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The attached set of minutes of the
meeting of the Board of Governors of the
Federal Reserve System on September 11,
1959, which you have previously initialed,
has been amended at the request of Governor
mills to make a change in paragraph 1 on
page 10.
If you approve the minutes as amended,
please initial below.

Gov. Szymczak
Gov. Robertson
Gov. Balderston

Minutes for September 11,

To:

Members of the Board

From:

Office of the Secretary

1959

Attached is a copy of the minutes of the Board of Governors
of the Federal Reserve System on the above date.
It is proposed to place in the record of policy actions
required to be kept under the provisions of Section 10 of the
Federal Reserve Act an entry covering the item in this set of
minutes commencing on the page and dealing with the subject
referred to below:
Page

9

Approval of a discount rate of

4 per cent for the Federal Reserve
Banks of Boston, Atlanta, and
Minneapolis

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. Szymczak
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson
Gov. King

Minutes of the Board of Governors of the Federal Reserve System on
Friday, September 11, 1959.
PRESENT:

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

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

Martin, Chairman 1/
Balderston, Vice Chairman 2/
Szymczak Ey
Mills
Robertson
Shepardson
King 2/
Sherman, Secretary
Thomas, Economic Adviser to the Board
Hackley, General Counsel
Farrell, Director, Division of Bank Operations
Solomon, Director, Division of Examinations
Noyes, Adviser, Division of Research and Statistics
Hexter, Assistant General Counsel
Masters, Associate Director, Division of Examinations
Benner, Assistant Director, Division of Examinations
Landry, Assistant to the Secretary
Brill, Chief, Capital Markets Section, Division of
Research and Statistics
Miss Hart, Assistant Counsel
Mr. Farrell, Legal Assistant
Mr. Huning, Review Examiner, Division of Examinations

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

Pursuant to the understanding at the meeting on September 3,

1959, arrangements had been made for representatives of the New York
Clearing House Association to present to the Board their views with
respect to the Association's proposed statement of "working principles"
regarding Regulation U, Loans by Banks for the Purpose of Purchasing or
Carrying Registered Stocks, as amended effective June 15, 1959.

Messrs.

Crosse, Assistant Vice President, and McEvoy, Senior Analyst, Reports and
Analysis Division, Bank Examinations Department, Federal Reserve Bank of
New York, were present for this purpose, but since the arrival of the
n
Clearing House representatives had been delayed, Vice Chairman Baldersto

1/
"_q/

Attended afternoon session only.
Attended morning session only.




-2-

9/11/59

suggested that the Board proceed to consider other items on the agenda.
Request from Budget Bureau for Board comment on amended Housing
Act of 1959 (Item No. 1).

Vice Chairman Balderston referred to a

letter from the Budget Bureau asking for Board comments on enrolled
bill S. 2654, the Housing Act of 1959. This bill represented the third
housing bill presented to the President by the Congress during this
session, the two earlier versions (S. 57 and S. 2539) having been
vetoed.

The Board's letters of June 26 and August 31, 19591 had

commented on the two bills that had been vetoed.
Mr. Noyes indicated that he had not studied in detail the bill
now before the Board for comment but that he understood some of the
features about which the Board had expressed reservations in the earlier
bills had been modified.

He also noted press reports to the effect that

the bill in its present form apparently represented a compromise between
the Administration and the Congress and that it could be expected to be
enacted into law.

Accordingly, the draft letter to the Budget Bureau

that had been prepared did not go into details of the bill but indicated
that the Board had nothing to add to its earlier comments on housing
legislation.
At Governor Mills' suggestion, it was understood that the draft
letter would be changed to incorporate reference to the reasoning that
the Board had advanced in its June 26 and August 31 letters on housing
legislation and that it would indicate that the Board had no further
comments to make.




-3-

9/11/59

Thereupon, unanimous approval was given to a letter to the
Budget Bureau in the form attached as Item No. 1.
Letter to Budget Bureau on H.J. Res. 493 (Item No. 2).

Mr.

Hackley referred to H.J. Res. 493, an enrolled joint resolution that
would make a technical correction in Section 5136 of Revised Statutes
(relating to national banks).
Mr. Hackley said that he assumed the Board would have no
objection to the necessary technical correction, which would supply
a deficiency resulting from two recent amendments to Section 5136, and
none of the members of the Board indicated a different view.
Thereupon, unanimous approval was given to a letter to the
Budget Bureau in the form attached as Item No. 2.
Items circulated to the Board.

