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3715
Areeting of the Federal Reserve Board was held
in Washing-

ton

Thursday, December 6, 1934 at 3:30
,
p. iii.
PRESENT:

Mr.
Er.
Er.
Mr.
Mr.
Mr.

Eccles, Governor
Thomas, Vice Governor
Hamlin
Miller
Janes
Szymczak

Mr. Morrill, Secretary
Mr. Bethea, Assistant Secretary
Mr. Carpenter, Assistant Secretary
The

Board acted upon
the following matters:

Telegrana dated Dece
mber 6, 1934, from Mr. McAdams, Secrethe
Federal Reserve
Bark of Kansas City, and Mr. Sargent,
8"retary of the
Federal Reserve Bank of San Francisco, both advising
tEry

or

tli4t1 Ett meetings of the boar
ds of directors today, no changes mere
rP4cle 41 the b nyd,
---s' existing schedules of rate
ehtxses
s of discount and pur-

Without objection, noted with approval.
Me
morandum dated
December 4, 1934, from Er. Morrill, Secrerecortnending
that, in order to provide offices for the Division
°t8"urities
Loans, the Board auth
orize the rental of five adjoining
roota,
comprising a
total of 1,323 square feet, on the seventh floor
tEtry,

e'tll

°n the

at a cost of ,,12.50 a square foot per annum,

basis of
the Board's present leases with
the Shoreham InCompany. The
memorandum stated that all alterations, in%4414;the
door
renoval of
three partitions and the insertion of two
ei Etre
t0 be
made by the
management of the Shoreham Building

.Nttillext




3716

(1) 12/6/34-

-2-

Without cost
to the Board.
Approved.
Telegram

to L. Walsh, Federal Reserve At-_;ent at the Federal

Reserve

Eank °f Dallas,
referring to the application of the "First
State Bank of
Canyon, Texas",
Canyon, Texas, for permission to withitz
ediately from membership in the
Federal Reserve System, and
tte'tin tat
h
the Board
waives the usual requirement of six months'
11°tioe cf
intention to
withdraw and that, accordingly, upon surrender
°r
the
Federal reserve
bank stock issued to the First State Bank of
C841Y0n, the redo
ral Reserve Bank of Dallas is
sileh
authorized to cancel
stock and
make a refund thereon.
Approved.
Letter to ler.
I:evrton, Federal Reserve Agent at the Federal
Bank of
Atlanta, reading as follows:
4 4"PLeceipt
is acknowledged of
your latter of I;ovember 28,
L0113:3,rcgarding the
American
Lank c Trust Co., iew Orleans,
lsiana,
which was last examined by your
4raine
1c33.re. for
examiners and exthe State Banking
Department as of December 9,
.1.4
AttnIst
IV of the
fact that the bank was examined
of .
./i'aio,-1 '
14 51 1934, by
national
bank examiners in connection vath
the
ion for
conversion into a national bank, and that
Plication for
conversion has been filed with the Comptrelir
he C
at ,e1L104 canurrency, it is believed that in this instance
be made to the general policy of
leas
requiring
(14rin; `' °fle
regular ex 'nation of each State member
bank
it
egeh calendar
year. In the circumztances, therefore,
tiori Lms apPropriate
that you delay arrangements for participaTruct Y°1-1r e
xaminers
in the examination of the American tank
ever, te.,
0
1 after January 1,
until
1935. It ic assumed, hownle ti.:4t if the
conversion
is
not
effected
within a reasonope , the bank
will be examined by your examiners, either
ncientlY or in
cooperation with the State authorities.

erlie




Approved.

