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Federal Reserve Bank of St. Louis

RENCE BOARD OF GOVERNORS
ANi

YERAL R E S E R V E BANKS.

January 2 0 , 1915.

WALT

SHORt
Ti
IW


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Federal Reserve Bank of St. Louis


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Federal Reserve Bank of St. Louis

Mr. Kains:

C h e c k words,

Mr. Rhoades:
Mr. Kains:

o r numbers?

C h e e k words.
F o r amounte o f money?

The Chairman:

o f course a

code c a n b e made f o r a check

of any payment.
Is the suggestion i n such form that i t e a n b e embodied
in the record?

(Mr. Rhoades handed a paper to the Chairman.)
The Chairman:
Of course,

T h a t i s what i s known a s a free system.

f o r domestice u s e i t m a y n o t b e necessary t o

apply t h e same safecuards t h a t w e apply t e foreign cable
messages, b u t t h e k e y that w e used ordinarily i n New York
for a control word i s built u p b y 2 systom that i s very simple t o operate.

T t varies w i t h every cable, a n d i t i s

impossible f o r anyone t o unravel # t unless t h e y have t h e
key, a n d i t i s a great deal safer than this system,
Mrs Aiken:

T h e m a n who made that u p did not knew

anything about codes.
The Chairman:

I f i t i s entirely agreeable t o the

meeting, I will get some sugcestions o f keys and have them

sent under seal to the Governors, o r send them to yous
Mr. Rhoades: §

You might a s well send them right

around >
The Chairman:

T h e y e a n b e printed, a n d each bank

can adopt i t s o w n system?
Mr. Pancher:

I n s t e a d o f using t h e first w o r d o f the

Ag B, A , Code, using this k e y word?
The Chairman:

U s e @ separate k e y a s a n additional

precaution.
Mr. Kains:

A r e t h e keys y o u have i n mind numbers o f

letters?
The Chairmant
something like this:

T h e best k e y that I have seen worked
S u p p o s e y o u take the second letter

of the first word a n d the second letter o f the second word, and
then y o u have t h e numbers o f the day, m o n t h a n d year
and then y o u take t h e digits o f the amount, a n d those,
added tegether, g i v e y o u a number, w h i c h i s the key, a n d

the words with whith your cable opéns, a n d the date e n
which y o u s e n d i
t and the a m u n t involved 421i have t o
prove b y this keys U n i e s s t h e k e y proves o n the
other end,
of course t h e message i s disregarded,

Y o u just reverse t h e

precess a n d find out what t h e message i s b y that method.
i will have o n e o f those sent t o you, Governor Rhoades,

if

I may.
A motion i s made a n d seconded, I

understand, t h a t n o

Supplemental code b e prepared a n d adopted a t
the present time,

but that the A, B. A, Code b e used with a key for a
test o r
check word.

I s there any further discussion?

(There being n o further discussion, t h e question w a s

put and carried.)
The Secretary:

T h e Board sugzests that w e take u p

12, 13, 14, 15, 1 6 and 240

Mr, MoCord:

M r . Chairman; I have a United States

Senator o n m y paak i n Connection w i t h this definition
of
commercial paper, acceptable, eligible paper,
a n d I think
that this letter f r o m Governor Hamlin t e m e
might b e inter
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Federal Reserve Bank of St. Louis

(esting to this body, and Iwill read it if it is
agreeable,


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Federal Reserve Bank of St. Louis

I wili first state the case,

T h e Bank of Ocalla,

Florida, brought o n some commercial paper a n d wanted t o
know what paper w e would takes

W e went over it, a n d said,

"We will take this; w e will t a k e this; w e eannet take that®,

and s o forth.

M e eaid, " Y e have a phosphorus mine that T

want t o help t o keep their p a y roll ecing, a n d w e want t o
get this paper discounteds* I

said, "Does t h e statement

show liquid assets, sufficient a s they stand t o diseount?*
He said, "No, b u t t h e product o f the mine i s commercial,
and I want t o have this discounted f o r the sake o f the pay-

rolis.* I

said, "All right.

that product sola?"

H

N o w , tell me; has he had

e said, *No.* I

Sligible f o r this reason?

said, " I t i s not

T h e y d i g phosphate o u t o f the

ground a n d put i t i n bins i n sheds, a n d they have n o
market.

T h e phosphate i s used i n Germany t o a great extentm

but o f course Germany has noboats going now, a n d neutral
vessels cannot take ity I

do not know how lone i t will

be tied Up; a n d for that reason I will n o t b e able t o
dis+

count it, unless you can give m e your assurance that the
assets will take care o f these things regardless o f
whether
it i s tied u p o r not?"
So h e went back home a n d studied about it, a n d h e said
that

the Governor of the bank said he/would not take phosphate
under any conditionss

T h i s fellow sat down and wrote

@ United States Senator, and the Sneator comes over here
with @ letter t o the Board, a n d they write me, and I come
back a n d explain t h e situation.

Here i s the answer tha$ I got after I made the explana-

tion. I

think itmight b e interesting t o you.

The Chairman:

V e r y .

Mr. MeCord: (Reading: )
}
PEDERAL RESERVE BOARD,
WASHINGTON.
January 13, 1915.
Mrs Jos, A . MeCord, Governor,
Federal R e s e r v e Bank,
Atianta, G a ,

SI Ri«
Your letter o f January second concerning t h e corres~

pondence between Mr, R. C. Camp o f the Florida Power Company
of Ocala, Fla,, a n d Hen, Wathen P . Bryan, Senator from
Florida, h a s been received a n d considered b y the Federal
Reserve Boards
The Beard h a s n o disposition whatever t o pass upen your
action i n this matter, recognizing that t h e question o f the
wisdom o r unwisdom of,any given l o a n i s above 4 1 1 things

a matter that e n t b e determined locally and which cannct
possibly beeven tentatively settled here except i n extra-

ordinary eases,

T t would not undertake, therefore, to enter

upon t h e question. whether o r not you-were right i n refusing

-upom its business merits, t o undertake transactions like
_those referred to, and from the facts which are now before it,
is disposed t o feel that y o u were entirely wise i n your posi-

tions
There a r e certain things; however;

i n your letter

which lead the Board t o note that i t dees not feel entirely
in accord with you i n the views o f the powers granted b y the


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Federal Reserve Bank of St. Louis

Federal Reserve A c t that y o u have apparently accepted,
You say, ‘ I t was therefore apparent t e m e that a n y phesphate
mined, washed, screened a n d put i n bins under sheds,
) Would b e purely a n investment o r a speculative matter, depen-

dent upon a future market, f o r which a t that time they aiw
net have orders t o covers!

I

f a n electric machinery con-

cern produced motors for which i n general there i s a fairly
consistent demand, b u t finds that owing t o certain unfbreseen
events t h i s d e m a n d subsides,

t h e carrying o f such product

should not b e excluded a s a speevlation o r a s a n investment.
Copper p r o d u c e d a n d e a r r i e d

by @

mine w o u l d n o t b e c o n s i d e r e d

a mere investment n o r a speculation,
it h a d b e c o m e n e c e s s a r y i

s

o

e

i f for similar reasons
t

e Carrya s t o c k

of the finished o r half finished product.

I

f firme

unconnected w i t h either t h e production o r distribution
of such product would acquire

t h e same a n d carry it, i t would

be &@ speculative investment.
This arguement holds good; also,

i n the case w o which y o u

refer o f the brick manufacturer a t Macon Georgia,

O

principle, t h e s e transactions a r e not t o b e barred.

n
T h e y *

must, o f course; b e earefully serutinized a s business

| Propeositionss

I f the manufacturer i s loading u p & larger

amount o f his product than i s conservative for him to carry,
and i f the banker h a s well founded apprehensions that t h e
manufacturer i s getting into a

dangerous business position

because t h e ultimate sale o f the manufactured product
does not appear certain, t h i s i s a s good a reason f o r

paper
refusing that paper a s any other that m a y not

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Federal Reserve Bank of St. Louis

164
appear sound.

I

t i s not necessary that there must b e a de-

finite order i n sight which would guarantee t h e sale o f the
goods within ninety days.

I f , o n the other hand, t h e r e were

apparently clear evidence that t h e goods could h e t b e sold
within ninety days, m o s t careful scrutiny would b e advisable.
A great m a n y processes o f production take more than ninety
days.

W h i l e a Federal Reserve Bank must n o t make loans,

except o n agricultural products, h a v i n g a longer time t o r u n
than ninety days, i t i s not t o b e held that paper many only

be purchased which i s based upon transactions which liquidate
within that time.

I

t ought eventually t o be safe liquida-

ting a n d the customer must understand that h e must n o t u e
further i n his operations t h a n h e i s safely pretected b y his
borrewing capacity, a n d the member bank i n turn must b e
fully aware that there i s n o guarantee o n the part o f the
Federal Reserve B a n k t o renew a n y paper when i t matures,

On the other hand, i t will b e impossible t o rule out all
paper which m a y possibly,

maturity.

o r i s even likely t o b e renewed a t

P u l l emphasis must b e laid o n the fact that the

underlying transaction i s one o f Khe legitimate commercial,
agricultural, o r industrial character, a n d that the credit
of. the member bank standing i n between i s a good one, a n d

that berrowing, hoth on the part of the customer with the
member bank and o f the member bank with the Federal Reserve
bank, a r e Withinsafe bounds,
Respectfully,
C.S&S. Hamlin, G o v e r n o r .

H, Barker Willis,

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Federal Reserve Bank of St. Louis

Secretary."

The Chairman: I

think i f you will g o through t h e pro-

posed circular No. 3 , serie o f 1915 «-Mr. MeCord: I

beg your pardon, M r . Chairman, f o r

bzinging t h i s in.
The Chairman: I

think i t bears o n this matter s o direct-

iy, Governor MeCord, t h a t i t will throw light o n this very
transaction.

Suppose w e defer the discussion o f these particular
matters until after w e have considered this regulation, a s
they have bearing u p o n what w e are going t o consider.

I a

it your pleasure t o have this cirevlar read?

Mr. Yold: I
not?

think w e have already read it, have w e

M o s t o f u s have read i t i n advance.
Mr. O . Yells: I

would suggest, M r . Chairman, t h a t

objections t o any part o f it b e brought out now.
Mr. Wold:

I

e it intended that this Circular No. 3 go

te the member banks?

The Chairman:

Y e a .

Mr. Wold:

s t o the next t o the last paragraph, I

A

Shoudlthink i t would b e unnecessary t o have
i t g o i n there.

It would b e well t o eut i t outa
The Chairman:
paper, I

understand,

T h i s will b e treated a s one piece o f
i n two cases; t h e circular appearing o n

the first page, a n d the second and thord pages being
the «

inside of the folding circular.

T h i s consolidates a number

of circulars into one operation.
Mr. Wold:

T h e next t o the last paragraph there:

It seems t o m e i f there i s a n y latitude given
i t would b e f o r

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Federal Reserve Bank of St. Louis

166

the officers o f the b a n k , i
n dealing w i t h the member bank,
and not p u t i t onto t h e member banks themselves.

(Reading: )
"While i t hae been thought b e s t n o t t o insist, a s a mandadé

tery requirement, upon a written statement i n case o f limited
borrowings b y the depositors” -<«
The Chairman?

I

t i s your view, Governor Wold, o r

rather strong suggestéon, t h a t credit information b e compiled
as t o customers w h o borrow small amounts?

T h a t form of

suggestion might gust a s well b e omitted a n d the subject
ieft open t o t h e discretion o f the member banks?

Mr, Wolds I

think so. T h a t has a bearing upon page

4, too, where it is limited te $5,000 which reegen sent
to fifty thousand dollar banks?
Mr. MoCord:

I

n reference t o that paragraph that Govere .

| mor Y o l d i s speaking of, that h a s caused a great deal o f
dissatisfaction ---I mean t h e original rule No. 13-<-- i n our

district,

I t has eaused more dissatisfaction than the

question o f exchange o r anything else. I

found that out;

and there i s where, Gevernor Seay, m y hypnotism,
| it, comes in. I

a s you cali

want t o get something d o n w d o w n t o Atianta

_and went over this proposition and told them they did not

: have to swear to-this, that or the other, and did net have
to dot every “i" a n d cross every " t * a n d s o on. I

Would b e well t o let this paragraph stay in.

think i t

I t shows a

more liberal spirit o h the part of the beard than the former
eircular.

I t certainly dees not have any bad effect o n our

member banks.

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Federal Reserve Bank of St. Louis

O n e t h e other hand, I

believe t h e y would b e

167
free t o use w i t h u
s a lot o f smaller paper which would b e
& very satisfactory paper f o r discount b y Federal peserve
Banks, be@ause y o u rarely lose money o n ‘these papers i n a

wikueuumk. country bank.
Mr. Wold: A

note i s @mall o r large, relatively. A

note of $5,000 may be small i f offered i n a million delilar
bank, a n d i t might b e large i f offered i n a muck smaller
bank.

:
This circular would indicate t o the member banks that

for any note o f $5,000 o r under h e i s not obliged t o file a
statement. .

H e certifies that i t i s eligible, a n d i t seems

te m e that w e wiihe wisaindee f r o m investigating o r
questioning whether o r not i t was, I

cannot s e e a n y reason

why a fifty thousand dollar bank 6ffering a loan of ten per
cent o f its capital eught not t o furnish s statement o f
the a f f a i r s

o f t h e m a k e r o f t h e paper,

a s well a s t h e b a n k

of $500,000 offering a piece of paper of $50,000. U n d e r
this c i r o u l a r t h e b a n k e r c o m e s a n d g a y e “ Y o u c a n n o t a s k

any questions:

Y e have eertified it, and that meets the

requirement o f the Federal Reserve Aet, a n d that i s all

there i s te it.