The following items, which had

been circulated to the Board and copies of which are attached to these
minutes under the respective item numbers indicated, were approved
unanimously:
Item No.
Letter to the Chase International Investment
Company, New York, consenting to the purchase
by Arcturus Investment & Development, Ltd., of
stock of a Nigerian textile manufacturing company.

3

Letter to the Comptroller of the Currency recommending unfavorably with respect to an application
to organize a national bank in Azle, Texas.

4

Mr. Noyes left the meeting at this point and Messrs. Crosse and
McEvoy, who had withdrawn from the room during consideration of the




9/11/59
foregoing matters pending the arrival of the representatives of the
New York Clearing House Association, reentered the room at 10:20 a•m•
along with the following Clearing House representatives.
Paul R. Fitchen, Executive Vice President
Richard G. Powell, Sullivan and Cromwell, Attorneys
for New York Clearing House Association
Robert H. Brome, Resident Counsel, Bankers Trust Company
Roy C. Haberkern, Jr., Milbank, Tweed, Hope & Hadley,
Attorneys for Chase Manhattan Bank
Albert J. Walker, Kelley, Drye, Newhall & Magazine,
Attorneys for The Hanover Bank.
Meeting with representatives of the New York Clearing House
Association.

The Board then heard the representatives from the New

York Clearing House Association present their views with respect to
the "working principles" developed by them and transmitted to the
Federal Reserve Bank of New York on August

5, 1959. The New York

Reserve Bank, in turn, forwarded the Association's "working principles"
to the Board under date of August 10, pointing out some apparent
conflicts between certain of those principles and a draft of a proposed
Board interpretation of Section 221.3(b)(1) of Regulation U.

That

section deals with the question of determining when a loan by a bank
is for the purpose of "carrying" registered stock, and the draft interpretation had been sent to all Reserve Banks on August
their comments.

5 with a request for

The Reserve Bank's August 10 letter also called attention

to the request of the Clearing House Association that its representatives
have a prior opportunity to discuss the matter in the event the Federal




-5-

9/11/59

Reserve proposed to take a position not wholly consistent with any of
the "working principles" developed by the Association.

Subsequently,

a copy of the draft of Board interpretation had been furnished by the
Reserve Bank to the Clearing House Association, and the discussion at
this meeting, therefore, included comments of the Association on the
proposed Board interpretation as well as on the "working principles".
A complete transcript of this presentation and of the discussion that
followed has been placed in the Board's files.
The discussion with the Clearing House representatives was
completed at 11:25 a.m. and they, along with Messrs. Crosse and McEvoy,
then withdrew from the room, as did Messrs. Thomas, Masters, Benner,
Brill, Huning, and Farrell.
Governor Balderston

referred to the inquiry by Mr. Haberkern

regarding making the Board's draft of interpretation available to the
New York Stock Exchange and to banks other than those whose representa
tives had seen it because of their connection with the Clearing House.
The Board members expressed the view that if copies were to be made
available to the Stock Exchange or others, that should be done by the
Federal Reserve and not by the Clearing House banks.

In this case,

however, it was the consensus that, in view of the probability of
significant revisions in the draft interpretation that had been sent
to the Reserve Banks on August

5 for

comment, it would not be desirable

to have the present draft given further distribution.




It was also

-6-

9/11/59

understood that, when a revised draft of interpretation was prepared,
the Board would consider whether it would be desirable to have it
published in the Federal Register for comment by all interested
persons.
The Secretary was then requested to notify Mr. Fitchen„ Executive
Vice President of the New York Clearing House Association, of the Board's
views that no further distribution of the present interpretation should
be made.
The Board also requested the staff to prepare a digest of the
meeting with the Clearing House representatives along with such comments
as the staff might wish to make to assist the Board in its further consideration of the matter.

In this connection, Governor Shepardson

suggested that some indication be given of the amount of stock market
credit the Board might reach by an interpretation such as that under
discussion, and whether the more restrictive definition of "carrying"
that became effective June 15, 1959, was believed to cause the regulation
to reach a substantial amount of stock market credit that was not being
reached under the previous definition.
Procedure for handling advices of discount rate changes.

