CHAPTER IV

COMMERCIAL BANKING IN THE UNITED STATES

The commercial banking system of the United States consists of several

elements which have been contributed at different periods in our

history. The most important of these are state banks, national banks,

and the independent treasury system.

_1. State Banks_

From the very beginning of our national history institutions enjoying,

among others, the privilege of commercial banking have been chartered

by our states. For several years after the adoption of our

constitution it remained an open question whether the incorporation of

such institutions was not their exclusive privilege, but in the case

of McCulloch v. Maryland, in 1819, the Supreme Court decided that the

federal government also had this right.

During the years 1791-1811, and 1816-1836, the state banks had as

competitors the first and second United States banks, and in 1863

so-called national banks entered the field, and, more recently still,

trust companies. Private banks have also existed from the beginning,

but their number and relative importance have declined in recent

years. At the present time the number of state banks exceeds that of

all other classes of banking institutions combined, but in capital and

resources they are inferior to both national banks and trust

companies.

Since each state has had a free hand in the matter of legislation

concerning the banks chartered under its auspices, uniformity in the

regulations imposed upon and in the kind and degree of supervision

exercised over this class of institutions, is lacking. In most cases,

however, as compared to national banks, the amount of capital required

is smaller; they have greater freedom in the making of loans,

especially upon real estate security; and they are not so carefully

examined and supervised by public officials. The most frequently

imposed legislative requirements are: the accumulation of a surplus

fund from earnings; double liability of stockholders; a minimum cash

reserve to be kept in the vaults, and an additional reserve on deposit

in other banks; the organization of a banking department for the

administration of the laws pertaining to them; regular reports and

examinations; and some limitation on real estate holdings and on the

amount of loans to be made on real estate security. On account of the

relatively low capital requirements imposed upon them, and the

liberality of the laws concerning them in other respects, state banks

have been able to prosper where national banks and trust companies

could not exist, and on this account in many parts of the South and

West they do most of the banking business in small towns and country

districts. They generally perform a wide range of banking functions,

including those of investment and savings as well as of commercial

banks.

_2. National Banks_

Our national banking system owes its existence to financial exigencies

of the federal government experienced during the Civil War. For a

considerable period preceding the outbreak of that struggle the

expenses of the government had exceeded its receipts. The deficit was

greatly increased as soon as the war began, and Congress did not find

it possible immediately to devise adequate new sources of revenue,

including a market for government bonds. It was, therefore, forced to

the issue of legal-tender notes under authority of an act passed

February 25, 1862.

After three issues of these notes, amounting to $400,000,000, had been

exhausted, and the value of the notes had depreciated to such an

extent that persistence in this method of financiering portended

speedy financial disaster, Congress adopted a suggestion made early in

the war by Secretary Chase, to the effect that a market for government

bonds might be created by compelling banks to purchase them as

security for their note issues. An act passed February 25, 1863,

provided for the incorporation of banks with the right to issue notes

on condition that they purchase government bonds and deposit them with

an official to be known as Comptroller of the Currency.

It was the expectation of the authors of this act that the state

banks, then numbering over one thousand, would exchange their state

for national charters and purchase bonds sufficient to secure their

circulation under the terms of the new act, but, since they showed

reluctance so to do, in 1865 force was applied in the form of a tax of

ten per cent on bank notes otherwise secured. Under this pressure most

of the state banks reorganized as national institutions, but a few

retained their state charters and formed the nucleus of the state

system of the present day. On account of the ten per cent tax,

however, the issue of notes by this remnant became unprofitable, and

the new national banks have to this day remained the sole banks of

issue in the country.

The act of 1863 has been amended several times, notably in 1864, 1870,

1874, 1875, 1882, 1887, and 1900. In its present form it permits the

organization of banks with a capitalization as low as $25,000 in towns

of 3,000 inhabitants or less, and with a capitalization as low as

$50,000 in towns of 6,000 or less. Banks organized under this act must

put ten per cent of their profits into a surplus fund until said fund

amounts to twenty per cent of the capital; must invest at least

twenty-five per cent of their capital, if it is less than $200,000,

and at least $50,000, if it is $200,000 or more, in government bonds;

and may deposit said bonds with the Comptroller of the Currency and

receive circulating notes to the amount of their par value, provided

their market value is par or above.

