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Minutes for

To:

April 14, 1958

MeMbers of the Board

From: Office of the Secretary

Attached is a copy of the minutes of the
Board of Governors of the Federal Reserve System on
the above date.
It is not proposed to include a statement
with respect to any of the entries in this set of
minutes in the record of policy actions required to
be maintained pursuant to section 10 of the Federal
Reserve Act.
Should you have any question with regard
to the minutes, it will be appreciated if you will
advise the Secretary's Office. Otherwise, if you
were pre bent at the meeting, please initial in column A below to indicate that you approve the minutes.
If you were not present, please initial in column B
below to indicate that you have seen the minutes.
A
Chm. Martin
Gov. Szymczak
Gov. Vardaman 1/
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson
1/ In accordance with Governor Shepardson's memorandum of March 8, 1957, these minutes are not being
sent to Governor Vardaman for initial.

114(
Minutes of the Board of Governors of the Federal Reserve System
Oil Monday, April 14, 1958.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

The Board met in the Board Room at 9:30 a.m.

Balderston, Vice Chairman
Szymczak
Mills
Robertson
Shepardson
Mr.
Mr.
Mr.
Mr.
Mr.

Carpenter, Secretary
Kenyon, Assistant Secretary
Fauver, Assistant Secretary
Riefler, Assistant to the Chairman
Thomas, Economic Adviser to the Board

Messrs. Young, Garfield, Noyes, Robinson, Williams,
Brill, Eckert, Jones, Miller, Weiner, Altmann,
Flechsig, Tamagna, Trueblood, and Wernick of the
Division of Research and Statistics.
Messrs. Marget, Furth, Hersey, Sammons, Bangs,
Reynolds, and Wood of the Division of International
Finance.
Economic review.

The review of international financial and trade

developments by the Division of International Finance shoved that, on
the basis of the latest available figures, United States exports had
continued to decline and therefore acted as a depressive factor on the
United States economy.

On the other hand, United States imports were

holding up fairly well and this was helping to sustain the economy of
foreign countries, particularly the European countries.

Despite the

fact that the liquidity Position of some foreign countries

as not

satisfactory, the general statement might be made that the liquidity
Or foreign nations

as holding up fairly well.

This did not mean that

farther decline in the United States economy, if it occurred, might
llot start a scrambling for liquidity, but that vas not happening at the
Present time.




4/14/58

-2The domestic review by the Division of Research and Statistics

Showed a continued downtrend in most of the significant economic indices,
although in some cases a tendency toward deceleration in the rate of
decline was noted.

While this development might be interpreted as

suggesting the possibility that the current recession would reach the
saucering out" stage at some time in the not too distant future,
statistical information currently available failed to provide a basis
for any definite conclusions of this kind.

Wholesale and consumer prices

continued strong, with perhaps a slight continued advance, but there
'were some indications of price concessions which might not be reflected
in the official statistics.
All of the members of the staff except Messrs. Carpenter and
Ksayon then withdrew from the meeting and Messrs. Hackley, General Counsel,
S°10mon and Hexter, Assistant General Counsel, and Hostrup, Assistant
%rector, Division of Examinations, entered the room.
Sale of "income debentures" by a member bank (Item No. 1).

As

Proposed in a file which hp0 been circulated to the Board, unanimous

i‘tznollml was given to a letter to the Commissioner of Banks for the
State of Minnesota requesting his views regarding the desirability, from
4

supervisory standpoint, of permitting the augmentation of bank capital

throUgh
the sale of "income debentures" of the kind being sold by the
hdelity State Bank, Minneapolis, Minnesota.

A copy of the letter is

Sttached under Item No. 1 and its approval contemplated that a copy
1(1Uld be sent to the Federal Reserve Bank of Minneapolis.




1142
4/14/58

-3-

Reports on bills to amend the Clayton Act (Items 2 and 3).

After

consideration of an informal invitation to testify on certain bills to
amend the Clayton Act now pending before the Subcommittee on Antitrust
and Monopoly of the Senate Judiciary Committee, the Board decided at its
meeting on April 2, 1958, not to offer to testify but instead to submit
a statement.

