Section 72.That the said 5 per centum so paid by the national banks to the American Reserve Bank as reserves against their savings deposits shall be invested in United States Government bonds or securities for the exclusive benefit of the savings depositors in the national banks as a savings bank fund, and the full interest earned upon said bonds shall be credited to the savings bank fund in the American Reserve Bank, and no part thereof shall be deducted for any other purpose whatsoever than the protection of savings bank depositors.
Comment:—This trust fund would absorb about $350,000,000 of the present bonds held by the national banks for circulation, as the total savings now approximate seven billion dollars ($7,000,000,000).
Comment:—This trust fund would absorb about $350,000,000 of the present bonds held by the national banks for circulation, as the total savings now approximate seven billion dollars ($7,000,000,000).
Section 73.That any national bank accepting a savings bank account may at any time demand the right to have thirty days' notice of an intention to withdraw the same, and may also reserve the right to pay all savings accounts in two installments—50 per centum thereof in three months, 50 per centum in six months.
Section 74.That from and after the first day of January, nineteen hundred and fourteen, every person, firm, partnership, or corporation using the word banker or bank, and every State bank and trust company in the United States receiving deposits subject to check, or saving accounts in the usual way, or trust funds shall keep and maintain identically the same reserves against these respective funds as is provided for by the provisions of this Act; and any person, firm, partnership, or corporation using the word banker or bank, and every State bank and trust company, except mutual savings banks, that fails to comply with the provisions of this Act shall pay a tax of 10 per centum to the United States Government on the tenth day of January in each year upon all the deposits or trust funds against which the foregoing prescribed reserves have not been kept and maintained.
Section 75.That any person, firm, or corporation using the word banker or bank, and every State bank or trust company that shall, after January first, nineteen hundred and fourteen, hold as a part of its required reserves, as prescribed in section sixty-three, any national bank note, check, draft, or other instrument of credit, shall pay a tax thereon to the United States of 10 per centum per diem on the amount so held; and every person, firm, or corporation using the word banker or bank, and every State bank or trust company accepting deposits or trust funds as described in section sixty-three shall, upon the first day of January in each year, make a sworn statement to the United States Government showing exactly the amount and the character of reserves held during the preceding year against all of its deposits, and upon failure to do so shall pay a fine of one thousand dollars per day until such report is made.
Comment:—These Sections, 74 and 75, provide that every person or corporation in the United States shall not only carry its proper share of reserves, as we have all agreed they should, but the right kind of reserves as well. Quantity and quality must both be made obligatory if we are to have a banking system that amounts to anything.
Comment:—These Sections, 74 and 75, provide that every person or corporation in the United States shall not only carry its proper share of reserves, as we have all agreed they should, but the right kind of reserves as well. Quantity and quality must both be made obligatory if we are to have a banking system that amounts to anything.
Section 76.That as soon as the amount of money deposited by the national banks with the American Reserve Bank, as aforesaid, shall reach the sum of five hundred million dollars all the bonds now deposited by national banks to secure Government deposits shall be returned to the respective banks to which they belong; and from and after that date any national bank holding a Government deposit shall pay interest thereon to the Treasurer of the United States at the rate of 2 per centum per annum, and the said interest so received shall be paid into the division of reserve fund in the Treasury, and United States notes of an equal amount shall be retired, canceled, and destroyed and gold certificates issued therefor. The said interest shall be payable as follows:1 per centum on the tenth days of January and July of each year on the average balance during the preceding six months.
Section 77.That all the profits growing out of the operations of the several commercial zones and the American Reserve Bank combined may be distributed between the United States Government and all the national banks pro rata, according to the amount they have respectively deposited with the American Reserve Bank, whenever in the judgment of the board of the American Reserve Bank it is advisable to do so, having made such provision for a reserve as is deemed necessary:Provided, however, That the distribution of profits shall not exceed 2 per centum per annum until practically all of the United States notes have been converted into gold certificates; and for that purpose all the profits in excess of 2 per centum shall be paid into the reserve fund of the United States Treasury in gold coin.
Section 78.That subject to the disposition made and provided for in this Act of all the various sums of money to be paid to the American Reserve Bank all such sums of money shall be combined and held in one common fund and be known as the American Reserve Bank Fund, and this fund shall guarantee the repayment of all Government deposits made with the American Reserve Bank and the redemption of the national bank notes of any failed bank.
Comment:—In paragraph three, under Section 59, provision was made for a 5 per cent guarantee fund to redeem the bank notes of any bank which has failed. This fund is held by the American Reserve Bank, which under Section 78 will be used to redeem the notes of all failed banks immediately and the amount of the notes so redeemed shall be recouped from the assets of the bank that issued the notes; if, by chance, one should fail after it has become a part of the proposed system, which I, for one, do not believe is possible.
Comment:—In paragraph three, under Section 59, provision was made for a 5 per cent guarantee fund to redeem the bank notes of any bank which has failed. This fund is held by the American Reserve Bank, which under Section 78 will be used to redeem the notes of all failed banks immediately and the amount of the notes so redeemed shall be recouped from the assets of the bank that issued the notes; if, by chance, one should fail after it has become a part of the proposed system, which I, for one, do not believe is possible.
Section 79.That the American Reserve Bank shall, on the first days of January and July of each year during the life of the 2 per centum United States consols upto nineteen hundred and thirty, pay into the Treasury of the United States an amount of cash in equal payments which shall be equal to 1 per centum per annum of all the United States 2 per centum bonds or consols now aggregating about seven hundred and thirty million dollars.
Section 80.That when the American Reserve Bank shall have paid into the United States Treasury the first half of 1 per centum in accordance with the preceding section, the United States Government shall thereupon refund all of the 2 per centum bonds or consols into 3 per centum bonds or agree to pay 3 per centum thereon; and thereafter the Government shall pay 3 per centum interest upon all of said 2 per centum consols.
Comment:—By this section all the 2 per cent bonds will be converted into 3 per cent bonds and they will then be returned to the banks to which they belong. They can then be sold by them, bringing into the commercial fund of the country $730,000,000.This change ought to enable the banks to loan money more cheaply to the people; we must remember that the more expensive we make banking in this country the higher the rates of interest will be; for, in the end, the people bear every added burden.
Comment:—By this section all the 2 per cent bonds will be converted into 3 per cent bonds and they will then be returned to the banks to which they belong. They can then be sold by them, bringing into the commercial fund of the country $730,000,000.
This change ought to enable the banks to loan money more cheaply to the people; we must remember that the more expensive we make banking in this country the higher the rates of interest will be; for, in the end, the people bear every added burden.
Section 81.That when the United States Government shall have made provision for refunding the 2 per centum bonds or consols into 3 per centum bonds and the American Reserve Bank Fund shall amount to the sum of five hundred million dollars, the United States Treasury shall transfer to and keep with the American Reserve Bank a sufficient balance—upward of fifty million dollars—to meet all of its checks and drafts; and thereupon the American Reserve Bank shall become the fiscal agent of the United States Government for all purposes, except for the collection and current daily deposits of its revenues, which shall not be deposited thereafter in the United States Treasury or Sub-treasuries.
Section 82.That from and after the date that said American Reserve Bank Fund shall amount to the sum of one thousand million dollars the Secretary of the Treasury of the United States shall deposit from dayto day all Government receipts from whatsoever source received in the American Reserve Bank.
Comment:—According to these two Sections, 81 and 82, the United States Treasury will cease to be a disturbing factor in the commerce of the country; and it will do its business, precisely, as any municipality, by check and draft upon the American Reserve Bank, where its money will be deposited, from day to day, currently, as received.
Comment:—According to these two Sections, 81 and 82, the United States Treasury will cease to be a disturbing factor in the commerce of the country; and it will do its business, precisely, as any municipality, by check and draft upon the American Reserve Bank, where its money will be deposited, from day to day, currently, as received.
Section 83.That beginning on the first day of January after the "American Reserve Bank Fund" shall amount to one thousand million dollars, every National bank shall pay to the American Reserve Bank a tax of one-fifth of 1 per cent upon all of its deposits held upon said first day of January, and upon the first day of January thereafter for two successive years a tax of one-fifth of 1 per cent upon the amount of deposits held.
Section 84.Every National bank shall thereafter contribute a sufficient amount on the first day of January in each year to make the total amount that it has contributed equal to three-fifths of 1 per cent of its deposits.
Section 85.The fund so created by the payment of the said three-fifths of 1 per cent to the American Reserve Bank shall constitute and be known as "The Depositors' Insurance Fund."
Section 86.Any bank that shall come into the National banking system at any time after the passage of this act shall immediately proceed to make its contribution to "The Depositors' Insurance Fund" as prescribed in sections eighty-three and eighty-four of this Act.
