of o (California IfTund g '^ e> LOANS AND INVESTMENTS U CONTRIBUTORS O. M. W. SPRAGUE Professor of Banking and Finance in Harvard University E. W. KEMMERER Professor of Banking and Economics in Princeton University H. PARKER WILLIS Secretary Federal Reserve Board THOMAS B. PATON General Counsel American Bankers Association HAROLD J. DREHER Assistant Cashier National City Bank of New York C. W. ALLENDOERFER Assistant Cashier First National Bank of Kansas City GEORGE E. ALLEN Educational Director American Institute of Banking Section American Bankers Association Messrs. Sprague, Kemmerer, Dreher, Allendoerfer and Allen are members of the Institute Board of Regent* American Institute of Banking Section American Bankers Association Five Nassau Street New York City Copyright 1916 By American Institute of Banking CONTENTS Chapter Page I. Commercial Loans 5 II. Agricultural Loans 51 III. Stocks and Bonds 97 IV. Collateral Loans 137 V. Seasonal Demands for Money 177 VI. International Exchange 216 VII. Bonds and Circulating Notes 255 LOANS AND INVESTMENTS CHAPTER I Commercial Loans BANKS are commonly thought of as being chiefly eng^ed in the business of lending money, but l ^)a matter of fact money loans make up a small part of their business. The invest- ments of savings banks are indeed limited to the funds which they have received from depositors, together with such amounts as have been set aside from profits as surplus, and also in the case of stock savings banks the amount received from subscriptions to capitaLstock. Other banks, includ- ing the banking departments of trust companies, while they must always be prepared to furnish money on demand, do not limit their loans and other investments to the funds received from de- positors and shareholders. They lend their credit as well, and thus create a large part of the funds utilized by borrowers. Banks other than savings banks might well therefore be called credit banks. Unfortunately a somewhat less descriptive term is in common use Commercial Banks. 2. BANK NOTES AND CHECKS. Com- mercial banks are able to lend their own credit and thus manufacture a large part of the funds which 5 6 LOANS AND INVESTMENTS they furnish borrowers, because they provide a more or less generally acceptable substitute for coined money as a circulating or purchasing medium. The bank note, the promise of a bank to pay money on demand, is quite obviously a credit instrument which is a substitute for money; and in the absence of legal restrictions upon issue the volume of such notes in circulation would clearly depend upon the willingness of people to accept them in payment for goods and services. Partly because of legislation limiting the power to issue notes, and even more because the check has been found more convenient for most purposes, the bank note has become a subordinate and rather special means of extending credit. Banks, of course, do not extend credit directly by issuing checks, since the check is an order on a bank to pay money, not a bank's promise to pay money. Such orders are based upon obligations to pay money recorded on the books of the bank, known as deposits. This term deposits is a misnomer. It suggests to most people that the bank has at some time or other received from depositors the amount of their deposits in money. Banks are often spoken of as lending their deposits. This is a most inaccurate and misleading use of lan- guage, since deposits are obligations already in- curred, an existing liability, which, moreover, is largely due to loans granted. Clearly a bank can- not lend its already existing obligations to pay LOANS AND INVESTMENTS 7 money on demand. It may indeed happen that a bank receives, let us say, $1,000 in money from a depositor, and is on that account in position to lend more than might otherwise have been advis- able. But even here it is not the deposit which it lends, but either the $1,000, or, and this is far more likely, a new right to draw $1,000. Both transactions, the receipt of the $1,000 and the loan of $1,000, will then have created absolutely similar deposit obligations. 3. LOANS AND DEPOSITS. It is the gen- eral use of the check that makes it possible for banks to create deposits through their lending operations. If borrowers made all payments with money it would be necessary for them to withdraw the proceeds of their loans from the banks in the form of money. The business of commercial banks, like that of savings banks, would then be limited to the funds secured from depositors and share- holders, and possibly some slight amounts in addition thereto, since borrowers would presum- ably not immediately draw out the entire proceeds of their loans. It may, however, be objected that even though the borrower does use checks the bank will be obliged to make payment almost as speedily as if money was used. Checks do not circulate indefinitely; they are quickly presented for pay- ment over the counter or by other banks in which they have been deposited. Assuming that a bank were abruptly to double its deposit obligations by 8 LOANS AND INVESTMENTS granting many new loans, it would be confronted almost at once with heavy demands for payment on account of the largely increased number of checks that would certainly be drawn upon it. Objections of this sort are frequently raised against the possibility of the creation of deposits by banks in excess of the momentarily unused proceeds of their loans. If it is a question of the possibility of extending credit by a single bank, such objec- tions are valid. A bank which should suddenly increase its deposit obligations would begin to lose cash almost at once because more checks would be drawn, and most of them would be deposited in ether banks, thus occasioning a succession of un- favorable balances against it. If, however, all the banks of a locality increase their loans, with a con- sequent expansion of deposits, to something like the same extent relative to the scale of their past obligations, each bank will have a greater number of checks drawn upon it, but will also receive from its depositors a greater number of checks drawn on the other banks. There will be a greater num- ber of checks drawn but not a correspondingly greater amount of cash needed in making settle- ments between the banks. This increase of accom- modation to borrowers by the banks of a single locality would probably lead to increased pur- chases from producers elsewhere, thus occasioning a balance of indebtedness against the local banks. Sooner or later currency would have to be shipped LOANS AND INVESTMENTS 9 to banks in other parts of the country, and this would put a check on further expansion, and might make contraction necessary. But again if expan- sion of bank loans were countrywide this difficulty would not be experienced, except from the possi- bility that gold exports might be stimulated, and even this contingency would not present itself if the expansion of credit were worldwide. Finally it should be observed that even when the expansion of deposits and the increased drawing of checks are confined to a few banks they cause merely a shift- ing of cash among the banks; it does not diminish the cash foundation of the credit structure. 4. CASH AND CREDIT. The conclusions regarding deposits outlined above rest for their validity upon the assumption that the checks used by depositors in making payments are generally received by persons who deposit them to the credit of their own accounts. This is very largely true, at least in English speaking countries, in which something like 90% of payments seem to be made with checks. For wages and for a variety of mis- cellaneous payments money or bank notes are required; but certainly an overwhelmingly large proportion of payments made with the proceeds of bank loans are made to persons who have bank accounts, so that the entire subsequent series of operations is made without the use of money, aside from the shifting of cash among the banks them- selves. But while the creation of deposits by the 10 LOANS AND INVESTMENTS making of bank loans does not involve an equiva- lent outflow of money from the banks, there is a direct connection between the cash holdings of the banks and their power to extend credit. Confidence in the banks is the foundation on which rests the structure of bank credit, and one important factor in establishing and maintaining confidence is the cash reserve. Whether this store of money is largely held in a single central institution, as in most European countries, or widely scattered among many banks, as in the United States, in every instance we find that some more or less definite relation of money to deposit liability is regarded both by bankers and the public as a necessary safe- guard for the structure of credit. In the United States a minimum ratio of reserve to deposits, at first regarded as advisable, was later imposed upon the banks by law. In no other country are banks subject to similar restriction upon their operations. Some legislation on this matter was doubtless necessary, because in the absence of branch banking, also generally prevented by law, business is conducted in this country by many thousands of banks, large and small, many of which, as our early history made evident, were certain to work upon utterly inadequate reserves. This legal remedy, however necessary, has had some unfor- tunate consequences. A rigid requirement of an irreducible reserve ratio deprives the banking system of all elasticity beyond a certain point in LOANS AND INVESTMENTS 11 the granting of deposit credits. It has tended also to foster in the public mind an exaggerated idea of the importance of this one, and by no means the most important, element of banking strength. As a consequence, the maintenance of the reserve has exerted an enormous influence in shaping banking practice, especially in the distribution of bank resources among the various classes of loans. This insistent attention given to the maintenance of reserves would have comparatively little effect upon the lending operations of the banks, if changes in cash holdings were small and also predictable; but for the ordinary bank this is far from being the case. However universal the use of checks may be, the individual bank continues to be subject to variations in the demands upon it for cash. A bank can exert no control over the use its depositors make of their accounts from day to day; checks deposited with it never exactly balance checks pre- sented for payment. There will be wide variations, sometimes favorable, sometimes unfavorable. In the latter contingency reliance may be placed upon a speedy change in favor of the bank, especially if this may be presumed with some certainty from knowledge of the customary action of impor- tant accounts. More positive action designed to strengthen its cash holdings, however, is certain to become necessary from time to time in the ex- perience of every bank. The requirements . of depositors will occasionally result in a succession 12 LOANS AND INVESTMENTS of unfavorable balances; and further, every bank must face the possibility that unfounded rumors may subject it to a run. It is imperative, therefore, that a bank be able to pay out large amounts of money on demand and also be in position quickly I to replenish depleted reserves. Its assets, or at least a considerable portion of them, must be of such a character that they can be quickly converted into money. 5. ASSETS MUST BE LIQUID. Liquidness of assets enables a bank to meet the actual needs of its depositors for money and also by giving con- fidence serves to limit withdrawals to actual needs. This is with most people, and properly should be, the fundamental basis for confidence in a bank. To serve the purposes just mentioned the same degree of liquidness in all assets is not required. Imme- diate convertibility into cash of a portion of the assets of a bank is sufficient for the building up of reserves depleted on account of unusually large re- quirements on the part of depositors, or even for the exceptional contingency of a run upon the bank. Experience shows that a bank all of whose assets can be converted into cash within a few months without loss is altogether unlikely to be disturbed by lack of confidence, and should it be subjected to unfounded rumors no difficulty is experienced in securing the necessary funds from other banks. 6. LINES OF CREDIT. The investments which best meet the peculiar requirements of com- LOANS AND INVESTMENTS 13 mercial banks are loans payable either on demand or within a few months, seldom more than six months. With a reasonably large number of short time loans, so selected that some of them will be maturing daily or at least nearly every day, and all of them within a six months period, it might seem at first sight that if a bank adopted the simple means of refraining from making new loans, the payment of these loans would automatically provide a bank with funds to meet all ordinary requirements. But the problem which confronts the banker is not of this simple character, because there are other con- siderations which must be given weight in handling the loan account of a bank. If a bank is to continue as a going concern engaged in profitable business it cannot entirely discontinue the making of loans. It holds its business depositors largely through its readiness at all times to furnish them a reasonable amount of accommodation. Within limits of safety determined by the character of the depositor, the nature of his business, the size of his account and the size of the bank, lines of credit have been agreed upon. These agreements clearly place a part of the lending power and consequently a part of the assets of the bank outside the field of practical every day liquidness. For a bank regarded as a going concern, therefore, a considerable proportion of its resources are unavailable as a means of strengthening itself for the purpose of meeting ordinary requirements. Further, unless borrowers have in general already 14 LOANS AND INVESTMENTS fully utilized their lines of credit, the bank is subject to the possibility of additional demands for accom- modation, which it cannot refuse to grant, and which may come just at a time when it is meeting un- usually heavy payments to depositors either directly or through unfavorable balances with other banks. Even in periods of acute monetary stringency it must be prepared to create new deposit liabilities by making new loans. Striking instances are found in the case of those banks which have accounts of stock brokers who ordinarily borrow on the market, or of business firms which place their paper with many banks through note brokers. It is a common prac- tice, and one dictated by sound business policy, for such borrowers not to borrow from their own banks. Lines of credit are kept open to fall back upon when, as may happen, it becomes difficult, if not impos- sible, to borrow in the open market. The borrower has thus an anchor to windward. But, on the other hand, banks that have such accounts have incur- red obligations to extend credit just when it may be most inconvenient for them to do so. 7. LIQUIDNESS OF LOANS TO DEPOSI- TORS. Clearly then a bank should have assets more liquid than its loans to its own clientele of business depositors. The conclusion should not be drawn, however, that the loans made to such regular customers need not possess the quality of liquidness. The analysis in the preceding paragraph was con- cerned altogether with these loans taken as a class. LOANS AND INVESTMENTS 15 The individual loans within this class must be liquid to enable a bank to extricate itself from threatened failure or suspension, contingencies which would inconvenience borrowers far more than the refusal to allow them accommodation agreed upon under lines of credit. Moreover, there is another and even more important reason for insisting upon liquidness in the case of these loans. A large part of the loans made by banks is based upon personal security alone, promissory notes with or without indorse- ments. The underlying security rests very largely upon the uses made by the borrower of the proceeds of these loans. If the transaction in connection with which the proceeds of the loan are used will be com- pleted during its life the loan may be said to pay for itself. It is to be presumed also that borrowers will use the proceeds of loans which they are to repay in a few months more wisely than might be the case if the payment were indefinitely deferred. More- over, conclusions based upon the analysis of the statements of borrowers and upon other informa- tion are a basis for short time credit only, since over a long period conditions may change radically for ic worse. Unsecured loans must therefore as a * ale possess that quality of liquidness which comes from short maturities to make them a proper in- vestment for banks or indeed for any lender. One common method of seeking not only to make cer- tain that the loans made under lines of credit shall be liquid, but also to determine whether credit may 16 LOANS AND INVESTMENTS be safely continued, is to insist that all borrowing be cleaned up at least once a year. This is often an effective requirement, though it may be more nomi- nal than real, since borrowers may simply allow accounts payable temporarily to pile up against chem. The supply of credit which the banks are in position to lend is, however, so large that the banks quite generally do lend more or less continuously to many borrowers. Concerns whose business is growing and which show good earning power are a reasonably safe basis for such loans pending a time when they may be expected to secure additional capital by means of more permanent obligations, by an issue of additional capital stock, or by the grad- ual process of putting profits back into the business. Firms engaged in a few lines of business may per- haps be regarded as satisfactory borrowers even though they continue to rely indefinitely upon banks for a part of their working capital. In such cases it is essential that the firm shall be engaged in a business the products of which are in constant demand and therefore readily saleable for cash. 8. COLLATERAL LOANS TO DEPOSI- TORS. Based upon knowledge of the amount of loans made in former years, the future needs of regular commercial depositors can be fairly well determined; but, as in the case of the requirements of depositors for cash, the estimate cannot be exact, and for short periods may be wholly at fault. Evi- dently, if it is regularly to keep its funds fully em- LOANS AND INVESTMENTS 17 ployed, a bank must invest a part of them in other ways, in assets which can be converted into cash without disturbing valuable relationships. The banker may have made a considerable number of collateral loans to his depositors. The greater part of such are made on the security of stocks and bonds; and, leaving out of view those made to depositors who are engaged in the business of mar- keting securities, these loans can be allowed to mature and new loans can be refused with less danger of loss of accounts than in the case of regu- lar commercial borrowers. This is because the proceeds of collateral loans are largely used to enable borrowers to pay for purchases of securities and for other purposes outside their regular busi- ness. Moreover, the borrowers whose loans are based on readily marketable collateral, can arrange to borrow from other banks more readily than is generally true in the case of the commercial bor- rower. 9. REDISCOUNTS. Few if any banks are likely to have made these occasional loans to depositors to such an extent as to furnish them speedily through contraction with a considerable amount of funds. It is clearly necessary, therefore, that a bank invest a part of its resources outside of the circle of its own depositors, unless it is pre- pared to borrow frequently from other banks. For small banks, country banks and those in the small cities, this has always been quite feasible by means 18 LOANS AND INVESTMENTS of loans from their city correspondents, but it is a kind of business which has not been very largely developed in this country. There has been a pre- judice against it among many bankers, who feel that it in some way reflects upon their credit. In a community in which local requirements are at certain seasons of the year decidedly greater than the resources of the local banks, it would seem to be a most desirable method of raising funds. 10. BANK BALANCES AND BONDS. Bal- ances with city banks in excess of the amount which can be counted as a part of the legal reserve are another means of providing funds to meet unusual needs. The rate of return on bankers' balances, customarily 2%, does not make this a very profit- able method of employing what may be called a bank's secondary reserve, except during periods of monetary ease when rates for loans are at a low level. Bonds which are readily saleable may serve this purpose also, but at no little risk of loss. In periods of business inactivity following a crisis, bonds are indeed a very satisfactory means of utilizing some portion of the resources of a bank. They can then usually be purchased at relatively low prices, and if disposed of at the beginning of a period of renewed business activity are likely to have appreciated in value. In periods of con- tinued activity, however, bonds are likely to fall somewhat in market price, and in periods of general strain may become almost unsaleable. Bonds in LOANS AND INVESTMENTS 19 general would seem to be satisfactory as a special investment to meet serious contingencies of par- ticular banks rather than as a resource in periods of general financial strain. If a bank is threatened by a run its holdings of bonds are apt to prove a more speedy means of securing funds from other banks than its ordinary loans to depositors. It may also be added that bonds are required as security for Government deposits and also in many States for State, county and municipal deposits. These requirements explain the large investment of many banks in bonds. 11. COMMERCIAL PAPER. There remain for consideration two additional profit earning resources which may be relied upon for quick con- version into cash. There are two classes of loans insistence on payment of which, together with the refusal to make new loans, does not subject a bank to the danger of the loss of any business advantage. These loans are commercial paper purchased from note brokers and collateral loans made to stock brokers and investment bankers who are not de- positors of the lending bank. Note brokers are resorted to by business concerns whose borrow- ings are large, often too large to be granted by one or more banks, even by those of the larg- est size. Banks purchasing this paper incur abso- lutely no obligation to take additional paper in the future. They may buy regularly or intermit- tently, as suits their own convenience; the relation 20 LOANS AND INVESTMENTS between borrower and lender is absolutely imper- sonal. Commercial paper purchased from note brokers has for many years been a favorite avenue for the employment of a considerable portion of the secondary reserve of the banks. A banker is indeed less likely to know intimately the character of this paper than that of loans made to his own depositors. Here, however, the note broker, if wisely selected, is a valuable safeguard. It may be said without qualification that the losses of banks from commercial paper purchased from note brokers of high standing have been far less than those from loans to their own depositors, and im- measurably less than those from purchases of paper from distant borrowers made directly in order to save the broker's commission. The notes which are sold to the banks by note brokers are generally in round amounts of $5,000 and in multiples of $5,000. Only very large banks will have sufficient funds invested in this way to provide them with a steady succession of maturities. For the small bank, therefore, commercial paper is rather a means of employing surplus funds which are not likely to be needed during the continuance of the loan. In this connection it should be noted that there seems to be a tendency to lengthen the average maturity of this class of loans, owing to the fact that the borrower ordinarily pays the same com- mission whether the paper is to run for three or for the maximum period of six months. This LOANS AND INVESTMENTS 21 longer average maturity lessens the value of com- mercial paper to most banks as a liquid asset for ordinary working purposes. 12. LOANS ON SECURITIES. The favorite investment for funds which may be needed at any moment is the collateral loan to stock brokers and to banking houses engaged in marketing securities. A part of these loans is on time and has very much the same utility as a means of employing banking funds as commercial paper purchased from note brokers with the further advantage that a greater range of maturities is available. There is a broad market for collateral loans maturing all the way from one month to six months. A large part of the total of collateral loans also is payable on demand. Stock exchange dealings and the mar- keting of securities are unlike all other kinda of business in that they can be in part conducted on the basis of call loans. The quick saleability of the commodity handled makes this possible; conse- quently, we have here a demand for loans under such conditions as to enable banks to make full use of their lending power right up to the limit set by their reserve requirements. In the absence of the call loan it would clearly be impossible for the banks to keep their reserves intact and at the same time lend close to the limit of reserve requirements. Many considerations must be taken into account in determining the relative amount of its funds which shall be employed by a bank in the various 22 LOANS AND INVESTMENTS ways which have been outlined. Banks whose de- posits fluctuate with some degree of regularity can naturally invest in a different fashion from those subject to large requirements which cannot be foreseen. 13. ADJUSTMENT OF RESERVES. Let us now assume that a bank which has invested in all of the various ways above described finds itself below reserve requirements. From knowledge of the tendencies of the accounts of its depositors it may perhaps be reasonably certain that within a few days through deposits of cash or through de- posits of checks giving it a favorable balance with other banks its reserve will be restored. Many bankers in these circumstances might be content to allow affairs to take their own course. Others, especially in cities where the banks publish a weekly statement, would be likely to call some of their demand loans but might continue to purchase com- mercial paper and make time collateral loans to an amount something like current maturities of such loans. If, however, there was reason to be- lieve that depositors were likely still further to draw down their balances and if demands for further accommodation from depositors were to be expected, a much greater reduction in call loans might be made and at the same time new invest- ments in commercial paper, and in time collateral loans, might be largely discontinued. No one of these three kinds of loans would presumably be LOANS AND INVESTMENTS 23 liquidated before a beginning was made with the other two. Some weight would of course be given to the relative rates prevailing for each of these three kinds of loans. Bonds would probably not be disposed of unless a pronounced change in the conditions surrounding the employment of its funds was foreseen or unless a bank were confronted with a serious change for the worse in its affairs. While there are neighboring banks with surplus funds to lend a bank whose loans are liquid experiences no difficulty in securing additional funds by means of contraction. Aside from loans to its own de- positors, payment for which will ordinarily involve a cancellation of its own deposit obligations, it is important to observe that the additional funds which a bank thus secures come from other banks. When banks loans are paid by borrowers, money to an insignificant amount is drawn from general circulation. The total money holdings of the banks are not appreciably increased; there is simply a shifting of cash holdings among the banks. 14. GENERAL CONTRACTION OF LOANS. In periods of active business, however, banks can and generally do lend all that their reserves will support. If during such a period any considerable loss of cash occurs, the foundation of credit is weakened and the banks generally may desire to strengthen themselves. A policy of contraction of loans may then be adopted by most of the banks at the same moment. The results of contraction 24 LOANS AND INVESTMENTS in such circumstances are far less effective in strengthening the banks than those which follow contraction by one or a few banks. Just as when loans increase more checks are drawn in payment for increased purchases, so when loans are being generally reduced more checks are drawn in favor of the banks with no corresponding inflow of money. The payment of loans does not increase the amount of money in the possession of the banks taken as a whole; it simply reduces deposit obli- gations. Let us suppose, for example, that the New York banks have exactly the amount of reserve required by law, 18 per cent, of their net de- posits. One million dollars is shipped to the in- terior, reducing deposits by a like amount and reserve requirements by $180,000. There is now a reserve deficiency of $820,000. Will the liquida- tion of $820,000 of loans bring in the desired amount of cash? By no means. The loans will be paid with checks on the banks and will reduce deposits by $820,000 and reserve requirements by 18 percent, of that amount. In order to restore the reserve ratio it will be necessary to reduce loans by some- thing like four times the amount of cash loss, that is, by four million dollars. It will thus be seen why the loan market is at times exceedingly sensitive to a seemingly small loss of cash. When surplus reserves are low, it may involve a contrac- tion of loans several times the amount of the cash lost. If the cash lost is due to gold exports the LOANS AND INVESTMENTS 25 advance in rates which is certain to accompany general loan contraction may make it profitable to borrow in foreign markets. Such borrowings often bring about the cessation of a gold export move- ment. It is seldom possible, however, so com- pletely to reverse the exchanges by this means as to secure additional cash by means of gold imports. 15. ULTIMATE EFFECTS OF CONTRAC- TION. Ultimately if contraction entails lessened business activity, money will flow into the banks from general circulation; but this is a slow and uncertain resource of little use in meeting the pressing needs which usually occasion the general liquidation of loans. The reduction of deposit liabilities through contraction will, of course, bring the reserve ratio of the banks to a satisfactory point if it can be carried far enough. But it cannot be carried very far. Business cannot be suddenly deprived of that amount of credit which it has been receiving without disastrous consequences. When the volume of business declines, the volume of credit can also be correspondingly reduced but not before, except within narrow limits. The credit granted to those engaged in one of the last stages of the production of some commodities can generally, it is true, be reduced without much difficulty. Con- sider, for example, the meat and provision business. Packers reduce their purchases of cattle and hogs. The necessary daily consumption of the people soon reduces the stock on hand and as cash pay- 26 LOANS AND INVESTMENTS ments are the rule in this line of business the packers will shortly be able to liquidate their loans and would require no new accommodation. It seems at first sight as if a large amount of com* .mercial loans would have been eliminated. But 5 consider the situation of the large number of farmers engaged in the business of raising cattle and hogs. Unable to sell as much as usual to the packers they would be obliged to fall back upon their own banks, from which they would be com- pelled to borrow more largely than usual. Even call loans are much less liquid than is gen- erally supposed. When a few banks demand pay- ment of these loans brokers to whom they are principally made secure loans elsewhere and the banks calling the loans are paid. The total volume of call loans is not much changed. Within narrow limits it may be possible to reduce the aggregate of such loans by sales of securities to persons able to pay for them outright. It is also possible to secure additional margins from customers for whom brokers are carrying securities. But when all banks call loans they soon cease to be convert- ible. Purchasers who might be able to pay for securities outright become frightened, while alarm and even panic may become general. In order to prevent disastrous failures among brokers and consequent loss to themselves the banks find it necessary to refrain from insisting upon general loan contraction. LOANS AND INVESTMENTS 27 16. GENERAL LOAN CONTRACTION TO BE AVOIDED. In European countries the banks never find it necessary to attempt to strengthen themselves by sudden and general contraction of loans. Slow contraction of loans is of course some- times insisted upon when it is thought that the business situation will thereby be improved. If it is merely a question of strengthening the banks, however, recourse is had to the central banking institutions found in all European countries. Un- like other banks these central banks in ordinary times never lend to the full extent of their power to grant credit. They are therefore always in position to take over a part of the load of loans from the other banks. This makes the situation in emergencies in European countries analogous to what it has been with us when some, but not all, of the banks were seeking to strengthen themselves by means of contraction. It cannot be expected that each one of the many thousands of banks in this country will reserve part of its lending power for emergencies which after all come but seldom. Somewhere in every banking system a reserve of lending power is required, and it is primarily to meet this requirement that the Federal Reserve banks were established in 1914. 17. ALDRICH-VREELAND ACT In addi- tion to central banking arrangements there is another possible method of meeting emergency requirements. All banks may be authorized to 28 LOANS AND INVESTMENTS issue a special variety of bank notes subject to a tax onerous enough to deprive the banks of all inducement to issue them in ordinary times. This was the method adopted in the Aldrich-Vreeland Act of 1908. This measure proved of the very greatest advantage during the crisis of 1914. Nearly $300,000,000 of the emergency notes were issued, thus enabling the banks to meet all demands for currency without entrenching upon their cash reserves, and at the same time to aid the business community by the granting of additional accom- modation. 18. FEDERAL RESERVE ACT. Before the occasion for testing this legislation, and following European example, the Federal Reserve Act was passed on December 23, 1913. The Federal Re- serve banks were opened for business on November 16, 1914, just after the crisis of that year had been overcome. The primary purpose of the reserve banks and the Aldrich-Vreeland notes is similar. Both were designed to meet periods of severe finan- cial strain, but it is rightly believed that the reserve banks will prove more serviceable for this purpose, and that they will also be of much advantage in ordinary times. In particular, the reserve banks are expected to be able to exert a restraining in- fluence during the periods of rapid credit expansion which always precede crises. It is also believed that they will contribute much to the standardiza- tion of banking practice, and that they will improve LOANS AND INVESTMENTS 29 methods of making settlements between the banks in different parts of the country. 19. RESERVE BANKS AND LIQUIDNESS. If the reserve banking system works well it may reasonably be expected that the course followed by banks in making adjustments to variations in demands for cash will be materially different from what it has been in the past. It will be just as necessary as formerly for a bank to keep itself in a liquid condition, but the relative liquidness of different classes of assets will be somewhat changed and the liquidness of all assets will be enhanced. The liquidness of all assets will be enhanced if the reserve banks maintain themselves in a condition of such strength as to be able at all times to supply additional credit and currency to meet emergencies. The process of conversion of assets into cash will then be the simple matter which we have already seen it to be when only a few banks experience the need of conversion. The process of conversion will be a simple matter since it will not involve contraction but merely the transfer of assets to reserve banks, in exchange for cash. Loan con- traction will, no doubt, from time to time occur when the volume of business falls off or when there is evidence of an over-extended condition of affairs. Contraction will be carried through gradually, however, so as to conserve all interests so far as may be possible. Contraction will not be resorted to merely to strengthen the banks. 30 LOANS AND INVESTMENTS 20. RESERVE BANKS AND COMMER- CIAL LOANS. As an indirect consequence of the operation of the reserve banks it may be an- ticipated that all bank assets will be more steadily liquid than in the past. Bonds, for example, will be more steadily saleable, and the possibility of shifting call loans will be always present. But obviously those assets will gain most in liquidness which can be used as a basis for loans from the reserve banks. Most of the European banks may make loans of all kinds both to individuals and to banks. In the case of the reserve banks the field of operation has been somewhat narrowly pre- scribed, though it may be added it includes those classes of business which make up the bulk of the investments of the European central banks. The normal lending operations of the reserve banks are limited to the purchase of commercial bills of exchange and the rediscounting for member banks of commercial loans of all kinds maturing within ninety days and of agricultural loans maturing within six months. The rediscounting of loans secured by stocks and bonds is specifically pro- hibited. Commercial loans are generally defined in the act as "notes, drafts and bills of exchange rising out of actual transactions. That is, notes, drafts and bills of exchange issued or drawn for agricultural, industrial, or commercial purposes, or the proceeds of which have been used or are to be used for such purposes." The Federal Reserve LOANS AND INVESTMENTS 31 Board was authorized to define more precisely the nature and character of eligible paper. In the exercise of this power the Reserve Board has de- fined commercial loans in such a way as to include all loans to borrowers engaged in production and marketing of goods whose current liabilities are not in excess of their current assets. Loans of this character are everywhere the backbone of the banking business. 21. SOURCES OF PAYMENT OF BANK LOANS. Borrowers derive the means of pay- ment of bank loans from a variety of sources. The liquidation of many loans is dependent upon the sale of property, such as real estate and buildings, or of stocks or bonds. Some loans are gradually reduced and ultimately paid in full with savings made from income and especially from the profits of a business. The floating indebtedness of a successful business may be liquidated by se- curing additional capital, either through the issue of new stock or the sale of bonds. Payment of particular loans may be accomplished by borrowing elsewhere or by postponing the payment of current accounts with those from whom goods have been purchased. Finally, means of payment may be secured during the life of the loan as a natural result of the regular operations of a business. In the case of particular loans, any one of these various means of payment may be regarded as of primary importance by the banker, but the bulk of all bank 32 LOANS AND INVESTMENTS loans are based mainly either upon collateral or upon the expected results of natural business opera- tions. Some loans possess both these elements of strength, but more commonly credit is granted upon one of them alone rather than both in com- bination. 22. COLLATERAL LOANS. The business of making collateral loans is of a comparatively simple nature. The quality of such loans depends mainly upon the marketability of the collateral pledged as security. Of course there may be sud- den unforeseen changes in the value of any given security; and in periods of acute financial strain there may be a sharp decline in the value of all securities, and difficulty may be experienced in finding purchasers at any price. Lending can never be made a routine mechanical business. But with- out minimizing the hazards involved in making collateral loans, it is certain that the problems en- countered in making loans based on the current results of business operations are far more numer- ous and complicated. 23. COMMERCIAL LOANS. Loans, the means of payment of which become available dur- ing the life of the loan as a result of the regular operations of a business, are commonly known as "commercial loans." The instrument in which the obligation is embodied may be either a bill of exchange or a promissory note. The lender may rely for payment upon the borrower alone or re- LOANS AND INVESTMENTS 33 quire additional security either a lien on tangible property or the endorsement of one or more third parties. There is, then, much variety among com- mercial loans, but they all possess one feature in common which overshadows these differences. To be a commercial loan, the proceeds must be used in financing the production and marketing of goods, operations from which the means of payment will ordinarily be derived before it matures. The limits within which banks may safely finance these opera- tions, and the terms on which accommodation shall be granted, constitute the complex problem of the commercial loan. The financing of fixed assets land, buildings, and machinery is entirely outside the limits of commercial borrowing. No part of the indebtedness of a borrower in excess of his current assets can be regarded as commercial in character. Moreover, to finance anything like all of current assets by means of short time loans would in almost all instances involve the speedy insolvency of the borrower and loss to the banks. 24. CURRENT ASSETS. Current assets con- sist of materials, work in process, finished goods, accounts and notes receivable, and cash. In the ordinary course of business all the other current assets are in process of conversion through one or more stages into cash. At the same time, however, it is to be noted that unless a business is being wound up, new current assets of each kind are con- stantly being acquired. The materials of today 34 LOANS AND INVESTMENTS become the finished goods of tomorrow and the receivables of a more distant future. Current assets are revolving assets. 25. CURRENT LIABILITIES. An analogous process is to be observed in the current obligations of a business. Indebtedness to banks and to those from whom goods are purchased is constantly maturing and being paid, but new obligations are at the same time being incurred in connection with the operations which will result in future sales. There must be a constant inflow of cash to a busi- ness to meet these obligations as they become due, and this inflow must be sufficient, not merely for this purpose, but also to provide for the current running expenses of the business, to say nothing of provision for up-keep and earnings. But since new obligations are constantly being created, there is always the possibility, in the case of a business which is losing ground, that an inadequate inflow of cash is being met by using proceeds of new cur- rent obligations to meet the burdens of the past rather than the operations of the future. Since business is a continuing process, it cannot be con- stantly subjected to the test of complete liquidation of its indebtedness. The supply of cash, therefore, may be sufficient to meet maturing obligations for a considerable time after a concern is in an unsound or even insolvent condition. 26. METHODS OF DETERMINING SAFE LIMITS OF CURRENT LIABILITIES. Two LOANS AND INVESTMENTS 35 methods of determining whether the current liabili- ties of a business are being kept within safe limits may be distinguished. Under one method credit is based upon the entire financial position of the borrower as determined by the analysis of state- ments of the condition of his business and other in- formation. Under the other method specific trans- actions, purchases and sales of goods, measure borrowing capacity. Before considering the respec- tive merits of these two methods, it is to be noted that neither of them has validity indeed, they may be positively misleading in the absence of character and business ability in the borrower. The most prosperous business may be quickly ruined through mismanagement. Under no method of determining proper limits for loans can the pos- sibility of loss through dishonesty be entirely eliminated. Judgment of men is fundamentally essential for the successful conduct of commercial banking. But definite rules and principles for esti- mating the character and capacity of individuals are of little service. In the final analysis, there- fore, it will simply be assumed that the banker has satisfied himself regarding these essential qualifications. 27. STATEMENTS OF BORROWERS. The honesty of the borrower is especially important when statements of the condition of his business are used in determining the amount of credit which may safely be granted. An independent audit of 36 LOANS AND INVESTMENTS course reduces the danger from fabricated state- ments, and such audits are becoming increasingly common, although they can hardly be expected in the case of borrowers of small or medium size. The practice of requiring a statement of condition from borrowers has grown during the last twenty years until now it is almost universal in well-managed banks. It is evidently an imperatively necessary requirement where credit is granted on unsecured single name paper. Statements of condition are made with varying degrees of completeness. Often only a balance sheet is available, but frequently a statement of the amount of sales is also given, as well as other information. The balance sheet alone is commonly the only information furnished pur- chasers of commercial paper from note brokers. Borrowers naturally are unwilling that detailed information regarding their affairs should be spread broadcast throughout the country. To the note broker, however, more complete information in confidence is commonly given. When balance sheets alone are available intimate knowledge of the industry in which the borrower is engaged is needed in order to interpret them. The relative amount of various kinds of current assets and lia- bilities shown in the balance sheet when compared with statements of others engaged in the same line of business will often indicate whether it is in a sound or weak condition. A single balance sheet is of very little significance, but a series of state- LOANS AND INVESTMENTS 37 ments extending over a period of years often throws much light upon the conditions and tendencies of a business. 28. RATIO OF CURRENT ASSETS TO LIABILITIES. It is a common rule of thumb that current assets ought to be twice the amount of current liabilities. This is not a rule for lending that should be followed blindly; it is merely a suggestion, a sort of guidepost. If the current lia- bilities are more than one-half the assets it naturally puts the banker on inquiry to find out whether the rather high proportion of current liabilities to cur- rent rent assets is safe. A proportion of !*/ to 1 may in certain lines of business be a more satisfac- tory proportion than a 2y 2 or 3 to 1 proportion in other kinds of business. 29. LIQUIDATION OF ASSETS. It is necessary, therefore, to know a good deal about the nature of different kinds of business if one is to grant credit wisely. There are some kinds of business the products of which are universally con- sumed and paid for in cash. Concerns engaged in such business obviously can borrow more largely, and can go along with a lower ratio of assets to liabilities, than those engaged in other kinds of business. Take a business like that of the packers, for instance, who are large borrowers through note brokers. It would be possible for such concerns to liquidate many millions of dollars in a compara- tively short time. All they would need to do would 38 LOANS AND INVESTMENTS be to purchase in the near future a smaller number of cattle and hogs. The demand for their products would quickly take off the existing supply and they would largely be paid in cash. Moreover, they would lose no valuable trade connections by cur- tailing operations, and possibly they might take advantage of the situation to add a few cents to the price of their products. 30. SLOW LIQUIDATION. Let us consider another kind of business, say a furniture manufac- turer. It might be that just at the time when he would like to reduce his obligations his obligations will increase. Let us suppose circumstances in which the demand for furniture suddenly falls off on account of general reaction in the activity of trade. Dealers in furniture would in those circum- stances purchase less than the expected supply of 'furniture, and presumably, also, they would defer more or less their payments on past purchases. In the meantime the maker of furniture would find himself loaded up with a large amount of it, for the moment unsalable, and he would have no one on whom he could fall back, as was the case with the dealer. Of course, the furniture maker might defer payments for materials to a certain extent, but the value of the materials going into furniture is small as contrasted with the value of the furni- ture itself, as so much of the value of that product is due to the labor employed upon the material. On this account the delay on the part df the furniture LOANS AND INVESTMENTS 39 maker in meeting his payments for purchases would not by any means offset delays on the part of fur- niture dealers in making payments to makers of furniture. Clearly, then, the furniture maker is a concern from which one would demand a higher ratio of quick assets to quick liabilities than from a packing-house concern. In a general way it may be said that those engaged in the last stages of production, if they are producing an article which enters into necessary and general consumption, can extricate themselves from critical credit situations more easily than any other class of producers in the community. 31. VOLUME OF SALES. In the interpreta- tion of balance sheets the amount df net sales is of great assistance. A rapid turn-over of current assets, as compared with that of others engaged in the same line of business, is ordinarily an indica- tion of a capable and successful management. It implies that stocks are wisely purchased; it also indicates that dead stock is not inflating the inven- tory, and that accounts long past due are not being carried. An absolutely high turn-over is also sig- nificant. Here there is a wide variation owing to differences in the nature of various lines of business. The process of production may be long, or the terms of payment may be customarily liberal, as in the case of agricultural implements. Where these conditions are found the ratio of current assets to current liabilities should be high in other words, 40 LOANS AND INVESTMENTS a large part of the current assets should be financed by those conducting the business. 32. LIMITED SIGNIFICANCE OF BAL- ANCE SHEETS. All the information derived from balance sheets and other sources is designed to determine the liquidating ability of borrowers. From balance sheets, however, this ability can only be inferred. A balance sheet simply presents a more or less accurate statement of the condition of a business at some one moment of time. It does not give any assurance of the ability of a concern to meet its obligations as they mature. It is quite possible, however, to secure information about a business which will give a clear and direct indica- tion of its liquidating possibilities. Moreover, this can be done without divulging information which might prove helpful to competitors. This method of estimating liquidness is also extremely simple, but it has as yet been applied by only a few lenders. 33. RATIO OF COLLECTIONS TO MA- TURITIES. As we have already seen, the inflow of cash to a solvent business must be sufficient to meet its various maturities and all the other ex- penses of the business, and in the case of a pros- perous concern, there must be something left for profits. A high ratio in cash receipts to the pay- ments which must be met, evidently, then, affords the strongest possible basis 'for the conclusion that a business will be able to liquidate its obligations in the future. Suppose, for example, that during LOANS AND INVESTMENTS 41 the two previous years the average monthly collec- tions of a given manufacturing business have been $100,000 ; that the average monthly maturities have been $50,000, and average payments on account of rent, interest, insurance, taxes and office salaries, have been $30,000. By the discontinuance of its manufacturing operations it is certain that this concern could liquidate its indebtedness unless there should be a most severe falling off in the demand for its product. As in the analysis of the balance sheet, account would necessarily be taken of the nature of the business. A higher margin of collections would be requisite in some industries than in others. This method of testing credit does not take the place of balance sheets and other sources of information. It simply supplements them, though it is believed that in the course of time this ratio between collections and maturities and fixed charges will come to be regarded as the most important single factor in credit analysis. 34. CREDIT ANALYSIS AND SINGLE NAME PAPER. Analysis of the financial posi- tion of the borrower is clearly a necessary safeguard in granting credit when a bank relies for payment solely upon the unsecured notes of the borrower. Under a system of adequate credit analysis a bank is able to determine with a reasonable degree of certainty not only that the borrower is using the proceeds of his loans to finance current assets, but that also the amounts of loans are within his 42 LOANS AND INVESTMENTS liquidating capacity. In these two respects, at least, single name paper can be quite as satisfactory as any other method of borrowing. 