Senator LA FOLLETTE. You are not positive of that fact?

Mr. Fox. I believe it is. I notice it has corrections in my handwriting.

Senator LA FOLLETTE. To the best of your knowledge and belief it is?

Mr. Fox. I believe it is.

Senator LA FOLLETTE. Mark that as an exhibit.

(The document referred to was marked "Exhibit 18" and filed with the committee. See p. 1124.)

Senator LA FOLLETTE. Now you were requested or commanded in the subpoena to produce papers and data of this character which we have been discussing. Are these all of the papers which you have in your possession or that are available to you?

Mr. Fox. Oh, no. These are all sugar [indicating], and those represent only a small part of the file of material available at the time.

Senator LA FOLLETTE. Have you any other drafts of the report? Mr. Fox. Here is one on the calendar-year comparison, prepared by Doctor Brossard. Shall I submit all of these?

Senator LA FOLLETTE. I prefer to have you submit them, as you are being examined, so that we can question you about them. What is the first paper you refer to there?

Mr. Fox. "The calendar-year comparison. Description of method. Criticism." There is written in my handwriting, I believe, "prepared by Doctor Brossard."

Senator LA FOLLETTE. Will you submit that as an exhibit?
Mr. Fox. Yes, sir.

(The document referred to was marked "Exhibit 19" and filed with the committee. See p. 1157.)

Mr. Fox. Of course, these notations were made after the preparation of the report, I believe, and when this rough material was all filed in the economics division.

Here is one that has some tables and the handwriting looks to me like Doctor Brossard's "Reply to inquiry No. 1." I believe that is in answer to a request by the President for supplementary information. He made a number of inquiries, and this seems to be tables along that line.

Senator LA FOLLETTE. Will you submit that as an exhibit?

(The document referred to was marked "Exhibit 20" and filed with the committee. See p. 1159.)

Mr. Fox. Most of these are single sheets of paper, no handwriting. Senator LA FOLLETTE. Do not put in any of which you are not certain.

Mr. Fox. Do you want me to describe these?

Senator LA FOLLETTE. Those that you are sure of as to who prepared them, I would like to have you refer to them as you go over them, and we will decide whether they should be made exhibits or not. Mr. Fox. Here is a short statement from Mr. Comer to Doctor Turner, the subject of which is it reads:

Early next week much of the preliminary data on sugar will be available for examination. It is requested the economics division examine these data and hold conferences with Doctor Bernhardt and myself

Senator LA FOLLETTE. I do not think that needs to go in. It does not bear on the preparation of the report.

Mr. Fox. Here is one on advantages and disadvantages. That is Dean Turner's and mine.

Senator LA FOLLETTE. Can you be certain which?

Mr. Fox. Well, I believe the abstract of the statement previously submitted dealing with advantages and disadvantages was prepared on Sunday. On Monday we abstracted a part, and I believe this part went into the report.

Senator LA FOLLETTE. You say "we." Who do you mean?
Mr. Fox. Dean Turner and I.

Senator LA FOLLETTE. I think that should be marked as an exhibit. (The document referred to was marked "Exhibit 21" and filed with the committee. See p. 1160.)

Chairman ROBINSON. May I ask a question to be clear? What was the object of the preparation of these various memoranda to which you are referring? At whose direction were they prepared and what use was made of them?

Mr. Fox. The memoranda that I prepared were made at the direction of the chief economist, some of them, and some of them were made on my own initiative. Others I could not say. It is usual as reports are going through now-most certainly I, as chief of the division, request the preparation of such reports.

Chairman ROBINSON. What was the object of them? For what purpose were they prepared?

Mr. Fox. Those that I prepared were prepared because of my association with the sugar investigation and my keen interest in the various phases of the subject which were being considered, such as the years to be considered, the question of using early data, and others.

Chairman ROBINSON. What was the object of those prepared by Doctor Brossard and other members of the staff?

Mr. Fox. I could not say, sir.

Chairman ROBINSON. Did this matter of the preparation of these memoranda take the same or similar course as that which is taken in all important cases, or was it an unusual course?

Mr. Fox. I believe the same course as is being taken.

