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At serve a regular meeting of the Federal Re- Board held in the office of the Board at 11:00 a. m., on Monday, November 22, PRE3ENT: Ir. McAdoo, presiding Mr. Williams 1::r. Hamlin Mr. Warburg Mr. Delano Mr. Harding Mr. Miller Mr. secretary. X The minutes of the meeting of November 19, were read and approved. The minutes of the joint conference between the Board and the 1xecutive Committee representlnr; Governors of reserve banks were presented by the secretary and on motion referred to Mr. Warburg and :r. Liner for report. On motion an application for Federal reserve notes for the Federal Reserve Bank of Atlanta (New Orleans Branch) amountin,7 to :::500,000 duly reconuended by the Committee on Issue and Redemption were approved as follows: 1008 .s5 denomination 10 LO 020,000 120,000 160,000 A shipment.of notes to the frubtreasury at 2ew Orleans.amountinF; to 01,000,000, the same to be held in stock at that point, was authorized. By unanimous consent other business was deferred, and lir. Delano as chairman of the con-nittee ' on redistricting submitted another report on the subject. r. Hamlin moved that the report be received by the Board and on being put the quest iou prevailed. LIr. Hamlin moved that the opinion of specia4. Counsel J. P. Cotton re1atin€7 to the powers of the Board in redistricting be formally laid before the Board. The motion was seconded by Mr. Warburg and on being put to a .vote prevailed. Mr. McAdoo stated that he had received late on Saturday afternoon, the 20th instant, copy of an opinion by special Counsel J. P. Cotton, upholding the power of the Board to reduce the Federal Reserve Districts; that he had had no prvious notice that 1009 such an opinion had been requested and as the redistricting question had been put upon the calendar for today he had assumed that the Board intended to act upon it finally; that as the question was one of grave ilq-)ortance he had felt that the Board ought not to take action without having the opinion of the Attorney General of the United States as to its powers in the premises; that in the early part of the preceding week he had requested the Attorney General to examine into the question with a view to furnishing him, as a member and chairman of the Board, an opinion upon the Board's power; that upon receipt of Er. Cotton's Opinion he had concluded that it would be better if the Governor of the Board should request the President to ask the opinion of the Attorney General because he (Mr. McAdoo) was a member of the Organization Committee and for that reason he preferred not to make the request. He, therefore, had suTested to Governor Hamlin that he reQuest the President to ask for such an opinion. 1010 Hamlin thertalpon read a letter he had written to the President of the United States asking for the submission of the question to the Attorney General and the reply of the President, enclosing the opinion referred to, the said opinion expressing the view that the Board was without power to reduce the number of Reserve Districts. Mr. Hamlin moved that the opinion be formally laid before the Board and copied for distribution to all members. The motion prevailed. Delano stated that he had not supposed that the Governor, as Governor, had the power to go to the President and ask for an opinion of the Attorney General without a vote of the 3oard authorininc him to do Er. McAdoo stated that he thought that any member of the 3oard was at liberty to ask the President to request an opinion of the Attorney General without a vote of the Board, and that it rested within the discretion of the President to comply or not with such a request. hr. McAdoo stated that he Ion thought the power of any member of the Board to make such.a request of the President should not 1?e denied. Er. Mier inquired whether Er. 7amlin had acted on his own motion or otherwise. Er. 7amlin said that he had acted on his own authority. r.Tilliams stated that, although he knew nothirr; of the opinion requested of the Attorney General nntil this morning, he considered that the Governor had been thorou7h17 justified in making of the President the request he did for the Attorney General's opinion, in view of the emorcmncy which had developed as a result of the Camdttee's report, and which, in his opinion, threatened the success and inteiTity of the Federal Reserve System. He stated that when the Committee made its report on the 15th instant, he had clearly understood from the discussion which promptly followed that the Committee insisted upon immediate consideration and definite and final action within the ensuing few Mr. Williams then reminded the Committee that Mr. Delano had stated at the meeting of the 15th that unless the subject should be taken up; considered and acted upon within the few days next ensuing, that it would probably have to be deferred until December 11, in order to have a Pull meetinc; of the Board, and this delay Mr. Delano had strongly objected to. Mr. Williams asked Mr. Delano if it had not been his intention and expectation to have the subject definitely acted upon before the 11th proximo. Mr. Delano said that that had been his expectation. :Ir. Williams moved that a stenographic relert of the discussion, and of all other discussions relating to redistricting be proveded by the Board. Mr. Delano opposed the motion, saying that he thought no one meeting or subject was more Lnportant than any other, and held that .none should receive more attention than any other. Mr. LicAdoo favored, the proposal. Yr. Thrburg expressed the view that such a report should be taken at all meetings of the Board or never. Mr. Harding suggested that Mr. Williams modify his motion so that a stenographic report should be provided on the present occasion and 11_ on any future occasion at the request of two momboo of the Board. Del:,o said he .esired to record once more the reason for his position against this pro_ —al, saying that the records should be kept always or not at all. Mr. Miller took the view that the members would not be able to express their thoughts so frankly and freely if stenographically reported so that the result of the keeping of such a record would be to bring about meetings of a parliamentary and stereotyped variety with the real deliberations taking place outside of the Beard room, of which he be lieved there already was too much. Lfter further discussion the motion was It)14. withdrawn. 