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Minutes for

To:

Members of the Board

From:

Office of the Secretary

July 11, 1.57

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, 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
Chm. Martin
Gov. Szymczak
Gov. Vardaman
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson




X

Minutes of actions taken by the Board of Governors of the
Federal Reserve System on Thursday, July 11,
in

1957. The Board met

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

Mr. Martin, Chairman
Mr. Balderston, Vice Chairman
Mr. Szymczak
Mr. Vardaman
Mr. Mills
Mr. Robertson
Mr. Shepardson
Carpenter, Secretary
Kenyon, Assistant Secretary
Hackley, General Counsel
Masters, Director, Division of
Examinations
Mr. Solomon, Assistant General Counsel
Mr. Hostrup, Assistant Director, Division
of Examinations
Mr.
Mr.
Mr.
Mr.

Items ciraulated to the Board. The following items, which
had been circulated to the members of the Board and copies of which
are attached to
these minutes under the respective item numbers indicated!, were approved unanimously:
Item No.
Letter to the Federal Reserve Bank of Atlanta ap13Ar"ing the payment of salary to Theodore Walter as
stant Cashier at the rate fixed by the Board of
ectors.

1

Ilietter to Liberty Bank of Buffalo, Buffalo, New
rk, approving the establishment of a branch in
e Central
Park Shopping Center to replace the
asent Fillmore-Leroy branch. (For transmittal
rough the Federal Reserve Bank of New York)

2

ar!ter to the Federal Reserve Bank of Philadelphia
Gi""ending the time within which Peoples Bank of
!
II Rock, Glen Rock, Pennsylvania, may establish
4
uranch in the Borough of Jacobus.

3

4

Z




1924
7/11/57

-2Item No.

Letter to The Newark Trust Company, Newark, Ohio,
aPproving the establishment of a branch at the
r?ar of 17-19 North Third Street. (For transmittal through the Federal Reserve Bank of
C
leveland)

4

Letter to the Federal Reserve Bank of Atlanta regarding a request for a final tax certification
with respect to Hillsboro Enterprises, Inc., Nashville, Tennessee.

5

In connection with the preceding item (No.

5),

Governor

Balderston observed that although the Board's Regulation Y, Bank Holding Companies, became effective September 1, 1956, procedures had not
Yet been
established which would enable the Board to act on certain
matters arising under the Act such as the request of Hillsboro EnterPrises, Inc., for a final tax certification.
Mr. Hackley responded that the granting of a final tax certification involved a number of complex questions which must be worked
cAlt in consultation with the Internal Revenue Service.

After mention-

ing that the
Board's staff had instituted discussions with Internal
Revenue representatives, he went on to point out that where a pre„nary
tax certification has been granted, as in this case, a delay
in granting
the final certification would not appear to result in injury
Or
damage to the rights of affected parties.
Governor Robertson added to Mr. Hackley's remarks by stressing

the necessity for reaching full agreement with the Internal Revenue
S

v.Lce concerning the problems involved in making final tax




192
7/11/57

.3...

certifications under the Bank Holding Company Act. In commenting
to this
effect, he was not defending undue delay, and he felt that

the point raised by Governor Balderston should be borne in mind.
Nevertheless, in the present circumstances it appeared to him that
the proposed reply was the only one that could be made.
Item No.

l

atter to Wm. T. Burton Industries, Inc., Sulphur,
sians, responding favorably to its request for
section 301 determination. (For transmittal
hrough the Federal Reserve Bank of Atlanta)

6

Letter to First State Bank of Corpus Christi, CorPus Christi, Texas, approving its request for perTission to exercise limited fiduciary powers. (For
smittal through the Federal Reserve Bank of
v',1'4Inallas)
113,eatter to the Presidents of all Federal Reserve
nks requesting reports of credit extended by memrr banks
to real estate mortgage lenders as of
4liguat )4, 1957.

