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r —1- te\c(..) Cr-i, A C.c. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 6611-5cci-16^.1 1'6 I s--- (f6 OHIO Additional material pertaining to insurance of bank obligations in Ohio, 1845-1866, can be found in the following folders filed with this binder: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Condition of independnnt old anc"] free banks Condition of branches of State Bank 4111 MAIERIALS REGARDING INSURANCE OF BANK OBLIGATIONS IN OHIO, 1845-1866 Contents Legisla—ion Audit Reports Correspondence and memoranda Statistical data • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis MP , 24 organized and supplied with suitable apparatus for the use of their respective companies, be and the same is hereby repea led. JOHN M. GALLAGHER, Speaker of the House qif Representatives. DAVID CHAMBERS, February 25, 1845. Speaker of the Senate AN ACT To Incorporate the State Bank of Ohio and other Banking Companies. SECTION 1. Be it enacted by the General Asse mbly of the State of Ohio, That it shall be lawful for natural individual persons, not fewer in number, in any case than five, to associate and form companies for the purpose of carry ing on the business of banking, each in such place in this designated in its articles of association, and state as shall be hereinafter required to be made, subject, howein the certificate tingencies, restrictions, conditions, and liabil ver, to the conities prescribed in this act. Maximum of Sue. 2. The aggregate amount of capit al capital staca• companies, authorized by this act to be form stock of all the on the business of banking within this state, ed, and to carryshall not, until an additional amount shall be authorized by law, ion one hundred and fifty thousand dollars; exceed six millwhic not, however, be construed to include the capit h sum shall al companies, as, by name, shall be authorized stock of such to continue or to resume the business of banking, subject to the provisions of this act. The state didSEC. 3. For the purpose of securing to the several sections ded into twelve of the state, a fair participation in the privileges de.tricts, granted by this act, the state shall be divided into twelv banking capital authorized by the second e districts, and the portioned among such districts, and the section, shall be apnumb companies to be formed therein, shall be limit er of banking ed as provided in this section, that is to say— The counties of Hamilton, Clermont, Brow First district; n, ren, and Butler, shall compose the first distri Clinton, Warnumber of banking companies to be formed ct, in which the shall not exceed five, with an aggregate capital not excee ding one million two hundred thousand dollars. The counties of Greene Montgomery, Preble, Second; Miami. Darke, Shelby, Mercer, Allen, and Vanwert,shall comp ose district, in which the number of banking companie the second ed shall not exceed five, with an aggregate capit s to be formal not exceeding six hundred thousand dollars. The counties of Putnam, Paulding, Williams, Henry, Third; Lucas, Wood,and Hancock, shall compose the third distri ct, in which the number of banking companies to be formed shall not exWho, and how newly may engage In banking, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 25 ceed four, with an aggregate capital not exceeding three hundred thousand dollars. The counties of Ottawa, Sandusky, Erie, Huron, Richland, Fourth , Seneca, Wyandott, and Crawford, shall compose the fourth district, in which the number of banking companies to be formed shall not exceed four, with an, aggregate capital not exceeding four hundred thousand dollars. The counties of Hardin, Marion, Delaware, Franklin, Union, rum. Logan, Champaign, Clark,and Madison, shall compose the fifth district, in which the number of banking companies to be formed shall not exceed six, with an aggregate capital not exceeding five hundred thousand dollars. The counties of Pickaway, Fayette, Ross, Highland, Adams, Sixth. Scioto, Lawrence, Gallia, Pike, and Jackson,shall compose the sixth district, in which the number of banking companies to be formed shall not exceed five, with an aggregate capital not exceeding five hundred thousand dollars. The counties of Meigs, Athens, Washington, Monroe, Mor- Seventh; gan, Muskingum, and Guernsey, shall compose the seventh district, in which the number of banking companies to be formed shall not exceed six, with an aggregate capital not exceeding five hundred thousand dollar. The counties of Hocking, Perry, Fairfield. Licking, and Eighth; Knox, shall compose the eighth district, in which the number of banking companies to be formed shall not exceed four, with an aggregate capital not exceeding four hundred thousand dollars Ninth; The counties of Wayne, Stark, Holmes, Coshocton, and the which in numdistrict, ninth the Tuscarawas shall compose ber of banking companies to be formed shall not exceed three, with an aggregate capital not exceeding two hundred and fifty thousand dollars. The counties of Belmont, Harrison, Jefferson, Carroll and Tenth; Columbiana shall compose the tenth district, in which the number of banking companies to be formed shall not exceed five, with an aggregate capital not exceeding five hundred thousand dollars. The counties of Trumbull, Ashtabula, Lake, Geauga, and Eleventh; Portage shall compose the eleventh district, in which the number of banking companies to be formed shall not exceed five, with an aggregate capital not exceeding three hundred thousand dollars. The counties of Summit, Medina, Lorain and Cuyahoga, Twelfth. shall compose the twelfth district, in which the number of banking companies to be formed shall not exceed eleven, with an aggregate capital not exceeding seven hundred thousand dollars. of hankSec. 4. The number of banking companies which shall be iNumber inignaccor[Ina=n. formed and permitted to engage in the business of banking, under the provisions of this act—in the county of Hamilton ties designated. shall not exceed four. In the county of Cuyahoga, six. 4—G. I.. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 26 In the county of Franklin, three. In the county of Ross, two. In the county of Muskingum, two. In the county of Jefferson, two. In the county of Summit, three. In the county of Lucas, two. In the county of Miami, two. In the county of Montgomery, two; and in no other county in the state shall there be more than one company formed under the provisions of this act, and permitted to engage in the business of banking, except under the circumstances mentioned and provided for in the twelfth section of this act; provided that not more than two companies shall be authorized to commence and carry on the business of banking, as branches of the State Bank of Ohio, under the provisions of this act, in any one of the counties named in this section, excepting the county of Hamilton, and in the county of Hamilton, not more than three such branches shall be so authorized; and if a greater number of companies, formed for the purpose of banking in any such county, shall elect to become a branch of the State Bank of Ohio, the commissioners, hereinafter appointed, shall reduce such number to the number in this section limited, in conformity to the rules prescribed in the eleventh section of this act. Who shall conSEC. 5. To carry into effect the provisions of this act, John 'Mute the taard of bank councils W. Allen, Joseph Olds, Daniel Kilgore, Alexander Grimes and @loners ; Gustavus Swan, shall be and they are hereby appointed commissioners, and they, or a majority of them, after taking an oath diligently, faithfully, and impartially to perform the duties assigned them by this act, a certificate of which oath shall be filed and carefully preserved in the office of the secretary of state, shall constitute a board to be designated the board of continue In bank commissioners; which board shall continue for one year office one year. from the date of this act, and thereafter the duties which they are required, by this act, to perform, shall devolve on, and be performed by, the auditor, treasurer and secretary of state, who shall be commissioners to perform such duties; and if any of said commissioners shall refuse to serve, shall die, or resign, his place shall be filled by the general assembly, by joint resolution, if in session,and, if not, by the governor. Governor to sp• SEC. 6. Said commissioners shall meet in the city of CoP°Int first nieet. L'mbus, at such time, within thirty days after the passage of ing under this " act, and notify this act, as shall be each member. each member of hisappointed by the governor, who shall notify appointment, and of the time and place of meeting; they shall, when met, appoint one of their number to be their president, who shall, under the order of the board, sign all official documents; and they shall cause a fair and true record of all their official proceedings to be kept in a book, provided for that purpose. Bankers to make SEC. 7. Persons associating to form a banking company, certificate, spedf)ins the name shall9 under their hands and seals, make a certificate, which Of company. shall specify: First—The name assumed by such company, and by which it shall be known in its dealings, in which name shall be in https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 27 on nd }an lel be I ear heY be V.1.• :•(.. of Ity of her 1 rd. rue 4 ' ded the name of the city, village, or town, in which its banking operations shall be carried on; Second—The amount of the capital stock of such company, Anent of stock. and the number of shares into which the same is divided; Third—The name and place of residence and the number of ' ,,x2,17. 1 " shares held by each member of the company; Fourth—The time when such company shall have been The time when the company formed; was formed, and Fifth--That such company has elected to carry on its ope. whether an hide. rations as an independent banking company, or, as a "branch .7.drea"tbra":„ of of the State Bank of Ohio," as the case may be, which certifi- the State Bank. cate shall be acknowledged before a justice of the peace or notary public, and shall be recorded by the recorder of the county where such company is to be established, in a book to be kept by him for that purpose, which shall at all times during office hours be kept open for the inspection of any person wishing to examine the same; one copy of which certificate Said e duly certified shall be transmitted to the secretary of state, be reccorrtdir" ed,t& erto who shall record and carefully preserve the same in his office, 1" .. and another to the board of bank commissioners. SEC. 8. No company shall be permitted to commence or Capiltal stock of ndent carry on the business of banking under the authority of this Ve'nkndteopehe at act, as a branch of the State Bank of Ohio, unless its capital least t50.000, of stock shall be at least one hundred thousand dollars, nor as an ofdtt an a tbarnakn h independent banking company, unless its capital shall be at silK),000, and least fifty thousand dollars, nor in either case shall the capital 17,„cicarptiotaleiocfeed stock' of any such Company exceed five hundred thousand do!- s.:otwoo. lars; provided however, that the certificates of the funded debt of this state, or of the United States, deposited with the certifiece.of treasurer of state, as collateral security for the redemption of funded de tnootr ;art the notes of circulation of any independent banking company cdaeep' n itaeldsatock. part of the capital shall not be deemed a stock of such company, within the meaning of this act. At least thirty per centum of the capital stock of each company shall be paid in gold and Amount of silver coin, or their equivalent, one half of which, thirty per the capital stock each company centum, at least, shall be in gold and silver coin, and shall be in of to be paid to gold the actual possession, and bona fide, the property of the corn- or silver coin, or pany at the time of the commencement of its banking busi- their equivalent ; ness, and at the place designated for carrying on such business, and the remainder of the capital stock of such company shall be paid in,in installments each of at least ten per centum,on the whole amount to which the company is limited, as frequently as one installment at the end of each succeeding ninety days, from the date of the commencement of its banking operations, How and when until the whole amount of capital stock is paid in; but when to be paid. any banking company formed under the provisions of this act, shall have paid in at least sixty per cen turn on the gross amount The boardofconor governor, of its capital stock, and shall deem a further extension of its trot may, under cercapital at such time unnecessary, such company may, if a tain circumstan• extend the branch of the State Bank of Ohio, apply to the board of con- cos, time of payment trol, or, if an independent banking company, to the governor, of stock. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 28 t for an extension of the time for paying in the remaining installments on its capital stock, and if, after a careful examination of the facts, the board of control or the governor, as the case may be, shall be satisfied that public convenience does not require an increase of the capital stock of such company as rapidly as required by the foregoing provisions of this section, the board of control, or the governor, as the case may require, shall authorize such further extension of the time for paying in the remaining installments as shall be deemed compatible with the public interest; and this section shall not be so construed as to prevent any independent banking company that, previous to commencing its business as a bank, shall have paid in on its capital stock not less than thirty thousand dollars, and shall have deposited with, and transferred to,the treasurer of state, certificates of funded debt, as required by this act, to any amount not less than seventy thousand dollars, and shall also have complied with all the provisions of this act, other than such as relate to the amount of its capital stock, from 'commencing and carrying on its business as an independent banking company; and, in such case, such company shall not be required to have or pay in any additional amount of capital stock. SEC. 9. If any shareholder, or his assignee, shall fail to pay Upon failure, on the part of as- any installment on the stock, when the same is required by the signees or shareholders, the di- foregoing section to be paid, the directors may sell said stock, rectors may tell at public auction, having given three weeks previous notice their stock. thereof, in a newspaper published in the county where the company is located, to any person who will pay the highest price therefor, and not less than the amount then due thereon; and the excess, if any, after paying the expenses of sale, shall be refunded to the delinquent stockholder. If no bidder can be found, who will pay for such stock the amount due thereon, to the company, and costs of advertisement and sale, the amount previously paid shall be forfeited to the company; and such stock may be subsequently sold, in such manner as the directors may order. SEC. 10. After the expiration of two months, and within When and where the board ofbank months from the date of this act, the board of bank comthree commissioners may examine the missioners shall examine the certificates of the formation of certificates of banking companies, transmitted to them as required by the banking companies, and the du- seventh section of this act, and shall, by one of their own memties and quallfi- bers,or other special agent appointed by them for that purpose, cations of a,gents appointed to es• who shall not be a stockholder in ari: of the companies formed amine the condi- under this act, immediately proceed to examine the condition lion of banks, of each of the banking companies which shall have transmitted to the said board the required certificate; and it shall be the especial duty of such agent to carefully count, or otherwise ascertain, the amount of money paid in on account of its capital stock; to ascertain the name and place of residence of each of the directors of such company, and the amount of capital stock of which each is the bona fide owner; whether such https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 29 company has complied with all the requirements of this act, necessary to entitle the company to engage in the business of banking; and he shall cause to be made, and attested by the oath of the majority of the directors, and by the cashier of such company, a statement of all the material facts necessary to enable the board of commissioners to determine whether such company is lawfully entitled to commence the business of banking under the provisions of this act; and such agent shall immediately report to the board of bank commissioners such statement, and his proceedings in the premises. SEC. 11. If, upon a careful examination and comparison of .Only cf.^^lis the certificates of association, and the reports and statements et°,entei7:4;:emeli of the special agents, appointed to ascertain whether the bank- ine'd ihe "UM' ing companies, authorized by'this act, have complied with its catieswletnedmrecrerowr provisions, it shall appear that any number of companies have their agent or been formed, and are lawfully entitled to commence the business of banking, provided the number of such companies, and the amount of their capital,collectively, in any district, shall not exceed the number and the amount of capital assigned to such district, nor in any county the number assigned to such county, the commissioners shall certify the same to the governor, who shall, if he be satisfied that the law has, in all respects, been complied with, issue his proclamation, setting forth that such compatiies are authorized to commence and carry on the business of banking, at the places severally designated in their certificates of association; but if the commission- when more ers shall find that a number of banking companies shall have banking compee mn es hatvhanbee t fmed l:wen formed, and shall have complied with all the requisitions t of this act, preliminary to the commencement of the business of &Wined bY this banking, in any district, greater than the number assigned to Itar:;,int haer Yrodmin: such district, then the commissioners shall determine which of MI"kMe" omit eavnnto such companies are to be preferred, and certify the same to r the governor, as in this section provided; and, in forming such r000tke. where determination, they shall apply the following rules,in the order been formed. which they stand: First: They shall avoid depriving any county,in which one or more of such companies are formed, of at least one. shalli pre. Second: They shall prefer such companies as have the ;They mi hearr largest capital, provided at least thirty per centurn thereof shall gest capital; have been paid in. Third: They shall prefer the company or companies whose —The largest stock is in the largest proportion, owned by citizens of the itwrk the "w""and in the state; county in which such company is formed. Fourth: They shall prefer the company or companies whose stock is in the largest proportion,owned by the citizens of the state. Fifth: They shall prefer companies constituted by the most — And having responsible stockholders. And in case more companies shall 117e natTerrold7r; have been formed,and shall have complied with all the requirements of this act, preliminary to the commencement of business in any county, than the number assigned to such county, the f011fil V, • • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 30 commissioners, in determining to which a preference shall be given, shall observe the foregoing rules, excepting the first, in And if, after reducing the When the corn- the order in which they stand. perm.. in any itis- number of banking companies in any district to the number Inn t have,collectively, A larger assigned to such district, it shall be found that such companieii amount of card- have, collectively, a greater amount of capital than the amount tat than that as. portioned to,each apportioned to such district, then the commissioners shall bring district, the a- the aggregate capital within the prescribed limits, by reducing mount shall be the capital which each company shall be authorized to employ, reduced by an equal ratio, in equal ratio, on the amount thereof,over the minimum amount prescribed for such companies. After the end of SEC. 12. After the end of two years from the date of this two years from the date of this act, any banking company formed in any district may increase act, companies its capital stock to any amount not exceeding five hundred may increase thousand dollars, nor exceeding the amount of capital assigned ' their capital stork, under eer- to such district, and remaining unappropriated; and in case tam n specified remore than one banking company shall apply for an increase of strIctions, its capital stock, and the amount of the proposed increase shall exceed the whole amount of capital unappropriated in such district, then the commissioners shall assign such unappropriated capital, equally, to the companies demanding the same; but any new company,formed in any county having no banking company in the same, shall be preferred at any time before such capital is finally appropriated. IN RELATION TO THE STATE BANK OF OHIO. SEC. 13. Whenever, from an inspection of the certificates Whenever any number of corn' transmitted by banking companies to the board of bank companies, not lees • • than seven,shall missioners, it shall appear that any number of said companies, elect to coin. not less than seven, inclusive of such existing companies as are, mence banking is this act, especially authorized to resume or continue bankoperations. branches ofState ing operations under its provisions, have made their election Bank, they shall transact their banking operations, as branches of the State appoint members to of the board of Bank of Ohio, and have complied with the requirements of this control, act, preliminary to the commencement of banking operations, then said commissioners shall immediately notify each of said companies thereof; and within ten days after receiving such notice, they shall each appoint,in such manner as the directors thereof shall prescribe, one person to be a member of the board of control of the State Bank of Ohio; and any two or more of such banking companies may unite in the appointment of the. same person. But no person, who is not a citizen of the Uni-• Qualification, of ted States, and a resident of this state,and who has not resided members of the board of control. within this state at least two years next previous to his appointment, shall be a member of the board of control. SEC. 14. The members of the board of control, who shall When the board of control shall have been appointed agreeably to the provisions of the next meet; how, and In what manner preceding section, shall meet in the city of Columbus, at such organized. time as shall be designated by the board of bank commissioners, who shall give ten days previous notice to each branch of the time of such meeting; they sharl each take on oath diligently, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 31 es at • faithfully, and impartially to perform the duties imposed on them by this act, a certificate of which oath shall be filed and preserved in the office of the secretary of state. They shall organize, provided two thirds of the whole number shall be convened, by electing some suitable person as president, whose duty it shall be to preside at the meetings of the board, and sign its official documents; they shall appoint a secretary, who shall keep a fair and true record of the proceedings of the board. They shall keep an office in the city ofColumbus,which, together with their books, papers, records, and accounts of every description, shall, at all times, be open to the inspection of any committee of the general assembly, or either branch thereof, and of any commissioner or commissioners,especially appointed for that purpose by the general assembly,and of any person appointed by any one of the branches. They shall shall fur• procure and furnish each branch with notes for circulation,and They nish notes for decide on the amount to be furnished, from time to time, to eulation , each, within the limits, and agreeably to the rules and restric_ _Pr rib, rules tions prescribed by this act. They may prescribe rules for the for the settle. of fourths three , branches the settlement of balances between rtanTi: rwteoern bba. the votes given, according to the rule of voting herein prescribed, concurring. They shall have power, by themselves, es ; or by a committee of one or more members of their own board, or by a special agent appointed by them for that purpose, shall have whenever, and as often as they shall think proper, to visit any And power to visit, evithe all and , accounts and records y or by personall, branch,inspect its books, intents, the varl• dences of debts due to, and securities held by, such branch; 0115 branches, examine and ascertain the amount of money and other prop- and exantine erty held by such branch; examine, on oath, the president, their affairs. directors, cashier, and all other officers, agents, clerks or servants of the branch, touching its condition, means and liabilities. They shall have power to require any branch to reduce its circulation, or other liabilities, within such limits as they shall, after full inquiry into its condition, deem necessary to secure from loss,either the dealers with such branch,or the other branches of the State Bank of Ohio. They may require the officers of each branch to make out, under oath, and transmit to the office of said board, at Columbus,statements of the condition thereof, in such form as such board shall prescribe, and as frequently as they shall deem proper; which statements shall be recorded in a book or hooks to be kept for that pur- They may at, pose. They may appoint an executive committee, of not less P°Int an exer ucommittee, than five, of whom the president shall be one, to act in behalf live &e. of the board in all such cases, and perform all such duties as shall be prescribed by the bylaws of said board, not inconsistent with this act. Compensation of SEC. 15. The president and secretary of the board of con- members of the as services their for ation board of control, trol shall each receive such compens the expense said board shall allow, which shall be assessed upon the several ad of printing notes, capitheir of ratio the in Ohio, Sce.; how raised. branches of the State Bank of tal stock. The board may also allow the executive committee https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 32 such compensation as they shall deem just and reasonable, to be paid by the several branches, in the same manner; and the expenses of procuring plates and printing notes of circulation shall be paid by the several branches, in the ratio of the notes of circulation received by each. -SEC. 16. The board of control, from the time of its organThe board of ( control shall be until the first day of May, in the year one thousand ization, a body corporate until the lat day eight hundred and sixty six, and thereafter, until the affairs of of May, nee, the several branches of the State Bank of Ohio shall be finally closed up, shall be a body corporate, with succession, and by the name of the State Bank of Ohio, capable of contracting and of prosecuting, and defending in suits or actions at law,or in chancery, as fully as natural persons, and of doing all other acts and things necessary to effect the object contemplated in this act by the formation of said board. SEC. 17. Each member of the board of control shall conRegulations as to tho term of office in office until the first Monday of February, next after tinue of members of . the board of con• his appointment, and until his successor shall be appointed and trol vacancies ; qualified; vacancies in the board shall be filled by the branch and the president by which the appointment vacated was made; in voting each of said board, member shall be entitled to one vote,and to one additional vote for every fifty thousand dollars of the amount of notes of circulation, to which the branch or branches represented by him, is, or are entitled, at the time of such voting; the president of the board shall hold his office for one year, and until his successor shall be appointed, but may be removed by a resolution of the board; he shall take an oath, faithfully, diligently and impartially to fulfil the duties of his appointment,and not knowingly violate any of the provisions of this act; he may be required to give bond in such sum, and with such securities, as the board shall prescribe; and all vacancies in said appointment shall be filled by the board. All notes issued by any branch, intended to cirNotes issued by /Sm. 18. any branch, pay• culate as money, shall be payable at the branch by which they able at said branch in gold are issued in gold and silver coin, the lawful currency of the and silver coin. United States, or either, at the option of the branch, on demand; they shall be signed by the president of the board of How notes to be corktrOl, countersigned by the cashier of the branch by which signed and coon. they are issued, made payable to bearer, and shall be negotiatersigned, ble by delivery; all other evidences of debt, issued by any branch, shall be negotiable or transferable in the same manner as if issued by a natural person, and shall be binding on the branch, whether under seal or not, and all such evidences of debt, other than notes of circulation, shall be payable to the order of some person therein named. SEC. 19. No branch of the State Bank of Ohio shall, at The proportion of notes in chew any time, have in circulation notes in the similitude of bank lation to the capital stock, to be notes, to an amount bearing a greater proportion to the capital by the stock of said branch, actually paid in, and at the time remainfollowing ratio: . ing undiminished by losses or withdrawal, exclusive of its portion of the safety fund, than the ptoportion hereinafter specified, that is to say: rerUlate4 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 33 Ia. IS On the first hundred thousand dollars, or any lesser amount of its capital, not more than twice the amount of such capital. On the second hundred thousand dollars,or part thereof, not more than once and a half of the amount of such capital, over one hundred thousand. On the third hundred thousand dollars, or part thereof, not more than once and a quarter the amount of such capital, over two hundred thousand. On the fourth hundred thousand dollars, or part thereof, not more than once the amount of such capital, over three hundred thousand; and, On any amount of capital, over four hundred thousand dollars, not more than three fourths the amount of such capital, over four hundred thousand, and on its portion of the safety fund an amount equal thereto. SEC. 20. Notes designed for circulation shall be delivered How notes, de lotio ned o,ftoor he riredu by the board of control, to each branch on a written order, lig e: signed by the president, and a majority of the directors of such IIv.red, Are. branch; such orders shall be carefully preserved by said board in their office; an accurate account of all the notes so delivered,the amount of the notes of each denomination so delivered, and the date of such delivery, shall be kept by the board of control, in a book or books, to be provided and kept in their office at Columbus; all'notes so worn, defaced or mutilated as Regulations as to to be unfit for circulation, shall be returned by the branch by delayed or mullwhich they were issued, to the board of control, and an equal Iced notes. amount of new notes received therefor; all such notes so returned by a branch shall be credited, and all new ones delivered in their stead shall be charged to such branch, on the books of said board; and the notes so returned shall be burned to ashes, in the presence of the president, and at least two of the members of said board. / SEC. 21. Before the board of control shall deliver to a% Every re. branch, notes for circulation, they shall require such branch q.:1"dotbranch rodPay to pay over or deposit to the credit of said board, as said to the ered e it ot f board shall order, either in money or in certificates of the stocks " thei'Tr^ of con of this state, or of the United States, at their current value in ;:t.1,',. ° nr7corue:tnot the city of New York,but in no instance above their par value, notes given for an amount equal to ten per centum on the amount of the notes circulation, for circulation, which shall be delivered to such branch. And so from time to time, as any branch may, by the paying in of an additional amount on its capital stock, or by not having received the amount of notes for circulation to which it was previously entitled,be authorized to demand an additional amount of notes for circulation, such branch shall deposit with the board of control ten per centum on the amount of notes so reStacks and moo quired, and the stocks and money so deposited shall be denomi ey so paid and nated the "safety fund," and shall be invested as hereinafter doexis,,itoetde;i tdhee. prescribed, and held by the board of control, as the propert .•safely fund." of said board, in trust for the benefit of the several branch y es of the State Bank of Ohio, and as a fund for the redemp tion of the 5--G. L. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 34 notes of circulation of any one or more of said branches that may fail to redeem its notes, to be applied to that purpose in the manner pointed out by this act. In what manner SEC. 22. All money so deposited or paid to the board of eaeh branch may on account of the safety fund, by any branch, shall be control Invest its portion or the safety under the direction of said board, invested by such branch, fund, either in the stocks of the state, or of the United States, or in bonds secured by mortgages on unincumbered real estate situated in the county where such branch is located, or in adjoining counties, of at least twice the value in each case of the amount secured thereby, exclusive of buildings or other fixtures subject to be destroyed by fire, by floods or accidental occurrences, or of timber, mines or minerals, subject to waste; which bond shall be made payable on demand to the State Bank of Ohio, and shall bear such rate of interest as shall be agreed on by the parties, not exceeding seven per centum per annum, payable semiannually. Each branch shall be enThe branches entitled to retitled to receive the interest accruing on the stocks or bonds in ceive interest which its portion of the safety fund shall have been invested; accruing on its stocks or bonds, and in case of the insolvency of any branch, the stocks and bonds in which the money of such braneh shall have been invested as aforesaid, if the proceeds of such stock and bonds shall be sufficient to redeem its outstanding notes of circulation, shall as far as practicable, be first converted into money, and applied to that purpose, before any part of the safety fund belonging to other branches shall be so applied. SEC. 23. The stockholders,collectively,of any branch shall To what amount stockholders and at no time, be liable to such branch,either as principal debtors, direcnas may be both, to an amount exceeding one third part of liable, either as or sureties, or debtors or sure. the capital stock of such branch then actually paid in and remaining as capital stock. Nor shall the directors, collectively, be so liable to an amount exceeding one fourth part of the stock actually paid in, standing in theie names, and of which they are collectively the bona fide owners in their own right; pro. vided that such directors may be further permitted to become liable, as drawers or indorsers of bona fide foreign bills of exchange,drawn in this state, and payable at any place out of this state,to an amount,when added to their other liabilities, not exceeding one third of the capital stock actually paid in,and standing in the names of such directors; and the stockholders may become liable, in like manner, in such sum as. when added to their other liabilities, will not exceed one half of the capital stock of any such branch actually paid in. SKC. 24. If any branch of the State Bank of Ohio shall reIf any branch re. to pay its notes of circulation, or any of them, in gold or fuse redeem rusk."' Its notes, it shall be deemed insol- silver coin, the lawful currency of the United States, On sent, ate, which payment shall be lawfully demanded at its banking house, or customary place of doing banking business, during usual banking hours, such branch shall be deetnel to have committed an act of insolvency, and thereupon all its property, credits, securities, liens and assets of every description, shall https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis r I A 25 forthwith vest in, and be the property, credits, securities, liens and assets, of the board of control, for the uses and purposes declared in this act. Sc. 25. The board of control, on receiving information The board or ":;:::::',7,rth• . that any branch of the State Bank of Ohio has committed au riz act of insolvency, shall forthwith appoint a committee of one any brawl', to or more of its members, who shall make immediate inquiry into the truth of such information, and report thereon to the board; .1,..,1 or the and if the board shall be satisfied, from the report of the coin- .01 raarrie,,elioveiropor mittee, that such branch has suspended the payment of its notes in gold and silver, they shall forthwith appoint a suitable re- ceivera, /kr. ceiver or receivers, who shall take immediate possession of the books, records, money, choses in action, and property of said branch of every description, and hold the same for the joint use and benefit of the other branches of the State Bank of Ohio, and the creditors of said failing branch; and said board of control shall immediately provide money, and place the same in such solvent branch or branches, as may be most convenient for the purpose of redeeming the notes of such failing branch, and shall give public notice thereof in some newspaper, printed in the place where such failing branch is located, and also in some newspaper of general circulation published at Columbus. SEC. 26. Each solvent branch shall contribute, in the ratio Each solTent of the circulation to which it is entitled, to the sum necessary buhrateneLtoteheontrrel: for redeeming the notes of the failing branch, as provided in demotion of the tw of a falling the preceding section, on the requisition of the board of con- iwiyh trol, and may be remunerated for such contribution, from the safety fund, as soon as money sufficient can be raised from that fund, by a sale or hypothecation of the stock, funds, or other securities belonging thereto. SEC. 27. The receiver or receivers, appointed as provided imetiver er rein the twenty fifth section, shall be required to give bond in "'""0^1 such sum, and with such securities, as the board of control shall judge sufficient; and, under the direction of the said board, 1„„ha shall proceed to settle up its affairs, and convert its assets into whiaws7 omit by reeeheis to is money; the money so made shall be applied— First: To reimburse all moneys which shall have been advanced by the several branches for the redemption of the notes and bills of the insolvent branch, and which may not have been previously reimbursed (torn the safety fund. Second: To reimburse all moneys advanced from the safety fund, other than moneys derived from that portion of the safety fund furnished by the failing branch. Third: To the payment and discharge of all the remaining liabilities of such branch; and— Fourth: The residue shall be divided among the stockholders of the failing branch, in proportion to the stock by them respectively held. Sac. 28. If any branch, against which the board of control Ifsay140 foot re shall have instituted proceedings, on account of any ;opposed ...batiri of WNW r https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis VIO.A•th MOM e. 36 act of insolvency, as prescribed by the twenty fifth section of this act, shall deny having committed such act of insolvency, such company may apply to any court of competent jurisdicsuspend tion for a writ of injunction to said board of control toinsolvent an as branch, such all further proceedings against company; and such court, after citing said board of control to appear and show cause why such writ should not be granted, and after the finding of a jury that such branch has, at all times • continued, and still continues to redeem,in gold and silver enjoining order, an make shall circulation, of its notes board of control, from all further proceedings against such branch, on account of the supposed act of insolvency, all which such proceedings were instituted, and thereupon to i restored be shall branch such of assets property and directors. e• Sgc. 29. If the board of control shall, in any' case, fail to The hoard of control may be manner prescribed in the foregoing sections oft romi.elie,i, by proceed in the the payment of the outs holders of notes this act, and providing for no the affairs of any closing or creditors, in and circulation, of tes UP' on application to insolvency, the holder o of act an that shall have committed the court, to comply with the any of its notes of circulation, or other creditor of such branch• pen, mons of prepayment of such notes of circulation or other' ceding sections. may, in case claim, has been refused when lawfully demanded, and remains unpaid, apply to any court of competent jurisdiction, for its writ, commanding the board of control so to proceed; hnd it shall be the duty of such court, after citing such board to appear and show cause why such writ should not issue, and upon the finding of a jury that such act of insolvency has been committed, to issue their writ, commanding said board of control forthwith to proceed, in the manner pointed out in the preceding sections of this act, to provide for the payment of the outstanding notes of such branch, close up its affairs, and) make application of its assets. geney, it may apply to any mp court of coe• tent Meta fiction for a writ of in. Junction. &e. IN RELATION TO INDEPENDENT BANKING COMPANIES. Sec. 30. Each company that shall have elected to carry on its business as an independent banking company, and shall have complied with the requirements of this act, preliminary t the commencment of banking business, shall, before it shall of commence such business,and before it shall be held to have ac-. quired corporate powers,deposit with and transfer to the treesurer of state certificates of the funded debt of this state, or ofthe United States, at least equal in amount to the amount of its cap. ital stock, at such time paid in; and,from time to time,as an ad- , ditional installment, or portion of its capital stock,shall be paid, in, additional certificates of the funded debts above specified, at least equal in amount to the amount of such additional pay meats of capital stock, shall, within thirty days after such payment, be deposited with and transferred to the treasurer of state, but no such certificate of funded debt shall be received Independent banking comp& nice to deposit with treasurer of certificates -0 of funded debt of Ibis state, or the United States equal in amount to the amount of their capital stock. state. