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?it 609 10/59 Minutes for To: Januarv_15, 1960_ 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 will be appreciated if you will advise the Secretary's Office. Otherwise, please initial below. If you were present at the meeting, your initials will indicate approval of the minutes. If you were not present, Your initials will indicate only that you have seen the minutes. Chin. Martin Gov. Szymczak Gov. Mills Gov. Robertson Gov. Balderston Gov. Shepardson Gov. King Minutes of the Board of Governors of the Federal Reserve System 04 Friday, January 15, 1960. PRESENT: Mr. Mr. Mr. Mr. Mr. Mr. Mr. The Board met in the Board Room at 10:00 a.m. Martin, Chairman Balderston, Vice Chairman Szymczak Mills Robertson Shepardson King Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Discount rates. Sherman, Secretary Thomas, Adviser to the Board Shay, Legislative Counsel Hackley, General Counsel Noyes, Director, Division of Research and Statistics Solomon, Director, Division of Examinations Hexter, Assistant General Counsel Chase, Assistant General Counsel Furth, Associate Adviser, Division of International Finance Conkling, Assistant Director, Division of Bank Operations Hostrup, Assistant Director, Division of Examinations Nelson, Assistant Director, Division of Examinations Landry, Assistant to the Secretary Achor, Review Examiner, Division of Examinations The establishment without change by the Federal e Banks of New York, Cleveland, Richmond, St. Louis, Kansas City, Etild 'Dallas on January 14, 1960, of the rates on discounts and advances 14 their existing schedules was approved unanimously, with the under""(1-111g that appropriate advice would be sent to those Banks. Items circulated to the Board. The following items, Which had been . e4rculated to the members of the Board and copies of which are Etttkol "to these minutes under the respective item numbers indicated, 'Were oved unanimously: 1/15/60 -2Item No. Latter to the Federal Reserve Bank of San Francisco the appointment of Parker R. Smith as 844)r°ving 1 , ederal Reserve Agent's Representative at the Seattle Branch. 1 Letter to the Federal Reserve Bank of San Francisco r tegard.-Lag__ an interpretation of section 6(a)(4) of 2.7 . sank Holding Company Act requested by Firstwuerica Corporation. 2 2 Letter to Senator Robertson. In accordance with the under- Eitancling reached at the Board meeting yesterday, there had been cliBtributed a redraft of letter to Senator Robertson, Chairman of the Bailking and Currency Committee, recommending approval of S. 2609, a bill to amend the Federal Deposit Insurance Act to revise the assessment balle and for other purposes, discussed at the meeting on January 14, 1960. Governor Robertson commented that he had gone back over the bill t°11 °Iring the discussion of this question at yesterday's Board meeting. +1, -4ought the basic purpose of the proposal to make possible an easier determ4 ---Lnation of assessments on insured banks was laudable; but he was e°11certled bY the language of lines 4 through 9 on page 9 of the bill read "The Board of Directors, the Comptroller of the Currency, -4e Board of Governors of the Federal Reserve System, or a majority ot 4.4 'd agencies may jointly by regulation define the terms "cash items" 44a NI % vl'°CeSS a"ingslft SUch of collection" and shall classify deposits as "time," and "demand" deposits for the purpose of this section." Provision of the law -would permit two of the three agencies to 1/15/60 overrule the third and issue regulations in an area which fell properly Igithin the latter's province. He believed this to be objectionable ana suggested the desirability of consultation between Chairman Martin and Messrs. Gidney and Wolcott, Comptroller of the Currency and Chairman of the Federal Deposit Insurance Corporation, respectively, for the purpose of discussing this feature and suggesting that the l'ederal Deposit Insurance Corporation be given sole jurisdiction in this area which related solely to determination of the assessment b4se. His thought was that the Board's report on the bill should be favorable but that the Federal Deposit Insurance Corporation might Sularn.e st to Senator Robertson a change in the bill on this point, if it agreed that a change would be desirable. Chairman Martin said that if the Board so desired he would try to a,_ " -ange a luncheon meeting with Messrs. Gidney and Wolcott to discuss the question, although he believed that Governor Robertson might be 44ggerating the