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Wednesday March 16, 1938 4:30 p.m. HMJr: R. E. Hello. Wood: Hello. HMJr: General Wood. W: HMJr: W: HMJr: W: HMJr: Yes. Henry Morgenthau, Jr. Yes. How are you? Fine, thank you. General, I wonder if General Westervelt could come in Monday and spend a day or two with me and talk things over - what we're trying to do on this price business. W: George left for the Coast, I mean the Pacific Coast HMJr: Yes. W: But he'll be back in a week. HMJr: Uh huh. W: I can have him come just as soon as he gets back. HMJr: Well W: Would that be too late? HMJr: Unfortunately I expect to go away on the twenty- W: Well, he could come wherever you wanted him to. HMJr: But I mean, he's got obligations to keep him on the Coast until then? W: Well, it would keep him there until the twentyfourth HMJr: Oh. fifth - south. 242 -2- W: HMJr: W: HMJr: W: HMJr: 243 He couldn't get back to Washington on the twentyfifth. does he fly? Twenty-fifth Well, he does; I don't think he likes to. Uh huh. But he could be here on the twenty-fifth? Yes, I think he could, if he'll fly. Well, I was going - I'm leaving the night of the twenty-fifth if my present plans hold true. So even if I had a day with him it would be something. W: HMJr: W: HMJr: W: HMJr: W: Well, I'll tell you what I'll do. I'11 wire him Yes. ..on the - I'll wire him out in Los Angeles. Yes. And ask him if he could fly back on the twenty- fourth so he could get to Washington and see you on the twenty-fifth. That's right. I'll wire him. And then as soon as I get his reply we'11 wire you tomorrow. HMJr: W: HMJr: W: HMJr: All right. And. Will that be all right? That's all right. All right. Now - you'll let me know. Now, that's number one. Now number two. If I was going to sit down and try to do the same - this is, of course, confidential - the same kind of job on cement that we did on tires W: Yes. HMJr: Who would be the fellow that would be a good fellow to sit on my side of the table? 244 -3- W: HMJr: W: (Laughs) Who? I say, that's a tougher problem. W: Well, you can - will you think that over? I'll think it over and let you know. HMJr: I want - I want somebody that can do the job. HMJr: W: You see, our trouble is there that we buy everything for consumption but we only occasionally buy - we don't sell cement. HMJr: Yes. W: So the only time we ever buy cement/when we put HMJr: is up a building. Well, but you might know of somebody that - you might have W: I'll inquire, Mr. Morgenthau, and I'll let you know. HMJr: Will you? W: Yes. HMJr: All right. Now, how's your business in the last week or ten days? W: Damn poor. HMJr: I see. W: I don't like the looks of this thing at all. HMJr: W: You don't? I've been hopeful she'll make a turn but so far it looks awful bad. HMJr: Uh huh. W: There's one encouraging - the only encouraging thing is that this housing bill appears to be taking hold. -4HMJr: W: HMJr: 245 Yes, it does. And our building departments are the only three departments we've got that show an increase. The building? Paint, plumbing and roofing and mill work. HMJr: I see. Those three are showing an increase and everything else is skidding. HMJr: I - is skidding? Yes. HMJr: Uh huh. I mean, confidentially, I - of course we won't publish our figures until the end of the month - we ran through January and February around 2 per cent decrease. HMJr: W: Yes. We're hitting now, the first two weeks in March, a fifteen per cent decrease. HMJr: Not so good, huh? W: And, while some of that covered Easter - I mean, as late a position as Easter HMJr: W: HMJr: Yes. It's still bad. I would say even allowing for that it's ten per cent. I see. Well, I don't want to live with my head in the sand, anyway. W: HMJr: #: HMJr: No. (Laughs) None of us do. All right. All right. But don't - but think about a fellow that might sit on my side of the table on the cement even though somebody - even if he wasn't with Sears somebody we could put - say, well -5246 W: HMJr: If I had a man of my own of course he's at your service. Yes. W: Because we're absolutely independent. HMJr: Yes. W: I mean, nobody has any strings on us. HMJr: W: Yes. And he'd be working for you just as much as he'd be working for us when we buy goods. HMJr: Yes. But unfortunately I haven't got, in that line, any body of the caliber of Walker. HMJr: I see. W: Didn't you find Walker a very able fellow? HMJr: Oh, he's tops1 W: And he's a fine man too. HMJr: W: HMJr: W: HMJr: W: Yes. I was simply delighted. He's a very able man and a very fine man. I was most appreciative of having him. He was delighted with you I might say. Well, it was mutual. All right. HMJr: Thank you. W: Good luck. Wednesday March 16, 1938 5:08 p.m. HMJr: Hello. T.O.: Dr. Burgess. HMJr: Hello. R. Burgess: Oh, hello, sir. HMJr: Hello, Randolph. B: Well, they've held very well after the close. HMJr: They have? B: There're some bonds around but they're not being pushed very much. HMJr: B: I see. Any gossip, I mean, about our operations? No. I saw the press and they said, "Did you buy some cheap bonds?" And I said, "Well, there were some cheap bonds to buy," but I said the market behaved very well. HMJr: B: HMJr: B: Uh huh. And took care of itself very nicely. Well, I think it's all to the good. Well, I think so, yes. I think it was a good thing to do, Henry. I was a little skeptical at first as to whether it might not go through without it but I think it was wise to do. HMJr: Well B: You were right as usual. HMJr: Well, I won't say that until about this time tomorrow night. B: (Laughs) Well, I think we've got quite a question tomorrow. HMJr: Yes. B: I think we ought to do - do probably something the same thing but I'm not quite sure at what price it ought to be. 247 -2HMJr: Well, I'd like to see the market open and then after you've got a feel of it I wish you'd call me. B: Yes. All right. I've got to speak to the Stock Exchange Institute at a quarter of nine but I'll be back here at a quarter of ten. HMJr: B: HMJr: Good. Then as soon as you get a feel of the market give me a ring. All right. Thank you, Randolph. First rate. HMJr: Goodnight. 248 249 March 16, 1938. 5:10 P.M. H.M.Jr: Hello Governor Ransom 0: H.M.Jr: Hello R: All right, sir. H.M.Jr: Well I just got through talking to Burgess Yes. R: and he says that we were right as usual. H.M.Jr: R: It worked. H.M.Jr: You've heard the story. R: Yes. H.M.Jr: Twelve and a quarter or twelve and a half million R: Yes. H.M.Jr: and there were other buyers in the market besides ourselves after we showed our confidence. That's right. R: H.M.Jr: And he said Devine had six million and he sold five of them. R: Yes. H.M.Jr: And the mar R: Ah - Burgess feels very happy about it to-night. (Hearty laughter) Well it worked. H.M.Jr: It worked and he's a good sport - he says it worked. R: Yes. H.M.Jr: Now, of course, tomorrow is another day. -2250 R: That's right. I've talked, in the meantime, to George Harrison, John Sinclair and Marriner Eccles so that I have talked to five men who would con- stitute the Executive Committee. They were all advised about it and all in agreement with it. H.M.Jr: R: Good. Of course, George has mental reservations - the state of Siam things but may be involved and a few other H.M.Jr: Well the damn thing worked anyhow. R: That's the principal thing - it worked. H.M.Jr: Yes. R: H.M.Jr: R: And it shows that it will work. That's right. So let's watch tomorrow with interest. R: All right, sir. I'm glad it worked just that way. H.M.Jr: I am too. R: Proqves the case. H.M.Jr: R: H.M.Jr: (Laughs) That's right. All right, thank you for calling me. Good-bye. March 16, 1938 My dear Mr. President: For your confidential infor nation, I beg to inform you that we have sold today another $2,500,000 worth of gold to Sweden which makes a total of $7,500,000 they are keeping on deposit with us. Faithfully yours, The President, The White House. 251 252 CABLE From: Sveriges Riksbank Stockholm, Sweden To: Federal Reserve Bank of N.Y. Date: March 15, 1938 #20. We wish to buy gold for $2,500,000 to the debit of our account please make necessary arrangements please cable result. 253 March 16, 1938 Employment figures: Week ending March 12 2,243,865 Increase over week ending March 5 77,160 254 March 17, 1938. 10:22 a.m. Hello H.M.Jr: 0: Go ahead. Burgess: Hello H.M.Jr: Hello B: Oh hello Henry. H.M.Jr: Good morning. B: H.M.Jr: - Well this is opening quiet Yes. B: night. and - ah - prices about the same as last H.M.Jr: Fine. B: The dealers say there's a little better tone. H.M.Jr: Fine. B: There's some buying around. We haven't done a thing so far. We haven't even got bids in. H.M.Jr: Ah-ha. B: We're waiting, just as you said last night, to see what - ah - what happened. H.M.Jr: Ah-ha. B: So my suggestion is we stay out as we can but if it shows any weakness to go in again. H.M.Jr: Ah-ha. B: Is that your idea? H.M.Jr: Ah - It say that would be all right. All right sir. Now it may be that your switches - B: we get some bond switches - we can take some bonds off as they come along but we're going to do a job if it shows any real weakness. -2- H.M.Jr: Did you do any - did you switch yesterday's? B: Well we did it against our bill maturities. H.M.Jr: Ah-ha - ah-ha - I see. B: H.M.Jr: B: H.M.Jr: B: H.M.Jr: B: H.M.Jr: We didn't sell anything else. Didn't sell anything - had open bill maturities. Ah-ha. And we've got big enough bill maturities so we can do it that way. Right - right - well let's watch it. Maybe that was a quick fast storm. If it takes care of itself why so much the- ifbetter. The foreign exchange situation is much better. Yes - yes the news looks better there. The London market is better. Yes, so if they - it may blow over without capsizing us. B: That may be. We'll probably get another reaction in before the day is over but we'11 see. H.M.Jr: O.K. 255 256 RE BANK HOLDING COMPANY LEGISLATION Present: Mr. Taylor March 17, 1938. 11:00 a.m. Mr. Upham Mr. Gaston Mr. Foley Mr. Diggs Mr. Ransom Mr. Jones Mr. Crowley H.M.Jr: Jones: All counted and present, Jesse? All present. Well, I've got a letter; haven't had time to sign it. Better sign it. (Signs letter) H.M.Jr: Yes. Jones: Do you want to read it or want somebody else to? H.M.Jr: Have they all read it? Jones: No. H.M.Jr: Shall I read it aloud? Jones: H.M.Jr: I haven't read it myself. Well, you just hold up your hand if it doesn't sound familiar. Jones: All right. H.M.Jr: "HAt the last meeting of the interdepartmental committee held in your office March 14th to consider recommendations to the President regarding bank legislation, and particularly to suggest a brief statement dealing with bank holding companies to be included in his message to Congress, you asked that the committee have further meetings and endeavor to arrive at, first, a suggested statement for the President's message, second, a definition of what constitutes a bank holding company, and, third, what governmental agency should be charged with the enforcement of any Bank Act affecting holding companies. "We have had two meetings and a free discussion of the 257 -2- problems to be considered. Free discussion? Jones: Free discussion. Full and free. Ransom: Very free. Jones: And nobody was timid. H.M.Jr: And nobody got a black eye. Jones: Nobody was timid and nobody got a black eye. Determined that Ronald Ransom - what was it that you said you were? Taylor: Ransom: Tried to get my status established, but didn't succeed H.M.Jr: "I attach the suggested statement for the President to include in his message to Congress. This represents the views of Governor Ransom of the Federal Reserve Board, Acting Comptroller of the Currency Marshall Diggs, Leo Crowley, Chairman of the Federal Deposit Insurance Corporation, and the Reconstruction Finance in doing it. Corporation. "It is the unanimous opinion that the operations of bank holding companies should not be allowed to expand. This being true is an admission that the principle of bank holding companies is not in the best interests of the country and that something should be done about them. It is with this thought that the last paragraph of the statement is included. "Should the President determine to use it and the Congress act upon his recommendation, the question of branch banking will naturally enter into the discussion. "The committee feels that other factors than a specific percentage of share ownership will enter into a proper definition of control. At all events it requires more time for study than we have had and should properly be developed in the Congressional Committee hearings. 258 -3- "As to the supervising authority, Mr. Crowley, Chairman of the Federal Deposit Insurance Corporation, has stated that the present Glass-McAdoo-Steagall Bill represents approximately his views, but thinks that the President or Congress should decide. "Governor Ransom and the Comptroller see no reason for transferring this authority which now rests with the Federal Reserve Board and the Comptroller, although they feel that if a change is made it should be the responsibility of one agency. "The directors and executive force of the Reconstruction Finance Corporation are of the opinion that this control is so involved with the question of bank supervision that the two should be considered together and ultimately rest with the Federal Deposit Insurance Corporation." Well, I'd say that this was a much better - that you came much nearer to agreeing than I had any idea Jones: Ransom: And down to there have - stated it about the way Yes, sir. You said we would be privileged to comment on it as we went along, and I would suggest that I'd like to withhold comment until we put into the record this suggested statement, about which I would like to say something. Jones: Now, here's the suggested draft. H.M.Jr: Has everybody seen that? Jones: No, sir. I made a - have you got a copy of it? Well, I've got a copy that Taylor gave to me this H.M.Jr: morning. Jones: I made one or two little changes, just a word or two. H.M.Jr: I don't think you'll catch it on reading it. You want to read it and I'll watch it. Jones: See what the changes are. I would like to know myself. I don't remember. "The establishment and maintenance of a sound banking system which would serve the public interest has been -4- 259 a constant objective of this Administration. In furtherance of this objective Congress should again consider bank legislation, particularly the holding company problem, and determine in what manner existing laws dealing with these companies should be strengthened H.M.Jr: It says here "In furtherance of this objective Congress should again give consideration to the bank holding company problem and determine Jones: I just thought "and in furtherance of this objective Congress should again consider bank legislation, particularly the holding company problem, and determine in what manner existing laws dealing with these companies should be strengthened and what limitations should be H.M.Jr: - that's a little change. Well, I don't - just talking for myself, I don't like it as well, because the way it is now it directs Congress's attention to the bank holding company, and you bring in the question of bank legislation. Jones: H.M.Jr: Will you read it the way it is there; I've forgotten. I mean that's the whole thing. "In furtherance of this objective, Congress should again give consideration to the bank holding company problem and determine in what manner existing laws dealing with these companies should be strengthened and what limitations should be imposed upon their development. Jones: That's all right. Diggs: And further, Mr. Secretary, this is a bill on monopolies, so it wouldn't come naturally to say bank legislation unless H.M.Jr: Jones: No, I much prefer this. "11 right. "I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies -5- 260 from establishing any more branches, and that would H.M.Jr: make it illegal for a holding company, or any corporation or enterprise in which it is financially interested, to borrow from" - and I made an addition: "or sell securities to - a bank in which it holds stocks." I thought they might get around the borrowing "To borrow from ...." Taylor: "... or sell securities to "Sell its securities to..." - huh? Jones: What? Taylor: "Sell its securities to." Jones: " Jones: The idea is they can't sell any securities. Can't feed securities. I think that's just as dangerous H.M.Jr: Offhand, I'd say that was a good addition, but I haven't Jones: How does that strike you (Ransom)? Ransom: Again, I have a comment on the entire provision that Jones: "Believing this to be a sound principle of government, I suggest that any bank legislation make provision for the gradual separation of banks from holding company control or ownership." Upham: "Holding company control or ownership." Jones: I just - I put in a word there. Foley: Jones: Yes, "control or ownership." That's what we're shooting at - control. How do we have it there? Upham: "Ownership" Crowley: You want "control" in there too. Got to have "control," because ... Crowley as the been sitting in on all this. I'd like to make at the time -6- 261 H.M.Jr: Put "control or ...." Jones: ".... ownership, allowing a reasonable time for this H.M.Jr: accomplishment, time enough for it to be done in an orderly manner, and without causing inconvenience to communities served by holding company banks, or unnecessary loss to stockholders. Well now, the Treasury has a paragraph - a last paragraph. Squeezed it down a little bit. I'll read that. Nothing new in it except they've squeezed it down. "Believing it to be a sound principle of government, I recommend that this bank legislation make provision for the gradual separation of banks from holding company ownership, allowing a reasonable time for this accomplishment, time enough for it to be done in an orderly manner." They simply felt that there were simply too many "ifs, ands, and buts" in there. Want to take a look at that? Jones: That's all right. Ransom: May I see it? H.M.Jr: Sure. Add the words "control or." But they simply boiled it down. Taylor: In other words, "an orderly manner" would take care of what H.M.Jr: See? Jones: Yes, we've said the same thing. It's all right. Of course - "Believing it to be a sound principle of government" - but I should think it could be taken that if it wasn't a sound principle of government it Ransom: wouldn't be recommended. Foley: That's in both. That's in yours too. Diggs: We discussed that yesterday. -7Jones: 262 Ithat thinkinyou've - I would think he would put if we got left to it out. Ransom: Yes, that's Jones: See? Ransom: That's going to be the approach, yes. I merely wanted to say this, Mr. Secretary, that in this particular instance I have had to act on my own and not speaking for the Board. I am not entirely clear in my own mind whether the members of this committee, and their alternates, when they meet with you, are supposed to express Board sentiments checked what I've been doing with all the Board members who have been available, but unfortunately we have not had a quorum at any one time since this matter came up. or their own. In this particular instance, I have And while I do not know that anything that I might say on the subject would be not in agreement with the thoughts of any other members of the Board, I would like to make it perfectly clear that I am speaking for myself, and that at such time as Board action is appropriate, I would seek to obtain it. H.M.Jr: Well, may I ask just one question. Ransom: Yes. H.M.Jr: As you go along in these meetings, you keep the Board members who are here advised of what you're doing? Ransom: Correct. H.M.Jr: And as far as we know, when you come here and agree, those who are advised are in agreement with you. Ransom: Yes, I would not - if there were any difference of opinion known to me, I would express it. Now, unfortunately for me, the one man who I think is best informed of all of us on this subject, Mr. McKee, has been out of town, and I have not therefore had the benefit of Mr. McKee's advice, although I have talked to him once over the long distance telephone. But that is not very satisfactory in as technical a discussion as this. -8H.M.Jr: 263 Well, the only thing I'd like to ask, to protect ourselves - let's say we all agree on this statement. Well then, I don't want to find And I say to the President, "We are in agreement." I don't want to find a week from now that the Federal Reserve Board meets and passes a resolution condemning that statement. Ransom: All I can say is that I would be surprised if they did so, though I am not put in the position of representing them, as I understand it, but having to speak for myself. Now, if it came to the point that Mr. Jones has suggested, and which perhaps would seem a logical outcome of these discussions, namely, a committee hearing by Congress for a thorough exploration of the whole problem, and the Board should be called on for an expression of opinion, individually or collectively, I would anticipate that in the fundamental statement we are entirely in agreement. I have one or two reservations myself regarding the proposed statement for the President's message. Mr. Jones has already pointed out one of them - the implication in the last paragraph. Speaking for myself alone, I would like to see it in the message, for two reasons. H.M.Jr: What's that? Rensom: The question of what Jones: The last paragraph. Ranson: The unfreezing process. We first propose that they shall be frozen as they are, and then that something else shall be done about it. I say that I personally like that for two reasons H.M.Jr: May I ask - what you're talking - the point you're talking to is what you call the death sentence. The death sentence. It seems to me to be, as Mr. Jones has it worded here, rather indeterminate. A death sentence raises a great many questions of administration, control, and supervision which I think are important. Now, I think it also raises, Mr. Secretary, the very important question of branch banking. I don't think that particular question can Ranson: 264 -9- be intelligently avoided when we approach this subject. But I have this feeling: that in submitting the recommendation to the President, that, at least, should be pointed out to him. H.M.Jr: Ransom: Well, it's in Mr. Jones' letter. Yes. Well, I'm fully in accord. H.M.Jr: Well, it's very pointedly brought to the President's attention. Ransom: Yes. Jones: "Should the President determine to use it and the Congress act upon his recommendation, the question of branch banking will naturally enter into the discussion." Ransom: I just want to say that I am fully in agreement with H.M.Jr: What I was going to do was like this: "My dear Mr. President: After a number of meetings of your interdepartmental committee on banking, I have the pleasure of forwarding to you a report on the bank holding situation. You will find attached herewith a copy of Mr. Jones' letter on this subject and also a suggested message for you to send to Congress. I am pleased to inform you that the recommended message has the unanimous approval of the members of this committee. We await your pleasure in regard to this the fact that it will inevitably enter into it. matter." I mean - what? Jones: That sounds all right to me. You've (Ransom) got the reservation that you do not speak for the Board. Ransom: Yes, I have to make that reservation. H.M.Jr: I know, but going into If I'm speaking as a member of this committee, I'm definitely committed. Ransom: 265 -10- H.M.Jr: Well, listen, I'm satisfied, and that shadation - it will never arise, as far as I'm concerned, and and it's like what we did yesterday, we act first, then we get your authority afterwards. Jones: Ronald, let me see, in my letter I said "the views of Governor Ransom of the Federal Reserve Board." I don't say that you're acting for the Board. H.M... And 1 just simply say "members of your committee." I don't say who is on "your committee" or anything else. I just say "members of the committee." As a matter of fact, this committee has no legal status, as far as I know, anyway, has it? Foley: No. Taylor: Very questionable. Jones: I was careful to say also here for Mr. Diggs, "Acting Comptroller of the Currency Marshall Diggs." Now, when I get over here I remember that we had discussed this question of where the control should be when Jefty was here, so I said in that that "Governor Ransom and the Comptroller see no reason for ..." because he had expressed himself at the last meeting, and I had in mind particularly that he wasn't here today and he was here the other time. Ranson: May I finish please, Mr. Secretary. There were just two points in the statement that I wanted to call your attention to. H.M.Jr: Go ahead. Ransom: One is that I think it contains a gap in that it does not specifically refer to existing law on the subject. I discussed that at some length with the committee yesterday and I am still of the same opinion, and I still think that the statement that the President makes would be a better statement if it referred to the fact that legislation had been enacted during the present administration on the subject, whether you specifically referred to the Banking Act of '33 or '35 or not. I think that is a serious gap. I am also somewhat puzzled about where we would come out in the prohibition against - the provision that -11- 266 would "make it illegal for a holding company, or any corporation or enterprise in which it is financially interested, to borrow from a controlled bank in which it holds stock." The principle there I think I understand. The practical operation I will have to question and leave to these gentlemen, many of whom have had greater experience in this field than I have. It seems to me you will be putting some very drastic limitations on some transactions which might be perfectly proper. Crowley: Now, I am not at all insistent. I am merely pointing that out because I think that if the President commits himself to that and legislation should take that direction, we might find some extremely difficult administrative problems involved in it. The only change that I would have made in that would be to change it in this respect, and say "and that will make it illegal for a holding company, or any corporation or enterprise controlled by it to borrow from a controlled bank." Well, Ronald, as I see this thing, we're not getting into the detail of legislation on this thing. - Wait until he gets through. H.M.Jr: Just one second. (Receives clippings from Mrs. Betts) The market is up about a point. Government bonds are up a fraction. Jones: Good. Crowley: commodities are up a little bit. Huh? Looks as though the worst is over. All right, go ahead. Well, as I see the thing, you can't discuss in detail what's going into legislation in a message. I think in principle that this carries out every view that I have on the thing and if he's going to deliver a message he can't send one up there of milk and honey; he's got to put some kick in the thing. And if you're going to get any reform at all, the only way you're going to get a reform is by going perhaps even farther than you might hope to finally win. But if you come out here and agree right off the bat that you're for just freezing, then they'11 start to trade with you, and when you get through all you've got left is the number of your bill. -12- 267 And as far as your dealing with the subsidiaries and the affiliates, I think, Ronald, a lot of our Ranson: Crowley: H.M.Jr: trouble - and as you g et in and study this thing, you find so many banks and bank holding companies that have affiliates that the bank holding company is really a small part of their business, when you find all the other things they have. And if anything is going to bring down a trouble on our heads eventually in this bank holding company thing, it is going to be their depositing their funds in their parent bank and switching assets back and forth and loaning to their affiliates, so that when something happens they've got all their banks in jeopardy, as we know has happened in the past. Now, I think that is all a matter of detail that has to be discussed later. But in the principle of the thing, I don't see how the President could say less than he is saying here and have his message effective. I wasn't suggesting that he say less, Leo, but that it be somewhat clarified to avoid possible misunderstanding in the future. Now, if you gentlemen who have handled this problem don't think that is a problem, why, I'll defer to your judgment in this matter. I don't think this message, as I say, gets into the problem at all, and it is only setting forth a policy. Now, just because he says that they shall not borrow that doesn't necessarily mean that the legislation will be so rigid that it would cause unnecessary hardship. And he doesn't say - in the elimination of them, he doesn't say it will be three years or four years. He says a program will be set up for their gradual elimination. And I don't see where branch banking comes into this thing at all, unless we inject branch banking. I certainly don't think there is any tendency on the Hill to deal with a hot subject like that. Well, Senator Glass in his bill didn't attempt to nandle branch banking. Jones: These boys thought that it would come up, and we just wanted to mention that to the President. He doesn't - -13- 268 he's not going to be retarded by it. But you can't keep any subject confined to just the line that you want to go on when you get on the Hill. And I think this, Ronald, that on the question that you raised, it will, of course - Congress can always give more time to correct it. You may find the present situation like that of bank officers in banks, don't you see, where Congress had to extend the time in which they could pay those debts. So the house isn't going to be pulled down by any legislation. But I think that whatever he recommends should have just as much teeth in it as he could put in it. Ransom: Let me just remind you that yesterday you took some of the teeth out that I had put in. I think that was all right. Jones: What was that about, the years'35 and '36? Ransom: About the device - may I look at this copy? Is this the final draft? No. Which is the final draft? Jones: Gaston: There isn't any. Some words to come out of Mr. Jones' draft, and then some words to be inserted in the other. I have one in which those changes have been made. I just noted in the margin your comments. Ranson: Yes. I took yesterday evening, Mr. Secretary, the draft that we had before us yesterday, and I made some textual changes in it, and I will submit that to all of you for your consideration. One thing that I would like definitely - the rest of this seems relatively unimportant - I would like, if we can, where we - to say "In furtherance of this objective Congress should again give consideration to the bank holding company problem and determine in what manner existing legislation enacted during this administration should be strengthened and what limi- tations" and so forth. My reason again there is that this administration has been in office five years, has enacted some very important bank holding company legislation, and I would not like the President's message on the subject to give the impression to the public or to Congress that legislation already enacted was wholly inefficient, that it missed the target, or that nothing had been done about it at all. And for 269 -14- that reason and that reason alone I would like to see somewhere inserted in this statement a reference to legislation which had been enacted during this administration on the subject. Jones: May I see that? Crowley: Well, we can work that out by simply saying that existing legislation, being adequate Ransom: I wouldn't say that, because I'm not sure that it is. Crowley: You mean it isn't adequate to handle the problem. Ransom: - wouldn't like to see the President say that the existing legislation was inadequate. Crowley: He says that when he says there is some reform he wants to make. Ransom: You may need additional legislation without referring to existing legislation as inadequate. Crowley: If you for it? ask for additional legislation, why do you ask Ransom: To strengthen existing legislation. Isn't that because it was inadequate? Just a difference of words. To me the words seem Crowley: Ranson: important. Jones: The rest of the textual changes I suggested there in the light of what Mr. Crowley says about administration. Did we have bank legislation before affecting bank holding companies? Ranson: Jones: Previous to this administration, not to my knowledge. I think you have to know. Ransom: No. H.M.Jr: Isn't the point - when was the Federal Reserve given the authority to regulate bank holding companies when they had over 50 percent? 