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o < £ - t ' ^ lz^ ^ l^ L < <y At^c Jr \s 'Z t ^ L ^ i/ A N A D V E N T U R E IN C O N S T R U C T IV E F IN A N C E AN ADVENTURE IN CONSTRUCTIVE FINANCE GARDEN CITY NEW YORK DOUBLEDAY, PAGE & COMPANY 1927 •v J CO N TENTS PACE CH APTER I. Romance in the Garb of History I “ The Unseen Guardian Angel” IS I I I. A D iary of Things Imagined 37 IV . Origins of Financial Freedom 58 V. Wilson Appears in the Picture 73 A Threatening Flank Movement 93 II. 112 A Memorable Currency Caucus . 133 Sharp Fight in the House *49 The Struggle Before the Country 162 A Diverting Party Break Various Extraordinary Occurrences 197 X II I . The Bank Bill in Conference . 212 X IV . The Miracle Accomplished 225 V II. V III. IX . X. X I. X II . XV. X V I. A M yth Destroyed . Old Guard's Last Stand V 00 The Bankers Excluded HH V I. . . . . 237 255 vi CONTENTS C H APTER X V II. PA G E A “ Conspiracy” That Didn’t O c c u r ..................................... 273 X V I I I. A Summary of Achievements . 290 Appendices — A. Speech of Hon. Carter Glass, De cember 22, 19 13 ...3 17 B. Text of the Federal Reserve Act . 337 I n d e x .............................................................. 419 I alone am responsible for the narrative here presented, which has been written out of my own knowledge of the circumstances recited and my observation of the events. This one thing 1 do know and assert, in whatever degree the state ment may seem to lack proper reserve, that there is no man living who, from beginning or in the progress or at the ending of federal reserve legislation, was more closely or constantly than I privy to and identified with the consideration and enactment of the law under which the federal reserve banking system was set up. There were not many important things said on the subject, and fewer written, that have not a place in the vast abundance of memoranda of all kinds which I assembled in that period, em bracing several thousand letters, monologues, drafted bills, private minutes of House com mittees, conferences and party caucuses, with data of other descriptions, public and con fidential. Ever since the enactment of the federal reserve law it has been m y intention to write, some day, V ll Vlll INTRODUCTION a story of the many inside events word of which never reached beyond a closely restricted circle and had no such thing as current newspaper at tention. There were also incidents of the pro tracted and, sometimes, hitter struggle which, while given a passing notice, were never ade quately explained or comprehended in their startling significance. Realizing how hard it is to adorn a narrative about a dry, complex prob lem with imagery sufficient to engage and retain popular interest, I was not over-eager to enter upon a task for the pursuit of which, in a literary sense, I was conscious of an acute deficiency. Best done, the accomplishment would require a rich vocabulary, with a dexterity of expression which would give colour and animation to the scenes and occurrences depicted. And it was this thought that conspired with an equally valid obstacle, in the nature of a ceaseless oc cupation with public business, to postpone for thirteen years this attempt to relate briefly, in simple fashion, the real history of the Federal Reserve Act. Very likely my desire to tell the dramatic story would have abated, and even faded away, as so often happens with cherished intentions, had not there recently issued from the presses a work by Doctor Charles Seymour, a professor of history at Yale, in which the paternity of the Fed- INTRODUCTION IX eral Reserve Act and its particular management are placidly ascribed to Colonel E. M . House, whose “ Intimate Papers” are presented as the source of this astounding pretension. Because the rank and vocation of the editor of that work are calculated to get for this utterly unfounded claim a measurable credence among those un acquainted with the facts, my purpose to present the real truth of the matter has been sharply revived and here is put into execution, to the end that this narrative may overtake and destroy the fiction which has been launched by Professor Seymour in the guise of history. Whatever defects may attach to what appears in these pages, I think it must be conceded that there has been no imitation of the artifice con stantly employed by the editor of the House Papers of substituting inference for fact and making deduction answer for proof. Neither has one particle of use been made of delusive implications. Conversely, what is meant is said outright. Not only have the facts been exactly stated; but, in every case, they have been fortified by literal corroboration, which can not be brought in question. Of the negligible instances of conjecture which m ay seem to in volve personal motives it can confidently be said that the related circumstances afford full justification. At no point has there been at- X INTRODUCTION tempt to twist the truth awry to confirm a pre conceived conclusion. Among the half-dozen critical friends to whom, as a precaution, I chose to submit the manuscript of this narrative, was one of a pacific nature, with long and varied experience in giving advice. He frankly suggested that the first three chapters of the book might be omitted since, in his judgment, the remaining chapters, which tell a constructive story, “ constitute a devastating refutation of the things with which the controversial chapters deal.” Of this I venture no doubt; but, yielding obedience to a sense of indignation subordinate only to a desire to tell the truth, I am resolved to let the entire chronicle stand as indicative of both my knowledge of the facts and my feeling at the attempt to pervert them. C a r ter G l a s s . Montview Farms, Lynchburg, Virginia, December 23, 1926. A N A D V E N T U R E IN C O N S T R U C T IV E F IN A N C E 2 AN ADVENTURE IN CONSTRUCTIVE FINANCE Intimate Papers of Colonel House, I shall have to confess a total inability to discriminate fact and fiction, albeit I have acquired, among those who best know me, the reputation of being a severely practical person. It is not especially important to have it pre cisely determined who was the author of what is known as the Federal Reserve Act. To whom may fairly be ascribed the greatest measure of credit for setting up this notable banking system is of little consequence in comparison with the universally conceded fact that the system, by whomsoever conceived, has proved the most feasible and effective scheme of national reserve banking ever devised. I f there was a trace of exaggeration in the estimate of that seasoned English economist who declared the federal re serve system “ worth to the commerce of America more than three Panama Canals,” nevertheless, it must be conceded that, in the orucial test of a world war, it was found to be more indispensable to civilization than three times three Panama Canals. This merely means that I agree with the considered judgment of those eminent bankers of this and other lands who have said that the World War could not have been financed but for the Federal Reserve Act. And if not financed, of course, it could not, except at in finitely greater sacrifice, have been won by the ROMANCE IN THE GARB OF HISTORY 3 United States and associated nations. Thus, in a final analysis, the real value of this one achievement of Wilson’s administration might be fairly appraised by simply leaving to the hu man contemplation what further slaughter and destruction would have ensued or what would be our situation to-day had we lost the war with the Central European Powers! While, as I have said, it is not vital to the in terest of current history that we should know precisely about the paternity of the Federal Reserve Act, at least it would seem obligatory upon those acquainted with the facts not to sit silent or remain acquiescent when serious at tempt is made by persons of repute to establish as the truth an utter perversion of the circum stances connected with this remarkable legisla tion. Culpability, in such event, would be ac centuated if it should appear that such literary legerdemain applied to federal reserve legislation is, if uncontradicted, to be received as imparting verity to other asseverations which may or may not be quite as mythical, but which kindredly affect the reputation of a great man now dead. It was this latter consideration that instantly engaged my thought on reading the chapter of the Intimate Papers of Colonel House in which Professor Seymour, by capricious arrangement 4 AN ADVENTURE IN CONSTRUCTIVE FINANCE and preconcerted deduction, would have it ap pear that Woodrow Wilson possessed no knowl edge of banking and currency matters nor had any understanding of the philosophy of the problem; that he was compelled to rely on the profound discernment of Colonel House, por trayed by Professor Seymour as the real author of the Federal Reserve Act and the concealed manager of the legislation before Congress! Of all repugnant things, to me the most ob jectionable is to feel obliged to project one’s self into personal controversy which may neces sitate a recital in some detail of the disputant’s part in a transaction affecting the public welfare. However, so amazingly contrary was Professor Seymour’s “ historical narrative” to everything that I know to be true of federal reserve legisla tion, both as to its inception and its direction at Washington and elsewhere, that I find myself unable to resist the impulse to strip it of all dis guise and reveal the disingenuous nature of it. An exceptionally pleasant personal contact with Colonel House and consequent estimate of his character would make me hesitate to believe that he could be willing to assume one particle of responsibility for the manipulation practised b y his editor in the use of certain scanty data or for the meanings attached thereto. At the same time, it puzzles one’s understanding to arrive ROMANCE IN THE GARB OF HISTORY $ at a rational explanation of Colonel House’s silence in the face of this altogether remarkable performance. Fortunately for the trust, Professor Seymour summons witnesses who are readily available for cross-examinaton— indeed, for actual confuta tion of the alleged facts as far as their knowledge extends. For example, at the end of a long prel ude in which Professor Seymour to his own satisfaction establishes in Colonel House the au thorship of the Federal Reserve Act and the managerial force behind the legislation, he says: “ Few persons suspected the share taken by Colonel House in the formation and passing of the Federal Reserve Act, and he said nothing that might enlighten the public. Towards the end of December, 19 13, after the Senate had ap proved the bill, House was discussing it with two outstanding journalists, Lawrence of the Associated Pibss and Price of the Washington Star. ‘ I wish you would let me tell about your activities in making the bill,’ said the latter. But the Colonel was obdurate in his insistence upon silence. ‘ Will you stay over to see it signed?’ asked Lawrence. But now that the main job was accomplished, House admitted he lacked sufficient interest in any mere ceremony to keep him in Washington.” 6 AN ADVENTURE IN CONSTRUCTIVE FINANCE Recalling distinctly that Mr. Lawrence had been assigned to cover federal reserve legislation before the House and Mr. Price all important events at the White House for the period indi cated, it was to me incredible that either of these gentlemen could have surmised that Colonel House had any hand in the formation or manage ment of federal reserve legislation or was en titled, by reason of any such supposition, to figure at a ceremonial in celebration of the event. I therefore addressed a note to Mr. Lawrence under date of April 3, 1926, in which I said: U nited S ta t e s S en ate Washington, D. C. April 3 / ’26. D ear M r . L a w r e n c e : . . . In the Intimate Papers of Colonel House, recently from the press, I notice a state ment by Professor Seymour to the effect that Mr. David Lawrence, of the Associated Press, and M r. Price, of the Washington Star, had besought Colonel House, when the Federal Reserve Act was about to be approved by the President, to permit them to tell what they knew of the former’s great contributions to the solution of the federal reserve problem. Colonel House, it is alleged, obdurately refused to do this; but, con textually in the book, crafty manipulation of ROMANCE IN THE GARB OF HISTORY 7 random extracts from Colonel House’s diary conveys an implication that Colonel House was largely the author of the Federal Reserve Act and “ the unseen guardian angel” of the entire legislative proceeding. As chairman of a subcommittee, and subse quently as chairman of the Banking and Cur rency Committee of the House in 19 12 - 13 , I was directly charged with the duty of initiating and managing to its conclusion legislation for reform of the banking and currency system of the country. I f there was a single day from the spring of 19 12 to December 22, 19 13, that I was not, along with my colleagues, aggressively at tentive to the assignment, I do not recall what day it was; hence I have imagined that I had some familiarity with the events of that period. I f there is a single sentence in the text of th statute which was written or suggested b Colonel House, or if there is a solitary provision of the measure the substance of which had its origin or primary advocacy in that quarter, I con fess utter ignorance of the fact. Since it is my purpose soon to write a chronicle of federal reserve legislation with its many dramatic episodes, will you not do me the favour immediately to disclose to me your actual knowledge of Colonel House’s vital contributions to the measure and to its management in Con- 8 AN ADVENTURE IN CONSTRUCTIVE FINANCE gress? Perhaps you m ay be willing to tell me the things that Professor Seymour so singularly omits from his narrative in such degree as to make his story as printed seem little, if at all, short of parody. To relieve the Seymour ac count of this interpretation, I would like you to point out those parts or provisions of the Federal Reserve Act, in any of its stages, with which Colonel House had anything whatsoever to do or with which any one of the bankers whose names figure cryptically in his diary had any thing to do. Woodrow Wilson is dead and cannot, even if he ever would have bothered to do it, respond to the amazing suggestion that he had to be tu tored by Colonel House in the elementals of the banking and currency problem. The maladroit suggestion, if it m ay not be called an actual as sertion, by Professor Seymour, is so directly in contravention o f the facts as I know them that I confidently assert there is notone particle of truth to it. And in a little while I shall present evi dence from the record to justify my characteriza tion of this performance unless, in the meantime, you will be good enough to supply me with the contrary information which Professor Seymour, after Mr. Wilson’s death, says you possess. Sincerely yours, C ar t e r G l a s s . ROMANCE IN THE GARB OF HISTORY 9 Responsive to this inquiry, Mr. Lawrence said he had no recollection of the circumstance cited and no knowledge of federal reserve legisla tion apart from that obtained day by day from the chairman of the House committee having the problem in charge. Later, Mr. Lawrence sent a formal acknowl edgment of the foregoing note in which, misap prehending that I was trying to identify my self explicitly with the measure, he was at pains to recall this writer’s part in the prepa ration and passage of the currency bill. This was gracious enough but was not what was wanted. Mr. Lawrence was again asked to fortify, if he could, Professor Seymour’s as tounding postulate with respect to Colonel House’s initiative and guardianship of the bank bill. On April 28th, Mr. Lawrence wrote: Washington, D. C., April 28/26. D ea r M r . G l a s s : . . . I am sorry I do not have any first hand information on this subject. In fact, I have only a vague recollection that we corre spondents in Princeton, in the pre-inauguration days, were told either by Governor Wilson or someone who spoke for him that Colonel House was to present to you some ideas that he had 10 AN ADVENTURE IN CONSTRUCTIVE FINANCE gathered with reference to proposals for cur rency reform, which were then being discussed. Whether these were ever presented, I do not know. I remember your own visit to the cottage in Princeton in December, 19 12, and that I as Associated Press correspondent wrote a dis patch to the effect that you had discussed cur rency proposals with Mr. Wilson. Beyond this, I have no information on the subject. Sincerely yours, D avid L a w r e n c e . As was confidently anticipated, this one of Professor Seymour’s witnesses could impart no corroborative information beyond “ a vague recollection” of something that was alleged to be in contemplation, but which never happened. Before I could dispatch a note to Mr. William W. Price, in 1913 connected with the Washington Star, the newspaper writer who, according to Professor Seymour, was eager to immortalize Colonel House, that gentleman wrote me as follows: Washington, D. C., April 25, 1926. M y dear S enator G l a s s : I understand there is a statement in the In timate Papers of Colonel House to the effect that I ROMANCE IN THE GARB OF HISTORY It asked his permission in December, 19 13, to make public his part in the formulation and passage of the Federal Reserve Act. As a mat ter of simple justice . . . I think it my duty to write you and say that I have no recollection of any such conversation with Colonel House or of ever having in my mind that Colonel House did have an influential hand in this particular legislation. To the contrary, it is my distinct recollection that President Wilson did give you the bulk of the credit for framing and getting through the opposing currents of Congress this most useful and valuable act— so much so, in fact, that it was confidential information with me for a long time that your achievement would eventually be rewarded by the President, if he ever had op portunity, by appointment as Secretary of the Treasury. Yours truly, W. W. P r ic e . Since neither party to a litigious proceeding may discredit his own witnesses, it must be in ferred that this phase of the Seymour narrative is pretty definitely disposed of by the testimony of the two ranking newspaper men the sub stance of whose letters is above quoted. Even so, the distinguished professor of history still 12 AN ADVENTURE IN CONSTRUCTIVE FINANCE has the supporting force of his own or somebody else’s invention about the “ obduracy” of Colonel House in refusing to be honoured by those gathered at the White House on the eve ning of December 2 3 ,19 13 , to witness presidential approval of the first revolutionary banking and currency measure passed by Congress within a period of half a century. Was it exactly “ obduracy” that Dr. Sey mour’s great banking philosopher manifested in disdaining credit for his masterpieces, or was it that innate modesty which is the “ ornament of a meek and quiet spirit” ? Either one or the other, how prodigiously amused Colonel House must have been at the ensuing seance! The play of Hamlet with the Dane in flight! Worse than that: the President of the United States consciously party to a counterfeit performance in decorating men who had only a paltry share in an economic and legislative achievement the genius and strategy of which were furnished by the reticent and retreating figure on the Congres sional Limited! Since Woodrow Wilson, for constitutional reasons only, did not consider it expedient to have Colonel House sign the President’s name to the engrossed currency bill, surely Professor Seymour must think that Owen and McAdoo and I should at least add to Colonel House’s collection of mementoes the gold pens ROMANCE IN THE GARB OF HISTORY 13 with which the presidential signature was at tached. Also, he should be given the signed bill engrossed on parchment, now in my library, and likewise the first ten-dollar federal reserve note printed, hanging against the wall of a national bank of my home town in Virginia. What a travesty that White House proceeding was! And what a farce to which the President wilfully lent himself, according to Dr. Seymour! On the other side, and contrary to this Seymour coinage, if it be reasonable to assume and easy to prove that President Wilson, with complete knowledge of every circumstance, was on December 23, 19 13, entirely sincere in his ascriptions of praise, modestly withholding only any reference whatsoever to his own inestimable contributions to an epochal political and legis lative achievement, it follows inevitably that this narrative of the Yale professor, as to its meaningless facts no less than to its fanciful deductions, is utterly devoid of value. Standing by itself as an appraisal of the character and accomplishments of Colonel House, it would leave him in a sorry plight, indeed, after the story should be divested of its fictional aspects; and this even with all the D iary entries attested as an accurate recital of things that happened, rather than, as in many instances, a droll mis interpretation of sayings and events. 14 AN ADVENTURE IN CONSTRUCTIVE FINANCE But for Colonel House’s cumulative admis sions of his own extraordinary achievements in nominating and electing Mr. Wilson to the Presi dency; in selecting the Cabinet and administer ing the affairs of government; in trying vainly to avert war and vainly trying to terminate it; in preparing for the conflict and arousing the fight ing spirit of the nation; in enlightening, persuad ing, and frightening European potentates and directing the statecraft of belligerent and neutral countries alike—but for these really fine things to commemorate the almost supernatural great ness of Colonel House, the tawdry embellish ments of Dr. Seymour about his “ guardian angel’s” imaginary part in federal reserve leg islation would assume the guise of what Edmund Burke describes as “ giving splendour to obscur ity and distinction to merit undiscerned.” C H A P T E R II ‘‘ t h e u n seen g u a r d ia n a n g el” A Unique Way of Establishing an Hypothesis—Is History Merely What a Writer Would Have It?— Some Rank Absurdities Exposed JT H O R S H IP of the Letters of Junius will remain a mystery to the end of time. Not even the skill of M acaulay in assembling and dissecting data and contrasting syntheses could leave more than a presumption in favour of Sir Philip Francis. And likewise, the writer of the Sonnets and the Plays attributed to Shakespeare is not yet sufficiently identified to the satisfaction of many men of letters. Three hundred years after the Stratford player’s death, there are those who believe that pilgrimages to the Avon should be directed to Saint Albans. On the contrary, not even the affirmative testimony of the famous Promus, or the Northumberland House scratchbook of Sir Francis Bacon, with its multitude of “ parallelisms” of thought and phrases identical with those found in the Sonnets and Plays, have made a convincing impression on Shakespeareans. In the Book of Genesis it is recorded l6 AN ADVENTURE IN CONSTRUCTIVE FINANCE that God said, “ Let there be Light; and there was Light.” Y et skeptics, who also are great scientists, pronounce this story of the creation oriental nonsense! But the professor of history to whom was con fided the task of editing and publishing the In timate Papers of Colonel House has discovered a new and quick w ay of establishing an hypothe sis and having it accepted for the truth. The invention should enhance his reputation as a teacher of history. To prove the economic vision of Colonel House and to confirm his own astute conjecture as to the paternity of the Federal Reserve Act, Professor Seymour’s penchant for research was rewarded by finding in Philip Dru a reference to banking and currency so pregnant with light and learning as to settle definitely for all time the origin of federal reserve legislation. P hilip Dru, it may be explained, personifies the title of that work of fiction as cribed to Colonel House from which, it is gravely alleged, Woodrow Wilson drew inspiration for the few things he did as President of the United States without the corporeal aid of Colonel House. L et’s see how impressively and with what consummate ingenuity Professor Seymour ad duces evidence of Colonel House’s prescience and his ripened capacity for dealing with prob lems so complex as to have baffled statesmen for “ t h e u n s e e n g u a r d ia n a n g e l ” 17 a quarter of a century: Enumerating the mis takes of the founders of the Republic, Colonel House, masquerading as Philip Dru, started a crusade on paper for reformation in government. Although President Wilson did not live long enough to be used as an agency for precipitating the suggested revolution in the parliamentary system of the nation, he was utilized in time to give the country an improved banking and cur rency system conceived by Colonel House and by him formulated and managed through both Houses of Congress. As already noted, Mr. Wilson was permitted to sign the Act himself, be cause the Constitution required this much. But that the architect and builder was Colonel House, there is here presented the significant reference to the currency problem found in Philip Dru, written by Colonel House in the lat ter part of 19 12, and exhibited by Dr. Seymour in 1926 as conclusive of the point in question: “ Philp Dru also provided for the ‘ formation of a new banking law, affording a flexible cur rency bottomed largely upon commercial assets, the real wealth of the nation, instead of upon debt, as formerly. . . . Its final construc tion would completely destroy the credit trust, the greatest, the most far-reaching, and under evil direction the most pernicious trust of all.*” 18 AN ADVENTURE IN CONSTRUCTIVE FINANCE It is not with malice, but with genuine amuse ment, that I seem to remember having read and heard something of this nature away back yonder, prior to the Indianapolis conference of currency experts, twenty years before Colonel House, in Texas, had begun to set up magistrates and create Senators. For eight years in the Banking and Currency Committee of the House o f Representatives, from time to time earnestly striving for reserve banking legislation, this exact phrase, quoted by Professor Seymour from Colonel House’s P hilip Dru as a revelation of rare sagacity, had been bandied about a thousand times before we ever tackled the measure known now as the Federal Reserve Act. “ An elastic currency,” based on commercial assets, rather than “ a rigid currency,” based on the bonded indebtedness of the nation, was alleged to be the goal of the Indianapolis bill and, years later, o f the Walker bank bill, the Fowler bill, the Williams bill, the Vreeland bill, the Aldrich bill, and the composite Vreeland-Aldrich bill. The National Monetary Commission, and the Citi zens’ League organized to finance and otherwise promote the central bank plan projected by it, crammed this idiom to the point of satiety. The phrase became so trite as once to overtax the patience of a profane colleague and provoke the expletive: “ Oh, hell! Everybody wants “ th e u n seen g u a r d ia n an g el” 19 that; but nobody seems to contrive a w ay to get it!” But, as casually furnished to Colonel House by a distinguished economist and put on the pen-point of Philip Dru, the phrase, to our Yale professor, assumed the aspect of a divine command. In brief, paraphrasing Genesis, House in a novel exclaimed: “ Let there be a Flexible Currency; and there was a Flexible Currency!” —this for Dr. Seymour was crowning evidence of Colonel House’s marvellous per spicacity and his gift for legislative detail. And the professor is simple enough to imagine that there is nobody left, after Mr. Wilson’s death, who might be expected authoritatively to reveal the childishness of such fudge! The Creator of the heavens and the earth did not deign to argue the question or to supplement the fact by proof. Professor Seymour in sifting the “ intimate papers” of Colonel House to justify his singular premonition of his friend’s genius for economics and his craftsmanship in statutory construction, piles circumstance on circumstance in the process of demonstrating his case from the confessions of the Colonel’s own D iary! Strict fairness to Colonel House compels the state ment that in none of these notations does he precisely assert for himself the paternity of the Federal Reserve Act. It is only by conjoining the context of the Seymour story and the entries 20 AN ADVENTURE IN CONSTRUCTIVE FINANCE of the House D iary that we get from this literary alchemy a blend which has altogether the flavour of asserted authorship. For this false compound Professor Seymour seems primarily responsible, albeit Colonel House cannot escape a share of culpability as long as he gives to this book the sanction of his silence. It is a part of the purpose of this chronicle to examine the House D iary and clearly to set in view the utterly futile nature of the entries upon which the Yale book-maker has relied to misappropriate credit for the greatest legislative achievement of Woodrow Wilson’s administration. Preliminary to presentation of the Diary items, the editor of Colonel House’s Intimate Papers makes many assertions on no visible authority beyond his own inaccurate surmises. There is not the scratch of a pen from any corroborative source; nor could there be, for Professor Seymour’s narrative on “ Currency Reform” is a profanation of history. He avers that, in the autumn of 19 12 and spring of 19 13, “ even in the midst of forming a Cabinet, House worked constantly on the currency problem,” and then continues: “ The task which Colonel House set himself was primarily to prevent the President-elect from committing himself to any one scheme until “ t h e u n s e e n g u a rd ia n a n g e l ” 21 the problem had been thoroughly studied; later he guided the measure so that it was left in the control of experts and preserved from the heresies of political incompetents. The Colonel was the unseen guardian angel of the bill, con stantly assisting the Secretary of the Treasury and the chairmen of the Senate and House Committees in their active and successful labour of translating it into law.” Reserving the right, of course, to alter, amplify, or discard entirely the currency scheme verbally outlined to him by me at Princeton on December 26, 19 12, and later submitted in a preliminary draft at the Executive offices in Trenton on Janu ary 30th following, M r. Wil son may be said to have already “ committed himself” to every fundamental provision of the Federal Reserve Act before Colonel House could have known what was contemplated or what the bill actually would contain. When the currency bill was in shape to be ‘ ‘ translated into law,” Colonel House was three thousand miles away. He set sail for Europe before he could even have guessed the personnel of the committee which was to have charge of it, for the committee had not yet been named. The impertinent assertion that “ he guided the measure so that it was left in the hands of 22 AN ADVENTURE IN CONSTRUCTIVE FINANCE experts and preserved from the heresies of political incompetents” is as offensive a fabri cation as was ever penned on paper. Until his boat was about to leave the wharf, he had not seen a draft of the measure, and should not then have been permitted to see it. The only technician in whose hands it had ever been was Dr. Willis, the expert of the sub committee of which I was chairman. Colonel House, on the eve of his departure, procured from a high official an incomplete copy of the bill. Sailing on the same vessel was a distin guished banker whom he apparently had con stituted his tutor in currency matters; and pretty soon there came back from this latter gentleman in Switzerland two rather impatient but precise criticisms of the federal reserve bill, for private circulation among a select group of bankers. Thus the chief contribution of Colonel House to currency reform up to this moment was to get an adverse critic to bombard the measure. He seems also to have succeeded in teasing the credulity of other bankers by stimulating their belief in his intimate association with the work. As for “ preserving the bill from the heresies of political incompetents,” it would be interesting to have Professor Seymour tell us exactly how it happened. No legislative measure ever de vised was subjected to fiercer partizan attack 1 “ t h e u n s e e n g ua rd ian a n g e l ” 23 than this very currency bill; and the bitterest critics, as the most pestiferous, were two politi cians in Congress from Colonel House’s own state. It is a pity the magician did not wave his wand in their direction. He might have saved us the trouble of pounding them to pulp and mercifully preserved them from painful humiliation. It was in reference to one of these politicians that Henry Watterson reproved the chairman of the committee for “ using dynamite where insect powder would do.” A simple narrative of facts, which may readily be verified, will demonstrate how impossible it was for Colonel House, in the autumn of 19 12 and in the spring of 19 13, to have performed the great things to which Professor Seymour so swiftly bears witness: As chairman of a sub committee, the present writer in that period was deeply engrossed in currency matters; but the House Committee on Banking and Currency which dealt with the federal reserve bill was not yet named for the Sixty-third Congress and, hence, was without a chairman from March 4th until June 3, 19 13. It was not certain that I would be made chairman1, as powerful central nrhe plan which was finally determined upon (by the advocates of a C^ tr3f kan*0 was that of arranging to supersede Mr. Glass in the head ship of the Committee—Mr. Glass was the second member in seniority or rank in the Banking and Currency Committee; and, upon the retire ment of Chairman Pujo, the headship of the whole Committee would naturally pass to him—the problemwas simply that of securing a com- 24 an ADVENTURE IN CONSTRUCTIVE FINANCE bankers were feverishly manoeuvring to prevent; therefore, the work then being done by me and by the subcommittee expert at my direction was based on a mere contingency. For this reason it was kept fairly well to ourselves. I did not ac quaint my intimate friends in Congress with the exact nature of the work; how utterly foolish, then, for Dr. Seymour to assume that I was telling a total stranger like Colonel House all about i t ! There was no Senate Committee on Banking and Currency in the autumn of 19 12 , nor until March 18, 19 13 , when such a committee was named for the first time in the history of that body. Senator Owen, born in the same town within one block of my birthplace, was its first chairman. It could not have been known to Colonel House or to anybody else that the Senate would set up such a committee, and much less could it have been conjectured that Mr. Owen would be made chairman of it if con stituted. Hence, Colonel House in this period had no occasion to “ aid” a chairman of a Senate committee that had no existence in the prepara tion of a currency bill of which Colonel House could have no knowledge. And here it may be related that former Senator Owen, in personal conversation with me, flatly contradicted the bination that would transfer the succession in some other direction.— H. Parker Willis in The F ed era l Reserve System . “ t h e u n s e e n g ua rd ian a n g e l ” 25 statement of Dr. Seymour that Colonel House “ constantly assisted” him in federal reserve matters. Mr. Owen not only entered a general denial and made sharp characterization of Professor Seymour’s “ historical” twaddle, but later sent me this note: Washington, D. C., September 15, 1926. H onourable C a r t e r G l a s s . United States Senator, Washington, D. C. H ear S e n a to r : In response to your inquiry, I briefly reply that Colonel E. M . House had nothing to do with in fluencing my activities in connection with the Federal Reserve Act, nor do I recall any item in the bill which he sponsored. M y first draft, before you and I consulted with regard to it, had no item in it due to any suggestion from him. Yours very respectfully, R o bert L. Ow e n . In m y service as congressional subcommittee chairman, charged with a solution of the currency problem, Colonel House saw me briefly three times: first as a total stranger, to “ size me up,” I think, for a group of bankers; next to 26 AN ADVENTURE IN CONSTRUCTIVE FINANCE talk patronage, and lastly to learn something about the currency bill which Professor Seymour says Colonel House constructed! In my service as chairman of the Banking and Currency Com mittee of the House, named while Colonel House was abroad, I recall no contact, direct or indirect, with him for a time long before the currency bill was introduced in Congress until long after it had been enacted into law and approved by the President. Thus, if in this severely careful recital of the extent to which Colonel House “ constantly assisted” the chairmen of the Bank ing and Currency Committees of the Senate and House Professor Seymour can find warrant for his medley of amazing misrepresentations, nobody should begrudge him the comfort derived. And how unspeakably ridiculous Dr. Seymour needlessly makes himself and Colonel House, too, when he weaves into his story this bit of transparent rubbish: “ Colonel House was indefatigable in providing for the President the knowledge that he sought. He collected in his study the banking laws of every nation in Europe. He gathered reports and abstracts from college professors of eco nomics and banking. But he laid chief stress upon his frequent conferences with the bankers “ t h e u n s e e n g ua rd ia n a n g e l ” 27 themselves, especially those who had had prac tical experience in drafting previous bills for Republican Administrations.” All th is: as if Woodrow Wilson, historian, stu dent of government, President of Princeton, Governor of New Jersey, President-elect of the United States, was not perfectly aware of the fact that there was immediately at hand, in bound annotated volumes, the completest library in the world on banking and currency, freshly assembled by the National M onetary Commis sion at a cost to the federal contingent fund of ^I02,357.37! All this baffling chatter: as if the chairman of the House subcommittee had not fully apprised M r. Wilson of the hearings ar ranged, the tomes of data collected, the unending stream of currency bills en route to the com mittee “ morgue” ! All this amusing fiction: as if the President had not seen the committee’s prepared questionnaire already posted to college professors, textbook writers, bankers, and busi ness men, some of these names suggested by Governor Wilson himself! Before leaving Tren ton for the inaugural ceremonies at Washington, Mr. Wilson, as my letter files abundantly at test, was fully advised of the nature and effect of hearings had at the Capitol and the character o f persons examined. Embraced in the list 28 AN ADVENTURE IN CONSTRUCTIVE FINANCE were many eminent bankers, statists and po litical economists of this and other countries. Y et Colonel House, according to the ebullient editor of the Intimate Papers, was “ indefatigable in providing for the President knowledge” that the President already abundantly possessed and that Colonel House himself had no use fo r! Was there ever such artlessness? And what person with a child’s knowledge of legislative processes at Washington could repress a smile at Professor Seymour’s comic prattle about “ the stress laid” by Colonel House on the latter’s “ frequent conferences with bankers who had had practical experience in drafting previous bills for Republican administrations.” This is so to speak, Dr. Seymour’s chef d'oeuvre! It is a suggestion sui generis! Nothing comparable to it adorns the annals of legislative contrivance. Colonel House, the “ silent partner” of a Demo cratic President and, according to Seymour the “ guardian angel” of currency reform under a Democratic administration, conspiring with bankers who had failed utterly under Republican regimes, in expectation that they might succeed under adversary auspices! The absurdity of this recital by Colonel House’s editor is abated not one whit by the fact that there were no such bankers. In the half century dating from the enactment of the “ t h e u n s e e n g ua rd ian a n g e l ” 29 national bank act, not a single comprehensive at tempt was made by Congress even to consider a reserve banking measure. There was in this period no persistent effort at a revision of the na tional bank act with a view to a readjustment of the currency system. The Walker emergency bill was a feeble approach, but Representative Walker was dead and not available for confer ence with Colonel House. The Fowler bank zone bill had some sound and feasible provisions, but was not drafted b y bankers. Representative Fowler himself appealed so little to a Republican administration that Speaker Cannon summarily deposed him as chairman of the House Com mittee on Banking and Currency for even daring to disturb the sanctity of the national bank act. Neither the Vreeland bill nor the Aldrich bill, separately or conjoined, pretended to be more than a transient makeshift for emergency pur poses, and their authors bitterly opposed the bill which Dr. Seymour imputes to Colonel House; so, who and where were the bankers frequently consulted by Colonel House “ who had had practical experience in drafting bills for Republican Administrations” ? The banking and currency bill appended to the report of the National Monetary Commis sion, which took the name of Senator Nelson W. Aldrich, was submitted to a Democratic 30 AN ADVENTURE IN CONSTRUCTIVE FINANCE Congress, but was never considered by a com mittee of either House. This bill provided <fa central bank of banks, for banks and by banks.” It is said to have been largely the craftsmanship of two highly intellectual persons, one a banker of international repute and in every w ay an accomplished gentleman. Hence, divested of all mystery, what Professor Seymour should have said in truth was, that Colonel House, knowing next to nothing of the currency problem himself, sought the tutelage of this very banker, became an advocate of the Aldrich scheme, and en deavoured to ensnare President Wilson into a repudiation of his party’s platform declaration against a central bank! In a letter to Mr. Wil liam J . Bryan, telling of a talk with Mr. Wilson on general topics, Colonel House wrote; “ He [Wilson] is also opposed to the Aldrich plan, but I think you are both wrong there. You will have to convert me the next time I see you. I am inclined to think that Aldrich is trying to give the country a more reasonable and stable system.” In a word, Colonel House favoured the Aldrich scheme, as many others did, without knowing why. That nobody ever weaned him from the “ t h e u n s e e n g u a rd ia n a n g e l ” 31 central bank idea1 which had been taught him by his banker friend is as literally true as that Wil son never did “ ultimately accept House’s argu ments for centralized control of banking,” as asserted by Seymour. In a letter to Governor Wilson pretending to describe his first interview with me in Washington, Colonel House made a statement and employed a species of sophistry which were carefully expunged from the letter as presented by his editor of the Intimate Papers. The letter preceded my visit to Princeton and was among Mr. Wilson’s papers when I arrived. The part of it which was not printed by Dr. Seymour read: “ It was interesting to hear him [Glass] tell of Bryan and the suggestions made by him. I ran over briefly what I considered might be a satis factory measure. He replied that it seemed all right, but it looked as if I had in mind central control. I told him that no measure could be efficient that did not have a central control. He then said that the platform forbade it. In this, however, I think he is mistaken. “ The platform says: ‘ We oppose the socalled Aldrich, plan for the establishment of a ^Wherever the term “central bank” occurs in this narrative it means a central bankof banks,” dealingonly with member banks of a system, and not a central bank in the European sense, transacting business with the public. No American banker advocated a central bank of the lat ter description. 32 AN ADVENTURE IN CONSTRUCTIVE FINANCE central bank/ This does not mean, I take it, that the central banking idea is opposed but that the Aldrich plan for a central bank is opposed.” Why this extract was by Professor Seymour omitted from Colonel House’s letter to Mr. Wil son as printed in the Intimate Papers is matter for curious conjecture. Its publication would have figured me in something that did not occur as well as in something that was never said__in which circumstances I might have been expected to enter a specific denial. It likewise would have revealed Colonel House as still an ad vocate of a central bank, even if to get it he must outwit the party platform on which Wilson was elected. At the time indicated, my information was limited and my education neglected with respect to “ the mysterious Colonel House.” I did not know there was such a person in existence. That November day in Washington, wherever I went it seemed I had barely missed an eager telephone call from Albert Burleson. When found and told that Colonel House was anxious to see me at the home of Hugh Wallace, I startled my Texas colleague by asking, “ Who is Colonel House?” To this extent had I been immersed in the currency problem: that I had not discovered Mr. Wilson’s “ other self!” On THE UNSEEN GUARDIAN ANGEL 33 the way to the Massachusetts Avenue residence, Burleson, much amused at my delinquency, set me wise by whispering how “ close and con fidential a friend” House was to Wilson. He supplemented this act of kindness by telling me Colonel House wanted to discuss with me “ the factional politics of Virginia” with a view to a suitable distribution of federal patronage under the approaching Democratic administration. To me, who regarded the federal patronage system with unspeakable dislike, this appeared to be an extraordinary incident. I saw and talked with Colonel House alone in a high-up room of Hugh Wallace’s home. He no more “ ran over briefly” with me what he “ considered might be a satisfactory [currency] measure” than did I run over with the predeces sor of George I I I the original draft of the Dec laration of Independence. Neither did I give Colonel House, as stated in the letter to Mr. Wilson, an interesting story of Mr. Bryan’s suggestions to me with respect to currency reform; for at that time Mr. Bryan had not parted his lips to me on the subject. Ap parently in a very casual way, Colonel House, in that conference, touched on currency matters by avowing his partiality for the Aldrich banking scheme. When I reminded him that we were precluded from considering the Aldrich scheme 34 AN ADVENTURE IN CONSTRUCTIVE FINANCE b y reason of the fact that Mr. Wilson and the next ensuing Congress had been elected on a party platform which, in terms, rejected the Aldrich bill, Colonel House suavely replied: “ I fear, M r. Glass, you attach too much importance to party platforms.” Had Colonel House men tioned to me the casuistical distinction with which, in the unpublished paragraph of his letter of November 28, 19 12, he sought to impress M r. Wilson, he would have been cautioned to read the Baltimore platform and note that its declaration was against “ the Aldrich plan or a central bank.” Thus, as we proceed, the reason for the Seymour excision of this paragraph of the House letter to Wilson is gradually disclosed. As it is said a rose by any other name smells just as sweet, so Colonel House, in this sup pressed extract from his letter, indubitably implied that a central bank bill with somebody else’s name substituted for that of Aldrich would flank the party platform and answer as well as the Aldrich scheme! He would evade the party platform by changing or to fo r— not greatly, but technically altering its meaning. Perhaps one should not harshly blame Dr. Seymour for casting out this monkey wrench in his proc ess of establishing for Colonel House paternity of the Federal Reserve Act. It breaks down his machinery. “ t h e u n s e e n g u a rd ia n a n g e l ” 35 As for M r. B ryan’s views on impending cur rency legislation, at the brief interview had with me in Washington Colonel House manifested rather than expressed nervous concern lest the Nebraskan should be permitted to dominate the situation. I told him in a sentence that Mr. Bryan’s known ideas about such matters in no sense accorded with m y own; and, while he would not be permitted to control legislation, I should not refuse to hear his suggestions nor fail to seek his cooperation whenever such a course seemed expedient. M r. Bryan had in House and Senate a formidable following, and it would be tactless to estrange him. This was every word said about M r. Bryan. The interview of Colonel House with me at the Wallace home in Washington, misrepresented in the particulars enumerated, as well as in others, terminated with an exceedingly brief ref erence to Virginia politics in which the two Senators from that state were by Colonel House plied with verbal caustic. T hey were at the time political adversaries of mine and had vigor ously fought M r. Wilson; yet it seemed a little singular that a total stranger should have so quickly assumed the task of excluding them from the light of the President-elect’s countenance and confiding to me the impossible and unwel come responsibility of dispensing federal patron 36 AN ADVENTURE IN CONSTRUCTIVE FINANCE age in my state. This patronage talk was, of course, a mere gesture to conceal the covert purpose of the conference which Colonel House had sought with me; and I left the house per plexed, if not a little inflamed, at what began to dawn on me as a trip of inspection by my in terrogator. It was patent that, among other things, Colonel House had come or been sent to Wash ington to “ look me over,” as a horseman will lift the tail and also peer into the mouth of an animal to be raced. With increasing suspicion and a little sense of humiliation, I began to wonder if Governor Wilson, suspecting my capacity for the difficult enterprise ahead, had dispatched a factotum to measure my knowledge of the currency question. Or was it that certain inveterate advocates of a central bank scheme were skirmishing to determine their line of strategy? I was to learn definitely that Mr. Wilson experienced no lack of confidence in me. I have yet to learn that Colonel House was not an emissary of certain central bankers. C H A P T E R III A DIARY OF THINGS IMAGINED A Worthless Witness for the Imposture— Utterly Deceptive Implications Laid Bare— Colonel House Wrote no Word in Federal Reserve Act A N D now, the D iary: that we m ay see how / i worthless a witness it is to identify Colonel House as the author of a single sentence or the proponent of a solitary provision of the Federal Reserve Act. One may not be sure from it that Dr. Seymour’s hero of currency reform had an idea of what had been done or should be done or might be accomplished in that direction. To begin, there is this entry: “ December IQ, IQ12: I talked with Paul W ar burg over the telephone regarding currency re form. I told him of my Washington trip and what I had done there to get it in working order.” So! What had Colonel House done? What could he have told Paul Warburg he had done? In his letter of November 28th preceding, pur porting to give Governor Wilson an account of his visit to Washington, the statement is made 37 38 AN ADVENTURE IN CONSTRUCTIVE FINANCE that, in general conversation, he met certain enumerated persons, not one of whom had any thing whatsoever to do with the conception, the construction, or enactment of the Federal Reserve Act beyond the quite inevitable fact that, bound by congressional caucus action several of them voted for the bill. On Colonel House s list was the Texas politician who liter ally was laughed out of the Democratic caucus lor his clownish attempts to defeat the measure. In the letter to Governor Wilson, it is not re corded that Colonel House mentioned the subject of currency legislation to any person on his hst but me; and I have already set down with sufficient clarity the utterly inconsequential na ture ot his fleeting conversation with me at the home of Hugh Wallace. So what sleight-ofand thing had this economic wizard done to get currency reform “ in working order” over night, months before a hearing was had, before a sentence of the bill was written and even beore M r. Wilson had indicated to those in charge his attitude on the subject ? g r o ! t ° rt T 11 tW° m° nths Iater> on February 26, irraffi t ^ entry CXaC.t’ C° Ionel irradiating in the D iary:House makes this f, T — t0 the Harding dinner and talked with the guests invited to meet me. It was an in- A DIARY OF THINGS IMAGINED 39 teresting occasion. I first talked with Mr. Frick, then with Denman and afterwards with Otto Kahn.” And all this under the page title o f “ CurrencyReform” ! It is not clear whether the Harding mentioned is he who wrote me from Birmingham a clever plea for a central bank and afterward became an outstanding governor of the Federal Reserve Board or the Harding who became United States Senator from Ohio and later Presi dent of the United States. In either case, it may safely be conjectured that Harding gave House an esculent meal; but what has this gas tronomic story to do with the paternity of the Federal Reserve Act? Are we asked to believe that this or any other Harding was tactless enough at that dinner to suggest to Colonel House how to write the currency bill which, three months before, on a flying trip to Washington, the Colonel had “ gotten in working order” ? As to M r. Frick, was the dinner before or after his attempted assassination by a disappointed workman, and was this incident the topic of conversation ? And Denman! I seem to remem ber a person of that name who, when I was Secretary of the Treasury, “ raised merry hell,” and had to be curbed, about certain ocean freight-rate discriminations; I am not sure this ...... 40 AN ADVENTURE IN CONSTRUCTIVE FINANCE was he. Anyhow, were he and Colonel House trying to fix up shipping board troubles? But, with the highly estimable Mr. Otto Kahn thrown in for good measure, exactly how did this D iary entry enable the Yale historian to detect Colonel House as the author of the Federal Reserve Act ? What had his dinner with these reputable gentlemen to do with currency reform? What, in heaven’s name, had they, individually or collectively, to do with the legislation? In conjunction with the last foregoing item, Professor Seymour, to establish his thesis, surely must have relied on the next succeeding two extracts from this convincing D iary: “ March 1 3 , 1 9 13 : Vanderlip and I had an interesting discussion regarding currency re form. March 27, 1 9 13 : M r. J . P. Morgan, Jr ., and Mr. Denny of his firm, came promptly at five. McAdoo came about ten minutes afterwards. Morgan had a currency plan already formulated and printed. We discussed it at some length. I suggested that he should have it typewritten and sent to us to-day.” Professor Seymour thoughtfully explains that Mr. Morgan was required to incur the expense and trouble of having his plan typed in order to A DIARY OF THINGS IMAGINED 41 fool the President and the chairman of the House Banking and Currency Committee into the be lief that this was not “ a cut-and-dried plan” which a powerful financial magnate was seeking to “ impose” on Congress! It is needless to ask or to imagine what became of Mr. M organ’s plan, if he was at pains to have it typed. The per plexing thing is, what on earth did Colonel House want with it, since he and “ Philip Dru” had devised a plan long before, which Colonel House, on the top floor of Hugh Wallace’s palatial residence in Washington had, the pre ceding November, “ gotten in working order” for quick passage by Congress ? T h at’s the ques tion: why should he have put upon the Morgan stenographer the exasperating task of typing a currency bill for which there was no need? M r. Morgan and his stenographer should not have been thus trifled with. ’Twas bad treatment. Needless to add, those charged with the prepara tion of currency legislation never heard of Mr. Morgan’s bill. But let us not lightly pass by the point that Colonel House’s D iary here records the im pressive fact that he “ had an interesting discus sion regarding currency reform” with Vanderlip. It would be impious to suggest that Frank Vanderlip hoped to teach Wilson’s “ silent partner” anything about banking and currency. 42 AN ADVENTURE IN CONSTRUCTIVE FINANCE The only sane inference one may get from this important entry, aside from Dr. Seymour’s lucid assumption that it is contributory proof of House’s paternity of the Federal Reserve Act, is that the discussion was a “ dog-fall.” It being confessed by Colonel-House that he conceived the Reserve Act, the fact that Mr. Vanderlip violently opposed it to the bitter end would seem to imply that neither of these gentlemen in this memorable discussion convinced the other. And Vanderlip never having pretended to be the author of the currency act, and there being no other participant in that historic discussion, Dr. Seymour feels safe in his conclusion that in House he had discovered the artificer of the fed eral reserve system. That is to say, Colonel House dined with two bankers, an industrialist, and a seafaring man in February, and talked with Vanderlip and, finally, with Morgan in March, a priori he thereafter formulated and became the “ guardian angel” of the Federal Reserve A c t! And trumpery like this struts in the garb of history! And next! Unwatchful of his flanks and fo r getting he had met and “ outlined” to me his currency plan at Mr. Wallace’s home in Wash ington the previous November and had, in December, reported it “ in working order” to Paul Warburg, the Colonel’s Diary, as ma A DIARY OF THINGS IMAGINED 43 noeuvred by Dr. Seymour, drops back a peg and on January 8, 19 13, records: “ The Governor [Wilson] agreed to put me in touch with Glass, Chairman of the Banking and Currency Committee, and I am to work out a measure which is to be submitted to him.” This is all literally and consecutively true save in two or three trivial particulars. (1) Colonel House having met me in November as the close and confidential friend” of M r. Wilson and, according to his solemnly recorded confession, outlined and arranged for his currency plan, there was no need of an introduction by Governor Wilson in January. (2) It happened that I was not made Chairman of the Banking and Cur rency Committee until the following June 3d, after the amusing stratagems of the Aldrich central bankers to prevent had ceased to vex the appointing power. (3) I f Colonel House was ever commissioned by the President-elect “ to work out” a currency measure and submit it to me, he flagrantly disobeyed orders. Neither then nor after I became Chairman of the House Banking and Currency Committee did Colonel House ever submit to me one line of a proposed currency bill. Neither did President Wilson at any time of all my fairly intimate contact 44 AN a d v e n t u r e i n c o n s t r u c t i v e f i n a n c e with him ever hint that he desired or expected anything of the kind. He spoke no word, nor wrote any, that could have caused me to suppose that he suspected Colonel House of harbouring an idea on the subject. With these inconsequen tial variances, this four-line entry in the House Diary, paraded by his chosen historian as an at testation of the Colonel’s restless activity in currency reform, is historically accurate. I f the Professor, in the classroom, is as precise and impressive as in the pages of the Intimate Papers, his expositions and deductions must be a price less asset of the great university. Manifestly, also, Governor Wilson was tardy in keeping his promises; for, according to my records, in agreement as to dates with the House Diary, the faithful friend o f Mr. Wilson did not get in touch with me for the second time until the following March 24th, nearly three months after Governor Wilson’s alleged promise to bring us together and three weeks after Mr. Wilson became President. How we managed to navigate the currency boat for that length of time without the stroke oar of Colonel House, the D iary does not record; neither does Dr. Seymour, at this point, venture a customary inference. At all events, on March 24th, Colonel House invited me for a drive along the quieter streets of Washington in a horse-drawn shay. A DIARY OF THINGS IMAGINED 45 And this episode brings us to the clinching item in this justly celebrated D iary: “ March 24., 1 9 1 3 : I had an engagement with Carter Glass at five. We drove, in order not to be interrupted. . . . I urged him not to allow . . . the Senate Committee to change what we had agreed upon in any of the essential features. He promised to be firm. I advised using honey as long as it was effective, but, when it was not, I would bring the President and Secretary of the Treasury to his rescue. “ I spoke to the President about this after dinner and advised that McAdoo and I whip the Glass measure into final shape which he could endorse and take to Owen as his own.” Ordinarily, one does not relish being laughed at; but I confess a hearty participation in the entertainment which some of my intimate as sociates in the Senate have derived from this unique recital of the Diary. “ Good-morning, Glass, are you still standing firm?” is the jocose greeting handed out to me by these comrades of the toga. It is meant in fun, and in that sense I enjoy it; ‘but it implies an accusation that secretly causes me pain. These friends im pute to me an excess of tenacity and a degree of firmness that verge at times on obstinacy. They laugh outright at the idea that Colonel 46 AN ADVENTURE IN CONSTRUCTIVE FINANCE House had to ask me “ to be firm” in dealing with a legislative problem the study of which for nearly ten years had been a part of my busi ness in Congress. But in the fun of the thing sight should not be lost of the D iary’s other foolishly improbable and, indeed, impossible aspects. In the first place, Colonel House and I had not “ agreed” to anything essential or nonessential about re serve banking. When or where or how was it possible that we could have agreed on anything? I had not laid eyes on him nor he on me since that fugitive meeting, as total strangers, at the residence of M r. Wallace four months thereto fore. In the interim, I had no communication with him nor he with me, directly or indirectly, on any subject. I simply knew, from our one flitting conversation, that he thought he believed in centralizing bank credits and power, as the Aldrich bill proposed, and I believed in decen tralized credits and power, as the Federal Re serve Act provides. Thus we were not in ac cord, but in total disagreement, when we separated after this one brief talk. Moreover, the Senate committee, instituted for the first time in the history o f that body, had been named only six days before. Because he hap pened to be a former townsman in Virginia and a lifelong acquaintance, I knew that Senator ____________ A DIARY OF THINGS IMAGINED 47 Owen, of Oklahoma, had been made chairman. I did not know his attitude on currency revision, nor the views of any other member of the com mittee, nor can I think Colonel House knew. There was no reason, therefore, for me or for Colonel House to suspect Senator Owen or any other member of the Senate Committee of a pur pose or desire to change provisions of a currency hill of the existence of which they had no knowl edge. At that moment, Colonel House had never seen a sentence of the measure. Not even the President or the Secretary of the Treasury had a draft of it. Imagine, in these circum stances, the absurdity of such an entry in the House D iary as is thus said to have been made! The real truth is that, on that ride, Colonel House’s conversation related almost exclusively to federal patronage in Virginia. When he sug gested, for the second time, that the President would want me to distribute the offices, again I told him of my distaste for patronage and the impossibility of disregarding the Virginia Sena tors in making appointments requiring confirma tion. Aside from what I have written, the only thing certainly true about this D iary notation of March 24th is the fact that we drove together and a casual reference was made to currency 48 AN ADVENTURE IN CONSTRUCTIVE FINANCE readjustment, growing out o f Colonel House asking me “ how the bank bill was progressing.” In this connection, he was kind enough to assure me he “ would bring the President and Secretary of the Treasury” to my assistance should I feel at any future stage the need of their direct per sonal influence. This was encouraging, and I thanked him at the moment; and later, recalling this proffered aid, I sent him a letter of thanks similar to that posted to all those who had given me an early word of encouragement and also had been at pains to wire their congratulations on the triumphant passage of the bill in the House. But, since I never experienced the least trouble in getting access to President Wilson or to Sec retary McAdoo without the intervention of Colonel House, the latter was never invited to act as suggested. Professor Seymour blandly accepts as cumula tive proof of authorship Colonel House’s state ment that the latter “ advised the President that McAdoo and I [House] whip the Glass measure into final shape, which he could endorse and take to Owen as his own.” The D iary does not give the President’s reply to this modest pro posal. I f any such thing was said to Mr. Wilson, it is certain that no such thing was done. N early a month later, the President asked me to A DIARY OF THINGS IMAGINED 49 have prepared for him a brief digest of the bill as then drafted. This was promptly done by the accomplished committee expert. Colonel House obtained it from M r. Wilson, instantly sent it to Mr. Warburg, and later turned in to M r. McAdoo an unsigned and unidentified hostile criticism of the digest, calling for radical altera tions of the bill, which were not made, and ad vocating certain things which were not done. The criticism was afterward traced to M r. War burg. And this is the way Colonel House “ whipped the Glass measure into final shape” — by getting his distinguished tutor in the economics of banking and currency to pound i t ! Of course, no censure is attached to M r. War burg, for whom I have the highest respect and warmest personal regard. He simply was un alterably hostile to certain fundamental provi sions of the federal reserve bill and in plain terms persistently said so. This he had said at the committee hearings in Janu ary, which made it quite futile to have him repeat it in April as a contribution in writing from Colonel House to the great cause of monetary reform! There is not anything of record, nor is there available evidence of any description, that Colonel House ever made a pencil mark of his own on the federal reserve biil or ever offered, 50 AN ADVENTURE IN CONSTRUCTIVE FINANCE in script or verbally, a provision contained in the statute. Hence his D iary entries to a con trary effect— if not the marquetry of invention, furnish an inscrutable case of self-deception. Of all living men, it may be stated in this con nection, Dr. H. Parker Willis, expert adviser of the House Banking and Currency Committee, should possess an intimate knowledge of things having reference to the preparation of the cur rency bill and its management before Congress. As answering an inquiry from me, he gives con sent to publication of the appended note: C olum bia U n iv e r sit y in the C ity of New Y ork School of Business Oct. 7, 1926. D ea r M r . G l a s s : You have asked me whether I have any rec ollection of the participation o f Colonel E. M. House in the preparation of the Federal Reserve Act. According to the facts as known to me and as shown by my carefully preserved records, Colonel House had nothing whatever to do with the preparation of the measure. So far as I know, he never filed with the Committee on Banking and Currency, or with anyone con nected with it, either a draft of a bill, a sugges- A DIARY OF THINGS IMAGINED 51 tion of a bill, or a recommendation for a provision in any such bill. He had nothing whatever to do with the Act. Yours very truly, H. P a r k e r W il l is . S enator C a r t e r G l a ss , United States Senate, Washington, D. C. In my files there are, I would judge, more than three thousand letters and monologues relating to proposed federal reserve legislation. M any of these letters represent continuous correspond ence about the bank bill in process of formu lation and after it was drafted. T hey are from political economists, bankers, merchants, text book writers, and others. Among them I readily recall Sprague, of H arvard; Fisher and Hadley, o f Y a le ; Kemmerer and Meeker, of Princeton; Laughlin, of Chicago; Scott, of Wis consin; Jenks, of New Y o rk ; Horace White, Sir George Paish, and Sir Edmund Walker, and so on. With bankers, the correspondence was intimate. There are letters from Hepburn, Vanderlip, Speyer, Warburg, Howe, Frame, Reynolds, Forgan, Wade, Wexler, Perrin, Dawes, Hulbert, Nash, and scores of others. Among merchants intensely interested, there are letters from Farwell, Wanamaker, Filene, Simmons, I 52 AN ADVENTURE IN CONSTRUCTIVE FINANCE and m any more. There are communications r°m various group heads representing commerce industry, agriculture, labour, credit men, etc. There is not to be found a suggestion, an intimation, or even the scratch o f a pen from Colonel House. M an y o f the persons enumer ated often came to Washington for personal interviews; and life-wasting days and nights were spent in m y rooms at the Raleigh Hotel in discussions with the more important o f them. , '‘frequently at those discussions were the really constructive members o f the Banking and Currency Committee. Never was a word spoken that would indicate the existence o f Colonel House, and never a word came to us there or elsewhere, directly or indirectly, from Dr. Sey mour s mysterious author o f the Federal Reserve Right here it m ay be noted that there is a nft in the Diary. Curiously enough, Colonel House omits all reference to the only meeting with me at which he was given a real exposition of the Class currency bill. M r. Hugh Wallace in whose home I first saw Colonel House, invited the two o f us to meet the Secretary o f the treasury at dinner early in April. Mr. McAdoo ’phoned to inquire if I would not bring along a draft o f the bank bill. To this I con sented; and there, after dinner, for the very first A DIARY OF THINGS IMAGINED 53 time, Colonel House heard from me an explana tion of this currency measure. The Secretary of the Treasury discussed details with anima tion and evident understanding. Colonel House was as .quiet as a mouse. If he comprehended the philosophy or technique of the bill, it did not seem so to me. This was the feature of the occasion. It most impressed, as indeed it amused, me. The conversation terminated with a request by Colonel House to let him “ have the bill to study.” This I could readily decline to do on the plea that I had no duplicate draft; the only other draft was in the hands of the committee expert. Next day I related the cir cumstance to Dr. Willis, who briefly recounts the incident in his work on The Federal Reserve System. It was immediately after this that the Presi dent requested the digest of the bill which Colonel House quickly obtained and gave to Mr. Warburg for criticism; and nothing ever seemed plainer to me after this incident than that Colonel House, with no technical knowledge of the problem, or constructive capacity in its legis lative consideration, was acting as a medium of approach to the White House for a group of bankers which hoped to mould currency legis lation. At the head of these the ablest, the intensest, the most agile, the best trained, was Paul 54 AN ADVENTURE IN CONSTRUCTIVE FINANCE M. Warburg. He had for some years manifested an intelligent interest in currency reform and contributed brilliantly to the literature of the movement. He was a strict consolidationist, a believer in a single central bank of banks, as all his associates were. It is not intended to imply that there was, on the part o f these bankers, any thing illicit about the game. They were men of high character and earnest convictions. They had convinced themselves that the country could best be served by their proposed banking methods, and they wished to reach and impress the President. Through Colonel House, in the way indicated, they got access. That is all they got. T hey did not make the currency bill. President Wilson from first to last quietly, but decisively, insisted that these great bankers whose dinner guest Colonel House so often was would not be permitted to write a bank bill for his administration. Again and again he told me this when I would discuss with him the manoeuvres and stratagems o f which Professor Seymour’s “ guardian angel” seemed to think we were in blessed ignorance. I shall never forget the very quiet, yet very significant w ay in which President Wilson one day said: “ Glass, I had not supposed those gentlemen would be permitted to have a great deal to do with this business.” This swift review concludes my examination A DIARY OF THINGS IMAGINED 55 of Colonel House’s meaningless D iary on “ Cur rency Reform” as presented by Professor Sey mour in the Intimate Papers. It would prove tedious to pursue the absurdities running through the few remaining entries. These trivial nota tions have reference to the harmless, as fruitless, activities of Colonel House after the federal re serve bill, without the faintest assistance from him, had weathered the storm of a party caucus, passed its ordeal in the House, and was nearing the end in the Senate. They range from an in ferential attempt to tame “ Jim ” Reed to the Colonel’s imaginary achievement in having the small group of recalcitrant Democratic Senators “ whipped into line” for the currency measure. I cannot speak by authority as to this. I was led by Mr. Wilson to believe that effective caucus action in the Senate was chiefly due to the skill and unmatched persuasiveness of the junior Senator from Virginia, in constant cooperation with Mr. McAdoo and the President. It was this indispensable service that suggested the presence of M r. Swanson at the signing of the Act by the President, as it was this exhibition of genuine loyalty that changed the President’s sharp disfavour into a lasting feeling of affection for Swanson. At least, I was so told by persons about Mr. Wilson, both at the Executive offices and in the White House. 56 AN ADVENTURE IN CONSTRUCTIVE FINANCE With the few D iary items that tell of Colonel House’s remaining dinners and discussions with bankers who still nurtured, if they did not proudly cherish, the hallucination that they, through the President’s stealthy friend, might affect federal reserve legislation, it is needless to deal. Neither shall I venture to fathom the fatuity of those who, failing to escape the magic of Colonel House’s illusions, in the final exigency even magnified him into a financial “ Moses” and craved the distinction, as the Colonel himself says, o f officiating as his “ Aarons.” Their failure to sense the real status of things was be yond all comprehension. Equally inexplicable to this day is the singular aberration of Colonel House in seeming to imagine that he was the creator and preserver of the federal reserve bank ing system and that those who actually conceived and wrote and translated the measure into law wrere mannequins on which he fitted his legisla tive designs! Better had he remained “ A Man of M ystery” than to have permitted Dr. Seymour to reveal him as the central figure of such a the atrical sham. As for Professor Seymour, he is so vividly dis closed in the Intimate Papers as to require no elaboration of his part in the drama. At every moment, on every page of his Currency Reform chapter, imagination outraces the truth to its A DIARY OF THINGS IMAGINED 57 objective; and credit for things accomplished is grotesquely misapplied. Of Quintus Hortensius it was said he scrupled at nothing in his eagerness to win the cause he pleaded. This Cicero must have known when he entreated written encom iums from his pen: “ Letters do not blush; spare not to praise me, Hortensius.” Both Colonel House and Dr. Seymour, indoctrinated with this inspiring thought, have profusely applied it to book-making and to Diaries. Unsatiated by self-applause, if Colonel House did not adjure Professor Seymour’s unblushing commendation, at least he has willingly accepted and placed on the stalls volumes of unmerited eulogium, at which the contriver no less than the recipient should stand abashed. All which prompts me to turn with relief from this work of destruction to an engaging story o f construction. C H A P T E R IV ORIGINS OF FIN AN CIA L FREEDOM The Deficiences and Terrors of the Old Banking System—A Breeder of Panics—Feeble Remedies Attempted— Deliverance at Last Offered T T H E outset of this chronicle, it was said that a true history of federal reserve legis lation, if written with verve and flavour, could be made to read like a romance. The reform of the currency was almost a miracle; and the story of it, with its many sidelights, should not prove wearisome if told with strict fidelity to the truth, even though the narrative be devoid, in its text, of imagination and humour. The grim purpose and undeviating pursuit of those charged with the business made it a serious and momentous task. For nearly thirteen years there have ap peared vagrant accounts of the inception and accomplishment of this legislation, and vari ous claims have been set up as to authorship. Speaking exactly ten years ago to a public assemblage in Washington from a table at which sat the President of the United States, the writer said all he has ever caied to say on this point: ORIGINS OF FINANCIAL FREEDOM 59 “ As to the Federal Reserve Act itself, there has been occasional speculation as to who most deserves credit for its conception and its enact ment into law. Its paternity has curiously been ascribed to men who were savagely hostile to the a ct; to men who never saw a sentence of the original draft; to men who could not write its title in a month’s trial. I know very well the chairman of the House Committee on Banking and Currency has been given an undue share of the praise. . . . But, gentlemen, the serious fact is that the master mind of the whole per formance was Woodrow Wilson’s. It was his in finite prescience and patience; it was his courage and wisdom; it was his patriotism and power— his passion to serve mankind—that gave zest and inspiration to the battle for financial freedom.” Not since then has it seemed worth while to bother with this aspect of the question until now, when a professor of history at a great uni versity comes forward to assert a claim as utterly spurious as any ever presented. This is the sole provocative and, as I venture to think, a com plete justification o f putting aside reserve in order that the truth may be known. And now for the facts: ^ For fifty years prior to the enactment of the federal Reserve Act, the United States endured the handicap o f an unscientific currency system. 