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 37 by said treasurer at a rate or price above the average selling price of such certificates at the New York stock exchange, for the four weeks next preceding the time of the receipt thereof by the treasurer, nor shall any certificate of the funded debt of this state be received at any rate above its par value, exclusive of the unpaid interest that may have accrued thereon; and if such company shall fail to make deposits and transfers of stoc.k, as in this section required, all its franchises and powers derived from this act, except such as may be necessary to settle up its affairs, shall immediately cease and determine. SE.c. 31. The treasurer of state shall deliver, from time to Treasurer of time as he may be prepared so to do, to any independent sitt.adteepi.tontideettl,vi er to banking company that may have entitled itself thereto,on the banking ronipa• written order of the president and a majority of its directors, notes for circulation to any amount not exceeding the value &r. rotation, of the certificates of funded debt deposited with, and transferred to him by such company, as prescribed by the preceding section; but at no time shall the total amount of such notes, delivered to any such company,exceed three times the amount at such time actually paid in on its capital stock,and remaining as capital stock, undiminished by losses or otherwise. SEC. 32. In order to furnish suitable notes for circulation Authority given to such independent banking companies, the treasurer of state °tor ittliieie,tiroeaszez is hereby authorized and required to cause to be engraved and to he engraved, printed, in the best manner to guard against counterfeiting, such quantity of circulating notes in the similitude of bank rotating notes. notes, in blank, of the several denomiaations provided for in this act, as he may from time to time deem necessary to furnish to such independent banking companies, according to the provisions hereinafter set forth; which notes shall be countersigned, numbered, and registered in proper books, to be provided and kept for that purpose, in the office of said treasurer, under his direction, by such person or persons as he may appoint, so that each denomination of such circulating notes shall bear the uniform signature of one of such registers; and all the notes of each separate denomination shall bear the same device, and bear a general similitude; and the notes or bills to be so countersigned shall have stamped or printed on their face the words, "secured by the pledge of stock." SEC. 33. The plates, dies, and materials to be procured by The plates, dies the treasurer of state, for the printing and making the circulating notes, provided for in the thirty second section of this act, king circulating shall remain in the custody of said treasurer, and under his notes, to he in the care of the direction; and the expense necessarily incurred by him, in treasurer; executing the provisions of this act, shall be audited and settled by the auditor of state, and paid out of any moneys in How expense the treasury, not otherwise appropriated; and, for the pur- paid. pose of reimbursing the same to the treasury, the said treasurer is hereby authorized and required to charge against, and receive from, each company receiving such circulating notes, such ( " „ I pet pd it d en ic,rm• it , ..L ed https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis " 38 rate per centum thereon as may be sufficient for that purpose, and shall, from time to time, equalize said expenses among the companies to whom such circulating notes may be furnished. When a compa. Sc.34. After any such independent banking company shall ny may issue and circulate its have caused to be executed and signed, by the president and notes as money• cashier thereof, the circulating notes received from the treasurer of state, in such manner as may be requisite to make them obligatory notes, payable on demand,at its place of business, such company is hereby authorized to issue and circulate the same as money. Mutilated circu. SEC. 35„ It shall be the duty of the treasurer of state to retatini notes to be • ceive . mutilated circulating notes, issued by him to any of such destroyed. independent banking companies, and to deliver in place thereof other circulating notes to an equal amount; and the said mutilated notes, after a memorandum shall have been entered in the proper book or books, shall be burned to ashes by the said treasurer, in the presence of the secretary of state and the officer or agent of said company by whom the said notes shall have been delivered to the said treasurer, and a certificat of said burning, signed by said treasurer, shall be made in t books of the register, and a duplicate thereof given to said agent. euntso /' ur t o tih , te"u Itatrio SEc. 36. The treasurer of state shall give to any company, by whom any stock shall have been deposited, according to divIdinerL upon stock deposited the provisions of the thirtieth section of this- act, powers • and pledged. attorney to receive the interest or dividends thereon, whic interest or dividend such company may receive and apply to its own use; but such powers of attorney shall become void upon any such company failing to redeem the circulating notes issued by such company; provided, however,that whenever the price of any of the stocks pledged for the security or redemption of the circulating notes issued by any such company, as aforesaid, shall be at the stock exchange, in the city of New York,for four consecutive weeks, at a price or rate less than the value of which such stock shall have been estimated, when so deposited and pledged, the treasurer shall receive and retai , the interest or dividend on such depreciated stock, so pledge until the interest so received, when added to the market valu of stocks so pledged,to be ascertained as in this section befo provided, will be equal in amount to the amount for which su stocks were pledged, and he shall deposit the amount so r ceived with any solvent banking company in this state, at sue rate of interest as shall be agreed upon, or, at the option the company by which such stocks were deposited, inve such interest or dividends in any of the stocks by this act a thorized to be pledged, in the name of the treasurer of stat in trust for the banking company by whom the stocks, on whi such interest or dividends may have accrued, shall have bee pledged, and whenever the price of such depreciated stocks, a the New York stock exchange, shall rise to the price at which they were pledged by the company,and so remain for four https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 39 • •. consecutive weeks, such investment shall be assigned to such company,and all accruing interest on such pledged stock shall thereafter be paid to such company. SEC. 37. The stocks 'transferred to the treasurer of state, Stocks given u by an independent banking company, for the security of its recurity held exy by the u'uetle, circulating notes, shall be held by him exclusively for that etrtou stt purpose, until such notes shall be redeemed, except as hereinafter provided. SEC. 38. If any such independent banking company shall What to be dnne fail to redeem, in gold or silver coin, any of its ciiculating pwe'LninatnbYaniknidneg. notes, issued in pursuance of the provisions of this act, when company fads to payment thereof shall be lawfully demanded, during the usual Wing notes. hours of business, at the office of such company, the holder of such note or notes may cause one or more thereof to be protested by a notary public, who shall, on protesting the same, forthwith forward notice of such protest to the treasurer of state, and after such protest suffered, it shall not be lawful for the company thus suffering ptotest, to pay out any of its notes, discount any notes or bills, or otherwise engage in the business of banking, except to receive and safely keep moneys belonging to it, and to deliver special deposits; provided, however, that if satisfactory proof be produced to such notary public that the payment cif any such note or notes is restrained or delayed by order of any court of competent jurisdiction, such notary public shall not protest the same; where the holder of such notes shall cause more than one to be protested on the same day, he shall not receive pay for more than one such protest. SEC. 39. In case any such independent banking company When any Ind'. shall fail to pay, and redeem its circulating notes on demand, pendent banking e ; rreadiei.r in gold or silver coin, as specified in the next preceding section l of this act, the treasurer of state shall, within thirty days after the treee"Ter of he shall have received notice of such failure, cause the stocks Lt otof mt0 kh pledged by such company, or so much thereof as may be ne- Pledged. cessary to redeem the outstanding circulating notes of such company,to be sold either at the stock exchange in the city of New York, after giving notice of such sale to such company, and also advertising the time and place of sale, with a pertinent description of the stocks to be offered for sale, in two or more newspapers published in the city of New York, for not less than ten consecutive days before the day of sale, or at the state treasury in the city of.Columbus, giving notice to said company, and also advertising, in one or more newspapers published in the city of Columbus, and one or more newspapers in general circulation in the county where the office of such failing company is situated; which advertisements shall contain the same particulars as are required herein, where sales are to be made in the city of New York; and out of the proceeds of Hre procieedsdiof such sale the treasurer shall pay, in a ratable proportion, the itraibeutt:d circulating notes of such company, of which due notice shall be given,calling upon the holders of such notes to present them for such payment, at the state treasury; provided that if any https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 40 of the circulating notes of such failing company shall not be presented, for redemption, at the state treasury, until after the term of two years from the date of the first publication of the notice to the holders of such notes, to present the same at the . state treasury, the treasurer may pay,ratably, to the holders of the notes previously presented, if such notes shall not have been previously paid in full, whatever of the proceeds of such sale, remaining in his hands, may be needed to fully discharge such notes so presented. Treasurer with h SEC. 40. The treasurer of state may, if he shall deem that the advice of the secretary and au. the interests of the noteholders of any insolvent banking com• ditor, may hr pany will be best promoted thereby, with the advice of the potherate or sell at private sale auditor and secretary of state, hypothecate, or sell at private deposited stocks. sale, any of the stocks transferred to, and deposited with him, by such company,to any other independent banking company, or to any individual person or firm,and receive therefor, either money, or the circulating notes of such failing company; pro. vided that no such stock shall be sold, by private sale, at less than the par value thereof, nor at less than its selling price, at the New York stock exchange,at the date of the last receiv information, nor shall any such stock be sold on credit. How a special SEC. 41. On receiving notice that any such independ e ' gent 1° be ar" banking company shall have committed an act of insolven pointed after the Insolvency of an as hereinbefore defined, the treasurer of state, the secretary state, and the auditor of state, or a majority of them, shall Independent banking compa• point a special agent, who shall immediately proceed to as ny, tam n whether such company has refused to pay its notes in g and silver coin, when lawfully demanded, and report to said treasurer, secretary and auditor, the facts so ascertain and if, from the report so made, said treasurer, secretary auditor, or a majority of them, shall be satisfied that such c pan)' has suspended the payment of its circulating notes, w lawfully demanded,in gold and silver coin, they shall forth appoint a receiver or receivers, and require of him or such bond and security as they shall deem proper, who s proceed to take possession of the books, records and assets, every description, of such company; collect all debts, dues other claims, belonging to such company;settle, and, with approbation of an agent, to be appointed by the stockhold for the protection of their interests, compound for all bad doubtful deb's; sell all the real and personal property of company and to pay over all moneys so made, to the treas of state; and the treasurer ofstate shall cause notice to be gi by advertisement, in one or more newspapers published in city of Columbus, and also in one or more newspapers,in eral circulation, in the county where the office of such i vent company shall be situated, for six consecutive mon calling on all persons who may have claims against such , pany, to make legal proof thereof; and, after the end of: year from the first publication of such notice, the tre after full provision shall have been made for redeeming https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 41 r. if.- • nt115. r. one •u rer• he cit.- culating notes of such company, shall make a ratable dividend How proceeds of of the moneys so paid over to him by such receiver or receiv- tiiminniknnviei. onet d of ers, inclusive of moneys received by him on sales of stock transferred to, and deposited with htm by such company, on all such claims as may have been so proved; and from time to time,as the proceeds of the assets of said company shall be paid over to him, the said treasurer shall make further dividends, as aforesaid, on all claims previously proved; and the remainder, if any thing, shall be paid over to the stockholders of the company, or their legal representatives, in proportion to the stock by them severally held; provided, however, that if any independent banking company, against which proceedings have been instituted, as prescribed in this section, on account of any supposed act of insolvency, shall deny having committed such act, such company may apply to any court of competent jurisdiction to enjoin further proceedings in the premises; and such Proceedings may and court, after citing the treasurer, secretary and auditor of state, beeien,enjoined ayettrkord;Inoolto show cause why further proceedings should not be enjoined, and, after the finding of a jury,that such company has not suspended the payment of its mates, when legally presented, in gold and silver coin, shall make an order, enjoining said treasurer, auditor and secretary of state, and any receiver or receivers appointed by them, from all further proceedings on account of such supposed act of insolvency. Sc. 42. If the original capital stock of any of such inde- No dividends to pendent banking companies shall, in any manner,be diminished, or any portion thereof be withdrawn for any purpose what- any I nl.is or deever, while any debts or demands against such company remain """ """ unsatisfied. unsatisfied,no dividends shall,thereafter, be made on the shares of the capital stock of such company, until the original amount of the capital stock shall be restored, either by contribution of the shareholders, or out of the profits of the business of such company; and in case any dividend shall be made while the capital stock shall remain so diminished or withdrawn, it shall be the duty of any court, having competent jurisdiction, to issue the necessary orders and decrees for closing the affairs of such company, and dividing its effects among its creditors and shareholders,as in this act provided. SEC. 43. All fees for protesting the notes issued by any Fees for protest. such independent banking company, shall be paid by the per- Ing'"ow Paulson procuring the protest to be made, and such company shall be liable therefor; but no part of the stocks pledged by such company to the treasurer, shall be applied to the payment of such fees; and all expenses incurred in conducting the sale of any such pledged stocks, and advertisements thereof, shall be paid out of the proceeds of such sales. SLc. 44. The stockholders, collectively, of any independ- To what amount ent banking company shall, at no time, be liable to such cornpony, either as principal debtors or sureties, or both, to an ly, be . liable amount greater than three fifths of the amount of capital stock actually paid in, and remaining undiminished, by losses or other6—o. t... https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 42 wise; nor shall the directors be so liable,except to such amount, and in such manner,as shall be prescribed by the bylaws of such company. adopted by its stockholders, to regulate such liabilities; and it shall be the duty of the auditor, treasurer and secretary of state, or a majority of them, as often as once in each year, to appoint some suitable person, in the vicinity of each independent banking company, who shall not be a stockholder in any bank of this state, who shall have power to make a Independent thorough examination into all the affairs of the bank which he banking ronipa• Mee to be visited may be appointed to examine, and, in so doing, to examine and examined, any of the officers and agents of such bank on oath; and such once, annually, agent shall make a detailed report of the condition of such bank to the auditor of state; and the banking companies, deriving their powers and privileges from this act, shall not be subject to any other visitorial powers than such as are authorized by this act, except such as are vested in the several courts of law and chancery; and every agent appointed, as in this section provided, shall receive, for his services, at the rate of two dollars for each day by him employed in such examination, and two &liars for every twenty five miles he shall necessarily travel in the performance of his duty, which shall be paid by the banking company by him examined. SEC. 45. Whenever any independent banking company, Whoa and an. Ms IOW condi. being desirous of diminishing the amount of its circulating dosa certificates of funded debt notes, shall deliver to the treasurer of state any portion of may be rattans. such notes, not less in amount at any one time than five thouhned to lodepoilent ban king sand dollars, to be destroyed, the treasurer shall destroy the companies same, as prescribed in section thirty five, and shall, thereupon, retransfer and deliver to such company certificates of funded debt deposited with him by such company to an amount equal to the amount of notes so delivered up; provided that _ amount of such certificates remaining with the treasurer s not, thereby, be reduced below the amount of the capital stock of such company at that time paid in, nor in any case bel., the sum of fifty thousand dollars, nor in value, estimating t same at their then current price in the city of New York,below the amount of circulating notes still retained by such company;• nor shall the treasurer be required to retransfer such certificates in fractional sums of less than one thousand dollars; and whenever any such company, being desirous of relinquishing its banking business, shall have paid at least ninety per centum of the maximum amount of its circulating notes, and shall have delivered the same to the treasurer of state, to be destroyed, . and shall have provided means and given security,to the satisfaction of the treasurer, secretary, and auditor of state, for the redemption of its outstanding notes of circulation, at the . place where the office of such company was established, and shall have given notice thereof by advertisement, for six consecutive months, in two newspapers of general circulation, , published at Columbus, and at least one published in the city, town, or village where the office of such company is located, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 43 it shall be lawful for the treasurer of state to retransfer and deliver to such company. all the certificates of funded debt, previously pledged with him by such company,and,thereupon, all the corporate powers of such company, except such as shall be necessary to close up its affairs, shall cease. GENERAL SEc. he I ror.• e ocateil. raovisioss. 46. The capital stock of each banking company shall 100 dollar, thethhe 4c be divided into shares of one hundred dollars each, and shall :;:e. be assignable on the books of the company, in such manner as its bylaws shall prescribe; but no shareholder shall have power No shareholder to sell or transfer any shares, held in his own right, so long as to receive Myi• or profits he shall be liable, either as principal, debtor, surety, or other- den& so long u he wise, to the company, for any debt which shall have become may be in debt due, and remains unpaid; nor in such case shall such share- to any company. holder be entitled to receive any dividend, interest, or profit on such shares so long as such liabilities shall continue; but all such dividends, interests, or profits, shall be retained by the company,and applied to the discharge of such liabilities; and no stock shall be transferred, without the consent of a majority of the directors, white the holder thereof is indebted to the company. e SEC. 47. No banking company shall take, as security, for No Minket:L eo:tl. its part of capital stock, cPealnyYe as sec urlty, any loan or discount, a lien upon any upon any but the same security, both in kind and amount, shall be re- aeptiterlien ! et f t rc.Li:tette quired of shareholders as of persons not shareholders; and no any purcbase of banking company shall be the holder or purchaser of any por- sdieorcke,02citeioptniun• tion of its capital stock, or of the capital stock of any other incorporated company, unless such purchase shall be necesary specified. to pi even t loss upon a debt previously contracted in good faith, on security, which at the time was deemed adequate to insure the payment of such debt, independent of any lien upon such stock, or in case of forfeitures of stock for the nonpayment of installments due thereon, as provided in the ninth section; and stock so purchased shall in no case be held by the company, so purchasing, for a longer period of time than six months, if the same can be sold for what the stock cost, at par. SEC. 48. In all elections of directors, and in deciding all Stockholders en ( re it eeder toh oeihi1;7te questions at meetings of stockholders, each share shall entitle the owner thereof to one vote. Stockholders may vote by proxies duly authorized, in writing; but no officer, clerk, teller or book keeper of the company shall act as proxy• and no stockholder, whose liability to the company is past' due and unpaid, shall be allowed to vote. SEC. 49. The affairs of every company, formed and organ- The number and qualifications of ized to carry on the business of banking under the provisions directors. of this act, shall be managed by not less than five, nor more than nine directors. Every director shall, during his whole term of service, be a citizen of the United States, and a resiii dent of this state. At least three fourths of the directors bhall have resided in this state two years next previous to their https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 44 election as directors; each director shall own in his own name and right, at least one per cen turn of the capital stock of the company, up to two hundred thousand dollars, and the half ot one per centum on its capital, over two hundred thousand dollars. The directors of each banking company, collectively, shall own at least one tenth of its capital stock. Each director shall take an oath that he will, so far as the duty devolves on him, diligently and honestly administer the affairs of the company, and not knowingly violate, or willingly permit to be violated any of the provisions of this act—that he is the bona fide owner,in his own right, of the stock, standing in his name on the books of the company,and that the same is not hypothecated, or in any way pledged as security, for any loan obtained, or debt owing; which oath, subscribed by himself, and certified by the magistrate before whom it is taken, shall be filed and carefully preserved in the office of the recorder of the county . in which the banking company is located. The time for SEC. 50. The directors of any banking company first ilrtnni which der may be eeeted; elected, shall hold their places until the first Mond;iy in Januhow v ,canewe ary, next thereafter, and until their successors shall be elected may orrur and and qualified. All subsequent elections shall be held annually, now filled. on the first Monday of January, and the directors so elected, shall hold their places for one year, and until their successors are elected and qualified. But any director, removing from the state or ceasing to be the owner of the requisite amount of stuck, shall thereby vacate his place. Any vacancy in the board shall be filled by appointment by the remaining directors. The director so appointed shall hold his place until the next annual election; and if, from any cause, an election of directors shall not be made at the time appointed, the company shall not, for that cause, be dissolved, but an election may be held on any subsequent day, thirty days' notice thereof having been given in a newspaper printed in the county where the company is located. SF.c. 5 1. Every banking Banking rompscompany, authorized to carry on alas body cor ps rate limit the 1st the business of banking, under the provisions of this act, of May 1866 whether as a branch of the State.Bank of Ohio, or as an independent banking company,shall be held and adjudged to be a body corporate, with succession until the first day of Max', in the year one thousand eight hundred and sixty six, and there. after, until its affairs shall be closed, and by its corporate name shall be competent to contract, prosecute and defend suits and actions of every description as fully as natural persons; and process against such company may be served upon its president or cashier, or by leaving a copy thereof at its usual pl of business during usual business hours. Each of said bank' companies shall, until the first day of May, in the year one thousand eight hundred and sixty six, if so long it shall comply. with the provisions of this act, have power to loan money, buy, Their powen and privileges. sell and discount bills of exchange, notes, and all other written evidences of debt, except such as it shall be prohibited by https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 45 (1, • • i this act from buying, selling, or discounting—receive deposits —buy and sell gold and silver coin and bullion—collect and pay over money, and transact all other business properly appertaining to franking, subject, however, to the provisions and restrictions contained in this act; may acquire, hold and convey such real estate as may he necessary to the convenient transaction of its business, and no more; •but may, however, acquire title to any real estate pledged to secure any debt previously contracted, or purchased on an execution or order of sale, to satisfy any judgment or decree in its favor,or which shall have been conveyed to it, in payment of any previous debt; but shall not hold any real estate, so acquired, longer than is necessary to avoid a loss of any part of the debt, interests and costs, for the collection or security of which it was acquired; but at any time before selling the same, upon being tendered by the last preceding owner, or his legal representatives, such sum as shall be necessary to save such company from loss of any part of the debt, interest, taxes, costs and other necessary charges for the collection or security of which such real estate was acquired, such company shall release to such owner, his legal representatives or assigns, all its right title and interest therein. SEC. 52. Notes of one dollar, two dollars, three dollars, The denom naof notes to five dollars, ten deollars. twenty dollars, fifty dollars, and one tons be i.eued and tr e hundred dollars each, and no note of any other denomination, amount ot each may be issued by any banking company deriving any of its denomination. powers or privileges from this act. 01 the notes issued by any such banking company, not more than ten per centum of the amount shall be in notes of one dollar each; not more than five per centum in notes of two dollars each; not more than ten per centum in notes of three dollars each; not more than twenty per centum shall be in notes of all denominations under five dollars; not more than fifty per centum in notes of all denominations under ten dollars. SEC. 53. No banking company, deriving any of its powers Nothing to be or privileges from this act, shall at any time issue, or have in Zr:nucri eTeev, circulation, any note, draft, bill of exchange, acceptance, cer- such notes as have been do. tificate of deposit, or other evidence of debt, which, from its or be to shall intended calculated appearance, character or circulate as money, other than such notes of circulation as are by this act described, and which such companies are expressly authorized to issue for the purpose of being circulated as money. SEC. 54. Each independent banking company shall receive Each company Attihie at par, at the office or banking house of such company, in :i°oteriofeeant: payment for debts due for notes of hand, bills of exchange, or er independent at other evidences of debt, discounted or purchased by, or be- epoairtipanies longing to, such company, the notes of circulation issued by any other independent (ranking company, authorized to issue such notes by thi3 act, which shall, at the time, redeem its notes in gold and silver coin; and every branch bank of the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 46 Each branch of State Bank of Ohio shall receive at par, at the office or bank- 7 State Rank to re- ing house of such company, in payment of debts due for notes ceive, ap t ar,the notes of other of hand, bills of exchange, or other evidences of debt disbranches. counted or purchased by, or belonging to, such branch bank, the notes of circulation issued by any other branch of the State Bank of Ohio. Each banking SEC. 55. Each banking company shall, at all times, have all on hand, in gold and silver coin, or their equivalent, one half "Pa"Y' tiines, shallathave on hand, in gold at least of which shall be in gold and silver coin in its vault, and silver, or an amount equal to at least thirty per centum of the amount of their equivalent, . at least 30 per its outstanding notes of circulation; and whenever the amount ct. of the amount of its outstanding notes of circulation shall exceed the above or its °meteor!. log notes, &c. named proportion, for the space of twelve days, or whenever • the said gold and silver coin, or their equivalent, shall at any time fall below the amount of twenty per centum of its circulation, no more of its notes shall be paid out, or otherwise put in circulation, by such banking company, nor shall such company increase its liabilities by making any new loans or discounts other than discounting or purchasing bills of exchange, payable at sight, nor make any dividend of its profits, until the required proportion between its outstanding notes of circulation and gold silver coin, or their equivalent on hand, shall be restored. Actual deposits with any solvent bank or banker ot established credit in the cities of New York, Boston, Philadelphia, or -, Baltimore, subject to be drawn against at sight, payable in gold and silver coin, shall be deemed equivalent to gold and silver coin, wherever these terms are used in this act. To what extent SEC. 56. No banking company deriving any of its powers banks may or privileges from this act, shall at any time be indebted, or in liable. any way liable, to an amount exceeding,if a branch of the State Bank of Ohio, two thirds, or, if an independent banking company, the whole amount of its capital stock at such time actually paid in, and remaining as capital stock, undimmisned by losses or otherwise, except on the following accounts, that is to say: First—On account of its notei of circulation; Second—On account of moneys deposited with,or collected by, such company; Third—On account of bills of exchange or drafts drawn against money actually in deposit to the credit of, or due to, such company; Fourth—Liabilities to its stockholders on account of money paid in, on capital stock and dividends thereon. Prohibitions up- SEC. 57. No banking company shall either directly or indion banking corn- rectly pledge, hypothecate, or exchange any of its notes of panles. circulation for the purpose of procuring money, to be paid in on its capital stock, or to be used in its ordinary banking opera. tions, or for the purpose of purchasing certificates of sta stock, to be deposited with the treasurer of state, or with board of control; nor shall any banking company apply, eti permit to be applied, hypothecated, or pledged any portion 4 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 47 4 its capital stock to the purchase of certificates of state stock, to be deposited with the treasurer of state as collateral security for the redemption of its notes of circulation. Loans to stockSEC. 58. No banking company shall, during the time it eh:elder,' shall continue its operations as a bank, withdraw, or permit to 6Litnti:: be withdrawn, either in form of dividends, loans to stockhold- —and dividends ers for a longer period of time than six months, or in any oth- a„1,:nr,„")n beihe er manner, any portion of its capital stock; and it' losses shall net rents,ae• at any time have been sustained by any banking company equal to or exceeding its undivided profits then on hand, no dividend shall be made, and no dividend shall -ever be made by any banking company while it shall continue its banking operations, to an amount greater than its net profits then on hand, deducting therefrom its losses, bad and suspended debts; and all debts due to a banking company, on which interest is past due and unpaid for a period of six months, unless the same shall be well secured, and shall be in process of collection, shall be considered bad or suspended debts within the meaning of this act. SEC. 59. The directors of each banking company shall, When dividends semiannually, on the first Monday in May and November, to be declared. declare a dividend of do much of the net profits of the company as they shall judge expedient; and, on each dividend day the cashier shall make, and verify by his oath, a full, clear, and accurate statement of the condition of the company, as it Statements to be shall be on that day, after declaring the dividend; and similar made twice, an• nuttily. contain statements shall also be made on the first Monday of February ing the follovt ing and August, in each year; which statement shall contain— particulars. stock capital actually paid in, and First—the amount of the then remaining, as the capital stock of the company; Second—The amount of the bills or notes of the company, then in circulation, specifying the amount of each denomination; Third—The greatest amount in circulation at any time, since the making of the last previous statement, as shall have been exhibited by the weekly statements of the cashier, specifying the times when the same occurred; Fourth—The amount of balances and debts of every kind due to the branches of the State Bank of Ohio, the amount due to other banking companies of the state, and the amount due to banks not of this state; Fifth—The amount due to depositors; Sixth—The total amount of debts and liabilities, of every description, and the greatest amount since the making of the last previous statement, specifying the time when the same occurred; Seventh—The total amount of dividends declared on the day of makinF the statement; Eighth—lhe amount of gold and silver coin and bullion, belonging to such company, and in possession, at the time of making the statement, designating the amount of each; https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 48 Ninth—The amount subject to be drawn at sight, in g and silver, then remaining on deposit with solvent specie pa ing banks, or bankers in the cities of New York, Philadelph' Boston and Baltimore; Tenth—The amount then on hand, of bills or notes, issued by branches of the State Bank of Ohio, the amount issued b other banking companies of this state, and the amount issu by banks not of this state; Eleventh—The amount of balances due from branches the State Bank of Ohio, the amount due from other banki companies of- this state, and the amount due from banks not this state, excluding, in the latter case, deposits in the cities New York, Philadelphia, Boston and Baltimore, subject . sight drafts, payable in specie; Twelfth—The amount on hand of bills, bonds, notes, and other evidences of debt, discounted or purchased by the co pany, specifying particularly the amount of suspended de the amount considered bad, the amount considered doubtf and the amount in suit or judgment; Thirteenth—The value of the real and personal property, held for the convenience of the company,specifying the atno of each; Fourteenth—The amount of real estate taken in pa of debts due the company; Fifteenth—The amount of the undivided profits of the c pany; Sixteenth—The total amount of the liabilities to the c pany by the directors thereof,collectively, specifying the gr amount of such liabilities as principal debtors, and the gr amount as indorsers or sureties; Seventeenth—The total amount of liabilities to the corn fly of the stockholders thereof, collectively, specifying gross amount of such liabilities as principal debtors, and gross amount as indorsers or sureties; which statement be forthwith transmitted to the auditor of state. Banking compaSEC. 60. Each banking company, organized under this Mee, on the days or accepting thereof, and complying with its provisions, sh designated for declaring dirt- semiannually, on the days designated in the fifty ninth sec dendp, to set olY for declaring dividends, set off to the state six per centum to thstate e sis per cent. on it. the profits, deducting therefrom the expenses and ascertai prow, Ake. losses of the company, for the six months next precedi which sum or amount, so set off, shall be in lieu of all taxes which such company,or the stockholders thereof, on ac of stock owned therein, would otherwise be subject; cashier shall, within ten days thereafter, inform the au& state of the amount so set off, and shall pay the same to treasurer of state, on the order of said auditor; but in corn the profits of the company, for the purposes aforesaid, terest received on the certificates of the funded debt of state, held by the company, or deposited with, and tran to the treasurer of state, or to the board of control by company, shall not be taken into the account. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 49 SEC. 61. Every banking company,deriving any of its pow- Every banking company may ers and privileges from this act, may take, reserve, receive and charge 6 per cent charge,on any loan or discount made, or upon any note or bill 0. discounts, notes, Ire.; but of exchange, or other evidence of debt, at the rate of six per any great.r rate centum per annum on the amount of any such note, bill of ex- of interest shall raupearorfelture change,or other evidence of debt, so discounted, and no more; of tits debt or deprovided, however, that interest may be reserved, or taken in mend,&e. advance, at the time of making the loan or discount, according to the usual rules of banking,or as calculated in Rowlett's tables; and the knowingly takicig, reserving or charging, on any debt or demand payable to such company,of a rate of interest greater than that allowed by this section,shall be he;d and adjudged a forfeiture of such debt or demand; but the purchase, discount or sale, of a bill olexchange payable at another place than the place of such purchase,discount or sale,at the current discount or premium, shall not be considered a taking, reserving or receiving interest; provided no agreement or understanding shall be made that the same shall be paid at any other place than that at which it is made payable. SEC. 62. The total liabilities of any person,or of any corn- Extent of 1141)11l. pany or firm (including, in the liabilities of a company or firm, the liabilities of the sveral members thereof) to any banking company, deriving any of its powers or privileges from this act, inclusive of liabilities as acceptor or acceptors of bona fide bills of exchange, payable out of this state, shall at no time exceed one half, exclusive of liabilities as acceptor or acceptors, one fifth, and exclusive of liabilities on such bills of exchange, one tenth part of the amount of the notes which such company is authorized to circulate, at the time of such liabilities. mobil'tee' SEC. 63. No banking company shall, at any time, pay out ;tanks arnoymn tlei r ti‘liautti on loans or discounts, or in purchasing of drafts or bills of exthe or notes change, or in payment of depositors; nor shall it, in any other par. mnaktps.ou ort an t hye ha notes of any the bank circulation, or banking " 0 fr mode, put in company, either in or out of this state, which notes shall not, less denomina• at that time, be receivable at par in payment of debts, and by con that, *5. the company so paying out or circulating such notes; nor shall it knowingly pay out or put in circulation,any notes issued by any bank or banking company which, at the time of such paying out or putting in circulation, is not redeeming its notes in gold and silver; nor any notes issued by any bank, out of this state, of a denomination less than five dollars. or SEC. 64. All notes, bills, and other evidences of debt, ex- No evidences re:iceeip,:ainn:, cepting bills of exchange,discounted by any banking company, shall be made by the terms thereof, or by special indorsement, assignable, but payable solely to such company; and no such evidence of debt shall be assignable, except for collection, or for the following purposes purposes: First: To pay and redeem the circulating notes of such company. Second: To pay other liabilities of the said company; and, after such liabilities shall have been discharged7-0. L. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis .50 Third: To divide among the shareholders on their stock. See. 65. All transfers of the notes, bonds, bills of exchange, and other evidences of debt owing to any banking company, or of deposits to its credit; all assignments or mortgages or other securities on real estate, or of judgments or decrees in its favor; all deposits of money, bullion, or other valuable thing for its use, or for the use of any of its stockholders or creditors; all payments of money to either, made after the commission of an act of insolvency or in contemplation thereof, with a view to prevent the application of its assets in the manner prescribed by this act,or with a view to the preference of one creditor to another,except in payment of its circulating notes, shall be held utterly null and void. If the directors, SEc.. 66. If the directors of any banking company which directly, or Ind" rectly, knowing. shall have availed itself of any of the privileges grante d by this ingly violate any act, shall knowingly violate, or knowingly permit any of the of the provisions of this act, such officers, agents or servants of such company to violate any of violation shall the provisions of this act, all the rights, privileges and francause a rte'c hises of said company, derived from this act, shall thereby be nre o privlieges. forfeited; such violation shall, however, be determined and adjudged by a court of competent jurisdiction, agreeably to the laws of this state and the practice of such court, before the corporation shall be declared dissolved; and in case of such violation every director who participated in, or assented to the same, shall be held liable in his personal and individual capacity for all damages which the company, its shareholders, or any other persons, body politic or corporate, shall have sustained in consequence of such violation. Officers of banks, SEC. 67. Every president, director, cashier for certain epecl• , teller, clerk or , agent of any banking company, who shall embezzle, abstrac fied offences, t, °be" be deemed or willfully misapply any of the moneys,funds, or credits of guilty or a mis. such company, or shall, without authority from the director demeanor, etc. issue or put in circulation, any of the notes of such company or shall, without such authority, issue or put forth any certi& cate of deposit, draw any order or bill of exchange, make any acceptance, assign any note, bond, draft, bill of exchang mortgage, judgment or decree, or shall make any false entry on any book, report or statement of the company with intent in either case to injure or defraud such company, or t injure or defraud any other company, body corporate or politic, or any individual person, or to deceive any officer or agent appointed to inspect the affairs of any banking company , in the state, shall be deemed guilty of a misdemeanor,and,upon ! conviction thereof, shall be confined in the penitentiary at t i hard labor, not less than five nor more than ten years. Other banks, opSEC. 68. The stockholders of the bank of Geauga—of the! on certain conditions, may be Western Reserve Bank—of the Columbiana Bank of New Lie. authorized to re- bon—of the Lafayette Bank of Cincinnati, and of the commence bankLife Insurance and Trust Company shall, in each case, be c Ing. sidered as having associated and formed a company for purpose of banking under the provisions of this act, with All transfers made after the commission of an art of ingot. vency, except In payment of its circulating notes, to be held null and void. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 51 4 amount of capital stock, by such name and at such place, within the county where such banking company is now located, as shall be determined on by a majority of the directors or trustees; and after making, acknowledging and filing with the county recorder a certificate setting forth the name, amount of capital, and the place of banking of such company, and transmitting to the board of commissioners a copy thereof, AS prescribed in the seventh section, and after said commissioners shall have examined the condition of such company, and found that as to the amount of its capital, its gold and silver coin, or their equivalent, on hand, the requirements of this act have been complied with, such company shall be authorized to recommence, and,during the time limited by this act, carry on the business of banking,subject to the limitations, restrictions and liabilities herein prescribed; and on depositing with the treasurer of state, (subject, in case such company shall elect to become a branch of the State Bank of Ohio, to the order of the board of control,) certificates of funded debt, or money, to an amount equal to the amount required of the new companies formed and brganized under the provisions of this act, as compared with the amount of their circulating notes, such company may immediately proceed to issue its notes of circulation to any amount within the limits in such cases prescribed by this act. But when the board of control or the treasurer of state, as the case may be, shall be prepared to furnish notes for circulation, the notes pieviously issued by such company shall not be reissued or in any way put in circulation by such company, but shall be transmitted to the treasurer of state, or the board of control, to be destroyed, as in the case of defaced or mutilated notes, and new notes received in lieu thereof; provided, however, that the capital set apart for banking purposes by the Ohio Life Insurance and Trust Company, and the capital of the Lafayette Bank of Cincinnati, may each extend to any suni not less than three hundred thousand dollars, nor exceeding one million dollars; but the circulating notes of neither of said companies shall at any time exceed six hundred and fifty thousand dollars. In determining the number, qualifications and liabilities of the directors or trustees of the two last named companies, they shall each be governed by their respective acts of incorporaion; and the Ohio Life Insurance and Trust Company shall in all things, except as to its banking operations, be governed by its original charter. Sm. 69. That the Bank of Wooster,at Wooster; the Bank The Bank of of Massillon, at Massillon; the Bank of Norwalk, at Norwalk; nr, the Bank of Circleville, at Circleville; the Clinton Bank of Co- rorporated hanks lumbus, at Columbus; the ,Bank of Xenia, at Xenia, and the: hi tdhe" ir ) ;, aor: Bank of Sandusky, at Sandusky, may, within one year from visions, and do• the passage of this act, and whenever two thirds of the direc- teidhet.tyl mteh tors, or the owners of a majority of the capital stock of any act, provided that such bank, shall elect to do so, become an incorporated bank they he governed https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 52 under the provisions and during the time limited by this act,,, and,as such, be entitled to use and enjoy all the privileges, and be subject to all the liabilities and restrictions of the same; provided that the banks named in this section may, as far as the liabilities of their directors incurred previous to their acceptance of the provisions of this act, and as to their qualifications, be governed by the provisions of their several original.. acts of incorporation until the expiration of their respective charters; provided, also, that the acceptance of the provisions, of this act, by the Ohio Life Insurance and Trust Company shall not be construed to take away, or abridge, the banking powers now enjoyed by said company, under its act of incorporation, after the franchises granted by this act shall have expired. The banking in. SEC,, 70. That before any banking instituti on named in the 'Motions named In the 69th sec. next preceding section shall be entitled to the provisio ns grant. lion, to be exam- ed by this act, the board of commissioners, or the board of tiled bere fo they control, as the case may be,shall appoint some suitable person can enjo y the privileges grant. to examine the assets, moneys, credits, effects and liabilities of ad by this att. such bank, and report the same to the commissioners, or board of control; and every such bank shall be considered as having a capital equal to the amount of its existing capital not exceeding the amount authorized by the act incorporating the same, deducting any amount of losses, bad debts, or debts not well secured, that may exist, greater in amount than the surplus property of said bank, undivided and on hand; provided that each of the banks named in the preceding section shall be allowed to fill up its capital stock by new subscriptions or otherwise, to the amount authorized by the law creating same; and provided further, that the bank of Xenia, and the the bank of Sandusky, shall be authorized to receive subscriptions to the capital stock of their respective institutions, to any amount not exceeding one hundred thousand dollars, in addition to the amount authorized by their respective acts of incorporation. The amount of SEC. 71. That before any banking institution, named in the Ztfierth 47,11.1 sixty ninth section of this act,shall be entitled to enjoy the to be deposited privileges in this act granted, it shall deposit, with the proper ibiyonsttien board, the amount of safety fund required by this act; and every 69th section, such banking institution shall, whenever seven or more institutions shall have been formed for that purpose,including those designated by name in this act, that may have accepted and complied with its provisions, become, and thereafter be considered, a branch of the State Bank of Ohio; and, as such, enjoy all the rights and privileges, and be subject to all the linbilities and restrictions provided for in the same; provid that any of the banks named in the sixty ninth section of this act, may, after examination and report, as provided in the next preceding section of this act, elect to become an independent bank, and upon compliance with the rules and regulations prescribed for the government of independent banks, as far as by the provisions of their original acts until thetaOration of their respective chartens. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 53 may be applicable, such banking company shall be entitled to all the privileges, and be subject to all the restrictions of this act. SEC. 72. That whenever any branch of the State Bank of Ohio shall desire to close the business of such branch, and consent of the withdraw the capital thereof, it may be lawful to do so with '")ard or control. the consent and under the direction of the board of control, but not otherwise. SEC. 73. The commissioners appointed by the fifth section comp....won or of this act shall each be entitled to receive two dollars for each commissioners. day actually employed, and the like sum for each fifty miles they shall travel in the performance of the duties enjoined on them by this act, which compensation shall he paid out of any moneys in the treasury not otherwise appropriated, on the order of the auditor of state, and the auditor shall assess an equal portion of the amount so paid, on each banking company that shall have availed itself of the privileges granted by this act; and each special agent appointed by said commissioners to examine and report the condition of any company, as provided in the tenth section,shall receive the same compensation as is allowed to a commissioner for his services, which shall be paid by the company whose condition he was appointed to a examine. SEC. 74. Whenever, by the terms of this act, it shall be Notice; oath ; required to publish a notice in a newspaper of any particular funded debt, &c. county,and there is no newspaper at such time printed in such place, a notice printed in a newspaper of general circulation in such county for the time required, shall be considered as sufficient notice; and whenever, to comply with the provisions of this act, an oath is required, an affirmation shall, in all such cases, be considered a sufficient compliance with the same; and whenever the term funded debt is used in this act, as applicable to the debts of this state, it shall be construed to mean all debts of this state due upon certificates of debt on state bonds, and drawing not less than five per centurn per annum interest. SEC. 75. The act entitled "an act to regulate banking in Arts repealed, and provisos. Ohio," passed March seventh, one thousand eight hundred and forty two, and an act entitled "an act to amend the act entitled 'an act to regulate banking in Ohio,'" passed February twenty one, one thousand eight hundred and forty three, are hereby repealed; provided,that the bank of Sandusky,the Lafayette bank of Cincinnati, the bank of Xenia, the bank of Wooster, and the bank of Norwalk, shall be subject to all the provisions of their respective original charters, and all amendatory acts relating to the same, respectively, not heretofore, or by this act repealed, until they respectively conform to and accept the provisions of this act; provided, further, that nothing contained in this act shall be so construed as to permit any of the banks of this state to issue notes of a less denomination https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 411, 54 than five dollars, except such banks as shall accept of and comply with the provisions of this act. JOHN M. GALLAGHER, Speaker of the House of Representatives. DAVID CHAMBERS, Speaker of the Senate. February 24, 1845. AN ACT In addition to the act entitled , .An art to provide for the appointment of Wrecnmasters and define their duties." passed February 13, 139. Stranded property. Persons net lect• lea to give notice. Now punished. Concealment of stolen goods. Bow punished. Suc. I. Be it enacted by the General Assembly of the State of Ohio, That when any person shall discover any shipwrecked property in the waters, lakes, bays, inlets, rivers, creeks, or harbors of this state, or on or near the shores of the same, he shall forthwith give information thereof to the commissioner of wrecks as required in the ninth section of the act to which this is an amendment, and the same proceedings shall be. had therewith as is required by said section in case of stranded goods or other property; and should any person discovering said shipwrecked property conceal or convert the same to his own use,or fail to give information to the commissioner within four days as directed above, he shall be subject to be dealt with,and to the same penalties and damages prescribed in said section for similar delinquencies in case of stranded goods or other property. SEC. 2. If any person shall steal or embezzle any shipwrecked property or conceal the same, knowing it to have been stolen or embezzled, he shall be subject to the same suits, penalties, damnges, liabilities and prosections provided in the tenth section of the aforesaid act in case of the stealing, embezzlement or concealing of stranded goods or other property. JOHN M. GALLAGHER, Speaker of the House of Representatives. DAVID CHAMBERS, Speaker of the Senate. February 28, 1845. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis To. of the 4 ber vou file( pap ent: nov of t malt • nt ,r to r whe due the : ; here fully imnq: ag uni j of th • state ate unfit' the the stwahay said. busi shall and boar S pose they estly I shall ized, the hold lace I Proad I to p Talen from "Ohio btate Laws" - - Revised btatutes of Ohio (1853) - Curwen. Ch. 402. An Act to regulate banking in Ohio. Passed iliarch 7, 1842. Sec. 21. Safety fund to be created. There shall be created from the capital Aock of such banks as may be incorporated under this act, a safety fund, for tile purpose of promptly redeeming the circulation of any such bank as may become insolvent, which fund shall be paid into the state treasury and inve:- +-c' for the purpose aforesaid, in such manner as shall be prescribed by law. Repealed February 24, 1845. Ch. 558. An Act to incorporate the btate bank of Ohio and other Banking Companies. Passed February 24, 1845 In lorce • Sec. 1. Who may engage in banking. Sec. 2. Maximum of capital stock. Sec. 3. The State divided into twelve districts. Sec. 4. Number of banKing companies limited in counties designated. Sec. 5. Board of bank commissioners. (Modified) Sec. 6. Governor to appoint first meeting; President of Board Sec. 7. Bankers to make certificate. Sec. 8. Capital stock of independent bank; branch of State Bank. Sec. 9. Upon failure, on the part of assignees or shareholders, the directors may sell their stock. Sec. 10. Board of bank commissioners may examine the certificrtes of banking companies. Sec. 11. 1-)uty of commissioners. bee. 12. Companies may increase their capital stock. IN RELATION TO HE STATE BAN:, OF OHIO 0 Sec. 13. Appointment of members of the board of control. Whenever, from an inspection of the certificates transmitted by banking companies to the board of bank commissioners, it shall appear that any number of said companies, lot less than seven, inclusive of such existing companies as are, by this act, especially authorized to resume or continue banking operations under its provisions, have made their election to transact their banking operations, as branches of the State bank of Ohio, and have complied with the requirements of this act, preliminary https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Ir A - 2- to the commencement of banking operations, then said commissioner shall immediet* notify each of said companies thereof; and within ten days after receiving such notice, they shall each appoint, in such manner as the directors thereof shall prescribe, one person to be a member of the board of control of the State Bank of Ohio; and any two or more of such banking companies may unite in the appointment of the same person. But no person, who is not a citizen of the United States, and a resident of this State, and who has not resided within this State at least two years next previous to his appointment, shall be a member of the board of control. Sec. 14• Meeting of the board of control; powers of board. Sec. 15. Compensation of members of the board of control; printing notes. Sec. 16. Board of control a body corporate until the 1st day of lay, 186E- Sec. 17. Term of office of members of the board of control; vacancies; president of board. Sec. 18. Notes payable in gold and silver coin. Sec. 19. Ratio of notes in circulation. expense of bec. 20. liotes delivered on president's order; defaced or mutilated notes. Sec. 21. Every branch required to pay ten _per cent, on the amount of notes given for circulation. Before the board of control shall deliver to any branch, notes for circulation, they shall require such branch to pay over or deposit to the credit of said board, as said board shall order, either in money or in certificates of the stocks of this State, or of the United States, at their current value in the city of New 'York, but in no instnnce above their par value, an amount equal to ten per centum on the amount of the notes for circulation, which shall be delivere''. to such branch. And so from time to time, as any branch may, by the paying in of an additional amount on its capital stock, or by not having received the amount of notes for circulation to which it was previously entitled, be authorized to demand an additional amount of notes for circulation, such branch shall deposit with the board of control ten per centum on the amount of notes so required, and the stocks and money so deposited shall be denomincted the "Safety Fund," and shall be invested as hereinafter prescribed, end held by the board of control, as the property of said board, in trust for the benefit of the several branches of the State Bank of Ohio, and as a fund for the redemption of the *notes of circulation of any one or more of .redd bfanches that may fail to redeem its notes, to be applied to that purpose in the manner pointed out by this act. Sec. 22. investment of the safety fund; interest on its stocks or bonds. All money so deposited or paid to the board of control on account of the safety fund, by any branch, shall be under the direction of said board, invested by such branch, either in the stocks of the tate, or of the United States, or in bonds secured by mortgages on unincumbered real estate situated in the country where such branch islocated, or in adjoining counties, of at least twice the value in each case of the amount secured thereby, exclusive of building or other fixtures subject to be destroyed by fire, by floods or accidental occurrences, or of timber, mines or minerals, subject to waste; which bond shall be made payable on demand to the State hank of Ohio, and shall bear such rate of interest as shall be agreed on by https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 3 S the parties, not exceeding seven per centum per annum, payable semi-annually. Each branch shall be entitled to receive the interest accruing on the stocks or bonds in which its portion of the safety fund shall have been invested; and in case of the insolvency of any branch, the stocks and bonds in which the money af such branch shall have been invested as aforesaid, if the proceeds of such stock and bonds shall be sufficient to redeem its outstanding notes of circulation, shall as far as practicable, be first converted into money, and applied to that purpose, before any part of the safety fund belonging to other branches shall be so applied. Sec. 23. To what amount stockholders and directors may be liable, either as debtors or sureties. The stockholders, collectively, of any branch shall at no time, be liable to such branch, either as orincipaldebtors, or sureties, or both, to an amount exceeding one-third part of the capital stock of such branch then actually paid in and remaining as capital stock. Nor shall the directors, collectively, be so liable to an amount exceeding one-fourth part of the stock actually paid in, standing in their names, and of which they are collectively the bona fide owners in their own right; Provided that such directors may be further permitted to become liable, as drawers or indorsers of bona fide foreign bills of exchange, drawn in this &tate, and payable at any place out of the State, to an amount, when added to their other liabilities, not exceeding one-third of the ital stock actually paid in, and standing in thc names of such directors; and the stockholders may become liable, in like manner, in such sum as, when added to their other liabilities, will not exceed one-half of the capital stock of any such branch actually paid in. • Sec. 24. If any branch refnzes to redeem it notes, it shall be deemed insolvent. If any branch of the &tete 'tank of Ohio shall refuse to pay its notes of circulation,(1) or any of them, in gold or silver coin, the lawful currency of the United States, on which payment shall be lawfully demanded at its banking house, or customary place of doing banking business, during usual banking hours, such branch shall be deemed to have committed an act of insolvency, rnd thereupon all its propbrty, credits, securities, liens and assets of every description, shall *forthwith vest in, and be the property, credits, securities, liens and assets, of the board of control, for the uses and purposes declared in this act. Ill Sec. 25. Board of control, upon insolvency of any branch, appoint a committee of examination. The board of control, on receiving information that any branch of the State Bank of Ohio has committed an act of insolvency, shall forthwith appoint a committe of one or more of its members, who shall make immediate inquiry into the truth of such information, and report thereon to the board; and if the board shall be satisfied, from he report of the comAttee, that such branch has suspended the payment of its notes in gold and silver, they shall forthwith appoint a suitable receiver or receivers, who shall take Limediate possession of the books,(2) records, money, choses in action, and property of said branch of every description, and hold the same for the joint use and benefit of the other branches of the State Bank of Ohio, and the creditors of said failing branch; and said board of control shall immediately provide money, and place the same in such solvent branch or branches, as may be most convenient for the purpose of redeeming the notes of such failing branch, and shall give public notice thereof in some newspaper, printed in the place where such failing branch is located, and also in some newspaper of general circulation published at Columbus. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -4 S Sec. 26. Each branch to contribute to redeem the notes of a failing branch. Each solvent branch shall contriubte, in the ratio of the circulation to which it is entitled, to the sum necessary for redeeming the notes of the failing branch, as provided in the preceding section, on the requisition of the board of control, and may be remunerated for such contribution, from the safety fund, as soon as money sufficient can be raised from that fund, by a sale or hypothecation of the stock, funds, or other securities belonging thereto. Sec. 27. Receivers to give bond. The receiver or receivers, appointed as provided in the twenty-fifth section, shall be required to give bond in such sum, and with such securities., as the board of control shall judge sufficient; and under the direction of the said board, shall proceed to settle up its affairs, and convert its assets into money; the money so made shall be applied-First: To reimburse all moneys which shall have been advanced by the several branches for the redemption of the notes and bills of the insolvent branch, and which may not have been previously reimbursed from the safety fund. Second; To reimburse all moneys advanced from the safety fund, other than moneys derived from that portion of the safety fund furnished by the failing branch. Third: To the payment and discharge of all the remaining liabilities of such branch; and-Fourth: The residue shall be among the stockholders of the by them reapectively held. •failing branch, in proportion to the stockdivided Sec. 28. If any branch denies the insolvency, it may apply for injunction. If any branch, against which the board of control shall have instituted proceedings, on account of any supposed aact of insolvency, as prescribed by the twenty-fifth section of this act, shall deny having committed such act of insolvency such company may apply to any court of competent jurisdiction for a writ of injunction to said board of control to suspend all further proceedings against such bre-inch, as an insolvent comaeny;and such court, after citing said board of control to appear and show cause why such writ should not be granted, and after the finding of a jury that such branch has, at all times continued, and still continues to redeem, in gold and silver coin, its notes of circulation, shall make an order, injoining the board of control, from all further proceedings against such branch on account of the supposed act of insolvency, on which such proceedings were instituted, and thereupon all the property and assets of such branch shall be restored to its directors. Sec. 29. Board of control may be compelled to comply with the orovisiouo of preceding sections. If the boaa-d of control shall, in any case, fail to proceeC, in the manner prescribed in the foregoing sections of this act, and providing for the payment of the outstanding notes of circula-tion, and in closing the affairs of any branch that shall have cohimitted .an act of insolvency, the holder of any of its notes of circulation, or other creditor of such branch may, in case payment of such notes of circulation or other claim, has been refused when lawfully demanded, and remains unpaid, apply to any court of competent jurisdiction, for its writ, comaanding the board of control so to proceed; and it shall be the duty of such court, after citing such board to appear and show cause why such writ should not issue, and upon the finding of a jury that such act of insolvency has been committed, to issue their https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 5 4 writ, commanding said board of control forthwith to proceed, in the manner 'pointed out in the preceding sections of this act, to provide for the payment of the outstanding notes of such branch, close up its affairs, and make applicatioa of its assets. IN RELATION TO INDEPENDENT BANKING COMPANIES Sec. 30. Independent banking companies to deposit certificates of funded debt of this State, or of the United States, to amount of their capital stock. Each company that shall have elected to carry on its business as an independent banking company, and shall have complied with the requirements of this act, prelimimmy to the commencement of banking business, Shall, before it shall commence such business and before it shall be held to have acquired corporate powers, deposit with and transfer to the Treasurer of State certificates of the funded debt of this State, or of the United States, at least equal in amount to the amount of its capital stock, at such time paid in;and, from time to time, as an additional installment, or portion of its capital stock, shall be paid in, additional certificates of the funded debts above specified, at least equal in amount to the amount of such additional payments of capital 3tock, shall, within thirty days after such payment, be deposited with and transferred to the Treasurer of State, but no such certificate of fueled debt shall be received *by said treasurer at a rate or price above the average selling price of such certificates at the New York stock exchange, for the four weeks next preceding the time of the receipt thereof by the treasurer, nor shall any certificate of the funded debt of this State be received at any rate above its par value, exclusive of the unpaid interest that may have accrued thereon; and if such company shall fail to make deposits and transfers of stock, as in this section required, all its franchises and powers derived from this act, except such as may be necessary to settle up its affairs, shall immediately cease and determine. • Sec. 31. Treasurer of State to delver to independent banking companies their notes for circulation. The Treasurer of State shall deliver, from tile to time as he may be prepared so to do, to any independent banking company that may have entitled itself thereto, on the written order of the president and a majority of its directors, notes for circulation to any amount not exceeding the value of the certificates of funded debt deposited with, and transferred to him by such ection; but at no time shall the total company, as prescribed by the preceding , amount of such notes, delivered to any such company, exceed three times the amount at such tine actually paid in on its capital stock, and remaining as capital stock, undiminished by losses or otherwise. Sec. 32. lating notes. Treasurer of btate to cause to be engraved and printed circu- Sec. 33. Plates, dies, and materials for printing and making circulating notes, to be in care of treasurer. 4" Sec. 34. When a company any issue notes. After any such independent banking company shall have caused to be executed and signed, by the president and cashier thereof, the circulating notes received from the Treasurer of State, in such manner as May be requisite to make them obligatory notes, payable on demand, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -6 411 at its place of business, such company is hereby authorized to issue and circulate the same as money. Sec. 35. DAutilated notes to be destroyed. Sec. 36. The interest or dividend upon stock deposited and pledged. The treasurer of State shall give to any company, by whom any stock shall have been deposited, according to the provisions of the thirtieth section of this act, powers of attorney to receive the interestor dividends thereon, which interest or dividend such company may receive and apply to its own use; but such pc4ers of attorney shall become void upon any such company failing to redeem the circulating notes issued by such company; Provided, however, that whenever the price of any of the stocks pledged for the security or redemption of the circulating notes issued by any such company, as aforesaid, shall be at the stock exchange, is the city of New York, for four consecutive weeks, at a price or rate less than the value of which such stock shall have been estimated, when so deposited and pledged, the treasurer shall receive and retain the interest or dividend on such depreciated stock, so pledged, until the interest so received, when added to the market value of stocks so pledged, to be ascertained as in this section before pro— vided, will be equal in amount to the amount for which such stocks were pledged, and he shall deposit the amount so received with any solvent banking company in this State, at such rate of interest as shall be agreed upon, or, at the option of the company by which such stocks were deposited, invest such interest or dividends in any of the stocks by this act authorized to be pledged, in the name of the Treasurer of State, in trust for the banking company by whom the stocks, on which such interest or dividends may have accrued, shall have been pledged, and whenever the price of such depreciated stocks, at the New York stock exchange, shall rise to the price at which they were pledged by the company, and so remain for four *consecutive weeks, such investment shall be assigned to such company, and all accruing interest on such pledged stock shall thereafter be paid to such company. • Sec. 37. Stocks given as security held exclusively by the treasurer. The , stocks transferred to the Treasurer of State, by an independent banking company, for the security of its circulating notes, shall be held by him exclusively for that purpose, until such notes shall be redeemed, except as hereinafter provided. Sec. 38. When any independent banking company fails to redeem its notes. If any such independent banking company shall fail to redeem, in gold or silver coin, any of its circulating notes, issued in pursuance of the provisions of this act, when payment thereof shall be lawfully demanded, during the usual hours of business, at the office of such company, the holder of such note or notes may cause one or more thereof to be protested by a notary public, who shbll, on protestinF.the same, forthwith forward notice of such protest to the Treasurer of State, and after such protest suffered, it shall not be lawful for the comonay thus suffering protest, to pay out any of its notes, discount any notes or bills, or otherwise engage in the business of banking, except to receive and safely keep moneys belonging to it, and to deliver special deposits; Provided, however, that if satisfactory proof be produced to such notary public that the payment of any such note or notes is restrained or delayed by order of any court of competent jurisdiction, such notary public shall not protest the same; where the hrdder of such notes shall cause more than one to be protested on the same day, he shall not receive pay for more than one such protest. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - 7 -- S Sec. 59. When any indeRtpdent banking company fails to _pay or redeem, the Treasurer of State may sell stocks 21edgadi_proceeds of sale distributed. In case any such independent banking company shall fail to pay, and redeem its circulating notes on demand, in gold or silver coin, as specified in the next preceding section of this act, the Treasurer of State shall, within thirty days after he shall have received notice of such failure, cause the stocks pledged by such company, or so much thereof as may be necessary to redeem the outstanding circulating notes of such comoany, to be sold either at the stock exchange in the city of New York, after giving notice of such sale to such company, and also advertising the time and place cf sale, with a pertinent description of the stocks to be offered for sale, in two or more newspapers published in the city of New York, for not less than ten consecutive days before the day of sale, or at the State Treasury in the city of Columbus, giving notice to said company, and also advertising, in one or more newspapers published in the city of Columbus, and one or more newspapers in general circulation in the county where the office of such failing company is situated; which advertisements shall contain tiasame particulars as are required herein, where sales are to be made in the city of New York; and out of the proceeds of such sale the treasurer shall pay, in a ratable proportion, the circulating notes of such company, of which due notice shall be given, calling upon the holders of such notes to present them for such payment, at the State treasury; Provided, that if any *of the circulating notes of such failing company shall not be presented, for redemption, at the State treasury, until after the term of two years from the date of the first publication of the notice to the holders of such notes, to present the same at the State treasury, the treasurer may pay, ratably, to the holders of the notes previously presented, if such notes shall not have been previously paid in full, whatever of the proceeds of such sale, remaining in his hands, may be needed to fully discharge such notes so presented. • Sec. 40. Treasurer may hypothecate or sell deyosited stocks at private sale. The Treasurer of State may, if he shall deem that the interest of the noteholders of any insolvent banking company will be best promoted thereby, with the advice of the Auditor and Secretary of State, hypothecate, or sell at private sale, any of the stocks transferred to, and deposited with him, by such company, to any other independent banking company, or to any individual person or firm, and receive therefor, either money, or the circulating notes of such failing company; Provided, that no such stock shell he sold, by private sale, at less than the par value thereof, nor at less than its selling price, at the New York stock exchange, at the date of the last received information, nor shall any such stock be sold on credit. Sec. 41. Appointment of special agent after the insolvency of an independent banking company; proceeds of an insolvent bank disposed of; proceedings injoined and the fact of insolvency tried. On receiving notice that any such independent banking company shall have committed an act of insolvency, as hereinbefore defined, the Treasurer of State, the Secretary of State, and the Auditor of State, or a majority of them, shall appoint a special agent who shall immediately proceed to ascertain# whether such company has refused to pay its notes in gold and silver coin, when lawfully demanded, and report to the said treasurer, secretary and auditor, the facts so ascertained; and if, from the report so made, said treasurer, secretary end auditor, or a majority of them, shall be satisfied that such company has suspended the payment of its circulating notes, when lawfully de:aended: in gold and silver coin, they shall forthwith appoint a • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -8 410 receiver or receivers, and require of him or them such bond and security as they shall deem proper, who shall proceed to take possession of the books, records assets, of every description, of such company; collect all debts, dues and oth claims, belonging to such company; settle, and, with the approbation of an rant. to be appointed by the stockholders for the protection of their interests, ( pound for all bad and doubtful debts; sell all the real and personal property Jr said company and to pay over all moneys so made, to the Treasurer of State; and the Treasurer of State shallause notice to be given, by advertisement, in one or more newspapers published in the city of Columbus, and also in one or more newspapers, in general circulation, in the county where the office of such insolvent company shall be situated, for six consecutive months, calling on all persona who may have claims against such company, to make legal proof thereof; and, after the end of one year from the first publication of such notice, the treasurer, after full provision shall have been made for redeeming the *circulating notes of such company, shall make a ratable dividend of the moneys so paid over to him by such receiver or receivers, inclusive of moneys received by him on sales of stock transferred to, and deposited with him by such company, on all such claims as may have been so proved; and from time to time, as the proceeds of the assets of said company shall be paid over to him, the said treasurer shall make further dividends, as aforesaid, on all claims previously proved; and the remainder, if anything, shall be paid over to the stockholders of the company, or their legal representatives, in proportion to the stock by them severally held; Provided, however, that if any independent banking company, against which proceedings have been instituted, as prescribed in this section, on account of any supposed act of insolvency, shall deny having commited such act, such company may apply to any court of competent jurisdiction to injoin further proceedings in the premises; and such court, after citing the Treasurer, Secretary and Auditor of State, to show cause why further proceedings should not be injoined, and after the finding of a jury, that such company has not suspended the payment of its notes, when legally presented, in gold and silver coin, shall make an order, injoining said Treasurer, Auditor and oecretary of State, and any zceiver or receivers appointed by them, from all further proceedings on account of such supposed act of insolvency. Sec. 42. No dividends to be made on shares while any aebts or demands remain unsatisfied. Sec. 43. Fees for protesting paid. Sec. 44. O To what amount stockholders may be liable; visitation of banks. Sec. 45. Certificates of funded debt may be re-transferred to independent banking companles. Whenever any independent banking company, being desirous of diminishing the amount of its circulating notes, shall deliver to the Treasurer of State any portion of such notes, not less in amount at any one time than five thousand dollars, to be destroyed, the treasurer shall destroy the same, as prescribed in section thirty-five, and shall, thereupon, re-transfer and deliver to such company certificates of funded debt deposited with him by such company to an amount equal to the amount of notes so delivered up; Provided that the amount of such certificstes remaining with the treasurer shall not, thereby, be reduced below the amount of the capital stock of such company at that time paid in, nor in any case below the sum of fifty thousand dollars, nor in value, estimating the same at their then current price in the city of New York, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -9 411 below the amount of the circulating notes still retained by such company; nor shall the treasurer be required to re-transfer such certificates in fractional sums of less than one thousand dollars; and whenever any auch company, being desirous of relinquishing its banking business, shell have paid at least ninetyper centum of the maximum amount of its circulating notes, and shall have delivered the same to the Treasurer of State, to be destroyed, and shall have provided means and given security, to the satisfaction of the Treasurer, Secretary, and Auditor of btate, for the redemption of its outstanding notes of circulation, at the place where the office of such company was established, and shall have given notice thereof by advertisement, for six consecutive months, in two newspapers of general circulation, published in Columbus, and ' at least one published in the city, town, or village where the office of such company is located, it* shall be lawful for the Treasurer of State to retransfer and deliver to such company, all the certificates of funded debt, previously pledged with him by such company, and, thereupon, all the corporate powers of such company, except such as shall be necessary to close up its affairs, shall cease. GENERAL PROVISIONS Sec. 46. Amount of shares. bee. 47. No bank shall receive as security, a lien upon any part of its capital stock, nor make any purchase of stock. • Sec. 48. Stockholders entitled to one vote for each :hare. Sec. 49. The number and qualifications of directors. Sec. 50. Term of directors; vacancies. Sec. 51. Banking companies body corporate until the 1st of May 1866; their powers and privileges. Sec. 52. Denominations of notes; amount of each denomination. Sec. 53. Nothing to be circulated as money, except such notes. No banking company, deriving any of its powers or privileges from this act, shall at any time issue, or have in circulation, any notes, draft, bill of exchange, acceptance, certificate of deposit, or other evidence of debt, which from its character or appearnance, shall be calculated or intended to circulate as money, other than such notes of circulation as are by this act described, and which such companies are expressly authorized to issue for the purpose of being circulated as money. Sec. 54. Each company to redeem the notes of all other independent companies at Dar. Each independent banking company shall receive at par, at the office or banking house of such company, in payment for debts due for notes of hand, bills of exchange, or other evidences of debt, discounted or purchased by, or belonging to such company, the notes of circulation issued by any other independent banking company, authorized to issue such notes by this act, which shall, at the time, redeem its notes in gold and silver coin; and every branch bank of the State* Bank of Ohio shall receive at par, at the office or banking house of such company, in payment of debts due for notes of hand, bills of exchange, or other evidences of debt discounted or purchased by, or belonging to, such branch bank, the notes of circulation issed by any other branch of the State Bank of Ohio. