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A meeting of the Federal Reserve Board was held in the office of the
Federal Reserve Board on Tuesday, Tilly 28, 1931, at 4:10 D. in.
PRESENT:

Governor Leyer
Nr. Hamlin
Mr. Miller
Mr. James
Mr. Magee
Mr. McClelland, Assistant Secretary.

The members of the Board had previously been in informal session disĀ°Using the two natters referred to below, on the basis of a report made by
the Governor of telephone conversations with the Governor of the Federal Reserve Bank of New York.
The Governor presented the following telegram just received from the
Governor of the Federal Reserve Bank of New York:
"Referring to our telephone conversations of this morning concerning Mr. li,cGarrah's cable relative to the setting up of the committee
recommended by the London Conference it was voted at the meeting of
our directors this afternoon to authorize the Governor of this bank
after taking up the matter with the Federal Reserve Board and the
Other Federal Reserve banks and after conferring with the principal
New York banks and Bankers who are creditors of Germany to suggest the
name of an American who would be available and qualified to serve on
the committee which the London Conference invited the Bank for International Settlements to set up, it being understood that such American
will not serve as a representative of the Federal Reserve Bank of New
York or the Federal Reserve System but as an independent American member
Of the committee. I hope you have no objection to this procedure. For
Your information and in accordance with the authority of our directors
today I propose to send the following telegram to the Governor of each
Of the other Federal Reserve banks and shall discuss with the Principal
creditor bankers in New York the question of the best available American
to serve on the proposed committee:
'I have received the following cable from the President of the
Bank for International Settlements:
"For Governor Harrison.
One-confirming my informal notification, recent London conference
recommended 'That the Bank for International Settlements should
be invited to set up without delay a committee of representatives
nominated by the Governors of the Central Banks interested to
inquire into the immediate further credit needs of Germany and
to study the possibilities of converting a portion of the shortterm credits into Long-terms credits'
Two-If you consider that your Central bank is interested within
the meaning of the above will you kindly advise me whether you
desire to appoint your representative and if so whom. UDOU



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7/28/31

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"receipt of names it will then be possible to deal with the
question of setting up the committee.
Three-Am addressing similar inauiries to the nine Governors
represented on our Board.
ESGarrah, President."
'This cable was obviously sent in identical form to us and to the
nine other banks of issue referred to in the cable.
While there is of course no central bank in the United States in
the sane sense that that phrase is used in other countries, it is
assumed that this communication was addressed to the Federal Reserve Bank of New York rather than to another Federal Reserve Bank
in the United States, first, because in dealing with central banks
the B I S is no doubt influenced by the provisions of its statutes
to the effect that, where a country has a banking system in lieu of
a single central bank, the bank forming part of such system which
is situated and operating in the principal financial center of the
country shall be considered as the central bank of that country,
and second, because the New York banks have much heavier commitments
in Germany than banks in other Federal Reserve Districts, the total
short term indebtedness of Germany to New York bara:s being about
four-fifths of the total due to all American banks on this account,
and third, because it has been a long established policy of the
Federal Reserve System to handle foreign business through the Federal
Reserve Bank of New York, all other Federal Reserve banks participating
prorata in such business. As to the substance of cable quoted above
we believe that quite apart from the public interest the American
banking community generally and the New York banks and bankers in
Particular are much interested in the inquiry to be made by the
Committee recommended by the London conference. In these circumstances
and because of the need for speedy action it is my thought that I
should confer promptly with you as well as the principal New York
bankers who are creditors of Germany in order to ascertain as soon
as possible who might be the most desirable available American to
serve on the proposed committee. If you and the Federal Reserve
Board express no objection to this procedure I shall then suggest
to Mr. McGarrah the name of the American who seems best suited for
the purpose in the light of all the available information but with
the understanding that if the committee is finally set up such
American shall not be a representative of the Federal Reserve Bank
of New York or the Federal Reserve System but rather an American
Whom we believe to be available and qualified to serve as an
independent member of the committee recommended by the London
Conference.'"
Upon motion, the following telegraphic
reply to Governor Harrison was approved and
ordered transmitted:
"Replying to your telegram, Board has considered the
procedure outlined and has no objection to offer thereto."
The Governor then presented another telegram just received from
Irernor Harrison
Digitized for()FRASER


reading as follows:

7/28/31
"Lt a meeting of our directors this afternoon it was voted
that whereas credit problems are arising from time to time in
central and Eastern European countries rising out of present
economic conditions in those countries, and whereas the Federal
Reserve Bank of New York is not in a position promptly to consider on the merits its participation in proposed credits to
Central banks in those countries as and when occasion arises,
and whereas the B I S has indicated its willingness to consider
giving financial assistance on its own responsibility in such
cases as may from time to time arise and to use its awn resources
in granting such credits as it may approve, therefore it is resolved that in order to cooperate as far as proper and possible
Iii the circumstances, the officers be authorized, subject to the
approval of the Federal Reserve Board, to arrange to make a time
deposit with the Bank for International Settlements in an amount
not to exceed :10,000,000 and for a period not to exceed six months.
"Will you please be good enough to advise me as promptly as
may be convenient whether the Federal Reserve Board approves of
this action of our directors. In taking this action the directors
voted to rescind the vote taken on July 2 relative to a proposed
deposit with the Bank for International Settlements and/or the
Purchase of prime commercial bills endorsed or guaranteed by
European Central Banks of issue, to which reference was made in
our telegram of July 2 to the Federal Reserve Board."
Er. Hamlin stated that in his opinion the Federal Reserve Bank of New
York has
legal authority to make the deposit with the Bank for International
Settlements referred to in the above telegram and that if no member of the
80ard questioned that authority he would vote in favor of the action taken by

the directors of the Federal Reserve Bank of New York in authorizing the deposit.
Ile stated, however, that if question were raised as to the authority of the
bexac he would move to secure an opinion on the matter from the Board's Counsel.
Er. Miller stated that even though the Board's Counsel should advise

that the Federal Reserve Bank of New York has the legal authority to make such
deposit he would not vote to approve the action of the New York directors.
The Governor then called Mr. Wyatt, the Board's General Counsel, into

the meeting and Er. Wyatt made the following statement:
"I think there is no doubt that the Federal Reserve Bank has
the right, with the permission of the Federal Reserve Board and
subject to such regulations as the Board may prescribe, to open an
account with the Bank for International Settlements and the opening



7/28/31

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"of such an account would carry the right to make a deposit with the
Bank for International Settlements. The right conferred by Section
14(e) to open accounts and appoint correspondents in foreign countries
applies to the Bank for International Settlements as well as to any
Other foreign bank. I think, however, that there is serious doubt
as to the legality of a time deposit for six months, because a Federal
Reserve bankts funds are entrusted to it for safe custody as the
ultimAte bank reserves of the United States. They are practically
held in trust and the whole theory of the Federal Reserve System is
that these funds will be held in a liquid form ready and available
to meet any emergency in this country. I think that if the Board
approves the proposal which has been submitted it can be criticized
on that ground, although I doubt that it could be successfully challenged
in the courts. I believe the Federal Reserve Act should be construed
liberally to meet changed conditions and I think any court would be
inclined to construe it liberally. The legality of establishing a
deposit balance in a foreign bank would be clearer, however, if it
were coupled with an arrangement for the foreign bank to use that
balance to purchase bills of exchange for the Federal Reserve bank
upon request from the latter. It was obviously the purpose of Section
14(e) of the Federal Reserve Act in authorizing the opening of accounts
in foreign countries to enable Federal Reserve banks to buy and sell
bills of exchange in those countries."
Mr. games then suggested that in lieu of the proposal which has been
444Mitted to the Board, the Federal Reserve Bank of New York might make an
8-1Tallgement to deposit with the Bank for International Settlements the sum of
'40,000,000 for the purchase of bills fram the portfolio of the Bank for Intertational
Settlements and bearing its endorsement.
After some discussion Governor Meyer
communicated this suggestion over the telephone
to the Governor of the Federal Reserve Bank of
New York and reported that Governor Harrison
would talk with Mr. McGarrah, President of the
Bank for International Settlements, regarding it.
The Governor also presented a telegram from the Deputy Governor of the
ecleral Reserve Bank of New York advising that no further purchases of sterling
/?ere made today.
Noted.
The meeting adjourned at 4:50 p. n6

%roved:



Assistant Secretary.
Governor.