With a memorandum from Mr. Hackley dated April 10, 1958,

there had been distributed to the members of the Board a draft of letter
to the Chairman of the Senate judiciary Committee enclosing a statement
of the Board's views with respect to the pending bills (S. 198 and S. 722)
which would affect bank mergers.

The statement, which would reiterate

the position heretofore taken by the Board with respect to proposed
legislation regarding bank mergers, would be substantially the same as
the statement made by Chairman Martin before the Antitrust Subcommittee
of the House Judiciary Committee on March

8, 1957.

In addition, the Senate Judiciary Committee had requested the
Board's views on S. 721, introduced by Senator Sparkman in January 1957,

the purpose of which was to make less cumbersome the procedure prescribed
by section 11 of the Clayton Act for enforcement of orders issued by
administrative agencies.

A draft of letter on this subject had been

distributed with a memorandum from Mr. Hexter dated April 10, 1958.
At the request of the Board, Mt. Hackley summarized the position
taken in the proposed statement and emphasized that it was intended to




I

4/14/58
be entirely in accord with the position previously taken by the Board
on similar proposed legislation.
Mr. Hexter then reviewed the provisions of S. 721 and, after
certain minor changes in the proposed report on that bill were agreed
upon, unanimous approval was given to a letter to the Chairman of the
Senate Judiciary Committee in the form attached under Item No. 2.
With respect to the proposed statement on bank merger legislation,
the only modifications suggested were of a nature intended to clarify the
Board's position, there being general agreement with the view of Governor
Mills that as to matters of substance it would seem advisable to hold
Changes from earlier statements of Board position to a minimum.

If

necessary, it was suggested, any other points could be developed should

the Board be asked to testify before the interested Congressional committee.
Thereupon, certain minor clarifying changes in the draft statement
having been agreed upon, unanimous approval was given to the letter to
the Chairman of the Senate Judiciary Committee of which a copy is attached
Under Item No.

3.

During the foregoing discussion Mr. Farrell, Assistant Director
°f the Division of Bank Operations, joined the meeting.
Retention of employee in service subsequent to normal retirement
date (Item Vo. 4). Pursuant to the recommendation contained in a file
14hich had been circulated to the members of the Board, unanimous approval
1448 given to a letter to the Federal Reserve Bank of Kansas City approving




4/14/58

-5-

the retention of Mrs. Clara Lott, an employee of that Bank, for a specified
period beyond normal retirement age. A copy of the letter is attached as
Item No. 4.
Invitations to testify before House Select Committee on SmAll

21111111221E.

With reference to previous discussions concerning invitations

received by the members of the Board, except Chairman Martin, to testify
before the House Select Committee on Small Business on April 16 and 17,
1958/ concerning the small business situation, Governors Szymczak, Mills,
and Shepardson stated that they had sent letters to Committee Chairman
Patman accepting the invitation.

Governor Szymczak vas to testify on

the afternoon of April 16, Governor Mills at 2:00 p.m. cn April 17, and
Governor Shepardson at 4:00 p.m. on that date.
Governor Robertson stated that he had received a follow-up
request to testify and that he 'would do so at 3:00 p.m. on April 17.
Reply to Mr. Patman's statement of February 7, 1958. As authorized
bY the Board at its meeting on April 4, 1958, there had been sent to the
13residents of the Federal Reserve Banks for their comments and suggestions
rider date of April

9 a draft of letter to the Chairman of the House

Bknking and Currency Committee, and the proposed comments 'which 'would be
tl-ansmitted 'with that letter, concerning the criticisms of the Federal
Reserve System made by Congressman Patman in his testimony before that
Committee on February 7, 1958.

The draft documents were sent to the

Reserve Banks in a form satisfactory to Governor Shepardson in the light
°I* the Board's discussion of the draft material.




V1 /58

-6At Governor Balderston's request, Mr. Farrell commented on a

possible amplification suggested by Governor Balderston of the portion
of the proposed reply dealing with Mr. Patman's comment to the effect
that the Federal Reserve System had never had a Government audit or an
audit by anyone outside the System.

