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ACCEPTANCES
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Their Importance as a Means of Increasing
and Simplifying Domestic and
Foreign Trade
With a Digest of the Amendments to the Federal
Reserve Act, Regulations of the Federal Reserve
Board, the United States Warehouse Act, the
Edge Export Finance Act, and the
Federal Bill of Lading Act.
FOURTH REVISED EDITION
August 15, 1921
Prepared and Issued by
The American Exchange National Bank
Broadwa,
NEW YORK
at
Cedar St.
COPYRIGHTED, 1921
THE AMERICAN EXCHANGE NATIONAL BANK
*#*
New York, August IS, 1921.
npHE monograph on Acceptances which was pre-
*
pared and first issued by this bank in April, 1916,
revised in December of that year, in June, 1918, and
again in April of the present year, attracted such wide
attention, and was so favorably received, that it is our
intention to continue to take an active part in keeping
this important subject before the business community.
With this object in view, we herewith present a
fourth revised edition of the Acceptances booklet, giv-
ing additional amendments to the Federal Reserve
Act and the latest regulations of the Federal Reserve
Board, affecting Acceptances, as well as an analysis
of the. Edge Export Finance Act and a digest of the
United States Warehouse Act and the Federal Bill
of Lading Act.
The American Exchange National Bank,
Lewis L. Clarke, President.
FOREWORD
IN
presenting the subject of Acceptances for the consideration of the
business interests of the United States, we do so with a feeling of
pride in the part that this bank has played in the commercial develop-
ment of the nation.
The American Exchange Bank was organized in 1838, antedating by
many years the National Banking System. In 1865, it was converted into
a National bank, and was one of the first banks to enter the Federal
Reserve System.
George S. Coe, who served as president of this bank from 1860 to 1894,
clearly foresaw the time when material changes in our banking system
would be needed. In 1881, Mr. Coe predicted the change from bond-secured
currency to currency secured by commercial assets, and then declared that,
after all, the latter was the most natural, useful and reliable basis. He
also said:
"The condition of a bank is soundest and its power most effective when
its assets are composed of notes, drafts and obligations of the peoplethe
title deeds to those commodities or articles most demanded for the sub-
sistence and necessities of men, and for their comfort and convenience-
together with a due proportion of ready money, into which all these things
are exchangeable.
"Commercial banks are the oldest and safest financial institutions in the
United States, or in the civilized world. They have, in all nations, outlived
the changes of the governments that formed them, and they have uniformly
given support to States in their greatest emergencies, rather than received
it, because commercial banks are the embodiment and the reservoirs of the
active industrial power of the people. Always, they are greater than the
State itself."
The American Exchange National Bank, having at all times taken an
active interest in the commercial development of the country, desires to do
its utmost to encourage the use of Bank and Trade Acceptances in the United
States, because it believes that their general employment will add materially
to the prosperity of the individual, as well as to the prosperity of the nation
itself.
THE AMERICAN EXCHANGE NATIONAL BANK.

INDEX
CHAPTER
PAGE
I. Credit Functions and Instruments , 7
Acceptance an Important Credit Instrument
Trade Acceptance Defined
Acceptances Differ from Notes and Drafts
Fundamental Purpose of Acceptances
II. The English Credit System 11
"Dollar Exchange" and Sterling
England's Position in International Banking
The London Money Market
Theory of the English System
Classes of English Bills
British Banks Governed by , Traditions
Documentary Bills or Drafts
Safeguards of English Banks
Advances on Consignments'
Other Methods of Financing Shipments
III. German and French Systems Outlined 18
Operations of the Reichsbank
Bank Acceptances in Germany
Financing Germany's Overseas Trade
Bills of Exchange in France
Acceptances Replace Open Accounts Abroad
IV. The American Credit System 23
Cash Settlement of Bills
Some Drawbacks of Cash Discounts
Claims Arising in Settlement of Bills
Use of Single-Name Paper
Single-Name Paper Replaces Merchandise Notes
V. The Advantages of Acceptances 27
Question of Clerical Work
**
Matter of Collection Charges
Credit Facilities Increased by Acceptances
Cash Discounts and Acceptances
Acceptances Not Detrimental to Credit System
Result of Unwarranted Expansion
Trade Acceptance Aid to Sound Banking

