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STATFMEFT FOR THE PRESS
For Immediate Release.

Following is th8

mino\.~ity

X-3882.
November 7, 192.3.

report of the Board 1 s

committee with reference to the resolutions adopted
by the Fecl.era.l Reserve Board with relation to branch
banking.




.X-3882
November 7, 1923.
The resolutions submitted in tne report of the majority of the
Committee on Examinations are based upon the assumption that it is the
duty of the Federal Reserve Board to
right to exercise

a~y

de~

to any state bank member the

of the powers granted in its state charter that

appear to gi..ve it a marked ad'rantage over national banks in competition,
even though the exercise of these powers r.ray be to the advantage of the
comrr:u.•1ities in which.the barJ.ks are located and even though the powers,
themselves,

~ay

be in acco=dance with the soundest banking principles.

If the Federal Reserve Board Qhould adopt this attitude and pass the
resolutions proposed with relation to branch ·Lanl:h.g, it would be tantarr.ount to an att~mpt to force the· state banks to confcrm to the national
banking laws. and would be a complete reversal of the position the Board
has taken, not only in the matter of bl'anch banking but in all matters
touching competition between state and national banks where the practices
of the state banks have been deemed to be sound banking.
The Board 1 s annual reports from the o:;.·ganization of the Federal Reserve System bear witness to the fact that the Board has always taken a
progressive position.

It has not so11ght to r8press ani hold back state

banks from the exercise of sound baru:ing pl·ivileges, but has always recommended amendments to the National Banking Act, or the Federal Reserve Act
broadening the powers of the National Bariks:
Excepting the Act of 1900, which was chiefly an effort to increase the
attractiveness of the note-issuing privilege, though it also provided for




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national banks with a minimum capital of $25,900, very few

cr~nges

were

made in the laws ~ffecting national banks prior to the passage of the
Federal Reserve Act.

State banks by the abolition of their note issuing

privilege through the 10 per cent tax, rrade effective in 1866, were reduced from 1562 in 1860 to 247 in 1863, and almost all of the surviving
247 were in the eastern fi11ancial centers where deposit banking bad begun
to assume considerable proportions.
Federal Reserve

~ct

Long before the passage of the

they had overtal:en and passed the National Banks in

numbers, and the chief increase had taken place not in the financial
centers but in the agricultural west.
srrall banks.

Nor was the increase confined to

During the ten years 1899 to 1909 state banks with a capital

above $50,000 increased in practically the same numbers and at a much
greater percentage than national banks.
Companies", 222-223).

(Barnett "State Banks and Trust

The fact is that national banks had been held very

.narrowly to certain~;pes of comrr.ercial banking, and nearly all pro~ess in
banking had been made by state banks, which steadily gained as the note
iss~ing

monopoly of the national

bar~s be~ame

of less and less importance.

The Federal Reserve Act provided not only for the banding together
of national banks in a cooperative system but it also liberalized the
'.

National Banking Act by adopting some of the best features of some of
the best State banking legislation - notably in the recognition of a difference between time deposits and derr.and deposits in reserve r equirernent s,.
It contained an attempt to allow the exercise of certain trust powers
t·.O national ba:riks, and provided tba t the larger national banks might

establish f orei·gn branches.




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ltot long after the Federal Reserve System was organized the attention of the Boe.rd was directed to the fact that the competition of
the state banks had not lessened and to the losses arrDng national banks
which were co!lstantly. being converted into trust companies, but instead
of endeavoring to prevent state bank members from exercising trust
powers the Board recornreended and in fact prepared a bill for amendment
to the Federal Reserve Act broadening Section 11 (k) so that national
bar..ks might exerc).se trust powers.

This was passed in 1916.

The effort of the Board has been to rmke the national banking system
as inclusive as possj.ble, but it has at the same time sought constantly to
add to the state bank memben:hip and has not attempted to restrain state
bank members from the exercise of proper te.nking powers enumerated in
their charters.

It has been actuated by desire to benefit the business

interests of the country rather than the interests of any particular group
of banks.

The Board favored the amendments of 1917, which provided that

state banks might be admitted to the system retaining their charter rights,
and an examination of the correspondence that preceded the admission of
the California state banks maintaining branches will show that they were
clearly admitted with the understanding that their charter right to such
branch extension as should be f~U1d consistent with sound banking would
not be denied.
recQUll"~/ld.ed

Several times the Board as well as the Comptroller have

that national banks should be given branch banking privileges

within the states where branch banking is permitted by state law, and the
Board at one time

recorr~ended

that national banks should be given branch

banking privileges within city limits without regard for state law.

This

was at one time recol!'..mended also by the Federal Advisory Council. The Board
in 1916 and 1918 recorr~ended the enactment cf a bill providing for
branch banking within county limits, or within a radius of 25 miles
from the rarent bank.