60 AN ADVENTURE IN CONSTRUCTIVE FINANCE Again and again it was pronounced by textbook writers and experienced bankers “ the most bar barous system on earth.” The defects were so glaring and the failure to remedy them fraught with such ill consequences as to constitute a positive indictment of the statesmanship of the nation. For a part of the time, we rested in the imaginary security of ignorance; for another part, we seemed indifferent to our plight, and for the remainder of the time were afraid to apply the remedy lest we interfere with the processes and profits o f a privileged class. For no pro tracted period were we without warning. At nearly every decennial the hateful malady mani fested itself in violent financial disturbances which swept the country from Dan to Beersheba. Catastrophe had overtaken us five times within thirty years right in the midst of great prosperity. Strange to say, prosperity, under the then-prevailing currency system, was actually conducive to disaster! The Siamese twins of disorder were an inelastic currency and a fictitious reserve system. The bankers and politicians were perfectly willing to tackle the task of readjusting the currency; but the bankers, through sheer acquisitiveness, ob jected to interference with their reserve arrange ment, and the politicians, through fear of the bankers, were averse to stirring up enmities ORIGINS OF FINANCIAL FREEDOM 6l among men of power. The consequence was that the sum total of the idle bank funds of the nation was congested at the money centres for purely speculative purposes. Nobody seemed to discern the absolute necessity of subduing at exactly the same time the twin evils of inelasti city in the currency and of pyramiding reserves by book balances. Little could be accomplished by correcting one fault and leaving the other to persist. The national currency was inelastic because based on the bonded indebtedness of the United States. The ability o f the banks to meet the currency needs of commerce and industry was largely measured by the volume of bonds avail able. And the total was constantly being diminished by reductions in the national in debtedness. For half a century we banked on the absurd theory that the country always needed a volume of currency equal to the na tion’s bonded indebtedness and at no time ever required less, whereas we frequently did not need as much as was outstanding and quite as often required more than it was possible to ob tain. So, when more was needed than could be gotten, stringencies resulting in panics would be precipitated, to cure which, for the moment, clearing-house certificates would unlawfully be resorted to as a substitute for bank notes. When 62 AN ADVENTURE IN CONSTRUCTIVE FINANCE currency was redundant, when the volume was more than required for actual commercial trans actions, instead of taking it through the ex pensive process of retirement, it was sent by interior banks to the great money centres to be loaned on call for stock and commodity gambling. The Federal Reserve Act revolutionized this wretched system by providing a reserve bank currency based on the sound, liquid commercial assets of the country, responsive at all times and to the fullest extent to every reasonable demand of legitimate business. It is issued when needed and retired when not required. Based on com mercial transactions, fortified by a large gold cover, with the assets of a great banking system behind them, as well as the obligations of the government, federal reserve notes are easily the soundest on earth to-day, being at a premium in every foreign money market of the world. At the same time, the Federal Reserve Act wrecked the old system of reserve deposits, which was a breeder of panics. As already pointed out, in seasons of depression, with moder ate demands for credits and currency for local commercial transactions, the country banks would bundle off their surplus funds to the money centres, to be loaned, on call, for speculation. A t periods, with stock gambling in full blast, trading in business would revive, demands for ORIGINS OF FINANCIAL FREEDOM 63 credit and currency would ensue, and, with speculative loans extended beyond all capacity to pay, the call for funds from “ the street” would create consternation. Interest charges would quickly jump higher and higher, panic would seize gambler and banker alike, and prevailing prosperity would be superseded by distress everywhere. Banks would cease payments; mer chants would suspend activities; the shops of industry would close; cars would become idle; crops would rot in the fields and labour would be deprived o f its wage. We rescued the reserve fund from this evil use. It had never been at tempted before. The attempt now was a chal lenge to the dominating financial interests of America, and they accepted the invitation to conflict. It was a memorable fight, in which the right prevailed and sound economics triumphed. To within one hour of the final passage of the bill, the bankers kept up their fusillade against this reserve provision. Telegrams of protest were sent to the conference chamber as the agreed report on the bill was being signed by the conferees! We cured this financial cancer by establishing regional reserve banks and making them, instead of private banks in the money centres, custodians of the reserve funds of the nation; by making them also, instead of cor respondent banks, the great re-discount agencies 6\ AN ADVENTURE IN CONSTRUCTIVE FINANCE of the country; by making them minister to commerce and industry rather than to the schemes of speculative adventure. The country banks were made free. Business was unshackled. Aspiration and enterprise were loosed. Never again was there to be a money panic. While vision and capability, as well as cour age, were required to bring about this radical reformation, preceding events had a powerfully compelling influence. The frightful panic of 1907, decidedly the severest financial disturb ance the country ever had, sharply arrested the attention of Congress and forced those charged with legislative authority at least to attempt remedial action of some kind. The result was the precarious Vreeland-Aldrich Act, intended to serve emergency purposes until a permanent scheme of currency reform might be contrived. The author of this chronicle, selected by his minority associates of the House Banking and Currency Committee to write the dissenting report, in a brief speech in the House on M ay 27, 1908, described in a few words the minority view of this entirely specious measure: “ This report, M r. Speaker, enjoys the unique distinction of having been signed by all the Republican conferees of Senate and House, but not approved by a single one. There is scarcely ORIGINS OF FINANCIAL FREEDOM 65 a feature of this composite bill which has not been soundly condemned by the Republican leaders of Congress. Those features which ap peal to members of the House have been merci lessly criticized in the other chamber, and those which suit the Republican managers of the Sen ate have been severely denounced here. Thus, upon high Republican authority, the conference report embodies a measure which is fifty per cent. House infamy and fifty per cent. Senate infamy, thereby making the whole thing utterly bad. Once I heard John J . Ingalls describe ‘ Paradise Lost’ as ‘ that matchless epic which everybody praises and nobody reads.’ And so we have here a bill for which every member on that side will vote, but in the provisions of which not one of them believes. What the country needs is not a legislative deformity for emer gency, but a wise and careful revision of the en tire banking and currency system of the United States, whereby panics may be prevented or their violence diminished.” B y M r. Gage, Secretary of the Treasury un der President M cKinley, the bill was quite as promptly condemned. M r. Gage said: “ I have no sym pathy with it at all. I do not think it is curative. At best it is a patch or a panacea. I f adopted it probably puts us to sleep. It is a narcotic that will woo the com- I 66 AN ADVENTURE IN CONSTRUCTIVE FINANCE munity into false repose, from which we will suffer many a nightmare and awaken at last in trouble and real agony.” As originally enacted, not one dollar o f emer gency currency was ever issued under the terms of the Vreeland-Aldrich bill, notwithstanding the frequent attempts to have it appear that the measure “ saved the situation” at the outbreak o f the World War in 1914. The truth is that quite a different statute temporarily averted a threatened financial upheaval then. The framers of the Federal Reseive Act had radically amended the Vreeland-Aldrich Act and pro longed its life until the reserve system could be set up. Even with these material alterations in 19 13 , the Act had to be hastily and radically changed a second time in 1914 , on the frantic plea of alarmed bankers, before it could be made operative in that emergency. And the $368,000,000 of notes issued under the Act were retired as quickly as possible after the federal reserve banks opened for business. The sus taining facts in detail were given in an address to Congress by the chairman of the House Banking and Currency Committee on September 7, 1916, in which it was pointed out, among other signifi cant things, that two banks in New Y ork City alone which took out $41,000,000 of the emer gency notes in 19 14 could not have gotten one A ORIGINS OF FINANCIAL FREEDOM 67 dollar under the terms of the unamended Vreeland-Aldrich Act. And that the bungling tax feature of the Act was a vital cause is clearlyattested by the convincing fact that of the #2,977,066 collected by the Treasury as tax on emergency notes, only the trivial sum of $ 11,5 5 9 represented collection at a tax equal to the m in imum rate of the original Vreeland-Aldrich bill. As in some sense a justification of its failure to put the currency system of the nation on a permanent scientific basis at once, Congress provided for a Monetary Commission to study the problem and report. This Commission was headed by Senator Nelson W. Aldrich and, after four years of investigation and meditation, it presented a report accompanied by a proposed currency bill which became known as the “ Aldrich plan.” Incidentally, along with other very considerable expenditures, it accumulated a library on banking and currency which, as already stated, cost the Treasury more than #100,000. The bill that accompanied the report of the Commission provided for a central bank to be owned and managed by the stockhold ing banks, authorized to do business with banks only. The central bank was given im portant privileges and accorded certain govern mental exemptions. It was likewise invested with unusual powers for a privately owned en 68 AN ADVENTURE IN CONSTRUCTIVE FINANCE terprise. The mechanism was quite involved; but it was so arranged that the larger banks of the country must inevitably become predomi nant and the control o f credits continue to be exercised by a few powerful institutions in the large financial centres. Its distinguishing fea ture was centralization as against mobilization of the credits of the nation, the incentive and power of centralization being its normal state in contradistinction to mobilization. The report of the M onetary Commission, with its accompanying bill, was referred to the Bank ing and Currency Committee of the House under a resolution which contemplated a searching in vestigation of what had become known as the “ Money T rust.” Contemporaneously it was desired that steps should be taken also to reform the defective currency system of the country. This seemed to necessitate a partition of the task; and Chairman Pujo divided his committee into two sections, one to go after “ the Money D evil” and the other to pursue the constructive work of revising the currency system. Chair man Pujo headed the first section and assigned to me the chairmanship of the subcommittee to devise a reserve banking scheme. The Money Trust investigation under the skilful direction of M r. Samuel Untermeyer as special counsel, with his large corps of experts, created for a time a ORIGINS OF FINANCIAL FREEDOM 69 nation-wide sensation and resulted in some farreaching modifications of then-existing laws against trusts and illicit control of credits. The leading figures in that investigation were so pleased with what they had accomplished as to become imbued with a desire to supersede the other subcommittee and take in hand the more tedious and difficult work of revising the cur rency laws; but a quick end was put to this in trigue by the refusal of myself and associates to tolerate interference. The chairman of the subcommittee to which was thus committed the task of revising the cur rency system had been for ten years a minority member o f the House Banking and Currency Committee. He had no special qualification for the work beyond the information absorbed in these years of discussion and a reasonable amount of common sense acquired as a practical printer and successful newspaper publisher, supplemented by an observant service in Con gress. Among his associates were several mem bers of limited banking experience and excep tional intelligence otherwise. Authorized by the subcommittee to make selection of an expert adviser, fam iliar with banking technique, who should also be a tested draughtsman, the chair man chose Dr. H. Parker Willis, for eleven years a teacher of economics at Washington and Lee 70 AN ADVENTURE IN CONSTRUCTIVE FINANCE University in Virginia, but at that time Wash ington representative o f the New Y ork Journal of Commerce, with Treasury assignments. Dr. Willis had also been expert adviser to the House Ways and Means Committee on several im portant schedules o f the tariff bill. The selec tion indicated was made by the chairman only after the latter in quite a few intimate talks was convinced that Dr. Willis entertained views akin to his own definite idea of establishing a system of regional banks authorized to issue notes on the basis of commercial transactions, which notes would gradually supersede the inelastic bondsecured currency so universally reprobated by experienced bankers and all enlightened teachers of economics. Very likely it would not be interesting to describe the almost incredible amount of detail involved in the preliminary work of the sub committee, such as the assembling of indispens able data, the ascertainment of banking opinion as to the preconceived system which it was determined to set up, if possible, and arranging for the hearings which the committee knew must be had both for their essential value and in order to avert the suspicion of attempting a thing of vital importance behind closed doors. Not all members of the committee evinced a lively or constant interest in this tedious feature of the ORIGINS OF FINANCIAL FREEDOM 71 work, which largely was left to the chairman and the committee expert. It required time and in finite patience. It exacted research and study by contrast of currency and reserve banking schemes. Most of these had been designed as emergency plans, whereas those chiefly engaged in this work hoped to develop a permanent re serve system, operative in times of tranquillity as well as in periods of financial disturbance. Indeed, it was hoped to avert eruptions and to make currency panics a thing impossible of re currence. The stage was being set when events took place which considerably simplified the per formance. The National Democratic Conven tion at Baltimore flatly rejected the Aldrich plan and declared also against the creation o f a central bank. The Congress being overwhelm ingly Democratic, the subcommittee wasted little time in considering the precluded Aldrich currency scheme. However, there was never a moment when the committee could think it was not at liberty to appropriate any provision of the Aldrich bill which might, to advantage, be woven into a regional bank scheme. The Baltimore Convention had also nominated for the Presidency Woodrow Wilson, a real thinker, whose election as days went by seemed more than probable. These happenings, together 72 AN ADVENTURE IN CONSTRUCTIVE FINANCE with the rejection of the Aldrich plan by the Roosevelt progressive convention, encouraged the hope that currency legislation might not, after all, prove again impossible. The work of the subcommittee at Washington was greatly stimulated. Meanwhile, there began to be re ceived, in response to the comprehensive ques tionnaire prepared by Dr. Willis, innumerable letters from bankers and not a few from mer chants and industrialists of the more alert type. Among the communications sent in were, of course, scores from hopeless currency cranks who had panaceas for every conceivable financial ill. At this particular time, and very fortu nately, we were not bothered by a certain wellmanned and richly financed group which had been organized to “ educate the country” into accepting the central bank plan prepared by direction of the M onetary Commission. As yet the subcommittee, with a mere country edi tor for its chairman, was not taken seriously; these gentlemen were reserving their ammuni tion for big game at the exigent moment. CH APTER V W ILSON A PPEA R S IN TH E PIC TU R E His Equipment— Invites Author to Princeton— Scene in a Snowbound Sick Chamber—Origin of the Federal Reserve Board—Bank B ill Hearings, etc., etc. T H E triumph of Governor Wilson for the Presidency at the November election in 19 12 presented, with respect to federal reserve legislation, an element of hopefulness and also of caution. As to the latter phase, it suggested the uselessness of proceeding along the line which we very definitely had in mind unless and until we could get the sanction of the President elect. The inspiring feature of the event was the reflection that we would have an executive and legislature of the same political faith, thus avoiding the suspicion and obstruction that seem inevitable under divided authority. It was evident that nothing could be accomplished in a legislative w ay at the ensuing short session of Congress; but an immense amount o f un avoidable work could be done by the sub committee if we could know reasonably well the direction to take. Therefore, I prepared and L 74 AN ADVENTURE IN CONSTRUCTIVE FINANCE posted a letter to the President-elect at Prince ton telling him of the repeated failures of pro posed currency bills in Congress and the utter hopelessness of any legislative achievement with out unceasing and stern executive leadership. To this letter came the following reply, a facsimile reproduction o f which appears on the page opposite. Shortly after his return from Bermuda, Governor Wilson sent a note to the subcommittee chairman making an appointment for the day after Christmas at Princeton to discuss the ques tion of federal reserve legislation. It is not difficult to recall the trepidation one felt in contemplating an interview of this nature with a man ripe in scholarship, practised in economics, a seasoned student of government. Knowing M r. Wilson’s thorough preparation in the very fundamentals of such problems, it brings a smile of derision to contrast his equipment for this impending service to the nation with the childish presentation by Professor Seymour of a single threadbare expression from Colonel House on the subject of currency reform as evidence of House’s ability to cope with a matter of such moment. And Dr. Seymour actually supple mented this fine stroke by adducing in evidence against M r. Wilson’s capabilities a modest dis claimer by Mr. Wilson of any intention to pose My dear Mr. Glasst I warmly appreciate your letter o f November 7th. Letters descended upon me in such a flood that it has been impossible even to sort them according to thsir importance, and therefore 1 have Just turned yours up from the pile too late, alas, to arrange for an interview with you before 1 go away to Bermuda on Saturday. 1 shall seek an opportunity as early as possible after my return to commune with you, beoauee the question of the revision of the currency is one of such capital importance that I wish to devote the most serious and immediate attention to it. It is very delightful to know that 1 am going to be assoolated with you in the work at Wash ington. 1 shall look forward to it with genuine pleasure. Cordially and sincerely yours. Eon. Carter Glass, Lynchburg, Virginia* j6 AN ADVENTURE IN CONSTRUCTIVE FINANCE as a past master in the solution of such intricate questions! Before and during the presidential campaign, M r. Wilson had manifested an eager interest in the nation’s credit situation. From both the economic and political points of view, he dis cussed the subject with a clarity and precision that attracted wide attention and elicited from the weightier papers and periodicals discriminat ing comment. In calmer moments, after the riot of politics was over, he discussed the question with deliberate earnestness. Observe the reach, the genuine comprehensiveness, of this extract from The New Freedom: F e d e r a l R e s e r v e S y st e m ‘ ‘ You will notice from a recent investigation that things like this take place: A certain bank invests in certain securities. It appears from evidence that the handling of these securities was very intimately connected with the main tenance of the price of a particular commodity. Nobody ought, and in normal circumstances nobody would, for a moment think of suspecting the managers of a great bank of making such an investment in order to help those who were conducting a particular business in the United States to maintain the price of their commodity; W ILSO N APPEARS IN THE PICTURE 77 but the circumstances are not normal. It is beginning to be believed that in the big business of this country nothing is disconnected from anything else. I do not mean in this particular instance to which I referred, and I do not have in mind to draw any inference at all, for that would be unjust; but take any investment of an indus trial character by a great bank. It is known that the directorate of that bank interlaces in personnel with ten, twenty, thirty, forty, fifty, sixty boards of directors of all sorts, of railroads which handle commodities, of great groups of manufacturers which manufacture commodities, and of great merchants who distribute com modities; and the result is that every great bank is under suspicion with regard to the motive of its investment. It is at least considered possible that it is playing the game of somebody who has nothing to do with banking, but with whom some of its directors are connected and joined in in terest. The ground of unrest and uneasiness, in short, on the part of the public at large, is the growing knowledge that many large undertak ings are interlaced with one another, indistin guishable from one another in personnel. “ Therefore, when a small group of men ap proach Congress in order to induce the committee concerned to concur in certain legislation, nobody knows the ramifications of the interests which 78 AN ADVENTURE IN CONSTRUCTIVE FINANCE those men represent; there seems no frank and open action of public opinion in public counsel, but every man is suspected of representing some other man, and it is not known where his con nections begin or end. “ I am one of those who have been so fortu nately circumstanced that I have had the op portunity to study the w ay in which these things come about in complete disconnection with them, and I do not suspect that any man has de liberately planned the system. I am not so uninstructed and misinformed as to suppose that there is a deliberate and malevolent combination somewhere to dominate the Government of the United States. I merely say that, by certain processes, now well known, and perhaps natural in themselves, there has come about an extraor dinary and very sinister concentration in the con trol of business in the country. “ However it has come about, it is more im portant still that the control of credit also has become dangerously centralized. It is the mere truth to say that the financial resources of the country are not at the command of those who do not submit to the direction and domination of small groups of capitalists who wish to keep the economic development of the country under their own eye and guidance. The great monopoly in this country is the monopoly of big credits. WILSON APPEARS IN THE PICTURE 79 So long as that exists, our old variety and freedom and individual energy of development are out of the question. A great industrial nation is controlled by its system of credit. Our system of credit is privately concentrated. The growth of the nation, therefore, and all our activities, are in the hands of a few men who, even if their action be honest and intended for the public interest, are necessarily concentrated upon the great undertakings in which their own money is involved and who necessarily, by very reason of their own limitations, chill and check and destroy genuine economic freedom. This is the greatest question of all, and to this states men must address themselves with an earnest determination to serve the long future and the true liberties of men. “ This money trust, or as it should be more properly called, this credit trust, of which Con gress has begun an investigation, is no m yth; it is no imaginary thing. It is not an ordinary trust like another. It doesn’t do business every day. It does business only when there is oc casion to do business. You can sometimes do something large when it isn’t watching, but when it is watching, you can’t do much. And I have seen men squeezed by it; I have seen men who, as they themselves expressed it, were put out of business by Wall Street because Wall Street 80 AN ADVENTURE IN CONSTRUCTIVE FINANCE found them inconvenient and didn’t want their competition.” Again and again M r. Wilson had declared that “ America is never going to submit to guardian ship. America is not going to choose thraldom instead of freedom.” And referring especially to the currency, he exclaimed: “ Are we going to settle the currency question so long as the government listens only to the coun sel of those who command the banking situation ? . . . There is a sense in which a democratic country forces statesmanship upon every man of initiative, every man capable of leading any body; and this I believe to be the particular period when statesmanship is forced upon bank ers and upon all those who have to do with the application and use of the vast accumulated wealth of this country. We should, for example, not only seek the best solution for our currency difficulties, not only the safest and most scientific system of elastic currency to meet the conveni ence of the country in which the amount of cash needed at different times fluctuates enormously and violently; but we should also seek to give the discussions of such matters such publicity and such general currency and such simplicity as will enable men of every kind and calling to under- WILSON APPEARS IN THE PICTURE 81 stand what we are talking about and take an in telligent part in the discussion. We cannot shut ourselves in as experts to our own business. We must open our thoughts to the country at large, and serve the general intelligence as well as the general welfare.” And this was the man, just elected President of the United States, with whom the countryeditor chairman of a congressional subcommittee was going to discuss a currency measure! December 26, 19 12 , was a desperately cold day. The snow at Princeton was two feet deep. Dr. Willis, the committee expert, had accom panied the chairman, prepared to answer or dis cuss any purely technical question that might be projected. I had made a written divisional memorandum of the bill I desired to outline to Governor Wilson. The latter had a severe cold and was propped up on pillows in bed. He had cancelled every other engagement for the day, and at once it was suggested that he let us come another time when he might be in better trim ; but he insisted on proceeding with the business, so intent was he on a speedy and sweeping cur rency reform. For two hours the situation was reviewed and the chairman’s memorandum dis sected. Toward the end, M r. Wilson announced it as his judgment that we were ‘ ‘ far on the right 82 AN ADVENTURE IN CONSTRUCTIVE FINANCE track” ; but offered quite a few suggestions, the most notable being one that resulted in the establishment of an altruistic Federal Reserve Board at Washington to supervise the proposed system. We had committed this function to the Comptroller of the Currency, already tsaristic head of the national banking system of the coun try. Mr. Wilson laughingly said he was for “ a plenty of centralization, but not for too much.” Therefore, he asked that a separate central board provision be drafted, to be used or not, as might subsequently be determined, “ as a capstone” to the system which had been outlined to him. Calling to mind now that memorable two-hour interview at which this sick, suffering man evinced the keenest understanding of what was being proposed and gave unmistakable evidence of his own grasp of the problem by suggesting alterations and additions which afterward with stood the test of fierce controversy, it is difficult to decide whether one should be more amused than exasperated to find a professor of history, who thinks the Federal Reserve Board at Washington has “ five governors” instead of one, proclaiming that Woodrow Wilson had no in telligent conception of the greatest financial achievement of his own administration! Neither in this first interview at Princeton nor at any other did Mr. Wilson exhibit familiarity with WILSON APPEARS IN THE PICTURE 83 banking technique. Very likely he knew little about it. But there was never a moment when he did not know what he wanted done or know what he would not permit to be done in this cur rency proceeding. He did not need, nor did he ever have, any “ guardian angel” around. The outstanding features of the currency pro posal presented to Mr. Wilson at the Princeton discussion were (i) organization of a certain number of regional reserve banks of specified capital, with a view to decentralizing credits; (2) a compulsory withdrawal of reserve balances as then impounded and their transfer to these regional reserve banks; (3) compulsory stock holding membership of national banks under penalty of charter forfeiture in case of refusal; (4) associate membership of state banks with limited privileges; (5) the rediscounting processes common to such plans; (6) the issuance by the regional banks of federal reserve notes, based on a gold and liquid paper cover; (7) the gradual re tirement of national bank bond-secured notes; (8) the joint liability of all the regional banks; (9) constituting the regional banks fiscal agents of the government, with a view to displacing subtreasuries; (10) conversion of United States 2 per cent, bonds into 3 per cent, bonds, with cancellation of circulation privilege; ( n ) com mitting to the Comptroller of the Currency at 84 an ad ven ture in c o n s t r u c t iv e f in a n c e Washington full supervisory power over the reserve system. There were, of course, many minor details. As stated, M r. Wilson did not relish the idea of having a single federal official invested with complete supervision of such a system and sug gested the creation of a federal reserve board. He likewise thought there should be special provision for foreign commerce, and made quite a few other suggestions. I wondered if it might not be well to go a step further in decentralizing credits by prohibiting banks from paying interest on deposits of other banks, by which custom great sums were drawn, as they still are, from interior banks and piled up in the money centres for speculative purposes. Mr. Wilson agreed that this would be highly desirable, but intimated a fear that it would encounter such terrific op position as to endanger any bill containing such a provision. Before we left, the President-elect suggested that the committee hearings which had been scheduled should be directed to the plan outlined, with the immediate purpose of develop ing its feasibility and disclosing the extent and nature of banking opposition. This was strictly done, as may be seen by a cursory examination of the hearings. Practically every question asked by the chairman of the committee related to some provision of the currency measure then WILSON APPEARS IN THE PICTURE 85 in process of construction. The suggestion by M r. Wilson as to this procedure fitted in exactly with the plans I had in mind, since on December 23, 19 12 , three days before going to Princeton, I had written to the committee expert: “ It seems to me that should we reach an ap proximate agreement with M r. Wilson as to the salient features of currency legislation it would be extremely desirable to get men like Hepburn and Forgan and, indeed, as many of those who appear at the hearings as we may be able to persuade, to speak strongly in favour of the points upon which we m ay agree. To do this it might be well to have talks beforehand with some of these gentlemen.” Since what I am writing is not intended to be a documentary history, but a brief chronicle of events, it would be wearisome to traverse the committee hearings beyond saying that the chair man, at the very outset, stated that the com mittee felt it was precluded from considering the so-called “ Aldrich plan” or the establishment of a central bank. It was explained that no effort would be made to control the angle of any testi mony presented, but that frankness suggested there should be a complete understanding on this point. There was vigorous and repeated protest that party platform declarations should not con trol currency legislation; but it was answered 86 AN ADVENTURE IN CONSTRUCTIVE FINANCE that party government was an inevitable process. Despite this warning, and notwithstanding that the platform on which Wilson was elected, as well as the platform on which Roosevelt was nomi nated, condemned the scheme, the bankers would not refrain from advocating the Aldrich plan or some kind of central bank to be owned and operated by bankers for bankers.^ There were some notable exceptions; and it is fair to say that some of the insistent champions of a central bank, when brought to a consideration of the regional scheme as a secondary proposition, signified a willingness to cooperate with the committee. For example, George M . Reynolds, of Chicago, laconically remarked that he “ never refused half a loaf merely because he couldn’t get it all.” The hearings were extensive and illu minating. They strengthened the determina tion of those in charge to proceed with the | regional banking measure. On Jan u ary 9th, a letter came from Governor Wilson asking me to hold myself in readiness for a further discussion of currency legislation; but quite a time ensued before anything further was heard. Meanwhile, the air was filled with ru mours of a determined effort either to sidetrack currency legislation or to set aside the rule of seniority and select a chairman of the House Banking and Currency Committee for the Sixty- WILSON APPEARS IN THE PICTURE 87 third Congress who would be “ less hostile to the Aldrich bill than Glass.” This particularly alarmed the committee expert, who had worked in such accord with me; and he nervously warned me that a very powerful banker in New Y ork had said to him two days before that “ there is such a thing as getting a committee chairman who will accept our plan.” Somewhat with a view to determining whether or not this was an issue which should be met, the following letter was dis patched to Governor Wilson: Jan u ary 27, 19 13. H on. W oodrow W ilson , Trenton, N . J . D ear G overnor W ilso n : I received a letter from you under date of January 9th stating that you considered it desir able that you should see me for a further talk on the currency question and that you would in a few days suggest a time for another conference. For fear that failure to promptly acknowledge your letter may have produced the impression that I did not think the matter of sufficient im portance to pursue immediately, I am writing to say that I shall be glad to confer at any time that may best suit your convenience. In my view it is very important that we should know your conclusions on currency matters as r 88 AN ADVENTURE IN CONSTRUCTIVE FINANCE soon as they are reached, as it would be futile to proceed upon lines that might be contrary to your convictions. Indeed, I am inclined to think that it is going to be a little difficult to enact legislation even with the full power of the ad ministration behind any bill we may agree on. I am right much encouraged, however, by the changed attitude of some of the influential bankers who have appeared before our subcom mittee. After being courteously but firmly in formed that the committee felt precluded from considering the Aldrich scheme or a central bank plan, these gentlemen, as I am privately told, concluded that they could not carry out M r. X ’s purpose of “ battering the committee into a re pudiation of the Democratic platform,” and they are now writing me, after conference among themselves, that they are willing to cooperate with the committee in trying to secure the best remedial legislation that it is possible to obtain. They are expressing a good deal of anxiety for immediate action. With cordial regards Sincerely yours, (signed) C a r t er G la ss . Next day the following letter came, summoning me to a further conference on the suggested currency bill: S tate o p N e w J e b s e t E xecittve D eeabtkknt ^ *iu ary 2 8 , 1913. % dear Ur. Glass:* Thank you for your letter of yesterday. I find that 1 shall have 8 comparatively free day on Thurs day next the thirtieth. If It Is not too short a notice for you, I would he very mch obliged to you If you oould come up and see me at half past two o'clock In ny office here on that day. I am very much pleased and encouraged by your report of the changed attitude of the men who have been appearing before your sub-committee. I have a growing hope that we are going to work this difficult question out to a sucoossful Issue. Cordially yours. Honorable O&rter Glass, Washington, D. C. 90 AN ADVENTURE IN CONSTRUCTIVE FINANCE This second discussion was at Trenton in the Executive offices on Jan uary 30, 19 1 3 > when I presented the first tentative draft of the currency bill embodying the suggestions made by M r. Wilson and containing two vitally important provisions not previously mentioned to him. One of these, for open market transactions by regional banks, was suggested by Dr. Willis, the committee expert. It had the twofold pur pose of compelling compliance with the reserve bank rediscount rate and enabling these banks to utilize idle funds in dull seasons in order to earn expenses and acquire a surplus. The pro vision was approved by M r. Wilson, but en countered bitter opposition from the larger banks as tending to create competition with them for business. It, nevertheless, remained in the bill. The other new provision, suggested by the com mittee chairman, proposed an abolition of ex change charges and the establishment of par col lections. This likewise was heartily approved by M r. Wilson, but was frantically opposed by a combination of small banks. T hey carried their opposition to the extreme point of prolonged court proceedings, the last of which cases was recently determined by the United States Su preme Court in favour of the validity of the law. Last year it saved the commerce of the nation $125,000,000! WILSON APPEARS IN THE PICTURE 9I The draft of the currency bill presented to Governor Wilson at Trenton was not complete, but it contained nearly every fundamental provi sion subsequently enacted into law. M r. Wil son left the technique and banking nomenclature entirely with the committee chairman and the expert adviser; but there was never the remotest doubt of his complete understanding of every important point or of his unyielding purpose to bring about a readjustment of the country’s currency system. Aside from his own knowledge of the general principles involved, my letter files show that he not infrequently advised with Professor Royal Meeker and others at Princeton, and also with a few intimate friends among experienced bankers. Of this he kept me con stantly apprised. He seemed to have very great confidence in the judgment of E. D. Hulbert, of Chicago, who ranked along with Hepburn, of New York, as a scholar among bankers. M r. Hulbert twice came to Washington to see the President and the committee chairman about certain provisions of the bill. This conference at Trenton seemed to settle two things: it attached the President-elect to the regional bank system explicitly and, tentatively, to the provisions of the measure as far as drafted; and it disclosed a grim determination on Mr. Wil son’s part to brook no interference, if he could 92 AN ADVENTURE IN CONSTRUCTIVE FINANCE prevent it, with the chairmanship succession. On this occasion, different from the sick-bed experience at Princeton two months before, M r. Wilson showed a real zest in discussing details; and, while a little disposed to joke about his own “ ignorance of banking affairs,” he exhibited such a clear comprehension of the problem as to make me rather w ary of venturing beyond my depth. I left Trenton with the leader’s cheering word to “ Go ahead!” C H A PT ER VI A TH R EA TEN IN G FLA N K MOVEMENT Currency Reform Waits on Tariff—Colonel House Gets Draft of B ill for Hostile Critics—An Intrigue to Wreck the Measure—President Wilson Puts an End to It H E 4th of March soon arrived, and Wilson was inaugurated President of the United States. At the same time the tenure of the Sixty-second Congress expired. With this ended also the existence of the subcommittee to which had been referred currency matters. And al though the President immediately issued a proc lamation for an extra session of Congress in April, no House Banking and Currency Com mittee was named until the following June 3d. Only the Committee on Ways and Means was appointed, with a view to concentrating atten tion and effort on the tariff. For many weeks there was speculation in the newspapers and around the Capitol as to whether the President would tackle the currency question at the extra session. I happened to know he would, and was 1 told by him to perfect the bill we had in hand. The fact that no committee was in existence was a distinct advantage in that there was no 93 94 AN a d v e n t u r e in c o n s t r u c t i v e f i n a n c e obligation on me, as merely prospective chair man, to confer with any of the few former mem bers who were reelected to Congress or with anybody else. The official connection of the committee expert was also terminated; but Dr. Willis generously put himself at my service. Curiously enough, this is the period of compara tive inactivity which Professor Seymour hit upon to exhibit the wonderful economic and managerial performances of Colonel House! Here it may be stated that the currency measure was so closely guarded for the reason that every other currency bill had been battered to pieces by hostile interests before it could get a start. We suspected that our federal reserve bank bill would be subjected to the same kind of attacks should its revolutionary provisions be prematurely disclosed. Already certain econo mists, one or two employed by special groups, were making desperate efforts to learn what the bill contained and were endeavouring to have the present writer accept parts or all of their pro ductions. The professional business of the com mittee expert kept him in New Y ork for a large part of his time, and thus he was enabled to feel the pulse of the banking community. It was at this time that Dr. Willis wrote m e: “ While I was a good deal encouraged a few A THREATENING FLANK MOVEMENT 95 days ago at the fact that the bankers were swing ing around into support of something like what we have been working on, I think it is essential to bear in mind that they are doing this in full expectation of getting us to adopt such a "strong’ plan as to come close to the Aldrich plan. This raises the question whether it is expedient to put this plan in the hands of any persons to pass around among themselves until wre ascertain the prospects in Congress. I shall by the end of the week have the bill in as good shape as I can get it. I do not wish to go ahead with new fea tures without getting instructions from you, so I am endeavouring simply to improve it strictly on lines that you and I have talked of. Might it not be well when we are ready to show the bill to invite half a dozen of the best men in Washing ton for a conference in executive session?” To me it did not seem expedient to act on this suggestion before the House Banking and Cur rency Committee should be appointed; and the text of the bill was kept strictly secret except from the President and the Secretary of the Treasury. The latter official was exceptionally considerate when the situation was explained; and, as my letter files show, referred all inquiries and suggestions to me. It was not until April that Mr. McAdoo exhibited any impatience whatso- 96 AN ADVENTURE IN CONSTRUCTIVE FINANCE ever; and, as already cited, the text of the bill was read to him at the home of Mr. Hugh W al lace, where Colonel House was a dinner guest. A little while afterward this latter gentleman obtained a digest of the bill which he handed to Mr. Warburg, who wrote the criticism of it pre viously referred to in this chronicle. A month later, on the day before sailing for Europe, Colonel House managed to procure, mysteriously from some source, a copy of the bill for dissection by his banker friends; and thereafter the out standing provisions of the measure were freely dis cussed and severely condemned in financial circles before it was even known who would constitute the congressional committee to consider i t ! In the circumstances cited, the prospective chairman of the House Committee on Banking and Currency could think of no reason why he should not discuss the main features of the bill informally with certain bankers who were in tensely interested in a reform of the currency and had manifested a natural eagerness to see the measure. This I cautiously did to my own great advantage. Moreover, a copy of the bill was now for the first time given to Senator Owen, chairman of the newly created Banking and Cur rency Committee of the Senate, whose coopera tion was earnestly invited. On the third of June, 19 13 , the Banking and Currency Commit- A THREATENING FLANK MOVEMENT 97 tee of the House of Representatives for the Sixty-third Congress was elected, with the pres ent writer as chairman. Among my papers is a list of the proposed Democratic membership of the committee sent to me by President Wilson with the appended note in his own hand asking if the names proposed were satisfactory: BANKING AND CURRENCY 1. C arter Glass o f V irg in ia 2. C h a rle s 3. W illiam G. Brown of West V irg in ia A. K o r b ly o f Indiana 4. R. J . Bulkley o f Ohio 5. Robert L. Doughton o f North Carolina 6. Hubert D. Stephens of M ississip p i 7. Janes T. Byrnes o f S o u t h Carolina 8. G e o rg e 9. Thomas 0 . Patten of New York A. N e e ly o f Kansas 1 0 . Claudius U. Stone of I l l i n o i s 1 1 . Michael r . Phelan of Massachusetts 1 2 . Joe H. Eagle of Texas 1 3 . O tis T . lin go of Arkansas 1 4 . H. H. S e l d o o r l d g e o f C o lo r a d o /%<■. ogL ye*- ^ (/f y. 98 AN ADVENTURE IN CONSTRUCTIVE FINANCE Messrs. Doughton, Stephens, and Byrnes de clined service and were replaced by Messrs. Ragsdale of South Carolina; Weaver of Okla homa, and Wilson, of Florida. Few members of the previous committee had been reelected to Congress and most of the names on the list were of inexperienced members. While greatly dis appointed over the omission of several names 1 much wanted to see, there was no apparent reason for any objection to those presented. And, indeed, with one or two exceptions, they turned out to be as steadfast and earnest and agreeable a set of fellows as any committee chair man ever had the privilege of working with. The one or two exceptions were ingrained dissidents or congenital cynics; they caused delay and created ill feeling, but made not one particle of impression on currency legislation. With the selection of the House committee it became increasingly desirable to be more communicative, and there were frequent and very earnest talks with some of the members, particularly of the old subcommittee, who had been of infinite help with their suggestions in the earlier stages. Obviously, it was going to require caution and tact not to offend the spirit of those new members of the committee who were already nettled at the prospect of being asked to accept a currency measure on faith. A THREATENING FLANK MOVEMENT 99 In the very midst of these conversations, some thing happened that momentarily created con sternation. The Secretary of the Treasury, who had seemed to favour the Glass currency bill and who repeatedly had been invited to propose any desirable alterations or additions, appeared to have been taking advice on the subject from some of his New Y ork friends. As a result, he invited me to a conference at a Washington clubhouse, where I was astonished to be told that, unless the currency bill should be greatly revised, the Secretary had reason to believe it would be unacceptable to conservative bankers on one hand and to M r. Bryan and his radical friends on the other. It was beyond my divina tion to know how to construct a currency bill that would please two strictly adversary groups; but on getting down to details the alterations proposed by M r. McAdoo did not seem at all vital, and the committee expert, who was present at the conference, was directed to prepare the changes for critical examination. Meanwhile, I found in my box at the hotel a letter the contents of which perplexed me. It was from George M. Reynolds, the great Chicago banker, with whom I had repeatedly discussed currency matters. In part it read: “ I am very sorry indeed I missed you last evening. I must return to Chicago to-day and IOO v AN ADVENTURE IN CONSTRUCTIVE FINANCE regret very much I have not been able to see you. Seeing so many evidences of those in high places to scatter on the currency question, I feel a most vigorous effort should be made to have discus sion of the matter centred upon your bill rather than on some others which I regard as unsound in principle and incorrect in theory; and it was with a view of doing what I can to assist in en couraging the passage of your bill that I desired to see you. I would have said some things to you which I do not feel I can consistently write. I sincerely hope President Wilson is much more in sym pathy with your bill than some others I have seen and heard of. This letter seemed to warn me that somebody “ in high place” was disposed to “ scatter on the currency question.” I was not kept long guess ing. Before the committee expert could prepare the alterations in the Glass bill suggested by the Secretary of the Treasury, M r. McAdoo ’ phoned for me to come to the Treasury on an important matter, and there handed me the outline of a proposed bill to create a bureau bank in the Treasury with all the elements of a central bank. The scheme involved a tremendous issue of treasury* notes to supersede the outstanding greenbacks and gold certificates and seemed to contemplate a seizure of the gold in trust behind the certificates. I had not gotten far in my A THREATENING FLANK MOVEMENT IOI examination of the proposal before I looked up from the paper and asked the Secretary if he was “ serious about it.” With characteristic point and punch he exclaimed: “ Hell, yes!” I frankly said the scheme was impossible and could never pass Congress; but M r. McAdoo insisted it had the endorsement of eminent bankers and urged me to consider substituting it for the Glass bill. Senator Owen, he said, thoroughly approved. This I could readily believe, for I had heard Senator Owen express views akin to those reflected by this proposal. However, I was amazed to be told that practical bankers favoured the proposition and still more astonished to have the Secretary name as among them George M . Reynolds, from whom I had re ceived that warning note. I did not know at the moment that the House committee expert had been asked to examine and criticize the plan; this I learned next day. Of course, he condemned it. Secretary McAdoo gave me permission to take the plan for submission to bankers with whom I had intimate contact. Needless to say, I left the Treasury building astounded. It seemed an end o f currency reform for the time— a nullifi cation o f fourteen months of hard work and in conceivable nervous strain. I was never more certain o f anything in my life than that this proposal, if seriously attempted, would cause 102 AN ADVENTURE IN CONSTRUCTIVE FINANCE both a political upheaval in the country and a revulsion in financial circles. It did not require many minutes for me to make the wires hot. To Reynolds, at Chicago, surprise was ex pressed at his change of front and even greater astonishment at his approvalof this novel scheme. To A. Barton Hepburn, of the Bankers’ Currency Commission, in New Y ork, was sent an urgent re quest for a quick review of the new plan, saying: “ It is so radically different from anything that seemed to be in contemplation and so apart from what I had conceived to be the proper function of government on this subject, that I find myself wondering if I know anything about the matter at all. It seems to me that, should we embark on a startlingly different proposal from that to which all our inquiries and discussions have been directed, we will simply accomplish nothing.” Telegrams and letters went instantly to Hulbert, Forgan, Wade, Perrin, and other active figures in the banking community, as well as to a few outstanding business men who had taken ex ceptional interest in the currency movement. Quickly responsive wires came from most of these. Hepburn telegraphed that the proposed scheme had “ fatal objections, and wrote that he had so told M r. McAdoo, then in New York. Jam es A. Forgan, that stern old Scotsman, wired from Chicago: “ I f the people in the Treasury Department interpreted their interview with me to mean that I approved of their bill, then I must confess that we m ay expect a reasonable amount of trouble in dislodging them from their present position, for I have no hesitation in saying to you that I told them frankly I regarded the matter as en tirely unsound, un-American, contrary to proper policy, and that I could not agree with them in the matter at all. “ Naturally, I handled them with as great con sideration and courtesy as possible and did all I could not to antagonize them personally, in the hope that I might wield still further influence in helping to dislodge the idea of a government bank pure and simple from their minds. ____________________ President Wilson’s special friend among bank ers, E. D. Hulbert, o f Chicago, sent a scathing review of the plan, as did other practical bank men. George Reynolds, who had been cited as an advocate of the scheme, wired that he had “ been misunderstood,” immediately following with a letter, part of which is appended: _ Have just read copy of proposed currency law which you sent me. Consider it impracti cable, inadvisable, and unworthy of serious con sideration.” 104 AN ADVENTURE IN CONSTRUCTIVE FINANCE « “ I am unalterably opposed to the plan, and I cannot feel that serious consideration will be given to it by men of affairs, and particularly by students of this subject. “ In the event that this reserve scheme of McAdoo’s does not seriously befog the situation through getting M r. Wilson himself committed to it, I am rather inclined to believe it may in the end prove to be more or less of a blessing in dis guise, in helping to concentrate favourable opin ion upon your bill. “ Possibly the fear of the adoption of some such scheme as has been proposed, wdiich has as its basis fiat mone^, to say nothing of the wrong principles in practical application, m ay cause many who have been more or less rigid in their views of this question to be a little more yielding.” From bankers, business men, and trained economists there came a flood of protests and alarming predictions. The President, appar ently not knowing that I had been apprised of the proposed substitute, ’phoned me that he had a paper from M r. Samuel Untermeyer in ad vocacy of a new currency scheme, which he wanted me to examine. Later in the day, he sent the paper by messenger with the attached note: A TH R EA TE N IN G FLANK M OVEMENT 105 / fa * - C^OUs J? yz/f~~ * / ? jfa r ~ /l^ y. y fy o ^ ^ n sirc. 5 /t t ^ T „ This was the first I knew of the origin of the extraordinary plan, although I had long heard some such queer talk in certain quarters. The President did not seem especially impressed; but, conceivably, had given tacit permission for the experimental attempt at a rival plan which he had been assured would please the radicals of his party and not displease the better balanced 106 AN ADVENTURE IN CONSTRUCTIVE FINANCE element. It also had been represented to him that the reserve bill which had been worked out upon lines concurred in, where not actually suggested by the President, “ was displeasing to bankers and politicians alike.” Among those who were thus urging the President to sidetrack the federal reserve bill, which Professor Seymour tells us Colonel House conceived and managed through Congress, was Colonel House himself! He appeared tip-toeing on the scene as an ad vocate of this central-bank-greenback scheme; and just belnre setting sail for Europe was press ing the President for a personal interview for M r. Untermeyer in order that the bureau plan might be presented in all its alluring aspects and the federal reserve bill ditched. When President Wilson refused, Professor Seymour’s “ guardian angel of the federal reserve bill” was so intent on having substituted for it the strange device of M r. Untermeyer that he besought M r. Wilson to relent and listen to the wonderful argument of M r. Untermeyer. He actually proposed to have M r. Untermeyer slipped into the White House at night, when “ it is quite possible no one will know” ! He even took the trouble to suggest Senator Owen and M r. McAdoo to do the slip ping. The only objection Colonel House in timated to the scheme was the conspicuous identification of Mr. Untermeyer with it; and A THREATENING FLANK MOVEMENT I0 7 this he proposed to cure by suggesting a w ay in which Mr. Untermeyer might, by a quick process of elimination, be taken out of the picture. Dr. Seymour m ay know an infinite lot about what he calls “ historicity” ; but as a picker of “ guardian angels” he may be said to be a little deficient. And, if the business of a person en gaged in “ historicity” is to tell the truth strictly and altogether, Professor Seymour should ex plain why he omitted from the Intimate Papers of Colonel House a letter to M r. Wilson, bear ing date of M ay 20, 19 13 , the inclusion of which in his chapter on “ Currency Reform ” would have badly disfigured the wretched pre tense that Colonel House had part in federal reserve legislation. It would have, in direct contrast, revealed him as an intriguer in the effort to wreck the federal reserve bill and to replace it with a bureau central bank, to be owned and operated by the federal government! It may be assumed that the failure of Dr. Sey mour to print this immensely interesting letter denotes his differentiation of history from “ his toricity” !—the one being the truth revealed and the other the truth concealed. Until the President apprised me of the Unter meyer paper, I had not imagined the scheme had yet gotten to him. On the evening of June 5th, he had me come to the White House for a con 108 AN ADVENTURE IN CONSTRUCTIVE FINANCE ference about this new development. Armed only with several telegrams from leading bankers and the letter from Reynolds, just taken from the mail, I went for the discussion. The Presi dent had me dissect the Untermeyer scheme. I tried to make it a vivisection. At the end of the review, during which he scarcely spoke, Mr. Wilson quietly said: “ I am surprised, Glass, at your vehemence. M ac tells me the scheme has the approval of many practical bankers.” I asked who they were. “ George Reynolds, for example, one of twelve men controlling the credits of the nation.” This I had expected would be the answer, because the name of no other banker had been mentioned as sanctioning the thing. Taking the letter of Reynolds from m y pocket, I read to the President several of the very emphatic paragraphs. He made me reread the clause beginning: “ N aturally, I handled them with as great consideration and courtesy as possible.” He appeared to think this evinced a lack of real courage, if not of frankness, al though Mr. Reynolds had explained that he had felt obliged to be tactful. “ I fear M ac is de ceived,” he said, “ but fortunately the thing has not gone so far it cannot be stopped.” Reaching for his pen, he made a note on a pad and dis missed me. Other telegrams and letters of protest came in A THREATENING FLANK MOVEMENT immediately, until it seemed that the Reynolds prediction was verified sooner than could have been expected. The banking community was badly frightened at this threatening movement to ditch the federal reserve bill by substituting for it a government bureau bank in the Treasury. Some of their wires and letters were sent to the White House and others to the Secretary of the Treasury. The blistering comment on the new scheme by E. D. Hulbert of Chicago was dis patched to the President by special messenger in order to strengthen M r. Wilson’s purpose to put an end to the move. To Mr. Hulbert the committee chairman wrote under date of June 9th: “ I took the liberty of submitting your com ment to the President, knowing he has great con fidence in your judgment. Permit me to say that you not only state the logic of the mat ter as to the economics of the proposition, but you present the political aspect in a striking and tactful way. Your comment in this respect accorded so absolutely with what I had said to the President that I took exceptional delight in handing him your brief. I am happy to tell you that Secretary McAdoo to-day assured me that he would not further press this scheme, but would accept m y draft of a bill constructed upon,' IIO AN ADVENTURE IN CONSTRUCTIVE FINANCE lines you have approved, as a basis of legisla tion.” The President had given his decision against the scheme, and McAdoo met the situation like a prince. Not for an instant did he exhibit a sign of resentment or even of disappointment. He felt that he had been misled by some of the bank ers who had been more intent on being tactful than on being frank. From that moment, he never wavered. E very hour he could spare from more exigent duties he gave to the currency problem. He was particularly resourceful in helping to assuage irritation among the new members, who naturally felt that, if they were to assume responsibility, they should have some part in the preliminaries. It was a delicate task to convince men of spirit that, in a complex technical matter, there must be single initative and leadership in order to get anywhere. M c Adoo is one of the few men in the world who can swear interestingly. During this period he was positively fascinating. His zest in behalf of currency reform, with his personal attachment to the committee chairman, proved a powerful incentive to success. Without his fine spirit and absolute dependability, the task of the com mittee would have been infinitely harder, if not well-nigh impossible, But, heaven help us, A THREATENING FLANK MOVEMENT III what a narrow escape that was from wrecking currency reform and precipitating another gov ernment bank upheaval! The ghost of Andrew Jackson stalked before m y face in the daytime and haunted my couch for nights. C H A P T E R V II TH E BA N K ERS EXC LU D ED Not Permitted to Select Members of Federal Reserve Board — A Dramatic Protest to Mr. Wilson— When a Government Note I s Not a Government Note T A R I F F legislation was nearing consumma tion, and it became increasingly necessary to hurry the currency bill along for introduction as an “ administration measure,” for only thereby could we hope to succeed where so many others had utterly failed. In this interim Secretary McAdoo and Senator Owen proposed alterations in the structure of the bill that very greatly simplified the original method suggested of electing the boards of directors of the regional banks and the appointment and operation of the Federal Reserve Board. It was at this point that the President had us come to the White House for a conference concerning that feature of the bill that gave the banks minority repre sentation on the Federal Reserve Board. I was very definitely committed to giving the banks some voice. Senator Owen, of the Senate com THE BANKERS EXCLUDED II3 mittee, had sided with Mr. Bryan in opposition. At the White House conference McAdoo agreed at first with me; but later in the evening he pro posed a compromise. The President decided against banking representation. This was one of the crucial questions the President had to determine. It was evident it might involve the failure o f legislation by embittering the bankers should they be entirely excluded. I f they should be included, Bryan and his following might revolt. I had urged the “ essential injus tice and political inexpediency” of denying the banks minority representation. The President was not bothered about the political phase; but he was willing to discuss the justice of the thing. So convinced was I that the President was wrong in his conclusion that I sent him this note; which is reproduced here to indicate that the President was not easily persuaded nor the chairman of the committee entirely complaisant: “ At the risk of being regarded pertinacious I am going to ask if you will not consider the ad visability of modifying somewhat your view of bank representation on the proposed Federal Re serve Board. The matter has given me much concern, and more than ever I am convinced that ^ will be a grave mistake to alter so radically the feature of the bill indicated. Last night, 1 14 AN ADVENTURE IN CONSTRUCTIVE FINANCE when I came back to my hotel, I found M r. Bulkley waiting, and he sat with me until past one o’clock this morning. Knowing that he was so earnestly for a government note issue and for government control, I imagined he would be delighted with the suggested alteration. I told him of the change without first indicating my own view; and, much to m y astonishment and gratification, he instantly and vigorously pro tested, saying he had regarded the extent to which we had already put the government in control, together with the tremendous power of the Board, as the real weakness of the bill. He also said we could not escape the charge of exposing the banking business of the country to political control. As indicated to you last night, M r. Bulkley is a strong man of the committee with whom we must reckon; hence his view of this proposed alteration fully confirms my belief that it would prove an almost irretrievable mis take to leave the banks without representation on the central board. You will note that the bill requires the three members selected by the banks to sever all bank connections before qualifying. Might it not be well at least to take M r. McAdoo’s suggestion and have the President select these men from a list proposed by the banks ? W ith high esteem, THE BANKERS EXCLUDED 115 The President was adamant; and, if there was ever a lapse, I soon was to revive the conviction that M r. Wilson knew more about these matters than I did. As anticipated, when the bill was introduced in Congress, bankers raised an up roar about this provision. With scarcely sup pressed satisfaction, I headed a delegation of them to the White House to convince the Presi dent he was wrong. Forgan and Wade, Sol Wexler and Perrin, Howe and other members of the Currency Commission of the American Bankers Association constituted the party. The first two, peremptory and arbitrary, used to hav ing their own way, did not mince matters. They evidently were not awed by “ titled conse quence,” for they spoke with force and even bit terness. Sol Wexler and Perrin were suave and conciliatory. The President was courteous and contained. These great bankers, arbiters for years o f the country’s credits, were grouped about the President’s desk in the Executive office adjoining the Cabinet room. I sat outside the circle, having already voiced my own dissent from the President’s attitude. President Wil son faced the group across the desk; and as these men drove home what seemed to me good reason after good reason for banker representation on the central board, I actually experienced a sense ° f regret that I had a part in subjecting Mr. Il6 AN ADVENTURE IN CONSTRUCTIVE FINANCE Wilson to such an ordeal. When they had ended their arguments M r. Wilson, turning more particularly to Forgan and Wade, said quietly: “ Will one of you gentlemen tell me in what civilized country of the earth there are im portant government boards of control on which private interests are represented? There was painful silence for the longest single moment I ever spent; and before it was broken M r. Wilson further inquired: “ Whichof you gentlemen thinks the railroads should select members of the In terstate Commerce Commission ? There could be no convincing reply to either question so the discussion turned to other points of the cur rency bill; and, notwithstanding a desperate elfort was made in the Senate to give the banks minority representation on the reserve board, the proposition did not prevail. It was at this conference that the President requested the House chairman, as compensation to the bankers for denial of representation on the central board, to set up a Federal Advisory Council, to be composed exclusively of bankers authorized to sit at stated times with the Federal Reserve Board in a purely advisory capacity. This was done and the amendment made in committee. At this conference also vigorous protest was made b y the bankers against the utterly foolish decision to eliminate the bon THE BANKERS EXCLUDED II7 conversion provision of the bill, designed to re tire, in time, national bank notes. I could never exactly comprehend how the President or the Secretary of the Treasury was persuaded to lis ten to such a thing, much less momentarily to sanction it. The primary purpose of the pro posed legislation was to rid the country gradu ally of bond-secured circulation. Hence, on learning that this proposal had been abandoned at the request o f M r. Bryan with the concur rence of Senator Owen, while agreeing to intro duce the bill with this provision omitted, after over-night reflection I frankly told the President and immediately gave out a public statement of my unalterable intention to have the bondconversion feature restored, if possible, in com mittee or in the House. The elimination caused wide astonishment. It was so unsparingly con demned that the provision was restored before the bill was introduced. E very platform o f the Democratic party for twelve years had pro scribed the inelastic bond-secured currency. E very currency expert and every teacher of economics had done likewise, as well as every in telligent banker. After the meeting with the President at the White House, I agreed with Messrs. Wexler and Reynolds, acting for their committee, to do everything possible to restore the bond-refunding Il8 AN ADVENTURE IN CONSTRUCTIVE FINANCE provision of the bill and to revise the bankreserve provision so as to permit the central board, in its discretion, after a period of three years, to allow 5 per cent, of credit balances kept with correspondent banks to count as reserve. It was also agreed that an Advisory Council, selected by the banks, would be set up. Restora tion of the bond provision was regarded by the chairman as indispensable; the President had al ready privately requested the inclusion of an Advisory Council provision, so the only im portant concession involved at this conference with these bankers related to reserve require ments, and I felt absolutely certain the Board would not use its discretion, after a three-year test, as these bankers imagined it would. They agreed explicitly that, if the changes indicated were made, they would get behind the bill “ with enthusiasm” and do their best to put the entire Currency Commission of the American Bankers Association in motion for it. In a few days thereafter, I was surprised to receive a letter from M r. Wexler, approved by M r. Reynolds, renouncing the agreement and signifying their unwillingness to support the bill as drawn. The President and my committee colleagues had been induced to consent reluctantly to this modifica tion of the reserve section, appearing to think the price for banker support was rather high. / & V 6V /Lm-*tl4-£ <fctre. rtn- - r ,*- ■*• ^ **<tv ■■,, T - - ^- *+***— ~ S^Lt^ve. A* S * ^ X 4 tj£ jy T ) J & + .4 £ AuvuU, <i^e & + Jt *<***. « &d- $+*»*^Ssiassa*/ ^ £**^ ^ e >U*u^ 'i t9* ^ uA , c*u ^ ~ £. *>**■ , **-* ?3L***. Ji*4*sm-0- ^ ^ A<w &***sq,*^«!fc fi*A*U. JZu*** z£ dx>^~4. 7— ■. <■ ■ < t » * -+ . .<-» ^ ^ A ”- •■ £ J 6-i- £ ad*/ ' ^ »w '.^ , -~-t' ^«V* ^ <S'*>-- r ff ^ * - ^ r A . </ ^ v*~^'~ ' ■ * ' * ' " ' ^ C/3 far* ^ ^ 24<^ * ^ w: - ^ - ^ A L A e ^ u e —e V c 4 * * < S i. f t * ■ •* ■ «v '< 2 ^ /£ * v6^4?Zw*^***^ ^ P X * ^ \> £ r ~ /4 r £**Ji^s;2it4<+^ >^Atr,-- 7±Vz. ■<-/>.,....... a^Ae^j ^ * & ** * -» * - iL f iu j' ^ * t< -* ^ ^ 6 is x r / / -/ -T 7 t / j. ,- T* 7^* fs L * K ^ jJk * ^ rC .. * S ~ - A « <J* 4 M -rT f . fc-o t t ^ jL ^ ^»**~^ fe<^ - &u**A-Lrt. < 1 1 1 1 ,0 1 .^ ^ ? lc*'*7t# -id » < & ,.. . ~~Y. CJli.'m *c uSor- &*&-**, ' &?o <** . £**4-/rr*+y6r**~~&~ 4*~fjt* ft**---- uAy, 6 ^ * ~ ^ > , 7~ ‘ . /. »..-^ ^ --- Ocr<J-jpr~ *£*-• dy^>..VV>i.i»#~* 1 First draft of Advisory Council provision referred to on preceding page as submitted to Committee of Bankers. H9 120 AN ADVENTURE IN CONSTRUCTIVE FINANCE N aturally, exasperation was great at the W exler letter, and I lost no time in letting this be known, writing him under date of Ju ly 3d. “ I do not imagine you will be surprised to have me express astonishment at the contents of your letter. Each and every one of the modifica tions suggested b y your committee in my room at the Raleigh Hotel was drafted by me and sub mitted to you; and, as I distinctly understood, was approved. It was upon the assurances of yourself and M r. Reynolds that, with these al terations, you would get behind the bill, that I prevailed with my colleagues to agree. In view of these facts I was amazed to receive your letter saying you would not support the bill after hav ing agreed to do so. I f we are to have your hostility in addition to that of the radical ele ment, we will bring out a bill not half as good as this one, and you gentlemen will be responsible.’ M r. Wexler insisted that I had not understood the suggestions they made or his recent letter and berated the administration for not wanting to “ do anything that is economically sound.” He said further: “ Neither M r. Reynolds nor I have stated we will oppose the bill, notwithstand ing it has not been rewritten according to the suggestions we made. We certainly shall use every effort to have the bill amended along THE BANKERS EXCLUDED 121 sound banking lines, as we cannot conceive any reason for the extreme obstinacy of the framers of the bill.” These gentlemen were again reminded that the changes which they had proposed had not only been embodied; but the very form had received their positive sanction. However, they per sisted in their own obstinate purpose to have the bill further amended. The result was that the concession which had been made to them on the reserve provision was promptly expunged and they got nothing. They fought for the restora tion of this expurgated clause to the very last, as evidenced b y a telegram to me from Mr. Reynolds dated December 20th, three days before the bill became law, saying it was “ im perative to the success of the new system that the currency bill be so modified as to allow at least °ne fourth of the reserve of country banks and ordinary reserve city banks to consist perma nently o f balances due from correspondents in reserve and central reserve cities.” I had offered them a concession whereby they might, possibly, have gotten more than one fourth, and they had accepted it with a promise of support. They n° t only renounced the arrangement, but severely arraigned the proponents of the bill, r hey ended up their threatened fight by appeallng for one fourth and lost a ll! 122 AN ADVENTURE IN CONSTRUCTIVE FINANCE On this point Dr. H. Parker Willis, in his work on The Federal Reserve System, has this to say, which exactly reflects my state of mind as ex pressed to the committee expert at the time: “ M r. Glass was firmly of the belief that the transfer of reserves would prove itself to be not only entirely free of any injurious effect upon the banking community but, on the contrary, highly beneficial, while he was unable to conceive of any Federal Reserve Board which would be so lack ing in the knowledge of general principles of banking as to throw aside what was unquestion ably likely to prove the most valuable and im portant change in banking organization that had been introduced since the Civil War. He there fore gave the bankers a tentatively favourable reply and proceeded to take the matter up with President Wilson. He found the latter, however, unexpectedly opposed to it. Nevertheless, the President was indisposed to deny what M r. Glass had partially agreed to and he therefore gave a somewhat unwilling assent to the proposal. The only other feature of the currency bill around which a conflict raged at this time was the note-issue provision. Long before I knew it, the President was desperately worried over it. His economic good sense told him the notes should be issued by the banks and not by the government; but some of his advisers told him Bryan could not be induced to give his sup port to any bill that did not provide for a “ government note.,, There was in the Senate and House a large Bryan following which, united with a naturally adversary party vote, could prevent legislation. Certain overconfident gen tlemen proffered their services in the task of “ managing B ryan.” T hey did not budge him. His public life had been spent in advocacy of a government issue, and he was willing to stake his political existence on this point. The chairman of the House committee was not disturbed, be cause he did not dream President Wilson would permit such an unscientific blur on the bill. On M ay 15th, M r. Wilson was told by me in a note: “ Mr. Bryan has twice indicated his desire to discuss currency matters with me; but, if I may venture to say so, I think his talk should first be with you. I find he is opposed to bank issues and disposed to government issues. It is my notion that this would get us into all sorts of trouble.” There is reason to think that President Wilson abstained from talking personally with M r. Bryan on the subject. He was a schoolmaster and had not overmuch patience with whims. Of course, he would not by harshness wound the 124 AN ADVENTURE IN CONSTRUCTIVE FINANCE sensibilities of his Secretary o f State; therefore he relied on others to win over M r. Bryan. T hey could not do it, particularly as the chair man o f the Senate committee agreed with the Nebraskan. When a decision could no longer be postponed the President summoned me to the White House to say he wanted federal re serve notes to “ be obligations o f the United States.” I was for an instant speechless! With all the earnestness of my being I remonstrated, pointing out the unscientific nature of such a thing, as well as the evident inconsistency of it. The President was reminded of what was behind the federal reserve note: the liability of the in dividual member bank, with the double liability o f its stockholders; the considerable gold cover with the ioo per cent, commercial secondary re serve; the liability of the regional banks, in dividually and jointly, as well as the double liability of the member banks; the banking in stinct behind every discount and every redis count transaction; the right of the regional bank to reject business and, finally, the power of the Federal Reserve Board to withhold notes. “ There is not, in truth, any government obli gation here, M r. President,” I exclaimed. “ It would be a pretense on its face. Was there ever a government note based primarily on the property o f banking institutions? Was there THE BANKERS EXCLUDED 125 ever a government issue not one dollar of which could be put out except by demand of a bank? The suggested government obligation is so re mote it could never be discerned,” I concluded, out of breath. “ E xactly so, Glass,” earnestly said the Presi dent. “ E very word you say is true; the govern ment liability is a mere thought. And so, if we can hold to the substance of the thing and give the other fellow the shadow, why not do it, if thereby we m ay save our bill?” And this was the man they called a dreamer! This the man they insisted had no political sense! He had said more to the point in a sentence than I had in a speech; and again I learned that Mr. Wilson knew vastly more about the business than I did. Hence, a little while after, in the memo rable debate with Vanderlip before eleven hun dred bankers and business men under the aus pices of the New Y ork Economic Society, the chairman of the House committee, in defense of the currency bill, was forced to this turn: “ To those who advocate government issue, it may be said we have it here in terms, with dis cretion in the Reserve Board to issue currency on application or to withhold. To those who con tend for bank issues, as I do, we m ay say that, in the practical operation of the system, you 126 AN ADVENTURE IN CONSTRUCTIVE FINANCE have it here; because only upon application of a bank can the government issue. To those who affect solicitude for the government’s credit, it may be pointed out, as a practical fact, that the security behind the notes is many times more than sufficient to protect the government before the note-holder could reach the Treasury coun ter. Thus we have yielded to the sentiment for a government issue, but retained the substance of a bank issue. The section constitutes a com promise; it provides a composite note. But no man here can put his finger on a solitary element o f unsoundness in it.” The determination of this dispute, threatening to wreck legislation, was but another of many instances in which the patience and purpose and firmness of President Wilson prevailed. The bill was now ready to be presented as an “ ad ministration measure.” It represented months o f thoughtful consideration and suggestion by M r. Wilson on one hand and an inestimable amount of labour by the chairman and com mittee expert on the other. Dr. Willis had become something more than a currency techni cian to the House committee. He was the de voted friend and adviser of the chairman. His equipment for the difficult business was unsur passed, beginning with his invaluable experience THE BANKERS EXCLUDED 12 7 with the Indianapolis currency conference and extending over the years in which he taught economics as a professor at several important universities. As expert to the House W ays and Means Committee and in other such work he had become acquainted with legislative proc esses and was an accomplished draughtsman. While subject entirely to the direction of the committee chairman, his initiative was simply indispensable. He has received too little credit for his exceedingly important part in the work. As already indicated, a point of great anxiety was the very natural indisposition of the new members of the Committee on Banking and Cur rency to accept a bill with the construction of which they had nothing to do. The situation required the intimate touch of a tactician, which the chairman o f the committee was not. The President supplied a large part of the essential quality; and in this respect McAdoo helped amazingly. There was one member of the committee with an exceptionally clear intellect, who had the misfortune to be born with a ham mer in his hand and a gibe on his tongue. He rarely ever agreed with anybody. Besides, he had a notion that a new man in Congress could attract little attention by going with the crowd; to be noticed he must raise a row. At my urgent request, the President one day sent for him to see 128 AN ADVENTURE IN CONSTRUCTIVE FINANCE if he might be quelled. It did not take M r. Wilson many minutes to find that this com mitteeman had a lot of sense. Quite as readily he discovered that his excess of personal vanity was as visible as the hair on his head. The President’s skill in treating the case was so effective that the member left the White House actually imagining or affecting to think that the chairman of the banking committee was to be deposed and the currency bill given over to his charge. So sure was he of this that he had it wired as a front-page story to his home paper. There were one or two other impossible members; but as soon as the better balanced members came to realize that currency reform was not a personal matter and should not be obstructed on that account, friction disappeared and there was fine team work, with men like Bulkley, of Ohio, Phelan of Massachusetts, K orbly of In diana, Patten of New York, Seldomridge, Weaver, and others equally zealous, standing with the chairman always against the dissidents. At the very outset, on June 19th, the chairman sent to each member a letter saying: “ I have this evening received from the public printer a limited number of printed copies of the tentative draft of a currency bill made at the suggestion of colleagues who served with me THE BANKERS EXCLUDED 129 on the subcommittee of Banking and Currency which held exhaustive hearings last winter on the subject o f currency reform. I am sending members of the Banking and Currency Commit tee the copy of this tentative draft for such con sideration as they m ay care to give it. “ There is, of course, no obligation whatsoever upon any member of the committee to agree to any provision o f this bill. In its present form it simply represents the result of many months of hard work, based upon the hearings referred to and upon repeated conferences invited by the President and the Secretary o f the Treasury upon the assumption that, as ranking member, I was to be made chairman o f the Banking and Currency Committee. T h is tentative draft was only completed last night and I am putting it in the hands of m y colleagues at the earliest practicable moment. Needless to say, it is any member’s privilege to propose alterations to any part of it or to reject it entirely, as his judg ment may suggest. Feeling assured that I shall have your cordial cooperation in the effort to secure a satisfactory measure that will solve this long-standing problem in the interest of the country, I am,” etc. This overture of the chairman was supple mented by an authorized invitation of the Presi- I3O AN ADVENTURE 'IN CONSTRUCTIVE FINANCE dent to each member to a conference on the evening of June 20th at the W hite House. All the members accepted; but the bitterness of the dissidents appeared to be reflected in the note of one of them, who protested that he did not “ con ceive any service that I or any other member of the committee can render, as the President al ready has committed himself on the principles and policies of the bill you, Owen, and McAdoo are said to have drafted.” However, there was a full attendance at the White House conference, and the President handled the matter impres sively. A good spirit prevailed,only one member exhibiting the least sign of ill temper. He was so entirely rude that the President at one stage was sorely tempted to invite him to leave the room. It was sheer insensibility; for the same man was so unaware of having been offensive and so sure of the President’s favour that, at the next ensuing election, he sought a letter from Mr. Wilson advocating his return to Congress. From this time, the fight for the currency bill was transferred to the fourteen m ajority mem bers of the Banking and Currency Committee o f the House. There it encountered little op position except from a very small group of agrarians, the sum total of whose antagonism found expression in obstruction. After the strong men among the members got their bear- THE BANKERS EXCLUDED 131 ing, they took and consistently maintained a position of intelligent and aggressive advocacy of the measure. There were minor alterations and readjustment o f details; but examination of the minutes now before me, showing every mo tion made and the vote thereon, discloses no single amendment of the essential provisions. Even obstruction and delay were almost entirely due to the fact that the few dissidents had put themselves in contact with Representative Henry, chairman of the House Committee on Rules, who, thinking he was backed by M r. Bryan, was desperately opposed to the bill as framed and sought by every conceivable expedi ent to prevent its passage. As fast as we would proceed in the committee room below, this adver sary in his committee room above us would devise new schemes for presentation by his sympathizers on the banking committee. As occasion would seem to require, the Secretary of the Treasury, who was an adept in persuading men, would do effective missionary work, as would Speaker Clark and Oscar Underwood, when apprised of infrequent dissensions in the committee. Three times the President ventured to intervene to Pacify the eruptive element. The first and only time the writer ever heard Mr. Wilson swear Was when the chairman of the committee, exas perated beyond endurance at a particularly 132 AN ADVENTURE IN CONSTRUCTIVE FINANCE senseless and flagrant outbreak, threatened to resign. “ Damn it, don't resign, old fellow; out vote them!” the President exclaimed. And the advice was accepted; the obstructionists were overcome every time. * C H A P T E R V III A M EM ORABLE C U R R EN C Y CAUCUS The Wreckers Marshal Their Forces—Bitter Assaults on Federal Reserve B ill—Bryan Sides with the President— Enemies of the Measure Routed I T NOW remained to fight the measure through the party caucus. The newspapers were full of stories of revolt. The Bryan element, it was insisted, headed b y Congressman Henry, of Texas, was going to tear the currency bill to tatters. The Secretary of State, the reporters had been assured, was behind the insurrection and would “ measure strength with the Wilson element.” Thus no little excitement was created and a lively time was expected. As to this, nobody was disappointed. There was a lively time. Indeed, it was a memorable party caucus. No such scenes were ever witnessed before, nor have they been enacted since. Henry and his group persistently asserted they would control; and they did number quite a formidable bloc of votes. The Texan was an engaging talker and an exceedingly likable fellow; but he knew as 134 AN a d v e n t u r e i n c o n s t r u c t i v e f i n a n c e much about banking and currency questions as a child about astronomy. He was not a vicious demagogue; but a very insinuating one. He con fidently relied on rallying the members from the back-country districts and intended to conjure with the still-magic name of M r. Bryan. He presented his proposals with great ingenuity of speech and made a passionate plea for the defeat of the “ Wall Street” currency bill, meaning the bill agreed on b y the Democratic member of the Banking and Currency Committee. He was supported by the one or two members of the committee who were always incorrigible. The currency scheme evolved by this pas sionate band of economic guerillas was “ fearfully and wonderfully made.” Among its various memorable provisions was one permitting labour unions to designate one member of the Federal Reserve Board who should be a bona-fide labourer, and the farm unions one member who should be a bona-fide farmer, and certain bankers one member to be experienced in banking. All ex-Presidents of the United States were to be pensioned on the system and paid salaries out of its funds by being constituted ex-officio members of the Federal Reserve Board, to assume full life-time membership as vacancies should occur, except that not even ex-Presidents of the United States were eligible to succeed the bona- A MEMORABLE CURRENCY CAUCUS 13 5 fide labourer or farmer or banker. These posi tions were made perpetually sacrosanct. The bill called for the issuance of three kinds of legal tender currency in addition to the kinds already outstanding, to be classified as “ Agricul tural Currency,” the $200,000,000 of which was to be available to corn, cotton, and wheat grow ers; “ Commercial Currency,” the $300,000,000 of which was to be available to general com merce; “ Industrial Currency,” the $200,000,000 available for public works in the states and their sub-divisions. The Commercial Currency was to be handled by the reserve banks under general direction of the central board. The Industrial Currency was to be parcelled out to states and territories according to population and wealth for internal improvements, with state, munici pal, and county bonds as security to the United States Government, which was obliged to redeem the notes on demand in gold. The Agricultural Currency was to be loaned by the reserve banks direct to corn, cotton, and wheat growers under guarantee of a minimum price of 60 cents a bushel for corn and $ 1 per bushel for wheat and *5 cents per pound for cotton. The loans to commerce were to be purely permissible; the loans for public works were apparently to be automatic and to extend for twenty years each; loans to corn, cotton, and wheat growers were 136 AN ADVENTURE IN CONSTRUCTIVE FINANCE to be positively compulsory, no discretion being lodged with the banks. The reserve banks were to deal directly with the growers. A ny producer o f one bale of cotton or as much as twenty bushels of grain who should present a warehouse certificate was to get his loan, which was not to mature until the product should reach the minimum price prescribed by law! The existence o f stock-raisers, orchardists, poultrymen, dairymen, tobacco planters, producers of commodities far exceeding in mar ket value any o f the favoured farm products, was not recognized in the text of the bill when it came to issuing these various stripes o f currency. It is not necessary here to dissect the grotesque measure. M erely to state some o f its contents is to expose its incredible absurdities. The thing vividly revived that period of French his tory when long imprisonment, and later the guillotine, was the penalty vainly denounced against those who refused to exchange their wares for the depreciated currency of the realm; and I ventured to ask if it was proposed to dangle the hangman’s noose before the trades men of America when they should turn from Henry’s currency as they would from the drip pings of a pest-house! Little time was wasted in the party caucus on this foolish bill beyond the specious talk of its proponents. The dis- A MEMORABLE CURRENCY CAUCUS cussion raged around the real Federal Reserve bill. N aturally, it fell to the chairman of the Bank ing and Currency Committee to explain and defend the provisions of the committee bill. This was done in measured terms and a repressed tone. But when it came to dealing with Mr. Henry’s strictures on the committee and his acrid criticisms of the President, together with his little less than ludicrous plea for his “ corntassel” currency, the retort assumed a rather more animated tenor. Quoting from a speech by Mr. Bryan in the House years before against “ executive aggression,” and twisting Andrew Jackson’s federal bank fight into an imaginary analogy to his side of the immediate controversy, Henry fiercely assailed President Wilson for urging the passage of the pending measure. Rejoining on this point, the chairman of the committee reminded the caucus that “ the bit terest complaint of Jackson’s veto message of the United States bank bill was the failure of the proponents of that measure to advise with him upon the provisions it contained. And yet, be cause Woodrow Wilson, in the exercise of his con stitutional privilege, pleased to confer with mem bers of the Banking and Currency Committee concerning provisions of this bill, he is arraigned ln a Democratic caucus as a political martinet. 13 8 AN ADVENTURE IN CONSTRUCTIVE FINANCE I take leave, as a Democrat associated with this administration in a great work for the country, to express the belief that no man ever lived whose course of conduct in public affairs was prompted by a higher degree of patriotism than the conduct of President Wilson in his effort to reform the banking and currency system of the nation.” The caucus was prepared for Henry’s attack on the President, because it was definitely known that Mr. Wilson had flatly told the Texan that his persistent antagonism to the currency bill constituted a challenge of the President’s leader ship of the party. But it was not known by many that Bryan was out of tune with Mr. Henry. Hence the announcement came like a thunder-clap when I read from a letter of the Nebraskan, just handed me, this paragraph: D epartm ent of S tate Washington, D. C. August 2 2/13. M y dear M r . G l a s s : . . . The papers have reported members of Congress as presenting views which were alleged to be mine. I do not know to what extent these reports may exaggerate what has been said and done; but you are authorized to speak for me and A MEMORABLE CURRENCY CAUCUS 13 9 say that I appreciate so profoundly the service rendered by the President to the people in the stand he has taken on the fundamental principles involved in currency reform, that I am with him in all the details. I f my opinion has influence with any one called upon to act on this measure, I am willing to assume full responsibility for what I do when I advise him to stand by the President and assist in securing the passage of the bill at the earliest possible moment. . . . V ery truly yours, W. J . B r y a n . It is scarcely possible to depict the scene that ensued. The pleasure manifested by the friends of the currency measure was not exceeded by the exhibition of rage by the antagonistic group, if it were accurate longer to think of them as a group. Henry was white with anger as the caucus roared with cheers of derision, repeated over and over again. A Texas colleague, mem ber of the Currency Committee, sought to make a diversion by a wrathful attack on Bryan, call ing out above the din that to his personal knowl edge “ Bryan does not know a damn thing about the provisions o f this currency bill.” This was too late a discovery, suggested the defenders of the measure. “ How prodigal would have been the praise of the wisdom and patriotism of Mr. 140 AN ADVENTURE IN CONSTRUCTIVE FINANCE Bryan had he taken part with those who con demn, rather than with those who applaud, the effort of the administration to rescue the country from the continuing peril of a dangerous banking and currency system !” exclaimed the chairman of the committee, as he proceeded to examine in detail and flay the preposterous nature of H enry’s proposals. Representatives Bulkley, of Ohio, and Korbly, of Indiana, defended certain sections o f the bill with notable spirit and ability, while Michael Phelan, of Massachusetts, contributed his cogent and incisive qualities to the discussion— and his Irish wit. Henry invoked Samuel Untermeyer in behalf of a proposed “ interlocking-directo rates” amendment to correct a gross evil dis closed by the Money Trust investigation; but Bulkley quickly quoted Untermeyer as disap proving the attempt to confuse currency reform with the directorate question, and as saying: “ Nobody but a vicious marplot would deliber ately seek to delay or complicate legislation under the existing tense and delicate conditions, which demand immediate relief.” Oscar Under wood aided effectively on this point; and M r. Henry was literally stripped of his following when the discussion was ended. The few wrho remained obdurate to the end were simply indurated against every approach A MEMORABLE CURRENCY CAUCUS 141 of understanding and were, therefore, impervious to argument. This seemed strictly true except in one or two cases, where infuriation usurped the seat of reason. When this occurred the caucus witnessed characteristic explosions by those unhappy souls whose chief contribution to any discussion is always personal vituperation arrantly applied in circumstances which make it perfectly safe to use epithets. With the tumult subsided and rational debate exhausted, we at last had the roll-call ordered for a record vote. On the proposition to approve the currency bill and make it “ an administration measure,” as the President desired, the vote in caucus stood 168 for to 9 against! President Wilson there upon gave out a statement at the White House in which he said: “ I am proud, as every Democrat must be, of the w ay in which the committee and the caucus have accomplished a consistent piece o f con structive work. With the frankest discussion and under the ablest leadership the Democrats have shown their capacity as a party to serve the country by an admirable piece of business legislation. It must stimulate the country to see such evidences of harmony along with con structive purpose in a work of no small complex ity and difficulty.” 142 AN ADVENTURE IN CONSTRUCTIVE FINANCE M r. Bryan, who grew by degrees into the harmless habit o f issuing companion-pieces to the public proclamations of the President, also gave out a statement to the press which, besides being pertinent, very likely helped to confirm several of his zealous disciples on the Senate side of the Capitol in their purpose to support the currency bill. Among other things of point he said: “ I am glad to endorse earnestly and unreservedly the currency bill as a much better measure than I supposed it possible to secure at this time. I had doubted the wisdom of at tempting currency legislation at this session for fear the difficulties in the w ay would prevent agreement. Conflicting opinions have been rec onciled with a success hardly to have been expected. “ The great point of advantage to the banks— an advantage that ought to make them willing to accept the bill without question is that it furnishes a currency which they can secure in time of need without having to put up bonds as security. The bond requirement largely neu tralizes the advantage of the money issued on them as security, because the banks cannot draw back more from the government than they have already invested in the bonds. But under this A MEMORABLE CURRENCY CAUCUS 143 bill where a bank can put up its good assets it is able at all times, without sacrifice, to secure any additional circulation that the community may need; and the governing board can be trusted to issue its treasury notes to the regional reserve banks on terms that will be fair and just. “ The business interests will, I think, welcome this bill as an unalloyed blessing. It gives them, through their banks, a promise of relief in any time of stringency, and it gives this promise without putting in the hands of the banks a power that might be used against the public.,, Champ Clark had no great familiarity with the details of the currency measure, nor had he any special knowledge of banking technique; but he took the intensest interest in the polemics of the occasion, not only in the caucus, but in the House also. He seemed as an old war horse sniffing the battle and enjoying every moment of it. And there was a battle to enjoy! Always excitement was at a high pitch and frequently the hall re sounded with cheers. Once or twice the en thusiasm became a riot, men standing in their chairs and tossing hats to the skylights. When the fight had ended, the Speaker of the House was good enough personally to congratulate the chairman of the Banking* Committee on his Management of the bill; and, three days later, 144 AN a d v e n t u r e in c o n s t r u c t i v e f i n a n c e M r. Clark showed he had not yet recovered his equilibrium b y sending to the committee room a written note of praise so extravagant in its terms that to include it in the text of this chronicle might be construed as an attempt to outrank Professor Seymour’s “ unseen guardian angel. This would never do; for while Colonel House, when the fate of the measure was at stake, ap peared nowhere in evidence as a substantive factor in the struggle, there can be no doubt of D r. Seymour’s ability to place him exactly where an invisible spirit properly belonged m such a tumult. “ Historicity,” given a chance, is equal to any task. And, since Colonel House confesses that three banker friends on another occasion acclaimed him their financial “ Moses, what is to hinder D r. Seymour from transfigur ing him into another Old Testament hero and have him pose as “ Elisha at the Caucus, with his mystic troops of horse and chariots of flaming fire hidden in the clouds, eager to subdue the hosts of the wicked ? A tremendous furore was raised in certain quarters about an alteration in the redemption feature of the bill, the purpose being to have it appear that M r. Bryan had suggested the change as a “ blow at the gold standard.” It was rank nonsense. M r. Bryan had no knowledge of the alteration; and when it was pointed out that the A MEMORABLE CURRENCY CAUCUS I45 language as readjusted was a literal repetition of the text of the National Bank Act and o f the famous Aldrich bill, which the bankers had ap proved without a word of questioning, the critics should have felt ashamed of their false alarm. But they were not. T hey imagined they could tally enough antagonism around this perfectly spurious objection to be effective against the bill itself. Newspaper criticism became vicious, and concerted protests by suspicious bankers poured In. The Secretary of the Treasury sent them to me, and all of the bunch were answered in a single brief statement to a banker at New A l bany, Indiana, which was given to the press. It read: “ Your letter to Secretary McAdoo has been referred to me with the request that I make answer to your inquiry concerning the gold redemption feature of H. R. 7837. There is no mystery whatsoever connected with the matter and the response to your inquiry is quite simple. “ In the original draft of the bill it was pro vided that the redemption of notes at the treasury Department at Washington should be in gold,’ while redemption at the counters of the banks might be in ‘ gold or lawful money/ When the matter came up for consideration in the comrmttee, a member of the committee, bitterly 146 AN ADVENTURE IN CONSTRUCTIVE FINANCE prejudiced against the banks, made the point that we were exacting gold redemption from the government while permitting the banks to re deem in ‘ gold or lawful money.’ He, therefore, moved to strike out the words ‘ or lawful money, which was done. So that for a few days it ap peared that all redemption should be in gold. Subsequently, the same member of the com mittee, feeling that the action taken was inex pedient, moved to restore the words ‘ or lawful money/ which was done: and this is all there is to it, except that it may be added that members of the committee, having in mind the Act of March 14, 1900, considered ‘ gold’ and ‘ lawful money practically interchangeable terms and were not greatly concerned as to which of the two phraser should be employed. The itstoration of the words ‘ or lawful money’ as an alternative method of redeeming notes at the regional banks^ is no departure from the gold standard, and it is per fectly silly for anybody to contend otherwise. T hat M r. Bryan had not the remotest desire to revive the silver issue at this time was con clusively shown by his action with respect to another proposed amendment to the currenc\ bill. In the caucus, a member of the Banking Committee who was opposed to the measure thought, at the last moment, to rally the ship- A MEMORABLE CURRENCY CAUCUS H 7 wreckers by offering an amendment to sub stitute “ coin” for “ gold” as the final medium of redemption for the federal reserve notes. This would have taken us off the gold standard. The proposition was referred to the committee, which was called in the recess. Meanwhile, the chairman beat the proponent o f the amend ment to the ’phone and got M r. Bryan on the line. The meaning and evident purpose of the thing were quickly explained to him and readily comprehended, so when the proposer of the motion a few minutes later talked with Mr. Bryan, he got a cold reception. M r. Bryan made lt quite plain that “ doing something for silver” was not pertinent to consideration of a currency hill and the proposal was promptly sidetracked. -It is not to be believed that its proponent hoped to embody the suggestion in the bill. He had a good mind and knew better. But he also had a fevere and turbulent disposition; hence, it was mferred that the motion was a mere subt'erfuge to create trouble. When the caucus ended, the clerk o f the House cpmmittee was directed to summarize the alteratlpns made in the bill as reported. This he did Wlth this conclusion, borne out by an examinaIOn ° f the minutes of the caucus now before me as ^ write: “ Except by initiation of the Banking and Currency Committee itself, there has not 148 AN ADVENTURE IN CONSTRUCTIVE FINANCE been written in the bill, from one end to the other, a single sentence which has altered in the remotest degree the essential provisions of the measure as originally reported by the committee to the caucus. There were inserted in the bill exactly nine minor amendments not offered by the committee, affecting only the bill’s phrase ology; but all of them added together would not aggregate as many words as are contained in one half of any one of the fifty-one pages.” CH APTER IX SHARP FIG H T IN TH E HOUSE Powers of Federal Reserve Board Assailed—False Issue Raised Over the Gold Standard—B ill Passes House Overwhelmingly—Flood of Congratulations T HUS the measure, with the party caucus label, went back for formal consideration by the House Banking and Currency Committee, the Republican members o f which were now called in consultation for the first time. Various minor amendments were proposed by the minorrty members, several o f which were accepted. Mr. Hayes, of California, ranking Republican member, and a very fine man in every way, tendered a provision for a savings department f°r national banks and told the committee chair man that this amendment would, in his opinion, msure a unanimous committee report. He was much mistaken in this supposition; nevertheless, his provision was attached to the bill, only to be bitterly assailed by some o f his party associates m the House, and was stricken out in the Senate. As reported by the committee to the House of Representatives the currency measure was, in 149 I5 0 AN ADVENTURE IN CONSTRUCTIVE FINANCE advance of further discussion, assured enough votes to pass it. The party caucus had fixed that. Forty-eight Republicans voted for it not withstanding the savage attacks by their leaders. A great clatter was raised by these gentlemen about “ King Caucus” and about “ gag law ,” but this was effectively silenced by bringing in sharp contrast the action of the Republicans, the most arbitrary ever taken in Congress, in passing the Vreeland-Aldrich emergency currency bill. On that occasion, by caucus action, the com mittee was discharged before the bill could be printed and put in its possession; and the bill, not yet dry from the printing press, did not reach the House until debate had proceeded for an hour. It was passed in five hours under a rule which prohibited the offering o f a single amendment. Not ten members actually knew what it contained. The federal reserve measure, on the other hand, had been considered for months in committee, discussed ten days in party caucus, debated in general for five days in the House itself, amendments without number offered to its provisions, and the freest contro versy allowed to persist in the House for three weeks. Aside from inevitable partizan antagonism, frequently devoid of knowledge and reason, the main objections to the bill, urged with vehe- SHARP FIGHT IN THE HOUSE 15 1 mence,were as to the powers of the central board, the compulsion of national bank membership, and the transfer of bank reserves from the money centres to the proposed regional banks. Great stress was laid on the “ confiscatory” nature of the provision which authorized or compelled one federal reserve bank to rediscount the dis counted paper of another federal reserve bank. And yet it was this very operation in the post-war period that transferred $250,000,000 from stronger to weaker regions and saved at least one federal reserve bank from being wrecked. Moreover, it cured at the time many bad situa tions in credit extensions and averted a vast number of commercial crashes. The critics of the bill got nowhere with their attacks on the powers of the central board. A t one stage o f the discussion, considerable confusion ensued on the D em ocratic side ow ing to a m isin terp retation o f the rediscount privileges o f the bill. T h e argum ent revo lved around the definition o f “ in vestm en t b ills” in section 13 and the e lig ib ility for rediscount o f w arehouse certificates for stored agricu ltu ral products. T h e com plication caused a disturbance w hich, behind the cu rtain , lasted several d ays, the chairm an o f the com m ittee insisting there w as no discrim ination again st farm products, while some o f his colleagues urged to the co n trary. 152 AN ADVENTURE IN CONSTRUCTIVE FINANCE The difference of view would have assumed no threatening aspect but for the fact that there was a group always eager to seize on any excuse to create trouble; and while members like Asbury Lever and Byrnes of South Carolina, Pat Harri son o f Mississippi, and Oscar Underwood were deadly in earnest in presenting this objection, there were others not above playing their accus tomed game o f evil politics. The language of the section was altered so as to clarify its original meaning, which was to favour, rather than dis criminate against, farm products. So anxious to be identified with this apparent “ concession to agriculture” were some of the demagogues who were routed in the caucus that they authorized M r. Underwood, the Democratic floor leader, to say to the chairman of the Banking Committee that, if the latter would permit their group leader to offer the changed provision on the floor, they would abandon further attempts to amend the bill and catch the party step. Having whipped them in caucus and rendered their op position futile, their proposal was flatly rejected and the change was made as a committee amend ment to the bill. This rebuke did not prevent these same demagogues from going back to their districts and claiming credit for a conces sion due to the reasonable insistence of sane and loyal members of the type indicated. SHARP FIGHT IN THE HOUSE 1 53 Toward the close of the discussion in the House, there was another feverish outbreak about an imaginary “ assault on the gold stand ard /’ which for a time delayed the passage of the bill. A group of Republican members, profess ing a desire to consider the measure in a nonpartizan spirit, yet hesitating to go against their party leaders, projected the criticism against the bill that it rescinded the act of March 14, 1900, “ fixing the standard and providing for the parity of all forms of money.” This objection, they seemed to think, would supply a tangible excuse to vote against this “ caucus-made measure.” Challenged over and over again to point out the provision of the bill which could be so construed, they talked a lot o f fudge about the “ lawful money” redemption feature, as if lawful money were not synonymous with gold under existing law. It was so entirely clear that there was not a thing in the bill that adversely affected the gold standard, that the managers of the measure were n°t a little perplexed to know the covert meaning ° f this tail-end clatter. We were forced to believe that it was invented as an excuse to vote against the bill; and, so suspecting, all but one member of the Banking Committee urged the chairman to accept an amendment offered by Mt- Fess (Rep.), of Ohio, explicitly declaring that nothing in the bill should be construed to 154 an a d v en tu re in c o n s t r u c t iv e f in a n c e repeal the act o f M arch , 1900, p rovid in g a gold p a rity for all form s o f m oney. T h e D em o cratic caucus had not acted on this specific proposition, so a group on the D em o cratic side, not y e t recovered from the free silver delirium , felt at lib e rty to m ake a counter dem o n stration again st the F ess am endm ent, ih e ir outspoken o b jection w as calcu lated to app eal to the sp irit o f p a rty . T h e y pronounced the pro posal “ a useless R ep u b lican rider on a D em o cratic cu rren cy m easu re.” I t w as certain ly useless, and it h ad R ep u b lican o rig in ; bu t the question w as how it m igh t m ost ta c tfu lly be dis posed o f T h e P resid en t, co n stan tly in con tact w ith the situ ation , and M r . B r y a n , know n to be averse to a re v iv a l o f th e “ free silver issue, urged th a t w e cu t th is excuse from under the F e ss group b y agreein g to his m otion ; so, h avin g d raw n from M r. F e ss a pledge to vo te fo r the bill should his am endm ent be accep ted , and also h a v in g slig h tly altered the te x t, it w as so ordered. A t the last m om ent, a separate vo te on t e am endm ent w as dem anded, w hich resu lted in its overw helm in g adoption. T h e cu rren cy bill w as then passed in the H ouse b y 287 fo r to 85 again st, a clear m a jo rity o f 202 fo r the m easure. But 3 D em o crats vo te d again st the b ill, w hile 4 R ep u b lican s v o te d for it and 82 again st it. SHARP FIGHT IN THE HOUSE 15 5 This overwhelming victory for the bill in the House, after a hard and grinding fight, was heart ening to the friends of currency reform through out the country. Certain proof of this was af forded in the flood of telegrams and letters received by the chairman of the Banking and Currency Committee. Their number was great enough to fill a score of pages in this chronicle; but it is, perhaps, inadvisable to present here more than two or three, which have a peculiar significance. First of this kind was a letter from the Secretary of the Treasury, whose in timate association with the work in all its stages gave a tone of authority to what he was gracious enough to write, a facsimile copy of which ap pears on the page following. Among the public men in Washington, not one had a riper experience or better discernment of hanking and currency questions than the late Senator John W. Weeks of Massachusetts, afterward Secretary of War in the Cabinets of Presidents Harding and Coolidge. He was for some years my colleague on the House Committee on Banking and Currency and also was a member of the National M onetary Commission which reported the Aldrich bill. He was one ° f three Republican Senators who voted for THE S E C R E T A R Y OF THE T R E A S U R Y W A SH IN G T O N September 20, 1913, M y dear Glass:1 want to congratulate you sincerely upon your really great achievement in the passage by the House of Representatives of the Olass Bill to reform the currency system of the country. It is a measure upon which you have done so much tedious, intelligent, and effective work that I can well understand your gratification now that the worst of your labors is over. Y o u are, more than any other single man, entitled to the credit for this real victory in the cause of the people of this country, and your name will always be linked with the first constructive financial measure passed by Congress since the enactment of the Rational Banking Act. You have led the fight with singular ability and with a high order of statesmanship. I am only too glad to have the opportunity of paying this Just tribute and of telling you, as well, of the great pleasure and satisfaction it has given me to be your earnest, although not always sffeetive, colaborer and coadjutor in this needed measure of vital reform. Always, with warm regards, I am, Hon. Carter Glass, Lynchburg, Va. SHARP FIGHT IN THE HOUSE the federal reserve bill. man follows: 157 His letter to the chair September 29, 19 13 . H on. C a r t e r G la ss , House of Representatives, Washington, D. C. M y d ear G l a s s : I have failed in m y duty and pleasure in not more promptly congratulating you on your suc cess in passing the currency bill, an Herculean task which must have tried your capacity, nerves, and patience to the limit. And while there is very much in the bill with which I am in entire approval, from some parts of it I dissent; but that need make no difference in my apprecia tion of the value and importance of your service. Sincerely yours, J ohn W. W e e k s . In a note to the Secretary of the Treasury early in June, I incidentally described Festus J . Wade, of the Mercantile Trust Company, St. Louis, as “ the fiercest, but frankest of the ad verse banking group.” He was a belligerent without guile; and, as a member of the Currency Commission of the American Bankers’ Association, he was in constant contact with currency I 58 AN ADVENTURE IN CONSTRUCTIVE FINANCE legislation. When the federal reserve bill passed the House, this message came from Wade: St. Louis, September 23, 1913. H on . C a r t e r G la ss , Washington, D. C. H earty congratulations on passing your bill, even though I do not approve all its provisions. I want to thank you cordially for your devotion to the cause of banking and currency reform. One becomes a better citizen by coming in con tact with men entrusted with regulating the af fairs o f the nation and there finding such untiring energy, unfaltering integrity and indomitable spirit. F estus J . W a d e . Of course, the committee expert, Dr. Willis, who for months had been the chairman’s right hand, was quick to send felicitations from New Y ork, saying: “ At the first opportunity, I con gratulate you on the brilliant success in passing the banking bill. The w ay in which it went through makes action by the Senate almost un avoidable.” As already indicated, the opinions and advice of various trained economists had been sought SHARP FIGHT IN THE HOUSE 1 59 at the very inception of our work. Few, if another one, of these exhibited a more sustained interest in currency legislation than Professor J . Laurence Laughlin, of the University of Chicago. He was associated, as I recall, with the persistent activities of the National Citizens' League, which appeared to be earnest, if not always wise. Dr. Laughlin himself greatly desired to be helpful. He seemed genuinely pleased when we had “ weathered the stormiest period,” and sent this cheering message from East Jaffrey, New Hampshire: “ I have been watching the course of events very closely, as they indicate the final success of the currency bill. I wish to congratulate you on the skill, courage, and political judgment you have shown in handling the committee and cau cus. When one considers the bigness, intricacy, and insanity connected with an important cur rency measure, your achievement becomes one of the epoch-making events of our monetary hist°ry. I think the country will force the Senate t0 act now, without postponement, after you have done so admirably in the House.” The well-nigh universal interest in currency reform found expression in scores of messages from prominent bankers, business men, and col l6o AN ADVENTURE IN CONSTRUCTIVE FINANCE lege professors, publication of which now, after thirteen years have intervened, could only revive my personal sense of gratitude, without impart ing interest to this narrative. The few felicita tions presented are given solely because of their special significance. As has been several times said, no chairman of a congressional committee was ever happier in his associates than the present writer had cause to be with the greater number of the members of the House Banking and Currency Committee of the Sixty-third Congress. The staunchness of so many accentuated the surliness of one or two. Besides having spirit and capacity, the com mittee members were steadfast in their friend ship. T hey were of immense help in the cur rency fight, especially after the bill got in the caucus and on the floor of the House, and even after it went to conference. It would be but a repetition to say that the vital leadership re mained always with the President and was of an inspiring description. There was, however, an other factor in the struggle, and it would be an offense against the whole truth to omit the state ment that Mr. Bryan, with every opportunity to do infinite mischief by yielding to insistent ap peals to revive certain rejected theories of fi nance, stood loyally with President Wilson and, in at least one exigent period, was of incalculable SHARP FIGHT IN THE HOUSE l6 l help. It was in full recognition of this that the chairman o f the committee sent him this note after the passage of the bill by the House: Washington, D. C., Septem ber 25, 1 9 1 3 . r . B ryan: Looking back over the remarkable campaign for currency reform just ended in the House, one thing stands out, conspicuous in the retrospect, and that is that we are immensely indebted to you for effective aid in critical periods of the contest in committee and in caucus. I desire to thank you for your great assistance to me and to the cause, and also to express my personal grati fication at the manner in which you have dis appointed your enemies and pleased your friends by standing firmly with the President for sound legislation in behalf of the American people. The country and your party are greatly obliged to you for the skill and discernment with which you have helped along the fight, and I am par ticularly grateful. Sincerely yours, C a r t e r G l a ss . H on. W m . J . B rya n , Secretary of State, Washington, D. C. M y d ear M t CH APTER X TH E STRUGGLE B E F O R E TH E COUNTRY Desperate Fight to Postpone Action— Concerted Attack by Bankers— The Vanderlip Central Bank Scheme—A Notable Debate P A SS A G E of the currency bill by such an impressive m ajority in the House, with a surprisingly large contingent of Republicans joining with their Democratic associates in the effort to set up a safeguard against future financial disturbances, did not avert a further hostile demonstration. It seemed to whet the appetite of certain groups for a drive against the regional bank system and in favour of a more consolidated scheme, readily controlled by a few great interests. It had never once oc curred to the more powerful banking elements that they could be thwarted in their wellorganized effort to put through Congress their Aldrich plan for a central bank or some scheme o f a like nature. Halted now in their expecta tions, they still imagined they could defer action until their lines could be reformed. Soon after serious consideration of the bill was begun, 162 THE STRUGGLE BEFORE THE COUNTRY 163 President Philip Stockton, of the Old Colony Trust Company of Boston, had said to the New York Tim es that he “ had it on good authority that the Senate will not take up the currency bill at this session” ; and now it was announced in the Washington dispatches of this and other newspapers that “ definite information was ob tained to-day that a resolution has been pre pared by a member of the Senate Banking Com mittee to defer Senate action on the currency bill till December.” The assault on the House bill was projected from two angles, one involving strategy and the other bombardment. The strategy of the case was to postpone action by adjourning Congress. Both importunate and threatening representations were made to the President. The Senate, he was told, was in no mood to deal effectively with so complex a prob lem; the extra session had already been pro longed beyond reason, and Senators were thor oughly worn out. An adjournment would offer a little respite from the intolerable ordeal of a continuous session and enable the Senate to re turn in the early winter vastly better prepared to wrestle with the question. M any Senators, entirely sincere in their desire for currency re form, urged these considerations at the Executive offices, and not a few were exasperated by the obduracy” of M r. Wilson in refusing to accept AN ADVENTURE IN CONSTRUCTIVE FINANCE this view. The President was not even fright ened by the threat of several Democratic Sena tors to join the Republican opposition and favour a central bank bill, but kept the Senate plugging away until two days before Christmas. A t the same time the American Bankers’ As sociation, through its executive agencies, started a fusillade against various vital provisions of the administration bill. At one point of the compass an eminent banker would reveal “ its alarming inflationary features” and, at the same moment, in another financial centre, the business community would be warned that the shift of reserve funds would “ precipitate a disastrous constriction of commercial credits amounting to $1,800,000,000!” It made no difference to these adversaries that both things could not happen at the same time. T hey kept repeating their nonsense. The old “ compulsion” argu ment and the “ confiscation” talk were accen tuated and the “ political control” bugbear was worked overtime. The great banks were mor tally afraid to be bereft of country bank “ call money” and country banks resented the idea of having their established relations with big banks molested by legislation. T hey were frankly afraid of the big banks. The whole line of ad verse discussion seemed sordid. The future security o f the country appeared to engage the THE STRUGGLE BEFORE THE COUNTRY 165 thought of few of those who were concerting these organized attacks on the currency measure. There were, of course, notable exceptions among the better informed bankers who were students of credits and deplored our archaic banking methods; but even these opposed decentraliza tion and favoured a central bank of banks. A favourite point against the House bill for awhile was the assertion that no hearings were had and that bankers had no opportunity to present their views. This talk persisted even as Senate hearings were proceeding, until both the falsity and absurdity of it were exposed by presenting a contrast between the wide nature of the testimony, oral and written, taken by the House committee as a basis for the bill with the contracted nature o f the Senate hearings. The House hearings had covered a great range, em bracing the views of every national group, whether bankers, merchants, manufacturers, credit men, farmers, labourers, currency experts, or college professors— a volume the extent and variety of which were beyond human assimila tion. The Senate hearings* voluminous enough, were confined largely to the very bankers who had urged the identical objections before the House committee which they repeated on the Senate side. For weeks they hammered over °ld brass. The fight outside o f Washington was 166 AN ADVENTURE IN CONSTRUCTIVE FINANCE hotter and quite as persistent as at the Capitol. The aroused money power unmasked every avail able battery. Not only did the American Bank ers’ Association at Boston condemn the currency bill, but it prevailed with the United States Chamber of Commerce and hundreds of its sub sidiaries to do likewise. It also had the ardent aid of most of the metropolitan press and the larger clearing-house associations. The culminating attack was when the Big Bertha of the Eastern banking community was pointed at the White House. T hat is to say, Frank A. Vanderlip, of the National C ity Bank o f New Y ork, rushed to Washington with a carefully prepared central bank plan which contained all the “ compulsion” and the “ con fiscation” and “ political control” that he and others had charged against the federal reserve bill, and a good deal more besides. It was in contradiction of everything M r. Vanderlip had ever said on the subject and in direct contra vention of everything the central bank advocates had urged against “ putting the government in the banking business.” M r. Vanderlip vainly sought access to the President. M r. Wilson de clined to accord him a personal interview. The President remembered the other attempt, back in June, to sidetrack the federal reserve bill for a strange device; and was resolutely set against THE STRUGGLE BEFORE THE COUNTRY 167 any more red-herring schemes to ditch the pend ing measure. Mr. Vanderlip was not easily discouraged. He was not built that way. He promptly pre sented his central bank scheme to the Senate Banking and Currency Committee and enlisted in its behalf some very powerful and distin guished Senators. For days the newspapers featured the thing as quite certain to supersede the House currency bill. This and that and another Democratic Senator, it was insisted, had deserted the administration and embraced the Vanderlip bill. The President himself was represented to be slipping. This sort o f gossip got to be exasperating; and finally M r. Wilson Put an end to it, as far as the White House was concerned, by issuing this statement: The President has warmly endorsed all the main features of the Glass-Owen bill. He re gards the plan provided for in that bill as excel lently suited to the existing conditions of the business of the country and in every essential Particular sound and calculated to render the business men o f the country a great and im mediate service. He believes the early enact ment of the bill into law is expected and demanded by the most thoughtful business in terests. The evidences which have reached 168 AN ADVENTURE IN CONSTRUCTIVE FINANCE him of the support o f the country are unmistak able and overwhelming.” This clarified things a great deal at Washing ton. But M r. Vanderlip and the bankers ap pealed to the country. Propaganda was becom ing savage. E very resource of persuasion and every expedient of coercion that could safely be employed were set in motion for the central bank scheme. A t the personal request of the President the chairman of the House committee accepted invitations to defend the House bill at various large centres, notably before the Chicago Association of Commerce and the Economic Club of New Y ork City. The latter engagement in volved a joint discussion with M r. Vanderlip. The stage was set for the occasion. It was to be a “ Roman holiday” for the central bank pro ponents. The ballroom of the Hotel Astor was decorated as never before. The boxes of the mezzanine were gay with fashion and beauty. Below were seated eleven hundred bankers and business men in evening dress. Sol W exler, the brilliant New Orleans banker, was scheduled to share honours with M r. Vanderlip in demolishing the federal reserve bill and in acclaiming the central bank project. M r. Wexler could not get there and Professor Joseph French Johnson spoke in his stead. Owen, of the Senate Banking Com- THE STRUGGLE BEFORE THE COUNTRY 169 mittee, and the country-editor chairman o f the House committee were listed for the sacrificial offering. Vanderlip was given a royal reception and made a remarkable speech, in which he did not fail to express resentment at the refusal of the President to discuss the currency issue with him. Repeatedly the air was white with waving napkins as the welkin rang with applause. As the great banker concluded his impressive ad dress, floor and galleries witnessed a scene o f un imaginable enthusiasm. Having said this much, it better comports with good taste, perhaps, to let impartial ob servers say the rest. A t one of the guest tables was Dr. Abbott, of the Outlook , in which periodi cal appeared this brief account of the debate: "‘ Those who think that discussions o f the cur rency bill are always dry and technical should have been at the dinner o f the Economic Club of New Y ork C ity held at the Hotel Astor. It was the occasion of a remarkable debate upon the [Merits of the bill now before Congress— a debate ln which Professor Joseph French Johnson, of the chair of Political Economy o f New Y ork University, and M r. Frank A. Vanderlip, Presi dent of the National C ity Bank of New Y ork Uity, opposed the bill, while Senator Owen of Oklahoma and Representative Carter Glass of 170 AN ADVENTURE IN CONSTRUCTIVE FINANCE Virginia defended it. The appearance of Sena tor Owen and Representative Glass in this de bate was of special interest because they have been active in framing the currency bill, they stand sponsors for it, it bears their names, and is popularly known as the Glass-Owen bill. “ Aside from the value of this debate as a con tribution to public knowledge regarding the creation and construction and provisions of the bill, it was a notable illustration of the power of the orator to influence his audience by sheer force of character and intelligence. We suppose M r. Glass would be the last man to regard himself as an orator— indeed, he apologized for what he feared was the ineffectiveness of his address on the ground that as a journalist he was a better writer than speaker. But his apology was un necessary. He was the last speaker of the eve ning and began at a late hour; the financial senti ment of New Y ork C ity is opposed to the bill, and therefore his audience of twelve hundred bankers and leading men of affairs was an unsym pathetic one. Professor Johnson and M r. Vanderlip had preceded him and had spoken with authority and effectiveness— one with the authority of the scientific economist and the other with the authority of the accomplished financier. But before M r. Glass had finished he had his audience with him, eliciting laughter THE STRUGGLE BEFORE THE COUNTRY IJl for his incisive and w itty comments and loud applause for his clear reasoning and for his mani festly accurate knowledge, not only of the bill, but of the history and the operations of Ameri can finance. Twice when he essayed to stop he was greeted with loud cries of ‘ Go on’ from all parts of the room, and his speech, one hour long, was listened to with appreciative attention from beginning to end. “ Mr. Glass accomplished perhaps more than he himself realized in removing misconceptions, misunderstandings, and prejudices regarding the bill, which unfortunately have prevailed to too large an extent in the financial metropolis of the country. “ The entire country knows that the almost unanimous objection of the bankers to the bill has been based upon the feature of government control, so it was pointed out that the sole ques tion here was whether the people would fare better under government control than under exclusive banker control of the country’s reserve funds. The bankers protest that under the Glass bill the National Banks are ‘ compelled’ to come into the system b y law, whereas the Aldrich bill made their coming in a ‘ voluntary’ matter. M r. Glass demolished this objection hy pointing out, amid the laughter and ap proval of his hearers, that the Glass bill ‘compels 172 AN ADVENTURE IN CONSTRUCTIVE FINANCE the bankers to come in, while the Aldrich bill made it impossible for them to stay out/ and pertinently asked what practical difference a banker could find in the two provisions. “ M r. Vanderlip claimed that the Glass bill permits the government to issue ‘ fiat money.’ M r. Glass exposed the weakness of this objec tion by pointing out that 33.3 per cent, of gold and 100 per cent, o f carefully scrutinized assets, representing material commodities, will underlie every dollar of the new notes. “ The most singular fact which was brought out at this dinner was the absolute right-aboutface which the bankers of the country have made on the question of government control. Six months ago, having protested that the Glass bill provided too much government control, the bankers now protest, if M r. Vanderlip m ay be accepted as expressing the best sentiment of American bankers, that the bill does not insure sufficient government control and power! “ M r. Vanderlip, at the Economic Club dinner, presented the outlines o f a bill which he has rec ommended to Congress. It provides for the es tablishment of a United States Central Bank, with branches throughout the country, the stock to be allotted to the people by popular subscrip tion, the smallest subscribers receiving the first allotments, and the Governing Board to be THE STRUGGLE BEFORE THE COUNTRY I7 3 wholly appointed by the President, each gover nor serving for a term o f fourteen years. “ To understand what a radical change this means in the attitude of the bankers one has but to read the resolutions of the American Bankers’ Association, passed only a few weeks ago, de nouncing presidential appointments to the Fed eral Reserve Board as a dangerous injection of politics into American finance. “ Both Senator Owen and M r. Glass answered the argument for a single central bank by show ing that, while such a bank operates well in France or Germany— both o f which countries are so small in area compared with the United States that either o f them could be placed within the State of Texas— a country like the United States, measuring fifteen hundred miles north and south by three thousand miles east and west, cannot be properly served by a single bank, but needs six or eight or ten independent but af filiated banks under the supervision o f the government. This need the regional banks are created to supply. In other words, the Glass bill is modelled upon our federal political system. It establishes a group of independent but af filiated and sympathetic sovereignties, working °n their own responsibility in local affairs, but united in national affairs b y a superior body which is conducted from the national point of 174 an ad ven ture in c o n s t r u c t iv e f in a n c e view. The regional banks are the states and the Federal Reserve Board is the Congress.” Beyond all question, M r. Vanderlip made an exceedingly engaging address. It was deliber ately arranged for effect throughout the country, particularly to impress wavering United States Senators at Washington and to strengthen the conviction of those who had accepted his central bank plan. Momentarily, he captivated his audience; but the address could not stand critical analysis nor endure the ordeal of a pounding debate. N ot even his fine personality or his long and varied experience as a financier, with the inevitable partiality of his picked audience, could insure him against the fatal consequences of his amazing change of front, reflecting a de gree of inconsistency that easily might be mis taken for insincerity. How astounding to him it was to sit there and see the napkins which had wildly applauded his address now beating the air in approval of his adversaries! More signifi cant than the reaction of Dr. Abbott, as printed in the Outlook , was that of other guests at the dinner and members of the Economic Club. M r. Jam es Speyer, president of the club, wrote me next d ay: “ I am sure you will be pleased to know that many of the men who heard you last night thought you got the better of your op- THE STRUGGLE BEFORE THE COUNTRY 175 ponents of the currency bill. Your mastery of the subject and fairness of views impressed every body favourably, and I believe your "visit has done a vast deal of good.” In a like vein wrote A. Barton Hepburn, o f the Chase National Bank, and scores o f others who heard the debate. A particularly pleasing note came from Hon. Jam es T . M cCleary, formerly an outstanding Republican Member o f Congress from Minnesota, now an official o f the American Iron and Steel Institute, who thought “ the cur rency bill gained materially as a result o f the debate last night.” Decidedly the most surprislfig, as it was among the most gratifying, o f the expressions received was from Professor Joseph French Johnson, who was M r. Vanderlip’s as sociate in the discussion. He wrote: “ I want to et you know I enjoyed tremendously your elo quent and persuasive speech M onday night, r our bill is a masterpiece—that is assuming you are debarred from erecting a central bank. I f I Were convinced a central bank were not attainI suspect I should be found fighting on your Sl<Ie. I congratulate you on the excellent im pression you made on that New Y ork audience. you ever get tired o f the Southern climate, I auvise you to come to New Y ork, which would you stayed in Congress if you wanted I7 6 AN ADVENTURE IN CONSTRUCTIVE FINANCE The presentation of these three or four com ments on the Economic Club episode, conveying the tenor of many others, should not be taken to reflect too pronounced a feeling of personal satis faction in the outcome of the discussion. They are a part of a memorable event; and the fact that they have been held in strict privacy all these years should serve as an effective foil against any suspicion that they are reproduced here out o f an itch for publicity. The campaign against federal reserve legislation before the country is as pertinent to this chronicle as the fight in Congress. The Economic Club dinner was part o f it; and the incident is given to show that it was not the “ Roman holiday” it was ex pected to be. The two congressional chairmen were not completely crushed, nor did the address of M r. Vanderlip, clever as it was, have any ef fective repercussion at Washington among Sena tors or elsewhere. It m ay rationally be doubted if it strengthened opposition to the currency bill in New Y ork City. There were other discussions before business bodies and associations devoted to scientific problems. N otably among these was the de bate in New Y ork C ity before the Academy of Political Science in which the currency bill was upheld by Senator Owen and Representative Bulkley in addresses delivered and by the chair- THE STRUGGLE BEFORE THE COUNTRY 17 7 man of the House committee in a prepared address which was read to the audience be cause the chairman was too ill to appear in person. According to the newspapers o f the day, Bob Bulkley had on his fighting clothes and did not mince words. Clear-headed, selfconfident, with a complete understanding of his topic, he was exceptionally aggressive. Very likely he took warning from the “ heckling” to which the press said Senator Owen was subjected by the bankers; for. as one news report had it: “ Mr. Bulkley was not so restrained as Senator Owen in dealing with the opponents of the bill— especially when he answered objections of the American Bankers’ Association. He caused some stir when he charged that the report of the American Bankers’ Association currency com mission had been ‘ written in bad temper,’ and was ‘ not consistent with the dignity and fairness which such a body ought to possess.’ He added: “ ‘ Possibly the American Bankers’ Association does not care much about constitutional questions; but when they pass resolutions which charge that a bill publicly endorsed by the Presi dent of the United States and passed by the House of Representatives is an unconstitutional measure, seeking to confiscate their property, » t C* 17 8 AN ADVENTURE IN CONSTRUCTIVE FINANCE they ought to care whether what they say has any foundation or not.’ “ The keynote of M r. Bulkley’s address was a strong insistence upon government control of banking and currency. He said that the rail roads and the other public utilities and the beef packers were not allowed to do what they cared to with their property without hindrance, and that the bankers should be subject to similar legal restrictions. “ ‘ There must be government control,’ he said, ‘ and I ask you all, and even those of you who are in Wall Street, to recognize this.’ ” M r. Arthur Reynolds, of the Des Moines N a tional Bank, spoke strongly for a central bank, while M r. Hepburn, of the Chase National, who had seemed reconciled to the bill passed by the House, now made some sharp criticisms of its principal provisions. Evidently he wras inspired to do so by the eclat with which the Vanderlip central bank plan had been received by the banking community and by reports from Wash ington concerning the favourable reception of the scheme by certain United States Senators. However, this was three weeks before the Economic Club debacle and before President Wilson’s emphatic rejection of the Vanderlip proposal. M r. Hepburn, as a member of the THE STRUGGLE BEFORE THE COUNTRY 179 Currency Commission of the bankers, felt obliged by the ethics of the case to stand with his craft; but he was quick to perceive from the pro nounced attitude of the President and the out spoken resentment of House leaders that the central bank plan, whether that of Aldrich or of Vanderlip, was doomed, and he was wise enough to exert his utmost influence for an abatement of the bitterness with which prominent bank spokesmen were persistently assailing the re gional bank bill. For a time the fight was furious. Nothing in Jackson’s battle against the United States Bank charter exceeded the intensity of it. Personal asperities abounded. As directed against the President, these were a little guarded; but, ap plied to the patrons and managers of currency legislation, the criticisms were harsh and af flicting. Even so just a man as Jam es B. Forgan, of the First National Bank of Chicago, in a fom en t of unrestrained exasperation, according t0 press reports, raged at the House committee before a conference of bankers in Chicago, in sisting that bankers should be permitted to write the currency bill and ignorant politicians shunted aside. M r. Forgan was alleged to have repeated Part of a strictly personal conversation with the committee chairman, had in the privacy of the latter’s rooms. This provoked a bitter retort l 80 AN ADVENTURE IN CONSTRUCTIVE FINANCE from me; but the incident, cleared away, ce mented a relationship of mutual respect and trust which subsisted as long as M r. Forgan lived. It takes character to confess and right a wrong; and, as indicative o f the sturdy mould of M r. Forgan, it m ay not be inappropriate to this nar rative to append his letter: H on. C arter G lass, Washington, D. C. D ear M r . G la ss : I have to sincerely apologize for the w ay in which I referred to you in m y speech before the bankers’ Tonference here last Friday. The incident fully justified the rebuke you gave me in your reply through the press. I have nothing to offer in extenuation of my offense, except to assure you that it was wholly unpre meditated and occurred on the impulse of the moment during a somewhat heated discussion, with no other intention in m y mind except to indicate that you would be glad to have the as sistance of the bankers. As I cannot recall my exact words, I will not even question my having been correctly quoted. I will say, however, that the quotation separate from the context o f the speech creates an entirely wrong impression of my meaning. It was far from my deliberate intention to THE STRUGGLE BEFORE THE COUNTRY l8 l reflect on you in any way, and the words as quoted are very far from giving expression of my good opinion of your ability or of my estimate of the integrity and uprightness of your character as these have been formed on my personal im pressions through meeting you or through the high opinions o f you which I have heard ex pressed by others who know you better. I can only ask you to accept my humble aP°logy, to forgive me and forget the incident, which I trust will do you no lasting injury. V ery sincerely yours, J as . B. F organ. Instantly an acknowledgment o f this fine letter went forward from the committee chair man, saying: My dear M r . F organ: I beg to assure you it gave me much pain to make the comment I did on the press report of your speech before the bankers’ conference at Chicago. . . . Your m anly and gracious ktter extinguishes every particle of resentment that I m ay have entertained on account o f the mcident and increases m y regard for you. I shall dismiss the matter entirely and, always with best wishes, subscribe myself, Sincerely yours, C arter G lass . 1 82 AN ADVENTURE IN CONSTRUCTIVE FINANCE The public had no real conception of the acrimony that underlay the struggle for currency reform. Its outcroppings were not confined to the acerbities of congressional interchanges. Not a few were the biting episodes of which the foregoing is but a type, except that there were enmities incurred which were never cured. The fight for better banking methods and for an ef fective currency system was no holiday fray; it was actually a savage contest, in which en trenched power and privilege resisted at every point of attack. Nor was the fight won by the Seymour-House brand of sorcery. Invisible spirits had no part in it. The dinners that a few deluded bankers gave Colonel House or that the latter gave to this beguiled group wrote no line nor altered any provision of the measure around which the conflict centred. Neither Dr. Seymour’s “ guardian angel” nor any other supernatural thing directed or averted a single blow struck or countered in the desperate con tention.; Under the almost imperious leadership o f Woodrow Wilson, men of faith and will and purpose carried on the task, which was “ deeper than the agitation o f the troubled and frothy surface.” CH APTER X I A 'd i v e r t i n g party break “ Hammering Over Old Brass” —Purely Dilatory Tactics— Defection of Senate Democrats— Caucus Action Invoked —Reed Spoils Some Plumage W A SH IN G TO N the currency control versy before the Senate committee was becoming animated. The bankers who had been unsuccessful in their effort to impress the House committee with the desirability of establishing a central bank seemed to take courage. T hey swept down on the Capitol in troops and pro duced the same arguments to a more sympathetic audience on the Senate side. From day to day tbe press reports represented the central bank !dea as almost sure to prevail. All the Republi can members of the Senate committee were said t0 be ardently for it, which was probably true, aud three Democratic members were named as converts to the proposition; for a time this seemed true also. An element o f sectional antagonism was in troduced from the West by both bankers and al- A T 183 184 AN ADVENTURE IN CONSTRUCTIVE FINANCE leged experts, who resorted to the paltry artifice o f pretending to believe that the bill reflected only Eastern banking methods. Testimony on this line before the Senate committee was promptly dissected and its utter foolishness exposed through the medium of influential Western newspapers before it could get a lodgment. It was gravely urged before the Senate committee by a reputed “ currency expert” from Minnesota that the administration bill “ could not be uti lized in the Middle West for the reason that the banks in that section hold no paper maturing in ninety days; all their notes are made to cover a period of six months.” This expert had the childish notion that the “ execution” and the “ m aturity” of bank paper were synonymous terms; he had not sense enough to know that, whether bank paper is drawn for six months or twelve months or any longer period, it must at some time reach a m aturity of ninety days or less! Supporting this specious attempt to array the country banks of the West against the bill, Western bankers who should have known better raised the same issue; and next day were con fronted by a statement from the Comptroller of the Currency to the House chairman showing that the banks of two large Western cities alone had paper eligible for rediscount under the ad ministration bill amounting to $236,000,000 on the very day these bankers asserted the Western banks had none! It was this kind of misleading and worthless testimony that was delaying and desperately endeavouring to defeat the currency bill! And not the least exasperating feature of the performance was the fact that the very bankers who were urging this false premise upon the Senate committee were men who had, with out a grimace, swallowed the Aldrich bill with its twenty-eight-day limit as against a ninetyday paper limit in the bill they were now trying to kill! They were anxious to accept a bill under which their eligible paper was at zero, because it bore the name of Aldrich, and were trying to beat a measure under which their eligi ble paper ran into hundreds of millions because it didn’t bear the name o f Aldrich. Another significant bit of testimony was given before the Senate committee which developed something of a sensation, because the incident revealed a concerted and carefully organized plan to discredit and then defeat the adminis tration currency measure. There had been not a little comment on the fact that nearly all the adverse criticisms of the House measure before the Senate committee had emanated from bankers and professional men. So now, in the hearings, there appeared as a sharp critic of the adminis tration bill a great merchant of New Y ork City. j I 18 6 AN ADVENTURE IN CONSTRUCTIVE FINANCE Nothing he said could possibly have been ac cepted as convincing by anybody who should trouble himself to apply the test of reason to it. The real point of his appearance was that he could truthfully be presented to the committee and the country as “ a business man of great importance.” He seemed not to know much about the currency problem, but he ventured to dwell with emphasis on the alleged constriction of commercial credits which would surely follow the passage of the proposed federal reserve bank scheme. It would immensely curtail business activities; hence, he favoured setting up a cen tral banking association. His ideas were rather vague, but seemed to squint at something like the Aldrich plan. Obviously, he was nervous in giving his statement and was apparently glad when his ordeal ended. Next day, in New York, on being questioned directly about his statements before the committee by a person who had read in the papers what he was reported to have said, and asked to explain exactly how the contrac tion of credits predicted by him would occur, he frankly avowed that he knew nothing about the administration currency bill, saying he had been asked by certain influential friends in financial circles to help beat it and had been “ coached” as to what he should say. This remarkable admission in some w ay got in the newspapers A DIVERTING PARTY BREAK 18 7 and created quite a stir, although the hearings were not interrupted by the episode. A procedure that was certainly unusual, if not unprecedented, was the summoning as a witness before the Senate committee of the expert ad viser to the House committee to tell how the House bill was drafted. Current newspaper publications had it that the artful purpose of this was to demonstrate that the administration bill was drawn “ by a Wall Street scribbler, under strict Wall Street auspices.” No better response to such wretched nonsense was re quired than the stark fact that “ Wall Street” was a little less than savage in its hostility to the administration bill. Y et the very gentlemen who were alleged to have been captivated by Vanderlip’s “ Wall Street” scheme were rep resented to be simultaneously anxious to dis credit the administration measure by identifying it with exactly the same influences! Dr. Willis, the House expert, who resided in New Y ork City, was excessively sensitive over the incident. He regarded his relation to the House com mittee as confidential and properly resented the idea of being catechized about his work there. M y files disclose that he three times requested me to have him excused, which I declined to do. Senator Owen, chairman of the Senate commit tee, finally sent Dr. Willis word that he “ should 18 8 AN ADVENTURE IN CONSTRUCTIVE FINANCE feci at liberty either to accept or reject the in vitation to testify, as no one was compelled to be heard.” I promptly absolved the House committee expert from all confidential obliga tion and advised him to go before the Senate committee, which he did. The printed hearings disclose that, if any Sena tor really imagined that the House bill had the “ taint of Wall Street on it,” the attempt so to identify it did not get far; for Dr. Willis point edly told the Senate committee that all his work on the administration measure had been done by direction of the chairman of the House committee. As to this, the text of his statement appearing in the Senate hearings of October 24, 19 13 , was: “ M r . W il l is : The bill presented by the com mittee was prepared under the direction of the chairman, M r. Glass, and such work as I have done has been that of an adviser and investigator, cooperating at each stage and carrying out the directions that were conveyed to me by the chairman. Whatever authentic drafts there are of the different stages through which the bill passed, are in the possession, so far as I know, of M r. Glass. “ S enator H itchcock: Some of the members A DIVERTING PARTY BREAK of this committee want to get an idea of how this bill has developed. “ M r . Wil l is : The bill has been developed, as I have said, Senator, with the cooperation of the Committee on Banking and Currency, by a gradual process of study extending over about eighteen months; and as far as m y relation to it is concerned it has been, as I have said, that of an adviser and investigator. I have done what I could to advance the work, doing what ordinarily falls to one acting in that capacity, carrying out the instructions of the chairman at each stage of the process, consulting with him and doing what I was instructed to do.” Beyond this testimony, Dr. Willis temperately criticized some important features of the House bill from which he totally dissented. He had never wanted state bank membership of the federal reserve system, whereas I had insisted upon it; so the first tentative draft of the federal reserve bill presented a compromise provision by which state banks were given associate membership. In the next draft, this was changed to full stockholding membership. Dr. Willis thought, in view of this, that national bank privileges should be better hedged about in com petition with state banks, and so told the Senate 190 AN ADVENTURE IN CONSTRUCTIVE FINANCE committee. He also objected to the savings department for national banks in the House bill, which the Senate subsequently threw out. Likewise, he unsparingly opposed making the notes “ obligations of the government,” which was an economically sound objection; but this feature of the House bill wras not altered because the issue had been thoroughly thrashed out with the President, who had assented to it. The committee expert offered certain other criticisms of a minor nature, which were regarded in some instances and in others disregarded. Knowing the problem from A to Z, he experienced not the least embarrassment under the fire of questions; but, as any intelligent person may discover by reading the hearings, the witness vindicated completely his right to speak by authority on the question -of banking and currency reform. He made a valuable contribution to the Senate committee’s store of knowledge and punctured the ghost story about the “ Wall Street” origin of the administration currency bill. After dreary repetitions by sixty-eight bankers and eight alleged experts, many of whom had been heard on the House side, the Senate hear ings were terminated and committee considera tion of the bill begun. There was not that unanimity which characterized the proceedings o f the House committee. One reason of this A DIVERTING PARTY BREAK I9I was that the Senate committee affected a nonpartizan attitude that did not in fact exist. In short, while the Democratic members divided on nearly every important question, the Re publicans did not. This almost insuperable difficulty was averted on the House side by hav ing the Democrats adjust their differing views before calling the Republicans into consultation, precisely as Mr. Aldrich, five years before, had excluded the Democrats from conference until the Republicans had agreed on the VreelandAldrich currency bill. D ay after day, press reports recorded that one or another change in the bill had been made in committee by two or three Democratic Sena tors uniting with the solid Republican vote. One day, two Democratic Senators joined five Republicans and, by 7 to 5, changed the struc ture of the bill radically by transforming the Federal Reserve Board into a central bank at Washington with $300,000,000 of the total re serve funds apportioned to it for central banking purposes. The regional reserve banks were to be mere branches of the parent institution. Chairman Owen, of the Senate committee, was reported to be “ greatly agitated over the trend of events, and vigorously protesting.” He re garded this change as “ providing the very essence of a central bank.” Another day the same bi- 192 AN ADVENTURE IN CONSTRUCTIVE FINANCE partizan combination, b y the same vote, re duced the number of regional banks to 4; and then, as if fearful of the folly of this action, by a vote of 10 to 2 authorized the central board, in its discretion, to increase the number to 12. The morning papers announced with seeming authority that “ the President last night avowed irrevocable disapproval of this action.” Still another day witnessed a combination of three Democrats with the solid Republican strength o f the committee for a central bank with 47 branches. And so the show proceeded, much to the enjoyment of those who wished for no legisla tion at all unless it involved the establishment of a central bank. Meanwhile, not a little irrita tion was created among staunch friends of real currency reform, as they noted the fact that the bipartizan theory seemed to have caught the fancy of three central bank Democrats, but not that of a single Republican of the Senate committee. The Republicans voted pretty much the same w ay on nearly every division. This invited bitter condemnation from several of the few great Democratic newspapers, notably the New Y ork World, which said: “ These men are enabling the opposition to play party politics with the currency bill. They are themselves playing personal politics with it. A DIVERTING PARTY BREAK I93 Pledged with their party against a central bank, they are holding up this bill to gain the essence of a central bank, which would spell betrayal of their party and menace to the financial stability of the country. But for the obstruc tion of these men the bill, with desirable amend ments, could long since have been reported to the Senate.” This comment reflected what speedily became the pronounced and bitterly expressed feeling among well-wishers of currency reform regard less of party connections. Nevertheless, Wash ington dispatches and the local papers fairly bristled with stories of dissension. “ Money Split W ider,” featured one paper. “ Senators Determined to Ignore Wilson’s Wishes,” was another headline. “ Central Bank Idea Pre dominant,” said another. “ Alarmed at Popu larity of Vanderlip Plan,” was the w ay a hostile New Y ork paper put it. The President was get ting mad through and through. So were many of his party associates in the Senate and in the House also, the latter having been held nominally in session while the Senate committee delib erated. House leaders issued public statements serving notice on the central bank adherents that they need expect not one whit o f cooperation on that side for the Vanderlip flare-up or any AN ADVENTURE IN CONSTRUCTIVE FINANCE kindred scheme. The chairman of the House committee made public a letter written him months before by M r. Vanderlip in which the latter had bitterly assailed the very things he was now professing to advocate; and demanded to know “ if these things constituted ‘ unsound banking’ in Ju ly , why do they not signify ‘ un sound banking’ in November?” The White House more directly accepted the Vanderlip challenge b y saying it was “ now a question as to whether a controlling group of bankers or this ad ministration shall write a currency bill.” Events passed in swift review. In a few days, it was announced in dispatches from Washington that the Eastern Senator who had cooperated with the bi-partizan group o f the Senate com mittee had definitely broken from the combina tion; and a day later it was recorded by the newspapers that another of the three Democrats had visited the White House with Secretary McAdoo and come aw ay convinced that the only w ay to get legislative action was to abandon all thought o f a central bank, whether of the Vanderlip type or some other, and join in a con certed party effort for a regional reserve bank system. The remaining Democratic “ insurgent” was never convinced or subdued; he continued to “ insurge.” But even with this repair of the party traces, the chairman of the Senate com- | A DIVERTING PARTY BREAK I95 mittee was not able to report the bill as agreed on; he reported it without recommendation to the Senate. This resulted in further delay and prolonged confusion, until the President could be won over to a party caucus proposal. On this point M r. Wilson would not readily yield. At first he was disposed to assert vigorously his established aversion to “ rule b y caucus” and to put responsibility for failure o f currency re form on those who appeared to be conspiring against it. Had he persisted there might have been no reform of the currency for years; and the war which burst eight months later would have caught the country unprepared for the frightful financial strain. “ Right of w ay” is of no value to the autoist who gets killed asserting it; so the practical politicians finally convinced the President that there must be a caucus or an abandonment of all hope for legislation. He agreed to the caucus, which was euphoniously termed “ a conference,” and did the cleverest kind of work among the Senators in healing differences and imparting a new and militant spirit to the whole movement. Ju st a brief space before this, for a bare instant, we get for the first and only time in this long eruptive period a glimpse of Colonel House as he flashes himself on the screen of that remarkable D iary of things imagined. Professor Seymour’s I96 AN ADVENTURE IN CONSTRUCTIVE FINANCE “ unseen guardian angel” of the federal reserve bill, radiating peace on earth, plumed himself on trying to cure the contumacy of Senator Jim R eed ! But his mesmeric wires were quickly grounded. A fair inference from the D iary it self is that the celestial pacificator got his wing feathers plucked before he could catch his second breath. President Wilson, of the earth earthy, had better success. In two frank talks he seemed to have won over the refractory M is sourian, who thereafter went along with his party associates and was among those who made ef fective answer to Senator Root’s alarmist speech about “ fiat money” and “ the inflationary fa cilities” o f the administration currency measure. CH A PTER X II VARIOUS EXTRAORDINARY OCCURRENCES The Senate Discussion— Mr. Root’s Sensational Speech— “ Straining at Gnats and Swallowing Camels” —An Extraordinary Paradox—Relentless Consolidationists H E Senate had on its calendar two currency bills, one reported by Senator Owen, chair man of the Banking and Currency Committee, without recommendation; and one reported by Senator Hitchcock, of Nebraska, representing another wing of the committee composed of himself and all the Republican members. A more or less extended discussion ensued, directed to the general question of currency reform and touching the major provisions of the contending measures on the Senate calendar. The socalled Hitchcock bill, supported by the Republi can side, reflected the incongruous consolidationist and government operation view. The bill of the Owen section of the committee, being the House bill greatly modified, embodied the other view o f decentralized bank reserves, with a cen tralized supervisory control. M any o f the 197 198 AN ADVENTURE IN CONSTRUCTIVE FINANCE speeches delivered were carefully prepared, with no expectation o f affecting the question before the Senate, but strictly for home consumption. N ot a few were exceedingly elaborate essays, embellished by dry-as-dust statistical tables cal culated to impress the constituent who habitu ally gets his notions of greatness from the size of a speech rather than from its logical value. On the other hand, some o f the debate was spirited and forceful, while net a little of the dis cussion wras given a purely partizan tinge. The memorable part o f it was Senator Root’s threehour address and the answers to it by Senators Owen, Reed, and Williams. The New Y ork Senator, invariably relied on to register the point o f view peculiar to predominant financial circles, was characteristically didactic; so much so, indeed, that John Sharpe Williams’s forensic satire was given full sweep in the running encoun ter. M r. Root’s vehement antagonism to the administration currency measure grew out of its alleged “ inflationary” facilities and the “ fiat” nature o f the notes authorized to be issued. His spectacular attack was sweeping in its range; but the astute lawyer directed an excess o f invective at the “ government note” provision of the bill as the embodiment of all concentrated wicked ness. This note was the citadel o f “ inflation.” VARIOUS EXTRAORDINARY OCCURRENCES I9 9 Of course, the federal reserve note authorized was not, in substance, a “ government” note nor a legal tender; but a bank note with a uselesslyimposed government obligation that would not be reached in ten thousand years. However, the theme was temptingly susceptible to political exploitation. M r. Bryan, then in the Cabinet, with his long string o f financial vagaries, could be identified with this purely textual blemish; and how easy it was again to excite the East with “ sound money” for a tocsin! Mr. Root’s speech bristled with the phrase. “ This bill,” he cried, “ proposes to put in pawn the credit of the United States. This is financial heresy, twice repudiated by the American people.” Again and again he predicted certain calamity. We were setting our steps “ in the pathway that brought the mighty power of Rome to its fall.” And “ long before we wake up from our dreams of prosperity through an inflated currency,” our suPply of gold, which alone could keep us from catastrophe, would have vanished, “ and no rate of interest will tempt it” to return. The country was assured b y the newspaper accounts of M r. R oot’ s speech that “ his incisive presentation o f his objections to the adminis tration currency bill and his predictions of dis aster to ensue from its adoption produced some thing very much akin to a sensation in the 200 AN ADVENTURE IN CONSTRUCTIVE FINANCE Senate.” M r. Gallinger, dean of the Senate and Republican floor leader, issued to the press a formal endorsement of the “ remarkable ad dress, brilliant, interesting, unanswerable,” and added: “ Unless the Republican party nominates Senator Root as its candidate for the Presidency of the United States, it will miss the greatest op portunity that has ever presented itself to that party.” The sensation was not of a lasting description. The denouement was o f a vastly different kind from that expected. Mr. Root was not nomi nated for the Presidency, nor did the Senate do one earthly thing to avert the possibilities of inflation imputed to the administration bill beyond a slight increase in the gold reserve, with a graduated deficiency tax, never applied since the system was inaugurated. On the contrary, and without specific protest from Mr. Root, the Senate tremendously accentuated the alleged “ inflationary” features of the measure, if it did not make inevitable the greatest imaginable amount of inflation. At one stroke, in authoriz ing federal reserve notes to be counted by mem ber banks as reserve, it made possible inflation to the incredible amount of six billions of dollars, as computed by competent actuaries. By authorizing bank acceptances on domestic trans actions, thus creating contingent liabilities of VARIOUS EXTRAORDINARY OCCURRENCES 201 great volume with not one dollar of gold cover, it not only made certain credit expansion be yond approximation, but would have introduced an untried and exceedingly dangerous banking practice. B y a reduction of reserve require ments and by other changes, the Senate made note-and-credit expansion enormously more probable than did the administration bill so bitterly assailed by Mr. Root. Not a word as to this was uttered in all this drastic talk about the “ menace o f inflation.” These particular Senate amendments originated right in the fi nancial centres and were ceaselessly pressed by notable Eastern bankers. The speech o f the New Y ork Senator did not go unanswered. It drew pungent comment from John Sharpe Williams and spirited replies from Owen and Reed in the Senate. When the con ference report was presented in the House, the retort was as pointed and combative as the amenities of debate would permit.1 It was de plored that a statesman of M r. Root’s interna tional reputation should have seized upon a politician’s catch phrase and denounced as “ fiat” the soundest note ever issued. There is not an element of “ fiatism” about a federal re^ee in the appendix to this volume speech delivered by me in the House of Representatives on December 22, 1913, explaining the confer ence report and defendingthe House currency bill against adverse criti cism. 202 AN ADVENTURE IN CONSTRUCTIVE FINANCE serve note. A sufficient confutation of the suggestion m ay be found in the fact that, after the most crucial test to which any currency was ever subjected, the considered banking judg ment of the nation, as expressed by the Federal Reserve Board and its Advisory Council of eminent bankers, prevailed with Congress to reduce by 33.3 per cent, the very commercial security that was behind the federal reserve note at the time M r. Root made his astonishing characterization of it. None of the disasters prophesied by this distinguished statesman have yet broken upon the country as a result of the enactment of federal reserve legislation. The regional banks have the greatest reserve of gold ever assembled outside the bowels of the earth. Through their agencies was managed the most inconceivable flotation of war loans in the his tory of the universe; and to-day the prosperity of the nation seems inseparably associated with the maintenance and wise administration of the system. As heretofore intimated, the debate in the Senate, if seriously intended to affect the decisions of the body on the reserve bank bill, did not appreciably succeed in doing it. A rather bitter partizan aspect was given the dis cussion by Senator Bristow. Among other sharp things said by the Kansas Senator was an un VARIOUS EXTRAORDINARY OCCURRENCES 203 mistakable accusation that certain other Sena tors, in conjunction with Secretary McAdoo, were “ attempting to relieve Congress of some of the more important details of currency legisla tion by midnight conferences at the Raleigh Hotel.” He quoted a Washington dispatch to a New Y ork paper as saying that it had already been “ decided at these conferences to eliminate from the bill the proposed guaranty o f bank deposits.” Senator Owen explicitly denied that anything of the kind had occurred; and, as a matter of fact, the Senate, in which this provision originated, did not eliminate it. It was ex punged by the House conferees. As further denoting the tense party spirit which the Senate discussion had fomented, it is pertinent to give a rather astonishing circum stance. Senator LaFollette, to all the East anathema maranatha, presented an amendment to the currency bill which, if adopted, would have figuratively sent the federal reserve banks to the almshouse for their managing directors. It read: “ No member o f the Federal Reserve Board and no director of a Federal Reserve Bank and no officer or director o f any member bank shall be an officer, director or stockholder of any other bank, trust company or insurance company.” 