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1279 A meeting of the Board of Governors of the Federal Reserve SYstern aot. waS held in Washington on Saturday, SepteMber 4, 1943, at 11:00 PRESENT: Mr. Mr. Mr. Mr. Mr. Mr. Eccles, Chairman Ransom, Vice Chairman Szymczak McKee Draper Evans Mr. Bethea, Assistant Secretary Mr. Carpenter, Assistant Secretary Mr. Clayton, Assistant to the Chairman The action stated with respect to each of the matters herein- refer red to was taken by the Board: The minutes of the meeting of the Board of Governors of the FedeN, Res ell "System held on September 3, 1943, were approved unanimously. the terucrandum dated September 1, 1943, from Mr. Paulger, Chief of a lasion of Examinations, recommending that Miss Audrey L. Moye be 13Pc)illted as a stenographer in that Division on a temporary basis for a P(*iod Of not to exceed three months, with basic salary at the rate of AO Per the perf annum, effective as of the date upon which she enters upon 41 °Pnlance of her duties after having passed satisfactorily the tiet,ocaPthY.8ical examination, with the understanding (1) that if anything should kt:'-etory develop in the investigation of her references her serv- tpin.ted immediately and (2) that if her services prove 4 verria,, during her temporary appointment she will be recommended for - ent a ' ppointment. Approved unanimously. 1280 9/443 -2Memorandum dated August 31, 1943, from Mr. Goldenweiser, DiOtor of the Division of Research and Statistics, recommending, (1) on the adViee of her physician, that Mrs. Nancy B. Kelly, secretary to lire Stark, Assistant Director of the Division, be granted leave of abce without pay for such time as may be necessary, not to exceed three korths from September 1, 1943/ to clear up an asthmatic condition, and that the Board continue to make its contributions to the retirement te on U18. Kelly's behalf during her absence provided she continues °Wn cont ributions for the same period. The memorandum stated that ICellY had been away from the office since July 30 on sick leave, arklsUggested that the period July 30 to August 10 be charged to accu4118.tecl and credit), accrued sick leave (leaving one day of sick leave to her that August 11 to August 31 be charged to accumulated and ac- beal leave, and that leave for the period beginning September 1 charted to leave without pay. Approved unanimously. /Tern°randum of this date from Mr. Carpenter, submitting the res181°11 of Miss Mary Elizabeth Kielkopf as a junior file clerk in the Seel'etalts orrice, become effective as of the close of business on 4Pteraber 13, 1943, t and recommending that the resignation be accepted ()r that date. The resignation was accepted. 1144k or Letter to Mr. Fletcher, Vice President of the Federal Reserve Cleveland, reading as follows: 'In accordance with the request contained in your 1281 9/4/43 -3letter of 1943, the Board approves the deslazations August 31, of the following as special assistant examiners for the Federal Reserve Bank of Cleveland: W. L. Edelen Charles Curro Walter Kuhl George Frede J. B. Walsh Ralph Hein "The names of Richard Oettinger Howard Marsh Walter Swedersky Arnold Motz (Smerdeski) have been special assistant of removed the roster from exa miners." Approved unanimously. eNL Letter to Mr. Laming, Vice President and Cashier of the FedIlese," 've Bank of Cleveland, reading as follows: Inc, "This refers to your letter of August 18, 1943, stat' or thrt, consideration is being given to the discontinuance hanrca3r1rient of supplemental compensation to employees of your eouiiand inquiring whether, in view of the provisions of Exnier14 ' ve Order No. 9250, your Bank may discontinue the pay`' °I* such supplemental compensation. sta,k. So far as the law and regulations relating to salary pa37;llization are concerned, your Bank may discontinue the the 7,11.t,' Of supplemental compensation within the limits of lati °wing provisions of the Salary Stabilization Regu(34 of October 27, 1942: th i Sec. 4001.7 Decreases in salaries of less 15_222. -- In the case of a salary rate exlsting as of the close of October 3, 1942, under ich an employee is paid a salary of less than 00 per annum for any particular work, no de21:ease shall be made by the employer below the ulghest salary rate paid for such work between j „,anuarY 1, 1942, and September 15, 1942, unless to correct gross inequities or to aid in the eflective prosecution of the war. Any decrease in silch salary rate after October 3, 1942, shall be c°nsidered in contravention of the Act and the ' l egulations, rulings, or orders promulgated thereIlnaer if such decrease is made prior to the apProval of the Board or the Commissioner, as the case may be. 