35. TRADE PAPER. Obligations of the pur- chasers of goods to sellers have always been regarded as a solid basis for bank credit. The ob- ligation may be expressed either in the form of a note given by the purchaser and endorsed by the seller, or as a bill of exchange drawn by the seller and accepted by the buyer. There is no funda- mental legal difference between these two instru- ments. The principal advantage possessed by the bill is that as the initiative is taken by the seller, it may be sent with bills of lading attached through a bank with instructions to retain the ladings until the bill has been accepted or paid. ' 36. TRADE AND SINGLE NAME PAPER COMPARED. The commercial character of trade paper is obviously more directly evident than in the case of single name paper. Names of two concerns engaged in businesses which would naturally make one a purchaser of the product of the other, provide fair evidence that the paper is commercial in character. In the case of single name paper it becomes necessary to analyze the assets and liabilities of the borrower, but this method, though indirect, offers equally clear evi- dence of the nature of the transaction. Double name paper is not infrequently accommodation paper, and this fact is not always evident. In cer- LOANS AND INVESTMENTS 43 tainty that a loan is commercial in character there is no appreciable difference between single and double name paper. The respective merits of the two methods o{ borrowing must clearly be de- termined by other considerations. At first sight it might seem that the risk of loss to lenders must be less where trade paper is the basis for loans. Tradition is all in favor of the specific transaction, and at first sight it would seem self-evident that if the maker's own note is good the addition of an- other signature could hardly fail to make it still better. This conclusion, though equally true in the case of any single loan, does not necessarily hold good when the character of all current busi- ness obligations is to be determined. The two kinds of borrowing are the outcome of different methods of conducting business. That method of lending which is most conducive to the mainte- nance of sound and healthy conditions in trade and industry will, in final anaylsis, provide a superior quality of commercial loan. 37. CASH PAYMENTS. Single name paper and the bank acceptance have to an increasing extent taken the place of double name mercantile paper all over the world, except in France, where three names are required at the Bank of France, The payment of cash for commodities has brought this change about. In some lines of business, be- cause of the marketable nature of the product, and in others because of the strong position of pro- 44 LOANS AND INVESTMENTS ducers, cash payments have been insisted upon. In many other lines of business the obvious advantage of speedy payment has been sufficient to lead to the offer of discounts for cash much above ordinary rates for bank loans. When purchasers pay cash, obviously the double name mercantile bill or in- dorsed note cannot come into existence. Pur- chasers must either have enough capital of their own to make payments or must borrow directly from their banks. 38. ADVANTAGES OF TRADE ACCEPT- ANCES. There is a sharp difference of opinion at the present time among bankers with regard to the respective merits of single name paper and the trade acceptance. The advantages of trade paper have been ably presented by B. D. Harris, Vice- President of the National City Bank of New York, who says: "Under our present account system the merchant is compelled to conduct the operations of his business involving carrying the accounts of his customers to an unreasonable extent. He is compelled to do this usually solely on his own credit and through the medium of his single name paper discounted with his bankers or sold through brokers in the open market. Owing to lack of accurate knowledge or visible means 6f knowing the character of credits extended by him and to the inconvertibility of the latter it has come to be quite a settled principle that in order to have a satisfactory credit footing his statements should LOANS AND INVESTMENTS 45 show a large margin of safety in quick assets of this character over liabilities usually in the pro- portion of two for one, or more. No matter how sound his credits, he must preserve this proportion to float his single name paper successfully, whereas were these credits converted into liquid double name paper through the medium of acceptances or notes, if all conditions were sound they would be immediately available and all this large degree of lost motion eliminated. If they were unsound or of inferior quality, it would become manifest, with the result of properly curtailing his credit accordingly. For that reason merchants would be more careful in extending credits to customers, there would be less loss and fewer failures; it would to a large extent correct an evil which has come frequently under my observation, viz.: that in active competition of business many wholesalers and jobbers extend unreasonable lines of credit to a certain class of small retail merchants, particu- larly in small country towns, who operate princi- pally on the credit extended them by rival firms, and with little or no visible capital of their own. This means slow collections and bad debts, and this class of customers invariably assign short crops, poor collections, the European war, or any other conceivable excuse, which may seem most plausi- ble, for their inability to pay, and have to be carried over. It would strongly curb the pernicious prac- tice of over-selling and over-buying. Buyers, 46 LOANS AND INVESTMENTS knowing that their obligations would be discounted and their credit put to the test, would be more alive to the necessity of meeting their obligations; would be more prudent in selling on credit; more careful in taking on no larger lines of merchandise than they could sell; more certain of their collec- tions, and therefore more able to pay their debts. Hence the curse of over-expansion, and the grow- ing mass oif credits which do not liquidate at times and seasons when they should liquidate, would receive a salutary check. The strain on the mer- chants and bankers would be diminished, and the credits of the entire country placed on a safer and sounder footing." 39. ADVANTAGES OF SINGLE NAME PAPER. That these desirable results will cer- tainly follow the re-introduction of the use of trade paper is, however, not universally admitted. In favor of single name paper the following argu- ments are advanced: "Business is altogether likely to be kept in a stronger condition when cash pay- ments are the rule than when each producer and dealer owes for \yhat he has bought and is owed for what he has sold. Many, nay most, men are so constituted that in periods of active business and general optimism they will buy far more on credit than they would have bought if required or expected to pay cash. Mercantile credit is far more likely to be extended beyond safe limits than bank credit, partly because the rate of return on sales LOANS AND INVESTMENTS 47 is greater than that on bank loans, and even more because bankers, comparatively speaking, are a highly conservative class of business men. Where purchasing ability is limited by cash payments, it is to be expected that the danger of a generally overextended condition of business will be some- what lessened. Even where cash discounts are not taken, dealers selling goods to numerous pur- chasers scattered over a wide territory would find the handling of mercantile bills and notes far more expensive and troublesome than book accounts and direct borrowing from the banks. Moreover, on account of the various explicit or implied war- ranties generally customary when goods are sold from samples by traveling salesmen, many bills and notes would not be negotiable instruments, and would therefore be unavailable for discounting purposes. When this problem is considered from the standpoint of the banks the same conclusion emerges. If credit is based upon specific transac- tions, there is no means of determining whether the amount of borrowing on the sales made hasj been kept within safe limits, having regard both to the character of the purchasers and to the obli- gation of the borrowers to those from whom they have purchased. Many notable failures in banking history have been due to excessive discounts of paper representing actual sales of commodities, because purchasers had overbought and the bor- rowing sellers were overburdened with obligations 48 LOANS AND INVESTMENTS on account of what they themselves had purchased. Borrowing on sales made on a time basis creates contingent liabilities, and notoriously, contingent liabilities are likely to be regarded as no liability at all. Cash payments tend to diminish the contingent obligations of borrowers. They free the banks to a large extent from the necessity of going behind the borrower to the persons to whom he has sold his product. In the early years of the evolution of borrowing on single name paper it was perhaps less safe than double name paper. As the practice has become more general, statements from bor- rowers and credit analysis have become customary, and they are proving potent safeguards. Grad- ually a more exact knowledge of the limits within which credit can be safely granted to particular persons and in different lines df business is being developed. This knowledge can never be developed satisfactorily if the specific transaction is made the basis for credit. Much of course remains to be done in the field of credit analysis, and the devel- opment of more systematic and frequent business statements." 40. DANGER FROM BORROWING IN BOTH WAYS. Experience alone can decide when opinions so radically unlike are advanced with reference to the respective advantages of single name paper and the bank acceptance. It may, however, be stated with confidence that either of< these methods of borrowing alone is far more LOANS AND INVESTMENTS 49 satisfactory than both in combination. If a bor- rower discounts trade acceptances the quality of his single name paper must evidently be changed for the worse. In discounting his trade paper the borrower has hypothecated the main source from which cash flows into his business. During the immediate future while both methods of borrowing are being tested, the banker must carefully guard against the danger that many concerns will attempt to borrow in both ways. 41. BANK ACCEPTANCES. A bank accept- ance is a bill of exchange drawn on and accepted by a bank. It is a method of borrowing which possesses many of the advantages of both single name paper and the trade bill. National banks, under an amendment to the Federal Reserve Act passed in 1916, are permitted to accept not only foreign bills but also domestic bills, accompanied by shipping documents or secured by goods in warehouses, or a lien on goods sold. In a number of the States trust companies and State banks are also permitted to enter the acceptance field. The bank acceptance is unlike the trade acceptance in many important respects. The accepting bank bases its readiness to accept upon very much the same con- siderations which are taken into account in dis- counting single name paper the character and financial position of the borrower, as shown by financial statements and other information. It is, however, by no means certain that the bank 50 LOANS AND INVESTMENTS acceptance will come to be commonly used in domestic business in this country. In Germany it is a method of borrowing favored both by banks and the business community. In other countries, notable England, the use of the bank acceptance is confined almost entirely to foreign business. This difference in banking practice is apparently in large measure a consequence of differences in the available supply of funds at the disposal of banks. In England, where the supply of funds! which the banks would willingly employ in do- mestic commercial loans has far exceeded the demand, the banks have naturally preferred to dis- count rather than to accept for their customers. A similar disinclination among bankers, coupled with the greater complexity of acceptance arrange- ments, as contrasted with the discount of notes and payment by checks, will work against the general adoption of the bank acceptance in do- mestic business in this country. In parts of the country where the lending capacity of the banks is insufficient to meet local requirements, it is not unlikely that much use may be made of the bank acceptance. The acceptance of a bank gives to the obligation a currency which neither trade bills nor single name paper can contain. The purchase of acceptances may well prove a profitable and satisfactory investment for banks in those parts of the country where there is regularly a surplus of available funds. CHAPTER II Agricultural Loans 42. COMMODITY PAPER. Agricultural loans are not essentially different from industrial loans. Both are made to assist in producing ma- terial for market, although farm products are, for the most part, not ready for human consumption when they leave the grower's hands, but form the basis for industrial operations that make them usable. Farming with live stock raising is the characteristic occupation of this country, and this is recognized by the Nation and the various States in the creation of agricultural departments in their plans of administration, by the establishment of agricultural colleges, and by various special enter- prises intended to promote better farming. The Federal Reserve Act and rulings of the Federal Reserve Board wisely contain provisions granting special privileges to agricultural and live stock paper. Few things marketed from the farm can be produced in ninety days, which is the maximum maturity for other paper eligible for purchase by Federal Reserve Banks. Agricultural and live stock paper having more than three but less than six months to run, however, may be received for dis- count by Federal Reserve banks to an amount to be fixed from time to time for each Federal Reserve bank by the Federal Reserve Board. The market- Si 52 LOANS AND INVESTMENTS ing of staples such as cotton and wheat is a diffi- cult problem. The time they are ready for sale cannot be controlled and distributed throughout the year, as in the case of manufactured articles, but is regulated by seasons and weather conditions; and, with moderate variation, each crop is ready in all sections at about the same time. Transporta- tion facilities are inadequate to move such vast quantities immediately, storage room can not be provided at the various mills which will consume it, and prices would of course be demoralized if the entire crop were thrown on the market at one time. Thus much of these staples remains in the hands of producers for a time, and is sold gradually. When properly stored and otherwise complying with regulations, such goods may be used as se- curity for "commodity paper," which is eligible for discount by Federal Reserve banks at favorable rates. 43. GRAIN CROPS. The leading crops are wheat, corn, oats and barley. The term "grain," as used in banking and commodity exchange circles, usually applies to these four products, but it may be used to include flaxseed, rye and buckwheat. About 200,000,000 acres of land are devoted to the production of the country's grain crops. The prin- cipal wheat growing States are North Dakota, Kansas, Minnesota, Nebraska, Washington, Illi- nois, Indiana, Missouri, Ohio, South Dakota, Penn- sylvania, Montana, Oklahoma, Iowa and Oregon. LOANS AND INVESTMENTS 53 The country's wheat crop, in recent years, has varied from about 635,000,000 bushels to about 900,000,000 bushels. Over 70 per cent, of the world's annual corn crop is grown in the United States. In recent years the American crop has varied from 2,447,000,000 bushels to about 3,125,- 000,000 bushels. The principal corn producing States are Iowa, Illinois, Missouri, Ohio, Indiana, Kansas, Nebraska, Texas and Oklahoma. The annual oats crop of the United States ranges from about 953,000,000 bushels to 1,419,000,000 bushels. It is equal to from 20 to 30 per cent, of the world's crop. The annual barley crop of the United States varies from 136,500,000 bushels to 233,800,000 bushels. Generally speaking, grain is shipped in bulk. This is true of interior shipments when made by rail or water carriers, and of shipments for export. The only exceptions are grain handled on the Pacific Coast, where it is usually packed in sacks, and in special export shipments to Africa and Australia. 44. GRAIN ELEVATORS AND WARE- HOUSES. "Grain elevator" is a term applied to a storage warehouse for grain. Elevators are either owned by grain producers, by jobbers, by warehouse companies, or by railroad carriers. Some elevators are privately owned and used by the owner for storing the grain purchased by him. Others are operated as public warehouses. Usually the grain of various owners is placed in the same 54 LOANS AND INVESTMENTS bin, care being taken that all of grain deposited in a particular bin is of the same grade and quality. Where grain is thus placed in elevators, the identity of individual lots is lost. Special arrangements may be made in the case of public elevators for the preservation of identity, but higher storage rates must be paid under those circumstances. Country elevators, relatively small in capacity, are to be found all over the grain-producing sections of the country. They serve the purpose of locally concentrating the crop raised in each small district, before the same is shipped to one of the central markets. Each farmer hauls his grain to the near- est elevator, where it is conveniently weighed and then dumped into the elevator. The owners of these country elevators usually purchase for cash the grain delivered by the farmers, and they in turn sell the accumulated supply to dealers located in the larger centres. There are four principal classes of country grain elevators: first those operated by "line companies" ; second, those owned by local grain dealers; third, those operated by farmers' co-operative associations or companies, and fourth, those run by mill owners and malting concerns. "Line companies" are corporations which own and operate a chain of elevators along one or more railroad routes, and which have head- quarters in primary markets, to which shipments are made of the grain bought and collected from farmers. LOANS AND INVESTMENTS 55 45. MARKETING GRAIN. Owners of country elevators pay the farmer for his grain as soon as it is weighed and deposited. Owners of local country elevators, whether they be small dealers or line companies, obtain financial assist- ance by borrowing money from banks on shipping documents covering the grain sent to primary mar- kets. Money is also borrowed on grain stored in the elevators, insurance certificates being required. The grain which is not consumed locally finds its way, sooner or later, to one of the primary markets, which are large distributing centres for domestic and export trade in wheat, corn, oats and barley. The sixteen leading primary grain markets are Chicago, Minneapolis, Kansas City, St. Louis, Duluth, Milwaukee, Omaha, Peoria, Louisville, Cincinnati, Indianapolis, Toledo, Cleveland, De- troit, Wichita and Little Rock. The aggregate receipts of these markets are greatly in excess of 1,000,000,000 bushels and the shipments amount to from 60 to 65 per cent, of the receipts. Not only are large supplies of grain concentrated at these primary markets, but facilities are afforded in these cities for cleaning, mixing, weighing, grading and storing the grain gathered from the numerous local markets. There are grain exchanges in these centres, and many milling and malting establish- ments are located there. The elevator warehouse facilities are naturally larger than those found in the smaller cities, and usually these warehouses 56 LOANS AND INVESTMENTS are subject to inspection and supervision by State authorities, or by the exchange authorities, or by both. Elevators located in the primary markets are equipped with machinery for loading and un- loading grain on and from water and rail carriers. Some of these elevators are "floating" warehouses, and may be moved close to ships bringing in grain. They are also equipped with hoppers, clean- ing machines, dryers, blowers and scouring plants. The leading seaboard markets are New York, Bal- timore, Philadelphia, Boston, New Orleans, San Francisco, Puget Sound points, and Portland, Ore. Grain is also exported by lake through the Welland Canal and via the St. Lawrence river from Chicago, Duluth, Detroit and other Great Lake ports. 46. STATE AND FEDERAL REGULA- TION. Some of the States have laws governing the operation of public grain elevator warehouses. Many of the laws specifically prohibit discrimina- tion in charges and services and require licensing and bonding of warehouse proprietors. Provisions are also made for the issuance of reports showing the amount of grain stored, and in some cases it is required that the grain should be graded and weighed and certificates issued by State grain in- spectors. The warehousemen are authorized to issue negotiable receipts upon which must be stated the quantity and grade of the grain stored. Public elevators in Chicago, for instance, are also required to register all receipts issued. Under the LOANS AND INVESTMENTS 57 Federal Grain Standards Act, passed in August, 1916, the Secretary of Agriculture was vested with authority to prepare standards of various grades of grain that may be traded in. The law also authorizes Government supervision of the work of State inspectors and inspectors engaged by grain exchanges. 47. GRAIN EXCHANGES. The grain ex- changes operate inspection departments or bureaus, the function of which is to inspect the grain stored in the terminal elevators. All the grain which is received in Chicago or New York is inspected and certificates are issued. Exchanges usually publish, a list of approved elevators. The inspection by the exchanges prevents the delivery of unmerchantable grain or of grain of a quality inferior to the one ; called for. The exchanges establish the grades, regulate the mixing, and weigh all the grain re-* ceived. Small fees are charged for the inspection. Canadian grain received "in bond" for trans-ship- ment to foreign ports is not inspected, but is only weighed. Members of the grain exchanges trans-: act business both in "spots" and in "futures." The relative prices at the different markets are largely influenced by the cost of transporting the grain, but also by other factors, such as the local supply and demand, the world's supply and demand, and other considerations governing price fluctuations in commodities. Dealers in grain, and the millers who produce flour, utilize the machinery of the 58 LOANS AND INVESTMENTS exchange for "hedging" purposes just as cotton merchants and spinners use the cotton exchanges to protect themselves against price movements. 48. GRAIN LOANS. Grain stored on the farm may be covered by a mortgage and thus form the basis for a loan by a country bank. The farmer sells his grain for cash to a local buyer. The buyer usually owns or leases a grain elevator, which he fills as the farmers haul in their products. He may have sufficient capital to carry on his busi- ness, but as a rule borrows some money from his local bank. The loan may be made on his general assets or secured in some way, but as the grain he buys is not in a public warehouse and is constantly coming in and going out, it is not the most desirable class of collateral. He will ship out about as rap- idly as possible, using the capacity of his elevator to take up the slack between receipts from the farmers' wagons and shipments as freight cars are furnished by the railroads. 49. SALES MADE BY GRAIN BUYERS. The buyer will sell mostly to grain dealers in the nearest grain center. Sales will be made on con- tract or on consignment. If on contract, the buyer agrees to furnish a given quantity of grain of a certain kind and quality at a certain price and within a certain time. If on consignment, the buyer sends the cars to grain dealers who sell to the best advantage on the open market, and account for the proceeds to the local buyer, less LOANS AND INVESTMENTS 59 tne commission. In either case the grain dealer finances the local buyer during the time the grain is in transit from the country elevator to the city. Assuming that he is satisfied as to the buyer's character and financial responsibility, the grain dealer will authorize him to draw a sight draft on him, with shipper's order bill of lading attached, for nearly the full value of the car of grain. The buyer deposits the sight draft in his local bank, which may or may not charge him something for making the proceeds immediately available, and thus enabling him to pay for more grain. The draft will be presented to the grain dealer in the city one day or several days before the car of grain arrives by freight. On the evidence of the attached bill of lading, the grain dealer pays the draft on presentation, and when the car arrives adjusts with the buyer any difference between its net value and the amount of the draft. 50. CREDIT GRANTED BY BANKS. It is evident that a grain dealer doing a large business will soon have a considerable sum of money ad- vanced on cars in transit. He will probably arrange with his bank for a loan up to a certain amount on his unsecured note, called his "open line," and for a Certain additional amount to be secured by bills of lading or warehouse receipts. Order bills of lading are receipts from railroads or other common carriers covering given quantities of certain goods to be transported and delivered only on the order 60 LOANS AND INVESTMENTS of the shipper. The country buyer endorses the bills of lading before attaching them to these drafts. While lacking some qualities which would make them perfect negotiable instruments, the order bills of lading are so regarded in practice, and are read- ily accepted as collateral to loans to grain dealers. Such loans are nearly always made payable on demand, as the total amount being used by the bor- rower varies from day to day. Substitutions of collateral are made daily also, as some cars arrive and the bills of lading are taken out, and others given the bank on new cars in transit. It is not uncommon for a bank to deliver to the borrower on his trust receipt collateral of this kind for which he will return substitutes later in the day. 51. WAREHOUSE RECEIPTS AS COL- LATERAL. The grain dealer may sell the grain he receives to mills or other dealers locally, in which case he receives immediate payment. Or he may sell to mills or dealers in some other city, in which case he will draw sight draft with bill of lading attached, much as the country buyer did in ship- ping to him. If public warehouse facilities permit, some dealers and mills will store grain for future sale or use. While theoretically warehouse receipts cover particular grain in certain bins or tanks, it is necessary to move wheat frequently to prevent spoilage, and thus different lots of wheat in some places become mixed with other lots of the sam^ grade. Where delivery of grain in Exchanges or, LOANS AND INVESTMENTS 61 Boards of Trade is made by means of warehouse (elevator) receipts, it is customary to require that bond be furnished to the Board of Trade by elevator operators and that weighers for the Board check all grain in and out, on whose reports receipts issued by the elevator are registered by the secre- tary of the Board. Elevators so bonded and con- trolled are called "regular." Warehouse receipts accompanied by insurance policies are thus good collateral. Banks loan on them freely with mar- gins of, say, ten to twenty per cent. Loans on ele- vator receipts are more likely to be time loans, and are frequently sold through brokers or to banks in other cities who are seeking investments. This is particularly true when the local banks are carry- ing full lines for the borrower or are loaned up closely. As substitution of collateral is often de- sired, it is a common arrangement for the local bank to hold the collateral on notes sold elsewhere, issuing collateral trust certificates to accompany properly identified notes. These certificates show that the local bank holds collateral of estimated value sufficient to cover the loan and is authorized to exchange same to the borrower for others of equal value. Notes of good firms so secured are desirable investments. Loans on grain stored in public warehouses are classed by Federal Reserve Banks as "Commodity Paper" and given a prefer- ential discount rate. 52. COTTON AND ITS PRODUCTION. 62 LOANS AND INVESTMENTS The principal cotton-growing States are Texas, Georgia, Alabama, Mississippi, Oklahoma, South Carolina, Arkansas, North Carolina, Louisiana, Tennessee, Florida, Missouri and Virginia. Some cotton is also produced in the States of California, Arizona, Kansas, New Mexico and Kentucky. The planted acreage in recent years has totaled from 31,500,000 to 37,500,000 acres, the first four States named contributing about two-thirds of the aggre- gate. The production of cotton in the United States during the past ten years has varied from about 10,300,000 bales of 500 pounds each, to more than 16,900,000 bales. The yield per acre averages from about 187 to 194 pounds, or slightly less than four-tenths of a bale. The United States pro j duces about 60 per cent, of the world's crop of cot- ton which is available for mill consumption. About sixty per cent, of each American crop is exported, nearly four-fifths of the foreign shipments going to Great Britain, Germany and France. 53. COTTON RAISERS. Cotton is raised in the South either by the homeowner, to whom the plantation belongs, or by the tenant farmer, who rents the cotton field from the landowner. The payment of money rent is sometimes, but not gen- erally, practiced, and the tenant farmer usually ar- ranges to pay his landlord on a percentage basis of the crop. The two main methods are (1) the landlord and tenant agree that the proceeds of the crop shall be divided evenly, the land-owner fur- LOANS AND INVESTMENTS 63 nishing the land, houses, horses, feed and the tools, and the tenant supplying the labor; (2) the land- lord agrees to furnish only the land, in which case the terms provide that the tenant shall pay over to the landlord only one-quarter of the net pro- ceeds of the crop. The Southern States have stringent lien laws which protect the landlords. Arrangements for renting cotton farm land are usually perfected before Christmas, and the tenant assumes occupancy on the first of the year. Be- sides the land, he is given possession of a small house, fitted with a stove, a barn and pasturage. A tenant farmer is supposed to have the necessary implements and live stock. 54. MONEY NEEDS FOR PLOWING. Having possession of the land, the tenant-farmer begins plowing. Whatever little money he may have saved up from the previous year's cotton crop is soon spent for food, and the farmer is soon obliged to buy on credit. He opens an account with a local supply house. The store may give him an open credit, or it may require the farmer to give his note, payable in the Fall. In certain cases the store insists that the notes be secured by a chattel mortgage on the farmer's implements. Frequently the farmer, in order to obtain credit from the supply house, is obliged to mortgage his interest in the growing crop. Sometimes he goes to his bank and obtains credit by executing such a mortgage. The money borrowed from the bank 64 LOANS AND INVESTMENTS he uses to buy for cash instead of opening credit at the supply house. The owner of the supply store in the South, having received little cash from his customers, is obliged to buy his goods also on credit. The usual practice is for him to either discount his note at the bank, depositing as col- lateral a bundle of notes he had received from his tenant-farmer customers, or else to present his own note to the wholesaler with the bundle of customers' notes. 55. PLANTING AND PICKING. The planting of cotton begins either in the latter part of March or early in April. The plant begins to grow in May or June, and then it is time to begin "chopping," that is, to cut out the surplus growth, reducing the sprouted stalks to a "stand," remove the weeds and clean up the soil. To do this work the farmer will hire labor, but in most cases he and his family will do their own "chopping." After the "chopping" and until picking time the farmer devotes his efforts to cultivating the field, and this process keeps him busy during the months of July and August. In Texas, cotton picking begins in the middle of July, but in other parts of the cotton belt the picking season does not start until about the first of September. Men, women and children, many of them colored, are employed in picking cotton. They are mostly piece-workers, few being paid on a weekly wage basis. The cotton farmer, having waited many months for the fruits of his LOANS AND INVESTMENTS 65 labor, uses all haste to rush his first bale to market in order to get cash for it. The rush to market of first bales invariably creates a currency strain, be- cause the small country banks are suddenly called upon to pay out a large sum of money in cash. The farmer needs the money to pay his laborers. 56. GINNING OF COTTON. Cotton, as it is picked, is hauled in loose shape by the farmer to the gin, where the lint is separated from the seed. In some cases the owner of the gin retains part of the ginned cotton as compensation for his services, but in other cases the ginner is paid in cash, so much per hundred pounds. After ginning, the cotton is put through the press, from which it comes out in neatly packed and strapped bales. 57. MARKETING COTTON. After the cot- ton is packed in bales the farmer takes it to market, where he disposes of it to "cotton factors," or to "cotton buyers." Cotton factors act as selling agents for the farmer. Sometimes they sell the cotton immediately, sometimes they hold it, and sometimes they ship it to a central market, where better opportunities are presented for disposing of the staple at advantageous prices. These cotton factors charge the farmer for storage, for trans- portation, for insurance, and a commission for their services. In recent years the cotton factorage busi- ness has become proportionately less important than heretofore. Cotton buyers are representatives of cotton merchants and cotton exporters whose 66 LOANS AND INVESTMENTS principal offices are located in the larger cities in the South or in New York. Cotton buyers are stationed in small towns throughout the South where it is convenient for the farmers to bring their cotton. The farmer hauls his few bales to a local market where he meets the buyer. The latter inspects the cotton by cutting into the bale to draw samples, and then quotes the price he is willing to pay. The farmer, if dissatisfied with the offer, may submit his cotton to sampling by another buyer who may make a more attractive offer. 58. COTTON TICKETS. If buyer and seller agree upon a price the farmer is handed a ticket upon which the purchaser marks the price per pound that is to be paid. The farmer takes his cotton to a designated weigher, who marks on the ticket the weight of each bale. The cotton buyer does not always give the farmer a check for the cotton, but often expects him to take the "ticket" to the bank after it is properly filled out by the weigher. When the farmer presents the ticket to the local bank, the bank figures out the money due him, country banks being equipped with cotton tables which facilitate calculating the value of each bale. The farmer is paid in cash, or else he is advised to permit the bank to put to his credit the proceeds of the sale of the cotton. 59. BANK ADVANCES MONEY TO COT- TON BUYERS. The cotton buyer arranges with LOANS AND INVESTMENTS 67 his bank that it should pay upon presentation of the tickets, but at the same time the cotton buyer usually does not have the necessary funds to his credit in the bank, and consequently the bank is called upon to make advances. The bank either permits the cotton buyer to overdraw his account during the day and give a note for same at the close of day retaining the cotton tickets as security, or else the cotton buyer is called upon to give a draft on the cotton merchant or exporter, whose agent he is. These cotton tickets are tantamount to certificates of ownership, and cotton cannot be moved without presentation of the tickets. The financial strain in the South resulting from the production of the cotton crop begins about June 1st in Texas and reaches its height about August 1st. The seasonal demand for money invariably necessi- tates borrowing by Southern banks from their cor- respondents in the East. In view of the fact that during the cotton picking season producers are in need of cash to pay their help, the Southern banks not only require bank credits but they are obliged to call upon their central reserve city cor- respondents to ship them currency. 60. COLLATERAL FOR BANK LOANS. The country banks borrowing in New York for crop purposes usually forward to their correspond- ents collateral in the form of notes, drafts and chattel mortgages which have been received from merchants and farmers. The Southern bank 68 LOANS AND INVESTMENTS usually executes its note and sends the collateral in a large bundle. The New York bank examines the same, but hardly ever has occasion to touch it, inasmuch as the Southern bank is always ready to take up its note at maturity. In the event that it is not in position to do so, the New York institu- tion will agree to a renewal of the note for another month or two. Money borrowed by Southern banks in August and September is usually paid by the end of November. 61. LOANS ON COTTON IN WARE- HOUSES. While the cotton buyers purchase cotton from the farmers as soon as the cotton is ginned and baled, they are not in a position to dispose of the staple until they accumulate a sub- stantial shipment. Consequently, pending the de- livery of cotton to American mills and to foreign spinners, the cotton merchant (for whom the buyer has been acting) is obliged to place his cotton in storage in warehouses, cotton yards and on com- press platforms. Requiring funds to carry the same, or to buy more cotton, the merchant obtains a loan from his bank, secured by a warehouse receipt. Bankers who are asked to advance money on ware- house receipts for cotton do not only take into con- sideration the character and responsibility of the borrower but they examine into the safety of the warehouse and the financial standing of the ware- houseman. Warehouses, in issuing receipts, usually inspect the cotton, weigh the bales and furnish a LOANS AND INVESTMENTS 69 receipt describing the quantity and quality of the cotton placed in their care. Congress passed a bill in August, 1916, which provides for the Federal licensing and supervision of warehouses where agricultural products, such as cotton and grain, are stored. It is believed that banks will now be willing to advance money on warehouse receipts more freely than they have been in the past. 62. ASSISTANCE OF FEDERAL RESERVE BANKS. Notes and drafts secured by approved warehouse receipts for cotton are rediscountable at the Federal Reserve banks. A special rate for this character of paper, lower than the trade ac- ceptance rate for the same maturity, has been established by the Reserve banks in the South with the approval of the Federal Reserve Board. This special "commodity rate" applies to paper not having more than 90 days to run. The assistance rendered by the Reserve banks has made it possible for banks in the South to charge lower rates to customers who elect to carry cotton in warehouses pending the receipt of orders for the same, or in the hope of obtaining higher prices for the staple at a later date. By being able to rediscount paper secured by warehouse receipts, the banks have been placed in a position where they have a larger supply of funds available to borrowers. In recent years it has been customary for the Secretary of the Treas- ury to make deposits of Government funds with Southern banks during the crop-moving seasons. 70 LOANS AND INVESTMENTS This has had the effect of instilling confidence in growers and merchants, and has helped in prevent- ing or abating money stringencies. Since Decem- ber 31, 1915, instead of depositing Government funds with National banks, the Secretary of the Treasury has made deposits with the Federal Re- serve banks in the South. 63. COTTON MERCHANTS AND EX- PORTERS. Concerns which buy cotton from farmers and factors are known as "spot houses." They deal in all grades of cotton and sell to do- mestic as well as foreign spinners. Many of these houses maintain offices or headquarters in New York and some operate from New Orleans, Dal- las, Galveston, Memphis and other cities in the South. The price offered the farmer by the buyer who examines the cotton largely depends upon the quality of the cotton. The merchant or exporter is very much concerned with the grade and length of cotton, for the reason that spinners, in making purchases, usually specify in detail the character of cotton they require. One grade may be available for one mill and be practically of no value to another. 64. CLASSIFYING COTTON. The work of grading or classifying cotton is a specialty. Ex- perts are not common. In many instances a single bale of cotton will contain several grades, but as a rule some one particular grade is found in pre- ponderance. Moreover, cotton varies according to LOANS AND INVESTMENTS 71 the place of production, and it is the function of the spot dealer to be familiar with all grades and markets, and to be able to supply the exact grade required by particular customers. When a spot house receives an order for 100 or 1,000 bales of ai particular grade, it must gather the necessary quantity together from all parts of the South if it- finds that it has not the required cotton in its store or warehouse. 65. FINANCING EXPORTS OF COTTON. When the cotton exporter in the South receives an order to ship 1,000 bales to Liverpool at a fixed price, he delivers the cotton to a railroad or to an ocean carrier, if he happens to be located at a sea- port, and secures a through bill of lading. The price determined upon is usually what is known as "C. I. F. & 6%," i. e., cost, insurance and freight, and 6 per cent, for tare deducted. The shipper has the cotton insured. He draws a 60 or 90 day draft, payable to himself, for the invoice value of the cotton. This he indorses on the back in blank. The draft or bill of exchange is drawn either upon the foreign cotton merchant or spinner to whom the cotton is being shipped or upon a foreign banfe which has an arrangement with the purchaser to accept his bills. The Southern cotton shipper sells the draft with the attached bills of lading and in- surance certificate to his bank, or sends the draft with the documents to a broker in New York, who sells the draft to some New York institution. The 72 LOANS AND INVESTMENTS shipper must pay a small commission to the bank and a commission to the broker. The bank buying the draft pays for it in dollars, according to current rates of exchange, the equivalent of whatever foreign money the draft may call for. The bank buying the bill forwards it to a correspondent abroad, who presents it for the purposes of "ac- ceptance" to the purchaser of the cotton or to the latter's bank. After the bank stamps its acceptance upon the bill the same is sold and bought in the open market until maturity, when it is paid. 66. COTTON EXCHANGES. In the United States there are only two markets for "cotton futures," one in New York and the other in New Orleans. Members of the cotton exchanges lo- cated in these two cities deal in contracts for the future delivery of cotton. The contract traded in is a basic one, that is, it provides for the delivery! of cotton of a basic grade, middling, and provision is made for adjustments in cases where the cotton actually tendered for delivery is not of the basic grade but consists of a number of bales of a higher grade and a number of bales of a lower grade* Under the form of contract traded in, the seller has the option to deliver any of the established grades, price adjustments being made for differences in grades in accordance with relative prices for the various grades established by the "fixed differences" of the exchange. The functions of the exchanges are to provide a continuous market, to disseminate LOANS AND INVESTMENTS 73 trade and crop information, and to afford an organ- ization where future conditions and events may be systematically discounted, all of which tend to establish world prices for the commodity. More- over, the exchanges are used for speculation. Ac- tivity along those lines helps to establish a proper, price level and incidentally aid in distributing the; money losses and profits involved in assuming the inevitable economic risks of changes in value. 67. PROCESS OF HEDGING. Besides fur- nishing means for establishing market prices, one of the chief services rendered by cotton exchanges is that of providing the necessary machinery for hedging. Hedging is in the nature of insurance or protection against loss occasioned by price fluctua- tions. The hedging practice is resorted to by cotton merchants, by spinners and by manufacturers of cotton goods. A Southern cotton merchant, con- tracting in July to deliver 1,000 bales of cotton to a spinner in January, will frequently instruct his broker on one of the exchanges to buy for him a "future contract" for the same quantity of cotton deliverable in January. If by the time the merchant delivers the cotton to the spinner the price has advanced two cents a pound above that at which the contract was made, the merchant stands to lose two cents a pound. He, therefore, instructs his broker to sell out his "futures" on the exchange. Inas- much as the price of "futures" and the price of "spots" usually fluctuate in unison, it is safe to 74 LOANS AND INVESTMENTS assume that the loss the merchant suffered in the one transaction he will have wholly or partially recouped by the profit on the other. The prices paid to growers and the prices at which cotton is sold to domestic and foreign spinners are based largely upon the price of futures quoted on the exchanges. 68. UNITED STATES COTTON FUTURES ACT. As amended by the Act of August 11, 1916, the United States Cotton Futures Act of February 18, 1915, provides for Government regulation of trading in contracts for the future delivery of cot- ton. Briefly, it imposes certain requirements for the conduct of business on the cotton exchanges, and imposes a penal tax of two cents per pound in the event that transactions are not carried on in accordance with the specifications. The law vests with the Secretary of Agriculture authority to pre- pare and promulgate standard grades of cotton. The law also makes provision for the settlement by the Agricultural Department of disputes arising between buyer and seller. The amendment to the act provides for trading in specific contracts. 69. LIVE STOCK LOANS. Live stock rais- ing is one of the most important factors in the economic life of our nation. Horses and mules as work animals are almost indispensable to agricul- ture; sheep and hogs produce great wealth in meat, wool, lard, etc. ; but cattle are the greatest source of income, giving us beef for ourselves and for LOANS AND INVESTMENTS 75 export, hides for leather, milk, butter, cheese and the innumerable by-products of packing houses which increase returns so largely. They are the basis for many loans and of great interest to bank- ers. Farmers are realizing more keenly and more generally than ever that the best way to market corn, hay and other feedstuffs, is on the hoof, or as dairy products, and that by so doing they not only obtain the greatest return for their salable crops, and use some which would otherwise be worthless, but they can return to the soil much of its fertility. Cattle are raised in every State in the Union, both for beef and for dairy purposes. It is claimed that no breed of cattle combines satisfactorily milk and beef qualities, and for convenience we will consider them divided into these two classes. 70. DAIRY CATTLE. Scientific dairying is highly developed in Wisconsin, Minnesota, Ohio, Pennsylvania, New York, Iowa and certain other States, where it has been carried on successfully for many years, and herds of registered and other high grade cattle are the rule. The income from animals of this type can be anticipated with reason- able certainty. Loans to owners are commonly made on their showing of assets, including cattle, and not on chattel mortgage security. Such loans to experienced and responsible men are most de- sirable. Dairying is a growing industry in many States in addition to those named. The rapid increase of population m cities, and the stronger 76 LOANS AND INVESTMENTS demand universally for milk and milk products of high sanitary standard, have made it increasingly profitable. The establishment of creameries and condensaries has helped greatly. In some sections, such as Kansas and Oklahoma, bankers have brought in good young cows from well-known dairy herds and sold them, one or two or three to a man, lending him the whole amount of the purchase price with a mortgage on the cows as security. When care is used in selecting the men with whom this arrangement is made, it soon results in a profit to both banker and farmer, and, better still, helps in the upbuilding of the community from which the bank draws its support. In new countries the wife's few cows (with the help of the chickens) have often brought in the only cash income the family had while they established themselves and raised a crop. Agriculture received the man's thought and effort for a few years because it required less capital and brought quicker returns than livestock raising. When his finances permitted he branched out into fattening some cattle on his grain and thus making two profits. Dairying came much later on, when the price of milk advanced, its marketing became convenient and the continuous income offered at- tractions. So all through the farming section of the central plains States will be found these stages of evolution; not that dairying crowds out feeding, but it finds its own place, stays, and adds to the growing wealth of our nation. Bankers may sus- LOANS AND INVESTMENTS 77 tain losses on loans for pretentious attempts in dairying by inexperienced men with high-priced cattle, but loans of moderate amounts to capable and industrious men for the purchase of dairy cows are thoroughly sound. 71. BEEF CATTLE. The raising of cattle for beef purposes is likewise a science. It must be remembered that while a great many animals in the aggregate remain in the hands of their first owners until sold for slaughter in a local abbattoir, others are sold half a dozen times and are shipped to and from market three or four times before killed. These markets are the stockyards where packing houses are located. The large packing houses will buy at all times cattle of any age or weight, whether young calves for veal or old ("canner") cows and ("bologna") bulls. The prices offered fluctuate constantly, but a man who wants to sell is sure when he ships cattle to the stockyards that he will find a buyer. Nor are the packing houses the only buyers at the stockyards. A farmer or cattle man who wants a certain number of a certain kind of cattle goes in person or instructs a commission firm in whom he has confidence to buy them for him on the market. It not infrequently happens thaU he will buy and ship back home cattle which were sent in from his own neighborhood. One man may bring in steers which he thinks are thoroughly fat. Another man sees them and believes that by judicious feeding he can put more weight on them 78 LOANS AND INVESTMENTS in a short time, and profit by a fancier price as well as the added number of pounds. There are speculators there, too, ready to buy nearly any- thing on which they have a chance to make money. Scattered animals of quality unlike others in the same lot, when brought into a bunch similar to themselves, sell to better advantage. Shipments received late in the day may sometimes be bought cheap enough to pay to carry them over night and leave the speculator a profit. The market price is affected by the number of cattle offered for sale. This in turn is affected by the time of year and by the season's weather conditions. Drought re- sulting in lack of stock water, dried up pastures, and short feed crops, will send cattle to market; a favorable season will keep them away longer. Conditions which are only local do not make much difference in the price, as the market re- flects the average for the whole tributary terri- tory, but the general crop situation has quite an influence. Cattle have gradually gone higher in price for several years. Meanwhile most of the largest ranches have been broken up, some into smaller pastures, some partly put to agricultural purposes. The class of cattle, notably in Texas, has improved so greatly as to fully equal those in older States. Farther north the agricultural col- leges have taught that balanced rations will reduce the time and cost for fattening. It must be con- sidered that in every step of handling cattle, breed- LOANS AND INVESTMENTS 79 ing, raising, fattening, marketing, there is constant change, and that no rules except of the most general nature can be laid down as to the practice of loan- ing money on them. It takes about four years to produce a beef animal; and while there is a market for it all the time, to sell too soon or to hold too long means a loss to its owner. Money can be loaned for only a few months at a time to complete some one of the processes in its production. 