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1138

A meting of the Board of Governors of the Federal Reserve
$'Ystem was held in Washington on Friday, August 16, 1940, at 2:30

PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
McKee
Davis
Draper

Mr. Morrill, Secretary
Mr. Bethea, Assistant Secretary
Mr. Carpenter, Assistant Secretary
The action stated with respect to each of the matters herein-

after

referred to was taken by the Board:
The minutes of the meeting of the Board of Governors of the

Pecieral Reserve System held on August 15, 1940, were approved unani-

mously
Memorandum dated August 13, 1940, from Mr. Carpenter, recomke4
ding that, for the reason stated in the memorandum, Ernest F.
411.8°1 be appointed as a clerk in the Office of the Secretary, with
81114 '3 at the rate of 1,800 per annum, effective as of the date upon
Which he enters upon the performance of his duties after having passed
84tisfactori3,y the usual physical examination.
Approved unanimously.
Memorandum dated August 15, 1940, from Mr. Van Fossen, Assistalit Chief of the Division of Bank Operations, submitting a letter
(lat. d A
e- 'tugust 12, 1940, from Mr. Gilbert, President of the Federal Ree1
-an of Dallas, which recommended approval by the Board of changes




1139
8/16/40

-2-

personnel classification plan of the Bank to provide for inet
cr
ases in the maximum salaries for the positions of "Supervisor of
e ftIlloclitg Loans" in the Reconstruction Finance Corporation and Public
/lerics Administration Custodies Department and "Chief Audit Clerk" in
the Auditing
Department. The memorandum stated that the proposed
eillges had been reviewed and recommended that they be approved.
Approved unanimously.
Telegrams to Mr. Young, President of the Federal Reserve Bank
of Boston, Mr,
Treiber, Assistant Secretary of the Federal Reserve
8ank of New
York, Mr. Post, Secretary of the Federal Reserve Bank of
Philade-qphia,
Mr. Wagner, Vice President of the Federal Reserve Bank
m
of -Leveland, Messrs. Dillard and Stewart, Secretaries of the Federal
IleSe

rve Banks of Chicago and St. Louis, respectively, Mr. Caldwell,
Chat
rIllan of the Federal Reserve Bank of Kansas City, and Mr. Hale,

etarY of the Federal Reserve Bank of San Francisco, stating that
81 '

the Board
approves the establishment without change by the Federal
R e—
"re Banks of St. Louis and San Francisco on August 13, by the

Ped-

Reserve Banks of New York, Cleveland, Chicago, Kansas City,

arid 8

an Francisco on August 15, 1940, and by the Federal Reserve Banks
13"ton and Philadelphia today, of the rates of discount and purchas
e in their existing schedules.
Approved unanimously.
Letter to the board of directors of the "Shenandoah County Bank




1140
8/16/40

-3-

and Trust Company", Woodstock, Virginia, stating that, subject to conn$
"'
° of membership numbered 1 to 6 contained in the Board's Regula-

HY the Board approves the bank's application for membership in
the
he

Federal Reserve System and for the appropriate amount of stock in
Federal Reserve Bank of Richmond.
The letter also contained the following special comment:
. "It appears that the bank possesses certain powers
which are not being exercised and which are not necessarily
required in the conduct of a banking and trust business,
such as powers with respect to the guaranty, and perhaps
the issuance, of bonds. Attention is invited to the fact
that if the bank desires to exercise any powers not actually
exercised at the time of admission to membership, it will
be.necessary under condition of membership numbered 1 to obt?In the permission of the Board of Governors before exercising them. In this connection, the Board understands
that there has been no change in the scope of the corporate
Powers exercised by the bank since the date of its application for membership."
Approved unanimously, together with
a letter to Mr. Leach, President of the
Federal Reserve Bank of Richmond, reading
as follows:
"The Board of Governors of the Federal Reserve Sys,,eM approves the application of the 'Shenandoah County
'°811k and Trust Company', Woodstock, Virginia, for memberin the Federal Reserve System, subject to the condi'ions prescribed in the enclosed letter which you are
.1_:'equested to forward to the Board of Directors of the
institution. Two copies of such letter are also enclosed,
°ne of which is for your files and the other of which you
are requested to forward to the Commissioner of Banking
Ior the Commonwealth of Virginia for his information.
"It will be noted that the Board has not prescribed
the
special condition recommended by the Reserve Bank




