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Playeber, ut Working and Quality Constitue, 4 For: present Conditions heavy Option, spaced 1V:4/36 77 11 Botter and Dystom deplare any is accounting, Shink Insurance of parting - Date antion : Uphao called to phone - Valid Michael Time National Superve Board, 24 - 962 video assisted any statement 10 Regraded Unclassifier Book Page American Bankers' Association See Banking Legislation - B - Banking Legislation Discussion of - 6/13/35 VI 61 a) HMJr refers to fact that, unless there 1s additional legislation before 7/1, so-called permanent plan of deposit insurance (part of Banking Act of 1933) will go into effect Second meeting - evening of 6/13/35 63 a) Crowley says he is worried about possibility of losing 4000 banks and the effect on the fund and the banking structure of the country b) O'Connor thinks Federal Deposit Insurance Corporation is in jam - no chance of Banking Bill of 1935 being enacted by 6/30 c) HMJr thinks if new bill is not passed and permanent plan of deposit insurance must go into effect 7/1, there should be a joint statement from Federal Reserve, Federal Deposit Insurance Corporation, Comptroller, and perhaps Reconstruction Finance Corporation - stockholder in many of the banks d) HMJr quotes Tom K. Smith: "If Eccles will agree to Open Market Committee of 6 members of Federal Reserve Board and 5 Governors, 1935 Banking Bill can be passed easily" e) HMJr thinks FDR, Eccles, and he should see Senator Glass concerning; if Ecoles annoys Glass, then Eccles "could stay at home" f) Tom K. Smith joins group; says he thinks if an agreement can be reached concerning 6-5 Open Market Committee and a 25% top on deposit reserves, they can get Banking Bill passed g) HMJr thinks it his duty, as fiscal officer, to see that at least two weeks' notice be sent to all bankers con- cerning possibility of insurance on 7/1 h) HMJr phones FDR who agrees to 6-4 Open Market Committee but not 8. 6-5 Committee; Tom K. Smith objects; Eccles says he has in writing that FDR will accept 8-5 Committee 1) Tom K. Smith tells HMJr American Bankers' Association sticks for 6-5 membership of Open Market Committee 6/14/35 76 Appointment with Senator Duncen V. Fletcher, chairman of Banking and Currency Committee, arranged by FDR; present: HMJr, Coolidge, West, Upham; Senator Byrnes present 6/14/35 77 1. Fletcher and Byrnes deplore delay in Glass' subcommittee, think issuance of publicity statement might force action 2. Upham called to phone and told by Elliott Thurston Federal Reserve Board, in session, had voted unanimously against any statement to public Regraded Unclassifie - B - (Continued) Book Page Banking (Continued) HMJr tells Eccles statement will be issued if it has to be done by Secretary of Treasury VI 80 O'Connor (telephone conversation: Book VI, page 85+) leaves Federal Reserve Board meeting to talk to HMJr; also thinks statement inadvisable - may be upsetting to banks and bank depositors Crowley says Federal Reserve Board, Federal Deposit Insurance Corporation, and Comptroller will have another joint meeting HMJr tells O'Connor when Senator Byrnes suggested HMJr's staying on Federal Reserve Board and Comptroller going off, HMJr stated both stayed or both went off 82 Copy of proposed statement 83 Board of Tax Appeals Kitchin, Mills (son of Claude Kitchin, former chairman, Ways and Means Committee) recommended by Congressman Doughton (see Book IV, pages 44 C-E); HMJr annoyed when he finds Oliphant has done nothing about recommendation 6/12/35 59 Bruce, Edward $500,000 allotted for his art project; Bruce 80 informed in the hospital 6/3/35 2 Budget, Director of HMJr, Bell, and McReynolds want Tom K. Smith as Director; plan for permanent Fiscal Assistent Secretary in charge of accounting and fiscal matters discussed; HMJr would keep Bell as Special Assistant until 12/31/35 as slight compensation, 6/11/35 51 Tom K. Smith tells HMJr he cannot come as Director; HMJr thinks bankers have worked on him 6/14/35 81 - C - Cochran, Merle (Second Secretary - American Embassy, Paris) Recommendation for promotion by HMJr 6/3/35 1 Cohen, Bernard (Dr.) See Narcotics 87 Commercial Molasses Corporation (successor to Molasses Products Corporation) See Molasses 36 - D - - Doughton, Robert L. (Congressman, North Carolina) See Board of Tax Appeals 6/12/35 59 See Federal Alcohol Control bill 6/12/35 59 Regraded Unclassified - E - Book Page Emergency Relief See Unemployment Relief - F - - Federal Alcohol Control Bill Congressman Doughton asks HMJr concerning; HMJr says bill Charles West has is satisfactory to Treasury; points out Treasury does not want to get into social aspects of bill - Choate "is doing a good job on that" 6/12/35 VI 59 HMJr tolls Choate, "We do not want control in the Treasury"; tells Choate about conversation with Doughton 6/13/35 75 Federal Reserve Board See also Banking Legislation See also Open Market Committee HMJr talks to James Moffett about Secretary of Treasury and Comptroller of Currency going off Board, so far as voting is concerned 6/14/35 80 C-G HMJr talks also to O'Connor; says Secretary and Comptroller will stay or go together 6/14/35 80 H-I Financing, Government Open Market Committee meeting 6/7/35 40 a) Coolidge announces conclusion to offer 5-year 12% note to be exchanged for notes maturing 6/15 and 8/1; interest on 8/1 notes will be paid only to 6/15 6/10/35 - Offering of 5-year 12% Treasury notes of Series B - - 1940 in exchange for Treasury notes of Series A - - 1935 maturing 6/15/35 and Series B - - 1935 maturing 7/1/35 49 A a) Subscription books close 6/13/35 57 A b) Subscriptions amount to $738,373,400; allotments 6/18/35 VII 4.4 Tentative plan discussed by HMJr and Coolidge. 6/11/35 VI 58 Last week in June borrow enough for July needs Last week in July borrow enough for August needs Middle of September new large bond issue to take Government through 12/15 Coolidge wants an offer for conversion of the #1 billion, 200 million, due 10/15 - last 41's Earl Bailie thinks Treasury is in market too often; old policy of four times yearly best 6/12/35 After talk with Kiplinger, HMJr tells Bell following plan: on 6/24 to get money for 7/1 and get enough to last until 7/15 ($500 million) 60 $4 Billion 8 Fund See Unemployment Relief Regraded Unclassified - G - - Book Page Garten, Oscar (Druggist) See Narcotics VI 87 Gold See Stabilization Government Purchasing See National Recovery Administration 9,22 - K - - Kaplan Interests See Molasses 36 Kitchin, Mills See Board of Tax Appeals 6/12/35 59 - L - Long, Huey New York Herald Tribune carries story about huge deposits in a St. Louis bank; Ted Wallen sees HMJr about implication he thought HMJr made that no story about Treasury should be used unless confirmed from & Treasury source 6/3/35 10 - M - Molasses Summary of "important happenings" prepared by Graves 6/6/35 36 Molasses Products Company (succeeded by Commercial Molasses Corporation) See Molasses 36 - N - - Narcotics Oliphant draws up draft of instructions for physicians in dealing with patients to prevent recurrence of case in names of Dr. Bernard Cohen and Druggist Oscar Garten 6/14/35 864 National Recovery Administration Decision "Provisions can still be enforced by Government in its own contracts" - Oliphant. Peoples, Oliphant, Bell, McReynolds, and Charlie West appointed by HMJr to work out details 6/3/35 9 Release giving two steps that have been discussed and agreed to by members of the Administration and leaders of Congress 6/4/35 22 a) Extended to 4/1/36 b) Government will still observe National Recovery Administration rules in its contracts Regraded Unclassified - N - - (Continued) Book Page National Recovery Administration Decision (Continued) Sayles returned to active duty: Cummings himself to handle legislation relative to Government purchasing. FDR says observance of National Recovery Admini- stration rules is to be extended to Lending Agencies Peoples, Oliphant, Reed, Cummings to work out details together VI 23+ Peoples issues circular notice 27 North American Import Company See Molasses 36 - o - Open Market Committee See also Banking Legislation See also Financing, Government Meeting 6/7/35 40 a) D. W. Bell's resume': On 7/1, $600 million of Consols to be paid off: $225 million of lawful money will come in, net drop in cash of $450-500 million; $250 million new money needed b) Bidding method two or three times recommended by Eccles, Harrison says not much dealer profit in bidding method; Harrison thinks Treasury has done magnificent job during last 3 years and success and smoothness shouldn't be upset by bidding procedure now. HMJr agrees with Burgess: if conditions sour, resort should be had to use of notes rather than bonds; Eccles and Young think main trouble with bidding method is resistance of banks to any change. Reference made to decline in Mellon's 3's shortly after their issuance; Burgess said "only case where Treasury had gone against advice of New York" - S - Sayles, Captain See National Recovery Administration 23 Silver McCarran letter to HMJr concerning purchasing program 6/7/35 52 Pittman comes to HMJr's office to discuss answer; makes suggestions; HMJr decides to state facts but definitely not to be apologetic 50 HMJr's answer 6/11/35 54 Pittman sees United States moving to lend silver and gold 6/15/35 97 Smith, Tom K. Talks to HMJr about accepting job as Director of Budget 6/12/35 58 A a) Tells HMJr he cannot come - 6/14/35 81 Regraded Unclassified - S - (Continued) Book Page Speeches by HMJr At Deerfield Academy 6/5/35 a) Draft 1 VI 29 A-G b) Draft 2 29 H-R e) Reading copy 29 S-FF d) Mimeographed copy 29 GG+ Before Tax Revision Council, Washington, D. C. 6/7/35 30 Stabilization French Negotiations (See also Book V) Cochran telegram 3/3/35 3 Tendency on part of speculators to buy back france: Swiss situation calmer; enheartened by defeat of referendum by 140,000 votes; 100,000 most that had been expected Great Britain matching French and American situations closely: doubt if stabilization were worked out whether terms would be maintained by the continental countries - particularly Germany; concerned about effect of veto of National Recovery Administration on world prices Lebrun, Herriot, Cailloux, "Le Temps" and L'Intransigeant" quoted Cariguel expresses gratitude of himself and Governor Tannery at United States assistance 6/3/35 11 Resume': 12 Commercial banks refrained from gold shipments to United States 1/15/35 - 2/18/35 pending United States decision. Treasury purchased $89 million in gold in Paris and London to maintain dollar stability; $11 million subsequently sold in Paris market; $70 million shipped to United States and $8 million returned in London; during recent flurry this $8 million was disposed of in London at slightly over $35 per ounce; $200,000 profit accrued to Stabilization Fund Stabilization Fund acquired pound sterling equalling $28 million in order to hold sterling dollar rate steady. At one time this showed book loss of $500,000 - eventually showed profit of $25,000 13 Treasury renews offer of 5/31 to Bank of France: to buy up to $116,000,000 gold (reserve offer) 6/4/35 15 Federal Reserve Bank (New York) requests Bank of France to ship no more than $15,000,000 of United States gold "this week" 6/4/35 16 French Government falls 264-262; HMJr telks to Cochren 6/4/35 17,18,19 a) Caillaux talked too much - people lost confidence in him b) Laval or Herriot may be Premier c) Both want to keep franc steady Pittman and McNary told what Treasury did for the franc 6/4/35 20 After Government falls, Bank of France asks Federal Reserve Bank of New York to renew order for purchase of gold in Paris; only $33,000,000 of the $150,000,000 originally authorized used and HMJr authorizes renewal for unused balance 6/4/35 21 Regraded Unclassifie - S - (Continued) Book Page Stabilization (Continued) French Negotiations (Continued) Cariguel, through Guaranty Trust Company, will ship $33,000,000 on Bremen and later will ship balance of first $35,000,000 on the American Merchant 6/6/35 VI 33 Governor Norman's cable read to HMJr by Allen Sproul of Federal Reserve Bank, New York: "At suggestion of Governors of several continental Central Banks, Bank of England has invited co- operation of all sections of market in restricting facilities for speculation in foreign exchange and for gold" 6/7/35 39 Pittman sees United States moving to lend gold and silver 6/15/35 97 - T - Tax Program FDR discusses plan with HMJr after supper to celebrate Bobby Fitzmaurice's birthday 6/13/35 81 a) Ray Moley has rewritten message; essential features are: inheritance tax graduate tax inter-corporate tax tax on top incomes; other items can go in omnibus section: 10% surtax less dividend unnecessary surpluses depletion tax-exempt securities Pat Harrison asks to see HMJr concerning; HMJr tells him it's FDR he ought to see 6/14/35 81 Cartoon showing British income and inheritance taxes saying "I balanced the British budget; want yours balanced?" 98 - U - - Unemployment Relief HMJr calls Hopkins' office to ascertain number of people put back to work - no information on hand 6/12/35 59 Haas presents on 6/14/35 data obtained by Collectors of Internal Revenue concerning changes in rate of pay, hours of work, and volume of employment since 5/25/35 90 - W - Wallen, Theodore (Chief, Washington Bureau - New York Herald Tribune) See Long, Huey 10 Regraded Unclassified 1 June 3d H.M.Jr. called Secretary Hull and said that he would like to recommend a promotion for Mr. Cochran, who is the Second Secretary at the Embassy in Paris, as he had done 8 grand job. H.M.Jr. read the following cable, No. 247 from the American Embassy in London: "A few days ago Leith-Ross made occasion to tell me there was no ground in fact for the belief on the part of the Treasury of the United States that the activi- ties of the United States equalization fund were being made known to either the Bank of England or the British Treasury. Leith-Ross added that it had been hoped that Bewley, who was attached to the British Embassy, Washing- ton, might have been able to furnish such information to London, but that to date no such contact with the U. S. Treasury had been established by Bewley. "Leith#Ross made it plain that he was making the above statement deliberately. In view of this fact, the Embassy asked him whether, in transmitting his obser- vations, Leith-Ross desired to suggest a reciprocal ex- change of information with Washington through this Embassy as to any or all of the British equalization fund activi- ties. The answer to this by Leith-Ross was that this was a matter which had to be taken under official advisement. He said he would inform me later if I would agree to post- pone action. I am submitting this preliminary statement to you for your information since up to the present I have had no further communication from Leith-Ross. I will report again when I hear from him." (Signed) Bingham H.M.Jr. asked Mr. Hull to tell Bingham not to pursue them any further; that if Leith-Ross wants to take this up again O.K. but to tell Bingham not to pursue them. He also told Mr. Hull that he wants to ask the President to send for Bewley, owing to the fact that Leith- Ross is not telling the truth, because all the funds used in the British market are with the Bank of England and we can't make a move without their knowing it. Regraded Unclassified 2 H.M.Jr. called the President and told him that everything was quiet; that the Franes are 6.60-11/10 and the pound is 4.91-3/8. Future Francs are recovering and some of the fellows who sold the Franc short are going to get a spank- ing. Switzerland is going to stay on gold. H.M.Jr. believes this whole thing will straighten itself out until next October. H.M.Jr. called Cochran at 12 noon to-day. Cochran practically gave Mr. Morgenthau the information contained in the attached cable, which came the day after their conversation. H.M.Jr. told Cochran that he spoke to Secretary Hull this morning and recommended him for a promotion and that Hull said he could do it after July lst. He also told him that if the Governor gets this vote of confidence tomorrow that H.M.Jr. would appreciate it if Cochran would have a personal talk with Cariguel and tell him that he thinks it would be a nice thing if the Bank of France would give out a statement explaining what the United States did last night at 10:30 to help them. They could say what a valued friend the United States government is. Tell him that it was not the Federal Reserve of New York who gave them this credit - that it was the Treasury. I spoke to the President to-day about Ed Bruce and he told me that we can send word to him to the hospital that he will definitely get his $500,000 for his art work. H.M.Jr. called Mrs. Bruce and she said that this information would help bring him back to good health. Regraded Unclassified 3 PARAPHRASE OF TELEGRAM RECEIVED FROM: American Embassy, Paris, France DATE: June 3, 1935, 3 p.m. NO.: 461 FROM COCHRAN At 12 noon Cariguel telephoned to me from the Bank of (foremoon?) France to tell me that by 10:30 this afternoon the Bank of England had sold to the market 150,000,000 francs. The Bank of England had canceled the gold earmarking order for today of 170,000,000 francs which it had with the Bank of France. Calm exchange market, but busy, with this tendency to buy back francs, presumably on the part of speculators who last week had sought sterling and dollars. The techni- cians had now done their part with respect to protection of the franc, Cariguel said, and it was now up to the politi- cians to do what they could to protect it. It is Cariguel's opinion that extended powers will be granted the government, but demonstration of their use is anxiously awaited. This afternoon I talked by telephone with the B.I.S. economic adviser. The Swiss had been surprised he said be- cause the crisis referendum had been defeated by 140,000 votes when a majority of not more than 100,000 was anticipated. Swiss officials and banking circles were enheartened by this, and the Swiss franc rate underwent instant strengthening. My contact explained, however, that since the Swiss Government had not wanted any bank failures prior to the referendum con- siderable aid had been given to some of the weaker banks for several weeks prior to the vote. There may be an easing of the Swiss banking situation if return of funds to Switzerland Regraded Unclassified - 2 - 4 results from the more confident atmosphere now prevailing. If this does not happen, it may be necessary to declare a moratorium for one or more banks. The tourist trade of the present summer season should now help both Switzerland and France. My contact thinks that with this help, and with the French Government likely to procure special powers, and with the defeat of the Swiss referendum, for about three months the gold bloc may conceivably have a period of com- parative calm. The BIS economist was in London last week, where he found the French and American situations being closely watched by British officials, and with much interest on their part. In London the general opinion seemed to prevail that even if international agreement on stabilization might now be worked out, it was extremely doubtful whether the terms of such agreement could be maintained by the continental countries, particularly Germany and the gold bloc. The question now arises in the minds of British observers whether the wreeking of the NRA may lead to a lowering in costs in American com- petition on the world markets. These observers consider that the NRA was a factor in American economic planning which was chiefly responsible for the rise in prices. A policy of wait- ing, my contact said, is likely to be followed by the British until they are more certain about the outcome of recent de- velopments in the United States, and until the European mone- tary situation is more settled. British people still insist that definite arrangements cannot yet be made because in these days there are too many surprises. END SECTIONS ONE AND TWO. STRAUS. Regraded Unclassified REP 5 GRAY PARIS Dated June 3, 1935 Rec'd 1:17 p.m. Secretary of State, Washington. 461, June 3, 3 p.m. (SECTIONS THREE AND FOUR) According to the press Cailloux, new Minister of Finance, has stated "I do not propose to hold the position of Minister of Finance any longer than it is necessary for me to take into account the exact situation and to take the first measures recognized as indispensable for the reestablishment of the finances. After this I shall resume the post of Minister of State which Premier Bouisson was good enough to offer me. But I wish to emphasize immediately that I am absolutely determined to defend the franc from all attacks from any quarter and to prevent its devalorization. I can assure you that the speculators all of them will realize that their path will be difficult; they realize this already, it is evident." LE TEMPS quotes as previously from the address made at Rheims on June 2 by President Lebrun "The day when the nations finally weary of the common misery which surrounds all decide to return, in the financial, political Regraded Unclassifie 6 and economic and monetary domains to the sound practices which I believe assured their happiness prior to the great torment, no doubt the world will once more ex- perience a period of prosperity. France has shown that she has worked towards this end with all her strength. She joins with the nations attached to peace in efforts to set up a system of collective security capable of dissipating the troubles and the anxieties which poison the distressed and hinder any resumption of confidence. She vigorously defends the principle of monetary stability without which commercial transactions can not resume their former activity. France is ready to enter into conversations to revive commercial exchange which a tragic destiny reduces more and more each day. Let us hope that in the near future these meritorious efforts may be crowned with full success." Talking yesterday at Lyon Herriot is said to have declared "A policy of devaluation would not be long in bringing rise of prices and upset of our export trade. I ask all thoughtful men to aid measures in the task I am undertaking to defend the franc against devaluation which could only bring about a temporary period of false prosperity." Regraded Unclassifie 7 Jenny in LE TEMPS says it is not enough to fight the speculators; budgetary problems must be solved and constant borrowing avoided. Mitzakis in L' INTRANSIGEANT after citing the manner in which the Netherlands, France and Switzerland have in turn repelled devaluation says that it is now for the gold bloc to hold steady awaiting the time for construc- tive negotiations with the United States and Great Britain. Tomorrow morning new Ministry will discuss govern- ment's declaration of policy which will be read before Chamber and Senate in the afternoon. It is expected to be short and to (END SECTIONS THREE AND FOUR) STRAUS WSB Regraded Unclassified 8 PARTIAL PARAPHRASE OF SECTION FIVE. No. 461 of June 3, 1935, from the American Embassy Paris. Champion defense of the franc, reestablishment of budgetary equilibrium, and regeneration of the national economy. Tremendous business continues to be done by British control this afternoon in selling francs as cover is sought by short sellers. The estimate of one operator is that over 53,000,000 business was done by the control today. There is a steady belga; for the week ended May 29 a gain of 887,000,000 francs gold is reported by the National Bank of Belgium. As a result of the Swiss crisis referendum, the Swiss franc is stronger; loss in gold and gold exchange reported by Swiss National Bank for May 31st statement is only ten million franos. The current rumors of internal problems in the Netherlands have caused a weakening of the florin. Today a gain of from 2.50 to 4.30 is noted for French rentes. Heavy decline in international stocks. About 10 percent loss for Suez Canal. Gold eagles have fallen from 27.75 to 25.95, and gold sovereigns have fallen from 133 to 128. Invoice was certified today for shipment on the CHAMPLAIN of 198,000,000 france gold bars by the Bank of France to federal. STRAUS EA:LEW Regraded Unclassifie 9 June 3d Mr. Morgenthau discussed the following memorandum, which Mr. Oliphant gave him to-day with the President. "Apart from all other plans to deal with the situation created by the Schechter decision, there is no possible constitutional objection to legislation requiring the Treasury and all other governmental agencies to stipulate as a condition to eligibility to bid on contracts for work or supplies of any form for the Government or any of its agencies that the bidder shall agree to comply with those provisions of the Industrial Recovery Act and requirements developed thereunder which we want to continue. We can likewise require that the Government will not deal with these contractors unless they agree also to do business only with those firms who similarly agree to comply with the aforesaid provisions and requirements. By this method a very large sector of American industry will be covered. This proposed legislation should cover not only all ordinary expenditures of the Government, but emergency expenditures, particularly those under the Relief Appropri- ation Act. The foregoing is not merely an effective way to enforce proper standards, but will also put the Government in the forefront of the movement for voluntary compliance." Admiral Peoples, Oliphant, Bell, McReynolds and Charlie West were appointed by Mr. Morgenthau to work out this plan for him. Regraded Unclassifie 10 JUNE 3RD Ted Wallen, Chief of the Washington Bureau of the New York Herald Tribune called on Mr. Morgenthau today as B. result of an appointment made at his request through Mr. Gaston. On Friday, May 24th, a signed story by Wallen had appeared in the New York Herald Tribune which was head- ed: "Long and Aid Banked Lump $500,000 Sum, Agents Report. Treasury Investigators, Pushing 'Spare Nobody' Income Hunts, Allege Deposit was in St. Louis." The first paragraph of the story read: "Washington, May 23. -- Months of digging into Senator Huey P. Long's income sources have produced an official report purporting to show that Long and 8 friend, on one occasion, put $500,000 in a St. Louis bank in a single deposit. The investigation is being pushed under Treasury instructions to 'make no exceptions." Mr. Wallen thought that he had been unfairly treated in the Secretary's references to this story in the Press Conference of Monday, May 27th. The Secretary was asked at that conference whether the story was true. The Secretary had said that after reading the story through three times he had failed to find anything in it to justify the headlines and Mr. Gaston said at the conference that the Treasury had no such report. The Secretary also said that he had no 1dea where Wallen got the story and turning to Mr. Gaston asked: "He called you up didn't he?" Mr. Gaston's reply was: "He called me up and I told him that I had never heard of it. He certain- ly would not write it unless he had it from some source." Mr. Wallen's grievance was based on the belief that the implication of the Secretary's remarks was that & correspondent had no ethical right to write a story about the Treasury if he could not get it confirmed from a Treasury source. In the talk with Mr. Wallen the Secretary said emphati- cally that he had not expressed any such idea, nor given grounds for any such implication. As to the point that Mr. Wallen was accused, before fellow newspaper men and in his absence, of un- ethical practices, the Secretary said he had no such intention, that he had not himself raised the question but merely answered B. direct question by one of the reporters present and that what he said on the subject was all off the record. Mr. Wallen seemed entirely satisfied with the conference and parted from the Secretary in entire good humor. Regraded Unclassifie 11 FEDERAL RESERVE BANK OF NEW YORK OFFICE CORRESPONDENCE Date June 3, 1935. To CONFIDENTIAL FILES Subject Telephone Conversation with From L.W. Knoke Mr. Cariguel of the Bank of France. Cariguel called at 1:15 P. m. He stated that they had 8. busy time today principally in connection with the operations of the British Control which had sold francs in excess of 220,000,000. I asked Cariguel whether he expected a renewal of the unused balance of $116,000,000 but he said it would not be necessary. I inquired guardedly what he thought the next step would be and he said that the only thing they had in mind was to fulfil the contract they had made with us and ship the gold as quickly as they could. I suggested that if later on he had any suggestions to make in connection with these gold operations, he let me know and he promised that he would talk to me very frankly. In conclusion he requested that I tell Governor Harrison on behalf of Governor Tannery as well as on Cariguel's behalf how grateful they were for the cooperation they had received from us. LWK: KMC Regraded Unclassified 12 June 3, 1935 MEMORANDUM Between January 15, 1935 and February 18, 1935, commercial banks refrained from engaging in gold shipments to the United States pending the decision of the Supreme Court on the gold case. In order to maintain the stability of the dollar the United States Treasury purchased in the Paris and London markets in this period 89 million dollars in gold. Subsequently, 11 million dollars of this amount was resold in the Paris market. 70 million dollars was shipped to the United States and 8 million dollars was retained in London. During the recent flurry in the London gold market this 8 million dollars was dis- posed of in London at slightly over $35 per ounce. These sales resulted in a profit of $200,000 accruing to the Stabilization Fund representing the saving of the expenses which have been set up to cover the cost of transporting this gold to the United States. Regraded Unclassified 13 June 4, 1935 MEMORANDUM In the period from January 26, 1935 to February 18, 1935, during the uncertainty which prevailed while the decision of the Supreme Court on the gold case was awaited, pound sterling to the equivalent of about $28,000,000 was acquired by the Stabilization Fund in order to hold the sterling dollar rate steady. At one time this balance showed a book loss of about $500,000, but as sterling re- covered the balance was disposed of with the net result that this operation shows a profit of about $25,000. Regraded Unclassified FEDERAL RESERVE BANK 14 OF NEW YORK OFFICE CORRESPONDENCE Date June 4, 1935. To CONFIDENTIAL FILES Subject Telephone Conversation with From L. W. Knoke Mr. Cariguel of the Bank of France. Cariguel called at 4:45 p. m. He said that fortunately before leaving the office tonight he had given the Guaranty Trust Company an order for the New York market. I told him that I had just learned from the Guaranty that under this order they had so far bought about 20,000,000 francs, mostly on orders from Europe. Cariguel then stated that he had advised Mr. Cochran of the Embassy that the Bank of France would very much like to have an order as before. I replied that we were in touch with Washington and would send him a cable tonight giving an order if the Secretary renewed it. If not, I promised I would call him on the telephone. In case he did not hear from me by telephone, then he would know that a cable was on the way. Cariguel thought that was all right. I inquired how things were shaping now but he stated it was difficult for him to say since he had not seen anybody yet. LWK: KMC Regraded Unclassified FEDERAL RESERVE BANK OF NEW YORK 15 OFFICE CORRESPONDENCE Date June 4, 1935. To CONFIDENTIAL FILES Subject Telephone Conversation with From L. W. Knoke Mr. Cariguel of the Bank of France I called Mr. Cariguel at 6:15 p. m. I told him we were sending him a cable tonight advising that the Secretary had re- newed the offer contained in our cable No. 83 of May 31 (that is to buy up to $116,000,000 gold). I explained that although no mention of it was made in our cable the understanding was that, as heretofore, this offer was to be considered as a reserve offer to be used only in case the operations of the commercial banks were not sufficient to meet the demand for dollars. I then referred to our telephone conversation this morning in which I had requested him to ship no more than $15,000,000 gold this week. I repeated that, as he knew, the reason for this request had been the desire of our friends if possible to sell some of the gold in Paris rather than have it all come over here. Inasmuch, however, as developments this afternoon had brought about such a complete change that it now looked as though we might instead of selling gold in Paris, buy some more, I was wondering whether he could re- new his booking of space on the Manhattan and ship the total of about $17,000,000 as originally planned by him. Cariguel assured me that he thoroughly understood my suggestion and he would be per- fectly glad in the morning to do his best provided of course he could get the necessary insurance which might be difficult. LWK: KMC Regraded Unclassifie FEDERAL RESERVE BANK 16 OF NEW YORK OFFICE CORRESPONDENCE Date June 4, 1935. To CONFIDENTIAL FILES Subject Telephone Conversation with From L. W. Knoke Mr. Cariguel of the Bank of France. I called Mr. Cariguel at 10:30 this morning and inquired whether there was anything new in their market. Cariguel replied "Nothing at all," that things were much quieter today but that the British Control had continued to buy sterling. He had not received the final figures yet but thought that the total of the operations was small even though sterling had turned a little stronger. I told Cariguel that the purpose of my call was to request him to ship no more than $15,000,000 of our gold this week and after this amount had been arranged not to do anything further un- til he heard from us again. I explained to him that our friends were now considering whether some of the gold in Paris could not be sold back in that market because they felt it would be more helpful not to have too much of the metal come over here. I added that I would discuss this matter with him further in a day or 80 and repeated my request of yesterday, that he let me have any sug- gestions that might occur to him in this connection. Cariguel re- plied he would. LWK:KMC Regraded 17 June 4th Conversation between Mr. Cochran and H.M.Jr. at 3:15 to-day after Mr. Morgenthau got word over the ticker that the French Government was defeated on its demands for full financial powers in the Chamber of Deputies to-day and that the Cabinet had resigned. H.M.Jr: What is the matter over there? Cochran: The government fell at 8 o'clock today. H.M.Jr: What is going to happen now? C: I was at the bank at 6 o'clock and at that time there was a rumor that the government didn't have a very good outlook. H.M.Jr: What are we going to do? Go through the same performance again? Keep in touch with us and we will watch it very closely over here. I thought everything was fixed up. It looked that way yesterday. C: Finance Minister Joseph Caillaux talked too much and talked very foolishly and they lost confidence in him. Now it looks as though Laval or Herriot will be Premier. H.M.Jr: How do they stand on the Franc and on devaluation? C: Both are for keeping it steady. Herriot had indicated that he would be willing to devalue only by international agreement. C: In regard to our conversation of yesterday do you think it would be wise for the Bank of France to give out that publicity? H.M.Jr: There is no use doing it until the French Cabinet is in existence for at least ten days. Don't figure on anything until you have a government. Regraded Unclassified 18 June 4th The following are statements received over the U P ticker: At 9:34 "Premier Fernand Bouisson called on the French Parliament to-day for semi-dictatorial powers to save the Franc. In a governmental declaration read both to the Chamber of Deputies and the Senate, he outlined a compre- hensive program for a "New Deal" in which he stressed the following points: The war on speculations will be "brutal and decisive" in the drive to save the Franc and stop the drain of gold. A balanced budget will be sought in an effort to restore the country's finances and economy. An effort will be made to aid the farmers especially, but also merchants and industri- alists. (There was a hint in this section of a move to keep up price levels. Unemployment will be fought and the younger generation will be aided so it can face the future with confidence. Externally, France will work for peace and international collaboration. At 9:46 The Parliamentary group of the powerful radical socialist party decided to-day to refuse the full powers asked by Premier Fernand Bouisson. Edouard Herriot, President of the party, who favors granting full powers, resigned and then withdrew his resignation. Bouisson demanded that questions be shelved and asked for a vote of confidence on that demand. At 10:15 The Chamber of Deputies voted confidence in the Cabinet of Premier Fernand Bouisson to-day, accepting his demand that interpellations by Deputies be shelved. Regraded Unclassified 19 At 11:27 The Finance Committee approved, 19 to 18, the proposed full powers to the government to meet the monetary crisis. At 2:22 The French government was defeated on its demand for full financial powers in the Chamber of Deputies to-day. At 2:25 The Cabinet has resigned. At 2:33 and to everybody's great surprise The coalition government went down to defeat by a margin of two votes. The vote was so close that at first it was announced the government had been given full powers, but an official recount was demanded and the roll call showed the government beaten by 264 to 262. Regraded Unclassified 20 June 4th I saw Senator Key Pittman, explained to him what we had done Thursday and he seemed very much pleased. I asked him whether I should see McNary and he said, "yes by all means". Senator McNary came in at 11 o'clock. I ex- plained to him what we had done for Franc# and I seldom have seen a man so enthusiastic. He said, "what you have done is courageous and statesmanlike and I am proud to be able to call you friend". Regraded Unclassifie 21 MEMORANDUM June 4, 1935 Shortly after the fall of the French Government was announced the Bank of France called the Federal Reserve Bank of New York and stated that they would very much like to have our order for the purchase of gold in Paris renewed, as irrespective of the political situation they wished to main- tain the working of the gold standard. As up to the present the Bank of France had only used $33,000,000 out of the original authorization of $150,000,000, I authorized the Federal Reserve Bank of New York to renew this authorization to the Bank of France for the unused balance amounting to approximately $116,000,000. Regraded Unclassifie IMEDIATE RELEASE June 4, 1035. FOR THE PRESS Today's announcement follows: In order to meet un imediate problem relating to the Exocutive Brunch of the Government as a result of the Suprome Court docision, two steps have been discussed and agreed to by members of the Administration and leaders of Congross. 