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* * ifrr7i FOR RELEASE Monday morning papers June 20th, 1927. W HO IS EN TITLED TO TH E CREDIT FOR TH E FEDERAL RESERVE ACT? AN ANSWER TO SENATOR CARTER GLASS 7 By S amuel U ntermyer FOREWORD During the past Winter, whilst the undersigned was absent from this country on a world tour, the New York Evening Post published a series of articles by Senator Carter Glass of Virginia, who was Chairman of a Sub-Committee of the House of Representatives at the time of the framing of the Federal Reserve Act. These articles have now been embodied by him in a book entitled “ Adventures in Constructive Finance” . The manifest purpose was to picture Senator Glass in the role of the sole author of that historic piece of legislation and all others as at best assistants or supernumeries. In order to accomplish that purpose and to emphasize his im portance in the results achieved, Senator Glass saw fit not only to bitterly assail the integrity of Colonel House and to belittle and grossly misrepresent the work of the undersigned, but to minimize the im portant part played by Mr. McAdoo, to ignore the influence of Colonel Bryan and above all to take from Senator Robert L. Owen of Okla homa the credit to which he more than any other man is entitled of being in effect the true author and draftsman of the present Bill, and by far the chief and overshadowing figure of all of us who had the good fortune to be identified with that historic accomplishment. The accompanying letters between the undersigned and Senator Owen (who was Chairman of the U. S. Senate Committee on Cur rency and Finance when the Federal Reserve Act was under consid eration and passed), and the attached exhibits, are largely selfexplanatory. It is believed that they fully establish: (1 ) That the Federal Reserve Act is the direct outcome of the disclosures of the dangerous concentration of the control of money and credits by the Pujo Investigating Committee of the House of Representatives of the 1912-13 Congress, for which the undersigned had the honor of acting as Counsel and investigator, and that proved the existence of a vast Money Trust which it was the design of the Federal Reserve Act to destroy. (2 ) That Senator Glass is not the chief author of the Federal Reserve Act, nor is he justly entitled to the main credit for its enactment, but that on the contrary that credit belongs to Senator Owen who had deeply studied the subject and equipped himself for the difficult task over a long period of years. (3 ) That the references of Senator Glass to the part of the undersigned in the preparation of the so-called Treasury Bureau Bill or in the efforts to have it substituted for the Federal Reserve Act are fiction pure and simple from beginning to end; that the undersigned (a) at no time knew or heard of any such Bill until the appearance of Senator Glass’ interesting work of imagination; (b ) that the entire record of the undersigned and his writings and speeches on currency legislation are diametrically opposed to every principle o f this Treasury Bureau Bill and were at all times in support of the plan and principles of the Federal Reserve Act, which was in line with all that he ardently and openly supported at every stage; (c ) that he actively collaborated with Senator Owen in the Federal Reserve Act in substantially the form as passed and had consistently opposed everything for which the Treasury Bureau Bill stood, the authorship and championship of which are baselessly sought to be attributed to him by Senator Glass. (4 ) That Senator Glass’ fable of a scheme on the part of Colonel House and Mr. M cAdoo or anyone else to have the under signed slipped into the White House at night to argue with the President in favor o f the Treasury Bureau Bill should not have imposed upon the credulity of a new-born babe and should cer tainly not have been swallowed by Senator Glass as the under signed had access to the White House whenever he so chose. (5 ) That it was upon the urgent insistence of the undersigned that Colonel William Jennings Bryan went to the President and demanded that the fundmental policies that were finally retained in the Federal Reserve Act, after a struggle to the death with the powerful banking interests for (1 ) Regional Banks as against a Central Bank; (2 ) Government money as against Bank money; and (3 ) Government control of the system as against banking con trol, be so retained. (6 ) That Mr. McAdoo, so far from having advocated this socalled Treasury Bureau Bill does not appear ever to have seen or heard of it— that at least is what he has told Senator Owen; and that Mr. Tumulty has no record or recollection of any such incident as that referred to by Senator Glass. (7 ) That in his credulity and carelessness in accepting rumor and hearsay, Senator Glass was manifestly imposed upon as was the President, in attributing to the undersigned either the paternity, championship or knowledge o f this Treasury Bureau Bill which he had never seen or heard of, but that when confronted with the facts Senator Glass has lacked the courage to confess and correct his error. And so he has now, after due warning, deliberately chosen to put forth over his name a work of fiction in the guise of an historical survey of a great event in the history of our country. That attitude seems quite consistent with the other parts of his book in which he by indirection and implication undertakes to filch from Senator Owen and others and to take unto himself credit for accom plishments to which he is not entitled and which history will not accord him. He had an honorable and creditable part in the legislation within the limitations of his powers, but by reason of want of familiarity with the many details connected with the complicated subject of cur rency reform and his consequent necessity for reliance upon others, he had a decidedly subsidiary part and if left to his own devices would 2 unintentionally have wrecked this Great Adventure in constructive legislation. Whether or not it was the revelations by the Pujo Committee of the stranglehold of the great banks and financiers (which had stirred the nation to its very depths, as had no other disclosures in a generation) that made possible the Federal Reserve Act against the wild protests and warnings of financial disaster by the leading bankers of the country, must be left to others to say. There can however be no doubt that next to President Wilson, Senator Owen primarily and then Mr. McAdoo are mainly responsible for the structure of the Federal Reserve Act. President Wilson deserves the everlasting gratitude of the Country for the resolute manner in which he put all the power of his Admin istration behind the Currency Reform and for his wise decisions, first in supporting Senator Owen in giving the Government control of the System through a Reserve Board consisting exclusively of Govern ment officials; second, in having the money furnished the Reserve Banks consist of United States Treasury Notes, secured by Commercial bills with gold redemption. S amuel U ntermyer. G reystone, Y onkers, N. Y. June 18t h , 1927. 3 May 10, 192 7. Hon. Robert L. Owen, Washington Investment Building, Washington, D. C. My dear Senator: On my return within the past few weeks from a tour of the world my attention is called to a book by Senator Carter Glass entitled “ Adventures in Constructive Finance” , published by Doubleday, Page & Co., which I have read with amazement. Not only with respect to the offensive and untruthful statements concerning me but as well to those concerning you and your connection with the Fed eral Reserve Act. When the first or second of these articles was published during my absence (I was in Japan at the time), my son was so incensed at their tone that he sent me a cable reading as follows: “ In serial article in today’s Evening Post Carter Glass asserts you sponsored currency plan which he derisively refers to as Central-Bank-greenback scheme in opposition to Federal Reserve Act Intimates that Wilson was urged permit you be slipped into White House by House and McAdoo to advocate scheme.” Having always held Senator Glass in high esteem and knowing that these statements concerning me were all pure fiction from beginning to end I was at a loss to understand upon what justi fication he wrote and published these articles. I cabled my son, in reply, as follows: “ Glass is either dreaming or senile— probably the latter. The story published by him in January 18th and 19th issues of the New York Evening Post is utterly ridiculous as Senator Owen, McAdoo and others, as well as my own public utterances at the time, will prove. In this connection I particularly call attention to the article written by me that appeared in the October, 1913, issue of the North American Review, entitled “ W h y the P ending B ill S hould Pass.” A mere reading of that article, in which I ardently advocated the enactment of the Federal Reserve Act as against the Central Bank idea contemplated by the Aldrich Bill and insisted upon by the bankers, will prove conclusively to any one who will take the trouble to read it the absurdity of the claims that are now being advanced by Senator Glass. The Federal Reserve Act was the direct outcome of the Pujo investigation which exposed the then existing dangerous money concentration. Its purpose was decentralization through regional banks utilizing Gov ernment money and under Government control as against the de mands of the bankers for a central bank with banking money and under banking control. The bankers, with their usual vision, pre dicted disaster if our Bill passed. Within two years they were hailing it as the country’s deliverance. On learning of Glass’s 4 first proposed measure providing for banking money and banking control I immediately visited Wilson with Bryan who announced to Wilson his determination to defeat Glass’s first scheme. As a result it never saw the light of day. Senator Owen knows the facts and I believe has a copy of Glass’s first draft. Glass’s story about House and me is pure fiction. I never saw House in any way in connection with the subject. At that time Glass knew nothing about Banking. Willis Parker drew his bill. Senator Owen and M cAdoo deserve the chief credit for the legislation,” which I now confirm. It appears that when this cable was published, Senator Glass gave out for publication an interview reading as follows: “ Those who have followed my narrative of Federal Reserve leg islation being printed in the New York Evening Post will know that I have in my possession indubitable documentary proof of my statement concerning the proposal of Colonel House to slip Mr. Untermyer in the White House for a secret interview with Presi dent Wilson in behalf of a substitute currency plan. It is in the nature of a letter form Colonel House to Mr. Wilson, dated May 20, 1913, embodying textually that exact proposition. As for Mr. Untermyer’s rash assertion that ‘Glass’s story about House and me is pure fiction’ , and his statement that he ‘never saw House in any way in connection with the subject’, when he gets back from Japan he will find that I have been engaged in stripping and not inventing fiction; and if he shall still think he ‘never saw House’ or talked with him on the currency question, the two may jointly debate the issue of veracity thus projected, with Professor Charles Seymour acting as judge of the discussion. The decision will not in the remotest degree affect the absolute verity of my Federal Reserve narrative. Finally, it may develop that when Mr. Untermyer returns to America he will curse his luck in having been provoked into spend ing a good round sum in cable tolls to revive the fact that he wrote an article in The North American Review for October, 1913, in favor of the Federal Reserve bill, whereas in my narrative in the Evening Post I had already credited him with having written me a vigorous letter to the same effect as early as August, 1913. Neither incident alters the fact that in May, 1913, Colonel House was trying to have Mr. Untermyer secretly slipped into the White House to advocate a different scheme. Before Mr. Untermyer does any more cabling he would better have a talk with Colonel House, or at least find out what it is all about. Allow me to say, in conclusion, that I do not relish this turning aside to knock down chips while my Federal Reserve narrative is in process of being printed. When publication of it is ended, if anybody wants to assail its historical accuracy, I shall cheerfully meet any point of controversy.” It is my intention, at the earliest possible date, to “ set the record straight” , and to that end I ask in common fairness both to yourself 5 and me that you will be good enough to furnish me with a statement of your connection with the Federal Reserve Act and of mine— so far as you personally knew of it. I am familiar with your great record of public service in the d o main of Currency Reform, both before and after you entered the United States Senate. I happen also, as you know, to be very familiar with the herculean task you performed in the framing of the present Federal Reserve Act, as a result of your years of study and months of negotiation, and other work connected with the present law, for I was with you during many of those phases. It is important that this matter, from the view-point of history, shall be set straight and that the men who strove incessantly and suc cessfully to place that great piece of legislation on the statute books should get the credit that is their due. Reading Senator Glass s book one would imagine that he was the architect of that epoch-making piece of legislation— which would be far from the fact. The tenacity with which he seeks to magnify his altogether creditable part in that great work by belittling the share of others like yourself and Mr. M cAdoo is most surprising and disappointing. Still, if at the time of sending my cable from Japan I had been advised of the full text of his articles I would not have been so offensively outspoken in my comments although there is not a grain of truth in his references to me. At no time did I prepare, see or even hear of any such proposed Bill as that to which he refers. Not until I read his book was I aware of any such suggestion. It was diametrically opposed in principle to everything for which I con sistently stood and fought. I am now disposed to believe that both President Wilson and Senator Glass were cruelly imposed upon by someone who thought that by connecting my name with this proposed legislation he could, by reason of my known progressive views and my connection with the Pujo Investigation, then just concluded, effectually divert sus picion from the real authors and advocates of the Bill. That is the only possible explanation that occurs to me. Please let me hear from you. With kind regards, Sincerely yours, SAMUEL UNTERMYER. SU-R 6 M ay 14, 1927. S amuel U ntermyer, E squire, 120 Broadway, New York City. My dear M r. U ntermyer : Your letter of May 10th referring to the statements published in a book by Senator Carter Glass, entitled, “ An Adventure in Construc tive Finance” , is received. I note the cable sent you by your son, and your cabled reply. I am utterly at a loss to understand how Mr. Glass could have been so misled, unless perhaps, he overlooked the fact, that after demolishing Col. House as a witness against himself, with my help, he could not, in common fairness, use the annihilated Colonel as a witness to discredit me or you either. You express your desire of setting the record straight, and in an swer to your request that I furnish you with a statement of my con nection with the Federal Reserve Act and of your association with the matter as far as I personally knew of it, I gladly comply. I have just read the chapter in Mr. Glass’ book, Chapter 6, entitled “ A Threatening Flank Movement— An Intrigue to Wreck the Measure — President Wilson Puts an End to it” , in which Colonel House ap pears to have sent and supported a bill to create a Bureau Bank in the United States Treasury with all the elements of a central bank involving a tremendous issue of Treasury notes to supersede outstanding green backs and gold certificates, and seeming to contemplate a seizure of the gold in trust behind the certificate. George M. Reynolds, o f Chicago, is quoted as referring to this measure as a bill sponsored by the people in the Treasury Department, with a basis of “ fiat” money. Mr. Glass describes Colonel House as tiptoeing on the scene as an advocate of this “ central-bank-greenback scheme” , and pressing the President for a personal interview for you, in order that this scheme might be presented “ in all its alluring aspects” , “ and the Federal Reserve Bill ditched” , etc. He states that Mr. M cAdoo insisted on this Treas ury Bureau plan and said it had the endorsement of eminent bankers and urged its substitution for a bill Mr. Glass favored. Mr. Glass recites that Mr. M cAdoo told him that I thoroughly approved this so-called Treasury Bill. Mr. Glass says he could readily believe this because of expressions akin to it which he had heard me use. I never heard of the bill as far as I know. M y files show no record o f it. M y then secretary, Mr. James W . Beller, advises m^ that he never