3717
1V6/31
-3Letter dated Lecenber 5, 1934, approved by five members of
the Board,
to Li..
Stevens, Federal Reseri,e Agent at the Federal Re8erve Bank
of
Chicago, reading as follows:
,
l'ecei
:pt is acknowledged of Lr. Young's letter of November
in regard to the absorption of t1 Farmers Savings
i-'
1 Elairsburr, Iowa, a nonmember bank, by the 'ilillians Savgs
'hillia, Iowa, a member bank.
bili+.In view of the comparatively small amount of deposit haassumed, and the fact that the bulk of the assets acconsisted of cash, it seems apparent that there has
been
. no material
chance in the character of the business of,
or
b,
2n the scope
of the corporate powers exercised by, the member
1,11 , and the
Board, in accordance with your reconmendation,
i
nterpose no objection to the transaction.
have
he
Ivn
forward to the Board,
that vou will forrd
.
able,
, copies of any contract or agreement -which may
been
all 0 'een
entered into by the respective banks, together with
tionPill°n by your counsel as to the legality of the transacthe '
t is assumed, of course, that the absorption has had
aPProval of the
State Banking Department."
Approved.
Letter dated
December 5, 1934, approved by five members of
he
to Lr.
O'Connor, Comptroller of the Currency, reading as
1'1311017z:

erve

accord ance with your recommendation, the Federal 11ot
°ard approves a reduction in the common capita- stock
o
cap°'
cV:A°rZallfield National Bank', Llorganfield, Kentucky, from
Ce20:
0c;7 to .05,000
pursuant to a plan which provides that
loee
the released
ca:ital shall be used to eliminate .
diet4Isnd other
Substandard assets, and that 4,,5,000 shall
in
to the
shareholders of the bank, all as set fort:
your
o
merarandum
of November 24, 1934."
Approved.
Letter dat
the
d December
5, 1934, approved by five members of
coard, to
1,Ir.
4etr,ve
Vialsh, Federal 2xserve Agent at the Federal
J4a1k
of
Dallas, r
eadinEr, as follows:




3718
-4"This refers to your letter dated November 7,
1934, regarding the
vote theissuance of a voting permit to Armour and Company to
sLock which it owns or controls of the Stockyards 1;1110nal
Lank, Fort -iCorth, Texas, for the purpose of placing such
1 voluntary liquidation.
IN'orth,-Lk, is understood that the Fort Worth National Bank, Fort
Texas, has taken over -Lae affairs of the Stockyards Nafl43 and that represent-tives of
-T
the two banks have
'
tju:;red of you concerning the procedure to be followed in obR-,71411C a surrender and cancelation of the stock
in the Federal
yserve
Bank of Dallas owned by the
Stockyards National Bank.
B°111 state that it
is your view that the Stockyards .:tional
zlillez.rstzt311d be placed
in voluntary liquidation and that thereproceedinrs outlined in F.R.B. Form 86 should be
z,;:11'and you request to be advised
whether the Federal 1e-1:',a- ve roard concurs
in your view. Assuming that there has not
stn a con
solidation of the two national banks, and that the
c:kYards ITational
Bank continues to exist as a separate
014°rrate entity after its affairs have been taken over by the
Viorth
the pr
ilational Bank, it is the opinion of the Board that
etre ocedure
,
outlined in your letter is appropriate under the
s'
I le,Federal
Your ooun
Reserve Board agrees with the opinion of
ovited
.el that the
stock of the Stockyards National -)-- .7ec
favor °r e onLrolled
by Armcur and Company could not be voted in
obtai:
f
f; v°1-untary liquidation of the bank unless such company
such '1 ': a veting permit authorizing it to vote the
shares for
401c1CP°e. Idowever, since Armour and
Company will net be a
tion ,,, "InPany
of any member bank after the liquida-J- the st affiliate
1
]. nob
oceyards National Bank, the Federal 1- - eserve Board
Usuall, requirquire
re
it to file all of the information And exhibits
with 41
e' of
, eu
holding company affiliates in connection
par, t IPP-Lieation for
a voting permit. Consideration will be
,i.°
L the issuance
of
a voting permit to the company authorof tile
l6 c. to vote
the shares of stock which it owns or controls
tEtrik ie.°"L"kYards
liational Bank for the purpose of placing such
Of a 4
voluntary liquidation, upon
the filing by the company
t'er,°Pi_le,r1Y executed
application consisting of F.R.B. Form
e,'"er with Exhibil A
and Exhibit C, F.R.B. Form P-2.
lee nl,
i.h0 a r „ 'eve mentioned application and exhibits include
t
-he 1,33.4Znts zhich
section 5144 of the levised Statutes of
te to states, as arended, requires the
holding company aferinit, ,
, xecute as a
part
of
its
application
for a voting
ng
neo Federal
Co
Reserve Board has no authority to waive
,
ution of
such agreements, but you may inform Armeur and
n44PallY tlwet
it
oon
such agreements will cease to be
binding upon itke
lber ," it
ecialk. ceases
v
to be a holding campany affiliate o
'ou may also advise
Armour and Company that the