The rights and privileges of these banks are stated in very broad and

general terms, a fair interpretation of which permits them to engage

in both commercial and investment banking under certain specified

limitations, of which the most important are the following: they must

not invest in or hold real estate beyond their owns needs for suitable

quarters, or temporarily for the purpose of collecting debts due them;

they must not accept real estate as security for loans; they must not

loan more than ten per cent of their capital and surplus to any one

person or firm; and they must keep reserves to the amount of fifteen

per cent of their deposits, if they belong to the group known as

country banks, and to the amount of twenty-five per cent of their

deposits, if they belong to either the reserve city or the central

reserve city group.

In the case of country banks, at least two-fifths of the required

reserves, and in the case of reserve city banks, at least one-half,

must consist of specified forms of money in their own vaults. The

remainder may be balances payable on demand in approved banks in

reserve or central reserve cities in the case of country banks, and in

the central reserve cities in the case of reserve city banks. In the

case of banks in central reserve cities, the entire reserve prescribed

by law must consist of money in the vaults. These required minimum

reserves must not be infringed upon. When a bank's cash and balances

with its reserve agents fall to the prescribed minimum, discounting

must be stopped under penalty of suspension of privileges and

liquidation by the Comptroller of the Currency.

At five dates each year, selected by the Comptroller of the Currency,

national banks must make detailed reports of their condition on

prescribed blanks and publish abstracts of such reports in local

newspapers. They must also submit to examination by persons appointed

for that purpose by the Comptroller as often as this official may deem

necessary and proper.

National banks have been organized in every state of the Union, and in

Maine, Massachusetts, and Vermont they have completely supplanted the

state banks. Elsewhere they exist side by side with state banks and

compete with them. In some states they are more and in others less

numerous than state banks. In the kind of business transacted the only

important difference between the two classes of institutions consists

in the loans on real estate security, which national banks are

prohibited, and state banks allowed, to make. The latter, therefore,

share this class of business with the trust companies only, and where

it predominates have a distinct advantage in competition over the

national institutions.

_3. The Independent Treasury System_

While not a banking institution, the Treasury of the United States

handles its funds in such a manner and performs such functions with

reference to the currency that it has become an important part of the

banking system of the country.

Previous to 1840 the funds of the federal government were kept on

deposit in banking institutions, during the greater part of the time

in the First and Second United States banks. Friction between

President Jackson and the Second United States Bank resulted in their

withdrawal from that institution in 1834 and their deposit in selected

state banks, several of which failed and all of which suspended specie

payments during the crisis of 1837. The embarrassment which the

treasury experienced in consequence, combined with previous

unsatisfactory relations between the government and its depositories,

convinced President Van Buren that the Treasurer ought himself to keep

and to disburse the funds of the government. He made a recommendation

to this effect to Congress, which in accordance therewith enacted the

first independent treasury act in 1840. The revival of agitation for a

third United States Bank led to the repeal of this act the following

year, but in 1846 it was reenacted and with modifications has remained

upon our statute books to the present day.

In its original form this act provided for the acquisition of vaults

in certain cities, in which should be deposited the funds of the

government as soon as possible after they came into the hands of the

receiving officers, and out of which should be taken, upon drafts

issued by the Secretary of the Treasury, the money needed for the

payment of the government's obligations. It further provided that all

dues to the government in the future should be paid either in coin or

in currency issued exclusively by the government, and that all

expenses should be paid in the same forms of money.

Important modifications in this act were made during and after the

Civil War. In 1863 permission was granted the Secretary of the

Treasury to deposit in national banks funds accumulated in the

treasury, and derived from any source except duties on imports,

provided the banks selected for this purpose should deposit with him

government bonds for their security. Subsequently the discretionary

power of the Secretary in this direction was extended so that at the

present time he is authorized at his discretion to deposit in national

banks surplus funds derived from any source, trust funds alone

excepted, and to accept as security therefor other securities than

government bonds. Other laws have made national bank notes acceptable

for certain public dues, and have given the Secretary authority to

issue gold and silver certificates against gold coin and silver

dollars deposited in corresponding amounts, and to redeem United

States notes in gold coin and to keep on hand for that purpose a gold

reserve of $150,000,000.