Vice

Chairman Balderston referred to the understanding at yesterday's meeting
that if additional Federal Reserve Banks submitted discount rate increases
Within the pattern approved yesterday, the Secretary was authorized to
advise such Banks that their rates were approved and to enter in the




-7-

9/11/59

minutes appropriate records of such approval.

He noted that Governor

Mills had not been present at the meeting yesterday and inquired
whether he would concur in this procedure.
Governor Mills stated that, not having been present at the
meeting when action was taken to approve increases in the rates from
3-1/2 per cent to

4

per cent, he would wish to have an opportunity to

make a statement of his views if any of the four Reserve Banks still
having the 3-1/2 per cent rate were to submit increases for the Board's
approval.

Accordingly, it was agreed that the authority given to the

Secretary at the meeting on September 10 with respect to entering in
the minutes approval of such rate increases was rescinded.
During the foregoing discussion, Governor King, Messrs. Solomon and
Hexter, and Miss Hart withdrew from the meeting, and Mr. Nelson, Assistant
Director, Division of Examinations, entered the room.
Letters to Comptroller of the Currency regarding organization of
national banks (Item No. 5).

There had been circulated to the Board

a draft of letter to the Comptroller of the Currency that would recommend
approval of an application to organize a national bank in Sandy Springs,
Georgia, provided the management factor was resolved to the satisfaction
of the Comptroller.

This letter was approved unanimously in the form

attached to these minutes as Item No. 5.
There also had been circulated a draft of letter to the Comptroller
recommending that an application to organize a national bank in Houston,




-8-

9/11/59

Texas, not be approved, the basis for this recommendation being that
the State of Texas banking authorities had granted a charter for a
State bank in the same community and there was not sufficient need to
justify establishment of two banks in the area at this time.
Governor Shepardson stated that he had raised with Mr. Nelson
the question whether this was a case of the State authorities failing
to observe the usual procedure with respect to priority of applications
based on the time of filing, and Mr. Nelson had indicated this appeared
to be the case.

Later, it developed that the national bank charter also

had been approved.

Governor Shepardson's inquiry was whether the circum-

stances called for any action on the part of the Board with respect to
establishing priority of applications for bank charters.
Governor Robertson said that he had discussed this particular
case with the Comptroller who had indicated that there was nothing he
could do under the circumstances but grant the application for the
national bank charter.

He went on to say that the Texas Banking Board

did not recognize the priority procedure although he understood the
Texas Commissioner of Bsnking would be willing to do so. This was a
matter between the Comptroller and the State Banking authorities,
Governor Robertson noted, and the principle still stood that the
Comptroller would work with any State on the basis of giving priority
to the first applicant for a charter in a given community.




-9-

9/11/59

With reference to the present case, Governor Robertson suggested
that, since the Comptroller had already granted the charter in question,
there was no

purpose in the Board's submitting a recommendation one way

or the other, and there was agreement with his suggestion that the
Board's file be closed without sending a letter to the Comptroller of
the Currency.
The meeting then recessed and reconvened at 3:00 p.m. with
Chairman Martin, Governors Mills, Robertson, and Shepardson, and Messrs.
Sherman and Riefler present.
Discount rates.

Chairman Martin stated that he had asked that

the Board meet to consider advices that had been received from the
Federal Reserve Banks of Boston, Atlanta, and Minneapolis stating that
the directors of those Banks had fixed their rates of discount under
Sections 13 and 13a at

4 per cent per annum subject to the approval of

the Board. He noted that Governor Mills had not been present at
yesterday's meeting when the Board approved increases in discount rates
to the

4 per cent level at other Federal Reserve Banks, adding that this

meeting was being held in order to provide Governor Mills with an opportunity to record his views as to the proposed action.
Governor Mills stated that, as he regarded the situation, the
technical conditions in the money market completely justified the
increase in the discount rate of the Federal Reserve Banks from 3-1/2
Per cent to




4 per cent. However, as he banl explained in presenting his

.41 I

9/11/59

-10-

views at the meeting of the Federal Open Market Committee held on
September 1, 1959, it was his judgment that a Federal Reserve System
monetary and credit policy, about which he had strong reservations,
had been instrumental in creating the market conditions that brought
about the reasons that would stand in favor of the proposed action on
the discount rates.

Accordingly, Governor Mills stated that he wished

to be recorded as abstaining from voting on the proposed changes in the
discount rates that were before the Board at this meeting.
Chairman Martin noted that with four members of the Board present
there was a quorum but that with Governor Mills abstaining from voting
the number of affirmative votes that would be cast on the proposed action
would be less than a quorum of the Board.