3719
12/6134
-5n

1Deard will not
require it to furnish Exhibit L, F.R.B. Form
73
'in connection
with consideration of the issuance of a
:lataited voting
permit to the company for the purpose of plac;11
.1g the
Stockyards National Bank in voluntary liquidation.
8 6 "InPany should be advised, however, that the Board
reIterves the
right to require additional information, if this
&ears to be
necessary in connection with consideration of
the application.
The company should also be informed that
pee Board
will defer consideration of such a limited voting
114:!1:iit until
an application is received, and consequently is
ole to
state at this time whether such a permit will be
Sued.
pan "It In*11 be
appreciated if you will advise Armour and ComY and the
stockyards National Bank of the Board's views rethe matter."

.1,

1

Approved.
Memorandum dated November 28,
1934, from Lr. Smead, Chief
Division of
Bank Operations, submitting a copy of Form 107,
etta,alanalca
report of earnings
and dividends of State member banks,
Et114
113°0)M:tending that the
changes indicated on the form be incorP°rEtted 4
-Ln the
form to be
used in rendering reports for the six
tontha
ending
December 31, 1934. The memorandum stated that it
is
ItIderstood
that cor
responding changes are being made by the office
"tale
COIITtrOlier of the
Currency in the form of earnings and
411634de
report to be
used by national banks.
Approved.
Letter to
the Federal
reserve agents at all Federal reserve
re4ding as
follows:
"Th
repliee
Federal Reserve
with re
Board has given consideration to the
received
to its telegram of July 14,
vi8or egard
1934, Trans 2036,
to
?;"2.0
expenses of the members of the industrial adMmittees.
4
-44 Y°u know,
section 13b (a) of the Federal Reserve Act,
41°Ilded,
reads in part
as follows:




aP20
" Eleh member of such committee shall be actively engaged in some industrial pursuit within the Federal Reserve
district in which the committee is established, and each
such member
shall serve without compensation but shall 'oe
entitled to receive from the Federal Reserve bank of such
district his necessary expenses ',idle engaged in the business of the
committee, or a per diem allowance in lieu
tnereof to be fixed by the Federal Reserve Board.'
%bile the iioard is sympathetic to the suggestion that
the
members of the industrial advisory committees should re.
;
r
e"
l.
a compensation for their services, it is clear from the
pic).fisi°11- of section 13b referred to above that the law conteraTh,a:-es that the
services rendered by the members of the com-L-L Gtee8
5ha-LI be without compensation and that any per diem
ti.rdced- by the Federal
Reserve Board should be in lieu of necesto Y e:cloenses, and, therefore, should bear some relationship
apior
8lich exPenees. Accordingly, the Federal Reserve Board has
ad',.°11ed the reimburseraent of members of the industrial
inew-Lssory
committees as follows: (1) A member engaged on buss for the
cormdttee in the city in which his place of
iiioull
reas is located may be reimbursed for the actual expenses
:
co
tt
e lebY him, (2) A member engaged on business for the
loc,te, °Iltside the city in which his Place of business is
trarts
be paid a per diem of c,10.00 a day plus actual
or
expenses, or, if he so elects, may be reimfor ne
actual expenses incurred by him."
Approved.
Letter to
liezer.re

-r

Curtiss, Federal Reserve Agent at the Federal

tLilk of Boston,
reading as follows:
•
1934,
Pt is
fer 21;
of your letter of itovemb
6
labe
,
- nclosinc a aelmowledged
oo_ y
liovember 23 romc..
p
of
a
letter
dated
Illittrt his Crei
ghton, Chairman of the Industrial Advisory
a
ene of the 'first
to
Federal Reserve District, with regard .o
ComIng
i_°111tnient of
alternate members of the Industrial Ad-Trsory
efrect:,,..
"
'and requesting the Board's views as to the legal
tiirl°11ess of
such appoinLinents•
Ille/abers connection
with the suggested appointment o
.y
, alternate
reser,„, ,
of the Industrial Advisory Committee in another Federal
,
Ot
'
3- strict the
that, in view
position
the
Board
taken
has
at
;fact that
section 13b (d) of the Federal Reserve Act,
Illcinber,
riclec
" does not authcrize the appointment of alternate.
1- ,.ec be
" Enci also in view of the requirement that the o.r-anit-elss, it
j
e°111
°sed of not less than three nor more than five mem'
,
- t3 not
believed that alternates for members of the




