7. Present occupation_-_. 8. Occupation and employment during the last 5 years.. 9. Have you been admitted to practice before any other department, bureau, or commission of the United States Government? If so, state details. 10. Have you ever been denied admission to practice, or disbarred or suspended from practice before any court, department, bureau, or commission of any State or the United States. If so, explain fully. 11. Describe fully what steps you have taken to familiarize yourself with (1) the provisions of the Merchant Marine Act, 1936, Shipping Act, 1916, and kindred acts; (2) the decisions of the courts, and of the Maritime Commission and its predecessors, with respect to matters now under the jurisdiction of the Maritime Commission; and (3) your experience, if any, in conducting cases before regulatory commissions, State or Federal: 12. State any additional facts relied upon to show that you are possessed of the necessary qualifications to render valuable services and competent to advise and assist persons in proceedings before the Commission : 13. In connection with what branch of the Commission's activities do you intend to practice? Please specify. 14. Do you intend to engage in general practice before the Commission, or only for a company of which you are an officer or regular employee? 15. (a) Have you ever been an officer or employee of the United States? (b) If so, state the branch of service, with dates of appointment to and separation from service, together with reason for separation: (c) Have you ever been employed by the United States Maritime Commission? (d) If so, state date of separation from service, together with reason for separation: 16. Give the names and business addresses of three persons, not relatives, who have knowledge of your experience, ability, and character. (Only one reference may be from a present business partner or associate.) being first duly sworn, on his oath, deposes and says that he is the person named in the foregoing application for admission to practice before the United States Maritime Commission, and that the statements of facts therein contained are true. (Signature of applicant) Subscribed in my presence, and sworn to before me, this------day of 19___. [SEAL] My commission expires Notary Public. 82512-43--14 Form 4526, November 1937 (Single) TO BE EXECUTED AND FILED WITH APPLICATION FOR ADMISSION TO PRACTICE BEFORE THE UNITED STATES MARITIME COMMISSION I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will conduct myself according to law and the rules for the registration of persons entitled to practice before the United States Maritime Commission; that my conduct will be upright, without misrepresentation by concealment or otherwise, and such, so far as in my power, as will justify the confidence reposed in me by the Commission and its members, and by parties whom I may at any time represent, and as will promote and maintain respect for the United States, the Commission, and those who are entitled to practice before it. (Signature) Subscribed and sworn to before me this_-----day of_ [IMPRESS SEAL HERE] Commission expires Notary Public. UNITED STATES MARITIME COMMISSION WASHINGTON At a regular session of the United States Maritime Commission held at its office in Washington, D. C. on the 15th day of October, 1940. GENERAL ORDER NO. 21 SUPPLEMENT NO. 1 Registration of persons entitled to practice before the United States Maritime Commission Paragraph 3 of the rules for the registration of persons entitled to practice before the United States Maritime Commission, as set forth in General Order No. 21, dated February 2, 1938, is hereby modified to read as follows: "3. Hearing.-The Commission in its discretion may call upon the applicant for a full statement of the nature and extent of his qualifications. If the Commission is not satisfied as to the sufficiency of the applicant's qualifications, it will so notify him by registered mail, whereupon he may request a hearing for the purpose of showing his qualifications. If he presents to the Commission no request for such hearing within 20 days after receiving the notification above referred to, his application shall be acted upon without further notice." W. C. PEET, Jr., Secretary. At a regular session of the United States Maritime Commission held in its office in Washington, D. C., on the 9th day of May 1941. GENERAL ORDER NO. 21 SUPPLEMENT NO. 2 Registration of persons entitled to practice before the United States The rules for the registration of persons entitled to practice before the United States Maritime Commission, as set forth in General Order No. 21, dated February 2, 1938, as modified by supplement No. 1, dated October 15, 1940, are hereby amended by adding thereto the following paragraphs: "6. Former employees.