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985 A, meeting of the Board of Governors of the Federal Reserve Syswas held in Washington on Friday, July 16, 1937, at 11:00 a. m. PRESENT: Mr. Mr. Mr. Mr. Eccles, Chairman Ransom, Vice Chairman Broderick Davis Mr. Mr. Mr. Mr. Morrill, Secretary Bethea, Assistant Secretary Carpenter, Assistant Secretary Clayton, Assistant to the Chairman Consideration was given to each of the matters hereinafter retalTed and the action stated with respect thereto was taken by the The minutes of the meeting of the Board of Governors of the Fed"8,1 Reserve System held on July 15, 1937, were approved unanimously. Telegrams to Messrs. Kimball and Clark, Secretaries of the Padaral Reserve Banks of New York and Atlanta, respectively, stating that the Board approves the establishment without change by the New 1°It bank on July 15, 1937, and by the Atlanta bank today, of the rates Of cliscount and purchase in their existing schedules. Approved unanimously. Memorandum dated July 13, 1937, from Mr. Goldenweiser, Director or the Division of Research and Statistics, recommending that Miss M. llizabath Barnett be appointed on a permanent basis as a clerk in the t"181°1, with no change in her present salary at the rate of $1,440 15" aluttlm, effective at the close of her temporary appointment on July 19' 1937) Provided that she passes satisfactorily the usual physical 6/aliatation. Approved unanimously. 986 7/16/37 -2dated Ally 15, 1937, from Mr. Morrill recommending the aPPointment of Miss Lois W. Jones as nurse in charge of the first aj r43an in the Board's new building, with salary at the rate of $1,800 Per annitm, effective as soon as she may be released from her present position $ after having passed satisfactorily the usual physical examination. The Memorandum stated that under an arrangement effective as of July 1, 1935$ the Board has been reimbursing the office of the Comptroller of the --"'enoY $600 per year toward the payment of the salary of Miss Plore„ -ce Coombs, a nurse at the Treasury Department, whose services cluring that period have been available to the Board's employees, and recoramended that, inasmuch as that service will no longer be required after the move to the Board's new building, the arrangement with the ecMPtroller's office be terminated effective as of August 1, 1937. The Ze:coranditn also stated that the matter had been discussed with Mr. Birgtelc1) Chief Clerk at the Treasury Department, who advised that the ter111144tioa of the arrangement as of August 1, 1937, would be satisfactory to " h rice. Approved unanimously. Memorandum dated July 15, 1937, from Mr. Morrill, recommending the , 'PPointment of Mr. Louis N. Bertol as Captain of the Guard to have char,Of the protection force in the Board's new building, with salary at the /late of av1,800 per annum, effective as soon as his services may be vai, ' table after having passed satisfactorily the usual physical ex- Approved unanimously. 987 7/16/37 -3Letter to the board of directors of the "Ecorse Savings Bank", Ecorse, Michigan, stating that, subject to the conditions of membership MIlibered 1 to 3 contained in the Board's Regulation H, and the followspecial condition, the Board approves the bank's application for MeMbership in the Federal Reserve System and for the appropriate amount r stock in the Federal Reserve Bank of Chicago: "4. Such bank shall make adequate provisions for depreciation in its banking house and furniture and fixtures." Approved unanimously, together with a letter to Mr. Schaller, President of the Federal Reserve Bank of Chicago, reading as follows: "The Board of Governors of the Federal Reserve System 1PP1 6 -oves the application of the 'Ecorse Savings Bank', Ecorse, 4ichigan, for membership in the Federal Reserve System, subject to the conditions prescribed in the inclosed letter which You are requested to forward to the board of directors of the , , IIstitution. Two copies of such letter are also inclosed, T" a a of which is for your files and the other of which you a requested to forward to the Commissioner of the Banking Department of the State of Michigan for his information. will be noted that the Board has not prescribed the"It aPecial condition recommended by your committee prohibit4 the bank from increasing above $i;55,000 its aggregatein.,!atment in banking house and furniture and fixtures. Since ,vae revision of the standard conditions of membership, it nclt been the practice of the Board to prescribe condini ns relating to the investments in bank premises and furandc fixtures except in special cases where the ciruretances indicated the desirability of so doing. It is understood from Mr. Young that such circumstances do not st in this case and that the elimination of the condition satisfactory to your bank. fi, "With reference to the four accounts listed in the conas"ntial section of the report as being improperly carried pifivings deposits, it is assumed that, if the bank comti:es its membership, you will call the management's attens to the fact that such accounts should be carried in ()Me other manner." ; 7/16/37 -4Letter to Honorable Clyde L. Herring, United States Senate, reading as follows: "This refers to your letter of June 22, 1937, addressed to Governor Davis and inclosing a letter you have received frora the First Bank and Trust Company, Ottumwa, Iowa, with reference to its difficulties in obtaining admission to memberabliP in the Federal Reserve System while retaining certain 24t-of-town branch offices. It is understood that the First Bank and Trust Company has capital stock amounting to ;;300,000. 