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DIARY

Book 418

July 3-7, - 1941

Book

Page

Aliens

Escape from country now "too big a problem for
Justice and State"; ask for Treasury help; HMJr

will wait until FDR asks - 7/3/41

418

22

-B

Bank for International Settlements
See War Conditions

Blind Persons

Guide Dogs: Admission to elevators of Federal
buildings discussed in Treasury-White House
correspondence - 7/7/41

343

Mrs. FDR - 8/5/41: See Book 428, page 132
Business Conditions
Haas memorandum on situation for week ending
July 7, 1941

352

a) HMJr reports on progress of legislation to

-c--

Chase National Bank

See War Conditions: Foreign Funds Control
China

See War Conditions

Commodity Credit Corporation
See Financing, Government
Correspondence

Mrs. Forbush's resume' - 7/7/41
Coughlin, Father
See Hurley, Joseph P. (Catholic Bishop of
St. Augustine)

346

-DDefense Savings Bonds
See Financing, Government
Dogs, Guide

See Blind Persons

-PFinancing, Government

Commodity Credit Corporation:
Ownership of 5/8% notes maturing on August 1, 1941,

reported - 7/5/41
Conference; present: HMJr, Bell, and Haas - 7/7/41
FDR consulted about financing - 7/7/41

Agriculture: Letter from Treasury to Agriculture

agreeing to suggested offer - 7/9/41: Book 419, page 239

Announcement - 7/10/41: Book 419, page 336

Subscription figures and basis of allotment - 7/15/41:
Book 421, page 2

143,236,267
297
341

- F - (Continued)
Book

Financing, Government (Continued)

Page

Defense Savings Bonds:

Stamp to be Treasury's own and not Postal Savings
Stamp as now - 7/3/41
Reproduction of Savings Stamp legal - 7/3/41
Monthly sales of June compared with May
Field Organization News Letter, No. 7 - 7/4/41
LaGuardia suggests buying $20 million worth of
War Savings Bonds from New York City Retirement
Fund - 7/7/41
a) Foley memorandum on legality
b) Discussed at 9:30 meeting - 7/8/41:

418

6

141

142,235
217

273
276

See Book 419, page 19

McAdoo, Eleanor Wilson: HMJr and McReynolds discuss

putting her on War Savings Staff - 7/7/41

287

a) Correspondence - Treasury-Helen Gahagan 7/11/41: Book 420, pages 141 and 142
b) Mrs. FDR's endorsement - 7/25/41:
Book 426, page 255

c) HMJr tells Mrs. FDR he will take care of 8/12/41: Book 432, page 160

Motion Picture Industry: HMJr writes Dietz of
assistance in program - 7/7/41

United States Government Securities: HMJr asks Foley
about amendment permitting him and Mrs. HMJr to
buy - 7/7/41

335

340

a) Discussion at 9:30 meeting - 7/8/41:
Book 419, page 23

b) Proposed bill - 7/8/41: Book 419, page 168
c) McCormack (Congressman) from on plan 7/18/41: Book 422, pages 106 and 123

-GGermany

See War Conditions: Foreign Funds Control; Germany

Gold

See Latin America: Haiti
Guide Dogs

See Blind Persons

Haiti
See Latin America

Hurley, Joseph P. (Catholic Bishop of St. Augustine)
Address on war, supporting FDR - 7/6/41

IIceland
See War Conditions

Italy
See War Conditions: Foreign Funds Control

253

-J-

Book Page

9

Japan

See War Conditions: Foreign Funds Control

-LLaGuardia, Fiorello
See Financing, Government: Defense Savings Bonds
Latin America

Haiti:
Treasury reply to request of National Bank to
purchase $750,000 worth of gold for reserve
against circulation of Haitian currency, such
gold to remain on deposit with Federal Reserve
Bank of New York - 7/3/41

418

169,171

Mexico:

Hochschild transmits report - 7/3/41

182

-MMcAdoo, Eleanor Wilson

See Financing, Government: Defense Savings Bonds

Mexico

See Latin America

Motion Picture Industry
See Financing, Government: Defense Savings Bonds

. War Conditions: Foreign Funds Control

-NNew York City Retirement Fund
See Financing, Government: Defense Savings Bonds

-PPrice Control
See War Conditions

-R-

Research and Statistics, Division of
Report on projects during May 1941

362

-SSecurities, United States Government
For HMJr's inquiry concerning amendment permitting
him and Mrs. HMJr to buy, see Financing, Government
Social Security Board
New legislation discussed with HMJr by Bell, Haas, and
Blough - 7/7/41
a) Resume'

Stalin, J. V.

For radio address in Moscow, see War Conditions: U.S.S.R.

290
295

-UBook Page

Unemployment Relief

Work Projects Administration report for week ending
June 25, 1941

418

395

U.S.S.R.

See War Conditions
United Kingdom

See War Conditions: Military Planning

United States Government Securities
For HMJr's inquiry concerning amendment permitting
him and Mrs. HMJr to buy, see Financing, Government
-WWar Conditions

Airplanes:
Shipments to United Kingdom and overseas commands -

British Air Commission report - 7/7/41
Bank for International Settlements:

329

Rooth reports on meeting to Cochran

172,176

China:

White instructed by HMJr to settle issues raised
by Fox as they occur - 7/7/41

309

Exchange market resume' - 7/3/41, etc.
Export Control:
Exports of petroleum products, scrap iron, and
scrap steel from United States to Japan, Russia.
Spain, and Great Britain, week ending
July 5, 1941 - 7/7/41
Foreign Funds Control:

188,237,349

351

Banking facilities in connection with German, Italian,
and Japanese firms discussed in correspondence
with Chase National Bank from Treasury and State 7/3/41

158

Auditing of returns of foreign property discussed
at 9:30 meeting - 7/7/41
Motion picture producers and distributors ask for

259

earnings of American motion picture companies

now tied up in Great Britain "to be unblocked"

-

333

7/7/41

a) Payment in dollars for films rented to
Great Britain discussed in Cochran

memorandum - 7/12/41: See Book 420, page 185

b) Warner Brothers negotiations for purchase
of Associated British Picture Corporation
stock - press comment (June 26, 1941):
See Book 425, page 74

British Embassy inquires concerning restriction on

payment of United States dollars to German
shipping companies for German refugees - 7/7/41

404

Germany:

German-Swiss economic agreement and German obstruction

of Swiss watch jewel exports to United States
reported on in American Embassy, Bern,
memorandum - 7/7/41

407

- W - (Continued)
Book

Page

418

300

War Conditions (Continued)
Iceland:
FDR's message to Congress with respect to

protection of - 7/7/41

a) United States Navy to escort American

and British flag ships as far as
Iceland; British will then escort
British flag ships rest of way - 7/10/41:
See Book 419, page 367

Eicher (Securities and Exchange Commission)
asked to check on stock market in
San Francisco - 7/7/41

305,307

Lend-Lease:

Conference in Bell's office; present: Field,
Keynes, Archer, Boddis, Phillips, Keyes, Childs,
Thompson, Brown, White, Kades, Cochran, and

Bell - 7/3/41

51

a) British needs to be broken down by

significant categories for HMJr
1) Raw material contracts outstanding
on July 3, 1941
2) Phillips' memorandum (revised) on

certain types of cash expenditures
Lend-Lease Purchases - weekly report - 7/5/41
Military Planning:
Reports from London transmitted by Halifax 7/3/41, 7/7/41
War Department bulletin:
German Army - notes on - 7/7/41

Price Control:
Minutes of July 1 meeting - 7/3/41
a) Price schedules of

1) Aluminum scrap and secondary aluminum
ingot

2) Cotton grey goods
Purchasing Mission:
See also War Conditions: Lend-Lease

Vesting order sales - 7/7/41

321

322
205

190,413
418
108

113

120,124

313,314

Federal Reserve Bank of New York statement showing
dollar disbursements, week ending June 25, 1941 7/7/41

American Viscose Corporation: British press comments
concerning sale - 7/7/41

315
399

Switzerland:

German-Swiss economic agreement and German

obstruction of Swiss watch jewel exports to

United States reported on in American Embassy,
Bern, memorandum - 7/7/41
U.S.S.R.:

407

Aid in connection with purchases on five-year credit
basis discussed by Acheson and HMJr; conversation

reported to Foley, Cochran, White, and Bell 7/3/41

a) HMJr's conversation with Welles
Stalin's radio address in Moscow - 7/3/41

15
19
27

Yugoslavia:

Liquidation of Yugoslav National Bank reported on in
American Embassy, Berlin, memorandum - 7/7/41

410

- W - (Continued)
Warner Brothers

See War Conditions: Foreign Funds Control
Work Projects Administration
See Unemployment Relief

-YYugoslavia
See WarConditions

1

July 3, 1941

9:30 a.m.
GROUP MEETING

Present:

Admiral Waesche
Mr. Cochran
Mr. Thompson
Mr. Haas
Mr. Schwarz

Mr. White
Mr. Graves
Mr. Blough
Mr. Kuhn

Mr. Bell

Mr. Foley
Mr. Odegard
Mr. Johnson

Mrs. Klotz

H.M.Jr:

Dan, are you going to be ready for my
press conference with this tax thing?

Bell:

I have a statement now being mimeographed.

H.M.Jr:

You will be here at my press conference?

Bell:

Yes, sir.

H.M.Jr:

And I would like you here, too, Ferdie.

Bell:

You might want to see some statements

that Ferdie would like to have you make

at that time, not as a part of the press
release but just make them.

-2 H.M.Jr:

Well, will you come in five minutes ahead

Bell:

Yes, I think that would be a good idea.

H.M.Jr:

Will you?

of time?

Ed?

Foley:

Here is that piece of paper you gave me

H.M.Jr:

Oh yes. I have made up my mind what I
am going to do about that.

last night.

Bell, Foley and Waesche were to have an

answer to the President's letter of June 24.

Bell:

Yes.

H.M.Jr:

Have you got it?

Bell:

No. We will try to do it today.

H.M.Jr:

Well, I really think it should be answered
today.

Bell:
H.M.Jr:

All right.
Could I get it right after lunch? I mean,
just give me something to answer him.

Bell:

Yes. We might go into my office right
after this meeting and see if we can't
answer it.

H.M.Jr:

Thank you.

Bell:

Everybody has been tied up.

H.M.Jr:

I know. But I really think we ought to get
it over to him.

3

-3-

Cochran:

All right.
Mr. Gifford is still selling a few of

H.M.Jr:

All right.

Johnson:

Nothing, sir.

Waesche:

Nothing.

Blough:

Would you care to talk some time again about
that speech on inflation and taxes?

H.M.Jr:

Very much, beginning with Monday, and I wish

Bell:

those marketable securities. They haven't
stopped entirely.

you would have a talk with that outside tax
commission. I mean, suddenly they tell me
they wanted to see me yesterday. I told

them Monday I couldn't. But somebody ought

to show them there is a little interest in
the Treasury.
Blough:

I have been in very close contact with them
almost daily.

H.M.Jr:

All right.

Bell:

You know that there was a bill introduced
in Congress providing for a commission
on taxation?

H.M.Jr:

No, I did not.

Bell:

It was introduced by Mr. Angell. John
asked me to return it to him so that he
could send it down to Mr. Blough. He said
he thought it was a very good bill.

Odegard:

Might I see you just a second?

H.M.Jr:

I want to see you more than a second, right

-4afterward, please.
George?
Haas:

Here are the Savings Bonds sales. The

table is a little more complicated than
the other.

H.M.Jr:

Is this weekly?

Haas:

This is monthly.

H.M.Jr:

The month of June?

Haas:

June and May. I put it on a daily average

H.M.Jr:

They sold two million nine hundred ninety-

basis.

eight thousand stamps? June?
Haas:

That is right.

H.M.Jr:

Against three million four hundred seventy-

Haas:

That is right.

H.M.Jr:

Daily average --

Haas:

Daily average on stamps, a hundred and
twenty thousand.

H.M.Jr:

What-is-his-name says that they are selling
a hundred dollars an hour outside there.

Haas:

That will help out for July.

Graves:

Of course, those May figures include the

five in May?

sales to the banks for their stock, so it
is a little misleading unless you have
that in mind.

5

-5Haas:

The month of May - now, here is an interesting
thing. The Post Office has a decrease of one

percent in "E" and the banks sixteen. I suspect Harold probably can check this - I suspect that

the banks went down because the initial purchases, all these people bought "F" and "G",
many of them bought the full amount, the limit
on the "E".
And then you asked for a comparison of the

"D" bond of a year ago. The "E" is going

over a hundred percent more than the same
months a year ago.
H.M.Jr:

Have you talked about these with Harold?

Graves:

I talked about them with his assistant,
Mr. Reagh.

H.M.Jr:

Anything else, George?

Haas:

That is all.

Bell:

Vice-President Wallace telephoned yesterday
and said he thought it would be a good idea
if we would some way get these large companies
to buy these stamps and give them to their
employees as a bonus so they could start a
book and encourage them to continue to buy
them.

H.M.Jr:

I see.

Bell:

Mr. Sloan tells me that one or two companies

Graves:

Yes, that is right.

H.M.Jr:

Well, Harold and I had a meeting with a
couple of people. I am ashamed to say who

have done that.

we met with here. He was a hundred percent

6

-6-

lobbyist, but he is a nice one.
Graves:

He is all right, I like that fellow.

H.M.Jr:

He doesn't pretend to be anything else.
With his help, we ought to have certainly
within thirty days, these stamps on sale

Graves:

in fifty thousand stores.
I would think so.

H.M.Jr:

Ever since yesterday morning there has been

Graves:

Yes.

a little acceleration.

By the way, if this is of any special interest,
I spent a good deal of time yesterday at the
Post Office Department, and the Post Office
Department are going to - or they did raise
the question whether we oughtn't to have our
own stamps instead of depending on theirs.

That is, they get a certain reaction from
the public that these stamps are not,
after all, what we are advertising them
to be, Defense Savings Stamps.

They look at the stamp and it is Postal
Savings Stamp. There is nothing on the

stamp to indicate that it is --

H.M.Jr:

I think we ought to have our own stamps.

Graves:

Well, there are certain accounting complications there.

H.M.Jr:

Well, Harold, don't let's do it now. I
have got to move.

Graves:

Yes. I think they have got a good point.

7

-7 H.M.Jr:

Bell:
H.M.Jr:

I think they have, and I think they ought
to do it, but if you don't mind, I am

stuck this morning.
We can do it by January 1, I guess.

Oh, nuts! They tell me yesterday they can
do the chain stores in sixty days, and we

did it in twenty-four hours. They told me
it would be sixty days before we could decide
whether we could do it, and with Harold's
help we have done it in twenty-four hours.
As long as you are raising it, I would
say do it. Get our own stamps, start

printing them now.
Graves:

I have to get Odegard's permission. (Laughter)

H.M.Jr:

He will give you a symbol.

Graves:

I think we ought to use his symbol, it is
just a matter of new words.

H.M.Jr:

Why not let's say we will do it, as long
as you raised it.

Graves:

As I said, there are accounting difficulties.

H.M.Jr:

Well, what have we got eighty thousand accountants

Graves:

The Post Office.

H.M.Jr:

And one economis t. Eighty thousand accountants

Bell:

It is the other way around.

H.M.Jr:

I am glad you brought it up. We will do it.

Graves:

Yes. (Laughter)

H.M.Jr:

We will do it.

Bell:

Are you sorry you spoke?

for in the Treasury?

and one economist.

8

-8H.M.Jr:

All right.
Now, did Mr. Kuhn take up with Mr. Sloan and
Mr. Bell that these newspaper quiz columns
should clear through regular channels?

Kuhn:

Yes, sir, they are coming here to be cleared

and the allotment for July 7 to July 20 is

here now, and-H.M.Jr:

And the answer is yes?

Kuhn:

Yes, sir.

H.M.Jr:

All right. What else?
That is all.

Kuhn:

Bell:

There are many of them out, Mr. Secretary, so
you may see them in the next few days.

Schwarz:

Here is another cartoon.

H.M.Jr:

Oh, thank you.

Anything else, Chick?
Schwarz:

No.

White:

I will try to be very brief.

H.M.Jr:

Just a moment. (Laughter)

White:

The--

H.M.Jr:

Wait a minute.

Well, I am seeing Coe before he leaves?
White:

He has been postponed for several days. They

can't get room on the Clipper, so it will be
satisfactory if you see him next week.

9

-9H.M.Jr:

That is all you have today?

White:

No.

The Canadian-United States Commission which
was organized a few weeks ago is much to my

surprise taking its job much more seriously

than I thought they would and have much more com-

prehensive and effective programs planned

than I thought was going to take place. They
are asking me to prepare a report on the
Canadian dollar position. Now, that involves
giving them information which was given to

us. It is supposed to be a confidential commission; and, unless I use all the information
I have, the report isn't going to be very
much use. Is there any objection to-H.M.Jr:

Yes, ask somebody from the Canadian Treasury

for permission.

White:

All right, I will do that.

H.M.Jr:

Get their permission. Mr. Clark.

White:

Or his representative, Mr. Coyne?

H.M.Jr:

Or his representative.

Is that all, Harry?
White:

There was a meeting yesterday of the National
Resources Board. They had a large group of
economists in which they discussed in some
detail a very comprehensive plan for post-

war adjustment. Apparently it was at the
request of the President. They are apparently
going to do a very good job. I was wondering
whether you would want to consider organizing
or having organized a similar group to do
planning for the current situation and merge

it in with theirs. Nobody is doing anything

10

- 10 comparable for the present situation, and I
think a splendid job could be done and have
very excellent results.
H.M.Jr:

Put down on a piece of paper what you have

White:

I will do that.

H.M.Jr:
White:

Is everything all right today?
That is all.

H.M.Jr:

Anything else?

White:

That is all.

H.M.Jr:

Dan?

in mind and I will read it. Put it on a piece
of paper. Will you do that, Harry?

Did I skip Graves? Are you (Graves) going to
have Helen Dallas booklet today?
Odegard:

We have it now, sir, if you want to see it.

H.M.Jr:

Was that the minimmthat you wanted?

Odegard:

That was one thing.

H.M.Jr:

I will take it up to the country with me and,

if it is ready, I will get it to Mrs. Roosevelt
this week-end and ask her to look at it.

Odegard:

There are certain things that have to be
changed in the layout that ought to be

explained. It is all right to take it.

H.M.Jr:

Well, I mean, could you show it to me right
after this meeting?

Odegard:

Sure.

11

- 11 H.M.Jr:

Do you want to phone for it?
Go ahead, Dan.

Bell:

Sometime ago we discussed the question of
getting statements from the Lend-Lease organi-

zation showing obligations incurred and the
allocations by the various categories under

the act. I have just gotten the first state-

ment as of June 15. That is on a two-weeks'
basis. Hereafter we will get them on a weekly
basis, but it will take anywhere from a week
to ten days to make them up because they have

to come from all over the country. I don't

know whether you wanted this copy or not.

It shows one billion three hundred and ninetytwo million actually obligated, that is, contracts entered into.

H.M.Jr:

How much?

Bell:

Up to June 15.

H.M.Jr:

One billion?

Bell:

One billion three hundred ninety-two million.
This doesn't include the one billion three, but
they are working on a similar statement for
that.

H.M.Jr:

I would be particularly interested in the one
billion three. Do you want to leave it with
me?

Bell:

It is a copy for your file, if you want it.

H.M.Jr:

I do.

Bell:

I sent a telegram to the Federal Reserve banks

along the lines that you indicated in your

memorandum of foreign born people. I have a

reply from eight, and they have no indication

12

- 12 -

at all that there is any of that, and they

have very few foreign born people that come
into their banks and not so many that ask for

custody. There is no indication of that at

all in the eight banks from which I have heard.
H.M.Jr:

O.K.

Bell:

I have not heard from New York and Chicago.

H.M.Jr:

Bell:

All right.
That is all I have. The first of the week I

H.M.Jr:

Well, John Sullivan is gone for a week, isn't

think you ought to see Roy Blough and John
Sullivan and me on that Social Security matter.

he?

Bell:

He will be back, won't he?

Foley:

He won't be back until a week from Monday.

Bell:

Then you had better see Roy and me.

H.M.Jr:

I will. Are you pushing me on it?

Bell:

Again.

H.M.Jr:

That is a wonderful letter, Norman.

Haas:

May I ask you one question? On these "thank
you" letters to the planes and engine companies,

would you like to sign those things?

H.M.Jr:

Yes.

OPM - I mean, they have written now, and it is
the end of the fiscal year, and we get the best

we can.

13

- 13 Haas:

I am glad you are going to sign them.

H.M.Jr:

I would just as lief not see any airplane
statistics for the rest of the summer anyway,
they look so sick.
Just a minute. I would like to see Bell and

White and Cochran and Foley for a minute with
the steno, and would you mind waiting one

minute, Peter? It will only take two minutes.
By the way, anybody and everybody that can get
away tonight until Monday morning, as long as
you arrange with Norman that somebody be on
watch on Saturday, will you please? Somebody
has got to be here Saturday.
Bell:

I will be here.

H.M.Jr:

But with that exception.
And then, Norman, please work out with people
like Admiral Waesche and Johnson, anybody that
has got anything to do with anybody leaving or

coming, that they have to - Coast Guard, I
imagine, is all right. That somebody has got
to be available twenty-four hours.

Thompson:

Yes.

H.M.Jr:

Now, I imagine that they know where Admiral
Waesche is or his secretary twenty-four hours

a day, so when I pick up the receiver - but
that is not true of Brother Johnson.

Johnson:

It will be.

H.M.Jr:

What?

Johnson:

It will be.

H.M.Jr:

Yes. But Norman, make sure, will you?

14

- 14 Thompson:

Yes.

H.M.Jr:

Work out with Brother Johnson that he is on tap.

July 3, 1941
10:00 a.m.

RE AID TO RUSSIA

Present:

Mr. Foley

Mr. Cochran
Mr. White

Mr. Bell
Mrs. Klotz

H.M.Jr:

This thing that I want to ask you, yesterday
Dean Acheson came over here very, very hush

hush and very, very confidential, and he
brought me a list of what the Russians said
they wanted, and he couldn't leave it, it was
so confidential. He was here at Mr. Welles'
request. He wanted to know if anybody knew
what they needed to show how badly off they

were. It was childish. I didn't want to
say anything. If they want this stuff,

all you have got to do is pick up the papers
and see what is being done. But that was
part of the thing. The main thing was that
they want to let the Russians now have thirty

or forty or fifty million dollars' worth

of material, and the Russians want to buy it

on five-year credit. Would I please tell

Mr. Welles how the Russians could borrow the
money, and unless you people tell me - you

are going to have to argue awfully hard I am going to call up Mr. Acheson and tell
him that the United States Treasury is not
in the lending business, I am not interested,
and they should please see Mr. Jones.

White:

They should have plenty of money, Mr. Sec-

H.M.Jr:

That isn't the point. It is a question of

retary. They have plenty of gold.
policy.

16

-2White:

Oh.

H.M.Jr:

It is a question of policy. For two years
now, three, different times I have tried to

buy manganese. Three different times Mr.
Welles cut me in the throat, and now suddenly

White:

I should tell him how to do this thing.
Well, the Treasury couldn't do it anyway
unless, again, it is a stabilization fund,
which isn't appropriate, you have decided.
We haven't done it with England, so I don't
see that it is within the Treasury's province in any case.

Cochran:

The only thing, they have the gold, as Harry
said, but how they could get it out now would
only be by airplane.

H.M.Jr:

But that isn't the point. My point is this:

Mr. Jones has all the authority for lending
and I think if Mr. Welles wan ts to find out

how the Russians can borrow some money he should

go to Mr. Jones.
Bell:

Yes. I don't think I would say it just

like you made the first statement, but I
would say that we just don't feel over

here that we can loan the money under our --

H.M.Jr:

No, they haven't asked me that. They asked
me to advise them how they should go - the
State Department should proceed.

White:

How do they proceed when they want to give
a loan to any one of the Latin-American coun-

tries? They are giving loans to more than
half the Latin-American countries. They gave
a loan - they are arranging a loan to Spain.

They arranged a loan to Finland. I don't
think they came here to ask us.

1?

-3-

Foley:

Why don't we simply say that we have canvassed

the situation and it seems to us properly

a matter for the Import-Export Bank and the
Loan Administrator to consider.
Bell:

It is the RFC.

White:

Or we can say it doesn't seem to be a matter

which falls within the purview of the Treasury.
Bell:

And you think the contacts with Jones ought
to be made by the State Department.

Foley:

Directly.

Cochran:

I would just add that one point, if you feel

like it, because the State Department asked
us several times if we would buy Russian
gold, and we have consistently bought everything they have offered.
White:

I think Merle is right, to say that of course

you stand ready to buy any gold that they

want to use as payments.
H.M.Jr:

This is a loan. They want a five-year loan.

Bell:

I take it the psychological thing, too, is

what they are after.
H.M.Jr:

I think you are all missing the point. Maybe

you are not.
Cochran:

I get the point, but they don't need it.
Until a few weeks ago they had thirty million
dollars in New York of ready cash.

White:

They have got plenty of cash. Except for
political reasons, I don't see any reason for
doing it.

18
-4-

Bell:

Buying the gold isn't helping them like
making the loan. It doesn't have the

psychological effect, and I take it that

is what the State Department wants.
White:

I think I get the point, Mr. Secretary, and
that is why I would like to have you add that
of course if they want you to buy gold, you

are always ready to do that.
Foley:

He doesn't have to do that, Harry. He can
put it on a loan basis. We have gone over

this situation and it seems to us that it is

a matter for the Loan Administrator. We

think they ought to take it up directly with

him.

H.M.Jr:

But they have set the precedent.

Foley:

Sure. Well, I don't know as you have to

H.M.Jr:

Yes. The State Department suddenly coming

add that.

over and asking my advice, it is just too

much.

Foley:

I think you are right. I think they would
be surprised if you were willing to do it,

especially after what we went through before
we froze - before we issued the general
license.

H.M.Jr:

Oh, the other thing that I didn't tell you,
yesterday Acheson comes over, can't I help

them out on this question of export control.

The situation is terrible.
Foley:

I think he is sincere about that.
(Telephone conversation with Mr. Sumner Welle S

follows)

19

July 3, 1941

10:02 a.m.
HMJr:

Hello.

Operator:

Mr. Welles. Go ahead.

HMJr:

Hello,

Summer

Welles:

Hello.

HMJr:

Hello, Sumner?

W:

Good morning, Henry.

HMJr:

How are you?

W:

Fine, thanks.

HMJr:

Dean came over in regard to the message
that you sent him about making a loan

to a certain country.

W:

HMJr:

W:

HMJr:

Yes, he spoke with me after he'd talked

with you and I'm grateful to you for the
trouble you're taking in the matter.
Well, I don't know whether you will be
when you hear my answer.

Not a bit, either way.
But I think that the State Department
has set the precedent on this, that there
were 80 many loans that you worked out
with South America, it seems to me the

thing to do is to take it up with the

loan administrator direct as you have in
the past.

W:

Well, it wasn't exactly that, Henry, that
I wanted. I didn't want to indicate that

I necessarily wanted it done or thought
it should be done, what I wanted was your
own judgment as to the desirability of
proceeding along this line.

HMJr:

Well, I think that this is so much

foreign affairs that - that it better

be handled by the State Department.

-2W:

Well, I'll tell you what I'll do then.
I'll wait until the President gets
back and ask him to let me have his

views as to whether he thinks it
should be done or not.

HMJr:

Well, that's something - well, that

W:

Then if he decides that we should explore

of course

it, then I'11, as you suggest, take it

up with the Federal Loan Agency.
HMJr:

Right.

W:

All right, Henry.

HMJr:

Thank you.

W:

Many thanks.

HMJr:

Goodbye.

W:

Goodbye.

20

21
-5H.M.Jr:

I have for two years wanted to do business
with them. The President of the United
States wanted me to do business with them
and buy the stuff, and as Lubin says, one of
the most critical shortages we have today is
manganese and three different times I was

up to the point of - and this fellow Welles
wouldn't let me do it. And now, when it is

not very good, you know, and these fellows
are losing, I should come along and say he
should make a loan to Russia. He must think
I am dumber than an ox. He must think I am
unbelievably. dumb.

Foley:
H.M.Jr:

I don't think he thought you would do it.

He just hoped you might.

And then, so you know everything, Dean

Acheson comes over yesterday on this - it is

terrible, this fellow makes, well -

Foley:

That is right.

H.M.Jr:

Well, I said, "Dean, I know it is," and I
said, "I am just going to tell you" - he

said, "Won't you help me?" and I said, "No,

Dean, I won't. I just want you to know

I will not."
Cochran:

You saw Pearson and Allen's remarks on him
yesterday?

H.M.Jr:

I said, "I have been all through this thing

and every one of the things now is coming
to a head." The State Department comes

over here. I burnt my heart out and Hull

and Welles have gone there consistently
and told the President, "Morgenthau wants
to run the State Department and wants to

run foreign affairs." Hull told me that

himself. And now they want my help.

22
-6-

And Dan, on this question of aliens escaping

the country, see, I don't think I will do

it, even on a written request from - unless
the President of the United States directs
me to. Now, last night Johnson told me at

the house that they can't handle it. It is
too big for them.

Bell:

Too big for Customs?

H.M.Jr:

No, it is too big for Justice and State.

It is beyond them and they are going to get

together and ask us to do it. I think I am

going to make the President of the United

States ask me to do it. I mean, that is the
way I feel. It is too big for them and we

will let bygones be bygon es, and will we jump
in and help them. Everybody that is connected
with this runs day and night and we have got
a beautifully run department and they are

all copying it. By God, they are going to
have - well, I am just human. But after
what they put me through for eight years they have got to get down on their knees

to ask me. I mean I will never forget the
tongue lashings that I have had from Mr. Hull

about how I want to run his department and the
sarcasm and everything else.
Bell:

They have got to take it to the President
or after you get it would you want to talk
to him about it and say you have got this
request?

H.M.Jr:

What happened on the Italian ships? Did
we take them? That whole question. What
happened on them?

Foley:

We sent those two letters over and we haven't
heard anything.

H.M.Jr:

From the President or who from?

23
-7-

Bell:

No, a direct request, not a wishy-washy
request is what we want. We haven't
heard from them at all.

H.M.Jr:

It is the same thing on this. If the United

States Treasury is going to get in and guard
the boys, that is important enough. I went
all through it with Frances Perkins. We had
a beautiful plan that the whole border should
be Treasury. Frances Perkins came over here

and said, You know, Henry, I have got so

little to do. Please as a personal matter,

don't take that away from me. It all come S
back to me now. That is a song. (Laughter)
White:

That is a gyp.

Foley:

He is a radio impresario. He can't keep
himself in his roles, Harry.

H.M.Jr:

So I said, "All right, Acheson, I won't."

Now, if the President of the United States
wants us to look after aliens, he can ask
us. The only reason I am letting my personal
bias influence me, it keeps me out of hot
water.

Klotz:

That is a good enough reason. (Laughter)

H.M.Jr:

Well, you can't both freeze and be in hot water
at the same time. How did you like our
program?

Foley:

Fine, except Mickey Rooney and Judy Garland.

Klotz:

I thought they almost ruined it.
The kids all were mad about it.

H.M.Jr:

Did Eleanor listen?

Klotz:

She listened and she said the only thing

24
-8-

she liked was Mickey Rooney and Judy

Garland.
Foley:

I thought he was terrible. The rest of

H.M.Jr:

Will they buy stamps, though.

Klotz:

They certainly will if Judy Garland and

them I thought were very good.

Mickey Rooney do.
Foley:

Bell:

Judy was better than Mickey, but I thought

Mickey was awful.

Looked as though they hadn't had time to

think up a good --

Klotz:

That is what the kids liked.

H.M.Jr:

The thing is, to be perfectly fair, that
isn't their fault. That is done by professional writers.

Bell:

Oh, yes, sure.

H.M.Jr:

They just act what they are told. They are

directed and taught the thing. Be fair to
them.

Klotz:

That is what they loved. They just thought
it was marvelous. This getting mixed up,
that was simply wonderful. I am giving
you the child's point of view.

H.M.Jr:

Well, that is important. Well, Henry was
enthusiastic about the whole thing at the
various times I talked to him last night.

Klotz:

We talked to some other children and they

loved it.

25
-9-

H.M.Jr:

All right, thank you all.

Klotz:

That was awful.

Bell:

Who sent in Home on the Range"? [ didn't
get that.

H.M.Jr:

Dan, why are you here Saturday?

Bell:

Well, I am going to be here anyhow.

26

LIEUTENANT STEVENS

Wiley mentioned this to the Secretary

over the telephone.

For your info., , in case you are no more
up on these diplomatic courtesies than

am I, the "p.f." in the left-hand lower
corner of the Ambassador's card means

"pour felicite". The Secretary's card
should be returned to the Ambassador

abbreviation r.",

with meaning the "pour inked remercier". In "p. other

words with my compliments" and "with
thanks". (my translations!)
B. Jenkins.

done 1/1
FROM: JOHN C. WILEY

The Ambassador
Ofth. Union of Privid Socialist Republics

RADIO ADDRESS BY J. V. STALIN, CHAIRMAN
OF THE COUNCIL OF PEOPLE'S COMMISSARS OF
THE U.S.S.R. CHAIRMAN OF THE NATIONAL
DEFENSE COMMITTEE.

(Full Text)
Moscow, July 3, 1941

Comrades! Citizens! Brothers and Sisters! Men
of our Army and Navy! I am addressing you, my friends!

