Rural Wealth and Welfare: Economic Principles Illustrated and Applied in Farm Life

by Geo. T. Fairchild

Often the bank, equipped with safe protection against fire or robbers, receives the wealth of others in any form of money for safe keeping, with provision for its being paid when it is needed, whenever and wherever the owner directs. The same bank may be asked to exchange the money in its possession for notes of individuals payable on demand or at definite future time. It may even issue notes of the firm in place of the individual notes received, acquaintance of a community with the standing of the bank as a dealer in money making its notes circulate where individual notes would not. In this case the wider credit of the [pg 142] bank is exchanged for the limited credit of individuals. In the end a well established bank in close association with a system of banks is expected to do any service that has to do with either money or credit, so long as the credit approximates cash transactions, and has not drifted into overdue debts requiring courts and officials for collection.

So important are all these functions of a bank to the interests of society that distinct provision is needed in the law of the land for establishing the bank and maintaining its efficiency. The double system of government in our country known as state and national leads to two classes of banks, called state or national according as they are organized under authority of state government or under national laws.

State banks.—The independent laws of any state are supposed to provide such restrictions as the people desire for the management of banks. Any bank chartered by the state government is subject simply to the laws of the state pertaining to banks and is called a state bank, whatever the name under which it does business.

The laws of the different states vary indefinitely, but the essentials of a banking law quite recently established in one of the states may serve to illustrate the modern ideals as to safe, legitimate banking. Under this law a bank must be a corporation of not less than five persons who have subscribed for the entire stock and have paid at least 50 per cent of the value of this stock before beginning business, with provision for payment of 10 per cent each month until the whole of the capital [pg 143] stock is paid for in cash. Each stock-holder is individually liable to an amount equal to the value of his stock for any debts of the bank in excess of its original stock. Having settled upon a name distinct from all others, its application is made to a bank commissioner for a charter to do business in banking according to the laws of the state. Under the charter issued by the commissioner, the bank is required to be managed by a board of directors, from five to thirteen in number, which board elects the needed officers and appoints the necessary clerks. It cannot increase its capital except by fully paid stock, and can do no other kind of business, like buying and selling of goods and lands, or managing factories and railroads. It is authorized to receive deposits and make loans at interest not above legal rate, provided it keeps on hand available funds, including bank balances, amounting to 20 per cent of its total deposits, and never loans to one individual or firm more than 15 per cent of the paid up capital of the bank. A penalty of fine and imprisonment follows conviction of any officer for receiving deposits after general insolvency is known.

Each bank is required to report to the commissioner at least quarterly, and whenever called upon to publish its report; while failure to comply with requirements of the commissioner in report or otherwise brings immediate forfeiture of the charter. The commissioner or his deputy must visit each bank at least once a year and whenever occasion may require. If, upon examination, a bank is found insolvent the commissioner himself takes charge of the business for [pg 144] final settlement of its affairs. These important restrictions and careful inspection are thought necessary to secure the public interests in banking. The state through its bank commissioner gives guaranty to the public of legitimate and safe banking. The value of that guaranty, of course, depends upon the honesty, experience and executive ability of the bank commissioner, whose term of office and compensation should make him as independent as possible of any weakening influence. Under present arrangements no state banks issue their notes as currency because of a national tax of 10 per cent, which prevents a possible profit from its issue. Present state laws, therefore, make no provision for that function, unless by statutes existing before the organization of national banks. The states still have the constitutional right, apparently, to charter banks of issue, but the advantages of uniformity throughout the nation are so evident as to make such action very improbable.

National banks.—The so-called national banks organized under authority of United States government have been in existence since 1863, and have proved, so far as currency is concerned, such an improvement upon anything preceding in the way of bank issues, that few have advocated any return to former methods. The system as now existing places the authority of the United States in an officer called the comptroller of the currency. The law requires an association of five or more persons with a definite name and location, having not less than $100,000 capital ($50,000 in small towns) all paid within six months of beginning business. Share-holders are [pg 145] individually responsible for debts of the bank, aside from their stock, to an amount equal to their stock.

In banks having over $5,000,000 capital a surplus of 20 per cent may take the place of this individual responsibility. Not less than one-fourth of the capital stock, usually one-third, is deposited in the United States Treasury in the form of registered bonds of the United States, to be held exclusively for security of circulating notes. These notes are issued to the bank by the comptroller to the amount of not more than 90 per cent of the market value of the bonds deposited. These notes, printed by the government, signed, registered and sealed in the United States Treasury, in denominations from five dollars to one thousand dollars, become money when signed by the officers of the bank whose name they bear. The cost of these notes, together with the cost of restoring when worn out, as well as the expenses of the comptroller's office, are met by a tax of 1 per cent per annum, paid semi-annually, upon the average amount of notes in circulation during the previous six months. Such notes are not a legal tender, but are received at par for all dues to the United States except duties on imports, and for all demands against the United States except interest on the public debt and in redemption of currency. Any other issue of notes is prohibited, and worn out notes are cancelled and burned in the Treasury of the United States, being replaced by new.

The banks in sixteen principal cities are required to hold a reserve equal to 25 per cent of their circulating notes in lawful money of the United States, namely coin or treasury notes, and all other banks must have a reserve [pg 146] equal to 15 per cent of their circulating notes in the same form. This reserve is held for the redemption of the notes, provision being made for such redemption at the Sub-treasury of the United States in New York city, bank balances and clearing house certificates in the larger cities being counted as part of the reserve. The object of this is to secure ready redemption of any note in all parts of the nation.

The comptroller's office includes expert examiners, and to it each bank must report at least five times a year, with other special reports as called for. Each bank is subject to examination at the pleasure of the comptroller, and in case of failure to redeem bills or comply with the law, the comptroller has power to take possession of the bank and close its business. The usual banking business of any national bank proceeds according to the laws of the state in which it exists, the legal rate of interest of the state being compulsory.

Advantages and disadvantages of national bank currency.—The advantage of such a uniform system of bank notes is evident. The bills are secure beyond the possibility of doubt as to their final redemption, and therefore circulate freely without reference to the failure of the bank issuing them. In case of failure, all the banks form a ready machinery for collecting the bills for final redemption at the United States treasury. The frequent reports and expert inspection give as satisfactory means of maintaining safe management as can be secured by law. The possibility of connivance between examiners and bank officers is reduced to a minimum.