INDEXContinued
CHAPTER
pAGE
VI. Developing the Market for Acceptances
32
Report of New York Federal Reserve Bank
Acceptances Benefit Both Buyer and Seller
General Use of Acceptances Urged
Broadening the Market for Acceptances
Growth of Acceptance Operations
VII. Amendments to the Federal Reserve Act
38
Banks May Now Accept in Domestic Transactions
Authorized Collateral for Reserve Bank Advances
Possibilities for Extension of "Dollar Exchange"
Establishment of Banking
Connections
Additional
Amendments to the Act
Reserve Banks' Discount Powers Broadened
Investments of National Banks
Amendments to Revised Statutes
Controlling Credit Through Discount Rates
VIII. Regulations of the Federal Reserve Board
50
Powers of New York State Banks
Desirability of Bills of Exchange
Scope of Acceptances Extended
Regulations on Bankers' Acceptances
Final Definition of Trade Acceptance
Open-Market Purchase of Bankers'
Acceptances
Preferential Rate on Acceptances
Checking Tendency
Toward Over-Expansion
Cable Transfers and Bills of Exchange
Character of Bills and Acceptances Eligible
Bills of Exchange and Trade Acceptances
Bankers' Acceptances-
Kinds of Bills and Acceptances Specified
Maturity of Bankers'
Acceptances Extended
Statutory Provisions Governing Rediscounts
Notes, Drafts, and Bills of Exchange Eligible
Applications for Rediscount
Promissory Notes
Drafts, Bills of Exchange, and Trade Acceptances
Six Months' Agricultural Paper
Rediscount of Bankers' Acceptances
Acceptance of Drafts and Bills of Exchange
Bills Drawn to Create "Dollar Exchange"
Operations of Foreign Banking
Corporations

INDEXContinued
CHAPTER
PACT
IX. The United States Warehouse Act 82
Receipts for Agricultural Products Stored
Contents of a Warehouse Receipt
Issue of Other than Original Receipts
Conditions Governing Delivery of Products
State Laws Not Impaired by Act
Regulations for Wool Warehouses
Negotiable and Non-Negotiable Receipts
Duplicating Receipts Lost or Destroyed
Regulations Covering Delivery of Wool
X. The Edge Export Finance Act 90
Authority for Formation of Corporations
How Corporations May be Organized
Form of Organization Certificate
Authority to Commence Business
Rules Governing Transfers of Stock
Stock Held Contrary to Law
Investments in Other Corporations
Issue of Debentures and Other Obligations
Sale of Foreign Securities
Regulations Governing Acceptances
Deposits and Reserve Required
General Limitations and Restrictions
Advantages of New Legislation
Support of Investors Essential
Powers of Corporations Varied
XL The Federal Bill of Lading Act 103
Two Kinds of Bills of Lading Defined
To Whom Carriers May Make Delivery of Goods
Deliveries for Which the Carrier is Liable
"Shipper's Weight, Load and Count"
Rights of Creditors to Attach Bills of Lading
Negotiating or Transferring Bills of Lading
Warrants, Indorsements, Rights and Remedies
Acceptance Forms

