View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

2088

A meeting of the Board of Governors of the Federal Reserve
System was held in Washington on Wednesday, November 18, 1936, at
4:00

D. m.

PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
Broderick
McKee
Davis

Mr. Morrill, Secretary
Mr. Bethea, Assistant Secretary
Mr. Carpenter, Assistant Secretary
Mr. Clayton, Assistant to the Chairman
Mr. Thurston, Special Assistant to the
Chairman
Mr. Wyatt, General Counsel
?fir. Parry, Chief of the Division of
Security Loans
Mr. Dreibelbis, Assistant General
Counsel
Mr. Bradley, Assistant Chief of the
Division of Security Loans
Mr. Solomon, Assistant Counsel
There was presented a memorandum dated November 18, 1936,
fr°m Mr. Parry submitting, in accordance with the action taken by

the Board on November 12, 1936, a draft of telegram to the presidents of all Federal reserve banks reading as follows:
"There is transmitted herewith a statement by the
Board for the press regarding a proposed amendment to
Regulation T which deals with the time when margin must
be obtained and related matters. This statement, to
Which is attached a tentative draft of the proposed
amendment, will be given to the press here after 3
P. M. Thursday, November 19, for release in morning
newspapers of Friday, November 20.
"You are requested to submit copies of statement
and attachment not earlier than Friday, November 20, to
representatives of securities exchanges in your District and to such other persons as you may select as




2089
11/18/s6
"being qualified to offcr useful criticisms and suggestions.
Please forward as soon as received the criticisms and suggestions from such persons, with your comment thereon, and
furnish to the Board not later than December 7 any criticisms and suggestions of your own."
The statement for the press referred to in the above telegram
read as follows:
"AMENDMENT OF REGULATION T
"The Board of Governors of the Federal Reserve System
today submitted to the twelve Federal reserve banks for
their, consideration and suggestions the attached tentative
draft of an amendment to Regulation T. After consulting
With persons who would be affected by the amendment, ineluding representatives of securities exchanges, the reserve banks are requested to return their replies to the
Board not later than December 7, 1936. The Board will
thereupon give consideration to the advisability of adopting such an amendment.
"Regulation T at present, as a matter of convenience
both for customers and brokers, allows a certain number of
days within which the required margin may be furnished
after a purchase is made. A practice has developed, however, which was not intended under this provision whereby
Purchasers of securities on margin sell within a period
of three or four days, and by this means avoid having to
furnish the required margin. This practice, when repeated
by what is commonly known as tin-and-out' trading, permits
a continuous avoidance of the furnishing of the amount of
margin prescribed by the Board under the law. The development of this practice has emphasized a weakness in the
regulation which it is believed should be remedied in the
public interest. The proposed amendment would cause the
broker to require that any customer who purchases securities on margin shall provide the required margin in advance
of the purchase -- or in any event, except in the case of
Purchases and sales made on the same day, not later than
the end of the day on which the purchase is made."
"Amendment No.

of Regulation T - Effective

1956.

"Regulation T, as amended, is hereby further amended in
the following respects:
"1. Subsections (i) and (j) of section 2 of said regulation are amended to read as follows:
1(i) The term "unrestricted account" means an




2090
11/18/s6

-3-

"account in which the adjusted debit balance equals
or is less than the maximum loan value of the securities in the account.
'(j) The term "restricted account!! means an
account in which the adjusted debit balance exceeds
the maximum loan value of the securities in the account.'
"2. The last paragraph of subsection (b) of section 3
of said regulation is amended by striking out the words
land together with demands for additional margin in connection therewith'.
"3. Subsection (f) of section 3 of said regulation
is amended by striking out clause (8); by substituting a
Period for the semicolon and the word 'and' at the end of
clause (7); and by adding the word land' at the end of
clause (6) after the semicolon.
"4. Subsections (c), (d), and (e) of section 4 of
said regulation are amended to read as follows:
'(c) Transactions in unrestricted accounts. A creditor shall not permit any customer to make in
an unrestricted account any transaction or combination of transactions which would cause such account
to become a restricted account.
t(d) Transactions in restricted accounts. A creditor shall not permit a customer to make in a
restricted account any transaction which, in combination with any other transactions made on the
same day, results in any increase of the excess of
the adjusted debit balance of the account over the
maximum loan value of the securities in the account,
or results in any net withdrawal of cash and/or securities: Provided,, however, That a creditor may
Permit a customer to make any transaction or combination of transactions which causes the account
to become an unrestricted account.
t(e) Combination of transactions. - For the
Purposes of subsections (c) and (d) of this section
all the transactions in a given account on a given
day may be considered a single transaction; and
any substitution of securities consisting of a sale
of securities in the account followed by the purchase of other securities on the next succeeding
business day may be considered a substitution
occurring entirely on the day on which the Purchase
occurs.'
"5. Section 6 of said regulation is amended by changing the period at the end of said section to a colon and




2091
11/18/36

-4-

"adding thereafter the following:
'Provided, That the special cash account provided
for in this section may be used, to any extent not
forbidden by other provisions of law, to receive and
hold for any customer cash or securities, including
cash or securities withdrawn from another account
Without violation of this regulation.'"
The memorandum and telegram had been placed in circulation
anic)rig the members of the Board for approva
l and Mr. Broderick had
suggested that the matter be discusse
d by the Board before the telegran.
' was sent.