270 -15Ransom: 1933. H.M.Jr: Well, wasn't that in this administration? That answers Mr. Jones' question. And the point that you're making is that that legislation wasn't adequate. Ransom: The point I'm making is that that legislation needs to be strengthened. H.M.Jr: But it was in '33. Ransom: The situation has changed somewhat, too, Mr. Secretary. Diggs: Changing conditions, change in legislation. No serious objection. Jones: H.M.Jr: I don't think it is terribly important, one way or the other. If they feel strongly - what word do you use? "Supplement" existing bank legislation? Ransom: I think it ought to say "In furtherance of this objec- tive Congress should again give consideration to the bank holding company problem and determine in what manner existing legislation enacted during this administration should be strengthened and what limitations should be imposed upon the development of such holding companies." That is really our objective, as I see it. I don't think there is any disagreement on that. As to objective I think this committee is of one mind, Mr. Secretary. H.M.Jr: Well, I could go with you down to "should be strengthened" - period. "What limitations should be imposed upon ..." " - I think that that comes out, because you're not going to place limitations - I mean you're going to do away with them. You say "legislation enacted during this administration should be strengthened" - period. See, you're not going to put limitations, you're going to do away with them. Jones: That's right. H.M.Jr: Could you take that, Ronald? Down here - "legislation should be strengthened" - period; then cut off the rest. Ransom: That's all right, surely. -16H.M.Jr: Ransom: Then go on with the rest of the story. This is just a preamble. I think, as a matter of fact, Mr. Secretary, that change ought to be made in the draft Mr. Jones submitted, because if we're going to say what limitations should be imposed on their development and then impose an indefinite death sentence Diggs: That's your draft, sir. Jones: This my original draft? Diggs: No, that's the section My draft with this change. That's right. Jones: H.M.Jr: Jones: 271 "The establishment and maintenance of a sound banking system which would serve the public interest has been a constant objective of this administration. In furtherance of this objective, Congress should again give consideration to the bank holding company problem." H.M.Jr: Crowley: Ransom: Crowley: Ransom: H.M.Jr: Ransom: That's the same;up to here it's just the same. Well now, don't you say there "In furtherance of this objective Congress should again give consideration" isn't that admitting they did it once? The point about that is, Leo, that it seems to me important that this particular administration should put itself on record as having already dealt with it by existing legislation. Well, we do that to "again." It doesn't specifically refer to the bank legislation passed through this administration. "Again" would imply there that there was existing legislation. "Existing legislation" - that's all he's putting in. "Again give consideration to the bank holding company problem and determine in what manner existing legisla- tion enacted during this administration should be 272 -17- strengthened." Jones: I'm for that, if they didn't have legislation dealing with holding companies before. Ransom: Well, Mr. Upham says not, and it is my understanding Upham: There was none before that. there was not. Ransom: All right. With that assumption - "what manner existing legislation enacted during this administration should be strengthened" - and cut that there. Just have to add this (writing in revision). "Enacted during this administration should be streng- H.M.Jr: "To determine in what manner existing ...." Jones: "Existing laws" instead of "existing legislation." Ransom: "Laws dealing with these companies" - strike out Jones: H.M.Jr: Gaston: thened." "legislation" - "enacted during this administration." don't see why you should point exclusively to that legislation. You could say "determine in what manner existing laws, including legislation dealing with these companies enacted during this administration." Jones: That's all right. H.M.Jr: Fix it up, Herbert. You've earned your salary today. While he's writing that, may I take a look at my H.M.Jr: market for a minute. We had a bad one yesterday. (Secretary goes out) Gaston: "In furtherance of this objective, Congress should again give consideration to the bank holding company problem, and determine in what manner existing laws, including legislation dealing with these companies enacted during this administration, should be strengthened, and what limitations should be imposed upon their development." -18Jones: That last is to come out. Ransos: Yes, I think that's enough. Little inconsistent otherwise. Gaston: You're quite right. Gaston: 273 "I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies Jones: Now wait just a minute, Ronald's got a Ransom: That's not important; just a textual change. Jones: Yo ahead. Gaston: and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for a holding company or any corporation or enterprise in which it is financially interested to borrow from or sell securities to a bank in which it holds stock." Mr. Ransom's suggestion there was that we make it "an enterprise which it controls to borrow from or sell securities to a bank which it controls." Ranson: I don't - just don't know what we're getting into. Leo says we're not getting into any trouble on it, and he's had more experience than I've had, so it's all right with me. Jones: we're talking about a bank holding company, see? Another corporation that wasn't a bank holding company would not be precluded by that from selling them a security or borrowing from the bank. Crowley: My idea was, Ronald, when we sit down and discuss whatever we're going to do, that then we'll try and reach a mind on what we're going to do with these fellows on controlling these loans, as to how far you want to go on the thing. But what I'm getting at is, I don't think in a message that you can work it out in detail so they will understand everything that we don't understand ourselves now; because I don't think 274 -19- that you or Marshall or Jesse or any of us can say definitely how far you want to go on that thing in detail. Can you? No, I wouldn't undertake now to say that. So this covers the thing. No use trying to go into detail. He's in as deep water as we are, as I see it. Ransom: Crowley: I'm not at all insistent on this. I think it opens Ransom: up & pretty wide field, but we're opening a pretty . Jones: wide field anyway. Branch banking, too. It's all the same. You open up - you're not going to exclude anything from these hearings when they get to having them. Now, have we got a completed copy? Crowley: Of course, personally, I think there's been a lot of Ransom: Yes, I rather suspect so. Carrying out instructions. shadow-boxing here. (Secretary returns) H.M.Jr: Well, everything's all right. Boy! That was a bad Ransom: That was bad. Jones: Now, the way we are in agreement H.M.Jr: Diggs: day yesterday, wasn't it? I'll send you people a photostat of a complete copy of what I send the President, see? Mr. Secretary, the first meeting I attended here, it seemed to me our big problem at that time, which isn't going to be solved here, was the Bank of America and Trans-America. That was the big problem. H.M.Jr: That's right. Diggs: My feeling has been that the Trans-America can dispose of all of its stock, distribute it, and will do so on very short notice, if such a bill is passed; so we've not accomplished anything really, because the other -20- 275 holding companies are very minor and are not giving any trouble. And I'm just wondering whether we're getting at what seems to be disturbing every one. Ransom: I might inject something of an answer to that that might throw some light on it, because you haven't been in on our other conferences. What you (Diggs) say is the reason that I objected to any very broad statements of great economic questions being involved in this problem, because I was afraid that as soon as you got rid of your existing holding company problem you still had these large aggregations of controlled banks under existing branch banking systems. But I think that's avoided, Marshall, by the wording of this, which doesn't commit the President to any tatement that there is a broad economic question involved. This really, after all, reduces to an effort to further control existing agencies. Now, if those agencies disappear of their own accord, it doesn't seem to me we'd have that problem. Might have another problem, even more difficult to solve. But that would have to come in due course. Now, does that in part answer your question? Diggs: But we haven't got to the one thing that disturbed H.M.Jr: Well, isn't the question of Bank of America one largely Diggs: Yes, to some extent, probably. In other words, as long as it was controlled by Trans-America and the borrowing back and forth there - I think that's one thing which this does eliminate. But once he distributes his Trans-America stock, they can still continue to carry us here at the first meeting. We still have that. of bank examination? that. on. H.M.Jr: He can continue to do what? Diggs: To borrow, which is what we try to eliminate. H.M.Jr: Who can borrow what? Diggs: Trans-America could borrow from the Bank of America, if they distribute their stock and are not an affiliate or a holding company. 276 -21H.M.Jr: That's where I say, then, you come in. Diggs: Then we come in from the examination standpoint. H.M.Jr: Diggs: H.M.Jr: Diggs: And if it's a good risk, all right. If it isn't, you say "No. If I mean it seems to me that that is your responsibility. That's right. If it's a good risk for the Bank of America to loan the Trans-America, all right. If it isn't, it is up to your examiners to shut down on them. Right. That seems to me to meet the situation. Diggs: whether it's a good loan or not, from then on out. H.M.Jr: Yes, if it's a good loan. And then, in addition to that, there is another investigation going on, which you may or may not be familiar with, and that's the question of S.E.C., and they're going into TransAmerica from the standpoint of listing. So I think that investigation, plus very careful bank examination, ought to meet the situation, once Trans-America divests itself of its stockholding in banks. And the other thing, to answer your question, is this. After all, this is an expression on the part of the President as to his attitude towards bank holding companies, and it gives these fellows ample warning to get their house in order. So - I mean I don't think any of these things can be done overnight, and I think in this case it would be dangerous to do it overnight. But it's putting these fellows - the President putting them on notice: "Now look here, this is something that this administration doesn't like. Now, you fellows get ready.' I think it's going far enough and fast enough, personally. Diggs: Crowley: Well, I think it's going far enough. I don't think, Marshall, that Giannini can run out as fast as he might think he could, because when he distributes his stock he's got to do something with his holding -22- 277 companies that hold his other affiliates. What I think will happen with Giannini - he'll come to Washington, meet with the Federal Reserve, Comptroller's Diggs: office, and F.D.I.C., and work out a program that likely will give that thing a gradual house-cleaning. Well, where are we going to be with the Northwestern and First National? I mean let's assume that we Congress enacts a law saying that they must be eliminated in five years or ten years. Will they take five years to do it, or will they immediately sell the stock and will it be deflationary in the Northwest? H.M.Jr: Jones thinks that, on reconsideration, he'd like to see that last sentence left in there: "and without causing inconvenience to communities served by holding company banks," etc. Jones: I think that's a thing the President ought to say. Crowley: Would you say "loss" or "undue hardship I don't care. Doesn't make any difference. Jones: Ransom: Jones: Make no suggestion on it, Mr. Secretary, but I did have a mental reservation whether the President wanted to suggest that there was going to be a loss to stockholders at a period when it is so very difficult to get capitalization into banks anyway, and I myself would have been reluctant to suggest the use by the President of the words "loss to stockholders" at a time when they are super-sensitive about it anyway. But, Ronald, these fellows are going to holler. You can't keep the other fellow from hollering. Says, "This is going to be a loss." He beats them to the draw here. Crowley: My short experience in legislation - if you give them a message that's got a good shot Jones: "And without causing inconvenience" - that answers them when you say, "What you fellows going to do without a bank?" And then "or loss to stockholders H.M.Jr: I think you better leave that part off. Kind of puts " 278 -23- ideas in your head. Jones: "Without causing inconvenience to communities served by holding company banks." H.M.Jr: Upham: And leave off the "loss to stockholders." Yes, we've agreed to that. H.M.Jr: I'd leave that off. But the community part I'd like. Jones: I'm compromising with you. H.M.Jr: All right on that? Jones: O.K. H.M.Jr: Now, Gaston, if you'd assume this responsibility of getting everything together, and then, say, maybe by four o'clock have my letter of transmittal and everything ready, and then have a photostat of everything I send to the President, so I can send it to each of you. Now, just this one thing. I had a press conference this morning and told the boys we were going to meet. They said, "What you going to do?" I said, "I don't know what we're going to do until we meet." See if you (Gaston) agree. "Going to send something over to the President?" I said, "If we agree, we will." So I don't see any harm in saying - not today, but some time tomorrow or Saturday, to give the President a chance - "Yes, we did agree, and sent something over to him." But give him a couple days' head start. Does anybody see any objection to that? Jones: H.M.Jr: I don't see a bit. So, Herbert, I'd simply say, if the boys ask, in order to give the President a chance - say that we're making progress. Gaston: Yes, yes. Jones: And everything is referred to the Secretary. 279 -24H.M.Jr: And then, if I sent it over tonight, why, maybe by Monday we'll admit we sent it over and that gives him a couple days' head start on it. Gaston: The President a week ago last Tuesday said that he expected to have a report from you in two weeks, and why couldn't we tell the boys, "Well, the President said in two weeks. That was a week ago Tuesday. We hope to get something in time." H.M.Jr: As a matter of fact, we'll have this on his desk tomorrow morning for his press conference. If he wants to handle it, he can handle it at his press conference. I don't want to - just simply say that we're making progress, so as not to put him'on the spot. Well, I'm tickled to death. May I thank everybody. TREASURY DEPARTMENT 280 INTER OFFICE COMMUNICATION DATE Secretary Morgenthau TO Wayne C. Taylor FROM Attached as A is the revised draft of the proposed message on bank A.M. holding companies which Mr. Jesse Jones will submit this afternoon. This represents a combination of the FRB and RFC proposals; the first paragraph being Ransom's and the second and third paragraphs, with slight modifications, Jesse's. This is satisfactory to FRB, RFC and the Comptroller of the Currency provided the President is made aware of the fact that the last paragraph inevitably will raise the branch banking question. Attached as B is a revision of A as we (Messrs. Oliphant, Upham and I) think it should be. The only change is in the last paragraph which is somewhat strengthened in our draft. weT. Enclosures - 2 3/16/84 281 The establishment and maintenance of a sound banking system which would serve the public interest has been a constant objective of this Administration. In furtherance of this objective Congress should again give consideration to the bank holding company problem and determine in what manner existing laws dealing with these companies should be strengthened and what limitations should be imposed upon their development. I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for a holding company, or any corporation or enterprise in which it is n sell securities to financially interested, to borrow from a bank in which it holds stock. Believing this to be a sound principle of government, I suggest that any bank legislation make provision for the gradual separation of control banks from holding company ownership, allowing a reasonable time for 1 this accomplishment, time enough for it to be done in an orderly manner, and without causing inconvenience to communities served by holding company banks, or unnecessary loss to stockholders. . 282 Secretary Morgenthau Mayne C. Taylor Attached as A is the revised draft of the proposed message on bank holding companies which Mr. Jesue Jones will submit this afternoon. This represents a combination of the FRB and RFC proposals; the first paragraph being Ranson's and the second and third paragraphs, with slight modifications, Jesse's. This is satisfactory to FRB, RFC and the Comptroller of the Currency provided the President is made aware of the fact that the last paragraph inevitably will raise the branch banking question. Attached as B is a revision of A as we (Mesers. Oliphant, Uphan and I) think it should be. The only change is in the last paragraph which is somewhat strengthened in our draft. Enclosures - 2 3-16-38 #. 283 Secretary Morgenthan Wayne C. Taylor Attached as A is the revised draft of the proposed message on bank holding companies which Mr. Jesse Jones will submit this afternoon. This represents a combination of the FRB and RFC proposals; the first paragraph being Ranson's and the second and third paragraphs, with slight modifications, Jesse's. This is satisfactory to FRB, RFC and the Comptroller of the Currency provided the President is made aware of the fact that the last paragraph inevitably will raise the branch banking question. Attached as B is a revision of A as we (Mesers. Oliphant, Uphan and I) think it should be. The only change is in the last paragraph which is somewhat strengthened in our draft. Enclosures - 2 KNNr/net 5-16-38 284 Secretary Morgenthan Wayne C. Taylor Attached as A is the revised draft of the proposed message on bank holding companies which Mr. Jesse Jones will submit this afternoon. This represents a combination of the FRB and RFC proposals; the first paragraph being Ransom's and the second and third paragraphs, with slight modifications, Jesse's. This is satisfactory to FRB, RFC and the Comptroller of the Currency provided the President is made aware of the fact that the last paragraph inevitably will raise the branch banking question. Attached as B is a revision of A as we (Mesers. Oliphant, Uphan and I) think it should be. The only change is in the last paragraph which is somewhat strengthened in our draft. Enclosures - 2 /Hr/set 5-16-88 285 A The establishment and maintenance of a sound banking system which would serve the public interest has been a constant objective of this Administration. In furtherance of this objective Congress should again give consideration to the bank holding company problem and determine in what sanner existing laws deeling with these companies should be strengthened and what limitations should be imposed upon their development. I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for & holding company, or any corporation or enterprise in which it is financially interested, to borrow from a bank in which it holds stock. Believing this to be a sound principle of government, I suggest that any bank legislation make provision for the gradual separation of banks from holding company onnership, allowing a reasonable time for this accomplishment, time enough for it to be done is an orderly manner, and without causing inconvenience to communities served by holding company beaks, or unnecessary less to stockholders. 286 The establishment and maintenance of a sound banking system which would serve the public interest has been a constant objective of this Administration. In furtherance of this objective Congress should again give consideration to the bank holding company problem and determine in what manner existing laws dealing with these compenies should be strengthened and what limitations should be imposed upon their development. I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for a holding company, or any corporation or enterprise in which it is financially interested, to borrow from a bank in which it holds stock. Believing it to be a sound principle of government, I recommend that this bank legislation make provision for the gradual separation of banks from holding company ownership, allowing a reasonable time for this accomplishment, time enough for it to be done in an orderly manner. 287 A The establishment and maintenance of & sound banking system which would serve the public interest has been a constant objective of this Administration. In furtherance of this objective Congress should again give consideration to the bank helding company problem and determine in what sanner existing laws deeling with these companice should be strengthened and what limitations should be imposed upon their development. I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for & holding company, or any corporation OF enterprise in which it is financially interested, to borrow from a bank in which it holds stock. Believing this to be a sound principle of government, I suggest that any bank legislation make provision for the gradual separation of banks from holding company ownership, allowing & reasonable time for this accomplishment, time enough for it to be done in an orderly manner, and without causing inconvenience to communities served by holding conpany banks, or unnecessary less to stockholders. 283 3 The establishment and maintenance of a sound banking system which sould serve the public interest has been a constant objective of this Administration. In furtherance of this objective Congress should again give consideration to the bank holding company problem and determine is shat sanner existing laws dealing with these companies should be strengthened and what limitations should be imposed upon their development. I recommend that the Congress enact at this session legislation that will effectively centrol the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for a holding company, or any corporation or enterprise in which it is financially interested, to borrow from a bank in which it holds stock. Believing it to be a sound principle of government, I recommend that this bank legislation make provision for the gradual separation of banks from holding company ownership, allowing a reasonable time for this accomplishment, time enough for it to be done in an orderly manner. 289 THE ESTABLISHMENT AND MAINTENANCE OF A SOUND BANKING SYSTEM MIICH WOULD SERVE THE PUBLIC INTEREST HAS BEEN A CONSTANT OBJECTIVE OF THIS ADMINISTRATION. IN FURTHERANCE OF THIS OBJECTIVE CONGRESS SHOULD AGAIN GIVE CONSIDERATION TO THE BANK HOLDING COMPANY PROBLEM AND DETERMINE IN WHAT MANNER EXISTING LAWS-DEALING WITH THESE COMPANIES LEGISLATION ENACTED DURING THIS ADMINISTRATION SHOULD BE STRENGTHENED (AND WHAT LIMITATIONS SHOULD BE IMPOSED UPON THEIR DEVELOPMENT OF SUCH HOLDING COMPANERS.) I RECOMMEND THAT THE CONGRESS ENACT AT THIS SESSION LEGISLATION THAT WILL EFFECTIVELY CONTROL THE OPERATION OF BANK HOLDING COMPANIES, AND PREVENT HOLDING COMPANIES FROM ACQUIRING CONTROL, DIRECTLY OR INDIRECTLY, OF ANY MORE BANKS, PREVENT, DIRECTLY OR INDIRECTLY, OR BANKS CONTROLLED BY HOLDING COMPANIES FROM ESTAB- LISHING ANY MORE BRANCHES, AND THAT WILL MAKE IT ILLEGAL FOR A HOLDING COMPANY, OR ANY CORPORATION OR ENTERPRISE IN-WHICH-IT IS FIPANCIALLY-INTERESTED CONTROLLED BY IT TO BORROW FROM A CONTROLLED BANK IN-WHICH-IT-HOLDS STOCK. SUCH LEGISLATION SHOULD MAKE PROVISION FOR THE GRADUAL SEPARATION OF BANKS FROM HOLDING COMPANY OWNERSHIP, ALLOWING A REASONABLE TIME FOR THIS ACCOMPLISHMENT, TIME ENOUGH FOR IT TO BE DONE IN AN ORDERLY MANNER, AND WITHOUT CAUSING INCONVENIENCE TO COMMUNITIES SERVED BY HOLDING COMPANY BANKS, OR UNNECESSARY LOSS TO STOCKHOLDERS. 290 THE ESTABLISHMENT AND MAINTENANCE OF A SOUND BANKING SYSTEM WHICH WOULD SERVE THE PUBLIC INTEREST HAS BEEN A CONSTANT OBJEC- TIVE OF THIS ADMINISTRATION. IN FURTHERANCE OF THIS OBJECTIVE CONGRESS SHOULD AGAIN GIVE CONSIDERATION TO THE BANK HOLDING COMPANY PROBLEM AND DETERMINE IN WHAT MANNER EXISTING LEGISLATION ENACTED DURING THIS ADMINISTRATION SHOULD BE STRENGTHENED TT AND WHAT LIMITATIONS SHOULD BE IMPOSED UPON DEVELOPMENT OF SUCH HOLDING COMPANIES. I RECOMMEND THAT THE CONGRESS ENACT AT THIS SESSION LEGISLATION THAT WILL EFFECTIVELY CONTROL THE OPERATION OF BANK HOLDING COMPANIES, PREVENT HOLDING COMPANIES FROM ACQUIRING CONTROL, DIRECTLY OR INDIRECTLY, OF ANY MORE BANKS, PREVENT BANKS CONTROLLED BY HOLDING COMPANIES FROM ESTABLISHING ANY MORE BRANCHES, AND THAT WILL MAKE IT ILLEGAL FOR A HOLDING COMPANY, OR ANY CORPORATION OR ENTERPRISE CONTROLLED BY IT TO BORROW FROM A CONTROLLED BANK. SUCH LEGISLATION SHOULD MAKE PROVISION FOR THE GRADUAL SEPARATION OF BANKS FROM HOLDING COMPANY OWNERSHIP, ALLOWING A REASON- ABLE TIME FOR THIS ACCOMPLISHMENT, TIME ENOUGH FOR IT TO BE DONE IN AN ORDERLY MANNER, AND WITHOUT CAUSING INCONVENIENCE TO COMMUNITIES SERVED BY HOLDING COMPANY BANKS, OR UNNECESSARY LOSS TO STOCKHOLDERS. 291 MEMORANDUM March 17, 1938 To: The Secretary of the Treasury From: Ronald Ransom Subject: Bank Holding Companies CONFIDENTIAL Mr. Taylor suggested in the meeting on yesterday that it might be helpful to give you copies of some material prepared for me in connection with the discussion of the above subject. I attach the following: 1. Suggested improvement of bank holding company statutes (L-552). Mr. Jones, at the meeting in his office on March 10th, asked the agencies to answer three questions. This memorandum was prepared to answer the questions, which were on (1) objectives to be sought; (2) administration; (3) definition of a bank holding company. 2. Outline of bank holding company bill (L-549). This contains ten proposals which it would seem desir- able to incorporate in any legislation on this subject, and was prepared prior to the introduction of S.3575. This present draft contains a few revisions and is dated March 9, 1938. 3. The Glass-McAdoo Bill S. 3575 (L-550). This analyzes the more important provisions of the bill, particularly as they relate to duplication of super- vision of member banks, conflicting provisions for supervision of holding companies and overlapping requirements applicable to affiliates. 4. Provisions of law on supervision of bank holding companies. This refers to existing statutes. It was prepared in answer to a question asked by Mr. Upham on the question of present responsibilities of the Reserve Board and the Comptroller's Office over holding companies. Mr. Wingfield reached an agreement with Mr. Kelly on this memorandum. 292 -2- 5. Tabulation showing present authority of various supervisory agencies to examine banks. 6. Tabulation showing present supervisory powers over holding company affiliates and affiliates of member banks. This also points out dupli- cation of supervisory powers which would be created by S. 3575. 7. Memorandum submitted by me at the meeting in Mr. Jones' office on March 16th in answer to inquiry as to suggestions for incorporation in message to Congress. 8. Memorandum showing a few textual changes which I will suggest at the meeting on March 17th in the memorandum on the statements for the message which will be submitted by Mr. Jones after the meet- ing in his office on the 16th, and attached thereto a "clean copy" of the statement as it would appear with these textual changes. 9. Extract from the Federal Reserve Bulletin of February, 1938, containing article on Group Banking in the United States. This careful study of the subject merits consideration in connection with the entire problem. 10. Copy of Regulation P, Board of Governors of the Federal Reserve System, Holding CompanyVoting Permits. We have prepared a map of the United States showing location of holding companies and subsidiary banks and branches of such banks as of December 31, 1936. We will be glad to submit this map to you if you should care to see it or supply a photostatic copy if you wish it. Treas THE SECRETARY OF THE TREASURY WASHINGTON March 17, 1938. The President, The White House. Dear Mr. President: I have the pleasure to report to you that after a number of meetings of your Committee on Banking agreement has been reached on recommendations 8.5 to the bank holding company situation. You will find enclosed herewith a letter to me from Chairman Jones of the Reconstruction Finance Corporation, who has acted as Chairman of a sub-committee which has been meeting on the situation daily for the last week, and also the text of a proposed message to the Congress. I am pleased to be able to tell you that the proposed message has the unanimous approval of the members of the committee which has considered the problem. We await your further pleasure. Sincerely, Minus Secrotary of the Treasury. Enclosures. (Suggested form of Message) The establishment and maintenance of a sound banking system which would serve the public interest has been a constant objective of this Administration. In furtherance of this objective Congress should again give consideration to the bank holding company problem, and determine in what manner existing laws, including legislation dealing with these companies enacted during this Administration, should be strengthened. I recommend that the Congress enact at this session legislation that will effectively control the operation of bank holding companies and prevent holding companies from acquiring control of any more banks, directly or indirectly, or banks controlled by holding companies from establishing any more branches, and that will make it illegal for a holding company, or any corporation or enterprise in which it is financially interested, to borrow from or sell securities to a bank in which it holds stock. Believing it to be a sound principle of government, I recommend that this bank legislation make -2provision for the gradual separation of banks from holding company control or ownership, allowing a reasonable time for this accomplishment, time enough for it to be done in an orderly manner and without causing inconvenience to communities served by holding company banks. RECONSTRUCTION FINANCE CORPORATION WASHINGTON JESSE H JONES OF BOARD March 17, 1938 Dear Mr. Secretary: At the last meeting of the interdepartmental committee held in your office March 14th to consider recommendations to the President regarding bank legislation, and particularly to suggest a brief statement dealing with bank holding companies to be included in his message to Congress, you asked that the committee have further meetings and endeavor to arrive at, first, a suggested statement for the President's message, second, a definition of what constitutes & bank holding company and, third, what governmental agency should be charged with the enforcement of any Bank Act affecting holding companies. We have had two meetings and a free discussion of the problems to be considered. I attach the suggested statement for the President to include in his message to Congress. This represents the views of Governor Ransom of the Federal Reserve Board, Acting Comptroller of the Currency Marshall Diggs, Leo Crozley, Chairman of the Federal Deposit Insurance Corporation, and the Reconstruction Finance Corporation. It is the unanimous opinion that the operations of bank holding companies should not be allowed to expend. This being true is an admission that the principle of bank holding companies is not in the best interests of the country and that something should be done about them. It is with this thought that the last paragraph of the statement is included. Should the President determine to use it and the Congress act upon his recommendation, the question of branch banking will naturally enter into the discussions. The committee feels that other factors than a specific percentage of share ownership will enter into a proper definition of control. At all events it requires more time for stucy than we have had and should properly be developed in the Congressional Committee hearings. Page two Honorable Henry Morgenthan As to the supervising authority, Mr. Crowley, Chair man of the Federal Deposit Insurance Corporation, has stated that the present Glass-McAdooSteagall Bill represents approximately his views, but thinks that the President or Congress should decide. Governor Ranson and the Comptroller see no reason for transferring this authority which now rests with the Federal Reserve Board and the Comptroller, although they feel that if a change is made it should be the responsibility of one agency. The directors and executive force of the Reconstruction Finance Corporation are of the opinion that this control is so involved with the question of bank supervision that the two should be considered together and ultimately rest with the Federal Deposit Insurance Corporation. Sincerely yours, Jone Jones Chairman Honorable Henry Morgenthau, Jr. Secretary of the Treasury Washington, D. C. 298 March 17, 1938 MEMORANDUM FOR COL. MeINTYRE: I am sending you herewith a memorandus to the President from Bell and myself. We are ready to discuss its contents at the President's pleasure. It is most urgent that Magill and I see the President about the tax bill. I would appreciate your arranging an appointment at the President's earliest convenience. the THE WHITE HOUSE WASHINGTON March 8, 1938. MEMORANDUM FOR THE SECRETARY OF THE TREASURY will you speak to me about this? F. D. R. OFFICE OF 300 TREASURY DEPARTMENT WASHINGTON MEMORANDU FOR THE PRESIDENT: At a conference had with you by the Acting Director of the Bureau of the Budget on Monday, March 7th, last, with respect to your policy on flood control, you suggested that serious thought be given to the proposition of having Congress enact a billion- " dollar flood control program; the work to be done by the Army Engi- neers: the funds to be raised by the Treasury through the sale of Government bonds in the regular manner; such funds to be loaned to those States desiring the prosecution of flood control projects, repayable over a period of fifty years, without interest. such repayments to be used in retiring the bonds sold by the Government. By your memorandum of March 8, 1938, you referred to the Secretary of the Treasury a memorandum of the same date addressed to you jointly by the Secretary of the Interior and Honorable Frederic A. Delano, upon the subject of a public works revolving fund. With respect to the subject first above mentioned the following facts and observations are submitted: Disregarding the flood control of the main stem of the Mississippi River, which is really in R class by itself, there are now on the books flood control projects, authorized by the Omnibus Flood Control Act, as amended, NATIONAL RESOURCES COMMITTEE 301 NORTH INTERIOR BUILDING WASHINGTON March 8, 1938. CONFIDENTIAL MEMORANDUM for The President: Mr. Abel wolman, who was with Doctor Parran of the Public Health Service at a recent conference with you in regard to pollution, has reported the very interesting suggestion you have made in regard to a Public works revolving fund which might be used as a loan fund advanced to the States and other local governmental units under contracts for payment to the Federal Government over a term of fifty years. This, it appears to me, is an exceedingly interesting suggestion and in no way inconsistent with views which the Resources Committee has expressed in dealing with flood-control, reclamation and other important Federal projects including, of course, water power development, pollution abatement and road construction. As I write, there are no members of the Advisory Committee available to discuss this project, but in order promptly to report on the message relayed to me by Mr. Wolman, I assure you that I see nothing in this plan which would violate the principles which we have worked upon and advocated. I will take the matter up with my colleagues immediately with a view to preparing a confidential memorandum for you on this subject, if you desire it. I am also informed that Mr. Wolman spoke to you of the memorandum his Committee had prepared in regard to the New England Compacts and the proposed McCormack amendments to the Flood-control Act of 1936. AS Mr. Wolman told you, a report covering some six closely knitted pages has been submitted on this subject, but it has not been studied by the Advisory Committee nor transmitted to the general Committee. While we regard the opinions of the Water Committee on the question of the New England Compacts and the McCormack Amendment as entirely sound, I would like to have them pretty carefully considered by the Advisory