heard of it. The proposal of a central bank and fiat money flatly contradict everything that I have believed in. I was always consistently opposed to a central bank and to fiat money. In reading this chapter, I think the impression would be left on the mind of the ordinary reader that you, Mr. M cA doo, Colonel House and myself were then engaged in an intrigue to ditch the Bill Mr. Glass favored; that the President did not seem especially impressed, but conceivably had given tacit permission for the ex perimental attempt at the rival plan. 7 Mr. Glass narrates that on his protest against the House bill the President gave his decision against it, and Mr. M cA doo graciously acquiesced. The imputation that I ever at any time favored a central bank, or that I ever at any time favored fiat money or greenbacks or unsecured bank notes for money has no foundation whatever, and from what I knew of your views, it is inconceivable to me that you could have done so. M y own connection with the banking acts of the United States began in 1890 when I sought and obtained an amendment to the National Bank A ct extending its provisions to the Indian terri tory. I thereupon organized the first national bank in Indian ter ritory, the largest bank in then Eastern Oklahoma. I was president of it ten years, have been a director of it for thirty-seven years, have directed its policies; conducting its policies successfully through several panics. It has never failed to pay its dividends with perfect regularity, and is a model now. I had had practical banking experience for over twenty years before entering the1 Senate. I studied the principles of banking with the direct object of mastering them. I demanded a plank in the Democratic platform at Chicago in 1896 for emergency currency, and was assisted by Honorable Charles S. Thomas of Colorado, William J. Bryan and Allan Thurman. In 1898 I went to Europe and visited the Governor of the Bank of England, the Governor and Directors of the Bank of France, and the officials of the Reichbank of Berlin, and studied their methods for stabilizing credit and preventing panics. In 1899 I wrote a series of articles explaining how these principles worked out by these European banks could be applied to the National Bank system in the United States. Some of these articles, published in 1899, can be seen in the Con gressional Record of February 25th, 1908 (p. 2453) advocating an elastic currency adequately secured by collateral. On February 6th, 1900, (Cong. Rec. 1534) Hon. Jas. K. Jones, then Democratic leader of the U. S. Senate, offered an amendment to the Aldrich bill proposing an emergency currency, adequately secured, with automatic contraction provisions to prevent inflation. These notes were U. S. Treasury notes. I drew the amendment. On February 25, 1908, (Cong. Rec. 2429) within about two months after my admission to the United States Senate, I put into the Record a letter of Hon. Jas. K. Jones, acknowledging my authorship of this amendment, a copy of the amendment itself, and the article written in 1899 above referred to. On this day in a three hour speech (Cong. Rec. 2427), I discussed the Aldrich bill for currency associations then pending and made many constructive suggestions. For example, 1st: That the volume of such emergency elastic currency should not be limited except by the actual requirements of our commerce, (p. 2435) This was accomplished by the Federal Reserve Act. 8 2nd: That this currency should not be National Bank notes but United States Treasury notes based upon collateral security and the credit of the banks, and supported by the taxing power of the people of the United States. This was accomplished by the Federal Reserve Act. 3rd: The retirement of the bond secured National Bank notes and the issuance in lieu thereof Treasury notes above referred to payable in gold (p. 2436). This plan was written into the Federal Reserve Act. 4th: The issuance of Treasury notes (p. 2436) as such elastic cur rency using gold as cover o f the new currency together with the other securities. This has been accomplished in the Federal Reserve Act. 5th: The Readjustment of Cash Reserves (p. 2444) so that they would be real reserves and actually available. This was done in the Federal Reserve Act. 6th: I stated at that time the fundamental principles which should govern the Statutes on Banking and that the objects of vital importance to be attained w ere: “ The prevention of panic, the protection of our commerce, the stability of business conditions, and the maintenance in active operation of the productive energies of the Nation.” 7th: I pointed out that the vital defect of the Vreeland Aldrich Bill was in putting the currency system in the control of the banks and making the currency difficult of access and expensive. These errors were all corrected in the Federal Reserve Act. The Vreeland Aldrich Act, upon my demand made on the floor of the U. S. Senate, March 25th, 1908, p. 3874, and accepted by Sen ator Aldrich provided for the National Monetary Commission. The Commission sat for four years, collected a library of 2500 volumes, made a report of 33 volumes, and brought in a bill in 1912 proposing to repeat many of the errors I had pointed out, such as Bank control, bank notes for currency, a central bank, etc. and to which I was un alterably opposed. The objections I had pointed out February 25th, 1908 (pp. 2433 and 2435) on the issuance of currency, that the limitations of Sections 1 and 3 and 5 o f the Vreeland Aldrich Act were unwise, proved to be very real indeed, and on Friday, July 31, 1914, when the European War broke out, I drew and offered an amendment suspending limita tions imposed. On Wednesday, August 4th, both Houses had agreed on the bill and in the meantime over $300,000,000 of Emergency Cur rency was shipped to New York and a dangerous war panic prevented by the suspension of the limitations of Sections 1, 3 and 5 against which I had protested February 25th, 1908. In this action Mr. Glass and Mr. M cAdoo cooperated and Frank A. Vanderlip and Charles C. Glover were very active advocates. When the National Monetary Commission drew up its bill in 1912 to establish a central bank under bank control with bank notes for money, a propaganda was put on to secure public approval. The Demo crats resisted this plan and opposed the so-called “ Money Trust” . The House of Representatives under Resolutions 405, 429 and 504 authorized an investigation (Sixty-second Cong., 2nd Sess.) to 9 ascertain the facts to enable the Congress to determine what legisla tion was needed. On May 16th, 1912, the sub-committee of which Mr. Pujo, of Louisiana, then Chairman of the Committee on Banking and Currency, was chairman, met to consider the subject of the “ money trust” . You conducted this inquiry, and in my judgment you were the best qualified man in America to do it. The hearings continued to February 26, 1913. The Record makes 2226 pages and your report on the “ Money Trust” made a profound impression on Congress and on the country. It did you great credit and contributed in the most important way to crystalize public opinion in support of the Wilson Administration in passing the Federal Reserve A c t I certainly felt grateful to you for this valuable and patriotic service, and for that reason, knowing your progressive and liberal views, I sought your advice frequently in working on the Currency Bill. You were certainly generous in the extreme. At your home you made various engagements for me to meet severally Frank A. Vanderlip, A. Barton Hepburn, Paul Warburg and others whose intimate views I desired in framing the Federal Reserve Act. When the Democratic Senate met in March 1913, I took part in organizing the more progressive Democrats in order to select a more sympathetic chairman of the Democratic Conference and thus control the Committee on Committees, of which I became a member. The Committee on Committees on my request divided the Finance Committee and gave its jurisdiction on Banking and Currency to a new Committee called “ The Committee on Banking and Currency” . My associates selected me as its chairman on the sole ground of qualifica tions, already established on the floor of the Senate, and in spite of my representing a new state of comparatively small population and wealth. I had entered the Senate with this end in view and in the hope I might be o f real service to my country in improving the Banking Laws whose deficiencies as a practical banker I had had many concrete reasons to keenly appreciate. Immediately, and to the exclusion of everything else, I devoted myself to this Bill and gave it my entire time until it was signed Decem ber 23, 1913. I framed a Bill in March and April and had a Committee print made o f it the 27th of May, 1913 (copy enclosed) providing in Sec tion 2 for eight reserve banks, with corporate powers, capital to be provided by national banks as member banks, with six directors rep resenting the member banks and three directors appointed by the President on the suggestion of a Governing Board. The banks were distributed from Boston to San Francisco and from Chicago to New Orleans. Section 6 provided for a Board of Governors o f seven persons, including the Secretary of the Treasury and Comptroller of the Cur rency but all o f them government officials, with general supervisory power over the Reserve System. Section 13 provided for a note circulation consisting of U. S. Treasury notes issued to the Reserve Bank, redeemable on demand in gold and secured by a first lien “ upon all the assets” of the Reserve 10 Bank and further protected by “ Prime commercial paper as collateral security” for the return of such notes to the U. S. Treasury. “ Prime commercial paper” was defined in Article 1 as “ a commercial bill, pay able within four months, signed by at least two persons, either of whom shall be good for such bill and one of whom shall be a member bank, such commercial bill to be based upon an actual commercial transaction and not to be based upon a permanent investment.” These principles of sections 2, 6 and 13 for regional banks, a government controlled Board and Treasury notes secured by collateral became the law. When this draft was written I was chairman of the U. S. Senate Committee on Banking and Currency and had the Committee prints made about May first, 1913, for the use of the Committee members and to submit to various citizens qualified to make useful suggestions. I had no reason to change my views on these fundamental principles and did not do so. About June first, 1913, W . Parker Willis, of New York, brought to my residence at Leroy Place, in Washington, D. C., the draft made by him under the direction o f Mr. Carter Glass, then, or about to be made, chairman o f the Banking and Currency Committee of the House of Representatives. Mr. Glass did not become Chairman o f the Banking Committee until June 3, 1913, seven days after the Government Printing Office had printed my bill. I was advised that this bill had been submitted to President Wilson and Secretary McAdoo and that it met their general approval in principle. When I examined the Willis draft I was disturbed to find that while the bill provided for twenty reserve cities and twenty reserve banks it put them all under one controlling directory of forty-three members, forty of whom were to be elected by the Directors of the twenty Federal Reserve Banks and only three ex-officio members rep resenting the United States, thus putting the effective control of the Credit System in the hands o f a central banking board o f private persons. (Section 10). An Executive Board was proposed to consist of nine members, three practical bankers, three named for long terms by the President and three ex-officio members, the Secretary of the Treasury, the Comp troller of the Currency and the Secretary of Agriculture. The Executive Committee to be under the by-laws and subject to two-third vote of the full board. (Section 11). I did not regard this plan as a compliance with the Democratic National Platform which had declared against “ the establishment of a central bank” and I insisted on the plan I had drawn of a Board consisting exclusively of government officials. Being unable to induce Mr. Glass to concur with my views, we submitted the matter to Mr. Wilson at the White House in June 1913. W e had a conference of about two hours in the Cabinet Room and Mr. Wilson decided to support my views. The bankers violently protested and Mr. Glass gives an account of their protest in his book “ An Adventure in Constructive Finance” , in Chapter 7, entitled “ The Bankers Excluded” . The Willis draft, also Section 23, provided that the Federal Re serve notes should be bank notes instead of Treasury notes and pro 11 posed “ Said notes shall be in all respects similar to existing National Bank notes except that they shall not bear any legend or superscription indicating that they are secured by United States or other bonds” , and these notes were to be printed and delivered to any National Reserve Bank in an amount not to exceed “ a sum equal in the aggregate to double the face value of the capital stock of such bank.” This provision was not acceptable to me because: 1st: Making the money of the country mere bank notes did not make it sufficiently secure. 2nd: It gave the National banks control of the money of the country. 3rd: It expanded their power over the Credit System. 4th: It put an unnecessary restriction on the issue. 5th: They were not secured by commercial bills or collateral. 6th: It was contrary to democratic doctrine and the Party Plat forms. The platform of 1908, for example, declared that the “ Currency should be issued and controlled by the federal government and loaned on adequate security to National and State banks.” My own draft had followed the National Platform and what I conceived to be the better policy. You will recall how tenaciously I defended this position in a six hour conference with Paul Warburg at Greystone in your presence where he took the opposing positions. I immediately called on Wm. J. Bryan at Calumet Place and ob tained his cooperation to correct this grave error on the currency of the Willis draft. He assisted me and Joseph P. Tumulty, then Secretary to the President, cooperated and my views prevailed. These fundamentals being reconciled, Mr. Glass and myself on June 26th, 1913, introduced identical bills as a basis for discussion in Congress. On September 17, 1913, the House passed the bill. On Tuesday, September 2nd, 1913, as chairman, I called the Bank ing and Currency Committee o f the Senate to begin hearings on the Senate Bill, concluding the hearings on October 27, 1913, taking testi mony of 3100 pages. I presided at these hearings. On October 25th, 1913, the hearings before the Senate Committee which consisted of 7 Democrats and 5 Republicans, closed and were followed by various executive sessions which demonstrated that it was impossible to obtain a committee report in the usual manner, because Mr. Hitchcock of Nebraska, joined the Republicans against his Demo cratic colleagues, dividing the Committee in 6 and 6. I then endeavored to get the six Democratic members together but was only able to obtain the sympathetic cooperation of three of them, two of them not fully approving my views. These three authorized me however, to frame the bill, which I did, with constant collaboration with them. When we had finished this task,’ the other two Democratic members consented to join the four members referred to and I made various concessions in order to get a bill which we could present to the Democratic conference, reserving the right, however, to bring up in conference any point upon which we had dis agreed. Thereupon, the Democratic members of the Senate, excepting 12 Senator Hitchcock, met daily and for three weeks I defended the bill in conferences frequently extending all day. The result was a bill with which I was completely satisfied, and which was acceptable to the Demo cratic conference and was put through the Senate of the United States as a Democratic Party measure. The original bill upon which Mr. Glass and myself tentatively agreed and introduced June 26th, passed the House with some modifi cations, but the changes in the Senate were so numerous when we had finished this work, that I moved to strike out the House bill and sub stitute the Senate bill which I had prepared and worked out in the Democratic conference. Senator Hitchcock who took the pains to examine into it, said on November 25th, 1913 (Congressional Record p. 6783) that only 40% of the House bill remained. I think this is quite unimportant as the fundamental principles upon which Senator Glass and myself had agreed on June 26th remained in the bill, except that I recall I insisted on hav ing the United States Treasury retain its independence in making de posits. On December 19, 1913, my substitute for the House bill was agreed to, yeas 54, nays 34. I found it expedient to have nine conferees ap pointed on behalf of the Senate in order that I could control as a party matter the conferees. This I did by having four out of the six Demo crats, in active sympathy with me, and having the conference report treated as a Democratic party measure in which we did not permit the Republican members to divide the Democrats and thus block or change the legislation. This explains why the conference report was signed only by Democrats. On December 20th the House appointed its three conferees. The conference report was agreed to in the House by 298 to 60, and in the Senate at 2:30 P. M. on December 23rd 1913 by 43 yeas and 25 nays. The House conferees struck out two items I thought of special value, one on domestic acceptances which was written into the bill subsequently September 7th, 1916, and one providing for exchange of Reserve notes for gold. This latter provision was subsequently accepted by Congress and proved useful. That same afternoon, December 23rd, the President signed the bill and presented me with one of the gold pens with which he signed the bill and a letter of appreciation for my services in which he was gracious enough to say: “ The whole country owes you a debt of gratitude and ad miration. It has been a pleasure to have been associated with you in so great a piece of constructive legislation.” I was presented with a copy of the act on vellum, identical in form with the bill which the President signed, and containing the signatures of the officers of the United States Senate and of the House of Representatives and of the President, also a full set of the first Federal Reserve notes properly framed. I thought Mr. M cA doo entitled to great credit in the matter. The action of President W ilson in making it an Administration measure throwing his full strength behnd it, settling disputes be tween parties to the legislation was splendid and vital to success. 