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2498 A meeting of the Executive Committee of the Federal Reserve /3c/ctrd w-cis -eld in Washington on Wednesday, August 15, 1934, at 4:15 ra, PRESENT: Mr. Mr. Mr. Mr. Black, Governor Hamlin James Thomas Mr. Martin, Assistant to the Governor Governor Black submitted a letter dated Aucust 1E, 1934, adclreso llazizet uY him to Governor Harrison, as Chairman of the Federal Open Ceziittee, in regard to the minutes of the meeting of the Federal C:pert arl:ot Committee held in Washington on June 26, 1934. The letter was approved as follows: ar "On July 3 Dr. Burgess wrote me sending me a tentative , aft of the minutes of the meeting of the Federal Open Marfet con-i!littee held at Wt,shington on June 26. These minutes Inelled a motion authorizing the executive committee to sell ?..to : ,500,000,000 worth of securities to the Treasury. Upon rethis letter from Dr. Burgess I arlvised him that the c3n Was not in line with my understanding from you of what 4 :as proposed that the system do. It had been my understand:11E, In the talk with you that the pro-oosition would include the shorter maturities of the system. To clear this therefore awaited your return from Europe before handling 1)-s matter with the Board as there seemed to be no reason for sPeedy action in the matter. Upon your return I had the .- 61' sas'u, re of discussingit with you and you pointed out that if 7-f? longer maturities were sold the earning power of the system be maintained by exchanging shorter maturities for longer I have reviewed the minutes of the committee meetthis morning. Since the Treasury has taken no steps discuss the purchase of any securities it appears to be unce , cessarY to have Board action on this at this time. Further aeration will probably be desired to be given to the tt..4t !'r bY the conference and such action as is taken then subto the Board for its consideration. Please ad.vise if 15 satisfactery." q !it 2499 8/15/34 There was presented a letter dated August 9, 1934, from Mr. Case, Peae r—Reserve Agent at the Federal Reserve Bank of New York, making certaill re"ramendations having for their Purpose principally the strengthening or tile earlilaing department of the Federal Reserve Bank of New York. casellsn accordance with the recommendations contained in Mr. letter, the following actions were taken: Ithe appointment of Mr. Ray M. Gidney as assistant Federal ,„"vs agent was approved, effective as of September 1, 1934, per all;Z,Lary in that position was fixed at the rate of $20,000 The appointment or Mr. W. F. Sheehan as chief examiner and Of, the force of examiners in the field, with salary at the 13:02' °I 1.2,000 per annum, was approved, effective as of the date .Q/11711-I ch Mr. Sheehan enters upon the performance of his duties. head rata. with The appointment or Mr. Gustav Osterhus as trust examiner, alarY at the rate of $6,000 per annum, was apnroved, effectiv : Q eptember 1, 1934. The Prom an examiners to the of the following assistant Desitio Promotion bac) , 11. of examiner, with salary at the annrnl rates stated ", was approved, effective August 16, 1934: Name Salary James B. Cronin IrellrY J. Hannen, Jr. John J. Quinn Charles D. Johnston Prank B. Montmeat Perris I. Palmer Hugh P. Reed t'p,700.00 2,700.00 2,700.00 3,000.00 3,000.00 3,000.00 3,000.00 Ileference was made to the portion of the memorandum dated June 23, fru, ' ' 4 • Goldenweiser, Director of the Division of Research and 44tiatice the 'relating to the desirability of having a System committee for 194, 1)1,0zrara eOf„ la.tung a study of banking laws and preparing a legialative Or co nsideration by the Board next fall, an. to the Recovery 2500 8/15/3,1 _3Corosaittoe aointed by Governor Black as set forth in the minutes of t4nieetinf the Board with the Governors and Federal Reserve Agents on 251 1934. It was decided that Governor Black in his capacity of Governor of the Federal Reserve Bank of Atlanta, Should be added to the Committee, and that it should now be comPosed of the following members: Messrs. Harrison, Young, Norris, Schaller, Fancher, Thomas and Black. G°17ernol- Black then stated that he had conferred with the President thiz aft "noon ar,.-7 that the President had agreed to accept his resignation as a r'le:13er ana Governor of the Federal Reserve Board, effective today. Secretary's note: The President's letter accepting . resignation of Governor Black, which was received by Governor Black subsequent to the meeting, reads as follows: the "I have resignation Goveror accepted, with great reluctance, your of the Federal Reserve Board, effective today as reby you. cille3ted II A_ Ati now that you are leaving Washington and returning to pe* dalita Where you will reassume the post of Governor of the. A„e l Reserve Bank there, I am glad you are undertaking a new --'1"ortant additional task. the You can do much good by presenting the recovery program to itstcountryt s reserve banks, commercial banks and other financial by 01;t11tions; by aoquninting them with the successive steps taken eong Administration Which have resulted in the present prosperous ete of these institutions and which make possible their coll'efation with the Administration in its program of complete busiFecin,j am pleased to think that your position as Governor of the tek,:r' Reserve Bank at Atlanta will give you opportunity to undersee'his work, and that that bank, together with the Federal Rewill'cooperate with you in its performance. 11 order that I may keep fully informed as your work proI wish you would send me reports from time to time. rtt also to express to you. my deep personal appreciation C3r t e Blamed , -01e service you. have rendered at all times since you reco,;'he Governorship of the Federal Reserve Board. The splendid thes Y°11 have made entitles you to the gratitude, not only of directly interested in Government and banking, but to the ‘se--coa Jo UE aAaosaa- Teaopaa Om tO.t3 aouTuxo ue 's4qoa Jo mum am 2uTanp so0TAaos ogg to; viomasanqu4oa 2uTao4o0 L L, 1Z, 0:Liz.ez oAaosaH Teaapoa am. ma; aotlanoA u 2uT41.TLAns ssuoT4711Texa Jo uots1/,1z 0114 Jo „ToTti.0 'ao2rnva 'an 1L10-13 'W6I '6 4sn2t'tV PaTeP umPueaop.ia/4 •TeAoadde mTa 'uoT40acqo quomm .0siatipand puu Jo soillpotips .1.1T1sTxo i s:queq am uT open OJOM TI MOOSID I , so3treq0 ou cf]b-00; Jo spaeoq am Jo s2uToroom Te 1 1.-em 2uTsTApe moq Tuaapaa am Jo ueulavaqo ipoo!A ailg Jo uell;aiaqo auTqs-ay '4S JO 1.04 1-(roja puu 'eTudTopeutia Jo atueg alta013ali vloa; 'vo6T 'GI 4sT12.nv pa4ep su.ma2aleI -sao.I.Tam 2uTmort0; am uodn paq.an Due 7z0F1 sa;41 uom aa41.p.moo om pue quTod, sTm. Te 2uTqaom am pauTor Irra. .paaanpuT oxe sasuadxs aoTad poTaad Laume-Was am J0 osoTo ttorLs 110TWA uT Tem Ott; Jo se sp.Tdans pue Teq.Tdu0 i s.:lueq am Jo sTsuq am uo OAJ@SOJ Teaapaa a.A.Tomq. am am= pau0E aAaosou Tuaopaz oR; sasuodxo qans !saationoL Jo ILT11 Jq uoTssTDA4s poTea-oad aq .10Ai am. uodn pauog aAaasall Teaapaa am Sq pTed aq sTm. uT 31puTE aouqoA00 tq paaanauT azuaqsTsqns pue T3Aea4 jo sasuadxa am toTtim aapun pozTaomme sua woria2uuaae try -paeoE aAaasaa Teaopaa @q4 so uoTq.eled000 0q4 R4T4 uoT4t ,z42 -PV 0114 Jo ;wog. sT aq tioTTA ao4q.aT oareqaa-pun 0ACCre 3114 uT 04 poasz sa0TAaos aq4 04 pJul7oa R1T/1 Tuasoad sa@qulau am pasTAVe ataeTE JouaG40,0 11 -Saq.1no0 41 °It; Tum T4,0TTA sawnp mau uo 2/uT7Luq. uT puu saT4TITUsuodsaa 01!L om Jo a2aug0sTp om UT 4 aTcassod sT ttans JT s oAT401 ; UOAO JO 4 3AT43V SS' OCI flLt I1T45 tL0J "a042uTlisvr, uT aaaq sn . 5.4tAl ; aau uo.g tpnomp Tam uoseoa am .103gz1 ov irni: : . 4;;L:imu --uTaaaddu Tauosaod umo Jo uoTssoadxa s =U00 00 . goaopaam. ‘pIncl.Ls Laq.uno0 aaTva at..1 2ol ;os 4 . 