BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE UNITED STATES OF AMERICA

To United States Marshal.

You are hereby commanded to summon Y. Marjorie Flores (Mica. Adam Clayton..

--Powell),--Barrio Cerro Gordo, Vega Alta, Puerto Rica.

to be and appear before the Special Subcommittee on Contracts, House Administrati Committee of the House of Representatives of the United States, of which the Hon. Wayne Laya is chairman, which committen is conducting an inquiry into matters relating to activities of athe Committes Lon-Education and Labor, House of Represent at ives of the United States.

D. C., Room H-329, U. S. Capitol Building,
December 19, 1966 (an to remain

in their chamber in the city of Washington, on

available until called)

at the hour of

10:30 a.m.

then and there to testify touching matters of inquiry committed to said Committee; and he is

(The above-referred-to document was marked "Langston Exhibit 7” and received in evidence.)

By Mr. TAYLER:

Q. Was that subpena delivered to the U.S. marshal in San Juan for service upon Miss Flores?

A. Yes. It was mailed on December 14, 1966.

Q. Now, did you receive from the U.S. marshal in San Juan a return of service of that subpena?

A. Yes, sir; we had a return of service.

Q. Do you have with you a return of service on the Flores subpena? A. Yes; I have a return of service from the marshal in San Juan.

Enclosed please find subpoena for above-mentioned witness duly executed by Deputy U. S. Marshal José A. López on December 15, 1966.

Please send us check for $9.44 for fees and mileage, payable to the order of the United States Marshal.

Q. Will you tell us when the marshal served Miss Flores, according to the return?

A. According to the return, the marshal served Mrs. Flores at 7:10 p.m. on the 15th day of December 1966.

Q. And that was the subpena calling for her appearance before this subcommittee on December 19, 1966?

A. That is correct, sir.

Mr. TAYLER. May that be marked "Langston exhibit No. 8," the return of service on the Flores subpena by the U.S. marshal in San Juan.

(The above-referred-to document was marked "Langston exhibit No. 8" and received in evidence.)

By Mr. TAYLER:

Q. Mr. Langston, did Y. Marjorie Flores appear before the subcommittee at any time on the days of the hearings, December 19 through December 21?

A. No; she did not appear.

Q. Did there come a time during that period when the committee received a communication from Miss Flores?

A. Yes, sir; the committee received a cablegram on December 20. Q. To whom was it addressed?

A. The cablegram was addressed to Congressman Wayne L. Hays, U.S. Representative.

Q. Signed by

A. Signed by Mrs. Adam Clayton Powell.

Q. What does the cablegram say?

A. The cablegram states, "Unable testify public hearings.”

Mr. TAYLER. Can you mark that "Langston No. 9"?

WAYNE L. HAYS,

U.S. House of Representatives,

Washington, D.C.:

Unable testify public hearing.

SAN JUAN, P.R., December 19, 1966.

Mrs. ADAM CLAYTON POWELL.

(The above-referred-to document was marked "Langston exhibit 9" and received in evidence.)

By Mr. TAYLER:

Q. Did you, at the chairman's direction, prepare and send a reply to that cablegram from Mrs. Powell?

A. Yes, I did.

Q. When did you send it?

A. It was sent on December 20, 1966, about midafternoon.

Q. Do you have the copy of that cablegram with you?

A. I do have a copy here.

Mr. TAYLER. That will be marked "Langston No. 10."

Mrs. ADAM C. POWELL,

Barrio Cerro Gordo,

Vega Alta, P.R.:

WASHINGTON, D.C., December 20, 1966.

A closed meeting

It is imperative that this committee have your testimony. has been scheduled for December 29, 1966, 11 a.m., room 2255, Rayburn Office Building, Washington, D.C., for this purpose. Paid Eastern Airlines round-trip

tickets have been arranged for you and your son. These are available at EAL reservation desk, San Juan. In the event you wish to arrange care for your son in San Juan during your absence, the committee will reimburse reasonable care costs. Your travel expenses in addition to transportation for the trip will be reimbursed. WAYNE L. HAYS, Chairman, Special Subcommittee on Contracts.

(The above-referred-to document was marked "Langston Exhibit 10" and received in evidence.)

