CHAPTER XVIII.

A FALSE BASAL PRINCIPLE.

That usury or interest must be held under the restraints of law is

recognized in nearly all countries. It is treated as a necessary evil

that cannot be abolished, and therefore must be controlled. Bacon

said, "It is permitted on account of the hardness of men's hearts."

The laws differ in the various states. The rate of interest authorized

by a particular state is not invariably fixed, but is changed as the

condition of the people seems to demand.

That which determines the rate, of any particular people, at any

particular time, is the productive ability of the borrower. The rate

now in England is about three per cent. The conditions being such that

the productive power of the borrower is very limited. In the United

States, where the natural resources are not all occupied, and the

avenues for successful effort more numerous, the average is seven per

cent. In the western states of the United States the rates are higher

than in the eastern, for the material resources lie so open and

undeveloped that the productive power of the borrower is far greater

than in the older eastern states.

The basal for the rate of interest is the benefit or the advantage of

the loan to the borrower. What can the borrower do or make with this

capital? How great a benefit can he gain by it? The rate is based on

the earnings of the borrower.

The transfer from R. R. station to R. R. station across this city is

twenty-five cents. That I may make my train and meet my appointment,

that prompt and rapid transfer is of greater value to me, but that

does not give the hackman the right to an increased charge.

The fare to the distant city is ten dollars, but to me, with important

business waiting and suffering, it is worth an hundred. The conductor

does not ask me what my profits are to be from this trip. He collects

the same fare of all for the same service, whatever their interests

may be in the passage.

The letter which is freighted with a proposition that affects my

future life is two cents. Because of great value to me the postal

service is no more than a letter of idle gossip.

Railroad freight rates are at times arbitrarily fixed on the basis of

the benefit to the patron. The rates of freight from a coal mine are

sometimes made by a railroad on the basis of the profits of operating

the mine. The rates to a quartz mine in the mountains are often so

regulated. A contractor, dependent on a transportation company, must

often share his profits. Such rates are regarded as unjust and

oppressive and efforts are made to correct the evil by law.

A is crossing the city and can without inconvenience carry a note to a

party for B. That accommodation without sacrifice or inconvenience on

the part of A is no basis for a charge upon B, though the delivery of

the message was of value to B, but if A discovers that in delivering

that note he can make it a matter of business gain to himself, that

would not justify B in claiming a part of the profits A secured for

himself. While A served his own business he also favored B. It would

be unreasonable and unjust for B to forget the favor and make a charge

against A, because in the delivery of the note A managed to gain a

profit.

Two farmers are without barns. It will require the labor of a number

of years to secure the requisite amount of lumber and other material

to enable them to erect their barns. One of the farmers undertakes to

shelter and protect from decay the lumber of both, until the requisite

amount can be secured. This is a real favor to the other and is

accepted readily. He even offers to pay him for the care and

liability. But he discovers afterward that his neighbor, by wise,

careful and skillful piling, has made from this lumber a shelter for

his stock and grain. That he has so managed as to gain for himself a

benefit. Then, with the false principle of usury he makes a charge for

the keeping of the very thing for which he was willing to pay a

price.

A gentleman not wanting his coach for a time, but wishing it to be

kept in perfect repair, and his team fed and exercised, to be kept

sleek and strong, leaves it in his coachman's care. The coachman

agrees to keep from decay, and to replace should one die, and at the

end of the term, return the coach in perfect condition, no mar or

wear, and the team sleek and strong from good care, feed and daily

exercise. But the coachman discovers that in the daily exercise of the

team he can carry a party of business men to and from their offices,

and secure for himself a gain. He, at the end of the term, returns the

carriage and equipage complete as he received it. The owner has had

his property perfectly cared for during the term he could not use it.

But the owner learning of the benefit to the keeper, which would not

have been possible without his equipage, demands a portion of the

benefit which cost him nothing, nor in the least diminished his

property.

A gentleman has a warm, rich and beautiful robe, but is about to

travel a number of years among the countries of Cuba, Porto Rico, and

the Philippines, where he will not need it, and afterward visit

Siberia, where he will need and use it. Another undertakes to relieve

him of all care of it during these years and deliver it to the

Siberian home ready for his use. He protects it from the moths in

summer, and guards it against all touch or taint, and delivers it in

the perfect condition in which it was received. In justice he

deserves a reward from the owner, and if he received no benefit, would

receive it, but it is found that he needed it for his comfort by the

way, and that without it he should have perished. Then the owner

demands a reward for the benefit the carrier received. The owner did

no service. He received a positive benefit, but the porter, who

carried the burden all the way, must pay interest or rental because he

was kept from perishing by it.

The surprise or discovery feature is introduced into the above

illustrations to emphasize the false basis upon which the rates of

interest rest. In the actual practice of usury the lender may have

full information as to the use of the loan and its advantages to the

borrower. If we eliminate this feature the basis still remains

untenable. By no tortion of ethics can I demand that he, who does me a

favor, shall pay me for the privilege.

A man has one thousand dollars of money he is not using. He gives it

to another to keep or place in a drawer in his vault. To care for this

and be responsible for it, a commission is allowed, for it is no

benefit to the keeper. Even an amount is asked for the drawer in the

vault, without responsibility. To care for this a term of years is

deserving of a reward. But now keeping the property equally safe, and

returning every dollar when the owner calls for it, is not

satisfactory to the usurer. If this money has in any way proved a

benefit to the keeper, through his wisdom and energy and skill, he

demands an increase. What is this loan worth to you? is the question

of the usurer to the borrower.

The basis of legal interest rates is the amount of benefit the

borrower gains by the loan. If his opportunities in a state are

favorable, and he may by diligence make a large gain, the rates are

high. If in another state his opportunities are so limited that,

strive as he may, he can make little gain, the legal rates will be

low.

The basis is so absurd that many have urged the repeal of all laws

regulating the rates of interest. "Why should the laws presume to

level the rates for a whole state? The possibilities and opportunities

of gain are infinitely varied. Every borrower knows his own conditions

and the amount of advantage the loan is to him and he should be

permitted to pay for money whatever he is willing to pay."

One writer thus expresses it, "No man of ripe years and of sound mind,

acting freely, and with his eyes open, ought to be hindered, with a

view to his advantage, from making such bargains in the way of

obtaining money, as he thinks fit; nor anybody hindered from supplying

him upon any terms he thinks proper to accede to."

Jeremy Bentham is often quoted to prove the absurdity of all laws

regulating the rates of interest, and yet all his elaborate arguments

are based on this false principle.

If usury is wrong only when the borrower can make no profit, and is

right whenever the borrower can make a gain by it, and the rate of

interest is to be measured by that gain, then all laws are illogical

that limit the rate, and may be classed among those restraining

trade.

Usury · 第 18 / 39 章