Committee, and perhaps the full Committee, before transmitting them to you. of course, if you desire the Wolman memorandum, even though not cleared by our Committee, I will send it over at once. Undoubtedly the suggestions that you have made in regard to loans to State and local governments in carrying out public works projects could be applied perfectly well to the New England problem. Respectfully submitted, MAR 8 1938 APPROVED: Chairman. Frederic A. Delano, Chairman, Advisory Committee. -2- 302 estimated to cost the Federal Government, for construction, a total of $344,000,000, and to cost local interests, for lands, easements, rights-of-way, and damages. a total of $107,000,000, or a grand total of $451,000,000. In addition, Congress has authorised and directed the making of examinations and surveys of some 335 additional streams and localities with a view to the adoption of projects for the control of floods. How many of such projects will actually be adopted and what their total cost will be cannot. of course, "be even approximated at this time. Other such examinations and surveys will undoubted- ly be provided for in the future. We think it safe to predict, there fore, that the ultimate cost of a nation-wide plan for flood control will certainly amount to a billion dollars, and probably more. While we have not had time to go into the matter thoroughly from every angle, your suggested plan for financing national flood control would seem to 18 to have a great deal of merit and one worthy of detailed collaborative study by the Treasury Department, the Bureau of the Budget, the National Resources Committee, and interested Departments, par- Mcularly, War and Agriculture. The following phases of the matter are of particular interest: (1) We are now connitted to an annual expenditure of about $50,000,000, with the great probability that this sum must be materially increased if the demands of local interests are acceded to and if the existing policy of local cooperation is discarded. Hence, the payment of annual interest on one billion dollars of Government bonds would -3- 3Q3 probably be cheaper than our annual outlay for flood control. Assuming that the Treasury would have to pay an average interest rate of 3 per cent over a period of fifty years on a $1,000,000,000 bond issue, we would pay out in interest over that period, if the bonds are retired at the rate of $20,000,000 a year, the sum of $765,000,000. It is seen, there fore, that the total cost of flood control would be $1,765,000,000. of which the States would pay $1,000,000,000, or about 57 per cent, and the Federal Government $765,000,000, or about 43 per cent. On the present basis of $451,000,000 of projects now authorized, of which the Federal Government pays $344,000,000 and the States $107,000,000, the ratio is Federal Government about 76 per cent, and the States about 24 per cent. This is based upon a continuation of local cooperation; otherwise the Government cost would, of course, be 100 per cent. (2) The country at the present time is apparently flood control conscious and with every recurring flood demands upon the Government for relief will become more insistent and far-reaching. The adoption of a scheme of financing. such as you suggest, would at once indicate whether the pressure comes from those who will eventually pay the bills or from politicians. It would also, without doubt, we believe, result in the prosecution only of projects of real merit, in which the cost of construction bears a proper relation to the benefits to be derived. Porkbarrel tactics would tius be eliminated. It is proper to point out that there would necessarily be some delay in getting under way a program such as the one under consideration and that in the interim the Government would have to continue the program -4- 304 now in effect. Assuming that Congress would enact the required legis- lation early in the calendar year 1939, (serious doubt being entertained that action would be taken during the present session, with the 1938 elections coming on), it would then be necessary for the legislatures of the verious States to enact enabling legislation and for compacts to be entered into between States with respect to projects interstate in character and such compacts would probably have to be sanctioned by the Congress. There are two angles to this matter which are of particular concern to us, to-wit: (a) the handling of the funds loaned to the States, and (b) their repayment to the Treasury. As to (a), while loans should be allocated to States, the funds should remain in the Federal Treasury and be drawn upon to meet the costs of prosecuting the projects for flood control, an account being kept for each State and periodic statements furnished to it. Otherwise there might be a danger that the funds would in some instances, be diverted. And with respect to (b). there should be some assurance to the Federal Government that the loans made to the States would be repaid and that such repayments would be made in the annual installments contemplated by the plan. Just how this may be accomplished would have to be worked out and provided for in the legislation to be enacted by the Congress. Adverting now to the suggestion that a revolving fund be created for the handling of public works, we wish to register our op- position to such a plan. Revolving funds violate the principles of proper budgeting and are highly objectionable in many ways and for many 305 -5reasons. Such a plan would necessarily include projects for flood control and would, of course, displace the plan for financing this class of public works which we have discussed in the forepart of this memo- rendum. If it be your desire to make loans to States and local governments for mublic works authorized not only by Federal law but by State and municipal law, it is our definite recommendation that the authority of the Reconstruction Finance Corporation be broadened so as to enable it to make such loans in the manner set forth in the accompanying draft of an Act prepared by Jesse Jones of that Corporation. This would be more business like and we believe the loans would be better administered. Moreover, we believe that Congress would be less likely to make grants to the States out of funds of the Reconstruction Finance Corporation than it would out of a revolving fund. Secretary of the Treasury MurBill Acting Director of the Bureau of the Budget AN ACT To amend Seatien 5d of the Reconstruction Finance Corporation Act as amended. m meated by the Senate and the House of Representatives of the United Dates in ORIGIN assembled, That the Reconstruction Finance Corporation Act approved January 22, 1932, as amended (U.S.C. Title 15, oh. 14) is further amended by striking out all of Section 5d and inserting in lieu thereof the following: #See. 5d. For the purpose of maintaining and promoting the economic stability of the country or encouraging the employment of labor, when credit at prevailing rates for the character of loan applied for is not otherwise available, the Corperation is authorised and empowered to moice loans to or purchase the obliga- tions of any business enterprise. Such loans or purchases shall, in the opinion of the Board of Directors, be so secured as reasonably to assure repayment or retirement; my be made or effected either directly or in cooperation with banks or other lending institutions through the purchase of participations; shall have ruch minrition as the Corporation may determine, notwithstanding any other pro- vision of law limiting the maturity of obligations taken by itp shall be made only when, in the opinion of the Board of Directors of the Corporation, the borrower is solvent; and shall be subject to such terms, conditions and restrictions as the Corporation may determine, The power to make loans and purchase obligations given herein shall terminate is accordance with the provisions of Section 1 of the Act approved January 26. 1937 (Public No. 5 - 75th Congress); but no provision of law terminating any of the functions of the Corporation shall be construed to prohibit disbursement of funds on loans, purchase of obligations, commitments or agreements to make such -2loans or purchases made prior to the close of business on June 30, 1939, or such earlier date as the President may authorize. The Reconstruction Finance Corporation is authorised and empowered to make loans to, or contracts with States, municipalities, and political sub divisions of States, with public agencies and instrumentalities of one or are States, mmicipalities, and political subdivisions of States, and with public corporations, boards and commissions, to aid in financing projects authorised under Federal, State, or municipal law, such loans or contracts to be made through the purchase of their securities, or otherwise, and for such purpose the Reconstruction Finance Corporation is authorized to bid for such securities; Provided that loans hereunder shall be made only to applicants none of whose obligations will be in default at the time of disbursement by this Corporation pursuant to the provisions of this Aot; Provided further, that nothing herein contained shall be construed to prohibit the Reconstruction Finance Corporation in carrying out the provisions of this paragraph from pur abasing securities having a maturity of more than ten years." 308 March 17, 1938. 2:31 P.M. 0: Go ahead. Burgess: Hello H.M.Jr: Hello B: Oh Hello Henry. H.M.Jr: Yes. B: Well - ah - this market behaved reasonably well. H.M.Jr: Good. B: It's been pretty orderly without - without many blocks that are pushing; a few more sellers than buyers H.M.Jr: Yes. and the quotations have receded a little B: H.M.Jr: B: Yes. but we haven't seen any evidence of - of forced selling. H.M.Jr: I see. B: About half an hour ago it looked a little bit weaker and we went out and picked up one block H.M.Jr: Yes. of a couple of million. B: H.M.Jr: Yes. B: And I've got Meddy (Madison) looking around to see if there is anything else pressing. B.M.Jr: Right. B: And anything pressing we'll pick up. H.M.Jr: O.K. - that's satisfactory. -2- H.M.Jr: Ah - but the quotations are 3-4 - in one or two cases five off but its very orderly. All right, Randolph. B: We'11 probably pick up - ah - oh some more before H.M.Jr: O.K. B: But it isn't as bad as it was yesterday. H.M.Jr: All right. B: Very good. H.M.Jr: Thank you. B: the day is over. 309 310 FEDERAL RESERVE BANK OF NEW YORK OFFICE CORRESPONDENCE CONFIDENTIAL FILES L. W. Knoke DATE March 17, 1958. SUBJECT: TELEPHONE CONVERSATION WITH BANK OF FRANCE. ROM I called Mr. Cariguel at noontime today and told him briefly of market conditions here and of our operations. He was anxious to know who had been the principal sellers of francs in this market recently and I told him that business had been too small to bring out any big selling or buying, for that matter, in francs here. I added that I did not remember having seen the name Lazard recently. Cariguel thought that firm had of late been much quieter. Referring to conditions in France, he thought that everything hinged on the success or otherwise of efforts to form a national government. It was his personal belief that France would have one in due course as everybody agreed that that was the most essential job to be done. The difficulty NO far had been to get different parties to come along and agree on a program as well as on a leader, both socialists and radicals vying for the job. Naturally, Blum was anxious to retain the premiership but it was a great question whether he would command the confidence of the whole country. The franc had not been under pressure today; as a matter of fact, he had gained 340,000 in preventing it from going higher. However, at the moment of talking, he said, it had turned a little and it began to look as though he might have to support it somewhat before the day was over. He did not think this movement would carry very far. At any rate, they were not disposed to let it for the time 12 60M 1.37 311 31. % FEDERAL RESERVE BANK OF NEW YORK DATE March 17, 1938. FFICE CORRESPONDENCE CONFIDENTIAL FILES SUBJECT: TELEPHONE CONVERSATION WITH b L. W. Knoke ROM -2- BANK OF FRANCE. being, if they could help it. I asked whether he was satisfied with the way we were executing his orders and he replied he was completely so. LWK:KMC 312 PARAPHRASE OF TELEGRAM RECEIVED M FROM: American Embassy, Paris, France DATE: March 17, 1938, noon. NO.: 419 RUSH. FROM COCHRAN. The French control for the day gained about a few million francs on balance, mainly due to favorable trading in London yesterday evening where sterling was weak and to a less extent to some sales of francs on the market in New York. The control early this morning sold some more francs, but at eleven o'clock by the time I left the Bank of France, the trend had turned. With the rate moving from 159.75 to around 161.50 the control had yielded in sterling this morning's intake. At the Bank of France officials are not aware that the present government is considering any new monetary or financial plans. I visited Couve de Murville at the Ministry of Finance at eleven this morning. This contact told me that the Ministry of Finance had not been studying for the government any plan for gold stocks revaluation or any other important item in a comprehensive program for monetary and financial affairs. The present government has no such program, according to Couve de Murville. It is not expected that any new financial proposals will be made, but the statement to be made before Parliament this afternoon may set forth the need for urgent voting of 3,200,000,000 france of supplementary 313 -2credits for national defense purposes. WILSON. END SECTION ONE. 33110033 51 EA: LWW RAM PARAPHRASE OF SECTION TWO, TELEGRAM NO. 419 OF MARCH 19, 1938 FROM PARIS. 314 At the time I visited at the Ministry of Finance, the results of the meeting of the Council of Ministers this morning had not yet become known. On my two visits this morning I gained the very definite impression that technical men in the Bank of France and career men in the Finance Ministry say that a national defense loan cannot be raised by the present government. It is their belief that the recent intermittent strength of the franc has been mainly due to rumors and hopes that very shortly the Blum Government would be forced to resign. The present direction of the Ministry of Finance has made bankers, and SEX brokers, particularly bitter. They do not trust Blum's judgment in this field, and believe that in choosing George Boris as his chief of cabinet he has made a most unfortunate move. George Boris was formerly associated with the Belgian promoter Loewenstein. Most bankers look on him as a highly inteeligent journalist little removed from blackmailing. Mendee-France, the present Under secretary in the Finance Ministry, has written a book on the Poincare franc, and is only ******** a 31-year old student. END MESSAGE. WILSON. EA:LWW 315 PLAI N MBo London Dated March 17, 1938 Rec'd 2:23 p.m. Secretary of State, Washington. 225, March 17, 7 p.m. FOR TREASURY FROM BUTTERVORTH. The following EXCERPTS from today's FINANCIAL NEWS reflect the attitude of the City described in my No. 222 of March 16, 8 p.m. II In EVERY market there was something very much like panic. There was very little real discrimination between market and market. Those groups which might reasonably be expected to benefit from a war scare suffered with three which would obviously lose. The decline was uniVEIDEL. The market SEEMED to be suddenly terrified by the international situation -- which is certainly terrible Enough -- and investors dashed for liquidity. The second stage -- the speculative buying of commodities and armament shares -- has not yet taken place. For the present the market SEEMS satisfied to limit its commitments to nothing, and to hold cash. For this extraordinary behavior the international situation is directly responsible. Those who had hoped that the removal of Mr. Eden from the ForEign Office 2- No. 225, March 17, from London. 316 Office would lead to a flull' in foreign affairs have been sadly disappointed. The tide to war is flowing more strongly than EVER. Austria is now a part of the German Reich and the German and Italian Governments are nearing victory in Spain, although EVEN C. push to the SEC, cutting off Catclonia from Spain would not necessorily End the war. This tide has been flowing for the last five years and now the market is beginning to take notice of it and adjust industrial and fixed-interest yields accordingly. Yesterday's logged however are too large to be accounted for in such C. rational way. In them there was a deal of pure paric, and for that reason WE do not EXPECT that these losses will be maintained. There is indeed another pos- affility which appears to be distressing the investor and this 2. the donger of slump. For the first time Mr. Chumberlain has publicly admitted that he was dissatisfied about The program of industry; he admitted that SOME industries were doing badly, an admission which three months ago he could never have been compelled to nake. Moreover Mr. Chemberlain prophesied that the depression would get worse.o HE attributed it to the international position an extreordinary Explanation, for if it were true, then the industrial recovery would never have taken place at all 317 3- No. 225, March 17, from London. all." Security markets improved somewhat today due mainly to bear covering on the view that yesterday's declines out ran invediate advisable (repeat advisable) adverse developments. HOWEVER the atnosphere is not good; I have never SEEN British opinion show SC little cohesion in the face of decisive issues. The franc touched 161-3/8 but for most of the day the range was between 159 1/2 and 160 and COVERED operations continued to make it fairly stronger bid. This r Esulted in the dollars being somewhat offered. HOWEVER the MOVEment of nervous money to NEW York has by no means aboted. Dealers report the "feeling" that the Belgian authorities are now giving gold with reluctance. KENNELY SMS:KIP 03413079 Thursday 318 March 17, 1938 2:49 p.m. HMJr: H.M. Cochran: HMJr: C: HMJr: C: HMJr: C: Hello, Cochran. I can't make out much - just what Mr. Blum did do today. Well, it's a little difficult. Just now they're still having a debate in the Chamber. I see. Blum appeared and read a long declaration; it was very general in terms, gave little indication of financial and monetary policies. Yes. He asked that discussion of foreign policy be deferred until next Tuesday and then financial and monetary matters discussed after that date. I see. When he finished the long statement - prepared statement - then he gave another hour talk, principally upon the dangers of war and appealing for a National Union Government. HMJr: Oh, really? C: He said the Communists ought to be included. HMJr: I see. C: And the impression was that he wanted himself to head that Government. HMJr: C: I see. National Union. When he finished the speech was received very coldly by everyone except his immediate party, or the Socialists, and the CommunOf ists. HMJr: Yes. C: The Radical Socialists, who have been working with them in this Popular Front here up to the present ... HMJr: C: Yes. .did no applause whatever - only three members out of the whole party. And then after that there was a recess and there was some appealing by Blum to -2- 319 Flandin. You see, Flandin is one of the leaders of this minority for the Rights. HMJr: C: HMJr: C: Yes. ..to get him to come in to a National Union under Blum. Yes. Flandin refused. He appealed to Reynaud and Reynaud seemed to be favorable but his own party is opposed to his going in. Then after the meeting resumed between six and seven o'clock this evening - Reynaud HMJr: C: HMJr: C: spoke and was booed by his own party. I see. And so it looks more and more difficult for Blum to head any sort of a national government. At the same time he's trying to hold on. I see. And I talked with one of our men at seven-forty, who was over at the Chamber and he talked from the press box. He said there had been several speakers after Flandin but nothing definite - they were talking on intervention in Spain and so on. And they expect to get a vote some time this evening. HMJr: I see. C: And it would be a vote of confidence. HMJr: Yes. C: But it would not be on policy but simply on the technical point as to whether they should postpone debate until next Tuesday. HMJr: All right. C: That's the way it stands now. HMJr: All right. C: And on the Bourse - on the Exchange Market - our friend had gained a hundred and forty thousand pounds up until this speech was made public, that is, the formal parts. -3HMJr: C: HMJr: C: 320 Yes. Then the market turned and he lost all of that and a little more by six o'clock. I see. I mean the market was disappointed because they had hoped for this speech to show that a national government was on the way. HMJr: Uh huh. C: And the HMJr: I see. C: The statement of the Bank of France showed that market, that is, the French securities were off during the Bourse because this thing didn't come out until after trading hours. million francs loaned by the Treasury. HMJr: C: Yes. So everything is very uncertain tonight; if they don't get something better than they've had this evening there might be more pressure tomorrow. HMJr: Uh huh. C: You see? And if Blum should withdraw HMJr: Yes. C: HMJr: C: the two men most spokenof still are Daladier and Herriot. All right. And then there's some talk of even getting Marshall Pitcairn eventually to head a government of the French. HMJr: I see. C: That I don't know. HMJr: C: I see. Well, thank you. All right, sir. You don't want me to call you just on the fall of the government or on the vote, you'll get that over the ticker or the news - ? -4HMJr: C: Yes. HMJr: Yes. C: But if there's anything else - so far there's been nothing on financial policy except just the statement that they're going to ask for an extra three billion two hundred million for national defense. HMJr: C: HMJr: C: Yes. That's the only thing so far. All right. Goodnight. Goodnight, sir. 321 322 REB GRAY Paris Dated March 17, 1938 Rec'd 4:07 p. m. Secretary of State, Washington. 425, March 17, 7 p. m. (SECTION ONE) ThE session at the Chamber of Deputies this afternoon was one of the most curious and interesting I have EVER attended. The governmental declaration read by Blum was as EXDECTED of a general character and without particular interest EXCEPT for the statement that military expenditures will be increased. At the close of this declaration Blum asked that the debate on interpellations on foreign policy be postponed until next Tuesday and that the other interpellations be postponed until 1 later date stating that he would make this a question of confidence. Blum then went into a detailed Explanation of the Efforts hE had made both last January and a few days ago to form a National Union Government. HE spoke in the most solemn manner of the dangers threatening 323 REB 2-#425, From Paris, Mar.17,7p.m. threatening France, of the fact that French disunion increased the chances of war and he made a moving appeal for the formation of a National Union Government which would be, he said, an essential factor in preventing a war. WILSON HPD 324 PARAPHRASE OF SECTION TWO OF TELEGRAM NO. 425 of March 17, 1938, from Paris From Blum I got the impression that he was indicating he was ready to resign in order to make way for a Government of National Union which might be headed by some one else, provided he were met half way by the Center and Right. However, there was on the part of not only the Center and Right but even the major part of the Radical Socialists, complete silence and even open hostility. Blum insisted in making his appeal that if the country was to have real unity, assurance must be given to the working classes that they would not be exploited by a Union Government. He stated that without the Communists the French unity would not be achieved. The opposition evident- ly merely interpreted this as a partisan declaration, and there was most marked hostility to Blum personally. At one time Blum made reference to the necessity in case his appeal for union was not heeded of appealing to the people to get the necessary strength for a majority government. I have spoken with some people who interpret this as a threat to dissolve Parliament and call for new elections, but in my own opinion, I do not believe this is 80. In the opinion of one observer, despite the words about the gravity of the situation and the threat of war, not more than a handful of Deputies were interested in anything else than jockeying for advantage politically. As 325 -2As I was leaving an ambassador said to me that they would go on playing politics until the Maginot Line was attacked by the Germans. After Blum's demand for the postponement of the interpellations there will be a brief debate and then a vote. It is probable that the Government cannot last more than a few days, assuming that it obtains a vote of confidence on the technical question. END MESSAGE. WILSON. EA: LWW 326 PARAPHRASE OF TELEGRAM RECEIVED FROM: American Embassy, Paris DATE: March 17, 6 p.m. FROM COCHRAN No. 421 Ministerial declaration made before Chamber this afternoon gave little indication of financial and monetary policies, the discussion whereof Blum suggested for next week. I talked with the Bank of France at 5:30. During a/ day of thin and nervous trading, the Control had gained 140,000 pounds, but market turned when above declaration became known mainly because the statement offered less hope of an early collapse of the Government than had been anticipated by the market. The above gain had been wiped out and some more sterling was being lost at the hour I talked with the Bank of France. Rentes and French shares were better during Bourse on hope for national government and on slight easing of apprehen- sions over international situation. Statement of Bank of France as of March 10th showed one billion france drawn by Treasury. WILSON EA:DJW 327 Thursday March 17, 1938 3:53 p.m. W. R. Burgess: Hello, Henry. HMJr: Yes. B: Well, I think this market's behaved pretty well right through the close, and HMJr: Good. B: in fact it was a little stronger at the close than it had been when I talked with you last. HMJr: Fine. HMJr: A thirty-second or two. On the day it's down from one to about three thirty-seconds. Is that so? B: The active market is about the same as the close. HMJr: Yes. B: B: We bought all together just three million. That was all we could find that was really pressing on the market. HMJr: B: HMJr: B: Good. Well, I'm perfectly satisfied. Well, I think it gave a good account of itself. I'm perfectly satisfied. Now, do you want half of these, or all of these or none of them? HMJr: We'll take half. B: All right. We'll divide it up in halves then. HMJr: We'11 take half. B: All right. That's good. HMJr: We'll take a chip. B: Yes. Yes. -2- 328 HMJr: All right, I'm perfectly satisfied. B: Well, that's good, I'm glad of that. HMJr: Goodnight. B: Very good, Henry. Goodnight. Thursday March 17, 1938 3:56 p.m. HMJr: Hello. T.O.: Governor Ransom. HMJr: Hello. T.O.: Go ahead. Ronald Ransom: I just got the report from Burgess on the market for the day and I just wondered if you had any. HMJr: I told Burgess a little while ago I was entirely satisfied. HMJr: Yes. Well, that's all right, then. That's all - I mean R: That's fine. HMJr: Yes. R: 329 330 WORKS PROGRESS ADMINISTRATION WALKER-JOHNSON BUILDING 1734 NEW YORK AVENUE NW. WASHINGTON, D.C. HARRY L. HOPKINS ADMINISTRATOR March 17, 1938 Mrs. Henrietta S. Klotz Assistant to the Secretary U. S. Treasury Department Washington, D. C. Dear Mrs. Klotz: I am attaching a brief memorandum which may be of interest to the Secretary. Sincerely yours, Sanum Rose Emerson Ross, Director Division of Research, Statistics, & Records 331 WORKS PROGRESS ADMINISTRATION WALKER-JOHNSON BUILDING 1734 NEW YORK AVENUE NW. WASHINGTON, D.C. HARRY L. HOPKINS ADMINISTRATOR March 17, 1938 MEMORANDUM TO: Mr. Morgenthau, Secretary of the Treasury FROM: Emerson Ross, Director Division of Research, Statistics and Records WPA employment has gone up rapidly during the past two weeks. By March 12, one half of the additional 500,000 workers to be added had been put to work. Figures for recent weeks are as follows: Week Ending March 12 March 5 February 26 February 19 Number 2,244,000 2,167,000 2,076,000 2,009,000 No important changes have occurred during the past week in the relief situation with the exception of the WPA beginning to. catch up with the unmet need. The preliminary industrial production figure of the Fed- eral Reserve Board confirms the evidence of the Bureau of Labor Statistics employment figure in showing that production and employment conditions in February were approximately the same as in January. The seasonally adjusted index dropped one point, from 80 to 79. The unadjusted index remained the same as in January, at 79. The preliminary results of an interesting study concerning the continuity of WPA employment have just become available. These results indicate the high rate of turnover existing among WPA employees. The number who have remained continuously on the program is surprisingly small despite the fact that unemployment was at high levels during the whole period of WPA operations and consequently job opportunities were available for only a fraction of the unemployed. For the twentynine states for which figures are now available only 16 percent of the WPA employees who were on the program at any time had been employed continuously from March 1936 (the peak month) through November 1937. Of the persons employed at the peak in March 1936, only 24 percent were employed continuously through November 1937. 332 March 17, 1938 Excerpt from Herman Oliphant's weekly report of March 17, 1938, to the Secretary. Reorganization - Genessee Valley Gas Company. We are waiting for the SEC plan of reorganization which has been promised to us. P March 17, 1938 My dear Mr. President: For your information I am sending you herewith our report on United States trade with China and Japan for the month of February. Faithfully yours, The President, The White House. 333 334 March 17, 1938 My dear ar. Secretary: For your information, I am sending you herewith our report on United States trade with China and Japan for the month of February. Sincerely yours, The Honorable The Secretary of State. 335 March 17, 1938 Dear Mr. Secretary: For your information, I am sending you herewith our report on United States trade with China and Japan for the month of February. Sincerely yours, The Honorable The Secretary of War. At TREASURY DEPARTMENT INTER OFFICE COMMUNICATION DATE TO FROM March 17, 1938 Secretary Morgenthau Mr. Haas Subject: Current trade with Japan and China A. United States trade with Japan during February 1938. 1 1. United States exports to Japan during the month of February were 8 percent less than during January 1938 and 22 percent less than during February 1937. February January December November October September August 1938 1937 $19,266,000 20,981,000 $24,847,000 22,364,000 1937 1936 $16,140,000 18,133,000 20,129,000 16,842,000 24,643,000 $16,433,000 24,100,000 26,668,000 21,328,000 10,764,000 2. Exports of raw cotton to Japan were 4 percent less than in January 1938, and 50 percent less than in February 1937. Exports exclusive of raw cotton were 21 percent less than the average for the past six months. United States exports of cotton to Japan February 1938 January 1938 December 1937 November 1937 October 1937 February 1937 $ 5,565,000 5,817,000 1,908,000 797,000 1,571,000 11,079,000 3. Exports of iron and steel scrap were $1,668,000 in February 1938 as compared with $534,000 in January 1938. They were, however, only 30 percent of the average maintained from May to August 1937. 17 Previous reports cover weekly figures only. This report is for the whole month of February. 336 337 Secretary Morgenthau - 2 United States exports of iron and steel scrap to Japan February 1938 January 1938 $1,668,000 October 1937 September 1937 1,148,000 1,402,000 534,000 479,000 633,000 December 1937 November 1937 Monthly average, May to August 1937 5,600,000 4. Shipments of aircraft and parts, shown separately for the first time in February 1938, amounted to $244,000. 5. The following items show large increases in our exports to Japan during the month of February 1938, as compared with our exports of these items during the month of January 1938. The amounts for February 1937 are shown for comparison. February Scrap iron and steel Vehicles, parts and accessories Fertilizer and fertilizer materials Tobacco and manufactures Hides and skins, raw (except furs) January February 1938 1938 1937 $1,668,000 $ 534,000 $1,391,000 1,612,000 1,185,000 1,688,000 362,000 290,000 24,000 Nil 81,000 449,000 226,000 22,000 159,000 The following items show decreases in our exports to Japan during the month of February 1938 as compared with the month of January 1938. The amounts for February 1937 are shown for comparison. February Raw cotton Petroleum and products Industrial machinery Copper and manufactures Ferro-alloys January February 1938 1938 1937 $5,565,000 3,004,000 2,609,000 1,367,000 $5,817,000 5,066,000 2,853,000 1,883,000 $11,121,000 3,193,000 1,417,000 1,060,000 24,000 192,000 48,000 338 Secretary Morgenthau - 3 6. Of the total $19,266,000 of exports to Japan during February 1938, the following items account for almost all: $ 5,565,000 3,004,000 2,827,000 Raw cotton Petroleum and products Iron and steel and manufactures Industrial machinery 2,609,000 1,367,000 1,337,000 Copper and manufactures Automobiles, parts and accessories 422,000 362,000 Paper base stocks Fertilizer and fertilizer materials 290,000 244,000 226,000 Tobacco and manufactures Aircraft and parts Hides and skins, raw (except furs) $18,253,000 95% Total 1,013,000 All other $19,266,000 Grand total 7. United States imports from Japan decreased 23 percent during February 1938 as compared with our imports during January 1938 and de creased 53 percent as compared with February 1937. United States imports from Japan February January December November October September August 1938 1937 $ 8,723,000 11,342,000 $18,384,000 17,683,000 1937 1936 $11,674,000 17,190,000 15,420,000 15,988,000 16,297,000 $16,427,000 15,340,000 15,930,000 16,012,000 16,948,000 8. The imports of raw silk from Japan showed the principal decrease; imports other than raw silk decreased about $1,900,000, but individual items maintained about their same relative position. 