At his request, Mr. Hackley,

General Counsel, joined the meeting and, in response to the Chairman's
inquiry, Mr. Hackley expressed the view that with a quorum of the Board
in session, a general rule would be that actions taken, in order to be
legal, must be by a majority of those present.

Therefore, his conclusion,

Which he would like to check further, was that affirmative votes by three
of the four members present would constitute a legal action.

During

further discussion of the matter, Mr. Hackley reiterated the view that
the validity of actions taken by a majority of a quorum of the Board
could not be challenged because one of the members present abstained
from voting.




-11-

9/11/59

Thereupon approval was given to the discount rates as submitted
by the Federal Reserve Banks of Boston, Atlanta, and Minneapolis, with
Chairman Martin and Governors Robertson and Shepardson voting to approve,
and Governor Mills abstaining from voting on the action for the reasons
he herl indicated.
Secretary's Note:
In accordance with the foregoing action wires were
sent to the Federal Reserve Banks of Boston, Atlanta,
and Minneapolis approving the rates established by
those Banks effective September 14, 1959. The rates
were as follows:
On discounts for and advances to member
banks under Sections 13 and 13a--4 per cent;
on advances to member banks under Section 10(b)
per cent; on advances to individuals,
partnerships, and corporations other than member
banks under last paragraph of Section 13--5 per
cent.
A press statement in the usual form was issued at 4:00
p.m. EDST, all Reserve Banks and branches were notified
by telegram, and arrangements were made for publication
of a notice in the Federal Register.

Thereupon the meeting adjourned.

Secretary's Note: Following the meeting Mt. Hackley
sent to the members of the Board a memorandum, a copy
of which is attached to these minutes as Item No. 6,
with respect to the legality of action taken by the
Board when a member abstained from voting.




-12-

9/11/59

Secretary's Note: Acting in the absence
of Governor Shepardson, Governor Robertson
approved on behalf of the Board on September
91 1959, the following items:
Memorandum dated September 4, 1959, from Mr. Young, Director,
Division of Research and Statistics, recommending the appointment
of Kathryn Boylan Kissane as Statistical Clerk in the Division of
Research and Statistics, with basic annual salary at the rate of
$14,011.0, effective the date she assumes her duties.
Letter to the Federal Reserve Bank of Richmond (attached
Item No. 7) approving the appointment of Edward William Giesecke
as assistant examiner.
Pursuant to recommendations contained in memoranda from appropriate individuals concerned,
Governor Shepardson today approved on behalf of
the Board the following actions affecting the
Board's staff:
Salary increases, effective September 20, 1959:
,
Jo Ann L. Murray, Secretary, Division of Research and Statistics
from $4,340 to $4,490 per annum.
Edwin J. Swindler, Economist, Division of Research and Statistics,
from $71030 to $7,270 per annum.
Robert B. Hamilton, Personnel Technician, Division of Personnel
Administration, from $5,260 to $5,430 per annum.
Patricia L. Gannon, Secretary, Office of Defense Planning, from
$4,640 to $4,790 per annum.
Acceptance of resignation
AdminisMary E. Cumberland, Substitute Nurse, Division of Personnel
tration, effective September 4, 1959.
Leave without pay
Statistics,
Dorothy Drake, Editorial Clerk, Division of Research and
1959.
from October 21 1959, and ending on or about November 13,




0

9/11/59

-13-

Commission as Federal Reserve Examiner
Frederic Solomon, Director, Division of Examinations, commissioned
as a Federal Reserve Examiner, effective today.




cret

BOARD OF GOVERNORS
OF THE

Item No. 1
9111/59

FEDERAL RESERVE SYSTEM
WASHINGTON

OFFICE OF THE VICE CHAIRMAN

September 11, 1959.

Mr. Phillip S. Hughes,
Assistant Director for Legislative Reference,
Bureau of the Budget,
liashington 25, D. C.
Dear Mr. Hughes:
This is in response to your request of September
10, 1959, for the Board's comments on enrolled bill S. 2654,
Housing Act of 1959.
The Board has nothing further to add to the reasoning expressed in its letters of June 26, 1959 and August
31, 1959, on housing legislation passed earlier in the present
session of Congress.




