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Reproduced from the Unclassified I Declassified Holdings of the National Archives I discussed with Mr, Sherman the possibility of combining this file with FOMC Members * General because these two file s overlap slightly. fie preferred that the two file s remain intact and asked that a cross reference sheet he placed in each file * B. Hunter 9/9/55 Reproduced from the Unclassified I Declassified Holdings of the National Archives Form F. It. 131 lO A R D O F G O V E R N O R S O F THE F E b tfR A L RESERVE SYSTEM Office Correspondence To ____ t t ___________ From 3,3 Date March 13,1956, Subject: Mr. Carpenter At the meeting of the Board today, at which you were present, it was agreed, in view of the circuast&nces outlined you# that the submission of the opinion requested by tha Board as to the validity of the elections of the representatives of the Federal reserve banks as members of the Federal Open Market Coamittee would not be necessary. I SRC/acw Reproduced from the Unclassified I Declassified Holdings of the National Archives Form F. R. 131 •30ARD O F G O V E R N O R S o f th e FED ER AL RESERVE SYSTEM Office Correspondence JbCm ‘ ’ Date_March 5, 1956. To .______ Hr# Wyatt_________________ . From ^ Subject:--------------------------------- Carpenter K At the meeting yesterday, at which you were present, you were re- < \ f nested to submit to the Board, prior to the date of the meeting of the Federal Open Market Cowittee to be held immediately following a conference of the Board with the Presidents of the banks beginning March 16, 1956, an opinion as to the validity of the election of each of the five members of the Federal Open Market Committee elected by the Federal reserve banks to represent the banks* ' ^^^RC/acw y*3/s£ Reproduced from the Unclassified I Declassified Holdings of the National Archives Form F. R. 148 b TELEGRAM BOARD OF G O V ERNORS v- O F THE FEDERAL RESERVE SYSTEM L E A S E D W IR E S E R V IC E WASHINGTON 1936 m m tm $ m m w G&sMg m m yoiK m a t a m , c im -w u m $ T m m s , m m AQQ w m i, m m m m M m a m ** m m m s m A98ti>* X W 1 U W J K U ‘m m » ST. LOUIS UGORE, If ym that you pie**© haw not alraady dim# ao, Board raquaata forward iaaiadiataly or aa m m a« aXaatioa hold, a ©artifiad trajaaeript of tha raoord of aiaatioa «f rapraaantativa to Fadaral Opaa Market Canalttaa* ,>4 T Manra* JPD/ebb G E N M . COUNSEL'S OFFICE, Dictated m bsihm FMSOIgGG Reproduced from the Unclassified / Declassified Holdings of the National Archives Fe deral o f O F FIC E OF R eserve Ba A nk tla n ta Se o h e t a r t o r th e B o ie d February A s s i s t a n t F e d e e a l R e s e r v e A g e it t Mr. Chester Morrill, Secretary Board of Governors of the Federal Reserve System, Washington, D. C. 27, 1936* 1956 rr-n 20 PM 3 Dear Mr. Morrill; In the absence of Mr* Kettig, Deputy Chairman, I have for acknowledgment your letter of Febraury 25, 193&* with which you enclosed a copy of a letter which Chairman Eccles addressed to Governor Harri son of the Federal Reserve Bank of Hew York, transmitting a copy of an opinion rendered on the question whether representatives of the Federal reserve banks on the Fed eral Open Market Committee may be elected with limited authority and subject to the condition that they will, as members of the Committee, act in accordance with the in structions of the Boards of Directors which elected them* Your letter and enclosure will be handed to Mr. Kettig when he returns to Atlanta* Reproduced from the Unclassified I Declassified Holdings of the National Archives BOARD OF G O V E R N O R S □ F THE FEDERAL RESERVE SYSTEM WASHIN GTON a «• 9 ADDRESS OFFICIAL C O R R E S P O N D E N C E TD THE BOARD February 26, 1956 Bear Mr* Morrill: I have just received from Mr. Bethea a copy of an opinion of Hr. Dreibelbis m the question whether the banking members of the Federal Open Market Committee could be appointed by the Fed eral Reserve Banks with limited authority subject to instructions ty the banks. I concur in Hr. Dreibelbis' opinion. The Federal Open Market Committee is an independent board and i t would be as ab surd to tie down the banking members of this body "by instructions from the banks as i t would be for the people of a state to elect a Senator of the United States with limited authority. The Senator represents not alone his state but the whole country as well, and the members of the Federal Open Market Committee likewise represent the interests of the country at large. As Mr. Dreibelbis points out, the functions of the Committee are to give orders to the Fed eral Reserve banks and not to receive orders from them. Veiy truly yours, C. S. Hamlin, SPECIAL COUNSEL Mr. Chester Morrill, Secretary, Board of Governors of the Federal Reserve System, Washington, D. C. Reproduced from the Unclassified / Declassified Holdings of the National Archives BOARD DF GOVERNORS □ F THE ^ FEDERAL RESERVE SYSTEM WASHINGTON ADDRESS OFFICIAL C O R R E S P O N D E N C E TO THE BOARD February 25, 1956. Dear Mr* Morrill: I have read carefully the opinion of Mr* DreibelkLs on the natter of election of representatives of the Federal Reserve banks to serve upon the Federal Open Market Coralttee* The opinion is dear and-forcible and sets forth a pos sible interpretation of Section 12A of the Federal Reserve Act* The statute, however, is so vague that i t is iapossible to deteraine by ordinary laws of construction just what Congress had in mind* According to the interpretation placed upon the statute ty Mr* Dreibelbis, Congress has in effect created aa electoral col lege and has rearranged district lines fixed by the Organisation Committee and has consolidated the districts fro® the original twelre into a veiy such smaller number in connection with the selection of representatives upon said Federal Open Market Com mittee* According to this interpretation also, the powers granted to Federal Reserve banks under sub-section 7, Section 4, of the Federal Reserve Act, have been materially reduced la that power to bind the Federal Reserve bank is given its directors, as in dividuals, in connection with individual directors of other Federal Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. Morrill - (£) Reserve banks* I t should be borne in mind that the interests, economic and financial, of the respective districts may be veiy diverse, and that to give the power to choose a representative on said Committee ty the individual votes of two or more boards of directors, may seriously affect the interests of one or the other of the Federal Reserve banks* The statute, as I have stated, is so vague that i t seems hardly possible to build up from i t what the intention of Congress was, bat i f there is any other construction which would relieve us from the necessity of accepting the theory that Congress has radi cally changed d istrict lines as originally fixed by the Organization Committee and has radically reduced the power of the Federal Reserve banks by giving to directors, as individuals, in cooperation with directors of other banks, the power to bind the Federal Reserve bank, I should prefer to seek for some construction which would not in volve such a radical departure from the essential principles of the Federal Reserve Act* I t should be remembered that the Federal Reserve banks in their relations to one another (subject, of course, to the juris diction or power of the central body known as the Board of Governors) are sovereign banks and I aa reluctant to believe that Congress in tended to merge these banks together for the purpose of electing a common representative on the Open Market Committee. Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. Morrill - (3) To my mind, it would certainly be consistent with the lang uage of the statute if in the first instance, the Federal Reserve bank by vote of its directors should agree upon a representative on the Committee and that the other bank or banks involved should take similar action. They could then confer together and, if possible, reach an agreement upon a given representative which agreement should be referred back to the individual Federal Reserve banks for ratification by their boards of directors. To my mind, this would be a much fairer method than to merge the individual directors together into a kind of electoral college. If such were done and there were two Federal Reserve banks upon whom was imposed the duty of electing a common representa tive, it is conceivable that all the votes of one of the Federal Reserve banks might be cast for nAn, while all the votes in the other Federal Reserve bank might be cast for nBn and you should have the same danger of stalling that would exist if each bank cast in the first instance only one vote. Or to go a little further, supposing, under the electoral college theory, there were two candidates for representation on the Committee, "A” and t!BM, the nine votes of one Federal Reserve bank are cast for "A” and the other Federal Reserve bank has lost one director, we will say, because of death, but casts the remaining eight votes for !IB,T, the result would be that "A" would be elected although every one of the living directors of one Federal Reserve bank might be unalterably opposed to "A" as its com mon representative. Reproduced from the Unclassified / Declassified Holdings of the National Archives Mr. Morrill - (4) The question may arise as to what would happen if the two Federal Reserve banks in question could not agree upon a common re presentative. It seems to me, however, that that question may fairly be postponed until such contingency should arise. It is obvious, of course, that in such a case the two or three banks in question would have no representative on the Committee and the question then would arise whether the Committee by regulation could prescribe some other means by which a common representative might be elected, or it might determine to refer the matter to Congress for its action. This, how ever, can safely rest until such a contingency should arise. In conclusion, I would state as above, that while the inter pretation of Mr. Dreibelbis is a possible one, it involves such serious changes in underlying features of the Federal Reserve System that I would hesitate to accept it if some other construction of the statute can be found. I believe that such a construct!cm can be found by treating each Federal Reserve bank as a sovereign authority and en abling it to enter into a kind of treaty with the other Federal Re serve bank involved from which a common agreement may be reached and referred back to each board of directors for its ratification. Very truly yours, C. S. Hamlin, SPECIAL COUNSEL. Mr. Chester Morrill, Secretary, Board of Governors of the Federal Reserve System, Washington, D. C. # nclasstflacj / D&ctassified Holdmas-^ te ila tm a l Archives m 25 1936 Hr. &* & m w rm rB Federal Reserve Beak of b v t m k $ Hew 1'w T w f c t Hew & t ik m m & a t f &*rri»o*i: In accordance with &ur coov^rantion o w r the telephone .!**£ week, 1 a* incsl«*«iiw herewith fmt ytmr inforaatiao, * copy of an aplalm. render»d fey one «£ tb© ®#fcrdf# Assistant Counsel and can#ta$T*d i» % the Board*# Geaeral Counsel, m the qpm#b&m whether wvptmm'bmiXwm of t&* federal reeerve bank* m the F*di***l Qpm Market Coaaittee M y be elected with Halted authority aad »ubje«t t# the cooditioaa that they will, m mw&mm of the Coaaittee, act in accordance witk tlui ia*tr\tction* n# t&# Boards nf Dire«tor« which elected theaI. f«ry fr*i|^r your*. M. S. Socle*, Che±raan. Incloeure M m n i s mr FEB 251936 gK V ^® 1 saias^. acw ■1m&4 &f mprmmw$#Mmw: *f m m i sir* b m k $ t# ilnrtait %#» niili |litl%#i % 9gMMMt &** few** m i %# giitth*** mi*iN^»ia*«fc§tw* ®f its* B m w rm %mig* a g M %lt* F#4#r»t % ♦ « !nrfe*% ** ftwi#«4 f w in m m ^ im xt& «f tfe* $m & m & ^ m m n m &#%* i# m y $w #l#igrl#i witfe i!si.t%'tit «sK^Mfl'l%' m € iw&j#©% %# tl* m m $ M lm ti»% %fc»y will, m mmbmm #1* %f* §«**»£%%•** **% Is <w@irl*«fea# witii %fs§ ## ti#- ^mnmnI* #f 4lr##%#r§' »I#*%&&$, Wmm* miMWM in i^f ©frimliws « ff« 't it # F *ft« r*| % * « %# of «f H n rfc t^ m& mb is iw iitt# * to * » I# « % # S i f t t t i «nlf In m m vftm m wiitt #l#*6$ixg ##*1* lim it# 4 ■©#%h* m m ^m m * f \ Vft 't="r f 1 J»:■ ft* frtaafcry p*¥f#t» ## §*«ff*»# la .an%n% F#4*r«:I %*#« tw «§»•» sssnrlE*t #f**rwfci*®# w %« #ts la 4«t b#4jf wt$& m AftH«ai! iriiip#:&ii%# At * -m m f& m iim %ft* $ n m * wts# #«ttt sN*#f'iwtl4it%f fe§ flu*# m m tm $» W m '§ m » 4 %&m* *&** # f §#r&«s«]f» ®f t l# «®*I«t£fiiljr #f ts# tN*n %%m Ip ^ w i m A i&mfc it tibmM fc# fl»»i in * mmHtowi #t«itijiMsji 'It*.# mi m sm M 4 ^ ni%%**■ fTr»rrior« *f %hm W m sMN^MKfi #f ffe* % M M nm &y§fom m M H m i%$$l9 1 ^ m m rm tom fcw t **& * .i# t #.f l i ^ # im r lM l f<wr a m » * *»£ #£ ^afci* issilhNNf,# itn %m w m w im m m wi%% %■!# p t im lp lm @f %!• 1% it tlwl. tmtfeim tt* pr^rlit# % M t #i# ftmmiiftm* #f M i s*w$«ft «f INwnH tf f s i w w i #t ti# m& H m M m m w m .Itiim*1f #f ti# mi «%#§ fSs» of 4tr##%«#it sf %Ni t O L w if y ^ H M jfY i'C * - * 4- . '\ )^ .A r '+ J X■''■'*■ Wmm&m «r« W m m rm 'h m lm m : tf f*i f«w T«rir*p %i* tirtwrnl la *m % % m 11& , m the N a tional A rc h iv e s Board of Governor* -*► I bat* when elected, they are representatives of mil of the Fieterel Reserve hasfe* and not representative* ©f the p«rl$eulw direetors eleeted them* Bed Congress ix&egtfM that »mh repreeentettve sheuld be el#«ted as a representative of the gr ^p mf hente* electing, *uoh MWfi&er* it would iaev* so steted rether then to have provided that w » l W k r » should eonetitate •reprewentative* of the Federal Heserve faenkw** 1% fell#*** therefore,, that the sfatiee and ottiffttien*.of the federal Re*erv* bank representatives %p©» the Fed eral Open Market Committee are te the country at' large and not to any on* ©r froup of Federal leeerve banks* Attong other thimpr# section 12A of the Federal Reserve Act* as aiaended, provides that % © Federal Reserve bank shell engage or decline to engage in epen-tierket translation* mier section 14 of this Aet, except la accordance wrltfe the direction .of and regulation* adapted bgr the CoB»ittee. the S-awlttee shell ooaaiier* adopt, aad treasmit te the several Federal Beserve ba&ks* regal«tl«* relating t# the openmarket tr&tt*eoti#B* of #«©.fc bank#*'* Thus, rather than receiving ,dire#t*» ion* from the Federal Reserve banks or the feeer&r of director* of "the Feierel Reserve banks, members of th* Federal Open larket Coan&ttee ere charged by law with £lvtn& &lreetlom* te the Federal Reserve bonks, and the Federal Reserve hisfct are.:e&£r$^ by lew with the duty -of following *u©h direction** Certainly it cannot be eeid, ttherefore* that repre sentative* of the banks on the Federal Open lerket Committee are subject te instructions given by the ta&* sleeting them when* % the plain ters* of the &m% they are charged with the 4tart$r of directing the banks In the performance of this |3erti«l*r fumetios* Thus, neafeer* ef the Federal % e & larket Cg^ittee are pub 11# offioer* charge! wi%h the dmty of conducting ©pe»~ffi*rfe»t eperattm m of the Federal teeerv* System *Srith a view to eeoessaodatiiig commerce and boeises* and with retort tetbsir bearing: upon the teneral credit sitae* %l<m of the oeyntry** Of neeeeslty their 4elIberatioii* asl.se^loa*'must tie"iexi?iSSi*ti* "To dleeewlnete Inforwetien m to ejmiwjtiarket policies while being fonaulated or while im the process of being esEee^tei might defeet the results ee&ght in 'the. exeesitlci*. of *«#h policies* Ceugr*** wm% have so eo»*liet**A when it provided in eeetioii 10 of the federal Eeeene &et that the Board of tovernor* ©f the federal leeerve $ys%e®. should keep e eenplete rec®rt of the aetien tak«i by the Fede^ral Open Market Cowiittee *11 questions of policy relettng te epen^aariet epermtlowi and eheaii rmm «NI tMreim the vetee t«^ce» is connection with the determination of' such petleie# and the reason* underlying the estion of the Coimlttee and eiwlt laclude in it* sparnal report to tengr*** a full ^eeunt of the action so taken daring the pieeedlng year*, lad ie.ngre*» infee&lwi the ©onsidereti.<« a»d eaakf^im of "^en«»erket policies be isetters of public and current isf&rm&Xm there would Imve been im nee#e*:tty for refii.iring such report to it# Reproduced from the Unclassified I Declassified Holdings of the National Archives Soord of * •- 4 Tho very font thot prorldod for th* report to bo aodo to 1% rathor than to th* *o.iorol tieeerr* book* or thilr boardo of dlrootort, 1* oignlfloaot* ootion XZJk of th* >.;o-ior*l £oooroo -iot0 *o omondad, roqniroo opon**arkat oporatlono to bo oonduatod V i t h ra^ord to thoir boor Inc apon th* gaavml orodlt oltaotlon of th* gentry** C«o$roo«, asd not th* boord* of dtrootor* of tho * o v o r o O S l o r o i « i o m bank*, to tho body orfcloh roprooaisto tho public intoreot ond Congrooo, vhllo rooornliinf tho oo**fIdantlol olmrMtor of opoanaorkot oporotlon*, m o prorldod for roporto to bo raodo to it o* tho body ro^rooontlng tho gonorol aolfl*ro of th* o oratory* ^od Cosigroo* intoodod t)mt tho Fadoiml Gpan Morisot Coaaittoo or *ny of lto nowbor* ohould mm o duty or raopooolbi IIty to rop«rt to tho V’oord* of dlrootoro of tho Fodorol Koeervo bottk* *uoh dutla* would haro boon iftoladod in oaotlon 10 of tha Fodoral 8o*arro Aot# ^lth roopaot to p^iblio offloors it ho* lone boon hold thot ony oontroot or oitraoaorrt tending to haaso* <** rootrlot ouoh offloor In the duo perforooraoe of bio doty or efciob oooko to lwr>ooo upon «uoh offloor o rootrlotioo In oon^ootion with tho osoroloo of hi* dl*orotion i* illegal ond o o l n * t p’iblio polioy* In tho oooo of •o^noldor Looaj <nl n# 40 Co* oourt* quoting froo Oraonhool on VubI lo Polioy, ototodi TOO, tho *Aay oontroot whioh oootofflplnto* ooad&ot wfcieh will onouat to on iwp— ltlco rxptm o ptibllo offloor In tho eooreioo of hi* dltorotlon 1* void# * * * * Any oontroot by one ootin& in o roprooentotloe oop»» city, efcieh r «trioto tho froo ownroloo of o dlooro~ tion oootod In hi* f*r tho publlo goo4f lo void." In tho oooo of tfowpboii f « Qffott* l&i S« W* 40It tho oo**rt ototodi * * * * * Th* la* roquirM of o prubUo offloor thot bo obeli tioo hi* boot oklll o»4 juJflwrnt for tho protootioo of tho pufeilo ir’toroot, ond on o^roommt boforo hlo o^pointuont to divide th* fOeo of tho of* rioo with oo ottoraey* if *u*ioined# olfht oorio*oiy orlppio tho p u b U o oorvloot * * * »*w Clearly, aay offort to iwitriot o a anber of tho Fodornl Opon % r kot Caaoittoo in tho ftoo ovoroloo of bio dloorotlon in tho ptibllo int#root m d for tha pobilo oolforo, by oonttoot c^r otnorwi*** would b* lllocol ond Oi Oisat pwblie polloy* In tho lav of oorporatlooo# It lo w*li oottlod thot th* d.l*» orotlon of dlrootoro in f o r N o i n e thoir dotloo ooxmot bo liaitod or Reproduced from the Unclassified I Declassified Holdings of the National Archives leard of Q&mrnarm * yaetriofeod hf *galx**t th* Infcorort of th* corporation with t$* *to*kft*i4*r* or ©t>orwlo** fhmg im m a m m r. Owtl*. £13 T* $13, 119 I* r* 5«f§ It i* utaiod* ** + * * In oorperat* bodl**# th* power* of th* hoard of dlr**ter* ara# la * rary iiaportaiti ******t original a?**! a»3*l*f;*t*4* Th* cMkhaldara do »*t oosafor* nor m m th*y rovofc* tho** p*a*r*« * * * * A* a jgonoral rul*f th* *toMfchol<ft*r* oa&riot act 1%) r* lot Ion to th* ordinary fea*ia*** of th* oar; nation, nor 0*0 thay control th* dirootor* 1* th* oaorai** of tha is thou lafy Tirt-u* of th*ir of* fl**» • * ♦ o 0 *arly th* law do** &ot porait tk* < t^ofrhairier* to c~r«N*^»'"ifcr'* t ^ Y t T a ^ ri ^ dir*wfc» or*. * * r......... "...^ r^'Trr^'''t~n 1,1r'n'1,f-r'-... 1 ••■ T In th* **** ©f W**t w# Cssdaa, I M .4b £0?* tho fi-ayr*** Court of th* $ait*d :;:tPttt*7l3*14 tfiat an *jpri<ain% by * *t**irhol3«r of * *orooration to 'kmmp anathar p«r*oa p«raaa*atly in plao* a* m offloar of * oorporatlon m o w o M no age>£i**t pufclio policy, tluoo *u*h aa aaat migMfc r*«$ulr* a *%*ekh*li*r ** a dlrootor to not *w\trary to th* tan* ist*r**t of a corporation* la ii&ia*&oii w# Balfiotmao^ 19? $♦ 1* 576 # th* aaurt *aidi ** o * * 4a?j a* (a *%**lefc*i4«r) boi th* right to daaaxat that aaoli dlraaiar -tl**!mrga m m % ia aaaordaa** with bi* p«r*«a*l Vat ia th* fe**t tat*r**t* of th* osrpfjratii* l>r»**n%» a o * * * tmh&mt hi* doty oosstraot* tfc**y r** $fh*r ***** to th* **^* offaot or* *a*tb v* L*haa&fi, K S *• 17$, Ohio (Ii24)i Ba*h ▼* ^omaaMgh* l?i Ala# SSI, -soTo, "~$k (1912 b &*rlpp* r* S**a m y « f e H m * I l l y U f i 1 # tt* 91 ( m o ) . tt i* laoooo*ir*blo that Ooner**## la *r®*tl»n th* F*d*ral Op»o %rlot Canaltt**v T w th* m m m d p»rp*a* of aondaafelac opon^iarkat *|j*ratioso *%ith ro$*r^ to th*ir ^aari^c apon th* f.*a*ral oro4it *itua» tion of tli* ootttttry^j it*t*o4*<$ to or*at* a b*ay9 fir* :«*,xbor* of whl*h bo sm >' ol>SS*at t* th* will of * body m l»odlo« *o»**m*i prl~ «aorily wltb loo«4 list*r**t*« It i* ay th*r*for*t that rofr**ont*tlro* of tho F*4o? fei teak* ypon tit* f*d*rai Op** ^urfeat C«a*dtt** ssmy act b* ol*ot*4 with lfcalt*4 author!’ fey to aot la a*oorda^»o with l a * t m * V ioa* of tho board* of dirootor* *t**tiag *o*b ms,,bor# aa4 that la th* o<j»v|tt*t of th*tr o ff loo *a*fti r««m1>or* ar* ^ l i i o o ff tear* oa^roi*!^ Reproduced from the Unclassified I Declassified Holdings of the National Archives Joard of Govoruor« - ^ v jb lio fo a o tlo u * n o o o M o rlljr la l a th * th o in t e r e s t o f th e tixfeor»«i of pafcH o * * a l o r $,rmp th e p a r t i« a w h o le , and not « to o ttn r t tom * Koopooi f u l l y • u f c a itto * . J« F . B fW ib o lfc le * A ooU ta^vt Gwswral C w b h U X h o ’s a g ifo a s o a r o f u i oontidarotloa to th* at»o<« o p i n i o n end ocaoar la It iw ptotoly» JfPivtt Aaltor %att, fewowrai 0«mm»ol* Reproduced from the Unclassified I Declassified Holdings of the National Archives t* H* Curti®*, Chaiman, Federal B o e e m Bank of Boaton, lr» BO ltO Q ji M aeeeC h lieette * Iter ir« Curti»»i There ia incloeed for your inforaatton « oojsy o f * let Coalman Socle* hae written to Governor Berriean of tho Federal Boeerfe Bank of Mow Torfc, transmitting & cojy ajhrv*£, of «i optolofr wn<l.r*l by on. of th. BotrdU 0«orel OeHneel and concurred in Iff the Board** Ganeral Couneel, on the question whether repreeentetliwe of the Federal re* eerte banka on the Federal Open Market Coaaittee nay be elected with limited authority and subject to the condition that they willy ae eenbere of the Co— ittee, act .in aecordaace with the inatructione of the Boarde of Direetore which elected thee. V ery tapiily / o u r i i r\. Cheater Morrill, SW ^ llA a pve te iv *♦ W Reproduced from the Unclassified I Declassified Holdings of the National Archives -/A Mr* B* %* Auotin, Chairman, Fodoral Jtooorfo Bank of !%ilad«ljibiaf Fbiladolpbia, Poona* Daar Hr* Auetln* Thoro In iiieloood for y o w inforaatlofc * copy of a ^ if U lottorjoblob Chairman EoeXoa haa vrltton to GoTomor Harriaon . of tbo Fodoral Rooorvo Bank of loo lark, transmitting a copy of ob oplalocj ronderod by one of tbo Board* • Aeaiatant Gon~ oral flhnwitoi nyni o<xiounrod In by tb® Board* 0 Ganoral Oounoolf on tbo quootloa whothar roproaantatiiroa of tbo Fodor&l ro~ iMSffo qB tbo Fodoral Ojmki Mariiot CkMMB&ttoo m y bo ylofttod with lisitod authority and otxbjoot to tbo c m d itim that thoy w ill, ao aeabara of tbo Cowiittoo, aot in acoordanoo with tbo Instruction* of tbo Boards-' of. Dirootors wblob olootod tbo*. . Iifr truly wttn»«. W mW *lWPf ^O tO ^pr *pr T ^ O O il* ' O P v iSi-nsd' CH^.uV’3" v u 9 0 « 9 r WKSwTXJULf SnOSNltaiFV* W P N i l NP O W N # JF N Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr* 1* ®# Burk*, J r ., Acting GhalrmaB, Fadaral Eaaarra Bank of Cla^aland, Claraland, Ohio* Baar Mr* Burkat Thara Is lncloaad for your tafoimttoo a copy of a a v a r/3 * lattar Which Chalraaa Eoelaa haa wrlttaa to Go'taraor Harriaon of tha Fadaral Raaarva Bank of lav fork, traaaalttlng a copy of an. oplnioa! randarad by oiia of Ilia Boardf» Aaatata&t Gan~ aral Counaal and concurred in by tha Board1a Gaaaral Gouaaal, on tha quaatlon whather rapraaantatl*aa of the Fadaral raaarva banka on tha Fadaral Opan Markat Conalttea aay ba alaatad with ll»ltad authority and aubjaat to. tha ©audition that thay will, aa aaabara of tha CoMalttaa* aat In acoordaaea with tha inntruetlcme of tha ioarda of $lraatora which alaatad than* Tary truly youra* Chaatar Morrill, Sacratai*y# tndoauraa Reproduced from the Unclassified I Declassified Holdings of the National Archives ^33. ir* f • A* D®Uno# Baputy Chairman, fadaraX Raaarra Bank of Richmond, Richmond, Virginia* Baar Hr, BaXanot Thara ia incXoaad for your information a oojjy of a P ^ i / b t. ... ....1 ahloh Chairman leo ln h»* «rtttan to Qownor HmttImh of tho FadaraX Raaarre Bank of Saw fork, transmitting a cojgr of am opialo| randarad by on* of tho Board1* Aselat&nt Qm^ oral CounaaX and concurred in by tho Board*a Genaral Coumaal, on tha quaation whathar rapraaantfrtivaa of the FadaraX ra■aimiBMi VAyiif new tha tiinii ftw n Karkat CoMltta* asv ba eXsotad with Ximitad authority and subjaot to tha condition that thgy will, aa aambara of tlia Committaa, act in aocordanoa with tha instruction* of tha Boards of Diraotora which aXaotad tham* Vary truly your*, Chaster Morrill <&a*tar HorriXX, Saoratary* IncXoauraa Reproduced from the Unclassified I Declassified Holdings of the National Archives FIB 25 1936 Hr, W. H. Eattig, Deputy Chairawn, federal Reserve Batik, of AtLaata* Atlanta, Gaorgia Dear Hr. Kettigt Eaere is incXosad for your information a copy of a lalrssit XccXes haa written to Goveriaor Karrison of ttm federal Kasarve BauJt; of Sea Tork, tramidttiiig a oopy JUA.0M'T>^ fA*$M of an opinion!rendered by one of th© Board1* Assistant Gan* eraX GouneeX and coccurred in by the Board1£ General Counsel, m tha question whether representatives of tha federal re serve basics on the Federal Opan Market Coaosittee mj be elected with Xtfl&tad authority and subject to th# condition that they will, as aesber* of tha Conwdttee, act in accordance with tha instructions of.tha Boards of Directors which aXactad then. Vary truly yoiars, Chester lorriXXf Secretary A h * iclosures <7% /k& v/’r'/3< Reproduced from the Unclassified I Declassified Holdings of the National Archives 3 3 3 .3 ftr* lagans I* Stavaas, Qiairaan, FsdaraX Raaarva Bank of Chicago, Chicago, Illinois. Baar H r. itavaast fhara is inclosad for your inforwation a oopy of s Xattarj nfeich Chairm u lecla# has written to Ck>v«mor Harrison of tha FadaraX Rasarya Bank of H$* York, transmitting * copy of sn opinioa randarad by oaa of tha Board’s Assistant teaaral Counsel and concurred ia by tha Board's tawraX CounsaX, oa Ilia question vhathar representatives of tha Federal re serve banks on tha FadaraX Opan Market Co«*&iiee aay ba alactad with Halted authority and subjact to tha conditio#*that they will, as mab&r& of tha OomLttee, act in aocordanc® with tha instructions of tha Boards of Eiraetors ifciefa elected than* Vary truly yours, (&£R2d; Chester Morrill ' Qkestar Morrill, Secretary W/fsf Inclo»ura» Reproduced from the Unclassified I Declassified Holdings of the National Archives FEB 25 1936 Hr. I* 8« food* Chair»an9 Fodoral Raserr* Battle of St* Louis, St* Lemls, Missouri* S oar 8 lr t Thara is IncXosad for jour Information a copgr of a Xattor which Chalraan BoeXaa has wrlttoii to Goramor Harrison of tha FadaraX Rasarra Bank of Baw Xork* trsa»~ Bitting a oopgr of aa opinion randarad by oaa of tho Board*s Assistant GaaaraX CowaoaX aad oonearrad in by tha Board9s Oanaral CooasaX, on tha qnaation whathar representatives of tho Federal reeerve banks m tha FadaraX Opan Barkat Coanlttaa as^ bo aXaotad with Halted authority sad subject to tha condition that they will* aa aoabsra of tha CoMdttoaf sat la aaeordanaa with tha Instructions of tha Boards of ^ Directors whieh aXaotad than. / teiy txuly r««W| Chartar aorrilX, X Secretary. / r XaoLooares L. 1____ Reproduced from the Unclassified I Declassified Holdings of the National Archives f f 8 25 1936 1r» J* I# Payton, Chairman, Federal Beserve Bank of I&xmeapolls, Hittieapolie* Minnesota. Bee* Hr* Peytom Therm Is Inclosed for your Information a ©opgr of • IMtey which CHalrnan Xeclea he* written to Governor Harrison of the Federal Reserve Bank of Sewjfork, transnittlng * copy of an oplnlonf rendered by one of the Boards Assistant Oeneral Counsel and concurred in by the Board *s General Counsel, m the <jnestion whether representatives of the Federal fetewi hank* on the Federal Open Market Cowaittee nay he eleeted with listted authority and sohjeet to the condition that they will* as nesfcers of the Coanlttee, aet la accordance elth the instructions of the Boards of Directors eleeted the** Very troly yours. Cheater Morrill, Secretary. Xnelesnres Reproduced from the Unclassified I Declassified Holdings of the National Archives 3 3 3, FEB 2 S IS36 Hr* J* J* ThgmA*9 Chatman* Federal Bank of Sanaa* City, Kanaaa City, Miaeouri. Dear Mr* Thonaat Thar* la IneXoaad for j m r information a eopgr of minhich Coalman a latt Kccla® haa written to Qwmmmr Harrlean of tha Federal Baaerre Bank of Raw Tort^ trana*it~ ting a copy of an op!jdoft/!*nd*v*6 by ona of tb* Board1* Assistant OeneraX CotutaaX and concurred in by tha Board*a General Connael* on tha quertlon whether repre aeatativea of tli* Federal reaerve banka on the Federal Opan Uarket Cowdt* tae m y be elected with Halted authority and aubj&ct to tha condition that thay will, a* mmtibem of tha Caaalttee, act In accordance with tha inatructiona of tha Boards of Directors which alaetad than* faiy iru3y yours* fSijrned) Chester MoeslCf Charter Morrill, Secretary* X»cloanr«a* :h Reproduced from the Unclassified I Declassified Holdings of the National Archives FEB 25 1936 Hr. C. C* WaXah9 Chalraan. M m l R**erra Bask of DaXXa*f BaXlae* Taxa*, Saar Hr* %l«ht Ther* 1* lnelo*od for yotr Information a copy of i. * Xattar which Chairman Koclaa ha* wrlttan to Ooramor Harrlaon of tha FadaraX Raaarra lank of lav Xork9 tranaolt-* tine * eopgr of an opinion randorod by ona of tho Board’* A**l*tant QatiaraX Counsel and eonetirrod In tgr tha Board1* (JenaraX Coan*oX9 on tha quaatlon whathar reprasantatlva* of tha FadaraX r i a a m bank* on tha FadaraX Opan Markat Comlttaa nay ba aXoetod with Xtaltad authority and unbjaet to tha 00adltlon that thay «ilXf aa naribar* of tha Canalttaa9 aot In aooordanoa with tha lnatruetioa* of tha Board* of Diraotor* which aloetad than* Vary truXy yottr*9 S'igii&i) UwSfitSC Che*tar Morrill, Baeratary. Inclo*ura* Reproduced from the Unclassified I Declassified Holdings of the National Archives FEB 25 1936 Mr* f* S*-Moore* deputy Chairman* Federal Reaorwe Bank of San Franoiaco* San Franciaco, California* Bear Mr. M oore: Thar* Is. incloaed for your information a copy of a letter/ imicft Chairaan Steeles baa written to Governor Harrison o f the Fodoral Reserra Bank of low Tork, transmitting a copy of an opinion] rtndtrtd by mm of tho Board*• Assistant General Counsel and concurred In by tho Board*i Goneral Counsel, on tho question whether representatiwes of tho Fodoral reserve banka ms the Fodoral Opon Haricot Coasdttee »ay bo elected with United authority and sub ject to tho condition that they will# aa ®«*bera of tho Cowaittee* act in aoeordanoo with tho instructions o f tho Boards of Directors wbieh olootod then* Very truly ycrnrs* (Signed) Chester MorrHf Cheater Morrill, Secretary. Incloimroii* Reproduced from the Unclassified I Dei lassoed Holdings of the National Archives Fe d e r a l R e s e r v e B a o f nk N e w Yo r k F e b ru a ry 25, 1936. S i r s : I have f o r acknow ledgm ent y o u r l e t t e r o f F e b ru a ry 20, 1956 e n c lo s in g copy o f Mr* E c c l e s ’ l e t t e r to th e C hairm an o f th e F e d e r a l R e s e rv e Bank o f M in n e a p o lis , copy o f o p in io n o f th e A s s i s t a n t G e n e ra l C o u n sel o f th e B oard o f G o v ern o rs o f th e F e d e r a l R e s e rv e S ystem , and copy o f memorandum, a l l h av in g to do w ith th e s u b j e c t o f e l e c t i o n o f r e p r e s e n t a t i v e s o f th e F e d e r a l R e s e rv e Banks to s e r v e on th e F e d e r a l Open M arket C om m ittee. P le a s e a c c e p t my th a n k s f o r th e in f o r m a tio n c o n ta in e d i n th e v a r io u s d o cu m en ts. R e s p e c tfu lly , C hairm an. B oard o f G o v ern o rs o f th e F e d e r a l R e s e rv e S ystem , W ash in g to n , D. C. Reproduced from the Unclassified I Declassified Holdings of the National Archives *\>rm F. R. 181 v.*. "O AR D OF GOVERNORS or THE FtOERAL RESERVE SYSTEM Office Correspondence To.. Board of Governors From Kr* Preibelbis. Assistant General Counsel Date __l!!fifcrnary -24l*.19.SB... Subject:...