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Minutes for

To:

Members of the Board

From:

Office Of the Secretary

October 11, 1962

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.

Chin, Martin
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson

Gov. King
Gov. Mitchell

;
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4.4
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4

Minutes of the Board of Governors of the Federal Reserve System
on Thursday, October 11, 1962.
PRESENT:

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

Mr. Martin, Chairman
Mr. Balderston, Vice Chairman
Mills
Mr. Shepardson
Mr. King
Sherman, Secretary
Kenyon, Assistant Secretary
Fauver, Assistant to the Board
Hackley, General Counsel
Farrell, Director, Division of Bank
Operations
Mr. Solomon, Director, Division of Examinations
Mr. Johnson, Director, Division of Personnel
Administration
Mr. O'Connell, Assistant General Counsel
Mr. Kiley, Assistant Director, Division of
Bank Operations
Mr. Leavitt, Assistant Director, Division of
Examinations
Mr. Thompson, Assistant Director, Division
of Examinations
Mr. Landry, Assistant to the Secretary
Miss Hart, Senior Attorney, Legal Division
Mr. Bakke, Senior Attorney, Legal Division
Mr. Guth, Review Examiner, Division of
Examinations
Mr.
Mr.
Mr.
Mr.
Mr.

Circulated or distributed items.

The following items, copies of

which are attached to these minutes under the respective item numbers
indicated, were unanimously approved:
Item No.
Letter to the Federal Deposit Insurance
Corporation regarding the application of The
laeoPles Savings Bank, New Knoxville, Ohio,
tor continuation of deposit insurance after
withdrawal from membership in the Federal
Reserve System.

1

4S(1
10/11/62

-2Item No.

Letter to the Federal Deposit Insurance
Corporation regarding the application of
Osage Valley Bank, Warsaw, Missouri, for
continuation of deposit insurance after
withdrawal from membership in the Federal
Reserve System.

2

Letter to Osage Valley Bank, Warsaw, Missouri,
vaiving the requirement of six months' notice
(It withdrawal from membership in the Federal
Reserve System.

3

Letter to the Federal Reserve Bank of Atlanta
aPproving the appointment of W. N. Self as
Pederal Reserve Agent's Representative at
the Birmingham Branch.

4

Letter to the Chairman of the Presidents'
Conference interposing no objection to the
establishment, as the basis for further
Ilegotiations with the Treasury Department,
°t certain principles contained in a policy
statement regarding the automation of fiscal
agency operations by the Reserve Banks.

5

°rder denying motions by banks protesting the
417Ialication by First Oklahoma Bancorporation,
Oklahoma City, Oklahoma, for permission
4) take actions that would cause it to become
'
bank holding company.

6

With respect to Item No.

5, Mr. Farrell noted that development

°I' the statement of principles referred to was the result of a request
rrom the Federal Reserve Bank of Cleveland for permission to process
?ederal taxes on its computer, thereby utilizing otherwise idle computer
time, and to base its claim for reimbursement on rental rates for
151411ch-card equipment in lieu of a rate based on the usage of the
ccolouter, since the Bank estimated that the latter procedure would

-

lo/11/62

-3-

materially increase the cost to the Treasury Department of this
Operation. The Reserve Bank's request was also motivated by the
Treasury Department's view that whenever a Reserve Bank was considering
transferring a fiscal agency operation to a computer, with the
Possibility of an increase in costs, such transfer should be cleared
mith the Treasury prior to institution of the change. The policy
statement adopted by the Presidents' Conference on September 10, 1962,
Provided that: (1) the Reserve Banks would retain at all times complete
control over decisions to automate operations, including the timing of
transfers to automated equipment; (2) the Reserve Banks would be prepared
to assume reasonable development costs in connection with transfers of
fiscal agency operations to automated equipment; and (3) the Banks
%road be prepared to review current accounting bases for reimbursement
claims or, when necessary, to negotiate claims for reimbursement where
cost increases resulted from transfer of some fiscal agency function
or functions to automated equipment.
Messrs. Johnson and Bakke withdrew from the meeting at this

Report on competitive factors (Fostoria-Tiffin, Ohio).

Copies

had been distributed of a draft report to the Comptroller of the
Currency on the competitive factors involved in the proposed merger of
The City National Bank of Tiffin, Tiffin, Ohio, into The First National
of Fostoria, Fostoria, Ohio.

ml

10/11/62
Following discussion, the report was approved unanimously in a
form in which the conclusion read as follows:
Consummation of the proposed merger would eliminate minor
competition existing between the applicants. The merger
would probably increase competition in Tiffin, but have
little effect on banking competition outside that city.
Application of Virginia Commonwealth Corporation.
been distributed under dates of October

There had

8 and October 10, 1962,

respectively, memoranda from the Division of Examinations and the Legal
Division regarding an application by Virginia Commonwealth Corporation,
Richmond, Virginia, to become a bank holding company by acquiring shares
of Bank of Virginia, Richmond; Bank of Henrico, Sandston; Bank of Salem,
Salem; Bank of Occoquan, Occoquan; and Bank of Warwick, Newport News.

The

recommendations of the Virginia Commissioner of Banking, the Federal

Reserve Bank of Richmond, and the Division of Examinations were all
favorable, but the Department of Justice had rendered an adverse
recommendation.