7 40u 1 1,4L4 TeoTg.T,a0 gaam pasTaaaxa no./: q.uatu.274 asTm oqq. 30 OSTra3@ci -am (.:), atim Saquno0 am tl.notpnoam saovcsodap alueq Jo suoTIITuZ -TOZ 2502 845/34 whoze teraporarY assignment to the Board's Division of Examinations by the 411as balL was approved by the Board on May 24, 1934, and stating that the liOucher lists Mr. Betts' salary at the rate of S4,000 per annum, which is $400 " excess of the amount he was bein.g paid at the time of the Board's triaer -vancling with the Federal Reserve Agent at Dallas, regarding Mr. Betts' aasi, bilrilent to Washington. The memorandum stated also that, in the cirelrilstan -cee, it is recommended that the Board pay the voucher as submitted e cnitirille to reimburse the Federal Reserve Bank of Dallas for Mr. Betts' ..selltices on' the basis of his nw salary which became effective on July 1, 1934. Approved. Telegram to Mr. Wood, Federal Reserve Agent at the Federal (rp - St, Lout _ reading as follows: eserve of A "Referring to Mr. Stewartts letter to Mr. Paulger under date Gri'Llagust 11th relating to temporary assignment of Examiner Leger o 11(1°11 and Assistant Examiner Paul E. Schroeder to work with an? coor ci Ezez'ainin.g Division in Washington, Board appreciates your Orj.,%-ratien in matter and will be glad to have you send Messrs. vritrn and Schroeder to ITashington at the earliest available date, tulderstancling that the Board will reimburse the bank for 4ralielin,7 expenses, salaries and six dollars per diem while "a•shilicton. 4-oroved. Letter to Mr. Austin, Federal Reserve Agent at the Federal Reserve }lattic Or 41i1ade1phia, reading as follows: advi,iiilleceitst is acknowledged of your letter of August 9, 1934, ' 11 , - 11g that you -plan to take your vacation beginning the 17th t17;y1Ists unless such an arrangement would interfere with some B°ard i e plans. Of letter has been brought to the attention of members tiot. 'oar(' and. they have no objection to your leaving on vaca"the date stated, it being assumed that you can be reached 2503 'through the bank during your absence." Approved. Letter to Mr. Stevens, Federal Reserve Agent at the Federal Reserve of Chicago, rearling as follows: The Federal Reserve Board notes with approval from your letter of August 7, 1934, the temporary appointment at your !!a114, at the suggestion of Mr. Parry of the Board's Division vf Research and Statistics, of Mr. A. C. Hodge, with salary at the rate of $400 per month; the purpose of Mr. Hodge's embeing the collection of information in connection wlth the regulations to be issued by the Federal Reserve Board Nrsuant to the Socurities Exchange Act of 1934." Approved. Ilemorandum dated August 8, 1934, from the Committee on Salaries 44(1 /bm. "14-Ltllres, submitting a letter dated August 3 from Mr. Helm, Deputy %)verner and Cashier of the Federal Reserve Bank of Kansas City, which reed to aPloroval of changes in the personnel classification plan of the Provide for three new positions in the fiscal agent-Reconstruc- inallee Corporation department. c°r littee The memorandum stated that the had reviewed the proposed changes and recommended that they be 4PPr"ed. Approved. Letter to Mr. Sargent, Assistant Federal Reserve Agent at the FeA ‘4ern1 ttes erve 73ank of San Francisco, reading as follows: Reference is made to you:- letter of July 20, 1934, ad.that the State Bank Commissioner of Utah has approved the oi.et aPPlication of the Utah Savings e: Trust Company, Salt Lake tljs Utah, for permission to retire $100,000 of capital debenat es sold to the Reconstruction Finance Corporation, such -Proval being subject to the approval of the Federal Reserve VI • 2504 845/31 -7- "Board. . "The conditions under which the subject bank was admitted to membership do not require the Board's approval of VI:le proposed retirement of capital debentures. However, in view of the condition of the bank as shown in the report of examination as of May 7, 1934, the favorable capital structure atter the retirement of the capital debentures, and your recommendation, the Board will interoose no objection to the transaction ,, Approved. Letter to "The Citizens National Bank in Independence", Indepen(16lice Kansas, reading as follows: "The Federal Reserve Board has given consideration to YOur application for permission to exercise fiduciary powers, i-ants you authority to act, when not in contravention of ;z" or local law, as trustee, executor, administrator, 2g1strar of stocks and bonds, guardian of estates, assignee, 'recelver, committee of estates of lunatics, or in any other oitlticiarY capacity in which State banks, trust companies or bOther corporations which come into competition with national a*-'s are pe-r-mitted to act under the laws of the State of Kanonly in the specific trusts in which the First National 4.!'" in Independence had been appointed and. was acting at the liüe The Citizens National Bank in Independence was authorized the Comptroller of the Currency to commence business, the exercise all such rights to be subject to the provisions Orve=" t Reserve Act and the regulations of the Federal Rest Approved. Letter to Mr. O'Connor, Comptroller of the Currency, reading as r°11017s, u neceipt is acknowledged of Mr. Awalt's supplemental 'arlaum of July 26, 1934, with reference to the proposed 72111ction in common capital stock of The First National Bank , y' ; z Nutle Nutley, New Jersey, which was approved by the on December 14, 1933, pursuant to a plan which provided ' 4 1°4g other things for the sale of $50,000 of Class 'A,' prestock to the Reconstruction Finance Corporation, and the e: s le of $50,000 of Class 1B 1 preferred stock locally. In accordance with Mr. Awalt's recommendation, the Bo ard- amends its previous approval to provide for the sale of ,2505 8/1-57 -8_ "05,-n00 of Class 1.A:1 preferred stock to the Reconstruction Finance ..'dL(,)rporation and P,5,000 of Class UP preferred stock locally, with .!Ile understanding that the other provisions of the plan as origiir1-17 stibmitted remain unchanged except as to the eliminations to be made, in Which connection it is understood that the amount to . 0p. charged out of the bank's assets ($100,000) will be allocated 7110111mt estimated losses and securities depreciation as shown by he la d testreport of examination instead of the amounts of losses nathe epr be acia stion respectively which were originally contemplated fl basis of an earlier report of examination." Approved. Letter to Mr. O'Connor, Celptroller of the Currency, reading as th. 1 accordance with Acting Comptroller Awalt's recommendation, tai4ederal Reserve Board approves a real7ction in thr common caDiof the 'Crandon National Bank', Crandon, Wisconsin, from ea "v0 to $15,000, pursuant to a plan which provides that the bank's ital shall be increased by the sale of 45,000 Class 1 A) preferred , r°olt to the Reconstruction Finance Corporation and $10,000 Class 'B' foeferred stock to local interests, and that the released capital, b'egether with a portion of the bank's undivided profits account, shall Used, to eliminate substandard assets and securities depreciation t)144-nC approximately $12,249, all as set forth in Mr. Awalt's 'Aemorand.am of July 27, 1934." W Approvcd. Leti-wer to Mr. O'Connor, Comptroller of the Currency, reading as :Ill accordance with Acting Comptroller Awalt's recommendation, C ital ' 4 ederal Reserve Board approves a reduction in the common capstock of 'The Farmers National Bank of Sparta', Sparta, Wisconf t. clra $'50,000 to25,000, pursuant to a plan which provides e banki s capital shall be increased by $25,000 of preferred tato thee- "° be sold to the Reconstruction Finance Corporation and that $25 released capital, together with a voluntary contribution of fac : 00 to be raised locally, shall be used to eliminate unsatiscren-17 assets in the amount of approximately $45,600 and to inAwp4;44.3 7 the bank's surplus to $10,000, all as set forth in Mr. memorandum of July 27, 1934." Approved. 