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X-4833

C O P Y
F E D E R A L
OF

R E S E R V E

B A N K

B O S T O N
June 17, 1926.

My dear Mr. Hamlin:
Your letter of June 10th was duly received and I am glad to know
that#"before any change is made as to the existing Federal reserve bank:
agencies in Cuba, this "bank will "be given an opportunity to "be heard. I
note also that you are inclined to think that it will "be some little time
"before the matter is taken up "by the Board. The subject was discussed informally at our Directors' meeting yesterday* but no action looking to a
change in our present status was taken.
You suggested in your letter that if any further plan occured
to me for working out this problem, that I advise you.
My personal view
is that a Federal reserve agency in Cuba is not justified for the purpose
merely of providing the people of Cuba with currency fit for circulation
which I think is an obligation of the Cuban Government itself. By paying
transportation charges on unfit notes to Washington and on new currency
which is to replace the unfit notes* the Cuban Oovelmfaent could keep the
currency in circulation throu^iout the island in a reasonably fit condition, and at a cost no greater .than it would incur should it engrave
and print its own bills.
In fact, X understand that the Cuban treasury
has already expressed a willingness to bear one-half of this expense.
Nor do I think that an agency in Havana is justified for the purpose of
enabling any Federal reserve bank to keep in circulation in Cuba a large
volume of its Federal reserve notes. Indeed I think there are certain
vital objections to this which will be discussed later on in this letter.
I think, however, that a Federal reserve agency in Cuba is
justified upon the ground that the United States government by virtue of
the so-called Piatt amendment has entered into relations with Cuba rhich
it does not have with any other foreign country, especially in matters
of finance and currency, all United States currency having been made
legal tender by act of the Cuban Congress, and for the additional reason
that in the year 1923, the President of the United States and the Department of State advised the Federal Reserve Board that it was important
that a Federal reserve agency should be established in Cuba.
limiting
the functions of the agency to the purchase of bills of exchange and to
the purchase and sale of cable transfers, which transactions are authorized in section 14 of the Act, exchange rates in Cuba would be stabilized
and should sufficient currency be kept An hand by the agency, the banks
in Havana which include branches of three member banks of the Federal




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25

Reserve System wotild "be enabled to render more efficient and economical
service to the public and with greater safety to all concerned. In
this connection, it is well to consider the large investments "by Americans in Cuba, the amount of which is variously estimated at from one
M l lion to one M i l ion five hundred million dollars.
About 3 years ago, the Federal Beserve Bank of Boston made application to the Federal Reserve Board for permission to estaMish an
agency in Havana for the purpose of "buying M i l s of exchange and of buying
and selling cattle transfers.
This application was not made with a view
of circulating federal reserve notes in Cuba. TJhile this application was
being considered by the Board, the Federal Beserve Bank of Atlanta also
applied for permission to establish an agency primarily for the purpose
of maintaining the circulation of its Federal reserve notes in Cuba and
the Board on July 30, 1923, adopted a resolution establishing two agencies, the effect of which has been that purchases and sales of cable
transfers have been made by the Federal Reserve Bank of Boston which bank
has received the direct profits resulting therefrom, while the receipts
and disbursements of currency involved in these transactions have•been
handled by the Federal Reserve Bank of Atlanta and at its own expense,
without any direct profit although it has thereby been enabled to maintain and possibly to increase its circulation in Cuba.
The delays experienced by this bank in completing cable transfers on the occasion of the run on many of the banks in Havana beginning
April 9, 1926, when transfers aggregating $39,200,000 were requested of
this bank and could not be completed promptly (some transfers requested
on Saturday,April 10, were not completed until Wednesday, April 14) because the Havana Agency of the Federal Reserve Bank of Atlanta had on
Saturday, April 10, less than $7,500,000 in currency on hand, calls for
consideration of the question whether the two separate reserve bank
agencies in Havana should be continued.
She agencies of the Federal Reserve Banks of Atlanta and of
Boston exist for a service which either agency alone might render but
since one agency undertakes the initial part of each transaction and the
other attends to its completion in the receipt or delivery of its equivalent in cash, neither agency has the ability to furnish the complete
service and neither has entire responsibility for the proper performance
of agency functions. The dual organisations are therefore necessarily
cumbersome and unnecessarily expensive for the usual course of business
and the absence of a common control or direction of the service which
they share militates against their meeting promptly and efficiently emergencies such as the run commencing on April 9, which though in fact handled
successfully, could not have been met without the assistance which the
representative of this bank was able to obtain from the Cuban government,
assistance which was available solely because the Cuban treasury at the
moment happened to be able and to be disposed to render it, but which
might not be available on another occasion however helpful might be the
disposition of the Cuban officials.