5% 339 Secretary Morgenthau - 4 February 1938 January 1938 December 1937 Raw silk Total imports other than raw silk $5,225,000 5,947,000 5,909,000 $3,498,000 5,395,000 5,765,000 Total 8,723,000 11,342,000 11,674,000 9. Of the total of $8,723,000 of our imports from Japan during the month of February, the following items account for almost all: Silk, unmanufactured $5,225,000 Cotton manufactures 550,000 213,000 198,000 Edible vegetable products other than tea Silk manufactures Hats and hat materials China and porcelain ware 196,000 189,000 149,000 141,000 Perilla oil Fish and fish products 132,000 117,000 103,000 94,000 92,000 Menthol Pyrethrum flowers Tea Wood and manufactures Earthenware and stoneware Total $7,399,000 85% 1,324,000 15% Grand total $8,723,000 All other B. United States trade with China during the month of February 1938. 1. United States exports to China and Manchuria for the month of February 1938 decreased 24 percent from January 1938 but increased 16 percent over February 1937. Exports to North China and Manchuria increased 15 percent while exports to Shanghai, South China and Hong Kong decreased 37 percent. United States exports to February 1938 January 1938 December 1937 North China and Manchuria Shanghai, South China and Hong Kong Total $2,417,000 2,101,000 2,748,000 $3,690,000 $6,107,000 7,993,000 7,947,000 Whole month of February 1937 5,892,000 5,199,000 $5,262,000 340 Secretary Morgenthau - 5 2. Leading export items to China a. To North China and Manchuria: Iron and steel and manufactures Cotton, unmanufactured Vehicles, parts and accessories Petroleum and products Copper and manufactures Industrial machinery Wood and paper February January 1938 1938 $ 649,000 $1,074,000 232,000 117,000 103,000 68,000 104,000 15,000 $2,208,000 Total All other 209,000 Grand total 130,000 285,000 270,000 545,000 287,000 275,000 91% 9% $1,946,000 93% 155,000 7% $2,101,000 $2,417,000 b. To Shanghai, South China and Hong Kong January February Automobiles, aircraft, parts and accessories Tobacco and manufactures Firearms and ammunition Printed matter Iron and steel and manufactures Petroleum and products Ginseng Edible vegetable products Cotton, unmanufactured 1938 1938 $ 988,000 $1,777,000 $30,000 240,000 225,000 424,000 188,000 185,000 145,000 142,000 111,000 Total $2,813,000 Grand total $3,690,000 All other 269,000 546,000 9,000 877,000 1 207,000 Nil 76% 24% $3,457,000 59% 2,435,000 41% $5,892,000 3. United States imports from China and Manchuria declined about 18 percent in the month of February 1938, as compared with January 1938. Imports from North China declined about 9 percent and imports from Shanghai, South China and Hong Kong declined 21 percent. 1 Not shown separately in January 1938. 341 Secretary Morgenthau - 6 United States imports from North China and Manchuria February 1938 January 1938 December 1937 Shanghai, South China and Hong Kong $ 978,000 1,069,000 1,200,000 Total $2,685,000 3,401,000 4,395,000 $3,663,000 4,470,000 5,595,000 Whole month of February 1937 $11,804,000 4. Leading imports from China a. From North China and Manchuria: January February Textile materials and manufactures Bristles Perilla oil Sausage casings Furs and manufactures 1938 1938 $347,000 218,000 182,000 85,000 56,000 $ 289,000 $888,000 90,000 Total All other Grand total $978,000 221,000 80,000 25,000 34,000 91% $ 649,000 61% 420,000 9% 39% $1,069,000 b. From Shanghai, South China and Hong Kong February 1938 Tung (wood) oil Tin, ore, bars, etc. Bristles Flax, hemp and ramie and manufactures Edible vegetable products Hats and hat materials Cotton manufactures Chemicals and related products 1938 $ 689,000 $ 886,000 159,000 105,000 101,000 76,000 327,000 145,000 131,000 79,000 622,000 234,000 231,000 Total $2,217,000 Grand total $2,685,000 All other January 468,000 311,000 285,000 470,000 83% $2,634,000 77% 767,000 23% 17% $3,401,000 3-17-38 CHINA'S FOREIGN EXCHANGE SITUATION All A. CHINA HAS VIRTUALLY NO FOREIGN EXCHANGE LEFT AND ONLY 150 MILLION OUNCES OF SILVER AVAILABLE FOR SALE AT THIS TIME. 1. According to reports available to us, China's dollar, sterling and other foreign balances are virtually all gone. In fact, she has over-sold her exchange position by about 20 million. 2. She now has available for immediate use only the 150 million ounces of silver in London, plus an unknown -- but probably negligible -- quantity of foreign currency assets she was reported to have had a month ago. (China doubtless has several hundred million more ounces of silver in hoards and in circulation in areas still under Chinese government control, but very little of it will be available for export or for metallic reserves in the near future). B. CHINA'S FOREIGN EXCHANGE SITUATION IS BECOMING ACUTE. 1. The recent decision on the part of the Japanese to require ell foreign exchange in North Chinese areas to be turned over to the new Central Reserve Bank of China, which is under Japanese control, has aggravated the situation. It will reduce the supply of foreign exchange available to the Chinese government and will increase the demand for foreign exchange. 2. The Chinese government in the past week has placed addi- tional restrictions on exchange transactions in an effort to protect the yuan rate, and to increase the supply of foreign exchange available to the Chinese government. It is not likely, however, that even with increased restric- tions the Chinese government will be able to prevent the development of a large "black" market for yuan exchange. 3. Depreciation of the yuan, whether of the official rate or of the "bootleg" rate, will not seriously handicap the Chinese government in its efforts to prosecute the war. What China needs is more foreign exchange, not in order to maintain present levels of exchange rates, but in order to pay for needed imports of war material. Unless China obtains foreign exchange quickly she will have to curtail her purchases of war material from foreign countries (except from Russia, who may be extending her credit). 342 -2- 343 C. WHAT ECONOMIC ASSISTANCE CAN WE GIVE CHINA NOW? We could purchase the silver China now has in London. The purchase can be made in one of the following ways: (a) We can accelerate purchases of Chinese silver from twice a month as at present to once a week. 1. (b) We can pay for the silver we purchase upon delivery aboard steamers in England instead of on arrival in New York as at present. (c) We can make a loan against deposits of silver with a bank in England for the account of the Federal Reserve Bank of New York (as fiscal agent of the United States Treasury). (d) We can purchase yuan (up to 95 percent of the value of silver in London) using the silver in London as collateral. The yuan purchases can then be liquidated according as silver in London is purchased, melted and refined in this country. Of the four alternatives indicated above, the last would be of most assistance to China because it would make most foreign exchange available to her at once. The risk involved in the last method of purchase would be the risk of keeping silver on deposit in London until we could ship it here (probably four months). 2. Unless China obtains foreign exchange through one of the above indicated methods she may find herself in such straits as to cause her to dump the silver on the London market in the knowledge that we would probably have to purchase her dumped silver immediately (in order to support the silver market). 3. By purchasing the remainder of Chinese silver assets now in London, depreciation of the yuan is at best postponed possibly a few months unless in the interim she can develop more effective control over exchange transactions than she now has. When the additional foreign exchange she may obtain from the sale of her silver will be used up, China will have to reduce its purchases of foreign goods, and either permit the yuan to depreciate or develop strict and effective exchange control and peg the yuan at a desired rate. The likelihood that the Chinese Government will be able to develop strict enough control over exchange transactions to avoid substantial "black" exchange markets from existing is small. 3-17-38 ? 344 Sflawn Comment an plan I call Danglas & Junes make same comment Send to Pres at Warm springs Pus ask for actim March 17, 7938 3vd white CONFERENCE SUGGESTIONS tousee Basis of Conference. Confronted with a situation which requires immediate correction. Should not spend time in analyzing causes or in making further investigations. Every legitimate interest should cooperate in a constructive program for better transportation system which will endure. Not the time or place for argument as to relative treatment of labor and investors. REORGANIZATION OF CAPITAL STRUCTURES Financial Reorganization Alone Is Not the Remedy Railroad industry not static - must continually make improvements to render service. Credit of railroads must be maintained to finance improvements. Reorganization upon minimum basis without correction of general situation would again result in building up debt and recurrence of trouble. 345 -2- 345-A Financial Reorganizations Only Part of General Program. Some carriers require reductions in capital structures and fixed charges. Investors recognize this as evidenced by proposals in pending cases. Chicago and North Western proposed reduction in fixed charges from $16,500,000. to $5,600,000. New Haven reduction from about $15,000,000. to less than $8,000,000. Many carriers do not require reductions in capital structures, such as Chesapeake and Ohio and numerous others. DUPLICATE AND UNNECESSARY FACILITIES CANNOT BE SUPPORTED Theory of Highly Competitive Facilities Proved Unsound. Demonstrated that public will not pay rates sufficient to support highly competitive systems. One of two alternatives. Government must either subsidize to compensate excess cost occasioned by competition - not expedient. or, must be elimination of wasteful transportation 80 that remaining railroad facilities may be self-supporting. -3- Can Be Accomplished Only By Some Sacrifice on the Part of all Interests. Investors through curtailment in capital structures where necessary. Labor to an extent which is equitable. Communities by elimination of competitive services where unnecessary duplication. Government by financing financial reorganizations and physical plant re-arrangements to a moderate degree. PROGRAM Conour generally with program outlined by Commissioner Eastman. Consolidations of independent carriers and elimination of unnecessary duplicate facilities and service. Coordination of all transportation agencies. Result would be better and more economical service. Should provide for equitable treatment of labor. 346 -4METHOD OF ACCOMPLISHMENT Believe method of accomplishment should be through direct a new agruce power given and developed experimentally. Because of its many duties and large personnel questionable whether I.C.C. could act with required promptness. An expeditious and summary method desirable, as for example: Create Federal Railroad Authority Three to five members, properly staffed. Authority not only to plan, but to act. Findings to be given weight accorded Court of Record. Transfer powers of I.C.C. over consolidations and financial reorganizations to the Board. Repeal present law regarding consolidations. Specific powers to: Approve voluntary consolidations in public interest. Compel consolidations if in public interest. Determine equitable basis for treatment of labor. Bring about financial reorganizations. Clothe with proper authority to seek government loans. 347 348 NOT PUBLISHED March 17, 1938 -1- WhiteHouse INTERSTATE COMMERCE COMMISSION Bureau of Statistics Railway Tax Accruals, Class I Steam Railways and Their Lessor Companies, Year Ended Dec. 31, 1936. U. S. Government Taxes $94,007,783 Other then U. S. Government Taxes 1/ 227,263,926 $321,271,709 1/ Excludes $1,375 British taxes, $991,024 Canadian taxes, $23 French taxes, $124,965 Lexican taxes, and $2,536 not segregated. The total railway tax accruals of Class I steam railways only, was $325,689,094 for the year 1937. 349 -2- INTERSTATE COMMERCE COMMISSION Bureau of Statistics United States Government Taxes Charged to Railway Tax Accruals by Class I Steam Railways and Their Lessor Companies, Year Ended Dec. 31, 1936 Percent Kind of tax Carriers' excise tax (approved Aug. 29, 1935) Income taxos Exciso taxes (Social Security Act of 1935) Capital stock taxes Taxes on telephone and telograph messages Assessments for Fodoral Coordinator Taxes on gasolino and oils Electrical energy taxes Boor and liquor taxos Taxos on club duos Documentary stamp taxos Miscellanoous Total ₫ Reverse item. of Amount d total 50.31 $47,298,891 32,821,724 34.92 8,800,585 4,651,370 9.36 4.95 240,653 97,321 67,503 3,872 5,935 3,207 .26 .10 .07 .01 .01 2/ 10,264 (1) d .01 21,986 .02 $94,007,783 100.00 1 Loss than 0.01 percent Includes credit of $16,017 on account of adjustments of ac2 crunls for prior years. COMMISSION 350 Bureau of Statistics Railway Tax Accruals by States, Class I Steam Railways and Their Lessor Companies, Year Ended Dec. 31, 1936 (Excluding Switching and Terminal Companies)* State Amount Per mile of road owned 1 Alabama Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Hasanchusetts Michigan :innesota Hississippi Missouri Montana Nebraska Neveda New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Tyoming District of Columbia Total $2,498,420 2,905,912 2,039,642 6,596,832 3,558,592 820,531 150,441 2,336,000 2,273,243 2,410,820 15,025,490 7,865,212 $551 1,420 481 940 840 844 501 475 418 891 1,266 1,168 4,096,535 444 6,100,961 4,185,617 3,944,855 1,264,522 2,238,151 4,094,124 5,719,052 5,817,006 3,377,539 3,151,970 4,113,167 3,068,779 1,877,492 708 1,113 746,414 748 18,550,347 1,883,266 27,115,368 3,972,484 1,852,544 12,599,941 3,822,910 2,460,287 12,890,077 9,644 675,687 1,154 1,010 681 2,012 2,130 829 721 921 450 814 503 693 3,486 1,068 361 1,490 586 819 1,281 3,633 766 2,403,953 1,897,549 2,867,827 5,905,734 2,132,301 1,038 261,634 350 5,282,102 3,922,261 7,761,843 4,705,252 1,689,329 173,879 227,263,926 463 828 395 1,269 794 2,187 703 919 4,968 1,015 1 Based on mileage owned by class I steam railways and their lessor and proprietary corponies. Represents all tax accruals other than those payable to the Federal Government. 351 March 17, 1938 CONFIDENTIAL MEMORANDUM ON DISALLOWANCES: In a letter submitted to the Chairman of the Reorganization Committee of the Senate in response to a request by him, the Comptroller General stated that the disallowances under direct settlements amounted to $117,000,000 during the period from 1922 to 1936, inclusive, while the total allowed for the same period was $4,625,000,000. In examining this report it was noted that in the fiscal year 1934 more than $56,000,000 was reported as being disallowed, almost half of the total for the entire period. This aroused considerable interest as to what items were involved in this large total during the first year of the Roosevelt Administration. The General Accounting Office was requested to state the items, or at least the principal items, accounting for this huge disallowance. As a result, one of the officials of the Accounting Division of that office personally came to one of the Committee clerks to make the explana- tion. His explanation was that an average percentage of disallowances had been worked out and, in order to level the disallowances, this percentage had been applied to the total amount allowed in each year, thus, in the year 1934 when the amount allowed was over $2,000,000,000, the disallowances were naturally the greatest. of course, the General Accounting Office apparently overlooked the fact that $2,000,000,000 of this total for 1934 involved the setting up of the stabilization fund which was directed by a specific act of Congress and over which the Comptroller General has no control. In a further effort to secure more accurate information, the General Accounting Office was asked if they could furnish the actual i -2figures of disallowances for each year. As a result, a second table was submitted informally and in that table the disallowances for the fiscal year 1934 are set down as $13,731,000 less than one-fourth of the amount previously reported for the same year. When information such as this is submitted to a Congressional Committee, is it any wonder that the Reorganization Committee desires to improve the present system? 352 a 353 March 17. 1000. To: The Secretary From: Mr. Shoup This is the full report on the tax section, to accompany the - statement I handed in day before yesterday. tas 2. 354 REPORT ON FUNCTIONS AND STRUCTURE OF TAX SECTION OF DIVISION OF RESEARCH AND STATISTICS. TREASURY DEPARTMENT (VISE SONE ATTENTION TO REVEMUE-ESTINATING SECTION). A report made as the Request of the Secretary of the Treasury By Gari shoup March 14, 1938. : TABLE OF CONTENTS 355 SUMMARY OF SUGGRATIONS DETAILS OF REPORT Description of Research Personnel under Assistant Director of Tax Section. types of Work Done by the Tax Section. Qualities Needed by a Tax Research Staff of the Secretary of the Treasury. Changes in Existing System That will Tend to Produce the Qualities Noted is Preceding Section. Personnel Implications of Changes Suggested in Preceding Section. Place of the Revenue-Netimating Section. Consultation with Other Branches of the Government That Are Studying Taxes. in 35S SUMMARY OF SUGGRSTIONS FOR REORGANIZATION OF TAX SECTION AND REVISION- ESTIMATING SECTION OF DIVISION OF RESEARCH AND STATISTICS, TREASURY DEPARTMENT. These suggestions - no increase in the total salary roll of the section. 1. Give the tax section a $9,000 director (preferably. two co-directors at $9,000 each, to relieve each other periodically) who will report directly to the Under Secretary or Assistant Secretary in charge of tax satters. 2. Divide the work of the section between (a) Handling specific requests for information made by the Under Secretary (or Assistant Secretary) for his own use (thus not including replies to correspondence addressed to him) - including research projects that are matters of hours or dagre as well as these that require weeks OF months and (b) handling (1) requests from all other sources, including COFFEE spondence and personal calley (11) the preparation of the tax sections of the Secretary's Annual Reports (111) the checking of tax matters in prepared by other branches of the government. 3. Assign the hamiling of the Under Secretary's requests to the director (or two co-directors): assign the lamiling of requests from other - to as/assistant director at shout $6,800. 4. Build up the rest of the staff chiefly with fever but more experienced analysts them at present. 5. Move extremely carefully in the selection of new personnel. Hash of the present difficulty my have arison from selecting staff - under pressure of time. #. 357 6. Give special opportunity for staff members to grow is research ability and interest w insisting that free time to time they write (partly on government time) and yellish - studies is temption . is scholarly Journale, or in book form, and try to arrange for - femal training of juster members. 7. study the possibility of saling the noveme-estimating section a sub-costion in the Tax Section. -3. 358 DETAILS OF REPORT This report is chiefly a statement of the general principlee that the present writer believes should be kept in mind with respect to the work of the tax section. The three OF four days alletted to this task did not of course allow for any detailed apprecial of the work see being earried on, OF for a complete blue-print of reorganization. The report first describes the personnel of the section is terms of their training and experience. It then describes the general nature of the work that the section carries on. Following this is a description of the particular qualities that seem to be needed by a tax research staff in the Treasury. These descriptive parts of the report are followed by (a) suggestions for changes in the system, (b) suggestions for changes in type of personnel (without any recommendations concerning any specific individual). .4. 353 Description of Research Personnal under Assistant Director of tax Section There are in the taxation division, in addition to the assistant director, ten economic analysts and research assistants of various grades, plus a secretarial assistant and three senior stenographers. The latter four will not be covered in this discussion. The annual salaries of the other ten total $30,800. The assistant director receives $6,500. Almost all of these tea have been respuired in the past two years: some within the past three or four months. As to previous training, one of the ten came to the section with a thorough background of training in tax research (he came some time before Mr. Smoker took charge). Two others had had a moderate amount of training in tax research through a year or two of graduate work. A fourth came with nearly as thorough a training as the first. but in branches of public finance other than taxation. A fifth came with a considerable background of research in the field of government administration, but practically no research in taxation. The other five know either nothing at all about taxaties when they joined the section, or only what they had picked up from undergraduate courses or on the W. P. A. project compiling data on 1934 inconce. of the ten, two have dector's degrees. None of then, I understand, has taught a course in public finance or taxation. As to published works (beeks. 1/ The statements in this section are based on information supplied by Mr. Susker, supplemented. is a few instances, by knowledge that the present writer already had acquired. The members themselves were not approached for information on this point or any other points in this survey. 2/ Net including one junior economic analyst who is with the section only temporarily. 5 360 articles in scholarly Journals, reports). one of the eleven has made substantial published contributions in tonation and two other have contributed miner pieces in this field. Since joining the tax section they have, through Treasury policy, been discouraged from publishing. Meet of the staff members have had to be instructed (and instruct themselves) both in research methods in general and in taxation in particular, at the same time that they have been working under pressure to accomplish specific research tasks. Naturally, a heavy burden of close supervision and constant repriting and even checking has therefore rested on the assistant director. It appears that four out of the ten already are, or have possibilities of soon developing into, independent workers capable of submitting memoranda on involved topics, though there is perhaps some question whether all of these four are likely to achieve enough simplicity of style, precision of expression, and directness of approach to the problem in hand so that the a could be given directly to the Under Secretary or whatever Assistant Secretary is in charge of tax matters. The comments is this paragraph, heaver, need to be checked carefully before being accepted, since the present writer is not thoroughly acquitaded with all the members of the tax section. 361 Izeas of Tax Issa by the Yes Section This part of the report is based on a study of the activities of the tax section during the period January 1 - March 10, 1938. the work of the tax section may be divided roughly into seven categories: 1) Answering letters of inquiry from the general public that are not indicated by any Treasury official as deserving of special attention. Miss Stegler, in Mr. Hase' office, answers all of these except these that involve matters too technical to be handled by hers the latter are eared for chiefly by Mr. Spiegel and Mr. Atlas is the tax section, who also check on Miss Siegler's replies. The present practice is simply to send references to published material. Father than to supply any data is the reply itself. 2) Answering letters of inquiry from the general public that are indicated, by some Treasury official OF some Congressum, as deserving of attention. Some of the letters raise substantial research problems: time. a membersof the Beston City Council writes to Mr. Magill for comparative date on tagation is the United States and Surepes a request comes through Senator Josh Lee for on estimate of yield from a 2 per can't summover tax. 3) Assuring requests from Congression for their own use (not simply letters from constituents formanded by Congression). Many of these requests are phone calls. Meet of the requests would, I should suppose, require .,- 362 several hours or even a day OF more to answer, and once in a while one requires several days. Time Representative Barton wate to know the total amount of Federal taxes paid by, and the Federal money expended in, New York State and each of five other states in each of the years 1933 - 1937 inclusive: Representative Smith water to know how mach the Federal tax revenues would be increased if state and local salaries and Federal securities were whelly taxable. 4) Answering requests from Treasury officials for fairly prompt information for their our use - not information to be used in replying to letters. Most of those requests have of course come from Mr. Magill. Some have come directly from the Assistant Secretaries and the General Counsel. This part of the section's work is probably the most vital, the most exacting, and the most time-consuming of the seven categories of work listed here. A project of this type my take only a few hours, but commonly it is a matter of two or three days or even more. It is often accompanied by a #deadline" requirement. There is usually no advance notice. All of these projects, of course, clear through Mr. Hane' office. in and out. 5) Writing (et the request of Treasury officials, as is (4) above) memorado on what may be called #leng-term projects". The - will often take one or more of the senior staff subhese a week or neveral weeks to prepare. They usually have no "deadline" attached. Work on then is interrupted frequently to parene more intellate tasks. -8- 363 6) Checking - tax date and tax policy recommendations in memorands, reports, etc., dream - w other sections of the Division, by other divisions of the Treasury. or by other branches of the government. Thus monoranda prepared by the revenue-estimating division are reated through Mr. maker for initialing: Statistics of Income data compiled in the Internal Revenue Unit are inspected and suggestions sometimes made for improvement in form of presentation, etc. Census bureau material on state and local tax statistics, rested through the Central Statistical Board, will come to the Division for suggestions; recently the tax section had to inspect a report touching on railroad taxation, by the Interstate Commerce Commission. 7) Preparing and checking certain sections of the Secretary's Annual Report. In addition, the section builds up and keeps current some information files concerning certain taxes, certain states, etc., so that the inquiries mentioned in (1). (2). (3). and (4) above my be assured propily. This is therefore not a separate activity, but a phase of those others. 364 Qualities Issial be a Tax Research staff of the Secretary of the The kind of tax research needed by the Secretary is is several respects different from the kind earried on by others such as a private organisation (e.g. the National Industrial Conference Board), a foundation (e.g. The Twentieth Gentury Fund). or graduate departments of universities. The Secretary needs prompt answers to a large number of questions that are usually of restricted scope and quite technical. The other organisations, in contract, carry out fever projects, each of greater scope, with leevays of weeks and months for completion instead of days OF hours, and often, though not accessarily, with more generalising and less working-up of highly specific technical date such as tax-rate schedules. analyses of individual companies, etc. The problem of making tax estimates increases the contrast, but this problem is not considered in detail in this report. 1) The Secretary's tax research staff must therefore be verentile, since is will be called upon at short notice to change free one topic - e.g., the analysis of a report published by the Breakings Institution on the - distributed profite tax - to another topic in - entirely different part of the tax field - O.E. the advisability of a certain method of compensating the states for less of property tax revenue resulting from the expension of the Federal Government's property holdings. Verentility in this sease is in large part a matter of the length of time a person has been magad is tax research. It also depends of course upon personal capacity. Finally, is is enhanced if an adequate file of date, reaging from several-velause works down to neversper clippings, is mistained -10- 365 on a wide variety of tax subjects. A Department library is helpful, but cannot whelly take the place of a file of material that is in the same room as the research staff and available to no one else. 2) The Secretary's tax research staff must also be thoroughly at home is the technical details of tax law and tax administration, particularly with respect to existing law and law proposed in pending bills, committee reports, etc. It must, for instance. be able to look at the income statement published by Corporation X and drew therefrom all possible inferences con- cerning the probable repervessions on that corporation of Title I-B of the income tax - and Title I-D as then proposed, which my not be the same as 11 was the week before. 3) The staff need not be required or expected to make original centributiens to the basic principles of taxation. Perhaps 18 need not even be required to make original factual contributions, sugh as are obtained through extensive field work in interviewing business mm, collecting unpublished data, etc. In both these respects the staff differe from the other research agencies noted above. 4) However, the staff does need to be well asqualated with the contri- butiens of others in those fields of basis principles and factual discoveries. The staff is called as from time to time to give recommendations on problems with far-reaching implications, as for instance when 18 is requested to suggest the best ways in which to raise half a billion dollars of added DIVISION IS should therefore not only have a thorough knowledge of what the authorities in the past have had to say, but also keep abreast of significant current output is scholarly Journals, reports, books, etc. 11 - 366 5) the staff needs to be skilled in conciseness. The readers of its material read under pressure, and met receive the most information possible is the smallest number of write. 6) The staff must to composed of fast veriers. In this respect the task is with like that set by a newspaper reporter, whose material loses all value if 18 is not available within a certain time. 7) The staff mest be imbused with the idea of service. This statement sounds trite, but 11 refers to a fundamental attitude. This assitude nofirsts a disposition never to think of any request as prime facio impossible. It also indicates a willingness, in case is does prove impossible to deliver a finished piece of work, to deliver one partly finished rather than nothing at all, and to trust to the sense of fairness of the top officials to appreciate why the work is only in partly finished shape. To trust in this manner is always semounts dangerous for the professional standing and future of the one who does the trusting. but is is one of the risks that accompany the attitude of "service" as defined here. Finally, this attitude also implies a willingness to hide so far as possible the strain under which one works, unless the situation becomes " intelesable than a general showdown is deemed accessary. 8) The staff must be able to foresast, to - appreciable degree, the questions that the Under Secretary (or Assistant Secretary) is 1thely to ask, particularly when the Revenue Act is undergoing revision. Shront surmises in this direction will min it possible to supply information whom otherwise, oving to the striet time limite toposed, the staff would either have to work evertime (with resulting damage to later work, probably) or confess to as Imability to meet the request. 2 -12- 367 Shaness in Existing States that Hill Tent a Produce the Qualities Nates in Progeliar Seaties All the discussion in this section assumes that no more will be spent is total salaries for the tax section than at present. The current figure is $37,300 a the head of the section, but not including the $6,860 spent for a secretarial assistant and three senior stenographers). 1. (a) Verentility would probably be increased if the staff members were fewer but more experienced than is now the ease. One $5,200 - is likely to give greater versatility than two $2,600 mea working in combination. In general, this requirement calls for persons who have had several years of experience in tax research OF tax teaching. The section at present I too heavily weighted with specialists rather than verentile persons, and there seems to be - oversupply of specialists in the field of state and local finance It is sometimes difficult to get the highest grade of research person to undertain the emailing daties. consisting se mach both of such and routine, that dimmeterise government work. The solution probably lies is two directions: (1) Spend plenty of money to got one or two top (2) spend practically all of the rest is gossing young - who are, becover, old enough to have had - tax-research training. Sease excellent people of 25 to so years of age she have recently received dester's degrees 1/ Net including $2,000 salesy for one of the justor economic analysts. who is. I unierstand, here only temporarily. a/ See the seeties above, #Description of Research Personal water Assistant Director of Tax Section". - 13 - be indused to enter the service if they are offered salaries appreciably above the level they are likely to ears immediately elsewhere - a salary of, say, $3,600 to $4,000 instead of $2,600 to $3,000. This may seen like overpaying them, but is is not, if they are chosen only after as extremely careful investigation. A bold policy of paying high salariee to young - who have no reputation but who are clearly going to have one (and this can probably be pretty well ascertained by the time they are 25 OF 30) is the best resource for as employer such as a governmental research agency. (b) At the present time a file of data is being built up. and 11 need only be noted here that increased efforts in this direction are likely to pay for themselves. In fast, is might prove desirable for the section to build up a fairly extensive tax library of its own; the expenditure of a few thousand dollars is this may, plus a few hundred each year, sight repay itself in the saving of time. When a reply must be composed in a few hours, OF by the next day, the fast that the material is right at hand in the same room, and not, possibly, out being used by others, may make the difference between being on time and being late. Thus this matter concerns point 6 below (speed of work) as well as the present point (versetility). The collection and suistenance of such a library would not take the full time of one person, but complete responsi- bility for 11 night take up part of the time of one of the juster staff members. This person would be expected to be so well acquisited with the contents of the books, pertedicals, etc., that he could ast as a gatah- reference "living inter" for the other staff more 368 - 14 - 359 2. An increase in the staff's familiarity with technical details and aptitude for handling those details can be obtained in the same gasner as just indicated in (1) above. But it can also be obtained to a large degree by setting aside hours for study and by attending technical courses in local institutions. The material to be learned is of a specific, definite kind: in contrast, the power to be verestile, as that word is used above, comes largely in the doing. Provided they are not always under pressure to deliver, a young but energetie and intelligent staff can probably pick up the required-technical material in a few months. S. Original factual contributions through field work - e.g. visiting match factories to discover the effects of the match tax - may at some future time be an important function of the staff, but, because of pressure of other work, 18 seems to be out of the question at present. 