Senator LA FOLLETTE. These draft reports, for instance, were not submitted to the whole commission?

Mr. Fox. Oh, the draft reports-I understood the chairmanChairman ROBINSON. No. I was not referring to the draft reports alone. I was referring to the various memoranda, but what I am getting at is whether this was in pursuit of the established custom of the commission or whether there was something unusual about the procedure of various members of the staff preparing memoranda, some of it, after the report had been made.

Mr. Fox. This was before the report was made.

Chairman ROBINSON. Well, there are memoranda here which you said Doctor Brossard and others prepared which were evidently made after the report, because it says:

The sugar report has not been so conducted as to lay before the President a full and fair presentation of the facts and principles involved.

Mr. Fox. I believe that was prepared while the report was being considered by the commission.

Chairman ROBINSON. But after the report had been prepared. On its face, it shows that.

Senator LA FOLLETTE. That was prepared, was it not, with the intention of it being included in the report?

Mr. Fox. In order that I may not personally be confused, may I make it clear that there were really three documents. One was the report prepared by the chief of the sugar division, Doctor Bernhardt, which might ordinarily be called the sugar report, or in the case of butter, the butter report, initiated and originated in the division in which the subject was involved.

Chairman ROBINSON. May I ask you a question in that connection? I am trying to get it clear in my own head. Was it the object of most of these memoranda to assist the commission in arriving at a report?

Mr. Fox. I could not answer that. The sugar report itself was not sent to the advisory board. The sugar report prepared by Doctor Bernhardt went directly to the commission and was considered by the commission, with certain experts sitting with them, as I recall it, Mr. Bernhardt and Dean Turner. My name was left off the order for some reason or other. I sat in with the commission a number of times. I think Doctor Simpson and Doctor Rutter sat in also and Doctor Townsend, too. I do not recall who else.

Chairman ROBINSON. I understand that pretty much everybody on the staff of the commission was preparing memoranda about this sugar report, and there was a very hectic condition there, whatever you may mean by that. Now. I want to know if you can tell me how it happened that that condition existed, what caused everybody to turn themselves to the preparation of memoranda about this sugar report, unless it was to be used in the preparation of the report? What was the reason for that and what was the object?

Mr. Fox. In that respect it is nothing unusual, when a subject matter is under consideration, especially one of great importance like sugar, or even butter, when members of the staff who thought they had certain ideas, would attempt to develop those ideas.

Senator LA FOLLETTE. As a matter of fact, Mr. Fox, these drafts of opinion, when prepared, were they not for the consideration and the assistance of Mr. Marvin and Mr. Burgess in the preparation of their report?

Mr. Fox. I can only speak for myself. When I prepared those memoranda I had no idea in the world what use was going to be made of them. All I knew was that I was one who claimed to be and hoped he was scientific, and who had had very close touch with the actual field work of the investigation, and who thought he knew some of the problems of the investigation, who was spending his time studying those problems intimately to make certain of his own position. What use was going to be made, if any, of them I could not say.

Senator LA FOLLETTE. But at this time in July, when you say it was decided to prepare the report, there was a tremendous amount of pressure evidently on those who were interested in it, and just tell the committee what was done, for instance, with the data that you prepared? To whom did you turn that over when you had finished with it? You said you were working nights and days on this material. What was done with it?

Mr Fox. Nothing was done with it until the latter part of July, when it was decided to prepare the draft or what might become the draft of the Marvin-Burgess report.

Senator LA FOLLETTE. Exactly.

Mr. Fox. We organized, and when I say that

Senator LA FOLLETTE (interposing). You say "we organized." Who organized?

Mr. Fox. Dean Turner and myself.

Senator LA FOLLETTE. Anyone else?

Mr. Fox. Doctor Brossard, too, was present.

Senator LA FOLLETTE. You say that you decided to organize to get out this report?

Mr. Fox. Yes.

Senator LA FOLLETTE. Now, you were not working on something that you did not know what was going to be done with, were you? Mr. Fox. That is happening all the time.

Senator LA FOLLETTE. No, but you say that you organized to get out the draft of this report.

Mr. Fox. Oh, then we knew.

