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It is typed "Nancy" and below that printed is Emery E. Jacobs, Deputy Administrator, State and County Operations.

The CHAIRMAN. That will be made an exhibit, it will be appropriately numbered to go along with the other material which the witness Moss testified to.

(Document referred to was marked "Exhibit No. 110B” for reference and may be found in the files of the subcommittee.)

The CHAIRMAN. Mr. Moss, this appears to have been written or s memorandum pad, I assume, like they keep in their office. Mr. Moss. Yes, sir. An informal note.

The CHAIRMAN. An informal message. Nancy is who?
Mr. Moss. That is Mrs. Nancy, I believe, Adkins.

The CHAIRMAN. She was one of the secretaries in the office.
Mr. Moss. One of them, yes.

The CHAIRMAN. It says per telephone conversation. Who had the conversation with you, if you recall, Nancy or Mr. Jacobs?

Mr. Moss. I really don't remember which one it was.

The CHAIRMAN. Evidently there had been a telephone call alerting you to the fact they wanted you to revise this and put it in final form. Mr. Moss. Apparently so. As I recall, the dictation was in his ofe and then when the girl typed it and gave the draft to him he made certain revisions in it.

Then there must have been a telephone call to me saying that he would like for me to take a look at it and go ahead and finish it up. The CHAIRMAN. That is what this indicates?

Mr. Moss. Yes, sir.

The CHAIRMAN. I did not know whether you remembered whether the girl called you or Mr. Jacobs or someone else.

Mr. Moss. I am not sure about that.

Mr. O'DONNELL. This also states:

The other piece of material is attached.
What was referred to there?

Mr. Moss. I don't recall, Mr. O'Donnell. The memorandum, you will remember, was commenting on the draft of a memorandum from Mr. Bagwell to the Under Secretary, and attached to it were proposed certification forms to be-well, one to be used by the displaced owner and one by the seller.

I can't recall whether there was some reference there to

Mr. O'DONNELL. Do you think it might have been entirely unrelated to the memo we discussed yesterday?

Mr. Moss. No; I don't think so.

Mr. O'DONNELL. The reason I ask is "Mr. J. has it." Who is Mr. J.! Mr. Moss. I would think Mr. Jacobs.

Mr. O'DONNELL. Mr. Jacobs. I wanted to get that cleared up be cause it might have indicated Mr. Jaenke.

Mr. Moss. In looking at that this morning, I hadn't thought of Mr. Jaenke. I thought of Mr. Jacobs.

Mr. O'DONNELL. So you think this refers to Mr. Jacobs. In other words, Mr. Jacobs had this other piece of material that probably was related to but not part of the memo that we discussed yesterday. Is that it?

Mr. Moss. Well, just putting things together, I would say that the reference there was to the Bagwell draft and the certification forms. I can't think anything else.

Mr. O'DONENLL. Can you tell us the name of the girl in the Department that prepared the rough draft that we discussed yesterday? Mr. Moss. That was Mrs. Janet C. McKenney.

Mr. O'DONNELL. Is she still with the Department as far as you know?

Mr. Moss. I inquired late yesterday afternoon and she may be on leave right now.

Mr. O'DONNELL. But she is still with the Department?

Mr. Moss. As far as I know.

Mr. O'DONNELL. Who prepared the final draft?

Mr. Moss. The final typing job was done in my office by Mrs. Margaret Russell.

Mr. O'DONNELL. Is she still with the Department?

Mr. Moss. No. She retired several months ago.

Mr. O'DONNELL. And we do not know who prepared the note dated January 29, 1962, that we referred to yesterday?

Mr. Moss. I do not; no, sir.

Senator MUNDT. You were going to try to find a statement which some typist had made in that connection. Were you able to locate that? You said you had seen the statement several times but not have it, and your associates did not have it.

you did

You thought our committee had it but we did not seem to have it. Mr. Moss. I had seen a statement prepared by my present secretary and also one prepared by Mrs. Nancy Adkins, who wrote this little note. Mrs. King, my present secretary, says she could have typed it, that it looks like her style of typing, I believe as she described it, but she does not recall it.

Mrs. Adkins, I looked at a statement that she had signed, and she said that she, in effect, had no recollection of it.

Senator MUNDT. Was Mrs. Adkins your secretary at the time Mrs. Russell was? Did you have two secretaries?

