CHAPTER XX

STATE BANKS AND TRUST COMPANIES SINCE THE PASSAGE OF THE NATIONAL BANK

ACT

[140]The banking institutions of the United States other than national

banks are ordinarily classified into (a) state banks, (b) trust

companies, (c) stock savings banks, (d) mutual savings banks, and (e)

private banks. The following pages deal with two of these classes, viz.,

state banks and trust companies. It will be desirable at the outset to

distinguish them from the other classes, and to outline the history of

legislation concerning them since 1865.

The term "state bank" has been used in the United States in several

different senses; but whatever the variance in meaning, such banks have

always had one common characteristic--incorporation under state

authority. In the bank reports of some of the States, private banks are

not distinguished from state banks. This is due to the fact that in

these States incorporated and unincorporated banks are subject to the

same regulation. A private bank, however, is an unincorporated bank.

Not all banking institutions incorporated by the States are state banks.

Mutual savings banks, stock savings banks, and trust companies are also

corporations organized under state laws or charters granted by state

legislatures. The distinction between mutual savings banks and state

banks is clear. Mutual savings banks do not have a capital stock and do

not carry on a discount and deposit business--_i. e._, they do not

discount commercial paper, and do not receive demand deposits payable on

check. State banks, on the other hand, have a capital stock and carry on

a discount and deposit business. Many state banks, however, receive

also savings deposits. The line of demarcation between state banks and

stock savings banks is much less definitely marked. Both state banks and

stock savings banks have a capital stock. Stock savings banks are

primarily savings banks, and many of them do not do a discount and

deposit business, but confine themselves to the savings bank business.

But in several States the distinction between state banks and stock

savings banks is of the most unsubstantial character, since the stock

savings banks carry on the business of a commercial bank, receiving

demand deposits payable on check, and discounting commercial paper.

Finally, the distinction between state banks and trust companies is not

exactly the same in any two of the States.

"State banks" then, as the term is used in the following pages, are

banks of discount and deposit (as distinguished from savings banks,

mutual and stock) incorporated by one of the States or Territories (in

contrast with private banks, which are unincorporated, and with national

banks, which are organized under the national-bank act).[141]

In 1860 there were in the United States 1,562 state banks. Owing to the

repressive influence of the national-bank act, hastened in its effect by

the 10 per cent. tax on state-bank notes, the number of state banks had

by 1868 fallen to 247. One result of this decline in the number and

importance of state banks was the cessation of state banking

legislation. The old laws regulating state banks of issue were swept

away by code revisions, or remained obsolete and unchanged on the

statute books.

The number of state banks began to increase about 1870. In a few States

old banking laws intended for the regulation of banks of issue hampered

their development, but in the remaining States they were left for a

considerable period almost entirely without regulation. As late as 1892,

in his digest of the state statute law, Mr. Stimson said:

It seems unnecessary to incorporate the state banking laws

in this edition. Nearly all the States, except the newer

States and Territories, have special chapters in their

corporation acts concerning banks and moneyed institutions,

but these chapters are usually of old date, and have

practically been superseded for so long a time by the

national banking laws that they have become obsolete in use

and form.

The increasing attention paid in recent years by the state legislatures

to the regulation of the state banks has been partly due to the rapid

growth of the banks in numbers and in financial importance; but it is to

be accounted for primarily by a change of view as to the purpose of

banking regulation. The antebellum state-bank regulations were intended

to secure the safety of the bank note. Although the depositor was

protected by many of the regulations, this protection was purely

incidental. The view that note-issuing banks alone required governmental

regulation persisted for a considerable time after the passage of the

national-bank act. Since the national banks had a monopoly of the issue

of bank notes, the regulation of state banks was considered needless. As

the importance of note issue as a banking function decreased, banking

regulation, as seen in the national-bank act, began to be considered

desirable as a protection to depositors.

THE EVOLUTION OF THE TRUST COMPANY

With the exception of the power to issue notes, which would be

unavailable because of the tax on note issue, the powers of the state

banks of to-day are essentially the same as the powers of the state

banks which were in operation before the Civil War. On the other hand,

the trust company is a new type of banking institution, the functions of

which are even yet not clearly defined. A great part of the legislation

with reference to trust companies, therefore, has had to do with

defining the powers of these corporations.

The early laws for the incorporation of trust companies show the widest

differences of opinion with regard to their field of operation. The one

point of agreement appears to have been the idea that a corporation

could administer trusts more advantageously and safely than an

individual. But the companies in all the States were given additional

powers more or less closely connected with their trust powers. Some of

the companies, chiefly the very early ones, were empowered to insure

lives and to grant annuities. In a considerable number of States the

companies were authorized to insure the fidelity of persons in positions

of trust and in some States to insure titles to land. Almost all the

companies were empowered to do a safe-deposit business. Among these

powers there was a certain apparent connection. The power to insure the

fidelity of trustees, administrators, and executors seemed a natural

addition to the powers of a company which might act in such capacities.

