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1374

A meeting of the Board of Governors of the Federal Reserve
arsetftwas held in Washington on Friday, September 15, 1944, at 2:30

PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

Eccles, Chairman
Ransom, Vice Chairman
McKee
Draper
Evans

Mr. Morrill, Secretary
Mr. Bethea, Assistant Secretary
Mr. Carpenter, Assistant Secretary
Mr. Thurston, Special Assistant to the
Chairman
Mr. Dreibelbis, General Attorney
Mr. Vest, Assistant General Attorney
Mr. Wyatt, General Counsel
There were presented telegrams to Mr. Flanders, President of

the Pede

ral Reserve Bank of Boston, Mr. Treiber, Secretary of the FedeN. Res
erve Bank of New York, Messrs. Leach and McLarin, Presidents

c't the
ederal Reserve Banks of Richmond and Atlanta, respectively,

kr. btia

arc', Vice President of the Federal Reserve Bank of Chicago,
Ste
Ntell war*t, Secretary of the Federal Reserve Bank of St. Louis, Mr.

'Vice President of the Federal Reserve Bank of Minneapolis,
. oasid
ktici 148 well, President of the Federal Reserve Bank of Kansas City,
sre. Stroud and Earhart, Vice Presidents of the Federal Reserve
a of
uallas and San Francisco, respectively, stating that the
oar,(1
approved
the establishment without change by the Federal Reserve
or ,
°t. Louis and San Francisco on September 12, the Federal ReAtlanta on September 13, the Federal Reserve Banks of




1375
9/15/44
-2New

York, Richmond, Chicago, St. Louis, Minneapolis, Kansas City,

kid Dallas on September 14, and the Federal Reserve Bank of Boston
tocia
,
"of the rates of discount and purchase in their existing
8chediaes.

Approved unanimously.

In accordance with the action taken at the meeting of the
13°4baon

September 12, 1944, the Legal Division had presented a legal

°P1111t Prepared under date of September 14, 1944, in which the posit4r1 was taken that the Board was not required to disclose to the
eckllicil drafts of proposed legislation to which the Board might be
tillitige°nsideration.

The memorandum on this subject which was read

ttheeeting on September 12 had also been revised and was available
:
c°118ideration at this meeting.

The opinion and memorandum were

Ncialld discussed. The question was raised by Mr. McKee whether,
then
(knell did not mention the matter at the joint meeting with
"

he

It \la
*t

4rd of Governors, the Board should make any reference to it.

8 P°inted

00

out that, at the meeting of the executive committee of

With members of the Board on June 7, Mr. Brown, President
°I* the
tatter
W4

e°11noil stated that the Council felt very strongly about the

4nd could not let it rest without determination, so that there
tie likelihood of the matter not coming up at the forthcoming
t g

Upon motion by Mr. Evans, the memorandum was approved unanimously in the




1376
9/15/44
-3following form with the understanding
that, if the question were raised by the
Council at its meeting with the Board
next week, the memorandum would be read
and copies distributed to the members of
the Council, and that if a request were
made for copies of the legal opinion they
would be made available also:
"
.The Federal Advisory Council at several of its meet?
recent months asked that the Board of Governors
;rnish to the Council for its information and as a basis
discussion a draft of the holding company bill which it
1`.',"derstood had been prepared by the Board. The Council
considered the statement made in the Board's 1943 An11141 Report with respect to recommended holding company
eislation but stated that without more detailed informaj
a;
°n it could not discuss the subject with profit. It was
1480 stated on behalf of the Council that it felt that it
131,8 legally entitled to information from the Board as to
W.°13c)eed legislation vitally affecting the banking system
end that, apart from the question of legality, the Council
21-11c1 not function and could not properly cooperate with
the
e
Board unless it were given such information. The
tnneil was advised that the Board would consider the mat'
1 at a meeting when all Board members were present. It
17,8 suggested in this connection that the question involved
0
;
8 not chiefly a legal one but the much more important
a Of the Board and the Council understanding each other
ane
working together in the common cause.
t1,4
The Board has consulted its attorneys with regard to
130
-4-s matter and has been advised that in their opinion the
pr
!
rcl is not required to disclose to the Council drafts of
..uPosed
bills to which the Board may be giving considera,,Ion.