—(a) No person shall practice, appear, or represent anyone before the Commission in any matter to which he, as member, officer, or employee of the Commission, or as officer or employee of the United States gave personal consideration or as to the facts of which he gained knowledge during and by reason of his Government service. "(b) No former member of the United States Maritime Commission shall practice, appear, or represent anyone before the Commission or act as the employee of an attorney or agent, in any matter which was pending before the Commission during the period of his membership in the Commission. No former officer or employee of the United States Maritime Commission shall practice, appear, or represent anyone before the Commission, or act as the employee of an attorney or agent, within 2 years after the termination of his service with the Commission, in any matter which was pending before the Commission during the period of his employment by the Commission, unless he shall first obtain the written consent of the Commission. This consent will not be granted unless it appears that the applicant did not, as officer or employee of the Commission, or as officer or employee of the United States, give personal consideration to the matter, to handle which consent is sought, or gained knowledge of the facts of said matter during and by reason of his Government service. "7. Affidavit. Such applicant shall be required to file an affidavit to the effect that he gave no personal consideration to such matter and gained no knowledge of the facts involved in such matter during and by reason of his Government service, and that he is not associated with, and will not in such matter be associated with, any former member, officer, or employee of the Commission who has gained knowledge of the matter during and by reason of his Government service; and that his employment is not prohibited by any law of the United States or by the regulations of the Commission. The statements contained in such affidavit shall not be sufficient if disproved by an examination of the files and records of the case. "8. Applications for consent.-Applications for consent should be directed to the Committee on Admission to Practice and should state the former connection with the Commission of the applicant and identify the matter in which the applicant desires to appear. The applicant shall be promptly advised as to his privilege to appear in the particular matter, and the application, affidavit, and consent, or refusal to consent, shall be filed by the Commission in its records relative thereto. Separate consents to appear must be obtained by person to appear in separate cases. "9. Assistance by former employees.—No one entitled to practice before the Commission shall knowingly (1) assist a person who has been employed by a client to represent him before the Commission in connection with any matter to which such person as a member, officer, or employee of the Commission, or as an officer or employee of the United States, gave personal consideration, or as to the facts of which such person gained personal knowledge during and by reason of his Government service, or (2) accept assistance from any such person in connection with any such matter, or (3) share fees with any such person in connection with such matter. "10. Practice before the Commission.-Practice before the Commission shall be deemed to comprehend all matters connected with the presentation of any matter to the Commission, including the preparation and filing of necessary documents, and correspondence with and communications to the Commission. The term 'Commission' as used herein includes any division, branch, office, or field office of the United States Maritime Commission and any officer or employee of any such division, branch, office, or field office. "11. Application.-Notwithstanding anything herein, paragraphs 4, 6, 7, 8, 9, and 10 hereof shall apply to persons admitted to practice before the Commission and to any person appearing before the Commission on his own behalf or on behalf of a corporation, partnership, or association of which he is an officer or regular employee." By order of the United States Maritime Commission. W. C. PEET, Jr., Secretary. UNITED STATES MARITIME COMMISSION WASHINGTON At a regular session ofthe United States Maritime Commission held at its office in Washington, D. C., on the 2d day of April 1942 GENERAL ORDER No. 21 SUPPLEMENT NO. 3 Registration of persons entitled to practice before the United States Maritime Commission Paragraph 1 of the Rules for Registration of Persons Entitled to Practice before the United States Maritime Commission, as set forth in General Order No. 21, dated February 2, 1938, is hereby modified by striking out at the end thereof the words "for two years" and adding the words "until June 30, 1944", to read as follows: "1. Classes of persons who may be admitted.-The following classes of persons of good moral character found by the Commission to possess the requisite qualifications to represent others may be admitted to practice before the Commission until June 30, 1944. "W. C. PEET, JR., Secretary." Mr. BARGER. Section 807, which is mentioned in the Comptroller's report on page 12, reads as follows: It shall be unlawful for any person employed or retained by any shipbuilder or ship operator holding or applying for a contract under the provisions of this act, or employed or retained by any subsidiary, affiliate, associate, or holding company of such shipbuilder or ship operator, to present, advocate, or oppose any matter within the scope of the Shipping Act, 1916, as amended, the Merchant Marine Act, 1920, as amended, the Merchant Marine Act, 1928, as amended, the Intercoastal Shipping Act, 1933, or this act, before the Congress or any committee thereof, or before the Commission, unless such shipbuilder or ship operator shall have previously filed with the Commission in such form