In its memorandum the Legal Division stated that

Particular attention had been given to the arguments advanced in the
statement in opposition submitted by the Department of Justice.

The

Division did not believe that these arguments would require disapproval
Of the application, as a matter of law, under the fifth statutory
factor.

It was of the opinion that a decision of the Board either to

aPProve or to disapprove the application would be sustained upon judicial
review as based on substantial evidence.

10/11/62

-5-

The memorandum of the Division of Examinations stated the
following conclusions with respect to the various statutory factors
to be considered under the Bank Holding Company Act of 1956: (1) The
financial condition, history, and prospects of the banks and the
management of the banks were regarded as satisfactory; (2) As to the
convenience, needs, and welfare of the communities and areas concerned,
the Division believed that, on balance, some increased services would
result from consummation of the proposal, and, in consequence, this
factor lent some, but not strong, support for approval; (3) With respect
to the fifth factor, the size and extent of the holding company and the
effects of the proposal on competition, the memorandum noted that the
holding company would control about 5 per cent of the banking offices
and deposits of all banks in the State but that, other than Bank of
Virginia, the remaining banks proposed for the group ranked well dawn

the list, with the largest being 42nd in size in the State. Acquisition
Of the banks concerned would increase to an appreciable extent control
Of deposits in the affected areas of the State only in the Newport News

region, where two banks in the group would have about 26 per cent of
the deposits of all Newport News banks. It was believed that elimination
Of competition among the banks to be acquired, where competition was
elrident, would not be significant when consideration was given to
alternative
sources of banking service.

It was not believed that the

banks involved would derive such a competitive advantage over remaining
banks in the areas specified as adversely to affect the remaining banks'

10/11/62
ab11itY

-6-

to grow and prosper.

It was felt that the Virginia Commonwealth

Corporation system would not be of such size and extent as to b
inconsistent with adequate and sound banking, the public interest, or
the preservation
of competition in the field of banking, and that
approval of the application would not result in a precedent that would
be e
mbarrassing to the Board in acting on future cases.
At the request of the Chairman, Mr. Thompson commented on the
application in some detail, his remarks being based on the memorandum
of the Division of Examinations.
Governor Mills inquired as to the dates applications had been
received from Virginia Commonwealth Corporation awl United Virginia
Bankshares, Incorporated.

In reply it was stated that the two dates in

questi-on
were, respectively, May
then

7 and July 11, 1962. Governor Mills

inquired as to the relationship, if any, between Financial General

Corporation, New York, New York, a company operating under the
Investment Company Act of 1940, and Virginia Commonwealth Corporation,
since he
recalled that Financial General at one time had a financial
interest in Bank of Virginia and, as the record showed, Financial
General had provided initial capital and Bank of Virginia had supplied
nianagerial services for Bank of Henrico.

Answer was given to the

effect that,
although Financial General had at one time an investment
in //ank of Virginia, this was no longer the case.

However, Financial

General had the right to acquire additional banks without approval of
the Board under the Bank Holding Company Act.

Similarly, it would

-7-

10/11/62

also be possible for Financial General to absorb Virginia Commonwealth
Corporation without such approval, should the Board sanction formation
Of the latter as a bank holding company.
A discussion ensued as to the extent to which bank holding
companies were developing in Virginia.

Reference was made during the

discussion to recent legislation in that State permitting state-vide
bank mergers, and also to the advantages of expansion through the bank
holding company device compared to the merger route.

Under State law

a bank could establish branches only in the city where its principal
office was located and in localities within five miles of such city.
In response to a question, Mr. Solomon said that the essential
difference between the present application and the Morgan New York State
and Florida Bancorporation cases was one of degree.

This case involved

a considerably smaller total concentration of banking resources and
much smaller
individual banks.

In the New York and Florida cases, the

hanks concerned were all of substantial size.

In the Morgan New York

State proposal, for example, every bank that would have been involved
/4/8 an institution with $100 million or more of assets; in the instant
aPPlication, Bank of Virginia excepted, the banks were institutions
With assets
ranging from $4 million to $16 million.

Therefore, the

Possibilities for domination of commercial banking were much less in
the Present case.

Mr. Solomon went on to say, in response to a further

question, that should the Board act favorably on the present application
it would
by implication be indicating that size was a fundamental

10/11/62
consideration in
bank holding company cases from the standpoint of the
competitive factor, particularly when a state-wide proposal was concerned.
Expressing agreement with the views stated by Mr. Solomon,
Mr. Hackley recalled that the rationale of the Board's statement in
the Morgan New York State case had been based largely on the size of
the banks involved.
holding

The banks that would have been taken into the

company system were among the leading banks in the larger cities

of the State,
strategically located.

The effect of consummation of the

Pr°Posal would have been to widen the competitive gap that already
existed between the larger and smaller banks in each comminjty.

It

e°414 be argued, Mr. Hackley said, that the reverse effect (a narrowing
or the gap) would follow from Board approval of the application of
Virginia Commonwealth Corporation; it involved, except for Bank of
Virginia, small banks ranking 42nd (Bank of Warwick), 75th (Bank of
Salem), 121st (Rank of Occoquan), and 204th (Bank of Henrico) in size
in the
State.
Governor Balderston indicated that he was more concerned about
the distinctions between this case and the Florida case.

