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411

Minutes of actions taken by the Board of Governors of the Federal
Reserve System on Wednesday, May 11, 1955.

The Board met in the Board

Room at 10:00 a.m.
PRESENT:

Mr. Martin, Chairman
Mr. Szymczak
Mr. Vardaman
Mr. Mills
Mr. Robertson
Mr. Shepardson
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

Carpenter, Secretary
Sherman, Assistant Secretary
Kenyon) Assistant Secretary
Riefler, Assistant to the Chairman
Thomas, Economic Adviser to the Board
Vest, General Counsel
Young, Director, Division of Research and Statistics
Horbett, Assistant Director, Division of Bank Operations
Sprecher, Assistant Director, Division of Personnel Administration
Solomon, Assistant General Counsel
Hackley, Assistant General Counsel
Cherry, Legislative Counsel
Shay, Assistant Counsel

Reference was made to a memorandum dated May 4, 1955, from the
Division of Personnel Administration, which had been circulated to the
members of the Board) recommending the appointment of the following
Persons, with titles as indicated below, and with basic salary in each
instance at the rate of $2,950 per annum, effective as of the dates on
which they enter upon the performance of their duties:
Name
Stella M. Cornell
Loretta S. Hallman
Joann R. Jones
Delores L. Matera
Eleanor A. Murto
Madeleine S. Verdonck
Grace E. Warren




Title
Clerk-Stenographer
Clerk-Stenographer
Clerk-Typist
Clerk-Stenographer
Clerk Stenographer
Clerk-Stenographer
Clerk-Stenographer

5/11/55

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It was recommended that these individuols not be assigned to any particular position at this time as they would not be able to report for duty
until after graduation from high school; and, if positions were not available at the time they reported for duty, that the salaries be absorbed by
the Division of Personnel Administration until such time as assignments
were made.
Approved unanimously.
The following letters to Mr. Wiltse, Vice President, Federal Reserve Bank of New York, which had been circulated to the members of the
Board, were presented for consideration:
Reference is made to your letter dated April 11, 1955,
with respect to the informal advice received from Mr.
Bayard Pope, Chairman of the Executive Committee of Marine
Midland Corporation, to the effect that Marine Midland
Corporation proposes to acquire the controlling stock of
the Auburn Trust Company, Auburn, New York.
On the basis of preliminary information, the Board of
Governors has no objection at this time to the transaction.
However, its final action with respect thereto will be
based on a review of the terms of the formal agreement and
factors to be considered in connection with the voting permit application, if such application is filed.

A letter is going forward to you today with reference
to the proposal of the Marine Midland Corporation to acquire the controlling stock of the Auburn Trust Company,
Auburn, New York, and the Board has received advice of a
similar proposal with respect to The Jamaica National Bank
of New York.
In recent months the Board has considered a number of
proposals resulting in further expansion of the holdings of
the Marine Midland Corporation and there is no indication
of intention on the part of the Corporation to limit the




5/11/55

-3-

scope and aggressiveness of its expansive activity. In the
circumstances, it would seem desirable to obtain as definite
information as may be possible with regard to probable and
contemplated further expansion on the part of the Corporation although it is realized that further acquisitions will
depend in a measure upon the development of opportunities.
It will be appreciated, therefore, if you will make inquiry
along the line suggested and advise the Board of your findings.
In the course of a discussion of the foregoing letters during which
Governor Balderston joined the meeting, after opening the biennial meeting
Of the Conference of General Auditors of the Federal Reserve Banks, Governor Robertson stated that the second letter had been prepared at his suggestion because he considered it desirable to obtain information with regard to the plans of Marine Midland Corporation for further acquisitions
of banks in view of the number of acquisitions in recent years and current
proposals.

Such information, he said, would furnish the basis for any dis-

cussion which the Board might wish to have with representatives of the corporation.

Governor Robertson also mentioned that several years ago the Fed-

eral Reserve Bank of New York made a survey of Marine Midland Corporation's
activities at the request of the Board, but that the data accumulated at
that time were in need of revision due to interim developments.
Governor Vardaman stated that he had reservations concerning the
procedure contemplated by the letter because he did not think it was essential to request information from Marine Midland Corporation concerning
Its future plans, he doubted the advisability of requesting any private
organization to report on its contemplated activities, and he could not
recall any other case where a concern had been asked to advise the Board
of its plans.