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X-4832

Considerations of efficiency and of respect for the favorable
opinion of tanks and "business houses which would undoubtedly hold both
agencies responsible for a failure of services such as that which impended
on April 9, suggest that one of the two agencies be discontinued; and
though the initiative in the establishment of an Havana agency for dealing
in cable transfers was taken by this bank and though its agency has been
conducted in such a way as to yield a substantial net profit and to receive
the good will and commendation both of Havana banks and of the Cuban government, especially during the emergency beginning April 9, I believe, in the
interests of trade relations with Cube and of the Federal Reserve System
as a whole, that if the Federal Reserve Board should not be disposed to
consolidate the two agencies under the direction and control of the Federal
Reserve Bank of Boston, the agency of this bank in Havana should be discontinued.
So far as concerns the service contemplated in this bank's original application for an agency in Havana, experience has demonstrated that
a single agency can perform that service more efficiently than two agencies
with a division of functions and of responsibility. While it is true that
the agency earnings of this bank have been considerable, earnings alone
without any consideration of service do not constitute a sufficient reason
for the continuance of the two agencies.
Aside from the practical difficulties of effecting cable transfers
through two separate agencies, the possibility of serious liability arising
out of the paying agency's inability to complete transfers should be borne
in mind. In emergencies like the one beginning on April 9, two courses
mig&t be open to the first reserve bank, that is, the bank receiving requests
for transfers which there is reason to believe the agency of the second or
paying reserve bank, may be unable to pay promptly. The first of these
courses would be for the reserve bank to decline to receive the requests at
all. Bit even assuming that the reserve bank would be strictly within its
legal rights in so doing, and could so decline without incurring liabilities similar to those which might attach for example to a refusal by a
common carrier to serve anyone complying with its published tariffs, the
availability of this course would be largely theoretical. Absolute declination of service while any possibility of accomplishment exists, would be
unthinkable in any crisis involving such consequences of financial disaster
as the one in Cuba in April, and though probably under no legal compulsion
to accept without condition orders for cable transfers, the reserve bank in
view of its inauguration of this service and its peculiar relation to other
banks which have come to rely on this service, would be subject to severe
condemnation were it to refuse service unconditionally, and would be under
a strong moral obligation at least to undertake the service on some basis.
As a practical matter, therefore, Only one course is open to the first reserve bank, namely, to accept the order and seek to protect itself by stipulation that the transfer is undertaken without guarantee of completion and
subject to the ability and readiness of the second reserve bank to make
payment.