In this

ease the banks in
the holding company system would hold about 5 per

cent of the deposits of all banks in the State. In the Florida case
the comparable figure was only about 13 per cent.

However, the Florida

case involved large banks in key areas of the State.
At the conclusion of the discussion, it being indicated that

the members of the Board were prepared to act on the application, the

10/11/62

-9-

Chairman called upon the individual members for their views, starting
with Governor Mills.
Governor Mills stated that he concurred with the staff
recommendation. In his view the creation of Virginia Commonwealth
C
orporation would, not bring into being an organization that would
control an objectionably large portion of commercial banking resources
in the State of Virginia. Admittedly, the holding company would assume
considerable importance in the area of Norfolk and Newport News; at
the outset
the smiler independent banks in the area might not be exposed
to undesirable competitive influences, but over a period of time that
ccUld be the case. Nevertheless, he agreed with the Division of
Ibcaminations that each case should be considered. by the Board in the
order

iii

which applications were received and in light of the immediate

surr°unding circumstances.
r
POV4
'
- 4JaCe

He did not believe it was within the

of the Board's authority to project evils that might eventuate

at 8clme later date. The proposal of United Virginia Bankshares
"IltamPlated operations largely in the same geographic area, which
°°141d definitely affect the competitive situation.

However, that

araication Was not presently before the Board for consideration. In
ta44 a position in favor of the Virginia Commonwealth application
he "
If
also mindful, Governor Mills said, of the possibility that
sub
aaquent establishment of branches on the part of the subsidiary
ballka could introduce another element adverse to the competitive picture
the trade areas involved, but the Board would have control over the

10/11/62

-10-

e6tablishment of branches by Bank of Virginia, Bank of Salem, and Bank
of Warwick, which were members of the Federal Reserve System.

It would

not, of course, have direct control over the establishment of branches
by Bank of Occoquan and Bank of Henrico, as nonmembers.

In sum,

Governor Mills stated, the application had little attraction to him.
Taking all factors involved into consideration, however, on balance he
would approve.
Governor Shepardson said that he concurred with the recommendation
of the Division of Examinations on the basis of the arguments advanced

in its memorandum.
Governor King indicated that he also concurred.

He believed

that the published statement of the Board should incorporate the general
Philosophy outlined by Messrs. Solomon and Hackley, namely, that the
"mPetitive strength of the smaller banks involved in the application
would be enhanced by consummation of the proposal.
Governor Balderston and Chairman Martin said that they also
Would favor approval of the application.
Accordingly, the application of Virginia Commonwealth Corporation

/las approved unanimously. It was understood that the Legal Division
if°111d prepare drafts of an order and statement reflecting such approval
for the Board's consideration.
All members of the staff except Messrs. Sherman, Kenyon, Hackley,
5°10mon, O'Connell, and Leavitt then withdrew.

3895
10/11/62

-11-

Continental Bank and Trust Company (Items 7 and 8).

On

September 17, 1962, the Board tentatively approved an informal proposal
submitted by Mr. K. J. Sullivan, President of The Continental Bank and
Trust Company, Salt Lake City, Utah, which if formalized would result
in the termination of the capital adequacy- proceeding involving that
bank.

Subsequently, Board Counsel undertook to implement the Board's

action.

An a result, there had now been presented to the Board a letter

from Mr. Sullivan enclosing a resolution of the bank's board of
directors, both of which documents constituted a formal presentation
or the bask's proposal for settlement of this matter.

Copies of the

letter and resolution had been distributed to the Board with a memorandum
from Mr. O'Connell dated October 10, 1962.
The memorandum indicated that pursuant to understandings reached
between Counsel for the Board and the bank, if the Board now formally
accepted the plan described in the letter and resolution, a letter
ev
idencing such approval And the Board's understanding of the plan
//°1-114 be sent to the bank immediately.

Thereafter, the bank's letter,

the resolution, and the Board's reply would be introduced into the
record of the show cause hearing.

This hearing, previously ordered by

the Board to commence October 15, 1962, was now scheduled to commence
October 29, 1962, pursuant to an order of the Hearing Examiner issued
in response to a motion for continuance filed by the bank's Counsel, to
hich Board Counsel offered no objection.

There would also be introduced

lbto the record all official pleadings in this matter filed and acted

10/11/62

-12-

upon since the date of the last hearing session (November 1958), together
with edited copies of reports of examination of the bank and published
statements of condition and statements of income and dividends covering
all or portions of this period.

There would also be introduced into

the record a statement by the bank and by its Counsel evidencing that
the corporate proceedings necessary to accomplish the capital increase
Program had been set in motion.

Finally, the Hearing Examiner would

introduce into the record a letter from the Board directing that
immediately upon the close of the hearing record the Hearing Examiner
waS to certify that record to the Board for final decision without a
l ecommended decision being made.
'

A draft of such a letter was attached

to Mr. O'Connell's memorandum.
Also attached to the memorandum was a draft of press statement
that Continental Bank proposed to release at the time the hearing was
Closed, together with a draft of press statement proposed for release
bY the Board immediately upon the close of the hearing.

Further, there

Was attached for the Board's consideration a draft of order proposed to
be issued by the Board following receipt from the Hearing Examiner of

the certified record of the October 29 hearing.

