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MS. BENTLEY. Yes, right.
Senator METCALF. I understand, I don't know whether the Federal Maritime Commission is unique, but at least it does work and have reporting services in connection with regular agencies of the executive department, in this case the Treasury. Isn't that correct? And of course the Department of Commerce.
MS. BENTLEY. The Treasury and Department of Commerce. That is right. And the ICC.
Senator METCALF. I was concerned when I read your statement, Madam Chairman, about the suggestion that this information was confidential. I know that there has been complete cooperation with this committee and no withholding of any information, but I am wondering why this information is not open to public inspection.
You may have a perfectly legitimate explanation and I am just asking.
MS. BENTLEY. It is really information that we keep confidential, that concerning the financial picture of a company. We retain it on a confidential basis and we keep it.
Senator METCALF. That is material respecting rates or something of that sort?
Ms. BENTLEY. No. There are financial-income-certain information that is given to us, the cost bases and things that they used to base their costs on. That information we retain on a confidential basis and we do keep it confidential.
Senator METCALF. Is that filed in a different file than this information as to the ownership and reports of ownership of these companies? Ms. BENTLEY. No, it is filed in the same file.
Senator METCALF. Because part of the information that is in that file you feel is confidential, all of it is being withheld from the public? Ms. BENTLEY. Any time anybody wants the information concerning the corporate interlocking, that they can get, but they have to ask for it. We do not give them the financial statement.
Senator METCALF. You will then examine the files and supply it to them?
Ms. BENTLEY. Yes.
Senator METCALF. I have no way of knowing and I certainly respect. the decision that certain information that is needed for regulatory agencies to do its job might be information that unless it was kept confidential, especially a shipping company or a railroad line, would be reluctant to give.
So I just wanted an explanation as to why, and you just seem to assume since this is confidential it isn't open to dissemination.
But material that is collected here can be available to responsible members of the public and you will digest it from the report?
Ms. BENTLEY. Yes, sir. We have set up our procedure strictly under the Freedom of Information Act, so that we comply with that to the fullest extent.
Mr. TURNER. Mr. Chairman, I have a problem as counsel here. I have here before me a considerable amount of Xeroxed pages from reports that I inspected in your Commission last week.
These are from documents that were stamped "Administratively Confidential" or whatever. I would like to put these in the record of this hearing.
They relate to stock ownership, long term, short term debt, and a raft of fiscal and operating information. I think your counsel knows what they are and has copies of them. But I wouldn't know where to draw a line across a particular figure, or what to do in making the information public.
It seems to me that this problem can be solved by your counsel and I going over the material and seeing what could be made available, but the real problem, it would seem to me, would be for the public, when they go down to the Federal Maritime Commission to be able to obtain the corporate information that is contained in these reports as separate from the fiscal or financial information that you need for your ratemaking.
Is there a possibility of your considering separating the basic information that you know is really not confidential from that which is confidential, with respect to ratemaking, competitive information.
MS. BENTLEY. That would not be a difficult thing to do. It would be better for us to have it all in one file, but certainly we could separate the two and have two sets of files. We have thus far been able to respond to every request in the way we have had the file set up.
In regard to these, I would prefer to have counseling over them with you since he gave them to you and knows that the contents are in detail. If it is to your preference that we separate the files, we would be very glad to do that. That is no problem.
Senator METCALF. This committee isn't telling you, Madam Chairman, how to run your agency, except to make suggestions in accordance with the provisions of the statute.
The reason I embarked upon the line of inquiry was because I wanted you to tell me. If you feel, and I think counsel feels, after discussing some of these with your counsel, I see no reason why you shouldn't go ahead with the present method if you are taking care of everybody that makes inquiries.
If there were a lot of inquiries, I could see how a separate file might be necessary.
Ms. BENTLEY. We don't have a lot of inquiries. In fact, we have very, very few and that is one of the reasons why we thought this would be more efficient and easier.
Senator METCALF. I hope that the staff and some member of your staff will at least get together to see what without violation of the rules of your Commission we can incorporate in the record that may seem helpful or useful.
Ms. BENTLEY. They have been working together, I know.
Senator METCALF. I have been told we have had splendid cooperation.
Ms. BENTLEY. We will continue to do so.
[The information referred to follows:]
MATSON NAVIGATION COMPANY
SCHEDULE 1001. IDENTITY OF RESPONDENT
Answers to the questions asked should be made in full, without reference to data returned on the corresponding page of previous reporis, in case any changes of the nature referred to under inquiry 6 or 7 on this page have taken place during the year covered by this report. they should be explained in detail on page 94.
