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Minutes for

To:

September 20, 1960

Members of the Board

From: Office of the Secretary

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

Minutes of the Board of Governors of the Federal Reserve System on
Tuesday, September 20, 1960.
PRESENT:

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

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

Martin, Chairman I/
Balderston, Vice Chairman
Szymczak
Mills
Robertson
Shepardson
King
Sherman, Secretary
Kenyon, Assistant Secretary
Hackley, General Counsel
Solomon, Director, Division of Examinations
Hooff, Assistant General Counsel
Nelson, Assistant Director, Division of
Examinations
Mr. Benner, Assistant Director, Division of
Examinations
Mr. Sprecher, Assistant Director, Division of
Personnel Administration
Mrs. Semia, Technical Assistant, Office of the
Secretary

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

Continental Bank and Trust Company.
4 Sllit

Mr. Hackley reported that

against the Board had been filed yesterday by The Continental

44k and Trust Company, Salt Lake City, Utah, in the United States
IA-strict Court for the District of Columbia.

Although there had not

Yet been
an opportunity to examine the complaint, he understood that the
bank was seeking a declaratory judgment on the grounds the Board lacked
411th°r1ty to issue its order of July 18, 1960, requiring an increase in
eaPital and that its determination in the matter was not reasonable.
(Later in the meeting Mr. O'Connell, Assistant General Counsel,
et/tered the room and advised that a copy of the complaint had been served
°II each member of the Board.

He substantiated Mr. Hackley's comments

Entered meeting at point indicated in minutes.




9/2o/6o

-2-

regarding the nature of the suit, and there was a brief discussion
concerning the manner in which defense of the suit might be handled.)
Old Kent Bank and Trust Company.

Governor Mills referred to the

Board's approval at the meeting on September 16, 1960, at which he had
not been present, of a letter to the Department of Justice concerning
the matter of Old Kent Bank and Trust Company, Grand Rapids, Michigan.
The Department had requested the Board's views as to the desirability
°f filing either a motion for leave to file a petition for rehearing
en banc by the United States Court of Appeals or a petition for a writ
Of certiorari to the United States Supreme Court.

In reply the Board

stated that in its judgment the probability of either petition being
granted had been considerably lessened by the passage of the new merger
legislation, although, if the Department of Justice should determine to
Proceed further along either line of appeal, the Board would defer to
the Department's decision and its legal staff would cooperate fully in
l'endering whatever assistance was required.
Governor Mills said that he was not clear as to the Board's
l'e4e°ning in taking what appeared to be a neutral position after it
he4 declared a principle in its decision on the Old Kent case and also
14 a similar case involving Wachovia Bank and Trust Company, Winston-Salem,

Nor.+1,
--“ Carolina.

Although it was true that the new legislation now placed

resPonsibility in merger cases indisputably with the Board, he felt that,
114ving declared itself in principle, the Board should have sought to




'?r
0
R)

9/20/60

-3-

have further appellate action taken.

By failing to do so, it seemed

to him the Board was saying, in effect, that the original case was
ill-founded and that the Board lacked confidence in the principle it
had established.
Mr. Hackley then reviewed some of the considerations that had
entered into the drafting of the letter to the Department of Justice,
including the fact that the Supreme Court is reluctant to grant writs
Of certiorari except where a precedent would be set for future cases,
a factor no longer present in the Old Kent case in view of the passage
of the merger legislation.
Governor Robertson remarked that, as he had stated previously,

he was surprised when the Justice Department petitioned for rehearing
bY the original three-judge panel rather than by the court en bane.

It

Is unusual, he said, for a three-judge panel to grant a rehearing on a
case it has previously considered.

In the present circumstances it

seemed to him that the possibility of obtaining a writ of certiorari
fr°1n the Supreme Court was extremely slight, because, as Mr. Hackley had
P°inted out, the Court usually grants such writs only when the case may
8et a pattern for similar cases.