2506 8/15/, -9Letter to Mr. Stevens, Federal Reserve Agent at the Federal Reserve It, : or icago, reading as follows: "This refers to Mr. Young's letter dated July 28, 1934, reire.!tiug advice from the Board upon the question whether Sears, 4"°1-1-az and Company is a holding company affiliate, as defined 1.t1 Section 2(c) of the Banking Act of 1933, of the Sears-Community Z,,a,eBanh., a member bank. The ouestion arises under Section Of the Revised Statutes, as amended, and Section 9 of the oeael'al Reserve Act, as amended, which provide that a holding : : 198zY affiliate of a member bank shall obtain a voting permit • u Ircle the stock of its subsidiary member bank. zt It is understood that 5,672 of the 8,000 shares of the t c)ek of the "bank are held by J. M. Barker, trustee, under a i;st agreement dated April 4, 1933, which provides that in conilluerat ion of an advance to the bank of $165,588.48 by Sears, Oebuck and Company and others, the holders of the 0,672 shares that all dividends upon their stock shall be paid to the tx. 11Y and the other lenders until the advance is repaid. The to p eCreement also contains an assignment of the 5,672 shares M. Barker, trustee, and provides that the trustee shall Vote tioe 81161 shares 'in accordance with the directions and instrucpro/tof" Sears, Roebuck and Company. Said trust agreement also that in the event of the inability or failure of J. M. rile er to act as trustee, E. FL Powell, or such other person as tru5. designated in writing by the company, shall be the successor Bai cwee under the agreement. It is also understood that J. M. ef: is a of Sears, Roebuck and Company. aiia It hasvice-president been noted that on March 23, 1934, Sears, Roebuck e°mDaAY wrote a letter to Mr. Barker, informing him that the ' hitar.ets held by him under the trust agreement might be voted by 0 the same effect as if said shares were recorded in 1-is from '6U(aViduany, and without any directions or instructions 1934,ths company, and that by a letter to Mr. Young, dated July 3, 130ara " 11 Barker accepted such directions. In the opinion of the colizti he above-mentioned letters, although they may possibly a te,::11te a termination of 'direct control' do not constitute illtnation of 'indirect control' of the 5,672 shares. AccordUnder the circumstances outlined above, the Board is of the o' aff.4; 14flion that Sears, Roebuck and Company is a holding company tiate of the Sears-Community State Bank and that under the ; III i n. °11.s of Section 9 of the Federal Reserve Act, and Sections to oi' 47 IV of the Boa's Regulation P, the company is required rill a voting permit to vote the shares held by the trustee. 2It has been noted that Mr. Young stated in his letter of that 7!, 1934, that Sears, Roebuck and Company has indicated ""wolald prefer to alter the present arrangement, if j .pro; 2507 8/15/34 -10- n ecessary, rather than file an application for a voting permit. connection with such an alteration of the present arrangement, r. Young requested advice as to whether Mr. Barker's oosition !_"s a vicc-president of the company would render him ineligible o serve as a trustee of the stock, and also as to whether the Provision giving the company the right to appoint a successor ,rustee Should be eliminated from the trust agreement. The Board l es of the opinion that Mr. Barker's official position with the heTI3a4Y is an indication that the company controls the stock ce"d by him as trustee. The provision for appointment by the a successor trustee is also an indication of such contZof But even if a trustee Who is not an officer of the company were appointed, and even if the provision for appointment by the . a successor were eliminated., the Board believes that aenlYv0711f Would be a strongprobability that 'indirect control' by t:47 1 company of the 5,672 shares would still exist, in view of 4 e very broad definition of holding company affiliates contained ' 11 Section 2 (c) of the Banking Act of 1933. t It is suggested that the most efficacious way for Sears, : ofebuok and Company to end its relationship as holetin company a„,flliate of the bank is by a termination of the trust agreement, ,7- the creation of a pledge agreement under which the dividends 11 the stock will inure to Sears, Roebuck and Company, but the Cille rights will remain in the original stockholders, who will e the pledgors." ip 4 Approved. liemorandum dated May 15, 1934, from Mr. Vest, Assistant Counsel, ree°2e116-1.1 the publication in the next issue of the Federal Reserve 131111et n-o I f a statement, in the form attadhed to the memorandum, with to the Board's revised ruling of May 14, 1934, as to the purchase ale 1, -Y a State member bank of corporate stocks solely upon the Oreter alla for the account of customers. Approved. Lte morandum dated August 14, 1934, from Mr. Smead, Chief of the 4 e Of Bank Operations, stating that, acting as fiscal agent of e- States Treasury, the Federal Reserve Bank of New York had 2508 8115/34 -11- teled into an agreement to sell :)1,000,000 of gold to the Graranty Trust Oomparz and $220,000 of gold to the Bankers Trust Company for exl*It 'purposes; that the above named banks paid the Federal Reserve B ailtof New York for the gold on August 14; and that the Federal reserve bank 17°111d purchase the gold from the Treasury on that date, but that the wcmld not be turned over to the Guaranty Trust Company and the Bat-, ctus Trust Company until August 15. The memorandum recommended, for thereasons set forth therein, that the Federal Reserve Bank of New York be m"ructed to report such gold in the miscellaneous assets block on f° 34 and the liability to the baril-s in connection therewith in the '1 480.1, eous liabilities block; also that, if the Federal Reserve Bank clw.ed .Aork holds any such gold on a weekly statement date, it be in- ln the weekly statement in the item 4 All other assets". The rtteraor,.., *1441-111 aso recommended that any gold acquired by the Federal reserve batc,er similar circumstances in the future be reported in the same 11101111er. Approved. Letter to the Federal reserve agents at all Federal reserve banks, rea4ualc as follows: 0 Iplar An amendment to existing law has been proposed for the eal,413°se of excluding from the banking quarters of member banks 0:.other banks whose deposits are insured by the Federal De' t Insurance Corporation any other organization whose sli1117ities might embarrass such banks or might render the 1) 477irsion of the banks more difficult. As submitted, the ed amendment would prohibit any bank, banking associae4,41 or trust company, and any other organization or person CaCed in the barking, building and loan, brokerage, securities, 4 2509 8A5/34 -12— R4-",uurance, indemnity or trust business, or in the business of receiving deposits, or engaged in issuing or selling notes or Other evidences of indebtedness, from occupying any part of the quarters in which any of the business of a member bank or whose deposits are insured under section 123 of the "deral Reserve Act is conducted. "The proposed prohibition would not include organizations which,Z as tenants, simply occupy space in other parts of the budlding, and applies only to organizations which share !Pace in the banking quarters or occupy adjoining space, access 0.1411Ch is possible through the banking quarters. tu In order that the Board. may give proper consideration to "e Proposed