Sincerely yours,

. Canby Balderston.

ootL4)-0,00(y.,

BOARD OF GOVERNORS
OF THE

Item No. 2.
9/11/59

FEDERAL RESERVE SYSTEM
WASHINGTON
4
4yo

OFFICE OF THE CHAIRMAN

September 11, 1959

Mr. Philip S. Hughes,
Assistant Director for
Legislative Reference,
Bureau of the Budget,
Washington 25, D. C.
Dear Mr. Hughes:
This is in response to your communication of September 10,
1959, requesting the views of the Board on an enrolled joint resolution,
H.J. Res. 493, "Making a technical correction in section 5136 of the
Revised Statutes (relating to national banks)."
This technical amendment to section 5136 of the Revised
Statutes would supply a deficiency resulting from two recent amendments
to this section, one of which relates to obligations of the Tennessee
Valley Authority and the other to obligations of the Inter-American
Development Bank. The two amendments made the limitations and
restrictions as to dealing in and underwriting investment securities
by national banks inapplicable to such obligations. Because the time
elapsing between approval of the two bills was so short the deficiency
resulted.
The Board recommends that the President approve this
legislation.




Sincerely yours,

Wm. }CC. Martin, Jr.

BOARD OF GOVERNORS
OF THE

Item No. 3

FEDERAL RESERVE SYSTEM

9/11/59

WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

September 11, 1959.

Mr. V. E. Rockhill, Executive Vice President,
Chase International Investment Corporation,
18 Pine Street,
New York 5, New York.
Dear Mr. Rockhill:
In accordance wlth the request contained in your letter of
July 131 1959, transmitted through the Federal Reserve Bank of New York,
and on the basis of the information furnished, the Board of Governors
grants its consent for Arcturus Investment & Development, Ltd., Montreal,
Canada, a wholly owned subsidiary of Chase International Investment
Corporation, to purchase, at an approximate cost of US078,000, and hold
135,000 shares, par value ML 1 each, of the capital stock of a textile
manufacturing company to be organized under the laws of the Federation
Of Nigeria, provided such stock is acquired within one year from the
date of this letter. The Board also grants its consent for Arcturus to
acquire and hold, in consideration for financial services rendered and
to be rendered to the company, an additional 16,875 shares of such
stock.
It is understood that, so long as Arcturus awns stock in the
Nigerian company, the Nigerian company will not engage in the general
business of buying or selling goods, wares, merchandise, or commodities
in the United States or transact any business in the United States
except such as would be incidental to its international or foreign
business. It is also understood that Arcturus will dispose of its
holdings of stock in the Nigerian company as promptly as practicable
In the event that the operations of the Nigerian company should at
44Y time be inconsistent with these understandings, Section 25(a) of
the Federal Reserve Act, or regulations thereunder relating to Corporaions whose stock is owned by an Edge corporation. Accordingly, the
t?ardis consent to purchase and acquire and to hold stock in the
Nlgerian company is granted with such understandings.




Very truly yours,
(signed) Kenneth A, Kenyon
Kenneth A. Kenyon,
Assistant Secretary.

BOARD OF GOVERNORS
OF THE

Item No. 4

FEDERAL RESERVE SYSTEM

9/11/59

WASHINGTON 25. D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

IgIE-%V,0*'
t` ktoni*"

September 11, 1959•
Comptroller of the Currency,
Treasury Department,
Washington 25, D. C.
Attention Mr. G. W. Garwood,
Deputy Comptroller of the Currency.
Dear Mr. Comptroller:
Reference is made to a letter from your office dated
May 12, 1959, enclosing copies of an application to organize a
national bank at Azle, Texas, and requesting a recommendation
as to whether or not the application should be approved.
A report of investigation of the application made by
an examiner for the Federal Reserve Bank of Dallas indicates
that a capital structure of ::i;150,000 would be provided for the
bank instead of $1000000 shown in the application. This revised
capital structure would appear to be adequate. From the informatIon available, it appears that the proposed directors of the bank
as a group might be acceptable provided a strong managing officer
was employed, but some doubt is expressed as to whether the officer
selected has enough experience to operate the institution satisfactorily. 'Wane a bank in the community would no doubt provide
more convenient services for the residents, the available volume
of business would not appear to be sufficient to support profitable
Operations of the institution. In the circumstances, the Board of
Governors does not feel justified in recommending 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.