1, - (a) Passage by the House of Representatives of the Sonate Joint Resolution extonding the life only of the National Recovery Administration to April 1, 1936. The President has mde this recommendation to the Spoaker, Chairman Doughton of the Ways and Morns Cormittee and Chairmn O'Connor of the Rules Committee this afternoon, This recommendation in based on the desirobility of maintaining a 0010>> paratively mall staff in Washington and in the more important centers of the country, in order to bring togother and summarize the root amount of information not in the possession of NRA, relating to the actual results of Code Meinistration and to collect information in regard to the effocts on industry, both employors and employees, of the abandonment by the Government of Code enforcement or requirements. These latter refor to working con- ditions and to fair trado procticos, This informa- tion will, it La believed, be of great value to the Congress, the Administration and the country ne a whole. (b) The other ruason for continuing a skeloton organization of NRA is that such an organization will be useful in carrying out the proposed requirement that Government purchases and contracts bo placed only with corporations or contractors who live up to curtain minimum requirements, (e) If the House of Representatives approves the Joint Resolution passed by the Sonato, that portion of the Resolution which in offect relates to codos will, of course, be inoporative insofar as the old codes are concerned. (d) The extension of the National Recovery Administration would moan, without question, = very largo cut in the officors and employees now attached to 1014, but would BORD the retention of a substantial number of them. "In this coun tion", the Prosident said, "I want to record my doop reciation and that of the country for the unsulfish vo which thousands of men and vomon employed under or in conjunction with the National Recovery Address atration, have dore in the post to years. I extend to then EY sincoro thanks; and t PUCI the cir- cunstances under which the retirement of may or them from Government survice becomos obligatory." It should not be assumed by any person that this proposed continuntion of the National Recevery Administration, in skolotonized form, relates in any way to the onforcement of working conditions or fair trado practices formurly misting under the Codes, All such requirements FORD climinated by the Suprome Court docision. Regraded Unclassified - 2 - 2, The other measure which, like the first, must be con- didered no only 15 very partial stop-gap relates to Government con- tracts. Only D very smill partion -- probably not much over one per cent of the industrial production of the country-is used in Government work. Novertheless, the President feels that even though the percentage be small, the Government should take e practical end definite step to show its good foith in maintaining the Thrger objectives sought by NRA. The proposed legislation would authorize a requirement in every Government purchase that all persons engaged in the production of the supplies or in the carrying out of the coo- tract sholl be paid in accordance with minimum wage and maximum hour standards and that no person under the age of sigteen years shall be employed. The game rule could apply to the use of Government loans or gruote to States, municipulities or other local government agencies. It is belioved that this proposed bill carries out moral responsibility of the Federal Government and It 10 hoped that such action will be followed as largely B.B. possible by private industry in every one of its branches. This proposed neesure, however, like the first, does not make much progress toward obtaining the ultimate objectives of national standards for the working population of America nor for national stendards which seek to protect honorable employers against the wafair practices of less honorable competitors. 5, The Supreme Court decision here effected a number of agencies which were set up in part or in viole under the authority of Title I of the National Industriul Recovery Act. A careful review of the effects of the Supreme Court decision has been mode, (e) New legislation would be necessary for the continumnce of the Federal Alcohol Control Administration, for the Electric Home and Farm Authority, for the Petroleum Administrative Board and the Centrel Statistical Board, Legislation to weet these four ends is now under consideration. (b) Two Agencies can be continued by emendments to Executive Orders: The National Emergency Council and the National Resources Board. Both of then relute to planning for and execution of work rellef and con, therefore, be continued under the work relief act, (c) Three agencies have completed their work and will be terminated as heretofore planned 00 June 16th -- the Committee on Meonomic Security, the Advisory Council on Economic Security end the Office of the Special Advisor to the President on Foreign Trade. (d) Seven lebor boards created under N.R.A. must terminete Ln their present cepecity. They cre: The National Labor Reletions Board, The Petroleum Labor Intions Board, The Steel Labor Relations Board, The Textile Labor Re one Board, The Work Assignment Board for Cotton, The Work Assigns Board for Silk, and The Work Assign- ment Bonrd for Wool. The President has, mover, sent to the Speeker of the House of Representatives e mg Momental estimate of appropri stions for the Department of Lebor the coming floor] your in the BLLID of $600,000. This will entitle we Secretary of Labor to conduct additional modiation and conciliation activities end thus take over & amall portion of the work of the boardo which are abortshed. It 10 worth noting, however, that the authority of the Department of Lobor extenda only to mediation and concillation. The Wagner Lebor Bill, if enscted, would set up now tribunals which would substantially cover the functions beretofore exercised by the various boerds above mentioned. Regraded Unclassified June 4th The following are notes made at a meeting at 2 P.M. to-day in Secretary Morgenthau's office. Those present were: Mr. Oliphant Mr. Bell Admiral Peoples Mr. McReynolds Mr. Haas Mrs. Klotz Mr. Coolidge Mr. Morgenthau to Mr. McReynolds: The Secretary of the Navy has ordered Sayles returned to Active Duty on July 1 in one of the new positions authorized for retired officers. I wish you would get in touch with Captain Sayles and notify him. Mr. McReynolds: That is fine. I will take care of it. Mr. Morgenthau: Homer Cummings has been desig- nated by the President to carry the whole question of legislation with regard to Federal purchasing. The agree- ments to maintain wage standards, hours of duty and elimi- nation of child labor are to extend to all individuals and agencies of any kind whatever that are accepting grants or loans from any government agency. He had an entire draft of a bill prepared by Stanley Reed. The Attorney General said he had only one copy of this draft. Inasmuch as the President asked 6 people I said, "Won't you please desig- nate the Attorney General to be responsible for this legis- lation?" The President said he would. Mr. McReynolds: We have stopped making contracts. Mr. Oliphant: Practically, that means Reed. Mr. Morgenthau: No - the Attorney General said it means himself. Mr. Morgenthau: Now the big problem centered as to whether that should be extended to Loaning Agencies. Miss Perkins and I argued for that. The President said it would be extended. Mr. Coolidge: Does that mean new loans? Regraded Unclassified 24 Mr. Morgenthau: Everything. If Ickes loans $10,000 on a $25,000 schoolhouse it means that everything that goes into that schoolhouse will have to conform to the different rules and regulations the government sets down. Mr. Oliphant: That includes grants and loans? Mr. Morgenthau: Everything. Mr. Coolidge: Will those rules be flexible? Mr. Morgenthau: I can't answer Jeff. You will have to see the Attorney General. The thought is that it will go right straight down as far as it can. Perkins and I argued for it. The thing would spread from coast to coast. The thought is that they will try to make it just as effective as they can. The more Mr. Ickes argued against it the more he convinced me that it was right. Mr. Coolidge: I think that is fine. Mr. Morgenthau: From the President's standpoint the thing I argued was that we should not leave a stone unturned so no one could say the United States did not try in its own purchasing. Now if 1t works a hardship then it should be corrected. First the Army was against it. Then when he saw the picture he said, "that's right and I am for it." Mr. McReynolds: What about the contracts we have now? Mr. Morgenthau: Let me tell you what was dis- cussed. The buying responsibility is Peoples'; the draft- ing of the Legislation is resting with the Attorney General and anything Reed has in his shop you (01iphant) should get into with him. General Counsel of the Treasury advises Peoples. Anybody that has any ideas like Coolidge take them and throw them into the hopper. Coolidge is familiar with industry in New England. Mr. Morgenthau: This is the funniest thing - the Attorney General had no idea WE were working on this thing. Steve Early personally feels responsible for this. Mr. Bell: He (Early) put it on me. Mr. Morgenthau: On FACA the Attorney General had a complete draft. He hadn't seen ours. He very much wants to see ours. Mr. Oliphant: Is he carrying the ball on that? Mr. Morgenthau: No. Regraded Unclassified 25 Mr. Morgenthau: The Attorney General would like to be kept up to date. Mr. Morgenthau: The President is working on the following bills: Social Security Banking Bill Wagner Bill Guffey Coal AAA Amendments 011 Bill T.V.A. - Utilities Bill Bill to extend N.R.A. - Administrative organization Transportation - Could live another year if necessary Taxes They are pressing to keep it (NRA) going. 2000 people in Washington to watch it. We have a joint resolu- tion pending before Congress. They think they can get that through very nicely. Mr. Morgenthau: They all jumped on your (Oliphant's) suggestion when they read the word "license". Mr. Morgenthau: Any questions? Admiral Peoples: Will this new legislation be part of this bill for the extension of the NRA? Mr. Morgenthau: You mean buying thing? Admiral Peoples: No - legislation. Mr. Morgenthau: I think it is a separate bill. Mr. Oliphant: Then I will get in touch with the Attorney General and ask him to work with me on FACA. Mr. Morgenthau: All right. Mr. Oliphant: I will get in touch with him and keep Admiral Peoples advised. Mr. Oliphant: I want your decision on this question of policy. Whenever the Attorney General gets started setting this up he is going to find that he has to provide an agency that will determine whether or not this person is qualified to receive a grant or loan and then he has to have agencies to see that they are com- plying. Will you use the old frame-work of the NRA? Regraded Unclassified 26 4 Mr. Morgenthau: It is very difficult for all of us when ten people are pinned with the same thing. It gets down to where people know where they are going. I didn't know where I was going. Mr. Morgenthau to Admiral Peoples: Do you know where you are going? Admiral Peoples: I have one big problem before me now and Oliphant said he thought we should have a conference afterwards. There are literally thousands of cases all over the country where bids are submitted on the basis of codes. Where code is called illegal code cannot be written into new contracts. In other words, what should be put into those con- tracts so as to continue the business of the government until this legislation becomes effective? Mr. Morgenthau: You people and the Attorney General will have to agree on that. Mr. Morgenthau: I am tickled to death that the President gave this to the Attorney General because every time I am met on the street someone says I am charged with this responsibility. (Laughter) Mr. Morgenthau: I am serious. Mr. Morgenthau: Steve Early says he is charged with the responsibility of buying. Mr. Morgenthau to Mr. Coolidge: Jeff, is there anything you want to bring up on this? Mr. Coolidge: No. Mr. Morgenthau: I think that covers the whole thing. Admiral Peoples: Yes. Regraded Unclassified June 7, 1935. 27 CIRCULAR NOTICE To the Heads of the various Executive Departments, Independent Establishments and Agencies. An important question of policy has arisen in connection with Federal contracts for supplies and for construction work of all kinds through the necessity for the elimination of the code compliance re- quirements as a result of the decision in the case of the Schechter Poultry Corporation, et. al., vo. United States. It is understood that it 1s the intention of the President to submit to Congress at an early date legislation which would require provision to be made in every Government contract that all persons engaged in the production of the supplies, or in the carrying out of the contract, shall be paid in accordance with minimum wage and maxi- mum hour standards, and that no person under the age of sixteen years shall be employed. The same law to apply to the use of Government loans or grants made by the United States, or any agency thereof, to any state, municipal government, local subdivision, person or corp- oration. Until such time as the proposed legislation may be acted upon by Congress, the Director of Procurement recommends that in lieu of the code compliance requirements stipulated in paragraphs 1 to 4, in- clusive, of Executive Order 6646 - temporarily suspended by Adminis- trative Order G.C. No. 89, of May 30, 1935 - all invitations to bid for supplies, materials, or construction projects of any character in- clude the following clause: "Bids are requested on the basis that if subsequent legis- lation shall require observance of minimum wages and/or maximum hours of employment and/or limitation as to age of employees, in the performance of Government contracts any contract entered into shall be subject to modification to accord with such statutory requirements to the extent authorized or required by law." and contracts based thereon to be entered into accordingly. It is further suggested that awards may be made on pending proposals if the bidder will agree to the inclusion in the contract of the stipulation above-quoted in lieu of the code compliance re- quirements; and, if the bidder does not agree, new proposals should be issued which include the above stipulation. It is further recommended that each Executive Department, in- dependent establishment, or other agency shall: Defer action on all contracts, except contracts for services, supplies, or projects which are essential to the current conduct of the Government's business until Congress can declare its in- tention as to Federal contract requirements concerning hours, wages, and other conditions of performance. 0. J. PEOPLES Director of Procurement Approved Secretary of the Treasury. Regraded Unclassified FEDERAL RESERVE BANK OF NEW YORK 28 OFFICE CORRESPONDENCE Date June 5, 1935. To CONFIDENTIAL FILES Subject Telephone Conversation with From L. W. Knoke Mr. Cariguel of Bank of France. Mr. Cariguel called me at 12:10 P. m. He stated they had had a good day; Guaranty have had to sell about $5,000,000 only which he thought was very satisfactory all things con- sidered. I inquired as to the latest political news and he said Laval was reported still to be working on a cabinet and that Mr. Pietrie had been mentioned as a possible choice as Minister of Finance. I inquired whether there was any more talk of Rist taking that portfolio but he said no. I asked him whether he had been able to do anything on the Manhattan shipment and he replied he thought they had closed for a total of 175,000,000 francs. With reference to further shipments, he stated they would continue making them as readily as possible until they heard from us again. I re- plied that would be in order. LWK: KMC FEDERAL RESERVE BANK OF NEW YORK 20 OFFICE CORRESPONDENCE Date June 5, 1935. To CONFIDENTIAL FILES ject: Telephone Conversation with From L.W. Knoke Mr. Cariguel of the Bank of France Mr. Cariguel called me again at 2 p. m. to say that towards the close dollars had been a little more in demand with the result that the Guaranty Trust had to sell a total for the day of $9,000,000. In accordance with our under- standing all of this will be applied under the facilities placed at Cariguel's disposal by Guaranty Trust Company. As explanation for the stronger tendency of the dollar Cari- guel gave the fact that Laval had not succeeded in forming a cabinet; something else was being tried now but he understood from Governor Tannery that the plan was to give Laval later on another chance to try again. If our friends in Washington saw their way clear to re- new last night's offer, Cariguel said he would be most happy. LWK: KMC Regraded Unclassified Note: Mr. Crowell says he believes this is the first draft of the Deerfield speech and that the original copy was destroyed, there having been so many changes. McH June 26th Regraded 29A I am happy to have the opportunity to speak to the people of this old American community tonight and to you boys who have been living and growing here in body and mind. And I should like to add that since I have been in my present office this is the first time I have spoken except over the radio, so that fact at least tells you how much I wanted to come here and how glad I am to be with you. As I have passed among these hills and valleys that you know so well and that have come to be another home for my two boys who have been here in this fine school, I have thought -- as all of you must often have thought -- of the events that have occurred here in a dozen generations. I have tried to picture the kinds of people who have lived here and of how they have acted toward each other. I have tried to picture their ideas of human cooperation and of government. Each generation has seen 8 different world from that of the generation that preceded it. The difference has not been so much in the physical changes that have taken place. You have not had many or violent changes of that kind here. But thesé are not the important changes anywhere. Buildings, railroads, highways, dams -- all of these things are not so significant as the progress of knowledge in men's minds. It is that which fundamentally makes the differences between one generation and another -- the significant difference which creates the character of a civilization. 1 - 29B Do you remember Mark Twain's interesting fantasy of the Connecticut Yankee mechanic who was translated back to the time of King Arthur in England and how the knowledge he bore with him of the mechanical processes of our late nineteenth century was sufficient to build a modern community in ancient England -- even to cannons and rapid-firing guns. The process might be worked the other way. One could picture the people of a primitive civilization placed in the surroundings of today. Without instructors from our age they couldn't turn a wheel of our industry or make any of the products we regard as essential to our living. The factories and tall buildings would crumble and the wheels would rust and decay while the population went back to the bow and arrow hunting and crude agriculture to which they had been educated. We have to fit ourselves today for a pretty complicated way of living. We have to acquire some of the essence of what it took many ages to discover. We have to acquire it because it is our education that will determine the character of the civilization of our partimlar America -- our particular world. The factories and tall buildings we inherit will not determine it. But there is an essence of progress that is a thread running through all generations. It is in the energy and the curiosity and the will to learn new things. It has as its basis straight thinking and absolute intellectufl integrity. In this Democratic country of ours we have found that this 2 Regraded Unclassified 29c spirit thrives in company with another principle -- the principles of social justice -- and that principle is just a simple rule of action as between man and man. I want to give point to what I have to say about that principle by some incidents and situations that have come to my attention in public life. I might choose these incidents from those which you may associate as all important in connection with the Treasury, such as its monetary policy, or budget making, or major governmental financing, but I shall omit all of these important as they are, and talk to you today of certain things, which I believe to be more fundamental, and more vital than even the most perfect monetary machinery, because they deal with human beings, with our every day life, our every day conduct, and therefor have a direct bearing in our attitude toward our government. I am going to talk to you about law enforcement, with which the Treasury has much to do in connection with its duty of collecting the revenue due to the government. In that work we have to deal both with those who don't want to pay and with the greater number who pay willingly. If there were a general conspiracy not to pay, then our job would be hope- less. But fortunately most people have a true understanding of the fact that government in this democratic country is a partnership and they pay what is due to their fellow citizens as a duty and even a privilege of citizenship. - 3 - Regraded Unclassified 29D They do it with pride -- and you should remember that they are in the overwhelming majority. Others seek ways to evade paying -- to cheat their government and their neighbors. Of this group of troublemakers there are two classes -- those who are in the upper world and think themselves worthy of respect, and those who are in the underworld and don't care whether they are respectable or not. I say they are the gangsters of both the upper and the lower world. For instance: A man emerges from the obsurity of being a petty crook handy at all forms of comparatively safe crime to be the boss gangster of a community, a fairly big community in our country. He enjoys the fame of being an overlord of crime and vice and illegal trade and he makes an income that probably no man in lawful business in his city can equal. He is frankly of the underworld, but what of the bankers who handle his "dough", as he calls it? What of the lawyer who knows just what he is doing and yet "fronts" for him, helps him to dodge the law and cheat prosecution? What of the politicians who stand by and let him operate? And finally, when a Treasury enforcement unit does what local authorities have not been able to do and indicts him for a Federal penitentiary offense -- evading his income taxes -- What of the influential, respectable citizen who comes down to Washington with a message that the gangster is really quite a fine upstanding fellow who may have done a little technical - 4 - Regraded Unclassified 29 E wrong but ought to be let down easy? Or let us take another case, the case of the manager of 8 big industrial plant who did a favor for a group of men seeking a location for a busines and a favor also to the corpora- tion which had an idle plant to be rented. He introduced these business men to the banker with whom they deposited a large sum of money and to the agent of the idle factory. He did this same courteous service twice in two different communities for this particular group of business men. Did he know that their business was making alcohol on a large scale illegally? He said he didn't when our alcohol tax man caught up with him. And again, there seems a difference of opinion about what is fair and right when one finds the most influential people in a community mustering every power to save from punidhment a physician who for years has gathered B very large income by dispensing narcotics illegally to addicts. It is that sort of case that gives one real distress to contemplate. Then there are those who sharpen their pencils and use trick devices to understate their income with the hope that they can impose on Treasury accountants and that at the worst after long delay they can obtain a compromise that will mean a clear gain to them -- at the expense of their fellow taxpayers. And there are those who advise them to do these things. This is the dark side of the picture. But for every one of these there are thousands who scorn such tricks, who have a law of conduct -- the simple law that right is right and that - 5 - Regraded Unclassified 29F black is not white. Our form of government is one that requires the coopera- tion of citizens. It is not a tyranny. It is not a dictator- ship. So long as we co-operate in carrying out the laws which honestly seek to furnish revenue to our government, we help to uphold our democracy. When we seek to cheat and nullify and evade, and help others to evade, even though they do not come into open conflict with the law, we are in truth undermining the main foundations of our government. When I entered on the duties of my present position there was a notable income tax investigation hanging fire. The men of the Bureau of Internal Revenue because of the implications of this case wanted authoritative word about what to do. I learned of their dilemna and sent for some of them. I didn't discuss the details of this particular case with them at all. I simply said: "Let's get this matter of policy straight and it will save us all & lot of trouble. If there is a case of law-breaking to be made against a man, make it. If there is a tax to be collected, collect it." I didn't need to impart any special instructions about this case, nor did I need to get any. It is better to have one rule for all cases, and I had that rule. Five years of association in public life with Franklin D. Roosevelt had given me daily assurance that as long as I abided by that rule I would always be supported. The rule is simply that the - 6 - Regraded Unclassified 296 law is to be obeyed and that influence doesn't count. I can direct the work of 50,000 United States Treasury employees with the same confidence in the inviolability of that rule as in New York State I assured 150 game protectors that they needn't hesitate to arrest a politician who had shot a deer out of season. It is as simple as that. It is in essence the simple rule that black is black and white is white. It is the rule of fair dealing by which all honorable business is conducted. It is the rule not to take advantage of the weak nor give special favors to the strong. There is no monopoly of it, no unique virtue that one can claim for practicing it. But it is a comfortable rule to follow. It smoothes out difficulties and makes and makes many tangled problems simple. It is the essential principle of which I have spoken, without which we cannot have good government in a democracy. This rule has consequences, a corollary, I think you would call it, which is expressed in the two words, "social justice". One is unfortunate if he hasn't learned it early. I began to discern it as a boy when I sat in a corner of my father's office and saw it appear in business discussions. When, years later, I saw him laboring to protect the Armenians from annihilation, it was but the same rule in practice in a larger field. You, each one of you, could furnish your own recollections and instances of it. In spite of occasional exceptions and violations such as I have noted, it is a rule that is a part of the American spirit and character. - 7 - Regraded Unclassified 29Ga It is so much so that it is a password to a great brother- hood. When I voiced it to the men of the intelligence unit their faces lit with joy, and that was a tonic to me. The pleasure that I get out of my present office is due chiefly to the fact that the men and women who serve their government, who serve you, serve well and with enthusiasm for doing a good job. There is nothing wrong with the morale of government workers. Any private company would be proud and happy to be served as faithfully as your government is served. There are plenty of problems of government still to be solved. We are going to leave many of them to you boys who have been graduated today, and there will be others left for future graduating classes. But this I believe to be true; that there was never a time when so many able men and women were willing to give their services so freely to their government for its good rather than their own: never a time when the problems of government commanded such self-sacrific- ing labor as today. You boys who have been graduated today will soon be working shoulder to shoulder with us, you will often be forging ahead of us, giving us of your strength, your character, your ambition. That I believe is something to give us renewed courage and renewed faith that our form of democratic government will and must prosper. 0000000 Regraded Unclassified Note $ Mr. Crowell thinks this is the 2d draft of the Deemfield Speech. McH 5 June 26th 2 3 500 - - Made Del 22 1 5 Yr 5 I of was N each Libe new - I - 1 - - pacy - 20 MA DMV - adidas 59 that 298 son due my two - - listreght - - laim 55 Acture - - - way Usage Tot will 4am Begraded speech gaton prepared + corrected by by 29H mism I am happy to have the opportunity to speak to the people of this old American community tonight and to these you boys who have 1. been living and growing here in body and mind. It may be of passing interest to you to know that I have not before spoken in the presence of a seeing and hearing audience since I have been clean Secretary of the Treasury. That fact at least tells you that I am glad to be here. I am going to speak about what I regard as the first essen- tial of good government in a Democratic country. What that essen- is I hope will appear plainly to your from some incidents in the life of & public official that I shall tell you. As I have passed among these hills and valleys that you know 80 well and that have come to be another home for my two boys who have been here in this fine school, I have thought - as all of you must often have thought -- of the events that have occurred here in a dozen generations. I have tried to picture the kinds of people who have lived here and of how they have acted toward each other. I have tried to picture their ideas of human cooperation and of government. Of one thing I feel sure; that they have advanced and have prospered in a real sense to the degree that they have observed that principle of government of which I want to speak. Each generation has seen a different world from that of the generation that preceded it. The difference has not been so much in the physical changes that have taken place. You have not had many Regraded Unclassified 29D - 2 - or violent changes of that kind here. But these are not the important changes anywhere. Buildings, railroads, highways, dams - all of these things are not so significant as the progress of knowledge in men's minds. It is that which funda- mentally makes the difference between one generation and another - - the significant difference which creates the character of the a civilization. Do you remember Mark Twain's interesting fantasy of the Connecticut Yankee mechanic who was translated back to the time of King Arthur in England and how the knowledge he bore with him of the mechanical processes of our late nineteenth century was sufficient to build a modern community in ancient England -- even to cannons and rapid-firing guns. The process might be worked the other way. One could picture the people of a primitive civilization placed in the surroundings of today. Without in- structors from our age they couldn't turn a wheel of our industry or make any of the products we regard as essential to our living. The factories and tall buildings would crumble and the wheels would rust and decay while the population went back to the bow and arrow hunting and crude agriculture to which they had been educated. omisstors We have to fit young men and women today for a pretty WE complicated way of living. They have to acquire some of the WE essence of what it took many ages to discover. They have to acquire our it because it is their education that will determine the character Regraded Unclassified 29J - 3 - of the civilization of their particular America - their particular we world. The factories and tall buildings they inherit will not determine it. the But there is an essence of progress that is a thread running through all generations. It is in the energy and the curiosity 2 and the will to learn new things. Nie have found in this democratic country that this spirit thrives beside and in company with another principle - the principle of justice. And that principle is just a simple rule of action as between man and man. I want to give point to what I have to say about that princi- ple by some incidents and situations that have come to my attention form w in public life. You may think it strange that I do not choose these from among matters of really great moment. They have nothing to do with monetary policy and little to do with the budget or major government financing. But I think them even more vital than any of these matters in their bearing on government. 1 am going totalk to ronabout law interequent They are connected with law enforcement, with which the Treasury has much to do in connection with its duty of collecting the revenue due to the government. In that work we have to deal both with those who don't want to pay and with the greater number me who pay willingly. If there was a general conspiracy not to pay, then our job would be hopeless. But fortunately most people have a true understanding of the fact that government in this democratic country is B. partnership and they pay what is due to their fellow Regraded Unclassifie 29K - 4 - citizens as a duty and even a privilege of citizenship. They do it with pride - and you should remember that they are in the overwhelming majority. Others seek ways to evade paying -- to cheat "> their government and their neighbors. Of this group of trouble- makers there are two classes - those who are in the upper world and think themselves worthy of respect, and those who are in the under- world and don't care whether they are respectable or not. Of course, when a man doesn't care he isn't respectable. But those who want respect are not always respectable in your judgment or mine, either. For instance: A man emerges from the obscurity of being a petty crook handy at all forms of comparatively safe crime to be the boss gangster of a community, a fairly big community in our country. He enjoys the fame of being an overlord of crime and vice and he makes and illegal trade as well no an income that probably no man in can Hz 16 Prankly lawful business in his city equals He of the underworld, but what of the bankers who handle his "dough", as he calls it? What of the lawyer who knows just what he is doing and yet "fronts" for him, helps him to dodge the law and cheat prosecution? What of the politicians who stand by and let him operate? And finally, when a Treasury enforcement unit does what local authorities have not been able to do and indicts him for & Federal penitentiary offense - evading his income taxes -- what of the influential, respectable citizen who comes down to Washington with a message Regraded Unclassifie 29L - 5 that the gangster is really quite & fine upstanding fellow who may have done a little technical wrong but ought to be let down easy? another can Or let us take the case of the manager of a big industrial n plant who did a favor for a group of men seeking a location for a business and a favor also to the corporation which had an idle plant to be rented. He introduced these business men to the banker with whom they deposited a large sum of money and to the agent of the idle factory. He did this same courteous service twice in two different communities for this particular group of business men. Did he know that their business was making alcohol on a large scale illegally? He said he didn't when our alcohol tax man caught up with him. And "Th There seems a difference of opinion about what is fair and right when one finds the most influential people in a community mustering every power to save from punishment a physician who for years has gathered EL very large income by dispensing narcotics that illegally to addicts. It is the sort of case that gives one real distress to contemplate. Then there are those who sharpen their pencils and use trick devices to understate their income with the hope that they can impose on Treasury accountants and that at the worst after long delay they can obtain a compromise that will mean a clear gain to them - at the expense of their fellow taxpayers. And there are those who advise them to do these things. Regraded Unclassifie zq m the is the take side 6 -51 the picture But for every one of these there are thousands who scorn such tricks, who have a law of conduct - the simple law that right is right and that black is not white, and for that reason don't have to bother their heads about the Laws that send men to the ponitentiary. We hear a good deal about subversive influences in our National Hfe, influences that are a peril to our form of govern- two ment. Our form of government is one that requires the cooperation of citizens. It is not a tyranny. Are not those who refuse co- operation with the revenue laws which furnish our government its support, who seek to cheat and nullify and evade and help others give to evade without coming into open conflict with the law really attacking the main pillars of our government? Are they not doing Y : a good deal to promote tyranny as an alternative to popular government? When I entered on the duties of my present position there was B. notable income tax investigation hanging fire. The men of the Bureau of Internal Revenue because of the implications of this case wanted authoritative word about what to do. I learned of their dilemma and partinder sent for some of them. I didn't discuss the details of this case with them at all. I simply said: "Let's get this matter of policy straight and it will save us all a. lot of trouble. If there is & case of law-breaking to be made against & man, make it. If there is a tax to be collected, collect it." Regraded Unclassifier zan - 7 - I didn't need to impart any special instructions about this case, nor did I need to get any. It is better to have one rule for all cases, and I had that rule. Five years of association in public life with Franklin D. Roosevelt had given me daily assurance that 83 long as I abided by that rule I would always be supported. The rule is simply that the law is to be obeyed and that influence doesn't count. I can direct the work of 50,000 United States Treasury employees with the same confidence in the inviolability 150 of that rule as in New York State I assured game protectors that Mm e needn't hesitate to arrest & politician who had shot a deer out of season. It 16 as simple asthat. It is in essence the simple rule that black is black and all white is white. It is the rule of fair dealing by which honorable business is conducted. It is the rule not to take advantage of the weak nor give special favors to the strong. There is no monopoly of it, no unique virtue that one can claim for practicing it. But it is a comfortable rule to follow. It smoothes out difficulties and makes many tangled problems simple. It is the essential principle of which I have spoken, without which we cannot have good government in a democracy. This rule has consequences, & corollary, I think you would call it, which is expressed in the two words "social justice." One is unfortunate if he hasn't learned it early. I began to discern it as a boy when I sat in a corner of my father's office Regraded Unclassified - 8 - and saw it appear in business discussions. When, years later, I saw him laboring to protect the Armenians from annihilation, it one was but the same rule in practice in a larger field. You, each of you, could furnish your own recollections and instances of it. In spite of occasional exceptions and violations such as I have noted it is a rule that is a part of the American spirit and character. It is so much so that it is E. password to & great brother- hood. When I voiced it to the men of the intelligence unit their faces lit with joy, and that was a tonic to me. In spite of such instances as I have cited, I am able to turn away from the dark side of the picture to the bright face of The that / gut our of my pasant office events. I gèt pleasure out of being Secretary of the Treasury as well as some worries and my pleasure is due chiefly to the fact that the men and women who serve their government, who serve you, under my direction serve well and with enthusiasm for doing a good job. There is nothing wrong with the morale of government private workers. Any employer would be proud and happy to be served as faithfully as your government is served. still There are plenty of problems of government to be solved. We are going to leave many of them to these you boys who have been graduated today, and there will be others left for their future children. graduating But this I believe to be true; that there was never a time when so many able men and women were willing to give their services 50 freely to their government for its good rather than their own; Regraded Unclassified 290 - 9 - never a time when the problems of government commanded such self- sacrificing labor as today. 