-Election-, of -rapre sentative s of— Federal Reserve banks to Federal Open Harkst. Committee ..idLth limitM_Mthority« tr« 10—85* 21y opinion has been requested as to whether representatives of the Federal Reserve banks upon the Federal Open Market Committee, as provided for in section 12A of the Federal Reserve Act, as amended, may be elected with limited authority and subject to the condition that they will, as members of the Committee, act in accordance vdth the instructions of the boards of directors electing them. 0PINI0H In my opinion representatives of the Federal Reserve banks upon the Federal Open Market Committee may not be elected with limited authority to act only in accordance with the instructions of the boards of directors electing such members. DISCUSSIOF The primary purpose of Congress in creating the Federal Open Karket Committee was to fix responsibility for open market operations in one body with a national viewpoint. As a compromise between the views of those Who believed such responsibility should be fixed exclu sively in the Board of Governors of the Federal Reserve System and those wiho believed that it should be fixed in a committee consisting exclusively of the then Governors of the Federal Reserve banks, sec tion 12A, as amended by the Banking Act of 1935, provided for a com mittee composed of the members of the Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banks. Hone the less, however, was the Committee created as a body charged with the entire responsibility for the conduct of open-market operations in accordance with the governing principles of the Act. It is significant that section 12A provides that the Committee "shall consist of the members of the Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banks”, and provides that such representatives shall be elected wone by the boards of directors of the Federal Reserve Banks of Boston and Hew York11, etc. The representatives of the banks are elected by the several boards of directors of the Federal Reserve banj?5> as grouped in section 12A, as Reproduced from the Unclassified I Declassified Holdings of the National Archives Board of Governors - w amended} but, when elected, they are representatives of all of the Federal Reserve banks and not representatives of the particular banks •whose directors elected them* Had Congress intended that each repre sentative should be elected as a representative of the group of banks eleoting such member, it would have so stated rather than to have provided that such members should constitute “representatives of the Federal Reserve banks”* It follows, therefore, that the duties and obligations of the ‘ Federal Reserve bank representatives upon the Fed eral Open Market Committee are to the country at large and not to any one or group of Federal Reserve banks* Among other things, section 12A of the Federal Reserve Aot, as amended, provides that tfNo Federal Reserve bank shall engage or decline to engage in open-market transactions under section 14 of this Act, except in accordance with the direction of and regulations adopted by the Committee* The Committee shall consider, adopt, and transmit to the several Federal Reserve bonks, regulations relating to the openmarket transactions of such banks.” Thus, rather than receiving direct ions from the Federal Reserve banks or the boards of directors of the Federal Reserve banks, members of the Federal Open Market Committee are charged by law with giving directions to the Federal Reserve banks, and the Federal Reserve banks are charged by law with the duty of following such directions* Certainly it cannot be said, therefore, that repre sentatives of the banks on the Federal Open Market Committee are subject to instructions given by the banks electing them when, by the plain terms of the Act, they are charged with the duty of directing the banks in the performance of this particular function* Thus, members of the Federal Open l&xrket Committee are public officers charged with the duty of conducting open-market operations of the Federal Reserve System Siith a view to accommodating commerce and business and with regard to their bearing upon the general credit situa tion of the country”* Of necessity their deliberations and actions must be confidential^ To disseminate information as to open-market policies while being formulated or while in the process of being executed might defeat the results sought in the execution of such policies* Congress must have so considered when it provided in section 10 of the Federal Reserve Aot that the Board of Governors of the Federal Reserve System should keep a complete record of the action taken by the Federal Open Market Committee upon all questions of policy relating to open-market operations and should record therein the votes taken in connection with the determination of such policies and the reasons underlying the action of the Committee and should include in its annual report to Congress a full aocount of the action so taken during the preceding year* Mad Congress intended that the consideration and exeoution of open-market policies be matters of public and current information there would have been no necessity for requiring such report to it. Reproduced from the Unclassified I Declassified Holdings of the National Archives Board of Governors - ^ The very fact that Congress provided for the report to be made to it rather than to the federal Reserve banks or their boards of directors, is significant* Section 12A of the Federal Reserve Aot, as amended, requires open-market operations to be conducted ‘Svith regard to their bearing upon the general credit situation of the country”* Congress, and not the boards of directors of the sev eral Federal Reserve banks, is the body which represents the public interest and Congress, while recognizing the confidential character of open-market operations, has provided for reports to be made to it as the body representing the general welfare of the country. Had Congress intended that the. Federal Open mrket Committee or any of its members should owe a duty or responsibility to report to the boards of directors of the Federal Reserve banks such duties would have been included in section 10 of the Federal Reserve Act* stfith respect to public officers it has long been held that any contract or agreement tending to hamper or restrict such officer in the due performance of his duty or which seeks to impose upon such officer a restriction in connection with the exercise of M s discretion is illegal and against public policy. In the case of Schneider v. Local Union, 40 So. 700, the court, quoting from Greenhood on Public Policy, statedt 11 Any contract which contemplates conduct which will amount to an imposition upon a public officer in the exercise of his discretion is void. * * * * Any contract by one acting in a representative capa city, which restricts the free exercise of a discre tion vested in him for the publio good, is void.11 In the case of Campbell v. Offutt, 151 S. ft. 403, the coxirt stated: »* * * * 'x'he law req\iires of a public officer that he shall use his best skill and judgment for the protection of the public interest, and an agreement before his appointment to divide the fees of the of fice with an attorney, if sustained, might seriously cripple the public service: * * * *•“ Clearly, any effort to restrict a member of the Federal Open Harket Committee in the free exercise of his discretion in the public interest and for the public welfare, by contract or otherw3.se, would be illegal and against public policy. In the law of corporations, it is well settled that the dis cretion of directors in performing their duties cannot be limited or Board of Governor^ - % restricted by agreements against the interest of the corporation with the stockholders or othervd.se • Thus, in Manson v. Curtis, 223 W. Y. 313, 119 K. E. 559, it is stated* H* * * * in corporate bodies, the powers of the board of directors are, in a very important sense, original and undelegated. The stockholders do not confer, nor can they revoke those powers. * * * * As a general rule, the stockholders cannot act in relation to the ordinary business of the corporation, nor can they control the directors in the exercise of the judgment vested in them by virtue of their of fice. * * * * Clearly the law does not permit the stockholders to create a sterilized board of directors. * * * --In the case of West v. Camden, 135 U. S. 507, the Supreme Court of the United States held that an agreement by a stockholder of a corporation to keep another person permanently in place as an officer of a corporation was void as against public policy, since such an agree ment might require a stockholder as a director to act contrary to the true interest of a corporation. In Baldeman v. Baldeman, 197 S. W. 376, the court said: M* * * * And he (a stockholder) has the right to demand that each director disoharge as such, not in accordance with his personal but in the best interests of the corporation present. * # # ** further his duty contract, they re Other oases to the same effect are Lamb v# Lehmann, 143 1. K. 276, Ohio (1924); Rush v. Aunspaugh, 179 Ala. 542, 60 iso. 802 (1912).: Scripps v. Sweeney, 160 Mich. 148, 125 N. vf. 72 (1910). It is inconceivable that Congress, in creating the Federal Open Market Committee, for the avowed purpose of conducting open-market operations ltwith regard to their bearing upon the general credit situa tion of the country*1, intended to create a body, five members of which might be made obedient to the will of a body or bodies concerned pri marily with local interests. It is my conclusion, therefore, that representatives of the Federal Reserve banks upon the Federal Open Market Committee may not be elected with limited authority to act in accordance with instruct ions of the boards of directors electing such members and that in the conduct of their office such members are public officers exercising Reproduced from the Unclassified / Declassified Holdings of the National Archives B oard o f G o v e r n o r - p u b lic f u n c ti o n s in th e i n t e r e s t o f t h e p u b li c a s a w h o le , and n o t n e c e s s a r i l y i n th e i n t e r e s t o f th e p a r t i c u l a r g ro u p e le c tin g ; th em . R e s p e c t f u lly s u b m itte d , J* P . D r e i b e l b i s , A s s i s t a n t G e n e ra l C o u n s e l, I have g iv e n c a r e f u l c o n s i d e r a t i o n t o t h e above o p in io n and c o n c u r i n i t c o m p le te ly * w a it e r W yaw , G e n e ra l C ounsel Reproduced from the Unclassified I Declassified Holdings of the National Archives .RAL RESERVE BOARD fiL £ 1,-425 F e b ru a r T > TO; FROM: 1956. SUBJECTJ E l e c t i o n o f r e p r e s e n t a t i v e s o f F e d e r a l R e serv e b an k s to Fed e r a l Open M ark et C om m ittee w ith Mr. D r e ib e l b i s , A s s i s t a n t G e n e ra l C o u n sel lim ite d a u th o rity . B oard o f G o v ern o rs My o p in io n h a s been r e q u e s te d a s t o w h e th e r r e p r e s e n t a t i v e s o f th e F e d e r a l R e se rv e b an k s upon th e F e d e r a l Open M arket C om m ittee, a s p ro v id e d f o r i n s e c t i o n 12A o f th e F e d e r a l R e se rv e A c t, a s am ended, may be e l e c t e d w ith l i m i t e d a u t h o r i t y and s u b j e c t to th e c o n d i tio n t h a t th e y w i l l , a s members o f th e C om m ittee, a c t i n a c c o rd a n c e w ith th e i n s t r u c t i o n s o f th e b o a rd s o f d i r e c t o r s e l e c t i n g them . OPINION I n my o p in io n r e p r e s e n t a t i v e s o f t h e F e d e r a l R e se rv e b an k s upon th e F e d e r a l Open M ark et Com m ittee may n o t be e l e c t e d w ith lim i t e d a u t h o r i t y to a c t o n ly i n a c c o rd a n c e w ith th e i n s t r u c t i o n s o f th e b o a rd s o f d i r e c t o r s e l e c t i n g su c h members. DISCUSSION The p rim a ry p u rp o se o f C o n g ress i n c r e a t i n g th e F e d e r a l Open M arket C om m ittee was to f i x r e s p o n s i b i l i t y f o r open m a rk e t o p e r a t io n s in one. body w ith a n a t i o n a l v ie w p o in t. As a com prom ise b etw een th e v iew s o f th o s e who b e l ie v e d su ch r e s p o n s i b i l i t y s h o u ld be f i x e d e x c l u s i v e l y i n th e B oard o f G o v ern o rs o f th e F e d e r a l Re s e r v e System and th o s e who b e l ie v e d t h a t i t s h o u ld be f i x e d i n a com m ittee c o n s i s t i n g e x c l u s i v e ly o f th e th e n G o v ern o rs o f th e Fed e r a l R e se rv e b a n k s , s e c t i o n 12A, a s amended by th e B anking A ct o f 1 9 5 5 , p ro v id e d f o r a com m ittee composed o f th e members o f th e B oard o f G o v ern o rs o f t h e F e d e r a l R e se rv e System and f i v e r e p r e s e n t a t i v e s o f th e F e d e r a l R e s e rv e b a n k s . None th e l e s s , h o w ev er, was th e Com m i t t e e c r e a te d a s a body c h a rg e d w ith th e e n t i r e r e s p o n s i b i l i t y f o r th e c o n d u c t o f o p e n -m a rk e t o p e r a t io n s i n a c c o rd a n c e w ith th e g o v e rn in g p r i n c i p l e s o f th e A c t. I t i s s i g n i f i c a n t t h a t s e c t i o n 12A p r o v id e s t h a t th e Com m i t t e e " s h a l l c o n s i s t o f th e members o f th e B oard o f G o v ern o rs o f th e F e d e r a l R e se rv e System and f i v e r e p r e s e n t a t i v e s o f th e F e d e r a l R e se rv e b a n k s ” , an d p r o v id e s t h a t su c h r e p r e s e n t a t i v e s s h a l l be e l e c t e d "one by th e b o a rd s o f d i r e c t o r s o f th e F e d e r a l R e se rv e Banks o f B o sto n and New Y o rk ” , e t c . The r e p r e s e n t a t i v e s o f th e b an k s a r e e l e c t e d by th e s e v e r a l b o a rd s o f d i r e c t o r s o f th e F e d e r a l R eserv e b anks a s g ro u p ed i n s e c t i o n 12A, a s am ended; b u t , when e l e c t e d , th e y a r e r e p r e s e n t a t i v e s o f a l l o f th e F e d e r a l R eserv e b an k s and n o t Reproduced from the Unclassified I Declassified Holdings of the National Archives - 2 - L-425 r e p r e s e n t a t i v e s o f th e p a r t i c u l a r banks whose d i r e c t o r s e l e c t e d them . Had C o n g ress in te n d e d t h a t e a c h r e p r e s e n t a t i v e s h o u ld be e l e c t e d a s a r e p r e s e n t a t i v e o f th e g ro u p o f b an k s e l e c t i n g su ch member, i t w ould h av e so s t a t e d r a t h e r th a n to h av e p ro v id e d t h a t su ch members s h o u ld c o n s t i t u t e " r e p r e s e n t a t i v e s o f th e F e d e r a l R e s e rv e b a n k s 11. I t f o ll o w s , t h e r e f o r e , t h a t th o d u t i e s an d o b l i g a t i o n s o f th e F e d e r a l R e se rv e bank r e p r e s e n t a t i v e s upon th o F e d e r a l Open M ark et Com m ittee a r e to th e c o u n try a t l a r g e and n o t to any one o r g ro u p o f F e d e r a l R e se rv e b a n k s . Among o th e r t h i n g s , s e c t i o n 12A o f th e F e d e r a l R e serv e A c t, a s am ended, p r o v id e s t h a t nNo F e d e r a l R e se rv e bank s h a l l engage o r d e c l i n e to engage i n o p e n -m a rk e t t r a n s a c t i o n s u n d e r s e c t i o n 14 o f t h i s A c t, e x c e p t i n a c c o rd a n c e w ith th e d i r e c t i o n o f and r e g u l a t i o n s a d o p te d by th e C om m ittee. The Com m ittee s h a l l c o n s id e r , a d o p t , and t r a n s m i t t o th e s e v e r a l F e d e r a l R e se rv e b a n k s , r e g u l a t i o n s r e l a t i n g to th e o p e n m a rk e t t r a n s a c t i o n s o f su ch b a n k s ." T h u s, r a t h e r th a n r e c e i v i n g d i r e c t io n s from th e F e d e r a l R e se rv e b an k s o r th e boardfe o f d i r e c t o r s o f th e F e d e r a l R e se rv e b a n k s , members o f th e F e d e r a l Open M ark et Com m ittee a r e c h a rg e d by law w ith g iv in g d i r e c t i o n s to th e F e d e r a l R e se rv e b a n k s , and th e F e d e r a l R e se rv e b an k s a r e c h a rg e d by law w ith th e d u ty o f f o llo w in g su c h d i r e c t i o n s . C e r t a i n l y i t c a n n o t be s a i d , t h e r e f o r e , t h a t r e p r e s e n t a t i v e s o f th e b an k s on th e F e d e r a l Open M ark et Com m ittee a r e su b j e c t to i n s t r u c t i o n s g iv e n by th e b an k s e l e c t i n g them when, by th e p l a i n te rm s o f th e A c t, th e y a r e c h a rg e d w ith th e d u ty o f d i r e c t i n g th e b an k s i n th e p e rfo rm a n ce o f t h i s p a r t i c u l a r f u n c t i o n . T hus, members o f th e F e d e r a l Open M ark et Com m ittee a r e p u b lic o f f i c e r s c h a rg e d w ith th e d u ty o f c o n d u c tin g o p e n -m a rk e t o p e r a t io n s o f t h e F e d e r a l R e se rv e System "w ith a v iew to accom m odating commerce and b u s in e s s and w ith r e g a r d to t h e i r b e a r in g upon th e g e n e r a l c r e d i t s i t u a t i o n o f th e c o u n tr y 11. Of n e c e s s i t y t h e i r d e l i b e r a t i o n s and a c t i o n s m ust be c o n f i d e n t i a l . To d is s e m in a te in f o r m a tio n a s to o p e n -m a rk e t p o l i c i e s w h ile b e in g fo r m u la te d o r w h ile i n th e p r o c e s s o f b e in g e x e c u te d m ig h t d e f e a t th e r e s u l t s so u g h t i n th e e x e c u tio n o f su ch p o l i c i e s . C o n g ress m ust have so c o n s id e r e d when i t p ro v id e d i n s e c t i o n 10 o f th e F e d e r a l R e se rv e A ct t h a t th e B oard o f G o v ern o rs o f th e F e d e r a l R eserv e System s h o u ld k eep a c o m p le te r e c o r d o f th e a c t i o n ta k e n by th e F e d e r a l Open M ark et C om m ittee upon a l l q u e s ti o n s o f p o li c y r e l a t i n g to o p e n -m a rk e t o p e r a t io n s and s h o u ld r e c o r d t h e r e i n th e v o te s ta k e n i n c o n n e c tio n w ith th e d e te r m in a tio n o f su ch p o l i c i e s and th e r e a s o n s u n d e r ly in g th e a c t i o n o f th e C om m ittee and sh o u ld in c lu d e i n i t s a n n u a l r e p o r t to C o n g ress a f u l l a c c o u n t o f th e a c t i o n so ta k e n d u r in g th e p r e c e d in g y e a r . Had C o n g ress in te n d e d t h a t th e c o n s i d e r a t i o n and e x e c u tio n o f o p e n -m a rk e t p o l i c i e s be m a tte r s o f p u b lic and c u r r e n t in f o r m a tio n t h e r e w ould have been no n e c e s s i t y f o r r e q u i r i n g su ch r e p o r t to i t . Reproduced from the Unclassified I Declassified Holdings of the National Archives -3 - L-425 The v e ry f a c t t h a t C o n g ress p ro v id e d f o r th e r e p o r t to be made to i t r a t h e r th a n to th e F e d e r a l R e se rv e b an k s o r t h e i r b o a rd s o f d i r e c t o r s , i s s i g n i f i c a n t . S e c tio n ISA o f th e F e d e r a l R eserv e A c t, a s am ended, r e q u i r e s o p e n -m a rk e t o p e r a t io n s to be c o n d u c te d " w ith r e g a r d to t h e i r b e a r in g upon th e g e n e r a l c r e d i t s i t u a t i o n o f ^he c o u n tr y ” . C o n g re s s , and n o t th e b o a rd s o f d i r e c t o r s o f th e se v e r a l F e d e r a l R eserv e b a n k s , i s th e body w hich r e p r e s e n t s th e p u b lic i n t e r e s t and C o n g re s s , w h ile r e c o g n iz in g th e c o n f i d e n t i a l c h a r a c t e r o f o p e n -m a rk e t o p e r a t i o n s , h a s p ro v id e d f o r r e p o r t s to be made to i t a s th e body r e p r e s e n t i n g th e g e n e r a l w e lf a r e o f th e c o u n tr y . Had C o n g ress in te n d e d t h a t th e F e d e r a l Open M ark et Com m ittee o r any o f i t s members s h o u ld owe a d u ty o r r e s p o n s i b i l i t y to r e p o r t to th e b o a rd s o f d i r e c t o r s o f th e F e d e r a l R e se rv e b an k s su ch d u t i e s w ould have b een in c lu d e d i n s e c t i o n 10 o f th e F e d e r a l R e serv e A c t. W ith r e s p e c t to p u b li c o f f i c e r s i t h a s lo n g b een h e ld t h a t any c o n t r a c t o r a g re e m e n t te n d in g to ham per o r r e s t r i c t su ch o f f i c e r i n th e due p e rfo rm a n c e o f h i s d u ty o r w hich s e e k s to im pose upon su ch o f f i c e r a r e s t r i c t i o n i n c o n n e c tio n w ith th e e x e r c is e o f h i s d i s c r e t i o n i s i l l e g a l and a g a i n s t p u b lic p o l i c y . I n th e c a s e o f S c h n e id e r v . L o c a l U n io n . 40 So. 7 0 0 , th e c o u r t , q u o tin g from G reenhood on P u b lic P o l i c y , s t a t e d : ’’Any c o n t r a c t w hich c o n te m p la te s c o n d u c t v/hich w i l l am ount to an im p o s itio n upon a p u b lic o f f i c e r i n th e e x e r c i s e o f h i s d i s c r e t i o n i s v o id . * * * * Any c o n t r a c t by one a c t i n g i n a r e p r e s e n t a t i v e c a p a c i t y , w hich r e s t r i c t s th e f r e e e x e r c i s e o f a d i s c r e t i o n v e s te d i n him f o r th e p u b lic good, i s v o i d ." I n th e c a s e o f C am pbell v . O f f u t t . 151 S. W. 4 0 5 , th e c o u r t s ta te d ; »»* * * * The lav/ r e q u i r e s o f a p u b lic o f f i c e r t h a t he s h a l l u s e h i s b e s t s k i l l and ju d g m en t f o r th e p r o t e c t i o n o f th e p u b lic i n t e r e s t , and an a g re e m e n t b e f o r e h i s a p p o in tm e n t to d iv i d e th e f e e s o f th e o f f i c e w ith an a t t o r n e y , i f s u s t a i n e d , m ig h t s e r i o u s l y c r i p p l e th e p u b li c s e r v i c e : * * * C l e a r l y , any e f f o r t to r e s t r i c t a member o f th e F e d e r a l Open M ark et Com m ittee i n th e f r e e e x e r c is e o f h i s d i s c r e t i o n i n th e p u b lic i n t e r e s t and f o r th e p u b li c w e l f a r e , by c o n t r a c t o r o th e r w is e , w ould be i l l e g a l and a g a i n s t p u b lic p o l i c y . I n th e law o f c o r p o r a t i o n s , i t i s w e ll s e t t l e d t h a t th e d i s c r e t i o n o f d i r e c t o r s i n p e rfo rm in g t h e i r d u t i e s c a n n o t be l i m i t e d o r Reproduced from the Unclassified / Declassified Holdings of the National Archives •4- L-425 r e s t r i c t e d by a g re e m e n ts a g i n s t th e i n t e r e s t o f th e c o r p o r a t io n w ith th e s to c k h o ld e r s o r o th e r w is e . T hus, i n Manson v . C u r t i s , 223 N. Y. 513, 119 N. E. 559, i t is s ta te d : t'-a- * * * j n c o r p o r a te b o d ie s , th e pow ers o f th e b o a rd o f d i r e c t o r s a r e , i n a v e ry im p o r ta n t s e n s e , o r i g i n a l and u n d e le g a te d . The s to c k h o ld e r s do n o t c o n f e r , n o r can th e y re v o k e th o s e p o w ers. * * * * As a g e n e r a l r u l e , th e s to c k h o ld e r s c a n n o t a c t i n r e l a t i o n to th e o r d in a r y b u s in e s s o f th e c o r p o r a t i o n , n o r can th e y c o n t r o l th e d i r e c t o r s i n th e e x e r c i s e o f th e ju d g m en t v e s te d i n them by v i r t u e o f t h e i r o f f i c e . * * * * C le a r ly th e la w d o es n o t p e r m it th e s to c k h o ld e r s to c r e a t e a s t e r i l i z e d b o a rd o f d i r e c to rs ♦ * I n th e c a s e o f W est v . Camden, 135 U. S. 5 0 7 , th e Supreme C o u rt o f th e U n ite d S t a t e s h e ld t h a t an a g re e m e n t by a s to c k h o ld e r o f a c o r p o r a t io n to k eep a n o th e r p e rs o n p e rm a n e n tly i n p la c e a s an o f f i c e r o f a c o r p o r a t io n was v o id a s a g a i n s t p u b li c p o l i c y , s in c e su ch an a g r e e m ent m ig h t r e q u i r e a s to c k h o ld e r a s a d i r e c t o r to a c t c o n t r a r y to th e tr u e i n t e r e s t o f a c o rp o ra tio n . I*1 Haldeman v . H aldem an, 197 S. W. 376, th e c o u r t s a i d : «i* * * * And he (a s to c k h o ld e r ) h a s th e r i g h t to demand t h a t ea c h d i r e c t o r d is c h a r g e a s s u c h , n o t i n a c c o rd a n c e w ith h i s p e r s o n a l b u t i n th e b e s t i n t e r e s t s o f th e c o r p o r a t io n s e n t . * * * *«» fu rth e r h i s d u ty c o n tra c t, th e y r e p r e O th e r c a s e s to th e same e f f e c t a r e Lamb v . Lehmann. 143 N. E. 276, Ohio (1 9 2 4 ); Rush v . A unspaugh. 179 A la . 5 42, 60 So. 802 (1 9 1 2 ) ;' S c r ip p s v . Sw eeney. 160 M ich. 1 4 8 , 125 N. W. 72 (1 9 1 0 ). I t i s in c o n c e iv a b le t h a t C o n g re s s , i n c r e a t i n g th e F e d e r a l Open M ark et C om m ittee, f o r th e avowed p u rp o se o f c o n d u c tin g o p e n -m a rk e t o p e r a t io n s " w ith r e g a r d to t h e i r b e a r in g upon th e g e n e r a l c r e d i t s i t u a t i o n o f th e c o u n tr y 11. in te n d e d to c r e a t e a b o d y , f i v e members o f w hich m ig h t be made o b e d ie n t to th e w i l l o f a body o r b o d ie s c o n c e rn e d p r i m a rily w ith l o c a l i n t e r e s t s . I t i s my c o n c lu s io n , t h e r e f o r e , t h a t r e p r e s e n t a t i v e s o f th e F e d e r a l R e se rv e ban k s upon th e F e d e r a l Open M ark et Com m ittee may n o t be e l e c t e d w ith l i m i t e d a u t h o r i t y to a c t i n a c c o rd a n c e w ith i n s t r u c t i o n s o f th e b o a rd s o f d i r e c t o r s e l e c t i n g su ch members and t h a t i n th e Reproduced from the Unclassified I Declassified Holdings of the National Archives -5-* L-425 c o n d u c t o f t h e i r o f f i c e su ch members a r e p u b li c o f f i c e r s e x e r c i s i n g p u b lic f u n c t i o n s i n th e i n t e r e s t o f th e p u b li c a s a w h o le, an d n o t n e c e s s a r i l y i n th e i n t e r e s t o f th e p a r t i c u l a r g ro u p e l e c t i n g then*. R e s p e c t f u lly s u b m itte d , (S ig n e d ) J . P . D r e ib e lb is J . P. D re ib e lb is , A s s i s t a n t G e n e ra l C ounsel* I h av e g iv e n c a r e f u l c o n s id e r a tio n to th e above o p in io n and c o n c u r i n i t c o m p le te ly . (S ig n e d ) W a lte r W yatt W a lte r Iftlyatt, G e n e ra l C o u n se l. / (? . Reproduced from the Unclassified / Declassified Holdings of the National Archives FEDERAL R ESE R V E BANK OF DALLAS C .C .W A L S H CHAIRMAN O F T H E BO ARD AND F E D E R A L R E S E R V E A O E N T February 24, 1936 Board of Governors of the Federal Reserve System Washington, D* C. 036 FFB 27 AM 9 Attention Mr. Chester Morrill, Secretary Gentlemen: Receipt is acknowledged of your letter of Februoutlining the Board* s position in regard to (a) the premature election by a certain Federal reserve bank of its President as a member of the Federal Open Mar ket Committee, and (b) the functions and powers of persons chosen by Federal reserve banks to serve as alternates of their respective representatives on the Federal Open Market Committee* As instructed, I have informed each member of our board of directors of the contents of your letter* Yours very truly, Chairman of the Board r |0 Reproduced from the Unclassified I Declassified Holdings of the National Archives (/ F e d e ra l R e s e rv e B a n k o f %^ y-~ N e w Yo r k F e b ru a ry 2 1 , 19S6. D ear Mr. M o r r i l l : R e c e ip t i s acknow ledged o f y o u r l e t t e r o f F e b ru a ry 1 9 , 1956 c o n c e rn in g th e o f f i c i a l a p p o in te d , and th e m anner o f h i s a p p o in tm e n t, by one o f th e F e d e r a l r e s e r v e b a n k s , a s a member o f th e F e d e r a l Open M arket C om m ittee. T h is l e t t e r was p r e s e n te d to o u r b o a rd o f d i r e c t o r s a t i t s m e etin g on F e b ru a ry 2 0 , 1 9 36. V ery t r u l y y o u r s , M r. C h e s te r M o r r i l l , S e c r e t a i y , B oard o f G o v ern o rs o f th e F e d e r a l R e se rv e S y stem , W ash in g to n , D. C. Reproduced from the Unclassified I Declassified Holdings of the National Archives F e b ru a ry 2Q, 1936. Ur* Frsdsrlo 1* Curtiss, Chairman, Fsdsral Esssrrs Sank of Boston, Boston, Masssohmsstts* D . . r H r. C u r t l . . . fhsfi is Inslossd for your information a oopy of a lettarwhloh Mr* Esslss has ad&rssssd to Mr* 4* !• Fsyton, Chalraan of ths Board of Dirsotors of ths Fedsral Eassrrs Bank of Minneapolis, transmitting, in accordanss with his rsqusst, a oopy of an opinion o f ths Board's Counsel with rsfsrsnea to ths qusstlon of whsthsr In slsoting rsprsssntativss of ths Fsdsral Esssrvs hanks to ssrrs on ths Fsdsral Opan Markst Com&ittaa, saeh dir* sotor has a vota or sash bank has ons* A oopy of suoh opinion is also lnolossd, togsthsr with a oopy of ths memorandum sotting forth ons suggsstsd proosdurs for h o ld in g suoh slsotions* fsry truly yours, '£* *; '/'A& : C h s s ts r M o r r i l l , Ssorstary• Inolosurss* Reproduced from the Unclassified / Declassified Holdings of the National Archives Fobruairy 20, 19S6* Mr* 4* H* Cato, Chairaan, Fodoral ioaoinro lank of low York, Sew fork9 How York* Dear Hr* Cuti | There it inolotod for your information a copy of * lottort whioh Hr* JSoolot hot addrottod to Mr* «?* *• FoytoB^'tSiTijfafcs of tho Board of Dlrootort of tho Fodoral Motorto Bonk of Mianoapollt# tran«*ltting# in aooordanoo with hit roquoat, a oopy of on opinion of tfeo Board *t Countol with roforonoo to tho quottion of whothor, in elooting roprotontatlroa of tho Fodoral iiotorro banka to torro on the Fodoral Gpo» Markot Coaraittoo, oaoh director hat a TOta or oaoh bank hat obo * A oopy of tuoh opinion it alto inclotod, togothor with a oopy of tho noatoranduai totting forth ono tuggottod proooduro for holding tuoh olootiomt* Yory t r u l y yourt# C h o tto r M o r r i l l , S o o ro ta ry * Reproduced from the Unclassified I Declassified Holdings of the National Archives i i i ! February EO# 1936* Mr* k* L* Austin, Chairman, Federal leeerre Sank of .Philadelphia, iiiiladelphia, Pennsylvania • Dear Mr* Austint I There is inclosed for your information a copy of a lottorf which Mr* loolas has addressed to Mr* J* I* Peyton^^hairmen of tho Board of Direotore of tho Federal Reserve Bank of Minneapolis, transmitting, in aeoordanoo with his request, a copy of an opinion of the Board *s Counsel with reference to th© question of whether* In electing representatives of tho Federal Meserre banks to serve on tho Federal Open Market Committee* eaeh director has a vote or eaeh bank has one* A eopy of suoh opinion is also inclosed* together with a copy of the memorandum setting forth one suggested procedure for holding suoh elections* Very truly yours* (Sinned; Ghost-®?' M orrill Chester Morrill, Secretary* Xnclosures* JPD /ebb GENERAL COUNSEL’S OFFICE, Reproduced from the Unclassified I Declassified Holdings of the National Archives February 2-0* 198 i* Mr* I# S« Burk®, Jr** Aeting Chairman* Fadaral Reserve Bant of Cleveland, Cleveland* Ohio* Dear Mr* Burkei ! there It inclosed for your Information a copy of a l e t t e r ] mfaloh Mr* Eeeles hat addressed to Mr* 4* h» Feyton* Chairman of the Board of Direotore of the Federal Reserve Bank of Minneapolis* transmitting* in aoeordanee with his request, a copy of an opinion of the Board*e Counsel with referenee to the question of whether* in elooting representatives of the federal Reserve banks to serve on the Federal Open Market Committee* eaeh director has a vote or eaeh bank has one* A copy of suoh opinion is also inclosed* together with a oop> of the memorandum settimg forth one suggested procedure for holding sueh elections* Very truly yours* (SignU) CneCter C h e s te r M o r r ill* S e c r e ta r y * Inolosures* JPD/ebb fet vE-AL COUNSEL'S O ff ICE, Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr* Frederic A* Delano, Deputy Chairman, Federal fieserve Bank of Richmond, Richmond, Virgin!a* Dear Mr* Delano« rV ^ ¥ ^ 4 / Thor® if inoloaed for your information a eopy of a,latter which Mr* iooles haa addressed to Mr* <1* £U i'eyton, Chairmazi of tho Board of Dir actor a of tho Fodoral Eoaorvo Bask of Minneapolis, transmitting, la aooordanoe with hla request, a eopy of am opinion of tho Board*• Counsel with reference to tho question of whether, In electing representatives of tho Fodoral fieserve hanks to sorvs on tho Fodoral Opon Market Oomdttoo^ oaoh director has a veto or oaoh bank haa oso« A oopy of auoh opinion is aloo inclosed, together with a eopy of tho memoranda* sotting forth one suggested proooduro for holding suoh elections* Very truly yours, C h e s te r M o r r i l l , S e c re ta ry . Inolosuros* JPD/ebb 6_';ERAL COUNSEL'S OFFICE, Revised by Reproduced from the Unclassified I Declassified Holdings of the National Archives February 20, 1936* Mr* i. H* Kettlg, Deputy Chairmen, Federal Reserve Bank of Atlanta, A t l a n t a , (ie o rg la * Deer Mr* Kettigf PfZA/bh I There it Inclosed for your infora*tion a copy of a letter which kr* Eecles he* addressed to Hr* J* M* Peyt o ^ r m I r a a n of the Board of Directors of the Federal Reserve Bank of Minneapolisf transmitting, In accordance with his request# a oopy of en opinion of the Board's Counsel with refere&ee to the quest!Oil of whether, In electing representatives of the Federal Reserve benks to serve on the Federal Open Market Cosudttee, eaeh director has e vote or eaeh bank hes one* A oopy of sueh opinion Is elso Inclosed, together with a oopy of the memorandum setting forth one suggested procedure for holding sueh elections* Vary truly yours, (Signed) Chester Morrill, Secretary* Inclosures* JPD/ebb GENERAL COUNSEL'S OFFICE, w&nrn rceproaucea rrom the Unclassified I Declassified Holdings of the National Archives Mr* I* M* Stevens, Ch*ir*an, Federal Beserve Bank of Chleago, Chicago, Illinois* Deer Mr* Stevensi there is inclosed for your i n f ernetio n a copy of * lstter which Hr* hocIs« ha* addressed to Mr* J. 1* Peyton, Chairman of the Board of Directors of the Federal Reserve Bask of Minnesipolis, transmitting, la accordance with his request, a copy of an opinion of the Board's Counsel with reference to the question of whether, In electing representatives of the Federal ieserve banks to servs on the Federal Open iaarket Coanittee, each direst or has a vote or eaeh bank has one* A eopy of suoh opinion is also inclosed, together with a oopy of the memorandum setting forth one suggested procedure for holding such elections* Very truly yours, * Chester Morrill, Secretary* Iselosures* JPD/ebb GENERAL COUNSEL'S OFFICER Dictated b Approved Dy ftavised by.. Reproduced from the Unclassified I Declassified Holdings of the National Archives February 20, 1956* Hr* J* S* Wood, Chairman, federal Keaerro Bank of St* Louie, St* Loula, Miaaouri* Bear Mr* loodi v / There la inoloeed for your infonaation * cop; of a JjttW whioh Mr* Boolea haa addreaaed to Mr* <1* 1* Payton, Ghainaan of tha Board of Plreetora of tha Fadaral Reaerve Bank of Mlnneapolia, tranamittlng, In accordance with hia raquaat, a oopy of an opinion of tho Board*a Counsel with reference to tha queetion of whether, in electing representatives of tha Fadaral teaerre banka to aorta on the Federal Open Market Conalttee, eaeh direotor haa a vote or each bank haa one* A oopy of auoh opinion la alao lncloaed, together with a oopy of the Bemorandus aetting forth one suggested prooedure for holding auoh elections. Very truly youra. C h e a te r M o r r i l l , S e c r e ta r y * Xnoloaurea* JPD/ebb GErtERAL COUNSEL'S OFFICE, Dictated b Approved by.............. Revised b y .