13 I wrote a reminiscence of my personal connection with the Federal Reserve A ct in 1919, after it had proved its worth, a copy of which I enclose. Y ou will find in this little book that I gladly gave Mr. Glass full credit for his services as Chairman of the House Committee, and that I also recognized the work done by the Com mittee members of both the House and the Senate and of the great bankers, business men and counselors who helped perfect this measure. It would be extremely distasteful to me to engage in any con troversy with Mr. Glass as to who rendered the greater service. He did his utmost to be of service and so did I. Under the circum stances, since it was your wonderful work in conducting the Pujo investigation that exposed the money trust, and since I personally framed and had printed, as Chairman of the Committee on Bank ing and Currency of the United States Senate, the Federal Reserve Bill, whose fundamental principles were afterwards written into the act, and did this before Mr. Willis ever presented his first draft which I rejected, and zvhich was never printed, it seems somewhat ungracious for m y life-time friend, Mr. Glass, to portray me as ap proving an intrigue to wreck the measure, or to belittle, in any way, either you or me, in his narrative. I still retain in a vault the orig inal Willis Bill with Mr. Glass’ notes on it, in his own handwriting, as a part of my voluminous records of this interesting legislative experience. Mr. W illis did a perfectly natural thing in follow ing the Na tional Monetary Commission bill in making his preliminary draft and Mr. Glass did a natural thing in supporting his expert, for whom he had great respect, in yielding something to the bankers’ views in order to reconcile them to enter the New System. W e were all feeling our way with a patriotic end in view. There is enough credit in the whole performance to do honor to all the leading participants without questioning the loyalty or in any way discrediting any who tried to help. I sympathized, however, with Mr. Glass’ displeasure with Colonel House’s very unfair references to him and gave him a letter which he used in his book to discredit Colonel House, as a witness against him. Naturally, I do not relish this witness then being used by him to discredit me, or to discredit you. I know o f my own knowledge that your views were substan tially the same as mine, and the photograph of Mr. Wilson’s memo randum referring to “ Mr. Untermyer’s paper” is not in the least convincing to me that the paper referred to in any way contradicts what I personally know of your attitude. Y our patriotic services in this matter were very extraordinary and deserve the admiration of the country. Yours very respectfully, R obt. L. O w e n . 14 May 19, 1927 Hon. Robert L. Owen Washington Investment Building Washington, D. C. My dear Senator, I am greatly indebted to you for the masterly exposition of the history of your commanding part in the framing and the struggle for the enactment of the historic Federal Reserve Act and for your all-too-generous recognition of my share in that epoch-making legis lation of Currency Reform, which enabled our country successfully to jump the financial hurdles and pitfalls of the World War, and has been largely responsible for the marvelous expansion and stabil ity that we have ever since enjoyed. As you rightly say “ There is enough credit in the whole performance to do “ honor to all the leading participants without questioning the “ loyalty or in any way discrediting any who tried to help.” One might have wished that Senator Glass, for the sake of his own reputation, would have approached the writing of his book from that point of view. As I review the facts, it was largely your firm and patriotic stand, in which I modestly co-operated to the extent of my limited opportunities, that circumvented the efforts and propaganda of the “ Money Trust” to foist upon Senator Glass and Congress the Willis draft, misguidedly sponsored by Senator Glass, which provided ( 1) that the money of the country should be bank notes instead of Government money, which it happily now is; (2 ) that the National Banks should have control of our money; (3 ) that the domination of the system be entrusted to the tender mercies of the banks and bankers; (4 ) that the power of the banks over the credit system be expanded, and in short, it placed the banks instead of the Govern ment in the saddle. I doubt whether the people of the country realize the full ex tent of their debt of gratitude to you for your part in killing aborn ing that vicious piece of legislation. In this connection, due credit should also be given to the memory of our dear friend, William Jennings Bryan, who was an important factor in bringing about the defeat of that scheme. He warned President Wilson that if the features of the bill drafted by Mr. Willis for Senator Glass, and urged upon the President, to which you refer, were introduced, he would use all his influence (he was then Secretary of State and his influence was great) with the mem bers of Congress and throughout the country to accomplish its de feat. This is not conjecture or hearsay. 1 know it, for it was upon my urgent request that he went with me to the White House, as the result of a special “ hurry-call” visit made by me to Washington for the purpose, upon being informed by telephone of what was im 15 pending. You recall that the Bill, of which you have a copy with the original notes of Senator Glass upon it, never saw the light of day. That, and your objection, were the reasons. How Senator Glass could have been so gullible as to permit himself to be imposed upon to the extent of believing that you or I would or could, in the face of our records to the contrary, tolerate or fail to oppose, much less champion or support the so-called Treasury Bureau Bank scheme, to which he refers, is past under standing. That he should have allowed himself to be so deceived does far greater credit to his credulity than to his judgment. He admits having read your and my articles in the October 1913 North American Review, in which we vigorously combated every proposal now said to have been embodied in this so-called Bureau Bank Bill, of which I am supposed to have been the author, but which I have never yet seen and of the existence of which I never even heard until Senator Glass wrote his interesting work of fiction. It is not unlikely that whoever sought to impose this product of the “ Money Trust” on President Wilson thought he could best dis guise and mislead the President as to its source by imputing it to me because of the known antagonism to me as the author of their woes and because of my exposure of the “ Money Trust” in the investiga tion that was responsible for the Currency legislation. It was an ex ceedingly stupid piece of misrepresentation that was bound to have been disclosed if the Bill had ever reached the light of day. The sole purpose of the Money Trust investigation was to ex pose the centralization of the control of money and credit and to cor rect it by de-centralizing such control through a regional system, with Government money and under Government domination. The President was apparently for the moment deceived, but Senator Glass, writing 14 years later what he believed to be history, should have taken the ordinary precaution expected of the historian of verifying his hearsay information, which he could readily have done. If his work is discredited, he has only himself to blame. As an old newspaper man, he should have known enough to differen tiate between the looseness that necessarily characterizes newspaper gossip and the accuracy required in writing history. It is unnecessary to enlarge upon Senator Glass’ s inaccuracies and unbelievable unfairness in dealing with and trying to belittle your dominating part in order to magnify his own importance, for your dignified, analytical and illuminating letter demonstrates how preeminently you are qualified to take care of yourself. For my own part, I am satisfied to close the discussion by again emphatically denying ( 1) that I ever discussed Currency legislation with Colonel House, either directly or indirectly by word, corre spondence or otherwise or had any occasion to know or suspect that he was interested therein; or (2 ) that there was any basis or excuse for the letter said to have been written by Colonel House to the President which was a pure myth insofar as I am concerned; or (3 ) that I ever saw, knew or heard of the so-called Treasury Bill to which Senator Glass refers or of any such suggested legislation; or (4 ) 16 had ever been concerned in, supported or encouraged any project other than the Bill which culminated in the Federal Reserve Act. Does it not seem queer that Senator Glass, after again and again discrediting and denouncing Colonel House (who apparently used my name with the President without authority or excuse and thus apparently misled Senator Glass, and for whom I accordingly hold no brief) and assailing Colonel House’ s integrity and credulity at every point, should turn about and use Colonel House’ s statements in his letter to President Wilson as evidence to discredit me as he elsewhere does the same thing to discredit or belittle your efforts. I rest upon my consistent known record on this subject, often publicly expressed, as conclusively disproving the childish story which Senator Glass apparently swallowed hook, line and sinker, presumably because it suited his insatiable ego to permit himself to be taken in by it and upon it to build his “ house of cards’ ’ . Strangely enough, Senator Glass, you and 1 who were brought together in this business, were all born and raised in the little town of Lynchburg, Va., where Senator Glass has continued to live, and this controversy is therefore doubly unpleasant to me as I know it is to you. But I could see no way with justice to myself or to you or others that I could avoid it. I last heard from Senator Glass (it was through the news papers) in answer to my cable from Japan. He then promised the country that upon my return he would confront me with “ documen tary evidence” and that “ when publication of it (his articles in the Post) is ended, if anybody wants to assail its historical accuracy, I shall cheerfully meet any point of controversy ”. Here I am and here is Senator Owen challenging the historical accuracy of his nar rative and demanding he either make good or retract and apologize. It remains to be seen whether he will have the courage and manhood to do the latter. With thanks and best wishes, Sincerely yours, SAMUEL UNTERMYER. 17 [This is the Willis draft referred to in Sen. Owen’s letter that was rejected and never printed. Sen. Owen has the draft with Sen. Glass’s original notes.] 63RD CO NG RESS F IR S T SE SSIO N . H. R. In the House of Representatives 1913 Mr. Glass o f Virginia introduced the following bill which was referred to the Banking and Currency Committee and ordered to be printed. A BILL T o provide an elastic currency, furnish means o f rediscounting commercial paper, protect the creditors o f National Banking Associations, and establish a more effective supervision o f banking in the United States. Be in enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled. S ection 1. That the act o f May 30, 1908, entitled “An A ct to amend the National Banking L aw ,” be and the same is hereby repealed. S ection 2. That within sixty days after the passage o f this act, the Secre tary o f the Treasury, the Com ptroller o f the Currency and the A ttorneyGeneral o f the United States acting as a “ Reserve Bank Organization C om m ittee” shall prepare and publish a list o f twenty reserve cities chosen from those now authorized by law and shall divide the continental United States into twenty districts, each district to contain one o f the said reserve cities; Provided, That the districts shall be apportioned with due regard to the convenience and customary course o f business and not necessarily in harmony with the area o f the several States. The districts may be readjusted and new districts may from time to time be created by the Board hereinafter created, acting upon a joint application made by not less than ten National Banks situated within one o f the existing districts. The districts thus constituted shall be known as “ National Reserve D istricts” and shall be designated by number according to the pleasure o f the Reserve Bank Organization C om mittee hereinafter referred to as the Organization Committee. The said Organization Committee shall, in accordance with regulations to be estab lished by themselves proceed to organize in each o f the reserve cities afore said a National Reserve Bank. Such National Reserve Banks shall be known by the number and district to which they belon g ;— as “ National Reserve Bank; First D istrict” — and so forth. Every National Bank located within a given district shall be required to subscribe to the capital o f the National Reserve Bank o f that district a sum equal to 20 per centum o f its own paid up and unimpaired capital, one half o f such subscription to be paid in under the terms and conditions prescribed by the National Banking A ct with ref erence to subscriptions to the stock o f National Banking Associations. The remainder o f the subscriptions or any part thereof shall becom e a liability of the subscribers, subject to call and payment thereof whenever necessary to meet the obligations o f the National Reserve Bank under such terms and in accordance with such regulations as the Board o f Directors o f said National Reserve Bank may prescribed: Provided, That no National Reserve Bank shall be organized with a paid up and unimpaired capital at the time o f be ginning business less in amount than $5,000,000. The Organization Com mittee hereinbefore provided for shall have pow er to appoint such assistants and incur such expenses in carrying out the provisions o f this act as it shall 18 deem necessary; and such expenses shall be payable by the Treasury o f the United States upon voucher approved by the Secretary o f the Treasury, not to exceed in the aggregate $50,000. S ection 3. That the capital stock o f each National Reserve Bank shall be divided into shares o f $100. The outstanding capital stock may be increased from time to time as subscribing banks increase their capital or as additional banks becom e subscribers, or may be decreased as subscribing banks reduce their capital or leave the organization by liquidation. Each National Reserve Bank may establish branch offices at a point within the National Reserve district in which it is located approved by the Federal Reserve Board, after selection by the Board o f Directors o f said banking corporation; Provided, That the total number o f such branches shall not exceed one for each $500,000 o f the capital stock o f said National Reserve Bank. S ection 4. That upon duly making and filing with the Comptroller o f the currency a certificate in the form required and described in sections 5134, 5135, and 5136, R. S-, U. S., the National Banking Associations uniting to form a National Reserve Bank shall becom e a bod y corporate and as such and in the name designated in the organization certificate shall have power to perform all those acts and to enjoy all those privileges and to exercise all those pow ers described in section 5136 Revised Statutes; save insofar as the same shall be limited or extended as the case may be, by the provisions of this act. Every National Reserve Bank shall be organized and conducted under the oversight and control o f a Board o f D irectors, whose powers shall be the same as those conferred upon the boards o f directors o f National Banking Associations under