It seemed preferable to him to consider each proposed bank

5/11/55

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acquisition on its merits at the time the proposal came before the Board.
He also questioned whether it was advisable for the Board to obtain information regarding Marine Midland Corporation's plans for the future
from the standpoint that a failure on the part of the Board to offer objection on the basis of the information submitted might be taken as a commitment of approval.

Governor Vardaman concluded by saying that, having

expressed his reservations, he would not object to the sending of the letter if the other members of the Board felt that it should be sent.
Following further discussion, during
which it was pointed out that in the past
Marine Midland Corporation representatives had discussed the corporation's
plans with members of the Board voluntarily, the letters to Vice President
Wiltse were approved unanimously.
The following matters, which also had been circulated to the members of the Board, were presented for consideration and the action taken
in each instance was as indicated:
Letter to the Board of Directors, The Union Bank of Commerce ComPanY, Cleveland, Ohio, reading as follows:
Pursuant to your request submitted through the Federal
Reserve Bank of Cleveland, the Board of Governors hereby
gives its written consent, under the provisions of Section
18(c) of the Federal Deposit Insurance Act, to the absorption of The American Savings Bank Company, Cleveland, Ohio,
by The Union Bank of Commerce Company and approves the establishment by the latter bank of a branch at 828 Huron
Road, Cleveland, Ohio, provided (a) the absorption of The
American Savings Bank Company is effected substantially in
accordance with the agreement between the parties dated
April 1, 1955; (b) formal approval of the absorption and
the establishment of the branch is obtained from the appropriate State authorities; and (c) the absorption and
establishment of the branch are effected by June 30, 1955.




5/11/55

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It is understood that the fixed assets to be acquired from The American Savings Bank Company are not to
be placed upon the books of The Union Bank of Commerce
Company.
Approved unanimously, for
transmittal through the Federal
Reserve Bank of Cleveland.
Letter to the Board of Directors, County Bank of Santa Cruz, Santa
Cruz, California, approving, subject to conditions of membership numbered
1 and 2 contained in the Board's Regulation H and the following special
condition, the Bank's application for membership in the Federal Reserve
System and for the appropriate amount of stock in the Federal Reserve Bank
Of San Francisco:
3.

Within six months from the date of admission to membership, such bank shall dispose of any loans secured
in whole or in part by its own stock or obtain the
substitution of other adequate security.

The letter also contained the following paragraph:
The Board of Governors also approves the retention and
Operation by County Bank of Santa Cruz of existing branches
located at 1237 Soquel Avenue, Santa Cruz, and in the towns
of Felton and Soquel, all in California.
Approved unanimously, together
with a letter to Mr. Earhart, President, Federal Reserve Bank of San
Francisco, reading as follows:
The Board of Governors of the Federal Reserve System approves the application of County Bank of Santa Cruz, Santa
Cruz, California, for membership in the Federal Reserve System, subject to the conditions prescribed in the enclosed
letter, which you are requested to forward to the board of
directors of the institution. Two copies of such letter
are also enclosed, one of which is for your files and the
other of which you are requested to forward to the Superintendent of Banks for the State of California, for his information.
It is assumed that you will follow to a satisfactory conclusion the matter of the bank's bringing into conformity with
the provisions of law and the Board's regulations the reporting of outside borrowings of executive officers and the nonconforming savings accounts mentioned in the report of examination
for membership.




5/11/55

-6-

Letter to the Board of Directors, American Trust Company, San
Francisco, California, reading as follows:
Pursuant to your request submitted through the Federal Reserve Bank of San Francisco, the Board of Governors
approves the establishment of a branch by American Trust
Company on California Avenue at a point between Harvard
and Hanover Streets, Palo Alto, California, provided (a)
the Superintendent of Banks for the State of California
gives his permission to establishing the branch at the
new location, and (b) the branch is established within
one year from the date of this letter. This approval supersedes the Board's approval on April 22, 1955, of your
establishing a branch on California Avenue between Cornell
and Princeton Streets, Palo Alto, California.
Approved unanimously, for
transmittal through the Federal
Reserve Bank of San Francisco.
Letter to the Comptroller of the Currency, Treasury Department,
Washington, D. C., (Attention: Mr. L. A. Jennings, Deputy Comptroller of
the Currency), reading as follows:
Reference is made to a letter from your office dated