amendment, it will be appreciated if you will make ! II investigation in your district of the extent to which other iv3reanization5 maintain offices in the banking quarters of membarks and other banks whose deposits are insured by the Leral Deposit Insurance Corporation, and what the effect on rslizela organizations and the banks might be if the proposed amendwere enacted into law. In making the requested investigast°111 it is not believed necessary or desirable to circularize ate member banks, as it is believed that, from your general 14formation and from information available to your examiners, an idea may be obtained as to the extent the State member ,uer banks share their quarters with other organizations. It raZI also be possible in conversations with the Chief national :examiners and the supervising examiners for the Federal Dr t0134°,!it Insurance Corporation to obtain further information as ex 44ie extent of such practice in other banks, and it is not exPected that you should circularize the banks whose deposits lared by the Federal Deposit Insurance Corporation, as sil'" -1/1quiries might be misinterpreted. The Boord also will appreciate your suggestions and comors, with special reference to the question whether the pureb e is desirable and. whether the proposed amendment as described hap is sufficiently comprehensive, or whether, on the other L 'It is too inclusive and would result in injustice to some b anks.0 Approved. 01' A4. Letter to Mr. Johns, Acting Governor of the Federal Reserve Bank a, readinc as follows: eo, erence is made to your letter of July 31 inclosing Of letters from Mr. H. C. Frazer, Manager of the Havana cY) and Professor F. D. Graham in regard to certain figures 2510 8/1E/3, 1 -13,"7cring currency operations of the Agency requested by Protesscr Graham. There would seem to be no objection to furnish1C the figures requested by Professor Graham on condition hat information relating to the cash holdings of the Agenc7, 1; 1411.1diing unissued Federal Reserve notes, is not made public. ls suggested that Professor Graham be requested in this connection to furnish the Agency with any figures he has cornor may co-mile, on the amount of money in circulation Cilba. It will alsobe appreciated if the Board is furnished a copy of any fi6ares on the currency operations of the e1le,7 given to Professor Graham, and of any figures on money -"I circulation in Cuba which may be received from Professor Gra:4am.fl Approved. Letter to Mr. Howard :E. Hansen, Supervisor of Banking, Olympia, 4Cton, readin2; as follows: 23, "Receipt is acknowledged of your letters of July 18 and la 1934, addressed to the Federal Reserve Board and to Governor tcaflc, respectively, with reference to the Board's views relating per method of member banks showing in their reports aZ published statements capital debentures sold by such banks co with particular reference to the Board's requirement, in tio with the application of the Northwest Bancorporation tollnecn a permit to vote stock owned or controlled by it of the ;raze and Eastern Trust Company, Spokane, Washington, relating co the method by which capital debentures sold by that trust mganY should be reflected in its reports and published stateIt is believed that a review of the facts and. circumtrxicee involved in the Board's action on such apolication of e'±lielTorthwest Bancorporation and. of certain matters which were 7.0utisidered in connection with that application will clarify to 44(1. the Board's views regarding the questions referred to above tic, 171.11 form an appropriate basis for discussion of such ques, 113,111 this letter. "311r1ng discussions of a proposed general rehabilitation tl_b'am of banks in the Northwest Bancorporation group during .; 11 latter part of November and. the early part of December, 1933, prel*ePresentatives of the Federal Reserve Board with Mr. Thomson, ofi,l'ident of the Northwest Bancorporation, and several other ers of that corporation, consideration was given to a proPlan, which it was unilerstood had been approved by you, -teh the Spokane and Eastern Trust Company was to eliminate ',j$7. ‘-- "'"*4 ef substandard assets, sell $750,000 of capital debentures 2511 "to the Reconstruction Finance Corporation, and set up its caJital accounts in substance as follows: Capital Surplus Undivided. Profits * Total $1,000,000 250,000 109,000 $1,409,000. It appeared that un'er such plan there would be no reduction in the e coleate Par value of the $1,000,000 of capital stock of the trust 4; ' 4 1/47 issued and outstanding to provide in part for the elimina, IC of losses and gUbstandard assets, and that the published statethE : ti of the trust company were to contain a note at the bottom of ! alance sheet as follows: * Includes proceeds of $750,000 debentures sold to R.F.O., which debentures are subordinate to the rights of depositors and other creditors. (114 4It was understood that Mr. Thomson and several of his associates tra not feel that it would be proper to leave the par value of the allas4te°mPaAY's capital stock at $1,000,000, since it was impaired, 1ames4017 it in reports and published statements in the manner and sto, ,tha r circumstances described above, but preferred to reduce the and. show the capital accounts of the trust company in its reports rtotepublished statements as they actually existed, omitting the foots cePt Possibly that part stating that capital debentures are Thora°rainate to the rights of depositors and other creditors'. Mr. allthn2Ori ," 17 advised informally that the Board would probably not laax : 1"."-ze the issuance of a voting permit in connection with a proposed 00 clar 7.11-ich the canital accounts of the Spokane and Eastern Trust Tiv,210111d be set up in substance as described above. 0 huter careful consideration of the application for a voting peraAlth f the Uorthwest Bancorporation, the Board, on December 27, 1933, stociorrized the Issuance of a limited permit to that corporation to vote ITarposcMned by it of the Spokane and Eastern Trust Company for certain aa:Tro-es in accordance with a plan whereby the bank was to eliminate trora'c-itilately $720,000 of substandard assets, reduce its common stock a , . l t°tal par value of $1,000,000 to $500,000 par value and sell bsio ( Cortc:jy° Par value of capital debentures to the Reconstruction Finance trii, ration. Under such plan the trust company would. have had. remaineaPital account substantially as follows: Capital stock Capital debentures Surplus and undivided profits $500,000 750,000 Total $1,409,000. 109,000 2512 8/15/34 inDori iii •ortnwest the first part April, 1934, representatives of the Bancorporation requested informally a modification of that 13 . _ art of the agreement, executed by the Northwest Bancorporation in '-!111e.otion with the issuance of the linited voting permit, under willch the Northwest Bancorporation agreed, among other thin-,;s, to .cause the Spokane and Eastern Trust ConpaAy to reduce its capital ircra *1,000,000 to *500,000. It was understood that you had not traallY approvod the reduction of capital stock and the representaj l e of the Northwest Bancorporation were requested to file a t1,1Len application for the modification desired, setting forth necessity for such modification of the original agreement. 1. 4. ?.:dinClY, such an application was addressed to the Board on ' 16, 1934, in connection with Which it was again proposed that capital ddbentures sold by the trust company be carried in trust company's reports and published statements as 'capital' 0,"') . a note at the bottom of such statements of the kind described Pe 2 of this letter. ti Shortly thereafter, the Board received a new report of examina. 