Copies of the proposed

Hearing
°Iller, the Board's letter to the bank, the Board's letter to the
Examiner, and the Board's press statement had been shown to the bank's
ec'unsel as a matter of information.

Counsel had advised of the assent

c/f Mr. Sullivan and himself to the general form of the documents.

10/11/62

-13-

In the judgment of Board Counsel, the contents of Mr. Sullivan's
letter and the resolution of the bank's board of directors conformed

in all major respects with the plan approved informally by the Board on
September 17, 1962.

It was recommended that the Board formally accept

the Plan and that the Board approve the procedural proposals set forth
in Mr. O'Connell's memorandum, as well as the draft documents relating
thereto.
In a second memorandum, which also had been distributed to the
Board, Mr. Hackley concurred in the view that the plan for increasing
caPital funds set forth in the resolution of Continental Bank's board
directors was substantially in accord with the plan tentatively
accepted by the Board on September 17, 1962.

Of the

He recommended approval

proposed letter to the bank formally stating that position.

In

his view, the drafts of Board press statement and Board order were in
satisfactory form.

He believed that conclusion of the administrative

Proceeding on the basis contemplated would be consistent with preservation

or

the position taken by the Board as to its legal authority in this

Matter and that the Board's position would not be prejudiced if the
154nk's board of directors should fail to accomplish the capital increase
Pl'ogram and it becnme necessary to reopen the administrative proceeding
to determine whether the bank's membership in the System should be
to
rfeited.
In commenting on his memorandum, Mr. O'Connell noted that there
haa been received this morning by Chairman Martin the originals of

10/11/62

-14-

Mr. Sullivan's letter and the resolution adopted by Continental's board
Of directors.

In a telephone conversation yesterday afternoon with

Counsel for Continental, Mr. O'Connell had checked carbon copies of
the two documents with the copies attached to his memorandum to the
Board, which were taken from drafts previously received from Continental.
were of a minor nature and in
The Only differences, which he described,
his judgment had no effect on the issues at hand.
procedures
Mr. O'Connell continued by reviewing the proposed
Outlined in his memorandum, making it clear that he had specified to
undertake
Counsel for Continental that in his opinion the Board would not
by the
to approve or disapprove the press release proposed to be issued
hank.

With the possible exception of one word, which he had discussed

with Counsel for Continental, Mr. O'Connell was of the opinion that the
statement proposed to be released by the bank was not objectionable.
Mrs O'Connell also stated that Mr. Powell, Special Counsel to the Board,
by the
1184 suggested that the Board's press release be accompanied
Board's
1344k's letter, the resolution of the bank's directors, and the
IsegY. Mr. O'Connell indicated that he had expressed his disagreement
t° M. Powell.

the
In his opinion, the proposed press statement of

of the
trd was a sufficient statement of the basis for termination
"
j34
caPita1 adequacy proceeding.

It would be followed by issuance of the

I8°s.rd's order, the content of which would, in his judgment, set forth

the Board's position adequately.

T49')
10/11/62

-15-

After a discussion during which Mr. O'Connell responded to
several questions with regard to procedural aspects of the matter,
Mr- Hackley spoke in confirmation of the opinions expressed in his
October 10 memorandum.

In his comments, he pointed out that the bank's

Press release would clearly indicate to the reader that the bank itself
t°0k the initiative in undertaking a settlement of the capital adequacy
Proceeding.

that
The figures spoke for themselves so far as indicating

the bank, under the proposed plan, would have sufficient capital.

There

per cent
/las no statement to the effect that its capital would be 100
adequate, but impliedly the capital position would be sufficiently
adequate to warrant the Board in terminating the proceeding.

It seemed

to
tO him the
reason for the Board's action would be so apparent as
indicate that any other action on the part of the Board might be subject
to charges of harassment or arbitrary conduct.
the position
Governor Mills recalled that he had dissented from
taken by the Board on September 17, 1962.

He asked that the record

were
81101, him as abstaining from voting on the implementing actions that
before the Board today.

He wished to comment for the record, however,

proposal and
that in his belief the Board's acceptance of the bank's
its acceding to the statement prepared by Continental would in good
leasure compromise the Board's good name and standing.

There were

red objectionable.
veLrious elements in the bank's statement that he conside
that
r() begin with, he felt that there had been a development of figures
dla not reconcile with earlier statements of the Board.

It was indicated

10/11/62

-16-

that through the plan an additional $1,111,000 would be added to the
bank's capital accounts, bringing the total injection of capital to a
figure that was within range of the $1.5 million that constituted the
Poard's original demand.

He found no place where these figures were

either reconciled with the record or were substantiated by the facts of
the case.

Further, he thought the proposed statement contained many
For example,

claims that were not borne out by the history of the case.

the release would indicate that since 1956 the bank had added to its
capital accounts approximately $2 million from retained net earnings.
The correct amount, as Governor Mills understood it, was $1.9 million.
The release also would state that the bank planned "to continue the

8041d management policies which have made it possible for us to add
, million to our capital accounts from net retained earnings
nearlY $21
between 1956 and the end of 1962."

Governor Mills noted that over a

Period of five or six years the Board had challenged the character of
the bank's management and the quality of the bank's assets.