72. DEVELOPMENT OF THE INDUS- TRY. It has not been many years since the buffalo roamed the plains of Nebraska, Kansas, Oklahoma, Texas, New Mexico and parts of Col- orado, Wyoming and Montana. It was an ideal place for stock raising and was soon put to that use by the white man. The public land was leased for almost nothing, or used, as it frequently was, without making any payment at all. Gradually much of it passed into the hands of a relatively small number of men, each of whom controlled many thousands of acres. There were no fences, and for purposes of identification each owner had his mark or "brand," which was burned into the hide of each animal with a hot iron. Effective as this method is, it did not satisfy the New York money lender of a generation ago, who is reputed to have said "I would just as soon have a mortgage on a school of herring in the Atlantic Ocean as on a herd of cattle in Texas." The breeding grounds of the buffalo were mostly in the warm climate 80 LOANS AND INVESTMENTS of the South and Southwest and in the spring of the year a migration set in northward with the growth of the grass. So with the cattle. They were bred in the South and Southwest and grad- ually drifted north toward the markets through the range country as spring and summer advanced. When the free ranges were finally fenced into huge ranches, the handling of cattle continued much as before, except that where conditions were not favorable to the breeding of cattle but were better adapted to the feeding and completion of them, cattle were shipped in from the great southern breeding grounds. As the larger ranches were divided into smaller ones, specialization became a little more advanced, so that shipments and changes in ownership were more frequent. With the influx of population that required and demanded land for farming purposes, there was a conversion into farms of those ranches which appeared adapted to the purpose. These first farmers were not cattle raisers. It seemed foolish to compete with men producing cattle so cheaply on the ranches. Many failed to farm successfully because of ignorance of the soil, climatic conditions, and related natural laws which must be followed. Gradually this knowledge was acquired and corn and other feed became plentiful. Cattle prices were advancing and it was seen to be profitable to put a bunch of them in the feed lot for fattening in the fall and sell them in the spring. Thus the territory be- LOANS AND INVESTMENTS 81 came divided roughly into sections corresponding with the steps in the production of the beef animal. 73. QUARANTINE LINE. Bred in the South, the animals remain there until about a year old, then they are moved north into Texas and Oklahoma and some counties in Kansas and Colorado, where the winters are a little more severe, and when three to four years old they are taken into the feeding sections of Kansas, Missouri, Nebraska, Iowa, Illinois, etc. In this movement northward the quarantine line is crossed, where each animal must be "dipped" to prevent carrying fever contagion to uninfected districts, or else shipped direct to separate "quar- antine" pens at the stockyards for killing. The purchaser in each northward movement may go south and search for such a bunch of cattle as he wants, or he may go to a central market where there are many sellers. Cattle will be owned on the average by four stockmen before sold for killing. On any of the trips to market the packer's offer may be higher than that of any feeder, and the cattle go for beef. Some of the calves will be taken when still carrying the milk fat, and fed so as to retain this, and reach a size and weight at about a year old that enable them to be sold for "baby beef." Thus the variations from the schedule given above are numerous, and while it persists in the main it is quite irregular. The plateaus and valleys of the Rocky Mountain and Pacific Coast States produce 82 LOANS AND INVESTMENTS conditions quite similar to those in the Western Plains States. 74. LOANS ON RANCH CATTLE. It is evident that since ranch cattle are handled in rather large herds the funds of small local banks are en- tirely inadequate to carry the necessary loans. This want was at one time largely met by commission firms at the markets, who made loans to buyers of cattle through them, endorsed the notes and sold them wherever they could find buyers. As the paper came to be in demand, the firm found^ it possible to make a brokerage on the loans and commissions on the purchase and sale of the cattle- Desire to do a large volume of business and some unfavorable seasons resulted in failure on the part of some firms to protect endorsed paper and brought these loans into disrepute. There are good firms doing a conservative and profitable business now in both commission and brokerage lines, but in late years the tendency has been to make them separate businesses. Live stock loan companies have been incorporated with organizations equipped to inspect the cattle mortgaged and all conditions which influence the success of the undertaking. 75. STOCKER LOANS. A loan on aged steers to finance their final fattening is about as certain of natural liquidation at maturity as can be found. Younger steers are practically always in demand in some parts of the country and are hardier than cows. Hence natural division of cattle LOANS AND INVESTMENTS 83 loans is into (1) those on steers one year or more old and (2) those on stock cattle, consisting of breeding cows, heifers, calves and bulls. Loans on stock cattle, when made to reliable and capable men, are about as certain of ultimate payment as any othess, but it is not so certain that payment can be forced at maturity without inconvenience and possible loss to the borrower. Unfavorable seasons, unusual death losses among the calves, a bad market, etc., may leave the deal without profit, or worse, if immediate sale must be made; but by selling some, and perhaps extending the time an- other six months or a year, to increase the calf profit, the deal may eventually turn out very well. Local banks may well make loans of this kind, as they know the customers thoroughly, are on the ground all the time, and can step in and take the cattle if necessary before a serious loss occurs. Such loans, with local bank endorsements, are readily taken by bank correspondents to an extent based largely on their balances. The steer loans can be obtained from larger banks or from cattle loan companies. The loan companies, however, do make loans on stock cattle very frequently, and when there is a surplus of money and the demand for paper is great, buyers take the notes readily. On the whole, "cow loans" are not quite so good for the distant purchaser and should be kept as close at home as possible. 76. STEER LOANS. The largest part of the 84 LOANS AND INVESTMENTS paper sold by the loan companies is secured by steers. Without forgetting that loans on other classes of cattle are handled similarly, a steer loan may be considered as typical. In April or May a cattleman of experience goes to the loan company where he is acquainted and tells them he wants to borrow thirty thousand dollars to buy two-year-old steers, for which he has sufficient pasture with good water to carry them until fall. If he has cash on hand for part of the cost price, so much the better, but a considerable margin will not be required, and sometimes the whole purchase price will be loaned. This is because the lender looks at some other things in addition to the property to be mortgaged* The man himself is the first consideration; his record as a successful handler of cattle, and his reputation for honesty and industry. There is a saying that "the brand on the man is more im- portant than the brand on the steer." The second question is, are the cattle worth the money, and of such a class as will increase in value through natural growth and reasonably insure payment of the debt when due? Third, has he made ample provision for taking care of the steers during the life of the loan? Fourth, what other assets has the borrower? As a matter of record and to set these points out in detail for consideration, a statement will usually be asked for. Items to be found in such statements include name, age, legal residence, with Section, Township, Range, County, State and 3 LOANS AND INVESTMENTS 85 Post Office; under assets, the personal property, giving number of steers one year old, steers two years old, steers three years old, steers four years old and over, heifers one and two years old, cows, calves (with year of birth), bulls, horses, mules, sheep, and hogs, the per head and total value ofi each class being shown, feed on hand (itemized), cash on hand, and other personal property, and also real estate, including homestead less exemption and other real estate less encumbrance; under liabilities, full details of any encumbrance on live stock, other borrowed money, amount due relatives and other debts; under general information, the number of acres and kind of land under lease, the rental price, statement as to any judgments or suits pending, reference to other persons informed as to borrower's financial condition, number of years lived at present location, former residence, whether surety on anv notes or bonds, etc. 77. PURCHASE AND DELIVERY. The application having been considered favorably, the cattleman arranges his purchase. The delivery of the cattle to him, payment therefor to the seller, inspection of the cattle by the agent for the loan company, execution and delivery of the note and mortgage, and filing of same for record in the proper place or places, will be as nearly simultaneous as possible. In this instance the loan company takes six notes of five thousand dollars each, all secured by the one mortgage. This is so that one or more 86 LOANS AND INVESTMENTS of the notes may be sold to customers who could not carry as much as thirty thousand dollars of any one maker's paper. These are called "split loans." A few bankers will not buy notes unless all of the loan is owned by them, as they believe there is a possibility of loss due to the diverse interests, if anything goes wrong, and quick action to a single purpose is necessary. Other buyers rely on the loan company's endorsement and accept "split loans" without question. Banks and others seek- ing investments write to the loan company for paper. The notes are sold them, endorsed by the loan company, at a lower interest rate than the company charged the borrower. Copies of the mortgage and of the maker's statement may or may not accompany each note. The loans run about six months, being chiefly made in April or May and September or October. This is partly because banks are unwilling to put their money out for longer periods, and partly because these are the seasons of change in cattle ownership, when one man takes his profit to date and another begins the next process in the growing of the animal. When the notes come due the loan company must provide for their prompt payment to the holders, and this whether the cattle are sold and money paid by the borrower or not. It must be prepared to carry some paper for a short time with its own funds. The company will have kept track of the cattle during the six months, watching for any unfavor* LOANS AND INVESTMENTS 87 able condition or any dishonesty, and will know when they can be sold. If the borrower wants to keep them six months longer, the company may consent, and so make a new loan on the same cattle to the same man. Otherwise they are put on the market and enough of the proceeds turned over to the loan company to satisfy its claim. If the pro- ceeds should be insufficient, the borrower must make up the difference in some other way or the company loses. 78. FEEDER LOANS. The paragraphs just preceding refer to cattle in pastures where grass is practically the only food they have except per- haps some cotton seed cake in bad weather. Men- tion has been made of cattle going to the feed lots of Kansas, Iowa, Illinois, etc., when they have about reached maturity, to be fattened for killing. In addition to the Southern bred cattle brought in, there are, of course, many which have been raised in small bunches in these central States. Often superior individual attention and careful feeding matures them at an earlier age than the Texas steer. Wherever they have been raised, they may be fattened in pastures on grass in the spring and summer, but those to be fattened in the feed lots! through the winter must be fed corn, alfalfa, silage or other roughness, and the like. Cows and heifers (particularly spayed heifers), are sus- ceptible to very profitable feeding of this kind, and loans on them for that purpose are freely 88 LOANS AND INVESTMENTS made both by local banks and by loan com- panies. But here again the steer loan has a little the preference. His superior resisting power in bad weather, if nothing else, gives him an advantage, according to general opinion. Banks in the feeding country are larger and more numerous than in the South, and can handle a greater proportion of the loans without outside help. The loans are likely to be smaller, too, as the cattle will be handled in bunches of moderate size. Nevertheless, the loan companies do a considerable business with the larger borrowers and with those in communities where the number of feeders is too great for the local bank. Loans by the companies are handled in the manner already described. If the borrower has plenty of feed and has provided water and shelter, the full purchase price is often loaned. There are no requests for renewal of this paper, for the cattle must go for killing when ready, almost regardless of prices. The advantage of certain maturity is had, but at the sacrifice of any oppor- tunity to work out of a bad situation. Hogs are often put in the feed lot to follow the cattle, and the profit in feeding is not infrequently in the hogs. They are sometimes included in the mortgage ort the cattle. Fertilizer from the feed lot, when spread on the fields, is a most valuable return to the farmer, which should not be overlooked in fig- uring his earning on a feeding operation. 79. BUYING CATTLE LOANS. As already LOANS AND INVESTMENTS 89 mentioned, cattle loans bearing the endorsement of local banks, for amounts proportionate to the bank's business, are desirable investments by their correspondents. Other cattle loans sold to in- vestors serve the good purpose of bringing together a wholesome industry and unemployed capital. Well handled loan companies are profitable to all parties. But there are dangers. The surplus of money in recent years has made it very easy to sell paper. Individual bankers situated where they can loan to advantage have sold a great deal of paper with their personal endorsement. Most of this is undoubtedly good, but tight money, and a bad cattle market when it is due, might em- barrass the endorsers. Some bankers and others have organized loan companies with very small capital and used the companies' endorsement in- stead of their own. Not that loan companies are bad because they are small and good because they are big, but the amount of paper endorsed in pro- portion to capital must not be overlooked. Careful attention must be given to the reputation of the pianagement, and to the personnel, financial associ- ations and history of the company. Purchasers of cattle paper relying on endorsements should not fail to familiarize themselves with the business to the extent that they will know something at least as to the values represented by the cattle security, of the practices in their handling, and the general conditions prevailing in the locality. 90 LOANS AND INVESTMENTS 80. FARMERS' STATEMENTS. While ag- ricultural loans are made in every State in the Union, and therefore under a great variety of con- ditions, those made on the general credit of the bor- rower must be very like all loans which do not carry any definite security. When satisfied as to character, mental ability and experience, the banker will consider the financial condition of the borrower. In past years it has not been the rule to require statements from farmers. This is perhaps due to the fact that the land itself, the improvements, the crops and the live stock, have market values which can be pretty accurately determined by the banker; and the quantity and quality of his customers' pos- sessions are known to him either from personal inspection or by information from neighbors. Bankers in farming communities have prided them- selves on knowing their customers, their families, their implements, and even the individual animals among their live stock. Such knowledge is mani- festly more intimate and accurate than can be had of other classes of borrowers. But while assets can be determined fairly well, liabilities are not so easily discovered or verified. A man of good stand- ing may, even without misrepresentation, borrow as much from each of several banks as he is war- ranted in owing altogether. The Federal Reserve banks urge that statements be obtained from bor- rowers, and require that statements accompany notes for large amounts. The agricultural colleges LOANS AND INVESTMENTS 91 are demonstrating the value of keeping accurate records of farm operations, and are distributing standard forms for the purpose. These influences aid the banker in his purpose to make his credit files confirmatory or independent of his memory. Farmers for the most part are not accustomed to detailed bookkeeping and if blank forms are handed to them to be filled out they should not be compli- cated. The principal items in most localities would be the number of acres and value of land owned, mortgage on same, value of town or city property, mortgage on same, number of head and value of live stock owned, grouped in kinds and ages, mortgage on same, cash on hand and in bank, notes and accounts receivable, indebtedness to the bank ob- taining the statement, and list of other indebted- ness not secured by mortgage. 81. TACT AND CO-OPERATION. Tact must be employed to obtain even such a simple statement from a man who has never signed one before, and the wise banker will fill in the informa- tion while talking it over with the customer; then ask him to read it over; see if it is correct, and sign it. It may even be best not to require a signa- ture the first time, but let the practice of making statements gradually become the custom. It is in going over such statements from year to year with customers that the banker may be most genuinely helpful in warning them against financial errors, borrowing money to carry grain for a better price 92 LOANS AND INVESTMENTS when they cannot afford to suffer a possible drop in price, buying more land than they can work or pay for in a reasonable time, buying live stock when they haven't sufficient feed to fatten it; in fact, the many temptations to enter speculative deals with- out being able to absorb a loss. It is here also that a banker may discover that his customer needs not a short time loan for a particular purpose but a more or less permanent loan for operating capital. A real estate mortgage loan will relieve the bor- rower of frequent renewals, and can be readily sold if desired, so that the bank is left in position to loan the money to other customers. 82. AGRICULTURAL PAPER FOR RE- DISCOUNT. When a banker takes paper with the intention of selling or rediscounting it, he may ask for a more detailed statement, copies of which will be sent with the loan. This may be a rather formal instrument, setting forth the borrower's name, age, legal address, with section, township, range, county, State and post office. The assets will include the homestead less exemption, other real estate less encumbrance, personal property de- scribed in detail as to number of yearling steers and price per head, number two-year-old steers and price per head, number of heifers, one and two years old, with price per head, number and price per head of cows, calves, bulls, horses, mules, sheep, hogs, etc., amount and value of feed on hand, corn, oats, alfalfa, other hay, sorghums, silage, other feed, etc., LOANS AND INVESTMENTS 93 cash in bank with name of bank, other grains or staples, description and value of all notes and ac- counts receivable, and other personal property. The liabilities will include encumbrance on live stock described in detail, with name of mortgagee, date, property covered, due date, rate of interest, etc., other borrowed money itemized, amount due rela- tions itemized, all other debts itemized. The state- ment will contain information about any leases to which the borrower is a party, as to judgments or suits pending against him, how long he has lived at present address, where he formerly lived, names and addresses of references, whether he is surety on any notes or bonds of other makers. Such declaration may even be sworn to before a notary public. Such statements are not infrequently re- quired from large borrowers even though the loans to them are secured by chattel mortgages. A strong showing outside of the property covered by the mortgage helps the sale of the paper. 83. IMPORTANCE OF PURPOSE. When satisfied as to the character, ability and financial responsibility of the customer, the banker may still hesitate before making a loan until he has learned what the money is to be used for, and whether pro- vision has been made for payment at maturity. It is true that in localities where loanable funds in banks regularly exceed the demand, notes of good makers are renewed regularly with no suggestion that they be paid. Just as in loans to merchants 94 LOANS AND INVESTMENTS or manufacturers, these may have grown out of short time notes given to cover particular opera- tions, but the makers finding it profitable to con- tinue using the funds, and the banks being satisfied the paper is good, more or less permanent loans are the result. It is not contended that this prac- tice is necessarily wholly bad, but loans of such character should not be allowed to form too great a proportion of the bank's investments. Particu- larly in a community where the demand for funds exceeds the local supply, continuing loans are likely to cause careless planning on the part of the makers, and to injure the bank by restricting its ability to serve the whole community, or to liquidate deposits when called on. The normal agricultural loan is self-liquidating. Money borrowed to buy cattle for fattening or to be used for seed or for planting, cultivating, harvesting or marketing crops, will be paid when the cattle or the crops are ready for sale. Various expense items are naturally included, such as cost of feed for work animals, wages of employees, family living expenses, imple- ments, etc. It is the part of the good banker to judge whether the amount he is to furnish is justi- fied by the probability of returns from the enter- prise and the ability of the borrower to pay if it proves unprofitable. Generally speaking, normal loans to farmers and live stock men of responsibility and experience are ideal from the banking stand- point. When, however, cattle or sheep are bought LOANS AND INVESTMENTS 95 with the idea of catching a quick upturn in price, or when staples are held for an advance and not because of inability to dispose of them rapidly, then a loan is no longer a normal one for agricultural purposes, but a loan for speculation in agricultural products, and should be treated accordingly. 84. COUNTRY BANKING PROBLEMS. Loans are based in some States almost entirely upon the borrower's general assets; that is, a mort- gage on personal property is very rarely taken. In other sections, chattel mortgages secure nearly every loan made by banks. This is particularly true in newly settled communities, where the bor- rowers have limited means and have not established records as to character. The laws aff ecting chattel mortgages differ in the various States as to place of filing for record, etc. It is always well to remem- ber two things in handling this class of paper. Have the wife sign the note and mortgage with the husband, whether necessary under the law or not, and describe the property in the mortgage so accurately and minutely that identification will be easy and unmistakable. Loans of this kind usually pay a high rate of interest, are for small amounts, and are troublesome as well as risky. They furnish practically the only means, however, of financing people who may later become good depositors. Loans to tenants are similar to those just described. Bankers who find it possible to keep sufficient funds employed otherwise, often refuse to make tenant 96 LOANS AND INVESTMENTS loans. While they admit that tenant farming is a growing menace, and that some of them may be helped to become landowners by judicious as- sistance from a bank, still the risk is something, the annoyance is worse, the public criticism on the foreclosure of a mortgage is embarrassing, and, as one man said, "if they are any good, they don't remain tenants long." Increasing land values is making it harder every year for a man to rise to ownership, and the problem of financing such ad- vancement should be studied in broad and patriotic spirit. Young men, sons of well-to-do parents, who begin their independent careers on rented farms, and with barely adequate equipment, are entitled to a special classification. They may rely on some parental assistance if it is absolutely necessary and on an inheritance some time in the future. Prefer- ring to set up their own households, they undertake farming on their own account. If they show good judgment in their undertakings, and bear favorable reputations, the banker has an oppor- tunity to help develop these young men in a busi- ness way, and to cement them to his institution by making them moderate loans without their fathers' endorsement, or other security. CHAPTER III Stocks and Bonds 85. OWNERSHIP AND INDEBTEDNESS. The words "stocks" and "bonds" have until re- cently been applied indiscriminately to the financial obligations of governments. Some of the early certificates of indebtedness of the United States were known as "stocks," and the same name still clings to certain obligations of the city of New York. In the language of modern finance, how- ever, bonds are certificates of indebtedness and stocks are certificates of ownership. In incorpor- ated companies bonds represent specific liens on property possessed, and stocks represent the prop- erty itself. In other words, the owner of stock in a company is a part owner of the company, and participates in the profits and losses, while an owner of bonds issued by the same company is interested in the success of the company only in so far as the security and punctual payment of such bonds, principal and interest, are concerned. The bondholder has no part in the operation of the company; ordinarily he has no voice in its man- agement; in short, he is merely a creditor; while the stockholder possesses a definite ownership interest in the company in proportion to the amount of stock owned by him. The bondholder is not responsible for the success or failure of the'enter- 97 98 LOANS AND INVESTMENTS prise, while the stockholder, in addition to the privileges which go with his stock, has that re- sponsibility and obligation which attaches to ownership. 86. STOCKS AND THEIR CLASSIFICA- TION. When a company or corporation is or- ganized, money or other things of tangible value which are invested in or contributed to the enter- prise by the organizers are known as capital. Such capital is evidenced by proportionate shares of value denominated capital stock. As a matter of convenience this stock is divided into equal parts, usually of $100 each, termed "shares of stock." The total amount of stock which may be issued is fixed by the charter of the corporation. To evidence the ownership of these shares, cer- tificates of stock are issued to holders in amounts equal to the number of shares owned. Thus, a stockholder owning $5,000 worth of the capital stock will have a certificate or certificates repre- senting 50 shares of $100 each. These certificates specify the number of shares owned, the par value, and certain other facts, as for instance, whether the stock is common or preferred, assessable, full- paid or not. Generally speaking, there are two classes of stock, "common" and "preferred," and the usual relation that each bears to the other is indicated by their respective names. 87. COMMON STOCK. The control or man- agement of a corporation, as a general rule, vests LOANS AND INVESTMENTS 99 in the ownership of common stock. Ordinarily the possession of a share of common stock entitles the registered holder thereof to a vote at recurring stated periods for the legally constituted repre- sentatives of the stockholders in the management of the affairs of the corporation. Such representa- tives are usually termed directors, and hold their authority by reason of a preference expressed for them by the owners of a majority in shares of the common stock of the corporation. Directors, when elected and during their term of office, have well defined rights and powers as to the determination of corporate policy and the appointment of execu- tive officers, but being compelled at definite times to relinquish office, are subject to the owners of a majority number of shares of common stock. The right of common stockholders to have a voice in determining corporate policy usually makes common stock more eagerly sought for in open market and renders unnecessary the payment of large dividends. Ordinarily the amount of divi- dends paid upon common stock is less in amount than that paid upon preferred stock. In some instances, however, common stock dividends ex- ceed in amount those of preferred stock. In some great corporations, such as the Pennsylvania Railroad Company, common is the only class of stock issued, while in the Great Northern Railway Company preferred alone is outstanding. The rights of common stockholders are very minutely 100 LOANS AND INVESTMENTS defined by law and very zealously protected by courts. Except where otherwise determined by charter or contract provision, the ultimate rights of common and preferred stock in a liquidation of corporate assets are similar. 88. PREFERRED STOCK. Ordinarily pre- ferred stock has no voting power, and is therefore not of value in determining corporate policy. Pre- ferred stock is primarily an investment stock, and is issued in such form and with such preferences! as to assets and dividends, over common stock, as to cause its ready absorption by the purchasing public, and thus provide funds for corporate ex- tension and development. The rates of dividends are usually fixed in amount and unearned divi- dends are usually made cumulative. By cumula- tive dividends are meant those dividends which, if not paid one year, must be paid in some succeed- ing year, at the fixed rate provided for, together with all dividends which have subsequently ac- crued. Oftentimes a minimum rate of dividend is fixed with a provision for an increase in propor- tion to and in common with the rate of dividend declared on an outstanding issue of common stock. Preferred stock is usually preferred as to assets in corporate liquidation over common stock. In case of failure to pay the fixed rate of dividend for a stated period of time, the right of holders of shares of preferred stock to vote, and of a determined number of shares to control corporate LOANS AND INVESTMENTS 10i' policy until resumption of dividends, is often ac- corded in an indenture providing the terms under which the stock is issued. Preferred stock has of late years more largely assumed the nature of a preferred investment, and sinking funds derived from earnings have been created for the redemp- tion of preferred stock in definite annual amounts at a fixed price or such lower price as may be determined by open market purchases. 89. FULL PAID STOCK. When a corpora- tion has received, either in cash or other value permitted by law, the full face of stock, such stock is known as "full paid," and that fact is so indi- cated on the certificates. If not full paid, the holder may be held liable for the unpaid portion, unless it is expressly stipulated by agreement that the share may be sold for less than its face value with the understanding that it may be considered full paid. When a corporation has not received its full value for stock which has been issued, al- ways excepting a reasonable deduction for mar- keting expense, such stock is known as "watered stock." This term as usually employed applies to, stock which has been issued in payment for prop- erty or services which have been given a value in excess of their true worth, or which represent expected future value. 90. TREASURY STOCK. "Treasury stock" is capital stock which has been authorized and issued, but instead of being sold or disposed of in 102 LOANS AND INVESTMENTS some other way, is held in the treasury indefinitely; or which, having been outstanding in the hands of the public, has been purchased by the company and not cancelled. Such stock is an asset of the com- pany, but it cannot be represented by a vote in the meetings of the company, nor does it ordinarily draw dividends. 91. CERTIFICATES OF STOCK. A "cer- tificate of stock" to be legal must be signed by the authorized officials of the company and sealed with the corporate seal. It must also specify the number of shares represented and must bear the name of the registered stockholder. The certificate of stock is not capital, but merely the evidence of ownership of capital, in the same sense as a deed to a piece of land is the evidence of ownership of the land. Stock certificates of a corporation are usually kept in the custody of a proper official, generally the secretary, and bound in a volume with a stub for recording each certificate issued. This stub bears the essen- tial facts concerning the certificate. If the certifi- cate is cancelled it must be returned to the conn pany and is attached to its original stub. Certifi- cates of stock may be transferred the same as any other evidence of ownership, but the voting power of such new stock is not transferred until a record of such transfer has been made on the books of the company. 92. VOTING TRUST CERTIFICATES. In the modern development of corporate finance an LOANS AND INVESTMENTS 103 instrument of practical value has come into wide use. It is termed the "voting trust." The voting trust is an agreement whereby the holders of the common or other controlling stock of a corporation agree to relinquish for a definite period their rights of control in corporate affairs to one or more in- dividuals, called voting trustees, who during the life of the agreement act for them in the administra- tion of corporate affairs, electing directors and per- forming the ordinary functions of stockholders. A voting trust is usually the corollary of internal dis- sension or financial reorganization, and is used to insure the restoration of confidence or the protec- tion of money advanced to restore the credit stand- ing of the corporation involved. Voting trust cer- tificates have the attributes of stock certificates and are assigned and transferred in similar ways. 93. SHARES WITHOUT PAR VALUE. It has long been customary to issue stock of a fixed par value, usually $100, the same having no rela- tion to the intrinsic value of the shares or to their selling price. In new companies, stock of fixed par value has sometimes been sold at one-tenth of that value, such transactions indicating depreciation in the value of the stock or the fictitious nature of the par value. In the last analysis, a share of stock is a certificate of ownership of a specific part of a busi- ness. The precise value of such specific part is determined by an inventory and a financial state- ment. The par value has no bearing upon its actual 104 LOANS AND INVESTMENTS value, except in so far as it represents a fixed unit of proportional ownership. The market price of a share of stock is dependent, in large measure, upon supply and demand, irrespective of the intrinsic value disclosed by the corporate books. To actu- ally fix the true value of a share of stock and to prevent as far as is possible the issuance of stock having a value fictitious, and not intrinsic, confus- ing in public service corporations the relation which rates and earnings should bear to actual capital investment, the certificate of stock having a par value has been abandoned in some States and cer- tificates bearing proportionate value issued in place thereof. Such certificates are accorded a face value of the actual original amount paid therefor, values being determined by the proportion of value which each certificate bears to the actual capital value of the corporate enterprise. 94. MANAGERS' SHARES. A recent inno- vation in corporate finance is the issuance of what are termed "managers' shares." Such shares are shares set aside by a corporation for purchase by, or presentation to, persons who are engaged in the active management of the corporation. These shares, limited in amount, usually pay a larger divi- dend after the regular dividend distribution than do the ordinary shares of the company. Thus the excess profits are in measure distributed among the men who through their efforts created the larger earning power of the corporation. In the LOANS AND INVESTMENTS 105 American International Corporation, a recent de- velopment in American finance, provision is made that if at any time one of the owners of the "man- agers' shares" resigns from active management of the company, or is dismissed by the directors, he must sell his managers' stock to the corporation at par or an appraised price, the same to be taken up by the man who replaces him in the service of the company. 95. TRANSFER OF STOCKS. On one side of a certificate of stock there is a blank form of assignment and power of attorney to transfer, which may be filled out by the owner when the stock is delivered to another person, with the name of such person, or may be signed in blank and de- livered. In most States stock so transferred carries full legal title, although in a few States registry must be made on the books of the company, to protect the transferee against the claims of a sub- sequent attaching creditor of the transferor who, serving a writ of attachment upon the company while the stock remains registered in the name of the transferor, will acquire superior rights to the prior unrecorded transferee. Furthermore, the transfer of a certificate of stock is not complete so far as the company is concerned until the transfer is recorded on the books. Prior to that time the transferee would have no voice in the management of the affairs of the company and the latter would be protected in paying dividends to the former 106 LOANS AND INVESTMENTS owner who would still appear as owner of record. A further point to be observed by purchasers or lenders of money upon shares of stock is whether the stock is subject to any lien of the company for indebtedness of the transferor. The laws on this subject in the different States vary greatly; in some States the company cannot acquire such a lien while in other States the company is given a lien or right to refuse transfer until the indebtedness of the owner of record is satisfied. This right of lien is sometimes expressly given by statute and some- times created in other ways. The full negotiability which attaches to bills and notes does not in all cases attach to certificates of stock. For example, the New York courts have held that where a stock certificate has been signed in blank and lost or stolen, the real owner does not lose his title to an innocent purchaser from the thief or finder; but where there has been unauthorized dealing with such a certificate, the innocent purchaser is gener- ally protected on the theory of estoppel if the real owner's negligence contributed to the misappro- priation. 96. STOCK TRANSFER AGENTS. With the development of large business through corpo- rate means, most of the larger corporations find it expedient in fact quite necessary to appoint a "transfer agent," who exercises entire supervision of the issue and transfer of their stock; and because of the predominance of New York City as a stock LOANS AND INVESTMENTS 107 market, a very large percentage of such agents are located in that city. These transfer agents are usually banks or trust companies, by whose selec- tion the corporation is assured of responsibility, reliability and accuracy, all of which are essential. Indeed so thoroughly precise must the transfer agent be that occasionally he is accused of being unnecessarily technical. The reason for the exer- cise of such extreme care may be found in the fol- lowing extract from the court decision in a recent case involving the transfer of securities: "It is the duty of such a corporation, before making such a transfer, to be satisfied of the genuineness of the power presented. In so doing, it must act on its own responsibility and incur its own risk of being misled by forgery or fraud, and it is no answer to a claim put forward by the true owner that the com- pany acted in good faith upon what it supposed to be genuine authority, and without negligence." 97. BONDS AND THEIR CLASSIFICA- TION. A bond is a contract between one party desiring funds and another party having funds to invest. It is a promise by the borrower to pay to the lender at a definite future time with interest a certain sum of money. The proper classification of bonds is difficult owing to their multiplicity and the ingenuity displayed in inventing new kinds and new names. Bonds may be classified according to (1) the character of the obligor, (2) the purpose or function of issue, (3) the_ character of security, 108 LOANS AND INVESTMENTS (4) the conditions of payment of principal and in- terest, (5) the evidence of ownership and transfer. 98. CLASSIFICATION ACCORDING TO CHARACTER OF OBLIGOR. In accordance with the character of the obligor bonds are classi- fied as "civil bonds" and "corporation bonds." "Civil bonds" include Government bonds, National and State, and municipal bonds. "Government bonds" include United States bonds, bonds of United States territories and dependencies, and bonds of the various States that constitute the nation. "Municipal bonds" include bonds of coun- ties, cities, townships, villages, and tax districts. "Corporation bonds" are classified as railroad bonds, public utility bonds, industrial bonds, timber bonds, shipping bonds, and miscellaneous bonds. "Railroad bonds" consist of bonds of railroads, steam or electric. "Public utility bonds" consist of bonds of street railway, gas, electric light and power, water, water power, and telephone corpor- ations. The terms "industrial," "timber" and "shipping" bonds are self-explanatory; "miscel- laneous bonds" include corporate reclamation bonds, real estate bonds and mining company bonds. "United States Government bonds" are those issued by the United States Government for public purposes. Their purposes of issue are naturally broader in scope than either State or municipal bonds. Among the various purposes for which Government bonds are issued are con- LOANS AND INVESTMENTS 109 struction and maintenance of interstate canals, cost of wars, improvements in the Philippine Islands and other territories and dependencies, and the Panama Canal. Most United States bond issues are purchased by bond houses, but occasionally there has been a popular bond issue, subscriptions to which have been extended to small purchasers. There are certain public duties to be performed by a State government, such as building highways, canals, State schools for various purposes, and charitable institutions, all of which may be the sub- ject of bond issues, the payment of which may be provided by taxation in the same manner as with municipal bonds. 99. CLASSIFICATION ACCORDING TO PURPOSE OF ISSUE. Among the bonds which derive their titles from the purpose of issue, are ad- justment bonds, income bonds, construction, equip- ment trust, extension, improvement, purchase money, refunding and terminal bonds. "Adjust- ment bonds" are issued to enable a company to ad- just its finances or for the purpose of adjusting the interests of two or more corporations. "Income bonds" are general obligations ranking in lien after all specifically secured bonds, the interest on which is payable only when earned as income, and in the amount determined by the directors. "Construc- tion bonds," as their name implies, are for the pur- pose of erecting new buildings, or in the case of a railroad, new trackage, and as a rule are secured by 110 LOANS AND INVESTMENTS a first mortgage on the property. A progressive railroad is under constant necessity of increasing its equipment, and therefore "equipment trust bonds,'* or notes, are issued, and the money thus raised is used for this purpose. Such bonds are secured by the equipment purchased. "Extension bonds" are issued primarily for the purpose of ex- tending the main line of a railroad from one point to another. "Improvement bonds" are issued for the purpose of repairs and improvement on a prop- erty. These, in the case of a railroad, may include buildings, stations, trackage, rights of way, and switch yards. "Purchase money bonds" are those which are used as part consideration in the purchase of properties. "Refunding bonds" are issued for the purpose of procuring funds which shall be used in retiring outstanding issues of bonds. Sometimes this is done to secure a lower interest rate and sometimes in order to take care of maturing obliga- tions. "Terminal bonds" are usually issued by subsidiary companies organized to hold title to terminal stations and properties for one or more railroad companies. 100. CLASSIFICATION ACCORDING TO CHARACTER OF SECURITY. Based on their security, bonds are divided into two classes, "unse- cured" and "secured." Federal Government, State and municipal bonds, while secured by legislative lien on tax revenues, are generally termed unse- cured bonds. They are unsecured because accom- LOANS AND INVESTMENTS 111 panied by no collateral contract, such as is the case with the majority of railroad, public utility and in- dustrial bonds. "Secured bonds" include such as have back of them actual value, which may be ob- tained by the bondholder through legal action in case of default in payment of the bonds. Among the various kinds of secured bonds may be men- tioned "land grant bonds," the security for which is a mortgage on the lands involved ; "real estate rail- road bonds," secured by a mortgage on real prop- erty not actually used in the operation of the road; "sinking fund bonds," secured by a fund created by a contract which is usually in the hands of a disin- terested trustee; collateral trust bonds secured by specifically pledged personal property of the bor- rower, "prior lien," "first," "second," "third" and "general" mortgage bonds, the security for which is indicated by their titles. 101. CLASSIFICATION ACCORDING TO CONDITIONS OF PAYMENT. Bonds which are classified in this manner include "gold," "silver," "currency," "legal tender," "callable," "convertible" and "joint" bonds. "Gold," "silver," "currency" and "legal tender" bonds are payable as indicated by their titles in the kind of money described. Practically all railroad bonds are gold bonds and therefore payable in gold. Some Mexican and South American bond issues are payable in silver. Ohio, Southern, and Western municipal bonds are frequently paid in currency or legal tender. "Call- 112 LOANS AND INVESTMENTS able bonds" are those which may be paid before maturity at a rate specified in the bond, which is usually above the par value. Fully three-quarters of outstanding railroad bonds are callable. Union Pacific First Lien and Refunding 4s, due in 2008, are callable, for instance, in 1918, at 107^ and interest. "Convertible bonds" are those which permit the holder to exchange or convert them at a specified rate into other forms of property, usually into common stock of the issuing company. "Joint bonds" are those whose security for payment is the responsibility of two or more corporations. 102. CLASSIFICATION ACCORDING TO OWNERSHIP AND TRANSFER. Under this classification there are three kinds of bonds, "cou- pon," "registered" and "registered coupon." "Cou- pon bonds" are those which contract for the pay- ment of interest by means of separate coupons for fixed amounts payable at stated intervals. These coupons may be detached and presented for pay- ment the same as any promissory note. "Regis- tered bonds" are those which are recorded with the registrar of the bond issue, and transfer of the title to same in order to be legal must be made with such registrar. In the case of registered bonds interest payments are made only to the registered holders or upon their order. "Registered coupon bonds" are those the principal of which is registered, the coupons being made payable to bearer. 103. MUNICIPAL BONDS. Broadly speak- LOANS AND INVESTMENTS 113 ing, any bond issued by the general government or any subdivision of the general government, such as State, county or city, is a "municipal" bond, but in the general acceptation of the term a "municipal" bond is one issued by a county, city or town, for the purpose of providing funds for public works or improvements therein. Such bonds may be issued for the erection of a schoolhouse, and be known as "school bonds," but must be paid by taxes levied upon the people in the municipality or school dis- trict issuing the same. Bonds for street improve- ment, sewers, waterworks, or drainage, issued by a municipality or a subdivision thereof, come under the heading of "municipal bonds," and their pay- ment is provided for in the same way. In consid- ering municipal bonds as an investment, the first and fundamental consideration is that of legality. It has sometimes happened, even after all legal phases of an issue have been carefully scrutinized by capable lawyers, that some hidden point has been discovered which has invalidated the entire issue. Generally speaking, a municipal bond issue, in order to be legal, must be in accordance with the constitution of the United States and must be auth- orized by the constitution and statutes of the State in which the municipality is located. Strict compli- ance with all terms of statutes is absolutely neces- sary. After the legality of a municipal bond issue has been established, the investor should assure himself that there is a sufficient amount of taxable 114 LOANS AND INVESTMENTS property within the district to insure the payment of the interest and principal of the bonds. He should satisfy himself also as to the financial record of the municipality. The serial municipal bond is gradu- ally displacing the long term bond of fixed exist- \ence, and the sinking fund bond, and is in accord with soundest principles of municipal finance. 104. RAILROAD BONDS. The railroads are the highways of the nation and are absolutely nec- essary to its development. The properly issued and well secured bonds of well managed and honestly financed railroads are premier corporate securities. The classifications of railroad securities are most numerous, and are the result of methods used in ob- taining great sums of money demanded by rapid de- velopment. "General mortgage bonds," last in lien when originally issued, have become first mort- gages on a majority in mileage of main line track, and first mortgage bonds may be a lien on a limited mileage of secondary trackage. Discrimination and careful investigation are essential to safety, and the last mortgage on a well established line is often better security than a first mortgage on a newer road, or one serving an undeveloped territory. Out- standing bonds must bear a fixed ratio to mileage, and when bonds have been issued at a rate in excess of $20,000 per mile, care should be exercised in their purchase. The value of bonds, in the last analysis, rests upon the earning power of the railroad. Prin- cipal and interest can only be met when net earn- LOANS AND INVESTMENTS 115 ings are ample, and railroad credit vanishes in in- creasing ratio as net earnings decrease. The total annual bond interest charge of a railroad should not exceed one-half of the annual net earnings. When net earnings are not in proportion of two to one to interest charges on outstanding bonds, care should be exercised. The interest charges on out- standing bonds must be met when due or default occurs and foreclosure follows. Such is not the case with dividends on capital stock. Dividends are payable only when earned and with the consent of the board of directors. Dividends are not usually fixed charges against earnings. Therefore the well financed railroad has a larger amount of outstand- ing capital stock than outstanding bonds. Con- servative financing is reaching a critical point when the proportion of outstanding bonds to capital stock exceeds one-half. The railroad is then in a position where it is compelled to pay too high a price for its money, which, if long continued, weakens its re- sources and causes collapse. In estimating the se- security of railroad bonds, careful study should be made of the territory served by the road, its popu- lation, resources and capacity for development, as well as of its past history. 105. PUBLIC UTILITY BONDS. Public utility corporations are now well established, and their securities are considered prime investments. Recent legislation in the various States has been favorable to the stability of public utility enter- 116 LOANS AND INVESTMENTS prises. Public utility commissions insure steady earnings and prevent reckless and disastrous com- petition. The extension of the use of electricity, gas and the telephone, is in its infancy. Public utility earnings have shown a steady increase, and will undoubtedly continue to do so for some fur- ther period of time. Bonds issued by public utility companies are approved by public utility commis- sions, and in most States can only be issued for the actual cost, determined by investigation, of ttte property upon which the bonds are a lien. High grade public utility bonds bear a higher rate of interest, and usually sell at a lower price, than rail- road bonds of equal grade, thus insuring a larger interest return. Statistics show that for a period of years public utility earnings have exhibited a steady increase in volume, irrespective of prosperity or depression. Gas, electricity and the telephone are no longer luxuries, but necessities, and with in- creasing population and cheapness of service, the public utility corporation is benefitting. Electric street and interurban railroads, though carriers of passengers and freight, are usually termed public utility corporations. Their condition is not as a rule as favorable as that of other public utilities, on account of the greater expense entailed in carrying on their functions, and because they are in most cases subject to the legislative action of common councils in cities, regarding terms of franchise and regulation of service. In some States, however, the LOANS AND INVESTMENTS 117 indeterminate franchise, practically eliminating competition and placing rate making under the control of a State public utility commission, has displaced the franchise, to the benefit of the cor- poration. The investment restrictions applying to the bonds of public utility corporations as to se- curity, proportion of net earnings to interest charges, ratio of capital stock to bonded debt, out- standing bonds per mile in the case of railways, territory and population served, are similar to those applying to steam railroads. It should be noted, however, that most public utility corporations oper- ate under a franchise limited as to time, and care should be taken to ascertain that the franchise does not expire during the life of the outstanding bonds. 