• • • • • • • • • • « * » • « « * Reproduced from the Unclassified I Declassified Holdings of the National Archives February 20, 1936* Mr* J* «f* fhoaas, Chairman, Federal £eserve Bank of Kansas City, Kansas City, Missouri* Dear Hr* Thomsi There is inclosed for your inforaation a copy of a which Mr* ificcles has addressed to Mr* J* B* Psgrton, Chairman of the Board ©f Dire©tors of the Federal teserve Bank of Minneapolis* transmitting* is accordance with hi* request, a oopy of an opinion of the Board's Counsel with referenoe to the question of whether, in electing representatives of the Federal lieserve banks to •erve on the Federal Open Market Committee, each director has a vote or each bank has one* A oopy of such opinion is also Inclosed, together with a copy of the memorandum setting forth one suggested procedure for holding such elections* V«ry truly your*. Chester Morrill, Secretary* Inclosures* JPD/ebb GENERAL COUNSEL'S OFFICE, Approved b y .. Revised by......................... i Li 3 ) M S Reproduced from the Unclassified I Declassified Holdings of the National Archives February EG, 1956* Mr* C* €* leieh, Chairman, Federal Reserve Bask of Dallas, Dallas* fexas* Dear «r* itialah* ! there Is Inclosed far your information a copy of aJLi&fltJt ahiah Mr* leoles has addressed to Mr* J* M* Payton, Chairman of the Board of Directors of the Federal Heserve Bank of Minneapolis, transmitting, In accordance with his request, a copy of an opinion of the Board’s Counsel with referenee to the question of whether, in electing representatives of the Federal Heserve banks to serve on the Federal Open Market Committee* each director has a vote or each bank has one* A copy of suoh opinion Is also Inclosed, together with a copy of the memorandum setting forth one suggested procedure for holding such elections* Very truly yours# Chester Morrill, Secretary* Inolo«ure». JPD/ebb GENERAL COUNSEL’S OFFICE Dictated > ••** Approved by......... .. Revised b) ii Li Li Reproduced from the Unclassified I Declassified Holdings of the National Archives : * F e b ru a ry 20* 1936* Mr* Dalton i». Moore, Deputy ^hairnan, Federal Jieserte Bank of Sen Francisco, Sen Francisco, California. Dear Mr# Moorat j<y ^ o( ,5«► ( There i t inclosed for your information a oopy of a Itttar whioh Mr. Boolaa hat addressed to Mr. J. H. Peyton, Chaitmn of tha Board of Birectore of tha Fadaral Reserve Bask of Minneapolis, transmitting, in aooordanca with hit request, a oopy of an opirion of tha Board’s Counsel with reference to tha question of whether, in eleoting representatives of tha Fadaral leserve hanks to serve on tha Fadaral Open Market Coanalttae, eaoh director has a vote or eaoh hank has one. A oopy of sueh opinion Is also inclosed, together with a oopy of the nettorandu* setting forth one suggested proeedure for holding sueh elections. Very truly yours, (Slfined' / Chester Morrill, Secretary. Inclosures. JPD/ebb GENERA* COUNSEL'S OFFICE, r::> ; J v // 1 ,• - * ReproducecHrom the UnclassHref'/'OeclSssified'Holdings' of the National Archives i Mr* 3+ S* Peyton, Ghairaan, Federal fteterre Bank of Minneapolis* Minneapolie* Minneaota* r Boar Ir* Payton* In accordance with your requeat, I am Inclosing herewith for your Information a eopy of an opinion toyone of the Board.*t Aasiatant denerel Ueunael, concurred in by lit General Oomnael, on tho quettion of whether, in electing rapretentati’tet of the Federal Ee terra banka on the Federal Open Market Cowaittee, oaoh direotor it entitled to one rote, or each bank it entitled to one. iilto, at requested by you, I a* ineloaing a eopy of a asaorandua setting out one asthod of procedure whieh h a t bean suggested in connection with holding tuoh elect! ona* Thit, of course, doet not iaply that it it the only one whieh nay be followed. Very truly youra, 1* S* ieeles, Cfeairaan* Inclosuret* f ll^pWWBBHWPWWWWWPWBBBWWWWpW iiW |P|p|P|pPW|lll*"|WWWBM ^ i ■»i» ....... . Reproduced from the U rtc l^fr® ^ /l!® S ® § ^ ^ ™ 'ld in g s of the National Archives BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON F e b ru a ry 2 0 , 1936 tfr« <1* i* P a y t ob # w H oirm zi, Fodoral U m w m t w Ba»k of tflBaaapolio, MiHBOapoiia, MittXMlSOt** Do&r Mr* rflytcra* In te«ordti«* with year roqu«»»t, 1 am lcclooliag her•with for your lnforaotia® * copy of am opinion t>y obo of tho Soard’a Meltt»*t CfoBoral ^ou»*oi, concurrod in by Its dwftorml vounaol, on tlio quoatloa of whothor, Is olootlnf roproooBtativoa of tho Fadoral iaaorvo bonk* on tho Fodoral Qpoa Harkat Cowilttoo* ««eh dirootor !• *Btitlad to oao vott, or oaeh bonk la «utitled to o b o * » laa# os raquoatod by you, rfas inelo»in6 * eopy of a nasorandmm aatti&& out obo ®«tIjJdQf prooodora whioh hat boas lug ortod in c o n m o o t i j M p ^ t h ^ l d i n * , aaeh olaotiomi Thi»# of oouraa, doaa mot it la tbo only & m whlalt m y bo folloawd* Vory truly youra, 1* &aaiaa, OhalraiaB* JBcloawraa* -----T O O H S osr FEB 201936^ ^fr\ One S u g g ested P ro c e d u re f o r H o ld in g E l e c t i o n o f R e p r e s e n t a ti v e s of F e d e r a l R eserv e Banks t o M embership Upon F e d e r a l Open M arket Com m ittee /t In view o f t h e f a c t t h a t each e l e c t i o n of r e p r e s e n t a t i v e s of F e d e r a l R eserv e b an k s t o m em bership on th e F e d e r a l Open M arket Comm ittee i s by th e d i r e c t o r s o f two o r t h r e e d i f f e r e n t F e d e r a l Re s e rv e b an k s a p r a c t i c a l p ro b lem a s t o th e m ethod of c o n d u c tin g such e l e c t i o n h a s a r i s e n . W ith o u t i n anyw ise s u g g e s tin g t h e im p r o p r ie ty o f some o th e r fo rm o f e l e c t i o n , th e f o llo w in g h a s b een s u g g e s te d a s one p r a c t i c a l means by w hich such e l e c t i o n c o u ld be c o n d u c te d . 1 . The b o a rd s o f d i r e c t o r s o f each o f th e s e v e r a l F e d e r a l R e serv e banks a s g rouped i n s e c t i o n 12A o f th e F e d e r a l R eserv e A ct co u ld m u tu a lly a g re e upon some o f f i c e r o f any o f su ch banks t o a c t a s t e l l e r i n th e c o n d u c t o f such e l e c t i o n . 2 . Each b o ard o f d i r e c t o r s o f a F e d e r a l R eserv e bank w ith i n a p a r t i c u l a r group o f F e d e r a l R eserv e b an k s c o u ld th e n nom i n a te from among th e f u l l tim e r e g u l a r l y a c t i n g e x e c u tiv e o f f i c e r s of su ch b an k s c o m p ris in g such group one o r a s many c a n d id a te s a s th e members of such b o ard m ig h t d e s i r e and fo rw a rd su ch n o m in a tio n s t o th e t e l l e r a l r e a d y a p p o in te d . 3* The t e l l e r a f t e r r e c e i p t of a l l n o m in a tio n s c o u ld p r e p a r e b a l l o t s and fo rw a rd th e same to each d i r e c t o r o f a F e d e r a l R eserv e bank i n th e group f o r w hich such t e l l e r was a c t i n g . 4 . xUach d i r e c t o r c o u ld th e n c a s t h i s v o te w ith th e t e l l e r and a f t e r eac h d i r e c t o r had had a r e a s o n a b le o r a g re e d tim e w ith i n w hich t o c a s t h i s v o te th e t e l l e r c o u ld can v a s th e b a l l o t s and a n nounce th e r e s u l t s o f t h e e l e c t i o n . 5 . C a n d id a te s would be e l e c t e d by a p l u r a l i t y o f th e v o te s c a s t and i n th e e v e n t o f a t i e i t w ould be n e c e s s a r y t o h o ld a n o th e r e le c tio n . u FEB 201936. Reproduced from the Unclassified I Declassified Holdings of the National Archives 3 i3i 3 )A R D OF GOVERNORS O F THE FEDERAL RESERVE SYSTEM Office Correspondence To Date F e b ru a ry 20, 1956. Subject: E l e c t i on of F e d e r a l R e serv e b a n k 1s Board o f G overnors From_Mr. D r e i b e l b i s . A s s i s t a n t G en eral C o u n s e l. I. r e p r e s e n t a t i v e s to F e d e r a l Open Market Comm it t e e . QUESTION PRESENTED My o p in io n h a s been r e q u e s te d a s t o w h e th e r i n t h e e l e c t i o n o f r e p r e s e n t a t i v e s o f th e F e d e r a l R e se rv e banks t o th e F e d e r a l Open M arket C om m ittee, p u r s u a n t t o th e p r o v is io n s of s e c t i o n 12A o f th e F e d e r a l R e se rv e A c t, a s amended by th e B anking A ct o f 1935, each bank or each b o a rd of d i r e c t o r s o f a b an k a s a u n i t i s e n t i t l e d t o one v o te , or w h eth er each d i r e c t o r i s e n t i t l e d to a v o t e . II. OPINION I t i s my o p in io n t h a t s e c t i o n 12A of th e F e d e r a l R e se rv e A c t, a s amended by th e B anking A ct o f 1955, c r e a t e s an e l e c t o r a l body composed of th e d i r e c t o r s of t h e F e d e r a l R e se rv e b an k s a s grouped i n s a id s e c t i o n f o r th e p u rp o se of e l e c t i n g a member t o th e F e d e r a l Open M arket Comm ittee and t h a t eac h d i r e c t o r i s e n t i t l e d t o c a s t a v o te i n th e e le c tio n . III. DISCUSSION S e c tio n 12A o f th e F e d e ra l R e se rv e A ct p r o v id e s f o r r e p r e s e n t a t i o n of th e F e d e r a l R e se rv e b an k s upon th e F e d e r a l Open M arket Com m ittee by th e e l e c t i o n o f f i v e members t o th e C om m ittee. I t i s p ro v id e d t h a t su ch r e p r e s e n t a t i v e s s h a l l be e l e c t e d Mone by th e b o a rd s o f d i r e c t o r s o f th e F e d e r a l R e se rv e Banks o f B o sto n and New Y o rk ,” e t c . No d i s c u s s io n o c c u rre d i n th e h e a r in g s b e f o r e th e House and S e n a te C om m ittees o r i n t h e .d eb ates a s t o w h e th e r i t was c o n te m p la te d t h a t each b o a rd of d i r e c t o r s sh o u ld v o te a s a u n i t , th u s g iv in g each bank one v o te , or w h e th e r th e v o tin g sh o u ld be by th e d i r e c t o r s o f eac h b an k , th u s g iv in g each bank n in e v o t e s . I t i s h a r d ly c o n c e iv a b le t h a t C o n g ress in te n d e d t h a t each b o a rd of d i r e c t o r s s h o u ld v o te a s a u n i t , b e c a u se t h i s c o u ld f r e q u e n t l y r e s u l t i n d e a d lo c k . I t i s w e ll s e t t l e d t h a t w here th e m eaning o f a s t a t u t e i s n o t f r e e from d o u b t i t w i l l be g iv e n t h a t c o n s t r u c t i o n w hich le a d s t o p r a c t i c a l and n o t im p r a c t i c a l r e s u l t s . M is s o u ri P a c i f i c mmm m FEB 2 0 1 9 ^ Board of Orovernors - 2 Railroad Company v» Holt, 293 Fed* 155* certiorari denied 264 13. S. 584} 13kewi.se it will be given that construction which will carry out rather the.n defeat the purpose of the legislature. The foully and the Uarolyn, 9 tiiheat. 381. Also it has been said that "where £reat inconvenience will result from a m r ticular construction that construc tion is to be avoided unless the meaning of the legislature is plain”. United States v. Fisher, 6 U. S. 368. Thus, in election cases upholdlrg elections by plurality rather than by majority, courts have based their decisions upon the grounds that "any system of par15gjrcentary tactics, or any condition of membership, however well meant, calculated to 'defeat such an organi zation, or any construction of the statute leading to such result,” shoulc be avoided. This is illustrated by the following quotation including the foregoing one from the case of State v. Anderson, 12 itf. ft. 666* "In this state the plurality principle has been and is applied generally to elections. * * * The legislature not having designated any mode of electing the officers at the organization of the council, nor prescribed the number of votes necessary to eleot, but simply required the members to organize by ‘electing*, it is a fair inference, in the ab sence of anything to indicate a different intent or meaning, that the term *electing* was used in its popular and generally received sense of choosing by a plurality of votes. This in ference is aided by the context, as well as by the manifest object of the statute. One leading purpose was to effectuate a prompt, if not an immediate, organization. As is said by Johnson, J., in State v. Green, 37 Ohio St. 232} *The council is charged with an important public trust. It is essential to the exercise of that trust that a soeedy organization should be had.* *They (the members present, if a quorum) shall forthwith proceed to organize,* is the unmistakable language of the statute. *«here the question involved is difficult of solution, any system of parliamentary tactics, or any conduct of members, however well meant, calculated to defeat such an organization, or any construction of the statute leading to suoh result, will not be favored unless clearly required by the terms of the law. •** 12 £ug. 656, 658 (Ohio, 1887) Should the pertinent portion of section 12A be interpreted as allowing each bank or each board of directors as a unit one vote, as distinguished from allowing each director of a Federal Reserve bank a Reproduced from the Unclassified / Declassified Holdings of the National Archives Board of Governors - 3 vote, the power to deadlock an election and even to defeat the will of the majority would be put within the hands of a minority* For in stance, in a case where two Federal Tieserve banks are grouped together, five directors of one bank might favor candidate a, while the other four directors and the nine directors of the other bank might favor candidate B* In such case the five directors could control the vote of the board they represented and thus deadlock the election* In a case where three Federal Reserve banks are grouped together, five directors of each of two banks might favor candidate A, whereas the other directors of suoh banks, together with the nine directors of the third, bank, might favor candidate B* In such case ten directors of two Federal Reserve banks would control the election, as against the wishes of seventeen other directors* Such a construction could result in great inconvenience, would be impractical, and might defeat rather than carry out the purpose of the legislature* In addition, it is very significant that with respect to the election of class A and class B directors to the board of directors of each Federal lieserve ban!’, section 4 (paragraph lb) of the Federal Reserve Act clearly provides that the votir.g shall be done by the member banks and that each member bank Mby resolution of the Board or by an amendment to its by-laws shall authorize its president, cashier, or some other officer to cast the vote of the member bank in the election of the class A and B directors11* Thus, where Congress intended that the voting should be done by the member banks as units, it specifically provided that each bank should have one vote and prescribed the means whereb/ such vote should be cast* In connection with section 12A of the Federal Keserve Act, however, it was provided that the election should be by "the boards of directors of the Federal Reserve bankstt* ihere is, of course, little distinction between a bank cast ing one vote and Sts board of directors as a unit casting one vote* i:ad Congress, in creating the Federal Open market Committee, intended that each Federal Reserve bank should cast a vote, it would have made provision, as it did in the case of the election of class A and B dir ectors to the boards of directors of Federal Reserve banks, for the selection b,y such boards of someone to cast such vote* itot having done so, Congress must have intended that the directors of the several Fed eral Reserve banks, as grouped in section 12A of the Federal Reserve Act, should constitute several electoral bodies, each charged with the duty of selecting a representative of the Federal Reserve banks to the Federal Qoen /viarket Committee. In view of the fact that the wording of section 12A of the rio&rd of Governors - 4 Federal Reserve Aot is in itself novel, there is no direct authority squarely upon the point, but somewhat analogous situations have arisen in connection with other statutes* For instance, there is a statute in the State of Massachu setts providing that towns of a certain population may unite for the purpose of employing a superintendent of schools and providing that the school committees of each town shall form a joint commit t:ee and choose a superintendent of schools* In the case of Reed v. Barton et al. 47 k* &. 961, it appeared that, pursuant to such statute, three small towns proceeded to elect a superinte&dogtt of schools through their re spective committees* As the committees of two of the towns consisted of only three members, whereas the third town had a committee consist ing of nine members, the voting m s equalized by giving each town the same number of votes,if all committeemen were present Ibut the towns did not vote as units* Subsequently, the election was questioned and, in upholding the election, Chief Justice Holmes held thst, ’’The members of the joint committee provided by St* 1898, c* 466, no doubt are in tended to vote individually and not by towns11* In view of all of the considerations stated above it is my opinion, that the election contemplated by Uongress in the enactment of section 12A of the Federal Reserve Act is an election by an electoral body consisting of the members of the boards of directors of the several Federal .Reserve banks as grouped in the section* iiespectfally, J# P. Dreibelbis, Assistant General Counsel* I have given careful consideration to the above opinion and concur in it completely* •.Valter vVyattgy General Couxreel* R e p r o ( # * 1 r d f n the U nclassified I D eclassified H oldings of th & N a tio n a l A rchives February W , 1936* ti% Frederic I* Surt!*#, Federal I'tsarr# Bank of le*$onf Boston, ia.#sacb***«tt#* B#*r Hr* 0mrtl»ii Ths Board of Qomffimm M i received information tr m one of tha Jfafti&ttl reserve banks oi the fe*okt St * b#*rd of -tfe* - early 1» February, •tmaalimsl^ sleeted _________________ , Fresidaitt *# the Fedtaml lt*«arv# Bank of . ....I,.j. ..,,,:..,,,J;,Ju.l,,*-*• » »a*fe«r of ths Federal 0$«a Market OoMdt%««* #t cetera. However, according ifr the Ixiftamttoi* of the B&awl of soar* the board of dtiNsetor# of the fedtml re#«rve bank referred to in the action taktia has not el«6tttd a for the tera beginning larch 1, !$$§* It la the of the Board of Htvemort that the tloo taken in this matter is f>ra*atMtr« and the Board fea» requested that tht directors of ths bank txt m ailvlaed* It appears si.## that * re#olmtlcm «li ippre’W d containlag a recoramandation that both the elected a* rep^iimtativa and the person elected as alt«»at# b# Sii Washington at the time <*f•nestings of tha FaiaraJ, Open tafiat Oettiitttt# and tftai the alternate, if tha advisory capacity* is present, will aot in m The Board of $0v«niars has «*IX«4 attention to the fact that the fadaral Open Market Camaittee as «®at#d Reprod'iiOed from the U ncla ssified / D eclassified H o ld ttifs o f the N ational A rchives frederie H. Curtiss *» f t ) by Congress consists solely #£ tkm iy*1»r:s tfe* B©*i*d «>£ Cfcwarn&r# ***$; the five yepNMMHitfrtl*## #£ 9NtafW& reserve banks And that tfe* m only jfuiitt&oa of s& $gr the statute 1# to serve in til# absence of til#:f%fr*#$*rfcattve t m whoa he Is m alternate* therefore, the Board of Governors has expressed th# opinion that 1% vaa not tbgr m altars* te should attend m . participate ia * nee ting #£'t&© Federal §fe*l Market OMnltte* #2P©#pt im the absence of the representative fo*- frito* 'he Is the alternate.* the B©*rd »tl;l #$$r*#iatft it if f m niil Infos** the mmforn# of your board of dirtptar* pfMfcptXjf of the con tan ts of this Tery truly yours, {&»#$•* Sorrlllt $ # u r « ta iy * F l B H !93t> Reproduced from the Unclassified I Declassified Holdings of the National Archives Au m M r, J* H. C ase, C h airm an , F e d e r a l R eserv e Bank o f Mew f o r k , Mew Y o rk , Sew York* 'Dear Mr* C ase: t h e B oard o f G o v ern o rs h ae r e c e iv e d information from one o f t h e F e d e r a l r e s e r v e b an k s t o t h e e f f e c t t h a t t h e b o a rd o f d i r e c tor© o f t h e b an k , a t a m e e tin g e a r l y l a F e b ru a ry , "u n an im o u sly e le c te d . P r e s i d e n t o f t h e F e d e r a l R e se rv e Bank o f . a s & member o f th e F e d e r a l Open M ark et Com m ittee* e t c e te ra . However, a c c o r d in g t o t h e in f o r m a tio n o f t h e B oard o f G o v ern o rs th e b o ard o f d i r e c t o r s o f t h e p a r t i c u l a r F e d e r a l r e s e r v e bank r e f e r r e d t o i n t h e a c t i o n ta k e n h a s n o t e l e c t e d a P r e s i d e n t f o r th e te rm b e g in n in g M arch 1 , 1936* I t i s th e o p in io n o f th e B oard o f G o v ern o rs t h a t th e a c t i o n ta k e n in t h i s m a tte r i s p re m a tu re an d t h e B oard h a s r e q u e s te d t h a t th e d i r e c t o r s o f t h e b an k b e s o a d v is e d . I t a p p e a rs a l s o t h a t a r e s o l u t i o n was a p p ro v e d c o n ta in in g a recom m endation t h a t b o th th e p e r s o n e l e c t e d ass r e p r e s e n t a t i v e and t h e p e rs o n e l e c t e d a© a l t e r n a t e b e l a IS aeh ln g tan at th e tim e o f m e e tin g # o f t h e F e d e r a l Open M ark et Com m ittee an d t h a t t h e a l t e r n a t e , i f th e p r i n c i p a l i s p r e s e n t , w i l l a c t m e re ly i n an a d v is o r y c a p a c ity * t h e B oard o f G overnor* h a s c a l l e d a t t e n t i o n t o t h e f a c t t h a t t h e F e d e r a l Open M ark et Com m ittee a s c r e a te d http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis I iifon i t ULU& W ^ I j V HHp H allp < l p p R B H Ip a B g a H B H IIH H B H Ia a R B H a a lH H H a B H M H IH a H H a H B B a a a H H il9 > Reproduced from the Unclassified I Declassified Holdings of the National Archives lr« J. B* Case - (£) fcy Congress acmeists solely of the aeahers of th* Board of Ckrfernors and the five representatives of Federal reserve banks sad that tho only function of an alternate m prescribed t@r tbs statute is to serve ia the absence of the representative for vhosi be is aa alter nate. Therefore, the Board of Governors has expressed tho opinion that it *as aot conteaplated by Congress that aa alternate should attend or participate in a Meeting of the Federal Open Market Ocm~ aittee except ia tho absence of the representative for whoa ho is the alternate* the Board will appreciate it if jroi will infor* the ae»~ hors of your hoard of directors promptly of tho contents of this letter* foiy truly years, (Signed) Chester Chestsr Morrill, Secretary. CM y d M o rm ) .Reproduced from the U nclassified I D eclassified H oldings of the N ational A rchives f February 19, U K S * Ir* $U I** J m a M m * Chairman, " Federal Reserve Bank of Philadelphia, F h H a d o X p h i a * Pennsylvania. Dear Hr* Austin* Hie Boerd of of has .f*eso#lvod infoneatioa f*tm on* tho Federal reiofvo bank* to til* affoot tfe&t tlw& boa**i of diret* tore of the bank, at a Meeting In February, %itanl^«jil^ eleoted .,., ...... .... ... .» President #f the Federal tesarve Bank of ___________________ , as & future# of the J*o4oxml O j m h 'Market Oowaiitt#** © t cetera. However, a#OOtfdiii§ to tho information of the Board of OoiroimoT# the board of directors of tho 'particular Fodoral reserve bank referred 'to In tho action taken ha* not o&oeted a frealdo&t for the t«S*w beginning March l t 1 9 W , It is the opinion of tha Board of Qdvor&ors that 'th# action taken in this nattor 1# p o m t l m m i «nd the 8oaf*d has requested that the di*,ect03?» of the bank bo so adviaed. It m p p m m also that a r e t o r t i o n m » approved contain* ing a reoowseadatlo** that botli t h e ■person eleoted a# riip?e#efjta» tive and th# person elected a* alternate be in Washington at the tine of meetings of the F e d o m l Open Market Committee and that tho alternate, if the priltoifai ti present, will act merely in ■ an advisory capacity* Board of Governors has called attention R eproduced from the U nclassified / D ecla ssified H oldings of the N ational A rchives - ( 2) -«3% a* w t.® the th a t the Federal O p m H*rk#i Co«fil t t e e as consists of th* »«abers of th« Bo&pi of Ckrrernor* and the f tu% of fjfrteftl ramr*** banks ami th a t tha only ftmetton of an # « rr* In m%m* by th e ** i» to abaanca of t a * rep ran eatatiT e i m whoa Jut i s m f it« m fo r« f the Board t f *&&&» has a*pr«ss©d tha ooinion that it was not oontanpimtwi by Con^rsa® tfc&t an «Xt#ra»ts ftiomli attend or fsariielfmt* In #f the Federal 0p«& Market aittee except i n the absence of tha w $ e N M ^ ir f c lw fos? he I* the a lte r n a te ^ The Board irtXl mppr^ta-tls it i f you will infors tha saabers o f yo XKt board of d i r e c t o r s of the content a of this letter* ?# fy tim lf CtHMrfca# i o r r i l l , , 8w & r«taiy* $X*y*f43* Reproduced from the Unclassified / Declassified Holdings of the National Archives M r, H# F . S t r & t e r , S e c r e t a r y , F e d e r a l R e se rv e Bank o f C le v e la n d , C le v e la n d , Ohio* D m t Mrf S tr & te r s The B oard hag n o te d t h e in f o r m a tio n i n j o u r l e t t e r o f Feb r u a r y ? t h a t t h e b o a rd o f d i r e c t o r s o f th e F e d e r a l R e s e rv e Bank o f C le v e la n d wa t i t s m e e tin g to d a y , u n a n ia o u e ly e l e c t e d Geo, W* H o r r i e , P r e s i d e n t o f t h e F e d e r a l R e se rv e Bank o f P h i l a d e l p h i a , a s a a e a b e r o f th e F e d e r a l Open M arket C o a u a itte e , t o r e p r e s e n t t h e F e d e r a l Re s e r v e Banks o f P h i l a d e l p h i a and C le v e la n d , an d a l s o e l e c t e d M, J* F l e a i n g , P r e s i d e n t o f t h e F e d e r a l R e se rv e Bank o f C le v e la n d , a l t e r n ate* ’, However, a c c o r d in g t o t h e in f o r m a tio n o f t h e B oard o f Gov e rn o r® , th e b o a rd o f d i r e c t o r s o f t h e F e d e r a l R e s e rv e Bank o f P h i l a d e l p h ia ha© n o t e l e c t e d a p r e s i d e n t f o r th e F e d e r a l R e se rv e Bank o f P h ila d e lp h i a f o r t h e te n s b e g in n in g M arch 1* I t i s t h e o p in io n o f t h e B oard o f G o v ern o rs t h a t th e a c t i o n ta k e n by t h e d ir e c to r ® o f y o u r bank i s p re m a tu re and t h e B oard d e s i r e s t h a t th e d ire c to rs * o f y o u r bank b e bo a d v ise d * I n y o u r l e t t e r you r e f e r r e d a l e o t o a r e s o l u t i o n u n a a i a o u s ly ap p ro v ed ty y o u r b o ard o f d ir e c to r © c o n t a in in g a reco iaaen d a t i o n t o th e b o a rd s o f d ir e c to r ® o f th e F e d e r a l R e s e rv e Banks o f P h i l a d e l p h i a and C le v e la n d t h a t t h e r e p r e s e n t a t i v e and a l t e r n a t e ic* ^^i) R eproduced from the U nclassified I D eclassified H oldings of the N ational A rchives Hr* H. y* gtr&tar (t) elected by tha« 1m in tha fe&eml at tha time of tfe* »a«tlii#a of Opan Haricot Cowtittaa and that th# altaws&ta* If the principal i» preaeRt* will a*st merely ia an adriaory tapaoi'^r# Th© £n4mml Open Market solely of the members Coogreaa coaaiate of the Board of OeTemora and tha fite rep resentative mi 'the Federal Of m *a ^rented % reserve books and tha only function alternate &a pr*ecrlb«d by the fttqglttt* 1®. to aerv* In the abaence of tho representative Iter whom ha in m *£%mm%#+ Therefor*, it ia tlia opinion of tha Board of U ® m m & m that it 'me not contemplated by Congress that an alternate ahotild attend or participate ia. a naating of tha federal % e n Market (kmmlttm# except in tha abewoee #f tha repreeeffitatiTe for who* ha i* ■tha a lta im te . Tha Board will *t|*pr®&iiit« it if you will inform tha aaabera of your board of 4tre&l*@r& 'promptly of tha content* of this latter. Vary truly yours, Cheater Morrill* S e c r e ta r y * CK yd Reproduced from the Unclassified I Declassified Holdings of the National Archives February 19, 1956* Mr, Frederic A* Delano, Deputy Chairman, Federal Reserve Bank of Richmond, Richaond, Virginia, Bear Mr* Delanoi Tha Board of Governors has received information from one of th© Federal reserve banka to the effect that the board of direc tors of the bank, at a meeting early In February, "unanimously elected * President of the Federal Reserve Bank of . as a member of the Federal Open Market Committee* et cetera* However, according to the Information of the Board of Governors the board of directors of the particular Federal reserve bank referred to In the action taken has not elected a President for the terra beginning March 1, 1956* It is the opinion of the Board of Governors that the action taken in this matter is premature and the Board has re quested that the directors of the bank be so advised. It appears also that a resolution was approved contain ing a recommendation that both the person elected as representa tive and the verson elected as alternate be in Washington at the time of meetings of the Federal Open Market Committee and that the alternate, if the principal is present, will act merely in an advisory capacity* The Board of Governors has called atten tion to the fact that the Federal Open Market Coamittee as created P ^ firn rju re d f t ' m the U nclassified / 'D'eolBSsTfied H o ld in g s of th e N ational A rchives | Up*■ feeder!