View original document

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

Minutes for November

To:

Members of the Board

From:

Office of the Secretary

3, 1961

Attached is a copy of the minutes of the
Board of Governors of the Federal Reserve System on
the above date.
It is not proposed to include a statement
with respect to any of the entries in this set of
minutes in the record of policy actions required to
be maintained pursuant to section 10 of the Federal
Reserve Act.
Should you have any question with regard to
the minutes, it will be appreciated if you will advise
the Secretary's Office. Otherwise, please initial
below. If you were present at the meeting, your
initials will indicate approval of the minutes. If
you were not present, your initials will indicate
only that you have seen the minutes.

Chm. Martin
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson
Gov. King
Gov. Mitchell

Minutes of the Board of Governors of the Federal Reserve System on
Friday, November 3, 1961.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

The Board met in the Board Room at 10:00 a.m.

Martin, Chairman
Mills
Robertson
Shepardson
King
Mitchell
Mr.
Mr.
Mr.
Mr.
Mr.

Sherman, Secretary
Kenyon, Assistant Secretary
Molony, Assistant to the Board
Fauver, Assistant to the Board
Holland, Adviser, Division of Research
and Statistics
Mr. Landry, Assistant to the Secretary
Mr. Yager, Economist, Division of Research
and Statistics

Money market review.

Mr. Yager reported on money market develop-

ments, including reference to the terms of the Treasury's mid-November
refinancing, following which Mr. Holland reviewed the situation with
respect to bank credit and the money supply.
Messrs. Holland and Yager then withdrew and the following
entered the room:
Mr.
Mr.
Mr.
Mr.

Hackley, General Counsel
Chase, Assistant General Counsel
Hooff, Assistant General Counsel
Smith, Assistant Director, Division of
Examinations
Mr. Thompson, Supervisory Review Examiner,
Division of Examinations
Mr. Fuerth, Legal Assistant

Discount rates.

The establishment without change by the Federal

Reserve Banks of New York, Philadelphia, and San Francisco on November 2,
1961) of the rates on discounts and advances in their existing schedules

11/3/61

-2-

was approved unanimously, with the understanding that appropriate advice
would be sent to those Banks.
Items circulated or distributed to the Board.

The following

items, which had been circul
ated or distributed to the Board and copies
of which are attach
ed to these minutes under the respective item numbers
indicated, were approved unanimously:
Item No.
Letter to the Federal Reserv Bank of Boston
e
regarding the applicability of section 32 of
the Banking Act of
1933 to the service of
member bank directors as officers and
directors of corporations connected with
open end investment compan
ies.

1

Letter to the Secretary of the Federa Adviso
l
ry
Council suggesting topics for inclusion on the
agenda for the meeting to be held
on November
20-21, 1961. (Based on
revised draft distributed
pursuant to the understanding at the meeting on
November 2, 1961.)

2

Messrs. Chase and Fuerth then withdrew and Mr. Farrell, Director,
Division of Bank Operations, entered the room.
Gibraltar Financial Corporation (Item No. 3).

Copies had been

distributed under date of November 1, 1961, of a memorandum from the
Division of Examinations regarding a request by Gibraltar Financial
Corporation
of California, Beverly Hills, California, for a determination
exempting it from
all holding company affiliate requirements except those
contained

in section 23A of the Federal Reserve Act.

The recommendations

of the Division of Examinations and the Federal Reserve Bank of San Francisco

t

11/3/61

-3-

were favorable; it was indicated in the memorandum that the Division's
recommendation was made on the basis of the Board's policy of making a
favorable determination as a normal matter in all one-bank cases, with
the understanding that such
a determination would be declined in any
extraordinary case in which such action should seem necessary.

Attached

to the memorandum was
a draft of letter stating that from the information
submitted the Board understood that Gibraltar Finance was engaged in the
business of acting as insurance agent and providing fire and extended
coverage on real property as well as mortgage life insurance, but that
the greater part of
its business consisted of holding the guarantee
stock of Gibraltar Savings and Loan Association of Beverly Hills and
stock of two affiliated companies, Pioneer Escrow Company and Security
Allied Services; that such corporation was a holding company affiliate
by reason of the
fact that it owned 6,890 of the 7,500 outstanding shares
of stock of The
Beverly Hills National Bank and Trust Company, Beverly
Hills, California; and that such corporation did not directly or indirectly
own or control any stock of, or manage or control, any other banking institution.

