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542
A meeting of the Federal Reserve Board was held in Washington
on Wednesday, February 27, 1935, at 2:40 p. m.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

Eccles, Governor
Hamlin
Miller
James
Szymczak
O'Connor

Mr.
Mr.
Mr.
Mr.
Mr.

Morrill, Secretary
Bethea, Assistant Secretary
Carpenter, Assistant Secretary
Clayton Assistant to the Governor
Wyatt, General Counsel

Governor Eccles reported briefly on his recent visit to Boston
and New York, and his discussions while there with officers and directors
of the Federal Reserve Banks of Boston and New York and other bankers
with regard particularly to the proposed Banking Act of 1935.
He stated that on the morning of February 20, upon his return
to Washington, he received a telephone call from Mr. Walter W. Smith,
President of the Federal Advisory Council, requesting that he meet
with the Council at 9 o'clock; that in response to the request he discussed with the Council the proposed Banking Act of 1935; and that
f°11°wing the discussion the Council decided not to submit any recomIlleadations to the Board, but to appoint a committee to make a further
study and report on the bill.

Mr. Morrill stated that he had been ad-

tSed by
Mr. Walter Lichtenstein, Secretary, that the committee referred
to bY Governor Eccles consists of Messrs. James H. Perkins, Howard A.
Loeb,

and Thomas M. Steele, members of the Federal Advisory Council

frc3r11 the Second, Third and First Federal reserve districts, with
Pre
s..dent Smith and Mr. Lichtenstein as ex-officio members, and that




543

a

2/27/35

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the committee plans to meet in New York on the morning of March 4.
Governor Eccles also said that a meeting of the Executive
Council of the American Bankers Association is to be held at Pass
Christian, Mississippi, on March 1 and 2 for the purpose of considering the proposed Banking Act of 1935, and that he had been strongly
urged by Mr. Rudolph Hecht, President of the American Bankers Association, to be present. He said that in view of the importance of the
meeting he felt it would be desirable for him to be in attendance and
that he planned to leave on Friday morning by airplane and return on
Monday morning so as to be in Washington on that day in the event he
18 Called

to appear at hearingsbefore the House Banking and Currency

Committee on the banking bill.
Governor Eccles reported that he had worked with members of
theataff on the preparation of a memorandum presenting, in as much
detail as possible in the circumstances, the arguments for and against
the proposed Banking Act of 1935 and that copies would be sent to the
Members of the Board. There followed a discussion of the banking bill,
Pelticular consideration being given to section 205 which provides for
the creation of a new Federal Open Market Committee. Governor Eccles
8tated that in the memorandum above referred to he is suggesting that
complete authority over open market operations be vested in the Federal
Res
erve Board and that an advisory committee be created consisting of
rive governors of Federal reserve banks, to be selected by the governors
Of all Federal reserve banks, which would have authority to submit to the




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-3-

Board from time to time its views and recommendations regarding open
market policy, reserve requirements, and discount rates.

He said that

under this suggestion the Board would be under no obligation to approve
the recommendations of the committee but would be required to consider
them and also to get the recommendation of the committee before taking
final action with regard to open market matters or changes in reserve
requirements or discount rates in any case in which the Board might
desire to initiate action. He said that at the time the proposed
Banking Act of 1935 was drafted he had proposed such a change but that
his suggestion was not adopted.
Mr. Szymczak stated that Deputy Governor Rounds of the Federal
Reserve Bank of New York had called him on the telephone yesterday and
he'd stated that there is under consideration by the New York bank an
aPPlication for an industrial loan to the Hudson Motor Car Company,
1)etroit, Michigan, and that consideration is being given by the Federal
Reserve Bank of New York to an advance of $3,000,000 with the understanding that the Federal Reserve Bank of Chicago will advance
t1,200,000 and
Kuhn, Loeb & Company, New York, New York, $1,800,000.
Re said that Mr. Pounds had stated that it is contemplated that under
the Proposed arrangement between the Hudson Motor Car Company and
lihn, Loeb & Company, the former will turn over to Kuhn, Loeb & Company
20
'
000 shares of Hudson Motor Car Company no-par stock as compensation
(11' hcnus for the company's services in connection with the loan. Mr.
Szv,„
'
czak stated that he had talked with Governor Schaller of the Fed-




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-4-

eral Reserve Bank of Chicago about the matter and that he confirmed
Mr. Rounds' statement as to the arrangement between the borrower and
Kuhn, Loeb & Company.

He said that he was bringing the matter to the

attention of the Board for consideration of what, if any, action should
be taken by it in the circumstances.
Mr. James stated that if the advances are to be made to the
Hudson Motor Car Company under an arrangement providing for the delivery
of stock to Kuhn, Loeb & Company as a bonus or special compensation for
their services in connection with the advances, he would object to the
Pederal reserve banks making or participating in such
advances.