existing law, except insofar as expressly provided to the contrary in this act. Such Board o f D irectors shall be constituted and elected as hereinafter specified and shall consist o f fifteen m em bers holding office for five years and divided into three classes designated as Class A, B and C. Class A shall consist o f five mem bers w ho shall be chosen by and be representative o f the stockholding banks. Class B shall consist o f five members w ho shall be chosen by and be representative o f the stockholders o f the National Banks holding shares in the National Reserve Bank. Class C shall consist o f five members four o f w hom shall be chosen by the directors o f classes A and B with approval o f the Federal Reserve Board hereinafter created and one o f w hom shall be designated by the Federal Reserve Board. Directors o f class C shall be regarded as representative o f general public interest. Directors o f class A shall be chosen in the follow ing manner: It shall be the duty o f the Chairman o f the Board o f Directors o f the National Reserve Bank o f the district in which each such bank is situated to classify the banks o f the said district who are stockholders in the said National Reserve Bank into five general groups or divisions. Each such group shall contain as nearly as may be one fifth o f the aggregate banking capital o f the banks holding stock in the National Reserve Bank o f the said district and shall consist o f banks belonging as nearly as may be to the same general classes o f capitalization. The said groups shall be designated by number at the pleasure o f the Chairman o f the National Reserve Bank. At a regularly called directors’ meeting o f each National bank in the National Reserve district aforesaid; the Board o f Directors o f such National Bank shall elect by ballot one o f its own members as a District Reserve Elector and shall certify his name to the Chairman o f the Board o f Directors o f the National Reserve Bank o f the district. The said chairman shall establish complete lists o f the District Reserve Electors, class A, thus named by banks in each o f the aforesaid five groups and shall transmit one complete list to each such elector in each group. Every elector shall within fifteen days o f the receipt o f the said list, select and_ certify to the said Chairman from among the names on the list pertaining to his group, transmitted to him by the Chairman, one name as representing his choice for National Reserve Director, class A. The name re ceiving the greatest number o f votes, not less than a majority, shall be desig nated by said chairman as National Reserve Director, for the group to which he belongs. In case no candidate shall receive a majority o f all votes cast in 19 any district, the chairman aforesaid shall establish an eligible list, including the three names receiving the greatest number o f votes on the first ballot, and shall transmit said list to the electors in each o f the groups o f banks established by him. Each elector shall at once select and certify to the said chairman from among the three names submitted to him his choice for National Reserve Director class A, and the name receiving the greatest number o f such votes shall be designated by the chairman as National Reserve Director class A. Directors o f class B shall be chosen in the following manner: A t an annual election o f officers o f each National Bank the stockholders o f said bank, if there be a vacancy among directors o f class B in the group to which said bank may belong, shall choose one o f their own number who shall not be either an officer or director o f any bank as a District Reserve Elector class B. The name o f said District Reserve Elector shall be certified to the chairman o f the board o f directors o f the National Reserve Bank o f the district in which such National bank is located. It shall thereupon be the duty o f said chairman to establish lists and to secure the selection o f one director representing each o f the five groups into which the banks o f the district are divided from among the District Reserve Electors o f class B, after the manner hereinbefore prescribed for the choice o f directors o f class A. Directors o f class C shall be chosen in the following manner: On the first day o f July in each year when there shall be a vacancy among directors o f class C, the directors o f classes A and B o f each National Reserve Bank shall, at a meeting called for that purpose select one or more additional directors not to exceed four in number. Such additional directors shall be resi dents o f the National Reserve district in which they are chosen and shall be fairly representative o f the agricultural, industrial, and commercial interest o f said district. None o f such directors shall be during his term o f office an officer or director o f any other bank or banking corporation. Eight votes shall be necessary to the choice o f each such director and before he shall be declared elected he shall be certified to the Secretary o f the Trasury who with the advice and consent o f the Federal Reserve Board hereinafter created may accept or reject any or all such directors o f Class C. A fifth director belonging to Class C shall be chosen directly by the Federal Reserve Board hereinafter created, under such regulations as it may prescribe. The said director shall be chairman o f the Board o f Directors o f the National Reserve Bank o f the district to which he is appointed and shall be designated as “ Federal Reserve Agent” . In addition to his duties as chairman o f the board o f directors o f the National Reserve Bank o f the district to which he is appointed, he shall be required to maintain under regulations to be established by the Federal Reserve Board, a local office o f said Board which shall be sit uated on the premises o f the National Reserve Bank o f the District. He shall make regular reports to the Federal Reserve Board, and shall act as its official representative for the performance o f the functions conferred upon it by this act. He shall be paid an annual compensation to be fixed by the Federal Reserve Board and to be paid him monthly by the National Reserve Bank to which he is designated. The Reserve Organization Committee hereinbefore created may in organizing National Reserve banks for the first time, call such meetings of bank directors or stockholders in the several districts as may be necessary to carry out the purposes o f this act and may exercise the functions herein conferred upon the chairman o f the board o f directors o f each National Reserve Bank, pending the complete organization o f such bank. A t the first meeting o f the full board o f directors o f each National Reserve Bank subsequent to the organization o f such bank it shall be the duty o f each o f the three classes o f directors hereinbefore created to designate by such method as shall be prescribed by the Federal Reserve Board one o f its members whose term o f office shall expire at the end o f one year from the first o f January nearest the date o f such meeting, one whose term o f office shall expire at the end o f two years from said date, one whose term o f office shall expire at the end o f three years from said date, onewhose term o f office shall expire at the end o f four years from said date, and one whose term o f office shall expire at the end o f five years from said date. Thereafter every director o f a Na tional Reserve Bank chosen as hereinbefore provided shall hold office for a term o f five years. Provided, that the chairman o f the board o f directors o f each National Reserve Bank, designated by the Federal Reserve Board as herein before described shall be removable at the pleasure o f the said board without notice, and his successors shall hold office during the unexpired term o f the director in whose place he was appointed. S ection 5. That shares o f the capital stock o f National Reserve Banks shall not be transferable, and under no circumstances shall they be hypothecated, nor shall they be owned otherwise than by subscribing banks, nor shall they be owned by any bank other than in the proportion herein provided. In case a subscribing bank increases its capital, it shall thereupon subscribe for an addi tional amount o f capital o f the National Reserve Bank equal to twenty per centum o f the Bank’s increase o f capital, paying therefor its then book value as shown by the last published statement o f said bank. A bank applying for stock in a National Reserve Bank at any time after the formation o f the latter must subscribe for an amount o f the capital o f said Reserve Bank equal to twenty per centum o f the capital o f said subscribing bank, paying therefor its then book value as shown by the last published statement o f said Reserve Bank. When the capital o f any National Reserve Bank has been increased either on account o f the increase o f capital o f the banks holding stock therein or on account o f the increase in the number o f stockholding banks, the board o f direc tors shall make and execute a certificate showing said increase in capital, the amount paid in and by whom paid. This certificate shall be filed in the office o f the Comptroller o f the Currency. In case a subscribing bank reduces its capital it shall surrender a proportionate amount o f its holdings in the capital o f said National Reserve Bank, and if a bank goes into voluntary liquidation it shall surrender all o f its holdings o f the capital o f said National Reserve Bank. In either case the shares surrendered shall be cancelled and the bank shall receive in payment therefor a sum equal to their then book value as shown by the last published statement o f said National Reserve Bank. S ection 6. That if any shareholder o f a National Reserve Bank shall become insolvent and a receiver be appointed, the stock held by it in said Na tional Reserve Bank shall be cancelled, and the balance after paying all debts due by such insolvent bank to said National Reserve Bank shall be paid to the receiver o f the insolvent bank. Whenever the capital stock o f a National Re serve Bank is reduced, either on account o f a reduction in capital o f the banks holding its stock or o f the liquidation or insolvency o f any such bank holding stock therein, the board o f directors shall make and execute a certificate showing such reduction o f capital stock and the amount repaid to each bank. This cer tificate shall be filed in the office o f the Comptroller o f the Currency. S ection 7. That any National Banking Association heretofore organized may at any time within one year from the passage o f this Act, and with the approval o f the Comptroller o f the Currency, be granted, as herein provided, all the rights, and be subject to all the liabilities, o f National Banking Associa tions organized subsequent to the passage o f this A c t; Provided, That such action on the part o f such Associations shall be authorized by the consent in writing o f shareholders owning not less than two-thirds o f the capital stock o f the Association. Any National Bank Association now organized which shall not, within one year after the passage o f this act, become a National Banking Association under the provisions hereinbefore stated, and which shall not place in the hands o f the Treasurer o f the United States the sums by law provided for the redemption o f its circulating notes, or which shall fail to comply with any other provision o f this act shall be dissolved; but such dis solution shall not take away or impair any remedy against such corporation, its stockholders or officers, for any liability or penalty which shall have previously been incurred. S ection 8. That any bank or banking association incorporated by special law o f any State, or organized under the general laws o f any State, and having a paid up unimpaired capital sufficient to entitle it to become a National banking association under the provisions o f this act, may, by the consent in writing o f the shareholders owning not less than two-thirds o f the capital stock o f such bank or banking association, and with the approval o f the Comptroller o f the Currency, become a National banking association under its former name or by any name approved by the Comptroller. The directors thereof may continue 21 to be the directors o f the association so organized until others are elected or appointed in accordance with the provisions o f the law. When the Comptroller has given to such bank or banking association a certificate that the provisions o f this act have been complied with, such bank or banking association, and all its stockholders, officers and employees, shall have the same powers and privileges, and shall be subject to the same duties, liabilities, and regulations, in all respects, as shall have been prescribed for associations originally organized as National Banking associations under this act. S ection 9. That it shall be lawful for any National Banking association having a capital o f not less than $1,000,000 to establish branches under such rules and regulations as may be prescribed by the Comptroller o f the Currency, with the approval o f the Secretary o f the Treasury; Provided, That the number o f such branches shall not exceed one for each $500,000 o f capital stock issued by the parent institution. S ection 10. That there shall be created a Federal Reserve Board. That said Board shall consist o f three classes o f members, hereinafter designated as classes A, B and C. Class A shall consist o f National Reserve Representatives equal in number to the number o f National Reserve Banks, and including one member represent ing each such bank. Class B shall consist o f National Reserve Delegates equal in number to the number o f National Reserve districts, and including one member from each such district. Class C shall consist o f Government Reserve Officers, three in number, and including the Secretary o f the Treasury, the Comptroller o f the Currency and the Attorney-General o f the United States. National Reserve Representatives (class A ) shall be selected by ballot by the directors o f National Reserve Banks, one to each bank, who shall himself be a member o f the directorate o f said National Reserve Bank. The Chairman o f the Board o f Directors o f each National Reserve Bank shall be ineligible for election as a member o f the Federal Reserve Board. It is proposed to alter this by providing that the Federal Reserve Board shall be selected by the directors o f the National Reserve Banks. National Reserve Delegates (class B ) shall be chosen from among the stock holders o f the National Banks organized in the several National Reserve districts in the following manner: A t a regularly called stockholders’ meeting it shall be the duty o f said stockholders voting under the regulations prescribed for the choice o f bank officers to elect one o f their own number as a candidate for appointment as “ National Reserve Delegate.” The name o f the National Reserve Delegate so chosen shall be certified to the Comptroller o f the Currency by the President o f the Bank whose stockholders have elected said Delegate. It shall be the duty o f the Comptroller to establish a complete list o f all candidates for National Reserve Delegate so chosen within each National Reserve district and to forward a copy o f the same to each National Bank stockholder in said district. Each such stockholder receiving such list shall select from the list thus established one candidate for National Reserve Delegate and shall indicate his choice to the Comptroller in manner as the latter may require. The name re ceiving the greatest number o f votes after the manner aforesaid shall be desig nated by the Comptroller as National Reserve Delegate for the district in which he is chosen, unless the said number shall be less than a majority o f all votes cast. I f no candidate shall receive a majority o f all votes cast at such election it shall be the duty o f the Comptroller aforesaid to establish an eligible list con sisting o f the five names receiving the largest number o f votes on the first ballot and to forward a copy o f the same to each National bank stockholder in said district. Each such stockholder receiving such list o f five names shall select from the list one candidate for National Reserve Delegate and shall indicate his choice to the Comptroller in such manner as the latter may require. The name receiving the greatest number o f votes, not less than a majority, after the manner aforesaid shall be designated by the Comptroller as National Reserve 22 Delegate for the district in which he is chosen. I f no such candidate shall receive a majority o f votes the Secretary o f the Treasury shall nominate from among the five candidates one who shall act as National Reserve Delegate for the en suing term and he shall be so designated by the Com ptroller; Provided, That no bank stockholder in selecting a National Reserve Delegate from the list estab lished by the Comptroller shall cast more than one ballot; and provided further that no person who at the time is an officer or director o f a National bank shall be eligible to the office o f National Reserve Delegate. Subsequent acceptance o f office as officer or director o f a National Bank shall automatically cancel the