111 vieof this fact, it appears that the difficulties to Which the bank refers grow out of the fact that it does not have the capital stock required by Federal law for the ad. ission to membership in the Federal Reserve System of State nanks having out-of-town branches. "The Federal Reserve Act requires a State bank applying for membership in the Federal Reserve System and having one or more out-of-town branches established subsequent to Febr i.lerY 25, 1927, to have the capital stock which a national bank is required by law to have in order to establish one or nre out-of-town branches. With certain exceptions, depend5 g on the population of the State in which located, section 155 of the Revised Statutes of the United States requires a national bank to have capital stock of at least 4500,000 in ar to establish a branch outside of the city of its head defica. There are also aggregate capital stock requirements, 4;Pending upon the number of branches established by a na,40n5l bank. Fi It is understood that the capital and surplus of the thr2t Bank and Trust Company, of Ottumwa, is 4:3350,000 and the bank has deposits of approximately ‘;1,600,000. Asiring that the assets of the bank are in good condition, it „ Clear that its present capital and surplus funds are &de:!-fte for the protection of its deposits. However, in view Bo ul the sPecific requirements of the Federal law and since the re " d is not vested with any discretion to waive the capital tl, uirementS contained in the law, it will be necessary for trust company to increase its capital stock to at least ;Inu,000 in order to be eligible for admission to membership sii7ler the present requirements of law. In the above discus1312 it has been assumed that one or more of the out-of-town TZ?es referred to in the letter from the First Bank and rual„ s alaPanY, of Ottumwa, was established subsequent to Febof ,f 5, 1927. As you know, February 25, 1927, is the date oth ' eua enacent enactment of the so-called McFadden Act which, among statr thiM's, authorized the retention by national banks and e member banks of branches in lawful operation on the r T 989 7/16/37 -5-"date of the enactment of such Act without requiring a bank to have any specific amount of capital in order to retain such branches. "While the letter of the First Bank and Trust Company dOes not make any reference to whether or not its branches exercise broad banking functions or merely certain limited functions, it has heretofore came to the Board's attention that in same instances offices are established by Iowa banks i th only limited functions. However, attention is invited ! 0 the fact that Congress, in defining the term 'branch' as ed in section 5155 of the Revised Statutes, has provided hat such term 'shall be held to include any branch bank, °Much office, branch agency, additional office, or any branch Pylace of business located in any State or territory of the ' Jnited States or in the District of Columbia at which deposits are received, or checks paid, or money lent.' In accordance with your request, the letter addressed to 17,, by ' the First Bank and Trust Company, of Ottumwa, is 4 111 , revurned herewith." r Approved unanimously. Letter to Mr. 'Post, Secretary of the Federal Reserve Bank of Philad elphia, reading as follows: wh. "Reference is made to your letter of July 9, 1937, in 1 ch You include an excerpt from a letter received by you r: alsing a question regardinw, section 5(d) of Regulation T. "Your letter is not entirely clear as to the question • fO1' which an answer is desired. As a result of a subsequent itelephone o conversation between yourself and a member of the ard's staff, however, it is understood that the question Intended to be presented may be stated as follows: 'Section 5(d) states that certain credit maintained without collateral or on collateral other than exempted or registered securities may be so maintained until January 1, 1938. Does section 5(d) l'equire the liquidation on or before this date of credit in a special account establishe pursuant d to section 5(b) of the regulation, i.e., credit , that is maintained without collateral or on collateral other than non-exempted registered securii ties but that is not for the purpose of purchascue or carrying securities or of evading or cir1114vanting the provisions of the regulation?' 