Mr.

Miller expressed agreement with Mr. James' statement and said he felt
that advances by the Federal reserve banks in the circumstances stated
'0111d amount to a perversion of the law providing for industrial loans
by Pederal reserve banks and an extension of the industrial loan
"tivity

o fields which are not contemplated by the law.

During the discussion which followed it was pointed out that
14Ider the provisions of the first paragraph of section 13b of the FedReserve Act any direct advance by a Federal reserve bank to the
H/Idson Motor Car Company could only be made pursuant to the general
P"Iission granted by the Federal Reserve Board to the Federal reserve
bAhl.
to make such loans and that such permission could be withdrawn.
At the conclusion of the discussion, the
Secretary was recuested to call Deputy Governor
Rounds on the telephone and advise him that the
Board desires that full information be transmitted to it with regard to the proposed advances
and that action on the matter by the Federal




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2/27/35

-5Reserve Banks of New York and Chicago be
deferred pending further consideration by
the Federal Reserve Board.
Mr. Szymczak stated that he understood the Hudson Motor Car

Company is in need of the proceeds of the contemplated advances and
that the Federal reserve banks may desire to take action quickly.

It

was pointed out that it would be possible for the Board to hold a
meeting tomorrow or Friday for further consideration of the matter
Upon receipt of advice from the Federal Reserve Banks of New York and
Chicago.
Mr. Morrill left the meeting and upon his return stated that
Mr. Pounds had advised him that at a meeting of the directors of the
Pederal Reserve Bank of Nev.' York on Monday consideration had been given
to the proposed advances to the Hudson Motor Car Company; that the
question as to the allowance or bonus of shares of stock to Kuhn, Loeb
e°mPany had been discussed; and that action had been deferred on the
Matter pending the receipt of further information.

Mr. Morrill out-

lined the circumstances related to him by Mr. Rounds with regard to the
Ilegotiations which had given rise to the applications at the Federal
Res
erve Banks of New York and Chicago and stated that Mr. Rounds had said
that
at the discussion
of the matter on Monday some of the directors raised
4

question as to the advisability of the Federal reserve bank partici-

P4ting with a private banking concern in a loan where the private concern
is to
receive stock in the borrowing corporation and that the view was
e Pressed by
the directors that the whole matter should be reconsidered,




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-6-

it being suggested that if Kuhn, Loeb & Company is to participate in
the advance, the company's compensation should be on some definite
basis other than shares of stock in the Hudson Motor Car Company.

Mr.

Rounds had given the assurance, Mr. Morrill said, that the Federal Reserve Board would be informed fully as to the terms and conditions of
anY proposal submitted to the board of directors of the Federal Reserve
sank of New York before a decision is reached by the directors and that
the Federal Reserve Bank of Chicago was fully advised of the situation
and was cooperating with the Federal Reserve Bank of New York in every
Way.

Mr. Morrill added that Mr. Rounds had raised the question as
to whether, under the provisions of section 13b, two Federal reserve
banks could participate in a direct loan to an established industrial
concern; that procedure being a possible one in the event Kuhn, Loeb
Company does not participate in the proposed advance.

He had also

stated, Mr. Morrill said, that another possible procedure was one under
which the Federal
Reserve Bank of Chicago would make the entire loan
and
rediscount a portion of it with the Federal Reserve Bank of New
York, and
that, in view of the fact that the banks may be called on to
ille
'
ke a decision very quickly, it would be appreciated if consideration
e°111d be given to the
legal aspects of these suggested procedures so
that there
will be no delay in the matter.
It was understood that counsel would give
consideration to the questions raised by Mr.
Rounds.




548
1'
2/2'05

-7Governor Eccles read the following letter dated February 18,

1935, received by him from Mr. James Simpson, Class C Director and
Deputy Chairman of the Federal Reserve Bank of Chicago, in response
to the letter written to him by Governor Eccles in accordance with
the action taken at the meeting on February 13, 1935:
"'Your letter stating that the Federal Reserve Board
wishes to have me continue as a director of the Federal
Reserve Bank of Chicago for the remainder of my present
term has been received, and I have given it most serious
consideration.
"In my long service with the Federal Reserve System
and my very happy contacts with the members of the Federal
Reserve Board, it has always been my unqualified ambition
to render ouch service to the best of my ability.
"It will therefore give me pleasure to continue to
serve to the end of my term, always assuming that I can
conscientiously and whole-heartedly support the policies
of the System.
"With kindest personal regards to you and all the
members of the Board."
Noted.
Governor Eccles stated that his speech before the mid-winter
meeting

of the Ohio Bankers Association at Columbus, Ohio, on

!ebruarY 12, 1935, had been inserted in the Congressional Record by
Senator Fletcher, Chairman of the Banking and Currency Committee of

the -,
enate, on his own initiative, and that Senator Fletcher had sent
4 thousand
copies to persons throughout the country.