Mr. Broderick stated that his reason for asking that

the matter be discussed at a meeting was
that he felt the purposes
of the amendment should be thoroughly underst
ood by the members of
the Board.
Mr. Parry elaborated on the statements contained in his
niernorandlun with respect to the circumstances giving rise to the
suggested amendment and what the effects of the amendment would be,
44d various aspects of the matter were discussed.
At the conclusion of the discussion the
proposed telegram to the Federal reserve banks
was approved unanimously with the understanding
that it would be sent immediately and that the
press statement set forth above would be given
to the press tomorrow afternoon after 3:00 p.m.
At this point Messrs. Thurston, Wyatt, Parry, Dreibel
bis,
81''adley and
Solomon left the meeting and consideration was then given
to each
of the matters hereinafter referred to and the action stated
with respect thereto was
taken by the Board:
The minutes of the meeting of the Board of Governors of the
'
'
181 Reserve System with the Federal Advisory Council held on
'per 17, 1936, were approved unanimously.




2092
11/18/36

-5-

The minutes of the meeting of the Board of Governors of the
Federal Reserve System held on November 17, 1936, were approved
unaniMously.
Telegrams to Mr. Austin, Chairman of the Federal Reserve Bank
of Philadelphia, and Mr. Stewart, Secretary of the Federal Reserve
Ballk of St. Louis, stating that the Board approves the establishment
without

change by the respective banks today of the rates of discount

and Purchase in their existing schedules.
Approved unanimously.
Telegram to Mr. Sonne, Chief Examiner for the Federal Reserve
Bank of San Francisco, referring to the application of the "Bank of
Relnes", Haines, Oregon, for Permission to withdraw immediately from
membership in the Federal Reserve System, and stating that the Board
waiv
es the usual requirement of six months notice of intention to
withdraw, and that, accordingly, upon surrender of the Federal reserve bank stock issued to the Bank of Haines, the Federal Reserve
441c of San Francisco is authorized to cancel such stock and make
aPPr°Priate refund thereon.

The telegram also stated that in this

e°411ection, however, the Federal Deposit Insurance Corporation advised
on November 14 that an application had been received from the
of Haines for acceptance by the Corporation as an insured nonmember bank; that action on the application would be taken as
PrtollIMY as practicable; and that the Board had given the necessary
lepn,
q°-J- authority for the Federal Deposit Insurance Corporation to




2093
11/18/36
examine the bank.

-6The telegram stated further that the Bank of

Haines would remain a member bank until its stock in the Federal Reserve Bank of San
Francisco was canceled, that it was understood that
the bank made application for immediate withdrawal from membership
Without
giving consideration to the fact that unless arrangements
had been
made with the Federal Deposit Insurance Corporation for the
continuation
of insurance, termination of its membership would likeWise terminate its status as an insured bank, but that, as indicated
by its application to the Federal Deposit Insurance Corporation, the
bank desired the continuation of insurance.

The telegram suggested

that) therefore, cancelation of the Federal reserve bank stock under
the authority contained therein be deferred temporarily until the
Federal Deposit Insurance Corporation could complete its investigation and act upon the bank's application for continuation of insur44ce without interruption; and stated that if such arrangement could
1/(3t be completed within a month, the case would be reviewed in the
light of circumstances then existing.
Approved unanimously.
Letter to Mr. H. S. Johnson, President, The Point Pleasant
44t1ona1 Bank, Point Pleasant, West Virginia, reading as follows:
"This refers to your letter to the Chairman of the
Board of November 14, 1936, requesting an extension of
the time within which you may communicate further with
the Board regarding the matter under consideration at
the hearing you attended at the Board's offices on Tuesday,
November 10, 1936.
"As you were advised in the Board's letter to you of




2094
11/18/36

-7-

"November 16, 1936, with which there were inclosed a copy of
the transcript of the stenographer's record of the hearing
and copies of all the documents which have been submitted
subsequently by the office of the Comptroller of the Currency in connection with the matter under consideration at
that hearing, such time has been extended until twelve
o'clock noon on Monday, November 23, 1936.
"After calling attention to the fact that you had not
received the information that was to be filed with the Board
by Mr. Chorpening and Mr. Starr, you stated in your letter
that, 'I would like for you to hold this open until such
time as Mr. Chorpenning and Mr. Starr can be questioned by
me at a later date with reference to the matter referred to
by them'.
"It is not clear to the Board whether you intended this
as a definite request for an opportunity to question Messrs.
Chorpening and Starr, regardless of what might be contained
In the additional documents filed by them, or whether you
only intended to reserve the right to question those gentlemen if you considered it necessary after examining the documents which they filed.
"Since you now have been afforded an opportunity to examine the stenographic record of the hearing held here on
November 10th and all additional evidence filed since that
date by representatives of the Comptroller of the Currency,
Please advise the Board definitely before twelve o'clock
noon on Monday, November 23, 1936 whether or not you desire
to question Messrs. Chorpening and Starr personally. If
You do not desire to question them personally, you should
file with the Board any additional evidence or statement
Which you desire to file or should make any additional request which you desire to make before twelve o'clock noon,
on Monday, November 23, 1936, in order that the record may
be closed."
Approved unanimously.
Telegram to Mr. Peyton, President of the Federal Reserve Bank
of Minneapolis, reading as follows:
"Referring your November 14 letter, Board will interPose no objection to your bank's entering into contract,
at cost not to exceed $35,000, for installation of an air
conditioning system in the Federal Reserve bank building
at Minneapolis."




Approved unanimously.

2095
11/18/56

-8-

The meeting adjourned in order that the Board might meet
with the
Presidents of the Federal reserve banks who had been in
conference today and had finished their program and who had invited
the Board
to meet with them before the adjournment of their conference.




Chairman.