Section 87.If any National bank shall fail after three years from the time that the first tax upon deposits was paid, all depositors shall be paid in full, as hereinafter provided, as soon as the amount due them respectively has been ascertained.
Section 88.The Board of Control of the commercial zone where the failed bank is located shall issue in the name of its commercial zone perpetual securities subject to call equal in amount to the amount of the deposits held by the failed bank. The securities so issued shall be inthe denomination of five hundred dollars and multiples thereof, and be known as Bank Bonds of —— Commercial Zone, and shall bear interest at the rate of 6 per cent per annum, payable annually.
Section 89.The Board of Control issuing Bank Bonds as in the foregoing section prescribed, may deposit an amount thereof with the American Reserve Bank equal to all deposits less than five hundred dollars and all fractions of deposits less than five hundred dollars, and receive in exchange therefor, an equal amount of money.
Section 90.The Board of Control may at its option sell the Bank Bonds so issued, and pay the depositors in cash in full or may pay the depositors in cash in part and in Bank Bonds in part.
Section 91.From time to time as cash is realized from the assets of the failed bank the Board of Control shall retire a corresponding amount of Bank Bonds, the bonds so retired to be determined by lot.
Section 92.As soon as the loss resulting from the failure of the bank is determined, the Board of Control shall proceed to assess a tax at the rate of one-fifth of 1 per cent per annum upon all the deposits of all the National banks in the commercial zone where the failed bank was located until one-half of such loss has been collected from such banks. The remaining one-half shall be borne by "The Depositors' Insurance Fund."
Comment:—Since the commercial zone where the failed bank is located is directly responsible for the failure because its board of control could have prevented it, that particular zone should bear at least half the loss. This is essential to impress upon all the bankers of the zone the importance of selecting the very best men upon the board of control.
Comment:—Since the commercial zone where the failed bank is located is directly responsible for the failure because its board of control could have prevented it, that particular zone should bear at least half the loss. This is essential to impress upon all the bankers of the zone the importance of selecting the very best men upon the board of control.
Section 93.The board of directors of the American Reserve Bank may invest such part of "The Depositors' Insurance Fund" in United States Government securities as they may deem wise.
Section 94.If at any time in the future the board of directors of the American Reserve Bank shall find it necessary to reimpose upon all the deposits of the National banks the tax of one-fifth of 1 per cent to carry this act into effect, they are hereby authorized and empowered to do so.
Section 95.If the board of directors of the American Reserve Bank shall at any time deem "The Depositors' Insurance Fund" unnecessarily large, it may distribute a portion of the same among the banks as their interests may appear.
Comment:—Mr. Lawyer: Gentlemen, by Sections 83 to 95 we have provided for the insurance of depositors, as you will perceive. We have accomplished this by financing, as it were, the assets of the failed banks so that all depositors can have their money immediately. We believe that the result of this plan will be not only to absolutely protect all depositors and give them their money immediately; but, to save the depositors from a world of worry; to protect the banks from panics and runs; to stop hoarding; to protect storekeepers, merchants, manufacturers and all business interests from the consequences of the inability of the people to meet their obligations because their money or cash resources are tied up in bank failures as heretofore. Our problem was to meet the condition confronting a community when a bank closed its doors, and I think we have solved it.Mr. Banker: There can be no possible question but what this plan, which will put into the American Reserve Bank at least $35,000,000 before it becomes operative, will accomplish the purpose sought, since the total loss to all depositors in the National banks in forty-nine years have been only $38,000,000, and the estimated loss where the failed banks have not been closed out is only $6,000,000, or a total loss for the whole time of only $44,000,000.Mr. Merchant: You have undoubtedly solved every difficulty connected with this great and most benevolent purpose.Mr. Laboringman: Gentlemen, I want to thank you from the bottom of my heart for what you have just done. I want to thank you in the name of the millions of toilers. If I have had any influence in bringing this great reform about, I feel that I have been repaid a thousandfold for the time I have spent with you.Mr. Lawyer: To you, Mr. Laboringman, more than to all the rest of us, is due the insurance of depositors in our National banks; for you may rest assured now that it will come about sooner or later. Of course, that letter to Mr. Farmer from the Comptroller of the Currency paralyzed all opposition, and to you two men belongs the glory of this victory; to you two men will be due the gratitude of all depositors.
Comment:—Mr. Lawyer: Gentlemen, by Sections 83 to 95 we have provided for the insurance of depositors, as you will perceive. We have accomplished this by financing, as it were, the assets of the failed banks so that all depositors can have their money immediately. We believe that the result of this plan will be not only to absolutely protect all depositors and give them their money immediately; but, to save the depositors from a world of worry; to protect the banks from panics and runs; to stop hoarding; to protect storekeepers, merchants, manufacturers and all business interests from the consequences of the inability of the people to meet their obligations because their money or cash resources are tied up in bank failures as heretofore. Our problem was to meet the condition confronting a community when a bank closed its doors, and I think we have solved it.
Mr. Banker: There can be no possible question but what this plan, which will put into the American Reserve Bank at least $35,000,000 before it becomes operative, will accomplish the purpose sought, since the total loss to all depositors in the National banks in forty-nine years have been only $38,000,000, and the estimated loss where the failed banks have not been closed out is only $6,000,000, or a total loss for the whole time of only $44,000,000.
Mr. Merchant: You have undoubtedly solved every difficulty connected with this great and most benevolent purpose.
Mr. Laboringman: Gentlemen, I want to thank you from the bottom of my heart for what you have just done. I want to thank you in the name of the millions of toilers. If I have had any influence in bringing this great reform about, I feel that I have been repaid a thousandfold for the time I have spent with you.
Mr. Lawyer: To you, Mr. Laboringman, more than to all the rest of us, is due the insurance of depositors in our National banks; for you may rest assured now that it will come about sooner or later. Of course, that letter to Mr. Farmer from the Comptroller of the Currency paralyzed all opposition, and to you two men belongs the glory of this victory; to you two men will be due the gratitude of all depositors.
Section 96.That whenever the accumulations from the tax upon the national bank notes shall reach an amount equal to 5 per centum of the national bank notesoutstanding during the preceding six months after paying all the expenses growing out of the administration of the four organizations established by this Act—the commercial zone, the bankers' council, the boards of control, the American Reserve Bank—and the 1 per centum per annum upon all the 2 per centum bonds or consols is being currently paid, the excess from whatever source remaining over, allowing for such a reserve as is deemed necessary, shall, on each succeeding tenth days of January and July in each year, be paid into the division of the Reserve Fund of the United States Treasury in gold coin; and as soon as the Secretary of the Treasury shall receive and cancel an amount of United States notes equal to the gold so paid in, he shall issue gold certificates therefor.
Section 97.That when the Secretary of the Treasury of the United States shall have received from the interest paid by the banks upon the Government deposits, and from all other sources, the sum of one hundred and ninety-six million six hundred and eighty-one thousand and sixteen dollars in gold coin for the purpose of redeeming and converting a like amount of the United States notes into gold certificates, and he shall have received, canceled and destroyed substantially all of the remaining United States notes outstanding, making due allowance for the United States notes estimated to be lost or destroyed, he shall then transfer all the gold coin and gold bullion in the Reserve Fund, amounting to one hundred and fifty million dollars, with all the accumulations, to the division of redemption of the trust fund; and thereafter no national bank shall hold a United States note as a part of its reserve, nor shall there be paid out of the United States Treasury any United States notes; but the same when received shall be canceled and destroyed, and gold certificates shall be issued therefor.
Comment:—You will have noted in Sections 77 and 96, also in Section 97, that provision has been made for paying gold into the Reserve Fund, which is the fund behind the Greenbacks or United States notes, and thata corresponding amount of greenbacks are to be canceled and the same amount of gold certificates are to be issued in their place.The amount of greenbacks is $346,681,016. The present amount of the Reserve Fund is $150,000,000. Now after we have paid into this fund $196,681,016, the greenbacks will be converted into gold certificates. We estimate that this will take twelve to fifteen years.Then all our bank reserves will, practically, be in gold coin or gold certificates, because the silver certificates will be cut up into one and two dollar pieces and will be token money, in the pockets of the people, the tills of the stores and will constitute small cash for the banks.Uncle Sam: Glory Halleluiah! That will be the day I long have sought and mourned because I found it not! Boys, your work will be a great relief to me.
Comment:—You will have noted in Sections 77 and 96, also in Section 97, that provision has been made for paying gold into the Reserve Fund, which is the fund behind the Greenbacks or United States notes, and thata corresponding amount of greenbacks are to be canceled and the same amount of gold certificates are to be issued in their place.