Y o u cannot g o back o n that.”

This attitude can be used b y the managers o f the bank,
but w e d o not want t o let the member bank believe thatwe
are precluded f r o m making o u r o w n investigation a n d satiefy-

ing ourselves a s to whether the paper i s admissible o r nots
The Chairman:

D e o I understand your point, Governor

Yold, t o b e that i t i s practically a n invitation t o
member
banks t o put themselves i n e position where t h e y
c a n resist

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Federal Reserve Bank of St. Louis

reasonable requests f o r information about t h e paper o f

sm@lier denomination?
lr. Wolds

T h a t i s the w a y I read it.

T h a t is, t h e

circular as a wholes
Wr, Kains: I

a m i n hearty agreement w i t h Governor

Wold regarding that, I

think the first two conditions are

@ll right, but leave the rest t o the governors e f the
various banks,

Mr. MeCord: |

You would eliminate this section o n the

first page?

Mr, Keins:
Mr, Pancher:
Mx. MeCorsmt:

I

T would eliminate that whole No. 3.
Y o u a r e o n the second page.

H o w about t h e first page?

Mr. Void: I

was just calling p a g e three t o your a t e

tention i n connection w i t h t h e last paragraph o n page 1.
They g o together, practically,
other st

E a c h h a s a bearing o n the

I n other words, t h e y are applying t h e rules t o

the small banks, but are teliing the big banks that they
have got t o come hiteeus i i s titgensh lens

T h e small

banks c a n make their word good o n the application.
Mr, MoDougal:..._ _ It i s not m y understanding that. you, a s

| benkers, will b e denied the right o f investigation.

T t

_have thought i t would be a very good thing to put i n there,
at least temporarily.

I t will help t o popularize the sys-

tem i n the district, particularly among t h e small banks
where w e have not b e e n accustomed t o ask then f o r state-

ments, where they are doing business with men i n thenaighborhood w h o m they have known f o r a long time a n d they d o not


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Federal Reserve Bank of St. Louis

169
feel diapesed t o ask them for a statement whenever they
want t o borrow $500 o r $1000,

I f this ciroular, however,

is t o deny t h e right o f the officers o f the banks t o make a n
investigation s k e h a s they see fit, t h e n I would b e opposed

to it; but I do not think i t i s s o intended.
Mrs Seays

T h i s circular was under consideration yes-

terday b y the Advisory Counsil, a n d they applied t h e prune
ing knife very f r e e l y <
« T h e dominant sentimant, a n d t h e

emphatic sentiment, was that i f the Pederal Reserve Board
Would make determinations a s to what commercial paper was--Which they d o o n the second page o f this citeular <-«- that
very much o f what was left might b e and should b e left t e
the Federal Reserve Banks

I

f you take u p the circular a s

you propose, and go through it, if desired, I can point
out what was eliminated b y the Council.
The Chairman: I
Mr. Wold:

have that marked, @lso.

T h a t i s m y position, t h a t there ought t e

be more latitude left t o t h e officers o f the banks, a n d

mot put i t all u p to the member banks
The Chairman:

M e y w e not have @ dispussion o n just

what the Advisory Council have said, f o r our guidance?
Mr: Aiken:

B e f o r e w e take u p i n detail the circular,

I would Xie like te say that i t seems t o me the last paragraph
en the front page could b e well omitted. I

do net think

that i t adds anything t o the strength o f the circular, a n d
it seems t o m e that i t sugcests t o possibility o f more
ridgid requirements being p u t inte effect I

must s a y that

I cannot agree that banking prudence requires that
wherever

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Federal Reserve Bank of St. Louis

4.70

possible t h e observance o f the rules originally prescribed
may b e encouraged. I

know o f n o banker --~- and I know a

great m a n y different o n e s --<« who would ever think o f
exacting a n y such requirements a s that i n the eriginal cir-

Sular. i

saw the proof which was sent t o us of this cireu-

iar, and @ number o f men i n the larger banks i n Besten took
exeeption t o that. I

think they 811 agreed = that a bank

eredit department could b e run eminently pruiiently without
any such skigk rigid restrictions a s sugcested.
The Chairman:

T h e s e suggestions i n regard t o the

Circular, a n d , in fact, both the cireuvlar and the reevlations
can be disposed o f more promptly i f they are put i n the form
of a m o t i o n t h a t w e can act o n e
Mr. MeCord: I

move that w e take i t u p paragraph b y

paragraph,
The Chairman:

A r e there a n y sug¢estions i n regard t o

the first paragraph o f the cireular?
There s e e m t o b e n o sugzestions.

How about the second paragraph?

Mr. MeCord: G o v e r n o r Aiken, thatfirst paragraph
there has some question about the extension o f time for pute
ting into effect t h e original order.

V o u l d n o t that a f -

fect just a s well --«-

Mr, Seay:

i

f the provisions o f the cireular proper

are materially altered, t h e letter accompanying i t will heave


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Federal Reserve Bank of St. Louis

to be revised t o some extent, I think.
Mr. Vold:

T h e next t o the last paragraph i s all right

to g o t o the officer o f the bank, b u t not t h e member bank.


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Federal Reserve Bank of St. Louis

That i s a place t o differentiate.

Wr. Seay: I

say, i t may have t o be revised.

The Chairman: I

think w e ought t o make quite certain

that w e are not confusing s o m e o f these regulations.
cular No. 3

C i r -

supersedes Circular No. 13. C o n s e q u e n t l y ,

Circular Ne.13 e a n b e eliminated f r o m consideration e n tirely.

W e are speaking o f the cidcular a n d not o f the

requiation.
Mr. MeCord:

M r , Chairman, j u s t o n e point o n that. I

do not want t o prolong that discussion, b u t here i s a n unfortuante situation.
every abnker.

C i r c u l a r 1 3 has been i n the hands o f

I t has been studied elosely.

it fixed i n their craniums.

T h e y have g o t

T h e s e people have i n seme w a y

or another t o eliminate s o m e o f that, o r w e will have trouble

in bringing some o f them back into the folds
The Chairman:

W

e are doing that b y withdrawing Cireu-

iar No. 1 3 and substituting Cireular No. 3 of 1915. T h a t i s
the circular thatwe a r e considering,

thataeccompany that circulars

a n d the regulations

T h i s regulation (B) super-

cedes Nos. 2 and 4, and Cirevlar No. 3 has been extended i n
its operation until July 15, s o that until that date the

Simpl@ statement on the application for discount of the applying bank is @11 that need be required as to any papers
To s t a t e t h e s i t u a t i o n a s w e a r e c o n s i d e r i n g i t , i t

is this.

I f Circular No. 3 and the Regulation (B) which

accompanies i t take effect,

w e have eliminated f r o m consider-

ation a t i r e l y Circular No. 13, a n d regulations 2

and 4,

and w e make a fresh start w i t h only regulation No. 3

in

effect until J u l y 15, which permits t h e acceptance o f the
Simple statement o f the applying bank.
Consequently, w h a t w e are n o w considering i s a cirsix months

cular and regulation to be issued/in advance of i t s
taking effect; a n d that policy eof giving s i x months notice
of a change I think w e c a n afford t o endorse a s a n excellent
principle t o apply t o a n y important matter o f this sert.
Now o u r quéstion is, Shall w e Himsa’ modifications i n
Circular No. 3 , issued a s o f January 15th, t o take effect

July 15, next, and if so what modifications shall b e sugzested
am to the Reserve Board? I

understand that Governor Me-

Cord feels that the first paragraph o f Cirevlar N o 3 might
leave t h e impression that there i s some remnant o f Cireular
No. i S left i n operation.

D

e you sugzest that, Governor

MeCord?

Mr. MeCord:

N o ; I understand why, a n d therefore I

The Chairman: I

have n o t raised y o u out, h a v e I ?

(Laughter).
Then,I u n d e r s t a n d ,

the first paragraph.

t h e r e i s n o avuestien i n r e g a r d t o

H o w about t h e second paragraph?

There seems t o be no question a s t o that paragraph,
Now about t h e third paragraph?
Should i t s o happen, Mr. Chairman, t h a t this
body conmeurred i n the recommendations m a d e b y the Federal
waixak Advisory Council, t h i s would have t o b e quite materially
redraéfted?


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Federal Reserve Bank of St. Louis

The Chairman:

Y o u l d not w e have t o condiser that,

173

Governor Seay, after w e have considered t h e third paragraph
of the regulation itself, w i t h reference t e the m d i f i c a tions i n the circular which would b e necessary t o conform t o

the modifications i n the regulation?
Mr. MoCord:

T h e n I move you, Mr. Chairman, t h a t w e

pass t h e third paragraph until after t h e other considerations,

a n d then come back t o it,

The Chairman:

Y

e n o w come t e t h e fourth paragraph,

I will n o t put t h e motion o n these paragraphs unless t h e
question i s asked.

G o v e r n o r Wold, y o u h a d some suggestion

in r e g a r d t o that.

Mr. Yold:

M

y thought was, Mr. Chairman, t h a t i t

should b e eliminated altogether f r o m the circular that went
to the member banks.

I t i s well enough t o mut i t u p t o the

manager o f the bank a n d lethim know h o w the Fedegal Reserve
Board regards it. I

think t i ought t e remain where i t i s

until w e h a v e c o n s i d e r e d t h e RERSRgARIS

a n d requirements

we
of the regulations, a n d then see what hearing i t has.
The Chairman:

Y e s .

T h e n y o u a r e Willing t o pass

paragraph 4 for the moment?
Mr. Yold:

Y e s .

The Chairman:

N

O

w w e will take pafagraph 6 ,

Governor Seay, h a v e y o u a

suggestion

i n regard t o that

paragraph?
Mr. Aiken: I

move, Mr. Chairman, t h a t w e pass all that

at this time.
The Chairman:

V o u l d y o u make amotion regarding your

recommendation, Governor Aiken, because this last paragraph

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Federal Reserve Bank of St. Louis

has n o direct bearing o n the régulations w e are going t o
consider.

Mr. Aiken: I

move that t h e last; paragraph b e omitted}

The Chairman:

I

MeCord: I

s that motion seconded?

second it.

Chairman:

I

s there a n y discussion

o n Governor

Aiken's motion i n regard t o the striking o u t o f the fifth
paragraph o f C i r e v l a r N o « 3 ?


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Federal Reserve Bank of St. Louis

remarks, I

I

f there a r e n o further

will p u t t h e m o t i o n

(The motion was thereupon put and carried.)
The Secretary: I

would suggest, M r . Chairman, t h a t

be phrased, " b e recommended t o t h e Federal neserve Board."
The Chairman:

N o w w e come t o t h e regulation.

I s

there a n y comment a s t o that preamble?
Mry Wolds I
whole.

move that they b e congratulated u p o n t h e

I t i s gotten u p very clearly.
Mr. Seay:

Y e s .

The Chairman:
preamble.

I

t i s very admirable, I

think,

T h e r e seems t o b e n o criticism o f the

H o w a b o u t t h e f i r s t pararzraph?

Mr. Kains:

v e r y goods I

move i t b e approved;

also, Noe 2.
Mx. Wold:

A n d the method o f certifying eligibility.

All that first Bage i s all right.
Mr. McCord:

D

o y o u Want a n y more definite definition

as t o m o n e y - - - “ t h e p r o c e e d s

e f which have been used o r are

to b e used"?
Nir. Seay:

T h e y have altered that phraseolocy very

considerably, a n d I think i t i s much more near t o t h e

requirement n o w than i t ever has been.
The Chairman: I

think w e ought t e bear i n mind i n

connection with this regulation particularly, a s n e

as

the circular, t h a t t h e first regulation a n d cirevlar i s e
sued b y the Federal Reserve Board o n the subject o f comnercial paper covered eight printed pages, m o r e o r less, a n d t h e
members o f the Federal Reserve Board have waked u p t o the
fact that there w a s t o o much material there f e r the member

banks t o read and digest and examine, a n d their effort o n
this regulation B

has been t o reduce i t t o a yery small

statement o f principles i n the fewest number o f words. I
am afraid that this regulation a s t o t h e statement o f prine
ciples could n o t b e improved b y adding language t o it.

Mr. Seay:
Mr. ¥Yolid:
Yr. Seay:

I t i s admirable, now, a s it is,
I

t i s the last w o r d o n the subject,

T h i s circular w a s referred t o 2 committee

for c o n s i d e r a t i o n a n d r e c o m m e n d a t i o n b a c k t o t h e Couneil.

There w a s one thing w e added t o Article A

of Section 2 , i n

which two o f us concurred and the other members did not
concur, b u t acquiesced finelly.
ever, w h e n i t got t o the Council.

I t was eliminated, hovwV i t h your permission I

Will r e a d what that was,
The Chairman:

Certainly.

Mr. Seay: ( R e a d i n g : )
"Seetion 2, Article A, T h a t i t must b e a bili the proceeds o f which have been used o r are t e be used i n producing,
burchasing, carrying o r marketing 'goods' i n one o r more o f
the steps i n the process o f production, manufatture and

dis¢ribution.®
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Federal Reserve Bank of St. Louis

176

Then the Comittee o f which I spoke added, "the ’
reasonable expectation o f being liquidated a t maturity.®
The Chairaant

T h e Word "reasonable",

i t seems t o m e i s

a very dangerous qualification t 6 put in.
Mr. S e a y s

" W i t h t h e e x p e c t a t i o n o f b s i n s Xikuuskad l i g -

4 :

ufatea
a t maturity."
&

T h e word “reasonable” was i n there.

