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467
Ameeting of the Board of Governors of the Federal Reserve System was held in Washington on Saturday, March 27, 1937, at 11:30 a. in.
PRESENT:

Mr. Ransom, Vice Chairman
Mr. Broderick
Mr. McKee
Mr. Morrill, Secretary
Mr. Bethea, Assistant Secretary
Mr. Carpenter, Assistant Secretary

Consideration was given to each of the matters hereinafter referred to and the action stated with respect thereto was taken by the
80erd:
Letter to the board of directors of "The Callaway Bank", Fulton,
Missouri, stating that, subject to the conditions of membership numbered
1 to 6 contained in the Board's Regulation. H and the following special
conditions, the Board approves the bank's application for membership in

the Federal Reserve System and for the appropriate amount of stock in
the

Federal Reserve Bank of St. Louis:
tt7
.

Such bank shall make adequate provision for depreciation in its banking house and furniture and fixtures.

"8.

Prior to admission to membership, such bank, if it
has not already done so, shall charge off or otherwise eliminate estimated losses of $10,946.32, as
shown in the report of examination of such bank as of
February 8, 1937, made by an examiner for the Federal
Reserve Bank of St. Louis."
Approved unanimously, together with
a letter to Mr. Martin, President of the
Federal Reserve Bank of St. Louis, reading
as follows:

"The Board of Governors of the Federal Reserve System
ePproves the application of 'The Callaway Bank', Fulton,
Missouri, for membership in the Federal Reserve System, sub-




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"ject to the conditions prescribed in the inclosed letter which
you are requested to forward to the board of directors of the
institution. Two copies of such letter are also inclosed,
one of which is for your files and the other of which you are
requested to forward to the Commissioner of Finance of the
State of Missouri for his information.
"The report of examination of the bank as of February
8, 1937, indicates that the bank was carrying three loans in
excess of 10% of its capital and surplus secured by stock and
bond collateral. It is suggested that the management's particular attention be celled to the provisions of section 11(m)
of the Federal Reserve Act with respect to the limitations on
loans by member banks secured by stock and bond collateral.
"From the transcript appearing on page 12 d and the examiner's comments on page 21 of the report, it appears that
the bank has purchased bonds below par which were set up on
the books of the bank at par, the difference being credited
to undivided profits. It is understood from the report of
examination that the bank's practice in this respect is contrary to the provisions of State law. As you were advised
in the Board's letter of May 7, 1934 (X-7889), transactions
by member banks which result in bonds being set up on the
books of the bank at a figure in excess of their market value
might involve possible criminal violations of the Federal
statutes which would have to be reported to the Department of
Justice. It is suggested, therefore, that you call this matter to the particular attention of the management
with the
request that the practice be changed.
"The papers submitted with the bank's application did
not include a copy of the form of
capital notes which the bank
has sold to the R. F. C. In order
that the Board's records
may be complete, it will be appreciated if
you will forward
such a copy to the Board, in the light
of its letter of December 26, 1934 (X-9060).
"It is noted that the report of examination of The
Callaway Bank indicates that it has outstanding
a
loan
of
$25,00
0
to A. G. Edwards & Sons, broker
s, St. Louis, Missouri, colletsraled by sundry listed stocks. As you know,
section 8(a)
of the Securities Exchan
ge Act of 1934 forbids members of national security exchanges and certain brokers
or dealers from
borrowing, directly or indirectly, in the ordina
ry course of
business as a broker or dealer on any registered securi
ty
(other than an exempted security) from any
nonmember bank unless the bank has filed a specified agreem
ent with the Board.
Accordingly, since The Callaway Bank has not filed such an
agreement, there might ordinarily be some questi
on as to
Whether the firm of A. G. Edwards & Sons has
not violated this
Provision of the Securities Exchange Act. The report of examination indicates further, however, that the collateral
for




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"this loan is held by the Mercantile Commerce Bank and Trust
Company, St. Louis, Missouri. This makes it seem probable
that A. G. Edwards & Sons originally borrowed from the Mercantile Commerce Bank and Trust Company, which would be permissible since the bank is a member bank, and that The Callaway Bank merely acquired the loan from the Mercantile Commerce
Bank and Trust Company at some later time without A. G. Edwards & Sons ever borrowing, directly or indirectly, from The
Callaway Bank. It is assumed that you have satisfied yourself that this is the situation and, therefore, the Board
plans to take no further action with respect to this matter
unless it should hear from you further in this connection."
Letter to Mr. Bill, Vice President of the Federal Reserv
e Bank
Of

Philadelphia, reading as follows:
"Receipt is acknowledged of your letter of March 23,
1937, with regard to the proposed retirement, by
'The Hanover
National Bank of Wilkes-Barre', Wilkes-Barre, Pennsylvania
,
of $1,250 of its outstanding prefer
red stock held by the
Reconstruction Finance Corporation.
"It is understood that the Comptroller of the Currency
has advised the bank that his office would
interpose no objection to the retirement of the amount in question,
provided that a reserve of like amount for payment of
dividends
in common stock is established, and
provided further, that,
because of the fact that the bank has been granted trust
Powers and there might be a question as to the suffic
iency
Of the bank's capital, the Board
of Governors likewise either
approve or interpose no objection to the transaction.
It is
understood also that the liquidation of the bank's trust
department is progressing as rapidly as possible and that the
trust assets have been reduced to a comparativel nomina
y
l
figure, amounting to only $21,000 as of January 25, 1937
the
date of the latest examination.
"In view of all of the circumstances, and in accordance
with your recommendation, the Board interp
oses no objection
to the proposed retirement of preferred stock, provid
ed that
a corresponding amount will be placed
in a reserve for dividends payable in common stock in compliance with the requir
eMents of the Comptroller of the Currency. Please advise the
bank accordingly."




Approved unanimously.

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470

Thereupon the meeting adjourned.

Vice Chairman.