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Minutes for February 13, 1959 To: Members of the Board From: Office of the Secretary Attached is a copy of the minutes of the Board of Governors of the Federal Reserve System on the above date. It is not proposed to include a statement with respect to any of the entries in this set of minutes in the record of policy actions required to be maintained pursuant to section 10 of the Federal Reserve Act. Should you have any question with regard to the minutes, it vill be appreciated if you will advise the Secretary's Office. Otherwise, if you were present at the meeting, please initial in column A below to indicate that you approve the minutes. If you were not present, please initial in column B below to indicate that you have seen the minutes. A Ohm. Martin Gov. Szymczak Gov. Mills Gov. Robertson Gov. Balderston Gov. Shepardson Minutes of the Board of Governors of the Federal Reserve System on Friday, February 13, 1959. PRESENT: Mr. Mr. Mr. Mr. Mr. Mr. The Board met in the Board Room at 10:00 a.m. Martin, Chairman 1/ Balderston, Vice Chairman Szymczak Mills Robertson Shepardson Mr. Sherman, Secretary Mr. Kenyon, Assistant Secretary Mr. Thomas, Economic Adviser to the Board Mr. Hackley, General Counsel Mr. Molony, Special Assistant to the Board Mr. Noyes, Adviser, Division of Research and Statistics Mr. Solomon, Assistant General Counsel Mr. Hexter, Assistant General Counsel Mr. Hostrup, Assistant Director, Division of Examinations Mr. Nelson, Assistant Director, Division of Examinations Mr. Hill, Assistant to the Secretary Mr. Brill, Chief, Capital Markets Section, Division of Research and Statistics Discount rates. Unanimous approval was given to the establishment without change by the Federal Reserve Banks of Richmond, St. Louis, MinneaPolis, Kansas City, and Dallas on February 12, 1959, of the rates discounts and advances in their existing schedules. Items circulated to the Board. The following items, which had been circulated to the Board and copies of which are attached to these minutes under the respective item numbers indicated, were approved Unanimously: Eflt5red meeting at point indicated in minutes. (;99 2/13/59 -2Item No. Letter to the Millburn-Short Hills Bank, Millburn, New Jersey, granting an extension of time within *itch to accomplish membership in the Federal Reserve System. For transmittal through the Federal Reserve Bank of New York) 1 Letter to the Federal Reserve Bank of San Francisco requesting additional information with regard to the aPPlication of First Security Corporation, Salt Lake City, Utah, for a prior tax certification. 2 Letter to the Senate Committee on Banking and Currency Concerning S. 131, a bill to amend section 2(h) of the Bank Holding Company Act of 1956. (With a copy to the Bureau of the Budget) 3 Messrs. Hostrup and Nelson then withdrew from the meeting. Withdrawal and substitution rules. Discussion of the withdrawal "d substitution rules under the Board's margin regulations at the Meeting on January 13, 1959, concluded with the understanding that the matter would be considered again after the December figures on stock market credit became available. In the light of those figures, which Showed a further increase in credit, there had been distributed to the Board, with a covering memorandum from Mr. Young dated February 121 1959, Bummary of recent developments in the stock market and a listing of reas°11s that might be given for and against modification of the present withdrayal and substitution rules. Following comments by Mr. Brill based on the information contained in the memorandum on stock market developments, there was a general disellsaion of the recent trend of stock market credit and the effect of * 2/13/59 -3- the two increases in margin requirements made by the Board last fall. There was also discussion of the impact of stricter withdrawal and sub stitution rules on brokerage house operatiom, as well as the possible effect of a tightening of the rules on the course of the market under various circumstances. Governor Mills raised the question whether a tightening of the ith-rawal and substitution rules might not do more to damage legitimate trading in the stock market than to prevent an excessive use of credit. The effect, he suggested, might be to drive stock market credit underwhere it could not be reached. Governor Robertson agreed that immediate tightening of the 'withdrawal and substitution rules to a parity with the current margin requirements would have too harsh an effect. It was his view, however, that m start should be made toward closer alignment so that eventually the zargin requirements and the withdrawal and substitution rules could be , Pa-aced on a comparable basis. While he was not sure how much tightening °r the rules would be appropriate at the present time, he was impressed by the arguments in favor of some change. Governor Shepardson directed a number of technical questions to the staff regarding the withdrawal and substitution rules and related 414tters, following which he stated that he found it difficult to determine %that Should be done in this area. While he was concerned about the 1)1"/ he did not at this time have a solution. 