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
The Money Trust cannot be destroyed unless all _classes_ of
corporations are included in the prohibition of interlocking directors
and of transactions by corporations in which the management has a
private interest. But it does not follow that the prohibition must
apply to _every_ corporation of each class. Certain exceptions are
entirely consistent with merely protecting the public against the Money
Trust; although protection of minority stockholders and business ethics
demand that the rule prohibiting a corporation from making contracts in
which a director has a private financial interest should be universal
in its application. The number of corporations in the United States
Dec. 31, 1912, was 305,336. Of these only 1610 have a capital of more
than $5,000,000. Few corporations (other than banks) with a capital
of less than $5,000,000 could appreciably affect general credit
conditions either through their own operations or their affiliations.
Corporations (other than banks) with capital resources of less than
$5,000,000 might, therefore, be excluded from the scope of the statute
for the present. The prohibition could also be limited so as not to
apply to any industrial concern, regardless of the amount of capital
and resources, doing only an intrastate business; as practically all
large industrial corporations are engaged in interstate commerce. This
would exclude some retail concerns and local jobbers and manufacturers
not otherwise excluded from the operation of the act. Likewise banks
and trust companies located in cities of less than 100,000 inhabitants
might, if thought advisable, be excluded, for the present if their
capital is less than $500,000, and their resources less than, say,
$2,500,000. In larger cities even the smaller banking institutions
should be subject to the law. Such exceptions should overcome any
objection which might be raised that in some smaller cities, the
prohibition of interlocking directorates would exclude from the bank
directorates all the able business men of the community through fear of
losing the opportunity of bank accommodations.
An exception should also be made, so as to permit interlocking
directorates between a corporation and its proper subsidiaries. And
the prohibition of transactions in which the management has a private
interest should, of course, not apply to contracts, express or
implied, for such services as are performed indiscriminately for the
whole community by railroads and public service corporations, or for
services, common to all customers, like the ordinary service of a bank
for its depositors.
THE POWER OF CONGRESS
The question may be asked: Has Congress the power to impose these
limitations upon the conduct of any business other than national banks?
And if the power of Congress is so limited, will not the dominant
financiers, upon the enactment of such a law, convert their national
banks into state banks or trust companies, and thus escape from
congressional control?
Public-domain text, read in full here on John Shaqi.
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