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X-3832

If, now, the lios:rd :reverses i tsdf ano a.ttempt:;; to :rast:rict sta.te banks
condition~

th:rough the :right to in.pose
be in effect a.ttemiJting to

r,;ak·~

w'b.8n they-a.pply fo:r r.JerLbership it will

state b:mks conform to the National banking act,

and become practically national banks, so fa.r a.t least as branch banking is
conce:J:"ned.
Limited branch banking within municipal limits has :recently been extencied
the national banks through new :regula.tions from the Comptroller. following a.
rr.o:re libe:ral interpretation of the law by the Attorney General.

If the Boa.rd

had any :reason fo:r believing tha.t branch banking bayond city limits must
necessa.rily be unsound there would be e,round fo:r the complete :reversal
of its position but the majority r-eport does not claim that it is unsound and
a.pparently has abandoned the assumption that it is contra.ry to the Fede:ral
Rese:rve Act.

Such cla.ims, in fact, could not be sustained by the F..zde:r.al

Rese:rve Boa.rd a.t this time.

B:ranch banking beyon:; city limit:;; ha.s existed

in the Federal Rese:rve System since its o:r.ganiza.tion, in nationa.l Danks
a.s vvell as in state banks, ana the National banking act, itself, has since

1865 provided fo~ b:r.anch banking through the autho:r.iza.tion fo:r. the conversion
of sta.te banks with

b~a.nches

is a.utho:r.ized in a. numbe:r. of

into na.tional banlr..s.
southe~n

State--..vide b:r.anch banking

sta.tes and in the state of Rhode

Island, and limited b:r.anCh banking, either by counties or- in dist:r.icts
contiguous to cities, is authorized in a number of other states.

:Bafore

the Civil Wax· and the pa.Ssage of the Na.tional banking a.ct branch banking
wa.s common throughout the West and South.

Nearly eve:r.y western sta.te before

1360 had developed systems of state ..wide branch banking and sor.-1e of these
systems, as in Indiana and Ohio, wer-e nota.oly successful.
a.s many as 40 branches

we~e

In some states

ma.inta.ined and these sta.te-wide systems migb.t

a.ll ha.ve been b:r.ought into the na.tional banking system under the Act of 1365.



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X-3332

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It cannot be maintainaa , if one nay judge from the history of state banking
in the United St&tes, that o:ranch banking necessarily implies the des tructicn
of unit ba.nking.

The two existed side by side in Ohio and in othe:r middle

weste:rn states, as well as in the South, befo:re the Civil Wa:r, and in the
southern states b:ranch banking has made comparatively slow p:rog.ress even where
fully au tho .ri zed by law.
It is undoubtedly true, as the rna.jo:ri ty :repo:rt says, tha.t in branch
banking beyond city limits certain rr.e:nbex- banks are engaging in a p:ra.ctice
which is definitely fo:r:-bidde n to other- membe:r banks.

T1~is

a.t once :ra.ises

the question whether the:re is good rea;,on to continue to forbid the p:ractice
to the othe:r rr.eml)er banks.

Unless the :3oc:;rd is willing to take a :ret:rogressive,

repressive position in a m-;;tte:r primarily of co;petition ·oetween two classe;;;
of banks, and without reg3rd to the public convenie~ce and the interests of the
corrmJ.nitie~

ser-ved, it should in my opinion instruct the Committee to work out

regula.tions which will guide and d i:rect tile 3xtansion of b:ranch banking 1n
California without attemptmg to deny all fur-thex- extensions, and to that end
full consideration should be given the :iette:t" of October 3, 1923, add:t"essed to
the Board by the responsmble executive officers of three of the largest Sta.te
banks engaged in b:ranch banking in that State.

Tha.t lette:r ap}Jea:rs to me to

present frankly a sound basis fo:r such :r.::gulations.

Economic developrr.ents,

such as the recent growth of ·branch banking in California, uo not tSJke place
without a reason, and should not be a.rbi t:rarily repressed by any t:;,ove:rnmental
body.

They should :rather be studied and guided with the pu:t"pose of determining

whethe:r they may not represent a :real advance in Jurerican banking·




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X-3832

3:ranch bankin::., has bdn recogr.ized i.,y

t;D:O

foremost authorities on banking in

the United St:Jtes as a natural methoJ oi' extend i:1g 0a.nl::ing facilities to s!T'.all
comr:uni ties, as

pr~senting

o:t-portuni ties fo:r diffusing business :risks over large:r

a:r-eas than at .L:c:rt:;sent with a g3in a.nalagous to that which such diffusion brings to
insu:rance, and as having the advantage of ability to make loans fx-om a common fm,d
of ca 1;i tal and deposits in acco1·dance with the u.naqual ond varying der:r;ands of
T'ne.,..e is :reason to beli;;:ve that the

d iffe:rent industries and sections served.

ag.,..icultu:ral sections of the United States would be far better served, and with
the derosits of the farmers rruch more a.dequately safeguarded, unde:r systems of
b:ranch banking, whethe:r limited to counties

Cl"

state v.ride, than at J!Y'esent. Cali-

fo:rnia iS trying the exrjeriment, and no evidence ha.s so fa.:r been I-l"esented to
show that it is not se:rving the peol-'le of the State well.

(Signed)




EDMUN'D PLATT·