The perfidious attack on our fatherland started on
June 22 by Hitler Germany is continuing. In spite of
the heroic resistance of the Red Army, and although the
enemy's finest divisions and finest air-force units have
already been smashed and have met their doom on the field

of battle, the enemy continues to push forward, hurling
fresh forces into attack. Hitler's troops have succeeded

in capturing Lithuania, a considerable part of Latvia,
the western part of Byelorussia, and part of the Western
Ukraine. The Fascist air-force is extending the range
of operations of its bombers, and is bombing Murmansk,
Orsha, Mogilev, Smolensk, Kiev, Odessa, Sebastopol. Grave
danger overhangs our country.

How could it have happened that our glorious Red

Army surrendered a number of our cities and districts to
Fascist armies? Is it really true that German Fascist
troops are invincible as is ceaselessly trumpeted by
boastful Fascist propagandists? of course not! History
shows that there are no invincible armies and never have
been. Napoleon's army was considered invincible but it
was beaten successively by Russian, English, and German

armies. Kaiser Wilhelm's German army in the period of

the first imperialist war was also considered invincible
but it was beaten several times by Russian and AngloFrench forces and was finally smashed by Anglo-French

forces. The same must be said of Hitler's German Fas-

cist army today. This army had not yet met with serious
resistance on the continent of Europe, only on our

territory it met serious resistance. And if as if result of
this resistance the finest divisions of Hitler's German
Fascist army have been defeated by our Red Army, it means

that this army too can be smashed and will be smashed as
were the armies of Napoleon and Wilhelm.

As to the part of our territory having nevertheless
been seized by German Fascist troops, this is chiefly
due to the fact that the war of Fascist Germany on the
U.S.S.R. began under conditions favorable for the German

forces and unfavorable for Soviet forces. The fact of
the matter is that troops of Germany, as a country at
war, were already fully mobilized, and the 170 divisions
hurled by Germany against the U.S.S.R. and brought up to

Soviet frontiers were in a state of complete readiness,
only awaiting the signal to move into action, whereas
the Soviet troops had still to effect mobilization and
to move up to frontiers.

Of no little importance in this respect is the fact
that Fascist Germany suddenly and treacherously violated
the Non-Aggression Pact she concluded in 1939 with the

U.S.S.R., disregarding the fact that she would be regarded as aggressor by the whole world. Naturally our

peace-loving country, not wishing to take the initiativo
in breaking the Pact, could not resort to perfidy. It
may be asked how could the Soviet Government have con-

sented to conclude a non-aggression pact with such

treacherous fiends as Hitler and Ribbentrop? Was this

not an error on the part of the Sovict Government? of
course not! Non-aggression pacts are pacts of peace between two States. It was such a pact that Germany proposed to us in 1939. Could the Soviet Government have

declined such a proposal? I think not a single peaceloving State could decline a peace treaty with a neighbouring State even though the latter were headed by such
fiends and cannibals as Hitler and Ribbentrop. But that,
of course, only on one indispensable condition, namely,

that this peace treaty does not infringe either directly

or indirectly on territorial integrity, independence,
and honor of the peace-loving State. As is well known
the Non-Aggression Pact between Germany and the U.S.S.R.

is precisely such a pact. What did we gain by concluding
the Non-Aggression Pact with Germany? We secured our

country's peace for a year and a half and the opportunity
of preparing its forces to repulse Fascist Germany should
she risk attack on our country despite the pact. This
was a definite advantage for us and a disadvantage for
Fascist Germany. What has Fascist Germany gained and

what has she lost by treacherously tearing up the pact
and attacking the U.S.S.R.? She has gained certain ad-

vantageous positions for her troops for a short period
but she has lost politically by exposing herself in the
eyes of the entire world as a bloodthirsty aggressor.
There can be no doubt that this shortlived military
gain for Germany is only an episode while the tremendous

political gain of the U.S.S.R. is a serious and lasting
factor that is bound to form a basis for development of
decisive military successes of the Red Army in the war
with Fascist Germany.

That is why our whole valiant Red Army, our whole

valiant Navy, all our falcons of the air, all the peoples
of our country, all the finest men and women in Europe,
America and Asia, finally all the finest men and women
of Germany - condemn the treacherous acts of the German

Fascists and sympathise with the Soviet Government,
approve the conduct of the Soviet Government and see that

ours is a just cause, that the enemy will be defeated,
that we are bound to win.

By virtue of this war which has been forced upon us

our country has come to death grips with its most
malicious and most perfidious enemy - German Fascism.

Our troops are fighting heroically against an enemy
armed to the teeth with tanks and aircraft. Overcoming
innumerable difficulties the Red Army and Red Navy are

self-sacrificingly disputing every inch of Soviet soil.

The main forces of the Red Army are

aotton

armed with thousands of tanks and airplanes. Men of the
Red Army are displaying unexampled valor. Our resistance

to the enemy is growing in strength and power.
Side by side with the Red Army the entire Soviet

people are rising in defence of our native land. What is
required to put an end to the danger hovering over our
country, and what measures must be taken to smash the enemy?

Above all it is essential that our people, Soviet people,
should understand the full immensity of the danger that
threatens our country and abandon all complacency, all

heedlessness, all those moods of peaceful constructive
work which were natural before the war but which are fatal
today when war has fundamentally changed everything. The

enemy is cruel and implacable. He is out to seize our lands
watered with our sweat, to seize our grain and oil secured

by our labor. He is out to restore the rule of the land"ords, to restor Tsarism, to destroy the national culture
and national state existence of Russians, Ukrainians,

Byelorussians, Lithuanians, Letts, Esthonians, Tartars,
Uzbeks, Moldavians, Georgians, Armenians, Azerbaidjanians,

and the other free peoples of the Soviet Union, to Germanize
them, to convert them into slaves of German Princes and

Barons. Thus the issue is one of life or death of the
Soviet State, for peoples of the U.S.S.R. the issue is
whether peoples of the Soviet Union shall remain free

or fall into slavery.
Soviet people must realize this and abandon all
heedlessness, they must mobilize themselves and reorganize

all their work on new, wartime lines, when there can be
no mercy to the enemy. Further, there must be no room
in our ranks for whimperers and cowards, panicmongers

and deserters, our people must know no fear in fight and

must selflessly join our patriotic war of liberation,
our war against Fascist enslavers. Lenin, the great
founder of our State used to say that the chief virtue
of the Soviet people must be courage, valor, fearlessness

-5-

in struggle, readiness to fight together with the people
against enemies of our country. This splendid virtue
of a Bolshevik must become the virtue of millions and
millions of Red Army, of Red Navy, of all peoples of
the Soviet Union.

All our work must be immediately reconstructed on

a war footing, everything must be subordinated to interests of the front and the task of organizing demolition of the enemy.
Peoples of the Soviet Union now see that there is
no taming of German Fascism in its savage fury and
hatred of our country which has ensured all working

people labor, freedom and prosperity. Peoples of the
Soviet Union must rise against the enemy and defend

their rights and their land. The Red Army, Red Navy and
all citizens of the Soviet Union must defend every inch

of Soviet soil, must fight to the last drop of blood
for our towns and villages, must display the daring

initiative and intelligence that are inherent in our
people. We must organize all-round assistance to the
Red Army, ensure powerful reinforcements for its ranks
and supply of everything it requires, we must organize

rapid transport of troops and military freight and extensive aid to the wounded.
We must strengthen the Red Army's rear, subordina-

ting all our work to this cause, all our industries
must be put to work with greater intensity to produce

more rifles, machine guns, artillery, bullets, shells,
airplanes, we must organize guarding of factories, power
stations, telephonic and telegraphic communications,

and arrange effective air-raid protection in all localities. We must wage a ruthless fight against all disorganizers of the rear, deserters, panicmongers, rumormongers, exterminate spies, diversionists, enemy para-

chutists, rendering rapid aid in all this to our destroyer battalions.
We must bear in mind that the enemy is crafty, unscrupulous and experienced in deception and dissemination

31

of false rumors. We must reckon with all this and not

fall victim to provocation. All who by their panicmongering and cowardice hinder work of defense, no matter

who they are must be immediately hailed before military

tribunal. In case of forced retreat of the Red Army
units, all rolling stock must be evacuated, the enemy
must not be left a single engine, single railway car,
not a single pound of grain or gallon of fuel.
Collective farmers must drive off all their cattle
and turn over their grain to the safekeeping of state

authorities for transportation to the rear. All valuable
property including nonferrous metals, grain and fuel
which cannot be withdrawn must without fail be destroyed.
In areas occupied by the enemy, guerilla units, mounted
and foot, must be formed, diversionist groups must be
organized to combat enemy troops, to foment guerilla
warfare everywhere, blow up bridges, roads, damage

telephone and telegraph lines, set fire to forests, stores,
and transports.

In occupied regions conditions must be made un-

bearable for the enemy and all his accomplices. They
must be hounded and annihilated at every step, and all

their measures frustrated. This war with Fascist Germany cannot be considered an ordinary war. It is not
only a war between two armies, it is also a great war
of the entire Soviet people against German Fascist
forces. The aim of this people's war in defense of our
country against Fascist oppressors is not only elimination of the danger hanging over our country but also aid
to all European peoples groaning under the yoke of
German Fascism.

In this war of liberation we shall not be alone.
In this great war we shall have loyal allies in peoples
of Europe and America, including German people who are

enslaved by Hitlerite despots. Our war for freedom of
our country will merge with the struggle of peoples of

Europe and America for their independence for democratic

liberties. It will be a united front of peoples
standing for freedom and against enslavement and threats
of enslavement by Hitler's Fascist armies.

In this connection the historic utterance of British
Prime Minister Churchill regarding aid to the Soviet
Union and the declaration of the United States Government

signifying readiness to render aid to our country, which
can only evoke a feeling of gratitude in the hearts of
the peoples of the Soviet Union, are fully comprehensible
and symptomatic. Comrades, our forces are numberless,

The overweening enemy will soon learn this to his cost.
Side by side with the Red Army thousands of workers,

collective farmers, and intellectuals are rising to
fight the enemy aggressor.

Masses of our people will rise up in their millions.
Working people of Moscow and Leningrad have already com-

menced to form vast popular levies in support of the
Red Army. Such popular levies must be raised in every
city which is in danger of enemy invasion, all working
people must be roused to defend our freedom, our honor,

our country - in our patriotic war against German
Fascism.

In order to ensure rapid mobilization of all forces
of peoples of the U.S.S.R. and to repulse the enemy who

treacherously attacked our country, a State Committee
of Defense has been formed in whose hands the entire
power of the state has been vested. The State Committee of Defense has entered in its functions and calls

upon all our people to rally around the Party of LeninStalin and around the Soviet Government so as to selfdenyingly support the Red Army and Navy, demolish the

enemy and secure victory. All our forces for support
of our heroic Red Army and our glorious Red Navy! All
forces of people - for demolition of the enemy! Forward,
to our victory!

34

TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION

DATE July 3, 1941

Ferdinand Kuhn, Jr.

TO

Alan Barth

FROM

REACTIONS TO THE "CRUSADE"

Hitler's Holy War has picked up no more than a handful of

crusaders in the United States. Save for the extreme right, already
camp-followers of his caravan, the American public has given only

boos and jeers to the Nazi pretense that it is saving the world
from Communism. The rightists who fell for, and into, the Nazi line

are offset by the leftists who have suddenly enlisted in the war to
save the world from Fascism.

The overwhelming majority of the American press continues to
insist staunchly that the problems raised by the Russo-German war

are military, not ideological. This attitude, it should be noted,
is conditioned upon the expectation of disaster for the Red armies.
While there are few illusions about the purposes of the Nazi drive
to the east, there is a latent uneasiness over the possible spread
of Communism after the war. Americans hope for a German defeat

without a Russian victory.
Center

Secretary Knox, speaking before the Governors' Conference at

Boston, said precisely what the more strongly interventionist

--

35

newspapers have been urging feverishly since the outbreak of war on

the new front. This segment of the press is dissatisfied with the
pace at which the Administration has moved. Commenting on the tenth

day of the Nazi-Soviet conflict, The New York Herald Tribune remarks:
"The British, with their crescendo of bombing, are making every use

they can of the fleeting opportunity. The United States has done
nothing. This inaction means ten days already wasted when every

hour counts. This is no 'breathing spell'; it is the supreme moment
for action."

A similar impatience is expressed by The New York Post, by P.M.

and, with slightly more restraint, by The New York Times. A number
of important newspapers in the south also feel that now is the time

to shoot the works. Other influential dailies, such as The Christian
Science Monitor, The Philadelphia Record, The Baltimore Sun, The
Chicago Daily News, The San Francisco Chronicle desire vigorous ac-

tion. The Nation and The New Republic add their liberal voices to
these pleas. A desperate feeling of urgency marks the comment of all
of them on the passing of time.

Most of these papers naturally applauded Mr. Knox. But they did
so somewhat despondently, recalling that the President ignored his
commendation of convoys some weeks ago. Mr. Roosevelt's refusal to

comment on this latest proposal of his Secretary of the Navy brought

most commentators to the conclusion that it was just another trial
balloon.

-3-

36

The majority of newspapers merely urge accelerated activity

against the Axis without specifying the form which it should take. In
general, there has been approval of the decision against invoking the
Neutrality Act in the Russo-German war and of the offer of material

assistance to the Russians. But there is a manifest preference for
helping the Russians via Britain. Numerous commentators express the

fear that the Soviet Union is destined for a quick collapse and that
aid sent to it from America may fall into German hands. The off-therecord appraisal of Soviet chances made by United States Army experts

did nothing to allay this pessimism, although it did serve, perhaps,
to quash the notion that the extension of the war could be counted
upon to keep the Reichswehr occupied for a long time.
Russian retreat and the triumphant German communiques from the

eastern front have added to the disheartenment. Some observers are

uneasy lest the "now or never" feeling give way to an attitude of
resignation toward German domination of Europe.
Right

Isolationists and the anti-democratic groups allied with them
have been making what capital they can out of the fiction that the
Nazis are saving the world from Communism. Through Father Coughlin's

Social Justice and The Tablet, organ of the Rev. Edward Lodge Curran,
they have made their influence felt in some degree among Catholics.

--

37

Despite strong Catholic antipathy toward the Soviet Union,

certain of the more liberal groups within the church have aligned
themselves with Bishop Hurley who said recently: "Today the first
enemy of our humanity, killer of our priests, despoiler of our temples
and foe of all we love both as Americans and Catholics is the Nazi."
Last Sunday's radio broadcast by Pope Pius XII discussing Catholic

attitudes toward the war no doubt did a great deal, by its studied
failure to endorse the Nazi "crusade", to check any drift of Catholics
into the fascist column. A moderate Catholic publication, The Universe
Bulletin, condones British policy toward the Soviet Union by compar-

ing it with that of a drowning man who "grasps at the first life
preserver that is tossed from a providentially nearby boat." But it
finds satisfaction in the fact that Prime Minister Churchill did not
call Russia a formal ally. "This war," it observes, "may well mean
the overthrow of the brutal anti-God government in Russia. If that
day comes then God-fearing nations will be free to seek an alliance

with a liberated Russia. But until then what nation that treasures
honor and respect can call the Soviets an ally?" Catholics of Irish
and Italian extraction are, of course, subject to diverse emotional
influences in their sentiments toward the war. It seems unlikely

that the weight of the church will be cast fully upon either side.
Left

The sudden turnabout of American Communists represents no

-5-

38

conversion to British or American partisanship in the war. They are
interested exclusively in the preservation of the Soviet Union.
This is the basis of Communist consistency. In singularly
arrogant statements of the party line respecting the war, The Daily
Worker and The New Masses continue to insist that Britain is battling

only for imperialist interests, while the workers' fatherland is
defending "the new civilization."

There is bitter resentment that the calculations of the late
Neville Chamberlain have at last born fruit. Prime Minister Churchill,
who is held to be of the same stripe as his predecessor, is deeply
distrusted by the Communists; they fear that Hitler's "demonstration

of 'works' against socialism will regain him 'faith' of the international bourgeoisie."
While the domestic Communists clamor for effective American
assistance to the Soviet Union, they have launched as yet no demand

for this country's participation in the war. "The people of this
country want to remain at peace," remarks The New Masses, "and that

is possible and necessary." So far, at least, the Communists have
displayed a cocky confidence that they can lick the Nazi invaders
singlehanded.

39
THE WHITE HOUSE
WASHINGTON

Hyde Park, N.Y.
July 3, 1941.
MEMORANDUM FOR

THE SECRETARY or THE TREASURY

FOR YOUR INFORMATION AND

PLEASE RETURN FOR MY FILES.

F. D. R.

HARVARD UNIVERSITY
CAMBRIDGE, MASSACHUSETTS
OFFICE OF THE PRESIDENT

June 30, 1941

President Franklin D. Roosevelt

The White House

Washington, D. C.

Dear President Roosevelt:

In these days of national emergency, no

college president can refuse a call for assistance
from The White House. I am very glad, therefore,

to recommend to the Corporation that Dean James
M. Landis of the Harvard Law School be given 8

leave of absence so that he may accept the appointment 88 Under Secretary of the Treasury. I have
no doubt that the Corporation will agree and feel
that, however great the loss to Harvard may be,
we are glad to know that one of our outstanding
men can be of special assistance to you in this
important position.

We are all hoping that the duration of
the national emergency may be short and that it
will not be long before Dean Landis is back with
us. His absence will mean a severe loss to the

Law School in these critical times, when we have
8 serious financial problem arising from the dim-

unition in our student body. We shall try to work
out our problems, however, 88 best we can.
Very sincerely yours,

Jane B. Guant

41
Law School of Warbard University
Cambridge, Mass.
OFFICE OF THE DEAN

3 July 1941

Dear Mr. Secretary:

One matter of which I want to assure you is that you need
have no worry whatsoever about my personal feelings in this business.
Of course I am sorry not to be able to serve under you but you will
remember that purely personal inclinations would have dictated my rew
maining here at the Law School rather than going to Washington. So
in one sense Senator Walsh has unwittingly done me a favor rather than

a hurt. Naturally I regret not being able to try my hand at doing a
job of the significance of which I became more conscious as I became

closer acquainted with it. But I know that there are other ways in
which I can serve the country during these fearful times and that I
am always ready to do.

After your call I racked my brain to discover some other incident upon which Senator Walsh's attitude might be based, I think it
very likely derives from the following which I have hardly thought of
since its occurrence. At the beginning of the last presidential canpaign there was a general belief among Democrats and Republicans alike

in this State that the State would go Republican, Because of that nei-

ther Senator Walsh nor Paul Dever, the Democratic candidate for Governor,
and their controlled State headquarters did much about promoting the cause
of the President, On the contrary there were some Dever-Willkie clubs

organized in this State with, I feel sure, the blessing of Dever. It

was because of this attitude of the State Democratic party that a number
of us formed the Massachusetts Independent Voters League for Roosevelt

and Wallace. We then pitched in for Roosevelt and got a great deal of
support. About two or three weeks before the election Dever's forces

began to realize that the President was not a liability but an asset to
their campaign. It was only then that Dever made a public announcement

in behalf of the President. Shortly prior to this time I was approached

by some of Dever's friends to speak for Dever inasmuch as I had spoken

on several occasions in behalf of the President, I replied rather curtly
at that time that I had no interest in promoting Dever, if Dever did not
exhibit an interest in promoting the cause of the President. Dever's

friends continued to pursue me more strongly in the days that followed.
Finally Ed Flynn, on the Thursday night before election, reached me by
telephone and asked me to see Dever, which I promised to do. I did so
Friday evening and when Dever asked me to speak for him I told him,
which was true, that I had made up my mind to take no part in the State
election. I further told him that Henry Parkman, Jr., who was Walsh's
opponent for the Senate and a personal friend of mine for whom I hold
considerable respect, had asked me to speak in his behalf. Parkman
did so upon the ground that he was a hundred per cent. behind the President's foreign policy and that Walsh's support of that same foreign
policy was wholly negligible. Though I agreed with Parkman that he
deserved support for his clear underwriting of the President's policy,

did not like this business of publicly becoming a partial political

I

42
HM/JML/7-3-41

turncoat and thereby possibly doing some hurt to the President by
taking a position in behalf of the Republican candidate for Senator.
I consequently told Parkman that I was not taking any part in State

politics. I told Dever of this incident and then said to him that

if I spoke for him, I would be morally obliged to speak in behalf
of Parkman. Dever replied very rightly that he did not wish me to
take that course and with that the interview was over.

Dever was defeated in his race by a very narrow margin.
A switch of some ten thousand votes would have put him in as Gove

ernor. I have heard that he blamed his defeat on my refusal to

support him which might have brought him quite a few of the 80called Liberal Democratic votes in this community. I have no doubt
that this incident was called to the Senator's attention and that

it is a part of the reason for the bitterness of his attitude.

I am sorry that these seemingly petty things should have
come back to plague you. But let me say once more that I appreciate very much your confidence in me and the privilege of your
friendship.
Sincerely yours,

Jales
Hon. Henry Morgenthau, Jr.
Treasury Department
Washington, D.C.

43
July 3, 1941
10:20 a.m.

HMJr:

Hello.

Operator:

Operator.

HMJr:

Go ahead.

Operator:

All right. Go ahead.

HMJr:

Hello.

Dean

Landis:

Hello, Mr. Secretary. This is Jim

HMJr:

Yes, go ahead, Jim.

L:

What I just wanted to bother you
about was this. You know, I had

Landis talking.

accepted this appointment from

La Guardia.
HMJr:
L:

HMJr:
L:

Yes.

And La Guardia told me that he would
appoint a successor just as soon as
the other thing was announced.
Yes.

And what I wanted to ask you about was
whether you saw any reason as to why I
shouldn't go ahead with the La Guardia
thing.

HMJr:

Why you should or should not?

L:

Why I should not go ahead with it.

HMJr:

Well, you don't have to be confirmed
do you?

L:

No, no. No, the appointment is already
made, you see.

HMJr:

Oh, I'd go ahead with it.

L:

Yeah. Well, I just didn't want to
put him in a situation where it might
embarrass him at all.

HMJr:

Well, then - I - 1f - as long as you
raise that, I think you ought to tell
Fiorello.

L:

HMJr:

Yes, of course.

And then if he's satisfied, that's
all right, but I mean this man, Walsh,
just has me under the Senate customs
he's got me

and rules where I can't even squirm,

L:

Sure, I understand.

HMJr:

He's not me nailed to the mast.

L:

Yeah.

HMJr:

But, if La Guardia, knowing the whole

story, is satisfied and you don't go
up to the Senate for confirmation, I
mean, I should think that he'd want
you.

HMJr:

Yeah. Well, he was going to appoint
a successor just as soon as this other
thing was out and I thought that
But that would be my advice.

L:

Yeah.

HMJr:

Tell him the story and if he's satisfied,
why certainly I'd go ahead with it.

L:

Yeah.

HMJr:

Now, what else, Jim?

L:

Well, that was all.
That's all?
That's all.

L:

HMJr:
L:

45

-3I:

I'm still very very low.
Well, don't worry about it. You'll

HMJr:

No, I - I - that's - if you don't

HMJr:

L:

HMJr:

get a better man easily.

mind, I disagree with you 101 percent.
I don't know, I'm really - I mean it's pretty bad - black mark on American
political life when a man like Walsh can
do a thing like that to you and me.

Well, he's that kind of a person, I
I know. I know, but I haven't recovered
and I won't for some time. Well, any

other time remember I'm expecting you for
lunch or supper when you come down.

L:

All right, thank you.very much.

HMJr:

Goodbye.

L:

Goodbye.

46

July 3, 1941
10:50 a.m.

HMJr:

Hello.

Operator:

Mr. Welles.

HMJr:

Hello.

Sumner

Welles:

Hello.

HMJr:

Hello, Sumner.

W:

Henry, I'm sorry to disturb you again.

HMJr:

You haven't disturbed me.

W:

Dean Acheson told me yesterday the

information he'd received either from

you or someone else when he was in your
Department yesterday evening
HMJr:

Well, that was from me.

W:

From you?

HMJr:

About a - Far East?

W:

Yeah, that's right.

HMJr:

Yes.

V:

Now, I wanted to know very much if you
could have your people check further

on that today and see 1f we can get a

HMJr:

little more detailed information.
Well, now, I spoke to the President
last night about it - I thought it was
important enough and he was intensely

interested and he said, have you told
Sumner and I said that I had by Acheson.

W:

Yeah.

HMJr:

Now, we are going to great lengths to

go into the thing wherever their offices
are.

W:

Well, that's fine.

47

-2HMJr:

And we started last night.

W:

Grand.

HMJr
W:

HMJr:

W:

HMJr:

I told Captain Kirk what we're doing.
Yeah.

And - I mean we're really spreading
ourselves on this thing.

That's very helpful.
Now, if you'd like to know what I
know, I - we picked up in Seattle
this, that during the last six weeks,
this particular country has been sending
their families back.

W:

Yes.

HMJr:

Just as rapidly as they can.

W:

Yeah.

HMJr:

And also for the last 30 days, that

same city, same residents have been

cashing in their life insurance policies.

W:

I see.

HMJr:

Now, I told them with that lead to check
it in Los Angeles and San Francisco

whether the same thing was happening.
W:

Yeah.

HMJr:

And we were last night into the offices
of every one of these companies.

W:

HMJr:

I see.

All over the country and we're going to
continue to do that every night. We're

also watching the families and the managers.

W:

Yeah.

48

-3HMJr:
W:

HMJr'

So, I'm doing a very careful job and
Well, that's tremendously helpful.
And if anybody else does it, let me

know because I don't want to get crossed

up.
W:

HMJr:

If what?

If any other department - if you hear
any other department is doing it we're letting O.N.I. know what we're
doing.

W:

HMJr:
W:

HMJr:

W:

HMJr:

Yes, yes. No, that's all that I know.
Yeah.

The other part of the report was that
orders have been given for no further
ships to be within our ports.

Well, that - they were - that - the
ships were to be back - out of the
Atlantic by July 30 to return home.

Out of the Atlantic. This did not apply
to the Pacific, then?
No, the first statement - the first

W:

statement said they should be at home
by July 30.
I see.

HMJr:

That was - that was - that was this

rumor.
W:

HMJr:

W:

HMJr:

Yeah.

And I understand this morning that O.N.I.
picked up exactly the same thing.
I see.

And I brought into it - I think our
information now - I think it's pretty
good.

-W:

It does not, then - the final report
on that, that you get does not apply
to the Pacific ports, merely to the
Atlantic.

HMJr:

Well, the report last night - I - they're

W:

I see.

HMJr:

coming in again at quarter of three.

And if I get any more - the report said,
ships to return to port by July 30.

W:

I see.

HMJr;

If that's particularly important, I'll

W:

ask them again.

That's very important indeed. There was
a report from one of our Consular officers
this morning that one of their ships had

left today one of their ports in order to

transit to Panama Canal to go to South
America, the east coast.
HMJr:
W:

HMJr:
W:

HMJr:

Yeah.

Which - which seem to be out of line with
that report
I see.

And I'm very anxious, of course, to check
on this as best we can.

If I might - are you getting - have you
got this from anybody else.

W:

No, I've had it from no one at all except
from yourself.

HMJr:

Well, I labeled it last night as "Water
Front Gossip".

W:

Yes, BO Dean told me.

HMJr:

And I'm not yet saying that it's going
beyond that.

W:

Yes.

49

-5HMJr:

But I really extended ourselves on this
to try to get beyond the Water Front Gossip.

W:

Fine. And you'll have further word this

HMJr:

They're coming in at quarter of three and

afternoon.

after they leave, I'll call you and we're
going

W:

Great. What time are you leaving for a...

HMJr:

Between 3 and 4, between 3 and 4, why?

W:

I have to attend the meeting of the

Inter-American Committee at 3 at the

Pan American Union
HMJr:

Yeah.

W:

If I could get a call from you just

HMJr:

I'll do that.

W:

HMJr:
W:

HMJr:

before three

It'd be helpful.

I'll do that.
Thank you. again, Henry.

Don't - let's leave it this way don't leave your office without calling
me.

W:

All right, I'll do that. I'll call you
just before three.

HMJr:

Right.

W:

Thank you, Henry. Goodbye.

50

51

July 3, 1941

11:00 a.m.
RE AID TO BRITAIN

(Conference held in Mr. Bell's Office)
Present:

Mr. Field
Mr. Keynes

Mr. Archer
Mr. Boddis.

Sir Frederick Phillips

Mr. Keyes

Mr. Childs.
Mr. Thompson

Mr. Brown
Mr. White

Mr. Kades
Mr. Cochran

Bell:

Harry, do you want to explain what the
conference is about? I haven't been in
on the last two.

White:

Well, it is possible that Mr. Childs may
have some of the information that the
Secretary asked him with respect to the
over-all purchases and also some of the
other material that he thought he might
have for this time. Then there may be

other things that they want to bring up.
Childs:

Shall I mention two things we do have?

Unfortunately, I don't have the over-all

material. It will take a long time. I
was surprised myself to find it would,

52

-2but they are in the course of compiling
that.

Mr. Boddis can speak for the Air Mission
and Mr. Archer for the BPC. They are
compiling it.

We would like a little advice as to speci-

fically what you would want here to be sure
that what we are getting would be what you
would like in answer to the Secretary's
request.

White:

Well, it was my understanding, and you can

check me up if it wasn't yours, that the

Secretary wanted something comparable to

what he had from Mr. Purvis several months
ago which was the total British needs broken
down by significant categories.
(Mr. Brown entered the conference.)
White:

The portion of those needs which they were
producing at home, the portion which they
were buying in the United States, and the
portion that they were buying in Canada or
planned to buy in the United States and
planned to buy in Canada.

That was my understanding of that particular
request.

Phillips:

What do you mean by needs? What do you

mean by needs, exactly? You are talking
about weapons?

White:

I think he had reference only to armaments.
I thought he had reference only to armaments.

Phillips:

That was my feeling, but some of our people

felt differently.

53
-3

-

White:

What was your impression, Merle?

Cochran:

He mentioned, I think, planes, tanks --

White:

Yes, I think that was --

Bell:

This is a little beyond the dollar require-

ments.

White:

Yes.

Bell:

It is the over-all picture.

White:

Well, he wanted the total picture.

Keynes:

He wasn't really concerned with the dollar

requirements. He wanted arms so that our
estimate could be added to yours, and he
could see the two together. That only makes
sense in terms of arms.

Cochran:

It was your military effort.

White:

And I think that is what he got from Mr. Purvis,
though I am not certain.

Childs:

Well, he asked for one other specific thing,

a breakdown of what is coming from the U. S.
under Lend-Lease and under cash, as I recall,

so that that would have to be a --

Keynes:

All commitments.

Childs:

Yes.

Keynes:

It wasn't all dollars, it was all commitments.

He wanted three things. What we are producing
at home, what we hope to get under Lease-Lend,
and under our own commitments.

Then he was going to aggregate that information
he would get from your sources about the

54

-4American effort and then he would have

White:

picture of it.
Yes. Now, see if I --

Bell:

Tie that in, I take it, with the capacity

of the two countries to produce, and whether

or not we should expand.
White:

Yes. There were some of those problems,

and I think that he was interested in them

and there may have been some others. He

didn't expand on it, so I don't know. But
I am not certain from your description,
Mr. Keynes, whether we are at one in our
understanding of what he wanted. I think

he also wanted the purchases of these armaments that you are making from Canada.
Keynes:

He did, yes, that is quite right.

Childs:

Yes, we have that.

White:

So that he would have a complete picture of

Bell:

Well, you are working on that, I take it,
and that will take time?

Phillips:

What he is getting on that he is working

it.

on, but there was that little difficulty

about dollars. I expect most of our figures

on the number of tanks and planes and so
forth - we should have to have some rough
estimate.
Childs:

That is particularly true of anything coming

under Lend-Lease, and that comes to the

second thing, which was the point raised
before; namely, all requisitions which we
have put in today.

55

-5You see, we are compiling that in each
mission on a quantitative basis, because
under Lend-Lease requisitions we have no

dollars, so we would have no way of estimating values. As a matter of fact, we have

got such things as spare parts for aircraft,
but no indication of what the spare parts
are but by quantities with reference to
the allocation of funds under the Appropriation
Bill; and then in other cases, there are just
general quantities.

White:

There may be numerous questions, Mr. Childs,

that would occur to him after seeing the

first list.

Childs:

We will put in --

White:

Not knowing specifically what he has in mind,
I don't know whether your presentation would

answer it, but if it doesn't, I take it that

he could suggest where he would like supplementary information or where the particular

information isn't essential.

Childs:

I took it that these were separate and distinct requests, weren't they? We will just

make them up then on the basis we are and

see what they will do.

White:

That was my understanding, yes.

Childs:

The next thing we had was the matter of -

did you have any specific things? I report
that unfortunately - we don't have any

Dominion sheets in here yet, do we?
Keyes:

No.

Childs:

The Dominions are struggling with their
inadequate forces to get these things up.

56

-6I talked with two of them again yesterday
and today, and they are getting them done

but they aren't in, and Thursday we will

have the stuff. They are just at the point
of putting them in, you see.
Australia is the furthest advanced on it,
because they had a bigger start.

White:

The only two items that we have to report
are one, the nature of the progress dealing
with the question of handling the numerous
small purchases from private individuals to
others. We had a meeting just before we

came here of Treasury men and the Procurement,

and though they don't like to commit themselves

at all, they think there may be some way of
working it out.
There was some doubt in their mind as to
whether that could be done as a review of
payments already made, and they raise the

question of the possibility of being informed of an order at the same time that it

was placed.

In other words, they - a duplicate order,

one going to the Procurement, one going to
the concern as customary. And that while

the concern was filling the order, they would
examine the order, see whether it met with
their criteria, which they would normally
apply, and they may then be in a position
to pay for it before the shipment without
in any way holding up the shipment.

That was merely one suggestion which they

had, and it is not definitive at all. They
are merely exploring the possibilities and

they promised to be ready early next week.

57

-7Bell:

They thought there was a possibility of

doing that?

White:

They thought there might be a possibility,
but they weren't sure.

Bell:

That is taking a lot of Government procedure,

White:

They may stick it right back.

