portation. And it seems to me one of the functions of Government that must be carried out by the Department of Transportation is to plan an integrated overall transportation plan that has the optimum usefulness to our people in all areas so that in some places there is not a big gap, and others a duplicating of transportation functions.

I recognize that can't be done by simply forbidding and so on. It seems to me we need planning and encouragement to get all modes of transportation integrated in this country and I do hope the Department is going to address itself vigorously to that problem.

Mr. MAZAN. Yes, sir, we plan to.

Senator COTTON. Mr. Mazan, I am happy to welcome you here. All that I know of you is favorable and if I didn't know anything about you, the endorsement of Senators Aiken, Prouty, and Governor Stafford would be sufficient.

In your position you will be dealing with Congress and you will be dealing with this committee. We hope to be helpful to you.

But you also can be very helpful to us. This committee has oversight duties which might compare with a conglomerate. We have so many departments and independent agencies we have to deal with.

However, the transportation situation is such that you can be even more helpful to us than we can to you. I therefore am particularly glad to have a Vermonter in your position. I wish we could have a large number of Maine, New Hampshire, and Vermonters in the Department, because you are fully aware of the transportation problems we have in New England, particularly those concerning air transportation problems, the scarcity of the navigational aides. I believe, for example, we only have in my State one ÏLS.

Transportation has been a constant source of concern to the delegation from Maine, New Hampshire, and Vermont through the years. Vermont is not quite as bad off as Maine and New Hampshire, because you do have lines running up from New York to Lake Champlain and going on through to Montreal, I believe. But over on our side of New England, there is no place to go except to turn around and go back. This situation always make it marginal for any airline, much as it may wish to help us. It can't be a profitable operation, and consequently, as you are aware, I doubt whether there is any section in the country that faces greater difficulties in the matter of air transportation. Therefore, I am glad that you are going to be down there and I wish we could recruit somebody from Maine and New Hampshire to be down there too.

I look forward with pleasure and anticipation to working with you. Mr. MAZAN. Thank you, sir.

Senator Moss. Thank you, Mr. Mazan. The prepared statement that you mentioned will be part of the record.

I think that does conclude what we need at our hearing. Everything has been favorable and I think it looks pretty good, sir.

Is this your family behind you there?

Mr. MAZAN. Yes, sir. I'd like to introduce my wife and our children, Duffy, Lori, Michelle, and Michael.

Senator Moss. We welcome you all here. That's a very fine family. Mr. MAZAN. Thank you, Mr. Chairman.

The prepared statement follows:)

(Whereupon, at 10:25 a.m., the committee was adjourned.)

JAMES AARON WASHINGTON, JR., TO BE GENERAL COUNSEL OF THE DEPARTMENT OF TRANSPORTATION

WEDNESDAY, JUNE 11, 1969

U.S. SENATE,

COMMITTEE ON COMMERCE,
Washington, D.C.

The committee met at 9:45 a.m., Hon. Warren G. Magnuson, chairman, presiding.

Present: Senators Magnuson, Hartke, and Cotton.

The CHAIRMAN. The committee will come to order.

We have this morning you might tell them if they are interested to come on in and we will only be a short time.

This morning we have the nomination of James Aaron Washington, Jr. to be General Counsel of the Department of Transportation.

In that capacity he will be the chief legal officer of the Department, the legal adviser to the Secretary of Transportation and the Office of Secretary, and the final—well, I don't know whether you will be the final authority on questions of law, but at least you will be the final advice they get, that is probably putting it better. And you are presently the dean of the Howard University School of Law. We will put your biography in the record in full. (The biography follows:)

JAMES AARON WASHINGTON, JR., BORN, FEBRUARY 17, 1915, WASHINGTON, D.C.

The President of the United States has nominated Mr. James A Washington, Jr., to be the General Counsel of the Department of Transportation. In this capacity he will be the chief legal officer of the Department of Transportation, the legal adviser of the Secretary of Transportation and the Office of the Secretary, and the final authority within the Department of Transportation on questions of law. He will head the Office of the General Counsel within the Office of the Secretary, and he will have professional supervision over the legal work of the legal staffs of the operating administrations of the Department. By law, he will also exercise the responsibilities of a Judge Advocate General under the Uniform Code of Military Justice with respect to the United States Coast Guard.

Mr. Washington is presently the Dean of the Howard University School of Law at Washington, D.C. He has been a professor of law at Howard University since 1946, except for a period of service from 1961 to 1966 as Chairman of the Public Service Commission of the District of Columbia.

Dean Washington was born in Asheville, North Carolina. He graduated from Dunbar High School in Washington, D.C. He received his A.B. Degree from Howard University in 1936, and in 1939, graduated from Howard University School of Law, Magna Cum Laude. He received his Masters in Law from Harvard University in 1941.