11 And I think there was never a time when the essential rule of good government that I have discussed has been so widely understood and supported, There are yet plenty of violations of it but the demand that it shall be uniformly applied, and the willingness of men to apply it in their own affairs, grow stronger daily. That, I believe, is something to give us courage and new faith in government. oo00oo Regraded Unclassified 29P BY MORGENTHAU, JR. STATE OF NEW YORK DIVISION OF PARKS COMMISSIONER ERT E. GASTON DIVISION OF WATER POWER DEPUTY COMMISSIONER AND CONTROL T.GISSS DIVISION or LANDS AND FORESTS SECRETARY DIVISION OF FISH AND GAME CONSERVATION DEPARTMENT ALBANY Itis not a dictatorship. I. long as us co-oparatz in carrying out the laws which honasty seek to Punish Pronume to our got, we 12th to uphold our Asmocracy. Hhru we saak to ohsat and millity and quadz, and help others to quady, 9040 tho They do hot come into open conflict with the law, NZ are in truth attackess the thair pillare foundations of our Gut. he are helping to promets Vyranny as are Harnster to popular 90t Regraded Unclassified 29Q And Ishould like to ad d that s WE has back in wg present office that nevu spiken axc4pt bozu The Radio This the first time / have spoker the 1xcapt is TBV The Radio, so Mait at 14ust talls you how much J wanted to come hare to and how glad lam toke with you XaH 2 has as its basis 1 stought thinking the and absolute intellactual interivity, In this Democrate country 5/0ms nh have Found that along This spirit thrives in company with another principla - The principla of Social Justice - and that principle is just a scieply Rule spaction as Rtanau mare r man * 3 ( might chone These incidents from Those which you may assous as oll unportant in are in connection with the Such as its monta policy, or budget mathing or but Ishall out all 7 there Gudtahe my Examples from them other somers which un port ant as they are, and talk to you, to dae of knower +4 ve Cartam theys, which are more and inns u & d than 70312 The must partact Month are dzal with humantsings, madimum Because They 2Hst mithour 70129 day like, ocu 90mg day conduct, and This a bind threefor direct. have as Hacks bir attittade toward the thour own Maving am going to talk Toyou about Law toour Enforcement Regraded Unclassifie 29R all than coossed con juard bus physical fronting hour It took in quity pund straugth yts Kin and character to puild This hodron 070603 You boys who hour been graduated to day will soon shouldre to shoulder with us, you will often be forging aload rus, 9wing character us of your stranghth, your comare your ambition, That 1 Glimer is something to gir us knumsed comarz and Reuawad faith that our form of Rem gut will dirust prospar Regraded Unclassifi Speech delivered by Secretary Morgenthau at Deerfield Academy on Wednesday evening, June 5th, 1935, at 8 P.M. Sple 295 I am happy to have the opportunity to speak to the people of this old American community tonight and particularly to you boys who have been living and growing here in body and mind. And I should like to add that since I have been in the Treasury this is the first time I have spoken except over the radio, 30 that fact at least tells you how much I wanted to come here and how glad I am to be with you. As I have passed among these hills and valleys that you know so well and that have come to be another home for my two boys who have been here in this fine school, I have thought -- as all of you must often have thought -- of the events that have occurred here in a dozen generations. I have tried to picture the kinds of people who have lived here and of how they have acted toward each other. I have tried to picture Regraded Unclassifie 29T - 2 - their ideas of human cooperation and of government. Each generation has seen a different world from that of the generation that preceded it. The difference has not been so much in the physical changes that have taken place. You have not had many or violent changes of that kind here. But these are not the important changes anywhere. Buildings, railroads, highways, dams -- all of these things are not so significant as the progress of knowledge in men's minds. It is that which fundamentally makes the differences between one generation and another -- the significant difference which creates the character of a civilization. I am sure you remember Mark Twain's interesting fantasy of the Connecticut Yankee mechanic who was translated back to the time of King Arthur in England and how the knowledge hs bore with him of the mechanical processes of our late nineteenth century was sufficient Regraded Unclassified 29h - 3 - to build a modern community in ancient England -- even to cannons and rapid-firing guns. The process might be worked the other way. One could picture the people of a primitive civilization placed in the sur- roundings of today. Without instructors from our age they couldn't turn a wheel of our industry or make any of the products we regard as essential to our living. The factories and tall buildings would crumble and the wheels would rust and decay while the population went back to the bow and arrow hunting and crude agriculture to which they had been educated. We have to fit ourselves today for a pretty com- plicated way of living. We have to acquire some of the essence of what it took many ages to discover. We have to acquire it because it is our education that will determine the character of the civilization of our Regraded Unclassified zav - 4 - particular America -- our particular world. The factories and tall buildings we inherit will not deter- mine it. But there is an essence of progress that is a thread running through all generations. It is in the energy and the curiosity and the will to learn new things. It has as its basis straight thinking and absolute intellectual integrity. In this Democratic country of ours we have found that this spirit thrives in company with another principle -- the principles of social justice -- and that principle is just a simple rule of action as between man and man. I want to give point to what I have to say about that principle by some incidents and situations that have come to my attention in public life. I might choose these incidents from those which you may asso- Regraded - 5 - ciate as all important in connection with the Treasury, such as its monetary policy, or budget making, or major governmental financing. But I shall omit all of these, important as they are, and talk to you today of certain things which I believe to be more fundamental, and more vital than even the most perfect monetary machinery. They are more vital and fundamental because they deal with human beings, with our every day life, our every day conduct; and have a direct bearing on our attitude toward our government. I am going to talk to you about law enforcement, with which the Treasury has much to do in connection with its duty of collecting the revenue due to the government. In that work we have to deal both with those who don't want to pay and with the greater number who pay willingly. If there were a general conspiracy Regraded Unclassified 29X - 6 - not to pay, then our job would be hopeless. But for- tunately most people have a true understanding of the fact that government in this country is a partnership and they pay what is due to their fellow citizens as a duty and even a privilege of citizenship. They do it with pride -- and you should remember that they are in the overwhelming majority. Others seek ways to evade paying -- to cheat their government and their neighbors. of this group of troublemakers there are two classes -- those who are in the upper world and think themselves worthy of respect, and those who are in the underworld and don't care whether they are respectable or not. I say they are the gangsters of both the upper and the lower world. For instance: A man emerges from the obscurity of being a petty crook handy at all forms of comparatively Regraded Unclassif zqy - 7 - safe crime to be the boss gangster of a community, a fairly big community in our country. He enjoys the fame of being an overlord of crime and vice and illegal trade and he makes an income that probably no man in lawful business in his city can equal. He is frankly of the underworld, but what of the bankers who handle his "dough", as he calls it? What of the lawyer who knows just what he is doing and yet "fronts" for him, helps him to dodge the law and cheat prosecution? What of the politicians who stand by and let him operate? And finally, when a Treasury enforcement unit does what local authorities have not been able to do and indicts him for a Federal penitentiary offense -- evading his income taxes -- what of the influential, respectable citizen who comes down to Washington with a message that the gangster is really quite a fine upstanding fellow who may have done a little technical wrong but ought Regraded Unclassif e 8 - to be let down easy? Or let us take another case, the case of the manager of a big industrial plant who did a favor for a group of men seeking a location for a business and a favor also to the corporation which had an idle plant to be rented. He introduced these business men to the banker with whom they deposited a large sum of money and to the agent of the idle factory. He did this same courteous service twice in two different communities for this particular group of business men. Did he know that their business was making alcohol on a large scale il- legally? He said he didn't when our alcohol tax man caught up with him. And again, there seems a difference of opinion about what is fair and right when one finds the most influential people in a community mustering every power Regraded Unclassified 29AA AA - 9 - to save from punishment a physician who for years has gathered a very large income by dispensing narcotics illegally to addicts. It is that sort of case that fills me with disgust and wrath. Then there are those who sharpen their pencils and use trick devices to understate their income with the hope that they can impose on Treasury accountants and that at the worst after long delay they can obtain a compromise that will mean a clear gain to them -- at the expense of their fellow taxpayers. And there are those who advise them to do these things. This is the dark side of the picture. But for every one of these there are thousands who scorn such tricks, who have a law of conduct -- the simple law that right is right and that black is not white. Our form of government is one that requires the Regraded Unclassified 29BB - 10 - cooperation of citizens. It is not 8. tyranny. It is not a dictatorship. So long as we cooperate in carry- ing out the laws which honestly seek to furnish revenue to our government, we help to uphold our democracy. When we seek to cheat and nullify and evade, and help others to evade, even though they do not come into open conflict with the law, we are in truth undermining the main foundations of our government. When I entered on the duties of my present position there was a notable income tax investigation hanging fire. The men of the Bureau of Internal Revenue because of the implications of this case wanted authoritative word about what to do. I learned of their dilemna and sent for some of them. I didn't discuss the details of this particular case with them at all. I simply said: "Let's get this matter of policy straight and it will save us 29CC - 11 - all a lot of trouble. If there is a case of law-breaking to be made against a man, make it. If there is a tax to be collected, collect it. Let the chips fall where they may." I didn't need to impart any special instructions about this case, nor did I need to get any. It is better to have one rule for all cases, and I had that rule. Twenty years of association with Franklin D. Roosevelt had given me daily assurance that as long as I abided by that rule I would always be supported. The rule is simply that the law is to be obeyed and that influence doesn't count. I can direct the work of 50,000 United States Treasury employees with the same confidence in the inviolability sanctity of that rule as in New York State while serving as Conservation Commissioner under Governor Roosevelt, I assured 150 game protectors that they needn't Regraded Unclassity 29AD - 12 - hesitate to arrest a prominent politician who had shot a deer out of season. It is as simple as that. It is in essence the simple rule that black is black and white is white. It is the rule of fair dealing by which all honorable business is conducted. It is the rule not to take advantage of the weak nor give special favors to the strong. There is no monopoly of it, no unique virtue that one can claim for practicing it. But it is a comfortable rule to follow. It smoothes out difficulties and makes many tangled problems simple. It is the essential principle of which I have spoken, without which we cannot have good government in a democracy. This rule has consequences, a corollary, I think you would call it, which is expressed in the two words, "social justice". One is unfortunate if he hasn't learned it early Regraded Unclassi 29EE - 13 - in life. I began to discern it as a boy when I sat in a corner of my father's office and saw it appear in business discussions. When, years later, I saw him extinction laboring to protect the Armenians from annihilation, A it was but the same rule in practice in a larger field. You, each one of you, could furnish your own recollec- tions and instances of it. In spite of occasional exceptions and violations such as I have noted, it is a rule that is & part of the American spirit and character. It is so much so that it is a password to a great brotherhood. When I voiced it to the men of the Internal Revenue Intelligence Unit their faces lit with joy, and that was a tonic to me. The pleasure that I get out of my present office is due chiefly to the fact that the men and women who serve their government, who serve you, serve well and with enthusiasm for doing & good job. There is nothing Regraded Unclassifie 29 29FF - 14 - wrong with the morale of government workers. Any private company would be proud and happy to be served as faithfully as your government is served. There are plenty of problems of government still to be solved. We are going to leave many of them to you boys who have been graduated today, and there will be plenty of others left for future graduating classes. But this I believe to be true; that there was never a time when so many able men and women were willing to give their services so freely to their government for its good rather than their own; never a time when the prob- lems of government commanded such self-sacrificing labor as today. You boys who have been graduated today will soon be working shoulder to shoulder with us, you will often be forging ahead of us, giving us of your strength, your character, your ambition. That I believe is something Regraded - 15 - to give us renewed courage and renewed faith that our form of democratic government will and must prosper. ---000000-- Regraded 29GG TREASURY DEPARTMENT See Page 7. Washington Following is the text of an address by Henry Morgenthau, Jr., Secretary of the Treasury, sibl to be delivered at Deerfield, Mass., Wednesday, June 5, in connection with the graduation exercises of Deerfield Academy. It is for release upon delivery which is set for 8 P.Ms I am happy to have the opportunity to speak to the people of this old American community tonight and particularly to you boys who have been living and growing here in body and mind. And I should like to add that since I have been in the Treasury this is the first time I have spoken except over the radio, so that fact at least tells you how much, I wanted to come here and how glad I am to be with you. As I have passed among these hills and valleys that you know 30 well and that have come to be another home for my two boys who have been here in this fine school, I have thought - as all of you must often have thought - of the events that have occurred here in a dozen generations. I have tried to picture the kinds of people who have lived here and of how they have acted toward each other. I have tried to picture their ideas of human cooperation and of government. Each generation has seen a different world from that of the generation that preceded it. The difference has not been so much in the physical changes that have taken place. You have not had many or violent changes of that kind here. But these are not the important changes anywhere. Buildings, railroads, highways, dams Regraded Unclassifie - all of these things are not so significant as the progress of knowledge in men's minds. It is that which fundamentally makes the differences botween one generation and another - the significant difference which creates the character of a civilization. I am sure you romember Mark Twain's interesting fantasy of the Connecticut Yankee mechanic who was translated back to the time of King Arthur in England and how the knowledge he bore with him of the mechanical processes of our late nineteenth contury was sufficient to build a modern community in ancient England - even to cannons and rapid-firing guns. The process might be worked the other way. One could picture the people of a primitive civilization placed in the sur- roundings of today. Without instructors from our age thoy couldn't turn a wheel of our industry or make any of the products we regard as essential to our living. The factories and tall buildings would crumble and the whoels would rust and decay while the population wont back to the bow and arrow hunting and crude agriculture to which they had been educated. No have to fit ourselves today for a pretty com- plicated way of living. We have to acquire some of the essence of what it took many ages to discover. We have to acquire it because it in our education that will determine the character of the oivilization of our particular America - our particular world. The Regraded Unclassified -3- factories and tall buildings we inherit will not deter- mine it. But there is an essence of progress that is a thread running through all generations. It is in the energy and the curiosity and the will to learn new things. It has as its basis straight thinking and absolute intellectual integrity. In this Democratic country of ours we have found that this spirit thrives in company with another principle - the principles of social justice - and that principle is just a simple rule of action as between man and man. I want to give point to what I have to say about that principle by some incidents and situations that have come to my attention in public life. I might choose these incidents from those which you may asso- ciate as all important in connoction with the Treasury, such as its monetary policy, or budgot making, or major governmental financing. But I shall omit all of these, important as they are, and talk to you today of certain things which I believe to be more fundamental, and more vital than even the most perfect monetary machinery. They are more vital and fundamental because they deal with human beings, with our overy day life, our every day conduct; and have a direct bearing on our attitude toward our governmont. Regraded Unclassified - 4 - I am going to talk to you about law enforcement, with which the Treasury has much to do in connection with its duty of collecting the revenue due to the government. In that work we have to deal both with those who don't want to pay and with the greater number who pay willingly. If there were a general conspiracy not to pay, then our job would be hopeless. But fortunately most people have a true understanding of the fact that government in this country is a partnership and they pay what is due to their fellow citizens as a duty and even a privilege of citizenship. They do it with pride -- and you should remember that they are in the overwhelming majority. Others seek ways to. evade paying -- to cheat their government and their neighbors. Of this group of troublemakers there are two classes --- those who are in the upper world and think themselves worthy of respect, and those who are in the under- world and don't care whether they are respectable or not. I say they are the gangsters of both the upper and the lower world. For instance: A man emerges from the obscurity of being a petty crook handy at all forms of comparatively safe crime to be the boss gangster of a community, a fairly big community in our country. He enjoys the fame of being an overlord of crime and vice and illegal trade and he makes an income that probably no man in lawful business in his city can equal. He is frankly Regraded Unclassified - 5 - of the underworld, but what of the bankers who handle his "dough", as he calls it? What of the lawyer who knows just what he is doing and yet "fronts" for him, helps him to dodge the law and cheat prosecution? What of the politicians who stand by and let him operate? And finally, when a Treasury enforcement unit does what local authorities have not been able to do and indicts him for a Federal penitentiary offense - evading his income taxes - what of the influential, respectable citizen who comes down to Washington with a message that the gangster is really quite a fine upstending fellow who may have done a little technical wrong but ought to be let down easy? Or lot us take another case, the case of the manager of a big industrial plant who did a favor for a group of men seeking a location for A business and a favor also to the corporation which had an idle plant to be rented. He intro- duced these business men to the banker with whom they deposited a large sum of money and to the agent of the idle factory. He did this same courteous service twice in two different communi- ties for this particular group of business men. Did he know that their business WAS making alcohol on a large scale 11- legally? He said he didn't when our alcohol tax nan caught up with him. Regraded Unclassified - 6 - And again, there seems & difference of opinion about what is fair end right when one finds the most influential people in a community mustering every power to save from punishment a physician who for years has gathered a, very large income by dis- pensing narcotics illegally to addicts, It is that sort of case that fills me with disgust and wrath. Then there are those who sharpen their pencils and use trick devices to understate their income with the hope that they can impose on Treasury accountants and that at the worst after long delay they can obtain a compromise that will mean a clear gain to them - at the expense of their fellow tax- payers, And there are those who advise them to do these things. This is the dark side of the picture. But for every one of these there are thousands who scorn such tricks, who have a law of conduct - the simple law that right is right and that black is not white. Our form of government is one that requires the cooperation of citizens. It is not a tyranny. It is not a dictatorship. So long as we cooperate in carrying out the laws which honestly seek to furnish revenue to our government, we help to uphold our democ- racy. When we seek to cheat and nullify and evade, and help others to evade, even though they do not come into open conflict with the law, we are in truth undermining the main foundations of our government. Regraded Unclassified 7 I I When I entered on the duties of my present position there was a notable income tax investigation hanging fire. The men of the Bureau of Internal Revenue because of the implications of this case wanted au- thoritative word about what to do. I learned of their dilemna and sent for some of them. I didn't discuss the details of this particular case with them at all. I simply said: "Let's get this matter of policy straight and it will save us all a lot of trouble. If there is a case of law-breaking to be made against a man, make it. If there is a tax to be collected, collect it. Let the chips fall where they may." I didn't need to impart any special instructions about this case, nor did I need to get any. It is better to have one rule for all cases, and I had that rule. Twenty years of association with Franklin D. Roosevelt had given me daily assurance that as long as I abided by that rule I would always be supported. The rule is simply that the law is to be obeyed and that influence doesn't count. I can direct the work of 50,000 United States Treasury employees with the same confidence in the inviolability of that rule as in New York State while serving as Conservation Commissioner under Governor Roosevelt, I assured 150 game protectors that they needn't hesitate to arrest a prominent politician who had shot a deer out of season. It is as simple as that. Regraded Unclassified - 8 - It is in essence the simple rule that black is black and white is white. It is the rule of fair dealing by which all honorable business is conducted. It is the rule not to take advantage of the weak nor give special favors to the strong. There is no monopoly of it, no unique virtue that one can claim for practicing it. But it is a comfortable rule to follow. It smooths out difficulties and makes many tangled problems simple. It is the essential principle of which I have spoken, without which we cannot have good government in a democracy. This rule has consequences, a corollary, I think you would call it, which is expressed in the two words, "social justice". One is unfortunate if he hasn't learned it early in life. I began to discern it as a boy when I sat in a corner of my father's office and saw it appear in business discussions. When, years later, I saw him laboring to protect the Armenians from annihilation, it was but the same rule in practice in a larger field. You, each one of you, could furnish your own recollections and instances of it. In spite of occasional exceptions and violations such as I have noted, it is a rule that is a part of the American spirit and character. It is so much so that it is a password to a great brotherhood. When I voiced it to the men of the Internal Revenue Intelligence Unit their faces lit with joy, and that was a tonic to me. Regraded Unclassifie - 9 - The pleasure that I get out of my present office is due chiefly to the fact that the men and women who serve their government, who serve you, serve well and with enthusiasm for doing a good job. There is nothing wrong with the morale of government workers. Any private company would be proud and happy to be served as faithfully as your government is served. There are plenty of problems of government still to be solved. We are going to leave many of them to you boys who have been graduated today, and there will be plenty of others left for future graduating classes. But this I believe to be true; that there was never a time when so many able men and women were willing to give their services so freely to their government for its good rather than their own; never a time when the problems of government commanded such self- sacrificing labor as today. You boys who have been graduated today will soon be working shoulder to shoulder with us, you will often be forging ahead of us, giving us of your strength, your character, your ambition. That I believe is something to give us renewed courage and renewed faith that our form of democratic government will and must prosper. ------000000-- Regraded Unclassified 30 TREASURY DEPARTMENT Washington The following text of an address by Henry Morgenthau, Jr., Secretary of the Treasury, before the Tax Rovision Council in Washington, D.C. at 10:30 A.M. Friday, June 7, is for release upon delivery. I appreciate the invitation to take part in this discussion of the (coblem of conflicting and overlapping taxation. It is an old problem and not confined to the United States, but it grows more complicated, more difficult, and more acute with the years. At present ve find it 30 ncute in our country that it must be faced, and the fact that we are facing it raises the hope that we shall soon be taking important steps to solve it. The depression has brought this problem into prominence by impairing the usual surces of revenue, thus causing our various governmental units to cremote with each other for new sources and for greater yield from the old sources. This competition has produced numerous unfortunate results. For example, certain states have discovered that their taxes drove business into noighboring states; others have revised their tax laws primarily to attract business. Tax evasion, in all fitsforms, has boen increased by the fact that our machinery for the levying of taxes is out of equilibrium. We find 11.4.10 states imposing taxes proviously levied solely by the Federal government, and therefore having to set up duplicate administrative machinery. The Foderal Government has also tapped sources of revenuo proviously regarded as for the statos alone. The conflicts between local and state governments in the field of taxation are too mumerous even to be cataloguod during the few minutes I shall address you. Every phaso of this problem bristles with thorny details. Regraded Unclassifie 30 The principal contribution that I should like to make to your deliberations on this subject is a definition ofthe basic problem. With the definition in mind WO are ready to divide the problem into its many parts, and take them up in detail. The basic problem, as I see it, is to be just to the tax-payer. Independent levying of taxes by all of the various taxing authorities, without due consideration for the tax structure as a whole, has often resulted in unfair and uneconomic distribution of the burden. This is unjust, and therefore, affects the very foundations of government. It touches the welfare of the citizen in his daily task of earning a living. I think the problem should be approached, with this point of view. Duplicate taxes cause waste, but that is a detail. The greater problem is to restore equilibrium in the tax structure as a whole, in order, primarily, to be fair and just. The waste is not as important as the injustice. It is entirely possible that we could attack the problem of waste and solve it without removing injustice. If we considered the matter solely from the point of view of the efficient tax gatherer it would become a technical problem. You could summarize it as a question of how to get the most money with the least expense. Stated in those terms the problem of this democratic government would be no different from that of any ancient tyrant. He had to raise money to support his government and ho tried to get as much as he could with the least possible expense. A considerable part of the oppression which charactorized tyranny was a direct result of taxation for revenue only, without regard to justice. We must remember that, to the individual citizen, taxes are taxes, and that it maices no difference to him which agency is most at fault for any injustice he suffers. The tax structure should be sound, and the responsibility for making it 30, rests upon every part of our government. When each taxing authority is guided only by its own immedinte needs, and lovies regardless of Regraded Unclassifie 30B -3- the existence of identical or, similar taxes imposed by other government units, the structure cannot be sound. The problem of how to be fair in levying taxes is not easy, and porfection is out of the quostion; but the very complexity of the question pakos it necessary for us to be striving constantly toward perfection because of the neverending drift in the opposite direction. We must be careful to guard against injustices as between geographic sections of the country, as between commodities, and industries, no less than as between individuals. An unjust distribution of the tax burden immediately creates artificial obstacles, and their disturbing influence is injected into the economic life of the nation. I think it would be a great mistake, therefore, to think of our problem as limitod to the removal of such administrative conflicts as now exist between the Federal, State, and local governments with respect to taxes. Certain types of new taxes which have been adopted as emergency measures might well be left to their administrative difficulties, in the hope that they will be discontinued. It would be a mistake, in my opinion, to accept as our main problem the task of making it easier to collect and administer all taxes. What, then, should be our immediate approach to the problem? To may as well forego at the outset, the approach that would disregard the historical development of our political institutions, and attompt to recast our whole Government from top to bottom in such fashion that all governmental functions would be redistributed between Federal, State, and local units according to some idoal pattern. The practical objection to setting up such an ideal cystem of taxation, based upon a thorough redistribution of all governmental functions, is that we would be forced to spend the rest of our lives contom- plating the impossibility of putting it into effect. To be practical, in this Regraded Unclassifie 30C connection, we must do our utmost to correct grave abuses without attompting to recest our whole machinery. On the other hand, I don't believe that it would be wine to go to the other extreme; that is, to make a list of all of the specific types and cases of conflicts and overlapping, and attempt to take them up one by one. That type of piecemeal tinkering is very slow and rarely effective. Moreover, it in subject to the danger that each piecemeal solution, adopted without due reference to fundamental principles, might produce new inconsistencies. And a series of such piecemoal solutions could easily result in a badly distorted and unjust total tax structure. The best approach would be the fundamental one of considering the entire problem from the standpoint of the individual taxpayor. The first step, in my opinion, is to make a careful survey and analysis of the total tax structure of the country to determine just how the burden of our governmental expenses in now distributed. Next, I would note what practicable changes in the cumbined tax structure of the country would produce a sound and more equitable distribution of the total burden. In the third place, I would concentrate upon a few important and workable means of eliminating conflicts and overlapping in a manner consistent with our analysis of what constitutes a fundamentally desirable tax structure. Finally, having arrived at a few important possibili- ties which we know to be fundamentally sound, we can then attempt to put them into effect. Each progressive step that we succeed in achieving along this line would not be a compromise that might create now conflicts, but would completo part of our task. Each fundamental stop completed would provide a stopping-stono to make the next part of our program easier to achieve. 