106. INDUSTRIAL BONDS. With the great development of industrial corporations insuring, as such growth does, enlarging fields for the sale of goods and their manufacture at lowest cost, the command of inventive genius to overcome the ad- vantages gained by the inventions of others, the control of the production of raw materials, and diversity of output, the financing of their credit needs by bond issues has become recognized as a conservative method of finance. Industrial corpo- rations always contend, however, with different problems than do most other forms of enterprise, and in a large measure their business, although a fundamental one, sometimes involves risks ap- proaching the classification of hazardous. Bond 118 LOANS AND INVESTMENTS issues of such type are to receive different consid- eration than others. Good will and patent rights must be carefully considered. A going plant may have large cash value, but the salvage worth of such a plant is small. If the management is not pro- gressive, competition may soon eliminate its goods from the market. The supply of raw materials must not be entirely dependent upon the good will of others, nor must it be so far removed from the place of manufacture as to work a disadvantage in competition. The quick assets of the corporation must be carefully investigated and analyzed, and the proportion of net quick assets to outstanding bonds should be a fixed one, and always maintained. Industrial bonds should mature at an early period, and should have a sinking fund provision, or pre- ferably should be serial in maturity. The propor- tion of net earnings to interest charges should be larger than in the case of railroads and public utility corporations, on account of the rapid changes which take place in business conditions. A first mortgage bond of the United States Steel Corporation is un- doubtedly good, but it cannot be placed in a similar class or be used for similar investment purposes, as the first mortgage bond of the Pennsylvania Rail- road Company. 107. EQUIPMENT BONDS. By reason of an unusual record of stability and safety, continuously extending over a long period of years, "equipment bonds" or "car trusts" deserve consideration as in- LOANS AND INVESTMENTS 119 vestments of the highest type. Equipment bonds issued upon the security of rolling stock, including locomotives, are in large measure preferred liens upon the income of the issuing corporation, for a continuance of earnings depends upon the use of rolling stock, and a default in equipment bonds would deprive the corporation of its chief means of revenue. In times of receivership, courts have or- dered the payment of interest and principal due upon equipment bonds, in preference to other obli- gations, and for a long period of years there has been no default in equipment obligations. Equip- ment bonds or notes are issued under what is legally a lease or an agreement of conditional sale. These agreements are usually recorded in the States ip which the corporation operates, and are not can- celled until payment in accordance with their terms is fully made. The Philadelphia plan of equipment trust provides for the creation of an equipment trust by agreement between a trust company, on or more designated individuals, and the corpora- tion. The equipment is purchased by the equip- ment trust and leased by the trustee to the corpora- tion, at a rental sufficient in amount to meet the principal and interest of the equipment bonds or notes when due. Such bonds or notes are guaran- teed by the corporation. 108. TIMBER BONDS. The issuance of "tim- ber bonds" is a comparatively recent development in finance. A great amount of these bonds in par 120 LOANS AND INVESTMENTS value has been absorbed by banks and the investing public. Timber, standing, and of good quality, is an asset which as time passes will increase in value. Timber as security for a bond issue has been likened to land. The analogy is not a correct one. A part is never equal to the whole. Land is a fundamental value. Timber is not. Standing timber is ordi- narily not insurable. The fire hazard is therefore of first importance. Timber bonds have usually been issued for a fixed period of time of long dura- tion. Provision has been made for a sinking fund of a certain percentage in money of the amount in feet of timber cut. Failure to provide this sinking fund is a default in the provisions of the mortgage. To prevent such default timber has been cut when the market was so low in price as to cause inevitable loss. Such loss exhausted the resources of the com- pany obligated on the bonds, and in some cases re- sulted in receivership. The sinking fund in timber bond issues is not sound, and should be displaced by the serial bond issue. The timber business is not a stable one, and timber bonds are oftentimes classed as hazardous investments. The rate of in- terest paid on such bonds would seem to indicate that they are so considered. In many timber bond issues the security of the issue consists largely of other assets than standing timber, such as saw mills, pulp mills and paper mills. The bonds may also bear an endorsement worth considerably in excess of the debt guaranteed. LOANS AND INVESTMENTS 121 109. DRAINAGE AND RECLAMATION BONDS. For the purpose of reclaiming fertile land a large part of the time under water, political subdivisions designated as "drainage districts" have been created under constitutional authority, with power to issue bonds and to assess and levy taxes against real property for their payment, together with the interest thereon accrued. Various methods are used in carrying out this purpose and in provid- ing for tax levies. In some districts taxes are levied by county authorities, in others by judicial officers. This type of bond often is little more than a special assessment bond against benefitted property, and its ultimate payment is secured by the value of the property, and not by a general tax levy. "Reclam- ation bonds" are similar in purpose and form, and are issued for the redemption of arid lands, through the use of water. Where municipal districts are created for this purpose they are similar to drainage districts in form and powers granted. Corporations have endeavored to reclaim arid lands through funds provided by bond issues, but the problems involved have been so intricate and vast that disaster in most instances has been the result. 110. LAND MORTGAGE BONDS. A type of bond which will ultimately become more gener- ally utilized is the "land mortgage bond" issued by land banks under State authority, or by the various associations created under the Rural Credits Act. The distinctive features of these classes of bonds are 122 LOANS AND INVESTMENTS ^ long existence before maturity, amortization plan of repayment, exemption from taxation, and legal investment for fiduciary and trust funds. 111. BOND ISSUANCE. Bonds have been described as a species of promissory note, being a promise to pay a certain sum at a definite time with interest at a fixed rate. The main distinc- tions between bonds and promissory notes have to do largely with proportions. The maker of a promissory note, the promisor, may be an indi- vidual, a partnership or at times a corporation. The maker of a bond, or the obligor, is a govern- ment, a State or municipality, or a corporation; seldom an individual. The amount of the promis- sory note, limited largely by the loaning capacity of a bank, is usually less than one hundred thou- sand dollars. The amount of a bond issue is usually a matter of millions, split up into segments that it may be absorbed by the investing public. The promissory note is for a period of months, the bond is due after a period of decades. It will be of interest to trace briefly the process in finance through which bonds are issued, taking for an example the bonds of a large corporation making steel rails. 112. PROCEDURE IN ISSUING BONDS. There would probably be three or four plants of such a company in operation, each located con- veniently near its supply of fuel and raw products. In the course of time, owing to the development LOANS AND INVESTMENTS 123 of a certain section of the country, conditions might arise that would put the business of one, of these plants on a much more profitable basis if it could increase its share of the output, a result; only to be attained through the erection of several new buildings and the installation of costly ma- chinery. To do this would require at least $2,500,- 000. The company, therefore, decides to issue that amount in bonds secured by a first mortgage on another part of the property. A special meeting of the stockholders is held and the whole matter is laid before them. A large majority of the stock- holders, having full confidence in the officers of the corporation, will, of course, send their proxies, so that the meeting, perhaps, will be but little larger than an ordinary directors' meeting. At that time it is decided how long the bonds shall run, what the rate ought to be, and what particular part of the property shall be mortgaged as se- curity for the issue. It will be shown that although the interest on the new bonds will add to the fixed expenses, yet the increased manufacturing facili- ties will largely add to the profits and perhaps reduce very materially the amount of money which must be borrowed from time to time on short- term notes. 113. BOND UNDERWRITING SYNDI- CATES. The next step is to find a banking house that will offer the best price for the entire issue, that is, advance the money to the corpora- 124 LOANS AND INVESTMENTS tion, or "underwrite" the bonds. A price is finally agreed upon and the bankers take over the issue, say at 90 ; that is, they advance to the corporation $2,250,000. In the meantime, a trust company has agreed to act as trustee of the mortgage securing the bonds, receiving a fee in payment for the ser- vice, and also probably being appointed as a deposi- tory for the payment of the interest on the bonds as it falls due. A registrar will also have been appointed. 114. BOND SELLING SYNDICATES. Having received the issue of bonds and advanced the money to the corporation, the banking house will now undertake to dispose of them at a fair profit, not, however, directly to the public. A syn- dicate will be formed among several banking and bond houses, each of which will take an allotment at a certain price. These, in turn, act as distrib- uting agents and through their salesmen and letters to regular clients the issue is finally taken up by the public. In buying the bonds, the ultimate pur- chasers are largely influenced by the reputation of the banking firm, since the bank's position is in the nature of an intermediary between the corpora- tion and the public. The net result is that the corporation has borrowed from the general public in small lots the sum of money needed for its purposes. 115. STOCK EXCHANGES. Many of the larger cities in all countries have found it necessary LOANS AND INVESTMENTS 12S to organize stock exchanges for the purpose of facilitating the buying and selling of the enormous quantity of corporate stocks and bonds which now exist. These exchanges are but the evolution of a common meeting place, such as the old coffee kouses, bank corridors, or certain street corners, where it originally was the custom of those who dealt in government or other securities to congre- gate. A survivor of the old stock exchange locali- ties is the modern "curb market" where are sold, in the open air, those stocks and bonds which have not been listed on any regular exchange. The curb market in New York City, which has been in exist- ence for more than thirty years, is probably the most important one of its kind in the United States. Its operations are conducted in Broad street. 116. SERVICE OF STOCK EXCHANGES. The Stock Exchange gives to good stocks and bonds a ready market and a known price. Without these two features, bonds would lose their value entirely as a temporary investment for the idle funds of a bank. It is the ease with which they may be converted into cash that makes bonds use- ful as "secondary reserve." Stock Exchange prices go over the "ticker" and are published in the news- papers in every town of importance in the world. Thus it is possible to keen in touch with the market value of securities far from the centres in which they are dealt, and the radius of their usefulness as collateral for bank loans is greatly widened. Since 126 LOANS AND INVESTMENTS stocks in financial institutions are not as a rule traded in very generally on any of the great stock exchanges, this class of stocks does not figure as prominently in the daily quotations as do railroads and industrials. Nevertheless, the total of bank stocks in the United States compares very favor- ably with the totals of the other kinds. And in spite of the fact that the personal element enters into a consideration of bank stocks probably more than in any other, it must be admitted that, judged by the ordinary elements of strength, these are quite as attractive as any other kind. The ease which the Stock Exchange affords for the purchase and sale of securities which, on account of economic causes, are subject to fluctuations, has made it a centre for speculation as well as investment. Au- thorities find it hard to agree as to what extent these two terms may or may not be synonymous. 117. GOVERNMENT OF STOCK EX- CHANGES. The government of the Exchange is vested in a committee, consisting of a president and other officers, together with a number of mem- bers. This governing committee has power to draft rules for the conduct of business and is the administrative body. In addition, there may be several other committees, for example the commit- tee on stock list, which, after investigation along prescribed lines, has authority to list stocks on the Exchange. The members of the Exchange have "seats," which term means the privilege to con- LOANS AND INVESTMENTS 127 duct business on the "floor." This is the large open space where the brokers congregate. At in- tervals are posts which designate the particular stock which may be bought or sold there. This system is one of wheels within a wheel and makes it unnecessary for a broker to search about the room for a purchaser when he wishes to sell or buy a certain stock. Sales are made practically at auc- tion; that is, the seller asking for a price and the buyers bidding usually a little below. As sales are effected, memorandum notes are made by both parties, which are checked up at the end of the day. In the larger stock exchanges, settlement is made through the stock exchange clearing house for the more active stocks. This mechanism oper- ates similarly to the ordinary bank clearing house for the exchange of checks. Well-known active stocks are usually listed on several stock exchanges and this fact has led to what is known as the "arbi- trage" business, that is, the purchase of stocks in one city, London, for example, where for some local reason prices may be low, the stocks being then resold at a higher price in New York. 118. FINANCIAL TERMS. There are many terms common to stock exchanges, a few of which, although in everyday use, are not generally under- stood by the public. Such are the following: "Bear" One who is interested in having the prices of one or more securities decline. "Bull" One who wants prices to advance. 128 LOANS AND INVESTMENTS When a broker has bought more of a certain stock than he has contracts to deliver, he is said to be "long" of that stock. Selling "short" means selling, or contracting to deliver, stock that the broker does not own. A "short interest" is a group that expects to buy stocks after a fall in prices. If instead prices have advances, such brokers incur a loss. Another expression in common use, but not clearly understood, is the term "watered stock." Such stock is, of course, in disrepute, and means that a larger issue of stock has been sold to in- vestors than is represented by the actual value of corporate property. This is not to be confused with over-capitalization, which means a larger capital has been subscribed than is necessary to conduct the business on an interest or dividend paying basis. 119. BANKS AND STOCK EXCHANGES. For the purpose of buying and selling stocks and bonds, the broker requires a vast amount of money, since the purchaser may not settle until the securi- ties are actually delivered or transferred. This money is advanced by the banks on collateral by] what is known as "call" or "demand" loans. The bank is privileged to ask payment for such loans on short notice, although custom has decreed that a sufficient time must be given the borrower to make a readjustment. Demand loans sometimes run for long periods of time, the interest being LOANS AND INVESTMENTS 129 paid at certain intervals at varying rates. While the call money market may be said to bring the banks in closer touch with the speculative element of the stock exchange than may be best, yet is un- doubtedly an excellent medium through which the inflexibility of reserve requirements may be ad- justed. For example, a large part of the surplus funds of all the banks in the United States has a tendency to gravitate to New York. It is the stock market which creates a demand for this money and it is mostly all absorbed by the brokers on call loans. 120. BONDS AS INVESTMENTS. As has been stated, many banks now conduct a separate department, the function of which is to pro- vide proper facilities and advice for their customers in the purchase of bonds. Such departments are under the supervision of experts who are specialists on bond issues and values. The average investor has neither the capacity, experience nor time for study to enable him to make a wise choice in the purchase of bonds. Against fake investment schemes and wild cat bond issues, State laws have been proposed, such as the pioneer "blue sky law" of Kansas. This law requires every investment company, whether organized under the laws of the State of Kansas or any other State, to file in the office of the State Bank Commissioner a statement showing in full detail the plan upon which it pro- poses to transact business, a copy of all contracts. 130 LOANS AND INVESTMENTS bonds or other investments which it proposes to make with or sell to its contributors, also a state- ment showing the name and location of the invest- ment company, and an itemized account of its actual financial condition, with the amount of its property and the amount of its liabilities, and such other information as may be required. If condi- tions are found to be satisfactory, the Bank Com- missioner, in whom complete judicial authority rests, will then issue a license for the vending com- pany and its agents to do business in the State. Certain institutions and certain securities are ex- empt from the provisions of the statute, viz. : State and National banks, trust companies, real estate mortgage companies dealing in real estate mort- gage notes, building and loan associations, and cor- porations not organized for profit. The securities excepted are bonds of the United States, State of Kansas, or some municipality of the State of Kan- sas, and notes secured by mortgage on property in the State of Kansas. The interests of the pro- spective investor are thus safeguarded by expert advice and legislative statute. 121. ELEMENTS OF SECURITY. The ele- ments of security in stocks and bonds have been tersely formulated by Rufus Waples of Philadel- phia in the following rules: (1) Minimum liability of loss is secured in the class of bonds authorized for the investment of trust funds by such a State as New York. LOANS AND INVESTMENTS 131 (2) No reasonable likelihood of loss is incurred in buying bonds that are legally issued and are 3 valid and binding obligation on all the taxable property of a city of over 10,000 population, when it is a long settled community and has many di- versified sources of revenue, with a debt of about 5% of the assessed valuation or less. Smaller cities are more apt to be negligent at times in paying obligations at the date due. (3) There is a very strong presumption of safety in bonds of dividend paying transportation companies enjoying right of eminent domain and on those of public utility corporations (railroads, street railways, gas, water works, etc.), when satis- factory earnings have been maintained for several years; when the amount of bonds authorized is properly limited; when charter and franchise or physical or other conditions offer a large measure of protection from competition; and when the franchise will survive the maturity of the bonds for a satisfactory period. (4) There is a fair presumption that interest on an industrial bond will be earned and bond paid at maturity, if the permanent, available assets (land and buildings of a general character and property that cannot be diverted or seriously depreciated) offer foreclosure value sufficiently in excess both of the bond issue and of all practicable depreciation, and if the surplus earnings provide an adequate sinking fund for the retirement of bonds. 132 LOANS AND INVESTMENTS (5) The probabilities strongly favor regular dividends on a conservative issue of preferred stock when a much larger issue of common stock has long earned dividends and surplus, and when com- mercial fluctuations cannot seriously unsettle the average net business profit. (6) There is a good business chance that com- mon stock will maintain the average earnings of the past ten years if the business is essentially of a permanent nature ; and if the managers who built up the business are in the prime of life, and have accumulated large resources as surplus earnings of said business; and if they retain both the active management and their own interest in the business. 122. TEST QUESTIONS. An investor, when offered full information about a security that is new to him, and that does not at once command his confidence, wishing to know the favorable features, and to discover the points of danger, can, with a little patience, act understandingly by apply- ing certain well-established principles, taught by the history of securities, and conveniently made use of as test questions. (1) Was the bond prepared by the best legal talent, at the instance of experienced bankers, with the single purpose of affording the greatest protec- tion possible to the bondholders? (2) Were all steps taken under honest, capable experts (business, legal, engineering and account- ing), and are the records available for examination? LOANS AND INVESTMENTS 133 (3) Is the capitalization conservative? Has the cash cost or probable physical and franchise value been closely approached or exceeded in the author- ized bond issue? (4) Is the security issued by a company that furnishes all reasonable information to stock- holders about its earnings and condition? (5) If the security is issued by a company that should prosper greatly by increasing population, is the company's property so situated that local growth in any portion of its territory will benefit it? (6) Are the bonds and stock owned in good part by men of financial strength whose self-interest would lead them at all times to consider the welfare of the company? (7) If foreclosure became necessary, would a creditor or bondholder be satisfied to become part proprietor or property owner, on account of the great value of the pledged property? (8) Has the management ably, conservatively and conscientiously worked out developments for the good of the company? (9) Are the employees contented, amenable to discipline and working harmoniously with the management? (10) Has the earning power back of this se- curity a broad dependence upon the patronage of many customers well able to pay for service or goods? (11) Is the earning power of the company 134 LOANS AND INVESTMENTS fairly well protected from injurious competition and likely to continue so, with a growing popula- tion to serve or trade to rely upon? (12) Is the earning power of the company de- pendent upon the patronage of hoped-for cus- tomers, or upon sub-companies organized to supply a demand? Does it seem likely that profits are only a future matter to be reached in "process of time." (13) Does the earning power depend upon any expectation of unfair advantage over competitors, such as reliance on a degree of official favoritism that seems attractive to some men, though it cannot permanently aid a true investment bond or stock? (14) Are the conditions of earning power grow- ing unfavorable from (a) Insufficient capital? (b) Increasing cost of operation? (c) Increasing demands of employees, or strikes? (d) Substitu- tion by competitors of new methods or materials for old? (e) Depletion of products of mines or quarries? (f) Depletion of products of forests? (g) Depletion of products of agriculture? (h) Loss of population? (i) Increasing cost of service or distance of deliveries? (j) Increasing cost of se- curing raw materials or fuel? (k) Obsolete equip- ment or superior equipment of business competi- tors? (1) Loss of tariff advantage? (m) Loss of skill or prestige in management? (n) New or im- proved or shorter competing railway lines? (o) LOANS AND INVESTMENTS 135 Larger tonnage in competing steamship lines? (p) New rival methods of doing business? (15) Is the price asked for the bond or stock much greater or less than the usual quotation? (16) Has the security been quoted higher or lower in price because of some influence afterward withdrawn? (Learn if there have been purchases by a sinking fund, expectation that the issue would be bought in and retired, accumulation in view of acquiring voting control, or supposed important advantage or disadvantage from new connections, discoveries, trade expansion or loss, etc., and learn exact facts.) (17) Is the bond offered presented as a bar- gain, at such a price, or with such prospects of peculiar advantage to buyer as to disorganize the investor's critical faculty and hasten him into a purchase in the belief that he is securing great value for much less than it is worth? (18) Are the bond buyer and his associates fur- nishing money for experiments to get 5% if a new enterprise prospers and take all the loss if it fails? (19) Is the bond issue large enough to secure the best legal talent, if it should be needed to pro- tect the issue, by levying a small percentage upon each bond? (20) Are the business affairs of the company conducted on such a scale that a judgment for injury or loss of life would probably be but a small percentage of the net earnings of the company? 136 LOANS AND INVESTMENTS (21) Is the bond issue so large, or complicated, or difficult to understand, that sales of timid holders would be likely to cause great price fluctu- ations? (22) Is the vendor of the security a"ble, in behalf of the bond or stock offered, to give satisfactory replies to all questions above cited that properly apply to it? (23) Is the vendor, through responsibility and ample experience, an authority for all statements made by him? (24) Have responsible bankers directed the initial and all later steps taken in preparation of this security, bringing an experienced, judicial, business training to bear upon the fullest information, ob- tained by the most capable experts available? CHAPTER IV Collateral Loans 123. PLEDGE OR HYPOTHECATION. "Collateral loans" are loans secured by pledge of personal property. A pledge is a bailment of per- sonal property as security for the payment of a debt or the performance of an act, with an option of sale in the pledgee upon the default of the pledger in his engagement. The article pledged may be any species of personal property, but of late years a pledging of stocks, bonds, negotiable paper and other representatives of intangible personal property has come to be designated by the term "hypothecation," or the giving of "collateral se- curity," to distinguish such a pledge from a pledge of material articles. A pledge gives greater rights than a lien, for a pledgee has a power of sale which the owner of a lien has not. It is less than a chattel mortgage, for in a chattel mortgage the legal title passes, subject to be divested upon the fulfillment of the mortgage terms; in a pledge the title may or may not pass ordinarily it does not, but it has been held that it does in collateral securities. It differs further from a chattel mortgage in that to create a pledge no writing that it is a debt and a surrender of possession of property is necessary, and it is required merely that there be property as security. Ordinarily, too, a chattel mortgage must 137 138 LOANS AND INVESTMENTS be recorded to be effective against third parties, while a pledge need not be. 124. FORMATION BY CONTRACT. A pledge is created by contract, either express or implied. An assignment of securities by a debtor to a creditor is presumed to be a pledge rather than a payment, and where doubt exists whether the transaction is a pledge or a chattel mortgage the courts favor holding it a pledge. The aim is to determine the real intention of the parties, and classify the transaction according to the intention shown. There must be a debt or engagement to be secured in order to create a pledge, but this debt may be some other person's than the pledger's, and a pledge may be made to secure a present, future or past debt, though to make a valid pledge for a past debt some new consideration is ordin- arily required. The pledge may be made to cover new debts as they arise, but there must be an agreement between the parties to effect this, for the pledge will not be deemed to attach to the new debt unless the new loan was made upon the se- curity of the pledge. So the existence of a former debt gives the pledgee no right to hold the pledge when the debt to secure which it was given has been paid. If the debt or contract to secure which the pledge is given is illegal, the pledgee can- not of course recover upon the contract, but he may nevertheless retain the pledge until it is redeemed. LOANS AND INVESTMENTS 139 125. WHAT MAY BE PLEDGED. Prac- tically any personal property, tangible or intangi- ble, may be pledged, as the right to shares of stock in a corporation. Even property exempt from exe- cution on a judgment, as a mechanic's tools, or necessaries, may be pledged. Property not yet in existence cannot be pledged, and the attempt to do so merely creates a contract to make a pledge in the future, like an agreement to sell. Pay of soldiers and pensions cannot be pledged. By the National Bank Act it is provided that "No association shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, and stock so purchased or acquired, shall, within six months from the time of its purchase, be sold or disposed of at public or private sale." 126. PARTIES AND TITLE. A person who transfers personal property in pledge as security for a debt must own the property or at least have apparent authority to pledge it. One who has been voluntarily clothed by the owner with the indicia of ownership, though this may have been induced by fraudulent representation, may make a valid pledge as against the owner. One who takes nego- tiable instruments in pledge before maturity in good faith for value and without notice of any defect in the pledger's title, acquires a valid holding title. 140 LOANS AND INVESTMENTS Except in these two cases the pledgee acquires no greater title than the pledgor had. Mere possession of chattels, by whatever means acquired, if there be no other evidence of property or authority to sell from the true owner, will not enable the pos- sessor to give good title. An agent may pledge when and as his principal holds him out as having authority; if an agent pledges goods of his prin- cipal to secure his private debt, the principal is entitled to recover them from the person to whom they are pledged, unless the agent was invested with the indicia of ownership, or the pledge was of ne- gotiable securities. In most States, by statute en- actment, factors (commission merchants) may pledge goods entrusted to them to sell. One mem- ber of a partnership may make a valid pledge of firm property to secure a partnership debt, but not to secure an individual debt. An executor, admin- istrator, trustee or other person in a representative capacity may not pledge his trust property for his own benefit. One who has only a lien cannot make a valid pledge, because to maintain a lien he must retain possession, while a pledge requires a delivery. Buying stocks on a margin creates the relation of pledgee and pledgor between the broker and his customer. 127. DELIVERY. An absolute essential to the creation of a pledge is a delivery, actual or construc- tive, of the property pledged. A constructive delivery occurs when the evidence of recognized symbols of LOANS AND INVESTMENTS 141 the thing is delivered, as the delivery of a ware- house receipt, or a bill of lading. But there must be some delivery. Thus where a bank cashier, to secure a creditor, sealed up a package of bank notes with an endorsement of their purpose and placed them in the bank vault, it was held that the creditor had no pledge or lien. A delivery to a third party for the pledger's benefit with his consent is suf- ficient. A delivery with an intention to create a pledge is sufficient to create the relation of pledgor and pledgee without writing or other act, but not in the case of certificates of stock, where a writing is required unless the certificate has been endorsed in blank. Even where a note is payable to a person's order there may be a valid pledge of it without en- dorsement, though the practice is not to be recom- mended. But in the case of stock it is necessary that there be a written transfer or power of attorney of some kind. The pledge continues so long as the pledgee retains possession, and the pledgee has a right against all the world to the retention of the article pledged until the payment of the debt secured, except as against the holder of a right which attached to the property before the making of the pledge. But a pledge of collateral securities may be temporarily redelivered to the pledgee for the purpose of collection by the pledgor without affecting the pledgee's lien, though this exception is not favored and is strictly limited. 128, RIGHTS AND LIABILITIES OF 142 LOANS AND INVESTMENTS PLEDGOR. A pledger has a right to assign, by sale or otherwise, his reversionary interest in the pledge, and upon notice to the pledgee the latter will be bound upon payment of the debt secured to turn the pledge over to the assignee. He has also a right to sue any one who injures the pledge, though preference is given the pledgee in the matter of suing because his interest is generally greater. He has, of course, the right to recover the pledge on payment of the debt for which it was given as security, and he cannot be deprived of this right at the time of making the contract. To allow this would permit lenders to crush their customers. But the pledger's right to redeem may be released by a subsequent contract founded on a new considera- tion. Statutes in many States allow a pawnbroker to sell the pledge and foreclose the pledger's right to redeem at the expiration of a fixed time, gen- erally a year. As to the liabilities of a pledger, he is, of course, liable for the original debt, default in paying which may lead to a sale of the pledge and and the application of the proceeds to the debt so far as they will go. If not sufficient to extinguish the debt he still'owes the balance. The pledger also impliedly warrants his title as that of an absolute owner. 129. RIGHTS AND LIABILITIES OF PLEDGEE BEFORE DEFAULT. The pledgee gets no better title than the pledgor had, except in the case of negotiable instruments, and except LOANS AND INVESTMENTS 143 where the pledger has been clothed by the owner with the indicia of ownership. The best example of clothing one with the indicia of ownership occurs in pledges of certificates of stock. These are not regarded as negotiable instruments, but the owner, by endorsing or signing the power of attorney to transfer, thereby invests the holder with the ap- parent ownership, and the latter may then pass a good title to one who buys for value without notice, in good faith. There are some limitations to this, as where the pledgor is known to be an agent for a trustee the pledgee cannot take the stock with full protection unless he inquires into the authority of the representative to make the pledge. Where the owner himself never endorsed the certificate, but some one else without authority did, that does not avail against the true owner even in the hands of a pledgee or transferee without notice for value. The owner of an instrument negotiable or non- negotiable cannot be precluded by a forgery. The pledgee having the right of possession may sue any person who causes injury to the pledge, because he has generally a greater interest than the owner himself in keeping the pledge intact. 130. RIGHT TO THE USE AND PROFITS OF THE PLEDGE. The pledgee may use the pledge so far as is reasonably necessary. Ordin- arily this would be little or nothing, but the pledgee of a horse would have to use the pledge in order to keep it in condition, and in all cases the pledgee 144 LOANS AND INVESTMENTS may use the pledge as the pledger permits. The pledgee may collect the profits or income of the pledge, as dividends on stock or interest on bonds, but he must apply them to the principal debt, and if they exceed the amount needed, he holds the excess in trust for the pledger. The pledgee may have pledged stock transferred to his name on the books of the company, and this is frequently done, and may vote such stock, though in some States the pledgee, upon the demand of the pledger, must give the latter a proxy to vote the stock. The pledgee is liable for assessments on the stock stand- ing in his name, though by statute in some States the pledger and not the pledgee is liable; but the pledgee may charge against his pledger the amount so paid. The pledgee is entitled to be reimbursed for necessary expenses in keeping the pledge. The pledgee may assign his interest, and this he does by assigning both the debt secured and the pledge. 131. PLEDGEE'S RIGHT TO HYPOTHE- CATE PLEDGED STOCK. Where a broker purchases stock for a customer who deals with him on margin (creating the relation of pledger and pledgee), it seems that the broker has the right to hypothecate the stock, at least to the extent that the broker has advanced his own money in the pur- chase. He is not bound to keep on hand the identi- cal stock purchased, but still he must have on hand or under his control at all times ready for delivery to his customer shares of the same description, LOANS AND INVESTMENTS 145 and in amount sufficient to fill the customer's order. He has no right to pledge his customer's stock beyond this, and commits the wrong of conversion if he does; but if he does, and there is nothing on the certificate to warn the broker's pledgee that it is already pledged, this second pledgee takes it free from any claims of the customer, and need not surrender it to the owner (purchaser) except on payment of the debt of the broker for which it was the second time pledged. This is owing to the rule already discussed that one who clothes another with apparent ownership cannot dispute the title of a buyer or pledgee from such person in good faith for value and without notice. The right to use, sell, or rehypothecate the pledge may be given by a pledge agreement, and is a common clause in collateral notes. 132. REDELIVERY AND CONVERSION. The pledgee must redeliver the identical thing pledged, with the increase and profits, upon tender of redemption by the pledger, except that he need not deliver the identical certificates of stock. If the pledgee does not redeliver he is guilty of con- version, as he is at the time he makes an unwar- ranted use or disposal of the pledge. The rule as to measure of damage is generally the value at the date of conversion, without reference to the nature of the pledge. In New York State and in the United States courts, in the case of conversion of stocks, it is the highest value within a reasonable 146 LOANS AND INVESTMENTS time after the pledger becomes aware of the con- version; in other States it is the value at date of demand, or the highest intermediate value between date of conversion and the date of trial, or the value at date of conversion. 133. RIGHTS OF PLEDGEE AFTER DE- FAULT. The pledgee upon default in redemption at the agreed time by the pledger, may sue the pledger upon the debt for which the pledge was given as security, and may recover judgment with- out affecting his lien on the property pledged; the property pledged may then be applied on the amount of the debt as represented by the judgment. After default in redemption by the pledger, the pledgee, on notice to the pledgor, and demand of performance, and on reasonable notice of the time and place of sale, may sell the property pledged at public sale. Demand of performance is waived by positive refusal to perform after performance is due, but the pledger's right to notice of sale is not thereby waived. This right to sell applies to all property pledged except negotiable instruments; these the pledgee must hold and collect as they become due and apply the proceeds to the debt, in the absence of a special power of sale. The reason is that negotiable paper would never bring its true value on a forced sale. The general power of the pledgee to sell may be modified or enlarged by the pledge agreement. Thus banks ordinarily require of their borrowers a note waiving notice of time LOANS AND INVESTMENTS 147 and place of sale, and providing for private sale, and many other provisions. A sale at a recognized stock exchange has been held to be a sale at public auction, but the point has not been clearly settled. The pledgee, in the absence of agreement, has no right to buy at the sale. If the subject matter of the pledge can be divided the pledgee may sell only such part as will discharge the debt; otherwise he is liable for conversion of the part not necessary to be sold. The notice should be served or given to the pledger in person, or to an authorized agent if the pledger have one. 134. TERMINATION OF PLEDGE. A pledge is not terminated by the death or bank- ruptcy of the pledger, but at the termination of the pledge agreement the pledger's representatives may make tender of the debt and demand the prop- erty, and in default of such tender the pledgee may sue the pledger's representatives or sell upon notice to them. Payment terminates the pledge as does redelivery, tender or sale, and if the pledgee does not redeliver on a good and valid tender he converts the pledge and may be sued for the value of the property. 135. WAREHOUSEMEN AND WARE- HOUSE RECEIPTS. The law relating to ware- housemen and warehouse receipts is a branch of the law of bailments. A warehouseman is one engaged in the business of storing goods for others for com- pensation. He is a bailee for hire and is required 148 LOANS AND INVESTMENTS by law to use reasonable skill and diligence, or "ordinary" care as it is technically termed, in re- spect to the property entrusted to him. Ordinary care is that degree of care which men of common prudence would exercise under similar circum- stances with regard to their own property. A ware- houseman is liable for ordinary negligence, or a want of reasonable care. He is not an insurer of the goods and is not responsible for their loss where he has exercised ordinary care. A ware- house receipt is a written acknowledgment by a warehouseman that he holds certain described goods in store for delivery to the person to whom the receipt is issued or to his order where the receipt is negotiable. The Uniform Warehouse Receipts Act, which is now the law of thirty-three States, codifies and makes uniform the law of ware- house receipts. 136. COMMON AND STATUTORY LAW. At common law, independent of statute, ware- house receipts were assignable by delivery, or by endorsement and delivery, and their transfer passed to the assignee the title of the assignor to the prop- erty. The transfer of the warehouse receipt had the same effect as delivery of the goods themselves and vested in the assignee the constructive posses- sion, but he took no better right or title than that possessed by the assignor. A valid transfer can be made by a mere delivery of the receipt with intent to pass title to the goods, without endorsement, LOANS AND INVESTMENTS 149 and statutes authorizing transfer of warehouse re- ceipts by endorsement have been generally con- strued not to invalidate a transfer of title by mere delivery. But common law transfers, if they may be so called, did not give to the assignee any greater rights than the assignor possessed, and in a large number of States, prior to the enactment of the Warehouse Receipts Act, statutes were passed declaring warehouse receipts negotiable. These statutes, however, have been construed by the courts as not conferring upon warehouse receipts the full measure of negotiability which is possessed by bills of exchange or promissory notes. They gave to the holder to whom a receipt had been regularly transferred by endorsement, the effect of manual delivery of the goods represented; they served to dispense with notice to the warehouse- man that the receipt had been transferred, which notice was generally otherwise necessary to protect the holder from delivery of the goods to the original bailor; and their effect was to transfer the title to a bona fide purchaser free from any equities of prior parties not apparent on the face of the in- strument. They did not, however, confer upon the transferee title to the goods as against one who had a superior title to the transferor, nor confer title where the receipt was innocently acquired from a thief or finder, as against the true owner. The Uniform Warehouse Receipts Act, which codi- fies and makes uniform the common and statute 150 LOANS AND INVESTMENTS law, provides for two kinds of receipt, non-negotia- ble and negotiable. The non-negotiable receipt is one in which it is stated that the goods received will be delivered to the depositor or to any other specified person. The negotiable receipt is one in which it is stated that the goods will be delivered to the bearer or to the order of any person named in such receipt. 137. NON-NEGOTIABLE WAREHOUSE RECEIPTS. A non-negotiable receipt is not, gen- erally speaking, a document upon which the banker should advance value and receive in pledge. The transferee acquires as against the transferor, the title to the goods, subject to the terms of any agree- ment with the transferor, and he acquires the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt. But prior to such notification, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be de- feated by the levy of an attachment or execution upon the goods by a creditor of the transferee or by a notification to the warehouseman by the trans- feror or a subsequent purchaser from the transferee of a subsequent sale of the goods by the transferor. Furthermore, in case the goods are delivered by the warehouseman to the transferor prior to notifica- tion, the rights of the assignee or pledgee would be endangered, if not defeated, as the warehouse- man would not be responsible, although the receipt LOANS AND INVESTMENTS 151 was not produced and surrendered when the de- livery was made. The banker, therefore, is not particularly concerned with the non-negotiable warehouse receipt except to let it alone and to have an ability to know whether a receipt is non-nego- tiable or negotiable. 138. NEGOTIABLE WAREHOUSE RE- CEIPTS. Negotiable warehouse receipts are very extensively pledged to bankers as collateral for loans, but even under the Uniform Warehouse Receipts Act they do not possess the full measure of negotiability accorded by the law to bills of exchange and promissory notes. They are nego- tiable by endorsement and delivery, or by delivery alone if in form so permitting, in the same way as bills and notes, but although the receipt is, in form, capable of being negotiated by delivery, as by en- dorsement in blank, the bona fide transferee for value from a thief or finder takes no title as against the true owner. This is one risk which the banker, as pledgee for value, incurs. If, however, a person entrusted with a negotiable receipt by the owner for a special purpose abuses his trust and makes a wrongful negotiation, the bona fide transferee is protected as against the owner. The transferee of a negotiable receipt is also protected in his right to the goods as against a delivery by the warehouse- man without taking up the receipt. The Ware- house Receipts Act requires, except in certain special cases, such as sale to satisfy warehouse- 152 LOANS AND INVESTMENTS man's lien or in case of perishable or hazardous goods, that where a warehouseman delivers goods represented by a negotiable receipt he must take up and cancel the receipt, or in case of partial de- livery, make endorsement thereon, and failure to do this makes him liable to the holder for value of the outstanding receipt, whether the same was ac- quired before or after such delivery, and such failure is also made a criminal offense. This provision applies only to negotiable receipts and without it such receipts would frequently be valueless as se- curity. Goods represented by an outstanding ne- gotiable receipt are, by the Warehouse Receipts Act, exempted from attachment or garnishment by a creditor of the depositor while in the posses- sion of the warehouseman, unless the receipt is first surrendered or its negotiation enjoined. This is an important provision for the protection of the banker who takes the receipt as security for a loan. 139. WAREHOUSEMEN'S LIABILITY. The Uniform Warehouse Receipts Act thus pro- vides the rule of liability for contents of packages: "A warehouseman shall be liable to the holder of a receipt for damages caused by the non-existence of the goods or by the failure of the goods to cor- respond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages con- taining them, or by a statement that the goods are LOANS AND INVESTMENTS 153 said to be goods of a certain kind, or that the pack- ages containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make liable the ware- houseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor." 140. AGENTS OF WAREHOUSEMEN. A further important question is whether a ware- houseman, whose agent signs and issues a ware- house receipt for goods which have not in fact been received, is responsible to a transferee of the receipt for the goods stated to have been received. The rule of the common law, which has had a more extensive application to cases of false bills of lading issued by agents of carriers, was that the principal was not bound, as the authority of the agent only extended to the issue of receipts where goods had been actually received and a receipt issued for goods not in fact received was an act beyond the authority of the agent and not binding on the principal even in favor of a bona fide holder of the receipt. A few States, among others New York and Pennsylvania, hold the principal liable for the act of his agent in such cases upon the theory of estoppel. The Uni- form Warehouse Receipts Act in the provision last above quoted changes the common law rule. It provides that "a warehouseman shall be liable to the holder of a receipt for damages caused by the 154 LOANS AND INVESTMENTS non-existence of the goods * * *" and this, coupled with a further provision of the Act that "the signature of the warehouseman may be made by his authorized agent" makes him responsible to a bona fide holder of a warehouse receipt which acknowledges the receipt of goods not in fact re- ceived. The banker, therefore, who loans money upon a warehouse receipt falsely acknowledging the receipt of 300 tubs of butter, or any other com- modity, can compel the warehouseman to make it good. 141. WARRANTIES OF GENUINENESS. Where a receipt is negotiated or transferred for value, the Warehouse Receipts Act provides a war- ranty by the transferor of the receipt or of a claim secured thereby, of the genuineness of the receipt, that he has a legal right to negotiate or transfer it, and that he has no knowledge of any fact which would impair the validity or worth of the receipt. Also that he has a right to transfer title to the goods and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented thereby. This would enable a banker, who took as pledge for a loan a forged re- ceipt or a stolen receipt or a receipt for goods not owned by the person who obtained the loan, to hold the borrower responsible upon his warranty. But the law exempts a pledgee of the receipt who re- LOANS AND INVESTMENTS 155 ceives payment of the debt for which the receipt is given as security, either from the drawee of a draft therefor or from any other person, from lia- bility as warrantor of the genuineness of the receipt or of the quantity or quality of the goods therein described. 142. LIABILITY OF ENDORSERS. Al- though a person who negotiates and sells a ware- house receipt to another, for value, warrants the genuineness of the receipt and the other matters above specified, he does not, by endorsing the re- ceipt, incur the ordinary liabilities which attach to the endorser of a promissory note in case of default of the maker. The Warehouse Receipts Act pro- vides that "the endorsement of a receipt shall not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfill their respective obligations." This is the law apart from the Warehouse Receipts Act and has been so ruled, even where State statutes have made warehouse receipts negotiable. The liability is analogous to that of an endorser "with- out recourse" of a promissory note. If the note is not paid, the endorser cannot be held, but if the note was a forgery or there was any defect of title, he would be liable as warrantor. 143. WAREHOUSEMEN'S LIENS. The warehouseman has a lien on the goods for his charges, and statutes in many States have required that his lien be stated in the receipt, otherwise he 156 LOANS AND INVESTMENTS cannot enforce such lien against the transferee for value of the receipt. It is obvious that negotiable receipts should show on their face what charges are claimed against the goods. The Uniform Warehouse Receipts Act requires that every re- ceipt must embody "a statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the pur- pose thereof is sufficient." 144. EXTENSIVE USE OF WAREHOUSE RECEIPTS. A bona fide purchaser of a ware- house receipt is one who has taken the receipt for value without notice of defect in the title of the transferor. A pledgee who takes a warehouse re- ceipt as security for a loan is a purchaser for value, and he acquires the pledger's title to the property, so far as necessary to effect the object of the pledge. By means of the Negotiable Warehouse receipt, owners of millions of dollars of stored goods are enabled, through pledge of the receipt, to obtain needed loans and advances upon the security thereof, and tide themselves over periods when the goods are not readily salable. The warehouse receipt is in many respects analogous to the bill of lading; one represents goods in store, the other goods in LOANS AND INVESTMENTS 157 transit. Both are now used to an enormous extent as instruments of credit, and loans and advances which run into the billions of dollars are annually made upon faith thereof. 