© A. Betaaso «* It) \ I j j £ by Congress consist* mlmly of .the mmfamm of th* of Soveimorii and th* five representatives of Federal reserve banks aad th »i til® only fttnctioe #f aa mu prescribed by the It to Mf*» In the absence of the representative for # 10* he ■I# m alter** Hit#* Therefore* the Board of OoveriiOf1#- has expressed the opinion j that it was not contemplated by Congress that «a alternate ihoald j £ attend a$» participate In a neeting of the Federal Open Market Coa- j i I aittee except &» the absence of the representative for who* he 1# s the alternate, The Bomrd wilt i$pr©i&ate 1% if you nlXl i»fmm the a**~ j j her# of yoor boars! of 4fr*#tort prmtfbly #f the content# of thta I letter* * « r y t u t l s f y sm rt# te s te r io n ttl* Secretary. Ol ftgit FE B : f 1336 Of Reproduced from the Unclassified I Declassified Holdings of the National Archives F e b ru a ry 1 9 , 1356* Mr* W. H. Kettig, Deputy Chairman, Federal Reserve Bank of Atlanta, Atlanta,. Georgia* Bear Mr* Ketiigi The Board of Governors has received information from one of the Federal reserve banks to the effect that the board of direc tors of the bank, at a meeting early in February, "unanimously elected » President of the Federal Reserve Bank of * et cetera* as a member of the Federal Open Market Commit However, according to the information of the Board of Governors the board of directors of the particular Federal reserve bank referred to in the action taken has not elected a President for the term beginning March 1, 1956. It is the opinion of the Board of Governors that the action taken in this jaatter is premature and the Board has re quested that the directors of the bank be so advised* It appears also that a resolution was approved contain ing a recommendation that both the person elected as representa tive and the person elected as alternate be in Washington at the tiae of meetings of the Federal Open Market Committee and that the alternate, if the principal is present, will act merely in an advisory capacity. The Board of Governors has called atten tion to the fact that the Federal Open Market Committee as created Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. W, R. Kettig - (?) by Congress consists solely* of the members of the Board of Governors and the five representatives of Federal reserve banks and that the only function of an alternate as prescribed by the statute is to serve in the absence of the representative for who® he is an alter nate, Therefore, the Board of Governors has expressed the opinion that it was not contemplated by Congress that an alternate should attend or participate in a meeting of the Federal Open Market Com mittee except in the absence of the representative for ishoa he is the alternate* The Board will appreciate it if you will infora the ia®®~ bers of your board of directors promptly 6f the contents of this letter. Very truly yours, (Signed) Chester Morrill Chester H&rrill, Secretary* Reproduced from the Unclassified I Declassified Holdings of the National Archives 3 33 F e b ru a ry 1 9 , 1936# Mr, E* M, Stevens, Chairman, Federal Besarve Bank of Chicago, Chicago, Illinois* Dear Mr, Stevenst the Board of Governors has received Information from one of the Federal reserve banks to the effect that the board of direc tors of the bank, at a masting early in February, "unanimously elected , President of the Federal Reserve Bank of ..... , as a member of the Federal Open Market Committee* ©t cetera. However, according to the information of the Board of Governors the board of directors of the particular Federal reserve bank referred to in the action taken has not elected a President for the terra beginning March 1, 1956* It is the opinion of the Board of Governors that the ac tion taken in this matter Is premature and the Board has requested that the directors of the bank be so advised. It appears also that a resolution was approved contain ing a recommendation that both the person elected as representa tive and the person elected as alternate be in Washington at the time of meetings of the Federal Open Market Committee and that the alternate, if the principal is present, will act merely in an advisory capacity. The Board of Governors has called attention to the fact that the Federal Open Market Committee as created Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. E* M» Storea# - (z) lay Congress consists solely of the members of tho Board of Govoraors and tho five representatives of Fodoral r©serve banks and. that tho only function of an alternate as proscribed by tho statute is to serve in tho absenco of tho representative for whom he is an alter* nato* Therefore, tho Board of Governors ha# expressed the opinion that it was not contemplated by Congress that an alternate should attend or participate in a mooting of tho Fodoral Open Market Com mittee except in tho absence of tho representative for whom ho is tho alternate* Tho Board will appreciate it if you will inform tho membors of your board of directors promptly of tho contents of this letter# Very truly yours* (Signed) Chester Morrill Chester Morrill, S e c r e ta r y * CMfydtUT Reproduced from the Unclassified I Declassified Holdings of the National Archives J S' February X9f 1956* Mr* J* w4 T.ood, Chairman, Federal Reserve Bank of St* Louis, St* Louis, Missouri* Dear Mr* Wood: The Board of Governors has received information from on# of the Federal reserve banks to the effect that the board of direc tors of the bank, at a meeting early in February, “unanimously elected . President of the Federal Reserve Bank of * et cetera. &e & aeraber of the Federal Open Market Commit However, according to the information of the Board of Governors the board of directors of tho particular Federal reserve bank referred to In the action taken has not elected a President for the terra b ginning March 1, 1956* It is the opinion of the Board of Governors that the action taken in this matter is premature and the Board has re quested that the directors of the bank be so advised* It appears also that a resolution was approved contain ing a recommendation that both the person elected as representa tive and the person elected as alternate be in Washington at the time of meetings of the Federal Open Market Committee and that the alternate, if the principal is present, will act merely in an advisory capacity* The Board of Governors has called atten tion to the fact that the Federal Open Market Committee as created Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. J* S* Wood «• (2) by Congress consists solely of tbe members of the Board of Ckjvernors and the five representatives of Federal reserve banks and that th# only function of an alternate as prescribed by the statute is to serve in the absence of the representative for whom be is an alternate* Therefore, the Board of Governors has expressed th© opinion that it was not contemplated by Congress that an alterant# should attend or partici pate in a meeting of the Federal Open Market Committee except in th# absence of the representative for whom h# is the alternate* The Board will appreciate it if you will inform the members of your board of directors promptly of the contents of this letter* Very truly yours, Chester Morrill, Secretary* CMtydilf from the Unclassified I Declassified Holdings of the National Archives February 19, 19£6. Mr* <T« Peyton, Chairman, Federal Reserve Bank of Minneapolis, Minneapolis, Minnesota* Dear Mr* Peytoni The Board of Governor* hu received information from one of the federal reserve banks to the effect that the board of direc tors of the bank, at a meeting early in February, "unanimously elected ............ President of the Federal Reserve .Bank of .............. ,.* as a member of the Federal Open Market Commit tee* et cetera* However, according to the information of the Board of Governors the board of directors of the particular Federal reserve bank referred to in the action taken has not elected a President for the term beginning March lt 1926, It is the opinion of the Board of Governors that the action taken in this matter is premature and the Board has re quested that the directors of the bank be so advised* It appears also that a resolution was approved containing a recommendation that both the person elected as representa tive and the person elected as alternate be in Washington at the time of meetings of the Federal Open Market Committee and that the alternate, if the principal is present, will act merely in an advisory capacity, the Board of Governors has called atten tion to the fact that tha Federal Open Market Committee as created ............................................................................................... . Reproduced from the Unclassified I Declassified Holdings of the National Archives Hr* J* S* Feyton - (Z) by Congress consists solely of the members of the Board of Governors and the five representatives of Federal reserve banks and that the only” function of an alternate as prescribed by the statute is to serve in the absence of the representative for whom he is an alter nate# Therefore, the Board of Governors has expressed the opinion that It was not contemplated by Congress that an alternate should attend or participate in a meeting of the Federal Open Market Co»-* alttee except in the absence of the representative for whoa he is the alternate# The Board will appreciate it if you will inform the ®«m» bers of your board of directors promptly of the contents of this letter* ?ery truly yours, i'gnedj Chester Morrill Chester Morrill, Secretary# CMiyciilf. Reproduced from the Unclassified I Declassified Holdings of the National Archives February m , Hr. I* j* Thoaas, Chairman, Federal Kftaerve Bank of Kansas City, Kansas City, Missouri* Dear Hr. Tho*aa: Thu Board of Governors has received information froa one of th© Fadaral reserve banks to tha effect that tha board of directors of tha bank, at a seating early in February, "manlaou*3y elected . ......... at cetera. President o f tha Fadaral Reserve Bank of as a aaaber of tha Fadaral Opan Market Comdttaa* Bowrar, according to tha iafoxmttoa of tha Board of .^Ipfarnora tha board of directors of the particular Fadaral rasarf* bank referred to In the action taken has not elected a President for tha term beginning March 1, 1956. It la the opinion of the Board of Governor© that the action taken in this natter is preaature and tha Board .haa raqueeted that tha director# o f tha bank ba so advised* It appears also that a resolution was approved contain ing a reooaaend&tion that both tha parson elected as representa tive and tha person elected aa alternate ba in Washington at the tiae of Meetings of the Federal Open Market Comtlttee and that the alternate, i f th© principal is present, will act merely in an advisory capacity* The Board of Governors has called atten tion to the fact that the Fadaral Open Market Coaaittee as created Reproduced from the Unclassified I Declassified Holdings of the National Archives Hr* J. Thomas, Chairman * (.2) fcy Congress consists solely of the members of the Board o f Governors and the five representatives o f Federal reserve fetmJte and that the only function of an alternate as prescribed fcy the statute is to serve in the absence o f the representative for who* he is an alter nate* therefore, the Board of Governors has expressed the opinion that i t was not contemplated fcy Congress that an alternate should attend or participate is a Meeting o f the federal Open Market €on~ aittee except in the absence of the representative for whoa he is the alternate* The Board w ill appreciate i t i f you wi l l inform the aa*~ hers of your hoard o f directors promptly o f the contents o f this letter. fesry truly yours* (Signed) Chester Morrill Chester M orrill, Secrei&ry. O f yd LB /*? Ib36 . Reproduced from the Unclassified I Declassified Holdings of the National Archives 0 February 19, 1956. Hr* C* C# Wal#h, Chairaan, Federal Reserve Bank of Dallas, Balias, Texas. Dear Ur* Walsh; the %ard of □©▼©mors has reaeived information me trm of the Federal reserve banka to the effect that tha board of directors of tha bank, at a meeting early in February, •unani mously elected of . ..... et cetera, . . > President o f tha Federal Beserve Bank . » as & member o f the Federal Open Market Committee" However, according to the information o f the Board of Governors tha hoard of directors of the particular Federal reserve bunk referred to ia the action taken has not elected a President for the ter* beginning March 1, IM M * I t is the opinion o f the Board o f Governors that the sotion taken in this matter is premature and the Board, has re quested that the directors o f the bank be so advised. I t appears also thet a resolution urns approved contain ing a recommendation that both the person elected as repressatetive end the person elected as alternate be ia Washington at the time of meetings of the Federal 'Open Market Committee and that the alternate, i f the principal is present, w ill an advisory capacity. mt merely in The Board of (governors has called etteo- tioo to the fact that the Federal Opsn Market Committee as created Reproduced from the Unclassified I Declassified Holdings of the National Archives Hr* C* C. Walah - (* ) toy Congress consists solely o f the member* o f the Board of Governors end the five representatives o f federal reserve hanks and that the only function of an alternate as prescribed by the statute is to aerve in the absence o f the representative for who* he is an alter nate. Therefore, the Board o f Governors haa expressed the opinion th&t i t «aa not conteaplated by Congreaa that mi alternate should attend or participate ia a aeeting of the Federal Open Harket Co*rnittee except in the abaeoace o f the representative for wfco» he la the alternate* The Board w ill appreciate i t i f you w ill infor* the »eatbera o f your board o f director© promptly o f the content* of this letter* fery truly ycara# Cheater H orrill, Secretary* CM yd Reproduced from the Unclassified / Declassified Holdings of the National Archives February 19f 1958* Mr. Kalian I* Moore9 Deputy Chairaaa, Federal Reserve Bank of Sam Fr&ncisco, San Francisco, California* Dear Hr* Moor®: fha Board of Governors has received Inforaation froa one of tha Federal reserve banks to tha affaot that the board o f dire©~ tora of tha bank, at a aeeting early in February, "unaniaously elected . President o f the Federal Reserve Bank of * et cetera* as a aeaber of tha Federal Open Market Coaaittee* However, according to the information of the Board of Governors the board o f director! of the particular Federal reserve bank referred to in the action taken haa not elected a President for the tem beginning March 1, 1956* I t la the opinion of the Board of Governors that the action taken in this Matter la premature and the Board haa re quested that the directors o f the bank be no advised. I t appears also that a resolution was approved contain ing a recoaaendation that both the person., elected aa representa tive and the person elected as alternate be in Washington at the tine of aeetinga of the Federal Open Market Coaaitte© and that the alternate, i f the principal is prmmt, w ill act aarely in an advisory capacity# the Board of Governors has callad atten tion to the fact that the Federal Open Market Goaaittee as created Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. Walton 1* Moore * (I ) l5y Congress consists solely of the mm bora o f tho Board o f Governors and the five represent® t i ves of Fodoral rooorvo banks and that tho only function of an alternate as prescribed servt* in tho * l w m m of the by the statute le to representative for whon he is an alter nate, Therefore, tho Board o f Governors that i t waa not conteaplated by hm expressed tho opinion Co©gross that an alternate should attend or participate in a neeting o f tho Federal Qpm Market Co*- »itte e except in tho absence o f tho representative for who» ho Is tho alternate. The Board w ill appreciate i t i f you w ill infor* 1ihe softbora of your hoard of directors promptly o f tho content* of this .letter* Very truly youre, Chester Morrill, Secretary. CM yd m Reproduced from the Unclassified I Declassified Holdings of the National Archives FEDERAL RESERVE BANK OF DALLAS February 15, 1936 CH A IR M A N O F TH E B O A R D AND F E D E R A L R E S E R V E A G E N T RECEIVED FEDERAL R l P'-'RVE BOARD ....... ::,"T0!i O 0 1936 FFB 17 Board of Governors of the Federal Reserve System shington, D# C. Gentlemens ATTENTIONS PM I Mr. Chester Morrill, Secretary In accordance with the request contained in your ...__ _ letter of February 13, 1936, I have today forwarded to each ^^ ---------------------------- ------------------ ‘ f member of our board of directors a copy of Chairman Eccles* letter of February 13 to the Deputy Chairman of the Federal Reserve Bank of Minneapolis, and copies of the enclosures re ferred to therein relative to the representation of the Federal reserve banks on the Federal Open Market Committee to be con stituted after March 1, 1936* I am strongly in sympathy with the Board's views on this subject, and so are all members of our board of directors, as you doubtless observed from the resolution which they adopted on this subject at our regular board meeting held on January 7, 1936. Yours very truly, Federal Reserve Agent 42 Reproduced from the Unclassified I Declassified Holdings of the National Archives Fe d e r a l R e s e r v e B a n k of Ne w Yo r k February 14, 1936. Dear Mr. Morrill: We acknowledge with thanks the receipt of the Board’s letter of February 15 enclosing a copy of Chairman Eccles’ letter of February 13 to Mr. Homer P. Clark, Deputy Chairman of the Federal Reserve Bank of Minneapolis, together with a copy of the memorandum and a copy of the letter referred to therein, on the subject of the Board’s views with regard to the representation of the Federal reserve banks on the Federal Open Market Committee to be constituted after March 1, 1936. As authorized by the Board, we are bringing Chairman Eccles’ letter and its enclosures to the attention of our directors, copies of the correspondence having been forwarded today to each of them. Very truly yours, J. H. CASE Chairman. Mr. Chester Morrill, Secretary, Board of Governors of the Federal Reserve System, Washington, D. C. R e f^O cM fromthe U n d a te d f Declassified Holdings of the National Archives R e c a ll- .. « ’/ Fe d e r a l R e s e h \ts B a n k o f C ' ©36 frn iy ' ' 7 • Aif l e v e l a n d u’O^fio 33i>, ’ -ft-?' 9 25 v/ February 14, 1936 . V ,j •r <s Board o f Governors of the Federal Reserve System, Washington, D. C. Gentlemens In response to the request contained in the Board’ s l e t t e r of February 13, we — ......... have today forwarded to each director of this bank a copy of the correspondence re garding the Federal Open Market Committee to be constituted a f t e r March 1, 1936* Very tr u ly yours, Secretary* a ;- ; tw L Reproduced from the Unclassified I Declassified Holdings of the National Archives At \ FEDERAL RESERVE BANK OF C HICAG O ^t 230 SOUTH LA S A L L E 4 .- - & STREE' 3 3 3 February 14, 19S6 iFFICE O F T H E CHAIRMAN OF T HE B O A R D AND FEDERAL RESERVE AGENT FFDCn rIGARD 1956 FEB I'// Ml 9 Board of Governors of the Federal Reserve System Y«ashington, D. G. | 1 | first to tlemens Mr. Brodcri I have just received your letter of February 13, with M- M:: ^ ^■finclosures concerning the representative of the Federal Reserve N?. >$nks on the Federal Open Market Committee. I can advise you that V ■ V- Mr. C at'‘a joint meeting of the Boards of Directors of the St. Louis and •Vs: • V, '-d Mr, pi.-t.-i! * r" Mr,.. Pip* ti: • -..Chicago banks, held in Chicago on February 6, 1936, it was determined v/T -f. . y..that the member to be selected would be an officer of one of the 'Federal Reserve banks. >,.• However, I shall see to it that your letter and enclosures are brought to the attention of all the di^ctors of our bank at once. Very truly fo\ EMS HH §hf>K.C \ Reproduced from the Unclassified I Declassified Holdings of the National Archives i i .1 $ : ii j i February 15, 1956.* Hr. Frederic H. Curtiss, Chairman, Federal Reserve Beak of Boston, Boston, Massachusetts. Dear Hr. Curtias$ Because of the interest which the Board feels that the directors of your bank would have in learning its views in regard to the representation of the Federal reserve banks on the Federal Open Market Coaaittee to be constituted after March 1 , 1956, the Board has authorised me to send, you the inclosed copy *of f i d r iaa Eccles*.,.let- I ‘^ f / 5 4 ' ~ " terjof this date to Mr. Homer P. Clark, Deputy Chairman of the Federal Keserve Bank of Minneapolis, together with X 4 W X ^3/36 a copy of the memorandum/ and a copy of the letter referred to therein. 'It will be appreciated if you will bring these inclosures to the attention of all the directors of your bank at your earliest opportunity for their In formation, Very truly yours, Chester Morrill, Secretary. Inclosures. Reproduced from the Unclassified I Declassified Holdings of the National Archives February 15, 1956* Mr* J* K. Case, Chaiman, Federal leserve Bank o f Saw fork, lew I@rley N®W lork# Dear Hr* Case* Because of the interest which the Board feels that the directors of jour bank would have in learning Its views in regard to the representation of the Federal reserve banks on the Federal Open Market Conaittee to be constituted after March 1* 1056, the Board has authorized to sand you the inclosed copy o f Chairman Eccles1 let------— — — terJof this date to Mr. I qsmht ?* Clark, Deputy Chairman m of the Federal Reserve Bank of Minneapolis, together with a copy of the neaorandun tend a copy of the letter referred to herein# I t w ill be appreciated i f you w ill bring these in closures to the attention of a ll the directors of your bank at your earliest opportunity for their informa tion* Very truly yours, Chester Morrill, Secretary. /UK Incloaur®*. CM yd F t?tz=3 O ) d Y Reproduced from the Unclassified I Declassified Holdings of the National Archives February U 9 19S8. Mr* E* Austin* Oheirmft©* Federal Reserve Bazik o f Philadelphia* Philadelphia, Peanqylvauia. Dear Mr* Austins Because of tho iuterest which tha Board feels that tha directors of your bank mould have in learning its views in regard to tha representation of tho Federal reserve banka on the Federal Open Market Cosedttee to he constituted after March 1* 1916* the Board hae authorised mi to tend you the inolosed copy o f Chairmen Boole** le t;®y/§/3& "-------- — — — — ter/ o f this date to Mr* loser f . Clark, Deputy Chairman of the Federal Reserve Bank of Minneapolis* together with a oopy of th e mcmorandun land a oopy o f the letter re ferred to therein. I t w ill be appreciated i f you e ill bring these inelosure* to the attention o f a ll the direetors of your bank at your earliest opportunity for their information. Very truly yours* Chester Morrill* Secretary. Xneloeures. Reproduced from the Unclassified I Declassified Holdings of the National Archives Fobrutaiy 13, 1956 Iftp# B» S. Burk*, Jr., C\m\ 10011, Federal Reoerve Bank of Cleveland, Cleveland, Ohio* Dear Hr* Burkei Beeanoe o f the intereet which tho Board fools that tho direoiora of your beak would have in looming It* viewe in regard to tlso representation o f tho Federal reserve banke on tho Fodoral Opon Market Coanittoo to bo constituted after March l t 198S, tho Board has authorised to Mod you tho inclosed copy o f Chairnan Eoolee1 le t*— — — — — ------ terj o f tfeis data to Hr* Honor f * Clark, Deputy Chairoan m o f tho Fodoral Eooorm Bank of Minneapolis, together with f erred to therein* I t w ill bo appreciated i f you w ill bring thooo inoloouroa to tho attention of aH tho directori of your bank at your oarlioiit opportunity for their information. Very truly youije, Chester Morrill, Secretary# Inoloouroa, Reproduced from the Unclassified I Declassified Holdings of the National Archives February 15, 105$. Nr* Frederic A* Delano, Deputy Chairaan, F#deral R iiim Bank of Richmond, Richmond, Virginia, D*ar Hr# MU&qi Because of tb# la threat which th# Board feels that th# director® of your bank would bar# In learning lie vl#w« in regard to th# representation o f th# Federal r###nr# bank# on tb# F#deral Open Market Committee to b# constituted after March 1, 1986, tb# Board has authorised me to send you th# inclosed copy of Chairman Eccles* l#t~ tmltM this data to Hr* Homer F« Clark, Deputy Chairman of tb# Federal Reserve Bazik of Minneapolis* together with a copy of tb# memorandum/and a copy o f tb# X#tt#r re ferred to th#r#in. I t w ill be appreciated I f you w in taring tb### inclosur#s to th# attention o f a ll tb# direc tors of your beak at your earliost opportunity for tb#lr information* f#ry truly yours, Chester llo rrill, Secretary. Inolo#ur#s< CM yd C la J B ) V Reproduced from the Unclassified I Declassified Holdings of the National Archives Feim m x y 15, 1956. Mr* I# 8* Eettig, Deputy Chairman, Federal Raaarfe Bank of Atlanta, Atlanta, Georgia, Bear Mr* Kettigs Because o f the interact which the Board feela that tha director® o f your bank would have in learning ita views in regard to the representation of tha Federal reserve banka on the Federal Open Market Coaadttee to ba cocatituted after March 1, 1936, tlie Board has authorised m to send you the inclosed oopy o f Chalrnan Eccles* lo t ted o^^tils date to Mr* Boner F, Clark, Deputy Chairman of the Federal Baaerre Bank of Minneapolis, together with a eopy of the aanorandunf and a copy o f the letter referred to therein* I t w ill ba appreciated i f you w ill bring these inclosures to tha attention o f a ll the directors of your bank at your earliest opportunity for their in formation* ?ery truly youre, Cheater Morrill, Secretary* Incloaurea. Reproduced from the Unclassified I Declassified Holdings of the National Archives a Februaiy 15, 1956 Mr* I* M« Stevens, Chaims, Federal Reserve Beak o f Chicago, Chicago, Illin o is. Dear Mr. Steveas: Because o f the interest which the Board feels that the directors of /our bank would have in learning its views .in regard to the representation of the Federal reserve banks on the Federal Open Market Co*«ittee to be constituted after March 1, 1956, 'the Board has authorised ee to send you the inclosed copy of Chairman Eccles1 let* •#**jt / ;'y*» ter iof this date to Mr, Hotter ?* Clark, D e p u ty Chairman of the Federal Eeserve Bank of Minneapolis# together with a copy of the mamorandg§Aaad a copy o f the letter re ferred to therein* I t w ill be appreciated i f you w ill bring these inclosures to the attention of a ll the direc tors of your bunk at your earliest opportunity for their information. Very truly yours, Chester Morrill, Secrdtaiy* Inclosures Reproduced from the Unclassified I Declassified Holdings of the National Archives February 18, 1956* Mr* J. S. food, Chairman, Federal Reserve .Bank of St* Louie, St. Louie, Missouri* Dear Mr* Hood; Because of tlie interest which the Board feels that the directors of your beak would have ia learning its views in regard to the representation of the Federal reserve banks on the Federal Open Market Committee to be constituted after March 1, 1956, the Board has authorised me to send you the inclosed copy of Chairman Eccles* let* ter; of this date to Mr* Homer P* Clark, Deputy Chairman of the Federal Reserve Bank,,of Minneapolis, together with a copy of the memorandumand a copy of the letter referred to therein* It w ill be appreciated i f you w ill bring these ineloeuree to the attention of a ll the direc tors of your bank at your earliest opportunity for their information* Very truly yours, Chester Morrill, Secretary* Inclosures* CM yd Reproduced from the Unclassified I Declassified Holdings of the National Archives *5;;s ,;;s. " February IS, 19S6. Mr. J. J, Thomas, Chairman, Federal Reserve Bank of Kansas City, Kansas City, Missouri. Bear Mr* Thoaas: Because of the interest whieh tha Board feels that the directors of your bank would have la learning its views in regard to the representation of the Federal reserve banks on the Federal Open Market CoNalttee to be constituted after March 19 1956, the Board has authorized me to send you the inclosed copy of Ch&inaan Eccles* le tterjof this date to Mr* inner P* Clark, Deputy CJmiraaa of the Federal Reserve Bank of Minneapolis, together with a copy of the nenorandu»| and a oopy o f the letter re ferred to therein. I t w ill be appreciated i f you w ill bring these inclosures to the attention of a ll the direc tors of your bank at your earliest opportunity for their inforaation* Very truly youre, Chester M orrill, ^355-Jl. Inclosures. CM yd ’A ’h t, Reproduced from the Unclassified I Declassified Holdings of the National Archives February IS, 1956 Mr, C. C* Walsh, Chairaan, Fedsral Keserre Bank of Dallas, Dallas, Texas* Bear Mr* Walsh: Because of the Interest which the Board feels that the directors of your bank would have In learning its views in regard to the representation o f the Federal reserve banks on the Federal Open Market Cooalttee to be constituted after March 1, 1936, the Board has authorized m to send you the inclosed copy of Chalrmn Socles * le tdate to Mr* Ho»er P* Clark, Deputy Chairaaa of the Federal Reserve Bank of Minneapolis, together with a copy of the ne*ora»du»Jand a copy of the letter re ferred to therein. It w ill be appreciated i f you w ill bring these inolosures to the attention of a ll the direc tors of your bank at your earliest opportunity for their inforaation* Very truly yours, Chester Morrill Secretary, Incloeur**, Reproduced from the Unclassified I Declassified Holdings of the National Archives February 15, 1956 Mr* Walton N. Moor*, Deputy Chairman, Federal Reserve Bank of San Francisco, San Francisco, California, Dear Hr* Moore: Because of the interest which the Board feels that the directors of your bank would have in learning its views in regard to the representation o f the Federal reserve banks on the Federal Open Market Committee to be constituted after March 1, 1956, the Board has authorised m to send you the inclosed copy of Chairman Eccles* let- ter of this date to Mr* Homer P. Clark, Deputy Chairman of the Federal Reserve Bank of Minneapolis, together with & copy of the mc^randumjand a copy of the letter re ferred to therein. I t w ill be appreciated i f you w ill bring these inclosures to the attention o f a ll the direc* tore of your bank at your earliest opportunity for their information* Very truly yours, Chester Morrill, Secretary, Inclosures* Reproduced from the Unclassified / Declassified Holdings of the National Archives % I M A February 18, 1986, Mr* Honer F# Clark, Deputy Chairman, Federal Reserve Bank of Minneapolis Minneapolis, Minnesota* Beer Hr* Clark: III accordance with your requeet m&dm dur ing qy conversation with you and Mr* Grangaard recently In Vfaahington regarding the selection of repreaentativea of tha fadaral reserve banks on tha Fadaral Opan Market Coaeittee t© ba conatituted after March I, 1956, there .la inclosed herewith a oopy o f a atei^raDdua tsaniainiag the view® of tha Board o f Governors cm this aubjeot, which the Board haa authorised ae to send to you* tbmrf la al®o incloaed & oopy m w of a letter lahich X'hawlftPceived fr «* one of tha Federal reserve banka stating the views of its director©* It wiU ba appreciated i f you w ill bring thaaa incloeuren to the attention, of a ll tha directors of tha Fadaral Reaerve Bank of Minneapolii at your earlieat opportunity for thair Information and eonaideration* Very truly youra, M* S. Eccles, UllftXZlMISa Incloauraa* fS ,• : n .i n tl Reproduced from the Unclassified I Declassified Holdings of the National Archives 1 ^ 5 3 #3.2. X-9492 REPRESENTATIVES OF THE FEDERAL RESERVE BANKS UPON THE FEDERAL OPEN MARKET COMMITTEE r j ^ F69 1 3 1938 forded The Board of Governors of the Federal Reserve System has been asked by certain officers and directors of Federal Reserve banks for an informal expression of its views as to whether under section 12A of the Federal Reserve Act (providing that the Federal Open Market Committee "shall consist of the members of the Board of Governors of the Federal Reserve System and five representatives of the Federal Re serve banks, to be selected as hereinafter provided”) representatives of the Federal Reserve banks may be selected outside of the executive personnel of the Federal Reserve banks to serve on the Open Market Committee. A comprehensive review of the historical development of the Committee and of all available sources reflecting the legislative intent when the section was enacted and the purposes sought to be achieved clearly demonstrates that Selection of representatives by the Federal Reserve banks from the ranks of banking, industry or com merce would constitute a flagrant violation of what Congress intended. Realization of the importance and effect of open-market operations upon the national credit structure resulted in a gradual development of methods of control or coordination of activities cul minating in the "Open Market Committee” created by section 12A of the Fedefal Reserve Act as revised effective March 1, 1936. This develop ment is best reflected by a chronological listing of the various com mittees and bodies created for such purpose as follows: 1, "Committee of Governors on Centralized Execu tion of Purchases and Sales of Government Securities" This committee was composed of five governors of Federal Reserve banks and functioned from May 1922 to April 7, 1923. 2. "Open Market Investment Committee" - This committee was created on April 7, 1923 as a result of resolution passed l?y the Federal Resorve Board on March 22, 1923 from which time open-rnarket operations were not engaged in by the Federal Reserve banks ex cept with the approval of the Federal Reserve Board. It was composed of five governors of Federal Reserve banks and functioned until March 31, 1930. 3. "Open Market Policy Conference" - This com mittee was created as the result of conferences by Reproduced from the Unclassified I Declassified Holdings of the National Archives / -2- representatives of with the Board for policies and plans It was composed of eral Reserve banks of the Banking Act X-9492 the 12 Federal Reserve banks . the purpose of recommending regarding open-market operations. the twelve governors of the Fed and functioned until the passage of 1933. 4. ’’Federal Open Market Committee" - This committee was created on June 16, 1933, by the Banking Act of 1933 and was composed of the twelve governors of the Federal Reserve banks. 5. ’’Federal Open Market Committee” - As provided in section 12A of the Federal Reserve Act as now in force, creating a committee consisting of "The Board of Governors of the Federal Reserve System and five representatives of the Federal Re serve banks”. At no time throughout the history of the Federal Reserve System have open-market operations been conducted by other than executive officials of the Federal Reserve banks, their actions being subject to approval of the Federal Reserve Board, all such executives as well as Board members being full-time officials who were required by established practice or by law to discontinue all active partici pation in outside business. The issue as to whether representatives of private enter prise should serve upon a public body created for the purpose of dis charging such responsibilities in the public interest seems to have been, met and settled in the original enactment of the Federal Reserve Act when banker representation was forcefully argued and as force fully denied both by Congress and by the President. Senator Glass, in his authoritative book on the Federal Re serve System, entitled "An Adventure in Constructive Finance”, de scribed how a committee of bankers visited President Wilson and sought to persuade him to agree to banker representation on the Fed eral Reserve Board. Senator Glass wrote: ’’When thoy had ended their arguments Mr. Wilson, turning more particularly to Forgan and Wade, said quietly: tWill one of you gentlemen tell me in what civilized country of the earth there are important government boards of control Reproduced from the Unclassified I Declassified Holdings of the National Archives — i ”’on which private interests are represented?’ There was painful silence for the longest single moment I ever spentj and before it was broken Mr. Wilson further inquired: ’Which of you gentlemen thinks the railroads should se lect members of the Interstate Commerce Commission?’ There could be no convincing reply to either question, so the discussion turned to other points of the currency bill; and, notwithstanding a desperate effort was made in the Senate to give the banks minority representation on the reserve board, the proposition did not prevail.” At the time of revision of Section 12A by the Banking Act of 1935, the issue was whether the primary initiative and responsi bility for open-market operations should be fixed exclusively in the Board of Governors of the Federal Reserve System as then being set up, or left in a committee consisting exclusively of the then Governors of the Federal Reserve Banks, or committed to a combination of both, and at no stage in the development of the legislation was it contem plated by any of those actively interested therein, irrespective of differing viewpoints, that the responsibility should be shifted to or shared with those outside of the official executives of the banks and members of the Board. The bill, as introduced and passed in the House (H.R. 7617), definitely fixed such responsibility in the Federal Reserve Board. In Congressman Steagall's report upon the bill the following was stated: "Under the present lav/, open-market policies are formulated by the Federal Open Market Committee, which consists of the governors of the 12 Federal Reserve banks." After explaining that the proposed bill would place the primary responsibility in the Board, his report continued: ’’The participation of Federal Reserve banks governors in the deliberations leading to the adoption of open-market policies will be preserved. Open market operations may be initiated either by the committee of governors or by the Board, but the ultimate responsi bility for making a final decision and the power for adopting and carrying out national policies will be con centrated in a national body, as they properly should be in the public interest.” Reproduced from the Unclassified I Declassified Holdings of the National Archives -4- / X-9492 The bill was amended in the Senate to provide for the creation of a "Federal Open Market Committee" consisting of the mem bers of the Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banks to be selected annually, but throughout the discussion it is evident that although the word "representatives" was used in place of "Presidents", to which the titles of "Governors" were changed by the Senate Committee, there was no intention of altering the original meaning and purpose to confine representation to members of the Board and executives of the banks. During the consideration of the Banking Act of 1935 by the Banking and Currency Committees in both the House and the Senate, many distinguished bankers appeared before one or both of the Commit tees and expressed a unanimity of opinion that Governors of the Fed eral Reserve banks should be members of the Open Market Committee. The very fact that they so testified is indicative of the fact that the issue at stake in the pending legislation was whether or not re sponsibility for this important function should be vested in the Gov ernors of the Federal Reserve banks or in the Federal Reserve Board. It appears that these witnesses never had in mind a selection of representatives of Federal Reserve banks from other than Governors or other executive officers of the Federal Reserve banks. The recommendation of the special committee of the American Bankers Association was "that the Open Market Committee shall consist of the entire Federal Reserve Board, (reduced to five members), and four Governors of the Federal Reserve banks, selected by the Governors of the twelve Federal Reserve banks annually." The recommendation of the Federal Advisory Council was that "The Federal Open Market Coinmittee shall consist of the five members of the Federal Reserve Board (reduced in membership) and four Gover nors of the Federal Reserve banks." The Commission on Banking Law and Practice of the Associa tion of Reserve City Bankers in its "Summary of Arguments on Title II of the Banking Act of 1935" clearly recognized that the only point of difference was in whether the power to determine the open market policy of the Federal Reserve System was to be in the Federal Reserve Board or in a committee, as then constituted, of Governors of the Federal Reserve banks. The Committee on Banking Legislation of the Chamber of Com merce of the United States, in an analysis and report filed with the sub-committee of the Senate Committee on Banking and Currency, recoaimended "that open market policies should continue, as at present, to be formulated by a committee representing the twelve Federal Reproduced from the Unclassified / Declassified Holdings of the National Archives -5- X-9492 Reserve banks." The Committee as then constituted was composed of the twelve Governors of the Federal Reserve banks * The legislative policy with respect to outside domination or influence in the administration of the Federal Reserve Act is il lustrated by section 10 of the Act, wherein it is provided that th# members of the Board shall devote their entire time to its business and that "No member of the Board of Governors of the Federal Reserve System shall be an officer or director of any bank, banking institu tion, trust company, or Federal Reserve bank or hold stock in any bank, banking institution, or trust company#" It is hardly conceiv able that Congress, in setting up an administrative body to control and supervise credit, should zealously strive to insure that body's immunity from outside banking influence and then assign an important power over credit to a committee, five of whose 12 members could re tain their private connections with outside business or banking. It is self-evident that in order to render efficient serv ice on the Open Market Committee a member must be in constant touch with the operations of the Reserve banks and have a continuing know ledge of the condition of the member banks, of the trends in loans and deposits, of the fluctuations in interest rates and of the money market and credit situation generally. Regardless of his ability, an outsider, engrossed as he would be most of the time in his own affairs, could not establish and maintain that interest and knowledge necessary to discharge properly his duties as a member of the Committee. In evitably his attitude would not in the very nature of the case be truly representative of the Federal Reserve banks* It is only human nature that a person engaged in an enterprise for profit would be primarily concerned with the administration of that enterprise# Frequently, it might become the duty of such member to move in the direction opposite from that which would be advantageous to his private interests. Wheth er or not members finding themselves in that position could subordi nate their private interests to the general public interest which the Open Market Committee is intehded to subserve, it would be unfair to place any member of that Committee in the enbarrassing position of being required to make such choices. Such a relation to the System would tend seriously to impair the efficiency and prestige of the direc tors and officers of the Reserve banks and produce at times confusion and embarrassment. Members of the Committee are in a sense the trustees of the credit policy of the nation and, like trustees, they should not be in the attitude of purchasing from or selling to themselves. Such trus tees must be scrupulous to place themselves beyond reproach and above suspicion. The prestige, and indeed the preservation of the Federal Reserve System, depend upon it. Reproduced from the Unclassified I Declassified Holdings of the National Archives i,™ 533-3 i TKgsnJ**- ~OARD OF GOVERNORS OF THE * FE D E R A L RESERVE SYSTEM Office C o r r e s p o n d e n c e To Board, of Governors From ^r* J^reibelbis Date February n , i &so Subject: ^ __ ___ ___ Attached hereto is seven copies of a memorandum upon the subject of representation of the Federal Reserve banks upon the Federal Open iuarket Committee. Respectfully submitted, J. P. Dreibelbis, Assistant General Counsel. Reproduced from the Unclassified I Declassified Holdings of the National Archives REPRESENTATIVES OP THE FED13RAL RESERVE BAFKS UPCIf THE FBD.1SRAL OPEN 1.1ARKET GOI'2 ITTEE Some question 3ms arisen with respeot to t he composition of personnel of the Federal Open llarket Coinmittee as created by section 12& of the Federal Reserve Act* This section provides that the committee shall consist of "The members of the Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banks, to be selected as hereinafter provided”* The immediate question is whether the five or any of the five representatives of the Federal Reserve banks may be selected outside of the official personnel of the Federal Reserve banks selecting such representatives* Section 12A does not in precise terms set out requirements in this respect but a review of the historical development of the com mittee and a review of such sources as are available reflecting the legislative intent when the section was enacted and the purposes sought to be achieved will clearly demonstrate that, irrespective of any am biguity in the letter of the act, selection of representatives by the Federal Reserve banks from the ranks of banking, industry or commerce would constitute a flagrant violation of what Congress intended and might v/ell be calculated to defeat its very purpose* Realization of the importance and effect of open-market oper ations upon the national credit structure commencing in 1920 and 1921 lias resulted in the gradual development of methods of control or coor dination of activities and has finally culminated in the "Open Llarket Cornirittee11 created by section 12A of the Federal Reserve Act as revised effective March 1, 1936* This development is best reflected by a chron ological listing of the various committees and bodies created for such purpose as follows: 1. "Committee of Governors on Centralized Execution of Purchases and Sales of Government Securities” - This com mittee was composed of five governors of Federal Reserve banks and functioned from May 1922 to April 7, 1923* 2* n0pen Market Investment Committee” - This com mittee was created on April 7, 1923 as a result of resolxrfcion passed by the Federal Reserve Board on IvSarch 22, 1923 from which time open-market operations were not engaged in by the Federal Reserve banks except with the approval of the Federal Reserve Board. It as composed of five governors of Federal Reserve banks and functioned until March 31, 1930* Reproduced from the Unclassified I Declassified Holdings of the National Archives - 2 - 3* ’’Open Market policy Conference” - This committee was created as the result of conferences by rep resentati'ves of the 12 Federal Re servo banks with the Board for the purpose of recommending policies and plans regarding open-market opera tions* It was composed of the twelve governors of the Federal Reserve banks and functioned until the passage of the Banking Act of 1933* 4* ’’Federal Open Karket Committee” - This committee was created on June 16, 1933 by the Banking Act of 1933 and was composed of the twelve governors of the Federal Reserve banks • 5* "Federal Open Karket Committee” - As provided in section 12A of the Federal Reserve Act as now in force, pro viding for a committee consisting of MThe Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banksn* Thus, the Federal Reserve banks or the Federal Reserve banks with the approval of the Federal Reserve Board, have formulated all pol icies and directed all open-market operations since the necessity there for arose* At no time have the committees been composed of others than officials of Federal Reservo banks* Indeed,, the issue as to whether private enterprise should be represented in a,,body created for the pur pose of regulating and supervising such interests seems to have been met and settled in the original enactment of the Federal Reserve Act when banker representation was so forcefully argued and so forcefully denied both by Congress and the President* this interesting period in the history of the Federal Reserve System is graphically related in the following passage from Senator Glass1 book entitled "An Adventure in Constructive Finance": “These great bankers, arbiters for years of the country*s credits, were grouped about the President’s desk in the Executive office adjoining the Cabinet room* I sat outside the circle, having already voiced ray own dissent from the President* s attitude* President v:ilson faced the group across the desk; and as these men drove home what seemed to me good reason after good reason for banker representation on the central board, I actually experienced a sense of re gret that I had a part in subjecting Sir* v/ilson to such an ordeal# "Yhen they had ended their argument s Hr* Til son, turning more particularly to Forgan and Wade, said quietly: Repsdtfcedlrom the Undassifiefl t Declassified Hofdtagsofthe National Archives - 3 - 'Will one of you gentlemen tell me in what civilized country of the earth there are important government boards of con trol on which private interests are represented?1 There was painful silence for the longest single moment I ever spent; and before it was broken Mr* Wilson further inquired: ’Which of you gentlemen thinks the railroads should select members of the Interstate Commerce Commission?1 There could be no convincing reply to either question, so the discussion turned to other points of the currency bill; and, notwithstanding a desperate effort -was made in the Senate to give the banks mi nority representation on the reserve board, the proposition did not prevail •** These facts were before Congress when section 12A was enacted* At the time of the revision of section 12A by the Banking Act of 1935, the importance of open-market operations as an instrument of credit control was conceded. Indeed, it was recognized as one of the most, if not the most, important of such instruments* Likewise, it was conceded that responsibility for the formulation and execution of such policy should be coventrated in one body* All previous committees had been composed of^orficers of the various Federal Reserve banks* The whole issue was whether that responsibility should be fixed in the Board of Governors of the Federal Reserve System as then being set up or in the Federal Reserve banks* The bill, as introduced and passed in the House (H.R.7617), definitely fixed such responsibility upon the Federal Beserve Board* In Congressman SteagalPs report upon the bill the following was stated; “Under the present law, open-market policies are formulated by the Federal Open Market Committee, which con sists of the governors of the 12 Federal Reserve banks* The recommendations of the committee are subject to the approval of the Federal Reserve Board, and the boards of directors of each Federal Reserve bank retain the authority to refuse par ticipation in the policy adopted. We have, therefore, an arrangement by whioh there is a policy-making body of 12, which has power to formulate policies, but not to put them into effect. Y/e have the Federal Reserve Board, consisting of 8 members, who have the avvfchority to approve or disapprove of the recommendations of the committee; and we have 108 di rectors of the Reserve banks, who have the final determination as to whether the policy is to be carried out or not* It would be difficult to conceive of an arrangement better cal culated than this for diffusing responsibility and creating an elaborate system of obstructions* Repn^Ud^l fmrn me DiKMMM/DBOMBd HoWtagsofthe National Archives - 4 - **The amendment will cure this situation by placing responsibility for national monetary and credit policies squarely upon the Federal Reserve Board. It will eliminate conflicts of jurisdiction and policy because the final de cision as to all matters affecting national policies would be vested in the Federal Reserve Board* The participation of Federal Reserve bank governors in the deliberations lead ing to the adoption of open-market policies will be preserved* Open-market operations may be initiated either by the committee of the governors or by the Board, but the ultimate responsibil ity for making a final decision and the power for adopting and carrying out national policies will be concentrated in a na tional body, as they properly should be in the public interest *tt The bill was amended in the Senate to provide for the creation of a "Federal Open Market Committee** consisting of the members of the Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banks to be selected annually* In conference the present section 12A was agreed to* Thus it is clear that the provision for the selection of"five representatives of the Federal Reserve banks® represented a compromise between fixing responsibility in the Board and fixing responsibility in the banks by fixing responsibility in a body composed of the Board and representatives of the banks* This is b o m e out by the following remarks of Senator Glass made when the bill, as amended by the Banking and Currency Committee of the Senate, was reported to the Senate:: "As I have said, in order to produce a bill, in order to harmonize radical differences, concessions, even yielding of convictions, had to be made, so it was finally determined to constitute the open-market committee of the 7 members of the Federal Reserve Board and 5 representatives of the Federal Reserve banks* The Federal Reserve banks, which are the trustees of the reserve funds of all the mem ber banks of the country, are graciously given this minority representation upon the open-market committee* **Some of us were opposed to any alteration of the existing arrangement* Others thought that the representatives of the banks, whose money is to be used, whose credit is to be put in jeopardy, should have control of the committee and should have the majority representation* But in order to re concile bitter differences there was yielding, and we have now proposed an open-market committee composed of all 7 members^ of the Federal Reserve Board and 5 representatives of the regional reserve banks*tt During the consideration of the Bonking Act of 1935 by the Banking and Currency Committees in both the House and the Senate, many distinguished bankers appeared before one or both of the Committees and among them there seemed to be e unanimity of opinion that “Governors” of the Federal Reserve banks should be members of the Open llarket Com mittee* The very fact that they so testified is indicative of the fact that the sole issue at stake in the pending legislation vfas whether or not control of this important function should be vested in the “Governors11 of the- Federal Reserve banks or in the Federal Beserve Board* It &©es~ »©%• appear-1that these witnesses/fever had in mind a selection of repre sentatives of Federal Reserve banks from other than “Governors” or others* officers from the official personnel of the Federal Reserve banks* The recommendation of the special committee of ijn.er5.can Bankers Association was “that the Open ilarket Committee shall consist of the entire Federal Reserve Board, (reduced to five members), and four Gov ernors of the Federal Reserve banks, selected by the Governors of the twelve Federal Reserve banks annually”• The recommendation of the Federal Advisory Committee m s that “The Federal Open Ilarket Committee shall consist of the fivo members of the Federal Reserve Board (reduced in membership) and four Governors of the Federal Reserve banks". i'he Commission on Banking Law and Practice of tho Association of Reserve City Bankers in its “Summary of Arguments on Title II of the Banking Act of 1935“ clearly recognized that the only point of difference •was in whether the power to determine the open market policy of the Fed eral Reserve System was to be in the Federal Reserve Board or in a com mittee, as then constituted, of Governors of the Federal Reserve banks* The Committee on Banking Legislation of the Chamber of Commerce of the United States, in an analysis and report filed with the sub-committee of the Senate Committee on Banking and Currency, recommended “that open market policies should continue, as at present, to be formulated by a committee representing the twelve Federal Reserve banks”* The Committee as then constituted was composed of the twelve Governors of the Federal Reserve banks* In this connection it may be well to point out that Congress in providing that the committee should consist of “the members of the Board of Governors of the Federal Reserve System and five representatives of the Federal Reserve banks”, also provided that such representatives of the banks should be elected, one by the boards of directors of the Feder al Reserve Banks of Boston and Hew York, one by the boards of directors of the Federal Reserve Banks of Philadelphia and Cleveland, one by the boards of directors of the Federal Reserve Banks of Chicago and St*Louis, R educed trom the Unclassffted / Declassified Holdings of the National Archives - 6 - one by the boards of directors of the Federal Reserve Banks or Richmond, Atlanta and Dallas and one by the boards of directors of the Federal Re serve Banks of Minneapolis, Kansas City and San Francisco* Obviously, it was not the intention to concentrate the powers therein conferred in other than a national body or to alter the responsibility to conduct operations other than within the governing principles as laid down in the act. The purpose was to meet the demands of those who thought that responsibility for operations should be in the banks rather than in the Board and to provide a method whereby the committee as a whole would be able to present a composite picture of the needs of commerce and business with respect to the general credit situation of the entire country* Con sequently, the section should be interpreted as providing for the select ion of five members of the committee from ^representatives of the Federal Reserve banks **, that is to say, from the already designated representa tives of the Federal Reserve banks so acting at the time of their election to membership upon the committee* By the same reasoning that would per mit Federal Reserve banks to select, as a member of the committee, a re presentative not already a designated representative of the Federal Re serve banks, they could elect representatives from points outside their respective districts and conceivably each designated group of Federal Reserve banks could select as a representative and as a member of the committee a director and officer of a large city commercial bank and con ceivably the committee could be composed of the seven members of the Board of Governors of the Federal Reserve System and five officers or directors of one large city bank# The legislative policy with respect to outside domination or influence in the administration of the Federal Reserve Act is illus trated by section 10 of the Act, wherein it is provided that "No member of the Board of Governors of the Federal Reserve System shall be an officer or director of any bank, banking institution, trust company, or Federal Reserve bank or hold stock in any bank, banking institution, or trust company”• True, this section applies only to the members of the Board of Governors, but it is hardly conceivable that Congress, in set ting up an administrative body to control and supervise credit, should so zealously provide for its freedom of action by and large and then delegate perhaps the most important function to a committee, five-twelfths of which could possibly represent private interests as opposed to the na tional interest* Such a construction of section 12A would certainly be strained in the light of the true intent of Congress and, as the same is susceptible of a construction giving effect to the real intent, such construction should be placed upon it# Added to this is the very significant fact that section 12A as revised by the Banking Aot of 1935 took away from the Federal Reserve banks the power of declining to participate in open-market operations recommended by the Committee* At the same time, however, it provided for representatives of the banks to be upon the Committee* Clearly Reprtiducecl from theUnelassifW f Declassified Holdings of the National Archives - 7 - Congress would not and did not undertake to provide for representation of the Federal Reserve banks by making it possible for such representa tion to come from sources wholly outside of the banks# In addition, it is to be noted that in the only case, in con nection with the Federal Reserve System where Congress has provided for a body, the personnel of which is selected from sources outside of the official personnel of Federal Reserve banks, to wit: the Federal Advisory Council, it, at the same time has provided for the compensation and allow ance of the Council members* In connection with the Federal Open Market Committee, however, no provision whatever is made for the payment of com pensation to or expenses of the members* Had Congress intended that members could be selected from sources outside tlie official personnel of the Federal Reserve banks, it no doubt would have made provision for pay ment of compensation to and the expenses of such members* Further, it is significant that Title II of the Banking Act of 1935 became effective August 23, 1935, except that section 203 provided for the appointment of a Board of Governors of the Federal Reserve System effective February 1, 1936, and sections 201 and 205 were enacted effect ive March 1, 1936* Section 201 amends paragraph "Fifth” of section 4 of the Federal Reserve Act so as to authorize a Federal Reserve bank nTo appoint by its board of directors a president, vice-president, etc*" Section 205 amends section 12A of the Federal Reserve Act and creates the Federal Open Market Committee effective March 1, 1936* The fact that these sections were enacted effective upon the same date would indicate that the five representatives of the Federal Reserve banks were to be selected from among the "Presidents” of the Federal Reserve banks* Aside from the legal aspect of the situation, there is the fact that there now exists a well-defined and long-established policy outlined by the Board and concurred in by the banks recognizing and seek ing to avoid the embarrassment resulting from affiliation with outside business interests of officers and employees of Federal Reserve banks, and even of directors when their status as directors might be considered as being used to further their private interests* In 1919 the Board addressed a letter to all governors of the Federal Reserve banks saying, among other things, "While the Board does not assume any jurisdiction over the business affiliates of any director of a Federal Reserve bank except insofar as such connections may affect his qualifications as prescribed in section 4 of the Federal Reserve Act, it has always entertained the view that no director of officer of a Federal Reserve bank should permit his connection with the bank to be used in furthering his private business or the interest of any corpor ation with which he may be associated*" Reproduced from t Declassified Holdings of the National Archives - 8 - In 1924 the Board directed a letter to the chairman of all Federal Reserve banks, wherein it was stated, “There appears to be no provision of lav/ which would prohibit an officer of a Federal Reserve bank from forning an outside connection with a business concern of any kind, but the Federal Reserve Board believes it will be as obvious to the Federal Reserve banks as it is to itself that the good conduct and reputation of the Federal Reserve System require that the officers of the reserve banks shall give their entire time and attention to the af fairs of the bank and not be identified with any outside business in terests1*• The views expressed in this action were apparently concurred in by the officers and directors of the Federal Reserve banks. The duties of a member of the Open Market Committee in connec tion with the formulating and fixing of open-market policies comes peculiarly within the logic of the above letters outlining policy in connection with Federal Reserve bank personnel and the reasons upon which the aforesaid letters were based, which reasons were and are ap parently concurred in by all of the Federal Reserve banks, apply with even greater force to a member of the Open Market Committee. From the outset open-market operations have been an important function of the Reserve banks and within the last few years they have become a major responsibility of the System. The new Committee has been invested with broad powers and from its decisions and orders there is no appeal. It follows, therefore, that to render efficient service on the body a member should be in constant touch with the operations of the Reserve banks and have a continuing knowledge of the condition of the member banks, of the trends in loans and deposits, of the fluctua tions in interest rates and of the money market and credit situation generally. Regardless of his ability, an outsider, engrossed as he would be most of the time in his own affairs, could not establish and maintain that interest and knowledge necessary to properly discharge his duties as a member of the Committee. Inevitably his attitude would tend to become advisory rather than representative of the Federal Reserve banks. It is only human nature that a person engaged in an enterprise for profit would be primarily concerned with the administration of that enterprise. Frequently, it might become the duty of such member to move in the opposite direction from that which would be advantageous to his own enterprise. Whether or not members finding themselves in that posi tion could act without regard to their private affairs and in the public interest, it would be unfair to such member to be placed in such position. Such a relation to the System could well impair the efficiency and pres tige of the directors and officers of the Reserve banks and produce at times confusion and embarrassment. Reproduced from the Unclassified I Declassified Holdings of the National Archives -9 - Members of the Committee are in a sense the trustees of the credit policy of the nation and, like trustees, they should not be in the attitude of purchasing from or selling to themselves* Eext in importance to the actual sound and efficient conduct of operations by the Open Market Committee in the public interest and for the public welfare is the reputation of that body for so conducting its affairs* The very existence of a private interest upon the part of a member of the Committee, even conceding that such interest would not influence his action, might affect the public interpretations of the actions of the Committee* The detrimental effect resulting from such a situation is apparent* 3 ^ 1^ B' p u ActL 1B I * & I 199 A T IY S S 22iY E O F THJS F K J H U L m T H K Ffc»S 3U L to n B 4HKS 1 FEB i 1936 O F $ ¥ SfJJUCET C C M f lT T K S Sena question has arlean with r«epe«t to tho composition of personal of tho Federal Open Market Cossiittee as created by eeotion 12A of tho Federal Reserve Act. T h le "T he and m e W rt fiv e s e c tio n o f th o r e p rese n ta tiv e * as h e r e in a fte r or any o f th e so lo o te d fiv e euoh o f th e and a le g is la tiv e to be 124 r e v ie w in does C o s n itte e 11 e ffe c tiv e o lo g ic a l p u rp o s e le tte r a o f fre e th e to o f la th e c re a te d by 1, and w as « th e has passed b y th e th e banks fiv e ra y ha F e d e ra l R e s e rv e b o n k * o'.A sst o f r e fle c tin g end th e in d u s tr y v e ry o f o a o r a e n e ln t o f m e th o d s c u lm in a te d fe d e ra l d e v e lo p m e n t is c o a m ltte e s sought o f any or am b y th e o o a & ie r e e in te n d e d end p u rp o s e # and e f f e c t o f th e o o c *- th o p u rp e o o e r e p r e s e n ta tiv e s o f w h * t C o n g re s s its r e q u ir e m e n ts ir r e s p e c tiv e o f b a n k in g , fin a lly T h is & a le s and o f fro m M ay o f G o v e rn o rs o f G o v e rn n o n t fiv e o p e n -m a rk e t o p e r in 1920 in th o or "O pen K© s e r v e A c t c o o r- M a rk e t as b e s t r e fle c te d b o d ie s 1321 and o f c o n tro l r e v is e d by a c re a te d "O pen M a rk e t c re a te d fo r c h ro n sush o p e r a tio n s b a s ic s e x c e p t w i t h I t yaA fu n c tio n e d wrwnis m ' n com posed jp o f u n til S x e e w tlo n * T h is 7, A p r il T ^ il* 1925 as a B o a rd on ^ a ro h w e re th e n o t engaged M a rc h g o v e rn o rs 22 , in oon- o f r e s o lu tio n 1325 fro m b y th e F e d e ra l o f F e d e ra l 5 19 1930 *~ ~ banks ~ r e s u lt a p p ro v a l o f th e fiv e eom » o f F e d e r a l R e s e rv e I w r e s t a e n t C o a r a i t t e e " «* T h i s on A p r il R e s e rv e w as ie F e d e r a l K e e e rv e s p e n -m a rk e t on C e n tr a lis e d s e c u r i t i e s 1* - g o v e rn o r* 1922 B o a rd * m th a t, s tru c tu re ItA ” 0a r c m i t t e e and 2* w as re a k s v a r io u s eonpeaed m ltte e f'l. s e le c te d fe llo w s « an d fu n c tio n e d IA<-Vv*-^ he o f S y s te s i d e v e lo p m e n t o f t h e e m o te d im p o r ta n c e s e c tio n 19M o f ftir o h e s e s banks to w h e th e r a v a ila b le s e le c tio n d s fo a t th o te rrs a re g r a d u a l d e v e lo p m e n t a c tiv itie s a itte e c * h a c t, n a tio n a l c r e d it a ro h tin s e o n s is t R e s e rv e o f th o h is to r ic a l fla g r a n t v io la tio n 1* o f p r e o lo o d s a a n s tra te th e c a lc u la te d lis tin g as in o f th o w as c le a r ly R e a lis a tio n o f not s e c tio n upon th o d in a tio n la fe d e ra l p e rs o n n e l in te n t w hen th e th o has r e s u lte d o ffic ia l q u e s tio n o f th o as c o n s titu te a tio n s ia s a s d ia te s o u rc e s s ig h t w e ll b e s h a ll F e d e r a l R e s e rv e F e d e r a l R e s e rv e b u s k i, Tho r e v ie w o f F e d e r a l R e s e rv e b a s k s w o u ld o o w r a it te e o f th o suoh a s h ie v e d w i l l b ig u ity th o r e p r e s e n ta tiv e s * re s p e o t b u t a n ltte e o f th o r e p r e s e n ta tiv e S e c tio n th is th a t o f G o v e rn o r* p r o v id e d * * o u ts id e o e lo o tin g in p r o v id e e B o a rd w h ic h F e d e ra l R e s e rv e t ! Reproduced from the Unclassified I Declassified Holdings of the National Archives mhhhui ljariiinarr - 2. • 5* *Open Market P olicy Conference* * T b it ooswilttoe -was created ae tlse re s u lt of oonfereitoos by representatives o f the 12 Federal Reoerve banks w ith the 8o«rd fo r the purpoee of recom; ending p o licie s and plane iw ardln*. epea-w ket opera tions* I t was composed o f the twelve governors o f the Federal leeorvo banka and functioned u n til the ®*ssa£0 of the Banking K T B 5 T 4* "Fodo***! Open Market C<aesitteen • th is eoeanittee 'was created on June 16, 1993 by the Bonking Act of li)55 and was composed of the twelve fiAv^r.