Seventeen Talks on the Banking Question: Between Uncle Sam and Mr. Farmer, Mr. Banker, Mr. Lawyer, Mr. Laboringman, Mr. Merchant, Mr. ManufacturerFowler, Charles N. (Charles Newell)
History
Seventeen Talks on the Banking Question: Between Uncle Sam and Mr. Farmer, Mr. Banker, Mr. Lawyer, Mr. Laboringman, Mr. Merchant, Mr. Manufacturer
Fowler, Charles N. (Charles Newell)
Banks and banking -- United States; Currency question -- United States
"Although cognizant of these irregularities and of the accumulating
obligations in the bank of the president's private enterprises, the
Comptroller apparently could not or at all events did not take measures
to stop them by other means than those of expostulation and reproof
until matters became so bad that they simply could not be permitted to
go further.
"When at last drastic measures were decided upon the Comptroller and
the State Auditor, acting together on a Saturday afternoon after the
vaults of the three banks had been closed with time locks set for
Monday morning, notified our Clearing House committee that unless
provision were made for payment in full of the deposits none of the
banks would be permitted to open for business on Monday morning and
they would be put in the hands of receivers.
"Business conditions were strained and the time was therefore
particularly unfavorable for permitting the failure of three prominent
banks. The effects of such a calamity it was feared would have extended
far beyond the confines of Chicago.
"The situation was thus protected from a general disturbance of public
confidence, but it was done at the cost of a very heavy loss, foreseen
at the time and since realized by the participating banks.
"The statements of the National bank made five times a year to the
Comptroller's department, copies of which were rendered to the Clearing
House committee and on which it had implicitly relied, failed to
disclose these conditions.
"I have given you these details of this unfortunate affair because they
show so clearly the limitations of governmental supervision of banks
under our National banking law as it has been interpreted by the courts
and by the legal advisers of the Comptroller's department.
"Let me draw your attention to a few of the legal restrictions which
limit the Comptroller's power to act in such cases.
"1. Under the National Bank Act no obligation due a bank is considered
bad until interest is past due six months and not then if it is secured
or in process of collection.
"2. The Comptroller may appoint a receiver when he concludes that a
bank is insolvent. But here again he has been hampered by the legal
definition of insolvency, which is 'inability to pay current debts as
they mature.'
"3. The making of a National bank report to the Comptroller so long as
it is in accordance with the bank's books, however erroneous it may
be as to actual values, which alone disclose a bank's true condition,
cannot be construed as a misdemeanor.
Public-domain text, read in full here on John Shaqi.
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