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659

Minutes of actions taken by the Board of Governors of the
Federal Reserve System on Wednesday, April 30, 1947.
PRESENT: Mt.
Mr.
Mr.
Mr.

Draper, Chairman pro tern
Evans
Vardaman
Clayton
Mr.
Mt.
Mr.
Mt.

Carpenter, Secretary
Sherman, Assistant Secretary
Morrill, Special Adviser
Thurston, Assistant to the Chairman

Minutes of actions taken by the Board of Governors of the
Federal Reserve System on April 28, 1947, were approved unanimously.
Minutes of actions taken by the Board of Governors of the
Federal Reserve System on April 29, 1947, were approved and the
actions recorded therein were ratified unanimously.
Memorandum dated April 25, 1947, from Mr. Vest, General
Counsel, recommending that increases in the basic annual salaries
of the following employees in the Legal Division be approved effective May

44

1947:

Name
Lucy I. McColloch
Jean Crosby

Designation
Secretary to Mt. Vest
Stenographer

Salary Increase
From
To
$3,397.20 $3,648.00
2,694.96
2,845.44

Approved unanimously.
Memorandum dated April 24, 19470 from Mr. Thomas, Director
of the Division of Research and Statistics, recommending that increases in the basic annual salaries of the following employees in
that Division be approved effective May 42 1947:




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Name
Ramsay Wood
Lorman C. Trueblood

Designation
Economist
Economist

Salary Increase
To
From
$5,905.20 $6,384.00
5,905.20
50403.60

Approved unanimously.
Letter to Mr. Wayne, Vice President of the Federal Reserve
Bank of Richmond, reading as follows:
"In accordance with the request contained in your
letter of April 24, 1947, the Board approves the designation of the following employees of the Charlotte Branch
as special assistant examiners for the Federal Reserve
Bank of Richmond:
T. Wesley Bagby
Winfred W. Keller
Fred C. Krueger, Jr.
Harry J. Otten
Joseph G. Parks
Raymond R. Smith
Franklin S. Clark
William B. Drumheller
Paul D. Gilliam
Herman C. Yeager"
Approved unanimously.
Letter to Mr. Wood, Secretary of the Board of Directors, Little
Rock Branch, Federal Reserve Bank of St. Louis, reading as follows:
"The Board of Governors has received your letter
of April 26, 1947, with which you enclosed a copy of
the resolution adopted by your Directors upon the retirement of Mr. Bailey after 27 years of service to
the Federal Reserve System.
"It is a source of genuine satisfaction to the
Board to know that one who has 'been in the harness'
for that long a period should receive such commendation from the group of outstanding business leaders
in the area who have been most closely associated
with him in his work.
"The Board of Governors will be glad if you
will express to your Directors its appreciation and




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"if you will extend to Mr. Bailey the best wishes of
the individual members of the Board."
Approved unanimously.
Letter to the board of directors of the "Bank of Commerce",
Newark, New Jersey, stating that, subject to conditions of membership numbered 1 to 3 contained in the Board's Regulation H and the
following special condition, the Board approves the bank's application for membership in the Federal Reserve System and for the
appropriate amount of stock in the Federal Reserve Bank of New
York:

"4. At the time of admission to membership,
such bank shall have a paid up and unimpaired capital stock of not less than
$200,000."
Approved unanimously, together with
a letter to Mr. Sproul, President of the
Federal Reserve Bank of New York, reading
as follows:
"The Board of Governors of the Federal Reserve
System approves the application of the Bank of Commerce, Newark, New Jersey, for membership in the
Federal Reserve System, subject to the conditions
prescribed in the enclosed letter which you are requested to forward to the board of directors of the
institution. Two copies of such letter are also enclosed, one of which is for your files and the other
of which you are requested to forward to the Commisioner of Banking and Insurance for the State of New
Jersey, for his information.
"It is noted that the amount of estimated losses
shown in the report of examination for membership was
covered by valuation reserves established during the
examination.




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"In view of the fact that the applicant is not
and has no present intention of exercising trust powers, standard conditions of membership numbered 4
through 6 have not been prescribed. It is understood
that the applicant has been advised that permission of
the Board of Governors must be obtained if it should
wish to resume the exercise of such powers."
Letter to "The Nebraska City National Bank", Nebraska City,
Nebraska, reading as follows:
"This refers to the resolution adopted on January
14, 1947, by the board of directors of your bank, signifying the bank's desire to surrender its right to
exercise fiduciary powers heretofore granted to it.
"The Board, understanding that your bank has been
discharged or otherwise properly relieved in accordance
with the law of all of its duties as fiduciary, has issued a formal certificate to your bank certifying that
it is no longer authorized to exercise any of the fiduciary powers covered by the provisions of section 11(k)
of the Federal Reserve Act, as amended. This certificate
is enclosed herewith.
"In this connection, your attention is called to the
fact that, under the provisions of section 11(k) of the
Federal Reserve Act, as amended, when such a certificate
has been issued by the Board of Governors of the Federal
Reserve System to a national bank, such bank (1) shall
no longer be subject to the provisions of section 11(k)
or the regulations of the Board of Governors of the Federal Reserve System made pursuant thereto, (2) shall be
entitled to have returned to it any securities which it
may have deposited with the State authorities for the
protection of private or court trusts, and (3) shall not
exercise hereafter any of the powers granted by section
11(k) without first applying for and obtaining a new
permit to exercise such powers pursuant to the provisions
of section 11(k).
"A certified copy of the Board's certificate is enclosed herewith for filing with the State authorities in
connection with the release of the securities which you
have deposited with them."




Approved unanimously.