Therefore,

he felt if the Board were to assent to a statement such as he had
cilloted, that would not be consistent with the Board's earlier views.
krther, the release would state that Continental Bank felt that its
c°nsiderable capital improvement over the past six years had made the
ec°nomic issues of the case moot and the legal issues largely academic.
G°vernor Mills stated that he would consider it shocking for the Board
t° concur in the bank's making a statement of that kind.

It would

constitute an admission by the Board that its case had been unsound

39f,
10/11/62

-17-

from the beginning and that the Board did not feel it had authority
under the statute to undertake the proceeding.

Also, the release would

conclude with a statement that the bank was confident that, with its
additional capital and the termination of the Federal Reserve proceedings,
it could continue to offer sound and progressive banking services to
it8 many customers and friends.

Governor Mills expressed the opinion

that such a statement could be challenged because it left the impression

that Continental had continuously offered sound banking services. As
a matter of fact, Board Counsel had brought out contrary facts repeatedly
ill the record of the proceeding.

He was not sure what rating the

131111s1on of Examinations presently accorded to the bank, but he judged

the bank was still ranked among the problem institutions.
Mr. Solomon said he thought a great deal depended on the
interpretation one placed on certain words.

As to the figure of

aPProximately $2 mi)lion contained in the bank's release, that presented

a rounding up of an actual figure of over $1.9 million.

As

to the

illerease in capital funds of roughly $1.5 million since the date of the
1134-rd's 1960 order--assuming the accomplishment of the capital increase
P/'°gram--he thought that was materially correct.

The bank had approximately

$5 Million of capital at the time of the Board's order, and it would
have approximately $6.5 million when the capital increase program was
comPleted.
Governor Mills inquired whether Mr. Powell had approved the
Tiglires in question, to which Mr. O'Connell replied that Mr. Powell had

2

10/11/62

-18-

Participated in an arithmetic computation in the presence of Counsel
for Continental and concurred in the correctness of the statement as
rar as the figures were concerned.
Mr. Hackley noted that it was not contemplated that there would

be abky indication that the Board approved or concurred in the bank's
Press statement.

Further, the statement by the bank that the considerable

caPital improvement had made the economic issues moot and the legal
issues largely academic seemed to him to represent only a reaffirmation
'Or the bank's own legal position.

It did not indicate that the Board

had backed down from its legal position.
Governor King commented that in his opinion the business and

inancial community would welcome the manner in which the Board was
l'esolving this matter. If the Board took the attitude that capital
illust be completely adequate in this case, in his judgment the Board

‘,0414

have a moral obligation to take action against every other bank

that did not meet the silme requirement.

As he saw it, the status of

the Board would be enhanced as a result of the action taken in terminating
the
proceeding.
The Chairman then inquired whether members of the Board wished
t° raise additional points concerning this matter, and no comments to
slIch effect were heard.

Governor Mills affirmed his earlier statement

that he wished to be recorded as abstaining from participation in the
iletions taken by the Board today, with the understanding that his position
would be recorded in the minutes.

10/11/62

-19Accordingly, with Governor Mills abstaining, approval was

given to the proposed letter to Mr. Sullivan, the proposed letter
to the Hearing Examiner, the proposed Board press release, and the
Proposed Board order, with the understanding that the press release
would be issued following the show cause hearing to be held on
October 29, 1962, and that the order would be issued after the
Rearing Examiner had certified the record of the show cause hearing.
Copies of the letter to Mr. Sullivan and the letter to the Hearing
Examiner are attached as Items

7 and 8, respectively.

Secretary's Note: The Board's press
release was issued on October 29,
1962. The Board's order was issued
on October 30, 1962. Copies of the
documents are attached to the minutes
for the respective dates.
All of the members of the staff except Mr. Sherman then
withdrew from the meeting.
Establishment of Division of Data Processing.

Governor

ShePardson referred to earlier informal discussions of the Board
Of the possible desirability of establishing a Division of Data
Processing to be under the direction of Mr. Maurice H. Schwartz,
wIl° has been serving as Assistant to the Director of the Division
Research and Statistics, with an assignment for matters in the
area of data processing.

He referred to a memorandum that had been

Prepared proposing the establishment of such a division, effective

1 f
)

10/11/62

-20-

January 1, 1963, with Mr. Schwartz to be appointed as director and
Mr. Lee W. Langhwm, presently Chief of the Call Report Section in
the Division of Bank Operations, as assistant director.

The matter

1018 being brought to the Board for consideration at this time,
Governor Shepardson said, in order that formal action on the proposal
might be taken and announced and plans for establishing a division
completed between now and the end of the year.

It would be desirable

tO have an announcement made promptly, Governor Shepardson said,
inasmuch as the development of detailed plans for the new division
/10U1d require discussion with different persons and a current announceMeat would serve to answer inquiries as to why certain arrangements
"ere being considered.
Following a discussion of the proposal, unanimous approval
was given to the establishment, effective January 1, 1963, of a
Division of Data Processing and to the appointment of Maurice H.
Schwartz as Director and Lee W. Langham as Assistant Director, with

the understanding that an announcement of the establishment of the
Division and of these appointments would be made promptly and that
aPPropriate budget and salary proposals would be submitted to the
130ard for consideration at a later date.
General adjustment to the Board's regular salary schedule.
C'overnor Shepardson referred to the Postal Service and Federal Employees
SalarY Act of 1962 that had been signed by the President today.