appointment o f a National Reserve Delegate. Every member o f the Federal Reserve Board shall receive a salary o f $2,500 per annum. Each member o f the Federal Reserve Board shall be chosen for a term o f six years or for the unexpired portion o f such term, Provided, That the first members o f the Federal Reserve Board in classes A and B shall hold office for a term o f six years dating from the first o f January next succeeding the election at which they are chosen, except as hereinafter otherwise provided, and all mem bers o f the Federal Reserve Board belonging to classes A and B, first chosen under this act shall take office immediately upon their election and shall continue to hold the same until the first o f January next succeeding such election and thereafter as herein provided. Upon assembling for the first time the members o f the Federal Reserve Board belonging to classes A and B shall separate into two groups under such regulations as the Board may lay down for effecting the said grouping. One such group shall hold office for three years, dating from the first o f January next succeeding the election o f members, the other for six years next succeeding such election. Each group shall include one half the total number o f members o f the two classes, drawn in equal numbers from each. Thereafter every member o f the said Board belonging to classes A and B shall hold office for a term o f six years. Vacancies in classes A and B shall be filled as they may occur, in the manner prescribed for the original choice o f members belonging to the class in which such vacancies may occur. S ection 11. That the first meeting o f the Federal Reserve Board shall be held on July 1, 1913 and upon convening for the first time, the Federal Reserve Board shall separate by classes. Class A meeting separately, shall choose from among its own number by ballot two members who shall be known as Federal Reserve Officers. Class B shall in like manner select from among its own num ber two Federal Reserve Officers. The four Federal Reserve Officers thus chosen shall, with the ex officio members constituting class C o f the Federal Reserve Board, constitute an executive committee o f the Federal Reserve Board o f seven members, and shall be known as the Federal Reserve Committee. The Secretary o f the Treasury shall be ex officio Chairman o f the Federal Reserve Board and Chairman o f the Federal Reserve Committee. He shall designate at his pleasure, one o f the four Federal Reserve Officers chosen by classes A and B o f the Federal Reserve Board as President o f said Board; and shall designate two others from among the aforesaid four as first and second Vice-Presidents. The remaining member included in the four Federal Reserve Officers aforesaid shall be designated as Secretary o f the Federal Reserve Board. The powers and duties o f the President, Vice-Presidents and Secretary shall be established in by law to be adopted by the Federal Reserve Board. A fter being thus desig nated by the Secretary o f the Treasury Federal Reserve Officers shall continue to hold office in the positions to which they are designated until the expiration o f their terms as members o f the Federal Reserve Board, current at the time when they were so designated. It is proposed to alter this so as to provide that the Executive Board shall contain 9 members—3 practical bankers; 3 members named for long terms by the President and 3 ex officio members, Sect’y Treasury, Comptroller o f Currency and Sect’y Agriculture. C. G. The powers and functions hereinafter conferred upon the Federal Reserve Board may be exercised by the Executive Committee o f said Board in accordance 23 with by laws to be established by said Board. But said Committee must fully report its action on each and every matter o f business falling within its jurisdic tion to a general meeting o f said Board to be convened not less frequently than once each month. And every member o f said Board may at his discretion at tend meetings o f the Executive Committee, although he shall have no vote at such meetings. Any member o f the Federal Reserve Board may at the monthly meeting hereinbefore specified propose a motion reversing or modifying any action of the Executive Committee already taken, and such motion shall be voted upon promptly under rules o f procedure to be adopted by said Board; Provided, that no such motion shall be binding upon the Executive Committee or shall be deemed to cancel or reverse its action unless it receives two-thirds o f all votes cast at the meeting o f the Federal Reserve Board at which it shall be proposed. S ection 12. That on the nomination o f the President o f the Federal Reserve Board, the Executive Committee shall appoint all officers and employes o f the Board, except those otherwise provided for in this act, determine their remunera tion, tenure o f office, and duties. The Executive Committee shall have full control, subject to the Board, o f the detailed management o f said Board. For this purpose it shall meet regularly once a week at the office o f the Board or at such other places as may be desig nated by the Chairman o f the Board. Special meetings may be called by the Chairman or by any three members. The Federal Reserve Board shall appoint a Board o f Examiners consisting o f three members, to report at any time upon the conditions o f credit, the kind o f business done, and the proper conduct o f the discounts at each National Re serve Bank or o f any individual bank; and said Board may authorize the em ployment o f suitable assistance, if needed, for this work o f examination. The Secretary o f the Treasury as Chairman o f the Federal Reserve Board and Chairman o f the Executive Committee shall be responsible for the discipline o f the Executive Staff o f the Board, determine the duties o f the various persons concerned, secure the preparation o f the reports to be made to the Executive Committee and the members o f the Board, and perform all other duties per taining to his office. All o f his acts shall be subject to the review o f the Execu tive Committee and its decision in all matters pertaining to his duties shall be final unless reversed by the Board. In the absence or illness o f the Secretary o f the Treasury, his duties shall devolve upon the Comptroller o f the Currency acting as Vice-Chairman. The expenses o f the Federal Reserve Board shall be paid by the National Reserve Banks out o f their gross receipts in such a manner and at such times as the Board shall direct. Each Reserve Bank shall pay such a portion o f said expenses as its capital and surplus bear to the aggregate capital and surplus o f all. A t all meetings o f the Board a quorum shall consist o f two-thirds its total number o f members. A majority o f those present shall be required to pass any resolution. Each member shall be reimbursed for his reasonable travelling and other necessary expenses for attendance on each meeting, on vouchers approved by the Executive Committee. S ection 13. That the Federal Reserve Board hereinbefore established shall be authorized and empowered (a ) T o examine once each month the accounts and books o f each Na tional Reserve Bank. (b ) T o determine the apportionment o f Federal deposits among the Na tional Reserve Banks. (c ) T o require a National Reserve Bank to rediscount the paper o f any other National Reserve Bank. (d ) T o ascertain once each month the character o f the paper held by each National Reserve Bank and to require at its discretion the suspension of further issues for a designated period. (e ) T o establish each week or as much oftener as required a rate o f dis count which shall be mandatory upon each National Reserve Bank and for each class o f paper; provided, that said rate o f discount need not be uniform for all Reserve Banks 24 ( f ) T o suspend for a period not exceeding thirty days (and to renew such suspension for periods o f not to exceed fifteen days) any and every reserve requirement specified in this act. S ection 14. That any National Reserve Bank may receive from any bank or banking institution or trust company duly organized under Federal or State law deposits o f current funds in lawful money, national bank notes, Federal reserve notes or checks, drafts and other claims upon solvent banks domestic and foreign. Upon the endorsement o f any bank having a deposit with it any National Reserve Bank may discount notes and bills o f exchange arising out o f commer cial transactions; that is notes and bills o f exchange issued or drawn for agri cultural, industrial or commercial purposes, and not including notes or bills issued or drawn for the purpose o f carrying stocks, bonds or other investment securities. Such notes and bills must have a maturity of not more than thirty days. Upon the endorsement o f any bank having a deposit with it, any National Reserve Bank may discount paper o f the classes hereinbefore described having a maturity o f more than sixty and not more than 120 days, provided that its own cash reserve exceeds 50 per cent o f its total outstanding demand liabilities and provided further that not more than 50 per centum o f the total paper so discounted for any depositing bank shall have a maturity o f more than sixty days. Upon the endorsement o f any bank having a deposit with it, any National Reserve Bank may discount acceptances o f depositing banks which are based on the exportation or importation o f goods or on travellers credits and which mature in not more than 90 days and bear the signature o f at least one bank in addition to that o f the acceptor. The amount so re-discounted shall at no time exceed the capital o f the bank for which the rediscounts are made. The aggre gate o f such notes and bills bearing the signature or endorsement o f any one person, company, firm or corporation, rediscounted for any one bank, shall at no time exceed ten per centum o f the unimpaired capital and surplus o f said bank. Any National Bank may at its discretion accept drafts or bills o f exchange drawn upon it having not more than four months to run and growing out o f transactions involving the importation or exportation o f goods or the issue o f travellers letters o f credit. Provided that no bank shall accept such bills to an amount equal in the aggregate to more than one half the face value o f its paid up and unimpaired capital. S ection 15. Whenever in the opinion o f the Federal Reserve Committee upon application jointly and directly made to the Secretary o f the Treasury by not less than ten National Banks in one district the public interest so requires, the Federal Reserve Committee may authorize the Reserve Bank o f the Dis trict to discount the direct obligations o f depositing banks secured by the pledge and deposit with it o f satisfactory securities; but in no case shall the amount so loaned by a National Reserve Bank exceed three-fourths o f the actual value o f the securities so pledged, or one half the amount o f its own paid up and unimpaired capital. S ection 16. That every National Reserve Bank shall have power, both at home and abroad, to deal in gold coin or bullion, to make loans thereon, and to contract for loans o f gold coin or bullion, giving therefor, when necessary, acceptable security, including the hypothecation o f its holdings if any o f United States bonds. S ection 17. That any National Reserve Bank may invest in United States bonds; also in obligations having not more than one year to run, o f the United States or its dependencies, or o f any State, or o f foreign governments. S ection 18. That every National Reserve Bank shall have power to pur chase from depositing banks and to sell with or without its endorsement, checks, or bills o f exchange, arising out o f commercial transactions as hereinbefore defined, payable in such foreign countries as the Board o f Directors o f such National Reserve Bank may determine. These bills o f exchange must have not exceeding ninety days to run and must bear the signature o f two or more re sponsible parties, o f which the last one shall be that o f a subscribing bank. 25 S ection 19. That any National Reserve Bank may with the consent o f the Federal Reserve Board open and maintain banking accounts in foreign coun tries and establish agencies in such countries wheresoever it may deem best for the purpose o f purchasing, selling and collecting foreign bills o f exchange, and it shall have authority to buy and sell with or without its endorsement through such correspondents or agencies, checks or prime foreign bills o f exchange arising out o f commercial transactions, which have not exceeding ninety days to run, and which bear the signature o f two or more responsible parties. S ection 20. That the Government o f the United States and banks deposit ing in the National Reserve Banks formed under this act as hereinafter indi cated shall be the only depositors in said Reserve Banks. All domestic trans actions o f the National Reserve Banks shall be confined to the Government and the depositing banks, with the exception o f the purchase or sale o f Government or State securities or securities o f foreign governments or o f gold coin or bullion. S ection 21. That all moneys now held in the general fund o f the Treasury shall within six months from the passage o f this act be deposited in National Reserve Banks; and thereafter the revenues o f the Government shall be reg ularly deposited in such banks and disbursements shall be made by check drawn against such deposits. It shall be the duty o f the Federal Reserve Board herein established to apportion the funds o f the Government among the said National Reserve Banks and to fix from month to month a rate o f interest which shall be regularly paid by the banks holding such deposits; Provided, that no National Reserve Bank shall be required to receive Government deposits when in the judgment o f its directors the condition o f business does not warrant the pay ment o f the rate o f interest fixed by the Federal Reserve Board. S ection 22. That no National Reserve Bank shall pay interest on deposits; except those o f the Government o f the United States; and no National Banking Association shall pay interest on funds o f other banks deposited with it. S ection 23. That any National Reserve Bank may at its discretion, subject to the provisions o f this act, make application to the Federal Reserve Board for Fed eral Reserve notes. Said notes shall be in all respects similar to existing Na tional bank notes except that they shall not bear any legend or superscription indicating that they are secured by United States or other bonds. But no Na tional Reserve Bank shall receive in the aggregate notes exceeding a sum equal to the face value o f the capital stock o f such Bank plus the stockholders’ indi vidual liability, or in the aggregate a sum double the face value o f the capital stock o f such bank. Upon receiving an application for notes from any National Reserve Bank, the Federal Reserve Board shall immediately issue said notes to the Bank making said application. Any National Reserve Bank desiring to re duce its circulation may do so, upon the same conditions now prescribed for the retirement o f National bank notes; Provided, that nothing in the statutes o f the United States shall prevent a National Reserve Bank from retiring its out standing notes as rapidly as its officers and directors may deem best. It shall be the duty o f every National Reserve Bank to receive on deposit at par the notes o f every other National Reserve Bank and o f every National Banking Association. Every National Reserve Bank shall provide for the re demption o f its own notes on demand in gold at least one point in every reserve district throughtout the United States. The method of such redemption and the provisions under which it shall be carried on shall be subject to control by the Federal Reserve Board, and it shall be the duty o f said Board to establish such rules and regulations that all notes issued by National Reserve Banks shall be maintained convertible into gold at par without exchange through the United States. S ection 24. That no National Banking Association shall be entitled to receive from the Comptroller o f the Currency, or to issue, circulating notes in excess o f the total amount o f such notes which such bank may have outstand ing at the passage o f this act. Provided that no National Banking Association which may in future reduce its outstanding circulating notes in the manner pre scribed by law shall hereafter be entitled to receive from the Comptroller o f 26 the Currency, or to issue, circulating notes in excess o f the sum to which its outstanding notes shall have been reduced by such withdrawals. S ection 25. That so much o f the provisions o f section 5159 o f the Re vised Statutes o f the United States and section 4 o f the Act o f June 20th, 1874, and section 8 o f the A ct o f July 12th, 1882, as provide that before any National Banking Association shall be authorized to commence banking business it shall transfer and deliver to the Treasurer o f the United States, United States reg istered bonds, to an amount, where the capital is $150,000 or less, not less than one-fourth o f its capital stock, and $50,000 where the capital is in excess o f $150,000, be and the same