2/13/59 -4At this point Chairman Martin joined the meeting and Governor Balderston summarized for him the discussion thus far. At the Boardts request, Mr. Solomon reviewed the nature of Changes that might be made in the withdrawal and substitution rules to implement the suggestion of Governor Robertson. There followed further comments by the staff with respect to the o peration of the withdrawal and substitution rules, after which cons ideration was given to the problem of unregulated lenders and the reas01111 why the Board thus far had concluded not to extend the margin re gUlations to cover them. Governor Balderston observed that the volume of reported stock niarket credit had increased less rapidly in recent months, which might l'ericct the margin requirement te all "negative carry". increases along with a factor he referred It was understandable, he said, that a certain 11111°11nt of credit was needed simply to lubricate the market. However, the existence of underground sources of credit left an implication that the Board was not pursuing its regulatory job properly. He felt that Reg ulation U offered a possibility for diminishing the flow of credit to the _8e sources and that it would be appropriate to consider tightening the Pr°visions of that regulation, even if the success achieved thereby vas , 0-11-1-3, moderate. V -;• 2/13/59 -5At Governor Balderstonts request, Mr. Solomon then reviewed steps that might be taken to tighten the provisions of Regulation U, as outlined in a memorandum from him to the Board dated November 4, 1958. Chairman Martin expressed the opinion that all of the possibilities tentioned at this meeting should be studied carefully in order to see what they would involve. If the point had been reached where the Board considered various actions necessary, he felt that those steps should be taken without regard to the effect on relationships between the Board and the stock market community. He doubted, however, that the Board should try to change the character of the stock market under the guise Of r egulating credit. As he saw it, the crux of the problem was that PeoPle currently had an aversion to fixed-income securities and preferred t° Place their savings in common stocks, and he questioned how much ccalld be done by regulation. Furthermore, he would be reluctant to inake operations more difficult for those endeavoring to abide by the 1/1'escribed regulations because that might simply encourage the fringe eleillents that try to evade the regulations. Nothing in the history f the pertinent legislation indicated any intent to eliminate credit rr(341 the stock market entirely, he pointed out, and the amount of stock tarket credit was modest compared with that used in other segments of the economy. The volume had not increased substantially since the margin IseclUirements were increased to 90 per cent and some ammunition should be held in reserve for use in the event of a further bulge in stock market Retivit 2/13/59 -6In a concluding comment, the Chairman indicated that he would favor a fixed pattern of withdrawa l and substitution rules. Governor Robertson agreed and said that he would have the same feeling with respect to margin requirements. He suggested, however, that any move in the direction of aligning the withdrawal and substitution rules with the margin requirements would be more feasible in a period of UPsving than at another time. Governor Szymczak referred to the difficulties involved in administering selective credit controls, especially where the applicable statutes were vague. As to moves that might be made currently, he suggested the possibility of working in the direction of tightening the nlargin regulations from the standpoint of their applicability to bank lenders and expressed the view that a moderate tightening of the withcire148.1 and substitution rules would permit the Board to gain some exPerience. The real problem, he said, was to try to work out something that "would be both workable and understandable. The discussion concluded with the request that Mr. Solomon prepare for the Boardts consideration a memorandum describing steps that might be taken to carry into effect actions along the lines that had been sUggested at this meeting. All of the members of the staff except Messrs. Sherman