Childs:

This small purchase memorandum we put in
before.

White:

The large problem of the large amounts, no.
This was the problem merely of the hundred

if they can be able to do that.

and fifty million dollars --

Childs:

I see.

White:

Of annual purchases. The other problem of
the larger amounts is something that is going
forward with Mr. - with General Burns.
The second point which we have a tentative
conclusion on relates to your question as
to whether or not the British Government

could be relieved of the necessity of paying
taxes on contracts to the States. The
lawyers have made some study of that, and

they will explain what conclusions they have

come to.

Bell:

You have studied it, Chuck?

Kades:

Yes, I have. In general, any tax which is
imposed upon the Federal Government or upon

the property of the Federal Government,

we claim immunity for. But we do not claim
an immunity for any tax imposed upon sales
of products to us or upon us or upon any

58

-8other type of excise tax. Consequently,
it doesn't seem to me that the State

authorities would be willing to - and I
doubt if they would have the authority
under their statutes - to immunize the

British Government from a tax for which
we, as the natural sovereign, do not claim
immunity.

There are no - there are statutory exemptions

in some of the state statutes relating to
sales to the United States in a few cases,
but as far as I know there are no exemptions
in so far as the - as any foreign Government

is concerned or specifically the British

Government.

Bell:

Which type of tax is involved here?

Kades:

There are three types of taxes.

Bell:

Are they all involved?

Kades:

Well, the personal property tax, which we
would normally contest, that is, the Federal
Government would. Sales taxes, which we
would not contest but which we do pay.

Bell:

As part of the purchase price?

Kades:

As part of the purchase price, and where
the contractor succeeds in passing it on

to us, of course, and use taxes which

we also pay when the tax is imposed upon

the contractor for the use of materials in

which he has the option of absorbing or
passing on, if he can make a contract whereby

we assume the tax. If he can, that is no
concern of the state. That doesn't oust
the state from jurisdiction, because we

have made a contract whereby we are willing
to reimburse the contractor.

59

-9Now, therefore, it seems to me that the
range is limited to personal property
taxes. Now, most of the personal property
taxes as I understand it are taxes upon
jigs, tools, dies, and items of equipment

that are in a plane factory awaiting inclusion in the plane or in the tank or
the ultimate article.

Bell:
Kades:

Is that material the property of the British
Government?

That material is the property of the British

Government.

Now, however, all that the British Government

has in so far as the jigs, tools, and dies,

pattern and that type of thing are concerned,

is the legal title. The beneficial interest

and the beneficial use of that is in the
contractor.

Therefore, if the Government - if the British

Government litigates the personal property
tax in California, for example, and succeeds
in establishing as a sovereign the immunity
of that personal property from taxation be-

cause the title is vested in the British

Government, it would be a comparatively

simple matter for the California Legislature
to amend the statute to impose the tax upon
the owner or the beneficial user, and that
is probably what they would do.

Consequently, I think that the only practical
solution we - we can have a lot of litigation
and try and draw up some fine spun theories

that might be successful, although I doubt

it very much - the only practical solution

is a tax convention which would be binding

upon the states and which would have some

60

- 10 type of reciprocal character.

Now, as to whether or not that is a practical
matter from the standpoint of the British
Government, I don't know; but I mean from

our standpoint it doesn't seem to me that
anything that we can do is going to deter
the states from the imposition of these
- the

the State

taxes are a violation of international

have taxes that the already because been they made by representations Department

accomodation and have been rejected by the

the state administrative officers and state
legislatures, so that the only recourse is
in the courts, and that is going to take a
long time with dubious possible results.
Childs:

We thought of this tax convention thing

at the time, and as a matter of fact dis-

cussed it amongst ourselves and with, I

believe, someone from the State Department,
I am not sure.

The only question about that was the possible

retroactive effect of it, as to existing -

where the tax is already accrued. It would
cost a lot of money. But I understood that

it didn't have very much chance at the moment

of there being something very similar, be-

cause something had been attempted like this

recently. But certainly it would be a superb
solution.

Keynes:

Childs:

How about that particular tax as compared

with all taxes?

I can't say about that particular tax, but
the total is valued at ten to thirty million

dollars.
Boddis:

Five million dollars.

61

- 11 Keynes:

For the single tax?

Boddis:

Yes.

Kades:

The personal property tax, sir?

Boddis:

Yes.

Childs:

I would like to take issue on one point
about the sales tax. I think we could there is about ten millions estimated sales
taxes which we think are entirely improper
because of this peculiar theory of the
State of California Tax Administration.

In effect we have taken title in the state
and we have taken possession and so on on

the old Japanese oil tanker case, and we

do think that is worth contesting.

Now, whether the personal property tax

could be levied is another question, because it could be contested. On the use
tax, of course we have less defense. But
still there is an area in which some hope
of success, if the contest is made, exists,
and we would like to do something about it.

Now, of course, if you don't think you could
help us yourselves by any particular move
you could make, we feel that we are about
at the point where we ought to do something
ourselves.

Kades:

Well, as I understand it the State Department has done all it thinks it can do.

Childs:

It has been going along fine.

Kades:

The only other department - we are rather

a liaison in this. The only other depart-

ment that could actually do anything would

62

- 12 be the Department of Justice when it would

intervene in litigation, and we could, of
course, take that up with the Department
of Justice although I assume that the State

Department must have done that.
Childs:

I don't know.

Kades:

I should think it would have. As I say,
I don't know either. We can take this

matter up with the Department of Justice

and secure their reaction to it, but in the

past we have worked pretty closely on the
question of these state sales taxes and

their position is - as a matter of fact,

it was an opinion of the Attorney General

within less than a month - reiterating the

position that the Federal Government should
not contest state sales taxes imposed upon
a contractor on sales to the Federal Govern-

ment.

Childs:

Oh yes.

Kades:

Because, of course, that --

Childs:

Of course, we have --

Kades:

It is a question of delicate balance of

revenue. The states secure their revenue

in that fashion, and these taxes are, of
course, non-discriminatory. If there is
any tax imposed on sales to the British

Government or the United States, I am not

speaking of that type of tax, I wouldn't
hesitate to contest that; but these are

general non-discriminatory taxes on private
individuals which are passed on to the

Federal Government or the British Government

simply by reason of the type of contract
that is entered into by that Government.

63

- 13 Bell:

They are passed on to the ultimate pur-

Kades:

That is right.

Bell:

chaser.

They are passed on to the final purchaser,

whoever he may be.
Kades:

There are taxes that are imposed upon the

purchaser. That is not the type of tax

I am talking about, because that is analogous
to the property tax which we feel the Govern-

ment is immune from.
White:

Well, you spoke of a convention as being
one possible way out of the position on
taxes. Would a convention, even if consumma-

ted, apply retroactively?

Kades:

Probably not. But there are a good many -

well, as far as I know, the - as far as
personal property taxes are concerned, that
five million dollar estimate doesn't cover
property taxes already asserted, does it?

Boddis:

No.

Kades:

Because I have only heard of a hundred and

sixty-two thousand out in the Lockheed plant

and some other several hundred thousand dol-

lars in the Douglas plant.

Boddis:

No, that is the total figure.

Childs:

Of course, a convention even if not retroactive would have definite value.

Kades:

And it would indicate a national Congressional

policy, too.

Bell:

Would it have to be ratified by each state
in order to be effective?

64

- 14 Kades:

White:

Kades:

No, it would require a two thirds vote of
the Senate.

well, is that something that you would want
to explore and if so, what channels would
be the appropriate -Well, the Bureau of Internal Revenue for
years has been anxious to enter into a tax
convention on various points with the British.

I don't think it need be a general convention.

It could be limited to substantially this
type of situation.

As far as the Bureau is concerned, I know

it would be willing to cooperate. I think
it is a matter probably to be taken up with
the State Department.

Bell:
Kades:

You mean a convention between the two Govern-

ments, not a convention of the states.
Oh no, I mean a convention between Great

Britain and the United States, which would
be binding by the Constitution upon the
states.

Phillips:

What would be the scope of this convention?

White:

I imagine you could delimit the scope before
you began.

Phillips:

My theory has been that in cases where the
Federal Government itself would settle the

value. But that still leaves our two big
cases.

One is the personal property tax, and the

other is this peculiar little category I
can not understand. As I understand, the
effect of it is that if we take delivery

65

- 15 -

of material in California, we pay the

tax whereas if we handed over to a common

carrier to take out of California, there

would be no tax.
Childs:

That is right, sir.

White:

Is it possible for you to arrange that
latter arrangement?

Childs:

Mr. Boddis has spent many sleepless nights

because even if the Army sends out a pilot
to take possession of a plane out there,

they say that that is properly taxable in
California because we have through the

Army pilot acquired possession, a right

to control, which is taxable.

That is the position they take.
White:

Well, is that something which you could be
of any assistance on?

Kades:

Well, that particular - Mr. Roseveare gave
he had written from time to time.

me a number of memor anda, copies of which
Childs:

You see, they have taken a very stiff position
with the Japanese. If they help us they help
the Japanese, too.

Bell:

You mean with a general ruling?

Childs:

Yes.

Bell:

Is there any way you could take delivery of
these planes across the state border?

Kades:

everybody approached not only by

the State Department on this point, but
by your counsel and by counsel for aircraft

66

- 16 companies out there, and according to the
tenor of memoranda, copies of which Mr.
Roseveare gave me yesterday - you sent them
to me.

Childs:

That is right.

Kades:

I gathered that he wasn't very hopeful about
convincing the California authorities on

that point, that it was a question of liti-

gation.
Childs:

That is right.

Kades:

And litigation is going to take a long time,
especially as it is starting now when the
courts are about to recess for the summer.
Ultimately the British may establish their
position successfully in the courts, but I
just don't feel that that is a practical
solution.

White:

Well, do you feel that the Treasury has any

special position by virtue of its prestige
or special position which could help to
convince California of the - the State of
California that they may be unreasonable

in this?

Kades:

No.

White:

Then there is nothing further that you could
suggest that the Treasury could do to help
them in this problem?

Kades:

Except to take the matter up with the
Department of Justice in the event that

litigation starts for the filing of a brief

by the Government.
Childs:

Of course, there is a question about whether
we want to go out and put ourselves before

67

- 17 the public as trying to evade American
taxes when the Lend-Lease and such things

are helping us.
Phillips:

Well, we have got to explore this idea of

White:

That may present interesting possibilities

a convention, haven't we?

because you can - I understand you can

delimit the - you can arrange the terms of
reference, consider those items which you

want and Mr. Kades says they have been
rather eager to have some such arrangement

for a long time.

Kades:

We were - may I just - to illustrate that
point, we were about to enter into a convention with Great Britain in connection
with airplane companies - I mean air transportation companies - when the war broke

out, under which British corporations
flying planes to the United States would

be exempt from all income taxes, Federal
and State, and American corporations flying
planes to Great Britain would be exempt

from all British income taxes. This -

and the convention was limited to that

particular subject matter.
On the other hand, we have discussed from

time to time general tax convention with
Great Britain over a period of many
years, which seems to be impossible to
achieve, but I think that some more limited
tax convention might solve this problem.

Phillips:

Surely there must be a convention on shipping,

Kades:

By reciprocal legislation on shipping, sir.
That would take care of that California
si tuation, wouldn't it?

Cochran:

isn't there?

68

- 18 Kades:

A convention would, yes.

Childs:

In the future. Of course, it would not be
retroactive. I would just like to suggest
one, as to the future, the convention is
the best thing. If that could be examined
on both sides.

Two, as to the past, you feel that there is
no affirmative action you could take outside
the possible approach to the Department of
Justice with respect to a possible contest
on personal property taxes only and sales

taxes too, for that matter, because that

is a very large item in California. As to

the past, I would like to be able to frame some
sort of a specific action with which we could

join because we have certain things such as
a large amount of taxes due on July 21. We
have got a time element there, and we would

like to take some steps if there are any.

Of course, we don't want to take any steps
without your approval and the approval of
the State Department, since they have been

in it, and as I say, the extent to which our

people would be willing to go in view of
the publicity and everything, that is another
question too, but I would like to be able
to examine that, you see.

Kades:

Well, I can only speak from the standpoint

of the Legal Division, but I wouldn't see

any objection to your taking any steps you

care to take from the standpoint of our from that standpoint. I mean, there may be
policy considerations but there isn't any

way in which our position would be embarrassed,

our position vis-a-vis the States, by any

action you might take. I will be glad to

discuss this matter with the Department of
Justice Tax Division.

69

- 19 Childs:

With a view to some specific action vis-a-vis
the Tax Divisions and possibly courts later
on?

Kades:

It would be with relation to the courts.

Childs:

Yes.

Kades:

But all sources of approach to the State
of California tax authorities have already
been exhausted, as I understand it, by the
State Department. They have written letters
and tried to get legislation and have done
everything that is possible.

Childs:

I should say, rather, they have been opened
rather than exhausted, because we could

still go out there and with the representations

of Secretary Hull, say we would - we now want

to push this thing specifically. We are

coming out there because we are personally

interested. We are coming out as personal
representatives to see what we can do with
this representation of the State Department
in our pocket, you see, we have never done
that yet.
Bell:

Who has been the contact with the State of
California?

Childs:

Mr. Hackworth.

Bell:

Somebody in the State Department and not

a representative of the British Government?

Childs:

Oh no. To my knowledge, we haven't been

in direct touch with them, have we?

Boddis:

Bell:

No.

Chuck, obviously there isn't anything that

can be done between now and the twenty-first

70

- 20 -

of July, if that is when a large amount of
taxes are due, that could be effective.
Would it be possible for them to pay the
taxes under protest?

Kades:

Oh yes. Well, as a matter of fact, what
happens is that willy-nilly the contractor
pays the taxes and then bills the British
Government.

Childs:

Our contracts provide that he will pay under

Bell:

They protect their rights and then they
could do whatever they wanted to after that.
It might take months to work out.

Kades:

That is right.

Childs:

Then, could we have any sort of a decision
here as to whether it would be policy wise,
proper to go ahead with any specific action
of this nature?

White:

I don't know --

Bell:

I see no objection on our part for them to
contact the tax authorities of the State

protest.

of California or, for that matter, taking
any such legal steps as they might want

to take. You have got the question to
decide, it seems to me, for yourselves, as
to whether you want publicity in America
of bringing action against some state for
taxes since you are under the Lend-Lease.

That, I think, you will have to decide.
Childs:

The stakes are high.

Bell:

It wouldn't be worth very much on that.

71

- 21 Childs:

But
side?you would have no objection from your

Bell:

I can't see any objection from our stand-

point, can you?

Kades:

No, not at all.

Childs:

Well, the stakes are high.

Kades:

The French - not in connection with the
present war, but twice the French have
contested state taxes. One in Kentucky
on a personal property tax levied upon

tobacco which was stored by the French
Republic in Kentucky, and the Supreme Court
of Kentucky upheld the French Government
and abated the tax; and they also contested

real estate tax in New York City where the

court held the other way, but neither of
those decisions would be controlling, of

course, upon the California courts and they

might very well establish the point that as
a matter of international law, this tax

is invalid.

White:

That may distinguish this kind of an action
from other types and remove it possibly
somewhat from the realm of trying to avoid
paying taxes, even though it is a legal
avoidance.

In other words, what the issue might be is

a matter of international law or the sanctity
of some principle which you are fighting
for rather than the ten million dollars.

There may be some possibilities of that
character which you might want to explore.
Bell:

But these are on commitments that you have

already entered into.

72

- 22 Childs:

That is right, we and the French.

Kades:

Of course, it seems to me that the state
authorities are unreasonable in some

respects. As I understand it, in the case

of Lockheed there were some propellers that
the British purchased from the Hamilton
Propeller Company's Division of United

Aircraft but were in the Lockheed plant

on the date on which the assessment was

made, and if they hadn't been there on that
particular day, they wouldn't have been
assessed; but I suppose the assessing

official felt that he was merely a ministerial officer and he saw it and said, "Who
does it belong to, the British Air Ministry,"
and consequently included it in his return.
But the administrative discretion should
have indicated to him that that might have
been included.

White:

I am wondering whether in pursuance of the
thought Mr. Childs had, whether there might
be any use - whether it might be appropriate

if the appropriate authorities in California

were approached, possibly by the Treasury,

with a view to relieving them of that tax

burden on the grounds of the essential problem

of building up their foreign exchange, et
cetera.

That is, is there any use in introducing

that consideration with them which would

put it on a somewhat different basis than

probably what the State Department or your-

selves could put it on? Something of that
character may have been in your mind. Is
there any --

Childs:

It would be most interesting.

73

- 23 Boddis:

There is one of particular difficulty with

which that might be done, I think, and that

is in connection with the flying of air-

planes away from California.

There is a question as to whether we must

take title until these airplanes have been

flown over the border. Now, the Army have
set up a ferrying corps and they are going

to take over the ferrying work. This business

has been set up nicely and works smoothly, but

not unless we take title to the airplanes in
California before the Army starts flying,
so that merely because the Army are doing

something to assist us, the State of California
suddenly gets in the case of a Lockheed machine

three thousand dollars that they didn't get

before.
Brown:

Well, Mr. Boddis, we are trying to work out

some scheme whereby we will get a directive
or something under Lend-Lease machinery which

would take care of that question of title
and see if we couldn't get the title - have
something from you transferring the title
to the Army.

Boddis:

So much the better, but we have been trying

Bell:

We did have an arrangement, didn't we, where

for the last month.

the title passed as It went across the line?
Couldn't that be worked out so that the title
under the Lend-Lease in the first instance,
as it went across the state line, would pass
to the British?

White:

Except as I gather these planes are not under

Lend-Lease.

Bell:

They said they were trying to work out some
arrangement.

74

- 24 Brown:

We have been trying to see if we couldn't
work out something whereby the British

could direct the company to deliver title

and possession to the United States Government representative and whereby we could

secure a directive for the Army to take
title and possession of the Lockheeds from
the company so that we could get the title
right into the United States Immediately
after it came from the plant; and when the
plane got up to Montreal, which I believe

is the place it goes to --

White:

I remember Mr. Cox spoke about it.

Brown:

We would turn it over to the British.

Bell:

That would have possibilities, wouldn't
it?

75

- 25 Kades:

White:

Yes, something along that line.

Do you think that it might be explored a
little more between themselves, Dan, as to
these various suggestions of possible assistance,
et cetera?

Bell:

Yes, with the Lend-Lease organization, because
that seems to me to have some promise.

Brown:

We think so. Of course the company counsel

Bell:

It is terrible when the United States Govern-

is very cautious, inherently.

ment has to work out arrangements where it

beats the states out of taxes. (Laughter)

White:

Or I think probably the United States Government has a vested interest in seeing that

appropriate principles of international law
are adhered to in principle as well as in-Bell:

Like stealing candy from children.

White:

Talking about international law, "God Save

America.
Kades:

I think that in so far as existing cases are
concerned, it would be advisable for us to

discuss the matter with the Department of
Justice to determine whether or not they would
be willing to intervene and for discussions
with Lend-Lease to continue to determine
whether or not some devise may be worked

out in so far as the sales tax is concerned,
the title passes outside of the State of
California, but on the problem as a whole
and on the - as to future taxes and as to
taxes that are being asserted, as I understand it, in Michigan, Connecticut, Ohio,

Illinois, as well as California, I think

that some way of approach should be made

76

- 26

to
the
Department about the desirability
of a
taxState
convention.
White:

Well, I take it that the initiative for that
well come from you (Phillips)
ifconvention
you feelmight
like it.

Phillips:

We should like to discuss it with them.

White:

And with respect to the other matter, will
you (Kades) take it up with Childs and Mr.
Brown?

Kades:

Yes.

White:

Will you make it your business?

Kades:

Yes.

Bell:

And you will also discuss with the Department

Kades:

Yes. I just want to be clear that the particu-

of Justice such possibilities?

lar case you have in mind to go to bat on immediately

in California is the personal property tax

case, is that it?
Childs:

And sales.

Kades:

Do you have a sales tax case also?

Childs:

We have got lots of sales tax cases. We will
try them both, if you agree that we have a
case that is worth talking about.

Bell:

All right?

White:

That is all that we have, Dan.

Childs:

Well, how about the small purchases memorandum

that you wanted to discuss?

77

- 27 Thompson:

All small purchases?

Childs:

Yes, that one there.

Phillips:

Well, we put in that memorandum, you remember,

as to the commitments on the basis that an

urgent case that fell below five thousand

dollars as in the case of the British Air

Commission or fifty thousand dollars a week
should be placed under dollars.

Well, now, do I understand that the first
part of that, the British Air Commission part,
covers the points in the memorandum?

White:

Well, we are going to circulate the memo-

randa. You will probably get it. The discussion of that point will be ready at the

next Secretary's meeting.
Phillips:

Monday afternoon?

White:

Yes, at the next meeting. The men have not
had an opportunity to examine that.

Phillips:

Well, there is a--

Bell:

Is that the next meeting, Monday afternoon?

White:

Tuesday, I thought.

Phillips:

There was a second part of that memorandum.
You remember the memorandum dealt with the

Air Commission and the other, and I think

we would like to make some slight amend-

ments in that second part.

White:

If you want to submit it, we will send it

around.

Bell:

What else?

78

- 28 Phillips:

White:

I have got one urgent case this morning

perhaps I ought to mention here. It relates
to the Virgin Islands which I understand are
the United States' territory.

If they are virgin, they are our territory.
(Laughter)

By looking at the stamps, I should think they

were English.

.

Keynes:

Phillips:

Weren't they Danish at one time?

Bell:

Yes. But they are American territory now.

Phillips:

This British Consul went down to the dock
and planned a shipment for Liverpool; and,

being of an inquiring disposition, he dis-

covered there was some empty space on that
ship, whereupon he went and bought some local

sugar and filled up this empty space, and he
spent eighteen thousand dollars on buying

sugar in the Virgin Islands to send to the

United Kingdom, and the British Food Mission

is trying to put that under Lease-Lend and
want a ruling. Can this be put up under
Lease-Lend?

White:

Let me see if I--

Brown:

It is already paid for?

Phillips:

It isn't paid for yet. It can be got under

Lease-Lend. The only point is whether,
under those circumstances, you think we

ought to do it.

Brown:

When was this done?

Phillips:

A day or two ago, I think.

Childs:

Is it on its way?

79

- 29 Phillips:

White:

Yes. Eighteen thousand dollars. If it had

been under five thousand, of course we would
have put it under this memorandum.
Yes.

Mr. Brown?
Brown:

If you want to, I think that is a question

of whether you want to use the dollars or not.
White:

Brown:

Well, I say that is the question that he is
putting to your organization, I take it.
I didn't understand it that that was our
responsibility. Whether you wanted to use

your dollars or not - our responsibility is
to see if we can save you dollars when you
want to do it.
Phillips:

Well, we will say offhand now that we won't

White:

The question is whether they could put this

have this under Lease-Lend.

under Lend-Lease or whether they have to use

dollars.
Cochran:

But you prefer to conserve your dollars.

Phillips:

We want it under Lease-Lend; but, if you think
in the circumstances I described we oughtn't

to do it, I wouldn't.

Keynes:

He is a little shy and wants some encourage-

ment.
White:

Do you understand--

Bell:

You don't care about the circumstances, particularly, do you Brown?

Brown:

Not at all.

80

- 30 Bell:

They will have to put in a requisition and
state the circumstances and what happened

and request that it be brought under LendLease.

Brown:

That might - when does your ship want to go?

Phillips:

I am not--

Brown:

When does the supplier want payment? It
might involve a delay which would hinder you

considerably, but I see no objection.

Phillips:

All right, I will tell them to put the requi-

Brown:

Procurement might not agree with the price.

Phillips:

The Ministry of Agriculture?

White:

You might not agree with the price?

Brown:

The chances are Procurement might not.

White:

The chances are they bought the sugar at the

sition in and fully explain the circumstances.

right price.
Bell:

Well, let's put it in, and then get a decision
on it.
What else?

White:

Well, Dan, what we have been doing, if there

is time, is to go over these requisitions.

Now, there are some decisions that have been

made, I take it, on certain ones already,
and we will quickly indicate whether they

have been approved or disapproved, whether
they have been approved for Lend-Lease or
disapproved.

(To the Reporter) Get these figures, because

81

- 31 I will have to copy them.
Bell:

The first one is recruitment of technicians
for Civilian Training Corps. One million
five hundred thousand and the approximate
maximum, twenty-three million. They have

got that on an annual basis. I take it
that is what that means. Is there any
explanation that goes with this?

Cochran:

It is the next page.

Brown:

Our office feels that that could not be LendLeased because we can't see any defense

article or any defense information to which
the expenditure would be related. Inasmuch

as it involves entirely recruiting of people
to go to England and to deal with English
articles.
White:

This item came up before, didn't it, something equivalent to it, and wasn't there
some suggestion on the part of Mr. Cox?

Brown:

That it might possibly be worked out in connection with some radio locator or something
which we were either building or procuring
for the British under Lend-Lease funds and
if that were so we might be able to work out

a good deal of this, but apparently that is

not the case, and we can't see how we can
relate
it to any defense article or information.
White:

In other words, you have already examined it

but with this particular problem in mind and
you don't find any relationship.
Keynes:

If these men were being trained to use some
instrument which would be useful to you here-

after when they had their training, then it
would be possible, wouldn't it?

82

- 32 Brown:

No, sir, let us assume that these men would
operate radio locators which were being
bought here in this country for you with
Lend-Lease funds. We felt that then we

could take in the additional expense of training and maintaining the operators as being
an incidental to the procurement of the
defense article or being considered to be a
disclosure of defense information to you,
but--

Childs:

You can't give information except with a
Lend-Lease article supplied under the act,

so unless the article is supplied under the

act, you can't tie it up with this.
Bell:

Well, you can't consider this as part of our
training program.

Keynes:

I was thinking of something like that. Put
it not under Lend-Lease, but under your

Army program. This is the cost of training
the American civilian in a very important

new technical device.
Bell:

For national defense.

Brown:

Well, if the Army wants to use some of its

appropriations for that, that is - my only
ruling is that we can't use the Lend-Lease
Appropriation to do that.

White:

Well, supposing that the suggestion which
has been raised here, in pursuing that, that

the Army might regard this as part of its

own potential trainees and would wish to

pay out of their funds - would that in any

way involve the Lend-Lease?
Brown:

No, sir.

White:

Then that is a problem to be taken up directly

83

- 33 with the Army.
Brown:

White:

Keynes:

Yes.

What is the channel through which that might
be done? Do you have any regular channel or--

Mr. Boddis has a criticism on it. He says
the training ought to be technical and that
these people are already experts.

Brown:

The "Civilian Technical Corps" is a misprint
in there.

White:

That is "Civilian Technical Corps" instead of
"Training Corps."

Bell:

They are already trained.
Now, aren't they going abroad?

White:

And getting more training.

Phillips:

They are experts who are going to be put on

to a special job of handling a particular

new machine, and it will take them two months

to get used to handling that machine.
Bell:

Is this expense training them in this country?

Boddis:

They are being trained in England.

Bell:

I see.

Childs:

This is really an expense of getting them and
getting them over there.

Cochran:

These are American citizens being taken over
there.

White:

Then the only way in which the Army might

84

- 34 -

regard that as falling within the purview of
its expenditures is that they might say that
these men are going over there and they are
going to get a lot more experience under

actual war conditions, and that will be
Keynes:

White:

useful to us in the future if they survive.
I think so.

Well, that might be worth exploring, in any
case. What would be the appropriate liason?
Do you have one or do you want Treasury to

attempt it?

Boddis:

It would be very useful if you would, Dr.

White.

White:

Supposing we raise that question with the
Secretary, then?

Keynes:

The matter goes to the Secretary on Tuesday,

White:

Yes.

Keynes:

The major matters of policy.

White:

Is the twenty-three million dollars involved?

Cochran:

That is the biggest item on the sheet.

Phillips:

If they get thirty thousand men, that is the
estimated cost in dollars.

Keynes:

Is this the families' allowances, including

doesn't it?

that?

Phillips:

Yes.

White:

I take it if the Army felt it was a necessary
part of the training, the entire expense would
be one which they--

85

- 35 Brown:

It is the expense of recruiting them export-

ing them to Canada, the expense of the dollar

payments they would be permitted to send

their families in this country.

Keynes:

Bell:

Brown:

It is only eight hundred dollars each for
thirty thousand.

Supposing you had a - you are going up for
another Lend-Lease Appropriation. Would
its language be different than the one we
now have so that this thing could be done?

The difficulty here, Mr. Bell, is with the
language of the Act itself.

Bell:

The basic law?

Brown:

Which differs from the appropriation bill.

Bell:

But you can do a lot in--

Brown:

Oh, yes.

Bell:

Getting around the basic language by writing

the appropriation language. I should think
this would be just as important as furnishing

a machine gun.
White:

It will have the advantage, at least, of
being of use to us in the future.

Bell:

Yes. Well, the answer is, from Lend-Lease
quarters, "No," for the moment.

White:

Then it is disapproved for Lend-Lease, but

will be taken up with the Secretary with a
view to seeing whether he would wish to
approach the Army.

Childs:

It is out of this in any event.

86

- 36 Bell:
Brown:

Thirty mechanics to assemble aircraft at
Takoradi.

That is O.K. from the point of view of the

Lend-Lease.

Bell:

And you pick out the little ones, don't you?
This is very small.

White:

That is item thirty-four, approved.

Bell:

Yes.

Twenty DC-3 aircraft, annual cost, eleven

million three hundred fifty.
Brown:

That one involves certain policy questions
as well as the Lend-Lease questions. Mr.

Cox's feeling about that is that the best
thing to do was to put in a requisition for
the whole amount. There is a very large

part of it that we are quite sure can probably
be Lend-Leased, and we have some thoughts as

to how we should do the whole thing, but we

haven't been able to crystallize that yet.
Bell:

The answer is then, it has tentative approval
and a requisition should be put in.

White:

Well, wouldn't you want to then handle that
merely as approved for requisition, except
that you are suggesting that the requisition
that is submitted be increased by the total
expenses involved?

Brown:

No, I was suggesting that a requisition be

put in for the full amount, but I just wanted
to tell Sir Frederick that we weren't entirely
sure yet that we could take care of the whole

amount.

Phillips:

You did think you could take care of a large

87

- 37 -

part of it?
Brown:

Phillips:
Brown:

Oh, yes.

Twenty aircraft is a tiny part of the cost.
For example, the la, 1b, 2a, 2b, 2d, all of

those we could certainly take care of, and we
think we have found a way in which we can

take care of a lot.

Bell:

Good.

White:

Supposing we just put down "approved" here,
because that is merely approved for submission.

Bell:

Aren't they all approved that way?

White:

No, they don't submit--

Bell:

No, I mean when you say, "Approved," aren't

they all submitted in a requisition?

White:

That is right.

Bell:

Repairs to a Hudson "V" aircraft, thirty-six

White:

Number thirty-six.

Brown:

That is O.K.

Bell:

Approved.

White:

Thirty-seven?

Bell:

Modifications to Lockheed aircraft, twenty-

thousand dollars.

six thousand.

Brown:

I take it that is a recent--

88

- 38 Keyes:

Mr. Thompson put this up. We are not sure
that Lend-Lease can meet our requirements.

Thompson:

On grounds of urgency.

Brown:

Legally it would be perfectly all right for

White:

Have they made their decision yet with respect

Phillips:

Yes.

White:

And your decision is to pay dollars?

Bell:

It is approved, but they won't submit it,
is that right?

Lend-Lease.

to the urgency of it?

Thompson:

Then we shall have to decide whether the

White:

And that decision you haven't made yet?

Thompson:

Yes, until we have heard from the aircraft

time limit of the urgency--

people.
White:

Lease-Lend?

Thompson:

Yes.

White:

Approved.

Bell:

Machining of Bristol crank-shafts, sixteen

thousand. Interest, sixty-six dollars fifty

cents.
Keyes:

That one, I believe, you threw out, Mr. Brown.

Brown:

Well, we felt considerable doubt about that.

It is a question of finally fixing the price
of a pre-existing contract. It is a very

89

- 39 small amount, and since there is reasonable

haste about it, we think-Phillips:

It is all capital, isn't it?

Keyes:

No, it is machinery.

Boddis:

It would be a very difficult case to handle

Brown:

under Lease-Lend.

We have some doubt as to its legality. If
you want us to, we could probably work it,

but we prefer to have you use dollars for it.

Bell:
Brown:

Childs:
Thompson:

You will look at it, if they will submit the
requisition-We think it - it is practically a very difficult one, and it is legally rather doubtful.
Shall we submit a requisition on this?
Mr. Boddis thinks it is so messy that we
ought to spend dollars.

Bell:

It doesn't involve a lot of money.

Brown:

We will say dollars.

White:

I think maybe it would save them a little

trouble on some of these small ones, and

we can be a little more urgent in our requests
that they go to more trouble on some of the
larger ones.

White:

Thirty-nine--

Bell:

Flight testing of Baltimore aircraft. No
amount.

Brown:

Well, it is a certain amount per plane. It

would depend entirely on the number of hours

90

- 40 -

that the testing took, I gather, but that

is all right.

Bell:

You can pay for that?

Brown:

Yes.

Bell:

O.K.

Brown:

There is no contract yet, is there?

Keyes:

On that one, Mr. Boddis, I think there is an
awful lot of urgency.

Bell:

Approved, Harry?
Seven hundred thousand fuses, number two

thirty-one-White:

Number forty.

Bell:

One million three hundred thirty-two thousand.

Initial payment, thirty-six.
Brown:

That is a case where the contract was entered
into before March 11, but the contractor has
fallen down very badly and is completely in
default and the British wanted to make a
contract with somebody else to do the same

job. We don't feel that that would be a -

that would be a new contract with a new con-

tractor, and we don't feel that would be
running counter to Mr. Smith's testimony
because, although it amounts to taking over

the British contracts, it is only because
the other fellow fell down on the job.