Senator LA FOLLETTE. For whom was it intended?

Mr. Fox. That draft? Chairman Marvin and Mr. Burgess, to serve as the draft.

Senator LA FOLLETTE. So that is the basis of their report?
Mr. Fox. Yes.

Senator LA FOLLETTE. That is correct, isn't it?

Mr. Fox. Yes. and we used all of these memoranda prepared-that is, all I prepared. I said honestly I had no idea what use might be made of them. I just stated each of the studies that I was interested in, and then we arranged during that conference, Dean Turner was to do all of the dictating, I examined all of the material available prepared by the various men, sorted it out, arranged it in logical order, examined it to see where it fitted in-I acted as sort of a handy man.

Senator LA FOLLETTE. And what was Doctor Brossard's work? Mr. Fox. I do not recall that any special function was assigned to him. I personally took care of everything that went into that report.

But toward the end I believe Dean Turner and I requested Doctor Brossard to check the figures, because at that time I was getting to a point where I was not as sure of myself, as I had been at the beginning.

Chairman ROBINSON. What does he mean by that?

Mr. Fox. I mean that when we prepared this draft Dean Turner did the dictating and I took the responsibility of every figure that went in there, whenever a figure had to appear in a table.

Senator LA FOLLETTE. And you say that Doctor Brossard was present during the preparation of this draft?

Mr. Fox. With certain exceptions. He was not there some evenings. He was not there the first evening. He was not there another evening. He was not there Sunday, and then the very last night we worked pretty late.

Senator LA FOLLETTE. How late did you work?

Mr. Fox. Dean Turner, Doctor Brossard and Mrs. Garland left at 3.30. I stayed all night, tying up the loose ends, getting ready

for the last spurt in the morning, and personally preparing all the charts to go into the report.

Senator LA FOLLETTE. Did Doctor Brossard contribute to the preparation of this draft report?

Mr. Fox. It is difficult to answer that.

Senator LA FOLLETTE. There were three men there, all of you working on this thing, and each one must have known what the other was doing.

Mr. Fox. Oh, yes. We used all the ideas that were available. Senator LA FOLLETTE. Then you can answer my question, can't you, Mr. Fox?

Mr. Fox. I would not be able to identify what Doctor Brossard did.

Senator LA FOLLETTE. I am not asking you to identify it; I am asking you the question as to whether or not he contributed to the preparation of this draft report.

Mr. Fox. In a measure, I suppose.

Senator LA FOLLETTE. Can you state how?

Mr. Fox. He had prepared such memoranda as we all did. We tried to use as much of that as we could. His contribution, as I recall it his definite contribution, as I recall it arose from the fact that as we were proceeding with the report Dean Turner had assigned to one of the economists, Doctor Mixter, the preparation of a statement setting forth the economic bases for comparing Cuban sugar with United States beets, and when we came to that point and examined Doctor Mixter's statement, as I recall it, it appeared that it would not fit into the report or the draft being prepared. I believe that was a Thursday night-I would not be certain. We broke up rather early that evening, and the next day we decided perhaps the best thing to do was to have Doctor Brossard, because of his familiarity with the subject of sugar beets, prepare a statement setting forth every reason that he could think of from his own memorandum and elsewhere, the why of beet sugar-why sugar beets or beet sugar should be used in the comparison. I believe that was the reason that statement was prepared to which I referred here, that 4-page statement. Then we went through and we picked out, you will notice in Dean Turner's hand writing, such ideas as it seemed would fit into the report.

Senator LA FOLLETTE. Are there any records showing who worked upon this report, either in or out of office hours?

Mr. Fox. Of course in office hours, the only thing I can think of would be the monthly reports. Each division submits to the Secretary each month a statement of the work done by each member. I have in the last few weeks a statement of work done by my own members each week. In addition to that, when we enter the building outside of office hours, we all sign up.

Senator LA FOLLETTE. That is, you sign as you come in and go out?

Mr. Fox. Yes. No; we sign as we go in, recording the time, and then the time we leave.

Senator LA FOLLETTE. What do these records with regard to hours outside of the regular office hours show at this period?

Mr. Fox. Why, I suppose the record itself, the register, would show.