-ors o f the Federal Reserve banks* 8* "Federal Open MerVet Committee* • 4c provided In section 12A o f the Federal Reserve Act es now in faroe, pro viding fo r a committee o sce istlflc « f "The Board of Governors o f the Federal Reserve System and fiv e representatives o f the Federal Reserve banks*** Thus, the Federal Reserve banka or the federal Keserve banks w ith the approval o f the Federal Reoerve Board, have formulated a ll polio i» s and directed a ll open"*aerket operations sinee the neeceelty there fo r arose* At no tisss lave the committees been composed o f others than o ffic ia ls of Federal Reeerve baake# Indeed, the issue as to Whether private enterprise should be represented in a boay ereatod fo r tha pur** poee of regulating and supervising such intercoms scouts to have been aet and se ttle d In tbs o rig in a l onaotmomt o f the Federal 8«eorvo Act when banker representation was so fo rc e fu lly argued «@d »c- fo rc e fu lly denied both by Congress and ths fires tdent* This intereetin*: period in the h is to ry of tbs Federal Keeerve System is graphically related ‘in the fe ll earing passage from, senator Class* book e n title d "An Adventure In Constructive Finance** "theee preat bankers, a rb ite rs fo r years o f t v* country9s o re d its, were grouped about the PrssidenVa desk in the Sascutlvs offlo e adjoining the Cabinet room* X sat outcido the o iro le , having already vetoed my cam dissent frsm the hresi io n t1* a ttitu d e * President 11 Ison faoed the group aoroee the desk* and as these m i drove hssae what accused to me good, reason a fte r food, reason fo r banker ronrooentatton on tho central beard, I a ctu a lly experienced a sense o f re grot th a t I bad a part in subjecting W* Wilson to ouoh an ordeal* then they had ended th e ir arguments Mr* W ilson, turning more p a rtic u la rly to Forg&n and Wede, said q u ie tly t Reproduced from the Unclassified I Declassified Holdings of the National Archives CH **£4M» ’Will om of you gentlemen toll vm Is what civilised country of tho earth there are important fcovernaent boards of con trol on Which private intereete arc repreeersted’?* There was poinfal eilenoe for tho longor* single moment I over spenti and boforo it was broken Wm Wilson further inquiro.ii fWhich of you go ;itlot%on thinfcs th* railroads should ooleot tac&bers of tho Interstate Co ';.jereo Cemission?' There could bo no convincing reply to oithor question, so tho discussion turned to other points of tho currency bill} and, notwl theta^din& a desperate offort was taade in th* Senate to give tho banks minority representation on the roserve board, the proposition did not prevail*’1 These facte were before Song roes when seotion 12A was eranted. At the time of the revision of scotton ISA by the Sanklsac Aot of 193$9 the importance of open-nssarket operations *s an instrument of eredit o ntrol was conceded* Indeed* it was recognised as one of the most* if not the »ost, important ef such instruments* Likewise, it was conceded that responsibility tor ths formulation an-1 exeeutim of sueh polioy should be o neentrated in one body* &1X previous ccmmitteee had been composed of ffleers of the various Federal H«eerve bonks* The whole issue was whether that responsibility should be fixed in the Board of Governors of the floral Keeenre System as then being set up or in ths Federal Sseterv* banks* ths bill, as introdueed and passed In the House (H*R* Til?), definitely fined suoh responsibility upon ths Federal Beeerve io&rd, In Gonermeeman iteagnll’s report upon tha bill tfee following was stated» 11 Under the fweeent law, epetMiarkct polio lee are formulated by the Federal Open Market Committee, wtlch oonslsts of the Eovemors of the 12 Federal Reserve fimks<"',~Y>->e reeo mendatiens of the ooi^dttsiiT*ara su^jeet to the "approval ef the Federal Keeerve Board* and tha boards of directors of eaeh Federal Reserve bank retain the authority to refuse par* t lei at ion in the policy adopted* He have# therefore, an arrangement by stoieh there is a poliey»meklng body of 12, which hae pomer to femulate policies, but mot to put theia into effect* We have the Federal Reserve Board, consisting ef 8 members, who have the authority to approve or dieepprove of the rocomasttdetlone of the committee! and «e have IDS dir ectors ef the ieeerve banks, who have the final determination as to itfhethor the policy ie to be carried out or not. It would be difficult to conceive of an arrao^e^ent better cal culated than this for diffusing responsibility and creating an elaborate syetsm of obstructions* Reproduced from the Unclassified / Declassified Holdings of the National Archives '£T ? *Thm w ill aura this situation by plaolnr responsibility for national monatary and oradit pollsias fnaps ly xtptm tha 3N4er*l % « m I w H t It will eliminate o nflleta of jurls^iotion ajnd poiioy baaau&a tho final daolaicm aa to all matters affooting national pollolee would bo rested in tho Fed** oral Reearve Board* Tho participation of Federal fcoeerve bank fo v o m oro in tho deliberations leading to tho adoption of opannarKrt polieiee will bo preserved* Cfcien-market operations aay bo initiator either by tho eommittee of tho governors or by tho Boar3, but tho ultleat* responsibility for ?SrTrc a final do* oltlon and tho poaer for adopting and carrying out national pollutes will bo eonsenferated in a national body, at they prop** erly thou d bo In tho publio interest** tho bill was amended in the Sonata to provide far tho creation of a "Federal Open fttorket CoMlttoo 11 consisting of the e ber* of tho Board of C’orernors of -tho Federal Eeeerve System mod f l w representatives of tho Fadaral Reserve banka to bo seieeted annually* In eonferenoe tho present section 124 was agreed to* Time it lo oioar that tho provision for tha ao lootion of *five reiJroseotatlvee of tho federal Uoaarwo bank** represented a ooysprcmise betweca fining responsibility In tho 3of rd and fining responsibility in tho bonks by fixing responsibility In a body composed of tho Board and representatives of tha b3»ks« this i« borne out by tho foil9«lne reemrka of Senator Glass made whan tho bill, aa amended by the Banking and Gurreasy Committee of tha Senate, was reported to tho Donato* "Aa I have said* in order to produce a bill, in order to hervsmisi radical dlfferensee, concessions, even yielding of convictions, had to bo ®ade, ao it m finally determined to constitute tha opem-war^et committee of tha 7 mo bora of tho Fadaral toaarvw Board and 6 representatives of tho Federal Meeerve banka* tha fadaral Kescrve banka, which ara tha trustees of tho rasarv© funds of all tha naas»» bar banks of tha country, ara graciously given this minority raproaantatl’o upon tha cpca^ariret committee* *&9m of m war# opposed to any alteration of tie exiatiing arrangement* Othara thought that tha representatives of tho banka* whoso money la to bo ueed, whose ora lit is to ba put in jeopardy, should have control of tha oomedttao and should hava tha majority representation* But In ordar to ra~ aonoila bitter difference* there waa yielding, aad wo bars near Reproduced from the Unclassified I Declassified Holdings of the National Archives propoeed an opet»»market ooaoniittee composed of *11 ? members of tb* Federal ficeerve Board and 5 renresentat \ves of th# regional w w m beni e** During the ec-nsltferetion of tha Banking Aot of 1955 by tha Banking o m | Currency Sosw&tteee la both tha House and tha Senate, mony distinguished bankers appeared before ons or both of the Ccwaltteea and aaong them there seeded to be a unanimity of opinion that ^Governors* of the Federal Reserve banka should be »aber* of the Open Mar; «t "'do»aittee* The very feet thet they eo testified le Indicative of the fact that the eole Issue at stake la the pending legislation was whether or not control of this important function should be vested in the *Covornor*»* of ths Federal Reserve banks or In the Federal lieserve Board. It does not appear that these witnesses ever had in aindl a se loot ion of repre sentatives of Federal leoorve banks free other than "Oorornors" or other of floors frea the offielal personnel of the federal Reserve banks* Ths reeosasiendatlen of the special ooRgnittee of American Bankers Association eas "that the Open Market Ccsssittee shall oinsist of the entire Federal Ummrro Board, (reduced to flee members), and four Gov ernors of the Federal Resere© banks, selected by the Governors of the twelve federal Reserve beaks annually*. The reoemaendation of the Federal Adels cry Coamittoe was that *The federal Open Market Csmartttee shall consist of the five noabers of ths Federal Reserve Board (reduced in membership) and four Governors of ths federal Reserve banks** The Ccamission on Baaking Law and freetioe of the Association of Reserve City Bankers In its *St— mary of ArguEsents on Title II of the Bonking Act of 1935* clearly recognised that ths only polrt of d ifferodes eas In whether the power to determine the open ’market policy of the Fed eral Reserve System was to be In ths Federal Reserve Board or in a e«eeaittee, as tJwn constituted, of Governors of ths Federal Heeorte ban*e* Ths Ccmalttee on Banking legislation of the Chamber of Gsansree of the Waited States, la an analysis and report filed with the sub-oosaaittee of the Senate Committee on Banking and Currency, recomended "that open market policies shou d continue, as at present, to he formulated by a eoasittco representing the twelve Federal ieeerve banks** Ths CesH&ittee as then constituted was ooopoeed of the twelve Governors of the federal Reserve banks* In this connection it nay be eell to point out that Courses In providing; that ths eaaaittoe shou ld cone . 1st of *the aswibors of the Board of Governors of ths Federal Reserve System and five representatives of from the Unclassified I Declassified Holdings of the National Archives the Federal 1eaorve benksw, also p r o f i t that each representatives of the banks should be elected, one by the bo&rds of < 1Ireetors of the feder al Bcaerte Banks of Boston and lew York, one by the boards of directors of the Federal Reserve Banks of 'hiladeiphia end Cleveland, one by the board* of directors of the Federal Reserve Sank* of Chicago end St* Louie, one by the board* of directors of the /federal Reserve Banks of Richmond, Atlanta and .Dallas and om by the boards of dlreetore of the Federal teserve Banks of Minneapolis, Kansas City and, San Frwneieco. Obviously, It wasiut the intention to concentrate tha ponere theroin aonferred In other then a national body or to alter the responsibility to conduct operations other then within the governing principles as laid down in the act* The purpose was to meet the demnds of those who thought that re sponsibility for operations should be in the ban:a rather thea in the Board and to provide a method whereby the ooHaittee as a whole would be able to present a compoeite picture of the needs of ooiaeteroe and business with respect to tha general eredit situation of the entire country* Con* sequent iy, ths sootion should be Interpreted as providing for the select ion of five weiabers of the Ofsaaittee from *rcpresentatIvee of the Federal Reserve banks*, that is to aay, froa tha already designated representatives of ths Federal ieeerve banks so acting at tha tine of their eleatlon to membership upon the cooadttee* By the same reasoning thvt would permit Federal lioeerve baaSrs to select, as a member of the coaaittee, a repre sentative not already a designated representatIva of the Federal Beserve banks, they could elect representatives froa points outside their res pective districts and conceivably each dssipsatel pjroup of Federal Beserve banks could select as a represent at iva end as a tsenber of the coaaittee a director and officer of a large city ©o xercial bank, and conceivably the oomittee cooid be coxaposed of the seven members of the Beard of Severnors cf the Federal Beserve System and five offleers or directors of one lar^e city bank* the legislative policy with ns;«ot to outside domination or influence in the adaiaiatration of ths Federal Reserve Act Is illustrated by section 10 cf the Act, wherein it is provided that *Be --*Hber of the Board cf Governors of the Federal Reserve System shall be an officer or director of aay bank, banking institution, trust eoapaay, or Federal Re serve bank or held stock in any bank, banking institution, or trust com pany** true, this section applies only to tha asisbcrs cf tha Board cf taverners# but it is hardly conceivable that Congress, in setting up an administrative body to control and supervise credit, should sc stalously provide for its freedom of action by and large end then delegate perhaps the meet important function to a committee, five**twelfths af which could possibly repreaent private interacts as cppaaed to the national interest* Such a constriction of section ISA would certainly be strained in tha light cf the true intent cf Cengrees and, as ths mem Is eueecptlble of a construction giving effect to the real intent, such construction should be plaaed upon it* .m i----------------------------------------- --------Reproduced from the Unclassified I Declassified Holdings of the National Archives Added to thia Is th* vary significant faat tlmt eeetloa IIS& M r w l w d by the Mtifig Aat of 1^15 took away fro® tin redoral S e i m t banks tho power of declining to participate in opa«Ma«fcet operations reaossssendod by tho Goss&ittee. At tho eara ti?ac, *o«wwr# it provided for representatives of tho banks to bo upon tho Committee* Clearly Ccmgreee would sot ond did not undertake to provide for representation of the Federal Kaearve ban>s by naking it poos lblo for sueh representa tion to a<**e free* sources wholly outside of th® banks* la addition* it la to bo noted that in tho snly case, ia connooti<m with tbo Federal Heeerve Systs b , where Congress haa prowided for • body, tho personnel of which, lo selected froa sources outside of tha official personnel of Federal fteaerve banks, to wit« tbo fadaral Advisory Council, it, at the same tlas has prowldod for tha eo&penaatlan and allow ance of tho Council aembara* Im eamnectlsm with tha Fadaral Open Market Committee, however, no provision whatever ia aada for tha of OO&I#* pensation to or expanses of ths members* lad Congress lntsnded tlmt aes&srs could ba solootod irtm aouroes outside tba offialal personnel of tha Federal Heserve banks, it so doubt woald hsnre made provision for nsy» swmt of ooD.paaaat.lon to said the expenses of sueh aethers* further, it is significant that fitlo IX of tho Banking Act of 1956 boaaria effective August 23, 1936, axaopt that section SOS provided for tha appointsftsnt of a Board of Governors of tha Fadaral Reserve Syeteic offestive February 1, IdSd, aad sections 201 and 205 wara enaatad effectiva Marsh I, l£$4* fceetioa 201 waends paragraph •Fifth* af section 4 of tha Fadaral Meaerve Aet aa aa to authorise a Fadaral Hoaarva bank *To appoint by ita board of diraatora a president, vVco-president, ate** Saatlon 20S agenda saatlom ItA of tha Fadaral leases* Aot and oraataa tha Fadaral Open -Market Ccsaslttoo affective March l9 1936* the faat tlmt thaaa cacti one wera enacted offaat iva upaa tha aare data would lndleate that tha fiva representatives of tha federal Reserve banka ware to ba aeiaated from ax&ong tha "Frea tdants" of tha Fadaral K ©serve banks* Aside froa tha legal aspect of tba situation, there is the faat that there mow exists a welWdefined and lor^-es tab Iishsd policy outlined by the Beard and concurred in by the banka recognising and seek* lag to avoid tha a&barraaaraent resulting froa affiliation with outs Ida business interests af offloors and aaployaaa of Federal koaarva banka, and avan of diraatora whan their atatua aa diraatora night be a one idered as being uaed to further their private Interests* Im 1919 the Board adbrassed a lattar to a il governors of the Fadaral SUaerve banks saving, among other things, "While the Board doea aat assume any jurisdiction over the business affiliates of any director of a Federal Reserve bank except Insofar aa suah connections aay affect his qualifications as prescribed In section 4 of the Federal Roeervo Reproduced from the Unclassified I Declassified Holdings of the National Archives . Aot, it M o alway© ©ntortai«©d th© view thot a© d rootor or ©ffloor of o FodoroX leoorro bank should pormit hi© oo»n©otla« with tho bnaSt to bo ut©od In fvrtfeoriivc hi© jwivat© bnatno©* or tho 1 ’ tero«t of oagr corpora tion with, whioh ho any bo aoooolatod** la 1914 tho 8*0*4 dirootod o letter to I#*© ©fcnirwan of oil, Foderol Eooonr© beak©, wiseroin It w»© <*tatod» *T:n©re afpoar© to bo bo prcnrloloa of low whloh would prohibit on offloor of o FOdoral Io*orv© bonk from forming on out©id© ©tuaootioa with. o bueirio©# oonoom of any kind, but tho Federal tooorwo Board beliooo© it will bo oo obvicmo to th® federal iooorvo bank© oo it lo to it»olf tlmt th© good mmidmt and refutation of tlse federal fteooro© &y*:t«*a roq^lro thot th© offloor* of tho rosorro bonk* ©hell giro tb©ir ontir© ttas© oaA attention to the of* fair® of the bonk aad not bo idoatlfiod with any out#Id© buoinooo im* torooto" * The view© ©xpr©«*©d in thi© notion ©ore apparently oonourrod ■in by %ho- offtoor© ond director© of th* fodorol SoWMWI bonfeo# Tho d'jtieo of o nmbmr of tho Clpon HwHfeot f— nittoo is oonaootioa with tbs formulating and fla&af of opon norkot poliotoo oo?a©* oooul'lerly within tho login of tho ahow letters outlining pelley in oonaootiOB with Federal Booorvo banfc p*r«oun©l mid tho reason© «pmi whloh tho oforosold lottors wore baaed, whioh ro^oono wore and are ap parently ©©noyrroii in by mil of tho fodoral Honor*© baako, apply with ©eon grwatoor for©© to a mmlmr of the 0$*»a Marlrwt Cet»itto©* frm , tlm outset opon*8mrfeot operation© fmum boon an Ssaportant function of tho looorvo bonk© and within tho laet f©w yonro th©y hove booosi© a ^jor roopcRt«iblllty of tho feyvtaau Th© now Oomittoe 'ho© boon imrootod with broad powor* uid fron it® dooiaion* aed order* th©r© i© no appeal* It follow©, therefor©* that to render efficient aervloe m th© body a taember ©hould b© im constant touch with tho operation* of th© Re®orv© b«nk* and- have a ©ontInning knoarlodgo of tho condition of tho nanfeor bank©, of th© trend* in loan© and dope©it©, of th© fluctua tion in Istoroot rate# and of tho money norlent and oroiit ©itnntion poaorailiy* H©gardleo© of hi© ability, an oofcoldor, ©ngrwoood a© h© would b© mo«t of tho Msao in hi* ?ora affair©, oould mat »©tabii#h and maintain that l©A«r«ot ©tid 3rr}©wl©%© aoo©*©ar^^ to properly iioohnrf© hi© duties a© a laossber of tho Cam ltte©» Xaovitably hi© attltudo wornId tond to beaom adri©ory rather than ropro«or<tatIt© of th© ?©d»ral too*rr© baaJk©* It i© only hmtn notnro that a f»or©«t ©mn^od In ©a enterprise for profit wonld bo primarily oonoorts»d with, tho odminiotration of tlmt e*st©rpri»©# froqonlly, it night booosi© tho d«ty of ©nob rao^b«r to novo in, tho opposite dlrootion fr«s that whloh would bo advnsitng©on© to hi© ■own ©ntorprioo# Whether or not nombr © findinf, th^noolvo© im tteat po«i* tion oonld aot without rorard to thoir frtoofto affair* and in tho pnbli© interoet, it would bo unfair to ©aoh ®efsb©r to bo ploood in ©nob po«itioE.* ■H — — — — — — I— — ^— — — — 111 Reproduced from the Unclassified I Declassified Holdings of the National Archives $- Bmtik * relation to th# Sy*t#«& #ould well Inpftir tho m ftM m m p «il prmmtl$m of th# dlrootor# sat offi#er§ of th# l###rv# bsisfc# otsd prods*## At tt #* mnfuMi-m wad #rcb#sTS*#KWRt« MttBbor* of tli* Casmitt## m r * i n & ft#)iO<» the tr rt#o* of %l* cr#dit policy of th* nation SlfeS* llko truot##e» %h#y *muM not bo in tfe# «Hilad» of p>jr#!m#istg from or gulling to th#ir*#lr#o. tact in iinportsn## to tfc# actual sound and #ffiolont #onduwt of op#r*tio?i» by th* Op#n Movtewt tim m ittom in tho public irst#reot mud for th# public w#lf*r# 1# t.f» reputation of tmt body for #© conducting it# *ff#lr#» Tb# r#ry #xUt#a## of #. privet# i&t#r#ot upon tho port of # comber of th# Ccttns&tt##*. even •os##dt*£ that ouch interest would sot influ#no# U* #0*1021* sight mffoot th# public lnt#r?»r#t#ticK&« of tfc# octio'o of th# Cosmltt##* Th# detrimental offoot r#«ultinc frcrai ouch a iltaation 1# apparent# Reproduced from the Unclassified I Declassified Holdings of the National Archives FEDERAL OPES MARKET COMMITTEE (From Jan. 1 to Feb. 29, 1936) ^ ° r ,r P E ® 'v * 1 1 9 3 6 * * Ft II, Curtiss / f?AX?<yyraGeorge L. Harrison Boston * M. J, Fleming Cleveland * * Oscar Newton G. J. Schaller * Wsu McC. M artin Atlanta Chicago (H. P. Preston, alternate) St. Louis Minneapolis Kansas City (minutes) Dallas (minutes) * W. B. Geery * G. H. Hamilton * B. A. McKinney New loyk Reproduced from the Unclassified I Declassified Holdings of the National Archives EXCERPT FROM LETTER OF FEDERAL RESERVE BANK OF KANSAS CITY DATED Feb 7, 1956, re minutes of meeting of Board held on February 6. A'‘-: feb - 7 £ 1930 "Governor Hamilton informed the directors that in accordance with the rules adopted to govern the election of a member and an alternate member of the Federal Open Market Committee by the Boards of Directors of the Federal Reserve Banks of San Francisco, Minne apolis, and Kansas City, he, as judge of the election, had called a conference of representatives of the three Boards of Directors to be held in Denver on February 15, this action being necessary in view of the failure of the three banks to elect a member and an alternate member of the Federal Open Market Committee by February 1 * ,fThe directors selected as their representatives to attend the meeting to be held in Denver, the committee previously appointed to con fer with the Boards of directors of the other two banks on matters re lating to the selection of representatives on the Open Market Committee. The Committee appointed consists of Deputy Chairman Brown, Director Bemardin, and Director Mullaney.” i mmmBmmmmmmmmmmsmmmmmrnmmm Re“pY6"dff(?e(i"fr6m th6“UnclassifieF/‘D'6Siasksified Holdings of the National Archives CO P Y February 6. Mr* J. N. Peyton, Chairman, Federal Reserve Bank of Minneapolis, Minneapolis, Minnesota "P--. >. ^ , Dear Mr. Peyton: Reference is made to your letter of January 21 reporting the action of the Board of Directors of your bank on certain subjects at its meeting on January 21, 1936* You will be advised at an early date in regard to the Board*s action on salaries fixed by your Board of Directors for officers of your bank, and in the meantime the Board will interpose no objection to payment of salaries to officers of the bank at the rates previously approved by the Board and in effect on December 31, 1935* j i ! / It is noted that Directors Clark, Grangaard and 0*Connell have s been appointed as a eommittee to meet at Denver with Directors repreI senting the Kansas City bank and the San Francisco bank for the purpose of considering recommendations to be made to the several Boards regarding the selection of a member and alternate member of the Open Market \ Committee; that Directors Clark and Grangaard have been appointed a committee to visit Washington sometime after February 1 to discuss with the Board of Governors of the Federal Reserve System general policies of the bank; and that the Board of Directors are not in favor of a uniform day for holding directors1 meetings throughout the System, v h'-W'i- Very truly yours, (Signed) Cheater Morrill Chester Morrill, Secretary. \ \ j I t / Reproduced from the Unclassified I Declassified Holdings of the National Archives Copy FEDERAL RESERVE BANK OF KANSAS CITY January 27, 1956 Board of Governors of the Federal Reserve System Washington, D. C. Gentlemen: A regular meeting of the Board of Directors of this bank was held on Saturday, January 25, the meeting having been postponed from January 25 by unan imous consent of the directors. The meeting was attended by all of the direc tors and by Counsel Leedy, Governor Hamilton, Deputy Governor Worthington, and by Mr. W. T. Kemper, Member of the Federal Advisory Council. In addition to the regular routine business of the meeting, the direc tors took action as follows: The various rates of discount and purchase in effect at this bank were established without change for the ensuing period, subject to the approval of the Board of Governors of the Federal Reserve System. The directors accepted with approval a report of the committee of direc tors appointed to confer with representatives of the Boards of Directors of the Federal Reserve Banks of San Francisco and Minneapolis on matters having to do with the selection by the three Boards of Directors of a member and alternate mem ber of the Open Market Committee. This report reviewed the proceedings of a meeting of representatives of the three banks held in Omaha on Januaiy 6, and recommended the adoption by this board of a set of rules which had been tenta tively agreed upon at the Omaha meeting as suitable to govern elections of mem bers and alternate members of the Open Market Committee by the Boards of Direc tors of the three banks. The rules recommended by the committee were formally adopted by our board, and inasmuch a® such rules provide that the Board of Directors of each bank shall designate its choice for a member of the Open Market Committee and its choice for an alternate member of such committee prior to February 1 of each year, and certify such action to a judge of election named by the rules as the Governor of the Federal Reserve Bank of Kansas City, the directors named their choices for the respective positions and directed that such choices be certified to the judge of election, as provided in the election rules. Under such rules, if the Boards of Directors of at least two of the three banks select the same individual as member or as alternate member of the Open Market Committee, the judge of election shall declare such individual elected and shall certify such election to the Board of Governors of the Federal Reserve System. The rules provide that if by February 1 no person has received at least two votes for the position of member of the committee or if no person has received at least two votes for the position of alternate member, then the AML X - q y / O . & U *L - <4 'C&U-j A, 3 >/. / / tfO r Reproduced from the Unclassified I Declassified Holdings of the National Archives judge of election shall call representatives of the Boards of Directors of the three banks together at Denver on a date to to agreed upon by such representa tives for a conference for the purpose of arriving at an agreement with regard to persons to fill these offices. In this connection, we have been informed that the Board of Directors of the Federal Reserve Bank of Minneapolis has adopted the recommended rules of election, subject to adoption by the Boards of Directors of the other two banks. We have not learned of any actinn taken on this matter by the Board of Directors of the San Francisco bank. Very truly yours, /s/ W. M. McAdams Secretary Reproduced from the Unclassified' / Declassified Holdings of the National Archives r F E D E R A L R ES ER V E BOARD F l l E CO PY FEDERAL RESERVE BANK OF MINNEAPOLIS 'P) ^ v January 21st, 1956* Mr* Chester Morrill, Secretary, Board of Governors of the Federal Reserve System, Washington, D. C* Dear Mr. Morrill, At the regular meeting of our Board of Directors held today, the budget for the first half of 1956, which will be forwarded to you in due course, was approved by the Directors. The Directors approved the payment of the prior service liability under the Retirement System, over a period of five years from January 1, 1935, and in so doing approved the readjustment of the books of the bank, retroactively to December 51, 1955, in order to accomplish this result, with the provision that a reserve in the amount of the bank!s prior service liability on January 1, 1956, be set up in accordance with the Board*s letter of January 15th. Mr. W. B. Geery was elected Governor, Harry Yaeger was elected Deputy Governor and Harry I. Ziemer was elected Deputy Governor and Cashier, for the period expiring February 29, 1936, and, subject to the approval of the Board, their salaries remain unchanged. All other officers and legal counsel of the Federal Reserve Bank of Minneapolis and of the Helena Branch were elected for the year 1956 at the same sal aries, excepting only that, subject to the approval of the Board, the following salary adjustments were passed: Mr. Mr. Mr. Mr. H. A. W. 0. C. R. E. R. Core, Assistant Cashier was raised from $5500 to Larson, * * n m • $5500 to Peterson, * « « « * $4500 to Preston, * • « « *t I4500 to $5800 $5600 $5000 $5000 and I shall be pleased to have you communicate to me the Board’s action with regard to these salaries at your convenience. The increases in those salaries above noted will not offset the decrease in officers* salaries due to the elimination of Assistant Cashier Rast. The Directors passed a motion appointing Directors Clark, / Grangaard and 0*Connell as a committee to meet with Directors represent/ ing the Kansas City bank and Directors representing the San Francisco [ bank at Denver on a date which was to be arranged by the Chairman of the I Board, for the purpose of further considering recommendations which may V be made to the several Boards by the representatives of the several banks ' for member and alternate member of the Open Market Committee. <5 TCUU i n 2 7 m - c . / > * * * £ - Reproduced from the Unclassified I Declassified Holdings of the National Archives Mr. Chester Morrill, (2) January 21, 1936, The Board appointed a committee consisting of Messrs. Clark and Grangaard to visit Washington some time after February 1st to discuss with the Board of Governors of the Federal Reserve System general policies of the bank from point of view of the Directors. The letter of the Board dated December 27, 1955, X-9407, asking the opinion of our Board as to the desirability of arranging with the several Federal Reserve Banks for uniformity in holding meetings of the Boards of Directors of the twelve Federal Reserve Banks on the same date, was read to the Directors. Our Board takes the point of view that several of the directors come from very long distances and it is very de sirable that our directors* meetings be held on Monday so traveling time may be absorbed over Saturday and Sunday, and for this reason, as well as other pertinent reasons which were brought out at the meeting, our Board would not be in favor of any uniform day for holding directors* meetings throughout the System. Very truly yours, (Signed) J. H. Peyton CHAIRMAN OF THE BOARD JNP:B wmmmmmmmmmsmmmmmmmrnBmmm R ^ O T t r a « 1 t f e ‘ l3n'Ciat§ffWi/ T O r ^ ifife d iMDldings of the National Archives 1 l\ \ j 'yJ , ^ \ ! F e d e r a l R e s e r v e B a i ^ k o f Sai^ F r a k ^ c i ^ ^ ) ^ Ia O f f ic e * ~K o f C h a irm a n o f t h e B o ard Fe d e r a l R e Ag ser ve January 10, 1936 ent / Dear Mr, Eccles: i/ I Ir E. i. X i\U Receipt is acknowledged of j-om latter of January 2, enclosing copy of reply to a letter received from Mr, Stevens, Chairman of the Fed eral Reserve Bank of Chicago, quoting a resolution adopted by a clearing house association recommending that the Federal Reserve Banks of St, Louis and Chicago select as their member of the Open Market Committee a man of wide experience in business and financial affairs who is not an officer of either bank. At a meeting of our Board yesterday, your letter was read and \ discussed at considerable length. Our Board is in unanimous accord with \ the principles as expressed in this letter and are definitely of the \ opinion that such a proposal, as made by the clearing house association, I is fraught with great danger to the System. We feel that no banker not j officially connected with one of the Federal reserve banks could accept I such a position without serious embarrassment to himself and the System. J Members of the Open Market Committee, wielding the great power of that office, should be required to divest themselves of all interests in any organizations directly affected by the operations of the Commit tee, as the members of the Board of Governors are required to do in con nection with their offices. From a careful study of the history of Sec tion 12a of the Federal Reserve Act, as amended, it is indicated to us very clearly that the applicable provision in the Act obviously intended to provide that representatives of the Federal reserve banks should be persons officially connected with those banks and therefore, in fact, able to represent them. In the opinion of our Board, it would be a mistake of major im portance if representatives outside of the System are selected by the Federal reserve banks as members of the Open Market Committee. WALTON N. MOORE Deputy Chairman Mr. M. S. Eccles, Chairman, Board of Governors of Federal Reserve System, Washington, D. C. Re^W^d^ffom'th'e'U'nclasSifiga'V'D^clafsified Holdings of the National Archives sv FEDERAL RESERVE BANK OF CHICAGO 230 SOUTH L_A S A L L E 2 STREET January 10, 1936 OFFICE O F T H E C H A I R M A N O F T H E BOAFjD A N D FEDERAL RESERVE AGENT Marriner S. Eccles hairman, Board of Governors of the Federal Reserve System Washington, D. C. Dear Mr, Eccles; r-. / Referring again to your letter of January 2, 1956, relative to the question of the selection of a member of the Federal Open Market Committee, I today presented your letter to the board of directors of this bank at its annual meeting. Our board recognizes the importance of this whole matter involving a representative from two Federal Reserve banks on the Open Market Committee, and the procedure to be followed in connection with the appointment of such a member. Inasmuch as we will have another meeting of our board later this month, it was deemed wise to take the matter under consideration in the interim, and bring it up again at that time for further determination. Inasmuch as the new member of the Open Market Committee does not take office until March 1, and we will have two more meetings of our full board in the interim, it is considered that it is not essential that we take hasty action at this time. I shall be glad to advise you just as soon as there is anything definite to report. EMS HH (I I'ss\X ■■yy-Jr" fit. ReprddffcSatrom the Unclassifted /'Declassified Holdings of the National Archives \Jx \ Fe d e r a l Re s e r Ba n k ve / o f Atlanta O F F I C E OF C h a ir m a n of t h e Bo a r d . Fe d e r a l R e s e r v e A g e n t . January 11t 193&* Hr* H. S. Socles, Chairman, Board of Governors of the Federal Reserve System, Washington, D. C. rcn c Hr. Socles: QtJM l H.:- At the regular January meeting of the Board of Directors Mr. f,;:: H r. h>. y Hr. V:. Hr. SH r. Mr, Mr. r.: Hr. C: ■Hr. : . Hr. i •Mr. Hr. / { this yonr cenaanleation of January 2, 1936 (X-ftlO), addressed to [/ me, m s read, as was also the copy of your letter of the same date v/ y/ (X-9^l0-a) addressed to Hr. E* M. Stevens, Chairman of the Federal He serve of Chicago* Our directors were in entire accord with the views and suggestions of the Board of Governors of the Federal Reserve System, as Hr. Hr. set out in your letter to Hr. Stevens* P163S3 s: - *nd relurn I was authorized, as Deputy Chairman of this hank, to ap~ # Ml ^ T ^ f v ^ point one or more as a committee to meet with similar committees appointed, respectively, hy the Federal Reserve Banks of Richmond and Dallas, with authority to formulate a procedure for the selection of a representative on the Federal Open Harket Committee and to submit such suggested proce dure, with recommendations in respect thereof, for consideration of the full Board of Directors of the Atlanta hank* Yery truly yours, Or I t f. 1. M* KSTOIS, Deputy Chairmn of ths Board. Reproduced from the Unclassified I Declassified Holdings of the National Archives FKDEtlAL ltESKHVE BAJVH. o f C l e v e l a n d January 14., 1936. Mr. M. S. E c c l e s , Chairman, Board of Governors of the Federal Reserve System, Washington, D. C. Dear Mr. Eccles: Your letter of January 2. 