Therefore, he had gone along with the

letter to the Department of Justice because he considered it futile to
trY to carry the matter further and not because he thought that the case
had been decided correctly on its merits.




1)

9/20/6o
Governor Balderston stated that he had voted for approval of
the letter to the Department of Justice because he thought the principle
involved in the Old Kent case had been resolved by the merger legislation,
aad therefore a continuation of the Old Kent proceedings might seem
vindictive and, if not futile, at least wasteful.
Governor Shepardson asked if it had not been the decision of
the Department of Justice, rather than the Board, to take the petition
for rehearing back to the three-judge panel.

Mr. Hackley responded that

that was correct, and that the question whether to seek a rehearing
en bane or a writ of certiorari from the Supreme Court also was a matter
for decision by the Department.

It was his understanding that those in

authority at the Department were not inclined to look favorably on
Pursuing the matter further.
Discount rates.

The establishment without change by the Federal

Reserve Banks of Boston and Atlanta on September 19, 1960, of the rates
on discounts and advances in their existing schedules was approved
tulanimously, with the understanding that appropriate advice would be
seat to those Banks.
Items circulated to the Board. The following items, which had
been circulated to the Board and copies of which are attached to these
11.1.11tes under the respective item numbers indicated, were approved
Ilnantmously:




9/20/6o

-5Item No.

Letter to The Chase Manhattan Bank, New York City,
al)
Proving an extension of time to establish a branch
at 666-676 Forest Avenue, West New Brighton, Staten
Island.

1

Letter to Girard Trust Corn Exchange Bank, PhiladelPhia, Pennsylvania, approving an extension of time to
establish a branch at Comly Road and Roosevelt Boulevard.

2

Letter to The Reading Trust Company, Reading, Pennsylriania, approving the establishment of a branch at 1330
v
ochuylkill Avenue.

3

L!tter to First-Peoples State Bank, Traverse City,
-chigan, approving the establishment of a branch at
,
1,11
cil East State Street.
Letter to Wells Fargo Bank American Trust Company, San
!l'anoisco, California, approving the establishment of a
vranch in Oakland.

5

Report on competitive factors (Niles-Dowagiac, Michigan).
Memorandum dated September

A

9, 1960, from the Division of Examinations,

%/hich had been distributed, submitted a draft of report to the Comptroller
°f the Currency on the competitive factors involved in the proposed

Purchase of assets and assumption of liabilities of The Dowagiac National
BEttlk) Dowagiac, Michigan, by the First National Bank of Niles, Niles,
Michigan.

The report concluded with the statement that the proposed

tl'ansaction would lessen competition and tend to increase further the
4°minance of the applicant in the area.
In discussion of the matter, Governor Mills raised the question
Ihether a barrier such as a State line (in this case the Michigan-Indiana




9/2o/6o

-6-

line) should be used to define the area in which the two banks involved
competed, as was done in the report.

After reviewing the sources of

competition to the two banks, especially from banks in Indiana cities,
Governor Mills expressed the opinion that the proposed merger would
Provide better banking facilities to a community deserving them, and the
banking structure in the area might be strengthened.
Mr. Solomon agreed with Governor Mills' point about the State
line not being significant in determining the area of competition, and
It was understood that the report would be amended in this respect.

He

expressed the view, however, that the principal influences of the merger
an competition would be felt in the territory north of Niles.
There followed a discussion of the geographical relationships
involved and the banking facilities available.

Various suggestions were

then made concerning the wording of the conclusion in the report,
"Pecially with regard to the reference to the "dominance of the applicant"

811a

to the desirability of defining the area affected as being north of
The report then was approved for transmittal in a form that would

take into account, in the conclusion, the suggestions agreed upon at
this meeting.
The report subsequently transmitted to the Comptroller of the
eltrrencY contained the following conclusion:

The proposed transaction

1.7°111(1 lessen competition and tend to increase the strong position of the
4PP1icant within an area extending 15 miles north of Niles.




9/20/60

-7Application to organize a national bank in Corpus Christi,

Texas (Item No. 6).