Mr. Yold:

T h e bill itacif promises toe pay.

Mr. Seay:

T h a t w a s t h e attitude t a k e n b y the Council.

Mr, Aiken:

I t seems t o m e that that letter that

Governor MeCord presented makes unnecessary a

statement t h a t

the bill should b e necessarily p aid a t i t e maturity - - it.
should n o t b e renewed.
The Chairman:

W

e have t o bear i n mind, I

think, t h a t

from the standpoint o f the Federal Reserve Banks w e are

discounting a plece o f paper u m kk which i s being rediscounted}
and i f there i s n o evidence o n the face o f the paper that

the maker o f that note has a right o f renewal, t h e prima
facie evidence o n the face o f the note i s all t o that e f fect, that i t will b e paid a t maturity.

Reserve Act intended, I

T h i s Federal

think,» t
o preclude the possibility

of any arrancgemént f o r renevals o n paper, a n d then went

| inte a definiiion o f what kind o f paper would b e eligible
for rediscount, providing t h a t there w a s n o question about
it. being a n obligation t o p a y a t maturity.

We had at one time a suggestion under consideration
in Slmost identieall¢y t h e language that Gevernor Seay h a s

suggested.

T h e question is, does i t add definiteness t o

statement o f principles rathen than t o a s t a t e m e n tfo

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Federal Reserve Bank of St. Louis

_& precedure t o b e followed.

Mr. Yold: A l s o , i t oceurs t o m e that i t i s like
taking &

man's n o t e o r p r o m i s e

t o pay a

thousand d o l l a r s

in

ninety days,:and then taking his verbal word that h e will

pay it. (Laughter)
Ur. Seay: I

merely mentioned that a s a sidelight;

and what you say, Governor Yold, i s practically what the
Council concluded o n the matter. I

may b e convinced, a n d

I think Governor McCord m a y b e convinced, t h a t i t would i m e
prove t h e character o f the paper offered t o us.

W e know that

the paper w h i c h s
i offered t o us, a n d upén which they

make declaration that i t is eligible paper, i s such paper
as i s not contemplated t o b e paid a t maturity.

t h e

Ctrmarks a b o u t i t a n d t h e e x p e r i e n c e w e h a v e h a d w o u l d s u r e

gest that t o us.

V e know i t t o b e a fast.

Mr. MeCord:

T h e addition o f that word would de-

preciate t h e value o f the papers
Mr. O. Felis:

T h a t depends entirely upon t h e extent

to which you are governed s t the time o f taking the paper.
I may be asked t o take paper and thereby create a line o f
eredit which I shall expect t o maintain until next fall.
This should b e a common sense application o f taking lines
of erédit.
fr. Seay:

I t i s fortunate that 4 1 1 t h e reserve

banks d o not d o it.

W

e recognize that, a n d I therefore

pass i t over; b u t i f w e a l l h a d o u r a s s e t s

i n there t h e y

Would not b e liquid assets.


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Federal Reserve Bank of St. Louis

Mr. 0 . Velis:

B u t a

certain a m o u n t

o f assets o u c h t t o

go imto that paper i f we are going t o d o the amount o f good
that w e must do.
The Chairman:

W o definite suggestion i s offered b y

way o f a n @mendment t o t h e paragraph o n the first p a g e o f
the regulation.
Mr. Rhoades:

W o u l d i t b e i n order t o take t h e recom-

mendations o f the Advisory Council o n this last page a n d
have
them read?
The Chairman: I

have that marked, Gevernor Rhoades,

if i t i s desired t o consider their recommendation
first, I
can d o that, o r you m a y consider i t after y o u have
arrived
at conclusions without regard t o their section.
ir. MeDougal: I

move that i n A-1 t h e words commene-

ing with “contains a

statement o n its face that i s was issued

for goods actually purchased o r sold,” b e eliminated,
Mr. Aiken: I

second t h e motion.

Mr. Wold: I

move that section B h be eliminated,

what

is the need o f the first clause?
The Chairmen:
Mr. Aiken: I

Mr. MeDougai:
view t o making t y

I s the motion seconded?
second t h e metion.

T h e motion i s t o eliminate A-l with
a
e

o

t o put a n y statement o n the

face o f any note.
Mr. 0. Wells:

I t simply relates t e t h e kind o f
paper

Which gan be accepted without @ statement,
provided sither
that such bill bears the signature o f
the purchaser ---


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Federal Reserve Bank of St. Louis

ur. M e D o u g a l s

Mr. 0 . Wells:

"Contains a

statement.*

T h a t i s ali right.

I

t simply bears thie

an
signature and is rather essential i f we are te accept
that class o f paper o n a different basis f r o m other clases
of paper being offered b y another bank;

i n other words, b i l i s

of exchange o r paper i n merchandise transactions.
The Chairman:

I

s i t not true that t h e country b a n k gets

@ good deal o f paper with accomodation obligations either
in one form o r another?

Mr. O. Yells:

T h a t would come under a different heading)

This just refers t o paper given i n favor o f merchandise.

The Chairian: I

know that, but w e d o mek want, i n some

way o r another, t o be able t o identify these notes which are
given representing goods s o l d o r domestic acceptances which a r e
practically 6 f the same character.

Mr. 0. Wells:
signature

B u t suppose such a bill bears the

o f t h e p u r c h a s e r a n d s e l l e r o f t h e goods.

I

s

mot that sufficient t o stamp that a s being a bona fide conmereial transaction, a
The Chairman:
Mr. 0. Wells:

mereyandise transaction?

H o w can you identify that?
B

y the statement o f the bank that such

&®bill bears the signature o f the purchaser and seller o f
the goods, without saying that i t contains a

statement o n

its face, etc.. S u p p o s e t h e note does not itself contain
that statement.

T h e Federal Reserve Board h a s adopted t h e

following m e t h e d b y w h i c h m e m b e r b a n k s s h a l l c e r t i f y r e d i s -

count thereof:
“Member banks shall certify that such a bill bears the
signature o f the purchaser a n d the seller o f the goods.”


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Federal Reserve Bank of St. Louis

If you stop there y o u would identify t h e bill given

in faver o f the bona fide merchandise transaction, c o t t e n

or anything else, without tying orto it --- "contains a
statement o n its face that i t i s issued f o r goods actually
purchased e r sold.”

Mr. Wolds

T t must b e a part o f the note.

T h e note

itself must recite i t a

Mr. O. Vells?

I

t would mot i f you struck out "contains

& statement o n its faces*
The Secretary:

that statement.

B u t t h e member b a n k does n o t certify

T t goes further «--

Mr. O . Yells: I

The Chairman:

guess y o u are correct. I

see,

T h e effect o f A-l i s really a s follows;

as I understand this:

T h a t there will b e certain double-

namcd paper issued a s trade paper representing a n actual
sale o f goods, a n d that t h e parties t o the transaction - - -

rs

t h e parties t e the purchase and sale o f goods ---

will make a note which will contain o n its face a

statement

that i t represents the sale o f goods and bears the application o f the buyer a n d seller; a n d i n that event a l i that
is required i s the statement o f the member bank that i t

complies with the provisions o f law and that i t i s eligibie
paper a n d noting else i s required,
Federal Reserve Board,

T h a t i s t o say, t h e

b y this regulation, h o p e s t o stimulate

the making o r real trade paper, rather t h a n the present course
of borrowing against a

lot o f book accounts a n d possibly cet-

ting a n accomodation endorsement o n the note i n addition.

Mr. Seay:

T

s there not more danger that i f the makers

of t h a t c l a s s o f p a p e r p u t e n d o r s e m e n t s t a t e m e n t

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Federal Reserve Bank of St. Louis

o h it

across the face, that there will b e such a s will very probably impair negotigbility?
Mr. 0 . Wells: I
Mr. Seay: I

d o not think so.
haye i n mind where i t was done, a n d i t

did very seriously impair t h e necotiability o f the paper.
Mr. © . Wells: .
the C o m p t r o l l e r

I s there n o t a

ruling o f the office o f

sho
o f the Currency regarding what m e e e

be

termed bills o f exchange, which are acceptances, covering

the movement of commodities, and which pro¢ide that wherever
an excessive l o a n o f the member b a n k i s made,
have a

i f these notes

definite d u e date they would a t certain seasons o f the

year create a

very large part o f the eligible paper under

this ruling where t h e seller o f cotton draws a draft u p e n t h e

buyer, a n d the buyer recites the fact that i t i s given for
So many bales o f cotton.

T

t i s done frequently, because

that e s t a b l i s h e d t h e f a c t t h a t i t i s a

bill o f exchange,

and therefore n o t amenable t o the restrictive ruling o f

excess loans,
very

I

t would open u p at certain seasons o f the

year a/splendid class of paper for re-discount to the
Federal R e s e r v e Banks,

a n d i t @ 6 well, I

think, s t i m u l a t e s

the thing that you mention, a n d I believe w e can afford t o
ieave i t i n there.

Mr. MeCord:

T h a t i s hargely true, too, i n interior

towns buying u p Xxx lots o f cottons

T h i s buyer buys 100

bales and the Bank pays sataak i t until h e gets the 100
bales.

T h e o r i g i n a l p l a n w a s t o c a r r y i t a s a n overdraft

and then they got around that b y giving this bill o f sale
attached t o the draft reciting that there were 1 0 0 bales o f

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Federal Reserve Bank of St. Louis


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Federal Reserve Bank of St. Louis

Cotton.

T h a t i e the eniy way ther ean handle cemmedities

in comeunities o f the South where cotten i s being moved,
under t h e preaent workings o f the law.

The Chairmen: T h i e s A-l appeals t e me as the kind o f
regulation «hich voul 4rromote the conversion o f the tock ace
eount w i t h t h e trade diseount i m the trade
the banke a r e generally giad t e get.

If $t i e not the opinion o f this meeting that w e showid
Submit a
Board

recommendation i n regard t e that paragraph t e the

« =

I cannet g e e a n y serious objection tic

in your opinion, sould b e the sit»
remaining

} Sisuse/ag i t is wpen other paper given b y
& merchant t e & manyfacturer o r others i n payment for sere
chandise, a n d not bearing a

statement?

T h e r e is a

good deal o f that paper now.
re O . Felis: I

think y o u would have t e reanire a

statement.

Wr. HeBousal:

i

t would mike ineligibie, I helieve, a

lergs amount o f the very best paper w e haveayailable now
at times from some Sources.

Mr. O. Vella:

I

f you strike thie out i t remains still,

Mr. Cheirwan, ineligibie.
Mr. Yold: i

thereughly agree with y o u that that purer

ig the eharagter o f paper that showld b e eneovraced t o be
improved Silene lesitimate lines.

P h a t I particularily

objest t o in this is the lastelmuse, that i t centains «

statement o n its face that i t was issued f o r goods actually
purchased o r sold. I

d o not think i t i s necessary o r

essential, a n d I a m afgaid i t would destroy t h e hecotiabil-

ity of the paper i n a great many cases. I

do not think

it would a d d anything t o it, because i f people a r e goins t o
make i t they will d o i t i n spite o f that statement i n
there. i

think, possibly,

w e could re-write that paragraph |

and put i n a paragraph there covering trade paper without
that clause. i

d o not know whether i t would b e

complete with that first clause o r not «---" such bill bears

the signatures o f the purchaser and the seller o f the
goods,"

T h a t does not apply t o it.

“trade paper"?

W h y not u s e t h e term

E v e r y banker knows what trade paper is,

if it i s a piece o f trade paper within a given amount,
The Chairman:

Y o u understand, Governor Yold, t h a t

under the provisions o f 1-2, @ statement o n the face o f
the n o t e t h a t i t i s i s s u e d f o r g o o d s a c t u a l l y p u r c h a s e d

or sold would relieve t h e member bank from the necessity

of putting the eligible statement o n the note.
Mr. 0. Wells:

A n d the latter clause would be the only

means o f identifying i t m ase trade paper?
Vr. Yeld: W e l l , make them certify i n their application.
ire M M

t

h

e enforcement o f such a regulation

| Would drive some o f the very best paper i n the country t o
the state banks.
The Chairman: I

beg your pardon, Governor McCord.

it i s not & requirement;

| is

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Federal Reserve Bank of St. Louis

expressed here.

i t i s i n fact a Privilege,

a s it

I t says that all notes issed te,

i n

the f o r m submitted f o r rediscounting b y the Federal Reserve
banks without t h e statement appearing o n the face »ith regard

to credit files,

T h a t is, i f it exeeeds $5,000 i n

amount .
Mri Wold:

S u p p o s e y o u pass that b y until y o u get t o

that credit f i l e parts

w a y b e i f w e c a n eliminate t h e eredit

file c u r troubles will b e over --- I mean, reference t o the

credit files, I

do net mean t o eliminate the credit file.

The Chairman?

T h e matter i s entirely i n your aialien

Mra MaDoumals SnexGeakamanx 8

Mr. Yold:

I will withdraw m y motion, Mr. Chair-

L e t u s consider this whole business down t e

the signature o f Mr, Hamlin,

a s a whole, a n d then s e e where w e

"get off",
Mr, Seay: I
Way .