He

asalamed that there would be no particular problem with respect to the

10/11/62

-21-

Board's applying equivalent salary ranges and salary adjustments
to the members of the staff in the classified service.

The only

Problem that he foresaw was in adjustments for members of the officer
staff who were not under the classified service.

He noted that earlier

this year the President had proposed certain pay adjustments for
executives in the Government but the final bill enacted had not contained
such adjustments except to permit a ceiling of $20,000 for persons in
Grade 18 in the regular Government classified service and a number
(3f adjustments for those in super grades 16 and 17.

Governor Shepardson

stated that he had given considerable thought to whether it would be
desirable for the Board to attempt to fit its officer staff into the
classified service (including the super grades) and that he had come
to the conclusion that, for reasons he stated, it would be preferable
or the Board to continue the procedure that it had followed in the
Past whereby they were not in the classified service.

In making salary

4djustments for the officer staff, the Board was, of course, cognizant
Of the rates applicable in the classified service, including the
84Per grades.

It would be his thought that at this stage the Board would

salary adjustments to members of the officer staff within the
$20)000 ceiling that would apply to Government generally under the new
134Y act, with the understanding that when and if that ceiling was revised,
11S Was anticipated would be the case during 1963, the Board would expect
t° Illove in accordance with whatever legislation was enacted.

10/11/62

-22During the ensuing discussion, Chairman Martin expressed

the view that it would be desirable to continue the Board's officer
staff outside the classified service, and the other members of the
Board concurred in this view.

Governor Shepardson then stated that

he would endeavor to bring to the Board promptly specific salary
Proposals that would seem desirable for members of the officer staff
at this time within the $20,000 ceiling that would apply under the

law just enacted.
Reserve Bank officer salaries.

Governor Balderston stated

that he had had a telephone call from President Hayes of the Federal
Reserve Bank of New York referring to the Board's letters of October 5,
one addressed to the Presidents of the Reserve Banks and one to the
Personal and confidential attention of the Chairman at each Federal
Reserve Bank, regarding revised procedures for administering officer
salaries, effective January 1, 1963.

Mr. Hayes had expressed great

ce'rIcern regarding the problem that would face the New York Bank in
1214king what he believed to be appropriate salary adjustments within
the guidelines set forth in the Board's letter addressed to the President

or

the Bank.

He also expressed concern that the salary range for the

Group A officers at New York had not been increased and that the maximum

fc'r the First Vice President of that Bank also remained at its present
level.

Hayes'
Governor Balderston stated that he was simply reporting Mr.

e411 at this time for the information of the Board and that the matter

10/11/62

-23-

Would, of course, be considered by the Board's Committee on Organization,
Compensation, and Building Plans in the light of any comments Mr. Hayes
might make when he met with that Committee.
The meeting then adjourned.
Secretary's Note: Pursuant to recommendation contained in memoranda from appropriate
individuals concerned, Governor Shepardson
today approved on behalf of the Board
increases in the basic annual salaries of
the following persons on the Board's staff,
effective October 14, 1962:

!lame and title

Division

Basic annual salary
To
From
_....

Board Members' Offices
Robert I. Stewart, Messenger

$4,025

$4,130

4,840
4,510
5,005

5,005
4,675
5,170

7,820

8,080

4,040

4,145
3,970

Research and Statistics
!!,
14cY Keen, Secretary
;."Yllis H. Lockhart, Draftsman-Illustrator
uO4n R. Winter, Statistical Assistant
Bank Operations
Seymour Golodner, Technical Assistant
Administrative Services
Charles M. Wrenn, Operator, Tabulating Equipment
114Y M. Reeder, Operator, Tabulating Equipment

3,865

BOARD OF GOVERNORS
OF THE

Item No. 1
10/11/62

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

ADDRESS ornmAL CORRESPONDENCE
TO THE BOARD

October 11, 1962

The Honorable Erie Cooke, sr., Chairman,
Federal DepoUt In:.-iurance Corporation,
Washington 25, D. C.
Dear Mr. Cocke:
Reference is made to your letter of September 27,
1962, concerning the desire of The Peoples Savings Bank,
New Knoxville, Ohio, to continue as an insured bank
following its withdrawal from membership in the Federal
Reserve System.
No corrective programs have been urged upon the
,bank or agreed to by it which the Board of Governors
'believes should be incorporated as conditions to the
continuance of deposit insurance. However, for several
Years this bunk has been encouraged to sell common stock
'for cash to provide needed capital funds.
Very truly yours,
(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

'Ad

BOARD OF GOVERNORS

Item No. 2
10/11/62

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE HOARD

October 11, 1962

Honorable Erie Cocke, Sr., Chairman,
Federal Deposit Insurance Corporation,
Washington 25, D. C.
Dear Mr. Cocke:
Reference is made to your letter of
September 27, 1962, concerning the application of
Osage Valley Bank, Warsaw, Missouri, for continuance
of deposit insurance after withdrawal from membership in the Federal Reserve System.
No corrective programs which the Board of
Governors believes should be incorporated as conditions to the continuance of deposit insurance have
been urged upon or agreed to by the bank.
Very truly yours,
(Signed) Elizabeth L. Carmichael

Elizabeth L. Carmf_chael,
Assistant, becretary.