Bell:

That is relief under the three hundred million.

White:

There would be more defaults and more relief?

91

- 41 Field:

In that memorandum, submitted for decision
whether BPC should place the contract,
whether funds would be made available under

Lease-Lend. With that decided upon, further
it is wondered whether the Lease-Lend would

be at the higher or lower prices and whether
pending issue of the Lend-Lease contracts
the BPC can instruct the contractor to begin
work.
Brown:

That Lend-Lease machinery will involve some

delay. Naturally, it would have to in a

number of cases undertaken with the contractor.
If Lend-Lease machinery results in a lower

price, he will make up the difference.

Childs:

That is the case with all contracts we had
to take over. You are proposing simply to
guarantee them against loss if they will get

on the ball in anticipation of U. S. contracts.

Field:

Yes. It has certain possibilities. We would

rather the second contractor would take over.

Thompson:

The higher price arises from the fact that

he will be taking over slightly higher priced
sub-contracts instead of placing new sub-

contracts at a lower price. That higher

price would represent speed.
Field:

Yes.

Childs:

Then all you are questioning is the difference
between the U. S. price and our price. That

is all we lose.

Field:

Tell the contractor to go ahead and take over

what he can and guarantee to him we would
make good to him anything that the Lease-Lend

contract can't reimburse him for.

Bell:

How would you look on that?

92

- 42 Brown:

There would be no objection from our end.

Field:

Then he can get on with the job.

Bell:

In other words, the British Government
might have to pay out twenty-nine thousand
dollars under that arrangement?

Field:

Yes. That is the difference between the

higher and lower prices.
Bell:

At the maximum?

Field:

Yes.

Bell:

All right.

White:

Forty-one.

Bell:

Boxes for ammunition and labor cost of packing,

thirty-six hundred dollars.

Brown:

That is extremely urgent in order to get a
ship.

White:

I didn't know we were producing that much.

Bell:

Thirty-six hundred and twenty-eight dollars.

White:

We are doing well.

Phillips:

It is urgent and--

Bell:

Comes under your five thousand limit.

Thompson:

It is represented as being urgent.

Bell:

It is all right for Lend-Lease, if you want
to take the time.

Childs:

Is that clear, that it is definitely urgent?

93

- 43 Cochran:

Well, there is a note here.

Thompson:

It is represented to us as being urgent, and

therefore will pass for dollars.

Childs:

Where do we get that, the War Department?
Maybe we had better put down dollars.

Bell:

Stationery, printed forms, et cetera, already
ordered, it says. The balance - oh, no, you

have ordered five hundred and sixty dollars,

and the balance due is fourteen forty. That
is another small one.

Thompson:

That was in the case of a ship which was leaving.

Keynes:

Dollars.

Bell:

Crude sulphur, twenty-two hundred and sixty-

Thompson:

That is shifting the crude sulphur from an

Bell:

Oh, that is just handling between ships?

Brown:

Dollars.

Bell:

Dollars?

Brown:

Yes.

Bell:

No more?

White:

Yes.

Childs:

Here are two on the next page.

Bell:

Covered copper wire, thirty-two hundred and

six dollars.

Italian ship. It is not the crude sulphur
itself.

fifty dollars.

94

- 44 White:

Number forty-four.

Thompson:

That is represented as most urgent.

Bell:

Dollars then, is it?

Thompson:

Bell:

Yes.
O.K.

Small cutting tools, twelve hundred and sixty
dollars.
Thompson:

All those are urgent.

Bell:

Urgent?

Thompson:

Yes.

Bell:

These are all right, I take it, Brown, for

Lend-Lease, if they want to--

Brown:

Yes.

Bell:

Go through the machinery.

Childs:

This is dollars here.

Bell:

Yes.

Phillips:

What is the last one?

Bell:

Three hundred forty-five small camp stoves

and forty-five generators for those stoves,
nine hundred ninety-two dollars.
Thompson:

It is the first part of that that is urgent,
nine hundred ninety-one, isn't it, or nine
hundred ninety-two?

Bell:

Nine hundred ninety-two.

- 45 Thompson:

That is urgent and recommended for dollars.

There is a further part of that contract which

we hope to have Lend-Leased. This is the

urgent portion of it.

White:

That additional part is not indicated here.

Brown:

As I understand, the whole thing was previ-

ously approved for Lend-Lease, but you were
in such a hurry that you wanted to use some

dollars on it.
White:

Merely as a matter of interest, when they
specify a thing being urgent, and you therefore taking it out of Lend-Lease,
is that urgency a matter of days, and when
they have it under Lend-Lease, it is a mat-

ter of what? Likely to be?

Thompson:

That is a point we should like to get sharper
in our own minds. The time limit which makes

it really urgent. Things are put to us as
being urgent, possibly.

White:

You have some idea of that. I wondered if
Mr. Brown could give us some idea what happens
when it goes to Lend-Lease?

Bell:

The question raised in our minds, I take it,
is why we can't do it as quickly under Lend-

Lease?
Brown:

Because in a number of these cases the contractors have almost completely negotiated

by the time it comes up here. Therefore,

the work would have to be done over again.
At least a check would have to be made
which would certainly involve more time.
Bell:

That is he only delay?

Keynes:

What is the delay, a matter of one week or

96

- 46 three weeks or six weeks?
Archer:

It varies a great lot with the commodity.

Kades:

That is exactly what we are working on.

Field:

That is why we asked for up to a thousand to stop there.

Childs:

There is a great deal - as a matter of fact,

White:

we have already arranged in terms of time to
examine that situation, because a successful
operation of this depends upon the speed with
which they can handle it, and General Burns
has already taken up that question.
Because I should assume that many of your
purchases you would make, the bulk of them

could legitimately be classed as urgent.

Childs:

The whole war.

White:

And if something could be done to speed up--

Brown:

When it comes to catching a ship or something

White:

Yes, and where the amount is large.

Keynes:

It might be useful at a later date to have a
return of what the time lag is or if we should
have to put up to this committee at intervals

like that--

any requisitions where the lapse was more than
a certain amount so that we could inquire why.

Brown:

That would be very helpful, and we would see
what we can do to speed it up.

Thompson:

In your machinery is a revolving fund which
we should like to get working absolutely
smoothly in some cases, and it will save
quite a lot of time. Mr. Archer knows

97

- 47 something of the operation of that.
Archer:

That has been used in several cases.

Thompson:

But we will try and get clear in our minds
where the operation of that may enable us to
have more speed.

Bell:

Many of these items have been disapproved

because of the urgency of the case. I should

think you ought to be a little careful that

you don't use them for precedents in the

future and say we have already passed on that

category, and there is no use of going into
it again.
Brown:

Well, in considering these various items

before a meeting, we have examined each one

pretty much de novo with the general idea
that you mentioned.

Bell:

Is that all?

White:

I will fix this up with Sir Frederick's
signature.

Bell:

Yes.

Childs:

That is the signed copy.

White:

Yes, this is the signed copy. Do you have

another copy which has been made for this--

Bell:

That is the Secretary's signed copy?

White:

Yes.

Childs:

How many copies can we leave?

Keyes:

We can leave three.

98

- 48 Cochran:

Here is a copy.

White:

All right, this will be enough.

Copy to Foley

3
July 3, 1941

1:54 p.m.
HMJr:

Operator:
HMJr:

Senator

Hello.

Senator Herring.
Hello.

Herring:

Hello, Clyde Herring.

HMJr:

Yes, Senator.

H:

Say, I have a wire from Des Moines and I

took it up with your office this morning

HMJr:

Yes.

E:

It's in connection with a request of the

Register & Tribune to be permitted to publish
a mimeograph line drawing 4 X 6 in connection

with a campaign they are putting on for

Postal Savings Stamps.
HMJr:
H:

Yes.

Your Legal Department states that they would

have to advise us partly; it is an administration question that would have to be determined by the administration of the office
rather than the legal department.

HMJr:

Yes.

H:

They are very anxious. They are putting
on a campaign in July and are anxious to

get a reply. So I have to bother you.

HMJr:

Well

H:

Miss B

or someone in the

legal section has the file.
HMJr:

What paper wants it?

H:

The Des Moines Register & Tribune.

99

100

-2HMJr:

They want to put on a reproduction of
the stamps?

That's it.

They want to put that on
in connection with e campaign for subscription to - they went 1400 salesmen
to get out and sell Postal Savings Stamps.

HMJr:
H:

Wonderful.

Yes, it seems to me, it's a fine thing
if we could find some way to do it. She
says that probably it might be construed
8.8 violating 264 and 18, but as an
administration cuestion she thinks it

could be handled all right.

HMJr:

H:

HMJr:

You want me to give you the answer within
the hour?

I wish you could.
Between now and three, I'll give you an
answer.

H:

Thanks, Henry.

HMJr:

You're welcome.

H:

Thank you.

:- 101
July 3, 1941
2:15 p.m.

HMJr:

Operator:

Hello.
Go ahead.

HMJr:

Hello.

Suldz:

Hello.

HMJr:

Hello.

S:

Yes, Mr. Secretary.

HMJr:

You know I read this thing of yours
and I don't understand it - what 18

it you wanted, an Advisory Committee?

S:

HMJr:

S:

I - you mean for the region.
Yes. I just don't know what that whole

list is. Is that a

No, it 18 not an Advisory Committee,

Mr. Secretary. It's just outstanding
people of the literary world who will
appear briefly on the program for a

second to congratulate Mr. Van Patton

HMJr:
S:

on the opening of this type of program.
All of those people?
Well, they are getting busy now and

they have about five or six of them

lined up.
HMJr:

Well, you can go as far as you want, but
don't ask Mrs. Roosevelt.

S:

Well, who would you suggest? I'd like
to have an official opening if possible.

HMJr:

Well, I really don't know, I'm - you

people kinda squeeze me dry - I don't
know who.

S:

I - do you agree with me that we should
have some official opening.

-2

HMJr:

S

DE 102

Well, we got enough people in the
Treasury,
let some Treasury person
do
it.

All right. Well, suppose I talk it
over with Mr. Kuhn, he might have
someone to suggest.

HMJr:

S:

HMJr:

S:

That's right. Well, I thought this
was to be a committee. I think it's R...
No, it won't be a committee. It'11 they'11 appear on the program just
briefly.

Well, that's all right, but I don't
want to ask Mrs. Roosevelt.

All right, fine.

HMJr:

Okay.

S:

Do you like the opening program?

HMJr:
S:

Yes, it's fine.
That's that and I'll have Novakner's
selection for you very shortly.

HMJr:

Good.

S:

And I'm going to have her sing some
Czechoslovakian numbers.

HMJr:

Thank you.

S:

All right, thank you, sir.

HMJr:

Right.

S:

Goodbye.

103
July 3, 1941
2:57 p.m.

HMJr:
Summer

Welles:
HMJr:
W:

Hello.

Hello, Henry.
Sumner?

Yeah.

In order not to have to use the
telephone, hello?

Yes.
HMJr:

On this thing that we were talking
about.

Yes.
HMJr:

John Wiley has got all the information :

W:

Good.

HMJr:

And he's been over with O.N.I. for hours
today, so he's got theirs and ours.

W:

Fine.

HMJr:

Now, what time this afternoon would you

W:

want to see him when you come back?

Could he drop around to see Dr. Hornbeck
now?

HMJr:

Yes.

W:

All right, I'll ask him to see him
because I have to see Halifax.

HMJr:
W:

HMJr:
W:

That's all right. Will you tell Hornbeck?
I'll tell him immediately.
He'll be over there in 10 or 15 minutes.
Fine and thank you so much, Henry.

-2HMJr:

W:

HMJr:

And 18 it Hornbeck that you want to
keep - have him be posted.
Yes.
What?

W:

Yes, that's right.

HMJr:

You want Hornbeck.

y:

HMJr:
W:

HMJr:

Yes, that's fine, exactly right.
All right, he'11 do that.
All right, Henry.
Thank you. I'm afraid to use the
phone.

Y:

Right. I hope :you have a nice holiday.

HMJr:

Thank you.

W:

Will you be coming back with the
President or later?

HMJr:

A little bit depends upon when he comes.

W:

He's coming Saturday morning.

HMJr:

No, then, I won't.

V:

All right.

HMJr:

I'll come back Sunday night.

W:

All right. Goodbye.

HMJr:

Goodbye.

104

105
July 3, 1941

3:19 p.m.

HMJr:

Operator:
HMJr:

Clyde

Herring:

Hello.

Senator Herring.
Hello.
Hello.

HMJr:

Hello, Clyde?

H:

Yes.

HMJr:

Henry.

H:

Yes sir.

HMJr:

Tell your people out there to go ahead

H:

Good, fine. That's fine of you.

HMJr:

They - I'm delighted.

H:

and more power to them.

They have 1800 out there - they'11 do
some business with that.

HMJr:

Wonderful.

H:

Yeah. Well, thanks ever so much.

HMJr:

Thank you for bringing it to my attention.

H:

Thank you, Henry.

HMJr:

Goodbye.

106
TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION
DATE

TO

Secretary Morgenthau

July 3, 1941.

FROM J. J. O'Connell, Jr.

For your information

I attended a meeting on oil in Secretary Ickes'
office this morning at 10:00 o'clock. The meeting was a

large one, there being in the neighborhood of 40 people
present representing nearly that many agencies. Among
those present were Secretary Perkins, Secretary Knox,

Judge Patterson, Admiral Land, Leon Henderson, Nelson
Rockefeller, Joseph B. Eastman, Oscar B. Ryder (ViceChairman of the Tariff Commission) Wayne Taylor, Charles
March (Chairman, Federal Trade Commission), Sumner T.
Pike, Thurman Arnold, and a number of others.

The group devoted itself to a general discussion of
the existing and probable future situation as regards oil
and gasoline, particularly along the Atlantic Seaboard.
Secretary Ickes led the discussion and reported in some

detail on the situation as he sees it. The fact that a

real shortage will exist by Fall is beyond dispute, some
informed people believing that the deficiency in available
gasoline will run as high as 50% of demand. Unless this
situation is relieved, and there does not seem to be any

hope of relieving it entirely, it will mean rationing of
both gasoline and fuel oil by Fall.

The problem is largely one of transportation, since
there is nothing like a shortage in crude oil and no
apparent shortage in refinery capacity. The present
situation was caused by the transfer to the British of

50 tankers which had been plying between the Gulf Coast

and the Atlantic Seaboard. The situation will probably

become worse in that respect because Admiral Land advised

the meeting that the British have already requested addi-

tional tankers, and while he did not feel free to state

the number they have asked for he said that their request

was "appalling". This would seem to indicate that they

probably need a very substantial number and to the extent

107
2.

that we comply with their request it will make our own
oil and gasoline situation so much the tighter.
Moves are being made in several directions which will

tend to alleviate the situation. One is the construction
of a pipeline from the Illinois field to Philadelphia and
New York. Practically all of the details have been ironed
out and it is expected that by the end of this year such a
pipeline will be completed and will be carrying oil at the
rate of 115,000 barrels a day. This will help substantially.

Another pipeline from the Gulf Coast to Norfolk would be
completed now but for opposition of the railroads, which
manifested itself by unfavorable action of the Georgia

Legislature. The effect of this opposition has been to
prevent the completion of the pipeline across Georgia.

Secretary Ickes stated that a bill which his office has

sponsored and which will authorize the taking of the needed

property by eminent domain has already passed the House and

will probably pass the Senate next week. If this works

out, that pipeline will be in operation in six or seven

weeks. This too will help the situation somewhat.

Other projects under way involve conservation of both
oil and gasoline by urging and educating people to operate
their cars, oil burners, and other fuel-consuming engines

more efficiently. It was stated that efficient operation

of automobiles would save 20% of their fuel consumption
and that an examination of individual oil burners by competent technicians would show householders how to save 15% on

their fuel consumption. Secretary Ickes advised that they
are working on these angles of the problem, as well as a

number of others, and would welcome additional suggestions.
He stated (and I am sure he was not being facetious) that

he has instructed his Park Police that on and after July 5
they are to arrest people in the parks who do not operate
their automobiles efficiently.
No definite time was set for the next meeting but it

was stated that such meetings would be held periodically,
ordinarily by the Deputy Coordinator, Mr. Davies. The meeting adjourned at 11:15.

108
83rd

MEMORANDUM

July 3. 1941

To:

PRICE ADMINISTRATION COMMITTEE

From:

R. K. Thompson, Secretary

Attached hereto are the following:

1. Minutes of the meeting of July 1.
2. Revised copy of price schedule No. 2.
3. Amendment to price schedule No. 8.

4. Price schedule No. 11.

5. Civilian allocation program for materials
and equipment used in maintenance and
repair work.

6. Civilian allocation program for material
and equipment for the construction and
repair of canning machinery.

83-d

109
CONFIDENTIAL

SUMMARY OF STENOGRAPHIC TRANSCRIPT OF MEETING OF
PRICE ADMINISTRATION COMMITTEE

July 1, 1941
11 a.m.

Chairman: Mr. Henderson

Present: Miss Elliott, Messrs. Stevens, March, Pike, Lubin, Ezekiel,
MacKeatchie, Ballif, Goodloe, Barnes, Shields, Hamm, Galbraith, Weiner, Ginsburg, Hoover, Cox, Plummer, Thompson.

1. Press conference

Mr. Henderson announced that he would hold a press conference this
afternoon since the time has come for frank public discussion of certain
problems. He added that the price level has been increasing about a
percent a week and is now about a point above the 1937 rise. Since

production is still going up and is keeping pace with the increase in
the supplies of money, the situation is not yet inflationary, but sev-

eral markets have gotten out of hand and required OPACS to take action.

2, Cotton textile schedule
Probably the most important action taken, Mr. Henderson said, was

that in fixing 39 cents as the price of standard print cloth, allowing

a margin of around 21 to 22 cents, which includes a cent and a half
per pound for adjustments to the minimum wage of 37 cents set by the
Wage and Hour Committee for the cotton textile industry and also for
the current market price for cotton. On the assumption that the mill
was buying cotton at the current market price, the 39-cent price
allows for the cost of the cotton, an adjustment due to increasing
labor costs, and for a satisfactory mill margin. Three main causes
of complaint under the schedule are (1) the general dislocation,
(2) the fact that margins recently have been as high as 27 and 28 cents,

and (3) its retroactive application to all contracts in force.

Mr. Ezekiel raised a question concerning what steps would be taken
to secure compliance with price schedules since he has had reports that
cotton yarn was being sold above the prices set, and in much smaller
volume than before the schedule was issued. Mr. Galbraith explained
that part of the decreased volume is due to the decreased number of
forward commitments now being made in the textile market since there

is no longer an incentive for a great deal of forward buying in antici-

pation of even higher prices.

2-

110

Mr. Ezekiel also spoke of the alleged difficulty in getting cotton
yarn for defense contracts but Mr. MacKeatchie replied that only a few
contracts had been difficult to place pending the latest price schedule
on cotton textiles, but that the difficulty had not been serious enough
to bring to the attention of OPACS. Mr. Henderson stated that if the
problem becomes serious it can be handled through priorities or compulsory orders and Mr. MacKeatchie added that in the Southern mills the
power priority will be effective.
3. Evasion of price schedules

Mr. Ginsburg reported that Mr. Renard had brought to the attention
of OPACS the rumor that contracts are being entered into at prices above.
the ceiling and that the difference is being placed in escrow pending
the validation of OPACS' actions. Mr. Ginsburg added that he advised
Mr. Renard that the position of OPACS is that this is a clear lack of
compliance with the price ceiling and that we were willing to issue a

statement to that effect to clarify the position of this office.

4. General economic over-all policy statement
Mr. Henderson announced that Dr. Hoover and Dr. Clark are in charge
of a general economic over-all policy statement for OPACS and are look-

ing into the effect of defense spending, the amount that is likely to be

pre-empted by taxation and by savings, and the amount of the spread
which would not be absorbed by ordinary diversions or by increase in
supply. He added that the estimating of the possible increases in
civilian goods which will be available for increased purchasing power
and of the prospective increase in retail prices based upon what is
happening in wholesale or raw materials prices presents difficult problems. He asked that any thoughts on the various problems confronting
OPACS in an estimate of the nature of the threat of inflation be passed
on to Dr. Hoover.

5. Furniture and commodity markets surveys

Mr. Henderson expressed his gratification at the rapid start which

the Federal Trade Commission has made in undertaking a survey as to

whether or not costs have substantially increased in the furniture in-

dustry and also as to their relation to existing profits in the industry.

He also commended the Securities and Exchange Commission for its timely
information concerning what is happening in various commodity markets.

6. Civilian allocation conferences and programs
Mr. Henderson announced that the series of conferences which the
Civilian Allocation Division will hold with various industries concerning July 8
the impact of the withdrawal of raw materials, etc., will begin darable conwith the refrigerator industry and will include most of the Weiner reported

sumers' goods in the first group. Messrs. Henderson and covering

that two civilian allocation programs had just been issued-one

-3831

civilian preferences for repair and maintenance materials and equipment
required for uninterrupted operation of 26 industries and services
whose continued operation is essential to the public welfare and maintenance of civilian supplies. The other provides for the emergency
allocation of material and equipment necessary for construction and
repair of machinery needed by the canning industry to handle this year's
crop of perishable vegetables and fruits.
7. Rubber

Mr. Galbraith reported that a series of meetings is being held
with rubber producers and distributors and that probably by the end of
the week policy concerning a rubber price order will be crystallised.
The meetings have tended to show that, though most units of the trade
would like a price increase, none of them sees any particular prospect
of one. Moreover, since the mass distributors have catalogued existing
prices for a long period in advance and since that sets the level for
the market as a whole, a price schedule may be avoided in that field.
Mr. Henderson added that if there is any way to avoid the fixing of tire
prices, no schedule will be issued.
Mr. Lubin referred to the recent "scarge" advertising urging the
public to buy tires now and added that it should be stopped. The
United States Rubber Company, on the other hand, is advising the public
not to buy tires unless they are needed.
8.Cotton seed oil

Mr. Galbraith reported that in the last few months cotton seed oil
has almost tripled in price, that spot holdings are not in considerable
volume, and that the increase in price has reacted to the benefit of
those holdings and of the mills rather than to the benefit of the producers. OPACS has announced that the holdings will be inventoried with
a view to applying a ceiling for the balance of this crop year to force
the sale of the holdings at a more reasonable price.
9. Farm machinery prices

Col. March reported that prices of farm machinery have gone up recently but Mr. Galbraith explained that that report is probably due to
the fact that OPACS has approved a 10 percent increase in price for a

Canadian line of machinery sold by John Deere, for example, on the

ground that they are dealers. He added that so far as the major units

in the industry are concerned no serious advances have come to the attention of OPACS.

10. Regulation of consumer credit

Mr. Henderson reported that the problem of the regulation of con-

sumer credit has been discussed quietly with the Federal Reserve Board,
with Mr. Nugent as OPACS' representative. A general agreement has been

111

-483-4

112

reached as to the nature of the regulation and how it might be instituted

when necessary. The whole matter will be discussed with the Treasury
Department this week.

11. Relation of insured mortgages to inflation

Mr. Lubin brought to the attention of the committee the fact that
the Federal Housing Administration has been circulating a memorandum on

the relationship of guaranteed or insured mortgages to inflation. The

problem is of particular importance because the housing being constructed

under those mortgages is the speculative type for sale. Mr. Lubin raised
the question whether the Government would want to be a party to speculative housing which will be sold to persons in the lower income brackets
whose incomes will be insecure after the present emergency is over and
suggested that the proportion of the mortgages insured should be reduced
to 85 or 70 percent for housing built for sale.
Mr. Henderson stated that OPACS is preparing to make a statement to
the Budget on the matter and on the nature of the Defense Housing Coordinator's proposals as to defense housing on a rental basis.

The committee adjourned at 11:50 a.m. to meet Tuesday, July 8 at

11 a.m.

PRICE SCHEDULE No. 2
(AS AMENDED)

Aluminum Scrap
and

Secondary Aluminum Ingot

OFFICE FOR EMERGENCY MANAGEMENT

OFFICE OF PRICE ADMINISTRATION

AND CIVILIAN SUPPLY
WASHINGTON, D.C.

113

Table of Contents
Page

1

Price Schedule No. 2, Aluminum Scrap and Secondary Aluminum Ingot

1302.1 Maximum prices on sales of aluminum scrap by the maker of
the scrap

2

1302.2 Maximum prices on sales of aluminum scrap by dealers

2

1302.3 Maximum prices on sales of secondary aluminum ingot

3

1302.4 Application for sale of secondary aluminum ingot at prices

Order Ratifying Action Taken Prior to Establish.
ment of Office of Price Administration and
Civilian Supply

higher than prices in section 1302.15, Appendix B
1302.5 Conversion of scrap on behalf of a maker of the scrap

3

4

1

1302.6 Evasion

4

1302.7 Identification and record-keeping requirements
1302.8 Reports of dealer's sales of aluminum scrap to persons not

4

OFFICE FOR EMERGENCY MANAGEMENT

smelters

(c) Aluminum scrap

6

(d) Secondary aluminum ingot

6

1302.13 Effective date

1302.14 Appendix A, Maximum prices for aluminum scrap
1302.15 Appendix B, Maximum prices for secondary aluminum ingot.

7
7

Explanatory Statement

8

Clean and dry scrap
The dealer's margin

8
8

Sales in less than carload lots-scrap
Sales in less than carload lots-ingot

8

9

Special secondary aluminum alloys

9

Special processing

9

(

6

Federal Register April 14. 1941, Vol. 6. No. T4.

6

Administrator.

(b) Maker of aluminum scrap

6

LEON HENDERSON,

1302.12 Definitions
(a) Person

6

2. This ruling is issued under, and in execution of the purposes of,
Executive Order No. 8734, issued by the President on April 11, 1941.
Issued this 15th day of April 1941.

5

tration and Civilian Supply and the Administrator thereof.

1302.10 Supplemental schedules and reporting requirements
1302.11 Modification of the Price Schedule

5

terminated, or superseded, as price schedules, instructions, announcements, forms, notices, and committees, of the Office of Price Adminis-

1302.9 Enforcement

5

1. All price schedules, instructions, announcements, forms, and
notices heretofore issued, promulgated, or adopted, and all commit.
tees formed, by the Advisers on Price Stabilization and Consumer
Protection, members of the Advisory Commission to the Council of
National Defense, or by the Price Stabilization and Consumer Divisions of the Advisory Commission to the Council of National Defense
are hereby ratified, adopted, and continued in effect, until modified,

5

OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

Return of scrap by maker to original producer of the material
Permission to carry out firm commitments at prices in excess of the
established maximum prices

10

11

Sale of scrap by smelter

12

Transportation to purchaser's plant

12

Added charge for delayed payment
Lots of mixed aluminum scrap

12

13

Aluminum foil

13

Application Forms

14

Application for permission to sell secondary aluminum ingot at prices

higher than the maximum prices established by Price Schedule

No. 2

14

Application for permission to sell aluminum scrap at prices higher
than the maximum prices established by Price Schedule No. 2

17

Press Releases

19

II

March 24, 1941, Issuance of Price Schedule No. 2
May 3, 1941, Amendment of Price Schedule No. 2
June 3, 1941, Amendment of Price Schedule No. 2
III

19

21

22

TITLE 32-NATIONAL DEFENSE
Chapter XI-Office of Price Administration
and Civilian Supply
Part 1302-Aluminum Serap and Secondary
Aluminum Inget
PRICE SCHEDULE NO. 2 1
WHEREAS, the Office of Price Administration and Civilian Supply
is charged with functions related to the maintenance of price stability
and the prevention of undue price rises and price dislocations; and
WHEREAS, producers of virgin aluminum have been directed by
the Office of Production Management, Division of Priorities, to give

priority to defense orders, thus diminishing the supply of virgin
aluminum available to satisfy civilian needs and thereby necessitating
increasing resort to aluminum scrap and secondary aluminum ingot;
and
)

WHEREAS, the increased demand for aluminum scrap and secondary aluminum ingot has exerted inflationary pressure upon the prices
thereof, and has in some cases already caused, and threatens to a
greater extent to cause, speculative activity, and the withholding of
aluminum scrap and secondary aluminum ingot from the market; and

WHEREAS, prices of aluminum scrap and secondary aluminum
ingot, while normally less than prices of virgin aluminum, have risen
to exceed the prices of virgin aluminum, so as to result in price instability and dislocations injurious to the national defense; and

WHEREAS, in the light of the aforesaid factors the absence of any
maximum price standards for aluminum scrap and secondary aluminum ingot makes it difficult and in some cases impossible for the trade
voluntarily to cooperate with the Government in maintaining price
stability and in preventing excessive and speculative price increases;
and

WHEREAS, the establishment of such standards by the Government is necessary to facilitate such cooperation, and to prevent the
Federal Register March 25, 1941, Vol. 6. No. 58 amended May 3, 1941, Vol. 6. No. 87:
amended June 3, 1941, Vol. 6. No. 107.
1

kind of private price policy which leads to a weakening of the
effort through disastrous inflation, undue burdens upon the Govern defense

ment, economic dislocations, price spiraling, and profiteering,
the establishment of such standards is otherwise necessary in the public and

interest and in the interest of national defense; and

WHEREAS, on the basis of information secured by independent
investigation by this Office and by the Office of Production Manage.
ment and information furnished through the cooperation of the trade.
I find that the maximum prices set forth in section 1302.14, Appendix
A, and section 1302.15, Appendix B, attached hereto, constitute reason.
able limitations on prices for aluminum scrap and secondary aluminum
ingot,

Now THEREFORE, in order to facilitate cooperation with the Govern.

ment in maintaining price stability and in preventing excessive and
speculative price increases injurious to the defense program and to the
public interest and welfare, IT Is DIRECTED THAT:

1302.1. Mazimum prices on sales of aluminum scrap by the maker

of the scrap.-On and after March 25, 1941, except as provided in
section 1302.5 below, regardless of the terms of any commitment
theretofore entered into, no maker of aluminum scrap shall sell, offer
to sell, deliver, or transfer at a price, aluminum scrap made by him

at prices higher than the prices set forth in Column I of section
1302.14. Appendix A, and no person shall buy, or offer to buy, aluminum scrap from the maker of such aluminum scrap at higher
prices. Lower prices than those set forth in Column I of section
1302.14, Appendix A, may, however, be charged, demanded, paid or
offered.
1302.2. Maximum prices on sales of aluminum scrap by dealers.On and after March 27, 1941, regardless of the terms of any commitment theretofore entered into, any person who is not the maker of
the aluminum scrap sold, offered for sale, delivered, or transferred
at a price, shall not sell, offer to sell, deliver, or transfer at a price,
aluminum scrap at prices higher than the prices set forth in Column
II of section 1302.14, Appendix A, and no person shall buy, or offer
to buy, aluminum scrap from any person who is not the maker of
such aluminum scrap at higher prices; except that any person not the
maker of the aluminum scrap who had purchased aluminum scrap
prior to March 24, 1941, to meet a previously made firm commitment

of sale or delivery of such scrap to another person may, upon
application to the Office of Price Administration and Civilian Supply,
be permitted to sell, or deliver, and accept payment for, such scrap
Sections

Executive Order 1302.1 8734 to 1302.15. Inclusive, Issued pursuant to the authority contained 10

accordance with the terms of such firm commitment, Lower
in than those set forth in Column II of section 1302.14, Appendix
prices however, be charged, demanded, paid, or offered.
1302.3. may, Maximum prices on sales of secondary aluminum ingot.-

and after March 25, 1941, prices for secondary aluminum ingot
shall On not exceed the prices set forth in section 1302.15, Appendix B,
and the maximum price limitations for secondary aluminum ingot

set forth in section 1302.15, Appendix B, shall not, on and after
March 25, 1941, be exceeded by any person in any purchase, sale, or

other transfer at a price, of secondary aluminum ingot whether
or not

(a) made pursuant to a contract of sale or purchase, or other
firm commitment, entered into prior to such date; or
(b) made in the disposition of inventories of aluminum scrap
or secondary aluminum ingot held on March 24, 1941;

except that to avoid loss to any person who had acquired such
inventory in order to meet firm commitments made prior to March
24, 1941, for the sale of secondary aluminum ingot, the Office of
Price Administration and Civilian Supply will, in appropriate cases
to be determined on applications made under section 1302.4 hereof,
permit the sale and delivery of such secondary aluminum ingot in
accordance with the terms of such firm commitments. Lower prices

than the prices set forth in section 1302.15, Appendix B, may,
however, be charged, demanded, paid or offered.
1302.4. Application for sale of secondary aluminum ingot at prices

higher than prices in section 1302.15, Appendix B.-Any person
desiring permission to sell or deliver secondary aluminum ingot
at prices higher than the prices set forth in section 1302.15, Appendix
B, may apply therefor in writing, upon forms available upon request

made to the Office of Price Administration and Civilian Supply,
Washington, D. C. However, no permission shall be granted for the
sale or delivery of quantities of secondary aluminum ingot in excess
of the lesser of the following two amounts:

(a) total undelivered firm commitments, made prior to March
24, 1941, for sale of secondary aluminum ingot at prices higher
than those set forth in section 1302.15, Appendix B; or
(b) total inventories of aluminum scrap and secondary aluminum ingot which were acquired at prices higher than the price
limitations contained in this Schedule and which were held on
March 24, 1941, by the applicant and, in case any dealer or
other person had acquired any such inventory to meet a previously made firm commitment with the applicant for sale or
delivery of aluminum scrap to the applicant, by such dealer or
other person.