145. COMMON CARRIERS. The transporta- tion of merchandise by water and by land, f rom one point to another at shorter or longer distances, is a business of vast extent in our modern commerce. The person or corporation who conducts this busi- ness is termed a carrier. Carriers are of two classes, private carriers and public or common carriers. A private carrier is one who undertakes isolated cases of transportation and whose usual vocation is dif- ferent. He is a bailee of the goods entrusted to him and, like other bailees, is bound to use ordinary care where he carries for hire and a less degree of care if the carriage is gratuitous. A common car- rier is one whose regular calling is to transport, for hire, goods and chattels for all who may choose to employ and remunerate him. The common carrier differs from an ordinary bailee in two im- portant particulars (1) he is bound, according to his facilities, to transport all goods which are offered to him when coupled with proper remunera- tion, (2) his common law liability is exceptional. He is responsible for the goods, where lost or dam- aged, as an insurer, except where the loss is caused by act of God or public enemy. 146. BILLS OF LADING. A bill of lading is a written acknowledgment by the carrier of the 158 LOANS AND INVESTMENTS receipt of the described goods, and an agreement, for a consideration, to transport and deliver the same at a specified place to the consignee or person designated therein. The bill of lading must be signed by the carrier, but it has been quite generally held, with some few exceptions, that it need not be signed by the shipper, and that the acceptance of the bill by the shipper binds him to the terms of the contract. The Uniform Bill of Lading Act provides for the signature of the shipper, but the shipper does not always sign and without his signature its ac- ceptance by him completes the contract and binds both parties to its terms. Bills of lading now in common use are of two kinds, the Straight bill of lading and the Order bill of lading. The Straight bill of lading is an acknowledgment of the receipt of goods and an agreement to carry and deliver to a named consignee at destination. When this agreement is fulfilled by the carrier its contract is performed. The Straight bill contains no con- tract of the carrier that he will require surrender of the bill before delivery of the goods. The Order bill of lading is a like receipt, but the contract is to carry and deliver to the order of a specified person, generally the shipper, and it contains an express agreement that the surrender of the bill, properly endorsed, shall be required by the carrier before delivery of the property. In the forms approved and recommended by the Interstate Commerce Commission and generally used by carriers, the LOANS AND INVESTMENTS 159 Straight and Order forms of bill are identical, in- cluding certain conditions on the back, except that the Straight bill omits the following matters con- tained in the Order bill: (1) the surrender clause, .(2) the inspection clause, (3) the words "order of" and (4) the word "notify," indicating the person to be notified of the arrival of the goods. 147. NEGOTIATION OF ORDER BILLS. The Uniform Bills of Lading Act, which has been enacted in sixteen States and is a companion act to the Warehouse Receipts Act, makes a distinction between Straight or non-negotiable and Order or negotiable bills of lading and provides that "a nego- tiable bill may be negotiated by any person in possession of the same, however such possession may have been acquired, if by the terms of the bill the carrier undertakes to deliver the goods to the order of such person, or if at the time of negotiation the bill is in such form that it may be negotiated by delivery." The Uniform Bills of Lading Act, in modified form, has also been passed by Congress to take effect January 1, 1917. It applies to bills of lading issued in interstate and foreign commerce. Among its provisions is the one just quoted relat- ing to negotiation of Order bills. This provision gives a greater degree of negotiability than here- tofore to Order bills of lading, because under it the bona fide purchaser can acquire good title from a thief or finder, if endorsed in blank so as to be capable of negotiation by delivery. Order bills of 160 LOANS AND INVESTMENTS lading, however, are not in all respects on the same footing as Straight bills of lading, for, as in the case of warehouse receipts, there is no liability of the carrier as insurer of the contents of packages where he has described such contents merely by a state- ment of the marks and labels upon them, and there is no liability of an endorser, as in the case of prom- issory notes, for default of the maker or prior en- dorsers. The banker who loans money or makes advances to one who assigns the bill of lading as security is chiefly concerned with the Order bill of lading. The Straight bill of lading affords him no security, for there is no obligation of the carrier to hold possession of the goods for the holder of the bill, and their delivery to the consignee before notice of the assignment of the bill of lading would protect the carrier. The only bill of lading, there- fore, which should be considered as security by the banker is the Order bill, and even the taking of this bill as collateral is sometimes attended with certain risks. 148. FALSE BILLS. Heretofore a serious risk to the purchaser or pledgee of an Order bill of lading has arisen from the issue by the agent of the carrier of a bill of lading acknowledg- ing the receipt of goods not in fact received. This might be done (1) mistakenly, (2) fraudu- lently, as by collusion where there are no goods, (3) as a matter of accommodation to the shipper, to furnish him in advance with the means of ob- LOANS AND INVESTMENTS 161 taining credit and in the expectation that the goods for which the bill has been prematurely issued will be ultimately delivered to the carrier for transporta- tion. By the rule of the common law which, before the enactment by Congress of the modified Uniform Bills of Lading Act, entitled "an act relating to bills of lading in interstate and foreign commerce," was recognized and applied by the Federal courts! and by many State courts, the carrier was not liable to a bona fide transferee or pledgee of the bill in such case. The authority of the agent to sign and issue bills of lading was held to exist only where he had already received the goods and not to exist in the absence of such receipt. Where he signed and issued a bill, therefore, which acknowledged the receipt of goods not in fact received, it was his own act and not the act of the carrier, and the latter was not bound to a transferee for value of the bill. In some eight States the courts have refused to apply this rule, and have held the carrier liable on the ground that by holding his agent out to the public as authorized to issue bills of lading he has clothed him with an apparent authority in such cases which the carrier is estopped to deny. In some dozen or more States, special statutes have also been enacted making the carrier liable, and such liability is also provided by the Uniform Bills of Lading Act, wherein the issue or negotiation of bills without goods is also made a criminal offense. The enactment by Congress of the Bills of 162 LOANS AND INVESTMENTS Lading Act above referred to, provides such lia- bility in cases of interstate and foreign shipments, and overturns the rule of non-liability applied by the Federal courts. The operation of such rule is now limited to intrastate shipments in a few States only, where the Uniform Bills of Lading Act has not been passed. The establishment of a liability of the carrier for the truth of the statements in the bill of lading is of vital importance, for otherwise, wherever money is loaned upon a bill of lading acknowledging the receipt of 100 bales of cotton, or two carloads of shingles or 500 sacks of potatoes, and no cotton, shingles or potatoes are behind the bill, the money is lost, for in such cases the shipper is generally irresponsible. The act of Congress also makes it a criminal offense to negotiate or transfer for value "a bill which contains a false statement as to the receipt of the goods." 149. SPENT BILLS. Another but less seri- ous risk, owing to its lesser frequency, grows out of the rule applied by some State courts, though not recognized in others, that where the goods represented by an Order bill have been delivered to a person holding the bill and rightfully entitled thereto, but without requiring surrender of the bill, the contract of the carrier has been performed, the functions of the bill have ceased and it becomes a spent or dead bill. Where this rule is applied, should the holder of the unsurrendered bill, after receiving the goods, fraudulently negotiate the bill, - LOANS AND INVESTMENTS 163 the holder would acquire no enforceable rights, and herein lies the risk. The Uniform Bills of Lading Act provides a liability of the carrier to the holder for value to whom a spent bill has been negotiated, and a similar liability is provided by act of Con- gress. The negotiation of spent bills is also made criminal by the State Uniform Bills of Lading Act. 150. ALTERED BILLS. At common law, a material alteration of a contract without consent of the person obligated, destroyed it, and the holder of such altered contract had no enforceable rights therein. Both by one of the conditions of the Uniform Bills of Lading and by provision of the Uniform Act, an altered contract is now enforceable for its original tenor and not destroyed completely. The act of Congress also provides "that any alter- ation, addition or erasure in a bill after its issue without authority from the carrier issuing the same, either in writing or noted on the bill, shall be void, whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor." The risk from acquiring altered bills has therefore been lessened, although there is still danger of loss in the case of raised bills, as where a bill acknowledging receipt of 10 boxes is fraudulently raised to 100. 151. GOODS NOT OWNED BY SHIPPER. Another, though infrequent, risk attendant upon the giving of value upon the faith of an Order bill of lading arises in the case where the shipper is 164 LOANS AND INVESTMENTS not owner of the goods shipped and is wrongfully in possession of them. He delivers the goods to the carrier and receives an Order bill of lading therefor, upon which he obtains an advance. The holder of the bill as security would, in this case, have no right to the goods as against the true owner. 152. GOODS LOST OR DAMAGED IN TRANSIT. Where goods are lost or damaged in transit through a cause for which the carrier is exempted from responsibility by virtue of the con- ditions in the bill of lading, of course there is an impairment or loss of the security, as represented by the bill of lading, unless there is coupled with the bill of lading an insurance contract against such loss. But in this particular case the risk is not as great as might first appear, because the shipper or owner of the goods to whom the advance has been made upon security of the bill of lading, is generally a responsible person who is liable for and will be able to pay the money loaned, although the security for such loan has been destroyed. It is only in cases where insolvency or irresponsibility of the shipper or debtor is concurrent with loss of the goods from a cause for which the carrier is not responsible that the holder of the security will suffer. 153. ATTACHMENT OF GOODS REP- RESENTED BY BILLS OF LADING. Numer- ous cases have arisen in many of the State courts LOANS AND INVESTMENTS 165 where goods represented by an Order bill of lading outstanding in the hands of a banker as pledgee for value have been attached while in the possession of the carrier by a creditor of the shipper. Lower courts in many of these cases have failed to recog- nize the rights of the banker holding the bill, and have sustained the attachment; but almost in- variably the higher courts of the different States have upheld his rights, as pledgee for value of the bill, as against the attaching creditor. In some cases where the banker has been proved to be only a collecting agent of the shipper, and not to have advanced value for or given credit for the draft to which the bill of lading is attached, the attach- ments have been held valid; but wherever the banker has taken title to the draft with the bill of lading as security therefor, whether the full value has been actually paid out to the shipper or only credited to him in his bank account, the superior rights of the banker as pledgee of the bill have been upheld. The Uniform Bills of Lading Act pro- vides an exemption from attachment of goods rep- resented by an outstanding negotiable or Order, bill of lading as follows: "If goods are delivered to a carrier by the owner, or by a person whose act in conveying the title to them to a purchaser for value in good faith would bind the owner, and a ne- gotiable bill is issued for them, they can not there- after, while in the possession of the carrier, be attached by garnishment or otherwise, or be levied 166 LOANS AND INVESTMENTS upon under an execution, unless the bill be first surrendered to the carrier or its negotiation en- joined. The carrier shall in no such case be com- pelled to deliver the actual possession of the goods until the bill is surrendered to him or impounded by the court." The same language is contained in the act of Congress except that the bill is termed an "order" instead of a "negotiable" bill. 154. NON-LIABILITY OF PLEDGEE AS WARRANTOR. In 1898 a court in Texas held that a bank which had purchased a draft secured by bill of lading for wheat and collected the amount of the draft from the drawee, surrendering to him the bill of lading, was liable to the drawee for the amount collected where it turned out that the wheat was musty and of an inferior quality than that contracted for. The theory of the court was that the bank was not only a purchaser of the draft, but also a purchaser and seller of the wheat to the drawee and an implied warrantor of the se- curity. This doctrine was soon afterwards fol- lowed by the Supreme Courts of North Carolina, Alabama and Mississippi, but was subsequently overturned in later cases in three of the four States named, leaving the State of Mississippi as the only one whose courts still adhere to this doctrine. The contrary doctrine, that the bank purchasing a draft and taking an assignment of the bill of lading in pledge by way of security does not warrant the genuineness of the bill or the quantity, quality or LOANS AND INVESTMENTS 167 condition of the goods, has been declared by the Supreme Court of the United States and by a large number of State courts, and is now expressly pro- vided by the Uniform Bills of Lading Act, which, however, provides the same warranties by seller to purchaser as in case of transfer of warehouse re- ceipts. Similar provisions are contained in the act of Congress. 155. SHIPPER'S LOAD AND COUNT. In cases where the goods represented by bills of lading are loaded and counted by the shipper and this is frequently the case where large factories are located on spurs and sidings away from the main track and away from the railroad freight depot the practice is for the carrier to stamp on such bills the words "shipper's load and count," which indicate that the shipper has loaded and counted the contents of a particular car or shipment, and that the carrier is not responsible for the correct- ness thereof. Obviously such bills, although they may be Order bills, are not a safe basis of collateral, for the integrity of the bill as to value of the ship- ment rests entirely on the honesty of the shipper, and the carrier is not responsible. The act of Congress prohibits the insertion of words of this character when goods are loaded by the carrier, and also in certain cases where loaded by the ship- per; that is to say, where the shipper of bulk freight maintains adequate facilities for weighing such freight, which are available to the carrier, and 168 LOANS AND INVESTMENTS makes written request of, and gives reasonable op- portunity to, the carrier to ascertain the kind and quantity of bulk freight, the carrier must do so within reasonable time, and is prohibited from in- serting in the bill "shipper's weight" or words of like purport. 156. WORD "NOTIFY" ON ORDER BILLS. It is sometimes assumed that the word "notify" on an Order bill of lading carries notice that the person to be notified has some right or equity in the goods which might be asserted as against a pledgee for value, and that it is therefore unsafe to advance value upon such a bill. This is an er- roneous assumption. The original form of bill of lading was the Straight bill. But as under this bill the carrier could deliver the goods to the con- signee without taking up the bill, the shipper had no means of retaining the goods as security until he received payment of the purchase price. The practice, therefore, became common of issuing bills to order of the shipper, under which the carrier was required to hold the goods and make delivery only to the holder of and upon surrender of the Order bill. The shipper would attach his bill to a draft and forward it for collection and upon payment of the draft by the purchaser of the goods, the bill would be delivered to him and enable him to obtain the goods from the carrier. The word "notify" on such bills simply indicates a request to the carrier that upon arrival of the goods he will notify LOANS AND INVESTMENTS 169 the person for whom they are intended that he may, by paying the draft and obtaining possession of and surrendering the bill of lading, receive de- livery of the goods. In addition to sending the draft and Order bill for collection, the practice is now common for the shipper to obtain an advance on the documents from his local banker, who, as owner of the draft with the bill of lading attached as security, has the collection made for his own account. The Uniform Bills of Lading Act clears up all doubt as to the effect of the word "notify" in an Order bill by providing that "the insertion in a negotiable bill of the name of a person to be noti- fied of the arrival of the goods shall not limit the negotiability of the bill or constitute notice to a purchaser thereof of any rights or equities of such person in the goods." The same provision is in the act of Congress. 157. SURRENDER OF BILLS OF LADING TO DRAWEES. Considerable doubt has arisen in the past in the minds of bankers holding drafts with bills of lading for collection, and some litiga- tion has resulted, concerning the duty of the col- lecting bank to surrender the bill of lading to the drawee upon acceptance of the draft or his obliga- tion to hold the security until the draft is actually paid. The following provisions of the Uniform Bills of Lading Act thus regulate the subject in accordance with the weight of authority: Where the seller of goods draws on the buyer for the price 170 LOANS AND INVESTMENTS of the goods and transmits the draft and a bill of lading for the goods either directly to the buyer or through a bank or other agency, unless a different intention on the part of the seller appears, the buyer and all other parties interested shall be justi- fied in assuming: (a) If the draft is by its terms or legal effect payable on demand or presentation or at sight, or not more than three days thereafter (whether such three days be termed days of grace or not), that the seller intended to require pay- ment of the draft before the buyer should be en- titled to receive or retain the bill, (b) If the draft is by its terms payable on time, extending beyond three days after demand, presentation or sight (whether such three days be termed days of grace or not), that the seller intended to require accept- ance, but not payment of the draft before the buyer should be entitled to receive or retain the bill. The provisions of this section are applicable whether by the terms of the bill the goods are consigned to the seller, or to his order, or to the buyer, or to his order, or to a third person, or to his order. These provisions, however, are not contained in the Act of Congress. 158. COLLATERAL NOTES. Banks doing an extensive collateral loan business usually have a special form of collateral note. Such forms vary in some particulars but the following is a typical specimen: LOANS AND INVESTMENTS 171 New York ,191 $ after date, FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of THE INSTITUTE BANK OF NEW YORK (hereinafter called the Bank), at its Banking Office in New York City, DOLLARS, in United States gold coin or its equivalent, having deposited with the Bank, as collateral security for the payment of this note, or any note given in extension or renewal thereof, as well as for the payment of any other obligation or liability, direct or contingent, of the undersigned, or any of them, to the Bank, due or to become due, whether now existing or here- after arising, the following property, viz. : [Space for enumeration of collateral] of a market value estimated by the undersigned at $ '; and the undersigned agree to deliver to the Bank additional securities, or to make payments on account to its satisfac- tion, should the market value of the said securities, as a whole, suffer any decline. The undersigned hereby give to the Bank a lien for the amount of all such obligations and liabili- ties upon all the property or securities now or at any time hereafter given unto or left in the possession of the Bank by the undersigned, whether for the express purpose of being used by the Bank as collateral security, or for any other or different purpose, and also upon any balance of the deposit account of the undersigned, or any of them, with the Bank. On the non-performance of this promise, or upon the non- payment of any of the obligations or liabilities above men- tioned, or upon the failure of the undersigned, forthwith, with or without notice, to furnish satisfactory additional securities, or to make payments on account, in case of de- cline, as aforesaid, or in case of insolvency, bankruptcy, or failure in business of the undersigned, or any of them, then and in any such case, this note and all other obligations and 172 LOANS AND INVESTMENTS liabilities, direct or contingent, of the undersigned and each of them, shall forthwith become due and payable, without demand or notice; and full power and authority are hereby given to the Bank to sell, assign, and deliver the whole of the said securities, or any part thereof, or any substitutes therefor, or any additions thereto, or any other securities or property given unto or left in the possession of the Bank by the undersigned, whether for the express purpose of be- ing used by the Bank as collateral security, or for any other or different purpose, or in transit to or from the Bank, by mail or carrier, for any of the said purposes, at any broker's board, or at public or private sale, at the option of the Bank, without either demand, advertisement or notice of any kind, all of which are hereby expressly waived. At any such sale, the Bank may itself purchase the whole or any part of the property sold, free from any right of redemption on the part of the undersigned, which is hereby waived and released. In case of any sale or other disposition of any of the prop- erty aforesaid, after deducting all costs, or expenses of every kind for collection, sale or delivery, the Bank may apply the residue of the proceeds of the sale or sales so made, to pay one or more or all of the said obligations or liabilities to it, whether then due or not due, making proper rebate for inter- est on obligations or liabilities not then due, and returning the overplus, if any, to the undersigned, who agree to be and remain liable, jointly and severally, to the Bank for any deficiency arising upon such sale or sales. The undersigned do hereby authorize and empower the Bank, at its option, at any time, to appropriate and apply to the payment and extinguishment of any of the obligations or liabilities, here- inbefore referred to, whether now existing or hereafter con- tracted and whether then due or not due, any and all moneys now or hereafter in the hands of the Bank, on deposit or otherwise, to the credit of or belonging to the undersigned, or any of them. LOANS AND INVESTMENTS 173 The Bank may transfer this note and may deliver the said collateral security or any part thereof to the transferee or transferees, who shall thereupon become vested with all the powers and rights above given to the Bank in respect there- to; and the Bank shall thereafter be forever relieved and fully discharged from any liability or responsibility in the matter. No delay on the part of the holder hereof, in exer- cising any rights hereunder, shall operate as a waiver of such rights. 1 59. COLLATERAL LOAN AGREEMENTS. Sometimes a special form of contract similar to the following is made between banks and regular loan customers : WHEREAS, the undersigned expect, from time to time, to borrow money from THE INSTITUTE BANK OF NEW YORK (hereinafter called the Bank) and to pledge with the Bank property of various kinds as collateral security for the payment of such loan or loans to be hereafter made by the Bank; Now, therefore, IT IS AGREED by the undersigned with the Bank, that all property thus pledged with it may be held by it as collateral security for the payment of such loan or loans as well as for the payment of any other obligation or liability, direct or contingent, of the undersigned, or any of them, to the Bank, due or to become due, whether now existing or hereafter arising; and the undersigned agree to deliver to the Bank additional securities, or to make payments on account to its satisfaction, should the market value of the said securities, as a whole, suffer any decline. The undersigned hereby give to the Bank a lien for the amount of all such obligations and liabilities upon all the property or securities now or at any time hereafter given unto or left in the possession of the Bank by the undersigned, whether for the express purpose of being used by the Bank as collateral security, or for any 174 LOANS AND INVESTMENTS other or different purpose, and also upon any balance of the deposit account of the undersigned, or any of them, with the Bank. On the non-performance of this promise, or upon the non- payment of any of the obligations or liabilities above men- tioned, or upon the failure of the undersigned, forthwith, with or without notice, to furnish satisfactory additional securities, or to make payments on account, in case of de- cline, as aforesaid, or in case of insolvency, bankruptcy, or failure in business of the undersigned, or any of them, then and in any such case, all obligations and liabilities, direct or contingent, of the undersigned and each of them, shall forthwith become due and payable without demand or notice ; and full power and authority are hereby given to the Bank to sell, assign, and deliver the whole of the said se- curities, or any part thereof, or any substitutes therefor, or any additions thereto, or any other securities or property given unto or left in the possession of the Bank by the undersigned, whether for the express purpose of being used by the Bank as collateral security, or for any other or differ- ent purpose, or in transit to or from the Bank, by mail or carrier, for any of the said purposes, at any broker's board, or at public or private sale, at the option of the Bank, with- out either demand, advertisement or notice of any kind, all of which are hereby expressly waived. At any such sale, the Bank may itself purchase the whole or any part of the property sold, free from any right of redemption on the part of the undersigned, which is hereby waived and released. In case of any sale or other disposition of any of the prop- erty aforesaid, after deducting all costs, or expenses of every kind for collection, sale or delivery, the Bank may apply the residue of the proceeds of the sale or sales so made, to pay one or more or all of the said Obligations or liabilities to it, whether then due or not due, making proper rebate for inter- est on obligations or liabilities not then due, and returning LOANS AND INVESTMENTS 175 the overplus, if any, to the undersigned, who agree to be and remain liable, jointly and severally, to the Bank for any deficiency arising upon such sale or sales. The undersigned do hereby authorize and empower the Bank, at its option, at any time, to appropriate and apply to the payment and extinguishment of any of the obligations or liabilities, here- inbefore referred to, whether now existing or hereafter con- tracted and whether then due or not due, any and all moneys now or hereafter in the hands of the Bank, on deposit or otherwise, to the credit of or belonging to the undersigned, or any of them. The Bank may assign or transfer this instrument and may deliver the said collateral security or any part thereof to the transferee or transferees, who shall thereupon become vested with all the powers and rights above given to the Bank in respect thereto; and the Bank shall thereafter be forever relieved and fully discharged from any liability or responsibility in the matter. No delay on the part of the holder hereof, in exercising any rights hereunder, shall operate as a waiver of such rights. On the back of collateral notes and collateral loan agreements some such provision as the following may be printed: "In consideration of one dollar paid to the undersigned, and of the making, at the request of the undersigned, of the loan evidenced by the within note, the undersigned hereby jointly and severally guarantee to The Institute Bank of New York, its successors, indorsees or assigns, the punctual payment, at maturity, of the said loan, and hereby assent to all the terms and conditions of the said note, and consent that the securities for the said loan may be exchanged or surrendered from time to time, or the time of payment of the 176 LOANS AND INVESTMENTS said loan extended, without notice to or further assent from the undersigned, who will remain bound upon this guaranty, notwithstanding such changes, surrender or extension." CHAPTER V Seasonal Demands for Money 160. SEASONAL MOVEMENTS IN MONEY MARKETS. The demand for money in the United States is seasonal in character. This fact is largely due to conditions pertaining to the marketing of agricultural crops. Seasonal demands for money vary to some extent in different sections of the country in accordance with local conditions, but the seasonal swings manifested in New England, the Middle States, and the district tributary to Chicago, are essentially the same. Since this terri- tory includes New York City, the country's domi- nant money market, it may be taken as typical. This territory shows five important seasonal periods which may be briefly described as follows: (1) Throughout January and during the early part of February there is normally a pronounced "easing up" of the money market. By the fore part of January the crop-moving demand for money in the West and South is over and the return flow of cash is at its height. There is a natural reaction in part psychological which results from the relaxing of the heavy strain on the money market incident to January 1 settlements and to the pass- ing of the holiday season. At this time freight traffic, both on the railroads and the inland water- ways, is relatively small. 177 178 LOANS AND INVESTMENTS (2) The next seasonal movement is the "spring trade revival/' beginning about the middle of Feb- ruary and extending until the latter part of March or the fore part of April (in some years a week or so later). This recovery is stimulated by the cheap money prevailing during the preceding period, rail- road traffic is released from the incubus of cold weather and snow, and the inland waterways are opened up; on April 1 comes the demand for large interest and dividend settlements, and in this period comes the spring demand of agriculturists for the planting of the crops. (3) The third important seasonal movement is the weakening money market of the late spring, followed by the summer depression. This period extends from the fore part or middle of April to the fore part of August. It is interrupted by a temporary reaction about July 1, the time of semi- annual settlements. This period shows the natural reaction from the high rates of the preceding period, the anticipation and later the realization of the hot months of summer comprising the vaca- tion period, the lessened demand for funds in the middle West after the planting of the crops, and the resulting return of cash to New York. The declining and cheap money market at this time, which finds expression in such phenomena as large bank reserves, low percentage of loans to deposits, low interest rates, gold exportations, and high security prices, is to some extent self -corrective. LOANS AND INVESTMENTS 179 (4) The crop-moving period is the fourth period. This period, the discounted beginning of which is evidenced by the upward turn of inter- est rates on sixty to ninety day commercial paper and four months' time paper as early as the first week in July, may perhaps best be dated from the first week in August, when call rates begin their upward movement and when bank reserves begin their decline. Under the pressure of the crop- moving demand for cash in the West and South, bank reserves are depleted and the money market tightens rapidly until about October 1. (5) The fifth and last seasonal period in the New York money market extends from about the first week in October to the opening of the new year. It is a period of considerable uncertainty and of many minor fluctuations, but the demand for moneyed capital continues large until after the holiday season and January settlements. The westward movement of cash falls off rapidly in November and December, and by the latter month the return flow has set in. The southward move- ment declines in November, but shows some signs of increasing temporarily in December. Gold im- ports reach a low point in December. Doubtless the Federal Reserve System will exer- cise a large influence in the direction of lessening the extent of these seasonal fluctuations, and pos- sibly also some influence upon the delimitations of the periods themselves. Seasonal demands for 180 LOANS AND INVESTMENTS money, however, are organic, and while new bank- ing conditions may diminish their acuteness, the problem of periodical variations promises to con- tinue to complicate the banking business. 161. SEASONAL VARIATIONS IN NEW ENGLAND. A comprehensive study of the causes and effects of seasonal demands for money was made a few years ago by Professor E. W. Kem- merer of Princeton University, and published by the Monetary Commission. According to Professor Kemmerer, currency movements to and from New England are principally to and from the Eastern States (almost entirely New York City). In Janu- ary there is a strong movement of cash from New England to New York City, in part the result of large purchases of cotton by manufacturers in Massachusetts and vicinity, and in part probably the result of the return flow of cash to the banks after the holiday demand and of the call for New York remittances in settlement of holiday pur- chases. February shows a comparatively small movement of cash in both directions. March and April are characterized by heavy shipments of cash from New York City to New England, caused in part by the heavy demand for remittances to Massa- chusetts manufacturers by western and southern jobbers and in part probably by the spring needs of New England farmers. May, June and July appear to be moderately inactive months, so far as currency movements between New England and LOANS AND INVESTMENTS 181 the Eastern States are concerned, with some flow of cash in both directions, but no great preponder- ance in one direction over the other. For August, September and October the movement is toward New England. The August movement is at least in part due to the preparation on the part of New England bankers for an anticipated difficulty in getting funds from New York in the autumn, when New York banks are subject to such large calls from the West and South. The September and October movement is largely due to remittances made at that time by jobbers in the West and South in settlement of accounts for the purchase of shoes, dry goods, and other articles of New England manufacture. For November and December cash tends to flow from New England to New York City, in response to the large purchases of cotton by New England manufacturers during these months, the drafts upon the mills for cotton coming mainly through New York. 162. SEASONAL VARIATIONS IN THE MIDDLE WEST. New York exchange in Chi- cago is normally high throughout January, and there is a strong movement of cash from Chicago to New York at that time. The crop moving and holiday demand being over, money tends to be rela- tively cheap in Chicago, and flows to New York City, where it is absorbed somewhat in speculative activity and in the higher security prices which normally rule the latter part of January and the 182 LOANS AND INVESTMENTS fore part of February. From the last of January to the fore part of March, New York exchange tends to fall, and shipments of cash from Chicago to the Eastern States are very small. During this period the demand for money in Chicago is in- creased by the anticipated opening of navigation on the Great Lakes, the demand on the part of western bankers for currency to meet the spring needs of farmers, and by the fact that the first of March in many sections of the Middle West is the commonest time for making settlements of interest and principal on farm mortgages. New York exchange reaches its minimum (for this part of the year) early in March, and then advances rapidly until it reaches its maximum for the year the latter part of May. It then continues at a high level until early in July, when the crop mov- ing demands begin to make themselves felt. About the first of July New York exchange begins to fall in response to the crop moving demand, declining rapidly, with minor interruptions, until early in September, and then maintaining a low level until the fore part of November. There is a strong movement of currency from the Eastern States to Chicago in August, September and October, reach- ing its maximum for the year in October. During the last seven or eight weeks of the year, the crop moving demand having subsided, New York ex- change tends to rise, and the return movement of cash to the East begins. The seasonal movements a LOANS AND INVESTMENTS 183 in New York exchange in St. Louis are similar to those in Chicago. The seasonal currency move- ments between Chicago and the Eastern States are fairly representative of those between the Middle Western States as a whole and the Eastern States. 163. MIDDLE WEST AND SOUTHERN STATES. Currency movements between the Mid- dle Western States and the Southern States are large, and afford valuable evidence as to the sea- sonal variations in the demand for money in the two sections compared with each other. January is clearly the month of largest receipts by the Middle Western States from the Southern States. This January movement is apparently the return movement of cash after the crop moving demand in the South has subsided, and it is largely to St. Louis and Chicago principally the former. While there is a pronounced falling off in February in this flow of cash to the Middle Western States, it continues, nevertheless, in substantial amounts for several months, with May as the second highest month of the year. Beginning about the first of May, the banks in the winter wheat section are called upon to finance the winter wheat crop, and this fact may explain in part the strong movement of cash from the South in May. Receipts of the Middle Western States from the Southern States decline rapidly from June to November, and, con- temporaneously, there is an increasing movement of cash in the opposite direction, culminating in 184 LOANS AND INVESTMENTS October, and apparently showing that, despite the great needs of the Middle West for cash in the crop moving season, the needs of the South are sufficiently greater to make the flow of cash strongly southward from the Middle West. Sep- tember and October have been found to be clearly the months of largest movements of cash from the Middle Western States to the Southern States, while January has been found to be the month of largest movement of cash in the opposite direction. November and December show considerable move- ments of cash in both directions, and may perhaps best be classed as transitional months. 164. SEASONAL VARIATIONS IN THE SOUTH. New York exchange in New Orleans shows the usual advance during the fore part of January, in response to the demands for New York funds for investment during the slack season in the South. As the funds are transferred, there is naturally a decline (extending from about the third to the eighth week), after which exchange exhibits no important seasonal movements until about the middle of May. From then until about the middle of June exchange tends to advance. During the next three weeks there is a reaction, followed by a temporary advance, extending from about the middle of July to the middle of August. The southern crop moving demand begins in earnest about the middle of August, when bills against crop shipments are offered in large quantities, and LOANS AND INVESTMENTS 185 exchange is forced down rapidly and almost con- tinuously until the minimum rates of the year are reached in the fore part of November. The crop moving demand having reached its high point about the forty-fifth week, the return flow of cash from nearby agricultural communities to New Orleans sets in, money becomes more plentiful, and ex- change rates advance, the upward movement being expedited by the holiday demand for New York exchange and by the demand incident to January settlements. January is the month of strongest movements of cash from the South toward the Eastern States. The five months, February to June, inclusive, are months of moderate move- ments of cash toward the Eastern States. Begin- ning with July, there is an increasing movement in the opposite direction, culminating in September and October, when the crop moving demand is at its height. In November and December there is considerable movement in both directions, and those months may best be classed as transitional months between the southward crop moving flow of September and October and the northward return flow of January. 165. SEASONAL VARIATIONS ON THE PACIFIC COAST. From the beginning of Janu- ary until about the first of March, New York exchange in San Francisco rises rapidly. January and February are months of relatively large ship- ments of cash from San Francisco to the Eastern 186 LOANS AND INVESTMENTS Vt.- States. Among the principal causes may be men- tioned the fact that advances which have been made for the movement of general crops are being repaid rapidly, the demand for eastern remittances to pay bills incurred for holiday purchases, and the desire of local taxpayers to get movable funds out of the State the latter part of February before the tax returns of the first Monday in March are made to the assessors. From the fore part of March to the fore part of June, the general tendency of New York exchange is upward, although there are minor interruptions. March, April and May are months of comparatively small shipments of cash by San Francisco to the Eastern States, and the shipments in the opposite direction are of little importance. During the latter part of June, New York exchange temporarily advances, probably in response to demands for remittances east to meet July settle- ments. Exchange rates decline from about the first week in July to the fore part of September. This decline is not sufficient to bring about the shipment of cash to San Francisco from the Eastern States. It is, however, sufficient to reduce the east- ward flow of cash. The decline is probably due to the large amount of eastern credits available locally at this time from the shipments of California products, especially green fruits, to eastern points. From about the middle of September to the latter part of October, New York exchange tends to rule at near par. During this period the outward move- LOANS AND INVESTMENTS 187 ments of grain, green fruit, and fish, tend to force exchange down, while the facts that this is the quarter of large receipts of gold from Alaska, mak- ing it a period of large receipts of gold bullion at the mint, and that the San Francisco mint makes returns for this gold in gold coin or New York exchange at the option of the owner of the bullion, tend to keep New York exchange at par. Exchange falls rapidly from the latter part of October to about the first of December, when it reaches the lowest point of the year. Shipments of cash be- tween San Francisco and the Eastern States are unimportant during this period. November and December, however, are the months of largest transfers of cash to San Francisco. The fall in exchange at this time appears to be due primarily to the outward movement of dried fruits and to the fact that this is the active part of the northern grain season. The low point of the year is reached about the last week in November, when the tax collector for the city and the county of San Francisco has been accustomed to withdraw large sums of actual coin from circulation, and to lock much of it up in the vaults of the city hall. 166. SEASONAL VARIATIONS IN FOR- EIGN EXCHANGE. Sterling exchange rates normally rise throughout January and the fore part of February. Gold movements to and from the United States at this time are generally not large, but the tendency is toward exportation. In Lon- 188 LOANS AND INVESTMENTS don the money market tends to be reasonably strong in January, weakening, however, in Febru- ary. From the latter part of February until the latter part of March, the tendency of sterling ex- change rates is slightly downward. March is a moderately weak month in the London money market. Sterling exchange in New York advances rapidly from the latter part of March until the middle of June, reaching its highest point of the year in June. For April, May and June the move- ment of gold is outward, the average net exporta- tions reaching their highest figures for the year in May and June. The London market appears to "ease up" considerably at this time. Sterling rates continue high through July, though declining slighty, and then decline rapidly under the influence of cereal and cotton bills and of the crop moving demand for money, until they reach their lowest point of the year about the first week of October. The months of October, September and November (in the order named) are the months of largest net gold importations. In the London money mar- ket the fall months are commonly spoken of as the period of the "autumnal pressure" or the "autumnal drain." From the fore part of October until the latter part of November, sterling exchange tends to move upward, and from the latter date until the end of the year it is very uncertain. Gold importa- tions are usually much smaller in December than in November. Recent important developments in LOANS AND INVESTMENTS 189 the use of finance bills, by which funds are bor- rowed by American bankers in Europe, especially in London, on collateral security, usually in the form of stocks and bonds, have had an important influence upon the sterling exchange market, tend- ing to level somewhat the seasonal fluctuations. It has, however, by no means destroyed the normal seasonal swing of the exchange market. 167. SEASONAL VARIATIONS IN PRICES OF BONDS. On theoretical grounds it would be expected that periods of greatly increasing demand for money, like the crop moving period, would tend to cause lower prices for bonds, and that a period of greatly decreasing demand, like that of mid- summer, would tend to cause higher prices. In the fall months a greater burden of work is imposed upon the money in circulation, and unless its rate of turnover increases the same amount will not do the work except at a lower level of prices. The extra burden of exchange work is carried in part by the expansive power of deposit currency, but even deposit currency must be supported by cash reserves, and the need of cash for crop moving purposes, which results in the westward and south- ward movement of reserve money, limits the ex- pansive power of deposit currency. For the pur- pose of testing the truth of such reasoning, "and interest" quotations were compiled and index num- bers computed by Professor Kemmerer for the prices of twenty-seven railroad bonds for periods 190 LOANS AND INVESTMENTS ranging from nine to nineteen years. These figures were then combined into a composite for all bonds for all years, each point in the composite represent- ing three hundred and ninety-three or three hun- dred and ninety-four bond years. The evidence afforded by these figures shows the following seasonal tendencies: (1) There is a strong tendency for bond prices to rise from the beginning of the year until about the first week in February, a period during which the money market has been found to be almost invariably declining and weak. From the first to the fifth week of the year the average price of all twenty-seven bonds rose from 98.99 to 99.79, the average index number of prices rising from 48.1 to 60.9. For twenty-six of the twenty-seven bonds the average price was higher for the fifth week than for the first, and for two hundred and sixty-eight of the three hundred and ninety-four bond years the price for the fifth week was higher. In addition to the influence of the weak money market at this period, it should be noted that after January (and also July) disbursements of interest and dividends, there are considerable amounts of funds seeking reinvestment. (2) The second seasonal period extends from the fore part of February to the latter part of March. It is a period during which the tendency of prices is downward, and a period of increasing demand for loanable capital. The average price LOANS AND INVESTMENTS 191 of the twenty-seven bonds fell from 99.79 for the fifth week to 99.02 for the eleventh week, the average index number falling from 60.9 to 51.1. For twenty-five of the twenty-seven bonds the average price was lower for the eleventh week than for the fifth, and the price was lower for the eleventh week in two hundred and ninety of the three hun- dred and ninety-four bond years. (3) The third seasonal tendency is for bond prices to rise from the latter part of March until the fore part of May, and to be comparatively high from then until about the middle of June a ten- dency in substantial harmony with the money mar- ket movements of this season of the year. The average price of the twenty-seven bonds rose from 99.02 for the eleventh week to 99.56 for the twenty-fourth week, the average index number rising from 51.1 to 56.7. For twenty-two of the twenty-seven bonds the average price was higher for the twenty-fourth week than for the eleventh, and of the three hundred and ninety-three bond years, two hundred and nine showed higher prices for the twenty-fourth week than for the eleventh. (4) For the period from the middle of June until early September the evidence is contra- dictory, but on the whole seems to point to a ten- dency for prices to be moderately high. (5) Beginning near the middle of September, bond prices tend downward until about the middle of October. The average price of all twenty-seven 192 LOANS AND INVESTMENTS bonds fell from 99.49 for the thirty-sixth week to 99.11 for the forty-first, and the average index number fell from 54.9 to 50. For twenty-one of the twenty-seven bonds the average price was lower for the forty-first week than for the thirty-sixth, and the price was lower for the forty-first week in two hundred and thirty-six of the three hundred and ninety-four bond years. (6) From about the middle of October, after the heaviest part of the crop moving demand for money is over, until early December, bond prices show an upward tendency. The average price of all bonds rose from 99.11 for the forty-first week to 99.75 for the forty-ninth week, the average index number rising from 50 to 56.3. Twenty-five of the twenty-seven bonds showed higher average prices for the forty-ninth week than for the forty-first, and of the three hundred and ninety-four bond years, two hundred and forty-three showed a higher price for the forty-ninth week. In addition to the relaxation of the crop moving demand for money at this time, another factor is the tendency of dealers to accumulate bonds in anticipation of an increasing demand rising from the dividend and interest disbursements of January 1. The latter part of December is a transitional period for bond prices, as it has been found to be for many other money market phenomena, the tendency being downward from the forty-ninth to the fifty-first week, and then upward for the fifty-second week. LOANS AND INVESTMENTS 193 The average price of all twenty-seven bonds fell from 99.75 for the forty-ninth week to 99.39 for the fifty-first week, and then rose to 99.58 for the fifty-second. The corresponding average index numbers were, respectively, 56.3, 52.2 and 55. For twenty- three of the twenty-seven bonds the average price was lower for the fifty-first week than for the forty-ninth. The price was lower also for the fifty- first week than for the forty-ninth in two hundred and thirty-nine of the three hundred and ninety- four bond years. The tendency toward instability in December is shown by the fact that December had both more maximum annual prices and more minimum annual prices than any other month of the year. It may be concluded that the extent of the sea- sonal variations in bond prices is usually not great, but that the percentage is large enough in the abso- lute to amount to many million of dollars annually. The seasonal movements are for the most part not very pronounced in their regularity, but on the whole tend to conform to the normal seasonal swing of the money market. 