Dean Washington served as an attorney for the Justice Department from 1942 to 1946. From 1946 to 1961, he was Professor of Law at Howard University School of Law, and was Vice-Dean from 1958 to 1961. In 1961, he was appointed Chairman of the Public Service Commission of the District of Columbia, and served as a Board Member of the. National Capital Housing Authority of the District of Columbia. Since 1966, he has been the Langston Professor of Law at Howard University School of Law, and Dean since March 3, 1969.

In addition to his professional experience, Dean Washington has been Chairman of the Police Community Relations Institute of the National Conference of Christians and Jews; Chairman of the Health and Welfare Council Model Cities Committee; Staff Advisor, Appeals and Review Board, Civil Service Commission;

Chairman, Reconstruction and Development Corporation; Member, Court of Appeals Committee on Legal Aid; a member of the NAACP Legal Staff; a President of the Bunker Hill PTA; and a Committee member of the Committee for Implementation of the President's Report on D.C. Crime. He is a member of the National and Washington Bar Associations, and a member of various fraternal and charitable organizations.

Dean Washington is married to the former Ada V. Collins. They have eight children and five grandchildren.

STATEMENT OF AARON WASHINGTON, JR., NOMINEE TO BE GENERAL COUNSEL OF THE DEPARTMENT OF TRANSPORTATION

The CHAIRMAN. You served as professor of law at Howard since 1946. You were born in North Carolina and received your A.B. from Howard and your master's at Harvard. And you have had some experience in Government in the Justice Department and other various agencies, served as a board member of the National Capital Housing Authority and so on and so forth, public relations and civic duties. Now, you filed your financial statement with the committee? Mr. WASHINGTON. I have, sir.

The CHAIRMAN. As it is customary with the committee, we keep that on file. We do not make it part of the record.

We will also place in the record letters from the Washington Bar Association and Howard University School of Law and other sundry endorsements of your nomination by members of the bar.

(The documents follow.)

THE WASHINGTON BAR ASSOCIATION, INC.,

Senator WARREN G. MAGNUSON,
Chairman, Senate Commerce Committee,

New Senate Office Building, Washington, D.C.

Washington, D.C., May 16, 1969.

DEAR SENATOR MAGNUSON: The Washington Bar Association is aware of your consideration for appointment as General Counsel for the Department of Transportation, James A. Washington, Jr.

I have the honor and pleasure to inform you that the Washington Bar Association has unanimously urged the appointment of Mr. Washington to this position. He has been a long time resident of this community and we are therefore intimately aware of the capabilities and qualifications of this nominee.

His membership and association with the many civic, business and professional organizations of this community are indicative of his outstanding qualification. His successful, wide and varied experiences are further indications of his qualifications. His reputation for honesty and integrity in all segments of the community is without question.

We recommend Mr. Washington as a man of outstanding qualifications.
Very truly yours,

JAMES W. COBB.

HOWARD UNIVERSITY, Washington, D.C., May 16, 1969.

Hon. WARREN G. MAGNUSON,
Chairman, Senate Commerce Committee,

Old Senate Office Building, Washington, D.C.

DEAR SENATOR MAGNUSON: The Faculty of the School of Law of Howard University enthusiastically supports the nomination of Dean James A. Washington, Jr., to the position of General Counsel of the Department of Transportation. Dean Washington's twenty-three years of service on this faculty have been distinguished by scholarship of the highest calibre and by unselfish devotion to duty. These outstanding characteristics have earned for him the respect and admiration of students and colleagues. His superb training in the law, his great practical experience, his love of students, and his congenial personality combine to make him a teacher and a practitioner rarely encountered.

Dean Washington's native abilities and professional competence have been enriched by many experiences in government and public service. As attorney in the Department of Justice in the early forties, he gained the basic practical experience in public service that was later to be invaluable preparation for his many community activities. As Chairman of the Public Service Commission of the District of Columbia, he served this community with distinction. As Board Member of the National Capital Housing Authority, as Staff Adviser for the Board of Appeals and Review of the Civil Service Commission, as Chairman of the Reconstruction and Development Corporation, and as Committee Member of the D.C. Council's Committee on Crime, Dean Washington has demonstrated his devotion to this country and community. His honorable and distinguished public service, his sterling character, his profound love for his country and community, his comprehensive understanding of the community and its problems, and his native abilities and professional skills, we think, make him an excellent choice for the position as General Counsel; and we urge his confirmation. Respectfully submitted.

FACULTY OF LAW, HOWARD UNIVERSITY.

CLEVELAND TRANSIT SYSTEM,
Cleveland, Ohio, May 20, 1969.

Re Nomination of James A. Washington, Jr., General Counsel, Department of Transportation.

Hon. STEPHEN M. YOUNG,

U.S. Senate, Washington, D.C.