and detail as the Commission shall by rules and regulations or order prescribe as necessary or appropriate in the public interest, a statement of the subject matter in respect of which such person is retained or employed, the nature and character of such retainer or employment, and the amount of compensation received or to be received by such person, directly or indirectly, in connection therewith. It shall be the duty of every such person so employed or retained to file with the Commission within 30 days after the close of each calendar month during such retainer or employment, in such form and detail as the Commission shall by rules and regulations or order prescribe as necessary or appropriate in the public interest, a statement of the expenses incurred and the compensation received by such person during such month in connection with such retainer or employment. Whosoever shall violate this provision shall be guilty of a misdemeanor, Section 806 of the act appears to be the penalty section of the act, and it reads: (a) Whoever shall consult with, or enter into an agreement with, or inform any other bidder, or officer, director, executive, agent, or employee of any such other bidder, as to the amount, the terms, or the conditions of any bid submitted to the Commission prior to the public opening of such bids, or enter into any combination, understanding, agreement, or arrangement whatsoever, to prevent the making of any bona fide bid for any contract or charter under this Act, to induce any other person not to bid for any such contract or charter, or to deprive the United States in any way of the benefit of full, free, and secret competition in the awarding of any such contract or charter shall be guilty of a misdemeanor: Provided, That this section shall also apply to bidding for contracts under the provisions of Section 504 of this Act. (b) Whenever any natural person is found guilty in any district court of the United States of any act or acts declared in this Act to constitute a misdemeanor, he shall be punished by a fine of not more than $10,000, or by im prisonment for not less than one year or more than five years, or by both fine and imprisonment. Whenever any corporation is found guilty of any act or acts declared in this Act to be unlawful, such corpóration shall be punished by a fine of not more than $25,000. (c) In addition to the punishment prescribed in subsection (a) of this section, any person or corporation convicted of a misdemeanor under the provisions of this Act shall be ineligible, at the discretion of the Commission, to receive any benefits under titles V and VI of this Act, or to receive a charter under title VII of this Act for a period of five years after conviction. Now, Mr. Bon Geaslin had something to say about his admission of December 1939. The records of the Commission, as shown to us, indicated that his admission was a general one without respect to the representation of anybody, and I want to call attention to the fact that section 807 is directed to any person employed or retained, and it has no relation whatsoever to a former employee who has resigned and leaves the service. Now, we examined the statements filed by Mr. Bon Geaslin, and by the corporation, and found that no statements were filed either by Mr. Bon Geaslin or by the corporation until January, 1942, that there was no statement filed by the corporation in May, 1940, when Mr. Bon Geaslin represented the company in connection with the purchase of the five old vessels, and, in fact, the records of the Commission at that time showed monthly statements of Mr. Bon Geaslin as follows: Statement of October 19, 1941, for the month of September, salary, $625 a month. Reimbursements for expenses, $127.82. It stated that his activities for the corporation were conferring with the staff of the Maritime Commission regarding contracts, employment of vessels, provisions of ship warrants act, payment for charter hire, payment of agency fees, approvals of charters, and so forth. That being the case there was no statement filed with the Commission by Mr. Bon Geaslin for the period from the beginning of his representation in April or May 1940-he says it was in May, and Mr. Garner testified that it was in April, and the answer of the Commission, filed with Congressman O'Leary, fixes the time as in April, but there were no statements filed to the period from May 1940, to October 1, 1941. Those monthly statements run through November 1941. The statement of December 1, 1941, filed for the month of November 1941 shows that the salary was $1,000, and reimbursements, $324.22. The one of January 1, 1942, which was filed on that date, or dated that date, for December 1941 shows salary of $2,000, and reimbursements of $457.89, and reflects that $1,000 includes $1,000 additional compensation for the year 1941. Mr. CULKIN. Are those disbursement items? Mr. BARGER. I would not say for sure, but that is the total. Mr. CULKEN. What were they? Mr. BARGER. Some of them were items for telephone calls and telegraph. I do not remember whether there was any office rent. I do not remember the other details. Mr. CULKIN. Was there any entertainment in there? Mr. BARGER. I did not notice any; no, sir. Mr. CULKIN. There was no wine purchased? Mr. BARGER. I did not see any. I think if I had seen that I might have made copies of all of them. |