A file had been circulated regarding an application

to organize a national bank in Corpus Christi, Texas.

The Federal Reserve

Bank of Dallas had suggested an unfavorable recommendation to the
Comptroller of the Currency on the application, while the Division of
Examinations concluded that a favorable recommendation would be warranted.
Governor Mills had indicated, when the file was in circulation, that he
agreed with the recommendation of the Federal Reserve Bank.
Governor Mills stated that the reason for his position was that
the proposed bank was to be located in the downtown business section of
Corpus Christi, which appeared to be deteriorating to a degree.

He could

not convince himself that there was any need for an additional commercial
hank in that locality or that such a bank could compete effectively with

the well-established banks already located there. If the proposal had
been to establish a bank in an outlying section of the city that had
13roapects for growth and ability to support a new bank, he might have
felt differently.

Also, he was not overly impressed by the stature of

the organizers.
Governor Robertson commented that he had not been able to find
411Y-thing in the file that supported the Federal Reserve Bank's recommendation.

Although the proposed location was in the older section of

tcYlgn, the organizers appeared to be successful businessmen, and he could
not find justification for the Reserve Bank's reservations about the




9/20/6o

-8-

Proposed management.

Therefore, he thought that the Examinations Division

was correct when it suggested that the Board recommend approval, provided
the Comptroller of the Currency was satisfied as to the management factor.
Governor Shepardson expressed uncertainty about the application.
He noted that Corpus Christi had had a tremendous growth based on the
Placement there of a large Naval installation, but some of the operations
Of that installation had been transferred to a Naval base in Florida,
'With a consequent setback to the Corpus Christi area.

Nevertheless, he

thought that the long-run growth prospects were good.

He also believed

in the principle that, as far as was reasonable, competent organizers
Should be allowed to establish banks and compete.

On balance, he was

inclined to go along with the favorable recommendation of the Division
Of Examinations.
Governor King stated that a fact he considered important was
that in the past few years two banks had been incorporated in Corpus
Chllsti--one State and one national--and those banks had not experienced
l's.Pid growth.

As he saw the picture, Corpus Christi had two fairly large

hallks and quite a few smaller banks.

He was not convinced that the

est
ablishment of another bank to compete with those new, small banks,
'Which had already had difficulty in growing, would be a good thing.

He

th°11ght the difficulties these recently-established banks had experienced
e a warning sign.
'
Ifel

Although the organizers of the proposed bank

l ePortedly had pledges of $4 million in deposits, he noted that there
'




9/20/6o

-9-

no commitment as to what would happen to those deposits once they
were in the bank.

For these reasons, he would be inclined to recommend

clisaPproval of the application.

In his opinion, a city the size of

Corpus Christi was not well served by having a large number of small
banks.
Mr. Nelson pointed out that the two banks Governor King had
mentioned were outlying banks.

In the downtown section, he said, there

Were two banks of fair size, but an estate owned one of them entirely
and part of the other one, so that they were not completely competitive.
Governor King then expressed the thought that in a city the size
°f Corpus Christi an outlying bank is still close enough to the business
section
to make its facilities easily available, whereas "outlying" would
have a different meaning in a larger city.
Governor Szymczak stated that he agreed with Governors Mills and
King, and therefore with the Federal Reserve Bank's recommendation of
disapproval.
Governor Balderston stated that upon reviewing the file his
lieaction had been favorable and that as a matter of principle he liked
to see new banks starting.
a

However, he recognized that the question was

close one.
Accordingly, it was decided to recommend unfavorably on the

4PPlication, Governors Szymczak, Mills, and King voting for such a
l'ecoMmendation, Governors Robertson and Shepardson voting against it,
arId.

Governor Balderston abstaining.




9/20/60

-10A copy of the letter sent to the Comptroller of the Currency

Pursuant to this action is attached as Item No.

6.

Salary structures at Federal Reserve Bank of Dallas and branches
(Item No. 7).

