e and - Detache BIOGRAPHICAL SKETCH OF CAPT. AUSTIN C. WAGNER, U.S. COAST GUARD High School, Mount Vernon, N.Y., Severna School, Severna Park, Md., and nie? Lehigh University, Bethlehem, Pa. He graduated from the U.S. Coast Guard Academy, New London, Conn., with a B.S. degree and a commission as ensign on December 19, 1941, shortly after the bombing of Pearl Harbor. During World War II, he served his first assignment on board the Coast Guard 17. dt 13 combat cutter Campbell on North Atlantic convoy escort duty until June 1943, er and qe during which the cutter attacked four submarines and sank a fifth in February of 1943. During the remainder of the war he served first as executive officer and Between August 1945 and August 1948, he served as adviser and instructor ded to in the establishment of a Coast Guard for the Korean Government. During the following 2 years, he was director of the Coast Guard Auxiliary and recruiting From September 1951 to July 1955, he was stationed at the Coast Guard station patrol in the North Atlantic until August 1957. At that time he was n internet reassignel to the first district office in Boston as diretcor of auxiliary and as il pidime public information officer. In July 1960, he was assigned to Coast Guard Headquarters, Washington, D.C., as a where he first served as assistant chief and then as chief, special services division, office of personnel, for 4 years. His duties in that post dealt with medals and MADTo awards, morale and discipline, survivors benefits, and personnel security among Captain Wagner served his next tour of duty as commandant of the cadets at Captain the Coast Guard Academy from July 1964 to July 1967. At that time he assumed be raise his post as commanding officer of the Coast Guard Base, St. George, Staten Island, N.Y. In June 1968, he became commanding officer, Coast Guard Base, Governors ty Tin Island, NÀY. Captain Wagner's World War II campaign service medals and ribbons include ci il the following: American Defense; American Area; European-African-Middle une liste Eastern Area (with three battle stars) ; Asiatic-Pacific;. Navy Occupation for alis his Korean service, as well as the Navy Commendation Ribbon. He also has the Bosto. National Defense Service Medal and Ribbon. He was promoted in rank as follows: Cadet, August 5, 1938; ensign, Decem-al and ber 19, 1941 ; lieutenant (jg.), October 1, 1942; lieutenant, May 15, 1943; lieutenant commander, October 3, 1945; commander, June 1, 1956; captain, July 1, 1963. Captain Wagner was married on August 7, 1942, to the former Elaine C. WagHe sa mer correct) of Delmar, N.Y., a graduate of the Connecticut College for Women. They have three sons, Keith (Feb. 16, 1944) ; Cort (Dec. 10, 1919); Craig (March Drittet 24, 1951). Nominated for rank of rear admiral, June 5, 1970. Prestito others. (2vial / Senator HARTKE. Mr. Brewer, do you have a statement you would like to make this morning? Mr. BREWER. Thank you Mr. Chairman. I believe not. Senator HARTKE. Mr. Brewer, we are involved in a time in which the thie pe Interstate Commerce Commission is the subject of some discussion, especially in light of the recent events concerning the Penn Central Railroad and the potentials of what may happen to some of the other railroads. Senator Hartke. Have you read the Nader report o . Do you have any views as to wh nk you can make a valuable contribution Mr. Brewer . I think very careful studies have service on the ICC? Thether conglomerates are good or bad, whether the Mr. Chairman. I am delighted to have whether they don't. I am reminded, as just a bac pre you and to answer your questions. + the Bank Holding Act of 1956, which was created experience in Government, many years Tavern Bancorporation and I have some feeling of with transportation problems, 10 years her company should have other interests. ut the United States and Alaska, as an I would want to find out whether there was disi nistrator for many years, as regional in.reda, diverting funds into other areas. I don't kn partment with 1,400 post offices, 18,000 are some of the problems we have, some of the questi ntain area that was facing very many sk . I do not pose as being knowledgeable in this sportation of mail, I have ridden many vald vant to ask those questions and try to get the d people, negotiated contracts with many ncial area as president of a corporation read the transcript of his testimony. other means of transportation. ' viewpoint, I know the problems of the of the problems of trying to get your and be a public counsel for the IOC? mpany we had a fleet of our own common r trucks, which seems to me to be some of their problems. at a considerable amount of time dealing that. I would like to find out a little bit more about 5, particularly in the Four Corners ares. a comprehensive plan, a long-range Of that Commission was development of the well and very broadly. Four Corners Commission. for the underdeveloped areas of the Naybe I would be able, hopefully, to gather Senator Hartke. This appointment is for 7 years information and assess it and make any has been open since the first of January of this ! wer, have you made any special studies stances surrounding the ICC's hearingsr. BrzwER. Yes, sir. sight? ead the hearings you presided over, and litman about the Federal Railroad Administratio as carefully as I could in the time I have a ning very shortly. Mr. Brewer. The ombudsman type thing? , call it what