'Sec. 4001.8. Decreases in salaries of over „ -- In the case of a salary rate existing the close of October 3, 1942, under which r 1282 914/43 —4— "'an employee is paid a salary of $5,000 or more Per annum, no decrease in such rate made by the employer shall be considered in contravention of the Act and the regulations promulgated there— under (see section 5(b) of the Act); provided, however, that if by virtue of such decrease the 11,e17 salary paid to the employee is less than if6,000 per annum, then the validity of such de— crease below $5,000 shall be determined under the provisions of section 4001.7 of these regu— lations.' "Section 5(b) of the Act reads as follows: 'Nothing in this Act shall be construed to Prevent the reduction by any private employer of the salary of any of his employees which is at the rate of $5,000 or more per annum.' of Since, es indicated in the nee to officers and employees tha.°Jur Bank dated June 1, 1943, enclosed with your letter, month-7ertime Payments are computed on basic salary plus the Y amount of supplemental compensation, it is assumed that celiP-Lemental compensation is a part of the rate of salary re— actl ! ir cl bY employees of your Bank. In the circumstances, any discontinuine the payment of supplemental compensation the B the limits stated above would require prior approval of Joizit°ard of Governors and would have to be certified to the Orde,; -(31nmittee on Salaries and Wages as provided in General ' 01,,;°• 19 of the National War Labor Board. "This and , reply relate:, solely to the legal question involved poisi'°es not undertake to raise or discuss any questions of of j?" which might be involved in a discontinuance of payments `q3Plemental compensation." Approved unanimously. Letter to Mr. Woolley, Vice President and Cashier of the Federal e 8ank of Kansas City, reading as follows: paw. "R eference is made to your letter of August 25 to Mr. regarding the proposed reemployment of Winfrey B. Aker h Who recently received his discharge from the Army. Per Of Mr. Y°ur request, the Board approves the reappointment that vs Aker as an assistant examiner, provided, however, rollo"e is reemployed by the Reserve Bank within 30 days woring the date of this approval letter. and il:lease advise us whether or not Mr. Aker is reemployed s°, the effective date of his appointment as an as— q116 eXaltiner." Approved unanimously. 28:1 9/4/43 -5Letter to the board of directors of the "State Bank of Howards 4°17e", Howards Grove (P. O. — R. #11 Sheboygan, Wisconsin), stating that, 8ubject to conditions of membership numbered 1 to 3 contained in t413(3ardis Regulation H, the Board approves the bank's application for 441belishiP in the Federal Reserve System and for the appropriate amount °.r atock 4-1-u the Federal Reserve Bank of Chicago. Approved unanimously, for transmission through the Federal Reserve Bank of Chicago. illemcrandum dated September 1, 19433 from Mr. Smead, Chief of the lavision of Bank Operations, referring to the Board's letter of '1114 3, 1943, to the Presidents of all the Federal Reserve Banks in 11 they were requested to review the cla sification of member banks t°r electoral Purposes and to advise the Board of any changes they would recommend. The that changes in memorandwn recommended, for the reasons stated therein, the classifications of member banks in the Cleveland and diStriCtS be approved as set forth ih letters to the respective Slloted below, and that no changes be made in the classifications ()t nienlbe/' banks in the remaining districts. Letter to Mr. Fleming, President of the Federal Reserve Bank of Cleveland: of 0 "Referrine to your letter of August 5, 1943, the Board tor has changed the classification of member banks of °IrernOrs the Purpose of electing Class A and Class B directors wilP11/' Bank as suggested in your letter, so that Group 1 exc;C?nsist of banks with a combined capital and surplus nng $999,9991 Group 2 of banks with combined capital with--Plus of $200,001 to $999,999, and Group 3 of banks combined capital and surplus of less than $200,001." Letter to Mr. McLarin, President of the Federal Reserve Bank of Atlanta: I. 284 9/4/43 -6or "Referring to your letter of August 16, 1943, the Board Governors has changed the classification of member banks °/ the Purpose of :' electing Class A and Class B directors of Je°11r.Bank as suggested in your letter, so that Group 1 will lst of banks with combined capital and surplus of all,' ,°00 and over, Group 2 of banks with combined capital 14,surplus of $200,000 to $799,999, and Group 3 of banks ''n combined capital and surplus of less than $200,000." p X Approved unanimously. Letter to Mr. James A. Treanor, Jr., Director of the Trading EcIallge Division, Securities and Exchange Commission, Philadelphia, 'elltsYlvatial reading as follows: 31, "This refers to Mr. Orrin C. Knudsents letter of August regarding the application of Shawmut Association, StIII, Massachusetts, to withdraw its listing on the Boston xchange. The letter requests information concerning po;tannual reports, interim statements of condition, and relevisicf examination of holding company affiliates under the co ation administered by the Board, together with blank irls-es°II any forms which the affiliates must use or follow conlinection with such reports or statements. item,2 P r Your information, there are enclosed copies of the ?0; ulscussed below: - Annual Report of Holding Company Affiliate The oard of Governors of the Federal Reserve System. each13°ard reouests an annual report in this form from V4iIn h°1ding company affiliate which holds a general Permit issued by the Board pursuant to section Fir of the Revised Statutes. The holding company afth Itte furnishes, as a part of its annual report to cli:4 ' 4)ard, a copy of the annual report prepared for or co;.ributed to its shareholders for the fiscal year Por:!eLby the annual report to the Board. ren' rit 220 FR 220a and FR 220b. These forms are, hoil ZtivelY, the forms for report of an affiliate or or 7.1.