8

Letter to the Senate Antitrust and Monopoly Subcommittee commenting on S. 2220, a bill to amend
the PI,ente,,rman Act to declare the primacy of free
abudget)rPrise. (With a copy to the Bureau of the

9

-11:22112g:t for determination under Bank Holding Company Act. On
teosmber 26, 1956, Transamerica Corporation, San Francisco, California,
liled with the Board a request for a determination under section 4(c)(6)

°I' the Bank Holding Company Act which would provide that shares held by
144nsamerica in its wholly-owned subsidiary, Occidental Life Insurance
C°r4PanY, were exempt from the provisions of the Act prohibiting, with
Certain exceptions, the retention by a bank holding company of any




7/11/57

-4-

voting shares of
a nonbanking company. Pursuant to this request, a
hearing
design

was ordered by the Board and was conducted before a duly
Hearing Examiner, Mr. Arthur Leff. The Hearing Examiner's

Report and Recommended Decision was filed under date of May 21, 1957,
following which counsel for Transamerica filed exceptions to the Hearing Examiner's recommended decision that the request for exemption be
denied and requested oral argument before the Board. The oral argument
took place on July 9, 1957, and a stenographic transcript thereof is
being made a part of the record of the proceeding.
In reviewing certain matters of procedure, Mr. Hackley brought
°Ilt that the Board must make its determination on the basis of the
entire

record of the case, including the record made at the hearing,

the brief filed
by Transamerica, the Hearing Examiner's recommendation,
the findings of fact, and the oral argument. If the Board should reach
4 decision today, he assumed that the decision would not be announced

until a carefully prepared opinion had been drafted by the legal staff
for the
Board's consideration. In response to a question by Governor
Vardaman, Mr. Hackley verified that the Board might refer the matter
back to the Hearing Examiner for further testimony if it did not believe
that the record
brought out all of the facts pertinent to the case.
Rollever, in this
instance he felt that the record was clearly adequate
43 to findings of fact. On the other hand, he pointed out, the Board
e°11141 not make its decision on the basis of any data other than that
aPPearing in
the record.




7/11/57

-5-

Mr. Hackley then referred to a memorandum that he had prePared under date of July 11, 1957, expressing, for reasons stated
therein, the
opinion that (1) the general similarity of the business
°f Occidental Life Insurance Company to the business of banking was
n°t alone sufficient to justify a favorable determination by the Board;
(2) the activities of Occidental were not "so closely" related either
to the business of managing or controlling banks as conducted by Transamerica Corporation or to the banking business as conducted by Transamerica's subsidiary banks as to be a "proper incident" to such business;
(3) the

relationship of Occidental to Transamerica and its subsidiary

banks was not so close as to make it unnecessary for the divestment
Provisions of the Act to apply in order to carry out the purposes of
the m.
ank Holding Company Act; and (4) that, without necessarily adoptall of the Hearing Examiner's reasoning, the Board would be justified
under the law
in confirming the &caminer's recommendation that the redetermination be denied. It was therefore the recommendation of
the Legal Division (1) that the Board issue an order declining to make

the

__ es
re4u ted determination; and (2) that such an order be accompanied

an ()Pinion of the Board setting forth the essential and relevant
raeta of the case and the reasons for the Board's decision.
During a discussion which followed a reading of Mr. Hackley's
Mem

orandum, Governor Vardaman called attention to the provisions of

SectiOn 4(c)(4) of the Bank Holding Company Act which in effect permit




1928
7/11/57

-6-

the retention
of shares of a nonbanking subsidiary that were lawf414 acquired and owned prior to the date of enactment of the Act
by a
bank which is a bank holding company or by any of its whollyowned subsidiaries.