1711?11 of the Spokane and Eastern Trust Company as of March 12, 1934, tolch indicated that the condition of the bank's assets had improved t1at% such an extent that there was then no impairment of ca_pital and reduction in capital stock was no longer necessary in order t1;3. eltminate such impairment. Since the previous consideration of this matter indicateda ' ti04erence of views as to the manner in which the plan of rehabi1itac(1,1:4 5 the Spokane and Eastern Trust Company might properly be acrileshod and in order that the Board would be certain that it had witli Information concerning this case, it was discussed in detail Hi.11-1„ the Federal Reserve Agent at the Federal Reserve Bank of tic;:eaPclis through whom the application of the Northwest Bancorporarela;: was filed. The Federal Reserve Agent was requested to havea of.-:sentative of his office discuss the matter with you and officers tad:41e Spokane and Eastern Trust Company and at the same time ascerdthe current condition of the trust company's surplus and unIles'ed. profits accounts. A copy of the report made by the Federal 077!, liZent's representative on this matter was furnished to the Bo: conti or its information, and it appeared therefrom that the Ofl Of the trust company as of May 31, 1934, was improved to ,all extent that there ;as no impairment of capital. In connectit) a With the pending application for modification of the original ithe Northwest Bancorporation, it was understor t as executed b: cor1,3- that modification was desired which would permit the trust : , 1k1 61 1 (1V to sell $750,000 of capital debentures, retain all of its 1)tliY°0 Par value of capital stock and. show in its reports and statements the capital accounts in substantially the .4ciwing manner: V 2513 8/15N -16"Capital Surplus Undivided profits and reserves 1.,000,000 *750,000 318,000 with the following footnote at the bottom of the balance sheet: Proceeds of $750,000 debentures sold to R.P.C., which debentures are subordinate to the rights of depositors and other creditors. s, "After careful consideration of all the facts and circuma'ances involved and in view of the application of the Northwest _ ancorporation for modification of its agreement executed in nnection with its application for a voting permit, the Board J'12171 10, 1934, authorized the issuance of a limited voting to the Northwest Bancorporation subject to certain condiwhich did not require a reduction of the capital stock of Spokane and Eastern Trust Company, since it appeared that reduction was not necessary to provide for elimination of ac8sc5, but which did prescribe the manner in which the capital a ,cYlInts of such trust company should be shown in its reports '41 published statements as follows: "'that so long as the capital debentures issued by the Spokane and Eastern Trust Company, Spdkane, Washington, pursuant to the plan for the recapitalization of such trust company, are outstanding, Northwest Bancorporation will do such things as may be necessary to cause such debentures to be shown in the published statements of condition of such trust company in substantially the following manner: (a) the par 'value of such debentures shall be included in the amount shown opposite the item QUOTE capital UNQUOTE, and under such item there shall be inserted an explanation reading as follows: QUOTE Includes BLANK dollars par value common stock and BLANK dollars par value capital debentures sold to Reconstruction Finance Corporation UNQUOTE: provided, however, that there may be added to such explanation, if the law of the State of Washington so requires, or the trust company so desires, the following: QUOTE which debentures are subordinate to the rights of depositors and other creditors UNQUOTE; (b) the amounts of ca-oital stock and debentures shown in each such explanation shall represent and be equal to the aggregate par value of such stock and debentures outstanding as of the date of the statement.' r L 2514 8/13/34_ -17"In order to comply with such requirement the Spokane an0 '4.as.tern. Trust Company should show its capital accounts in the qqAb ilitiesisection of its reports and published statements in sUb stantially the following manner (assuming certain figures for con venience): "Illustration #1 LI;7ILITITS Capital ,750,000 Includes $1,000,000 par value capital stock and $750,000 par value cPappital debentures sold to R.F.C., which debentures are subordinate to the rights of depositors and other creditors. Surplus 250,000 Undivided profits and reserves 68,000 Acceptances, etc. 100,000 Deposits 17,000.000 Total $19,168,000. I, :To illustrate the applicability of this method in cases of Of capital stock, assume that the trust company has °'losses of $400,000 which must be eliminated in order that itz statement may correctly reflect its condition. The set wolad be substantially as follows: "Illustration #2 LIABILITIES Capital Includes $1,000,000 par value capital stock and $750,000 par value capital debentures sold to R.F.C., Which debentures are subordinate to the rights of depositors and other creditors. Acceptances Deposits Total $1,668,000 100,000 17,000,000 $18,7C5,000. 720aral'om your letters of July 18 and July 23, 1934, it is the 8 understanding that under the method you described the set 2515 -18"D in this latter case would be substantially as follows: "Illustration #.3 LIABILITIES *Capital Surplus Undivided profits and reserves Acceptances Deposits Total *1,000,000 500,000 168,000 100,000 17,000,000 ,318,768,000. 4 * Includes proceeds of $750,000 debentures sold to Reconstruction Finance Corporation which debentures are subordinate to rights of depositors and other creditors. "It appears that a bank's statement of conditien prepared in tl 1) 1.e manner and under the circumstances shown in Illustration #3, st°7e w°ule not reflect the true condition of the bank, and such a zoatement would not conform to the requirements prescribed by the n afia with regard to the Spokane and Eastern Trust Company. A state'of the kind shown in Illustratien i3 involves an incorrect statenell 11t of the bankls conditien in the body of the statement and the riotclIpt to explain the incorrectness of the statement in the foote tilloreto does not eliminate its misleading character. via It has been observed that you are under the impression that 12,:, °aral s action in the case of the application of the northwest , cZeorporation for a voting' permit represents its views as applicable trier l to the Spokane and Eastern Trust Company rather than to all tIl.t7,,bariks. This, however, is not the case and the Board feels Tru f"ie principles involved in the case of the Spokane and Eastern Merbs:,,Ctr'PaIlY and discussed above are equally applicable to other uanks under similar circumstances. In this connection, your is called to the following statement which was contained at thelegram which the Board addressed to the Federal Reserve Agent witb Zederal Reserve Bank of San Francisco on February 13, 1934, .7 regard to the Yakima Valley Bank and Trust Company at Yakima, iashington: ',Refer Sargent's letter February 9, 1934 re reorganization 'Izama Valley Bank and Trust Company, Yakima, Washington. bc)ard i s approval of proposed reorganization of such member ball!: is not required by law or any conditions under which aIL: was admitted to membership, but whether bank may be reoPened as a member bank depends upon issuance of license 1 2516 8/1S/34 "by Secretary of Treasury upon recommendation of the Federal Reserve Bank. It appears that under proposed plan of reorganization bank's net worth will not equal total amount of capital debentures and capital stock outstanding, and Board