Similarly, it appeared that the business of insuring titles to land was

one which could be most economically conducted by a corporation which,

in its capacity of trustee, would be a large owner of real estate.

One other power was given to practically all the companies--the power to

receive deposits of money in trust. The following quotation from the

Report of the Massachusetts Commissioners of Savings Banks for 1871

shows the use which it was expected would be made of this power:

The trust company in Worcester and the New England Trust

Company in Boston, both in successful operation, are the

first of such corporations established in this State. They

were incorporated after a very careful investigation by the

legislature, with power to hold money in trust, and so

restricted in making loans and investments as to afford the

safety which the character of their business requires. A

similar institution will soon be organized in Northampton,

and others are contemplated. They are well calculated to

promote public interests by affording to the owners of

capital not engaged in business many of the advantages

secured by our savings-bank system for the savings of labor.

The development of the trust company as reflected in the legislation

with reference to its powers shows two main tendencies: (1) The

companies have to a very large extent given up the insuring of the

fidelity of persons in positions of trust and the guaranteeing of land

titles. (2) They have largely increased their banking activities.

1. In some States which formerly authorised trust companies to insure

the fidelity of persons in positions of trust, or to guarantee titles to

real estate, the more recent laws do not permit the combination of such

business with the business of a trust company.

The fidelity insurance business during the past twenty years has been

largely concentrated in the hands of a comparatively small number of

companies which have agencies in all parts of the country and which do

not undertake a trust or banking business. The elimination of fidelity

insurance from the functions of the trust company has not been chiefly

or even largely due to adverse legislation, but to the nature of the

fidelity insurance business. The most successful conduct of that

business appears to require, like other kinds of insurance, that the

risks shall be numerous and widely distributed. These conditions are

best met by companies which carry on business in many different places.

For the most economical conduct of the title insurance business an

expensive plant is necessary. The business in each city tends therefore

to fall into the hands of a single company, which ordinarily finds it

profitable to devote itself entirely to the one kind of business. At the

present time, only a very small part of the trust companies in the

United States insure titles to land.

2. The second great tendency in the development of the powers of the

trust company--the enlargement of its banking powers--has also been

primarily an economic development and not one due to legislative design.

As has already been noted, the early trust companies ordinarily had

power to receive trust deposits and to loan money. Some such powers were

necessary for the exercise of their trust functions. The opportunity to

enlarge the banking powers of the companies lay in the difficulty of

distinguishing clearly between the powers which it was intended to

confer upon the trust companies and the banking powers possessed by

state and national banks.

In the greater number of the States the wording of the sections

conferring powers to do a trust business was such that the trust

companies were either held by the courts to be empowered to do a banking

business, or, if the power to do such business seemed not to be granted,

were able by some change in the method of doing the kind of banking

business in question to bring it within the powers actually conferred.

In Missouri, for instance, since 1885 trust companies have been

empowered to "receive money in trust and to accumulate the same at such

rate as may be obtained or agreed upon or to allow such interest thereon

as may be agreed." The supreme court of Missouri in construing the power

thereby conferred has held that a trust company can take only

interest-bearing deposits, but that such deposits may be demand deposits

payable on check. The rate of interest may, however, be nominal.

In other States the trust companies have attained legal recognition of

their banking powers by slow steps. The history of the Pennsylvania

trust companies affords an illustration. In the Pennsylvania general

corporation act of 1874 no provision was made for the formation of trust

companies, but provision was made for the incorporation of

title-insurance companies. By an amendment to the corporation act in

1881 title-insurance companies with a capital of at least $250,000 were

given trust and fidelity-insurance powers; but it was expressly provided

that such companies were not authorized thereby to do a banking

business. In 1885 the trust companies were given the power to receive

upon deposit for safekeeping valuable property of every description, and

in 1895 trust companies were given power to "receive deposits of money

and other personal property and to issue their obligations therefor ...

and to loan money on real and personal securities." In 1900 the United

States circuit court of Pennsylvania decided that Pennsylvania trust

companies might legally receive demand as well as time deposits.

Pennsylvania trust companies apparently even now cannot discount

commercial paper, but they may loan on it as collateral and may purchase

it from the holder.

The States in which the banking powers of the trust companies have been

most narrowly restricted are Iowa, Michigan, Nebraska, and Wisconsin. In

Nebraska a trust company cannot do a banking business. In Iowa trust

companies cannot do a banking business except that they may receive time

deposits and issue drafts on their depositories. In Michigan trust

companies are expressly forbidden to do "a general banking business."

The Michigan commissioner of banking in his report for 1906 complained,

however, that the law was not clear as to the banking powers of the

companies. In Minnesota the trust companies may receive trust deposits,

but may not "engage in any banking business except such as is expressly

authorized for such a corporation." In Wisconsin the extent of the power

of trust companies to receive deposits was much debated until 1909, when

the legislature provided for the incorporation of "trust-company banks,"

which have power to receive time and savings deposits, but do not have

power to receive deposits subject to check.