The draft reply would state further that in view of these facts

the Board had determined that Gibraltar Finance was not engaged directly
or indirectly as a business in holding the stock of, or managing or controlling, bsnks, banking associations, savings banks, or trust companies
within the meaning of section 2(c) of the Banking Act of 1933, as amended;

11/3/61

-4-

and accordingly the
corporation was not deemed to be a holding company
affiliate except for the purpo
ses of section 23A of the Federal Reserve
Act and did not
need a voting permit from the Board in order to vote the
bank stock that
it owned.
In discussion of the matter, Governor Robertson
said he continued
to believe that
the Board's policy on one-bank cases was mistaken.

Further-

more, he thought
that the present case went beyond the scope of that policy,
since a commercial bank
and a savings and loan association of substantial
size were tied
together in one holding company group.

If the Board extended

its interpreta
tion of the one-bank rule to cover a situation of this kind,
he felt that
it would be getting into dangerous ground.

Consequently, he

would not favor
granting the determination requested by Gibraltar Financial
Corporation.
Governor Mills said that he was sympathetic to Governor Robertson's
criticisms as they applied to the activities
of Gibraltar Financial Corporation.

However, he felt that the recommendation of the Division of

Examinations was consistent with the one-bank rule followed generally by
the Board,
which was based on the presumption that supervision of the
national bank concerned
by the Comptroller of the Currency would provide
adequate examination of
the bank and prevent dissipation of its assets
or other
maltreatment of the bank as far as the public was concerned.
He noted
, furthermore, that the applicant was put on notice in the draft

11/3/61

-5-

letter that the favorable determination
might be rescinded should a change
in the factual
situation so warrant.

Governor Mills went on to say that,

as he viewed the basic
problem, the preferable course would be to press
for a change in the Bank
Holding Company Act to encompass one-bank
situations within the holding company definition.
Governor Shepardson said that he had always found it difficult to
accept the logic of the one-ban
k rule.

The present case seemed to come

close to a situation where
an exception to the rule might be made, but
on balance his
inclination was to accept the recommendation of the
Division of Examinations.
In the ensuing discussion, Mr. Hackley pointed out that under the
law the Board is
only required to make a factual determination as to whether
an applicant for
a so-called section 301 determination is actually engaged
as a business in holding
the stock of, or managing or controlling, banks,
savings banks, banking associations, or trust companies within the meaning
of section 2(c)
of the Banking Act of 1933, as amended.

Further, there

would seem to be some
question whether denial of the requested determination
in a case like this would serve
a real purpose, since the Board presumably
wuld grant a limited voting
permit that would allow the corporation to
vote the stock it
held in the national bank.

If the determination should

be granted,
there would still be the safeguard against abuse of the national
bank's resources provided in section 23A of the Federal Reserve Act.

The

Board) Mr. Hackley noted, had recommended to the Congress the repeal of

11/3/61

-6-

the "holding company
affiliate" provisions of the law, which had not proved
effective in restraining the activities of holding companies.
At the instance of Governors King and Mitchell, there followed
comments on whether the Board would necessarily be informed if there
should be a change in the facts prevailing at the time a section 301
determination was granted.

These comments indicated that while a

comPany granted such a determination supposedly would be expected to
keep the Board
informed, there was no specific reporting requirement.
In connection
with Board discussion of the subject of one-bank cases
several years ago, a check had been made from which it developed that
there were no outstandi
ng determinations that appeared to call for
revocation.

However, no recent check had been made.

Additional discussion was devoted principally to further exploration of the terms
of the existing statute, the responsibilities appearing
to devolve upon the
Board under it, and the practical effect of granting
or denying a
requested section 301 determination.

During this discussion,

several members of the Board expressed agreement with the earlier comment
of Governor
Mills that the solution to the problem of one-bank holding
comPany cases lay in the direction of remedial legislation.
The proposed letter to Gibraltar Financial Corporation of California
was then
approved, Governor Robertson dissenting for the reasons he had
stated and Governor
Mitchell abstaining because he preferred not to take

#

0

11/3/61

t

-7-

a position on a case
of this kind without having gone into the subject
more thoroughly.

A copy of the letter is attached as Item No. 3.

Messrs. Hooff, Tandry, and Thompson then withdrew.
,Report of examination—Federal Reserve Bank of San Francisco.

Mr.

Smith commented on the examina
tion of the Federal Reserve Bank of San
Francisco made as of June

6, 1961, the report on which had completed

circulation to the members of the Board.