I

think w e will make better progress t h a t

t i s very diffieult t o consider a part witheut

bearing u p o n t h e whole,
Mr. Yold:

S e c t i o n 2%

" T h e aggregate amount o f

obligations o f such depositer rediscounted a n d offered f o r

rediscount does not exceed $5,000, but in no event the sum
in exeess o f ten per Gent o f the paid-in capital o f the

_member banks"

Iam glad to see the bars let down; b u t when we let
the bars down t o a 36, 000 bank and take notes equal t o ten
per cent o f the capital, without a n y reference a s t o

whether they have got a financial statement, without kaxieg
being required t e furnish you w i t h @piece o f paper upon which

toextend credit, it is a bad practice to start with.

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Federal Reserve Bank of St. Louis

T t

is going t o the other extreme o f Circular No. i3,.
Mr. MeCord:

I

f i t i s put i n there,: Governor Yold, i t

Would b e possible for a $50,000 bank t o use one paper i n
New York, another i m Chicago, a n d another over i n Indianeapolis, without making a

statement t o y o u a s t o the condi-

tion o f that concern.
The Chairman: i
McCord;

d o not understand i t so, Governor

m o t f r o m this regulations

Mr. Pancher:

T h e y might have t e n o f fifteen thousand

doliars i n their files;
Mr. Yolds: O f f e r e d f o r rediscount - - “but i n n e event
& sum i n exeess o f ten p e r cent o f the paid-in capital o f
the member bank."
Mr. 0. Wells: I

believe I

would rather l e t i t stay

in, b u t i f w e find i t i s difficult,

w e will change i t i n a

year o r so.
The Chairman:

T h s i regulation a s a whole i s a tre-

méndous concession?
Mr. Wolds I

shovid say!

The Chairman:

T h e y have gone &

e

e

towards

meeting what they recard a s a pretty strong feeling among

the reserve banks, that the circular and regulation first

“put out shold be liberalized. 1

think we ought to con-

sider whether w e d o not want t o take advantage o f this
| opportunity t e get regulation that goes aleng w a y towards
meeting what a l l o f the reserve banks have certainly

desired,and that is, the ability t o de business without
too many restrictions?

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Federal Reserve Bank of St. Louis

Mr. Yold: I

am a member bank, a n d I come here t o

Wew York and I have got $50,000 eapital, a n d I offer
you @ $50,000 nete for discount --The Chairmen:
matter.

W

e would u s e our discretion i n the

Y e d o not have t o discount it.

Wir. pancher:

T h e mere fact that you certify i t does not.

foree t h e paper o n t o yous
Mr. Wold:

I

f that i s the way y o u construe it, I

waive

#11 objections.
Yr. Seay:

T h e y would take issue with y o u a n d use i t

for a n argument, I

a m sure about that; b u t y o u shoud] exere-

cise your discretion,

T I am sure you would, Mr. Strong,

and I know somebody else that w o u l d .
Mr. MeCord: I

had o n e m a n who h a d a $1400 note a n d

another note belonging t o the clerk c f the CountyyCourt f o r

$900.

w

e certified that theywere eligible,

took issue with hin. I

and I

told h i m I did not think t h e y were

eligible unless h e could show m e that h e went i n t o some

transaction.

H

e wrote m e and said, “Please send m e that

paper back and I will b e gaid t o send you another paper i n
its place. I
Mr. Seay:

recognize you are right and I am wrong.*®
W h e n y o u make regulations specific, t h e mem-

ber banks will offer y o u paper apparently complying w i t h

the circular,
Mr. MeCord:
/ t o refuse them,

A n d i t leaves y o u less ground u p e n which
T h e r e a r e & great m a n y captious bankers

who take advantage o f that situation,
Mr. Kaine:

T h a t might c o m e i n just a s well under

regulations Nos. 1 and 2.

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Federal Reserve Bank of St. Louis

T h a t tells you what t o doe

Mr. © . Yells:

T h e r e seems t o b e some necessity f o r

- making s o m e regulation a s t o eredit file.

T h e r e should

be language i n there giving t h e right t e define commercial

paper, that i t must make some definition o f commercial paper
and furnish the banks with that definition,
Mr. Seay: I

page 1.

think that i s very beautifully done o n

Y I think they ought t o be congratulated,

Mr. 0 . Vells:

D

e y o u believe that a means b y which

that paper m a y b e identified?
Mr. Yolds

M r e Chairman, W o u l d i t b e permissible t o

Suggest t h a t w e m a k e t w o circulars,

o n e t o t h e Federal Reserve

Bank for Governors o f the Beard, a n d one t o the member
banks containing a

definition o f commercial paper?

it g o out a n d the general rewarks g o out.

I

L e t

n this

appendix, i f it i s going t o be sent out, let that g o to
the member banks a n d where they a r e letting t h e bars d o w n here
and giving t h e m more o r legs latitud@é i n determining t h e

character o f the paper, let that g o t o the managers o f the
banks.

T h e y will exercise their ade discretion.
The Chairman:

G o v e r n o r Yold, I

do not want t o sugzest,

myself, a Solution o f the situation i n regard t e this
Necibetiun a n d ask the meeting t o adopts anything that might
| met b e good f e r you. I

think w e ought t o endeavor b y dis- |

‘ qusaion to arrive at an opinion here that is farily uniform,
and w h i c h w
e can all acepet a s a recommendation. I

can

see the difficulty o f the Federal peserve Board i n putting
out a regulation which states, first, t h e bare requirements

of the statute, and, second, makes a definition b y statement

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Federal Reserve Bank of St. Louis

of principles, o r character o f the paper that i s eligible,
and then practically s a y nothing t o the member banks a s t o
how they shall errive a t a correct knowledge o r give such
evidence o f the fact that i t i s eligible, a n d comply
with that definition that they have made, w h i c h i s a statement o f principles rather than a procedure,
I must s a y that I sympathize w i t h their desire t o let

down the bars i n the case o f the small bank, permitting
them t o discount paper f o r their customers without a

whole

ict o f red tape a n d credit f i l e a n d information that i t

might takes years t o compile, a n d at great expense.

O n the

other hand, i f the statement contained i n subdivision 3

of

this regulationis giing t o interfere w i t h t h e reserve banks

in using discretion, i t appears t o give license t o the
mamber banks i n requiring these almest a

rediscounts o f cer-

tain paper that i s t o somply with this, w e ought t o convey

that t o the Federal Reserve Board a s our opimion.
Mr. Kaine: I

think there i s great danger with

regard t o the country banks arising from the fact that the
Federal Board issues-certain cireulars and the Federal
Reserve Banks issue certain circulars, I

would not have

very much objeetion t o thid going o u t f r o m m y o w n office,
‘but I d e not like t h e member b a n k getting inte i t s
mind that

it can come and flaunt this thing i n my face and say
"You
have got t o d o it?

I

f you d o mot d o i t then they feel

that you are not léving u p te what you sakt should
do.
Mr. MeCord:

H o w would i t d o t o a d d this after
the

Second s e c t i o n s : —

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Federal Reserve Bank of St. Louis

"Nothing herein ¢ontained shall prevent t h e
Federal

190
Reserve Bank from asking s u c h information f r o m time t e time
as they m a y desire.*
Mr. Fancher:

W h e r e would y o u put that i n ?

Mr. MeCord:

R i g h t a t the end, after t h e words "*nem-

ber banke i n the third line o f subdivision 2 . T h a t would
meet M r a Wold's objection, I
Mr. Wold: I

think.

have n o objection t o i t exeept a s giving

to the member bank --Mr. MeCord:

W h a t I

mean i s that, t h a t your member

banks s h o u l d n o t t h r o w u p t o y o u t h a t y o u h a v e g o t t e t a k e

this paper,

T h e y will say, “That i s all right.

people a r e borrowing f r o m other sources." I

These

want t o

know s o m e t h i n g a b o u t t h i s o t h e r p a p e r s
Mr. Yold:

W

e have b e e n talking a n d writing t o o u r meme

ber b a n k s a n d u r g i n g t h e m a n d i m p r e s s i n g u p o n t h e m
the

necessity o f getting their eredit files out o f their heads
Upon paper a n d being able t e show u s the basis u p o n
which t h e y e x t e n d eredit.

T h i s goes o n a n d saysit i s not

necessary; i f you know the man it is all right,
The Chairman:

G o v e r n o r Wold, t h e cure f o r the regula«

tion o f that weakness that y o u have i n mind i s
t o put not i n

the middle o f the sentence, a s Governor MeCord sugzested;
that is, a t the e n d o f subdivision 2

paragraph A , b u t a t

of t h e

the end of the wheole/third section, a statement that
the Pederal Reserve Banks a r e i n n o w a y limited
i n their

right t e require any information they think best i n
reagrd
to any paper offered f o r discount?


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Federal Reserve Bank of St. Louis

Mr. MeCord:

T h a t nothing herein contained shall
pre=

vent t h e F e d e r a l R e s e r v e b a n k f r o m a s k i n e f o r s u c h i n f o r -

mation a s i t may from time t o time d e e m advisable.
Mr. Seay:

T h a t i s e x a c t l y t h e p o w e r o f t h e federal. r e r

serve banks want t o have; a n d i f you p u t that there i t seems t o
me t h a t t h e r e w o u l d b e v e r y l i t t l e u s e o f h a v i n g w h a t i s

Mr. Chairman, t h e board has splendidly defined,
t appears t o me, andsplendidly interpreted t h e special
requirements, a n d given t h e most accurate, dtativetive a n d
graphic definitions o f what i s commercial paper that t h e y
have y e t been able t o arrive at.
congratulated.

Then,

T h e y a r e certainly t o b e

“ i m a n e along with t h e statement

that every member bank will b e required t o certify i n
the letter o f application that t h e paper h e offers does conform t e these definitions a n d requirements, a n d there leave

the matter and leave the rest t o the Federal Reserve bank?
Every member bank will b e required t o certify i n the letter
of application, “ g o v e r t h e signature o f @ duly authorized o f ficer, that, t o the best o f his knowledge a n d belief, t h e
bill w a s i s s u e d f o r o n e o f t h e p u r p o s e s m e n t i o n e d

in

paragraphs I(¢c) and II(a) hereof, a n d that i t conforms t e
the provisions o f the act a n d the requirements o f this regue
lation.
The Chairman:

T h a t would n o t b e Governor Vold's

suggestion.
Mr. 0 . Wells:

W e would have t h e further confusion that

various i n t e r p r e t a t i o n s

o f t h e requirements a n d t h e manner

of c e r t i f i c a t i o n w o u l d b e g o i n g o u t f r o m t w e l v e F e d e r a l

Reserve Banks, i f you should destroy this No. 3 , a s I


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Federal Reserve Bank of St. Louis

understand y o u p r o p o s e

Mr. Seay:

t o do.

T o that point, eliminating these t w o things.

Mr. 0. VWelis;

I t would leave t o the Federal Reserve

bank the manner o f that certifibation?

Mr. Seay:

N o ; not the manner a t all.

Mr. O . Yells:

B u t y o u destroy t h e manner a n d the

way i n which t h e certificate should b e made -«Mr. Seay: E l i m i n a t i n g 1
Mr. 0. Wells:

and 1 A .

T h e n y o u s a y the member banks shall

mgcertify, e t c ?
Mr. Seay:

Y e s ; that t h e paper does conform t o the

character prescribed b y the Federal Reserve Board.
The Secretary:

Y o u d o not take i t that t h e requirement

does away with t h e right o f the Federal Reserve B a n k t o
make f u r t h e r i n q u i r i e s
Mr, Seay;

O

i f i t wants t o ?

n t h e contrary, e x a c t l y ,

I

t leaves i t

open t o make inquiries o f a $500 note o r a $5000 note o r

a $2500H note,
Mre Wold:

I f that i s the impression o f the other eleven

Governors a s to that paragraph I withdraw all objection.
The Chairman:

W h a t i s y o u r suggestion, G o v e r n o r S e a y ?

Mr. Seay: I

am just discussing that now and not m a k i n g

it i n the f o r m o f a motion.

I

t i s merely i n the discussion

period,
The Chairman:

W h a t y o u have suggested would leave o u t

of this regulation one thing that the banks i n Wew York will
welcome v e r y heartily, a n d that i s the requirement t h a t a l l
banks should have a eredit file; a n d this very distinction


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Federal Reserve Bank of St. Louis

has been s o prepared that after J u l y 15th t h e Federal
Reserve banks will n o t b e authorized t o rediscount purchase
paper w h e r e t h e m e m b e r b a n k s o f f e r i n g

i t f e r rediseount c e n

not certify that t h e y have c o t t h e information o n file,
Mr. Wold:

W e have g o t t o out that out?

The Chairman:
Mr. Wolds

Y o u would cut that out?

O h , most assuredly.

The Chairman:
Mr. Yold:

A

s t o purchase paper?

Y e s , sir.

T h i s stamp “chargeable f o r re-

discount" - - - w e d o not want anything o f that k i n d o n the
notes

Mr. Fancher: I

think i t i s very vital that that pro-

vision b e fin there. I

think t h e practice i s general o n the

part o f the small countrybanks,

a s t o small purchase notes,

because t h e representative o f the paper says that i t i s a
good thing.

v h e r e i s too much o f that kind o f paper bought.

They know t o o little about it. I
requirement. A

think that i s a splendid

bank t h a t g o e s o u t s i d e

o f its o w n territory

and buys John J o n e s n o t e f a x three o r four throusand o r thres
for four hundred miles away should have something i n its
files;

i t should know something about t h e paper.
The Chairman:

to putting a

G o v e r n o r Yold's objection apparently i s

statement: n
o the face o f the note. P o s s i b l y

your idea i s t o have that embodied i n the application itself
and a n identification m a r k appear i n the form o f application
as t o each piece o f paper?