6
Chapter 1
CREDIT FUNCTIONS AND INSTRUMENTS
4 4TN the primitive ages of commerce, article was exchanged for
A article without the use of money or credit. This was simple
barter. As civilization progressed, a symbol of propertya com-
mon measure of valuewas introduced to facilitate the exchanges
of property. This may be iron or any other article fixed by law or
by consent, but it has generally been gold or silver. This certainly
is a great advance beyond simple barter, but no greater than has
been gained in modern times by proceeding from the use of money
to the use of credit.
"Commercial credit is the creation of modern times, and be-
longs, in its highest perfection, only to the most enlightened and
best-governed nations.
"Credit is the vital air of the system of modern commerce. It
has done morea thousand times moreto enrich nations than all
the mines of all the world. It has excited labor, stimulated manu-
factures, pushed commerce over every sea, and brought every
nation, every kingdom and every small tribe among the races of
men to be known to all the rest. It has raised armies, equipped
navies, and, triumphing over the gross power of mere numbers, it
has established national superiority on the foundation of intelli-
gence, wealth and well-directed industry.
"Credit is to money what money is to articles of merchandise.
As hard money represents property, so credit represents hard
money, and it is capable of supplying the place of money so com-
pletely that there are writers of distinction who insist that no
hard money is necessary for the interests of commerce. I am not of
that opinion. I do not think any government can maintain an

exclusive paper system without running to excess, and thereby

causing depreciation.
"I hold the immediate convertibility of banknotes into specie
to be an indispensable security for their retaining their value. But
consistently with this security, and indeed founded upon it, credit
becomes the great agent of exchange. It increases consumption
by anticipating products, and supplies present wants out of future
means. As it circulates commodities without the actual use of
gold and silver, it not only saves much by doing away with the
constant transportation of the precious metals from place to place,
but also accomplishes exchanges with a degree of dispatch and
punctuality not otherwise to be attained.
"All bills of exchange, all notes running upon time, as well as
the paper circulation of the banks, belong to the system of com-
mercial credit. They are parts of one great whole. We should
protect this system with increasing watchfulness, taking care, on
the one hand, to give it full and fair play, and, on the other, to
guard it against dangerous excess."
This masterly summing up of the functions of credit and its
instruments might have been uttered but yesterday, instead of
more than four-score years ago. It is from a speech by Daniel
Webster in the United States Senate, March 18, 1834.
Acceptance an Important Credit Instrument
Credit is the lifeblood of business. One of the principal chan-
nels through which it flows is the acceptance, or time bill of
exchange.
The system of credit based on acceptances has been very wide-
ly developed through long usage in England, France and Germany.
It is so comparatively new in the United States that it is not yet
generally understood. Its fields of employment here, however, are
broadening rapidly, and it seems likely to become, before very long,
one of our chief credit instruments. Such an opinion was expressed
by the Federal Reserve Board in its circular of February
8, 1915,
as follows:
"The Acceptance is still in its infancy in the field of American
banking. How rapid its development will be cannot be foretold,
but the development itself is certain."

Trade Acceptance Denned

The term "Trade Acceptance" is denned by the Federal Re-
serve Board in its circular of July 15, 1915, as
"a bill of exchange -...drawn to order, having a definite ma-
turity and payable in dollars in the United States, the obliga-
tion to pay which has been accepted by an acknowledgment,
written or stamped, and signed, across the face of the instru-
ment, by the company, firm, corporation or person upon whom
it is drawn; such agreement to be to the effect that the ac-
ceptor will pay at maturity, according to its tenor, such draft
or bill without qualifying conditions."
A bill of exchange is defined by the English Bills of Exchange,
Act of 1882, as "an unconditional order in writing, addressed by
one person to another, signed by the person giving it, requiring
the person to whom it is addressed to pay on demand, or at a fixed
or determinable future time, a certain sum in money to, or to order
of, a specified person, or to bearer."
A negotiable bill of exchange, or acceptance, therefore, is a
written order whereby A commands B to pay to C, or to his order,
or to bearer, a sum of money absolutely and at a certain future
time. A is the drawer, B the drawee, and C the Payee. If B
agrees to obey the order upon him, he writes the word "Accepted"
across the face of the bill and signs his name below this word,
together with the date of the acceptance, the date that it is pay-
able, and the place. Thereupon B becomes and is known there-
after as the Acceptor, and the document is known as an Accepted
Bill, or Acceptance. Such instruments are two-name paper, since
they carry the names of both the Drawer and the Acceptor. If
the Payee chooses to transfer the paper and all his rights under
it to some other person, he indorses it.
Acceptances Differ from Notes and Drafts
An acceptance, or time bill of exchange, therefore, is an order.
Its acceptance is equivalent to the promise to pay that is contained
in a promissory note. The promissory note, however, is not in-
tended to transfer funds, but to settle debts and borrow money.