is hereby repealed. S ection 26. Upon application, the Secretary o f the Treasury shall exchange the two per centum bonds o f the United States bearing the circulation privilege, theretofore deposited by any National Banking Association with the Treasurer o f the United as security for circulating notes, for three per centum bonds o f the United States without the circulation privilege, payable after twenty years from date o f issue. When and in proportion as the outstanding two per centum bonds deposited by them with the Treasurer shall be thus exchanged or re funded, the power o f National Banks to issue circulating notes secured by United States bonds shall cease and be determined. Every National Bank may continue to apply for and receive from the Comptroller o f the Currency cir culating notes under the conditions provided by this act, but no National Bank shall be permitted to issue circulating notes o f any description or to issue or to make use o f any substitute for such circulating notes in the form o f Clearing House certificates, cashier’s check, or other obligation not specifically provided for under this act; Provided, That no National Bank shall in any one year present two per centum bonds for exchange in the manner hereinbefore pro vided to an amount exceeding ten per centum o f the total amount o f bonds de posited with the Treasurer by said Bank at the time o f the passage o f this act; Provided further that at the expiration o f ten years from the passage o f this act every holder o f United States two per centum bonds shall receive in exchange three per centum bonds o f like denomination payable twenty years from date of issue. Each National Reserve Bank may receive from the Federal Reserve Board and issue at its own discretion subject to the provisions o f this act, in addition to the notes provided for by Sec. 23 o f this act, a sum in notes equal to the par value two per centum bonds o f the United States surrendered by its own stockholding banks to the Treasurer o f the United States in exchange for three per centum bonds. S ection 27. That within sixty days from and after the date when the Secretary o f the Treasury shall have officially announced, in such manner as he may select, to National Banks situated in the several National Reserve dis tricts, the fact that a National Reserve Bank has been established in the district within which they are situated, every such National Banking Association wherever situated within the said district shall establish with the National Re serve Bank o f the district a credit balance on the books o f the latter institution equal to not less than five per centum o f the total outstanding demand liabilities o f the National Bank establishing the same. Such balance may at any time be increased but shall at no time be allowed to fall below a figure equal to the five per cent o f total outstanding demand liabilities aforesaid. From and after a date twelve months subsequent to the expiration o f the sixty days after the organization o f the National Reserve Bank o f the district as aforesaid, it shall be the duty o f every National Banking Association wherever situated within the National Reserve district to which it belongs to establish with the National Reserve Bank o f the district an additional balance equal to not less than five per centum o f the total outstanding demand liabilities o f the National Bank establishing the same. Thereafter it shall be the duty o f every such National Banking Association to maintain a credit balance on the books o f the National Reserve Bank o f the district within which it is situated which shall at all times be at least equal to ten per centum o f the total outstanding demand liabilities of the National Bank establishing and maintaining the same. From and after the passage o f this act it shall be the duty o f every National Banking Association wherever situated to maintain constantly on hand in its own vaults a sum in lawful money equal to not less than five per centum o f its total outstanding demand liabilities. 27 From and after the passage o f this act for a period o f thirteen months it shall be the duty o f every National Banking Association situated outside o f a Reserve City or Central Reserve City, in addition to the requirements herein before set forth to maintain at all times either: (a ) An additional credit balance on the books o f the National Reserve Bank o f the district equal to five per centum o f the total outstanding de mand liabilities o f the National Banking Association establishing the same; or (b ) An additional credit balance on the books o f another National Bank ing Association situated in a Reserve City or Central Reserve City equal to five per centum o f the total outstanding demand liabilities o f the National Bank Association establishing the same; or ( c ) A sum constantly on hand in its own vaults, in lawful money, equal to not less than five per centum o f its total outstanding demand liabilities. From and after the passage o f this act, it shall be the duty o f every National Banking Association situated in a Reserve City but not in a Central Reserve City, in addition to the requirements hereinbefore set forth for all National Banks, to maintain at all times either: (a ) An additional credit balance on the books o f the National Reserve Bank o f the district equal to ten per centum o f the total outstanding de mand liabilities o f the National Banking Association establishing the same; or (b ) An additional credit balance on the books o f another National Bank ing Association situated in a Central Reserve City equal to ten per centum o f the total outstanding demand liabilities o f the National Banking A sso ciation establishing the sam e; or (c ) A sum constantly on hand in its own vaults in lawful money equal to not less than ten per centum o f its total outstanding demand liabilities; Provided, That from and after a date twelve months subsequent to the date upon which National Banking Associations situated in Reserve Cities shall have first opened an account and established a credit balance with the National Reserve Bank o f the district in which they are situated, thev shall be required to maintain in addition to the ten per cent balance on the books o f the National Reserve Bank hereinbefore required and in addition to the sum o f five per cent o f outstanding liabilities in cash in their own vaults, a sum not exceeding five per cent o f such total outstanding liabilities either in their own vaults or as a credit balance on the books o f the National Reserve Association or as a credit balance on the books o f a National Banking Association situated in a Central Reserve City, and shall be sub ject to no other requirement. From and after the passage o f this act and until a date twelve months sub sequent to the date upon which National Banking Associations in Central Re serve Cities shall have first opened an account and established a credit balance with the National Reserve Bank o f the district in which they are located, they shall be required to maintain in addition to the requirements hereinbefore set forth either: (a ) An additional credit balance on the books o f the National Reserve Bank o f the district equal to fifteen per centum o f the total outstanding demand liabilities o f the National Banking Association establishing the same; or (b ) A sum constantly on hand in their own vaults in lawful money equal to not less than fifteen per centum o f their total outstanding demand liabilities. Subsequent to the date hereinbefore specified every National Banking Asso ciation situated in a Central Reserve City shall have at all times on hand in its own vaults a sum equal to five per centum o f its total outstanding demand lia bilities or shall maintain on the books o f the National Reserve Bank o f the district a credit balance equal to five per cent o f its total outstanding demand liabilities, such sum or balance to be in addition to the requirements hereinbefore set forth for all National Banking Associations; Provided, That nothing in this act contained shall prevent a National Banking Association from increasing its 28 balance either with the National Reserve Bank o f its district or with other National Banks beyond the minimum limits specified in this section. Provided, That no National Banking Association or National Reserve Bank shall count or report any o f its own notes or o f the notes o f any other National Bank or o f any National Reserve Bank as a part o f its cash assets. That so much o f sections 5191 and 5192 Revised Statutes and so much o f Sec. 2 o f the act o f June 20, 1874, relating to the maintenance o f reserves in Central Reserve cities, and so much o f the said acts as requires or dispenses with the maintenance o f specified reserves against liabilities, as is inconsistent with this section shall be and the same is hereby repealed. S ection 28. That so much o f section 3 o f the Act o f June 20th, 1874, entitled “ An A ct fixing the amount o f United States notes, providing for a redistribution o f the National Bank Currency, and for other purposes,” as provides that the fund deposited by any National Banking Association with the Treasurer o f the United States for the redemption o f its notes shall be counted as a part o f its lawful reserve as provided in the act aforesaid be, and the same is hereby repealed. A nd from and after the passage o f this act, such fund o f five per centum shall in no case be counted by any National Banking Association as a part o f its lawful reserve. S ection 29. That no National Reserve Bank shall discount for, or pur chase from , any state or private bank or trust company, or from any bank ing institution w hatsoever incorporated or authorized to transact business in the United States or in any state or territory therein, any o f the kinds o f paper hereinbefore described and specified except upon the follow ing conditions to w it: Every state or private bank or trust com pany or other banking institu tion form ed or incorporated under state or national law shall at the time it presents paper for rediscount to the National Reserve Bank o f the district in which it is located have an open deposit account equal in amount to that required by section 24 o f this act to be maintained by a similarly situated National Bank and shall thereafter maintain such balance. Every such bank shall submit to such inspection and shall make and render such reports as may be required by the Federal Reserve Board under the terms o f this act o f similarly located National Banks. A n y National Reserve Bank may at any time refuse to discount or purchase paper o f the kinds herein described, for a bank belonging to any one o f the classes herein described, because o f the failure o f such institu tion to com ply with the requirements o f this section; Provided, that upon ascertaining that such institution no longer com plies with the requirements o f this section it shall at once certify such fact to the Chairman o f the Federal Reserve Committee. S ection 30. That every National Reserve Bank shall at all times have on hand in its own vaults in gold or the equivalent thereof a sum equal to not less than 25 per centum o f its outstanding circulating notes. It shall at all times have on hand in its own vaults live com m ercial paper having not more than 30 days to run to an amount equal to 50 per centum o f its outstanding demand liabilities which shall at the same time be not less than 75 per centum o f its outstanding circulating notes. S ection 31. That the Federal Reserve Board shall as often as it deems best, and in any case not less frequently than once each month, order an examination o f National Banking Associations in reserve cities. Such ex amination shall show in detail the total amount o f loans made by each bank on demand, on time and the different classes o f collateral held to protect the various loans. And the Federal Reserve Board shall have pow er when in its judgm ent the result o f such examination requires, to order that for a period o f thirty days next follow ing the demand deposits carried by other banks with any one or more o f the associations so specially examined shall not be counted as a part o f the required reserve o f the depositing institution. S ection 32. That every National Reserve Bank shall pay, on or before the last day of every month, to the Treasurer o f the United States a duty 29 imposed at the rate o f tw o per centum per annum upon the average dailyamount o f its circulating notes outstanding in excess o f 100 per centum o f its capital stock, and not in excess o f 150 per centum o f such capital stock, and a duty im posed at the rate o f six percentum per annum upon the average daily amount o f such notes outstanding in excess o f 150 per centum o f its capital stock. Circulating notes o f any National Reserve Bank shall be deemed and held to be outstanding whenever they shall have been supplied by the Federal Reserve Board to such bank, in blank, registered and countersigned according to law, and shall not have been returned to the Board for cancellation or covered by an equal amount o f lawful m oney deposited with the Treasurer o f the United States for the retirement o f such notes. S ection 33. That in order to enable the said Treasurer to assess the duties imposed by the preceding section, the Chairman o f the Federal Reserve Committee shall, within five days from the first day o f each calendar month, make a return to the Treasurer o f the United States, in such form as he may prescribe, o f the average daily amount o f circulating notes o f each National Reserve Bank outstanding during the calendar month next preceding. And every National Reserve Bank shall be notified by said Treasurer o f the United States within ten days from the first day o f each calendar month o f the amount o f the duties upon its circulating notes due from it to the United States, under this act, and every such Association shall, before the last day o f such calendar month, pay to the said Treasurer in lawful m oney the full amount o f such tax; and whenever any Association fails to pay the duties imposed by this Act, the sum due may be collected in the manner provided for the collection o f taxes; and while such default continues no further amount o f circulating notes shall be issued to such defaulting Reserve Bank. S ection 34. That every National Banking Association shall pay into the Treasury of the United States each half year, in the months o f January and July, on or before the thirteenth day thereof, a duty o f one-eighth o f one per centum upon the value o f its franchise as measured by the aggregate amount o f its capital, surplus, and undivided profits, upon the last day o f the calendar month next preceding. Sections 5213, 5215, and 5216 and 5217 o f the Revised Statutes o f the United States are hereby repealed. But nothing in this section contained shall be so construed as in anv manner to release any National Banking Association from any liability for taxes or penalties incurred prior to the passage o f this Act. S ection 35. That from and after the passage o f this act the stockholders o f every National Banking Association shall be held individually responsible for all contracts, debts, and engagem ents o f such Association, each to the amount o f his stock therein, at the par value thereof in addition to the amount invested in such stock. The stockholders in any National Banking A ssociation w ho shall have transferred their shares, or registered the transfer thereof, within sixty days next before the date o f the failure o f such Association to meet its obligations, shall be liable to the same extent as if they had made no such transfer; but this provision shall not be con strued to affect in any w ay any resources which such shareholders might otherwise have against those in w hose names such shares are registered at the time o f such failure. S ection 36. That section 324 o f the Revised Statutes o f the United States be amended so as to read as follow s: “ There shall be in the Department o f the Treasury a Bureau charged, except as in this act otherwise provided, with the execution o f all laws passed by Congress relating to the issue and regulation o f currency issued by National Banking Associations, the chief officer o f which Bureau shall be called the Com ptroller o f the Currency, and shall perform his duties under the general direction o f the Secretary o f the Treasury, acting as the Chairman o f the Federal Reserve Board.” S ection 37. That the examination o f the affairs o f every National Bank ing Association authorized by existing law, shall take place at least twice in each calendar year, and as much oftener as the Com ptroller o f the 30 Currency shall consider necessary in order to furnish a full and com plete knowledge o f its condition; and the person making such examination shall have power to call together a quorum o f the directors of such Association, w ho shall, under oath, state to such examiner the character and circum stances o f such o f its loans and discounts as he may designate; and from and after the passage o f this act all bank examiners shall receive fixed salaries, the amount w hereof shall be determined by the Secretary o f the Treasury and shall be annually