potential dangers involved in the bill as it stood. Mr. Hexter commented that it was his impression that the 41'r-44ement for tri-agency control as set forth in the bill stemmed trcft the. hope that the proposed bill would be advantageous to the iristIrsd 4/ellt banks in that the certified statement of deposits for assess- ---voses would be based on data set forth in reports of condition, arid Conkling concurred. Mr. Hexter went on to say that should the Ped Deposit Insurance Corporation be given a free hand it might 1/15/60 Prescribe a condition report form that was undesirable for the System °r for the Comptroller of the Currency and one that mould require smber banks to submit additional reports. Mr. Thomas inquired whether this meant that the Board and the Reserve Banks mould be unable to continue to get additional statistical 1,11f0rmation from member banks, and Mr. Hexter replied that this was not 4lesnt. Mr. Hackley said that he also was somewhat disturbed by the Provision on page 9 of the bill to which Governor Robertson had referred because of the completely different purposes served by the l'el3orts, 1. .1 as a basis for deposit insurance assessments, as a basis for administering reserve requirements of member banks, and as Means of helping to administer the law and regulations relating to the Payment of interest on deposits. The reports submitted should be Illiade to serve the purposes of each of the agencies concerned, and he Illaggested that one alternative might be to change the wording of the d f+ Dill to place the authority in the hands of the Federal Deposit oe Corporation with the proviso that there should be consultation th the Comptroller of the Currency and the Board of Governors to Etellieve maximum possible uniformity. After discussion, it vas understood that the Chairman mould exIde l'or to arrange a meeting with Messrs. Wolcott and Gidney for the 1514113°8e of discussing the proposed legislatio1. 1/1)/60 -5Messrs. Conkling and Chase withdrew from the meeting at this Point. Limited voting permit for City Commerce Corporation, Anchorage, 1•411 -41-!LJItem No. 3). There had been distributed a memorandum dated January 13, 1960, from the Division of Examinations recommending that either a section 301 determination be made or a limited voting permit be 4 .‘asued to the City Commerce Corporation, Anchorage, Alaska, to vote the shares it owned or controlled of the City National Bank of the same 131aca at the annual meeting of that bank to be held on January 20, 1960. Mr. Solomon said that although the memorandum recommended that a Be 301 determination be made in this case, it was the present reeling Of both the Division of Examinations and the Legal Division that it - yould be advisable to defer such a determination and to issue 4 limited voting permit instead, pending further study of the relation- 81146 between City Commerce Corporation and its subsidiaries engaged the small loan business. Governor Mills said he concurred completely with the view ePre8aed by Mr. Solomon and he recalled that When the City National ' 148 admitted to the System before Alaska was admitted to Statehood, there vere certain reservations regarding its condition and management. Issuance of a limited voting permit to City Commerce Corporation, lizie4tage) Alaska, to vote the shares it (mans or controls of City htiono Eank, Anchorage, Alaska, at the annual meeting of that bank 1/15/60 -6- to be held on January 20, 1960, was then authorized, with the understanding that a telegram containing this authorization would be sent to the Federal Reserve Agent at the Federal Reserve Bank of Ben Prancisco. A copy of this telegram is attached to these minutes as Item No. 3. Mr. Hostrup withdrew from the meeting at this point. APPlication to organize a national bank in Houston, Texas. There had been circulated to the members of the Board a draft of letter to the Comptroller of the Currency that would recommend that an application to organize a national bank in Houston, Texas, be di --aaPproved. This recommendation of the Division of Examinations 143.8 e°naistent with the views of the Federal Reserve Bank of Dallas. 