3721
11_ 0
u mmttee

legally may be appointed.
ihe Loard is in agreement with the suggestion that it
would be
unfortunate to have the work of theL;orrinittee_unvorably affected by frequent changes in
the personnel of
,
11e Committee
resulting from resignations because of canton.Plated absence.
It is hoped that no such changes will become
11.17,171:Zaand that it will be possible for the members of the
ildvisory Committee to work out a procedure which
7611 enable them
to arrange their affairs and the work of
C°111mittee so that there will be a minimum of
interruption
''.411 delay in
:
the handling- of the applications submitted to the
cmmittee for
consideration."
Approved.
Letter to 1..r.
Irland kch. Beckman, Deputy Secretary of
4.41zixi,
Commonwealth of Pennsylvania, Uarrisburg, Pennsylvania,
reading as
follows:
"This refers
to your letter of October 27, 1934, on beSecretary of bankirg of the Commonwealth of
te
orTsYlvania regarding the
right of the Federal Reserve Board
e_i,
peleant Permission to
a national bank located in the State
ca,
- ?
;
!
Ilania to exercise
powers where the coon
fiduciarycommon
0d1 of such
41 L stook
bank
is
less
than
the common capital
411;
7
3 4 required
of State institutions with fiduciary powers
plu the surPlus of such national bank is less than thesurs
butill:equired
for the organization of such State
institutions,
Plus%:
'
1 e tho aggregate amount of the capital stock and surPrefe — such national
bank, including both its common and
capZed stock, is at least equal to the aggregate amount
of
Stat -- stcck and surplus
required for the organization of
"institutions with fiduciary powers.
izebs ttetion 11(
,k) of
Of the Federal Reserve Act, which author-1
bariks -"" Pederal
Board to grant permission to national
powers, contains among other prothe
hi

ezercics,
'injassing upon applications for permission to
Pederal6 _0
powers enumerated in this subsection, the
OSe
Board 11121 take into consideration the
or 0
1 7 cr _canit
----oT-7
ana surplus
,e applying bank, whether
such capital
and surplus is oufficient under the
b0 Ser
of the case, the needs of the community to
seer,
ctrld any othei—facts and circumstances that
tiori a lt
proper, and may grant or refuse the applicacc°rdinElY: Provided, That no permit shall be




3722
-8-

au.

sued to
national banking association havina a capita
ncrsur..klus less than the ca.oital and surplus revired
1.
21aTtle
law of State banks, trust companies, and corporati ns
exercisin,- such powers.
lou will observe that under this provision, a national
having 'a capital and surplus' not less than the capital
surplus required of State institutions exercising fiducirY
rYNwors
serv
iseligible to receive permission from the Federal
e Board to exercise fiduciary powers provided, of
,°,111‘se, thit it
complies with the other requirements of law.
Lear d feels
that under the provisions of section 11(k)
qu
i„n1 above, it may properly grant fiduciary powers to a nat--'14'4 bank which
has at least the amount of capital stock required for
the organization of State institutions with fiduciN"rs,
rd surplus together vith an aggregate amount of capital stock
equal to the aggregate amount of capital stock and
an
,
Plus required of such State institutions provided that, in
.7ase3 the national bank shall have an
adequate amount of
pc,rt:Als
'in view of all the circumsLances involved in the
re ,
/-1.!
,:e lar ease, and that the condition of the bank in other
shall warrant the granting of the fiduciary powers
rvlIed for.
Penn "It has been noted that under the laws of the
State of
rente
!
'
Y vania a prescribed amount of 'common' capital stock is
fal
'
1:ed for the
organization of State institutions mith
the f
elarY Perviers. In -bilis connection, attention is
called to
1933 Itlet that section 303 of the Act of Congress of
Larch D,
term ,;48 Statutes at Large. 1) provides in part that
'the
tientlae°rnmon stock" as used in this
title means stock of naluider 4.rInkinS associations other than preferred stock issued
uced .'"0 Provisions of
this title. The term "capital" as
Provisions
of law relating to the capital of national
/nen s_c
associations shall mean the amount of unimpaired comIlliimpaci
)
,
,
e kA Plus the amount of preferred stock outstanding and
/Itiolia-,-;%O. In view
of this provision of law applicable to
44tientli rnks, the Board feels that, in determining whether a
fichl •
k is eligible to recei
L'allve
permission to exercise
Pederal V Powers
under the provisions of section 11(k) of the
Prefer;4serve Act,
both the common capital stock and the
ill cora ed capital
stock of the national bank may be included
Of I
Puting
T‘.
eaPitnit whether or not the bank has the required amount
theTu „: In this connection, it is the opinion of the
zerve
he
provision of section 11(k) of the Federal Ree4Pitale her°tofore quoted has reference to the amount of
eleLaz
e glaired and d
a
tocko
.es not have reference to any particular
()! ea-°it 1
'efe
or the
ref
erred toboard acted upon the applications of the
in your letter—Northwestern National Lank