In its operation, this independent treasury system affects the

reserves of the banks and through them their discounts and the

commerce of the country. Whenever the receipts of the government

exceed its expenditures, money accumulates in the treasury and the

reserves of the banks are diminished; and, under opposite conditions,

they are increased. The return of accumulated surplus funds to the

banks is possible when the Secretary of the Treasury decides that such

return is desirable or necessary and when the banks are able and

willing to supply the bonds demanded as security. In case a deposit is

agreed upon the funds go to a relatively small number of national

banks selected as depositories by the Secretary of the Treasury, the

amount allowed each depository also being determined by him.

Through its ability to issue gold and silver certificates, its

obligation to redeem United States notes in gold on demand, its

administration of the United States mints and assay offices and the

laws regulating the supply and distribution of subsidiary coin, the

United States Treasury cooperates with the banks in the supply and

distribution of the circulating medium of the country. The people

apply to the banks for the forms of money and currency desired and

these institutions meet the demand by means of the funds deposited

with them or by their exchange at the various subtreasuries, if the

forms of money deposited do not correspond with these demands.

_4. The Interrelations of These Institutions_

Under the operation of the national banking act, New York, Chicago,

and St. Louis have been designated as _central reserve_, and

forty-seven other cities as _reserve_ cities. The national banks in

these reserve cities act as reserve agents for national banks in the

cities and towns not so designated and ordinarily receive on deposit

the major part of their reserves plus surplus funds not needed for

local purposes. Banks in the central reserve cities act as reserve

agents for the banks in the reserve cities as well as for country

banks, and on account of their importance as commercial and investment

centers receive and hold in the form of bankers' balances a large part

of the reserve funds as well as the surplus investment funds of the

national banks of the entire country.

State banks and trust companies manage their reserve and surplus

investment funds in substantially the same manner as national banks,

using national banks in the reserve and central reserve cities as

their reserve agents. State laws usually allow approved state banks

and trust companies also to act as reserve agents for the banks and

trust companies under their jurisdiction, but these approved banks are

generally located in the reserve and central reserve cities, and

themselves employ the national banks there located as their reserve

agents, thus forming simply an additional conduit through which the

reserve and surplus investment funds of state banks and trust

companies reach the central money reservoirs administered by national

banks in the central reserve cities.

National banks in the reserve and central reserve cities are also

clearing centers for the enormous volume of checks and drafts which

the administration of the checking accounts of the banks and trust

companies of the country bring into existence. They act as

correspondents as well as reserve agents for these other banks and

trust companies, and in this capacity collect out-of-town checks and

drafts and conduct checking accounts for them. Within these cities, as

well as in hundreds of others, clearing house associations conduct the

local clearings and also act as agencies through which national and

state banks and trust companies cooperate in the promotion of common

interests.

The center of the entire system is in New York City. The clearing

house association of that city, consisting of over fifty national and

state banks and trust companies, includes the banks the vaults of

which constitute the central money reservoir of the country and which

constitute the center of the country's clearing system. Through the

New York subtreasury pass the greater part of the receipts and

disbursements of the government, and the chief assay office in the

country is located there. The New York stock exchange is our only

stock and bond market of national scope, and consequently the

investment center of the country.

The Associated Banks of New York City, as the members of the clearing

house association are called, hold the greater part of the reserves of

the banks and trust companies not required by law to be kept in the

local vaults, as well as the greater part of the surplus investment

funds of the entire country. It is through the operation of the New

York subtreasury on the reserves of the Associated Banks that the

chief influence of the independent treasury system on the banking

business of the country is exerted, the greater part of the

government's receipts coming directly out of those reserves, and a

large part of the expenditures going into them, and the greater part

of the money deposited in national banks by the Secretary of the

Treasury going directly or indirectly into New York institutions. Most

of the exports and imports of coin and bullion pass through New York,

and the major portion of the foreign exchanges of the entire country

are there effected. The New York Assay Office receives and distributes

the greater part of the new supplies of gold and silver bullion which

come from our mines and transforms into bullion the major part of

these metals that come to us from abroad and do not find employment as

foreign coin. The New York Stock Exchange is the medium through which

a large part of the surplus savings of the country are invested in our

industries or loaned for the use of our national, state, municipal,

and other local governmental agencies.

_5. Operation of the System_

The most noteworthy features of the working of this machinery may be

discussed under the heads: conflict of functions and laws; loan

operations; treasury operations; reserve system; absence of elasticity

in the currency.