March 24, 1955, enclosing photostatic copies of an application to organize a national bank at Beaver Falls, Pennsylvania, and requesting a recommendation as to whether or
not the application should be approved.
Information contained in a report of investigation of
the application made by an examiner for the Federal Reserve
Bank of Cleveland discloses generally favorable findings
with respect to the factors usually considered in connection with such proposals. The Board of Governors, therefore, recommends approval of the application.
The Board's Division of Examinations will be glad to
discuss any aspects of this case with representatives of
your office, if you so desire.
Approved unanimously.
There was presented a request from Mr. Sprecher, Assistant Director,
Division of Personnel Administration, for authority to travel to Atlanta,




5/11/55

-7-

Georgia, during the period May 18-20, 1955, to attend, as associate member, a meeting of the Retirement Committee, Retirement System of the Federal Reserve Banks.
Approved unanimously.
On April 21, 1955, the Board met with representatives of the Sullivan State Bank, Sullivan, Indiana, who presented reasons for opposing
an application made by the organizers of the proposed "Farmers State Bank
of Sullivan", Sullivan,Indiana, for membership in the Federal Reserve
System.

Prior to that meeting, there had been circulated to the members

Of the Board various documents relating to the membership application, including a memorandum dated April 15, 1955, from the Division of Examinations which recommended that the application be approved subject to the
usual conditions of membership and a special condition that the bank have
a

paid-in capital of $75,000, surplus of $50,000, and other capital funds

Of not less than $25,000 at the time of admission to membership.

SUbse-

qUently, there had been circulated to the members of the Board a memorandum
dated April 22, 1955, from Mr. Sloan, Director, Division of Examinations,
which stated that the spokesmen for Sullivan State Bank had not presented
44Y information which would cause the Division of Examinations to alter its
favorable recommendation.
In a discussion of the matter, Governor Robertson said that, as he
Saw it, the situation was typical of a community where a single bank had operated and grown for a number of years without competition and, wanting to




S17

5/11/55

-8-

grow further, opposed all efforts to organize a competitive institution.
While acknowledging that an application for a new bank should not be approved if the community in question did not appear to be capable of SLIDPorting more than one bank, he felt that banking competition should be
fostered wherever feasible as a safeguard in the public interest.

In re-

viewing reasons for approving the membership application of the proposed
new bank in Sullivan, he said that the opposition of the Federal Deposit
Insurance Corporation had been removed, that the proposed capital structure would be adequate, that the organizers were of good reputation, that
a substantial number of persons residing in Sullivan evidently patronize
out-of-town banks, and that the town of Sullivan admittedly is a trading
center for the area, this being in fact the reason given by the representatives of Sullivan State Bank for the large number of checks drawn on
banks outside the community.

He went on to say that while the town and

the county have not experienced growth in population, there is evidently
much more money in the community today than eight or ten years ago.

With

regard to the poor banking record of the county, he felt that the situation
was now entirely different, not only because of the larger amount of money

in the community but because of the availability of deposit insurance and
similar protective factors.

After bringing out that opposition to the pro-

Posed new bank seemed to center around the question of the need for additional banking facilities, Governor Robertson said that he favored approval
Of the application, it being his conclusion that the community would be
able to sustain competition.




5/11/55
Chairman Martin stated that his study of the case led to a different conclusion.

He said that if the Board was going to review bank

applications on any basis other than general principles, it would seem
necessary to take into consideration the factors concerning which one
had personal knowledge.

On the basis of his familiarity with conditions

in Sullivan County and in the town of Sullivan, his analysis of the balance sheet of Sullivan State Bank, and the banking record and economic
history of the territory, he found it difficult to believe that additional
banking facilities were needed.

He also felt that there was something to

be said for giving protection to parties who had carried on in the banking
business through bad times, and he added that the economy of the area was
not yet showing any substantial improvement.

Therefore, in spite of his

agreement with the general principle that banking competition should be
encouraged wherever possible, he was not able to persuade himself that the
need for a bank in Sullivan was such as to warrant approval of the membership application.
Governor Mills said that on various occasions during his banking
experience he had had misgivings concerning the introduction of banking
competition into a community, but that his fears of overbanking had never
been realized.