1.:r. Hamlin, by request, read the main coL/clusions of the Attorney General's opinion with reference to the powers of the Board in regard to redistricting. Mr. Delano called attention to the fact that in the past the Attorney General had declined to furnish opinions to the Board, and asked whether the opinion now offered was written by the Attorney General himself or by a subordinate. Mr. Hamlin replied that he had no lmowledge on this subject but that it was signed by the Attorney General. hr. Harding called attention to the point which had been made during the hearin.n;s of the redistricting appeals, to the effect that members of the Organization Committee should. properly have no vote in decidinr: such appeals. No action was taken with reference to the point thus made. Thrburg was formally recognized. He expressed regret at what had occurred during the meeting. The events of the day had damaged the Board, in his opinion, more than anything which had 191 Het occurred in its history. He thought the Gov- ernor had no right to address the President, as Governor, without authority from the :Board. There had been unseemly haste in the whole matter. The attitude adopted by those who had thus hastened to secure the Attorney General's opinion, sue;gested the thought that the Board had intended to do something of an ill-considered nature. The whole procedure must have implied that there was to be a snap judgment. This had Nsrepresented the Board. Er. McAdoo said he could explain the w.dole matter. He had thought that after the meet- ing of November 15, definite action was to be had at this meeting (November 22). He had then sup- plied the Attorney General with all the data in his possession, saying that he wanted an opinion by.this meeting. The Attorney General had then taken the matter under consideration. When the opinion of Er. J. P. Cotton was received he thouht it was better that the Governor of the Board should sak the President for an opinion be- T:1) 111 cause he (Mr. McAdoo) had been a member of the Organization Comnittee. This made it possible to got an opinion today, and explained the fact that the data had been in the hands of the Attorney Ge erol before Mr. Hamlin's letter was written. 1,:r. Warburg replied all this did not alter the fact that the Board had not.authorized the request for an opinion. He wished to add that there had never been any intention of cutting short discussion or acting hastily. On the question of legal authority he thought the inquiry had placed the Caziittee in an unfortunate position. Er. Williams called attention to the fact that Mr. Elliott, as long ago as lost spring, had filed on opinion in which he took a position adverse to the possession of this power by the Board. Continuing, Mr. Warburg said he was unwilling to be described to others as one who was ready to act without having the law on his side. The Committee had merely reported certain facts and conclusions it had arrived .at. He, himself, wan definitely of the opinion that those who favored a reduction in number were not conteplatinc anythinc to the detriment but to the credit of the 2ederal aeserve aystem while those who refused to have such action considered were, in his opinion, hurting the system. Ho thought the Connittee re- port ought not to have been sent to any outsiders. The Committee had never agreed on any specific plan of redistricting. Board ought Pprther, he thought the discuss very seriously the question haw far the nets or resolutions of the Board are binding upon all its members and how far the Governor of the Board is authori7.ed to act without instructions from the Board on such questions as he may deem best. Mr. Delano said the harm in the incident lay in the fret that the Governor had not made it clear to tho President that his act was not that of the Governor of the Board but that of an individual. Er. Harlin called attention to the fact that that was exactly what he had done and re-read his letter to the President in which he asked for an opinion an behalf of himself as a member, as well as Governor of the Board. Er. McAdoo said he thour;ht the discussion haw the opinion was obtained was not material. The object was to get at the merits of the question. He, however, thought that every member of the Board had the right to appeal to the President if he desired. Er. Warburg said that in former cases a definite plan had been followed. State banks He cited the mapbershir case when the opinion of the Attorney General had not been asked because it was thono,ht it might bind the Board's hands. 1:r. Harding incluired whether the Attorney General's opinion did not prevent action. Er. McAdoo said that it did not in express terms prohibit the contemplated action but tended to make it difficult by pointing out its illecality. -larburg referred to the fact that 1 a forner occasion when the question of neutrality had. been raised, he had desired to put the subject before the Attorney Gen,,r:-1 but had felt that he had no right to do so. Tle wished to odd that he had sincerely thought until very recently that the lecretory of the Treasury was favorable to the idea of redistricting, aud possibly reducing the number of bank. Ho therefore felt surprised at the attitude which was now adopted. EcAdeo expressed surprise that Er. • Thrburg should think that he was in favor districting. of re- He said that he was or-nosed to a reduction in the number of districts and thought it would be exceedingly unwise, although he had never objected to a consideration of a re-adjustnent of the linos of the district as they had been laid out by the urganization Committee. On motion the Board r7ronted authorit7 to affect settlehient in the (old of the current week instead of T day bein holiday. on Prid - 1020 On motion at 1-00 p. in. the Board adjourned to moet nt 3:00 p. m. this aff day. Secretary. OhaI man.
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