He inquired whether it would be desirable to

develoP this fact in the Board's opinion and indicated that he considered the statute unsound in according this privilege to holding
comPanies which are banks as opposed to holding companies which are
not banks.
Mr. Hackley expressed agreement with Governor Vardaman's view
regarding the inconsistency of the provisions of the Act, but said it
aPPeared to him that this went to the propriety of the law itself and
n°t to the Board's administration of the law. Therefore, he felt that

the

p

4_ 1

°lap might more properly be raised in the report required to be

Made by the Board to the Congress within two years after the date of
ellactment of the Bank Holding Company Act.
Discussion then turned to the opinion to be written by the
Le
gal Division and Mr. Hackley expressed the view that it would be unfortunate for the Board to announce its decision in this case without
1\111 d eliberation since the case was the first of its kind under the
Benk Holding Company Act and involved difficult questions relating to
interPretation of the statute. By this he did not mean that the drafting of the opinion and announcement of the Board's decision should be
dela
Yed unduly, but that the opinion should be drafted and considered




7/11/57

-7-

by the Board in a very careful manner. Bearing in mind these consid erations, he
said that the Legal Division would proceed with the
Preparation of the opinion as expeditiously as possible.
Governor Mills inquired concerning the use of the word
"°Pinion" to describe the document which would accompany the Board's
Order,
d

saying that the document would appear to be more properly

escribed as a statement of facts and reasons for the Board's decision.
Mr. Hackley responded that Governor Mills had correctly de-

scribed the content of the document and that use of the word "opinion?!
reflected the practice of other Government organizations having resPonsibilities under various statutes of somewhat the same characteristics as those of the Board under the Bank Holding Company Act. In
this connection, he pointed out that the Administrative Procedure Act
requires a statement of reasons when an agency turns down an application.
Mr. Hackley then stated that he assumed the Board's order would
be Published in the Federal Register, but that the question whether
the statement
of reasons for the order should likewise be made public
was 0ne on which the Legal Division was not yet quite ready to make a
rec°mmendation to the Board. At the moment he saw no strong objection
,
to rnal„
'‘Ing the statement public, particularly since the case would tend
to -s
tablish a precedent, and to the extent that the Board's decision
was based on
reasons involving interpretation of the statute it would




1930
7/11/57

-8-

Seem desirable that the reasons be made public. In reply to a questio by
n
Governor Vardaman, he said that he knew of no reason why the
vote of the
Board could not also be made public if the Board considered
it
desirable to do so.
Governor Robertson commented that he felt the Board ought to
f°110w closely the procedures established over a period of years by
Government agencies having similar functions. If it was the custom of
alleh agencies to publish in the Federal Register their opinions, or
statements of reasons, he felt that the Board should follow the same
course. If,
on the other hand, it was the practice to publish only an
bbrevisted
at

statement, he would have no objection as long as the parties

interest were fully advised.
Mr. Hackley noted that the Administrative Procedure Act also

"ntains a requirement that the final order of any agency which might
be used as
a precedent shall be published in the Federal Register or
made available
for public review. While in previous cases under the
8ankIioldi"g
Company Act the Board had published only its order in the
Federal Register, each of those applications had been approved and
there was no need to support the order with opinions or reasons.
Governor Vardaman then stated that he would like to have an
"Planation of his vote, which would be to deny the request of Transazierica, placed in
the record. After reading a draft of such an exPlanat°rY note, he said that he would edit the note in consultation
ilith the Legal
Division because he did not want the explanation to be
itic°nsistent in any way with the Board's decision or opinion.




_9_

7/11/57

It was suggested that other members of the Board might also
like to
accompany their vote with an explanation after the order and
Statement of
reasons were available for consideration.
There ensued, for the guidance of the Legal Division in preParing the opinion to support the Board's order, a discussion of the
general outline of
the material that might be covered in development
Of the
Board's reasoning. During this discussion Governor Robertson
made clear
his view, since he might not be present when the opinion
came
before the Board for consideration, that he deemed it unnecessary
and irrelevant to the determination in this ease to speculate coneerrling the possible consequences of a continued holding companyaubsidiarY relationship between Transamerica and Occidental.

