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1685
A meeting of the Board of Governors of the Federal Reserve
SYStem

was held in Washington on Tuesday, December 2, 1941, at 11:30

a.m.
PRESENT: Mr.
Mr.
Mr.
Mr.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
Szymezak
McKee
Draper

Mr.
Mr.
Mr.
Mr.

Morrill, Secretary
Bethea, Assistant Secretary
Carpenter, Assistant Secretary
Clayton, Assistant to the Chairman

The action stat
ed with respect to each of the matters hereinafter refer
red to was taken by the Board:
The minutes
of the meeting of the Board of Governors of the
Federal
Mously.

Reserve System held on Dece
mber 1, 1941, were approved unani-

Memorandum dated November 28, 1941, from Mr. Paulger, Chie
f
°t the D
sion of Examinations recommen
ding that, effective January
,
1, 1942,
Robert J. Schoenho
ff be appointed as an Assistant Federal Reactive ILIner,
with official headquarters at Minneapolis, Minnesota,
411d with salary
at the rate of $2,500 per annum.
In accordance with the above recommendation, Mr. Schoenhoff was appointed
an examiner to
examine Federal Reserve
Banks, member banks of the Federal Reserve
System, and corporat
ions operating under
the prov
isions of Sections 25 and 25(a)
of the
Federal Reserve Act, for all purposes of the
Federal Reserve Act and of
all other
acts of Congress pertaining to
exami
nations made by, for, or under the




$186
12/2/41
direction of the Board of Governors of the
Federal Reserve System, and was designated
as an Assistant Federal Reserve Examiner,
with salary at the rate of $2,500 per annum, all effective as of January 1, 1942.
Memorandum dated November 29, 1941, from Mr. Morrill, recomlending,

With the acquiescence of Mr. Goldenweiser, that Raymond J.

Collier,
junior economist in the Division of Research and Statistics,
be
transferred from that Division to the Correspondence and Publications
Secti°n of the Secretary's Office, and that his salary be increased
1.111 $3,000 to
$3,600 per annum, both effective as of December 16, 1941.
Approved unanimously.
Letter to Mr. Young, President of the Federal Reserve Bank of
Chi
cago,
reading as follows:
B
"Referring to your letter of November 29, 1941, the
Board of
Governors approves the payment of a salary at
'a.te of $8,000
per annum to Mr. Allan M. Black as
4a8hler of your Bank,
for the period December 15, 1941,
March 311 1942."
Approved unanimously.
Letter to the
board of directors of "The Fidelity Bank", Durham, North
Carolina, stating that, subject to conditions of membership
Nithered 1 to
6 contained in
the Board's Regulation H and the following
special
condition, the Board approves the bank's application for
nieillbership in
the Federal
Reserve System and for the appropriate amount
Of stock
in the
Federal Reserve Bank of Richmond:

"7. Prior
to admission to membership, such bank,
if it




1687
12/2/41

-3"has not already done so, shall charge off or otherwise eliminate estimated losses of 40,347.49, as
shown in the report of examination of such bank as
of October 13, 1941, made by an examiner for the Federal Reserve Bank of Richmond."
The letter also contained the following special comment:

"It has been noted 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
the power to guarantee the payment of
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
ur.Ider condition
of membership numbered 1 to obtain the perTission of the Board of Gover
nors before exercising them.
It this
conne
ction
,
the
Board understands that there has
been no
change in the scope of the corporate powers exerlsed by the bank
since the date of its application for
me
mbership."
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 SysSys„
nem approves the appli
cation of 'The Fidelity Bank',
i''"an, North Carolina,
for membership in the Federal
System, subject to the conditions prescribed in
tieiser
ve
toe enclosed
letter which you are requested to forward
„ the Board of
Directors of the institution. Two copies
;
0
4- such
letter are also enclosed, one of which is for
folLfiles and the other
of which you are requested to
m:7drd to
he Commissioner of Banks for the State of
the
Worth
n It has for his information.
been noted that the bank has on deposit with
xconniember bank in
Wilson, North Carolina, an amount in
it 7
.88 of 10 per cent of its own capital and surplus
and
of rd
:assumed that the
Reserve Bank will follow the matter
thes ucing the balance to withi statutory limit
n
s. Since
e banks
have accounts with each other, your attention

1:




1_688

12/2/41

-4-

"is called to the Board's ruling on the question of deduction of sums deposited in a member bank by a nonmember bank
(see Loose-Leaf Service #6164).
"Exhibit VI of the bank's application did not include,
as required by the application form, copies of the approvals
or authorizations
by the State authorities of the establishment of the branches operated by the bank. Apparently
With reference to this requirement, Exhibit VI states:
'For authority see Amendment to Charter'. While such
amendment gave the bank the power to establish branches,
it provided that no branches should be established or
conducted without first complying with the requirements
of the laws
of the State of North Carolina then or there.after in force
respecting the right of banks to open
branches.
It is our understanding that when the bank
established its branche
s the State laws required that a
bank obtain the
approva
l of State authorities before establishing
a branch. If this is correct, it would appear
the.t
e
the bank was required to obtain such approval of the
_!tablishm
ent of each branch and appropriate evidence there"should be furnished
to the Board."
Letter to the Federal Deposit Insurance Corporation, reading as
rolaOW8:
"Pursuant to the provisions of section 12B of the
Federal Reserve
Act, as amended, the Board of Governors
the Federal
Reserve
System hereby certifies that The
Fa
barmers and Merchants Bank
of Hill City, Hill City, Kansas,
lee;
a4le a member of the Federal Reserve System on December
oc ;
1 1.140
9.% is now a member of the System. The Board
of the Federal Reserve System further hereby
17afies that, in
connection with the admission of such
a,Tc to
membersh
ip
in
the Federal Reserve System, considerwtas
given to the following factors enumerated in
se.? 1-011 (g) of section 12B of the Federal Reserve Act:
The financial history and condition of
the
2. The bank,
3. Its adequacy of its capital structure,
4. The future earnings prospects,
general character of its management,
The convenience
and needs of the community
to be served by
the bank and

4




1689

12/2/41

—5-"6. Whether or not its corporate powers are
consistent with the purposes of section
12B of the Federal Reserve Act."
Approved unanimously.
Telegram to the Presidents of all of the Federal Reserve

Banks
2

reading as follows:

"Reg. R-112. The Board has been asked whether, in
viaw of section
9(c) covering 'lay-away' plans, Regulation
W permits a dealer
to accept a small deposit (less than
required down payment) on an article which he agrees
1,0 hold until
the purchaser has accumulated and paid the
required down payment, if as a part of the same transaction the dealer
delivers another similar article (such
!'
i11
1 :
1-tci
tnstrator) to the purchaser for him to use in the
tive."The Board has answered this question in the nega"The Board has also been asked whether RegulationlY
Pjrmits a dealer to delive
r a demonstrator to a prospeclve purchaser, receiv
ing a small deposit (less than the
s?_cpired down payment) and,
in some cases, an old article
which the
seller is willing to take as a trade-in, if the
pr:ospective purchaser has and knows that he has the unconv„tional legal right
to require the dealer to take back
:
it demonstrator and give
back the deposit and the tradethe ifany, without being under any obligation to purchase
iga.demonstrator or similar article or under any further
tion whatsoever to
the dealer.
4.
lave. The Board has answered this question in the affirma-

obi

"The difference
between these two cases is that in
the
„ *first case
there
was a contract of sale coupled with
481rde
agreement which, in effect, would avoid the Regulasa ; while in
the second case there was no contract of
theeand the
prospective purchaser had the right to return
ticidemonstrator and
receive back the deposit and old arther:' if arty. On the other hand if, in the second case,
had been a
wo,,?nal and the contract of sale, even though it was con"4-u have been purchaser had the right to rescind, it
necessary for the seller to obtain the




1_690
12/2/41

-6-

"required down paym
ent and to calculate the maturity
(in the event the contract became unconditional) from
tl.le date of
the contract rather than the subsequent delivery of the article.
"
Approved unanimously.
Letter to Mr. Wallace, Counsel of the Federal Reserve Bank
of
Richmond, reading
as follows:
"This refers to the first two questions contained
In your letter
of November 24, 1941 regarding Regulation
W.
"The first question is whether
a first mortgage
creating a first lien
on improved real estate which is
subject to a rede
emable ground rent is excepted by section 6ta\
) of the Regulation.
"It is our unde
rstanding that although the ground
rent is
real estate, it is an incorporeal hereditament
;;_rfee
the rent, as distinguished from the corporea
ei
l
of the owner of the fee simple estate in
the land.
Accordingly, the Board agrees with your view
alat the
first mortgage creates a first lien on real este of the kind desc
ribed in eection 6(a) and that the
°an which it
secures is therefore exempt.
"Your second
question is whether a loan to redeem
such a ground
rent will be exempt by the provisions of
ec.
o
ef
:
i.i°n 6(a), as amended effective December 1.
In view
fact that the
ground rent is a fee simple estate,
6'(11)15 real estate, the loan would be exempt under section
you
c,mted befo indicate (assuming that the ground rent was
reserved , re the borrower purchased the land, or was
because IDY the seller when the borrower bought the land
),
the,
in it would be a loan to finance the purchase of
la_
terest of the
owner of the rent and thus free the
a charge,
which would be a transaction of the
;711,r.lature, for
present purposes, as a loan to pay off
bo ht
tgage which was on the land
at the time the borrower
ug it.li

y

a8

Appr
a second oved unanimously, together with
letter
of the Federal to Mr. Wallace, Counsel
Reserve Bank of Richmond,
reading as follows:




12/2/41
-7-"This refers to the last question contained in your
letter of November 24, 19h1 regarding Regulation V.
"The question is whether a copy of the statement referred to in section 5(c)(1) should be give to each
of
n
the parties
to a note which is made by several co-makers,
some of whom are acco
mmodation makers.
"The Board agrees with your view that a copy of the
statement need be given only to the part
y who receives
the proceeds of
the loan."
Letter to Mr. John A. Schoonov
er, President of The Idaho First
Natic)nal Bank, Boise,
Idaho, reading as follows:
"This will acknowledge rece
ipt of your letter of
November 19, in
whic
h
automobile dealers
you
urge
that
in the West
be allowed to extend more liberal instalment
aredit than
elsewhere in the country because of the higher
freight diff
erentials to which they are subject.
It is true
that, owing to the higher prices for aut
omoIles in the
West
, which result from higher transporIltion cost
s, the regulation has the effect of requirin
g
ger minimum
monthly payments on cars purchased in the
West,

:

"This oint
was made a number of times during the
Preparationof Regulation V: and has been care
fully considered- It is
difficult to see, however, how the Board
e0111d, as
an administrati
ve matter, impose different refor different sect
than it
ions of the country any more
vcilth v could impose different requirements in accordan
geog
ce
raphiariations in selling
al fact
prices due to other than
pert ors. It would hardly be feasible, for example, to
cars in the
highest price bracket to be purchased
n more liberal
term
s than cars in the lowest price bracket.
i nstance'Althoug
h the Board
does not see its way clear in this
tho, 'as in many others, to
follow suggestions made by
ct o its
regulation, nevertheless your courtesy
Presenting
your views is much apprecia
ted. The proto trs of Pegulation W
are the subject of constant study
:
tend that
the regulation may
be made more equitable
the tu impairing its
effectiveness, and suggestions from
rade are
given attentive cons
ideration."




Approved unanimously.

1692
12/2/41

-8Letter to the Presidents of all Federal Reserve Banks, reading

as

follows:
"There have been forwarded to you today under separate cover
copies of form F. R. 107b to be used by
State bank members
in submitting their reports of earnings and
dividends
for
the six and twelve months ending
December
31, 1941.
"The form is unchanged, so far as the items
therein
are
concerned, from the form used in submitting reports
for the six
form has an months ended June 30, 1941. However, the new
additional column in sections 1 and 2 for figures covering the
full year ending December 31, 1941. The
Nures in this column
will represent the total of the
_lhagures in the first
column
of the current report plus
those shown
in the report of earnings and dividends for
the six months ended June 30, 1941. If the
latter report
was c
orrected after it was submitted to your bank, the corrections should, of
course, be taken into account in comPiling the full
-year figures for the current report.
"It is
suggested that appropriate instructions be
en to the
banks at the time the forms are sent to them.
also suggested
that, in the examination of the reports
17_10mitted by the
member banks before transmittal to the
4_17a?"(1)
;:acthe particular attention be given to the annual figures
second column of section 2, to verify
that they
?!Icile section
3 of the current report with section 3
Of
the report
submitted at the end of 1940."

Ilv

Approved unanimously.
Memorandum dated
November 27, 1941, from Mr. Nelson, Assist4nt se,
-retary, r
ecommending that the Board accept the bid submitted by
the pr
ank Parsons
Paper Company, Washington, D. C., for
kimeogr
furnishing the
aPh Paper
needed by the Board during the year
ranqum
1942. The memothe
:
ated that the
bid provides for the following fixed prices for
quarter of 1942
ased
and for prices for each succeeding quarter
P°n the price
published by the International Paper Company:




1693

Size 16 x 21 inches - $1.86 per ream
Size 16 x 25 inches - 2.21 per ream
Size 17 x28 inches - 2.64 per ream




Approved unanimously.

Thereupon the meeting adjourned.

Chairman.