In the light of that experience and on the basis of his

study of the application in question, he favored approval of the application.
Governor Vardaman stated that he was familiar with Sullivan County
and felt that there was sufficient business available to warrant another




-10-

5/11/55

banking institution of modest size.

He also commented that approval of

the application would be in line with his general approach to the problem
of new bank charters and that if the bank were established, its operations
would be subject to scrutiny by the bank supervisory authorities.
Governor Szymczak said that he was not familiar with Sullivan
County but that, based on the file concerning the application and the
the picture
representations made by spokesmen for the Sullivan State Bank,
seemed to be one of a group feeling that it had done a great deal for the
.
community and that others should not be permitted to enter the territory
In view of this situation, along with other factors, it was his opinion
that the application of the Farmers State Bank should be approved.
thinkGovernor Balderston indicated that he was influenced in his
ing on the matter by the declining population, mining and economy of Sullivan County, leaving the area dependent mostly on agriculture.

He also

Pointed out that according to the facts presented, any person who wished
to do business with a bank other than Sullivan State Bank could reach such
an institution within a matter of minutes.

After calling attention to the

Poor record of banking in Sullivan County, he said it was his conclusion
that the Board should deny the application on the grounds that the business and economic situation did not justify the establishment of an additional bank.
ons
Governor Shepardson stated that he had been studying applicati
for bank charters which had come to the attention of the Board recently




S20
5/11/55

-11-

in an effort to determine a pattern which would indicate the general approach that should be followed, but that so far he had reached no firm
conclusions.

He said that in general he was inclined toward the idea of

encouraging competition and that the economic situation in Sullivan County
might not be so bad as the population trend would indicate since the increased dependence upon agriculture might have had the result of producing larger total income in spite of the decline in population.

On the

Other hand, he recalled that recently the Board recommended unfavorably
on an application for a national bank in a growing community, and he commented that such action would appear rather inconsistent with favorable
consideration in the case of a new bank in Sullivan County, which has been
a static or deteriorating community.
Following further discussion, approval was given to a letter to the
organizers of Farmers State Bank of
Sullivan, Sullivan, Indiana, reading
as follows, Governors Szymczak, Vardaman, Mills, and Robertson voting "aye",
Chairman Martin and Governor Balderston
voting "no", and Governor Shepardson
not voting:
The Board of Governors of the Federal Reserve System approves the application made on behalf of the Farmers State Bank
Of Sullivan, Sullivan, Indiana, for stock in the Federal Reserve
Bank of St. Louis, effective if and when the bank is authorized
to commence business by the appropriate State authorities, subject to the numbered conditions hereinafter set forth:
1. Such bank at all times shall conduct its business and exercise its powers with due regard to
the safety of its depositors, and, except with
the permission of the Board of Governors of the
Federal Reserve System, such bank shall not cause




5/11/55

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or permit any change to be made in the general character of its business or in the
scope of the corporate powers exercised by
it at the time of admission to membership.
2. The net capital and surplus funds of such
bank shall be adequate in relation to the
character and condition of its assets and
to its deposit liabilities and other corporate responsibilities.
3. At the time of admission to membership such
bank shall have paid-in capital stock of
*75,000, surplus of 50,000, and other capital funds of not less than25,000.
In connection with the foregoing conditions of membership, particular attention is called to the provisions of the
Board's Regulation H, as amended effective September 1, 1952,
regarding membership of State banking institutions in the Federal Reserve System, with especial reference to Section 7 thereof. A copy of the regulation is enclosed.
If at any time a change in or amendment to the Bank's
charter is made, the bank should advise the Federal Reserve
Bank, furnishing copies of any documents involved, in order that
it may be determined whether such change affects in any way the
bank's status as a member of the Federal Reserve System.
Acceptance of the conditions of membership contained in
this letter should be evidenced by a resolution adopted by the
board of directors after the bank's Certificate of Incorporation
is issued by the Secretary of State. The board of directors
should also adopt, at the same time, a resolution ratifying the
action which has been taken in the bank's behalf in making application for membership in the Federal Reserve System. A certified copy of each resolution, together with advice of compliance with the condition to be complied with prior to admission
to membership, should be transmitted to the Federal Reserve Bank.
Arrangements will thereupon be made to accept payment for an appropriate amount of Federal Reserve Bank stock, to accept the
deposit of the required reserve balance, and to issue the appropriate amount of Federal Reserve Bank stock to the bank.
The time within which admission to membership in the Federal Reserve System in the manner described may be accomplished
is limited to 30 days from the date of this letter, unless the
bank applies to the Board and obtains an extension of time.
When the Board is advised that all of the requirements have been
complied with and that the appropriate amount of Federal Reserve
Bank stock has been issued to the bank, the Board will forward
to the bank a formal certificate of membership in the Federal
Reserve System.