204 AN ADVENTURE IN CONSTRUCTIVE FINANCE The proposed amendment was overwhelmingly beaten, of course; but to the amazement of the Senate it received the support of Senators Root, Penrose, and Gallinger against the oppos ing votes of every other member o f the Senate from the E a s t! It m ay be wondered if, in that three-hour philippic, the great New Yorker had not convinced himself, and Senators Penrose and Gallinger also, that the opposing political party was so incapable of originating financial legislation which could merit the respect of sane people that any alteration, howsoever evil, would be an improvement. On no other theory, as I conceive it, could there be any explanation of their attitude. In the issue of the legislation one class of directors of federal reserve banks is supposed to be directly affiliated with other banks; another class is selected by and may be stockholders of member banks, and only the three directors appointed by the Federal Reserve Board are specifically detached from pecuniary interest in banks. Even these m ay be stock holders of trust and insurance companies. Y et here was a proposition, supported in this wise, to commit the great regional banks of the coun try to the exclusive direction of persons having no interest in banks nor presumptively any knowl edge of banking processes! It was to prohibit any officer or director o f any of the ten thousand VARIOUS EXTRAORDINARY OCCURRENCES 205 member banks of the federal reserve system to own a share of stock in any other bank or any trust or insurance company! It was to render ineligible for service 5,000,000 of the thriftiest citizens of the republic! The ablest, as he was the most fearless, spokes man o f the bankers o f America had, a few days before,in the Senate Banking Committee, fiercely assailed the House currency bill for its failure to commit the tnanagement of the regional banks exclusively to bankers. “ The bill,” he ex claimed, “ is repulsive in its provisions for con trol. It is a force bill the like o f which is not on the books of any nation. It discourages bankers by telling them they are a class o f citizens no longer entitled to representation!” And there in the Senate, a few days &fter, the greatest spokesman in America for vested rights, whose life had been spent in the shadow o f bank struc tures, was voting to exclude every stockholder of a member bank of the federal reserve system, every stockholder of a trust or insurance company, from participation in the management of these regional institutions, every dollar of the capital of which was supplied by the very banks and persons thus proscribed! Is there to be found anywhere in the pages of controversial literature anything comparable to this paradox? Certainly, it was a curious episode o f federal reserve legislation. 206 an a d v en tu r e in c o n st r u c tiv e fin a n c e While the general debate was proceeding in the Senate, addressed to the administration or House bill and the two bills reported respectively by M r. Owen and M r. Hitchcock as substitutes, the Democratic party caucus was deliberating over amendments to the House bill prepared by a committee composed o f Senators Owen, Shafroth, Pomerene, and Hollis. Meanwhile, at this particular stage, another outside interfer ence was projected. Certain radical proposals were presented which were saturated with the same plutological poison as that of the scheme which came so near wrecking federal reserve legislation in June. This new plan was presented to the President and his approval sought. M r. Wilson promptly referred thfe proposal to me for examination and submission to such of my House colleagues as might be convenient for consultation. We were nev*er enlightened as to the origin of the scheme, but after a thorough scrutiny o f it by Bulkley, Phelan, Korbly, and myself, with the expert aid of Dr. Willis, the President was told o f its dangerous nature and o f the total unlikelihood of its acceptance by the House. President Wilson had instinctively regarded this proposed departure from our basic lines as an ill-considered adventurt, and Secre tary McAdoo agreed with him; and, although both o f them urged that the suggested amend VARIOUS EXTRAORDINARY OCCURRENCES 207 ments be dismissed, two of them in modified form were incorporated in the Senate bill, only to be thrown out in conference. Whether there were any incidents o f the Senate party caucus worthy to be recorded, I am unable to tell. Although Senator Reed ex pressed a preference for open sessions because, he insisted, the papers had falsely put him in a position of capricious antagonism to the ad ministration, the conference was behind closed doors. I f there were sharp differences of view or any manifestations of acrimony, such as were exhibited so repeatedly in the House caucus, the newspapers gave no account of them. On the contrary, subsequent proceedings in the Senate appeared to indicate that the party con ference had reconciled all differences among Democratic Senators, for they resisted effectively every attempt of the opposition to alter the bill as agreed on in caucus. Singularly enough, the fight in the Senate against the administration measure, as amended in the party conference, was not led by a R e publican, but by Senator Hitchcock o f Nebraska, a Democrat, who declined to attend the party conference. Also, stranger still, the opposition of Mr. Hitchcock was not inspired by the pro verbial “ Nebraska idea,” but, conversely, was prompted by his advocacy of centralization in 208 an a d v en tu r e in c o n st r u c tiv e fin a n c e banking and the economic wisdom of bank-note issues as against government-note issues. Hitch cock surely exhibited the courage of his convic tions; for he was the solitary Democrat who voted invariably with the opposite side. Stated differently, it might be said that the Republicans voted solidly for every amendment M r. Hitch cock offered, while the Democrats, with the single exception noted, voted solidly against them. The Nebraska Senator had little toleration for the House bill. In eleven vital features he sought to alter its provisions. He opposed its proposed composition of the Federal Reserve Board; he was for four as against twelve banks; he was for insuring with government funds in dividual bank deposits; he advocated making the m aturity o f rediscountable commercial paper 180 days instead of 90 days; he advocated a pro gressive rediscount rate; he wanted to raise the gold cover for notes to 45 per cent.; he was for increasing the capital stock requirement of the regional banks; he favoured having the govern ment, and not bankers, manage the regional banks; he would have required the banks to underwrite the capital stock of the regional banks and then compelled these banks to offer the stock to public subscription; he was for an appreciable change in the reserve requirements of the House bill; and, finally, he offered the VARIOUS EXTRAORDINARY OCCURRENCES 209 complete bill which he and six Republican mem bers of the banking committee had reported as a substitute for the House bill, as amended by the Democratic caucus. As stated, the solid Republican vote was cast for every one of these Hitchcock amendments, and the solid Demo cratic vote against. E very one was rejected; but, subsequently, the Senate incorporated a deposit insurance provision in the bill, which the House conferees afterward eliminated. While the Senate conference was deliberating, and even after it had presented a perfected bill to the Senate, various influential bankers, who had taken an exceptional interest in the reserve bank problem, came to Washington in hope and expectation of being able to affect the situation as they might desire. Although the bill had long ago passed out of the jurisdiction of the House, some of these bankers insisted on discussing their proposals with me and several o f m y com mittee associates. Mr. Paul M. Warburg, the accomplished New Y ork banker to whom several references have been made in this chronicle, was notably among these. M r. Warburg exhibited a sort of religious zeal for the ideas he entertained on the subject of banking and currency reform. Moreover, he presented them with a force of reasoning and an ingenuity of expresssion that were not exceeded by his earnestness. M y rec- 210 AN ADVENTURE IN CONSTRUCTIVE FINANCE ollection is confirmed by my letter files when I say he mailed me every one o f his proposed amendments to the House bill as he sent them to the Senate committee, besides keeping me ap prised of his talks on the Senate side. Mr. War burg succeeded in impressing his views on the Senate committee and got some of them incor porated in the amended bill. He had a provision inserted authorizing the use of federal reserve notes in the reserves of member banks; also a provision for universal domestic acceptances; he got the reserve requirements changed so as to increase the loaning capacity of the regional banks, and vainly sought to embody a “ piping” scheme, whereby we should have three reserve centres with a regional bank at each. While I had, as I still have, a high regard for M r. Warburg’s genius and like him immensely, I frankly disagreed with these things, done at his insistence; and the House conferees had them expunged from the bill in conference. M r. Warburg also suggested, and successfully argued against Sir George Paish, the English economist whom Senators seemed to be consulting, the incorporation of the one-year gold-note feature in the bond-refunding provision of the act. This was allowed to remain. These conferences and this correspondence with the able interna tional banker afforded a species of mental calis VARIOUS EXTRAORDINARY OCCURRENCES 211 thenics which improved our capacity to deal with the problem and from which all of us de rived genuine enjoyment. But for Professor Seligman and some others to be repeatedly asserting that M r. Warburg wrote the Federal Reserve Act is not only to infringe the copyright o f Professor Seymour and Colonel House, but is to exhibit an amusing ignorance of the thing they themselves assume to talk about. I f pro fessors of history and other things at great universities do not quit dreaming dreams in stead of searching for the truth, Professor Shotwell will not live to realize his recently expressed expectation of seeing History abreast of Science in the final accounting of this wonderful period of the world’s existence. CH A PTER X III THE BANK B IL L IN C O N FEREN C E A Unique Situation— Puzzled About “ Two Outwitting Six” — Senators in a Rage— Mr. Lodge Goes on Record and Prophesies— The “ Fiat Money” Clatter T H E administration cuirency bill, passed by the House and in many particulars altered by the Democratic Senate caucus, was passed by the Senate on December 19, 19 13 , by 54 to 34, and was immediately sent to conference. But three Republicans, Weeks, Norris, and Ster ling, voted for it. No Democrat voted against it. As important legislative measures in sharp dis agreement between the two branches of Congress are, in conference, frequently reshaped in their vital features, there was intense interest mani fested in the personnel o f the conference com mittee. The agrarians and the inflationists of the House were well pleased with the bill as it passed the Senate, since it was readily seen that the possibilities of credit expansion under its terms were enormous. The saner element, ap prehending disaster from these inflationary pro visions, were determined to cure them. The 2x2 THE BANK BILL IN CONFERENCE 213 same “ corn-tassel” contingent that erupted so violently in the party caucus and was badly routed sought to have the House concur in the Senate amendments. Briefly, the chairman of the House Banking Committee pointed out the folly o f such a suggestion, and Mr. Hayes, rank ing Republican member, declared acceptance of the Senate amendments “ would mean the authorization of dangerous and destructive in flation.” Oscar Underwood also urged that the bill be sent to conference, which was done by an overwhelming vote. Defeated at this point, the expansionists fought for the appointment of nine House conferees to correspond with the number named by the Senate. Thus it was hoped to override the known conservatism of the three House members who would be named under customary procedure. This move also failed, and the Speaker, plainly impatient at these tactics, quickly named Messrs. Glass, Korbly, and Hayes as House conferees, with instructions to accept the Senate amendment extending the m aturity of agricultural paper eligible for rediscount to meet the seasonal requirements of farmers. The Senate had named nine conferees— an unusual, if not unprecedented, number. This came about by reason o f a singular situation. As the designation of nine conferees on the 214 AN ad v en tu r e in c o n st r u c tiv e fin a n c e House side might have nullified the things for which the House had voted, curiously enough, the naming of three Senate conferees only might have prevented an agreement altogether, since M r. Hitchcock, the second ranking Democrat on the Senate Banking Committee, had con sistently voted with the Republicans on the main questions in issue; and, if named as a con feree, he and M r. Nelson, the Republican con feree, could have controlled the Senate vote in conference. It was also said (for none of which I vouch) that, since it seemed certain a legisla tive miracle was about to be performed by the setting up of a scientific banking and currency system, none of the Senate members of the bank ing committee was averse to having a lasting part in it. W hatever the reason, the Senate named on the conference committee every Democratic member of its!banking committee except M r. Hitchcock. These were Owen, Reed, Pomerene, Shafroth, O’Gorman, and Hollis. The Republican conferees were Bristow, Nelson, and Crawford. Much bitterness was occasioned by the de cision of the Senate Democratic conferees not to admit their Republican associates to conference until the Democrats had adjusted their own differences. Korbly and I were perfectly will ing to have Hayes, the House Republican, sit THE BANK BILL IN CONFERENCE with us, because he was fair and had good knowl edge of the problem; but Democratic Senators strongly objected to bringing in Senator Bristow, who appeared to have been violent and person ally distasteful in the Senate debates. Hence the Republican conferees were for the time ex cluded. The conference of the six Democratic Senators and the two House members was amicable, but decidedly earnest. The sessions lasted far into the nights. The discussions were warm, but never unfriendly; and it is worth while to remark that, although Senator Reed, of Missouri, had persistently been featured in the papers as queru lous and insurgent, he was throughout the con ference useful and reasonable. His first super ficial impressions of the administration measure seemed to have given w ay to a considerate examination of its provisions as they were ex plained and defended by the House conferees; and there was none of the wrangling or the as perity so freely predicted and fervently wished for by the enemies of currency reform. Re calling clearly the scenes and incidents o f the conference as if it were yesterday, I might confidently say that every member of it at every session of it made a worth-while contribution to the fine result. On the last night, we worked until ten minutes past 4 a . m ., the final item of 216 an ad v en tu r e in c o n st r u c tiv e fin a n c e agreement being to retain the Comptroller of the Currency as an ex-officio member of the Federal Reserve Board. Perhaps it will never be entirely agreed as to whether the Senate or House conferees dom inated; but I have preserved among the in numerable bits of data the memorandum made b y Korbly and me of the things we would insist on and the points we would yield, and it may decently be said that the House, which voted 298 to 60 for the conference report, was not bet ter pleased with it than the two House conferees who signed it. The newspapers of the day re ported that “ M ajority Leader Underwood was given a great ovation when he rose in the House at the conclusion of the debate and congratulated the Banking and Currency Committee ‘ on ac complishing a result that many Congresses and many committees have attempted in twenty years and failed.’ ” But Underwood omitted to reveal the secret recently disclosed b y Professor Seymour when the latter told the public his su pernatural hero of currency reform had both Houses of Congress and the conference room encircled by pigwidgins, all the while whispering to us exactly what to do. In the Senate, the conference report had a stormy time of it. The Senate conferees were subjected to biting criticism from both sides of THE BANK BILL IN CONFERENCE the chamber for “ capitulating to the House.” The fine old Viking from Minnesota, Knute Nel son, had been hurt to the quick by reason of his exclusion from the conference preliminaries. He was in an indignant mood. “ When the con ference met,” he explained to the Senate, “ the Republicans were not permitted to be present. I want to acquit the members of the House; I want to do full justice to them. The conference committee of the House, headed by M r. Glass, took their Republican associate with them and were willing to confer with the Republican con ferees of the Senate. Objection came from the six Democratic Senate conferees. T hey saw fit to exclude us. The conference was pure mummery; yet in the face of these bald facts the chairman of the Senate committee has the audacity to come here and say that we were given an opportunity!” It was in vain that Senator Owen and others endeavoured to justify the action of the Demo cratic Senators by pointing to exactly the same thing done by the Republicans on similar oc casions, notably when the Vreeland-Aldrich currency bill was passed so swiftly, without even being read from the desk. Senator Bristow appeared infuriated. He lashed about him re gardless, sneering at the President as possibly capable of “ some spasm of virtue” and bluntly r’ 218 an a d v en tu r e in c o n st r u c tiv e fin a n c e accusing Senator Owen of having excluded the Republican conferees “ for fear they would take out of the bill some of his pet measures,” de signed to benefit him pecuniarily as a banker. M r. Owen did not mince words in his retort, characterizing the Bristow statement as “ not only false, but ridiculous; and the Senator knows it is false.” Owen sharply added: “ We ex cluded the Kansas Senator because we didn’t want a debating society, but a conference.” M r. Bristow violently complained of the ex purgation of the Senate provision for guaranty of bank deposits which had been advocated by every Republican Senator from the W est; nor was he appeased when Senator Reed explained that “ this was practically a last-ditch proposi tion on the part of the Senate. House conferees absolutely refused to yield, and we had the choice of delaying or defeating the entire bill.” Accusing the Senate conferees of surrendering to the House, Bristow exclaimed: “ You are providing a centralization o f power that Alex ander Hamilton would have blushed with shame to suggest,” whereupon Senator Ham Lewis, alluding to Senators Root, Penrose, and Gallinger as “ the Mephistophelian trinity,” charged that M r. Bristow had obediently followed their leadership. “ The Senator from Kansas,” he taunted, “ thinks a great machine called cen THE BANK BILL IN CONFERENCE 219 tralization is on the way to disturb the country. Y et the Senator from Kansas did not hesitate to propose to the Senate the creation of a single central bank, with a single head, with a single body, that could, with all the force of ancient and modern power, grip the Republic in the tyranny of centralism.’’ And thus the controversy raged for hours, both sides upbraiding the Senate conferees for yielding to the House. On this point, Senator Thomas, of Colorado, especially deplored the elimination by the conferees of certain Senate amendments. “ I cannot escape the convic tion,” he said, “ that two men, members of the other body, at the other end of this building, by their successful insistence upon having their own way have become the ultimate authors of this legislation. . . . We are now face to face with the indubitable fact that two men, members of the House of Representatives, have dictated the character and elements of this bill, to whose insistence the six representatives of this body finally surrendered. . . . And so this great measure is practically the result of the insistence of two determined men.” Senator Ashurst, of Arizona, also complained on this score, saying: “ The Senator from Min nesota [Mr. Clapp] the other evening said he would like to draw a picture of three controlling 220 AN ADVENTURE IN CONSTRUCTIVE FINANCE six; but he might have drawn a picture of two controlling six, because I observe that the con ference report is signed by two conferees on the part of the House of Representatives and six on the part of the Senate.” Senator Reed, apparently tired of this irritating reiteration, brought the Senate back to the sub stantial situation with a brief but convincing defense of the currency bill as reported. Said he: “ The truth of the matter is that this bill is in tended to strengthen our banking system. The truth is the bill will probably benefit the banks by removing from them the great menace of panics and constriction. B y removing this menace from the banks we remove it from the country. The panic first strikes the bank, but within the next succeeding moment strikes the depositor of the bank; it strikes the borrower from the bank; it strikes the business of the country; it goes down and strikes the man who digs in the trench and who toils in the mine. A sound financial system is essential to a sound business system, and a sound business system is essential to a sound industrial system, and all are essential to the happiness of a people.” Thereupon, the conference report on the cur rency bill was adopted by a vote of 43 to 25, the Republicans, except Senators Weeks, Norris, and Jones, persisting in their opposition. Before THE BANK BILL IN CONFERENCE 221 the vote was ordered, Senator Weeks, of M as sachusetts, presented a letter from his colleague, explaining the latter’s antagonism to the meas ure. It read, in part: New York, December 17, 19 13 . M y d ea r S enator W e e k s : . . . Throughout m y public life I have supported all measures designed to take the government out of the banking business. . . . This bill puts the government into the banking business as never before in our history, and makes, as I understand it, all notes government notes when they should be bank notes. The powers vested in the federal board seem to me highly dangerous, especially where there is political control of the board. I should be sorry to hold stock in a bank subject to such domination. The bill as it stands seems to me to open the way to a vast inflation of the cur rency. There is no necessity of dwelling upon this point after the remarkable and most power ful argument of the senior Senator from New York. I can be content here to follow the example of the English candidate for Parlia ment who thought it enough “ to say ditto to Mr. Burke.” I will merely add that I do not like to think that any law can be passed which 222 AN ADVENTURE IN CONSTRUCTIVE FINANCE will make it possible to submerge the gold standard in a flood of irredeemable paper cur rency. I had hoped to support this bill, but I cannot vote for it as it stands, because it seems to me to contain features and to rest upon principles in the highest degree menacing to our prosperity, to stability in business, and to the general welfare of the people of the United States. Very sincerely yours, H en r y C abot L odge . Bacon delighted to speak of intellectual watchtowers, from the vantage ground of wrhich one might get a glimpse of things to be. Obviously, the sage of Nahant was not on his promontory when he wrote this letter to his associate in the Senate. These regional banks, from net earn ings, paid a franchise tax of $60,000,000 to the government for a single year— a sum nearly as great as that paid by all the national banks in the United States put together for a period of twenty years theretofore. These regional banks avert rather than invite disaster; they stabilize rather than disturb business; they foster rather than menace prosperity. And as for “ putting the government into the banking business,” it was inexplicable to me, as it still is, that an in dictment o f this nature should have been levelled THE BANK BILL IN CONFERENCE 223 at the Federal Reserve Act by those who voted for the proposed substitute! The reserve act commits the immediate management of the regional banks to the bankers who own them. The substitute proposed, bearing the seal of Republican authority and supported by Messrs. Root, Lodge, Penrose, Gallinger, and the rest, would have put these banks in control of the federal government, owning not one dollar of proprietary interest in them! Could incon sistency present itself in plainer guise? To “ ditto” Edmund Burke was one thing. To “ ditto” Elihu Root in a partizan frenzy was different. How much better for the fame of Senator Lodge it might have been had he deigned to examine the bill which he assumed to con demn! He would have discovered that not one dollar of the currency authorized to be issued was “ unredeemable.” He would have learned that redemption on demand in gold was expressly provided for every note. He could, in this cir cumstance, have clearly recalled by contrast that the only “ fiat” paper money ever issued in the history of the Republic was that issued under a party administration of M r. Lodge’s own faith and, contrary to the teaching of Hamil ton and Gallatin, validated by a “ readjustment” of the Supreme Court of the United States. With this knowledge obtained and this revival of 224 AN ADVENTURE IN CONSTRUCTIVE FINANCE economic memories, it is inconceivable that the senior Senator from Massachusetts would have been eager to “ ditto” M r. Root or to have entered upon the permanent records of the Senate a comment so at variance with the facts and a prophecy so completely to be contravened by events. Fairness to Senator Lodge requires the statement that he later reversed himself; and, not long before his last illness, he personally told the present writer that he considered the reserve act “ a great legislative accomplishment and an indispensable service to the banking community of America.” There is printed as Appendix A to this nar rative the brief address made by me in the House of Representatives on December 2 2 ,19 13 , concisely explaining the changes made in the banking and currency bill by the Conference Committee to reconcile the disagreeing votes of the two Houses of Congress. In this speech I also responded sharply to certain bitter assaults made in the Senate and elsewhere on various provisions of the House bill. As Appendix B, The Federal Reserve Act, as amended to date, is printed for ready reference by any reader of this chronicle who may be especially interested in federal reserve matters. C H A P T E R X IV TH E MIRACLE ACCOMPLISHED The Currency B ill Approved—“ A Constitution of Peace” — An Interesting Ceremony at the White House—A Christmas Gift to American Business F OR nearly ten days, President Wilson’s lug gage had been packed for Pass Christian, Mississippi, where he expected to spend the holidays. As soon as the currency bill was en grossed and signed by the Speaker of the House and the Vice President it was sent to the White House for presidential approval. There all ar rangements had been made for a brief but in teresting ceremonial. Those who were most intimately identified with the legislation, to gether with quite a company o f guests, assembled in the Executive offices on the evening of De cember 23 d to see the President attach his signa ture to the Federal Reserve Act, which revolu tionized the reserve banking and currency sys tem of the United States. The thing which had been vainly discussed and intermittently at tempted for twenty years had finally been ac complished! 225 226 AN ADVENTURE IN CONSTRUCTIVE FINANCE The newspapers of the country featured the story; but concurrently the metropolitan press gave hesitating editorial comment on the event. Their Washington correspondents, well apprised of the almost insuperable difficulties which had been surmounted and the exact nature of the prolonged fight, had a keener appreciation of the achievement than the editorial writers; their stories of the event were full and, in some instances, graphic. One of the great dailies in New Y ork carried three columns about the reserve provisions alone of the bill, supplied by Representative Bulkley, who had been put by me in charge of that feature of the measure and had, with the expert assistance of Dr. Willis, special ized in reserve computations. V ery likely the cautious editorial comment of the metropolitan press was due to the fact that, with certain notable exceptions, the public journals at the financial centres had been hostile to the legisla tion, and it was not to be expected that they would be eager to praise at once a thing they had scarcely ceased to condemn. President Wilson, surrounded by Cabinet ministers, Treasury officials, the Vice President, the Speaker of the House, Senators, and Rep resentatives of both parties, members of his family, White House officials, and other invited guests, was in high spirits, as anyone may note THE MIRACLE ACCOMPLISHED 227 from a glance at the accounts of the event which were wired b y the resident correspond ents. N aturally, these differed inappreciably in detail, the appended story sent by the rep resentative of the New Y ork Sun being fairly typical: “ Washington, Dec. 2 3 .— President Wilson signed the Glass-Owen banking and currency bill at one minute after six o’clock to-night in the presence of a crowd that thronged the Executive offices. M r. Wilson was in a happy frame of mind. The occasion marked a victory for the President, who had worked hard for seven months to put the bill through the two Houses of Congress. “ It also signalized the fulfilment of the second principal pledge of the platform upon which Mr. Wilson ran as a candidate for the Presidency. “ In a speech that he delivered after attaching his signature to the bill, President Wilson pro claimed the law as a ‘ constitution of peace’ for the business interests of the United States. He expressed pleasure ‘ in completing a work which, I think, will be of lasting benefit to the business of the country.’ “ While the President did not say so in actual words, he made it plain that it was his belief that the new law would quicken the activities of trade and commerce. 228 AN ADVENTURE IN CONSTRUCTIVE FINANCE “ Mr. Wilson said he had been surprised at the ‘ sudden acceptance’ of the measure by public opinion everywhere. Business men, he said, had opened their eyes to find in the measure, which they supposed to be hostile, a serviceable friend. “ After the guests had assembled, and the Presi dent was about to take his seat at his desk, he noted that Chairman Glass of the House com mittee was not in sight. M r. Glass had taken an inconspicuous position behind the crowd at the other end of the room from the President. “ The President invited him to take a position beside his desk with Senator Owen, the chairman of the Senate committee. As Virginia Rep resentative came forward, the President shook hands with him warmly. This was the signal for a round of hand-clapping. “ As the President sat down at his desk he said: “ ‘ I must do the deed first and perhaps I will have something to say afterward.’ “ In the signing of the bill the President used four gold pens. With the first he wrote ‘ Ap proved. 23 Dec. 1 9 1 3 * With the second he wrote ‘Wood,’ and with the third ‘ row,’ and with the last ‘ Wilson.’ “ The first pen was presented to Mr. Glass, the second to Senator Owen, and the third to Secre tary McAdoo. The fourth was reserved for THE MIRACLE ACCOMPLISHED 229 Senator Chilton of West Virginia, who had sent it to the White House with a request that it be used in the signing of the bill. “ ‘ The deed/ having been accomplished, the President arose and addressed his audience. He was interrupted by applause as he referred to the new law as a ‘ constitution of peace/ When the President concluded he was again applauded and congratulated on the consummation of the work. An informal reception followed.” The President’s speech was brief, as it was hurried. Among other things he said: “ I need not tell you that I feel a very deep gratification at being able to sign this bill, and I feel that I ought to express very heartily the admiration I have for the men who have made it possible for me to sign it. “ There have been currents and counter cur rents, but the stream has moved forward. I think that we owe special admiration to the patience and the leadership and the skill and the force o f the chairmen of the two committees, and behind them have stood the committees themselves exercising a degree of scrutiny and o f careful thought in this matter which un doubtedly has redounded to the benefit of the bill itself. . . . 23O AN ADVENTURE IN CONSTRUCTIVE FINANCE “ It is a matter of real gratification to me that in the case of this bill there should have been so considerable number of Republican votes cast for it. All great measures under our system of government are of necessity party measures, for the party of the m ajority is responsible for their origination and their passage; but this cannot be called a partizan measure. It has been relieved o f all intimation of that sort by the cordial co operation of the men on the ether side of the two houses who have voted with us and have given very substantial reasons and very intelligent reasons for acting with us. So that I think we can go home with the feeling that we are in better spirits for public service than we were even when we convened in April. “ Men are no longer resisting the conclusion which the nation has arrived at as to the neces sity of readjustment of its business. Business men of all sorts are showing their willingness to come into this arrangement, which I venture to characterize as the constitution of peace. So that by common counsel and by the accumulat ing force of cooperation we are going to seek more and more to serve the country. “ I have been surprised at the sudden accept ance of this measure by public opinion every where. I say ‘ surprised’ because it seems as if it had suddenly become obvious to men who had THE MIRACLE ACCOMPLISHED 231 looked at it with too critical an eye that it was really meant in their interest. They have opened their eyes to see a thing, which they had sup posed to be hostile, to be friendly and service able— exactly what we intended it to be and what we shall intend all our legislation to be. “ The men who have fought for this measure have fought nobody. They have simply fought for those accommodations which are going to secure us in prosperity and in peace. “ It is in this spirit, therefore, that we rejoice together to-night, and I cannot say with what deep emotions of gratitude I feel that I have had a part in completing a work which I think will be of lasting benefit to the business of the coun try .” Immediately after approving the Federal R e serve Act, the President boarded the train for Pass Christian, whence he sent this message of well-merited applause to his Secretary o f the Treasury: Pass Christian, Miss., Dec. 25, 19 13 . W. C. M cA doo, Washington, D. C. We all unite in sending you warmest Christmas greetings, and I want to add to these greetings my expression of sincere gratitude and admira 232 AN ADVENTURE IN CONSTRUCTIVE FINANCE tion for the work you have done in connection with the currency bill. I do not know what I should have done without your constant and watchful efforts in this great piece of business. W oodrow W ilso n . To Senator Owen, chairman of the Senate Banking and Currency Committee, the President wrote this note: W hite H ouse , December 23, 19 13 . M y d ear S en ato r : Now that the fight has come to a successful issue, m ay I not extend to you my most sincere and heartfelt congratulations and also tell you how sincerely I admire the w ay in which you have conducted a very difficult and trying piece o f business. The whole country owes you a debt of gratitude and admiration. It has been a pleasure to have been associated with you in so great a piece of constructive legislation. Cordially, W oodrow W ilso n . H on . R . L. Ow en , United States Senate. The President also sent the appended note to the chairman of the Banking*and Currency Com mittee of the House of Representatives: T H C W H IT E H O U S E W ASH IN G T O N D ecem ber 23, 1913 My dear Ur. Glass: Uay Z not express my admiration for the way in which you hare carried the fight for the ourrency hill to an extraordinarily successful issue. Z hope and heliewe that the ■hole oountry appreciates the work you have done at something like its real value and Z rejoice that you hate so established yourself in its con fidence. With sincere admiration Cordially yours. Hon. Carter Glass, House of Representatives. 234 AN ADVENTURE IN CONSTRUCTIVE FINANCE Two weeks later, after the momentary excite ment of the unusual occasion had subsided, the Secretary of the Treasury dispatched this letter to the chairman of the Banking and Currency Committee of the House: THE S E C R ETA R Y OF THE T R E A S U R Y January 12, 1914* My dear Glass: H o w that the Federal Reserve Act is law I write again to congratulate you on the splendid and effective part you had in the fon&l a t i o n , construction and passage of it. I believe no one can speak with greater knowledge and authority of the splendid part you have had in this notable piece of business. I n the concluding Stages of the fight and in the work of the conferees you exhibited in a rare degree those qualities of intelligence and statesmanship which brought the measure to successful fruition. You have made for your self enduring fame, and no one rejoices more in your deserved success nor wishes you a longer life of continued usefulness to your country and to your friends than, Hon. Carter Glass, I House of Representatives. THE MIRACLE ACCOMPLISHED 235 There were felicitations and expressions of satisfaction from every national group which had evinced a consistent interest in the legislation. As representing the bankers of the country, wires and letters came from such outstanding men as A. Barton Hepburn, Sol. Wexler, Jam es Speyer, Paul M . Warburg, Jam es A. Forgan, and many others. Among the hundreds of mes sages from business men of every degree, par ticularly hearty congratulations came from such prominent figures in commercial life as John Wanamaker, John V. Farwell, Edward A. Filene, Charles R . Crane, Irving T . Bush, Wallace Simmons, and others of this rank. The N a tional Association of Credit Men, the National Citizens’ League, Chambers of Commerce, Boards of Trade, manufacturers’ associations, notable educators, professional menof every type, helped to swell the chorus of rejoicing. Of these I treasure a volume greater, perhaps, than all that has been set forth in this narrative; and if anything could compensate for the twenty-two months of nervous strain and anxiety which had been endured by those directly charged with responsibility for banking and currency reform, certainly these generous manifestations of ap proval afforded an ample requital. At the White House there were received countless messages; for it was in the leadership 236 AN ADVENTURE IN CONSTRUCTIVE FINANCE o f the President that banking and currency re form had its surest chance of eventual triumph. N ot for an instant did M r. Wilson ever turn aside from the task or hesitate to apply every resource o f intellectual strength and executive power. He dreamed no dreams nor hearkened to any “ wizards that peep and that mutter.” From beginning to end he stood with both feet on the earth, beguiled by no plea that could abate his purpose, alarmed at no threat that could affect his prestige, deceived by none of the stratagems employed to postpone or render hopeless the day of deliverance. Without his knowledge of the problem, deprived of his spirit and direction, nothing of a lasting description could have been achieved. It is because no living person, as I believe, knows and appreciates this as I do, that this chronicle is written. CH APTER XV A MYTH DESTROYED The “ Intelledualists” Change Front—First Oppose, Then Claim Paternity of Federal Reserve B ill — Mr. Aldrich's Fierce Assault on the Measure H IL E the federal reserve bill was pend ing, it was mercilessly condemned in de tail by certain interests. Where there was any praise in these quarters, it was faint enough to damn. This hostile criticism reflected not alone the attitude of bankers, as the class which imagined that it was chiefly affected by the proposed readjustment; but it voiced the disap probation of those business groups which are most readily impressed by banking thought. This was not surprising, since the phenomenon was and is o f frequent recurrence. A very noteworthy exception was found among the National Association of Credit Men, whose mem bers thought intelligently on the subject and understood the elements of the problem. These credit men were not only tolerant, but extremely helpful throughout the entire period of discus sion. 237 2 38 AN ADVENTURE IN CONSTRUCTIVE FINANCE It was astonishing, however, to find so many philosophers in economics among the critics and obstructionists. It was even more amusing to note the complete about-face of these a little later. After the currency measure was enacted into law and the system had proved itself under the searching test of a world war, some of the professors who had assailed the bill before public assemblages were among the first to set up claims of paternity for themselves or for their friends. One of these gentlemen who sharply criticized the administration measure before the New Y ork Academy of Political Science in October, 19 13 , precipitately tried, in 1914 , to seize the copyright, as it were, for a banker friend who had been consistently antagonistic to some of the very fundamental provisions of the bill to the moment of its approval b y the President. The banker was a very fine, as he was also a very able, man; but he was far from being the author of the Federal Reserve Act. Dr. H. Parker Willis, expert adviser to the Banking and Currency Committee of the House of Representatives, pointedly and accurately states in his elaborate documentary history of the federal reserve system that the federal reserve bill was not “ a copy or derivative of any other b ill” privately prepared by currency experts and submitted to the committee. The name of such A MYTH DESTROYED 239 bills was Legion and the committee graveyard could scarcely hold the output. Not a small part was, in fact, plagiarism of the earlier drafts of the federal reserve bill. Dr. Willis thinks the federal reserve bill was the “ digested product of elaborate and careful study of European bank ing experience adapted to American necessities.” A different, if not a preferable, w ay of stating it would be to say that the measure was the digested product of an agonizing review of American banking experience and a thoroughly scientific study of practical methods of read justment. Thus the committee expert and I reach the same destination in inverse order. We agree exactly in saying the Federal Reserve Act has no relationship to the Aldrich plan be yond a common use in some cases of indispens able banking technique and nomenclature. Those who affect to discern an intimate resem blance in these two measures are invariably persons, whether professors, politicians, or bank ers, who ardently advocated the Aldrich central bank bill and, to the very end, peppered “ with all the ingredients of scorn and contempt” the federal reserve bill. Now that the federal reserve system has exceeded all expectation of success, these men have the effrontery to relate it to the adversary plan, the more audacious of them ascribing “ three fourths of its essential 2 40 AN ADVENTURE IN CONSTRUCTIVE FINANCE features” to the utterly rejected Aldrich scheme which they so desperately sought to put into ef fect. Not only is their claim entirely untrue; it is readily susceptible of complete disproof. No fundamental idea of the Aldrich bill had its origin with the framers of that measure. Some of the essential ideas of the Federal R e serve Act had been, in different guise, considered and discussed long before either the Aldrich bill or the Federal Reserve Act was projected. The zone system of the Fowler bank bill, the Muhlemann central reserve bank plan, even the scheme of the Indianapolis M onetary Commis sion of 1898, and the device of the American Bankers’ Association of a later date, might better be appealed to in the citation of similitudes than the scheme of the Aldrich bill. Very much more to the point than any of these might be adduced the organization and practices of the great clear ing houses of the commercial centres of the country; for it was right here that the generic idea of the federal reserve system had its origin and from this base the structure was erected with all its lateral parts. So manifestly dangerous and contrary to the genius of democratic institutions was the Aldrich scheme of monetary reform that the Republican party, with President T aft as its leader, failed to accept it; the Democratic party, with Woodrow m '— ^ Wilson for its nominee, openly rejected it, and the Progressive party, which nominated Theo dore Roosevelt for President and polled 4,000,000 votes, denounced it as a scheme “ to place the currency and credit system of the United States in private hands, not subject to effective public control.” Not a member of either House of the Congress ventured to propose the Aldrich bill as a substitute for the federal reserve bill. Not one of the surviving Senators or Repre sentatives who were members o f the Aldrich Monetary Commission seemed willing to present for consideration that imperialistic scheme to seize the banking business o f the United States. Aside from the technique familiar to all banking and currency schemes and excluding from the computation the nomenclature that inevitably applies to descriptions o f commercial paper and discount operations o f banks, there are few fea tures o f resemblance in the two plans. They differ in principle, in purpose, and in processes; and if these inherent dissimilarities, radical as they are, were not in themselves sufficiently obvious to prove the case, there could be sum moned a witness whose competency and credi bility would not be questioned by any person with the least regard for historical truth. The late Senator Nelson W. Aldrich was chair man of the National M onetary Commission. 242 AN ADVENTURE IN CONSTRUCTIVE FINANCE He knew well the underlying principles of the bill presented to Congress by that commission. He was perfectly familiar with the text of the bill itself, which he was supposed to have drafted with the assistance of the commission s experts. The Rhode Island Senator, for years chairman o f the Finance Committee of the upper branch of the Congress, had an intimate knowledge also o f the provisions of the federal reserve bill. He had a mind so accustomed to financial analysis and a discernment usually so clear that he v^as universally regarded as a master among pub licists. His very name attached to the Aldrich bank bill caused thousands of American bankers to accept it without asking or knowing much about it. On October 15, 1913* before the Academy of Political Science in New Y ork City, M r. Aldrich delivered an address on “ Banking Reform in the United States.” It occupies sixty-two printed pages in the record of proceedings, and was devoted, almost in its entirety, to an examination of the major provisions of the banking and currency bill passed by the House and sub sequently enacted into law as the Federal Reserve Act. I f anybody who is too simple to differentiate for himself the inherent contrarieties o f the Aldrich bill and the Federal Reserve Act will read this address, he will quickly see that M r. A MYTH DESTROYED 243 Aldrich did not make the inscrutable blunder of relating the one measure to the other. D irectly at variance with his ordinary style of circumspect speech, M r. Aldrich, in his Acad emy address, was vehement in his criticism of the federal reserve bill. He wras so harsh in his judgments and unsparing in his char acterizations as to suggest the supposition that he had emulated the example of that British prime minister who confessed to delivering speeches which had been prepared for him because he had not the time to prepare them himself. It might well be wondered if the intemperate zeal of this Academy address, with its positive violence in denunciation of the federal reserve bill, should not be imputed to some disappointed academician among those who were paid large fees to contribute ideas to legislative problems which were rejected. Apart from the impetu osity and the fierceness of the address by Mr. Aldrich, foreign to his habit of debate, the production betrayed a tedium of literary and historical research and a perceptive, scholastic flavour that revealed the Rhode Island Senator in an entirely new role. Mr. Aldrich in that New Y ork address assailed every essential feature of the Federal Reserve A ct: (i) He attacked the regional organization of the system as contrasted with his 244 AN a d v e n t u r e i n c o n s t r u c t i v e f i n a n c e central bank plan, finding fault with every detail of the scheme and operation of the divi sional banks. (2) With the incisiveness of a trained satirist he ridiculed and, with the in dignation of an irritated statesman, he literally screamed at the note-issue provision of the bill, bedecking it with vituperative epithets such as “ fiatism” and “ greenbackism,” and “ Bryanism.” (3) He bitterly criticized the establish ment of the Federal Reserve Board as an irresponsible central bank with extraordinary powers improvidently granted. (4) He berated these various powers separately and collectively, predicting that their exercise would lead to a financial oligarchy. (5) He denounced the bond refunding feature, predicting tremendous losses to the banks and suggesting the probability of an utter destruction of the entire national banking system. (6) He condemned the rediscount re quirements as inflationary to the last degree. (7) He railed at the open-market section of the act as viciously accentuating the power of the reserve banks to inflate the currency by issuing inade quately secured notes. (8) He savagely assailed every reserve feature of the bill, particularly the fundamental idea of withdrawing the reserve funds o f the country from the great money centres. (9) He deplored the apparent purpose of the bill to make the reserve banks active A MYTH DESTROYED 245 institutions in competition with the great banks o f the large cities, with the consequent severance o f long-established business relations, (io) He charged that no provision was made to promote foreign trade. (n )H e attacked the redemption features o f the bill as utterly insufficient and decrepit. (12) He deplored the proposition to establish a system o f bank clearances. (13) He predicted that the shifting o f reserves would create intense confusion and bring about mo mentarily a destructive contraction o f commer cial credits. (14) He deprecated the reduction o f reserve requirements as wholly useless and undesirable, prophesying that it would lead to indefinite and destructive inflation. (15) He insisted that the statutory interest rate through out the country should be uniform everywhere, and severely condemned the power given to the' reserve board to differentiate conditions or circumstances. (16) He commented adversely on the failure to limit the amount o f discounts which member banks might make. (17) He censured desperately the plan o f government deposits. (18) He charged that unexpected favours were accorded bankers in great centres. (19) He said the bill was “ socialistic” in its features o f government control. (20) He pro nounced the bill unconstitutional in its grants of power. (21) Finally, ascribing paternity of 246 AN ADVENTURE IN CONSTRUCTIVE FINANCE the bill to three Virginians (meaning Wilson, Owen, and Glass), he appealed to the utterances of John Marshall and to Professor George Tucker, friend and biographer of Jefferson, to rebuke these improvident sons of that common wealth who, “ while they have not ignored the lessons of experience, are apparently afraid to make their legislation conform to its teachings on account of the declarations of a party platf 0 Summarizinghis pronounced objections to the federal reserve measure, M r. Aldrich, since acclaimed by his confused and beaten partizans as the real author of the bill he thus condemned, concluded his philippic in these words: “ I have tried to show that the bill has serious defects It appeals to the populists b y adopting their plan of note issues; to the socialists by seeking to place the management of the most important private business of the country m the hands’o fth e government; it seeks the support of bankers in great centres b y its unexpected discrimination in their favour, but its dangerous doctrines and unwise methods do not appea to the judgment of the American people. Its objections features have neither the support of public opinion nor the approval of the banking fraternity. They are contrary to the teaching of economists and they are not supported by the A MYTH DESTROYED 247 judgment of practical men. It threatens to upset business and to produce the evil results it was projected to cure/’ Thus, it is seen, M r. Aldrich claimed no share, whatsoever, in the federal reserve bill. On the contrary, he ranged rough-shod through every section of it. Not a fundamental pro vision was left untouched by his intemperate denunciation. And it is a poor tribute to his discernment and his frankness to suggest that he would have been foolish enough to excoriate bitterly before an audience of political econo mists a piece of legislation which had been pat terned after his own production. The false claim, which M r. Aldrich would have scorned, was first set up at an exigent moment in the presidential campaign of 19 16 as a counterpoint to the boasts of an opposing party. It was promptly and searchingly controverted on the floor of the House of Representatives by the chairman of the Banking and Currency Com mittee of that body in a speech which challenged contradiction in any particular. No answer in general or in detail was made in that forum then; nor has any answer been made anywhere since that had the slightest responsibility at tached to it. While the bare assertion itself now and then crops out, the remarkable address of M r. Aldrich before the Academy of Political 248 AN ADVENTURE IN CONSTRUCTIVE FINANCE Science stands as a permanent and conclusive answer to the impudent claim. And it passes all comprehension, in view of this authentic record, how any person can expect to be believed when he asserts that the Federal Reserve Act is, in either a practical or theoretical sense, an imitation of the Aldrich currency scheme. It is needless to add that the evil predictions ventured by M r. Aldrich with reference to the federal reserve system have not come true and never will. The notes he misbranded as hat are at a premium in every money mart of the outside world; the national banking system has not been destroyed, nor has a single national bank lost a dollar on its bonds; the readjustment and transfer of reserves from the money centres to the regional banks was accomplished without a ripple; the bank clearing system has been the wonder of modern banking, saving to commerce more than a hundred and fifty million dollars per annum; the redemption features of the bill stood up through the exigent period of a great war without being even jarred; the system has not “ upset business,” but, on the contrary, has preserved the country from disaster; the act s constitutionality, thrice tested as to two vita provisions, was thrice affirmed by the courts, there has developed no inability to keep credit and currency issues within bounds, as is A MYTH DESTROYED 249 proved by the furious, but ignorant, outcry of inflationists against the imaginary “ crime of deflation” ; and, while it was true, as M r. Aldrich asserted, that the system when first set up “ had not the approval of the banking fraternity,” it has so established itself in all the nation that Congress this moment is being besieged by “ the banking fratern ity” to give the federal reserve banks an indeterminate charter! In less than three years after Mr. Aldrich predicted “ a financial oligarchy” under the federal reserve system, his chief coadjutor in the construction o f the imperialistic Aldrich bank scheme was urging Congress to broaden the field and make more imperative the powers of the Federal Reserve Board at Washington! The system is so devoid o f the nature o f an “ oligarchy” as to be not quite far enough re moved from the impious threats o f the agitator. And yet few more inspiring incidents o f public administration have ever occurred, although little observed, than the refusal o f the United States Senate to confirm to the Federal Board a mere servitor o f a disgraced Cabinet minister and the refusal o f the Board itself to permit a President o f the United States to usurp its lawful functions b y assuming to name an utterly ^experienced and incompetent local politician a position o f commanding importance in a 250 AN ADVENTURE IN CONSTRUCTIVE FINANCE federal reserve bank. In the one case, veteran Senators revolted who never before were known to hesitate when their administrative head spoke, while, in the other case, the fellow who travelled fifteen hundred miles to be initiated, as a purely political appointee, into the technique of reserve banking was by the Board summarily sent back to his distant home with his bread-basket empty. While the Federal Reserve Board m ay never, if it should ever, become so detached and so completely independent o f legislative and ex ecutive influence as to assume the status o f the “ Supreme Court o f Banking,” as many eminent bankers have desired, it is certainly to be de voutly wished that it m ay permanently hold such a high place o f appreciation in the con fidence and esteem o f the country as to make it futile, if not positively dangerous, for political vandals to practise their arts against it. An intelligent and fearless performance of its func tions involves as much o f sanctity and of consequence to the American people as a like discharge o f duty by the Supreme Court of the United States. Neither in this chronicle nor ever before have I thought it important or even desirable to dis cuss federal reserve legislation in a partizan vein.1 1<fWe have not desired to approach or consider the question fromthe standpoint of party politics. It is too universal a problemfor that. It A MYTH DESTROYED 251 In its practical operation and its beneficent effects it is of little consequence whether the Reserve Act was enacted under a Democratic or Republican administration of the federal govern ment. It is only when some partizan, with blameworthy purpose, has sought to have it ap pear that the Reserve Act, passed under the administration o f one party, was a mere imita tion of something attempted by the other, that I have ever ventured on this phase of the subject. And it was a provocation o f this kind that in duced me to give place to this chapter in this book. For a reason akin, I now take note of the closing act of Professor Seymour’s federal reserve drama, with Colonel House behind the scenes. Here m ay be discerned the same thread of illusion that weaves its w ay through the play from first to last. As if it were not enough to minimize M r. Wilson’s major personal part in reforming the currency, Professor Seymour finally would deprive his administration of credit is not a matter for party advantage. I have kept in constant contact and pleasant intercourse with the ranking minority member of the com mittee, giving him every successive reprint of the bill, affording all the information that he might desire, and inviting in good faith such sug gestions as he might care to make. And now, Mr. Chairman, sureof our ground, yet conscious of human limitations, we submit this bill to the judgment of the House, challenging a fair considerationof its provisions and devoutly invoking the patriotic cooperation of our colleagues in what should be a great service tothe country and a memorable achieve ment of the Sixty-third Congress.”—Concluding words of speech by Carter Glass in presenting the federal reserve bill to House of Repre sentatives, December 10, 1913. 252 AN ADVENTURE IN CONSTRUCTIVE FINANCE for doing anything more than managing to tramp over the blazed and beaten path trod b y his political adversaries; and Colonel House stands behind the curtain consenting! Among Doctor Seymour’s concluding sentences in the Intimate Papers is this: “ The main principles o f the solution [the Federal Reserve Act] finally carried through by Wilson, the Republicans had advocated, in dividually or collectively; but they had lacked either the courage or the strength to write them into law.” This is but an echo of the Aldrich claimants, expressly rejected by M r. Aldrich himself. There is, I submit, scarcely a word of real truth in the statement. When did Professor Sey mour’s party, or any other until the advent of Wilson, ever advocate (1) a regional reserve bank scheme, under government supervisory control as against bank ownership and control ? When did it ever favour (2) a reserve banking system composed jointly of compulsory and per missible membership ? When did it ever suggest (3) a system of altruistic central control, totally divested of banking connections and (4) a regional control shared by the stockholding banks with the government of the United States? A MYTH DESTROYED 253 When did it ever present for consideration a scheme involving (5) compulsory impounding of national bank reserves, with a permissible im pounding o f state bank reserves, in either a central bank or regional banks? When did it ever draft or advocate or suggest (6) a measure to deprive the great reserve and central re serve cities of any part o f their reserve repos itory privileges, largely responsible for financial panics, or (7) a bill to decentralize commer cial credits in ordinary course of trade while in stantly mobilizing the entire financial strength of the system in time o f stress? When did it ever present a measure (8) to set up a great par collection system, handling items aggregating two hundred and fifty-eight billions of dollars per annum, making a solvent business man’s check on a solvent bank as available all over the nation for its face value as the gold in the Treas ury? When did it advocate a banking bill that (9) authorized open market operations by re gional banks to regulate rediscounts and provide a vital use for idle funds ? When did it ever, as a Principle or a policy, advocate (10) a composite uote, put out by the government as its own obligation, but issued only on application of a regional bank with joint liability o f all regional banks? When did it ever favour ( 11) a banking scheme providing a diversified as against a 254 AN a d v e n t u r e i n c o n s t r u c t i v e f i n a n c e uniform rediscount charge throughout the coun try? At what period o f its forty years of power at Washington did Professor Seymour’s party (12) ‘‘ lack the strength” (to say nothing of its courage) to put these principles and policies of banking into effect had it desired to do so? Y et, with M r. Aldrich categorically condemn ing all these things; with every member o f his party in the United States Senate, but three, voting against every one of these principles and policies of banking as embodied in the Federal Reserve Act, and the overwhelming m ajority of its members o f the House o f Representatives doing likewise, Dr. Seymour thinks it is cleverly proper, in what he asserts to be a historical nar rative, to inject a partizan plea which would strip President Wilson’s administration of all sem blance of initiative and every whit o f originality in the great achievement of banking and currency reform! And M r. Wilson’s “ silent partner” re mains silent! CH APTER X V I OLD GUARD’ S LAST STAND System Imperilled by Consolidationists— The President Angered—Reorganization Was Imminent— The Scheme Abandoned I T IS not the purpose o f this narrative to deal with federal reserve administration. N atu rally, there have been mistakes. Such mistakes as have been made were not of a nature to impair the effective operation of the system. More over, it m ay be noted with satisfaction that, in the important particulars in which the validity o f the Act has been assailed by antagonistic interests, its constitutionality has been upheld by the courts from the lowest to the highest. There is one episode related to administration which occurred so soon after the system was set up and which was so intimately concerned with the very integrity o f original federal reserve legislation itself as to make a reference to it here seem altogether pertinent. The pertinacity of those who held to the consolidationist view of bank credits has already been made clear. As we have seen, they ardently desired a central 255 256 AN ADVENTURE IN CONSTRUCTIVE FINANCE bank; and, denied that, exhausted every resource o f ingenuity to prevail with Congress to make the number o f regional banks as few as three, to be located in the three great central reserve cities. When, after months o f consideration and discussion, this was not done, it was supposed the fight was ended. But it was not. The zeal of those advocating centralization was unabated and their persistence unchecked by repeated reverses. T hey carried the fight ' into the administration o f the system ; and, in less than one year after the federal reserve banks were organized for business, the Federal Reserve Board at Washington entered upon a startling task o f abolition which might have contravened the purpose of Congress by reducing the number o f regional banks to any point at which the Board might have pleased to desist! This ex traordinary action was proposed and entered upon under an interpretation o f the statute which, if valid, could have completely subverted the intent of the framers of the law. Indeed, the action proposed marked a critical moment in the history of the federal reserve banking system, for it not only involved an inevitable clash between Congress and the Board, with its attendant bitterness, but also would have pre cipitated a violent agitation in the districts OLD GUARD’S LAST STAND 257 sought to be abolished as well as in other dis tricts which might proceed in constant dread of a similar fate whenever it should suit the notion o f the Federal Reserve Board to put them out o f business. It was understood to be the intention o f the Board to eliminate immediately the banks at Kansas City, Minneapolis, Atlanta, and Dallas, deferring action on the Richmond and Boston banks, with the decision as to the last-mentioned contingent on the willingness o f the New Eng land member banks to be transferred to New York. The crucial point was as to the legal right o f the Board to disestablish a single one of the twelve banks. Granted authority, under the statute, to revoke the charter o f one, the right to consolidate the system into three central reserve city banks, so desperately, but vainly, fought for in Congress, would have been con firmed. Disestablishment might not have pro ceeded that far; but it is by no means improbable that it would have gone to exactly that extreme without prompt executive intervention. The committee o f the Board having charge of the matter, composed o f Messrs. Warburg, Delano, and Harding, was good enough to send a c°P y o f its report under seal o f confidence, w ereupon I lost no time in writing a protest against the action proposed to be taken, courte 258 AN ADVENTURE IN CONSTRUCTIVE FINANCE ous altogether, but unmistakably and severely frank in expression of dissent. This letter challenged the legal right of the Board to disestablish any regional bank once organized and authorized to begin business, holding that Congress alone could abrogate the charters of a reserve bank and terminate its existence, except in case of liquidation b y the Board for violation of law ; even in that event, a reorganiza tion was suggested. There was given in the letter a hurried, but I think conclusive, review o f the related provision o f the Act, with the cir cumstances attending its consideration and adop tion. The argument led inevitably to the view that it would be a stark usurpation of power for the Board to persist in its contemplated course. It is proper to state that, while M r. Delano, to whom m y letter was addressed, was among those who felt the Federal Reserve Board was authorized b y law to take the action proposed and advocated inquiry into the feasibility ot it, he was not, as I recall the circumstance, an advanced consolidationist, intent on abolition o f regional banks for the mere sake of centralization. # - • Because of the transcendent importance o proposition, with its potential consequences, an as a matter o f ready reference to the readers o OLD GUARD’ S LAST STAND 259 this chronicle who would care to be apprised of the more interesting circumstances associated with federal reserve legislation, the appended correspondence is presented as a fairly clear ex position of the controverted point as I viewed it: Washington, Confidential November 13 , 19 15 . M y d e a r M r. G lass: On behalf o f the Committee o f the Federal Reserve Board, who have had the matter in charge, I send you herewith the first copy of report which has been prepared, and which will be presented to the Board at the meeting on M onday morning. This is, o f course, confi dential information which is not being given out but, as the author of the Federal Reserve Act, I think, and our Committee feels, that you are entitled to it. An added special reason for it is that various rumours have gotten out as to what the Committee had in mind to do, and we wanted you to form no wrong impression. Yours very truly, TF. A. D elano . *d°N. C a r t e r G la ss , c/o Raleigh Hotel, Washington. 