Ti then withdrew from the meeting. and 2/13/59 -7Subpoena served on Agent's representative. Reference was made to a telephone call received today by Mr. Solomon from Mr. Victor Pregeant of the Federal Reserve Bank of Richmond regarding a subpoena 1.11a2s. tecura served upon Mr. T. W. Bagby, Federal Reserve Agent's Representative at the Charlotte Branch, to appear on February 161 1959, in the United States District Court for the Western District of South Car°1ina, at Greenville, South Carolina, in the case of the United States vs. .22.IPSILyoadus J p . Crawley to produce records relating to the issuance, Shipment, and serial numbers of certain currency. It was understood that the information requested was contained in the records of the office f the Federal Reserve Agent and was desired by the Court in connection 'with a prosecution for robbery. The Secretary was authorized to send a telegram to Mr. Decker, ?ederal Reserve Agent at the Richmond Bank, with a copy to President Leach/ advising that the Board, pursuant to section 9 of its Rules of genization, authorized Mr. Bagby to appear and produce the information r"Nested and testify in connection therewith. §:_tliEly_pf Government securities market. Governor Mills said he had a matter he would like to bring up and that he hoped these comments l'°111c-i be relayed to Mr. Young. He referred to the outline that had been 131sePared by the Division of Research with respect to the proposed TreEte, ' 11/7—Federal Reserve probe of the Government securities market. Re Su ggested that thought be given over the week end to that outline I,- -8- 2/ 13/59 and to the scope of the study that was indicated. The study program ss presented would go beyond the original thinking of the Board, which 'was to be a crash program that would produce the facts on the speculative ings and the collapse in prices of Government securities in the spring " and summer of 1958 and on the basis of these facts to provide a better linderstanding that would help answer questions that might be directed to the Chairman and to the System about the Government securities market. The study that the Research Division now had in mind would be a fullStudy of the character of the Ad Hoc Subcommittee study in 1952, vhich 'would go over a period of perhaps six months and would be divided tvo sections: one factual and the other having to do with a research , stud Y that would delve into the structure of the Government securities illal‘kst and come up with positive recommendations on improvements that Might be made which the Board could recommend to the Congress. Governor Mills said that the problems that occurred to him in sUch an extensive study were likewise ones that would have to do with each of these divisions of thinking. sentiment To get the facts, there was the in the Research Division that hearings would be held and that different financial groups would be invited to attend. It vas also e°11temPlated--and this he would think would be proper--that questionnaires 14°111d be transmitted to financial concerns and others to elicit individual eisessions concerning the nature of the market. However, if hearings ( 2/13/59 -9- were held there might be a different climate than that which existed at the time of the Ad Hoc Subcommittee hearings which was a purely research study on the structure and operation of the Government securities market. A hearing held under the conditions that now exist would be almost equivalent to an adversary proceeding. (Both the Federal Reserve and the Treasury had indicated criticism and the Treasury was coupled *with the proposed study.) This would be almost like a Grand Jury investigation, Governor Mills suggested, which would be the sort of thing he felt should be stayed away from. 4 The approach should be on friendly basis with consultations, if possible, in the offices of the firms interviewed in order to get what help could be gotten informally °11 the basis of the judgments and experiences of individuals closely Identified with market practices. Governor Mills said he also had the feeling that a full-blown l'eseerch study that came up with recommendations for legislation might be vl-e-empting the authority of the Congress to hold hearings and to drav out the same kind of information that this study would be seeking. As to the personnel problem, Governor Mills understood that in "Pending the scope of the proposed study to the one now tentatively in m4 said there were three study groups contemplated, each having three Illeinbera including a chairman. Each would develop a report in a particular rield °- inquiry. His feeling would be that if a research study of any 20/13/59 -10- extent were undertaken it might be preferable for one man to go into each of the questions and to prepare his paper which would then be submitted to others for critical examination. The other procedure ‘lould involve much greater use of time in making the study. Governor 14111e concluded his comments by saying that these were his reactions to the outline which led him to feel that it would be desirable to give thought to the subject and to have a discussion of the matter Promptly. Chairman Martin suggested that the members of the Board think bout this suggestion over the week end. The meeting then adjourned. 