14hile the file was in circulation, Governors Mills, Robertson, and ilalcleraton indicated that they would recommend favorably regarding this application since the sponsoring group was evidently quite callalae of assuming the risks involved. The Chairman asked if it was the wish of the Board to -- the Dallas Reserve Bank that the Board was inclined to recm-_ -40nerid approval of this application and invite additional °°41 enta. Mr* Solomon stated that he had already held a telephone conNreraatioh -- with Vice President Pondrom of the Dallas Bank concerning -7character of this case, although he had not made reference to any Position that the Board might take on the application. In reaP°nse to a question from Governor Mills, he said that Mr. Pondrom Personally was fully familiar with the application. He had been a ager of the Houston branch of the Dallas Reserve Bank for several Years and he knew the individuals involved in the application, recognizing that they were wealthy men with good reputations in the community. Re added that the sponsors would not only be able to prevent the bank fr°111 failing but could also give it some valuable business. On the Other hand, Mr. Pondrom had expressed the view that Houston was Pr°bablY at or beyond an overbanked position. The applicant bank 14°41d be moving into a building in a less desirable part of town from another bank had recently moved, and on balance Mr. Pondrom c°ncluded that the application should be denied on the grounds that there 14aa no need for another bank in Houston at this time and prospects tOr Pr°fitable operations were not bright. Mr. Solomon went on to say that he vas althouin he not persuaded that Houston was yet an overbanked city, realized that within the past five years sixteen banks h" been established there. ri'th chair's. However, ten of these banks were affiliated He concluded by noting that since Mr. Pondrom felt rather litl‘c)11glY about the question, he had not been willing to substitute his j144;rne "for Mr. Pondromts. His own view was that the application iprillented a fairly close decision whether to approve or disapprove. 1/15/6o -8Governor King commented that, despite Mr. Pondrom's views on the rundown economic character of the locality in which the proposed bank 'would be established, the bank that had moved from the building into tzu the new °Illion in three years. would go had built up deposits from $3 to $16 He felt that this argued against the conclusion that the local business area was not favorable for satisfactory growth °f the bank, especially since banks nowadays are not as highly dependent 143°4 local area business as in the past. He said that he also was impres ., seu by the long list of substantial stockholders. It was then agreed that in accordance with the usual procedure in BUth cases, the application would be discussed further with the Dallas Reserve Bank in the light of the comments at this meeting, with the Understanding that Mr. Solomon would report back to the Board. Messrs. Nelson and Achor then withdrew from the meeting. Foreign-branch records. Inider There had been distributed to the Board dateof January 14, 1960, a memorandum from Mr. Hexter concerning 13rckhletion in court of foreign-branch records. Mr. Hexter commented on the memorandum which referred to an igation by the Internal Revenue Service of the tax liability of 4 corpo Nev. ration that is a customer of the First National City Bank of yo rksa branch in the Republic of Panama. He noted that in connection Vithth at investigation the Federal Court of Appeals in New York recently ordered the bank to produce in this country records of its Panama branch 1/15/60 -9r elating to that customer, and that the bank had petitioned the Supreme Court for a writ of certiorari. If the writ was granted the Supreme C°4rt *would then review the decision, he said, but if it was denied the Court of Appeals' decision would be final. First He observed that the National City Bank was requesting the Board to inform the Department of Justice or the Treasury Department upon inquiry that the Board considered it to be in the public interest for the Supreme CoUrt to grant such a writ in the litigation. However, it was the ielg Of the Legal Division that, in the absence of a study of the qtlest"n whether American banks with branches abroad should be subject to subpoena in this countr y to produce records of foreign branches, the Board probably would not be in a position to reach any conclusion °n the merits of the controversy. Accordingly, it was the recommendation Of the Legal Division that, if the Board were asked for its views regarding the desirability of Supreme Court review in this case, the in quiring agency should be informed that in the Board's opinion the Mel'e fact that the law in this matter would be "settled" (subject legislative tO tQ change) by a Supreme Court decision would not appear be °f substan tial benefit to