The suggestion of Governor Balderston

vas to include reference to the audits of the Board's accounts by public
accounting firms, as well as to the reviews made by public accountants
Of the procedures followed by the Board's field examining staff in
examining the Federal Reserve Banks.
The language suggested by Governor Balderston was discussed by
the Board and certain modifying suggestions were made.

During this

discussion Governor Mills stated that he had given to Mr. Farrell certain
sUggestions for changes in the transmittal letter and the accompanying
statement which were essentially of an editorial nature and were designed
to avoid the development of antagonism.
At the conclusion of the discussion, it was agreed that Governor
Balderston's suggested addition to the draft comments, modified to
reflect changes agreed upon at this meeting, would be distributed to

the Presidents of the Federal Reserve Banks prior to discussion of the
Proposed reply with the Presidents following the meeting of the Open
'Is-rket Committee tomorrow.

It was also understood that the memorandum

suggested changes distributed to the Presidents would include the
BUggestions that Governor Mills had made to Mr. Farrell.




4/14/58

-7In further comments

Mr. Farrell referred to certain suggestions

that he had received for the possible inclusion of additional material
in the Board's statement and to an informal indication that the Federal
Reserve Bank of New York might raise a question about the lack of reference in the proposed statement to certain matters, including Mr. Patmants
criticisms of open market operations.

It was the view of the Board that

the suggestions mentioned by Mr. Farrell need not be covered, at least in
the Board's current reply, and that the meeting with the Presidents
tomorrow would afford the President of the New York Bank an opportunity
to raise such questions as that Bank might have regarding the content of
the Board's reply.
During the preceding discussion Mr. O'Connell, Assistant General
Counsel/ entered the room and at its conclusion Mr. Farrell withdrew from
the meeting.
Proposed amendments to Bank Holding Company Act.
April

At meetings on

4 and 71 19581 the Board had given preliminary consideration in

general terms to suggested amendments to the Bank Holding Company Act
that the Board might wish to recommend to the Congress in connection with
the report on the Act which it would be required to make before May

91

1958.
There was a discussion of how the Board might proceed most expeditiously in its consideration of the amendments suggested in Mr. Hackley's
Memorandum of March 311 1958, and it was decided that a member of the
legal staff would make a summary statement with respect to each of them.




1147
-8-

4/14/58

Proceeding in this manner, the Board gave consideration to the
first 27 of the items submitted with Mr. Hackley's memorandum.

During

this discussion the meeting recessed and reconvened in the Board Room
at 3:00 p.m. with the same attendance as at the end of the morning
session.
As the result of consideration of this group of the proposed
amendments, it was agreed unanimously to include in the report to Congress
recommended amendments on the following subjects, as suggested by Mr.
Hackley's memorandum, with modifications in some cases as noted hereinafter:
1.
2.
2a.

3.
4.
5.

6.
7.
8.
9.
10.
11.
12.

13.
15.
18.
19.

Sec. 2(a)
Change to one-bank definition.
Sec. 2(a)
Indirect "control" through subsidiary.
Sec. 2
Coverage of pension trusts.
Sec. 2(a)(3)
Stock "held" by trustees.
Sec. 2(a)
Combination of clauses in definitions.
Company controlling bank that holds bank stocks as trustee.
Sec. 2(a)(A)
Sec. 2(a)(B)
Exemption of registered investment companies.
assets
"total
of
cent
80
per
with
Exemption of company
Sec. 2(a)(E)
.. in the field of agriculture".
organieducational
and
charitable,
Exemption of religious,
Sec. 2(b)(2)
zations.
Exclusion of "agreement" foreign banking corporations from
Sec. 2(c)
definition of "bank".
Sec. 2(c)
bank".
member
"State
Deletion of term
Sec. 2(d)
of
"subsidiary".
Conforming definition
holding companies
bank
of
Making clear that control of expansion
and "subcompany"
holding
"bank
parallels definitions of
Sec. 3(a)(1)
sidiary".
Company becoming a bank holding company because of termination
Sec. 3(a)(1)
of exemption.
Exception as to shares acquired in fiduciary capacity.
Sec. 3(a)(A)(i)
Restricting expansion to State in which principal operations
Sec. 3(d)
are conducted.
Liquidation of assets not acquired from companies in system.
Sec. 4(c)(1)