30D Wherever the problem has been attacked in this manner real progress has resulted. Several of the states are excellent examples but I am most familiar with what was dono in Now York State when Franklin D. Roosevelt was Governor. At his direction, the problem of oqualizing the tax burden was studied by exports, and their reports are among the most valuable we have on this subject. In the rural aroas of Now York State, tax reforms of great social value were put into effect, and romain as boacon-lights to direct our course, Mr. Roosevelt's interest in this problem has been intonsified sinco he became President of the United Statos. At his diroction the Treasury is undertaking a now study of overlapping taxes. This will supplement and carry further the excellent work nn the problem of double taxation done by the staff of the Joint Committee on Taxation of the Congress for the Ways and Moans Committoe in 1932. In procooding along the course I have outlined, guided at overy stop by the basic principlo offairness, wo should ba careful not to assumo that the revenue noods of our various governmental units are, now fixed for all time. That assumption would load us into new difficultios. Our attack upon the problem of conflicting and overlapping taxation must be SQ basic that the solutions we arrive at aro sufficiently floxible to provide for changing noods. In the case of somo taxos, it is entirely possible that wo shall find it dosirable to malco a rigid separation of sources between Foderal, State, and local governmonts. In other casos, wa might find that cortain taxes now levied by numorous governmontal units could bo best administered by tho Fodoral Govern- mont, and the proceeds shared with the Statos. It is also possible that the BY states might handlo certain of the taxos more oasily than the Fodoral Government. Regraded Unclassifie 30E -6- It would be highly desirable to center considerable attention upon the principles that should govern the allocation of such revenue. In conclusion, I strongly urge that the technical details of tax-gathering, and even the essential matter of supporting the government, be considered secondary in importance in your doliberations, and that first consideration be given to the vital question of justice to the tax-payer. That course simplifies the task and leads directly to the goal. or Regraded Unclassified 31 147 TAXPAYERS FIRST An address delivered before the Tax Revision Council urging that prime consideration be given to the vital question of justice to the taxpayer. By HENRY MORGENTHAU, JR. Secretary of the Treasury Chairman of the Tax Revision Council and overlapping taxation is an ous taxing authorities, without due considera- Cold problem. old not confined to the United tion for the tax structure as a whole, results in States, which grows more complicated, unfair and uneconomic distribution of the bur- note difficult, and more acute with the years. den, affecting the very foundations of govern- has now become so acute in this country that ment. It touches on the welfare of the citizen must be faced squarely. The fact in his daily task of earning a liv- Bat we are facing it gives rise to ing. Duplicate taxes cause waste, the hope that we shall soon be tak- but that is a detail. The greater important steps to solve it. problem is to restore equilibrium The problem has recently been in the tax structure as a whole, in Trought into prominence by de- order, primarily, to be fair and Pression decreases in the usual just to every class of taxpayer. purces of governmental revenue It is entirely possible that we which have forced our various gov- could attack the problem of waste Termental units to compete with and solve it without removing in- ach other for new sources of tax justice. If we considered the mat- income and for greater yield from ter solely from the point of view of the old sources. This competition the efficient tax gatherer it would produced numerous unfortu- become a technical problem which Henry Morgenthau. Jr. bate results. Some states have dis- could be summarized as a question covered that their taxes drive business into of how to raise the most tax revenue with the heighboring states; others have revised their tax least administrative expense. Stated in those primarily to attract business. All forms of terms the problem of this democratic govern- IX evasion have been increased by the fact that ment would be no different from that of any our tax machinery is out of equilibrium. Some ancient tyrant who had to raise money to sup- Rates, imposing taxes previously levied solely by port his government and who tried to get as the federal government, have had to set up much as he could with the least possible ex- duplicate administrative machinery. The con- pense. A considerable part of the oppression diets between local taxes and state taxes are too which characterized tyranny was a direct result numerous for me to catalogue. Every phase of of taxation for revenue, without regard to THIS problem bristles with thorny details. justice. The contribution which I should like to make The problem of how to be fair in levying to these deliberations is a definition of the basic taxes is not easily solved. Perfection is out of problem. With a definition in mind we can the question; but the very complexity of the to divide the problem into its many question makes it necessary for us to strive con- parts, and take them up in detail. The basic stantly toward perfection and overcome the problem. as ! sée it, is to be just to the taxpayer. never-ending drift in the opposite direction. All independent levying of taxes by all of the vari- governmental units must face that responsibility. Regraded STATE GOVERNMENT 149 149 We must be careful to guard against unjust meal solutions could easily result in a badly dis- placing of the burden on particular geographic torted and unjust total tax structure. sections of the country, on particular commod- The best approach would be the fundamental IN THE DARK ities, and on particular industries, DO less than one of considering the entire problem from the State officials lack adequate information on the fiscal on particular individuals. An unjust distribu- standpoint of the individual taspayer. The firs problems with hich they must deal. tion of the tax burden immediately creates arti- step is to make a careful survey and analysis of ficial obstacles to business, and the disturbing the rotal tax structure of the country to detes. work of the Tax Revision Council and influence of these obstacles is injected into the mine just how the burden of our governmental for the immediate future are not inviting. The economic life of the nation. expense is now distributed. Next, We should T of all other fiscal bodies interested in the financial support available to the Bureau of the note what practicable changes in the combined rationalization of state and local financial Centus assures immediate restoration of only It would be a great mistake to think of our tax structure of the country would produce a problema is greatly hampered by the lack of that part of the program which contemplates a problem as limited to the removal of such ad- ministrative conflicts as now exist between the sound and more equitable distribution of the comparative information. It is necessary that financial survey of cities having a population in mml burden. In the third place, we should cop- the finances of states and their political sub- excess of 30,000. It does not look toward sample federal, state, and local us systems. Indeed, CCT- divisions be understood before attempts to iron tain types of new taxes which have been adopted centrate upon A few important and workable coverage of smaller units or a complete report- as emergency measures might well be leh to means of eliminating conflicts and overlapping out tax conflicts can be successful and before ing of state data. Moreover, the report of 1931 in a manner consistent with our analysis of what the RUICI can work out satisfactory tax struc- and 1932 is now almost completely useless for their administrative difficulties, in the hope that they will be discontinued. It would be a mistake constitutes a fundamentally desirable tax itruc- cares. At present the data for a comprehensive an interpretation of the present financial situa- ture. Finally, having arrived at a few important financial picture are noticeably lacking. tion in the states. There has been, since 1931 and to accept as our main problem the task of sim- plifying the administration of all taxes. possibilities which we know to be fundamen- 1932, an almost revolutionary change in state Census statistics tally sound, we can then attempt to par them and local finance and defects in that report No extremes into effect. Each progressive step which we such The Boreau of the Census, prior to 1930, took render it difficult to utilize figures for compare- ceed in achieving along this line would not be an annual census of the financial activities of son with such data as can be obtained at the What, then, should be our immediate ap- a compromise that might create new conflicts cities of more than 30,000, and of all states. As present rime, sparse as that material is. preach to the problem? We may as well forego at the outset, the approach which would dis- but would complete part of our task. Each would an economy measure during the depression, provide a stepping-stone to make the next part publication of the financial statistics of cities What is needed regard the historical development of our politi- from thirty to a hundred thousand population, la order to obtain a reasonably accurate and cal institutions, and attempt to recast our whole of our program easier to achieve. and of the financial statistics of states has been complete picture of public finance another sur- government from top to bottom, in such Fashion Possibilities discontinued. vey compurable in scope, but superior in quality, that all governmental functions would be re- distributed between federal, state, and local In the case of some taxes, it is entirely pos The Bareau has also conducted a more com- in that of 1931-32, is necessary. The Cents units according to some ideal pattern. The prac- sible that we shall find it desirable TO make a prehensive decennial survey of the finances of Bureau would, of course, be glad to conduct tical objection to setting up such an ideal system rigid separation of sources betwoen federal, various units of government. The scope of this such a survey if financial support were made of resation, based upon a thorough redistribu- state, and local governments. In other cases, ten year survey has been the entire govern- available. It has canvassed the possibility of de- tion of all governmental functions, is that we we might find that certain motes now levied by mental organization of the United States rather veloping à works project for this purpose, but would be forced to spend the rest of our lives numerous governmental units could be best sil- than merely cities within a specified population there is some doube as TO the legality of such contemplating the impossibility of purting it ministered by the federal government, and the group and state governments. The last of these a scheme, and much graver doube as to whether into effect. To be practical, we de odr proceeds shared with the states. It is also por- comprebensive surveys was made as of 1931-32. its execution would be possible with work relief ulmost to correct grave abuses without attempt- sible that the states might handle certain of the As a result of investigations of state and local labor, unless a great deal more supervision could be provided than is possible under present ap- ing to recast our whole machinery. taxes more easily than the federal government Ratistics conducted by the Central Statistical On the other hand, I do DOE believe that it We must center considerable attention upon the Board and the Municipal Finance Officers' Asso- propriations. would be wise to go DO the other extreme; that principles governing allocation of such reventif, cation, the Bureau of the Census is now plan- A number of state financial officials may wish is, to make a list of all of the specific types and In conclusion, [ strongly urge that the tochno- ning a greatly improved program for collecting to concern themselves with efforts to secure ade- clues of conflicts and overlapping, and attempt cal details of tax-gatbering, and even the essor- datistics of state and local governments. The quate financial dam on state and local govern- to take them up one by one. That type of piece- tial matter of supporting the government, be program, when completely under way, will DOE ment. Appropriate authorities in Washington rueal tinkering is very slow and rarely effective considered secondary in importance in these de only improve the quality of the data, but will -especially in the Cennus Bureau - would Moreover, it is subject to the danger that each liberations, and that first consideration be given also make possible an intelligent estimate of the doubtless be glad to receive encouragement piecemeal solution, adopted without due refer- to the vital question of justice to the tax-payer. total financial picture at any une time. from state and local officers, who would be most ense to fundamental principles, might produce That course supplifies the task and leads di- Nevertheless, the situation at present is cer- benefited by their revised program if, and when, new inconsistencies. And a series of such piece- recrly to the goal which we strive to raid tainly TYCE what it should be, and the prospects is could be put into effect. Regraded Unclassified 180 151 THE SUPREME COURT SPEAKS LEGISLATIVE LEVEES Excerpts from the recent NRA decision which define the Interstate compacts offer il strong bulwark against retrogression in the control of social and industrial problems of the nation. powers lying within the domain of the states. The commerce power: "It is not the the extent of the regulation of cost By ETHEL M. JOHNSON province of the court to consider the would be a question of discretion and Secretary of the New Hampshire Commission DW Interance Labor Company economic advantages or disadvamages not of power." of (such) a centralized system. It is suf- HE purpose of interstate compacts with Massachusetts and New York, of the industrial ficient to say that the federal constitu- Indirect effects: "The distinction be- T respect to labor legislation is to remove states of the east, have a 48-hour law. tíon does not provide for it. Our growth tween direct and indirect effects has unfair differentials in the labor laws of These differentials in regulatory measures and development have called for wide been clearly recognized in the applica- the different states, to assure more adequate pro- tend to encourage the migration of factories use of the commerce power of the fed- tion of the Anti-Trust Act. Where a tection for employees in these states, and to give from states with high standards of protective eral government in its control over the combination or conspiracy is formed, greater permanence to the legislation enseted. legislation to others with lower standards. The expanded activities of interstate com- with the intent to restrain interstate It it to the interest of the manufacturer to resulting displacement of labor contributes to merce and in protecting that commerce commerce or to monopolize any part of have greater uniformity in the labor laws of sectional unemployment. The movement of from burdens, interferences and con- it, the violation of the statute is clear. comparable industrial states. It is equally to textile factories from New England to the spiracies to restrain and monopolize it. "But where that intent is absent and the interest of workers that uniform standards southern states is an outstanding example of "But the authority of the federal gov- the objectives are limited to intrastate regarding conditions of employment be adopted such migration. A shifting of plants on a lesser ernment may not be pushed to such an activities the fact that there may be an by the several states, and that these standards scale, but with disturbing results, goes on much extreme as to destroy the distinction, indirect effect upon interstate commerce should conform to the most enlightened criteria, of the time between adjacent states in which which the commerce clause itself estab- does not subject the parties to the fed- competing industries are located. eral statute, notwithstanding its broad Wide variations lishes, between commerce among the Another consideration in connection with the several states' and the internal concerns provisions." Existing differences in labor legislation be- compact device in the field of labor and indus- of a state Iween Rates with competitive industries have try is that legislation enacted under a compact The commerce clause: "But where resulted in wide variations in working candi- agreement is presumably of a more permanent the effect of intrastate transactions upon tions and practices and, to some extent, in the nature than that enacted by a single state. The Wages and hours: "If the federal interstate commerce is merely indirect, cost of continuing business. An illustration of compact is a formal contract involving not only government may determine the wages such transactions remain within the do this may be found in the Atlantic seaboard and hours of employees in the internal ratification by the legislatures of the signatory main of state power. states. A number of these have closely compet- states, but, in addition, the sanction of Congress. commerce of a state, because of their re- "If the commerce clause were con- ing industries, yet their legal regulations in such Each state is free to decide whether it wishes to lation to cost and prices and their indi- strued to reach all enterprises and trans- matters as hours of employment, night work, rect effect upon interstate commerce, it ratify a given compact. Once a state has given actions which could be said to have an wages, and child labor vary greatly. Of the New its consent to a compact, however, is is under would seem that a similar control might indirect effect upon interstate com- England states, for instance, Maine and Rhode be exerted over other elements of cost moral obligation to observe the provisions of merce, the federal authority would effl- Island prohibit the employment of children also affecting prices, such as the number the agreement. brace practically all the activities of the less than 15 years of age, Connecticut has of employees, rents, advertising, meth- people and the authority of the state ods of doing business, etc. recently enacted legislation prohibiting the em- Regional agreements over its domestic concerns would exist playment of minors under 16 years of age. The The interstate compact, 25 applied to labor "All the processes of production and only by sufferance of the federal gov- distribution that enter into cost could other Hates permit boys and girls of 14 or more legislation, has many interesting possibilities. It emment. Indeed on such a theory even likewise be controlled. If the cost of years of age, if properly certified, to leave school suggests not only direct agreement on common the development of the state's commer- No become wage earners. New Hampshire is problems between two or more states, but the doing an intrastate business is in itself cial facilities would be subject to federal the one Rate in the group which requires extra further posibility of regional agreements be- the permitted object of federal control, control." compensation for injury to minors who are il- tween groups of states representing different sec- legally employed. Connecticut, Massachusetts, tions of the country. One of the promising les- and New Hampshire are the only New England turo of the interstate compact is the opportunity Rales with minimum wage legislation. Only it affords of beinging states into closer relation- Regraded Unclassified 152 STATE GOVERNMENT 153 ship with one another. Greater harmony One of the sifeguards from this danger in the among the states should be promoted by the unilization of the compact in the field of labor development and use of this device for meeting and industry may be the definite limitation of LABORS FOR LABOR mutual problems. the sphere of action for the compact as applied There is, however, a possible danger in con- to labor legislation. If, instead of attempting to A recent interstate conference recommended the broadening of nechion with the compact as applied to labor use the compact as an agency for securing new legal protection for workers. legislation which should be frankly recognized labor laws or higher standards of legislation, the in under that it may be avoided, This in the pos- compact is used to remove differentials in exis- recent meeting of the Conference on sibility that the proposed plan may be regarded T interdate action from the angle of the econo- ing labor laws and to deal with those special Interstate Labor Compacts at Spring mist. The effort of the compact is toward the as a substitute for state labor laws. There is also problems peculiar to two or more states which Lake, New Jersey, on June 28 and 29, was maintenance of a reasonable standard of labor the ponibility that the chance of securing a com- no one state is competent to settle by itself, and marked by keen discussion and substancial prog- in a competitive market. pact agreement may be urged as an excuse for which are also outside the sphere of federal reve Forty-six delegates registered from nix- "This of course does not mean that competi- opposing or delaying needed legislation within action-there may be less possibility of conflict teen states, a larger group, representing more tion is to be eliminated nor specific regulation the states. with either state or national legislation. SHC than has ever gathered in the history of imposed, If it were a choice between unfettered the labor compact movement. It was especially competition with all of its faults and detailed interesting to observe that the unference was regulation by government, I, for one, would be extending its field of interest to the south and for competition. The proposal is merely to fix to the West, Representative S. Pierre Robineau a level, a plane below which conditions of labor AN IMPORTANT SUGGESTION of Florida and Attorney General Paul Prosser shall not be allowed to fall as the result of com- of Colorado were welcomed with especial en- petitive pressure, The compact is suggested Excerpt from an article by Senator Henry Parkman, Jr. in "Industry," thusiasm. as a device which will enable a group of states the publication of the Associated Industries of Massachusetts. Judge Joseph G. Wolber, acting chairman of constituting a fairly well defined competitive the host New Jersey Commission on Interstate producing area to formilate a common policy I IV this difficult situation, a most welcome sug. In the exercise of its police power and acting for Cooperation, presided in the absence of Chair- for dealing with such common problems as gestion is that the federal power might be the preservation of the social standards of its man Richard Hartshorne. He was ably aided wages and hours" exercised, within the field so strictly re- citizens, a state could pass legislation prohibit- by Senator Henry Parkman, It, permanent Miss Johnson, in speaking of the compact OD served for it by the Supreme Court decision, to ing the sale of goods within its borders produced chairman of the Conference. Governor Harold minimum wages, already ratified and in effect support the states in the maintenance of mini- under conditions in another competing indus- G. Hotfman spoke on both days and welcomed in two states, clarified the position of the com- mum labor standards. In the days before na- trial state which did not come op to the level (CI the delegates to New Jersey's "Little White pact and the interstate commission which it tional prohibition the dry states passed strict by such state or group DE states as desirable for House," the Governor's nummer cottage at Sea establishes. legislation against the sale of intoxicants within its citizens. Girt. "It should be noted that the present compact their borders. This alone, however, was not does not establish new standards but rather at- enough to prevent the importation of liquor Protecting standards Highlights of speeches tempts to bring a larger number of states into from the wet states, and the itates themselves Federal legislation denying the privilege of Opening specches were delivered by Senator agreement on standards that have already been were limited constitutionally in their power lo interstate transportation to such goods would Parkman, Professor George E. Bigge, Chairman made effective in certain of the dates. The prevent such importation. To help solve the secm to be constitutional under the decisions of the Rhode island Commission on Interstate powers of the Commission are confined to in- difficulties, the federal government enacted the affirming the constitutionality of the Webb Labor Compacts, Miss Ethel Johnson of the vestigations, recommendations, and publication so-called Webb-Kenyon Act which denied the Kenyon Act, and at the same time would be New Hampshire Labor Compact Commission, of its findings." privilege of interstate commerce to liquor trans- extremely effective not only in giving protection and Commissioner Joseph M. Tone of Connec- ported from a Wet Mate into a dry one for pur- to the labor standards set by compact in a group time All were address to the point of what Child labor pare of sale. This coöperation of the federal and of states, but also in pointing out to other states interstate cooperation could achieve in the field Commissioner Time elaborated the details of state governments proved an effective protec- the advantages of bringing their standards into or labor regulation. On page 152 appears an in- the proposed child labor compact which "for- tion to dry states. conformity with those in effect in the compust leveling excerpe from a recent article by Senator bids employment of children under 16 years of ing states. The denial of a market to goods prir Adequate legislation Parkman which give his theory of federal help age in manufacturing and certain other speci- duced under "Sweat Shop" conditions would be la intervate action by an industrial equivalent fied employments; minors under 18 in haz- The same principle could well be adapted for 2 compelling argument with any state towards of the Webb-Kenyon Act. ardous employments; minori under 18 in manu- the maintenance of adequate social legislation the removal of the impodiments which kept le Professor Higge, in commenting on the hours standards within a group of compacting states. facturing and other specified employments be- products from the market, of labor compact, explained the possibilities of twom 10 P.M. and 6 A.M.; minors under 18 for Regraded Unclassified 154 STATE GOVERNMENT STATE GOVERNMENT 155 more than eight hours per day, forty hours per Tax Commissioner: Joseph C. Paul, Chairman, werk and six days per week. Minors under 18 New Jersey House Committee on Intervate Ca- EXTRA INNINGS HAROLD M. GROVES must have work certificates." operation; John Roach, New Jersey Deputy The regular schedule in the Legislators' League Member of the Board of Managers of the Mr. Tone noted that in addition to the future Commissioner of Labor; Joseph G. Wolher, is rapidly drawing to 4 close. American Legislators' dissociation value of the compacts 25 working instruments Judge of the Circuit Court, New Jersey, and of government, "the educational value of these Chairman, New Jersey Commission on Inter. HE legislators of Massachusetts and Wis- compact conferences is worth many times what conan are still taking their regular turns M ADISON, Wisconsin is blessed with the state Cooperation; E. B. Patton, Director, Divi- T state university on one hill, the state the meetings have already cost or will cost the sion of Statistics and Information, Department at hat, having been in session since early capitol on another. That proximity is governments of the itates in the future" of Labor, New York. Imuary. STATE GOVERNMENT'S Massachusetts more than casually geographic. Much of Wie Frederick L. Zummerman, Member, New agent prophesies that a series of homeruns will consin's eminence in Group meetings York Assembly; A. L. Fletcher, North Carolina probably soon end the struggle for the Bay state legislative affairs After the introductory speeches the con- Staters. is chargeable to a close, Commissioner of Labor; Edgar W. Brill, Chief, ference was divided into sections on child labor, Factory and Building Inspection, Department Alabama, whose Constitution calls for only cordial, university-cap- minimum wages, hours of labor, and permanent of Industrial Relations, Ohio; Keith Lawrence, OBC set-to every four years, needs more than the tool relationship, and organization. Considerable discussion preceded Member, Ohio Senate Committee on Internate ordinary amount of "warm-up" to work not many of Wisconsin's Cooperation; John G. Lowery, Member, Obio kinks and to devise a system. Convening first most famed citizens adoption of the reports of these sections by the general conference. It was recommended that on January 8, opening day was scheduled for have scaled both Senate Committee on Internate Coóperation: ratification of the minimum wage and child J. Freer Bittinger, Speaker, Ohio House of Rep- April 30, Falling imo a slump, the legislators ad- licights, along the pro- resentatives; Elizabeth S. Johnson, Research journed on July 10, to reassemble about July 30. gressive paths made labor compacts be urged on the various states Idaho and Louisiana have already indulged famous by the LaFol- and that the hours of labor compact be reserved Assistant, Department of Labor and Industry, for further consideration. Plans for establishing in short, pott-season exhibitions, and Tennessee lettes. Pennsylvania; Dr. J. E, Schechle, Secretary of a permanent organization were discussed and has been enjoying a special session since July 15, Along these routes Welfare, Pennsylvania; George E. Bigge, Pro- Changes in the legislative line-up follow: went Harold M. approved. fessor of Economics, Brown University, Rhode Harold if Grows Groves, first to the uni- Delegates attending the conference included: Island; Thomas P. McHugh, Member Rhode Now meeting versity, where lie interlarded Phi Beta Kappa Paul P. Prosser, Attorney General, Colorado; Island House of Representatives: L. Metcalfe Royal Meeker, Deputy Commissioner of Labor, Walling, Rhode Island Director of Labor: F. Regular Servions: Convened: Will probably adjourn: scholarliness with teaching. Topping off his Connecticut: Joseph M. Tone, Commissioner of Massachusetts G. Austin, Retired Member, Vermont Interstate January 2 July 30 Ph.D. degree, in 1927, with a year in the law Labor, Connecticut: H. P. Young, Director, Wisconsin January 9 school at Harvard, he returned to the university Labor Compact Commission: C. H. Day. Mem- State Employment Service, Delaware Special Section: at Madison and a professorship in the depart- her, Vermont Interstate Labor Compact Com- Tennessee 5. Pierre Robineau, Member, Florida House July 15 ment of economics. Thus, unqualifiedly and mission; Arthur W. Peach, Chairman, Vermont unreservedly, call he be labeled, "Harold M. of Representatives; Dr. Peter Swanish, Chief, Interstate Labor Compact Commission; Tay Recent journments Groves, Brain Truster," a serious indictment in Division of Statistics and Research, Department lor Frye, Assistant to Industrial Commision, of Labor, Illinois; Thomas Dorgan, Member, Wisconsin; Voyta Wrabetz, Chairman, Indus- Regular Sessions: Adjaurned: Convened: this year of grace, 1935, Massachusetts House of Representatives; Ed- Alabama trial Commission, Wisconsin. July to April 30* Into public service ward J. Kelly, Member, Massachusetts House of Special Sermani: klabe Representatives: James P. Meehan, Member, Federal participants July 10 July 8 Dropping his guard a second time, in 1930, Louisiana Massachusetts Senate; Henry Parkman, Jr, Beatrice McConnell, Director, Industrial Di July is July 4 Dr. Groves became a member of the General Assembly of Wisconsin, exposing himself to Chairman, Massachusetts Commission on Labor vision, Children's Bureau, United States De- *Rease-will probably reconvene July 30, such allegedly humorous barbs as are directed Compacts partment of Labor, Washington, D. C. at all legislators by those errant knights of the Mary E Cruzen, Director of Employment, A. Louise Murphy, Industrial Economist. Missouri; Robert P. Bingham, Chairman, New United States Department of Labor, Washing IN THE COOL NORTH pen-columnistr and cartoonists-who are faced with the necessity of filling their daily space for Hampshire Interstate Labor Compact Commis- loo, D. C., M, E. Pidgeon, Director of Research, The National Association of Secretaries of their daily bread. sion: W. Ellis Commissioner, Department of Women's Rureau, United States Department of State is holding its eighteenth annual gathering Member of the State Tax Commission in Institutions and Agencies, New leney; S. Rus- Labor, Washington, D. C.; Louise Stirt, Indu- in St. Paul, July 29th to August L Hon. Enoch 1932-33, and elected state senator in the fall of ling Leap, Member, New Jersey Senate Com- trial Economist, Women's Bureau, United Scales D, Fuller of New Hampshire, a member of the 1934, Dr. Groves, although quiet, modest, and mittee on Interstate Cooperation: Stephen 1. Department of Labor, Wa-hington, D. C.: and Council of State Governments Board, is Presi- certainly no rabid radiol, continues to lempt Livenz, Counsel, New Jersey Department of V. A. Zimmer, Director, Division of Lahr dens of the Association, and Hon. Mike Holm those who live by their lines abour mm in the Labor; 1. H. Thayer Martin, New Terrey State Standards, Washington, D. C. of Minnesota is bost to the convention. public eye. Regraded Unclassified 156 BEYOND OUR BORDERS MINNEAPOLIS TRIBUNE Incidental illustrations of the technique of government from far and near. A recent editorial discusses the Tax Revision Conncil. Penal ties discussion. The question arose over the power THE socio-recrestional side of American of the Driminion Government to ratify collies que problem of taxsboo, not unlike the T have now joined the federal government in T prison life has ofres been lamponned. tions which might affect the legislative rights tariff, is something of a local issue. Yet in levying a tax upon incomes and there is eyes The alma mater-Dannemors, Joliet, or of the provinces. Over the loud lamentatires the same sense that the tariff raises more talk of city income taxes in some sections of the Sing Sing-is pictured as a cozy country club, and protests of those who favored preference the than a local problem, so are the problems which country. An increasing number of states are which our pampered public enemier are leathe the provinces in legislative matters, the conven- curround taxes and their collection more than also making use of the sales tax and the variante to leave, to which they eagerly return. tions were ratified. local It is because of the many-sided character in rates and exemptions adda another confusing Italy proposes to strengthen such school spirit With the participation of the United States of the tax question that a commission such as element to our badly organized system of tax- on a legitimately sound basis. Special welfare the International Labor Office, similar question the une just appointed by the Council of State ation. councils are being attached to creminal courts to may arise in this country to add another subject Governments can prove useful. That something approaching uniformity aid in the return of convicts to a normal indus- to conversations on federal-state relationships should be brought to this system, and that the Cooperative council trial life. By remaining in the welfare head- overlapping of levies be reduced in number, quarters after the completion of their terms, Wage differentials This commission is to be made up of eight would be highly desirable, Yet under DATE pres- former prisoners may get vocational training A knotty problem, DOL yet satisfactorily silvet representatives of the federal government, a like ept form of government these reforms can be and guidance. in this country, has arisen in attempting to # number representing the state governments and realized but slowly and that only through the Assistance is also given to the families of con- wage rates for the unemployed who are engaged. another eight, the city and county governments. intelligent cooperation of federal, state, and viets both during their terms and during their This commission, which is to act as 4 Tax Re- in work relief projects. There are many pour local governments. vision Council, will seek to eliminate tax con- apprenticeships. To complete the rehabilita- bilities: the single standard, uniform wages; the tion, employment is found for these individuals double standard, north-south or urban-card fin through coôperation and allempt to de- Another phase as they leave prison or training headquarters. Other schemes are suggested, both in comection termine those lunctions which are best per- Any organization that will act to make that So might the Fascist felon easily become senti- with public works and with the approaching formed by the federal government and those cooperation effectively possible in rendering an mentally attached to his particular prison, after which would be handled to the best advantage important service. Yet the fact remains that the social security program. by the states and their subdivisions. One of the graduation. New Zealand has devised a four-way wag lack of uniformity in our taxing system is only differential for those on work relief, in the fol first problems which is being undertaken by the one phase of the problem. We are not only Bogus bonus lowing regressive order: (1) in the four biges Contacil is to determine which governments are suffering because too many agencies are trying To employers who hire workers registered in urban centers; (2) in secondary cities; (3) e able a collect particular taxes most effectively. to collect the sume kind of taxes, but also be the public employment office, France pays a This phase of the problem of taxation is un- cause the taxes being levied are tou high. Sin- smaller towns; and (4) in rural areas. bomas. Assiduously safe-guarded, the subsidy quesdomably OBE of growing importance. Fod- plifying the method of tax collection by is not paid unless the total number of employees. Reich righteousness onl, state, and local governments are now centralizing it would not necessarily make the collecting taxes EML the same items and each acts exceeds the average number employed by the That life begins at forty is a philosophy not taxes any easier to pay. While it is highly de- individual or corporation in the same quarter of alone expressed on the silver screen and between accounting to its OWD rules; levying taxes at sirable that reforms directed toward simplifying the preceding year and in the preceding quarter the covers of a novel, An order of the President varying nin A tax on the sale of gasoline is the tasing system be carried our, it should not of the sime year. Nor can the mimber of regu- of the Federal Institution for Employment B collected DUE only by the federal government be forgotten that this is only one aspect of a las workers be smaller than the number for changes and Unemployment Insurance to Ge and by all the states but also by some local comples problem. whom the bonus is paid To the republic, the many contained the following instructions: (1) commonities, The confusion, the difficulties of Cooperation, in every aspect of government bonus is spurious-since is may not sacced the new vacancies are to be filled by employees foro enforcement, and the premium being placed DO as functionally distributed between federal, allowance which would have been paid if the years of age or older, preference to be given BI attempts at evasion resulting from this multiple state, and local units, would result in distinct system are obvious. employee bad continued to require assistance, those more advanced in age, and to those with advantages and might easily bring about low- families; (2) employees under 25 are to be A Very similar experience is being repeated in ered 12% levies with no decrease in services per- Dominion over provinces gradually replaced by males over forty, prefe- the Care of the income fax. Must of the rates formed. A resent debate of the Canadian Parliament ably married; (3) the Reich ands ready to of nver ratification of several International Labor courage employment of such persons through Conference conventions, turned into a spirited subsidies. House Councils of the American Legislators' Association Alabama *Georgia Maine Nebraska Ohio Texas Mirst M. Tenned On Bay V Harrité, Ce. William , Invest. W " CA. Fiser Ch. Marian " Allse Net Fux Martine 1. Custome Myrou B. Octerning D. Calima per Luist M. Payment Juha Clark Signature Diesn II. Dritel krita Employer Louise Flaming Lester Unite Frank H. Time a Cavide Coup C. Thrompers Nel 4. McDonald Jum 3. Giffert - Tatlem Charge Modiess Arizona "Idaho Maryland Nevada Oklahoma Utah Time D. Smith n. nober Markers Bosk, 4b Lein Philips, Ch. Watter Onces IL Curthe Williams 11. Labre Note Mirim Manua Mining C Robina Comp K. les Chamiers William i tisd F Barls Carrelf, In. Main Newing N. Komi Marker Community Since . Vivense - Papp Winsion Easue Warmid - G. *Arkense Illinois Massachusetts New Hampshire *Oregon Vermont The Christian No Here. Amril N. Ch. Homes D. Anaril Oh. Teleg Hereby Fredor's W Minit Registrative Allan M. Within KL Currer R. F. Bestle The Code Handd II. Hort 15.1 F. Harch Muriner R. Phone - Nom Action Goods W Roasell House Hamilier G. Barber " V. Lest Jamia N. Transit Viede Kmin Ent If für United P. McDeem Les Conselle California Indiana Michigan *New Jersey *Pennavlvania Virginia Club CA 5 Jumple C. Paul. C% Willim O. Ashima Donel Flax --- your - Limit L. Schronist A Credito fürnen n Revenue Vermo their Amis Flank W March John o. Rhades, - you Only il Bower) 1 M Date Timbers When Mombin M Times Idea CA Scood Eliment Terned IL Plants A. - Sughess "Colorado Town Minnesota New Mexico Rhode Island "Washington Mome Michael Course w OL And N. White 14. James 11. Kinnan CS. Planne Mytra, Ch. - Willia Ford Masch Hard Paint Frank E. Bellow Me Serves ----- Greams D Willigia D Redite Juin g. Joins M/ Own n. Marrani Charles Brown a Liquida Vie Skinset Imp - 1. T.I. McNol Inhin H. Scanneria Bodert P. Waldram Connection Kansas 0 Mississippi *New York South Carolina "West Virginia Mari, e 2 J Chinde A. Tarlor, Ch. Jueti Water Clr. Frederick John a Due Harry W. Flaire date A Perman Noville Benneit L. Gebit - Balt The Dear La Beiley Terms " Calliam Thomas la A Date Autos Harm n. Wall Horent's Harmit C. Oursing Jamph Meg. Moorer Game P. Parrid - - W. be From Samuel V dedersion P. If. Netsun Fisi Tronsger Delaware Kentucky Missouri North Carolina South Dakota Wisconsin Minim - C& Righ W. Cultury 18 for Hundle, Or Robert Grade Ch. W , Expert, Ch. Paul H. Allower, the Loves firtly Pysema Maine Thereas O'Bectry Dasino H Clark May Name I Tyles Musterd o K. Lauie Painter Milma T. Mailer Host Classic Molley " 7. M. Karminsara Albem Paid From - - W. IL theme Last T- Bowie J Address è Corporate T. Years *Florida Louisiana Montana North Dakota Tennessee *Wyoming E I for , Ch. W P. Ch L. Twichell, Ch: Water M. Härnes, Uh. Heary D Waternal Name Alleno Krawn binar Mour H, emerge Hereing F Krunger - Fraud -- Herbert I. Date Thomas 15. In L. Kewil Areatment - u Manua Number information McDraith N it, Patton Paul Fries I I Gener M. insure H. 0. Redub Consingham Artbur 1. Checked kitey II. Willers Senate Councils of The American Legislators' Association Alahama Georgia Maine Nebraska *Ohio Texas Hardy Lic Inter can Harnld Works, a Checks n New Keich Lawrence, Ch. in G. Classi William M Lister Carrent Discressive Juhn G. Lawers Will M. Visita - Presium Vantier Shive Gilleim Fronk E. Whittermine I - - Bay Ferasti E Products IL Donovan Coul Visant Justity A. Charles 1. Wereft William H. Herein Car Customer *Arluma Maleo Maryland Nevada Oklahoma Utah Crime is CO Alles - Limiteve C. Brankin, (b) last Brigox, Ch. Restrict a. Max Banin thus - Tame Barker Mame Vensey A Marab David M Inline M. 1 M. - juice LA I/we Inho A. MacDenal Ward Ilslinit - AL. Montgard A. - Jark Maxia L. Firm Part Past Summer William Crife, IL Evisions