Very truly yours,

(Signed) Kenneth A. Kenyon
Kenneth A. Kenyon,
Assistant Secretary.

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

Item No. 5

9/11/59

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

September

11, 1959,

Comptroller of the Currency,
Treasury Department,
Washington 25, D. C.
Attention Mr. W. M. Taylor,
Deputy Comptroller of the Currency.
Dear Mr. Comptroller:
Reference is made to a letter from your office dated
March 19, 1959, enclosing copies of an application to organize
a national bank at Sandy Springs, Georgia, and requesting a recommendation as to whether or not the application should be approved.
A report of investigation of the application made by
an examiner for the Federal Reserve Bank of Atlanta indicates
that the proposed capital structure of the bank would be adequate
for the volume and character of business. //Mile the earnings
Prospects appear to be only fair at this time and the need for
additional banking services may not be urgent, there seems to
be sufficient potential growth in the area to support the future
Profitable operations of the bank. Although the usual information was not given the investigating examiner relative to proposed executive officers and directors, it is understood that
a close relationship is contemplated with The Citizens and
Southern National Bank of Atlanta, Atlanta, Georgia, and The
Citizens and Southern Holding Company, Savannah, Georgia.
It is further understood that the holding company will
not acquire more than five per cent of the capital stock of the
bank, and accordingly, the acquisition would not require the
Board's approval under the Bank Holding Company Act of 1956.
However, attention is called to the fact that, if the election
of a majority of the directors of the bank is controlled by the
holding company, the bank would be a subsidiary of the holding
company within the meaning of that term as defined in section
2(d) of the Act, and accordingly, would be subject to the proof section 6(a) of the Act dealing with prohibited
transactions involving the holding company and subsidiaries of
such company.



Comptroller of the Currency
If arrangements are made for management satisfactory to
Your office, the Board of Governors would feel justified in recommending approval of the application.
The Board's Ed:vision of Examinations will be glad to
discuss any aspects of this case with representatives of your
Office if you so desire.




Very truly yours,
(Signed) Kenneth A. Kenyon
Kenneth A. Kenyon,
Assistant Secretary.

BOARD

Or GOVERNORS
CII THE

FEDERAL RESERVE SYSTEM

PiIce Correspondence
Pr°113

1,4,1.•

Item No. 6

9/11/59
Date September 11, 1959.

Subject:Validity of Board action
where quorum is present but one or
more members abstain from voting

The following supports the oral opinion expressed by me
regarding the above question at the Board meeting this afternoon.
It appears to be a well-settled general rule as to actions
by public bodies that "When a quorum is present the act of a majority
of the quorum is the act of the body." United States v. Ballan,
144 U.S. 1 (1894). This position has been liken by the courts with
respect to Federal administrative agencies such as Interstate
Commerce Commission, the United States Tariff Commission and the
Securities and Exchange Commission.
Where a quorum is present as a prerequisite for legal action,
the affirmative vote of a majority of the quorum constitutes legal
action by a public body. Frischer and Co. v. Bakelite Corp., 39 F. 2d
247, cert. den., 282 U.S. 'b2 (1970). As stated In another case,
"the vote of a majority of those present, there being a quorum, is all
that is required." (Barnett v. City of Patterson, 6 Atl. 15 (1886)).
This general rule applies even though a member of the body
Present abstains from voting. In an early English case (Oldknow v.
Iblinwriaht, 2 Burr. 1017), Lord Mansfield stated that "Whenever
electors are present and don't vote at all they virtually acquiesce
in the election made by those who do." This doctrine of acquiescence by nonvoting members has been followed by American courts; the
fact that a member present refuses to vote has been regarded as
immaterial where a quorum was present. For example, in a 1923 New
Jersey case, it was held that action by a city commission was valid
Where three of the five members were present and two voted in the
affirmative with the remaining mmber not voting. Houseman v.
120 Atl. 738.




BOARD OF GOVERNORS
OF THE

Item No, 7

FEDERAL RESERVE SYSTEM

9/11/59

WASHINGTON 25, D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

September 9, 1959.

Mr. N. L. Armistead, Vice President,
Federal Reserve Bank of Richmond,
Richmond 13, Virginia.
Dear Mr. Armistead:
In accordance with the request contained in
your letter of September 3, 1959, the Board approves
the appointment of Edward William Giesecke as an assistant
examiner for the Federal Reserve Bank of Richmond,
effective today.




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