4/14/58

-9-

Eliminate exemption of shares owned by a bank which is a
Sec. 4(c)(4)
bank holding company.
20a. Limitation relating to value of holding company's assets.
Sec. 4(c)(5)
21. Exemption of labor, agricultural or horticultural organiSec. 4(c)(7)
zations.
22. Clarification of exemptions from divestment requirements.
Sec. 4(c)
20.

It was agreed unanimously that the suggested amendments on the
following subjects should not be included in the Board's report to the
Congress:
18a. Engaging in nonbanking business through subsidiary bank.
Sec. 4(a)(2)
L;ec. 5
power; injunctions.
Subpoena
23.
is a bank holding company.
that
bank
foreign
of
24. Examination
Sec. 5(c)
It was agreed to defe; for further consideration, a decision on
Whether amendments on the following subjects should be recommended to the
Congress:
14. Board approval for holding company banks' absorption of
Sec. 3(a)(3)
other banks.
Sec. 3(c)
16. Clarification of standards.
Sec. 3
17. State law as limiting acquisition of bank shares.
Comments with respect to the discussion of some of the foregoing
items are contained in the following uaragraphs.
The first item suggested recommending a one-bank definition of a
bank holding company in place of the existing two-bank definition.

In

discussing it, Mr. Hackley said that such a recommendation would seem to
be logically sound.

However, he doubted whether it could be said that

there actually had been cases which demonstrated the need for a change




4/14/58

-10-

in the law in this respect, and it seemed doubtful whether the Congress
Would give favorable consideration to such a recommendation. In the
circumstances, the staff would have some reservations about making the
recommendation.
Governor Robertson noted that the Congress could eliminate the
recommendation if it chose, and said that he did not think including it
would impair the prospect of obtaining other amendments. With regard
to the possibility which was mentioned of grouping this amendment in a
general statement along with certain other recommendations that the
Board had made when the Act was being formulated, he suggested that such
treatment would risk creating the impression that such recommendations
were not considered important. The purpose of the Board's report, he
said, was to provide a record, and the record should be complete and
clear. Therefore, he would include in it the recommendation for changing
to a one-bank definition.
The other members of the Board concurred in the views expressed
by Governor Robertson.
With regard to item 4, a recommendation intended to clarify the
meaning of clauses combined in definitions, it was understood that the
language of the recommended amendment would reflect an editorial change
suggested by Governor Balderston.
In connection with item 18, relating to restricting the expansion
Of a bank holding company to the State in which its principal operations




(

-11-

4/14/58

are conducted, it was understood that the staff would study the wording
Of the proposed amendment further in the light of a suggestion which
would specifically limit expansion to the State of the holding company's
Principal operations at the time that it became a bank holding company.
Item 18a suggested an amendment to paragraph (2) of section 4(a)
Of the Act which would prevent a bank holding company from engaging in a
nonbanking business indirectly through a subsidiary bank.

Comments by

the staff indicated some reservations about making such a recommendation.
It would involve the question of defining a nonbanking activity when
engaged in by a bank, a question which might produce the line of argument
that any practice engaged in by a bank in accordance with the laws of its
State is a banking business.

To accept such a line of reasoning would

suggest discrimination in the treatment of banks in various States and
would raise the question of the relationship of Federal to State law.
Furthermore, problems might result in regard to the relationships between
the Board and other bank supervisory agencies.

The legislative history

of the Bank Holding Company Act indicated that the Congress was not so
much concerned about the activities of holding companies that are banks;
the Congress appeared to have been more concerned with the ownership of
stock of nonbanking organizations than with the business carried on by a
bank.
tion
For these reasons, it was decided not to make the recommenda
suggested by item 18a.