He felt

that the opinion
should explore the purposes of the divestment proof the Bank Holding Company Act and then, on the basis of the
'
l ildinge of fact, should indicate whether it appeared that the activities of Occidental were sufficiently closely related to the business
c't banking or of managing or controlling banks as to be a proper incident

thereto. If not, exemption from the divestment provisions of

the Act
would not be permissible.
It was then
voted unanimously that the Legal Division should
"are for the
Board's consideration an order declining to make the
dete
rmination requested by Transamerica Corporation and an accompan
°Pinion in support of such an order.




yitg

1932
Via/57

-10from Congressman Patman.

Chairman Martin read a letter

that he had received under date of July 10, 1957, from Congressman
Patman requesting certain statistical information relating to the
is
suance and redemption of Federal Reserve notes and stated that the
taff was compiling data responsive to Mr. Patmants request.
The meeting then adjourned.
Secretary's Notes: Pursuant to
recommendations contained in memoranda from appropriate individuals
concerned, Governor Shepardson
approved on behalf of the Board on
July 10, 1957, the following items
affecting the Board's staff:

Tra
---nggr
Clerk-Stenographer
in the Joyce L. Stickley, from the position of the position of
to
sion of Personnel Administration

Stenographer in the Division of Examinations, without change in her
basic salary
at the rate of $3,415 per annum, effective July 14, 1957.

sta , Gloria J. Hue,Economist in the Division of Research and
-LI-sties/ effective July 16, 1957.
and ,, KaY E. Jones, Clerk-Stenographer in the Division of Research
otdatistics,
effective July 26, 1957.
Governor Shepardson today approved
on behalf of the Board the following letters, copies of which are
attached to these minutes under the
respective item numbers indicated:
Item No
L ette

r to the Federal Reserve Bank of Cleveland




10

1933
7/1157
Item No.
aPproving the appointment of
assistant examiner.

es C. Mitchell as

Letter to the Federal Reserve Bank of St. Louis
8PPr"ing the appointment of Rolla Thomas Reed as
assistant examiner.




11

I
BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM

Item No. 1
7/11/57

WASHINGTON 25. D. C.
ADDRESS OFFICiAL CORRESPONDENCE

*

TO THE BOARD

July 11, 1957

CONFIDENTIAL (FR)
Mr. Walter M. Mitchell, Chairman,
Federal Reserve Bank of Atlanta,
Atlanta 3, Georgia.
Dear Mr. Mitchell:
The Board of Governors approves the payment
of salary to Mr. Theodore Walter as Assistant Cashier
Of the Federal Reserve Bank of Atlanta for the period
1111,Y 1, 1957 through December 31, 1957, at the rate of
$8,900 per annum which is the rate fixed by tho Board
Of Directors as reported in Mr. Bryan's letter of
June 24, 1957.




Very truly yours,
(Signed) Merritt Sherman

Merritt Sherman,
Assistant Secretary.

,

BOARD OF GOVERNORS
OF THE

Item No. 2

FEDERAL RESERVE SYSTEM

7/11/57

WASHINGTON 25, D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

July 11, 1957

Board of Directors,
Liberty Bank of Buffalo,
Buffalo, New York.
Gentlemen:
Pursuant to your request submitted through the
Federal Reserve Bank of New York, the Board of Governors
of the Federal
Reserve System approves the establishment
?f a branch by Liberty Bank of Buffalo, Buffalo, New York,
in the
Central Park Shopping Center, which is under conruction in the vicinity of the intersection of Main
.re
rillmet and Fillmore Avenue in Buffalo, to replace the
ore-Leroy branch presently operated at the northeast
?orner of the intersection of Fillmore and Leroy Avenues
Buffalo, provided the branch is established in the new
location vithin six months from the date of this letter.




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.