The amount of greenbacks is $346,681,016. The present amount of the Reserve Fund is $150,000,000. Now after we have paid into this fund $196,681,016, the greenbacks will be converted into gold certificates. We estimate that this will take twelve to fifteen years.
Then all our bank reserves will, practically, be in gold coin or gold certificates, because the silver certificates will be cut up into one and two dollar pieces and will be token money, in the pockets of the people, the tills of the stores and will constitute small cash for the banks.
Uncle Sam: Glory Halleluiah! That will be the day I long have sought and mourned because I found it not! Boys, your work will be a great relief to me.
Section 98.That when substantially all the United States notes shall have been converted into gold certificates, as in this Act provided; when practically all of the bank notes secured by Government bonds have been returned to the United States Treasury and canceled; and when practically all the silver certificates of the larger denominations have been cut up into one and two dollar certificates or coined into subsidiary coins; and when the American Reserve Bank shall be acting as the fiscal agent of the United States Government, it shall thereupon assume the maintenance of the parity of the silver certificates and silver coins with gold coin.
Comment:—Uncle Sam may well rejoice because this section, you will observe, provides that the American Reserve Bank shall then maintain the parity of all his silver with his gold.Mr. Merchant: Gentlemen, have you estimated how much gold your plan would bring into the American Reserve Bank?Mr. Banker: Yes, sir; we should have approximately one thousand two hundred and fifty million dollars ($1,250,000,000).Mr. Merchant: Where would this gold come from?Mr. Banker: Partly from what the banks now hold, and partly from the channels of trade. There is about $900,000,000 now in the banks and $978,000,000 in the channels of trade, or $1,878,000,000 in the United States. The presentdead reserves, I mean dead reserves held by the banks under a legal prohibition against their use, and the gold floating around in the cotton fields, corn and wheat fields, in the mining camps, in the stores, and in the pockets of the people generally, would at once be brought to their proper use, vitalized, and mobilized into a common defense of the bank credit of the country; all of it, ready all the time, to meet the demands of commerce, and to protect every bank in a liberal and wise use of its credit.Mr. Manufacturer: I presume that you have been deeply impressed, as I have, with the importance of protecting our gold reserves from the standpoint of a nation among the great commercial nations of the world. We have learned that there are many forces now acting upon gold, because it is the universal reserve of the world.Mr. Banker: Precisely so, and this fact necessitates this centralization of gold, and that a power be lodged somewhere to protect it from those influences, which, if set in motion, and unobstructed, will rob us of it almost in the twinkling of an eye. Only a year ago we saw these influences at work in Germany. It was stated that at least $350,000,000 was withdrawn in about sixty days. Tomorrow, these same influences may be drawing away our foundations of credit in a similar manner, and we would suffer an irreparable injury, because we are without any means of defense. There are those who seem to think that if we have a balance of trade in our favor, we are safe; but this is only one factor; nor are we certain of this, for any length of time. We are today, literally, living in a fool's paradise, that may disappear while we contemplate it in serenity. History has already taught the world many lessons upon this point, and if we are wise, we will heed them.Mr. Merchant: Mr. Banker, just what are the influences that affect the movement of gold to or from the country?Mr. Banker: In our case, the causes that may influence the movement of gold to or from us, may be summed up as follows:First: The balance of trade.Second: The state of foreign exchange throughout the world.Third: The state of our currency, that is, the use of substitutes for real reserves; such as United States notes, silver, and bank notes, in place of gold. The present plight of Germany is due to her use of bank notes as reserves. It is a vivid illustration. History has furnished hundreds of illustrations; but the most forcible in our recent history was the issue of the United States notes in the Sixties, and the effect of the silver purchase act of 1890. Gresham's law put into operation will overcome all opposing forces.Fourth: Foreign financing.Fifth: Political disturbances.Sixth: The state of the money market in foreign financial centres.Seventh: Demands for capital in periods of speculative development in foreign countries.Eighth: Changes in our tariff laws.It is easy to imagine how complicated and powerful these forces might become, and how essential it is that we should be ready to combat them, when the tide turns against us. We must be in a position to buy and sell gold bullion, and to buy and sell domestic and foreign exchange, and to loan a large sum of money, gold, I mean, quickly, through a board of control to stop a panic in some financial centre, and last—and above all, we must hold the chief key to the situation. That key lies, mainly, in the power to fix and enforce a price for the use of gold, in what is popularly called a discount rate for gold, and make it universal throughout the United States.All these objects will be attained by the centralization of about one-half of our reserves in the American Reserve Bank, and by having them under the direction of a board of men, who come directly from each of the commercial zones, and who are, therefore, responsible to the people of their respective zones.Mr. Merchant: Now, gentlemen, you seem to have completed your report so far as the commercial bank is concerned, and I must say your plan looks good to me; but, I want to ask you something before we leave this question, and that is, why did the English Bank Act of 1844 provide that only the Bank of England should issue bank notes, and why did Germany follow in her footsteps in 1874, by giving to the Imperial Bank the sole right of note issue?Mr. Banker: I am very glad that you have asked that question, because it is often a stumbling block to those beginning the study of this subject. One naturally says to himself, if this plan of a Central Bank of issue is good enough for England and Germany, why should we not adopt it here? In the first place, the two banks act upon entirely different principles, and in both cases their theories, so far as their note issues are concerned, have broken down.In 1797 the Bank of England suspended specie payments, and during the Napoleonic wars issued an unwarranted amount of paper or notes, which led to wild speculation. At the same time, the country banks joined in the frenzy, and issued large quantities of notes also. All the paper became greatly depreciated, causing such a derangement of commerce as to call for a public investigation. The Bullion Report of 1810, the most profound economic and important statement ever made in the history of banking, followed. This declared that the mere numerical amount of notes in circulation at any time was no criterion whatever of their being excessive. The Bullion Report declaredthat the only sure criterion was to be found in the price of gold bullion and the state of the exchanges.Ricardo says:"The issuers of paper money should regulate their issues solely by the price of bullion and never by the quantity of their paper in circulation. The quantity can never be too great or too little, while it preserves the same value as the standard."If Ricardo had used the wordsbank credit, instead ofpaper money, it would have been technically more correct.This statement of Ricardo, and that contained in the Bullion Report, constitute the very soul of this subject, so far as bank credit in any form (bank notes or bank deposits, which are identical) and gold are concerned.Reserves in gold, in sufficient quantity to redeem all bank credit, deposits as well as notes, are essential. Do not forget that. Of course, gold will be seldom called for, but it must be forthcoming if demanded. No better illustration of the Ricardo principle can be found anywhere in the history of banking than in the banks of Virginia, Louisiana, Kentucky, Ohio, Indiana, Iowa, and Missouri before the war.This principle, announced in the Bullion Report was rejected by the House of Commons, and was not recognized by the Bank of England, orEnglish bankers generally. From 1800 to 1844 bank notes were thought good enough for reserves, that is, the basis of other credit. There were constantly recurring business disturbances and banking troubles up to 1821, when the Bank of England resumed specie payments.In 1824 gold began to leave England again, and continued to go throughout 1825, when the crisis came.In 1827 the Bank seemed to be convinced that the principles of the Bullion Report were correct, and it tried to apply them in part.In 1836 and 1837 there was more financial trouble, and again at the end of 1838 another serious period arrived. By the end of 1839 the specie had dropped from $50,000,000 to $14,000,000. All these adverse experiences convinced the public that something was radically wrong.There then appeared upon the scene Lord Overstone, Mr. Norman, Col. Torrens and other influential writers, who maintained that the amount of bank notes should not exceed the amount of bullion, and that it was the excess of bank notes over the amount of bullion or gold that sent the gold out of the country. They carried the day, and even converted Peel to their way of thinking.The Bank Charter expired in 1844. They thought that they had now found a panacea for all their ills; it was the so-calledCurrency Principle; that is, that bank notes should not exceed the amount of specie. In adjusting the matter, they did issue bank notes against $72,000,000 of Government securities, which was in direct violation of their own contention. They did not have to wait long to see how completely they were mistaken. Their contention was, that if the bank only issued notes against specie, the people would have to bring the notes to get specie. The bank kept right on taking deposits and making loans, apparently with no knowledge of the fact that it made no difference what kind of debt the bank incurred, whether in the form of a deposit or in the form of a note, it would have to be paid in specie if the check holder wanted the specie, just as much as the note holder wanted the specie.Many business disasters occurred in 1846. The new scheme was to be put to the test within two years after the English Bank Act was passed.On Aug. 29, 1846, the amount of bullion in the bank was $81,000,000. The bank notes outstanding were $102,000,000. By Jan. 9, 1847, the bullion was down to $71,000,000. The bank notes outstanding were $104,000,000. By April 10, 1847, the bullion was down to $48,000,000. The bank notes outstanding were $101,000,000.It was demonstrated beyond question, you see, that you could get gold with a check just as easily as with a bank note; for, while $30,000,000 of bullion had disappeared, the amount of the bank notes outstanding remained the same. In other words, the bank notes were not retired as the gold was withdrawn, which was the whole theory upon which the Bank Act of 1844 was based.The Bank Act had failed completely and utterly to accomplish what it was designed to do. There could have been no more abject failure.It was upon this occasion that the bank employed, for the first time, either by accident or with intention, the principle that was subsequently, in 1856, expounded by MacLeod. He states the principle thus, "Thatwhen the rate of discount between two places differs by more than sufficient to pay the cost of transmitting bullion from one place to another, bullion will flow from where discount is lower to where it is higher."While the Bank of England seemed to have employed this principle in 1847, it acted too slowly and very feebly. It lost a large part of its gold before it raised its rate of discount, and then it raised it only to 3½ per cent, then to 4 per cent, and finally to 5 per cent.The world has since learned the power of this weapon; but it is not all-powerful against any odds, as we have seen in watching the withdrawal of gold from Germany during the time when there was a possibility of war with France.When I started to answer your question, I said that both the English and German banks had failed to accomplish the particular things which they had set out to do.I think you will admit that I have demonstrated my contention with regard to the Bank of England. Now, the plight of Germany is this: She had supposed that she could create true bank reserves out of bank credits, but that scheme has completely broken down. Her own commission appointed to revise the bank act during the past year has just recommended that the individual banks carry their own coin reserve.Now, gentlemen, there is no point in common between England, Germany, and France, so far as note issues go. The Bank Act of 1844 took away from the Bank of England the power of note issue, and reduced the bank to identically the same position that the United States Treasury is in, with regard to the gold certificates; that is, the Bank Act reduced the bank to a mere warehouse, with the power to issue gold certificates in the form of bank notes. The Bank of England has no more authority to issue bank currency than the New York Clearing House has; not a bit.The Imperial Bank of Germany issues notes against 33 per cent of coin and other collateral.The Bank of France issues notes without reference to any particular amount of coin, but carries an enormous gold reserve, averaging about 65 per cent of its note issue.The Bank of England usually carries about $150,000,000 in gold, and has outstanding about $250,000,000 bank notes; the difference between the gold and this amount being covered by Government securities. Her deposits are $250,000,000. The Imperial Bank of Germany carries about $200,000,000 of gold, and has outstanding about $700,000,000 bank notes. Her deposits are about $250,000,000. The Bank of France holds about $650,000,000 of gold, and has outstanding about one billion dollars of notes ($1,000,000,000). Her deposits are usually about $100,000,000.Mr. Merchant: It is true that there does not seem to be any great similarity in the condition of these three institutions. The points of contrast are as great as the points of likeness.England is a great check using country; hence, there are few notes. France is a great note using country; hence, comparatively few deposits are kept, while Germany seems to occupy a middle ground between the two.The Bank of France has been operated upon the principle laid downin the Ricardo axiom, and also in accordance with the principles enunciated in the Bullion Report. But France is handicapped by the load of silver she is carrying, which amounts to about $200,000,000; and Germany is greatly handicapped by the fact that her use of bank notes as reserves has prevented her, as she now discovers, from accumulating a proper amount of gold to adequately protect her bank credits. The result is, that neither Germany nor France are open markets for gold; both throwing trammels and obstacles in the way, if you desire to get gold in either country.The entire commercial world is conscious of the difficulties you are under when trying to take gold away from Paris or Berlin.Bills of Exchange drawn in pounds, shillings, and pence are preferable the world over to any other; because the Bank of England is an open market for gold at the current price.Mr. Lawyer: Mr. Banker, since you cannot institute a comparison between these three banks in the matter of note issues, in what respect do they have a common purpose?Mr. Banker: In only one single respect is there a common factor in all of them, and that is, that each of them carries the final reserves of its country. This is the one common fact, the all important fact, because without this massing of their reserves two essential results could not be achieved. First, a panic of any proportion could not be quickly and successfully met. Second, no one of them would have any means whatever of protecting its gold against the drafts that the rest of the commercial world is likely to make upon it at any time, nor any power of adding to its gold in case of some great necessity growing out of a crisis.Mr. Merchant: Recently we have heard repeatedly that, while we were having our ever-recurring spasms or panics in business, the countries with central banks were not suffering in the same way. Is it not a fact that Canada has been just as free from these spasms and panics as any country in the world, and yet Canada has no central bank?Mr. Banker: Yes, that is true. It never occurred to me before, but I should say that Canada was, if anything, much freer from these convulsions and panics, as you call them, than any other country.Mr. Lawyer: I agree with you. There has not been the suggestion of such a thing, as far back as I can remember—thirty or forty years. Now, since Canada has not a central bank but twenty-seven banks, the protection against these disturbances or panics must lie deeper and more fundamental. What is it? It cannot be the central bank idea, because Germany has been having a vast amount of trouble for more than a year, and at the present time seems to have plenty in store for her.Mr. Banker: Yes, it does lie deeper than your mere form of organization; I think I can explain it so that every man here can understand and appreciate it. The reasons are fundamental and economic:First, There must be amplegold reserves and elasticity in those reserves. Without any law with regard to the amount of reserves to be carried the banks of Canada carry about 14 per cent, and since no specified reserves are required there is perfect elasticity in their reserves.Second: There must be convertibility, if necessity requires it and precisely to the extent required, of bank book credits into bank note credits. Bank credit currency in Canada amounts at its maximum to $16 per capita and the variation averages now about $4 per capita. The same ratio would give us an expansion and contraction every fall of about $400,000,000 without changing our reserves to the extent of a single cent.Mr. Farmer: I catch on to that. Two principles are involved and it doesn't make any difference how you apply them, only so that they are in operation.The first is the principle of ample coin reserves and their elastic adjustment to current commercial needs. The second principle is the interchangeability of bank book credits and bank note credits and their current convertibility into coin.Mr. Banker: That is the whole thing in a nut-shell, outside of the principle of a central gold reserve, and it doesn't make any difference whether you apply those principles to one bank or to twenty-seven banks, as in Canada at present, or to five hundred banks, as in the Suffolk System before the war, or to our twenty-five thousand banks today.Mr. Manufacturer: As I understand the bill you have prepared, our American Reserve Bank will have no liabilities whatever, and yet it will have more gold than all of these three countries combined.Mr. Banker: That is correct. You see, there are just three reasons for the existence of the American Reserve Bank:First: By it, all the banking power of the United States stands ready to help every individual bank move the crops; and, in case a panic breaks out, to protect every individual bank.Second: By it, we shall always be in a position to control and direct the movement of gold to and from the United States.Third: By it, we have completely decentralized bank credit; because each zone can rely absolutely upon the centralization of the gold reserves to assist it whenever necessary; so also can every individual bank.
Comment:—Uncle Sam may well rejoice because this section, you will observe, provides that the American Reserve Bank shall then maintain the parity of all his silver with his gold.
Mr. Merchant: Gentlemen, have you estimated how much gold your plan would bring into the American Reserve Bank?
Mr. Banker: Yes, sir; we should have approximately one thousand two hundred and fifty million dollars ($1,250,000,000).
Mr. Merchant: Where would this gold come from?
Mr. Banker: Partly from what the banks now hold, and partly from the channels of trade. There is about $900,000,000 now in the banks and $978,000,000 in the channels of trade, or $1,878,000,000 in the United States. The presentdead reserves, I mean dead reserves held by the banks under a legal prohibition against their use, and the gold floating around in the cotton fields, corn and wheat fields, in the mining camps, in the stores, and in the pockets of the people generally, would at once be brought to their proper use, vitalized, and mobilized into a common defense of the bank credit of the country; all of it, ready all the time, to meet the demands of commerce, and to protect every bank in a liberal and wise use of its credit.
Mr. Manufacturer: I presume that you have been deeply impressed, as I have, with the importance of protecting our gold reserves from the standpoint of a nation among the great commercial nations of the world. We have learned that there are many forces now acting upon gold, because it is the universal reserve of the world.
Mr. Banker: Precisely so, and this fact necessitates this centralization of gold, and that a power be lodged somewhere to protect it from those influences, which, if set in motion, and unobstructed, will rob us of it almost in the twinkling of an eye. Only a year ago we saw these influences at work in Germany. It was stated that at least $350,000,000 was withdrawn in about sixty days. Tomorrow, these same influences may be drawing away our foundations of credit in a similar manner, and we would suffer an irreparable injury, because we are without any means of defense. There are those who seem to think that if we have a balance of trade in our favor, we are safe; but this is only one factor; nor are we certain of this, for any length of time. We are today, literally, living in a fool's paradise, that may disappear while we contemplate it in serenity. History has already taught the world many lessons upon this point, and if we are wise, we will heed them.