The result of the two tendencies described above--the elimination of the

insurance powers of the trust company and the addition of banking

powers--has gradually standardized the powers of the trust company,

until at the present time the trust company, as it appears in the

corporation laws of most of the States, may be fairly well defined as a

bank which has power to act in the capacity of trustee, administrator,

guardian, or executor.

In a number of States the legislation concerning trust companies deals

with them explicitly from this standpoint. The Illinois bank act of 1887

provided that any bank might have power to execute trusts by complying

with the trust-company law. In Alabama and Tennessee any state bank may

be appointed and may act as an executor, administrator, receiver, or

guardian. In Mississippi any bank with a paid-up capital of $100,000 may

do a trust-company business. In Georgia any trust company may acquire

banking powers by complying with the laws regulating banks. In Texas

banks may acquire trust-company powers. The same tendency is shown in

the important banking laws enacted in Ohio in 1905 and California in

1909.

The gradual change from the view that the trust company is an

institution of markedly different character from the ordinary bank of

discount and deposit to the view that the trust company is merely a bank

exercising functions additional to those exercised by the majority of

banks has been the chief influence in determining the form of the legal

regulations imposed upon trust companies. As long as the older view

obtained, the regulations concerning trust companies were widely

different from those imposed upon banks; but as the trust company has

increased both the scope and amount of its banking business, the

regulation of the banking business of the trust company has tended to

become assimilated to the regulations imposed upon state banks.

INCORPORATION

Since 1865 state banks and trust companies have been incorporated by the

use of one of three methods: (1) By special charter; (2) under the

"business incorporation law"; (3) under the general banking law. Not

very many of the States have used consecutively all three methods, for

the special charter and the "business incorporation law" were used

contemporaneously in different sections of the country. Both have given

place, in the great mass of States, to the general banking law. From

1865 to 1875 probably the greater number of the banks formed were

incorporated under special acts; from 1875 to 1887 incorporation under

the "business incorporation law" was the prevailing method, and since

then the general banking law has become the almost universal method of

incorporating banks and trust companies.

CAPITAL AND SURPLUS REQUIREMENTS

When the States began to give attention to the regulation of the banking

business the question of capital received immediate attention. The

national-bank act and the banking laws in New York and the Middle West

which had survived from the antebellum period contained provisions

concerning the amount and payment of capital. A requirement with regard

to capital was recognized as the central point in any system of bank

regulation. The capital stock is a buffer interposed between the bank's

creditors and losses which the bank may suffer. If there is no capital,

losses may fall directly on the creditor, and the larger the capital

stock, other things being equal, the less the likelihood of loss to the

depositor.

The States and Territories may be divided roughly into two groups

according to the amount of the smallest permissible capital for state

banks:

1. In the Eastern States and the more easterly of the Middle Western

States, the banking laws, with one exception, require that banks shall

have a capital of at least $25,000.

2. In the other sections of the United States banks in most of the

States are incorporated with a capital as small as $10,000, although in

a few of these States the smallest permissible capital is $15,000,

$20,000, $25,000, and $30,000, and in one, North Carolina, it is $5,000.

The amount of capital required, except in a few States, is not a uniform

amount, but is graded, usually according to the size of the city in

which the bank is located. In 29 of the 37 States and Territories which

require under a general law a specified amount of capital for the

incorporation of state banks the amount of capital is thus graded. The

grading of the amount of capital required according to the population of

the place in which a bank is located has been chiefly due to the desire

to bring about some adjustment between the capital of each bank and the

volume of its business. It is assumed that the larger the business of

the bank the greater the chance of its suffering large losses and the

larger the capital necessary to protect its depositors against loss. It

is also assumed that the size of the city in which it is located is a

rough index of the volume of business done by a bank. Under many of the

state banking laws the grades are very numerous. The minute gradation of

the capital requirements found in many of the state banking laws is due

to the desire to encourage the formation of banks in the smaller cities

and towns, for it is to be noted that in the greater part of the state

laws the grades are not numerous for the larger places.

Obviously, if any law requiring a minimum capital for banks is to be

effective, it must provide specifically for the payment either of all

the capital or of a specified sum; otherwise the directors of the bank

may require the payment of only a small part of the capital. The

provision in the national-bank act concerning the payment of capital has

been the model for similar provisions in the banking laws of a large

number of the States. Many of the state banking laws likewise contain

the same provision as the national-bank act with reference to surplus.

In several States the laws make no provision with reference to the

amount of capital required for a trust company. In Connecticut,

Delaware, New Hampshire, and Vermont, trust companies are incorporated

only under special acts and the amount of their capital is determined in

each particular case by the legislature. In Rhode Island trust companies

are incorporated by a board which has power to fix the terms of

incorporation, including the amount of capital.

The first general laws for the incorporation of trust companies in the

United States required such companies to have a much larger capital than

that required for banks, but the later legislation shows a distinct

tendency in the direction of lowering the requirements in regard to

capital. In nearly all of the States, however, the requirement for trust

companies is still substantially different from that for state banks.

