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295
Minutes of actions taken by the Board of Governors of the
Federal Reserve System on Tuesday, February 231 1954.

The Board

met in the Board Room at 10:00 a.m.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

Martin, Chairman
Szymczak
Evans
Mills
Robertson
Mr. Carpenter, Secretary
Mr. Sherman, Assistant Secretary
Mr. Thurston, Assistant to the Board
Mr. Vest, General Counsel
Mr. Allen, Director, Division of Personnel
Administration
Mr. Chase, Assistant General Counsel

Chairman Martin referred to tne comment he made at the time
he appeared before the Joint Committee on the Economic Report on
February 3, 1954, when, in response to a statement by Representative
Patman, he volunteered the opinion that the Federal Reserve Bank of
visit that Bank.
New York would be glad to have Representative Patman
York Bank, had noted
He stated that Mr. Sproul, President of the New
ative Patman inviting
this comment and had written a letter to Represent
there was a meeting of
him to visit the Bank, preferably on a day when
the board of directors. Chairman Martin read the letter and added the
e
comment that it had been written entirely on Mr. Sproulls initiativ
in response to
although he (Chairman Martin) had informed Mr. Sproul
his question that he had no objection to such a letter.
Before this meeting there had been sent to the members of the
Board a draft of letter to Mr. Brawner, Chairman of the Federal Reserve




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Bank of San Francisco, prepared in response to his letter of February 17, 19,and Mr. Earhartis letter of February 9, 1954, respecting
the question of participation by Bank of America National Trust and
Savings Association in the election of directors of the Federal Reserve
Bank of San Francisco.

The draft letter took the position that Bank of

America National Trust and Savings Association be advised that, on the
basis of its assurance that it is not affiliated with Transamerica Corporation, neither the San Francisco Bank nor the Board of Governors
would object to participation by Bank of America in the election of
Federal Reserve Bank directors.

The letter also stated that such a

disposition of the matter did not constitute a determination as to the
actual relationships between the two institutions and would not prevent
such a determination from being made at any time on the basis of a full
and complete inquiry and without regard to such disposition, if that
should seem appropriate at some other time or in some other connection.
Governor Wils questioned the desirability of including in the
letter the latter statement indicating that the actual relationships
between the two institutions had not been determined and that the proposed letter mould not prevent such a determination at a future time.
His reason for questioning this statement, he said, was that in his judgment there was nothing of a positive character to indicate that an affiliation now existed between Transamerica Corporation and Bank of America
N.T. & S.A., and that if the Board was not going to object to participation




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by the bank in the election of directors it would be preferable to
refrain from including any statement in the proposed letter to Mr.
Brawner which, when transmitted to Bank of America, might indicate
a grudging acceptance of such participation.
Governor Robertson stated that while he did not think it important to indicate that the Board reserved the right to make a determination at a future time in this matter, he did feel it desirable to
indicate to the bank that the Board had not made a full scale investigation which had determined in a positive manner that there was not
an affiliation between Transamerica Corporation and Bank of America.
g the stateIt was his view, rather, that the Board was simply acceptin
ment by the Bank of America that there was not an affiliation and was
raising no objection to participation in the election.
During a discussion of suggested changes in the letter, Chairman Martin mentioned that Mr. Brawner would be in Washington on Thursday, February 25, and he suggested that in line with Mr. Brawner's suggestion in his letter of February 17, the matter be discussed with him
at the time.
This suggestion was approved
unanimously.
Before this meeting there had been circulated among the members
with respect to the
of the Board a memorandum dated February 3, 1954,
employee security program of the Board of Governors in which it was




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recommended that 66 positions be designated by the Board as 'sensitive",
which would mean that full field investigations would have to be conducted for each individual occupying one of these positions at a total
cost to the Board of approximately $15,000.
d the security
At Chairman Martin's request, Mr. Allen reviewe
on security matters
program and the reasons why the staff group working
to designate the
had come to the conclusion that it mould be desirable

66 positions as sensitive. He noted that of these positions, 42 were in
in all of the remainthe Division of International Finance and 24 were
there was some difing positions of the Board. Mr. Allen stated that
whether as many
ference of opinion within the staff group concerning
Finance (total of poas 42 positions in the Division of International
sitions in that Division was

45) need

be designated as sensitive. He

classified by other
also said, however, that considerable material
n of International FiGovernment agencies was received in the Divisio
discussions with representatives
nance over a period of time, and after
of such material might
of the Division as to whether the distribution
the expressed desire of
be limited to fewer persons, it was felt that
ted as sensitive should
that Division to have all 42 positions designa
involved was that members
be transmitted to the Board. A further point
field investigation could not
of the Division who were not given a full
security matters were discussed. Mr.
participate in conferences at which
Allen added the comment that on the basis of information obtained it




