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481

A. meeting of the Board of Governors of the Federal Re3e1 ve System
was held in Washington on Friday, December 1, 1939,
at io:30
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

Ransom, Vice Chairman
Szymczak
McKee
Davis
Draper

Mr. Bethea, Assistant Secretary
Mr. Carpenter, Assistant Secretary
Mr. Clayton, Assistant to the Chairman
Mr. Thurston, Special Assistant to the
Chairman
Mr. Wyatt, General Counsel
Mr. Smead, Chief of the Division of
Bank Operations
Mr. PauliLer, Chief of the Division of
Examinations
Mr. Dreibelbis, Assistant General Counsel
Mr. Cagle, Assistant Chief of the Division
of Examinations
Mr. Chase, Assistant Counsel
There were presented telegrarls to Messrs. Kimball and Post,
eczetaries of
the Federal Reserve Banks of Nev York and Philacielphia)
respectively, Ur. MeLarin, First Vice President of the
"al Reserve Bank of Atlanta, and Messrs. Dillard and Hale,
Zecr
a''.
"111-es of the Federal Reserve Banks of Chicago and San Francisco,
rea,
-00etively, stating that the Board approves the establishment with1
° t eh,
41Ce by the Federal Reserve Banks of Chicago and San Francisco
'
04 xo
Itember 28, by the Federal Reserve Banks of New York and Atlanta
Ilbvelaber 30, 1939, and by the Federal Reserve Bank of Philadelphia




1482
12/1/39

t°daY, of the rates of discount and ourchase in their existing
schedules.
Approved unanimously.
There was further discussion of the program for the Chairlets

Conference for December 5-6, 1939, and Mr. Davis stated that

48 had arranged with Mr. Peyton, President of the Federal Reserve
11°1( of Minneapolis, to send to Washington the recordings of three
Of the
broadcast programs which had been prepared by the Minneapolis
bawl,
and that it was
his (Mr. Davis) suggestion that these record111ge be

Presented during the late afternoon of the first day of the

Clirillen's Conference.
Mr. Davis' suggestion was agreed to unanimously.
It was also agreed (1) that arrangements should
be made for a dinner on the evening of December 5 to
be attended by the Chairmen, the members of the Board,
and Messrs, Morrill, Clayton, Thurston and Goldenweiser,
the cost of the dinner to be paid by the Board and an
!
.Ppropriate amount added to the miscellaneous account
111 the general budget for 1939 to cover such cost, (2)
that the Assistant Secretary should send a telegram
today to
the Chairmen extending to them an invitation
tO attend
the dinner and stating that it seemed certain
that the Chairmen's Conference will run into the second
day and that the Board hoped they would be able to arl'alage their affairs to be present on the second day,
!ad (3) that arrangements should be made by the SecreuarY's office for a set luncheon in the large dining
room for the Chairmen, and the members of the Board on
both days of the conference.
Mr. McKee stated that he understood that the Temporary Naconomic Committee has scheduled hearings in the near future




14183

12/1/39

—3-

04 the question of investment funds and investment securities and
he raised the question of the desirability of having representatives

of the Board's staff attend the hearings.
It was agreed unanimously to request
Messrs. Glenn M. Goodman of the Division
of Examinations, Lnd A. B. Hersey of the
Division of Research and Statistics, to
attend the hearings.
Mr. McKee referred to a letter dated October 25, 1939,

rxiom—

- -zesi(ent Young of the Federal Reserve Bank of Boston with

Which was enclosed a copy of a letter dated October 20, 1939, from
he

President of the Meriden Trust and Safe Deposit Company of
den,

Connecticut, in which inquiry was made whether the trust

e°4411Y) in making loans in various trust capacities only and not
it
e

own account, would be held to be engaged in making real
loans within the meaning of the Board's Regulation L, Inter-

1oc1-1hg

Bank Directorates under the Clayton Act.

The letter said

that
this question may be of importance in determining whether six
nle.nibel
s of the board of trustees of the trust company could
'

contirl
to serve the trust company and The Home National Bank and

The 1,
4"ide11 National Bank, both of Meriden, Connecticut.

A draft

Or ze

Ply to the
letter from President Young of the Federal Reserve
Bawc
°r Boston had been prepared in which the opinion was expressed
that
°/1 the basis of the information available, the trust company




1484

12/1/39

-4-

would be considered as engaged in one of the same classes of business as a national bank which makes real estate loans in other
then a fiduciary capacity.

Mr. McKee stated that when the draft

l'sPlY reached his desk he suggested that further investigation
°t the matter
be made, that Mr. Chamberlin of the Division of ExamWent to Meriden for this purpose, and that the results of
his investigation were set forth in a memorandum under date of
N°Irenber 17, 1939.
Mr. McKee also referred to a letter which he had received
4114
"date of November 9, 1939, from the President of The Detroit
131111kt Detroit, Michigan, raising the question whether the prohibiticlls of the Clayton Act would apply to an interlocking relationelliP between
the Detroit Trust Company, which has no deposit ha811d a bank which does no fiduciary business.
After discussing some of the circumstances surrounding the
two
cases to which he had referred, Mr. McKee suggested that the
Board
give consideration to taking the position that as long as a
tzust
eanpany does not accept deposits it would be regarded as not
engaged in the same class of business within the provisions
or Ilsgq1ation L as a bank which does receive deposits but does not
ex.
'''() fiduciary Powers.




.1.485

-5Mr. McKee's suggestion was discussed in the light of the
legislative history of the Clayton Act and the provisions of Pegtiletion L.

During the discussion Mr. Wyatt stated that Mr. McKee's

sliggestion might be made effective by (1) amending the Regulation
813eeifically to permit an interlocking relationship between a trust
°°111PanY which does not accept deposits and a member bank which does
erercise fiduciary powers, or (2) by ruling that such a trust
"rillperlY is "not engaged in a class or classes of business" in which

the viewer
13

bank is engaged.

He also said that the two cases pre-

Sellted by
Mr. McKee were borderline cases, that if the Board decided
to take action
he felt the best method of procedure would be by an
ellie"rasnt to the regulation which would be in accordance with the
statu
turY authority of the Board to permit interlocking relation8/148 between a
member bank and not more than one other bank, and
1414

ruling under the existing regulation that the trust company

tlot engaged
in the same class or classes of business might be
held to be

contrary to the basic philosophy of the Clayton Act.
At the conclusion of the discussion,
Counsel's Office was requested to draft an
amendment to Regulation L alone the lines
referred to by Mr. Wyatt for consideration
at a meeting of the Board to be held on the
morning of Monday, December 4, 1939, at
10:30 a.m.




148E

12/1/39

-6-

During the consideration of this matter Mr. Thurston left
the /fleeting.
Mr. Davis stated that it had been ascertained that Warren
Whittier,
a farmer, dairyman, and cattle breeder in Douglass17111e, Pennsylvania, was willing to accept appointment as a Class
C director of the kederal Reserve Bank of Philadelphia and that it
the recommendation of the Personnel Committee that he be aped for the remainder of the three-year, term ending December 31,
1940.
In accordance with the recommendation of
the Personnel Committee, Mr. Whittier was appointed a Class C director of the Federal Reserve Bank of Philadelphia for the unexpired
portion of the three-year term ending December
31, 1940.
The minutes of the meeting of the Board of Governors of the
441'14. Reserve System held on November 30, 1939, were approved
1111(1111111ousiy.




Thereupon the meeting adjourned.

Assistant Secretary.