990 7/1s/37 -6"In reply to this auestion you are advised that the time limitation in section 5(d) does not apply to credit provided or in section 5(h) and that, therefore, credit provided for in section 5(h) may be maintained without regard to the date specified in section 5(d)." Approved unanimously. Letter to Mr. Fry, Vice President of the Federal Reserve Bank Of Richmond, reading as follows: , "Receipt is acknowled7ed of your letter of July 8, ' 19 57, with inclosures, regarding the question whether the endorsement or guarantee by Mr. T. W. Norwood, Vice President of The Wilmington Savings and Trust Company, WhiningNorthip Carolina, of commercial paper sold to other enks, must be reported to the Trust Company as an indebtedness of an executive officer of a member bank under the Provisions of section 22(g) of the Federal Reserve Act and Of Regulation O. "It appears that Mr. Norwood is engaged in the business 9f selli-ng commercial paper as a broker. Some of this paper 8 sold with Mr. Norwood's endorsement or guarantee to banks in North Carolina or elsewhere. Proceeds of the paper are rarentlY made available directly to the makers and Mr. , ?rwood receiv es only his commission or fee for endorsing. also appears that Mr. Norwood is not active in the admnistration of the affairs of the Trust Company. "In view of the provisions of Regulation 0 to which You1 referred in your letter of Tune 30, 1937, to/tr. J. G. c,, ( , ) ,ruton, Vice President of The Wilmington Savings and Trust PsnY, it is clear that the sale to banks of paper bear11r. Norwood's endorsement or guaran tee results in an indebtedness to requir such which banks ed to report he is to n Trust Company under the provisions of the statute 4 section 5 of the regulation. It is understood that Mr. Norwood is not only Vice President of The Wilmington Savings and Trust Company, but co elso a director. While it is realized that the Trust oiTP8,nY is desirou s of retaining Mr. Norwood in his cepania4Y as Vice President as well as that of director, you the lr wish to call attention to the fact that, in view of sactProvisions in the last clause of subsection (b) of b e 1°11 1 of the regulation, if he should find it not to as Practicable to arrange his affairs so as to continue en executive officer of the Trust Company he may never- 1 7 991 -7"theless retain his position as director without the necessitY of making reports of his indebtedness to other banks." Approved unanimously. Letter to Mr. Young, Vice President of the Federal Reserve Bank °I' Chicago, reading as follows: "This refers to your letter of May 29, 1937, and previous correspondence with regard to the question whether the indebtedness of Mr. B. F. Kauffman, President of the Bankers Trust Company, Des Moines, Iowa, to such bank as trustee of the Bankers Employees Trust, is contrary to the Provisions of section 22(g) of the Federal Reserve Act. "It is understood that the Bankers Employees Trust, Of which the bank is trustee, was created by a declaration Of trust executed by the bank in March 1920; that the trust 4,...'411d is one accumulated as a savings fund to which the ofAcers and employees of the bank contribute monthly; and that When they contribute up to 5 per cent of their salary the bic contributes a like amount. It is also understood that °Ile of the purposes of the creation of the trust was to provide for loans from the fund to officers and employees of bank who are members thereof and that the trustee may a loan to a member in an amount not in excess of 95 1/ ..er crit of the amount of his contributions standing to his Tndit in the fund at the time the loan is made. In this nection, it is the Board's understanding that the loan _question to Mr. Kauffman did not exceed 95 per cent of :Mount of his contributions standing to his credit in the j fund. Other"In view of the small amount involved and all the circumstances of the case, the Board will offer no Ob.lection jection to the transact ion in question and you may, if desire, advise the Bankers Trust Company accordingly." Z Approved unanimously. Letter to the Presidents of all Federal reserve banks, readf011ows: b- "There is inclosed herewith a copy of a letter received the Board from Assistant Attorney General Brien McMahon, of which it is suggested that copies of reports of violations the criminal provisio ns of the banking laws of the United 992 7/16/37 -8"States which are commonly made to the Department of Tustice be transmitted to the respective local offices of the Federal Bureau of Investigation. In this connection there is also inclosed a copy of a memorandum from the Director of the Federal Bureau of Investigation which contains a list of the field offices of the Bureau. ."In accordance with the request of the Department of Justice, it will be appreciated if your bank will transmit , ,t0 the appropria te field office of the Federal Bureau of Investigation a copy of each report of apparent violations of the criminal provisions of the banking laws of the United States which is made to the local United States Attorney and copies of which transmitt are ed to the Board of Governors Pursuant to the procedure stated in the Board's letter of ollY 8, 1937 (S-12)." Approved unanimously. Mr. Morrill submitted a recommendation, which had been approved by the Personnel Committee, that the Board approve the payment to S. 4roame Eareckson, Washington, D. C., the swm of $174.00 for spreading 111168$ including cutting and binding for stand pipes, in the Board's 4e4 building, as set forth in purchase order No. 1778. Approved unanimously. Thereupon the meeting adjourned. Chairman.