(_a_) _Conflict of Functions and Laws._--The two classes of banking

institutions which have been described (state banks and national

banks) and trust companies, described in a subsequent chapter, exist

side by side in many communities, and in the performance of certain

services compete for the patronage of the public. As has already been

pointed out, state and national banks differ little in their functions

except in their relation to real estate loans, and in some states

trust companies perform all the functions of these institutions and

many others besides. In the performance of these common services,

however, they are rarely regulated by the same laws or subjected to

the same kind or degree of public supervision. The competition between

them, therefore, is not always on a fair basis and the temptation to

violate restraining laws and administrative regulations is strong. The

supervising officers recognize the situation as a rule and go to the

extreme limit of leniency in administering laws and regulations which

operate to the manifest disadvantage of the institutions over which

they have jurisdiction, but even then it is often impossible to render

the basis of competition fair and equitable.

This condition of affairs has resulted in the devising of ways and

means of circumventing obnoxious laws and in some cases in practices

which are pernicious in themselves. As examples may be mentioned the

widespread practice of national banks, which are prohibited by law

from making loans on real estate security, of making loans to

customers who can offer no other collateral, on the security of their

personal notes only, or of making loans secured by real estate by a

three cornered operation utilizing a director or officer or some other

third party as intermediary. All three classes of institutions

compete in soliciting the savings deposits of the community, with the

result that the trust companies and savings banks, which often have

the advantage here, sometimes force upon their state and national bank

competitors a higher rate of interest on such deposits than they ought

to pay. The differing regulations in some places in force regarding

the amount that may be loaned to a single individual or firm has also

resulted in some cases in devious and uncommendable practices.

For the remedy of these conditions the first desideratum is the

careful differentiation of the various functions performed by all

these institutions, and the devising of appropriate legal and

administrative regulations for each one. These regulations should then

be incorporated into the legislation and the administrative practices

of the federal government and of each state, and any institution which

performs any of these functions should be obliged to submit to the

regulations pertaining thereto. The difficulties in the way of

securing such a differentiation of functions and such community of

action between the federal government and our states are too obvious

to require statement, but they should not prevent the formulation of

ideal conditions, and a conscious and persistent effort to attain

them.

(_b_) _Loan Operations._--In making loans, a typical method of

procedure for a business man is to arrange with a bank for what is

technically called a "line," that is, the maximum amount he may expect

to be able to borrow under normal conditions. This "line" determined,

he borrows from time to time according to his needs, giving as

security his personal note, payable in one, two, three, four, or six

months. Sometimes an indorser is required, and sometimes the deposit

of collateral, mortgages on real estate, bonds, stocks, and warehouse

receipts being the most commonly used securities employed in such

cases. Ordinarily, when a note falls due, he expects the bank to renew

it, if its payment at the time is not convenient, the agreement on a

"line of credit" ordinarily carrying with it that implication, though

not legally, probably not morally, binding the bank so to do. Indeed,

the customer ordinarily counts the amount of his "line" as a part of

his working capital and expects to keep it in use a large part, if not

all, of the time.

In the determination of the amount of these "lines of credit," the

judgment of some one or more bank officers, assisted by a discount

committee and sometimes, though not as a rule, by a specially

organized credit department, rules. In forming these judgments, the

bankers of the United States as a class are not guided by any

universally recognized and well established principles. The best ones

require from their customers carefully prepared statements showing the

nature and volume of the business they transact, and a careful

classification of their assets and liabilities. Others, and these are

a large majority, rely upon the knowledge they already possess, gained

by general observation, and supplemented by verbal inquiries made from

time to time and by the voluntary statements of the customers

themselves.

The significance of the distinction between commercial and investment

operations in the business of banking is not generally understood, and

is consequently little regarded. The dominant question in the mind of

the average banker, both in determining the amount of a customer's

line and in making loans to him after the line is fixed, is how much

he is "good for," and on this point the total net worth, rather than

the nature of the business operations, of the customer is likely to be

decisive. Of course, the banker is also influenced by the customer's

reputation for both integrity and business ability.