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -10- • Sec. 55. Proportion of Specie to notes. Each banking company shall, at all times, have on hand, in gold ano silver coin, or their equivnlent, one half at least of which shall be in gold and silver coin in its vault, an amount equal to at least thirty per centum of the amount of its outstanding notes of circulation; and whenever the amount of its outstanding notes of circulation shall exceed the above-named proportion, (1)* for the space of twelve days, or whenever the said gold and silver coin, or their equivalent, shall at any lime fall below tii amount of twenty per centum of its circulation, no more of its notes shall be paid out, or otherwise put in circulation, by such banking company, nor shall such company increase its liabilities by making any new loans or discounts other than discounting or purchasing bills of exchange, payable at sight, nor make any dividend of its profits, until the required proportion between its outstanding notes of circulation and gold (and) silver coin, or their equivalent on hand, shall be restored. Actual deposits with any solvent bank or banker of established credit in the cities of New York, Boston, Philadelphia, or Baltimore, subject to be drawn against at sight, payable in gold and silver coin, shall be deemed equivalent to gold and silver coin, wherever these terms are used in this act. tent banks may be liable. Sec. 56. To what Sec. 57. Prohibitions upon banking companies. Sec. 58. Loans to stockholders not to exceed six months, and dividenoL made upon the net profits. • Sec. 59. annually. When dividends to be declared; statements to be made twice Sec. 60. profits. Banking companies to set off to the State six per cent. on its *Sec. 61. Jay discount at six per cent. Sec. 62. Amount of debt to banks. Sec. 63. Not to pay out depreciated notes. Sec. 64. No evidences of debt, excepting bills of exchange, nssignable, for collection, or for the following purposes: but Sec. 65. All transfers made after the commission of an act of insolvene7. except in payment of its circulating notes, null and void. Sec. 66. Directors knowingly violate any of the provisions of this act, charter forfeited. • Sec. 67. Officers embezzling funds; making false entries. Sec. 68. Other banks authorized to recommence banking. Sec. 69. (no heading) Sec. 70. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Banking institutions named in the 69th section to be examined. -11- • Sec. 71. 4pount of safety fund tg be depuited, That before any banking institution named in the sixty-ninth section of this act, shall be entitled to enjoy the privileges in this act granted, it shall deposit, with the proper board, the amount of safety find required by this act; and shall have been formed for that purpose, including those designated by name in this act, that may have cepted and complied with its provisions, become, and thereafter be considered, a branch of the State Bank of Ohio; and, as such, enjoy all the rights and privileges v end be subject to all the liabilities and restrictions provided for in the same; ijrovided that any of the banks named in the sixty-ninth section of this act, may, after examination and report, as provided in the next preceding section of this act, elect to become an independent bank, and upon compliance with the rules and regulations prescribed for the government of independent banks, as far as *may be applicable, such banking company shall be entitled to all the privileges, and be subject to all the restrictions of this act. • Sec. 72. Any branch may close business. Sec. 73. Compensation of Commissioners. Sec. 74. Notice; oath, funded debt. Sec. 75. Acts repealed, and provisoes. NOTES: Sec. 21. * 43 Laws, 34, - 1844. Sec. 24. (1) For mode of enforcing the reduction of liabilities of banks, see chapter 862. Sec. 25. (2) After the allowance of an injunction against a bank, as provided for in chapter 862, the property of the bank vests in the board of control, who shall appoint a receiver. Sec. 28 *43 Laws, 36, - 1844. Sec. 30. *43 Laws, 37. Sec. 36. *43, Laws, 39. Sec. 41. # The case of Commonweblth v. Farmers' and gdechanics1 Bank, 21 Pickering's R. 542, might be consulted for analogies. Sec. 41. *43 Laws, 41, - 42. Sec. 54. *43 Laws, 46. ec. 55. (1)* Amended, see chapter 1023 sec 6. • Sec. 71. *43, L-ws, 52. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - 1- From Swan's hevised Statutes of Ohio of a General Nature in Force August 1, 186u Vol. 1 Law of 1845 is printed in full as being still in force. supplementary acts, among which is the following: There are several STOOKS, ETC., DEPOSITED BY BANKS CErwen's h. S., 1098, 1609; Curwen's Laws, 857, 928. An Act to provide more effectually for the safe kcn of the securities deposited by banks, and for the redemption of their notes (Passed and took effect April 5, 1859. 56 vol. Stat. 162.) Certificates of funded debts-their deposit with state treasurer, transfer, etc. (149.) Sec. I. Be it enacted by the General Assembly of the State of Ohio, That the certificates of the funded debt: Of this state and of the United States, required to be deposited with and transferred to the treasurer of state as security for the redemption of the circulating notes of independent banking companies, agreeably to the provisions of the act to incorporate the state bank of Ohio and other banking companies, passed February 24, 1845; and the certificates of the funded debt of this state, of the United States, and of other states, required to be trasnferrer3 to the auditor of state as security for the redemption of the circulating notes of banking companies, agreeably to the provisions of the act to authorize free banking, passed March 21, 1851, and of the act supplementary to the last mentioned act, passed April 11, 1856, shall hereafter be deposited with the treasurer of state, and be carefully preserved by him in the state treasury; and all of such certificates shall have heretofore been transferred to the auditor of s. shall be by him deposited with the treasurer of state, and L carefully preserved by him in the state treasury. All such certificates, so deposited, as shall be transferrable at any agency or office of this state, of the United States, or of any other state, shall be transferred and made payable to "the treasurer of the state of Ohio, and the comptroller of the treasury of the state of Ohio, for the use of" (naming the particular banking company owning or depositing the same); and such certificates so deposited, and that have heretofore been deposited, shall be subject to sale and transfer upon the written authority of the treasurer of state, the comptroller of the treasury, and of the president or cashier of the particular banking company owning or deoositing the same, and not otherwise, except as hereinafter provided; and all of such certificates so deposited, as shall be payabk to any person or persons, corporation or banking company, or order, or assigns, or bearer, or as shall be transferable by delivery, shall, by special indorsement thereon, be assigned to the treasurer and comptroller for the use of the banking company owning or depositing the same, in manner aforesaid; and such certificates as shall be so assigned and deposited, such as have heretofore been deposited, shall be transfble • • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - 2- S by indorsement of the treasurer and comptroller, by special indorsement, to the banking company owning or depositing the same, or to such person or persons, company or corporation, as the president or cashier of the proper banking company shall authorize in writing, and not otherwise, except as hereinafter provided; but no such transfer or assignment shall be made, unless the banking company owning or depositing such certificates, shall be entitled thereto, agreeably to the provisisions of the act under which the banking company shall have been organized. (150.) Sec. II. It shall he the duty of the treasurer of state, and of the comptroller of the treasury, forthwith to make, and thereafter t keep in their respective departments, accurate accounts of all certificates of debt so deposited as aforesaid, end of all certificates hereafter deposited as security for the redemption of circulating notes of banking companies; and the treasurer shall forthwith inform the register of the bank department of the certificates that have heretofore been, and that --And by reg- may hereafter be deposited; and it shall be the duty of the register ister of bank to keep accurate accounts thereof; and such accounts, as also all other accounts pertaining to banking companies, shall, at all reasonable department. times, be open to the inspection and examination of any officer or agent Accounts open of any of said banking companies; of the governor, auditor of state, treasurer, comptroller, and attorney general, or either of them, or any to commissioner appointed by the governor for that purpose, and of any inspection. committee of the general assembly, or either branch thereof, thereunto authorized by resolution. Accounts thereof to be kept by treasurer and comptroller. • Engraving plates and printing aotes -duties of comptroller and treasurer. Registered notes -delivery thereof to banks, etc. • (151.) Sec. III. Whenever any banking company shall desire to have any plate or plates for circulating notes engraved, or any blank circulating notes printed, and shall notify the comptroller thereof in writing, the comptroller shall issue an order to the treasurer of state to cause the same to be engraved or printed, specifying particularly in the order the denomination or denominations of the plate or plates to be engraved; or the several denominations of the blank notes to be printed, with the amount of each denomination; and the treasurer of state shall strict15, observe such order in causing such engraving and printing to be done; and upon the delivery to the treasurer of any blank printed circulating notes, the treasurer shall notify the comptroller and registere thereof, and they, in the presence of the treasurer, shall carefully examine the same, and make an account thereof in their respective departments. (152.) Sec. IV. When a banking company shall be entitled to receive any registered notes, the comptroller of the treasury shall, on the written appliction of the proper officers of the bank, issue en order on the treasurer of state therefor, and deliver the same to the register, specifying in such order the amount of each denomination of unregistered notes, to be delivered to the register; and on the presentation of such order, and ascertaining from the accounts in his office that the banking company is entitled to the same, the treasurer of state shall deliver the notes specified in such order to the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 3 register, who shall forthwith register and deliver the same to the agent of the banking company, and make an account thereof; but such notes shall not be registered or delivered unless it shall appear from the accounts in the register's office that the bank is entitled thereto. Burning of returned circulating notes (153.) Sec. V. Whenever a banking coapany shall return any of its circulating notes to be burnt, the same shall be burned to ashes by the treasurer of state, in the presence of the comptroller of the treasury and the agent of the bank, and four certificates thereof be made and signed by the treasurer, comptroller and agent of the bank, specifying the amount of each denomination of notes so burned to ashes; one copy of which certificate shall be delivered to the agent of the bank, and one each to the treasurer, comptroller and register. The register--his accounts of stock and circulating notes delivered to banks and returned to be burnt. (154.) Sec. VI. The auditor of state shall appoint some suitable person as a clerk in his office, who shall be styled the register, and be under the supervision and control of the auditor. The register shall, without delay, make and keep in his office accurate accounts of all certificates of debt now deposited, and that may hereafter be deposited with the treasurer as security for the redemption of circulating notes of banking companies; he shall also make and keep an account of the amount of each denomination of the notes of each banking company, delivered to such bank, and of the amount returned and burned, so as to.show the balance of notes chargeable to such bank; and he shall also keep accurate accounts of all notes hereafter registered and delivered to each bank, and notes returned to be burnt, so as at all times to exhibit the true amount of each denomination of registered notes delivered to each banking company, and the amount thereof returned. The sale of stock to redeem notes of failing bank. (155.) Sec. VII. Whenever it shall be necessary to sell any of the certificates of funded debt so deposited as aforesaid, for the redemption of the notes of a failing bank, the auditor, treasurer and comptroller shall make an order on the treasurer to sell such certificate and certificates, and at such time and times, place and places, as may be necessary to redeem the outstanding circulating notes of such bank, as the same may be presented for redemption, and produce the largest sum that may be obtained for such certificates; and when it shall have been determined to make such sale, the comptroller shall issue an order to the treasurer specifying what certificates shall be sold, and the tine and times, place and places of selling the same; and in making such sale the treasurer shall be governed by the provisions of the act under which such bank shall have been organized, except as provided by this act. iihen any such sale shall be made, the tre surer shall forthwith report the same and the amount of money thence arising, to the comptroller and the auditor, who shall cause an account thereof to be made in their respective departments, and the treasurer shall be charged with the money as a redemp- Report of sale and proceeds--accounts thereof https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4 / Payments for redemption of notes --how made //di Burning redeemed notes. tion fund, and all payments made by the treasurer for the redemption of the notes of a bank, shall be upon the warrant of the auditor, as in other cases; all notes, presented for redemption at the treasury, shall be burned to ashes by the treasurer in tne presence of the comptrolled and register, and certificates of such burning, signed by the treasurer, comptroller and register, shall be made, and account thereof kept, as in other cases. Proceedings on quo warranto against banks. (156.) Sec. VIII. If any banking company shall fail to transfer, and keep deposited with the treasurer of state, the amount of securities for the redemption of circulating notes required to be deposited by the act under which such banking company shall have been organized; or shall fail to make the quarterly returns of the condition of the bank, or to keep on hand the amount of coin and its equivalent required by the act aforesaid; or if any other violation of any of the provisions of the act under which such banking company may be organized shall come to his knowledge, the auditor of state shall forthwith notify the attorney general thereof; and the attorney general shall thereupon, and also for any such violations that may otherwise come to his knowledge, proceed by quo warranto, in the proper court, against such banking company as for a forfeiture of the corporate franchises thereof. Fraudulent use or disposition of securities punished as embezzlement; (157.) Sec. IX. If the auditor of state, treasurer of state, or comptroller of the treasury, or any clerk in either of their offices, shall knowingly and purposely, and with intent thereby to cheat or defraud any person or persons, or body corporate, use or otherwise dispose of any of the securities deposited by any banking company, whether the same be registered or unregistered, and which may have come into his possession or under his control, for any of the purposes named in this act, 'ae shall be deemed and held guilty of embezzlement, and prosecuted by indictment in any court having jurisdiction of the offense, and upon conviction thereof shall suffer the same punishment or penalty as is or may be provided by law for the punishment of persons guilty of the embezzlement of the proper securities and moneys of the state: and in all prosecutions for embezzlement under the provisions of this act, the securities and the notes aforesaid, whether registered or unregistered, shall be deemed and held to be of the value denominated on the face thereof. • --Prosecutions, etc. 55 Laws, 94,959 Post Chap. 120. 410 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (158.) Sec. X. Sections seven, eight, and nine of the act entitled 'an act to further provide for the better regulation, and receipt, disbursement, and safe keeping of the public revenue, passed April 12, 1858, are hereby repealed: Provided, that the repeal thereof shall not affect the existing rights or liabilities, civil or criminal, of any person or person, arising under the sections so repealed. Sec. XI. This act shall take effect on its passage. -5This Volume also contains a Free banking Act enacted in 1851 from which the following marginal notes and sections are taken. Who may engage in banking. Certificate to be made. Copy to be deposited with secretary of state. Sixty per cent. of stock to be paid in. Governor, auditor and secretary of state to furnish company a certificate. Auditor of state to cause notes to be engraved, etc. Auditor to furnish notes on deposit of stock. • Such notes to be circulated as money; • Sec. 7. Whenever any company, formed for the purpose of banking, under the provisions of this act, shall lawfully transfer to the auditor of state any portion of the public stock issued, or to be issued by the state of Ohio, or by the United States, such company shall be entitled to receive from the auditor an equal amount of such circulating notes of different denominations, registered and countersigned as aforesaid; but such public stock shall in all cases be, or be made to be, equal to a stock of this state, producing at least five per centum interest per annum; and it shall not be lawful for the auditor to take such stock at a rate above its par value, nor above its current market value; Provided, that the auditor shall not furnish to such company circulating notes to an amount more than three times the amount of the capital stock of such company, actually paid in and remaining in such bank, undiminished by losses. The plates, dies and materials to be procured by tae auditor for the printLng and making of the circulating notes provided for hereby, shall remain in his custody and under his direction; and the expenses necessrily incurred in executing the provisions of this act shall be audited and settled by the auditor, and paid out of any moneys in the treasury not otherwise appropriated; and, for the purpose of reimbursing the same, the said auditor is hereby authorized and required to charge against and receive from such company applying for such circulating notes such rate per centum thereon as may be sufficient for that purpose, and as may be just and reasonable. Sec. 8. Every such company is hereby authorized, after having executed such circulating notes in the manner herein required, to make them obligatory promissory notes, payable on demand, at its place of business within the state; to loan and circulate the same as money, according to the ordinary course of banking business, as regulated by the laws and usages of this state. --To be signed by president and cashier. Powers' the company https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -6 //////Stock to be personal oroperty, &c. No lien to be taken on capital stock. Who may vote at elections. Officers, and who eligible. Term of office of directors. Denomination of notes, and their proportion. No bank to issue any other notes, &c. Sec. 17. No banking company, hereby authorized, shall at any time issue, or have in circulation, any note, draft, bill of exchange, acceptance, certificnte of deposit, or other evidence of debt, which, from its character or appearance, shall be calculated or intended to circulate as money, other than such notes of circulation as are by this act described. All banks under Sec. 18. Each banking company herein authorized, shall this law to receive receive at par, at the office or banking house of said comthe notes of each pany, in payment for debts due such company, the notes of other at per. circulation issued by any other banking company authorized to issue such notes by this act, which shall, at the time, redeem its notes in gold and silver coin. • Thirty per cent. of coin to be kept on'hand. Sec. 19. Each banking company shall at all times have on hand, in gold and silver coin, or their equivalent, one-half at lest of which shall be in gold and silver coin, in its vault, an amount equal to at leE,st thirty per centum of the amount of its outstanding notes of circulation; and whenever the amount of its outstanding notes of circulation shall exceed the above named proportion for the space of twelve days, or whenever the said gold and silver coin, or their equivalent, shall, at any time, fall below the amount of twenty per centum of its circulation, no more of its notes shall be paid out, or otherwise be put in circulation, by such company; nor shall such company increase its liabilities by making any new loans or discounts, other than discounting or purchasing bills of exchange payable at sight, nor make any dividend of its profits, until the required proportion between its outstanding notes of circulation and gold and silve coin on hand, shall be restored; actual deposits with any colvent bank or banker, of established credit in the cities of New York, Boston, Philadelphia or Baltimore, subject to be drawn against at sight, payable in gold and silver coin, shall be deemed equivalent to gold and silver coin, wherever these terms are used in this act. Liabilities • Notes not to be exchanged fOr 'Acek:,, nor cupital stock to be hyi,othecuted foi certificates of stocks. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -7- Capitnl stock not to be withdrawn. Dividends, when declared, and oath of cashier thereon. Interest to be charged, &c. Liabilities to any other company not to exceed one-third its circulation. Uncurrent notes not to be paid out. Notes, &c., to whom payable. That transactions are void. 2enalty for violation of the provisions of this act. Officers who are guilty, to be imprisoned, &c. MutilEted notes to be exchanged and burnt. Powers of attorney to be given by auditor. Auditor to hold stocks for security, &c. Sec. 33. The stocks transferred to the auditor of state_ by any banking company, for the security of its circulating notes, shall be held by him exclusively for that purpose, until such notes shall be redeemed, except as hereinafter provided. Delinquent banks --how dealt with, Sec. 34. If any such banking company Shall fail to redeem, in gold and silver coin, any of its circulating notes issued in pursuance of the provisions of this not, when payment thereof shall be lawfully demanded, during the usual hours of business at the office of such company, the holder of such notes or notes, may cause one or more thereof to be protested by a notary public, who shall, on protesting the same, forthwith forward notice of such protest to the auditor of state; and after such protest suffered, it shall not be lawful for the company thus suffering protest, to pay out any of its notes, discount any notes or bills, or otherwise engage in the business of banking, except to receive and safely keep moneys belonging to it, and deliver special deposits; and where the holder of such notes shall cause more than one to be protested on the same day, he shall not receive pay for more than one such protest. 3ame Sec. 35. In case any such banking company shall fail to pay and redeem its circulating not.s on demand, in gold or silver coin, as specified in the next preceding section of this act, the auditor of state shall, within twenty 6ays after he shall have received notice of such failure, cause the stocks pledged by such company, or so much thereof as may be necessary to redeem the outstanding circulating notes of such company, to be sold either et the stock exchange in the city of New York, after giving notice of such sale to such company, and also Eovertising the time and piece of sale, with a pertinent description of the stocks to be offered for sale, in two or more newspapers https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -8- • published in the city of New York, and in general circulation, for not less than ten consecutive days before the day of sale; or at the office of the auditor of state, in the city of Columbus, giving notice to said company, and also advertising in one or more newspapers, published and in general circulation in the city of Columbus, and one or more newspapers in general circulation in the county where the office of such failing company is situated, which advertisements shall, contain the same particulars as are required herein, where sales are to be made in the city of New York; and out of the proceeds of such sale, the auditor shall pay on the circulating notes of such bank, as the same may be presented, a ratable proportion of the proceeds of such sale, not exceeding the amount due on said notes; and due notice shall be given by the auditor, that said notes will be paid at the office! of the auditor of state: Provided, that if any of the circulating notes of such failing company shall not be presented for redemption at the office of the auditor of state, until after the term of two years from the date of the first publicatioh of the notice to the holders of such notes, to premit the same at said auditor's office, the auditor may pay ratably, to the holders of the notes, previously presented, if such notes have not been previously paid in full, whatever of the proceeds of such sale, remaining in his hands, may be needed to fully discharge such notes so presented. Whenever default shall be made in the payment of the circulating notes of any banking company, established under the provisions of this act, every stockholder shall, for Mich notes be individually liable, in proportion to the stdck held by such stockholder in such bank, to the extent and to the full amount of the respective shares of stock owned in such bank by such stockholder. Where a bank is owned by less than six stockholders, they shall be individually liable, as natural persons, for all debts and liabilities of such bank. Same Sec. 36. The auditor of state may, if he shall deem that the interests of the note holders of any insolvent banking company will be best promoted thereby, with the advice of the treasurer and secretary of state, hypothecate, or sell at private sale, any of the stocks transferred to and deposited with him by such company, to any other banking company, or to any individual person or firm, and receive therefor either money or the circulating notes of such failing company: Provided, that no such stock shall be sold, at private sale, at less than the par value thereof, nor at less than its selling price at the New York stock exchange, at the date of the last received information; nor shall any such stock be sold on credit. Special agent to be appointed, &c. Sec. 37. On receiving notice that any such banking company shall have committed an act of insolvency, as hereinLefore defined, the treasurer of state, the secretary of state, and the auditor of state, or a majority of them, shall appoint a special agent, who shall immediately proceed to ascertain whether such company has refused to pay its notes in gold and silver coin, when lawnilly demanded, and report to the said treasurer, secretary and auditor, the facts so ascertained; and, if from the report so made, said treasurer, secretary • https://fraser.stlouisfed.org • Federal Reserve Bank of St. Louis - 9and auditor, or a majority of them, shall be satisfied that such company has suspended the payment of its circulating notes, when lawfully demanded, in gold and silver coin, they shall forthwith appoint a receiver or receivers, and require of him or them such bond and surety as they shall deem proper, who shall proceed to take possession of the books, records and assets, of every description of such company; collect all debts, dues and other claims belonging to such company; settle, with the approbation of an agent, to be appointed by the stockholders for the protection of their interests; compound for all bad and doubtful debts; sell all real and personal property of said company, and to pay over all moneys so made to the auditor of state; and the auditor of state shall cause notice to be given, by advertisement, in one or more newspapers published in the city of Columbus, and also in one or more newspapers in general circulation in the county where the office of such insolvent company shall be situated, for six consecutive months, calling on all persons who may have claims against such company, to make legal proof thereof; and after be end of one year from the first publication of such notice, he auditor, after full provision shall have been made for redeeming the circulating notes of such company, shall make a ratable dividend of the moneys so paid over to him, by such receiver or receivers, inclusive of moneys received by him, on sales of stock transferred to and deposited with him by such company, on all such claims as may have been so proved; and from time to time, as the proceeds of the assets of said company shall be paid over to him, the said auditor shell make further dividends, as aforesaid, on all claims previously proved, and the remainder, if anything, shall be paid over to him, the said auditor shall make further dividends, as aforesaid, on all claims previously proved, and the remainder, if anything, shall be paid over to the stockholders of the company, or thei-legal representatives, in proportion to the stock by them severally held; Provided, however, that if any banking company, against which proceedings have been instituted, as prescribed in this section, on account of any supposed act of insolvency, shall deny having committeed such act, such company may apply to any court of competent jurisdiction, to enjoin further proceedings in the premises; and such court, after citing the treasurer, secretary and auditor of state, to show cause why further proceedings should not be enjoined, and after the finding of a jury that such company has not suspended the payment of its notes, when legally presented, in gold and silver coin, shall make an order, enjoining said treasurer, auditor, and secretary of state, and any receiver or receivers appointed by them, from all further proceedings on account of such supposed act of insolvency. • No dividends to be made when capital stock is diminished. Fees for protests. Stockholders shall not be liable to bank beyond two-fifths of capital stock. How a company may diminish its circulation. • Damages for refusal to redeem notes. List of shareholders and amount of stock to be kept and filed with recorder of county. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -10 - *hen banking company may commence business Penalty for circulating mauthorized notes; --And usury. No bank to purchase its notes at a discount Conflicting laws repealed. • • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis STATUTORY PROVISIONS OHIO GUARANTY PLAN OF BANK OBLIGATIONS (Act of Feb. 24, 1847) Assessments and Contributions in Bank Obligations Initial Contribution Annual Assessment Special Assessment Ten percent of amount of circulating notes, in money, . .stocks of the Stately*WJL11.00f New York or of the United States. (Sec.21) Proportionate share, based on authorized circulation, of sum necessary to redeem the notes of a failing branch. a/ (Sec. 26) Statutory Limitations on Operations of Insured Banks Responsibility of Directors and Stockholders: Directors Stockholders In personal and individual capacity for all damages which the company, Its shareholders or any other persons, body politic or corporate, shall have sustained in consequence of any violation of the act or provisions of charter knowlingly permitted. (Sec. 66) •••• Limitations on Loans and Investments b/ To officers and employees To directors To stockholders Collectively one-fourth of capital stock paid-in and owned by directors. c/ (Sec. 23) Collectively one-third of capital stock paid-in and remaining. c/ (Sec. 23) - Maximum to Total loans single borrowers and discounts One-tenth of authorized circulation. A/ (Sec. 62) ••• Maximum length of loans To stockholders six months (Sec. 58) a/ i3ranah*s to be remunerated for such contribution from safety fund as soon as mom: could be obtained by the sale or hypothecation of the stocks or other securities there in. No provision made for restoring safety fund to its former amount. (4„, bie No loans bade on basis of own stock as security (Sec. 47). of In case of directors, one-third and of stockholders, one-half of capital stock pail in, including liabilities, as drawers or indorsers of bona fide foreign bills of exchange, drawn in this State and payable out of this State. d/ Inclusive of liabilities as acceptor or acceptors of bona fide bills of exchange, one-half of circulation, exclusive of liabilities as acceptor of above, one-fifth of circulation. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • z STATUTORY PROVISIONS OHIO GUARANTY PLAN OF BANK OBLIGATIONS (continued) (Act of Feb. 24, 1847) Statutory Limitations on Operations of Insured Banks (cont.) Limitations on Ownership of Property: Banking house and fixtures Such as may be necessary to convenient transaction of Its business. (Sec. 51) Time limit on real estate acquired by collection of debt Ownership of other real estate No longer than necensary to avoid loss,(Sec. 51) Forbidden (Sec. 51) Ownership of corporate stock Forbidden, except to prevent loss on debt previously contracted. (Sec. )i7) Limitations on Circulation, Deposits and Borrowings: Maximum circulation Specified rates-to capital stock: First $100,000, twice 3.‘2 Second $100,000 1 1 Third $100,000 1 1 Fourtb$100,000.1 once Additional, 3/4 (Sec. 19) No specifications re maximum deposits, rate of interest on deposits, or maximum borrowings. No notes put into circulation if reserve impaired for 12 days, or if falling below 20 percent at any time. (Sec. 55) Required Reserves: Proportior of reserve required to be actual cash Total amount Thirty percent of outstanding notes of circulation, and current deposits. (Sec.55) One-half in gold and silver coin in its vault. (Sec. 55) Character of balance Actual deposits with any solvent bank or banker of established credit in cities New York, Boston, Philadelphia or Bnitimore, subject to be drawn against at sight. (Sec. 55) Limitations on Payment of Dividends: Percentage of earnings to be carried to surplus prior to dividends https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis If losses exceed undivided profits, or in excess of net _profits Forbidden. (Sec. 58) If reserve is impaired If capital is impaired No dividends if Not to be paid if losses equal or exceed reserve falls below 20% of execution or undivided profits. (Sec. 55) toir 3, for 12 days. • 3 STATUTORY PROVISIONS OHIO GUARANTY PLAN OF BANK OBLIGATIONS (continued) (Act of Feb. 24, 1847) Character and Povers of Supervisory Authorities Over Insured Banks Character of Supervisory Agency: Name of Board Composition and method of appointment Board of control of the State Bank of Ohio. (Sec. 13) One member appointed by each branch. (Sec. 13) Opening of New Banks: Conditions to be taken into consideration in approval of charters or issue of certificates to begin business Authority approving opening of new banks Board of control of State, Bank of Ohio a/. (Sec. 13,14) Certificate may be refused if condition of nevly formed company unsound; character of stockholders or directors, for responsibility and integrity, such as not to entitle such company to pane confidence; if admission vill jeopardize safety of other branches or of individuals who may deal with such company. (!)./ (Sec. 11) Examinations and reports: Number of required examinations each year Additional examinations by supervisor Minimum number of condition reports each year Whenever and as often As frequently as ie deemed as they think proper. (Sec.140 proper by board of controls (Sec. 14) Character of Assets and Management: Circulation and liabilities Other powers May require any branch to reduce circulation or other liabilities within limits necessary to secure from loss either dealers vith such branch, or other branches. (Sec. 14) May give orders to do or cease to do any thing Which board of control may deem necessary for security of such branch or any other branch or branches. (Sec. 14) a/ For first year after passage of act, Board of bank commissioners, composed of five persons named in the Act had sole power to approve organization of branches. Powers of Commissioners transferred to board of control by Act of Jan. 6, 1846, except that refusal of certificate to commence business by Board of Control might be overruled by the board of commissioners. (Sec. 5) .12/ Branches were also limited in number, not to exceed two in any county except Hamilton, in Which not to exceed three. (Sec. )1.) c/ Cashier required to make four reports each year, two after payment of semi-annual dividends. No provision requires publication, however. (Sec. 57) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis STATUTORY PROVISIOIS OHIO GUARANTY PLAN OF BANK OBLIGATIONS (continued) (Act of Feb. 24, 1847) Character and Powers of Supervisory Authorities Over Insured Benkse Closing and Liquidation of Banks: Power to close for violation of law 18h8-If any order of board of control not complied with, may apply to court for injunction to close branch. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Power to close for unsatisfactory:condition If branch fails to pay notes in gold or silver coin. (Sec. 24) Definition of insolvency PoVers of liquidation If payment of notes Upon act of insolvency, of circulation refused or 1848 granting of in gold or silver coin. injunction all pro(Sec. 24) perty, etc., of bmanch is vested in board of control, which appoints receiver. (Sec. 25) https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • From Appendix to Annual Report of made on the Condition of the Ohio Charles Reemelin,_E_Ag.., acting as ment of the Auditor and Secretary pp. 345-572) XXV. Auditor of State; Series of Reports Stock Banks,_ as ascertained by special examiner under the appointof State (Ohio Documents, 1854, MR. REEMELIN'S GENERAL REVIEW. Dent, near Cincinnati, October 15, 1854. Hon. Wm. D. Morgan, Auditor of State, Columbus, Ohio: Sir:--I have, in pursuance of the appointment conferred upon me by yourself and the honorable Secretary of State, examined all the Banks named in your favor of the 27th of June last, except one--the Iron Bank of Ironton, which I shall visit as soon as the river opens--and have forwarded immediately succeeding each examination the special report for each, as required by law. As soon as I shall have examined the Ironton Bank, I shall transmit to you the report in that case. As that bank will not vary the general conclusions, you will now please to accept my general report herewith submitted. I shall not discuss the general question of paper money banking except where it becomes unavoidable, but I may be permitted to remark once for all, that I regard all paper money as unconstitutional; and that in my humble opinion this seductive form of credit is the principal disturbing element in all our financial relations, and that it constitutes one of the two great social and political evils of this republic. Hence, I suggest remedies from the fact of the existence of a paper currency among us, and not because I admit either the propriety or constitutionality of such a currency. With these prefatory remarks I will at once enter into the subject matter of this report. I. • THE SAFETY OF THE BALKS EXAMINED. Every dollar issued by them is more than amply secured. The stocks deposited for their security with the State Officers are worth 10 per cent. more than the actual circulation. And yet we should not 3uffer ourselves to be lulled into a false security, nor should we forget that the uninterrupted redemption is of the4ighest importance to every note-holder. Several of the banks have, presuming upon this ultimate safety (for which see the tabular statements annexed to each report) frequently permitted both their specie and eastern exchange to ran down below legal and safe limits. Such a presumption, when it leads to carelessness, has a most mischievous tendency. It endangers the note-holder and throws discredit upon the whole system. The mere deposit of dollar for dollar in stocks, of which the interest accrues to the banks, is no plea for neglecting the other safe-guards required by law. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PP' -2- As to depositors, the question of safety is more intricate and more difficult to solve. There the money on hand deserves less consideration. There safety rests upon the bills receivable. Of the character of these, an examining agent has but little opportunity to judge, except from circumstantial evidence. If there are but few renewals, and the number of debtors be large, and the amount be well distributed amongst them, and they are all bona fide discounts for short dates, then this indebtedness to the banks may generally be regarded as good. It is well to inquire also whether the officers and stockholders are large borrowers: and whether the respective banks have favorites, who control a disporporUbnate share of its funds. The accounts with other Banks and Bankers, from the indefinite and extensive character which the latter word now has in Sank reports, are an item requiring careful scutiny, as through it we may learn their "entangling alliances." Thus investigating the question and inquiring of the cashier as to the general character of the debts due,--and also specially into all matters bearing a suspicious character, I have passed upon this question and given my opinion in each special report. I regard the depositors in nearly all the Banks as safe; But it is due to truth to add, that in several of them they are in more or less danger. This does not affect such persons as are depositors and debtors at the same time, nor those favored depositors--quasi stockholders --who would doubtless be warned in time. • In connection with this matter, I must be pardoned for making the remark, that under the Stock Bank system, all those creditors which are not note-holders are necessarily placed at a disadvantage, because such banks must employ a disppoportionately large share of their capital for the protection of their circulation. This produces a strain upon the deposits for all banking purposes, which disturbs the equilibrium of the operations. Very often the deposits are used to increase and to protect circulation, and that this weakens the security of the depositor needs no farther argument. The safety of the stockholders must be judged by far different rules. A Bank unsafe to the public may be safe to the stockholders. This is the case where the latter owe as much or more than their stock; or where the stockholders of the Bank are also partners in a broker or banking firm, by which the funds of the Bank are absorbed; or where the funds of the Bank are made subservient to the interests of stockholders in other localities,--in all such instances, (and that there are such in Ohio you have learned from the special reports,) th4 stockholders are safe--the public not. There are also a few Banks where there are heavy well ascertained losses, and in these the stockholders are sufferers. Acting on the foregoing premises, I have classified the Banks into three classes, referring you to the special reports for the speciE' reasons in each case. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis No. 1. Safe and doing a legitimate business-1. Franklin Bank of Zanesville. 2. Bank of Geauga in Pa nesville. 3. City Bank of Cleveland. -3 • 4. 5. 6. • Bank of Commerce, Cleveland. Mahoning County Bank at Youngstown. Western Reserve Bank at Warren. No. 2. Guilty of some one or other improper practice-1. Champaign County Bank, at Urbana. 2. Commercial Bank, at Cincinnati. 3. Merchants' Bank, at Massillon. 4. Bank of Marion. 5. Franklin Bank of Portage County. 6. Fickaway County Bank, Circleville. 7. Springfield Bank. 8. Canal Bank of Cleveland. No. 3. More or less liable to censure and loss-1. Savings Bank of Cincinnati. 2. Stark County Bani,epf--8*11410telcy...../1-(2;,,.., 3. Union Bank of Sandusky. 4. Forest City Bank of Cleveland. 5. Sandusky City Bank. 6. City Bank of Cincinnati. 7. City Bank of Columbus. The Miami Valley Bank at Dayton, and the Seneca County Bank, are not in active business. The Iron Bank of Ironton is not yet examined. II. THE MANAGERS OF OUR BAH'S, AND THEIR CHARACIreR. The person character of the officers and the stockholders of these Banks is intimately blended with their safety. A good system works badly in bad hands, and even a bad system might work well with good men. At the start, good intentions prevail as a general rule, and the directors pay strict attention to business. Gradually, however, the management passes into fewer, and in fact too often, into the hands of one man. Trade in money has its peculiar effect upon character, like all other occupations and avocations, from which effect only the mast sterling men escape. Such men however exist. Malpractices will grow as care and diligence slacken; so from neglect and undue anxiety to do business spring losses. This is the general feature of all banking,--it applies to Ohio. Much of the safety of banks lies in the unremitting attention of directors and stockholders to the affairs of the bank. We have in Ohio, as elserthere in corporations, too much of the ell-prevailing control of one man. The boards of directors are generally mere cyphers. They, with some very honorable exceptions, meet seldom, and are, so far as the affairs of their banks are concerned, "know nothings." The Presidents, with one or two exceptions, pay some attentior to business, but they are superficial observers of its operations, and they exercise but little control over the Cashiers. The latter officers are in fact the managers of our banks. They are all good accountants, and possess much mercantile and financial experience, and so far are well https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -4 • fitted for their positions. Nearly all of them are anxious to have the reputation that they adhere to what they call "legitimate banking," and I will not gainsay but what 'lost of them deserve such a reputation. Too great an anxiety for large profits prevails amongst them, and this, once in a while, leads them into improper practices. Nearly all these gentlemen are citizens of this State, intimately connected with its prosperity through themselves and families. They have all the notions peculiar to their class, of the insuperable importance of their institutions to the communMy at large, and of the necessity of using ti law making power through banks as a lever to prosperity. They desire, next to making good dividends, the prosperity of their neighborhood, and they are very often useful laborers in every thing calculated to advance its general welfare. • Most of them are timid, financially speaking,--but there are among them also, a few as bold spirits as ever dictated to States their bank policy. Unfortunately for our State, our bolder bankers are the chief agents in that policy which has deprived Ohio of a home currency, and which imposed upon it a depreciated currency standards. Herein the greater part, if not all, of our banks participated--many from timidit:. From this, practices have sprung up approaching criminality, if not actually criminal, at which our banks connived, or which they at least diC not expose and put down as they might have done. Latterly, however, a better and more independent spirit has prevailed. Otherwise, the officers of our banks deserve, with few exceptions, the public confidence. For the exceptions, I refer you to the special reports. The prevailing system of book-keeping lacks, in many cases, perspicuity and uniformity. Too much is left to memory, and the books seldom convey within themselves, their own explanation. The discount registers are often defective. The books are frequently not fully posted up. Errors are carried along for months, and losses concealed beneath the fair looking accounts. In all, I found one or the other of these faults, in none all combined. The best set of books and the most perfect order and regularity I found in the Bank of Commerce in Cleveland. Our bank officers should ever remember, that in money dealings, order, promptness and regularity are the roads to profit, and that the banks which pursue the strictest path of duty are the soundest. All the injuries to banks, worth speaking of have sprung either from the careless-ness, the fanciful speculations, or the improprieties of bank officers. No bank ever yet broke, but what was actually broken from causes within hereelf. During the examinations, I have devoted much attention to the character of our bank managers, and must here repeat my earnest warning against a farther uncontrolled buying and selling af chartered privileges. Bank managers may thus slip out of difficulties, and by concealing the change, abuse public confidence. I must also regard as most reprehensible, the modus operandi employed by the Miami Valley Bank at Dayton, and the Seneca County Bank at Tiffin, by which their chartered privileges were placed in abeyance in the hands of their principal stockholders--brokers, who used the circulation and enjoyed all the advantageous part of the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 5 • charter, but escaped all the legal restraints, especially as to interest. I think it ix a grave error in our bank legislation, that proper safeguards are not provided against irresponsible stockholders. Every change in stockholders should be publicly known; then, as one set of men would leave, the public would be put upon its guard. With this purpose in my eye, I have reported all the stockholders in the respective banks. A mere sale of the franchise should be prohibited altogether. I would also, in concluding this subject, state the general fact that but few of our bank officers give bond and security. Why this old practice has been abandoned in Ohio, I am not informed. III. THE PROFITS OF BANKS. The banks examined, make their profits from three sources, viz: 1. 2. 3. The interest of the stocks deposited. The interest derived from both bill and note discounting. The premiums and profits from Eastern exchange. Upon the first point but little need be said. It is well, however, always to remember that while the stocks are deposited with the State, their productiveness to the holders is not diminshed, and that the power to have a circulation upon them is an additional privilege conferred by the State upon its creditors,--facts which these bondholders would do well to remember, who accuse the State of a violation of plighted faith for taxing these stocks, while they quickly protect the 5 to 10 per cent. additional value which the above privilege imparts to them. stood. The profits arising from the second item are also well underThey do not constitute more than three-fifths of bank profit. The chief profit is the premium realized from Eastern exchange, over and above the legal interest. This subject has the most important bearing upon our banks and all their operations, because unfortunately the laws give to it an extraneous importance far beyond the preceding causes, and hence it has become the key to the bank question. • New York is the great centre of moneyed affairs in the United States. Ohio there buys the greater part of all it needs from abroad-an4there the settlement of balances is ultimately made for both our exports and imports. Little specie is used in these settlements. Ohio labor produces, and has always produced enough to pay all its needs from abroad. Eastern exchange arises from this labor through drafts and bills drawn by Ohio traders upon products either shipped, or to be shipped East. These drafts or bills are discounted at our banks and bankers, and at the time of the discount, simple interest is charged for the time they have to run. They cost little or nothing to transmit and collect them East. When matured, our banks and bankers draw against them, and being more convenient and less liable to risk than specie, command properly a small preimium. At Cincinnati and Cleveland, there is much transient exhhange which is purchased in market, and from which very considerable profits are realized. These premiums and profits are (from an Ei ,,hth to https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -6 • • • a quarter per cent.,) the result to be expected from legitimate causes. But our brokers and bankers are adroitly playing into the hands of Eastern brokers and bankers--often they are the same persons--and they have succeeded in making New York, Boston and Philadelphia, which have always adhered very near to the specie standard, the moneyed regulators, to a far greater extent than the real facts would justify. This undue advantage has been aggravated by mischievous Ohio legislation, which makes Eastern indebtedness to Ohio, the basis of Ohio paper money, and hence the currency standard, and at the same time authorized larger profits from such discounts than from loans. This produces certain financial peculiarities which it is well to notice. The first is that those borrowers of a bank who offer the bank the better investment, are actually made to pay a higher profit for the use of money, than those who offer the bxxixemaxx less. The Eastern trader is deprived of a portion of the natural profits of the business. The premium from the exchange he creates, the banks and bankers take as a matter of course. The majority of these Eastern bills are sixty day drafts. We have seen that the bank charges for these, regular interest in advance, being equal to seven per cent., and in addition they receive on maturity the current rate of exchange, which ebr the last nine months past has never ranged less than one per cent. Consequently, the banks have made on such bills, thirteen per cent. per annum at least--and in all cases where the rate has been onehalf per cent. they have made 16, and this has latterly been the ruling rate. With a thirty day bill, or one having still less time to run, the interest made is still higher,--being not less than 25 per cent. and as high as 30 per cent. There is not a bank nor a broker in the State that has not discounted some $OU such bills, and made the profits indicated, and according to my construction of the law, all have violated the act "to restrain banks from taking usury." Whether all the banks of the StPt-. or what portion of them is liable to the provisions of this act, I will not undertake to say. The branches of the State Bank, and the independent banks organized as they are under one act, will plead an exemption from the above restraining act, but I doubt the success of such a plea in a court of justice. I may as well however here remark, that one of the independent banks, and also one of the free banks (see special reports) have violated their own charter in this particular, by charging and receiving a discount in additiolito regular interest. This whole matter may be easily tested by some prosecuting attorney brippig suit for the usurious interest provided by statute. I would earnestly recommend such a course at the earliest possible date. The other profits from eastern exchange business arises from buying and selling transient eastern drafts. One fourth per cent. is made in every such transaction, and it frequently happens that the bill is sold on the same day as purchased. If the capital employed in such business be turned once a week it amounts to a profit of 13 per cent. per annum, if twice, to twenty-six, and if every day to seventy-five. That many exchange discounts and purchases, are kiting operations by mutual tacit agreement, where no funds are East, nor expected to be there, and that many such are paid at the counter, and exchange added, I strongly suspect, but have no certain knowledge except where reported. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -7 Another peculiarity springing from our eastern exchange policy, lies in the fact, that in pursuance of it, Ohio is constantly loaning to New York about two millions of dollars; for that amount is according to the last quarterly bank report due to our Banks in the east. The reverse would be the more natural position. This amount is loaned to New York, in part without interest, and in part, at low rates of interest. To put that self-same indebtedness there, costs our citizens from 10 to 25 per cent. Another grievous evil springs from this policy; it is the gradual extinction of all home discounting, and the absorption of nearly all bank capital in bill discounting. By reference to the tabular statements, you will find that ten millions of the bank discounts are for bills, and only four millions for notes. Note discounting was driven to the brokers, because they were allowed to charge ten per cent. A still greater injury of this policy, arises from the fact that in consequence of it, all reliable currency standard was obliterated. Eastern exchange left fluctuating to every financial trick, was made the standard,i1 No wonder that adroit bank managers should use so fair an opportunity for forcing upon us a depreciated currency, and as a natural result high exchange, and a constant run upon our banks. I reserve further remarks upon this for the succeeding chapter. • • I cannot conclude the subject of bank profits, without adverting to a subject, which some may deem not within the range of the duties of an examining agent, but which nevertheless in my humble opinion has had any unmistakeable influence upon our whole bank policy. I allude to the notorious ten per cent. interest law. During the examinations, it became early evident to me, that the existence of two rates of interest had a most significant effect upon all banking operations. Formerly, banks and bankers were content with seven to eight per cent. dividends. Now they complain of any less rate than ten per cent. Cashiers hear this, and fearing a stampede of their stockholders into private banking, strain every nerve to come up to the coveted ten per cent. Hence, profits were divided closer than safe banking would justify: hence, we find no contingent fund in our banks,-hence, too, are well known and A.U.4*AAA,410,11.1PVIE41401.ArAilk14112 losses carried forward, instead of being wiped out. All the operations of the banks were forced into the more profitable position of bank operations. Many of the banks ceased in a great measure to discount home paper, and this, along with the tempting ten per cent., fostered into existence all over the State, private Bankers and Brokers, of but little real capital. These offered six per cent. and more interest for deposits, amd banked upon them. They also entered the exchange market, and operated without restraint as to discount or premium. All this deranged regular banking operations. The light-footed brokers soon ruled the banks, which were cumbered by the restraints of law. The first named regulated our exchange,--forced a depreciated currency upon us. Many of the bank managers became interested in broker establishments, and many brokers in Banks, both in and out of this State; and the people were given over to a policy, in which at every turn they were shaved, and from which they saw no relief. What was paid to the depositors, was doubly https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • 0 8 lost in discounts and exchange. Having two rates of interest, produced some very curious results. In a certain locality (for which see special reports,) a few men organized as a bank on one side of the street, and were confined to six per cent.--and the same men, as a broker partnership on the other side of the street, were allowed to charge ten per cent.-both dealing with the self same money. In Cincinnati, the managers of a foreign bank were loaning the notes of that bank at ten per cent., while the Ohio banks whcb circulated the same notes by arrangement, and were furnishing eastern exchange for it, could not legally charge more than six per cent. And again--a certain bank on the lake could not charge more than six per cent for its loans,--but when it sent its capital, improperly and in violation of law, to a broker's firm in Cincinnati, who were its stockholders, ten per cent. could be charged for the same money. Such absurdities and gross improprieties occur, when the law-giver first violates equality by granting special privileges; and, when looking through his false optics, he attempts to patch up the created inequality. • • In other parts of this report, I shall have occasion to again sneak upon this and kindred matters, and will close with this single remark, that a careful and dispassionate examination of the special reports must satisfy every reasonable mind that all well conducted banks now make, in spite of the much complained of taxes, more, or at least as much profit as they every did. In every case where profits or dividends have been lessened, the cause will be found to lay in some loss brought upon the bank by its own act and volition. IV. THE COST OF BANKS AND PAPER MONEY. This item is, in my humble opinion, one of more importance than is generally believed. Banks are public corporations (as yet at least, though not necessarily so,) to whom the most important powers are entrusted. Hitherto, the power to create a currency has been deemed one of the most subtle Government functions, and such is in fact the theory upon which our bank laws are passed. Banking thus being a matter of government, it is well to inouire into its cost, just as much so as in any other governmental department. The mereitem of expense for Bank officers is proper in such a calculation. There are sixty-two Banks in our State, each of which costs on an average for various expenses, $2,000--$124,000. This amount is not too large for the amount of labor performed. Very few of our bank officers receive any more pay, when compared with otter similar occupations, than they actually earn. The mere clerks are in fact paid too little. The political bearing of the patronage, which is thus enjoyed by these moneyed corporations is about as large as that of our entire State government. This government patronage excites much public attenticn. Why not that of corporations, which in Ohio, is ten-fold that of the State? While these corporate bodies are political bodies,--all of them entrusted with some public functions, which in other countries are performed by government, and while our corporation policy is more or less an unsettled public question,--it is well to ascertain their cost and the amount of power they wield. I would suggest with this view, either the passage of a law requiring all corporations, including Banks, to rqport once a year their general condition and expenses; and a discontinuance for two years of such report to be considered a non user or forfeiture of all chartered rights. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • _0 - The amount of profits made by our banks is also an item of cost well worthy of public consideration. They cannot fall much short of an average of ten per cent., which on a capital of a little over six millions is at least $600,000. Very nearly half of this is the result of the chartered privilege; as six per cent. is the standard of bank interest. There are in the State not less than one hundred broker shops and private banking houses, whose cost cannot be much less than $150,000, for officers and similar expenses. This kind of private banking is inseparable from paper money. While we have government, we must have politicians; and while we have paper money banks, we must have brokers. Politicans are useful so long as they agitate for the public, political questions. In a similar way, brokers are useful in banking matters--the only danger from either is, when the first rule/State, or the latter rule the banks. the • The foregoing items are however but the smaller portion of the cost of Banks, and it may perhaps be impossible to havd our monetary affairs conducted under any less expensive system. Then ooly will they be conducted cheaper, when we shall have no system at all, and when each man having money to lend will be his own banker. The greatest cost of paper money banking arises from the use of a paper currency. The more depreciated this currency is, the greater the cost; the nearer specie, the less. The large eastern cities are the currency standard/ for the United States. That standard may in general be assumed to be from onefourth to one-half per cent. below the actual specie standard,--this depreciation being concealed beneath the premium paid for European exchange. Our Ohio currency should at least not be below the New York standard, except so far as may be unavoidable from causes inherent in any paper currency,--and eastern exchange should never exceed in Ohio one-fourth per cent., that being about the expense of transporting specie east. All above that must be charged to the use of a depreciated currency. How much that amounts to cannot be calculated very closely. Having examined only twenty-four of the sixty-two banks in the State, and much exchange being sold by brokers, actual calculation was not within my reach. I have endeavored to arrive at it by two modes, each producing the same amount. The first was to ascertain the nrofit made by Banks upon eastern exchange, which I estimated at $240,000; of which I charged $200,000 to the use of a depreciated currency. I then calculated the profits made by brokers on exchange, which I estimated at an amount equal to that made by the banks--leaving also $200,000 to be charged to a depreciated currency standard--making 1,400,000 in all. That I have not over calculated this amount, may be learned from a fact of which I was cfedibly informed,--that one of our bank managers, who has an outside broker business, and who used an Indiana bank as a part of his operations, made $47,000 in one year out of that foreign bank. Another method was to take as correct the estimate made by others of the amount of business done and exchange sold annually, at forty millions--for every dollar of which one per cent. more is paid than would be under a currency standard, making also $400,000. I think this amount, then, is not far from the truth. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -10 - How much is lost in Ohio annually from the shaving of bank notes and getting them redeemed, I can but guess at; I think it will, for 1854, not fall short of $100,000. The loss by broken or suspended banks must also be more or less conjectural. I cannot estimate it for Ohio in 1854, at mu01 $250,000. By way of recapitulation, we may then put down as what called the legitimate expenses of banks:-$124,000 For officers and incidental expenses 360,000 Six per cent. profit from the banking capital employed Officers and incidental expenses of broker establishments 150,000 $634,000 Illegitimate Cost. Extra premium paid for eastern exchange Shaving bank notes Loss by broken banks $400,000 100,000 250,000 . $750,000 Total cost of our banking system for one year $1,384,000 Of this, full one-half might be saved by returning and adhering to the specie standard. V. THE USE OF BANKS. It is claimed--lst, that our banks furnish us with a good currency; 2d, that they regulate trade; 3d, tht they furnish us with capital; --to all of which I most respectfully demur. That our banks did not furnish Ohio with a good home currency, is beyond all dispute; that they failed to regulate exchanges, is equally clear; and that all the capital they lend to our people is but the capital they borrowed from the same people, is easily demonstrated. Banks do not create values; hence they could not redeem their vaunted pledges, because all their creations of money or capital are but financial illusions. The bank managers feel these their miserable failures, but insterw of abandoning their principal financial errors, they persist in them; and rather than search for the real cause within themselves, they charge our moneyed troubles upon our law makers, and what they please to call "the anti-bank policy." Let us see with what justice. The assertion is very often made, that "there is not banking capital enough authorized by our laws." In 1844 and 1845, one of the, if not the ablest banker in this drafted the system of banking which may be found in the law "to inState https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -11- • corporate the StateBank of Ohio and other banking companies." In that law, the maximum of bunk capital fixed for Ohio up to 1865, for both the socalled State Bank and Branches and the independent banks, was $6,150,000. Several additional, then existing, banks were re-organized by that law, whose acceptance of the law might have swelled the capital to $8,000,000. None then dreamed of any necessity for a larger bank capital than this--a great many supposed it to be too great. Of the capital authorized by that law-The State Bank and branches have taken up $4,059,675 The independent banks 558,000 Total $4,6171.625 None of the specially recognized banks, antecedent to 1845, could (I take it for granted) now avail themselves of the grants of that law, nor could new banks be organized under it. But any of the present branches of the State Bank, or any of the independent banks, might (at least I have not seen it questioned,) absorb the capital not yet taken up in the respective districts. This unabsorbed capital is about $2,000,000. • In addition to the law of 1845, we have the free bank law, under which thirteen banks have organized with a capital of $805,790. The Attorney General has, in 1852, given it as his opinion that no new banks can be established under that act, under the new constitution--an opinion the correctness of which all admit. But that officer has not decided, nor has any legal authority held as yet, that there is any bar to the further increase of the capital of banks already organized, to the limit fixed for them by that law. That limit is $500,000 for each, or a total of $6,500,000 of bank capital--leaving an unabsorbed bank capital under the free bank law of $5,694,210 Add to this that not taken up under the law of 1845 2 000 000 And it leaves an unabsorbed banking capital of $7,694,210 Add to this the capital of existing banks issuing paper 5,423,465 Making a total of paper money bank capital now authorized by law, of $13,117,671 This is exclusive of the Ohio Life Insurance and Trust Company, whose powers to introduce capital into the State are well known to be very extensive. Nor does this include any of the banks about to expire. The amount of circulation capable of being issued under this capital and the law, cannot be short of twenty millions--in fact, it could be forced to twenty-five millions. The banks now organized under the free bank law alone, if they had their full capital, (six and a half millions,) might issue three times that amount, being nineteen and a half millions. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 12 • Cincinnati has been singled out as the place where it is said the State has not provided banking capital and circulation enough. And yet, when we examine the matter, we will find that this is a grievous error. Leaving the Trust Company out of the question, and there are in Cincinnati three banks, the Commercial Bank, City Bank, and a branch of the State Bank, organized under the law of 1845, which three bkilks might have a capital of $1,200,000; and leaving the branch bank out/the question, then each of the independent banks might have a capital of $500,000, or a total of $1,000,000 The Savings Bank (free bank) might also increase 500,000 her capital to $1,5oo,000 Maldng a total capital of Upon this a circulation of four and a half millions might be had. This is outside of the branch of the State Bank. Want of capital, nor opportunity to maintain such a circulation, cannot be plead, because the following Indiana circulation was maintained chiefly from Cincinnati capital: • Connersville Bank Steuben County Bank New York & Virginia State Stock Bank Kentucky Trust Company Branch of the State Bank, Lawrenceburg B. F. Sanford S. W. Torrey & Co. Atwood, Dunlevy & Co. B. F. Sanford S. W. Torrey & Co. $834,875 150,000 236,000 1,000,00p not known $2,220,875 This is in addition to the Ohio circulntion. The Commercial Bank protected for some time a large Tennessee circulation, and all the Cincinnati banks and brokers aided in the circulation of foreign notes; and the same money that maintained a foreign, would have maintained a home circulation. The same may be said of other places in Ohio, whose bankers started foreign banks. The Central Bank at Indianapolis, (Judge Bowen,) circulated II Upper Wabash Bank, (Marfield, of Circleville) " It Wayne Bank at Richmond, (Beckel, of Dayton,) It North Western Bank, (Tallmadge, of Lancaster,) • $323,000 195,000 100,000 300,000 There were also various Illinois and even more distant banks used for circulation, for which Ohio capital and exchange was the basis--showing the capacity of Ohio capital and means to maintain a full circulation. That this circulation was not Ohio paper, lies not in a want of authority to circul‘te--nor is there too little capital in the State. It mu9t be sought in other reasons. Before examining these, it may be well, however, not to leave one point unobserved, and that is, that at no time since 1845, has all the capital authorized by law been taken up; showing conclusively that Ohio legislation, whatever faults may properly be laid at its door, cannot be charged with not authorizing banks enough, both in number and capital. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ••• -13- • The banks and their friends say that the reason why the capital and circulation authorized by Ohio laws was not made available, arises from the fear of our general tax laws. I do not doubt the sincerity of those who put forth this plea, but I deny its correctness to the extent claimed. Banks are proverbial for having ready at all times some scape goat, upon which, in a financial crisis, they heap their anathemas. Let us, however, dissect this matter coolly for ourselves, and we will find that it is not taxation, but causes inherent in our kind of paper banking, which has induced Ohio banks to pass by disdainfully the plentiful supply of bank capital tendered by Ohio laws. The complaint of a want of bank capital is an old one. It existed under legislatures favorable to banks, as well as under such as were deemed hostile to them; and as we have seen, it always existed without foundation. Ohio law-makers never yet could suit the fastidious taste ef our bankers. The complaint was as loud before the new Constitution and our present tax law, as it is now. And it will exist--not until the tax law is repealed, for repeal that to-morrow and it would produce no change-but until Ohio bankers return and inflexibly adhere to the specie standard. You will ask what that has to do with the question? Much, as I will show. • It is said Ohio needs twenty millions of a circulation, of either Ohio or foreign bank notes. Admitting this exaggerated demand for paper money, for argument sake, and we may safely go farther for the same purpose, and claim that that amount was circulated in Ohio during last summer, for never were our currency manufacturers and borrowers busier than lately. Ohio bank notes alone were neglected. Indiana, Illinois, Kentucky, Virginia, Michigan, etc., etc., were ransacked for banks when established, with a view to borrow circulation of them; or muckxim where practicable, to establish new banks. And yet money never was scarcer; and not only money--Eastern exchange still more so. Ohio borrowed, and borrowed every body's credit, and called it money--and the more she borrowed the less real money she had. Certain Ohio bankers, connected as they were with foreign banks, played adroitly upon this borrowing propeniity, and the rest of them lacked either the courage to resist it, or the good sense to perceive its tendency. At last, as October came, light began to dawn, and now it was all at once seen by a few bankers, that insteadof having money loaned to us we have been borrowed from, and that in a common sense view, it after all made but little difference whether a bank note was issued by Ohio bankers on one side of the State line or the other. By reference to the special reports you can easily find to which category each Ohio bank belonged. At any rate, it was through them that foreign bank notes were circulated among us. The brokers aided it, and many of them became the worst species of banks of issue. Thus, a depreciated currency standard was imposed upon Ohio--as the currency fell, Eastern exchange rose; and as exchange rose, thece came most inevitably a rush for the redemption of such Ohio paper Xas was easily accessible, and which therefore was constantly presented for redemption. The exchange thus drawn from Ohio supplied new foreign issues, and through them a draft upon Ohio was most constantly kept up by brokers, who were playing into the hands of those half Ohio and half Indiana bankers. Ohio paper had therefore to be redeemed five or six times and oftener a year, in Eastern https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • • • exchange. Each redemption cost at least one per cent., and hence Ohio circuiRtion cost some six to ten per cent. annually to maintain it. This cost, and not tae tax, is, and has been, the great obstacle to Ohio circulation. With a specie standard in Ohio, all this would have been impossible. To avoid this constant draft upon them, banks resorted to those pitiable shifts, so to pay out their own paper as to drive it from the very homes for which the bank was established. Instead of their own paper. they circulated about home foreign paper. A reference to the special reports presents the sad proof of all this. The connivance or the timidity of Ohio banks gave us a foreign currency. The tax law makers are innocent of this injury. Let us illustrate tais matter farter. The highest tax to which any bank was subjected in the State was one and three-fourths per cent.. This tax is not equal to two redemptions in a year, which would have cost two per cent. Now there is not a banker in Ohio, or elsewhere, that will not circulate freely his own paper, if he can be sure that it will not return under three months; or in other words, if his circulation does not cost him over four pr cent. per annum. How absurd, if not wicked, is it then to assert that a one and three-fourths per cent. tax is the obstacle to a circulation, when they know that it is the cost of the circulation, as above explained. They are perfectly willing to pay double the tax, in the cost of exchange, for their circulation. Exchange at one-half per cent., with a tax of two per cent., and three redemptions a year, is cheaper to the banks than no tax and six redemptions a year, and exchange at one per cent. With a specie standard, a circulation would cost Ohio banks, including the tax, only about three per cent--with a depreciated currency it costs six Pa ten per cent. All banks are willing to pay four per cent. or more for deposites, or any other capital left with them over ninety days. Why should they not use their circulation, (and what is a circulation, otherwise, than a loan of capital,) if it cost them no more? I have shown whence the increased expense arises, and therefore demonstrated the real cause of the difficulties in the way of Ohio bank capital and circulation. You may ask, if this be true, why did not the banks see it, they being generally so alive to their interests? I answer, some of those who understood the game did not wish to see it, and the others were silent followers for reasons already indicated. It is an astonishing fact, that while our bankers are good and intelligent business men, they are usually the blindest of the blind upon questions requiring a train of reasoning different from that they are used to. They ever confound debt for capital, borrowing for loaning, and like every body else, they prefer that mode of relief best which they are used to. A bank is but a borrowing establishment, and hence it is natural that banks should see no wrong in a system so completely in accordance with their views. Ohio bankers have, like all other bankers, a most pernicious hankering for always circulating among the people that currency which the people have the least chance to get redeemed; and they seem to regard it as a part of their "esprit du corps" to drive all bank notes as far as possible from home. They like an irredeemabl ,currency. To this we find the natural antagonism of constant habit, acquired by interest, for the people have a leaning towards a different result. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -15- • • Another propensity, one always in the way of bank reform from within the banks, is the blind fatuity with which bankers will repeat those clap-trap terms which any of the great bank oracles may put forth upon the difficulties of the hour. An aversion to think and act for themselves, and a fear to stand alone amidst their class, must not be omitted in contemplating the uniformity with which the tax law is held up by banks as the scape goat of all our financial troubles. Nor can I help being persuaded that interest also blinds their better judgment. The sequel will prove that their present tax policy is a most unwise one. They tell us what we already know, that taxes are enormously highl Will not taxing Banks, lessen their aggregate amount? And if not, is it any relief to Ohio capital to exempt one and not all? Show us the way to get the taxes themselves down, but do not blame a mere law, which regulates the manner of taxation, for the tax itself. If high taxes drive out one species of capital, it will surely drive out all others, because as one leaves the rest arc) .only burthened the heavier. Those last left mat eventually begin the only real remedy--they must reduce the tax, and cease talking about the tax law, which really has little to do with it. If herein lies the eventual remedy, why not all unite in it before any of us leave? The twenty-five millions of acres of excellent land in our State will always remain, and I rather guess, they will always be populated. That population pays the taxes, and that population, Bankers included, may and should see that taxes are lowered. The necessities of a young people account for some of our taxes--the carelessness of our people to watch and check their local governments properly, accounts for more. We want the bankers far more to help us all to get an economicEL government, than we want the tuxes they will have to pay. We watt their help in the present heavy burtheno, and they ought to share them; but we particularly want them in our efforts to -eform. With their aid, they must be successful. The banks have overrated not only the present taxation, but also its future exaction. They are the allies of those elements laboring for tax exemptions and a reduced duplicate. It cannot take much reflection to convince them, and every body, that equal and exact justice is the best and safest rule for them and for all. Nor can it be wise to rely upon the special tax clauses in their charters. The guarantee of a constitution, backed b: a wise judicial decision, in favor of equil taxation, is a safer anchorage than all their charters. Let arbitrary taxation be banished from Ohio, and let the banks share so great a boon. I think the time propitious for a mutual good understanding upon this matter. Let the banks each and all scan closely their acts for a twelve month, and I am sure they will find acts whose penalties they know beat. Let them ponder upon and taxxfoudahdeirebachigucknair complain, with justice, of the fact of two rates of interest in the same State. The State cannot in honor recede from its tax law--it is a question of sovereignty. The banks may acquiesce, saving all the principles they contend for. I am sure, if they will but codly examine and reflect upon the matter, they will see that the high taxes impede all business, theirs included; but theirs no more than others. The good will/ of the community is worth to them more than they suppose. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -16- The truth is, the laws of the State are not in the way of successful banking. Let Ohio pass what laws it 'abases, remove to-morrow the last vestige of either law or other restraint, and as long as banks favor influences which impose upon Ohio a depreciated currency, just 51 long will we have the worst of banking. DA let the baaka of Ohio do their duty, let them be faithful to their part of the so called contract, let them elevate the currency standard, making it at least equal to the States eastlof us, and Ohio will cease to be the plunder ground of foreign trash. Such an effort is feasible--not only feasible, it must be made and succeed, or else the indignation of a free people will sweep away tI faithless institutions who misuse the paters conferred upon them. A few good bankers I know, see this in its true light; may they very soon imrress their sound views upon their brethren. To return to the question involved in the heading of this arts cle, we may say that our bunks have beenlof but little use to us in givina Ohio a home currency, nitaittizaaRaadvaatagx or exchange at fair rates. What use then are banks? Their chief, and in fact their only use in the preaatz state of business in Ohio, is in furniahing a gathering place where surpluses may be deposited, to be loaned to such as need temporary accommodations. It is important that our people, our law-makers, and our banks, should know and act upon this self-eVident truth. The capital of ' citizens, and not that of our banks, has for months done the busine_ Ohio, and it does not re;:juire one dollar of mis-called foreign capital tdo our business. The worst borrowing is when we borrow othcr people's credit; and that alone do we borrow by the usual process employed throu. banks. This we must quit at all and every hazard. We want banks where men may meet month after month, and day after day, as debtors ore, ' creditors perhaps a few weeks after. We want depositories for i surpluses, and to supply temporary warts. Very little of Ohio bank capi tal is now owned abroad. It might all be owned at home. Ohio now loan: unnecessarily to New York and the East, two millions of dollars thexchange. Let that necessity be done away with. Every day adds ta wealth as a people. Why then be tributaries to a false system based upon a false theory. That I am right in claiming for Ohio a stifficiena of capital, I submit the following data: The banking capital of Ohio (already accepted in Ohio) is The discounts from this capital are Showing a surplus of discount over capital Whence does this arise? It arises from the deposits which amount to And so much of the little Ohio circulation as remains after supplying the specie and exchange required by law, say • $6,000, 14,500,000 8,500,00r 6,200,00r 12,300,000 All this is Ohio capital. With brokers and private bankers tai illustration is still more true. Their loans are entirely the result of deposits. I look upon it as the most deceptive perversion of language, to call it lending us money, when a banker, by circulating his shinplasters' among us, absorbs our exchange, or when a bank gets the deposits of a ti on the Lake, and lends it (without interest) to a broker in Cincinnati. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -17- • • And less yet is it furnishing us with capital, when an Eastern banker or broker takes stock in one of our banks, with an understanding that an amount larger than his stock is to be kept on deposit with him. Such lenders are but borrowers, and the less we have to do with them the better. Those terms which we hear so often, "more banking capital," "more currency," and "relief to the business community" are mere flash phrases of the trade. They should deceive no body any longer. Capital comes from honest labor and not from financiering,--currency is a curse when not based on specie; and relief never comes by borrowing when we are in a financial crisis--it comes either by paying or by wiping out. The use of a bank consists in its being the hand-maid of commerce, and it mistakes its vocation when it regulates trade. Industry creates capital, commerce circulates it, and banks are properly a part of the machinery of commerce, and not its masters. When banks get above and beyond this their proper sphere, they become unsafe and enormously expensive. That credit will always exist in some easily portable and negotiable form, I know; and I am equally aware that commerce needs some such lighter forms of credit, but they should arise with the temporary demand, and expire after the occasion has passed which called them forth. Banks can aid by being the places through which balances are settled, and so far they are commercial conveniences. Commercial and financial derangements must however always be expected in a country where there is so much to tempt to commercial activity, and so little to restrain speculation. I think these revulsions would be lessened and mare shortlived, if we would not attempt to regulate what is better left to itself. VI. REMEDIES. I am fully convinced that we may, under the existing bank laws of Ohio, have good banks as the phrase goes, and as many as we need, if the bankers themselves will it; and I know equally well that good banks are never made by mere banking systems--hence I reluctantly suggest any remedies. It is ciltimed that our people are not ready for those efficient radical measures, which would take banking out of politics, and make it what it should be, a business of every day life like all other business, at least I deem their advocacy in this report unnecessary--but until we are ready to adopt them, we should continue to amend the bank laws we have, so as to render them as nearly perfeet as the nature of circumstances will admit of. With tliis view I would recommend as follows: 1st. That more stringent laws should be passed against the neglect of having the requisite amount of specie. 2d. That no bank pay out at its own counter any thing, but itL•. own notes or specie, and that all notes below twenty dollars be abolished. • 3d. That no non-resident of Ohio be permitted to hold any stock in any bank in Ohio. 4th. That no Ohio stockholder be permitted to be a stockholder, officer, or agent in any other bank in or out of this State. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -18- 5th. That the provisions against excessive borrowing of directors and stockholders be more clearly defined. 6th. That the provisions against too large an amount of indebtedness from any one firm, should be held to include banks and bankers. 7th. That the system of book-keeping, especially the naming of accounts, be rendered more perspicuous, and proper penalties fixed for failing to post the books regularly each day. 8th. That weekly statements be made out by the banks, and copies thereof sent to the Auditor, subject to publication through the press. These statements should give the name of every private or public bank to whom or from whom balances are due, and there should be heavy penalties against deceitful reports. No ephemeral values, nor any ascertained losses should remain on the asset side. 9th. That regular meetings of the directors be held each week, and their attention to business secured by suitable liabilities for all losst. resulting from their neglect. 10th. That every officer entrusted with funds by a bank shoulL give full security. • 11th. I unhesitatingly recommend that the maximum rate of Eastern exchange be fixed by law at one-auarter per cent., And that all laws which make Eastern exchange the basis of circulation be repealed. 12th.. That there be but one legal rate of interest for both banks and the community at large. These remedies are suggested, not as panaceas for the evils springing from banking, but aeipractical amendments of our bank law, and I think they would to some extent prove safe guards against some of the defects in the banks examined by me, and which I have noted in my reports. The reasons for them may be found in the preceding pages, and I trust they will meet Nith favor from those who have the power to enforce them. I have no special banking system to write up, nor do I feel any inclination to write any one in particular down. All banks are good, financially speaking, which have actual capital and sensible and honest men to manage them. The first cannot be supplied by the most adroit borrowing; nor will the kind of men just named stay in a bank which has no actual capital. The severest trials a bank officer has to undergo, are the peculiar temptations of his business. Against these, vigilant directors and stockholders are the best remedy. • It may surprise some that I recommend the fixing by law of the maximum rate of Eastern exchange. And yet every reason which can be given for fixing the rate of interest for banks, is still stronger for fixing the rate of exchange, and I am sure no less positive law will secure and preserve to Ohio a paper currency based upon the specie standard. No https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -19- • one is more fully convinced than the writer of this, that natural laws are the best regulators, and that in fact they eventually enforce their decrees by bitter experience, upon those who violate them. But it is also true, that where legislators invade these "higher laws," they must even patch up their errors as best they may. Our law-makers have committed two great errors; they have authorized a fluctuating paper currency, based upon Eastern exchange; and have established two rates of interest within the same State. My suggestions are based upon the facts around me, and in my opinion it is wrong to allow the same persons who give us our supply of currency, also to fix the rate of exchange. This is handing our business men over to them for the grossest spoliation. In conclusion, I would beg your indulgence if I have devoted more space to my report than may be justifiable. Accept for yourself and the Hon. Secretary of State, my most respectful thanks for the confidence placed in me. I fear that I have not fully met your expectations, but I assure you that I have honestly endeavored to examine strictly, and report truthfully. I remain, with high regard, Most respectfully yours, CHARLES REEMELIN. • • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Excerpts from Ohio documents relative to banking From Third Annual Re:ort of the Bank Commissioners, December 17, 1842, pp. 8-16. A very limited review of the past is sufficient to convince any one that banking, if continued by further legislative enactments, should be placed on a basis affording greater security to the public. To effect this security, a radical change in the system is deemed indispensably necessary. The want of proper restrictions and checks, to guard the public against imposition and loss, may be traced to the peculiar circumstances which brought banks into existence. Banking first originated in a public debt, and was established upon that kind of indebtedness now known under the popular name of State stocks. As might be anticipated, under such inauspicious circumstances, the creditors of the government dictated the terms on which their privileges should be granted. Hence, the public good was made subservient to the private interest of individuals. • At the present period, political economy is so well understood, relates to banking, that many of the errors of former legisit as so far avoided. The theory of banking has always rested on the be may lation assumption that it augments the active or productive capital of the country. Hence, Mr. Hamilton, the Secretary of the Treasury, in his report to the House of Representatives, on the 14th day of December, 1790, laid down the position, that "Gold and silver, when they are employed merely as the instruments of exchange and alienation, have been, not imiltperly, denominated dead stock; but when deposited in banks, to become the basis of a paper circulation, which takes their character and place, as the signs or representatives of value, they then acquire life, or, in other words, an active and productive quality." The experience of more than half a century since this opinion was expressed, has failed to convince the American people that gold and silver are to be regarded as dead stock, except when placedin banks as a basis for the issue of their paper. This idea, that gold and silver acquire life, activity and productiveness, only when placed in banks, as a basis for paper issues, rests upon the assumption that bank notes, to an indeterminate extent, may be thrown into circulation, and that a proportionate increase will be given to the commercial, manufacturing and agricultural interests of the country. The excess of bank notes over the specie basis, that may be safely issued, has been variously estimated at two or three to one. It is probable that no ratio of bank notes, as two, three or four for each dollar in specie, can be determinately settled upon as safe at all times and under all circumstances. • Various causes might be enumerated which would produce essential changes in the amount of bank notes in circulation. Among these causes are, a demand of specie for exportation; the collection of specie to establish https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis - 2 -- new banks, or to supply eastern banks; the demand for exchange, after excess of trade or speculation; and over issues of any kind will be followed by a return of the circulation for redemption. It seems to be a conceded point that banks cannot do what is denominated a regular banking business, without the confidence of the community in which their notes circulate. From this fact alone, the conclusion may be drawn that the system is radically imperfect. A bank, established on a safe and permanent foundation, with real and adequate capital, should be able to meet such of its liabilities as were, or could, at any one time, be presented for payment or redemption; but, on the other hand, if its capital were fictitious, consisting of stocks, stock notes, certificates of deposit, etc., the institution would require the factitious aid of public confidence to carry on its regular banking operations. The objection is not tolthe existence of public confidence, where the means of a bank are ample, but that it should sustain a bank in which they are wanting. Public confidence should not be permitted to form too great a proportion of banking capital. It cannot be said that in this State confidence has been unjustly withheld from the banks. The error has been on the other side, and the loss to the community has, in many instances, been severe in proportion to the degree of confidence bestowed. We lay down the broad proposition that a banking institution properly conducted, and having the means to meet its liabilities as presented. will find itself in the enjoyment of all the confidence it needs or desires. We have been led to the conclusion, from the examinations made during the presentAyear, that the banking capital in the State has paid but a very inconsiderng amount of tax in proportion to the sum total of property thus invested. The rate of assessment, for State, canal and school purposes, is five mills on the dollar. The capital stock of the twenty two specie paying banks, at the period of the first examination this year, was $6,894,989.03. If to this we add the capital stock of the Franklin Bank of Columbus, which is $412,280, the total amount is $7,307,269.03. On this amount of other taxable property, the taxes assessed would be $36,536.34, whilst the total sum received by the State, for taxes on bank capital, between the first day of December, 1841, and the first day of December, 1842, is $14,712.13. The tax collected on the capital stock of banks, is, therefore, considerably less than half the tax on other property; yet the money so invested has probably been as productive as that employed in other branches of business. The necessity, as well as the equity, of placing bank capital on the tax list, and taxing it in the same manner as other property, is apparent. • The charters of banks, heretofore incorporated in this State, are altogether too vague and indefinite in relation to capital stock. It is suggested that the amount of capital should be definitely fixed, without the power of increasing or lessening it, except by consent of the legislature. The amount of capital required can be ascertained with greater certainly at the time the grant is made, than by any estimate of what the future wants of the community in which the bank is located would probably be. It would be more safe to legislate for the present, and require a definite amount to be paid before the institution commences banking business, than to authorize a capital of a certain amount, with the privilege of this increasing it to four or five times that sum. One objection to https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -3 indefinite amount of capital, is the uncertainty that rests on the public mind as to the true condition of the institution. When the charter authorizes a capital of one hundred thousand dollars, with the privilege of increasing to five hundred thousand dollars, the bank, unless prohibited, will probably commence business when a portion of that amount is subscribed and paid, and the subsequent instalments, or increase of stock, will be made by an application of the dividends to that purpose, or by loans and discounts, which are, in substance, stock notes, whatever may be their forms or terms of payment. A reference to the reports submitted to the Legislature in February and July last, will suggest the propriety of prohibiting, by strong penal enactments, the directors and stockholders from making any assignment, transfer or surrender of stock, to the bank, in payment of debts, until the entire liabilities of such bank to the public have been discharged. The frauds of this kind have been enormous, and, in some instances, of the most aggravated character. In view of these frauds, and the danger of their repetition, it is questionable whether stock should, at any time, until the public creditors have been provided for, be received in payment of debts. This practice of assignment has been so common, that is prohibition may be supposed to operate unfavorably to the interest of the banks. The necessity for its adoption originated in the large amount of indebtedness by the directors and stockholders, and it may be dispensed with by avoiding the wrong which brought it into existence. If loans to directors and stockholders were limited within reasonable bounds, and such security given as should be required in other cases, there would be no great advantage accl'uing to the banks from the exercise of the right to r)urchase in their own stock. If it should be deemed advisable still to vest the banks with the power to purchase or receive their stock in payment of debts, it should be under proper restrictions and limitations. 1st. It should not be permitted when a bank is not regularly and permanently redeeming its notes in gold and silver. 2d. It should not be permitted when a bank is in an insolvent failing condition, or with a view to insolvency. or 3d. After failure, it should not be allowed until the liabilities of the bank to the public have been satisfied. 4th. In no case, except where a bank had no other means of securing a bad or doubtful debt. An effectual prohibition of loans on stock and stock securities, would supersede, in a great measure, the necessity for receiving stock in payment of debts. These loans and discounts are rarely paid, and by continuation from year to year, the capital of the bank is exhausted. The practice is a fraud upon the public. The capital stock is authorized as a https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -4 basis upon which its issues are to be made. If it be withdrawn upon stock notes, or stock security, the bank has no permanent available means to meet the redemption of its paper. We would particularly direct attention to the necessity of keeping the capital stock unimpaired, and to effect this object, all stock received in discharge of debts should be immediately sold. If instances occur in which the interest of the bank may be advanced by a transfer of stock in payment of debts due the institution, we have on the other hand cases of glaring fraud upon the public in the exercise of such a power by order of the board of directors. Perhaps stronger illustrations of this practice cannot be given than those heretofore submitted in relation to the German Bank of Wooster and the Bank of Steubdnville. That adequate protection has not been given to the billholder,to secure him against loss and imposition, is a plain and evident fact that cannot be controverted. The bank explosions in 1841, and the beginning of the present year, have demonstrated it so clearly that it cannot be overlooked. The assets of the broken banks, if judiciously and honestly applied, are, in most cases, inadequate to the redemption of their paper in circulation, and the discharge of their other liabilites. But even these means, limited as they are, have, in some instances, at, or about the time of failure, been fraudulently withheld from the public, by sales, assignments, transfer cf worthless stock in discharge of real indebtedness, replevin, and other devices. Whatever the nominal capital of a bank may be, its real banking capital consists in specie, and such funds as are immediately available in redeeming its paper, and these should in no case be so diminished as to render it incapable of meeting any demands that may be made upon it. Perhaps no subject has exercised the mind of man more than that of substituting paper for gold and silver, as a circulating medium. As yet, no plan has been devised which has furnished a paper currency uniformly and permanently equivalent to specie. Bank notes have, in many instances, obtained a high degree of credit; but that credit, by leading to over issues and improvident speculation, has too often been the cause of subsequent suspension or failure. All experiments to keep bank notes uniformly of the same value as gold and silver, have proved abortive; and the position, whether true or false, has long since been laid down, "that it is impossible to organize secure banks of issue." So far as we are enabled to trace the subject, the history of banking has rather tended to confirm, and establish, the truth of this position. • Theoretically, it would appear to be impossible to make bank notes, as the representatives of gold and silver, take their place as a circulating medium, to the extent of two or three times their amount. The amount of https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -5 notesEuspended in circulation, is subject to great and sudden changes; and whenever doubts arise as to the solvency of a bank, or its ability to redeem its notes, there will be a demand for specie, and this demand is most likely to take place at the very time the bank is least able to sustain itself under a heavy call for the precious metals. Whatever the cause may be which operates to impair the confidence of the public in a banking institution, its tendency is to throw its paper back for redemption; an over issue is sure to produce an exportation of the precious metals; a large amount of bank notes in circulation will excite fears and insecurity in the public mind, and the inevitable consequence is a run for specie. • The history of banking, as well as the facts connected with recent failures, furnish proof in corroboration of the position already quoted, th:..t, banks of issue, perfectly secure, and able at all times to redeem their notes in gold and silver, cannot be organized. The Bank of England was chartered in 1694, and suspended the payment of its notes in 1696. In 1745, the bank was so reduced in specie, that the directors resorted to payments in shillings and sixpences, in order to gain time. In 1797, Parliament agreed to a restriction, prohibiting the directors from paying their circulation in specie; and a suspension of specie payments, under this restriction, continued for a period exceeding twenty four years. The amount of notes in circulation at the commencement of the suspension, Was 8,601,964 pounds sterling. Instead of diminishing the amount of circulation, it was increased, in the first twenty years of the suspension, to 30,099,908 pounds sterling. During the continuance of this suspension, the paper was greatly depreciated. The depreciation was small for a few of the first years, but gradually increased, until it amounted to twenty five per cent. In 1825, soon after the resumption of specie payments had taken place, the Bank of England was again nearly drained of specie, and, as a temporary expedient, made an issue of about a million of one and two pound notes. In France, the failure of the Royal Bank produced an amount of ruin and distress that is probably unparalleled in the history of banking. When the circulation of this bank became enormous, and a heavy demand for specie unavoidable, edicts were passed making the notes a legal tender in payment of rents, customs and taxes; restricting payments in specie to small sums, and prohibiting any individual or company from having more than five hundred livres in coin, under penalty of fine, and the confiscation of the specie found in his or their possession. • The standard of gold and silver was several times altered, to make it correspond with the depreciated condition of the notes in circulation; and these alterations were continued, until it was reduced to half its value, at the time the bank was established. Successive edicts were passed, gradually reducing the value of the notes, until they sunk to half their nominal value. All confidence in the Royal Bank was destroyed by these acts, as other edicts might declare them worthless. That something might be saved to the holders of these notes, the demand for redemption became general, and the bank closed its doors in preference to paying out its coin. So great was the distress that followed this revulsion, that it was difficult to obtain a sufficient amount of specie to purchase the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 6 • necessaries of life. explosion took place, made a proposition to cent., and closed the The Royal Bank had a circulation, at the time the equal to 2,235 millions of livres. The government fund these notes, at an interest of about two per scene b. prohibiting their circulation. In the United States, the failure of banks has formed no inconsiderable part of their history, and we have become accustomed to the suspension of specie payments. It would be useless to enumerate the instances of bank explosions and suspensions in Ohio, as there is scarcely an individual who has not suffered from their frequent occurrence. The great and fundamental error in the banking system, may be traced to the want of individual liability of the directors and stockholders, to pay the debts they contract, and redeem the paper they put in circulation. Heretofore, in granting bank charters, it has been deemed sufficient to make such property only, as already belonged to the corporation, instead of the property of the members, liable for the redemption of its notes issued, and the payment of other debts. With this exemption,of the persons composing the corporation, from all liability in their natural or individual capacity, there were no effectual checks against fraud, or the conversion of corporate into private property, in the hands of the same person. The same man, in his corporate capacity, might be poor, but, as an individual, he might be rich; and his wealth, in a great measure, drawn from the profits or spoils of the corporation of which he was a member. That which he held asan individual, although, perhaps, derived from the profits of the corporation, could not be taken to discharge the debts which the corporation owed. It is apparent that some effectual remedy should be applied to the evils and abuses of banking in this respect. As, between the bank and the billholder, whether legally so or not, the power rests with the former. Single-handed, the billholder cannot contest, successfully, his rights against the moneyed influence 4 a bank. Payment on a bank note in his possession, which, to be the representative of money, should at all times be equivalent to specie, is refused. While kis he is proceeding, in the ordinary forms of law, to enforce payment, the corporation, so far as its means of discharging the debt is concerned, may have changed its form of existence, or utterly and hopelessly failed. The property of the corporation may have passed through so many mutations, and become so essentially changed, as to elude the vigilance of the sheriff in obtaining and identifying it as the property of such corporation; and none but those interested in defeating the creditor of the bank would be able to recognize it in its new form of existence. • The whole bank may have been sold to some petty insurance or other incorporated company, and the property, as the assets of such company, assigned to individals who claim and exercise a control over the portion of it, which cannot be concealed from the public. And still it may be , 2ossible that the individuals, who claim the property as trustees or assignees, may have been, not only the members and managrs of that company, but also the officers and stockholders of the purchased bank--the agents of the sale-the authors of the assignmant, and the receivers of the goods. The property after all its changes, is still in the same hands that, it was while in the https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 7 bank; and the individuals who control it, are bankers, corporators, trustees or assignees, as circumstances require, with the same private interests to subserve in each of those capacities. Again, after the capital of a bank is exhausted, its specie exported, its doors closed, and the redemption of its notes refused, the directors authorize a surrender of the stock to the bank in payment of debts, by which the stockholders discharge their own direct liabilities to the institution, by a transfer of stock, which would not sell for one per cent. in market. The history of the past has proved that frequent and heavy losses have occurred from bank failures. This loss mist fall upon one of two classes of men--upon the bankers, or the billholders; and it would appear to be the duty of the legislature to decide upon which of these classes it should rest. To determine this question, would lead to an examination of the relations which the stockholders and the community bear to each other. If those relationa are reciprocal, then the losses diould be borne equally by both; but if the management devolve, exclusively, on one party, and the profits also inure to the same, it is clearly right to fix the responsibility upon that party having both the control and the profits. • In the organization and management of the banks, the control over their discounts, and the decision as to what persons or classes of persons shall be accommodated, the people have no more direction than in the affairs of private individuals. On the contrary, the transactions of banks are kept with greater secrecy than the ordinary business of private persons. The names of individuals indebted to the banks are scrupulously concealed from the public, and the commissioners, authorized to examine their condition, are prohibited by law, except in certain cases, from making a disclosure of the names of debtors. The principal objection urged against the propriety of making the stockholder liable, in his individual capacity, for the debts contracted under his corporate name, rests upon the ground, that the corporation is a distinct and separate body, acting under a charter granted for specific purposes; and, as such, the stockholder of a bank incurs sufficient risk from the danger of losing that part of his property invested as bank capital. • Notwithstanding, the bank may be regarded as having a distinct and separate legal existence, yet the charter was granted for the benefit of the stockholders, consequently, the accruing profits, instead of being kept as a fund to discharge the debts of the corporation, or to meet its losses, are, semiannually, divided among the stockholders, and, thereafter, become private property beyond the reach of an execution against the bank. And here is the distinction between a natural person and a corporation. The natural person retains his accumulated profits, and they become a part of his property, and are liable, at all times, for the pyryment of his debts; but the corporate body, instead of retaining these profits to pay its debts, or meet any losses that may occur, divides them among the stockholders. Individual liability, instead of dividing the profits among the stockholders, and the losses among the people, proposes to divide the losses, https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 8 41/ as well as the profits, among the persons composing the body corporate. Our last report furnished one case, in particular, which will illustrate the views above expressed. The Lancaster Ohio Bank, now closed, by mandamus, as an insolvent institution, declared dividends from 1817 to 1839, averaging thirteen per cent. If the balance of these profits, after paying the stockholders six, or even ten per cent., had been retained by the bank as its corporate property, the necessity of suspension and failure would have been avoided, and the institution at this time, would have been able to redeem its notes in gold or silver. The issue of notes at points distant from the place of payment, by a part of the banks. In some instances this is continued still is effected through the agency of the banks, themselves, by a mutual exchange, for the purpose of paying out each others notes at their respective counters. In many cases the money is paid out through the agency of individuals, who receive it in sealed packages, and render an account to the bank of the time the packages are broken for the purpose of paying them out. When the bank is informed that a package is broken, the amount is charged to circulation. Large sums are thus placed in the hands of individuals, and in banks, to be paid out in the purchase of eastern bills, and for other purposes. In one instance a single banking institution had $140,000 sent abroad, which were not set down as notes in circulation. • In this system of exchanges, whether through the agency of banks or individuals, the bank cannot know the exact amount of its circulation. The agent becomes the issuer, and between the time of issue by him, and the receipt of intelligence SF from him, the bank is unable to ascertain the exact amount of outstanding notes. If the agent withhold the information, the paper may be long in circulation without the knowledge of the bank. The propriety of prohibiting the exchange of notes for circulation; of prohibiting the employment of agents to pay them out at places remote from the bank; of requiring banks to adopt a well regulated system of settling balances, and of paying out, at their counters, mile but their own paper, is suggested for the consideration of the General Assembly. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Cri:do 411 May 1, 1953 Aiss Elizabeth C. Biggert Manuscript Librarian The Ohio State Archaeological and Historical Society Ohio State Museum Columbus 10, Ohio Dear Miss Biggert: Thank you for your letter of April 29. describe may well be of importance to our study. The material you We would like to obtain additional information regarding this material so as to be able to decide when someone should be sent to Columbus and approximately how long it would take. Could you arrange to have the material spot-checked by one of your staff or perhaps by a part-time worker? The information we desire should not take more than several hours or, at most, a day to secure and we would, of course, be willing to pay whomever you hire at the regular hourly rate. Specifically, we would like to know: (1) approximately how are included in the packages of correspondence (no more letters many estimate) (2) whether the letters are to p or from, rough very a than (3) what kind of letters are involved i.e., do Control of the Board routine letters or do they cover a range of brief be they seem to of material is included in the packages desigkind what subjects (4) "Bank deposits and receipts of banks in Ohio. as letter your in nated can be answered after examining one or questions these I assume that would not be necessary to go through that it and packages, the two of them. of all So far as items (3) and (4) are concerned, I think in addition to an opinion it would be helpful if several photostatic copies were made. I imagine that it would be sufficient to photostat two or three of the more typical letters and one or two of the sheets included in the second group of packages. It would not be necessary to make positive copies; negatives are sufficient. The bill for photostating, along with the bill for necessary labor, should be sent to Edison H. Cramer, Chief, Division of Research and Statistics. Let me express again our appreciation for your thoughtfulness in informing us of the existence of this material. Also, I am very grateful for the kind assistance you gave me while I was at your library. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Very truly yours, Carter H. Golembe Financial Economist Division of Research and Statistics https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis THE OHIO STATE ARCHAEOLOGICAL AND HISTORICAL SOCIETY Ohio State Museum Columbus 11 April 29, 1953 Mr. Carter Golembs !admiral Deposit Insurance Corp. National Press Bldg. Washington 25, D. C. Dear Mr. Golembe, Since your visit here, I have found a number of packages of material of the Board of Control of Ohio banks. It was moved and stored in with a large group of Ohio canal papers. Following is a list of what I have found: Correspondence of the Ohio Board of Control, 1846-49, 1850-53, 1852, 1853, 1855, 1856, 1858, 1862, 1 1 1 1 1 1 1 1 package package package package package package package package Bank deposits and receipts of banks of Ohio, Board of Control. 1838-39, 1 package 1844-54, 1 package 1847-51, 1 package 1854-58, 1 padkage 1859-63, 1 package I made a fairly thorough search, but there may be additional material which fills in the gaps in the years given above. If you decide to come back to look at this material, please let me know, so that I can be on hand to show you where it I. Sincerely yours, (Miss) Elizabeth C. Bier' Manuscript Librarian CO:ls Stet April 20, 1953 MEMORANDUM TO: Dr. Cramer FROM: Mr. Golembe SUBJECT: Trip to Columbus, Ohio, April 12-17 The trip to Columbus, Ohio, was for the purpose of securing information re1atin4 to the operation of the State Bank of Ohio between 1845 and 1865. This information is available only from actual records of the State Bank, many of which were deposited in 1936 at the library of the State Archaeological and Historical Society or at the State capitol building. Not all of the records deposited with the library of the State Society are still available. Some are presumed to have been lost in a fire in 1951 and, because it was necessary to move the records a number of times since 1936, some others could not be found, either :41 me or by the library staff. Hovever, a group of important records was located, including: https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis (1) Two bound volumes containing written copies of letters from officials of the Board of Control of the State Bank to the Branch Banks, 1848-55 (approximately 1,100 pages). (2) Eight volumes of letter-press copies of similar correspondence, 1856-65 (approximately )4,000 pages). (3) Two volumes of monthly reports of condition of the Branch Banks, 1846-48 (approximately 75 pages). (4) Reports of examination of the Branch Banks, 1860-65 (not complete for all dates or all Branch Banks). (5) Miscellaneous papers of the State Treasurer which included some papers of the Board of Control, various dates. (6) Miscellaneous records of the Board of Control relating to, e.g., cash accounts with Branch Banks, mutilated notes, stock retirement, cancelled notes. -2- Material described in items (1), (2), and (3) viii be of great assistance in the preparation of our study. I arranged to have the volumes described in items (1) and (3) microfilmed and sent to us. The total cost of the microfilming is estimated to be approximately 00, and, in my opinion, represents a saving to the Corporation over what it would cost for me to remain at the library for from three to five additional days. The eight volumes described in item (2) are being loaned to our library for a period of one month, the time to be extended if necessary. As you knov, manuscript volumes are rarely permitted to leave a library and this action by the library of the Society vill result in a considerable saving to us, both in time and expense. Consequently, I suggest that a letter to Miss Martin, head librarian, or Mt. Zepp, director of the State Society, thanking them for their kindness in this matter, might be appropriate. Records described under items (4), (5), and (6) were examined by me at the library and the necessary information taken from them. For the most part, they contained little which can be assistance to us. Of the records known to have been at the library of the State Society in 1936, only two which would appear to be of interest were not located: the letterbook volume covering the first three years of operation of the State Bank, 1845-48, and, second, the monthly reports of condition of the Branch Banks, 1849-65. It is opinion of Miss Biggert, librarian in charge of manuscripts, that these records may be included in the mass of severely burned and Charred records which were salvaged from the 1951 fire. These records, which are not now usable, will eventually be restored and Miss Biggert has agreed to notify um if the State Bank volumes described Above are located. Despite a thorough search by myself and Mr. Rutherford of our Columbus office, records stored in the State capitol building could not be located. Our information was that the records were placed in storage room number 2 in 1936. Unfortunately, in the subsequent reconstruction of the basement of the State capitol building soon arterward, all trace of the records, and even of storage room number 2, disappeared. Present storage rooms of the State Treasurer, State Auditor and the Governor, were searched by us bUtno records could be found. Mr. Creviston, assistant State Treasurer, Mr. Bartholomew of the State Auditor's office, and Mts. Hammel of the Governor's office, were exceedingly helpful and assisted in the research but neither they nor several other people in these offices knew of the existence or present location of the records. Mr. Rutherford and I also visited other State offices and, further, interviewed several building custodians and contacted the building superintendent, but without success. I also visited Mr. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis MOM https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -3- Defenbacher, Commissioner of Finance, and Mt. Brehm, head of the library at the State Office Building, Mr. Hazard, Superintendent of Banks, and Mr. Hampton, vice-president of the Huntington National Bank, but could secure no information as to the records. Apparently these records were either lost during the period when the capitol basement was being reconstructed, and will come to light only by chance in some future shift of records, or, as Mr. Hazard suggested, were destroyed in a fire a number of years back which consumed some records which his department had accumulated. However, it is important to note that the bulk of the records important to us had originally been moved to the library of the State Society and, as described earlier, most of these have been located. While at Columbus, I had the opportunity of meeting with: Mt. B. G. Huntington, Chairman of the Board of the Huntington National B,tnk; Mr. Belford P. Atkinson, executive manager of the Ohio Bankers Association; Mr. Thurman R. Hazard, Superintendent of Banks; and Mr. L. A. Stoner, president of the Ohio National Bank. All of these gentlemen shoved marked interest in the study we are making and were particularly helpful in suggesting sources of information on the State Bank. Unfortunately, because of a conflict in dates, I was not able to meet with Mt. Tracy, State Treasurer, or Mr. O'Neil, Attorney General, but, as noted, I did visit their offices in the course of searching for records at the capitol and received very friendly assistance. During my entire stay at Columbus, Supervising examiner Mounts rendered all possible assistance to aid in the work. The very friendly cooperation extended to as by Mr. Mounts and his staff was particularly heartwarming and made the task of locating information easier and more pleasant. MEMORANDUM Dr. Golembe TO: FROM: Helen Thompson SUBJECT: Behavior of circulation and individual deposits in relation to changes in reserve requirements, Ohio, 1853-1857 Actual orders pertaining to reserve requirements issued by supervisory authorities appear to be somewhat vague. However, a few evidences of resolutions passed in this regard may be found in extracts from the correspondence of the Board of Control, State Bank of Ohio. On August 23, 1852 a communication indicates that a resolution of the Executive Committee was put forth as follows: "Resolved: That the President...ascertain whether it is deemed best in view of the cheapness an abundance of money to enforce the orders of the Board at last session directing a withdrawal of circulation and an increase of specie basis." During the five months following the above resolution circulation continued to increase and did not contract until February 1853, or six months after the resolution was brought out. In the case of individual deposits there was a contraction immediately following issuance of the resolution but as of October and subsequently, the tendency was toward an expansion. On January 23, 1854 it was noted that several branches were deficient in the amount of the required specie reserve and it was further pointed out that 20 percent in specie in vault was the requirement at the time. Following this reminder to branches there was a contraction in circulation for the next seven months and an even sharper contraction in the amount of deposits. On Novetber 21, 1857 a communication to a member of the Board of Control pointed out that a resolution was adopted which ordered that coin be brought up to "20 percent on circulation in 60 days and thereafter 1/2 percent per month until the amount is to 30 percent." The reaction of circulation (which had been declining since October) vas further contraction for the next three months and thereafter a trend toward expansion. The reaction of deposits (which were declining since the middle of 1857) was continued contraction until the end of the year, and thereafter irregular fluctuations. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis December 14, 1954 MEMORANDUM TO: Dr. Golembe FROM: Helen Thompson SUBJECT: Supplement to memorandum dated December 13-.:Behavior of circulation and individual deposits in relation to changes in reserve requirements, Ohio, 1853-1857 Despite the August 1852 recommendation to increase the specie base and contract circulation, circulation shoved a continued expansion (as was also the general trend of individual deposits) for the next five months while specie continued in its decline for the next two months. Beginning November 1852 and through January 1853 specie Aid increase but in February 1853 again proceeded to decline rather markedly to the middle of 1853. It was not until February that circulation began to decline, and then at a rate considerably lower than that of specie. After the January 1854 reminder of the 20 percent specie requirement there was an immediate contraction in circulation and deposits but also a general decline in specie held. The November 1857 order requiring an increase in the specie held was followed by an increase in the specie for five months, a contraction in circulation for the next three months and a small contraction in deposits for one month. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis LIST OF ITEMS REGARDING THE BOARD OF CONTROL OF THE STATE BANK OF OHIO INDEXED AT THE OHIO STATE MUSEUM AMONG MATERIALS FROM THE TREASURER'S OFFICE (Materials are located at the Museum, except those marked "Capitol,' 0 President's accounts with branch banks Report of Branch banks--1844-66 Statistics of Bank and Branches--monthly, 1846-64 Stock certificates--record with Treasurer of State for security of circulation 1856-69 Register of drafts and certificates--1848-59 Correspondence--1840-77 (partly at Capitol) Receipts of deposit --reports of daily deposits, 1838-39, 1844-63 Cash journals, cash account ledgers, and expense ledgers, 1842-59 Safety fund ledger--1855-62 Letters--1846-76 President's correspondence to bank--letter book Miscellaneous papers--1844-67 Miscellaneous reports-1848-54, 1860-68, 1850-55 (partly at Capitol) Cancelled checks and bank notes--1837-60, 1851-63 (partly at Capitol) Protested notes--1850-54 (Capitol) Ledger of unidentified and mutilitated notes Order book--ordering notes, 1856-62 Receipt book Report of receivers (especially Commercial Bank of Toledo)--1855-69 Stockholders' register-1855-56 and 1862 Resolutions and minutes of meetings-1850,1857,1861-66 (Capitol) Vouchers, records, and oaths of election-1852-61t- (Capitol) Invoices, receipts, vouchers--1849-67 (Capitol) Warrants and vouchers-1558,1864 Weekly statements--1846-51--Canal Bank • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis FEDERAL DEPOSIT INSURANCE CORPORATION WASH I NGTON May 3, MEMORANDUM • TO: Clark Warburton FROM: Carol Colver SUBJECT: Guaranty of bank obligations in Ohio The State Bank of Ohio played a major part in the banking system of Ohio during the two decades preceding the Civil War, but it did not immediately supplant the old banks in existence when it was authorized or prevent the growth of a system of independent and free banks authorized during the same period. Private bankers and brokers also performed a considerable proportion of the banking business in Ohio during the period, although the actual extent of this business is unknown. Judging from the statistics available and from the comments of writers of the period, the State Bank of Ohio appears to have been safer than the other classes of banks in operation during its existence, and just about as profitable. I. HISTORICAL BACKGROUND The act providing for the State Bank of Ohio and the independent banks marked the close of a period of haphazard and contradictory legislation and bank supervision which had not provided a safe and adequate banking system. Of the thirty or forty banks chartered by special acts of the legislature between 1811 and 1834) eight were in active business in 1845, and the legislature was face,, with a choice between renewing the charters of these banks and a few others which had started liquidation or of setting up an entirely new banking system. Up to this time, the efforts of one legislature to regulate by law capital, specie reserves against circulation, and banking practices in general had been nullified by acts of the following legislatures repealing this restrictive legislation. Many of old banks failed after the panic of 1837 when they could not redeer their notes which were secured only by loans and discounts depreciated in value in the depression years. Others suffered because of the failure of the State government to repay the money It had borrowed from them, and still others were organized for purely speculative purposes and fraudulently issued large quantities of circulation without any security whatever. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis PP- Memorandum to Clark Warburton -2- May 3, 1940 A law providing for the incorporation of banks and for a safety fund for the redemption of their circulating notes was passed in 1842, but there is no record of any banks organized under this act and it was repealed February 24, 1845, the day the act providing for the incorporation of the State Bank of Ohio and other banking companies was passed. The Board of Bank Commissioners, established in 1839, continued until the law of 1845 went into effect. In their annual report of the condition of banks under their supervision for 1842, the commissioners made many recommendations which were embodied in the law of 1845, particularly with respect to fixing the maximum capital stock to be paid in before the banks could commence business, reqairing individual liability of stockholders, regulating loans and discounts, and requiring security against circulating notes. II. TIT LAW OF 1845 • The act of 1845 creating the State Bank of Ohio and providing for the incorporation of independent banking companies continued in force without important amendments until the National Banking act of 1863 supplanted it. The free banking law of 1851 did not modify the provisions of the earlier act affecting the banks chartered under its authority. Organization of banks. The banking act of 1845 created two banking systems which were to operate side by side, the ,State Bank of Ohio and the independent banks. The State was divided into twelve districts, the maximum number of banking companies for each district was fixed, and the Board of Commissioners, composed of five persons named in the act, was given sole power to a_prove the organization of banking companies either as independent banks or branches of the State Bank. In 1846, the Boird of Control of the State Bank c;as given the power to issue certificates to newly organized branches, except that its refusal to issue a certificate to commence business might be overruled by the Boar' of Commissioners. With the exception of provisions relating to the safety fund and the Board of Control created to supervise the operations of the branches, the restrictions and regulations imposed on the branches of the State Bank and the independent banking companies were practically identical. A minimum capital of $100,000 was required for the organization of a branch of the State bank, while independent banks could organize with a capital of $50,000. The branches of the State Bank were really individual commercial banking units, not brunch offices of a single bank, as we use the term "branch" today. Each branch had its own board of directors and capital stock and received deposits and made loans independently of the other branches. The Board of Control, which consisted of one member appointed by the board of directors of each branch, was a superviaory body and https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Memorandum to Clark Warburton -3- also administered the safety fund. Banking companies whicn elected to become branches of the State Bank were required to deposit ten percent, in cash or in certain stocks, of their authorized circulation with the Board of Control as a safety fund. New branches or independent banks could be organized by arv group of individuals "not fewer in number in any case than five", sub,ea, II III I I! II I III I to the restrictions and conditions of the act, or existing banks could avail themselves of the opportunity to continue their business after the expiration of their charters by meeting the requirements of the act. The aggregate amount of capital of newly organized companies of either type which could be authorized under the act was $6,150,000, but this did not include the capital of existing banks which might be authorized to continue operations. A number of old banks which had begun to liquidate following the expiration of their charters in the early 1840's availed themselves of this opportunity to become branches of the State Bank or independent banking companies, but eight old banks cIItinued under their old charters. • Seventeen branches of the State bank and ten independent banks were organized during 1846 with deposits and circulation of $3.6 million in the branches and $1.5 million in the independent banks. Deposits and circulation in the old banks for that year aggregated $4 million. By 1850, 41 branches had been organized, but there were still only twelve independent bunks. After the passa,;e of the free banking law in 1851 permitting banks to organize with capital of $25,000 to $50,000 and to issue circul-ttion based upon public stocks of Ohio or the United States deposited with the Auditor, a number of free banks were organized. For about six years, until the last old bank failed in the panic of 1857, there were four banking systems in operation in Ohio. Four savings banks, modelled on the New England mutual savings banks, were also organized during this period but there is no data regarding the volume of business done by them since they were not under state supervision. Deposits guaranteed. Under the provisions of the 1.Jw of 1846 regarding the safety fund of the State Bank, only the circulating notes of the branches were guaranteed. There was no provision for the mutual guarantee by the branches of deposits or other bank obligations. Until 1863, however, circulating notes formed more than two-thirds of the deposit obligations of the branches. • Assessments. Each branch was required to make an initial contribution to the safety fund of ten per cent of its authorized circulation and if it increased its paid-in capital, and therefore its circulation, it wao required to make an additional contribution of ten per cent of the increase. There were no annual assessments. If necessary a special assessment, based on the authorized circulation of each branch, could be liteviel on the branches to make up the sum requi to redeem the notes of the failing branch. The branches were to be https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -Iemorandum to Clark Warburton • -4- remunerated for such contributions as soon as the failed branch could be liquidated, and if sufficient money remained, the safety fund was to be reimbursed. Administration of the fnnri and method of liquidation. al,. Board of Control was responsible for the custody and operation of t_ safety fund. The contributions were paid to the Board at the time it issued circulation to the branches. The fund was to be invested in stocks of the State or of the United States, or in bonds secured by mortgages, subject to certain restrictions. Income from the fund was to be paid to the branches according to the proportion of their contributions invested. A branch was to be declared insolvent if at any time it failed to redeem its notes in gold and silver, and the Board of Control was to appoint a receiver immediately upon verification by an examining committee of the suspension by the branch of payment of its notes. Aft r 1848 the Board was also empowered to close the branch and appoint a receiver if any of its orders was not complied with and the court granted it an injunction. If the money derived from the sale of stocks deposited by the failed branch with the safety fund was not sufficient to redeem its notes, the special assessment was then to be levied on Lhe solvent branches. Returns thereafter received from the liquidations of the assets of the failed branch were to be applied first to reimburse all moneys advanced by the branches for the redemption of the notes and bills of the insolvent branches; second, to reimburse the safety fund; third, to discharge the remaining liabilities of the branch; and fourth, to be divided among the stockholders proportionally. The salaries of the members Of the Board of Control . dere to be paid by the respective branches. No specific provision was made for other expenses of administering the fund. Supervisory powers of the Board of Control. In addition to the powers to issue certificates to brunches commencing business and to appoint receivers, the Board of Control had supervisory powers over bank operations designed to safeguard the branches from losses resulting from unsafe and speculative practices. The Board had the power to examine the branches whenever and as often as the members deemed proper, and specifically when it had received information that a branch had committed an act of insolvency. It could require any branch to reduce its circulation or other liabilities within the limits necessary to secure from loss either the dealers with such branch or other branches. It might give orders to do or cease to do anything which it might deem necessary for the security of such branch or any other branch or branches. This last provision permitted broad discretionary powers over all operations of the branches. According to information available from all sources, the Board exercised these powers conscientiously, on one occasion keeping two branches under close https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • -5-- May 3, of years, and ultimately 5 of the 41 branches. Statutory limitations. The principal statutory limitations on the operation of the branches of the State Bunk, under the 1846 law, are summarized below. Responsibility of officers, directors and stockholders: Losses resulting from violations In personal and individual of the act or provisions of the capacity for all damages charter knowingly permitted sustained by the company, shareholders or any other persons, body politic or corporate Limitations on loans and investments: Loans to directors Loans to stockholders • Maximum to single borrowers If reserve is impaired Limitations on ownership of property: Maximum value of banking house and fixtures Time limit on real estate acquired by collection of debt Ownership of other real estate Ownership of corporate stock Collectively one-fourth of capital stock paid in and owned 1/ Collectively one-third of capital stock paid in and remaining 1/ Period not to exceed six months One-tenth of authorized circulation No new loans if specie reserve falls below 20 per cent of circulation or below 30 per cent for 12 days Such as may be necessary to convenient transaction of its business No longer than necessary to avoid loss Prohibited Prohibited, except to prevent loss on debt previously contracted Limitations on circulation, deposits, and borrowings: Maximum circulation May be twice first $100,000 capital stock it " 1 1/2 times second 100,000 tr " t1 Tt Tr 1 1/4 times third 100,000 " It tt " IT I once fourth 100,000 II It II ?I each additiona 3/4 l 100,000 ;IaX1MUM deposits No provision Maximum borrowings No provision In case of directors, one-third, and of stockhnliors. one-half of capital stock 'aid in, including liabilities, as drawers or indorsers of born fide foreign bills of exchange, drawn in this State and payable out of this State. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis II/ Memorandum to Clark Warburton -6- Required reserves: Total amount of required reserves May 3, 1940 30 per cent of outstanding notes of circulation One-half in gold and silver coin in its vault Actual deposits with any solvent bank or banker of established credit in New York, Boston, Philadelphia or Baltimore, subject to be drawn against at sight Proportion of reserve required to be actual cash Character of balance Limitations on paYment of dividents: If losses exceed undivided profits or net profits If reserve is impaired If capital is impaired Required reports: Assets and liabilities III. Prohibited Not to be paid if reserve falls below 20 per cent of circulation or 30 per cent for 12 days Not to be paid if losses equal or exceed undivided profits To be filed with Auditor four times a year, twice after semiannual payment of dividends NUMBER AND DEPOSITS OF BANKS IN OHIO, 1846-64 Because of the lack of accurate information for some years and the existence of conflicting information from several sources for other years, only the crudest estimates of the number of banks of any type in existence each year were possible, and no estimate can be made of the number of private banks operating during the period. Table I was built up from all available sources to give a rough idea of the trend in the number of State-chartered banks over the entire period and the proporation of all banks participating in the safety fund (i.e., the branches of the State Bank of Ohio). Sources of information. The primary sources of information as to the number of branches and banks in active operation were the annual or special reports of the Auditor of State relating to banking. Since the Auditor nowhere published lists of suspended banks, such a list was compiled from Knox' History of Banking. and sc,veral magazine articles about banks in Ohio during the period, and banks on this list were excluded from the number of operating banks after the year of their suspension whether they appeared in the Auditor's reports for that year https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis S Memorandum to Clark Warburton -7- May 1940 or not. In some cases it was apparent from an inspection of the statement of condition given in the Auditor's report that the bank was in liquidation. The secondary sources were also used to determine the number of banks in operation for the period 1847-55 when the Auditor's reports did not publish statements for all types of banks. Number of participating banks. The proportion of branches of the State Bank to all banks in the State increased rapidly from less than 50 per cent in 1846 to 71 per cent in 1850. After the passage of the free banking law in 1851, the percentage dropped to about 58 per cent following the organization of a number of free banks, but these were small banks and did not take a proportional share of deposits away from the State Bank as Table 3 shows. During the period 1854-57, when a number of bank failures occurred and many banks discontinued active operations, the proportion of branches to all banks in the State again increased although the total number of branches had declined from 41 in 1851 to 36 in 1854. • Deposits of _partici_.pating and non-participating banks. For purposes of comparison with the types of bank obligations insured today, circulation was included in the computation of total deposit obligations of Ohio banks. Table 2 gives the amount of deposits and circulation held by each type of bank in Ohio for each year during the period. The only deposit obligation guaranteed by the safety fund was the circulation of the branches of the State Bank. Table 3 gives the percentage ratios of deposit obligations held by each type of bank to the total held by all banks in Ohio, the ratio of insured deposit obligations to the total deposit obligations of all banks and of the branches of the State bank. Until 1851, the proportion of total deposit obligations of all banks held by branches of the State Bank was not as high as the ratio of their number to the total number of banks. Despite the organization of a number of free banks in that year, deposit obligations of the State Bank thereafter represented a much larger proportion of total deposit obligations thcn the number of branches to the total number of banks, particularly after the bank failures of 1854-57. Circulation represented the bulk of deposit obligations of the State Bank from 1846 to 1862 when it was forced out of existence by Federal taxation. During the period 1857 to 1861, circulation of the branches represented more than half the total deposit obligations of all banks in Ohio. Concentration of bank deposits. Table 4 gives a distribution of branches of the State bank according to amounts of deposits and circulntion for the years 1855 and 1862. A distribution of branches https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Memorandum to Clark Warburton -8- May 3, 1940 on the basis of circulation, the only figure available for 1850 and 1852, reveals substantially the same grouping. There was little concentration of risk with respect to guaranteed obligations during the period, as Table 4 shows. In 1855, nearly all of the branches had circulation between $100,000 and $250,0001 and most of these branches had circulation very close to the group average of $193,000. A higher degree of concentration was shown in other deposit obligations, but this did not affect the distribution based on total deposits and circulation much, since circulation amounted to approximately twothirds of total deposit obligations. IV. OPERATING RESULTS OF THE SAFETY FUND LAW There is little in the records of the operations of the State Bank of Ohio to indicate that the system was not completely successful and a fairly adequate answer to the banking needs of the State during the twenty years of its existence. The incidence of bank failures appears to have fallen most heavily on banks not participating in the safety fund, and the losses from the comparatively few branch failures do not appear to have been very great. Furthermore, while many banks in Ohio voluntarily liquidated or became private banks, presumably because their operations under State charters were not profitable, the branches with one exception continued to operate profitably throughout the period. Bank failures. Between 1846 and 1865, at least seventeen suspensions of State chartered banks occurred in Ohio, or about 21 percent of the total number of banks organized during the period. Of these, only five, or 12 1/2 per cent of the total number, were branches of the State Bank. One writer states that 6 branches failed, but according to other sources, the sixth branch closed, the Franklin Branch of Cincinnati, became Groesbeck & Co., a private bank. Apparently the Toledo branch, which suspended in 1853, reopened in 1855 since it is listed as an operating branch by several sources after that date and is reported to have converted to a national bank in 1864. Figures for total deposit obligations of the failed branches at date of suspension are not available, but none of them had circulation of more than $270,000 according to their reports to the Auditor in 1852. No loss was sustained by the holders of circulating notes of these branches and they were redeemed at par by the other branches or the safety fund. There is no information as to whether depositors of the failed branches suffered any loss or whether the other branches had to pay special assessments to the safety fund. The failures of other types of state-chartered banks during this period appear to have been more serious. Five of the eight old banks continuing in existence after 1846 and six of the twelve independent • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis S Memorandum to Clark Warburton -9- May 3, 194C banks organized in 1846 failed between 1848 and 1857. The Ohio Life Insurance and Trust Company of Cincinnati which failed in August, 1857, had deposit obligations in 1856 of $2.1 million and its failure was a grave blow to the Ohio banks, even jeopardizing the existence of the State Bank, according to Knox. A large number of private banks failed during this period also. The total amount of losses to depositors and creditors in these failures cannot be determined, but one writer states that the notes of two old banks, with deposits of nearly $500,000 each, which failed in 1850, circulPted at a discount of 50 and 75 per cent. Charles Reemelin, who conducted special examinations of independent and free banks under the Auditor of State during 1853 and 1854 estimates the loss from all suspensions in 1854 at $250,000. • The chief causes of failure both of branches and other types of State-chartered banks in Ohio appear to have been speculative and self-serving managements, illegal connections with private bankers and brokers in Ohio or in the East, and the issuance of circulation on the basis of deposits in Eastern banks instead of specie reserves. These were the chief criticisms directed against the banking system in Ohio by Charles Reemelin in his discussion of the condition of free and independent banks, and he implied that the same weaknesses were to be found in the branches of the State Bank although he did not have the authority to examine them. It is known that until 1850, the branches of the State Bank at Cuyahoga Falls and Toledo were under close surveillance by the Board of Control because of illegal arrangements with privcite bankers in New York, and the Toledo branch was later closed. Table 5 shows the number and deposit obligations of each type of State-chartered bank failing in Ohio during the period. Other terminations prior to 1863. In addition to the terminations listed above, eight banks disappeared from the records during the period 1846-63. Two old banks became private banks upon the expiration of their charters, in addition to the branch of the State Bank already mentioned, and continued their banking operations throughout the period. One old bank, two independent banks and two free banks, stated by various authorities to have "closed" or "discontinued business", and One free bank about which there is no data, are assumed to have gone into voluntary liquidation rather than to have suspended. One independent bank in liquidation in 1856 later resumed active business and converted to a national bank in 1864. Conversion to national banks. The Comptroller of the Currency reports 38 national banks in Ohio in 1863, 84 in 1864 and 13( in 1865. Nearly all of these were conversions of branches of the State • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Memorandum to Clark Warburton -10- May 3, 1940 Bank, other State-chartered banks or private banks. The chief reason for the conversion of the branches of the State Bank into national banks was that their charters would expire automatically in 1866 and they could no longer issue circulation under State charters only. Knox says also that national banks enjoyed the reputation of being more secure because of supervision by the Federal government. V. FINANCIAL HISTORY OF THE SAFETY FUND No data available VI. ELEMENTS OF STRENGTH AND TEAKNESS IN THE OHIO GUARANTY PLAN The State Bank of Ohio should not be considered a failure; although it may have had elements of weakness which would have prevented its continued successful operation on a large scale had its charter been renewed in 1866. There is little reason to doubt that it would have continued in existence if the rational banking system, which embodied many of the principles which had made the State Bank successful, had not replaced it. Its failure to survive after 1866 is not attributable to any financial difficulties with the safety fund or to any serious inadequacies in the operation of the branches during the period 1846-66. One reason for the success of the safety fund was that the obligations insured were well secured. Circulation outstanding was limited by the amount of paid-in capital, and the greater the capital the higher its ratio to circulation must be. The aggregate amount of capital outstanding, as well as the capital of individual branches, was also limited. The branches did not vary much in size and the risk of loss by holders of circulating notes was distributed almost equally among them. The branches were also well distributed geographically, as the map shows. The law apportioned the maximum number of branches permitted in the twelve districts of the State among the counties. This prevented serious threats to the system because of local economic difficulties and the reduction of profits through excessive competition. Although the law creating the State Bank did not contain many restrictive provisions regarding specific banking practices, it did grant broad supervisory powers to the Board of Control. Because of the representative character of this Board and the relatively small number of branches under its supervision, it appears to have been able to exercise these powers effectively and to prevent the losses which might have occurred through speculative practices or incompetent management. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • Memorandum to Clark Warburton -11- May 3, The State Bank withstood a major financial crisis in 1857 whel the failure of the Ohio Life Insurance and Trust Company, which handle-1 the eastern deposits of many Ohio banks through its New York agency, threatened its existence. It is not known what, if any, drastic measure, were taken at that time to insure the safety of the branches, but it must be noted that the weaker and less profitable branches had been eliminated in earlier years and that close surveillance was exercised over the branches with respect to their Eastern connections in the earlier period. • Although the State Bank was successful in its time, it would have had to be remodelled if its charter had been renewed and if it was to play a major part in protecting the deposit oblig-tions of the State. The mutual guarantee of circulation applied to a portion of the deposit obligations which was fixed with comparative rigidity and could not expand 4ith new commercial demands unless an excessive amount of capital was tied up. Other deposit obligations of the branches, which were not guaranteed, increased very rapidly from 1857 to 1863, and after the national banking law went into effect, total deposit obligations doubled within three years indicating the need for additional banking facilities in the State. Under the law of 1846, a progressively smaller proportion of banks, deposit obligations could be guaranteed as they expanded in size and the guar&nty system would have come to play only an insignificant part in the banking business of the State. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 0 -12- LIST OF TABLES (Tables not submitted with this copy because of length) 1. Number of banks in Ohio 1846-64 2. Deposits and circulation guaranteed and not zuaranteed in Ohio Banks,1846-64 P,I.centaLo,: (]': deposits of all banks in Ohio held by the branches of the State Bank and other classes of banks, and proportion of deposits guaranteed, 1846-65 4. Number and deposits of branches of the State Bank of Ohio, Nove:aber 1855 and 1862 5. Bank suspensions in Ohio, 1846-65 MAP State chartered banks in existence in Ohio, 1846-63 • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis March 21, 1J40 MEMORANDUM TO: Dr. Warburton FROM: Carol Colver SUBJECT: 411 Statistical information available for the history of the insurance of bank obligations in Ohio before the Civil Aar In connection with the proposed history of insurance of bank obligations in Ohio before the Civil War, you requested me to obtain statements of assets and liabilities for the individual branches of the State Bank of Ohio and for each of the other types of banks operating in Ohio during the period 1645 to 1866. xititamk Totals of asset and liability items for the branches of the State Bank and for other banks in the State may be obtained for each year during this period from one or more of the various sources I have examined so far. I have not, however been able to find anywhere detailed statements of assets and liabilities for individual banks for the years 1847 through 1852 and for individual branches of the State bank for the years 1647 through 1854. A combination of sources must be used to obtain detailed combined balance sheets for the State bank and for all other banks for each year during the period. The annual or special reports of the Auditor of State in Ohio, or reports of special examinations required by the State, give both combineo andAndividual bank statements for the years 1644 to 1846 and 1855 to 1566, but only partial statements for the intervening years. Other sources which may be used to su41ement the State aocuments arc homans, Bankers' Almanac, an article by Charies C. Huntington entitled "A History of Banking and Currency in Ohio before the Civil War" in the Ohio Arehaelogical and hIstorical Quarterly, and Knox' History of Bankilg in the United States. The tabular summary attached indicates the extent of the statistical information given in these sources and the years for which it is available. In order to determine the extent to which the figures given in the other sources may be substituted for the years in which the State documents are not complete, I have prepared tables comparing the number of banks, capital stock, circulation, and total resources of branches of the State bank and of all hther banks in Ohio as reported by the State documents, Romans, and Huntington for each year during the period. I did not include Huntington's figures after 1854 since the Auditorts figures appear to be complete for the rest of the period. These tables are attached, also a table comparing the number of banks, loans and discounts, specie capital stock, circulation, and deposits for all banks intthe state as reported by Knox and by the other three sources for the years 1544, 154J, 1854, 1555 and 1865 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis S Administration of the State Bank Safety Fund I have not been able to find any published statistics regarding the administration of the Safety Fund maintained by the State Bank of Ohio in the State Documents or in the books and articles on the subject. An item called "Safety Fund" or "Permanent Reserved Fund" is included in both sides of the balance sheet in the individual reports of banxs to the Auditor each year, but this does not give apy idea of the total amount collected by the Board of Control or of the amounts expended in connection with the liquidation of failed branches. There are references in some of the magazine articles to the fact that five of the 41 branches of the State Bank failed but that their circulating notes were received by all the branches at par with the notes of solvent branches and were eventually redeemed without loss or inconvenience, while noteholders and depositors in other State and private banks in Ohio failed during the same period did suffer losses. There is no information as to whether debts other than circilation of the failed branches were paid off without loss. • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 4110 ear Of, JG TnE ASSLT6 Lir.) LIABILITIES OF THE STATE IH •044-66 kVkILABLE FROM THE VARIOUS SOURCES TOULAR OF OHIO , t.te (.0c-Iments 1/ Informati24 :uqu of given -7- 1844 Annual Report Banks: Complete statements of Board of Bank Comm'rs 1845 "Condition of Banlis and Branches: -Certain banks"Comolete state Banks and Branches: 1846 Special Complete statements Report of Auditor 1847 Annual Re2ort Banks and Branches: Capital stock of Auditor ti ft 1648 1849 Information giv nby other sources V Kru1iiisOry_of Bank.in omans& Bankers' Almanac.ij All banks combined: Loans and discounts, specie, capital stock, circulation, deposits I . 0 1o article , Huatingt •• •• •• •• Banks and branches: Complete statements •• 11 11 IT 11 11 11 It 11 •• •• All banks combined Same as for 1844 Banks and Branches: Capital stock, average ciuulation, specie and real estate 1851 Annual Report Banks and_Branches: Capital stock of Auditor 1850 Special Report of Auditor Banks: Taxable valuation aoans & discounts) Special Rep't Branches: Circulation of Auditor and branch: Banks Report 1953 knnual and undivided Capital of Auditor profits, taxable valuation, total liabilities excluding capital and circulation Complete Banks: examSpecial Statements rep'ts ination •• •• •• Banks and Branches: Capital stock, circulation, specie 11 19F'i https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis .• 11 11 • Year 41_ _ wary -- 2 Tabul- 1/ State documents _ _ Information Kind of Aiven report Banks: Complete 1854 Special statements examination reports 1855 Annual report Banks and branches: Cpmplete statements of Auditor TV Vt 1856 Vi ii 1857 1858 1859 All banks combined: Loans and discounts, specie, capital stock, circulation, depesits it Banks and Branckes: Loans and discounts, specie, capital stock, circulation, deposits Banks and Branches: Complete statements •• Vt It IV •• •• All banks corvbined: Complete statements •• Same as for 1854 11 •• 11 11 Ti II 11 II II 11 II 1864 1865 1866 Banks and Branches: Capital stock, circulation, specie Huntington's article Ii It 1860 1861 1862 1865 Information .given by other sources 2/ Knox' nistory of Bankin Homans' Bankers' Almanac 1/ It II Vt ii •• •• bame as for 1654 •• 11 Banks and Branches: Capital stock, circulation, specie All banks combined: Complete statements •• Banks and Branches: Complete statements Banks and branches: Capital stock, circulatiun, specie Vt Vt •• All information in state documents is given for individual banks or branches of state bank. The term"bank"refers to old, independent and free banks operating in Ohio; "branch" refers to branches of the State Bank of Ohio L/ Special examination reports with complete asset and liability statements are bvailable for only 6 baaks. A/ The information listed is given for all banks combined; homanspi also gives Capital for individual banks and branches for each year. 1/ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis ' 10 Exhibit of the state of the Franklin Bank of Cincinnati. Domestic bills and notes discounted Bills ofexchange Due from banks Incidental expenses Permanent do Personal property Notes of other banks Specie 997,113 59 514,621 52 115,250 13 4,484 90 4,000 00 2,124 05 139,743 00 181,825 23 Cash on on hand 993,900 00 150,931 00 45,686 23 64,992 92 13,016 32 458,591 02 1,14000 17,517 99 213,386 94 Capital stock paid in Bank notes in circulation Discount and premium account Due banks J. H. Groesbeck, pension agent Treasurer of the United States Dividends unpaid Contingent fund Individual deposites 321,563 23 $1,959,162 42 $1,959,162 42 AUGUSTUS MOORE, Cashier. CINCINNATI, June 14, 1834. Exhibit of the state ofthe Franklin Bank, Cincinnati. 