Governor Eccles

said that in
view of all the circumstances he felt it would be desirable for him to send copies of the address to all member banks with
4 letter of
transmittal reading as follows:
"There has been so much discussion in the press and
among bankers about the purposes and effect of the proposed 'Banking Act of 1935' as embodied in House Bill
5357 and
Senate Bill 1715, particularly the portion c0n


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-8-

"tained in Title II, that it is felt thzt bankers who are
vitally concerned in this legislation would he interet,ted
in my conception of the objectives of this measure, which
I stated in a general way in an address at the annual midwinter meeting of the Ohio Bankers Association at Columbus,
Ohio, on February 12, 1935. Therefore, I am inclosing
herewith a copy of this address reprinted from the
Congressional Record of February 14, 1935, with the hope
that you will give it careful consideration before passing
judgment upon the bill."
Mr. O'Connor stated that, in vier of his experience with the
Banking Act of 1933, he would suggest that a sentence be added to the
Proposed letter stating that Governor Eccles would be glad to have
anY comments or suggestions which the member banks may have to offer.
Upon motion by Mr. Hamlin, Governor Eccles
was authorized to have his speech printed and
transmitted to all member banks with a letter of
transmittal, either in the form referred to above
or incorporating Mr. O'Connor's suggestion as the
Governor might decide.
Governor Eccles stated that, prior to the date of his address
before

the mid-winter meeting of the Ohio Bankers Association, he had

sent to Mr.
McIntyre, Assistant Secretary to the President, a copy of
the addre2s with
the request that Mr. McIntyre bring it to the
President's attention if he felt the President would be in a position
t° read it, and to
advise him (Governor Eccles) as to whether or not
the
President was in agreement with the statements in the address with
regard to the
general objectives of the bill.

He said that after his

l'eturn from Ohio Mr.
McIntyre had called him on the telephone and had
etated that
the President had advised that he had read the address and
/148 in
complete accord with it.




550
2/27/35

- Reference was then made to the Clayton Act applications filed

by Mr. Paul M. Davis for permission to serve as officer and director
of the American National Bank of Nashville, Tennessee, and es director
of the Nashville Branch of the Federal Reserve Bank of Atlanta, and
by Messrs. A. W. Willey, Parkes Armistead, L.
G. Sadler, J. T.
Wakefield, J. U. Glaboff and C. H. Tetterau for permission to serve
the national bank and one or more banks affiliated with the national
bank, on which action was deferred at the meeting of the Federal Reserve Board on February 13, 1935.
Mr. James stated that the present involved condition of the
national bank is the result of the management being persuaded to take
Over, as a public duty, the Fourth and First National Bank of Nashville to prevent the closing of
that institution which held the reserves of a number of corresponde
nt banks in the territory.

He said

that, as the
common capital had been wiped out by losses and depreciation) the Reconstruction Finance Corporation, which has purchased
Preferred stock, in effect owned the bank, and that the Chairman of
the R
econstruction Finance Corporation had advised that the corporation
i8 Perfectly satisfied with
the present management and contemplates
no

changes, so that, if the Board should decline to approve Ir. Davis'

aPPlication, the only result would be that he would resign as a
director of the
Nashville branch which action would become known in
N42hville and might prove to be very detrimental to the national bank.
Mr. j
limes also stated that while it
was true Mr. Davis had been indicted




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2A7/35
along with several other individuals, he was acquitted on all charges
and that, in the circumstances, he felt it would be very undesirable

for the Federal Reserve Board to take any action other than to issue
a permit to Mr. Davis and the six other applicants above referred to.
Mr. O'Connor stated that he was familiar with the circumstances surrounding the indictment of Mr. Davis, that the indictments
were instigated larFely by political enemies, end that they were not
Justified.

He said that the trial had resulted in Mr. Davis' acquittal,

and that the main prosecuting witnesses were later indicted and
sentenced to the penitentiar
y for perjury.

He added that as a result

°f Mr. Davis' indictment the American National Bank of Nashville had

been compelled to borrow heavily from the Reconstruction Finance
Corporation to meet withdrawals
and that within a year the entire
amount had been repaid.
Mr. James pointed out that Mr. Davis' present term as a director
°f the Nashville branch will expire on December 31, 1935, and that
Under the Board's policy of not reappointing directors
who have served
consecutive years, Mr. Davis would not
be reappointed.
Mr. Hamlin moved that a permit be issued
to Mr. Davis to expire on December 31, 1935,
and that permits be issued to the other
applicants referred to above to expire on January 14, 1936, in accordance with the procedure
set forth in the Board's letter of January 9,
1935.