A note is drawn by persons. An acceptance is drawn on persons.

The acceptance consequently performs an entirely different func-
tion than the promissory note. Each has its distinct field in the
world's financial affairs.
The acceptance differs also from the commercial draft. The
commercial draft, with bill of lading attached, may be drawn at
sight, or may be made payable at a certain time after sight. This
enables the title to the goods covered by the bill of lading to re-
main vested in the seller, the drawer of the draft, or the person to
whom the bill of lading may be indorsed, until the draft is paid.
Another form of commercial draft is the sight draft for collection,
which is drawn on buyers who have been previously sold on open
account. It has been generally used as a means of collection when
ordinary means have failed to produce payment. The trade ac-
ceptance, on the other hand, is an acknowledgment of an obligation
and a promise to pay it on a certain date.
Fundamental Purpose of Acceptances
The time bill of exchange, or acceptance, has a fundamental
purpose which neither the promissory note nor the commercial
draft possesses. That purpose is to facilitate the mutual offsetting
of debts between individuals, as well as nations. Acceptances, or
time bills of exchange, pass from hand to hand the same as money.
They serve the same purpose as the transfer of gold itself in the
cancellation of debts. Abroad, they have long been considered as
the easiest and cheapest form of credit instruments.
Economists regard acceptances as a sort of special currency.
Such really has been their use for the last two centuries in the Old
World, where acceptances have been employed between business
houses in the settlement of accounts. They circulate among banks
which buy and resell them according to their needs until they are
negotiated to the central or government bank of the country. The
provisions of the Federal Reserve Act, their interpretations by the
Federal Reserve Board, the regulations issued by it, and the differ-
ent State laws enacted in recent years indicate a purpose to make
bank acceptances an asset quickly and easily convertible into cash,
and to constitute an additional reserve to the banks carrying them.

10

Chapter II
THE ENGLISH CREDIT SYSTEM
IN
England and Germany, the bank acceptance is the principal
form of credit. In France, the individual acceptance is more
generally used.
London became the center of international payments in export
trade through England's being the chief commercial carrier in the
early stages of the development of Europe's export markets. Eu-
ropean traders were quick to see the convenience and advantage
of receiving their payments in one currency, rather than in the
miscellaneous currencies of the different overseas markets. Thus,
London not only became a clearing house for international set-
tlements, but also a central place of deposit for bankers and
merchants all over the world.
This created an immense revenue for England. For very
many years, London collected a heavy toll from the financing
of practically all the exports and imports between the United
States and other countries. The proceeds of a shipment of ma-
chinery or merchandise, for example, from St. Louis, Chicago or
New York, destined to some point in South America, would be
in the form of a draft drawn on London. For the acceptance of this
draft, the London banker would charge a round commission. A bale
of raw silk imported from
Japan by a house in New York would be
paid for by the seller in Japan drawing a bill on London. It was
estimated, before the Federal Reserve Act went into operation,
that American exporters and importers were paying London some
$10,000,000 a year for such services.

