Other People's Money, and How the Bankers Use ItBrandeis, Louis Dembitz
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Other People's Money, and How the Bankers Use It
Brandeis, Louis Dembitz
Banks and banking -- United States; Finance -- United States
But the compelling reason for prohibiting interlocking directorates
is neither the protection of stockholders, nor the protection of
the public from the incidents of inefficiency and graft. Conclusive
evidence (if obtainable) that the practice of interlocking directorates
benefited all stockholders and was the most efficient form of
organization, would not remove the objections. For even more important
than efficiency are industrial and political liberty; and these are
imperiled by the Money Trust. _Interlocking directorates must be
prohibited, because it is impossible to break the Money Trust without
putting an end to the practice in the larger corporations._
BANKS AS PUBLIC-SERVICE CORPORATIONS
The practice of interlocking directorates is peculiarly objectionable
when applied to banks, because of the nature and functions of those
institutions. Bank deposits are an important part of our currency
system. They are almost as essential a factor in commerce as our
railways. Receiving deposits and making loans therefrom should be
treated by the law not as a private business, but as one of the public
services. And recognizing it to be such, the law already regulates
it in many ways. The function of a bank is to receive and to loan
money. It has no more right than a common carrier to use its powers
specifically to build up or to destroy other businesses. The granting
or withholding of a loan should be determined, so far as concerns the
borrower, solely by the interest rate and the risk involved; and not
by favoritism or other considerations foreign to the banking function.
Men may safely be allowed to grant or to deny loans of their _own_
money to whomsoever they see fit, whatsoever their motive may be. But
bank resources are, in the main, not owned by the stockholders nor by
the directors. Nearly three-fourths of the aggregate resources of the
thirty-four banking institutions in which the Morgan associates hold
a predominant influence are represented by deposits. The dependence of
commerce and industry upon bank deposits, as the common reservoir of
quick capital is so complete, that deposit banking should be recognized
as one of the businesses “affected with a public interest.” And the
general rule which forbids public-service corporations from making
unjust discriminations or giving undue preference should be applied to
the operations of such banks.
Senator Owen, Chairman of the Committee on Banking and Currency, said
recently:
“My own judgment is that a bank is a public-utility institution and
cannot be treated as a private affair, for the simple reason that
the public is invited, under the safeguards of the government, to
deposit its money with the bank, and the public has a right to have
its interests safeguarded through organized authorities. The logic
of this is beyond escape. All banks in the United States, public
and private, should be treated as public-utility institutions,
where they receive public deposits.”
Public-domain text, read in full here on John Shaqi.
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