Mr. Jenner. No; unless you desire to have one.
Mr. Unger. Well, I didn’t understand that it was a matter of preference. I understood that under the rules under which you operated it wasn’t a legal hearing unless you did have one.
Mr. Jenner. It is a hearing; what you are reading is a hearing at which the Commission is sitting as distinguished from a deposition hearing. You will find also in the rules, John, that you have, that they provide for the deposition hearings.
Mr. Unger. Are you referring now to the second paragraph which says that any member of the Commission or any agent or agency designated by the Commission for such purpose may administer oaths and affirmation, examine witnesses, and receive evidence?
Mr. Jenner. Yes, sir.
Mr. Unger. I wouldn’t normally take that as repealing a previous section that a member be present at all hearings.
Mr. Jenner. It doesn’t repeal it, it supplements it.
Mr. Unger. You see, the subpena under which Dr. Oliver is here commands him to appear before the President’s Commission.
Mr. Jenner. That is right.
Mr. Unger. Well, I have made my point. I have some question as to whether or not this would be a proper hearing in the absence of a Commission member, and I have so stated in the record.