Lomie A. Fiecht to A Albortnas Illinois Massachusetts New Hampshire Oregon Vermont this Mileno - V. no Mail 1. United University L Carbett, Ch. filing Witen Carded - Dati Charles M state, Ch fronge W Tiana basine to livelty Chillined jumely H Carlon Asseria United West W If Straper William if Wille Magroe - e- Mother N. Vaniore Name Masso Flain A. Homany Mice Thrmas Marlin Image 5. - Davos De Walser 5. Fisher Allied H. California A Caries "Indiana Michigan "Pennaylvania Virginia MA Di Write o will Visa Ch. *New Jersey Cheque Walson George Wondward. Ch. John A Leant, a / P Name Walter Troval E. Carlle White G, Willner Clarence Horkmen Moher Name = ! i Flood Carents P State Frank Harris Miler 11. Missure Balph 6. Twing Therease Les A Ournam Tulen F. Bathour Herman E. Bancier INTURY n. Apperal Boding Leap George A. Kipp Hill Mantage *Colorade Towa Minnesota from IL Tuvian Rhode Island Washington Mar Tallen On M. - Club Denta V. Ch. I - W. New Mesico William G. True, OR 8 1 , Milico Affreit (a) Challes Wallet Monahl yore - - & Wight Fiel E. Ch- T. Bedwell Inho - Carrits e. Bradge IL information (Mrs 11. - Francis J. Kirrnam E. - Date Miss Juive N. Vehicles 1. Webs A. Jampa Thomas EL Mears Gener 5. Huran E Smith Connecticut Kansas Mississippi In 1.0. Theatou *South Carolina West Virginia julio Dh. - Wash Windred Name Ch. William a Belowing "New York Kishard M. Ch. Charles E- Halph Crewn it More Bradime In H. visio Edgir A. Brown Aller) G. Matibew - Unitin E. Harmal Bellow W Kinspe William T. Brim John F. Williams A. L Helmit Theore A Miner A. Service Walter Juma 5 More Walting X Tarker Strum Hormund Lines R. lam Bade 5. Waran X. Sime James Paull Delaware Kenrucky Missouri North Carolina South Dakota Less Mahame a Em 1. M Rom, Ch Income M Justice, Cls. - M - Port NK. Consums Paul D. Grady, CB. Millan Malton, Ch. Wisconsin Harry " - Income die Claims 0 know Marrina Newman Alien M. M. Marshall Ivha Hill Frank K. W. PARE DE If a PM M. Omailly Juhn A, Haland W L. 30. Bir a Mass Carroil W Weathers W. 1. Chause Jawes 5. Billing Sherman Hairy W Costor Dr. 1. T Burrus Rus B. Nature Massion Florida Louisiana Montana North Dakota Tennessee William C Ch. Trank Tylerman, Ch. Γ. Naton, Ch, Pail Change Arthur W. Fowler, Ch. Andres J. Grares, CA. *Wyoming Edward L. Comp. Partish Robert Pastine Trumas G. Fords J.P. Cale Jumply In W A. W Cantra Schwart# W. IL Charch G. Drew Sinart Giths Senier Flair Bolt Leighton Revell W. Walter W, Bow Calvin K. schwing Earigate Heary Their Louis M. Elains W. Fine Flescher Morgan w, E. C, C. Delieff "An official Standing Committee, established by legislative action. Regraded Unclassified STATE GOVERNMENT PERFECT OF ***** UNION = 00110 The COUNCIL DI STATE GOVERNMENT JULY, 1935. THE TAX REVISION COUNCIL. INTERSTATE LABOR COMPACTS. Regraded Unclassified THE AMERICAN LEGISLATORS' ASSOCIATION Administrative Offices: Drexel Avenue and 5-thsh Street, Charge, Ulinois. GOVERNORS Legislation Is-or should be-a profession, and the American Legislators' Association is the professional of the 7500 me legislatives. It is studying the means for securing lietter qualified legislatives, for improving the They News notes about the doings of state executives. broaden ENCE w through sease reference hormaus and through the foreritate and procedure all legislators of the legislarures, the developing worthy professional standards, and for honer Conference: The month of June brought an important gathering of governors The an- Returns the perspective of legislators by pase conferences, regional conferences, mial Governors' Conference, held this year at Biloxi, Mississippi, June H, 14. and 15, gi. tracted more than rwenty of the chief executives of the Abily planned by Ham, BOARD OF MANAGERS Cary A. Hardee, former Governor of Florida and Secretary of the Conference vince 195, First Fair Servid de meeting was interesting and instructive WILLIAM n. BELESAP GEORGE WOODWARD UNNAY PARKMAN, JR. Draw - Straine State lines likey Departing from a procedent of the Governors' Conference, resolutions were introduced Francimento Name: for (AMIES I CHANNOCK HARGLO M. GROVES Chinge - at this meeting. Governor Ehringhaus drew up a measure commending the course of THOMAS V. - Smillit RETINCE Smiller President Rousevelt and tendering him the coriperation of the governors It was adopted Chest Para Chinges 100ml - TAMYS j. WADSWORTH X THERE without a dissenting vote, at the concluding session. A resilution protesting against the MEN to UNEAL Expression Service o vous No Find Falls, Trans June transfer of the administration of work-relief funds from date authorities m folcal agrini Krass cies was introduced by Governor Fitzgetald of Michigan, hur was rabled by a vide of thirreen to three Governors Talmadge and Nice launched all assult on the NRA but were outnumberal by Governors MeNurt, Sholtz, Graves, and Juhnstin who defended the policies of the fod- THE COUNCIL OF STATE GOVERNMENTS etal government and the fundamental principles of the National Resinery Act, recom- Administrative Offices Dressi Avenue and sinth Street, Chicago, Illinois. mending that these principles be retained by state action through interstate compacts. The Council of Sure Givernments in primarily concerned with those governmental apheres over which de Through suspension of the rule which prohibits all except members from addressing Nates provideral lo ima DO jurisdiction. It anks no develop bener and more active indperation brewer - the Conference, Miss Ethel M. Johnson, Sectetary of the New Hampshire Commission on surernments better adjustment wish the federal government-aud with IOWS and cir) governments. the various regidos of the United States, and also between die 46 states as a whole. If also nevks 10 brive Intersente Labor Compatis, addressed the executives, Miss Johnson outlined the 1)ar of compacts in American history, and averied that a mure extentive adaptation of fine compact device is the safest, shortest jouie out of the dilemma rewlting (com the decision OFFICERS of the Supreme Court in the Schechter case, Provided Governor McNut of Indiana was reclectal chairman of the executive committee of HON, joun a WINANT The Firma of New the conference, with Governors Horner, Landon, Sholtz, and Nice completing (he menti- A. MILLERS look, WILLIAM II. BELKNAP Pur Problems I bership of the committee. It was announced that no convention city will he selected for of - LION MARK GRAVES DMV. HENET Inmire Product Nrs Cord the nest meeting until it is known where the national commating conventions of PM Sale To - will be licht. Hudgets and Billfolds: An unusual situation occured in California during the last VE PLANNING BOARD inn when, for several days, Governor Merriam refusel to sign the itate budget nail -idequate lak laws WERE passed. Under the California law. other appropriation bills canitet la Addition a the Officers JAIN ENNERY L AVERILL be adopted until the büdget has become law. Meantime, the period for payment of sila- Providen), Verimal of MAN x BEVERLEY HERBERT Commat Femar el Fresh ITON. SEADITILY C. MAFTICK JUDGE neth - Nrw Tel Commission for National - fies to legislators expired, and the temperature began to climb in Sucramento Bodgen BDN, M SENNETT CONNER Cardies Legalatore Kender of (If Tax Cass A - - of i 1 and billfolds were suon repleneatied. IMM HAROLD G. HOFFMAN NON. M 1. DESMOND of New Tmey HOW PART V. MENUTT BOX your il POLLCE From Name 4 Family Comunit - Crime: Governor Curley of Massachuselts has agned 3 bill making if possible (or ai NON. HENKY DORNER General of Indian - Companity - Driver's - e Illians and General Conformer mer THOMAS - judge to sentence to life imprisonment a person convicied of the illegal possession of a MON. JOHN E B. HITN. ALF. M. JAKISON Memia machine gun. Game of Nine Califies Green el Same DON C. IL MORRYSENTI Tax Commissioner of Virginia pos possible 6 will NON HENRY F. LOHO Mymber of Nm - Governor Fitzgerald of Michigan affixed las signature to several anti-crime bills painel nov. ENOCO FULLER Problem Natured of Tax Commission of WORK by the Michigan legislature. It is DOW mandatory that all inmates of date supported in- - and Printed National TM nos BENRY PARKMAN. jx. HAVE Memigo of Service Member of - stuurions in Michigan be finger-printed. Persons convicied of sex chmes are subject to numediate examination by psychiatrias and physicians before commitment to any inte Consultant Nambers A general enabling act for the negation of interstate purole agreements was LOIIS BROWNLOW PRUE DATE e CHAMBERLAIN TOK. HARDLD W, DODDS SCOTT M. LOPTIN IXM. LEONARD 0 - adopted. PROP. FRANCIS W. COEER DIL LUTHER GULICK DR. ARNOLD BENNETT HALL GEENGE FORT MILTON COLONEL jomx H. DILLE SHERWEN DR. E. WETTE Regraded Unclassified JULT, 1985 VOL. NO. 7 STATE GOVERNMENT 35 CENTS A CURRENT COPY 12.50 A YEAR TAX TRINITY The Tax Revision Council is a joint effort of federal, state, and local governments to develop means for simplifying and harmonizing American tax systems. 0 XI of die most important developments A group of equally weighty tax authorities in the American science of government has been designated by the Interstate Com- occurred when the Tax Revision Coun- mission on Conflicting Taxation to speak for al held (E) first meeting in Washington, June the interests of the MICL The lot includes (-8 Reprosentatives of the federal government, Hon. William B. Belknap of Kentucky, Presi- of the Rate governments, and of the local gov- dent of the American Legislators" Association; an together to work our an into- Sehator Seabury C. Mastick, Chairman of the graind tax program for America's one federal, New York State Commission fur Revision of forty-eight state, and 175.000 local units. For the Tax Laws, Hon. Henry F. Long, Commis- the first time in our history the three levels of sinner of Corporations and Tration in Massa- pwernment initiated a serious attempt to work chusetts; Hon. Mark Graves, President of the their (voblems through joint endeavor. New York State Tax Commission: Senatur WAYS AND MEANS Foderal members of this significant new or- George Woodward, Chairman of the Pennsyl- Galhered around a Long table in the room ordinarily reserved for the Congres Gonal are drawn from the major surrizes vania Senate Committee on Interstate Coopera- Committee which is faced with the thembless task of tailoring a revenue program to for broad- foleral tax policy-the Treasury Department, tion: Hon. Henry W. Tall of Colorado, Execu- and congressional committees 00 finance. la tive Director of the Council of State Govern- shouldered expenditures, members of the Tax Revision Council met in Washington on June addition In Secretary Morgenthau, they include ments: Hon. C. H. Morrissett, State Tax Com- 6 and 7. Him Herman Oliphant, General Counsel of missioner of Virginia; and Hon. George F. Their problem was not here no Take money but has to reconcile the methods of ins. the Treasury, and Hon. George C. Haas, Direc- Yantis, former Speaker and now a Member of tion NOS used by the three levels of government. The proposed line of attack is discussed für of Research and Statistics of the Treasury. the Washington House of Representatives. Service Par Harrison, Chairman of the Senate in the article which begins ON the opposite page. Local government is represented by nominees Finance Committee, Hon. Robert L. Doughton, from various national associations of local offi- Sitting of the for end of the table is Secretary of the Treasury Morgenthan, and to his Uniman of the House Committee on Ways cials. The American Municipal Association- left is Senator Mastick of New York. Proceeding in that general direction-to the left, # el Means, Segator William H. King, Chair- an organization of the state leagues of munici- Hearst heresy-we meet, in the order of their appearance. Mesors. McCarren, Hasts, Tull, man of the Senate Subcommittee on Conflicting palities--is represental in the Council by Mayor Texastion, Hon, Fral M. Vinson, Chairman of Daniel W. Hoon of Milwaukee. The United Vinion, Parker, Boyington, Warkenton, Yantis, Moffett. Gallagher, Marin, Gaston, Wood the House Subcommittee on Conflicting Taxa- States Conference of Mayors (cities over 50, word. Graves, Belknep, Movrissett, Long, Mrs. Klatz, private secretary to Mr. Morgenthan. wa, md Hon. Lovell H. Parker, Chief of Staff (X)) has appointed Controller Leonand 5. Leavy Mr. Oliphant, and the steuotypist. of the Joint Committee on Internal Revenue of San Francisco. The International City Mana- Treation, comprise the congressional contingent. geri' Association has selected City Manager 143 Regraded Unclassified 144 STATE GOVERNMENT STATE GOVERNMENT 145 C, A. Dykstra of Cincinnati as its representa- live, President Rouneth 1. McCarren of the House Committee on Ways and Meani which appeared early in 1933. Representative Frat M Washington. The crediting device, employed beverage, unless needal for regulatory purposes. Detroit Board of is to represent the views of the National Association of Tat As- Vinson of Kentucky is the chairman of the athe field of death taxation under the Federal After careful consideration of a number of subcommittee, and Mr. Lovell H. Parker M Revenue Art of 1926, has been recognized as a factors the Commission decided to make no sening Officers, while City Auditor Charles 1. Chief of Staff. The report is a valuable Factual exclul procedure, and the Commission has sym- recommendation DD the question of instituting Foc of Boston as to be a participant through appointment by the Municipal Finance Offi- summary of federal and state taxabine, Al pathercally exammed proposals for federal col- a federally-administered, state-shared sales tax though it does not offer suggesions or recom- loctions and zure sharing of other las revenues. Attention was also given to the possibility of cers' Association. mendations, it is of great importance the Rine A brief review of the findings of the Inter- willizing the crediting device in the field of in- Less organized, but effort to view the national tax system as a com scile Communion on Conflicting Taxation will come exation. A creil- too less ably represent- plete picture. The listing of the different NON serve to diestrate the Type of considerations with iting plan was pro- of, is rural local gov- taxes and the information about tax reimue which the Tax Revision Council must deal. posed, which would effiment which is as- have made this report a torchouse of know). After careful andy. the Commission definitely involve a minimum of sured of consideration edge for students of conflicting Mr. accept the view that come degroe of separa- federal interference. by the membership on Parker's suff has also issued several other una of surces of federal and state revenues is This plan would make the Council of Hon. reports including the recent Summary of the demable It is expensive to provide duplicate all distinctly personal Guy Boyington, British Tax System and Income Tax in Camada federal and state gasoline and tobacco tax ad- state and local have County Judge of Clar- ministrative machinery. The Commission also eligible for the federal sop County and Mem- Interstate comminion magaizal that state and local governments ex- credit and would not ber of the State Plan- Readers of STATE GOVERNMENT are already persones a verise of financial responsibility if include uniformity TC- ning Board of Oregon: quainted with the careful work of the law. they levy and administer their own taxes, which quirements. The Com- Serbury C. Mustich County Clerk and As state Commission an Conflicting Taxation, and feeling of responsibility is lacking if another mission recognized seisor J. K. Warkentin of the First and Second Interstate Assemblies und of government collects taxes for them to that such a device of Marion County. Kansas: and District Attor- liency IF, Toll which sponsored the work of the Commisite spend. Finally, the Commission realized that would result in a mini- ney Otis Miller of Anson, Texas, former Presi- dent of the County Judges' Association of Texas. In the twenty-eight months since its organiza administration of numerous taxes by the federal mum of relief from existing income tax con Occasional conferences of officials from the tion, in February, 1933, the Comminion has, promer would, ultimately, result in an un- flicts; but it nevertheless believed the experi- by dint of thorough staff investigations and desirable increase in restrictions on the ltates. ment worth consideration. three different levels of government have met before, but never for The purpose of launching seven meetings of sue Largely DE these grounds, the Commission The removal of tax exemptions to one of the tained, sought specific points most fundamental proposals for alleviation of a surrained, broadside attack on a national prob- heated, discussions, ar- at which separation tax conflicts. The Commission has offered por lem. The take of the Tas Revision Council are based on extensive preparatory work by the rived at a penetrating of sources of revenue definite recommendation on the subject, but, al Treasury Department of the federal govern- and reasonable pro- might be operative. the time the Commission's report was submitted gram for dealing with After conferring with to the Second Interstate Assembly, two pro- ment, by the Congressional foint Committee on many of the burdens laxation leaders in posals for modification of reciprocal federal- Internal Revenue Taxation, and by the Inter- of conflicting taxation. Congress, studying state exemptions were offered from the Bour state Commission on Conflicting Taxation, Every member of staff reports, and care- and adopted. The first recommendation sought Treasury study the Commission is fully deliberating prox the removal of exemptions of government MD either a legislator who and cons, the Corumis- curities and salaries of government officials; the The Treasury, ar the reques of President Roosevelt, las undertaken a broad study of the is actively concerned iion unanimously pro- second proposed that the federal government with tax affairs, or a posed: (1) that the authorize the taxation of private property on problems of conflicting taxation. This study will be greatly anded by the wealth of material litate tax official. The federal government federal reservations. Ammeth 1. McCarrey in the Treasury biles and by the studies made results show that the Mark Groups should abandon gaso- The work of the Commission has been hands- last year by the Treasury stall under the direc- Commission has attacked the problem in a line taxation: (2) that capped from the beginning by A lack of statis- tion of Dr. Jacob Viner. broad and practical manner. D has room no additional tobacco tasty should be adopted tical information regarding stare and local Among the comprehensive mudics upon nized, for example, that maintenance of by the Milles for revenue purposes; (3) that finance. As a consequence of this difficulty, the and local fiscal responsibility male Congress should releave electric energy taxes for Commission recommended that the states col- which the Tax Revision Council will be able TO and local administration of certain taxes, each the relutive use of the states; and (4) that, lect more adequate financial statistics of state base its work AN the preliminary report of the though purely economic considerations would the the interal government has imposed a and local governments and that many of the Subcommittee on Conflicting Tatation of the PURREST centralisation of tas administration ETT heavy to on herr, other units of government states conduct comprehensive in vedigations of should refrain from levying heavy taxes on that their nwn date and local problems. Regraded Unclassified THEASURY DEPARTMENT 146 STATE GOVERNMENT Mashington The third long-range proposal of the Com- mision-that a Tax Revision Council be estab- furm the duties which are outlinal below: lisbed-has now been accepted. 1. Federal-State Planning Committee- The following text of on nádress by Henry Morgenthm, Step the development of a plan or plans for coint Secretary of the Treasury, before the Tax Rovidon Council At the first meeting of the Tax Revision nating federal and state tax systems; on net). In Whohington, D.C. at 10:30 A.V. Friday, June 7, In for Council, on June 6-8, the following members ols of putting such plans into effert; and (0) release upon delivery. attended: Messrs. Belknap, Boyington, Dough- inequities subject to prompt correction. Has ton, Graves, Haas, King, Long, Mastick, McCarren, Morgenthau, Morrissett, Oliphant, Mark Graves, chairman: Measts Belknap, Leary, Long, Oliphant, and Parker. I supreciate the Invitition to taken part in this discussion of the Parker, Toll, Vinson, Warkentin, Woodward, 2. State-Local Planning Committee-on the and Yantis. Assurances of complete cooperation development of a model plan for coordinating problem not conflicting and overlapping taxation. were offered from the Senate Fi- nance Committee by Senator King, state and local tax systems, includ- It in an old problem and not confined to the United Staton, but is grown ing a report on possible methoded who recalled that he had proposed cooperation between the several a tax revision council as early as are commlianted, auro difficult, and more acute with the yours. At present 1921. A similar curdial message states. Hon. C. H. Morrissen, from the House Committee on chairman: Messrs. Boyington, For, ve find it no noute in our country that it must be faced, and the fnot that Miller, Warkentin, and Wood- Ways and Means was nffered by ward. so não factor It radses the hope that we shall soun be taking important steps Representatives Doughton and 3. Federal, State, and Local Vinion. The latter urged prompt- Functions Committee-in the at to nolve It, new of attack as a vital necessity, On the morning of June 7, Sec- location of governmental Functions among federal, state, and local The depression has brought this problem into promissance by impairing retary Morgenthan presented a proposed policy, the Text of which governments. Hon. C. A. Dyk- the usual SINCERS of revenue, than extending our various governmental units to stra, chairmant Mears. Hoan, appears on pages 147-148. Messrs. Parker, Mastick, and Lung pre- Dykatra Mastick, Oliphant, and Yantis. cumoto with each other for 50% ningross and for gaster vield from the old sented statements of the triple approach to this 4. General Survey Committee- problem by the Congress, the Interstate Com- on the collection of facts and staristics in respect This cignetiti m has produced numerous unfortunate coultn. For mission on Conflicting Taxation, and the Na- to governmental tax laws, functions, revenues, and expenditures. Hon. George C Haas, chair- excuple, cortain states ivive Biocovered that their broon drove business into tional Tax Association, respectively. Other members of the Council presented various view- man: Mean. Mastick, McCarren, and Parker. points. A letter from City Manager Dykstra As advisory members of the last named LOGH withhoring states; others insve revised their tax Inwn primarily to attract pointed to the division of functions of govern- mittee there were appointed Mesurs. Morris Copeland, Stuart Rice, Mayne S. Howard, and impiness. evacton, in All Maforma, has beso increased by the fact ment as the real underlying problem and sug- lohn Willmotr. gested the possibility of constitutional revision. libert vuz maninery for tax levving oz taxes 16 att of aquilibrium. We find Secretary of the Treasury Morgenthau was Through these committees the Tax Revision elected chairman of the Council, Senator Mas- Council is to begin its work. The seriouses - state imposing taxes previously Inviod Holaly is the Federal government, tick, first vice-chairman, Mr. McCarren, second of the difficulties which it is attempting to vice-chairman, and Mr. Henry W. Toll Was smooth out cannot be too often emphasited. If, nai therefore having to not up dupliente ulministrative The named secretary. Mears: Vinson, Graves, and in what must necessarily be a slow, orderly pco- Dykstra, in addition to the officers, Were named cedure. it can assist in the transformation of our Foremal Government had alno tapped sources of revenue previously regarded as members of the esecutive committee. The cuts existing competitive tax system into a coôpera of photographs accompanying this article are tive tax system, the aims and purposes of the for the stating alone. the conflicts between local and utato governmente those of surge of the members of this committee. Council will have been amply fulfilled. in the field of tarntion are too numarous evan to be cataloguel buring the Chairman Morgenthau's picture is included with the text of his address to the Tax Revision "Every tax ought to be so contrived as bath DE take new and to keep out of the pockets of the for minutes I shall address your Twery phone of this problem brintion with Council which appears elsewhere in this issue. At the afternoon ression on Friday, June 7, people or little at possible over and above will is brings into the public previous of the unt." therry details. the following committees were selected, m per- -AMAM Sami, Fourth Canon of Taxation. Regraded Unclassified -2- The principal contribution that I should like to make to your deliberations on this subject is a definition ofthe basic problem. With the definition in mind WO are ready to divide the problem into its many parts, and take them up in detail. The basic problem, as I see it, is to be just to the tax-payer. Independent levying of taxes by all of the various taxing authorities, without due consideration for the tax structure as a whole, has often resulted in unfair and uneconomic distribution of the burden. This is unjust, and therefore, affects the very foundations of government. It touches the welfare of the citizen in his daily task of earning a living. I think the problem should be approached. with this point of view. Duplicate taxes cause waste, but that is a detail. The greater problem is to restore equilibrium in the tax structure as a whole, in order, primarily, to be fair and just. The waste is not as important as the injustice. It is entirely possible that we could attack the problem of wiste and solve it without removing injustice. If we considered the matter solely from the point of view of the efficient tax gatherer it would become a technical problem. You could summarize it as a question of how to get the most money with the least expense. Stated in those terms the problem of this democratic government would be no different from that of any ancient tyrant. He had to raise money to support his government and he triod to get as much as he could with the least possible expense. A considerable part of the oppression which charactorized tyranny was a direct result of taxation for revenue only, without regard to justice. We must remember that, to the individual citizen, taxes are taxes, and that it makes no difference to him which agency is most at fault for any injustice he suffors. The tax structure should be sound, and the responsibility for making it 30, rests upon every part of our government. When each taxing authority is guided only by its own immediate neods, and levios regardless of Regraded Unclassifier -3- the existence of identical or similar taxes imposed by other government units, the structure cannot be sound. The problem of how to be fair in levying taxes is not easy, and perfection is out of the question; but the very complexity of the question makes it necessary for us to be striving constantly toward perfection because of the neverending drift in the opposite direction. We must be caroful to guard against injustices as between geographic sections of the country, as between commodities, and industries, no less than ao between individuals. An unjust distribution of the tax burden immediately creates artificial obstacles, and thoir disturbing influence is injected into the economic life of the nation. I think it would be a great mistake, therefore, to think of our problem ns limited to the removal of such administrative conflicts as now oxist between the Federal, State, and local governments with respect to taxes. Certain types of new taxes which have been adopted as emergency measures might well be left to their administrative difficulties, in the hope that they will be discontinued. It would be a mintako, in my opinion, to accept as our main problem the task of making it easier to collect and administer all taxes. What, thon, should be our immediate approach to the problem? To may as well forego at the outset, the approach that would disregard the historical development of our political institutions, and attempt to recast our whole Government from top to bottom in such fashion that all governmental functions would be redistributed between Federal, State, and local units according to some ideal pattern. The practical objection to setting up such an ideal system of taxation, based upon a thorough rodistribution of all govornmental Tunctions, is that we would be forced to spend the rest of our lives contem- plating the impossibility of putting it into effect. To be practical, in this Regraded Unclassifier connection, we must do our utmost to correct grave abuses without attompting to receast our whole machinery. On the other hand, I don't believe that it would be wine to go to the other extreme; that is, to make a list of all of the specific types and cases of conflicts and overlapping, and attempt to take them up une by one. That type of piecemeal tinkering is very slow and rarely effective. Moreover, it is subject to the danger that each piecemeal solution, adopted without due reference to fundamental principles, might produce new inconsistencies. And a series of such piecemeal solutions could easily rosult in a badly distorted and unjust total tax structure. The best approach would be the fundamental one of considering the entire problem from the standpoint of the individual taxpayer. The first step, in my opinion, is to make a careful survey and analysis of the total tax structure of the country to determine just how the burden of our governmental expenses in now distributed. Next, I would note what practicable changes in the combined tax structure of the country would produce n. sound and more oquitable distribution of the total burden. In the third place, I would concentrate upon a few important and workable means of eliminating conflicts and overlapping in & manner consistent with our analysis of what constitutes a fundamentally desirable tax structure. Finally, having arrived at a few important possibili- ties which we know to be fundamentally sound, we can then attempt to put them into effect. Each progressive step that we succeed in achieving along this line would not be a compromise that might create now conflicts, but would cumplete part of our task. Each fundamental step completed would provide a stopping-stone to make the next part of our program easier to achieve. Regraded Unclassified Wherever the problem has been attacked in this manner real progress has rosulted. Several of the states are excellent examples but I am most familiar with what was dono in Now York State when Franklin D. Roosevelt WILS Governor. At his direction, the problem of equalizing the tax burden was studied by exports, and their reports are among the most valuable we have on this subject. In the rural arcas of Now York State, tax reforms of great social value were put into effoct, and romain as boacon-lights to direct our courso. Mr. Roosovelt's intorest in this problem has been intensified sinco he became President of the United States. At his direction the Treasury is undertaking a now study of overlapping taxes. This will supplement and carry further the excellent work on the problem of double taxation done by the staff of the Joint Committoo on Taxation of the Congress for the Ways and Means Committee in 1932. In procooding along the course I havo outlined, guided at every stop by the basic principlo offairness, wo should be careful not to assume that the revenue needs of our various governmental units are, now fixed for all time. That assumption would load us into now difficultios. Our attack upon the problem of conflicting and overlapping taxation must DO 80 basic that the solutions we arrive at are sufficiently flexible to provide for changing noods. In the case of some taxos, it is entirely possible that we shall find it dosirable to malco a rigid separation of sources between Federal, State, and local governments. In other cases, WC might find that certain taxes now levied by numorous governmental units could be bost administored by the Fodoral Govern- mont, and the proceeds sharod with the States. It is also possible that the states might handlo certain of the taxes more easily than the Fodoral Government. Regraded Unclassified -6- It would be highly desirable to center considerable attention upon the principles that should govern the allocation of such revenue. In conclusion, I strongly urge that the technical details of tax-gathering, and even the essential matter of supporting the government, be considered secondary in importance in your doliberations, and that first consideration be given to the vital question of justice to the tax-payer. That course simplifies the task and leads directly to the goal. Regraded Unclassified 11:00 WORDESTHAD DROES JUSTICE TO TAXPAYER - SECT OF THEASURY MORGENTHAO SPEAKING TODAY BEFORE THE TAX REVISION COUNCIL HERE united THAT TRUHNICAL DETAILS OF TAX DATH- BE CONSTDERED 8800NDARY IN IMPORTANCE IN bad IDEMATIONS REGARDING TAX REVISIONS AND FINST CONSIDERATION BK GIVEN TO THE DUBSTION OF JUST- are 10 THE TAXPAYER- -INVERENDENT LEVYING OF TAXES BY 4bL DE Fill VARIOUS TAXING AUTHORITIES- MII MORGENTHAU RAID -WITHOUT DUE CONSIDERATION POR THR TAX STRUCTURE AD A. WHOLE HAS OFTEN DESOLTED IN IIN- PAIR AND UNECONOMIC DISTRIBUTION OF THE HOROEN- DUVLICATE TAXES CAUSE WASTE BUT IS A. - BUT THAT 10 A DETAIL- THE URBATER PROBLEM IN TO RESTORE HOUTLIBNIUM LN THE TAX STRUCTURE AB A WHOLE EN ONDER PRIMARILY TO BE PAIR AND JUST- THE WASTE 18 NOT AS IMPORTANT AS THE INJUSTICE- -THE FINST STEP IN MY OPINION IS TO MAKE A CAREFUL SURVEY AND ANAYL-- ANALYSIS OF THE TAX STREKTURE OF THE COUNTRY TO DETERMINE JUST HOW THE BURDEN OF nue GOVERNMENTAL EXPENSES 10 NOW DISTRIBUTOD- THE SECT SAID - -NEXT 1 NOTE WHAT PRACTICABLE CHANGES IN THE COM- SINED TAX STRUCTURE WOULD PRODUCE A GODUND AND MORE EDUITABLE DISTRIBUTION OF THE BURDEN - IN IMM THIRD - THE THIRD PLACE 1 WOULD CONCENTRATE UPON A FEW IMPORTANT AND WORKABLE MEANS OF ELIMINATING COMPLTATE AND OVERLAPPING IN A MANNER CONSTS- TENT WITH OUT ANALYSIS OF WHAT CONSTITUTES A #UNDAMESTALLY DESTRABLE TAX TRUCTORE-- STRUCTURE FINALLY W CAN THEN ATTEMPT TO PUT A FEW TM- PORTANT POSSIBILITIES INTO EFFECT- THE SECT SAID THAT THE THEASURY 18 UNDER- TARING A NEW STUDY OF OVERLAPPING TAXES AT THE DIRECTION OF PRESIDENT #003EVELT- THE STUDY BILL SUPPLEMENT AND CARRY FURTHER THE WORE ON THE PROBLEM OF DOUBLE TAXATION DONE BT THE STARF OF JOINT COMMITTEE ON TAXATION OF CONTRE- se FOR THE WATS AND MEANS COMMITTRE IN 1892- MII WORDENTHAU SUGGESTED THAT IN THE CASE OF SOME TAXRS IT WIGHT BE DESIRABLE to NAKE A HIGID SEPARATION OF SOURCEY BETWEEN A PEDERAL STATE AND LOCAL DOVI AND THAT IN OTHER CARES CRATAIN TAXES NOW LEVIED BY WOMEROUS GOVERNME- NTAL UNITS #IGHT BS BEST ADMINISTERED BY THE FEDERAL GOVT ASID THE PROCEEDS SHARED WITH THE STATUS- HE SUGGESTED ALSO THAT THE STATES NIGHT MANDLE CENTAIN TAXES MORE EASILY THAT THE FEOL GOVT- Regraded Unclassified FEDERAL RESERVE BANK OF NEW YORK 32 OFFICE CORRESPONDENCE Date June 6, 1935. To CONFIDENTIAL FILES Subject TELEPHONE CONVERSATION WITH From L. W. Knoke MR. CARIGUEL OF THE BANK OF FRANCE. Mr. Cariguel called at 10 a. m. today, and stated they were having an easy time today, total dollar sales amounting so far to $3,500,000 only. He then referred to the $33,000,000 gold now held for our account in Paris for optional shipment to New York or to London and inquired whether he might send this amount by two steamers on June 7 and June 8 direct to New York. I replied that I thought the answer would be yes but that I would have to check back with Washington first. At the same time I in- quired whether such shipment under present conditions would be all right from their viewpoint, considering probable news- paper comment about the resumption of gold shipments from Paris. He said, "Absolutely," also that he would not hesi- tate to send it. If Washington was willing to have the gold come to New York he would use the steamer New York on June 7 and the steamer Bremen on June 8, both being German boats. He added that for political reasons he would ask the Guaranty Trust Company in Paris to effect the shipments as his agents. Politically there were no new developments; Pietri is still trying to form a ministry. Everybody believed that ultimately Lebrun would have to ask Laval again to make another effort. LWK:KMC Regraded Unclassified FEDERAL RESERVE BANK OF NEW YORK 33 OFFICE CORRESPONDENCE Date June 6, 1935. To CONFIDENTIAL FILES Subject TELEPHONE CONVERSATION WITH From L. W. Knoke MR. CARIGUEL OF THE BANK OF FRANCE. I called Mr. Cariguel at 10:40 a. m. to tell him that I discussed the shipment of $33,000.000 to New York Instead of to London with Washington and that our friends were agreeable to have the Banque de France proceed as suggested by him. Cariguel will accordingly request the Guaranty Trust Company, as his agent, to ship $33,000,000 odd on the New York and on the Bremen con- signed to Federal Reserve Bank of New York. The balance of the first $35,000,000, that 18 about $4,000,000, Cariguel said, would come forward on the American Merchant. All of our gold will therefore have been moved out of France by the end of the week. In this connection, Cariguel with a laugh expressed the opinion that this might be best for our Treasury. I then referred to his cable (his No. 143) of May 31, in which he confirmed having bought gold from us under the Trea- sury's offer contained in our cable No. 82 and told him that the lawyers here had pointed out two small inaccuracies in the word- ing of this message: firstly, he had mentioned the price as $35 without adding "less 1/4% handling charges and customary mint charges"; secondly he had stated the gold was "guaranteed free for export, etc." and the lawyers would have preferred to have had him say instead "guaranteed by us free for export, etc." Cariguel assured me that on both points there was no misunder- standing on his part as to the terms which we had proposed and that next time he accepted 8 proposition he would bear the Regraded Unclassified - 2 - SD VO TOTAL 34 lawyers' request in mind and word his cables accordingly. As regards political developments, Cariguel thought they would have a government tonight or tomorrow morning at the latest, either Pietri or Laval forming it. LWK: KMC Twinty the monestary for MA 10 not My M % FEE soold act - at for H/F expert top - - 15 - warned. anto Tue YOU - Min request 14 Covernor VLAS effects N NYK - in France I amtions No the Main see 109 received CO Notak that the Gayment was Wish 5 - tox - Optional replid The the 55 - su The THE skirst will of dont A - - may, z referred THE persigned are - TSH - n US Doit and Vold bis that VI used marks - Es X FREE case repealing shat 11 - VALID - the Characty Trank Greatery 188 with BA to of online states in affection No - - ISSM mis. 2791 46473 antimed that the 2016 MM W - N whill expected that the Yes disk ------------------------- of be had Accepted the offer Secure 13 made WAST to But the good over, FEDERAL RESERVE BANK OF NEW YORK 35 OFFICE CORRESPONDENCE Date June 7, 1935. To CONFIDENTIAL FILES Subject TELEPHONE CONVERSATION WITH From L. W. Knoke MR. CARIGUEL OF THE BANK OF FRANCE Mr. Cariguel called at noon to let me know that the market was quiet and that they had done nothing at all in dollars. Under the circumstances he thought it would not be necessary for us to renew the order for tomorrow. I told him we would act accordingly unless we heard from him to the con- trary. As far as support for the