Evening star., 1955-11-13

a year ago.
Senator O,Mahoney, Democrat
of Wyoming, charged the COM
plant was brushed OF and
thrown in the waste basket by
the Justice Department at q
time when almost every branch
of the Government was trying
to push through the Dixon Yates
contract"
Senator Dirksen, Republican
Of Illinois. replied that Senator
O'Mahoney had made IAN un-
warranted and unjustified as
sumption"
"DepIorabIe." Says Kefauver
Senator Kefauver, Democrat
Of Tennessee, who presided,
called the handling of the Incl
dent "deplorable." and told re-
porters after the hearing he still
thought the Justice Department
should investigate the matter.
The incident which the sub
committee spent more than
three hours airing yesterday oc-
CURED in December, 1854, while
the SEC was holding hearings
on the financing for the private
Dixon Yates power plant, which
had been planned for West
Memphis. Ark. to supplement
iva power In that area. The
Government since has Cancelled
the contract because the city
OF Memphis announced plans TO
build its own power plant.
The witness incident revoived
around a telephone call received
here IN Washington by Or. Fred
erick kellogg, dean Of the school
of engineering. University Of
Mississippi, from DR.. Alton
Bryant, provost Of the Univer-
sity. The call came the night
before DR.. Kellogg was to testify
before the SEC as an expert for
the Memphis Gas, Light and
Water District. He was to give
an expert opinion on the site
chosen for the Dixon Yates plant
In Arkansas.
Notes Taken ON Phone Call
Documents placed in the rec-
ord yesterday showed that Or.
Kellogg made notes on the phone
call from DR.. Bryant for Joseph
Volpe, counsel for Tennessee. Or.
Kellogg quoted DR.. Bryant Is
having said he had . call from
person In jackson. who was not
identified, about Or. Kellogg be-
ing q witness.
The notes also quoted DR..
Bryant as saying They are very
much upset about II"
Later In the conversation. Dr..
Kellogg quoted DR.. Bryant %
having said. @They said they had
intended to contribute to our air
port and to give some equipment
to the engineering school, and
here you 90 testifying against
them"
In his notes, Dr.. kellogg made
it clear, however. that Or. Bry-
ant said he was not going to tell
Or. Kellogg to come home, but
to use his own best judgment.
When the matter was brought
to the attention Of the SEC the
next day by Mr.. Volpe, that agen-
cy referred it to the Justice De-
partment to determine whether
there had been any violation Of
the law which makes it an offef1se
to influence or to attempt to In
iiuence 1 witness In Govern
ment proceeding.
Justic Agency Report
In February. 1865. the Justice
Department informed the SEC
that the facts as presented to It.
did not constitute q violation Of
any statute BY anyone.
Assistant Attorney General
Warren Olney, III, tn charge Of
the criminal division. admitted
under questioning the depart
ment did not interview any Of the
principals. But he insisted that
was not necessary on the record
as submitted by SEC.
The Democrats insisted he
should have tried to find out who
the persons referred TO as stheys
In the telephone conversation
were. Senator Dirksefl brought
out that the procedure the de-
partment followed was the same
it pursues on similar records
submitted BY all Government
agencies.
Mr.. Olney said. I'VE felt and
still feel We had all the facts
needed to resolve this matter Z
He indicated he relied partly on
a later telephone conversation
between Robert A. Mcdowell.
an SEC official. and DR.. Bryant