242 COLLAPSE OF TEXAS TOWER NO. 4 



For the record, and for the benefit of those gentlemen who are here 

 today to testify and their firm, we would like to make it clear that 

 we recognize clearly the problems that are necessarily involved. 



It may very well be that the witnesses and their firm may have 

 claims asserted against them for civil liability as a result of the 

 collapse of the tower. 



I emphasize that there may be such a situation. I do not state that 

 such claims exist ; I do not know. 



Recognizing their rights as citizens and private individuals, the 

 subcommittee is reluctant to take any action which might conceiv- 

 ably jeopardize or infringe upon their defense to any claims which 

 may be asserted. 



We feel the testimony of these gentlemen will benefit both the sub- 

 committee and the firm they represent. We also feel it is possible 

 that an unfavorable inference might be drawn from their failure or 

 refusal to testify. 



However, gentlemen, if you now request that you be relieved from 

 testifying upon the ground that it may jeopardize your defense of 

 such claims, we will reluctantly excuse you. 



Mr. RuTLEDGE. Sir, we will be happy to answer any questions. 



Senator Stennis. Thank you. That is a very fine spirit, and Ave 

 appreciate it very much. 



Gentlemen, as I have already said to you in our little talk a while 

 ago, it is the unbroken custom of this subcommittee that all witnesses 

 be sworn. 



Will you please stand and be sworn ? 



Do you and each of you solemnly swear that your testimony in these 

 hearings will be the truth, the whole truth, and nothing but the truth, 

 so help you God ? 



Mr. RuTLEDGE. I do. 



Mr. Kuss. I do. 



Senator Stennis. All right. 



Now, the Chair feels, members of the subcommittee and you gentle- 

 men who are going to testify, that this matter can be taken up as well 

 and perhaps more thoroughly by questioning these two gentlemen 

 at the same time. We can proceed more quickly in that manner. 



So if there is nothing from any member of the subcommittee, I am 

 going to ask Mr. Kendall, our chief counsel, to proceed with the 

 questioning. 



TESTIMONY OF PHILIP RUTLEDGE AND THEODORE KUSS, MORAN, 

 PROCTOR, MUESER & RUTLEDGE, NEW YORK, N.Y., ACCOM- 

 PANIED BY EORBES D. SHAW, OE THE FIRM OF WHITMAN, 

 RANSOM & COULSON, NEW YORK, N.Y. 



Mr. Shaw. I would like to say that Mr. Rutledge would like to 

 make a preliminary statement. There is no prepared statement, but 

 I think it would be well at this time for him to make an opening state- 

 ment. 



Senator Stennis. Thank you for that suggestion, and we shall be 

 very glad to have a statement from either or both of you. 



Mr. Shaw, the gentleman who has just spoken, is the attorney for 

 these gentlemen, and we are very glad to have you, Mr. Shaw. 