168. SEASONAL STRAINS ON BANK RE- SERVES. Seasonal demands for money have a direct influence on bank reserves. The enormous sum of twenty billion dollars, more or less, is the sum of individual deposits in American banks, exclusive of savings banks. Of this large sum approximately one-half consists of individual de- 194 LOANS AND INVESTMENTS posits subject to check without notice. Most of the remainder consists of various kinds of savings deposits, a considerable part of which are legally payable on demand, and most of which are actually so payable as a matter of banking policy and prac- tice. Such total individual deposits represent over five times the total money in circulation, while that part of them which is subject to withdrawal without notice represents probably at least three times the country's total monetary circulation. The obligation of banks to pay their demand deposits on demand is so exacting that a failure to do so is an act of insolvency, and may be made the occasion of forcing the guilty bank to close its doors. As regards a large proportion of their sav- ings deposits, commercial banks may legally exer- cise the privilege of requiring thirty or sixty days' notice for withdrawal. They seldom do so, how- ever, since refusal to pay savings deposits on demand impairs public confidence in any bank, and is likely to cause a run on its demand deposits. 169. ADEQUACY OF RESERVES. The 27,- 000 commercial banks, holding approximately ten billion dollars of demand deposits, according to re- cent statistics, have in their vaults less than one and a half billions in cash, less than one-third of which is "legal tender money." Their total cash reserves therefore average less than 16 per cent, of their in- dividual deposits subject to check without notice, and but 7.6 per cent, of their total individual de- LOANS AND INVESTMENTS 195 posits. Subject to the requirements of law, which in the United States usually compels banks to keep a certain minimum reserve against deposits, and subject also in some cases to minimum reserve rules of the local Clearing House Association, each bank must decide, according to the nature of its own business, the characteristics of its own cus- tomers their habits and prejudices and accord- ing to the varying states of the money market, how large a cash reserve it will keep. Most foreign countries do not impose by law minimum reserve requirements against bank deposits. It is the almost universal practice, however, in the United States. Such requirements have been imposed by the national government since the passage of the National Banking Act in 1863, and are also imposed by the banking laws of nearly all the States. Inas- much as reserve money in vaults yields no direct profit to the bank, the desire for profits continually exercises pressure to reduce the cash reserves to a minimum. On the other hand, profits in the long run require that the bank shall enjoy the confidence of the public; and a reputation for strength and conservatism is to a bank a great asset. The main- tenance of a reserve at all times fully adequate to meet demands is a large factor in building up a bank's reputation, and, as many American bankers can testify after a period of money stringency, such a reserve is an important factor in the peace of mind of bank officials. A reserve, however, that 196 LOANS AND INVESTMENTS would be adequate for one bank may be grossly inadequate for another; while a reserve that is adequate for a bank at one season of the year may be far from adequate for the same bank at another season. 170. LEGAL TENDER AND OTHER RE- SERVE CREDITS. Bank deposits are payable in legal tender money, and legal tender money alone if the depositor insists. Therefore, narrowly speaking, the term bank reserve might be limited to legal tender money in the possession and owner- ship of the bank. Inasmuch, however, as certain other kinds of money, e. g., gold certificates, silver certificates, National bank notes and Federal Re- serve notes, are everywhere accepted by the public in final payment of debts, and are redeemable in legal tender money on demand, by an institution of unquestioned financial stability, the United States Government, it is reasonable from the eco- nomic point of view not always the legal point of view to extend the term to cover such kinds of money. Furthermore, in countries where there is a central bank, as in France and Germany, or a group of central banks as in the Federal Reserve System of the United States, with liberal powers of bank note issue, and with public responsibilities in the line of rediscounting, and of otherwise con- serving the national money market, it seems reasonable, from the economic point of view, to extend the term reserve so as to cover not only LOANS AND INVESTMENTS 197 the bank notes of the central banks, but also bankers' non-interest-bearing demand deposits in these central banks. In France, Germany and England bank notes of the central bank are legal tender; and bank reserves, or "cash balances," as they are commonly called, always mean "cash on hand and in the central bank." When a legal mini- mum reserve exists, as in the United States, it is a debatable question whether it is sound public policy to permit bank notes and bankers' deposits in the central bank to be included to an unlimited extent in the funds constituting the legal minimum. 171. SECONDARY RESERVES AND THEIR CHARACTER. Having decided upon the size of its normal reserves, i. e., a fair working balance plus a reasonable "factor of safety," the bank seeks to invest the remainder of its funds where they will bring the largest returns consist- ent with safety, and with the future development of the bank's business. Since the great bulk of a commercial bank's liabilities to its customers are demand liabilities, and since those which are not demand are usually payable on very short notice, i. e., thirty to sixty days, the bank in making its investments is constrained to put a substantial part of its funds in quick assets, investments which can be turned into cash promptly and without much loss in time of need. This type of investment is called a "secondary reserve," because, following the cash on hand, it is a "second line of defense" 198 LOANS AND INVESTMENTS in case of exceptional demands. Strictly speaking it is not a "reserve" at all, but a form of interest- yielding investment. These secondary reserves may consist of innumerable forms of investments ; they may be interest-bearing demand deposits in other banks, self-liquidating commercial paper ar- ranged so that the maturities come along at short intervals, commodity paper secured by cotton, grain or other staple commodities, call or time loans on stock exchange collateral; securities purchased, especially listed railroad and municipal bonds, and many other kinds of evidence of indebtedness. Whatever form these investments take, the banker in selecting them submits them to a three-fold test: (1) Marketability in times of emergency, (2) Safety, and (3) Income yield. 172. MARKETABILITY IN EMERGEN- CIES. The first requirement of a secondary re- serve is exchangeability in times of emergency for money, which is itself the ultimate means of payment and the most highly exchangeable of economic goods. The emergencies to be met may be runs on the bank, flurries in the local money market; the fairly regularly recurring periods of seasonal strain, like the crop moving period in the fall or the period of the "spring re- vival;" or it may be one of the great financial crises that strike us occasionally. Whatever may be the cause of the emergency, the secondary reserve is the bank's insurance fund to protect it against em- LOANS AND INVESTMENTS 199 barrassment and insolvency. When the demand comes, if the secondary reserve can be turned quickly into cash, i. e., into a primary reserve, the bank keeps open its doors and conserves its reputa- tion; if it cannot be transmuted quickly into cash, the bank suspends cash payments and usually closes its doors either temporarily or permanently. Even if later it meets its obligations and resumes busi- ness, it will have suffered a serious impairment in that great banking asset, reputation for financial stability. The secondary reserve, like the second line of defense in time of battle, when it is called upon to be the first line, is first of all expected to meet the attack, and meet it effectively. If it can do so without serious loss, so much the better, but loss or no loss, it should meet it. To this end it must above all else be "emergency-marketable." 173. SAFETY OF INVESTMENT. It is self evident that a bank's secondary reserves should be safely invested. Banks want interest, but they do not wish to lose the principal. This requirement of safety is important in itself, and is a corollary of the preceding requirement of marketability in times of emergency. For, while unsafe and specu- lative securities may have active markets in pros- perous times, they have little market in times of crisis; and it is then that the concerns that issue them go to the wall in large numbers. Not all intrinsically safe securities are marketable in stringent times, but intrinsically safe securities 200 LOANS AND INVESTMENTS alone are highly marketable. Only assets that rest upon "bed rock" values can be depended upon as secondary reserves. 174. INCOME YIELD OF INVESTMENT. In order of importance the third criterion of a good secondary reserve is income yielding capacity. Although the banking business is in a large measure "affected with a public interest," and bankers are in a high degree "public trustees," it is still true that the chief motive power that drives the modern banking machinery is the desire for financial profit. A secondary reserve is primarily an emergency in- vestment, but it is none the less an investment, and the threatened emergencies which influence its character are of infrequent occurrence and usually of brief duration. The rate of "fair weather" profit, therefore, is an important consideration even in the formation of a secondary reserve. The profits, however, should not be viewed with a near-sighted vision. It is as true of secondary reserve invest- ments as of other investments of bank funds, that the successful banker is the man with foresight the banker "with a telescope in his head" who often passes by opportunities for good immediate profits in order to seize opportunities to strengthen and broaden his clientele for future business. 175. COMMERCIAL PAPER IN EUROPE. For many years the chief secondary reserve in the banks of Europe has been commercial paper, princi- pally the commercial acceptance, in which the seller LOANS AND INVESTMENTS 201 of merchandise draws a bill of exchange on the buyer at, say, sixty or ninety days' sight, the buyer of the merchandise accepting the bill, and later pay- ing it at maturity out of the proceeds of the sale of the merchandise. The seller of the merchandise ordi- narily discounts this paper at his bank. Such com- mercial bills bearing the names of large and reliable business houses become ideal secondary reserves in the portfolios of banks. They bear at least two names, i. e., that of the drawer and that of the drawee, and often in addition the name of one or more endorsers. They normally carry on their face, or on documents attached, evidence of a com- mercial transaction which is closed; the drawee, i. e., the buyer of the goods, having accepted them and obligated himself to pay for them a definite sum of money at a specified date. These bills are ordin- arily drawn for current merchandising transactions and bear evidence that they are not for capital investments. They are self liquidating in that the sale of the goods by the drawee provides the funds with which to pay the bill, and in that the goods are ordinarily turned over rapidly. In view of the fact that it is the drawers of the bills (i. e., the sellers of the merchandise) who discount them at the bank, not the drawees (i. e., the buyers of the merchandise and the ones who are to pay the bills), and of the further fact that the bills often pass through several hands in the open market before their maturity, these bills usually are paid promptly. 202 LOANS AND INVESTMENTS High grade paper of this kind is always acceptable for rediscount at the great central banks of Europe, and the proceeds of the rediscounting operation, when left on deposit or taken in the form of bank notes, serve as primary reserves. The great central banks feel a public moral responsibility to rediscount at their official discount rates such paper in practi- cally unlimited quantities when the public interest seems to demand it. The fact that this paper is re- discountable at the central bank makes it also sal- able in the open market, with the result that good grade commercial bills in many parts of Europe are in time of peace almost as dependable in emergencies as is cash in vault. A bank with a reasonable amount of such bills in its portfolio has an ideal secondary reserve. 176. SITUATION IN FRANCE. Upon this subject a brief reference to the testimony given to members of the National Monetary Commission by bankers in France will be useful. Officers of the Credit Lyonnais, one of the leading banks of France, testified as follows : Question "Does the Bank of France rediscount bills for the other banks in France?" Answer "The Bank of France rediscounts all bills when the person presenting the bill is admitted to discount and when the bills have the necessary three signatures, have less than three months to run, and are payable in cities where the bank has a branch. It is not legally obliged to discount all LOANS AND INVESTMENTS 203 bills presented, but, as a matter of fact, nobody has ever complained of its way of proceeding." Question "You regard that item of bills dis- counted as your practical reserve because of your ability to rediscount the bills at the Bank of France? Answer "Yes; bills discounted and cash are, for an establishment such as ours, the most essen- tial part of our liquid assets." The founder of the Credit Lyonnais declared that if the Bank of France did not exist he would close the Credit Lyonnais in times of crisis. Ac- cording to the estimate of the Governor of the Bank of France, about 70 per cent, of the paper held by the bank bore the signature of some bank as one of the endorsers. 177. SITUATION IN OTHER EUROPEAN COUNTRIES. A similar situation exists in Germany and most other continental European countries as regards the dependence of the com- mercial banks upon the central bank for obtaining emergency funds by rediscounting commercial paper. In England the situation is somewhat different in that the joint-stock banks rarely re- discount at the Bank of England. However, these banks loan funds extensively to discount and brok- erage houses, and, when pressure comes for funds, they call these loans, with the result that the dis- count and brokerage houses resort to the Bank of England for funds. Indirectly, therefore, the result 204 LOANS AND INVESTMENTS is much the same as on the continent. Reserve money in England is "cash on hand and in the Bank of England," and the statements of most banks do not differentiate the two items. The Bank of England always stands ready to rediscount prime commercial paper and transmute it into reserves. In Europe generally, therefore, prime commercial paper is the chief dependence for a secondary re- serve, and it meets in a high degree the three re- quirements of a good secondary reserve, viz., "emergency marketability," safety, and good in- come yield. 178. SITUATION IN THE UNITED STATES. The situation in the United States is very different, although recent developments under the Federal Reserve System are slowly changing the American situation in the direction of that of Europe. In the United States, commercial paper, which consists chiefly of one name promissory notes, has not until recently been very satisfactory as a secondary reserve. The absence of any central bank in this country for a couple of generations prior to 1914, denied to American banks the privilege of a practically unlimited market for the rediscount of this commercial paper, a privilege which has so long been enjoyed by European banks. Further- more, the provisions of our National Banking Law denying to National banks the privilege of estab- lishing branches, and provisions in the banking laws of many of our States either prohibiting en* LOANS AND INVESTMENTS 205 tirely the establishment of branches by State banks, or imposing heavy restrictions upon their establish- ment, has prevented the growth in this country of many large banks. Our bond-secured bank note system has been another inhibiting influence. America is unique among the advanced countries of the world in its great number of small and inde- pendent banks, the chief business of most of which is limited to a small community. There accord- ingly developed no large commercial banks which could be depended upon to provide a wide market for the discount of commercial paper. The Na- tional Bank Act as interpreted by the courts pre- vented National banks from accepting time bills drawn upon them, and bank acceptances were not permitted under the banking laws of most of the States. Accordingly, prior to the inauguration of the Federal Reserve System, the bank acceptance, which is such a highly marketable type of paper in Europe, was almost unknown in this country. Aside from the paper of a few large business houses, which in recent years has been widely marketed throughout the country by note brokers, American commercial paper was essentially local paper. 179. LACK OF COMMERCIAL PAPER MARKET. Nothing that could be called prop- erly a commercial paper market existed in the United States. A petty amount of rediscounting, it is true, was done for country banks by a few 206 LOANS AND INVESTMENTS large banks; also a considerable amount of direct loaning to small banks on their customers' paper as collateral. But there was no broad and depend- able market in which banks could always secure funds on their unmatured commercial paper in times of emergency. Furthermore, one name promissory notes, unlike the commercial accept- ances so common in Europe, are not self liquidat- ing paper. The notes are usually discounted at the payer's own bank, i. e., the bank where the purchaser of the goods keeps his account; not, as so commonly in Europe, at the payee's bank, i. e., the bank in which the seller of the goods keeps his account. They are accordingly often renewed and the borrowers are naturally averse to having their notes pass out of the hands of their friendly local bank, and into the hands of strangers. American business men in the past have strenuously objected to having their paper "hawked about from bank to bank," and the practice of rediscounting with another bank, when known, was looked upon as a sign of weakness. For these and other reasons American commercial paper was essentially non- liquid paper. It could not be realized upon until maturity, and often not then. It lacked the most fundamental requirement of a secondary reserve "emergency marketability" American bankers were accordingly compelled to turn to bonds for their secondary reserves. 180. BONDS AS SECONDARY RESERVES. LOANS AND INVESTMENTS 207 Although State banks in a number of States are permitted to invest in stocks, the National Banking Law as interpreted by the courts does not permit National Banks to own stocks, except to protect themselves from loss in the case of loans previously made. The authority to invest in bonds is enjoyed throughout the country by State banks, and although not expressly granted by the National Banking Act, has been held by the courts to be implied in the power to carry on busi- ness by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt. As a matter of fact, National banks have invested in bonds other than United States Govern- ment bonds from the beginning of the National banking system in 1863. There has been an in- crease in the National banks' investment holdings of such securities since the inauguration of the Federal Reserve System. This increase, prob- ably of little permanent significance, because of the confused conditions of business during the early part of the war period, and because the release of hundreds of millions of reserve money through the reduction in the legal reserve require- ments of National banks, and the offering of lib- eral facilities for rediscount through the opening of the Federal Reserve banks, released large amounts of bank funds at a time when the bond market was particularly favorable because of the offering at attractive rates of big blocks of Ameri- 208 LOANS AND INVESTMENTS can securities by the people of belligerent Europe. According to the latest figures available the security holdings of loan and trust companies are slightly larger than those of National banks, while those of State banks are about one-third as large as those of National banks. 181. SECONDARY RESERVES UNDER THE FEDERAL RESERVE SYSTEM. What- ever may have been the utility of bonds in the past as secondary reserves for commercial banks, a new situation has been created by the Federal Reserve System. The twelve Federal Reserve banks provide liberal facilities for rediscount throughout the coun- try, A broad interpretation of those provisions of the Federal Reserve Act which describe the kinds of paper that can be rediscounted, has been made by the Federal Reserve Board. The Board has also made a liberal interpretation of the open market provisions of the act, bank acceptances and trade acceptances are being given preferential discount rates by the Federal Reserve banks, and their use is being slowly extended. An open discount market is developing. American commercial paper is losing its rigidity as a bank asset, and also its provincial- ism; it is becoming liquid and national. The Fed- eral Reserve authorities, leading bankers, mer- chants, and economists are doing much to level up the character of our commercial paper. Banks with a good grade of such paper in their portfolios can now, for the first time in our history, be absolutely LOANS AND INVESTMENTS 209 certain of their ability to turn such paper into cash either by sale in the open market or by rediscount with a Federal Reserve bank. These privileges, to- gether with the provision of the Federal Reserve Act that after three years from the opening of the Federal Reserve banks, only cash in vault and on deposit with the Federal Reserve bank can be counted by a member bank as legal reserve, appear destined to induce commercial banks to place an increasing part of their demand deposits in com- mercial paper. 182. BUSINESS CYCLES. In addition to seasonal variations, business is affected by longer periods of alternating depression and activity. Such alternations follow one another at irregular intervals, and have become known as "business cycles." Nobody can predict exactly the length of any period of activity or the length of any period of depression. Such periods in the past have been of varying duration, and have been characterized by similar phenomena, as follows: (1) Beginning with a period of depression, there is a gradual recovery, and business reaches a stage of what may be called normal activity. From the normal stage business may develop into a condition of abnormal activity, culminat- ing in a crisis. The crisis itself may be accompanied by a panic or not, but invariably a period of depression follows any crisis. Banks are not mainly responsible for these changes, for banking operations rather reflect than create business conditions ; but the banking business is deeply con- cerned with alternations between depression and activity. 210 LOANS AND INVESTMENTS When business is inactive the trend of commodity prices is downward, and profits are small, if there are any profits at all. The demand for capital is relatively small, including the demand for bank loans. Banks at such times commonly find that they could lend a good deal more than solvent borrowers want. At such a period there is a good deal of business house cleaning. Weak concerns are weeded out, and those that stand the strain are forced to put into use every device that will lessen the cost of production. A per- iod of depression, therefore, may be regarded from many points of view as creating the conditions necessary for more prosperous times. (2) What brings about a revival in business activity? It is a little difficult to say, but usually it would seem to be something which stimulates particular branches of business. It may, for example, be the active demand in foreign coun- tries for American agricultural products. If such a demand comes, and there happen to be good harvests in this country, obviously at least one class in the community gets a large and satisfactory return for its endeavors. The demand for other commodities from the agricultural sections of the country would in such circumstances unquestionably in- crease. Improved conditions in agriculture would have an effect which would be felt to a greater or lesser extent throughout the whole range of industry. This demand would be greater in some branches than it would be in others.. It might be particularly great for agricultural implements. This increased demand for agricultural implements would in turn create an increased demand for iron and steel products ; and, again, the increased prosperity in agricultural sections of the country would presumably extend to the railroads and increase their demand for products. The increased demand thus spread to these other lines of business would in turn from them react back once more over the entire industrial field, and thus by a process of induction, so to speak, each LOANS AND INVESTMENTS 211 kind of business would act and react upon all kinds of busi- (niess in a favorable way. People would in such circum- stances begin to feel a bit more optimistic about the future. Wholesalers, jobbers and retailers would begin to stock up more largely with all kinds of commodities in which they deal. Financial conditions would be favorable to the advance, because in a period of financial depression the demand for capital is relatively small, including the demand for short- time loans. All conditions, then, are favorable to the expan- sion of business in case a profitable demand arises for addi- tional products of industry. A period of recovery has then been reached. (3) With the advent of business activity an increased number of people are willing to invest additional capital for an expected future demand. A willingness manifests itself to extend railroads, to enlarge factories or build new fac- tories, to construct additional office buildings, etc., and for the time being no difficulty is encountered in securing capital for such enterprises. This construction work necessarily creates an increased demand for the production of industries which supply material for construction purposes, notably the iron and steel industry. Prices now begin to advance and perhaps advance rather rapidly. This further increases business activity for the time being, for when prices advance profits immediately increase, and for a very natural, simple reason. Wages and salaries do not move up very rapidly, not nearly so rapidly as prices of most commodities may move. Naturally, therefore, the advantages from advance in prices goes to those persons who own the current prod- ucts of industry. The persons who own the current products of industry are the active business men and the sharehold- ers in corporations. Increased profits naturally stimulate further enterprises, further construction and further invest- ments designed to supply additional commodities of all sorts. Now the demand for capital may begin to outstrip 212 LOANS AND INVESTMENTS current savings. Rates, not only for short-time loans but for capital which is to be invested for long periods, begin to advance, but the business man is perfectly ready to pay these higher rates, because his profits, owing to higher prices, are unusually large. (4) This is the situation of affairs during a period of activity which becomes a period of normal business activity. When prices are moving upward profits are large, and errors of judgment are particularly likely to be made in the invest- ment of additional capital. The assumption is made that profits will remain at their existing high level or perhaps reach a still higher point. Less care is exercised in such circumstances in making investments, and the willingness to pay fancy prices for the capital which is secured is marked. Moreover, after a time, wages do begin to advance, and even salaries may move up a little, though they are the last to be affected. The upward movement of wages may be more rapid after a while than the further upward move- ment of prices, although on the whole that does not seem to be the case. From the study of price statistics and wage statistics it does not appear that in the year or two of abnor- mal activity preceding a crisis wages in general have been moving up more rapidly than prices. The serious cause for trouble in the labor situation is to be found elsewhere. The increased activity of business necessarily means full employ- ment for everybody and competition for workmen and a larger amount of overtime. The results are higher costs of production. Men are taken on rapidly, and the average efficiency of the men is lowered, partly because men are naturally not so efficient when they know they can with perfect ease get another equally good and perhaps better position, partly because of inadequate training, since busi- ness is so active that there is not time to train the newer men taken on, and partly because of overstrain. Men can work overtime for a short period without affecting their effi- LOANS AND INVESTMENTS 213 ciency, but a good deal of overtime is bound to lessen the average output per hour of the workman. All of these elements tend to increase the labor cost of production toward the close of active business, and all of these are fac- tors quite independent of the amount of wages paid. (5) In a period of very active business, also, there is less time to devise and put into operation further arrangements for lessening cost. The thing which seems important is to get out product and get it out as rapidly as possible. Just because profits have been large, business men are prepared to take more risks. They are prepared to extend their opera- tions unduly on the capital which they themselves have invested in their business. They trust that everything will come out all right, even though they allow a good many bills payable to accumulate ; and even though they are grant- ing more and more credit to their customers. Balance sheets show an increased amount of receivables, and an increased amount is borrowed on short time. When the supply of capital available for long-time investment becomes a scarc- ity, when it becomes difficult to float issues of bonds, or to secure money through additional preferred or common stock, a business which is expanding its operations is likely to attempt to do so on the basis of an increased amount of short-time credit. Now a concern which has borrowed a large amount on short time is in a very vulnerable position. If anything happens which delays collections very much, or if anything happens to banks which makes them desire to contract loans, such an overextended business gets into diffi- culties. Moreover, if anything happens which tends to check the upward movement of prices, which causes profits to de- cline, it will have a serious effect upon such a business, for after all one of the considerations taken into account in granting short time credit is the high earning power of the borrowing concern. If it is evident that the earning power is lessened, banks may be inclined to curtail loans. 214 LOANS AND INVESTMENTS (6) All the conditions, therefore, tend to become unfav- orable in a period of general business activity. The situation becomes one in which comparatively slight disturbing influences may cause a collapse. It is, however, impossible to predict just when a collapse will come. Sometimes the business situation changes slowly from one of business activity to one of depression, without any striking or dra- matic circumstances. That is, however, not the rule. As a rule, a crisis marks the transition between business activity and business depression. At the end of a period of very active business, an exceptionally large number of concerns are in a position where anything which lowers their earning power, or which delays the payment to them for what they have sold, will put them into difficulties. These difficulties may be only temporary, if the earning power is good, but whether they are temporary or permanent the immediate effect is pretty much the same it weakens the banks, it destroys confidence in the immediate future of business, and brings home to people generally that it is highly probable that over all the field of industry there are presumably many weak and overextended concerns. When people begin to feel this way about the situation, they naturally cancel all plans for future investment which they can by any means cancel. Plans for construction work of all sorts are given up, and the demand for the various materials which go into construction work falls off. Prices drop, and with the fall of prices profits drop, and many concerns which were based upon the assumption that profits would continue at the rate at which they were when those enterprises were started go to the wall. Then is seen the beginning of a period of depres- sion once more, which after a time will be used for another business house cleaning. Crises may degenerate into panics or they may not, and it does not depend so much upon the severity of the crisis as it does upon the character of the banking system. When a crisis comes on, people engaged in LOANS AND INVESTMENTS 215 business attempt to strengthen themselves against a storm. They do it in two ways by deferring payments to others and by seeking to get paid by others and seeking to borrow from banks. The demand for accommodation from the banks is invariably increased when a crisis comes along. The proceeds of such loans are commonly not used, but are wanted as a sort of insurance or backlog. (7) Under such circumstances, the contraction of loans by banks not only makes the general business situation for the moment more unsatisfactory, but it also lessens public confidence in the banks and leads people to withdraw money from the banks, thus still further strengthening the tendency of the banks to force contraction. In our various crises this course has been followed until panic conditions have been created, and until the banks have realized that it was impos- sible to insist upon further contraction because it would involve general ruin. The banks have then, when forced by panic conditions, continued loans and have also sometimes suspended cash payments. In other countries, and it is hoped in this country under the Federal Reserve System, the contraction of loans in crises is not insisted upon simply for the purpose of strengthening the banks. It is hoped that there will be sufficient cash and credit available so that loans will not be contracted at such times, but that a sufficient increase in loans will be made to meet the needs of the busi- ness community. If we get such conditions crises will not in the future in this country degenerate into panics. CHAPTER VI International Exchange 183. FOREIGN EXCHANGE. Foreign ex- change is the business which is concerned with the buying and selling in one country of rights to money in other countries, available either immedi- ately or in the future, for the purpose of settling debts incurred in the broad transactions of inter- national commerce. The business seems commonly to be regarded as a very mysterious subject, one beset with innumerable complications. The gen- eral principles of the subject are, however, by no means abstruse. The conduct of a foreign ex- change department requires special training and a certain natural ability; but any intelligent per- son can readily obtain an understanding of the subject, and such an understanding is of much value to those engaged in other branches of banking. 184. DOMESTIC EXCHANGE. Much for- eign exchange business is closely akin to certain kinds of domestic business carried on by all banks, such as making payments and collections between different parts of the country. In this particular domestic exchanges are closely analogous to for- eign exchanges. Domestic exchange rates rise and fall within limits which are set by the plentif ulness or scarcity of drawable funds in financial centers 216 LOANS AND INVESTMENTS 217 or by the cost of shipping currency between any two places. The quotations are usually expressed in a premium or discount on a purchase or sale of $1,000. If it costs, for example, 50 cents to ship $1,000 between two places, the rate of exchange may be up to 50 cents above or below par, depend- ing upon the effect of supply and demand upon the funds utilized. 185. DEMAND RATES OF EXCHANGE. Foreign exchange demand rates fluctuate in es- sentially the same way. They move above and below par to the gold export or gold import point, and these export and import points are determined by the cost of shipping, not currency, but gold. Quotations are, however, expressed in a different manner, because of the differences in the monetary units of different countries. It would be incon- venient to express foreign exchange rates in the terms used for domestic exchange, although it would be possible. 186. MINT PAR OF EXCHANGE. The basis of exchange between two systems of coinage is known as the mint par of exchange, and is de- scribed as the rate at which the standard coin of one country is convertible into the standard coin of another in accordance with mint laws. This basis of exchange can only be effective between countries having the same standard of value. As an example, the English sovereign is by law made to weigh 123.27447 grains troy or 7.98805 grammes 218 LOANS AND INVESTMENTS of gold eleven-twelfths fine. The United States ten dollar gold piece, the golden eagle, is by law made to weigh 258 grains of gold, nine-tenths fine. To find the mint par between the two coins, the following method is used: Question How many dollars equal one pound? If the weight of one pound equals 123.274 grains standard gold If standard gold of 12 grains equals 11 grains of fine gold If fine gold of 232.2 grains equals 10 dollars 1 X 123.274 X 11 X 10 = $4.8665 1 X 12 X 232. 2 Mint par is One pound equals 4.8665 dollars. 187. STERLING EXCHANGE. If it costs, for example, in normal times, $2.50 to ship $1,000 in gold to England, then $2.50 sets the limit to the possible fluctuation in sight exchange. The par of exchange between the United States and England is $4.8665 and the exchange rates fluctu- ate above and below this figure by the cost of ship- ping gold to England. Such cost is usually at 5 per mille, or .024 cents. This added to the mint par of exchange is dollars 4.89, which we may assume to be the limit beyond which the American debtor will not go in buying exchange on London for gold will then be shipped to settle debts. This limit is known as a gold or specie point. 188. FRENCH EXCHANGE. In the case of LOANS AND INVESTMENTS 219 France the quotation is expressed in a different manner. Instead of being expressed in United States money it is expressed in francs in the number of francs which the gold in the dollar will make. The gold in a dollar will make five francs eighteen and one-eighth centimes (francs 5.18J4). Exchange on Paris therefore fluctuates above and below this point by the cost of shipping gold to Paris. 189. GERMAN EXCHANGE. Exchange on Berlin, like that on London, is expressed in United States money, but instead of using the mark, four marks are made the basis of the quotation. The gold in four marks coined into dollars makes ninety- five and three-sixteenths cents (cents 95 3/16). Consequently German exchange may rise above and fall below this point by the amount that it costs to send gold to Berlin. Changes in Paris and Berlin rates are usually quoted in fractions, 1/8, 1/16, and 1/32, while sterling exchange is quoted to four points of decimals. 190. SIGNIFICANCE OF CHANGES IN EXCHANGE QUOTATIONS. When exchange is expressed in United States currency, a rising quotation indicates an approach towards the export point. It also indicates a demand for remittances which is in excess of the supply. When, however, quotations are expressed in the currency of a for- eign country, the opposite is true. A fall in the quotations then indicates an approach to the export 220 LOANS AND INVESTMENTS point. For example, a payment of one thousand pounds is to be made in London. If exchange is near the export point more will be paid than if it is near the import point, for at the export point the gold value of the sovereign plus the cost of shipping will be paid. If the rate were $4.88, more would be paid to send one thousand pounds to London than if the rate were $4.86. But suppose it is desired to pay one thousand francs in Paris. Clearly more will be paid if only 5 francs 16 cen- times are obtainable for a dollar than if 5 francs 18 centimes for a dollar were obtainable. 191. EXPORT AND IMPORT POINTS. The expenses incurred in shipping gold determine the export and import points, or gold or specie points as they are known. The obvious expenses are freight, insurance, commission and the cost of packing the gold. All these elements of expense are somewhat variable. Freight charges may not be uniform, and it makes a difference as to the kind of gold available for shipment. The most inexpensive form for the purpose is gold in bars. Bars can be packed more handily, are of full weight, and there is less loss from abrasion than in the case of shipments of coin. Gold bars are secured from the United States Treasury at a constant charge of 4 cents per $100. In the past it has not always been possible to get an adequate supply of bars, but in the future this difficulty will probably not present itself, because the Government has LOANS AND INVESTMENTS 221 been empowered to hold gold in the form of bars against gold certificates. Formerly all the gold thus held was coined. The export point will at times in the future be a little lower than in the past, because of this possibility of securing gold bars. 192. VARIABLE PRICES OF GOLD. The great European central banks have a sliding scale of rates for gold, buying bars and foreign coin at coinage value as a maximum price and at that price less the loss of interest during the period required for coinage as a minimum price. In sell- ing gold they impose rates which offset in varying degree the advantage of shipping bars or foreign coin rather than more or less worn domestic coin. By these means the importation of gold is at times stimulated, or its exportation obstructed, but the influence is slight and temporary. In the long run they have no appreciable influence upon the dis- tribution of the precious metal throughout the world. 193. TIME FACTOR IN GOLD SHIP- MENTS. A very important element of expense in gold shipments is time. If a fast express steamer is sailing the import point is nearer par than during a week when only the slower boats are available. This is a factor, however, only influencing imports. When $1,000,000 of gold is exported sight exchange can at once be sold to an equivalent amount. The exporter has his money at once. Suppose, how- 222 LOANS AND INVESTMENTS ever, it is a case of imported gold. The importer loses the interest the money would have earned in London while the gold is in transit, consequently the gold import point is somewhat further away from par than the gold export point. If we assume, for example, that at a given moment the gold ex- port point to London is about iy 2 cents above par, then we would probably find that the gold import point was something like 2 cents below par, the dif- ference being increased or diminished as foreign interest rates rose or fell. It should also be noted that foreign central banks frequently allow immedi- ate credit for gold while in transit. This, of course, brings the export point still nearer the par of exchange. There has been a slow but steady re- duction in the possible range of demand exchange fluctuation. Twenty or thirty years ago the export point to London was above $4.89. It is now normally in the neighbourhood of $4.88. The im- port point was then in the vicinity of $4.83. It is now normally above $4.84. But from what has been said it will be seen that the exact point at which it is possible to export or import gold at a profit is subject to much variation even within short periods of time. 194. CABLE TRANSFERS. The cable trans- fer rate is always above the demand rate. It gives the purchaser the amount of his purchase immedi- ately, whereas in the case of demand exchange the proceeds will not be placed to his credit until the LOANS AND INVESTMENTS 223 steamer arrives on the other side six to ten days later. The seller of cable transfers loses interest on the amount of his sales at once, since his bal- ances in the foreign banks, which uniformly draw interest are at once reduced. The interest rate on these balances is not, however, constant. There is a varying spread between the cable transfer rate and the demand rate. If, for instance, a foreign exchange dealer is getting iy 2 % upon his balance in London at one time, and at another time is get- ting 2%, he will naturally charge more for a cable transfer in the second case than he would in the first. There are also special causes for fluctua- ton in cable transfers. It sometimes happens that many persons defer making necessary remittances in expectation that rates will go down at the last moment. They must meet their engagements on the other side, and the demand at such times for cable transfers may cause the rate to move ab- normally far from the demand rate. 195. RATES ON TIME BILLS. A glance at a newspaper will show that in addition to cable trans- fer and demand rates there are a variety of other rates generally quoted bankers' bills and various kinds of commercial bills drawn for varying periods of time. Rates for these bills are always lower than demand rates. If it was found that the de- mand rate on London was $4.86 it might also be found that the rate on bankers' 60-day bills was $4.83, and it might be found that the rate on a 224 LOANS AND INVESTMENTS certain class of commercial bills was $4.82*4 and on another kind $4.82. The quotations on time bills are less than those for demand exchange by the amount of the varying costs of discounting them in the foreign country on which they are drawn, and by the stable costs of commissions and stamp taxes. If the rate of discount on a 60-day banker's bill is 3% in London, then the quotation for a bill of similar kind in New York will be the sight rate of exchange less the discount and other charges on the bill in London. Should the discount rate in London advance on that particular kind of bill, then the quotation will move somewhat farther away from the sight rate. The reason for the different prices or quotations for the various kinds of time bills is that there is a scale of discount rates in the London market dependent upon the character of the bill. The lowest rate prevails on bills drawn for acceptance on a London bank or acceptance house. There are usually various other rates increasing up to the "bank rate," which is the rate of discount of the Bank of England. 196. CLASSIFICATION OF TIME BILLS. Bills without clocuments, known as clean bills, are usually marketed by drawers of well known and established credit. Most foreign trade gives rise to documentary bills of exchange. The seller draws a bill of exchange upon the purchaser, or upon the bank of the purchaser, attaching to the bill various documents, the most important being LOANS AND INVESTMENTS 225 the bill of lading, without which it is impossible to secure possession of the goods. Documentary bills are of two kinds, documentary for payment and documentary acceptance bills. In documentary payment bills the purchaser of the goods can not get possession of them until he has paid the bill of exchange. These payment bills, again, may be classified as those drawn against sales of perish- able goods and such other goods as the purchaser is fairly certain to want immediately upon arrival, and those drawn in connection with goods which the purchaser may not want until the bill matures. If the purchaser desires the goods immediately and makes payment, he is allowed a rebate, which, in the case of English bills, is 1% below the cur- rent Bank of England rate. Therefore the maxi- mum price of such bills is the sight rate of exchange, less the rebate and the ordinary commission and stamp tax. If the goods are of a kind which are not likely to be wanted by the purchaser until maturity of the bill of exchange, then the dealer" purchasing the bill may be obliged to hold it until maturity. If he does not care to finance the trans- action during the life of the bill it cannot be dis- counted, because the purchaser of the goods may at any time exercise his right of taking up the bill. The exchange dealer may, however, use such bills as collateral, drawing his own bill upon his foreign correspondent. 197. DOCUMENTARY ACCEPTANCE 226 LOANS AND INVESTMENTS BILLS. Documentary acceptance bills are of two kinds those which are drawn for acceptance on a merchant, and those which are similarly drawn on a bank or acceptance house. Naturally the latter command the better rate, because the acceptors are universally known. Documentary acceptance bills on merchants are regularly discounted at a slightly higher rate in London, and consequently the price of such a bill in this country will be slightly lower than documentary bills on London. For this reason, to an increasing extent the bank acceptance is displacing the commercial bill in foreign trade throughout the world. The importer, for example, secures an acceptance credit for some definite amount with a well known bank in his own or some other country. He then instructs his agent, or those from whom he purchases goods, to draw bills accompanied by shipping documents upon the accepting bank. Similarly the exporter may draw bills on banks in his own or in some other country with which his customers have established ac- ceptance credits. 198. ARBITRAGE. Arbitrage is the utiliza- tion of all the principal financial centers of the world for the purpose of purchasing in the cheapest markets exchange to cover the obligations of definite transactions. A New York banker sells a 60-day bill on London. To meet this bill at maturity he may cause Dutch, French or Russian bills on London to be remitted to that city for his LOANS AND INVESTMENTS 227 account, always using in largest volume those bills which are procured most cheaply. Such transac- tions maintain the equilibrium of the world's prin- cipal exchanges. The dealer in arbitrage is very similar to the stock broker who specializes in cer- tain stocks and uses all the bourses of the world to make his deliveries as cheaply as possible to the advantage of his profit account. Arbitrage re- quires specialization and is a distinctive field. 199. FINANCE BILLS. The finance bill is an instrument of foreign exchange connected in largest measure with speculative transactions. It is a bill drawn by a banker on a correspondent banker. A stock exchange firm is desirous of mak- ing a loan to complete a speculative transaction in which it is engaged. Under the ordinary method of procedure it places with its banker acceptable collateral, with a margin of 20%, and gives a note for the amount desired. v The banker negotiating the loan, in order to make the amount of the loan again available for his use, draws a 60 or 90-day bill upon his foreign correspondent, usually one in London, which he sells in the New York market. When this bill arrives in London it is accepted by the banker upon whom it is drawn and funds are provided at maturity for its cancellation. Often- times another bill of similar kind is drawn to pro- vide for the payment of the one maturing. A free use of this instrument would cause American ex- change on London to cheapen. 228 LOANS AND INVESTMENTS 200. REVOLVING CREDIT. Most credits opened for the purpose of enabling exporters to obtain payment for goods when ready for shipment can be made into revolving credits. There are three forms of revolving credit: (a) The exporter is accorded the privilege of drawing drafts in an amount outstanding at any one time of $10,000, for example, which drafts are drawn as the goods are ready for shipment. When the full amount of the established credit is exhausted no drafts can then be drawn until any or all of the outstanding drafts are paid, at which time the amount of the paid drafts again becomes available to be drawn against, provided, always, that the amount of the credit as originally established is not exceeded; (b) A credit, for example, is established for $10,000. It is to be drawn against in one draft. When the draft so drawn has been paid the full amount of the credit is again available; (c) A credit, for ex- ample, is established for $10,000. It is to be drawn against in one amount. When such a draft has been drawn, the full amount is again available to be drawn against. This is practically a credit for an unlimited amount. 201. TRAVELERS' LETTERS OF CREDIT. Travelers' letters of credit are widely used and very generally known. They are at once a letter of introduction, and also a request from one banker to other bankers in business relationship with him to accord courtesies to and to pay to the holders LOANS AND INVESTMENTS 229 thereof a sum of money in amount not to exceed the amount provided for in the letter. The issuing banker obligates to hold himself liable for drafts drawn under the terms of the letter, and for this he usually charges a commission on the amount of the letter of credit. If the letter is to be used throughout the world an authenticated book con- taining a list of correspondents who will cash drafts thereunder is given the holder of the letter of credit. A letter so issued is termed a circular letter of credit. When a letter is available in cer- tain centers only, the issuance of such letter is especially advised to the banker upon whom it is made available and signatures of the holder are forwarded at the same time. 202. EUROPEAN FINANCING OF AMERI- CAN FOREIGN TRADE. The United States, like other rapidly developing countries, has not in the past financed any appreciable amount of its foreign trade, either of exports or of imports. De- mands for capital within the country have been so great that rates for loans have regularly been above those in European money centres, and especially in ( London. London, and to the same extent other European money markets, have, therefore, financed not only the trade between Europe and the rest of the world, but also trade between non-European countries. 