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
“No officer or director of a national bank shall be an officer or
director of any other bank or of any trust company or other financial
or other corporation or institution, whether organized under state or
federal law, that is authorized to receive money on deposit or that is
engaged in the business of loaning money on collateral or in buying and
selling securities except as in this section provided; and no person
shall be an officer or director of any national bank who is a private
banker or a member of a firm or partnership of bankers that is engaged
in the business of receiving deposits: Provided, That such bank, trust
company, financial institution, banker, or firm of bankers is located
at or engaged in business at or in the same city, town, or village as
that in which such national bank is located or engaged in business:
Provided further, That a director of a national bank or a partner of
such director may be an officer or director of not more than one trust
company organized by the laws of the state in which such national bank
is engaged in business and doing business at the same place.”
_Second:_ The Committee recognizes that a corporation should not make
a contract in which one of the management has a private interest; but
it restricts this prohibition (1) to national banks, and (2) to the
officers, saying:
“No national bank shall lend or advance money or credit or purchase or
discount any promissory note, draft, bill of exchange or other evidence
of debt bearing the signature or indorsement of any of its officers
or of any partnership of which such officer is a member, directly
or indirectly, or of any corporation in which such officer owns or
has a beneficial interest of upward of ten per centum of the capital
stock, or lend or advance money or credit to, for or on behalf of any
such officer or of any such partnership or corporation, or purchase
any security from any such officer or of or from any partnership
or corporation of which such officer is a member or in which he is
financially interested, as herein specified, or of any corporation
of which any of its officers is an officer at the time of such
transaction.”
Prohibitions of intertwining relations so restricted, however
supplemented by other provisions, will not end financial concentration.
The Money Trust snake will, at most, be scotched, not killed. The
prohibition of a common director in potentially competing corporations
should apply to state banks and trust companies, as well as to national
banks; and it should apply to railroad and industrial corporations
as fully as to banking institutions. The prohibition of corporate
contracts in which one of the management has a private interest should
apply to directors, as well as to officers, and to state banks and
trust companies and to other classes of corporations, as well as to
national banks. And, as will be hereafter shown, such broad legislation
is within the power of Congress.
Let us examine this further:
Public-domain text, read in full here on John Shaqi.
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