1151
4/14/58

-12The amendment suggested by item 20 would eliminate the exemption

in section 4(c)(4) which permits a bank which is a bank holding company
to retain shares of a nonbanking organization acquired prior to the date
Of enactment of the Bank Holding Company Act.

While the amendment was

favored, it was understood that it would be so worded as to give an
affected bank an amount of time to divest such shares equni to that
granted for divestment to a bank holding company which is not a bank.
The amendment suggested in item 20a stemmed from the fact that
section 4(a)(5) of the Act exempts from the divestment requirements of
section

4 the ownership by a bank holding company of up to 5 per cent of

the stock of any nonbanking corporation provided such stock does not have
a value greater than 5 per cent of the value of the total assets of the
holding company.

Similarly, the law exempts ownership of the shares of

an investment company if the securities owned by the investment company
do not include more than 5 per cent of the outstanding voting securities
of any company and do not include any single asset having a value greater
than

5 per cent of the value of the holding company's total assets. While

the additional limitation in terms of the value of the holding company's
total assets would in theory seem to provide an additional safeguard, as
a practical matter it seemed questionable whether that limitation served
a useful purpose.
Governor Robertson said that he agreed with the recommendation,
but for a different reason.

In his opinion, the reason for the amendment

was to avoid the necessity to have to determine "value".
Other members of the Board expressed the view that the 5 per cent
sound
limitation in terms of the value of total assets was theoretically



-1'-

4/14/58

and. suggested presenting the recommendation on the basis that it was
designed to facilitate the mechanical administration of the law and
not to give any different meaning or intent to the law in this respect.
In the light of this discussion, it was agreed to include the
suggested amendment in the Board's report but to revise the statement
of reasons along the lines indicated.
The amendment suggested in item 21 would remove the existing
exemption of labor, agricultural, or horticultural organizations which
are bank holding companies from the divestment requirements of the Act.
The Board expressed agreement with a change in language suggested
by Governor Robertson which would have the effect of presenting a firm
recommendation in this respect.
Item 23 submitted with Mro Hackley's memorandum raised the
question of granting to the Board the subpoena power and the power to
seek legal process as a means of restraining violations of, and compelling
Compliance with, the Bank Holding Company Act.
In discussing these matters, Mr. Hackley said that logically he
could not help but feel that on balance a recommendation for granting
these powers to the Board should be made, for they were sound in principle.
However, it must be recognized that these powers would involve administrative difficulties and that they might affect the Board's functions in
fields other than the

aministration of the Bank Holding Company Act.

The power to issue subpoenas and the authorization to institute injunction
actions were therefore of such fundamental importance that the Board might
want to defer a recommendation.




1153
4/14/58
Governor Mills concurred in the view that a recommendation
should be deferred.

He pointed out that the Board's responsibilities

in the supervisory area are, by and large, of an administrative nature
and that they do not involve activities where those subject to the
aro
statutes being administered could flout the purposes of the law
escape penalty.

Having these powers would no doubt facilitate the

Processing of cases arising under the Bank Holding Company Act but
might at the same time vest in the Board powers going beyond necessities.
He did not feel that powers going beyond those required in administering
the statute should be sought.
It was then suggested that the subpoena power and the authority
for injunctions might be considered separately, and it developed from
the ensuing discussion that a recommendation for an amendment to the
Bank Holding Company Act giving the Board authority to institute injunction

actions was not favored. While the subpoena power was regarded

somewhat more favorably, in order to compel the attendance of witnesses
In connection with hearings conducted pursuant to the Act, it was pointed
out that the availability of this power would also contain the possibility
of certain undesirable features.

For example, parties at interest in a

hearing might demand that many witnesses be subpoenaed, with the result
that the proceeding would be delayed unduly.

Questions were raised as

to whether the lack of the subpoena power had substantially handicapped
the making of a record in proceedings thus far under the Act, and Mr.