1936
BOARD OF GOVERNORS

4ott*A*4.*
ile*P W 4444,40
*
•••• ti%*
I 0
*

OF THE

FEDERAL RESERVE SYSTEM

4*

Item No. 3

7/11/57

WASHINGTON 25, D. C.
ADDRESS

** 4444v,

orrictAL coRnesPaNDENcic
TO THE BOARD

July 11, 1957

Mr, E. C. Hill, Vice President, .
Federal Reserve Bank of Philadelphia,
Philadelphia
1, Pennsylvania.
Dear Mr. Hill:
of1.r1 view of the circumstances outlined in your
letter
June 27, 1957, the Board of Governors further
Iextends
until October 1, 1957, the time within which Peoples
of Glen Rock, Glen Rock, Pennsylvania, may establish a
branchn
at the corner of Maine and Church Streets, Borough
Of Jacobus, York County, Pennsylvania, under the authorization
c
ontained in its letter of July 11, 1956.




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.

BOARD OF GOVERNORS
ott.7 ,
Aq,

OF THE

FEDERAL RESERVE SYSTEM

Item No. 4

7/11/57

WASHINGTON 25. D. C.

-

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

July 11, 1957

Board of Directors,
The Newark
Trust Company)
Newark, Ohio,
G
entlemen:
Pursuant to your request submitted through the
Feder
deral Reserve Bank of Cleveland, the Board of Governors
Of the
Federal Reserve System approves the establishment
a branch at
the rear of 17 - 19 North Third Street,
wark, Ohio, by The Newark Trust Company, Newark, Ohio,
Povided the branch is established within one year from
the date of
this letter, and the approval of the State
a
uthorities is in effect as of the date of the establish0.1 the branch.

r

It is understood that the bank's common capital
will be increased in the amount of at least $100,000 to
meet
statutory requirements.




Very truly yours,
(Signed)

Merritt Sherman

Merritt Sherman,
Assistant Secretary.

,
1 938
BOARD OF GOVERNORS
OF THE

Item No.

FEDERAL RESERVE SYSTEM

5

7/11/57

WASHINGTON 25. D. C.
AooREss OFFICIAL

CORRESPONOENCE

TO THE BOARO

July 11„ 1957

FederJ. E.Denmark, Vice President,
al Reserve Bank of Atlanta,
Atlanta .3 Georgia.
Dear. Mr.
Denmark:
Enclosed is a copy of a letter dated June 28, 1957, from
tr,, and Talbot,
Nashville, Tennessee, requesting the Board of
laznors to issue
a final tax certification, pursuant to section
8:f the Internal Revenue Code, with respect to Hillsboro
Ente4g2s! Inc., Nashville, Tennessee.
The procedure to be followed in connection with the
of final certifications is receiving consideration, and
of the problems involved in this matter may take some
&es
" However, it is the Board's understanding that delay in the
,
it?" of a final certification does not adversely affect in any
wa
aIllsborols freedom of action or the rights of the corporation
-4
' of
its
stockholders.

isauan
solutice

1 will be appreciated if you will apprise Ewing and
Talbot
the i8-7' of the for
However, it should be pointed out that
not
Of th°ard i8
empowered to make authoritative interpretations
s
nece:
Revenue Code, and if an official rulirg is deemed
sion
.arY, a request therefor should be addressed to the Commisatte-1% of Internal Revenue, Washington 25, D. C., marked for the
ntion of the Tax
Rulings Division.
Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.
Enclosure




