COMMITTEE ON THE JUDICIARY EIGHTY-THIRD CONGRESS AUTHORIZING THE COMMITTEE ON THE JUDICIARY TO NOVEMBER 16, 17, AND 18, 1953 Printed for the use of the Committee on the Judiciary COMMITTEE ON THE JUDICIARY CHAUNCEY W. REED, Illinois, Chairman LOUIS E. GRAHAM, Pennsylvania RUTH THOMPSON, Michigan PATRICK J. HILLINGS, California SHEPARD J. CRUMPACKER, JR., Indiana USHER L. BURDICK, North Dakota EMANUEL CELLER, New York J. FRANK WILSON, Texas HAROLD D. DONOHUE, Massachusetts BESSIE M. ORCUTT, Chief Clerk SPECIAL SUBCOMMITTEE TO INVESTIGATE CLAIMS ARISING OUT OF THE EXPLOSIONS J8 CONTENTS Hon. Clark W. Thompson, a Representative in Congress from the Russel H. Markwell, attorney, Galveston, Tex... Page Mr. Graham, photographer, representing Fox Movie Films, Texas Adrian F. Levy, Jr., attorney, Galveston, Tex.- James H. Phipps, attorney, Galveston, Tex... Carl G. Stearns, attorney, Houston, Tex-__- William B. Dazey, attorney, Texas City, Tex.- H. E. Kleinecke, Jr., attorney, Galveston, Tex... Brig. Gen. Claude B. Mickelwait, Assistant Judge Advocate General, Exhibit No. 1. A narrative of events leading up to and occurring after the explosions at Texas City on April 16-17, 1947, together with a statement of the Law of Manufacturer's and Shipper's Liability Exhibit No. 2. Compendium of statements of knowledge of dangerous and explosive characteristics of FGAN and admissions of fact, and fault and negligence on the part of the Government, its agents, and servants, employees, and representatives, by responsible per- sons and officials and authorized agencies of the United States, appearing in the printed record of evidence in No. 308, October term, 1952, United States Supreme Court, a case entitled Elizabeth H. Dalehite et al. Petitioners, v. United States of America, Respondent Exhibit No. 3. Series of still pictures showing the condition of the Exhibit No. 4. Findings of fact and conclusions of law prepared and filed by the trial judge under rule 52 of the Federal Rules of Civil Procedure, Hon. T. M. Kennerly, United States district judge (set forth as part of the appendix). Opinion of the United States Court of Appeals for the Fifth Circuit, Opinion of the Supreme Court of the United States, In re Texas City Disaster Litigation (Elizabeth H. Dalehite, Henry G. Dalehite, Jr., et al., Petitioners, v. United States of America) (shown in appendix) – – Specifications and information relative to production of ammonium nitrate for agricultural purposes, Tennessee Valley Authority, Additional references-Continued FGAN specifications: Army specifications based on TVA specifica- Telegrams exchanged between Warren E. Burger, Assistant Attorney General, Civil Division, and Hon. Edgar A. Jones, subcommittee chairman, relative to hearings before the special subcommittee at Letter, dated February 19, 1946, addressed to J. D. Latta, Cotton Exchange Building, Galveston, Tex. (agent for the French Supply Council), by W. H. Sandberg, vice president and auditor, Texas City Terminal Railway Co., relative to condition of bagged fertilizer or nitrate upon its receipt at Texas City, Excerpts from United States Coast Guard Regulations, Authorization to Load or Discharge Ammonium Nitrate and Explosives or Other Page 348 115 List of participants signing report of President's conference with respect to fire hazards involved in the manufacture, transportation, and storage and use of ammonium nitrate Supplement and amendment of Interstate Commerce Commission's Tariff Regulations relating to the transportation of explosives and other dangerous articles by freight, including specifications for Record of Court litigation in Dalehite case (on file with the committee). Volume II of petitioners' brief in Court of Appeals in Dalehite case (on Exhibit No. 1. A narrative of events leading up to and occurring after the explosions at Texas City on April 16-17, 1947, together with a statement of the Law of Manufacturer's and Shipper's Liability Exhibit No. 2. Compendium of statements of knowledge of dangerous and explosive characteristics of FGAN and admissions of fact, and fault and negligence on the part of the Government, its agents, servants, employees, and representatives, by responsible persons and officials and authorized agencies of the United States, appearing in the printed record of evidence in No. 308, October term, 1952, United States Supreme Court, a case entitled Elizabeth H. Dalehite et al., Petitioners, v. United States of Exhibit No. 4. Findings of fact and conclusions of law prepared and filed by the trial judge under rule 52 of the Federal Rules of Civil Procedure, Hon. T. M. Kennerly, United States district judge_ Opinion of the United States Court of Appeals for the Fifth Circuit, in re Texas City Disaster Litigation _ _ Opinion of the Supreme Court of the United States, in re Texas City Disaster Litigation (Elizabeth H. Dalehite, Henry G. Dalehite, Jr., et al., Petitioners, v. United States of America)_. Specifications and information relative to production of ammonium nitrate for agricultural purposes, Tennessee Valley Authority, Department of TEXAS CITY DISASTER MONDAY, NOVEMBER 16, 1953 HOUSE OF REPRESENTATIVES, Galveston, Tex. Special subcommittee of the Committee on the Judiciary appointed to investigate the Texas City disaster, met pursuant to call, at 10 a.m., in the Galvez Hotel, Galveston, Tex., Hon. Edgar A. Jonas, chairman, presiding. Present: Hon. Dewitt Hyde and Hon. Thomas J. Lane. Also present: Walter R. Lee, legislative assistant to the Judiciary Committee, Cyril Brickfield, counsel for the subcommittee, and Brig. Gen. Claude M. Mickelwait, Assistant Judge Advocate General of the Army. Mr. JONAS. The committee will be in order. I would like to invite your distinguished fellow citizen to occupy a seat with this committee on the rostrum, Congressman Clark Thompson, if you will be good enough to step up here and sit with us. I might add, before we proceed to function, that the Committee on the Judiciary in the House has a fixed and set rule that it is not permissible to broadcast the proceedings submitted to a subcommittee nor to take photographs while the witness is testifying or to televise any proceedings after the committee has started to hear testimony and is functioning. However, prior to that time it's permissible to do so, and, gentlemen, now if you wish to take some photographs, proceed to do it. (Photographs taken.) Mr. JONAS. On behalf of the committee, the Chair wishes to make a brief announcement. In that respect, I desire to read a short statement, and before doing so I might add for the record, Mr. Hyde, that we expect that Congressman Thomas Lane will be in here by 12 o'clock to sit with us as the third member of the committee. In the meantime, we are very glad to have our Mr. Thompson with us, who can substitute not only as a local Congressman, but also in behalf of the missing member of the committee. The statement is as follows: The subcommittee believes that it will prove helpful if, at the outset of this hearing, it expresses in definite terms the purpose for which it has convened. We consider this preliminary step expedient prior to the presentation of the taking of testimony and incorporation into the record such factual statements, written data, and exhibits as may be presented or offered, if and when deemed to be relevant to the issues and pertinent to the objectives sought by the investigation. 1 |