A draft of letter to the Federal Reserve Bank of Dallas

had been circulated which would approve revised minimum and maximum
salaries for the respective grades of the salary structures of the Bank
a4d. its branches, effective October 1, 1960.
The letter, a copy of which is attached as Item No. 7, was
a Payfl unanimously.
--P—E.
At this point Mr. O'Connell entered the room and Mr. Sprecher
w
ithdrew.
Absorption of exchange charges.
113ard's interpretation of August

Following the issuance of the

4, 1960, regarding absorption of exchange

hal'ges as payment of interest on demand deposits, a draft of possible
s4amination procedures was sent by the Division of Examinations to the
Vice Presidents of the Federal Reserve Banks in charge of examinations
f°11 their comments.

A draft of letter had now been distributed which

V°41d inform those Vice Presidents that after further study of the
suhieet, including consideration of the views expressed by the Presidents
of the Reserve Banks when they met with the Board on September 13, 1960,
It had been decided not to issue any specific suggestions or instructions
or

the subject at this time and to treat the matter like other examination

qtlestions.




9/20/60

-11It was noted that there had been distributed to the Board copies

Of letters from the Bank Management Commission of the American Bankers
Association, from other groups of bankers, and from individual banks
requesting modification of the position taken in the Board's interpretation, and that additional letters had been received and were likewise
being distributed.

It was pointed out, also, that the American Bankers

Association was meeting this week, that the question of absorption of
exchange charges was a matter of discussion among the bankers attending,
and that some further representation from the Association seemed possible.
There was general agreement that in the circumstances it would
he desirable not to write to the Vice Presidents in charge of examinations
about the matter at the present time, and that after the meeting of the
Alaftican Bankers Association was concluded representatives of the
Association should be invited to meet with the Board.

After discussion

°11 the possibility that the Federal Deposit Insurance Corporation might
change its position on the absorption of exchange charges, it was suggested

that the Board might invite representatives of the Corporation to attend
411Y meeting with representatives of the American Bankers Association, and
e'greement with this suggestion was expressed.
Pan American Bank of Miami.

In regard to the Pan American Bank

f Miami, Florida, Governor Robertson stated that, as previously reported
to the Board, two of the Sottile banks were to be sold with net proceeds
Of 4.
Y2
,130,000,




and Connecticut Mutual Life Insurance Company originally

9/20/60

-12-

intended to apply these proceeds to a reduction of its claim against
Sottile, Inc., and payment of arrearages.

Governor Robertson had

suggested that the insurance company consider using the funds to purchase
stock in the Pan American Bank in order to place the bank in sound
condition.

Representatives of the company stated that consideration

would be given to the matter at a meeting of the executive committee on
September 19, and asked Governor Robertson to determine the amount of
eaPital needed to restore the capital accounts of the bank to sound
condition.

An appraisal by the Chief Examiner of the Federal Reserve

Bank of Atlanta indicated that the net capital deficiency of the Pan
American
Bank was about *2,140,000, and Messrs. Solomon and Benner
c
oncurred.
Governor Robertson said that yesterday he had conferred by
telephone with Mr. Tenney, Vice President of the insurance company, and
III'. Weir, Assistant Vice President.

After considerable discussion they

illelicated an inclination to employ the net proceeds from the sale of the
tlgo banks to increase the capital of Pan American.

They suggested, however,

that the funds be used to purchase preferred stock instead of common, a
Ilr°Posal from which Governor Robertson had attempted to dissuade them.
Governor Robertson reported that a common stock issue of *2.5
was contemplated, with the insurance company taking up something
'*2 million of this amount and at least part of the balance sold
°vex
thr
ough the exercise of rights by present shareholders.