;
• Vart34

5/11/55

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The Board of Governors sincerely hopes that you will
find membership in the System beneficial and your relations
with the Reserve Bank pleasant. The officers of the Federal Reserve Bank will be glad to assist you in establishing
your relationships with the Federal Reserve System and at
any time to discuss with representatives of your bank means
for making the services of the System most useful to you.
In this connection, approval
also was given by the same vote
to a letter to Mr. Johns, President, Federal Reserve Bank of St.
Louis, reading as follows:
The Board of Governors of the Federal Reserve System

approves the application made on behalf of the Farmers State
Bank of Sullivan, Sullivan, Indiana, for membership in the
Federal Reserve System, effective if and when the bank is
authorized to commence business by the appropriate State
authorities, subject to the conditions prescribed in the enclosed letter, which you are requested to forward to the
board of directors of the institution. Two copies of such
letter are also enclosed, one of which is for your files and
the other of which you are requested to forward to the Director, Department of Financial Institutions for the State
of Indiana, for his information.
Before issuing stock in the Federal Reserve Bank of St.
Louis to the new State institution, you are requested to
satisfy yourself that a Certificate of Incorporation has
been issued by the Secretary of State, that its capital
stock of *75,000 and surplus of :1;50,000 has been paid in,
and not less than :;
1 25,000 of other capital funds provided
as set forth in the plan submitted. At such time your Counsel should review all steps taken in the organization of the
bank, and certified copies of all organization papers not
Previously submitted and resolutions adopted by the board of
directors should be forwarded to the Board, together with a
copy of Counsel's opinion.
Mr. Riefler left from the meeting during the foregoing discussion
and at its conclusion Governor Balderston withdrew in order to testify concerning the financing of small business before the Senate Subcommittee on
Small Business.




Messrs. Young and Cherry also withdrew at this point.

-14-

5/11/55

There had been sent to the members of the Board copies of a memorandum from Mr. Solomon dated May 10, 1955, concerning a request from the
House Judiciary Committee for a report on H. R. 5948, introduced by Congressman Celler, which would broaden section 7 of the Clayton Act so as
to prohibit the acquisition of assets by banks "where the effect of such
acquisition may be substantially to lessen competition or to tend to create
a monopoly".

The memorandum noted that Congressman Celler had also in-

troduced Bill H. R. 2115, which would amend section 18(c) of the Federal
Deposit Insurance Act to require the approval of the appropriate bank supervisory agency in the case of a merger, consolidation, or assumption of
liabilities regardless of whether there would be a reduction in aggregate
capital or aggregate surplus; and that H. R. P115 had been referred to the
House Committee on Banking and Currency.
The memorandum referred to various ways in which specific questiOns

in the general field of bank mergers and consolidations and similar

transactions may come before the Federal bank supervisory agencies and discussed the effect of H. 2. 5948.

It was pointed out that if the bill were

enacted in the form in which it was introduced, at least two problems would
be involved:

first, the absence of a requirement for approval prior to the

acquisition of assets, and second, questions of conflicting jurisdiction
Posed by concentrating control over the acquisition of banking assets in
the Board of Governors.

In the circumstances, it was suggested that a bill

along the lines of H. R. 2115 might constitute a preferable approach.