franc in this market is con- cerned, Cariguel said he was giving an order to the Guaranty Trust Company as heretofore. Cariguel then requested that I again convey his thanks to Governor Harrison. With reference to the political situa- tion in France I mentioned to Cariguel that the market here seemed to think that the Government would obtain a majority in the Chamber. Cariguel replied that they too thought 80. The Paris market will be closed on Monday, that being Whit- monday. I referred to paragraph one of his cable No. 158 just received and told him that we would probably send him a cable this afternoon repeating that it was our understanding that the Guaranty Trust Company was acting as Bank of France's agents in effecting the shipment of 22,000 kilos gold. Cari- guel again mentioned that the gold would be consigned to us and repeated that the Guaranty had offered their services and he had accepted the offer because it was the quickest way to get the gold over. LWK:KMC Diary 36 OFFICE OF Katy TREASURY DEPARTMENT WASHINGTON THE SECRETARY my June 6, 1935. MEMORANDUM FOR MR. McREYNOLDS: Following is a. summary of the "important happeninge" in the molasses situation, according to my notes, which some weeks ago you asked me to prepare for Mrs. Klotz's files. About the middle of November, 1934, the Secretary received informa- tion to the effect that the Secretary of Agriculture was about to consum- mate an agreement with the North American Import Company and the Molasses Products Company, pursuant to the provisions of the so-called Costigan- Jones Act, whereby these two companies were to import substantial quanti- ties of molasses into the United States from the Philippine Islands, Puerto Rico, and Hawaii, and to distribute such molasses to the feed trade in this country as agents for the Agricultural Adjustment Administration. Upon the receipt of this information, the Secretary called the at- tention of the Secretary of Agriculture to the past record of the Molasses Products Corporation, owned by the Kaplan interests, and questioned the propriety of giving so important a contract, calling for the distribution of a substantial tonnage of molasses over an extended period, to a concern which was known to be a principal source of supply of raw material for the bootleg trade. Aa the result of this suggestion, the Secretary of Agriculture directed that the proposed contract should be held in abeyance pending investigation by the officials of the Agricultural Adjustment Adminis- tration. On or about November 20, 1934, Mr. Chester C. Davis of the Agricul- tural Adjustment Administration, accompanied by Mr. J. A. McConnell, repre- senting the G. L. F., conferred with the undersigned during the Secretary's absence from the city, with a view to inducing the Treasury Department to withdraw the objection which the Secretary had made to the proposed con- tract. I advised these gentlemen that on the assumption that the Secre- tary's objection was based on the fact that the Molasses Products Corpora- tion had been, and still was, engaged in illicit traffic, I did not see how this objection could be set aside, inasmuch RS the Department had positive evidence of the company's derelictions. I made the suggestion to Mr. Davis that the whole matter should be left in aboyance until Secre- tary Morgenthau's return to the city, at which time he could confer with the Secretary personally. Mr. Davis assented to this suggestion. Regraded Unclassified 37 - On or about November 26, Mr. Davis, again accompanied by Mr. McConnell, conferred with Secretary Morgenthau in the latter's office. The undersigned was present. Mr. Davis sought to show the Secretary the importance of con- cummating the contract from the point of view of providing essential stocks of feed, particularly to agricultural communities in drought-stricken areas. The Secretary advised Mr. Davis that while he considered it his duty to ao- quaint the Secretary of Agriculture with the character and reputation of the Molasses Products Corporation, the question whether the contract should be consummated with that company was one for decision by the Secretary of Agriculture. There was protracted discussion, but at the end of the con- ference Mr. Davis let it be understood that in view of the Secretary's atti- tude he did not consider it advisable to consummate the proposed contract. On November 26 and 27, the Secretary received telegrams from Mr. A. I. Kaplan, of the Molasses Products Corporation, asking a hearing with refer- ence to the Department's objections to the contract. At the Secretary's instruction, such a hearing was accorded Mr. Kaplan on December 4, at which time Mr. Kaplan made what is believed to be & full and truthful statement of the business operations of the Molasses Products Corporation, and its subsidiary, the Dunbar Company. The undersigned, Captain Sayles, and Mr. Avis were present at this meeting, following which I advised the Secretary in writing (on December 6) that in my opinion the Department should adhere to its objections to the contract. About this same time, Mr. H. E. Babcock, head of the G. L. F., con- ferred with the Secretary, and subsequently with Mr. Oliphant and the under- signed, with regard to the formation of a new company to take over the plant asseta of the Molasses Products Corporation and to contract with the A. A. A. to import molasses according to the original plan. About January 10, the undersigned was advised by Mr. J. A. McConnell, of G. L. F., that 9 new corporation had been formed, under the name Com- mercial Molasses Corporation, to acquire the assets and take over the busi- ness of the Molasses Products Corporation. The new Company was owned as follows: Commercial Solvents 70 per cent Corn Products 25 per cent G. L. F. 5 per cent The consideration paid to the Kaplan interests was $4,000,000 in cash. A copy of the contract of sale was furnished the Department, at my request, by officers of the new company about January 20, and returned on February 9, after analysis by Mr. Klaus, of the General Counsel's staff, At this time the undersigned was given assurances by the officers of the new company that it would do no business with known or suspected users of molasses for illicit purposes, and that the company desired, and would make full use of, the cooperation and help of the Department to that end. Regraded nclassifie -3- 38 Pedepay York, These assurances have been repeated subsequently, and, 80 far as the Department is aware, are being carried out by the new company in good faith. It is understood that the Commercial Molasses Corporation has received no contract from the A. A. A. looking toward the importation of molasses from the Philippine Islands, Puerto Rico, and Hawaii, along the lines of the originally proposed contract with the Molasses Products Corporation and the North American Import Company. Marks The - GRAVES. M your Plycomy It rents is follows: Continents) vited All documents or postricting Authorize Two ml for seids 25 this the Prestine efficers of eb banks 1A Instite the NV Late have drea - form - dealer The at bots - will be NOW 1, theretore, INSURE ID: without 118 and OF hope the - 16. pum 3a you - insure Yes, 9a DAYA 18/3 le ess 1 01/3 money ₫ - MIN 19 will strive mm will this " AD the I - Mde information BOX 30 use x the WE21 The is 700 New 16. Two of value Thank you Regraded Unclassified 39 June 7, 1935. Friday. Allen Sproul of the Federal Reserve Bank of New York. H.M.Jr: Hello. Allen Mr. Secretary? Sproul: H.M.Jr: Yes. S: This is Allen Sproul of the Federal Reserve Bank of New York. H.M.Jr: Yes, Governor Harrison said you'd be talking. S: I've a cable from Governor Norman which he wanted me to read to you. H.M.Jr: Please. 3: It reads as follows: At the suggestion of Governors of several Continental Central Banks, we have recently in- vited all sections of this market to cooperate in restricting facilities for speculation in foreign ex- change and for gold. In this connection, we can approach the London officers or representatives of the foreign banks in London including the American Banks who have been given a memoranda setting forth various points upon which we desire Federal cooperation. The gist of this memoranda will perhaps be transmitted to your side, and I, therefore, mention the subject for your information and I hope from your support a copy will be mailed to you tomorrow. Signed Norman. H.M.Jr: Yes. S: We have made arrangements to get hold of either a copy or a summary of the memorandums tomorrow morning by cable. H.M.Jr: Yes. S: And we'll advise your office of what it contains. H.M.Jr: All right. 3: But, I wanted to get this information to you and I assume the Governor will be talking to you about it. H.M.Jr: Thank you very much. S: You're welcome. H.M.Jr: Thank you. June 7, 1935. 40 The Open Market Committee met with the Secretary of the Treasury in his office at 12 o'clock. Those present were: Henry Morgenthau, Jr. Secretary of the Treasury. Marriner S. Eccles, Governor, Federal Reserve Board, G.L. Harrison, Governor, Federal Reserve Bank of New York, T.J. Coolidge, Under Secretary of the Treasury, W.R. Burgess, Deputy Governor, Federal Reserve Bank of N.Y., R.A. Young, Governor, Federal Reserve Bank of Boston, G.J. Seay, Governor, Federal Reserve Bank of Richmond, D.W. Bell, Commissioner of Accounts and Deposits, George C. Haas, Division of Research & Statistics, C.B. Upham. Mr. Coolidge reported that he and the Open Market people had had some discussion and that the only conclusion reached was to offer on Monday a 5 year 1-1/2% note to be exchanged for the notes which mature June 15th and August 1st. Interest to June 15th only will be paid on the notes maturing in August. Mr. Coolidge and Mr. Burgess guessed that the new note would probably sell at about par and 5/8ths. It was agreed that a 4-1/2 year note would be more attractive than a 5 year note but a 5 year note will go. Mr. Morgenthau said that this program was satisfactory to him, and Mr. Coolidge said that that was all he cared to do on Monday. Mr. Morgenthau asked Mr. Bell what his best estimate is of available cash on June 16th. -2- 41 Mr. Bell replied that we ought to have in the neighborhood of 850,000,000 on June 30th and probably it would not be much different as of June 16th. Mr. Bell said that on July 1st there will be $600,000,000 of Consols to pay off and that there will be $225,000,000 of lawful money come in with 8 net drop in cash of from $450,000,000 to $500,000,000. We will need $250,000,000 of new money in July. That much will just about take up the deficit. Mr. Coolidge said that Jesse Jones expects to make considerable payments in July, to which Mr. Morgenthau said not to figure too strongly on that. It was reported that on June 17th the FCA has a conversion of $250,000,000 Land Bank Bonds and that they expect to offer 8 20 or 30 year bond, callable in 10 years, bearing 3 or 3-1/4% interest. It was suggested that an offering on June 24th for payment July 1st would be a pretty good day for a new money announcement. Mr. Harrison asked why it was necessary to get new money 80 soon, and Mr. Morgenthau replied that $450,000,000 cash balance was pretty low. Mr. Coolidge interposed to say that we want to train the purchasers of Government securities in the bidding method. Mr. Burgess said that he was agremable to an offering on June 24th if the market is favorable and the character of the offering adjustable. Mr. Eccles recommended trying out the bidding method two or three times at least. -3- 42 Mr. Harrison said that was alright if we were looking for a wet blanket on Government bonds. Mr. Morgenthau asked, if in the event of a real row with the bond dealers, could the Treasury count on the Federal Reserve Board to go along. Mr. Eccles said that the Board had no power to go along. Mr. Morgenthau said the Treasury might offer the System $1,000,000,000 in bonds. Suppose the Treasury put it up to the Board, he said, to take $1,000,000,000 new securities at 1/8th of 1%. Mr. Harrison said he knew what his advice as fiscal agent of the Treasury would be to such a proposal. Mr. Morgenthau added that he referred to the case of 8 real showdown. Mr. Burgess said he did not think it was a dealer problem, but referred to the fact that the group had agreed to an experiment in offering securities on a bid basis at the last meeting and suggested the advisability of having a report on results. Mr. Morgenthau asked Mr. Harrision to report. Mr. Harrison was of the opinion that there was some disappoint- ment and some confusion. He referred to the fact that there was not much dealer profit in the new procedure and that small banks did not have so much chance to acquire securities. He reported a checkup in Chicago as indicating that the big banks did not mind the new method but that the small banks did. Regraded Unclassifie 43 Mr. Young interposed to say that he had talked to only one country bank but that he cannot feel that the bidding program has been a failure. He still thinks that there is something in the bidding venture and that it got a bad break on its first trial. He said that he did not want to give up the idea. He 8 referred to the N.R.A. decision as/disturbing influence. Mr. Morgenthau commented that he thought the French situation was equally disturbing. He added that there had been discussion of the bidding venture for 3 months and that everyone had approved it and that he considered it a distinct success, and in view of the French difficulties, which were very serious, he thought it remarkable that there was only a threepoint fall. He indicated that he considered it silly to say that the decline in the Government market is caused by the method of offering $100,000,000 of bonds. Mr. Harrison said that it was his feeling that the Treasury, during the last 3 years has done a magnificent job in arranging maturities and through lowering interest payments and through the use of a thoroughly understood and successful process. While there has been occasional gravy, his own belief is that the Treasury has secured its money more cheaply than if it had used the bidding procedure. Its success and smoothness shouldn't be interrupted at a moment when things are going so well, from the Treasury point of view. He saw no very cogent reason to change today. Maybe both ways are needed in an emergency but we should stick to the traditional method until we need more money. 44 Mr. Morgenthau said that he was always appreciative of previous experience and that he was very willing to listen to men on the firing line. He said that the way he looks at it is that we have gone through a very difficult period in Govern- ment finance and that it has been the good fortune of the Treasury for conditions to improve very definitely over the first three months that he was Secretary. We are riding high now, he said, and in his opinion it is time to look for other methods of disposing of the bonds and try them out. If we have to try them out with our backs to the wall it will be 8 sign of weakness. Another reason, he said, is that the Treasury can now estimate cash better what its/requirements are. RFC loans are nearing an end. Heretofore their estimates have been out as much as $1,500,000,000 at a time. The Treasury has pretty good control over the rate of work relief expenditures. He said he would like to go through the summer on a 30 day ahead basis rather than getting the $1,000,000,000 needed at one time. He agreed with Mr. Burgess that if conditions sour resort should be had to the use of notes rather than bonds. Mr. Harrison said that his remarks had been made wholly independent of the success or failure of the bid offer. Mr. Morgenthau said that he didn't think the United States Government could let 5 bond houses tell it what to do. Mr. Burgess and Mr. Harrison said that there was nothing to that idea -- that it was all wrong. Mr. Coolidge said, too, that reports that a small group of Unclassified 45 -6- bond houses were dictating to the Government were an exaggeration. Nevertheless, he said, if the dealers had felt badly about the experiment they could have influenced the result more favorably. Mr. Coolidge added that there are two reasons for the change to the bid basis. He said we have issued bonds with longer and longer maturities until we now have outstanding a 25 year issue. Maturity vacancies have been filled -- we do not need a new bond. In the second place, he said, the bidding has become worse and worse, so far as over-subscriptions are concerned, more and more people want to take rides.. This has been a bad influence from the spending end as evidenced in the demand for a bonus and other extravagances. If an offering on a bid basis doesn't go too good he is not disposed to feel too badly about it. Mr. Burgess said he thought we had been gaining better control over over-subscriptions. Mr. Coolidge was of the opinion that the last offering was the worst of all, and that many banks and others had put in bids in the names of numerous other people. Mr. Young said he had considered offering 8 two way proposi- tion -- price a bond and at the same time invite bids. Mr. Coolidge said he thought it might be wellto put a bottom limit onwhat we will accept -- say 103 or better. This he thought would produce closer and more satisfactory bidding. Mr. Burgess said that representatives from Chicago and Cleveland were not able to come to the meeting and that they had been asked their impression. The report from Chicago was that the rural bankers didn't like it but that the Chicago banks were not so Unclassified -7- 46 hostile. He read 8. telegram from Mr. Fleming of Cleveland to the effect that the banks in the large cities opposed the new method and regarded the procedure as disturbing to the market. He added that New York banks are not particularly averse. Devine and Company like it, he said, and Mr. Coolidge commented that they bought 103.2 and 103.1. Mr. Burgess continued by saying that it is a cinch for dealers who will take a short position. Mr. Young commented that he doesn't know of anything better for the Government market right now than a substantial short interest. Mr. Burgess commented that the two things Mr. Morgenthau had been seeking were better distribution and a rest for the market and that the new procedure achieved neither. He agreed that there was a pretty narrow margin of error in the bidding. Mr. Young said that he assumed the bankers opposed the procedure for two reasons: First, because banks opposed change anyway, and second, that they get less profit. Mr. Burgess commented that the new procedure would go good in good weather and bad in bad weather. Mr. Coolidge commented that one group is really hurt by the new procedure -- those who ordinarily get a $10,000 preference on small subscriptions. Heretofore they have received about 1 point profit. This group includes about half the banks in the country. Mr. Seay reported that the Baltimore banks told him the new method creates uncertainty and works against a free market and brings about a down turn in prices. He reported that trust Regraded Unclassified 47 -8- companies would not enter bids for their trusts. He regarded this position as wholly illogical. He said that the Richmond bank got more bids than ever before but that the bids were too low and so the bidders got no bonds. Mr. Young interposed to say that the banker is a "chiseller" and 8 bargain hunter. Mr. Morgenthau said he would like to continue on a bid basis through the summer with a new issue on the old basis about September 15th to bring in from $500,000,000 to $1,500,000,000 to last through to January. Mr. Seay thought it would be helpful to the country banks if a sheet were sent along showing the current prices on out- standing bonds. Mr. Morgenthau replied that the Treasury would consider accompanying the next request for bids with newspaper advertise- ments in cities of 25,000 or over. Mr. Young, Mr. Eccles and Mr. Coolidge were of the opinion that the banks in the smaller cities were pretty well circular- ized by the dealers. Mr. Burgess said that the general reaction is that the bid method is a mistake. He was of the opinion that we ought to keep on trying but take it gradually and in our stride -- not use it for all new cash this summer and do not appear to be stubborn and run our heads against the wall. Do not imperil the whole program without reason, he said. Mr. Eccles commented that banks prefer the old method Regraded Unclassified -9- 48 because it is for their interest, and Mr. Morgenthau added "for the turn that they could make." Mr. Eccles said "yes, for the profit in 1t". He added that as long as there are so many excess funds in the banks there is not the slightest reason for concern about financing. From the Treasury standpoint, he said, he has heard no argument yet that weighed against the new method. Speaking to the point of distribution, Mr. Coolidge said he thought the new method would be better for gradual end eventual distribution. He blamed the difficulties of last September on June offerings for cash. The June sales were not distributed until September, he said. Mr. Morgenthau said that if the market drops people are worried and critical but if it is up their comment is that the Treasury is pushing it too hard. He said the Treasury could have put out 8 new issue for $1,000,000,000 in June. Mr. Eccles said the bond houses buy for speculation on large offerings and that on the bid basis he thinks there is better absorption and less overloading of dealers. Mr. Morgenthau asked if those present would come down two weeks from today and then we can make up our minds what to do about new money. Mr. Harrison said he wanted it understood that he had an open mind on the problem. Mr. Morgenthau said he did too and that he has no hobbies and no set ideas about it. He added that he has not been convinced that the experiment is not wroth continuing. 49 -10- Mr. Seay thought the new method was founded on reason and common sense. Mr. Morgenthau said to Mr. Burgess "you are not convinced that the new method is wrong, are you?" Mr. Burgess replied "no". He said it is surrounded with difficulties and we ought to go slow. Mr. Harrison said he thought that a more important statement than that the new method is not wrong 1s the statement that the old method is right. Mr. Eccles said that he agreed with Mr. Young that the main trouble with the banks is their resistance to change. Mr. Burgess commented that that is a good reason for changing slowly. Mr. Seay said to Mr. Morgenthau that he didn't fully understand earlier reference to selling $1,000,000,000 of Govern- ment securities to the Federal Reserve Banks. Mr. Morgenthau indicated that he had not been too serious in that proposal, that ft had better be forgotten. Mr. Young commented that if the Government market went sour he was pretty sure that the Federal Reserve Banks would do whatever were necessary to make their investment of $2,500,000,000 good. Reference was made to the decline in the Mellon's 3's shortly after their issuance and Mr. Burgess commented that that piece of financing represented the only case where the Treasury had gone against the advice of New York. Regraded Unclassified 49A TREASURY DEPARTMENT Washington FOR RELEASE, MORNING NEWSPAPERS, Press Service Monday, June 10, 1935. No.5-9 6-8-35. Socretary of the Treasury Morgenthau today announced the offering of 5-year 1-1/2 percent Treasury notes of Series B-1940 in exchange for Treasury notes of Series A-1935 mnturing June 15, 1935 and for Treasury notes of Sories B-1935 maturing August 1, 1935. About $416,600,000 of the notes of Series A-1935 will mature on June 15, and about $353,800,000 of the notes of Series B-1935 mature on August 1, 1935. These maturing notes may now be exchanged for the new issue, the amount of which will be limitod to the amount of the maturing notes tendered and accepted for exchange. The offering is confined to exchange subscriptions, and cash sub- scriptions will not be received. The Treasury notes now offered will be dated June 15, 1935, and will bear interest from that date at the rate of 1-1/2 percent per annum payable semi- annually. They will mature June 15, 1940, and will not be subject to call for redemption before that date. The notes will be exempt, both AS to principal and interest, from all taxa- tion. The exemption does not apply to estate or inheritance taxes or gift taxes. The notes will be issued in bearer form only in denominations of $100, $500, $1,000, $5,000, $10,000 and $100,000. Applications will be received at the Federal Reserve banks and branches, and at the Treasury Department, Washington. Banking: institutions generally will handle applications for subscribors, but only the Federal Reserve banks and the Treasury Department are authorized to act as official agencies. The Secretary of Regraded Unclassified 49B -2- the Treasury reserves the right to close the books as to any or all subscriptions or classes of subscriptions at any time without notice. Subject to the reserva- tions set forth in the official circular, all exchange subscriptions will be allotted in full. Payment at par for any now notes allotted must be made on or before June 15, 1935, and may be made only in Treasury notes of Sories A-1935 maturing June 15, 1935, or in Treasury notes of Scries B-1935 maturing August 1, 1935, which will be accepted at par and should accompany tho subscription. In the case of Treasury notes of Sorios B-1935 tendered in payment, coupons dated August 1, 1935, must be attached to the notes whon surrendered and accrued interest from Fobruary 1 to Juno 15, 1935, on the surrendered notes will be paid following their acceptance for exchange. The text of the official circular follows: Regraded Unclassified UNITED STATES (F AMERICA 49C 1-1/2 PERCENT TREASURY NOTES OF SERIES B-1940 Dated and bearing interest from June 15, 1935 Due June 15, 1940 Interest payable June 15 and Docember 15 OFFERED ONLY IN EXCHANGE FOR TREASURY NOTES OF SERIES A-1935, MATURING JUNE 15, 1935, AND TREASURY NOTES OF SERIES B-1935, MATURING AUGUST 1, 1935 1935 TREASURY DEPARTMENT, Dopartment Circular No. 542 Office of the Secretary Washington, June 10, 1935. Public Debt Service The Secretary of the Treasury, pursuant to the authority of the Second Liberty Bond Act, approved Sontember 24, 1917, as amended, invites subscriptions, at par and accrued interost, from the poople of the United States, for 1-1/2 percent notes of the United States, designated Treasury Notes of Sorios B-1940, in payment of which only Treasury Notos of Series A-1935, maturing Juno 15, 1935, or Treasury Notes of Sorios B-1935, maturing August 1, 1935, may be tendered. The amount of the offering under this circular will be limited to the amount of Troasury Notos of Scrios A-1935 and of Series B-1935 tondored and accepted. Description of Notos The notes will be dated June 15, 1935, and will bear interost from that date at the rate of one and one-half percent por annum, payable semiannually, on Docember 15, 1935, and thereafter on June 15 and Docember 15 in each year. Thoy will mature June 15, 1940, and will not be subject to call for redemption prior to maturity. The notos shall bo exempt, both as to principal and interost, from all taxa- tion (except estate or inheritance taxes 1) now or hercafter imposod by the Unitod Statos, any Stato, or any of the possessions of the United Statos, or by any local taxing authority. 1 Similarly, the exemption &008 not apply to the gift tax, SOC Treasury Decision 4550€ Regraded Unclassified The notos will be accepted at par during such timo and under such rulos and rogulations as shall bo prescribed or approved by the Socretary of the Tronsury in payment of income and profits taxes payable at the maturity of the notos. The notes will be acceptable to secure doposits of public moneys, but will not bear tho circulation privilogo. Boarer notos with interest coupons attached will be issued in donominations of $100, $500, $1,000, $5,000, $10,000, and $100,000. The notes will not 00 issued in rogistored form. Application and Allotment Applications will be recoived at the Federal Reserve banks and branches and at the Treasury Dopartment, Washington. Banking institutions generally will hendle applications for subscribors, but only the Foderal Resorve banks and the Trensury Department are authorized to act as official agencies. The Secretary of the Treasury reserves the right to close the books as to any or all subscrip- tions or classes of subscriptions nt any time without notice. The Secretary of the Treasury reserves tho right to reject any subscription, in whole or in part, to allot less than the amount of notes appliod for, to make allotments in full upon applications for smallor amounts and to make roduced allotmonts upon, or to reject, applications for larger amounts, to make classified allotmonts or to make allotmonts upon a gradunted scalo, or to adopt any or all of said mothods or such other mothods of allotment and classification of allot- monts as shall bo decmed by him to be in the public interost; and his action in any or all of those respects shall bo final. Subject to these roscrvations, all subscriptions will be allotted in full. Allotmont notices will be sent out promptly upon allotmont. Regraded Unclassifie 49E E -3- Payment Payment at par and accrued interest, if any, for notes allotted hereunder must be made on or before June 15, 1935, or on later allotment, and may be made only in 3 percent Treasury Notes of Serios A-1935, maturing June 15, 1935, or in 1-5/8 percent Treasury Notes of Series B-1935, maturing August 1, 1935, which will be accepted at par, and should accompany the subscription. In the caso of Treasury Notes of Serios B-1935 tendored in payment, coupons datod August 1, 1935, must be attached to the notes whon surrondored, and accrued interest, to June 15, 1935, 2 will bo paid following acceptance of tho notes for exchange. General Provisions As fiscal agents of the Unitod Statos, Federal Reserve banks are authorized and requested to reccivo subscriptions, to make allotmonts on the basic and up to the amounts indicated by the Secretary of the Treasury to tho Fodoral Rosorve banks of the respective districts, to issue allotmont noticos, to receivo payment for notes allottod, to make dolivory of notos on full-paid subscriptions allottod, and thoy may issue intorim receipts pending dolivery of the definitivo notos. The Socretary of the Treasury may at any timo, or from time to timo, proscribe supplomontal or amendatory rulos and regulations governing the offoring, which will be communicated promptly to tho Fodoral Reserve banks. HENRY MORGENTHAU, JR., Socrotary of tho Treasury. 2 Accrued intorest at 1-5/8 percent from Fobruary 1, 1935, to Juno 15, 1935, on $1,000 is $6.015193. Regraded Unclassified 50 June 11th At the 9:30 meeting this morning Mr. Oliphant brought in draft of a letter to Senator McCarran in answer to one which Mr. Morgenthau received dated June 7th in regard to the Treasury's silver purchase program. Mr. Morgenthau suggested many changes. He then telephoned Senator Key Pittman and told him about the letter which he had received from Senator McCarran and also about our suggested reply and asked whether he would have the time to bok over our letter before we sent it up on the hill. Senator Pittman said he would come down in about 15 minutes. Mr. Oliphant then read both letters to Senator Pittman. He then dictated the following suggestions: "I think it would be impolitic to discuss the Stabilization Fund as it 1s purely an American policy and deals more with international ex- change than our local currency. "I am sure that it is realized the publicity in regard to the Stabilization Fund would be contrary to public interest and no member of Congress has heretofore asked for any public expression in regard to it. "I have submitted you these facts which seem to be the conclusive evidence that the Treasury Department is carrying out the act according to its mandates and in the spirit intended. "On or about such and such a date you had a group of Senators come down to your office, such Senators as you could reach by telephone and those who are interested in silver legislation. At that time a number of them responded and we had a very open and frank conference in regard to the complete operation of the Treasury Department under the Act. That you explained to those present what you had done, what you were doing and what you intended to do and outlined quite fully the en- tire policy. Everyone present either by statement or by apparent acquiescence agreed to the policy. "Point out that McCarran was not present at that meeting but that he came to your house upon your invitation the next morning and you answered all questions which he asked and that you attempted to outline what you were doing and were under the impression that he was satisfied with it. Regraded Unclassif 51 "That if any group of Senators desire to come down and discuss this or any phase of it with you that you would be very happy to do so that you never intended to conceal anything from them." After Senator Pittman left, Mr. Morgenthau decided to give McCarran facts but he certainly did not intend to be apologetic. Attached herewith are copies of Senator McCarran's letter to Mr. Morgenthau and his reply. McReynolds, Bell and I talked over the future of the office of the Director of the Budget and we all three agree that for the immediate future it would be best if we could get somebody like Tom Smith to become Director of the Budget. As to the future, Bell and McReynolds have a plan of a permanent fiscal Assistant Secretary who would have charge of accounting and fiscal matters. I think that this should be gone into very thoroughly. If I am able to get Tom Smith to come then I would want Bell to stay on my payroll as Special Assistant until December 31, 1935 in order to compensate him in a small way for his efforts. Regraded Unclassified UNITED STATES SENATE Committee On Appropriations June 7, 1935 Hon. Henry Morgenthau, Jr. Secretary of the Treasury Washington, D. C. My dear Mr. Secretary: I am at a loss to understand the reason for the recent drop in the price of silver with its other attending phases, and therefore appeal to you for facts of which I am entirely uninformed. Will you be 80 kind BS to tell me whether the Treasury has sold any silver directly or indirectly through the stabiliza- tion fund or through any of its agencies, and if so, in what quantities and at what price? Will you also tell me what steps are being taken now by your Department to carry out the provisions of the Silver Purchase Act of 1934? Lastly, will you kindly inform me to what reason you attribute the recent fall in the price of silver, which fall was approximately nine cents? Frankly, I am concerned about the seeming failure to assure the country on the status of silver. Reports which I assume of course to be wholly unfounded are being circulated in the world markets to the effect that the United States is to abandon its silver policy; end from some source there seems to come an intimation that your Department was not intent in carrying out the provisions of the Silver Purchase Act. These rumors appear to be particularly per- sistent in India and China and from what I can learn are being circulated without refutation or authentic statements from the Department nor from any person or agency in this country most in- terested in silver. Cable reports from Shanghai assert that the rumors originate with certain Washington correspondents of the news agencies. Whether this be so of course I do not know, but in the absence of any positive statement from the Treasury or Con- gressional circles such rumors may continue, and it appears to me that something should be done to prevent a demoralization of the market. I trust that you may see fit to tell an uninformed public that the provisions of the Silver Purchase Act are being enthusias- tically carried out by the Treasury Department and that there is not the slightest basis for the rumors to which I have made reference; Regraded Unclassified 58 Hon. Henry Morgenthau, Jr., page 2 6/7/35 also that as soon as practicable silver will be equal to one-fourth the value of the monetary metal in the treasury. Assuring you of my continued cooperation in carrying out the provisions of the Silver Purchase Act, and with the hope that I may have your reply as soon as it is convenient, I remain Respectfully yours, U /s/ Pat McCarran 1 She 15 END E The cives, Los of in Ddd The S. VP X0, so (E of light 124. Delig the and THE Is Visa - if 992, No of postern x the of and In the States the st MM we FOR too GRM from 2, 1956 to DJ 106, is : STATE Si, of Metos, of wis - of - 14. De - Use currents If Mrs. Yesas as MA - the School - M web W 15ml over The state swis, is - of living the THE - May 190% OF 151 June 11, 1935. 52 thy dear Senator: I refer to your letter of June 7 in which you ask me to furnish you certain facts in respect to our silver pur- chase program. I believe you will agree with me upon reflection that, since the purpose and operations of the Stabilization Fund are matters of American policy and primarily have to do with international exchange relations rather than domestic monetary matters, discussion of the operation of the Fund would not be in the public interest. This has been the fixed policy of the Department since the Fund was established. That this 1s generally appreciated is evidenced by the fact that no inquiry concerning the operation of the Stabilization Fund has come to the Treasury from any member of the Congress or other officer of the Government. Only those primarily in- terested in speculation in silver would seriously question the wisdom of this policy. I can, however, give you the facts with respect to the operations under the Silver Purchase Act and Proclamations relating to newly mined silver. It is entirely consistent with the public interest that these facts should be made known; and they, therefore, furnish the best means of answer- ing your questions. In carrying out the policy declared in the Silver Pur- chase Act, and in accordance with the authority and direction therein given, the Secretary of the Treasury has acquired in the ten months ending May 31, 1935, by purchase, 283,000,000 ounces of silver as to which delivery has already been made, and 112,850,000 ounces of silver under the Nationalization Order of August 9, 1934. During the same period 25,647,000 ounces of newly mined domestic silver have been received under the Executive Proclamation of December 21, 1933. In the aggre- gate, our stocks of monetary silver have been increased by 421,497,000 ounces. The extent of these purchases may better be appreciated by a comparison of the amounts of silver which have been pro- duced and consumed in the United States and in the world during the ten months from August 1, 1934 to May 31, 1935. It is estimated that 25,700,000 ounces of silver were produced in the United States, of which 9,000,000 went into industrial use, leaving a net of only 16,700,000 ounces. During the same period the Secretary of the Treasury received 16.4 times as much silver as was produced in the United States and 25.2 times as much of that production as was available for monetary use. The whole world, it is estimated, produced only 156,000, 000 ounces of silver during the ten months from August 1, 1934 to May 31, 1935, of which 60,000,000 ounces were necessary for industrial use. The acquisitions of the Secretary of the Regraded Unclassified - 2 - 53 Treasury during the same period exceeded the world production by about 265,000,000 ounces, and exceeded such of that pro- duction as was available for monetary purposes by more than 325,000,000 ounces. In other words, the receipts of silver were 2.7 times the total world production and 4.4 times the current world output of monetary silver. The United States agreed at the London Conference to withdraw 24@ million ounces of current newly mined silver from production every year. The receipts of silver under the Executive Proclamation of December 21, 1933, alone, more than comply with this Agreement. During the ten-month period from August 1, 1934 to May 31, 1935, we have acquired for monetary purposes 401,100,000 ounces more silver than we agreed to by the London Agreement. We have, in fact, withdrawn more than twenty times 8.8 much as we agreed to do. The total amount of silver to be withdrawn each year by all other parties to the London Agreement was 9,500,000. The United States alone has withdrawn during the ten-month period 421,497,000 ounces, or forty-four times more than the other countries agreed in a whole year. Under the Sherman Act of 1890 the Treasury purchased during the 3½ years of its operation 168,675,000 ounces. The Treasury has purchased and received delivery of 2@ times that amount in the ten months that the Silver Purchase Act has been in operation. Our monthly average purchases during the ten months from August 1, 1934 to May 31, 1935, have been ten timos the average monthly purchases under the Sherman Act of 1890. During the period 1920-1930, it is estimated that the annual withdrawal of silver for monetary purposes for the whole world, including the United States, averaged approximately 200,000,000 ounces, During the past ten months the United States has received more than twice the average annual amount taken by the whole world during that period. I have taken a ten month period, for, 8.8 you doubtless know, delivery is usually made at the end of the month and these figures are based upon deliveries. The figures on a monthly basis are even more significant. Confining ourselves to actual receipts, during the past ten months the Secretary of the Treasury has acquired and received delivery of silver averaging more than 42,000,000 ounces a month. Concerning the policy and purpose of the Treasury Depart= ment in carrying out the letter and spirit of the Silver Pur- chase Act of 1934, the foregoing facts speak for themselves. Referring to your last question concerning the recent course of the price of silver, I do not believe that the sudden and abnormal rise of the price to eighty-one cents in the latter part of April was the result of the normal operation of legiti- mate market forces. I think rather that it is to be attributed - 3 - 54 to manipulations of speculative interests. The dis- appearance of this unhealthy condition and influence has been a wholesome development. to Very truly yours, Secretary. Honorable Patrick McCarran, United States Senate. Ins The will E time tom. no of trew Grand 18. Mill, of Regra and Issue a Repressatatives, Regraded Unclassified June 11, 1935. 