-g company affiliate of a bank which is a member 4he Federal Reserve System, the publisher's copy of tilr l report, and the instructions for preparation of wai reports. Attention is directed to the terms of the of requirement for reports of affiliates set forth of °n Form FR 220b, in accordance with section 21 wailr"e Federal Reserve Act. It will be noted that the pol4er of reports does not apply to the published re-‘.8 of 'Itlqlng company affiliates' as distinguished BoST2-943, 9/4/43 —7— "from 'affiliates, . These forms are used by the Board in obtaining reports of affiliates and holding company of State banks which are members of the Fedaf fetses erale System, pursuant to section 9 of the Federal Reserve Act. Substantially the sane forms, and a Ilaiver of reports containing the same terms,are used by tIle Comptroller of the Currency in obtaining reports of 4filiates and holding company affiliates of national Danks, pursuant to the provisions of section 5211 of the Revised Statutes and section 21 of the Federal Reserve Act, t ! °f1118 P-1 throu h P-6. Form P-1 is the form for appli' e ion of a holding company affiliate for a voting perUnder authority of section 5144, Revised Statutes, ; -r 1.,ld Forms P-2 through P-6 are the printed form for ex,41)its accompanying such application. Paragraph numuclered 1 of the application for voting permit (Form P-1) 8":).!!'ainscLliutes,, as required by section 51/14 of the Revised provision for examination of the holding comPan h,1 affiliate by examiners duly authorized to examine ZIKs with which it is affiliated. As you probably report of examination of a holding company ,_'lliate is not a form filled out by the holding com.1.;JnY but i a report prepared by the examiner, showing Zrrmation obtained from the records and books of the fr ding companj affiliate and affiliated organizations, °facers and employees of the holding company afaeaate, and from other sources. Liesp, ati°11 P or the Board of Governors of the Federal eS L2T. This is the Board's regulation on IIZTPUI ilho_lng company affiliates and voting permits, based tijc) and issued pursuant to various provisions of see14 of the Revised Statutes and of the Federal e Act Annu., pace;'L orts of the Board for 1935 and 121(2. At - 98 of the 1935 report, there is discussed to bf-Lginal form of agreement required by the Board it: ecuted by holding company affiliates as a con1110Z1:1 to the granting of general voting permits. A 81 ( 1 ,ed form of such agreement is discussed at pages of the 1936 report. Both the original and the IrL_u.-rled form of this agreement contain a general prosuhat 4-II-la :ate 1, the management of the holding company afall be conducted under sound policies govatateg its financial and other operations, including Illents issued relating thereto. tn-rme The letter requested advice also as to which of the "liajr reports filed with the Board by holding company af-s are published, or made available to the public, and °T 11.-l i286 9/4/43 -8Inch are filed confidentially, and, with regard to the " ,;. ' -4.ery information as to the rule, regulation or section the statute which provides for confidential treatment. °I'M 220a, the report of an affiliate or holding company of a State member bank, and the similar form used atthe Comptroller of the Currency for reports of an affilre e or holding company affiliate of a national bank, are „ Ports which are required by section 9 of the Federal Re' t-?rlIe Act and section 5211 of the Revised Statutes, respec41 ;ve1Y, to be published by the banks under the same condiloris as govern their own published condition reports. "The annual reports of holding company affiliates to the ab-8°ard on Form FR 437 are not published or made avail4-e to the public by the Board. These reports are requested by the -, Board for the purpose of obtaining information for the ! foe l ' and the Federal Reserve banks which is deemed necessary use bY the Federal Reserve System in the discharge of its , res coZ34sibilities for regulation and supervision of holding 4v, affiliates of banks. 