The

()111-'t

5/11/55

-15-

memorandum also commented on the jurisdiction of the Department of Justice
in connection with barl-- mergers and presented reasons which might be given
for and against legislation which would transfer responsibility for enforcement of the antitrust aspects of bank mergers to that Department.
At the request of the Board, Mr. Solomon made an explanatory statement in which he pointed out, among other things, that the principal effect of H. R. 5948 would be to broaden section 7 of the Clayton Act so to
apply to acquisitions of assets by banks as well as to acquisitions of
stock, which are now covered; that although the Board of Governors, as
such, was not mentioned in the bill, the Board apparently would become the
administering agency by virtue of the extension of the current language of
the Clayton Act which gives the Board jurisdiction to enforce the provisions of section 7 relating to banks; that it would appear more effective
to provide for approval of acquisitions of assets before the transaction
was consummated; and that failure to require prior approval would put the
Board in a position where it might be called upon to review the actions of
the other Federal bank supervisory agencies.

For these reasons, he said,

advance approval by one of the supervisory agencies, according to the classification of the resulting bank in a merger or consolidation, might be
Preferable.

This would suggest the alternative possibility of transferring

to the Department of Justice responsibility for the antitrust aspects of
bank mergers, a course as to which various arguments for and against could
he given.




Another alternative would be to authorize the bank supervisory

5/11/55

-16-

agencies, on a permissive or mandatory basis, to request the views of the
Department of Justice on cases coming before them.
Mr. Vest recalled that in the 1940's, the Board recommended to the
Congress an amendment to section 7 of the Clayton Act, the effect of which
would have been somewhat along the lines of H. R. 2115.

Consequently, he

said, it would not be inconsistent with the earlier position should the
Board express itself in favor of a bill which would require that all bank
mergers and consolidations come before the appropriate supervisory agency
for approval.

He brought out that the problems of administering the law

regarding bank mergers and consolidations, voting permits, and bank
branches, insofar as antitrust questions are concerned, are difficult administratively, it being very difficult on many occasions to say whether
or not there may be a substantial lessening of competition or a tendency
toward monopoly.

Accordingly, he raised the question whether considera-

tions of that kind should be within the province of the Department of Justice rather than the bank supervisory agencies.

As he saw it, there was

something to be said for a law which would place the administration of secti°r1

7 of the Clayton Act exclusively under the Department of Justice, but

at the same time he realized there were numerous objections to such a procedure.

Referring to the current responsibilities of the Board under the

statutes, he said that, although the responsibilities to consider the antitrust aspects of various transactions were not specific, it appeared from
decisions of the Supreme Court that the Board had the right to take those




5/11/55

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aspects under consideration in matters coming before it.

One possibility,

Mr. Vest said, would be to continue to let the bank supervisory agencies
consider all aspects of proposed bank mergers and consolidations insofar
as they related to bank supervisory problems, but to provide for the approval, or views, of the Attorney General in certain limited types of
cases.
There followed an exploratory discussion of the matter, during
Which GovernoY. Robertson expressed the view that the purpose of H. R.

5948, namely, to extend the coverage of section 7 of the Clayton Act to
include acquisitions of assets as well as acquisitions of stock, was sound
in principle.

However, for administrative reasons, he felt that the Board

Should not support the bill without amendments which would provide for
transfer of responsibility for the enforcement of section 7, as it relates
to banking, to the Department of Justice; for dispersal of the approval of
proposed transactions among the three Federal bank supervisory agencies;
and for a mechanism whereby the views of the Department of Justice relating to the antitrust aspects of a transaction could be obtained before the
transaction was consummated.
Following further discussion, Chairman Martin suggested that, to
facilitate consideration of the matter, the staff be requested to draft a
letter to the House Judiciary Committee along the lines proposed by Governor Robertson.
This suggestion was approved
unanimously.
Mr. Horbett then withdrew from the meeting.




5/11/55

-18Pursuant to action of the Board on March 23, 1955, there was pub-

lished in the Federal Register on March 26 a notice of proposed amendments
to Regulation D, Reserves of Member Banks, and Regulation Q, Payment of
Interest on Deposits, which, in certain circumstances, would permit a deposit to be classified as a savings deposit although not evidenced by a
Pass book.

The notice specified that all comments should be received not

later than April 25.
Prior to this meeting, there had been circulated to the members
of the Board a memorandum from the staff dated May 3, 1955, summarizing
the comments received and recommending that amendments, in the form attached to the memorandum, be adopted effective May 16, 1955.