11

"Dollar Exchange" and Sterling

The fundamental reason for this was that the bank accept-
ances in pounds sterling could always be converted into the local
currency of any country at a close rate of exchange, whereas a
draft in dollars on New York would have no such markets. To-day,
this condition is changing rapidly, and "dollar exchange," in many
of the world's marts, is being sought instead of sterling because its
purchasing power as expressed in local currency is greater than
that of sterling exchange. This gives the American exporter an
advantage that he has never before enjoyedthat of dealing with
foreign buyers and sellers in his own domestic currency, thereby
saving the extra cost of exchange on London, and other expenses.
England's Position in International Banking
While other nations have become important factors in the
ocean-carrying trade, and thus are less dependent upon the great
and long-established facilities of Great Britain for the transporta-
tion of merchandise across the seas, they have been less successful
in their attempts to deal directly with their international customers
and to eliminate London as a center of financial intercourse with
the export markets of the world. Germany, for example, by the
organization of German merchants in many foreign markets, suc-
ceeded in establishing a standing for German currency abroad and
a certain volume of direct financial intercourse. Yet the German
exporters and importers still relied largely on London in their
overseas settlements, as England has developed the standard forms
of dealing with the financing of shipments to and from overseas
markets.
The English banks engaged in international banking have
divided their world territory on the basis of commercial usages and
prevailing business conditions. East and West are sharply dif-
ferentiated, and the British dominions with a white commercial
population are catered to by special banks. Within these three
great divisions, there is a further specialization by countries. Al-
most all of these banks have headquarters in London.

12

The London Money Market

The heart of the London money market is the Bank of Eng-
land. Then there are the great joint stock banks, with several thou-
sand branches; the Colonial banks; the Foreign banks, which, to-
gether with the Colonial banks, practically cover the world with
their branches; finance houses that make a specialty of accepting
bills growing out of imports and exports; stock brokers; bill
brokers ; the Stock Exchange and its affiliations ; the insurance com-
panies, and the private lenders, who, in the aggregate, compose
the great money-holding interests of London and what is ordinarily
known as the London money market.
The Bank of England does not buy bills payable abroad. It
requires two British names to the bills it purchases, and one of
these must be the acceptor.
Theory of the English System
The London money market is regulated principally by the
open-market operations of the bankers and brokers. If they con-
sider that the commercial public is over-trading, they check this
tendency by ceasing to buy bills. The Bank of England, while it
is not obliged to buy all bills that are offered, is accustomed to
purchase all that comply with its requirements. The whole theory
of the English system is based on the keeping of balances with the
Bank of England which are immediately convertible into cash, and
the rediscounting of paper with the bank to obtain cash.
The Bank of England rate of discount, which is fixed at the
weekly meeting of the Board of Directors and is published on
Thursdays, moves up or down primarily in accordance with the
law of supply and demand. If the demands are heavy and the
supplies of funds are low, the Bank increases its rate, which
discourages borrowing. If the opposite condition prevails, the rate
is lowered and borrowing is correspondingly stimulated.

13

Classes of English Bills

The two classes of bills or acceptances most largely dealt in
by the London market are the "trade bill" and the "finance bill."
The former is the result of one merchant selling goods to another.
The seller draws on the buyer; the latter accepts the paper and
returns the bill to the seller, who discounts it with his banker, or
in the open market. The "finance bill" may represent exchange
transactions ; it may be for the purpose of carrying stocks of goods
or securities, or in the anticipation of public loans; or it may be
merely for accommodation. All finance bills, except the last named,
when properly accepted, are eligible for rediscount by the Bank
of England.
An essential part of these bills of exchange consists of bills
drawn on bankers and accepted by them on behalf of customers in
accordance with arrangements previously made. These "bank
bills," while usually drawn to liquidate a commercial transaction,
being accepted by a bank, become of a higher quality than mercan-
tile acceptances, unless the latter are of the highest standing.
These "bank" or "prime" bills are discountable at the lowest mar-
ket rates. As the quality of the acceptance becomes lower, the
rates for its discount rise in proportion to the possible risk. Gen-
erally, in the London market, the rate for trade bills is one-half of
one per cent, higher than for bank bills. In the English money
markets, close watch is kept on the amount of paper that is dis-
counted by each of many thousands of firms. A house that ap-
pears to be over-extending its credit is immediately made aware of
the prevailing opinion by finding that its bills are selling below
the market, or by the rates being raised for additional acceptances
that it seeks to discount.
British Banks Governed by Traditions
It is this uniformity of security that has made possible the
great public discount markets in London and the other leading
financial centers of Europe. The English banks are legally re-
stricted only in regard to bank notesnot as to their banking
operations. They may open as many branches as they like; they
may make any kind of advances they choose; the form of their

14

investments or reserves is not governed by any Act of Parliament.