k
37
)1
3
IC.ret

-9"in Ph
iladelphia, South Philadelphia 1,iatienal Lank of Philadelphia, and the Bethlehem
1,ational Bank--it obtained full
oozie.on with regard to the requirements of the laws of
of Pennsylvania for the organization of State institutions with fiduciary powers and, in view of the
considerations discussed
herein, reached the conclusion that it
Properly grant
those banks permission to exercise_fiduiarY Powers, and
no
further
action is required by the board
.L/1 order
that such banks may exercise the fiduciary powers
granted to
them. The Lord also knows of no reason why it
culd not
hereafter grant trust powers to other national
°Inks l
located in the State of Pennsylvania under similar cir:ustarlees provided, of course, that in any particular case
Qf the other
circumstances involved warrant the granting
th?.,fiduciary powers applied for.
Tihe Board
desires to cooperate to the fullest extent
Pcssible
With the state authorities in connection with
the
%,11tille; to national
banks permission to exercise fiduciary
and has given the
circumstances involved in the api°ns for fiduciary
powers of national barks located in
bei. utete of P
ennsylvania most careful consideration. It is
ca.o eved that
the views here set forth with respect to the
pe-l al and
surpl„ls required of national banks applying for
the si°n to exercise trust Powers are in accordance
with
c,Ild requ
irements of section 11(k) of the Federal Reserve
Act,
of t1111s° are in accord with the
substance of the requirements
orf7(111 -1"4178 of the tate of fennsylvania
applicable to the
Z„zration of State
institutions
with
trust
powers.
prior '11 co
nnectioi, with your inquiry it nay be noted that
the a,,
t
,?,the time when the Board had occasion
to consider
Of
cations of the
national banks located in the State
ce.se nsYlvania
referred to above, it considered, in the
stanc
'
el a
national bank located in another State, circumtiorialsbsimilar to
those involved in the cases of the naProper,arks located in
Pennsylvania and decided that it might
Zrant trust powers to a
national Lank in such circurnstnces
a.
eento t. liave
stated that your office has taken no action in
c lon
tn the
w°Ster
exercise of fiduciary powers by the Lort L atlonea
. " ,ional
Bank in Philadelphia, the South Philadelphia
Bkik, alad-L,Qai,
of
Philadelphia, and the Bethlehem National
Zic1.1r off, it is not
entirely clear to the Board what action
easec.COfels would be
necessary with reference to these
"Pre,s,sed°11,
1e-ver, you may be interested in
the following views
41IY 14, 10,,Y
k) the Federal Reserve Board in a letter of
Februer than'°°, a
ddressed to a national bank located in a State
rala sioll
the State
of Pennsylvania which had received per
exer
•
•
- else
fiduciary powers under the provis_ons