The memoran-

dum also stated that the Federal Deposit Insurance Corporation had adopted
aa amendment to its regulations identical to the draft amendments to RegUlations D and Q, effective May 16, 1955.
At the request of the Board, Mr. Hackley commented on the suggestions which were received following publication of the proposed amendments
in the Federal Register.

He stated that, in the opinion of the staff, the

slaggestions for changes either lacked merit or could be covered by interpretations of the regulations.

He also said that the Federal Deposit In-

surance Corporation had made the comparable amendment to its regulations
effective as of May 16 in the hope that the amendments to the Board's reglAlations could be made effective on the same date, or at approximately the
same time.




5/11/55

-19Mr. Carpenter stated that although no comments other than tenta-

tive observations were received from the American Bankers Association,
as such, a representative of the Association forwarded to the Board a copy
of a letter dated April 27, 1955, from Mr. Harold E. Randall, Vice President and Comptroller of The First National Bank of Boston, Boston, Massachusetts, urging that the amendments be liberalized so as to permit withdrawals not only by the depositor but by a payee designated by the depositor.

It was the view of the Board's staff, Mr. Carpenter said, that such

a provision would be inadvisable since it would be in the direction of
turning savings accounts into checking accounts.
In a discussion which followed, Governor Mills said that although
he favored the proposed amendments to Regulations D and Q, it was his
oPirlion that the Board should proceed cautiously in liberalizing its regIllations having to do with the operation of savings accounts.

In that con-

nection, he indicated concern that the amendments now to be made effective
would, tend to cheapen the principle of a savings account being a chosen
form of investment by bank depositors.

He was apprehensive that the new

the balProcedure, in substituting merely card forms indicating changes in
ance of a savings account, would detract from the symbol of investment
that has always been represented by a savings pass book, with the result
that the fundamental principle of a bank as an investment medium for saw14,38 might suffer.




At the conclusion of the discussion, unanimous approval was
given to amendments to Regulations

5/11/55

-20D and Q in the form set forth in
the following telegram to the
Presidents of a11 Federal Reserve
Banks, which was also approved:

The Board today adopted identical amendments to section
ge) of Regulation D and section 1(e) of Regulation Q, effective May 16, 1955. The purpose of the amendments is to permit
deposits to be classified as "savings deposits," in certain
circumstances and subject to certain limitations, although the
deposit is not evidenced by a pass book. However, a pass book
continues to be necessary for all savings deposits that do not
comply with the amendments. There follows the text of the
amendments to Regulation D, which are identical with the amendments to Regulation Q:
Effective May 16, 1955, Regulation D is amended in
the following respects:
1. By adding at the end of section 1(e) the following new undesignated paragraph and footnote reference:
The term "savings deposit" also means a deposit evidenced by a written receipt or agreement although not by a pass book, consisting of
funds of the kind described above in this section 1(e) and in respect to which deposit the
depositor is required, or may at any time be
required, by the bank to give notice in writing
of an intended withdrawal not less than 30 days
before such withdrawal is made, and withdrawals
are permitted only through payment to the depositor himself but not to any other perso4
whether or not acting for the depositor.
2. By adding the following new footnote to section
1(e):
5a/ Payment may be made to the depositor over
the counter, through the mails or otherwise.
Please arrange for the printing of the amendments to each regulation and for such distribution as you may believe desirable.
Notice of these amendments will be published in the Federal Register in the usual course, but no press release is being issued.




In this connection, unanimous
approval also was given to the publication of notices in the Federal
Register containing the following
paragraph:

5/11/55

-21-

The amendments set forth herein were the subject of
a notice of proposed rule-making published in the Federa3
Register (20 F.R. 1853), and were adopted by the Board
after consideration of all the relevant matter, including
the data, views and arguments received from interested
persons. The deferred effective date described in section
4 of the Administrative Procedure Act is not followed in
connection with these amendments for the reasons and good
cause found as stated in the Board's Rules of Procedure
(12 C.F.R. 262.2(e)), and especially because in connection
with these permissive amendments such procedure is unnecessary as it would not aid the persons affected and
would serve no other useful purpose.
Messrs. Hackley and Shay then withdrew from the meeting.
Reference was made to a memorandum dated May