This method of procedure has the advantage of rendering access of

people to the banks easy and of promoting their extensive use, but it

has the grave disadvantage of opening the doors wide to inflation of

credit. The majority of our bankers do not know whether more or less

than their savings deposits and their capital and surplus, the only

funds which can safely be invested in fixed forms, is so invested. The

promissory notes of their customers, which constitute the major part

of their assets, give no information on this point, and they have not

made the investigations necessary to determine with certainty the

destination of the funds they have loaned. They are satisfied with the

knowledge or the conviction that their loans can be collected, not at

maturity--they know very well that many, probably most, of them can

not--but ultimately. The result is that unconsciously and gradually

the banks create their demand obligations in the form of balances on

checking accounts against fixed investments in machinery, buildings,

lands, mines, etc., and, when the payment of these obligations is

demanded, the reserves fall below the danger point and they are forced

to require payment at maturity of paper which the maker had counted

upon having renewed indefinitely, and the payment of which is only

possible by the forced sale of the property in which the borrowed

funds were invested, or of some other property in his possession. If

only a single bank or a comparatively few banks find themselves in

this condition, relief may be found in the rediscount of paper with

other banks, in direct loans, or in the sale of securities on the

exchanges; but, if the condition is general, relief by these means is

impossible, and widespread forced liquidation becomes necessary. An

aggravated situation of this kind causes panic and results in a

commercial crisis.

(_c_) _Treasury Operations._--The operation of our independent

treasury system produces arbitrary fluctuations in the reserves of the

banks and prevents that degree of prevision which is essential to the

most economical and the safest practices. The funds needed for current

purposes are withdrawn from the banks and kept under lock and key in

the treasury vaults, thus diminishing reserves to the extent of their

amount. Surplus funds likewise accumulate in the vaults with the same

result, until the Secretary of the Treasury sees fit to deposit, and

the banks find it possible to receive them. Even then the depository

banks alone are directly benefited, and no one of these knows long in

advance how much it is going to receive or when funds left on deposit

will be withdrawn.

Since the volume of the business of the government is very large, the

effects produced by the movement of its funds are of such magnitude as

to give them national importance, the ability of banks to loan and to

meet obligations already incurred being profoundly affected by them.

Among these effects must also be noted the inability of the banks to

calculate these movements in advance, as they to a degree can those

produced by the operations of their commercial customers, and the

relation between them and the Secretary of the Treasury, which

results. The relation between the receipts and the disbursements of

the government vary greatly from month to month and year to year, so

that, on the basis of past experience, it is impossible to predict

when the banks will gain from or lose to the treasury. The action of

the Secretary of the Treasury regarding deposits of surplus funds is

equally uncertain and unpredictable. No fixed policy regarding this

matter has yet been established by precedent or determined by law.

Each secretary follows his own judgment and is influenced by current

events and conditions.

The uncertainty which results creates a speculative atmosphere about

the money market and renders the banks dependent upon the secretary

and the secretary influential on the money market in a manner which is

unfortunate for both. Since they cannot be indifferent to the

operations of the treasury, and cannot predict them, banks are obliged

to speculate regarding them, and, if they err, they are likely either

to over-extend their credit operations or unduly to contract them. The

former will result when they expect an increase in their reserves from

treasury sources and do not get it, and the latter when contemplated

withdrawals of funds do not occur.

The Secretary of the Treasury is not in a position properly to

exercise the power conferred upon him. He is outside the channels of

commerce and industry, and must, therefore, secure at second hand the

information necessary for intelligent action. Such sources of

information are frequently unreliable and inaccurate and their use

subjects him to the charge of favoritism and to the danger of acting

in the interest of special groups or special localities.

(_d_) _Operation of the Reserve System._--Each national bank now keeps

locked up in its vaults money to the amount of at least six to

twenty-five per cent of its deposits and a balance with banks in

reserve and central reserve cities sufficient to bring the total to at

least fifteen per cent of deposits in the case of country banks, and

twenty-five per cent of deposits in the case of reserve city banks. In

addition, it is customary for most banks to carry as a secondary

reserve high-grade bonds which can be readily sold in case of need.

The practice of state banks is practically the same as that of

national, and that of trust companies differs only in the amount of

reserves carried and in the proportion between the different items.