tf

n

thnt




3724
12/6/34
-10of section
11(k) of the Federal Reserve Act, with reference
tO
*ether it was required to obtain the permission of State
authorities before exercising such powers:
"Your letter of February 4th addressed to the Comptroller of the Currency with reference to the right of the
Bank of
, to act as administrator has
been
referred to the Federal Reserve Board for reply. In
1927, the
Federal Reserve Board granted permission to the
Bank to act as administrator and in certain
other fiduciary
capacities. It appears that this national
bank has now
entered a suit as administrator for a deceased coal miner and
that the right of the
Bank
to
aPpear as administrator in this suit has been
attacked
on the
ground that this national bank has never been
granted a permit by the State
of
to act as administrator. You inquire whether it is necessary for the
Bank to obtain permission from the State of
to act in this capacity.
"The right of a national bank to exercise trust
Powers is
derived from the laws of the United States and
et from,
„
the laws of any particular State. In Section
,-Lkk) of the
Federal Reserve Act, Congress has set out at
-.Ijngth the
circumstances and conditions under which a na,1°nal bank may
exercise trust powers. Congress, however,
,8 not
prescribed as one of such conditions that a na2°11a1 bank must
obtain the permission of the State in
ch it is
located
before it exercises fiduciary pomers.
Under
der these
circumstances I am clearly of the opinion that
is not
::er?ise necessary for a national bank which desires to
31•9t powers in accordance with the provisions cf
ctlon
-LAlci of the Federal Reserve Act to obtain the
Zmission of the State
in which it is located before it
toef,!ises these powers. The
basic reasons which lead up
''"is conclusion
together
with
citations of authorities
'Y ben briefly
summarized for your information as follows:
Court f it is well settled by the decisions of the Supreme
a
of the United States
that an act of Congress within
,,r!-Ield
covered by its canstitutional power fully approctes that
field and is the supreme law of the land
v. Ear land, 4 Vat. 316; Northern Pacific
ELLILZ v. North
Dakota, 250 U.S. 135; Smith v.
124 U.S. 465; and Mondu v.
N.Y. N.H. and H.R.C.
ceillnis!' 1.) It is also well settled that Congress has
natioe'e constitutional
power to establish and regulate
17aZ7
*
banks (McCulloch v. Maryland, supra; Osborne v.
4heat. 738; Davis v. Elmira Savings Bank, 161 U.S.
188 /3
2:a Bank V. Dearing, 91 U.S. 29; Easton v.
Iowa,
'S. 22O;11-27
Van Reed v. Peoples National bank, 198

/l

Z

4

U
Rzr1:111.19zia




3725

12/6/34

-11ut u ,
.b. 554).
he Supreme Court of tle United States,
after _eare'ullv
considerinr its decisions above ci-1,ed has
,
.urtner hold
that
the .ct of ,onuess rranting trust powers
to ITEilloT17
-banks Tsection 11(1) of the Federal Reserve
.14c f-I-S-TITJTional and cannot be nullified or conte-aahoritir TTI-rst Lational Lank v. 2eilol.s,
244 TZ".
,
116 and turns La -Clonal Bank v. Duncan, 265 U.S.
"'If it is assumed that it
is necessary for a national
bank to obtain
the permission of the State in which it is
located
before it exercises trust powers pursuant to the
.°17isiorls of Section 11(k) of the
lederal Reserve Act,
State could control or nullify
the right of national
/3TIks to exercise such powers
by refusing to grant itspersion or by 'r-anting its
permission upon such conditions
as it
samfit. The Supreme Court of the United
States,
h°wever, in the to cases
last above cited has held that
Et State
has no authority to do this.
I wish to
call your special attention to the case
liurns ilational Lank v.
Duncan, which is cited above.
'
40 Burns
National Bank of St. Joseph, Missouri, which had
received
permission from the Board to exercise trust powers,
appointed executor by a citizen of Missouri and
the
Llle death
after
of the testator, the bank
applied to the proper
1),,r?hate court for
letters testamentary, but was denied ap-Iltment on
the rround that by the laws of Missouri na11,°1-1111 banks were not
authorized to act as executors.
ruling of the
lower court was sustained by the
rcIlle
of Missouri, but upon appeal to the Supreme
lzrt of Court
th
e United States, the
State courts were reversed.
11;,...SUprene Court of
the
United
States held that the Burns
,,'10nal Bank
was entitled to act as executor, regardless
iether it mas
so authorized to act by the State of
. In so
holding the Supreme Court said:
* whatever may be the State
law, national banks
a j-Llig the permit
of the Federal Reserve Board may act
, eavexecutors if
li
trust companies competing with then
that power."
and
Hitt
* * the State can
not lay hold of its general contheir
trol °f administration to deprive national banks of
power to compete
that Congress is authorized to
slIstain.0
11,1n .
ia
ew of this
decision of the Supreme Court, it
power
electr that
a national bank desiring to exorcise
ths in
eccordance with the provisions of Section 11(k)
Of the Federal
Reserve it need not obtain the permission,
truspowe8.Sa
in which it is located before
exorcising such