Mr. Moss. Mrs. Adkins worked in Mr. Jacobs' office.

Senator MUNDT. You mentioned a Mrs. Russell, who retired, who was your secretary at the time she typed the memorandum.

Mr. Moss. In final form.

Senator MUNDT. Then you mentioned some other woman and your present secretary.

Mr. Moss. Mrs. King.

Senator MUNDT. Was Mrs. King working with you at the time Mrs. Russell was?

Mr. Moss. She was working in the office; yes, sir.

Senator MUNDT. Obviously, Mr. Moss, this new document signed by Nancy, now identified as Nancy Adkins, in the final paragraph says, "The other piece of material is attached."

This other piece of material is obviously a piece referred to in the telephone conversation, because with normal sentence structure, it could be "material is attached," but this singles out to "the other," the piece you were discussing, the piece you wanted, or the piece under consideration.

It is identified as "the piece." Can you recall from your telephone conversation or from any other exchange of information you had

with Mr. Jacobs what this other piece of material was that was shor Mr. Moss. Well, as I mentioned awhile ago the memorandum wis discussing in the first paragraph the

Senator MUNDT. Telephone conversation?

Mr. Moss. No, sir; the unsigned memorandum.

Senator MUNDT. I am talking about this one that you just read. Per our telephone conversation, Mr. Jacobs would like you to look over 25 put in final form.

We know that is the January 24 memorandum. But I come then to the sentence:

The other piece of material is attached. Mr. J. had it.

This refers to something special. This refers to something specifie This refers to something about which there had been a meeting of minds between you and, presumably, Mr. Jacobs, over the telephone or somewhere because "here it is, the piece you want." Can't you recall for sure what that piece of information was?

Mr. Moss. Not beyond just trying to associate the job that was in hand there to do, and that was to put in final form a memorandum which commented on these proposals of two certification forms, ard the memorandum from the General Counsel to the Under Secretary. Senator MUNDT. She obviously did not give you a whole bask full of sheets. There was one piece. It was one item. It was one document. "The piece is attached." She did not say, "I am giving you some supplementary data." She said "the piece.

Is Nancy Adkins still with the Department?

Mr. Moss. Yes, sir.

Senator MUNDT. How is her memory? Do you think she could remember what this is all about? Do you know her?

Mr. Moss. I haven't discussed it with her.

Senator MUNDT. Did you try to find out what this piece of mater.s! was?

Mr. O'DONNELL. We have not talked with her, Senator.

Senator MUNDT. It does not quite seem that there would be a lot of sheets.

You do not know whether Mr. J. is Mr. Jacobs or someone else! To say it is Mr. Jacobs is an assumption on your part.

Mr. Moss. I assumed it was Mr. Jacobs.

Senator MUNDT. Your assumption-with no knowledge about it, no information about it--but your guess is Mr. J. is Mr. Jacobs, and somebody else might guess it was Jaenke. Both might be wrong. It might have been Mr. Jones. You do not know.

Mr. Moss. I assumed it was Mr. Jacobs.

Senator MUNDT. It is just an assumption.

Mr. Moss. Yes, sir.

Senator MUNDT. You received Mr. Miller's report, did you not! Mr. Moss. Mr. Jacobs showed me that report when I was in hs office on the 24th in connection with dictating this memo.

Senator MUNDT. As head of the Cotton Division, you took more 1a cursory glance at it, did you not? Did you get a copy of it! D you have a copy of it? Did you see a copy of it? Or did he i say, "Mr. Chief, we have a very interesting report that goes to d havior down in Texas," and did you say "Yes, I see it on the talle 1 file it away."

You did not do that, did you? Did you read it? What did you do with it?

Mr. Moss. As I recall it, he showed me that report in connection with dictating this memorandum, and after he was through-I don't believe there was a carbon copy of that report, but I asked him if I could take it and read it through.

Senator MUNDT. What did he say?

Mr. Moss. He agreed that I could.
Senator MUNDT. You did, then?
Mr. Moss. Yes, sir.

Senator MUNDT. You took it and read it?

Mr. Moss. Yes, sir.

Senator MUNDT. Did you then submit it to Secretary Freeman?
Mr. Moss. No, sir; I returned it to Mr. Jacobs.

Senator MUNDT. Did you provide Secretary Freeman with a memorandum of what it contained?

Mr. Moss. No, sir.