The smallest permissible capital for a trust company ranges from $5,000

in North Carolina to $1,000,000 in the District of Columbia. The

majority of the States, which provide that trust companies must have a

specified minimum capital, do not permit the organization of trust

companies with a smaller capital than $100,000.

In only one State, Iowa, is the smallest permissible capital less for

trust companies than for state banks; in six States it is the same; in

all the others it is larger. The accumulation of a surplus is not

required in so many States for trust companies as for banks.

LIABILITY OF STOCKHOLDERS

With the practical prohibition of the issue of state bank notes in 1866

and the consequent decrease in the number of state banks, the liability

of stockholders in state banks became in nearly all of the States,

except where an additional liability was imposed by the constitution,

the same as that of stockholders in ordinary business corporations.

Since 1880, however, provisions imposing an additional liability on the

stockholders of banking corporations have been placed in the banking and

trust-company laws of nearly all the States in which state banks or

trust companies have assumed any great importance. In the larger number

of the States and Territories the liability is a proportionate one, and

the stockholders are responsible "equally and ratably and not one for

another."

The imposition of the statutory liability on the stockholders of state

banks and trust companies has not proved of great service as a

protection to bank creditors against loss. As yet little has been

accomplished in the way of making the enforcement of the liability

effective.

RESTRICTIONS ON LOANS AND DISCOUNTS

The desirability of some legal limitation on the extent of the liability

to a banking institution which any one person, firm, or corporation may

incur is largely due to the fact, that, since the American banking

system is a system of independent banks, the resources of many of the

banks are necessarily small in comparison with the needs of some of

their customers for loans. A large manufacturing concern located in a

small town may very well be able to use all the assets of the local

bank. If the local bank were the branch of a larger bank, the mere fact

that a large loan was wanted by a manufacturer in a small town would be

of no significance, since the amount of the loan would be small compared

with the total assets of the bank.

Moreover, in many banks a controlling interest is held by a person,

firm, or corporation that is actively engaged in other business

enterprises. Such control is far more likely to be found in small banks

than in large, and in a system of independent banks than in one of

branch banks. One consequence of the close identification of interest

thus brought about between banking and other business enterprises is the

probability that loans will be made directly or indirectly to some one

borrower to an amount larger than a proper distribution of risks would

justify.

The national-bank act in its original form provided that the total

liabilities to any national bank of any person, company, corporation, or

firm for money borrowed should not exceed one-tenth of the amount of the

paid-in capital stock of the bank. The liabilities of the members of the

firm or company were to be included in the liabilities of the firm or

company. It was provided, however, that "the discount of bills of

exchange in good faith against actually existing values and the discount

of commercial or business paper actually owned by the person negotiating

the same" should not be considered as money borrowed. This section of

the national-bank act remained unchanged until 1906, when it was amended

so as to permit a single liability to be contracted equal to one-tenth

of the capital and surplus, instead of one-tenth of capital only, but it

was also provided that the liability should not, in any case, exceed 30

per cent. of the capital stock.

In the banking laws of seven States the limit on the amount of single

liability is the same as under the national-bank act. The banking laws

of almost all the other States permit a larger amount to be loaned on a

single liability than is permitted by the national-bank act.

In nearly all of those States in which trust companies have acquired

full banking powers the provision limiting the amount of any single

liability applies to both banks and trust companies. In only one State

or Territory--New Mexico--is there such a provision for trust companies

and none for state banks. In a few States--Kansas, Michigan, Minnesota,

Missouri, Montana, Oklahoma, New Jersey, Nebraska, and Wisconsin--there

are limitations on the amount of a single liability for banks, but none

for trust companies.

LOANS TO DIRECTORS AND OFFICERS

In almost all the banking institutions of the United States the

directors or a part of them are actively engaged also in other business

enterprises; and in many cases they borrow from the banks or trust

companies in which they are directors. Moreover, in some banks one or

two of the directors own a controlling interest, and are at the same

time large borrowers. The possibility, in such cases, that larger loans

may be made than the credit of those directors warrant is very

considerable. The national-bank act contains no provisions regarding

loans to directors, but in the laws of about one-half of the States

attempts have been made to devise rules which would prevent the making

of loans to directors in excess of the amount to which their credit

entitles them. The requirement that loans to directors shall be formally

approved by the board of directors is the one most frequently found. It

has been thought that directors would be reluctant to vote for excessive

loans to other directors if their vote is to be recorded.

REAL ESTATE LOANS

There is no more characteristic difference between state banking laws

and the national-bank act than the fact that, in almost all the States,

state banks and trust companies may make loans on the security of real

estate, whereas national banks are [were] prohibited from doing so

[before the passage of the Federal Reserve Act]. In some States, where

the influence of the example of the national-bank act was strong enough

at the beginning of state-bank regulation to secure the insertion in the

state banking laws of the prohibition of real estate loans, it has later

been found desirable to amend the laws in this respect. The Pennsylvania

general banking law of 1878, for instance, did not permit banks to loan

on real estate, but was amended in 1901, so as to permit such loans to

be made. In North Dakota and South Dakota, also, similar changes have

been made in the banking laws. In 1910 trust companies in all the States

and Territories where incorporated under general laws were allowed to

loan on the security of real estate. State banks so incorporated may

also loan on real estate in all the States and Territories except New

Mexico and Rhode Island. In Rhode Island, however, banks may loan on

real estate part of their savings deposits.

