Rural Wealth and Welfare: Economic Principles Illustrated and Applied in Farm LifeFairchild, Geo. T. (George Thompson)
Science
Rural Wealth and Welfare: Economic Principles Illustrated and Applied in Farm Life
Fairchild, Geo. T. (George Thompson)
Agriculture -- Economic aspects; Economics
_Usury laws._—It has been the custom for ages to distinguish between
interest and usury, interest being supposed to be a fair payment for use
of borrowed wealth and usury a larger payment in the distress of a
borrower. Usury once meant only use, the equivalent of interest, but since
it was once prohibited by law in England, the name is now attached to what
is still prohibited by law, an interest above a definite rate prescribed
by statute. The object of such legal restrictions is evidently protection
of the borrower against extortion. Yet it is practically proved by
experience of the world that such restrictions operate against the
borrower by limiting lenders in open market and sometimes closing the
market entirely. The would-be borrower, under adverse conditions in the
market, is obliged to find in some byway a lender whose scruples against
infringement upon the law may be overcome by extra payment. Under such
circumstances there is no market rate, and borrowers bind themselves in
numerous ways to special payments not in direct conflict with the letter
of the law. Evasions of restrictions under such circumstances are
inevitable. A farmer buys a hundred-dollar horse, giving a note, payable
in one year without interest, for $120; or he sells his note to a neighbor
at what he will give; or he goes to a broker and pays him a commission for
securing a loan at the legal rate of interest. Even at a bank, prohibited
by law from taking more than the legal discount on the pain of losing its
charter, a borrower may give his note for $500, tacitly agreeing to leave
on deposit a fifth of the sum, thus paying interest on $500 for the use of
$400.
All these forms of evasion are easily adopted with very little possibility
of conviction, even when usury is charged. Even in the most flagrant
violation of laws the chances of conviction are greatly restricted by the
fact that a prosecuting witness, who, after making a contract in violation
of law, takes advantage of that law to violate his contract, destroys all
credit for himself, and so comes under the ban of society. The best
methods of public restriction against extortion of any kind in interest,
in rent or in prices of commodities are those that provide for publicity
of contracts. Where no legal restrictions upon rates of interest are
fixed, current rates are much more likely to be public and widely
advertised, and extortion is less possible than where the law encourages
secret contracts by the need of evasion. It is quite possible that society
will find a way of securing against the extortion of pawn-shops and secret
brokerage by a public organization competing honestly for the same
patronage. Such companies have been organized in a few cities with success
in meeting the wants of the distressed, under such restrictions of charter
and management as insure fair dealing. It seems as possible to regulate
such matters by license and inspection as it is to control the hack-men of
a whole city.
Public-domain text, read in full here on John Shaqi.
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