This system has many disadvantages. Among them the most obvious,

perhaps, is the withdrawal of enormous sums from the current use of

the agriculture, industry, and commerce of the country. That portion

of these reserve funds which is required to be kept under lock and key

in the vaults, amounting in the aggregate to a billion and a half of

dollars or more, is not available for use in ordinary times, and is

practically useless even in times of stringency, since according to

present law, when the reserves fall to the minimum prescribed by law,

banks must stop discounting, under penalty of being put in the hands

of a receiver. The other portions of these funds, namely, those

deposited with banks in reserve cities and those invested in bonds,

are likewise withdrawn from the uses of current commerce, since a

large part of the former is only available for use on the New York

Stock Exchange, and the latter are invested in railroads, mines,

factories, land, etc.

The explanation of the devotion of the redeposited portion of the

reserves to the operations of the New York Stock Exchange is to be

found in the fact that that exchange furnishes a regular market for

call loans on a large scale. Since these funds are held subject to the

call of the banks which deposited them, and interest at the rate of at

least two per cent is paid upon them, the depository banks are bound

to seek investment for them, and call loans on collateral listed on

the exchange under ordinary circumstances are best suited to their

purposes.

Another disadvantage of this reserve system is the dangerous situation

in which it places banks from time to time, and the tendency to panic

which it fosters. The demands made upon banks for both cash and credit

vary with the seasons. In the fall and spring they are much greater

than in the winter and summer. They also vary regularly through

periods of years, increasing during the up-grade of a credit cycle and

decreasing for a longer or shorter period after a crisis. Irregular

and unexpected events also cause variations. On account of the

rigidity of this reserve system and the lack of elasticity in our

currency, the means available to banks for meeting increased demands,

especially those of an irregular and unexpected character, are

inadequate, and their employment is often dangerous. These means are:

keeping in the vaults in slack times a large amount of unused cash, a

practice too expensive to be employed; keeping surplus balances with

correspondents at two or three per cent interest, not a sufficiently

remunerative practice to be employed on a sufficiently extensive

scale; rediscount with correspondents of some of their customers'

paper, or loans from them on the security of their own signatures or

on such security supplemented by collateral; and sale of bonds at such

prices as they will bring.

None of these expedients is certain at all times and under all

conditions, and some of them are precarious at all times. Surplus

balances with correspondents are most reliable, but they occasionally

fail on account of the inability of correspondents to realize upon

their call loans. When calls for the payment of balances are large and

general, it is impossible for brokers whose loans are called by one

bank to transfer them to another. The collateral deposited as security

must, therefore, be offered for sale on the stock exchange, and the

very stringency which resulted in their being so offered renders their

sale, even at slaughter prices, difficult and sometimes impossible.

The result at the best is a heavy fall in the prices of stock-market

securities, and at the worst a stock-market panic and a suspension of

payments by the banks.

Rediscounts and loans from correspondent banks cannot be depended on.

Correspondents are under no obligation to make them. They will usually

do so as a favor, if their condition warrants, otherwise not. Sales of

bonds on the stock exchange are difficult and sometimes impossible in

times of emergency, and are usually attended with loss.

On account of this uncertainty and the danger attending it, when new

and unusual conditions likely to result in increased demands upon them

arise, banks are likely to act "panicky"; to call in their balances

from correspondents; to sell bonds; to call loans; and greatly to

curtail or absolutely to cut off new discounts. This action spreads

the panicky feeling among their customers, and creates such pressure

at the reserve centers as to cause curtailment of accommodations and

panic there.

At the very best, this reserve system is accompanied by high discount

and loan rates and by speculation on the stock market. High rates

result inevitably from the hoarding of currency which it involves, the

supply of loan funds being abnormally diminished, and speculation

follows from the concentration in slack times of funds in New York

City, which can only be employed in call loans on stock-exchange

collateral. Stock brokers regularly take advantage of this situation,

speculate themselves and inspire speculation among their customers.

The mutual dependence of the stock and money markets thus produced by

this reserve system is disadvantageous to both, fluctuations in

values, uncertainty, and irregularity on both being the result.

(_e_) _Lack of Elasticity in the Currency._--The money of the United

States consists of four main elements, gold and silver coin, United

States notes, and national bank notes, and none of these fluctuate in

volume in accord with the needs of commerce.

The gold element depends primarily upon the output of our gold mines

and upon the international movement of gold, increasing when that

output increases and when our imports of gold exceed our exports, and

decreasing under opposite conditions. These fluctuations, however, are

quite independent of our commercial needs. Silver dollars, which

constitute the major part of our silver currency, for several years

have been unchanged in quantity, and the volume of United States notes

has remained at $346,681,016 since the resumption of specie payments,

January 1, 1879.