Mr. Merchant: Mr. Banker, just what are the influences that affect the movement of gold to or from the country?
Mr. Banker: In our case, the causes that may influence the movement of gold to or from us, may be summed up as follows:
First: The balance of trade.
Second: The state of foreign exchange throughout the world.
Third: The state of our currency, that is, the use of substitutes for real reserves; such as United States notes, silver, and bank notes, in place of gold. The present plight of Germany is due to her use of bank notes as reserves. It is a vivid illustration. History has furnished hundreds of illustrations; but the most forcible in our recent history was the issue of the United States notes in the Sixties, and the effect of the silver purchase act of 1890. Gresham's law put into operation will overcome all opposing forces.
Fourth: Foreign financing.
Fifth: Political disturbances.
Sixth: The state of the money market in foreign financial centres.
Seventh: Demands for capital in periods of speculative development in foreign countries.
Eighth: Changes in our tariff laws.
It is easy to imagine how complicated and powerful these forces might become, and how essential it is that we should be ready to combat them, when the tide turns against us. We must be in a position to buy and sell gold bullion, and to buy and sell domestic and foreign exchange, and to loan a large sum of money, gold, I mean, quickly, through a board of control to stop a panic in some financial centre, and last—and above all, we must hold the chief key to the situation. That key lies, mainly, in the power to fix and enforce a price for the use of gold, in what is popularly called a discount rate for gold, and make it universal throughout the United States.
All these objects will be attained by the centralization of about one-half of our reserves in the American Reserve Bank, and by having them under the direction of a board of men, who come directly from each of the commercial zones, and who are, therefore, responsible to the people of their respective zones.
Mr. Merchant: Now, gentlemen, you seem to have completed your report so far as the commercial bank is concerned, and I must say your plan looks good to me; but, I want to ask you something before we leave this question, and that is, why did the English Bank Act of 1844 provide that only the Bank of England should issue bank notes, and why did Germany follow in her footsteps in 1874, by giving to the Imperial Bank the sole right of note issue?
Mr. Banker: I am very glad that you have asked that question, because it is often a stumbling block to those beginning the study of this subject. One naturally says to himself, if this plan of a Central Bank of issue is good enough for England and Germany, why should we not adopt it here? In the first place, the two banks act upon entirely different principles, and in both cases their theories, so far as their note issues are concerned, have broken down.
In 1797 the Bank of England suspended specie payments, and during the Napoleonic wars issued an unwarranted amount of paper or notes, which led to wild speculation. At the same time, the country banks joined in the frenzy, and issued large quantities of notes also. All the paper became greatly depreciated, causing such a derangement of commerce as to call for a public investigation. The Bullion Report of 1810, the most profound economic and important statement ever made in the history of banking, followed. This declared that the mere numerical amount of notes in circulation at any time was no criterion whatever of their being excessive. The Bullion Report declaredthat the only sure criterion was to be found in the price of gold bullion and the state of the exchanges.
Ricardo says:
"The issuers of paper money should regulate their issues solely by the price of bullion and never by the quantity of their paper in circulation. The quantity can never be too great or too little, while it preserves the same value as the standard."
If Ricardo had used the wordsbank credit, instead ofpaper money, it would have been technically more correct.
This statement of Ricardo, and that contained in the Bullion Report, constitute the very soul of this subject, so far as bank credit in any form (bank notes or bank deposits, which are identical) and gold are concerned.
Reserves in gold, in sufficient quantity to redeem all bank credit, deposits as well as notes, are essential. Do not forget that. Of course, gold will be seldom called for, but it must be forthcoming if demanded. No better illustration of the Ricardo principle can be found anywhere in the history of banking than in the banks of Virginia, Louisiana, Kentucky, Ohio, Indiana, Iowa, and Missouri before the war.
This principle, announced in the Bullion Report was rejected by the House of Commons, and was not recognized by the Bank of England, orEnglish bankers generally. From 1800 to 1844 bank notes were thought good enough for reserves, that is, the basis of other credit. There were constantly recurring business disturbances and banking troubles up to 1821, when the Bank of England resumed specie payments.
In 1824 gold began to leave England again, and continued to go throughout 1825, when the crisis came.
In 1827 the Bank seemed to be convinced that the principles of the Bullion Report were correct, and it tried to apply them in part.
In 1836 and 1837 there was more financial trouble, and again at the end of 1838 another serious period arrived. By the end of 1839 the specie had dropped from $50,000,000 to $14,000,000. All these adverse experiences convinced the public that something was radically wrong.
There then appeared upon the scene Lord Overstone, Mr. Norman, Col. Torrens and other influential writers, who maintained that the amount of bank notes should not exceed the amount of bullion, and that it was the excess of bank notes over the amount of bullion or gold that sent the gold out of the country. They carried the day, and even converted Peel to their way of thinking.
The Bank Charter expired in 1844. They thought that they had now found a panacea for all their ills; it was the so-calledCurrency Principle; that is, that bank notes should not exceed the amount of specie. In adjusting the matter, they did issue bank notes against $72,000,000 of Government securities, which was in direct violation of their own contention. They did not have to wait long to see how completely they were mistaken. Their contention was, that if the bank only issued notes against specie, the people would have to bring the notes to get specie. The bank kept right on taking deposits and making loans, apparently with no knowledge of the fact that it made no difference what kind of debt the bank incurred, whether in the form of a deposit or in the form of a note, it would have to be paid in specie if the check holder wanted the specie, just as much as the note holder wanted the specie.
Many business disasters occurred in 1846. The new scheme was to be put to the test within two years after the English Bank Act was passed.
On Aug. 29, 1846, the amount of bullion in the bank was $81,000,000. The bank notes outstanding were $102,000,000. By Jan. 9, 1847, the bullion was down to $71,000,000. The bank notes outstanding were $104,000,000. By April 10, 1847, the bullion was down to $48,000,000. The bank notes outstanding were $101,000,000.
It was demonstrated beyond question, you see, that you could get gold with a check just as easily as with a bank note; for, while $30,000,000 of bullion had disappeared, the amount of the bank notes outstanding remained the same. In other words, the bank notes were not retired as the gold was withdrawn, which was the whole theory upon which the Bank Act of 1844 was based.
The Bank Act had failed completely and utterly to accomplish what it was designed to do. There could have been no more abject failure.
It was upon this occasion that the bank employed, for the first time, either by accident or with intention, the principle that was subsequently, in 1856, expounded by MacLeod. He states the principle thus, "Thatwhen the rate of discount between two places differs by more than sufficient to pay the cost of transmitting bullion from one place to another, bullion will flow from where discount is lower to where it is higher."
While the Bank of England seemed to have employed this principle in 1847, it acted too slowly and very feebly. It lost a large part of its gold before it raised its rate of discount, and then it raised it only to 3½ per cent, then to 4 per cent, and finally to 5 per cent.
The world has since learned the power of this weapon; but it is not all-powerful against any odds, as we have seen in watching the withdrawal of gold from Germany during the time when there was a possibility of war with France.
When I started to answer your question, I said that both the English and German banks had failed to accomplish the particular things which they had set out to do.
I think you will admit that I have demonstrated my contention with regard to the Bank of England. Now, the plight of Germany is this: She had supposed that she could create true bank reserves out of bank credits, but that scheme has completely broken down. Her own commission appointed to revise the bank act during the past year has just recommended that the individual banks carry their own coin reserve.
Now, gentlemen, there is no point in common between England, Germany, and France, so far as note issues go. The Bank Act of 1844 took away from the Bank of England the power of note issue, and reduced the bank to identically the same position that the United States Treasury is in, with regard to the gold certificates; that is, the Bank Act reduced the bank to a mere warehouse, with the power to issue gold certificates in the form of bank notes. The Bank of England has no more authority to issue bank currency than the New York Clearing House has; not a bit.
The Imperial Bank of Germany issues notes against 33 per cent of coin and other collateral.
The Bank of France issues notes without reference to any particular amount of coin, but carries an enormous gold reserve, averaging about 65 per cent of its note issue.
The Bank of England usually carries about $150,000,000 in gold, and has outstanding about $250,000,000 bank notes; the difference between the gold and this amount being covered by Government securities. Her deposits are $250,000,000. The Imperial Bank of Germany carries about $200,000,000 of gold, and has outstanding about $700,000,000 bank notes. Her deposits are about $250,000,000. The Bank of France holds about $650,000,000 of gold, and has outstanding about one billion dollars of notes ($1,000,000,000). Her deposits are usually about $100,000,000.