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Letter to the Honorable William E. Hess, United States
House of Representatives, reading as follows:
"We have received the letter of April 16, 1947,
from Mr. M. J. Bachrach, Cincinnati, Ohio, which you
sent us, and a copy of your reply to him dated April
18, 1947, regarding the question whether, in time of
peace, the Federal Government is authorized to regulate transactions of the kind which are covered by
Regulation W.
"The Executive Order of the President which is
the authority for Regulation W, was issued pursuant
to section 5(h) of the Act of October 6, 1917, as
amended. That statute authorizes such action by
the President 'During the time of war or during any
other period of national emergency declared by the
President'. The Executive Order recites that it is
issued 'in the national emergency declared by me on
May 27, 1941". The President has not declared the
end of that emergency. Accordingly, it is clear that
the authority still exists.
"We are not in agreement with the suggestion
that, because some intrastate transactions as well
as interstate transactions are affected, the exercise
of this authority is unconstitutional. Under the
President's Proclamation declaring the banking holiday
on March 6, 1933, all domestic banking transactions (including, of course, many that were purely intrastate)
were suspended for a time and then regulated. This action was ratified by Congress, 48 Stat. 1. Subsequently
Congress ratified the Executive Orders issued just prior
to our entry into World War II, including the one on which
Regulation W is based, 55 Stat. 838. The effect of such
ratification has been judicially construed. United States
v. Von Clemm, 136 F.(2d) 968.
"Mr. Bachrach's letter is returned to you herewith."
Approved unanimously.
Letter to the Honorable Alexander Wiley, United States
Senate, reading as follows:




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"This is to acknowledge receipt of your letter of
April 19, 1947, addressed to Chairman Eccles, with respect
to your purpose of introducing a series of bills in order
to effect the repeal of obsolete provisions of the Federal
statutes. In this connection, you are requesting that the
various agencies of the Government furnish you with reports
indicating any such obsolete provisions which might be repealed by Congress.
"We will be pleased to cooperate in assisting you in
connection with the constructive program which you have in
mind. A study will be made in the Board's Legal Division
of the provisions of Federal law affecting the Federal Reserve System and upon the completion of that study, we will
advise you if there are any obsolete provisions which in our
opinion might be eliminated from the statute books. As you
will understand, a study of this kind may take a little time,
but we will expedite it as much as practicable."
Approved unanimously.
Letter to Mr. Leach, President of the Federal Reserve Bank
of Richmond, reading as follows:
"Reference is made to your letter of April 24, 1947,
concerning a proposal to complete the air conditioning
of the Charlotte Branch building. It is noted that the
contractor has part of the necessary equipment on hand,
that it is believed satisfactory deliveries can be obtained on the remainder of the items, and that in the
opinion of the architects the work cannot possibly interfere with G. I. housing or other Federal efforts.
"In view of these considerations and the other information submitted, the Board will interpose no objection to the completion of air conditioning and summer
cooling at the Charlotte Branch at a maximum cost of
06,000 not including architects' fee of 8 per cent of
actual cost."
Approved unanimously.
Letter to Mr. Solon J. Buck, Archivist, The National Archives,
reading as follows:




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"Attached is a list in duplicate prepared on National Archives Form 108 requesting continuing authority to dispose of the records listed thereon after the
lapse of the periods of time indicated. Samples of the
material proposed for destruction accompany the list.
"There is also enclosed a list in duplicate prepared on National Archives Form 40 showing records of
the Board of Governors of the Federal Reserve System
that have been microphotographed, the originals of
which have no permanent value or historical interest.
A sample of the microfilm showing the manner in which
the records have been reproduced accompanies this list.
We shall appreciate your returning this film to us after
it has served its purpose.
"Some of the records referred to in the attached
list are confidential and, inasmuch as the rest of the
material listed does not have a sufficient volume to
justify its sale as waste paper, it is felt that all
of the records should be incinerated.
"It will be appreciated if you will have your examiners review the material as promptly as possible in
order that it may be included in the next list submitted
by you to the Congress of records to be disposed of."
Approved unanimously.
Memorandum dated April 28, 1947, from the Personnel Committee
reading as follows:
"The revised travel regulations adopted by the
Board on March 21, 1947, provide that the allowance
of 5O per mile for official travel by automobile shall,
in all cases, be subject to the approval of the Personnel Committee. It was not the intention that the
approval of the Committee would be required in connection with travel by examiners engaged in the examination of the Federal Reserve Banks or the travel
by employees engaged in the reviews of functional
expenses and personnel classification plans conducted
by the Divisions of Bank Operations and Personnel Administration, respectively.
"Accordingly, it is recommended that the travel
regulations be further amended by changing the last




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"sentence of the first paragraph ending on page 3 of the
regulations as shown below (omitted language stricken
and additional language underscored):
When using his own automobile in official
travel 4#1411-the-appreval-ef-4he-Reapdle-Pereemel
Cens4.44ee, the traveler may be allowed mileage at
a rate not to exceed 5O per mile in lieu of actual
operating expenses, except that jj persons referred
to in paragraph 3 above may be allowed reimbursement
on such basis only to the extent that such allowance
does not exceed the cost of transportation by common
carrier over the shortest usually traveled route betweea the points of travel, and (2) reimbursement for
automobile travel in accordance with the provisions
of this paragraph by others than those excepted from
the provisions of paragraph 8 of these regulations
shall be subject to the approval of the Personnel
Committee.
"If this change is adopted by the Board, travel by automobile by the employees referred to in the first paragraph
of this memorandum will be approved by the heads of the respective divisions as in the past."
Approved unanimously.

Approved:




Chairman pro tem.