Carried.

552
2/2 35

—11Governor Eccles called attention to a memorandum addressed to

him under date of February 131 1935, by Mr. Wyatt stating that, in
vier of all the circumstances and especially in view of the amendment
to section 13 of the Federal Reserve Act
contained in the proposed
8anking Act of 1935, it is felt that it is not necessary to ask for an
extension of the provisions of section 10(b) of the Federal Reserve
Act.

Governor Eccles had attached a memorandum to the file expressing

agreement with Mr. Wyatt's suggestion and this memorandum had been
circulated among the members of the
Board, who, with the exception of
M.

Miller, had expressed agreement with Mr. Tyatt's suggestion.

Mr.

Miller had indicated on the memorandum that he was of the opinion that
the provisions of section 10(b) should be extended until there is some
kind of legislation to cover the situation contemplated by section 10(b).
Dilring the ensuing discussion it was pointed out that any extension of
the provisions of section 10(b) beyond March 3, 1935, would require
legislation by Congress as the section did not provide for further
etension by Presidential proclamation.

Mr. Miller stated that, in

'41e17 of this situation, he would withdraw his objection to Mr. Tyatt's
au
ggestion.
Accordingly, it was understood that the
Board would take no action asking for an extension
of the provisions of section 10(b).
Governor Eccles then referred to the fact that during each
BeSsion

of Congress a large number of bills are referred to the Board
4ccordance with a routine procedure of the Acting Clerk of the




hi
553
2/2V35

-12-

Banking and Currency Committee of the Senate for reports to the
committee on the proposed legislation and that a considerable number
of such requests had been received since the beginning
of the present
session of Congress.

He said that he felt that to attempt to answer

all of these requests carefu
lly would require a considerable increase

in the Board's staff; that many of the bills were
of a character which
made it doubtful that serious consideration would be given
to them by

the committee; that in many instances identical
requests were being made
of other Governmental agencies, auch
as the Federal Deposit Insurance
Corporation, the Reconstructi
on Finance Corporation, the office of the
Comptroller, and
the Treasury Department; that some of the bills
relate to subjects covere
d by the proposed Banking Act of 1935; that
no doubt in some instan
ces it would be difficult if not impossible to
formulate a
re-Port which would reflect the views of the Board to the
satisfaction of its
various members; and that after considering all
the circumstances and pendin
g a discussion of the matter by the Board,
11° had instructed Mr. Wyatt
to hold such requests for reports without
"tion unless it
appeared that there was something in the situation
811-1'rounding a
particular bill which made it advisable to submit a
Pr°mPt report
and it appeared that the Board had a definite position
whiCh it desire
d to state. Upon inquiry from Governor Eccles Mr. Wyatt
stated
that his office is keepin
g in touch with all banking legislation
eLlia will
undertake to submit to the Board for consideration a report
04 —
'
1"Y bill when
it appears that, because of its nature or any special




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-15-

consideration ti-et is being given to it by either House of Congress,
such a report should be made upon request by a committee of Congress.
No objection was interposed by any
member of the Board to this procedure.
There was also considered a memorandum dated February 26, 1935,
from the Committee on District No. 6 recommending that Mr. Fitzgerald
Hall, President of the Nashvil
le, Chattanooga & St. Louis Railway,
Nashville, Tennessee, recently elected a Class B director of the Federal
Reserve Bank of Atlanta, be appointed a director of the Nashville
Branch of the Federal Reserve Bank of Atlanta for the
term ending
December 31,
1937.
In accordance with the recommendation, Mr.
Hall was appointed a director of the Nashville
branch for the unexpired portion of the term
ending December 31, 1937.
There was then presented a letter dated February 26, 1935,
from Mr. Sparkman, Acting Clerk of the
Senate Banking and Currency
e°111mittee, transmitting a bill in the amount of $24.39 coverin
g the
cost of 1,500 copies of a reprint
from the Congressional Record of
Governor Eccles? speech before the mid-winter meeting
of the Ohio
Bankers

Association, which had been ordered printed by Mr. Sparkman

ill accordance
with Governor Eccles? request transmitted to Mr.
8Parkmsn by Mr.
Daiger, Special Assistant to the Board.
Upon motion by Mr. Hamlin, the payment
of the bill was approved.




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2/27/35




-14-

Thereupon the meeting adjourned.

471Q,676zti

Governor.

Secretary.