4. As indicated above, 11 is important that the staff keep acquainted with the contributions of others in the fields of basic principles and factual discoveries. This will not be done to the extent is should wills the Secretary and the Under Secretary inform the staff that they are expected to use some part of their office time in this manner, and that is passing judgment on delays in answering - etc., allowance will be made for this faster. 5. It is not evident how conciseness in reporting can be obtained. The fault of course usually goes far back to elementary and security school training. Constant reiteration of this requirement my produce - -15- 370 results. 6. (a) The speed of work is in part a astter of the kind of individual. IS simply comes down to the fast that, so far as possible, slow workers should be replaced with fast verbers. (b) The speed of work is also a matter of administrative procedure. Replies would come mash quicker if there could be a decrease in the number of way stations between the writer of the reply and the one who requested it. AS present, as I understand 11, a reply to Mr. Magill written by one of Mr. tusker's staff must be approved by Mr. Zucker (and it is always revised, more OF less, by him). then usually read by Mr. O'Donnell, always read by Miss Michener, perhaps read also by Mr. Haas, and then delivered to Mr. Magill. If, in contrast, the staff member who prepared the report could hand it direct1y to Mr. Magill, a great amount of time would be saved. This procedure is not fessible of courses unless the staff member in question is of high calibre. However, even if a junior staff member prepares the a one check by a senior staff member - should be adequate. Material that is to be printed and given wide distribution should always be checked by persons other than the author. but with other material speed is probably secrified too wash by the amount of routing that now goes on. The staff should, however, contain one person who has a highly developed critical faculty which he is willing to use unsparingly, and to when all bus the most "rush" resuscripts can be referred. In preparing menoranda the tax-section staff semetimes needs to consult with the monetasy section under Mr. White (e.g. if a question of shot money" - 16 - 371 is involved) or with the financial section under Mr. Seltner (e.g. in studying the mdistributed profite tax). OF with the astuarial section under Mr. Heagh (e.g. is certain watters relating to death taxes and social security taxes). Such consultation is facilitated senswhat by the present arrangement shereby all these sections are under one division. Whether the reneval of the tax section from this division would impede this kind of cooperation is a question deserving more attention, but the present writer's impression is that not enough would be lost to conterbalance the gains to come from separation. (e) The matter of a separate library for the section has been disoussed under point 1 above. 7. The question of service, 1 line that of speed, is largely one of individual inslination. In general, is appears that young workers are likely to have this assitude is a stronger fosta than older workers. s. The ability to forecast demands probably - only with cansidemble experience is Treasury work the willingnose to try to foresast is another phase of the "service" problem noted in No. 7 above. - 17 - 372 Personal Institutions of Increated in Preseting Seaties For these changes to because effective, the research staff would have to be composed of fever numbers than at present, a larger proportion of whom would be in the high-making grades of "Doonomic analyst". Ny in pression is that the section is at present too heavily weighted with loverrank workers. This slows w the finished replies because more checking and revising is needed, and there are fewer people capable of doing the checking and revising. If the two right - could be found, one possible arrangement would be as follows (this may be called "Plan I): (a) Two co-directors, receiving about $9,000 a year each, would head a Tax Research Division. Each co-director would be, in reality, not a "director" so 1 as a highly skilled, verentile research specialist in texasion, with emphasis of course on the commonie and business aspects of the subject. He would w. or would shortly become. an *authority" in the field (without the degention or addiction to policy formation that that word sometime commotes). Both of the co-directors would report directly to, and receive their assignments directly from, the Under Secretary or whatever Assistant Secretary was given charge of taxation. Two would be needed, in order to alternate their duties someshas as follows V In order that the present salary total would not be associal. -18- 373 while one, the 'ee-director is charge", was on active daily call from the Under Secretary New fear OF five months, the other would be on "reserve duty". engaged partly on long-term projects requested by the Under Secretary and partly on general study and research of his our to keep abreast of new discoveries in his field - but in rush periods he too could be on daily call. AS the end of the four or five months period the co-directors would reverse positions. the second beeening co-director in charge. The periodic change would probably be a benefit to everyone concerned. including the Under Secretary. (b) One assistant director of the division, receiving about $6,500. He would answer letters of inquiry from the general public; accept personal calls from outsiders that was to discuss tax matters, prepare and check ea sections of the Secretary's Annual Report (though this night be important enough to assign to one of the co-directors), and check the tax items in the various documents, statements, etc., that are drewn up by other branches of the government. These taskt should - directly to him (not through the co-director) and . from his without checking by the co-director. There should, however. be a working agreement between his and both co-directors that they would 8 far as possible supply his ea request with what material they had readily available that he needed for his corresponsimes, checking. etc. If no each working arrangement proved practicable, all the assistant director's work would have to be rested through the 00-director in - . 1/ See No. 4 is section, "types of Work Dear w the Tax Sections. 2/ See No. 5 is section, "types of Work Done by the Tax Section". 3/ See No. 4 in section. "The Qualities Needed by a Research staff of the Secretary of the Treasury". -19- 374 & procedure that would be possible, but undesirable in the demands that 11 would make on the time of the co-director. (a) Each co-director would have one economic analyst starting at about $3,600 (o.g. a young post-graduate student of exceptional ability, with a dector's degree). (d) The assistant director would need at least one assistant, probably starting at about the $3,000 level, who also should have a doctor's degree. (e) An assistant analyst starting at about the $2,600 level could be given the library and "index" duties noted in 1 (b) in the immitately preceding section, and could also be on call from the economic analysts in (e) above. If 11 is not possible to find the two co-directors needed for Plan I, another arrangement, *Plan II", seems practicable. This would be the same as Plan I except that in place of two co-directors there would be one director who would have immediately under his as assistant director starting at about $6,500. This assistant director (to be distinguished from the assistant director in charge of public requests for information. etc.) would relate activities with the director. 1 as the two co-directors would relate in Plan I above; but responsibility for the time and extent of retation would rest with the director. In all other respects Plan II would be the same as Plan I (except that the money saved on the salary of - of the directors could be used to get higher grades of analyst). 375 - 20 - If neither Plan I nor Plan II is practicable, a #Plan III* might be tried as follows (a) A single director of a Tax Research Division, receiving about $9,000 a year, would set centionally such as the "eo-director in charge" is Plan I but would probably have to shoulder more administrative and super- visery duties, since the lack of a 00-director (or, as in Plan II, another assistant director) would have to be supplied by an increased member of junier staff members, under the supervision of the director. The director would report directly to the Under Secretary Tor Assistant Secretary in charge of tax miters). (b) One assistant director of the division, with the same salary and duties as in Plan I (answering replies from the public, etc.). It would be even more important than in Plan I that these duties should be cleared directly through his if possible, and not through the director, in view of the other added supervisory work the director would have. (e) The director would be assisted by two senior economic analysts at the $4,500 level. (d) To those two analysts would be assigned the two $3,600 analysts noted in (e) in Plan I. (a) The assistant director would have as assistant, as in Plan I. (f) An assistant analyst at the $2,600 level would be employed as in (e) in Plan I. 21 - 376 Place of the Revenue Estimating Section A difficult problem, and one not possible to analyse carefully within the time limits of the present study, is the determination of the proper place of the revenue-estimating section. Under the present system this section is independent of the tax section. Each is is charge of an assistant director who reports directly to Mr. Haas. A disadvantage of this arrangement is the chance 11 gives for lack of coordination. The Under Secretary may, for instance, want to know the economic aspects of a proposed treatment of capital gaine, including the revenue aspects. The sections may differ is the relative urgency they attach to the work, and hease in proupiness of reply: they may not understand the request in exactly the same way: and still other differences making for a lack of harmony may arise. On the other hand, the revenue-estimating section must analyse current business trends and forecast business conditions, not only (a) to supply the Under Secretary with revenue estimates in response to special requests, but also (b) to supply the Bureau of the Budget periodically with estimates for current and enering fiscal years, and (e) to inform the Secretary each week or oftener of business conditions and trends, for his general use. About all that can be said in the present report is that the dissess for lack of discussed above, are important enough to demack further study of this problem seen. 23 377 Immitation with other America of the Government That Are Utilizing Issue another important topic for further study is the relation of the Secretary's tax research unit to other research units is the Government. Greater personal contact between members of the various write, such as those is the Bureau of Internal Revenue, the Department of Agriculture, and the social Security Board, would be helpful. Moreover, the Secretary's unit eas obtain valuable information by discussions with non-research white is the Treasury such as the various administrative sections in the Bureau of Internal Revenue. Frequent and informal contact is probably on the whole a better approach than any infrequent, formal contact, but is night be designable to provide - sert of fessal mechanism for bringing together the Government's tax research specialists at more OF less regular intervals. 378 TREASURY DEPARTMENT INTER OFFICE COMMUNICATION DATE March 17, 1938 TO FROM The Secretary Mr. Taylor (Memorandum of Day's Activities) I had a call from Herbert Feis today about the proposed message to Congress on the Hungarian debt offer. You will remember that Feis left these papers with me early in the week, at the time that the French situation was being discussed. Subsequently the President has indicated that one of the messages which he contemplates sending to Congress in the near future relates to the Hungarian debt offer. Dan Bell and I have gone over the proposed message and with the exception of minor points we see no objection to agreeing with the draft proposed by the State Department. We would like to discuss the matter with you tomorrow morning, as it will be desirable to clear this message before the President leaves for Warm Springs. After the Banking meeting this morning, I called Jesse Jones to tell him that I thought that the proposed message was in very good shape and to tell him that in the near future we would want to discuss the broadened legislation which he will need, including certain types of capital to industry. He said that he wanted to go down to the Hill to take the pulse of various members before deciding exactly how he should I believe this is the way in which he usually operates. proceed. I then mentioned to him the possibility of acquiring stock in various enterprises through underwriting or otherwise, and found, as I expected, that he had no enthusiasm for this proposal. -I do not think that we have heard the last of the Home Loan Bank situation, and can only again emphasize the fact that it is necessary for the Administration to make up its mind on this subject, which, in my opinion, will become more and more involved as time goes on, and it is with this in view that I caused the questions which I gave you today to be prepared. I also had a call today from Maxey of the U. S. Housing who discussed briefly some of the problems of their financing. We have taken care of them up to June, but I think that we should discuss this situation again inside of a month, let us say after you return from the South. e.f. 379 380 March SB, 1938 At Cabinet on Friday, March 18th, the President raised the question as to what could be done for the political refugees in Austria. He said, " After all, America had been a place of refuge for so may fine Germans in the period of 1848 and why couldn't we offer them again a place of refuge at this time. He suggested that we combine the quotas of Germany and Austria and let the Austrian refugees come in under the combined quota. Miss Perkins said that this could not be done legally. The President asked the Cabinet if they thought they could increase the quota by getting an act through Congress. The consensus of opinion was that they could not get such an act through Congress. Miss Perkins said that possibly the International Labor Bureau at Geneva could handle this situation. The President said that he thought this was a good idea. He said he thought if different countries were appealed to that, depending upon their size, they would take from 100 to 1,000 families each and, in this way, we could find homes for 10,000 or 15,000 families. Sunday night I discussed this idea confidential with Irving Lehman and he thought very well of it and, I think, my wife suggested Hamilton Fish Armstrong as the American representative. At lunch Monday, March 21st, I brought this whole question to the President's attention again and asked him if something could not be done at once. He said that I should get together with Summer Welles and have something ready for him within 24 hours or anytime be fore he left for Warm Springs. I got Welles over here at 3 o'clock and we went over the whole proposition and he thought extremely well of it and his whole attitude was simply fine. I asked him whether he could have something ready by 11:30 Tuesday, March 22d. He said he would work all evening, if necessary, to get it ready. He came here on Tuesday and I was most pleasantly surprised to find that he had two finished documents on this subject. I asked him if he had shown these to Mr. Hull and he said he had and they met with his approval. The documents covered the subject admirably and I had no suggestions to make. I called Miss LeHand and asked for an appointment to see the President. She called back in two minutes and we had an appointment for 12:45. The President read the document through and was enthusiastic about it. He said, "I have only one suggestion to make. The words 'religious' and 'racial' should be changed to 'political'. I think it would be better. We all agreed. -2- Summer Welles told the President that he thought if he made an appeal for money for these political refugees he would get an excellent response on the North and South American Continents. It was agreed that at the same time that the President made his appeal that it would be announced that the United States Government recognized that Austria was part of Germany. This would be necessary in order to combine the two immigration quotas. Welles then said, on further consideration Mr. Hull also wanted at this time a further announcement in regard to customs duties as it would affect the combined Austria and Germany. 381 FLOOD CONTROL Wallace memorandum to President, March 15 Wallace memorandum to President, March 16 Bell memorandum to President, March 17 Douglas memorandum to President, March 18 " new sraft of bill aloans to industry" sn mar.L2 382 383 Wallace memo to FDR 3/15 384 DEPARTMENT OF AGRICULTURE WASHINGTON OFFICE OF LAND USE COORDINATION March 15, 1938. MEMORANDUM FOR THE SECRETARY. Subject: Department of Agriculture participation in comprehensive flood-control program. (1) The Flood Control Act of 1936 provides that . Federal investigations of watersheds and measures for run-off and waterflow retardation and soil erosion prevention on watersheds shall be prosecuted by the Department of Agriculture." Thus the Department is responsible first for "investigations of watersheds," and second for control "measures ... on watersheds. (2) Investigations are now being vigorously prosecuted on many watersheds. In the near future we should be ready with specific plans to undertake comprehensive upstream engineering and land-use "measures" in some of the most critical areas. (3) A number of preliminary examinations of watersheds were started when funds became available last August. These examina- tions are to determine the general location and extent of flood- producing areas and whether upstream engineering works are justified. Preliminary examinations have already been completed on some 20 watersheds scattered throughout the country, including the basins of such major streams as the Trinity (Texas), St. Croix (Minnesota), Lehigh (Pennsylvania), Pee Dee (North Carolina), Upper Arkansas (Colorado), and Merced (California). About 50 or more such investigations will be completed by July 1. (4) If the preliminary examinations show that flood control measures would be feasible, then detailed surveys of certain portions of these watersheds will be made. Such surveys will outline the specific upstream measures required and will indicate the benefits to be attained from the contemplated flood-control program. Specific watershed projects will be recommended to the Congress, together with estimates of their cost, as required by the Flood Control Act. 15 385 -2- (5) Several detailed surveys will be under way by the first of June. Probably the first will be for the watersheds of the Los Angeles, San Gabriel, and Santa Ana Rivers in southern Cali- fornia. Another will be for the Yazoo Basin. Other detailed surveys contemplated for the immediate future include parts of such important watersheds as the Susquehanna, Allegheny and Pee Dee. (6) By participating in the development of the plans, the three major flood-control "action" agencies of the Department (Forest Service, Bureau of Agricultural Economics, and Soil Conservation Service) will be thoroughly familiar with each project and will be ready to function promptly in carrying out a control program - whether as a relief measure, under special funds made available for the work, or under regular appropriations made pursuant to the Flood Control Act. All upstream activities are being closely integrated with the downstream program of the Corps of Engineers, so that the work of the two agencies can result in the maximum good at the least possible cost and without overlapping or duplication. (7) In summary: By July 1, 1938, the Department of Agriculture will be prepared to undertake comprehensive flood-control work, on a carefully planned basis, on a number of critical watersheds, if special funds are made available. If the procedure set forth in the Flood Control Act is followed - necessitating special reports to the Congress on each watershed - actual control work will most likely not get under way until a year later. In either case, the Department is developing a sound base for upstream flood control and specific plans will be prepared on a widening front until plans have been prepared for all major watersheds of the country. 386 March 16 -Wallace memo to Pres 13 387 DEPARTMENT WASHINGTON OF AGRICULTURE THE WHITE HOUSE HMW Mar 17 8 50 AH 38 50 RECEIVED March 1 6, 1938. The President, The White House. Dear Mr. President: When you told me last Wednesday about the possibility of making loans to States in order to start extensive flood control operations, I asked our people how soon we could be ready to go forward with the upstream engineering and land- use phases of such a program. The enclosed memorandum shows that, on the basis of detailed surveys and plans now being pre- pared, we could undertake comprehensive control work on a number of the most critical watersheds by July of this year. This represents a full year's gain over what will be possible if we follow the procedure of making detailed reports to Congress on each watershed, as called for in the Omnibus Flood Control Act, and then awaiting specific authorizations for the work proposed in such reports. I think the basic planning work now under way guarantees that all work started will be the most essential in a field where certainly very much needs to be done. After this brief memorandum has served your immediate purpose you may wish to pass it on to the Water Resources Committee. Sincerely yours, Nawallace Secretary. (Enclosure) 388 3/17 - Bell memo to FDR BUREAU OF THE BUDGET 389 WASHINGTON MAR 17 1938 MEMORANDUM FOR THE PRESIDENT: A few days ago you asked me to give you a memorandum setting forth the fiscal situation respecting flood control. The Omnibus Flood Control Act of 1936, as amended, authorized flood control projects estimated to cost the United States, for construction, a total of approximately $344,000,000. Work has been started on certain of these projects whose total estimated construction costs amount to $160,160,117. The amount appropriated or allotted to June 30, 1937. (all emergency funds) was $6,570,372; unexpended balance available July 1, 1937. $1,069,852; allotments, fiscal year 1938, $51,986,773. of which $29,608,515 were appropriated (or regular) funds and $22,378,258 were emergency relief funds (allotments to January 31, 1938): total available for obligation in fiscal year 1938, $53,056,625; total obligations to January 31, 1938, $17,908,354; total expended to January 31, 1938, $10,466,851. (See Section "A" of tabulation hereto attached.) Flood control projects not authorized by law, but for which emergency relief funds have been allotted to the Army Engineers by the Works Progress Administration: Estimated construction cost, $3,689,850; allotted to June 30, 1937. $1,947,449; amount unexpended July 1, 1937, $609,228; allotted fiscal year 1938, to January 31, 1938, $1,742,458; total available for allotment in fiscal year 1938, $2,351,686; obligated to January 31, 1938, $1,518,523; expended to January 31, 1938, $1,454,642. (See Sec- tion "B" of tabulation hereto attached.) Mississippi River, and tributaries: The Act of May 15, 1928, as amended by the Act of June 15, 1936, provided for flood control of the Mississippi River and tributaries, at a total estimated cost of $597,000,000. There has been appropriated or allotted to June 30, 1937. a total of $288,153,424; unexpended balance avail- able July 1, 1937. $8,921,943; allotted for fiscal year $45,000,000, of which $30,000,000 were appropriated (or regular) funds and $15,000,000 were emergency relief funds: total available for obligation in fiscal year 1938, $46,300,788; obligated to January 31, 1938, $17,265,615; expended to January 31, 1938, $14,458,521. (See Section "C" of tabulation hereto attached.) It should be noted that the word "tributaries", as used in connection with flood control of the "Mississippi River and tributaries", means outlets of the Mississippi and so much of its tributaries as may be affected by the backwaters of its main stem. 39 2- 17 Totalizing the foregoing gives the following: Total estimated construction cost of flood control projects: Authorized by law Emergency Relief Projects Total estimated construction cost of $941,000,000 3,689,850 projects now under way Total appropriated or allotted to June 30, 1937 Total unexpended balance July 1, 1937 Total allotments, fiscal year 1938: Regular funds $944,689,850 760,849.967 296,671,245 10,601,023 $ 59,608,515 Emergency funds Total funds available for obligation, 39,120,716 98,729,231 fiscal year 1938 101,709,099 January 31, 1938 36,692,492 Total obligated fiscal year 1938 to Total expended fiscal year 1938 to January 31, 1938 26,380,014 In addition to the appropriations and allotments for the prosecution of flood control projects by the Army Engineers during the fiscal year 1938, as set forth above, the Works Progress Administration and, to a lesser extent, other Federal agencies have done and are now doing much work along the lines of flood control. Sometimes this is incidental to other work and in the case of some projects it is the main objective. Practically all of this work is on projects which have not been adopted by Congress as part of its flood control program. However, many of the projects have been included in the program for flood control recommended by the National Resources Committee. Such projects fall within the general classification "conservation work" under which over 7,000 projects have been approved. Of these about 5,000 have been for irrigation and water conservation and some 400 for erosion control and land utilization. Through January 31, 1938, actual expenditures under the various Emergency Relief Appropriation Acts on these two types of projects had been about $400,000,000. While it would require a detailed analysis of each project to determine the amount expended for flood control, it is evident that such expenditures represent many millions of dollars. DWBBll Acting Director. Enclosure. March the 1936. FLOOD CONTROL PROJECTS 391 FOR WHICH ALLOTMENTS WERE MADE IN 1936 (1) (2) Total Estimated Construction Cost Project (4) (3) Total Appropriated Unexpended Balance or allotted to Available June 30, 1937 (6) (5) Allotments Fiscal Year 1938 July 1, 1937 Regular Funds Fiscal Year 1930 (8) (7) Total Funds available for obligated Expended to to obligation Emergency Funds Fiscal Year 1938 260,000 123,300 50,000 467,000 521,300 76,330 January 31, 1930 January 31, 1938 Flood Control General - Authorised by Flood contro APTE... June 22, 1936 and August 20, 1937. 162,000 37,996 - 219,304 205,000 61,915 7,034 811 799 5,200 32,000 2,258 2,171 6,050 71,000 471 261 405 76 162 53 76,000 82,000 1,029 1,026 29,930 16,870 46,000 574 438 66,186 41,714 128,200 1,756 1,596 96,784 48,516 145,300 1,082 917 19,250 6,250 25,500 575 452 55,250 600,000 12,900 40,000 13,400 14,500 - - 3,750,000 223,000 347,500 7,500 11,500 - 56,640 42,290 - 34,300 32,940 30,010 - - - - - - 250,000 191,000 13,897 7,112 109,000 44,400 - 657,100 3,860,000 7,676 120 - 1,105,000 406,000 1,185,000 1,800,000 2,625,000 1,900,000 21,536 422,000 391,000 236,000 541 - -- 445,750 299,016 292,830 56,000 29,000 13,600 - 1,256,250 12,457 46,000 - 1,404,400 - 135,000 - (below Plum Bayou) Saline Point, LA - North Little Rook to Gillette, Ark. - Bayou des Glaises, LA 845,000 965,000 263,695 60,916 8,230 - cinoinnati Ohio Ironton, ohio, Welleville, ohio 2,142,780 5,409,450 133,137 14,178 - thistington, W. Va Newport, Ky - Kenova, W. Ve 436,540 976,500 540,000 840,000 3,929 302,373 - ceredo, W. Ve - Indianapolis, Ind. (Fall creek Section) 13,236,941 3,517 - (2) widdlesboro, Ky cannelton, Ind Brookport, I11 - Reservoir System for protection of 3,585 - Helle Fourche, S. Dak Harrisburg, III Metropolis, III Tell city, Ind coloonda, Ill - 29,000 86,778 161,909 - 26,800 80,000 Forsyth, wont Paduoah, Ky - 5400, ohio Rivor Lovese and Floodwalls Eveneville, Ind - 25,800 Ind. - 78,900 1,000,000 391,080 96,484 196,245 2,570 15,000 3,500 6,000 - - 25,500 Glasgow, Mont Muncie, 37,770 11,030 94,000 40,900 - 145,300 Topela Kana Brevoort Levoon, Ind 64,150 - 381,200 Pekin Latarah Levee and Drainage Pittaburgh, PM 52,850 40,000 - 46,800 District, Ill Oakford Special Levee and Drainage District, Ill Mason and Menard Levee and Drainage District, Ill 166,534 165,000 26,800 - 82,000 T11 130,000 46,000 M.400 Pennepin Levee and Drainage District,Mo 141,000 109,000 47,000 71,000 13,600 109,000 Spring Lake Levee and Drainage District, 250,000 25,000 375,000 335,000 207,000 - 11] Menderson Drainage District 3. I11 Penny slough, Ill Gregory Drainage District, No Pabius Rivor Drainage District, MO 1,250 - Ill. South Quincy Lever and Drainage District 10,000 0.000 - Seahorn Levee and Drainage District, III any Island Leven and Drainage District, 2,723 6,650 1,650 10,000 8,000 1,250 - 546,000 220,000 32,000 96,663 6,112 9,656 - III. South Beardstown District, III 114,946 - columbia Lovee and Drainage District, 154,935 136,500 - Wilson, Wenkel and Prairie du post, Ill. 50,000 56,500 1,221,175 1,823,532 - 859,000 520,000 00,000 80,000 1,219,925 1,822,282 - 1,153,000 yerry County Districts 1 and 2, 110 6,647 16,007 90,000 - East St. Louis, Ill. (East side Levee) 42,500 - 134,000 1,018,003 191,140 19,932 226,075 Itawnsbe County, Miss 1,234,143 387,000 15,935 - 1,194,442 2,058,298 391,080 2,963,701 144,000 47,500 - Kingston-Edwmrdeville, Pm William-Barro and Renover Township, Ps... Rome, Ge 243,000 - 170,000 - 3,857,000 - custoriand, ltd Yeerefield, W. Vs 36h.27 - , 139,000 150,000 Potonno Park Levoes - 1 - ,Bolling Field - - Washington, D. C. 1,302,701 , 605,000 90,000 Tar liver, H. a 1,681,000 - 7,400,350 - (1) , Pennsylvania Augusta, 30 1 Southern New York and Eastern 1 76,330 207,000 398,000 26,330 $ tanoille River, Vt 6,760,000 10,260,500 0 verrimack River Reservoirs Connectiout River Reservoirs 26,010 28,010 26,010 117,140 170,570 296,000 109,310 98,500 121,910 117,860 34h 23,650 70,900 542 505 400,000 1,000,000 48,991 45,103 12,900 25,800 00.000 26,000 626 626 3,006 1,606 29,000 1,551 751 4,006,500 69,852 539,981 275,000 590,500 11,067 8,135 8,135 40,000 13,400 14,500 256,500 52,000 243,000 -- 291,140 140,160 139,740 69,830 70,240 70,250 70,250 70,240 472,860 721,430 8,905 7,500 5,331 5,331 11,500 8,006 8,006 347,780 162,450 174,000 102,770 100,250 96,250 10,462 8,625 6,097 2,506 9,012 3,312 3,203 3,030 3,030 98,250 1,816 1,818 2,350 96,250 3,020 590,000 900,000 11,370 1,014,000 208,690 1,310,000 46,447 318,000 18,277 141,000 180,600 194,690 132,140 50,000 279,100 316,600 250,000 191,000 8,204 15,846 14,973 142,003 510,000 90,000 600,000 12,623 30,300 296 30,300 14,664 7,467 5.834 1,684 9,913 11,314 40,775 12,670 7,201 11,608 9,346 34,524 12,111 - - - 190,000 - - 134,000 - - 200,000 - - - - - - - 250,000 315,000 88,500 - - 400,000 - - 232,000 340,000 23,300 5,780,000 1,053,917 - - - - - $160,160,117 $6,570,372 8,078,700 15,000 582,500 50,000 71 247,000 706 667,000 11,126 300,000 150,000 315,000 66,277 48,486 1,543,041 207,638 220,000 220,000 226,000 105,751 70,543 111,641 214,390 214,775 796,000 204,836 18,269 46,890 13,292,700 7,055,945 132,815 15,145 1,8,000 69,523 9.574 12,195 43,719 4,409,917 13,405 129,309 12,370 4,979 4,676 100,000 55,000 500,000 267,000 35,440 60,000 6,000 400,000 13,000 100,000 228,000 231,000 154,000 2,049 6,053,917 1,442 4,913,953 954,430 187,927 2,260,109 162,662 153,570 10,649 6,996 500,000 500,000 341,692 262,191 10,000 40,000 $29,606,515 8,044 110,500 1,000,000 155,000 173,900 194,244 20 10,690 350,000 126,000 93,000 500,000 500,000 231,325 January 31, 1938 35,000 22,000 122,000 799,430 153,570 $1,069,852 to January 31, 1938 250,000 4,000,000 - - - - Total - Flood Control, General 76,080 275,940 61,000 - Snagging in interest of Flood Control 75,642 87,000 - surveys, Department of Agriculture office, chief of Engineers 16,260,000 5,000,000 2,500,000 - surveys, War Department 640,000 26,000 106,000 105,000 - Great Salt Plains Reservoir, okla 141,000 - - yort Supply Dan, okla 100,000 137,000 - Poplar Bluff to Enoble, Ark Conohas Dan, N. Mex. 267,000 763,100 29,300 - stagge Ferry, Ark ysulkner County, Ark Near Dardanelle, Ark. 1,020,000 - village Creek, Ark Iola, gans. 350,000 110,500 - (above Plum Bayou) Newport, Ark. 4,900,000 - North Little Rook to Gillette, Ark. 34,580,000 - (3) North Little Rock, Ark Little Rock, Ark. - 5,214,000 1,394,000 86,000 Fiscal Year 1938 - - 1,139,883 138,748 138,695 520,060 214,775 Willamette River, Oreg. 545,000 - 214,390 Lewis River, Wash. 15,000 396,000 18,710 29,000 122,000 39,000 43,000 73,000 403,158 30,000 (8) Expended to - - 5,000,000 cowlite River, Wash - tood Mountain Dam, Puyallup River, Wash Ehergency Funds Fiscal Year 1930 (7) Obligated - 220,000 220,000 stilaguanish River, Wesh, available for obligation 31,290 218,000 261,000 107,000 242,000 1,498,041 Pendleton, Oreg. 186,500 (6) Total Funds 0 , Columbia River Basin, oreg Regular Funds (5) - $ $ Matchitoches, LA - - LA Los Angeles County Drainage Area July 1, 1937 730,000 300,000 150,000 315,000 Bayou Pierre, LA santa Ans Rivor, Calif. (Predo Dom) June 30, 1937 Fiscal Year 1938 , Tiptonville-Obion River, Tenn 650,000 50,000 247,000 Available - Columbia, La Balance or allotted to - Homochitto River, Miss 35,000 Allotments (4) 1 Construction Cost ourfale River, Miss Big Black River, Miss River Parish, Appropriated 392 (3) Unexpended $ Project (2) Total , (1) Total Estimated 13,148 21,838 4,075 29,300 6,750 33,640 12,801 20,554 3,610 6,039 1,442 731 124 (4) (4) 241,325 110,459 213,900 77,698 let (4) 70,563 71,916 122,378,258 $53,056,625 $17,908,350 $10,466,851 738,500 264,958 304,000 415,000 1 992,960 $ 899,863 337,147 936,962 509,039 66,758 420,764 5,764 5,757 1,742,458 $ 2,351,686 $ 1,518,523 $ 1,454,642 15,000,000 46,500,788 17,265,615 14,458,521 $201,709,099 $36,692,102 Emergency Relief Appropriation Projects $1,947,449 , 609,226 268,153,021 8,921,943 30,000,000 $10,601,023 $99,608,515 - $ 3,689,850 133,000 - 315,857 33,147 5,764 273,196 : Total E.R.A. Projects , 254,460 521,000 - Hartford, Conn. $1,019,951 805,900 577,500 548,000 - Springfield and West Springfield, Mass. 3 1,758,450 $ Lowell, Mass 600,815 : Baverhill, Mass 493,375 55,647 Mississippi Rivor and Tributaries authorised by Aota of May 15, 1928 and June 15, 1936 GRAND TOTAL (1) Portion of comprehensive project, includi ng the following units: Arkport Dan, Whitney Point Dam Avoca, Liale, oxford, Painted Post, and Hornell. (2) Portion of comprehensive project, consisting of Tionesta and Crooked Creek Reservoirs, and Johnstown Channel improvement. (3) Portion of comprehensi ve project wi a total estimated cost of $70,000,000. (4) Transferred to Department of Agriculture. Appropriations for fiscal year 1938. 