A few of the state banking and trust-company laws contain provisions

limiting the amount which may be invested in real estate loans.

Not withstanding the disadvantages of real estate as a convertible

asset, the power to loan on the security of real estate is a valuable

one to many of the state banks.[142] Many banks, particularly those in

the smaller towns and cities, if restricted to loans on personal

security, find it difficult to fully employ their funds. There are not

sufficient local loans of this kind to employ all the funds of the bank;

and the amount not so employed, if it is to yield a revenue, must either

be invested in outside commercial paper or deposited with banks in the

great commercial cities.

RESERVES

In most of the antebellum state banking laws reserves were required only

against note issue. In Ohio, for example, the general banking law

required a reserve of 30 per cent., against circulation, but none

whatever against deposits. Several of the state banking laws which

survived the destruction of the state bank-note issue contained,

however, provisions requiring banks to hold a reserve against deposits;

but in none of these States was the increase in the number of state

banks important. In those States in which the state banks were organized

under the "business incorporation laws" there were, of course, no

reserve requirements. Until 1887 a reserve was required for state banks

in only three States, Ohio, Minnesota, Connecticut, and in these the

required reserves were small. Even since the revival of state bank

regulation, which began in 1887, the requirement of a reserve has not

been regarded in many of the States as an important part of the state

banking law.

The most striking and important difference between the reserve required

by the national-bank act and the reserves required by the state banking

laws is that under the national-bank act the reserve is a percentage of

"deposits"--_i. e._, of all deposits--while under the banking laws of a

majority of the States either no reserve is required against time or

savings deposits, or a smaller amount of reserve is required than

against demand deposits.

None of the state banking laws require that the reserve of any class of

banks shall consist wholly of cash in bank. All the laws permit balances

in other banks to be counted at least as a part of the reserve. There

are great differences among the laws, however, with respect to the

amount which may be so counted.

The laws in all the States leave the banks almost entirely free to

deposit their funds in banks in the great commercial centres. The strong

economic pressure toward concentration is thus left free to act toward

drawing reserves into banks located in the reserve and central reserve

cities.

In the greater number of States which incorporate both state banks and

trust companies the reserve requirement is the same for both classes of

credit institutions. Slight differences between the requirements for

trust-company reserves and those for state-bank reserves are chiefly of

two kinds. In the first place, the provisions for trust-company reserves

more frequently permit the counting of bonds as a part of reserve;

secondly, the provisions for differing amounts of reserve against time

and demand deposits.

In recent years there has been much complaint in some States that the

reserves required for trust companies are inadequate.

BRANCH BANKS

The most characteristic feature of American banking is the extent to

which the banks and trust companies are independent institutions. The

national-bank act makes no provision for the establishment of branch

banks except in cases of the conversion of state banks which already

have branches. Such banks are allowed to retain their branches on

condition that the capital is assigned to the mother bank and the

branches in definite proportions, but only a few national banks have

branches. Under none of the state banking laws has there been built up

an important system of branch banks. This has been partly due to the

very general desire of each American community, no matter how small, to

have its bank managed by its own citizens, and partly to the fact that

in most of the States the establishment of branch banks is either

explicitly forbidden or in no way provided for by law. In eight

States--Colorado, Connecticut, Mississippi, Missouri, Nevada,

Pennsylvania, Texas, and Wisconsin--the opening of branch offices is

forbidden by specific enactment. In a large number of other States the

banking laws make no provision for the establishment of branches, and it

has been held in most of these States that the opening of branch offices

is unlawful.

The States in which state banks and trust companies are definitely

permitted to have branches are California, Delaware, Florida, Georgia,

New York, Oregon, Rhode Island, Virginia, and Washington. In Louisiana,

Maine, and Massachusetts trust companies may have branches. In Maryland

and North Carolina branches are operated by some banks and trust

companies which were chartered by special act. There are in several of

these States, however, restrictions on the opening of branch offices. In

New York and Massachusetts branches may be established only in the city

in which the principal office of the bank or trust company is located.

In New York, moreover, only banks located in a city of 1,000,000

inhabitants or over may have branches; but any trust company may have

branches. In Maine a trust company may establish branches only in the

county in which it is located or in an adjoining county.

In nearly all the States which permit banks or trust companies to

establish branches one or both of two conditions are imposed. In the

first place, additional capital is required for each branch bank over

and above the amount of the parent bank. Secondly, the establishment of

a branch bank must be specifically authorized by some state official or

officials.