260 an ad v en tu re Strictly confidential in CONSTRUCTIVE FINANCE Washington, D. C., November 13, 19 15 . M y dear M r . D elano : On reaching m y hotel to-night I find your confidential note, with enclosure of report of your committee, for which I thank you. I had read in the Washington Star of yesterday a para graph to the effect that the Federal Reserve Board contemplated some such action as that proposed b y your committee; but, being some what incredulous, I called Dr. Willis over the ’ phone last night to ascertain, if I properly might, whether the publication had a real basis in fact. Being assured that it had, I to-day pre pared a statement for the newspapers in which I challenge the right of the Board to do what is suggested and comment on the reason assigned b y the Star for the meditated proceeding. How ever, aside from m y utter distaste for newspaper disputation, I am otherwise dissuaded from public discussion o f the matter just at this moment. Y ou have been so consistently courteous and cordial to me, m y dear M r. Delano, and so considerate also, that it pains me to have to dis agree radically with any view that you express concerning the administration of the federal re serve system. Y et, the very fact that I have OLD GUARD’ S LAST STAND 26l felt so strongly drawn to you and have been so confidently impressed by your earnest devotion to the work of the Reserve Board prompts me to write very plainly with respect to the com mittee report which you have done me the kind ness to transmit. I was among the few members o f the House Banking and Currency Committee who hoped that the Reserve Board Organization Committee would start the system with the minimum num ber o f regional banks. I was among the very few members of either branch of Congress who felt that there was much exaggeration of the real peril in M r. W arburg’s "pip in g” system which received such scant consideration; so what I say now may not be related to any pre conceived prejudice against a reasonable concen tration of reserves or liking for a large number of reserve banks. I simply question outright the power of the Federal Reserve Board to reduce the number o f banks and, apart from every other consideration, I think such action would be a usurpation of authority for which no defense can be found in the text of the act itself, and I kncKv it would be a perversion of the intent of those who drafted the bill and managed the legis lation. The currency bill, as originally drawn, con tained no reference to the question of abolishing 262 AN ADVENTURE IN CONSTRUCTIVE FINANCE reserve banks beyond that involved in the para graph relating to the charter life of a bank, which could be terminated only by act of Congress or by forfeiture for violation of law. This was held by most of us to be sufficient. But there were members of the Committee so bitterly op posed to the centralization of reserves and so fearful of control by a few banks, in subjection to “ special interests,” that an amendment was made which provided that “ no federal reserve district shall he abolished nor the location of a federal reservehankchanged exceptupon the applica tion of three fourths of the memher hanks of such district.” In vain some of us pointed out that this was in conflict with the “ charter-life” provision of the bill: those fearful of a system of few banks prevailed in the House Committee. But the Senate Committee, noting the conflict, eliminated the amendment cited; and the House conferees on disagreeing votes, of which I was one of two, concurred in the alteration, for the reason indicated. Thus we gave the Federal Reserve Board authority to “ create new districts,” dis tinctly modifying the term by immediately and clearly indicating that the modus was to be by multiplication, “ not to exceed twelve in all.” To “ create” doesn’t mean to “ destroy.” We distinctly did not give, even by implication, nor intend to give, the Board power to reduce the OLD GUARD’ S LAST STAND 263 number of banks first created. There is not, in my belief, a vestige of sanction in the act for any different assumption. Certainly there is no warrant of authority to “ abolish” districts in the power conferred on the Board to “ readjust” district lines. Readjustment of lines cannot mean extinction of districts, nor can the power to “ review,” upon appeal, the work of the Or ganization Committee in locating reserve banks be reasonably interpreted into authority to “ abolish” banks. No such interpretation o f the phrase, standing alone, would be tenable: read in connection with section 4, expressly reserving to Congress alone the right to dissolve banks, such interpretation, as it seems to me, is impos sible. But this strained construction of the phrase, if ever admissible, could not be applied now without coming in plain and sharp conflict with the charter-life provision of the act or with out involving the federal reserve system in dis astrous litigation. Such action to be regarded, in a n y sense, as a “ review” of the work of the Organization Committee as to chartering banks, should have been taken (1) before the Secretary of the Treasury, as required by the act itself, “ officially announced the establishment of a Fed eral Reserve Bank” in a specified district and (2) before the bank proposed to be abolished had been, as provided by the law, “ authorized by the 264 AN ADVENTURE IN CONSTRUCTIVE FINANCE Comptroller of the Currency to commence business under the provisions of this act.” But, as I have said, it was never intended that these terms should bear any such construction as that which I fear your committee placed on them, albeit you do not explicitly say upon what sanction o f law the Federal Reserve Board would rely for the extraordinary action proposed. I am not a lawyer nor an adept in the interpreta tion of law; but I do know what the proponents o f the Federal Reserve Act and the managers of the legislation intended to write on the statute book. Moreover, assuming that you have the power, I find m yself unable to agree with your com mittee’s argument for the proposed action, and I totally dissent from the printed reason ascribed to the Board for its contemplated abolition of certain reserve banks. Congress did not act carelessly nor in ignorance in fixing the maximum number of reserve banks. I am writing hastily at my hotel, where documents are not available; but in the archives of m y committee room is abundant evidence o f the painstaking care with which expert compilations were applied to this question, and not one of the existing reserve banks falls one dollar under the computation of probable resources made by our actuaries, so there has been no decentralization of reserves OLD GUARD’ S LAST STAND 265 beyond that which Congress deliberately sanc tioned. Of course, I do not know with what evidence your committee can fortify its sugges tion that Congress did wrong in authorizing, and the Organization Committee in establishing, twelve reserve banks; but I cannot imagine that it relates to lack of resources, because the chief officer o f one o f the reserve banks proposed to be abolished has recommended to the Board that it shall include in its suggestions to Congress an amendment to the Federal Reserve Act authoriz ing a return to member banks of 95 per cent, of the normally available capital subscribed, thus radically reducing the capital resources of the banks! Furthermore, it is in the power o f the Board to make the resources of strong banks available to aid weaker banks in time of stress. It is a complete, not a fragmentary system. I cannot think, either, that your evidence re lates to the reason given in the Washington Star for the abolition of certain banks, to the effect that “ four of the banks lost money for the quar ter ending September 30.” You know and I know that some of the administrators o f federal reserve banks have not tried to earn expenses. Quite the contrary, they have tried not to earn expenses; to my knowledge they have intrigued to this end. And this to me is not astonishing, for a member o f the Board and your committee, 266 AN ADVENTURE IN CONSTRUCTIVE FINANCE our mutual friend M r. Warburg, has publicly proclaimed that he would have been “ ashamed of these banks” had they earned their expenses. While I do not agree with M r. Warburg as to the economics of this view, I am cheerfully willing to concede that there was nothing sinister in his declaration; but there are those who will mis understand his remark and ascribe it to a desire to wreck the federal reserve system and build upon its ruins his eagerly desired bank of banks. And if the Federal Reserve Board, either through usurpation of power or exercise of authority which the Federal Reserve Act may be thought to confer, should at this time try to abolish cer tain reserve banks because all the banks have not earned expenses, M r. W arburg’s avowed wish that they shall not be self-sustaining will be plausibly imputed to him and to the Board as undisguised hostility to the system and part of a scheme to discredit it. And, unhappily, this belief would be accentuated by the incontestable fact that the Board itself, under the persistent leadership of Mr. Warburg, has failed to put into operation mandatory provisions of the Federal Reserve Act which were intended to enable the federal reserve banks to earn expenses, and which no member of the Board, I must assume, will deny would enable these banks to earn expenses. It is my deliberate judgment that the action OLD GUARD’ S LAST STAND 267 proposed b y your committee, if taken at this time, would arouse a spirit of ferment, and of bitter resentment in the country, especially in the large sections affected, which would speedily be reflected in action by Congress. I have frankly admonished M r. Warburg in the kindliest spirit of sincere friendship that his conception of the federal reserve system as a purely “ emergency” institution is wholly foreign to the view of the administration which recom mended and the Congress that brought that system into being. It was never intended by anybody who had any effective part in the incep tion and passage of this legislative act that these banks should be practically moribund for nine out of every ten years of their existence and only be put into action to “ save a situation” or to retrieve a financial disaster. I f we want a system of that kind, we can return to the hybrid Vreeland-Aldrich scheme, which would enable us to abolish the Federal Reserve Board, as well as the federal reserve banks and conduct the enterprise from a corner bureau in the Treasury Building. I have supposed that in the Federal Reserve Act we had instituted a great and vital banking system, not merely to correct and cure periodical financial debauches, not simply, indeed, to aid the banking com munity alone; but to give vision and scope and 268 AN ADVENTURE IN CONSTRUCTIVE FINANCE security to commerce and am plify the opportuni ties, as well as to increase the capabilities of our industrial life at home and among foreign na tions. I am not willing yet to think that I have misconceived the thing. I have written ten times more than I purposed to say, M r. Delano, when I started to acknowl edge the courtesy of your note; and, what is more, have written with my own hand, which is distinctly against my physician’s advice. But I cannot conclude without taking the very great liberty to suggest that you should long and care fully consider the astounding intimation of your committee that the federal reserve system, which at the very weakest period of its existence— in its infancy, so to speak— has withstood the shock and upheaval of the greatest war in the history o f the earth, will, in its growth and strength, be gravely endangered when the readjustments of peace ensue. To me this is startling. I believe such a forecast of deficiency seriously made public by the Federal Reserve Board would alarm the country to the point of panic, and do it instantly. I believe it would put a check to enterprise and a rein upon endeavour that would result in immediate doubt and ultimate disaster. I do not at all participate in your fears. I think we have a good banking system, which will con tinue to prove itself in larger measure as those OLD GUARD’ S LAST STAND 269 who administer it give it a fair chance and oper ate it with confidence. I know you want to do this, and I could wish for you no greater distinc tion, nor for our country any greater blessing, than would be involved in the actual achieve ment. I hope to be able to have this letter typewrit ten before I leave for New Y ork M onday morn ing and to subscribe myself, with cordial regards, Faithfully yours, C a r t e r G l a ss . H on. F. A. D elano , Federal Reserve Board, Washington, D. C. Whether this letter of mine influenced later events, I shall not pretend to say. The note to me was received Saturday night, November 13th. M y reply was written instantly and dispatched early M onday morning. The action contem plated by the Board for M onday was deferred for one week to get legal advice from the A t torney General of the United States, who was furnished, by request, with a copy of the fore going letter. The opinion o f the Attorney General was adverse to the action proposed by the Board, and the matter was not pursued. However, for the moment, the suggested pro cedure provoked intense feeling among those 270 AN ADVENTURE IN CONSTRUCTIVE FINANCE privy to it. The Board was arrayed in two factions, the division being four to three, one side assuming to be trustees for the banks and viewing the other as representing the govern ment. M y data, made at the time, reveal the existence of astonishing hostilities and a threat ening situation. On Saturday, November 20th, in a long talk at his home, I warned Mr. War burg that the Board should not pursue the course it had in mind without first getting the sanction of Congress by amendment of the Act. On Sunday, November 2 1st, the day before the ap pointed time for the Board to act on the com mittee report, the President summoned me to the White House for a conference on the subject. He knew one side o f the various controversies which had disturbed the Board. I gave him both sides, derived by me from conversations with members of the opposing factions. The President asked me if I did not think the sit uation was sufficiently threatening to warrant an immediate reorganization of the Board. Against this, at the time, I strongly advised, for reasons which subsequently were set down in my diary, the text of which reproduced here would make reading decidedly more interesting than judicious. There can be no possible doubt that the Board would have been summarily reor ganized by the President under his power of OLD GUARD'S LAST STAND 271 removal had it taken next day the action which was contemplated. The President, aside from being greatly exasperated, wrholly concurred in the view that such action by the Board would constitute an intolerable usurpation of power, without either textual or implied legal sanction. Happily, the thing was not done; and soon thereafter a better concert in the Board seemed to prevail. As far as I know, this was the first and only time President Wilson ever approached the point of executive intervention with the affairs of the Federal Reserve Board; and this time he felt that he must act to avert what seemed to him a plain defiance o f the will o f Congress, albeit the Board was fortified by an approving opinion from a New Y ork lawyer whose obliquity of vision in contemplating federal reserve legisla tion was as consistent as it was extraordinary. Distinguished in his profession, he never once appeared able to understand the genius of the federal reserve system or to comprehend what it was all about. Two members of the Board had, on occasion, complained quite bitterly in conversation with me of the President’s indifference to the Board and its transactions and suggested that the Board was entitled to a more cordial recognition and sympathetic cooperation of the President. 272 AN ADVENTURE IN CONSTRUCTIVE FINANCE They appeared to think that with this there would be less friction and better progress. Whether or not this suggestion to me was in tended to reach the President I never knew. However, suspecting that such an idea was back of it, I did venture soon thereafter to mention the subject to M r. Wilson, whose response was to the effect that he had purposely refrained from contact with the Federal Reserve Board because he wanted the Board to feel perfectly free to pursue its course within the law without a particle of constraint or restraint from the Execu tive. “ The very moment that I should attempt to establish close relations with the Board,” added the President, “ that moment I would be accused of trying to bring political pressure to bear.” The President held to the obviously proper view that commercial credits and banking processes were matters which should be as far removed from all sinister influences as one pole is from the other. It was to insure just this thing that the federal reserve system was de vised, and a single departure from which once threatened disastrous consequences. C H A P T E R X V II a “ c o n s p ir a c y ” t h a t d id n ’t o ccu r Fable About a Cruel Abridgment of Bank Credits Dissected •—Nothing of the K ind Happened—How a Plain Business Conference Was Misinterpreted Three Years After W H E N it is recalled that, in the memorable panic year of 1907, three months before the crash came which rocked the very founda tions of the nation’s economic structure, the ag gregate rediscounts of all the national banks in the United States was but $58,000,000, as con trasted with the rediscounts of $2,687,383,000 at the federal reserve banks alone on Jan u ary 1, 19 2 1, we m ay get some conception of the service performed by this new banking system to the commerce and industry of the country in this period of post-war reconstruction. And when it is shown that in 1920 the rediscount loans of some of the reserve banks in various agricultural states equalled and, in some instances, exceeded the total rediscounts of the national banks in all the states in 1907, one m ay well marvel at the effrontery of the person who has no better dis cretion than to challenge the ordinary understand 274 AN ADVENTURE IN CONSTRUCTIVE FINANCE ing of the public by railing at the federal reserve system for an “ abridgment of legitimate credits” in the period of extraordinary depression. It was fairly computed that of the total of redis counts at the twelve regional reserve banks in 1920, at least $1,800,000,000 represented loans for the agricultural industry. Notwithstanding this there is a fable still afloat, which has its amusing as well as vicious aspects. The story is retailed with vehemence in certain sections of the country by those pro fessional friends of the farmer who would find subsistence without real work a distinct hardship once deprived of their repertoire of such tales of imaginary “ outrage.” It is to the effect that the Federal Reserve Board had a “ secret” conference at Washington in M ay, 1920, at which it was resolved to deflate prices of agricul tural products by retiring currency and abridg ing credits for these essential things. Outside a circle of paltry agitators addicted to fooling the farmer for a living, this invention has received scant credence except from persons who obsti nately refuse to accept the truth or are incapable of understanding the processes of the federal reserve system. The truth is that the Federal Reserve Board could not have legally done what the accusation implies, as any person of sense may see by an a “ c o n sp ir a c y ” th at d i d n ’t occur 275 examination of the federal reserve statute. Moreover, the recorded facts and official figures literally disprove the stupid assertion. Besides, no human being can form any credible conjecture as to why the Federal Reserve Board, except in aimless malice, could have desired to do anything of the kind suggested. The Board is strictly an altruistic body. Its members own not a dollar of bank stock nor are they permitted bank con nection of any description. T hey could have no possible motive to inflate or deflate the currency arbitrarily had they plenary power to do either. Their salaries are fixed by law. Acquisitively, it is nothing to them whether the currency is extended or contracted. T hey can not issue a federal reserve note but on demand of a bank nor retire one except pursuant to a defined commercial transaction. Two thirds of the directors of reserve banks are selected by the member banks of the respective regions and the other third from business men and farmers of the localities. They constitute a part of the life of their communities and could have no conceivable desire to injure themselves or their neighbours by resort to illicit or punitive banking methods. The alleged “ secret” conference of the Federal Reserve Board was proclaimed in practically every newspaper in the United States served by the major press associations. Reporters were 276 AN ADVENTURE IN CONSTRUCTIVE FINANCE not present, of course, as they should not have been and as they never are at any bank board meeting in the world where the delicate subject o f individual, community, or nation-wide credits is discussed. This meeting of the board in M ay, 1920, was to hear reports of trade conditions and the credit situation throughout the United States from federal reserve agents and Class A directors of all the regional reserve banks and from mem bers of the Federal Reserve Advisory Council. The press and sane business men everywhere were at the moment inveighing against the shocking speculation and extravagance which had seized the country; and prosecuting officers, from the Attorney General of the United States down, were being bitterly censured for not “ putting price profiteerers in ja il.” Congress had twice by resolution asked the Federal Re serve Board what it had done or proposed to do to abate the alarming waste and expansion which were threatening the economic foundations of the nation. While the Board had no power to initiate rediscount rates at the federal reserve banks, it was required by law to review such rates when instituted by these banks. It was perfectly manifest that there must be rate read justment at some of the regional banks before long as they were extended to a point of great peril; and it was to learn the exact status of each 4 a “ c o n sp ir a c y ” th at d i d n ’t occur 277 district directly from its accredited representa tives that this meeting in Washington was held. This was necessary to enable the central board to review intelligently any rate readjustments that might be presented by the regional banks for its consideration. No more sensible thing than this was ever done by the Board. So far from being “ secret,” the address to the conference of the governor of the Board, compre hensive in its nature, was ordered to be given to the press and mailed in printed form to the 30,000 banks of the country with a view of im pressing the public with the gravity o f the situa tion as seen from Washington. This address textually disclaimed either purpose or power of the Federal Reserve Board to “ interfere with the details of the business of federal reserve banks.” It contained a temperate remonstrance against the “ orgy of speculation and extravagance” which was threatening legitimate business and, by abusing the credits of individual banks, was impeding the movement to markets of the very essentials of life. “ Borrowings for pleasure and luxury,” the speaker thought, should be sub ordinated to “ essential loans for necessities.” It was not for federal reserve authorities to define luxuries or necessities; this must be left to the dis criminating judgment o f individual bankers. F a r from suggesting any curtailment of agricul 278 AN ADVENTURE IN CONSTRUCTIVE FINANCE tural credits, the speaker was of opinion that es sential commodities should be given precedence, and particularly urged (page 33, printed pamph let) that the live-stock industry o f the West “ should be taken care o f” even if the federal reserve banks of that section, discovering them selves too greatly extended, should find it neces sary to rediscount with the stronger regional banks of the system. The whole tenor of this address by the Governor of the Federal Reserve Board found expression in a sentence (page 5, printed pamphlet) saying: “ A sensible and gradual liquidation will result in permanent improvement, as we all know; but any attempt at radical or drastic deflation will result in very serious consequences, and such a policy should be avoided.” This address was given to the press by order of the conference; and every phase of the meeting was given unguarded publicity except the dis cussion of rediscount rates. As to this, those present were cautioned by the chairman of the meeting to say nothing. No caution should have been thought necessary. The gross impropriety o f making public any contemplated action on bank rates even of an individual bank of magni tude is obvious to any person capable of rational A “ c o n sp ir a c y ’" th at d i d n ’t occur 279 thinking. It is not done in any civilized coun try of the earth. Bearing in mind that the R e serve Board had no authority to initiate redis count rates, as all the persons at that meeting acting in unison had not, for the Board or any member of it or any official present to have given out speculative opinions of what should be done or might be done with respect to rates by the directors of the respective regional banks, would not only have been dangerous in the last degree, but would have been an act of unpardonable folly. The Board did not know, nor could any person at the meeting remotely guess, what might be the action of the respective federal reserve banks which alone had original jurisdiction of redis count rates. As a matter of fact, opinion in the meeting sharply divided on the question. Three reserve banks in the metropolitan districts, where speculation was appalling, had decided to in crease rates before the meeting at Washington was held; one or two others did likewise some six months afterward, while six of the twelve regional banks never did increase the interest charge above the point prevailing at the time this conference was held. Contemplate the simplicity of the bank board that would make advance announcement of its purpose to increase its discount rate at a given date, and imagine 280 an adventure in c o n str u c tiv e fin a n ce how much money it would have left in its vaults to loan at the increased figure! Picture the scenes in the money markets, on the stock ex changes, and among borrowing business men throughout the length and breadth of the land had the Federal Reserve Board, foolishly exceed ing its well-defined authority, made public proc lamation of a purpose to advise or coerce the regional banks to initiate rate increases! Of course the M ay meeting at Washington neither made any bank rate increases nor recommended any. It had no authority to do either. No member o f the Federal Reserve Board present advocated either. Y et, because the incidental rate discussion was not at the time blazoned in the newspapers nor given publicity until nearly three years thereafter, the silly charge is even now repeated, and by credulous souls believed, that a great “ deflation conspiracy” was put into effect at this meeting. Instead of “ deflating” commodity prices by abridging credits and currency, the federal re serve banks, with the sanction of the Federa Reserve Board, prodigiously expanded credits and increased the volume of currency. Near y eight months after this “ secret” conference in M ay, 1920, at which it is said “ a precipitate de flation” conspiracy was formed, the amount o credits at the federal reserve banks and the a “ c o n sp ir a c y ” th at d i d n ’t occur 281 volume of notes outstanding were at the highest point in the entire history of the federal reserve banking system! Here are the official figures, furnished by the regional banks, the authenticity of which has never been, as it never can be, suc cessfully disputed: Paper held under rediscount fo r member banks in each Federal reserve district, also Federal reserve notes in circulation on Ja n . 1,19 2 0 , and on Ja n . 1 , 19 2 1. FED ERA L R ESER V E BAN K P A P E R H ELD U N D E R D ISC O U N T FO R M E M B E R B A N K S F E D E R A L R E S E R V E N O T ES IN C IR C U LA T IO N J a n . I , 19 2 0 Ja n . 1 , 19 2 1 J a n . 1 , 19 2 0 Ja n . 1 , 19 2 1 B o s t o n ..................... $ 1 8 8 ,0 3 9 ,0 0 0 . $ 1 3 5 , 2 9 3 ,0 0 0 . $ 2 4 4 ,0 9 3 ,0 0 0 . $ 2 8 8 ,7 8 0 ,0 0 0 . N e w Y o r k ............. 7 9 0 ,8 0 3 ,0 0 0 . 87i»439,ooo. 8 0 7 ,6 16 ,0 0 0 . 8 6 7 ,4 8 1,0 0 0 . P h ila d e lp h ia . . . . 2 3 7 ,3 0 0 ,0 0 0 . 13 3 ,4 8 4 ,0 0 0 . 2 3 7 ,0 5 1 ,0 0 0 . 2 7 8 ,3 2 2 ,0 0 0 . C le v e la n d ............... 1 6 4 ,3 1 7 ,0 0 0 . 1 2 2 ,1 8 2 ,0 0 0 . 2 6 4 ,7 3 8 ,0 0 0 . R i c h m o n d ............. 1 1 4 ,7 7 2 ,0 0 0 . i2S.473.ooo. 14 5 ,7 6 5 ,0 0 0 . 348,951,000. 155,169,000. A t l a n t a .................... 8 8 ,0 3 2 ,0 0 0 . 16 6 ,6 4 0 ,0 0 0 . 15 5 ,5 11,0 0 0 . 17 3 ,4 0 6 ,0 0 0 . C h i c a g o .................. 2 6 7 ,6 3 9 ,0 0 0 . 4 7 S ,5 6 3 ,ooo. 5 0 0 ,13 9 ,0 0 0 . S t . L o u i s ................ 7 7 ,6 7 9 ,0 0 0 . H4,933,ooo. 14 5 ,2 9 8 ,0 0 0 . M in n e a p o lis ......... 7 3 ,8 5 7 ,0 0 0 . 9 3 ,9 9 4 ,0 0 0 . 8 7 ,1 8 7 ,0 0 0 . 545,395,000. 135,785,000. 79,498,000. K an sas C it y . . . . 1 1 0 ,3 8 0 ,0 0 0 . 13 9 ,4 0 2 ,0 0 0 . 10 4 ,0 8 9 ,0 0 0 . 10 ,5 7 8 ,0 0 0 . D a l l a s ....................... 2 8 ,3 7 1,0 0 0 . 9 7 ,3 9 2 ,0 0 0 . 74,930,000. 79,453,ooo. S a n F r a n c i s c o .. . 7 3 ,8 9 6 ,0 0 0 . 16 7 ,3 9 8 ,0 0 0 . 2 4 2 ,4 6 2 ,0 0 0 . 2 7 2 ,4 6 3 ,0 0 0 . $ 2 ,2 1 3 ,3 0 3 ,0 0 0 . $ 2 ,6 8 7 ,3 9 3 ,0 0 0 . $ 3 ,0 0 8 ,8 7 8 ,0 0 0 . $ 3 ,3 3 6 ,2 8 1 ,0 0 0 . T otal , There is the indubitable record. It affords, in small space, complete disproof of the false charge about an alleged “ conspiracy” among federal reserve authorities in M ay, 1920, to deflate the currency and thereby to bear down the prices of 282 AN ADVENTURE IN CONSTRUCTIVE FINANCE essential commodities. As already said, no human being can contrive a credible conjecture as to why the Federal Reserve Board or banks would want to do such a thing. But this aside, the figures themselves show that it was not done. They exhibit reserve bank credits of only $2,215,305,000 on Jan u ary 1, 1920, against credits of $2,687,393,000 on Jan u ary 1, 19 21, an expansion of $472, 088, 000 in the twelve-month period ! The figures show also that, on Jan u ary 1, 1920, the volume of federal reserve notes out standing was only $3,008,878,000, as against $3,336,281,000 on Jan u ary 1, 19 2 1, an increased note issue for the year of $327 , 403, 000 ! There’s the answer, in brief, to this wicked invention. Meanwhile— not because of any credit or cur rency “ deflation” by federal reserve banks, but in spite of an enormous credit and currency in flation by these banks— commodity prices in the period indicated tumbled to pieces. The Bu reau of Statistics, Department of Agriculture, re ported that, at the very moment when regional bank credits and note issues reached the highest point of expansion in the history of the system, cotton had dropped from 35 cents in January, 1920, to n § cents in Jan u ary, 19 2 1; wheat had fallen from a high of 2.54 to 1.49; corn from 1.86 to 67, and oats from 1.04 to 46. Wool, flour, pork, lard, and other commodities had fallen in A “ c o n sp ir a c y ” th at d i d n ’t occur 283 proportion. This was because consumers, both in this country and Europe, had gone on strike and the bottom had dropped out of business in America and abroad. In the raging fever of commodity and stock gambling, prices had pierced the clouds, actually exceeding the highest point of the war period. The stopping place was reached at last. People would no longer pay. T hey quit stocking up. T hey began to live from hand to mouth. A paralysis of trade set in. Furnaces were banked, mills and factories were closed, building was abated, road construction halted, unemploy ment was rife, and the demand for all kind of products frightfully diminished. This is why prices toppled; the debacle was due to no lack of rational credit accommodations. It undeniably is true that, after the bottom had dropped out of the markets, there was an enormous diminution of credits at the regional banks and a reduction of note circulation. But nothing is more certain than that contraction of credit and currency issues subsequent to Jan u ary 1, 19 2 1, did not cause business depression, but was caused by business depression. Contraction of credits oc curred after and not before the drop in prices. There was little demand for either credit or cur rency, because commerce and industry were in a state of torpor. Trading had almost ceased. 284 AN ADVENTURE IN CONSTRUCTIVE FINANCE Wherever or whenever, in this later period, there were cases of bank accommodations being either withdrawn or denied, it was not done by the federal reserve banks, but by individual banks, whose credit men, afraid to offend their cus tomers by withholding extensions, were both weak and deceitful enough to ascribe their own action to some imaginary “ order” of the Fed eral Reserve Board which was never issued. Indeed, the Board repeatedly had occasion to expose and rebuke this species of deception when brought to its attention. The whimsical feature of this alleged “ secret” conference of the Reserve Board in M ay, 1920, with its later denouement, was not free of an ele ment of obliquity. This phase of the episode re lates to the printing of the proceedings nearly three years thereafter and an attempt, by deliber ate mutilation and perversion, to make it appear that the purpose and effect of the meeting were precisely the reverse of what was the fact. A re tired member of the Board had publicly charged his former associates with unduly abridging com mercial credits. Noting with amazement that this hostile criticism came from the only person at that M ay conference who, as they remem bered, had remotely suggested a sharp “ tighten ing of purse-strings,” and an “ arbitrary restric tion of credit to non-essential industries and to a “ c o n sp ir a c y ” th at d i d n ’t occur 285 concerns making inordinate profits,” other board members fished out of the archives the yet un transcribed stenographic notes of the meeting; had them typed for the first time and a few copies printed solely with a view to giving belated publicity, in detail, to the conference and thereby confuting the charge thus repeatedly made by the former member of the Board. Two copies of the pamphlet, thus printed for the first time, were sent to each person who was present at the M ay, 1920, conference; and a copy was sent to me at the Senate chamber on Jan u ary 29, 1923, with request to have it made a public document. Before this could conveniently be done an unscrupulous periodical, malevolently hostile to the Board, procured from some source a copy of the pamphlet, garbled its contents and, by a process of omission and misrepresentation that could not temperately be described, made it appear that the purpose and action of that M ay meeting were to abridge legitimate credits and deflate the currency in order to depress prices. The basis of this extraordinary performance was not anything tangible that was done at the con ference or anything that ensued; but the simple word of caution uttered against “ publicly dis cussing bank rates” was seized upon and stressed and given the colour of something sinister. Moreover, the periodical which, in this perverted 286 AN ADVENTURE IN CONSTRUCTIVE FINANCE shape, spread the proceedings, so fresh from the printing press as that the pages were scarcely dry, was depraved enough to imply that the stenographic report had been printed three years theretofore and secretly circulated in favoured circles, with a view to giving certain interests ad vance notice of an intention of the Reserve Board to order a general increase of bank rates and thus enable them to profit thereby! One answer to this was the fact that the Board had not dealt with bank rates at all. Another was that the publisher knew his suggestion to be mendacious, for the imprint o f the Government Printing Office on the pamphlet, as well as the accompanying letter, showed that the document had just been issued. This libellous contortion of the facts was the origin of the charge which to this moment cheap agitators repeat and feverish people credu lously believe. Y et, one will search in vain the minutes of the M ay meeting, transcribed for the first time three years after the event, for a word from any member of the Reserve Board, thus accused by this periodical, in favour of a sharp deflation of the currency o f regional bank credits. And, as decisive of the question, it is shown that reserve bank credits were not restricted by any action of that conference; but, fo r eight months after the M ay meeting, were expanded until they touched the highest point in the history of the a “ c o n sp ir a c y ” th at d i d n ’t occur 287 system— and this while commodity prices were swiftly dropping to pieces. The Comptroller of the Currency at that time, by no means to be regarded as especially friendly to the Reserve Board, said in a letter dated December 28, 1920: “ In my opinion, the declines which have taken place in commodity values in the past six months have been due primarily to the operation of natural causes; and these declines in orderly manner have been facilitated by the policies pursued by the Federal Reserve Board during this period. The recession from the unnatural prices which prevailed in the case of so many commodities was desirable and inevitable, and it was proper that the Federal Reserve Board should have endeavoured to have this decline proceed gradually,rather than by withholding all restraint, making possible later on a collapse and disaster.’, As proof, in greater detail, of the expansion, rather than deflation, of reserve bank credits in agricultural districts for this period of falling commodity prices, it may be stated that the re serve bank at Richmond, Virginia, accommodat ing the grain, fruit, tobacco, and cotton portions of the fifth district, increased its rediscounts by more than #10,000,000 and expanded its note issue by an equal amount. 288 AN ADVENTURE IN CONSTRUCTIVE FINANCE The reserve bank of Atlanta, in the cotton and fruit belt, increased its rediscounts from $88,052,000 on Jan u ary 1, 1920, to $166,640,000 on Jan u ary 1, 19 2 1, and its note issues from $ 15 5 ,5 11,0 0 0 to $173,406,000, a total increase in credits of $96,406,000. The Chicago federal reserve.bank, in the grain and live-stock section, increased its rediscounts from $267,639,000 to $475,563,000, and its note issues from $500,139,000 to $545>395>°°o; a total expansion of $253,180,000. The Reserve Bank of Saint Louis, accommodat ing the grain and live-stock territory, increased its rediscounts from $77,679,000, to $114 ,9 33 ,000, and reduced its note issues by the sum of $10,000,000, leaving an aggregate expansion of credits amounting to $27,000,000. The Kansas C ity federal reserve bank, in the grain and stock section, increased its rediscounts in this period of falling prices from $110,380,000 to $139,402,000, and its federal reserve note issue was increased by $7,500,000, making a total ex pansion of $36,522,000. The federal reserve bank at Dallas increased its rediscounts from $28,371,000 to $97,392,000, and increased its note issue by about $5,000,000; total expansion $74,021,000. The San Francisco federal reserve bank, ac commodating the fruit, daify, and other farm in a " c o n sp ir a c y ” th at d id n t occur 289 dustries of the Pacific States, increased its re discounts from #73,896,000 to #167,598,000, and increased its note issues from #242,462,000 to #272,463,000; a total expansion of #123,703,000. The federal reserve bank at Minneapolis, in the grain and milling territory, advanced its re discounts from #73,857,000 to #95,994,000, and reduced its note issue from #87,187,000 to #79,498,000; a total expansion of #14,448,000. Finally, it may be stated, the inflation of regional bank credits for the year 1920 was so entirely generous as to reflect a degree of im provident banking; for one federal reserve bank totally dissipated its gold reserve and would have been critically embarrassed but for the timely aid of federal reserve banks located in the industrial districts, and another federal reserve bank has on its books an amount of uncollected loans made in this period which aggregates a greater sum than the capital stock of this regional bank! And it may be added that the refusal of credits by individual banks for the period indicated must have been negligible; for the Secretary of the Treasury, in an official proclamation dated September 27, 1920, stated that the total increase of commercial loans from Jan u ary 1st to that date approximated #3,000,000,000. And these facts, taken together or separately, completely dispose of the fable. C H A P T ER X V III A SUMMARY OF ACHIEV EM ENTS Financing the World War—Expediting Recovery—Factivat ing Credit Settlements—Abolishing Money Panics and Toll Gates—Lowering Interest Charges T H E federal reserve system was originally created with a view solely to the necessities and requirements of peace. Events, however, so shaped themselves that before the organization o f the new banking system had been completed, the World W ar subjected it to an unexpected kind of test. It was obliged, first of all, to adapt itself to war conditions rather than those of peace, its first necessity being the restoration of the currency to normal, after emergency issues permitted by an amendment to the Act had been temporarily placed in circulation to meet the sudden requirements entailed by the great out flow of gold caused by Great Britain’s urgent call for the settlement of all obligations that were due her on this side of the Atlantic. Financing the War This early duty was accomplished in a manner which showed the immense power o f the system 290 A SUMMARY OF ACHIEVEMENTS 29I and clearly established its capacity to cope with almost any emergency. During the two years which followed the outbreak of the World War, a foundation was laid not only for the adequate financing of peace requirements through the better standardization and regulation o f com mercial paper and the installation of a satisfac tory system of collecting checks, but also for the safer management of war finance, through the establishment of an intimate cooperation be tween the Treasury and the banks, superseding the old sub-Treasuiy system, and through the preparation of a large supply of note currency for use in case of need. Thus it was that when the United States itself entered the World W ar early in 19 17 , the way toward raising the immense sums of money that were required had already been made smooth. First necessities were met by an issue of short term certificates which the reserve banks them selves took, but it soon appeared that new financing on a great, and even unprecedented, scale would be required. The first Liberty loan afforded a searching test of the capacity of the reserve banks; and resulted in completely dem onstrating the efficiency of the machinery which the system had built up. It is not neces sary to follow the successive Liberty loans and the intermediate Treasury certificate financing 292 AN ADVENTURE IN CONSTRUCTIVE FINANCE completely through in all their details to under stand the essential character of the service which was then performed by the reserve system. It consisted, first of all, in eliminating entirely the old-fashioned plan of paying cash to the Government, the latter immediately to pay it out again. Thereby, the weakening effect of cash withdrawals from the banking system was entirely avoided, and the Government’s trans actions were integrated with the credit system of the country—the result being to multiply by many times the actual power of the public Treas ury in raising the funds of which it stood in need, not only for its own necessities, but, as later proved to be the case, those of the allied nations in general. This, however, was not all. On the contrary, the second service rendered by the system in this same connection was of almost equal significance. Liberty loan requirements were so great as to require use of the entire money-raising resources of the country, and to necessitate action on the part of every section and region in adapting itself to the wishes of the Government and in putting forth its best efforts to supply what was needed. Obviously the funds so furnished had to be made available at some one place or, at most, at a comparatively small number o f places. To com pel their transfer from the districts in which they A SUMMARY OF ACHIEVEMENTS 293 were raised to the points at which the Govern ment wished to pay them out, would in ordinary cases have caused suspension of business pay ments on a widespread scale all over the country. As things stood, however, it was never necessary to declare anything in the nature of a moratorium. The machinery o f the reserve system promptly transferred through the gold settlement fund and the clearing system the funds that had been accumulated in remote parts of the country to the distributing points where they would be paid out, and, when so paid out, promptly redistrib uted these payments again to the points at which they were to be disbursed. Without going into the technical details of the gold settlement fund, it may be briefly stated that in Washington at the Treasury Depart ment, each federal reserve bank maintains a de posit of gold. At the close of each day’s business the Federal Reserve Board, on telegraphic advice, directs the crediting and debiting of each federal reserve bank in the system with the appropriate amount by which its gold deposit has been in creased or depleted by the transactions with the other federal reserve banks, with the result that by this settlement at Washington there is a book transfer of title to gold, the basic medium of exchange, without the physical shipment thereof. The daily fluctuation of the credit balance of any 294 AN ADVENTURE IN CONSTRUCTIVE FINANCE federal reserve bank in the gold fund is due to the service it performs in transferring credit to or re ceiving credit from other federal reserve banks in order that settlement may be made of debts from individuals or banking institutions in one district to individuals or banking institutions in another district without the necessity of the physical shipment of currency. The benefit of this service is available to any banking institu tion, without cost, regardless of membership in the federal reserve system, for the reason that it may secure the transfer b y means of the gold settlement fund through its city correspondent, which is a member of the federal reserve system. Shipment of specie in large quantities, hoard ing, accumulation of funds and similar evils which had been common in other countries and at other times were thus largely avoided through this service of the federal reserve system. It was the testimony of foreign ob servers that never had a banking system worked more smoothly or efficiently in the performance o f a great task than did the federal reserve system. In addition to these less obvious under lying functions was the normal and essential duty of the system in making advances to those who required them in financing and carrying the Liberty bonds. At the close of the war, holdings A SUMMARY OF ACHIEVEMENTS 295 of bills secured b y Liberty bonds were more than $1,500,000,000. Stabilizing Foreign Currencies There was another and less well recognized service by which the reserve system facilitated the management of the operations incident to the war. Great Britain had from the start thought it necessary to maintain the pound sterling at a stable relationship to the dollar. France and Italy had eventually joined her in stabilizing their respective currencies at specified rates as a war measure. The system o f stabiliz ation thus created was on the point of breaking down at the time that the United States entered the war and required for its maintenance a fund in use of more than $1,000,000,000. Not only did the reserve system furnish the funds through the sale of Liberty bonds and Treasury certifi cates with which the foreign governments con tinued the process of stabilization after our entry into the war, but it also rendered an invaluable service in transferring gold to the credit of foreign countries and in receiving it from them through mutual arrangements which it perfected with several of the foreign central banks. Through its Division of Foreign Exchange the Federal Reserve Board furthermore provided the infor mation which was needed for the management of 296 AN ADVENTURE IN CONSTRUCTIVE FINANCE the exchange operations thus undertaken. At the same time it successfully controlled, through its gold export committee, the movement of specie into and out of the country, using to that end the technical facilities of the reserve banks themselves. When it appeared that Great Brit ain was close to a suspension of specie payments in India, Congress passed a law allowing the Treasury Department to lend to the British Government silver then held in the Treasury Department behind the outstanding certificates. The federal reserve system provided a means for filling the gap thus left in the circulation, by means of its issue of federal reserve bank notes, and it also carried through large operations in volving transfer of funds to and from India, thereby maintaining the currents of trade with the Orient from which invaluable war materials were being drawn. In all 260 millions of silver dollars were thus broken up while in place of the certificates outstanding against them reserve bank notes to $259,000,000 were issued. Peace Readjustments The close of the war found the reserve system ready to render service as great in bringing con ditions back to normal as those it had performed in carrying through the necessary operations connected with war finance. As gold flowed A SUMMARY OF ACHIEVEMENTS 297 into the country from abroad, it was received and stored in the federal reserve banks, and thereby prevented from exerting a directly in flationary effect upon prices and business condi tions in general. When recession of prices oc curred during 1920, as it did all over the world, the reserve system was able to cushion the shock by enlarging its accommodations to business and to agriculture, its loans a year after the recession had started being larger than they had been at the outset. The reserve banks thereby per formed one of the essential functions of central banking by showing themselves able and willing to expand in the face of business contraction just as on other occasions they had demonstrated the ability to contract in the face of business ex pansion. At the close of the year 1920 its dis counted paper held was nearly $2,700,000,000 against $2,200,000,000 at the opening of the year. An Incomparable Collection Agency No account of the reserve system and its ac complishments would be sufficient without some reference to the technical side of what it has done, notwithstanding that the more spectacular and showy aspects of the effort of the system are seen in its management of public and private credit on the great scale just sketched. Refer ence has already been made to the gold settle- 298 AN ADVENTURE IN CONSTRUCTIVE FINANCE ment fund and the machinery of clearance and collection which had come to be so great a re liance early in the war. The Reserve Act had wisely, and against the bitterest opposition of some banks and Congressmen inspired by these banks, retained in its text a provision authorizing the reserve banks to act as clearing houses for their members, and the Reserve Board to act as a national clearing house for the reserve banks themselves. It was not long after the system had been established that the Board, in compli ance with the provisions on this latter head, in stalled machinery whereby the gold settlement fund was created at Washington on the basis of a gold contribution made by each reserve bank. Transfers in the fund were telegraphi cally made, upon the orders of the several banks first weekly and now daily. The direct result has been to do away almost entirely with the shipments of gold from place to place which were formerly so expensive besides being entirely unnecessary. In each of the several districts, a par collection system has been installed, at first for the use of members but later extended to non-members. This system, in spite of the bitter attacks and the constant legislative and judicial warfare upon it carried on by specialized banking interests in different parts of the country, has performed its purpose by greatly reducing, and, A SUMMARY OF ACHIEVEMENTS 299 in many regions, eliminating, the oppressive and multitudinous exchange charges which at the hands of selfish country banks and their city correspondents had become so terrible a burden upon business during the years preceding 19 13. The aggregate amount of checks (exclusive of duplications) handled by the ^system during 1919, when the system had attained its growth, amounted to 136 billions of dollars. During 1925 the number of checks handled was 778,686,000, representing an aggregate amount of $258,611,276,000. Banking Toll Gates The work of the federal reserve system in con nection with the plan of clearing checks at par deserves, however, very much more attention than it has ever received. In most foreign bank ing systems, the complicated exchange charges which have long existed in the United States are unknown. Neither in England nor on the Con tinent has there ever been in any recent period the practice which prevails here of charging sub stantial fees for the collection of checks. The system in the United States grew up as the out come of extended development among country banks whose sources of income were at times not very abundant and which therefore seized upon opportunities for adding slightly to their earnings 300 AN ADVENTURE IN CONSTRUCTIVE FINANCE which might not otherwise have been resorted to. The outcome was the imposition of a very heavy burden upon business which has been estimated variously at from #75,000,000 to #125,000,000 per annum. N ot only was this true, but a very much more serious evil had grown up incidentally to the exchange charge. Under the old system o f varied reserves according to the location o f a bank, whether in the “ country,” a reserve city, or a central reserve city, there was an advantage to the individual bank in sending a check to some other bank which could count it as a reserve in stead of sending it directly home to the bank on which it was drawn for collection or settlement. The result was that a great many banks were in duced to deposit checks upon out-of-town in stitutions with other banks at a distance, the latter undertaking to collect them free of charge, yet to give immediate credit to the depositing bank before they had been collected. B y de positing them in this w ay the bank that originally received them obtained a free collection service at the same time that it imposed an exchange charge upon its customer while it was also able to have the check counted as reserve in its paper for an indefinite period which frequently amounted to weeks. This system was very bad for business because it tended to keep a great volume of checks and drafts outstanding for a A SUMMARY OF ACHIEVEMENTS 3OI long time, thereby carrying on the books of banks in general an uncollected element which tended to inflate the outstanding credit and to make it seem much larger than it really was. At times like the panic of 1907, when bank sus pension had occurred, immense volume of these checks in the mails became uncollectible for the time with the result that banks were deprived of the use of their funds and had to suffer cor respondingly. There was thus both a heavy burden upon business due to the existence of an unnecessary collection charge, and a serious danger to banking liquidity or solvency due to the existence of an immense amount of what was called “ float.” Both factors were elements of danger. The federal reserve system set itself to correct both of these conditions. It has been some what handicapped by the fact that discriminat ing legislation directed against par collection has been adopted in a few states, while on the other hand coalitions among country banks for the purpose of preventing checks from being sent to reserve banks have tended in some degree to restrict the success and effectiveness of the re serve institutions. But this has been merely a blemish upon the great success of the enterprise. The reserve system has largely done away with the enormous and hazardous “ float” which 302 AN ADVENTURE IN CONSTRUCTIVE FINANCE formerly clogged the mails and prevented banks from knowing exactly where they stood, while it has immensely reduced the exchange charges visited upon the community by “ toll-gate” in stitutions which seized this method of filling an otherwise somewhat depleted exchequer. Benefits to Public When it is realized that of the 27,337 incorpo rated banks (other than mutual savings banks) in the United States on October 3 1, 1926, there were 9,336 member banks and 14,066 non member banks in the federal reserve par col lection system, a total of 23,402 as against 3,935 smaller non-member banks which persist in col lecting toll from the commerce of their sections, it readily may be seen how purely irrational and unbusinesslike has been the futile attempt to impede and destroy this great check collection institution. And when it is seen that the banks which are clearing checks at par, without charge to their customers, represent about 97 per cent, of the total banking resources of the United States as against about 3 per cent, for the banks which persist in exacting these fees from the business men of their communities, we well may be astonished at the fact that the legislatures of three or four states have sought to evade the de cisions of the Supreme Court of the United States SUMMARY OF ACHIEVEMENTS by even compelling their state banks to exact collection charges of the business men of these states. Some day, when the awakening comes, legislators who thus submit to the concerted influence of small banking groups against the larger interests of commerce and industry will sharply be brought to task. The national as sociation of every business group in the United States is on record against this unjust charge. The utterly flimsy nature of the pretense that these check-collection charges constitute “ a rea sonable compensation for service rendered” is revealed by the simple statement that, notwith standing the Federal Reserve Act expressly per mits clearing banks to make a “ reasonable charge,” to be determined by the Reserve Board, the actual cost to the banks is so inappreciable that no actuary has ever been discovered with skill enough to find out what is “ a reasonable charge.” It has even been computed that the net balance under the old system was against the banks exacting these fees. The benefits which accrue to business men and to the public generally under the par clearance system as conducted by the federal reserve banks may be summarized briefly as follows: (i) It enables the business man to get ioo per cent, payment o f his invoices in the most con venient and expeditious manner. This means T 304 AN ADVENTURE IN CONSTRUCTIVE FINANCE that when he receives a $100 check for a #100 in voice he gets $10 0 for it, not less. (2) It has made the check of the business man, be he merchant, manufacturer, or farmer, a much more satisfactory and acceptable means of pay ment for all purchases, even in distant cities. It has relieved him from having to purchase drafts or carry bank balances at distant places in order to make distant payments. (3) It has reduced to a minimum the time re quired to collect checks, thereby making the proceeds of a check available to its owner much sooner than formerly. (4) It results in a much more expeditious handling of checks, thus providing prompt advice and return of dishonoured checks, and minimiz ing the chance o f loss through bank failures. The Legal Status The par clearance o f checks by federal reserve banks is conducted pursuant to the express pro visions of the Federal Reserve Act, which have been construed by the Supreme Court of the United States to mean that: (1) Federal reserve banks are required by law to receive and collect at par all checks drawn upon member banks of the Federal Reserve System; (2) Federal reserve banks are authorized to A SUMMARY OF ACHIEVEMENTS 305 receive and collect checks drawn upon non member banks, if such checks can be collected at par; (3) Member banks are required by law to re mit at par for checks drawn upon themselves and presented to them for payment by federal re serve banks; (4) I f non-member banks remit at all for checks forwarded to them by federal reserve banks they must remit at par; and (5) Federal reserve banks are prohibited by law from paying exchange. The principles mentioned above are definitely established by the decisions in the cases of Amer ican Bank & Trust Co. v. Federal Reserve Bank of Atlanta, 262 U. S. 643; Farmers & Merchants Bank v. Federal Reserve Bank of Richmond, 262 U. S. 649, and Pascagoula National Bank v. Federal Reserve Bank o f Atlanta, 3 Fed. (2nd) 465, 1 1 Fed. (2nd) 866,46 Sup. Ct. 637. Neither the Federal Reserve Board nor the federal re serve banks, therefore, have any option in the matter and cannot permit banks to deduct ex change when remitting for checks presented by federal reserve banks. The services of the reserve system in connec tion with what is called the “ gold problem” should be mentioned in this same connection, especially as they have seldom been correctly 306 an ad ven tu r e in c o n st r u c tiv e fin a n c e appraised. At the close of the war we had on hand a substantial national stock of gold, but the post-war years brought immense transfers of the metal to our shores, as foreign countries adopted this mode of settling their obligations and as new production of gold found itself obliged to seek a market where the price was not regu lated. The outcome was an increase in gold holdings up to an amount which is now variously estimated as anywhere from $4,000,000,000 to $4,500,000,000, or probably about one third o f the visible gold supply of the world. This large holding of gold has of late years been held to the extent of almost two thirds in the vaults of the reserve banks. As it has come into the Anited States, it has been used by the member banks to which it was consigned for the purpose of paying off their obligations to the federal reserve banks of their respective districts. The federal reserve banks have held it as the basis for their outstanding credit. T hey have thus kept it from entering immediately into circulation and so constituting the foundation for an extended in flation in prices and values as it might have, had the system not been in existence. Whatever may be thought of the discount policy of the re serve system there can be no doubt that in one way or another the gold holdings referred to have been protected from the direct drafts which A SUMMARY OF ACHIEVEMENTS 307 would otherwise have been brought to bear on them. Thus an important service to the general object of price stabilization has been rendered. Underlying this obvious and conspicuous ser vice rendered by the gold settlement and par col lection systems, is the equally real but less com monly recognized economy of reserves which the new plan rendered possible. The gold settle ment and par clearance systems render it possible to use every unit of specie available in the country as the basis, upon occasion, of grants of credit. This does not necessarily contribute in any w ay whatever to inflation under proper management of banking resources but it does enable individual institutions to make the most of their funds and to keep them active with as little loss of reserve strength as may be. Figures recently compiled by the Federal Reserve Board show that the average reserves of the United States, taking all member banks, are only about 7.5 per cent, notwithstanding that the reserve strength and general liquidity of the country are undoubtedly far ahead of what they were before the war when the average reserve strength was probably double this figure. “ Toning U p” the Credit System Attention should also be given to the genuine success the reserve system has had in improving 308 an a d v en tu r e in c o n st r u c tiv e fin a n c e credit analysis and commercial paper. M any efforts had been made to accomplish some degree o f unity in commercial paper usage and some de gree of strictness in credit analysis before the war. But the success in either direction had been incomplete and partial. The reserve sys tem has not only introduced various new types o f paper which under proper conditions of use are desirable auxiliaries to current methods of financing, as in the case of bankers’ acceptances, but it has also contributed largely to uniformity of accounting statements and standardization of credit information. The progress in these par ticulars has been greater in some districts than in others, but it has been real in all, and it has had an important and directly beneficial effect in “ toning u p ” the entire credit system of the United States. To-day statistical analysis of the credit position of the country can be made with an accuracy previously unknown and as a result the accurate ascertainment of the actual credit position at any time is now practically feasible. This is an improvement in the general credit situation whose importance cannot be ignored, and is much more far-reaching in its significance than any of the more conspicuous and widely known achievements of the system. The assistance of the federal reserve system to the farming community during the difficult times A SUMMARY OF ACHIEVEMENTS 309 through which that community has passed has seldom been properly appraised. Most liberal provision for the discounting of farmers’ paper was made in the original Federal Reserve Act. Indeed the Act erred rather upon the side of over liberality than upon that of niggardliness. The Federal Reserve Board went even further and gave an extremely broad interpretation of the provisions of the law relating to farm paper so that hardly a legitimate productive activity of the farm, giving rise to straightforward com mercial paper, could fail of receiving accommoda tion at the reserve institutions. The banks, particularly those in the producing regions of the country, conceived it to be their duty to render full assistance to the farmer and, as was shown by an actual investigation of the holdings of reserve banks and their members in 1922, the amounts so advanced by members of the system in semi-agricultural and agricultural counties, taking the country as a whole, was certainly not less than #4,650,000,000 or 24 per cent, of all loans. In 1920, the total estimated amount of farm paper rediscounted by reserve banks them selves was about #2,000,000,000. In addition to this ordinary or direct financing, the reserve banks have been extremely liberal in their dis counting of acceptance and other paper, issued for the purpose of enabling farmers and their 310 AN ADVENTURE IN CONSTRUCTIVE FINANCE associations to carry farm products in warehouses and elevators. Add to this the fact that the reserve banks have at all times given first atten tion to export paper, including that representing shipments of farm products to other countries, and the invaluable service rendered by these in stitutions to the farmer and to agricultural enter prise in general can be properly appraised. Trade Acceptances and Other Services It is well worth noting that since the war the reserve system has from time to time played an important part in contributing to the rehabili tation and restoration of foreign currency and banking systems. In 1925, the Federal Reserve Board authorized the establishment of a credit by the twelve banks of the reserve system in behalf of the Bank of England which was then engaged in bringing about a return to the gold standard in Great Britain. The system had already contributed to the restoration of affairs in Poland and has since then undertaken to per form a like service in connection with the mone tary reform in Belgium. There are other and less well known channels through which reserve banks have placed the fluid funds of the Lnited States at the service of continental countries which could show that they were on the road to greater soundness. One of them was seen in the authorization of the Board for the purchase of trade acceptances endorsed by German banks at a time when the gradual restoration o f sound conditions in Germany was being sought at the conclusion of the inflation period. The system has constantly purchased in our own market sound investments for, and held funds in behalf of, foreign banks. And in addition to all of these valuable services, it has constantly dis counted for and bought, from branches and agencies of foreign banks established in the United States, paper representing the move ment of goods from those countries to ours and from this to other nations. In fact, this service of the reserve system has resulted, even in spite of our lack o f foreign branches, in greatly reducing the cost o f carrying on foreign trade and in facilitating the movement of goods to points of exportation, and from there abroad. The system has not limited itself to paper growing out of our direct trade with other countries, but has expressly taken the position that it will recognize the eligibility o f paper growing out of foreign trade between any nations in which American interests are concerned. So in a variety of ways it has tended to facilitate not only our own immediate foreign business but also foreign business of every description. The an nual purchases and rediscounts o f acceptances _____ 312 AN ADVENTURE IN CONSTRUCTIVE FINANCE growing out o f foreign trade, made by reserve banks, have at times been as high as #1,700,000,000 or more. As is well known, these accept ances have been purchased at very close figures, the acceptance rate being usually the lowest rate for such paper prevailing anywhere in the world. All this has tended to transfer to the United States a great deal of financing which formerly found its centre in London and in other parts of the world, not merely because the capital could be found in the United States but because there existed here a money market machinery which was available and which could be used at low rates for the purpose of financing the opera tions involved. This has been recognized all over the world as a contribution to foreign trade finance which has immensely helped in making possible the regular functioning of a foreign trade machinery that had been badly disorganized as a result of the war and the conditions following the struggle, while it has also been accepted by them as an improvement upon the financing plans which had previously obtained. It would be difficult to enumerate the various achievements of the federal reserve system in any adequate way. It has existed during a period of world reconstruction in which the maintenance of sound or even endurable conditions depended upon having an elastic adaptable banking A SUMMARY OF ACHIEVEMENTS 3 13 system available as a constant reliance. This the reserve system has supplied and its value and success have been found in the fact that in the beginning of its history the system was by its constituent Act, thanks to the protection of the measure from injurious amendment, given a well-modelled and vigorous structure. S ummary of T hings D one for B u sin ess b y the F ed e r a l R e se r v e S ystem (As Seen by the United States Chamber of Commerce.)1 1. It has given business greater confidence in the ability of the banks to care for credit needs. 2. It has introduced an elastic currency and eliminated money panics. 3. It has eliminated extreme seasonal fluctu ations in rates of interest. 4. It has brought business safely through the war and post-war crises. 5. It has saved millions of dollars to business through its par payment system for check collection. 6. It has made the gold reserve more effective as a basis for credit extension in times of ex traordinary demand. 7. It has aided in the financing of foreign and 314 AN ad v en tu r e in c o n st r u c tiv e fin a n c e domestic trade by developing a discount market for acceptances. 8. It has provided a means for handling huge financial operations of the government without interference with business. 9. It has aided in the reestablishment of the gold standard abroad. 10. It has given us an experienced banking organization which will assist us in meeting the future exigencies of business at home and abroad with courage and confidence. a p p e n d ix a S P E E C H OF HON. C A R T E R G L A SS. In the H o u se o f R e p r e s e n t a t iv e s DECEMBER 22, 1913 The House had under consideration the conference report on the bill (H. R. 7837) to provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford means of rediscounting com mercial paper, to establish a more effective supervision of banking inthe United States, and for other purposes. Mr. G l a ss . M r . S p e a k e r, on th e 18 th d a y o f la s t S e p te m b e r th is H o u se, b y a v o te o f 286 to 85, p assed H . R . 