Mr. Merchant: It is true that there does not seem to be any great similarity in the condition of these three institutions. The points of contrast are as great as the points of likeness.
England is a great check using country; hence, there are few notes. France is a great note using country; hence, comparatively few deposits are kept, while Germany seems to occupy a middle ground between the two.
The Bank of France has been operated upon the principle laid downin the Ricardo axiom, and also in accordance with the principles enunciated in the Bullion Report. But France is handicapped by the load of silver she is carrying, which amounts to about $200,000,000; and Germany is greatly handicapped by the fact that her use of bank notes as reserves has prevented her, as she now discovers, from accumulating a proper amount of gold to adequately protect her bank credits. The result is, that neither Germany nor France are open markets for gold; both throwing trammels and obstacles in the way, if you desire to get gold in either country.
The entire commercial world is conscious of the difficulties you are under when trying to take gold away from Paris or Berlin.
Bills of Exchange drawn in pounds, shillings, and pence are preferable the world over to any other; because the Bank of England is an open market for gold at the current price.
Mr. Lawyer: Mr. Banker, since you cannot institute a comparison between these three banks in the matter of note issues, in what respect do they have a common purpose?
Mr. Banker: In only one single respect is there a common factor in all of them, and that is, that each of them carries the final reserves of its country. This is the one common fact, the all important fact, because without this massing of their reserves two essential results could not be achieved. First, a panic of any proportion could not be quickly and successfully met. Second, no one of them would have any means whatever of protecting its gold against the drafts that the rest of the commercial world is likely to make upon it at any time, nor any power of adding to its gold in case of some great necessity growing out of a crisis.
Mr. Merchant: Recently we have heard repeatedly that, while we were having our ever-recurring spasms or panics in business, the countries with central banks were not suffering in the same way. Is it not a fact that Canada has been just as free from these spasms and panics as any country in the world, and yet Canada has no central bank?
Mr. Banker: Yes, that is true. It never occurred to me before, but I should say that Canada was, if anything, much freer from these convulsions and panics, as you call them, than any other country.
Mr. Lawyer: I agree with you. There has not been the suggestion of such a thing, as far back as I can remember—thirty or forty years. Now, since Canada has not a central bank but twenty-seven banks, the protection against these disturbances or panics must lie deeper and more fundamental. What is it? It cannot be the central bank idea, because Germany has been having a vast amount of trouble for more than a year, and at the present time seems to have plenty in store for her.
Mr. Banker: Yes, it does lie deeper than your mere form of organization; I think I can explain it so that every man here can understand and appreciate it. The reasons are fundamental and economic:First, There must be amplegold reserves and elasticity in those reserves. Without any law with regard to the amount of reserves to be carried the banks of Canada carry about 14 per cent, and since no specified reserves are required there is perfect elasticity in their reserves.
Second: There must be convertibility, if necessity requires it and precisely to the extent required, of bank book credits into bank note credits. Bank credit currency in Canada amounts at its maximum to $16 per capita and the variation averages now about $4 per capita. The same ratio would give us an expansion and contraction every fall of about $400,000,000 without changing our reserves to the extent of a single cent.
Mr. Farmer: I catch on to that. Two principles are involved and it doesn't make any difference how you apply them, only so that they are in operation.The first is the principle of ample coin reserves and their elastic adjustment to current commercial needs. The second principle is the interchangeability of bank book credits and bank note credits and their current convertibility into coin.
Mr. Banker: That is the whole thing in a nut-shell, outside of the principle of a central gold reserve, and it doesn't make any difference whether you apply those principles to one bank or to twenty-seven banks, as in Canada at present, or to five hundred banks, as in the Suffolk System before the war, or to our twenty-five thousand banks today.
Mr. Manufacturer: As I understand the bill you have prepared, our American Reserve Bank will have no liabilities whatever, and yet it will have more gold than all of these three countries combined.
Mr. Banker: That is correct. You see, there are just three reasons for the existence of the American Reserve Bank:
First: By it, all the banking power of the United States stands ready to help every individual bank move the crops; and, in case a panic breaks out, to protect every individual bank.
Second: By it, we shall always be in a position to control and direct the movement of gold to and from the United States.
Third: By it, we have completely decentralized bank credit; because each zone can rely absolutely upon the centralization of the gold reserves to assist it whenever necessary; so also can every individual bank.
NATIONAL LAND CREDIT BANK
Section 99.That the National Land Credit Bank is hereby created and established upon the organization of the following institutions as prescribed:
First: The Local Land Credit Association.
Second: The State Land Credit Association.
Third: The National Land Credit Bank.
Section 100.That no more than fifty persons and no less than twenty-five persons may associate themselves together in any State of the United States under the name of —— Land Credit Association, and be known as a local association.
Section 101.That the capital stock of each local association shall be twenty-five thousand dollars, no more,no less; and it shall be paid up in full in cash. The par value of the stock of such association shall be one hundred dollars.
Section 102.That any person may become a member of a local association by owning one or more shares of the stock, but no member of an association shall own more than twenty-five shares thereof.
Section 103.That every local association, each member voting the number of shares owned by him, shall elect an executive committee composed of five members and a secretary and treasurer of said local association. The committee shall choose its own chairman.
Section 104.That the term of service of the members of the committee shall be one year.
Section 105.That no member of a local association shall transfer his stock to any other person without the unanimous approval of the executive committee, evidenced by the signatures of such committee upon the records of the association and by the signature of the chairman of said committee upon the certificate of stock, which shall be transferable only by such signature:Provided, however, That any person desiring to sell his stock may appeal from the decision of the executive committee to the members of such local association.
Section 106.That the total amount of loans that any local association can make is twenty times the amount of its capital stock, or five hundred thousand dollars.
Section 107.That the executive committee may take applications for loans and recommend the same for favorable consideration to the board of managers of the State association, but no loans shall be made except upon improved productive agricultural lands, and then only for 50 per centum of a fair valuation thereof.
Section 108.That all compensation, if any, to the executive committee and the secretary and the treasurer and all expense of the local association of every kind whatsoever shall be derived from charges made for services rendered in connection with the various applicationsmade to them and for services rendered in connection with loans already made. Each association shall fix its own scale of charges, if any are made.
Section 109.That no loan shall be considered or consummated in any State until there are organized in such State at least twenty local associations in accordance with sections two, three, four and five of this Act and until at least five hundred thousand dollars have been paid up in cash.
Section 110.That when at least twenty such local associations have been organized in any one State the governor of such State, upon being informed of this fact, shall name a time and place for meeting, and the members of the several associations shall meet in person, or by legal proxy duly representing their respective shares, for the purpose of organizing a State Land Credit Association.
Section 111.That the State Land Credit Association shall be organized under the name of (here insert name of State where located) Land Credit Association and be known as a State Association.
Section 112.That every State association shall have a board of managers, which shall consist of seven members, who shall be elected by the shareholders of the several local associations in the State present or duly represented by legal proxies.
Section 113.That the members of the board of managers shall hold office for the period of seven years:Provided, however, That the seven first elected shall hold office for one, two, three, four, five, six, and seven years, respectively, and they shall determine by lot how long each member shall serve.
Section 114.That the officers of each State association shall consist of a president, vice-president, secretary, treasurer, and attorney. The said officers shall be members of the board of managers, except the secretary and treasurer, who may or may not be members.
Section 115.That the officers named in the precedingsection shall be appointed by the shareholders of the several local associations present or duly represented by legal proxies.
Section 116.That the salaries to be paid the officers of each State association shall be fixed by the shareholders of the several local associations of such State present or duly represented by legal proxy. All such salaries and all the expenses of whatsoever kind incurred in carrying on the business of the State associations shall be paid out of fees or charges made upon the business done in that State.
Section 117.That the place of business of the State association shall be fixed by the shareholders of the local associations of the respective States present or duly represented by legal proxy.
Section 118.That all applications for loans made to any local association and duly recommended by the executive committee thereof after a personal examination of the property and a full report in accordance with such rules, regulations, and forms as the board of managers of the State association may prescribe shall be examined and considered by said board of managers.
Section 119.That no loan shall be made by any State association unless the same has been approved in writing by at least five members of the board of managers in a record of loans kept especially for that purpose by the State association; nor until such approval shall also be signed by the attorney of the State association stating that he has examined the title to the property and that it is free and clear and that the loan is a first lien upon the property described in the conveyance.