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Federal Reserve Bank of St. Louis

Mr. Wold: I

thoroughly agree with Mr. Fancher that

there a r e t o o anmmy country hanks buying commercial paper

on the 0. K. o f the correspondent,
but I

o r o n general princifles,

d o not think w e should require t h e stamp o n these

notes.

T h a t i s n o justification f o r it. T h e y will b e

coming u p t o know before t h e y b u y i t whether i t i s eligible, a n d then w e will b e u p against it.
Mr. 0 . Yells:

I

n t h e p u r c h a s e p a p e r , M r . Chairman,

it p o s s i b l e f o r t h e m t o g e t a

signed s t a t e m e n t

i s

o f the

nature?
Chairman: I
0. Wells:
Seay:

think B O
B u t this provides:

Further

f o r a signed statement

o n i t m says, “ f o r a

duly certfied

Sopy.*
Mr. O. Yells: C e r t i f i e d b y a member bank o r notary
public,

A s t o the ordinary paper bought w e d o not g e t

& signed statement and you could not make a certified copy.
Mr. Aiken:

M r . Ghairman,

i n the Yorchester b a n k w e

almost never b u y @ piece o f paper without a s 4 general
principle insisting u p o n having a

statement covering t h e

last fiseal year before w e b u y that paper.

T h a t i s a rile

of the bank.
Mr. 0. Wells:

W e always have @ copy, b u t w e d o not

have i t certified,
Mr. Aiken:

I t does not a d d anything t o the cumber-

someness o f i t t o have 2 t certified.

The Chairman:

Y o u will find that commercial paper:

brokers, i f this regulation i s published requiring the
certified copy o f the statement, will g e t e their customers
“and say, “Now, i n order t o have this paper o f a character

that we oan readily handle, instead of giving us a state-


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Federal Reserve Bank of St. Louis

2195
ment which w e manifold i n our office, y o u have g o t t o
give u s those certified copies, a n d have your officers either
sign all o f them o r else give u s a n original signed statement a n d let u s attach t h e officer's certificate.”® 4
doubt i f t h e r e i s a n y d i f f i c u l t y a b o u t t h a t a t all.


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Federal Reserve Bank of St. Louis

T h e

vrokers i n New York a r e simeoly waiting t o know what t h e y a r e
required t o dos

Ur, FanchersThe Chairman:

T h e y are surely expecting f o do that.
W e wovld a l l like t o bring this discus-

sion t e a conclusion, I

know, a n d I think possibly w e c a n

divide i t u p inte subjects end make recommendation o f
subjects t o the reserve board.

* The first subject, possibly, showld be the requirements
of this regulation a s t o the class o f paper generally
known a s purchase paper,

D e e s anyone feel disposed t o meke

& motion which w e c a n adopt a s @ general recommendation t o
the reserve board a s t o t h e method o f dealing w i t h that
Class o f paper known a s purchase paper after J u l y 15th,
next,

b y this regulation?
Mr. Seay: I
Mr. Aiken:

think there m i g h t b e a special r u l e --M i g h t I sugsest, M r . Chairman, t h a t t h e

Secretary b e requested t o draft a

regulation t o b e submitted

to this conference somewhat t o this effect:

Incase

of a bill purchased otherwise t h a n from one o f its o w n
depositors t h e member bank shall certify ever signature
in its application f o r rediscount t h a t i t has i n its credit
files a

statement

@ f t h e financial c o n d i t i o n o f t h e bor-

rower, t h e date signed b y the borrower o r duly certified b y

196
& member bank o r notary public t o b e a copy o f the signed
statement.

T h a t e a n b e included i n the aprlication,

I think t h e r e i s s o m e q u e s t i o n

stamp. I

i n regard t o that

do not like the idea o f sticking i t o n the note.

It seems t o m e i t i s for the F e d e r a l Reserve Banl t o
certify whether i t i s eligible o r not, a n d not f o r the member
bank offering i t for redsicount,
The Chairman:

T h a t i s what w e a r e d o i n g now.

V

e

are requiring member banks t o certify that t h e paper
is
eligible i n their applications,
Do you offer that a s a motion, Governor Aiken,
regard t o t h e subject o f purchase paper,

in

a s distinguished

from customer's paper?
*
mH

Mr. Seay: I

The Chairman:

second t h e motion.

Y o u have heard Mr. Aikne's motion.

I s

there a n y further discussion o n that matter?

Mr. MeCord:

T a k e a town, say, o f five o r then thousand |

inhabitants, with four o r five banks i n it:

O n e bank i n

the town might buy a note which will not he a trade paper,
and yet that party may not have a n absolute deposit i n
the
bank.

The Chairman:

G o v e r n o r MeCordg w h e n this application

has been made f o r rediscount o f such @ note, t h e member
bank

will b e required t o state, a s I understand, that i t i s
either customer's paper o r purchase paper.

O f course a n y

member bank can attempt t o mislead the reserve bank i n its


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Federal Reserve Bank of St. Louis

statement, a n d i f there i s any doubt about i t i t will
undoubtedly m a k e inquiry, a n d i t would n o t b e possibit f o r
@ regulation t o define accurately what i s purchase paper.
Mr. MeCerd:

T h a t i s t h e troubie.

The Chairman:

not
t i s possible t e accurately define

I

what i s customer's paper. I
the d i s c r e t i o n o f t h e m a n a g e r

d o not believe so. I
o f the bank h a s a

think

gqod d e a l t o

do with that,
My. McCord: I

withdraw o b j e c t i o n t o it.

about a s good a s you c a n get it, I suppose.

T h a t is

Y o u wili

have some little trouble along that line, b u t I will n o t
be strict o n that i n m y district.
(The m o t i e n o f M r s A i k e n o n t h e s u b j e c t o f p u r c h a s e

paper, h a v i n g been d u l y taken, w a s put a n d carried.)

The Chairman:

I t seems t o me the next question t o

sonsider i s whether t h e evidence o f the eligibility o f cuse
tomer‘'s paper shall appear b y stamp o r endorsement o n the
paper itself,

o r shall b e confined t o statements made i n the

application for rediscount. I

am trying t o get i t b y a

process o f elimination.

Mr. MoeDougal:

I f it is in order, Mr. Chairman, I would

move that the evidence b e contained i n the formal application t o b e made b y the applying bank, rather than t o have
it stamped o n the face o f the note.


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Federal Reserve Bank of St. Louis

Mr. UoCord: I
The Chairman:

second that motion.
I s there a n y second o f Governor M o e

Dougal's motion?
wr. Aiken:

M a y I ask f o r information?

198

In different sorts o f foreign bills i s there a n y
such endorsement a s t o what t h e bill Ss: for?
The Chairman: A

Mr. Aiken:

great
many, & &&
cs ~

considerable majiorit
¥

A n d acceptances?

The Chairman:

Y e s ,

bill o r a n acceptance

or a

O f course w h e n y o u speak o f a
draft y o u a r e g e t t i n g i n t e

terms that overlap s o that i t i s almost impossible t o distincuish.

I

n London a

bill i s a n acceptance, practically

@lmost without exception.

H e r e a draft i s frequehtly a n

acceptance wikkuutxaxmepkiuxx b u t m a y not b e considered t o b e
@ bill.
Mr. Seay:

W h a t i s the form, Mr. Chairman,

i n stating

the nature o f the transaction?
The Chairman:

W h y , i t appears i n infinite variety i n

the bills t h a t . w
e see i n New York. I

brought over a hundred

sampies o f bills t o Washington n o t leng ago. S o m e o f t h e m read
this way, after t h e body o f the bill: “ V a l u e r e c e i v e d against
so m a n y b a l e s o f c o t t o n p e r s t e a m s h i p S o - a n d - s 0 ; l e t t e r o f
Credit s o - a n d - s o . "

Sometimes

indicating 1 0 0 bales o f cotton,

i t w o u l d j u s t b e 1 0 0 B.C,;

A t other times i t will give

the market. o n the bales a n d frequently i t would just refer
to the letter o f credit under which t h e bill i s drawn.

Mr. Kains:
by some initial,

M a n y times i t gives the name o f the firm
o r something o f that kindy

The Chairman: I

have s e e n some bills that give

an accurate deseription b y marks o f the goods against which
the bill i s drawn, t h e name o f the customer, t h e place f r o m

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Federal Reserve Bank of St. Louis

which i t sailed, a n d the date o f its sailing, together
with reference t o the letter o f credit.
Mr. Seay:

T h a t w o u l d i m p a i r t h e negotiability,

pos-

sibly, o f a domestic bill.
The Chairman: I

d o not believe w e have v e r y muog l a w

onothat subject yet.
Mir. Aiken;

W

e will get some before w e get through

with t h e Federai Reserve Banks.
Mr. Kains:

S o m e English banks will n o t d o anything.

They just p u t their names across, a n d they will n o t change
it either,
change it.

I t 4 s a n illegal thing, b u t t h e y will n o t
T h e y always pay.

Mr. MeCord:

T h e l a w merchant would govern that, I

suppose.
The Chairman:

A r e you ready f o r the question u p o n t h e

motion made b y Governer McDougal?

(Cries of *Question.")
(The motion o f Mr. McDougal, having been duly
seconded, w a s put and carried.)
The Chairman:

T h e next question,

i t seems t o me, i s

as t o the character o f evidence o f eligibility w h i c h m a y
be required o r permitted a s t o customer's paper, a n d that

subject would divide itself into two parts. T h e first is,
shall a n y special privilege o r advantage b e given t o paper
which bears evidence o n its face that i t i s trade paper,
double named tarde paper?


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Federal Reserve Bank of St. Louis

Mr. Seay:

D o e s n o t that paper carry i t s o w n evidence?

the Chairman:

O f course, customs v a r y i n different


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Federal Reserve Bank of St. Louis

of the country, Governor Seay.
a note
for many years i t was the. practice f o r the maker o f

note
to draw i t directly t e the i e r o f the bank where the
to
was being discounted; e n d then, strange t o Say,
friend,

a n accomodation endorser,

to

efof the note just his name, T h a t had a n extraordinary
endorsefect o f making t h e accomodation endorser f o l l o w t h e
ment o f the bank before t h e note got negotiability.

Mr. Seay: T h a t i s quite prevalent i n our district,

fhe Chairman:

T h e only advantage i s t o disclose quite

endorse~
clearly that such a n endorsement i s a n accomodation
ment.

T h a t c u s t o m i n N e w Y o r k i s gradually d y i n g out.

in meny cases n o w where accomodation endorsements
os

are obtained i t i s done either b y making2 t h e & ecomodation

obligation the obligation o f the payee o f the note, o r
else have t h e maker o f the note d r a w the note t o his o w n
erder, a n d then endorse it. and have t h e accomoéstion endorser a d a his endorsement after that.

W h e n a note i s

drawn and properly drawn i n that w a y i t does obscure t h e
character o f the note.

I t does n o t disclose t h e fact

thet i f i s a n aecomodation endorsement,

a s i f m a y i n many

cases, a n d a provision such a s i s contained i n 1-A i n
this requirement would i n fact stimulate o r might stimu-~
late, t h e creation o f a class o f paper which would bear
evidence o n its face that i t i s not o f a n accomodation
character.

Y o u probably a r e eware that v e r y much o f the

Clafflin paper was drawn i n odd smounts n o t beceuse i t

201

represented a n account o f goods sold, but that each amount
appearing i n the bill was a method which they had devised
of locating the bill o n their books.
practice,

I t was a n ingenious

i n fact, a n d i t was a n accomodation paper which

was manufactured b y the subsidiaries a n d put o u t b y the

Clafflin Company.

I t hes been very wevyersly criticised.

In the case o f a note representing t h e sele o f goods
which bore t h e same evidence o n its face that i t represented

@ gale o f goods that a draft for acceptance bears, such as
we have been discussing, that would i n fact make i t pretty
easy and simple for the Federal Reserve Bank to say, "this
is trade paper. Thies is not a n accomodation note”; and,
personally, I

had rather favored the idea o f encouraging t h e

making o f that paper.

I f i t c a n b e encouraged, obligations

of buyers o f goods f r o m manufacturers will b e more promptly
met i f a note represents a n account, rather than just a n
aecount o n the books.

O m e company i n New York o f which I

was a director for many years carried from five t o eight
million dollars o f accounts receivable o n its books. I
agked t h e president o f the company not very long a g o h o w h e

that h e could adwould feel i f there were some good reason 2mxxgkxkugekinx

-wance to the customers of his company for giving him a note


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Federal Reserve Bank of St. Louis

representing their account rather than t o carry i t along
on the books.

H e said i t would b e #11 right.

"These people owe us millions.

U e said,

T h e y write us, when the

account comes due, under the terms o f our selling arrangements, a n d say thet i t i s not convenient t o pay just now,

ana to let it rum along thirty days, and we would rather


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Federal Reserve Bank of St. Louis

202
have @ ® note that h a s got t o b e met, o r they are i n default.”

There are a great many dealers that would welcome
anything that would stimulate the conversion o f book eccounts
into notes,
On the other hand, there i s another class o f merchants
in few York who state that i t would b e very difficult t o

bring that about becense their customers are i n the habit o f
getting o u t o f contracts, e v e n where t h e goods have been

Shipped, b y claiming shortage i n weight o r difference i n
quality.