National bank notes fluctuate in volume as a result of changes in the

number of national banks and in the prices of government bonds.

Whenever a new national bank is organized, a specified portion of its

capital must be invested in government bonds, which bonds are usually

deposited with the Comptroller of the Currency in exchange for notes;

and, when the price of government bonds rises, banks holding more than

the minimum required by law frequently retire a portion of their

circulation in order to recover their bonds for sale at the enhanced

price. When the price of government bonds falls, many banks purchase

additional quantities and increase their circulation.

Changes in the price of government bonds and in the number of national

banks, however, have no connection whatever with changes in our

currency needs, and no more do the fluctuations in the volume of the

currency as a whole, made up of these various elements combined. As a

result of this condition, rates on loans and discounts fluctuate

greatly on account of wide variations between the demand and the

supply of loan funds, and commerce is hampered at certain seasons and

overstimulated at others. As was indicated above, this lack of

elasticity in our currency aggravates the defects of our reserve

system and also aids in the production of financial panics.

_6. Plans for Reform_

On account of the defects in our system of banking, there has been

long-continued agitation for reform, increasing in scope and intensity

in recent years. After the crisis of 1907, which revealed these

defects to many persons who had not observed them before, Congress

appointed a commission to make investigations and to prepare a reform

measure. In January, 1912, this committee submitted a report which

embodied a bill for the incorporation of a National Reserve

Association, to be made up of a federation of local associations of

banks and trust companies. The purpose of this association was to

supply a market for commercial paper, an elastic element in the

currency, a place for the deposit of the bank reserves of the country

and of the funds of the government, as well as proper machinery for

the administration of this market and these funds.

For various reasons, the plan of the monetary commission did not meet

with universal favor. It was condemned in particular by the Democratic

party, which was victorious at the polls in the fall elections, and

installed a new administration in Washington, March 4, 1913. A special

session of the new Congress was called to consider the tariff

question, and to it was submitted another plan for the reform of our

banking system, which was enacted into law December 23, 1913.

This law provides for the incorporation of so-called "Federal Reserve

Banks," the number to be not less than eight or more than twelve. The

country is to be divided into as many districts as there are Federal

Reserve Banks, and the national banks in each district must subscribe

six per cent and pay in three per cent of their capital and surplus to

the capital stock of the Federal Reserve Bank located in that

district. State banks and trust companies may contribute on compliance

with the same conditions as national institutions. If, in the judgment

of the organization committee, the amount of stock thus subscribed is

inadequate, the public may be asked to subscribe, and as a last resort

stock sufficient to raise the total to an adequate figure may be sold

to the Federal Government. Cooperation between these Federal Reserve

Banks and a degree of unity in their administration are provided for

through a Federal Reserve Board of seven members, two ex officio and

five to be especially appointed by the President of the United States.

For the administration of each Federal Reserve Bank, a board of

directors of nine members is provided for, six to be appointed by the

member banks and three by the Federal Reserve Board, one of those

three to be designated as Federal Reserve Agent and to be the

intermediary between the Federal Reserve Board and the bank of whose

directorate he is a member.

The proposed Federal Reserve Banks are to hold a part of the reserves

of member banks and to rediscount commercial paper, administer

exchange accounts, and conduct clearings for them. They are also to

serve as depositories for the United States government, and to issue

treasury notes obtained from the Federal Reserve Board in exchange for

rediscounted commercial bills, these notes to be redeemable on demand

by them and to be a first lien on all their assets. Their retirement,

when the need for them has passed, is provided for by the requirement

that no Federal Reserve Bank shall pay out any notes except its own,

all others being sent in to the issuing bank or to the treasury for

redemption. Against outstanding note issues a reserve of at least 40

per cent in gold must be maintained, and against deposits one of at

least 35 per cent in gold or lawful money.

This law provides remedies for the chief defects of our system;

namely, a market for commercial paper which will enable a properly

conducted bank at any time, through rediscounts, to secure notes,

legal-tender money, or checking accounts in the amounts needed; a

system of note issues which will fluctuate automatically with the

needs of commerce for hand-to-hand money; a more economical

administration of the reserve funds of the country, unattended by the

dangers of the present system, and an administration of the funds of

the federal government which is free from the evils of the independent

treasury system.

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