134 COLLAPSE OF TEXAS TOWER NO. 4 



Mr. Kendall. Can you extend your answer to Mr. Kuss or Mr. 

 Rau? 



Commander Foster. I do not believe Mr. Kuss was on the tower at 

 that time, sir. 



Mr. Kendall. That is not my question, Commander. I asked if 

 you would say that they did not make that suggestion or recommenda- 

 tion ? 



Commander Foster. I would not say, but I do say further that had 

 Mr. Rau made it, I do not believe I could have received it. Mr. Steers, 

 the head of the company, was on board and he would certainly speak 

 for the contractor. 



Mr. Kendall. You will agree that the loss of these braces was a 

 serious problem and a serious defect in tlie tower and a mishap ? 



Commander Foster. I agi-ee it was a serious problem. I would not 

 agree that it was a serious defect. 



Mr. Kendall. You do agree it was a serious problem ? 



Commander Foster. It was one that required serious consideration, 

 and got it. It was a problem, but not, shall I say, a fatal or vital one. 



Mr. Kendall. The vital decision, then, was whether or not to at- 

 tempt repairs at sea under water or return to port. That was the 

 question, right ? 



Commander Foster. I would say that would be a fair statement of 

 it, sir ; yes. 



decision to repair at sea or return to port 



Mr. Kendall. Who ultimately made the decision to attempt to 

 make the repairs at sea ? 



Commander Foster. I would like to refer again to my statement, 

 sir, that this tower was not, at that time, the property of the Navy, 

 nor was it the responsibility of the Navy. This tower belonged to the 

 contractor, and would belong to him until such time as lie turned it 

 over to us in an acceptable condition. And if the contractor or any 

 of his representatives felt that, (1) it was unsafe at the time, or, (2) he 

 would be unable to make a succesful repair at sea, it was up to him to 

 take the tower back, not up to me to tell him to. 



I did not consider it to be unsafe at the time, nor did I consider 

 that we could not put in a successful brace. My statement was that I 

 took no action to stopping or moving one way or another. This was 

 his baby. 



Mr. Kendall. My question was, Commander, specifically, who 

 made the decision to attempt the repairs at sea ? 



Commander Foster. I approved the belief, if you like, that a repair 

 could be successfully made at sea. I believed it then, I believe it now. 



As to the decision, had the contractor had any doubt in his mind, it 

 was his move. I took my action only based on the fact that he 

 thought it could be done, our architect engineer thought it could be 

 done : I, myself, thought it could be done. So I allowed them to stay 

 and go on with the process. 



]\fr. Kendall. So. that it ultimately was your decision? 



Commander Foster. Yes, sir. 



Mr. Kendall. If you had told him, we have to take this tower back 

 to port for repairs, he would have done it, would he not? 



Commander Foster. He would have been happy to do it, I think. 