997,000,000 $760,849,967 $296,671.25 $59,120,716 $26,360,014 393 Douglas memo to FDR 3/18 SECURITIES AND EXCHANGE COMMISSION WASHINGTON March 18, 1938 OFFICE OF THE CHAIRMAN MEMORANDUM TO: THE PRESIDENT FROM: WILLIAM O. DOUGLAS, CHAIRMAN RE: Flood Control Program The flood control program which you mentioned to me seems to me to be sound from the long term as well as the emergency viewpoint. A Flood Control Authority could be created to issue up to one billion dollars of 50-year amortizable bonds, these bonds to be guaranteed by the federal government as to interest and principal. Such bonds could probably be sold in the present market at around 3% and possibly slightly better. The bonds would run 50 years and would have a straight amortization of 2% per annum. There would be a 2% sinking fund to buy the bonds in the open market if they sold below par or to call the bonds at par if they are selling above par. The beneficiary state would guarantee to provide the annual interest (which we assume to be 3%) and the annual amortiza- tion money (which we assume to be 2%) as well as 3/8% to 1/2% of additional interest for amortization, (this to be an insur- ance premium going into a special reserve against the contingency of some state defaulting, as well as to cover the small expenses of the Authority). Thus, a state, in whose territory flood control expenditures are made to the extent of, say, fifty million dollars will have to pay an annual total of 5%% thereof or $2,750,000 per annum. The bonds should be callable in full or in part, in addition to their call for sinking purposes, if any one state decides to pay up in full or in part the outlays made in its behalf by the federal government. Some states might do this, as they might be able to raise money, on account of the tax exempt feature of their bonds, under proper market conditions cheaper than the federal government. The calling of bonds for such purposes might be either at par or par plus 1%. From the emergency relief angle, I think your suggestion has great merit. Probably as much as 65% of the 394 395 -2- 3/18/38 total expenditures for flood control work goes directly or pretty nearly directly into industrial labor. If schedules are set up with average direct wages along WPA lines to be no higher than $60 and indirect wages (in the industries supplying material, etc.) are assumed to average about $105 per month, it will cost the government about $1,500 per year to give direct or indirect employment to one full time workman. This compares with an average expenditure of about $950 per man year in the average of the WPA projects where the propor- tion of the better paid indirect labor and of non-labor expenditures is smaller. It may be that if the work is so set up that people employed in flood control get from three to four days work a week, it may be possible to give employment for a year to one and one-half part time workmen for an expenditure of $1,500, or to put it the other way around, to employ one man per year at an expense of about $1,000. At the same time, the program would create real national wealth. 21 ORIG TO NMC FOR DIARY 3/28/38 March 18, 1938. 9:50 A. M. Operator: Chairman Douglas. H.M.Jr: Hello. Douglas: Morning Mr. Secretary. H.M.Jr: How are you? Douglas: Fine. Douglas: Ah, Douglas, I got your report on that That's pretty crude. H.M.Jr: What? Douglas: That's a pretty crude H.M.Jr: Ah, well H.M.Jr: job, but it's a, it's a starter. Douglas: H.M.Jr: Douglas: I understand. Well, Oliphant took a look at it last night and he said at first blush it looked pretty good. Yeah - well what I mean by pretty crude is that there - it has to be fixed up and safeguards and what nots put in, running through the thing and I've just been so busy I haven't had a chance to do it myself, and - ah - I thought that 4fah, ah, ah - in your hands it would - ah - your staff would, ah, put a lot of analysis on it and we could polish it up later. I'm hawing one of my boys - ah, ah - go through it for the same H.M.Jr: Douglas: objective. Thank you. Now let me ask you - ah, ah - are you going to let Jones see this - Jesse? Well - I don't know. Now, ah, I was about to, ah I had completed the, ah, the ah, errand, so to speak, that I was running for the boss. H.M.Jr: Yeah. Douglas: He asked me to see you and Marriner and Jesse. 396 397 -2- H.M.Jr: I see. Douglas: H.M.Jr: I have now seen, ah, ah, the three of you and I was just going to report back on that. Now, I didn't, ah - I hesitated to, to send it to Jesse, ah, for the reason that, ah, as I talked to him - this is strictly resistance to it.confidentially I felt considerable I see. Douglas: Ahh H.M.Jr: Yeah. Douglas: Therefore, I didn't think it would be very H.M.Jr: Supposing we do this then. Ah, when we're through, and understand it, and adjusted, let's productive. just S. E. c. and the Treasury get together first. Douglas: All right. H.M.Jr: How would that be? Douglas: That'd be swell. H.M.Jr: See? Douglas: Fine. Douglas: Then we can decide after that - would that be all right. That'd be swell. H.M.Jr: But I didn't want to, ah, talk to anybody inasmuch Douglas: Well now, you can just, ah, you can just cut me H.M.Jr: as it's your work, without first talking to you. I out of it completely because this is, ah - I, was, ah, just reviewing - going over with the President as a part of the Administration, the, the problem that lies ahead of us, and passing on such ideas as, ah, as occurred to me. There's no - nothing in this thing that - ah - officially affects us or should officially affect us at all. -3H.M.Jr: Well, I understand Douglas: It's not my "baby" in that sense. H.M.Jr: Douglas: H.M.Jr: Douglas: Well, but anyway, as long as you feel that way it's, it's - we'11 sit down with you first before we discuss it with anybody else. Well we - I'd be very happy - you just call on me day or night and I - we'll give you all the time and, and, ah, what not that needs to - needs for polishing this thing out. Fine. Now one other thing. Ah, if it would be agreeable to you, I'd like my Mr. Upham to contact, in your shop, whoever is doing the investigation of, ah, Trans-America. Yeah. The man for him to see is, ah, David Schenker. H.M.Jr: Well, would you send him a little note Douglas: I'11 do it. H.M.Jr: that he should open up and let Upham have whatever he could, because Upham is contacting I the Comptroller's office for me. Douglas: Douglas: Yep. H.M.Jr: See? Douglas: Yep. H.M.Jr: And, ah, these cross transactions Douglas: Yeah. H.M.Jr: Douglas: H.M.Jr: Douglas: 398 and if we could get available, ah, what you're doing there, then I'd have the whole picture. Fine, That's U - p - h - a - m? U - P - h - a - m. Yep. 0. K. 399 - H.M.Jr: Douglas: Thank you I'll handle that. H.M.Jr: Thank you. Douglas: Good bye. 4 400 March 18, 1938. 10:27 A. M. H.M.Jr: Hello. Operator: He'll be right on, Mr. Secretary. Cordell Hull: Hello. Hello. H.M.Jr: H. Hello Henry. H.M.Jr: Hello Cordell. H. How are you feeling? H.M.Jr: I'm feeling pretty well. I called H. Are you out of town? H.M.Jr: What? H. Oh, I thought you was out of town. H.M.Jr: No, I'm right here. H. Yeah. H.M.Jr: I called up to extend you my congratulations on your speech. H. H.M.Jr: Oh, thank you. Thank you. I had a pretty hard time but I Well, I'd say you did a, ah, ah, magnificent job. H. I - ah - felt that the time had come for summing up H.M.Jr: Uh. so that there can't be any misunderstanding. H. H.M.Jr: H. Yeah. about where we stand, at least. H.M.Jr: Yeah. Well H. I, I thank you very much, Henry. -2H.M.Jr: 401 And, the other thing which - we're sending back the memorandum that was sent over to us on the Hungarian Debt and simply saying it's, it's all right. Well you ta - uh, I'll - we were trying to feed this out to you for whatever it was worth. H. H.M.Jr: Well this My impression then to let you take it on to the H. President. H.M.Jr: H. Well, whatever way you want, ah That is what was intended. H.M.Jr: I see. H. I told Feis. H.M.Jr: Oh you want us to transmit it to the President? H. Yeah. That's what I told Feis. H.M.Jr: Well, I - he didn't, ah, he didn't, I don't think H. He didn't? H.M.Jr: I don't think so. H. Well, just - you go right ahead with it. H.M.Jr: Because Taylor was under the impression that he he told that to Taylor. was to send it back to the State Department. H.M.Jr: Oh no, we never had any notion of that. I Now - Tayl- -- uh, ah, but, no - that was the way H. Yeah. H.M.Jr: I, I'm more than pleased to do it the way you H. we got it, but I, I, I'm - hello suggest. H. Yes, that's the, that's the logical way; that's been my line of ideas you know, all the time. -3H.M.Jr: H. H.M.Jr: Fine. Well, we'll do it that way. All right, Henry. Goodbye. 402 403 March 18, 1938. 10:30 a.m. RE CEMENT PROGRAM Mr. Haas Present: Mr. Blaisdell Blaisdell: There are two or three things, Mr. Secretary. First, I didn't want you to think that we had forgotten steel completely. And so I sat down the other night and just wrote down what I called the beginnings of a program, and in spite of the fact that this isn't a very clean document I'm going to show it to you, and I want to make just one point strongly. "J.L.L." means John Lewis, of course. (Secretary reads memorandum entitled "Beginnings of a Program for Steel H.M.Jr: Incidentally, as Acting Attorney General Mr. Robert Jackson has written me a most enthusiastic letter supporting me in doing this, see, and it would be the first task a ssigned to Mr. Thurman Arnold, and he'll be here. They're not dumb over there. They realize this is a chance - I mean Robert Jackson realizes this is a chance to win E case. Christ! they haven't won one since they've been here on - I mean on this thing. And with this support, this gives them just a natural, and Bob Jackson is just crazy about it; wrote me E very strong letter. Bleisdell: "ord is not so good from Mr. Hull. H.M.Jr: Well, I didn't Blaisdell: Doesn't make a great deal of difference. H.M.Jr: Doesn't make a - we got enough w eapons. And if we have to get it, I'll go to the President. Incidentally, can't the President - I don't know what you say - reduce the tariff automatically on some of it? Does it have to be a trade agreement? Has: That's the cost thing, which Fox says might give the opposite of what we want, figuring the way they figure H.M.Jr: cost under that statute. It doesn't matter. Haes: It doesn't mean much anyway. 404 -2H.M.Jr: This is what I want. This is good as a start. Blaisdell: It's just a start. H.N.Jr: Well, this is what I want to say. I think the cement thing will be in such shape by Monday that we can go. President I hope to get away, unless something leaves on the 22nd; I hope to go away on the 25th for two weeks. Before I go, I'll have that cement thing well started. I doubt whether the racket boys will nave anything before I leave, but they certainly will by the time I come back. See? This thing - once we And then this thing could get the cement thing be studied, but - I mean you'd have plenty of - in other words, it won't be one of these day and night things we've been doing. After you're through cement, you can take two weeks' work on steel. But before I even talk to Lewis, I want to talk to the President, and I don't want to talk to the President about steel until ne comes back, see? Binisdell: There is just one point in that connection that I want to make, and that is that the railroad business Blaisdell: Well, I'm in on that, and ... is hot. H.M.Jr: And don't worry. phaisdell: I wanted you to have that one thing in your mind as one of your elements, one of your tools possibly. H.M.Jr: That's all right. But he's asked for a report by Jr: Thursday. That report will nave to go down to Warm Springs, and if he does something - we've got lots of time. It's a very good idea, it's a peach of an idea, but - I mean I sat in at both those railroad meetings, and I'm not worried they'11 get the jump on us, because that'sthe most terrible mess I've ever listened to, bar none. It's almost incredible what a mess that is. But that's a very good idea. And the President knows all about steel rails, because he used to ride up to Albany with a vice president but New York Central would give them a private car, to them. they'd always put a vice president on to talk And the President - I don't know - would see these 405 -3- what's a very heavy rail? Blaisdell: 110, 120. on the siding. "What you got those big rails H.M.Jr: for? Why don't you use a 75-pound rail on the siding instead of 110?" And ne finally wangled it out that something like this: that the Steel directors of the New York Central, who are on the New York Central board, sold them 110-pound rails for sidings, whereas, let's say, a 75-pound rail would have done just as well. "Then," he says, "you talk to me about not being able to make things meet." So this would get a very sympathetic response. I've got the advantage - I've been longer with him than anybody else in this town. I came up through Albany. I know what he's interested in, and this would hit him just right, see? He'll love that. But don't forget plaster. So my thought is this. This is fine, but until - I won't be back, unless things crack wide open, until the tenth of April, so you can be working on steel while I'm gone. But I do hope that the boys will have something - I'm not very hopeful - by Monday one thing on a racket that we can say, "All right, that's the thing." Barton has asked to see me. I can't see Barton. I've got too much and I'm too tired. So Barton will have to wait. Now, I'm not worrying about - I'm not worrying about the tariff end of the thing. Blaisdell: Well, that was the second one, so that's clear. Now, the third thing is a matter that Mr. Hinrichs talked to me about yesterday. He is a little bit worried. He is worried that we're going to go on a punitive expedition against cement, and that we are not considering a whole problem of whether we're going to cooperate with industry or whether we're going to punish industry. Now, personally, I'm not very much worried about that. I think as long as we stick to sound lines of policy 406 -4H.M.Jr: Oh, I'm not worried. In the first place, the cement thing went over because - as a matter of fact, the President has been laying for six months to do something about monopolies. Well, when he hears about this - this is a natural for him. And he's been here for five years and we haven't done any monopolies in the manufacturing - nothing. Now, the normal thing is - what we'll do is, we'll simply transfer the authority to Procurement to buy all the cement for the Government. Then they come in with a tie bid. Then we'll have to send for the industry and sit down with them. Now, there is nothing punitive about that. You see, I've been all through this thing again and again with the President. And for your strict personal information, to get the background, the reason I made all those remarks is the Department of Justice has never backed us up, see? They've never backed us up on this question of tie bids, and they sit there and they've been waiting for a grandstand play. But they have never backed us up in what we've done in Procurement. every time we want something - "Oh, it takes too many lawyers," so forth and so on. But this thing fits into the President's whole philosophy on monopoly, and the chances are nine out of ten that the Department of Justice will grab this thing and run with this ball, which is all right. And in the big public works program that we have, we're going to get cement cheaper. Now, I'm not worried, but - I mean this fits into his whole program. And Jackson's been groping and groping to find something to do this thing with, and it's just - I don't know how you feel about NRA, but NRA froze those things and gave them the excuses and from that date down to now, Mr. - what's the lawyer for NRA? - Blaisdell: Richberg. H.M.Jr: Richberg - I mean he's trying to continue that whole thing. Now, everybody in the Treasury is opposed to it, the new crowd in Justice are opposed to it, the President is opposed to that sort of thing - giving these industries a chance to freeze their prices. Huh? 407 -5- Blaisdell: That's the whole thing. H.M.Jr: What? Blaisdell: I sat on the consumer end over there, so H.M.Jr: I mean you work the way I want you to. I want you to point these things out. But looking at the thing in - the answer to Mr. Hinrichs is that, looking at the thing - What's the President's policy? This fits one hundred percent into what the President is trying to drive at. Check? Blaisdell: Check. George and I said the thing we wanted to do was just bring his point of view to you, and we felt that you had already Yes, that's all right. daas: He feels happier that we've told you about it. H.A.Jr: That's all right, but he just - he's got a little piece Blaisdell: of the picture. And I don't want to be personal, but he's talking like Roper's advisory council. You know That's all right, I understand perfectly. Now, this letter just came to me. H.M.Jr: That's all right. Haas: There was one other point, Tom, they mentioned, which I'm sure the Secretary has very well in mind, but just for his information you might tell him about the broader attack. Blaisdell: You go ahead, George. Hass: This is the thing. I'm just repeating. He, Hinrichs, wanted - he said, "It doesn't do any good to go at one commodity; you have to go at a large group.' And I told him that was your original idea and you're working on it, and this is the way you're proceeding on that. And I told him too that Walker had worked out this committee proposition, that you asked me to look up the British thing, you started that whole thing, so I I.M.Jr: was sure you have that well in mind. Well - and I have a man in mind whom I invited to come. Did you ever work with Westerfeld? 408 -6- Blaisdell: Yes, I worked with him in AAA. H.M.Jr: How did you like him? blaisdell: Personally I was very, very fond of him. H.M.Jr: Why do you say "personally"? Blaisdell: Because I have one hesitation on him as a negotiator. AS a technical man in the materials field, he knows the thing from A to Z scientifically. Now, whether he has the bargaining point of view or not, I don't know. H.M. I see. Blaisdell: So on that I just haven't any judgment. Excuse me. (Looks at ticker clippings) Just got another weak spot in the bond market. H.M.Jr: Blaisdell: H.M.Jr: I was just saying, on that I don't have any judgment. As to the bargaining power. Blaisdell: AS to his ability as a bargainer. H.M.Jr: Well, let's put it this way - as to his brain. Binisdell: No question there at all. H.M.Jr: Able? Blaisdell: Very. H.M.Jr: And open-minded? Blaisdell: Very. H.M.Jr: Has he any social sense? blaisdell: Very high. H.M.Jr: Very high. Humanitarian? Plaisdell: Very. H.M.Jr: Huh? 409 -7- Blaisdell: Very. Very. How about as to work with others under great H.M.Jr: pressure? Blaisdell: Pretty good. Pretty good. Does he fly off the handle? H.M.Jr: Blaisdell: Occasionally. Wayne knows him pretty well. Well, Wayne thinks he's swell. H.M.Jr: Blaisdell: And Wayne worked more closely with him than did. H.M.Jr: And Henry Wallace is crazy about him. He's crazy about him. But is he a man of ideals? H.M.Jr: Very high ideals. Highest. And how about his capacity for work? I mean is he Blaisdell: Well, ne is a man 65. H.M.Jr: Just 60. Blaisdell: Just retiring. H.M.Jr: 60. Blaisdell: I think he probably is O.K. I mean is he 60 as far as his attitude towards work Blaisdell: H.M.Jr: is concerned? Blaisdell: I would say he probably works all hours. H.M.Jr: Blaisdell: H.M.Jr: I see. Well, he sounds like The only question you got is whether he's a negotiator. Yes, I just don't know. Well, you can't tell. I say if he worked for Sears he ought to be a pretty good negotiator. 410 -8- Heas: Walker mentioned - said he was a diplomat - been H.M.Jr: Sounds pretty good. Blaisdell: I just don't know, so I withhold any judgment. This just came from Sears, and one of the things that I've been playing with for some months is lumber. And one of the things that I couldn't explain in the whole lumber picture was the rise of prices that took place there in the first half of '37, which was very, very sharp, and I studied all the figures there were and it didn't make any sense at all. Well, I got this after several tries through Mr. Walker. (Hands to Secretary) You didn't see this, George. (After reading paper) In other words, we added to it, H.M.JT: some kind of attache militaire. huh? Binisdell: Apparently. Now, that's his judgment, of course, and as I say, I've been trying to get somebody in the industry who knew the situation, who would have the judgment, and I thought that you'd be interested in seeing that. I.M.Jr: Very. Blaisdell: Now, the last thing that I've got in mind is again a personal question. H.M.Jr: Yes. Blaisdell: Because in one sense I'm in a little of an embarrassing position, the reason being that part of my job over at National Resources is a confidential report every Saturday to the Advisory Committee; that's Ruml, Henry Dennison, Charles Merriam, and Mr. Delano. H.M.Jr: Yes. Bloisdell: And I told them I was doing this kind of work and they said, "That's swell. But then the question is, how much do I say to them about what I'm doing? And so far I've just stalled and told them we're working on prices. H.M.Jr: Could you stall another week? 411 -9- Blaisdell: I think so. H.M.Jr: Until we get week. this to the President Monday. I'd stall another Blaisdell: Sure. H.M.Jr: If there's any trouble, let me know. I'll call Mr. Delano myself. Blaisdell: Well, I just wanted you to know. E.M.Jr: who's Chairman? Blaisdell: Mr. Delano. H.M.Jr: "hy don't I tell Mr. Delano now much I appreciate your services? Blaisdell: H.M.Jr: Blaisdell: Well, that's would that help at this time? Nothing of that sort necessary. It is purely a matter of the confidential nature of the work that I'm doing here, plus the confidential nature of the work that I'm doing there, and trying to keep two confidential things separate. R.M.Jr: I'd stall another week. How big a staff have you Blaisdell: I haven't got any staff. H.M.Jr: who is there besides yourself? got over there? Blaisdell: I mean on my job all I've got is a secretary. H.M.Jr: I see. blaisdell: Of course, Means is working - he's got his staff and his secretary. He's got a small staff. But I've got no staff at all. So that what I do is to try to keep myself informed of what's going on in a dozen different this places, and that's how I happen to know about H.M.Jr: railroad situation. All right. That's a swell idea. 412 -10- Blaisdell: Working on Mr. Delano there. H.M.Jr: Well, if you don't mind, I'd stall one more Saturday, and then maybe by next Saturday you can tell him the whole story, see? Blaisdell: Right. H.M.Jr: Because I hope, if the President likes the idea, to get Westerfeld to take this thing and create this board and set up regional boards, and set up the whole business. Confidential mulet 18,1938 Beginnings of a Program for Steel 413 1. JLL should negotiate his contract on the basis of no increased labor costs in the steel industry but with the maintenance of wage rates. In view of the character of the industry and the modernization of plant now going on this is easily possible. 2. Any loans made to railroads in the course of the railroad program should be used as the basis for bringing down the cost of steel rails. public would 3. The Maritime Commission, the Army and Navy purchases of steel should be used as a basis for similar negotiations. 4. Development of data necessary for action by the Department of Justice in an anti-trust suit. 5. Possibilities of tariff reduction in United Kingdom agreement. 6. The order of procedure would be somewhat as follows: a. White House conference with JLL. Prelin b. White House conference with steel executivos. C. Simultaneous operations under reciprocal trade agreement, railroad loans, government purchases and Department of Justice and/or Federal Trade. 7. Steel has long been convinced that lower prices do not mean more business. This is true as long as purchasers regard the price of steel as going siel no lower. Hence it is desirable that any out made be sharp and sizeable. It is possible to take the approach that a cut in the price of steel at this time would be a patriotic action based on the public price policy instead of a purely private price policy although it probably would result in increasing business for steel manufacturers as a result adequate of more accurate general buying. 414 March 18, 1938. MEMORANDUM: The State Department drafted a proposed Presidential message to the Congress relating to the Hungarian proposal for a new debt arrangement and submitted the same to the Treasury. Messrs. Taylor, Bell and Bernstein went over the proposed message and at a conference with Mr. Livesey of the State Department suggested certain changes, and also prepared a covering letter from the Secretary of the Treasury to the President. Mr. Livesey was to submit the changed message and the proposed letter to the Secretary of State for his approval. Thereafter Mr. Taylor was advised that the changed message and proposed letter would not be submitted to Secretary Hull, but that Mr. Feis would take full responsibility for the same meeting with the approval of the State Department, and Mr. Feis was to give the Treasury a memorandum to that effect. March 18, 1938. 11:46 A. M. H.M.Jr: Hello. Operator: Nathan Straus. H.M.Jr: Hello. Operator: Go ahead. 415 Nathan Straus: Good morning Henry. H.M.Jr: Hello Nathan. I just want to congratulate you on making your first commitment. S. Thanks. It's awfully nice of you. H.M.Jr: I was delighted. S. That's swell. Henry, the boss seemed very much pleased yesterday. H.M.Jr: S. Well that's fine. He said he thought we'd gotten going quickly and he was pleased with the geographical distribution. H.M.Jr: Well that's fine. S. I, I think we're going to get going on it. It ought to run along pretty smoothly; we'll have another bunch soon. And always remember, my boy that I never could have done it if it hadn't been the encouragement and assistance that you gave me in the beginning. H.M.Jr: Well S. Well that's a fact. H.M.Jr: Anyway, ah, I; I'm glad to see it, and all that; right now it all helps, and I, I don't think you could have gotten very much faster than you did. S. I don't either. H.M.Jr: No. S. Unfortunately. -2418 H.M.Jr: No. Well, that's all I had. S. Fine. Remember me here. to your father. I was glad to hear he was down H.M.Jr: Right. S. Right. H.M.Jr: Goodbye Nathan. S. Good luck Henry. March 18, 1938. 1:53 P. M. H.M.Jr: Fandolph Burgess: H.M.Jr: B. H.M.Jr: B. 417 Hello. It's about 1 to 4/32 off. We've bought seventeen and a half million today. Seventeen and a half million? Seventeen and a half, yes. Well, I think considering today, that isn't so bad. No I don't think it's bad. Your partners over there at the Board, ah, want to spend a lot of money. H.M.Jr: B. H.M.Jr: Well I - I only talked to them a few minutes at about five o'clock last night. Yeah. And, ah, when I said I was satisfied, ah, I gathered from the inflection of their voices that they seemed surprised. B. H.M.Jr: B. H.M.Jr: They didn't seem satisfied. They thought it was terrible to show - show prices a quarter of a point off in some things. Well I, I, I'm, I get - I've had so much that when I'm satisfied, I, I, I don't - I haven't got time to argue about it. (Laughs) That's right, yes. I mean I thought you carried out the thought that I had in mind. B. Well I thought I was, yes. H.M.Jr: And when you do that what's the use of picking B. That's right. at you? -2H.M.Jr: Huh? B. That's right. Well, one has to get along with everybody. H.M.Jr: Well what's the trouble over at the Board? B. 418 Oh, they were disappointed that it showed any visualize what's going on over the world. drop last night, but I don't think they quite H.M.Jr: B. I don't either. And how you can hold a market absolutely steady in the face of that, it just doesn't sound reasonable to me, but - never mind, we'll get along with them the best we can. H.M.Jr: No. When I'm not satisfied you know I don't hesitate to say so. B. I hope that's right. (Laughs) I always thought so. H.M.Jr: No. B. Well, then I'm glad you are; we'll try to keep the other fellows satisfied too. H.M.Jr: 0. K. B. Very good. H.M.Jr: All right. B. Goodbye. 419 TREASURY DEPARTMENT INTER OFFICE COMMUNICATION DATE March 19, 1938. TO FROM Secretary Morgenthau Mr. White Attached is a review which you requested of the book "How Sweden Overcame the Depression", by Arthur Montgomery. The review was prepared by Mr. . Adler, of this Division. The review is a brief summary of the author's views. Our own evaluation of what the Swedish Government did to bring about recovery and what we can learn from the Swedish experience is the subject of another memorandum now in preparation. March 18, 1938. 419-A Review of "How Sweden Overcame the Depression", by Arthur Montgomery. Translated from the Swedish by Mr. L. B. Eyre, Published in Stockholm, 1938. This book is a brief study of economic development in Sweden from 1931 to the end of 1936. It begins with & historical survey of the main trends in the economic evolution of Sweden and then proceeds to analyze the process of recovery in the monetary, financial and industrial spheres. It evaluetes the contributions made toward recovery by the Government's monetary policy and by its public works policy. Its conclusions are: 1. The monetary policy adopted by Sweden, i.e., the devaluation of the krona, and its pegging in terms of sterling, was of fundamental importance in Sweden's economic revival. 2. Next to monetary policy the international economic trend and its effects on the revivel and expansion of Sweden's exports was the most important factor. 3. The Swedish Government's unemployment and public works policy was of only secondary importance in this respect. Nevertheless, it did help reduce the pressure of the crisis. 4. The extent and rapidity of recovery was due in a large measure to the favorable competitive industry in the international market. The author is careful not to claim too much credit for Swedish governmental policy and actions. It has been fashionable in many quarters to point to the Swedish Government as a model of monetary and economic wisdom and to attribute the recovery which the Swedish Government experienced to its policy and actions alone, the implication being that we would do well to study, profit by and imitate its example. The book hardly lends support to this fascile advice. S. Adler (Reediary entry 03-26) 3-18-38. 420 dear Mr. Presidents I am enclosing for your consideration a draft of a proposed message from you to the Congress, prepared by the State and Treasury Departments, relating to the Hungarian proposal for a new debt arrangement. The Secretary of State and I recommend that you submit the matter to the Congress in this namer. Faithfully yours, Amergenthang Secretary of the Treasury. The President, I The White House. Inclusion 3/19/38 also att do and memorie of 2-7-38 signed by Pelemyi OFFICIAL COMMUNICATIONS TO 421 THE SECRETARY OF STATE WASHINGTON ty DEPARTMENT OF STATE WASHINGTON O no In reply refer to My dear Mr. Taylor: I have looked over the changes made in the Treasury this morning from the State Department draft of the President's message on the Hungarian debt, which Mr. Hull had initialled. The changes are merely the insertion of the word "original" before"indebtedness at the beginning of the third paragraph and the deletion of a paragraph describing the debt settlements which Hungary is making with other creditors. I am sure that Mr. Hull would not expect me to submit these two changes for his personal consideration and that his approval of the draft may be regarded as sufficient without my bothering him with these details. I have therefore sent you the drafts as rewritten with these changes. - Sincerely yours, The Honorable Wayne 0. Taylor, Herbert tell Herbert Feis, Adviser on International Economic Affairs. Assistant Secretary of the Treasury. 