2
3

1302.5. Conversion of scrap on behalf of a maker of the

scrap.-

paid or received, and the quantity in pounds and quality by

A maker of aluminum scrap may sell, deliver, or transfer aluminum
scrap to the producer of the material from which the scrap is made;
and the producer may purchase and receive such scrap, without
regard to the maximum prices set forth in section 1302.14, Appendix

grades of aluminum scrap or secondary aluminum ingot, or both,
involved; and

(b) As of the close of each month the amount in pounds of
aluminum scrap and secondary aluminum ingot (i) on hand and
(ii) on order.

A hereof, provided that either

(a) The aluminum scrap so sold. delivered. or transferred consists of extrusion butts or ends, redraw tube ends, or rod turnings
of not more than one alloy and such sale, delivery, or transfer
is made pursuant to a written contract whereby the purchaser
of the scrap agrees to convert the scrap to the type of material
from which the scrap was made and to deliver to the maker of

1302.8. Reports of dealer's sales of aluminum scrap to persons not
*meltere.-Except as herein provided, any person who sells aluminum
to any user or further processor of aluminum scrap other than
scrap smelter producing secondary aluminum ingot for sale, shall file a
report with the Office of Price Administration and Civilian Supply,

the scrap an equivalent amount of the same type of material,
and such sale, delivery, or transfer is made in accordance with
an established practice existing between the parties prior to
March 24, 1941, and at prices which have not been increased

following the month in which such sale is made, stating with respect

Washington, D. C., not later than the tenth day of the month
to any and each such sale:

(a) The name and address of the person to whom the sale
was made.

since said date, or

(b) The aluminum scrap so sold, delivered, or transferred
consists of unpainted and unlacquered strong alloy scrap in the
form of sheet clippings or mutilated sheets, tube ends or mutilated tubing, or extrusion ends or mutilated extrusions, and is
made by the aircraft industry and segregated as to alloy and
sold, delivered, or transferred to the producer of the material
for conversion in accordance with the terms of the letter of the
Director of Priorities to members of the aircraft industry under

date of March 6, 1941.

1302.6. Evasion.-The price limitations set forth in this Schedule
shall not be evaded whether by direct or indirect methods in connection with a purchase, sale, or transfer at a price, of aluminum scrap
or secondary aluminum ingot, or of any other materials, or by way
of any service or other charge or discount, premium or other privi-

lege, or by tying-agreement or other trade understanding, or

otherwise.

1302.7. Identification and record-keeping requirements.-Every
dealer in, and every maker, smelter, processor, or consumer of, and

every other person purchasing or selling aluminum scrap or secondary aluminum ingot shall, until such time as further information
is deemed necessary or appropriate hereunder, keep for inspection
by the Office of Price Administration and Civilian Supply, and preserve for
records
of: a period of not less than one year, complete and accurate
(a) All purchases and sales of aluminum scrap and secondary
aluminum ingot, recording therein the person from or to whom
each such purchase or sale was made, the date thereof, the price

(b) The number of pounds and the grade of aluminum scrap,
sold, and

(c) The price at which sold.

1302.9. Enforcement.-In the event of refusal or failure to abide
by the price limitations, record requirements, and other provisions
(

contained in this Schedule, or in the event of any evasion or attempt
to evade the price limitations or other provisions contained in this

Schedule, this Office will make every effort to assure (a) that the
Congress and the public are fully informed of any failure to abide
by the provisions of this Schedule: and (b) that the powers of the
Government are fully exerted in order to protect the public interest
and the interests of those persons who conform with this Schedule
in the maintenance of the ceiling prices herein set forth. Persons
who have evidence of the demand or receipt of prices above the
limitations set forth, or of any evasion of or effort to evade such
requirements, or of speculation, or manipulation of prices of alumi-

num scrap or secondary aluminum ingot, or of the hoarding or
accumulating of unnecessary inventories thereof, are urged to
communicate with the Office of Price Administration and Civilian
Supply.

1302.10. Supplemental schedules and reporting requirements.-In
order to insure compliance with this Schedule, supplements further
stating its scope and, if necessary, requiring further reports to the
Government, will be issued from time to time when found appropriate.
1302.11. Modification of the Price Schedule.-Persons complaining
of hardship or inequity in the operation of this Schedule may apply

to the Office of Price Administration and Civilian Supply for approval of any modification thereof or exception therefrom.

4
5

308708-41-2

1302.12. Definitions.-When used in this Schedule:

Appendix A

1302.14.

(a) The term "person" includes an individual, corporation,
association, partnership, or other business entity;
(b) The term "maker of aluminum scrap" means any
(i) Manufacturer, fabricator, or other industrial user of
aluminum who as an incident to his manufacturing process,
fabricating, or other industrial use, produces aluminum
scrap; or

(ii) Automobile cemetery operator, wrecker, or other
person who, in his business or as an incident to his business,
collects and sorts scrap materials and removes or segregates
aluminum scrap therefrom.

MAXIMUM PRICES FOR ALUMINUM SCRAP
(F. O. B. POINT OF SHIPMENT)
Marimum price (per pound)
Column

sale by maker

Grade of aluminum scrap*

13d

Pure Clips and Cable

14 1/20

12d

Segregated Alloy Sheet Clips

18 1/20

110

Old Sheet and Utensils
Mixed Sheet Clips

12 1/20

110

Cast Scrap and Forged Scrap, old and new. clean
and dry

12 1/20

11c

12c

10d

Borings and Turnings other than No. 12, clean and dry.

Aluminum scrap shall be deemed to be "made" when first sold, or

No. 12 type Borings and Turnings, clean and dry

offered for sale, or delivered, as aluminum scrap by a maker of alumj.

Pistons free of struts, clean and dry
Pistons with struts, clean and dry

num scrap:

Column 11

sale by dealer

11 1/20

91/20

11€

11 1/2#

12 1/20

91/4

101/20

*Each grade shall include all types and qualities of scrap falling within the

(c) The term "aluminum scrap" means the kinds and grades
of aluminum scrap referred to in section 1302.14, Appendix A.
(d) The term "secondary aluminum ingot" means the kinds
and grades of secondary aluminum ingot referred to in section

Inc., contained In Its Circular O. effective June 1, 1940. Scrap which falls to

1302.15, Appendix B.

meet such standards should be sold at prices less than the maximum

1302.13. This Schedule shall become effective immediately, except
as otherwise specifically provided herein.

broad category named. However, the maximum prices are applicable to scrap
which meets generally accepted maximum standards In the trade-as. for instance, the classifications of the National Association of Waste Materials Dealers,

SPECIAL NOTE-Aluminum foil and light gauge aluminum sheet which does

not exceed 0.006 of an inch in thickness shall not be subject to this Price
Schedule

Issued this 24th day of March 1941.
LEON HENDERSON,

Appendix B

1302.15.

Administrator.
For dates of amendments see footnote 1, supra.

MAXIMUM PRICES FOR SECONDARY ALUMINUM
INGOT

(F. O. B. POINT OF SHIPMENT)
Marimum price (per
Grade of secondary aluminum ingot

pound) on quantities of
30,000 pounds or more

98 Percent Pure Aluminum Ingot

17d

Silicon Alloys

17d

Deoxidizing Aluminum

16 1/2

notch bar or granulated ingot or shot
(2d extra allowed for special shapes)
Piston Alloys

16 1/2

No. 12 Aluminum

16d

May be added to

the mazimum price
10,000 to 30,000 pounds

1/4 cent per pound
1/2 cent per pound

1,000 to 10,000 pounds

Less than 1,000 pounds

1 cent per pound

7
6

The amendment effective June 3, 1941, eliminated the former
be

EXPLANATORY STATEMENT
Price Schedule No. 2

requirement No. that aluminum scrap sold in less than ca bad lots
at least a half-cent under the naximum prices established for
sold carload lots. The maximum prices set forth in section 1302.14, Appendix A, of the Price Schedule now apply to all sales of aluminum
scrap regardless of quantity.

The Office of Price Administration and Civilian Supply estab
lished maximum prices for aluminum scrap and secondary aluminum
ingot, which are set forth in Price Schedule No.
This statement answers inquiries which have been made about the
Price Schedule. The answers represent the position which this Office
will take in determining compliance with the Schedule. Any person

4. Sales in Less Than Carload Lots-Ingot.

Are price differentials provided for sales of secondary aluminum
ingot in quantities less than 30,000 pounds?

to deal with new questions that may arise so that all persons will
have a complete understanding of the Price Schedule.

Yes. The prices set forth in section 1302.15, Appendix B, of the
Price Schedule apply to sales of secondary aluminum ingot in lots
of 30,000 pounds or more. On sales of secondary aluminum ingot
involving quantities of 10,000 to 30,000 pounds, one-fourth cent per
pound may be added to the established maximum prices; on sales of
1,000 to 10,000 pounds, one-half cent per pound; and, on sales of
less than 1,000 pounds, one cent per pound. Any charge in excess

1. Clean and Dry Scrap.

of these allowances is not permitted.

having any further question should promptly present it in writing
to this Office. This statement may from time to time be supplemented

Are the maximum prices for the designated grades of aluminum
scrap, prices for clean and dry scrap?

Yes, The established prices are maximum prices applicable to
grades of scrap which meet generally accepted maximum standards

established in the trade. For instance, the classifications of the
National Association of Waste Materials Dealers, Inc., effective June
1, 1940, describe grades of aluminum scrap which should secure the
established maximum prices. Scrap castings, forgings, borings and
turnings should be sold both clean and dry in order to secure maxi-

mum prices. If not clean and dry, they should be sold at a price
reduced below the maximum in proportion to the percentage of dirt

and moisture.

2. The Dealer's Margin

What price should a dealer charge another dealer for aluminum
scrap!

A price less than the established maximum price. The spread be
tween the established maximum prices on makers' and dealers' sales
of scrap is designed to allow ample profit for handling scrap through
a series of dealers, In order that this practice should continue, dealers
must cooperate with this Office by observing in their regular trade
channels suitable prices within the range between makers' and dealers'
maximum prices. Any other course may force this Office to adopt
more rigid regulations.
3. Sales in Less Than Carload Lots-Scrap.

Are price differentials provided for sales of aluminum scrap in
quantities less than a carload lot

5. Special Secondary Aluminum Alloys.

What price should be charged for special secondary aluminum
alloys for which maximum prices are not established by section
1302.15, Appendix B, of the Price Schedule!
A price not in excess of the 17€ per pound maximum price established for 98% pure aluménum ingot unless an additional charge is
necessary in order to provide reimbursement for the cost of ingredients and special processes required to produce the alloy. Any such
additional charge should be computed on the basis of the aluminum
content taken at not more than 17e per pound and other ingredients
taken at not more than current market prices and with consideration
for the customary differentials which have existed, prior to the establishment of ceiling prices, between the special alloy and those alloys
for which maximum prices have been established. If these standards

are not observed and if the prices of special alloys are permitted
to increase in undue proportion to the prices established for other
alloys, this Office will be required to extend Price Schedule No. 2
so as to establish maximum prices for such special alloys.
6. Special Processing.

May additional charges be made for special processing or special
services performed in preparation or manufacture of those grades of
aluminum scrap or secondary aluminum ingot for which maximum
prices have been established!

No. unless permission is first obtained from the Office of Price
Administration and Civilian Supply. It is intended that the established maximum prices shall include all such services or processing
as are normally necessary in order to market the product. However,

Supra. pp.

9

8

section 1302.11 of the Schedule provides that any person
Permission to Carry Out Firm Commitments at Prices in Excess of the

of hardship or inequity in the operation of the Schedule complaining may

Established Maximum Prices.'

May the maker of aluminum scrap sell the scrap he makes at
(a) higher than the established maximum prices to carry out a firm

to this Office for approval of any modification thereof or exception apply

therefrom. This provision is especially designed to allow in

priate cases exceptional prices for exceptional processes. Application appro-

commitment prices entered into prior to March 24, 1941

under this provision should be made in writing and under oath
and must contain a full and accurate statement of the facts and the
need for an exception from the Schedule.

No, unless permission is first obtained from the Office of Price Administration and Civilian Supply. Permission to carry out contracts

7. Return of Scrap by Maker to Original Producer of the Material,

at prices higher than the established maximum prices may be granted
if the maker can show that unless such permission is granted he will
suffer a loss because, prior to the effective date of the Schedule, he had

May the maker of aluminum scrap return such scrap directly to

purchased the scrap at prices higher than those established by the
Schedule. A maker of scrap may be either a manufacturer, fabricator,
or other industrial user of aluminum, or an automobile cemetery

the original producer of the material from which the scrap was made,

for reconversion into similar material, at prices higher than the
pricesSchedule!
set forth in Column I of section 1302.14, Appendix A, of the
Price

operator, wrecker, or other person who, in his business, collects and sorts

aluminum scrap. The manufacturer, fabricator, or other industrial

No, unless the transaction falls within the terms of section 1302.5
of the Price Schedule, Section 1302.1 of the Price Schedule, as
originally issued, provided that permission might be obtained in ap.
propriate cases for continuation of a pre-existing practice whereby
makers of scrap sold directly to smelters at prices not in excess of the
established maximum dealers' prices. This provision was stricken out
by the amendment effective May 5th. It is, consequently, no longer
permissible to make sales at such prices merely on the basis of a past

user does not ordinarily purchase any aluminum scrap and consequently
will not ordinarily be able to secure permission to carry out a firm commitment for the sale of scrap at prices higher than the established maxi-

mum prices. On the other hand, the automobile cemetery operator,
wrecker, or other collector of aluminum scrap may be able to show that
he purchased aluminum scrap prior to the effective date of the Schedule at prices in excess of the established maximum prices, and that he
consequently occupies the position of dealer as to such scrap and so
may be entitled to permission to carry out firm commitments for sale
of aluminum scrap at prices higher than the established maximum

relationship or course of dealing.

Section 1302.5, as amended, does make provision, however, for return by the maker of designated types of scrap to the producer of the
material from which the scrap was made, without regard to established
maximum prices, for reconversion into and redelivery of an equivalent
quantity of material of the same type as that from which the scrap was
made. This exception from the Price Schedule is restricted to cases
falling within either one or the other of the two following categories:
(a) Aluminum scrap consisting of extrusion butts or ends, redraw
tube ends, or rod turnings of not more than one alloy may be so re-

prices.

(b) May a dealer, smelter, or other person, who is not the maker
of aluminum scrap, sell either aluminum scrap or secondary aluminum ingot at prices in excess of the established maximum prices to
carry out a firm commitment made prior to March 24, 1941
Yes, if permission is granted by the Office of Price Administration
and Civilian Supply. In order to secure such permission an application should be prepared and filed in duplicate with this Office on
forms which may be secured from this Office. However, the shipment of the aluminum scrap or secondary aluminum ingot should
not be delayed until a permit has been issued. Any person who has
a firm commitment for the sale of aluminum scrap or secondary

turned by any maker thereof to his supplier for reconversion and
redelivery, provided that similar contracts existed between the parties
prior to March 24, 1941, and that the prices of neither the scrap nor
the material have been increased since that date.

(b) Aluminum scrap produced by the aircraft industry which consists of unpainted and unlacquered strong alloy scrap in the form of
sheet clippings or mutilated sheets, tube ends or mutilated tubing, or
extrusion ends or mutilated extrusions, may be so returned by the
maker thereof to his supplier for reconversion and redelivery provided

aluminum ingot at prices in excess of the maximum prices and expects
that he will qualify under the terms of the Price Schedule for permisPrice 'The situation to which this explanatory paragraph and the corresponding provisions of
Schedule No. 2 were Intended to apply has largely ceased to exist. The purpose was
enable dealers, smelters, and other persons to avoid loss in the disposition of Inventory
acquired at high prices prior to the effective date of the Price Schedule Since such Invento

scrap is segregated as to alloy and otherwise handled in accordance

with the terms of the letter of the Director of Priorities to members
of the aircraft industry under date of March 6, 1941.

tory has been almost or entirely disposed of, there will be little or no reason to resort to
these provisions in the future.

10
11

procedure:

(1) Prepare and file in duplicate an application for a permit

with this Office.

provided the added charge represents a reasonable per annum
Yes, charge and not an increase in price above the maximum. No
interest for delayed payment is allowed, therefore, which exceeds
reasonable charge per annum interest rate upon the selling price commencing

(2) Notify the purchaser that such application has been prepared and filed with this Office.
(3) Make the shipment on the delivery dates provided in the

commitment.

(4) Hold up settlement until a permit is either issued or
denied, or. if the parties so desire, temporarily settle at a price
not in excess of the established maximum price but subject to
agreement that when and if this Office issues a permit, the pur-

chaser will pay to the seller the remaining amounts due in
accordance with the terms of the permit.

9. Sale of Scrap by Smelter.

the date of delivery. Any interest rate higher than current per
annum on rates would place the contract price under suspicion.
a Lots of Mixed Aluminum Scrap.

What is the maximum price at which a maker may sell aluminum
as

: borings if the borings include both No. 12 type and other types in

unknown amounts?

Nine and one-half cents per pound. The Price Schedule establishes
91/-cent maximum price for the sale by a maker of No. 12 type bor-

ings, a 10-cent maximum for the sale by a maker of borings other
than No. 12. Consequently, in case the No. 12 type borings are mixed

in unknown quantities with other types of borings, no price higher

May a smelter sell scrap at prices in excess of the established

maximum?

No. Insofar as the smelter resells aluminum scrap which it has
purchased in the course of its business, it will be subject to the
maximum prices established for dealers' sales of aluminum scrap.
10. Transportation to Purchaser's Plant.

May a person selling aluminum scrap or secondary aluminum ingot
at the established maximum price add to the price a charge for delivery of the scrap or ingot to the purchaser's plant
Yes. The established maximum prices are prices f. O. b. the point
of shipment. Any charge made for a transportation service rendered
after the scrap or ingot has left the point of shipment is not included

in the established maximum prices. However, if such a charge is
greater than customary tariffs for similar transportation service, this
Office will assume that the charge results in a price in excess of the
established maximum price. Any instance of such a charge, therefore, should be reported to this Office.

In this connection it should be noted that section 1302.7 of the

than the 91/2 cents per pound maximum may be paid for the mixed lot.
A price higher than 91/2 cents per pound is only permitted in payment

for borings other than No. 12 type borings. In order to sell at such
higher price, the number of pounds of such borings must be known.
The same rule will apply to any mixture of different grades of
aluminum scrap if the quantities of the different grades are not known.
The established maximum price for that grade in the mixture which
has the lowest maximum price will be the maximum price for the
entire mixed lot.
13. Aluminum Foil.

Is aluminum foil and light gauge aluminum sheet subject to the
established maximum prices
Yes, unless such material does not exceed 0.006 of an inch in thickness. It has been provided by an amendment in the form of a special

note to section 1302.14, Appendix A, of the Price Schedule that
aluminum foil and light gauge sheet which does not exceed 0.006 of an

inch in thickness is not subject to the maximum prices established
by the Price Schedule.

Schedule requires the seller and the purchaser of secondary aluminum

ingot to keep records of the prices received or paid for scrap and
ingot. These records are intended to protect the seller and purchaser

in the event of an inspection by the Office of Price Administration
and Civilian Supply. Consequently, they should show separately
both the price at the point of shipment and the transportation
charge.

11. Added Charge for Delayed Payment.

May any person who sells aluminum scrap or secondary aluminum

ingot at the established maximum price add a further charge for
delayed payment by the purchaser
12
18

a

sion to carry out the commitment should adopt the following

in order to meet the firm commitments described In Appendix A,
E That had outstanding on March 24, 1941, firm orders for the purchase
the applicant scrap as described in Appendix C. attached hereto, and that the

Application Forms Pursuant to Sections 1302.2,
1302.3, and 1302.4 of Price Schedule No. 2

of aluminum has now been advised that, as of March 24, 1941, the selling parties

applicant firm orders had acted in reliance upon such firm orders by acquiring
to such scrap in the amounts indicated In Appendix C at prices higher than
aluminum maximum prices set forth in Price Schedule No. 2: and

the

OFFICE FOR EMERGENCY MANAGEMENT

OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

That, as of March 24, 1941, the applicant had either on hand, as indicated
F. Appendix B, or on partially fulfilled firm orders, as indicated in Appendix

in aluminum scrap and secondary aluminum Ingot In amounts sufficient to
complete delivery on the commitments set forth in Appendix A: and
G. That the information contained in this application and in the Appendices
attached hereto is complete and accurate to the best knowledge of the
C.

WASHINGTON, D. C.

APPLICATION OF

102

to

applicant.

(Name of applicant)

The applicant understands and agrees that any permission granted pursuant

this Application to sell at prices in excess of those established by Price
(Address)

FOR PERMISSION To SELL SECONDARY ALUMINUM INGOT AT PRICES HIGHER THAN

THE MAXIMUM PRICES ESTABLISHED BY PRICE SCHEDULE No. 2

Schedule No. 2 may be revoked at any time, in whole or in part, upon It appearing

that the facts are not as set forth In this Application and the Appendices attached hereto or that, for any reason, applicant is not entitled under the terms
of said Price Schedule No. 2, to make such sales.

INTRODUCTORY

Applicant

The applicant should file a sworn original and one copy of each application
form and duplicates of each Appendix with the Office for Emergency Management, Office of Price Administration and Civilian Supply, Washington, D.C
Sections 1302.3 and 1302.4 of Price Schedule No. 2 set forth the conditions
under which permission will be granted for the sale and delivery of secondary
aluminum Ingot at prices higher than the established maximum prices. These

By

Title of office

STATE OF

form relevant in determining whether the conditions set forth In sections 1302.3
and 1302.4 of Price Schedule No. 2 have been met. The Appendices should be

prepared only after reading the Instruction and Explanation herein
Application is hereby made pursuant to sections 1302.3 and 1302.4 of Price
Schedule No. 2 for permission to sell and deliver secondary aluminum Ingot in
accordance with the terms of the firm commitments described In Appendix A,
attached hereto: and to that end the applicant affirms:

A. That this application is filed for the purpose of enabling the applicant.
by completing sales of secondary aluminum ingot according to the terms of the
firm commitments described in Appendix A, to avoid loss In the disposition of
Inventories of aluminum scrap and secondary aluminum ingot on hand and on

order on March 24, 1041; and

B. That the firm commitments described in Appendix A were made prior to
March 24. 1941. and that deliveries thereon have not been made, to the extent
indicated In Appendix A: and

C. That the applicant did not enter into any of the firm commitments described in Appendix A In order to dispose of inventory of aluminum scrap or
secondary aluminum Ingot on hand or on order before such firm commitment
was negotiated by the applicant: and
D. That, in order to meet the firm commitments described In Appendix A.
the applicant has, in the manner and to the extent indicated In Appendix B.
acquired aluminum scrap and secondary aluminum ingot at prices higher than
the maximum prices set forth in Price Schedule No. 2; and

**:

County of

sections should be read carefully by the applicant.

The applicant should furnish information in the Appendices to the application

1941

day of

Dated this

On this

day of

1941, before me personally appeared

who being first duly sworn, did depose and say
of the

that be is the

: that he

and
executed the foregoing Application on behalf of said
WAK duly authorized so to do: and that he has knowledge of the facts and state-

ments set forth in said Application and in the Appendices thereto and that they
are accurate and complete to the best of his knowledge, information and belief.
[SEAL]

State of

Notary Public in and for the County of
My Commission expires
INSTRUCTIONS AND EXPLANATION

1 Appendiz 4 should contain a description of all the firm commitments which
the applicant is seeking permission to complete. This description must be suffidently complete to permit absolute identification of each such firm commitment
and every term thereof with respect to which permission is sought. The permis-

tion granted pursuant to this application will cover only sale or delivery in
accordance with the terms of the firm commitments as such terms are described

in Appendix A.

The applicant, therefore, should include in Appendix A at least the following
information with respect to each such firm commitment:
(a) Name and address of the purchaser.

(b) Date on which the firm commitment was made.

(c) The form of the commitment, 1. e., oral, exchange of letters, order

form, signed agreement, etc.

14

15

(d) Grades and the number of pounds of each grade of
aluminum ingot committed giving (1) grades and number of secondary

(b) With respect to each seller's acquisitions of aluminum scrap made to
meet such purchase orders: On advice of the seller, information to establish

that the seller acquired aluminum scrap prior to March 25, 1941, to meet
such purchase order at prices higher than the Scheduled price limitations

each grade already delivered: (2) grades and number of pounds pounds of
grade remaining to be delivered after March 24, 1941; (3) delivery of each

date

or dates: and (4) selling price per pound of each grade.

and the approximate quantities so acquired and not delivered prior to

If the commitment is in the form of a written agreement, a copy of the
ment should
be made
of Appendix
A and
submission thereof may In agree
event
be sufficient
to part
supply
the required
Information
in

March 27, 1941.
such

The applicant should not include in Appendix A firm commitments
the aggregate call for deliveries of secondary aluminum ingot in an which

prohibited under section 1302.4 of the Schedule. Under section 1302.4 amount

4 Definitions.-In this application form the following terms shall mean:
(a) "Firm commitment" means any contract for sale, for delivery. or
for transfer at a price, which imposes a binding obligation on a party
thereto to sell, deliver, or transfer at a price.
(b) "Secondary aluminum Ingot" means the kinds and grades of secondary

permission will be granted for sales or deliveries of secondary aluminum be

aluminum Ingot referred to in section 1302.15, Appendix B, of Price Sched-

In quantities greater than the quantity represented by Inventories of alumisun Ingut

ule No. 2.

scrap and secondary aluminum Ingot acquired at prices higher than

(c) "Aluminum scrap" means the kinds and grades of aluminum scrap

Scheduled price limitations and held on March 24, 1941, by (a) the applicant the

referred to In section 1302.14, Appendix A, of Price Schedule No. 2.

and (b) any dealer or other person who had acquired such Inventory

(d) "Grades" of secondary aluminum ingot and aluminum scrap means
the grades of secondary aluminum ingot and aluminum scrap referred to

meet
previously made firm commitment for sale or delivery of such SCTUP to
to the aapplicant.
2 Appendiz
that:

in sections 1302.14, Appendix A, and 1302.15, Appendix B, of Price Schedule

B should contain any evidence the applicant can offer to establish

No. 2

(a) The applicant secured the firm commitments described in Appendix

OFFICE FOR EMERGENCY MANAGEMENT

A in advance of acquiring the aluminum scrap or secondary aluminum Ingut
acquired to carry out such commitments, and

OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

(b) The prices paid by the applicant for Inventories later acquired to
fulfill the commitments described in Appendix A were higher than the
Scheduled price limitations.

WASHINGTON, D.
102:3

APPLICATION OF

3. Appendiz c should contain information with respect to inventories ac
quired and held by dealers for the applicant, and need only be prepared If th
applicant is resting its application, in part, upon deliveries of such inventories
Under Price Schedule No. 2 a dealer who has acquired prior to March 24

(Name of applicant)

1941. aluminum scrap at prices higher than the Scheduled price limitations and

for the purpose of meeting firm commitments made prior to March 24. 1941
for the sale of aluminum scrap to a further processor may secure permission
to sell or deliver such scrap to the processor at the committed prices. Conse

(Address)

For PERMISSION TO SELL ALUMINUM SCRAP AT PRICES HIGHER THAN THE

MAXIMUM PRICES ESTABLISHED BY PRICE SCHEDULE No. 2

quently if the applicant had prior to March 24, 1941, placed a firm order to

INTRODUCTORY

purchase aluminum scrap from a dealer for the purposes of meeting commit
ments described In Appendix A. and If the dealer upon getting such firm order
had thereafter purchased aluminum scrap at prices higher than the Scheduled

The applicant should file a sworn original and one copy of each application,

price limitations, the dealer may be permitted to complete delivery of such

and duplicates of each Appendix thereto, with the Office for Emergency Management, Office of Price Administration and Civilian Supply.

aluminum scrap to the applicant in accordance with the terms of the applicant's
firm order and the applicant to devote such Inventory to meeting its commitment
of sale of secondary aluminum ingot at the committed prices.

Section 1302.2 of Price Schedule No. 2 sets forth the conditions under which
permission will be granted for the sale and delivery of aluminum scrap at prices
higher than the established maximum prices. This section should be read care-

In such a case, Appendix C should set forth the following information and
any further information deemed appropriate by the applicant or its dealer:

fully by the applicant.

(a) With respect to each such firm purchase order of the applicant:
The name and address of the seller. the date on which the commitment
was made, the form of the commitment, the total aluminum scrap com
mitted to be sold to the applicant, showing the grade or grades, the selling

price of each grade. and the delivery date or dates and the quantities to
be delivered after March 27, 1941.
, See section 1302.2 of Price Schedule No. 2 wherein the dealer's selling price limitations
on aluminum scrap are made effective March 27. 1941.

The applicant should furnish in the Appendices to the application such information as may be relevant in determining whether the conditions set forth in
section 1302.2 of Price Schedule No. 2 have been met. The Appendices should
be prepared only after reading the Instructions and Explanation herein.

Application is hereby made pursuant to section 1302.2 of Price Schedule No.
2 for permission to sell and deliver aluminum scrap in accordance with the
terms of the firm commitments described in Appendix A, attached hereto, and

to that end the applicant affirms:

A. That this application Is filed for the purpose of enabling the applicant, by
completing sales of aluminum scrap according to the terms of the firm commit-

16
17

ments described in Appendix A, to avoid loss in the disposition of inventories

(c)

of aluminum scrap on hand on March 24. 1941, and

form. signed agreement, etc.

(d) Grades and the number of pounds of each grade of aluminum scrap
committed giving (1) grades and number of pounds of each grade already

B. That the firm commitments described in Appendix A were made prior to
March 24, 1941, and that deliveries thereon have not been made, except to the
extent Indicated in Appendix A: and

delivered (2) grades and number of pounds of each grade remaining to
be delivered after March 24, 1941; (3) delivery date or dates; and (4)

C. That the applicant did not enter into any of the firm commitments described

selling price per pound of each grade.

in Appendix A in order to dispose of inventory of aluminum scrap on hand or
on order before such firm commitments was negotiated by the applicant: and

D. That, In order to meet the firm commitments described in Appendix A. the
applicant has, in the manner and to the extent indicated in Appendix B, acquired

aluminum scrap at prices higher than the maximum prices set forth in Price

the commitment is in the form of a written agreement, a copy of the
agreement If should be made part of Appendix A and submission thereof may be
sufficient to supply the required information.

Schedule No. 2: and

E That, as of March 24, 1941, the applicant had on hand, as indicated in
Appendix B, aluminum scrap In amounts sufficient to complete delivery on the
commitments set forth in Appendix A; and

F. That the information contained in this application and In the Appendices
attached hereto is complete and accurate to the best knowledge of the applicant
The applicant understands and agrees that any permission granted pursuant to
this Application to sell at prices In excess of those established by Price Schedule

No. 2 may be revoked at any time, in whole or in part, upon It appearing that
the facts are not as set forth in this Application and the Appendices attached
hereto or that, for any reason, applicant is not entitled under the terms of said

Price Schedule No. 2, to make such sales.

By

1941.

STATE OF

County of
On this

the quantity represented by inventories of aluminum scrap acquired by the
applicant at prices higher than the Scheduled price limitations and held by
it on March 24. 1941. Permission will not be granted under section 1302.2
of the Schedule in excess of this amount.

2 Appendiz B should contain the best evidence the applicant can produce
to establish that:

(a) The applicant secured the firm commitments described in Appendix
A in advance of acquiring the aluminum scrap required to carry out such
commitments, and

(b) The prices paid by the applicant for Inventories later acquired to
fulfill the commitments described in Appendix A were higher than the

and detail as is practicable in the individual case.

as.

3. Definitions.-

day of

that be is the

The applicant should not Include in Appendix A firm commitments which in
aggregate call for deliveries of aluminum scrap in quantities greater than

The applicant should, wherever possible, identify by names of sellers, dates
of purchase, grades, quantities, prices, etc., the particular aluminum scrap
purchased to meet each respective firm commitment described in Appendix A.
It may also be possible to Identify such scrap as some particular part or
lot of present inventories. Information should be submitted in such form

Title of office
day of

the

Scheduled price limitations

Applicant

Dated this

The form of the commitment, 1. e., oral, exchange of letters, order

1941, before me personally appeared

who being first duly sworn, did depose and say
of the

: that be

executed the foregoing Application on behalf of said

and

was duly authorized so to do: and that be has knowledge of the facts and state

ments set forth in said Application and in the Appendices thereto and that they

(a) "Firm commitment" means any binding obligation to sell, deliver,
or transfer at a fixed price.

(b) "Aluminum scrap" and "grades" of aluminum scrap mean the kinds
and grades of aluminum scrap referred to in section 1302.14, Appendix A,

of Price Schedule No. 2.

are accurate and complete to the best of his knowledge, information, and belief.

Press Release

[SEAL]

Notary Public In and for the County of

Issuance of Price Schedule No. 2

State of

My Commission expires

March 24, 1941-PM 186

INSTRUCTIONS AND EXPLANATION

1. Appendiz A should contain a description of all the firm commitments which

the applicant is seeking permission to complete. This description must be
sufficiently complete to permit absolute identification of each such firm commitment and every relevant term thereof with respect to which permission
is sought. The permission granted pursuant to this application will cover
only sale or delivery In accordance with the terms of the firm commitments
as such terms are described in Appendix A.

The applicant, therefore, should include in Appendix A at least the following
information with respect to each such firm commitment:
(a) Name and address of the purchaser.

(b) Date on which the firm commitment was made.

A Price Schedule setting ceiling prices for aluminum scrap and
secondary aluminum, pegged to current prices for virgin aluminum,
was issued today by Leon Henderson, Director of the Price Stabilization Division, National Defense Advisory Commission.
High price levels attained by aluminum scrap and secondary aluminum during the past month made this action necessary, Mr. Hender-

son explained.

"The price schedule will be fully enforced," he said. "The powers
of the Government to place compulsory orders, to condemn or requisi-

18
19

tion properties, to issue priorities and to use other powers to carry out
the defense program will be exerted to the utmost against any person
whom we find to be disregarding these selling prices."