1

T

c2

iLr

1)




3726
-12n'lhe right of national bar_ks to exercise trust powers
has also been considered by the
Supreme Court of the 'united
States and courts of the various Ltales in
a number of
Other cases. In the
decisions of these cases, the right
Of a national bank to exercise trust
powers has been discussed by the courts at
considerable length and I believe
thLt the following cases
would be of particular interest
and
assistance to you:
1'1rst Nat. Bank v. Fellows, 244 U.S.
416;
In
Stanchfield's Estate (his.) 178 N.W. 310;
In Re I,:ollineaux (1-..17.)- 179
1,.Y.S. 9;
liamilton et al. v. State (Conn.) 110 .41. 54;
TriGiSenter v. Aquidneck 1:at. Lank (R.I.) 125 Atl. 358;
-1-177j.717-ner's -Estato (Pa.) 120 AU. 701. 1
ne board does not know of any
reason why it should
/11E14 a
nY chanre in its
views
as
heretofore
expressed and
quoted above.
Approved.
Letter to Lr.
Stevens, Federal heserve Agent at the Federal
serve
Bank of
Chicago, reading as follows:
25 4 "This will
acknowledre receipt of your letter of October
T:c4.
(5
nEzdItlyiz call
to the Board's attention, for their ad1. A ,
, the question raised in a letter from
bchlick, a dealer in securities, of
Lilwaukee, Wisconsin.
Of 413Pe Ers from his
letter that Lr. Schlick is not a member
l'ational
securities
if Lr• Schlick is exchange.
a broker or dealer who transacts a a
tati-e
"in
securities through the medium of any member of
Cha e securities exchange, section 7 (c) of the Securities
sion
:
li
Act of 1934
makes his business subject to the provi1;2-cf R
egulation T of the Federal Reserve Board. If he
tioll°3
'
. sucha broker or
dealer (and is not a member of a na7
him.a Lls,ecurities
exchan]e), this regulation does not affect
11111-t 13
cr or not Lr.'
Schlick is such a broker or dealer
°
determined on the basis of a fuller knowledge of
the
: the case.
Schlick is subject to Regulation T, there is
the sal 1/1 the
regulation which requires that his plan for
diE corit? of
exempted securities on a partial payment plan be
cltriti_Illued. With
respect to registered, non-exempted sethere is
nothing
which requires that such plan be
Is lar,
2
1 111ed
provided that in every case the initial payment
° thari en°un, or
enough additional collateral is deposited,
Schlick d11 not be
extending credit in excess of

"41




3727
12/6/34
-13'
,Ile amount
that on mostpermitted under the regulation. It may be noted
high-grade registered bonds a customer would be
required at the present time to make an initial payment of
45 per cent.
In the case of a municipal bond or other exempted
security, the regulation does not set any minimum
Which the
broker or dealer must require as an initial payment.
For the information of the
Board, and for purposes of
:
tudY, we should
be glad to have you obtain from lir. Schlick,
fr from any others
carrying on the same type of business, any
bur,ther details
that
would throw light upon the distinctions
ween
this type of business and the business of dealing on
'uargin as this
term is commonly understood."
Approved.
There were
then presented the following applications for
eluillEes in
stock of a Federal
reserve bank:
4
lication for
ORIGINAL Stock:
Shares
he First
•
National BaJ in
Staunton,
Staunton,
Illinois
45
45
4
ication for
trict
SIMREZER of Stock:
-, or No.
aldron,
41dron,
Arkansas
12
12




Approved.

Thereupon the meeting adjourned.

Governor.