On the basis of his comments,

it was M1224
that there were no matters disclosed by the examination
that required
action on the part of the Board.
With reference to the scope of the reports of examination of
Federal Reserve Banks,
Governor Mitchell stated reasons why he felt that
consideration
should be given to expanding the data included therein on
member bank borrowi
ng to include additional information on heavy or
extended borrowings by individ
ual banks.

After some discussion, during

Which varying views
were presented concerning the desirability of the
inclusion of such information, it was understood that the suggestion
would, be taken under
consideration by the Division of Examinations.
All of the members of the staff then withdrew and the Board went
into executive
session.
The Secretary was subsequently informed by Governor Shepardson
that during the
executive session the following actions had been taken:
Outside business and teaching activities. The Board
akE2mq the recommendation contained in a memorandum from
the Division of
Personnel Administration dated October 19,
1961, that the Board give permission to the members of the

11/3/61

-8-

staff who reported outside business or teaching activities,
as listed in the October 19 memorandum, to continue or enter
into the activity reported, with the understanding that any
individual reporting a writing activity would be advised of
the Board's policy regarding honoraria and royalties.
Organization of Division of International Finance. The
Board approved in principle proposals made in a memorandum
from Ralph A. Young, Director, Division of International
Finance, dated September 29, 1961, for changes in the organization of the work of that Division, effective January 1, 1962,
such changes to include provision for an additional position at
the Associate Adviser level, as well as other organizational and
procedural changes recommended in the memorandum from Mr. Young.
The meeting then adjourned.

Secretary's Note: Governor Shepardson today
approved on behalf of the Board the following
items:
Memorandum from the Division of Examinations recommending the
alpointment of Frederick Marshall Karsten as Review Examiner in that
Division, with basic annual salary at the rate of %; 600, effective
the date of
entrance upon duty.
Letter to the Federal Reserve Bank of New York (attached Item No.
approving the reappointment of James W. Butler as assistant examiner.

z

4)

4.3

BOARD OF GOVERNORS

ooft***0
Qopit

OF THE
*

.0%

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

Item No. 1

11/3/61
ADDRESS OFFICIAL CORRESPONDENCE

* 41. mis
43 04***

TO THE BOARO

November 3, 1961
Mr. 0. A. Schlaikjer, Vice President,
Federal Reserve Bank of Boston,
Boston 6, Massachusetts.
Dear Mr. Schlaikjer:
Reference is made to your letter of July 27, 1961 with
reference to the question presented by the Deputy Comptroller
of the Currency regarding the applicability of section 32 of the
Banking Act of 1933 to the simultaneous service of Mr. Paul T.
Babson and Mr. Frederick W. Whittemore as member bank directors
and as officers and directors of corporations connected with
Open end investment companies.
In your letter of October 10, 1961, you advised that
Mr. Babson is no longer serving in any capacity in any of the
companies in the group, and that therefore, there is no longer
any reason to regard section 32 as applicable to his services.
With respect to Mr. Whittemore, it appears that he is
vice president and director of United Investment Counsel, Inc.,
which has a wholly owned subsidiary, United Investment Management
Corporation, of which Mr. Whittemore is president and director.
It further appears that United Investment Counsel, Inc. "offers
individual investment advisory service to its subscribers" and
that United Investment Management Corporation "was formed to provide investment counsel and advisory service to UBS Fund of
Canada, Ltd." (Letter of August 25, 1961 from Mr. William W. White,
president of Wellesley National Bank to Mr. Ernest G. Flint,
National Bank Examiner, First Federal Reserve district.)
UBS Fund of Canada, Ltd. is an open end investgent company.
As you know, the Board regards an open end investment company as
being "primarily engaged" in the business described under section 32.
It would appear from Mr. White's letter that United Investment Management Corporation is furnishing advice exclusively to UBS Fund of
Canada, Ltd. and was formed for that purpose only. It would thus
appear that its existence depends upon the continued existence of
the Fund, and that in this respect, it differs from the State Street
Research and Management Company, which was the subject of the
Board's letter to the Federal Reserve Bank of Boston dated
February 19, 1943.

