185.)

Senator LA FOLLETTE. Those are all the papers you were able to find in the files, bearing on the preparation of the draft opinion, the authorship of which you could identify?

Mr. Fox. Not only the draft opinion but the sugar report.

Senator LA FOLLETTE. I will amend my question to "the sugar report."

Mr. Fox. These are all that I could, after diligent search, identify.
Senator LA FOLLETTE. I have no further questions.
Chairman ROBINSON. That is all, Mr. Fox.

Doctor Brossard.

STATEMENT OF EDGAR B. BROSSARD-Continued

(The witness having been previously duly sworn, was examined and testified further as follows:)

Chairman ROBINSON. Mr. Brossard, you have already been sworn, I believe?

Mr. BROSSARD. Yes, sir.

Senator WADSWORTH. Mr. Brossard, were you present in the room yesterday when Mr. Fox was testifying?

Mr. BROSSARD. Yes, sir.

Senator WADSWORTH. Did you hear his testimony in relation to the preparation of the so-called draft report for what later became the minority report on sugar?

Mr. BROSSARd. I did.

Senator LA FOLLETTE. The Marvin-Burgess report, they prefer to have it called.

Mr. BROSSARD. Yes, sir. I heard all of his testimony.

Senator WADSWORTH. You caught the significance, I assume, of his statement or suggestion that he had interpreted your connection with some of that work in a way different from your own interpretation, and that he had interpreted somewhat differently the significance of your testimony in that connection than your own interpretation?

Mr. BROSSARD. Yes, sir; it seemed to me that he had a slightly different interpretation of the testimony. I do not know that he interpreted the testimony differently, but that he made it possible for a different interpretation to be made; he opened the way for a different