7 8 3 7 , k n o w n as th e c u rre n c y b ill. T h e co n ferees on th e p a rt o f th e H o u se to reco n cile th e d iffere n ce s w ith th e S e n a te n o w h a v e th e p lea su re o f re p o rtin g th e bill b ac k w ith o u t one sin gle fu n d a m e n ta l a lte ra tio n o f its s tru c tu re . I h ad p u rp o sed m a k in g a d e ta ile d e x p la n a tio n o f th e ch an ges in th e b ill, b u t in th e lim ite d tim e re m a in in g I can o n ly in d ic a te to th e H o u se ju s t w h a t w a s done in con feren ce co n c ern in g th e S e n a te a m e n d m e n t to th e H o u se b ill, w h ich w a s in th e n a tu re o f a s u b s titu te . ORGANIZATION COMMITTEE T h e H o u se bill p ro v id e d fo r an o rg a n iz a tio n co m m ittee v e ste d w ith th e p o w e r o f p u ttin g th e n e w re gio n al re se rv e b a n k sy ste m in p ra c tic a l o p e ra tio n , th e said c o m m ittee to be com posed o f th e S e c r e ta r y o f th e T r e a s u r y , th e S ec re- 3 18 AN ADVENTURE IN CONSTRUCTIVE FINANCE t a r y o f A g ric u ltu re , and th e C o m p tro lle r o f th e C u rre n c y . T h e S e n a te a lte red th is p ro v isio n b y e lim in a tin g th e S e c re t a r y o f A g ric u ltu re and th e C o m p tro lle r o f th e C u rre n c y and s u b s titu tin g tw o m e m b ers o f th e f ed era l R e s e rv e B o a rd to be d e sig n a te d b y th e P re sid e n t. th e H o u se p ro v isio n w a s re sto re d . In con feren ce T h e H o u se co n ferees re g a rd e d it as e x c e e d in g ly im p o rta n t t h a t th e C o m p tro lle r o f th e C u rre n c y , h a v in g in tim a te k n o w led g e o f all th e d e ta ils o f b a n k in g , sh o u ld be a m em b er o f th e o rg a n i z a tio n co m m itte e ; and also th e S e c r e ta r y o f A g ric u ltu re , w h o , a t th is tim e , h ap p e n s to be ex p e rien c ed in eco n o m ics. M o re o v e r, it w a s o b je c te d t h a t th e S e n a te a m en d m en t w o u ld in d e fin ite ly d e la y th e o rg a n iz a tio n o f th e s y ste m b y reason o f th e fa c t t h a t th e w o rk o f o rg a n iz a tio n cou ld n o t proceed u n til th e P re sid e n t sh ou ld first d e sig n a te at le a s t tw o m em b ers o f th e F e d e ra l R e s e rv e B o a rd , w h ich cou ld n o t in te llig e n tly be done u n til th e b o u n d a ry lines o f th e v a rio u s regio n s cou ld first be esta b lish e d . T h u s th e a lte ra tio n b y th e S e n a te w a s re g a rd e d b y th e H o u se co n ferees as im p ra c tic a b le ; and th e o rg a n iz a tio n o f th e sy ste m w ill, co n se q u e n tly , d e v o lv e u pon th e S e c r e ta r y o f th e T r e a s u ry , th e S e c re ta ry o f A g ric u ltu re , an d th e C o m p tro lle r o f th e C u rre n c y , as p ro v id e d o rig in a lly in th e H o u se b ill. FEDERAL RESERVE BOARD T h e S e n a te a m en d m en t also e lim in a te d fro m m e m b er sh ip on th e F e d e ra l R e s e r v e B o a rd th e S e c r e ta r y o f A g r i c u ltu re and th e C o m p tro lle r o f th e C u rre n c y . b y th e S e n a te reflected T h is actio n th e d e lib e ra te o p in io n o f th e D e m o c ra tic P a r t y c a u c u s a n d a p p a r e n tly re p re se n te d th e u n an im o u s co n v ic tio n o f th e ca u c u s and th e S e n a te . The H o u se co n ferees sign ified a w illin g n e ss to y ie ld w ith re sp ect to th e S e c re ta ry o f A g ric u ltu re , b u t stre n u o u s ly re sisted the p ro p o sitio n to elim in a te th e C o m p tro lle r o f th e C u rre n c y . T h e co n ferees on th e p a rt o f th e S e n a te lo n g p e rsisted in th e d e te rm in a tio n n o t to p e rm it th is o fficial to h old m em b ersh ip on th e F e d e ra l R e s e r v e B o a rd , b u t th e H o u se co n ferees, w ith eq u a l p e rtin a c ity , in sisted th a t th e C o m p tro lle r o f th e C u rre n c y , a lr e a d y ch a rg ed b y la w w ith th e su p e r v isio n an d w ith a la rg e p o w e r o f co n tro l o f th e n a tio n a l b a n k s o f th e c o u n try , w a s b y v ir tu e o f his o fficial d u tie s p e c u lia rly su ited fo r m e m b ersh ip on th e b o ard . The H o u se co n ferees p r e v a ile d ; so t h a t th e F e d e ra l R e s e rv e B o a rd w ill be com p osed o f th e S e c r e ta r y o f th e T r e a s u r y , th e C o m p tro lle r o f th e C u rre n c y , and fiv e m e m b ers to be ap p o in ted b y th e P re sid e n t fo r term s o f i o y e a r s ea ch , in ste a d o f 6 y e a r s , as o rig in a lly p ro v id e d in th e H o u se b ill, and w ith sa la rie s o f $ 12 ,0 0 0 p e r an n u m , in ste a d o f $ 10 ,0 0 0 p e r a n n u m , as p ro v id e d in th e H o u se bill. NUMBER OF BANKS C o n c e rn in g th e n u m b e r o f re g io n a l re se rv e b a n k s to be e sta b lish e d , th e H o u se b ill, as y o u k n o w , p ro v id e d th a t th ere sh ould n o t be less th a n 1 2 , le a v in g su b se q u e n t in crea se in th e n u m b er o f b a n k s to th e ju d g m e n t o f th e F e d e ra l R e s e rv e B o a rd . T h e S e n a te am en d ed th e bill in th a t p a rtic u la r so as to p ro v id e t h a t th e n u m b e r o f b a n k s sh ou ld n o t be less th a n 8 n o r m o re th a n 1 2 . O n th a t p o in t th e H o u se co n ferees y ie ld e d . VOTING FOR DIRECTORS In th is co n n e ctio n , th e H o u se b ill p ro v id e d th a t th e d i re cto rs o f cla sse s A and B o f th e re g io n a l re se rv e b a n k s— th e first cla ss p e c u lia rly re p re s e n ta tiv e o f th e b a n k in g in te re st and th e second c la ss re p re s e n ta tiv e o f th e b u sin e ss T 320 AN ADVENTURE IN CONSTRUCTIVE FINANCE c o m m u n ity — sh o u ld be selected fro m a p p ro v e d lis ts to be su p p lied b y th e sto c k h o ld in g b a n k s. T h e S e n a te so am en d ed th is p ro v isio n as to ex te n d th e field o f ch o ice, p e rm ittin g th e e le cto rs to v o te fo r a n y in d iv id u a l in th e re g io n a l re se rv e d istr ic t. R e g a rd in g th is as an u t t e r ly im p ra c tic a b le , i f n o t in te rm in a b le , p ro cess, th e H o u se co n ferees stood firm and th e S e n a te y ie ld e d . T h e H o u se a cce p te d th e S e n a te m o d ifica tio n co n c ern in g a p re fe re n tia l b a llo t, so as to p re v e n t th e p o s s ib ility o f a tie v o te fo r d irec to rs. QUALIFICATIONS OF DIRECTORS C o n c e rn in g th e q u a lific a tio n o f d irec to rs o f regio n al re se rv e b a n k s, th e H o u se bill p ro v id e d th a t d ire c to rs o f class B cou ld not be o fficers, d ire c to rs, o r e m p lo y e e s o f m em b er b a n k s. T h e S e n a te so am en d ed th e p ro v isio n as to p ro h ib it sto ck h o ld ers o f m em b er b a n k s fro m b ein g d irec to rs o f cla ss B in th e re g io n a l re se rv e b a n k s ; b u t on th is p o in t th e S e n a te reced ed . CAPITALIZATION T h e H o u se bill p ro v id e d th a t th e c a p ita l o f th e regio n al re se rv e b an k s sh o u ld be in a m o u n t e q u a l to 20 p e r c e n t , of th e c a p ita l o f m em b er b a n k s, o n e -h a lf to be p a id in, and th e o th e r h a lf s u b je c t to c a ll, b ein g in th e n a tu re o f a d ou ble lia b ility . T h e S e n a te so a lte re d th is p ro visio n as to p ro v id e th a t th e a g g re g a te c a p ita l o f a re gio n al re se rve b a n k shou ld be in a m o u n t e q u a l to 6 p e r cen t, o f th e c a p ita l and su rp lu s o f m e m b er b a n k s. T h e H o u se p ro v isio n w a s b ased u pon th e th e o ry th a t a b a n k ’ s c a p ita l sto c k is less lia b le to v a r ia tio n th a n its su rp lu s. N e v e rth e le ss , th e H o u se y ie ld e d on th is p o in t, n o t re g a rd in g it as a t all v ita l. In d e e d , th e a g g re g a te c a p ita l u n d e r th e one p ro visio n APPENDIX A 321 w ill be a p p ro x im a te ly th e sam e as th a t p ro v id e d b y th e o th e r p lan . EARNINGS In th e m a tte r o f d istrib u tio n o f th e e a rn in g s o f th e p ro posed regio n al re se rv e b a n k sy ste m th ere w a s q u ite a w id e d iffere n ce in th e S e n a te a m en d m en t fro m th e H o u se b ill. T h e H o u se b ill, as y o u w ill re ca ll, p ro v id e d a c u m u la tiv e d iv id e n d o f 5 p e r ce n t, to be p a id to th e sto ck h o ld in g b a n k s, a fte r w h ich a su rp lu s fu n d o f 20 p e r ce n t, w a s re q u ired to be e sta b lish e d b y th e re g io n a l re se rv e b a n k s. I he ex cess e a rn in g s a b o v e th e c u m u la tiv e 5 p e r cen t, d iv i dend and th e 20 p e r cen t, su rp lu s w e re to be d iv id e d be tw e en th e G o v e rn m e n t and th e sto c k h o ld in g b a n k s in a ra tio o f 60 p e r ce n t, to th e G o v e rn m e n t and 40 p e r cen t, to th e b a n k s. T h e G o v e rn m e n t’ s ea rn in g s w e re to be ap p lied to th e e x tin c tio n o f th e bonded in d eb ted n ess o f th e U n ite d S ta te s . T h e S e n a te so am en d ed th is p ro v isio n as to a llo w th e b a n k s a 6 p e r ce n t, c u m u la tiv e d iv id e n d and re q u ired th e re g io n a l re se rv e b a n k s to p ro v id e a su rp lu s o f 20 p e r c e n t., th e e n tire n et e a rn in g s in excess o f th e d iv id e n d and su rp lu s to g o to th e U n ite d S ta te s G o v e rn m e n t. H o w e v e r, o n e -h a lf o f th e G o v e rn m e n t’ s e a rn in g s w a s to c o n stitu te a fra n c h ise t a x and th e o th e r h a lf w a s to be a p p ro p ria te d to an in su ran c e fu n d fo r th e p ro te ctio n o f th e in d iv id u a l d e p o sito rs o f n a tio n a l b a n k s. SO-CALLED DEPOSIT INSURANCE T h is S e n a te a m en d m en t w a s b it t e r ly co n te sted b y th e H o u se co n ferees as b ein g a m ere p re ten se o f a d e p o sit g u a r a n ty . I t w a s, in d eed , n e ith e r a d e p o sit g u a r a n t y n o r a p o te n t in su ran ce fu n d , in th e ju d g m e n t o f th e co n ferees on th e p a rt o f th e H o u se. T h e re fo re th e H o u se co n ferees 322 AN ADVENTURE IN CONSTRUCTIVE FINANCE in siste d u pon th e m o d ifica tio n o f th e S e n a te am en d m en t b y s trik in g o u t th is a lleged d e p o sit in su ran c e, b u t p e rm ittin g th e c u m u la tiv e d iv id e n d to rem ain a t 6 p er ce n t, as fixed b y th e S e n a te , th e b ala n ce o f th e excess e a rn in g s o f th e sy ste m to go to th e U n ite d S ta te s G o v e rn m e n t. The v ie w o f th e H o u se co n ferees w a s th a t w h en w e h a v e , if e v e r w e sh all h a v e , a d e p o sit g u a r a n ty la w , th e t a x shou ld be assessed a g a in st th e b a n k s ; th a t th e b a n k s, in th a t e v e n t, shou ld be re q u ired to g u a ra n te e th e ir ow n d ep o si to r s ; and th a t n o t a d o lla r o f th e fu n d s o f th e U n ite d S ta te s G o v e rn m e n t sh ou ld be a p p lie d to t h a t p u rp o se . [A p p la u se .] T h e co n ferees on th e p a rt o f th e H o u se fe lt, re ga rd less o f th e m e rits o f th e p ro p o sitio n to in su re o r g u a ra n te e b a n k d e p o sits, th a t th e in c o rp o ra tio n o f th is S e n a te a m en d m en t h ere w o u ld d e la y in d e fin ite ly , i f n o t d e fe a t, th e p ro p o sitio n fo r a real d e p o sit g u a r a n t y la w . F o r th is reason th e H ou se co n ferees stood firm and th e S e n a te co n ferees y ie ld e d ; so th a t in th e b ill as rep o rted b a c k th ere is no p ro v isio n fo r an alleg ed d e p o sit in su ran ce. POWERS OF RESERVE BOARD T h e p o w e rs o f th e F e d e ra l R e s e rv e B o a rd w ere in som e m in o r p a rtic u la rs and in one o r tw o m a te ria l a sp ects a lte re d b y th e S e n a te a m en d m en t, n o ta b ly w h ere th e H o u se au th o riz ed th e F e d e ra l R e s e r v e B o a rd to co m p el one F e d e ra l re se rv e b a n k to re d isco u n t th e d isco u n te d p a p e r o f a n o th e r F e d e ra l re se rv e b a n k u n d e r c e rta in re stric tio n s. S u ch a u th o r ity cou ld o n ly be ex ercised in tim e o f e m er g e n c y and o n ly b y th e a ffirm a tiv e actio n o f fiv e o f th e seven m e m b ers o f th e F e d e ra l R e s e r v e B o a rd . T h e S e n a te a m en d m en t sw e p t a w a y e v e r y one o f th e re stric tio n s im posed b y th e H o u se b ill and v e ste d th e F e d e ra l R e s e rv e B o a rd w ith p le n a ry p o w e r to o rd e r th e re d isco u n t a t its p lea su re and b y a m a jo r it y v o te . T h e H o u se co n ferees in sisted upon a re sto ra tio n o f th e re q u ire m e n t th a t a t le a s t fiv e m e m b ers o f th e F e d e ra l R e s e r v e B o a rd m u s t co n cu r in th e p ro p o sed a ctio n . REDISCOUNTS In th e m a tte r o f re d isco u n t o p e ra tio n s th e o n ly m a te ria l ch a n ge m a d e b y th e S e n a te a m en d m en t to th e H o u se bill re la te s to th e tim e lim it o f c e rta in a g ric u ltu ra l cre d its. T h is , yo u w ill re ca ll, w a s an item o f th e bill w h ich p ro v o k e d co n sid era b le c o n tro v e rs y in th e H o u se D e m o c ra tic ca u cu s and in th e H o u se itse lf. In th e ju d g m e n t o f som e o f us th e d iffere n ce is m ore a p p a re n t th a n re al, and c e r ta in ly m ore p o litic a l th a n eco n o m ic. T h e H o u se b ill, k e e p in g c o n s ta n tly in v ie w th e c a p ita l p u rp o se o f e sta b lish in g re gio n a l re se rv e b a n k s w ith q u ick and liq u id a sse ts, p ro m p t ly and c e r ta in ly re sp o n siv e to th e c o m m e rc ia l, a g ric u ltu ra l, an d in d u stria l re q u ire m e n ts o f th e c o u n try , p ro v id e d a. 9 0 -d a y m a t u r it y fo r p a p e r s u b je c t to d isc o u n t, m a k in g no d isc rim in a tio n w h a tso e v e r fo r o r a g a in st th e m e rc h a n t, th e m a n u fa c tu re r, o r th e fa rm e r. T h e S e n a te a m e n d m e n t, in th e case o f a g ric u ltu ra l c re d its, e x te n d ed th e pe riod o f m a t u r it y to six m o n th s. T h e H o u se h a v in g re ve rsed it s e lf on th is p a r tic u la r p ro p o sitio n and h a v in g in s tru c te d th e H o u se co n ferees to y ie ld a m e n d m e n t, th e co n ferees a cq u iesc ed . on th e S e n a te In th is co n n ectio n , M r . S p e a k e r, I w ish to s a y t h a t w h ile th e H o u se co n ferees w o u ld h a v e , in a n y e v e n t, im p lic itly fo llo w e d th e in stru c tio n o f th e H o u se , w e d id so th e m o re r e a d ily in th is case fro m th e c o n v ic tio n th a t sound b a n k in g in s tin c t and u n iv e rsa l b a n k in g ex p e rien c e w ill ta k e c a re o f th e situ a tio n p resen ted b y th is ch a n ge in th e H o u se b ill. 324 AN ADVENTURE IN CONSTRUCTIVE FINANCE I n sh o rt, w e are p e rfe c tly co n fid en t th a t th ose to w h o m sh a ll be confid ed th e p o w e r and re sp o n sib ility o f a d m in iste r in g th is n ew b a n k in g and c u rre n c y s y ste m w ill h a v e th e w isd o m a n d co u ra g e to m a in ta in it in th e m o st efficie n t s ta te p o ssib le. RESERVES I n d e a lin g w ith th e re se rv e re q u ire m e n ts, th e S e n a te a m en d m en t to th e H o u se bill so m e w h a t stren g th e n ed th e re se rv e b y a d v a n c in g th e m in im u m re q u ire m e n t from 3 3 ! to 4 0 p e r c e n t, o f go ld o r la w fu l m o n e y , p re sc rib in g a fla t p e n a lty o f 1 p e r ce n t, on all im p a irm e n t o f th e re se rve b e h ind th e n o tes b etw een 40 p e r ce n t, and 32^ p e r c e n t., and a u th o riz in g th e F e d e ra l R e s e r v e B o a rd to assess a g ra d u a te d t a x o f p e r ce n t, p e r an n u m u pon each p e r cen t, o r fra c tio n th e re o f t h a t such re se rv e fa lls b elo w 32 ^ per c e n t. T h e re se rv e re q u ire m e n ts fo r in d iv id u a l b a n k s w a s v e r y m a te r ia lly red u ced b y th e S e n a te a m e n d m e n t; in d eed , it w a s loosened up to an a la rm in g e x te n t, m a k in g in fla tio n d a n g e ro u sly p ro b a b le . T h e S e n a te a m en d m en t did n o t re q u ire a d o lla r o f re se rv e to be k e p t in th e v a u lt s o f in d iv id u a l b a n k s, b u t m a d e it p o ssib le fo r e v e r y d o lla r o f th e re se rv e to be k e p t in th e re g io n al re se rv e b a n k s, th u s fr u s tr a tin g th e p u rp o se o f th e H o u se to p u t a sto p to th e v ic io u s p ra c tic e o f p y ra m id in g re se rv e s u n d e r w h ich th e te n d e n c y to in fla tio n is a lw a y s p o ssib le and in v itin g . T h e H o u se co n ferees a d ju s te d th is p o in t o f d iffere n ce n o t e n tir e ly to th e ir sa tisfa c tio n , b u t v a s t ly to th e b e tte rm e n t o f th e p ro v isio n , so th a t w h ile th e re se rv e re q u irem e n ts as to in d iv id u a l b a n k s are so m ew h a t less e x a c tin g th a n th e y w ere in th e H o u se b ill th e y are v e r y m u ch m o re e x a c tin g th a n th e y w e re in th e S e n a te a m en d m en t to th e H o u se b ill BOND REFUNDING T h e S e n a te r a d ic a lly a lte re d th e bond p ro v isio n o f th e T he p iv o ta l p o in t o f b a n k in g and c u rre n c y H o u se bill. re fo rm in th is c o u n try a ro u n d w h ic h c o n tr o v e r s y h a s ra g e d fo r a q u a r te r o f a c e n tu ry h a s been th e rig id an d in e la stic n a tu re o f a c u rre n c y b ased on G o v e rn m e n t b o n d s. I h e d em an d o f th e b a n k e r, th e te x tb o o k w rite r, th e b u s i ness m a n , and o th e r c u rre n c y e x p e rts h a s been fo r th e a b ro g a tio n o f th e b o n d -secu red c u rr e n c y sy ste m an d th e g ra d u a l su b stitu tio n th e re fo r o f a c u rr e n c y b ased on co m m e rcia l a sse ts an d im m e d ia te ly re sp o n siv e to b u sin ess re q u irem e n ts. T h a t h as been th e u n iv e rsa l c o n te n tio n o f all person s w h o h a v e a c le a r co m p reh en sio n o f th e q u estio n . I t h as been th e d e cla red p o lic y o f th e D e m o c r a tic P a r t y fo r y e a r s , th e d e c la ra tio n h a v in g a p p e a re d in sp ecific term s in th ree o f its re cen t n a tio n a l p la tfo rm s. N e v e rth e le ss , th e S e n a te in its w isd o m ra d ic a lly a lte re d th a t p ro visio n o f th e H o u se bill so as to m a k e an a p p re c i a b le re tire m e n t o f th e b o n d -secu red c u rre n c y u n lik e ly , i f n o t im p o ssib le. 1 he H o u se co n fere es ga in e d a m e a su re o f a d v a n ta g e b y so m o d ify in g th e S e n a te a m en d m en t as to m a k e p ro b a b le th e re tire m e n t o f a t le a s t $30 0 ,0 0 0 ,0 0 0 o f th e b on d -secu red c u rre n c y w ith in a period o f 20 y e a r s , and the p o ssib le re tire m e n t o f $50 0 ,0 0 0 ,0 0 0 o f t h a t c u rre n c y , to be su p ersed ed b y e la s tic F e d e ra l re se rv e c u rre n c y , b ased upon a gold re se rv e an d co m m erc ia l a sse ts, e x p a n d in g and c o n tra c tin g a u to m a tic a lly w ith th e b u sin ess re q u ire m e n ts o f th e c o u n try . . NO CHARGE FOR EXCHANGE O ne o f th e m o st im p o rta n t p ro v isio n s o f th e c u rre n c y bill p assed b y th is H o u se w a s th a t w h ich so u g h t to p u t an 326 AN ADVENTURE IN CONSTRUCTIVE FINANCE end to th e fla g ra n t abu se in v o lv e d in e x c e ssiv e ch a rges b y b a n k s th ro u g h o u t th e c o u n try fo r co llectio n s and e x ch a n ges. T h e H o u se bill p ro vid ed th a t e x c h a n g es should be m a d e a t p a r and t h a t ch a rg es fo r co llec tio n s shou ld n o t exceed th e a c tu a l co st to th e b a n k s. T h is item o f th e bill, as m o st o f y o u re m em b e r, w a s b itte r ly c o n tro v e rte d in th e D e m o c ra tic ca u cu s, and also in th e H o u se. N a t u r a lly th o u sa n d s o f b an k s d e riv in g la rg e p ro fits from th e p ra ctic e o f c h a rg in g c o n s tru c tiv e in te re st u pon ch eck s in tra n sit an d v e r y a r b itr a r y ch a rges fo r co llectio n s and fo r e x ch a n g e s e x h ib ite d g re a t d ista s te to th is p ro visio n o f the b ill. T h e y v ig o r o u s ly p ro te ste d to m e m b ers a g a in st th e in clu sio n o f th is p ro h ib itio n , and th u s th e e ffo rt to rem o ve th is t a x b u rd en u pon th e b u sin ess o f th e c o u n try w a s con te ste d w ith th e u tm o st p e rtin a c ity . H o w e v e r, th ose o f us in th e H o u se w h o so u g h t to te a r dow n th ese to llg a te s u pon th e h ig h w a y s o f co m m erce p re v a ile d . 1 he fig h t w a s re n ew ed in th e S e n a te , and th a t b o d y so m od ified th e H o u se p ro v isio n as to le a v e it so le ly w ith in th e d isc retio n o f the F e d e ra l R e s e rv e B o a rd to d im in ish o r abo lish th e e v il com p lain ed o f, as it m ig h t p lea se. declin ed to y ie ld on th is p o in t. The H o u se co n ferees T h e y in sisted upon such a m o d ifica tio n o f th e S e n a te am en d m en t as w ill e x a c t e x ch an ges a t p a r and re stric t c h a rg e s fo r co lle c tio n s to th e a c tu a l co st o f such tra n s a c tio n s to th e b a n k s. In b rie f, as th e bill n o w is re p o rted to th e H o u se th e b a n k s c a n n o t m a k e ex c h a n g e and co llectio n ch a rg es a sou rce o f p ro fit; th e y ca n n o t a n y lo n g e r c h a rg e c o n s tru c tiv e in te r e s t; th e y ca n n o t e x a c t a t a x fo r a th e o re tic a l tra n s fe r o f fu n d s from p o in t to p o in t w h en no tra n s fe r is a c t u a lly m a d e , b u t o n ly an e n tr y on th e books. T h e y can no lo n g er h a ra ss th e com m erce o f th e c o u n try n o r p en alize th e b u si n ess m en o f th e N a tio n b y an u n ju st ta x . W h ile th e APPENDIX A 327 H o u se co n ferees did n o t succeed in e n tire ly re sto rin g th e p ro v isio n as it le ft th is C h a m b e r, th e y v a s t ly im p ro v e d th e am en d m en t m ad e b y th e S e n a te . T h e p ro v isio n , as it sta n d s, w ill re su lt in an im m ense s a v in g to th e tra d e s people o f th e U n ited S ta te s . I t w ill e lim in ate th e a m a z in g w a ste fu ln e ss in cid e n t to m a n y in d ep en d en t collection o rg a n iz a tio n s b y s u b s titu tin g one co m p ac t collection s y s tem . I t w ill abolish th e ex c h a n g e ch a rg es a lto g e th e r and a p p re c ia b ly red u ce ch a rg es a g a in st co llectio n s. I sp ea k th u s co n fid e n tly o n ly in a n tic ip a tio n o f w ise actio n b y th e F e d e ra l R e s e rv e B o a rd w h en a p p o in ted . I f th e b o ard w ill h a v e th e w isd o m and co u ra ge to esta b lish im m e d ia te ly a co m p reh en sive and eco n o m ical plan o f b a n k cle arin g s, it w ill be d ifficu lt to co m p u te th e a d v a n ta g e s th a t th is sec tio n o f th e c u rre n c y bill w ill secure. W h ile som e b an k s w ill h a v e th e ir p ro fits d im in ish ed , it w ill be p ro fits to w h ich th e y are n o t fa ir ly en title d and fo r th e loss o f w h ich th e y w ill be m ore th a n co m p en sa ted b y th e b e tte r and sp eed ier fa c ilitie s a ffo rd ed fo r th e tra n sa c tio n o f b u sin ess. GOVERNMENT DEPOSITS In th e m a tte r o f G o v e rn m e n t d e p o sits th e H o u se b ill req u ired th a t th e re gio n al re se rv e b an k s sh ou ld be con s titu te d fiscal a gen ts o f th e U n ite d S ta te s G o v e rn m e n t and re q u ired th e S e c r e ta r y o f th e T r e a s u r y to d e p o sit all o f th e cu rre n t fu n d s o f th e G o v e rn m e n t in th ese b a n k s, o m it tin g , o f co u rse, th e T r e a s u r y tru s t fu n d s. T h e S e n a te so a lte re d th is p ro visio n o f th e H o u se bill as to m a k e it o p tio n a l w ith th e S e c r e ta r y o f th e T r e a s u r y to so d e p o sit th e G o v e rn m e n t fu n d s and to p lace it w ith in th e d isc retio n o f th a t o fficial to c o n stitu te th e re gio n al re se rv e b a n k s fisca l a g en ts o f th e U n ite d S ta te s G o v e rn m e n t. I h ave 328 AN ADVENTURE IN CONSTRUCTIVE FINANCE been u n ab le to g e t a n y c le a r p e rce p tio n o f th e reaso n fo r th is a lte ra tio n o f th e H o u se bill fu rth e r th a n th a t I a little su sp ect t h a t it w a s done fo r t a c tic a l p u rp o ses, p e rh a p s to e n a b le th e S e c r e ta r y o f th e T r e a s u r y to co m b a t th e sch em es o f in tra c ta b le b a n k e rs, sh o u ld th ere be su ch . T h e o b je c t o f th e fra m e rs o f th e H o u se bill in m a k in g th e p ro v isio n m a n d a to ry in ste a d o f d isc re tio n a ry w a s to fu rn ish the re gio n a l re se rv e b a n k s w ith th e id le fu n d s o f th e G o v e rn m e n t as a b asis fo r a c tiv e b u sin ess tra n sa c tio n s, and a t th e sam e tim e to co rrect th e u n scie n tific and senseless p rocess o f w ith d ra w in g th ese fu n d s from b usin ess ch an n els and im p o u n d in g th em in th e T r e a s u r y and su b -tre a su rie s. I t is sc a rc e ly th in k a b le th a t w e sh a ll e v e r h a v e a S e c re ta ry o f th e T r e a s u r y w h o w o u ld n o t so exercise th e d iscretio n co n ferred u pon h im b y th e b ill, as n o w re p o rted , as to c a r r y o u t th e re al p u rp o se w h ich th e H o u se h ad in v ie w w h en it m a d e th is p ro visio n m a n d a to r y ; hence, th e H o u se con ferees r e lu c ta n tly y ie ld e d th e p o in t a b o u t 3 o ’ clo ck th is m o rn in g . BANK EXAMINATIONS In th e m a tte r o f b a n k e x a m in a tio n s som e m in o r a lte r a tio n s w ere m a d e b y th e S e n a te a m en d m en t and som e te c h n ic a l ch a n g es also, w h ich w e re m od ified in co n feren ce so th a t th ere is little p ra c tic a l d ifferen ce b etw een th e S e n a te a m en d m en t and th e o rig in a l H o u se b ill. O ne n o ta b le ch a n ge m ad e b y th e S e n a te w a s an a u th o riz a tio n o f in q u isito ria l in v e stig a tio n s b y co m m ittee s o f th e H ou se u pon th e ir ow n in it ia t iv e ; b u t th e H o u se co n fere es in sisted u pon so a lte rin g th is a m en d m en t as to p e rm it in q u isito ria l actio n b y th e S e n a te and H o u se jo in t ly , o r b y e ith e r H o u se a c tin g th ro u g h a co m m ittee d ire c tly a u th o r ized to exercise in q u is ito ria l p o w ers. APPENDIX A 329 THE NOTE ISSUES T h e n o te p ro v isio n o f th e H o u se bill h as been b itte r ly a ssa ile d , both in th e o th e r b ran ch o f C o n g ress and b y c e rta in m en o f la rg e ex p erien ce and in flu en ce in b a n k in g . T h e p re sid e n t o f th e la rg e s t b a n k in g in stitu tio n in th e W e stern H e m isp h ere w e n t all o v e r th e c o u n try re c e n tly , ch a rg in g th a t th e F e d e ra l re se rv e n o tes p ro v id e d b y the H o u se bill and b y th e S e n a te a m en d m en t to th e H o u se b ill, s u b s ta n tia lly n o w m itte e , c o n stitu te re p o rted fro m fia t m o n e y .” th e co n feren ce com-! T h is ch a rg e w a s v e h e m e n tly ech oed , w ith o u t in v e stig a tio n o r re flectio n , as I am ob lig ed to b eliev e, in th e o th e r b ran ch o f C o n g re ss. M r . S p e a k e r, th e ch a ra c te riz a tio n is n o t o n ly in a c c u ra te , is n o t o n ly u n tru e , is n o t o n ly a m a z in g , b u t is p o s itiv e ly w a n to n . I h a v e said in sp eech es elsew h ere w h a t I sh all n o w re p e a t here. T h e re is n o t in th is c o u n try and th ere h as n e v e r been in a n y c o u n try o f th e civ ilize d w o rld a g o v e rn m e n t issue o r a b an k -n o te issu e c o m p ara b le in se c u r ity to th e F e d e ra l re se rv e n o tes p ro v id ed b y th e bill w h ich y o u a re n o w ask ed to e n a c t in to la w . [A p p lau se.] NOT AN ELEMENT OF FIATISM1 F ia t m o n e y ! W h y , sir, n e v e r since th e w o rld began w a s th e re such a p e rv e rsio n o f te rm s ; and a m o n th ago I stood b efo re a b rillia n t a u d ien ce o f 700 b an k e rs and b u sin ess m en in N e w Y o r k C it y , and th ere ch allen g ed th e p re sid e n t o f th e N a tio n a l C it y B a n k to n a m e a sin gle le x ic o g ra p h e r on th e fac e o f th e e a rth to w h o m he m ig h t a p p e a l to ju s t if y h is c h a ra c te riz a tio n o f th ese notes. I tw itte d h im w ith th e fa c t th a t n o t 1 Per ce n t, o f th e in te llig e n t b an k e rs o f ‘ F i a t m o n e y : P a p e r c u r r e n c y o f g o v e rn m e n t is su e , w h ic h is m a d e le g a l te n d e r b y fia t o r la w , d o e s n o t re p r e s e n t, o r is n o t b a se d u p o n , s p e c ie , an d c o n ta in s n o p ro m ise o f re d e m p t io n ,— Webster’s New International Dictionary . 330 AN ADVENTURE IN CONSTRUCTIVE FINANCE A m e ric a cou ld be in d u ced to agree w ith h is d efin itio n o f th ese n o tes, and ask ed him to n am e a sin gle fin a n c ia l w r ite r o f th e m e tro p o lita n press o f h is ow n to w n , to w h o m he m ig h t c o n fid e n tly a p p e a l to ju s t ify h is a b su rd c h a rg e . “ F ia t m o n e y ” is an irre d e e m a b le p a p e r m o n e y w ith no sp ecie b asis, w ith no go ld re se rv e , b u t th e v a lu e o f w h ic h d ep en d s so le ly u pon th e ta x in g p o w e r o f th e G o v e r n m en t e m ittin g it. T h is F e d e ra l re se rv e note h a s 40 p e r ce n t, go ld re se rve b eh ind i t ; h as 10 0 p er ce n t, sh o rt-te rm , gilt-e d g e co m m ercial p a p e r b eh in d it, w h ich m u st p a ss th e sc ru tin y , first, o f th e in d iv id u a l b a n k , n e x t o f th e re gio n a l re se rve b a n k , and fin a lly o f th e F e d e ra l R e s e r v e B o a rd . In a d d itio n to th is, it co n stitu te s a first and p a ra m o u n t lien on all th e a sse ts o f th e re gio n al re se rv e b a n k , in c lu d in g th e d ou ble lia b ilit y o f th e m em b er b a n k s ; a n d , su p era d d ed to th is, it h as b eh in d it th e ta x in g p o w e r, th e c re d it, and th e h on o r o f a N a tio n o f free peop le. T h e re is n o t a sem b la n c e o f fia tism a b o u t th ese n o te s; and a t th e v e r y m o m en t th a t M r . V a n d e r lip , o f th e N a tio n a l C i t y B a n k o f N e w Y o r k , w a s in C h ic a g o re c k le s s ly ch a ra c te riz in g th ese n o tes as “ f ia t ” m e a n in g w ith o u t su fficien t s e c u r ity — P a u l M . W a rb u rg , p e rh a p s th e g re a te s t in te rn a tio n a l b a n k e r in A m e ric a , w a s h ere in W a sh in g to n p ro te stin g to m e t h a t th e s e c u r ity b eh in d th e n o tes w a s e n tire ly to o e x a c tin g ! M r . V a n d e rlip m isses th e m a rk a m ile, w h ile M r . W a r b u rg is n o t fa r fro m b ein g rig h t; b u t w e h a v e th o u g h t it b e tte r to e rr on th e side o f p ru d en ce ra th e r th a n in c u r th e risk s o f in s e c u rity . DANGEROUS TALK N o m an w ith th e p re stig e o r in flu en ce w h ich id e n tific a tion w ith one o f th e g re a te s t b a n k in g in stitu tio n s in th e APPENDIX A 331 w orld g iv e s h im shou ld fa il to a p p re c ia te th e im p o rta n c e o f his p u b lic u tte ra n c e s. H e should n o t fa il to u n d e rsta n d th a t his re sp o n sib ility to so c ie ty tra n scen d s th a t o f a m ere in d iv id u a l; an d I p re d ic t w ith g re a t confid ence t h a t w h en th e p resid en t o f th e N a tio n a l C it y B a n k o f N e w Y o r k com es to realize h ow in c o n sid era te w a s h is c h a ra c te riz a tio n o f th ese F e d e ra l re se rv e n o tes, as w ell as h ow d a n g e r o u s, he w ill re g re t e v e r h a v in g g iv e n u tte ra n c e to such an ill-co n ce ive d opin io n . W h en th e in stitu tio n w h ich he h ea d s sh all h a v e b ecom e a p a rt o f and a fa c to r in th e s y s tem w h ich th is b ill p ro v id e s M r . V a n d e rlip w ill be ash am ed to rem em b er th a t he m a d e su ch a b itte r and u t t e r ly u n fa ir a ss a u lt on th e m easu re. A n d , M r . S p e a k e r, i f th is be tru e o f a g re a t b a n k officer, w ith a m a n ife st s e lf-in te re st a t s ta k e , w ith h ow m u ch g r e a te r force m a y th is rep ro ach fo r a lik e offen se be d irected a t a M e m b e r o f C o n g ress o f th e U n ite d S ta te s , w ith o n ly h is c o u n try to se rv e . I said a w h ile ago th a t th is ch a rg e o f “ fia t is m ” w a s v e h e m e n tly echoed in th e o th e r bran ch o f C o n g re ss. I t cou ld n o t h a v e been fr a n k ly done u pon an in te llig e n t a n a ly s is o f th e p ro v isio n s o f th e b ill, and it sh ould n o t h a v e been done w ith o u t su ch an e x a m in a tio n . B u t th e criticism w a s m a d e w ith su ch fe rv o r and such absen ce o f q u a lific a tio n as to m a k e th e ch a rg e e sp e c ia lly a la rm in g to fo reign in v e sto rs in A m e ric a n sec u rities. In d eed , it w a s m a d e in such ra n k fash io n as to p u t in je o p a r d y a b ro a d th e c re d it o f o u r en tire b a n k in g and c u rre n c y sy ste m as p rop osed in th is m e asu re. I desire h ere to e n te r in d ig n a n t p ro te st a g a in st such c ritic ism . T h e c o n stitu tio n a l d u t y o f a C o n g ressm a n to w a rn h is c o u n try o f p erils w h ich he m a y foresee is n o t g r e a te r th a n th e m o ra l o b lig a tio n to sound no false a la rm . A n d , in e ith e r e v e n t, th e o b lig a tio n assu m es th e n a tu re 332 AN ADVENTURE IN CONSTRUCTIVE FINANCE o f a g ra v e re sp o n sib ility w h en th e C o n g re ssm a n sp e a k in g ad d s to th e re p u ta tio n o f a g re a t la w y e r th e fa m e o f an in te rn a tio n a l sta te sm a n . N o m an o f th is ty p e , w ith su ch re sp o n sib ilitie s, shou ld fo r p a r t y a d v a n ta g e o r fo r a n y p u rp o se trifle w ith th e c re d it o f his c o u n try , e ith e r a t h om e o r a b ro a d . AS TO INFLATION T h is b ill, in its H o u se fo rm , h as lik e w ise been su b je c te d to th e c ritic ism o f p ro v id in g a w id e ra n ge o f “ in fla tio n .” O n th is p o in t I h a v e been m ore am u sed th a n e x a sp e ra te d , b ecau se th e s ta r tlin g in co n siste n cie s o f th e c ritic s h a v e been s im p ly lu d ic ro u s. O n th e v e r y d a y th a t M r . F o rg a n , a g re a t b a n k e r, w a s a sse rtin g b efo re th e S e n a te co m m ittee th a t th e bill “ im m e n se ly c o n tra c te d co m m ercial c r e d its ,” h is fe llo w to w n sm a n , M r . D a w e s , e x -C o m p tro lle r o f th e C u rre n c y , w a s p ro c la im in g o u t W e st th a t th e bill m o u sly in fla ted co m m ercia l c r e d its .” en o r S u r e ly it cou ld not do b oth th in gs a t th e sam e tim e ; n o r w ill it e v e r do eith e r a t a n y tim e . I t w ill affo rd a la rg e ex p a n sio n o f cre d its, w h en needed, u pon a p e rfe c tly sound b a sis and in su re ce rta in c o n tra c tio n o f c red its a t th e end o f le g itim a te com m e rcia l tra n sa c tio n s. T h is w a s w h a t it w a s design ed to do, and w ith o u t th e p o w er to do w h ich th e bill w o u ld be m a n ife s tly d eficien t. T h is c h a rg e o f “ in fla tio n ,” lik e th e c ritic ism in regard to th e “ f i a t ” n a tu re o f th e n o tes, w a s echoed in th e S e n a te ; and y e t th e bill cam e b a c k from th e S e n a te w ith th e p o ssi b ilitie s o f in fla tio n v a s t ly in c rea sed . T h e o n ly th in g done in th e o th e r b o d y to d im in ish th e p o ssib ilitie s o f o v e r ex p a n sio n w a s s lig h tly to in crea se th e go ld re se rv e ; b u t a t th e sam e tim e th e bill w a s so am en d ed in th e o th e r b o d y as to p e rm it th e b a n k s to co u n t th e F e d e ra l re se rve n o tes as re se rv e ; th e re se rv e re q u irem e n ts w ere a p p re c ia b ly re- d u c e d ; b a n k s w e re acco rd ed th e d a n g e ro u s p riv ile g e o f u n re stric te d “ a c c e p ta n c e s,” and o th e r th in g s w e re done t h a t m a d e th e b ill, fo r th e first tim e , a m en a b le to th e c h a rg e th a t it p ro v id e d “ in fla tio n .” B u t th e H o u se co n ferees in siste d u pon a re sto ra tio n o f s a fe g u a rd s. A s th e bill n o w sta n d s w e h a v e p ro v id e d a g a in st in fla tio n in a lm o st e v e r y c o n c e iv a b le w a y — b y th e re q u ire m e n t o f a s u b s ta n tia l go ld re se rv e ; b y th e re q u ire m e n t o f a se c o n d a ry re se rv e o f sh o rt-tim e co m m erc ia l p a p e r; b y re stric tin g th e p o w e r o f th e re se rv e b o ard to issu e n o tes e x c e p t u pon a p p lic a tio n fro m th e b a n k s ; b y th e in te r p o sitio n o f b a n k in g in s tin c t and e x p e rien c e a p p lied in a th re e fo ld d egree— th a t is to s a y , b a n k in g d isc retio n is a p p lie d in th e o rig in a l d isc o u n t o p e ra tio n o f th e in d iv id u a l b a n k ; b a n k in g d isc retio n is a p p lie d in th e re d isco u n t o p e ra tio n o f th e re gio n al re se rv e b a n k ; b a n k in g d isc retio n is a p p lie d w h en th e F e d e ra l R e s e r v e B o a rd p asses u pon th e a p p lic a tio n o f th e re g io n al re se rv e b a n k fo r a d d itio n a l c u r re n c y . T h u s in fla tio n is h eld in ch eck , first, b y th e lim ite d s u p p ly o f g o ld ; seco n d , b y th e lim ite d a m o u n t o f sh o rttim e co m m ercia l p a p e r; th ird , b y th e b a n k in g d isc retio n o f th e in d iv id u a l b a n k ; fo u rth , b y th e b a n k in g d isc retio n o f th e re gio n al re se rv e b a n k ; fifth , b y th e b a n k in g d is cretio n o f th e F e d e ra l R e s e r v e B o a rd , w ith a b ro ad v ie w o f co n d itio n s n o t in a sin gle d is tr ic t, b u t th ro u g h o u t th e en tire c o u n try . CHANGES SUMMARIZED W ith o u t d e sirin g to p ro lo n g th is re v ie w o f th e q u estio n s d iscu ssed and d e term in ed b y th e S e n a te and H o u se con ferees, I m a y b rie fly su m m a riz e th em as fo llo w s: i. The H o u se con ferees resto red th e S e c r e ta r y of A g ric u ltu re and C o m p tro lle r o f th e C u rre n c y to th e o rg a n iz atio n co m m ittee . _____ 334 AN a d v en tu r e in c o n st r u c tiv e fin a n c e 2. T h e H o u se con ferees resto red th e C o m p tro lle r o f th e C u r r e n c y to th e F e d e ra l R e s e rv e B o a rd , g iv in g th e P re s id e n t p o w e r to a p p o in t fiv e m e m b ers w ith io - y e a r term s in stea d o f six w ith 6 -y e a r term s. 3. T h e H o u se co n ferees s tru c k o u t th e p ro v isio n from th e S e n a te bill a u th o riz in g d o m estic a cce p ta n ces. 4. T h e H o u se co n ferees th re w o u t th e so -called “ in su r ance o f d e p o s its ” p ro visio n . 5. T h e H o u se co n ferees th re w o u t th e S e n a te p ro visio n p e rm ittin g F e d e ra l re se rv e n o tes to be used as re se rv e s in th e in d iv id u a l b an k s. 6. T h e H o u se in serted a p ro visio n re q u irin g th a t th e n et e a rn in g s go in g to th e G o v e rn m e n t shou ld be ap p lied to th e go ld re d em p tio n fu n d o r to th e re d u ctio n o f th e bonded in d eb ted n ess o f th e U n ite d S ta te s . 7. T h e H o u se in serted a p ro visio n re q u irin g th a t b ran ch b a n k s sh all be o p e ra te d b y a b o a rd o f seven d irec to rs, h a v in g th e sam e q u a lific a tio n s as d ire c to rs o f th e fe d e r a l re se rv e b a n k s, fo u r to be a p p o in ted b y th e p a re n t b an k and th ree b y th e F e d e ra l R e s e rv e B o a rd . 8. T h e H o u se a lte red th e S e n a te re se rv e fe a tu re s so as to ex te n d th e tra n sitio n period fro m tw o to th ree y e a r s , as w a s p ro v id ed in th e H o u se bill. 9. T h e H o u se so a lte red th e S e n a te re se rv e p ro visio n as to re q u ire th a t a t le a st o n e-th ird o f th e re se rv e s o f c o u n try b a n k s sh ou ld be h eld in th e v a u lt s o f th e lo ca l b a n k s, w h erea s th e S e n a te p ro v isio n p e rm itte d a ll th e re se rv e s to be h eld in th e v a u lt s o f th e re se rv e b a n k . 10 . T h e H o u se co n ferees p r a c tic a lly resto red th e co l lectio n a t p a r o f ch eck s and ex c h a n g es. 1 1 . A n ew section on b a n k e x a m in a tio n s w a s w ritte n , o m ittin g som e o f th e o b je c tio n a b le p ro v isio n s p u t in b y th e S en a te. 12 . T h e H o u se co n ferees so am en d ed th e S e n a te bond p ro visio n as to req u ire th e re tirem en t o v e r a p eriod o f 20 y e a rs o f a b o u t $ 30 0 ,0 0 0 ,0 0 0 o f th e b o n d -secu red n a tio n a lb a n k n o tes, w h erea s the S e n a te a m en d m en t did n o t p ro v id e fo r th e re tirem en t o f m ore th an $ 12 5 ,0 0 0 ,0 0 0 . 1 3 . T h e H o u se co n ferees th re w o u t th e p ro visio n pro h ib itin g d irec to rs o f th e F e d e ra l rese rve b a n k s, class C , fro m b ein g sto ck h o ld ers o f a n y b a n k , and p ra c tic a lly re sto red th e H o u se p ro visio n re q u irin g d irec to rs o f th is class to be selected fro m a lis t su p p lied b y th e F e d e ra l rese rve b an k . 14 . T h e H o u se co n ferees p r a c tic a lly resto red th e H o u se re stric tio n s in th e m a tte r o f re q u irin g one F e d e ra l re se rve b a n k to re d isco u n t fo a n o th er F e d e ra l re se rv e b an k . 1 5 . T h e H o u se con ferees lim ite d th e d en o m in a tio n s o f th e n o tes to be issu ed to $ 5 m in im u m , s trik in g o u t th e $ 1 and $ 2 p ro visio n o f th e S e n a te , w h ic h , it w a s co n te n d e d , w o u ld cau se in fla tio n . 16 . T h e S e n a te p ro visio n fixin g a n u m b er o f b a n k s a t n o t less th a n 8 o r m o re th an 1 2 sta n d s, as a g a in st th e H o u se p ro v isio n m a k in g th e n u m b er n o t less th a n 12 . 1 7 . T h e re w a s a co m p ro m ise on th e m in im u m c a p ita l, th e S e n a te bill re q u irin g $3,0 0 0 ,0 0 0 and th e H o u se bill $5 ,0 0 0 ,0 0 0 . T h e c a p ita l w a s fin a lly fixed to $4 ,0 0 0 ,0 0 0 . 18 . T h e S e n a te p ro v isio n s trik in g th e S e c re ta ry o f A g r i c u ltu re o ff th e F e d e ra l R e s e rv e B o a rd stan d s. 19 . T h e S e n a te m e th o d o f b a llo tin g fo r d irec to rs w a s re ta in ed . 20. T h e S e n a te in crea se o f go ld re se rv e b eh in d th e n o te issu es to 40 p e r c e n t., w ith a g ra d u a te d t a x fo r fa llin g b elow th a t a m o u n t, sta n d s. 2 1 . T h e m eth o d o f ra isin g th e c a p ita l o f th e F e d e r a l re se rv e b a n k s on c a p ita l and su rp lu s o f m em b er b a n k s in - I ... . 336 AN ADVENTURE IN CONSTRUCTIVE FINANCE stea d o f on c a p ita l alon e w a s re tain e d in th e S e n a te am en d m en t. 22. T h e S e n a te in c rea se o f sa la rie s o f m em b ers o f th e F e d e ra l R e s e r v e B o a rd from $ 10 ,0 0 0 to $ 12 ,0 0 0 is re ta in e d , as is th e a lte ra tio n in th e term o f se rv ic e fro m 6 to 1 0 y e a rs . 2 3 . T h e re w ere se v e ra l h u n d red a lte ra tio n s o f th e te x t o f th e S e n a te a m en d m en t. ESSENTIALLY THE HOUSE BILL T h e re a re , M r . S p e a k e r, m a n y m in o r a lte ra tio n s in th e te x t o f th e H o u se b ill, b u t th ere is none in its e ssen tial fe a tu re s. T h e re also are m a n y ch an ges in th e d e ta ils o f th e S e n a te a m en d m en t, an d in m a tte rs o f p h ra se o lo g y th ere are n u m erou s a lte ra tio n s o f both th e H o u se bill and th e S e n a te a m en d m en t. B u t , in th e la s t a n a ly s is , th e m e asu re h ere p re sen ted as th e co n feren ce re p o rt u pon th e d isa g re ein g v o te s o f th e tw o H o u ses is in all fu n d a m e n ta l re sp ects th e H o u se c u rre n c y bill. T h e re p o rt is p resen ted w ith th e co n fid en t h op e and e x p e c ta tio n th a t it w ill be a d o p te d and th a t C o n g re ss w ill h a v e th u s w ritte n u pon th e s ta tu te bo ok s le g isla tio n th a t h a s been so re ly needed and in s is te n tly dem an d ed b y th e b a n k in g and b u sin ess in te re sts o f th e c o u n try fo r m a n y y e a rs . A P P E N D IX B FED ER A L R ESER V E ACT (APPROVED DECEMBER 23, 1913) As amended Aug. 4, 1914 (38 Stat., 682, Chap. 225); Aug. 15, 1914 (38 Stat., 691, Chap. 252); Mar. 3, 1915 (38 Stat., 958, Chap. 93); Sept. 7, 1916 (39 Stat., 752, Chap. 461); June 21, 1917 (40Stat., 232, Chap. 32); Sept. 26, 1918; Mar. 3, 1919; Sept. 17, 1919; Dec. 24, 1919; Apr. 13, 1920. An Act To provide for the establishment of Federal reserve banks, to furnish an elastic currency, to afford means of rediscounting com mercial paper, to establish a more effective supervision of bankinginthe United States, and forother purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, T h a t th e sh o rt title o f th is A c t sh a ll be th e “ F e d e ra l R e s e r v e A c t .” W h e re v e r th e w o rd “ b a n k ” is used in th is A c t , th e w ord sh all be held to in clu d e S ta te b an k , b a n k in g a sso c ia tio n , and tru s t c o m p a n y , e x c e p t w h ere n a tio n a l b an k s o r F e d e ra l re se rv e b an k s are sp e c ific a lly referred to. T h e term s “ n a tio n a l b a n k ” and “ n a tio n a l b an k in g a s s o c ia tio n ” used in th is A c t sh a ll be h eld to be s y n o n y m o u s and in te rc h a n g e a b le . T h e te rm “ m em b er b a n k ” sh all be held to m ean a n y n a tio n a l b a n k , S ta te b a n k , or b a n k o r tru s t c o m p a n y w h ich h as b ecom e a m e m b er o f one o f th e re se rve b a n k s c rea ted b y th is A c t. T h e term “ b o a r d ” sh all be held to m ean F e d e ra l R e s e rv e B o a r d ; th e term “ d is t r ic t ” sh all be h eld to m ean F e d e ra l rese rve 337 338 AN ADVENTURE IN CONSTRUCTIVE FINANCE d is tr ic t; th e term “ re se rv e b a n k ” sh a ll be held to m ean F e d e ra l re se rve b an k . FEDERAL RESERVE S ec. 2. D IS T R IC T S A s soon as p ra c tic a b le , th e S e c re ta ry o f th e T r e a s u r y , th e S e c re ta ry o f A g ric u ltu re and th e C o m p tro ller o f th e C u rre n c y , a c tin g as “ T h e R e s e r v e B a n k O rg a n i z a tio n C o m m itte e ,” sh a ll d e sig n a te n o t less th an eigh t n o r m ore th a n tw e lv e cities to be k n ow n as F e d e ra l re se rv e cities, and sh a ll d iv id e th e co n tin e n ta l U n ited S ta te s , ex c lu d in g A la s k a , in to d istric ts, each d istric t to co n ta in o n ly one o f su ch F e d e ra l re se rv e cities. T h e de te rm in a tio n o f said o rg a n iz a tio n co m m ittee sh all n o t be su b je c t to re v ie w e x c e p t b y th e F e d e ra l R e s e rv e B o a rd w h en o rg a n iz e d : a p p o rtio n ed w ith Provided, du e T h a t th e d istric ts sh all be re g a rd to th e co n ve n ien ce and c u s to m a ry cou rse o f b u sin ess an d s h a ll n o t n e c e ssa rily be co term in o u s w ith a n y S t a t e o r S ta te s . T h e d istric ts th u s c rea ted m a y be re a d ju ste d and n ew d istric ts m a y fro m tim e to tim e be cre a te d b y th e F e d e ra l R e s e r v e B o a rd , not to exceed tw e lv e in a ll. S u ch d istric ts sh all be k n ow n as F e d e ra l re se rv e d istric ts and m a y be d e sig n a te d b y n u m b er. A m a jo r it y o f th e o rg a n iz a tio n co m m itte e sh all c o n stitu te a q u o ru m w ith a u th o rity to a ct. S a id o rg a n iz a tio n c o m m ittee sh a ll be a u th o rized to e m p lo y cou n sel and e x p e rt aid , to ta k e te stim o n y , to send fo r person s and p a p ers, to a d m in iste r o a th s, and to m a k e su ch in v e stig a tio n as m a y be deem ed n e c e ssa ry b y th e said c o m m ittee in d e term in in g th e re se rv e d istric ts and in d e sig n a tin g th e citie s w ith in such d istric ts w h ere such F e d e ra l re se rv e b a n k s sh all be s e v e ra lly lo ca te d . T h e said co m m itte e sh all su p e rv ise th e o rg a n iz atio n in each o f th e cities d e sig n a ted o f a F e d e ra l re se rv e b a n k , w h ich APPENDIX B 339 sh all in clu d e in its title th e n am e o f th e c it y in w h ich it is situ a te d , as “ F e d e ra l R e s e rv e B a n k o f C h ic a g o .” U n d e r re g u la tio n s to be p rescrib ed b y th e o rg a n iz atio n co m m ittee , e v e r y n a tio n a l b a n k in g asso ciatio n in the U n ite d S ta te s is h e re b y req u ired , and e v e r y e lig ib le b a n k in th e U n ite d S ta te s and e v e r y tru s t c o m p a n y w ith in the D is tr ic t o f C o lu m b ia , is h e re b y a u th o riz ed to s ig n ify in w ritin g , w ith in s ix t y d a y s a fte r th e p a ssa g e o f th is A c t, its a cce p ta n ce o f th e term s and p ro v isio n s h ereof. th e o rg a n iz a tio n W h en co m m itte e sh a ll h a v e d e sig n a ted the cities in w h ich F e d e ra l re se rv e b a n k s are to be o rgan ized , and fixed th e g e o g ra p h ic a l lim its o f th e F e d e ra l re se rve d istric ts , e v e r y n a tio n a l b a n k in g a sso c iatio n w ith in th a t d istric t sh all be re q u ired w ith in t h ir t y d a y s a fte r n o tice from th e o rg a n iz a tio n co m m ittee , to su b scrib e to the c a p ita l sto ck o f such F e d e ra l re se rv e b a n k in a sum eq u a l to six p e r cen tu m o f th e p a id -u p c a p ita l sto c k and su rp lu s o f such b a n k , o n e-six th o f th e su b sc rip tio n to be p a y a b le on ca ll o f th e o rg a n iz a tio n co m m itte e o r o f th e F e d e ra l R e s e r v e B o a rd , o n e-six th w ith in th ree m o n th s and onesix th w ith in six m o n th s th e re a fte r, and th e re m a in d e r o f th e su b sc rip tio n , o r a n y p a rt th ere o f, sh all be s u b je c t to c a ll w h en d eem ed n e c e ssa ry by th e F e d e ra l R e s e rv e B o a rd , said p a y m e n ts to be in gold o r go ld ce rtific a te s. T h e sh areh o ld ers o f e v e r y F e d e ra l re se rv e b a n k sh a ll be h eld in d iv id u a lly resp o n sib le, e q u a lly and r a t a b ly , and n o t one fo r an o th er, fo r all c o n tra c ts, d e b ts, an d en g ag em e n ts o f such b a n k to th e e x te n t o f th e a m o u n t o f th e ir su b scrip tio n s to such sto ck a t th e p a r v a lu e th e re o f in a d d i tio n to th e a m o u n t su b sc rib ed , w h e th e r su ch su b sc rip tio n s h a v e been p aid u p in w h o le o r in p a rt u n d e r th e p ro v isio n s o f th is A c t. A n y n a tio n a l b a n k fa ilin g to s ig n ify its a c c e p ta n c e o f th e term s o f th is A c t w ith in th e s ix t y d a y s a fo re sa id , 340 AN ADVENTURE IN CONSTRUCTIVE FINANCE sh all cease to a c t as a re se rv e a g e n t, upon t h ir t y d a y s ’ n o tice, to be g iv e n w ith in th e d isc retio n o f th e said o r g a n iz a tio n co m m ittee o r o f th e F e d e ra l R e s e r v e B o a rd . S h o u ld a n y n a tio n a l b a n k in g a sso c iatio n in th e U n ite d S ta te s n o w o rgan ized fa il w ith in one y e a r a fte r th e p a s sage o f th is A c t to becom e a m e m b er b a n k o r fa il to com p ly w ith a n y o f th e p ro v isio n s o f th is A c t a p p lic a b le th e re to , a ll o f th e rig h ts, p riv ile g e s, and fra n c h ise s o f su ch a sso c iatio n g ra n te d to it u n d e r th e n a tio n a l-b a n k A c t, o r u n d e r th e p ro v isio n s o f th is A c t, sh a ll be th e re b y fo rfe ited . A n y n o n co m p lia n ce w ith o r v io la tio n o f th is A c t sh a ll, h o w e v e r, be d eterm in ed and a d ju d g e d b y a n y co u rt o f th e U n ite d S ta te s o f c o m p ete n t ju risd ic tio n in a su it b ro u g h t fo r t h a t p u rp o se in th e d istric t o r te r r ito r y in w h ich su ch b a n k is lo c a te d , u n d e r d irec tio n o f th e F e d e ra l R e s e r v e B o a rd , b y th e C o m p tro lle r o f th e C u rre n c y in h is ow n n am e b efo re th e a sso c iatio n sh all be d eclared d isso lved . In ca ses o f su ch n o n co m p lian ce o r v io la tio n , o th e r th a n th e fa ilu re to becom e a m e m b er b a n k u n d er th e p ro v isio n s o f th is A c t , e v e r y d ire c to r w h o p a rtic ip a te d in o r a ssen ted to th e sam e sh a ll be h eld lia b le in his p er so n al o r in d iv id u a l c a p a c ity fo r all d a m a g e s w h ich said b an k , its sh a re h o ld e rs, o r a n y o th e r person sh a ll h a v e su s ta in ed in co n seq u en ce o f su ch v io la tio n . S u ch d isso lu tio n sh a ll n o t ta k e a w a y o r im p a ir a n y re m e d y a g a in st such c o rp o ra tio n , its sto ck h o ld ers or officers, fo r a n y lia b ilit y o r p e n a lty w h ich sh a ll h a v e been p re v io u sly in cu rred . S h o u ld th e su b sc rip tio n s b y b a n k s to th e sto ck o f said F e d e ra l re se rve b a n k s o r a n y one o r m ore o f th em be, in th e ju d g m e n t o f th e o rg a n iz a tio n co m m ittee , in su fficien t to p ro v id e th e a m o u n t o f c a p ita l req u ired th e re fo r, th en and in th a t e v e n t th e said o rg a n iz a tio n co m m ittee m a y , u n d er co n d itio n s and re g u la tio n s to be p rescrib ed b y it, APPENDIX B 341 o ffer to p u b lic su b sc rip tio n a t p a r such an a m o u n t o f sto ck in said F e d e ra l re se rv e b a n k s, o r a n y one or m o re o f th em , as said c o m m ittee sh all d e term in e, su b je c t to th e sam e co n d itio n s as to p a y m e *'" an d sto c k lia b ility as p ro v id ed fo r m em b er b an k s. No in d iv id u a l, co p a rtn e rsh ip , or c o rp o ra tio n o th e r th a n a m e m b er b a n k o f its d is tr ic t sh a ll be p e rm itte d to su b sc rib e fo r o r to h old a t a n y tim e m ore th a n $ 2 5 ,0 0 0 p a r v a lu e o f sto ck in a n y F e d e ra l re se rv e b an k . Such sto c k sh a ll be k n o w n as p u b lic sto c k and m a y be tra n s ferre d on th e b o ok s o f th e F e d e ra l re se rv e b a n k b y the ch a irm a n o f th e b o erd o f d irec to rs o f su ch b an k . Sh o u ld th e to ta l su b sc rip tio n s b y b a n k s and th e p u b lic to th e sto c k o f said F e d e ra l re se rv e b a n k s, o r a n y one or m o re o f th em , be, in th e ju d g m e n t o f th e o rga n iz atio n co m m itte e , in su ffic ien t to p ro v id e th e a m o u n t o f c a p ita l re q u ire d th e re fo r, th en and in th a t e v e n t th e said o rg a n i z a tio n c o m m ittee sh a ll a llo t to th e U n ite d S ta te s such an a m o u n t o f said sto c k as said c o m m ittee sh a ll d eterm in e. S a id U n ite d S ta te s sto c k sh all be p aid fo r a t p a r o u t o f a n y m o n e y in th e T r e a s u r y n o t o th e rw ise a p p ro p ria te d , an d sh all be h eld b y th e S e c r e ta r y o f th e T r e a s u r y and d isp osed o f fo r th e b en efit o f th e U n ite d S ta te s in such m a n n er, a t such tim e s, and a t su ch p rice, n o t less th a n p a r, as th e S e c r e ta r y o f th e T r e a s u r y sh a ll d e term in e. S to c k n o t h eld b y m e m b e r b a n k s sh a ll n o t be e n title d to v o tin g pow er. T h e F e d e ra l R e s e r v e B o a rd is h e re b y em p ow ered to a d o p t and p ro m u lg a te ru les and re g u la tio n s g o v e rn in g th e tra n sfe rs o f said sto ck . N o F e d e ra l re se rv e b a n k sh a ll co m m en ce b u sin ess w ith a su b scrib ed c a p ita l less th a n $4,0 0 0 ,0 0 0 . T h e o rg a n iz a tio n o f re se rv e d istric ts and F e d e ra l re se rv e cities sh all n o t be co n stru ed as c h a n g in g th e p re sen t s ta tu s o f re se rv e 342 AN ADVENTURE IN CONSTRUCTIVE FINANCE cities and c e n tra l re se rv e citie s, e x c e p t in so fa r as th is A c t ch a n g es th e a m o u n t o f re se rv e s t h a t m a y be ca rried w ith a p p ro v e d re se rv e a g en ts lo ca te d th ere in . T h e o r g a n iz a tio n co m m itte e sh a ll h a v e p o w er to a p p o in t such a ssista n ts and in c u r such exp en ses in c a rry in g o u t the p ro v isio n s o f th is A c t as it sh all deem n e c e ssa ry , and such exp en ses sh all be p a y a b le b y th e T re a s u re r o f th e U n ite d S ta te s u pon v o u c h e r a p p ro v e d b y th e S e c re ta ry o f th e T r e a s u r y , and th e sum o f £ 10 0 ,0 0 0 , o r so m u ch th e re o f as m a y be n e c e ssa ry , is h e re b y a p p ro p ria te d , o u t o f a n y m o n e y s in th e T r e a s u r y n o t o th e rw ise a p p ro p ria te d , fo r th e p a y m e n t o f su ch exp en ses. BRANCH OFFICES A s amended b y act approved Ju n e 2 1 , Sec. 3. 19*7 ( 4 ° Sta t., 2 3 2 , chap. 32 ). T h e F e d e ra l R e s e r v e B o a rd m a y p e rm it or re q u ire a n y F e d e ra l re se rv e b a n k to e sta b lish b ran ch b a n k s w ith in th e F e d e ra l re se rv e d istr ic t in w h ich it is lo ca te d o r w ith in th e d istr ic t o f a n y F e d e ra l re se rv e b a n k w h ich m a y h a v e been su sp en d ed . S u c h b ran c h e s, s u b je c t to such ru les and re g u la tio n s as th e F e d e ra l R e se rv e B o a rd m a y p re scrib e , sh a ll be o p e ra te d u n d e r th e su p e rv isio n o f a b o ard o f d ire c to rs to co n sist o f n o t m ore th a n seve n n o r less th a n th re e d ire c to rs, o f w h o m a m a jo r it y o f one sh a ll be a p p o in ted b y th e F e d e ra l re se rv e b a n k o f th e d istr ic t, and th e re m ain in g d ire c to rs b y th e F e d e ra l R eserve B o a rd . D ire c to rs of b ran c h banks sh a ll h old office d u rin g th e p lea su re o f th e F e d e ra l R e se rv e B o a rd FEDERAL RESERVE BANKS A s amended by act approved Ju n e 2 1 , 1 9 1 7 (40 S ta t., 2 3 2 , chap. 32)5 act approved Septem ber 26, 19 18 . S ec. 4. W h en th e o rg a n iz a tio n c o m m ittee sh a ll h a v e esta b lish e d F e d e ra l re se rv e d istr ic ts as p ro v id e d in sec- I I APPENDIX B 343 tio n tw o o f th is A c t , a c e rtific a te sh all be filed w ith th e C o m p tro lle r o f th e C u rre n c y sh o w in g th e g e o g ra p h ic a l lim its o f such d istric ts and th e d e sign a ted in each o f such d istric ts. F e d e ra l re se rv e c ity T h e C o m p tro lle r o f th e C u ir e n c y sh all th ereu p o n ca u se to be fo rw a rd e d to each n a tio n a l b an k lo ca ted in each d istric t, and to such o th e r b an k s d eclared to be e lig ib le b y th e o rg a n iz atio n co m m ittee w h ich m ay a p p ly th e re fo r, an ap p lica tio n b la n k in form to be a p p ro v e d b y th e o rg a n iz atio n com m itte e , w h ich b la n k sh all co n ta in a reso lu tio n to be ad o p ted b y th e b o ard o f d irec to rs o f each b an k ex e cu tin g such a p p lic a tio n , a u th o riz in g a su b sc rip tio n to th e ca p i ta l sto ck o f th e f e d e r a l re se rv e b an k o rg a n iz in g in th a t d istr ic t in a cco rd a n ce w ith th e p ro v isio n s o f th is A c t. W h en th e m in im u m a m o u n t o f c a p ita l sto ck p rescrib ed b y th is A c t fo r th e o rg a n iz a tio n o f a n y F e d e ra l re se rve b a n k sh all h a v e been su b sc rib ed an d a llo tte d , th e o rg a n i z a tio n c o m m ittee sh all d e sig n a te a n y fiv e b an k s o f th ose w h ose a p p lic a tio n s h a v e been re ce iv e d , to e x e cu te a cer tific a te o f o rg a n iz a tio n , and th ereu p o n th e b an k s so deslg n a ted sh a ll, u n d er th e ir sea ls, m a k e an o rg a n iz atio n c e rtific a te w h ich sh all sp e c ific a lly sta te th e n am e o f such F e d e ra l re se rve b a n k , th e te rrito ria l e x te n t o f th e d istric t o v e r w h ich th e o p e ra tio n s o f such F e d e ra l re se rv e b a n k are to be ca rried on, th e c it y and S ta te in w h ich said b an k is to be lo ca ted , th e a m o u n t o f c a p ita l sto ck and th e n u m b er o f sh a re s in to w h ich th e sam e is d iv id e d , th e n am e and p lac e o f d o in g b u sin ess o f each b an k e x e cu tin g such c e rtific a te , and o f all b an k s w h ich h a v e su b scrib ed to th e c a p ita l sto ck o f such F e d e ra l re se rv e b a n k and th e n u m b er o f sh a re s su b scrib ed b y each , and th e fa c t th a t th e c e rtific a te is m a d e to en a b le th ose b a n k s e x e c u tin g sam e, an d all b an k s w h ich h a v e su b sc rib ed o r m a y th e re a fte r su b sc rib e to th e c a p ita l sto ck o f su ch F e d e ra l reserve 344 AN ADVENTURE IN CONSTRUCTIVE FINANCE b a n k , to a v a il th e m se lv e s o f th e a d v a n ta g e s o f th is A c t. T h e said o rg a n iz a tio n c e rtific a te sh a ll be a ck n o w led ge d befo re a ju d g e o f som e c o u rt o f reco rd o r n o ta r y p u b lic ; and sh all be, to g e th e r w ith th e a c k n o w le d g m e n t th e re o f, a u th e n tic a te d tra n s m itte d by th e seal o f su ch co u rt, o r n o ta r y , to th e C o m p tro lle r o f th e C u rre n c y , w h o sh a ll file, reco rd and c a re fu lly p re se rv e th e sam e in h is office. U p o n th e filin g o f such c e rtific a te w ith th e C o m p tro lle r o f th e C u rre n c y as a fo re sa id , th e said F e d e ra l re se rv e b a n k sh all becom e a b o d y c o rp o ra te , and as su ch , and in th e n a m e d e sig n a te d in su ch o rg a n iz a tio n c e rtific a te , sh all h a v e p o w er— F ir s t . T o a d o p t and use a c o rp o ra te seal. S econ d . T o h a v e su ccession fo r a period o f tw e n ty y e a r s fro m its o rg a n iz atio n u n less it is sooner d isso lv ed b y an A c t o f C o n g re ss, o r u n less its fran c h ise becom es fo rfe ited b y som e v io la tio n o f la w . T h ir d . T o m a k e c o n tra c ts. F o u rth . T o sue and be su ed , co m p la in an d d e fen d , in a n y co u rt o f la w o r e q u ity . F ift h . T o a p p o in t b y its b o ard o f d irec to rs su ch officers and e m p lo y e es as are n o t o th e rw ise p ro v id ed fo r in th is A c t, to define th e ir d u tie s, re q u ire bon d s o f th em and fix th e p e n a lty th ere o f, and to d ism iss a t p lea su re such offi cers o r em p lo y e es. S ix th . T o p re scrib e b y its b o ard o f d ire c to rs, b y -la w s n o t in c o n siste n t w ith la w , re g u la tin g th e m a n n er in w h ich its g e n e ra l b u sin ess m a y be co n d u cted , and th e p riv ile g e s g ra n te d to it b y la w m a y be exercised and e n jo y e d . S e v e n th . T o exercise b y its b o ard o f d irec to rs, o r d u ly a u th o riz ed officers or a g e n ts, all p ow ers sp e c ific a lly g ra n te d b y th e p ro visio n s o f th is A c t and such in c id e n tal APPENDIX B 345 p ow ers as sh all be n e c e ssa ry to c a r r y on th e business o f b a n k in g w ith in th e lim ita tio n s p rescrib ed b y th is A c t. E ig h t h .1 U pon d e p o sit w ith th e T re a s u re r o f th e U n ited S ta te s o f a n y bonds o f th e U n ite d S ta te s in th e m a n n e r p ro v id e d b y e x istin g la w re la tin g to n a tio n a l b a n k s, to re ceive fro m th e C o m p tro lle r o f th e C u rre n c y c irc u la tin g n o tes in b la n k , re gistere d and co u n tersign ed as p ro v id ed b y la w , e q u a l in am o u n t to th e p a r v a lu e o f th e bonds so d e p o sited , such n o tes to be issu ed in d er the sam e co n d itio n s and p ro v isio n s o f la w as re la te to the issu e o f c irc u la tin g n o tes o f n a tio n a l b an k s secured b y bonds o f th e U n ite d S ta te s b ea rin g th e circ u la tin g p riv ileg e, e x c e p t th a t th e issu e o f such n o tes sh all n o t be lim ite d to th e c a p ita l sto ck o f such F e d e ra l re se rv e b an k . B u t no F e d e ra l re se rv e b an k sh all tra n s a c t a n y b u si ness e x c e p t such as is in c id e n ta l and n e c e ssa rily p re lim i n a r y to its o rg a n iz a tio n u n til it h as been au th o rized b y th e C o m p tro lle r o f th e C u rre n c y to com m en ce business u n d e r th e p ro v isio n s o f th is A c t. E v e r y F e d e ra l re se rv e b a n k sh a ll be co n d u cted u n d er th e su p e rv isio n and co n tro l o f a b o ard o f d irec to rs. T h e b o ard o f d ire c to rs sh all p erfo rm th e d u tie s u s u a lly a p p e rta in in g to th e office o f d ire c to rs o f b a n k in g asso cia tio n s and all such d u tie s as are p rescrib ed b y law . S a id b o ard sh a ll a d m in iste r th e a ffa irs o f said b an k f a ir ly and im p a r tia lly and w ith o u t d isc rim in atio n in fa v o r o f o r a g a in st a n y m e m b er b a n k o r b a n k s and sh a ll, s u b je c t to th e p ro v isio n s o f la w and th e o rd ers o f th e F e d e ra l R e s e r v e B o a rd , ex te n d to each m e m b er b a n k such d isc o u n ts, a d v a n c e m e n ts, and a cco m m o d a tio n s as iS e c s e c t .c n 1 8 . A ls o se c . 5 o f a c t a p p r o v e d A p r . 23, 1 9 1 8 . a u th o r iz in g is su a n c e o f $ 1 an d $2) a g a in s t se f e d e r a l R e s e r v e B a n k n o te s in a n y d e n o m in a tio n s ( in c lu d in g c u r it y o f U n ite d S t a t e s c e r tific a t e s o f in d e b te d n e s s, o r o f U n ite d S t a t e s o n e - y e a r gold n o te s . > * 346 AN ADVENTURE IN CONSTRUCTIVE FINANCE m a y be s a fe ly and re a so n a b ly m ad e w ith du e regard for th e claim s and d e m a n d s o f o th e r m em b er b a n k s. S u ch b o ard o f d irec to rs sh all be selected as h e re in a fte r specified and sh a ll co n sist o f nine m em b ers, h old in g office fo r th ree y e a rs , and d iv id e d in to th ree classes, d e sig n a ted as classes A , B , an d C . C la s s A sh all co n sist o f th ree m em b ers, w h o sh a ll be chosen b y and be re p re s e n ta tiv e o f th e sto ck h o ld in g b an k s. C la s s B sh all co n sist o f th ree m em b ers, w h o a t th e tim e o f th e ir election sh all be a c t iv e ly en gaged in th e ir d istric t in co m m erce, a g ric u ltu re , o r som e o th e r in d u stria l p u rsu it. C la s s C sh all co n sist o f th ree m em b ers w h o sh all be d e sig n a ted b y th e F e d e ra l R e s e rv e B o a rd . W h en the n e c e ssa ry su b sc rip tio n s to th e c a p ita l sto ck h a v e been o b tain e d fo r th e o rg a n iz a tio n o f a n y F e d e ra l re se rv e b a n k , th e F e d e ra l R e s e r v e B o a rd sh all a p p o in t th e cla ss C d irec to rs and sh a ll d e sig n a te one o f such d irec to rs as ch a irm a n o f th e b o ard to be selected . P en d in g th e d e sig n a tio n o f su ch ch a irm a n , th e o rg a n iz a tio n co m m ittee sh all exercise th e p o w ers and d u tie s a p p e rta in in g to th e office o f ch a irm a n in th e o rg a n iz a tio n o f su ch F e d e ra l re se rv e b an k . N o S e n a to r o r R e p r e s e n ta tiv e in C o n g re ss sh all be a m e m b er o f th e F e d e ra l R e s e r v e B o a rd o r an officer o r a d ire c to r o f a F e d e ra l re se rv e b an k . N o d ire c to r o f c la ss B sh a ll be an o fficer, d ire c to r, o r e m p lo y e e o f a n y b a n k . N o d ire c to r o f cla ss C sh all be an officer, d ire c to r, em p lo yee, o r sto ck h o ld e r o f a n y b an k . D ire c to rs o f cla ss A and cla ss B sh a ll be ch osen in th e fo llo w in g m a n n e r: T h e F e d e ra l R e s e r v e B o a rd sh a ll c la s s ify th e m em b er b an k s o f th e d istric t in to th ree g e n era l g ro u p s o r d iv i APPENDIX B sions, d e sig n a tin g each g ro u p b y n u m b er. 347 E a c h g ro u p sh all co n sist as n e a rly as m a y be o f b an k s o f sim ila r c a p i ta liz a tio n . Each m e m b er b a n k sh all be p e rm itte d to n o m in a te to th e ch a irm a n o f th e b o ard o f d irec to rs o f th e F e d e ra l re se rv e b a n k o f th e d istric t one c a n d id a te fo r d ire c to r o f cla ss A an d one ca n d id a te fo r d ire c to r o f class B. T h e ca n d id a te s so n o m in a ted sh a ll be listed b y th e c h a irm a n , in d ic a tin g b y w h om n o m in a te d , and a c o p y o f said list sh a ll, w ith in fifte en d a y s a fte r its co m p letio n , be fu rn ish ed b y th e ch a irm a n to each m em b er b an k . E ach m em b er b an k b y a reso lu tio n o f th e board o r b y an a m en d m en t to its b y -la w s sh all a u th o riz e its p resid en t, ca sh ier, o r som e o th e r o fficer to c a st th e v o te o f th e m em b e r b a n k in th e ele ctio n s o f cla ss A and class B d irecto rs. W ith in fifte en d a y s a fte r re ce ip t o f th e list o f ca n d id a tes th e d u ly a u th o rized officer o f a m e m b er b a n k sh all c e rtify to th e ch a irm a n h is first, seco n d , and o th e r choices fo r d ire c to r o f cla ss A and cla ss B , re sp e c tiv e ly , upon a p re fe re n tia l b a llo t u pon a fo rm fu rn ish ed b y th e ch a irm a n o f th e b o ard o f d irec to rs o f th e F e d e ra l re se rv e b an k o f th e d istric t. E a c h such officer sh a ll m a k e a cross o p p o site th e n a m e o f th e first, seco n d , and o th e r choices fo r a d ire c to r o f cla ss A and fo r a d ire c to r o f cla ss B , b u t sh all not v o te m ore th a n one ch oice fo r a n y one c a n d id a te . No o fficer o r d ire c to r o f a m em b er b a n k sh a ll be e lig ib le to se rv e as a cla ss A d ire c to r u n less n o m in a ted and elected b y b a n k s w h ich are m e m b ers o f th e sam e g ro u p as th e m em b er b a n k o f w h ich he is an o fficer o r d irec to r. A n y person w h o is an o fficer o r d ire c to r o f m ore th a n one m e m b er b a n k sh a ll n o t be elig ib le fo r n o m in a tio n as a cla ss A d ire c to r e x c e p t b y b a n k s in th e sam e g ro u p as th e b a n k h a v in g th e la rg e s t a g g re g a te reso u rces o f a n y o f th ose o f w h ich such p erson is an o fficer o r d ire c to r. A n y c a n d id a te h a v in g a m a jo r it y o f a ll v o te s c a s t in 348 AN ADVENTURE IN CONSTRUCTIVE FINANCE th e colum n o f first ch oice sh a ll be d e cla red elected . If no c a n d id a te h a v e a m a jo r it y o f all th e v o te s in th e first co lu m n , th en th ere sh a ll be ad d ed to g e th e r th e v o te s c a st b y th e electo rs fo r su ch ca n d id a te s in th e second colu m n and th e v o te s c a s t fo r th e se v e ra l ca n d id a te s in th e first co lu m n . I f a n y c a n d id a te th en h a v e a m a jo r it y o f th e electo rs v o tin g , b y a d d in g to g e th e r th e first an d second ch oices, he sh all be d e cla red ele cted . I f no c a n d id a te h a v e a m a jo r ity o f ele cto rs v o tin g w h en th e first and second ch oices sh all h a v e been a d d ed , th en th e v o te s c a st in th e th ird colu m n fo r o th e r ch oices sh a ll be ad d ed to g e th e r in lik e m a n n er, and th e c a n d id a te th en h a v in g th e h ig h e st n u m b er o f v o te s sh all be d e cla red ele cted . An im m e d ia te re p o rt o f electio n sh a ll be d eclared . C la s s C d irec to rs sh all be ap p o in ted b y th e F e d e ra l R e s e rv e B o a rd . T h e y sh all h a v e been fo r a t le a st tw o y e a rs re sid en ts o f th e d istr ic t fo r w h ich th e y a re a p p o in ted , one o f w h o m sh a ll be d e sig n a ted b y said b o ard as ch a irm a n o f th e b o ard o f d ire c to rs o f th e F e d e ra l re se rv e b an k and as “ F e d e ra l re se rv e a g e n t.” H e sh all be a person o f teste d b a n k in g ex p e rien c e, and in a d d itio n to his d u tie s as ch a irm a n o f the b o ard o f d ire c to rs o f th e F e d e ra l re se rv e b a n k he sh all be re q u ired to m a in ta in , u n d er re g u la tio n s to be e sta b lish e d b y th e F e d e ra l R e serv e B o a rd , a lo ca l office o f said b o a rd on th e p rem ises o f th e F e d e ra l re se rv e b an k . He sh a ll m ake re g u la r re p o rts to th e F e d e ra l R e s e rv e B o a rd and sh all a ct as its o fficial re p re se n ta tiv e fo r th e p e rfo rm an c e o f th e fu n c tio n s co n ferred upon it b y th is a ct. H e sh all re ceive an a n n u al co m p en satio n to be fixed b y th e F e d e ra l R e s e r v e B o a rd and p aid m o n th ly b y th e F e d e ra l re se rv e b an k to w h ich he is d e sig n a ted . a p p o in ted by O ne o f th e d irec to rs o f cla ss C sh all be th e F e d e ra l R eserve B o a rd as d e p u ty ch a irm a n to ex e rcise th e p ow ers o f th e ch a irm a n o f th e APPENDIX B b o ard w h en n e c e ssa ry . 349 In case o f th e a b se n ce o f th e c h a irm a n and d e p u ty c h a irm a n , th e th ird -c la ss C d ire c to r sh a ll p resid e a t m e etin g s o f th e b o ard . S u b je c t to th e a p p ro v a l o f th e F e d e ra l R e s e r v e B o a rd th e F e d e ra l re se rv e a ssista n ts. Such a g e n t sh a ll a p p o in t o n e o r m o re a ss is ta n ts , who sh a ll be p erson s of teste d b a n k in g ex p erien ce, sh a ll a ss is t th e F e d e ra l rese rve a g e n t in th e p e rfo rm an c e o f h is d u tie s and sh all also h a v e p o w e r to a c t in h is n a m e and stea d d u rin g his absence o r d isa b ility . T h e F e d e r a l R e s e r v e B o a rd sh all req u ire such bonds o f th e a ss is ta n t F e d e ra l re se rv e a gen ts as it m a y deem n e c e ssa ry fo r th e p ro te ctio n o f th e U n ited S ta te s . A ss is ta n ts to th e F e d e ra l re se rv e a g en t shall re ce iv e an a n n u a l c o m p en sa tio n , to be fixed and p aid in th e sam e m a n n e r as th a t o f th e F e d e ra l re se rv e agen t. D ire c to rs o f F e d e ra l re se rv e b a n k s sh a ll re ce iv e , in a d d itio n to a n y co m p en sa tio n o th e rw ise p ro v id e d , a re aso n ab le a llo w a n ce fo r n e c e ssa ry exp en ses in a tte n d in g m eetin g s o f th e ir re sp e c tiv e b o ard s, w h ich a m o u n t sh all be p a id b y th e re sp e c tiv e F e d e ra l re se rv e b an k s. Any co m p en sa tio n th a t m a y be p ro v id ed b y b o ard s o f d ire c to rs o f F e d e ra l re se rv e b a n k s fo r d ire c to rs, o fficers, o r em p lo yees sh all be s u b je c t to th e a p p ro v a l o f th e F e d e ra l R e s e rv e B o a rd . T h e R e s e rv e B a n k O rg a n iz a tio n C o m m itte e m a y , in o rg a n iz in g F e d e ra l re se rv e b a n k s, ca ll su ch m e etin g s o f b a n k d irec to rs in th e se v e ra l d istric ts as m a y be n e c e ssa ry to c a r r y o u t th e p u rp o ses o f th is A c t , and m a y exercise th e fu n ctio n s h erein co n ferred u pon th e ch a irm a n o f th e b o ard o f d irec to rs o f each F e d e ra l re se rv e b a n k pen d in g th e co m p le te o rg a n iz a tio n o f such b an k . A t th e first m e etin g o f th e fu ll b o ard o f d irec to rs o f each F e d e ra l re se rve b a n k , it sh all be th e d u t y o f the d irec to rs o f classes A , B , and C , re sp e c tiv e ly , to d e sig n a te one o f th e 350 AN ADVENTURE IN CONSTRUCTIVE FINANCE m e m b ers o f each cla ss w h ose term o f office sh all ex p ire in one y e a r from th e first o f J a n u a r y n e a re st to d a te o f such m e etin g , one w h ose term o f office sh all ex p ire a t th e end o f tw o y e a r s from said d a te , and one w h ose term o f office sh all ex p ire a t th e end o f th ree y e a rs from said d a te. T h e r e a fte r ev ery d ire c to r of a F e d e ra l re se rv e bank chosen as h ere in b e fo re p ro v id ed sh all h old office fo r a term o f th ree y e a rs . V a c a n c ie s th a t m a y o cc u r in the se v e ra l classes o f d ire c to rs o f F e d e ra l re se rv e b a n k s m a y be filled in th e m a n n e r p ro v id e d fo r th e o rig in a l selection o f such d ire c to rs, su ch a p p o in tee s to hold office fo r the u n exp ired term s o f th e ir p red ecesso rs. STOCK ISSUES; INCREASE AND DECREASE OF CAPITAL Sec. 5. T h e c a p ita l sto c k o f each F e d e ra l re se rv e b a n k sh all be d iv id e d in to sh a re s o f $ 1 0 0 each . T h e o u t s ta n d in g c a p ita l sto c k sh a ll be in crea sed from tim e to tim e as m em b er b a n k s in crea se th e ir c a p ita l sto ck and su rp lu s o r as a d d itio n a l b a n k s b ecom e m e m b ers, and m a y be d ecreased as m e m b er b a n k s red u ce th e ir c a p ita l sto ck o r su rp lu s o r cease to be m em b ers. S h a re s o f th e c a p ita l sto ck o f F e d e ra l re se rv e b a n k s o w n ed b y m em b er b a n k s sh all n o t be tra n sfe rre d o r h y p o th e c a te d . W h en a m em b er b a n k in c rea ses its c a p ita l sto c k o r su rp lu s, it sh all th ere u p o n su b sc rib e fo r an a d d itio n a l a m o u n t o f c a p ita l sto c k o f th e F e d e r a l re se rv e b a n k o f its d is tric t eq u a l to six p e r ce n tu m o f th e said in crea se, oneh a lf o f said su b sc rip tio n to be p aid in th e m a n n e r h ere in b efo re p ro v id e d fo r o rig in a l su b sc rip tio n , and o n e -h a lf s u b je c t to c a ll o f th e F e d e ra l R e s e r v e B o a rd . A bank a p p ly in g fo r sto c k in a F e d e ra l re se rv e b a n k a t a n y tim e a fte r th e o rg a n iz a tio n th e re o f m u st su b sc rib e fo r an a m o u n t o f th e c a p ita l sto c k o f th e F e d e ra l re se rv e b a n k e q u a l to six p e r ce n tu m o f th e p a id -u p c a p ita l APPENDIX B 351 sto ck and su rp lu s o f said a p p lic a n t b a n k , p a y in g th e re fo r its p a r v a lu e p lu s o n e -h a lf o f one p er cen tu m a m on th fro m th e period o f th e la s t d iv id e n d . W h en th e c a p ita l sto c k o f a n y F e d e ra l re se rv e b an k sh a ll h a v e been in creased eith e r on acco u n t o f th e in crease o f c a p ita l sto ck o f m em b er b an k s o r on acco u n t o f th e in crease in the n u m b e r o f m em b er b an k s, th e b o ard o f d irec to rs shall ca u se to be ex e cu ted a c e rtific a te to th e C o m p tro lle r o f th e C u rre n c y sh o w in g th e n cre a se in c a p ita l sto c k , th e a m o u n t p aid in , and b y w h o m p a id . W h en a m em b er b a n k red u ces its c a p ita l sto ck it sh a ll su rren d er a p ro p o rtio n a te a m o u n t o f its h old in gs in th e c a p ita l o f said F e d e ra l re se rv e b a n k , and w h en a m e m b er b an k v o lu n t a r ily liq u id a te s it sh all su rren d er all o f its h old in gs o f th e c a p ita l sto c k o f said F e d e ra l re se rv e b an k and be released fro m its sto c k su b sc rip tio n n o t p re v io u sly called . I n e ith e r ca se th e sh a re s su rren d ere d sh all be can celled an d th e m e m b er b a n k sh all re ce iv e in p a y m e n t th e re fo r, u n d e r re g u la tio n s to be p re scrib ed b y th e F e d e ra l R e se rv e B o a rd , a sum eq u a l to its ca sh -p aid su b sc rip tio n s on th e sh a re s su rren d ere d and o n e -h a lf o f one p e r cen tu m a m o n th fro m th e period o f th e la s t d iv id e n d , n o t to exceed th e b ook v a lu e th e re o f, less a n y lia b ilit y o f su ch m em b er b a n k to th e F e d e ra l re se rv e b an k . S e c . 6. I f a n y m e m b er b a n k sh a ll be d e cla red in so l v e n t and a re c e iv e r a p p o in ted th e re fo r, th e sto ck held b y it in said F e d e ra l re se rv e b a n k sh a ll be ca n ce lle d , w ith o u t im p a irm e n t o f its lia b ility , and all c a sh -p aid su b scrip tio n s on said sto c k , w ith o n e -h a lf o f one p e r cen tu m p e r m o n th from th e p erio d o f la s t d iv id e n d , n o t to exceed th e b ook v a lu e th e re o f, sh a ll be first a p p lied to all d e b ts o f th e in so lv e n t m e m b er b a n k to th e F e d e ra l re se rv e b a n k , and th e b ala n ce, i f a n y , sh a ll be p a id to th e re c e iv e r o f th e in so lv e n t bank. W henever th e c a p ita l 352 AN ADVENTURE IN CONSTRUCTIVE FINANCE sto ck o f a F e d e ra l re se rv e b a n k is red u ced , e ith e r on acco u n t o f a re d u ctio n in c a p ita l sto c k o f a n y m em b er b a n k o r o f th e liq u id a tio n o r in s o lv e n c y o f su ch b a n k , th e b o ard o f d irec to rs sh a ll ca u se to be ex e cu ted a cer tific a te to th e C o m p tro lle r o f th e C u rre n c y sh o w in g su ch re d u ctio n o f c a p ita l sto c k and th e a m o u n t re p aid to such b an k . DIVISION OF EARNINGS A s amended b y act approved M arch 3, 19 19 . S ec. 7. A ft e r all n e c e ssa ry exp en ses of a F e d e ra l re se rv e b a n k h a v e been p aid o r p ro v id ed fo r, th e sto c k h old ers sh all be e n title d to re ce iv e an a n n u a l d ivid e n d o f six p e r cen tu m on th e p a id -in c a p ita l sto c k , w h ich d iv id e n d sh all be c u m u la tiv e . A ft e r th e a fo re sa id d iv i dend cla im s h a v e been fu lly m e t, th e n et ea rn in g s sh all be p a id to th e U n ite d S ta te s as a fra n c h ise t a x ex c e p t th a t th e w h ole o f such n et e a rn in g s, in c lu d in g th ose fo r th e y e a r en d in g D e c e m b e r th irty -firs t, n in eteen h u n d red and eigh teen , sh a ll be p a id in to a su rp lu s fu n d u n til it sh all a m o u n t to one h u n d red p e r cen tu m o f th e su bscrib ed c a p ita l sto ck o f such b a n k , and th a t th e re a fte r ten per cen tu m o f such n et ea rn in g s sh a ll be p a id in to th e su rp lu s. T h e net e a rn in g s d e riv e d b y th e U n ite d S ta te s from F e d e ra l re se rv e banks sh a ll, in th e d iscretio n o f th e S e c re ta ry , be u sed to su p p lem e n t th e go ld re se rve held a g a in st o u ts ta n d in g U n ited S ta te s n o tes, o r sh all be a p p lied to th e re d u ctio n o f th e o u tsta n d in g bonded in d e b ted n e ss of th e U n ite d S ta te s u n d e r re g u la tio n s to be p re scrib ed b y th e S e c r e ta r y o f th e T r e a s u r y . Sh ou ld a F e d e ra l re se rv e b a n k be d isso lv ed o r go in to liq u id a tio n , a n y su rp lu s re m a in in g , a fte r th e p a y m e n t o f all d e b ts, d iv id e n d re q u irem e n ts as h ere in b e fo re p ro v id e d , and the p a r v a lu e o f th e sto ck , sh all be p aid to and becom e th e p ro p e rty o f th e U n ite d S ta te s and sh a ll be s im ila rly a p p lied . F e d e ra l re se rv e b a n k s, in c lu d in g th e c a p ita l sto c k and su rp lu s th ere in , and th e in com e d e riv e d th e re fro m sh a ll be e x e m p t fro m F e d e ra l, S t a t e , an d lo ca l ta x a tio n , e x c e p t ta x e s u p o n re a l e sta te . Sec. 8. S e c tio n fifty -o n e h u n d red an d fifty -fo u r, U n ite d S ta te s R e v is e d S t a t u t e s , is h e re b v am en d ed to read as fo llo w s: A n y b a n k in c o rp o ra te d b y sp ec ia l la w o f a n y S t a t e o r o f th e U n ite d S ta te s o r o rga n iz ed u n d e r th e g e n era l la w s o f a n y S t a t e o r o f th e U n ite d S ta te s and h a v in g an u n im p a ire d c a p ita l su fficien t to e n title it to becom e a n a tio n a l b a n k in g a sso c ia tio n u n d e r th e p ro v isio n s o f th e e x istin g la w s m a y , b y th e v o te o f th e sh a re h o ld e rs o w n in g n o t less th a n fifty -o n e p e r ce n tu m o f th e c a p ita l sto ck o f such b a n k o r b a n k in g a sso c ia tio n , w ith th e a p p ro v a l o f th e C o m p tro lle r o f th e C u rre n c y be c o n v e rte d in to a n a tio n a l b a n k in g a sso c ia tio n , w ith a n y n am e a p p ro v e d b y th e C o m p tro lle r o f th e C u r r e n c y : Provided, however, T h a t said c o n ve rsio n sh a ll n o t be in co n tra v e n tio n o f th e S t a t e la w . In such case th e a rtic le s o f a sso c iatio n an d o rg a n iz a tio n c e rtific a te m a y be e x e cu ted b y a m a jo r it y o f th e d ire c to rs o f th e b a n k o r b a n k in g in stitu tio n , and th e c e rtific a te sh a ll d e cla re th a t th e ow n ers o f fifty -o n e p e r cen tu m o f th e c a p ita l sto ck h a v e au th o riz ed th e d ire c to rs to m a k e such c e rtific a te and to ch a n ge o r c o n v e rt th e b a n k o r b a n k in g in stitu tio n in to a n a tio n a l a sso c iatio n . A m a jo r it y o f th e d ire c to rs, a fte r e x e c u tin g th e a rtic le s o f a sso c ia tio n and th e o rg a n i zatio n c e rtific a te , sh all h a v e p o w e r to ex e cu te a ll o th e r p a p ers and to do w h a te v e r m a y be re q u ired to m a k e its o rg a n iz a tio n p e rfe c t and co m p le te as a n a tio n a l a sso c ia tio n . T h e sh a re s o f a n y such b a n k m a y co n tin u e to be fo r th e sam e a m o u n t each as th e y w ere befo re th e con- 354 AN a d v e n t u r e in c o n s t r u c t i v e f i n a n c e v e rsio n , and th e d irec to rs m a y co n tin u e to be d irec to rs o f th e a sso c iatio n u n til o th e rs are elected o r ap p o in ted in a cco rd a n ce w ith th e p ro v isio n s o f th e s ta tu te s o f th e U n ite d S ta te s . W h en th e C o m p tro lle r h as g iv e n to su ch b a n k o r b a n k in g a sso c iatio n a c e rtific a te t h a t th e p ro v isio n s o f th is A c t h a v e been co m p lied w ith , such b a n k o r b a n k in g a sso c iatio n , and a ll its sto ck h o ld ers, officers, and em p lo y e es, sh all h a v e th e sam e p ow ers and p riv ile g e s, and sh all be su b je c t to th e sam e d u tie s, lia b il itie s, and re g u la tio n s, in all re sp e cts, as sh a ll h a v e been p rescrib ed b y th e F e d e ra l R e s e r v e A c t an d b y th e n a tio n a l b a n k in g A ct fo r a sso c iatio n s o rig in a lly o rga n iz ed as n a tio n a l b a n k in g a sso c ia tio n s. STATE BANKS AS MEMBERS A s amended b y act approved Ju n e 2 1 , 19 17 Sec. 9. (4° S ta t., 2 3 2 , chap. 32 .) A n y b a n k in c o rp o ra te d b y sp ec ia l la w o f a n y S t a t e , o r o rga n iz ed u n d e r th e g e n e ra l la w s o f a n y S ta te o r o f th e U n ite d S ta te s , d e sirin g to b ecom e a m em b er o f th e F e d e ra l R e s e rv e S y s te m , m a y m a k e a p p lic a tio n to th e F e d e ra l R e s e r v e B o a rd , u n d e r su ch ru les and re g u la tio n s as it m a y p re scrib e , fo r th e rig h t to su b scrib e to th e sto ck o f th e F e d e ra l re se rv e b a n k o rgan ized w ith in th e d istric t in w h ich th e a p p ly in g b a n k is lo c a te d . S u ch a p p lic a tio n sh a ll be fo r th e sam e a m o u n t o f sto c k th a t th e a p p ly in g b a n k w o u ld be re q u ired to su b sc rib e to as a n a tio n a l b a n k . T h e F e d e ra l R e s e r v e B o a r d , su b je c t to such co n d itio n s as it m a y p re sc rib e , m a y p e rm it th e a p p ly in g b a n k to b ecom e a s to c k h o ld e r o f su ch F e d e ra l re se rv e b a n k . In a c tin g u p o n su ch a p p lic a tio n s th e F e d e ra l R e s e r v e B o a rd sh a ll co n sid er th e fin a n c ia l co n d itio n o f th e a p p ly in g b a n k , th e g e n e ra l c h a ra c te r o f its m a n a g e m e n t, and APPENDIX B 355 w h e th e r o r n o t th e c o rp o ra te p ow ers exercised a re con siste n t w ith th e p u rp o ses o f th is a ct. W h e n e v e r th e F e d e ra l R e s e r v e B o a rd sh a ll p e rm it th e a p p ly in g b a n k to becom e a sto ck h o ld e r in th e F e d e ra l re se rv e b a n k o f th e d istr ic t its sto ck su b sc rip tio n sh all be p a y a b le on ca ll o f th e F e d e ra l R e s e rv e B o a rd , and sto c k issu ed to it sh a ll be h eld s u b je c t to th e p ro visio n s o f th is act. A ll b a n k s a d m itte d to m em b ersh ip u n d e r a u th o rity o f th is section sh a ll be re q u ired to c o m p ly w ith th e re se rve and c a p ita l re q u ire m e n ts o f th is a c t and to con form to th ose p ro v isio n s o f la w im p osed on n a tio n a l b a n k s w h ich p ro h ib it such b a n k s fro m len d in g on o r p u rc h a sin g th eir ow n sto ck , w h ich re la te to th e w ith d ra w a l o r im p a irm e n t o f th e ir c a p ita l sto c k , and w h ich re la te s to th e p a y m e n t o f u n earn ed d iv id e n d s. Su ch banks and th e o fficers, a g e n ts, and em p lo y e es th e re o f shall also be su b je c t to th e p ro v isio n s o f and to th e p e n alties p rescrib ed b y sectio n fifty -tw o h u n d red and nine o f th e R e v is e d S ta tu te s , and sh a ll be req u ired to m a k e re p o rts o f co n d itio n and o f th e p a y m e n t o f d iv id e n d s to th e F e d e ra l re se rv e b a n k o f w h ich th e y becom e a m em b er. N o t less th a n th re e o f such re p o rts sh all be m a d e a n n u a lly on ca ll o f the F e d e ra l re se rv e b a n k on d a te s to be fixed b y th e F e d e ra l R e s e r v e B o a rd . F a ilu r e to m a k e such re p o rts w ith in ten d a y s a fte r th e d a te th e y are ca lle d fo r sh all su b je c t th e o ffe n d in g b a n k to a p e n a lty o f # 10 0 a d a y fo r each d a y t h a t it fa ils to tra n s m it su ch re p o rt; such p e n a lty to be co llected b y th e F e d e ra l re se rv e b a n k b y su it o r o th erw ise. A s a co n d itio n o f m e m b ersh ip su ch b an k s sh a ll lik ew ise be s u b je c t to e x a m in a tio n s m ad e b y d irec tio n o f th e F e d e ra l R e s e r v e B o a rd o r o f th e F e d e ra l re se rv e b a n k b y ex a m in e rs selected o r a p p ro v e d b y th e F e d e ra l R e s e r v e B o a rd . 