Price Schedules in order to carry out these firm commitments
the the original terms. However, it should be noted that this excepon will not be permitted beyond the amount of inventories already

Prices of aluminum scrap and secondary aluminum have recently
been subjected to serious inflationary pressures, Mr. Henderson

tion sequired either by the smelter or his dealer to carry out the commit-

asserted, both because of the failure of the sources of virgin aluminum
to meet current demand-especially the demand of fabricators making

new ment. Schedule become immediately and absolutely effective regardless

items for civilian needs-and because of the recent issuance of a
priorities order restricting the use of virgin aluminum to defense
purposes.

Under normal conditions, he continued, prices for secondary alu.
minum do not exceed prices for virgin aluminum. Recently, however,
the Price Stabilization Division has received reports of sales of aluminum scrap reaching prices as high as 32 cents a pound-almost
double the price of the virgin metal.
"Such prices are not required to draw out aluminum scrap," Mr.
Henderson said. "They are merely the results of a speculative demand
which has built up inflationary prices. There are supplies of scrap,
and these supplies will be tapped at reasonable prices, once it is under.

stood that the Government will not tolerate prices above a fair
maximum."

With this one exception the maximum prices set forth in the

any contracts.

This Schedule is the second to be issued by the Price Stabilization
Division. The first Schedule, issued February 17, established ceiling
prices for second-hand machine tools, relating the ceiling prices to the

prior annivalent new machine tools. "To date," Mr. Henderson
stated, "reports seem to show 100 percent compliance."
Mr. Henderson added that schedules are imminent in iron and steel

scrap as well as zinc scrap, and that apparently unwarranted price
increases in various other industries have been reported during the
past few days.

"Should these movements continue, price ceilings will have to be
established in these industries," he said. "We hope that this action
will not be necessary, but if it is, we are ready to enforce reasonable
price limits."

Press Release

The new Price Schedule establishes two ceiling prices for aluminum
scrap. The lower ceiling applies to the first sale of aluminum scrap

from the maker to any other person. The higher ceiling applies to
any sale of aluminum scrap thereafter by any dealer or other person
to any smelter, foundryman, fabricator, or other dealer. The two
ceilings are fixed O. b. the point of shipment and will allow the dealer
a margin of 11/2 cents per pound on clippings, borings and turnings,
and 1 cent per pound on other types of aluminum scrap.
The maximum prices for secondary aluminum ingot are applicable
to any sale or purchase of secondary aluminum ingot by any person.
Like the scrap schedules, these prices are made f. O. b. the point of shipment. They leave a spread of 3 to 4 cents per pound for the processors'
costs and profits.
"These ceiling prices," Mr. Henderson stated, "will give ample allowance for reasonable profit to both dealers and smelters. However,
recent demand for secondary aluminum indicates that there may be
some effort on the part of manufacturers and fabricators to purchase
scrap direct from dealers, thus circumventing the smelter. To forestall
this movement, the Schedule requires dealers to report any sales which
they make to any person other than a smelter."
The new Schedule will become immediately effective in a market

of already inflated prices. Consequently, a method is provided by
which smelters and dealers who have acquired inventories at prices
above the new maximum prices to meet previously arranged firm commitments for sales above ceiling prices may secure an exception from
20

Amendment of Price Schedule No.

May 3, 1941-PM 359
Amendments to Price Schedule No. 2, which established maximum

prices for aluminum scrap and secondary aluminum ingot, were announced today by Leon Henderson, Administrator, Office of Price
Administration and Civilian Supply. The amendments become effective May 5, 1941. An explanatory statement, answering the most

common inquiries as to interpretation of the Schedule, was also
released.

"These amendments," Mr. Henderson explained, "have been adopted

in order to give effect to customary trade practices and to forestall
attempts to use the price schedule as an excuse for charging the maximum prices for aluminum scrap which does not meet maximum stand-

ards. We have tried to make it clear that the established prices of
scrap are on the basis of clean and dry scrap of the highest quality
and are for carload lots. Appropriate differentials must be observed
where the material does not meet these standards."

The following are the principal changes made in the Price Schedule
by the amendments:

(1) The maximum price at which a maker of the scrap may sell
old aluminum sheet and aluminum utensils is lowered from 12c to 11e

per pound. No other change is made in the maximum prices of any
grades of aluminum scrap or secondary aluminum ingot.
21

Press Release

(2) It is emphasized that all maximum scrap prices are for clean
and dry scrap and that material not meeting these standards should
be sold at prices reduced below the maximum prices in proportion to
the percentage of dirt and moisture.

Amendment of Price Schedule No. 2

June 3, 1941-PM 497

(3) There has been eliminated the provision of section 1302.1 of the
Schedule which allowed makers of scrap to request permission from

Further amendments to Price Schedule No. 2 designed to simplify
administration of maximum prices for aluminum scrap and secondary

Office of Price Administration and Civilian Supply to sell directly

aluminum ingot were issued today by Leon Henderson, Administrator, Office of Price Administration and Civilian Supply.

to smelters at prices as high as the established dealers' prices where

such sales were customarily made prior to issuance of the Price
Schedule. This provision had caused some makers to expect exemption in cases in which the smelter performed functions of a dealer.
In lieu of this provision, there has been added a new section 1302.5
exempting from the Schedule customary sales of extrusion butts and
ends, sheet clippings or rod turnings of not more than one alloy, and
pure clips, where such sales are made by the maker of the scrap to
the producer of the material from which the scrap is made and pursuant to a written contract for the reconversion of the scrap into like
material and for sale of an equivalent amount of like material to the
maker. The contract prices must not, however, have been increased

since March 24, 1941.

(4) Aluminum scrap which is delivered in less than carload lots
must be sold at prices 1/2 cent under the established maximum prices
set forth in section 1302.14, Appendix A, of the Price Schedule.
(5) The maximum prices established by section 1302.15, Appendix
B, of the Price Schedule for secondary aluminum ingot are explicitly
stated to be for quantities of 30,000 pounds or more. An additional
1/4 cent per pound may be charged for quantities of 10,000 to 30,000
pounds, an additional 1/2 cent for quantities of 1,000 to 10,000 pounds,
and an additional 1 cent for quantities under 1,000 pounds.
Special attention is called, in the explanatory statement released
with the amended Price Schedule, to the procedure set up for consideration of applications for exceptions from the schedule. Dealers
and smelters which have acquired high-priced inventory before March
24, 1941, may, upon application to the OPACS, be granted permis-

Principal changes, effective June 3, include:
(1) Special secondary aluminum alloys have been removed from

that part of the schedule relating to secondary aluminum ingot.
The types of aluminum alloy ingot now covered by the schedule
include all silicon alloys, piston alloys, and No. 12 alloy. However,
the usual differentials based upon market prices of the ingredients
and the expenses of manufacturing are to be observed.
(2) Price regulation has also been removed from aluminum scrap
of designated grades produced by the aircraft industry, segregated

as to alloy, and returned to the supplier of the original material

for reconversion into similar material in accordance with
instructions of the Director of Priorities.
(3) Quantity differentials for aluminum scrap have been removed
but such differentials continue on secondary aluminum ingot sold
in less that 30,000-pound lots.

(4) A special note has been added to section 1302.14, Appendix A,

removing from the schedule aluminum foil and light-gauge sheet
which does not exceed 0.006 of an inch in thickness.

Removal of special aluminum alloys from the schedule of maximum prices gives the trade wider discretion in establishing fair
differentials for such ingots. However, producers and dealers are
expected to keep prices of such products in line with the maximum
prices established for the more standardized grades. It is expected
that customary differentials will be maintained. If this is not done

voluntarily, such differentials will have to be established by
regulation.

sion to carry out commitments entered into prior to that date at
prices in excess of the established maximum prices to the extent
necessary to avoid loss on such inventory. Exceptions may also be
granted so as to permit the charging of prices higher than those
scheduled for special alloys and special processing. Requests for
such exceptions should be made by presenting to Office of Price
Administration and Civilian Supply a full and verified statement of
the need for such exemption and the facts upon which it is to be
based. In case of a special alloy, this statement would ordinarily
include an analysis of the alloy.

22

23

GOVERNMENT 1041

OFFICE FOR EMERGENCY MANAGEMENT

114

Office of Price Administration and Civilian Supply
For Immediate Release
June 27, 1941

PM 628

An amendment to Price Schedule No. 8 designed to facilitate and encourage imports of scrap and secondary materials containing nickel was issued today by Leon

Henderson, Administrator, Office of Price Administration and Civilian Supply.

General effect of the amendment will be to permit the sale in this country of
imported scrap and secondary materials containing nickel at prices above the estab-

lished maximum prices. Resale prices will be sufficient to cover cost of importing
the materials, including duty, freight, insurance, etc. However, permission must
be obtained from CPACS to carry through each such transaction at the higher price.
Action was taken after consultation with the Office of Production Manage ement
and many persons within the industry because of the importance of nickel to the defense program. The amendment provides:

(1) Scrap and secondary materials containing nickel may be purchased abroad
at not above the maximum prices established in Schedule No. 8 for sales in this
country. The Schedule fixes maximum prices on an f.o.b. shipping point basis.

(2) The importer may then apply to OPACS for permission to sell such materiale

in this country at prices higher than those established as ceilings in Schedule
No. 8.

(3) Such sales in this country will not be permitted at prices exceeding the
maximum established in the Schedule for domestic sales, plus the duty, freight,

insurance, etc., that must be paid to bring the materials to this country, plus the
premiums allowed converters on sales of the particular kind or grade of scrap
material involved as set forth in Appendix A of the Schedule.
Forms on which application may be made for permission to sell imported scrap

or secondary materials containing nickel at prices above the fixed ceiling prices
are available upon request.

A copy of the amendment and of the application form are attached.

TITLE 32 - NATIONAL DEFENSE

115

CHAPTER XI - OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

Part 1308 - Scrap and Secondary Materials Containing Nickel
Amendment to Price Schedule No. 8
The great need of our defense industries for scrap and secondary materials containing nickel makes it necessary to amend Price Schedule No. 8 to facilitate and
encourage the importation of such materials,

Accordingly. pursuant to and under the authority of Executive Order 8734, Part
1308, Price Schedule No. 8, is hereby amended by the addition of the following
section:

I 1308.3a Imports

date 1308.1 and con 1308.2 apply to imports of any of the scrap or secondary mate-

rials described in Appendix A or B. However, any person who imports such materials
may apply for permission to sell such materials at prices higher than the maximum

prices set forth in the Appendices. Such permission shall be applied for in writing
upon forms available upon request made to the Office of Price Administration and

ivilian Supply, Washington, D. C. Permission will not be granted unless:

(a) the applicant has purchased the imported materials at prices not exceeding the maximum prices set forth in Appendix A or B; and

(b) the prices at which the applicant seeks to sell the imported materials
are approved by the Office of Price Administration and Civilian Supply. The Office
of Price Administration and Civilian Supply will not approve the sale of imported
scrap materials containing nickel at prices which exceed the delivered cost of the
materials to the applicant plus the premiums allowed a converter on sales of the

particular kind or grade of scrap material involved, as set forth in Appendix A, and

(c) the prospective consumer of the imported materials is disclosed.
Issued this 26th day of June, 1941.

LEON HENDERSON

ADMINISTRATOR

CERTIFIED TO BE A TRUE COPY OF THE ORIGINAL.

JOHN R. HAMM
DEPUTY ADMINISTRATOR

PM 628

OFFICE FOR EMERGENCY MANAGEMENT

OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

116

Washington, D. C.
APPLICATION OF

(Name of Applicant)
(Address)
FOR PERMISSION TO SELL IMPORTED SCRAP OR SECONDARY MATERIALS CONTAINING
NICKEL AT PRICES HIGHER THAN THE MAXIMUM PRICES ESTABLISHED BY

PRICE SCHEDULE NO. 8

The applicant herein requests permission, pursuant to the provisions of
1308.3a of Price Schedule No. 8, to sell the scrap or secondary materials containof nickel, described below, at prices higher than the maximum prices established by

rice Schedule No. 8, and to that end sets forth the following information:
1. Name and address of person from whom the materials were purchased.

2. Date of shipment.

3. If shipped by boat, name of boat.
4, Prices at which such materials were purchased.
Kind or Grade of Material

Total Cost to

Price

Applicant

(f.o.b.point of
shipment)

5. Name and address of person to whom such materials are to be sold.

6. State whether such purchaser is a dealer, converter or consumer and if
not a consumer, give the name of the prospective consumer.
7. Prices at which such materials are to be sold.
Price

Kind or Grade of Material

Applicant
By

Title of Office

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PM 628

117

Dated this day
. 1941.
of

)

State of

es:
)

County of

On this day of

1941, before me personally appeared

.

who being first duly sworn did depose
say that
thatand
he executed
of the
and was duly
,

:

he is the

the foregoing Application on behalf of said
authorized so to do, and that he has knowledge of the facts and statements set

forth in said Application and in the Appendices thereto and that they are accurate
and complete to the best of his knowledge. information and belief.
Notary Public in and
for of
the County of
State
.

My commission expires

8. Definitions:

(a) The term "person" includes an individual, partnership, association, corporation or other business entity.

(b) "Scrap or secondary materials containing nickel" and "kinds or
grades" of such materials mean the kinds and grades of scrap and secondary

materials containing nickel referred to in Appendix A and Appendix B of Price
Schedule No. 8.

###

118
OFFICE FOR EMERGENCY MANAGEMENT

Office of Price Administration and Civilian Supply
For PM Release

PM 637

Saturday, June 28, 1941

A schedule establishing ceiling prices for six leading types of cotton
cloth (grey goods) was issued today by Leon Henderson, Administrator, Office
of Price Administration and Civilian Supply.

The price ceilings established are generally about 15% below current

levels. It is pointed out, however, that during the past 12 months prices
of grey goods have risen sharply, the average increase amounting to 68% In
connection with contracts entered into at prices above the ceilings, the
schedule provides that sellers who have acquired grey goods at prices higher
than the applicable maximums prior to June 28 and who have contracted to
sell at higher than the maximums may make application to OPACS for permission

to carry out such contracts, provided that such deliveries are completed on
or before September 2, 1941.

The schedule establishes a maximum price of 39 cents per pound for

print cloth, carded broad cloth, and tobacco cloth; maximum prices of 30
cents, 32 cents, and 33 1/2 cents per pound for three classes of sheetings;
a maximum price of 25 cents per pound for part waste osnaburgs; and a maximum

price of 54 cents per pound for combed broadcloths. These prices are f.o.b.

the seller's point of shipment. They are gross prices before discounts of
any nature and they include all commissions.

The price ceilings take into account the current price of raw cotton
and at the same time make adequate allowance for operating costs of mills.

In the case of print cloth, for example, the 39 cent ceiling allows for a mill
Margin of 21 cents a pound and a cotton content cost of 18 cents a pound.
The mill margin at the present time is around 28 cents a pound, having moved

119
PM 637

-up to this level from 21 cents reached in the third week in March. Since
1925 the mill margin has exceeded 21 cents in only four years-1925, 1933,
1937, and the present time--thus indicating the reasonableness of the 21

cent figure. Mill margins of 17, 18, and 19 cents early in the year were
highly stimulating to production and the 21 cent figure allows fully for
any recent wage and other cost increases which may have occurred.

Ceiling prices in the schedule are mandatory only as to the types of
grey goods specified. It is expected, however, that ceilings on these six
types will establish a basis for prices of other constructions and that

normal interplay of market forces will bring the others into line. If this
does not happen the ceilings will be extended to cover specifically other
types of grey goods. Prices charged by converters are expected to reflect

the lower prices established in the ceilings and will be watched closely.
OPACS is currently studying the price situation for rayon fabrics and if
necessary will also take action in that field.
Text of the schedule is attached.

120
TITLE 32 - NATIONAL DEFENSE

PM 637

CHAPTER XI - OFFICE OF PRICE ADMINISTRATION
AND CIVILIAN SUPPLY

Part 1316 - Cotton Textiles
PRICE SCHEDULE NO. 11 - Cotton Grey Goods

The Office of Price Administration and Civilian Supply is charged with the
maintenance of price stability and the prevention of undue price rises and dislocations.

Cotton Grey Goods are used as the basic fabric for finished cotton textiles.
They are also used extensively in an unfinished state. Finished cotton textiles
constitute a major portion of the material used in both military and civilian
clothing. Furthermore, Cotton Grey Goods, in both their finished and unfinished
states, are indispensable to the manufacture of numerous other items used by both
the armed forces and civilians.

In the last 12 months the cotton grey goods market has advanced sharply.

During that period there has been a 68 per cent increase in the average price
of the principal constructions. This has meant a 106 per cent increase in the
average mill margin for those types of cloth. This upward price movement has

been out of all proportion to any increases in costs of materials and production.

Largely responsible for this inflationary trend have been the fear of buyers that
prices would continue to rise, and the activity of speculators and hoarders who
have taken advantage of this fear and of the heavy demand for textiles arising
from defense needs.

It is apparent, therefore, that in order to insure stability of the price
structure and to forestall widespread speculation, hoarding. and profiteering,
the national defense and the public interest require that maximum prices be established for Cotton Grey Goods.

The maximum prices set forth below alloy a mill margin substantially above
the average which the industry had enjoyed during the past five years.
On the basis of information secured by independent investigation by this
Office, and upon information furnished by the trade, I find that the maximum
prices herein established are necessary and reasonable.

-2-

PM 637

Accordingly, pursuant to the authority vested in me by
Executive Order No. 8734, and after consultation with the Price

Administration Committee, it is hereby directed that:
§ 1316.1 Definitions
(a) The term "Cotton Grey Goods," as used herein, means

cotton grey goods, in their unchanged mill state, of the types
listed in Section 1316.7 hereof; it does not include any cotton
grey goods which, in the performance of a recognized commercial

service, have been either (i) further processed or (ii) cut and
repackaged.

(b) The term "person" includes an individual, corporation

tion, association, partnership, or other business entity.*
§§ 1316.1 to 1316.8, inclusive, are issued pursuant to the
authority contained in Executive Order No. 8734.
§ 1316.3 Maximum Prices Established for Cotton Grey Goods

(a) On and after June 30, 1941, regardless of any commitment

theretofore entered into, no person shall sell or deliver, or offer
to sell or deliver, any Cotton Grey Goods, and no person shall buy

or accept delivery of, or offer to buy or accept delivery of. any
Cotton Grey Goods at a price exceeding the maximum prices set

forth in Section 1316.7, except that:
(1) Any person who prior to June 30, 1941, acquired
Cotton Grey Goods at a price higher than the applicable maximum price set forth in Section 1316.7,

and prior to that date entered into a firm commitment for the sale of such Cotton Grey Goods to any
person, may, upon approval by the Office of Price

Administration and Civilian Supply of an applica-

121

-3-

PM 637

122

tion filed on or before July 31, 1941 on Form No.
111:1 (copies of which may be obtained on request

made to the Office of Price Administration and Civilian Supply, Washington, D. c.) be permitted to deliver and accept payment for Cotton Grey Goods at

the price contract for, provided that such deliveries
are completed on or before September 2, 1941;

(2) The prices established herein are not applicable
to sales or deliveries of Cotton Grey Goods to
any person or persons outside the United States,

its territories and possessions.
(b) The prices established by this Schedule are f.o.b. the
the seller's point of shipment. They are gross prices before discounts of any nature are deducted and they include all commissions.
§ 1316.3 Records. Every person who, during any calendar month,
shall sell 500 pounds or more of Cotton Grey Goods shall keep

for inspection by the Office of Price Administration and
Civilian Supply. and preserve for a period of not less than
one year, a complete and accurate record of every sale of
Cotton Grey Goods made during such month, the person to whom

such sale was made, the date thereof, the price paid, and the
quantity and specifications of the goods sold.*
§ 1316.4 Reports. On or before August 7. 1941, and on the
7th day of each calendar month thereafter, every person who,
during the preceding calendar month, has made sales or de-

liveries, other than those described in Section 1316.2 (a)
(2), of Cotton Grey Goods aggregating 500 pounds or more shall

submit to the Office of Price Administration and Civilian
Supply a report, on Report Form No. 111:2 (copies of which

--

PM 637

may be obtained upon request made to the Office of Price Ad-

ministration and Civilian Supply, Washington, D. c.), in which
he shall make a sworn statement that during the preceding

calendar month all such sales, either for immediate or future
delivery, and deliveries, other than those described in Section 1316.2 (a) (2), were made at prices in conformity with
this Schedule or with an exception or modification thereof.

§ 1316.5 Enforcement. In the event of refusal or failure
to abide by the price limitations, report requirements, and
other provisions contained in this Schedule, or in the event of
any evasion or attempt to evade the price limitations or other
provisions contained in this Schedule, the Office of Price Administration and Civilian Supply will make every effort to assure (i) that the Congress and the public are fully informed of
any failure to abide by the provisions of this Schedule, and
(11) that the powers of the Government are fully exerted in order

to protect the public interest and the interests of those persons
who conform with this Schedule in the observance of the maximum

prices herein set forth. Persons who have evidence of the de-

mand or receipt of prices above the limitations set forth, or any
evasion of or effort to evade such prices, or of speculation, or
of the hoarding or accumulation of unnecessary inventories

thereof, are urged to communicate with the Office of Price
Administration and Civilian Supply.*
§ 1316.6 Modification of the Price Schedule. Persons complaining of hardship or inequity in the operation of this Schedule may

apply to the Office of Price Administration and Civilian Supply
for approval of any modification thereof or exception thereto.*

123

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PM 637

124

§ 1316.7 Schedule of Maximum Prices
Maximum Prices for Cotton Grey Goods

Price per pound, f.o.b.
seller's point of shipment

Type of Cloth

Standard print cloth,

$ 39

40" and narrower

Carded broadcloth, 40" and
narrower, 100 sley and below

.39

Combed broadcloth, 40" and
.54

narrower, 136 sley and below
Sheetings, 40" and narrower
A. Yarn numbers up to

15s, inclusive

.30

B. Yarn numbers 16s to
21s, inclusive

.32

C. Yarn numbers above

.335

21s

Part waste osnaburgs, 40" and
narrower

.25

Tobacco cloth, 40" and narrower

.39*

§ 1316.8 Effective Date. This Schedule shall take effect
June 28, 1941.*

Issued this 27th day of June, 1941.

/s/ Leon Henderson
Leon Henderson,

Administrator

Certified to be a true copy
of the original

John E. Hamm,

Deputy Administrator

125
OFFICE FOR EMERGENCY MANAGEMENT

OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

For Immediate Release
July 1, 1941

PM 649

Priority status for repair and maintenance materials and equipment

required for uninterrupted operation of a wide range of industrial
processes and public services was assured today when the Civilian Supply

Allocation Division of the Office of Price Administration and Civilian
Supply promulgated an allocation program covering such items.

Action was necessitated by growing demands on raw materials as re-

sult of the defense program and the priorities granted in connection

therewith which have made it difficult for manufacturers of repair and

maintenance materials and equipment to fill their orders. Effect will
be to assure continued operation of essential industries and services

which otherwise might have to curtail because of inability to secure
needed repair or maintenance parts.

The program covers 26 industries and services whose continued opera-

tion is essential to the public welfare and maintenance of civilian supplies. Other industries will be added when their problems have been
analyzed. The program provides that such materials and equipment shall

be allocated prior to all other civilian requirements and prior to defense
requirements to the extent consistent with the defense program as determined by the Office of Production Management. Administration and enforcement of the program will be carried out by the OPM.

Text of the program including the list of industries and services
covered is attached:

125
OFFICE FOR EMERGENCY MANAGEMENT

OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

For Immediate Release
July 1, 1941

PM 649

Priority status for repair and maintenance materials and equipment

required for uninterrupted operation of a wide range of industrial
processes and public services was assured today when the Civilian Supply

Allocation Division of the Office of Price Administration and Civilian
Supply promulgated an allocation program covering such items.

Action was necessitated by growing demands on raw materials as re-

sult of the defense program and the priorities granted in connection

therewith which have made it difficult for manufacturers of repair and
maintenance materials and equipment to fill their orders. Effect will
be to assure continued operation of essential industries and services

which otherwise might have to curtail because of inability to secure
needed repair or maintenance parts.

The program covers 26 industries and services whose continued opera-

tion is essential to the public welfare and maintenance of civilian supplies. Other industries will be added when their problems have been
analyzed. The program provides that such materials and equipment shall

be allocated prior to all other civilian requirements and prior to defense
requirements to the extent consistent with the defense program as determined by the Office of Production Management. Administration and enforcement of the program will be carried out by the OPM.

Text of the program including the list of industries and services
covered is attached:

126
PM 649

TITLE 32 - NATIONAL DEFENSE
CHAPTER XI: OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

Part 1318 - Materials and Equipment
Used in Maintenance and Repair Work

Civilian Allocation Program for Materials
and Equipment Used in Maintenance and Repair Work

Increasing demands from all sources and the priorities
granted to defense requirements have made it difficult for other
enterprises to obtain materials and equipment needed for purposes
of maintenance and repair quickly enough SO that essential opera-

tions can be maintained without interruption. It is necessary,

therefore, to provide priority status for the materials and equipment required to maintain such existing facilities in a satisfac.
tory operating condition.
Furthermore, is cases where unforeseeable breakdowns occur
and the need for equipment and materials becomes acute, a very

high level of preference is required.
Accordingly, pursuant to and under the authority vested
in me by Executive Order No. 8734, particularly Section 2(a) there-

of, the following program for the allocation of materials and equipment for maintenance and repair of facilities employed in non-defense
operations is announced:

can 1318.1 Allocation of Materials and Equipment for Maintenance
and Repair. Materials and equipment necessary for

the maintenance and repair of facilities employed in operations in

the following classifications shall be allocated to such use prior to
the satisfaction of other competing civilian demands:
Railroads

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PM 649

127
Street railway, subway, elevated, and interurban lines
Commercial airlines maintaining regular scheduled service
Commercial operation of motor buses - local, interurban
and interstate
Shipping - including ocean, lake, river and canal commerce

Pipe lines - oil and gas
Commercial operation of motor trucks
Highway maintenance

Telephone communication
Telegraph communication

Radio commercial communication - including commercial
broadcasting

Electrical energy production and distribution
Gas production and distribution - manufactured and natural
Water production and distribution
Sewer service

Petroleum production and refining
Food processing and storing
Farm equipment employed in farming operations
Mining and quarrying
Coke converting

Metallurgical plants engaged in the production of raw materials
Production of chemicals

Protective services - fire and police
Research - industrial and academic

Hospitals, clinics and sanatoria

Public buildings, institutions, schools and parks.*
.

§ 1318.1 to 1318. 5 inclusive, issued pursuant to the authority
contained in Executive Order No. 8734.

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PM 649

128

§ 1318.2 Energency Kaintenance and Revair. Materials and
equipment necessary for emergency maintenance and repair of facilities

in the above classifications shall be allocated to such use prior to
all other civilian requirements and prior to defense requirements to
the extent consistent with the defense program as determined by the
Office of Production Management.*

§ 1318.3 Avoidance of Excessive Inventories. Allocations
made under this program shall not be used to accumulate excessive

inventories, or to divert parts still serviceable.*
can 1318. 4 Definitions. As used herein, the term "maintenance" means the upkeep of property and equipment, and the term

"repair" means the restoration of property and equipment to a
sound state after wear and tear, damage, destruction of parts,
or the like. These terms include replacement of parts which have
been worn out, damaged or destroyed, but do not include replacement when the new part or parts represent a changeover in model,

the introduction of superior type equipment to replace usable

equipment of an older or inferior type or design, or a substitution more extensive than that which is necessary to replace the
part or parts that are worn out, damaged or destroyed.*

8 1318.5 Enforcement. The foregoing program is to be
administered and enforced by the Office of Production Management.

Issued this 30th day of June, 1941.

Leon Henderson,

Administrator

Certified to be a true copy of the original
John E. Hamm

Deputy Administrator

OFFICE FOR EMERGENCY MANAGEMENT

129

OFFICE OF PRICE AIMINISTRATION AND CIVILIAN SUPPLY

For Immediate Release

PM 651

Tuesday, July 1, 1941

Emergency allocation of material and equipment necessary for con-

struction and repair of machinery needed by the canning industry to
handle this year's crop of perishable vegetables and fruits was order-

ed yesterday by the Civilian Supply Allocation Division of the Office
of Price Administration and Civilian Supply, Leon Henderson, Administrator, announced.

Action was taken through issuance of a civilian allocation program
to be administered, enforced, and limited by the Office of Production

Management. Effect will be to avoid loss of a part of the year's crop
because of shortages of canning equipment, thus aiding in the maintenance

of civilian supplies of needed foodstuffs.
The program provides that deliveries of equipment and material, now

on the Priorities Critical List, necessary for construction and repair
of machinery in various parts of the canning industry shall be given
emergency preference ratings to the extent found consistent by OPM with
the defense program. The program applies to orders manufacturers have

on hand calling for delivery on or before August 1 and to be actually
shipped not later than August 15.
Copy of the program is attached:

PM 651

TITLE 32 - NATIONAL DEFENSE

130
CHAPTER XI - OFFICE OF PRICE ADMINISTRATION AND CIVILIAN SUPPLY

Part 1317 - Material and Equipment

for the Construction and Repair of
Canning Machinery

CIVILIAN ALLOCATION PROGRAM

At the present time there is an urgent need for material and equipment necessary for the construction and repair of machinery for the canning

industry. There is insufficient machinery to can this year's perishable
vegetable and fruit crop, which will result in the loss of a portion of
this year's crops unless prompt measures are taken to remedy the shortage.

It is necessary, therefore, to allocate sufficient material and equipment
to the construction and repair of canning machinery to meet the present
emergency.

Accordingly, pursuant to and under the authority vested in me by

Executive Order No. 8734, particularly Section 2(a) thereof, the following program for allocation of material and equipment necessary for the
construction and repair of canning machinery is announced:
§

1317.1 Emergency Allocation of Material and Equipment for the

Construction and Repair of Canning Machinery. Deliveries of equipment

and material now on the Priorities Critical List which are necessary for
the construction and repair of machinery to be used in the preparation,

processing, filling, labeling, closing and packaging of this year's fruit
and vegetable crops shall be given an emergency preference rating effec-

tive for obtaining such equipment and material to the extent determined
by the Office of Production Management to be consistent with the defense
program; provided, however, that the manufacturer of the machinery has

on hand orders calling for its delivery on or before August 1, 1941, and

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131
PM 651

the machinery is to be actually shipped not later than August 15, 1941.
*c 1317.1 to 1317.2, inclusive, issued pursuant to
the authority contained in Executive Order No.
8734.

§ 1317.2 Administration. Enforcement and Limitation. This program
shall be administered, enforced and limited by the Office of Production
Management.

Issued this

day of June, 1941.

Leon Henderson,

Administrator

CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL.

John E. Hamm, Deputy Administrator

132

July 3, 1941
MEMORANDUM FOR THE SECRETARY

From: Mr. Blough

According to Mr. Perlmeter of the Associated
Press you asked him to talk with me about the proposed tax on leased wires, which he feared might be
applicable to newspaper wire services.

In the absence of some affirmative action by
the Committee, leased wire services for newspapers

and radio broadcasters would not be subject to the
proposed excise tax.

The existing exoise tax on telephone and telegraph messages would be extended to leased wire ser-

vices under the provisions of the proposal adopted
tentatively by the Ways and Means Committee. How-

ever, there is now a provision (Section 3466 of the
Internal Revenue Code) exempting from tax the telephone and telegraph services used by newspapers and

radio broadcasters. In the absence of action by the
Committee, this exemption would presumably apply to

the tax on leased wires. So far as I am aware, no
consideration has been given to this specific question.

RomyBlough

133
TREASURY DEPARTMENT

Washington
FOR IMMEDIATE RELEASE

Thursday, July 3, 1941

Press Service
No. 26-30

Secretary Morgenthau today announced a plan to make it easier

for taxpayers, large and small, to meet the unprecedented tax bills
required by the National Defense program. Under this plan, two
series of notes would be issued as outlined below, both dated
August 1, 1941, and maturing August 1, 1943.

On January 1 of each year hereafter, two new series will be
provided so that a taxpayer can always purchase notes during the

entire year in which he is receiving his income, to be used in pay-

ment of his taxes due in the following year. The reason for the
two-year note is to permit a taxpayer, if he so desires, to begin
saving in January of one year and continue throughout that year
to save for his taxes due in March, June, September, and December
of the following year.

All notes are to be sold at par and accured interest, if any,
and will be redeemed at any time after three months from the month
of issue, but not before January, 1942, when presented in payment

of income taxes at par and accrued interest up to and including

the month in which such taxes are paid. Interest will not accrue
beyond the maturity of the notes. If not presented in payment of

134

-2income taxes, they will be redeemed for cash under certain specified

conditions at the purchase price paid for the notes. In other
words, the taxpayer, in this case, gets back just the amount he
paid for the notes and no more.

The notes will not be registered, but will have the purchaser's name and address inscribed thereon so that the Collector
of Internal Revenue can compare the purchaser's name with that on

his tax return. They will not be transferable; nor can they be
used as collateral. Applications for purchases of both series of
notes can be made through the taxpayer's bank and the bank may

credit the proceeds to its War Loan Deposit Account, if it has
such an account. Applications can also be made directly to the
Federal Reserve Banks or to the Treasurer of the United States.
These notes may be used to pay any Federal income taxes

(current and back personal and corporation taxes, and excess-

profits taxes). Further details regarding those issues will be
contained in the official circular to be released about
July 20, 1941.