Senator MUNDT. Did you talk to him about it on the telephone? Mr. Moss. No, sir; I didn't talk to anyone about it. I assumed if Mr. Jacobs felt that that letter should be made available to people above him, he would do so.

Senator MUNDT. Were you not above him?

Mr. Moss. Above Mr. Jacobs? No, sir; I was under him.

Senator MUNDT. To me, being chief of a Cotton Division, that is about as high as you can get in the cotton business. You were under

him?

Mr. Moss. Yes, sir. I report to Mr. Jacobs on matters pertaining to allotments.

Senator MUNDT. I see.

You do not know whether Mr. Jacobs sub

mitted it to Mr. Freeman or not?

Mr. Moss. No, sir; I don't know anything about that.

Senator MUNDT. So if you reported to a superior, it would have been to Mr. Jacobs, and he already knew it. OK.

The CHAIRMAN. Mr. Moss, I hand you here exhibit No. 110A, which you identified yesterday. To further identify it, it is the memorandum of January 24, 1962, from Mr. Jaenke to Mr. John C. Bagwell, General Counsel, which is the finished product of this memorandum.

I ask you to examine it and note the notation in the northwest corner of it. What does that say?

(The document was handed to the witness.)

Mr. Moss. This is a copy of the memorandum from Jaenke to Bagwell.

The CHAIRMAN. Is that not the finished product of the memorandum that you revised?

Mr. Moss. This appears to be a final typing of it; yes, sir.

The CHAIRMAN. The final typing, that is what I mean. You identified it yesterday. That is the original exhibit.

Mr. Moss. This is not a photocopy of the original. It is a photocopy of one of the carbon copies of the memorandum.

The CHAIRMAN. In other words, it does not have the signed name. Mr. Moss. The original, of course, was never signed.

The CHAIRMAN. All right, you say it was never signed.

[blocks in formation]

Mr. Moss. But the notation in the upper right corner is—

also filed in OGC.

The CHAIRMAN. What would that indicate?

Mr. Moss. That there was a copy in the Office of the General Cosel.

The CHAIRMAN. That a copy of this had been filed with the General Counsel, is that what it would indicate?

Mr. Moss. That is what it would indicate to me; yes, sir.

The CHAIRMAN. This says:

also filed in OGC.

And OGC you interpret to be the Office of General Counsel.
Mr. Moss. Yes, sir.

The CHAIRMAN. Did you put that notation on it?

Mr. Moss. No, sir; I did not.

The CHAIRMAN. Do you know whose handwriting that is, Mr. Moss?

Mr. Moss. I don't recognize it; no, sir.

The CHAIRMAN. You do not recognize it?

Mr. Moss. No, sir.

The CHAIRMAN. It apparently is not your handwriting.

Mr. Moss. I don't believe so; no, sir.

The CHAIRMAN. Apparently, as compared to the other exhibit you have there, the exhibit that was revised, the original that contained Mr. Jacobs handwriting it apparently is not his handwriting. Mr. Moss. I wouldn't think so.

The CHAIRMAN. So this notation evidently was made on there by somebody other than you or Mr. Jacobs, and you do not know who. Mr. Moss. No, sir; I do not.

The CHAIRMAN. Are there any further questions of Mr. Moss? Senator MUNDT. I think this confirms the testimony which Mr. Moss made yesterday when he told us that Mr. Jacobs had delivered to Mr. Bagwell's office the original and a copy.

You told us that yesterday.

Mr. Moss. Senator Mundt, if I said that, I don't think I intended to. The message I tried-the facts as I tried to relate them were these: We had talked to many people in the Department trying to reconstruct exactly what happened, and some of the girls said that as they recalled it, Mr. Jacobs took the original and one copy of the memorandum to Mr. Bagwell's office, expecting to find Mr. Jaenke there, and to show it to him, discuss it with him, and see if he were willing to sign it and leave it with Mr. Bagwell.

The girls, I believe, concluded that Mr. Jacobs, when he arrived there, did not find Mr. Jaenke and no more was done about it. But I don't believe I have any information

Senator MUNDT. You certainly left this member of the committee with the impression that failing to find Mr. Jaenke there, he left the original and the copy in the office, to be brought to his attention, I suppose, by someone else.

I am certain you never said yesterday that failing to find him, Mr Jacobs then returned the documents to some other file. This you never told us yesterday.

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