356 AN ADVENTURE IN CONSTRUCTIVE FINANCE W h e n e v e r th e d irec to rs o f th e F e d e ra l rese rve b an k sh all a p p ro v e th e e x a m in a tio n s m ad e b y th e S ta te a u th o r itie s, such e x a m in a tio n s and th e re p o rts th e re o f m a y be acce p ted in lieu o f e x a m in a tio n s m ad e by e x a m in ers selected o r a p p ro v e d b y th e F e d e ra l R e s e r v e B o a r d : Pro vided, however, T h a t w h en it deem s it n e c e ssa ry th e b o ard m a y o rd e r sp ec ia l e x a m in a tio n s b y ex a m in ers o f its ow n selection and sh all in all cases a p p ro v e th e form o f th e re p o rt. T h e exp en ses o f all e x a m in a tio n s, o th e r th a n th ose m ad e b y S t a t e a u th o ritie s, sh all be assessed a g a in st and p aid b y th e b a n k s ex a m in ed . I f a t a n y tim e it sh a ll a p p e a r to th e F e d e ra l R e s e r v e B o a rd th a t a m em b er b a n k h as faile d to c o m p ly w ith th e p ro v isio n s o f th is sectio n o r th e re g u la tio n s o f th e F e d e ra l R e s e r v e B o a rd m a d e p u rsu a n t th e re to , it sh all be w ith in th e p o w er o f th e b o ard a fte r h e a rin g to re q u ire such b a n k to su rren d er its sto ck in th e F e d e ra l re se rv e b a n k and to fo rfe it all rig h ts and p riv ile g e s o f m e m b ersh ip . F e d e ra l R e s e r v e The B o a rd m a y re sto re m e m b ersh ip u pon d u e p ro o f o f co m p lian ce w ith th e co n d itio n s im p osed b y th is sectio n . A n y S t a t e b a n k o r tru s t c o m p a n y d e sirin g to w ith d ra w fro m m em b ersh ip in a F e d e ra l re se rv e b a n k m a y d o so, a fte r six m o n th s’ w ritte n n o tice sh a ll h a v e been filed w ith th e F e d e ra l R e s e r v e B o a rd , upon th e su rre n d e r an d c a n ce lla tio n o f all o f its h old in gs o f c a p ita l sto ck in th e F e d e ra l re se rv e b a n k : Provided, however, T h a t no F e d e ra l re se rv e b a n k sh a ll, e x c e p t u n d e r e x p re ss a u th o r ity o f th e F e d e ra l R e s e r v e B o a rd , ca n ce l w ith in th e sam e c a le n d a r y e a r m ore th a n tw e n ty -fiv e p e r cen tu m o f its c a p ita l sto ck fo r th e p u rp o se o f effe c tin g v o lu n ta r y w ith d ra w a ls d u rin g th a t y e a r . A ll su ch a p p lic a tio n s sh all be d e a lt w ith in th e o rd e r in w h ich th e y are filed w ith th e b o ard . W h e n e v e r a m em b er b a n k sh all su rren d er its sto ck h o ld APPENDIX B 357 in gs in a f e d e r a l re se rv e b a n k , o r sh all be ord ered to do so b y th e F e d e ra l R e s e r v e B o a rd , u n d e r a u th o rity o f la w , all o f its rig h ts and p riv ile g e s as a m em b er b a n k sh a ll th ere u p o n ce ase and d e term in e, and a fte r du e p ro v isio n h a s been m a d e fo r a n y in d eb ted n ess du e o r to becom e du e to th e F e d e ra l re se rv e b an k it sh a ll be en title d to a re fu n d o f its cash p aid su b sc rip tio n w ith in te re st a t th e ra te o f o n e -h a lf o f one p e r cen tu m p e r m o n th from d a te o f la s t d iv id e n d , i f ea rn e d , th e a m o u n t refu n d ed in no e v e n t to exceed th e b ook v a lu e o f th e sto c k a t th a t tim e , and sh all lik e w ise be en title d to re p a y m e n t o f d e p o sits and o f a n y o th e r b ala n ce du e fro m th e F e d e ra l re se rv e b an k . N o a p p ly in g b a n k sh all be a d m itte d to m e m b ersh ip in a F e d e ra l re se rv e b a n k u n less it possesses a p a id -u p , u n im p a ired c a p ita l su fficien t to e n title it to becom e a n a tio n a l b a n k in g a sso c iatio n in th e p lace w h ere it is situ a te d u n d er th e p ro v isio n s o f th e n a tio n a l-b a n k a ct. B a n k s b ecom in g m em b ers o f th e F e d e ra l R e s e r v e S y s tem u n d e r a u th o r ity o f th is sectio n sh all be s u b je c t to th e p ro v isio n s o f th is sectio n and to th ose o f th is a c t w h ich re la te sp e c ific a lly to m e m b e r b a n k s, b u t sh a ll n o t be su b je c t to e x a m in a tio n u n d e r th e p ro v isio n s o f th e first tw o p a ra g ra p h s o f sectio n fifty -tw o h u n d red fo r t y o f th e R e v is e d tw e n ty -o n e o f th is a c t .1 S t a tu te s as am en d ed by and section S u b je c t to th e p ro v isio n s o f th is a c t and to th e re g u la tio n s o f th e b o ard m a d e p u rs u a n t th e re to , a n y b a n k becom in g a m e m b er o f th e F e d e ra l R e s e r v e S y ste m sh all re tain its fu ll c h a rte r and s ta tu to r y rig h ts as a S ta te b an k o r tr u s t c o m p a n y , and m a y con tin u e to ex e rcise all c o rp o ra te p o w e rs g ra n te d it b y th e S t a t e in w h ich it w a s c re a te d , and sh a ll be en title d to all p riv ile g e s o f m e m b er b a n k s ; Provided , however, T h a t no 1A m e n d in g se c tio n 2 1 o f th is a c t. 358 AN ADVENTURE IN CONSTRUCTIVE FINANCE F e d e ra l re se rv e b a n k sh a ll be p e rm itte d to d isco u n t fo r a n y S ta te b a n k o r tru s t c o m p a n y n o tes, d r a fts , o r b ills o f ex c h a n g e o f a n y one b o rro w er w h o is lia b le fo r borrow ed m o n e y to su ch S ta te b a n k o r tru s t c o m p a n y in an am o u n t g re a te r th a n ten p er cen tu m o f th e c a p ita l and su rp lu s o f su ch S ta te b a n k o r tr u s t c o m p a n y , b u t th e d isco u n t o f b ills o f ex c h a n g e d ra w n a g a in st a c tu a lly e x istin g v a lu e and th e d isc o u n t o f co m m ercia l o r b u sin ess p a p e r a c tu a lly o w n ed b y th e person n e g o tia tin g th e sam e sh all n o t be co n sid ered as b o rrow ed m o n e y w ith in th e m e an in g o f th is se c tio n .1 T h e F e d e ra l re se rve b an k , as a co n d itio n o f th e d isc o u n t o f n o tes, d r a fts , and bills o f ex c h a n g e fo r su ch S ta te b a n k o r tru s t c o m p a n y , sh all req u ire a ce rtifi c a te o r g u a r a n t y to th e effect th a t th e b o rro w er is n o t lia b le to such b a n k in excess o f th e am o u n t p ro vid ed b y th is sectio n , and w ill n o t be p e rm itte d to becom e lia b le in excess o f th is a m o u n t w h ile such n o tes, d r a fts , o r b ills o f ex c h a n g e are u n d er d isc o u n t w ith th e F e d e ra l re se rve bank. I t sh a ll be u n la w fu l fo r a n y o fficer, c le rk , o r a g en t o f a n y b a n k a d m itte d to m em b ersh ip u n d e r a u th o rity o f th is sectio n to c e r tify a n y ch ec k d ra w n u pon su ch b a n k u n less th e person o r c o m p a n y d ra w in g th e ch ec k h as on d e p o sit th e re w ith a t th e tim e such ch eck is certified an a m o u n t o f m o n e y e q u a l to th e a m o u n t specified in su ch ch eck . A n y ch eck so certified b y d u ly au th o riz ed o fficers sh a ll be a good and v a lid o b lig a tio n a g a in st su ch b a n k , b u t th e a c t o f a n y su ch officer, cle rk , o r a g e n t in v io la tio n o f th is section m a y s u b je c t such b a n k to a fo rfe itu re o f its m e m b ersh ip in th e F e d e ra l R e s e r v e S y s te m upon h e a rin g b y th e F e d e ra l R e s e r v e B o a rd . 1A m e n d e d b y s e c tio n I I ( m ) , a s a m e n d e d M a r c h 3. I9 I9 - S e e p o s t. » . FEDERAL RESERVE BOARD As amended by act approved Mar. 3, 1919 S e c . 10 . A F e d e ra l R e s e r v e B o a rd is h e re b y c rea ted w h ich sh all co n sist o f seven m em b ers, in clu d in g th e S e c r e ta r y o f th e T r e a s u r y and th e C o m p tro lle r o f th e C u r re n c y , w h o sh a ll be m e m b ers e x officio, and fiv e m em b ers ap p o in ted b y th e P re sid e n t o f th e U n ite d S ta te s , b y and w ith th e a d v ic e and c o n se n t o f th e S e n a te . th e fiv e a p p o in tiv e m e m b ers o f th e In selectin g F e d e ra l R eserve B o a rd , n o t m o re th a n one o f w h om sh all be selected from a n y one F e d e ra l re se rv e d istr ic t, th e P re sid e n t sh all h a v e d u e re g a rd to a fa ir re p rese n tatio n o f th e d iffere n t co m m e rcia l, in d u s tria l, c o u n try . The fiv e and g e o g ra p h ic a l m e m b ers o f th e d iv isio n s o f th e F e d e ra l R eserve B o a rd a p p o in te d b y th e P re sid e n t and con firm ed as a fo re said sh all d e v o te th e ir e n tire tim e to th e b u sin ess o f th e F e d e ra l R e s e r v e B o a rd and sh a ll each re ceive an a n n u a l s a la r y o f $ 12 ,0 0 0 , p a y a b le m o n th ly to g e th e r w ith a c tu a l n e c e ssa ry tra v e llin g exp en ses, and th e C o m p tro lle r o f th e C u rre n c y , as e x officio m e m b er o f th e F e d e ra l R e s e r v e B o a rd , sh a ll, in a d d itio n to th e s a la r y n o w p aid h im as C o m p tro lle r o f th e C u rre n c y , re ceive th e sum o f $ 7 ,0 0 0 a n n u a lly fo r h is se rv ice s as a m e m b er o f said b o ard . T h e S e c r e ta r y o f th e T r e a s u r y and th e C o m p tro lle r o f th e C u rre n c y sh all be in e lig ib le d u rin g th e tim e th e y a re in office and fo r tw o y e a r s th e re a fte r to h old a n y office, p o sitio n , o r e m p lo y m e n t in any m e m b er b an k . The a p p o in tiv e m em b ers o f th e F e d e ra l R e s e r v e B o a rd sh a ll be in e lig ib le d u rin g th e tim e th e y are in office and fo r tw o y e a rs th e re a fte r to hold a n y office, p o sitio n , o r em p lo y m e n t in a n y m e m b er b a n k , e x c e p t th a t th is re stric tio n sh all not a p p ly to a m e m b er w h o h as se rv e d th e fu ll t 360 AN ADVENTURE IN CONSTRUCTIVE FINANCE te rm fo r w h ich he w a s ap p o in ted . O f th e fiv e m em b ers th u s a p p o in ted b y th e P re sid e n t a t le a s t tw o sh all be person s ex p e rien ced in b a n k in g o r fin an ce. O ne sh all be d e sig n a ted b y th e P re sid e n t to se rv e fo r tw o , one fo r fo u r, one fo r six , one fo r e ig h t, and one fo r ten y e a r s , and th e re a fte r each m e m b er so a p p o in te d sh a ll serv e fo r a term o f ten y e a rs u n less soon er re m o ved fo r ca u se b y the P re sid e n t. O f th e fiv e person s th u s a p p o in te d , one sh all be d e sig n a ted b y th e P re sid e n t as g o v e rn o r and one as v ic e g o v e rn o r of th e F e d e ra l R e serv e B o a rd . The g o v e rn o r o f th e F e d e ra l R e s e r v e B o a r d , su b je c t to its su p e rv isio n , sh a ll be th e a c tiv e e x e c u tiv e officer. The S e c re ta ry o f th e T r e a s u r y m a y assig n offices in th e D e p a rtm e n t o f th e T r e a s u r y fo r th e u se o f th e F e d e ra l R e s e r v e B o a rd . E a c h m e m b er o f th e F e d e ra l R e s e rv e B o a rd sh all w ith in fifte en d a y s a fte r n o tice o f a p p o in t m e n t m a k e and su b scrib e to th e o ath o f office. T h e F e d e ra l R e s e rv e B o a rd sh all h a v e powder to le v y s e m ia n n u a lly u pon th e F e d e ra l re se rv e b an k s, in p ro p o r tion to th e ir c a p ita l sto c k an d su rp lu s, an a sse ssm en t su fficien t to p a y its e stim a te d exp en ses and th e sa la rie s o f its m em b ers and e m p lo y e es fo r th e h a lf y e a r su cceed in g th e le v y in g o f such a sse ssm en t, to g e th e r w ith a n y d e ficit c a rrie d fo rw a rd from th e p re ce d in g h a lf y e a r . T h e first m eetin g o f th e F e d e ra l R e s e r v e B o a rd sh all be h eld in W a sh in g to n , D is t r ic t o f C o lu m b ia , as soon as m a y be a fte r th e p a ssa g e o f th is A c t , a t a d a te to be fixed by th e R e s e rv e B ank O rg a n iz a tio n C o m m itte e . The S e c re ta ry o f th e T r e a s u r y sh all be e x officio ch a irm a n o f th e F e d e ra l R e s e rv e B o a rd . N o m e m b er o f th e F e d e ra l R e s e r v e B o a rd sh all be an o fficer o r d ire c to r o f a n y b an k , b a n k in g in stitu tio n , tru s t co m p a n y , o r F e d e ra l rese rve b a n k n or hold sto ck in a n y b a n k , b an k in g in stitu tio n , o r tru s t c o m p a n y ; and before en te rin g upon h is d u tie s as a APPENDIX B 261 member of the Federal Reserve Board he shall certify under oath to the Secretary of the Treasury that he has complied with this requirement. Whenever a va cancy shall occur, other than by expiration of term, among the five members of the Federal Reserve Board appointed by the President, as above provided, a successor shall be appointed by the President, with the advice and consent of the Senate, to fill such vacancy, and when appointed he shall hold office for the unexpired term of the member whose place he is selected to fill. The President shall have power to fill all vacancies that may happen on the Federal Reserve Board during the lecess of the Senate, by granting commissions which shall expire thirty days after the next session of the Senate convenes. Nothing in this Act contained shall be construed as taking away any powers heretofore vested by law in the Secretary of the Treasury which relate to the supervision, management, and control of the Treasury Department and bureaus under such department, and wherever any power vested by this Act in the Federal Reserve Board or the Federal reserve agent appears to conflict with the powers of the Secretary of the Treasury, such powers shall be exercised subject to the supervision and control of the Secretary. The Federal Reserve Board shall annually make a full report of its operations to the Speaker of the House of Representatives, who shall cause the same to be printed for the information of the Congress. Section three hundred and twenty-four of the Revised Statutes of the United States shall be amended so as to read as follows: There shall be in the Department of the Treasury a bureau charged with the execution of all laws passed by Congress relating to the issue and regulation 362 AN ADVENTURE IN CONSTRUCTIVE FINANCE o f n a tio n a l c u rre n c y secured b y U n ite d S ta te s bonds and, u n d e r th e g e n era l su p e rv isio n o f th e F e d e ra l R e s e rv e B o a r d , o f all F e d e ra l re se rv e n o tes, th e c h ie f officer o f w h ich b u reau sh all be called th e C o m p tro lle r o f th e C u r re n c y and sh all p erfo rm h is d u tie s u n d er th e g e n era l d i re ctio n s o f th e S e c r e ta r y o f th e T r e a s u r y . A s amended b y act approved Sept. 7, 19 1 6 (39 S ta t., 7 5 2 , chap. 4 6 1 ) ; act approved Sept. 26, 1 9 1 8 ; act approved M ar. 3 , 19 19 . S ec . 11. T h e F e d e ra l R e s e r v e B o a rd sh a ll be a u th o r ized and e m p o w e re d : (a) T o ex a m in e a t its d isc retio n th e a cco u n ts, books, an d a ffa irs o f each F e d e ra l re se rv e b a n k and o f each m e m b er b a n k and to re q u ire su ch sta te m e n ts and re p o rts as it m a y deem n e c e ssa ry . T h e said b o ard sh all p u b lish on ce each w e e k a s ta te m e n t sh o w in g th e co n d itio n o f each F e d e ra l re se rv e b a n k and a co n so lid a ted sta te m e n t fo r a ll F e d e ra l re se rv e b an k s. Su ch s ta te m e n ts sh all sh o w in d e ta il th e a sse ts and lia b ilitie s o f th e F e d e ra l re se rv e b a n k s, sin gle and co m b in ed , and sh a ll fu rn ish fu ll in fo rm a tio n re g a rd in g th e c h a ra c te r o f th e m o n e y h eld as re se rv e and th e a m o u n t, n a tu re , an d m a tu ritie s o f th e p a p e r and o th e r in v e stm e n ts ow n ed o r h eld b y F e d e r a l re se rv e b an k s. (b) T o p e rm it, o r, on th e a ffirm a tiv e v o te o f a t le a st fiv e m em b ers o f th e R e s e rv e B o a rd to re q u ire F e d e ra l re se rv e b a n k s to re d isco u n t th e d isco u n ted p a p e r o f o th e r F e d e ra l re se rve b a n k s a t ra te s o f in te re st to be fixed b y th e F e d e ra l R e s e r v e B o a rd . (c) T o su sp end fo r a period n o t ex c eed in g t h ir t y d a y s , an d from tim e to tim e to ren ew such su sp en sion fo r pe rio d s n o t exceed in g fifteen d a y s , a n y re se rv e re q u irem e n ts sp ecified in th is A c t : Provided, T h a t it sh all e sta b lish a g ra d u a te d ta x upon the a m o u n ts b y w h ich th e re se rv e APPENDIX B 363 re q u irem e n ts o f th is A c t m a y be p e rm itte d to fa ll below th e lev e l h e re in a fte r sp e c ifie d : And provided further, T h a t w h en th e gold re se rv e h eld a g a in st F e d e ra l re se rv e n otes fa lls below fo r ty p e r ce n tu m , th e F e d e ra l R e s e r v e B o a rd sh all esta b lish a g ra d u a te d t a x o f n o t m ore th a n one p er cen tu m p er an nu m u pon such d e ficie n cy u n til th e re se rve s fa ll to th irty -tw o and o n e -h a lf p e r ce n tu m , and w h en said re se rv e fa lls b elo w th ir ty -tw o and o n e -h a lf p e r ce n tu m , a t a x a t th e ra te in c re a sin g ly o f n o t less th a n one and o n e -h a lf p er cen tu m p e r an nu m upon each tw o and oneh a lf p er cen tu m o r fra c tio n th e re o f th a t such re se rve falls b elo w th ir ty -tw o and o n e -h a lf p e r ce n tu m . The ta x sh a ll be p aid b y th e re se rv e b a n k , b u t th e re se rv e b an k sh all ad d an a m o u n t e q u a l to said t a x to th e ra te s o f in te re st and d isc o u n t fixed b y th e F e d e ra l R e s e rv e B o a rd . (d) T o su p e rv ise and re g u la te th ro u g h th e bu reau u n d e r th e ch a rg e o f th e C o m p tro lle r o f th e C u rre n c y th e issu e and re tire m e n t o f F e d e ra l re se rv e n o tes, and to p re scrib e ru les and re g u la tio n s u n d e r w h ich such n o tes m a y be d e livere d b y th e C o m p tro lle r to th e F e d e ra l re se rv e a g en ts a p p ly in g th ere fo r. (e) l o ad d to th e n u m b er o f cities classified as re se rve and ce n tra l re se rv e cities u n d e r e x istin g la w in w h ich n a tio n a l b a n k in g asso c iatio n s are su b je c t to th e re se rv e re q u ire m e n ts set fo rth in section tw e n ty o f th is A c t ; o r to re c la s s ify e x istin g re se rv e and ce n tra l re se rv e cities o r to te rm in a te th e ir d e sig n a tio n as su ch . (f) T o su sp en d o r re m o v e a n y officer o r d ire c to r o f a n y F e d e ra l re se rv e b a n k , th e ca u se o f such re m o v a l to be fo rth w ith co m m u n ica ted in w ritin g b y th e F e d e ra l R e s e r v e B o a rd to th e rem o ved officers o r d ire c to r and to said b an k . (g) T o re q u ire th e w r itin g o ff o f d o u b tfu l o r w o rth le ss a sse ts u p o n th e b o ok s and b ala n ce sh eets o f F e d e ra l re se rv e b a n k s. ___ 364 AN ADVENTURE IN CONSTRUCTIVE FINANCE (h) T o su sp en d , fo r th e v io la tio n o f a n y o f th e p ro v i sions o f th is A c t , th e o p e ra tio n s o f a n y F e d e ra l re se rv e b a n k , to ta k e possession th e re o f, a d m in iste r th e sam e d u r in g th e period o f su sp en sio n , a n d , w h en d eem ed a d v is a b le , to liq u id a te o r reorgan ize such b an k . (i) T o req u ire bonds o f F e d e ra l re se rv e a g e n ts, to m a k e re g u la tio n s fo r th e sa fe g u a rd in g o f all c o lla te ra l, b o n d s, F e d e ra l re se rv e n o tes, m o n e y , o r p ro p e rty o f a n y k in d d e p o sited in th e h an d s o f such a g en ts, and said b o ard sh a ll p erfo rm th e d u tie s, fu n c tio n s, o r se rv ice s sp ecified in th is A c t, and m a k e all ru les and re g u la tio n s n e c e ssa ry to e n a b le said b o ard e ffe c tiv e ly to p erfo rm th e sam e. (j) T o ex e rcise g e n e ra l su p e rv isio n o v e r said F e d e ra l re se rv e b an k s. (k) T o g ra n t by sp ecia l p e rm it to n a tio n a l banks a p p ly in g th ere fo r, w h en n o t in c o n tra v e n tio n o f S t a t e or lo ca l la w , th e rig h t to a ct as tru ste e , ex e c u to r, a d m in is tr a to r , re g is tra r o f sto ck s and b o n d s, g u a rd ia n o f e sta te s, assign ee, re c e iv e r, co m m ittee o f e sta te s o f lu n a tic s, o r in a n y o th e r fid u c ia ry c a p a c ity in w h ich S t a t e b a n k s, tru s t co m p an ie s, o r o th e r c o rp o ra tio n s w h ich com e in to com p e titio n w ith n a tio n a l b an k s are p e rm itte d to a c t u n d e r th e la w s o f th e S t a t e in w h ich th e n a tio n a l b a n k is lo ca ted . W h e n e v e r th e la w s o f su ch S t a t e a u th o riz e o r p e rm it th e ex e rcise o f a n y o r all o f th e fo reg o in g p o w ers b y S ta te b a n k s, tru s t co m p an ie s, or o th e r c o rp o ra tio n s w h ich co m p ete w ith n a tio n a l b a n k s, th e g ra n tin g to and th e ex e rcise o f such p o w ers b y n a tio n a l b a n k s sh a ll not be d eem ed to be in co n tra v e n tio n o f S t a t e o r lo ca l la w w ith in th e m e an in g o f th is A c t. N a tio n a l b a n k s e x e rcisin g a n y o r all o f th e p o w ers en u m e rate d in th is su b se ctio n sh a ll seg reg a te all a sse ts held in a n y fid u c ia ry c a p a c ity fro m th e g e n e ra l a sse ts o f th e b a n k and sh a ll k eep a s e p a ra te set o f books and reco rd s APPENDIX B 265 showing in proper detail all transactions engaged in under authority of this subsection. Such books and records shall be open to inspection by the State authorities to the same extent as the books and records of corporations organized under State law which exercise fiduciary pow ers, but nothing in this Act shall be construed as author izing the State authorities to examine the books, records, and assets of the national bank which are not held in trust under authority of this subsection. No national bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for col lection or exchange purposes. Funds deposited or held in trust by the bank awaiting investment shall be carried in a separate account and shall not be used by the bank in the conduct of its business unless it shall first set aside in the trust department United States bonds or other securities approved by the Federal Reserve Board. In the event of the failure of such bank the owners of the funds held in trust for investment shall have a lien on the bonds or other securities so set apart in addition to their claim against the estate of the bank. Whenever the laws of a State require corporations act ing in a fiduciary capacity, to deposit securities with the State authorities for the protection of private or court trusts, national banks so acting shall be required to make similar deposits and securities so deposited shall be held for the protection of private or court trusts, as provided by the State law. National banks in such cases shall not be required to execute the bond usually required of individuals if State corporations under similar circumstances are exempt from this requirement. AN ADVENTURE IN CONSTRUCTIVE FINANCE N a tio n a l b a n k s sh all h a v e p o w er to ex e cu te such bond w h en so req u ired b y th e la w s o f th e S ta te . In a n y case in w h ich th e law s o f a S ta te re q u ire th a t a c o rp o ratio n a c tin g as tru ste e , e x e cu to r, a d m in istra to r, or in a n y c a p a c ity specified in th is sectio n , sh all ta k e an o a th o r m a k e an a ffid a v it, th e p re sid e n t, v ic e p re sid e n t, ca sh ier, o r tr u s t officer o f su ch n a tio n a l b an k m a y ta k e th e n e c e ssa ry o a th o r e x e c u te th e n e c e ssa ry a ffid a v it. I t sh all be u n la w fu l fo r a n y n a tio n a l b a n k in g asso ciatio n to lend a n y officer, d ire c to r, o r e m p lo y e e a n y fu n d s held in tru s t u n d e r th e p o w ers co n ferred b y th is section . A n y officer, d ire c to r, o r e m p lo y e e m a k in g such lo an , o r to w h o m such lo an is m a d e , m a y be fined n o t m o re th an $.5,000, o r im p riso n ed n o t m o re th a n fiv e y e a rs , o r m a y be both fined and im p riso n e d , in th e d iscretio n o f the co u rt. In p a ssin g u pon a p p lic a tio n s fo r p erm issio n to exercise th e p o w ers e n u m e ra ted in th is su b se ctio n , th e F e d e ra l R e s e r v e B o a rd m a y ta k e in to co n sid era tio n th e a m o u n t o f c a p ita l and su rp lu s o f th e a p p ly in g b a n k , w h e th e r or n o t su ch c a p ita l and su rp lu s is su fficien t u n d e r th e cir c u m sta n ce s o f th e ca se, th e needs o f th e c o m m u n ity to be se rv e d , and a n y o th e r fa c ts and circu m sta n ce s th a t seem to it p ro p e r, an d m a y g ra n t o r re fu se th e a p p lica tio n a c c o r d in g ly : Provided, T h a t no p e rm it sh all be issu ed to a n y n a tio n a l b a n k in g a sso c iatio n h a v in g a c a p ita l and su rp lu s less th a n th e c a p ita l and su rp lu s re q u ired by S t a t e la w o f S t a t e b a n k s, tr u s t co m p an ie s, and co rp o ra tio n s e x e rc isin g su ch po w ers. ( 1) T o e m p lo y su ch a tto rn e y s , e x p e rts, a ssista n ts, c le rk s, o r o th e r em p lo y e e s as m a y be deem ed n e c e ssa ry to co n d u ct th e b usin ess o f th e b o ard . A ll sa la rie s and fees sh a ll be fixed in a d v a n c e b y said b o ard and sh all be p a id in th e sam e m a n n e r as th e sa la rie s o f th e m em b ers iL. ¥ T APPENDIX B 367 o f said b oard . A ll su ch a tto rn e y s , e x p e rts, a ssista n ts, cle rk s, and o th e r em p lo y e es sh all be a p p o in ted w ith o u t re g a rd to th e p ro visio n s o f th e A c t o f Ja n u a r y six tee n th , eigh teen h u n d red and e ig h ty -th re e (vo lu m e tw e n ty -tw o , U n ited S ta te s S ta tu te s a t L a r g e , p age fo u r h u n d red and th ree ), and am en d m en ts th ere to , o r a n y ru le o r re g u la tio n m ade in p u rsu an c e th e re o f: Provided, T h a t n o th in g herein sh all p re v e n t th e P re sid e n t from p lac in g said em p lo yees in th e classified serv ice. (m) U p on th e a ffirm a tiv e v o te o f n o t less th an five o f its m em b ers, th e F e d e ra l R e s e rv e B o a rd shall h a v e pow er to p e rm it F e d e ra l re se rve b an k s to d isco u n t fo r a n y m e m b er b a n k n o tes, d r a fts , o r bills o f exch an ge b ea rin g th e sig n a tu re o r en d o rsem en t o f a n y one b o rro w er in excess o f th e a m o u n t p e rm itte d b y section nine and section th irtee n o f th is A c t , b u t in no case to exceed tw e n ty p e r cen tu m o f th e m e m b er b a n k ’ s c a p ita l and s u rp lu s : Provided, however, T h a t all su ch n o tes, d r a fts , o r b ills o f e x c h a n g e d isco u n te d fo r a n y m e m b er b an k in excess o f th e a m o u n t p e rm itte d u n d e r su ch sectio n s sh all be secured b y n o t less th an a lik e fac e a m o u n t o f bonds o r n o tes o f th e U n ite d S ta te s issu ed since A p ril tw e n ty fo u rth , n in eteen h u n d red and seve n tee n , o r c e rtific a te s o f in d eb ted n ess o f th e U n ite d S t a t e s : Provided further, T h a t th e p ro v isio n s o f th is su bsectio n (m ) sh all n o t be o p e r a tiv e a fte r D e c e m b e r th irty -firs t, nin eteen h u n d red and tw e n ty . FEDERAL ADVISORY COUNCIL S ec. 12 . T h e re is h e re b y c rea ted a F e d e ra l A d v is o r y C o u n c il, w h ich sh a ll co n sist o f as m a n y m em b ers as th ere are F e d e ra l re se rv e d istric ts. E a c h F e d e ra l re se rve b a n k b y its b o ard o f d ire c to rs sh a ll a n n u a lly select from its ow n F e d e ra l re se rv e d istric t one m e m b er o f said cou n cil, 368 AN ADVENTURE IN C O N STR U C TIV E FIN A N C E w h o sh all re ce iv e su ch co m p en satio n and a llo w a n ce s as m a y be fixed b y h is b o ard o f d irec to rs s u b je c t to th e a p p ro v a l o f th e F e d e ra l R e s e rv e B o a rd . T h e m e etin g s o f said a d v is o ry co u n cil sh all be h eld a t W a sh in g to n , D is tr ic t o f C o lu m b ia , a t le a st fo u r tim e s each y e a r , and o fte n e r i f ca lle d b y th e F e d e ra l R e s e rv e B o a rd . The co u n cil m a y in a d d itio n to th e m eetin g s a b o v e p ro v id ed fo r h old such o th e r m eetin g s in W a sh in g to n , D is tr ic t o f C o lu m b ia , o r elsew h ere, as it m a y deem n e c e ssa ry , m a y select its ow n officers and a d o p t its ow n m eth o d s o f p ro ce d u re, and a m a jo r ity o f its m em b ers sh all c o n stitu te a q u oru m fo r th e tra n sa c tio n o f b u sin ess. V a c a n c ie s in th e cou n cil sh all be filled b y th e re sp e c tiv e re se rve b a n k s, and m em b ers selected to fill v a c a n c ie s sh all se rv e fo r th e u n ex p ire d term . T h e F e d e ra l A d v is o r y C o u n c il sh all h a v e p o w e r, b y it s e lf or th ro u g h its o fficers, ( 1) to co n fer d ire c tly w ith th e F e d e ra l R e s e rv e B o a rd on g e n era l b usin ess co n d itio n s; (2) to m a k e o ra l o r w ritte n re p re se n ta tio n s con cern in g m a tte rs w ith in th e ju risd ic tio n o f said b o a rd ; (3) to call fo r in fo rm a tio n and to m a k e re co m m e n d a tio n s in re ga rd to d isco u n t ra te s, red isco u n t b u sin ess, note issu es, rese rve co n d itio n s in th e v a rio u s d istric ts, th e p u rc h a se and sale o f gold or secu rities by re se rve b a n k s, o p e n -m a rk e t o p eratio n s b y said b an k s, and th e g en eral a ffairs o f th e re se rve b an k in g sy ste m . POWERS OF F E D E R A L R E S E R V E B ANKS As amended by act approved Mar. 3, 19x3 (38 Stat., 958, chap. 93); act approved Sept. 7, 1916 (39 Stat., 752, chap. 461); act approved June 21, 1917 (40 Stat., 232, chap. 32). Sec. 1 3 . A n y F e d e ra l re se rve b an k m a y re ceive from a n y o f its m em b er b a n k s, and from th e U n ited S ta te s ,1 U Jn d e r a u t h o r it y o f W a r F in a n c e A c t , a p p r o v e d A p r . 5 , 1 9 1 8 , as am e n d e d b y a c t o f M a r . 3 , 1 9 1 9 , m a y re c e iv e d e p o s its fro m W a r F in a n c e C o r p o r a tio n . A P PEN D IX . 369 B d e p o sits o f c u rren t fu n d s in la w fu l m o n e y, n a tio n a l-b a n k n o tes, F e d e ra l re se rv e n o tes, o r ch eck s, and d r a fts , p a y a b le upon p re se n ta tio n , and also, fo r co llectio n , m a tu rin g n o tes and b ills; o r, so le ly fo r p u rp o ses o f ex ch a n ge o r o f co llectio n , m a y re ceive fro m o th e r F e d e ra l re se rv e b an k s d e p o sits o f c u rren t fu n d s in la w fu l m o n e y, n a tio n a l-b a n k n o tes, o r ch eck s u pon o th e r F e d e ra l re se rv e b a n k s, and ch ec k s and d r a fts , p a y a b le u pon p re se n ta tio n w ith in its d istric t, and m a tu rin g n o tes and b ills p a y a b le w ith in its d is tr ic t; o r, so le ly fo r th e p u rp o ses o f ex ch a n ge o r o f co llectio n , m a y re ce iv e from a n y n o n m em b er b an k o r tru st com pany d e p o sits o f cu rre n t fu n d s in la w fu l m o n e y, n a tio n a l-b a n k n o tes, F e d e ra l re se rv e n o tes, ch eck s and d r a fts p a y a b le u pon p re se n ta tio n , o r m a tu rin g n otes and b ills : Provided, S u ch n o n m em b er b a n k o r tru s t c o m p a n y m a in ta in s w ith th e F e d e ra l re se rv e b a n k o f its d istric t a b ala n ce su fficien t to o ffset th e ite m s in tra n s it held fo r its acco u n t b y th e F e d e ra l re se rv e b a n k : Provided, fu rth e r, T h a t n o th in g in th is o r a n y o th e r section o f th is a c t sh all be co n stru ed as p ro h ib itin g a m e m b er o r n on m em ber b a n k fro m m a k in g re a so n a b le c h a rg e s, to be d eterm in ed and re g u la te d b y th e F e d e ra l R e s e r v e B o a rd , b u t in no case to exceed 1 0 cen ts p e r # 10 0 o r fra c tio n th ere o f, based on th e to ta l o f ch eck s and d r a fts p resen ted a t a n y one tim e , fo r co llectio n o r p a y m e n t o f ch eck s and d r a fts and rem ission th e re fo r b y e x c h a n g e o r o th e rw ise ; b u t no such ch a rg es sh all be m ad e a g a in st th e F e d e ra l re se rv e b an k s. U p on th e in d o rse m e n t o f a n y o f its m em b er b a n k s, w h ich sh all be deem ed a w a iv e r o f d e m a n d , n o tice and p ro te st b y such b a n k as to its ow n in d orsem en t e x c lu s iv e ly , a n y F e d e ra l re se rv e b a n k m a y d isc o u n t n o tes, d r a fts , and b ills o f ex c h a n g e a risin g o u t o f a c tu a l com m e rcia l tra n s a c tio n s; th a t is, n o tes, d r a fts , and b ills o f ex c h a n g e issu ed o r d raw n fo r a g ric u ltu ra l, in d u stria l, 370 AN ADVENTURE IN C O N STR U C TIV E FIN A N C E o r co m m ercia l p u rp o ses, o r th e proceed s o f w h ich h a v e been u sed , o r are to be u sed , fo r such p u rp o ses, th e F e d e ra l R e s e r v e B o a rd to h a v e th e rig h t to d eterm in e o r define th e c h a ra c te r o f th e p a p e r th u s elig ib le fo r d isc o u n t, w ith in th e m e an in g o f th is A c t. N o th in g in th is A c t co n tain ed sh all be co n stru ed to p ro h ib it such n o tes, d ra fts , and bills o f ex c h a n g e, secured b y sta p le a g ric u ltu ra l p ro d u cts, o r o th e r go o d s, w a re s, o r m erch an d ise from being elig ib le fo r such d isc o u n t; b u t such d efin ition sh all not in clu d e n o tes, d r a fts , o r bills c o v e rin g m e re ly in v e stm e n ts o r issu ed o r d raw n fo r th e p u rp o se o f c a rry in g o r tra d in g in sto ck s, bon ds, o r o th e r in v e stm e n t secu rities, ex c ep t bonds and n otes o f th e G o v e rn m e n t o f th e U n ite d S ta te s .1 N o te s, d r a fts , and bills a d m itte d to d isc o u n t u n d er th e term s o f th is p a ra g ra p h m u st h a v e a m a tu r ity a t th e tim e o f d isc o u n t o f n o t m o re th an n in e ty d a y s , e x c lu siv e o f d a y s o f g r a c e : Provided, T h a t n o tes, d r a fts , and bills d raw n o r issu ed fo r a g ric u ltu ra l p u rp o ses o r b ased on live sto ck and h a v in g a m a tu r ity n o t ex ceed in g six m on th s, e x c lu siv e o f d a y s o f g ra c e , m a y be d isco u n ted in an am o u n t to be lim ite d to a p e rce n tag e o f th e asse ts o f th e F e d e ra l re se rv e b a n k , to be a sc erta in e d and fixed b y th e F e d e ra l R e s e rv e B o a rd . T h e a g g re g a te o f such n o tes, d r a fts , and bills bearin g the sig n a tu re o r in d orsem en t o f a n y one b o rro w er, w h eth er a p erson , co m p a n y , firm , o r co rp o ra tio n , red iscou n ted fo r a n y one b a n k sh all a t no tim e exceed ten p e r cen tu m o f th e u n im p a ire d c a p ita l and su rp lu s o f said b a n k ; b u t th is re strictio n sh all n o t a p p ly to th e d isco u n t o f bills o f ex ch a n ge d ra w n in good fa ith a g a in st a c tu a lly ex istin g v a lu e s .*2 A n y F e d e ra l re se rv e b a n k m a y d isco u n t accep tan ces •O r b o n d s o f th e W a r F in a n c e C o r p o r a tio n . 2A in e n d e d b y se c tio n n ( m ), as a m e n d e d M a r c h 3, 1 9 1 9 . S e e a n te , p. 3 6 7 . A P PE N D IX B 371 o f the kin d s h e re in a fte r d e scrib e d , w h ich h a v e a m a tu rity a t th e tim e o f d isco u n t o f n o t m ore th an th ree m o n th s’ sig h t, e x c lu siv e o f d a y s o f g ra c e , and w h ich are indorsed b y a t le a st one m e m b er b an k . A n y m e m b er b a n k m a y a cce p t d r a fts o r b ills o f ex ch an ge d raw n upon it h a v in g n o t m o re th an six m o n th s’ sig h t to ru n , e x c lu siv e o f d a y s o f g ra c e , w h ich gro w o u t o f tra n sa c tio n s in v o lv in g th e im p o rta tio n o r ex p o rta tio n o f g o o d s; o r w h ich g ro w o u t o f tra n sa c tio n s in v o lv in g th e d o m estic sh ip m en t of good s p ro vid ed sh ip p in g d o cu m en ts c o n v e y in g o r secu rin g title are a t ta ch ed a t th e tim e o f a c c e p ta n c e ; o r w h ich are secured a t th e tim e o f a c ce p ta n ce b y a w a re h o u se re ceip t o r o th e r such d o c u m en t c o n v e y in g o r secu rin g title co ve rin g re a d ily m a rk e ta b le stap le s. N o m em b er b an k sh all a c c e p t, w h e th e r in a foreign o r d o m estic tra n sa c tio n , for a n y one p erson , co m p a n y , firm , o r co rp o ratio n to an a m o u n t eq u a l a t a n y tim e in th e a g g re g a te to m ore th an ten p er cen tu m o f its p a id -u p and u n im p aired c a p ita l sto ck and su rp lu s, u n less th e b an k is secured eith e r b y a tta c h e d d o cu m en ts o r b y som e o th e r a ctu a l se c u rity g ro w in g o u t o f th e sam e tra n sa c tio n as th e a c c e p ta n c e ; and no b an k sh all a cce p t such bills to an am o u n t eq u a l a t a n y tim e in th e a g g re g a te to m ore th an o n e -h a lf o f its p a id -u p and u n im p a ire d c a p ita l sto ck and su rp lu s: R e s e rv e B o a rd , Provided, however, T h a t th e F e d e ra l u n d e r such g e n era l re g u la tio n s as it m a y p re scrib e , w h ich sh all a p p ly to all b an k s a lik e re g a rd less o f the am o u n t o f c a p ita l sto ck and su rp lu s, m a y a u th o riz e a n y m em b er b a n k to a cce p t such b ills to an a m o u n t n o t exceed in g a t a n y tim e in th e a g g re g a te one h u n d red p e r cen tu m o f its p a id -u p and u n im p a ire d c a p ita l sto ck and su rp lu s: Provided further, T h a t th e a g g re g a te of a cce p ta n ces gro w in g o u t o f d o m estic tra n sa c tio n s sh all in no e v e n t AN ADVENTURE IN CONSTRUCTIVE FINANCE exceed fift y p er cen tu m o f such c a p ita l sto ck and su rp lu s. A n y F e d e ra l re se rv e b a n k m a y m a k e a d v a n c e s to its m em b er b a n k s on th e ir p ro m isso ry n otes fo r a period n o t ex ceed in g fifteen d a y s a t ra te s to be esta b lish ed b y su ch F e d e ra l re se rv e b a n k s, s u b je c t to th e re v ie w and d e te rm in a tio n o f th e F e d e ra l R e s e r v e B o a rd , p ro vid ed su ch p ro m isso ry n otes are secured b y such n o tes, d ra fts , b ills o f ex ch a n ge, o r b a n k e rs’ a cce p ta n ces as are eligible fo r re d isco u n t o r fo r p u rc h a se b y F e d e ra l re se rve b an k s u n d e r th e p ro visio n s o f th is A c t , o r b y th e d e p o sit or p led ge o f bonds o r n o tes o f th e U n ite d S ta te s .1 Sectio n fifty -tw o h u n d red and tw o o f th e R e v is e d S t a t u tes o f th e U n ite d S ta te s is h e re b y am end ed so as to read as fo llo w s: “ N o n a tio n a l b an k in g asso ciatio n sh all a t a n y tim e be in d eb ted , o r in a n y w a y lia b le to an a m o u n t exceed in g th e a m o u n t o f its c a p ita l sto ck a t such tim e a c tu a lly p aid in and re m ain in g u n d im in ish ed b y losses o r oth erw ise, e x c e p t on acco u n t o f d em an d s o f th e n a tu re fo llo w in g : F ir s t. N o te s o f circu latio n . Secon d . M o n e y s d ep o sited w ith o r collected b y th e asso ciatio n . T h ird . B ills o f ex ch a n ge or d r a fts d raw n a g a in st m o n ey a c tu a lly on d e p o sit to th e cre d it o f th e asso c iatio n , o r due th ere to . F o u rth . L ia b ilitie s to th e sto ck h o ld ers o f th e asso cia tio n fo r d ivid e n d s and re se rve profits. F ifth . L ia b ilitie s in cu rred u n d er th e p ro visio n s o f the F e d e ra l R e s e rv e A c t. S ix th . L ia b ilitie s in cu rred u n d er th e p ro visio n s o f th e W a r F in a n c e C o rp o ra tio n A c t .2 *Or b y b o n d s o f W a r F in a n c e C o r p o r a t io n . * T h is s u b - p a r a g r a p h an d th e o n e fo llo w in g w e re ad d e d to se c tio n 5 2 0 2 , R e v is e d S t a t u te s , b y th e W a r F in a n c e C o r p o r a t io n A c t , a p p ro v e d A p r . 5 , 1 9 1 8 , an d b y th e a c t o f O ct. 2 2 , 1 9 1 9 . re s p e c tiv e ly . A P PE N D IX B 373 S e v e n th . L ia b ilitie s c rea ted b y th e in d o rsem en t o f ac cep ted b ills o f ex c h a n g e p a y a b le a b ro a d a c tu a lly ow ned b y th e in d o rsin g b a n k and d isco u nted a t hom e o r ab ro a d . T h e d isco u n t and re d isco u n t and th e p u rch a se and sale b y a n y F e d e ra l re se rv e b a n k o f a n y b ills re c e iv a b le and o f d o m estic and foreign b ills o f ex c h a n g e , and o f a c c e p t an ces a u th o rized b y th is A c t , sh all be su b je c t to such re strictio n s, lim ita tio n s, and re g u la tio n s as m a y be im posed b y th e F e d e ra l R e s e r v e B o a rd . T h a t in a d d itio n to th e p o w ers n o w v e ste d b y la w in n a tio n a l b a n k in g asso c iatio n s organ ized u n d er th e law s o f th e U n ite d S ta te s a n y su ch a sso ciatio n lo ca ted and d o in g b usin ess in a n y p lac e th e p o p u latio n o f w h ich does n o t exceed fiv e th o u sa n d in h a b ita n ts, as show n b y th e la s t p reced in g d ecen n ial cen su s, m a y , u n d e r such ru les an d re g u la tio n s as m a y be p rescrib ed b y th e C o m p tro lle r o f the^ C u rre n c y , a c t as th e a g en t fo r a n y fire, life, o r o th e r in su ran c e c o m p a n y au th o riz ed b y th e a u th o ritie s o f th e S ta te in w h ich said b a n k is lo ca ted to do business in said S ta te , b y so licitin g an d sellin g in su ran ce and col le c tin g p rem iu m s on p olicies issu ed b y such c o m p a n y ; and m a y re ceiv e fo r se rv ic e s so ren d ered such fees or co m m issio n s as m a y be agreed u pon betw een th e said a sso c iatio n and th e in su ran ce c o m p a n y fo r w h ich it m a y a c t as a g e n t; and m a y also a c t as th e b ro k er o r agen t fo r o th e rs in m a k in g o r p ro c u rin g lo an s on real e sta te lo ca ted w ith in one h u n d red m iles o f th e p lace in w h ich said b an k m a y be lo ca te d , re c e iv in g fo r such serv ice s a reaso n ab le fee o r co m m issio n : Provided, however, T h a t no such b an k sh all in a n y ca se g u a ra n te e eith e r th e p rin cip al o r in te rest o f a n y such lo an s o r assu m e o r g u a ra n te e th e p a y m e n t o f a n y p rem iu m on in su ran c e p olicies issu ed th ro u g h its a g e n c y b y its p rin c ip a l: A nd provided further, T h a t th e b an k sh all n o t g u a ra n te e th e tru th o f a n y sta te - AN ADVENTURE i n c o n s t r u c t i v e f i n a n c e 374 m e n t m ad e b y an a ssu red in filin g his ap p lica tio n for in su ra n c e . A n y m e m b er b a n k m a y a cce p t d r a fts o r b ills o f exch an ge d raw n u pon it h a v in g n o t m ore th a n th ree m o n th s’ sig h t to ru n , e x c lu siv e o f d a y s o f g ra c e , d raw n u n d er regu la tio n s to be p re scrib ed b y th e F e d e ra l R e s e rv e B o a rd b y b a n k s o r b a n k e rs in fo reig n co u n tries o r dep en d en cies o r in su la r possession s o f th e U n ite d S ta te s fo r th e p u r pose o f fu rn ish in g d o lla r ex c h a n g e as req u ired b y th e u sag es o f tra d e in th e re sp e c tiv e co u n tries, d epend encies, or in su la r p ossession s. Such d r a fts or b ills m ay be a cq u ire d b y F e d e ra l re se rv e b a n k s in such am o u n ts and s u b je c t to su ch re g u la tio n s, re stric tio n s, and lim ita tio n s as m a y be p re scrib ed b y th e F e d e ra l R e s e rv e B o a r d : Provided, however, T h a t no m e m b er b a n k sh all a cce p t such d r a fts o r b ills o f ex c h a n g e refe rred to th is p a ra g ra p h fo r a n y one b an k to an a m o u n t ex c eed in g in th e a g g re g a te te n p er cen tu m o f th e p a id -u p and u n im p a ire d c a p ita l and su rp lu s o f th e a c c e p tin g b a n k u n less th e d r a ft o r bill o f ex c h a n g e is acco m p an ie d b y d o c u m en ts c o n v e y in g o r se cu rin g title o r b y som e o th e r a d e q u a te s e c u r ity : Provided further, T h a t no m e m b er b a n k sh all a cce p t such d r a fts or b ills in an a m o u n t ex c eed in g a t a n y tim e the a g g re g a te o f o n e -h a lf o f its p a id -u p and u n im p a ire d c a p ita l and su rp lu s. o p e n -m a r k e t o p e r a t io n s As amended by act approved Sept. 7, 1916 (39 Stat., 752, chap. 461); act approved June 21, 1917 (40 Stat., 232, chap. 32); act approved Apr. 13, 1920. Sec. 14 . A n y F e d e ra l re se rv e b a n k m a y , u n d e r rules and re g u la tio n s p rescrib ed b y th e F e d e ra l R e s e rv e B o a rd , p u rch a se and sell in th e open m a rk e t, a t h om e o r a b ro a d , e ith e r fro m o r to d o m estic o r fo reign b a n k s, firm s, co r p o ra tio n s, o r in d iv id u a ls, c a b le tra n s fe rs and b a n k e rs’ APPENDIX B 375 a cce p ta n ces and bills o f ex c h a n g e o f th e kin d s and m a tu ri ties b y th is A c t m ad e elig ib le fo r re d isco u n t, w ith o r w ith o u t th e in d o rse m e n t o f a m em b er b an k . E v e r y F e d e ra l re se rv e b an k sh all h a v e p o w e r: (a) T o deal in go ld coin and bullion a t h om e o r a b ro a d , to m a k e lo an s th ereon , ex c h a n g e F e d e ra l re se rv e n otes fo r go ld , gold coin, o r go ld c e rtific a te s, and to co n tra c t fo r lo an s o f go ld coin o r bullion , g iv in g th e re fo r, w h en necess a r y , a cce p ta b le se c u rity , in c lu d in g th e h y p o th e c a tio n o f U n ite d S ta te s bonds o r o th e r sec u rities w h ich F e d e ra l re se rve b an k s are au th o riz ed to h o ld ; (b) T o b u y and sell, a t h om e o r a b ro a d , bonds and n otes o f th e U n ited S ta te s , and b ills, n o tes, re v e n u e bonds, and w a rra n ts w ith a m a tu r ity from d a te o f p u rc h a se o f not ex ceed in g six m o n th s, issu ed in a n tic ip a tio n o f the collec tion o f ta x e s o r in a n tic ip a tio n o f th e re ceip t o f assu red reven u es b y a n y S ta te , c o u n ty , d istr ic t, p o litic a l s u b d iv i sion, o r m u n ic ip a lity in th e c o n tin e n ta l U n ite d S ta te s , in clu d in g irrig a tio n , d ra in a g e , and re cla m a tio n d istric ts, such p u rc h a se s to be m ad e in a cco rd a n ce w ith ru les and re g u la tio n s p rescrib ed b y th e F e d e ra l R e s e r v e B o a r d ; (c) T o p u rch ase from m em b er b a n k s and to sell, w ith o r w ith o u t its in d orsem en t, bills o f e x c h a n g e a risin g o u t o f co m m ercial tra n sa c tio n s, as h erein b efo re d e fin ed ; (d) T o e sta b lish from tim e to tim e , su b je c t to re v ie w and d e term in atio n o f th e F e d e ra l R e s e r v e B o a rd , ra tes o f d isco u n t to be ch arged b y th e F e d e ra l re se rv e b a n k fo r each class o f p a p e r, w h ich sh all be fixed w ith a v ie w o f acco m m o d a tin g co m m erce and b u sin ess and w h ich , su b je c t to th e a p p ro v a l, re v ie w , and d e te rm in a tio n o f th e F e d e ra l R e s e rv e B o a rd , m a y be g ra d u a te d o r p ro gressed on th e b asis o f th e a m o u n t o f th e a d v a n c e s and d isco u n t a cco m m o d a tio n s ex te n d ed b y th e F e d e ra l re se rv e b a n k to th e b o rro w in g b an k . 376 AN ADVENTURE IN CONSTRUCTIVE FINANCE (e) T o esta b lish a cco u n ts w ith o th e r F e d e ra l re se rv e b an k s fo r ex ch a n ge p u rp o ses a n d , w ith th e co n sent o r upon th e o rd e r and d irec tio n o f th e F e d e ra l R e s e rv e B o a rd and u n d e r re g u la tio n s to be p re scrib ed b y said b o ard , to open and m a in ta in a cco u n ts in foreign co u n trie s, a p p o in t c o rresp o n d e n ts, and e sta b lish agen cies in su ch co u n tries w h e re so e v e r it m a y be deem ed b est fo r th e pu rpose o f p u rc h a sin g , sellin g, and co llectin g b ills o f ex c h a n g e, and to b u y and sell, w ith o r w ith o u t its in d orse m en t, th ro u g h su ch co rresp o n d e n ts o r agen cies, b ills o f ex ch a n ge (or a cce p ta n ces) a risin g o u t o f a c tu a l co m m er cial tra n sa c tio n s w h ich h a v e n o t m ore th an n in e ty d a y s to ru n , e x c lu siv e o f d a y s o f g ra c e , and w h ich b e a r th e sig n a tu re o f tw o o r m ore resp on sib le p a rtie s, an d , w ith th e co n sen t o f th e F e d e ra l R e s e r v e B o a rd , to open and m a in ta in b a n k in g acco u n ts fo r such fo reign co rresp o n d en ts o r agen cies. W h e n e v e r a n y such a cco u n t h as been opened o r a g e n c y o r co rresp o n d e n t h as been ap p o in ted b y a F e d e ra l re se rv e b a n k , w ith th e co n sen t o f o r u n d er th e o rd er and d irectio n o f th e F e d e ra l R e s e r v e B o a rd , a n y o th e r F e d e ra l re se rv e b a n k m a y , w ith th e co n sent and a p p ro v a l o f th e F e d e ra l R e s e r v e B o a rd , be p e rm itte d to c a r r y on o r co n d u ct, th ro u g h th e F e d e ra l re se rv e b an k o p en in g such acco u n t o r a p p o in tin g such a g e n c y o r co rresp o n d e n t, any tra n sa c tio n a u th o riz ed by th is section u n d e r ru les an d re g u la tio n s to be p rescrib ed b y th e b o ard . GOVERN M EN T DEPOSITS S ec. 15 .1 T h e m o n e ys held in th e g en eral fu n d o f th e T r e a s u r y , e x c e p t th e fiv e p er cen tu m fu n d fo r th e re d e m p tio n o f o u tsta n d in g n a tio n a l-b a n k n otes and the fu n d s p ro v id ed in th is A c t fo r th e red em p tio n o f F e d e ra l ‘ T h is se c tio n in e ffe c t a m e n d e d b y A p p r o p r ia tio n A c t o f 19 2 0 , a p p ro v e d M a y 29 , 19 2 0 . APPENDIX B 377 re se rv e n otes m a y , upon th e d irec tio n o f th e S e c re ta ry o f th e T r e a s u r y , be d e p o sited in F e d e ra l re se rv e b a n k s, w h ich b a n k s, w h en req u ired b y th e S e c re ta ry o f th e T r e a s u r y , sh all a c t as fiscal a g e n ts o f th e U n ite d S t a t e s ,1 and th e re ven u es o f th e G o v e rn m e n t o r a n y p a rt th e re o f m a y be d ep o sited in such b an k s, and d isb u rsem en ts m a y be m ad e b y ch eck s d raw n a g a in st su ch d ep o sits. N o p u b lic fu n d s o f th e P h ilip p in e Is la n d s , o r o f the p o sta l sa v in g s, o r a n y G o v e rn m e n t fu n d s, sh all be depos ited in th e co n tin e n ta l U n ite d S ta te s in a n y b an k not belo n gin g to th e sy ste m e sta b lish ed b y th is A c t :2 Pro vided, however, T h a t n o th in g in th is A c t sh all be con stru ed to d e n y th e rig h t o f th e S e c re ta ry o f th e T r e a s u r y to use m em b er b an k s as d ep o sito ries. NOTE ISSU E S As amended by act approved Sept. 7, 1916 (39 Stat., 752, chap. 461); act approved June 21, 1917 (40 Stat., 232, chap. 32). Act approved Sept. 26, 1918. Sec. 16 . F e d e ra l re se rve n o tes, to be issu ed a t the d is cretio n o f th e F e d e ra l R e s e rv e B o a rd fo r th e pu rpose o f m a k in g a d v a n c e s to F e d e ra l re se rv e b an k s th ro u g h the F e d e ra l re se rve agen ts as h e re in a fte r set fo rth and fo r no o th e r p u rp o se, are h e re b y au th o riz ed . T h e said n otes sh all be o b lig atio n s o f th e U n ite d S ta te s and sh all be re ce iv a b le b y all n a tio n a l and m e m b er b an k s and F e d e ra l re se rve b an k s and fo r all ta x e s, cu sto m s, and o th e r p u b lic dues. T h e y sh all be redeem ed in go ld on d em an d a t th e •U n d e r W a r F in a n c e C o r p o r a t io n A c t , a p p r o v e d A p r . 5 , 1 9 1 8 , as am e n d e d b y A c t o f M a r . 3 , 1 9 1 9 , F e d e r a l R e s e r v e B a n k s m a y a ls o a c t a s fis ca l a g e n ts o f th e W a r F in a n c e C o r p o r a tio n . H in d e r se c tio n 7 o f th e a c t a p p r o v e d A p r . 2 4 , 1 9 1 7 , se c tio n 8 o f th e a c t a p p ro v e d S e p t . 2 4 , 1 9 1 7 , an d s e c tio n 8 o f t h e a c t a p p r o v e d A p r . 4 , 1 9 1 8 , th e p ro c e e d s o f s a le o f L i b e r t y b o n d s o f th e firs t, s e c o n d , an d th ird is su e s m a y be d e p o s ite d in n o n m e m b e r b a n k s . T h e a c t o f M a y 1 8 , 1 9 1 6 , a m e n d in g th e P o s t a l S a v in g s A c t , a u th o riz e s th e d e p o s it o f p o s ta l s a v in g s fu n d s in n o n m e m b e r b a n k s . 378 AN ADVENTURE IN CONSTRUCTIVE FINANCE T r e a s u r y D e p a rtm e n t o f th e U n ite d S ta te s , in th e c ity o f W a sh in g to n , D is t r ic t o f C o lu m b ia , o r in go ld o r la w fu l m o n ey a t a n y F e d e ra l re se rv e b an k . A n y F e d e ra l re se rv e b a n k m a y m a k e a p p lic a tio n to th e lo ca l F e d e ra l re se rv e a g e n t fo r such a m o u n t o f th e F e d e ra l re se rv e n otes h ere in b e fo re p ro v id e d fo r as it m a y req u ire. Su ch a p p lic a tio n sh a ll be a cco m p an ie d w ith a te n d e r to th e lo cal F e d e ra l re se rv e a g e n t o f co lla te ra l in a m o u n t eq u a l to th e sum o f th e F e d e ra l re se rv e n o tes th u s a p p lied fo r and issu ed p u rsu a n t to such a p p lic a tio n . T h e col la te ra l s e c u rity th u s o ffered sh a ll be n o tes, d r a fts , b ills o f ex ch a n ge, o r a cce p ta n ce s a cq u ire d u n d e r th e p ro v isio n s o f section th irtee n o f th is a c t, o r b ills o f ex c h a n g e in d orsed b y a m em b er b a n k o f a n y F e d e ra l re se rv e d istric t and p u rch ased u n d e r th e p ro v isio n s o f sectio n fo u rte en o f th is a c t, o r b a n k e rs’ a cce p ta n ce s p u rc h a se d u n d e r th e pro visio n s o f said sectio n fo u rte e n , o r go ld o r gold ce rtifi c a te s ; b u t in no e v e n t sh a ll su ch c o lla te ra l s e c u r ity , w h eth er g o ld , go ld c e rtific a te s, o r elig ib le p a p e r, be less th a n th e a m o u n t o f F e d e r a l re se rv e n o tes ap p lied fo r .1 T h e F e d e ra l re se rv e a g e n t sh a ll each d a y n o tify th e F e d eral R e s e rv e B o a rd o f all issu es an d w ithd ra-w als o f F e d eral re se rve n otes to and b y th e F e d e ra l re se rv e b a n k to w h ich he is a ccred ited . T h e said F e d e ra l R e s e r v e B o a rd m a y a t a n y tim e ca ll u pon a F e d e ra l re se rv e b a n k fo r a d d itio n al s e c u r ity to p ro te c t th e F e d e ra l re se rv e n o tes issued to it. E v e r y F e d e ra l re se rv e b a n k sh a ll m a in ta in re se rv e s in gold o r la w fu l m o n e y o f n o t less th a n th ir ty -fiv e p er cen tu m a g a in st its d e p o sits an d re se rv e s in go ld o f n o t less th a n fo r t y p e r cen tu m a g a in st its F e d e r a l re se rv e R J n d e r s e c tio n 1 3 o f W a r F in a n c e C o r p o r a t io n A c t , a p p r o v e d A p r . 5 , 1 9 1 8 , n o te s sec u re d b y W a r F in a n c e C o r p o r a t io n b o n d s m a y b e u se d t o t h e s a m e e x te n t , a s co l la t e r a l, as n o te s se cu re d b y U n it e d S t a t e s b o n d s. APPENDIX B 379 n o tes in a c tu a l c irc u la tio n : Provided, however, T h a t w h en th e F e d e ra l re se rv e a g e n t h old s go ld o r go ld c e rtific a te s as c o lla te ra l fo r F e d e ra l re se rv e n o tes issu ed to th e b a n k su ch go ld o r go ld c e rtific a te s sh a ll be co u n ted as p a rt o f th e go ld re se rv e w h ich su ch b a n k is re q u ired to m a in ta in a g a in st its F e d e ra l re se rv e n o tes in a c tu a l circu latio n . N o te s so p a id o u t sh a ll b ea r u pon th e ir fac es a d istin c tiv e le tte r and serial n u m b er w h ich sh all be assign ed b y th e F e d e ra l R e s e r v e B o a rd to each F e d e ra l re se rv e b an k . W h e n e v e r F e d e ra l re se rv e n otes issu ed th ro u g h one F e d e ra l re se rv e b a n k sh all be re ce iv e d b y a n o th e r F e d e ra l re se rv e b a n k , th e y sh a ll be p ro m p tly retu rn ed fo r cred it o r re d em p tio n to th e F e d e ra l re se rv e b a n k th ro u g h w h ich th e y w e re o rig in a lly issu ed o r, u pon d irectio n o f such F e d e r a l re se rv e b a n k , th e y sh a ll be fo rw a rd e d d ire c t to th e T r e a s u r e r o f th e U n ite d S ta te s to be re tired . N o F e d e r a l re se rv e b a n k sh a ll p a y o u t n o tes issu ed th ro u g h a n o th e r u n d e r p e n a lty o f a t a x o f ten p e r cen tu m upon th e fa c e v a lu e o f n o tes so p a id o u t. N o te s presen ted for re d em p tio n a t th e T r e a s u r y o f th e U n ite d S ta te s sh all be p a id o u t o f th e re d em p tio n fu n d an d re tu rn ed to the F e d e ra l re se rv e b a n k s th ro u g h w h ich th e y w e re o rig in a lly issu e d , and th e re u p o n su ch F e d e ra l re se rv e b a n k sh a ll, u p o n d em an d o f th e S e c r e ta r y o f th e T r e a s u r y , re im b u rse su ch re d em p tio n fu n d in la w fu l m o n e y o r, i f such F e d e ra l re se rv e n o tes h a v e been redeem ed b y th e T re a s u re r in g o ld o r go ld c e rtific a te s, th en su ch fu n d s sh all be reim b u rsed to th e e x te n t d eem ed n e c e ssa ry b y th e S e c re ta ry o f th e T r e a s u r y in go ld o r go ld c e rtific a te s, and such F e d e ra l re se rv e b a n k sh a ll, so lo n g as a n y o f its F e d e ra l re se rv e n o tes re m ain o u tsta n d in g , m a in ta in w ith th e T r e a s u r e r in go ld an a m o u n t su fficien t in th e ju d g m e n t o f th e S e c r e ta r y to p ro v id e fo r all re d em p tio n s to be m a d e b y th e T re a s u re r. F e d e ra l re se rv e n o tes re ceived b y th e 380 AN ADVENTURE IN CONSTRUCTIVE FINANCE T re a s u re r o th e rw ise th a n fo r re d em p tio n m a y be e x ch an ged fo r go ld o u t o f th e re d em p tio n fu n d h e re in a fte r p ro vid ed and re tu rn e d to th e re se rv e b a n k th ro u g h w h ic h th e y w ere o rig in a lly issu ed , o r th e y m a y be re tu rn ed to such b an k fo r th e c re d it o f th e U n ite d S ta te s . F e d e ra l re se rv e n o tes u n fit fo r c irc u la tio n sh a ll be re tu rn ed b y th e F e d e ra l re se rv e a g e n ts to th e C o m p tro lle r o f th e C u rre n c y fo r c a n c e lla tio n and d e stru c tio n . T h e F e d e ra l R e s e r v e B o a rd sh a ll re q u ire ea ch F e d e ra l re se rv e b a n k to m a in ta in on d e p o sit in th e T r e a s u r y o f th e U n ite d S ta te s a sum in go ld su fficien t in th e ju d g m e n t o f th e S e c re ta ry o f th e T r e a s u r y fo r th e re d em p tio n o f th e F e d e ra l re se rv e n o tes issu ed to su ch b a n k , b u t in no e v e n t less th a n fiv e p e r ce n tu m o f th e to ta l a m o u n t o f n otes issu ed less th e a m o u n t o f g o ld o r go ld c e rtific a te s held b y th e F e d e ra l re se rve a g e n t as c o lla te ra l s e c u r ity ; b u t such d e p o sit o f go ld sh a ll be co u n ted and in clu d ed as p a rt o f th e fo r t y p er ce n tu m re se rv e h ere in b e fo re req u ired . T h e b o ard sh all h a v e th e rig h t, a c tin g th ro u g h th e F e d e ra l re se rv e a g e n t, to g r a n t in w h o le o r in p a rt, o r to re je c t e n tire ly th e a p p lic a tio n o f a n y F e d e ra l re serv e b a n k fo r F e d e ra l re se rv e n o te s ; b u t to th e e x te n t th a t such a p p lic a tio n m a y be g ra n te d th e F e d e ra l R e serv e B o a rd sh a ll, th ro u g h its lo ca l F e d e ra l re se rv e a g en t, s u p p ly F e d e ra l re se rv e n otes to th e b a n k s so a p p ly in g , and such b an k sh all be ch a rg ed w ith th e a m o u n t o f n otes issu ed to it and sh all p a y su ch ra te o f in te re st as m a y be esta b lish e d b y th e F e d e ra l R e s e r v e B o a rd on o n ly t h a t am o u n t o f su ch n o tes w h ich e q u a ls th e to ta l a m o u n t o f its o u tsta n d in g F e d e ra l re se rv e n o tes less th e a m o u n t o f gold o r go ld ce rtifica te s held b y th e F e d e ra l re se rve agen t as co lla te ra l se c u rity . F e d e ra l re se rv e n o tes issu ed to a n y such b an k sh a ll, u pon d e liv e ry , to g e th e r w ith such n otes o f such F e d e ra l rese rve b an k as m a y be issu ed u n d er APPENDIX B 381 sectio n eigh teen o f th is a c t u pon se c u r ity o f U n ite d S ta te s tw o p e r c e n tu m G o v e rn m e n t b o n d s, becom e a first and p a ra m o u n t lien on a ll th e a sse ts o f such b an k . A n y F e d e ra l re se rv e b a n k m a y a t its lia b ilit y fo r o u ts ta n d in g F e d e ra l d e p o sitin g w ith th e F e d e ra l re se rv e re se rv e n o tes, g o ld , go ld c e rtific a te s, o f th e U n ite d S ta te s . a n y tim e redu ce re se rv e n o tes b y a g e n t its F e d e ra l o r la w fu l m o n e y F e d e ra l re se rv e n o tes so d ep o sited sh a ll n o t be re issu e d , e x c e p t u p o n co m p lian c e w ith th e co n d itio n s o f an o rig in a l issu e. T h e F e d e ra l re se rv e a g e n t sh a ll h old such g o ld , gold c e rtific a te s, o r la w fu l m o n e y a v a ila b le e x c lu s iv e ly fo r e x c h a n g e fo r th e o u ts ta n d in g F e d e ra l re se rv e n o tes w h en o ffered b y th e re se rv e b a n k o f w h ich he is a d irecto r. U p o n th e re q u e st o f th e S e c r e ta r y o f th e T r e a s u r y th e F e d e ra l R e s e r v e B o a rd sh all re q u ire th e F e d e ra l re se rve a g e n t to tra n s m it to th e T r e a s u r e r o f th e U n ite d S ta te s so m u ch o f th e go ld held b y h im as co lla te ra l se c u r ity fo r F e d e ra l re se rv e n o tes as m a y be re q u ired fo r th e e x c lu siv e p u rp o se o f th e re d em p tio n o f su ch F e d e ra l re se rve n otes, b u t such go ld w h en d e p o sited w ith th e T r e a s u r e r sh all be co u n ted and co n sid ered as i f co lla te ra l s e c u rity on de p o sit w ith th e F e d e ra l re se rv e agen t. A n y F e d e ra l re se rv e b an k m a y a t its d iscretion w ith d r a w co lla te ra l d ep o sited w ith th e lo cal F e d e ra l re se rve a g e n t fo r th e p ro te ctio n o f its F e d e ra l re se rve n otes issu ed to it and sh all a t th e sam e tim e su b stitu te th e re fo r o th e r c o lla te ra l o f e q u a l am o u n t w ith th e a p p ro v a l o f th e F e d e ra l re se rv e a g en t u n d e r re g u la tio n s to be p re scribed b y th e F e d e ra l R e s e r v e B o a rd . A n y F e d e ra l re se rv e b a n k m a y re tire a n y o f its F e d e ra l re se rv e n otes b y d e p o sitin g th em w ith th e F e d e ra l re se rv e a g e n t o r w ith th e T re a s u re r o f th e U n ite d S ta te s , and such F e d e ra l re se rv e b a n k sh all th ereu p o n be en title d to re ceive b ack 382 AN ADVENTURE IN CONSTRUCTIVE FINANCE th e c o lla te ra l d e p o sited w ith th e F e d e ra l re se rv e agen t fo r th e s e c u r ity o f such n o tes. F e d e ra l re se rv e b an k s sh all n o t be req u ired to m a in ta in th e re se rve or the re d em p tio n fu n d h ereto fo re p ro vid ed fo r a g a in st F e d e ra l re se rv e n o tes w h ich h a v e been re tired . F e d e ra l rese rve n otes so d ep o sited sh all n o t be reissu ed e x c e p t u pon com p lian ce w ith th e co n d itio n s o f an o rig in a l issue. A ll F e d e ra l re se rve n o tes and all go ld , go ld c e rtific a te s, and la w fu l m o n e y issu ed to o r d ep o sited w ith a n y F e d eral re se rve a g en t u n d e r th e p ro visio n s o f th e F e d e ra l re se rve a ct sh all h e re a fte r be held fo r su ch a g en t, u n d er such ru les and re g u la tio n s as th e F e d e ra l R e s e r v e B o a rd m a y p re scrib e, in th e jo in t c u s to d y o f h im se lf and th e F e d e ra l re se rve b a n k to w h ich he is a ccred ited . a g en t and such Su ch F e d e ra l re se rve b a n k sh all be jo in t ly liab le fo r th e safe-k e ep in g o f such F e d e ra l re se rv e n o tes, go ld , go ld c e rtific a te s, and la w fu l m o n e y. N o th in g h erein co n ta in ed , h o w e v e r, sh all be co n stru ed to p ro h ib it a F e d e ra l re se rv e a g e n t from d e p o sitin g go ld o r gold c e rtific a te s w ith th e F e d e ra l R e s e r v e B o a rd , to be held b y such b o ard su b je c t to h is o rd er, o r w ith th e T r e a s u r e r o f th e U n ite d S ta te s fo r th e p u rp o ses a u th o r ized b y la w . In o rd e r to fu rn ish su ita b le n o tes fo r circ u la tio n as F e d e ra l re se rv e n o tes, th e C o m p tro lle r o f th e C u rre n c y sh a ll, u n d e r th e d irectio n o f th e S e c r e ta r y o f th e T r e a s u r y , cau se p la te s and d ies to be e n g ra v e d in th e b est m a n n e r to g u a rd a g a in st co u n te rfe its and fra u d u le n t a lte ra tio n s, and sh all h a v e p rin te d th ere fro m and n u m b ered su ch q u a n titie s o f such n o tes o f th e d e n o m in a tio n s o f $ 5 , $ 1 0 , $ 2 0 , $ 5 0 , $ 1 0 0 , $5 0 0 , $ 10 0 0 , $ 5 0 0 0 , $ 10 ,0 0 0 as m a y be req u ired to s u p p ly th e F e d e ra l re se rve b a n k s. Such n otes sh all be in form and te n o r as d irected b y th e S e c r e ta r y o f th e T r e a s u r y u n d e r th e p ro visio n s o f th is A c t APPENDIX B 383 and sh a ll b e a r th e d istin c tiv e n u m b ers o f th e seve ra l F e d e ra l re se rv e b an k s th ro u g h w h ich th e y are issu ed. W h en such n otes h a v e been p re p a re d , th e y sh all be d ep o sited in th e T r e a s u r y , o r in th e su b tre a su ry o r m in t o f th e U n ite d S ta te s n e a re st th e p lace o f b u sin ess o f each F e d e ra l re se rve b a n k and sh all be held fo r th e use o f such b a n k su b je c t to th e o rd er o f th e C o m p tro lle r o f th e C u r re n c y fo r th e ir d e liv e ry , as p ro vid ed b y th is A c t. T h e p la te s and dies to be p ro cu red b y th e C o m p tro lle r o f th e C u rre n c y fo r th e p rin tin g o f such circ u la tin g n o tes sh all re m ain u n d e r h is co n tro l and d irectio n , and th e exp en ses n e c e ssa rily in cu rred in ex e cu tin g th e la w s re la tin g to th e p ro c u rin g o f such n o tes, and all o th e r e x penses in c id e n tal to th e ir issu e and re tirem en t, sh all be p aid by th e F e d e ra l re se rve b an k s, and th e F e d e ra l R e s e r v e B o a rd sh all in clu d e in its e stim a te o f exp en ses le v ie d a g a in st th e F e d e ra l re se rv e b a n k s a su fficien t a m o u n t to c o v e r th e exp en ses herein p ro v id ed for. T h e e x a m in a tio n o f p la te s, dies, bed pieces, and so fo rth , and re g u la tio n s re la tin g to such ex a m in a tio n o f p la te s , d ies, and so fo rth , o f n a tio n a l-b a n k n o tes p ro vid ed fo r in section fifty -o n e h u n d red and s e v e n ty -fo u r R e v is e d S ta tu te s , is h e re b y exten d ed to in clu d e n o tes herein p ro v id e d for. A n y a p p ro p ria tio n h ere to fo re m a d e o u t o f th e g e n era l fu n d s o f th e T r e a s u r y fo r e n g ra v in g p la te s and d ies, the p u rc h a se o f d istin c tiv e p a p er, o r to c o v e r a n y o th e r ex pen se in co n n ectio n w ith th e p rin tin g o f n a tio n a l-b a n k n o tes o r n o tes p ro v id ed fo r b y th e A c t o f M a y th irtie th , n in eteen h un d red and e ig h t, an d a n y d istin c tiv e p a p e r th a t m a y be on h an d a t th e tim e o f th e p a ssa g e o f th is A c t m a y be used in th e d isc retio n o f th e S e c r e ta r y fo r th e p u rp o ses o f th is A c t , and shou ld th e a p p ro p ria tio n s h ere to fo re m ad e be in su fficien t to m eet th e re q u irem e n ts o f 384 AN ADVENTURE IN CONSTRUCTIVE FINANCE th is A c t in a d d itio n to c irc u la tin g n o tes p ro v id e d fo r b y e x istin g la w , th e S e c r e ta r y is h e re b y a u th o riz ed to use so m u ch o f a n y fu n d s in th e T r e a s u r y n o t o th e rw ise a p p ro p ria te d fo r th e p u rp o se o f fu rn ish in g th e n o tes a fo re s a id : Provided, however, T h a t n o th in g in th is sectio n con ta in ed sh all be co n stru ed as e x e m p tin g n a tio n a l b an k s o r F e d e ra l re se rv e b a n k s fro m th e ir lia b ilit y to re im b u rse th e U n ite d S ta te s fo r a n y exp en ses in cu rred in p rin tin g and issu in g c irc u la tin g n otes. E v e r y F e d e ra l re se rv e b a n k sh a ll re ceive on d e p o sit a t p a r from m e m b er b a n k s o r from F e d e ra l re se rv e b a n k s ch eck s and d r a fts d raw n u pon a n y o f its d e p o sito rs, and w h en re m itte d b y a F e d e ra l re se rv e b a n k , ch eck s and d r a fts d raw n b y a n y d e p o sito r in a n y o th e r F e d e ra l re se rv e b a n k o r m e m b er b a n k u pon fu n d s to th e cre d it o f said d e p o sito r in said re se rv e b a n k o r m e m b er b a n k . N o th in g herein co n ta in ed sh all be co n stru ed as p ro h ib itin g a m em b er b a n k from c h a rg in g its a c tu a l ex p e n se in cu rred in co llec tin g and re m ittin g fu n d s, o r fo r ex c h a n g e sold to its p a tro n s. T h e F e d e ra l R e s e r v e B o a rd sh a ll, b y ru le, fix th e ch a rg es to be collected b y th e m em b er b a n k s from its p a tro n s w h ose ch eck s are cleared th ro u g h th e F e d e ra l re se rve b a n k and th e ch a rg e w h ich m a y be im posed fo r th e se rv ic e o f cle a rin g o r co llectio n rendered b y th e F e d e ra l re se rv e b an k . T h e F e d e ra l R e s e r v e B o a rd sh all m a k e and p ro m u lg a te fro m tim e to tim e re g u la tio n s g o v e rn in g th e tra n s fe r o f fu n d s and ch a rg es th e re fo r a m o n g F e d e ra l re se rve b an k s and th eir b ran ch e s, and m a y at its d isc retio n exercise the fu n c tio n s o f a cle arin g h ou se fo r such F e d e ra l re se rve b an k s, o r m a y d e sign a te a F e d e ra l re se rve b an k to e x ercise such fu n ctio n s, and m a y also re q u ire each such b a n k to exercise th e fu n ctio n s o f a cle arin g house fo r its m em b er b an k s. APPENDIX B T h a t th e S e c r e ta r y o f th e T r e a s u r y is h e re b y a u th o riz ed an d d irec ted to re ceive d ep o sits o f go ld coin o r o f gold c e rtific a te s w ith th e T r e a s u r e r o r a n y a ss is ta n t tre a su re r o f th e U n ite d S ta te s w h en ten d ere d b y a n y F e d e ra l re se rv e b a n k o r F e d e ra l re se rv e a g en t fo r cre d it to its or h is acco u n t w ith th e F e d e ra l R e s e r v e B o a rd . T h e S e c r e t a r y sh a ll p re scrib e b y re g u la tio n th e fo rm o f re ceip t to be issu ed b y th e T re a s u re r o r A s s is ta n t T r e a s u r e r to th e F e d e ra l re se rv e b a n k o r F e d e ra l re se rv e a g en t m a k in g th e d e p o sit, and a d u p lic a te o f such re ce ip t sh a ll be d e liv e re d to th e F e d e ra l R e s e r v e B o a rd b y th e T re a s u re r a t W a sh in g to n u p o n p ro p e r a d v ic e s fro m a n y a ssista n t tre a s u re r th a t su ch d e p o sit h as been m a d e . D e p o sits so m a d e sh a ll be h eld s u b je c t to th e o rd ers o f th e F e d e ra l R e s e r v e B o a rd an d sh a ll be p a y a b le in go ld coin o r gold c e rtific a te s on th e o rd e r o f th e F e d e ra l R e s e r v e B o a rd to a n y F e d e ra l re se rv e b a n k o r F e d e ra l re se rv e a g en t a t th e T r e a s u r y o r a t th e S u b tre a s u ry o f th e U n ite d S ta te s n e a re st th e p lace o f b u sin ess o f su ch F e d e ra l re se rve b a n k o r such F e d e ra l re se rv e a g e n t: Provided, however, T h a t a n y ex p e n se in cu rred in sh ip p in g go ld to o r from th e T r e a s u r y o r su b tre a su rie s in o rd er to m a k e such p a y m e n ts , o r as a re su lt o f m a k in g such p a y m e n ts, sh all be p a id b y th e F e d e ra l R e s e r v e B o a rd and assessed a g a in st th e F e d e ra l re se rv e b an k s. T h e o rd e r used b y th e F e d e ra l R e s e r v e B o a rd in m a k in g su ch p a y m e n ts sh all be sign ed b y th e g o v e rn o r o r v ic e g o v e rn o r, o r such o th e r officers o r m em b ers as th e b o ard m a y b y re g u la tio n p re scrib e. T h e form o f such o rd e r sh all be a p p ro v e d b y th e S e c re ta ry o f th e T r e a s u r y . T h e exp en ses n e c e ssa rily in cu rred in c a rry in g o u t th ese p ro v isio n s, in c lu d in g th e co st o f th e c e rtific a te s o r re ce ip ts issu ed fo r d e p o sits re ceived , and a ll expenses in c id e n t to th e h a n d lin g o f such d e p o sits sh all be paid 386 AN ADVENTURE IN CONSTRUCTIVE FINANCE b y th e F e d e ra l R e s e rv e B o a rd an d in clu d ed in its assess m en ts a g a in st th e se v e ra l F e d e ra l re se rv e b an k s. G o ld d e p o sits sta n d in g to th e c re d it o f a n y F e d e ra l re se rv e b a n k w ith th e F e d e ra l R e s e r v e B o a rd sh a ll, a t th e o p tio n o f said b a n k , be co u n ted as p a rt o f th e la w fu l re se rv e w h ich it is req u ired to m a in ta in a g a in st o u t s ta n d in g F e d e ra l re se rv e n o tes, o r as a p a rt o f th e re se rve it is req u ired to m a in ta in a g a in st d e p o sits. N o th in g in th is section sh all be co n stru ed as a m en d in g section six o f th e a ct o f M a r c h fo u rte e n th , n in eteen h u n d red , as a m en d ed b y th e a cts o f M a r c h fo u rth , n in eteen h u n d red and seve n , M a r c h seco n d , n in eteen h u n d red and ele v e n , an d Ju n e tw e lfth , n in eteen h u n d red an d six te e n , n o r sh all th e p ro v isio n s o f th is sectio n be co n stru ed to a p p ly to th e d e p o sits m ad e o r to th e re ceip ts o r ce rtifi c a te s issu ed u n d er th ose a c ts. As amended by act approved June 21, 1917 (40 Stat., 232, chap. 32). Sec. 17. So m u ch o f th e p ro v isio n s o f section fifty -o n e h u n d red and fifty -n in e o f th e R e v is e d S ta tu te s o f th e U n ite d S ta te s , and section fo u r o f th e a c t o f Ju n e tw e n tie th , eigh teen h u n d red and s e v e n ty -fo u r, an d sectio n e ig h t o f th e a c t o f J u l y tw e lfth , eigh teen h u n d red and e ig h ty -tw o , and o f a n y o th e r p ro v isio n s o f e x istin g s t a t u tes as req u ire th a t b efore a n y n a tio n a l b a n k in g asso ciatio n sh all be a u th o riz ed to com m en ce b a n k in g b u sin ess it sh a ll tra n s fe r and d e liv e r to th e T r e a s u r e r o f th e U n ite d S ta te s a sta te d a m o u n t o f U n ite d S ta te s re gistere d bon ds, and so m u ch o f th ose p ro v isio n s o r o f a n y o th e r p ro v isio n s o f e x istin g s ta tu te s as re q u ire a n y n a tio n a l b a n k in g a s so ciatio n n o w o r h e re a fte r o rg a n iz ed to m a in ta in a m in i m um d e p o sit o f such b on ds w ith th e 1 re a su re r is h e re b y repealed. APPENDIX B 3*7 REFU N D IN G BONDS S ec. 18. After two years from the passage of this Act, and at any time during a period of twenty years there after, any member bank desiring to retire the whole or any part of its circulating notes, may file with the Treasurer of the United States an application to sell for its account, at par and accrued interest, United States bonds securing circulation to be retired. The Treasurer shall, at the end of each quarterly period, furnish the Federal Reserve Board with a list of such applications, and the Federal Reserve Board may, in its discretion, require the Federal reserve banks to purchase such bonds from the banks whose applications have been filed with the Treasurer at least ten days before the end of any quarterly period at which the Federal Reserve Board may direct the purchase to be made: P rovided, That Federal reserve banks shall not be permitted to purchase an amount to exceed $25,000,000 of such bonds in any one year, and which amount shall include bonds acquired under section four of this Act by the Federal re serve bank. P rovided fa rth er, That the Federal Reserve Board shall allot to each Federal reserve bank such proportion of such bonds as the capital and surplus of such bank shall bear to the aggregate capital and surplus of all the Fed eral reserve banks. Upon notice from the Treasurer of the amount of bonds so sold for its account, each member bank shall duly assign and transfer, in writing, such bonds to the Federal reserve bank purchasing the same, and such Federal re serve bank shall, thereupon, deposit lawful money with the Treasurer of the United States for the purchase price 388 AN ADVENTURE IN CONSTRUCTIVE FINANCE o f such bon ds, an d th e T re a s u re r sh all p a y to th e m em b er b a n k sellin g such bonds a n y b a la n ce du e a fte r d e d u c t in g a su fficien t su m to redeem its o u tsta n d in g n o tes secu red b y su ch b o n d s, w h ich n otes sh a ll be ca n ce lle d and p e rm a n e n tly re tire d w h en redeem ed. T h e F e d e ra l re se rv e b a n k s p u rc h a sin g such b on ds sh a ll be p e rm itte d to ta k e o u t an a m o u n t o f c irc u la tin g n o tes eq u a l to th e p a r v a lu e o f su ch bonds. U p o n th e d e p o sit w ith th e T re a s u re r o f th e U n ite d S ta te s o f bonds so p u rc h a se d , o r a n y bonds w ith th e cir c u la tin g p riv ile g e a cq u ire d u n d e r section fo u r o f th is A c t , a n y F e d e ra l re se rv e b a n k m a k in g such d e p o sit in th e m a n n er p ro v id e d b y e x istin g la w , sh all be e n title d to re ceive from th e C o m p tro lle r o f th e C u rre n c y circ u la tin g n o tes in b la n k , re gistere d an d co u n te rsign ed as p ro v id ed b y la w , eq u al in a m o u n t to th e p a r v a lu e o f th e bonds so d e p o site d .1 S u ch n otes sh all be th e o b lig a tio n s o f th e F e d e ra l re se rve b an k p ro c u rin g th e sam e, and sh all be in fo rm p rescrib ed b y th e S e c r e ta r y o f th e T r e a s u r y , and to th e sam e ten o r and effect as n a tio n a l-b a n k n o tes n o w p ro v id e d b y law . T h e y sh all be issu ed and redeem ed u n d e r th e sam e te rm s and co n d itio n s as n a tio n a l-b a n k n o tes ex c ep t th a t th e y sh all n o t be lim ite d to th e am o u n t o f th e c a p ita l sto ck o f th e F e d e ra l re se rv e b a n k issu in g th em . s U p on a p p lica tio n o f a n y F e d e ra l re se rv e b a n k , a p p ro ve d b y th e F e d e ra l R e s e r v e B o a rd , th e S e c re ta ry o f th e I r e a s u r y m a y issu e, in ex c h a n g e fo r U n ite d S ta te s tw o p e r cen tu m go ld bonds b e a rin g th e circu latio n p riv ile g e , u t a g a in st w h ich no circu latio n is o u tsta n d in g , oney e a r gold n o tes o f th e U n ite d S ta te s w ith o u t th e circu la n o te ^ h T a n y d ! ^ ^ I 9 t 8 ’ f ^d e ra l reserVE b a n k s m a y ; ssu e F e d e r a l r e s e rv e b a n k c e r tific a te s o f H T n a t ,0 n s ’ in c >u d in e $ i an d $2, a g a in s t th e s e c u r it y o f U n ite d S t a t e s c e r tific a te s o f in d e b te d n e s s to th e e x te n t p e rm itte d b y t h a t a c t. APPENDIX B 389 tio n p riv ile g e , to an a m o u n t n o t to exceed o n e -h a lf o f th e tw o p e r ce n tu m bonds so ten d ere d fo r e x c h a n g e , a n d t h ir t y - y e a r th ree p e r cen tu m go ld bonds w ith o u t th e c irc u la tio n p riv ile g e fo r th e re m a in d e r o f th e tw o p e r ce n tu m b on ds so te n d e re d : Provided, T h a t a t th e tim e o f su ch e x c h a n g e th e F e d e ra l re se rv e b a n k o b ta in in g su ch o n e -y e a r go ld n o tes sh a ll e n te r in to an o b lig a tio n w ith th e S e c r e ta r y o f th e T r e a s u r y b in d in g it s e lf to p u rc h a se fro m th e U n ite d S ta te s fo r go ld a t th e m a t u r it y o f su ch o n e -y e a r n o tes, an a m o u n t e q u a l to th ose d e liv e re d in e x c h a n g e fo r su ch b o n d s, i f so re q u e sted b y th e S e c re ta ry , a n d a t each m a t u r it y o f o n e -y e a r n o tes so p u rc h a se d b y su ch F e d e ra l re se rv e b a n k , to p u rc h a se fro m th e U n ite d S ta te s such an a m o u n t o f o n e -y e a r n otes as th e S e c re ta ry m a y te n d e r to such b a n k , n o t to exceed th e a m o u n t issu ed to su ch b a n k in th e first in sta n c e , in ex c h a n g e fo r th e tw o p e r c e n tu m U n ite d S ta te s go ld b o n d s; said o b lig a tio n to p u rc h a se a t m a t u r it y such n o tes sh all co n tin u e in fo rce fo r a p erio d n o t to exceed t h ir t y y e a rs . F o r th e p u rp o se o f m a k in g th e ex c h a n g e h erein pro v id e d fo r, th e S e c r e ta r y o f th e T r e a s u r y is au th o riz ed to issu e a t p a r T r e a s u r y n o tes in cou pon o r re g istere d fo rm a s h e m a y p re scrib e in d e n o m in atio n s o f one h u n d red d o lla rs, o r a n y m u ltip le th ere o f, b ea rin g in te re st a t th e r a te o f th ree p e r c e n tu m p e r an nu m , p a y a b le q u a r te rly , su ch T r e a s u r y n o tes to be p a y a b le n o t m ore th a n one y e a r fro m th e d a te o f th e ir issu e in go ld coin o f th e p re sen t s ta n d a rd v a lu e , a n d to be e x e m p t as to p rin c ip a l and in te re st fro m th e p a y m e n t o f all ta x e s and d u tie s o f th e U n ite d S ta te s e x c e p t as p ro v id e d b y th is A c t, as w e ll as fro m ta x e s in a n y form b y o r u n d e r S ta te , m u n ic ip a l, o r lo ca l a u th o ritie s. A n d fo r th e sam e p u rp o se, th e S ec re t a r y is a u th o riz e d and em p o w ered to issu e U n ite d S ta te s go ld b on ds a t p a r, b ea rin g th ree p e r ce n tu m in te re st 390 AN ADVENTURE IN CONSTRUCTIVE FINANCE p a y a b le t h ir t y y e a rs fro m d a te o f issu e, such bonds to be o f th e sam e g e n era l te n o r and e ffec t and to be issued u n d e r th e sam e g e n e ra l term s and co n d itio n s as th e U n ite d S ta te s th ree p e r cen tu m bonds w ith o u t th e c ir cu la tio n p riv ile g e n o w issu ed and o u tsta n d in g . U p o n a p p lic a tio n o f a n y F e d e ra l re se rv e b a n k , a p p ro v e d b y th e F e d e ra l R e s e r v e B o a rd , th e S e c r e ta r y m a y issu e a t p a r su ch th ree p e r ce n tu m b on ds in ex c h a n g e fo r th e o n e -y e a r go ld n o tes h erein p ro v id e d for. BANK R ESER VES by act approved Aug. 15, 19x4 (38 Sta t., 691, chap. 252); act approved June 21, 19x7 (40 Stat., 232, chap. 32); act approved Sept. "26, 1918. A s amended S e c . 