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meetin3

f the Lxecutive tAlmittee of the ?ederal

,Wserve Board held in the office of the Board on 7Aursday,
1,'ovember 15, at 3 p.m.,

Mr.Hamlin,
Mr.

arinzr,

:Ir. .1111., b'ecretary.

Jovernor Harding submitted an opinion received from
Counsel with respect to the warehousing of tobacco, receipts
a2;ainst it to be used as a protection for f,ccef ance paper.
The Case in Tlestion related specifically to 4 r.ulor-ndu!... submitted. by liecretary Jirtis of 1:ew York rez;ardinj; certain fin,„ncin,2 of the .crican Tobacco Company, -,77.1i3:1 is arranin ' credit
of „;:.,5,000,000 with the ',,;uaranty Trust Compt.my, such credit to
take the form of acceptances protected by tobacco in warehouse.
The opinion of Counsel was to the effect that acceptances protected in this way, if drawn in technical compliance with the
law, wO'uldbe eligible for rediscount at 2ederal deserve banks.
The Committee informally accepted the opinion, subject to be
set forth in a letter to 2ed.em1 Aeserve Lsent Jay as follows:




"I;ovember 15, 1917.
Pierre Jay,
Jhaiman .of the Board,
7edera1 '.:leserve
rew York.
Dear :3ir.




"The letter addressed by r. J.
jurtis, L,ecretary
of the Aderal 2eserve Bank of rew Yor.k to. Vice-C;overnor
arbar3. enclosinE; copy of a letter addressed to your bank
by the Vice President of the rnerican 7ole„.cco Ampany,
has been duly considered by the 3oard.
"It appears that the tobacco company aas no, and will
continue to have darin,.; the ne;:t two years, leaf tob-cco
valued at a large sail, stored in various localities. It
is desired by the company to use this tobacco in the warehouses as security for certain credits to be obtained
throq7h the acceptance of drafts secured by warehouse receipts for this tobacco. It is proposed that a custodian
be appointed who, :athoaL,h an employe of the company is,
as custodian to be entirely independent of and is in no
way subject to the orders of the 4merican Tobacco ;ompany.
He is, on the contrary, to be the representative of the
accetin,
;
- banks so far 42 the custody of the tobacco is
concerned, and is to be under their control and jurisdiction and is to lve a bond with sufficient surety for
a stipulated amount, for the faithful :lischare of his
duties. 2,1thou2,h the letter itself does not ce:pressly
state the manner in “hich this custodian is to be given
independent control of the warehouses in which the tobacco
is held, the Board assumes that proper steps will be taken
in each instance to comply with the re..aircments of the
laws of any state in which 4 warehouse may be located 50
45 to jive him conplete legal authority as w,,.reeouseman
under those laws. 'Tor instance, in any case ,,here the
laws of a state relaire the warehouseman to have legal
possession throuh lease or otherwise of the premises in
which the goods are stored, it has assumed that proper
steps will be taken to j_ve this possession, and if necessary to nrohibit access to the warehouse, e_cept with
the permission of the custodian, who should, of course,
have an authorized representative at each warehouse.
It is the opinion of the Board ta-t in some respects it
mi,_;ht be a better plan to have two custodians appointed,
but in this particalar case this point will not be insisted upon but will be left to the discretioe of the
acceotin banks.

The Board agrees that if the custodian exercises his
functions in that capacity separate and apr.rt from his
obliations as an employe of the tobacco company, and is
not in any way sibject to the control or jarisdiction of
the company in his capacity as castodian, a aarehouse receipt issued by Aim v,ould come aithin the intent and spirit
of the Board's ruling that sach receipt mast be issued by
some person or oorroration indelicndent of the borrower.
The I:oard is of the opinion further that there is nothing
unusual or 1,1pro9er in a bank or a ;/-c).111 of banks agreeing
with a solvent borrower to accept drafts from time to tie
over a period of two years, on the security of readily
marketable staples, properly warehoused and insured. .Ln
acceptance secured by approved warehouse receipts against
such commodities, and having not longer taan ninety days
to run, will be eligible for rediscount by a 2edEral deserve bank, but the 3oard is of the opinion that in a
transaction of this kind the acceting banks should not
purchase their own acceptances or ask the -?ederal deserve
bank to rediscount them."
Very truly yoars,
Governor.
Governor Harding submitted an opinion of 3ounse1 as to
whether certain notes owned by the Imerican Oar and 'oundry Company, and secured by elaipnient trusts representing the cars in
use by certain oil companies, would be eligible for rediscoant
at 7?ederal

eserve Banks.

