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X-7435

COPY.
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June 29, 1933.
Calkins - San Francisco
Your letter of June 20 regarding sugar factors in
Hawaii. As section 21 of Banking Act of 1933 does not "become
effective until expiration of one year after date of its enactment immediate determination of question raised in your letter
does not seem to "be necessary. You will observe however that
this section provides a penalty of fine or imprisonment for
violation of its provisions and in the circumstances if sugar
factors referred to feel that their business is not subject to
provisions of this section the question would appear to fall
within jurisdiction of Department of Justice. Therefore an
expression of opinion by Federal Reserve Board on question
would not afford protection from criminal prosecution if Department of Justice upon consideration of the matter should
take position that transactions involved were within statute and
should feel it necessary to prosecute for violation of this
section.




Morrill