Thus it seemed

9/20/60

-13-

p1'Obable that the capital deficiency estimated by the Atlanta Reserve
Bank's Chief Examiner could be covered.
After discussion of the developments outlined by Governor
Robertson, agreement was expressed that the plan seemed a suitable one
'which deserved Board support, and Governor Robertson was authorized to
Proceed in his discretion.
Chairman Martin joined the meeting at this point and Governor
Balderston described certain matters that had been discussed, including
the prospective meeting with representatives of the American Bankers
Association regarding the Board's interpretation on absorption of
exchange charges.

Chairman Martin expressed no objection to the con-

plated procedure.

The meeting then adjourned.




Secretary's Note: Governor Shepardson today
approved on behalf of the Board a memorandum
dated September 20, 1960, from Messrs. Noyes
and Kelleher recommending that the purchase
option covering the IBM 650 computer which will
expire on October 6, 1960, not be exercised nor
renewed.

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

Item No. 1
9/20/60

ADDRESSOFFICIAL CDRRESPDNOEf'4CE
TO THE SOAR°

September 20, 1960

Board of Directors,
The Chase Manhattan Bank,
New York, New York.
Gentlemen:
Pursuant to your request submitted through the
Federal Reserve Bank of New York, the Board of Governors
extends to May 1, 1961, the time in which to establish a
branch at 666-676 Forest Avenue, West New Brighton, Staten
Island, New York, by The Chase Manhattan Bank under the
authorization contained in the Board's letter of March 28,
1960.




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

BOARD OF GOVERNORS

.
44ixt***4

..%10174t4,0* .t,

OF THE

Item No. 2
9/20/60

FEDERAL RESERVE SYSTEM
WASHINGTON 25, D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

September 20, 1960

Board of Directors,
Girard Trust Corn Exchange Bank,
Philadelphia, Pennsylvania.
Gentlemen:
Pursuant to your request submitted through
the Federal Reserve Bank of Philadelphia, the Board
of Governors has approved an extension of time until
March 25, 1961) in which Girard Trust Corn Exchange
Bank may establish a branch near the northeast corner
of Comly Road and Roosevelt Boulevard, Philadelphia,
Pennsylvania. The establishment of this branch was
authorized in a letter dated October 5, 1959.




Very truly yours,

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

I5/50,
BOARD OF GOVERNORS
OF THE

Item No.

FEDERAL RESERVE SYSTEM

3

9/20/60

WASHINGTON 25, D. C.

ADDRESS OFFICIAL CORRESPONDENCE
TO TI-4E BOARD

September 20, 1960

Board of Directors,
The Reading Trust Company,
Reading, Pennsylvania.
Gentlemen:
Pursuant to your request submitted through
the Federal Reserve Bank of Philadelphia, the Board
of Governors of the Federal Reserve System approves
the establishment of a branch at 1330 Schuylkill
Avenue, Reading, Pennsylvania, by The Reading Trust
Company, provided the branch is established within
one year from the date of this letter.




Very truly yours,

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

!TSC'7'
BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM

Item No.

4

9/20/60

WASHINGTON 25, D. C.

ADDRESS OFFICIAL. CORRESPONDENCE
TO THE BOARD

September 200 1960

Board of Directors,
First-Peoples State Bank,
Traverse City, Michigan.
Gentle en:
Pursuant to your request submitted throuJ1 the
Pederal Reclerve Bank of Chicago, the Board of Governors of
the Federal Reserve Syster approves the establishment of
.! branch at 231 East State Street, in Traverse City, by
tirst-Peoples State Bank, provided the branch is established within ninety days.
It is understood that this branch is to be
Aerated for a temporary period while the street providing
to the main office drive-in window is closed due to
'le construction of a new bridge across the Boardman River.




Very truly yours

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

r-,!1

BOARD OF GOVERNORS

444*****4

"owcov

OF THE

Item No. 5

FEDERAL RESERVE SYSTEM

9/20/60

WASHINGTON 25, D. C.