Mr. Brzwer. Well, that is what we use. I don't have It's my impression that the ICC should be the ad ser fest , and the shipper and of the carrier, keepi alysophy of the national transportation policy, wh Joznat say at this point whether I have a strong hat, as to whether or not it should have a public cour probably a little less. But it is your intention to serv Sestor Hartke. I might remark that the same w It k it would be probably a little presump- the other committees. ou come to any conclusions about what I might not be able to serve out the 7 years. posals, if any, you might have for the Stator Baker. Let me hasten to say to the witnes partly facetious. I think as you probably know, t moment was to authorize the creation of a commiss bility of a consolidation of functions of the o (unigaion, and the ICC. I couldn't resist that ji you have made a valuable contribution in 10 admiration for this witness, Mr. Chairmai wator Hartke, Senator Cotton, do you have any asumer view point, from the shipper vier 30:Cotton. Yes, I have a few questions, Mr. C I think we are in a crisis in transportation cing with the other commissioners I would inter, and had an interesting conversation w cion by finding solutions to some of thes Du studied the ICC staff study on conglom 18. tour investments. As is our custom, that -ot. I do have some views on conglomerates Dend of this proceeding but will be retaine W use when I get on the Commission. re some of those views? may I say that I have gone into as much impressed by your background ar your reco assume you have filed ation problemi 77g to II' OTOM me to be reas oft Mr. BREWER. I think very careful studies have to be made as to whether conglomerates are good or bad, whether they solve anything Tigiteht or whether they don't. I am reminded, as just a background thought, Fur Clå of the Bank Holding Act of 1956, which was created when I was with Western Bancorporation and I have some feeling of whether or not a blema carrier company should have other interests. I would want to find out whether there was disinvestment in the railroads, diverting funds into other areas. I don't know this. But these are some of the problems we have, some of the questions I would want to ask. I do not pose as being knowledgeable in this area at all, but I would want to ask those questions and try to get the answers. Senator HARTKE. Have you read the Nader report on the ICC? Mr. BREWER. The testimony. I have not read the report in detail, but fa corpo I read the transcript of his testimony. Senator HARTKE. Do you have any views as to whether or not there Mr. BREWER. The ombudsman type thing? Mr. BREWER. Well, that is what we use. I don't have any strong views It is my impression that the ICC should be the advocate of the consumer first, and the shipper and of the carrier, keeping in mind all the philosophy of the national transportation policy, which seems to cover rather well and very broadly. I cannot say at this point whether I have a strong opinion, I do not have, as to whether or not it should have a public counsel. Senator HARTKE. This appointment is for 7 years, although the va- Mr. BREWER. Yes, sir. Whitman about the Federal Railroad Administration. I understand he Mr. BREWER. In view of Senator Baker's statement a few moments ago, I might not be able to serve out the 7 years. Senator BAKER. Let me hasten to say to the witness that I was being partly facetious. I think as you probably know, that the bill I introduced was to authorize the creation of a commission to consider the feasibility of a consolidation of functions of the CAB, the Maritime isloc Commission, and the ICC. I couldn't resist that jibe, because I have such an admiration for this witness, Mr. Chairman, having had him Senator HARTKE. Senator Cotton, do you have any questions? I say that I have gone into your record with some care Mr. Brewer. Thank you, Senator. fuli , top t and a he time ittle point ion 25/ ontribuir sh. TANTE ongel ision 11 10 year ended December 31, 1969, operating revenues of ng of course is open to the inspection of het inome after taxes of $1,628,375. e it here. Acordingly it would appear that the subsidiary p your point of view you have any invest stributes to the consolidate company approximately you or might be regarded as a possible perennes and 9 percent of the net income of all the co duties as an Interstate Commerce Sol am not aware of any other holdings that are su nisson and I would disqualify myself immediately, that is no at this time. I need to quality Company or any of its subsidiaries become invo nto this very carefully and in my letter to win the Commission The pipeline regulation, I am told by members of a Williams Bros. upon my confirmation medievalnation. Since 1961 only nine pipeline I detailed all of my holdings. exclusively a pipeline company. to your he company. It deals with oil pipelines as base I think unfair inferences may the ICC General Counsel's office upholds ya under consideration involving a pipeline? Mr. Brewer. Right. bare been protested amounting to 0.00037, so it is m Bet the advice I have from the General Counsel of OS., a small company in Oklahoma. I but the de minimus rule, is there is no way I could casting any kind of a vote in the matter. you say the nature of that company was! Senator Cotton. I don't like to go into these ma be drawn, bu - letter promptly upon contour answer that : First, a very, very minimal part Company's