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8/16/40

-4-

"Committee with respect to the issuance of interest bearing certificates or notes or bonds but has covered the
matter in the letter to the bank."
Letter to the board of directors of the "Greenfield Banking
c°41Panr, Greenfield, Indiana, stating that, subject to conditions of
14embershiP numbered 1 to 3 contained in the Board's Regulation H, the
18°41'd approves the bank's application for membership in the Federal
ileserve System and for the appropriate amount of stock in the Federal
Reserve Bank of Chicago.
Approved unanimously, together with
a letter to Mr. Schaller, President of
the Federal Reserve Bank of Chicago, reading as follows:
"The Board of Governors of the Federal Reserve Sysem approves the application of the 'Greenfield Banking
'
43mPanY', Greenfield, Indiana, 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
such letter are also enclosed, one of which is for your
!Iles and the other of which you are requested to forward
0 the Director, Department of Financial Institutions, for
the State of Indiana for his information.
"The unsatisfactory features inherent in the bank's
securities account have been the concern of the State Department and the Federal Deposit Insurance Corporation for
same time and it appears that the president of the bank,
ho 13 not an active officer, has agreed to take a more
active interest in the bank's affairs and to undertake an
orderly liquidation of the substandard securities. The
,PPlication has been approved with the understanding that
he Reserve Bank will follow the situation closely and
!urther the efforts which the State Department and the
l'ederal Deposit Insurance Corporation have made to bring
about the desired improvements in the account.
"Since the amount of losses classified in the report




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-5-

"of examination for membership is nominal, the usual condition of membership regarding elimination of losses has
not been prescribed."
Letter to Mr. Gidney, Vice President of the Federal Reserve Bank
q l\lew York, reading as follows:
"This is in reply to your letter of July 26 suggesting that standard condition of membership numbered 7 which
was prescribed for a period of a few years prior to January
1) 1936, be canceled for the institutions to which it now
aPplies. You state that of the 171 State member banks in
Your district only 29 are subject to the conditions, which
reads as follows:
'Except with the permission of the Federal
Reserve Board, such bank shall not purchase or
acquire through any device whatever any stock of
any other bank, trust company, or other corporation of any kind or character except in satisfaction or protection of debts previously contracted
in good faith; and all stock acquired in satisfaction or protection of debts shall be disposed
of within six months from the date on which it
was acquired unless the time is extended by the
Federal Reserve Board on the application of such
bank for good cause shown.'
"If the condition were to be canceled for the banks
in one district, it should, of course, be canceled for the
banks in all districts. Moreover, if the one condition
Were to be canceled on the grounds that it is not being
made applicable to banks which now join the System, it
Wculd seem that the same reason would suggest the general
cancelation of other conditions no longer prescribed.
"While it would be highly desirable, of course, if all
State member banks were subject to the same conditions of
Membership, serious difficulties are involved in bringing
?"Dut such a situation. A survey of this problem is acTrelY under way, as well as a study of the possibilities
minimizing or eliminating discriminations not only beeen State member banks but also as between State member
4k., 8, national banks, and insured nonmember banks as
caasses.
"Since the Federal Reserve Banks are authorized to
act on behalf of the Board upon requests for extensions

V

r




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8/16/40

-6-

II

under the provisions of former standard condition of mem,
bership numbered 7, it is believed that little, if any,
hardship now prevails because of the requirements of the
condition. In this connection it might be observed that
When the condition was originally prescribed, Federal
statutes did not prohibit the purchase of stocks by State
member banks and the Board was particularly concerned about
the acquisition by State member banks of stock in other
banks and in controlled or affiliated corporations. As
stated in its letter of April 2, 1935, X-9169-a, the Board
also felt that, in general, stocks were not suitable for
the investment of funds of member banks, and the restrictions and provisions of the condition were intended to
Promote sound banking practice. Giving consideration to
the background of the condition and its general purposes,
it is believed that the Federal Reserve Banks may properly
follow a liberal policy in passing upon requests for extension involving stocks which, in effect, represent other
real estate, such as referred to in your letter of July
29 with respect to the City Bank Farmers Trust Company of
Ilew York. In cases where total holdings of marketable
Stooks are not large and it is evident that the management
is not following speculative policies with respect to its
r'ock holdings, it is believed that considerable latitude
Is likewise justified in passing upon requests for an extension involving stocks which do not represent significant
1.nterests in other banks or in other corporations, particu-Lazily where such stocks have been written down to nominal
values."
Approved unanimously.
Letter to Mr. Gidney, Vice President of the Federal Reserve Bank
Or-

1\11 York, reading as follows:
"This is in reply to your letter of July 291 1940,
regarding two requests by the 'City Bank Farmers Trust
..?TPanY i, New York, (1) for an extension of time within
"f.11oh to dispose of stocks of various real estate corporaIons and (2) for the cancelation of condition of membernumbered 7. It is noted that you have granted an
?xtension until June 15, 1941, of the time within which
-the bank may dispose of the stocks in question.