5 Secretary's Note: Pursuant to the recommendation contained in a memorandum dated February 12, 1959, from Mr. Young, Director, Division of Research and Statistics, Governor Shepardson today approved on behalf of the Board the appointment of James W. Ford as Economist in that Division, with basic annual salary at the rate of $12,0751 effective the date he assumes his duties. Sec e (4 ,, 1 f3:7:4 BOARD OF GOVERNORS OF THE Item No. 1 FEDERAL RESERVE SYSTEM 2/13/59 WASHINGTON 25. D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE SOAR° February 13, 1959. Board of Directors, Hillburn-Short Hills Bank, Millburn, New Jersey. Gentlemen: d through the In accordance with a request submitte Governors exFederal Bank of New York, the Board of -Short tends to May 25, 1959, the time within which Millburn to Hills Bank, Millburn, New Jersey, may accomplish admission the in 172embership in the Federal Reserve System, as outlined Idoardis letter of November 25, 1958. Very truly yours, (Signed) Kenneth A. Kenyon Kenneth A. Kenyon, Assistant Secretary. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON 25, D. C. Item No. 2 2/13/59 ADDRESS OFFICIAL COFRESPONDENCE TO THE BOARD February 13, 1959. tll's E. R. Millard, Vice President, ',ederal Reserve Bank of San Francisco, oan Francisco 20, California. °ear Mr. Millard: certification .„ This refers to the application for a prior tax 1ied by First Security Corporation ("First"), Salt Lake City, After further analysis of the application dated September 4, 1958 ,1, and the supplemental information furnished with your letter respect to uecer mbe 9, 1958, there remain ceftain questions with Which additional as follows: desired are information clarification and 4 1. Western Investment Company. The stock of Western is ?wiled by the proposed new holding company ("corporation"). In the r, west-rlginal application, First stated that after the distribution c,_ ern would be engaged solely in liquidating assets acquired from JrPoration and from Corporation's subsidiaries. The Board's letter O ctober 9, 1958, included the following sentence: to be "As certain assets of Western have been held for some years and it would appear from First's annual report for 1957 that the Inaior portion, if not all, of Western's notes receivables Probably were not acquired from First or its subsidiary banks, is deemed necessary to have First substantiate its statement that Western 'will be engaged solely in the business of liquida,ng assets acquired from the New Holding Corporation, of which will be a subsidiary and from the subsidiary banks of the New Holding Corporation." Pi rstts Bette letter of OcLober 31, 1958, quoted only that portion of the lencing with the words "it is deemed necessary," and went Z4011 :ZaZin "We are of opinion that assets of Western Investment Corp:?, which consist of property acquired by it from First Security tor t ation or from subsidiary banks of First Security Corporation eve,"e Purpose of liquidation, may be retained by it for such purpose whi;hafter divestiture. All the assets of Western Investment Company kct wicli° not qualify under the exception of Section 4(c)(1) of the 4 be disposed of by Western Investment Company prior to qv' estiture.fl SOARD Mr. E. R. Millard OF GOVERNORS OF T1-4E FEDERAL RESERVE SYSTEM -2 From First's annual reports to the Board, it is noted that some of the securities owned by Western at December 31, 1957, were la)Pparent4 held at or prior to December 31, 1948, and others have _ een acquired since 1948. At the end of 1957, Western also owned mbership5 in several clubs and held notes, accounts, and real-estate ntracts receivable, aggregating )107,800. 