203. FINANCING OF IMPORTS. Let us take, for example, the case of an importation of 230 LOANS AND INVESTMENTS wool to the United States from Australia. The most common way of arranging payment has been through the commercial letter of credit on a Lon- don bank. Let us suppose that a Boston wool house is about to purchase a cargo of wool. It will secure through some foreign exchange banker in this country an acceptance credit with some Lon- don bank. Under the terms of this credit, the agent in Australia of the Boston wool house will be empowered to draw documentary acceptance bills up to a certain amount on the London bank. Upon the purchase of the wool a bill on the Lon- don bank is drawn, and with shipping documents attached it is sold to some Australian bank. Thus the funds are provided with which to pay for the wool. The Australian bank sends the bill with documents to its London correspondent, and at the same time ordinarily will sell an equivalent amount of sight exchange against the credit which it will secure in London through the discount of the docu- mentary bill. No one in Australia has any further connection with this transaction. The correspond- ent of the Australian bank in London takes the bill with its documents to the London bank on which it is drawn for acceptance. Having been accepted by the London bank, which takes the shipping documents, the bill is discounted in the open market by the London agent of the Australian bank. This provides funds to meet the sight exchange which the Australian bank had sold. The London bank LOANS AND INVESTMENTS 231 which accepted the bill then sends the documents to this country to the foreign exchange banker through whom the arrangement was made or per- haps to a shipping broker. The wool house can not get possession of the wool until it can get the bill, and the exchange banker need not give up this document until he is provided with funds sufficient to purchase the sight exchange on London neces- sary to meet the payment of the bill accepted by the London bank. Thus everyone is secured at each stage in the transaction, in so far as the bill itself may be regarded as security. 204. FINANCING OF EXPORTS. Here let us take the case of a shipment of goods from United States to South America. The financing is handled in a number of different ways, but one of them will serve for illustrative purposes. A commission house exporting goods to South America will commonly be paid in 90-day drafts on some London bank, drawn by the South Ameri- can purchaser of the goods. If the commission house waits until these bills mature, it will be a long time out of its money the time that the goods are in transit to South America, the time that is required in sending the bill of exchange to London, and 90 days thereafter. Something like six months will elapse before the maturity of the bill. But the commission house in New York wants its money at once. It may itself, therefore, draw a 90-day bill upon a London^ bank and get the cash 232 LOANS AND INVESTMENTS by selling this bill in the New York market. This 90-day bill will be sent to London and discountedi in the London market. Thus it will be seen that London really finances the shipment of goods from New York to South America. When the 90-day bill falls due the New York house must provide payment, since the South American bill is not yet due. This it can manage by discounting the South American bill in the London market. Finally, when this bill matures, means of payment will have been provided by the South American purchaser of the goods. Thus during the period of six months London has financed the transaction; first, by dis- counting the bill of the New York commission house, and then by discounting the bill drawn by the South American purchaser. 205. FOREIGN EXCHANGE DEPART- MENTS. A considerable number of banks throughout the country have established foreign exchange departments in recent years. They have entered into the necessary arrangements with foreign banks, establishing balances with them, and are thus able to provide their customers directly with cable transfers, sight drafts, and also letters of credit, both travellers' and commercial. A for- eign exchange department of this kind does not require any considerable amount of capital. It can be conducted on a small margin. Indeed, so far as the ordinary bank is concerned, it is quite feasible for the foreign exchange department to clean up LOANS AND INVESTMENTS 233 every day. It will purchase time bills of exchange drawn against merchandise shipments, which it can secure either from New York or direct at the rate at which these bills on receipt will be discounted in London or elsewhere. It therefore incurs no risk from fluctuations in foreign rates of discount fluctuations which the American banker would hardly be in position to forecast. Having pur- chased time bills at a rate which is less than the demand rate of exchange by the amount of the discount on arrival, stamp tax and commission, the bills may be at once sent on for discount, andi at the same time the foreign exchange department may sell an equivalent amount of demand ex- change. Of course, if the foreign exchange man- ager cares to take a risk, he need not sell demand exchange equivalent to his purchases of time bills; but if he has not very much capital to work with, and wishes to avoid practically all risk from fluctua- tions in exchange rates, it is ordinarily possible to do so. 206. HOW THE DEMAND RATE OF EX- CHANGE IS DETERMINED. The many banks scattered all over the country which have foreign exchange departments do not directly have any- thing to do with the determination of the sight rate of exchange. That rate is determined by the operations of a comparatively small number of dealers in exchange in New York City. Some of them are private banking firms, and others are the 234 LOANS AND INVESTMENTS managers of foreign exchange departments of banks and trust companies. These institutions and firms necessarily incur a certain amount of risk in connection with foreign exchange dealings. They buy and sell a more or less indefinitely large amount of sight exchange. If it is believed by one of them, taking into consideration all of the various inferences, that rates are going down, he will be likely to offer a good sized block of sight exchange, and if another takes the opposite view he will be prepared to buy. Dealings between the large for- eign exchange houses are reflected in constant vari- ations in the demand rate of exchange. Sometimes the exchange market is quiet, but at times it is in a feverish condition. Those who are engaged in the foreign exchange business in New York must takeiaccount of every influence which may increase or diminish the amount of foreign exchange ma- terial. What may be called the foreign exchange material consists in the first place of all sorts of time bills drawn against or resulting from exports and imports of merchandise. All of the com- mercial bills drawn against cotton shipments, grain, petroleum shipments, etc., build up balances on the other side against which exchange may be sold. Interest payments, shipping charges, tourist expenses, dealings in securities, issues of American securities marketed abroad or resold to this country, all provide foreign exchange material. 207. INTERNATIONAL BORROWING. LOANS AND INVESTMENTS 235 In addition to all these exchange creating factors, there are temporary loans made by one foreign market in another foreign market. These may be made in a variety of different ways. The foreign exchange house in New York enjoying good credit may for example draw bills upon a London cor- respondent payable in three months. These bills, on acceptance by the London correspondent, may be readily discounted, thus giving the American exchange house a balance to the amount of the bills, and enabling it to sell an equivalent amount of sight exchange in New York. This is what ordinarily happens in the case of foreign borrow- ing. No actual money commonly moves between the two markets. Similarly, borrowing may be arranged by an exchange dealer for one of his clients who may deposit collateral as security. Sometimes the initiative may be taken by a for- eign banker who desires to lend in this market. Profit on these foreign loans is largely determined by the course of the sight exchange rate. Suppose, for example, that the sight rate of exchange is $4.86, and that a long bill is drawn and sold at $4.82, a difference reflecting the discount rate on London. When the long bill matures, the borrower must purchase sight exchange with which to take it up. If the sight exchange rate is then still at $4.86 he will have paid only four cents on each pound for the use of the money during the period. But in the event that the sight rate has gone up to $4.87 his 236 LOANS AND INVESTMENTS loan is more costly, as he will be paying five cents for each pound. These foreign short time loans do not ordinarily occasion movements of money into the borrowing country, but they frequently check gold exports. They are seldom made except when the rate of exchange is high toward the export point. Let us suppose that the rate in New York for three months' collateral loans is 5%, and that the discount rate in London is 3%. It may then be advantageous to borrow in London if the sight rate is at least as high as $4.87. It can not go much above $4.88, and it may be at a much lower point three months hence, when it becomes necessary to purchase demand exchange. If the rate does go down, it reduces the cost of the loan to the bor- rower. If, however, he should enter upon this transaction when the sight exchange rate was $4.85, he would incur the risk of a possible advance to $4.88, making the loan an extremely costly affair. 208. LOANS BY FOREIGN BANKS. The foreign lender may be willing to take the risk of fluctuations in the sight exchange rate. If so he lends in currency. Suppose, for example, that the quotation on banker's time bills is $4.83, and that some one in New York wishes to borrow $500,000. The bill is drawn for say 100,000 on London by the New York agent of the London bank, acting on instructions. The bill is sold for $4.83, and the proceeds are turned over to the borrower in New York; that is, he gets $483,000. When the bill ma- LOANS AND INVESTMENTS 237 tures, the borrower must return $483,000, plus what- ever rate of interest has been agreed upon, let us say 5%. The borrower is not affected by fluctua- tions in sight exchange. But now the foreign lender may desire to get back his money in London. He instructs his correspondent to buy sight exchange on London. If the demand rate has gone down, then the London bank gains from having assumed the risk. If the sight rate is down to $4.85, for in- stance, it can buy sight drafts on London for 100,000 for $485,000. It gets the benefit of the higher return. If the sight rate were $4.87, it would be obliged to pay $487,000 in order to get its money back in London. When the foreign banker is inclined to think that the rate on sight exchange is going down, he will be willing to lend in currency in this market; if his opinion is the other way, then the risk will have to be assumed by the borrower. He will receive the proceeds of the bill just as in the other case, but at the maturity of the bill he; must provide the means for its liquidation in Lon- don, paying for the exchange at current rates. 209. RELATION OF INTEREST RATES TO EXCHANGE RATES. It will thus be seen that interest rates have an important influence upon fluctuations in exchange rates over short periods of time. Whenever there is a large balance of pay- ments against a country, temporary borrowing can not prevent exchange rates in the long run from moving to the export point. But within limits it is 238 LOANS AND INVESTMENTS possible to postpone gold movements if interest rates go to a much higher level than those prevail- ing in the foreign countries to which heavy pay-* ments are due. In such circumstances, so long as the credit of the debtor market remains good in foreign countries, very considerable temporary loans may be made, thus providing sight exchange. But if a large number of three month bills are drawn now, at the end of the three months' period it is necessary to make payments or secure renewals and renewals can not be continued indefinitely. 210. UTILITY OF BANKERS' TIME BILLS. Within moderate limits, borrowing by means of bankers' time bills serves a useful purpose, tending to steady the sight rate of exchange. In the absence of these bills a comparatively slight excess in the demand for or supply of exchange would cause rates to move violently between the export and the import points. When drawn for the purpose of steadying the exchanges they are some- times spoken of as anticipatory bills. Bankers' bills, for example, are regularly drawn by New York in the early summer months, because it is known that in the autumn a great quantity of com- mercial exchange will come into the market in con- nection with exports of cotton and grain. Antici- patory bills are in no sense different from other bankers' bills. It is simply that within limits and at certain times they really are anticipatory. The term finance bills is sometimes used in a derogatory LOANS AND INVESTMENTS 239 sense, as if commercial bills were the only perfectly reputable variety of bills of exchange. Bankers' bills are, however, essential for the smooth working of the exchanges. Both commercial bills and bank- ers' are serviceable in various transactions. 211. BORROWING AND LENDING EX- CHANGE MARKETS. From the foregoing dis- cussion it may have been inferred that there are two more or less distinct groups of foreign ex- change markets borrowing markets and lending markets. The borrowing markets are numerous, while the lending markets are few, with a strong tendency for a single market to acquire nearly the entire business. In many ways it is advantageous to have one city in the world which serves as a centre for payments between all parts of the world. London became the central money market of the world, reaping all the advantages of that position, because it has been able to absorb whatever amount of foreign bills might be sent thither for discount. This is an essential condition for the normal work- ing of the exchanges under a system of settlements largely concentrated in a single market. The mar- ket on which bills of exchange are drawn, as we have seen, must be prepared to discount them. In order to avoid the risk of loss from fluctuations in exchange, bankers purchasing time bills drawn on another country, must be able to discount them at once in that market, so that they may be able to sell demand exchange against the proceeds. 240 LOANS AND INVESTMENTS 212. ARRIVAL RATES. Exchange bankers in New York and in all other exchange markets each day, and oftener if rates change, receive spot and forward delivery quotations from London cor- respondents. Spot quotations, as the name implies, are discount rates on bills already in London. For- ward delivery quotations are the rates at which London bankers and discount houses agree to take bills arriving in the next mail from the market to which they are quoted. These arrival rates enable exchange bankers in New York and elsewhere to purchase time bills without running any risk from changes in London discount rates while the bills are in transit. When downward tendencies in Lon- don discount rates seem probable, the banker may not take advantage of the arrival rate; just as in the belief that exchange rates are to advance he may decide to hold the bills to maturity. In fact the ad- vantages and uses of forward delivery quotations are in every way analagous to those arising from discounting bills which have already been delivered. In one case the arrangement eliminates risk during the transit period, in the other during the entire life of the bill after it reaches the country on which it is drawn. 213. POSITION OF LONDON. It is evident therefore that if time bills of exchange are to be handled with a minimum of risk it must always be possible to discount them in the country on which they are drawn. This has always been possible in LOANS AND INVESTMENTS 241 London, and at rates which have averaged some- what below those prevailing in other money mar- kets. For this reason and because it facilitates set- tlements and makes possible a broad exchange mar- ket on all countries, foreign bills of exchange throughout the world for many years preceding the European War had been principally drawn on London. Persistent efforts to give bills on other money centres, notably Berlin, the standing of the sterling bill, have not succeeded. In addition to its readiness to absorb the indefinitely large volume of foreign bills, London also has exercised most effec- tively another essential function that of accepting bills for banks and traders in all parts of the world. Until recently the acceptance business in London was conducted almost entirely by private banking firms known as accepting houses; but of late years the joint stock banks have entered this field. The value of the London acceptance was due not so much to the financial strength of the acceptors as to the knowledge of the financial standing of banks and traders throughout the world which they had acquired, and the skill and restraint which they had manifested in the conduct of this important branch of the banking business. 214. EUROPEAN WAR AND THE EX- CHANGES. These various interdependent for- eign exchange functions have been developed dur- ing a long period in which peace had become the normal condition of the world. It is, therefore, no 242 LOANS AND INVESTMENTS more than was to have been expected that with the approach of the European war the entire mechan- ism of foreign exchanges should be so seriously dislocated as to come almost to a standstill. Onj Saturday, July 25th, 1914, foreign exchange opera- tions were still being conducted in normal fashion throughout the world. Demand exchange in New York was quoted at $4.8830. Gold exports in con- siderable quantities seemed imminent, but nothing more serious seems to have been expected. Over Sunday the outbreak of a general European War, which had been commonly regarded as a vague pos- sibility, became alarmingly probable. On Monday demand exchange opened at $4.92 and the foreign exchange market was completely disorganized. This condition was in no way peculiar to New York. Foreign exchange dealings between all of the money markets of the world were in a similar ab- normal state. In no other business was the effect of the approach of the war felt so immediately, generally and severely. The complicated and deli- cately balanced mechanism of foreign exchanges, developed during long years of peaceful intercourse, collapsed like a house of cards. 215. THE WAR AND THE LONDON AC- CEPTANCE. Two operations essential for the working of the foreign exchanges had been instantly interrupted, and, indeed, practically discontinued the business of accepting and that of discounting foreign bills of exchange in London. When Lon- LOANS AND INVESTMENTS 243 don ceased to perform these two functions, the mechanism of the foreign exchanges throughout the world inevitably and at once became completely disorganized. Acceptors on London were under heavy obligations on bills of exchange drawn by banks and merchants throughout the world, who in turn were under obligation to remit funds to them before the maturity of the bills. Among these bills accepted in the ordinary course of business were a large number, amounting in the aggregate doubtless to many millions of pounds, for banks and merchants in the countries which were rapidly drift- ing toward war. Remittances could not be expected from parties in hostile countries until after the res- toration of peace. It was also certain that remit- tances would be delayed in many instances in the case of bills accepted for clients in allied and also in neutral countries, owing to the disturbances oc- casioned by the outbreak of the war. In these cir- cumstances acceptors in London were in no position to make new acceptances, and the value of the ac- ceptance itself was impaired. It should further be noted that exchange banks in New York and in all other markets were under heavy contingent liabili- ties on account of endorsements of bills drawn on London acceptors. In the event of the failure of London accepting houses, these bankers would have to supply funds to take up the bills, and in the dis- turbed conditions prevailing might incur serious loss through the failure of drawers, to whom of 244 LOANS AND INVESTMENTS course they would have recourse. Uncertainty re- garding the value of the London acceptance com- pletely transformed the character of the business of buying commercial bills of exchange. A busi- ness which normally is highly secure and even rou- tine in character was in a moment changed to one surrounded with uncertainties of a most unfamiliar and incalculable nature. At the same time shipping hazards, and uncertainty as to market conditions in foreign countries, were taking away much of the value of the security which the bill of lading ordi- narily gives in the case of bills drawn against ex- ports. Both exporters and those who might pur- chase their bills would therefore be embarking upon venturesome transactions, utterly lacking the highly developed safeguards which normally pro- tect international dealings, both in commodities and in bills of exchange. 216. THE WAR AND THE LONDON DIS- COUNT MARKET. The consequences of the un- certain position in which London acceptors were placed by the approach of the war do not seem to have been at once fully realized even in foreign ex- change circles. They were perhaps overshadowed by the presence of another disorganizing influence, the full force of which was immediate and obvious. From Monday, July 27, to the middle of August, the business of discounting foreign bills in London was almost entirely suspended. With the approach of the war it might well have been presumed that LOANS AND INVESTMENTS 245 London would decline to quote forward delivery rates before the discounting of bills already in Lon- don was discontinued. As it happened, both spot and forward delivery quotations were discontinued at the same time, on Monday, July 27, striking evi- dence of the great change for the worse which af- fairs had taken over Sunday. 217. THE WAR AND THE NEW YORK EXCHANGE MARKET. This discontinuance of discount quotations by London was the most im- portant single factor in the exchange market in New York and elsewhere throughout the world on Monday, July 27. It involved a complete transfor- mation, not only of the business of buying commer- cial bills, but also of conditions in the demand ex- change market as well. On Saturday the exchange banker purchasing commercial bills could arrange discount terms at once in London and sell demand exchange against the proceeds. On Monday the purchase of such bills involved the investment of capital until the date of maturity in a far from satis- factory security, owing to the position of London acceptors. On Saturday every commercial bill of- fered in the market provided the means for an im- mediate sale of demand exchange. On Monday the immediate supply of demand exchange could no longer be enlarged to the slightest extent by this means. The principal source of an immediate sup- ply of a demand exchange was entirely cut off. Demand exchange could still be sold against for- 246 LOANS AND INVESTMENTS eign balances, but these were not large. The ex- portation of gold was a further source of supply of demand exchange, but could not go on indefinitely without endangering the foundation of the domes- tic credit structure. In these circumstances, al- though exchange transactions were not entirely suspended, there was a complete cessation of cer- tain exchange operations, in the absence of which there can be no broad exchange market. Each dealer made every effort to provide the exchange urgently needed by regular customers, but trans- actions between dealers were almost altogether dis- continued. In normal times, by offering to buy exchange at higher prices, a dealer can secure what- ever amount he may require. At such times changes in rates serve to adjust supply and demand in the exchange market. Beginning with Monday, July 27, rates merely reflected the urgent and even fran- tic efforts of particular purchasers to secure ex- change. Rates fluctuated widely, but as each trans- action stood by itself they had no general market significance. 218. THE WAR AND THE LONDON SIGHT RATE. Through the assistance of the British Government, London was able to resume, toward the end of August, 1914, both the accepting and discounting of bills. But a few months later a new cause of difficulty presented itself. Sterling exchange, which throughout the world had ruled far above par for some time after the outbreak of LOANS AND INVESTMENTS 247 the war, gradually began to decline, at first slowly, then more rapidly, until it was far below the gold export point from London. By August, 1915, ster- ling exchange in New York had dropped to $4.50, and fluctuated widely over short periods of time. In other words, the base rate from which rates on all time bills are calculated no longer fluctuated within narrow and definite limits between the ex- port and import points. It consequently became an unsatisfactory medium in which to enter into con- tracts for payment at a future date. This unsatis- factory position of the sterling rate was due to the enormous importations of supplies to Great Britain on account of the war. Toward the end of 1915 ar- rangements were finally made for financing these purchases largely through the negotiation of loans in the United States; and thereafter the sterling rate was pegged at about $4.76. The establish- ment of a stationary base in this artificial manner could not, however, give that confidence in sterling which it enjoyed when subject only to slight changes due to normal trade and credit influences. 219. DEVELOPMENT OF DOLLAR EX- CHANGE. The European war, it will thus be seen, created conditions favorable to the develop- ment of the business of drawing bills of exchange on other markets than London, and in particular on New York, the most important financial centre in neutral countries. Fortunately the power to accept bills of exchange, had been granted to the national 248 LOANS AND INVESTMENTS banks by the Federal Reserve Act of 1913, and also to State banks and trust companies in a number of the States, Moreover, after the disturbance occasioned by the outbreak of the war had been overcome, dis- count rates in New York fell to a level distinctly below that in London. Under these favorable cir- cumstances American bankers entered the foreign exchange field as acceptors and lenders. Commer- cial letters of credit providing for the acceptance of bills payable in dollars have proved satisfactory both to American and foreign traders. As a factor in creating the existing demand for Dollar Credits, the establishment of American branch banks abroad cannot be emphasized too strongly. Through these branch banks, a new and adequate medium for the liquidation of transactions as between the United States and certain foreign countries has been placed at the disposal of American merchants. A direct channel is now open to the ebb and flow of credit transfer between the United States and the coun- tries mentioned, and, as a natural sequence, the former disparity existing against the Dollar, as compared with Pound Sterling and the principal Continental exchanges, has disappeared. The re- sulting equalization in the rates of exchange benefits the American merchant to the extent of relieving him of the charges formerly paid to the indirect channels of liquidation, or, in other words, to the foreign banker. The Dollar Credit is of capital importance to every American merchant LOANS AND INVESTMENTS 249 who is interested either directly or indirectly in the importation of commodities of any character. A study of the advantages accruing from this form of credit will demonstrate the desirability of its general employment as the vehicle for financing not only our own imports but also those of other countries. Primarily, it is more economical than the Sterling or Continental Credit, for the initial commission cost of issuance is lower. Secondly, it is based on a known quantity, the Dollar, a fac- tor of supreme importance in these days of extreme and violent fluctuations in the exchange rates, and therefore all exchange risk is eliminated from the operation as far as the importer is concerned. Maturities drawn under Dollar Credits are due and payable in Dollars on a given date, and no question arises as to what the exchange rate on London may be 90 days after acceptance of the bill. 220. FOREIGN EXCHANGE AFTER THE WAR. It is advantageous, both to importers and exporters, to have bills drawn on a single central world market, rather than on cities in each of the countries with which they are trading. There has been a broad market everywhere for sterling bills, because not only trade with England but with all countries has been handled by means of bills drawn on London. If a prolonged period of peace is to be anticipated at the close of the present war, the supremacy of London foreign exchange market will probably continue. On the other hand if national 250 LOANS AND INVESTMENTS enmities are to be continued and strife is merely transferred from the battle field to the market place, the convenience of a central money market will pre- sumably not be sufficient to warrant the risk in the event of further outbreaks. Moreover, if interna- tional trade is to be developed by national organiza- tions, primarily for national objects, rather than for individual profit, it will be necessary for each im- portant country to organize the financial machinery needed for handling its own trade. 221. NATIONAL FOREIGN TRADE POL- ICY. Foreign trade is to be an ever increasingly important factor in the future development of America. The banker's interest in this develop- ment is vital not only to himself, but to the citizen- ship of his country. The close relationship of banking and foreign trade and national welfare is clearly set forth by F. A. Vanderlip, President of the National City Bank of New York, in the follow- ing words: (1) "There is a disposition sometimes to compare do- mestic trade with our foreign business and to say that, after all, foreign trade is a small matter, and we have field enough at home. I want to try to show the dangerous narrowness of that view by drawing some illustrations from the bank- ing situation. A bank's reserve is the cash which the banker has in his vault. That, in the main, must be gold, and is, in fact, all gold, or its representative, the gold certificate, ex- cept a moderate amount of United States notes and silver. The foundation of all banking credit is the gold reserve. The structure of banking credit must stand on that founda- LOANS AND INVESTMENTS 251 tion, and its size is directly governed by the amount of re- serve the banks hold. (2) "I could visually illustrate the relation, which you all already understand, if I had a flat disc of gold and some sand. I could pile sand on that flat disc of gold to a perfectly definite amount, governed by two factors, the size of the disc and the angle at which the sand would lie undisturbed. Suppose we let that angle be the measure of our legal re- serve requirement. In the passage of the Federal Reserve Act that angle was increased when we lowered the ratio of reserve that banks must hold. We are now able to base a taller structure of banking credit upon a given gold basis, and to do so safely, than we were before the Federal Re- serve banks were created. (3) "Now, the tendency in every bank management is to loan money so long as sound borrowers can be found and the bank has in its vault idle funds above its legal reserve requirements. That is to say, on our gold disc will be piled all the grains of sand, letting them represent loans, that can be placed there. If our gold disc is enlarged, the amount of sand we can pile on it is increased eight or ten times as much as the amount of fresh gold added to the gold base, for the structure of bank credit normally bears a relation, taking the country as a whole, of eight or ten times the size of the gold reserve. Now, conversely, if through any banking operation the gold reserve is reduced the same thing will happen to the structure of bank credit as must happen to my pile of sand if I decrease the diameter of my gold disc. Credits must be reduced approximately ten times the amount that the gold base is reduced. It was a recognition of this principle and an appreciation of the havoc which it plays when reserves are rudely disturbed which led to de- vising the Federal Reserve Law and the mobilization of all reserves, so that we cannot again have just the sort of dis- turbance, and even panics, that used to follow the normal 252 LOANS AND INVESTMENTS seasonal shipment of reserve money out of the financial centers for crop moving operations. We have safeguarded that danger, but we have not altered the principle, and if the country faces a situation where, through any other process, the gold reserve may at one time be greatly aug- mented and the credit structure built full-sized upon it, and then through the operation of trade balances, if gold is drawn out from under that credit structure, the credits must be reduced in corresponding ratio as surely as the pile of sand upon the gold disc would decrease if we began to clip from the edge of the disc the foundation upon which the sand stood. (4) "So much for 'the illustration! Now, what is it that we have seen happen since the outbreak of the war in our domestic banking situation? There have been two factors that worked toward an increased credit structure. The Federal Reserve Law, reducing reserve requirements, went into effect, that is to say, the angle at which the sand lay on the gold disc was increased, and we have had an enormous influx of gold ; in other words the gold disc was greatly en- larged. The result was easy to foresee. Bankers always loan an idle surplus if they can, and it is not surprising then, if we turn to statistics, to see that the loans and discounts of National banks alone have gone up more than a billion dollars and for all the banks the total would not fall far short of two billion dollars. Our heap of sand on the gold disc is about one-sixth larger than it was when the war broke out. (5) "What is going to happen to that gold disc when the war is over? What defense have we for our gold re- serve? What program of preparedness are we working out to meet the international attack that is threatened to be made upon the gold foundation of our credit system? Do you recognize why that question is of vital interest to every citizen, to every man with a bank account? The interior LOANS AND INVESTMENTS 253 farmer, merchant or manufacturer, wholly local in his inter- ests, may think he has but the remotest interest in foreign trade; he is, however, interested in bank reserves, and the course of foreign trade as it reacts on those reserves will affect his business future to an extent that may some day amaze him. (6) "So long as the war goes on the world will be so tipped askew, in all probability, that the gold holdings of other countries will continue to fall into our lap As the gold falls it will be added to our reserves. As those reserves grow, so will grow our credit structure based upon them. When the war is ended, we will find all Europe depleted of its gold, staggering under a weight of inflated bank and government paper, and under the direst stress to rebuild its stock of gold. The point of attack will be our gold re- serves. The methods will be every means known to trade and commerce by which merchandise, securities and credits can be exchanged for gold. The laws of political economy will be on the side of the attack. A plethora of gold, such as we will have always means rising prices. We will establish a price basis here which will make us a good market to sell in and a bad market to buy in. We are now advancing our labor costs, and that and every other element that enters into production will, under the influence of this giyat in- crease in our gold reserves, tend toward high market values. (7) "If we find ourselves, when conditions start again toward the normal, to be the market where prices are the highest, where the cost of production is the greatest, and where the interest rate is the lowest, the road will be open for attack upon our gold reserves. If that attack is suc- cessful, then the whole credit structure that will have been reared upon it must be rudely reduced, for the reduction in credits must be manyfold greater than the loss of gold. What defense can we put up? How can we safeguard ourselves? We have recognized the principle and safeguarded ourselves 254 LOANS AND INVESTMENTS in a domestic way by the enaction of the Federal Reserve Law, but there can be no safeguarding by law from an inter- national attack upon our gold stock. Other means must be found than any that could be provided by legislation. Nor, do the means lie in the hands of the bankers. They may rec- ognize the danger, and, instead of loaning to the limit per- mitted by law, run with strong reserves; but any surplus that we could expect the bankers to hold would suffice for but a short time if the drain were severe. We may invest in short term foreign loans that can be converted into credits to check a gold demand. We have already done some of that and will probably do a good deal more. There have been bankers so short-sighted as to object to our making any loans abroad, but I believe the day will come when you will find that those loans, convertible into credits, as they will be, will form a check to gold withdrawals, and be one of the most important safeguards of our gold stock. But efforts in the way of defense, such as excessive reserves or short term foreign investments, must be as nothing when com- pared to what is possible in the form of credits created by exports of produce and merchandise. There is the strength of our defense. Its effective measure will be the size of our exports compared to our imports. The size of that favorable balance must form the true defense of our gold stock. That is why every citizen, whether he knows it or not, is inter- ested in the subject of National trade policy." CHAPTER VII Bonds and Circulating Notes 222. BANK NOTES AND DEPOSITS. There has been a general failure in popular discus- sion of banking to recognize the identity of the note and the deposit so far as they relate to the bank itself. There may be a difference of opinion about the comparative effects of notes and deposits upon the level of prices and the general business of the community, but none about their relationship to the bank. If the borrower presents himself at a bank for accommodation, has his security accepted, and his loan granted, there is no theoretical differ- ence so far as the bank is concerned whether it credits him with $1,000 on its books and allows him to draw it out at pleasure, or to transfer it to others, or whether it hands him a package of one thousand one dollar demand notes, which he may present at sight for payment, or which he may hand to one thousand other persons, who may pre- sent them if they choose. Whether the bank has credited the borrower with $1,000, or has given him one thousand one dollar demand notes (or "bank notes"), it is in exactly the same position so far as the outside world is concerned that is to say, it has accepted the borrower's note for $1,000 and in return has given him a sight claim for $1,000 upon itself, the consideration being a rate of interest 255 256 LOANS AND INVESTMENTS of specified amount. The bank note must, there- fore, be looked upon from the standpoint of bank- ing just as is the bank deposit as a sight liability. 223. RELATION OF NOTES TO CUR- RENCY. The note, when once issued, differs from the deposit in its practical effect upon the bank only in respect to the time it remains in cir- culation. It is plain that $1,000 in notes paid out by a bank over its counter may be almost immedi- ately placed on deposit with it, in which case all that has happened has been that the bank has ex- changed one form of liability for another form. But such an issue of notes may remain in the hands of individuals for a great while. If there is absolute confidence on the part of such individuals that the bank is solvent and able to pay its obligations, and if there is a shortage of currency in the community so that the bank notes fill a convenient place, the life of the notes may be very long. In case of the deposit, the existence of the credit upon which that deposit is based may be equally long. Thus, if a single bank does the business of a given community, and grants a credit of $1,000 to a borrower, who secures a renewal of his credit from time to time, it is possible that this credit may be indefinitely continued, while the claim on the bank may be passed from hand to hand in the form of checks. As a matter of fact, a check does not pass many times before it is presented for redemption, while the practice of commercial banks is not to grant too LOANS AND INVESTMENTS 257 frequent or too long renewals of credits. This means that any given draft upon a deposit is not likely to remain long in existence, while the credit which brought it into existence is itself likely to be terminated at a comparatively early day. 224. BANK NOTES AND CHECKS. The same thing is true of the loan on the strength of which bank notes are issued, but the bank note itself* may pass from hand to hand a great many more times than would a check for an equal amount. In other words, the circulation activity of the bank note is likely to be much greater than that of the deposit of equal face value. This means that the bank note has a somewhat different status as cur- rency from that which is occupied by the deposit subject to check. How far the currency activity of the note affects prices in a way different from the influence exerted by the deposit need not be discussed at this point, it being a problem of money rather than of banking. The fact remains that the bank note performs a "currency function" which has generally been considered more important than that of the deposit. If a given volume of bank notes is, on the average, maintained in circulation in any given country, such volume evidently dis- places an equal amount of some other form or forms of currency or coin. This may be a desirable feature of the bank note system, inasmuch as it substitutes a credit instrument of comparatively low cost for a costly circulating medium like gold. 258 LOANS AND INVESTMENTS 225. PROTECTION OF NOTES. Because of this "currency function," it has been felt by legislators in most countries that the issue of bank notes ought to be controlled with great care, and as a result numerous methods for restricting note issues have been attempted. This protection may take, and does in practice take, several different forms. One of the most familiar forms is the limiting of the total amount of bank notes to be issued by a given institution. A second mode of protecting the note-holder is that of setting aside a special security for the protection of notes. Thus banks may be directed to invest in a given kind of bonds a sum equal to the amount of the notes they issue. This type of control is seen in the National banking system. Coupled with this (as seen in the National banking system) may be a provision that the notes shall be a first lien upon the assets of the bank which issues them. A third method of protecting a note issue may be the flat guarantee of the government which has chartered the issuing bank that in the event of the failure of such bank it will assume a responsibility for its notes. A fourth mode of protection may be found in regulations designed to control the classes of security which shall be held by banks behind their notes. Thus banks may be directed not to issue more notes than are protected by given classes of commercial security. This has the effect of limit- ing note issues beyond a certain point to those LOANS AND INVESTMENTS 259 classes of loans in which the specified kind of security can be obtained. A fifth mode of protec- tion is seen in the establishment of peculiar facilities for redemption of notes and for assuring their prompt return to the bank which put them out. 226. WHY NOTES ARE ISSUED. The issue of bank notes is taken as so much a matter of course that the reason for their issue is not usually considered in much detail. In fundamental analysis, of course, the notes come out for exactly the same reasons which govern the creation of deposits someone secures a loan from the bank, and the credit corresponding thereto is granted in the form of a note issue. But this does not explain the selection of the note as compared with the deposit. There must be some reason determining whether a note will be handed to a borrower or whether a credit of like amount will be written in a pass book. This is usually a question of business convenience merely, and as such is to be settled by the borrower (always supposing that the bank is able to issue the note if it chooses, under the exist- ing law). The borrower may prefer notes because of their greater acceptability to the person or per- sons to whom they are to be paid. 227. THEORY OF NOTE ISSUE. From what has been said it is clear that the theory of note issues in their relation to the bank is identical with that of deposits and their relation to the bank. There is in fact no distinction to be drawn in this 260 LOANS AND INVESTMENTS respect between the note and the deposit. The putting out of an issue of notes will be considered by the bank under exactly the same terms and con- ditions as those which have controlled it in regard to the creation or grant of a line of credit based on deposits. The classes of security accepted by the bank when it is asked to make an issue of notes are the same as those which it will accept when granting a loan in the form of a credit on its books. The protection of the bank against loss depends entirely upon the security which it receives, and the standing of the borrower who gets the loan. There is no special profit in the issue of notes that does not inhere in the creation of deposits. 228. SECURITY FOR BANK NOTES. The question whether note issues should be given any ultimate security different from that possessed by the other liabilities of the bank has been consid- erably discussed and opinions vary widely with reference to it. Probably the best opinion of the day is that no such special security is desirable, but that the safety of the note-holder is to be pro- vided for by means of prompt and active redemp- tion and by confining the issue of notes to banks whose capital is large enough and whose methods are sound enough to assure the note-holder and the government that there will be a high degree of responsibility on the part of the institution. This idea is carried a step further when provision is made (as in the Canadian banking system) for LOANS AND INVESTMENTS 261 making the banks jointly liable for the notes of all insolvent banks. In the case of the Canadian banks, the result is accomplished by compelling banks which desire to issue notes to put up a jointly contributed fund called a "guaranty fund" on which the notes of any insolvent bank may, under certain circumstances, be made to draw. The result of such a provision is to make banks exercise an over- sight over one another's issues and to create a probably higher degree of watchfulness than would exist were the banks severally, but not jointly, liable for the outstanding notes. 229. BONDS AND BANK NOTES. Such a system, however, is entirely different from one in which a bank is compelled, before issuing any notes, to lay aside a part of its assets in a segregated fund for the purpose of protecting the note issue based thereon. This is the system employed under the National Bank Act of the present day and has proved to be unsatisfactory. Every National bank upon being organized was originally required to buy an amount of bonds dependent upon the amount of its capitalization, and to deposit these bonds in trust with the Treasurer of the United States. Upon so doing, the bank was permitted to receive bank notes to an equal amount, and could then dis- pose of these as it pleased, using them in loans to borrowers. Should the bank fail, the notes could be provided for by selling the bonds and thus establishing a fund for their cancellation. The 262 LOANS AND INVESTMENTS Federal Reserve Act repealed the provision re- quiring such purchases of bonds by banks. Inas- much as United States bonds have always been of high standing in the market since the system of note issue referred to was first established, there has never been a time when anyone felt the slight- est question about the ultimate goodness of the National bank note. This very secure character has, however, been obtained at considerable cost, since the use of United States bonds has rendered it very difficult to get the notes into circulation when they were wanted and conversely has made it hard to retire them when they were not wanted. 230. STATUS OF AMERICAN NOTE CUR- RENCY. It has been a principal cause of com- plaint of the existing currency situation in the United States for many years past that our medium contained no element corresponding to what is known as the "elastic" bank note issues of other countries. There have been many kinds of cur- rency in circulation, the principal being as follows : (1) United States notes or greenbacks, legal tender in payment of debts. (2) Gold certificates representing actual gold coin held as a trust fund in the Treasury. (3) Silver certificates representing silver coin held as a trust fund against them in Washington. (4) Currency certificates representing United States notes held as a trust fund in Washington or at sub-treasuries to facilitate bank exchange. LOANS AND INVESTMENTS 263 (5) Gold coin, legal tender in payment of debts. (6) Silver dollars, legal tender in payment of debts. (7) Silver subsidiary coin, legal tender in pay- ment of debts up to $5. (8) Minor coins of limited legal tender quality. (9) National bank notes issued by the banks and protected by Government bonds deposited with the Treasury Department. 231. INELASTICITY OF CURRENCY. It is easily seen that of all these classes of currency and money which have been in circulation none could be increased save by the actual bringing of metal to the mint for coin, with the exception of National bank notes. The latter could be enlarged in volume by the deposit of Government bonds and the placing of a 5 per cent, redemption fund with the Treasury Department. Even in the latter case, however, it is clear that the amount of National bank notes which could be issued was limited in the aggregate amount by the total volume of United States bonds in existence, and was still further limited by the fact that many such -bonds were held and used to protect public deposits, while still others were held by investors, and so were not 1 available for circulation purposes. As the National bank currency had increased in amount until it absorbed practically all of the available volume of bonds, it has been apparent at certain times in the past that a great demand for notes could not be 264 LOANS AND INVESTMENTS satisfied by the taking out of bank currency. In order to overcome the "inelasticity" of practically every element in the currency system various plans have been proposed. 232. SUFFICIENCY OF PROTECTION. The experience of other countries and the theory of banking both combined to indicate that there is no sound reason for differentiating between the protection accorded to notes and that accorded to deposits; but that which is sufficient in one case should be sufficient in all others, and that this (as the experience of our nation indicates) should be the best constituent of the assets of the banks namely, sound, short time commercial paper. The difficulty in applying this standard has been two- fold. (1) It has been contended that there was not sufficient sound paper of the kind required in the United States. (2) It has been urged that existing bank notes could not be displaced on account of the injustice to the banks which had bought bonds to deposit as security for the notes, and for other reasons. The problem, therefore, of those who wished to in- troduce a more satisfactory method of issuing new currency has been that of protecting the owners of existing bonds and at the same time of furnishing an adequate basis for new note issues in the shape of undoubtedly sound commercial paper. To attain these objects there have been many complicated LOANS AND INVESTMENTS 265 plans in the past, and an additional element of com- plexity has been added by reason of the attempt usually made to introduce special means of insuring the safety and goodness of the notes. 233. NOTES UNDER THE FEDERAL RE- SERVE ACT. When the Federal Reserve Act was in process of drafting, all these considerations were taken under advisement, and it was thought best to provide for the proper treatment of existing note currency as well as for the issue of new notes. Originally the Federal Reserve Act provided for the refunding of existing bonds that is to say, the exchange of the bonds now outstanding for new bonds to bear three per cent, interest, and the gradual retirement of National bank currency as this refunding proceeded. Provision was also made for the issue of bank notes by the several Reserve banks based upon the deposit of commercial paper of the kind made eligible for rediscount under the terms of the laws; and the general purpose contemplated by the measure was that in the course of twenty years existing National bank notes should be retired, and new Federal Re- serve notes should take their place. 234. CLASSES OF NOTES. While the Act was under consideration in Congress alterations were introduced into it, and the machinery by which the purposes of the Act were to be fulfilled was altered, although it may be broadly said there was no change in the objects ultimately aimed at. Prob- 266 LOANS AND INVESTMENTS ably the most important alteration thus made in the terms of the law was that which designated the new Federal Reserve notes as obligations of the United States, thus making them, in the techni- cal sense at least, a Government currency. Another important innovation was a provision whereby Federal Reserve banks might be required by the Federal Reserve Board to buy National bonds held by member banks at a rate not to exceed $25,000,000 per annum, while they were to be permitted to issue a new kind of currency to be known as Federal Reserve bank notes on the strength of the bonds which they thus acquired. It will be seen that the Act, therefore, provides for two new classes of currency: (1) Federal Reserve notes. (2) Federal Reserve bank notes. The former are protected by commercial paper of the kind rendered eligible for rediscount under the terms of the law; the latter are protected by Na- tional bonds purchased from the member banks of the System, or any other Government bonds having circulation privileges. The ultimate form of the Federal Reserve Act, however, provides for the conversion of two per cent, bonds into three par cent, bonds by Federal Reserve banks; such three per cent, bonds, moreover, to lose their privi- lege of deposit with the Government to protect circulation. 