American banking or to our foreign commerce. G°vernor Szymczak observed that after communicating with the Lork es R erve Bank Mr. Wriston, Senior Vice President of Nation al ty Ban s New k, and Mr. Parlin of the bank's counse l, had visited him and 1/15/60 -10- Messrs. Solomon, Hexter, and Furth, on January 8, 1960. Messrs. Wriston and Parlin stated at that meeting that this matter was of extreme importance to their bank and to other American banks with branches abroad. They also stated that they understood it to be the Board's position fr°41 a provision in the Financial Institutions Act proposed in 1956 that foreign branches of American banks should be on an equal footing l'ith domestic banks. Governor Szymczak said he doubted the Board ktev enough about this question to be able to decide that the Supreme C°Urt should grant a writ of certiorari, and he noted that the Internal ReIrenIts Service vas apposed to the granting of such a writ by the 811111'esis Court. He added that he thought the Board should study the 1 llesti°4 and seek the views of the Comptroller of the Currency and Qther interested agencies on it since the First National City Bank, *tell had more foreign branches than any other American bank, intended to go to Congress to obtain a change in the law. the 10,,, to Governor Mills agreed with this suggestion but proposed that 'rd reply to any inquiry by stating that the Board had no views Pr e ea8 in the matter since it involved questions beyond the Board's is.uthori tY and interest. Governor Robertson concurred with this view, adding that he tliNglIt Governor Szymczakss proposal to study the question vas a good it d prepare the Board for any additional legislation tmestion. 1/15/60 -11It was then agreed that, should the Board be asked for its vielfs regarding the desirability of Supreme Court review of this case, the inquiring agency should be informed that the Board had no views to express. Messrs. Hexter and Furth then withdrew from the meeting, and Mr. Molony, Assistant to the Board, entered the room. Report on use of reserve requirements. the Mr. Shay recalled that report by the House Banking and Currency Committee on the reserve Isequirements bill (House Report No. 403, 86th Congress, let Session) reqUested a report from the Board which would (1) make a comparison of the relative efficiency of changes in reserve requirements with °Pert market operations; and (2) consider possible improvements in that use as an anti-inflationary tool. Subsequently, when asked (141111g a hearing about this report, the Chairman replied that he would ti"anainit a study of this question to the Committee, and when he 415Psared before the Joint Economic Committee in July 1959, Congressman Rellas) a member of both committees, inquired as to the status of the l'el)°rt* Mr. Shay said that he was bringing this to the Board's attention sitee it seemed certain that Congressman Reuss would raise a question the report on use of reserve requirements when Chairman Martin ePPeao., before that Committee on February 2, 1960. He noted alternative Etta f suggestions as to whether it would be preferable to include the Ilic)rt °A reserve requirements in the Board's Annual Report for 1959, Or vh ether to submit it as a separate document. 1/15/60 -12Governor Mills said that in view of the lapse of time since the report had been requested, he thought it should be made available before the Chairman appeared before the Joint Economic Committee on l'ebruarY 2. Mr. Noyes noted that the request for the report had not c/riginated with the Joint Economic Committee but rather with Chairman SPenea ls Banking and Currency Committee and that the Joint Economic Committee was already apprised of the Board's position on this subject through the medium of responses to previous questions. He went on to saY that the report was presently in its third draft and that it took the, Position that the use of sinell changes in reserve requirements as Et11 i• ns trument of monetary policy in substitution for open market craticms more generally than in the past was neither desirable nor featlible. Chairman Martin observed that at the present time debate over the substance of the report should not be permitted to delay getting It 81br• aittad to the Congress, since the Board was open to the charge c)r being dilatory in this matter. The other members of the Board e°"U rred in this view, and it was understood that the Division of R • and Statistics should present to the Board for its consideration as possible a draft of report on