Section 120.That no loans shall be made upon any property unless an absolute conveyance of the same shall be made by the owner thereof to the State association of the State where the land is located, in such form and manner as the attorney of such association shall prescribe; and the owner shall lawfully waive any claim or right of defense that he might otherwise have in case offoreclosure proceedings under the laws of the State in which the real estate is located. And, further, the owner of said real estate shall, in such manner and form as the attorney of the association shall prescribe, appoint the local association through which the loan was negotiated as a trustee for the benefit of the State association to take possession of the property in case of default in payment of interest, taxes, or insurance, or in case of waste of any kind, and shall give such local association full authority and power to manage the property, or sell the same whenever, in the judgment of the executive committee of such local association, it is advisable to do so:Provided, however, That such sales shall be made only after the property has been duly advertised in accordance with the law made and provided for sale of real estate in the State where located after foreclosure proceedings have been had and judgment entered.
Section 121.That all money loaned shall be furnished through the several State associations, and shall be paid by check or draft, and full records shall be kept by the several State associations of all loans made in their respective States of every transaction connected with such loans. The State association shall have full and entire charge of all loans made and outstanding in their respective States, the collection of interest, the payment of taxes, the care of insurance, and the repayment of the loan by the borrower, which shall always be to the State association of the State where the real estate is situated.
Section 122.That no loans shall be made by any State association until—
First: There have been organized in the United States at least one thousand local associations, in accordance with sections ninety-nine, one hundred, one hundred and one, and one hundred and two of this Act.
Second: Until at least twenty State associations have been organized in accordance with sections one hundredand ten, one hundred and eleven, and one hundred and twelve of this Act.
Third: Until there has been paid up in cash the sum of twenty-five million dollars.
Fourth: Until there has been organized, as hereinafter provided, the National Land Credit Bank.
Section 123.That as soon as there have been organized at least one thousand local associations and at least twenty State associations, as herein provided, the President of the United States shall be notified of these facts, and he shall thereupon name a time and place in the city of Washington, District of Columbia, for the organization of the National Land Credit Bank, and he shall advise all the local associations whose names and addresses have been furnished him of such time and place of meeting and the purpose therefor.
Section 124.That, pursuant to the notice of the President of the United States provided in the preceding section, each local association of the several States where State associations shall have been organized shall send one representative to Washington for the purpose of organizing the National Land Credit Bank. Each representative of a local association shall have one vote, but any association may be represented by a proxy in such legal form as is prescribed by the laws of the State where such local association is situated.
Section 125.That the board of directors of the National Land Credit Bank shall consist of seventeen members, as follows:
First: Fifteen members of such board of directors shall be elected by the representatives of the local association present in person or by proxy.
Second: The Secretary of Agriculture of the United States shall ex officio be a member of said board.
Third: The President shall appoint a United States auditor, with the consent and approval of at least two-thirds of the members of the board elected by the representatives of the association. The term of service ofthe auditor shall be five years, and he shall be a member of the board of directors of said National Land Credit Bank.
Section 126.That the members of the board of directors of the National Land Credit Bank who have been elected by the representatives of the local associations shall serve for a period of five years:Provided, however, That those first elected shall serve for one, two, three, four, and five years, respectively, and they shall divide themselves into five groups, and thereupon determine by lot how long each group shall serve.
Section 127.That the officers of the National Land Credit Bank shall consist of a president, vice-president, secretary, treasurer, and auditor.
Section 128.That the officers of the National Land Credit Bank, except the auditor, shall be appointed by the board of directors of said National Land Credit Bank, and they shall receive such salaries as the board of directors may determine:Provided, however, That the president shall receive eighteen thousand dollars per annum and that the auditor shall receive six thousand dollars per annum.
Section 129.That the city or place where the National Land Credit Bank shall conduct its business shall be selected and determined by the representatives of the local associations present in person or by proxy.
Section 130.That the annual meetings of the local associations shall be held on the first Monday of April in each year. The annual meeting of the State association shall be held on the first Monday of May in each year. The annual meeting of the National Land Credit Bank shall be held in the first Monday of June in each year.
Section 131.That upon the completion of the organization of the National Land Credit Bank, as herein provided, each local association shall transfer and pay over to the National Land Credit Bank 50 per centum or one-half of their cash paid-up capital amounting in the aggregate to at least twelve million five hundred thousanddollars, and they shall also transfer and pay over to their respective State associations 25 per centum or one-quarter of their cash paid-up capital amounting in the aggregate to at least six million two hundred and fifty thousand dollars.
Section 132.That the cash capital so paid over to the National Land Credit Bank and the cash capital so paid over to the several State associations, as provided in the preceding section, shall become the absolute property of the National Land Credit Bank, and of such State associations, as completely and absolutely as if the same amount had been paid directly to them for stock issued. For the amount of money so received by the National Land Credit Bank and the amount so received by the State association from the local associations the said National Land Credit Bank and the several State associations shall issue their several receipts in such legal form as to entitle them to a pro rata share of the assets of the said National Land Credit Bank and the several State associations upon the distribution thereof, subject, however, to the claims of all holders of the obligations of whatsoever kind issued and outstanding of the National Land Credit Bank.
Section 133.That every local association, every State association, and the National Land Credit Bank shall each of them be, and they are hereby, made legally constituted bodies corporate that may sue and be sued in any United States court which may have jurisdiction of the subject matter of the action brought.
Section 134.That the said National Land Credit Bank, the several State associations, and the several local associations may severally invest their capital and surplus in mortgages token as herein prescribed, or in the obligations of the National Land Credit Bank, or in United States Government securities. They may severally borrow money in the regular course of their business either upon their credit or by pledging any of the securities they may own.
Section 135.That neither any local association nor anyState association nor the National Land Credit Bank shall take deposits in any form, either subject to check or upon time, except for investment in the obligation of the National Land Credit Bank; and any one of these institutions that shall take a deposit of any kind, except as herein provided, shall pay to the United States Government a tax thereon of 10 per centum per annum, nor shall any one of these institutions loan money in any other manner or form than as herein provided. Upon any loan made by any one of them upon personal security, or in any other manner or form than as herein provided, shall pay a tax thereon to the United States Government of 10 per centum per annum.
Section 136.That the National Land Credit Bank shall have power, and is hereby authorized, to issue and sell or dispose of its own obligations in the form of bonds, debentures, or under any other name, and bearing such rates of interest, and in such manner and form, and upon such terms and conditions as to time to run, and manner and method of payment as the board of directors may determine from time to time.
Section 137.That the mortgages held by any local association, or by any State association, or by the National Land Credit Bank, such mortgages having been taken in accordance with the provisions of this Act, and all the obligations, bonds, or debentures issued by the National Land Credit Bank under the authority granted by this Act, shall be exempt from all taxes or duties of the United States Government, as well as from taxation in any form by or under any State, municipality or local authority.
Section 138.That all advances of money upon loans made by the several local associations shall be under the control and under the direction of the board of directors of the National Land Credit Bank, and the rate of interest to be charged on all such loans made shall be fixed from time to time by said board of directors.
Section 139.That at the end of each year the United States auditor shall make a full report of all the institutions organized under this Act, and such reports shall show what the profits are of the National Land Credit Bank, and of the several State associations, and of each of the local associations, respectively. Thereupon the board of directors of the National Land Credit Bank shall set apart one-half of the net profits so certified to by the United States auditor as a part of its surplus account, and may carry the balance as undivided profits, or may declare such a dividend out of its undivided profits as in their judgment seems wise.
Section 140.That the amount paid out in dividends by the National Land Credit Bank shall always be divided equally between the State associations and the local associations in proportion to the capital held by them and the local associations.
Section 141.That the board of managers of the several State associations shall thereupon set apart one-half of the net profits so certified to by the United States auditor as a part of its surplus account and may carry the balance as undivided profits and may declare and pay such a dividend out of the undivided profits as in their judgment seems wise.
The executive committee of the several local associations shall set apart one-half of the net profits so certified to by the United States auditor as a part of its surplus account and may carry the balance as undivided profits, or may declare and pay such a dividend out of the undivided profits as in their judgment seems wise.
Section 142.That when the surplus account of the National Land Credit Bank shall be equal to 50 per centum of the capital money so paid over to it by the several associations, the board of directors may declare such additional dividend as in their judgment may seem wise:Provided, however, That no such increase, or extra dividend, shall ever reduce the surplus below said 50 per centum of the capital so held by it. The same rule herein laid down for the payment of dividends by the National Land Credit Bank shall apply to the severalState associations and each and all of the local associations.
Section 143.That if it shall become necessary at any time for a local association to take possession of real estate upon which a loan has been made and sell the same, the profit or loss thereon shall be shared by the several institutions in the same proportion as the capital is held by them; that is, the National Land Credit Bank shall share one-half of the profit or loss, the State institution making the loan shall share one-quarter of the profit or loss, and the local association recommending the loan shall share one-quarter of the profit or loss.
Comment:—First: Sufficient responsibility should be imposed upon each local association to compel it to look after all delinquents diligently.Second: Sufficient responsibility should be imposed upon each State association to compel it to look after every loan in the State with promptness and persistency.