It was advised by i;ounsel that they

would be so eligible in view of the fact th.t when the cars were
sold, their sale was - commercial transaction, and it made no
difference whether the purchaser of the property intended to
use it commercially, or to regard it as a long period investment.
It was noted, however, that the notes did not becomp eligible







for rediscount a ti
:o action was

thin the specified pe iod of

ken, 1:at the matter

ttrity.

cferx—d back to the

•

ommittec for
.LA letter from

Lancaster,addressed to

he

President, and relative to possible harsh action on the par'
of the banks inmaking; collections under

sting condition,

• was read and referred to the Comptroller of the

uircrcj.

Clovcrnor Harding stated briefly: the views of the
retary of the 7reasury

refer

to

endments

to the

ion

banking law, and called part' - Jar attention te the
whether it woald be

ise , to

interstate checks of no

to impose

ember banks.

4

tax upon

He described

salts of a conversation he had had this morning v.ith President qinsch of the american Bankers

ssociatinn, and :;r. J.

Puelicher of Ullwalkee, both being members of the Jolmitt(c
on 7,embers'lip in the 7ederal :lest ve
—meric n Bankers

ssociation.

yatem appointed by the

ovcrnor Harding stated taLt,

these gentlemen thoajlt it ,vould be unice to attempt
coercive legislation at the present time.

aiij

He furthc.;.

gested the desirability of extendirg the present collection
system.
taken.

Infor -1 discussion occurred,bat no action

TheLil,testion of the records to be 1:pt at the T:leetin::
•of 7Lovember 6 bein

presented, the c:Ltter of providinL-; a comnd it

icte steno;Lphic report was discassed,
stenopiler be present to
-

fld th...t if

crw)r

c areed

ct on direction of the

ov-

o: the Po-rd sh.oald

.; oc,--Itrrin,..; in the
accoaLt of anythin:
h.

Lleetin; it t- '). '11'3

ithott t.kin;

lection n:

1:*t. 'o

it ”

,

n

L

1 the :rovtrnors,

1t.

,0

' '

t

e on

j

LL'LLr-

for :roil

no votes be

-

:IrtiC:

vote.

'02 „IC

1. ,Inn

: ch.

on n-Ption, voted to elect the

the !.teetin:; of october 10, and LccordiAly
followinj; were declare- elected as ]overnnunt directors
,t the branch.




7onoraule Jidson J.ron,
hr. Jharle
f n notion, the

no-in(es n...-ted by the kder.t1

ic-ccveof Jlev( land Ls directors of the JinciLnLti
.

irTed:
-r.
.11
-r.




The secretary of the B .rd was directed to :give
eUnesday, ',rover:11)er

the newspapers for use in the issues of
the

(mornin -- ;) ti

v directors of the iJincin-

nati 3r
presented a revised draft

Jovernor lard in
posed by-h,wsor

i 11nkt1

t

t the new Branches

se

pro-

Tts modified and inforlail..y accepted.
of ..;hi f

-didi

liner Br deril

eder,1 Aeserve . r1

the 'ict1iocl of cut, ody of pa.•
1;an .2rancisco,

was

o.

lity O-7 the plan..
director of

ers

ti 11 of
1'ederal

or.tittce

readand referred to

for report as to the iL

re!rdin:• .., ,

serve Bank of Boston, w.ts read and, on motion,

t I, the 1overnOr to re'
ernor

presented basiness as follows:

din

letter from the jtockton
proposed n -Abe

avin7,s Bank rt-lative to

hip - noted ;,..nd filed.

letter from the Banite de Pari
to the Lecretary of the

de des

reasary, offer1nL;

:
s service,

In exne operations, was read and noted.
letter from the

thrn, TL.,

avins

dressed to the Secretary of the 7rea(Jary

nd

p .otesting

a.3.,ainot the publication of the nariles „of subscribers to Liberty bonds, was read and noted.
4.1 letter from federal ..teserve

jntHeath relative to

the Clerman-merican ::,ank of '.J.a._;inaw, 1-1,;hi,-;an, and it:, desire
to join the ?ederal aeserve Lystel, was read and noted.
4. letter i7rom the President of the ,va6hin3ton Loan .7c
Trust Coml,any of ,fasiiLjton, D. J., at..1in,2; for a conference
on time derosits and reserve re i zire.lents as -2fectin• the institution, was read and a conferenJe dith the ,loverno: and
of
.
'ice ..lovernor