the relative effectiveness of QIIalles in reserve requirements and open market operations as instruments or naone arY Poli y• 1/15/60 -13Publication date of Annual Report. The Chairman then inquired as to the status of work on the Board's Annual Report for 1959. After reports from Messrs. Noyes and Sherman indicating that preparation of text, policy records, and other material was proceeding satisfactorily with a view to publication of the printed report in March, the Chairman atated reasons why such a program should be pressed forward. Thereupon the meeting adjourned. Secretary's Note: Pursuant to recommendations contained in memoranda from appropriate individuals, Governor Shepardson today approved on behalf of the Board the following actions affecting the Board's staff: E , Pin A. Anderson as Economist in the Division of International with ee, basic annual salary at the rate of $91890, effective th.-',t Qate he assumes his duties. Chata. atatua 11 M. Van Eckhardt, Statistical Assistant, Division of Research Etla R,7 a44:'atistics, from a half-time basis to a full-time basis, with basic 48-1 salary at the rate of $4,340, effective January 18, 1960. Perrai work additional period before maternity leave thrcm"!lan S. Barber Payroll Clerk, Office of the Controller, to work January 220 1960, before beginning maternity leave. Secretary BOARD OF GOVERNORS OF THE Item No. 1 1/15/60 FEDERAL RESERVE SYSTEM WASHINGTON 25, D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD January 15, 1960. F, B. Whitman, Federal Reserve Agent, nederal Reserve Bank of San Francisco, °an Francisco 20, California. Dear Mr, Whitman: In accordance with the request contained in your letter of .1.1!rY 4, 1960, the Board of Governors approves the appointment of :.11 Representative at "he Parker R. Smith as a Federal Reserve Agent's Seattle Branch to succeed Mr. Frank J. Reff. This approval is given with the understanding that Ur. sm and 4,Zith will be solely responsible to the Federal Reserve Agent 41e Board of Governors for the proper performance of his duties, exp. ' AgeAt that, during the absence or disability of the Federal Reserve AaelAlt or a vacancy in that office, his responsibility will be to the -Lstant Federal Reserve Agent and the Board of Governors. When not engaged in the performance of his duties as Federal Ileserv the F e Agent's Representative, Mr. Smith may, with the approval of Seat,Veral Reserve. Agent and the Vice President in charge of the eistZe Branch, perform such work for the Branch as will not be incon— nt with his duties as Federal Reserve Agent's Representative. It will be appreciated if Mr. Smith is fully informed of the the i,'Portance of his responsibilities as a member of the staff of troin 71eral Reserve Agent and the need for maintenance of independence operations of the Bank in the discharge of these responsibilities. It is noted from h's appointment by 1-1811ELI ath of Office which : togeth 'r with advice as to your letter that with the approval of the Board of Governors, he will execute the will be forwarded to the Board of Governors the effective date of his appointment. Very truly yours, (Signed) Merritt Sherman Merritt Sherman, Secretary. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Item No. 2 1/15/60 WASHINGTON 25, D. C. ADDRESS OFFICIAL CORRESPONDENCE TO THE BOARD January 15, 1960. MAIL , 1, 11r• E. R. Millard, Vice President, Pederal Reserve Bank of San Francisco, San Francisco 20, California. bear Mr. Millard: This is in response to your letter of July 16, 1959, enclosing e°Pies of correspondence between your Bank( and Firstamerica Corporation rslatin g to the interpretation of section 6(a)(4) of the Bank Holding cc mpany Act. The Board understands that Commercial Investment Trust Co. ("Comm iZtl ( alelis il: a depositor in the National Bank of Washington which is a subsidiary of Firstamerica, has requested 10 million revolving line of credit. First National Bank of Oregon ( leg°n"), another subsidiary of Firstamerica, wishes to furnish all 1, Of ; creci e loans that may be called for by Commercial under this line of uhcielt. Washington and Oregon plan to enter into a written agreement the r which the making of such loans will be handled by Washington, madenotes being executed on Washington's note form. As each loan is Washington will charge Oregon's account with the full amount of the ore voTicular loan and will credit Commercial's account with Washington. ellcb n 0 account with Washington will be sufficient, at all times, to ajt.t Washington to charge Oregon's account immediately with the full Ighene °I' each loan that is made to Commercial under the line of credit. • a loan is made, Washington, as the payee of Commercial's note, will ver liTaehi mediately endorse the note to Oregon on a nonrecourse basis0 all cog't0n wdll service the loans and will credit Oregon's account with Ilections of principal and interest. 