4/14/58

-15-

O'Connell indicated that in some instances the record was less then it
would have been had the subpoena power been available.
Following further discussion, it was suggested that perhaps the
Board would wish to defer a recommendation concerning the subpoena power,
even though it appeared that its availability would be helpful in certain
cases, until evidence showed that a hearing under the Act had not been
fairly conducted because of the absence of that power. This led to the
further suggestion that a recommendation for authority to institute
injunction actions be deferred on the same basis, for developments in
the future might indicate that this authority, like the subpoena power,
vas needed for the proper administration of the Act.
At the conclusion of the discussion, it was agreed to defer
recommendations with regard to both the subpoena power and the authority
to institute injunction actions, with the understanding that the record
would show that there were valid arguments on both sides, particularly
in the case of the subpoena power, and that the Board would be willing
to give consideration at any time to staff recommendations if it developed
from

experience that a convincing case could be made that either or both

of these powers should be available.

It was also understood that the

record would show that, as of this time, it was the feeling of the Board
that a recommendation for the subpoena power had more merit than a recom
mendation for making available the authority to institute injunction
actions.
The meeting then adjourned*




4/ 4/58

16Secretary s Note: Pursuant to the recommendations
contained in memoranda from appropriate individuals
concerned, Governor Shepardson today approved on
behalf of the Board the following items affecting
the Board's staff:

Transfer
Mar)r11. Malarkey, from the position of Minutes Clerk in the Office
of the Secretary to the position of Clerk-Stenographer in the Division
of Personnel Administration, with no change in her basic annual salary
at the rate of $31840 effective the date she assumes her new duties.
Accertance of resignation
Elizabeth P. Tewksbury, Statistical Clerk, Division of Research and
Statistics, effective April 19, 1958




BOARD OF GOVERNORS
OF THE

Item No, 1
4/14/58

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

April 14, 1958
Mr. I. C. Rasmussen,
Commissioner of Banks,
209 State Office
Building,
St. Paul 1, Minnesota.
Dear Mr. Rasmussen:
This Board has under consideration the question whether
the sale of "income debentures" by Fidelity
State Bank, Minneapolis,
Ilinnesota, is in any way in contraventio
n of section 19 of the
Pederal Reserve Act and the Boardts Regulation Q relating to the
1?ayment of interest on deposits by member banks.
As you know, the
*taw prohibits member banks from paying any intere
st on demand deposits,
$irectly or indirectly, and from paying interest on time and
savings
clePosits at a rate in excess of that prescribed
by the Board. The
question involved here, of course, is whether the income debentures
should be treated as deposits for this purpose.
In certain respects, particularly in form, the debentures
40 not appear to be deposi
t liabilities. It is understood also that
theY are subordinated to deposit liabilities
and are issued only in
illUltiples of $100 with a fixed maturity which is now about
10 years
nd that purchasers do not obtain
a right to be repaid in the manner
411 which deposits are normally
repaid. On the other hand, it is
Ilnderstood that
the member bank advertises that the 4 per cent rate
ei on such debentures is "the highest interest rate paid by any
134,.,d
rancial institutions in the Upper Midwest", thus suggesting that
the
oebentures are akin to deposits. It may be noted
that this rate is
tone per cent in excess of the maximum now
permitted to be paid by
:
lber banks on time deposits. The question whether the debentures
d be regarded as deposits rather
than capital would become more
vIrfieult as the volume of such debentures increa
ses. To illustrate,
the
n
issuance of the debentures in an amount greater than an existing
g?
,ital deficiency would suggest that their issuance was
not for the
azPose of providing bona
fide additions to capital but rather to
w'ract time deposits at a rate which might violat
e existing provi4.°ns of Regulation Q.
It is understood that, in approving the issuance of such
entures by Fidelity State Bank, you indicated that they would
nstitute acceptable additi
ons to capital funds only for the purpose