F




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-7-

"In a separate letter the Board has today replied to
Your letter of July 26 regarding your recommendation that
former standard condition of membership numbered 7 be
canceled generally. In view of the position expressed in
that reply, it is suggested that you advise the City Bank
Farmers Trust Company that action upon its request for
cancelation of condition of membership numbered 7 is being
deferred pending further studies bearing on the general
and related questions."
Approved unanimously.
Letter to Mr. Chester T. Lane, General Counsel of the Securities and

Exchange

Commission, reading as follows:

"Receipt is acknowledged of your letter of August 15,
1940 with further reference to the practices of the Trust
CMPany of Georgia in connection with the purchase and
sale of securities for customers.
"With regard to your reference to the practices to
be followed by the Trust Company of Georgia in the future,
?xl order to avoid the possibility of any misunderstanding
1fl this connection it may be said that the information
given to Mr. Pavenstedt by members of our staff regarding
such future practices was obtained entirely from the letter dated August 2, 1940 from the President of the Federal
Reserve Bank of Atlanta and from its enclosures. Copies
2f this letter and its enclosures were furnished to Mr.
ravenstedt at the time.
"In accordance with your request, when the next regular examination of the Trust Company of Georgia has been
e?mpleted we shall be glad to advise you of its results
With respect to the point under discussion in our correspondence."
Approved unanimously, together with
a letter to Mr. Parker, President of the
Federal Reserve Bank of Atlanta, reading
as follows:
"Referring to your letter of August 2, 1940 and our
!
. PlY of August 13, 1940, regarding the practices of the
IrliSt Company of Georgia as to securities transactions




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-8-

"for customers, there are enclosed herewith for your further information in this connection a copy of our letter
to the General Counsel of the Securities and Exchange Commission dated August 13, 1940, a copy of his reply dated
August 15, 1940, and a copy of a letter which we are addressing to him today.
"We are advised by representatives of the Securities
and Exchange Commission that, in accordance with an informal understanding between Mr. Green and Mr. Denmark,
the examiners on the occasion of the next regular examination of the Trust Company of Georgia will ascertain the
Practices then being followed by it in relation to this
matter; and you will note that we have agreed to advise
Ur. Lane of the results of this examination in so far as
they relate to this point."
Letter to Mr. Swanson, Vice President of the Federal Reserve
Bank 0,p

Minneapolis, reading as follows:

"This refers to your letter of August 7, 1940, with
enclosure, and previous correspondence, relative to the
Clayton Act status of Mr. Karl Goldsmith, with particular
reference to the question whether Pierre and Fort Pierre,
South Dakota, are 'contiguous or adjacent' within the
aleaning of the Clayton Act. In this connection, you have
submitted an aerial photograph identified by the symbols
8-16-39 and CBQ 2-67.
"From the information submitted by The Fort Pierre
National Bank in its letter of January 24, 1940, it appears that the two towns are situated in different counties,
that they are county seats of their respective counties,
that they are separated by the Missouri River which is
°ver one mile in width at the point of separation, that
4.State highway bridge spans the river from within the
2.-tY limits of Pierre to a point about a mile north of
ne city limits of Fort Pierre, and that the distance bethe business sections of the towns is approximately
t•hree miles. Based upon this information and the general
cgraphic situation as shown by the aerial photograph reerred to above, it appears that the two towns are not in
Practical effect a single city, town or village and accordingly, it is the opinion of the Board that they should
not be regarded as 'adjacent' within the meaning of the

r




1146

8fl.61/40

-9-

"Clayton Act. You have not submitted information as to
Whether the corporate limits of the two towns touch or colncide at some point and, accordingly, the Board is unable
to determine whether or not the two towns are 'contiguous'.
As you know, of course, if the corporate limits of Pierre
and Fort Pierre actually touch or coincide, the towns are
'contiguous' and the interlocking relationship in question
iS prohibited."




Approved unanimously.

Thereupon the meeting adjourned.

Chairman.