235. PROCESS OF CONVERSION. It will LOANS AND INVESTMENTS 267 thus be seen that, under the terms of the Federal Reserve Act, the natural development would be conversion in a period of years of most of the National bank notes into Federal Reserve bank notes, with accompanying retirement of these notes, through the conversion of the two per cent, bonds protecting them, into three per cent, bonds; while, in the meantime, Federal Reserve notes based on commercial paper would be issued from time to time as demanded, in quantities sufficient to supply the elastic element in currency, and to fill up such gaps in existing National bank notes as might be caused through the retirement of note issues due to the conversion of two per cent, into three per cent, bonds not bearing the circulation privilege. 236. DEMAND FOR NOTES. It is now time to see how this technical proceeding works in practice, and what will be the effect of it upon the average man the country over. Let us first observe with some care exactly what gives rise to a demand for currency and to consequent issues of Federal Reserve notes. When A trades with B to the extent of $100,000 worth of goods he thereby creates a demand for some means of transferring the value of $100,000. This exchange may be made by the actual use of money, or by the drawing of a check. Where the buyer of the goods does not have the means to pay for them he usually applies to his bank for accommodation, and such bank may meet his requirements^ by^giving him a credit on 268 LOANS AND INVESTMENTS its books, technically known as a "deposit," or by issuing to him its own notes or the equivalent there- of. There is no reason why the bank which is thus applied to, if it desires to grant the credit at all, should not give the accommodation in either form that may be desired by the customer. The cus- tomer is likely to be governed entirely by the demand of the people with whom he is dealing as to the form of payment required. In the case of the bill of goods for $100,000 already spoken of, it is probable that a check on the bank would be exactly what he wanted, in which case no question of note issue is raised. But it may also be that the funds are not wanted for a single payment of this kind, but that accommodation is sought for some purpose which necessitates a number of small payments to persons who do not or cannot employ bank checks. In this instance notes would be needed. Or it may happen that a bank discounts some paper for the purpose of obtaining currency with which to supply actual calls for currency made by its customers who are not necessarily borrowers but who want notes to carry in their pockets for the purpose of meeting demands from day to day. 237. NOTES AS NEEDED. What the Fed- eral Reserve Act does is to permit a bank to take the promises of individuals to pay at the end of a designated period, indorse these promises with its own signature, and, by the deposit of them with the Federal Reserve bank, obtain in exchange LOANS AND INVESTMENTS 269 Federal Reserve notes issued to that bank by a Government officer known as a Federal Reserve Agent. The fact that these notes are technically obligations of the Government confuses the situa- tion to some extent, because it makes the transac- tion appear as if it were one which involved the Government in some way. As a matter of fact, it is the member bank's demand which gives the signal for the issue of the notes and determines how many of them shall come out; while it is the demand of the customer of the member bank which influences the action of that bank in applying for them. Ultimately and in broadest terms, then, the provision of the Federal Reserve Act simply allows individuals to make their own obligations based on commercial, industrial or agricultural transactions, and then, by putting these through a local bank, to get note currency corresponding thereto. As long as their credit is good they can get the notes, pro- vided that the Federal Reserve bank is in a position to protect these notes amply with gold. Under the terms of the Federal Reserve Act this protection must amount to at least 40 per cent, of the face of the note issue; and of this 40 per cent, five per cent, is deposited with the Treasury Department for current redemption, the other 35 per cent, being held in the vaults of the Federal Reserve bank which issues the notes. The currency is thus elastic, inasmuch as it can be increased to the extent of two and one-half times the supply of gold available 270 LOANS AND INVESTMENTS 100 per cent, being two and one-half times 40 per cent. while it is safe, inasmuch as the protec- tion is adequate for all ordinary requirements. Nothing limits the amount of notes that can be issued, therefore, except the needs of the business community and the adjustment of the country's gold supply to that of other nations. 238. FEDERAL RESERVE BANK NOTES. The Federal Reserve bank note differs from the Federal Reserve note in that it is based upon Government bonds which are deposited with the Treasury Department to safeguard it, just as is the case with National bank notes. The Federal Reserve bank, under the provisions of the Federal Reserve Act, is. permitted to buy Government bonds as a form of investment if it chooses to do so. In addition to this, Federal Reserve banks in the ag- gregate may be assigned by the Board Govern- ment bonds to an amount not to exceed $25,000,000 per annum, and may be required to purchase them and pay for them at par. Such assignment takes place only in the event that member banks desiring to sell their bonds file application with the Treasury Department for the disposal of these bonds and the retirement of circulation based thereon. If the aggregate of such applications should be more than $25,000,000 per annum, the Federal Reserve Board apportions the purchases among the banks by a method prescribed in the law, which amounts to a distribution according to capital and surplus. In- LOANS AND INVESTMENTS 271 asmuch as the banks which thus seek to exchange their bonds are, of course, unable to get back the notes that were issued on these bonds (the latter being in circulation throughout the country), this provision of the law amounts to permitting the member banks to transfer to the Federal Reserve banks up to the amount of $25,000,000 a year, such Government bonds with the circulation privilege as they may have in their possession pledged to secure National bank notes, the Federal Reserve banks becoming thereupon obligated for all out- standing National bank notes previously issued against them. Of course, the transaction would not occur in precisely this way, as the Federal Reserve bank would pay for the bonds, and the money would go into the Treasury, there to be held against the outstanding bank notes which had been issued on the strength of these bonds. The Federal Reserve bank would then be able to issue its own notes against the bonds so taken over if it saw fit, as it doubtless would; but the result would be the same. 239. TIME OF RETIREMENT. It is easy to see that if this process went on for about thirty years at the rate of $25,000,000 per annum, all of the National bonds would have been taken over by the Federal Reserve banks, the National bank notes based thereon retired, and an equal amount of Federal Reserve notes issued in their place. We should then have this underlying sub-structure of 272 LOANS AND INVESTMENTS Federal Reserve bank notes (or, in the interim, of Federal Reserve bank notes and National bank notes combined) ; while above would be a super- structure of Federal Reserve notes based on re- discounted commercial paper, and varying in amount according to the needs of the country. How great are such needs? They are, of course, only temporary and exceptional, inasmuch as the regu- lar, steady, permanent demands are met by the underlying structure of bond-secured notes. These varying demands are in part the result of so-called "seasonal" calls, for the moving of crops and the like, and in part the result (at special times) of so-called "panic" demands. There is no positive information as to the actual amount of the seasonal demands for crop moving. They vary greatly ; and as long as there is in existence a large underlying body of notes, there will always be more or less shipment of currency from one part of the country to another to meet seasonal calls. 240. PANIC DEMANDS FOR CURRENCY. The extent of the panic demands can be estimated on the basis of experience obtained during the autumn of 1914. At that time calls were made on the Treasury Department under the section of the Federal Reserve Act which extended the operation of the so-called Aldrich-Vreeland Law through local "currency associations," for sums aggregating about $386,000,000. This was the result of an extremely severe currency demand, and under no LOANS AND INVESTMENTS 273 ordinary conditions would again be witnessed. If we estimate the ordinary normal seasonal demands at one-third of this amount, it would probably be an amply high figure. It may be stated, then, that when the Reserve System is in full operation there may be a call for from $125,000,000 to $375,000,000 of Federal Reserve notes, the amount varying ac- cording to conditions. At the end of 1915 there were outstanding about $214,000,000 of Federal Reserve notes, while of this amount all except some $16,700,000 was protected by deposits of gold or lawful money dollar for dollar. There can be no doubt that the quantity of legitimate commercial paper in current existence is ample to sustain even the maximum demand for currency thus indicated, so that it may truly be said that the Federal Reserve System is fully able to supply an elastic currency issued to any reasonable amount that may be called for. The only limitation upon the currency is the demand of the community and the existence of actual live transactions calling for it. 241. POLICY OF NOTE ISSUE. Many who speak of the currency question seem to think that it is desirable for the Federal Reserve banks to force out into circulation, and to keep out, as large a volume of circulating notes as possible, obtaining in exchange therefor the gold of the community. Thus it is often argued that it would be desirable to permit member banks to count Federal Reserve notes as reserves in their own vaults, the effect 274 LOANS AND INVESTMENTS being to make them willing to hold the notes there, and to deposit their cash means with the Federal Reserve bank, which in turn would use these means as a reserve basis protecting other liabilities notes and deposit accounts. Such a view, of course, ignores the theory upon which the Federal Reserve Act is founded the so-called "banking theory," as opposed to the "currency theory." The banking theory implies that notes are put into circulation simply for the purpose of facilitating the exchange of goods, and that when this purpose has been fulfilled they should pass out of existence. Bank notes, according to this view, are not a means of displacing gold and enabling the hoarding of the latter metal, but are a means of providing a sub- stitute for gold for the purpose of making ex- changes, such substitute to continue in use so long as there is an actual demand for it for the transfer of goods, and then to go out of use as soon as this demand has been satisfied. 242. FEDERAL RESERVE NOTES AND BANK RESERVES. It is often pointed out that the Federal Reserve notes, not being legal tender and not being reserve money, can, at the will of the holder (if a bank) be promptly converted into reserve funds by the simple process of depositing them with the Federal Reserve bank which issued them. Therefore, it is argued, the wise course would be that of making the Reserve note legal tender to start with, and of permitting it to be used LOANS AND INVESTMENTS 275 in bank reserves. No such conclusion can, however, fairly be drawn. When the Federal Reserve note is deposited with the Federal Reserve bank which issues it, and is thereby converted into a deposit credit (reserve), the Federal Reserve bank is given a means of tracing and accounting for its liabilities at every step. The bank knows when the deposit credit is cancelled, and how effectively and under what conditions it is transferred. It has entire control of its own liabilities in this regard. The reserve deposits are not legal tender, but they are reserves for the member banks. The member banks must provide a legal tender for their own cus- tomers, but for their own use they have their credits on the books of the Federal Reserve bank. This is a situation totally different in theory from that which would grow out of a plan such as that put forward in the Aldrich or Monetary Commission bill whereby the notes of the reserve institutions were made legal tender, and available in the mem- ber bank reserves. Under those circumstances there would have been nothing whatever to pro- duce elasticity. 243. NOTES BASED UPON BUSINESS TRANSACTIONS. The note issue on its new basis will, however, be highly elastic and con- trollable. There can be no question of its sound- ness and convertibility, and none of its flexibility. It is perhaps the most conspicuous feature of the new banking system, because the one that has been 276 LOANS AND INVESTMENTS most discussed, but it is far from being the most important, in view of the fact that the law, as already stated, accepts the banking theory of note issue rather than the so-called currency theory. "No note issue without a transaction to call for it" is the first principle upon which the Federal Reserve note issue is based. "No commercial transaction that cannot obtain a note issue to facilitate it" is the second principle. Taken together, they imply that the business community need not in the future fear, under any conditions reasonable to expect, a deficiency in the circulation. 244. TAKING OVER GOVERNMENT BONDS. The question exactly how the Federal Reserve banks are to proceed in taking over the bonds, and the policy of the Treasury Department in effecting this great transformation of the cur- rency of the country, is a matter of profound inter- est to the banker, not only from the general stand- point of theory, but also as a matter of affecting the value of his assets. More than seven hundred millions of dollars of Government bonds are now held by the National banks of the country for the purpose of sustaining their outstanding notes. The great bulk of Government bonds now in existence are not of the type which are attractive to the public from the investment standpoint, and it is fair to say, as a general matter, that they could not be sold to private persons, but must be held by banking institutions for the most part. Under the LOANS AND INVESTMENTS 277 Federal Reserve Act there are two methods by which the National banks now holding these bonds may be gradually relieved of them: (1) Purchases by Federal Reserve banks in the "open market" that is to say, purchases from any individual or institution from whom they may choose to buy. (2) Assignments or allotments to the Federal Reserve banks made by action on the part of the Federal Reserve Board, in approving applications for the sale of bonds ttp to $25,000,000 which are filed with the Treasurer of the United States by the banks now owning these bonds. 245. PROBLEMS OF CONVERSION. In connection with the administration of the act, several matters of a serious nature have called for attention. One is the T fact that the act permits Federal Reserve banks to go much further than their allotment of $25,000,000 annually in th'e pur- chase of bonds, so that the question has arisen, how far it would be wise to take over bonds through actual purchase. Another question calling for dis- position has been whether such purchases would constitute a reduction of the amount that might be allotted to them by the Board. The Federal Re- serve Board, in passing upon this question, has taken the view first of all, that actual purchases made by the Reserve banks might be counted as reducing the amount that could be allotted to them as the result of applications for sale made by the 278 LOANS AND INVESTMENTS member banks through the Treasurer of the United States. A matter which has been of great import- ance from the standpoint of the Reserve banks has been whether such bonds as they take over, either through purchase or allotment, could be immedi- ately converted into three per cent, bonds by the Treasury Department, or whether, under the terms of the law, they must be partly converted into one-year notes, and whether the conversion might go on to any amount that the banks chose to demand. The decision reached by the authorities of the Treasury Department has been that it lay within the jurisdiction of the Department to deter- mine the amount of bonds so to be converted, and the proportions in which the conversion should be made into long term bonds and one-year notes. For the first year it was determined to convert only $30,000,000 of the existing bonds and to make this conversion as nearly as possible into equal portions of long term three per cent, bonds and one-year three per cent, notes. The aggregate, as well as the division between bonds and notes, may be varied from year to year at the discretion of the Secretary of the Treasury. 246. CURRENCY AND BANK RESERVES. Paul M. Warburg, in an address at the Conven- tion of the American Bankers Association, held in Kansas City in 1916, said in part: (1) "Monetary and banking reform made its greatest step forward when public opinion recognized that it was not LOANS AND INVESTMENTS 279 essentially a question of note issues but one of reserves. But, though this reserve problem has thus been before us for many years, it is a strange fact that there still exists a) singular confusion in the minds of bankers, writers and; students as to what the word 'reserve' actually means in this connection. There are all kinds of reserves. There are military and naval reserves. We speak of reserves in deal- ing with water supply, with food, raw materials, rolling stock, electric power, and what not. In each case its mean- ing depends upon the requirements of the organization maintaining the reserve. Reserve is, as the name implies, what one holds back. It generally means an extra supply of something kept idle for the purpose of being immediately available to take care of an increased demand in excess of normal requirements. Now, if we wish to get a clear con- ception of the meaning of reserves in connection with the Federal Reserve System, we must understand that it is necessary to recognize central banks as entirely different organizations from commercial banks and trust companies and, consequently, that their respective reserves differ as much as those of an ice factory and a summer hotel the one a producer and the other a consumer of ice. Reserves of central banks and reserves of the general stock banks, are two entirely different things. For the sake of greater simplicity I shall in this address call the National banks, State banks and trust companies, the 'stock banks' and their reserves 'banking reserves/ and I shall term the reserves of the central banks 'gold reserves,' leaving it open at this point whether or not these latter reserves should include silver and greenbacks. The Federal Reserve System is a co-ordination of twelve central banks and the same principle as to reserves, therefore, applies as if we were dealing with one central bank. I shall, therefore, in this address, class the Federal Reserve System with the central banks. (2) "Let us consider first the functions of the stock 280 LOANS AND INVESTMENTS banks in central bank countries. Deposit banking is the art of wisely employing the depositors' stored-up purchasing power. It is based on the principle that there is a sufficient variety of conditions amongst the depositors and borrowers of a bank so as normally to preclude the probability of the depositors withdrawing and using their own money faster than it can be collected from the borrowers to whom tho depositors' purchasing power temporarily has been trans- ferred. The bank's own capital and the uninvested part of its deposits from the insurance, or reserve, fund to act as an equalizer in balancing these scales. It is essentially a question of exchanging credits and, where there is a central banking machinery enabling the stock banks to liquidate a sufficient amount of their assets to make good any deficits that may occur, the whole system is safe and complete. The central banking organization provides the member banks either with balances to be used in the clearing, or, if currency should be required, with notes which will be accepted by their depositors in settlement of the stock bank's obligations. In countries where these notes of the central banks are generally accepted in settlement of debts by business men and banks, the 'banking reserves' of the stock banks may safely consist of the central bank currency or of a balance kept with the central bank convertible into such currency. These form the first line of banking reserves. The second line consists of those assets which, with certainty and promptness, may be converted into credit balances with the central bank. It is simply a question of having a reserve of such credit currency, or of power to produce such credit balances, as will provide an acceptable means of satisfying depositors. Balances with the central bank, and its notes, entitle the stock banks, like any other holder, to payment in legal tender ; and if legal tender is demanded by creditors o the stock banks, the latter must rely upon the central bank to furnish it. The duty to keep its own deposit and LOANS AND INVESTMENTS 281 note obligations sufficiently protected by a proper propor- tion of metallic cover rests with the central bank, and its reserves, therefore, must consist exclusively of the metal in which its obligations are payable. In central bank countries there does not exist any law that requires stock banks to keep in actual specie in their own vaults a certain proportion of their deposits. All the central bank usually requires is that the stock banks and other firms maintain with it free balances commensurate with the scope of their transactions. As a matter of fact, if we study the statements of European stock banks we find one single cash item which includes the combined holding of gold, silver, bank notes and the balance with the central bank. (3) "In the United States our old State banking systems did not provide for any central organization to protect the banks' gold obligations, nor did they furnish the machinery by which, in case of need, banks could convert their com- mercial assets into cash or credit balances. The National Bank Act, therefore, required every National bank to main- tain against its deposits a certain percentage of actual lawful money reserve, which it was considered should constitute its contribution to the general gold protection of the nation ; in addition, credit bank balances in reserve and central reserve cities were to provide a certain liquidity in case of emerg- encies. The vicious shortcomings of this old method are well known to everybody here, and need not be elaborated. The Federal Reserve Act brought about a most radical change. It created a system of twelve central banks which, co-operating with one another, were from then on to exercise two important functions in relation to their member banks ; first, to provide a sufficient gold cover for the country's gold obligations ; and, second, to provide the machinery for turn- ing, whenever desired, the member banks' commercial assets into available credit balances or cash. The first function relieved the member banks of the necessity of keeping in 282 LOANS AND INVESTMENTS their vaults large amounts of gold for the general protection of the country; the second rendered unnecessary the so- called reserve balances with correspondents in reserve and central reserve cities. The safe and effectual transfer of these burdens to the Federal Reserve banks must be predi- cated, however, upon a sufficient mobilization and concen- tration of gold in the hands of the Federal Reserve banks, and, furthermore, upon the existence of a large volume of standardized commercial and banking paper, easily redis- countable without red tape with the Federal Reserve banks. This is where the Federal Reserve Act stopped half-way. It did not say to the member banks, 'Maintain with the Federal Reserve bank a minimum balance sufficient for the general safety of the country and whatever cash you keep in excess of that in your own vaults be that gold or silver or Federal Reserve notes is your own concern. But bear in mind that the larger the gold fund produced by the com- bined contributions from your own vaults, the stronger will be the protection to you and the entire country.' The law continued, instead, the anomaly of requiring member banks to lock up in their vaults hundreds of millions of dollars, thus preventing them by legal enactment from giving addi- tional strength to their own protective system, even if they should want to do so. It further created the anomalous situation that, while a balance with a Federal Reserve bank could be considered as reserve, the Federal Reserve note could not be so counted, despite the fact that it is a prior lien against the assets of the bank and is the obligation of the United States, while the balance is not. This inconsist- ency to a certain extent at least has been cured ; Congress having passed, upon the recommendation of the Board, a most important amendment authorizing the Board to permit member banks to keep any portion of their required vault reserve as balances with their Federal Reserve banks. In passing this amendment Congress has opened the path for LOANS AND INVESTMENTS 283 great strides in advance, and it remains to be seen now how far the bankers of the United States will be able to seize this opportunity of doubling the strength of their Federal Reserve banks. (4) "In dealing with the problem of adequate reserves, we must first and always consider the question of whether or not our Federal Reserve banks are sufficiently strong for the protection of the country or whether they are stronger than necessary. Whenever the latter question can be answered in the affirmative, then only will we be justified in considering the advisability of reducing the member banks' reserve requirements. What is the Federal Reserve System's lending power today ? If we set aside a gold reserve of only forty per cent. which may do in times of stress, but is not a proper and sufficient basis in normal times we find that we have a free gold reserve of about $206,000,000, or if we include the gold now held in cold storage by the Federal Reserve agents, about $380,000,000. This means that by additional rediscount operations, or purchases in the open market, for home requirements or for export, we are able to stand a loss of gold of from two to three hundred million dollars. Two hundred million dollars is a very large amount, but when we realize that the nation's gold holding in one year has increased by about $500,000,000, it is well for us to consider whether or not we shall be able to hold this gold at the end of the war. It is impossible to predict what will then be our economic and financial situation. Perhaps we may find ourselves in an overexpanded or generally unsatis- factory condition, and we may have to face a readjustment in which all our banking strength may be required. On the other hand, things may go well with us, but in the rest of the world there may be a great deal of financial distress. In that case (and it may be the more likely of the two) we shall have almost boundless opportunities, but serious obligations as well. Foreign loans in the old and the new world may 284 LOANS AND INVESTMENTS draw away our capital at interest rates "far in excess of our own. Our exporters will have to meet the keen competition of other nations, and even though at first there will prob- ably be a strong demand for certain of our raw materials, the purchasing power of many a country will be found materially reduced. These are conditions which, in the long run, may be the cause of heavy gold exports from the United States and which, if we remain unprepared, may seriously check our progress. If, on the other hand, we forearm, we may grasp the opportunity of taking our place as the strong- est of the world's bankers and furnish our industries with the basis for a solid expansion. (5) "Does it not appear ridiculous that a country owning over two billions and a half of gold should not be able to mobilize a larger free gold reserve than two or three hun- dred millions of dollars, particularly when it is apparent that its future financial and economical growth will depend upon the extent of the 'preparedness* that it can provide in this respect? Our critics say that, by concentrating the gold in the Federal Reserve banks, we shall make them the target for gold withdrawals. But they will be that target anyhow. The only question is, will they be able to resist without being forced to take premature and unnecessarily drastic measures of defense? Let us suppose that our member banks' excess cash reserves have been wiped out, either by gold export or by expansion of the loan and deposit struc- ture ; let us suppose that our discount and investment rates are fairly low as compared with those prevailing in Europe ; let us suppose that our shipments to foreign countries will no longer exceed our imports. Then, as money flows where it can safely earn the highest returns, our bankers will probably have to finance foreign countries both in govern- ment loans and individual transactions. Suppose, then, that Mr. Ivanoff, in Petrograd, draws $100,000 at ninety days' sight on an American banker against a credit granted to him, LOANS AND INVESTMENTS 285 rediscounts that paper in New York, and, against this bal- ance, Russia wants gold. Where will it come from? The member banks have no more excess reserves ; shall we then begin to withdraw it from circulation and how and against what? The New York member bank will rediscount $100,- 000 of bankers' acceptances or commercial paper with its Federal Reserve bank and ask for gold. Ultimately, there- fore, the demand for gold will be made upon the Federal Reserve banks. We are faced with the simple question: Will we be strong enough to share our plenty, during the coming period of stress, with other nations and be the world's banker, or will we be so weak that, when these demands come, we must stop them at once by raising our discount rates high enough to retain our gold at home? Keep all the gold in your vaults where it is useless for your- selves and deprived of the additional force that it may gain in the hands of the Federal Reserve banks ; keep every cash- till in hotels, railroad stations, drygoods stores and what not, filled with gold certificates, and you will rob the country of its legitimate opportunity of growth, of helping itself, and of helping the world. Our foreign competitors will proclaim that only a country willing to part freely with its gold may safely be accepted as a world's banker, and they will point to the fact that, in past critical periods, our banks stopped paying in gold. It is our duty to give to the world an over- whelming evidence of our ability and determination in the future to maintain our gold obligations under any and all circumstances. (6) "The vast accumulation of gold in the hands of the Federal Reserve banks which I am urging is of great mo- ment in its bearing upon the future of the National bank currency. The objects contemplated in this respect by the Federal Reserve Act are highly to be commended; but carrying this scheme into effect is subject to too many de- lays. More comprehensive action from the beginning would 286 LOANS AND INVESTMENTS have brought about better results. The ultimate aim which we must have in mind is the conversion of a large portion of the two per cent, government bonds now securing circula- tion into new three per cent, bonds, a substantial portion of which will gradually be absorbed by the people. This would have the consequence of reducing the amount of National bank circulation, so that, at a given point, whatever two per cent, bonds the Federal Reserve banks acquired would ulti- mately be carried by Federal Reserve note circulation, and this, in turn, would be of material assistance to the Federal Reserve banks in earning their dividends. As the absorption of the three per cent, bonds by the public proceeded, and as the growing acceptance market offered a wider field of in- vestment for the Federal Reserve banks, Federal Reserve notes would take the place of Federal Reserve bank notes, bankers' acceptances and commercial paper would take the place of government bonds and an elastic and live currency would replace the present inelastic government bond se- cured currency. In order to carry out this process, however, it will be necessary normally to maintain against Federal Reserve notes at least the forty per cent, reserve required by law, as against the five per cent, of reserves now required against National bank notes. And this, again, is an added reason for facilitating the concentration of gold in the Fed- eral Reserve banks, so that they may be strong enough to sustain this large volume of circulation on the higher reserve basis. The larger powers which we should enjoy would not, therefore, be employed to inflate circulation. On the con- trary, as a net result, it would be used for the purpose of building up a circulation covered by a far stronger gold reserve than that of the National bank notes. Until the volume of the latter has been materially reduced, and until Federal Reserve notes may be accepted as reserve money by the member banks, the lending power of the Federal Reserve banks will remain hampered. LOANS AND INVESTMENTS 287 (7) "The Federal Reserve banks have made investments aggregating at present about $180,000,000 and have out- standing a net circulation of about $16,000,000. That means that for $164,000,000 of investments they have paid gold and thereby have reduced their reserve power to that extent. If they could have paid in Federal Reserve notes instead of gold, as they should have been permitted to do, they would have wasted only forty per cent, of this amount and would have retained the balance, that is, about one hundred mil- lions, as a potential reserve for additional note issue. As stated before, it does not necessarily follow that Federal Reserve banks would have made larger investments at this time; it is not at all likely that they would have done so. But emphasis must be laid upon the resulting reductions of their power to assist the country in an emergency. The argument is used that if Federal Reserve notes had been paid out and could have been counted as reserve money by the stock banks, these notes would have gone into the vaults of the member banks as reserve money and caused a further expansion of loans. But we must not forget that the same result has followed by the Federal Reserve banks paying out gold. As far as the member banks are concerned, the effect is the same whether they receive $164,000,000 in gold or in Federal Reserve notes which may be counted as gold. But the difference is, as we have stated, that under the present system the lending power of the Federal Reserve System is being impaired too fast. Federal Reserve notes 'shall be obligations of the United States and shall be receivable by all National and member banks and the Federal Reserve banks and for all taxes, customs and public dues. They shall be redeemed in gold at the Treasury/ etc. Did we not stop half-way when we provided that banks are thus to receive Federal Reserve notes in payment of debts among each other, and from their depositors, but cannot count them as reserve for the purpose of discharging their deposit liabil- 288 LOANS AND INVESTMENTS ities ? As a consequence, banks when settling with each other through clearing do not accept Federal Reserve notes, but must settle with lawful reserve money that is, substantially in gold. If, however, a bank settled directly with another bank it could pay in Federal Reserve notes and the payee bank could then send the Federal Reserve notes to its Fed- eral Reserve bank, create a balance and then count that as reserve. It is fortunate that the new amendment will permit member banks to carry any part of their required vault reserve as a balance with the Federal Reserve bank and to count it as reserve. It is hoped that this will cause member banks promptly to adopt the habit of settling their balances with each other by transfer of credit, through their Federal Reserve banks, thereby releasing gold needlessly tied up in clearing operations and in their vaults and remedying, to a certain extent at least, these anomalous conditions. (8) "In dealing with this question of reserves and note issue, it is proper and necessary that we proceed step by step. Splendid progress has been made in these last two years and we realize, of course, that the tracks must be shifted many a time before we can reach our final goal. But we must be clear about this ultimate aim and we must recog- nize the absolute necessity of taking certain consecutive steps before monetary and banking reform will be complete. Ultimately we must rid our country of the confusing multi- plicity of currency with which we are now afflicted, and the Treasury will have to stop issuing small denomination gold certificates. The circulating currency of the country ought to be silver certificates in the small denominations, and Federal Reserve notes. The best place for gold and gold certificates will be in the Federal Reserve banks. The National bank currency ought to be systematically with- drawn, and the greenbacks ought to be gradually turned into gold certificates as the missing gold cover from time to time is produced by the excess profits to be received from LOANS AND INVESTMENTS 289 the Federal Reserve banks or by some more rapid process that the future may evolve. While this process is taking its course I think we are fully justified in permitting the Fed- eral Reserve banks to count greenbacks as part of their metallic reserve. It is freely admitted that this is not abso- lutely good banking theory. But with the $153,000,000 gold behind these notes and the power given to the United States to provide the additional gold cover by a sale of govern- ment bonds, we may be warranted in temporizing and not making an over-rigid discrimination. (9) "One cannot deal with the future of our Federal Reserve System and our reserve problem without being puzzled by the question, what will be the coming standard of differentiation between central reserve cities, reserve cities and country bank places when, after November 16, 1917, balances with correspondent banks will no longer count as reserve. I cannot undertake to discuss that prob- lem today, but I think it is timely to point to this phase and invite you to give it your most careful consideration. The time is not distant when we shall have to deal with this conundrum and we shall welcome indeed, we shall need your very best thoughts in the matter. The Federal Reserve System is the beginning of an imposing structure to be erected upon a broad foundation. It will prove a costly edi- fice unless it is developed to its full growth along these broad lines. Member banks and the country at large have a very vital and obvious interest in this, and they may well insist that there be no stopping half-way or haphazard addi- tions or little patchwork here and there. The banks and country are now entitled to enjoy, and will soon require, the strongest possible system, and the further it progresses, the more the concentration of gold in the Federal Reserve banks proceeds, the further the discount market develops and the further grows the habit of banks, large and small, to invest in bankers' and trade acceptances, the less will it 290 LOANS AND INVESTMENTS be necessary for them to keep unduly large sums locked up in their vaults and the easier will it be for Federal Reserve banks to return a portion of their paid-in capital. The roads to reduced reserve and capital requirements lie in these di- rections. If member banks are to rely for their protection primarily upon their ability to create balances with their Federal Reserve banks they must be certain that they have in their possession an easy means of approach, a reliable key that will open for them the floor leading to the Federal Reserve banks* vaults." EXERCISES Questions to be Answered by Students (Chapter I Commercial Loans) 1. Define "liquid assets" and explain why the assets of a commercial bank should be liquid. 2. What are "lines of credit" and why is it difficult to curtail lines of credit in times of financial stringency? 3. Discuss ways and means by which a com- mercial bank may replenish its reserves. 4. Describe the ultimate effect of the general contraction of loans. 5. How does the Federal Reserve System bene- fit commercial banks in maintenance of liquid assets and adjustment of reserves. 6. Define "current assets" and give one or more examples. 7. Define and exemplify "current liabilities." 8. What information should bank credit depart- ments have, and how may such information be best obtained? 9. In extending credit, what circumstances and conditions should be considered beyond ordinary statements of assets and liabilities? 10. Discuss the ratio of collections to maturities. 11. What are the advantages of "trade accep- tances" as compared with single name commercial paper? 291 292 LOANS AND INVESTMENTS 12. What are the advantages of "single name commercial paper" as compared with trade accep- tances? 13. Define "bank acceptances" and explain their utility. 14. In your judgment what portion of a com- mercial bank's available funds should be invested in (1) marketable securities, (2) commercial paper purchased in the open market, (3) loans to cus- tomers? (Chapter II Agricultural Loans) 15. Define "commodity paper" and give ex- amples of instruments thus termed. 16. In what way does the Federal Reserve System favor agricultural loans? 17. Name the principal grain growing States. 18. Explain (1) prevailing methods of market- ing grain, (2) process of distributing it, (3) manner of storage. 19. Describe the security generally required by banks in making grain loans. 20. Do banks generally give grain dealers open lines of credit, and if so, why? 21. Name the cotton growing States, and state the amount of cotton produced in the United States. 22. Describe the manner in which banks make loans to cotton planters. 23. How do banks make advances to cotton buyers, and on what security? LOANS AND INVESTMENTS 293 24. Define "cotton futures" and discuss trans- actions in connection with them. 25. Discuss the advantages and disadvantages of "cattle loans." 26. Define "cattle loan companies" and explain their operations. 27. What kind of business statements should be required from farmers? 28. In making loans to farmers, what are the principal circumstances to be considered? (Chapter III Stocks and Bonds) 29. What is the fundamental difference between "stocks" and "bonds?" 30. Distinguish between "common" and "pre- ferred" stocks. 31. What may be said in favor of the issuance of shares of stock without par value? 32. Describe the requirements in connection with the transfer of stocks. 33. Specify some of the conditions that deter- mine the titles under which bonds are classified. 34. Define "coupon bonds," "registered bonds,", and "registered coupon bonds." 35. What particular facts and circumstances should be considered in buying municipal bonds? 36. What is the usual procedure in the issuance and marketing of bonds? 37. Define in your own language the financial terms "bull" and "bear." 294 LOANS AND INVESTMENTS 38. Explain the meaning of the terms "short" and "long" as applied to stock market transactions. 39. Describe "watered stock" and specify two issues that in your judgment may be so classified. 40. Discuss stocks and bonds as investments. 41. Specify bonds suitable for investment by a commercial bank. 42. What classes of bonds are suitable for sav- ings banks or trust funds? (Chapter IV Collateral Loans) 43. Distinguish between "pledge," "lien" and "chattel mortgage," and show which gives the greatest rights. 44. May a National bank hold in pledge as col- lateral security for a loan made, or to be made, shares in the stock of another National bank? 45. Can a National bank make a valid loan on the security of its own stock? 46. What are the essentials of a valid delivery? 47. What is "constructive delivery" and is it sufficient to constitute a pledge? 48. Explain the manner in which a broker may hypothecate his customers' securities. 49. When goods in a warehouse on which a warehouse receipt has been issued are attached by order of a court, what are the rights of a bank hold- ing the receipt as collateral? 50. In what respect does a warehouse receipt differ from a bill of exchange as to negotiability? LOANS AND INVESTMENTS 295 51. Distinguish between warranties and liens. 52. Of what importance is a bill of lading at- tached to a draft in payment of goods for export? 53. How does a bill of lading differ from an ordinary receipt? 54. If a bill of lading held by a bank as col- lateral for a loan turns out to have been forged by one of the carrier's representatives, who is re- sponsible, and why? 55. What is the difference between a "Straight" bill of lading and an "Order" bill of lading? 56. Explain why a bank should not surrender a bill of lading attached to a draft without accep- tance or payment of the draft. (Chapter V Seasonal Demands for Money) 57. Describe seasonal variations in demands for money in New York City. 58. What are the seasonal variations in demands for money in your own locality? 59. Explain how seasonal variations in demands for money influence prices of bonds. 60. How do seasonal demands for money affect bank reserves? 61. Define "secondary reserves" and explain their utility. 62. What are the three essential characteristics of secondary reserves? 63. What is meant by "emergency market- ability?" 296 LOANS AND INVESTMENTS 64. Discuss the relative merits of bonds and commercial paper as secondary reserves. 65. Specify a few issues of bonds that would in your judgment be suitable for secondary reserves. 66. How does commercial paper serve the pur- pose of secondary reserve in Europe? 67. Why has commercial paper in the United States been largely local in character? 68. How may a commercial paper market be developed in the United States? 69. In what manner will the Federal Reserve System tend to change the character of secondary reserves? 70. Define "business cycles" and discuss their cause and effect. (Chapter VI International Exchange) 71. Define "foreign exchange" and explain the difference between foreign and domestic exchange. 72. What is the "mint par of exchange" and how is it computed? 73. What is the "gold import point" and under what circumstances is gold imported from foreign countries to the United States? 74. What is the "gold export point" and under what circumstances is gold exported from the United States to foreign countries? 75. What factors determine the price of gold in international exchange? 76. What are "cable transfers" and why is the LOANS AND INVESTMENTS 297 cable transfer rate of exchange higher than the de- mand rate of exchange? 77. Name and describe the different kinds of time bills of exchange. 78. Define "arbitrage" and illustrate an arbi- trage transaction. 79. What are "finance bills" and how are they handled? 80. Describe the three forms of "revolving credit." 81. Describe the methods of financing imports and exports. 82. How is the demand rate of exchange deter- mined? 83. Explain the relation of interest rates to for- eign exchange rates. 84. Define "dollar exchange" and discuss its de- velopment. (Chapter VII Bonds and Circulating Notes) 85. Explain the difference between the liability of a bank in issuing bank notes and the liability of a bank receiving deposits. 86. Why do bank notes remain outstanding longer than bank checks? 87. What are the principal methods of protect- ing bank notes? 88. Explain the Canadian "guaranty fund" for the protection of bank notes and describe its oper- ation. 298 LOANS AND INVESTMENTS 89. How has bond-secured currency under the National Bank Act proved unsatisfactory? 90. Specify the different forms of currency in the United States. 91. What are "greenbacks" and how are they secured. 92. Define "inelasticity of currency" and explain its effects. 93. Discuss the difference between protection accorded to bank notes and to bank deposits. 94. What forms of notes are issued under the Federal Reserve Act? 95. Explain "Federal Reserve Notes." 96. What are "Federal Reserve Bank Notes" and under what conditions are they issued? 97. Explain the provisions of the Federal Re- serve Act for the conversion of two per cent, bonds. 98. Discuss the relationship between Federal Reserve notes and bank reserves. 99. Explain the procedure of Federal Reserve banks in taking over the bonds held by National banks as security for circulation. 100. Why should gold be concentrated in the Federal Reserve Banks? INSTRUCTIONS. In City Chapter Classes the foregoing questions are to be used in connection with the respective subjects to which they pertain. Correspondence Chapter students will submit an- swers to all of the one hundred prescribed questions at the same time. INDEX Numbered Paragraphs Adequacy of Reserves 169 Adjustment of Reserves 13 Advantages of Single Name Paper 39 Advantages of Trade Acceptances 38 Agricultural Paper for Rediscount 82 Aldrich-Vreeland Act 17 Altered Bills 150 Arbitrage 198 Arrival Rates 212 Assets Must Be Liquid 5 Assistance of Federal Reserve Banks 62 Attachment of Goods Under Bills of Lading. . 153 Bank Acceptances 41 Bank Advances to Cotton Buyers 59 Bank Balances and Bonds 10 Bank Notes and Checks 224 Bank Notes and Deposits 222 Banks and Stock Exchanges 119 Bills of Lading " 146 Bond Issuance Ill Bond Selling Syndicates 114 Bond Underwriting Syndicates 113 Bonds and Bank Notes 229 Bonds and Their Classification 97 Bonds as Investments 120 Bonds as Secondary Reserves 180 299 300 LOANS AND INVESTMENTS Borrowing and Lending Exchange Markets. . 211 Business Cycles 182 Buying Cattle Loans 79 Cable Transfers 194 Cash and Credit 4 Certificates of Stock 91 Classes of Notes 234 Classification of Time Bills 196 Collateral Loan Agreements 159 Collateral Notes 158 Commercial Paper in Europe 175 Commodity Paper 42 Common Carriers 145 Cotton and Its Production 52 Cotton Exchanges 66 Cotton Merchants and Exporters '. . 63 Credit Analysis and Single Name Paper 34 Currency and Bank Reserves 246 Current Assets 24 Current Liabilities 25 Danger from Borrowing in Both Ways 40 Demand for Notes 236 Demand Rates of Exchange 185 Development of Dollar Exchange 219 Documentary Acceptance Bills 197 Domestic Exchange 184 Drainage and Reclamation Bonds 109 Equipment Bonds 107 European Financing of Am. Foreign Trade . . 202 European War and the Exchanges 214 LOANS AND INVESTMENTS 301 Export and Import Points 191 False Bills 148 Farmers' Statements 80 Federal Reserve Act 18 Federal Reserve Bank Notes 238 Federal Reserve Notes and Bank Reserves. . 242 Finance Bills . . 199 Financial Terms 118 Financing Exports of Cotton 65 Financing of Exports 204 Financing of Imports 203 Foreign Exchange 183 Foreign Exchange Departments 205 French Exchange 188 General Contraction of Loans 14 General Loan Contraction to Be Avoided. . . 16 German Exchange 189 Goods Lost or Damaged in Transit 152 Goods Not Owned by Shipper 151 Grain Crops 43 Grain Elevators and Warehouses 44 Grain Exchanges 47 Grain Loans 48 How Demand Rate of Exchange is Determined 206 Industrial Bonds 106 Inelasticity of Currency 231 International Borrowing 207 Lack of Commercial Paper Market 179 Land Mortgage Bonds 110 Legal Tender and Other Reserve Credits 170 302 LOANS AND INVESTMENTS Limited Significance of Balance Sheets , 32 Lines of Credit 6 Liquidation of Assets 29 Liquidness of Loans to Depositors 7 Live Stock Loans 69 Loans and Deposits 3 Loans by Foreign Banks 208 Loans on Cotton in Warehouses 61 Managers' Shares 94 Marketing Cotton 57 Marketing Grain 45 Mint Par of Exchange 186 Municipal Bonds 103 National Foreign Trade Policy 221 Negotiable Warehouse Receipts 138 Negotiation of Order Bills 147 Non-Liability of Pledgee as Warrantor 154 Non-Negotiable Warehouse Receipts 137 Notes as Needed 237 Notes Based Upon Business Transactions . . . 243 Notes Under the Federal Reserve Act 233 Panic Demands for Currency 240 Policy of Note Issue 241 Position of London 213 Problems of Conversion (of Government Bonds) 245 Procedure in Issuing Bonds 112 Process of Conversion 235 Protection of Notes 225 Public Utility Bonds 105 LOANS AND INVESTMENTS 303 Quarantine Line 73 Railroad Bonds 104 Rates on Time Bills 195 Ratio of Collections to Maturities 33 Ratio of Current Assets to Liabilities 28 Rediscounts 9 Relation of Interest Rates to Exchange Rates 209 Relation of Notes to Currency 223 Reserve Banks and Commercial Loans 20 Reserve Banks and Liquidness 19 Revolving Credit 200 Rights and Liabilities of Pledger 128 Sales Made by Grain Buyers 49 Seasonal Movements in Money Markets 160 Seasonal Strains on Bank Reserves 168 Seasonal Variations in Foreign Exchange . . 166 Seasonal Variations in Prices of Bonds 167 Secondary Reserves and Their Character . . 171 Secondary Reserves Under Federal Reserve System 181 Security for Bank Notes 228 Shares Without Par Value 93 Shipper's Loan and Count 155 Significance of Changes in Exchange Quotations 190 Situation in the United States 178 Sources of Payment of Bank Loans 21 Spent Bills 149 Statements of Borrowers 27 Status of American Note Currency 230 304 LOANS AND INVESTMENTS Sterling Exchange 187 Stock Exchanges 115 Stocks and Their Classification 86 Surrender of Bills of Lading to Drawees 157 Taking Over Government Bonds 244 Theory of Note Issue 227 The War and the London Acceptance 215 The War and the London Discount Market 216 The War and the London Sight Rate 218 The War and the New York Exchange Market 217 Timber Bonds 108 Time Factor in Gold Shipments 193 Time of Retirement (of Government Bonds) . 239 Trade and Single Name Paper Compared ... 36 Trade Paper 35 Transfer of Stocks 95 Travelers' Letters of Credit 201 Ultimate Effects of Contraction 15 United States Cotton Futures Act 68 Utility of Bankers' Time Bills 210 Variable Prices of Gold ' 192 Volume of Sales 31 Voting Trust Certificates 92 Warehousemen and Warehouse Receipts 135 Warehousemen's Liens 143 Warranties of Genuineness 141 What May be Pledged 125 Why Notes Are Issued 226 Word "Notify" on Order Bills 156