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appeared that several other Government agencies were following a procedure similar to that requested by the Division of International Finance and he mentioned specifically the Department of State, in which
all positions have been classified as sensitive, and the Office of
International Finance of the Treasury Department, in which all positions have been considered to be sensitive.
There followed a general discussion of the security program
and its applicability to the Board of Governors and of the recommendation included in the memorandum regarding proposed sensitive positions.
At the conclusion of the discussion, the recommendation Contained in the memorandum was approved
unanimously, it being understood that
no provision had been made in the 1954
budget for such an expenditure.
Messrs. Thurston, Vest, and Allen withdrew from the meeting at
this point and Mr. Hackley, Assistant General Counsel, entered the
room.
Governor Robertson stated that a question had been raised informally with Mr. Hackley by the Federal Deposit Insurance Corporation
regarding whether a payment of interest resulted where a bank mails a
savings deposit passbook to a prospective depositor showing an initial
credit of $1 with a statement that this amount would be in the nature
of a present if an account of at least $10 is opened within a certain
time by the depositor. He want on to say that he considered the




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practice undesirable but that it was extremely difficult to distinguish between the credit of $1 for opening a new savings account
and the giving of a mallet, mechanical pencil, or other item of
nominal value which, under earlier rulings of both the Federal Deposit
Insurance Corporation and the Board of Governors, was not looked upon
as a payment of interest.
At Governor Robertson's request, Mr. Hackley reviewed the
question presented along the lines of a memorandum which he had prepared under date of February 232 1954. Mr. Hackley stated that the
practice of giving such a credit of $1 apparently had been adopted by
the East River Savings Bank of New York, a nonmember mutual savings
bank. No question had been raised as to that bank because the interest
regulations of the Federal Deposit Insurance Corporation do not apply
to insured mutual savings banks. However, a nonmember insured commercial bank had raised the question with the Federal Deposit Insurance
Corporation and Mr. Oppegard, an attorney for that agency, had discussed
the question with Mr. Hackley by telephone.
Mr. Hackley went on to say that a similar question had been raised
informally by Mr. O'Kane, General Counsel for the Federal Reserve Bank of
San Francisco, on February 162 1954, regarding a State member bank in
Utah, and that on February 18 Mr. O'Kane indicated over the telephone
that he was inclined to feel that such a credit would represent a payment of interest and had in mind attempting to discourage the proposed




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practice on the part of the member bank in Utah.
There followed a discussion of this matter during which it appeared to be the consensus that the practice of crediting an amount for
the opening of a new savings deposit was objectionable.

The view was

expressed, however, that it was difficult to draw a line between such a
credit and giving of items of nominal value, which had been held to be
an advertising cost. It was stated that the legal question was a close
one and that a question of policy might also be involved. It was also
stated that if the Board were to consider such a credit to be a payment
of interest and thus a violation of Regulation Q, Payment of Interest
on Deposits, that mould place member banks to some extent at a competitive disadvantage with nonmember banks if the Federal Deposit Insurance
Corporation were, as was now contemplated, to indicate that it would not
construe such a credit to be a payment of interest.
During the discussion of the legislative history of the prohibition against payment of interest on demand deposits and the authority for
limiting the payment of interest on time deposits, Chairman Martin expressed the view that if the practice was clearly objectionable it would
seem appropriate for the Board to oppose its spread, especially since
the Legal Division felt it was a close question as to whether such a
credit would in fact represent a payment of interest.
With respect to the question raised by the member bank in Utah,
Mr. Hackley stated that he was not sure whether the question would come




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to the Board and Chairman Martin suggested that if the question did
arise it would be appropriate and desirable for the Board to indicate
that it did not approve the practice even though it was not passing
upon the legal aspects of the question whether it represented a pay—
ment of interest.
It was agreed unanimously that Mr.
Hackley should talk with Mr. Oppegard and
inform him that the Board had discussed
the matter and had indicated a feeling that
the practice should be discouraged but had
taken no position as to whether a credit of
the type proposed would violate Regulation
with
Q, this being a question which, in line
decided
be
the Board's general policy, would
only if it should be presented in a specific
case with information as to all the circum—
stances of the particular case. It was under—
stood that Mr. Hackley also would communicate
with the Federal Reserve Bank of San Francisco
and inform that Bank of these views.
The meeting then adjourned. During the day the following addi—
tional actions were taken by the Board with all of the members except
Governor Vardaman present:
Minutes of actions taken by the Board of Governors of the Fed—
eral Reserve System on February 18, 1954, were approved unanimously.
Minutes of actions taken by the Board of Governors of the Fed—
eral Reserve System on February 19, 1954, were approved and the actions
recorded therein were ratified unanimously.
Telegram to Mr. Stetzelberger, Vice President, Federal Reserve
Bank of Cleveland, reading as follows:
Reurlet February 18, 1954, Board approves designa—
tion of Clarence L. Martin as a special assistant examiner




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for the Federal Reserve Bank of Cleveland. Board also approves designation of Leo G. Hafford and R. H. Pollock
as special assistant examiners for the specific purpose
of rendering assistance in the examination of The Cleveland Trust Company.




Approved unanimously.