ADDRESS OFFICIAL CORRESPONDENCE

_4141
‘4‘,xtiatIA

TO THE BOARD

September 20, 1960

Board of Directors,
Wells Fargo Bank American Trust Company,
San Francisco, California.
Gentlemen:
Pursuant to your request submitted through the
Federal Reserve Bank of San Francisco, the Board of
Governors of the Federal Reserve System approves the establishment of a branch in the vicinity of 22nd and
Webster Streets, Oakland, California, by Wells Fargo Bank
American Trust Company, San Francisco, California, provided
the branch is established within nine months from the date
of this letter.




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

BOARD OF GOVERNORS
OF THE

Item No.

FEDERAL RESERVE SYSTEM

6

9/20/60

WASHINGTON 25, D. C.
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

September 20, 1960

2,0mptroller of the

Currency,
4Ur Department,
aahington 25, D. C.
Attention Mr. G. W. Garwood,
Deputy Comptroller of the Currency.
1)ear lir. Comptroller:
20,
Reference is made to a letter from your office dated June
1960
in
bank
national
senclosing copies of an application to organize a
!
corp
or
whether
1t1 Christi, Texas, and requesting a recommendation as to
40,t ;
he application should be approved.
A report of investigation of the application made by an
n -u-Lner for the Federal Reserve Bank of Dallas indicates that the pro!" capital structure of the bank would be adequate. The proposed
t°
0
b:4 of directors is composed of a group of substantial businessmen
1/112:e of the individuals has had any banking experience
question as to the qualifications of the proposed
Ative officer, the management factor can not be favorably evalqatell
neeli a at this time. Information available does not indicate a pressing
tItifor a downtown bank at the present time and the prospects for
to i7e earnings of the institution are somewhat uncertain. This appears
information,
l3 a borderline case and after considering all of the
the e
of the applicaapproval
t404.0ard does not feel justified in recommending
The Board's Division of Examinations will be glad to discuss
kaY
desiZects of this case with representatives of your office if you so




Very truly yours,

e,c(iHt
.

t,)(1 ,

Elizabeth L. Carmichael,
Assistant Secretary.

C.) L.

BOARD OF GOVERNORS
OF THE
tr

FEDERAL RESERVE SYSTEM

I

WASHINGTON 25. D. C.

No. 7
9/20/60

Item

4
ADORERS OFFICIAL CORRESPONDENCE
TO THE SOAR°

September 20, 1960

. COITTNTTAT, (F1)
Mr. Natrous H. Trons, President,
Federal Reserve Bank of Dallas,
Dallas 2, Texas.
Dear Mr. Irons:
In accordance with your letter of September 8, 1960,
the Board of Governors approves the following minimum and maxlmum salaries for the respective grades of the salary structures
of the Federal Reserve Hank of Dallas, effective October 1, 1960:

Grade
--T-2
3

Dallas-El Paso-Houston
Maximum
Minimum
73,240
f;r155
3,300
2,460

6600

4
5

2,860
3,13';
3,450

7
8
9
10
11
12
13
14
15
16

3,820
14,200
4,680
5,2oo
5,800
6,hoo
7,10)
7,900
8,800
9,800

3,515
3,860
4,230
4,660
5,150
5,670
6,320
7,025
7,800
8,700
9,600
10,700
11,900
13,300

San Antonio
Minimum Maximum
42,400 757E0
3,300
2,460
3,360
2,500
2,700
3,645
2,920
3,940
4,320
3,200

3,50o
3,830
4,220
4,650
5,200
5,700
6,300
7,000
7,800
8,700

4,725
5,170
5,695
6,280
6,900
7,700
8,500
9,500
10,600
11,700

The Board aporoves the payment of salaries to the
emPlovees other' than officers within the limits specified for
the ra,' in which the positions of the respective employees
are
Tt is assumed that all employees whose salaries




BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

Mr. Irons

- 2

are below the minimums of their grades as a result of these
structure adjustments vill be brought within the appropriate
range as soon as practicable and not later tan January 1, 1961.
The Board understanils that the anticipated increase
in salary expense resulting from the ad:lustments in salary
structures can be handled within the limits of 1960 and 1961
budget estimates.




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