1 Bills and notes discounted Bills of exchange do . Due from banks Incidental expenses Permanent do Personal property Notes of other banks Specie Cash on hand ...1:37,725 00 188,802 97 -- 997,203 64 526,185 50 103,472 32 '4,482 80 4,000 00 2,124 05 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 993,900 00 151,352 00 47,917 49 65,920 63 12,538 00 460,816 02 1,110 00 17,517 99 212,929 15 326,527 97 $1,964,001 28 CINCINNATI, June 21, 1834. Capital stock paid in . Bank notes in circulation Discount and premiim account Due to banks J. H. Groesbeck, pension agent Treasurer of the United States Dividends unpaid Contingent fund Individual deposites $1,964,001 28 AUGUSTUS MOORE, Cueliier. Exhibit of the slate of the Franklin Hank of' Cincinnati08 BM.and notes discounted Bills of exchange do . Due from banks incidental charges Permanent expenses Personal property Notes of other banks Specie 1,024,604 03 517,204 08 144,393 51 6,381 09 4 000 00 2,124 05 GO 181,049 220,327 67 401,376 67 Capital stock paid in Rank notes in circulation Discount and premium account Due to banks J. 11. Groesbeck, pension agent Treasurer of the United States Dividends unpaid Contingent fund Individual deposites 993.900 00 162,755 00 52,520 73 90,990 22 11,449 33 543,307 65 1,08000 17,317 99 226,602 31 $2,100,283 43 C,100,283 43 CINCINNATI, July 5, 1834. %((.3STUS 1110012E. Cashier Exhibit of the state of the Franklin Bank, Cincinnati. Domestic bills and notes discounted Bills of exchange Due from banks Permanent expenses Personal property Notes of other banks Specie i : Capital stock r Bank notes in circulation I Discount and premium account Doe to banks J. II. Groesbeck, pension agent Treasurer of the United States Dividends unpaid 382,335 08 Contingent fond Individual depositea 1,037,932 63 513,494 43 132,238 88 4,000 00 2,124 05 155,365 00 226,990 08 ! $2,072,145 07 $2,072,145 07 CINCINNATI, July 12, 1834. htal;"_ Neu. /111.... Omma•1111..., •••••••• INOMMONNWr • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 997,630 00 178,445 00 1,352 37 66,327 41 10,244 82 531,923 82 28,218 50 30,267 31 227,713 84 AucusTus 11100RE, CasAier ' WNI, F,.thibit of the slate of the Franklin Bank of Cincinnati. Domestic bills and notes discounted Bills of exchange Due from banks Incidental charges Permanent expense, Personal property Notes of other banks ,speco. ' • 1,047,579 21 5.30,762 62 117,918 65 21 60 4,000 00 2,124 05 145,576 00 234,827 34 380,403 34 Capital stock Bank notes in emulation Discount and premium account Doe bunks • Dividends unpaid J.11. Groesbeck, P. Agt• Treasurer of the United States Contingent fund Individnal cleposites 00 174,528 00 3,076 47 67,148 37 23,138 00 9,140 17 545,548 82 30,267 31 232,312 33 997,640 - $2.082,809 47 $2,082,809 17 A(JGUSTUS MOORE, Cashier. CIWCIRNATI, Joky 19,1834. Exhibit of the slate of the Franklin Bank of Cincinnati. Domestic bills and notes discounted • Bills of exchange Hue from banks Incidental charges Permanent expenses Personal property Notes of other banks Specie CtlicialaTh July26,1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • • ' • 183,514 00 230,332 05 Capital stock Bank notes in circulation account Discoititt and premium Due to banks I)i v Mends unpaid .1. Ii. Groesbeck, pension agent : Treasurer of the United States : Contingent fund 413,846 05 ., Individiial depostes ----.1 $2,110,255 34 II 1,056,305 44 547,928 19 84,068 75 1,982 86 4000 00 2,124 05 - 997,650 00 163,879 00 6,055 44 74,439 23 22,615 00 8,840 77 576,518 03 .30,267 31 229,972 56 $2,110,255 34 AUGUSTUS MOORE, ellshier. Exhibit of the slate qf the Franklin Rank of Cincinnati. DotiiestictIlls and noes discounted Bills of efehange Dee from banks Incidental charges Permanent expenses Personal property Notes of other banks Specie I ' Awe,898 .54; 1 sf#7,172 Ill 11:1,862 46 4 _50H, 15 I ,000 00 2,121 05 140,767 00 198,7.57 81 339,5e4 81 i'apitsl stock ihnk Imo s in einalitouai Discount and premium account hanks riN ten.I, unpaid J. II. Groesbeck, pension agent l'reasurer of the IJoited States (inft sits ' • .I - I $1,973,880 04 L 993,9J0 00 154,161 00 30,209 00 67,612 98 1,110 00 12,059 53 478,379 88 17,517 99 198,929 66 $1,973,880 04 1 CIN,INNATI, June 28, 1634. AUGUSTUS MOOR F, Cashi•P' Exhibit Bills and. notes discounted Bilk of exchange ,Ii counted Due banks Incidental charges Permanent expenses Personal property Notes of other basks 9pecic ,v/ale of the Franklin Bank of Cincinnhti. 1,054,639 77 538,077 68 113,371 14 ! 2,283 61 '1 1.000 00 !! 2,12k 05 ' 158,179 00 238,141 77 ;0)6,120 77 Capital stock pi(' iii Bank notes in circulation Discount and premium accolit,t Dime Irons banks J. It. Groesbeck, penUon agcnt Dividends inipaul Contingent finvd Infilvidiialdeposites Treasurer of the t!iiited Suites • • • 997,650 00 174,780 00 8,217 62 65,977 86 8,499 12 20,933 00 30,267 31 262,370 15 541,115 96 '• $2,110,811,02 42,110,811 02' CINCINNATI, August 2, 1834. •4•1440:4.41,4•4....;.• •' • ;• •• • ••••••,...... AUGUSTUS 41001114:, Cashier. • .• • • • . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis •• Exhibit of the state qf the Franklin Bank of Cincinnati. Bills and notes discounted Bills of excliang,c discounted Due from banks Incidental charges Permanent expenses Personal property Notes of the U. States and +liter banks Specie 1,052,699 38 822.783 41 123,543 98 2,289 27 4,000 00 2,124 05 160,133 00 243,242 75 403,375 75 eapitalstock paid in Bank notes in circulation " Discount and premium account Due to banks J. IL Groesbeck, pension agent Treasurer of the United States • Contingent fund • Dividends unpaid Individual deposites 997,650 00 185,220 00 10,580 22 67,752 50 8,383 61 529,770 17 30,267 31 20,483 00 262,629 03 32,112,735 84 42.112,735 84 Cult I so: Ay'. .ingurt 9. 1834. AUGUSTUS /100111E, Cashier. Ca' Exhibit of the slate qf the Franklin Bank of Cincinnati. Bills and notes dhicomited Bills of exchange discounted Due from banks Incidental charges Permanent expenses Personal property Bills of oilier banks Speck Casts 136,519 00 256,306 .12 .. 1,061,102 04 1 Capital stock paid in • 519,110 40 ,I Bank notes in circulation 119,250 91 ' Discount and pre ' in account 2,288 02 ' Due to hanks 4,003 00 *; .1. It. Groesbeck, pension agent 2,121 05 1 Treasurer of the United States I Contingent fund Dividends tinpsalcl • j Individual deposites 392,825 32 'I I 52,100,700 74 I 997,600 00 179,459 00 12.253 95 83,448 02 8,343 61 .525,301 04 30,207 31 5,3 IS 30 256,716 31 52,100,700 74 r-1 flJ CINCINNATI,:brig 16, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis AUGUSTUS MOORE, Cashier. Exhibit q.lAc stabs f!/ the Franklin Bonk of Cincinnati. -- Bills and notes discounted Bills of excalinge do Due from banks Incidental charges Permanent do Personal propert) Notes of other bank. Specie f i i 11, " I : Capital stock paid in • Bank notes in circulation Discount and premium account Due from banks J. H. Groesbeck, pension agent Treasurer of the tinted States Contingent fund 11 Dividends unpaid 412,680 42 Individual deposites 1,076,131 37 519,951 16 112,876 53 2,3 29 90 4,000 00 2,124 03 148,709 00 263,971 42 997 ,C)30 186,054 (Y) 14,340 57 93,466 75 7,89373 541.301 04 30,267 31 :;,870• 25.3,231 03 • • • I $2,130,077 45 $1,130,077 45 AUGUSTUS MOORE, Coshire Exhibit of the stale of the Franklin Rank of Cincinnati. •••• Domestic bills and notes discounted Bills of exchange discounted Due from banks Incidental charges Permanent espens:-• Petaional property Notes of the United States Bank . other banks Specie 1,083,895 57 1 520,636 35 515,260 30 2,297 63 4,000 00 1 2,124 05 ' 72,585 00 38,875 00 293,389 95 •1 Capital stock paid in • Bank notes in circulation Discount and premium account Due banks • J. 11. Groesbeck, pension agent Treasurer of the United States Dividends unpaid Contingent fund Individnal de osites 995,650 00 178,148 00 16,873 33 527,359 58 32,040 43 430,737 3.1! 279900 30,267 SI 317,188 90 404,1349 95 i! Cash on hand • $2,331 ,063 87 I $2,531,063 87 AUGUSTUS MOORE, CaMier. Olt* , . • , •••••••. •.• . https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis • I •• ••-• I 0•11110 •••• PO • ••• • S• 111111.19 Exhibit of the state of the Franklin Bank of Cincinnati. • Bills and notes discounted Bills of exchange Incidental charges Permanent expensed Personal property Due banks Notes of other banks Specie 1,103,598 04 529,864 49 2,29333 4,0• 2,124 05 112,901 31 • • 107,927 00 287,578 62 395,505 62 ----, $2,150,087 06 Cask on hand - Caphil stock paid in Bank note. in circulation Discount and premium account Due banks Interest account J. U. Groesbeck, pension agent Treasurer of the United States Dividends unpaid Contingent fund Individual depositcs 997,650 00 200,739 00 19,245 20 153,164 81 275 61 29,102 86 394,631 21 2,099 00 30,267 31 322,892 06 $2,150,087 06 AUGUSTUS blOGRE., Ot.hier. Exhibit qf the state of the Franklin Bank of Cincinnati. Bills and notes discounted Incidental expenses Permanent do Personal property Due from bunks Notes of other banks Specie Cash Bills or exchange discounted I - 1,109,432 17 2,39540 4,000 00 2,124 05 109.966 44 114,939 00 293,610 58 408,579 58 544,537 22 Capital stock paid in • Bank notes in circulation Discount and premium account J. H. Groesbeck, pension agent Treasurer of the United States Dividends unpaid Contingent fund Due banks Individual deposites 997,650 00 206,552 00 22,053 94 24,001 27 591,454 87 1,889 00 30,267 31 184,723 14 322,461 f.r. $2,181,034 86 $2,181,034 86 ------------- CINCINNATT, September 13, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Cr, dds AUGUSTUS M0011E, Cashier. r-s ott Exhibit of Me state ofthe Franklin Bank of Cincinnati. Dome,tic bills and notes discounted Bills of exchange Incidental charges Permanent expenses Perbonal propert3 Due from bank, Notes of otlicr banks Specie • • • 105,676 00 298,200 72 1,097,430 69 Capital Mock • $35,125 25 Bank notes in circulation 2,595 43 ! Discount and premium account 4,000 00 John II. Groesbeck, pension agent 2,121 OS Treasurer of the United States . 152.293 04 !, Dividends unpaid Contingent fund Due banks 403,876 72 Individual depositcs $2,217,243 18 997,650 00 212,200 00 24,578 42 17,690 41 389,954 87 1,784 00 30,267 31 231,113 47 312,004 70 , $2,217,245 18 _ Sip/ember :":0, 1834. A UG UST US MOORE, Cashier. Exhibit of the state of the Franklin Bank of Cincinnati. Domestic bills and notes discounted Bills ofexchange Due from banks Incidental charges Permanent expense Personal property Notes of other bank, • Specie 06... • . https://fraser.stlouisfed.org 411•&• Federal Reserve Bank of St. Louis 1,100,760 87 551,914 51 128,398 61 2,420 23 4,000 00 2,124 OS 150,661 00 229,133 33 579,794 33 Capital stock Bank notes in circulation . Discount and premium account Due hanks Dividends unpaid John It. Groesbeck, pension agent Treasurer of the United States Individual deposites . Contingent fund 999,100 00 209,741 00 27,17957 209,955 90 1,284 00 15,205 SO 428,107 15 248,57457 30,207 31 $2,169,412 60 AUGUSTUS MOOR}, Cashier. (Is Exhibit of the slate Id the Franklin Bank of Cincinnati. Bills and notes discounted Bills of exchange Due from banks Incidental charges Permanent expenses Personal property Notes of other banks Specie 1,107,255 98 550,385 95 106,581 50 4,179 73 4,000 00 2,124 05 178,369 00 234 412 6.1 412,781 6.; Capital stock • Bank notes in ciroulation Discount and premium account Due f‘oin banks Dividends unpaid J. II. Groesbeck, pension agent Treasiirer of the United States Individual depositcs Contingent fund 999,100 00 214,294 00 30,764 75 208,353 78 1,249 00 12,505 01 136,861 81 253,913 17 30,267 31 ••••11.•1•••F $2,187 ,:308 83 1.2,187,308 83 •-• AUGUSTUS MOORE, Cashier. Oetubfr 1, 1834. 41110 Exhibit of Mediae Id the Franklin Bank of Cincinnati. • Bills and notes discounted Bills of exchange discounted Incidental expenses Permanent expense, Personal property Due from banks Notes of other banks Specie Cash on hand 1,118,102 39 318,037 14 4,217 48 4,000 00 2,124 05 92,437 91 171,869 00 217,595 78 I Capital stock paid in Hank notcs in circulation Discount and premium account I 3. II. Groesbeck, pension agent 1 Dividends unpaid 11 Contingent final 1 1 Treasurer of the United States Due banks :/ Individual deposites 389,464 78 1 #2,158,423 75 11 999,100 00 218,576 00 ,202 50 11,084 43 1,13330 30,267 31 425,697 87 185,783 62 253,558 52 $2,158,423 75 ramp ID Ci$citiN411, Octokr 11, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis AUGUSTUS MOORE, Cashitr. rt—tti Exhibit Qi the stale of the Franklin Bank of Cincinnati. — Domestic bills and notes discounted Bills of exchange Due from banks Incidental charges Permanent expenses Personal property Notes of other banks Specie Capital stock Bank notes in circulation Discount and premium ileCOMIt • . Due banks . Dividends unpaid John If. Groesbeck, pension agent Treasure:. of the United States Individual dr ronste Contingent fund 1,117,931 51 568.082 04 49,911 02 4,409 00 4,000 00 2,124 05 197,390 00 221,793 98 419,183 98 *2,165,642 40 999,100 00 223.407 00 33.34366 193,872 60 1,11850 10,455 37 418,48)54 23.1,58742 30,267 31 [ 42,165,642 40 AUGVSTILTS MCIORP, Cashirr. Clvetirnart, October 18, 1834. at et• Exhibit of the stale of the Franklin Bank of Cincinnati. Domestic notes and billediseounted Bills of exchange Due from banks Incidental charges Permanent expenses Personal property Notes of other banks Specie I I ,110,163 84 579,299 91 79,733 17 4,420 49 4,000 00 2,124 03 163,241 00 222,490 07 385,731 07 $2,16.5,472 53 i _ October 25, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Capital stock Bank notes in circulation Discount aml premium account Due banks Dividends unpaid John II. Groesbeck, pension agent Treasurer of the United States . Individual deposites Contingent fund .I 999,100 00 226,041 00 37,698 87 192,290 77 1,11850 9,053 50 418,150, 54 251,750 24 30,267 51 42,165,472 53 AUGUSTUS MOORE, Caster. Exhibit of the state of the Franklin Bank of Cincinnati. Bills and notes discounted Bilk of exchange Incidental charges Permanent expenses Personal property Due from banks Notes of other banks Specie Al -! . . 172,819 00 '240,356 52 ----- 1,109,317 602,950 4,431 4,000 2,124 122,900 07 79 89 00 05 82 4l.,175 52 Capital stock Bank notes in circulAtion Discount and premium account Dividends unpaid Contingent fund John H. Groesbeck, pension agent 'I'reasurer of the United States Doe banks Individual deposites - .I $2,258,900 14 999,100 00 231 ,689 00 39,422 15 1,053 50 30,267 31 8030 67 436,292 85 241,796 49 268,248 17 $2,258,900 14 November 1, 1834. AUGUSTUS MOO HE, Cashier. 03 Imo Exhibit of the state of the Franklin Bank of Cincinnati. Bills and notes discounted Bills of exchange Incidental charges Permanent expenses Personal property Due from hanks N ' f other banks I 1,226,476 87 601,024 44 4,434 52 4,000 00 2,124 05 145,223 68 181,080 00 207,460 23 388,540 23 $2,271,823 79 Ain:ember 8, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Capital stock Bank notes in circulation Discount and premium account Dividends unpaid . Contingent fund John II. Groesbeck, pension agent Treasurer of the United States Due banks Individual deposites . 999,100 00 227,280 00 42,333 83 896 00 30,267 31 7,256 00 414,892 85 262,421 52 287,376 23 $2,271,823 79 AUGUSTUS MOORE, Cashier. Exhibit of the stale of the Franklin Bank of Cincinnati. co Bills and notes discounted . Bills of exchange charges Permanent expenses Personal property Due from banks Notes of other banks Specie 1.148,881 '26 534,429 00 4,869 02 4,000 00 2,124 05 227,017 56 196,595 00 235,999 70 432,394 70 Capital stock Bunk notes in circulation Dircount and premium account Dividends unpaid Contingent fund John II. Groesbeck, pension agent • reasurer of the United States Due to banks . Individual deposites 999,100 00 229,006 00 44,424 59 896 00 50,267 31 6,640 34 443,516 04 326,002 46 273,862 85 $2,353,715 59 $2,353,715 59 Nvrember 15, 1834. .shier, Al/GUSTUS MOORE, Co tn Exhibit of the state of the Franklin Bank of Cincinnati. Bids and notes discounted Bilk of exchange Incidental charges Permanent expenses Personal property Due from banks Notes of other banks Specie I 1 ,173,793 57 - 1 528,711 23 I 4,858 64 - I 4,000 00 _ 2,124 05 - i . 267,460 79 189,508 00 237,867 43 427,375 43 Capital stock Bank notes in circulation Discount and premium account Dividends unpaid Contingent fund John II. Groesbeck, pension agent Treasurer of the United States Due other banks Individual deposites 112,403,323 71 52,408,323 71 November 22, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 999,100 00 268,237 00 46,912 81 896 00 30,267 31 5,879 04 438,684 54 317,830 35 300,516 66 AUGUSTUS MOORF., Cashier, • .• 4..• • f••• ••• •r, • ••• ••••,0 Exhibit of the state of the Franklin Bank of Cincinnati. Bills and notes discounted Bills of exchange Incidental charges Permanent expenses Personal property Due from banks Notes of other banks Specie 11 1 ,212,616 51 1 . :;8 537396 4,935 26 I 4,000 00 ! '2 .124 05 ' 0,657 ) 248 178,881 00 182,578 85 Capital stock • Bank notes in circulation Discount and premium account Dividends unpaid Contingent fund John 11. Groesbeck, pension agent Treasurer of the United States Due to banks 361,439 83 1 Individual deposites h 112,371,389 05 Clams:erre, November 29, 1834. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 000 (1 9:1 288 99 49,150 .',.; 878 50 30,267 31 5,656 69 388,377 45 273,458 23 334,476 37 2,371,389 05 AUGUSTUS MOORE, Cas;der. C.11 C15 C.0 r—t State of the Commercial Bank of Cincinnati on Monday, October 6, 1834, endi ng at close business on Saturday 411s. Capital stock Bank notes issued payable at Philadelphia Contingent fund State or Ohio Profit and loss Dividend No. 1 No. 2 No. 5 No. 6 Cashier Atlas Bank North Western Ralik (if Virginia Commercial Bank of Scioto Girard Bank Bank of Pittsburg Union Bank of Tennessee Muskingum Bank Bank of Louisville Discount account Premium Treasurer of the United States lnd,vidual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 382,000 00 60,000 00 14,146 00 316 47 1,000,000 00 442,000 03 10,000 00 2,305 44 7,567 73 90 90 151 2) 88 00 1,303 50 3,825 06 3,710 65 36 29 606 19 15,416 05 417 54 265 41 1,682 06 14,662 47 22,923 67 130,398 31 B lk and notes discounted lying over unpaid Bills of exchange payable at New York PhiLadelphia Louisville New Orleans Lexingtori Pittsburgh Natchez Dayton Baltimore • St. Louis Columbus Wheeling Stock in trust Special deposite our post notes, Philad'a Protest account Remittance to Philadelphia Cashier Franklin Bank of Columbus Union Bank of Maryland Schuylkill Bank Office Bank U. S. Lexington Louisville St. Louis Natchez New Orleans Farmers and Mechanics' Bank, Steubenville Bank of America Dayton Bank Commercial Bank, New Orleans Union Bank of Louisiana Franklin Bank of Cincinnati Lancaster, Ohio, Batik Permanent expenses LJ 670,308 19 20,509 56 74,973 91 108,286 78 108,778 20 30,093 85 1,597 92 2,664 46 22,339 87 19,528 42 4,003 13 2.123 63 2,615 61 1,100 27 49,600 00 4,150 00 256 23 1,00000 334 42 489 42 47,464 12 206 72 211 48 676 43 5,19697 13,079 05 140 54 6,699 83 3,666 11 3,254 00 6,391 69 3,139 0) 101 50 1,600 00 at Cr) 1 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Incidental do • Gash balance, via. Bank notes issued! 382,000 00 p..vahle at Phila. aclphia 60,000 00 2,304 81 442,000 00 Philadelphia In circulation 6.400 00 137.427 00 Philadelphia On hand 31.600 00 214,373 00 143,827 00 United States note• Franklin Bank of Cincinnati notes Ohio notes Specie - $1,631,431 37 298,173 00 24,273 00 9,027 09 4,679 00 12,203 41 ------- 428,159 41 51,651,451 57 C.0 4.4 eh Stale of the Commercial Bank of Cincinnati, Monday, September 29, 1834. ar) Capital stock Bank notes issued payable at Philadelphia Contingent fund State of Ohio Profit and loss Dividend No. 1 No. 2 No. $ No.6 Cashier Dayton Bank Atlas Bank Union Bank of Maryland Northwestern Bank of Virginia Commercial Bank ofNew Orleans Commercial Bank of Scioto Girard Bank Bank of Pittsburgh Union Bank of Tennessee Muskingum Bank Franklin Bank of Cincinnati Discount account Premium Treasurer of the United States Individual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1,000,000 00 382,000 00 60,000 00 442,000 00 10,000 00 2,305 44 7,567 73 90 00 151 20 88 00 21,619 50 2,294 89 1,748 00 126 22 2,876 91 193 50 36 29 9 44 8,379 20 417 54 265 41 11,062 00 12,882 51 317 10 13,199 61 15,962 34 119,806 75 Bills and notes discounted unpaid Bills of exchange payable at New York Philadelphia Louisville New Orleans Lexington Pittsburgh Natchez Dayton Baltimore St. Louis Columbus Wheeling Stock in trust Special deposite, our post ngtes, Phila. phia Protest account Remittance to Philadelphia, gold Cashier Franklin Bank of Columbus Bank of Louisville Schuylkill Bank F. and M. Bank of Steubenville Bank of America Union Bank of Louisiana Lancaster, Ohio, Bank Office Bank U. S., Lexington Louisville St. Louis Natchez New Orleans Permanent expenses Incidental do • 660,544 96 20,509 56 69,973 91 117,891 64 105,833 20 23,758 97 1,495 92 3,028 88 20,339 87 19,528 42 2,003 13 1996, 13 3,923 61 1,100 27 49,600 00 4,150 00 256 23 4,006 06 43 42 6,220 76 65,775 55 140 54 7,043 11 6,091 69 101 50 206 72 217 48 553 93 5,19697 15,136 69 1,600 00 848 19 c.n el) sa. Cash biallanise, via. Ranh notes issued - 382,000 payable in Philad'a 60,000 Philad'a In circulation - 442,000 00 6,503 132,413 138,920 00 Philadelphia • On hand - 53,493 - 249,3/43 States notes Franklin hank of Cincinnati not,. tibia notes Specie • 303,080 00 33,940 00 4,468 00 !),095 00 88,099 66 441,082 66 $1,660,199 97 $1,660,199 97 COVIIIIRCIAL BANK, Cincinnati, September 29, 1&34. The state of this bank, as within exhibited, closes the business of the institution, including Saturday, September 27. WM. S. IIATCII, Cashier. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis fir5,, Slide of the Commercial Bank of Cincinnati, on Monday, 2001 October, 1834. Capital stock Bank notes issued Do pa.s able at Philadelphia Contingent fund State of Ohio Profit and loss Dividend Ne. Do No. 2 Do No.5 - • UO 1,000,0(X) 00 382,000 00 60,000 00 442,000 00 10,000 00 2,305 7,567 73 90 00 151 20 88 00 1,16900 7,398 46 - 1:41) •• Cashier Atlas Rank Do Northwestern Bank of Virginia, Wheeling Do Rank of Chillicothe Do Commercial Bank of Scioto Do 4;irard Bank Do Bank of Pittsburgh Do Union Bank of Tennessee Do Muskingum Bank Ohio Life Insurance and Trust Company Treasurer of the United States Discount account • Premium Individual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 3,482 79 927 50 36 29 1,346 35 18,439 98 417 54 265 41 .52,863 00 49,001 81 19,886 26 630 63 20,516 89 58,019 49 ] Itills and notes discounted • Du lying over unpaid j Bills of exc. payable at New York Do do Philadelphia Do do Louisville Do do New Orleans Do do Lexington Do do Pittsburgh Do do Natchez Do do Dayton Do do Baltimore Do do St. Louis Do do Columbus Do do Wheeling Stock in trnst Special depo,ite of iiiir post notes at Philadelphia Protest account • Remittance to Philadelphia Cashier Franklin Bank of Columbus Do Union Bank of at:Aryl:yid Do hank of Louisville Do Schuylkill Bank Do F. 8t M. Bank, Steubensille Do Bank of America Do Dayton Rank Do Commercial Bank or N. Orleans Do Union Bank of Louisiana Do Franklin Bank of Cincinnati Do Lancaster Ohio Bank Do Office Bank U. S. Lexington Do do Louisville Do ilo St. L s Do do New Orleans Do do Natchez r-i co 679,629 49 20,509 56 ;7-3 91 :.;9:9 ) ;(1 97 1111,:g g 40 1,797 78 3,26446 22,589 87 20,376 72 4,153 13 2,123 2,213 6 ;) 1: 4401 0 1 03 ova 4,150 00 256 23 1,00000 661 92 1,817 g 38,563 36 140 54 1,165 24 2,792 36 3,254 00 6,588 69 11,017 00 101 50 253 47 217 ti 2,386 17,256 72 8,196 97 •r, 45 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Lancaster, Ohio, Bank Franklin Bank of Cincinnati Permanent expenses Incidental ex litmus Cash balance, viz. Bank notes issued - 382,000 payable at Philad. 60,000 101 50 10,162 00 1,600 00 2,346 45 442,000 00 In circulation Philad. 6,345 - 133,727 140,072 00 Philadelphia On hand - 53,65; 248,273 United States notes 29,190 Franklin Bank of Cincinnati notes Ohio notes Eastern notes Specie - 301,928 00 29,190 00 3,34600 8,910 00 860 00 82,875 24 427,109 24 $1,670,377 00 I $1,670,377 00 ii 1! Permanent expenses do Incidental Cash balance, viz: I . 382,000 ; Bank notes issued 60,000 payable Philatl'a Do Philadelphia In circulation - 442,000 00 6,283 129,668 53,715 252,332 — United States notes ., Franklin Bank of Cincinnati notes ohio notes Eastern note, . Specie I Philadelphia On hand 1,60000 '2 346 45 135,953 00 306,047, 00 39,083 36 4,880 00 9,372 00 2,300 00 79,723 35 441,405 71 i$1,676,086 88 81,676,086 88 852,863 transferred since last statement from account of individual depositors to the corporate name of Ohio Life Insurance and Trust Company. https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis .41 Stale of the Commercial Bank of Cincinnati, Monday, October 27, 1834. r"--• 015 Capital stock Sank notes issued payable at Philadelphia Contingent fund State of Ohio Profit and loss Dividend No. 1 No.2 No.5 No.6 •Csabier, Office Bank U. States„ Natchez Bank of Louisville Atlas Bank Northwestern Bank of Va. Bank of Chillicothe Commercial Bank ofScioto Girard Bank Bank of Pittsburgh Union Bank of Tennessee Muskingum Bank Discount account Premium Ohio Life Insurance and Trust Company Treasurer of the United States individual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 382,000 00 60,000 00 21,009 01 654 15 1,003,000 00,1 Bills and notes discounted . lying over unpaid Bills of exchange payable at New: York 00 , 442,000 Philadelphia 10.000 00 ' Louisville 2,305 44 i N. Orleans 7,567 73 Lexington 90 00 Pittsburgh 151 20 Natchez 88 00 Dayton 1,169 00 Baltimore 4,803 03 St. Louis 5,006 64 Columbus Wheeling 6,455 35 3,586 04 Lancaster,O. 927 50 Stock in trust 36 29 Special de posite of our post notes at Phil. 140 35 Protest account 16,412 89 Cashier of Franklin Bank of Columbus 417 54 Union Bank of Maryland 265 41 Schuylkill Bank Office Bank United States, New Oreatts 21,663 16 Lexington 52,863 00 Louisville 64,316 37 St. Louis Farmers and Mechanics'Bank 72,732 91 Stenbenville Bank of America Dayton Bank Commercial Bank of New Orleans Union Bank of Louisiana Lancaster, Ohio, Bank Franklin Bank of Cincinnati 694,630 06 20,509 56 75,973 91 103,125 33 119,758 62 78 1:7 540 87 09 35 3,86446 22,589 87 19,044 99 4,153 13 3,153 43 2,374 32 4,628 46 600 00 49,600 4 150 00 252 23 1,040 53 42 24260 24,489 52 5 756 72 '253 47 717 48 1,786 43 140 54 4,713 11 1,500 59 • 35,254 00 6,493 69 101 SO 11,995 00 et• •• https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Permanent expenses • Incidental expenses CAI balance, via. flank notes homed 382,000 00 !sayable Phibul. 60,000 no Pltilad. In circulation 6,240 00 139,198 00 1,60000 2,384 SI 442,000 00 145,438 00 On hand l'hilad. 53,760 00 242,802 00 United states note, Frawin Dank or Cincinnati Ohio notes Kionern notes Specie 296,562 .00 50,530 00 11,590 00 12,762 00 2,615 00 81,725 11 455,784 11 $1,715.017 85 $1,715,017 85 tot cx+ 110 10=4 Stale of the Commercial Banle of Cincinnati, on Monday, November 3, 18344111 Capital stock Bank notes issued payable at Philadelphia 1,000,000 00 • • Contingent fund State of Ohio Profit and loss Dividend. No. 1 N'o. 2 No. 5 No. 6 cashael Office Bank U. States, N4 tchei Bank of Louisville • Atlas Bank Yeatman, Woods, is. Co. Banking and exchange company Northwestern Bank of Virginia Bank of Chillicothe • Commercial Bank, Scioto Girard Bank Bank of Pittsburgh Muskingum Bank Union Bank, Tennessee Ohio Life Insurance and Trust Company The Treasurer of the United States • Discount account Prcmium ndividual depositors • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 182,000 00 60,000 00 442,000 00 10,000 00 2,305 44 7.475 03 90 00 131 20 88 00 609 00 4,803 03 4,350 68 510 40 3 00 3,521 04 927 00 ' 573 92 140 35 16,444 77 265 41 417 54 $2,863 00 64,316 57 22,833 70 676 48 23,510 18 101,053 81 Bills and notes discounted Bills lying over unpaid Bills of exchange payable at New York Philadelphia Louisville New Orleans Lexington Pittsburg Natchez Davton Baltimore St. Louis Columbus Wheeling Lancaster Stock in trust • • Special depositc on post notes at Philadelphia Protest account Cashier Franklin Bank, Columbus Union Bank, Maryland • Office Bank U. S., New Orleans Lexington Louisville St. Louis sclmvlkill Bank F. and M. Bank, Steubenville Bank of America • Dayton Bank • Commercial Bank, New Orleans Union Bank, Louisiana • Franklin Bank of Cincinnati Lancaster Ohio Bank Permanent expenses • I •.1. Po•i•st• ••• k • pa... .1 701,571 01 22,552 56 34,009 01 87,394 20 120,823 64 43,707 99 1,797 78 4,244 55 22,589 87 19,703 53 4,155 13 3,083 80 2,692 58 4,928 46 600 00 63,100 00 4,150 00 252 23 1,040 53 389 42 756 72 328 47 717 48 3,011 06 21,980 50 140 54 60,021 78 5,892 88 32,254 00 5,885 34 5,771 00 101 30 1,60000 ah. Incidental expenses ; Cash balance, viz. Bank notes issued payable at Phila. 2,384 St 382,000 60,000 442,000 00 Phila. 6,170 144,253 Phila. 53,830 237,747 In circulation 150,423 00 On band United Stares notes Franklin Bank, Cincinnati notes Ohio notes Eastern notes Specie • • 291,577 00 59,090 00 11,301 00 7,127 00 3,470 00 80,404 78 452,969 78 $,736,399 67 .•_ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis $1,736,399 67 cm .4 cm r-i November 10, 1834. Slate of the Commercial Bank of Cincinnati, Monday, • Capital stock Bank notes issued • payable at Philadelphia Contingent fund State of Ohio Profit and loss Dividend No. 1 No. 2 No. 5 No. 6 cashier Office Bank U. States, Natchez Atlas Bank, Boston Yeatman, Woods,&Co.,Banking and Exchange House Northwestern Bank, Virginia Batik of Chillicothe Commercial Bank, Scioto Girard Bank Bank of Pittsburgh • Dayton Hank Muskingum Bank Ohio Life Insurance and Trust Company Treasurer of the United States Discount account • Premium Individual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1,000,000 00 382,000 00 60,000 00 • ••• • 442,000 00 10,000 00 2.305 44 7,507 78 90 00 151 20 88 00 609 00 2,153 03 1,169 90 1 00 2,271 24 927 50 1,673 92 14035 15,303 53 707 12 265 41 52,863 00 95,790 50 24,029 86 742 99 24,772 85 90,089 77 Bills and notes discounted • lying over, unpaid Bills ofexchange payable at New York Philadelphia Louisville • N. Orleans Lexington Pittsburgh Natchez Dayton Baltimore St. Louis • Columbus Wheeling Lancaster Stock in trust Special depilate of our post notes, Philadelphia Protest account . Cashier Bank of Louisville Franklin Bank of Columbus Union Bank, Maryland Office Bank U. S ,New Orleans Lexington Louisville St. Louis Schuylkill Bank Fanners and Mechanics' Bank, . Steubenville Bank of America Commercial Bank, New Orleans Union Bank, Louisiana Franklin Bank, Cincinnati Lancaster Ohio Bank 713,711 74 22 150 35 34,009 01 87,394 20 132,323 64 48,824 83 1,491 05 4,244 55 20,089 87 21,097 90 4,153 13 3,083 80 2,69'2 38 4,928 46 • 600 00 63,100 00 4,150 00 252 23 2,370 49 1,040 53 201 42 756 72 635 20 717 48 1,811 06 14,093 24 • • 140 54 54.796 78 32.254 00 700 92 1,775 00 101 50 C.rt CIS https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Permanent expenses Incidental do Cash balance, viz. 382,000 00 Bank notes issued payable Philad. 60,000 00 1,600,90 2,634 51 442,000 00 Philad. In circulation 6,000 00 154,231 00 160,321 0) On hand 53,910 00 227,769 00 United States notes Franklin Bank, Cincinnati, do Ohio do Eastern do Specie 281,679 00 59,887 00 5,004 00 30,435 00 4,425 00 85,254 01 466,954 01 $1,750,880 54 $1,750,880 $4 Slate of the Commercial Bank of Cincinnati, Monday, November r-1 17, 1834. Lea Capital stock Bank notes issued payable at Philadelphia Contingent fund State of Ohio Profit and loss Dividend, No. 1 No. 2 No. 5 No. 6 Cashier Office Bank U. S., Natchez Atlas Bank, Boston • Yeatman, Woods,& Co., banking and exchange house Northwestern Bank, Virginia Bank of Chillicothe Commercial Bank of Sciotio Girard Bank Bank of Pittsburgh Dayton Bank Franklin Bank or Columbus Ohio Life Insurance and Trust Company Treasurer of the United States Discount account Premium Individual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1,000,000 00 382,000 00 60,000 00 442,000 00 10,000 00 2,305 44 7,194 39 90 00 1.51 20 88 00 609 00 2,153 03 1,967 49 1 00 2,446 66 927 50 3,709 22 138 35 15,393 61 880 12 3 47 52,863 00 95,790 50 26,535 56 757 70 27,293 26 88,908 19 Bills and notes discounted lying over unpaid Bills ofexchange payable at New York Philadelpliia Louisville New Orleans Lexington. Pittsburgh Natchez Dayton Baltimore , St. Louis Columbus Wheeling Lancaster Stock in trust • of our post notes at Special deposite Philadelphia • Protest account Cashier Bank of Louisville Union Bank of Maryland Schuylkill Bank • Office Bank U. S., New Orleans Lexington Louisville St. Louis F. and M. Bank, Steubenville Bank of America Commercial Bank of N. Orleans Union Bank of Louisiana Lancaster, Ohl*,Bank Franklin Bank of Cincinnati Permanent expenses Incidental do . • •Allee ....64..... .•. . ; SS...111 o••II.Ie lore..I . pa imb Mr IA 11.1..irrai I 304.4.144. , Aka.MAU .1 752,065 04 21,595 07 48,809 01 24,261 96 138,576 34 61,291 90 1,491 05 4,244 55 20,089 87 22,560 09 4,003 13 3,351 98 2,692 38 4,728 46 600 00 63,100 00 d• de e 4,150 00 252 23 2,682 99 351 42 27,799 17 756 72 635 20 717 48 1,811 06 140 54 53,864 94 32,254 00 700 92 251 30 754 00 1,600 00 3,034 51 Os GO Cash balance, viz. - 382,000 Bank notes issued payable at Philad'a 60,000 442,000 00 In circulation Philad'a 6,045 - 161,390 167,435 00 Philadelphia On hand - 53,955 - 220,610 United States' notes Franklin Bank of Cincinnati notes Ohio notes Eastern notes Specie - 274,565 00 47,508 60 8,377 00 28,420 00 5,630 00 85,235 32 449,735 92 01,754,933 43 -s1,1•1•14,•••••IrOl,r." https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis , $1,754,933 43 Cft .4 4.114 State of the Commercial Bank of Cincinnati on Monday, November 29, 1834. Capital stock Bank notes issued payable at Philadelphia Contingent fund State of Ohio Profit and loss Dividend No. I No. No. 5 No. 6 Canliicr Office hank C. States, Natchez Atlas Bank, Boston Yeatman, Woods, and Company, banking and exchange house Northwestern Batik of Virginia Hank of Chillicothe Commercial Bank of Scioto Hank of Marietta Pittsburgh • Payton Bank Lafayette Bank or Cincinnati _ Ohio Life Insurance and Trust Company Treasurer of the United States Discount account Premium Individual depositors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1,000,000 00 382,000 00 60,000 00 28,307 93 850 07 Bills and notes discounted lying over unpaid Bills ofexchange payable at N. York 442,0(,0 0) Philadelphia 10,000 00 Louisville . 2.305 44 N. Orleans 7,194 39 Lexington Pittsburgh 90 00 ' 151 20 , Natchez. 88 00 Day ton 609 00 Baltimore 2,153 03 St. Louis 5,428 83 Columbus • , Wheeling Lancaster 1 00 3,846 49 Stock in trust 91 08 Special deposite, our post notes, Phila3,850 89 delphia 600 00 Protest account 17,368 27 Cashier Frankl n Bank of Cohimbus 1,635 12 Bank of Louisville 10,794 00 Union Bank of Maryland 52,863 00 Schuylkill Bank 143,657 73 Office Bank U. S., New Orleans Lexington Louisville 29,158 00 St. Louis • 110,143 50 Girard Bank F. and M. Bank, Steubenville Bank of America Commercial Bank, New Orleans Union Bank, Louisiana Lancaster, Ohio, Bark Franklin Bank of C.iicinnati . 765,354 60 21,593 07 48,809 01 26,561 96 145,317 SO 78,925 09 1,491 05 6,352 29 20,089 87 25,002 78 4,183 69 3,351 98 3,542 38 5,453 46 600 00 63,100 00 4,150 00 252 23 146 53 8 913 91 2,331 42 30,111 73 1,556 72 735 20 717 48 1,011 06 39,861 65 140 54 17,848 22 29,254 00 700 92 101 50 3,126 00 ••• let, .1.-11,41 .1.. ....61111 /I 411k 1,14 • 1•1•1114 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1,60000 3,037 63 Permanent expenses do Incidental Cash balance, viz. - 382,000 Bank notes issued 60,000 pa able in l'hil'a 1. • 442,000 00 In circulation 5,980 Phil'a - 177,156 183,136 00 On hand Philadelphia • - 54,020 - 204,844 United States' notes Franklin Bunk of Cincinnati notes Ohio notes Eastern notes Specie 258,864 00 51,170 00 12,008 00 53,055 00 18.025 00 85,559 50 478,681 50 00 $1,844,028 97 $1,844,028 97 State of the Commercial Bank of Cincinnati, Monday, December 1, 1834. OD Capital stock Bank notes issued • • payable in Philadelphia Contingent fund State of Ohio Profit and loss Dividend No. 1 No. 2 No. 5 No. 6 Cashier Office Bank U. S., Natchez Yeatman, Woods, and Co., banking and exchange house Northwestern Bank of Virginia Bank of Chillicothe Commercial Bank of Scioto Bank of Marietta Pittsburgh Dayton Bank La Fayette Bank of Cincinnati Clinton Bank of Columbus Commercial Bank of New Orleans Franklin Bank of Cincinnati Ohio Life Insurance and Trust Company Treasurer of the United States Discount account Premium - 382,000 00 60,000 00 442,000 00 10,000 00 2,305 44 7,194 39 90 00 151 20 88 00 609 00 2,153 03 .. - 31,440 23 755 70 1 00 3,117 21 379 78 3,850 89 600 00 16,533 14 2,423 50 10,794 00 288 00 2,746 00 96 00 52,863 00 175,523 08 32,195 93 111,883 81 Individual depos;tors https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 1,000,000 00 I Bills and notes discounted • lying over unpaid Bills ofexchange payable at New York. Philadelphia Louisville New Orleans Lexington Pittsburgh Natchez Dayton Baltimore St. Louis Columbus Wheeling Lancaster Nashville Protest account Stock in trust Special deposite our post notes, Philad'a Cashier Atlas Bank Boston Franklin Bank, Columbus Bank of Louisville Union Bank of Maryland Schuylkill Bank . Office Bank U. 8., New Orleans Lexington Louisville St. Louis Girard Bank Farmers and Meehanics' Bank, Steubenville . Bank of America . Union Bank of Louisiana Lancaster, Ohio, Bank 1......-..... 1 1 , .a.l. loAla/.. •. • r• 782,746 40 21,595 07 61 ,309 01 26,561 96 164,444 25 103,061 56 1,491 05 7,852 29 20,089 87 29,947 74 4583 69 , 3,853 23 3,542 38 4,363 52 50 60 160 60 52 ()0 23 63,2 100 - . . - CTI OD 4,150 00 1,828 10 525 03 10,312 13 1,916 92 21,036 16 2,986 72 7 73 15 7 41 1,054 43 39,863 65 140 54 17,883 73 700 92 101 50 , .e.t... t.,P 1 1 ..147 f.1 1 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Permanent expenses Incidental do Cash balance, viz. - 382,000 Bank notes issued payable at Phihd's. 60,000 1 ,600 00 3,047 63 442,000 00 In circulation Philad'a 5,905 - 228,764 234,669 00 On hand - Philad'a - 54,095 153,236 United States notes Franklin Bank of Cincinnati notes Ohio notes Eastern notes Specie • 207,331 00 47,925 00 7,806 00 56,720 00 56,860 37 93,083 14 469,725 51 41,877,886 40 $1,877,886 40 00 C4) r""11 00 Am Oa mm I ts t9 c.; 4 'L; _c al8S Cu! • 6. - n46 c„, iie 01 =vZ il§ 6%-.-401 6,5,g 1r,1 o C.) AIN= ADVI..4 M 0 0 ).. A) ,43.-4 V, Cl .4. coot M00000§M 00w,..., , W Ov)V.VO.t000.-.M a 010.WWk..d...4MION W nelt...0 , e .M A S. 0 0 .0.0 4 6 . 46 w 0AS V ..*. "0 5 0. z ..,, 4,0 0,g0tsufAme=3 - = a.°4 0it-6m=A:T. Cl. m 01 i,.. . ,p 888,12qM?cg ,.....,,0mc,.,cp m -0-,..„.„ 0 Cl -m,0 . Cl cn 5.. ps •- M 14 0 MUUCWillinP*MME . : mmc„ c1c0,0kc0c-,,csm ..,, ,00,4 I • https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis Clc.) 1 cda 2.Wc0St5 ,100000c, Ngcc:.A2 CINCINNATI, December 7, 1833. Bank of Cincinnati Exhibit of the stat • - /4_1 - ;egg/ gla-yrdret vr,e,rief i https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis -- • 23 [ 21] 01110. Commercial Bank of Cincinnati. Date. Loans and (11$Counts. 436. July 1 Ig 13 Aug. 17 31 Sept. 14 (kt. 1 17 29 Nov. 16 $2.470,990 2,329,660 2,279,195 1,256,911 2,355.238 2,191,810 2.310,975 2.316,958 9,195,590 1,436,712 1 l',....,,,r,r ' pio,lic offiUnited ...03tr% reni. Specie. I $215,715 297,765 990,315 309,097 250,385 177,256 204.179 386,744 441.018 424,870 *7:17,291 725,2,16 1,921.996 1,115,361 1,1S1,361 1,119.373 1,149,373 1,449,173 1,570,335 1,470,365 U rculation. $12.112 16.115 15.741 67, tit) s9,915 77,`43Ii 71,53t; 71,111 73,26H 71,106 $950,019 1,016,149 1,019,595 9146,772 995.564 87.1,058 1,020,195 1,II43,551 89S,£84 1,685,195 7,563 17,274 27.055 26,489 58,880 49,755 40,697 37.351 36,623 34,650 33,056 32,331 528,069 489.529 198,614 459,529 434,352 399,968 375,977 318.968 339,146 356,310 370.335 359,561 . 2.3,63 I ..„ o,I,I. 261,601 155,891 157,090 265,366 Franklin Bank of Cincinnati. 1636. July 9 23 Aug. 6 20 Sept. 3 17 Oct. 1 15 29 Nov. 19 Dec. 10 1,995,785 1,985,504 1,910,193 1,914,591 1,918,555 1,856,510 1,893,185 1,931,843 1,978,176 1,961,258 1,905,442 1,959,778 179,=, 11,0,391 157.170 136.467 134.372 129,969 254,400 245,669 239,844 936,018 246,670 9(15,5s 893,507 653.507 753,487 773,517 889,189 879,1.4 911,6,41 952.491 952,194 852,191 799.316 ("Won Rank of Columbus. 1436. July Oct. 9 23 6 20 3 17 1 Nov. 12 Dec. 1 Aug. .1.4..pt. 1392,111 r..76,7:1:, 3.,6„ IS I ;,70,635 1.12,716 112,42 2 i i I :tit ifto.,. 7 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 171,131 111.6 211.1-,, 377,633 I 5,9 639 „.1-1 ; ; '„I76 I.. .110,1111 , 211,1.9, II I f; ,2 69.! 692 , I 841.619 225,175 203,234 165.333 158,670 159,851 111,334 118,824 24 21 OHIO-Continued. Franklin Bank of Columbus. Date. Loans and discounts. Specie-. Public °frt. 1 Treasurer cers. 'United States. Circulation. • _ 1836. July Aug. 27 10 24 Sept. 7 21 5 Oct. 19 Nov. 2 16 30 Dec. 1 $687,475 703,608 728.689 792,752 788,230 742,875 704,760 687,041 649.981 659,889 667,811 $132,904 126,698 117.862 101,786 95,196 97.557 121.703 120,919 120,230 157,611 157,890 $50,000 124.333 124,333 124,333 174,333 . 204.363 204,363 204,363 194,863 224,863 324,863 - $397,87 374,97 371.2 373,10 355,06 310,04 282,81 272,10. 281,85 293,90 295,44 - 324.01 372,08 401,94 435,51 Bank of Chillicothe. 1836. Oct. Nov. 19 31 14 28 400,623 339,795 349,249 400.190 167,611 165,119 164,580 165,214 - Bank of Cleaveland. 1836. Nov. 3 Dec. 1 376,579 380,008 58,086 60,672 187,491 209,59.; , Commercial Bank of Lake Erie, at Cleaveland. 1836. July 20 Sept. 16 Oct. Nov. Dec. 15 1 15 1 545,294 918,065 637,646 634,873 638,395 639,118 50,274 60,042 42,192 141.910 140,721 141,748 100,000 199,133 199,133 - 39,74 362,01 292, 272,04 299,1, 330.31 Bank of Wooster. 1836. Nov. 7I https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 298,128 33,648 1 20(014i 25 INDIANA. State Bank of Indiana. Date. Loans and discounts. _ NIL July 9 23 Aug. 6 Sept. 20 3 17 Oct. 3 15 31 Nov. 12 2,776,369 2,775,350 2,766,723 2,787,271 2,778,103 2,801.193 9.745,468 2,783,819 9,818,704 2,999,920 , Specie. Treasurer United Statea. 1,096,820 1,166,112 1,128,713 1,102,595 1.126,030 1,006,457 977,119 963,029 953.499 972,575 Public officers. 1,767.879 1,785,890 2,027,477 2,358,807 2,200,645 1,779,371 2,048,206 1,971,964 2,026,834 2,012,049 Circulation. 8,464 8,896 8,777 11,633 20,686 15,659 12,842 13,991 13,252 13,522 2,057,300 2,001,495 2,019,245 2,032,235 2,035,575 1.927,130 1,834,310 1,870,740 1,9'25,150 1,813,835 Branch of State Bank of Indiana, at Madison. _ 1136. Aug. 27 Oct. 15 1 330.770 369,916 . 111.507 S 9 i6I 1.1 280,000 280,000 7I,S0R Branch al Mate Bank of Indiana, at 1 ,aterencehurg. Roc Oct. Ii 31 Nov. 1.2 179,556 281,611 274.30 65,001 73.859 51,516 159,251 I 159,211 ; 159,251 S 653 562 449 156,850 134,725 139,070 NO1S. Bank of Illinois, at Shatimeetown. ( AN. 3uly 15 Aug. 20 Sept. 3 i 17 30 1 Oct. 15 Nov. 19 26 .......___ _- 98,378 101.0,4 103,070 113,110 129,139 128,581 145,390 177,616 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 91,755 96,945 97,304 98,114 30,966 99,879 36,185 36,816 96.000 26.000 96.000 46,000 49,370 72.990 72,320 41. 67,246 68,059 74.846 76.295 76,187 76,159 71.967 94,698 21 26 MISSOURI. Agency of the commercial Bank of Cincinnati, at St. Louis. Date. Loans and discounts. 1 16 31 Aug. 13 27 Sept. 17 30 Oct. 15 29 Nov. 12 /836. July 1,466,223 1,484,893 1,412,081 1,394,140 1,480,374 1,609,684 1,634,830 1,653,946 1,707,439 1,703,656 Specie. 298,215 209,901 242,181 192,073 152,857 117,530 141,760 97,211 114,920 161,298 Treasurer United States. 2,804,330 3,031.187 2,766,764 2,471.054 2,340,554 2,238,294 2,144,450 2,004,626 1,910,103 2,108,899 Puclic officers. Circulation. 62,043 50,137 92,030 188,876 135,914 136,918 101,615 90.220 77,195 61,738 MICHIGAN. Bank of the River Raisin. i 836. July Oct. Nov. 9 15 22 29 15 30 947,245 '214,456 218,997 223,436 229,818 231,197 21,100 40,933 46,568 44,734 46,134 47,610 , 80,000 80,000 80,000 80,000 80,000 - 178,27 121,26. 127,96 127,95 138,601 152,36. Bank of Michigan, at Detroit. 1836. July Aug. Sept. Oct. Nov. Dec. 1 15 1 15 1 15 1 15 1 15 1 https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 2,261,329 2,387,014 1,878,723 1,841,559 1,651,990 1,740,017 1,567,720 1,576,723 1,478,786 1,478,730 1,375,566 78,214 85,999 242,893 228,055 181,510 103,613 103,613 125,912 189,062 257,117 326,635 1,698,250 1,662,067 1,812,352 2,145,808 1,738,209 1,473,273 1,254,930 1,412,518 1,320,417 1,090,206 1,190,513 35,490 64,740 83,575 61,910 59,364 228,125 253,945 107,851 89,794 123,561' 111,950 868,902 949,870 981,287 998,285 701,95S 674,057 640,000 660,59C 584,217 593,1CC • 575,70 EC9*(19 001,' ZEZ`E0I ZSVOE5 966'1.65 609L01 fit l'SIE ect'ec 9os'toz I8'90E I I0'98E ScrOEC I96`ZZE 061.01E Lat'eoa Lt t`cs got! t6VOI 89E4G 090`L ELLII 1,133 •ta(fln1tn3.1!;) rs's93 toc,'ts5 opegpa 00Z.60 opg'so' 00e006 SIT9`998 I GfiD•LNI.I smear'I oio48se oto`c9V Z98113p zots t96`69 tG946/,, cts•sc !Wu o'Wks. OL0'9L I caorto) s9669 NOLO paipia -Jo 311 n •a!oads ,S3p4rn3aj4- https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis 9s6'E 19 1,St'Lt9 616'419 1.94,61.99 Lt,I icEI. 01.519SL OtG'008 £86S9 950.8GL OWCZEI L60'918 .Inunosi.p put SUI:10.1 ' 311111 pup sJapupd •vanupu00—IsIV911101111 [ https://fraser.stlouisfed.org Federal Reserve Bank of St. Louis