feels that if reopening is accomplished under proposed plan bank's reports and. published statements Should correctly and fully reflect condition of bank's capital liabilities. It does not appear that this would be accomplished by the method proposed in paragraph numbered (2) in pro forma statement forwarded with Sargent's letter.' "The method referred to in the last sentence of the above potation was substantially the same as that described on page th°f this letter, and. you will observe that, while in this case e Board was not authorized to prescribe a requirement, the ;°ard advised of its views in the matter. In connection with the ,!al'a l s position in cases involving circumstances of the kind der discussion, your attention is also called to the following A!!structions issued by the Board to all of its Federal Reserve Ists on April 14, 1934, for their guidance in similar cases ing in their respective districts: "I Leference is made to Mr. letter of March 6, 1934, with regard to the proposed elimination of losses in the Banking and Trust Company of It appears that the trust comn.pany proposes to sell its debentures in the amount of $250,000 to the Reconstruction Finance Corporation and to use the proceeds of the sale of such debentures to charge off annroximately $250,000 of assets criticized by the examiner at the time of its last examination. Mr. inquired whether the trust company rlaZir properly effect the eliminations in this manner and in its reports and published_ statements show its obligation on the outstanding debentures only in a footnote to such reports and statements containing a statement to the effect that it has sold debentures to the Reconstruction Pinance Corporation in the amount of $250,000. "IA bank's reports and published statements should ref'ect the true condition of its assets and liabilities including all of its capital accounts. Inasmuch as capital debentures represent a definite obligation of the bank to the holders of such debentures, the amount of the bank's liability on account of any such debentures outstanding should be Shown as such in the bank's reports and )ublished statements rather than in a footnote thereto, and, in order tO avoid any deficiency in the capital accounts of the bank, Its assets, of course, must be equal to the amount of its cipligations to depositors and other creditors and the amount of all of its capital accounts including capital debentures. r r 2517 '11E/34.. ill Therefore, as indicated in Mr. letter, it is apl)arent that if the reports and published statements of the Banking and. Trust Company are to reflect correctly the condition of the assets and liabilities of the bank and not reflect a deficiency in the bank's capital accounts after the proposed eliminations it will be necessary, in the circumstances described in this case, for the bank by appropriate action to reduce its 2urplus or outstanding capital stock in an amount sufficient to provide for such eliminations. "In this connection your attention is called to the fact that the Board's instructions for preparing the last call retort 0f State member banks contain the following provisions relating to the method of reporting capital accounts. " "A State bank member should not show any surplus or undivided profits in condition reports on Form 105 so long as the net book value of capital notes and debentures and capital stock is less than the aggregate of (1) the amount at which capital notes and debentures or preferred stock must be retired or to which the holders thereof are entitled in case of liquidation and (2) the par value of common stock."' rne4e Yo1lr further information in this connection, reference is ao oft,0 the method of reporting the capital accounts as shown in line elo, the Board's condition report, Form 105, a copy of which is inherewith. hoe It has been observed from your letter of July 23, 1934, that you the baet p the capital note program in the State of Washington on Of permitting the proceeds of capital notes to be introduced 'Llaliriro„70 oaPital structure in sufficient amount to leave the capital raati',',red, and the balance of the proceeds of the capital notes auto1I.ofit'-41Y reverts to other capital accounts such as surplus, undivided ilicre 2 or reserves'. You also stated that this 'does not call for Of th,!2.!d- carrying figure of the ca:oital stock. The capital stock - uall:k: remains the same but the proceeds of the capital notes Derrait 171aere 4reP0irment of any impairment of the capital there may be, and e e thCawliztial are any remaining proceeds they are a means of bringing up accounts which can be used as a cushion for emergencies.1 oraitte7ile the sale of capital notes and debentures which are subto the claims of depositors and other creditors of the bank 11:'s a the dditional protection to such depositors and other creditors, bo,,Ilk nrd does not understand how an impairment in the capital of a this 'fall be eliminated by the sale of capital notes or debentures. In Q°11neotion, it is apparent that any increase in the assets of a :1entlir r: e 111 ,tinE from the proceeds of the sale of capital _ notes or de4ial)ii i.,7:48 offset by an increase in a corresponding amount of the -'`il•es of the bank to the holders of such ea-pital notes or 2518 8/15/34 -21n, uebentures. Accordingly, any impairment in the capital stock . o4 f the b which existed at the time of the sale of such capi'al ntor ddbentures will not be affected by suoh sale, 12hether the liability of the bank on such capital notes or dcis stated in its reports and published statements or is " 61:.Y set out in a footnote thereto. However, if, as contemNated in the program you described, the liability of a bank on caPital notes or debentures sold is not stated in its reports and lished statements, such reports and published statements will b e misleading and will not correctly reflect the condition of the eI12,. In this connection, it should be observed that the surplus c'Ild undivided profits accounts shown in the reports of banks are ir,e111:rally understood to represent funds belonging to the stock ci'"ers of the bank after provision is made for payment of the bpailms of depositors and other creditors. Therefore, it would oi miisleadinz to represent in the reports and published statements Dank that liabilities of the bank on account of capital notes Q ebentures sold are surplus or undivided profits of the institIltion. r f will understand, of course, that the Board feels that l"You iability of a bank on account of capital notes or debentures 1,17°111(1 be most clearly reflected in the bank's reports and a4shed statements if shown therein as a separate account with , iv a1713r0Priate title. However, in view of the Board's understandt hhe Oft l the requirements which your office has made in connection yo showi ng banks in the State of Washingliability of of the r. ; . .,1 pr actAcint of capital notes and. debentures sold, and in order with your office as far as possible, the Board was tient -Ling to give its approval to the set up of the liability of a rzia,,eii bank on account of capital notes or debentures sold in the fler described in the requirement applicable to the Spokane and ' 01' 1 uern Trust Company and as further described in Illustration dege 7 of this letter. In view of the circumstances the Board ri2 not feel that it could properly approve of the publication by cx,graver bank of a statement of the Idnd contemplated in the pro' described. oe,r Before reachinz a conclusion in this matter, the Board gave reiT11 consideration to all of the facts involved, including those 801744111C to the condition of member banks and to the fact that in beyen!,1 States there are definitely defined minimum legal limits to which the capital stock of banks cannot be reduced iniorder liminate it: capital impairment; but the Board feels that even thordi fo;? be necessary in some circumstances and for a temporary period 1141, anks to operate with a caoital impairment the reports and pubCl "ed statements of member banks should, as nearly as possible, arla correctly reflect the condition of such banks." aJ Ap-Toved. 