GOARD

OF GOVERNORS

OF THE

FEDERAL RESERVE SYSTEM

Mr. I. C. Rasmussen

0f determining the ratio of the bankis capital to total deposit
liabilities, and that you expressly stated that they should not be
considered as capital for purposes of certain statutory limitations,
mach as those on lending money and investing in bank premises.
As you are probably aware, the Board has long discouraged,
except in unusual circumstances, the sale of notes or debentures as
a means of augmenting bank capital, since capital in this form creates
a fixed obligation of the bank instead of proving equity capital as
would the sale of common stock. If the practice adopted by Fidelity
State Bank should attain widespread popularity, it would tend to make
more difficult the task of bank supervisory authorities in requiring
banks to obtain additional capital through sales of common stock.
In the circumstances, before taking any definite position as
to whether the income debentures here involved should be regarded as
deposits within the meaning of provisions of Federal law relating to
Payment of interest on deposits, the Board would greatly appreciate
having the benefit of your views as to the extent to which it is
desirable from a supervisory viewpoint to permit the augmenting of
bank capital through debentures of this kind rather than through the
issuance of common stock.




Very truly yours,
(Signed) S. R. Carpenter
S. R. Carpenter,
Secretary.

Cd(
c),Oy,

BOARD OF GOVERNORS
OF THE

Item No. 2
4/14/58

FEDERAL RESERVE SYSTEM

•

iv,

WASHINGTON

OFFICE OF THE CHAIRMAN

4,1aztavP,,

April 15, 1958
The Honorable James 0. Eastland,
Chairman, Committee on the Judiciary,
United States Senate,
Washington 25, D. C.
Dear Senator Eastland:
This is in response to your letter of April 2 requesting
a report by the Board of Governors on S. 721, a bill "To amend
section 11 of the Clayton Act to provide for the more expeditious
enforcement of cease and desist orders issued thereunder, and for
Other purposes."
Und9r section 11 of the Clayton Act (15 U.S.C. 21) this
Board is authorized to enforce compliance with sections 2, 3, 7
and 8 thereof "where applicable to banks, banking associations,
and trust companies". The only proceeding that has been conducted
Pursuant to this authority terminated at a stage prior to the
Point at which would arise the problems of enforcement that led to
the introduction of S. 721. Consequently, the Board can not draw
upon actual experience with these problems in forming its judgment
as to the desirability of the proposed amendment of section 11.
However, it appears to the Board that the proposed enforcement procedure would be more expeditious than the present procedure without
adversely affecting the rights and safeguards to which respondents
14 Clayton Act proceedings are entitled. The bill would introduce
Into the Cleyton Act an enforcement procedure similar to that provided by section 5 of the Federal Trade Commission Act as amended

in 1938 (15 U.S.C. 45).

The Board of Governors favors the general objective
embodied in S. 721.




Sincerely yours,

Um. mcC. Martin, Jr.

1159
BOARD OF GOVERNORS
OF 'THE

Item Bo.

FEDERAL RESERVE SYSTEM

4/14/58

WASHINGTON

OFFICE OF THE CHAIRMAN

April 15, 1958

The Honorable James 0. F.astland,
Chairman, Connittee on the Judiciary,
United States Senate,
L'ashinr,
,ton 25, D. C.
Dear Senator Eastland:
The bills S. 198 and S. 722, which are the subject of
current hearings before the Antitrust and Monopoly Subcomittee
of your Coxraoittee, would affect directly the scope and character
of this Board's responsibilities in the enforcement of the
Clayton Act in its application to banks. The statement submitted herewith presents for consideration the views of the Board
With respect to these bills to the extent that they relate to
existing. or potential problems of competition and monopoly in the
field of banking.
Sincerely yours,
C,

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lIeC. Mar tin, Jr.
Enclosure




3

ii
BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM

Item No.

4

4/14/58

WASHINGTON 25. D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

April 14, 1958

Mt. Henry O. Koppang, First Vice President,
Federal Reserve Bank of Kansas City,
Kansas City 6, Missouri.
Dear Mr. Koppang:
In view of the circumstances outlined in your
letter of April 2, 1958, the Board approves the retention
in service of and the payment of salary through October 12,
1958

to Mts. Clara E. Lott, Secretary in the Administrative

Department, who reached age 65 on January 12, 1958.




Very truly yours,
(Signed) S. R. Carpenter
S. R. Carpenter
Secretary.