I f they have given ae note they camnot make a eleim

back o n the seller; b u t i f i t i s a n open account t h e y just
simply ship t h e goods b a c k and s a y they are n o t u p t o stend~

ard, “and w e want you t o credit i t back o n our account."

TI

think those merchants would b e glad enough t o have that;

but they think i t would b e a very diffieult think t o control
their book accounts now,
Mr. Kains:

T h e wholesale houses i n New York, where

they sell their goods a l l over the country, d r a w from t e n
to twenty o r thirty thousand dollars a n d g e t a n acceptance
in, a n d when they discount t h e m a t the bank perhaps 2 5 per

eent come back. T h e y always heave a note protest slip attached t o them, and they are charged back t o the firm.
The Chairman:

T h e Federal Reserve Board was undoubted-

ly trying t o bring about a

most desirable thing, a n d that

is to stimulate the making o f trade paper thet i s issued b y
sellers o f goods a n d discourage t h e maxing o f single name
paper that i s issued b y sellers o f goods t o enable t h e m t o
eerry their customers’ accounts, a n d their customers a s k


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Federal Reserve Bank of St. Louis

for extensions,
I think i f this meeting would care t o make a recommendation to the Federal Reserve Board i n regard t o that matter
they would heed i t and give i t eareful consideration,
Mr, Seay: T h a t i s a very great thing t o be brought
about.

T h a t would b e one o f the most widespread goods t h a t

ean b e achieved b y the operation o f the act.

Mr. Aiken: I

think we can afford t e take s o m e trouble

with out customers for the sake o f encouraging that praetice.
Mr. Seay:

But I

do not s e e where that would neces-

sarily operate toward bringing that condition about.
She Chairman: ‘ T h a t i s the first s t e p i n that direction, Hr. Seay, i n that i t eliminates t h e necessity o f a

stamp o n the face o f the paper, o r a kind o f evidence that
is required a s t o paper that dees not furnish i t s o w n ¢evidenee o f its eligibility.
Mx. Wold:

T h a t character o f paper i s a paper that

& great m a n y o f us are very glad t o get.

not require any stamp o n it.
ig necessary.

W e do

W e d o not think any stamp

T h e banker can detect i t when h e sees it,

and the fact that i t was said i t was meeting a l l requirements would not make i t a n y better, t o m y notion,

o r would

or enhance the value o f the paper; b u t i t might impair its
negotiability.
Ur. Aiken:

H o w would s u e h a note resd? “ S i x months

after date I promise t o pay John Jones 85,000, payable
at the National C i t y Bank.

T h i s note i s given i n payment


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Federal Reserve Bank of St. Louis

--- and signed b y John Jones?
The Chairman: I

should say, Governor Aiken, thet i f

this regulation had any effect a t all, i t would probably
result i n merchants using e form o f note which would i n some
way embody t h e words “issued f o r goods actually purchased o r

sold." O r , "issued for goods actually sold", o r something o f thet sort. T h e t would b e i n compliance with this
regulation,
ur, Wola:

Y o u would have t o indicate t h e maker was

the buyer ani the payee was the seller. [ f t says the buyer
end seller,
Mir, 0. Wells: T h e r e seems t o b e n o good reason w h y

the language there should not b e left.
The Chairmen:

O f course “contains a statement o n its

pretty specific.

I t might meet the views o f the

Federal Reserve Bosrd i f i t says, “Contéine é h e evidence o n
its face”, o r something o f that sort. H o w e v e r , I

have n o t

the slightest intention t o urge this language o n the meeting, i f it is your judgment t o strike i t out entirely.
My. Wold: I

think we ought t o use the term “trade

paper” i n there i n some way which will not make i t cumbersome, b u t w e will have t o educate n o t o n l y the country bank-~

er, but ali the country merehants and dealers a s t o the form
of note, a n d raise t h e question o f its negotiability after
it i s made.

The Chairman: W i l l anybody make e motion t o clear
this thing up?
Mr. O . Wells: I

move t h a t t h e S e c r e t a r y b e r e q u i r e d


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Federal Reserve Bank of St. Louis

draft a

paragraph covering it.
Wold: I
MeCord:

second t h e motion.
F o w would i t b e t o suggest t h e substitu-

tion f o r t h e w o r d “ a n d " t h e w o r d “ o r ” ?

bears the signature o f the purchaser and the seller o f
goods, o r contains a statement o n its face that i t was
issued f o r goods actually purchased o r so1d.”"
Mr. Seay:

H a v e w e not, b y eliminating that stamp

on the paper, d o n e something thet will n o t discriminate
in any event between these t w o characters o f p a
My. 0 . Wells:

W e simply remove i t from the paper a n d

put i t o n the application.
know; b a t instead o f " i n the case o f &
bili w h i c h h a s b e e n d i s c o u n t e d f o r o n e c f i t s o w n d e p o s i t -

ors", read, “when such bill bears the signature o f a member
bank i t will b e required t o certify i n the letter o f application"--Mr. 0 . Wells:
The Chairman: I

W e have n o t come t o that yet,
have attempted a n entirely n e w divis-

ion o f these matters b y elimination.
Mr. MeCord:

H o w thet t h e motion h a s prevailed, I

moye t h e adoption o f the statement a s t o the whole subject.
Mr. McDougal: I
Mr. MeCord:
sections 1

d o not u n d e r s t a n d .
t
a
h
t

T h e whole business--- t o g e t r i d o f it,

to 3 . G o v e r n o r McDougal puts i t i n the f o r m

of a n application, a n d not o n the paper.
Mr. MeDougal: . That does n o t cover this 1 - A rule.


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206
Mr. Wold:

W h a t d i d the Council determine o n that, i f

we c a n ask a t this stage o f the game?

Mr. Seay:

W e were supposed t o arrive a t a n inde-

pendent judgement. I

think i t would b e stealing a march

for m e t o say.

Mr. Wold: I

think that some reference should b e made

there t o trade paper a n d permit u s t o teke i t without t h e
stetement t h a t w e are satisfied that t h e maker i s good.
We have reasonable assurances that i t will b e good a t matur-

ity, but I do not think we want t o throw a lot o f conditions
in the way the note should b e drawn. N o t e s are drawn i n
forty different w a y s i n this country.

The Chairman:

M a y I make a motion i n this matter and

have y o u put i t ?

Mr, Wold: I

have been doing most o f the talking. I

think maybe i t is time for me t o make a motion and let
somebody else talk,
The Chairman:

Y e are discussing m o w recomendations

to the Federal Reserve Board, without attempting t o put

them i n language for the regulation. W o u l d i t be your view
to recommend t o the Federal Reserve Board thet t h e regulations should provide that where a

note offered f o r redis-

eount bears s u c h evidence that i t i s made b y the purchaser

of goods and i s endorsed b y the seller o f goods, o r where
the bank i s able t o certify o n the application thet the

papor is made b y a purchaser and endorsed b y a seller o f
goods, o r i n the event any other evidence o f eligibility
will b e required t h a n the certificate o f the bank t o that


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Federal Reserve Bank of St. Louis

effeet--Wr. Wokhd: I

should think that allowed a

good deal o f

latitude f o r the banks t o determine.
Mre O . Wells:

Y o u l d that come i n under t h e certificate

of eligibility, withort specifying this particular class o f
paper?

She Chairman: T h a t was Mr. MeDougal's motion; that
¢6liminated t h e credit file,
Mr. MeDougai:

I n m y original motion regarding 1 - A

I moyed t h e t the words-~-or I

intended t o move, a t least---

that the words following "goods", a l l the remainder o f that
paragraph,

d e stricken ont, a n d I think n o w i f i t were

stricken out and the words “such bill bears the signature
of the purchaser a n d the seller o f the goods" remaining in,
and nothing else, i t would still stimulate o r encourage t h e
use o f the o l d style commercial paper o r trade paper.

I t

seems t o me that would b e enough t o leave there.

lire Wold: L e a v e out the words “buyer and seller o f
goods"?

0. Wells: Nos; you would have to specify. T h e y
might b e buyere and sellers of goods and yet not represent
the transaction for goods.

T h e goods means the goods for

which i t was given.

dir. MeCord:

T h e seller o f the goods fer which the note

was givene
Mv. Seay:

D o e s that cover your idea, Governor

Strong?
The Chairman:

Yes; I

think so.

I s there a motion,

Governor MeDougal?
Mr. MeDongeal: I

would move that 1-4 b e changed t o


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Federal Reserve Bank of St. Louis

read “such bills o r such bill bears the signatures o f
the purchaser a n d t h e seller o f the goods,"

am afraid, Governor McDougal, thet

fhe Chairman: I

the sentence would not b e complete,

Mr. MeDougel: W e l l , add "for which the note was
Then i t implies whatever that may be,
MeCord: T h a t covers it,
Chairman:
MeCord: I
Chairman:

I s thet motion seconded?
second that,
I s there a n y further discussion o f

Governor MeDougal’s motion?

(There being no further discussion, the question
onMr. MeDougal's motion was put and carried.)
The Chairman:

T o review the situation a s it now

stand, a s I recall it, w e heave adopted page numbered 3

without modification.

W e have adopted a resolution

recommending thet eredit files b e required after July 15

as to so-called purchase paper. W e have adopted a recommendation that evidenee o f the eligibility o f paper offered
for discount b e confined t o the application blank a n d should
not b e required t o b e stamped o n the face o f the note.
Governor MeDougal's motion is, i n effect, a

recommenda-

tion that a s t o eustomer's paper n o reference t o a credit

file i n the application blank will b e required i f the bills
offered f o r discount b e a r the signatures o f the purchsser

and seller o f the note for which the bill was issued.
We now have t o consider that class o f customer's paper

which i s not self-evident a s trade paper, a n d that question -

aivaes itself into two headings.
If you consider thet t h e small bank, t h e wmuntry bank,
Should have t h e privilege o f simply certifying paper s s heing
eligible, without a n y reference t o a credit file;

i n other

words, whether a credit file standard should b e adopted after
July 15, a s t o eustomer'’s paper o f a denomination i n excess

ef the amount t o be stated--Mr. Aiken:

M a y I ask information before that i s brought

up? U n d e r m y motion which I

asked t o have t h e Secretary

draft; d o e s i t preclude restricting credit files requiring
eredit fihkes f o r customer's paper? I

understood y o u t o

say that the requirement o f credit files was eliminated
except a s i t applied t o purchase paper.

The Chairman:

lo»

Mr. Aiken: B e c a u s e thet was not what I wanted,
lir, Seay:

W i t h reference t o that point, t h e Federal

Advisory Council made this recommendation. T a k e the last
paragraph f o r the purpose o f enabling i t t o f i x the certi-

ficate, they recomended the elimination o f those words,
and then recommended that t h e paragraph should commence a s

follows:
"Every member bank should"--=not shall---"maintain a
- @eredit file which should contain a statement o f the financial


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Federal Reserve Bank of St. Louis

condition o f the borrower, e i t h e r signed b y the borrower,
or duly certified b y a member bank o r a notary public t o b e

a copy o f the signed statement.”
Thereby making everything advisory instead o f manda-

tory, and suggesting t o the member bank thet i t do it, and


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Federal Reserve Bank of St. Louis

210
referring i t t o the Federal Reserve Bank i n dealing with
the members t o bring i t about a s best i t could.
The Chairman: C o n s i d e r i n g t h e recommendation o f the
Federal Advisory Council,

i f w e follow their recommendation .

we m a k e n o m a n d a t o r y r e q u i r e m e n t w h a t e v e r a f t e r J u l y 15th.

I mean that w e recommend n o mandatory requirement a f t e r
July 15, a s t o eredit files f o r customer's paper.
Mr Kgins:

B u t personally have n o t w e the right, t h a t

is, e a c h bank, t o insist o n that?
Myre Wold: W h e r e ?
lire Kaine:
Start. I

W e sre certainly doing i t right f r o m the

have heard a l l this time about n o t getting

credit files, b u t I

do not give a n y money unless t h e y

give m e a statement.
Mr. Seay: T h a t i s the idea, t h a t t h e Pederal Reserve
Banks would have their o w n insistence u p o n that.
ir. MeCord:

M a y I state what some o f our lerger banks

in Atlanta s a y about that? T h e y say, “Tur
W e are very glad i n deed that s u c h a recommendation h a s been put in, because w e
can not tell o u r customers w e want their statements."
The Chairman: I

would like t o tell y o u a conversation

that I had with the president o f one o f the largest banks i n
New Y o r k b e f o r e I

came o v e r her, a n d o n e o f t h e b e s t b a n k e r s

in New York, whom you all know, I have n o doubt.

H e said,

"I a m very glad t o feel that the Federal Reserve Board are

going to begin to establish a standard o f information for
the banks t o obtain f r o m their customers i n regard t o credit.
He said that o n e o f the greatest difficulties t h e y have i n


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Federal Reserve Bank of St. Louis

their bank i n the competitive system i s t o get their

large borrowers o n a basis where they feel that there i s
some real pressure f o r credit information that t h e y have f o t
to respond to.

T h e account t h a t h e stated a s illustrating

this point w a s @ very large account carried with a

nugber o f

$800,
other Hew York banks, where his bank had got a line o f
000, and this eustomer had recently asked for a n additional
discount o f $200,000, H e said, “The Reserve Board now are
going t o
giximge exact more information i n regard t o paper that i t
eligible t o redisecount. Y o u have never given u s a satisfactory statement o f your affairs, a n d w e know that y o u are
very large borrowers.