1936, X-9410,addressed to Mr. E. S. Burke, Jr., Acting Chairman, and enclosing a letter eh was sent to the Chairman of the Federal Reserve Bank of hicago in connection with the selection of a representative serve on the Federal Open Market Committee after March 1$ , was brought to the attention of, and carefully considered our Board of Directors, at its meeting on January 10, 193€«r The suggestion of the Board of Governors of the Federal Reserve System with respect to an appropriate method of selecting a representative on the Federal Open Market Committee, was very favorably received by our Board, which took appropriate ac/ t£®n providing for the appointment of a committee of three ^ d i r e c t o r s from this bank, consisting of Mr. Chess Lamberton, v Mr. B. R. Conner and Mr. John Galvin, to confer with a similar committee from the Federal Reserve Bank of Philadelphia, to arrive at an understanding as to the selection of a representative for both banks on the Federal Open Market Committee. The action of our Board has been communicated to the Federal Reserve Bank of Philadelphia and it is hoped that arrangements for an early meeting of the two committees can be co mp l e t e d . Our Board concurs in the view of the Board of Governors that it was the intention of the Congress that the members of the Federal Open Market Committee representing the Federal Reserve banks should be the President of one of the banks in the group, and believes the President of one of the other banks should be selected as an alternate. Our Board is very strongly of the opinion that whoever is chosen as the representative of the Federal Reserve Banks of Philadelphia and Cleveland must be governed by the interests of and represent impartially, both banks. It is understood that the Board of Governors has no duty or responsibility with respect to the selection of a repre sentative, however, our Board requested that its views, and th# action taken, be communicated to the Board of Governors. a t 10 1C* I Yours very truly, A S .m Secretary RepToda'Ceci'from the'U nclassifi'e'd*/ D ecla ssified H o ld in g s o f th e N a tional A rch ive s hi nv f \ Ii w ^ 5 \ — . i J J F E D E R A L R EfSER V E BANK OF DALLAS C.C.W ALSH CHAIRMAN OF THE BOARD AND FEDERAL RESERVE AGENT Mr# M. S . E c c l e s , C hairm an , ..... B o a rd o f G o v e r n o r s o f t h e F e d e r a l R e s e r v e S y ste m ‘ " t in g to n , D* C. r , C j JaiLUary 9 , 1936 " ____ _ D ea r M r. E c c l e s : R e f e r e n c e i s made t o y o u r l e t t e r X -9 4 1 0 o f J a n u a r y 2 , 1 9 3 6 , e n c lo s in g a cop y o f you r l e t t e r o f t h e same d a t e t o C h a ir man S t e v e n s o f t h e F e d e r a l R e s e r v e Bank o f C h ic a g o i n c o n n e c t io n w i t h t h e s e l e c t i o n o f m em bers t o ' / / y s e r v e on t h e F e d e r a l Open M arket C om m ittee a f t e r M arch 1 , 1 9 3 6 , The l e t t e r an d e n c l o s u r e w e r e p r e s e n t e d and c a r e f u l l y c o n s i d e r e d a t t h e r e g u l a r m e e t in g o f o u r b o a r d o f d i r e c t o r s h e l d T u e s - a:.-: m rci-irn j ' d a y , J a n u a r y 7 , 1 9 3 6 , t h e m in u t e s o f w h ic h a r e now b e i n g p r e p a r e d > « and w i l l b e s e n t t h e B oard w i t h i n t h e n e x t d a y o r tw o# The v i e w s o f t h e B oard o f G o v ern o rs o f t h e F e d e r a l Re s e r v e S y s te m , a s e x p r e s s e d i n y o u r l e t t e r t o C hairm an S t e v e n s , a r e fu lly c o n c u r r e d i n b y ou r b o a r d o f d i r e c t o r s , and t h e r e i s q u o te d b e lo w , f o r y o u r i n f o r m a t i o n , t h e a c t i o n t a k e n b y ou r b o a r d : " T h ere w as p r e s e n t e d l e t t e r X -9 4 1 0 o f J a n u a r y 2 , 1 9 3 6 , from t h e B oard o f G o v ern o rs o f t h e F e d e r a l Re s e r v e S y s te m on t h e s u b j e c t o f s e l e c t i o n o f m em bers o f t h e F e d e r a l Open M ark et C om m ittee t o s e r v e a f t e r M arch 1 , 1 9 3 6 . " A f t e r d i s c u s s i o n , t h e f o l l o w i n g m o t io n b y D i r e c t o r H o o k s, s e c o n d e d b y D i r e c t o r M id d le t o n , c a r r i e d : > ^ | | * ^ < y ^ l i 1' ’T h a t t h i s b o a r d o f d i r e c t o r s i s i n f u l l a c c o r d w i t h t h e v ie w s e x p r e s s e d i n C hairm an E c c l e s 1 l e t t e r o f J a n u a r y 2 , 1 9 3 6 , t o C hairm an S t e v e n s o f t h e F e d e r a l R e s e r v e Bank o f C h ic a g o , a s t o t h e p r o c e d u r e t o b e f o l lo w e d w i t h r e s p e c t t o t h e s e l e c t i o n o f t h e r e p r e s e n t a ^ t i v e s t o s e r v e on t h e F e d e r a l Open M arket C om m ittee; R ep rod uced from th e U ncla ssified I D ecla ssified H o ld in g s o f th e N a tional A rch ive s *That t h e C hairm an o f t h e B oard b e a u t h o r i z e d and d i r e c t e d t o com m u n icate w i t h t h e F e d e r a l R e s e r v e B anks o f R ichm ond and A t l a n t a w i t h t h e v i e w o f h a v in g r e p r e s e n t a t i v e s o f th e t h r e e b oard s o f d ir e c t o r s m eet a t a c e n t r a l p o i n t j and t h a t t h e C hairm an o f t h i s b an k b e f u r t h e r a u t h o r i z e d , a f t e r a s c e r t a i n i n g t h e number o f d i r e c t o r s a g r e e d u p on t o r e p r e s e n t e a c h o f t h e b a n k s , t o a p p o in t a c o m m itte e o f d i r e c t o r s o f t h a t num ber fr o m t h i s b o a r d ; s u c h c o m m itte e t o h a v e f u l l pow er t o a c t f o r t h i s b ank a t t h e m e e t in g w hen h e l d * * 11 P u rsu an t t o t h e a c t io n o f our b oard o f d ir e c t o r s , I h ave t a k en up w i t h t h e F e d e r a l R e s e r v e B anks o f R ichm ond and A t l a n t a t h e m a t t e r o f a r r a n g in g a j o i n t c o n f e r e n c e o f d i r e c t o r s t o t i v e on t h e F e d e r a l Open M arket C o m m ittee . s e le c t th e r e p r e se n ta When I h a v e a s c e r t a i n e d t h e num ber o f d i r e c t o r s s e l e c t e d b y t h o s e b a n k s , I w i l l a p p o in t a s i m i l a r num ber fro m o u r b o a r d and w i l l , o f c o u r s e , a d v is e you th e r e s u l t o f t h i s c o n fe r e n c e * Y o u rs v e r y t r u l y , C hairm an o f t h e B oard nsa R ep rod uced from th e U ncla ssified F JN O . I D ecla ssified H o ld in g s o f th e N a tional A rchives e d e r a l LI. C A L K I N S , R e s e r v e B a n k o f Sa n F r a h c i s c o governor January 9 , 1 9 3 6 . AIRMAIL The H o n o r a b le M. S . E c c l e s , C h airm an , B oard o f G o v e r n o r s o f t h e F e d e r a l R e s e r v e S y s te m , W a s h in g to n , D . C. D ear S i r : A t t h e m e e tin g o f t h e B oard o f D i r e c t o r s o f t h i s bank h e l d t o d a y , t h e s e l e c t i o n o f a member o f t h e F e d e r a l Open M arket C o m m ittee w as d i s c u s s e d , and t h e members o f t h e B oard u n a n im o u s ly e x p r e s s e d e n t i r e a g reem en t w ith th e r e a s o n in g s e t f o r t h i n you r c o g e n t l e t t e r X -9 4 1 0 * d a t e d J a n u a r y 2, r e g a r d in g m em b ersh ip o f t h e F e d e r a l O p e n M a r k e t C o m m itte e . / I t seem s t o th em p r e p o s t e r o u s t h a t a n y b a n k e r , in v e s t m e n t b a n k e r , s t o c k b r o k e r , s h o u ld h a v e an o p p o r t u n i t y t o s i t on t h a t C o m m itte e , w it h i n c i d e n t a l a d v a n ta g e g a in e d fro m k n o w le d g e o b t a in e d th e r e • I t i s a l s o t h e i r v ie w t h a t i t i s p r e p o s t e r o u s t h a t s u e h mem ber, o r m em bers, s h o u ld h a v e t h e p o t e n t i a l pow er t o com p el a l l F e d e r a l R e s e r v e B ank s t o b u y o r s e l l i n t h e op en m a r k e t r e g a r d l e s s o f w h e th e r t h e y c o u ld s a f e l y do s o , o r n o t . s As a minimum r e q u ir e m e n t , members o f t h a t C om m ittee s h o u ld ( a s members o f t h e B oard o f G o v e r n o r s a r e r e q u i r e d t o ) d i v e s t them s e l v e s o f c o n n e c t io n w i t h , o r i n t e r e s t i n , a n y o r g a n i z a t i o n d i r e c t l y a f f e c t e d b y t h e o p e r a t i o n s o f t h e F e d e r a l Open M arket C o m m ittee . The fr a m e r s o f t h e a p p l i c a b l e p r o v i s i o n i n t h e A c t o b v io u s l y i n t e n d e d t o p r o v id e t h a t r e p r e s e n t a t i v e s o f t h e F e d e r a l R e s e r v e B anks s h o u ld b e i n f a c t r e p r e s e n t a t i v e s o f t h o s e b a n k s . I t i s a l s o t h e o p in io n o f t h i s B oard o f D i r e c t o r s t h a t , i f t h e s i t u a t i o n c a n n o t b e o t h e r w i s e r e m e d ie d , t h e A c t s h o u ld be b r i e f l y am ended f o r t h w i t h . Y o u rs v e r y t r u l y , m R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N a tional A rch ive s E x c e r p t from t h e m in u t e s o f t h e m e e t in g o f t h e B oard o f D i r e c t o r s o f t h e F e d e r a l R e s e r v e Bank o f D a l l a s , h e l d on J a n u a r y 7 , 1 9 3 6 . JAN - 7 T h e re w as p r e s e■1n----t e ■'■d■"... l eii t• t'>■— e--r..... ft-X -94L 01w■ nrurofrtr'f-----J ajrim nmuy,^ a r y 2 , 1itirx 9 u3ttu 6rnfw,r from x iifittnan-raniinin 1 njiijui,,,,..11 mll'n lftl* lt,* ii-iW Iin*.... rM t h e B oard o f G o v ern o rs o f t h e F e d e r a l R e s e r v e S y stem on t h e s u b j e c t o f s e l e c t i o n o f members o f t h e F e d e r a l Open M ark et C om m ittee t o s e r v e a f t e r M arch 1 , 1 9 3 6 , A f t e r d i s c u s s i o n , t h e f o l l o w i n g m o tio n by D i r e c t o r H o o k s, se c o n d e d b y D i r e c t o r M id d le t o n , c a r r i e d : " T h at t h i s b o a r d o f d i r e c t o r s i s i n f u l l a c c o r d w it h t h e v ie w s e x p r e s s e d i n C hairm an E c c l e s 1 l e t t e r o f J a n u a r y 2 , 1 9 3 6 , t o Chairm an S t e v e n s o f t h e F e d e r a l R e s e r v e Bank o f C h ic a g o , a s t o t h e p r o c e d u r e t o b e f o l lo w e d w it h r e s p e c t t o t h e s e l e c t i o n o f t h e r e p r e s e n t a t i v e s t o s e r v e on t h e F e d e r a l Open M ark et C o m m ittee; "T h at t h e C hairm an o f t h e B oard b e a u t h o r i z e d and d i r e c t e d t o com m u n icate w i t h t h e F e d e r a l R e s e r v e B anks o f R ichm ond an d A t l a n t a w it h t h e v ie w o f h a v in g r e p r e s e n t a t i v e s o f th e th r e e b oard s o f d ir e c t o r s m eet a t a c e n t r a l p o in t; and t h a t t h e C hairm an o f t h i s bank b e f u r t h e r a u t h o r i z e d , a f t e r a s c e r t a i n i n g t h e num ber o f d i r e c t o r s a g r e e d upon t o r e p r e s e n t e a c h o f t h e b a n k s , t o a p p o i n t a c o m m itte e o f d i r e c t o r s o f t h a t num ber from t h i s b o a r d ; su c h c o m m itte e t o h a v e f u l l p ow er t o a c t f o r t h i s b ank a t t h e m e e t in g when h e ld .” 193€ u R ep rod uced from th e U ncla ssified I D ecla ssified H o ld in g s o f th e N a tional A rch ive s * A' Fe d e r a l R e s e r v e B a n k o f N e w Y o r k rc: .J a n u a r y 6 , 1956■ D e a r G o v ern o r E c c l e s : I w is h t o a c k n o w le d g e r e c e i p t o f y o u r l e t t e r (X -9 4 1 0 ) o f J a n u a r y 2 , 1 9 5 6 , e n c l o s i n g a co p y o f a l e t t e r , b e a r in g t h e same d a t e , a d d r e s s e d b y y o u t o Mr. S t e v e n s , $r. C h airm an , F e d e r a l R e s e r v e Bank o f C h ic a g o , c o n c e r n in g t h e - inii m em b ersh ip and m eth od o f a p p o in tm e n t o f t h e members o f t h e / / -J F e d e r a l Open M ark et C om m ittee a s i t a f t e r M arch 1 , 1 9 3 6 . is to b e c o n s titu te d T h is l e t t e r w i l l b e b r o u g h t t o t h e a t t e n t i o n o f ou r B o a rd o f D i r e c t o r s a t i t s F a ith fu lly y o u r s, H on. M a r r in e r S . E c c l e s , C h airm an , B oard o f G o v ern o rs o f t h e F e d e r a l R e s e r v e S y s te m , W a sh in g to n , D .C . n e x t m e e tin g . m R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N a tional A rch ive s ^ ' / A / / ’r l/f'' J A -' W ' * ’ ' FEDERAL RESERVE BANK OF CHICAGO 2 3 0 SOUTH LA SALLE STREET OF THE THE BOARD AND ERVE AGENT J/ January 4 , 1956 j H on, l a r r i n e r S . E c c le s jS h a irm a n , B oard o f G o v e r n o r s y / o f t h e F e d e r a l R e s e r v e S y ste m W a s h in g to n , D. C. jr D ea r Mr. E c c l e s : I h a v e b e f o r e me y o u- ...r. >m li---e t t e r ' fo f J "iH a'rnTi'fffiT uWanr-ia# r y 2, 1 9 3 6 , w i t h r e f e r e n c e t o t h e q u e s t i o n o f o u r member o f t h e F e d e r a l Open M arket C om m ittee t o s e r v e a f t e r M arch 1 , 1 9 3 6 . You w i l l r e c a l l t h a t i n ray l e t t e r o f D ecem b er 1 6 , I se n t you a co p y o f t h e r e s o l u t i o n w h ic h h ad b e e n s e n t t o u s b y t h e C le a r in g H ouse A s s o c i a t i o n o f S t . L o u is w i t h o u t comment on my p a r t e x c e p t i n g t h a t we had a d v is e d t h e C l e a r in g H ouse t h a t t h e m a t t e r w ou ld b e p r e s e n t e d t o o u r board o f d ir e c t o r s . You w i l l t h e r e f o r e u n d e r s t a n d t h a t t h e i r s u g g e s t i o n w as n o t t h e r e b y c o n c u r r e d i n by t h i s o f f i c e . I am v e i y g l a d t o h a v e t h e e x p r e s s i o n o f t h e B o a r d ’ s o p in io n on t h i s m a t t e r and can a s s u r e y o u t h a t i t w i l l h a v e t h e c a r e f u l c o n s i d e r a t io n o f our board o f d ir e c t o r s . A f t e r c o n f e r r i n g w it h o u r b o a r d , I s h a l l b e g la d t o a d v i s e y o u o f an y v ie w s w h ic h i t V ery t r u l EMS HH h a s .o n t h i s s u b j e c t . R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N a tional A rch ive s FEDERAL R E SE R V E BOARD WASHINGTON ADDRESS OFFICIAL CORRESPONDENCE TO THE FEDERAL RESERVE BOARD X -9 4 1 0 Jan uary 2 , 1936 D ear S i r R e c e n t l y I r e c e i v e d from Mr* S t e v e n s , C h a ir man o f t h e F e d e r a l R e s e r v e Bank o f C h ic a g o > a l e t t e r ^ q u o t in g a r e s o l u t i o n a d o p te d b y a c l e a r i n g h o u s e a s s o c i a t i o n recom m en d in g t h a t t h e F e d e r a l R e s e r v e B anks o f S t . L o u is and C h ic a g o s e l e c t a s t h e i r member o f t h e Open M arket C om m ittee a man o f w id e e x p e r ie n c e i n b u s i n e s s and f i n a n c i a l a f f a i r s who i s n o t a n o f f i c e r o f e it h e r bank. The l e t t e r w as c o n s i d e r e d a t a m e e t in g o f th e B oard t o d a y and I am i n c l o s i n g , f o r t h e i n f o r m a t i o n o f t h e b o a rd o f d i r e c t o r s o f y o u r b a n k , a co p y o f my r e p l y w h ic h w as a p p r o v e d by t h e B o a r d . V ery t r u l y y o u r s , C hairm an TO CHAIRMEN OF ALL F* R. BANKS EXCEPT CHICAGO R e p rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N ational A rch ive s GOPI X~9410~a January 2 , 1 9 3 6 . Mr. E . M. S t e v e n s , C h airm an , F e d e r a l R e s e r v e Bank o f C h ic a g o , C h ic a g o , I l l i n o i s . D ear Mr. S t e v e n s t Y our l e t t e r o f D ecem ber 16 i n w h ic h y o u q u o t e d a r e s o l u t i o n o f a c l e a r i n g h o u s e a s s o c i a t i o n recom m en d in g t h a t t h e F e d e r a l R e s e r v e B anks o f S t . L o u is and C h ic a g o s e l e c t a s t h e i r member o f t h e Open M arket C o m m ittee a man o f w id e e x p e r ie n c e i n b u s i n e s s an d f i n a n c i a l a f f a i r s who i s n o t an o f f i c e r o f e i t h e r bank w as b r o u g h t t o t h e a t t e n t i o n o f t h e members o f t h e B o a rd . I n t h i s c o n n e c t io n s e v e r a l i n fo r m a l i n q u i r i e s w h ic h h a v e come t o t h e a t t e n t i o n o f t h e members o f t h e B oard o f G o v e r n o r s i n d i c a t e d t h a t t h e r e w as d o u b t a t some o f t h e F e d e r a l r e s e r v e b a n k s a s t o w h at c o u r s e s h o u ld b e f o l l o w e d w i t h r e s p e c t t o t h e s e l e c t i o n o f t h e i r r e p r e s e n t a t i v e s t o s e r v e a f t e r March 1 , .1936, a s members o f t h e F e d e r a l Open M ark et C o m m itte e . The la w i s s i l e n t a s t o t h e p r o c e d u r e w h ic h s h a l l b e f o l lo w e d by t h e b o a r d s o f d i r e c t o r s i n t h e s e l e c t i o n o f su ch r e p r e s e n ta t i v e s and i t d o e s n o t p l a c e upon t h e B oard o f G o v e r n o r s o f t h e F e d e r a l R e s e r v e S y ste m an y d u ty o r r e s p o n s i b i l i t y w i t h r e s p e c t t o t h e d e t e r m in a t io n o f su c h p r o c e d u r e . t h e B oard f e e l s H ow ever, s i n c e t h e q u e s t i o n h a s a r i s e n t h a t i t may b e o f some a s s i s t a n c e t o t h e d i r e c t o r s o f t h e F e d e r a l r e s e r v e b a n k s b y g i v i n g them i t s v ie w s and s u g g e s t i o n s r e g a r d in g t h e s e m a t t e r s . W ith o u t r e v ie w i n g i n d e t a i l t h e h i s t o r y o f t h e l e g i s l a t i o n , it is c l e a r t h a t th r o u g h o u t t h e d i s c u s s i o n s t h e p e r s o n s whom t h e R ep rod uced from the U ncla ssified I D ecla ssified H o ldings o f the N a tional A rchives -2 - X -9 4 1 0 -a p r o p o n e n t s o f r e p r e s e n t a t i o n o f t h e F e d e r a l r e s e r v e b a n k s on t h e Open M arket C om m ittee h ad i n m ind w ere th e G o v e r n o r s o f t h e F e d e r a l r e s e r v e b a n k s , a s shown f o r ex a m p le by t h e r e c o m m e n d a tio n s, o f t h e A m erican B a n k e r s ’ A s s o c i a t i o n , t h e R e s e r v e C it y B a n k e r s ’ A s s o c i a t i o n , an d t h e F e d e r a l A d v is o r y C o u n c i l. When, i n a d d i t i o n t o t h i s , th e f a c t i s ta k e n i n t o c o n s i d e r a t i o n t h a t t h e amendment to o k away from t h e F e d e r a l r e s e r v e b a n k s t h e p ow er o f d e c l i n i n g t o p a r t i c i p a t e i n op en m a rk et o p e r a t i o n s recom m ended b y t h e F e d e r a l Open M ark et C om m ittee an d i n s t e a d made th e d e c i s i o n s o f t h e c o m m itte e b in d i n g u pon t h e b a n k s , i t b eco m es e s p e c i a l l y s i g n i f i c a n t t h a t th e members o f t h e c o m m itte e t o b e s e l e c t e d b y t h e b a n k s a r e r e f e r r e d t o i n t h e am endm ent a s " r e p r e s e n t a t i v e s o f th e F e d e r a l r e s e r v e b a n k s ” . it is The B oard t h e r e f o r e b e l i e v e s t h a t c l e a r t h a t t h e C o n g r e ss i n t e n d e d t h a t t h e s e members s h o u ld b e p e r s o n s i n p o s i t i o n t o p r e s e n t a d e q u a t e ly t h e v ie w s o f t h e F e d e r a l r e s e r v e b an k s and t o s p e a k a u t h o r i t a t i v e l y f o r th em . A s id e from t h e s e c o n s i d e r a t i o n s i t i s e v i d e n t t h a t an y p e r s o n h a v in g o t h e r w i s e s a t i s f a c t o r y i n d i v i d u a l q u a l i f i c a t i o n s who m ig h t b e s e l e c t e d from o u t s i d e t h e o f f i c i a l p e r s o n n e l o f t h e F e d e r a l r e s e r v e b a n k s w o u ld a lm o s t c e r t a i n l y h a v e o r r e p r e s e n t i n t e r e s t s o f a b u s i n e s s o r i n v e s t m e n t c h a r a c t e r w h ic h m ig h t a f f e c t h i s a c t i o n a s a member o f t h e c o m m itte e . E ven th o u g h n o t i n f l u e n c e d by h i s p e r s o n a l i n t e r e s t s , t h e i r e x i s t e n c e m ig h t a f f e c t t h e p u b l i c i n t e r p r e t a t i o n o f t h e a c t i o n s o f t h e F e d e r a l Open M ark et C om m ittee i n w h ich h e p a r t i c i p a t e d . More o v e r , h e c o u ld n o t b e i n t i m a t e l y a c q u a in t e d w it h t h e a f f a i r s o f t h e R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f the N a tional A rchives -5 - X -9 4 1 0 -a member b a n k s and t h e F e d e r a l r e s e r v e b a n k s , th e f i n a n c i a l p o l i c i e s o f t h e G o v ern m en t, and o t h e r p h a s e s o f m o n eta ry m a t t e r s t o t h e e x t e n t t h a t w o u ld b e d e s i r a b l e and a s f u l l y a s w o u ld b e p o s s i b l e i n t h e c a s e o f r e p r e s e n t a t i v e s who s e r v e d o n ly t h e F e d e r a l r e s e r v e b a n k s . A lth o u g h h e w o u ld h a v e a v o t e , h i s c o n t r i b u t i o n t o t h e d e l i b e r a t i o n s o f t h e c o m m itte e w o u ld b e more l i k e l y t h a t o f a c o n s u lt a n t or a d v is e r c a l l e d i n a t t h e m e e t in g s th a n t h a t o f a t r u e sp okesm an f o r t h e F e d e r a l r e se r v e b an k s. It is a p p a ren t t h a t th e s i t u a t i o n a l s o p r e s e n t s th e q u e s tio n o f an a p p r o p r ia t e m eth od by w h ich th e d i r e c t o r s o f t h e b a n k s may c o n t a c t e a c h o t h e r and d e te r m in e t h e i r s e l e c t i o n s i n a m u t u a lly s a t i s f a c t o r y m anner and i t see m s t o t h e B oard t h a t t h i s m ig h t b e a c c o m p lis h e d by p r e l i m i n a r y m e e t in g s b e tw e e n c o m m itte e s o f d i r e c t o r s o f t h e b a n k s who c o u ld b e a u t h o r i z e d t o f o r m u la t e p r o c e d u r e and make r e c o m m e n d a tio n s f o r t h e c o n s i d e r a t i o n o f t h e f u l l b o a rd o f d i r e c t o r s o f e a c h F e d e r a l r e s e r v e bank c o n c e r n e d . The B oard w i l l b e g l a d t o b e a d v is e d a s t o t h e v ie w s o f t h e d i r e c t o r s o f y o u r bank r e g a r d in g t h e s e s u g g e s t i o n s . V ery t r u l y y o u r s , ( S ig n e d ) M. S. E c c le s M. S . E c c l e s , C h a irm a n . R ep rod uced from the U ncla ssified / D e cla ssified H o ld in g s o f the N a tio n a l A rchives II ! | January 2 , 1936. Chairman I X-9410 ©•er Sir* Recently t recetwd from Stevene, Chairman H r* of the federal, % * m r m Bank of Chicago, * letter quot ing & resolution adopted bgr * clearing houM association rurraienfling that the Federal Reeerw Banka of St, Louie end Chlosgo select as their member Coaaitta* a ass the Open Harfcet o f of vide experience ia business and financial affaire who ie not an officer of either bank. The lett*r wae considered at a nesting o f the Board today and X an inclosing* for the inforaatioo of the b o a rd o f directors o f y©«r bank, a copy o f which wae approved by the Board* ?«ry truly yours* It* 6 * S o to ies^ Chairman. TO CHORHES OF ALL F. E* BAiiKS EXCEPT CHICAGO* «y reply R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f the N ational A rchives ^ ^ I& Qm&rmm Mr* 1* X* Stevens, Chairman, fmdmrmX Reaerve Bank of Chicago, Chicago, Illinois. Deer Ilk1* Sttvrnit four letter of December 16 in which you quoted a resolution of that tha Fader*! Reeerws Banka of @t# Louia and Chicago select aa their nenfeor of the Open Mar ket Coaalttee a awwn- of wide experience in bualaass an** fimuicial affaire who i» not an officer of aitliar bank waa brought to the attention of the ■wmnHyya of ytia Board# which have m m In ♦nlH# connection i&fornal inquirlae to tha attention of the aeabero of the Board of Governors indicated that there waa doubt at son* of the Federal reaerve banka aa to what couma should ba followed with reapect to tha selection of their representative* to serve after Starch 1, 1956, aa aeabers of the Federal Open Haifcet Coaalttee. the lav la silent aa to the procedure which ahaII ba followed by the boards of directors In the selection of such representatives and it doas not place upon tba Board of Governors of the Fadaral Ba* aerre or responsibility with respeet to tha determina tion of auch procedure* Boerd feela that it m y However, since tba question has arisen tha bo of ao«a assistance to tha directors of tba Fadaral reserve banks by giving than Its views and suggestions regard* lug tbaaa natters* Sithout reviewing in detail the history of the legislation, It la clear that throughout the discussions the parsons whoa the proponents R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N a tional A rch ive s of representation of tha Federal reserve bunks on the Upon M&rket Co*» aittee had In mind war* the Governors of the Federal reserve bank*, mi shown for **aaple by the recoaaendatlons of the Aaerloan Banker** Assoeia* lion, the Beserve City Banker** Aaeoci&tlon, and the Federal Advi*ory Council* When, in addition t© thi*f t be feet la taken into considera tion that th* aaendaeat took away froa the Federal rs*erf»- bank* the poepr of declining to participate in open aarket operation* recommended by the Federal Open Market. Coaaittee and tffrfttesd a*«ie the deoieian* of the coaaittee binding upon the bank*# i t beeea*s especially significant that the aeaber* of th* coaaittee to be **l*et*d by the bank* are referred to in the *»*nda*at as *repreaentati*es of the Federal reaerve bank*** The Board therefore believe* that it i* eXear that the Congress intended that th**e a n t e s *houid be per*on* in position to present adequately the wises of the Federal reeerve bank* and to speak authoritatively for then* Aside froa these considerations it is evident that any person having otherwise satisfactory individual qualification* who eight he *«leeted fro* outside the official personnel of the Federal reserve bank* would alaoat eertainly have or repareaent interests of a business or investment character which *%ht affect his action as a aeaber of the coaaittee* Bven though not influenced by his personal Interests# their existence eight affect the public interpretation of the actions of the Federal Open Market Coaaittee in which he participated* Moreover, he ©ould not be intiaately acquainted with the ftffalr* of the aeaber banks and the Federal reserve banks# the financial policies of the Government, and other phases of monetary mtters to the extent that would be desirable R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N ational A rchives and as fully as would bo possiblo In tbo ease of reparo»©at&tliro» who served only tho Fodoral rosorvo bank*. Although bo would have a vote* bio contribution to tbo deliberation* of tho comlttoo would bo sore likoly that of a con*ultant or adviser called in at tbo Mooting* than that of a truo *pokosiiaa for tho Fodoral rosorve banks* It lo apparent that tbo oituatlon also proeent* tbo quostion of an approprlato eotbod by which tbo director* of tbo bank* e&y con tact each otber and dotoraiae tboir eoleetlono in a outually aaii©factory aannor and it aeoaus to tbo Board that tbio eight be aoooapliahod by prellsinary aoeting* betweon coanlttee* of direetors of the banka who oould be authorised to femulate procedure and make rocownond&tloiui for tbo consideration of tbo full board of director* of oaeb Fodoral reserve bank oonoornod* Tha Board will be glad to bo advised as to tho views of the directors of your bank regarding tbese suggestions# Very truly your*, K« &m Bodes, 0 h a lr s * tt# R e p rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f th e N ational A rchives Ctialmstt m t m *r. I* I. Steweoa, Chalrnsn* Federal Reaerw* Bank o f Chicago* Chle&gd} Illinois. 9!LfeteS»4Mb tftwk M i r HIP# IflHft da—IMtMlie1 > lo w letter o f Deoenber 16 In . which you a resolution ©f a y ? h A »— tiny*!*t-ifli rerm— irmHTig that tht fcdtnd Tiewei>n R«nit« of St.* I*****!# anf Chicago select as thtlr aenber of Open Icat. Coanlttee a w m of wide esperleone is business and financial affairs who Is aot as offieer of either bank was brought to tha attention of tha neabwrs of the Board* which have ©owe to la th is %ha attention o f eonaeeiiaa sewral infora&l inquiries the aeabers of the Board of Goitraora Indicated that there was doubt at soae of the Federal reserve banka aa to what course should be followed with respect to tha selection of their representatives to serve after March lf 1986* aa aeabers of tha Federal Open liarket Coanlttee* Tha lav la silent aa to tha procedure which shall be followed by tha boards of directors ia tha selection of such representatives &nd it does not place upon tha Board of Governors of tha Fadaral Ra~ serve fljgraftwi any duty or responsibility with respect to the determinal tlon of such procedure. However, since the question baa arisen tha Board faala that it m y ba of aoaaa assistance to tlia directors o f tha Fadaral reserve banka by giving thea its views and suggestions regard ing these natters* Without reviewing la detail tha history of tha legislation* It Is clear that throughout tha discussions tha parsons whoa the proponents r '/>*/?