1. Give in full the react name of the respondent. Use the words "The" and "Company" only when they are parts of the corporate name. The corporate name should be given uniformly throughout the report. motebay on the cover, on the title page, and in the Oath (p. 95). If the report is made by receivers, trustees, a committee of bondholders, or individuals otherwise in possession of the property, state names and facts with precision.
3. If incorporated under a special charter, give date of passage of the act; if under • general law, give date of filing certificate of organi bation, if a reasganization has been effected, give date of reorganization. If a receivership of her trust, give also date when such re
ceivership or other possession began. If a partnership, give date of formation and also names in full of present partners.
4. Give specific reference to laws of each State or Territory under which organized, citing chapter and section. Include all grants of corporate powers by the United States, or by Canada or other foreign country; also, all amendinents to charter.
6. Give specific reference to special or general laws under which each consolidation or merger or combination of other form was effected, citing chapter and section. Specify Government, State, or Territory under the laws of which each company consolidated or merged or otherwise combined into the present company was organized; give reference to the charters of each, and to all amendments of them. 7. State the occasion for the reorganization, whether by reason of foreclosure of mortgage or otherwise, according to the fact. Give date of organization of original corporation and refer to laws under which organized.
1. Exact name of respondent making this report Matson llavigation Company
2. State whether respondent is a common, contract, or industrial carrier.
). Date of incorporation.
February 9, 1901
4. Pater lave of what Government, State, or Territory organized? Give specific reference to each charter or statute and all amendments thereof, effected during the year. If previously effected show the year(s) of the report(s) setting forth the details. If in bankruptcy, give court of Jurisdiction and dates of beginning of receivership or trusteeship and of appointment of receivers or trustees. State of California
4. If the respondent was formed as the result of a consolidation or merger during the year, name all constituent and all merged companies, N/A
7. If respondent was reorganized during the year, give name of original corporation, and state the occasion for the reorganization.
8. State whether or not the respondent during the year conducted any part of its business under a name or names other than that shown in response to inquiry No. 1, above; if so, give full particulars.
Business also conducted under trade name of "Matson Lines"
3. Give name of operating company, if any, having control of the respondent's property at the close of the year.
10. Names of related ocpesies
The Oceanic, Steamship Company
Matson Services, Inc.
Matson Agencies, Inc.
The Matson Company (inactive)
Alexander & Baldwin, inc. and its subsidiary
particulars of the various directors and officers of the reat the clo
2. State 140 Cooma tel of Schedule No. 1002 and culuma (d) of Schedule No. 1003, the number of voting shares of the respondent, other than directors' qualifying shares, that were beneficially owned, directly or indirectly, by each director or principal general officer at the close of the year. This includes shares owned of record, shares owned through holding companies, trusts or other mediums, and shares owned but held in the names of brokers or other nominees. insert the word "None" where applicable.
principal general officers having system jurisdic by departments.
their names and tides, and the location of their offices.
4. If the duties of an officer extend to more than one department,
J. In schedule No. 1003 give the title, name, and address of the
21. Give the names and titles of all officers of the board of Directore in control of the respondent at the close of the year. Chairsan of board, L S. Pricher
Secretary (or clerk) of board Willis R. Deming
22. Nape the members of the executive cocmittee of the Board of Directors of the respondent at the close of the year (naming first the chairman), and state briefly the povers and duties of that committee:
SCHEDULE 1003. PRINCIPAL GENERAL OFFICERS OF CORPORATION, RECEIVER, OR TRUSTEE (Designate by x)
Title of general officer (a)
n Ch. of the Board
"Senior Vice Pres
Cenior Vice Pres "Senior Vice Pres * Vice President nVice President
Departent or departsents
40 Nre Pres, & Asst. Sect.
4 Vice President
2 Vice President
4 Asst. Secretary
SCHEDULE 1006. CORPORATE CONTROL OVER RESPONDENT⚫
1. Did any corporation or corporations, transportation or other, hald control over the respondent at the close of the year?
2. Did any individual, associatios, or corporation hold control, as trustee, over the respondent at the close of the year? if control was so held, statei (a) The name of the trustee
(b) The name of the beneficiary or beneficiaries for whom the trust was maintained
(c) The purpose of the trust
1. The respondent is required to send to the Bureau of Accounts, Immediately upon preparation, two copies of its latest annual report