Other People's Money, and How the Bankers Use ItBrandeis, Louis Dembitz
History
Other People's Money, and How the Bankers Use It
Brandeis, Louis Dembitz
Banks and banking -- United States; Finance -- United States
The directors and officers of banking institutions must, of course, be
entrusted with wide discretion in the granting or denying of loans.
But that discretion should be exercised, not only honestly as it
affects stockholders, but also impartially as it affects the public.
Mere honesty to the stockholders demands that the interests to be
considered by the directors be the interests of all the stockholders;
not the profit of the part of them who happen to be its directors.
But the general welfare demands of the director, as trustee for the
public, performance of a stricter duty. The fact that the granting of
loans involves a delicate exercise of discretion makes it difficult
to determine whether the rule of equality of treatment, which every
public-service corporation owes, has been performed. But that
difficulty merely emphasizes the importance of making absolute the
rule that banks of deposit shall not make any loan nor engage in any
transaction in which a director has a private interest. And we should
bear this in mind: If privately-owned banks fail in the public duty to
afford borrowers equality of opportunity, there will arise a demand for
government-owned banks, which will become irresistible.
The statement of Mr. Justice Holmes of the Supreme Court of the United
States, in the Oklahoma Bank case, is significant:
“We cannot say that the public interests to which we have adverted,
and others, are not sufficient to warrant the State in taking the
whole business of banking under its control. On the contrary we are of
opinion that it may go on from regulation to prohibition except upon
such conditions as it may prescribe.”
OFFICIAL PRECEDENTS
Nor would the requirement that banks shall make no loan in which a
director has a private interest impose undue hardships or restrictions
upon bank directors. It might make a bank director dispose of some of
his investments and refrain from making others; but it often happens
that the holding of one office precludes a man from holding another, or
compels him to dispose of certain financial interests.
A judge is disqualified from sitting in any case in which he has even
the smallest financial interest; and most judges, in order to be free
to act in any matters arising in their court, proceed, upon taking
office, to dispose of all investments which could conceivably bias
their judgment in any matter that might come before them. An Interstate
Commerce Commissioner is prohibited from owning any bonds or stocks in
any corporation subject to the jurisdiction of the Commission. It is
a serious criminal offence for any executive officer of the federal
government to transact government business with any corporation in the
pecuniary profits of which he is directly or indirectly interested.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account