By Mr. TAYLER:

Q. And will you read that into the record, please.

A. Yes, I will be glad to. The cablegram is addressed to Mrs. Adam C. Powell, Barrio Cerro Gordo, Vega Alta, P.R.

It is imperative that this committee have your testimony. A closed meeting has been scheduled for December 29, 1966, 11 a.m., room 2255, Rayburn Office Building, Washington, D.C., for this purpose. Paid Eastern Air Line round-trip tickets have been arranged for you and your son. These are available at Eastern Air Line reservation desk, San Juan. In the event you wich to arrange care for your son in San Juan during your absence, the committee will reimburse reasonable care cost. Your travel expenses in addition to transportation for the trip will be reimbursed.

Signed, "Wayne L. Hays, Chairman, Special Subcommittee on Contracts."

Mr. TAYLER. May we go off the record a moment, Mr. Chairman? Mr. HAYS. Off the record.

(Discussion off the record.)

By Mr. TAYLER:

Q. Mr. Langston, has the committee received any information from the telegraph company as to whether or not the cablegram you just read was ever delivered to Mrs. Powell?

A. Yes. The committee received a message dated December 30, the time 10:13 a.m., from the Western Union Telegraph Co. Q. And that message was received today; is that right?

A. Yes, sir; that is correct.

Q. What does that say?

A. The message is addressed to Wayne L. Hays, chairman, room H-329 Capitol Building, Washington, D.C.

Your telegram of December 20 to Mrs. Adam C. Powell, Barrio Cerro Gordo, Vega Alta, is undelivered. The house is closed and the whereabouts of the addressee is unknown. Please advise disposition of message.

Signed, "Western Union Telegraph Co."

Mr. TAYLER. Will you mark that "Langston No. 11."

WAYNE L. HAYS,

Chairman,

Capitol Building, Washington, D.C.

WASHINGTON, D.C., December 30, 1966.1

Your telegram of December 20 to Mrs. Adam C. Powell, Barrio Cerro, Vega Alta is undelivered. The house is closed and the whereabouts of the addressee is unknown. Please advise disposition of message.

1 Backdate Dec. 27, 1966.

WESTERN UNION TELEGRAPH CO.

(The above-referred-to document was marked "Langston Exhibit 11" and received in evidence.)

By Mr. TAYLER:

Q. Mr. Langston, prior to the receipt of the message you just read, had you received any indication from the telegraph company that the December 20 cablegram was undelivered?

A. No, sir, no communication. I did call the Western Union Telegraph Co. a day or so after the message was sent and asked if the message had been delivered. I was informed that they assumed that it had been. That is, the telegraph company in Washington here. They stated that they assumed it had been delivered because there was no record of nondelivery which is the customary notation in the event a message is undeliverable.

Q. You had no reason to believe prior to the message that you received this morning that the cablegram had been undelivered; is that correct?

A. No reason whatsoever; no, sir.

Q. Now, at or about the time that you sent the cablegram to Mrs. Powell, which is Langston No. 10, on December 20, did you have a conversation with the U.S. marshal in San Juan?

A. Yes, I did.

Q. Will you describe that conversation?

A. I telephoned the U.S. marshal in San Juan shortly after the telegram was sent to request that he personally contact Mrs. Powell to give her a verbal message that the subpena is still in effect and that we expected her to appear and that the telegram had been sent describing the provision for airline trip for herself and her son, and we asked him to do everything in his power to urge that she honor the subpena.

Q. Did you tell the U.S. marshal to inform her that her appearance had been scheduled for December 29?

A. Yes, sir, I did. I specifically asked him to inform her of that. Q. Did there come a time when you heard from the U.S. marshal as to whether or not he was able to contact Mrs. Powell and deliver the message?

A. Yes, sir; I called him again on December 28 and I asked him had he been able to contact Mrs. Powell. His response was that he had been unable to locate Mrs. Powell and he had been making a continuous effort since December 20. He did not find her at her residence or any other of her known places where she might have normally been located.

Q. Mr. Langston, did there come a time when the committee received a letter from Mrs. Powell regarding her appearance before the subcommittee?

A. Yes, sir. The committee received a letter on December 20 bearing the date December 19.

Q. Will you read the message?

A. Yes, sir. It is addressed to Hon. Wayne L. Hays, House Administration Committee, Washington, D.C.:

Honorable Congressman, I have sent you a cable informing that I will be unable to testify at the public hearings due to personal sickness.

I was also notified the evening of Thursday, December 15, too late to make pertinent arrangements. I have a four-years-old son whom I would have to take with me and I would need some time to arrange for his winter clothes, transportation, nurses facilities and so forth. I am willing to attend on a future date should you so desire.

Sincerely.