reported to Congress. But the expense o f the examinations herein provided for shall be assessed by the Com ptroller o f the Currency upon the Association examined. The Com ptroller o f the Currency shall so arrange the duties o f National Bank examiners that no tw o successive examinations o f any Association shall be made by the same examiner. In addition to the examination made and conducted by the Com ptroller o f the Currency, every National Reserve Bank shall with the approval o f the Federal Reserve Board arrange for periodical examinations o f the banks within its district. Such examinations shall be so conducted as to inform the National Reserve Bank under whose auspices it is conducted o f the condition o f its m em ber or stockholding banks and o f the lines o f credit which are being granted by them. Every National Reserve Bank shall at all times be bound to furnish to the Federal Reserve Board such inform a tion as may be demanded by the latter concerning the condition o f any National Bank organized within the district in which the said National Reserve Bank is located, and it shall have power at all times to order special examinations without notice o f the condition o f its member o f stock holding banks. S ection 38. That no Association shall hereafter make any loans or grant any gratuity to any examiner o f such Association. Any Association offending against this provision shall be deemed guilty o f a misdemeanor, and shall be fined not more than $1,000 and a further sum equal to the money so loaned or guaranty given; and the officer or officers o f such Association making such loan or granting such gratuity shall be likewise deemed guilty o f a misdemeanor, and shall be fined not to exceed $500. Any examiner accepting a loan or gratuity from any Association examined by him shall be deemed guilty o f a misdemeanor, and shall be fined not more than $500, and a further sum equal to the money so loaned or gratuity given. S ection 39. That any National Banking Association not situated in a Reserve City o f Central Reserve City may make loans secured by improved and unencumbered farm land, and so much o f section , Revised Statutes, as prohibits the making o f such loans by banks so situated shall be and the same is hereby repealed, provided, that no such loan shall be made to an amount exceeding 50 per centum o f the actual value o f the property offered as security, and such properties shall be situated within the National Reserve district in which the said bank is located; and provided further that the aggregate amount o f such loans made by any one bank shall not exceed a sum equal to 25 per cent o f the capital and surplus, unimpaired, o f such bank. S ection 40. That the Comptroller o f the Currency, in addition to the reports provided for by existing law, shall have authority to call for such other reports, regular or special, as he may deem advisable; and such reports shall be rendered in such form as the Comptroller may prescribe; and each Association making such report shall cause a copy thereof to be conspicuously displayed in a public place in its banking house for the period o f thirty days from the date o f such report; but nothing herein contained shall be construed to require the publi cation o f such additional reports by each Association in the manner prescribed for other reports now rendered. S ection 41. That banking corporations for carrying on the business o f banking in foreign countries and in aid o f the Commerce o f the United States with foreign countries and to act when required as fiscal agents o f the United States in such countries may be formed by any number o f persons, not less in any case than five, who shall enter into articles o f association which shall specify in general terms the object for which the banking corporation is formed, and may contain any other provisions not inconsistent with the provisions o f this 31 section which the banking corporation may see fit to adopt for the regulation and conduct o f its business and affairs, which said regulations shall be signed, in duplicate, by the persons uniting to form the banking corporation, and one copy thereof shall be forwarded to the Comptroller o f the Currency and the other to the Secretary o f State, to be filed and preserved in their offices. That the persons uniting to form such banking corporation shall, under their hands, make an organization certificate which shall specify, first, the name as sumed by such banking corporation, which name shall be subject to approval by the Com ptroller; second, the foreign country or countries or the dependencies o f the United States where its banking operations are to be carried on ; third, the place in the United States where its home office shall be located; fourth, the amount o f its capital stock and the number o f shares into which the same shall be divided; fifth, the names and places o f residence o f the shareholders and the number o f shares held by each o f them; and sixth, a declaration that said certificate is made to enable such persons to avail themselves o f the advan tages o f this section. That no banking corporation shall be organized under the provisions o f this section with a less capital than two million dollars, which shall be fully paid in before the banking corporation shall be authorized to commence business, and the fact o f said payment shall be certified by the Comptroller o f the Currency, and a copy o f his certificate to this effect shall be filed with the Secretary o f State; Provided, That the capital stock o f any such bank may be increased at any time by a vote o f two-thirds o f its shareholders, with the approval o f the Comptroller o f the Currency, and that the capital stock o f any such bank which exceeds two million dollars may be reduced at any time to the sum o f two million dollars by the vote o f the shareholders owning two-thirds o f the capital. That every banking corporation formed pursuant to the provisions o f this section shall for a period o f twenty years from the date o f the execution o f its organization certificate be a body corporate, but shall not be authorized to receive the deposits in the United States nor transact any domestic business not necessarily related to the business being done in foreign countries or in the de pendencies o f the United States. Such banking corporations shall have authority to make acceptances, buy and sell bills o f exchange or other commercial paper relating to foreign business, and to purchase and sell securities, including securi ties o f the United States or o f any State in the Union. Each banking corpora tion organized under the provisions o f this section shall have power to establish and maintain for the transaction o f its business a branch or branches in foreign countries, their dependencies, or the dependencies o f the United States at such places and under such regulations as its board o f directors may deem expedient. A majority o f the shares o f the capital stock o f such banking corporation shall be held and owned by citizens o f the United States or corporations char tered under the laws o f the United States or o f any State o f the Union, and a majority o f the members o f the board o f directors o f such banking corporations shall be citizens o f the United States. Each director shall own in his own right at least one hundred shares o f the capital stock o f the banking corporation o f which he is a director. Whenever the Comptroller shall become satisfied o f the insolvency o f any such banking corporation he may appoint a receiver, who shall proceed to close up such corporation in the same manner in which he would close a national bank, the disposition o f the assets o f the branches to be subject to any special provi sions o f the laws o f the country under whose jurisdiction such assets are located. The annual meeting o f every such banking corporation shall be held at its home office in the United States, and every such banking corporation shall keep at its home office books containing the names o f all stockholders o f such banking corporation and members o f its board o f directors, together with copies o f the reports furnished by it to the Comptroller o f the Currency exhibiting in detail and under appropriate heads the resources and liabilities o f the banking corpora tion. Every such banking corporation shall make reports to the Comptroller o f the Currency at such times as he may require, and shall be subject to examina tions when deemed necessary by the Comptroller o f the Currency through ex aminers appointed by him; the compensation o f such examinations to be fixed by the Comptroller o f the Currency. 32 Any such banking corporation may go into liquidation and be closed by the vote o f its shareholders owning two-thirds o f its stock. Any bank doing business in the United States being the owner o f stock in any National Reserve Bank may subscribe to the stock o f any banking corpora tion organized under the provisions o f this section, but the aggregate o f such stock held by any one bank shall not exceed ten per centum o f the capital stock o f the subscribing bank. S ection 42. That nothing contained in this Act shall be construed to alter or affect any vested rights o f property or contract, or any penalty incurred before the taking effect o f this Act or any part o f it, and all provisions o f law inconsistent with or superseded by any o f the provisions o f this Act be and the same are hereby repealed. 33 (CONFIDENTIAL—COMMITTEE PRINT.) 63D CONGRESS, 1ST SE SSIO N . S. In the Senate of the United States May Mr. ,1913. introduced the following bill; which was read twice and referred to the Committee on Banking and Currency. A BILL T o establish associations o f national and other banks and trust companies, to be known as reserve banks, under the supervision o f a National Currency Board, to mobilize reserves, to provide additional circulation when required for national commerce, and for other purposes. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled. D E F IN IT IO N S . That the term “ reserve bank,” as used in this Act, means a reserve bank incorporated in accordance with the terms h e re o f; “ Member bank” means one o f the subscribing banks o f a reserve bank; “ Reserve district” means one o f the districts within which a reserve bank is located under the authority o f this A c t; “ Prime commercial paper” means a commercial bill, payable within four months, signed by at least two persons, either o f whom shall be good for such bill and one o f whom shall be a member bank, such commercial bill to be based upon an actual commercial transaction and not to be based upon a permanent investment; “ Treasury gold note” means a note issued by the United States Treasury, based on the credit o f the United States and printed in the form to be pre scribed by the National Currency Board, payable on demand at any reserve bank or at the Treasury o f the United States; “ The National Currency Board” shall mean the board o f governors o f the national currency, as described in this Act. S ection 2. That the New England Reserve Bank, the Eastern Reserve Bank, the Southeastern Reserve Bank, the Southern Reserve Bank, the Central States Reserve Bank, the Rocky Mountain Reserve Bank, the Southwestern Re serve Bank, and the Pacific Reserve Bank be, and are hereby, created and estab lished for a term o f thirty years from the date o f filing with the Comptroller o f the Currency a certificate o f paid-in capital stock as hereinafter provided. The head office o f the New England Reserve Bank shall be located in Boston, o f the Eastern Reserve Bank in New York, o f the Southeastern Reserve Bank in Atlanta, o f the Southern Reserve Bank in New Orleans, o f the Central States Reserve Bank in Chicago, o f the Southwestern Reserve Bank in Kansas City, o f the Rocky Mountain Reserve Bank in Denver, and o f the Pacific Reserve Bank in San Francisco. T E R M S O F SU B S C R IP T IO N S . That within six months from the date o f the passage o f this Act every national bank shall subscribe to the capital o f the reserve bank o f its district, to an amount equal to twenty per centum o f the paid-in and unimpaired and surplus capital o f the subscribing bank, and not more nor less. S ection 3. 34 Fifty per centum o f the subscriptions to the capital stock o f the reserve bank shall be fully paid in within six months at the time and places fixed by the National Currency Board, and the remainder o f the subscriptions, or any part thereof, shall become a liability o f the subscribers, subject to call and pay ment thereof, whenever necessary to meet the obligations o f the reserve bank, under such terms and in accordance with such regulations as the board o f directors o f the reserve bank may prescribe. Any bank or trust company incorporated under the laws o f any State or o f the District o f Columbia may subscribe to the capital o f the reserve bank o f its district according to the same terms and proportions as a national bank if it complies with the following conditions: First. That (a ) it shall have a paid-in and unimpaired capital o f not less than that required for a national bank in the same locality; and, (b ) if a trust company, it shall have an unimpaired capital and surplus o f fifty per centum more than the amount o f capital required for a national bank in the same locality. Second. Keep a like reserve as required o f the national banks in their own vaults and with the reserve bank. Third. Agree to proper examinations as may be required by the National Currency Board. Fourth. That it shall agree to comply with all other requirements and conditions imposed by this A ct and regulations made in conformity therewith. N o member bank shall serve as an intermediary by which any bank or trust company, not a stockholder o f a reserve bank, shall receive the benefits arising under the provisions o f this Act. N o member bank shall pay interest upon the funds o f other banks or trust companies deposited with it. T H E O R G A N IZ A T IO N C O M M ITTE E . S ection 4. That the Secretary o f the Treasury, the Attorney General, and the Comptroller o f the Currency are hereby designated a committee to effect the organization o f the reserve banks. They shall divide the entire country into eight districts, which shall be apportioned with due regard to the convenient and customary course o f business and not necessarily along State lines, and within sixty days after the passage o f this Act they shall provide for the opening o f books for subscriptions to the capital stock o f the reserve banks. The neces sary expenses o f this committee shall be paid out o f the Treasury upon vouchers approved by the members o f said committee, and the Treasury shall be reim bursed by the reserve banks to the full amount paid out therefor. The subscribing banks uniting to form a reserve bank shall make and file with the Comptroller o f the Currency an organization certificate in the form and manner described in sections fifty-one hundred and thirty-four, fifty-one hundred and thirty-five^ and fifty-one hundred and thirty-six, Revised Statutes o f the United States, signed by their authorized representatives, and they shall then become a body corporate, and, as such, shall have power to perform all those acts, enjoy all those privileges, and exercise all those powers described in section fifty-one hundred and thirty-six, Revised Statutes, save in so far as the same shall be limited or extended by the provisions o f this Act. T H E B O A R D S A N D O FFIC E R S O F T H E R E S E R V E BA N K S. S ection 5. That each reserve bank shall be organized and conducted under the oversight and control o f a board o f directors, whose powers shall be the same as those conferred upon the boards o f directors o f national banking asso ciations under existing law, except as otherwise provided in this Act. Such boards shall consist o f nine members holding office for six years, to be chosen in the follow ing manner : Six directors shall be elected by the several subscribing banks, each bank having one unit o f voting power for each million or fraction thereof o f its capital. Each unit o f voting power shall have as many votes as there are direc tors to be elected, and these votes may be given in favor o f any or all o f the candidates for election. Three directors shall be appointed by the President o f the United States from a list furnished by the National Currency Board to be hereafter provided for, and shall fairly represent the agricultural, commercial, manufacturing, and other interests o f the district. 