Business; Capitalists and financiers -- United States; Speculation; Wall Street (New York, N.Y.)
As to the authority of our savings banks to invest in these
securities, it is understood that the opinion of the
Attorney-General has been asked. On this point there is not much
room for question. Savings banks are prohibited by law from
investing in the stocks or bonds of any State that has within
ten years defaulted in the payment of any part of the principal
or interest of its debt. By a constitutional amendment adopted
in 1877, Georgia ratified previous acts of the Legislature
repudiating more than eight millions of its obligations. The
excuse given for this proceeding was that the State’s
obligations had not been lawfully contracted, and therefore were
not binding. On this ground it is claimed that Georgia
securities do not fall within the prohibition put by the law
upon the savings banks of New York. There would be some force in
this view if Georgia were sustained by any judicial decision
holding the bonds invalid. But it took advantage of that
principal which protects a State against suit by a citizen. It
decided the question by its own arbitrary edict It gave its
victimized creditors no voice in the matter. In the absence of
judicial support or warrant, its action can be regarded only as
a repudiation.
But if there were no legal obstacle in the way, prudence alone
should deter any savings institution from investing in the bonds
of a State that has so recently broken its faith and repudiated
its obligations. The managers of a savings bank hold an
exceptional trust. These institutions are the depositories of
the earnings of the poor. The first consideration in their
management is safety. With that end in view the law imposes the
most stringent regulations on their supervision and the
disposition of their funds. Their investments are properly
restricted to the safest and most unquestionable securities.
There is neither authority nor excuse for taking any risk. Let
individuals, if they wish, invest in Georgia bonds. That is
their own business. But the managers of a savings bank cannot
run any such risk without failing in their duty to thousands of
poor depositors.—_N. Y. Herald, July 17, 1885._
* * * * *
THE ATTORNEY-GENERAL’S DECISION.
The decision of the Attorney-General, as was expected, wisely prohibited
the savings banks of this State from risking any of the hard earnings of
their large number of depositors in such an uncertain security as
Georgia bonds.
The Bank Superintendent, Willis S. Paine, referring in his report of
March, 1886, to this decision, says:
Public-domain text, read in full here on John Shaqi.
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