422 TO THE CONGRESS OF THE UNITED STATES: I transmit herewith, for the consideration of the Congress, a communication from the Minister of Hungary on the relief indebtedness of Hungary to the United States, in which the Hungarian Government tentatively formulates for the consideration of the American Government a possible basis for a new debt arrangement between the two countries to replace completely the Debt Agreement of 1994 and accruals thereunder. The indebtedness of the Government of Hungary to the Government of the United States is not a war debt but is properly designated as a relief debt, having been contracted in May, 1920, under the authority of the Act of March 30, 1990, which authorized the United States Grain Corporation, with the approval of the Secretary of the Treasury, to sell or dispose of flour in its possession for cash or on credit at such prices 423 -2- and on such terms or conditions as considered necessary to relieve the populations in the countries of Europe or countries contiguous thereto suffering for the want of food. The American Relief Administration acted as the Fiscal Agent of the United States Grain Corporation in dispensing this relief. The original indebtedness, the principal amount of which was $1,685,835.61, with interest accrued thereon from May 1920 to December 1923, at the rate of four and one-fourth percent per annum, was funded as of the latter date, by agreement made in April 1924, into bonds of Hungary in the aggregate principal amount of $1,939,000, maturing serially in the succeeding years for sixty-two years, bearing three percent for the first ten years and thereafter at the rate of three and one-half percent per annum. In approving this debt settlement, the Congress authorised the Secretary of the Treasury to subordinate the 424 the lion of the bonds taken under 11 to the lien of the Hungarian Reconstruction Loan, which was about to be issued and sold in numerous countries, including the United States. In May 1924 the Secretary, acting upon this authorization, formally subordinated the American Government's lien to the lien of the Reconstruction bond issue. On December 23, 1931, the Hungarian Government pro- claimed a transfer moratorium suspending payment in foreign currencies of all Hungarian foreign obligations, public and private, except the aforesaid Reconstruction Loan of 1924. Payments on the latter loan were subsequently suepended in part. During 1937, the Hungarian Government began liquidating the transfer moratorium by negotiating agreements with the foreign holders of Hungarian obliga- tions for the acceptance of reduced payments in full satisfaction of existing indebtedness. It is in this connection that the Hungarian Government has now come forward of its own initiative in an effort to reach an agreement with 425 of with the United States Government under which the relief indebtedness can also be discharged in full. No readjustment of the terms of payment of the Hungarian indebtedness to the United States can be made except pursuant to Act of Congress. The Hungarian Govern- ment is seeking a definitive readjustment of the terms of payment of this indebtedness on the basis of full payment over a period of years of the total original amount borrowed, without interest. The Hungarian Government calls attention to the similarity between its suggested basis for payment and that accepted by the United States in the Austrian Debt Agreement of May 8, 1930, which provided that a sum very slightly in excess of the original Austrian indebtodness incurred in 1920 should be repaid without interest in forty annuities. The Congress of the United States, after full consideration of the nature of the Austrian indebtednoss, voted by a large majority in the House of Representatives and by a unanimous procedure in the Senate, to authorize the signature of the draft agreement which had 428 -Bo been prepared by the Treasury Department and the repre- sentatives of the Austrian Government. The Hungarian debt is a relief debt like the Austrian one. The Hungarian Minister also suggests that the terms compare favorably with those in several other debt settlements, and that in announcing the signature of the Debt Agreement with Austria in 1930, the Secretary of the Treasury, Mr. Mellon, said: "The settlement compares favorably with the settlements made by the United States with the Governments of Greece, Italy and Yugoslavia. It has of course been the consistent policy of the United States to consider each debt in the light of the circumstances of the debtor government, and it is with this in view that the Hungarian communication is trane- sitted to the Congress. I believe the proposals of the Hungarian Government should receive the most careful consideration of the Congress. They represent a noteworthy wish and effort of 427 of the Hungarian Government to meet its obligations to this Government. Enclosures Aide Memoire on Hungary's relief debt to the United States, February 7, 1938. THE WHITE HOUSE, EA:FL:DJW 2-28 3-18 428 March 18, 1938 My dear Mr. President: Mr. Magill opens the public hearings on the tax bill before the Senate Finance Committee on Monday. He and I are most anxious to have a chance to confer with you before Monday. We will greatly appreciate it 1f you could see us sometime Saturday as Hagill will be on the Hill all day today. Faithfully yours, The President, The White House. 429 March 18, 1938 At 11:45 a.m. Mr. Diggs and Mr. Upham were in Mr. Morgenthau's office. The First Wisconsin National Bank of Milwaukee, prin- cipal unit in the isconsin Bank Shares Corporation had made application to the Comptroller of the Currency for permission to consolidate into the First Wisconsin National Bank another Milwaukee unit of the Wisconsin Bank Shares Corporation, namely, the Badger State Bank and operate it as a branch. In view of the recent occurrences in connection with additional branches for the Central Bank of Oakland, a unit of the Transamerica Corporation, Mr. Diggs and I were agreed that the Secretary should be consulted before this application were granted. It was pointed out to the Secretary that the Badger State Bank had been owned by the Wisconsin Bank Shares Corporation many months, that it is located within the city of Milwaukee and that city-wide branches are permitted by Wisconsin law, and that permission to the First Wisconsin National Bank to operate it as a branch would be moving in a direction away from holding companies and toward branch 430 -2banking. Moreover, it meant the absorption of a state bank by a national bank. Mr. Diggs and Mr. Upham both recommended the granting of the application and Mr. Morgenthau said he saw no objec- tion to it but asked that it be checked with Assistant Secretary Taylor. Mr. Taylor said that he was "enthusiastic" for such action. Upm 431 MEMORANDUM OF THE DAY'S ACTIVITIES March 18, 1938 To: The Secretary From: Mr. Magill Bank holding company bill Senator Herring of Iowa called this morning to ask what is the President's present position regarding the abolition of bank holding companies. He said that he understood that the President had originally wished to abolish such companies; had later approved of the Glass bill to freeze the present situation; and now was returning to his original view. I told him that I had not been in touch with the bank holding company situation. He asked me to find out what I could in the Treasury and let him know. After a talk with Mr. Taylor, I told the Senator that all I knew was the President had the subject under advisement at the present time, but I did not know his attitude. Processing taxes Mr. Doughton called to inquire whether the Treasury was recommending the processing taxes which he understood Senator Pope was formu- lating. I told him that Senator Pope had asked us to furnish some administrative information and that we had done so; but that we had not been asked to make any recommendations with respect to processing taxes. I told him that I understood that Senator Pope was actively working on such legislation. Mr. Doughton inquired whether we had heard anything further from the President regarding the tax bill, and I told him that I had not had any conference with him since the House passed the bill. , Liquor taxes Mr. Fred Lee, representing the Distillers Institute, called on the me to present information in opposition to the proposed increase in tax on distilled spirits and to inquire what the Treasury's position would be with respect to it. I told him that I had not yet formulated any recommendation on the subject. Lee said that his people thought that the increase in tax would not produce as much additional revenue even as the Treasury estimated, since liquor revenues are already liquor falling off and the increase in tax would necessarily result in higher prices. He said the increase in tax would also mean an additional in investment of about $7 millions in inventories of liquore the process distillers of movement from the distillers to the consumer; and that bankers. would be hard put to it to obtain this amount from their -- 432 Do you want me to take any formal position on the subject; or shall I say that it is simply up to the Committee to decide what excise taxes shall be imposed and at what rates? Rm 433 March 18, 1938 HM,Jr suggested to White and Lochhead today that they begin to think about our stopping all de- sterilization. 434 March 18, 1938. 4:35 P. M. H.M.Jr: Hello. Operator: H.M.Jr: Mr. Walker at Chicago. 0. K. Operator: Go ahead. H.M.Jr: Hello. Hello Mr. Walker. L. R. Walker: Hello Henry. H.M.Jr: Walker? W. Yes. H.M.Jr: This is Morgenthau. Yes. Listen Henry, say, General Woods spoke to me this morning about your request on cement a man to talk to you about cement. W. H.M.Jr: W. H.M.Jr: W. H.M.Jr: W. H.M.Jr: That's right. And, ah, I know just exactly the man that I think you'd like to talk to. Good. His name is, ah, McQueen. M - c - Q - u - double e - n. Just a minute. M - c Q - u - double e - n. Q-u-e-e- - n. Yeah, McQueen. Yes. W. Yeah, McQueen, he lives in Pittsburgh. H.M.Jr: Pittsburgh. W. Now if you would care to, I'd be glad to call him up and explain the situation to him before you see him. -2- 435 435 H.M.Jr: All right. What's his business? W. Why, he has been the, ah, head of the National Building Materials Association for a number of years. H.M.Jr: Yeah. W. And that has now been dissolved H.M.Jr: Yeah. and he's the counselor for the large cement W. H.M.Jr: distributor of the country. Distributor? W. Yes. H.M.Jr: W. Now that wouldn't be in conflict with the, with the, with the, with the mills, would it? Well, of course, he, he - having been in that business for years he, he understands both manufacturer and, and distribution, you see. H.M.Jr: But I mean would he - would it be to his interest W. Oh yes. H.M.Jr: It would be? W. Oh yes. H.M.Jr: W. to break the, ah, the monopoly? It would be. And it's also to his interest to - he knows - you see, there's quite a duplication of costs in distribution. H.M.Jr: Yeah. W. And if they had their own way and would do their own distributing and, and - in the cement industry H.M.Jr: Yeah. -3 - 436 438 Being cement manufacturers theyacknowledge W. there's a twenty-five cent a barrel cost. See? H.M.Jr: I see. A necessary cost, and he, he, he, he knows those figures; he can give you a very complete picture W. of the thing. H.M.Jr: Well see if you can get him to come here Tuesday. W. Tuesday? H.M.Jr: Yeah. W. All right, I will. H.M.Jr: W. Will you send me a wire? Yes sir. H.M.Jr: How's your business? W. Oh, things are coming along very nicely, I reckon. H.M.Jr: W. Colonel Woods says your department's the only one that's showing a gain. (Laughs) Well, not quite that, but we - we're very fortunate. All right, sir, I, I'll send you a wire. H.M.Jr: Thank you, thank you. W. You bet. 437 GRAY JR Berlin Dated March 18, 1938 REC'd 9 a.m. Secretary of State, Washington. 133, March 18, 11 a.m. The following measures with respect to Austria were enacted in laws signed yesterday which go into force immediately. One. The Reichsmark is made legal tender in Austria beside the schilling at the rate of one mark Equal 1.5 schillings. Two. Reich Minister of Economics is authorized to amend all existing payment restrictions between Germany and Austria or to cancel them wholly or partially. Three. Reich Minister of Finance is authorized to declare partially or entirely duty free goods of Austrian origin. Four. The management of the Austrian National Bank is given over to the Reichsbank and the National Bank will be liquidated by the latter for the account of the Reich. The entire personnel of the Austrian National Bank is likewise taken OVER, Five. / 438 -2- #133, March 18, 11 a.m., from Berlin. Five. The German railroads take over the Austrian Federal Railroads both as to capital and operation. WILSON TEG:RR 439 COPY Paris March 18, 1938. Rec'd 9:05 a.m. Secretary of State Washington. 427, March 18, 9 a.m. The Government last night received a vote of confidence 369 against 196 on the demand that interpellations on foreign policy be postponed until next Tuesday and that other interpellations be postponed until a later date. WILSON. FEDERAL RESERVE BANK OF NEW YORK DATE OFFICE CORRESPONDENCE CONFIDENTIAL FILES L. W. Knoke March 18, 1936. 440 SUBJECT TELEPHONE CONVERSATION WITH BANK OF ENGLAND. Mr. Bolton called me at 1 o'clock. They had had a very bad day today, the further complication in the Polish and Lithuanian situation causing an enormous demand for dollars. They had supportedthe market on the way down to about 4.95 1/4 where it stood at the time of closing. They had sold $14,000,000 today for their own account and, in addition, they had given the Belgians, who were "in a pretty bad way as well, another $5,000,000. That put him right over our 700,000 ounce order and left him short at the moment of 7 or 8 million dollars. He wondered, he said, if we could help.him out and give him something to work on tomorrow. I promised that I would get busy right away. Making it amply clear that I was thinking out loud and anxious to clear my own mind in the matter, I asked Bolton what he thought would happen if Washington, in renewing the order, lowered the price to, say 34.76 or 34.75, for instance. Did he feel that that step would be advisable if the demand for gold increased fur- ther and further? Bolton replied in that case the depreciation of sterling would probably proceed with greater speed which, in turn, would add to the state of uncertainty. Since wewere in the midst of an emergency, greater uncertainty did not seem desirable. From a technical viewpoint, a change in the gold price of 34.77, up or down, would make management of the London gold market more difficult as they would then have to contend with three uncertain factors; the sterling- dollar rate, the gold price in terms of sterling and the gold price in terms of the dollar. The price of $4.77 had, as a result of FEDERAL RESERVE BANK OF NEW YORK DATE March 18, 1938. OFFICE CORRESPONDENCE SUBJECT: TELEPHONE CONVERSATION CONFIDENTIAL FILES L. W. Knoke 4 -2- WITH BANK OF ENGLAND. experience, by now acquired the reputation of being the export point and arbitrageurs were automatically guided by it. The present prac- tice for the British monetary authorities, when fixing the London gold price every morning, was to calculate the equivalent of 34.77 at the then current sterling rate and, after fixing, the gold price would move in complete relation to the dollar-sterling rate. If Washington changed the 84.77 price, the fixing in London would here- after have to be based on such changed price. This might well lead to more pronounced sharp fluctuations which would probably disturb the market even more than it is disturbed now. If a change in Washington's price were the result of changes in the freight rate or the insurance cost, everybody would, of course, understand that and accept the change without comment. But a mysterious, unexpected change in the gold price, not connected with higher or lower freight or insurance rates, would cause comment and more uncertainty. I asked whether hoarding of gold was still in evidence and Bolton was quite emphatic in his insistence that it was. They had sold £500,000, today for instance, to the market at prices much too high to make profitable shipment to New York possible. I inquired as to the total now hoarded in London and he thought 120 to 130 million pounds were a fair figure. With reference to the internal situation in France, Bolton said things 01 were CAM pretty steady. Although the political parties had not as TH3MTRA936 yet come to an agreement, he understood that everybody in Paris felt certain that such an agreement was bound to come sooner or later. LWK:KMC COPY 442 Vienna Dated March 18, 1938 Rec' d 1;50 p.m. Secretary of State, Washington. 114, March 18, 5 p.m. FOR COMMERCE FROM COMMERCIAL ATTACHE. "24. Reichsbank absorbed Austrian National Bank March 17, Austrian Bank in liquidation assets including $46,000,000 gold $34,000,000 foreign exchange taken by Reichabank. Effective March 17 exchange rate fixed one mark equals 1.50 schillings. German Minister of Finance authorized admit goods Austrian origin into Germany entirely or partly duty free, eliminate or reduce present restrictions, financial transfers between the two countries. Austrian Federal Railways absorbed by German Railways March 18. Complete absorption Austria proceed- ing at a rapid rate." WILEY 443 PLAIN MB London Dated March 18, 1938 Rec'd 3:05 p.m. Secretary of State, Washington. RUSIL. 229, March 18, 7 p.m. FOR TREASURY FROM BUTTERFORTH. Sterling was decidedly offered today particularly against the dollar. There was an incessant demand for dollars. This flight into the dollar has EVERY appearance of becoming a formidable movement since it is due both to fear of war in Europe and to C. growing appreciation of the potential Economic and financial difficulties which face England. There are not a few in the city who today are predicting that the rate willgo to say 4.80 in the not distant future. The franc moved from 1601 with hardly any dealings to 163. Following a report that Blum would resign OVER the WEEK End it strengthened and most dealings took place one-half Either side 161. The trend in British security markets was mixed due to the Polish-Lithuanian news and the fact that today Ends 444 2- No. 229, March 18, from London. Ends on account. With reference to the second paragraph of my 200, March 10, 7 p.m. and the third paragraph of my 178, March 3, 6 p.m. it is noteworthy that the Expansion continues. This WEEK'S Bank of England return shows bankero deposits higher by 4,766,000 pounds at the un- usucl figure of 119,046,000 pounds, this despite a drop of almost 4,000,000 pounds in the other securities item of the benk return. The cause of the substantial growth in the market resources WC.S an addition of almost 7,000,000 pounds in Government securities which at 112,206,164 pounds are at their highest level for many WEEKS. The total of bankers' deposits is more than 25,000,000 pounds in EXCESS of its level of C year ago; moreover despite a drop of 11.7 million in public deposits the total d eposit liabilities of the bank which are the real basis of credit are nearly 12,000,000 pounds above their figure of C. year ago at 165.3 million. KENNEDY SMS: 445 PARAPHRASE OF TELEGRAM RECEIVED FROM: American Embassy, Paris, France DATE: March 18, 1938, 4 p.m. NO.: 431 STRICTLY CONFIDENTIAL. This morning I had a talk with Bonnet. Bonnet summarized the political situation as given below: A National Union Government is wanted by 90% of the Parliament and of the country; however to form one serious difficulties will have to be overcome. There is first the unalterable opposition on the part of the Moderates and the Right to having a Union Government headed by Blum. Blum, they feel, has been the leader of the Popular Front which is now defunct, and he has been too closely asso- ciated with the extreme Leftists. He is also responsible for the extreme measures of social legislation which have resulted in French economic and financial deterioration. Likewise, Blum is too susceptible to extreme influences in policy on foreign affairs. In addition Blum is Jewish, and anti-Semitic feeling is growing in France without a doubt - a number of impartial sources have confirmed this. The Moderates are in the difficult position of not being able to state publicly that they are opposed to Blum himself. Thus when they declined last week and again yesterday to accept the offer which Blum made for a National Union based Government, their refusal to in take this offer has been 446 (446) -2based on the ground that Blum had insisted that the Communists be included in such a Government. As for Communist participation, Bonnet told me that this was a difficult problem in itself. If a Communist Minister such as Cachin were to be included in a National Union Government, the Moderates state they would have no objection. They are afraid, on the other hand, that the Russian tieup of the Communists in France would exert a strong pull toward dangerous foreign policies on the part of any Government in which they were included. They are especially fearful lest the British would be alarmed by the inclusion of the Communists, and thus the close relation between the French and the British might be weakened. Not only did the last Moscow trial publicly reveal again the foul condition of Russia, but,Bonnet said, information had come to him that Vorochiloff himself might be included in the next group of Soviet military leaders to go on trial. Should this be true, it would be impossible to include the Communists in the Union Government. Bonnet said that despite these difficulties it would be absolutely necessary to form a National Union Government shortly; he made reference to international dangers, and stated also that the financial state of France is such that the/Government present will have to resign in a few days,opinion. in his 447 -3opinion. Ten days ago, he said, Chautemps had staked his Government's existence upon getting full powers from Parliament 80 that the Government could successfully float an urgently needed national defense loan. Nothing has been done about the financial situation since that time, and matters had been allowed to drift into their present state. Since January the Government had been continuing on reserves which were built up when he, Bonnet, had been Finance Minister; at that time he had said that the Treasury had sufficient funds to meet obligations during the first three months of 1938, which term is now drawing to a close and the Treasury will be without funds or is already in that condition. During the conversation I asked Bonnet for his opinion as to who would head the Government of National Union. Most people, he said, were thinking of Herriot but because of Herriot's relationship with the Communists he would endounter serious difficulty. There were better prospects for Daladier, Bonnet believed. When I asked Bonnet whether he himself might not be asked to form such a Government he said it was not impossible that this would happen. He believed that he would be able to form such a Government at once if he were asked to do 80. He believed that since his failure to form a Government two months ago there had been a change in the situation. The Socialists had -- 448 had been hostile to him then because he had taken a strong position against increased expenditures by the Government when he was Finance Minister. Bonnet said he thought he could depend on the support of the majority of the Social- ists now, as well as the support of his own party, the Radical Socialists, and the support of the Moderates. I have spoken to others about Bonnet's chances, and they do not seem to be as optimistic as it seems Bonnet is. I asked Bonnet for his own opinion whether France would come to the aid of Czechoslovakia if the Germans attacked that country. In answer he said that France would certainly do so if Great Britain promised to support alonehe felt it would France; if they did not give such promise, be suicidal for the French to start in/on a war with the Germans and Italians with merely the hope that some aeroplanes would be sent by the Russians. France had to face the facts, he said. France would find enemies on three frontiers in such a war, he said, and to attack the German counterpart of the Maginot line would be all the French could do to help Czechoslovakia. Bonnet said again that if the British did not promise to help France, France could not help Czechoslovakia; this was his personal and confidential belief. He would have to state the opposite publicly 443 -5publicly just as the opposite has been stated by those now in office. In his opinion most of them agreed with his conviction that under present circumstances a prudent policy for France is the only conceivable policy to follow. In Bonnet's opinion there was not much danger that the French Government would intervene in Spain, which would be a dangerous adventure. The war in Spain is rapidly coming to an end, and even if the present Government wanted to send enough men and munitions to save the Spanish Government, there is not enough time left to do so. END OF MESSAGE. WILSON. EA:LWW 45 PARTIAL PARAPHRASE OF TELEGRAM RECEIVED FROM: American Embassy, Paris, France DATE: March 18, 1938, 5 p.m. NO.: 432 FROM COCHRAN. Although Blum Government won formal vote last night market does not expect it to survive the first Senate debate on a financial question even if it lasts until such time. Consequently operators today were not inclined to sell france and forward rate improved. This morning the French control sold a little sterling but by 5 p.m. this evening had bought most of it back. The contact with whom I spoke expects no week-end financial or monetary developments in this country. Next Thursday's statement by the Bank of France (omission) further Treasury withdrawals of 1,600,000,000 francs. WILSON. EA:LWW 451 GRAY JR Amsterdam (part air) Dated March 19, 1938 Rec'd 6 a.m., 21st. Secretary of State, Washington. March 19, 1 p.m. Department' instruction of February 23, 1938, regarding control of figurehead money. Reliably informed no agreement Exists. Control EXERCISED by (one) unusually low interest rates and international position Amsterdom which facilitates purchasing of foreign Exchange thus depressing relative florin value, and (two) reported USE if necessary by the central bank of the Equalization fund. Central European situation is not viewed with anxiety as to influx of foreign money at the moment. Report by mail follows. LEE RR 04/10/18 452 GRAY FS London Dated March 19, 1938 Rec'd 8:40 a.m. Secretary of State, Washington. 230, March 19, noon. FOR TREASURY FROM BUTTERWORTH. The dollar opened at 4.95 1/6 but immediately after gold fixing and upon receipt of a Reuter report indicating Lithuanian-Polish dispute would be peacefully settled, strengthened to 4.95 It later weakened somewhat when validity of this report was brought into question but on balance the pressure on the dollar has been negligible today. Likewise, although gold was up at fixing to 149 shillings 51/2 pence, it later came on offer at below fixing prices. The franc movements were without significance and the volume of dealings not large. KENNEDY RR:CSB 453 PARTIAL PARAPHRASE OF TELEGRAM RECEIVED FROM: American Embassy, Paris, France DATE: March 19, 1938, noon NO.: 451 436 FROM COCHRAN With Paris banks closed and with French parliamentary debate on foreign affairs scheduled for Tuesday now can- celed, franc was slightly weaker in London but trading was dull. This morning up to half-past eleven, on the London market there had been no intervention by French control. This morning Pennachio of the Bank of Italy returned after having been in Rome for a week. His people he told me had "swallowed hard" after the affair in Austria. They had logically taken the result as having been inevitable. There had been an immediate warming in the Italian attitude towards Great Britain. The Anglo-Italian paying and trade agreements negotiated by d'Agostini and signed yes- terday are satisfactory to the Italians. Trade will be increased and commercial credits eased thereby, in their opinion. At the present time a French delegation of commercial and clearing experts is in Rome for somewhat similar negotiations. My friend says they have made an aggressive approach which has been repulsed by the Italians, and con- sequently Franco-Italian relations have not 80 far been improved. I had a visit from Kano, the Japanese director of the 454 -2the BIS and London manager of the Yokohama Specie Bank. Kano said he believes that the United States will begin experiencing a boom in certain raw materials and commodities such as was witnessed from 1914 to 1917, the War years. WILSON. 455 m March 19. 1938 to Secy R. 14/30/10 MYMORANDUM FOR THE PRESIDENT: pee aneward Attached herete are the three separate amoranda which you PO- questeds (1) A proposed meesage on tax examptions (2) a wief dis- cussion of the basic principles of the undistributed profite tax and the tax on capital gains as embodied in the House bill; and (3) a brief commentary on the need for a special undistributed profite tax on closely hold corporations. Note: Regarding the three attachments, at the White House conference 3/19/38 A. M. - the President told Mr. Magill he would appreciate receiving copies of each. On same day, 2:30 P.M., Mr. Magill carried to the White House (with the above covering memo) an original of each. (without attach withing March 4, 1936 To: The Secretary From: Mr. Magill Attached is a draft of a massage regarding the pending tax bill. The draft was prepared by Mr. Gaston on the basis of morania submitted by Messre. Shoup, Tarloau, Uphasa and Zacker. The present draft has been checked only by Mr. Gaston and myself. I should like to submit it to Mesers. and Uphan if time permits. Attachment. requiredly submitted to Security 3/7/08 with this attachment. (Run took white to House) RM/mr1 457 Discussion basic principles the u.d.p.tax and the cap. gains tax as embodied in the House bill (1H39682) 3/4438 The revenue bill submitted by the Committee on Ways and Means on March 2 is another notable step in the improvement of the Federal tax system. The important principles of tax justice that were made a part of the system by the Revenue Ast of 1936 are here refined in the light of the experience under that Ast. At the same time, the tax strutter is in several places simplified, and some of the undesigable emiss taxes are repealed. Careful study of the economic effects of the tax system has made it possible to lesson the dampening effect on business enterprise that must always, to some degree, attach to any tax system. Individual tax rates have not been increased, nor has the total tax burden on corporate enterprice been made beavier. All this has been achieved without materially decreasing the revenue that would otherwise be obtained under existing conditions. Obviously, the resulting program not only is a technical achievement of a high order, but also expresses a farsighted policy based on fundamental seache of taxation. The next important changes proposed by the bill are in the taxes on corporations and the tax on capital gains. The Revenue Ast of 1936 introduced a new principle in the taxtion of corporate in- come in the form of a surtax on that portion of the net profite of a corporation which was not currently distributed in dividends to stockhelders. The purpose of this tax was to correct an inequity in our tax system which constituted a very serious loophole of escape from (her Shoup prepared) -8- 458 the surtame on individual income which are based on the principle of capacity to pay. The principle of the undistributed profits tax has been the subject of so much misrepresentation that it is appropriate here to state consisely the real question at issue. That question is this: To what extent shall corporate earnings be allowed to escape the in- dividual surtax rates that apply to all other forms of income -- to partnership and proprietership profits, to interest from bonds, to salaries, mages, and foost Sheltered behind the corporate well, the corporation prefite may accumulate, free of individual surtax. Sometimes they are ultimately brought to account, when they are finally declared out as dividends or when the stockholder, selling his shares, obtains a capital gain - but menwhile the Government has had to obtain money from other sources instead. Sometimes these corporation profits essays entirely, as when the stockholder keeps his shares until his death. The estate tax is no answer to this problem, for the estate tax applies also to the savings from salaries, individual busimasses, and other income. The capital stock and excess profits taxes are no answer, for they do not distinguish between income that is retained and income that is paid out. We are driven back to the income tax and must find there a way to components for this tax-postponsment or tax-essays privilege inherent in the corporate form. IS is not a question of discouraging or encouraging business as such - is is simply a question of eliminating an unfair tax -3. differential that favors corporate profits over other income. When corporate profits do not pay their fair share, the missing amounts must be made - by added taxes - other sources. *Helier" to one taxpayer spelle "burden" to another. "Ensouraging" corporate business means "discouraging" unincorporated business and other forms of income. Traning a tax system is a process of weighing the advantages in one place against the disabvaltages in another. It will not & to FUN away from the problem by simply demanding onconsegement, relief, and oven total essage at some one point and letting the a rest there. The corporate form does not, however, ast, as a shield against the personal surtex if the corporation is small and the stockholder's income from other sources is small. Consequently there is logis in the Committee . refinement whereby small corporations - those with income under 825,000 - are excepted from any form of the undistributed profits tax. These corporations will be able, under this bill, to retain all or a substantial part of their earnings and pay less tax than under the existing law. Mareover, is is never acvicable to push so far in outting off tax escape as to create an unite number of hardship cases. Some such cases will always be found under any tax law, but in its bill the Committee has emply eared for practically all these instances by mining the burden widesyread and light rather than by passing on added process and then attempting to eliminate hardships by a long 459 - 4 series of complicated exceptions. Even so, the Committee has added some notable relief features. For corporations having more than $25,000 incoue and subject to taxation under the general rule in the bill, not only are hardship cases minimized, but any complaints that might otherwise attach to the economic repressussions of the undistributed profits tax are deprived of force. A few hundred closely-held corporations with more than $75,000 not income are subject to somewhat more pressure, but here a number of provisions relieve the pressure in the partion- larly difficult cases. The bill as reported by the Committee on Ways and Means thus accords with the experience of the Treasury Department in the oper- ation of the existing law. It was discovered that two types of corperations generally have found it expedient to retain and not to distribute a large portion of their not earnings. One type is the closely held corporation whose few stockholders find a tax saving in causing the corporation to retain a large part or all of its profits, subjecting itself to a high surtax, which noverth&less is materially less than the controlling stockholders would have to pay on the - income distributed to them as individuals. The other and more measous type is the small corporationwatch balances the cost and difficulty of getting now capital from the outside against the undistributed profits surtax and finds 10 as - to pay the tax. This points, is seems to no, to a defect in our anchinery for providing capital to relatively small thought profitable business. 