3, 1955, from Gov-

ernor Mills and Mr. Solomon, which had been circulated to the members of
the Board, submitting for consideration a draft of letter to Mr. Bryan,
as Chairman of the Executive Committee, Retirement System of the Federal
Reserve Banks, reading as follows:
Governor Mills has brought to the attention of the
Board your letter of April 19, 1955 enclosing a copy of
the recommendations from the Advisory Panel regarding the
proposed fundamental study of the Retirement System of
the Federal Reserve Banks.
It is noted that the recommendation of the Panel,
which is also understood to be the recommendation of the
Executive Committee of the Retirement System, is that Industrial Relations Counselors, Inc., of New York City,
would be the most suitable organization to conduct the
proposed study. This seems reasonable to the Board in
the circumstances, and it would be agreeable to the Board
for the Executive Committee of the Retirement System to
communicate with Industrial Relations Counselors, Inc.,
through the Advisory Panel or otherwise, and develop a
plan of procedure, together with terms of the probable
cost of making the study. It is understood that the results of the negotiations and the related recommendations
of the Executive Committee would then be submitted to the
Conference of Presidents and the Board of Governors for
approval before further steps would be taken.




5/11/55

-22Following explanatory comments
by Governor Mills, the letter was approved unanimously, with the understanding that a copy would be sent
to Mr. Young, Chairman of the Conference of Presidents of the Federal
Reserve Banks.
Minutes of actions taken by the Board of Governors of the Fed-

eral Reserve System on May 9, 1955, were approved unanimously.
All of the members of the staff then withdrew and the Board
went into executive session.
The Secretary subsequently was advised that during the executive session
the Board considered plans for a conference of bank economists with Federal
Reserve and Treasury staff personnel on
June 1 and 2, 1955, as outlined in a
memorandum dated May 11, 1955, from Mr.
Thomas, Economic Adviser to the Board;
and that the Board approved those plans,
including a luncheon in the Board's dining rooms on one of the two days at
which the bank economists and members
of the Treasury staff would be guests of
the Board.
The meeting then adjourned.




Secretary's Note: Advice having been received from Mr. Russell E. Shearer, Assistant to the Chairman of the Federal
Deposit Insurance Corporation, and Mr. L.
A. Jennings, Deputy Comptroller of the
Currency, that they had no suggestions
regarding the following proposed letter
to Mr. Bill Kirchner, Assistant Secretary
of the Independent Bankers Association,
Sauk Centre, Minnesota, which was approved at the meeting of the Board on
April 28, 1955, the letter was sent to
Mr. Kirchner today:

5/11/55

-23-

This refers to our letter dated January 20, 1955, in
which you were advised that information as to the number of
banking units purchased, the number of new banks organized,
and the number of new branches established by holding companies was being compiled for the ten-year period 1944-1953,
inclusive.
Enclosed are three tables showing this information for
27 holding companies which it is believed are engaged in
"group banking" of the type for which your Committee of Future of Bank Ownership desires the information. Eighteen
of the 27 holding companies are under regulation under the
existing "holding company affiliate" statutes. For the nine
groups not under such regulation, the information contained
in the enclosed tables is believed to be reasonably accurate,
but may not be entirely so because of the lack of adequate
sources of information. We have nevertheless included these
nine groups in order to make the data as helpful as possible
to your Committee. It is requested, however, that the material enclosed not be published.
The tables include data for only those bank holding
company groups which are presently under regulation under
the "holding company affiliate" statutes or presently control several banks under a 50 per cent measure of control.
Those which were in existence during the period but which
are no longer holding company affiliates or no longer have
a 50 per cent interest in several banks have been excluded
from the data. Likewise, Bank of America N.T. & S.A., San
Francisco, California, is not included in the data.
Banking facilities in or near military installations
have not been included in the data relating to branches.
The table "Summary of Changes in Banks and Branches
1944-1953, Inclusive," presents the over-all changes in banks
and branches for the ten-year period in summary form, with an
added column showing the net expansion in the number of offices through purchases and sales of banks and branches.
The other tables are presented by years for the ten-year
period, segregating the various changes in banks and branches.
This manner of presentation was used to enable you to compare
the statistics for the 27 groups with Tables 101 contained in
annual reports of the Federal Deposit Insurance Corporation.
It is hoped that the enclosed material will be of assistance to your Committee of Future of Bank Ownership.




retary