TAX SERIES - A-1943

Notes of this series will be issued in denominations of
$25, $50, and $100. The amount of this series which can be

135

-3presented in payment of income taxes will be limited to $1200 in
any one tax year by any one taxpayer. The notes will provide

a return of about 1.92 per cent a year, but the rate per cent
will not be expressed. For a $25 denomination, it will be expressed at 4 cents a month, $50 denomination at 8 cents a month,

and for the $100 denomination at 16 cents a month. By following
this method it is made simple to compute the cost when the taxpayer purchases the notes and simple both to the taxpayer and

the Collector of Internal Revenue to compute the credit that may
be applied to the taxes due. There will be a schedule of values
printed on each note. These notes will be redeemed for cash at

the Federal Reserve Bank of issue at any time at the price paid
by the taxpayer.

TAX SERIES - B-1943

Notes of this series will be issued in denominations of
$100, $500, $1,000, $10,000, and $100,000. The amount of these

notes which can be presented in payment of taxes is limited only
by the amount of taxes due. The Secretary will, however, reserve

the right to reject any and all subscriptions. The notes will
provide a return of slightly less than 1/2 of 1 percent (about
0.48%) a year, but here, as in Series A, in order to simplify

136

-computations, the rate per cent will not be expressed. It will
be stated as 4 cents a month for a $100 denomination, 20 cents

for a $500 denomination, and so on. There will be a schedule of
values printed on each note. These notes will be redeemed for
cash at the Federal Reserve Bank of issue, after sixty days and

upon thirty days' notice at the price paid by the taxpayer.
ooOoo

137
TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION

DATE July 3, 1941

Secretary Morgenthau
Mr. Kuhn

In connection with the new tax notes, you might wish to make
the following points at your press conference:

1. American taxpayers have shown in a great variety of ways

that they are willing to pay the heaviest tax bill in history for
the sake of national defense. Congress is now considering a tax

bill that will produce three and a half billions in additional
revenue, in accordance with the expressed wish of the people. The
Treasury's primary purpose in issuing these new notes is to serve
the convenience of the men and women who are ready to put their

dollars to work for the safety of the country.
2. But we have other purposes which, we think, will be served

by these new securities. I hope that the new tax notes will encourage thrift by enabling men and women to save regularly for

meeting their tax bills. I also hope that they will speed up tax
collections, reduce the volume of back taxes payable, and thus save
the government unnecessary expense. Finally, if these tax notes are

to fulfill their purpose, they will help to check the rising cost
of living by withdrawing taxes from current earnings.

138

TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION

m

DATE July 3, 1941
Ferdinand Kuhn, Jr.

Herbert Merillat
PRESS OPINION ON TAXES:
REACTION TO COMMITTEE BILL

Two opinions are found in almost all editorial comment on the
Ways and Means Committee's personal income tax proposals: (1) that

the failure to broaden the base is a major defect in the bill, and
(2) that the proposed taxes are very severe even though smaller in
the lower brackets than the Treasury requested.

On the subject of a broader base, most editorials take this
line: persons below the present exemption levels ought to make

direct tax payments in this emergency, in order to have a feeling
of sharing in the defense program and to acquire an interest in

federal fiscal affairs; too much of the proposed tax burden falls on
individuals with "moderate" incomes; the fact that steep surtaxes
apply to the first dollar of income above the personal exemption
makes more pronounced the discrimination in favor of persons now

exempt from the income tax; the Committee is guilty of playing

politics with an important issue and only refrains from reducing
exemptions out of fear of losing votes.

-2-

139

Along with remarks on the severity of the new taxes there are
frequent admonitions to taxpayers that they should begin to plan

now how to meet their tax bills. Careful budgeting will be required

of lower-bracket incomes, it is said. Anticipating the Treasury's
announcement of details of its tax-prepayment plan, many papers
have remarked on the need for such a plan and praised the Treasury
for preparing it.
Excises

As OPACS runs into difficulties in its price-control program,
interest has mounted in measures to prevent inflation. Price

control occupies the center of attention, but the importance of
taxes is recognized. Business Week suggested that OPACS and OPM

prepare lists of consumer goods, consumption of which should be or

will be curtailed, and use such lists as a basis for working out
schedules of excises.

The New York Times recently outlined a program of excise taxa-

tion similar in principle to the Henderson-Eccles excise suggestions, and called for (1) minimum taxes on necessary and useful

articles of which there is no shortage; (2) maximum taxes (consistent with a revenue-raising purpose) on luxuries not competing
with defense; and (3) taxes sufficiently heavy to discourage consumption of durable consumer goods competing with defense.

-3-

140

No comment is yet available on the list of excises tentatively
agreed upon by the Committee.

Labor and Inflation

In line with labor's attitude on the danger of inflation,
described in last week's report, Philip Murray's article in the
June 28 issue of "The Nation" scouts the idea that the nation faces
a'serious shortage of consumer goods, with consequent inflation.
He sees no need for living standards to be lowered and attacks
tax proposals which have promoted as inflation curbs - taxes on
low incomes and "deferred pay" plans.

141

TREASURY DEPARTMENT
INTER OFFICE COMMUNICATION

DATE July 3, 1941
Secretary Morgenthau

E.H. Foley, Jr.

You have the legal authority to authorize
the Des Moines Register and Tribune to publish the
reproduction of the savings stamp in a mimeographed

line drawing 4 x 6" . Secret Service has no objection
to your authorizing the reproduction of the stamp.
9.10

7h

142
CONFIDENTIAL

UNITED STATES SAVINGS BONDS AND SAVINGS STAMPS

Monthly Sales in June Compared with May, 1941

On Basis of Issue Price
(Amounts in thousands of dollars)

:

:

:

:

Stamps

:

Total

:

Series G Banks

May

Amount

:

:

Series , Banks

:

Series I Total

May

Monthly

:

Series E Banks

June

Daily Average*
June

Daily Average
Amount
: Percent

:

:

Monthly

Decrease in June compared with May

:

Series I Post Offices

:

Item

Sales

Percent :

$ 40,788
57.936

$ 42,836

$ 1,632

$ 1,648

$ 2,048

72,059

2,317

2,772

14,123

19.6

455

16.4

98,725
22,965
147,275

114,895
45,521
277,872

3,949

16,170
22,556
130,597

14.1
49.6
47.0

470

5,891

4,419
1,751
10,687

10.6
47.5
44.9

$268,965

$438,288

$ 10,759

$ 16,857

$169.323

38.6%

$ 6,098

36.2%

$ 2,998

$ 3,475

$ 120

477

13.7%

$

14

10.4%

919

$

134

$

Office of the Secretary of the Treasury, Division of Research and Statistics.

4.8%

$

1.0%

16

832

4,796

July 3. 1941.

Source: Division of Savings Bonds. Figures shown as post office sales of Series I bonds are deposits by postmasters with the
Treasurer of the United States. The bank figures are taken from Federal Reserve Bank reports (weekly reports for
Series E: daily reports for Series F and G) and include their own sales. Stamp figures are estimated by the Post
Office Department; figures through June 7 have been prorated to agree with complete reports by postmasters which are
made quarter-monthly.

Average per business day. There were 25 business days in June and 26 in May.
Note: Figures have been rounded to nearest thousand and will not necessarily add to totals.

STRICTLY CONFIDENTIAL
143
CCC 5/8 Percent Notes Maturing on August 1, 1941
Amount Owned on May 31, 1941 by the Twenty-Five

Largest Holders Reporting to the Treasury

(In millions of dollars)
Netropolitan Life Insurance Co. New York
First National Bank, New York, N.Y

Commerce Trust Co. Kansas City, Mo
Bank of Manhattan Co., New York
French American Banking Corp., New York, N.Y.

J. P. Morgan & Co., Inc., New York

National Bank of Detroit, Detroit, Mich

Bankers Trust Co. New York

Lumbermen's Mutual Casualty Co., Chicago, Ill
Brown Brothers Harriman & Co., New York

16.0
14.4
8.5
8.5
8.1
6.3
6.1
6.0
4.2
3.2

Bank of North Dakota, Bismarck, N.D.
City National Bank & Trust Chicago
Manufacturers' Trust Co., New York
First National Bank, Boston, Mass

3.1
2.7
2.7
2.3

First National Bank of Chicago, Chicago, Ill

2.2

American Trust Co., San Francisco

2.0
2.0
1.9
1.8
1.8

Bank of America N.T. & S.A., San Francisco
United States National Bank, Portland, Ore
First Huntington National Bank, Huntington, W.Va

1.6
1.3
1.3
1.1
1.1

First National Bank, Shreveport, La
The Detroit Bank, Detroit, Mich
New York Life Ins. Co., Madison Square, N.Y
Anglo-California National Bank, San Francisco

Central Missouri Trust Co., Jefferson City, Mo
Providence Institution for Savings, Providence, R.I.
Total amount owned by 25 largest holders
Total amount outstanding

110.2
202.6

Percent of total owned by 25 largest holders

54.4%

Office of the Secretary of the Treasury,
Division of Research and Statistics.

July 3, 1941

Secretary orgenthau
DEFENSE SAVINGS STAFF

144

ADVANCE NOTICE RADIO PROGRAMS

THURSDAY - JULY 3, 1941

Time:

9:30 - 9:45 A.M.

Program:

Stepmother

Station:

WJSV

Time:

9:45 - 10:00 A.M.

Program:

Woman of Courage

Station: WJSV

Time:

1:00 - 1:15 P.M.

Program:

Young Dr. Malone

Station: WJSV

Time:

9:00 - 9:15 A.M.

Program:

The Story of Bess Johnson

Station: WRC

THESE PROGRAMS PROMOTE THE SALE OF DEFENSE BONDS AND STAMPS.

145
July 3, 1941

TO:

The Secretary
Mr. Adams

Mr. Callahan
Mr. Dietz
Mr. Graves

Mr. Houghteling
Mr. Kuhn
Mr. Mahan

Prof. Odegard
Mr. Olney
Mr. Paige
Mr. Powel
Mr. Sloan
FROM:

Mr. Duffus

Thursday, July 3rd, "Rochester" (of radio fame)
appeared on our 4:45 broadcast and we had two band concerts matinee and evening.

For July 4th, we will have the American Legion Boys'
Band in the afternoon and, at 7,30 p.m. we will have the Navy
Band with Lucy Monroe, the "Star Spangled Banner" soprano, on
a CBS hook-up.

The Navy Band will also give a concert Saturday noon.

146

Presented by

fileds

TREASURY DEPARTMENT
WASHINGTON

SAVINGS

7-3-41

STAFF

"AMERICA PREFERRED"

A half-hour program sponsored by the Treasury Department
over the Mutual Broadcasting System, Sunday, 12:00 to 12:30 PM,

originating in New York. The present set-up calls for a ten
weeks series with Mutual agreeing to continue indefinitely.

This program is designed for the cultural and classical
type of listener.
Opening program, Sunday, July 13

Pierre van Paassen - narrator
Guest speakers (two will be selected by Thursday)
Louis Adamic - Jugoslavia
Martha Ostenso - Norway

Angelo Patri - Italy

Albert Einstein - Germany
Dean Alfange - Greece

Guest artist

Jarmila Novotna - Czechoslovakia
Metropolitan Opera Star - Soprano

Mr. van Paassen and the Legion for American Unity want to
have the following people appear on the first program for a few
seconds to greet the opening of the series. Mrs. Roosevelt
could speak for three or four minutes from Washington. The
following names (with the exception of Mrs. Roosevelt) are now
being contacted by Mr. van Paassen and his manager. We will
know by Thursday afternoon whether or not this angle works; if

it does, we will have a 45-minute show the first time. Following
is a list of names suggested by Mr. van Paassen:

Somerset Maugham

Bernstein

Erich Remarque

Jan Struthers

Sinclair Lewis
VanWyck Brooks

Mrs. Henri Ference Sigrid Roosevelt Undset Molnar

Theodore Dreiser

Walter Winchell

Jules Romain
Paul Lukas
Anna Tolstoy
Ernest Hemingway

Pastors - Conference
of Jews and Christians

147
TREASURY DEPARTMENT
WASHINGTON

DEFENSE SAVINGS STAFF

GUEST ARTISTS WHO HAVE BEEN ASSIGNED DEFINITE DATES

Jarmila Novotna - Metropolitan Opera Soprano - July 13th
Jan Peerce - Metropolitan Opera Tenor - July 20th
Ania Dorfmann - Pianist - August 3rd

Mischa Elman - Violinist - August 24th
Artur Schnabel - Pianist - October 5th

Efrem Zimbalist - Pianist - July 27th (He may change the date)

148
TREASURY DEPARTMENT
WASHINGTON

DEFENSE SAVINGS STAFF

GUEST ARTISTS TO WHOM WE WILL ASSIGN DATES AS WE SECURE THEM

Sergei Rachmaninoff - Pianist

Yehudi Menuhin - Violinist

Jascha Heifetz - Violinist
Vladimir Horowitz - Pianist

Jose Iturbi - Pianist
Adolph Busch - Violinist

The Legion for American Unity, at my request, has formed a

Guest Artists Committee which will serve as the date booking

bureau for the artists. The committee is composed of the
following outstanding names in the musical world: Ernest Bloch,
composer; Samuel Chotzinoff, musical critic; Walter Damrosch,
composer and conductor; Ernest Hutcheson, President, Juilliard
School of Music; Hermann Irion, Steinway and Sons; Hans Kindler,
Conductor, National Symphony Orchestra; Lotte Lehmann, Metropolitan

Opera Star; and Frits Reiner, Musical Director, Pittsburgh Symphony
Orchestra.

149

JUL 3 1941

Dear General Arnolds

Thank you for your memorandum of June 23, 1941,

enclosing a copy of the Proceedings of the Joint
Aircraft Committee. The work of the Committee is of
considerable interest to me, and I appreciate your
sending the report to no.
Sincerely,

(Signed) E. Borgenthesi, m
Major General H.H. Arnold,
Chairman, Joint Aircraft Committee,
Washington, D. 0.

WLIVER 7/1/41

FILE TO MR. HAAS.

By Messenger

150
JOINT AIRCRAFT COMMITTEE

Washington, D. C.
June 23, 1941

MEMORANDUM TO: Secretary of the Treasury
SUBJECT:

Proceedings of the Joint Aircraft
Committee

1. At the direction of the members of
the Joint Aircraft Committee there is enclosed herewith for your information a copy of the Proceedings
of the Joint Aircraft Committee. This booklet has
been prepared as a brief history of the work of the
Committee from its organization to May 1, 1941.

2. While it is apparent that all of the

work of the Committee has been of a constructive and

noteworthy nature, your attention is particularly

directed to the schedule of cases on the Standardiza-

tion of Aircraft in the last part of the booklet.

It is the belief of the Committee that outstanding
results have been obtained in this direction in a very
short period of time.

/s/ H. H. Arnold
H. H. Arnold
Major General, U. S. Army

Chairman, Joint Aircraft
Committee

Enclosure.

151

C

0

Y

JUL 3 1941

My dear Mr. President:

I ha to your letter of June 24, 1941, requesting

advice as to what defense articles the Treasury has

available now and will have available to the close of
this year for transfer under Section 3 (a)(2) of the Lend-Lease
Act of March 11, 1941.

The Treasury has been thoroughly canvassed, and

I am of the opinion that no articles of substantial
significance will be available for transfer this year

under the above-quoted section 3 (a) (2). As you know,
the Department has transferred ten Coast Guard outters
to Great Britian in accordance with the provisions of
the Lend-Lease Act. Any further transfer of equipment
and material now in the possession of the Coast Guard
would probably impair the efficient performance of that
service.

Faithfully yours,
(Signed) s. Borgenthes, ⑉

The President,
The White House.

HC/op 7/3/41

File to Mr. Thompson

By Messenger

152

MEMORANDUM:

a

5

1

On the afternoon of July 2, 1941, Assistant Collector O'Keefe at New York phoned Commissioner Johnson

that rumors were persistent in shipping circles in New York, that (1) all Japanese vessels had been ordered
to be in home waters by July 31, 1941, and (2) that principal officers of the Mitsui and Mitsubishi Companies
had been ordered to be in Japan on July 15, 1941.
Inquiry shows that at 3 P.M. on July 2, 1941, Naval Intelligence Agent Petericin of New York reported to
the Navy Department that definite confidential information was received from Japanese lines and executives
that all Japanese ships must be in the Pacific Ocean by August 1, 1941.
Customs agents at New York do not believe the information to the above two officials came from the same
source, but we do not know Naval Intelligence Agent Peterkin's source of information.
CIRCUMSTANCES DISPUTING INFORMATION

CIRCUMSTANCES SUPPORTING INFORMATION

Seattle: Customs agents report that during the past six weeks
about one-half of the Japanese residents of that area have cashed

their life insurance policies, and that many families of native-born

New York: Customs agents state
no unusual activities of Japanese
steamships. Actual examination of

30 days. This is also being checked at other points on the Pacific

steamship and commercial offices

and American-born Japanese have departed for Japan during the past
coast.

New York: Customs agents report that Mitsui Line is moving its
quarters from Pier 30, Brooklyn, N. Y., but to what point has not
been learned. They do not expect a vessel for two or three months
and it is rumored they are discontinuing leasing of offices and docks.
San Francisco: Customs Agents have information from local Naval
Intelligence that Mitsui and Mitsubishi Companies, on or about July 1,
issued instructions to their employees that their families must go
back to Japan immediately. They report that allowance of $200 per
month, per family, has been heretofore paid and that, due to lack of
dollar credits, these allowances have become burdensome and could no
longer be continued.
New Orleans: Customs agents state that Japanese S.S. AMAGISAN
MARU, originally scheduled to arrive New Orleans July 9, 1941, for
oil cargo and to proceed to San Diego for bunkers, received change of
orders today from New York office cancelling call at San Diego and
will proceed from New Orleans direct to Karatsu, Japan.

offices of all principal Japanese

show no signs of packing or other indications of intended departure.
San Francisco: Customs agents

state no signs of unusual activities

or acceleration of movements of Jap-

Individuals and that arrange-

ments proceeding for shipments of
cotton to Japan from Los Angeles dur
ing August and September.

from Customs

153

JUL 3 1941

My dear Mr. Attorney General:

Receipt is acknowledged of your letter
of July 2, 1941, with respect to the recommendstion of the Chairman of the Maritime Commission
that the German and Italian vessels which have
been sabotaged should be forfeited pursuant to
the Espionage Act of June 15, 1917.

In view of the matters set forth in
your letter, the Department of the Treasury will
direct the appropriate collectors of oustens to
seise the above-mentioned vessels pursuant to

section 8 of Title II of the Kepionage Act of
June 15, 1917, 40 Stat. 220 (U.S.C. title 50,

sec. 193) immediately upon advise from the Department of State that such seisure would not contra-

vene the foreign policy of the United States.

I as transmitting a copy of this letter to

the Secretary of State.

Sincerely yours,
(Signed) H.

Secretary of the Treasury.
FILE TO MR. FOLEY

The Honorable

The Atterney General of the United States.
Original sent by hand 3:45 p.m.

7/3:4; from G. C. Office.

HC:ERF:mjb

7-3-41

154

July 3, 1941

My dear Mr. Secretary:

I - enclosing a copy of a letter dated
July 3, 1941, to the Attorney General with respect
to the recommendation of the Chairman of the Maritine
Commission that the German and Italian vessels which
have been sabotaged should be forfeited persuant to
the Espionage Act of June 15, 1919.

Sincerely yours,

(Signal)
H. &.
Sceretary of the Treasury.
Orig. and ecn. sent by hand 3:45 pm
7/3741 from G. C. Office.

The Henorable

The Secretary of State.

FILE TO MR. FOLEY

Enclosure

P.S. Please let - hear from you grouptly
HC:KRF1mjb

7-8-41

one way or the other.

(Initialed) H.M.S.

155

July 3, 1941

My dear Mr. Secretary:

I am enclosing a copy of a letter dated
July 3, 1941, to the Attorney General with respect
to the recommendation of the Chairman of the Maritime
Commission that the German and Italian vessels which
have been sabotaged should be forfeited pursuant to
the Espienage Act of June 15, 1917.
Sincerely yours,
(Signed) H. Morgenthau, Jr.
Secretary of the Treasury.

The Honorable

The Secretary of State.

FILE TO MR. FOLEY

Enclosure P.S. Please let me hear from you promptly
one way or the other.
HC:ERF aujb

7-3-41

(Initialed) H.M.Jr.

Orig. and enc. sent by hand
at 3:45 p.m. 7/3/41, from G.C. Office.

156

0

July 3, 1941

P

y

My dear Mr. Attorney General:

Receipt is acknowledged of your letter
of July 2, 1941, with respect to the recommends-

tion of the Chairman of the Maritime Commission
that the German and Italian vessels which have
been sabotaged should be forfeited pursuant to
the Espionage Act of June 15, 1917.

In view of the matters set forth in
your letter, the Department of the Treasury will
direct the appropriate collectors of customs to
seise the above-mentioned vessels pursuant to

section 3 of Title II of the Espionage Act of

June 15, 1917, 40 Stat. 220 (U.S.C. title 50,

sec. 193) immediately upon advice from the Department of State that such seisure would not contravene the foreign policy of the United States.

I an transmitting a copy of this letter

to the Secretary of State.

Sincerely yours,
(Signed) H. Morgenthau, Jr.

Secretary of the Treasury.
The Honorable

The Attorney General of the United States.
Original sent by hand 3:45 p.m.

7/3:4; from G. C. Office.

FILE TO MR. FOLEY.

COPY

TO:

157

Under Secretary Bell

I agree that Mr. elles' letter

of July 3 should close the

Aldrich case. Likewise I think

we should file unanswered the
attached from the letter Department of April of State, 30

since the recent extension of
our Freezing Control has clari-

fied the policies in question.
(initialed) H.M.C.

July 14, 1941

:

COPY
Mr. Cochran
(

Seems to me this closes case.

(initialed) DWB

158

COPY
DEPARTMENT OF STATE

Washington

July 3, 1941
My dear Mr. Secretary:

I refer to your letter of May 16 and
Mr. winthrop W. Aldrich's of May 12 concerning transactions of the Chase National Bank
with German, Italian and Japanese firms.
This Department appreciates Mr. Aldrich's
concern that that the policies of the Chase

National Bank, in its relations with foreign
countries, be in harmony with the policies of
this Government. However, the issuance of the
executive order of June 14 establishing control
over German and Italian assets in this country

makes a specific reply to his inquiries in this
letter no longer necessary or pertinent, and the
Department does not desire to comment with

reference to the Japanese transactions.
Sincerely yours,
(Signed) Summer Welles

Acting Secretary.
The Honorable

Henry Morgenthau, Jr.,

Secretary of the Treasury.

159

May 16, 1941

Files
To

From

Mr. Cochran

when we originally received the letter of April 30 from Under Secretary
in regard to American banks extending credit facilities which assist
Welles the export of strategic and critical war materials to Germany and Japan
the

in from Brasil, I discussed it with Under Secretary Bell. We agreed that

should not take the initiative in calling together a group of

New Treasury York banks and considering requesting them not to extend the facilities

under reference. We thought the appropriate time to go into this matter

would be whenever we establish the contemplated Capital Control Committee,
when the joint committee of the State, Treasury and Justice Departments
may or be established for passing upon matters of economic and financial
interest such as that under reference.

When Mr. Bell sent to me for initialing last night a letter drafted to
the Secretary of State, requesting the latter's suggestions for a reply to
an attached inquiry from Mr. Aldrich of the Chase Bank, I pointed out to
Mr. Bell that Mr. Aldrich's letter raises the question of general Governmental policy to be laid down for the guidance of banks in their dealings
with such countries as Germany, Italy and Japan. In this connection we
had not yet answered the letter from the Department of State of April 30
which dealt with one phase of this general problem, namely, that of American
banks financing exports of strategic and critical war materials from Brazil
to Germany and Japan.

At Mr. Bell's suggestion, I took the letter to Secretary Hull and
obtained Secretary Morgenthau's signature thereto this afternoon. The
Secretary also signed the acknowledgment addressed directly to Mr. unanswered Aldrich.

I explained the background to Secretary Morgenthau, including the
letter of April 30, and he agreed to the position which we have taken.
If the State Department, in answering our letter with respect to then Mr. Aldrich's the

inquiry, raises the point brought up in its letter of April 30, involved

two Departments should have a more thorough discussion of the points setting
and decide whether a position can be immediately taken, or whether a
up of one or both of the committees in question should be awaited.

(initialed) H.M.C.

160

COPY
MAY 16 1941

Dear Mr. Secretary:

I am enclosing herewith copy of a letter
dated May 12, 1941, together with memorandum

referred to therein, from Mr. Winthrop W.
Aldrich, Chairman of the Board of Directors
of the Chase National Bank of Ner York, rais-

ing certain questions as to the advisability
of that Bank's continuing to furnish certain
banking facilities to German, Italian and
Japanese banks and firms,

I would appreciate it if you could advise
me as to how the Treasury should reply to this
letter.
Sincerely yours,
(Signed) H. Morgenthau, Jr.
The Honorable,

The Secretary of State.

161

COPY
MAY 16 1941

Dear Mr. Aldrich:

I have your letter of May 12, 1941
and scope of certain transactions which your
bank is carrying on with German, Italian,
and Japanese banks and firms, and advising
me that you would be glad to be guided by the
wishes of the Treasury either now or at any
time in the future, if in my opinion it should
be inadvisable for your bank to continue to
enclosing a memorandum outlining the nature

furnish any of these facilities.

I appreciate very much your bringing this
matter to my attention. I have it under study
and will be glad to advise you in case we want
to take advantage of your kind offer.
Sincerely yours,

(Signed) H. Morgenthau, Jr.
Secretary of the Treasury
Mr. Winthrop W. Aldrich,
Chairman,
Board of Directors,
The Chase National Bank,
New York City.

162

Y

THE CHASE NATIONAL BANK

of the City of New York
NEW YORK

May 12, 1941

The Honorable Henry Morgenthau, Jr.,
Secretary of the Treasury,
Washington, D. C.

Dear Mr. Secretary:

Those of us who are responsible for
conducting the policy of this Bank recognize that during the present period of international tension it is
extremely important that American banks should cooperate in every possible way with the Administration

On the other hand, it is difficult,

in the absence of action by the United States Government to control assets owned by German, Italian and
Japanese nationals, for us to refuse to continue to
handle for the benefit of our American customers and
depositors such ordinary business as they may have in

Central Europe, Italy and Japan, or to refuse to continue our correspondent relations with German, Italian
and Japanese banks and firms.

The nature and scope of the transactions which I have in mind are outlined in the enclosed memorandum. I have no reason to suppose that
any of these transactions is in any way contrary to
the policy which the Administration would wish to have
us follow, but with the thought in mind that it might
not have occurred to you that some of these transactions were being carried on, I have felt it desirable
to call them to your attention.
I am sure that it is not necessary for
me to tell you that if, in your opinion, it should be
inadvisable for us to continue to furnish any of these
facilities, we will be glad to be guided by your
wishes either now or at any time in the future.
Very sincerely yours,
/8/ Winthrop W. Aldrich
Chairman Board of Directors.

Enclosure.

163

COPY

May 12, 1941

I - GERMANY

A) - We continue to carry current accounts in the
names of German banks and firms and effect
payments and collections on their behalf including all the routine banking transactions
involved in an ordinary correspondent relationship.

B) - Ever since the German crisis of 1931, we have
been actively engaged in the liquidation of
credits extended by this and other American
banks in Germany. Under the Standstill Agreements concluded with the German banks, the
American banks had the right to acquire debtors
to settle their debts in German Marks. These
Marks were and are still being sold to buyers
in the United States and elsewhere and are
generally used for support of families,
charitable contributions and travel.
C) - Prominent American concerns doing business
in Germany are using our services in connec-

tion with the transfer to the United States,
after conversion, of interest, dividends,
royalties collected in Marks in Germany.
D) - We have been instrumental in liquidating
funds inherited by United States citizens or
residents in Germany.
E) - We have received from German residents of

the United States desirous of returning to
Germany to take up permanent residence there,
dollars which were credited to the account
of the Deutsche Golddiskontbank for the
purpose of conversion into Marks to be paid
to these emigrants upon their arrival in

Germany.

The gross volume of all transactions completed
during the first four months of 1941 amounted to
slightly under $4,300,000.

164

-2II - ITALY
A) - We continue to carry current accounts in the
names of Italian banks and firms and effect
payments and collections on their behalf,
including all the routine banking transactions involved in an ordinary correspondent
relationship.
B) - Prominent American concerns doing business

in Italy are using our services In connection
with the transfer to the United States, after
conversion, of interest. dividends, royalties

collected in Lires in Italy.

C) - For American investors, holders of Italian
shares and dollar bonds in default, we have
been instrumental in the sale and disposal

thereof in Italy.

D) - We have made and are making remittances

representing gifts, support of families and
charitable contributions mainly for account
of Italian residents in the United States
and for the Catholic Church. Considerable
payments of this kind have been made to the
Vatican, the Society of Jesus and various
missionary societies in Italy. Other sales
are made mainly to steamship companies,
passenger, travel and freight agencies and
American and Italian banks.

E) - We are transferring funds to subsidiaries and
agents of American firms in Italy and to the
Italian Offices of the American Press.
The gross volume of all transactions completed
during the first four months of 1941 amounted to
slightly under $1,900,000.
III - JAPAN

A) - We continue to carry current accounts in the
names of Japanese banks and firms, most of whom
are established in New York, and effect payments and collections on their behalf including all the routine transactions involved in
an ordinary correspondent relationship, such
as opening of commercial credits on a fully

165

-3secured basis to finance the importation of
silk and rubber, loans against goods in warehouse (stored in this country), loans against
U. S. Government Bonds, discount of trade
acceptances and purchase and sale of foreign
exchange.

The gross volume of such transactions on our books
at the present time amounts to about $6,100,000.

165

-3secured basis to finance the importation of
silk and rubber. loans against goods in warehouse (stored in this country), loans against
U. S. Government Bonds, discount of trade
acceptances and purchase and sale of foreign
exchange.

The gross volume of such transactions on our books
at the present time amounts to about $6,100,000.

166
COPY
DEPARTMENT OF STATE

Washington

April 30, 1941
CONFIDENTIAL

My dear Mr. Secretary:

As you no doubt know, the Department is busily engaged, along

with the buying agencies of this Government, in acquiring to the utmost

possible extent strategic and critical raw materials produced in the
American republics. In this connection a telegraphic report was
received from our embassy at Rio de Janeiro which brings out the

fact that various products on our strategic and critical raw materials list are being exported to Germany and Japan from Brazil, use
being made of our commercial banking facilities, I enclose a paraphrase of the cable.

It is my judgment that we should endeavor to bring to an and

this financial output on the part of the American banks. It occurs
to me that the simplest way might be if the Treasury or the Federal
Reserve Bank of NewYork would informally discuss the matter with
the banks engaging in this business and seek to secure agreement that

it would be foregone. If the Treasury is willing to arrange such a
meeting, I should be very glad to see that a representative of the State
Department is present to help in presentation of the matter. You
might also wish to have present a representative selected by the
Federal Loan Administrator.

167

-2-

I should appreciate your assistance in this matter.
Sincerely yours,

For the Secretary of State:
(Signed) Summer Welles

Under Secretary.

The Honorable

Henry Morgenthau, Jr.,

Secretary of the Treasury.

Enclosure:

No. 349 of April 23
from Rio de Janeiro

Chpy:1g 7/14/41

168
COP

Y

PARAPHRASE OF TELEGRAM RECEIVED

FROM: American Embassy, Rio de Janeiro, Brasil

DATE: April 23, 1941, 7 P. m.
NO.: 349

Industrial diamonds and other strategic materials, as previously reported by the Embassy, are being exported to Germany and

Japan from Bragil, using United States commercial banking facili-

ties. Certain strategic materials are being exported from the
United States only under license, at the same time, and the shipment
of such materials from Brasil and other non-American destinations on

credits extended by American banks is partially defeating the general

objectives of the export control of the United States.
I wonder whether the Department would have any suggestions as

to possibility of persuading U.S. banks not to open foreign com-

mercial credits for strategic materials unless the credits are documentary and concern only shipments to countries in the Western

Hemisphere, or unless some other destination has been officially approved.

Just this measure in itself I realise might not be sufficient
to bring about a substantial lessening of the movement to nonAmerican countries of strategic materials. However, American banks
would at least be prevented from facilitating such movement of ma-

terials, and other efforts of the United States in that direction
might be strengthened.
CAFFERY.
EA:LWW

Copyilg 7/14/41

169

JUL 3 1941

w dear Mr. Secretary:

Reference is sade to your letter dated June 16. 1941, is
which you informed the treasury of the decise of the National Bank
of the Republic of Halls to purchase $750,000 worth of gold for the
purpose of serving as . reserve against the strealation of Hellian

- such gold to remain on deposit with the Federal Reserve

leak of New York for the account of the National Bank of the
Republic of Haits. wash year letter there was enclosed a trancis-

ties of the instructions received w the Charge d'Affairee of is

teria of the Republic of Haits.

For appropriate committee to the Government of the
Reputlic of Haits, the following information is provided. Gold eas

be coquised is the Suited States only enter treasury 1 the

National Bank of the Depublic of Haits should address 100 request
for the purchase of gold to the Federal Receive Beak of New Test

which would, is term, apply to the Treasury Department for the a
easy license. the Systems Department's present selling price for
gold is 835 (plas 1/46) per fine two our of gall and 100 present

buying rate for gold is 835 (loss 1/46 per fine every - of gold.

the Federal Receive Beak of New Tests purchases gold only as agent of

the United States. as the Department's current baying price.

is you are were, the 835 price for gold has been saintained since

11 was established is 1934.

the Federal Receive Beak of New Teste will be pleased to

submit to its Board of Directors for approval a request from the

National Bank of the Regulation of Hails to - gold is ste vanite

for the account of that Bank.

the Federal Reserve Dank of New Tests does not sales a

charge for holding gold union carmark but asks for reinbursement of
actual labor cost incurred is connection with the receiving, check- the

ing. weighing. delivering, etc., of will for foreign account.
later cost of receiving gold for carmaking is 33.57 wate per -

of standard else (approximately 400 green cancer). or see equivalent,

and that of releasing gold from 21.68 enate you har as above,

or its equivalent.