57 My dear Mr. Chairman: I am glad to avail myself of the opportunity afforded by your invitation to have representatives of the Treasury appear before the Subcommittee of which you are chairman to answer questions in respect to legislation affecting the mis- cellaneous internal revenue taxes. As you are aware, a number of these taxes were terminated by the Revenue Act of 1934; a substantial number of other taxes expire on June 30 and July 31 of this year; and in the case of a few of the continuing taxes, the rate will be substantially reduced effective on June 30. The President in his Budget Message of January 7 estimated that the miscellaneous internal revenue taxes for 1936 would increase some $143,000,000 over the collections for 1935, stating that "this increase is predicated on the assumption that the taxes terminating on June 30 and July 31, 1935, will be ex- tended by Congress, and also that the tax rates which would be reduced on June 30, 1935, will be continued." Accordingly, the President recommended "that the Congress take steps by suitable legislation to extend the miscellaneous internal revenue taxes which under existing law will expire next June or July, and also to maintain the current rates of taxes which will be re- duced next June." He added "I consider that such taxes are necessary to the financing of the Budget for 1936." The representatives of the Treasury appearing before your Committee will be glad to answer any questions and to make available to the Committee the results of its experience with these taxes. Respectfully, (Signed) H. Morgenthau, Jr. Secretary of the Treasury. Hon. Samuel B. Hill, Chairman, Subcommittee of Ways and Means Committee, House of Representatives. Regraded Unclassified 57 A TREASURY DEPARTMENT Washington FOR RELEASE, MORNING niwspapers, Pross Service Wednesday, June 12, 1935. No.5-11 6-11-35. Socrotary of the Treasury Morgonthau announced today (June 11) that the subscription books for the curront offoring of Treasury Notos of Scries B-1940 will closo at the close of business Thursday, June 13, 1935. Subscriptions placed in the mail before 12 o'clock, midnight, Thursday, Juno 13, will be considored as having been onterod before the close of the subscription books. This offoring is open only to tho holders of Treasury Notes of Serios A-1935, maturing June 15, 1935, and to the h ddors of Treasury Notos of Serios B-1935, maturing August 1, 1935. Regraded Unclassified 58 June 11th The following is a tentative plan of financing which I discussed with Mr. Coolidge to-day: That the last week in June we borrow enough to take care of our July needs; the last week in July we borrow enough to take care of our August needs and the middle of September we get out a new large bond issue for new money to take us through December 15th. Coolidge wants an offer for conversion of the 1 billion 200 million which comes due October 15th. These are the last 4-1/4's. 58A June 12, 1935. Wednesday. Tom my two partners come into my apartment this afternoon Smith: to talk the matter over and wanted you to understand why there was some delay in calling you. H.M.Jr: Oh, well, then - then, I'd say that we still can hope. S: Yes. H.M.Jr: Good. S: You may hope. I'll be talking to you tomorrow or the next day. H.M.Jr: How is your permanent partner? S: Well, she's not very warm to it. H.M.Jr: Not very warm to it. S: Not very warm to it, no, she thinksI'm simply taking on another job, probably a good deal heavier than anything I've tackled and I ought to go the other way. H.M.Jr: But, she hasn't said no. S: Well, it isn't - it isn't final. H.M.Jr: Good. S: And I think it lies really with what arrangements I can make H.M.Jr: Fine. Well, I'll - I'll wait with great interest to hear from you. S: Thank you so much. H.M.Jr: Thank you. S: Goodbye. June 12th 59 Mr. Morgenthau called Harry Hopkins to-day to find out how many people have been put to work out of the money allocated from the 4 billion 8. Mr. Hopkins was not in and his office informed Mr. Morgenthau that they did not have the information on hand - that they had not gotten around to that yet. Congressman Doughton called up and asked Mr. Morgenthau whether the Treasury had a representative on the hill, to which Mr. Morgenthau replied that we had Mr. Hester on the hill all the time. Congressman Doughton then asked who was looking after the Federal Alcohol Con- trol Bill and Mr. Morgenthau informed him that the bill that Charlie West has on Federal Alcohol Control has the approval of the Treasury. That any time he wanted Mr. Mor- genthau to come up on the hill he would be delighted to do so but that Choate was a little touchy and if he called him he ought to call Choate as well. That the Treasury did not want to get into the social aspects of the Alcohol Bill and that Mr. Choate was doing a very good job on that. Mr. Doughton also reminded Mr. Morgenthau about the man he was interested in for appointment on the Board of Tax Appeals. The man's name is Kitchen and Mr. Morgenthau promised to have definite word for Mr. Doughton tomorrow morning. Mr. Morgenthau told Mr. Doughton that this was a Presidential appointment to which Mr. Doughton replied "just as soon as I know what you are going to do I'm going to see the President about it." Mr. Morgenthau was very much annoyed with Mr. Oliphant because he had told someone about Mr. Kitchen several times and nothing was done about it. If the man is good he certainly wants to satisfy Mr. Doughton. 59A June 12, 1935. Wednesday. H.M.Jr: Hello. Robert Doughton: Mr. Secretary? H.M.Jr: Yes, Mr. Doughton. D: Congressman Doughton. How're you getting along? H.N.Jr: oh, I don't know. What do you think? D: Well, I just don't know myself; I wanted to find out. You've got 80 quiet there, but still I didn't know whether you'd left town, gone over on a long vacation - vacation excursion or what. H.M.Jr: oh, no, we - we're just sitting down here borrowing money at five years - one and a half percent. D: Yes. I didn't know - I wanted to talk with you one of these days or someone representing your department about this bill that's come before our committee from the Alcohol Control Division. I - it's - they've sent down their bill and we're going to refer it to a sub- committee I have and then I - decide whether or not I can submit it in its present shape or whether or not - maybe we should change it for you before introducing it. I didn it know but what you had any representations or any views you wanted to express. H.M.Jr: Well, we have - I thought we had a man up there all the time. D: Well - H.M.Jr: Isn't Mr. Hester up there? D: Who? H.M.Jr: Hester. D: Yes, Hester, yes. H.M.Jr: Yes. D: We hadn't brought that bill especially up before our committee. H.M.Jr: Is that Federal Alcohol Control? D: Yes. H.M.Jr: Yes. Well, anytime - I'll come up or have anybody else come up. You just say the word. D: Well, I thought maybe that - if you'll - been giving the 59A June 12, 1935. Wednesday. H.M.Jr: Hello. Robert Doughton: Mr. Secretary? H.M.Jr: Yes, Mr. Doughton. D: Congressman Doughton. How're you getting along? H.M.Jr: oh, I don't know. What do you think? D: Well, I just don't know myself; I wanted to find out. You've got so quiet there, but still I didn't know whether you'd left town, gone over on a long vacation - vacation excursion or what. H.M.Jr: Oh, no, we - we're just sitting down here borrowing money at five years - one and a half percent. D: Yes. I didn't know - I wanted to talk with you one of these days or someone representing your department about this bill that's come before our committee from the Alcohol Control Division. I - it's - they've sent down their bill and we're going to refer it to a sub- conmittee I have and then I - decide whether or not I can submit It in its present shape or whether or not - maybe we should change it for you before introducing it. I didn it know but what you had any representations or any views you wanted to express. H.M.Jr: Well, we have - I thought we had B. man up there all the time. D: Well - H.M.Jr: Isn't Mr. Hester up there? D: Who? H.M.Jr: Hester. D: Yes, Hester, yes. H.M.Jr: Yes. D: We hadn't brought that bill especially up before our committee. H.M.Jr: Is that Federal Alcohol Control? D: Yes. H.M.Jr: Yes. Well, anytime - I'll come up or have anybody else come up. You just say the word. D: Well, I thought maybe that - if you'll - been giving the Regraded Unclassified 59B - 2 - matter your own personal attention that I might just talk with you personally about it a little some day. H.M.Jr: The Federal Alcohol Control? D: Yes. H.M.Jr: Well, I'll be glad to, Mr. Doughton. I - I - Dt You know, they want a separate commission and I under- stand that you-all want it in the Treasury Department. H.M.Jr: No, the bill - the bill that Charlie West has got on Federal Alcohol Control - we worked with Choate's people on that. D: Well - H.M.Jr: And the bill that Charlie West has got - has got the o.k. of the Treasury. D: All the way down the line? H.M.Jr: All the way down the line. D: Well, that means an independent setup - independent commission. H.M.Jr: Yes. D: Well - H.M.Jr: I'll tell you how I feel. That gets into the social aspects of this Alcohol thing and I would rather not have it in the Treasury and I think Mr. Choate done a swell job. D: Well, I knew you were doing a right good job myself. H.M.Jr: But, that bill that Charlie West took up on the Hill, I've o.k'd it and I'm for it. D: Well, I'm glad to know that. H.M.Jr: Now, I'll come up, but Mr. Choate's a little bit touchy and I'd little bit rather have you send for him, but if that isn't agreeable, you know, all you've got to do is to press the button and I'll come. D: Well, thank you very much. Well, now you remember, some time ago, I brought to your attention a matter that - of an important member of the - H.M.Jr: Board of Tax Appeals. D: Yes, Board of Tax Appeals. Regraded Unclassified - 5 - 59C D: Yes, Board of Tax Appeals. H.M.Jr: Yes, sir. D: Did you check on that man? H.M.Jr: Now, just a minute, I've got some people right in the office and I'll ask them. D: Yes. H.M.Jr: Just hold the wire a minute. H.M.Jr: Well, they don't seem to know. We'll - they have - I'll have to ask them. It's young Kitchen. D: Yes. H.M.Jr: Now, wait a minute. D: He's had a great deal of experience in that work and he's certainly a man of extraordinary ability. As to his background and how's he been getting along where he's worked and all that kind of detail, I just couldn't tell. But, he's one of the finest minded men I know of and I wouldn't be surprised 1f he makes you B. most ex- cellent man down there. H.M.Jr: Well, I - I haven't forgotten about him for EL moment. D: I haven't asked you for much, you know. H.M.Jr: No. D: And I'm not going to ask you for that unless you think he qualifies. H.M.Jr: Well, you know - I'm not the fellow to ask anyway. D: How's that? H.M.Jr: It isn't my appointment, you know. It's a Presidential appointment. D: I know it is, but I would imagine that he would rely on you as fas as investigations of the facts were concerned. H.M.Jr: Yes, well, don't think I forgot it because I haven't. D: Well, how soon do you reckon I'll be able to find out any- thing about it? H.M.Jr: Oh, I'd say, couple of days. D: and if you don't find then, I'd like to go talk to the President, 59D - 4 - H.M.Jr: Well - D: If you find some vivid reason why you don't think you could consider him, why, that would drop it with me. H.M.Jr: Well, supposing I give you B. call or send up for it tomorrow? D: Fine, thank you so much and if I'll come around and talk with you. H.M.Jr: O.K. D: Thank you 80 much. H.M.Jr: Thank you. D: Goodbye. Regraded Unclassified 60 June 12 Earle Bailie said he thinks H.M. Jr. is making a mistake in being in the market so often for the Treasury. His old policy of going into the market four times a year is best. H.M. Jr. called in Bell after talking to Kiplinger, and said he thinks that June 24th he ought to go out and ask for money for July 1st, enough money to last us until Sept. 15th and give the market a rest. Bell said five hundred million ought to take care of us. registement in of the understand of the surp in the Tax Personal is and June 13, 1935. 61 A group met in the office of the Secretary of the Treasury at 9:30 A.M. for a discussion on banking legislation. Those present were: Henry Morgenthau, Jr. Secretary of the Treasury, T.J. Coolidge, Under Secretary of the Treasury, Herman Oliphant, General Counsel, Herbert E. Gaston, Assistant to the Secretary, D.W. Bell, Commissioner of Accounts & Deposits, Vm. H. McReynolds, .dministrative Assistant to the Secretary, George C. Haas, Director of Research & Statistics, Mrs. H.S. Klotz, Special Assistant to the Secretary. C.B. Upham. Mr. Morgenthau referred to the situation with respect to the FDIC and the fact that unless there is additional legislation between now and July 1, the so-called permanent plan of deposit insurance, originally enacted as a part of the Banking Act of 1933, will go into effect on that date. He referred to the requirement in the present law that National banks must be class A stockholders of the FDIC on July 1 or it becomes the duty of the Comptroller of the Currency to appoint receivers or conservators for them. Moreover, it is made the duty of the Federal Reserve Board to terminate the member- ship in the Federal Reserve System of member state banks which are not class A stockholders in the Corporation on July 1. The Federal Reserve Board is given the duty of prescribing regulations for the computation of deposit liabilities of member banks for the determination of the amount of their stock subscriptions. Regraded Unclassified 62 -2- Mr. Morgenthau was of the opinion that, as fiscal officer of the Administration, it was his duty to take steps to see that arrangements are made under which the permanent deposit insurance plan can be set up and be put into effect on July 1, if that becomes necessary. It was pointed out that the various agencies concerned have relied upon a general belief that there would be legislation prior to July 1 either giving a further extention of the temporary fund or enacting Title I of the proposed Banking Act of 1935. It was recalled that the permanent plan now on the statute books was scheduled to go into effect on July 1, 1934 but had been postponed until July 1, 1935 by action of the Congress. Mr. Morgenthau asked that a meeting be arranged in his office for 2:30 P.M. and that Mr. Eccles, Mr. Crowley, Mr. O'Connor, and (in the absence of Jesse Jones) Lynn P. Talley be asked to come. He asked Mr. Coolidge and Mr. Upham to arrange the agenda for the meeting. Regraded Unclassified -2- 62 Mr. Morgenthau was of the opinion that, as fiscal officer of the Administration, it was his duty to take steps to see that arrangements are made under which the permanent deposit insurance plan can be set up and be put into effect on July 1, if that becomes necessary. It was pointed out that the various agencies concerned have relied upon a general belief that there would be legislation prior to July 1 either giving a further extention of the temporary fund or enacting Title I of the proposed Banking Act of 1935. It was recalled that the permanent plan now on the statute books was scheduled to go into effect on July 1, 1934 but had been postponed until July 1, 1935 by action of the Congress. Mr. Morgenthau asked that a meetingbe arranged in his office for 2:30 P.M. and that Mr. Ecoles, Mr. Crowley, Mr. O'Connor, and (in the absence of Jesse Jones) Lynn P. Talley be asked to come. He asked Mr. Coolidge and Mr. Upham to arrange the agenda for the meeting. Regraded Unclassific June 13, 1935. 63 A group met in the office of the Secretary of the Treasury at 2:30 P.M. to discuss the situation with respect to the permanent Federal Deposit Insurance plan which goes into effect July 1, 1935, unless there is legislation prior to that time. Those present were: Henry Morgenthau, Jr. Secretary of the Treasury, Marriner S. Eccles, Governor, Federal Reserve Board, T.J. Coolidge, Under Secretary of the Treasury, Leo T. Crowley, Chairman, FDIC, JF.T. O'Connor, Comptroller of the Currency, Herman Oliphant, General Counsel, Treasury Department, Lynn P. Talley, President, Commodity Credit Corporation, James B. Alley, General Counsel, RFC, Herbert E. Gaston, Assistant to the Secretary, C.B. Upham. Mr. Morgenthau explained that he had asked for this meeting because he is frankly disturbed about the situation which is developing with respect to the insurance of deposits. He added that the intricate details of the situation were even better known to the Governor of the Federal Reserve Board, the Chairman of the FDIC and the Comptroller of the Currency than to him, but that the situation had been brought forcibly to his attention by Mr. Tom K. Smith and Mr. C.B. Upham. Mr. Morgenthau stated that he felt considerable responsibility in the situation as Secretary of the Treasury and the fiscal officer of the Administration. He added that he was not so much interested in the politic thing to do as in the right thing to do. He indicated Regraded Unclassified 64 that there was 8. possibility of adjournment of the Congress on July 1 or soon thereafter, and that as Secretary of the Treasury he cannot continue indefinitely to neglect the legislative situation. In his opinion the agencies concerned may very well be open to criticism because they have not taken action earlier than this. Inaction may leave the Administration wide open to criticism. People may point to the fact that the situation was known and that nothing was done to help the banks get ready for the permanent insurance plan. As custodian of the peoples money in the banks, the Secretary said he was interested in doing the right thing and that he wanted the advice and help of those present. He wanted to be able to go to the President and say such and such a procedure had been agreed upon and should be followed up. Mr. Crowley said that he supposed the FDIC was more vitally concerned than any of the other agencies. There are 7800 State non-member banks which must make application before July 1 for Class à stock and pay an assessment equal to 1/4 of 1% of their total deposit liability. The Board and the Corporation said we cannot sit back and do nothing. As a matter of fact, he said, letters are being prepared to the Comptroller and to the Federal Reserve Board calling the situation to their attention. He said he thought it was important that the FDIC take the necessary steps without a great upset to the banking system. Mr. Morgenthau said he thought that on the 15th of June we could have no choice about notifying the banks. Mr. Crowley agreed that we couldn't wait any longer. He remarked that the Banking Act of 1935 had been introduced on Regraded Unclassified -3- 65 February 5, 1935 -- that there is no opposition to Title I -- that it can be passed before July 1. It is Title II that hurts, he said, and he feels that the FDIC shouldn't be sacrificed any further. Mr. Morgenthau told Mr. Crowley that we had been all through that and that Title I was just a part of the Administration's financial program. Mr. Crowley said he thought it was his duty to let Mr. Morgenthau know how he feels, and also what the Corporation is doing. He said that he is not worried about the loss to the Corporation in a few closed banks but that he is worried about losing 4000 banks and the effect on the fund and the banking structure of the country. He said that the bankers approved the new Title I, that it has been approved by the House, and the Senate Sub-committee approves it. He stated his belief that the Corporation cannot be gotten into shape for the permanent fund starting as of this date. He said he had been led by the two banking and currency committees to think that there would be legislation before July 1 and so no notification to the banks on the present permanent fund would be necessary. If notice is now sent to the State Bank Supervisors there will be meetings in all the State groups and withdrawals of State non-member banks from the fund. It is a serious matter and the necessary arrangements cannot be made between now and June 30th. Mr. O'Connor said that the Corporation is in a jam. Even if the Bill came out of the Committee tomorrow it could not be passed by June 30th. There will have to be a conference between the two Houses because some things in the House Bill cannot be Regraded Unclassified left as they are. Some things were put in for trading purposes. 66 Mr. O'Connor said there had been 8. meeting of the FDIC Board and it was agreed to send notices out at once. He said a letter had been approved. He is asking the Federal Reserve Board for 6000 copies of the regulation which they must provide, which he will send the National banks. He added that none of us wanted to disturb the banking structure unless it is necessary. Mr. Morgenthau suggested that if anything is done he thinks it ought to be joint action and a joint statement to the press for the information of the public on the reasons for taking the action. Mr. O'Connor thinks there ought to be no statement of any kind to the public and no publicity. Mr. Morgenthau said that he differed with Mr. O'Connor. He thought there should be a joint statement from the Federal Reserve System, the FDIC, the Comptroller, and, perhaps the RFC, which is a stockholder in many of the banks. He asked those present what their best guess was as to the reaction on the Hill if a statement were sent out on Saturday and on Monday received by the banks. Would Congress try to pass the bill or would they prefer to let the present permanent plan go into effect? Mr. O'Connor was of the opinion that the House would like to see the present permanent plan go into effect. Mr. Crowley was of the opinion that there would at least be 30 days debate on what to do. He said there is e deadlock and that some would like to hold off permanently. Nothing can be passed without a compromise. They spent 10 days in the Senate Sub-committee on -5- 67 Title I. They will take up Title III next. On the basis of time spent on Title I, the sub-committee will take 2 or 3 weeks on Title II. Mr. Morgenthau reported that Tom Smith is of the opinion that if Mr. Eccles will agree to an open market committee made up of 6 members of the Federal Reserve Board and 5 Governors that the bill can be passed as easily as snapping the fingers. Mr. Eccles said he did not think that was correct. He added that Senator Glass is opposed to the whole business -- that the 6-5 matter is an issue with the bankers but not with the committee. Mr. Morgenthau said that Tom Smith is pretty careful about making statements and that he wouldn't attach 80 much weight to that statement if someone else had made it. Mr. Crowley said that if there could be an agreement to a 6-5 open market committee - an upper limit of 25% reserves against deposits -- if Mr. Morgenthau would see Senator Glass -- the bill could be passed. Mr. Eccles said he had no objection to the upper limit of 25% for reserves against deposits and that the 6-5 open market committee was particularly a question for the Secretary to decide, but that he (Mr. Eccles) had no objection to it. Mr. Morgenthau recalled that the agreement prior to intro- duction of the bill was for a 3-2 open market committee. Mr. Eccles said that there were particularly good reasons for having 5 governors because it gave geographical representation to the four sections of the country and one member at large. Regraded Unclassified -6- 68 This committee, he thought, with an executive committee of three members of the Federal Reserve Board including the Governor, and two regional bank Governors would be an excellent arrangement. In response to an inquiry from Mr. Morgenthau, Mr. Eccles explained that he was on record beforethe committees for the Open Market Committee to be made up of the Federal Reserve Board with a group of Reserve Bank Governors acting in an advisory capacity. Mr. Morgenthau said that he felt that if there were an agreement reached by this group and if it were then giventhe O.K. of the President that the group must absolutely stick together on that agreement and all sing the same song. Mr. Eccles said he thought that was absolutely right. Mr. Morgenthau personally inclined toward letters to the banks and publicity with respect thereto to shock the country and the Hill into action. Mr. Eccles interposed to say that the organized opposition of the bankers is responsible for the delay. Mr. Morgenthau said that if that were true it makes Tom Smith's argument all the stronger. Asked by the Secretary for his opinion, Mr. O'Connor said that he had no expression of view to make on the composition of the Open Market Committee. Mr. Morgenthau said that it was agreeable to him that the Secretary and the Comptroller have no vote. He didn't care about that. He said they could then sit back and tell the Open Market Committee when it was wrong. He added that the President Regraded Unclassified -7- 69 disagreed with him on that and wanted the Secretary of the Treasury on the Board. Mr. Morgenthau suggested asking Tom Smith into the meeting for a statement on how he can make good upon his statement that the bill could be passed if a 6-5 Open Market Committee was agreed to. Mr. Crowley said he thought it would be possible to get the 6-5 compromise but he thought the Secretary should see Senator Glass in any event. Mr. Morgenthau is under the impression that the President should see Senator Glass with him and Mr. Eccles. He added that if Mr. Eccles is an irritation to Senator Glass it might be well to leave him at home, to which Mr. Eccles cordially agreed. Mr. Morgenthau said he wasn't going to have any more compli- cation of the President and Senator Glass differing in the stories that they tell about their conversations and agreements -- that the thing to do was to get them together. Mr. Morgenthau said he thought a combined statement could be prepared and the Senate leaders told that it is going to be sent out. Mr. Crowley thought that was O.K. but we might be playing 8 joke on ourselves -- that it is past the time for any scare. Mr. Morgenthau said that so far as he was concerned it was not a bluff -- that he took his oath of office seriously. Mr. Eccles said that he would suggest the group agree on a program, then have the President call Senator Glass down Regraded Unclassified 70 -8- and try to get the whole Banking Act through. If that is found to be impossible prepare a resolution for a 30 day extension of the temporary insurance plan. Mr. Morgenthau said that he thought Mr. Eccles, Mr. Crowley with and Mr. O'Connor did not fulfill the duties/which they are charged. He was of the opinion that many bankers would think the delay and inaction outrageous, and any others who might know of it. Mr. O'Connor thought that the situation was pretty well understood all around. Mr. Eccles said an extension of the temporary fund must be secured or the notices sent out. Mr. Crowley was of the opinion that there would be no exten- sion now. Mr. Oliphant was in favor of sending out notices at once. At this point Mr. Tom Smith joined the group. Mr. Morgenthau explained the situation to him, indicating that there had been discussion of sending out 8 letter on sub- scriptions to the permanent insurance fund and told him that he had reported to the group what Mr. Smith had said about getting the bill passed and Mr. Smith agreed that he thought there was a good chance of passing the bill if they could get an agreement of 6-5 Open Market Committee and a 25% top on deposit reserves. He said he thought it could be brought about. Mr. Morgenthau and Mr. Oliphant thought that the notice to the banks should be sent out anyway -- that there is no assurance and there can be no définite assurance that the bill will pass. There are always possibilities of a fillibuster. Regraded Unclassified -9- 71 Mr. Crowley was in favor of giving a few days time before sending out the announcements. He thought they would have 8 bad effect on the banking system. Mr. Oliphant was opposed to any delay and his comment was that there were a number of members in the Senate who whuld delight in embarrassing the Administration by consenting to a delay and then passing the plan. Mr. Morgenthau said he was interested in doing the moral and legal thing and that his interest is in what is right. What explanation, he said, can I, as fiscal officer of the Administration, give if I have not advised the President and the public of the situation. At least two weeks notice is due the bankers. I think there is justified criticism of myself and my associates that the thing has not been brought to a head sooner. Mr. Oliphant pointed out that the Boards of Directors of the various banks must determine whether to go into the permanent fund and that it will be impossible to arrange Board meetings for that purpose between now and July 1. He was willing to agree on B. 6-5 Open Market Committee but said that if there was any expectation of getting complete agreement on the bill that there would be no bill before June 30th. Mr. Morgenthau was of the opinion that if the notices were sent out, he and his associates would have done their duty. Mr. O'Connor agreed that we must protect ourselves. Mr. Ecles agreed that notice should be sent out unless there was a 30 day extension at once. Mr. Morgenthau said he thought it was not only good public Regraded Unclassified -10- 72 psychology but common decency to send out notices at once. Mr. Ecoles said that even if the notices were sent out it might still not be sufficient time or notice to the banks and suggested that we ask for 30 day extension also. Mr. Morgenthau was opposed to this and said that Senator Glass would inquire why this had not been suggested sooner. Mr. Crowley said that Title I had been tied to Title II in order to pass Title II. He suggested that if EL conference with the Hill brought about an agreement to pass Title II in some form eventually that it might be well to pass Title I at once, and then pass Title II on July 10 or some other date following the first of the month. Mr. Oliphant suggested the possibility of sending out the notice, having conference with the Hill, waiting 10 days and then provide for 30 day extension. Mr. Crowley was of the opinion that they wouldn't be able to get a 30 day extension. Mr. Eccles said it would be impossible to get Title I alone through the House. He said that they shouldn't permit Senator Class and the bankers to determine what legislation to pass. Mr. Oliphant said we had the same situation on the Gold Reserve Act and if it had gone to the Glass sub-committee instead the of to the whole committee, that/same situation would have resulted. Mr. Morgenthau said that if all agreed he would recommend to the President, (1) that a notice would go out Saturday night to the banks, (2) that there would be a joint publicity statement for Monday papers, (3) that the President would agree to a 6-5 Regraded Unclassified -11- 73 Open Market Committee for trading purposes and that he would send for anybody that he wished to make the best bargain he can. It was agreed that the 25% top limit for reserves would be included also. Mr. O'Connor said that he was for that plan. He said there was brief time and wondered if he should prepare certificates. A committee was appointed to draw up the joint publicity state- ment composed of Mr. Upham, Mr. Elliott Thurston, Mr. Folger. Mr. Crowley said he would name a representative of the FDIC later. Mr. Smith said that Senator Glass would be out of the city next Monday, Tuesday and Wednesday. He asked what he might say to the bankers on all this. Mr. Morgenthau asked that he say nothing until they would go across the street to see the President. Mr. Morgenthau called Marvin MacIntyre and told him that the group present in his office were all in agreement and they would like to see the President for 15 minutes. The President was unable to see the group at that time, but Mr. Morgenthau went into an adjoining room and talked with him on the 'phone. Mr. Morgenthau returned and reported that the President would agree to B 6-4 Open Market Committee but not 6-5. Asked by Mr. Morgenthau if he gave a damn, Mr. Smith said that he certainly did give a damn -- that it made a great deal of difference -- that to get a different type of representation with 5 means a greater dispersion over the country. Mr. Eccles interposed to say that the President would take 8-5 -- that he had it in writing. Regraded Unclassified -12- 74 Mr. Morgenthau said that the President would not see Senator Glass and that he was leaving the whole thing to him. Mr. Morgenthau at this point was called on the telephone by the White House and told that the President had arranged an appointment for the Secretary with Senator Fletcher at 11 tomorrow morning. Mr. Smith asked how about 8 to 5 and Mr. Eccles reported again that he had the President in writing on that. Mr. Smith said that he would talk to his associates about 8 to 5. Mr. Eccles, Mr. Coolidge and Mr. Crowley all said that they prefer 8 to 5. Mr. Morgenthau again called the White House and confirmed the 8 to 5 as O.K. with the President. During the discussion Mr. Smith asked about the amendment to the Utility Bill which should bar bank officers and directors from serving at the same time on utility boards. Mr. Talley of the RFC said that he was for the amendment. Mr. Smith and Mr. Coolidge thought it very important that it be killed and Mr. Morgenthau said that with all the other things on his mind he couldn't get excited about it. Regraded Unclassified June 13th 75 H.M.Jr. called Mr. Choate and the following is their conversation: H.M.Jr: I was talking to the President this morning on your bill and I told him that as far as we are concerned there is no misunderstanding as to where we want to s.ee this control. We do not want it in the Treasury. Choate: The Ways and Means Committee boys thought you wanted it. Then Mr. Morgenthau gave Mr. Choate the gist of his conversation which he had with Mr. Doughton yesterday. (A copy of this conversation can be found under date of June 12th in the telephone records.) H.M.Jr: Bell tells me that some of the Committee was down to see him and said that they would like to see it in the Treasury. I told the Press two weeks ago that I thought you did a grand job and that I wanted to see FACA under your control. I do not want to go into the social aspects of the thing. I am 100% for having FACA stay with you and they are trying to play us off one against the other. Regraded Unclassified AS 11:00 And the President beving 76 June 14th Secretary Morpesthau, Under orantee lest C.B. Theres called or the Greeny Tom Smith came in and said that he contacted the bankers last night (officers of the American Bankers' Association) and they stick by six to five. and currency Goodsitee, Degator symes MOLD 4200 present Mr. expirined the situation with 500 TO security FOR caving otops 50 your into effect the personality insurance plan an July 2, in the almande of 00 soup prior to that time. de teld no the meeting E.75 316 restarcing with 035 at the Pederal Decerve worm, the est the Moderal Deposit Insurance Corporation, 15a or the Customer. and repronentatives of the Competion, NV which shore Y/A that - Finant officers K the 50118 us Longue relf LOVE signatution of Auglidation online the Sy VAS ADDRESS that 189 FILES circule as notified w MO have class X 03058- NATURE K the Mend Deposit Comporation before Love of Fistcher sat MR. Immes 2014 shows the - MAR prepared No give to press explaining tis name Tse agen the health for applications for DAVE with advised that 16 be and out. Sector THE ISS V65 - 4010 to tayor of 10 then TUBE works narline, Insurance be had Sant cose com a mms. bacing the making Let of 1935 in shares. 42167 4 Diven nimbe associate case people does town, and because - Regraded Unclassified June 14, 1935. 