activities are regulated by the Commission th Ashland Oil and Refining Company of Kr. Brewer. Yes. Szator Corrow. Second, your stock ownership is y carefully and I have discussed the mattist proportionately to the outstanding stock of of the Interstate Commerce Commission Mr. Brewer. Right. Dunsel. And the answer is that there is not Nerator Cotton. And, third, it would be your inten _ve any great impact. In fact, the de mini elf from participating in any case which the C El are traded on the New York Stock Ex Senator Cotton. I think that attitude is entirely cor olders of shares of common stock. Based on commission in a position where they must 30, 1968, there were 5,335 holders of share Ion't like to see the situation arise where wes 1969, Ashland Oil, Inc, had on Septemmer situation, because it would be so infrequent] of which I hold 2,733 shares and the Commissioner would have to disqualify hin Ending as of September 30, 1968, 20,426,76 Ils gather that although your holdings in Ashla far less than 1/10 of 1 percent. According they are rather substantial compared with you that company as minimal could be consid Cortos. And if you had to dispose of th shland Oil, Inc. for the year ended Decem*Bezwer. A very great sacrifice at this point. vator Coor. May I say, Mr. Chairman, along t] ssets of $70,310,861. As to total net as M. Brewer, we Kentuckians are kind of to the Interstate Commerce Commission _vere $846,412,000. This would indicate that his stock, but knowing the activities sites to the consolidate company appros position that if he were forced to dis Inc. on a consolidated balance sheet as ollentucks-based corporation. I have no idea as from participating in certain classes of cases. 148 shares of $2.40 cumulative convertible to do it. But a Commission could get into a sit ilable to me, and upon examination of dings are very very low. In fact my tota which I hold 1,465 shares and this would Kistratirely intolerable. wmpared with the total amount of stock outsta ments of the Ashland Pipe Line Company bitert substantial loss at this time. tal assets of all the companies. The pared solidated income account for the fiscal yestos. I wasn't suggesting that he disp alkland. I am sure that if we need any assurance net sales and revenues of $1,151,499,000 and the company it has been furnished by =52,343,000. The subsidiary reported for the my that the year ended December 31, 1969, operating revenues of $14,326,709 and Accordingly it would appear that the subsidiary pipeline company ce contributes to the consolidate company approximately 1 percent of the as revenues and 9 percent of the net income of all the companies. So I am not aware of any other holdings that are subject to the Com mission and I would disqualify myself immediately should Ashland eddy Oil Company or any of its subsidiaries become involved in anything in or before the Commission. The pipeline regulation, I am told by members of the Commission, have been protested amounting to 0.00037, so it is mostly evaluation. But the advice I have from the General Counsel of ICC, who talked | Oklot about the de minimus rule, is there is no way I could benefit myself by casting any kind of a vote in the matter. Senator Cotton. I don't like to go into these matters too deeply oil pipe because I think unfair inferences may be drawn, but I gather from pelin your answer that: First, a very, very minimal part of the Ashland Company's activities are regulated by the Commission? Senator Cotton. Second, your stock ownership is a very minimal mondi amount proportionately to the outstanding stock of the corporation? Mr. BREWER. Right. Senator COTTON. And, third, it would be your intention to disqualify act, these yourself from participating in any case which the Commission might have under consideration involving a pipeline? Senator Cotton. I think that attitude is entirely commendable. HowZolders ever, I don't like to see the situation arise where we start having memostat bers of a commission in a position where they must disqualify themer selves from participating in certain classes of cases. I am not thinking of your situation, because it would be so infrequently that you would or that Commissioner would have to disqualify himself from almost in fare every decision, which could develop into a situation that would be administratively intolerable. I also gather that although your holdings in Ashland are very mini mal compared with the total amount of stock outstanding in the comIt doit pany, they are rather substantial compared with your other holdings? Mr. BREWER. Precisely. Senator COTTON. And if you had to dispose of that stock, it would be a great personal sacrifice. Mr. BREWER. A very great sacrifice at this point. Senator Cook. May I say, Mr. Chairman, along that line, that in all fairness to Mr. Brewer, we Kentuckians are kind of partial to Ashland Oil, a Kentucky-based corporation. I have no idea at what price Mr. Brewer bought his stock, but knowing the activities of the market, he could be in a position that if he were forced to dispose of it, it would mean a very substantial loss at this time. Senator Cotton. I wasn't suggesting that he dispose of his holdings in Ashland. I am sure that if we need any assurance about the respectability of the company it has been furnished by the Senator from Kentucky had 01 1963 and a could be Linelis rendal ce Con total na portali |
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