W e are not going t o increase your

loan unless y o u give u s the information,”
The never h e d given a detailed statement o f their af-

fairs, a n d they said, "Oh, well, under those conditions o f
course w e will give younour confidential statement." T h e y
dia so, a n d the statement w a s anelyzed a n d they g o t

Some o f the very large borrowers f r o m some o f
the biegest banks i n New York, u n d e r t h e influence o f

their ability t o go to some other bank i f they d o not get
everything they want a s a matter o f right, have been withholding f r o m the banks what i s very proper information. A n d
whether t h e stimulus t o better standards o f information
in regard t o commercial paper comes directly f r o m the Federel Reserve Goard i n the shape o f a regulation,

o r comes

+o all the member banks i n the shape o f a mere private

communication t o the Reserve Baugks, I do not believe makes


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Federal Reserve Bank of St. Louis

212
much difference either t o the reserve board o r t o the reserve n k e ,
got now. a

a s long e s the member benks feel that t h e y have

good, s o u n d b a s i s

o n which t o r e q u i r e m o r e i n f o r - a

standpoint o f. H e w York City,

where very large loans are given a n d where considerable
embarrassment arises i n getting
think t h e b a n k s

d i t information,

i n Hew ‘

eome t h e excuse t o demand
I a m sure

district, a n d I have h a d some bankers write that t h e y were
only s o r r y t h a t i t w a s n o t r e q u i r e d t h a t t h e r e s h o u l d b e s

sworn statement. I

a m telking o n both sides, now,

(Laughter)
believe

i t i s m e c t i o n a s t o w h e t h e r i t should come

from the Reserve Banks o r come f r o m the Reserve ®oard. I

believe thet i s the point.
The Chairman.

W e have got t o meet two situations i n

regard t o credit files, ‘ T h e r e i s n o question about that.
Much objeetion h a s been made t o the proposition thet a

smaller country bank should require statements from farmers

and other borrowers who really are not in a position t o
give statements because they d o not keep books.

i I believe

"£t would b é @ very méterial assistance t o the reserve
board i n starting out o n a sound basis e s to credit
information i f this meeting should make some general recom-

mendation a g to its standard o f information a s to the
reserve banks, n o t a s a part o f this regulation, b u t still


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Federal Reserve Bank of St. Louis

have something that would govern their conduct and then
exempt from the operation o f thet regulation that class
or d e s e r i p t i o n o f p a p e r w h e r e i t w o u l d b e i m p o s s i b l e

or

very cumbersome o r embarrassing f o r the emall banks.

If

yo can adopt a recomeendation that will cover those two
points I

think w e will have something that will b e o f mater-

ia@l advantage.
a m very m o h surprised, M r . Chairmen,

Mx. Wold: I

to

hear y o u state s u c h conditions i n New York. T h o g e condinot a p p l y i n t h e T w i n Cities.

would like t o ask Governor McDougel what

Keine: I

proportion o f the borrowers submit statements?
iy. MeDougal: I

could n o t tell y o u exactly what pro-

portion, b u t I could tell y o u that i t i s a wory large preportion thet d o submit them; a n d t h e eases that d o not are
rare exceptions.

T h a t h a s been m y observation.

In our large banks there i s not ea loan of
any importenee that t h e y have n o t statements; n o t one;
and regularly, e v e r y year, there i s 4 statement.
Ur. Wold:

I n the T w i n Cities t h e y not only require

statements, b u t that they must b e made b y certified accountants.
The Chairman:

T h e r e i s this curious situation i n lew

York thet does n o t prevail i n other cities.

T h e N e w York

banks generally have the sccounts o f those concerns that
sell paper, a n d they are not ordinarily v e r y large lenderse

As long a s there i s a market for commercial paper those
banks have never been called o n t o extend very large lines \
of accomodation, b u t just a s soon a s bad times arrive these


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Federal Reserve Bank of St. Louis

14
borrowers d r o p down pretty heavily o n the N e w Y o r k banks.
I ean name t o y o u richt now, a

concerns that

t h e open

dezen very important

t

make s t a t e m e n t s ,

h

e

i

r accounts

and wi

York b

Do t h e s e c o n c e r n s

to beokers?

Mr. MeDougeal: I
not.

T h e others,

d o not know.

Mr. Yains:
TRaes

kmow o f three o f those firms who d o

u s e d t o have accounts l i k e that i n

Sean

a

£PEMCLSCSs

:

leguoDci©
l

remember.

Ere Aiken:

I t was mot i n any form, w a s

lire HeDougeal:

T h e i r last statement w a s d u e some time

ey quit, a n d i t was slow i n coming out, b u t they
were i n the habit

The

ing this
however.

a

d

s t e t e m e n t s .

m afraid I

a m guilty, now, o f delay-

o not withdraw anything

p r e p a r e d t o advance some suggestion,

ty way o f motion,

o r otherwise, a 8 t o the subjeet o f credit

t o customer's paper aanwda } h o w i t
with r e ference
2
should b e d e a l t w i t h i n a

recommendation

to


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Federal Reserve Bank of St. Louis

215
That i s t h e i a s t i t e m o n t h i s program, e x c e p t t h e a p p e n -

dix.
Wold: C u s t o m e r ’ s p a p e r o r purchase paper?
Mr. Seay: I

a m o f the opinion, Mr. Chairman, t h a t

if the paragraph were made t o read i n the m a m e r I

suggest

ed---snd afterwards w e will make i t more rigid, maybe---

the suggestion would be followed. S u t do not make it so
figid that i t cannot b e departed from, o r there will b e
cases i n which t h e y m a y mever b e able t o request i t and g e t
it without difficulty; b u t a suggestion o f that nature would,
be very forceful, a n d I believe i t would bring about a n
improved condition.
Mr. Wold: I
to require a

d o not think i t would b e a n y hardship

statement.

W e require it.

Mr. 0. Wells: M r . Chairman, could such language b e
employed a s would permit t h e smaller paper a negative
requirement, r a t h e r than a positive one, a s i s used here b y
saying that credit filed shall b e established a n d maintained
&S a

requirement

o f eligibility u p o n e l l paper offered f o r

rediscount i n exeess of $5,000, and, b y implication, leave
papers below £5,000 purely i n the hands o f the Federal R e serve Banks? W o u l d that meet t h e objection expressed early
in the evening?

The Chairman:

The >

Substantially the effect o f this;

Mr. 0. Wells:

Tha 8

substantially the effect, but

does i f quite meet t h e objection advanced some little
time b a c k a s t o making i t prominently before t h e member
banks that i t has a right t o offer rediscount paper u p t e

$5,000 without a statement?
fhe Chairman:

Yes; I

see t h e point. T h e n , Governor

Wells, y o u r suggestion i s that a

separate circular b e issued

to the Federal Reserve banks, 9a n d n o t made a

part o f this

regulation, w h i c h will advise t h e manag ment o f the Federal
Reserve Banke thet t h e y shall require member banks t o
maintain eredit files a s t o their customers, b u t that r e quirement m a y not b e exacted id” those ceases where t h e paper
offered f o r discount does not exceed £5,000 i n amount b y any
one borrower,

o r does n o t exceed t e n p e r cent o f the paid-in

capital o f the member bank?

Mr. O. Wells: I

am not following the order establish-

ed before t h e making o f recommendations t o the Federal R e serve Board covering t h e subject matter. I
thinking o u t l o u d

a s to whether

was simply

o r not w e could n o t make

such a recommendation thet the requirements o f eligibility
shall b e maintained i n a credit f i l e which shall apply t o
customer's paper, b e i n g obligations o f depositors, rediscounted o r offered f o r rediscount,

i n a n amount i n excess

of $5,000, and, b y implication, leave the smaller amounts t o
the j u d g m e n t a n d d i s c r e 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 a n d

still p u t i t i n the circular?
Mr. MeCord: I

think thet m y s t a t e m e n t . e
d
a
m i n the

beginning would eover t h e whole thing---one circular, a n d
be done with it.

l e t i t stand a s i t i g there i n print.

"Hothing herein contained shall prevent t h e Federal

Reserve Banks from calling for any statement and making
investigations a s t o credits.”


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Federal Reserve Bank of St. Louis


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Federal Reserve Bank of St. Louis

217

That gives y o u leeway.

I t vives t h e banks t h e privil-

ege o f discounting that small peper i f they s e e f i t t o d o
so for a sountryman a n d n o t requiring a statement, a n d yet
it seems t o m e i t does give t h e m the privilege o f ealling
for i t i f they want it,
The Chairman:

I t will take a

motion t o clear this

up, gentlemen,

Mr. MeCord:

A l l right; I will meke thet a s a motion,

if I ean get a second t o it, thet that language b e inserted,

Mr. MeDougeal: T h a t will net complete the document.
Mr. Fancher:

I t seems t o me thet the Federal Reserve

Board was attempting t o simplify these regulations and t o
make them workable w i t h t h e small bank, a n d t h e serious o b jection h e s come f r o m the small bank.

I f you provide some

limit y o u c a n take a s t o small notes, without requiring a

statement, a n d permit the Federal Reserve Banks t o exact
such information a s m a y satisfy them a s t o the strength
end eligibility o f the payer, a n d then make mandatory above

& certain limit that after July 15 they have credit files
above a

certain amount.

ire Seay:

T h e t goes b a c k t o A-1 a t the t o p o f

Chairman:

N o » A-2.

Seay: Y e o ; A-2; t h a t i c right.
Wold:

T h e only objection I think the most o f us

have i s that the statement i s stemped upon the face o f
the note.
Mre MeCorad:

W e have eliminated that, o r a t least

we have recommended that that h e put o n the application

blank, b u t not o n the note.
ir. O . Wells:

T h e stumbling block i s whether w e

shell accept this alternative.
The Chairman: I

move that i t is the sense o f this

meeting that w e recommend t o the Federal Reserve Beard
that t h e Federal] R e s e r v e B a n k s b e required,

o n and after July

15, t o get evidence from the member banks that they have
credit files i n relation t o borrowers whose notes are offerred for rediseount except i n those eases where the amount
borrowed does not exceed a maximum t o b e fixed b y a later
diseussion here,
ir, MeCord:

Y o u mean b y that t o make i t mandatory

upon the member bank t o maintain those files?
The Chairman: M a n d a t o r y o n the reserve banks t o require evidence f r o m the member banks that they have eredit
files a s t o the affairs o f eustomers whose notes they offer-

ed for discount where they exceed a minimum amount.
ir, Aiken: I

second the motion o f the Chair.

(The motion, having been duly seconded, w a s put
and earried,)
Mr. 0. Wells: I

move you, Mr. Chairman, that that

limit b e fixed a t $5,000.


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Federal Reserve Bank of St. Louis

Mr. Fancher:

O r not over t e n per cent o f the capital.

MY. Siken: T h e t i s i n accordance with A-2.
QO. Wells:
Fancher: I
Wold:

D o I get a second t o that?
second thet motion.

M a y I offer a n amendment?

Chairman: Y e s .
Wold:

T h a t i t b e left t o t h e aiseretion o f the


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Federal Reserve Bank of St. Louis

Federal Reserve banks
Mr. 0 . Wells: I

think the lemguage o f Govemnor Strong

covers that.

Mr. Wold: B u t with reference t o loans o f customers o f

$5,000, where i t does not exceed ten per cent of the capital,
the question mey b e referred t o the judgment o f the Federal
Reserve Banks.
The Chairmen:

Y o u would exact that a s mandatory?

Mr. 0 . Wells:

Yet.

The Chairmen:

M r . Second, w i l l y o u accept that?

Mr, Pancher: Y e s .
The Cheirmen: I

will repeat t h e motion,

i f I may,

thet the eredit files b e required, i n the case o f customer's
paper, except where t h e amount d o e s n o t exceed t e n per cent
of the capital, a n d that t h e requirement a s t o eredit infor-

mation, eredit files, ete., o n borrowings not exceeding
$5,000 o r ten per cent o f the capitel o f the member banks,
be within the diseretion o f the Federal Reserve Bank.
Of course that languege ean be dressed up,
(The motion, b e i n g duly seconded, w a s put a n d

carried.)
Mr. Wold: I

move w e now proceed t o remove the

appendix. (Laughter)
There a r e o n e o r two requirements there t o b e included

in credit information that i t seems t o me are going t o meet
with a great deal o f opposition, o n e o f which i s D, whieh
provides a

maximum e n d minimum amount o f short time loans

during t h e preceding year and the anticipated maximum


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Federal Reserve Bank of St. Louis

during t h e present year.

Mr. Seay: W h a t i s the other one?
Mr. Wold: A

statement evidencing t h e purpose o f such

short time l o a n and t h e policy o f the borrower, ete.

The Chairman: H a v e you a motion o n thet subject,
Governor Wold?
Mr. Wold: I

offer the motion that w e recomnend t o

the Federal Reserve Board that thet b e eliminated.
Mre Kaine: I

second thats

Mr, Aiken: I

would like t o know just what Governor

wishes.

The Chairman: T h a t w e eliminate D and &.
Mr. Aiken: I

would like t o s a y that i t has been o u r

practice t o insist o n a statement o f the m a x i m a borrowings.

We want t o know a man's maximum loan, and I should b e sorry
to have thet cut out, because I think i t is a very important
thing to know.