DEAR SENATOR YOUNG: I am taking this opportunity to forward to you a copy of a news release from the Department of Transportation relative to the nomination of James A. Washington, Jr., to be its General Counsel.

An examination of the release reveals the excellent background and professional experience of Mr. Washington, but I wish to add a personal note to his many documented accomplishments.

I first met Mr. Washington in the year of 1947, upon my returning from the Armed Forces to Howard University undergraduate school. He was Professor of Law, at the time, and although I had not completed my undergraduate studies, he counselled me in certain matters preparatory to my entering Law School. I was not privileged to attend Howard University's School of Law, but elected to attend Western Reserve University Law School, which was closer to my home in Pennsylvania. Yet I continued to read about the many fine professional achievements of Mr. Washington, although we had no personal contact with each other until recently.

May I respectfully urge you to refer this letter to the appropriate Committee considering the confirmation of Mr. Washington, and add my voice to that of others in the Transit Industry requesting the speedy confirming and taking office by Mr. Washington at the Department of Transportation.

I feel that he will continue to render the high quality of service to the Government that he has given to Howard University and the District of Columbia community.

Very truly yours,

JAMES E. TERRY,
General Counsel.

DEPARTMENT OF TRANSPORTATION-NEWS

Secretary of Transportation John A. Volpe today announced the Presidential nomination of James A. Washington, Jr., Dean of Howard University School of Law, Washington, D.C., to be General Counsel of the Department of Transportation.

Washington, 54, was born in Asheville, North Carolina. He graduated from Dunbar High School in Washington, D.C. He received his A.B. Degree from Howard University in 1936, and in 1939, graduated from Howard University School of Law, Magna Cum Laude. He received his Masters in Law from Harvard University in 1941.

Dean Washington served as an attorney for the Justice Department from 1942 to 1946. From 1946 to 1961, he was Professor of Law at Howard University School of Law, and was Vice-Dean from 1958 to 1961. In 1961, he was appointed Chairman of the Public Service Commission of the District of Columbia, and served as a

Board Member of the National Capital Housing Authority of the District of Columbia. Since 1966, he has been the Langston Professor of Law at Howard University School of Law, and Dean since March 3, 1969.

In announcing Dean Washington's appointment, Secretary Volpe stated, "his breadth of professional experience and community activities ideally suits the needs of the Department of Transportation. His credentials as a lawyer are unimpeachable. His activities as a citizen exemplify the American ideal of service to one's community. He will bring added strength to the Executive Branch, and I am happy to welcome him on our team."

In addition to his professional experience, Washington has been Chairman of the Police Community Relations Institute of the National Conference of Christians and Jews; Chairman of the Health and Welfare Council Model Cities Committee; Staff Advisor, Appeals and Review Board, Civil Service Commission; Chairman, Reconstruction and Development Corporation; Member, Court of Appeals Committee on Legal Aid; formerly Member of NAACP Legal Saff; former President, Bunker Hill PTA; and Committee Member of the Committee for Implementation of the President's Report on D.C. Crime. He is a member of the National and Washington Bar Associations, and a member of various fraternal and charitable organizations.

Dean Washington is married to the former Ada V. Collins. They have eight children and five grandchildren. The Washington family resides at 4302 13th Street, N.E., Washington, D.C.

The CHAIRMAN. Now, inasmuch as the District of Columbia, which, of course, you are a resident of, does not have any representation in the Senate, we will have to waive the normal procedure that we apply to residents of other States, that their two Senators make a comment on nominations from their State.

Now, do you have any statement that you want to make?

Mr. WASHINGTON. No, Senator. I have no prepared statement at all.

I am happy to answer any questions that you may have.

The CHAIRMAN. I am sure that you understand that the Department of Transportation is a relatively new Department. It has been in existence now just a little over a year, hasn't it?

Mr. WASHINGTON. Almost 2 years.

The CHAIRMAN. Two years, April 1st. And they gathered in, of course, a number of Departments from other independent agencies, the ICC Safety Division, the FAA, the Coast Guard and other agencies.

Now, when they did that, and under their basic authority there became a question which might be a legal question as to what would be their responsibility in the field of transportation, say with the ICC who determines general policy as an arm of Congress. Do they intervene in a case that they felt was not in the best interest of transportation of the United States or a violation of policy or do they let the ICC decide? Just how do these things mesh?

I think that they have given, upon request, an opinion on some of the cases. Say it is a big, broad transportation merger in the ICC, a big railroad merger, something of that kind, what is the responsibility of the Department of Transportation if they feel that this is a case that involves a national transportation policy? I think there is no problem on the safety end of it. And this has never actually been worked out yet.

What was left hanging when we first started to consider a Department of Transportation? We had several informal meetings and one of the problems was, what would be the role of the new Housing Administration, HUD, with the Department of Transportation as it affects planning, urban planning and all the things that go with urban housing and urban development?