)(1

BOARD OF GOVERNORS

Item No.

OF THE

10/11/62

FEDERAL RESERVE SYSTEM
WASHINGTON 25, 0. C.
AIDORESt3 OFFICIAL CORRESPONDENCE
TO THE BOARD

October 11, 1962

Board of Directors,
°sage Valley Bank,
3
W4rs w, Missouri.
Ge
ntlemen:
The Federal Reserve Bank of St. Louis has forwarded
he Board of Governors a letter dated September 22, 1962,
signed by Vice President and Cashier U. C. Crudginton, Jr.,
re" Vice President Walter Riffle, together with the accompanying
t_solution dated September 5, 1962, signifying your intention
!
r withdraw from membership in the Federal Reserve System and
'
44esting
waiver of the six months' notice of such withdrawal.
to

The Board of Governors waives the requirement of six
or ,
notice of withdrawal. Under the provieions of Section 208.10(c)
ter'he Board's Regulation H, your institution may accomplish
themin4tion of its membership at any time within eight months from
84 date that notice of intention to withdraw from membership was
Upon surrender to the Federal Reserve Bank of St. Louis
oto
"
Federal Reserve stock issued to your institution, such
ck will be cancelled and appropriate refund will be made thereon.
retu

It is requested that the certificate of membership be
rned to the Federal Reserve Bank of St. Louis.
Very truly yours,

(Signed) Elizabeth L. Carmichael
Elizabeth L. Carmichael,
Assistant Secretary.

3

!,1
BOARD OF GOVERNORS

Item No. 4
10/11/62

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE SOARD

October 11, 1962
Mr. Jack Tarver,
Federal Reserve Agent,
Federal Reserve Bank
of Atlanta,
Atlanta 3, Georgia.
Dear

Mr. Tarver:

In accordance with the request in Mr. Ray's letter of
October 1,
1962, the Board of Governors approves the appointment of
Mr.
)
04
Wo N. Self as a Federal Reserve Agent's Representative at the
'
L.rmingham Branch to succeed Mr. George W. Mason,
who retired.
This approval is given with the understanding that Mr. Self
14111 be solely responsible to the Federal
Reserve Agent and the Board
(Icir Governors for the proper performance of his duties, except
that,
the absence or disability of the Federal Reserve Agent or a
p4c61.11OY in that office, his responsibility will be to the Assistant
ederai Reserve Agent and
the Board of Governors.

Res_
pe,zrve

When not engaged in the performance of his duties as Federal
Agent's Representative, Mr. Self may, with the approval of the
Br"ral Reserve Agent and the Vice President in charge of the Birmingham
tA alich3 perform such work for the Branch as will not be inconsistent
"44 his duties as Federal Reserve Agent's
Representative.
It will be appreciated if Mr. Self is fully informed of the
4
1,
P,ortance of his responsibilities as a member of the staff of the
tr14,"a1 Reserve Agent and the need for maintenance of independence
0
1 the operations of the Bank in the discharge of
these responsiltiee.

ahoia
o* thed

Please have Mr. Self execute the usual Oath of Office, which
.
be forwarded to the Board of Governors together with notification
effective date of his appointment.
Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

Item No. 5

BOARD OF GOVERNORS

10/11/62

OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.
AODRESS arriciAL CORRESPONDENCE
TO THE BOARD

October 11, 1962.

L D. Fulton, Chairman,
C
onference of Presidents of the
Federal Reserve Banks,
e/0 Federal Reserve Bank of Cleveland,
C
leveland 1, Ohio.
Dear Mr. Fulton:
The Board has noted the action of the Presidents'
erence on September 10, 1962 in adopting a policy statement
!
egard4
J-gr1 the automation of fiscal agency operations by the Reserve
inks and interposes no objection to the establishment of these
Principles as the basis for further negotiations with the Treasury
ePartment.
COnf

t

Very truly yours,
(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

3913
Item No.

6

10/11/62

UNITED STATES OF AMERICA
BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
WASHINGTON, D. C.

----------------

111 the
Hatter of the Application of
P1RST OKLAHOil
BANCORPORATION, INC.,
Oklahoma City, Oklahoma,

LOCKET NO. BHC-64

Pursuant to section 3(a)(1) of the
Bank
Holding CoApany Act of 1956

--------------ORDER
Under date of October 9, 19623 counsel for protesting banks,
op/1r,,
-Lne the application in the above-captioned matter, filed a Motion
to aljy
,„„
Order, to Grant Motion to Strike, and to Take Action in
Connection With Factor 3 of the Act.
The several motions have been considered by the Board.
Accordingly,

I.
IT IS ORDERED that the motion to clarify the Board's Order of
°ctobe
r 5, 1962, be, and hereby is, granted. The Board's action set
torth •
In Part II of its
Order dated October 5, 1962, overruled only
t'ara,
Ph 1 of the protesting banks' exceptions to the hearing examiner's
liePcIrt and
recommended decision and left undetermined the remainder of
Ir°tast•
lng banks'
exceptions.