2519 8/15/34 -22Zetter to Mr. Case, Federal Reserve Agent at the Federal Reserve Bank "eV7 17 1 reading as follows: 19„ "The Federal Reserve Board has received your letter of August 3, ' a 4, with inclosures, regarding the request of Mr. J. C. Maurer for 11inG as to the applicability of section 32 of the Banking Act of 192, ' tif to the services of various officers or directors of First Securi'Corporation of Syracuse, Syracuse, New York, who are serving Laleously as officers or directors of certain member banks of the "aeral Reserve System. "It has been shown that, upon the organization of the First Securi? Corporation of Syracuse, it issued 89,699 shares of its authorized 01741tal stock and that the purchasers thereof or their successors now bthose shares and that, thereafter, it purchased shares of a number easi,allice in the vicinity of Syracuse, paying for the same partly in Of:4,ana Partly in its own shares. It has been stated that the remainder capital was used for the purchase of other securities as invest"s which have been changed in a few instances and that the corpora: 2t7i - ,has never sold or offered securities to the public except its own i.11 4 and the stock of the First Trust and Deposit Company, all trading bt of which was discontinued on or about January 1, 1932. Also, - it has been shown that the total purchases and sales of z,: er ,.les by the corporation during the years 1929 to 1933, inclusive, Jal. percentages of its total assets as follows: X Year 1929 1930 1931 1932 1933 Average for five years Purchases Sales 82.0 23.0 .3 .6 2.0 .2 18.0. 1.7 .2 4.0 24.9 4.8 fit,: Dllrine; the same period, the corporation derived total gross prot()ta ' rcYm sales of securities in the amount of $15,207.54, while its at income from other sources amounted to $125,323.20. Furthermore, elld of the year 1932, 99;; of the firm's portfolio had been held 984 -411°111Y for more than two years and, at the end of the year 1933, (prii,,the portfolio had been held for the same period. un the basis of the information submitted, the Board concurs in /lot 1°111 'opinion that the First Securities Corporation of Syracuse may regarded as being 'engaged primarily in the business of purthe lig, selling, or negotiating securities' within the intendment of servi ) 21/7sions of section 32. In the circumstances, a permit covering 11/11e2- to that cor-noration and to a member bank is not necessary, and, attent s.there are other facts which you believe should be brought to the 1°11 of the Board, it is suggested that you advise Mr. Maurer 2520 8/15/34 -23- accoraingl." Approved. Letter to Mr. Case, Federal Reserve Agent at the Federal Reserve atIzof hew York, reading as follows: "The Board has received your letter of August 7, 1934, with " --ures, regarding the application of Mr. Charles F. Park for a Permit under section 32 of the BamLing Act of 1933 to serve as : ; a11 officer of The Marine Midland Trust Company of New York, and vollimbia Investing Corporation, both of New York, New York. or "It has been noted that on June 28, 1934, the stockholders the Columbia Investing Corporation voted to dissolve the that the corporation has been dissolved and is in lie process of liquidation, and that a liquidating dividend at . °.6.:,90 per share was distributed to the stockholders on July 23, On the basis of the information submitted, the Board conYour opinion that the relationship covered by the appli;lon mentioned above should not be regarded as subject to the torisions 0-r. section 32 and that a permit under this section is Ine .L11eoessary for the continuance of Mr. Park's service to the 'auer bank and to the Columbia Investing Corporation.0 i Approved. Letter to Mr. Hoxton, Federal Reserve Agent at the Federal Reserve reading as follows: 4ct "There are inclosed the original and copies of a Clayton :Permit granted to Mr. H. T. Mills, Greenville, South Caroto serve at the sarac, time as director of The First National Greenville and director of The Peoples National Bank of rene„ enville, both of Greenville, South Carolina, which you are 'Ted to transmit to the applicant and the banks involved. pe In considering Mr. Millslapplication for a Clayton Act 191 Zal't it was noted (item 12 - F.R.B. Form 94, dated March 26, 8117 that he was serving as director of the Liberty Life InC°mPany and the Southeastern Life Insurance Company, both tion °f Greenville, South Carolina. In the report of examina°f The Peoples National Bank of Greenville, as of May 3, tliej the examiner stated that these companies include among tba7c assets loans secured by stock and bond collateral, and 1, 19while no loans of this nature had been made since January cie11,34, the applicant and other directors likewise affected e to know their status with respect to the Clayton Act 2521 8115/34 -24- Shoil new loans be made by such companies on the security of stock or bond collateral. "The Board requests that when transmitting the Clayton Act !rat to the applicant and. the copies thereof to the banks contrnca you advise in each case that in the event either of the 0.007, ,t mentioned insurance companies makes new loans secured by c4: or bond collateral, Mr. Mills' service at the same time as tor of that company and as director of the national banks vic" wo,' be a violation of Section 8A of the Clayton Act, and. it be necessary for him to sever his connection with either tilC insurance company or both of the national banks in oler to Ilf°11u to the requirements of that section." T Approved. 1101.N. Of Letter to Mr. Peyton, Federal Reserve Agent at the Federal Reserve IT. eapolis, readinc as follows: "Reference is made to your letter of July 20, 1934, relazi's to the Clayton Act permit issued by the Board to Mr. A. L. ITEgs Ribbinc, Minnesota, to serve as director of The First ' ( 1!llal Bare: of Buhl, Buhl, and as director and officer of re'TI.nte and. Miners State Bank, Hibbing, both of Minnesota. 7 As it appears that Mr. Eggets statement is satisfactory to , fietliev 'll, the Board is willing to accept it as sufficient evicatee a that he possesses the necessal-y shares of stock unhypotheto qualify as a director of The First National Bank of Buhl." Approved. -Letter o Mr. McClure, Federal Reserve Agent at the Federal Reserve n 1•4 , reading as follows: ti rm, Act, , - Liere are inclosed the original and copies of a Clayton ' to s ermit granted to- Mr. R. R. Smith, Chickasha, Oklahoma, , rve at the same time as director and. officer of The Citizer4ze aro. 4armers rational 3a/i1r of Chickasha, Chickasha, Oklahoma, 7,a,,,, s airector of The First National Bank of Lindsay, Lind1)allizzwzial1oraa, for transmittal by you to Mr. Smith and the two 4 an(l a copy for your files. that .,I/1 considering the application of Mr. Smith, it was noted clire4e attended only one of the twelve meetincs held, by the the et°1's of the Lindsay bank during the past year. In granting ;i tt the Board took into consideration the fact that the , and, his family are the largest stockholders in the Linda11-7., that the applicant, in the past, was reported to have the undesirable domination of the Linf_say bank by Cashier atIvi 2522 8/1 fl, ,• qthi, Costello, and that there -:cro no unfavorable factors other ,j--uis poor attendance