77 At 11:00 A.M., the President having arranged for the appointment, Secretary Morgenthau, Under Secretary Coolidge, Charles West and C.B. Upham called at the office of Senator Duncan U. Fletcher, of Florida, Chairman of theSenate Banking and Currency Committee. Senator Byrnes was also present. Mr. Morgenthau explained the situation with respect to the necessity for taking steps to put into effect the permanent deposit insurance plan on July 1, in the absence of legislation on the subject prior to that time. He told of the meeting in his office yesterday with the Governor of the Federal Reserve System, the Chairman of the Federal Deposit Insurance Corporation, the Comptroller of the Currency, and representatives of the Reconstruction Finance Corporation, at which there was agreement that the fiscal officers of the Government could no longer rely upon expectation of legislation before July 1, and agreement that the banks should be notified that they must become Class A stock- holders of the Federal Deposit Insurance Corporation before that date. Mr. Fletcher and Mr. Byrnes were shown the statement which had been prepared to give to the press explaining the necessity for calling upon the banks for applications for Class A stock, and both advised that it be sent out. Senator Byrnes said that he was even more in favor of it than he would have been an hour earlier, because he had just come from a meeting of the subcommittee having the Banking Act of 1935 in charge, and that it had adjourned after a fifteen minute session, because Senator Glass had to meet some people down town, and because Senator Glass, who lives at the Regraded Unclassified ⑉2⑉ 78 Raleigh Hotel, has had little sleep for two or three nights on account of the Shriners Convention. Moreover, because Senator Glass is to be away Monday and Tuesday of next week having degrees conferred on him, the consideration of Title II of the Bill was postponed until next Wednesday. Mr. Byrnes said that there was quite & difference of opinion among the members of the Committee. Senator Bulkley, he said, is almost ready to go to the idea proposed by Mr. Vanderlip in his testimony, and shut the bankers out entirely, giving complete con- trol to the Government. Senator Couzens is going to the hospital and will not be back this session. He is leaving a memorandum with Townsend and giving him authority to vote for him. Senator Couzens has been talked around to agreeing to a 6-5 open market committee, Mr. Byrnes thinks. Both Senator Byrnes and Senator Fletcher deplored the delay and inaction of the subcommittee, and Senator Fletcher said that the full committee ought to take the bill away from the subcommittee. Senator Byrnes said he had pressed Senator Glass so hard that even so good a friend as he had always been , now passed him no more than a Good Morning. All the rest of the subcommittee agree readily to any suggestion Senator Glass makes about putting off consideration of Title II or postponing meetings of the subcommittee. Senator Byrnes said he thought the issuance of a publicity statement would help the bill's chances of passage and that some action was needed. Senator Byrnes referred to a proposal that all members of the Federal Reserve Board be made Covernors and that they be permitted Regraded Unclassified to elect their own Chairman. Mr. Morgentheu was of the opinion 79 that the President should appoint the Chairman of the Board. Senator Byrnes said there were various proposals to leave the Comptroller off the Board or to leave both the Secretary and the Comptroller off the Board. Mr. Morgenthau said that personally he was not eager to be a member of the Board, in fact, would prefer not to be, but that the President wanted him on the Board, and that settled it -- that he would go along with the President. He added that the Secretary and the Comptroller should be treated alike, either both left on or both removed. During the course of the conference, Mr. Upham was called to the telephone and informed by Elliott Thurston that the Federal Reserve Board, in session at the time, had voted unanimously that in their opinion no statement should be given to the public, and that if one was, the Federal Reserve Board would not participate in it. At. Mr. Morgenthau's request, Mr. Upham telephoned to Mr. Crow- ley to be in the office of the Secretary in 15 minutes on an emergency matter. He also tried to reach Mr. O'Connor with the same message. Upon being told by Governor Ecoles' secretary that Mr. O'Connor was on another telephone, Miss Egbert was asked to give the message to Mr. O'COnnor. Upon returning to the Secretary's office, Mr. Crowley appeared, and Mr. Morgenthau called Mr. O'Connor at the Federal Reserve Board meeting. Upon his return to his own office, Mr. Upham was given 8. message from Miss Egbert to the effect that Mr. O'Connor would come to the Secretary's office if he got out of the Board meeting, but that he doubted that he would get Regraded Unclassified 80 out in time. Mr. Morgenthau talked to Governor Eccles on the telphone, and Governor Eccles confirmed the action of the Federal Reserve Board, and told Mr. Morgenthau that the Board felt that it had no respon- sibility in the matter, other than to issue the necessary regula- tions, and to certify member State banks when asked to do so by the Federal Deposit Insurance Corporation. Mr. Morgenthah told even him that the statement would be made/if it had to be made by the Secretary of the Treasury. Mr. O'Connor, who came out of the Federal Reserve Board meet- ing to talk to the Secretary, told him, after ascertaining that frank speaking was acceptable, that he thought it most inadvisable that any statement be made to the public, that it would be very upsetting to the banks and bank depositors, and might result in serious banking disarrangements. Upon being informed of the action of the Federal Reserve Board, Mr. Crowley said that he would issue the statement by himself. Asked if Mr. Goldsborough would go along with him in such action, mr. Crowley replied in the affirmative. When Mr. Upham returned to his office he found a communication from Mr. Crowley to the effect that his Board had voted that before any statement should be given out to the public, there should be a joint meeting of the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency to discuss it. Regraded Unclassified 50A June 14, 1935. Friday. Marriner S. Eccles: - occasion and no responsibility whatever except for the certification of the member banks, or in short, when they're submitted to the F.D.I.C. H.M.Jr: Well, have you got - how - don't you make the rules and regulations? E: Don't we what, you say? H.M.Jr: Make the rules and regulations. E: Well, they make - no, they only make one regulation. They deposits. make a regulation as to the method of concluding H.M.Jr: Are those - 1a that regulation - & That regulation - the regulation is out. The Board just - it's been out for some time. The already had most of the work done on it; it was just a question of fixing the date of the bank statements that they wanted to use, see? H.M.Jr: I see. E: And we've discussed it with the Comptroller - he's here now, and the dates are fixed and the regulation has been just adopted by the Board in conformity with the law. H.M.Jr: Yes. E: And the regulation will be out in the - we'll wire it as to the Federal Reserve Bank and ask the Federal Reserve Bank to send it so it will - it can be in the hands of every bank tomorrow morning. H.M.Jr: Well, who do you think ought to sign that statement? E: I think nobody but Crowley. I don't think that either the - I don't think the Comptroller ought to do it and I don't believe the Treasury ought to do it, for this reason, that 8. statement going out - now, I'm speaking of it psychologically and not legally - but if state- ments go out signed by the Governors of Federal Reserve Board and the Comptroller and the Treasury, it gives too much importance to this thing. It - I think we ought to treat it just as a normal matter and not throw a lot of scare and get a lot of headlines on it. H.M.Jr: Well, do you think it 1s a normal matter? E: What is it? H.M.Jr: Do you think it's a normal matter? Regraded Unclassified 80 B - 2 - E: I think it is. I think it's simply complying with the law, and to do - to treat it any other way, I really think it would be a mistake. H.M.Jr: Well - they voted on it, did they? E: They voted on it this morning. H.M.Jr: All.right. E: I hope you feel the same way about it. H.M.Jr: Well, I'm going to get the statement out if I have to sign it alone. E: Well, I - of course - you shouldn't sign it though by all means. H.M.Jr: Yes, but the statement is going to go out - E: Well, the statement should go out immediately. H.M.Jr: - and if the only person to sign it - I'll sign it. E: Well, it's up to Crowley - it's up to the F.D.I.C. Board to put the statement out. I mean, that's their legal responsibility, and there's no reason at all for you to do it or for you to take the responsibility of 1t, and as far as I'm personally concerned, I don't have any hesitancy at all about doing it - but, as Governor of the Board I can't do it unless the Board approves of it. H.M.Jr: Yes, that's all right. E: You know that. H.M.Jr: Yes. E: And, of course, you also know the general situation here. H.M.Jr: All right, Marriner. E: All right. H.M.Jr: O.K. E: All right, goodbye. Regraded Unclassified June 14, 1935. $0C Friday. H.M.Jr: Hello. James Moffett: Hello, Henry? H.M.Jr: Yes, Jimmy, how are you? M: This sub-committee of ours will meet this morning in anticipating that the subject may be discussed H.M.Jr: Yes. M: You - you do not approve of taking the Secretary and the Comptroller the Board so far as voting is con- cerned, do you? H.M.Jr: Well, Jimmy, this is - there's a difference on this be- tween the President and myself. M: Yes. H.M.Jr: Just a minute, please. (Would you mind stepping out 8. minute?) Just hold the wire, please. I couldn't talk. Hello. M: Yes. H.M.Jr: I had Mr. Frazier, President of the International Bank of Basle, but he's now with the New York Bank; I couldn't talk. M: Right. H.M.Jr: Now, here's the thing. We had all of the governmental agencies affected in here yesterday by this, do you see? M: Yes. H.M.Jr: And then we called in Tom Smith who represents the Ameri- can Banker. M: Yes. H.M.Jr: Then we had two or three talks with the President. M: Yes. H.M.Jr: Now, the President said confidentially for trading purposes he'd be willing to go eight to five, see? M: Eight to five. H.M.Jr: Yes, or six to four. Hello. M: I figured eight to five. H.M.Jr: Eight to five. Regraded Unclassified to - 2 - M: Yes. H.M.Jr: Now, the President insists that I stay on the Federal Reserve and I vote. M: Yes. H.M.Jr: The American Bankers who have been very decent on this thing insist that they don't want the Secretary of the Treasury or the Controller to vote on the open market. Personally, I - I don't give & darm, see? M: Yes. H.M.Jr: And - but the President is very insistent that the Secretary of the Treasury should stay on the Federal Reserve and he had told them that. M: Take that on the ground without public interest H.M.Jr: Yes, Now, the President made the appointment for me to go and see Senator Fletcher this morning at 11:15 on this subject. M: Yes. Trouble is we're meeting at 10:30. I just left H.M.Jr: Well, now he called up Senator Fletcher and said, I'm sending up the Secretary of the Treasury to see you on this. M: Well - H.M.Jr: And I asked Charlie West to be there so that there wouldn't be any misunderstanding, see? M: The trouble is, he don't set in on the sub-committee. H.M.Jr: Who? M: Fletcher. H.M.Jr: Well, I - but, this is what happened yesterday and I could tell you for trading purposes the President will go to eight to five or six to four. But, he will not do what the Bankers want nor what Glass wants and that is six to five. M: No. H.M.Jr: Because that - M: Well, how about this - H.M.Jr: You see, that leaves the Secretary of the Treasury and Regraded Unclassified To - 3 - the Comptroller off voting M: Well, I'm agreeable keeping them both H.M.Jr: Pardon me? M: If you keep both of them on, both voting H.M.Jr: Yes. Well, that's eight to five. M: That's eight to five. That'll go that far; that's what I told them. H.M.Jr: Well, the President - all he'll go is - as far as they can shove him is eight to five. M: Well, that's my - I'm on that. Now, let me ask you - H.M.Jr: Yes. M: This thing of the Governors - calling them Governors the Board selecting its own chair- man. What's he got to say about that? H.M.Jr: I never took it up with him; I don't know. M: What do you think best? H.M.Jr: You'll have to repeat it because I don't quite get it. M: The proposal of fellows was, and I know that certainly Glass seemed to favor it. H.M.Jr: Yes. M: That - called the method of the Board of Governors - H.M.Jr: Yes. M: members of the Board and they've selected each one, you see, as a Governor. H.M.Jr: Yes. M: And they select their chairman instead of the chairman being appointed by the President. H.M.Jr: The chairman of this - M: Federal Reserve Board. H.M.Jr: Well, the President now appoints the chairman, doesn't he? M: Well, that's what they want stopped and have the chairman selected by the members themselves. Regraded Unclassified 80h - 4 - H.M.Jr: Oh, I don't think so. I think that - that - I mean, it's never been put up to me before and I'd have to give you a curb stone opinion. M: Well, let's take Interstate Commerce Commission - H.M.Jr: Well, I'd have to give you curb stone and my curb stone opinion is that the President should appoint the chair- man. M: Well, that would be mine. H.M.Jr: Well, that's just curb stone; no one has ever asked me before. M: What else did you determine upon? H.M.Jr: Well, the only other point was this quostion of 25% re- serve and - M: You're fixing the H.M.Jr: The reserve that the - that they can't change reserves from 25%, see? I mean, as I understand it they wanted to have it so the Federal Reserve Board could increase or decrease the amount of the reserves, you see? M: Yes. H.M.Jr: But they want to have - leave it the way it is which is now 25%. Now, those are the only two things that - M: Now, H.M.Jr: Yes, I think that's the way it is. I'm a little hazy on it, but I know they kept talking about 25% reserve, see? M: Yes. H.M.Jr: There's just two things, that Tom Smith said that they - everybody would be happy 1f they'd make it six to five and leave the reserve to 25%. You know, I'm not a banker. M: Yes. H.M.Jr: So, we agreed on the 25%; I didn't even put it up to the President, see, because the whole guts of this thing, Jinury, is the question of this open market committee, see? M: Yes. H.M.Jr: That's the whole thing and Tom Smith was back here this morning again. He said, well, we've got to fight on this thing. I said, well, I'm sorry, Tom. And he said, well, Regraded Unclassified TOG - 5 - we can't do better - we can't do better than six to five and I said, well, this Administration cannot meet you on that. M: Well, if necessary, we'll have - if necessary, we'll take the Comptroller off and put another member on. It would be putting another member on the Board. H.M.Jr: Well, that would be all right, but the President in- sists - the President insists that the Secretary of the Treasury stays on. If you take the Comptroller off you've got to take care of his salary, though. See? Because he gets part of his salary from being a member of the Federal Reserve Board, you know. M: All right. H.M.Jr: So you'd have to take care of his salary. M: Well, we'll do that.. H.M.Jr: What? M: We'll do that. H.M.Jr: Yes. M: All right. H.M.Jr: Now, I'm here and - I wasn't doing anything until yester- day; now the President has kind of pinned this thing on me. M: Well, it was - after you get through this morning, I'll tell you what's happened and then you can keep up to date on it. H.M.Jr: And I will be at Senator Fletcher's office at 11:15 at the President's request. M: All right, good. H.M.Jr: God bless you and I'm glad you're in it. M: Goodbye. Regraded Unclassified to H June 14, 1935. Friday. J.F.T. 0'Connor: Yes, H.M.Jr: - about my going off the Board and your going off the Board. O'C: Yes. H.M.Jr: And then he said - I told him that we were willing to go eight to five and nothing else. O'C: That's right. H.M.Jr: And then he said, what about the Controller's going off the Board and you staying on and creating a vacancy and then we could put a new member. I said, no, whatever you do the Comptroller and I either stay on or go off together. 0'0: I'm with you a hundred percent. H.M.Jr: Now, I want you to know that. O'C: I'm a hundred percent with you, but - now, I - those - that committee - I don't think I told you came to see me a couple of times and I said this - and - this point hasn't been emphasized. Can I take & second? H.M.Jr: Surely. O'C: This point hasn't been emphasized and that is, they talk about political control and this man. I said, do you realize where the greatest control of this nation is today over money? Well, that's over a two billion dollar profit in the hands of one man, and have you found any complaint anywhere in this country about it? I said, I haven't got that, the Federal Reserve and the Federal Deposit haven't gotthat - haven't got any responsibility such as that and have you found any com- plaint? Well, they said, no they hadn't. Well, I said, all right; that's the answer. H.M.Jr: Well, I just wanted - O'C: Well, you're dead right. H.M.Jr: I don't know where that idea came from. 0'0: Well, I know where it came from. H.M.Jr: Well, I - I - 0'C: It came from the same source that's been fighting us right along. Regraded Unclassified TOD - 2 - H.M.Jr: Well, I wanted to tell you 80 in case you heard about it. I've taken the position that the two of us either go on or stay off. 0'0: I'm with you a hundred percent. suppor no Rottle Mriday, H.M.Jr: O.k. kSa bax 0'0: Thank you. a Sul W prepared for 20 Dis pregram, H.M.Jr: Goodbye. and organization M - Polices) Inhoritance Its Graduate In Tx Tax ORE cop Inspense The other tax Items EAD 04 Ulw By - secretary Did 43.71 105 sures Issue Consumsary Identify and Tax exempt security The 12 INVOICE with 234 President to monthly 90 12 mee or loss or - compatgo document loying citydes the Magia at to where 200 stands. Se doos not april M - - du 1st gives the people a year to think 16 - 0 - - 46 0 - Pat Hospital called up Sata windle not Mr. that be wanted to ER orer the MM ath NIN and 12. Norgwothms 1034 Pat that be WOD always clad to 10 over axprehing with We but It RI the Presidents Box vanted to 500 on the the progres and and blood? - that M and entirely 10 the hists of the President, Too Units fold Mr. - esso 76 with was DOES SS Director of the Mr. BargatChes 100/0 THAT we bankers when M his last alizhs and advised No 4K42008 taking LE, bescure the new dive VA. talt wash be who 500 VOTA Uset ha could essay Regraded Unclassified S1 June 14th Last night Mr. and Mrs. Morgenthau had supper at the White House - celebrating Bobby Fitzmaurice's birthday. After supper the President discussed his tax program message. Ray Moley rewrote the message that we prepared for the President. The taxes included in the President's program, which he feels are important and essential, are as follows: Inheritance Tax Graduate Tax Inter-corporate Tax Tax on top incomes The other tax items can go into the omnibus section. They are: 10% surtax less dividend Unnecessary surpluses Discovery and Depletion Tax exempt securities The tax message which the President is sending up is more or less of a campaign document laying down the principles as to where he stands. He does not expect any action on this but gives the people a year to think it over. ********* Pat Harrison called up this morning and told Mr. Morgenthau that he wanted to go over the new taxes with him and Mr. Morgenthau told Pat Harrison that he was always glad to go over anything with him but it was the President he wanted to see on the tax program and not himself - that it was entirely in the hands of the President. Tom Smith told Mr. Morgenthau to-day that he could not come as Director of the Budget. Mr. Morgenthau feels that the bankers worked on him last night and advised him against taking it, because the other day Mr. Morgenthau felt that he was 50% sure that he could come. Regraded Unclassified 82 H.M.Jr. then called Jefty O'Connor and told him that he had just come from the hill and had seen Senator Fletcher and Jimmy Byrnes and they are very anxious that the statement be given out in regard to the permanent insurance plan and that we go ahead. (Statement attached herewith). Crowley says that he is perfectly willing to sign the statement alone and Eccles feels that nobody but Mr. Crowley ought to sign the statement. Mr. Morgenthau then asked Mr. O'Connor how he felt and he frankly told him that he thought it was a great mistake to give out any statement at this time. However, Mr. Morgenthau informed Mr. O'Connor that he, Coolidge and the President all agreed heartily in favor of giving out the statement to which Mr. O'Connor replied that if Mr. Morgen- thau decided to do it he would go along with him. Mr. Morgenthau also told Mr. O'Connor that when Jimmy Byrnes raised the question of Mr. Morgenthau staying on as a Member of the Federal Reserve Board and possibly the Comptroller going off Mr. Morgenthau made it very clear that either both stayed on the Board or both went off. Regraded Unclassified 83 The permanent insurance plan provided for by Section 12 B of the Federal Reserve Act, as amended, will become operative under the terms of the present law on July 1. 1935. In order, however, to obtain the benefits of the permanent insurance, every bank which is & member of the temporary Federal Deposit Insurance Fund must become & Class A stockholder of the corporation on or before July 1, 1935. For this purpose the corporation 18 sending out the necessary application forms to all such banks. As the amount of stock which each bank is required to subscribe and pay for must be computed in accordance with regulations prescribed by the Federal Reserve Board, that Board has promilgated the necessary regulation and copies of the regulation are being sent to all banks which are members of the temporary fund. The law requires that upon receipt of the application of each member bank, the corporation shall request the Federal Reserve Board, in the case of a. State member bank, or the Comptroller of the Currency, in the case of a National bank, to certify as to the adequacy of the assets of the applying bank to enable it to meet all of its liabilities to depositors and other creditors as shown by its books. State banks which are not members of the Federal Reserve System must also apply for Class A stock, but inasmuch as the necessary certification was furnished by the State Supervisory authorities at the time of their admission to the fund, no further certification is required. Blank forms which may be used in applying for Class A stock in the Corporation are being sent out to the banks and plans are being completed for putting the permanent plan into effect on July 1. Regraded Unclassified 84 mae In order that the transition from the temporary fund to the permanent insurance may be effected smoothly and without unnecessary delay or confusion, it 1s urged that every bank fill out its application and file it with the office of the Federal Deposit Insurance Corporation promptly upon receipt. The permanent insurance plan was scheduled to go into effect on July 1, 1934, but the effective date was postponed for one year by the Congress. A revised plan for permanent insurance is now pending before & subcommittee of the Senate Committee on Banking and Currency, having been passed by the House of Representatives on May 9. In view of the Impossibility of definite assurance that this legislation, included in the Banking Act of 1935, will be enacted before July 1, the Federal Deposit Insurance Corporation is accordingly prepared to receive applications for continuance of insurance coverage. Regraded Unclassified 85 After Mr. Morgenthau returned from the Hill he had the following conversation with Mr. Eccles. Marriner S. Eccles: - occasion and no responsibility whatever except for the certification of the member banks, or in short, when they're submitted to the F.D.I.C. H.M.Jr: Well, have you got - how - don't you make the rules and regulations? E: Don't we what, you say? H.M.Jr: Malce the rules and regulations. in Well, they make - no, they only make one regulation. They make B. regulation as to the method of concluding deposits. F.M.Jr: Are those - is that regulation - E: That regulation - the regulation is out. The Board just - it's been out for some time. The already had most of the work done on it; it was just a question of fixing the date of the bank statements that they wanted to use, see? H.M.Jr: I see. E: And we've discussed it with the Comptroller - he's here now, and the dates are fixed and the regulation has been just adopted by the Board in conformity with the law. H.M.Jr: Yes. in And the regulation will be out in the - we'll wire it as to the Federal Reserve Bank and ask the Federal Reserve Bank to send it so it will - it can be in the hands of every bank tomorrow morning. H.M.Jr: Well, who do you think ought to sign that statement? E: I think nobody but Crowley. I don't think that either the - I don't think the Comptroller ought to do it and I don't believe the Treasury ought to do it, for this reason, that & statement going out - now, I'm speaking of it psychologically and not legally - but if state- ments go out signed by the Governors of Federal Reserve Board and the Comptroller and the Treasury, it gives too much importance to this thing. It - I think we ought to treat it just as a. normal matter and not throw a lot of scare and get a lot of headlines on it. H.M.Jr: Well, do you think it is a normal matter? Regraded Unclassified - 2 - 86 E: What is it? H.M.Jr: Do you think it's a normal matter? E: I think it is. I think it's simply complying with the law, and to do - to treat it any other way, I really think it would be a mistake. H.M.Jr: Well - they voted on it, did they? E: They voted on it this morning. H.M.Jr: All right. E: I hope you feel the same way about it. H.M.Jr: Well, I'm going to get the statement out if I have to sign it alone. E: Well, I - of course - you shouldn't sign it though by all means. H.M.Jr: Yes, but the statement is going to go out - E: Well, the statement should go out immediately. H.M.Jr: - and if the only person to sign it - I'll sign it. E: Well, it's up to Crowley - it's up to the F.D.I.C. Board to put the statement out. I mean, that's their legal responsibility, and there's no reason at all for you to do it or for you to take the responsibility of it, and as far as I'm personally concerned, I don't have any hesitancy at all about doing it - but, as Governor of the Board I can't do it unless the Board approves of it. H.M.Jr: Yes, that's all right. E: You know that. H.M.Jr: Yes. E: And, of course, you also know the general situation here. H.M.Jr: All right, Marriner. E: All right. H.M.Jr: O.K. E: All right, goodbye. Regraded Unclassified TREASURY DEPARTMENT 87 Inter Office Communication Date June 14, 1935. To Secretary Morgenthau From Mr. Oliphant In connection with the case against Dr. Bernard Cohen and Druggist Oscar Garten for violation of the Narcotics laws, Dr. Cohen claimed that treatments given-by him to narcotics addicts had been with the consent and approval of the Narcotics enforcement officer in his district. You asked that an examination be made to determine whether and to what extent the Bureau should take action to prevent the repetition of such cases. Our study indicates that there is no acceptable method of assisting physicians to determine their action in indi- vidual cases. The other alternative is to issue instructions to all Narcotics officers to be on their guard against any commmunications with physicians which will indicate a concur- rence in or acceptance of the treatment of any individual patient. For this purpose the attached draft of instructions has been prepared. If you agree, please return the file to me and I will forward it to Deputy Commissioner Wood with appropriate advice. (Signed) Herman Oliphant. Regraded Unclassified TO NARCOTIC DISTRICT SUPERVISORS AND OTHERS CONCERNED: It has come to the attention of the Bureau that, in certain instances, narcotic officers have adopted the practice of advis- ing applicants as to the propriety of administering narcotics in specific cases concerning which the applicant may be in doubt. Your attention is directed to the statement contained in Narcotic Pamphlet N-No. 56, revised, that; "The Bureau is not charged with the duty of laying down any fixed rule as to the furnishing of drugs or the fre- quency of the prescriptions in any particular case." It is recognized that narcotic officers receive numerous re- quests for advice in prescribing and dispensing narcotics in specific cases on which a ruling may be desired either because of a bona fide lack of understanding of the law and regulations by the applicant, or because of a desire to attempt to shift to the officer and the Bureau the responsibility in questionable cases. Every case where the dispensing of narcotics is concerned presents different circumstances and it is impossible to formulate regulations which will lay down definitely B. rule in every case that may be presented. Responsibility for the proper dispensing of narcotics 1s placed on the practitioner. The custom of advis- ing whether narcotics may or may not be prescribed in specific cases tends to result in B. lack of accuracy and encourages viola- tions of the law and regulations difficult to prosecute, since an unscrupulous, careless, or incompetent practitioner may apply a ruling in a case legitimately requiring the prescribing and dis- pensing of narcotics to a case of outward similarity, but which, In reality, does not require such prescribing and dispensing. A fferent interpretation by a narcotic agent or inspector of 8. situation in which an applicant has acted upon advice of another such officer may result in both the Bureau and the applicant being placed in an embarassing position. In the future all applications for interpretations of the law and regulations should be answered by forwarding to the applicant a copy of Narcotic Pamphlet N-No. 56, revised. In the event that information is given to any representative of the Bureau of B. treatment or prospective treatment by a physician, or application 1s made for an interpretation or advice as applied to any specific case or symptoms, the applicant, in addition to being furnished B. copy of the above-mentioned pamphlet, should be advised in the following, or similar, terms: "Under the Harrison Narcotic Law, a. physician is allowed to prescribe or dispense narcotic drugs in the course of his profes- sional practice only. The Bureau has no authority to grant per- mission to any physician to prescribe narcotic drugs for any person or under any circumstances. What constitutes professional practice and the good faith of the physician in any given case must neces- sarily be established by the facts and circumstances of that case, Regraded Unclassified - 2 - 89 the application of existing law, and the consensus of medical opinion with regard thereto, based on the experience of the medi- cal profession in cases of a similar nature. "While the Bureau is desirous of rendering every assistance possible, it feels that advice with reference to the prescribing and dispensing of narcotic drugs in any specific case would not only be wholly unauthorized, but might lead to misinterpretation of the Bureau's function. The responsibility for the proper dis- pensing of narcotics is one which the law places upon the physi- cian and which the Bureau can not assume." Narcotic officers and other employees of this Bureau will exercise care to avoid advice, comments, interpretations, or silence, which might be construed as authorizing the prescribing and dispensing of narcotics in any specific case. Commissioner. Regraded Unclassified TREASURY DEPARTMENT 90 INTER OFFICE COMMUNICATION DATE June 14, 1935 To Secretary Morgentheu FROM Mr. Haas On June 3, 1935, telegrams were sent to Collectors and Deputy Collectors of Internal Revenue, asking them to instruct their agents to obtain information from taxpayers regarding changes in rates of pay, hours of work, and volume of employment since May 25th. Of the returns received (1) 8,511 represented firms with an aggregate employ- ment of approximately 1,475,000 workers. In Table 1 these returns are distributed by Census geographic areas, indicating that all parts of the country are represented. Table 2 shows the general changes made by the 8,511 firms. The bulk of them, or 88 percent of the total, show no changes whatsoever. 384 firms, or 4.5 percent of the total, show decreases in pay, increases in hours, and decreases in employment. or some combination of two or three of these. These adverse changes affected 107,352 employees. This leaves 637 firms, or 7.5 percent of the total, showing increases in pay, decreases in hours, increases in employment, or some combination of two or three of these. More detailed information on firms showing adverse changes since May 25, 1935, can be obtained from Table 3. It can be seen that there were 36 firms which showed decreases in pay, or decreases in pay plus some other change. These firms employed 2,467 workers, or .2 percent of the total number. 195 firms show increases in hours or increases in hours plus some other change. These firms employed 22,729 workers, or 1.5 percent of the total. 153 firms reported decreases in the number of employees. These firms employed 82,156 workers, or 5.6 percent of the total. Little importance is to be attached to the last two categories since it may well be that such changes ordinarily take place at this time of the year. This is especially true in view of the fact that there were 637 firms which show favorable changes. In Table 4 all the firms showing adverse changes are classified by type of business. It is to be noted that an unusually large number of firms in trade show adverse changes. Of the 384, approximately (1) Some 750 returns were received but not tabulated either because they carried no information or because they were received too late for tabulation. their for z copies made Regraded Unclassified 91 - 2 - one half are in this group. However, they had only 21.8 percent of the number employed by firms in all groups, indicating that they were very small firms. The average number of workers per firm in all groups is approximately 280, while the average number per firm in the trade group is approximately 120, and in manufacturing approximately 590. Of course in the country as a whole the a verage per firm is smaller in trade than in manufacturing. of the 36 firms which decreased pay, 11 with an average number of approximately 50 are in the trade group and 20 with an average number of approximately 89 are in the manufacturing group. Box ordane THE Torth Fres Mota States Touth 7646 Smith list Smith Content 110t Regraded Unclassified 92 Table 1. Total Number of Returns Classified by Census Areas Census Area Number of Per Number of Per firms cent employees cent New England 723 8.5 150,618 10.2 Middle Atlantic 2,070 24.3 513,634 34.8 East North Central 1,435 16,9 361,772 24.5 West North Central 1,107 13.0 49,898 3.4 South Atlantic 1,171 13.7 210,027 14.2 East South Central 226 2.7 34,565 2.4 West South Central 915 10.7 103,192 7.0 Mountain 397 4,7 12,560 .9 Pacific 423 5.0 31,175 2.1 Not classified 44 .5 7,229 .5 Total 8,511 100.0 1,474,670 100.0 Regraded Unclassified 93 Table 2. Summary of changes shown by 8,511 returns, in rates of pay, hours of work and volume of employment. Number of Per Number of Per Number of returns cent employees cent employees affected Returns showing no changes 7,490 88.0 1,152,800 78.2 - Returns showing adverse changes. 384 4.5 107,352 7.3 19,120 Returns showing favorable changes 637 7.5 214,518 14.5 41,946 Total 8,511 100.0 1,474,670 100.0 Regraded Unclassified 94 Table 3. Distribution of 8,511 returns by types of changes made. Type of change Number of Per Number of Per Number of firms cent employees cent employees affected No changes 7,490 88.0 1,152,800 78.2 Decrease in pay and other changes 36 .4 2,467 .2 1,508 Increase in hours and other changes 195 2.3 22,729 1.5 12,882 Decrease in employees and other changes 153 1.8 82,156 5.6 4,730 Increase in pay and other changes 229 2.7 114,355 7.7 35,186 Decrease in hours and other changes 20 .2 3,957 .3 3,788 Increase in employees and other changes 388 4.6 96,206 6.5 2,972 Total 8,511 100.0 1,474,670 100.0 61,066 Regraded Unclassified 95 Table 4. Firms showing adverse changes classified by types of business Type of Number of Per- Number of Per- business firms cent employees cent affected Banking and finance 6 1.6 57 .1 Building 2 .5 119 .1 Manufacturing 136 35.4 80,427 74.9 Printing and publishing 7 1.8 2,079 1.9 Service 35 9.1 1,126 1.1 Trade 195 50.8 23,408 21.8 Miscellaneous 3 .8 136 .1 Total 384 100.0 107,352 100.0 Regraded Unclassified 96 June 3, 1935. Instruct your deputy collectors to obtain the following information when calling upon or interviewing taxpayers: Name of taxpayer. Nature of business. Number of employees on Saturday May twenty-five nineteen thirty-five. What changes have been made in rates of pay of employees since May twenty-five. Specify increase and number of workers affected, decrease and number of workers affected, or no change. What changes have been made in weekly hours of work since May twenty-five. Specify increase and number of workers affected, decrease and number of workers affected, or no change. What changes have been made in number of employees since May twenty-five. Specify increase and number of workers affected, decrease and number of workers affected, or no change. Send a separate return for each taxpayer interviewed to George C. Haas, Director of Research and Statistics Treasury Washington DC. Forward returns at end of each day by air mail. Guy T. Helvering, Commissioner. Regraded Unclassified Taken from Dow Jones Ticker - June 15, 1935 97 Pittman seen U. S. moving to lend gold and silver Washn - The increasing stocks of gold and silver in the United States can mean only one thing that is that the government 18 build- ing closer toward a stabilization of currencies Sen Pittman Demo- crat Nevada probably the silverite closest to the administration said Friday To effect stabilization however the United States must and will lend both gold and silver to foreign powers properly safe- guarded to carry out the stabilization agreements The Senator de- clared A responsible group of Senate Silverites led by Senator Pittman believe that the Treasury silver program is working splen- didly and successfully despite a disgruntled expression of sentiment coming from more aggressive quarters in Congress Sen Pittman states that the Treasury stock of gold having reached B. new high record does not interfere or present a problem in the carrying out of the silver program - anti-silver interest he points out are contending that the silver policy can never be carried out because the incoming gold is offsetting purchases of silver to date which were designed to bring the white metal to & one to three ratio to gold in the monetary reserves Sooner or later Sen Pittman explains the United States is going to have to part with some of its gold and silver in order to bring about effectively a permanent stabilization of currencies - then he predicts there will be an adjustment of gold and silver stocks in accordance with the policy laid down in the Silver Purchase Act - There is no danger of the United States getting too much gold or too much silver- the Senator stated - - the more we have the better we shall be able to dominate the negotiations for stabili- sation with the leading powers of the world on both a silver and gold basis - - if left alone the Senator contends the Treasury will work out its monetary program in 8. satisfactory way and - I have no doubt that the Treasury is living up to the spirit of the Congres- sional silver policy - Meanwhile Sen McCarran Dem Nev states that further silver moves by his bloc will be postponed until next week because he 18 leaving Washington for the middle west to make 8. series of speeches Entertaining views somewhat similar to those of his colleague Sen McCarran declares that the only permanent way to settle the silver issue is to stabilize the currencies of the leading powers of the world - more aggressive in his demands Sen McCarran declares that the Treasury bring the silver purchase program to a close by fixing 6 16 to 1 ratio between gold and silver - in order to do this he explains it will be necessary to devalue silver to obtain a mone- tary price of 2 dls 18c Regraded Unclassified 98 WASHINGTON POST ST: SUNDAY. MAY 5. 1935 BRITISH INCOME AND INHERITANCE TAXES Hypating Prom the 54. Louis Post-Dispatch. "I Balanced The British Budget. Want Yours Balanced?" During the temporary absence of Mr. Elderman, The Post's cartoonist, a symposlum of editorial reaction to current national and foreign affairs will be published from day to day in this space. The reprinted drawings will not necessarily represent our own viewpoint, but are selected as reflections of considered opinions on the passing scene. The editors of The Post wish to make full acknowledgment of the courtery of their contemporaries in granting permission for this procedure. Regraded Unclassified