Comment:—First: Sufficient responsibility should be imposed upon each local association to compel it to look after all delinquents diligently.
Second: Sufficient responsibility should be imposed upon each State association to compel it to look after every loan in the State with promptness and persistency.
Section 144.That if any local association shall be formed at any time after the organization of the National Land Credit Bank, before it goes into actual operation such local association desiring to become a member of a State association shall first be compelled to obtain the unanimous consent of the board of managers of the State association in which the proposed local association is situated and shall pay for its shares such a price as may be fixed from time to time by the board of directors of the National Land Credit Bank for the admission of new associations.
Section 145.That all the expenses of whatsoever kind growing out of the management of the National Land Credit Bank shall be paid out of the earnings thereof.
Section 146.That the entire surplus of the National Land Credit Bank and the surplus of the State associations and the surplus of the local associations shall be held as a working balance, and also as a fund which may be withdrawn for investment in bonds or other securities of the United States. The President of the United States may direct that the whole of said surplus be investedin the bonds or other securities of the United States if, in his judgment, the general welfare and the interests of the United States require.
Section 147.That for the purpose of creating and establishing the organization provided for in this Act and putting the same into operation there is hereby appropriated the sum of three hundred thousand dollars, or so much thereof as may be necessary, as a loan to the National Land Credit Bank, at the rate of 3 per centum per annum until paid:Provided, however, That this loan shall not extend beyond the period of ten years.
Section 148.That to accomplish the purpose of this Act the governor of each State is hereby authorized and empowered to appoint some citizen of his State to organize at least twenty local associations in his State in accordance with the provisions of this Act, and such appointee is hereby authorized to expend not to exceed six thousand dollars in such undertaking. Upon the completion of the organization of at least twenty local associations under and in accordance with the provisions of this Act the amount of money so expended not to exceed six thousand dollars will be repaid to such appointee of any governor upon the presentation of vouchers for the money so actually expended duly signed by the governor of the State to the Treasurer of the United States.
Section 149.That the governor of the State in which at least twenty of such local associations have been organized as in this Act provided shall thereupon report in detail to the President of the United States, giving him the names and addresses of the local associations so organized, the names of the chairmen of the respective executive committees and their post-office addresses, and the names of the banks and their respective post-office addresses in which the several local associations have deposited the paid-up capital of twenty-five thousand dollars each, together with duplicate letters of receipt of the money from said bank.
Section 150.That if any governor of any State shall fail to make a report within nine months after the passage of this Act that at least twenty local associations have been organized as in this Act provided, then and in that event the allotment of the six thousand dollars to pay the expenses for the organization of at least twenty local associations in his State may be used proportionately to pay the expenses, if any, of organizing local associations in any other State or States in excess of the required number necessary to establish a State association—that is, the amount remaining unearned by any of the States shall be apportioned to the several States reporting more than twenty local associations directly in proportion to the number in excess thereof, preference, however, always being given to the States whose average expenses are lowest for the organization of their several associations.
Mr. Lawyer: Gentlemen, this concludes the results of our labor and I want to express the solicitude of your committee in proposing this bill and the hope that it may in a large measure meet your expectations.
Uncle Sam: Well, boys, speaking for the crowd, I want to say that I did not believe that the committee would be able to make its report for a month. Upon my soul, I did not expect that they would ever make so satisfactory a report. They seem to have thoroughly comprehended all the subjects we have discussed and to have produced a Financial and Banking Bill that will meet every question that can possibly arise; one that will protect every individual bank in its independence; one that will protect every commercial zone in its independence; and one that will protect my reserves against the demands of all the rest of the world.
Mr. Lawyer: Those are precisely the things we have striven to accomplish, Uncle Sam.
Mr. Merchant: During the past week I ran into a friend of mine who is in the banking business and considering that we were practically through with our work,I told him what I had been doing the past four months without giving him your names. "Well," he said, "I want to give you a pointer. If you are following along the trail of the Aldrich scheme you had better drop it; you had better save your time, because the people are on to that deal and they won't stand for it. You will have to make it clear that you are working from an entirely different point of view."
This remark of his opened my eyes and I am going to suggest that we spend one night demonstrating the striking, the fundamental points of difference between our bill and that Aldrich scheme.
Mr. Merchant: I am convinced that we should do that very thing and I propose and move that we meet next Wednesday night for that purpose.
Mr. Banker: To make a clean job of our work, I believe that is essential; because hundreds and hundreds of thousands of dollars have been expended in promoting that scheme, therefore, I second that motion.
Uncle Sam: The motion is carried and now good night, all.
To you, UNCLE SAM, we, the representatives of the FARMERS, BANKERS, LAWYERS, LABORING-MEN, MERCHANTS and MANUFACTURERS, dedicate the result of our endeavor, our future services, indeed, our lives; and we pledge our callings, every one of them, to continue the work here begun with that degree of vigilance and patriotism of which this great cause is worthy, confident that the result of our efforts will be to safeguard your honor and establish you upon the solid foundations of a sound Financial and Banking System.
WONT YOU WALK INTO MY PARLORSAID THE SPIDERTO THEFLYTHE ALDRICH PLAN AND PLOT EXPOSED
SEVENTEENTH NIGHT
ALDRICH PLAN AND PLOT EXPOSED
Uncle Sam: From what you boys intimated the other night, I got the impression that the so-called Aldrich scheme demonstrated almost everything that we should not do in working out a financial and banking system. It must have been more or less of a warning to you, then, when you started out.
Mr. Lawyer: To tell the truth, I had become so convinced of its ulterior purposes from the standpoint of management, that I never studied it seriously from an economic point of view, until this last week.
Mr. Banker: My position was just the reverse of that of Mr. Lawyer, for while I had studied it from an economic point of view and that of a practical banker, and had become so convinced of its utter unsoundness on the one hand, and unfitness for use to ninety-nine out of every hundred of American banks, I never dug into the soul of its management, until the past week. So we compared notes, and found the situation particularly interesting.
Mr. Merchant: Before you go any further, I want to read something from a speech, delivered in Congress March 29, 1910, two years before the Aldrich plan was born. You are all doubtless aware that the Aldrich scheme was nothing more nor less than an attempt to transfer to this country the German scheme of note issue and banking generally.
Mr. Laboringman: I heard the other day, that the Aldrich bill was deader than a door-nail. Why do we want to spend any time on that? Or, are you fellows like the Irishman, who said that he was kicking a dead dog to teach him that there was such a thing as punishment after death?
Mr. Merchant: You must remember, Mr. Laboringman, that error is always repeating itself, and that sin and iniquity never die; so, the economic blunders of the Aldrich Bill and its administrative purposes should be exposed and held up as a lesson and an illustration to guide us in the future.
What I wanted to read, was a part of Congressman Fowler's speech, delivered in the House of Representatives. Referring to the German banking situation, he said:
"The position of both England and France, under present conditions, would seem sound and impregnable from a governmental as well as a banking point of view. Each has planted itself upon the gold standard, with certain precautions peculiar to its circumstances. Germany, on the other hand, has not pursued the course of England, with its limited gold reserve, forcing the public into the deposit and check system to meet the current demands of trade. This would have been impossible without a long-continued ruinous revolution, considering that there is a quarterly settlement in Germany that calls for an expansion in currency amounting to $125,000,000. Nor has Germany pursued the course of France, which has a gold reserve large enough to meet any test or burden that either the Government or the commerce of Germany might have imposed upon it, but has adopted a middle course which has not the strength of the position of either England or France, nor the credit facility of France.
"Its gold reserve is of the halfway sort, and its bank note issue is also of the halfway sort. The result is that the financial and banking situation of Germany must necessarily prove weak upon the first great test when the bank notes of the Imperial Bank of Germany must be made a legal tender.
"Indeed, upon the declaration of war by Germany or against Germany, the first step taken in a financial way would be for her to declare her bank notes a legal tender.It is hardly problematical what would soon happen, with the wide divergence between her gold fund and the amount of her note issue."
Gentlemen, within eighteen months after he made that statement, when war seemed probable with France, Germany made her bank notes a legal tender.
Further along in the same speech, commenting upon the unsoundness of the German plan, he said:
"Imagine for a moment a central bank in the United States, like the Imperial Bank of Germany, issuing all our bank note currency and these notes going into the reserves of our myriad of banks as the basis of loans which, under our system, in turn become our deposits.
"The natural, first, and immediate effect would be an expansion of credit, an inflation to just the extent to which the notes were used for reserves.
"As soon as the situation became obviously dangerous, a halt would be called and a contraction in loans would follow. But a contraction of loans calls for liquidation, and liquidation produces an exigent demand for currency. We all learned that lesson only so short a time ago as 1907.