35 The manager o f the reserve bank shall be elected by the board o f directors o f the bank and shall thereafter be ex officio presiding officer o f that board, but shall have no vote unless the board be equally divided. Unitl the organization o f the National Currency Board and the appointments o f its representatives upon the board o f a reserve bank the elected members o f such board shall have full power to act. N o director o f a reserve bank shall be, while serving, an officer or a director o f any bank or trust company. A t the first meeting o f the full board o f directors o f each reserve bank the members o f the board shall be divided into three classes, whose terms o f office shall expire at intervals o f two, four, and six years, respectively, estimated from the first day o f January, nineteen hundred and fourteen. T w o o f the directors chosen by the member banks and one o f the directors appointed by the Presi dent shall belong to each class. Thereafter all directors chosen as hereinbefore provided shall be chosen fo r terms o f six years. B O A R D OF G O V E R N O R S OF T H E N A T IO N A L CU RREN CY. That there shall be created a board o f governors o f the national currency, to consist o f seven members, including the Secretary o f the Treasury, the Secretary o f Agriculture, and the Comptroller o f the Currency, ex officio, and four governors, to be appointed by the President o f the United States, and to serve subject to his will, one o f whom shall be distinguished for his practical knowledge o f the commerce o f the United States, one for his practical knowledge o f the manufacturing business, one for his practical knowledge o f transportation, and one who shall be distinguished for his knowledge o f banking and credit. The Secretary o f the Treasury shall be ex officio chairman, but the board o f governors may select its own chairman pro tempore. All expenses o f the board, including the cost o f necessary offices and the salaries o f its members, shall be apportioned among and paid by the reserve banks in proportion to their capital. The salaries o f the members o f the board shall be determined by a majority o f the reserve banks, each bank having one vote, and no salary shall be reduced during the term o f an appointment. The National Currency Board shall have authority to make by-laws not inconsistent with law, which shall prescribe the manner in which the duties o f the board shall be fulfilled and the privileges granted to it by law exercised and enjoyed. S ection 6. C A P IT A L O F T H E R E S E R V E BA N K S. That each reserve bank shall have an authorized capital equal in amount to twenty per centum o f the paid-in and unimpaired capital and surplus o f all banks eligible for membership in the said reserve bank. Such reserve bank shall be authorized to commence business upon the approval o f the National Currency Board and a certificate o f the Comptroller o f the Currency. The capital stock o f the reserve bank shall be divided into shares o f $100 each. These shares shall not be transferable, and under no circumstances shall they be hypothecated, nor shall they be owned otherwise than by member banks, nor shall they be owned by any such bank other than in the proportions herein provided. In case a member bank increases its capital it shall thereupon subscribe for an additional amount o f the capital o f its reserve bank, equal to twenty per centum o f the member bank’s increase o f capital, paying therefor the then book value as shown by the last published statement o f said reserve bank. A bank applying for membership in a reserve bank at any time after its formation must subscribe for an amount o f the capital o f said reserve bank equal to twenty per centum o f the capital and surplus o f the subscribing bank, paying therefor its then book value as shown by the last published statement. In case a member bank reduces its capital it shall surrender a proportionate amount o f its holdings in the capital o f said reserve bank, and if a member bank goes into voluntary liquidation it shall surrender all o f its holdings o f the capital o f said reserve bank. In either case the shares surrendered shall be canceled, and the member bank shall receive in payment therefor from the reserve bank a sum equal to the then book value o f the reserve bank as shown by its last published statement, and the capital o f the reserve bank shall be reduced corre spondingly. . I f any member bank shall become insolvent and a receiver be appointed, the S ection 7. 36 stock held by it in said reserve bank shall be canceled, the insolvent bank credited with the value thereof, and the balance, after paying all debts due by such in solvent bank to said reserve bank (such debts being hereby declared to be a first lien upon the paid-in capital stock held by such mem ber), shall be paid to the receiver o f the insolvent bank. Except as hereinbefore provided, no member bank may withdraw from membership in a reserve bank until after one year’s notice o f such intention to withdraw, and in such case the member bank shall receive from the reserve bank a sum equal to the book value o f its stock on the date o f withdrawal. A certificate o f all increases and decreases o f the capital o f each reserve bank shall be immediately filed with the Comptroller o f the Currency. Each reserve bank shall cause to be kept at all times a full and correct list o f the names o f the banks owning its stock and the number o f shares held by each. Such list shall be subject to inspection o f all the shareholders o f the Reserve bank, and a copy thereof shall be transmitted on the first o f July o f each year to the Comptroller o f the Currency and at any other time required by the Comptroller o f the Currency. E A R N IN G S OF T H E R E S E R V E B A N K S. S ection 8. That the earnings o f each reserve bank shall be disposed o f in the follow ing manner: A fter the payment o f all expenses, including the ex penses o f the National Currency Board, the shareholders shall be entitled to receive an annual dividend o f five per centum on the paid-in capital, which dividend shall be cumulative. Further annual net earnings shall be paid into the surplus fund o f the reserve bank until that fund shall amount to twenty per centum o f the paid-in capital, and thereafter all earnings in excess o f five per centum per annum shall be paid to the United States. The reserve bank shall be exempt from local and State taxation, except in respect to taxes upon real estate and from all Federal taxes except such as are provided by this Act. F U N C T IO N S O F T H E R E S E R V E BA N K S. S ection 9. That the reserve banks shall be the fiscal agents o f the United States. All moneys now held in the general fund o f the Treasury shall, within six months from the passage o f this Act, be deposited in the reserve banks, and thereafter the revenues o f the Government shall be deposited in such banks and disbursements shall be made by check drawn against such deposits. It shall be the duty o f the National Currency Board herein established to apportion the funds and revenues o f the Government among the several reserve banks. The Government o f the United States, reserve banks owning stock in a reserve bank, and the officers o f the United States shall be the only depositors in such banks. All domestic transactions o f the reserve banks shall be confined to the Government, the officers o f the United States, member banks and other reserve banks, with the exception o f the purchase or sale o f Government or State securities or securities o f foreign governments, or o f gold coin or bullion. N o reserve bank shall pay interest on deposits. A reserve bank may discount, purchase, and sell notes, bills o f exchange, and acceptances issued or drawn for agricultural, industrial, or commercial pur poses, provided, first, that they have no more than three months to run, and, second, that they bear the indorsement o f one or more o f its member banks. The amount so discounted for any subscriber shall at no time exceed the capital and surplus o f the subscribing bank. The aggregate o f such notes, bills, and acceptances made by any one person, company, firm, or corporation discounted for any one bank shall at no time exceed ten per centum o f the unimpaired capital and surplus o f said banks. A reserve bank may discount and purchase notes, bills, and acceptances o f the character above described from another reserve bank, provided that they bear the indorsement o f said reserve bank. A reserve bank may, with the specific approval o f the National Currency Board, discount the direct obligation o f one o f its member banks: Provided, That the application is secured by the pledge and deposit with it o f satisfactory securities, which shall be held by the reserve bank. In no case shall the amount loaned by the reserve bank exceed three-fourths o f the value o f the security so 37 pledged, and in case the value o f such security should depreciate, the reserve bank may require additional collateral to the extent o f such depreciation. A reserve bank may invest in United States bonds, also in obligations having not more than one year to run o f the United States or its dependencies, or of any State, or o f foreign governments. A reserve bank may, with the consent o f the National Currency Board, open and maintain banking accounts in foreign countries and establish agencies in such countries for the purpose o f purchasing, selling, and collecting foreign bills o f exchange and foreign government obligations o f the kinds named in this Act, and it shall have authority to buy and sell, with or without its indorse ment, checks or bills o f exchange, payable in foreign countries, arising out o f commercial transactions which have not exceeding ninety days to run and which bear the signature o f two or more responsible parties. A reserve bank may purchase, acquire, hold, and convey real estate for the same purposes and under the same restrictions as are described in section fiftyone hundred and thirty-seven, Revised Statutes o f the United States, for the national banks. The reserve banks shall have power to lend to and borrow from each other, to deal in gold coin or bullion, to make loans thereon, and to contract for loans o f gold coin or bullion, giving therefor, when necessary, acceptable security. A reserve bank shall, upon request, transfer any part o f the deposit balance o f any depositor to the credit o f any other depositor in any reserve bank. The regulations under which such transfer shall be made and the transfer charges shall be fixed by the National Currency Board. F U N C T IO N S O F T H E B O A R D O F G O V E R N O R S O F T H E N A T IO N A L C U RRE N CY . S ection 10. That the National Currency Board shall be authorized and empowered— First. T o exercise general supervision over the reserve banks and to ex amine at will the accounts and books o f national banks and o f all reserve banks. Second. T o determine the apportionment o f Treasury deposits and revenues among the national reserve banks. Third. T o readjust the boundaries o f the districts o f the reserve banks and to authorize the establishment o f agencies within these districts whenever in their opinion the business o f the country requires. Fourth. T o provide regulations and to establish charges for the transfer o f deposits from accounts kept with one reserve bank to accounts kept with another. Fifth. T o supervise the issue o f national currency as provided by this Act. Sixth. T o suspend for a period not exceeding thirty days (and to renew such suspension for a period not to exceed fifteen days) any and every reserve requirement specified in this Act. R E S E R V E S O F M E M B E R BAN KS. That within two years from the date when the Secretary o f the Treasury shall have officially announced that a reserve bank has been established within a given district, and as rapidly as practicable, every m em ber bank within the said district shall establish and thereafter main tain a reserve of cash in its ow n vaults, or o f balance with the reserve bank, equal to not less than fifteen per centum o f its total outstanding demand liabilities, and o f this reserve no less than one-half shall be kept as a balance with the reserve bank. A ll liabilities maturing within thirty days shall be construed to be demand liabilities within the meaning o f this Act. A ll A cts or parts o f A cts requiring the maintenance o f other reserves in national banks against demand liabilities are hereby repealed. S ection 11. R E S E R V E S O F T H E R E S E R V E BAN KS. S ection 12. That all demand liabilities o f a reserve bank shall be covered to the extent o f fifty per centum by a reserve o f gold (including gold bullion and foreign gold coin) or other legal tender m oney o f the United States: Provided, That W henever and so long as such reserve shall fall and remain below fifty per centum the reserve bank shall pay for the first month or fraction thereof a special tax at the rate o f five per centum per annum 38 upon the deficiency o f the reserve, and thereafter an additional tax o f one per centum per annum for each month until a tax of ten per centum per annum is reached, and thereafter such tax o f ten per cent per annum upon the average amount o f such notes. W henever and so long as such a deficiency in the reserve exists the minimum discount rate with the reserve banks shall be maintained at not less than the rate o f the tax. N O T E C IR C U L A T IO N . That the Comptroller o f the Currency is hereby authorized, with the approval and under regulations to be prescribed by the National Currency Board, to issue United States Treasury gold notes to the reserve banks, said notes to be redeemable in gold on presentation at any reserve bank, or at the office o f the Treasurer o f the United States. The United States shall have a paramount lien upon all o f the assets o f the reserve bank to which said notes are issued to the extent o f such notes retained by said reserve bank, and until such notes or an equal amount o f lawful m oney are returned to the Treasury o f the United States. A ny reserve bank receiving such notes shall be required to redeem them on demand, in gold, and shall set apart in its own vaults prime commercial paper as collateral security for the return o f such notes, or an equivalent in lawful m oney, to the Treasurer o f the United States. Such Treasury gold notes shall be issued in a form to be prescribed by the National Currency Board. A reserve bank to which such Treasury gold notes are issued shall pay during the first four months during which such notes are held and retained at the rate o f three per centum per annum for the use o f such notes, and at the rate o f one per centum per annum for each additional month or fraction thereof until a tax o f ten per centum per annum is reached, and thereafter a tax o f ten per centum per annum upon the average amount o f such notes until they are returned to the Treasury. S ection 13. M EMORANDUM . N O T E .— The security o f these notes is first, a first lien on the assets o f the reserve bank; second, prime com m ercial paper o f like amount collateral in the hands o f the bank; third, the credit o f the United States. T h e banks will have abundant gold in their hands to keep these notes at par. A ny person desiring gold can easily get gold on the thousands of millions o f outstanding gold certificates. These notes for commercial purposes intended to be used as a means o f discounting prime commercial paper and furnishing a prom pt and open market for prime com m ercial paper w ould be distributed to the local banks desiring currency for m oving the crops, etc. The United States Government might, if it were deemed worth while at all, acquire a small gold deposit to cover any o f these notes offered for redemption in gold at the Treasury. The Subtreasury should be abolished and the Governm ent deposits placed with the reserve banks. The currency board should have authority to require the reserve banks to keep an open account with the Treasurer o f the United States and each o f them. R E P O R T S A N D E X A M IN A T IO N S . That the reserve banks shall make reports showing the prin cipal items o f their balance sheets to the Com ptroller o f the Currency once a week, which reports shall be made public. In addition, full reports shall be made to the Com ptroller o f the Currency by the reserve bank and coinci dent with the five reports called for each year from the national banks. The National Currency Board shall, as often as deemed necessary or proper, directly or through representatives, examine the affairs o f the reserve banks. All m em ber banks shall, under regulations to be prescribed by the National Currency Board, report monthly, or oftener, if required, to their reserve banks, show ing the principal items o f their balance sheets. It shall be the duty o f a reserve bank to examine the condition o f all S ection 14. 39 m em ber banks at such times and under such regulations as the National Currency Board may determine. The reserve bank may, however, accept for this purpose copies o f the reports o f the national-bank examiners o f mem ber national banks and also copies o f the reports o f State bank examiners for m em ber State banks and trust companies in States where the furnishing o f such inform ation is not contrary to law. A reserve bank may make such payments to national and State ex aminers for such services required o f them as the directors may consider just and equitable. All reports o f national-bank examiners in regard to the condition o f banks shall hereafter be made in duplicate, and one copy shall be filed with the appropriate reserve bank for the confidential use o f its executive officers. The reports o f all examinations conducted by or for the reserve banks shall be held strictly confidential and for the exclusive use o f the executive officers o f the reserve bank. 40