19 . D e m a n d d e p o sits w ith in th e m e an in g o f th is A c t sh a ll co m p rise all d e p o sits p a y a b le w ith in th ir ty d a y s , and tim e d e p o sits sh all co m p rise a ll d e p o sits p a y a ble a fte r t h ir t y d a y s , a ll s a v in g s a cco u n ts an d ce rtifica te s o f d ep o sit w h ich are s u b je c t to n o t less th a n t h ir t y d a y s ’ n o tice before p a y m e n t, an d all p o sta l s a v in g s d e p o sits.1 E v e r y b a n k , b a n k in g a sso c iatio n , o r tru s t c o m p a n y w h ich is o r w h ich becom es a m e m b er o f a n y F e d e ra l re se rve b a n k sh all e sta b lish and m a in ta in re se rv e b ala n ces w ith its F e d e ra l re se rv e b a n k as fo llo w s: (a) I f n o t in a re se rv e o r c e n tra l re se rv e c it y , as n ow o r h e re a fte r defin ed, it sh all h old and m a in ta in w ith th e F e d e ra l re se rv e b a n k o f its d istric t an a c tu a l n et b ala n ce e q u a l to n o t less th a n seven p e r cen tu m o f th e a g g re g a te a m o u n t o f its d em an d d e p o sits and th ree p e r ce n tu m o f its tim e d ep o sits. (b) I f in a re se rv e c it y , as n o w o r h e re a fte r d efin ed , it shall h old and m a in ta in w ith th e F e d e ra l re se rv e b a n k o f Government deposits other than postal savings deposits are not subject to reserve rPni1in>ms.nt-o APPENDIX B 391 its d istric t an a c tu a l n et b ala n ce eq u a l to n o t less th an ten p e r cen tu m o f th e a g g re g a te a m o u n t o f its d em an d d e p o sits and th ree p e r cen tu m o f its tim e d e p o s its : Pro vided, however, T h a t i f lo ca ted in th e o u tly in g d istric ts o f a re se rv e c it y o r in te r rito ry ad d ed to su ch a c it y b y th e e x te n sio n o f its co rp o ra te c h a rte r, it m a y , u pon th e a ffirm a tiv e v o te o f fiv e m em b ers o f th e F e d e ra l R e s e rv e B o a rd , hold and m a in ta in th e re se rv e b ala n ces specified in p a ra g ra p h (a) h ereof. (c) I f in a c e n tra l re se rv e c it y , as n o w o r h e re a fte r d efined, it sh all hold and m a in ta in w ith th e F e d e ra l re se rv e b a n k o f its d istric t an a c tu a l n et b ala n ce e q u a l to n o t less th a n th irte e n p e r cen tu m o f th e a g g re g a te a m o u n t o f its d em an d d e p o sits and th ree p e r cen tu m o f its tim e d e p o sits: Provided, however, T h a t i f lo ca ted in th e o u t ly in g d istric ts o f a ce n tra l re se rv e c it y o r in te r r ito r y ad d ed to such c it y b y th e ex te n tio n o f its c o rp o ra te c h a rte r, it m a y , upon th e a ffirm a tiv e v o te o f fiv e m e m b ers o f th e F e d e ra l R e s e rv e B o a rd , h old and m a in ta in th e re se rv e th ere o f. b ala n ces sp ecified in p a ra g ra p h s (a) o r (h) V7 N o m e m b er b an k sh all k eep on d e p o sit w ith a n y S ta te b a n k o r tru s t c o m p a n y w h ich is n o t a m e m b er b an k a sum in excess o f ten p er cen tu m o f its ow n p a id -u p c a p i ta l and su rp lu s. N o m e m b er b a n k sh a ll a c t as th e m e d iu m o r a g e n t o f a n o n m em b er b a n k in a p p ly in g fo r o r re c e iv in g d isc o u n ts from a F e d e ra l re se rv e b a n k u n d e r th e p ro v isio n s o f th is A c t , e x c e p t b y p erm issio n o f th e F e d e ra l R e s e r v e B o a rd . T h e re q u ired b a la n ce c a rrie d b y a m e m b er b a n k w ith a F e d e ra l re se rv e b a n k m a y , u n d e r th e re g u la tio n s a n d s u b je c t to su ch p e n alties as m a y be p re scrib ed b y th e F e d e ra l R e s e r v e B o a rd , be ch eck ed a g a in st an d w ith d raw n b y such m em b er b a n k fo r th e p u rp o se o f m e etin g 392 AN ADVENTURE IN CONSTRUCTIVE FINANCE e x istin g lia b ilitie s : Provided, however, T h a t no b a n k sh all a t a n y tim e m a k e n ew lo a n s o r sh all p a y a n y d iv i den ds u n less an d u n til th e to ta l b a la n ce re q u ired b y la w is fu lly re sto red . In e stim a tin g th e b a la n ce s re q u ired b y th is A c t , th e n et d ifferen ce o f a m o u n ts du e to and fro m o th e r b a n k s sh a ll be ta k e n as th e b asis fo r a sc e rta in in g th e d ep o sits a g a in st w h ic h re q u ired b a la n ce s w ith b a n k s sh a ll be d e term in ed . F e d e ra l re se rv e N a tio n a l b a n k s, o r b a n k s o rga n iz ed u n d e r lo ca l la w s, lo ca ted in A la s k a o r in a d e p e n d e n c y o r in su la r posses sion o r a n y p a rt o f th e U n ite d S ta te s o u tsid e th e co n ti n e n ta l U n ite d S ta te s m a y re m ain n o n m em b er b a n k s, and sh a ll in th a t e v e n t m a in ta in re se rv e s and c o m p ly w ith all th e co n d itio n s n o w p ro v id e d b y la w re g u la tin g th e m ; o r said b a n k s m a y , w ith th e co n sen t o f th e R e s e rv e B o a rd , becom e m em b er b a n k s o f a n y one o f th e re se rve d istric ts, and sh all in t h a t e v e n t ta k e sto ck , m a in ta in re se rv e s, and be s u b je c t to all th e o th e r p ro visio n s o f th is A c t. S e c . 20. S o m u ch o f sectio n s tw o and th re e o f th e A c t o f J u n e tw e n tie th , eigh teen h u n d red and se v e n ty -fo u r, e n title d “ A n A c t fixin g th e a m o u n t o f U n ite d S ta te s n o tes, p ro v id in g fo r a re d istrib u tio n o f th e n a tio n a lb a n k c u rre n c y , and fo r o th e r p u rp o se s,” as p ro v id e s th a t th e fu n d d e p o sited b y a n y n a tio n a l b a n k in g a sso c iatio n w ith th e T re a s u re r o f th e U n ite d S ta te s fo r th e red em p tio n o f its n o tes sh all be co u n ted as a p a rt o f its la w fu l re se rve as p ro v id e d in th e A c t a fo re sa id , is h e re b y re p ealed . A n d fro m an d a fte r th e p a ssa g e o f th is A c t such fu n d o f fiv e p e r cen tu m sh all in no case be cou n ted b y a n y n a tio n a l b a n k in g a sso c iatio n as a p a rt o f its la w fu l re serve. APPENDIX B 393 * B A N K EXAM IN ATIO N S Sec. 21 . Sectio n fifty -tw o h u n d red and fo r ty , U n ite d S ta te s R e v is e d S ta tu te s , is a m en d ed to read as fo llo w s: T h e C o m p tro lle r o f th e C u rre n c y , w ith th e a p p ro v a l o f th e S e c re ta ry o f th e T r e a s u r y , sh all a p p o in t e x a m in ers w h o sh all ex a m in e e v e r y m em b er b a n k 1 a t le a st tw ice in each c a le n d a r y e a r and o fte n e r i f co n sid ered n e c e s s a ry : Provided, however, T h a t th e F e d e ra l R e s e rv e B o a rd m a y a u th o riz e ex a m in a tio n b y th e S ta te a u th o ritie s to be acce p ted in th e case o f S ta te b an k s and tru s t co m p an ies and m a y a t a n y tim e d irec t th e h old in g o f a sp ecia l e x a m in a tio n o f S ta te b an k s o r tru s t co m p an ies th a t are sto ck h o ld ers in a n y F e d e ra l re se rve b an k . T h e e x a m in er m a k in g th e e x a m in a tio n o f a n y n a tio n a l b a n k , or o f a n y o th e r m em b er b an k , sh all h a v e p o w er to m a k e a th o ro u g h ex a m in a tio n o f all th e a ffairs o f th e b a n k , and and in d o in g so he shall h a v e p o w er to a d m in iste r o ath s and to e x a m in e a n y o f th e officers and a gen ts th e re o f u n d er o ath and sh all m ak e a full and d e taile d re p o rt o f the con d ition o f said b an k to th e C o m p tro lle r o f th e C u rre n c y . T h e F e d e ra l R e s e rv e B o a rd , upon th e reco m m en d a tion o f th e C o m p tro lle r o f the C u rre n c y , sh all fix the sala ries o f all b an k e x a m in ers and m a k e re p o rt th e re o f to C o n gress. T h e exp en se o f th e e x a m in a tio n s h erein p ro v id ed fo r sh all be assessed b y th e C o m p tro lle r o f the C u rre n c y upon th e b an k s ex a m in ed in p ro p o rtio n to asse ts o r resou rces held b y th e b an k s upon th e d a te s o f ex a m in a tio n o f th e v a rio u s b an k s. In a d d itio n to th e e x a m in a tio n s m ad e and co n d u cted b y th e C o m p tro lle r o f th e C u rre n c y , e v e r y F e d e ra l re serv e b an k m a y , w ith th e a p p ro v a l o f th e F e d e ra l re'E x c e p t b a n k s a d m itte d to m e m b e rs h ip in th e s y s te m u n d e r a u t h o r it y o f s e c tio n 9 o f th is a c t. S e e se c tio n 9 o f th is a c t as a m e n d e d b y a c t a p p r o v e d J u n e 21 , 1 9 1 7 . 394 AN ADVENTURE IN CONSTRUCTIVE FINANCE se rv e agen t o r th e F e d e ra l R e s e r v e B o a rd , p ro v id e for sp ecial e x a m in a tio n o f m e m b er b a n k s w ith in its d istric t. T h e exp en se o f such e x a m in a tio n s sh all be borne b y the b a n k ex a m in ed . S u ch e x a m in a tio n s sh all be so co n d u cted as to in fo rm th e F e d e ra l re se rv e b a n k o f th e con d itio n o f its m em b er b a n k s and o f th e lines o f c re d it w h ich are b ein g e x te n d ed b y th em . E v e r y F e d e ra l re se rve b a n k sh all a t all tim e s fu rn ish to th e F e d e ra l R e s e rv e B o a rd su ch in fo rm a tio n as m a y be d em an d ed co n cern in g th e co n d itio n o f a n y m e m b er b a n k w ith in th e d istric t o f the said F e d e ra l re se rv e b an k . N o b a n k sh all be s u b je c t to a n y v is ita to r ia l pow ers o th e r th a n such as are a u th o riz ed b y la w , o r v e ste d in th e co u rts o f ju s tic e o r su ch as sh all be o r sh all h a v e been ex e rcise d o r d irec ted b y C o n g re ss, o r b y e ith e r H ou se th e re o f o r b y a n y c o m m ittee o f C o n g re ss o r o f eith e r H o u se d u ly au th o riz ed . T h e F e d e ra l R e s e rv e B o a rd sh a ll, a t le a st once each y e a r, o rd er an e x a m in a tio n o f each F e d e ra l re se rve b an k , and u pon jo in t a p p lic a tio n o f ten m em b er b a n k s the F e d e ra l R e s e r v e B o a rd sh all o rd e r a sp ecial ex a m in a tio n and re p o rt o f th e co n d itio n o f a n y F e d e ra l re se rve ban k . As amended by act approved June 21, 1917 (40 Stat., 232, chap. 32); act approved Sept. 26, 1918. Sec. 22. (a) N o m e m b e r b a n k and no officer, d irecto r, o r e m p lo y e e th e re o f sh all h e re a fte r m a k e a n y loan o r g ra n t a n y g r a t u it y to a n y b a n k e x a m in e r. A n y b an k officer, d ire c to r, o r em p lo y e e, v io la tin g th is p ro v isio n sh all be d eem ed g u ilt y o f a m isd em e an o r and sh all be im p risoned n o t ex ceed in g one y e a r o r fined n o t m ore th an $ 5 ,0 0 0 , o r b o th ; and m a y be fined a fu r th e r sum eq u a l to th e m o n e y so lo an ed o r g r a t u it y g iv e n . APPENDIX B 395 A n y e x a m in e r a c c e p tin g a loan o r g r a t u it y from a n y b an k ex a m in ed b y him o r fro m an officer, d ire c to r, o r e m p lo ye e th e re o f sh all be deem ed g u ilt y o f a m isd e m e an o r and sh all be im p riso n ed one y e a r o r fined not m ore th an $ 5 ,0 0 0 , o r b oth , and m a y be fined a fu rth e r sum e q u a l to th e m o n e y so loan ed o r g r a t u it y g iv e n , and sh all fo re v e r th e re a fte r be d isq u a lifie d from h old in g office as a n a tio n a l b a n k ex a m in er. (b) N o n a tio n a l b a n k e x a m in e r sh all p erfo rm a n y o th e r se rv ic e fo r co m p en sa tio n w h ile h old in g such office fo r a n y b a n k o r officer, d irec to r, o r em p lo y e e th ereof. No e x a m in e r, p u b lic or p riv a te , sh all d isclose th e n am es o f b o rro w ers o r th e co lla te ra l fo r loan s o f a m e m ber b a n k to o th e r th a n th e p ro p e r officers o f such b an k w ith o u t first h a v in g o b tain e d th e exp ress p erm ission in w r itin g from th e C o m p tro lle r o f the C u rre n c y , o r from th e b o ard o f d irec to rs o f su ch b a n k , e x c ep t w h en ord ered to do so b y a co u rt o f c o m p ete n t ju risd ic tio n , o r b y d irectio n o f th e C o n g re ss o f th e U n ite d S ta te s , o r o f e ith e r H o u se th ere o f, o r a n y c o m m ittee o f C o n g ress, or o f eith e r H o u se d u ly a u th o riz ed . A n y b an k e x a m in er v io la tin g th e p ro v isio n s o f th is su b sectio n shall be im p rison ed n o t m o re th a n one y e a r o r fined n ot m ore th an $ 5 ,0 0 0 , o r both. (c) E x c e p t as h erein p ro v id e d , a n y officer, d irecto r, em p lo ye e, o r a tto rn e y o f a m e m b er b an k w h o s tip u la te s fo r o r re ceives o r co n se n ts o r agrees to receive a n y fee, co m m issio n , g if t , o r th in g o f v a lu e from a n y person, firm , o r co rp o ratio n , fo r p ro c u rin g o r en d ea v o rin g to procure fo r such p erson , firm , o r co rp o ra tio n , o r fo r a n y o th e r person , firm , o r co rp o ra tio n , a n y loan from o r th e p u r ch a se o r d isc o u n t o f a n y p a p e r, n o te, d ra ft, ch eck , or bill o f ex c h a n g e b y su ch m e m b er b an k sh all be deem ed AN ADVENTURE IN CONSTRUCTIVE FINANCE g u ilty o f a m isd em e an o r an d sh all be im p riso n e d n o t m ore th an one y e a r o r fined n o t m ore th a n $5,000, or both. (d) A n y m e m b er b a n k m a y c o n tra c t fo r, o r p u rc h a se fro m , a n y o f its d irec to rs o r from a n y firm o f w h ich a n y o f its d irecto rs is a m e m b er, a n y sec u rities o r o th e r p ro p e r ty , w h en (an d n o t o th e rw ise ) such p u rc h a se is m a d e in th e re g u la r cou rse o f b u sin ess u pon term s n o t less fa v o ra b le to th e b a n k th a n th ose o ffered to o th e rs, o r w hen such p u rc h a se is a u th o riz ed b y a m a jo r it y o f th e board o f d irec to rs n o t in te re ste d in th e sale o f su ch se cu rities o r p ro p e rty , such a u th o r ity to be ev id e n ced b y th e a ffirm a tiv e v o te o r w ritte n a sse n t o f su ch d ire c to rs : Provided, however, T h a t w h en a n y d ire c to r, o r firm o f w h ich a n y d ire c to r is a m e m b er, a c tin g fo r o r on b e h a lf o f oth ers, sells sec u rities o r o th e r p ro p e rty to a m e m b er b an k , th e F e d e ra l R e s e r v e B o a rd b y re g u la tio n m a y , in a n y o r all cases, re q u ire a fu ll d isclo su re to be m a d e , on fo rm s to be p re scrib ed b y it, o f a ll co m m issio n s o r o th e r co n sid era tio n s re c e iv e d , an d w h e n e v e r su ch d ire c to r o r firm , a c tin g in h is o r its ow n b e h a lf, sells sec u rities o r o th e r p ro p e rty to th e b a n k th e F e d e ra l R e s e r v e B o a rd , b y re g u la tio n , m a y re q u ire a fu ll d isclo su re o f all p ro fit realized from su ch sale. A n y m em b er b an k m a y sell sec u ritie s o r o th e r p ro p e rty to a n y o f its d ire c to rs, o r to a firm o f w h ich a n y o f its d irecto rs is a m e m b er, in th e re g u la r co u rse o f b u sin ess on term s n o t m ore fa v o ra b le to such d ire c to r o r firm th an th ose offered to o th e rs, o r w h en such sale is a u th o r ized b y a m a jo r ity o f th e b o ard o f d irec to rs o f a m em b er b an k to a sse n t: section m em ber be ev id e n ced b y th e ir a ffirm a tiv e v o te o r w ritte n n o th in g in th is su b co n tain ed sh a ll be co n stru ed as a u th o riz in g b an k s to p u rch a se o r sell secu rities o r o th e r prop- Provided, however, T h a t APPENDIX B 397 e r t y w h ich such b a n k s are n o t o th e rw ise a u th o rized b y la w to p u rc h a se o r sell. (e) N o m em b er b a n k sh all p a y to a n y d irec to r, officer, a tto rn e y , o r e m p lo y e e a g re a te r ra te o f in te re st on th e d e p o sits o f su ch d ire c to r, officer, a tto rn e y , o r em p lo y e e th a n th a t p a id to o th e r d e p o sito rs on sim ila r d e p o sits w ith such m e m b er b an k . (f) I f th e d irec to rs o f officers o f a n y m e m b er b an k sh all k n o w in g ly v io la te o r p e rm it a n y o f th e a g en ts, officers, o r d irec to rs o f a n y m e m b er b a n k to v io la te a n y o f th e p ro v isio n s o f th is section o r re g u la tio n s o f th e b o ard m a d e u n d e r a u th o rity th ere o f, e v e r y d ire c to r and officer p a rtic ip a tin g in o r a sse n tin g to such v io la tio n sh all be h eld lia b le in h is person al and in d iv id u a l c a p a c ity fo r all d a m a g e s w h ich th e m em b er b a n k , its sh a re h o ld e rs, o r a n y o th e r p erson s sh all h a v e su sta in e d in con sequ en ce o f such v io la tio n . S e c . 23. T h e sto ck h o ld ers o f e v e r y n a tio n a l b a n k in g a sso c iatio n sh all be h eld in d iv id u a lly resp on sib le fo r all c o n tra c ts, d e b ts, and en g ag em e n ts o f such asso c iatio n , each to th e am o u n t o f his sto ck th ere in , a t th e p a r v a lu e th e re o f in a d d itio n to th e a m o u n t in v e ste d in such sto ck . T h e sto ck h o ld ers in a n y n a tio n a l b a n k in g asso ciatio n w h o sh all h a v e tra n sfe rre d th e ir sh a re s o r re gistere d th e tra n s fe r th e re o f w ith in s ix t y d a y s n e x t b efore the d a te o f th e fa ilu re o f such a sso c iatio n to m eet its o b li g a tio n s, o r w ith k n o w led ge o f such im p en d in g failu re, sh all be lia b le to th e sam e e x te n t as i f th e y h ad m ad e no such tra n s fe r, to th e e x te n t th a t th e su b seq u en t tra n sfe re e fa ils to m eet such lia b ilit y ; b u t th is p ro visio n sh all not be co n stru ed to a ffec t in a n y w a y a n y recou rse w h ich such sh areh o ld ers m ig h t o th e rw ise h a v e a g a in st th ose in w h ose n am es su ch sh ares are registered a t th e tim e o f such failu re. AN AD VEN TU RE LO AN S IN C O N ST R U C T IV E ON FA RM F IN A N C E LA N D S As amended by act approved Sept. 7, 1916 (39 Stat., 752, chap. 461). S e c . 24. A n y n a tio n a l b a n k in g a sso c iatio n n o t situ a ted in a ce n tra l re se rv e c it y m a y m a k e lo an s secured b y im p ro ved and u n en cu m b ered fa rm lan d situ a te d w ith in its F e d e ra l re se rv e d istric t o r w ith in a ra d iu s o f one h u n d red m iles o f th e p lace in w h ich such b an k is lo ca ted , irre sp e c tiv e o f d istric t lin es, and m a y also m a k e loan s secured b y im p ro v e d and u n en cu m b ered re al es ta te lo ca te d w ith in one h u n d red m iles o f th e p lace in w h ich such b an k is lo c a te d , irre sp e c tiv e o f d istric t lin es; b u t no lo an m a d e u pon th e se c u r ity o f su ch farm lan d sh all be m a d e fo r a lo n ger tim e th an fiv e y e a r s , and no loan m ad e u pon th e se c u r ity o f su ch re al e sta te as d is tin gu ish ed from fa rm lan d sh a ll be m a d e fo r a lo n ger tim e th a n one y e a r n o r sh all th e a m o u n t o f a n y such loan , w h e th e r u pon such fa rm lan d o r u pon such real e sta te , exceed fift y p e r ce n tu m o f th e a c tu a l v a lu e o f th e p ro p e rty offered as s e c u rity . A n y such b a n k m a y m a k e such lo an s, w h e th e r secured b y such fa rm lan d o r such re al e sta te , in an a g g re g a te sum e q u a l to tw e n ty fiv e p er cen tu m o f its c a p ita l and su rp lu s o r to o n e-th ird o f its tim e d ep o sits and such b a n k s m a y co n tin u e h ere a fte r as h eretofo re to re ceiv e tim e d e p o sits and to p a y in te re st on th e sam e. T h e F e d e ra l R e s e rv e B o a rd sh all h a v e p o w e r from tim e to tim e to add to th e list o f cities in w h ich n a tio n a l b a n k s sh all not be p e rm itte d to m a k e lo an s secu red u pon real e sta te in th e m a n n er d e scrib e d in th is sectio n . A P PE N D IX F O R E IG N B 399 B R A N C H ES As amended by act approved Sept. 7, 1916 (39 Stat., 752, chap. 461); act approved Sept. 17, 1919. S e c . 25. A n y n a tio n a l b a n k in g a sso ciatio n p ossessin g a c a p ita l and su rp lu s o f $ 1,0 0 0 ,0 0 0 o r m ore m a y file a p p li c a tio n w ith th e F e d e ra l R e s e rv e B o a rd fo r perm ission to ex e rcise , upon such co n d itio n s and u n d er such re g u la tio n s as m a y be p re scrib ed b y th e said b o ard , eith e r o r both o f th e fo llo w in g p o w e rs: F ir s t . T o e sta b lish b ran ch es in fo reign co u n trie s or d e p en d en cies o r in su la r p o ssession s o f th e U n ite d S ta te s fo r th e fu rth e ra n c e o f th e foreign com m erce o f th e U n ite d S ta te s , an d to a c t i f re q u ired to do so as fiscal a gen ts o f th e U n ite d S ta te s . S econ d . T o in v e st an a m o u n t n o t e x c eed in g in th e a g g re g a te ten p er cen tu m o f its p a id -in c a p ita l sto ck and su rp lu s in th e sto c k o f one o r m ore b a n k s o r co rp o ratio n s c h a rte re d o r in c o rp o rate d u n d e r th e la w s o f th e U n ite d S ta te s o r o f a n y S ta te th ere o f, and p rin c ip a lly en g ag ed in in te rn a tio n a l o r fo reign b a n k in g , o r b a n k in g in a d e p en d e n c y o r in su la r possession o f th e U n ite d S ta te s e ith e r d ir e c tly o r th ro u g h th e a g e n c y , o w n e rsh ip , or co n tro l o f lo ca l in stitu tio n s in foreign c o u n trie s, o r in such d ep en d en cies o r in su la r possession s. U n til J a n u a r y 1 , 1 9 2 1 , a n y n a tio n a l b a n k in g a sso c ia tio n , w ith o u t re g a rd to th e a m o u n t o f its c a p ita l and su rp lu s, m a y file a p p lic a tio n w ith th e F e d e ra l R e s e rv e B o a rd fo r p erm issio n , u pon su ch co n d itio n s and u n d er su ch re g u la tio n s as m a y be p re scrib ed b y said b o ard , to in v e s t an a m o u n t n o t ex c eed in g in th e a g g re g a te fiv e p er ce n tu m o f its p a id -in c a p ita l and su rp lu s in th e sto c k o f one o r m ore co rp o ratio n s c h a rte re d o r in c o rp o ra te d u n d e r th e la w s o f th e U n ite d S ta te s o r o f a n y S ta te th e re o f and 400 AN ADVENTURE IN C O N STR U C TIV E FIN A N C E re ga rd less o f its lo c a tio n , p rin c ip a lly en g ag ed in such p h ases o f in te rn a tio n a l o r fo reign fin a n c ia l o p eratio n s as m a y be n e c e ssa ry to fa c ilita te th e e x p o rt o f g o o d s, w a re s, o r m e rch an d ise fro m th e U n ite d S ta te s o r a n y o f its depen d en cies o r in su la r po ssessio n s to a n y fo reign cou n t r y : Provided, however, T h a t in no e v e n t sh a ll th e to ta l in v e stm e n ts au th o riz ed b y th is section b y a n y one n a tio n a l b a n k exceed ten p er cen tu m o f its c a p ita l and su rp lu s. Su ch a p p lica tio n sh all s p e c ify th e n am e and c a p ita l o f th e b a n k in g a sso c iatio n filin g it, th e p ow ers a p p lied for, and th e p lace or p laces w h ere th e b a n k in g o r fin a n c ia l o p e ra tio n s p rop osed are to be ca rried on. T h e F e d e ra l R e s e rv e B o a rd sh all h a v e p o w er to a p p ro v e o r to re je c t such a p p lic a tio n in w h o le o r in p a rt i f fo r a n y reason th e g ra n tin g o f such a p p lic a tio n is deem ed in e xp e d ie n t, and sh all also h a v e p o w er from tim e to tim e to in crea se or d ecrease th e n u m b er o f p laces w h ere such b a n k in g o p era tio n s m a y be c a rrie d on. E v e r y n a tio n a l b a n k in g a sso c iatio n o p e ra tin g foreign b ran ch es shall be re q u ired to fu rn ish in fo rm a tio n con cern in g th e co n d itio n o f such b ran ch es to th e C o m p tro lle r o f th e C u rre n c y u pon d em an d , and e v e r y m em b er b an k in v e stin g in th e c a p ita l sto ck o f b an k s o r co rp o ratio n s d escrib ed a b o v e sh all be req u ired to fu rn ish in fo rm a tio n co n cern in g th e co n d itio n o f such b an k s o r co rp o ratio n s to th e F e d e ra l R e s e rv e B o a rd upon d em an d , and the F e d e ra l R e s e rv e B o a rd m a y o rd er sp ecial ex a m in a tio n s o f th e said b ran ch es, b an k s, o r co rp o ratio n s a t such tim e o r tim es as it m a y deem best. B e fo re a n y n a tio n a l b a n k sh all be p e rm itte d to pu rch ase sto ck in a n y such co rp o ratio n th e said co rp o ratio n shall en te r in to an a greem en t o r u n d e rta k in g w ith th e F e d e ra l R e s e rv e B o a rd to re stric t its o p eratio n s o r co n d u ct its A P PE N D IX B 401 b usin ess in such m a n n e r o r u n d e r such lim ita tio n s and re s tric tio n s as th e said b o ard m a y p re scrib e fo r th e p lace o r p laces w h erein such b u sin ess is to be co n d u cted . I f at a n y tim e th e F e d e ra l R e s e rv e B o a rd sh all a sc e rta in th a t th e re g u la tio n s p re scrib ed b y it are n o t bein g com p lied w ith , said b o ard is h e re b y au th o riz ed and em p o w ered to in s titu te an in v e stig a tio n o f th e m a tte r and to send fo r p erson s and p a p e rs, subpoena w itn esses, and a d m in iste r o a th s in o rd e r to s a tis fy it s e lf as to th e a c tu a l n a tu re o f th e tra n sa c tio n s refe rred to. S h o u ld such in v e stig a tio n re su lt in e sta b lish in g th e fa ilu re o f th e co rp o ratio n in q u estio n , o r o f th e n a tio n a l b a n k o r b an k s w h ich m a y be sto ck h o ld ers th ere in , to c o m p ly w ith th e re g u la tio n s laid dow n b y th e said F e d e ra l R e s e rv e B o a rd , such n a tio n a l b a n k s m a y be re q u ired to disp ose o f sto ck h old in gs in th e said c o rp o ratio n upon re aso n ab le n otice. E v e r y such n a tio n a l b a n k in g a sso c iatio n sh all co n d u ct th e a cco u n ts o f each fo reign b ran ch in d e p e n d e n tly o f th e a cco u n ts o f o th e r foreign b ran ch es esta b lish ed b y it and o f its hom e office, and sh all a t th e end o f each fiscal period tra n s fe r to its g e n era l led g er th e p ro fit or loss accru ed at each b ran ch as a se p a ra te item . A n y d ire c to r o r o th e r officer, a g en t, o r em p lo y e e o f a n y m e m b er b an k m a y , w ith th e a p p ro v a l o f th e F e d e ra l R e se rv e B o a rd , be a d ire c to r o r o th e r officer, a g en t, o r em p lo yee o f a n y such b a n k o r c o rp o ratio n a b o v e m en tio n ed in th e c a p ita l sto ck o f w h ich such m e m b er b an k sh all h a v e in v e ste d as h ere in b e fo re p ro v id e d , w ith o u t b ein g s u b je c t to th e p ro v isio n s o f section eig h t o f th e A c t a p p ro v e d O cto b er fifte e n th , n in eteen h u n d red and fo u rteen , en title d A n A c t to su p p lem e n t e x istin g law s a g a in st u n la w fu l re stra in ts and m o n o p o lies, and fo r o th e r p u rp o ses.” 1 t T h e C la y t o n A c t . 402 AN B A N K IN G ADVENTURE IN C O R P O R A T IO N S C O N STR U CTIV E A U T H O R IZ E D B A N K IN G Added by A ct of Dec. TO FIN A N C E DO F O R E IG N B U S IN E S S 24, 19 19 . S e c . 2 5 (a ). C o rp o ra tio n s to be o rgan ized fo r th e p u rp o se o f e n g a g in g in in te rn a tio n a l o r fo reign b an k in g o r o th e r in te rn a tio n a l o r fo reig n fin an c ial o p e ra tio n s, or in b a n k in g o r o th e r fin a n c ia l o p e ra tio n s in a d e p en d en c y o r in su la r possession o f th e U n ite d S ta te s , e ith e r d ire c tly or th ro u g h th e a g e n c y , o w n e rsh ip , o r co n tro l o f lo cal in stitu tio n s in foreign co u n trie s, o r in such d ep en d en cies o r in su la r possession s as p ro v id e d b y th is sectio n , and to act w h en re q u ired b y th e S e c r e ta r y o f th e T r e a s u r y as fiscal a g en ts o f th e U n ite d S ta te s m a y be fo rm ed b y a n y n u m b er o f n a tu ra l person s, n o t less in a n y ca se th a n five. Such person s sh a ll e n te r in to a rtic le s o f a sso ciatio n w h ich sh all s p e c ify in g e n e ra l term s th e o b je c ts fo r w h ich th e a sso c iatio n is fo rm ed and m a y co n ta in a n y o th e r p ro visio n s n o t in c o n siste n t w ith la w w h ich th e a sso ciatio n m a y see fit to a d o p t fo r th e re g u la tio n o f its b u sin ess and th e co n d u ct o f its a ffa irs. Su ch a rticle s o f a sso c iatio n sh all be sign ed b y all o f th e persons in te n d in g to p a rtic ip a te in th e o rg a n iz a tio n o f the c o rp o ratio n a n d , th e re a fte r, sh all be fo rw a rd e d to the F e d e ra l R e s e rv e B o a rd and sh all be filed and p re serv ed in its office. T h e person s sig n in g th e said a rtic le s of a sso c iatio n sh a ll u n d e r th e ir h an d s, m a k e an o rg a n iz atio n c e rtific a te w h ich sh a ll sp e c ific a lly s t a t e : F ir s t. T h e n am e assu m ed b y such c o rp o ra tio n , w h ich sh all be su b je c t to th e a p p ro v a l o f th e F e d e ra l R e s e rv e B o a rd . Second . T h e p lace o r p lac es w h ere its o p e ra tio n s are to be ca rried on. A P PEN D IX B 403 T h ir d . T h e p lace in th e U n ite d S ta te s w h ere its h om e office is to be lo ca ted . F o u rth . T h e a m o u n t o f its c a p ita l sto ck and th e n u m b er o f sh a re s in to w h ich th e sam e sh all be d iv id e d . F ift h . T h e n am es and p laces o f b u sin ess o r resid en ce o f th e person s e x e c u tin g th e c e rtific a te and th e n u m b er o f sh a re s to w h ich each h as su b scrib ed . S ix th . T h e fa c t th a t th e c e rtific a te is m a d e to en a b le th e p erson s su b sc rib in g th e sam e, and all o th e r person s, firm s, co m p an ie s, and co rp o ra tio n s, w h o o r w h ich m a y th e re a fte r su b sc rib e to o r p u rch a se sh ares o f th e c a p ita l sto ck o f such c o rp o ratio n to a v a il th e m se lv e s o f th e a d v a n ta g e s o f th is section . T h e person s sign in g th e o rg a n iz a tio n c e rtific a te sh all d u ly a ck n o w led g e th e ex e cu tio n th e re o f before a ju d g e o f som e co u rt o f reco rd o r n o ta r y p u b lic, w h o sh a ll ce r t ify th e re to u n d e r th e seal o f such co u rt o r n o ta r y , and th e re a fte r th e c e rtific a te sh all be fo rw a rd e d to th e F e d e ra l R e s e r v e B o a rd to be filed and p re se rv e d in its office. U p on d u ly m a k in g an d filin g a rtic le s o f a sso c ia tio n an d an o rg a n iz a tio n c e rtific a te , and a fte r th e F e d e ra l R e s e rv e B o a rd h as a p p ro v e d th e sam e and issu ed a p e rm it to b egin b usin ess, th e a sso c iatio n sh all becom e and be a b o d y c o rp o ra te , an d as such and in th e n am e d e sig n a ted th erein sh all h a v e p o w e r to a d o p t and use a co rp o ra te seal, w h ich m a y be ch a n ged a t th e p lea su re o f its b o ard o f d ire c to rs; to h a v e su ccessio n fo r a period o f tw e n ty y e a rs unless soon er d isso lv e d b y th e a c t o f th e sh a re h o ld e rs o w n in g tw o -th ird s o f th e sto ck o r b y an A c t o f C o n g ress o r unless its fran c h ise s becom e fo rfe ited b y som e v io la tio n o f la w ; to m a k e c o n tra c ts ; to sue and be su ed , c o m p la in , and d efen d in a n y co u rt o f la w o r e q u it y ; to ele ct o r a p p o in t d ire c to rs, all o f w h o m sh a ll be citize n s o f th e U n ite d S t a t e s ; a n d , b y its b o ard o f d ire c to rs, to a p p o in t 4O4 AN ADVENTURE IN CONSTRUCTIVE FINANCE such officers and e m p lo y e es as m a y be d eem ed p ro p er, define th e ir a u th o rity and d u tie s, re q u ire b on ds o f th em , and fix th e p e n a lty th e re o f, d ism iss such o fficers o r em p lo y ees, o r a n y th ere o f, a t p lea su re and a p p o in t o th ers to fill th e ir p la c e s; to p re scrib e, b y its b o ard o f d ire c to rs, b y -la w s n o t in c o n siste n t w ith la w o r w ith th e re g u la tio n s o f th e F e d e ra l R e s e r v e B o a rd re g u la tin g th e m a n n e r in 'which its sto ck sh all be tra n sfe rre d , its d irec to rs elected or a p p o in te d , its officers and e m p lo y e es a p p o in te d , its p ro p e rty tra n sfe rre d , and th e p riv ile g e s g ra n te d to it b y la w ex ercised and e n jo y e d . E a c h c o rp o ratio n so o rga n iz ed sh a ll h a v e p o w er, u n d er su ch ru les and re g u la tio n s as th e F e d e ra l R e s e r v e B o a rd m a y p re sc rib e : (a) T o p u rc h a se , sell, d isc o u n t, a n d n e g o tia te , w ith o r w ith o u t its in d o rse m e n t o r g u a r a n t y , n o tes, d ra fts , ch ec k s, bills o f ex c h a n g e, a c c e p ta n c e s, in c lu d in g b a n k e rs’ a cce p ta n ces, ca b le tra n sfe rs, and o th e r ev id e n ces o f in d e b te d n e ss; to p u rc h a se an d sell, w ith o r w ith o u t its in d o rse m e n t or g u a r a n ty , se c u ritie s, in c lu d in g th e o b lig a tio n s o f the U n ite d S ta te s o r o f a n y S ta te th e re o f b u t not in c lu d in g sh a re s o f sto ck in a n y co rp o ratio n ex c e p t as herein p ro v id e d ; to a cce p t b ills o r d r a fts d raw n upon it su b je c t to such lim ita tio n s and re stric tio n s as the F e d e ra l R e s e r v e B o a rd m a y im p o se ; to issu e le tte rs o f c re d it; to p u rc h a se and sell coin , b u llio n , an d e x c h a n g e ; to b o rro w and to lend m o n e y ; to issu e d e b e n tu re s, bonds, and p ro m isso ry n otes u n d er su ch g e n era l co n d itio n s as to s e c u rity and su ch lim ita tio n s as th e F e d e ra l R e s e rv e tffiard m a y p re scrib e, b u t in no e v e n t h a v in g lia b ilitie s o u tsta n d in g th ereon a t a n y one tim e ex c eed in g ten tim es its c a p ita l sto ck and su rp lu s; to re ce iv e d e p o sits o u tsid e o. U n ited S ta te s and to re ce iv e o n ly such d ep o sits w t in the U n ited S ta te s as m a y be in c id e n ta l to o r fo r APPENDIX B 405 th e p u rp o se o f c a rry in g o u t tra n sa c tio n s in foriegn cou n trie s o r dep en d en cies o r in su la r p ossessions o f th e U n ite d S t a t e s ; an d g e n e ra lly to exercise such p ow ers as are in c i d e n ta l to th e p ow ers co n ferred b y th is A c t o r as m a y be u su a l, in th e d e te rm in a tio n o f th e F e d e ra l R e s e rv e B o a rd , in co n n ectio n w ith th e tra n sa c tio n o f th e b u sin ess o f b a n k in g o r o th e r fin an c ial o p eratio n s in th e co u n trie s, colon ies, d ep en d en cies, o r possessions in w h ich it sh all tra n s a c t b usin ess an d n o t in co n siste n t w ith th e p o w ers sp e c ific a lly g ra n te d h erein . N o th in g co n tain ed in th is sectio n sh all be co n stru ed to p ro h ib it th e F e d e ra l R e s e rv e B o a rd , u n d e r its p o w e r to p re scrib e ru les and re g u la tio n s, fro m lim itin g th e a g g re g a te am o u n t o f lia b ilitie s o f a n y o r all classes in c u rred b y th e co rp o ratio n and o u tsta n d in g a t a n y one tim e. W h e n e v e r a co rp o ratio n o rgan ized u n d e r th is section re ceiv es d ep o sits in th e U n ite d S ta te s a u th o riz ed b y th is section it sh all c a r r y rese rve s in su ch am o u n ts as th e F e d e ra l R e s e r v e B o a rd m a y p re scrib e, b u t in no e v e n t less th a n ten p e r cen tu m o f its d ep o sits. (b) T o e sta b lish and m a in ta in fo r th e tra n sa c tio n o f its b usin ess b ran ch e s o r agen cies in foreign co u n trie s, th e ir d ep en d en cies o r colon ies, and in th e dep en d en cies o r in su la r possession s o f th e U n ite d S ta te s, a t such p laces as m a y be a p p ro v e d b y th e F e d e ra l R e s e rv e B o a rd and u n d e r such ru les an d re g u la tio n s as it m a y p rescrib e, in clu d in g co u n trie s o r d ep en d en cies not specified in th e o rig in al o rg a n iz a tio n ce rtific a te . (c) W ith th e co n sen t o f th e F e d e ra l R e s e rv e B o a rd to p u rc h a se an d h old sto ck o r o th e r ce rtifica tes o f o w n er sh ip in a n y o th e r co rp o ratio n o rgan ized u n d er th e p ro v isio n s o f th is sectio n , o r u n d er th e law s o f a n y foreign c o u n try o r a c o lo n y o r d e p en d en c y th ere o f, o r u n d er th e la w s o f a n y S ta te , d e p en d en c y , or in su la r possession o f th e U n ite d S ta te s b u t n o t en gaged in th e g en eral 406 a n a d v e n t u r e in c o n st r u c t iv e f in a n c e b usin ess o f b u y in g o r sellin g go o d s, w a re s, m e rch an d ise, o r co m m o d ities in th e U n ite d S ta te s , and n o t tra n s a c tin g a n y business in th e U n ite d S ta te s ex c e p t such as in the ju d g m e n t o f th e F e d e ra l R e s e rv e B o a rd m a y be in ci to its in te rn a tio n a l o r fo reign b u sin e ss: Pro vided, however, T h a t , e x c e p t w ith th e a p p ro v a l o f th e d e n ta l F e d e ra l R e s e rv e B o a rd , no co rp o ratio n o rga n iz ed h ere u n d er sh all in v e st in a n y one c o rp o ratio n an a m o u n t in excess o f ten p er cen tu m o f its ow n c a p ita l an d su rp lu s, e x c e p t in a co rp o ratio n en g ag ed in th e b u sin ess o f b a n k in g, w h en fifteen p er cen tu m o f its c a p ita l and su rp lu s m a y be so in v e ste d . Provided further, T h a t no co rp o ratio n o rgan ized h ere u n d er sh all p u rc h a se , o w n , o r h old sto ck or c e rtific a te s o f o w n e rsh ip in a n y o th e r co rp o ratio n o rga n iz ed h ere u n d er o r u n d e r th e la w s o f a n y S ta te w h ich is in su b s ta n tia l co m p etitio n th e re w ith , o r w h ich h old s sto ck o r c e rtific a te s o f o w n e rsh ip in co rp o ratio n s w h ich are in su b s ta n tia l co m p e titio n w ith th e p u rc h a sin g co rp o ratio n . N o th in g co n ta in ed h erein sh all p re v e n t co rp o ratio n s o rga n iz ed h ere u n d er fro m p u rc h a sin g and h o ld in g sto ck in a n y co rp o ratio n w h ere su ch p u rc h a se sh all be n e c e ssa ry to p re v e n t a loss u pon a d e b t p re v io u sly c o n tra c te d in good fa ith ; and sto c k so p u rch a se d o r a cq u ire d in co r p o ra tio n s o rgan ized u n d e r th is section sh all w ith in six m o n th s fro m such p u rch a se be sold o r disp osed o f a t p u b lic o r p riv a te sale u nless th e tim e to so d isp ose o f sam e is ex te n d ed b y th e F e d e ra l R e s e r v e B o a rd . N o c o rp o ratio n o rgan ized u n d e r th is sectio n sh all c a r r y on a n y p a rt o f its b u sin ess in th e U n ite d S ta te s ex c e p t such as, in th e ju d g m e n t o f th e F e d e ra l R e s e rv e B o a rd , sh all be in c id e n ta l to its in te rn a tio n a l o r fo reign b u sin e ss: And provided further, T h a t e x c e p t su ch as is in c id e n ta l and p re lim in a ry to its o rg a n iz a tio n no such A P P E N D IX B 407 c o rp o ratio n sh all exercise a n y o f th e p ow ers co n ferred b y th is sectio n u n til it h as been d u ly au th o riz ed b y the F e d e ra l R e s e rv e B o a rd to co m m ence b usin ess as a co r p o ra tio n o rga n iz ed u n d er th e p ro visio n s o f th is section . N o c o rp o ratio n o rga n iz ed u n d er th is section sh all en g ag e in com m erce o r tra d e in co m m o d ities e x c e p t as s p e c ific a lly p ro v id e d in th is sectio n , n or sh all it eith e r d ire c tly o r in d ire c tly co n tro l o r fix o r a tte m p t to co n tro l o r fix th e p rice o f a n y such co m m o d ities. T h e c h a rte r o f a n y c o rp o ratio n v io la tin g th is p ro visio n sh all be su b je c t to fo rfe itu re in th is sectio n . in th e m a n n er h e re in a fte r p ro v id e d I t sh all be u n la w fu l fo r a n y d irec to r, o fficer, a g e n t, o r e m p lo y e e o f a n y su ch c o rp o ratio n to use o r to co n sp ire to use th e c red it, th e fu n d s, o r th e p o w e r o f th e co rp o ratio n to fix o r co n tro l th e p rice o f a n y such co m m o d itie s, and a n y such person v io la tin g th is p ro v isio n sh all be lia b le to a fine o f n ot less th a n $ 1 ,0 0 0 an d n o t ex c eed in g $ 5 ,0 0 0 o r im p riso n m en t n o t less th an one y e a r a n d n o t ex c eed in g fiv e y e a r s , o r b o th , in th e d isc retio n o f th e co u rt. N o co rp o ratio n sh all be o rga n iz ed u n d e r th e p ro v isio n s o f th is sectio n w ith a c a p ita l sto ck o f less th a n $ 2 ,0 0 0 ,0 0 0 , o n e -q u a rte r o f w h ich m u st be p aid in befo re th e co rp o ra tio n m a y be au th o riz ed to begin b u sin ess, and th e re m a in d e r o f th e c a p ita l sto c k o f su ch c o rp o ra tio n sh a ll be p aid in in sta llm e n ts o f a t le a st 1 0 p er ce n tu m on th e w h o le a m o u n t to w h ich th e co rp o ratio n sh all be lim ite d a s fre q u e n tly as one in sta llm e n t a t th e end o f each su c ceed in g tw o m o n th s fro m th e tim e o f th e co m m en ce m e n t o f its b u sin ess o p e ra tio n s u n til th e w h o le o f th e c a p ita l sto c k sh a ll be p a id in. T h e c a p ita l sto c k o f a n y su ch c o rp o ratio n m a y be in crea sed a t a n y tim e , w ith th e a p p ro v a l o f th e F e d e ra l R e s e r v e B o a rd , b y a v o te o f tw o -th ird s o f its sh a re h o ld e rs o r b y u n an im o u s co n sen t 408 a n a d v e n t u r e in c o n st r u c t iv e f in a n c e in w ritin g o f th e sh areh o ld ers w ith o u t a m e etin g and w ith o u t a fo rm a l v o te , b u t a n y such in crea se o f c a p ita l sh all be fu lly p aid in w ith in n in e ty d a y s a fte r su ch a p p ro v a l; and m a y be red u ced in lik e m a n n er, p ro v id e d th a t in no e v e n t sh all it be less th a n £2,0 00 ,0 00 . N o co rp o ratio n , ex c e p t as h erein p ro v id e d , sh all d u rin g th e tim e it sh all co n tin u e its o p e ra tio n s w ith d ra w o r p e rm it to be w ith d ra w n , eith e r in th e form o f d iv id e n d s o r o th e rw ise , a n y p o rtio n o f its c a p ita l. A n y n a tio n a l b a n k in g a sso c iatio n m a y in v e st in th e sto ck o f a n y co r p o ra tio n o rga n iz ed u n d e r th e p ro v isio n s o f th is sectio n , b u t th e a g g re g a te a m o u n t o f sto ck held m all co rp o ratio n s en g ag ed in b u sin ess o f th e k in d d escrib ed in th is section and in section 25 o f th e F e d e ra l R e s e r v e A c t as am en d ed sh all n o t exceed ten p e r ce n tu m o f th e su b sc rib in g b a n k ’ s c a p ita l an d su rp lu s. A m a jo r ity o f th e sh a re s o f th e c a p ita l sto c k o f a n y such c o rp o ratio n sh all a t all tim e s be held and ow n ed b y citizen s o f th e U n ite d S ta te s , b y co rp o ratio n s th e con tro llin g in te re st in w h ich is ow n ed b y citizen s o f the U n ite d S ta te s , ch a rte re d u n d e r th e la w s o f th e U n ite d S ta te s o r o f a S ta te o f th e U n ite d S ta te s , o r b y firm s or co m p an ie s, th e c o n tro llin g in te re st in w h ich is ow n ed b y citizen s o f th e U n ite d S ta te s . T h e p ro v isio n s o f section 8 o f th e a c t a p p ro v e d O cto b e r 1 5 , 1 9 1 4 , e n title d “ A n a ct to su p p lem e n t e x istin g la w s a g a in st u n la w fu l re s tra in ts and m o n o p o lies, an d fo r o th e r p u rp o se s,” as am en d ed b y th e a cts o f M a y 1 5 , 1 9 1 6 , and S e p te m b e r 7, 1 9 1 6 , sh all be co n stru ed to a p p ly to th e d ire c to rs, o th e r officers, a g e n ts, o r e m p lo y e es o f c o rp o ra tio n s o rga n iz ed u n d er th e p ro v isio n s o f th is se c tio n : Provided, however, T h a t n o th in g h erein co n ta in ed sh a ll ( 1) p ro h ib it a n y d irec to r o r o th e r officer* agen t o r em p lo y e e o f a n y m em b er b an k , w h o h as p ro cu red th e a p p ro v a l o f th e F e d e ra l APPENDIX B 4C9 R e s e r v e B o a rd fro m s e rv in g a t th e sam e tim e as a d irec to r o r o th e r officer, a g en t o r e m p lo y e e o f a n y co rp o ra tio n o rga n iz ed u n d er th e p ro v isio n s o f th is sectio n in w h o se c a p ita l sto ck such m e m b er b a n k sh all h a v e in v e s te d ; o r (2) p ro h ib it a n y d irec to r o r o th e r o fficer, a g e n t, o r em p lo y ee o f a n y c o rp o ratio n o rgan ized u n d e r th e p ro v isio n s o f th is sectio n , w h o h as p ro cu red th e a p p ro v a l o f th e F e d e ra l R e s e r v e B o a rd , fro m se rv in g a t th e sam e tim e as a d irec to r o r o th e r officer, a gen t, o r em p lo y e e o f a n y o th e r c o rp o ratio n m en tio n ed in c o rp o ra tio n w h o se sh all c a p ita l h ave sto ck in v e ste d such first- u n d e r th e p ro visio n s o f th is section. N o m em b er o f th e F e d e ra l R e s e r v e B o a rd sh all be an officer o r d irec to r o f a n y c o rp o ratio n o rga n iz ed u n d e r th e p ro visio n s o f th is sectio n , o r o f a n y c o rp o ra tio n en g a g e d in sim ila r b u sin ess o rgan ized u n d e r th e la w s o f a n y S ta te , n o r h old sto c k in a n y such c o rp o ra tio n , and b efo re en te rin g upon h is d u ties as a m em b er o f th e F e d e ra l R e s e rv e B o a rd he sh a ll c e r tify u n d er o a th to th e S e c re ta ry o f th e T r e a s u r y th a t he h as co m p lied w ith th is re q u irem e n t. S h a reh o ld ers in a n y c o rp o ratio n o rga n iz ed u n d e r th e p ro visio n s o f th is sectio n sh all be lia b le fo r th e a m o u n t o f th e ir u n p aid sto ck su b sc rip tio n s. N o such c o rp o ra tio n sh all becom e a m em b er o f a n y F e d e ra l re se rv e b a n k . S h o u ld a n y c o rp o ratio n o rga n iz ed h ere u n d er v io la te o r fa il to c o m p ly w ith a n y o f th e p ro v isio n s o f th is sec tio n , all o f its rig h ts, p riv ile g e s, and fran c h ise s d e riv e d h erefro m m a y th e re b y be fo rfe ite d . B e fo re a n y su ch c o rp o ratio n sh all be d e cla red d isso lv e d , or its rig h ts, p riv ile g e s, and fran c h ise s fo rfe ite d , a n y n o n co m p lia n ce w ith , o r v io la tio n o f such la w s sh a ll, h o w eve r, be d e te r m in ed and a d ju d g e d b y a co u rt o f th e U n ite d S ta te s o f co m p ete n t ju ris d ic tio n , in a su it b ro u gh t fo r th a t p u rp o se 410 AN ADVENTURE IN CONSTRUCTIVE FINANCE in th e d istric t o r te r r ito r y in w h ich th e h om e office o f such c o rp o ra tio n is lo c a te d , w h ich su it sh all be b ro u g h t b y th e U n ite d S ta te s a t th e in sta n c e o f th e F e d e ra l R e s e r v e B o a rd o r th e A t t o r n e y G e n e ra l. U p o n a d ju d i c a tio n o f su ch n o n co m p lia n ce o r v io la tio n , each d irec to r an d o fficer w h o p a rtic ip a te d in, o r asse n ted to , th e illeg a l a c t o r a c ts, sh all be lia b le in his p erson al o r in d iv id u a l c a p a c ity fo r all d a m a g e s w h ich th e said c o rp o ratio n sh all h a v e su sta in e d in co n seq u en ce th ere o f. N o d isso lu tio n sh all ta k e a w a y o r im p a ir a n y re m e d y a g a in st th e co r p o ra tio n , its sto ck h o ld ers, o r officers fo r a n y lia b ilit y or p e n a lty p re v io u sly in cu rred . A n y such c o rp o ra tio n m a y g o in to v o lu n ta r y liq u i d a tio n and be closed b y a v o te o f its sh a re h o ld e rs o w n in g tw o -th ird s o f its sto ck . W h e n e v e r th e F e d e ra l R e s e r v e B o a rd sh all becom e satisfie d o f th e in s o lv e n c y o f a n y su ch c o rp o ra tio n , it m a y a p p o in t a re c e iv e r w h o sh all ta k e p o ssession o f all o f th e p ro p e rty and a sse ts o f th e c o rp o ratio n and exercise the sam e rig h ts, p riv ile g e s, p o w ers, an d a u th o rity w ith re sp ect th e re to as are n o w ex e rcise d b y re c e iv e rs o f n a tio n a l b a n k s ap p o in ted b y th e C o m p tro lle r o f th e C u rre n c y o f th e U n ite d S t a t e s : Provided, however, T h a t th e asse ts o f th e c o rp o ratio n s u b je c t to th e la w s o f o th e r co u n trie s or ju ris d ic tio n s sh all be d e a lt w ith in a cco rd a n ce w ith th e term s o f su ch law s. E v e r y c o rp o ra tio n o rg a n iz ed u n d e r th e p ro v isio n s o f th is sectio n sh all h old a m e e tin g o f its sto ck h o ld ers a n n u a lly u pon a d a te fixed in its b y -la w s , su ch m e e tin g to be held a t its h om e office in th e U n ite d S ta te s . E v e r y such c o rp o ratio n sh all keep a t its h om e office b o ok s con ta in in g th e n am es o f all sto ck h o ld ers th e re o f, an d th e n am es and a d d resses o f th e m e m b ers o f its b o ard o f d i recto rs, to g e th e r w ith copies o f all re p o rts m a d e b y it to APPENDIX B 4II th e F e d e ra l R e s e rv e B o a rd . E v e r y such co rp o ratio n shall m a k e re p o rts to th e F e d e ra l R e s e rv e B o a rd a t such tim es and in such fo rm as it m a y re q u ire ; and sh all be su b je c t to ex a m in a tio n once a y e a r and a t such o th e r tim e s as m a y be d eem ed n e c e ssa ry b y th e F e d e ra l R e s e rv e B o a rd b y e x a m in ers a p p o in ted b y th e F e d e ra l R e s e rv e B o a rd , th e co st o f such e x a m in a tio n s, in c lu d in g th e co m p en sa tio n o f th e ex a m in e rs, to be fixed b y th e F e d e ra l R e s e rv e B o a rd and to be p a id b y th e c o rp o ra tio n ex a m in ed . T h e d irec to rs o f a n y c o rp o ratio n o rga n iz ed u n d e r th e p ro v isio n s o f th is section m a y , se m ia n n u a lly , d e cla re a d iv id e n d o f so m u ch o f th e n et p ro fits o f th e c o rp o ra tio n as th e y sh all ju d g e e x p e d ie n t; b u t each c o rp o ratio n sh a ll, b efo re th e d e c la ra tio n o f a d iv id e n d , c a r r y o n e-ten th o f its n et p ro fits o f th e p re ce d in g h a lf y e a r to its su rp lu s fu n d u n til th e sam e sh a ll a m o u n t to tw e n ty per cen tu m o f its c a p ita l sto ck . A n y co rp o ratio n o rg a n iz ed u n d e r th e p ro v isio n s o f th is sectio n sh a ll be su b je c t to t a x b y th e S t a t e w ith in w h ich its h om e office is lo c a te d in th e sam e m a n n e r and to th e sam e e x te n t as o th e r c o rp o ra tio n s o rga n iz ed u n d e r th e la w s o f th a t S t a t e w h ich are tra n s a c tin g a s im ila r c h a r a c te r o f b u sin e ss. T h e sh a re s o f sto ck in such co rp o ratio n sh a ll also be s u b je c t to t a x as th e p erson al p ro p e rty o f th e o w n ers o r h o ld ers th e re o f in th e sam e m a n n er and to th e sam e e x te n t as th e sh a re s o f sto c k in sim ila r S ta te c o rp o ra tio n s. A n y co rp o ra tio n o rg a n iz e d u n d e r th e p ro v isio n s o f th is sectio n m a y a t a n y tim e w ith in th e tw o y e a r s n e x t p re v io u s to th e d a te o f th e e x p ira tio n o f its c o rp o ra te e x iste n c e , b y a v o te o f th e sh a re h o ld e rs o w n in g tw o -th ird s o f its s to c k , a p p ly to th e F e d e ra l R e s e r v e B o a rd fo r its a p p ro v a l to ex te n d th e p erio d o f its c o rp o ra te e x iste n c e fo r a term o f n o t m ore th a n tw e n ty y e a r s , and u pon c e rti- 412 AN ADVENTURE IN CONSTRUCTIVE FINANCE fied a p p ro v a l o f the F e d e ra l R e s e r v e B o a rd su ch c o rp o ra tio n sh all h a v e its c o rp o ra te e x iste n c e fo r such ex te n d e d period u nless soon er d isso lv e d b y th e a c t o f th e sh a re h old ers o w n in g tw o -th ird s o f its sto c k , o r b y an A c t o f C o n g ress o r u n less its fra n c h ise b ecom es fo rfe ite d b y som e v io la tio n o f law . A n y b an k o r b a n k in g in s titu tio n , p r in c ip a lly en g ag ed in foreign b u sin ess, in c o rp o ra te d b y sp ec ia l la w o f a n y S ta te o r o f th e U n ite d S ta te s o r o rg a n iz ed u n d e r th e g e n eral law s o f a n y S t a t e o r o f th e U n ite d S ta te s , and h a v in g an u n im p a ire d c a p ita l su fficien t to e n title it to becom e a c o rp o ratio n u n d e r th e p ro v isio n s o f th is sectio n m a y , b y th e v o te o f th e sh a re h o ld e rs o w n in g n o t less th a n tw o th ird s o f th e c a p ita l sto ck o f su ch b a n k o r b a n k in g a sso c ia tio n , w ith th e a p p ro v a l o f th e F e d e ra l R e s e r v e B o a rd , be c o n v e rte d in to a F e d e ra l c o rp o ra tio n o f th e k in d a u th o riz ed b y th is sectio n w ith a n y n am e a p p ro v e d b y th e F e d e ra l R e s e r v e B o a r d : Provided, however, T h a t said con ve rsio n sh all n o t be in c o n tra v e n tio n o f th e S t a t e la w . In such case th e a rtic le s o f a sso c ia tio n and o rg a n iz a tio n c e rtific a te m a y be e x e cu ted b y a m a jo r it y o f th e d ire c to rs o f the b an k o r b a n k in g in stitu tio n , and th e c e rtific a te sh all d e cla re th a t th e o w n ers o f a t le a st tw o -th ird s o f th e c a p ita l sto ck h a v e a u th o riz ed th e d ire c to rs to m a k e such c e rtific a te and to ch a n ge o r c o n v e rt th e b a n k o r b a n k in g in stitu tio n in to a F e d e ra l c o rp o ratio n . A m a jo r it y o f th e d ire c to rs, a fte r e x e c u tin g th e a rtic le s o f a sso c ia tio n and th e o rg a n iz a tio n c e rtific a te , sh all h a v e p o w e r to ex e cu te all o th e r p a p e rs and to do w h a te v e r m a y be re q u ired to m a k e its o rg a n iz a tio n p e rfe c t and co m p le te as a F e d e ra l co rp o ratio n . T h e sh a re s o f a n y such c o rp o ra tio n m a y co n tin u e to be fo r th e sam e a m o u n t each as th e y w ere before th e co n ve rsio n , and th e d ire c to rs m a y co n tin u e ° 6 c*ire cto rs o f th e c o rp o ratio n u n til o th e rs are elected APPENDIX B 413 o r a p p o in ted in a cco rd a n ce w ith th e p ro v isio n s o f th is sectio n . W h en th e F e d e ra l R e s e r v e B o a rd h as g iv e n to su ch c o rp o ratio n a c e rtific a te th a t th e p ro v isio n s o f th is sectio n h a v e been co m p lied w ith , such co rp o ra tio n and a ll its sto ck h o ld e rs, o fficers, an d e m p lo y e e s, sh a ll h a v e th e sam e p o w ers and p riv ile g e s, and sh a ll be s u b je c t to th e sam e d u tie s, lia b ilitie s , and re g u la tio n s, in all re sp ects, as sh a ll h a v e been p re scrib ed b y th is sectio n fo r co rp o ra tio n s o rig in a lly o rg a n iz e d h ereu n d er. E v e r y officer, d ire c to r, c le rk , e m p lo y e e , o r a g e n t o f a n y co rp o ra tio n o rg a n iz ed u n d e r th is sectio n w h o em bezzles, a b s tra c ts , o r w illfu lly m isa p p lie s a n y o f th e m o n e y s, fu n d s, c re d its, se c u ritie s, ev id e n ces o f in d eb ted n ess o r asse ts o f a n y c h a ra c te r o f such c o rp o ra tio n ; o r w h o , w ith o u t a u th o r ity from th e d ire c to rs, issu es o r p u ts fo rth a n y ce rtifi ca te o f d e p o sit, d ra w s a n y o rd e r o r bill o f ex c h a n g e, m a k es a n y a cce p ta n ce , assig n s a n y n o te, bon d, d e b e n tu re , d r a ft, bill o f ex c h a n g e , m o rtg a g e , ju d g m e n t, o r d e c re e ; o r w h o m a k e s a n y false e n tr y in a n y book, re p o rt, o r s ta te m e n t o f such c o rp o ratio n w ith in te n t, in e ith e r ca se, to in ju re o r d e fra u d such c o rp o ra tio n o r a n y o th e r c o m p a n y , b o d y p o litic o r c o rp o ra te , o r a n y in d iv id u a l person , o r to d e ce ive a n y officer o f su ch c o rp o ra tio n , th e F e d e ra l R e s e rv e B o a rd , o r a n y a g en t o r e x a m in e r a p p o in te d to e x a m in e th e a ffa irs o f a n y such c o rp o ra tio n ; and e v e r y re c e iv e r o f a n y su ch c o rp o ra tio n and e v e r y cle rk o r em p lo y e e o f such re c e iv e r w h o sh all em bezzle, a b s tr a c t, o r w illfu lly m is a p p ly or w r o n g fu lly c o n v e rt to his ow n use a n y m o n e ys, fu n d s, cre d its, o r a sse ts o f a n y c h a ra c te r w h ich m a y com e in to h is possession o r u n d e r h is co n tro l in th e execu tio n o f his tru s t o r th e p e rfo rm a n c e o f th e d u tie s o f h is e m p lo y m e n t; and e v e r y such re c e iv e r o r c le rk o r e m p lo y e e o f such re c e iv e r w h o sh a ll, w ith in te n t to in ju re o r d e fra u d a n y p e r son, b o d y p o litic o r c o rp o ra te , o r to d e ce ive or m islead th e 414 AN ADVENTURE IN CONSTRUCTIVE FINANCE F e d e ra l R e s e rv e B o a rd , o r a n y a g en t o r e x a m in e r a p p o in ted to ex a m in e th e a ffa irs o f su ch re c e iv e r, sh all m a k e a n y false e n tr y in a n y b o ok , re p o rt, o r reco rd o f a n y m a t te r con n ected w ith th e d u tie s o f such re c e iv e r; and e v e r y person w h o w ith lik e in te n t aid s o r a b e ts a n y officer, d i re c to r, c le rk , e m p lo y e e , o r a g en t o f a n y c o rp o ratio n o r g a n iz ed u n d e r th is sectio n , o r re c e iv e r o r cle rk o r em p lo y e e o f su ch re c e iv e r as a fo re sa id in a n y v io la tio n o f th is sec tio n , sh a ll upon co n v ic tio n th e re o f be im p riso n e d fo r n o t less th a n tw o y e a rs n o r m o re th a n ten y e a rs , and m a y also be fined n o t m ore th a n $ 5 ,0 0 0 , in th e d isc retio n o f th e co u rt. W h o e v e r b ein g co n n ected in a n y c a p a c ity w ith a n y co r p o ra tio n o rga n iz ed u n d e r th is sectio n re p rese n ts in a n y w a y th a t th e U n ite d S ta te s is lia b le fo r th e p a y m e n t o f a n y bond o r o th e r o b lig a tio n , o r th e in te re st th ere o n , is sued o r in cu rred b y a n y c o rp o ratio n o rgan ized h ereu n d er, o r th a t th e U n ite d S ta te s in c u rs a n y lia b ilit y in re sp ect o f a n y act or o m ission o f th e c o rp o ra tio n , sh a ll be p u n ish ed b y a fine o f n o t m ore th a n $ 10 ,0 0 0 and b y im p riso n m en t fo r not m ore th a n fiv e y e a rs . S e c . 26. A ll p ro v isio n s o f la w in c o n siste n t w ith o r su p ersed ed b y a n y o f th e p ro v isio n s o f th is A c t are to th a t e x te n t and to th a t e x te n t o n ly h e re b y re p e a le d : Providedy N o th in g in th is A c t co n ta in ed sh all be co n stru ed to re p eal th e p a r it y p ro v isio n o r p ro v isio n s co n ta in ed in an A c t a p p ro v e d M a r c h fo u rte e n th , n in eteen h u n d red , e n title d “ A n A c t to define and fix th e sta n d a rd o f v a lu e , to m a in ta in th e p a r it y o f all fo rm s o f m o n e y issu ed o r coined b y the U n ite d S ta te s , to refu n d th e p u b lic d e b t, and fo r o th e r p u rp o se s,” and th e S e c r e ta r y o f th e T r e a s u r y m a y , fo r th e p u rp o se o f m a in ta in in g such p a r it y and to stre n g th e n th e gold re se rve , b o rro w go ld on th e se c u r ity o f U n ite d S ta te s bonds a u th o rized b y section tw o o f th e A c t la s t APPENDIX B 415 referred to o r fo r o n e -y e a r go ld n o tes b ea rin g in te re st a t a ra te o f n o t to exceed th ree p er cen tu m p er a n n u m , o r sell th e sam e i f n e c e ssa ry to o b ta in go ld . W h en th e fu n d s o f th e T r e a s u r y on h an d ju s t ify , he m a y p u rc h a se and re tire such o u tsta n d in g bonds and notes. As amended by act approved Aug. 4, 1914 (38 Stat., 682, chap. 225). S e c . 27. T h e p ro v isio n s o f th e A c t o f M a y th irtie th , nin eteen h un d red and eig h t, a u th o riz in g n a tio n a l c u r re n c y a sso c iatio n s, th e issu e o f a d d itio n a l n a tio n a l-b a n k c irc u la tio n , and c re a tin g a N a tio n a l M o n e ta r y C o m m issio n , w h ich ex p ires b y lim ita tio n u n d e r th e term s o f such A c t on th e th irtie th d a y o f J u n e , n in eteen h u n d red and fo u rte en , are h e re b y exte n d ed to Ju n e th irtie th , n in e teen h un d red and fifteen , and sectio n s fifty -o n e h u n d red and fifty -th re e , fifty -o n e h u n d red and se v e n ty -tw o , fifty one h un d red and n in ety -o n e , and fifty -tw o h u n d red and fo u rte en o f th e R e v is e d S ta tu te s o f th e U n ited S ta te s , w h ich w ere am en d ed b y th e A c t o f M a y th irtie th , n ineteen h u n d red and e ig h t, are h e re b y reen acted to read as such sectio n s read p rio r to M a y th irtie th , nin eteen h u n d red and eig h t, su b je c t to such am en d m en ts o r m o d ifica tio n s as are p rescrib ed in th is A c t : Provided, however, T h a t sectio n nine o f th e A c t first referred to in th is section is h e re b y am en d ed so as to ch a n ge th e ta x ra te s fixed in said A c t b y m a k in g th e p o rtio n a p p lic a b le th ere to read as fo llo w s: N a tio n a l b a n k in g asso c iatio n s h a v in g c irc u la tin g n otes secured o th e rw ise th an b y b on ds o f th e U n ite d S ta te s , sh a ll p a y fo r th e first th ree m o n th s a ta x a t th e ra te o f th ree p e r cen tu m p e r an nu m u pon th e a v e ra g e a m o u n t o f such o f th e ir n o tes in c ircu la tio n as are based upon the d e p o sit o f such sec u rities, and a fte rw a rd s an a d d itio n a l t a x ra te o f o n e -h a lf o f one p er cen tu m p er an nu m fo r each m o n th u n til a t a x o f six p e r ce n tu m p e r an nu m is re ach e d , 416 a n a d v e n t u r e in c o n st r u c t iv e f in a n c e and th e re a fte r such t a x o f s ix p er cen tu m p e r an nu m u pon th e a v e ra g e a m o u n t o f such n o te s: Provided further, T h a t w h e n e v e r in h is ju d g m e n t he m a y deem it d e sira b le , th e S e c re ta ry o f th e T r e a s u r y sh a ll h a v e p o w e r to su sp en d th e lim ita tio n s im p osed b y sectio n one and sectio n th re e o f th e A c t refe rred to in th is sec tio n , w h ich p re scrib e th a t such a d d itio n a l c irc u la tio n secu red o th e rw ise th a n b y b on ds o f th e U n ite d S ta te s sh a ll be issu ed o n ly to N a tio n a l b a n k s h a v in g c irc u la tin g n otes o u tsta n d in g secu red b y th e d e p o sit o f bonds o f th e U n ite d S ta te s to an a m o u n t n o t less th a n fo r ty p e r cen tu m o f th e c a p ita l sto ck o f such b a n k s, and to su sp en d also th e co n d itio n s and lim ita tio n s o f section fiv e o f said A c t e x c e p t th a t no b a n k sh a ll be p e rm itte d to issu e c irc u la tin g n otes in excess o f one h u n dred and tw e n ty -fiv e per cen tu m o f its u n im p a ire d c a p ita l and su rp lu s. H e sh a ll re q u ire each b an k and c u rre n c y a sso c iatio n to m a in ta in on d e p o sit in th e T r e a s u r y o f th e U n ite d S ta te s a sum in gold su fficien t in h is ju d g m e n t fo r th e re d em p tio n o f such n o tes, b u t in no e v e n t less th a n fiv e p e r ce n tu m . H e m a y p e rm it N a tio n a l b a n k s, d u rin g th e period fo r w h ich such p ro v isio n s are su sp en d ed , to issu e a d d itio n a l c irc u la tio n u n d er th e term s and co n d itio n s o f th e A c t referred to as h erein a m en d ed : Provided further, T h a t th e S e c r e ta r y o f the T r e a s u r y , in his d isc re tio n , is fu r th e r a u th o riz ed to exten d th e ben efits o f th is A c t to all q u alifie d S t a t e b a n k s and tru s t co m p an ie s, w h ich h a v e jo in e d th e F e d e ra l re se rv e s y ste m , o r w h ich m a y c o n tra c t to jo in w ith in fifte en d a y s a fte r th e p a ssa g e o f th is A c t. S e c . 28. S ec tio n fifty -o n e h u n d red and fo rty -th re e of th e R e v is e d S ta tu te s is h e re b y a m en d ed and re en a cted to read as fo llo w s: A n y a sso c iatio n fo rm ed u n d er th is title m a y , b y th e v o te o f sh a re h o ld e rs o w n in g tw o -th ird s o f its c a p ita l sto c k , red u ce its c a p ita l to a n y sum n o t APPENDIX B 417 b elo w th e am o u n t req u ired b y th is title to a u th o rize the fo rm a tio n o f a sso c ia tio n s; b u t no such red u ctio n sh all be a llo w a b le w h ich w ill red u ce th e c a p ita l o f th e a sso ciatio n b elo w th e a m o u n t re q u ired fo r its o u tsta n d in g c irc u la tio n , n o r sh all a n y re d u ctio n be m ad e u n til th e am o u n t o f th e proposed re d u ctio n h as been rep o rted to th e C o m p tro lle r o f th e C u rre n c y and such red u ctio n h as been a p p ro v e d b y th e said C o m p tro lle r o f th e C u rre n c y and b y th e F e d e ra l R e s e rv e B o a rd , o r b y th e o rg a n iz atio n com m itte e p en d in g th e o rg a n iz a tio n o f th e F e d e ra l R e s e rv e B o a rd . Sec. 29. I f a n y cla u se , sen ten ce, p a ra g ra p h , o r p a rt o f th is A c t sh all fo r a n y reason be a d ju d g e d b y a n y co u rt o f c o m p ete n t ju risd ic tio n to be in v a lid , such ju d g m e n t sh all n o t a ffec t, im p a ir, o r in v a lid a te th e re m ain d er o f th is A c t, b u t sh all be confined in its o p eratio n to the cla u se , sen ten ce, p a ra g ra p h , o r p a rt th e re o f d ire c tly in v o lv e d in the c o n tro v e rs y in w h ich such ju d g m e n t sh all h a v e been ren d ered . S e c . 30. T h e rig h t to am en d , a lte r, o r rep eal th is A c t is h e re b y e x p re s sly re se rve d . TH E END IN D E X Abbot, Dr. [Outlook], describes debate on Glass currency bill, 169. Academy of Political Science, debate on Glass currency bill, 176; Senator Aldrich’s address attacking the federal reserve bill, 243 et seq. Aldrich, Senator Nelson W., denounces federal reserve system, 242 et seq.; his predictions have not materialized,248. Aldrich Monetary Commission, reports a central-bank bill, 67. Aldrich plan, is favoured by House, 30; is rejected by National Democratic Convention, 71; is rejected by the Progressive Convention, 72; is not considered by the Congressional sub committee on currency reform, 85; is not the foundation of the federal reserve system, 239, 241, 248. American Bank & Trust Co. v. Federal Reserve Bank of Atlanta, determines status o f par clearance, 305. American Bankers’ Association attacks currency bill, 164, 166; resemblance of its bank device to Federal Reserve Act, 240. „ Ashurst, Senator Henry F „ accuses Senate conferees of “ capitulating to the House,” 219. Atlanta Reserve Bank, expands credits in 1920, 288. Bank of England, receives credit from federal reserve banks, 310. Belgium, receives assistance from fed eral reserve system, 310. Bristow, Senator Joseph L., accuses M cAdoo and others of making legis lative decisions, 203; Senate conferee on currency bill, 214. Brown, William G., member of House Banking and Currency Committee, 97 Bryan, Secretary William J., is opposed to bank representation on Federal Reserve Board, 112; favours govern ment issue, 123; is reported as op posed to federal reserve bill, 133; his letter in support of federal reserve bill, 138; his statement on federal reserve bill, 142; opposes revival of silver issue, 146. Bulkley, R. J., member o f House Bank 419 ing and Currency Committee, 97; favours bank representation on Federal Reserve Board, 114; defends federal reserve bill, 140; debates on Glass currency bill, 176, 177. Byrnes, James F., declines service on House Banking and Currency Com mittee, 98. Chicago Reserve Bank, expands credits in 1920, 288. Clark, Champ, his aid in federal reserve legislation, 131; enjoys the currency bill battle, 143. Consolidationists, attempt to limit regional banks to three, 255; Federal Reserve Board considers elimination o f four regional banks, 257. Crawford, Senate conferee on currency bill, 214. Currency reform, is rendered necessary because of an inelastic currency and a fictitious reserve system, 60; Vreeland-Aldrich Act an emergency measure, 64; federal reserve legisla tion made possible by Wilson’s elec tion, 73; W ilson pleads for scientific solution of the problem, 80; McAdoo roposes to create a central bureau ank in the Treasury, 100; draft of bill presented to committee mem bers, 128; scheme of Congressional opponents of federal reserve bill, 134 et seq.; Democratic caucus ap proves currency bill, 141; Vanderlip presents central-bank scheme, 167; secret sessions of Senate Democratic caucus, 207; modified House bill is passed by the Senate, 212; is sent to conference, 213; House accepts con ference report, 216; Senate conferees accused of “ capitulating to the House,” 216; Senate accepts con ference report, 220. Dallas Reserve Bank, expands credits in 1920, 288. Deflation, is opposed by Federal R e serve Board in 1920, 277 el seq. Delano, F. A., member of Federal Reserve Board committee on pro posed elimination of four regional banks, 257; sends report to Glass, 259. IN D E X Depression o f 1921, causes contraction of credit and currency, 283. Doughton, Robert L., declines service on House Banking and Currency Committee, 98. Eagle, Joe H., member o f House Bank ing and Currency Committee, 97. Economic Club of N ew York City, de bate on Glass currency bill, 168. Farmers & Merchants Bank v. Federal Reserve Bank of Richmond, deter mines status o f par clearance, 305. Federal Reserve Act, its constitution ality upheld, 255. Federal Reserve Board, membership not a political reward, 250; considers elimination of four regional banks, 257; advises against deflation in 1920, 277 et seq.; publishes notes o f M ay, 1920, conference, 285; Division of Foreign Exchange provides informa tion for war-time exchange opera tions, 295; gold export committee controls specie movement, 296. Federal reserve system, question of its authorship relatively unimportant, 2; the most effective scheme o f na tional reserve banking ever devised, 2; its importance in the World War, 2, 291 et seq.; is credited to Wilson, 59; provides elastic currency, 62; establishes regional reserve banks, 62; enactment made possible by Wilson’s election, 73; President-elect Wilson suggests establishment of a central federal reserve board, 82; provisions for open market transactions by regional banks and for establishment of par collections approved by Presi dent-elect Wilson, 90; Wilson decides against bank representation on Federal Reserve Board, 113; Wilson proposes Federal Advisory Council of bankers, 116; bond-conversion provision restored to bill, 117; bank ers’ reserve concession is dropped, 121; combines government issue and bank issue, 125; Democratic caucus approves currency bill, 141; redemp tion feature explained, 145; freely debated in the House, 150 et seq.; its passage, 155; Root attacks “ fiat money” and “ inflationary facilities” of currency bill, 198; bill is con demned by many bankers and busi ness men, 237; is founded upon banking experience and study of readjustment methods, 239; is based on organization and practices of clearing houses, 240; is denounced by Senator Aldrich, 242 el seq.; Repub lican origin and advocacy of its principles questioned, 252; not im paired by administrative mistakes, 255; proposal to eliminate four regional banks is dropped, 269; improvident inflation of regional bank credits in 1920, 289; integrates the Government’s transactions with country’s credit system, 292; renders unnecessary large shipments of specie, 292, 298; maintains stabiliza tion o f foreign countries and transfers gold to their credit, 295; prevents inflation in 1920, 297; clears checks at par, 299; prevents inflation by withholding foreign gold from circu lation, 306; improves credit analysis and commercial paper, 308; assists farmers, 309; helps in post-war restoration of foreign currencies, 310; facilitates foreign business, 311; United States Chamber of Com merce’s summary o f its benefits to business, 313. Fess, Simeon D., offers federal reserve bill amendment defending gold stan dard, 153. “ Fiatism, ” not an element o f federal reserve notes, 201. “ Float,” its abolition aimed at by federal reserve system, 301. Forgan, James B., rejects proposal to create a central bureau bank in the Treasury, 102; apologizes to Glass for speech, 180. Fowler bank bill, its zone system is similar to that of Federal Reserve Act, 240. France, maintains stabilization by federal reserve aid, 295. Gage, Secretary, condemns VreelandAldrich Act, 65. Gallinger, Senator Jacob H., endorses Root’s attack on Glass currency bill, 198. Germany, receives assistance from Federal Reserve Board, 311. Glass, Carter, his letter to David Law rence on House’s contributions to federal reserve legislation, 6; criti cizes Vreeland-Aldrich Act, 64; dis cusses federal reserve legislation with President-elect Wilson, 81, 90; letter to President-elect Wilson reporting progress of subcommittee, 87; appeals to A. Barton Hepburn for review of proposal to create a central bureau bank in the Treasury, 102; com mends E. D. Hulbert for statement of economic and political aspects of proposal to create a central bureau bank in the Treasury, 109; favours minority representation of banks on Federal Reserve Board, 112. 113; is exasperated at Wexler’s refusal to support federal reserve bill, 120; ar gues against government issue, 124; reads Bryan’s letter in support of federal reserve bill, 138; flays oppos ing scheme, 140; explains redemption INDEX feature of federal reserve bill, 145; his appreciation of Bryan’s aid, 161; debates on currency bill, 168; letter accepting James B. Forgan’s apology, 181; questions Federal R e serve Board’s power to reduce num ber of regional banks, 260-269. Gold settlement fund, renders unnec essary large shipments of specie and accumulation of funds, 293, 298. Gold standard, is defended by Fess amendment to federal reserve bill, 153. . . . Great Britain, maintains stabilization by federal reserve aid, 295; borrows silver for Indian trade, 296; return to gold standard rendered possible by federal reserve credits, 310. Gregory, Thomas W ., advises Federal Reserve Board against proposed elimination o f four regional banks, 269. Harding, William P . G., member of Federal Reserve Board committee on proposed elimination o f four regional banks, 257; advises against drastic deflation, 278. Hayes, Everis A., suggests savings department provision in federal reserve bill, 149; urges that currency bill be sent to conference, 213; House conferee, 213. ,, , , , Henry, Robert L „ is opposed to federal reserve bill, 131, 133, 140; assails Wilson’s advocacy o f federal reserve bill, 137. , Hepburn, A. Barton, objects to pro posal to create a central bureau bank in the Treasury, 102; debates on Glass currency bill, 178. Hitchcock, Senator Gilbert M ., ques tions Dr. Willis on development of Glass currency bill, 188; leads Senate fight against Glass currency bill, 207; his eleven amendments, 208. Hitchcock currency bill, is supported by Republican Senators, 197. Hollis, Henry F., Senate conferee on Currency bill, 214. House, Colonel E. M „ his Diary does not claim his paternity of Federal Reserve Act, 19; favours central bank scheme, 30, 31, 46; his participation in preparation of Federal Reserve A ct denied, 50 et seq.; hears explana tion of Glass currency bill, 52; rec ommends to Wilson proposal! to create a central bureau bank in the Treasury, 106; fails to secure Senator Reed’s support of Glass currency bill, 196- see also Intimate Papers of Colo nel House. Houston, David F., his proclamation on increase of commercial loans in 1920, 289 Hulbert, E. D., rejects proposal to 421 create a central bureau bank in the Treasury, 102. Indianapolis Monetary Commission of 1898, resemblance of its bank scheme to Federal Reserve Act, 240. Inflation, is prevented by federal reserve system in 1920, 297; is prevented by withholding foreign gold from circula tion, 306. Intimate Papers of Colonel House, House’s conversation with David Lawrence and William W. Price denied, 5 et seq.; theory of P h ilip D ru as inspiration of federal reserve legislation refuted, 16 el seq.; House’s activity in currency legislation de nied, 20 et seq.; House’s conferences with bankers experienced in legisla tion questioned, 26 el seq.; omission of portion of letter favouring central bank scheme explained, 30 et seq.; in accuracies o f Diary statement of bank reform measure to be submitted to Glass, 43; agreement o f House and Glass on banking reform denied, 45 el seq.; omits letter to Wilson at tempting to wreck federal reserve bill, 107; Republican origin and advocacy of federal reserve principles questioned, 252-254. Italy, maintains stabilization by federal reserve aid, 295. Johnson, Joseph French, debates on Glass currency bill, 168; congratu lates Glass on his debate with Vanderlip, 175. Kansas C ity Reserve Bank, expands credits in 1920, 288. Korbly, Charles A., member o f House Banking and Currency Committee, 97; defends federal reserve bill, 140; House conferee on currency bill, 213. La Follette, Senator Robert M., pro poses amendment forbidding Federal Reserve officer to hold other banking position, 203. Laughlin, J. Lawrence, congratulates Glass on passage of currency bill, 159. Lawrence, David, has no first-hand information on House’s contributions to federal reserve legislation, 9. Liberty loans, demonstrate efficiency of federal reserve system, 291. Lodge, Senator Henry C., opposes currency bill as putting the govern ment in the banking business, 221; praises Federal Reserve Act, 224. McAdoo, Secretary William G., refers all federal reserve inquiries to Glass, 95; advises revision of currency bill, 99; his proposal to create a central bureau bank in the Treasury, 100; 422 INDEX his aid in federal reserve legislation, 110, 131; congratulates Glass on passage o f currency bill, 156; con gratulates Glass on federal reserve enactment, 234. McGleary, James T ., congratulates Glass on his debate with Vanderlip, 175. Minneapolis Reserve Bank, expands credits in 1920, 289. Money Trust investigation, is headed by Congressman Pujo and Samuel Untermeyer, 68. Muhlemann central reserve bank plan, its resemblance to Federal Reserve Act, 240. National Association o f Credit Men, assist in federal reserve legislation, 237. Neely, George A., member o f House Banking and Currency Committee, 97. Nelson, Knute, Senate conferee on currency bill, 214. N ew York Sun, account o f Wilson’s signing federal reserve bill, 227. N ew York World, criticizes central-bank Democratic members of Senate Banking and Currency Committee, 192. O ’Gorman, James A., Senate conferee on currency bill, 214. Owen, Senator Robert L., first chairman of Senate Committee on Banking and Currency, 24; denies House’s assist ance in federal reserve legislation, 25; receives copy of the federal reserve bill, 96; favours proposal to create a central bureau bank in the Treas ury, 101; is opposed to bank repre sentation on Federal Reserve Board, 112; debates on currency bill, 168, 176; answers R oot’s attack on Glass currency bill, 201; Senate conferee on currency bill, 214. Paish, Sir George, is worsted in argu ment with Paul M . Warburg, 210. Par clearance system, is blocked by legislation in some states, 301, 302; four benefits to business man, 303; is mandatory on federal reserve banks, 304. Pascagonla National Bank v. Federal Reserve Bank of Atlanta, determines status of par clearance, 305. Patten, Thomas G., member o f House Banking and Currency Committee, 97. Phelan, Michael F., member o f House Banking and Currency Committee, 97; defends federal reserve bill, 140. Ph ilip Dru, Seymour’s theory o f its inspiration of federal reserve legisla tion refuted, 16 et seq. Poland, receives assistance from federal reserve system, 310. Pomerene, Atlee, Senate conferee on currency bill, 214. Price, William W., denies House’s influence in federal reserve legisla tion, 10. Pujo, Ars&ne P., investigates Money Trust, 68. Ragsdale, J. Willard, member of House Banking and Currency Committee, 98. Reed, Senator James, is won to support of Glass currency bill, 196; answers Root’s attack, 201; Senate conferee on currency bill, 214; defends cur rency bill as reported, 220. Reynolds, Arthur, debates on Glass currency bill, 178. Reynolds, George M., becomes a sup porter of the regional bank scheme, 86; his letter on opponents of the Glass currency bill, 99; is opposed to proposal to create a central bureau bank in the Treasury, 103. Richmond Reserve Bank, expands credits in 1920, 287. Root, Senator Elihu, attacks “ fiat money” and “ inflationary facilities” of Glass currency bill, 198. St. Louis Reserve Bank, expands credits in 1920, 288. San Francisco Reserve Bank, expands credits in 1920, 288. Seldomridge, H. H., member o f House Banking and Currency Committee, 97. Seymour, Professor Charles, his In ti mate Papers of Colonel House reads like a romance, 1, 4, 13, 20, 27, 56; see also Intimate Papers o f Colonel House. Shafroth, John F., Senate conferee on currency bill, 214. Silver issue, Bryan opposes its revival, 146. Speyer, James, congratulates Glass on his debate with Vanderlip, 174. _ Stockton, Philip, does not anticipate immediate Senate action on currency bill, 163. Stone, Claudius U., member o f House Banking and Currency Committee, 97. Swanson, Senator Claude A., aids pas sage o f federal reserve bill in the Senate, 55. Stephens, Hubert D., declines service on House Banking and Currency Committee, 98. The New Freedom, description o f the credit trust, 76. INDEX Thomas, Senator Charles S., accuses Senate conferees of “ capitulating to the House,” 219. Underwood, Oscar, his aid in federal reserve legislation, 131, 140; leads Democratic insurgents against federal reserve bill, 152; urges that currency bill be sent to conference, 213. United States Chamber of Commerce, summary of benefits of federal reserve system to business 313. Untermeyer, Samuel, counsel for Money Trust investigation, 68; his advocacy o f currency scheme is forwarded to Glass, 104; favours immediate currency relief, 140. Vanderlip, Frank A., presents central bank scheme to Senate Banking and Currency Committee, 167; debates on Glass currency bill, 168. Vreeland-Aldrich Act, is criticized by Glass, 64; is condemned by Secretary Gage, 65; is twice amended, 66; its passage through the House, 150. Wade, Festus J., congratulates Glass on passage of currency bill, 158. Warburg, Paul M ., his opposition to certain provisions o f the federal reserve bill, 49, 54; suggests currency bill amendments to the Senate com mittee, 210; not the author o f the Federal Reserve Act, 211; member of Federal Reserve Board committee on proposed elimination of four regional banks, 257. Watterson, Henry, reproves committee chairman for humiliating Congress men hostile to federal reserve bill, 23. Weaver, Claude, member o f House Banking and Currency Committee, 98. Weeks, John W., congratulates Glass on assageof currency bill, 157; presents odge’s letter opposing currency bill, 221. Wexler, Sol, his letter refusing to sup port federal reserve bill, 118. Williams, John Sharpe, answers Root’s attack on Glass currency bill, 201. Williams, John Skelton, praises Federal Reserve Board for facilitating gradual decline in commodity values, 287. Willis, H. Parker, denies House’ s participation in preparation of Fed eral Reserve Act, 50; expert adviser to Congressional subcommittee on currency reform, 69; suggests pro- E 423 vision for open market transactions by regional banks, 90; advises se crecy on federal reserve bill, 94; de scribes Glass’s position on the trans fer of reserves, 122; his contribution to federal reserve legislation, 126; congratulates Glass on passage of currency bill, 158; a witness before Senate Banking and Currency Com mittee, 187 el seq.; denies that federal reserve bill is derived from any other bill, 238. Wilson, Emmett, member of House Banking and Currency Committee, 98. Wilson, Woodrow, his election makes possible federal reserve legislation, 73; his letter on importance of currency revision, 75; describes the credit trust, 76; pleads for scientific solution of the currency problem, 80; suggests establishment of a central federal reserve board, 82; recom mends discovery of extent and nature o f banking opposition to federal re serve plan, 84; his letter on second currency discussion with Glass, 89; approves provisions for open market transactions by regional banks and for establishment of par collections, 90; advises with experienced bankers, 91; sends to Glass proposed Demo cratic membership of House Banking and Currency Committee, 97; for wards to Glass Untermeyer’s advo cacy of currency scheme, 104; confers with Glass on proposal to create a cen tral bureau bank in the Treasury, 108; decides against bank representation on Federal Reserve Board, 113; proposes Federal Advisory Council of bankers, 116; advises Glass not to resign, 132; his statement on cur rency caucus, 141; refuses to see Vanderlip, 166; his statement ap proving the Glass currency bill, 167; wins Senator Reed to Glass cur rency bill, 196; signs federal reserve bill, 226; speech on passage of the bill, 229; congratulates Owen and Glass on federal reserve enactment, 232; threatens to reorganize Federal Reserve Board for usurpation of legislative power, 270; avoids contact with Federal Reserve Board, 272. Wingo, Otis T „ member of House Banking and Currency Committee, 97. World War, its outcome due to the Federal Reserve Act, 2.