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256
This course, conditional acceptance, can not "be considered free
from, peril, and liabilities for damages resulting from failure to complete
transfers might "be entailed if for any reason the conditions which the
reserve "bank sought to impose could not "be established as having "been accepted "by the other contracting party, or if for any reason the failure
of service was not within the scope of those conditions. A state of rush
and more or leas confusion nearly always characterizes important crises
such as the Havana run, orders are given and accepted "by telephone and as
a rule through the intervention of another federal reserve "bank, and even
though confirmed "by telegrams and letters as required, it might la some
important cases "be difficult A o establish definite acceptance of the conditions by the bank asking for/Transfer and without such acceptance, the stage
may be set for serious loss or at least for litigation when it would probably
be found that the conditions invoked as a defense for failure of service, if
established, would be, construed strictly against the contracting reserve bank.
In connection #ith possible action by the Federal Reserve Board
authorizing a single agency in Havana, and in conformity with Section 14(e)
of the Federal Reserve Act which provides that whenever a foreign agency
has been established by a Federal reserve bank "any other Federal reserve
bank may, with the consent and approval of the Federal Reserve Board, be
permitted to carry on Or conduct, through the Federal Reserve Bank opening
such account or appointing such agency or correspondent, any transaction
authorized by this section under rules fend regulations to be prescribed by
the Board,M it seems to me that the federal Reserve Board should permit any
Federal reserve bank which cares to do so to share in the facilities, the
earnings sad the expenses of conducting the single agency as is now the
practice with Regard to foreign bank accounts Carried with the Federal Reserve Bank of Sew York.
It is my opinion also that the Federal Reserve Board should require the agency to confine its c&sh disbursements to gold and silver coin,
gold certificates* silver certificates, United States notes and National
bank notes, and that no Federal reserve notes issued by any Federal reserve
bank should be paid out by the agency* If such.a course were followed, it
would mean that when the agency received Federal reserve notes It would return them in the usual course of business to the United States for redemption, which would bring about a gradual retirement of Federal reserve notes
now in circulation. At this time this would cause no embarrassment to any
bank having such circulation* It is obvious that in the case of Federal
reserve notes circulating in a foreign country, the redemption of such notes
is greatly Impeded, however easy and frequent communication with that country
may be, and while the circulation of Federal reserve notes in foreign countries may not at All times be open to the same objections as excessive bank
note circulation trithin the United States, it is evident from the history
and provisions of the Federal Reserve Act, which originally permitted the
issue of such notes against red!scounted paper only, and particularly from
the provisions of the act with reference to issue and redemption and the
penalty against one Federal reserve bank paying out notes issued by another




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Federal reserve bank, that the circulation of Federal reserve notes in any
considerable volume in foreign countries was not contemplated "by the Act.
Such circulation, artificially stimulated and maintained "by any reserve hank,
and "bearing no relation to the requirements of commerce and industry in its
own district is inflationary; and in the case of Cuba it is entirely possible
that Federal reserve notes circulating there might at some future period he
returned for redemption at a time when it might "be very inconvenient for the
issuing "bank to redeem them. Furthermore, it should he h o m e in mind that
the so called War amendments (Acts of September 7, 1916 and June 21, 1917)
which authorize the issuance of Federal reserve notes against gold or against
bills purchased in the open market plus the gold reserve, have been under
criticism in certain quarters for some time past vpon the theory that they
encourage inflation.
Any continued artificial circulation of Federal reserve notes in foreign countries is likely to be used as an argument for
the repeal of these amendments which, under a proper construction, are useful and salutary.
Die sixth paragraph of the preamble to the Board's resolution of
July 30, 1923, reads as follows:
"Whereas, a substantial portion of the currency now in circulation in Cuba consists of Federal reserve notes of the Federal Reserve Bank of Atlanta; and it is feared that the establishment of an agency of another Federal reserve bank in
Cuba might result in the retirement of such notes from circulation; and the Federal Reserve Bank of Atlanta desires to
establish an agency in Cuba primarily in order that it may
maintain the circulation of its Federal reserve notes in
Cuba;"
Should the bill which Mr. McFadden introduced near the end of the
final session of the last Congress be re-introduced at some future tijne,
the advocates of such a bill could point to this as a horrible example of
the effect of the amendments to which reference has been made above, and
I sincerely hope that when the Federal Reserve Board has reached a conclusion
in the Cuban agency matter, the preamble and resolutions then adopted will
at least contain no reference to the use of an agency as a means of enabling
any bank to maintain the circulation of its notes in that country,
I expect to be in Washington on Monday to attend the meeting of
the Open Market Investment Committee, and hope to have an opportunity of
talking with you further on this subject.

Hon, Charles S, Hamlin,
Federal Reserve Board,
Washington, D. C.



Very truly yours,
(Signed) W. P. 0. Harding
Governor