'The reports of examination of holding company affil0 are not published or made available to the public othe Board. As you are no doubt aware, reports of examinagenrel raade by examiners for bank supervisory authorities are naturallY regarded as confidential, largely because of the kohre and source of much of the information they contain. are treports of examination are governmental documents and amin Ile property of the government agency for which the exutor i°11 is conducted. Although there is no specific stat— Provision declaring that reports of examination must be of atreated as confidential, they are so regarded on the basis whigninistrative interpretation of varir,us provisions of law affairinTlY confidential treatment in the ordinary course of Viqn 8* In this regard, you may be interested in the protha:t -jr1 of section 9 of the Federal Reserve Act to the effect coPies of reports of examination of State member banks allth,i. ? the discretion of the Board, be furnished to the State direties having supervision of such banks, to officers, er„ ors or receivers of such banks, and to any other _proper eer;' ens; also, the provision of section 21 of the Federal Reivi, Act emDowering the Comptroller of the Currency, after nOtiee to the bank or affiliate, to publish the report coiw athination of a national bank or affiliate which fails to witrY 1:3 to his satisfaction and within a specified period, rlationis recommendations or suggestions based on such examin, and the provisions of section 22(h) of the Federal 'rve Ac+ Of b .limiting the disclosure by examiners of the names orr illeuredozcsj:r the collateral for loans of a member bank or j 9/4/43 —9— Approved unanimously, together with the following letter to Mr. McRae, Chief Examiner at the Federal Reserve Bank of Boston: "For your information, there are enclosed copies of exchange of correspondence between the Securities and of,nge Commission and the Board regarding the application °hawmut Association, Boston, Massachusetts, to withdraw its wistock from listing on the Boston Stock Exchange, together „e c0PY of a file memorandum regarding a telephone conver : of fl-on between a member of the Board's staff and a member 6ne staff of the Securities and Exchange Commission. se "It is our understanding that, for the purpose of obatt ' i ving the proceedings, a representative of your bank will be the hearing on Shawmut Association's application, to misheld ?ld at the offices of the Securities and Exchange Cornin Boston on September 8, 1943." 8t. Letter to Mr. Davis, President of the Federal Reserve Bank of Louis , reading as follows: "This refers to your letter of August 24, 1943, and its cat ures, with reference to the cashing of time certifies"of deposit for customers who wish to buy war bonds. matt There has been no change in the situation in this 190er since the Board's telegram to Mr. Hitt of April 15, th4'4!'ePlYing to his wire of April 13,1943. However, at the we brought copies of the exchanged telegrams to yoution of the Treasury, and we are sending copies of ,' -Letter of August 24 and its enclosures, together with a co. D,X °f this reply, to Under Secretary Bell for his infor--,-.Lon.ft Approved unanimously. Memorandum dated September 1, 1943, from Messrs. Smead, Wyatt, '111c1 Vest, chi -e- of the Division of Bank Operations, General Counsel, and Ae4 ,erve Ge eral Attorney, respectively, stating that all of the Federal anks and Federal Reserve Agents had approved the plan for securttip eder tiotl al- ReFerve notes by pledges of participations in direct obliga°f the . United States in the System open market account which had Y been approved by the Board and transmitted to them with the 128S 9406 -10letter of July 19/ 1943, and submitting a proposed letter to the Pecieral Reserve Agents and the Presidents of all the Federal ReankS which advised them that the plan would become effective on Prida SePteMber 172 1943, enclosed the text of messages to be used 8tA -41Iting the plan, and advised of the adoption of certain code Words f or use in the operation of the plan. Also attached to the memorandula was a proposed telegram to the Federal Reserve Agents and the 1517S84, of all the Federal Reserve Banks advising them that the let- ter being dispatched. Approved unanimously. Me morandum the toci dated August 29, 1943, from Mr. Paulger, Chief of lasion of Examinations, requesting that, because no other accome.t1 °113 were procurable at the time and in view of the time limit) .he Boar t4pe or aPProve the payment of additional expenditures by him during brUct JUlY 19 to August 9, 1943, covering the difference in price cIrciom and of a compartment on an extra fare train from Chicago %it) krzt Partitie Ow) California, and from Los Angeles to Chicago, and of a com- 4t fr°m Chicago to Washington. The memorandum was submitted to the to 41 ' CI with a recommendation by Mr. Bethea that the voucher as subtted MX'. Paulger be approved for payment. Approved unanimously. Uemorandum dated September 1, 1943: from Mr. Paulger, Chief of the °I1 of Examinations, recommending that, because no other accom„ 1 8 vere procurable at the time and it was necessary for them to be °4 ?1 ' ancisc0 at the earliest possible date, the Board approve the 1289 9/4/43 —11— Par4 " t of an additional expenditure of $16.25 during the period July 17 to 211 1943' 1 by Messrs. Cagle and Andrew N. Thompson, Assistant Chief of the Division of Examinations and Federal Reserve Examiner, e Pectivel J covering the difference in price of the accommodations to which they would be entitled under the Board's travel regulations or 4 compartment from Washington to Chicago and a drawing room from Chi °ago to San Francisco. Approved unanimously. Thereupon the meeting adjourned. Assistant Secretary.