'Board vas set for ”ednesday, :ove-lber 7,

,t 11
letter from federal deserve 2„;ent .ellborn relative
to the pl.ols :or the prol'osed vallt at the federal _eserve
of 4,tlanta, was read and noted..
Jorrecvondence passin,; betwee_i Jif -.7...a-iner latch of
1rancis7;o

President L. J. _Ills of the first :7s,tiol. 1 -Lan7e,

- ederza
...pn, f
of Portland, Ore;

eserve .jent Perrin, and

U. Liner, as to the pact played by the .first Lational
connection with the Liberty iman,was read in fill.
:lardinz stated that a tele:;ram sent by

r.

4 •

an: in

Governor

Gatch to the first

nJ,tioral 7,ank was one which was transmitted at the re,dest of
the -jomptroller of the Currency, ,Aao had. asked. all eaciners
to send out such a messae to certain banks.

t




7he telezram




was sent without consultation with the ,jovernor or any
member of the Board.

s soon as

r,

t.trding heard of it

on the day it was orij:nally sent out, he

ot into touch

with the jomptroller on the matter, and expressed doubt
of the propriety of the Aderal Reserve Banks j,ving inforrtion reuested by the Amptroller as to what member
banks had or had not subscribed for Liberty Bonds.

lie

liarding) had expressed regret at the sending of the
message, and had himself sent the following message to all
2ederal .Reserve Banks:
Jomptroller has shon me telegram which he sent
chief exa'ftiners re,;_rding list of nonsuoscribin:;
proposed telegram to be sent
national banks
them by examiner. This matter has not been
brought bcr'ore the Board, and I am uncertain as
to the advisC:Jility of the action. Auld
that you exercise your discretion in the r.
This message had been stated in very moderat.
lanaa.7,e so as not to embarrass the 2omptroller.
he had lerned neat day that the telegrams arrived too
late to have any effect.
The matter v.as referred to the 2o% i tee on thean
?ranoisco Bank and the lovernor.
telegram from ?ederal :teserve kgent :Perrin rearding clearing house examinations, was read and referred to

'411

j,U. ri

liner for

reply.

ii the Post (2fice DeLr.tn

r. DelLno

r1t proble.'a woald be :reatiy

the z

0041d be to

f

,ot77-,•::.,ster
Ied tTu.t any :
in hi2, to.

.Jth%,ny

cle-f)oit

A,Thods

it (7:11d

of t.ttiit

. he
Ill t

ii1i lOu if it

-0At 110

ation

taThen*
f...:Ltered

this foint the joptroller o.7 the
the s'et L
.

ti':e to tie :coetarce o7 r(Tec:C
on
The revort of

dLte:d 7evc.'fuer

7o.

re:ort of

kicr%1 2.c‘serve

tim ai)Drovej,

c-r:1',.tce
7o.

datd 7nvc1-JJer

re14-

.:c.terve notes at

tiv.e to the ;,;.c,oeft;_:n4e of redec-.0,,1

Orle:...no, was red ufi, On notion,2oved.
7he reort of JwINittee ITO. 3 reL,.,:ive to iitriOi
,Jirectorsilipzi :at the 7nior 7ational 73an'r of

.stin,

tited .77:oveber 1, ws rc,d :;nd, oh Notion, Lr. roved.
The reort (v: the .A7.7..1ttEe on
()" oerion toce-ift dr%fts
qp to the 7..o.231t of oi.)fit1
lonal

;-;




of

A?dford,

nd..;JrrlA

:
: the
tff reo!:vnendi.:
n

bills of

by the
re

C




n, approved.
was, on

7pon r oommendation of Jormittce
deral

notion, voted to admit to the
follov;in

eserve system the

nred applicant banks, upon conditions named in

eala case by the
Balti.r.or

.ittee:
Con,qercial 3an17

Brooklyn,

Peoples rl'rust iompany.

Y.

PrtlArie*Depot,0-

rers• T,ankinL:i ;JompanY

Jounty !, 2 Home

Iaitiore,

avings Bank

Detroit, ',Lich.

Lem ers of the board inforlly e.plined to the
:1,omptroller of the Currency the facts with reference to
the correspondence between .:e'ssrs.
and

rin, ilatch

, already presented to the Board before the

Jor,ptrolier entered the room.'iscssion e saed but no
action Was taken.
On *notion, at 6 p.

3oard adjoin