"The plaintiffs are not members of the Federal Reserve System and
many of them have too small a capital to permit their joining it--a
capital that could not be increased to the required amount in the
thinly populated sections of the country where they operate. An
important part of the income of these small institutions is a charge
for the service rendered by them in paying checks drawn upon them
at a distance and forwarded, generally by other banks, through the
mail. The charge covers the expense incurred by the paying bank and a
small profit. The banks in the Federal Reserve System are forbidden
to make such charges to other banks in the System. It is alleged
that in pursuance of a policy accepted by the Federal Reserve Board
the defendant bank has determined to use its power to compel the
plaintiffs and others in like situation to become members of the
defendant, or at least to open a non-member clearing account with
defendant, and thereby under the defendant's requirements, to make
it necessary for the plaintiffs to maintain a much larger reserve
than in their present condition they need. This diminution of their
lending power coupled with the lose of the profit caused by the above
mentioned clearing of bank checks and drafts at par will drive some
of the plaintiffs out of business and diminish the income of all. To
accomplish the defendants' wish they intend to accumulate checks upon
the country banks until they reach a large amount and then to cause
them to be presented for payment over the counter or by other devices
detailed to require payment in cash in such wise as to compel the
plaintiffs to maintain so much cash in their vaults as to drive them
out of business or force them, if able, to submit to defendant's
scheme. It is alleged that the proposed conduct will deprive the
plaintiffs of their property without due process of law contrary to
the Fifth Amendment of the Constitution and that it is ultra vires.
The bill seeks an injunction against the defendants collecting checks
except in the usual way.
"The defendants say that the holder of a check has a right to present
it to the bank upon which it was drawn for payment over the counter,
and that however many checks he may hold he has the same right as to
all of them and may present them all at once, whatever his motive
or intent. They ask whether a mortgagee would be prevented from
foreclosure because he acted from disinterested malevolence and not
from a desire to get his money. But the word (right) is one of the
most deceptive of pitfalls; it is so easy to slip from a qualified
meaning in the premise to an unqualified one in the conclusion. Most
rights are qualified. A man has at least as absolute a right to give
his own money as he has to demand money from a party that has made
no promise to him; yet if he gives it to induce another to steal or
murder the purpose of the act makes it a crime.
Public-domain text, read in full here on John Shaqi.
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