Full Volume 19 - Federal Maritime Commission

WINDJAMMER CRUISES INC LTD 119
telephoned the Chief Judge to explain
that he would not attend the
hearing but that a local attorney would appear to represent respondent
He also told me that by letter of April 11th he gave some instructions to
respondent advising that an appearance be made at the hearing and that
if the client acted in accordance with his letter it might not be necessary
to have any counsel appear I advised Mr Tarantino that if either Mr
Werner or Captain Burke appeared at 2 00 p m and he wished either or
both to testify and be cross examined in accordance with his letter s
instructions I wanted a telegram from him to that effect unless of
them at 2 00
course they were accompanied by counsel to represent
p m 3
The subpoena was not served but at 2 00 p m Captain Burke
appeared with local counsel David Goldman and voluntarily took the
stand He was the only witness to be called during the proceeding
Testimony of Captain Burke
Against the background of Respondents Reply to Request for Admis
sions admitting some but denying other facts necessary for adetermina
tion of the issues under investigation together with respondent s oft
asserted belief that no hearing would be necessary because of such
Reply Hearing Counsel proceeded to examine Captain Burke
Captain Burke admitted that the signature which appears on the
for Admissions is his
Certification of Respondents Reply to Request
signature
the underlying document to which it pertains
to Request
ie Respondents Reply
for Admissions 7
But he had no recollection of having seen that document or
Thereupon Captain Burke recanted two critical admissions concerning
operation of the vessels Flying Cloud and Yankee Trader which
previously both he and Mr Tarantino had sworn were true In response
to questions posed by Hearing Counsel Captain Burke stated that
Admissions Nos I and 7 are and were not true It will be recalled that
Respondents Reply to Request for Admissions unequivocally stated that
Flying Cloud and Yankee Trader are vessels operated by Windjammer
Cruises Inc Windjammer Cruises Ltd He testified that Yankee Trader
2S Tr pp 1920 At 11 02 am April I Mr Tarantino sent the following Mailgram to me Re Docket NO 7J
54 Unfortunately I cannot attend hearing have a slipped disc Mr Werner respondents operations assistant fully
qualified to appear respond to questions and present statement on behalf of respondent Advised Chief Judge John
Cosgrove sic Wednesday April 16 regrets
14 The investigation was initiated punuant to Section 22 of the Shipping Act 1916 46 U SC ij 821 as well as
Sections 2 and 3 of Public Law 897n The second paragraph of Section 22 empowers the Commission on its own
motion to investigate any violation of the Shipping Act 1916 The second sentence of both Sections 2d and 3 d
expressly authorizes the useof all the provisions of the Shipping Act 1916 including the investigative powers of
Section 22 with respect to proceedings conducted by the Commission under this section
n
Prehearing Conference October 5 1973 Tr p 3 Motion for Determinationof Findings served January 2S
1975 Respondent s Reply toHearing Counsel s Motion for Hearing served February 14 1975 seealso Tr pp 5 IS
16 Tr p 33
uId
28 Tr pp 6970 76
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