W e have wool concerns i n Boston who a t times

owe very little, and at other seasons their borrowings
go up s o large thet they are ashamed t o tell you how much
they d o owe. T h e y are perfectly enormous i n proportion t o |

the capital o f the business; a n d I consider that very important and necessary.
Mr. MeCord: W o u l d not this b e true, that the statements thus would shew the financial strength o f the firm o r
corporation? W o u l d i t also b e true that i f they a i a under-

stand their feelings it would be largely in a commercial way,
<

a

f

because i t would b e handling the commerciel product o f the
country a n d would not i t also b e impossible f o r a n y concern


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Federal Reserve Bank of St. Louis

R21

to s a y t o what extent t h e y would u s e their eredit? I
would a n t o u t t h e anticipated statement. I

have i n mind

@ concern that, when i t is down to the minimum, owes shout

$200,000, and it goes up to five millions maximum.
Mr. 0. Wells:

I f we should eliminate D and E it

still would n o t preclude Mr. Aiken f r o m agdcing f o r thet i n é

formation i n eases where h e felt like i t was desirable.

5 0

I say thet a s « general thing i t might b e eliminated because
it i s objectionable.

The Chairman:

I s there any motion a s t o the rest o f

the appendix?
Mr. MeCord:

The Chairman:
Mr. Wold: I

. I move t h e t w e r e c o m m e n d t h e e l i m i n a t i o n

I s that motion seconded?
offer a motion t o that effect.

ir. McCord: T h e n I second his motion. ( L a u g h t e r )
(The motion, being duly seconded, w a s put and car-

ried.)
Mr. Aiken: I

would suggest thet the title, "Informa-

tion t o b e ineluiea",

b e carbene &

little.

My. Keine. “Suggested tio be included”, f think ought
to b e pnt in,

The Cheirman: W i l l you make thet a s a motion for the
purposes o f the recert?


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Federal Reserve Bank of St. Louis

Yes.
fhe Chairman: G o v e r n o r EKains offers t h e motion that
the words "suggested"

b e pat before t h e word "informetion"

in the section o f the appendix.

(The motion, haying been duly seconded, w a s put and

carried.)
Mr. Seay: T h e t i s not very greatly different from
the suggestion o f the Advisory Couneil.

(Further diseussion took place which the stenographor was direeted n o t t o report; a f t e r which t h e follow-

ing oeeurred: f
Mr. MeOord:

H r . Cheirman,

w e have taken this u p b y

sections, but the firet part o f the circular has not yet
been adopted.
“he Chairman:
My. MoCord:

T h e Cireuler itself?

Yes.

The Chairman:

H a v e y o u a n y suggestions about Cirenler

Hoe 3
, Governor McCord?
lir.O. Welle: . T h a t w e strike o u t t h e last paragraph?

Mr. MeCord: No; w e took no action o n that.:
She Secretary:

T h e motion w a s made b u t not put.:

Mr. 0. Wells: I

move that w e recommend the elimina-.

of the lest paragraph o f the cirenler,-:
The Chairman:

Mr. Seay: I

I s G o v e r n o r Wells’

m o t i o n seconded?

was under the impression thet that h a d

donee.
The Chairman:

T h e motion w a s made a n d then withdrawn


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Federal Reserve Bank of St. Louis

Mr. Seay: I

second the motion.

The Chairman:

I s there a n y diseussion o f that motion?

Mr. Kains: I

agree w i t h that, s o I wili n o t vote

for it. I

think whenever possible, t h o s e rules should b e

encouraged.

Mr. Seay:

W e have modified them very seriously.

Mr. Kains: I

know, butnas a rule they are all right.

The Chairman: I

think, gentlemen, there i s misundéder-

standing about t h e meaning o f this last paragraph.
last paragraph,

The

i n fact, means that while Circular No. 1 3

has been withdrawn, nevertheless t h e rules preseribed i n

Cireular No. 1 3 and regulations 2 , 3 and 4, should b e observed a s a matter o f banking prudence.
Mx. MeDougal: T h a t i s the very reason thet I think
it should b e stricken out.

T h e statement itself states

it i s t o supersede cireular No. 13; so, therefore, I

think

itwould be well to eliminate Cireuler No, 15 entirely
from consideration.
fhe Chairman: I

think Governor Kains had the idea

that this last paragraph referred t o the present reguletion.

I t refers t o those thet have b e e n superseded,

Governor Kains.

(The pending motion, having been duly seconded,
was put and carried.)
The Chairman:

Y o u have a l l been furnished with the

tentative regulation i n regerd t o the purchase o f revenue
warrants, a n d are familiar with those provisions, a n d I
regret t o s a y that I have n o t s

copy o f i t here.

W e are


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Federal Reserve Bank of St. Louis

asked t o conbider that regulation, a n d if you eare t o
diseuss i t and act o n i t without having a
do that now.

copy here w e c a n

I t i s the n e w one which h a s been adopted

and sent t o all t h e Federal Reserve Banks.
We will n o w take u p the tentative regulation i n regard t o revermme warrants.

H a v e y o u a n y suggestions o r

recommendations t o make t o the Federal Reserve Board i n
regard t o that regulation?
Mr, Aiken: I

have wondered i f it was not possibie t o

inelude i n that serial bonds maturing within six months.
Under the laws o f the Commonwealth o f Massachusetts covering

serial bonds provisions for payment are made from the tax
levies under chapter 27, Section 13, o f our revised laws,
as follows:
"A city o r town, instead o f establishing a sinking
fund, m a y vote t o provide for the payment o f any debt b y
such annual proportionate payments a s will extinguish the
game a t maturity, a n d thereupon such annual proportion
shall, without further vote, b e assessed under the provisions
ef section 3 7 of chapter 1 2 until such debt i s extinguished.
"Chapter 12, Revised Laws, Section 37,
"The Assessors shall annually assess taxes t o a n

amount not less than the agzregate o f all amounts appropriated, granted o r lawfully expended b y their respective

cities o r towns sinee the last preceding annual assessment
and not provided for therein, o f all amounts which are
required b y law t o b e raised b y taxation b y the said
cities o r towns during said yeer, a n d

of all amounts necessary t o satisfy final judgment egainst


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Federal Reserve Bank of St. Louis

225

the said cities o r towns during said year and o f all smounts
necessary t o satisfy final judgment against t h e said cities
or towns; w h i c h assessments shall n o t include liabilities
for the payment o f which cities o r towns have lawfully
voted t o contract debts.

T h e assessors m a y deduct t h e

amount o f al] the estimated receipts o f their respective
cities o r towne except f r o m loans o r texes, which a r e lawfully applieable t o the payment o f expenditures o f the year
from the amount required t o b e assessed; b u t euch deduction

shell not exeeed the amount o f such receipts during the
preceding year."
That makes a specific provision f o r the payment o f those

gerisl bonds from the tax levy i n the year i n which the bonds
fall due,
The Chairman: W i l l you effer a motion for a recommendation t o the Federal Reserve Board o r a modification o f
this regulation which will include serial bonds, t h e payment
for which i s provided o u t o f the t a x levies?

Mr, Aiken: I

will.

Mr. Kaine: S e r i e l bonds o f what?
Mr. Aiken: C i t i e s o r towns.
Mr. ¥Yains: Municipalities?
Mr. Aiken:

Yes.

Mr. Fencher: I

second thet motion. T h a t i s i n line

suggestion made b y the Board.
Mr. MeCord: I

want t o amend that,

i f I may. P i r s t

I would like t o asc how about bonds o f a stéte maturing
within s i x months?


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Federal Reserve Bank of St. Louis

226
The Chairman: I

believe that i s a different subject.

Can w e not dispose o f this a n d then take u p yours?

(Mr. Aiken's motion, being dult seconded, was
put and carried.)
fhe Chairman:

N o w , Governor McCord.

L e t m e briefly state a situation that might

Mr. MeCord:

be valuable i f we can get i t through.

T h e State o f Georgia

has a Lot o f bonds maturing i n May, a n d t o the first o f

Jaly, 1915. T h e y have @ considerable sinking fund.

A t

the seme time t h e legislature o f Georgie has provided f o r

the refunding o f such debts a s the sinking fund does not
sake eare of. T h e s e a r e very valuable securities.

They

stand u p with the Msgacmusetts securities i n value, and
under our conditions i n the sixth district w e eannot agree
to g o i n and buy them, because w e have got t o take care o f
the credits f o r the district; whereas, Chicago n o doubt
would like t o have those bonds i f they could b e legally

bought. A t l e n t a would like t o have them.
Mx. Fencher:

H o w long have they been out?

ir. MeCord A b o u t twanty o r thirty years.

T h e sink-

ing funds have been cleaned Up, a n d the State h a s not

defaulted i n any debt since the Civil War.
Mx. Wold:

A r e these just general obligations o f the

state?

Mr. MeCora: J u s t general obligations o f the State.
The Chairman: S u b d i v i s i o n B

of Section 1 4 o f the

would
Federal Reserve Act, reading o n l y a portion o f it,

suthorize the Federal Reserve Banks t o buy bills, notes,


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Federal Reserve Bank of St. Louis

227
revenue bonds and warrants with a maturity from the date
of purchase a n d n o t exceeding s i x months, i s s u e d i n anti-

eipation o f the receipt o f assured revenues b y any State,
Gounty, District, political subdivision o r municipality i n
continental United States.”
fhe language o f that subdivision does not include
bondse 2

It might b e thet the state bonds that you refer to,
Governor KeCord, would comply i n every respect i f they c a n
be construed a s bilis, notes, revemje bonds o r warrants, pro-

vided, o f course, the assured revenues t o which you refer
fell within the previsions e f this subdivision B. W o u l d
it be poraible for you t e submit the recomendetion that
you went t e make with information i n regard t o that specific
issue which would enable the board t o pass upon i t intelliw e would have toe make quite a n independ-

gently? O t h e r w i s e ,

ent investigation t o see that they did comply with the
statute.

I f that were found t o b e the case, that a n opin-

ion could b e given t o them upon whkeh t h e y could base
a&modification o f the regniations u n d e r which these invest-

menta are made, then we might b e i n a position t o purchase
gome o f those bonds.

Wr. MeCoré:

M y reason for calling attention t o it,

Mr. Chaixyman, w e s t o g e t a n e x p r e s s i o n f r o m t h e b o a r d a s

to wnether that elass o f eecurities would b e classed under
this section 14,

I f se, i t would b e one o f the most

desirable purchases t h a t a n y o f your banks could make.
The Cheirman:

M i g h t that n o t b e dealt w i t h b y first

e
h
t would undoubtedly remaking e n i n v e s t i g a t i o n - - - w h i c hy


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Federal Reserve Bank of St. Louis

228
quire, anyway, a n d submitting i t with t h e recommendation

So that 1 t would come from you with the information i n
regard t o the statute, a n d s o on?

Mr. MeCord:

W e l l , I would have t o defer that until I

could g o back hime and get that information, o r telegraph
for it. i

mean, I could not handle i t at this particular

time, because I have not the information at my fingers’
ends.
The Chairman.

W h a t i s your pleasure a s t o our action?

Mr. MeCord: I

thought i f we might bring i t in anywhere

in this discussion w e might get i t started; but I will. defer
the matter until I can g o home and get the information and
ask your ruling o n it.

fhe Chairman: W o u l d it be satisfactory if this meeting
passed a resolution requesting t h e Federal Reserve Board

tO entertain a n application ‘from the Governors o f the Federal
Reserve Bank o f Atlanta t o consider this specifie case when
the information i s submitted, a n d possibly embody i t i n the
tentative regulations?
Mr. MeCord:

Y e s .

Mr. Seay: I

apologize, lir . Chairman and gnetlemen,

for being a R i k i Seehtvekiives

D i d Governor MeCord

Say that these bonds a r e t o b e paid back a t maturity?
Mre MeCord:

T h e y will b e paid i n cash a t maturity,

out o f funds derived from a new loan.

T h e legislature o f

Georgis has provided for the sale o f new bonds.
The Chairman:

H a v e the new bonds been sold?

Mr. MeCord:

P a r t i a l l y sold, yes; n o t all.

Mr. Keine:

A n d y o u have a sinking fund?


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Federal Reserve Bank of St. Louis

Mr. MeCord:

Y e s .

The Chairman:

T h i s entire debt would b e mpk# paid.

G o v e r n o r MeCord, were t h e y issued i n

a& anticipation o f assured revenues?
Mr. MeCord:

T h e s e bonds? I

could n o t s a y for t h e

full amount; no.

The Chairman: I
Mr. MeCord:

am afraid they would hedge o n that.

T h e Constitution o f the State provides

that t h e debt shall n i t increase under a n y circumstances;
but, o n the other hand, since 1877, there i s a sinking fund

of $100,000 a year t o be set aside for the bonds.
The Chairman:

W

e had a n identical case, almost, i n

New York, the case o f some Brooklyn bonds which were shortly
to mature, a n d w e could n o t g e t them through, a n d w e put i t
up t o our o w n counsel.

H e stepped o n i t himself, a n d not

the Federal Reserve Board.
Mr. Seay: I

would feel positively convinced t h a t that

was a correct opinion.
Mr. McCord:

T h e r e i s n o trouble about t h a t point,

about t h e bonds being sold i n open market. I

am

trging t o get something that would bring revenue t o some
of these bankers.
Mr. Aiken: i

would like t o ask Mr. Curtis i f i n his

judgment serial bonds would b e barred?
sceretary: I

think i t i s a much closer question

other one.

Aiken:

“

e have talked that over a great deal i n
were
Bo@ton , and we believe that the bonds obviously not
eligible; b u t the question was a n open o n e i n our minds, a s


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Federal Reserve Bank of St. Louis

to serial bonds,
was o b e y *eial
d

a s to

°
are convinced t h a t t h e y

seconded, t h e Conference
LOePrenpon

1915, a t


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