4

no, "It seems obvious to the Board that the Council does
IQ have the right to call for all information which the
andrd may have. For example, orders for removal of officers
directors under the provisions of section 30 of the
irl ing Act of 1933 cannot, because of the specific pro--varci • of the statute, be disclosed to others. Again, the
clo„ls given a discretion in the law with respect to disove'"re of examination reports of State member banks. Morethere are cases in which it is manifestly inadvisable




1377
9/15/44

-4to Permit advance knowledge to reach the public with
respect to proposed changes in margin requirements or
Posed actions with respect to reserve requirements
and
i similar matters. The mention of these various sub!?te is sufficient to show that there are certain facts
'
1341-lch the Board may not be required to disclose. The
e°ard in the light of all its responsibilities must excise a sound discretion with reference to the question.
dr "If the Board were required to submit to the Council
ti afte of legislative bills which it has under considerai ny it is entirely possible that the Council would find
advisable to ask the Board to submit to it drafts of
bills, or even drafts of all proposed regulations
ch the Board might at any time have under study, reardless of the stage of their consideration. This would
tean that practically all actions or proposals relating
the general affairs of the System which the Board
a Tit wish to consider, through its staff or otherwise,
1'
1 4 even in the most tentative way, would have to be fur„,
4,t1-?hed to the Council. Obviously this would greatly imlaT-r the. freedom of consideration of matters by the Board
make it very difficult for it to operate effectively.
would be especially true in those cases where the
leedd, as not infrequently happens, is considering proposed
a e-Lelation or proposed regulations jointly with other
eiee of the Government, such as the Treasury or the
co" supervisory agencies. It would be necessary that the
orlulcil be given drafts of all such proposed legislation
po regulations while still in tentative form. Such a
mataition,
.
taken to its logical conclusion, mould even
e it necessary for the Board to consult with the Council
it each case before replying to the numerous requests which
0 receives from Congress or the Budget Bureau for its
girl
t.ion with regard to pending or proposed legislation.
pis''ead of not less than four meetings a year as contemtoated by the statute, it would be necessary for the Board
co have very frequent, perhaps almost daily, meetings or
i,12tact3 with the Council. Obviously the law did not so
17;')Lend and the Board's ability to operate effectively
be seriously impaired.
in
The Council is not restricted in giving advice or
ae,,,making recommendations to the Board by its failure to
- drafts of bills which the Board has under consideration

2

g
4

Z




1378
9115/44

-5-

tt,
"41. any particular subject. The Council is entirely
tree to formulate and discuss with the Board its own
urafts of bills or recommendations on any subject in
which it is interested, whether or not the Board is
!
tutring the subject. The Council may present such
'rafts to the Board independently of any drafts of bills
Or contemplated recommendations which the Board may have
11111er consideration. For this purpose the Council can
Obtain statistical and factual information that the Board
414Y have available on the subject.
"Wholly aside from any legal question involved, the
iniPortant consideration is to arrive at a reasonable and
P3ractical working arrangement between the Council and the
j
ard under which each may properly discharge its respon-bilities under the law without in any ray affecting
Inie ability of the other to discharge its lawful responsi—
'
laities. It is essential that the Board should not be
illi
titirler compulsion to furnish drafts of bills which it has
consideration to the Council or to anyone else if
feels that such action would be incompatible with the
j
oper discharge of its functions or affect its ability
carry out its responsibilities. Furthermore in the
nature
of the case the Board must itself be the judge of
Whether
there is adequate reason for declining a request
;
1r
a. the
Council. The Board expects in the future as it
the past to furnish to the Council any available
:r al which
hi
may be requested unless for some good
till?e it feels that it should not do so. It is essen—
'
toal- that the Council and the Board each give recognition
Thus
thethe functions and responsibilities of the other.
Council should not expect to receive from the Board
III?, material which the Board for good reason feels should
.
111.
'
..be disclosed, and, on the other hand, the Board, recog—
gbr
zIng fully the responsibilities of the Council, should
ever to it all information which the Council desires when—
here is no sound reason for not doing so. Only
th vu4s way can the two bodies work together and accomplish
e ends which Congress had in mind in establishing them."