i i

BOARD OF GOVERNORS
OF THE

Item No. 6

FEDERAL RESERVE SYSTEM

7/11,67

WASHINGTON 25. D. C.
ADDRESS OFFICIAL CORRESPONDENCE

Llgt'
4,4.0

TO THE BOARD

July 11, 1557

Mr. Wm. T.
Burton, President,
14111. T.
Burton Industries, Inc.,
SulPhur, Louisiana.
i)ear Mr.
Burton:
This refers to your request submitted through the Federal
Reserv
of th e Bank of Atlanta for a determination by the Board of Governors
e Federal Reserve System as to the status of Wm. T. Burton
"Lluz3tr'
les, Inc., Sulphur, Louisiana, as a holding company affiliate.
From the information submitted, the Board understands that
T. Burton
for
Industries, Inc., is primarily engaged in exploration
and
Production of oil and, through its subsidiaries, is also
InIalT in various activities unrelated to banking; that Wm. T. Burton
st04'ries, Inc., owns 15,302.5 of the 25,000 outstanding shares of
char1 of The
Calcasieu-Marine National Bank of Lake Charles, Lake
nati es, Louisiana, and minor investments in stock of two other
banks also located in Lake Charles; and that Wm. T. Burton
arly s
'
--ir es, Inc., does not, directly or indirectly, own or control
above °c
ok °f any banking institutions other than those mentioned
The 4, r manage or control any banking institution other than
'
casieu-Marine National Bank of Lake Charles.
Wm, T. B In view of these facts the Board has determined that
as ,
urton Industries, Inc., is not engaged, directly or indirectly,
barii'tspusiness in
holding the stock of, or managing or controlling,
the '
m banking associations, savings banks, or trust companies within
and, eaning of section 2(c) of the Banking Act of 1933, as amended;
a holo
r°rdingly, Wm. T. Burton Industries, Inc., is not deemed to be
;",comPany affiliate except for the purposes of section 23A
(If th(
the 13- Federal Reserve Act, and does not need a voting permit from
Oalrld of Governors
in order to vote the bank stock which it owns.
'31-=t out

If, however, the facts should at any time differ from those
aboveto an extent which would indicate that Wm. T. Burton
might be deemed to be so engaged, this matter should




19IO
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

X. Wm.
T. Burton

_2-

again be submitted to the Board. The Board reserves the right to
2eind this determination and make a further determination of this
matter
any time on the basis of the then existing facts.




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.

1941
BOARD OF GOVERNORS
OF THE

Item No. 7

FEDERAL RESERVE SYSTEM

7/11/57

WASHINGTON 25, O. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

**7
4L tit

July 11, 1957

Board of Directors,
First State Bank of Corpus Christi,
Corpus Christi, Texas.
Gentlemen:
This refers to your request for permission,
!
Ind" applicable provisions of your condition of mem?ership numbered 1, to exercise fiduciary powers,
l ted, however, to a specific appointment.
Following consideration of the information
Submitted, the Board of Governors of the Federal Reserve
...Ystem grants permission to the First State Bank of Corpus
ehristi, Corpus Christi, Texas, to act as trustee under a
collateral trust indenture securing collateral trust notes
2f Southern
Bankers Investment Company,. Corpus Christi,
Texas, with the understanding that it will not accept
4Y other fiduciary appointments without first obtain-.
.t the permission of the Board.

1




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.

1942
BOARD OF GOVERNORS
OF THE

Item No.

FEDERAL RESERVE SYSTEM

8

7/11/57

WASHINGTON 25, D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

*4'10o,4.0*

July 11,

1957

Dear Sir:
It will be appreciated if your Bank will obtain rePorts of credit extended to real estate mortgage lenders as
Of August
14, 1957, from weekly reporting member banks in your
District in
accordance with the attached form. The coverage
_nd content will be the same as in the August 1955 and 1956
!urveys; other
surveys have omitted the banks that reported
teas than $1 million in loans and commitments at the preceding
august surveys and the memorandum items on FHA and VA loans.
Please mail or telegraph the District survey figures
for all
items and sub-items in the report, 1.a through 4.e, in!lusive, to reach the Board's offices by Monday, August 26; the
reports of the individual banks need not be forwarded.
Very truly yours,
(Signed) S. R. Carpenter
S. R. Carpenter,
Secretary.
EnclosUre