(> C D )W 0 L ZD R ep rod uced from the U ncla ssified I D ecla ssified H o ldings o f the N ational A rchives o f r e p r e s e n t a t i o n o f t h e F e d e r a l r e s e r v e b a n k s on t h e Ooen M arket Com m i t t e e had i n m ind w e re t h e G o v e r n o r s o f th e F e d e r a l r e s e r v e b a n k s , a s shown f o r e x a m p le b y t h e re c o m m e n d a tio n s o f t h e A m erican B a n k e r s 1 A s s o c i a t i o n , t h e R e s e r v e C i t y Banker®* A s s o c i a t i o n , and t h e F e d e r a l A d v is o r y C o r n e ll, When, i n a d d i t i o n to t h i s , t h e f a c t i s 'taken i n t o c o n s i d e r a t i o n t h a t t h e amendment t o o k aw ay from t h e F e d e r a l r e s e r v e b a n k s t h e pow er o f d e c l i n i n g t o p a r t i c i p a t e i n op en m a r k e t o p e r a t i o n s recom m ended b y t h e F e d e r a l Open M arket C om m ittee a n d i n s t e a d made t h e d e c i s i o n ® o f t h e c o m m itte e b in d in g upon t h e b a n k s , i t b eco m es e s p e c i a l l y s i g n i f i c a n t that- t h e mem bers o f t h e c o m m itte e t o b e s e l e c t e d b y t h e b a n k s a r e r e f e r r e d t o i n t h e am endm ent a a " r e p r e s e n t a t i v e o f t h e F e d e r a l r e s e r v e b a n k s * . The B oard t h e r e f o r e b e l i e v e s t h a t i t i s c l e a r t h a t th e C o n g r e s s in t e n d e d t h a t t h e s e m em bers s h o u ld b e p e r s o n s i n p o s i t i o n to p r e s e n t a d e q u a te ly t h e v i e w s o f t h e F e d e r a l r e s e r v e b a n k s smd t o sp e a k a u t h o r i t a t i v e l y f o r th e /a . A s id e from t h e s e c o n s i d e r a t i o n s i t i s e v id e n t th a t any p erson h a v in g o t h e r w i s e s a t i s f a c t o r y i n d i v i d u a l q u a l i f i c a t i o n s 'who -m ight b e s e l e c t e d fr o ® o u t s i d e th o o f f i c i a l -p e r so n n e l o f t h e F e d e r a l r e s e r v e b a n k s Ksould a lm o s t c e r t a i n l y h a v e o r r e p r e s e n t i n t e r e s t s o f a b u s i n e s s o r I n v e s t m e n t c h a r a c t e r w h ic h m ig h t a f f e c t h i s a c t i o n a s a member o f t h e c o m m itte e . Even th o u g h n o t i n f l u e n c e d b y h i s p e r s o n a l i n t e r e s t s , t h e i r e x i s t e n c e m ig h t a f f e c t th o p u b l i c i n t e r p r e t a t i o n o f -tho a c t i o n s o f th e F e d e r a l Open M arket C o s n a iite e i n w h ich h e p a r t i c i p a t e d * M oreover, he c o u ld n o t b e i n t i m a t e l y a c q u a in t e d w it h t h e a f f a i r s o f t h e member b a n k s and t h e F e d e r a l r e s e r v e b a n k s , t h e f i n a n c i a l p o l i c i e s o f t h e G o v ern m en t, and o t h e r p h a s e s o f m o n e ta r y m a tter® t o t h e e x t e n t t h a t w o u ld b e d e s i r a b l e R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f the N a tional A rchives an d a s f u l l y a s w o u ld b e p o s s i b l e l a th© c a s e o f r e p r e s e n t a t i v e who s e r v e d o n l y t h e F e d e r a l r e s e r v e b a n k s# h i s c o n tr ib u tio n A lth o u g h h e w o u ld h a v e a v o t e , t o t h e d e l i b e r a t i o n s o f t h e c o r e s ! t t e e w o u ld b e m ore l i k e l y t h a t o f a c o n s u l t a n t o r a d v i s e r cmlltd i n a t th e m e e t i n g s th a n t h a t o f a t r u e sp ok esm an f o r t h e F e d e r a l r e s e r v e b an k s* I t i s ap p a ren t th a t th e s i t u a t io n a ls o p r e s e n ts th e q u e s tio n of m a p p r o p r ia t e m eth od b y w h ic h t h e d i r e e t o r s o f t h e b a n k s may co n t a c t e a c h o t h e r and d e te r r a in e t h e i r s e l e c t i o n s ‘i n a m u t u a lly s a t i s f a c t o r y a a n n e r and i t s e e a s t o t h e B oard t h a t t h i s m ig h t b e a c c o m p lis h e d b y p r e l i m i n a r y m e e t in g s b e tw e e n c o m r a itte e s o f d i r e c t o r s o f t h e b a n k s who c o u ld b e a u t h o r i s e d t o f o r m u la t e p r o c e d u r e and make r e c o m m e n d a tio n s f o r t h e c o n s i d e r a t i o n o f t h e f u l l b o a rd o f d i r e c t o r s o f e a c h F e d e r a l r e s e r v e b an k c o n c e r n e d . The B oard w i l l b e g l a d t o b e a d v i s e d a s t o t h e v ie w s o f t h e d i r e c t o r s o f y o u r b an k r e g a r d in g t h e s e s u g g e s t i o n s * V e ry t r u l y y o u r s , If* S . E c c l e s , C h airm an . CM/acw R e p rod uced from the U ncla ssified I D e cla ssified H o ld in g s o f the N atio n a l A rch ive s 3 FED ER A L R ESER VE BO ARD WASHINGTON D ecem ber 3 0 , 1 9 3 5 . Mr. E c c l e s : T he a t t a c h e d d r a f t o f a l e t t e r t o M r. S t e v e n s i s s u b m it t e d f o r y o u r c o n s i d e r a tio n in reg a rd to th e p rocedu re fo r s e l e c t i n g r e p r e s e n t a t iv e s o f th e F e d e r a l r e s e r v e b an k s on t h e new o p en m a r k e t com m itte e . I f y o u a p p r o v e o r a f t e r m ak in g su ch changes a s you d e s ir e th e l e t t e r w i l l t h e n b e c i r c u l a t e d t o t h e o t h e r B o a rd mem b ers. I t w o u ld b e e x p e c t e d t h a t a co p y o f t h i s l e t t e r w o u ld b e s e n t t o e a c h o f t h e o th e r F e d e r a l r e s e r v e banks f o r t h e i r in fo r m a tio n . S e c r e ta r y . CM yd R ep rod uced from the U ncla ssified I D ecla ssified H o ldings o f the N ational A rchives FEDERAL RESERVE BOARD W A S H IN G T O N a d d r e s s offi ci al c o r r e s p o n d e n c e t o THE FEDERAL RESERVE BOARD Mr. E . M. S t e v e n s , C h airm an , F e d e r a l R e s e r v e Bank o f C h ic a g o , C h ic a g o , I l l i n o i s . D ear Mr. S t e v e n s : Y our l e t t e r o f D ecem ber 16 w i t h w h ic h y o u i n c l o s e d a cop y o f a r e s o l u t i o n o f a c l e a r i n g h o u s e a s s o c i a t i o n recom m en d in g t h a t t h e F e d e r a l R e s e r v e B an k s o f S t . L o u is and C h ica g o s e l e c t a s t h e i r member o f t h e Open M ark et C om m ittee a man o f w id e e x p e r i e n c e i n b u s i n e s s and f i n a n c i a l a f f a i r s who i s n o t an o f f i c e r o f e i t h e r bank was b r o u g h t t o t h e a t t e n t i o n o f t h e m em bers o f t h e B o a r d . In t h i s c o n n e c t io n s e v e r a l i n f o r m a l i n q u i r i e s w h ic h h a v e come t o t h e a t t e n t i o n o f t h e m em bers o f t h e B oard o f G o v e r n o r s i n d i c a t e d t h a t t h e r e w as d o u b t a t som e o f t h e F e d e r a l r e s e r v e b a n k s a s t o Yfhat c o u r s e s h o u ld b e f o l l o w e d w it h r e s p e c t t o t h e s e l e c t i o n o f t h e i r r e p r e s e n t a t i v e s t o s e r v e a f t e r March 1 , 1 9 5 6 , a s m em bers o f t h e F e d e r a l Open M arket C o m m itte e . T he la w i s s i l e n t a s t o t h e p r o c e d u r e w h ic h s h a l l b e f o l lo w e d t y t h e b o a r d s o f d i r e c t o r s i n t h e s e l e c t i o n o f s u c h r e p r e s e n t a t i v e s and i t d o e s n o t p l a c e u p on t h e B oard o f G o v e r n o r s o f t h e F ed e r a l R e s e r v e S y s te m any d u t y o r r e s p o n s i b i l i t y w i t h r e s p e c t t o t h e d e t e r m in a t i o n o f su c h p r o c e d u r e . H ow ever, s i n c e t h e q u e s t i o n h a s a r i s e n t h e B o a rd f e e l s t h a t i t may b e o f som e a s s i s t a n c e t o t h e d i r e c t o r s o f t h e F e d e r a l r e s e r v e b a n k s b y g i v i n g th em i t s v i e w s and s u g g e s t i o n s r e g a r d in g t h e s e m a t t e r s . R ep rod uced from the U ncla ssified / D ecla ssified H o ldings o f the N ational A rchives Mr. E . M. S t e v e n s - (2 ) W ith o u t r e v i e w i n g i n d e t a i l t h e h i s t o r y o f t h e l e g i s l a tio n , i t is c l e a r t h a t th r o u g h o u t t h e d i s c u s s i o n s t h e p e r s o n s whom t h e p r o p o n e n t s o f r e p r e s e n t a t i o n o f t h e F e d e r a l r e s e r v e b a n k s on t h e Open M arket C om m ittee h ad i n m ind w e re t h e G o v e r n o r s o f t h e Fed e r a l r e s e r v e b a n k s , a s s h o r n f o r ex a m p le b y t h e r e c o m m e n d a tio n s o f t h e A m erica n B a n k e r s ’ A s s o c i a t i o n , t h e R e s e r v e C it y B a n k e r s 1 A s s o c i a t i o n , and t h e F e d e r a l A d v is o r y C o u n c il. th e fa c t i s When, i n a d d i t i o n t o t h i s , ta k e n i n t o c o n s i d e r a t i o n t h a t t h e amendment t o o k away from t h e F e d e r a l r e s e r v e b a n k s t h e p ow er o f d e c l i n i n g t o p a r t i c i p a t e i n o p en m a r k e t o p e r a t i o n s recom m ended b y t h e F e d e r a l Open M arket C o m m ittee and i n s t e a d made t h e d e c i s i o n s o f t h e c o m m itte e b in d in g upon t h e b a n k s , i t b eco m es e s p e c i a l l y s i g n i f i c a n t t h a t t h e members o f t h e c o m m itte e t o b e s e l e c t e d by t h e b a n k s a r e r e f e r r e d t o i n t h e am endm ent a s ’’r e p r e s e n t a t i v e s o f t h e F e d e r a l r e s e r v e b a n k s " . The B oard t h e r e f o r e b e l i e v e s t h a t i t is c l e a r t h a t t h e C o n g ress in t e n d e d t h a t t h e s e m em bers s h o u ld b e p e r s o n s i n p o s i t i o n t o p r e s e n t a d e q u a t e l y t h e v ie w s o f t h e F e d e r a l r e s e r v e b an k s and t o s p e a k au t h o r i t a t i v e l y f o r th e m . A s id e from t h e s e c o n s i d e r a t i o n s i t is e v i d e n t t h a t any p e r s o n h a v in g o t h e r w i s e s a t i s f a c t o r y i n d i v i d u a l q u a l i f i c a t i o n s who m ig h t b e s e l e c t e d from o u t s i d e t h e o f f i c i a l p e r s o n n e l o f t h e F ed e r a l r e s e r v e b an k s w o u ld a lm o s t c e r t a i n l y h a v e o r r e p r e s e n t i n t e r ests o f a b u s i n e s s o r in v e s t m e n t c h a r a c t e r w h ich m ig h t a f f e c t h i s sag R e p rod uced from th e u n cla ssifie d I D ecla ssified H o ld in g s o f th e N atio n a l A rch ive s Mr. E . M. S t e v e n s - (3 ) a c t i o n a s a member o f t h e c o m m itte e . E ven thojagh n o t i n f l u e n c e d by h is p e r s o n a l i n t e r e s t s , t h e i r e x is t e n c e a f f e c t th e p u b lic i n t e r p r e t a t i o n o f t h e a c t i o n s o f t h e F e d e r a l Open M ark et C om m ittee i n w h ic h h e p a r t i c i p a t e d . M o r e o v e r , h e c o u ld n o t b e i n t i m a t e l y a c q u a in t e d w i t h t h e a f f a i r s o f t h e member b a n k s an d t h e F e d e r a l r e s e r v e b a n k s , t h e f i n a n c i a l p o l i c i e s o f t h e G o v e r n m e n t, and o t h e r p h a s e s o f m o n e ta r y m a t t e r s t o t h e e x t e n t t h a t w o u ld b e d e s i r a b l e and a s f u l l y a s w o u ld b e p o s s i b l e i n t h e c a s e o f r e p r e s e n t a t i v e s who s e r v e d o n ly t h e F e d e r a l r e s e r v e b a n k s . A lth o u g h h e w ou ld h a v e a v o t e , h i s c o n t r i b u t i o n t o t h e d e l i b e r a t i o n s o f t h e c o m m itte e w o u ld b e m ore l i k e l y t h a t o f a c o n s u l t a n t o r a d v i s e r c a l l e d i n a t t h e m e e t in g s t h a n t h a t o f a t r u e sp ok esm an f o r t h e F e d e r a l r e s e r v e b an k s. Wrbh t h e s e c o n s i d e r a t i o n s i n m ind and o t h e r s t h a t may b e R ep rod uced from the U ncla ssified I D e cla ssified H o ld in g s o f th e N a tional A rchives M r. E . M. S t e v e n s - (4 ) p o s it io n he w i l l occup y he w i l l be i n p o s it io n t o b e c o n f i d e n t i a l ^ , , in fo r m e d c u r r e n t l y o f t h e f a c t s t h a t w i l l e n t e r i n t o t h e d e l i b e r a t i o n s and d e c i s i o n s o f t h e c o m m it t e e . ' " I n m a k in g ^he s e l e c t i o n , c o n s i d e r a t i o n m ig h t a l s o b e g i v e n .j5* t o t h e a d v i s a b i l i t y o f t h e a d o p t i p a ' o f a p r o c e d u r e w h ereb y i n t h e c a s e o f tw o F e d e r a l r e s e r y ^ S a n k s t h e ' P r ^ i d e n t o f e a c h b an k m ig h t ‘“xs e r v e a s a member # V e iy o t h e r y e a r , t h e P r e s i d e n t ' l l 1 t h e o t h e r b ank ^ *<*** s e r v in g a s „ M e a l t e r n a t e . '^ %> In th e ca se o f th r e e F ed eral r e se r v e b a ^ k s^ th e r e p r e s e n t a t i o n c o u ld b e r o t a t e d among t h e t h r e e b a n k s . It is ap paren t th a t th e s it u a t io n a ls o p r e se n ts th e q u es t i o n o f an a p p r o p r ia t e m eth od b y w h ic h t h e d i r e c t o r s o f t h e b a n k s may c o n t a c t e a c h o t h e r and d e t e r m in e t h e i r s e l e c t i o n s i n a m u t u a lly s a t i s f a c t o r y m anner and i t see m s t o t h e B o a rd t h a t t h i s m ig h t b e a c c o m p lis h e d b y p r e l i m i n a r y m e e t in g s b e tw e e n c o m m itte e s o f d i r e c t o r s o f t h e b a n k s who c o u ld b e a u t h o r i z e d t o f o r m u la t e p r o c e d u r e and maJce r e c o m m e n d a tio n s f o r t h e c o n s i d e r a t i o n o f t h e f u l l b o a r d o f d i r e c t o r s o f e a c h F e d e r a l r e s e r v e b an k c o n c e r n e d . T he B o a rd w i l l b e g l a d t o b e a d v i s e d a s t o t h e v i e w s o f t h e d i r e c t o r s o f y o u r b ank r e g a r d in g t h e s e s u g g e s t i o n s . V ery t r u l y y o u r s , Chester Morrill, Secretaiy. k AS- R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f the N ational A rchives X -9 4 1 0 - a J a n u a r y 2 , 1936* Mr. £ • II* S t e v e n s , C h a irm a n , F e d e r a l R e s e r v e Ba.nk o f C h ic a g o , C h ic a g o , I l l i n o i s * D ear Mr* S t e v e n s : l o u r l e t t e r o f D ecem ber 1 6 w i t h w h ic h y o u i n c l o s e d a cop y o f a r e s o l u t i o n o f a c l e a r i n g h o u se a s s o c i a t i o n recom m en d in g t h a t t h e F e d e r a l R e s e r v e B a n k s o f S t* L o u is and C h ic a g o s e l e c t a s t h e i r member o f t h e Open M ark et C om m ittee & man o f w id e e x p e r i e n c e in b u s i n e s s and f i n a n c i a l a f f a i r s who l a n o t an o f f i c e r o f e i t h e r b a sk wag b r o u g h t t o t h e a t t e n t i o n o f t h e m em bers o f t h e B o a r d . In t h i s c o n n e c t io n s e v e r a l i n f o r m a l i n q u i r i e s w h ic h h a v e come t o t h s a t t e n t i o n o f t h e m em bers o f t h e B oard o f G o v e r n o r s i n d i c a t e d t h a t t h e r e was d o u b t a t som e o f t h e F e d e r a l r e s e r v e b a n k s a s t o w h at c o u r s e s h o u ld b e f o l l o w e d w it h r e s p e c t t o t h e s e l e c t i o n o f t h s i r r e p r e s e n t a t i v e s t o s e r v e a f t e r March 1 , 1 9 3 6 , a© m em bers o f t h e F e d e r a l Open M arket C o m m itte e . T h e la w i s s i l e n t a e t o t h e p r o c e d u r e w h ich s h a l l b e f o l lo w e d try* t h e b o a r d s o f d ir e c t o r © t i v e s and i t in th e s e l e c t i o n o f su ch r e p r e s e n ta d o e s n o t p l a c e u p o n t h e B oard o f G o v e r n o r s o f t h s F ed e r a l R e s e r v e S y s te m an y d u ty o r r e s p o n s i b i l i t y w it h r e s p e c t t o t h s d e t e r m in a t io n o f su c h p r o c e d u r e . H ow ever, s i n c e t h e q u e s t i o n h a s a r i s e n t h e B o a rd f e e l s t h a t i t may b e o f som e a s s i s t a n c e t o t h e d i r e c t o r s o f t h e F e d e r a l r e s e r v e b a n k s b y g i v i n g th em i t s v i e w s an d s u g g e s t i o n s r e g a r d in g t h e s e m a t t e r s . r R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f the N a tional A rchives Mr* E* M, S t e v e n s - {£ } W ith o u t r e v i e w i n g i n d e t a i l th® h i s t o r y o f t h e l e g i s l a tio n , i t is c l e a r t h a t t h r o u g h o u t t h e d i s c u s s i o n s t h e p e r s o n s who» t h e p r o p o n e n t s o f r e p r e s e n t a t i o n o f t h e F e d e r a l r e s e r v e b a n k s on t h e Open M ark et Goms&tte© h ad i n a i n d w e r e t h e G o v e r n o r s o f t h e Fed e r a l r e s e r v e b a n k s , a s show n f o r e x a m p le b y t h e r e c o m m e n d a tio n s o f t h e A m erica n B a n k e r s 1 A s s o c i a t i o n , t h e R e s e r v e C i t y B a n k e r s 1 A e s o c i a t l o n , and t h e F e d e r a l A d v is o r y C o u n c il* W hen, .in a d d i t i o n t o t h i s , t h e f a c t i s ta k e n i n t o c o n s i d e r a t i o n t h a t t h e amendment t o o k aw&y fr o ® t h e F e d e r a l r e s e r v e b a n k s t h e p ow er o f d e c l i n i n g t o p a r t i c i p a t e i n o p en m a r k e t o p e r a t io n ® reco a m en d ed b y t h e F e d e r a l Open M arket C o m m ittee and i n s t e a d made t h e d e c i s i o n s o f t h e c o m m itte e b in d in g upon t h e b a n k s , i t b eco m es e s p e c i a l l y s i g n i f i c a n t t h a t t h e member© o f t h e c o w a i t t e e t o b e s e l e c t e d by t h e b a n k s a r e r e f e r r e d t o i n t h e am endm ent m # r e p r e © e n t& t iv e s o f t h e F e d e r a l r e s e r v e b a n k s " . T he B oard t h e r e f o r e b e l i e v e s t h a t i t is c l e a r t h a t t h e C o n g r e ss i n te n d e d t h a t t h e s e m em bers s h o u ld b e p e r s o n s i n p o s i t i o n a d e q u a t e l y t h e v ie w s o f t h e F e d e r a l r e s e r v e b a n k s and t o to p resen t s p e a k au t h o r i t a t i v e l y f o r th e m . A s id e from t h e s e c o n s id e r a t io n ® i t i s e v i d e n t t h a t an y p e r s o n h a v in g o t h e r w i s e s a t i s f a c t o r y i n d i v i d u a l q u a l i f i c a t i o n s who m ig h t b e s e l e c t e d from o u t s i d e t h e o f f i c i a l p e r s o n n e l o f t h e Fed e r a l r e s e r v e b a n k s m ould a lm o s t c e r t a i n l y h a v e o r r e p r e s e n t i n t e r e sts of a b u s i n e s s o r i n v e s t m e n t c h a r a c t e r w h ich m ig h t a f f e c t h i s Reproduced from the Unclassified I Declassified Holdings of the National Archives '/•/X Hr* I . i * Stevens « (5 ) action a s a member of the committee* by Even though not in flu enced hie personal interests, their e x ig e n c e m m a t affect the public interpretation o f the actions of the Federal Open Market Committee in which he participated. Moreover, he could not be in tim ately acquainted with the affaire of the member bank® and the fe d e r a l re se rv e phases banks, the fin a n c ia l p o lic ie s o f the Government, and other of monetary matters to the extent that would be desirable and ae fully as would be possible In the case of r epr e s©nt&tives who served only the Federal reserve banks, .Although he would have a vote, h ie co n tribu tion to the deliberations o f the committee would be more likely that of a consultant or adviser called in a t the meetings than that o f a true spokesman fo r the F ed eral reserve banks* Wi it e ra tio n s i n m ind and oth ers that may b e - com© apparen r study o f t h e matter i t i s i t w i l l be e be P resid en t o f a F ederal re s «fv © bank i s the lo g i c a l person fo r M lifc ^ o n by the board. o f d ire c to rs as the o f h i s d i s t r i c t and the views o f h is d ir e c t o r s . His i»te r*$ t$ ^ w ill- *>« those o f the fe d e r a l re se rv e @yst*M, and by v ir tu e o f the he U ncla ssified I D ecla ssified H o ld in g s o f the N ational A rchives H r , X» § * S W tw t* * (4 } >#ltle» bo will oeeugy l*o will bo in poeition to b* ©iirraatly of tli# faota that *111 antar lato^MSldalibara- o«*o of in© Fadar&l rpotfrr^baaka tha Fratldaat of aaoh ba»k Bight I t la apparent that tha situation alao tlaa of an appropriate aathod by nfelch tlia dlraotora of tit btalt m^T ooetact oaoh othor and datarolaa tholr i«l»«tlon» In & mutually aatlaf&ctory m m m m t m i It aaaoa to tha Board that thl* night ba aooaapllahad by ^alJ*iiiary aaatings batwaan ooaftlttaaa tor# of tho «ho o f o f tha fall board oaeti fodoral roaorva bank conearnad. tha Board will bo glad to bo adviaad a* to tho dlraotora af your- bank fary truly youre, UMNwHT SOFrXJuLf Sacrat&ry* Cl yd dirao- ba autborlaad to fonulata prooadura nalte# fnoii— an<i»it.>m> for tlw oonaldaar&tloii of dlrastora o f the riawa o f R ep rod uced from the U ncla ssified I D ecla ssified H o ld in g s o f the N a tional A rch ive s i'o rm .N o . 131 FEDERAL RESERVE BOARD O f f i c e C o r r e s p o n d e n c e T o____ G o v ern o r E c c l e s . F r n m Mr. Szym czak D ate D ecem ber 1 7 , 1 9 5 5 .__ Subject: 16—852 I sp o k e t o G o v ern o r G eery o f t h e M in n e a p o lis b a n k , t o G overn or H a m ilto n o f t h e K ansas C i t y b a n k , and t o G o v ern o r C a lk in s o f t h e San F r a n c i s c o bank w it h r e f e r e n c e t o t h e m eth od t h e y a r e t o a d o p t i n t h e c h o i c e o f a r e p r e s e n t a t i v e o f t h o s e t h r e e b a n k s on t h e Open M ark et C o m m itte e . A fte r c o n s id e r a b le d i s c u s s i o n w it h e a c h , I s u g g e s t e d t h a t p e r h a p s a c h o i c e o f t h r e e d i r e c t o r s , t o b e a p p o in t e d b y e a c h b o a r d , m ig h t m e et a t a c e n t r a l p o i n t - su c h a s D en v er - and d i s c u s s f u l l y t h e m ethod o f a p p o in tm e n t and h a v e su ch m ethod a p p r o v ed by t h e i r b o a r d s a t t h e i r f o l l o w i n g m e e t i n g s . T hey seem ed t o a g r e e t o t h i s p r o p o s a l , and a d v is e d me t h a t t h e y w ould c o n t a c t e a c h o t h e r a t o n c e u p o n some su ch b a s i s . I a l s o sp o k e t o G o v ern o r M cK inney o f D a l l a s and t o G overn or N ew ton o f A t l a n t a a b o u t t h e c h o i c e o f a r e p r e s e n t a t i v e f o r t h e D a l l a s , A t l a n t a and Richm ond b a n k s , and made t h e same s u g g e s t i o n t o th e m . T hey p r o m ise d t o d i s c u s s th e m a t te r w it h e a c h o t h e r and w it h G o v ern o r S e a y o f t h e R ichm ond bank some tim e d u r in g t h e i r s t a y i n W a sh in g to n f o r t h e Open M arket C om m ittee m e e t in g on t h e 1 7 t h . P .S . F o r y o u r i n f o r m a t i o n , C hairm an P e y t o n o f t h e M in n e a p o lis bank show ed a p r e f e r e n c e f o r San F r a n c i s c o t o b e r e p r e s e n t e d on th e Open M arket Com m i t t e e , w h i l e G o v ern o r H a m ilto n o f K an sas C i t y show ed p r e f e r e n c e f o r a b a n k er o u t s i d e t h e F e d e r a l r e s e r v e b an k s - p r e f e r a b l y from M in n e a p o lis . G o v ern or N ew ton o f A t l a n t a sh ow ed p r e f e r e n c e f o r G overn or M cK inney o f th e D a lla s bank. R ep rod uced from the U ncla ssified I D ecla ssified H o ldings o f the N a tional A rchives FEDERAL RESERVE BANK OF CHICAGO 230 S O U T H LA S A L L E S T R E E T D ecem ber 1 6 , 1 OFFICE OF THE CHAIRMAN OF THE BOARD AND FEDERAL RESERVE AGENT H on. M a r r in e r S . E c c l e s C h airm an , B oard o f G o v ern o rs o f t h e F e d e r a l R e s e r v e S y ste m W a s h in g to n , D . C. D ear Mr. E c c l e s : F o r y o u r i n f o r m a t io n , I am q u o t in g from a l e t t e r r e c e i v e d to d a y from t h e S t . L o u is C l e a r in g H ouse A s s o c i a t i o n : WHEREAS, a member o f t h e j o i n t a c t io n o f and t h e F e d e r a l The B a n k in g A c t o f 1 9 5 5 p r o v i d e s t h a t Open M ark et C om m ittee b e s e l e c t e d b y t h e F e d e r a l R e s e r v e Bank o f C h ic a g o R e s e r v e Bank o f S t . L o u is and ’’VillEREAS, The f i n a n c i a l i n t e r e s t s o f a l l t h e p e o p le w i l l b e b e s t s e r v e d i f t h e m em b ersh ip o f t h e Open M ark et C om m ittee i s com posed o f a b l e men from b u s i n e s s a s w e l l a s b a n k in g , t h e r e f o r e "BE IT RESOLVED, The S t . L o u is C l e a r in g H ouse A s s o c i a t i o n recom m ends t o t h e F e d e r a l R e s e r v e Bank o f C h ic a g o and t h e F e d e r a l R e s e r v e Bank o f S t . L o u is t h a t t h e y s e l e c t a s t h e i r member o f t h e Open M arket C om m ittee a man o f w id e e x p e r ie n c e i n b u s i n e s s and f i n a n c i a l a f f a i r s who i s n o t an o f f i c e r o f e i t h e r b a n k .” I h a v e r e p l i e d t o t h i s l e t t e r m e r e ly s t a t i n g t h a t t h e i r r e s o l u t i o n w o u ld b e p r e s e n t e d f o r t h j ^ f e n s i d e r a t i o n o f o u r b o a r d o f d i r e c t o r s i n due c o u r s e . w m m m s m m m m m m m m m s s m m m m m m rn m ' ^ ^ p a i M f r B m h W r i & M t g a ’f W M S t l t l ' o l d i F i g ^ o f th e N a tional A rchives* ^ Fe W W d e r a l R e s e r v e B ^ a n k OF S t . L o u i s D ecem ber 1 6 , 1 9 3 5 . M r. Win, McC. M a r t in , c / o B oard o f G o v ern o rs o f t h e F e d e r a l R e s e r v e S y s te m , W a s h in g to n , D . C. D ear G overn or M a r tin : I e n c lo s e cop y o f a l e t t e r r e c e iv e d t h i s m o r n in g a d d r e s s e d t o y o u . A s i m i l a r l e t t e r w as r e c e i v e d b y Mr. W ood, who p la n s t o b r in g i t t o t h e a t t e n t i o n o f ou r B oard a t t h e m e e t in g W ed n esd ay. Y ou rs s i n c e r e l y , 0Af . 'A tteb ery /, D e p u ty G o v e r n o r . P, A,>. w m m m s m m m m m m m m m s s m m m m m m rn m '^ ^ p a iM f r B m h W r i& M t g a ’fW M S tltl'o ld iF ig ^ o f the National Archives- Fe d e r a l R e s e r v e Ba n k OF S t. L o u i s December 1 6 , 1 9 3 5 . Mr, Win, McC. M a rtin , c /o Board o f Governors o f th e F e d e ra l R eserve System , W ashington, D. C. Dear Governor M artin : I e n clo se copy o f a l e t t e r r e c e iv e d t h i s morning addressed to you . A s im ila r l e t t e r was re c e iv e d by Mr. Wood, who p lan s t o b rin g i t to th e a t te n t i o n o f our Board a t th e m eeting Wednesday. Yours s i n c e r e l y , 0 A f . 'Attebery/, Deputy G overnor. Reproduced from the Unclassified I Declassified Holdings of the National Archives ST. LOUIS CLEARING HOUSE ASSOCIATION S t . L o u is , Mo. Dec. 1 3 , 1 9 3 5 . Mr. Wm. McC. M a rtin , G overnor, F ed eral R eserve Bank, St* L o u is , Mo. Dear Mr. McC. M artins The members o f t h i s A s s o c ia tio n , a t a r e c e n t m e e tin g , adopted th e fo llo w in g re s o lu tio n s WHEREAS, The Banking A ct o f 1935 p ro v id es t h a t a member o f th e Open Market Committee be s e le c te d by j o i n t a c ti o n o f th e F ed e ra l R eserve Bank o f Chicago and th e F e d e ra l R eserve Bank o f S t . Lou is and WHEREAS, The f in a n c ia l i n t e r e s t s o f a l l th e people w i l l be b e s t served i f th e membership o f th e Open Market Committee i s composed o f a b le men from b u sin e ss as w ell as banking, th e r e f o r e BE IT RESOLVED, The S t . L ou is C learin g House A s s o c ia tio n recommends to th e F e d e ra l Reserve Bank o f Chicago and th e F ed e ra l R eserve Bank o f S t . Louis t h a t th ey s e l e c t as t h e i r member o f th e Open Market Committee a man o f wide e x p e rie n ce in b u sin ess and f in a n c ia l a f f a i r s who i s n o t an o f f i c e r o f e i t h e r bank. Yours v e ry t r u l y , (Signed) R. R. T i l l a y , Manager. COPY Reproduced from the Unclassified I Declassified Holdings of the National Archives S t . L o u is C le a r in g Ho u s e A s s o c ia t io n , y\ ST. L O U IS, M O . O FFICE OF THE MANAGER FOR C1RCUI Dec. 1 3 , 1935 Mr.. Mr, Milter.. Mr ."'Geo. J . S c h a l le r , Governor F e d e ra l Reserve Bank C h icago, 1 1 1 . \ht. jam']::- . K . . , M; i'hOtTOfc Dear Mr. S c h a l le r : P to * -mb The members of t h i s A s s o c ia tio n , a t a r e c e n t m eetin g, ’M. CMC* and Mttga & Mr Carpenter adopted the fo llo w in g r e s o l u t i o n : A , i /' < f/ WHEREAS, The Banking A ct o f 1935 p ro v id e s t h a t a member o f th e Open Market Committee be s e le c t e d by j o in t a c ti o n o f th e F e d e ra l R eserve Bank o f Chicago and the F e d e ra l Reserve Bank o f S t . L ou is and WHEREAS, The f i n a n c i a l i n t e r e s t s o f a l l th e people w il l be b e s t served i f th e membership o f the Open Market Committee i s comijosed o f ab le men from b u sin ess a s w ell a s banking, th e r e f o r e BE IT RESOLVED, The S t . L o u is C le a rin g House As-, a o c ia tio n recommends t o th e F e d e ra l R eserve Bank of Chicago and th e F ed e ra l R eserve Bank o f S t . L ou is th a t they s e l e c t a s t h e i r member of th e Open Market' Committee a man o f wide e x p e rie n ce in b u sin ess and f i n a n c ia l a f f a i r s who i s n o t an o f f i c e r o f e i th e r batk# Yours very t r u l y , (7. Reproduced from the Unclassified I Declassified Holdings of the National Archives F o rm . N o . 131 Office Cofrespquuei^e FEDERAL RESERVE BOARD Feb ru ary 8 , 1955, Subject: 3 S J v£L. >■* ^Advice has been re c e iv e d o f th e s e l e c t i o n by th e board s o f d i r e c t o r s o f th e r e s p e c ti v e F e d e r a l r e s e r v e banks o f th e f o l lowing members o f th e F e d e ra l Open Market Committee f o r th e y e a r J1 9 3 5 i D is tric t Mr. Hamlin. Mr. Miller. Mr. Jimes .. No. 1 Mr. Thomas Mr. Szymczak Mr. Mr. No. 2 Name and T i t l e R . A. Young, Governor ♦Deputy Governor G. L . H a rris o n , Governor -• Mr. Morn!!, No. 5 - Mr. Beihea... Mr. Carper / No. 4 Mr. Noell. Mr. Mr. Mr. G. W. N o r r i s , Governor *Deputy Governor M. J . Flem in g , Governor No. 5 G. J . S eay , Governor ^ S en ior Deputy Governor 6 O scar Newton, Governor Mr. No. ’lease no*o — etoex nd rebrii *a ,r. — No. 7 •-' / No. 8 G. J . S c h a l l e r , Governor *H . P . P r e s to n , Deputy Governor W. McC. M a rtin , Governor No. 9 W. B . G eery, Governor No. 10 G. H. H am ilton, Governor No. 11 B . A. McKinney, Governor No. 12 * A lte r n a te J . U. *C alk in s, Governor ^ S en ior Deputy Governor 16— 852 4■ Reproduced from the Unclassified I Declassified Holdings of the National Archives * * * * * R. A. Young Boston New York G. H. H arriso n P h ila d e lp h i Governor o r a deputy gove C leveland Ii. fmrciibr Richmond G. J . Seay ( s e n io r deputy governor in h is absence) A tla n ta O scar Newton George J . S c h a lle r Chicago * * * * Wm. McG. M artin G. H. Hamilton W. B . Geery B . A. McKinney S t* L ou is Kansas C ity : M inneapolis D allas m Reproduced from the Unclassified I Declassified Holdings of the National Archives 4%nu Nor 181 X '' ■" HDffice, Corresp„riuei. FEDERAL RESERVE BOARD RESERVE BOARD FILE r )a te S u b je c t:... Reserv e Board f ^ r i l 27, 1934. — 1$—**2— / -------- y --------- M o r r ill w W * a p0 r.zn rcR ..... Qov. B!?.ok Advice has now been re c e iv e d o f th e s e l e c t i o n by th e boards M r, H rn-i . j - , .................. ©£•d i r e c t o r s o f th e r e s p e c ti v e F e d e r a l r e s e r v e banks o f th e f o llo w Mr. Jam ': 3 • ing members o f th e F e d e r a l Open Market C o m n i t t e e f o r t h e y e a r 1 9 5 4 ; I5r. Thon Mr, Szyrv Nhrr-Wrr'T’- Mr f-’i , Mr. r'c x/ / 7 Mr. Beti ;--. v / ✓ D is tric t No. 1. No. 2. Name and T i t l e E . A. Young, Governor ■^Deputy Governor Mr. Ca Mr. S:r V Mi. . Mr. No Co .; No. 3 . M h-W yatr-- - • PIC3S3 note .• artd jeturn io Mfr-GaipgsUer No. 4 . No. 5 . No. 6. G. L . H a rris o n , Governor G. W. N o r r is , Governor ^A cting Governor E . R. F a n c h e r, Governor G. J . S eay, Governor *Departy Governor W. S . Jo h n s, A ctin g Governor No. 7 . G. J . S c h a l l e r , Governor 8. W. McC. M artin , Governor No. No. 9 . W. B . Geery* Governor No. 10 . G. H. H am ilton, Governor No. 11 . B . A. McKinney, Governor No. 12. * A lte rn a te • J . U. C a lk in s , Governor ^ S en ior Deputy Governor **"' 16— 86Tm“ m*' Reproduced from the Unclassified / Declassified Holdings of the National Archives orresiynae*_ce a l Resarre Board FEDERAL RESERVE BOARD ,.p r il 27 p 1954, Subject:. M o r r ill Advice has now bean received o f the s e le c tio n by the board* o f d ire c to rs o f th e re s p e c tiv e F ed eral reserve banks o f the fo llo w ing members o f the F ed eral Open M arket Committee fo r th e year 1954$ D is tric t Haae and T lU a No* 1* R . A . Y otng, Governor ♦Deputy Governor G. I*. H a rris o n , Governor HO. 2* G* W. N o rris | Governor ♦Acting Governor Ho. 5 . Ho. 4 . 1 . R. G. J . Seay, Governor ♦Deputy Governor No. 5 . Ho. Fancher# Governor W. S . Johns, A cting Governor 6. No, 7 . G. J* S c h a lle r, Governor No. W. McC, Martin, Governor 8» No, 9* W. B . G eery, Governor Ho. 10 . G# H. H & iailton, Governor Ho. 11 . B. A. McKinney, Governor No. 12* J . 0 . C a lk in s , Governor ♦Senior Deputy Governor ♦ A lte rn a te . E N U R E D IN MtNUTES ON SRC/acw may 2 -1934 Reproduced from the Unclassified I Declassified Holdings of the National Archives FEDERAL RESERVE n a eu c e B0ARD Pate lU rch 2 5 . 1 9 5 4 . Subject:. e po A s e a rc h o f our f i l e s i n d i c a t e s t h a t th e fo llo w in g F e d e r a l r e s e r v e banks have n o t ad v ised th e Board a s t o t h e i r r e s p e c ti v e s e le c t io n s o f members o f th e F e d e ra l Open Market Committee f o r th e y e a r 1 9 5 4 : v-- - .-.— i .. ....... ....... ■■■■■ii™ F e d e r a l R eserve Bank if? P h i l a d e lp h ia ^ ^ S t . L o u is ' ^ ? Richmond ^ \ M inneapolis " GTCTCsgo ? . Kansas C i t y 9 San F r a n c is c o ^ S h a ll I p rep are a l e t t e r t o each o f th e bank*s shown above r e q u e s t ing th e d e s ire d in fo rm atio n ? 16— 85 2