The number of branches of banks and trust companies cannot exceed a few

hundred in the entire United States. Compared with the total number of

banks and trust companies this is a small development. Moreover, the

most important affiliations among banking institutions are among those

located in the same city. The "chains" of country banks possess, for the

most part, little vitality, and in the total banking business of the

country they play an insignificant role. The great mass of state banks

and trust companies are independent institutions. The most enduring

affiliations at present existing among the banking institutions are

those between a national bank and a trust company or a state bank and a

trust company. The comparatively limited powers of the national banks

and in some States of the state banks have made it desirable for many of

these institutions to affiliate trust companies with themselves in order

that desirable business may not be lost.

FURTHER REASON FOR THE LACK OF BRANCH BANKS IN THE UNITED STATES

[143]It would seem that there must be a reason for this peculiarity [the

small number of branches] in the banking system of the United States. In

searching for this reason, the first fact of importance seems to be

that, although the organization of branches has been permitted to the

non-note-issuing banks in some of the States, they have not been

organized, while in other countries they have been established in nearly

every case. by note-issuing banks. This seems at once to indicate that

in places where notes are the most important medium of exchange a

connection of some sort exists between the issue of notes and the

establishment of branches.

The inducement to the establishment of branches by banks is, of course,

the possibility of profit. But as has already been frequently pointed

out, profit can be obtained only by making loans. These when greater

than the amount of the capital, as it is necessary that they should be,

can be made by the loan of funds left with banks by others or by the

issue of circulating notes. It is also clear that, were the

possibilities of loaning beyond the amount of the capital wholly or

chiefly confined to one of these forms of liability--the other being

unavailable, as in the case of the state bank notes whose issue is

prohibited by the 10 per cent. tax--and were this other form distasteful

or impossible of introduction among the community where the branch was

to be established, the motive for the creation of the branch would be

absent. This motive has been wanting in many parts of the United States.

By the laws of the United States, the issue of notes has been made

impossible to all save national banks, and the capital of these banks

has been limited to $50,000 as a minimum. Banks other than national

must, therefore, be established under state laws, some of which have

permitted the organization of such institutions with capitals as low as

$5,000 or $10,000. They can, however, make use only of deposits as a

means of loaning beyond the amount of their capital. But deposits do not

provide a desirable form of currency for use in country districts. It

follows, therefore, that the state-bank systems supply the deficiencies

of the national system only in so far as they furnish independent banks

of smaller capital than $50,000 ($25,000 since 1900).

Nor would it have been of material assistance had the organization of

national banks of capitals smaller than $50,000 been allowed. As the

system has worked out, the issue function has been a useless one. The

compulsory deposit of bonds to secure circulation has hampered the banks

in exercising this function, since the requirement to deposit bonds now

cuts off all profit arising from the issue of notes. Moreover, the rural

communities are those where interest is highest, and hence where notes

can least advantageously be issued under the present system of

bond-deposit, owing to the high price of the bonds. These difficulties

probably cannot be overcome by the establishment of banks of lower

capitals than now exist.

[144]At the 1910 convention of the Alabama Bankers' Association, held in

Birmingham in May, one of the speakers, whose topic was "State Banks and

Their Branches," closed a condemnatory address with the words: "We

believe the days of the branch bank are numbered." Two months later, at

Cooperstown, Hon. E. B. Vreeland told the bankers of New York State, at

their convention: "No one will ever live to see the day when the branch

banking system which prevails in Canada and in Germany and in England

and in France will be tolerated by the people of the United States."...

"The economies of the branch banking system are such that no other

system can live beside it. It is just as sure as the sun will rise

to-morrow that the branch banking system, if taken up in the United

States, would in the end drive out of existence all the banks in every

city and town in the country outside of the great financial centres.

That is the experience of the world."

If this statement means anything it is a confession that the system of

local single-office banks is wasteful in operation, and it seems to me

that it sets forth one reason why branch banks are inevitable. When a

banking system is wasteful it is the stockholders, borrowers, and

depositors who suffer from the circumstance, and as soon as they realize

the fact its doom is sealed.

It should be said here that it is not their economical operation alone

that has enabled the branch banks to displace the small local banks in

England, Germany, and France. The branch institutions are cleaner, more

efficient, and they provide better opportunities for the clerks and

officers; they give a better and more complete service to the localities

in which they work.... Another reason is found in their stability during

crises....

THE NEW YORK STATE BANK ACT OF 1914[145]

In June, 1913, George C. Van Tuyl, Jr., superintendent of banks of the

State of New York, appointed a commission to look into the banking

conditions of the State and to make a thorough revision of the law

relating to banks. This commission conducted many public hearings;

sought information from banking experts in this State and in other

States; made a careful study of private banking conditions, rural

credits, and other special banking problems of the State; and, finally,

on February 25, 1914, they presented their report in the form of a bill

of some 500 pages. After a good many amendments had been made to appease

conflicting interests, the bill was passed and became law April 16,

1914.

In general, the new law marks a decided improvement and shows a

commendable spirit of progressiveness. Its framers believe that it is a

law which may well become the model for other States, and there are some

who say that it is without question the best balanced and most

comprehensive state banking legislation which has ever been enacted.

The new law was the outgrowth of the general agitation for banking

reform which had swept over this country following the panic of 1907.