1401Qc, The question presented is whether the procedure described prohijiclate section 6(a)(4) of the Bank Holding Company Act, which dis its a bank subsidiary of a holding company from making any loan, e°4nt corapahy. Or extension of credit to any other subsidiary of the holding As indicated by your General Counsel, the plan appears to be in • m°st respects, to the first of the four factual situations dealt'! with In the Board interpretation published in the September 1958 Mr. E. R. Millard Federal Reserve Bulletin, at page 1059. However, all of the situations lealt With in that interpretation related to arrangements under which ! zhe originating bank was making a part of the loan and the other bank Illas.taking the remainder of the lean, not the entire loan. The interpretion turned on whether each arrangement constituted a "joining at the _utset", an expression used in the Board's Statment in Matter of General Contract Cor oration, 44 Fed. Res. Bulletin 260 (1958). In the instant rrle originating" bank - National Bank of Washington - will not Ba ;!! any part of the loans made under the line of credit; First National ""K of Oregon will take 100 per cent of all of such loans. Consequently, r2ere would be no "joining at the outset", and you have requested the i-416erd l s views as to whether the principles expressed in the September 1958 xp rpretation will nevertheless be applicable. r The decisive question, in the interpretation and application of Z s cion 6(a)(4), is whether there is, in fact, any "loan, discount or i.:'eneion of credit" between subsidiaries of the same holding company. ;Waoh of the situations described in the September 1958 interpretation, diserred to above, the Board concluded that no "intra-group" loan, thecunt or extension of credit was involved. Under Firstamcricals plan, 00 regon bank would furnish all of the funds being borrowed by but in all other respects the arrangement appears to be subto the first situation dealt with in the published similar e pretat rtlii. In the opinion of the Board, it is immaterial, for the purposes tv, on 6(a)(4), whether the second bank (1) takes only a participation 1/1 8eoti eill,"e loan or (2) makes the entire loan. Accordingly, the Board conthat the arrangement described above would not violate the /rleions of section 6(a) of the Bank Holding Company Act. Very truly yours, (Signed) Merritt Sherman Merritt Sherman, Secretary. Item No. 3 TELEGRAM 1/15/60 LEASED WIRE SERVICE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON January 15, 1960. 1413:3101 SAN FRANCISCO KEeEk A. City Commerce Corporation, Anchorage, Alaska. City 86 NatiOnal Bank of Anchorage, Anchorage, Alaska. None. t. At any time prior to April 1, 1960, at the annual meeting of shareholders of such bank or any adjournments thereof (1) to elect directors, and act thereat upon such matters of a routine nature as are ordinarily acted upon at the annual eetings of such bank; (2) to amend the by—laws to provide for two examinations per year by the Examining Committee; a4:1 (3) , to increase the capital stock and take all necessary eticias in connection therewith, provided that all actions taken in connection with the capital increase are in "oordance with plans satisfactory to the Comptroller of the Currency STOP. Please advise Applicant that all other ralttere dated outlined in the Applicant's letter to Mr. Millard November 16, 1959, to be discussed or considered at the annual meeting, are considered matters of a routine riature. (Signed) Merritt Sherman SHERMAN D efinition of KECEA: The Board authorizes the issuance of a limited voting permit) under the provisions of section 5144 of the Revised Statutes of the United States) to the holding company affiliate named below after the letter "A") entitling such organization to vote the stock which it owns or controls of the bank(s) named below after the letter "B“) subject to the condition(s) stated below after the letter 'IT'. The permit authorized hereunder is limited to the period of time and the purposes stated after the letter "ID". Please proceed in accordance with the instructions contained in the Board's letter of March 10) 1947, (s-96)4).