7 Under the provisions of section 1101(c)(3), First can distri bute to property which, under section 1101(b)(1) it t' could distribute directly to its shareholders...., and other property (except prohibited property)." The property which could be so distribunder section 1101(b)(1) is stock of controlled banks or bank hor tv, ding companies. Therefore, in order for the Board to certify that e4e exchange and distribution of Western's shares is "appropriate to w;.114ctuate the policies" of the Act, it is necessary to ascertain the the category of "other her ( stock of Western falls within ProPerty ft except prohibited property) . In other words, in order for the Board to certify that the dietrIN -1-ution of Western's shares is "appropriate," the Board must be 1 11F . :tee'. that Western's shares do not constitute prohibited property. provisions of section 4(c)(1), this means that Western must co_engaged solely in liquidating assets acquired from First or (1:oration and the subsidiary banks. In this connection, it is liZisable that First be requested to furnish the following inforZ As to the assets (other than cash) of Western as of December 31, 1958: For each security, show the information required by Schedule A of Form FR-Y6. For each note, account, and contract receivable, show the information required by Schedule B of Form FR-Y6. Furnish a description of each other asset. For each asset under (a), (b), and (c) immediately above, show: (1) The date acquired; From whom acquired; Whether such asset will be retained by Western uoArzo Mr. E. R. Hillard RESERVE SYSTEM OF GOVERNORS OF THE FEDERAL 3 or disposed of and, if the asset is to be disposed of, will such asset be held by Corporation or First Security Company; and (4) For each asset to be retained by Western which has been held more than two years, a statement as to the reasons for not having liquidated such asset. . A statement as to whether Western will engage in any lend2 ing operations whatsoever. 2. First Security Company. From the December 31, 1957, annual report of First, it is noted that First Security Company had 1 1es and accounts receivable aggregating $101,000. Approximately 2 ,% were from stockholders, directors, or officer3, and $79,000 4 a receivable from others. From the September 30, 1956, report of Xamination of First, it appears that some of these loans were made in ;oinnection with the acquisition of qualifying shares by directors of 1 st18 be i' subsidiary banks. The making of such loans would appear to the services for subsidiary banks. However, it 8 category of performing the questionable whether the other loans are in that category, and those bas:!f°re, First should be asked whether any loans other than Security First of assets as "on qualifying shares will remain com to„PanY at the time that company is acquired by Corporation. If so, each such loan, furnish the same information as required for t desternl in -LOD) and 1(d) above. 3. In order to eliminate any possible question as to the etat" the *' of the shares of Idaho Investment Company in connection with tio Prohibitions of section 4, First should furnish definite informato whether Idaho Investment Company will be liquidated prior to the distribution of shares of First Security Bank, Rock Springs, L or ' poration. Very truly yours, (Signed) Kenneth A. Kenyon Kenneth A. Kenyon, Assistant Secretary. r,1 "2 BOARD OF GOVERNORS OF THE Item No. 3 2/13/59 FEDERAL RESERVE SYSTEM WASHINGTON OFFICE OF THE CHAIRMAN February 13, 1959. The Honorable A. Willis Robertson, Chairman, Committee on Banking and Currency, United States Senate, Washington 25, D. C. Dear Mr. Chairman: A letter of January 15, 1959, requested a report on s 131, a bill to amend section 2(h) of the Bank Holding Company Act of 1956. Section 2(h) contains an exemption from the Act for "any corporation or community chest, fund, or foundation, organZed and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation." 131 would amend section 2(b) so as to also exempt from the n 4ct any corporation all of whose stock is owned by an organizatio of all and Act the of provision ,_temPt under the above-quoted ) ! "nose net income is turned over to such an exempt organization. The Board's views concerning the exemption were stated Ln R ecommendation 9 in the Board's report of May 7, 1958, to pursuant to section 5 of the Bank Holding Company Act. For convenient reference, there is enclosed a copy of this ;or ecommendation, which suggested the complete elimination of the exemption If Recommendation 9 were not adopted, the Board believes that in the alternative certain modifications of the would be desirable, including its possible broadening along 1-ong the lines contemplated by S. 131. ' Act However, instead of piecemeal amendments to the be would it that believes such as proposed by S. 131, the Board on whole a as Act the Preferable for consideration to be given '/,1? basis of the Board's report to Congress of May 7, 1958, to Which was appended as Exhibit A a draft bill incorporating the °ard's recommendations for changes in the Act. As indicated 64g The o orab e A. Millis Robertson 4 .411 IV letter of January 19, 1959, to the Committee the Board hopes that its report and recommendations will be considered by your Committee during this session of Congress. Sincerely yours, 4cios