170

.8.
You are assured that as will be . pleasure for the Street
to to of - pencible assistance to the National Beak of the Sepubite

of Salth is acquising word for Ste - reserve.
Sincerely years.

Secretary of the treasury.

the Recorable

Juner Velloo,
Asting Secretary of State.

(Jait.) 4. 4. 0. : RD: MM: HK: ans: VNT

171
June 24, 1941.

00PT
fet

Mr. Cochras

freal L. W. Eache

Subject: Purchase of gold and 190 communicing
w Federal Reserve Beak of New Test

for account of the National Seak of
the Reyablic of Heits.

As you know, gold can be acquired is this country only under Present

license therefore, upon reseipt of a request from the National Beak of
the Reyublic of Haiti to purchase gold here for its account, the Federal
Reserve Beak of New York would apply to the Treasury Department for the

ancountry license. As you also know, the Treasury Department's present

selliar price for gold is $88 (plus 1/45) per fine trey - of gold and
its present lazing rate for gold is #36 (loss 1/450 per fine trey ouree
of gold. The Federal Receive Bank of New York paralness gold only as agent
of the United States, as the Treasury Department's present buying price.
The Federal Receive Beak of New York will to pleased to submit to

its board of directors for approval a request from the National Beak of

the Reyablic of Haiti to earnark gold is its vehicle for the account of that
bask

the Federal Receive Book of New York does not sale a charge for

holding gold under easterk last sake for reinbursement of actual labor eeet

Insured is connection with the receiving, checking. weighing. delivering.

etc., of gold for foreign account. The labor cost of receiving gold for
reasting is 33.570 yes ber of standard sise (approximately - gress

- or its equivalent, and that of releasing gold from essaark n.cos
per her as above, OF 100 equivalent.

(1) L.V.E.

172

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PERSONAL AND STRICTLY CONFIDENTIAL
0

P

Sveriges
Riksbank

Y

Stockholm, July 3rd, 1941.
Mr. H. Merle Cochran,

c/o The Treasury,

Washington,D.c.
My dear Merle,

Your letter of May 26th arrived on June 30th. I thank you
most heartily for the very valuable help you have rendered Mr. Bostrom and Magnusson. All your European friends are happy that a man
with such a thorough knowledge of European matters is holding such

a central position in the Treasury as you are. We thank you for the
licences given us. You can be assured that we will cooperate wholeheartedly with you.

I have had a very interesting trip to Basle, the first one
during the war. We were a very small company: McKittrick, Weber

and I. At the General Meeting there were with exception of us only
the usual members of the management of the bank. We lunched at the
"Trois Rois" without any Swiss bankers.

We are sorry for the delay which the B.I.S. had with regard

to the transfer to the Swiss National Bank. I hope that these matters in the meantime have been arranged. We agreed that McKittrick
should go to America to tell your American friends something about

the B.I.S. and the very correct and neutral way, in which they now

handle everything. I understood, however, the other day that it was
doubtful, whether McKittrick should be able to make the trip.

-The work in the B.I.S. is still going on along the same lines
as previously. They still have the same good team-work and you can-

not find any difference between the different nationalities in their
willingness to work for the B.I.S. All central bankers in Europe,
with whom I have come into contact. have been interested to keep

up the B.I.S. organisation in the hope that it should be able to
contribute to the solution of the monetary problems of the world
after the war.

Since the dollar no longer can be used as a medium, when a
central bank in Europe wants to buy another European currency,

the situation is the following: We have only 4 possibilities of
getting e.g. Swiss france, which is the currency mostly demended:
They are to buy Swiss francs

1/ against Swedish kronor,

"

4/

.

3/

If

2/

gold,

reichmarks,

another currency, dollars escudos or pesos, if a
buyer of such a currency can be found.

The Swiss National Bank is not buyer neither of dollars nor
of escudos, and as a rule not of pesos. We have been informed
through Magnusson that we can buy pesos in New York after a special
licence.

It is difficult to deal in gold as it is from time to time
absolutely impossible to send gold from our country to another one.
The air-lines from Sweden to Berlin have now been reopened, and

this will make our work easier.

173

-The Swiss are in principle willing to buy gold in Stockholm
but only on the condition that, if they should request it, we send
the gold to Switzerland at our expense. This stipulation they have
taken over from your tripartite agreement. I have, however, told
them that there is at present quite another situation, as the transport possibilities are not the same and as the costs are very much
higher. We are now negotiating with Switzerland and hope to come
to some arrangement.

The reason why there is a demand for Swiss france is, that
some of the countries in Southern and South-East Europe are uneasy

about the Swedish situation. They therefore prefer Swiss francs.
Switzerland is to them something more concrete than our country

far in the North. From the political point of view I think that
the situation is practically the same; both of us are now totally
surrounded by German armies or armies belonging to German allies.
The Swiss and the Swedes cannot see any reason why the Germans

should try to invade them.
I am enclosing a short memorandum on my discussions in Basle,

which might be of some interest to the American observer, this time
very much missed by those present. Jac was in his old good form.
The annual report is, however, very much delayed on account of the

difficulties to obtain the necessary information. He hoped,
however, that the report should be ready during the latter part
of July.

174

175
-4I suppose that you heard of the death of our friend Janssen.
He has ever since he returned from France been rather depreased.

He a howover, from a thrombus after en operation.
As you will understand the German war against Russia has

brought us in a position, which is rather difficult. I hope that
our friends abroad will understand the political necessity of permitting the Germans to send the division to Finland by railway
through Sweden. You must when considering this decision remember

that Finland's fight for freedom is part of our fight. The problem
is, however, to some extent now another one than it was during

Finland's fight in 1939-1940. The difference from the Finnish point
of view is, however, mainly that this time the German army is
helping Finland and that the Swedish help to Finland need not be

as substantial as during the last war.
My boy Lars got bronchitis and is probably now somewhere

in the Rocky Mountains to get rid of it. He has got something
to do during the summer in Los Angeles. I do not yet know what.
From the autumn he has obtained an exchange-scholarship at the

University of Chicago instead of a friend of his, who has been

unable to go to the States on account of his military service.
With kind regards from family to family.
Yours ever,

/s/ Ivar Rooth

COPY ;new 8/11/41

PERSONAL AND STRICTLY CONFIDENTIAL

3. 7. 1941.

Notes from conversations in Switzerland, June 1941.

There has been a certain demand for gold coin and bullion in
Switzerland, mostly from France. French and American gold coins
are not obtainable now. The latter commanded a premium of about

15% According to Swiss reports the German authorities in France

which have 60 - 80 milliard Fr. at their disposal at Banque de
France and German soldiers are said to buy gold coins in France,
paying a substantial premium. The Germans are now buying French

securities in Holland and probably also such bonds and shares of
other countries which have been placed in Holland. The German

demand for Swiss securities is not great, probably owing to the lack
of German claims in Switzerland.

To the two latest Swiss State loans, issued in May, one being a 32% loan for 12 years and the other of 3% for 6 years, over
600 million Swiss Fr. were subscribed. The Government accepted the

subscription of 280 million Fr. to each. Of the loan, yielding an
interest of 33% about 200 million Fr. were taken over by private
subscribers, 25 millions by insurance companies and 55 millions by

industries and banks. Of the 3% loan 200 million Fr. were subscribed by banks and approximately 80 millions by industries and
insurance companies.

It was believed that France would pay the interest of her
Government debts in Swiss Fr. as well as her commercial debts to

Swiss enterprises. These liabilities were estimated at about 40

million Swiss Fr., principally originating from deliveries of raw

176

177

-2materials and food supplies, effected while France was still at
war.

The Swiss banks have been told to sell foreign currency only

for strictly commercial transactions or for the settlement of financial liabilities. A French citizen may have 3.000:-- Swiss Fr.
a month, whereas citizens of other occuried countries only get
.

1.000:-- Swiss Fr. monthly. Exceptions from this rule are made
only very seldom.

In May 1940 a gentlemens' agreement was made with the Swiss

banks mainly for the purpose of preventing the flight of capital
from Switzerland. Any Swiss person wishing to migrate or any foreigner having investments in Switzerland may export his money.

Foreigners are at liberty to sell bonds or shares - including Swiss
ones - and to have the money transferred. A Swiss citizen, pos-

sessing foreign securities, is now allowed to sell them to other

Swiss citizens. He also has a right to sell currencies, originating
from export transactions, to other Swiss citizens or to change
them into other currencies.

The Swiss National Bank does not open any account in foreign

currencies for foreign banks. It is only buying gold and dollars,
when the corresponding sum is required for the payment of Swiss

exports or for the settlement of financial liabilities towards
Switzerland. At the National Bank there was a general feeling of

satisfaction as to the private currency restrictions. For the time
being there was no difficulty in keeping the Swiss currency stable.

178
-3Farmers and the heavy industry have availed themselves of the

situation to raise prices. Up to now farmers obtained substantially
more than compensation for the increased costs, owing to their great

influence with the Government. The industry, above all the alumi-

nium and textile industries, have made very big profits. The excellent profits of the aluminium industry have caused a sharp rise in
all industrial shares. The quotations were previously rather low.
At present many shares only yield about 3% Before long the Natio-

nal Bank intends to propose a more efficient war profit taxation.
During my stay there were certain fears of a continued rise

in prices. The cost of living had risen by about 24% since the
outbreak of the war, whereas wages rose by 10 - 12% during the same

period. Lately there has been some claims from labour quarters for
unchanged prices, for the subvention of milk and some other neces-

saries. If these claims are not met, higher wages will be demended.
Previously the Government always complied with the demands of the

farmers but the other day the Minister of Food Supply spoke decided-

ly against higher agricultural prices.
The crop prospects were good with the exception of the hay

crop, which was late. The fruit harvest did not seem to be very
good.

COPY: 8/11/41

179

PARAPHRASE OF TELEGRAM SENT

TO: American Enbassy as Rio de Janeire, Brasil
DATE: July 3, 1941, 5 p.m.
NO.: 503

You are requested to renew your inquiries into
the matter treated in the Department's 885 of June 9
and to urge that action now be taken on the specific
instructions which have been received by the Bank of
Brazil from the President of the National Bank of
Yugoslavia.

10 THE
LECHNICVT

OFFICE OH THE

01/201 a WW 11 S2
RAIFLING

IBEVENBA
RECEIVED

180
PARAPHRASE OF TELEMRAN RECEIVED

FROM: American Rabasay, Begeth, Coloubia

DATE: July 3, 1941, 4 p.m.
NO.1 see

This office is being flooded with requests - details
respecting funds being from in the United States, and the
Enbassy asks that the Department forward by air mail all

regulations which are available. Detailed information is
requested concerning the policy which local banks should

adopt with regard to drafts, checks and travelers checks
drawn by European nationals on United States banks, the

status of such nationals residing in Colombia, and the
countries which are covered by Executive Order No. 8785.

Business firms in this locality are being advised
that they should procure a new finance license, which,
it appears, have to be obtained before export licenses
are granted. Instructions have been received by several
agents to confirm and report as seen as possible the

nationality of all their customers, and as regards cerporations, the nationality of all stockholders who centrol
more than one-quarter of the stock of the corporation.
A request has been received by one agent to furnish an

Affidavit giving information as to date of establishment,
his nationality, whether he is a refugee or not, and also
a reference OR the basis that if his records are not submitted to the Federal Reserve Bank, as commissions can be
paid.

I do

181

I de not wish to make any comment until I can make a

study of these new regulations, but I wish to inform you
that importing circido in Colonbie are confused about

the regulations. Considerable ill will and misunderstanding
has been saused in Celebbia because of existing regulations
in the United States, even though they are advisable and
necessary, and this condition should be remedied. In
Bogotá alone, 1848 American manufacturers are represented,

and if each agent has to make a survey like that pointed

out in paragraph two of this telegram, the result will be
a great deal of confusion and duplication. For years this
office has been collecting such information and as there
are at the present time in Washington over 4,000 World
Trade Directory reports, besides special studies which
cover 639 Italian and German individuals and firms, the
Embassy hopes that 1f at all possible the above data be
used before private firms are asked for the same.
BRADEN

10

IVAL

THE

LECHNICV

OFLICE

EASNIN

OE

1 bW $ 10

BECEIAED

WITH THE COMPLIMENTS
OF

HAROLD K HOCHSCHILD

182

Copy of Letter from B. Mexico City, July 3,1941

During the period under review there has again been some talk
8 nearing definite settlement of all pending questions between the
United States and Mexico, but no official expressions have been voiced,
except that the Secretary of Foreign Relations has tacitly admitted
that negotiations are progressing, and that results will be nede known
of

due time. It has been stated in press reports that 88 S consequence of such 8 settlement, or as part thereof, the United States vill
buy ell of Mexico's exportable production. Naturally, hopes in this
respect are high strung. It was also said that until such arrangesents can be concluded, Mexico will not allow exports of strategical
in

material to any country outside this hemisphere. Except for some
metals as lead and quicksilver being shipped to Japan, we do not know
of any exports of importance to other countries. But these rumors,
if nothing else, help to keep the general public in an optimistic mood
and distracting attention from other matters.

The Reds have behaved pretty discreetly, and there has only been

some talk about a motion to be presented to Congress by the Communistic

Party, proposing that diplomatic relations with Soviet Russis should be
reestablished, a rumor which has not been taken very seriously. On
the whole, there has been less agitation in connection with develop-

ments abroad than could have been expected.

The discovery by the Banco de Mexico of counterfeit 50 pesos bills

was just about to cause some alarm. But since the Bank is exchanging
all 50 peso bills in unlimited amounts, calm WELS soon reestablished.
Again are Spanish refugees mentioned in connection with this Letter.
See our last week's letter.

Rains continue to demage railroad traffic, and for the last few

days damage on the West Coast, mainly between Guadalajara and
Manzanillo, has been reported.

The President is on his tour through the States of Morelos and
Guerrero and is expected to return to his office early next week,
The Technical Commission to study the Social Security Law was
inaugurated by Secretary of Labor, Lic. Ignacio Garcia Tellez, on

Monday last. There seems to be little doubt/that the proposed law
will be sent to Congress during its next period.
Mexico announced the payment of another million pesos on account
of indemnities to expropriated American land owners.

There is nothing to be reported from the labor field, and the

exchange has held steadi y at around 4.8575.

183

0

0

P

Y

DEPARTMENT OF STATE

Washington

In reply refer to
EA 840.51 Frozen Credits/2298

July 3. 1941

The Secretary of State presents his compliments to
the Honorable the Secretary of the Treasury and transmits
a copy of telegram no. 870 from the American Embassy in
Rome, dated June 25, 1941, and a copy of the Department's

reply thereto, dated June 28, 1941, concerning Italian funds
frozen in the United States.

Enclosures:

1. No. 870 from Rome,
June 25, 1941.
2. No. 447 to Rome,
June 28, 1941.

Copy:1g 7/5/41

184

C

0

P

Y

TELEGRAM SENT

MD

GRAY

June 28, 1941
3 p.m.

AMEMBASSY,
ROME.

447

Your 870, June 25, 8 p.m.

The remittance of funds from the United States to

Americans living in Italy will be governed by the terms
of General License no. 33 as indicated in your telegram.

WELLES Acting
(BL)

EA:GL:VCL

840.51 Frozen Credits/2298

10

Copy:1g 7/5/41

is

185

C

0

P

Y

GRAY

GMW

Rone

Dated June 25, 1941

Rec'd 10:30 a.m., 26th

Secretary of State,
Washington.

870, June 25, 8 p.m.

Department's telegram no. 429, June 21.

For use in answering questions received daily,
the Embassy would appreciate being informed whether

the remittance of funds from the United States to

Americans living in Italy will be governed by the
terms of General License Number 33, as amended under
Executive Order Number 8389 which the Embassy under-

stands provides for remittance up to $500 per month

plus a single sum of $1,000 in case of repatriation.
10 THE

PHILLIPS
HTM

nor 2 VN 0 43
Copy:1g 7/5/41
RECEIVED

186

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0

P

Y

DEPARTMENT OF STATE

Washington

July 3, 1941

In reply refer to
EA 893.51/7233

The Secretary of State presents his compliments to
the Honorable the Secretary of the Treasury and encloses
a paraphrase of telegram no. 254 dated June 24, 10 a.m.,
from the American Ambassador at Chungking, inquiring

whether the Embassy is expected to provide Mr. Fox with

confidential clerical assistance.

Enclosure:
Paraphrase.

Copy:1g 7/5/41

187

0

0

P

Y

PARAPHRASE OF TELEGRAM RECEIVED

FROM: American Embassy, Chungking, China

DATE: June 24, 1941, 10 a.m.
NO.:

254

I refer to my telegrams 239 of June 15 and 253 of
June 24 and to the Department's s telegram 120 of June 18.

Is it expected that the Embassy shall provide Fox

confidential clerical assistance?

GAUSS

EA:FL:MMM

Copy:1g 7/5/41

071

188

TREASURY DEPARTMENT
Miss

INTER-OFFICE COMMUNICATION

DATE July 3. 1941
Secretary Morgenthan
TO

FROM

CONFIDENTIAL

Mr. Cochran

Registered sterling transactions of the reporting banks were as follows:
Sold to commercial concerns
Purchased from commercial concerns

£97,000

£ 6,000

Open market sterling was quoted first at 4.03-1/2. About noon the rate
moved down to 4.03-1/4 and remained there for the balance of the day. The reported
transactions consisted of the sale of £7,000 to commercial concerns.
In New York, closing quotations for the foreign currencies listed below were
as follows:

Canadian dollar
Argentine peso (free)

11-5/8% discount

Mexican peso

.2375
.0505
.4425
.2070

Cuban peso

1-1/8% discount

Japanese yen

.2358

Brazilian milreis (free)
Uruguayan peso (free)

In Shanghai the news that China had severed diplomatic relations with both
Germany and Italy depressed the yuan to 5-9/32#, off 1/8 Sterling was also lower
at 3.90, off 3$.

There were no gold transactions consummated by us today.
The Federal Reserve Bank of New York reported the shipment of $1,100,000 in
gold from India, consigned to the Chase National Bank of New York, Of this amount,

$900,000 is for the account of the National Bank of India, and $200,000 is for the
account of the Chase National Bank of New York. The gold will be sold to the Assay

Office at New York,

In London, spot and forward silver were both again unchanged at 23-3/88,

equivalent to 42.444.

The Treasury's purchase price for foreign silver was unchanged at 35$. Handy
and Harman's settlement price for foreign silver was also unchanged at 34-3/44.
We made one purchase of silver in New York amounting to 200,000 ounces under

the Silver Purchase Act. This represented new production silver from Peru for forwar
delivery.

189
-2-

Te also purchased 275,000 ounces of silver from Canada under our regular
monthly agreement.

The Federal Reserve Bank's report of June 25, listing deposits of banks in
with the New York agencies of Japanese banks, showed that such deposits totaled
$62,781,000, a decrease of $4,048,000 since June 18. Most of the change in deposits
took place on the books of the Yokohama Specie Bank's New York agency. The latter's

Asia

principal dollar liabilities to and dollar claims on Japanese banks in Asia stood as
follows on June 25:

Change from
June 18

June 25

Liabilities:

Deposits for Japan and Manchuria
Deposits for China
U.S.Treas,Bills, comm. paper, etc

- $3,323,000

$40,702,000
15,385,000
29,040,000

- 522,000

- 1,791,000

:

#

.

Claims : Loans
: Other - mainly Jap. import bills

$12,706,000
5,897,000

- $1,619,000

- 1,618,000

It will be noted that the decline of $3,323,000 in Japanese and Manchurian
deposits was accompanied by reductions of $1,619,000 in loans and $1,618,000 in
Japanese import bills.

16mg.
CONFIDENTIAL

190
BRITISH EMBASSY,
WASHINGTON, D.C.

3rd July, 1941
PERSONAL AND
SECRET

Dear Mr. Secretary,

I enclose herein for your personal
and secret information a copy of the
latest report received from London on

the military situation.
Believe me,

Dear Mr. Secretary,

Very sincerely yours,

Hanfix
The Honourable

Henry Morgenthau, Jr.,

United States Treasury,
Washington, D.C.

191

TELEGRAM RECEIVED FROM LONDON JULY 1ST, 1941.

June 27th and June 30th considerable reinforcements

of aircraft arrived safely at Malta.
Fighter Command are giving protection to East Coast

2.

convoys during darkness hours.

Destroyer sunk in bombing attack off Tobruk; no

3.

casualties.

Attack on convoy by Maryland and Swordfish aircraft

4.

on June 25th. One ship hit amidship by bomb fire started.
Later Swordfish attacked with torpedoes two ships hit and

probably sunk and third ship believed hit. All four merchant
vessels of the convoy estimated at 20,000 tons each escorted
by 6 destroyers.

Military. Finland.

5.

Reliable sources in Finland report patrol activity
and small arms fire along most of the front and fairly heavy

artillery fire some 50 miles north east of Viborg and that
full-scale operations have begun near the Soviet occupied
base of Hango.
6.

Analysis of Soviet-German official Communiques suggests

the position is as follows:
Baltie States. German claim to have occupied Dvinsk
and Vilna apparently well-founded. Russian troops withdrawing from Kaunas area to North east of this line appear

to be in considerable difficulties being attacked in the
flank and rear. Minek Area: Large numbers of Soviet troops

appear to have been out off in the region of Bialystok having
been over run by German armoured formations.

South of Pripet marshes: Germane probably on line

of the last Soviet-Polish frontier and are driving east
towards Kieff. Soviet admission of penetration of the

frontier /

192

-2-

frontier may be intended to forestall German claims in
respect of progress.
Syria. Palmyra now completely surrounded. Vichy
7.

French are said to be making efforts to enroll volunteers
from native elements but the response is meagre.

Royal Air Force June 29th/30th. Bremen Hamburg -

8.

our attacks very (some words undecipherable). Sixty three
tone of H.E. and 13,800 incendiuries (some words un-

decipherable) at the former three large fires caused.
At the latter 43 tons of H.E. dropped starting two
very large fires, one in Blohm and Voss shipyards.
Docks at Bremer-Haven and Kiel attacked.
9.

June 30th 17 Blenheime escorted by large force

of fighters scored many direct hite on power station
south of Lille and on huge factory close by. Fighters
shot down 6 M.E. 109 one Spitfire missing. Other
Blenheims attacking shipping off the Dutch coast
claimed 5,000 ton and 3,000 ton ship and 500 tons
trawler as total losses; 4 Blenheims scored direct
hits on crowded railway centre near oldenburg and
another successful attack on Bremen docks. Targets

at Sylt and Terschelling also bombed. Five Halifax
4 engined bombers attacked targets at Kiel. From these
daylight operations 2 Blenheime and one Halifax missing.
10. June /

193

-30

10.

June 30th/July 1st. 64 Aircraft sent to

attack Cologne, Dussaldorf, Duisburg, 4 missing.

11. Syria. June 29th/30th. 5 heavy bombers
scored direct hite on dooks and shipping Beirut.
Blenheime made daylight attacks against Palmyra and

citadel and military depot at Suweids. Fighters
destroyad or damaged 10 twin engined aircraft on

the ground at various landing grounds and shot
down 1 Glen Martin.
12.

German Air Force June 30th/July 1st. About

74 enemy aircraft operating 13 CAME inland; some
bombs dropped in South Wales.
13.

Egypt. Alexandria June 28th/29th. About

15 aircraft attacked and caused some damage.

Following day 6 raids made on naval units 8 enemy
aircraft claimed as destroyed and 3 damaged. we

lost two fighters.

194
RESTRICTED

G-2/2657-220 No. 433 M.I.D., W.D. 12:00 M., July 3, 1941.

SITUATION REPORT

I.

RUSSO-GERMAN FIGHT.

Ground: The German-Finnish forces make gains in Murmansk

sector. The advance is slower on the southeastern frontier towards
the Karelian Isthmus.

Some Russian troop units remain in existence in
the peninsula of Latvia to the northwest of Riga. German troops

are advancing northeastward from Riga and Dwinsk. The Russian com-

munique of July 3 reports the repulse of German attacks "in the direction of Borisov, Bobruisk and Slusk".
In the Bialystock region Germans continue attacks
to wipe out the remnants of the Russian armies encircled in that
area.

South of the Pinsk Marshes German attacks continue

in the direction of Shepetovska and Tarnapol. Fighting is proceeding
near the latter city. Hungarian forces are advancing across the Carpathian Mountains into southern Galicia. A German-Roumanian drive
across the Pruth River from northern Moldavia has commenced. The

initial objective of this drive appears to be the Dniester River line.
Air: No change in the general situation.
II.

BRITISH-GERMAN FIGHT.

Air: German. Exceedingly light activity.
British. Normal operations; day sweeps over occupied territory and night bombing of Bremen and the Ruhr.

III.

MEDITERRANEAN FIGHT.

Ground: Nothing of importance.

Air: Scattered operations over Syria by both sides.

RESTRICTED

195

CONFIDENTIAL
Paraphrase of Code Cablegram

Received at the War Department

at 12:17, July 3, 1941.

Loston, filed 18:30, July 3, 1941.

1. British Air Activity over the Continent.
2. High of July 1.e. British bembers kropped five tens of high
explosives on Oherbourg and a tens on Breas.

B. Bar of July Five Blenhetas were sent out to attack the Lille
- station, three to attack Marville airtress and five to attack shipping.
216 fighters were sent out - offensive patrole, 130 - interesption patrels,
166 as protection for shipping and 51 - special patrels.

2. Item of July 2. Dembers were disyatched as follows: 41 to
Cologne, " to Datebong " to Bronsas 6 to Charbeurg and T dropped

over Lille, Oriens, and Parts.
2.

Germa Air Activity over Britain.

2. Dar of 15 - and , long renge bombers were
reported. Over German territory there were 300 fighters nool - defensive
patrole.

2. Right of July 1. 10 fighters, so long reage because and se sine
layers were reported.

2. There were defensive patrels along the Belgian,
Netheriands, and French esaste.

4. Night of July 2. Baiders entered the Detatel Channel, Carligen
Day and Thomas Deterry.

3. Aircraft Lessee Department.

2. Tax of July 2 Blesheine - 7
CONFIDENTIAL
INFORMATION COFF

196

CONFIDENTIAL
Spitfires and 1 Burriesse lost.
Right of July 2. 4 bombow unreported.

2. Axis legges. Dalt of July a. 16 No-109's of which 4 were
Me-1097's were destroyed; 4 No-1097's and 2 No-109's probably destroyed,
1 No-1098 and 5 No-109's damaged.
4.

British Air Activity Other Thesters.

2. middle East Theater. July 1. British bombers made attacks upon
Beirut, Suveida and Palayra, while fighters attached sintrense at Basella,
Dair Ba for, and Alegge with good results.
ISS

Distribution:
Secretary of War
State Department

Secretary of Treasury

Chief of the Anny Air Force

Assistant Chief of Staff, 6-8
Mar Plans Division

-

Office of Naval Intelligence

Assistant Chief of Staff, 6-3
Air Gerge

CONFIDENTIAL

INFORMATION COPY

197

CONFIDENTIAL
Paraphrase of Code Cablegram
Received at the War Department

at 11:39, July 4, 1941

London, filed:

16:30. July 4, 1941.

1. British Air Activity over the Continent.
a. Eight of July 2-3. The following are the numbers
of tons of high explosive bombs and numbers of incendiaries
dropped by Britain upon the targets named: Cologne, 47 and
7000; Bremen, 88 and 7000: Duisburg, 14 and 2000: 5 tons of
high explosive bombs upon Dusseldorf and 8 of same upon Cherbourg.

b. Day of July 3. Operating in defense of shipping
were 220 fighters. The number of fighters performing interception
patrols was 111, those in offensive operations, 435, and those
in special patrols, 40. The railway yards at Hasebrouch were
attacked by a squadron of Blenheims. Most of the operations of
this day consisted of sweeps over the Channel area, particularly
near Calais.

c. Eight of July 3-4. 90 Bombers were dispatched to
Essen and 68 to Bremen. Off Lorient, 4 bombers were engaged in
laying mines.

2. German Air Activity over Britain.
a. Day of July 2. Germany operated offensively with
15 reconnaissance aircraft and 5 long range bombers. Over German

territory defensive patrols were maintained by 300 fighters.

CONFIDENTIAL

INFORMATION COPY

198

CONFIDENT AT
b. Hight of July 2-3. 15 min-laying aircraft, 5
fighters and 15 long range boubers were dispatched.

C. Day of July 3. Offensive patrels were operated
along the coasts of France, Belgium and Helland and recommissance
flights were made over the Channel.

d. Night of July 3-4. Not a single bonb fell in
Britain, nor was any other German air activity in this theater
rep rted.

3. Aircraft Losses Reported.
a. British lesses. Seven bombers were unreported from

the operations of the night of July 3-4. One Blenhein and six

Spitfires failed to return from the daylight activity of July 3.
b. Axis lessee. During the day of July 3. Germany
lost 5 Ne-109's and 6 Ke-109F's: 1 Henschel (K.E.I - G and
6 Me-109's were probably shot down: and 2 Me-109's were damaged.

4. British Air Activity. Other Theaters.
a. North African Theater. Dernalgasaka, Tripeli
and Benghasi were bombed.
LNK

Distributions
Secretary of Var
State Department

Secretary of Treasury
Chief of the Army Air Forces

Assistant Chief of Staff, 0-2
Var Plans Division

Office of Naval Intelligence
G.R.Q.
0-3
A.C.

ONFIDENTIAL

199
TREASURY DEPARTMENT

FOR RELEASE, MORNING NEWSPAPERS

Friday, July 4, 1941.

The Secretary of the Treasury, by this public notice,
invites tenders for $100,000,000, or thereabouts, of 91-day
Trossury bills, to be issued on a discount basis under com-

petitive bidding. The bills of this series will be dated
July 9, 1941, and will mature October 8, 1941, when the face

amount will be payable without interest. They will be issued
in bearer form only, and in denominations of $1,000, $5,000,
$10,000, $100,000, $500,000, and $1,000,000 (naturity value).
Tendors will be received at Federal Reservo Bank's and
Branches up to the closing hour, two o'clock p.m., Eastern
Standard time, Monday, July 7, 1941. Tendors will not be
received at the Treasury Department, Washington. Each tender

must be for an even multiple of $1,000, and the price offered
must be expressed on the basis of 100, with not more than

three decimals, e.g., 99.925. Fractions may not bo used.
It is urgod that tenders be mado on the printed forms and forwarded in the special envelopes which will be supplied by
Federal Reserve Banks or Branches on application therefor.

Tenders will be received without deposit from incorporated banks and trust companies and from responsible and recog-

nigod dealers in investment securities. Tonders from others

26-33

200

-2must be accompanied by payment of 10 percent of the face amount

of Treasury bills applied for, unless the tenders are accompanied by an express guaranty of payment by an incorporated bank
or trust company.

Immodiately after the closing hour, tenders will be opened
at the Federal Reserve Banks and Branches, following which

public announcement will be made by the Secretary of the Treas-

ury of the amount and price range of accepted bids. Those

submitting tenders will be advised of the acceptance or rejection thereof. The Secretary of the Treasury expressly reserves

the right to accept or rejoct any or all tenders, in whole or
in part, and his action in any such respect shall bc final.
Payment of accepted tenders at the pricos offered must bo made

or completed at the Federal Reserve Bank in cash or other
immediately available funds on July 9, 1941.

The income derived from Treasury bills, whether interest

or gain from the sale or other disposition of the bills, shall
not have any exemption, as such, and loss from the sale or

other disposition of Treasury bills shall not have any special
treatment, as such, under Fodoral tax Acts now or hereafter

enacted. The bills shall be subject to estate, inheritance,
gift, or other exciso taxes, whether Federal or State, but shall

201

-3be exempt from all taxation now or herefter imposed on the

principal or interest thereof by any State, or any of the
possessions of the United States, or by any local taxing
authority. For purposes of taxation the amount of discount
at which Treasury bills arc originally sold by the United
States shall be considered to be interest.
Treasury Department Circular No. 418, as amendod, and

this notice, prescribe the terms of the Treasury bills and
govern the conditions of their issue. Copies of the
circular may be obtained from any Federal Reservo Bank or
Branch.

-000-

202
DEFENSE SAVINGS STAFF
ADVANCE NOTICE RADIO PROGRAMS

FRIDAY - JULY 4, 1941

Time:

9:15 - 9:30 A.M.

Program:

Kyrt & Marge

Station: WJSV

Time:

8:00 - 8:30 P.M.

Program:

Philip Morris' Great Plays

Station: WJSV

Time:

8:30 - 9:00 P.M.

Program: Uncle Walter's Dog House
Station: WRC

Time:

9:00 - 9:30 P.M.

Program:

Hollywood Premiere

Station: WJSV

THESE PROGRAMS PROKOTE THE SALE OF DEFENSE BONDS AND STAMPS.

203
C

0

PARAPHRASE OF TELEGRAM RECEIVED
P

Y

FROM:

AMEMBASSY, Rio de Janeiro

TO :

Secretary of State, Washington

DATED:

July 4, 1941, 3 p.m.

NUMBER: 793

Negotiations are being carried on between the Vichy
Government and the Government of Brazil regarding the

purchase of Sao Paulo cotton worth one hundred million
francs (approximately 60,000 bales) payment to be effected

by repatriation of Brazilian franc bonds. The firm of
Monteiro, Aranha, Ltda. is handling the deal in Rio de

Janeiro. The Embassy states that this firm also figured
in the recent cotton deal between the Brazilian and British
Governments and obtained a profit of approximately twenty

percent according to the British Embassy in Rio de Janeiro.

CAFFERY

Copy 1:7-16-41