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The CHAIRMAN. I do not necessarily want it filed for the record. I would like to see it, Mr. Phelps. I think the members of the committee would like to see it.

Mr. WILSON. What subject is it on, Mr. Phelps?

Mr. PHELPS. It is just an analysis of the Webb-Pomerene Act, as I saw it, in 1944.

Mr. WILSON. Did you think at that time that it needed some improvement?

Mr. PHELPS. No, I did not. I thought that there should be some clarification in view of the position that was being taken by the Department of Justice, which was in conflict with the policy that the Commission has been following, and I expressed concern about that, I think; and at that time the head of the Antitrust Division had been going around the country making speeches in which he had interpreted the Webb-Pomerene law as giving these export trade associations practically no exemption.

The CHAIRMAN. Was not that report made a part of the minutes of the Alkali case in New York?

Mr. PHELPS. A copy of it-I do not know which copy-got into the hands of the Alkali Association attorneys and they presented it to Judge Bright, but it never became a part of the record in the Alkali case, although it was considered, I think, by Judge Bright, and I think by Judge Kaufman, because there were references made to it in the argument of the Alkali case.

I was present at the time, and Judge Kaufman asked me about it. He wanted to know whether it had ever been published, and I told him "No" and I told him it was nothing more than the expression of my own views.

The CHAIRMAN. Then you will submit a copy and will present it to the members of the committee in executive session, for whatever they wish to do with it.

Mr. PHELPS. Very well, I will be happy to do so.

The CHAIRMAN. Are there any other questions, gentlemen?

Mr. WILSON. Your whole view is that Congress writes the laws, and you are supposed to interpret the laws according to the way the laws read, rather than-

Mr. PHELPS. That has been my philosophy; that has been my philosophy, Mr. Wilson, and I think we are still bound by the statute until it is interpreted by the final tribunal.

Mr. WILSON. The Supreme Court?

Mr. PHELPS. The Supreme Court.

The CHAIRMAN. We will place in the record at this point the appendage to your statement.

(The document referred to follows:)

44 export associations filing papers with the Federal Trade Commission under the Export Trade Act (Webb-Pomerene law), including 481 member companies, located in 31 States, shipping to all parts of the world, February 23, 1950

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44 export associations filing papers with the Federal Trade Commission under the Export Trade Act (Webb-Pomerene law), including 481 member com panies, located in 31 States, shipping to all parts of the world, February 23, 1950-Continued

Name

American Spring Export Association, 50
Church St., New York City.
American Tire Manufacturers Export Asso-
ciation, 30 Church St., New York City.
Amertool Services, Inc., 4701 Marburg Ave.,
Cincinnati, Ohio.

California Dried Fruit Export Association,
1 Drumm St., San Francisco.
California Prune Export Association,
1 Drumm St., San Francisco.

California Rice Exporters, 351 California St.,
San Francisco.

Carbon Black Export. Inc., 500 Fifth Ave.,
New York City.

Cerium Export Association, 52 Wall St.,
New York City.

Citrus Corp. of America, Lake Wales, Fla...

Commodity

Railway steel springs
Railway steel tires....
Machine tools......

Dried fruit.

Prunes..

Rice....

Carbon black.

Cerium misch metal.
Citrus...

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General Milk Sales, Inc., 19 Rector St., New
York City.

Goodyear Tire & Rubber Export Co., The,
1144 East Market St., Akron, Ohio.
Metal Lath Export Association, The, 205
East 42d St., New York City.
Motion Picture Export Association, Inc.. 546
Fifth Ave., New York City.

Pacific Forest Industries, 1219 Washington
Bldg., Tacoma 2, Wash.

Pacific Fresh Fruit Export Association, 333
Pine St., San Francisco.

Pencil Industry Export Association, 167
Wayne St., Jersey City, N. J.

Potash Export Association, 420 Lexington
Ave., New York City.

Railway Car Export Corp. of America, 1025
Connecticut Ave., Washington, D. C.

Redwood Export Co., 405 Montgomery St.,
San Francisco.

Rubber Export Association, The, 1185 East
Market St., Akron, Ohio.

Flints...

Grain products..

Canned milk.
Rubber tires.
Metal lath.
Motion pictures...
Plywood......
Fresh fruit...
Pencils, etc..
Potash..
Freight cars..

Redwood lumber....

Rubber..

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44 export associations filing papers with the Federal Trade Commission under the Export Trade Act (Webb-Pomerene law), including 481 member companies, located in 31 States, shipping to all parts of the world, February 23, 1950-Continued

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Washington Evaporated Apple Export As- Evaporated apples.... 5 members in Washington.

sociation, 709 First Ave. N., Yakima,
Wash.

Wescosa Lumber Association, 2 Pine St.,
San Francisco.

Wine & Brandy Export Association of
California, 717 Market St., San Francisco.
Wood Naval Stores Export Association,
Gulfport, Miss.

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The CHAIRMAN. If there are no other questions, I will declare the meeting adjourned, and we will resume our consideration of this matter on Wednesday next at 10 o'clock.

(Whereupon, at 12:25 p. m., the committee adjourned, to reconvene at 10 a. m., Wednesday, March 1, 1950.)

STUDY OF MONOPOLY POWER

WEDNESDAY, MARCH 1, 1950

HOUSE OF REPRESENTATIVES,

SPECIAL SUBCOMMITTEE ON THE STUDY OF MONOPOLY POWER OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The special subcommittee met, pursuant to adjournment, at 10 a. m., in room 346. Old House Office Building, Hon. Emanuel Celler (chairman) presiding.

Present: Representatives Celler, Bryson, Denton, Michener, and McCulloch.

Also present: C. Murray Bernhardt, general counsel, and David Cushman Coyle, consultant.

The CHAIRMAN. The meeting will come to order. Our first_witness this morning is Mr. Winthrop G. Brown, Director of the Office of International Trade Policy of the State Department.

STATEMENT OF WINTHROP G. BROWN, DIRECTOR, OFFICE OF INTERNATIONAL TRADE POLICY, DEPARTMENT OF STATE

Mr. BROWN. Mr. Chairman and gentlemen, my name is Winthrop G. Brown. I am Director of the Office of International Trade Policy in the Department of State.

My comments will be brief, because the interest of the Department of State, of course, lies in the effect that the proposed alterations to the Webb-Pomerene Act might have on our economic foreign policy, and you will, or have, received comments from other agencies on other aspects of the amendment.

Our Government's economic foreign policy is aimed at developing and expanding multilateral competitive international trade, because we believe that will secure greater productivity and lower cost and an increased volume of world trade, and, consequently, higher standards of living generally throughout the world. All of the policies that we have followed, such as the reciprocal trade agreements program and the ITO charter, have been based upon that fundamental assumption and are an extension of the American economic philosophy that, by the reduction or elimination of both public and private barriers to trade and the creation of an increasingly large market in which competition is encouraged, there will be increased efficiency, lower costs, and higher standards of living as a result.

As this economic program has been implemented, it has been found that as governmental barriers to international trade have been broken down through reductions in tariffs and similar measures, barriers

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