The inciting cause, however, was the passage of the Federal Reserve Act

which made it necessary to revise the state law so that the state banks

either might join the federal system or be in a position to compete

successfully against the national banks of the State, whose powers had

been considerably enlarged by this act. In part, the law is modelled

after the federal act, and, in part, European experience has been drawn

upon.

Under the new law the state banks will have even more importance in the

competition for banking business than in the past. From the point of

view of banking power, the 278 banks of deposit and discount and trust

companies have aggregate deposits in excess of those of the 479 national

banks in the sum of $281,786,000.[146] Furthermore, it has been

estimated that the total resources of the New York state banks are

equivalent to 17 per cent. of the aggregate resources of all banks in

the United States, both state and national. Superiority in banking power

is one element in the strong competitive position of the state banks,

and another element is the privileges granted to these banks under the

new law which, in some respects, are superior to those granted the

national banks under the federal law. In view of the fact that the state

banks can enjoy either directly or indirectly most of the advantages of

the federal system and also that in some particulars the state law gives

them more liberal powers, it seems probable that these banks will

continue to see an advantage in their state charters; and thus the

amount of defection from the state system will be negligible.

More real power has been given to the banking department in the

provisions of the law. Through investigation, authorization

certificates, and regular uniform reports, the superintendent of banks

has more direct control over the banks than ever before. Besides the

extension of the supervisory powers, the penal provisions of the act

have been strengthened and made more exacting.

1. _Features of the act relating to banks of deposit and discount and

trust companies._ The reserves required against deposits were reduced

substantially, and made nearly uniform with those required for national

banks. The following table gives the percentage of reserve required and

the percentage of reserve on hand which the new law specifies for these

banks.

------------------------+---------------------+--------------------------

|Banks of deposit and |

| discount | Trust companies

|Per cent. of deposits| Per cent. of deposits

------------------------+----------+----------+----------+---------------

Population | Required | Reserve | Required | Reserve

| reserve | on hand | reserve | on hand

------------------------+----------+----------+----------+---------------

2,000,000 or over | 18 | 12 | 15 | 10

1,000,000-2,000,000 | 15 | 10 | 13 | 8

Elsewhere in the state | 12 | 4 | 10 | 4 or 3

------------------------+----------+----------+----------+---------------

The reserve requirements are made still more definite by the fact that

the law compels the banks to keep one-half at least of the reserve on

hand in "gold, gold bullion, gold coin, United States gold certificates,

or United States notes: and the remainder in any form of currency

authorized by the law of the United States other than federal reserve

notes."

Among the powers granted to these banks is the power "to accept for

payment at a future date, drafts drawn upon its customers and to issue

letters of credit authorizing the holders thereof to draw drafts upon it

or its correspondents at sight or on time not exceeding one year." This

clause gives a much wider power to the state banks in the important

matter of acceptances than its counterpart in the Federal Reserve Act.

In the one case both domestic and foreign acceptances may be made and

handled without stipulation as to aggregate amount and bearing

maturities of one year or less, while in the other case the acceptances

are limited to those arising out of the importation or exportation of

goods with maturities not exceeding six months. Seemingly, the state

banks have the advantage, and to this extent the state law is superior

to the federal act.

One other important forward step was taken in relation to this group of

banks. They are given the privilege of establishing branches outside

the State of New York, either in the United States or in foreign

countries. This privilege is qualified, however, by the provision that

no bank can establish such branches unless it has a combined capital and

surplus of $1,000,000 or over and the written approval of the

superintendent of banks. Although the old law permitted trust companies

to establish branches in the place where they were incorporated, the

practical effect was to limit branch banking to the city of New York. In

this particular also the state banks have the advantage over the banks

in the federal reserve system which are allowed to establish branches

only in foreign countries.

2. _Features relating to private banks and bankers._ The regulation of

private banks and bankers is an entirely new departure in the law of

this State. In the past the banking department had no authority to

supervise that relatively large number of private bankers who receive

deposits in small amounts from the wage-earning classes while conducting

in connection therewith a mercantile or some other kind of business.

Mercantile firms like the Siegel Company, by paying a higher rate of

interest upon deposits than savings banks, were able to obtain the

savings of many small depositors. This money was invested in the

business and secured only by the capital stock of the mercantile

establishments. In case the firm failed there was no security back of

these deposits but these same shares of stock, and so depositors were

fortunate if they received in settlement even 40 per cent. of their

claims. Such firms were not doing a legitimate banking business inasmuch

as they did not keep their assets in liquid form and carried no reserve

against deposits.

The new act corrects this situation by giving the banking department

authority to conduct independent investigations into any violation of

the banking law by a corporation or individual. In the future a

corporation which is in any way engaged in the business of banking

cannot hide under the wing of the general corporation law when the

banking department sees fit to make an investigation of its affairs.