460 -5- 461 Other than tax remedies should certainly be sought, but tax relief can, and I think should, be applied. It is clear to - that considerations of tax equity justify the complete examption of the mall corporations from the application of any undistributed prefits tax. It is equally clear to - that the principle should be retained as to larger corporations generally and that a special rule should apply to those large corporations whose stock is closely held, permitting the few principal stockholders to direct dividend policy so as to accomplish reduction of their individual income tame. Such a provision of law is an absolute requi- site if we are to apply with reasonable fairness the principle of taxation according to capacity to pay, which is an integral part of our system. The taxation of capital gains has, like the undistributed profits tax, suffered in public discussion by a tendency for the dispatents to take an all-er-nom stand. The severest crities would have us believe that no substantial relief is possible short of outright repeal or outting capital gains loose from the personal income tax structure and subjecting them to a low, flat rate. Actually, the treatment of capital gains and lesses is a very complex problem in inconclusive texation that must be emained in detail and discussed in detail. Time the Committee bill gives abbotantial relief to the taxpayer and increases the liquidity of the capital market by a series of change that (1) affect the breakets governing the amount of gain or less to - 6. be taken into account, (2) fix a maximum Sex rate applicable to the gains after they have been reduced by the breaket percentages, (3) allow a carry-over of lesses of one year to reduce gains of a subsequent year, (4) improve the definition of a capital asset. The caseful thought that such refinements reflect, compared with the casualness of the other suggestions noted above, is evident, We may be some distance yet from the one best treatment of capital gains and lessee, but whatever it may prove to be, it will scareely be as simple as those other suggestions would load us to believe. We may sumarise the discussion of the undistributed profits tax principle and of capital gains and losses by asking what would happen if the former principle were entirely abandoned and the gains were exempted, or taxed at a low flat rate. The answer is obvious. Everyone would be given a powerful indusement to make his income come to him in the form of capital gains rather than in other forms. One may would be to invest in the kind of corporations that would pay out little or nothing in cash dividends. The stockholder could then realise this accumulated inconclusive at such times as he chose by selling for a capital gain, or by indusing the corporation to distribute earnings is the form of non-taxable dividends in stock. with no undistributed profits tax to counterest a withholding tendency that would be strengthened by the favoritism shown to capital gains, the Government would be faced with a serious loss is revenue and with the bister complaints of these taxpayers who did 462 -7- 463 not have the opportunities to transmitte their increase into the capital-gaine form. It is simply impossible to see how such a tax system could be justified on the basis of equity. Furthermore, the unfair ensouragement that would be given to hasardous and some- time rockless speculation compared with sober eash-dividends and interest-paying investment is an economic consequence of great isportance. I trust that the Senate will bear these considerations in mind in its deliverations on the pending revenue bill. The problem is one of a fair distribution of the tax burden in the public interest. The productivity of the tax structure must be preserved. Relief ean not be afforded to one class of taxpayers without burden- ing another class, and if the relief is not equitable an inequitable burden is imposed. Our whole revenue structure will be imperilled if - permit gress exceptions to the principle of capacity to pay. Gross exceptions will be created if the principle of the undistributed profite tax is abamioned or a too lonient system of taxation of in- - from capital gaine is adopted. 3/11/38 The undistributed profite tax imposed on closely held corporations by Title 13 of the bill submitted w the Ways and Means Committee has been orrenously called a "punitive" tax. Actually, " is the direct opposite of such a tax. It is a tax on a special privilege enjoyed only by well-to-do taxpayers who have investments in closely- held corporations. The privilege is one of escaping immediate tax tion at the rate that applies to income from other sources, such as salaries, profite of miscorporated concerns, interest, and rents. For example, If a taspayer with a surtax not income of $100,000 also has a share in the year's earnings of a closely-held corporation, and this share amounts to $10,000, he saves $6,200 is personal income tax for the year If none of that $10,000 is paid out in dividends. This 10 a 62 percent saving. what did the Committee Bill ask his cor- poration to pay under Title 18 in return for this saving Not more than 20 percent of a part of that $10,000. Indeed, if the corporation happens to have a total not income of less than about $75,000. our hypothetical taxpayer is not asked to pay anything. directly OF in- directly. under Title 13, for his tax saving. The 20 percent rate is thus a decidedly moderate price for that taxpayer to most. It was made moderate, in view of the normal tax ranging from 16 to 20 percent, which the corporation has to pay. If the hypothetical taxpayer has other income, not of $100,000. but $50,000, his tax saving because of failure to declare dividends is still exbstantial - $3,660, or about 37 percent. Finally. 11 must be reseated that If at these or lower levels the taxpayer feels the Note: prepared by Mr. Shoup. Mrs.Lucas gave the original to the Secretary at noon, March 11,1938 (ree took t white Hoursel 464 -2price for the privilege is too great, he can always forego the privilage w having Me corporation declare taxable dividends. This divided many. loss the tax paid, can w agreement be put back into the corporation at ease If 18 is needed for expension. Other factore enter the problem. the withheld earnings my be paid out is future years and taxed then. They may also be realised in the form of capital gains when the taxpayer selle his stock. But even with such qualifications, the privilege of avoiding personal our taxes on current earnings is a valuable one, for which the reasonable price imposed w Title 13 - well be asked. To call this price for a privilege a "penalty" is completely to misunderstand the situation. 465 468 March 19. 1938 MEMORANDUM FOR THE PRESIDENT: Attached herete are the three separate amoranda which you requesteds (1) A proposed message on tax exemptions; (2) a brief dis- cussion of the busic principles of the undistributed profite tax and the tax on capital gains as embodied in the House bill; and (3) a brief commentary on the need for a special undistributed profite tax on closely hold corporations. RM: 00 467 The undistributed profite tax imposed on closely held corporations by Title 13 of the bill submitted by the Ways and Means Committee has been erroneously called a "punitive" tax. Actually, 11 is the direct opposite of such a tax. It is a tax on a special privilege enjoyed only by well-to-do taxpayers who have investments in closely- held corporations. The privilege is one of escaping immediate taxation at the rate that applies to income from other sources, such as salaries, profite of unincorporated concerns, interest, and reats. For example, if a taxpayer with a surtax not income of $100,000 also has a share in the year's earnings of a closely-held corporation, and this share amounts to $10,000, he saves $6,200 in personal income tax for the year if none of that $10,000 is paid out in dividends. This is a 62 percent saving. What did the Committee Bill ask his cor- peration to pay under Title 13 in return for this saving! Not more than 20 percent of a part of that $10,000. Indeed, if the corporation happene to have a total not income of less than about $75,000. our hypothetical taxpayer is not asked to pay anything, directly OF in- directly. under Title 13, for his tax saving. The 20 percent rate is thus a decidedly moderate price for that taxpayer to meet. It was sade moderate, is view of the normal tax ranging from 16 to 20 percent, which the corporation has to pay. If the hypothetical taxpayer has other income, not of $100,000, but $50,000, his tax saving because of failure to declare dividends is still substantial - $3.660. or about 37 percent. Finally, ss must be remembered that if at these or lower levels the taxpayer feels the -2price for the privilege is tee great, he can always forego the privilage wby having his corporation doclare taxable dividends. This divided money, less the tax paid, can by agreement be put back into the corporation as ence if 11 is needed for expansion. Other factors enter the problem. The withheld earnings may be paid out in future years and taxed then. They may also be realised is the form of capital gains when the taxpayer sells his stock. But even with such qualifications, the privilege of avoiding personal ourtaxes on current earnings is a valuable one. for which the reasonable price imposed by Title 13 may well be asked. To call this price for a privilege a "penalty" is completely to misunderstand the situation. 468 469 The revenue bill submitted by the Committee on Ways and Means on March 2 is another notable step in the improvement of the Federal tax system. The important principles of tax justice that were made a part of the system by the Revenue Act of 1936 are here refined in the light of the experience under that Ast. At the same tim, the tax strustro is in several places simplified, and some of the undesigable exise taxes are repealed. Careful study of the economic effects of the tax system has made it possible to lesson the damponing effect on business enterprise that must always, to some degree, attach to any tax system. Individual tax rates have not been increased, nor has the total tax burden on corporate enterprise been made heavier. All this has been achieved without materially decreasing the revenue that would otherwise be obtained under existing conditions. Obviously, the resulting program not only is a technical achievement of a high order, but also expresses a farsighted policy based on fundamental samons of taxation. The meet important changes proposed by the bill are in the taxes on corporations and the tax on capital gains. The Revenue Ast of 1936 introduced a new principle in the taxation of corporate in- come in the form of a surtex on that portion of the net profits of a corporation which was not currently distributed is dividends to stock- holders. The purpose of this tax was to correct as inequity is our tax system which constituted a very serious loophele of essays from 470 -2the surtame on individual income which are based on the principle of capacity to pay. The principle of the undistributed profite tax has been the subject of se much misrepresentation that it is appropriate here to state consisely the real question at issue. That question is this: To what extent shall corporate earnings be allowed to escape the in- dividual surtax rates that apply to all other forms of income -- to partnership and proprietorship profits, to interest from bonds, to salaries, wages, and foost Sheltered behind the corporate veil, the corporation profits may accumulate, free of individual surtax. Sometimes they are ultimately brought to account, when they are finally declared out as dividends or when the stockholder, selling his shares, obtains a capital gain - but menwhile the Government has had to obtain money from other sources instead. Southers these corporation profite essays entirely, as when the stockholder keeps his shares until his death. The estate tax is no answer to this problem, for the estate tax applies also to the savings from salaries, individual businesses, and other incomes. The capital stock and excess profits taxes are no answer, for they do not distinguish between income that is retained and income that is paid out. We are driven back to the income tax and must find there a way to components for this tax-postponement or tax-essage privilege inherent in the corporate form. IS is not a question of discouraging or encouraging business as such - 10 is simply a question of eliminating as unfair tax 47 -3differential that favers corporate profits over other income. When corporate profits do not pay their fair share, the missing amounts must be made w by added taxes on other sources. *Relief* to one taxpayer spells "burden" to another. *Ensouraging" corporate business means "discouraging" unincorporated business and other forms of income. Traning a tax system is a process of weighing the advantages in one place against the disadvastages in another. It will not do to FUN away from the problem by simply demanding oncouragement, relief, and even total essays at some one point and letting the matter rest there. The corporate form does not, however, ast, as a shield against the personal surtax if the corporation is small and the stockholder's income from other sources is small. Consequently there is logic in the Committee's refinement whereby small corporations - those with income under $85,000 - are exempted from any form of the undistributed profits tax. These corporations will be able, under this bill, to retain all or a substantial part of their earnings and pay less tax than under the existing law. Moreover, 19 is never advisable to push so far in outting off tax essays as to create an unite member of hardship cases. Some such cases will always be found under any tax law, but in its bill the Committee has amply eared for meetically all these instances by making the burden widespread and light sather than by passing on added pressure and then attempting to eliminate hardships by a long 472 series of complicated exeptions. Even no, the Committee has added some notable relief features. For corporations having more than $25,000 income and subject to taxtion under the general rule in the bill, not only are hardship cases minimized, but any complaints that night otherwise attach to the economic repercussions of the undistributed profits tax are deprived of force. A few hundred clessly-held corporations with more than $75,000 not income are subject to somewhat more pressure, but here a number of provisions relieve the pressure in the partiou- larly difficult cases. The bill as reported by the Committee on Mays and Means thus accords with the experience of the Treasury Department in the oper- ation of the existing law. It was discovered that two types of corperations generally have found it expedient to retain and not to distribute a large portion of their net earnings. One type is the closely hold corporation whose few stockholders find a tax saving in causing the corporation to retain a large part or all of its profits, subjecting itself to a high surtex, which noverth&less is materially less than the controlling stockholders would have to pay on the - income distributed to them as individuals. The other and more sumorous type is the small corporationwithich balances the cost and difficulty of getting new capital from the outside against the undistributed profits surtax and finds 18 an economy to pay the tax. This points, is seems to mo, to a defect in our machinery for providing capital to relatively small thought profitable business. -5- 473 other than tax remedies should certainly be sought, but tax relief can, and I think should, be applied. It is clear to - that considerations of tax equity justify the complete exemption of the small corporations from the application of any undistributed profits tax. It is equally clear to me that the principle should be retained as to larger corporations generally and that a special rule should apply to those large corporations whose stock is closely held, permitting the few principal stockholders to direct dividend policy so as to accomplish reduction of their individual income taxes. Such a provision of law is an absolute requi- site if we are to apply with reasonable fairness the principle of taxation according to capacity to pay, which is an integral part of our system. The taxation of capital gains has, like the undistributed profits tax, suffered in public discussion by a tendency for the disputents to take an all-or-none stand. The severest critics would have us believe that no_substantial relief is possible short of outright repeal or cutting capital gains loose from the personal income tax structure and subjecting them to a low, flat rate. Actually, the treatment of capital gains and lesses is a very complex problem in inconclusive taxation that must be examined in detail and discussed in detail. Thus the Committee bill gives substantial relief to the taxpayer and increases the liquidity of the capital market by a series of changes that (1) affect the brackets governing the amount of gain or loss to - 6- - 474 be taken into account, (2) fix a maximum Sex rate applicable to the gains after they have been reduced by the bracket percentages, (3) allow a carry-over of losses of one year to reduce gains of a subsequent year, (4) improve the definition of a capital asset. The careful thought that such refinements reflect, compared with the casualness of the other suggestions noted above, is evident, We may be some distance yet from the one best treatment of capital gains and lesses, but whatever it may prove to be, it will scareely be as simple as those other suggestions would lead us to believe. We may summariae the discussion of the undistributed profits tax principle and of capital gains and losses by asking what would happen if the former principle were entirely abandoned and the gains were exempted, or taxed at a low flat rate. The answer is obvious. Everyone would be given a powerful indusement to make his income come to him in the form of capital gains rather than in other forms. One way would be to invest in the kind of corporations that would pay out little or nothing in cash dividends. The stockholder could then realise this accumulated inconclusive at such times as he chose by selling for a capital gain, or by inducing the corporation to distribute earnings is the form of non-taxable dividends in stock. with no undistributed profits tax to counterest a withholding tendency that would be immunably strengthened by the favoritism shown to capital gains, the Government would be faced with a serious loss is revenue and with the bigter complaints of these taxpayers who aid -7- 475 not have the opportunities to transmite their inconce into the capital-gaine form. It is simply impossible to see how such a tax system could be justified on the basis of equity. Furthermore, the unfair encouragement that would be given to hasardous and some- time rockless speculation compared with sober each-dividents and interest-paying investment is an economic consequence of great inportance. I trust that the Senate will bear these considerations in mind in its deliberations on the pending revenue bill. The problem is one of a fair distribution of the tax burden in the public interest. The productivity of the tax structure must be preserved. Relief can not be afforded to one class of taxpayers without burden- ing another class, and if the relief is not equitable an inequitable burden is imposed. our whole revenue structure will be imperilled if we permit gross exceptions to the principle of capacity to pay. Gross exeptions will be created if the principle of the undistributed profite tax is shanioned or a too lonient system of taxation of in- - from capital gaine is adopted. 478 Proposed Message on Tax Exemptions In a series of cases culminating in the Pollock decision more than 40 years ago, the Supreme Court established the doctrine that the interest on state and municipal bonds and the salaries of state and municipal officials are not subject to the general Federal income tax. Similarly, the interest on Federal bonds and the salaries of Federal officials are not subject to state taxation. The Sixteenth Amendment to the Constitution of the United States, finally approved in 1913, was proposed and adopted in order to put to rest any question of the power of the Congress to tax incomes without apportionment among the several States. The Amendment in terms gave the Congress the power "to lay and collect taxes on incomes, from whatever source derived." Literally, this broad language is sufficient to embrace all interest, including interest on state and local bonds; and all salaries, including salaries of state and local officials. Nevertheless, it has been persistently asserted that the exemptions considered to exist prior to the Sixteenth Amendment are still in existence despite the plain language of the Amendment. Consequently, the power there granted has never been fully exercised. The income tax acts themselves exclude from tax the interest on state and sunicipal bonds. There is no statutory exemption of official -2- 477 salaries, but court decisions have granted exemptions in some cases out of the great number which have been litigated. On the other hand, various limitations on the exemption have been expressed by the Supreme Court, and several Justices have strongly urged that it should be eliminated entirely. Such exemptions, whether expressed or implied, tend to defeat the equity of the Federal and State taxing systems, by establishing a class of recipients of income, which is not subject to the burdens of taxation borne by other citizens similarly situated. The development of Federal and State taxation in recent years and the increased volume of wholly or partially taxexempt securities have transformed what was once an inequity of relatively slight importance into a most serious defect in both Federal and State systems. In the Federal system, the income tax has been the major single source of revenue for more than twenty years. About two-thirds of the States also make use of the progressive-rate income tax. The progressive sur-tax rates can hardly be made to o, rate fairly or effectively so long as tax-exempt securities provide a ready means of escape from income taxation. The subject of tax-exemptions for bond interest has been so thoroughly discussed that it need not be elaborated here. I shall merely use one illustration to show how -,- 478 widespread its effects may be. An investor whose surtax net income is 850,000 is taxed at 31 percent on the last $6,000 of this income, under the Federal tax. In the present state of the investment market, he can get about 3 percent interest if he invests in moderately long-term highest grade bonds of private corporations. Since the income from such bonds is fully taxable, this investor receives, after tax, about 2 percent on his investment. By purchasing a State bond of the highest grade, with the same maturity date, he can obtain a yield of 2.5 percent, against which no Federal income tax is due. This illustration shows that, even for those who are only moderately wealthy, the saving by Federal tax exemption more than counterbalances the low yield of the tax-exempt bond, and therefore tends to make ineffective the progressive tax rates. At higher income levels the tendency is of course even more pronounced. A fair and effective progressive income tax and a huge, perpetual reservoir of tax-exempt bonds cannot exist side by side. Not only are the ends of tax justice impaired; taxexempt bonds also have serious economic implications. They absorb money, much of which night otherwise be available for many kinds of business investment. These more hazardous types of investment, often so beneficial to society at large in the long run, are thereby ourtailed. Those who can best .4- 479 afford to take those chances - the wealthy investors - are precisely those who instead are most attracted to tax-exempt bonds. The exemption of governmental salaries likewise tends to defeat the aims of a progressive-rate tax system. This exemption is of particular importance to the States, since many of their income taxes strike more heavily and with a sharper graduation of rates, than the Federal tax, in the lower income brackets where governmental salaries usually fall. Exemption of salaries has the further disadvantage that it produces an apparently endless stream of litigation in attempts to discover whether a given case falls within the tax-exempt area as defined by the Supreme Court. I, therefore, recommend to the Congress that effective action be promptly taken, either by statute or by constitutional amendment, to terminate these exemptions for the future. The legislation or amendment should confer the same powers on the States, with respect to the taxation of Federal bonds and Federal salaries, as is granted to the Federal Government with respect to state and local bonds and salaries. Beel Maylor road TREASURY DEPARTMENT the 480 INTER OFFICE COMMUNICATION DATE March 19, 1938 Secretary Morgenthau TO DA Subject: Comparison of the Budget estimate of the corporate FROM Mr. Haas net income for calendar year 1937 with the corporate income for that period indicated by the published reports of corporations. Published corporate earnings for calendar year 1937 indicate that 1937 statutory net income of all corporations subject to income tax will be from $100 millions to $200 millions in excess of the $8,100 millions statutory net income used in making the Budget estimate. The National City Bank has tabulated corporate profits of 1,020 industrial companies for the full year 1937 which figures indicate an 8.5 percent increase over 1936. The earnings index of the Standard Statistics Company, which includes rails and utilities in addition to industrials, shows an increase of 8 percent for the comparable period. A table is attached showing the earnings for the fourth quarter of 1937 of 100 of the 168 corporations which comprise our earnings index. The earnings of these 100 corporations for the fourth quarter of 1937 were 69 percent of their earnings for the fourth quarter of 1936 and 71 percent of their earnings for the third quarter of 1937. A second table shows the earnings of these corporations for the full years 1936 and 1937, together with the earnings of the General Motors Corporation using the 1937 earnings figure mentioned by Mr. Knudsen in a recent Senate hearings. The combined earnings of these 101 corporations for the full year 1937 indicate an increase of 8.2 percent over 1936. If all corporations in our earnings index show approximately the increase indicated by the three records of earnings referred to above, the statutory net income of all corporations subject to the income tax will be about $8.3 billions as contrasted to $8.1 billions of the Budget estimate. 481 Earnings of 100 industrial corporations for fourth quarters 1936 and 1937 with third quarter for 1937, as reported in Wall Street Journal through March 9, 1938 (3) (4) 1937 quarter 1936 (Thousands of dollars) 20,455 30,544 30 302 578 118 255 80 57 180 345 10,305 12,968 20,136 427 432 554 1,025 866 1,503 Gabriel Co. -5 -21 Mack Trucks, Inc. 20 Jarlin-Rockwell Corp. Midland Steel Products Co. Motor Wheel Corp. 15 Bohn Aluminum & Brass Corp. Briggs and Stratton Corp. Campbell Wyant and Cannon Foundry Chrysler Corporation Eaton Mfg. electric tuto Lite Co. Mullins Mfg. Corp. Packard Motor Car Co. Mfg. Co. emicals 10 Atlas Powder Co. Commercial Solvents Corp. Dupont de Nemours & Co. Hercules Powder Co. Lambert Co. Matheson Alkali Works, Inc. Monsanto Chemical Co. Texas Gulf Sulphur Co. United Carbon Co. Westvaco Chlorine Products Corp. ood Products and Beverages Beechnut Packing Co. Coco Cola Continental Baking Corp. Corn Products Refining Co. First National Stores, Inc. Grand Union Co. National Distillers Products Corp. 12 76.80 9.93 46.27 31.67 79.46 98.84 118.36 51.43 5.19 147.50 16.52 51.18 77.08 68.20 -34 - 324 565 6.17 582 569 609 757 351 860 202 439 413 102.28 215.67 46.01 -7 170 160 - 3.54 95.57 88.02 48.91 1,506 2,325 3,490 64.77 43.15 -5 -3 -15 - - 697 1,298 1,300 53.70 53.62 31,225 30,892 34,478 170 396 316 485 240 565 25,232 156 22,963 1,247 27,227 1,353 69 431 249 194 477 426 1,763 2,566 1,224 3,146 1,377 2,130 433 552 628 101.08 42.93 202.08 109.88 12.51 16.01 40.67 144.04 81.56 78.44 90.56 53.80 85.84 92.67 11.53 27.71 45.54 128.03 120.47 68.95 157 216 207 72.69 75.85 16,758 16,429 18,943 768 879 896 4,314 1,477 2,998 8,492 1,202 661 4,134 1,114 3,152 632 708 870 97 104 88.47 85.71 104.35 132.59 95.11 72.64 93.27 96 102.00 87.37 50.80 122.88 453.56 89.27 101.04 3,768 3,672 289.62 102.61 1,301 Transue and Williams Steel Forging Corp. Yellow Truck & Coach (1) + (2) (1) + (3) : 15,709 tos, parts and accessories Percents : : : : reported: 1937 quarter : : :companies: : Company quarter : of : : Number : Fourth : Third : Fourth (5) : (2) : (1) - - 482 Earnings of 100 industrial corporations for fourth quarters 1936 and 1937 with third quarter for 1937, as reported in Wall Street Journal through March 9, 1938 (continued) (2) : quarter : quarter 1937 : : (Thousands 1936 dollars) of (5) Percents (1) + (2) (1) + (3) : : Fourth : : Third : : reported: (4) : Company (3) : : Fourth of : quarter :companies: 1937 : Number : (1) bod Products and Beverages (continued) Purity Bakeries Corp. Shattuck, F. G. Co. Standard Brands, Inc. Waldorf System, Inc. Ward Baking Corp. 50 213 433 404 48 601 1,818 2,326 3,434 204 228 129 230 374 303 6,862 1,033 10,441 2,833 10,073 2,818 195 420 360 1,510 2,195 1,815 67 92 117 23.47 841.67 78.16 158.14 60.96 11.55 67.22 52.94 88.70 75.25 65.72 36.46 46.43 68.12 36.66 54.17 68.79 72.83 73.32 53.65 46.18 67.39 293.75 97.06 189.59 83.20 57.26 75.53 54.50 105.02 88.54 100.00 90.37 schinery and Machine Manufacturers 13 Caterpillar Tractor Co. Chicago Pneumatic Tool Co. International Business Machines Co. Intertype Corp. Tink-Belt Co. ytag Co. National Acme Corp. 632 862 839 345 643 633 230 498 219 1,244 1,846 1,405 Seagrave Corp. 47 16 -11 Telautograph Corp. 33 34 33 1,530 807 1,693 -91 116 27 - 87 79 125 110.13 69.60 3,977 1,261 5,669 1,081 4,981 70.15 116.65 79.84 149.41 41 525 374 Hanna, M. A. Co. 685 972 1,315 Howe Sound Co. 653 1,044 2,172 803 7.81 70.47 62.55 62.06 10.96 52.09 81.32 81.35 National Supply Co. Underwood-Elliott-Fisher U. S. Hoffman Machinery White Sewing Machine tals and Mining 7 American Metal Co. Calumet and Hecla Cons. Copper Co. 4 Atlantic Refining Co. Barnsdall Corp. Houston Oil Union oil Co. -2 - 5,657 2,456 -330 9,003 4,049 3,648 1,181 62.83 60.66 155.07 207.96 976 543 320 528 191 3,211 3,650 1,733 97.56 87.97 185.29 -2 Virginia Iron Coal & Coke - -10 -13 Pennsylvania Coal and Coke - -95 -30 1,348 New Jersey Zinc 844 - 1,657 - - 167. 54 483 Earnings of 100 industrial corporations for fourth quarters 1936 and 1937 with third quarter for 1937, as reported in Wall Street Journal through March 9, 1938 (continued) (4) : Fourth Third : Fourth quarter quarter : quarter 1937 : companies: 1937 1936 : reported: (Thousands of dollars) : Number : : : : 39,117 5,291 72 243 163 -43 20 63 868 -1,396 4,433 1,751 4,241 2,077 Ludlum Steel Co. -81 302 336 Superior Steel Corp. U. S. Steel Wheeling Steel Corp. -71 103 257 4,578 -764 1,696 30,618 1,230 3,586 20,924 2,046 3,719 30,856 1/ 37,644 Eastern Rolling Mill Co. Inland Steel Co. Jones & Laughlin Steel Corp. Youngstown Sheet & Tube iscellaneous Airway Electrical Appliance Co. are Bank Note American Hide & Leather American Safety Razor American Seating Co. American Steel Foundries American Writing Paper Artloom Corp. Barker Bros. Bayuk Cigars, Inc. Blumenthal, S. and Co. Bon Ami Brillo Mfg. Co. Century Ribbon Mills Consolidated Cigar Container Corp. General Cigar General Electric General Outdoor Advertising General Railway Signal Harbison-Walker Refractories Industrial Rayon Corp. International Silver Co. Johns-Manville Corp. McGraw-Hill Publishing 29 35,210 V -138 : 51,536 9,250 Bethlehem Steel Corp. Castle, A. M. & Co. (1) + (2) (1) + (3) : : 9,112 4,253 10 Steel (5) Percents : of : Company (3) : (2) : (1) 17.68 45.98 29.63 19.58 14.95 - 23.29 80.38 44.17 - 20.47 21.88 - 47.30 45.60 114.11 93.53 -143 - - 111.59 - 1,040.00 173.73 37.22 4.78 87.38 48.96 3.08 260 233 25 -226 46 86 443 255 507 118 317 241 - 1,150 1,785 1/ - - -115 -48 201 257 - 279 315 313 88.57 89.14 -397 64 339 - 368 344 324 113.58 41 47 48 106.98 87.23 85.42 -45 31 46 - 370 184 369 100.27 38 426 429 688 513 621 23,883 13,370 17,413 344 433 291 89 245 144 337 782 1,030 64 17 437 219 168 505 860 1,781 1,280 175 312 210 201.09 8.92 134.11 178.63 79.45 36.33 43.09 376.47 130.36 48.29 56.09 55 -85 8 - - 8.96 110.79 137.16 118.21 61.81 32.72 14.65 43.37 67.19 83.33 484 Earnings of 100 industrial corporations for fourth quarters 1956 and 1937 with third quarter for 1937, as reported in Wall Street Journal through March 9, 1938 (continued) 1937 : : : : : 1936 (Thousands of dollars) (1) + (2):(1) + (3) : : : reported: 1937 Percents : : Fourth : Third : Fourth quarter quarter quarter (5) (4) : :companies: (3) : Company (2) : (1) Number of Iscellaneous (continued) 124.28 - 73.32 82.34 431.03 -37 - 119.42 378.79 3,399 1,847 5,395 5,045 3,975 22.47 63.00 13.63 85.51 124,510 175,281 179,428 71.03 69.59 2,426 -225 1,952 -112 3,309 289 351 242 1,000 232 264 Webster Eisenlohr Bros. -11 -43 Westinghouse Air Brake 415 Westinghouse Electric Radio Corp. Reliance Mfg. Co. Scott Paper Talworth Co. rand Total 100 reasury Department, Division of Research and Statistics. 146 - - March 10, 1938. Airway Electrical Appliance, Artloom Corporation and American Writing Paper omitted from total. 485 Quarterly Earnings of 100 Industrial Corporations Classified by Industrial Groups as Recorded in the Wall Street Journal to March 9, 1938 (money figures in $000) :. quarter 1937 : quarter : : third : 1936 : 1937 to fourth 1936 51.43% : : : : : : : : : : : : : $ 30,544 10 31,225 30,892 34,478 101.08 90.56 12 16,758 16,429 18,943 102.00 88.47 10,441 5,669 9,003 51,536 30,856 10,073 4,981 3,648 39,117 37,644 65.72 70.15 62.83 17.68 114.11 68.12 79.84 155.07 23.29 93.53 $175,281 $179,428 10 Miscellaneous 29 100 $124,510 13 7 4 Total 1937 : quarter $ 20,455 Steel Oil : quarter 1937 to $ 15,709 6,862 3,977 5,657 9,112 35,210 iletals and mining quarter : quarter : : Machinery and machine manufacturers : Fourth fourth 15 Food products and beverages 1937 : : : micals : quarter Third : : pora- Fourth : : cor- : tions O parts and accessories : Industrial classification : Number : of Ratio of : Ratio of : fourth Treasury Department, Division of Research and Statistics 76.80% 71.03% 69.39% March 10, 1938 48G Earnings of 100 industrial corporations and of General Motors Corporation, calendar years 1957 and 1956 : Increase (+) or : decrease (-), : : : 1937 1936 1957 over 1936 (percent) (thousands of dollars) : : : 100 Industrial Corporations 656,940 536,215 + 18.8 General Motors Corporation 201,000 1 238,482 - 15.7 837,940 774,695 + 8.2 Total Treasury Department, March 17, 1938. Division of Research and Statistics. 1 Testimony of William Knudsen, President of General Motors, Senate Committee Hearings, January 6, 1938.