2

M4141,

• McKee referred to informal discussions which had been had

• Brainard, Chairman of the Federal Reserve Bank of Cleveland,




1379
,
44
94
-6"
ovn
nection with the retirement aflowance of Mr. Fleming who will
retir.e
as President of the Bank on September 15. It appeared that
111% pl

at his request, had been placed in a retired status by
the
Retirement System on July 1, 1944, in order to vest the pension
Portio,
- of his retirement reserve, and that at the request of the diNttor
8 of the Bank had continued to serve as President and to draw
Ilia I,
egular salary at the rate of $25,000 per annum. However, during
the
Period that he continued to serve as President he did not receive
kly or
the retirement payments that ordinarily would have been made,
kid Ian
del' a rule of the Retirement System the regular retirement payreeerir

Om the pension portion of the reserve were deducted from the

e even though they were not disbursed. This had the effect of
rechle.,
'
Llle the total pension payments that would be made to Mr. Fleming
°1‘ to .
Ills estate in the event of his death before the reserve was ex-

hket

and Mr. Brainard had inquired whether the Board would approve

8P1

payment to the Retirement System by the Federal Reserve

1)11,e
:
0 that the
total payments to Mr. Fleming or his estate would not
lleed because of his continued service as President of the Bank.
thia

- expressed the opinion that, if there were any inequity in

8itilation, it was the result of the rule of the Retirement System,
4.1k1 that 4
correct it appropriate action
th4c1, 41* any action were justified to
e taken by the Retirement System.




1380
9/15/44
—7—
The other members of the Board present were in agreement with this position,
and the suggestion was made during a further discussion that the matter might be
taken up informally with Mr. Rounds, Chairman of the Retirement Committee, when he
comes to Washington next week to attend
the meeting of the Federal Open Market
Committee.
In connection with a discussion of the matters on the agenda
to

the

°4

Conference of Presidents of the Federal Reserve Banks beginning

rl

September 18, Chairman Eccles raised for consideration the
N44c
Y that
should be followed with respect to public statements by
4Pre
sentatives of the System in connection with the Bretton Woods
IteNe
alent- In the discussion which followed various suggestions were
tade
tit no decision was reached.
LaY)

At this point Messrs. Thurston, Dreibelbis, Vest, and Wyatt
Illthdre
from the meeting.
The action stated with respect to each of the matters hereinkrter
eferred to was taken by the Board:

Pim

The minutes of the meeting of the Board of Governors of the
Reserve System held on September 14, 1944, were approved unani-

tatlit

Telegram
to Mr. Evans, Vice President of the Federal Reserve
of °alias, reading as follows:
Po' "Reference letter September 12. Board approves apIlItment of James 0. Russell as assistant examiner. If




1381
9/15/44
—8—
appointment is not made effective September 18, please
advise us.0
Approved unanimously.
Letter to the Presidents of all the Federal Reserve Banks read—
trig a.
f011oWS:

"In connection with the execution of T—Loan guar—
Iftees) there is enclosed a copy of a letter received
the Board from the United States Maritime Commission,
Lliiated
September 13, 1944) signed by Lieutenant B. B. Griffith,
„
8_8istant to Director of Finance, enclosing a form of
,Qtatement as to Eligibility of Borrower for Proposed T
a to be used by Maritime Commission representatives
alasilant to instructions from the Maritime Commission to
Federal Reserve Banks, dated August 22, 1944."

,

Z

Approved unanimously.

Thereupon the meeting adjourned.

441•0




Chairman.