Some of the specifications of this part of the law are all securities,

property, and the evidences of title thereto in which the permanent

capital and the deposits are invested are to be segregated and kept

separate from all other property and assets of the private banker;

depositors have a prior lien on the assets of the private banker, in

case of insolvency or suspension of business; and, in addition, every

private banker must maintain a reserve of 15 per cent. against deposits

in cities of the first class and a reserve of 10 per cent. in any other

city, one-tenth of which shall consist of reserve on hand and the

remainder may be kept on deposit subject to call with banks approved by

the superintendent of banks. These requirements will go far toward

preventing the recurrence of such disasters as the Siegel failure.

3. _Features relating to co-operative credit._ Within the last thirty

years the agricultural methods of the State, in harmony with the

agricultural methods throughout the United States, have undergone great

changes. Scientific farming, improved machinery, and changed market

conditions have brought new problems in the field of agricultural

credit. To-day agriculture has come to be in a real sense capitalistic

and has in consequence laid new requirements on the credit structure of

the nation. Moreover, the period of large returns or satisfactory

returns from an extensive and rather careless cultivation of the soil,

which made possible an ignoring of unit cost, or, at least, brought the

farmer to minimize the importance of such cost, has given way, so far as

the successful farmer is concerned, to the careful estimates of cost and

close calculations of profits on a narrow margin between unit cost and

unit selling price.

In the field of cost, the rate at which capital or money may be borrowed

is no small factor; and with the high rates prevailing in the United

States in comparison with those current in Europe, the borrower in this

country who pledges his land or agricultural products as security for a

loan finds himself at a disadvantage. To meet this condition cheaper

agricultural credit has been strongly urged. Europe furnishes the

example in her well-organized land banks and co-operative credit unions.

Already Massachusetts has a law authorizing co-operative organizations

for furnishing cheaper credit facilities to the agriculturalist, and in

Illinois there is a "credit foncier" which has been in successful

operation a number of years. New York State has put itself in line with

this growing movement to furnish ample and cheaper credit to the farmer

and the purchasers of real estate by putting into the new law provisions

for the establishment of a land bank and co-operative credit unions.

Sections 421-438 authorize ten or more savings and loan associations,

the aggregate resources of which shall not be less than $5,000,000, to

form a Land Bank of the State of New York. This bank can "issue, sell

and redeem debenture bonds secured by bonds and first mortgages made to

or held by member associations" and "invest its capital and other funds

in bonds secured by first mortgages on real estate situated within the

territory in which its members are authorized to make loans." The bank

is not permitted to do a general deposit business or incur any

indebtedness upon notes and bonds in excess of twenty times the amount

of its capital. The debenture bonds authorized by the act are to be

issued in series of not less than $50,000, and may be called on any

interest day at 102-1/2 provided a sixty-day notice is given.

Amortization payments upon mortgages which are given as collateral

security for the debentures of the land bank shall be sufficient to

liquidate the debt in a period not exceeding forty years.

In Article XI the law provides for the establishment of credit unions. A

credit union may be organized by any seven or more persons with a share

capital the par value of which shall not exceed $25. The objects of the

credit union are: (1) to loan money in small amounts on personal

security or in larger amounts on endorsed notes at rates not exceeding 1

per cent. per month, inclusive of all charges incident to the making of

such loans; (2) to receive the savings of its members in payment of

shares on deposit; (3) to borrow money to an amount not to exceed 40 per

cent. of its capital; (4) to pay dividends on its share capital. As to

the method of making loans, the law prescribes that a credit committee

shall pass upon all applications for loans which must be made in writing

and must state the purpose for which the loan is desired and the

security offered. No loan will be made unless it receives the unanimous

approval of the members of the committee present at the meeting,

provided always a majority of the committee is present.

With the land bank acting as a central clearing agency for the local

savings and loan associations and the organization of many rural credit

unions the problem of agricultural credit will be largely solved for New

York State. This, however, all hinges on the proper functioning of the

land bank and the co-operation of the farmers in the establishment of

local credit unions. Agriculturists as a class are slow to adopt new

methods and it may be only after prolonged education that all the

possibilities of this new legislation will be realized.

FOOTNOTES:

[140] Adapted from George E. Barnett, _State Banks and Trust Companies

since the Passage of the National Bank-Act_, Publications of the

National Monetary Commission. Senate Document No. 659, 61st Congress,

_Second Session_.

[141] [At least one savings bank has gained admittance to the Federal

Reserve System as a "state" bank.]

[142] According to reports to the National Monetary Commission on April

28, 1909, the loans of all the state banks in the United States on the

security of real estate were 20.6 per cent. of their total loans and

discounts.

[143] _The Report of the Monetary Commission of the Indianapolis

Convention_, pp. 377-8. The University of Chicago Press. 1898.

[144] Adapted from H. M. P. Eckardt, _Branch Banking Among the State

Banks_, The Annals of the American Academy of Political and Social

Science, Vol. 36, No. 3, November, 1910 pp. 626-630.

[145] Adapted from Everett W. Goodhue, _The Revision of the New York

State Banking Law_, The American Economic Review, Vol. V, No. 2, pp.

413-421.

[146] Annual Report of the Superintendent of Banks of the State of New

York, Jan. 6, 1915, p. 33.

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