at directors' meetings. The Board feels hat a director should have a satisfactory record of discharging __s duties and responsibilities by participating in the management 4 d operations of a bank which he is serving through 2 attendance 1" directors, meetings, and it is suggested that you advise Mr. :ttlth that it is with the expectation that he will improve his at directors' meetings of the Lindsay bank that the perm ''it has been granted. The Board requests that when you subx Your recommendations as a result of your annual review of this t rrait1 you report fully as to Mr. Smith's attendance at direc°1*si II meetings. It has been noted that the directors of the Citizens Loan caVecvrities Company, Chickasha, Oklahoma, of which the applimee G.was reported to be president, passed a resolution at their flIrl held on December 18, 1933, prohibiting that company from aettlier n dealine; in securities and. investments of any kind. Such aPparently removed the applicability of Section 32 of the i4 : 11‘11C Act of 1933, insofar as the applicant is concerned, but am,sralleh as the Citizens Loan and Securities Company was organized, other things, for the purpose of lending money, the question to aPplicability of Section 8A of the Clayton Act would appear letrse. In this connection, reference is made to the Board's fr erS of November 10, 1933 (X-7677) and December 19, 1933 (X-7721), it will be noted that if any non-banking organization th ic1i Mr. Smith is connected occasionally makes loans secured by Ilis " °54: or bona collateral, other than to its own subsidiaries, at service at the same time as an officer of such organization and by Virector, officer, or employee of a national bank is prohibited 1/1 , -c.,t_ion 8A, and the Board is without authority to issue a permit the len. a case. Accordingly, it is requested that, before releasing t„ Inclosed. permit, you ascertain definitely whether Mr. Smith's 13;!ioes with any of the non-banking organizations listed in his eV eation come within the prohibitions of Section 8A. If it is 0481 :mined that none of the non-banking organizations makes loans zroll 'Da': or bond collateral within the contemplation of Section 8A, Smith, at tS.5 are release elease the inclosed permit to Mr. Sth, 40authorized time forwarding conies thereof to the banks involved. : 2 0 ' L ease inform the Board of your disposition of this matter der that its records may be complete.II V Approved. Lotte to Mr. McClure, Federal Reserve Agent at the Federal Reserve City, reading as follows: 2523 -26,:There are inclosed the original and copies of a Clayton Act ' ralt granted to L. C. E. Costello to serve at the same time as A4 rector and officer of The First National Bank of Lindsay, as lector and officer of The First National Ban:: of Alex, and as recor of The First National Bank of Blanchard, all of Oklahoma. az, "It has been noted from information furnished by your office tia ' ri also contained in the recent reports of examination of the vtij : e ban:rzs that the applicant had been criticized in connection aria" loans and those of members of his family in the banks, lt,liat he also had been criticized by the national bank examiner apparent participation in an arrangement to have the Manof''bank assume the loss involved in certain notes, the payment ala watch had been guaranteed by him and Mr. R. K. Wootten. In , e°vinE; this application, consideration has been given to the ea t4 that the ; banks involved are in good condition, that the appliita„, la repOrted to be highly regarded in the communities, and that etrerdent recently in his person.o.1 financial affairs has been The Board has noted your opinion that Mr. Costello's Ilis'ee with the three banks will not be harmful to them and that f°reed withdrawal from any of them might be distinctly harmful. C°11f1dential1y, however, it has been noted from the files of exar Co mptroller of the Currency, in connection with the recent Aot: 4 44tion of the Blanchard bank, that the charging off of the sti4.,, 84.611aranteed by Directors Costello and Wootten may have contrati '':"ed a violation of Section 5209, U. S. R. S., and that the rtie jaction may be reported to the United States District Attorney. via 4°.ard that, in all cases where there have been alleged frotaa;, i°11s of the law, definite information should be obtained Proper authorities regarding the disposition which was Clayt,°f Such cases before permits under the provisions of the tiae „ -:n Act are issued. You are requested, therefore, to ascertain evelct", 4tus of the charges against Mr. C. E. Costello, and in the tioll 'he case has been duly considered and. closed without prosecuektt'Zu arc authorized to release the inclosed permit to the applisetae i7" to forward copies thereof to the banks involved, at the the a4=rae furnishing the Board complete information with regard to co,kiLk„ sPosition o+- the matter in order that its records may be 4 ete. iV % e YOU ' 411/1114 your submit your recommendations as a result of report review Nay of this permit, the Board requests that you, Costeriaz to whether there have been any further abuses by Mr. ' 3 of his official positions." Approved. 14 Ate _ u to the Federal Tleserve Agent at the Federal Reserve Bank of " 5-1 -c1 the following Clayton Act permits for transmission to the 2524 8/15/31 -27applicants, ana r (.,uesting that, when he submits his recommendations as a resIllt of his annual review of the permits, he report fully as to the applicellts 1 v‘ticeraance at directors' meetings. lir, 10 410bert D. Barclay, for permission to serve at the same time director and officer of the 'National Bank of Commerce of sall t 4,AxIt°11i0, San Antonio, Texas, and as a director of the First a6s Bank, Poteet, Texas. 1.4r, T a "Iln Bennett, for permission to serve at the same time a director of the National Bar': of Commerce of San Antonio, 1Tall.Antonio, Texas, as a director and officer of The Yoakum *6”10flal Bank, Yoakum, Texas, and as a director of the San -41‘,01:40 br andh of the Federal Reserve Bank of Dallas, San 6°Ili0, Texas. Approved. Letters to applicants for permits under the Clayton Act, advising 41)D1-'-"f7LI'l Of }tr. their applications as follows: .1 0 J. Hamlin, for permission to serve at the same time as a r and officer of the Hamlin Bank and. Trust Company, SmethOf ;.; Pennsylvania, and as a director of The First National Bank ' clred, Eldred, Pennsylvania. a S• Zachry, for permission to serve at the same time as Te4r,r ,,, ector of The First National Bank of Lenoir City, Lenoir City, e —ssee, and as a director of The Bank of La.Fayette, Larayette, G01I '41a. 41, S. Jo Graham, for permission to serve at the same time as c.:,irector and officer of the First National Bank in Tuckerman, Of el ' rle-,11, Arkansas, and as a director of The First National Bank Newport, Arkansas. btr, d,:11 7 " 4 ail', for permission to serve at the same time as., , Criaal' ei °r and officer of The First National Bank of :!inco, l'oca, °Taa's as, a director and officer of The First National_ Ban:, Pocasset, Oklahoma, and as a director of The Oklahomaof1Tati.-se, 0113 ' 1 2ank of Chickasha, Chickasha, Oklahoma. ;: ''irecf,• "411, for permission to serve at the same time as a Nee, —r anel officer of The First National Bank of Pocasset, set' Oklahoma, and as a director of The First National Bank ' 11°0, Mine°, Oklahoma. Approved. 2525 -28-There was then presented the following application for a change 2 tclek of a Federal reserve bank: loka4r‘i •Leation for SURRE1'TD7R of Stock: 1To. 7. IlleWilmette State Bank, W ilmtette, Illihois 414ttriet Shares 105 105 Approved. Thereupon the meeting adjourned. bg cretary. 4D1proveci: ‘k, Go ernor.