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4/13/43
11 All of tnis was thorougnly investigated by the Commis¬ sion and is a matter of public record. However, unlike some other Government bureaus when they stumble on the activity of a Congress¬ man, the FCC did not hush the thing up. It proceeded with a thorough probe.
"Furthermore all seven Commissioners voted unanimously to send the matter to the Justice Department as a violation of the criminal statute (Title 18, United States Code Section 803) prohib¬ iting a member of Congress from representing private clients before Government agencies.
"It was two of the Republican members of the FCC, rather than the New Dealers, who took the lead in this. Since then, the Criminal Division of the Justice Department has recommended prose¬ cution, but nine months have passed and the Justice Department, as usual, has failed to move against a Congressman,
"Representative Cox, however, has not failed to ’move against the FCC. Although making speeches on the floor of the House praising Attorney General Biddle (who has not anted) , Cox has ranted, raved, accused the FJC of Gestapo tactics, and created such a furor that his colleagues have voted an Investigation.
"Counsel for the investigation committee is an interest¬ ing character. Eugene Garey, 63 Wall Street, who has distinguished himself in various attacks against the Securities and Exchange Com¬ mission and who once delivered a significant speech at the Univer¬ sity of Virginia where he said:
"’Nothing is more firmly rooted in Anglo-Saxon justice than the principle that no man can be a judge in his own case. He is precluded from so doing by the moral sense of all mankind, f
"Yet as Chairman of the investigating committee, of which Garey is counsel, sits Congressman Cox, who will now be the presid¬ ing Judge in his own case.
"And as a further lesson to anyone who dares ruffle the feathers of a Congressman, or even remotely insinuate that he does not have a lily-white soul, here is what has happened to a key FCC witness, Edward J, Lord of Orlando, Fla.
"When Lord was Manager of Station WALB in Albany, Ga. , he was incensed at Cox’s activities, and later appeared as a witness before the FCC. While on the witness stand, DeLacey Allen, attorney for WALB, threatened him with criminal prosecution if he proceeded with his testimony. The trial examiner immediately' called Allen down for trying to intimidate a witness, and Lord proceeded to testify.
"Since then DeLacey Allen's threat has materialized. Lord has been indicted by a Georgia gra.nd jury on the charge of 5 larceny from a house'. This is based on the fact that Lord copied about
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