TO (mit,
-,LE, PRESIDENTS OF ALL FEDERAL RESERVE BANKS




194,
BOARD OF GOVERNORS

Vsr

OF THE

FEDERAL RESERVE SYSTEM

Item No. 9

7/1l/'7

WASHINGTON

OFFICE OF THE CHAIRMAN

July 11, 1957

The Honorable
Estes Kefauver, Chairman,
Antitrust and Monopoly Subcommittee,
Committee
on the Judiciary,
United States
Washing ton 25,Senate,
D. C.
Dear Senator
Kefauver:
Receipt is acknowledged of your letter of June 24, 1957,
8
(17ta '()/, the views of the Board of Governors regarding S. 2220
is identical with H.R. 2142), a bill to amend the Sherman
Act to dee_
iare the primacy of free enterprise.
t:: bill would declare that it is the policy of the
s ali
United t
that to the maximum extent practicable the principles
Of
ma4.ires Private
enterprise embodied in the antitrust laws shall be
to tained; that no officer, agency, board or commission authorized
elj.Ipprove arrangements involving exemption from the antitrust laws
sZ-1;1. grant approval of such exemption unless other statutory responof,
4 41-ties require it; that where Congress has authorized any
3 agency, board or commission to restrict entry into an
the"urY, such authority shall be exercised in a manner to give
law maximum effect practicable to the objectives of the antitrust
4 .4, and that
no proceeding instituted by the United States charging
rea °Iation of the antitrust laws shall be barred or stayed for the
ax.rn that any official, agency, board or commission has or is
vi!ing
4:1jurisdiction over the activities included in the alleged
1.1on.
The Board is entirely in sympathy with the objectives of
.Z..arltitrust laws. The Board is not authorized to grant exemption
pe,:.the antitrust laws. However, in passing on applications for
lesion to establish branches by banks, on applications for voting
'




1944

Senator Kefauver.

.2.

P rmits for bank holding companies, and upon mergers and consolidaj
lons of banks where its approval is required, the Board considers
the Possible existence
nc of any undue lessening of competition among
banks
The Board is authorized to "restrict entry into an industrvil '7 in connection with authorizing the formation under
enction 25(a) of the Federal Reserve Act of corporations to engage
f°reign banking, and the formation of a new bank holding company
,
7er section
3(a) of the Bank Holding Company Act of 1956. The
would not affect the objectives of the antitrust laws. The
larT?r
t
or 'er Act provides, in section 3(c)(5), that in determining whether
uherrt to
approve any such transaction, the Board shall consider
r or not the effect of the transaction would be inconsistent
741:184 adequate
and sound banking, the public interest, and the
Pee servation
of competition in the field of banking. In addition,
beTon 11 of the Act provides that nothing therein contained shall
0,,.. interpreted
or construed as approving any act which is a violation
oji .e.. isting law, nor be a defense to any suit instituted on account
''fly Prohibited antitrust or monopolistic conduct.

l




Sincerely,
(Signed) Wm. McC. Martin, Jr.
McC. Martin, Jr.

1945
BOARD OF GOVERNORS
%Ottitol,..!•4

OF THE

FEDERAL RESERVE SYSTEM

*

Item No. 10

7/11/57

WASHINGTON 25. D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

July 11, 1957

11r, Paul C.
Fitetzelberger, Vice President,
Federal Reserve Bank of Cleveland,
Cleveland 1
Ohio.
Dear 4.. Stetzelberger:
In accordance with the request contained in your
letter of July
5, 1957, the Board approves the appointment
of Jl
.mes C. hitchell as an assistant examiner for the Federal iteserve Bank of Cleveland. Please advise as to the date
on which
the appointment is made effective.




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.

(At
BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM

Item No. 11
7/W57

WASHINGTON 25. D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE

soARo

July 11, 1957

Mr. Geo. E. Kroner, Vice President,
Federal Reserve Bank of St. Louis,
St. Louis 2, Missouri.
Dear Mr. Kroner:
In accordance with the request contained in your
letter of July 3, 1957, the Board approves the appointment
of Mr. Rolla Thomas Reed as an assistant examiner for the
Federal Reserve Bank of St. Louis. If the appointment is
not made effective July 22, as planned, please advise the
Board.




Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Assistant Secretary.