OJL Schlaikjer

, -2-

In the circumstances, the Board is inclined to regard
the Fund and
the Management company as being so closely identified
that they should be regarded as one for the purposes of section
32.
It will be
appreciated if your bank will so advise Mr. Whittemore.
Of course, if
there are other facts or circumstances which he
believes should be brought to the attention of the Board in this
connection, the Board will give them careful consideration.
Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

k3

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

Item No. 2
11/3/61

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

November 3) 1961

Mr. Herbert v. Prochnow, Secretary,
Federal Advisory Council)
C/O The First National Bank of Chicago,
Chicago 90, Illinois.
Dear Mr. Prochnow:
The Board suggests the following topics for inclusion on
the
for the meeting of the Federal Advisory Council to be
held on November 20, 1961 and for discussion at the joint meeting
of the Council
and the Board on November 21:
1. What are the observations of the Council regarding the
current business situation, the sentiment of businessmen,
and prospects for the remainder of this year and the first
half of 1962? In its analysis of prospects, what are regarded by the Council as the strategic factors?
2. Have Council members observed signs of recent change in
consumer buying of durable goods and homes, or in willingness to use credit freely for such purchases?

3. What evidences are seen of current or prospective improvement in the unemployment situation?

4.

Is business loan demand showing mom strength than appeared
to the Council to be developing at the time of its most recent
meeting with ,he Board? What industries are most active in the
demand for loans? Are credit supplies likely to be adequate to
meet the probable demands at current interest rates?

S. Are there indications of inflationary pressures in commodity
markets? In markets for capital assets, such as urban and
rural real estate?

3'44eiw
Mr. Herbert V. Prochnow

-2-

6. *What are the views of the Council regarding current
monetary and credit policy/ What relative weights would
the Council assign to domestic and to balance-of-payments
problems?
The Board notes from your letter of October 27 that the
Council has placed on the agenda the topic of maximum permissible
rates on time and/or time savings deposits, with particular reference
to time certificates of deposit and time deposits of foreign (central
or private) banks and of foreign government agencies.
Very trail yours,
(signed) Merritt Sherman
Merritt Sherman,
Secretary.

BOARD OF GOVERNORS
lik* 9

OF THE

.4
,
ii

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

Item No. 3

11/3/61

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

November 3, 1961

Mr. Herbert J.
Young, President,
Gibraltar Financial Corporation of California,
9111 Wilshire
Boulevard,
Beverly Hills,
California.
Dear Mr. Young:
17,This refers to the request contained in your letter of
1961, submitted through the Federal Reserve Bank of
San
Francisco, for a determination by the Board of Governors of the
Federal Reserve System, as
to the status of Gibraltar Financial
Corporation of
California as a holding company affiliate.
From the information submitted, the Board understands that
Financial Corporation of California is engaged in the
ss of acting as insurance agent in providing fire and extended
Coverage on real
property as well as mortgage life insurance, but
that the
greater part of its business consists of holding the
141.?!'aritee stock of Gibraltar Savings and Loan Association of Beverly
'
,
44-4-4-s, and stock of the affiliated companies, Pioneer Escrow Company
:"u Security Allied Services; that such Corporation is a holding
7arnoY affiliate by reason of the fact that it owns 6,890 of the
outstanding shares of stock of The Beverly Hills National Bank
nd Trust
Company, Beverly Hills, California; and that such Corporai0n
does not, directly or indirectly, own or control any stock cf,
or
mallage or control, any other banking institution.
the Gibraltarbusin

1

In view of thes- facts, the Board has determined that
Gibratar
or iri Financial Corporation of California is not engaged, directly
drectly, as a businass in holding the stock of, or managing or
c
ortrolling, banks, banking associations, savings banks, or trust
3.04111;anies within the meaning of section 2(c) of the Banking Act of
131;''
, as amended; and accordingly, the Corporation is not deemed to
of
holding company affiliate except for the purposes of Section 23A
the Federal
Reserve Act, and does not need a voting permit from
the B0_,
'L'u- of Governors in order to vote the bank stock which it owns.

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

Mr. Herbert J.
Young

-2-

If, however, the facts should at any time indicate that
Gibraltar Financial Corporation of California might be deemed to be
so engaged,
this matter should again be submitted to the Board.
Particularly, should future acquisitions by, or activities of, the
Corporation or its subsidiaries result in the Corporation's attaining a
position whereby the Board may deem desirable a determination
that the
.toc15, orCorporation is engaged as a business in the holding of bank
the managing or controlling of banks, the determination
herein granted may
be rescinded. The Board reserves the right to
rescind this
determination and make further determination of this
matter at any
time on the basis of the then existing facts.
Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

Item No. 4
11/3/61

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

November 6, 1961

14. John F. Pierce, Chief Examiner,
Federal Reserve Bank of New York,
New York 45, New York.
Dear Mr. Pierce:
In accordance with the request contained in
your letter of October 30, the Board approves the reap-pointment of James W. Butler as an assistant examiner
for the Federal Reserve Bank of New York, effective
November 6 1961.
Very truly yours,
(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.