In respect to protesting banks' motion to strike Applicant's
reSPOnSe

to protesting banks' exceptions, while the statement referred

to i
'
14 Applicant's

response does not meet the procedural deficiency

noted in the Board's Order of October 5, it may be taken as sufficient
evidence of
date of receipt so as to satisfy the Board in this respect.
11(z1"ar, for the additional reasons originally given by the Board for
its denial of
this motion, IT IS ORTIERED that the renewed motion to
strike Applicant's response be, and hereby is, denied.

Protesting banks further move that the Board postpone oral
arglment and order the record of the hearing in this matter reopened to
nr. C. A. Vose, one of Applicant's organizers, either an opportunity
to testify
or otherwise to show cause why the Board should not find a

fatlure
of proof of Factor 3 of the Act. In the alternative, protesting
banks move that the proceeding and the record be remanded to the hearing
e%aaTo
'ner With instructions to make findings and conclusions regarding
ketor
or3 of the Act upon the present record.
In the present posture of this proceeding the Board finds no
jiat.

either to reopen the hearing record for the purposes urged or

to r
emend the matter to the hearing examiner for additional findings and
e(41clu5ion5. Subsequent to the scheduled oral argument in this case, at
time as the entire record is before the Board for determination of
the
application, if the Board should find cause for the remand of any or

3915

all of the matter to the hearing examiner, such action will then be
taken. Upon review of the entire record, the Board will be in a
ion to determine the adequacy of evidence bearing on the character
Or

the management of the Applicant and the banks concerned and the sig-

nificance, if any, of the failure of Applicant to present in the record
testimony of one of its organizers. In this regard, consideration
be given to the weight to be attributed to the signed statement by
111.1•Vose received in evidence by the hearing examiner, and to the fact

that Protesting banks were unable to cross-examine Hr. Vose on that
tatermant. Accordingly, IT IS ORDERED that the protesting banks' motion
Postponement of oral argument and to have the hearing record reopened,
on

in the alternative, to have the proceeding and the record remanded

tc) the hearing examiner be, and hereby is, denied.
Dated at Washington, D. C., this 11th day of October, 1962.
By order of the Board of Governors.

(Signed) Merritt Sherman
Merritt Sherman,
Secretary.

(8414

BOARD OF GOVERNORS

Item No.

OF THE

10/11/62

7

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

October 11, 1962.
AIR MAIL
X. J. Sullivan, President,
The
"le
Continental Bank and Trust Company,
Salt Lake City,
Utah.
Dear Mr.
Sullivan:
reso
. This refers to your letter of October 9, 1962, enclosing a
l
luton
of the Board of Directors of your Bank setting forth a plan
Under
which certain actions therein specified will be taken for the
Purpose of
increasing your Bank's capital funds.
The Board has considered the fact that during the period
be
bete
the
Board's July 18, 1960 Order and the June 30, 1962 Report
Of
Condition the Bank had increased its capital accounts by $398,632
1'417m retained
earnings, which together with the additional $1,111,000
ch is the
subject of the above-mentioned resolution of the Bank's
u_ard of
Directors, will result in a total capital account increase
su
lnce July 18, 1960 of $1,499,181. The Board has further considered
c- ch changes as have occurred since July 18, 1960 in the amount,
b;r
t .acter
, and condition of the Bank's assets and in its deposit liace_ lties and other corporate responsibilities. On the basis of these
a4Si
derations the Board has concluded that accomplishment of the
thet°11s described in your plan would warrant the Board in ordering
termination of the capital adequacy proceeding involving your institution.
Accordingly, if a copy of your letter of October 9, 1962,
above
the
leterred to, am, of this letter of the Board are made a part of
record of
the Show Cause Hearing scheduled to commence on October 29,
196,),
the Hearing
Examiner will be directed by the Board to close the
record
un _rd of that hearing and to certify that record to the Board. Promptly
iZtli the
s e an receipt of such certification of the record, the Board will
appropriate Order terminating the proceeding.
Very truly yours,

(Signed) Merritt Sherman
Merritt Sherman,
SecrctaLy.

R

1.

BOARD OF GOVERNORS
Item No. 8

OF THE

10/11/62

FEDERAL RESERVE SYSTEM
WASHINGTON 25. D. C.

ADDRESS OFFICIAL. CORRESPONDENCE
TO THE

aciARD

October 22, 1962.

IR MAIL
2211.-ELIELIALLal
David F. Doyle_ 3 Hearing Examiner,
Ilational Labor Relations Board,
Branch Office,
1 °0m 206, Appraisers' Building,
;
30 Sansome Street,
Prancisco 11, California.
In the Matter of The Continental Bank
and Trust Company, Salt Lake City, Utah
Dear

Mr. Doyle:

In connection with the show cause hearing scheduled for
octob
ha_ er 29, 1962, in the above matter, the Board of Governors
determined that as the duly designated hearing examiner in
e_ sUbject proceeding, you should not make an initial or recam;
17.
!
, decision at the conclusion of the show cause hearing.
Acnoxiec
''inglY, pursuant to section 8(a) of the Administrative
Prool
eedure Act (5 'USG 1008(a)), you are directed that immediately
Upon
lsauance of your order closing the hearing record, you will
certif the
entire record of the show cause hearing to the Board
'Its final decision.
Very truly yours,

,
Merritt Sherman,
Secretary.