In fact, the English bank uses its reserves whenever it considers
it necessary. But although these British financial institutions seem
to be a law unto themselves, they are actually governed by tradi-
tions, unwritten laws and public opinion. These forces keep
them to a high standard of excellence and banking conduct.
Documentary Bills or Drafts
The bulk of payments through London foreign banksthose
engaged particularly in international tradeis on the basis of docu-
mentary bills or drafts. These are drafts accompanied by bills of
lading (full sets), invoice copy and insurance certificates. There
are also so-called "clean bills," unaccompanied by such documents.
The documentary drafts are drawn either against payment (d/p)
or against acceptance (d/a). In the case of documents against
payment, it frequently happens that the drawee pays before the
draft falls due, if, for instance, he has resold the goods and needs
the documents. In this case, he receives an interest allowance,
generally one per cent, below the central bank discount rate.
Only partial advances are made in England to drawers on d/a
drafts, and even these are not readily granted. These acceptances
are more readily taken as collateral in loans or current accounts
(over-drafts), or fully discounted.
These documentary drafts are usually drawn at from two to
six months. The interest clause becomes more and more import-
ant as the distance and time of transit of documents between the
shipping or receiving point of the goods and London increases.
In London's dealings with the Far East, for example, the drawee
has to pay, in addition to the face value of the draft, a certain
interest until the approximate day of the receipt of the return
funds in Europe. Such drafts contain this clause: "With interest
at

per cent, per annum added thereto from the date hereof to
approximate due date of arrival of the funds in London."
The major portion of the business of the English banks In
overseas settlements is to take up documentary drafts, either for
collection or for payment and advances thereon, or for acceptance
on a commission basis. Occasionally, the buyer on the other side

15

of the world has a credit with the bank in London, from which he
authorizes the latter to pay invoices. This is the very best of
all methods of financing shipments.
Safeguards of English Banks
The mere collection of drafts is only a very small part of the
activities of British banks. Most London banks decline specifi-
cally to assume any liability for losses in connection with drafts;
for documents that they handle; for merchandise that they may
be called upon to take over; for the solvency or the remittances
of their agents or correspondents, etc. While they safeguard
themselves in every way consistent with sound and conservative
banking principles, they undertake to use all care and diligence in
the interest of their clients. As a rule, the English usage is that
the customer shall assume the costs of collecting the drafts and
of forwarding the proceeds . to the seller. For this reason, the
drafts either include these expenses in their face value or bear
the clause "charges for collection to be added," or, on South Africa
and Australia, "remitting exchange to be collected."
Advances on Consignments
In addition to partial or total advances on drafts, and even to
their outright purchase, English banks make advances on con-
signments. In such cases, the signature of the drawer of the draft
forms one part of the security, and the goods the other. If the
goods are to be turned over on acceptance of the draft, the bank
retains a lien on the goods, which remain practically mortgaged to
the bank until the draft is paid. The bank's rights are acknowl-
edged in a "letter of hypothecation," which reads, in part, as
follows
:
"The above shipment, the goods and the proceeds thereof are
to be treated as specially hypothecated to you by way of collateral
security." Or, "the said goods in the meantime, and their pro-
ceeds or any part thereof, to be held by in trust, on
your behalf, for the payment of the said sum." The bank can

16

instruct the consignee regarding fire insurance, sale, etc. The

recipient of the advance also specially binds himself to guard the
bank against any loss in connection with the failure to sell, etc.
The consignee signs a "letter of lien" or a "letter of trust," which
says : "We hereby engage to receive and hold the said goods in
trust in your behalf, to have them duly stored, insured against
fire, and to remit to you the proceeds as and when sold."
Other Methods of Financing Shipments
Still another method of financing foreign shipments, and one
that is more generally used by the London banks, is to permit the
shipper to draw on them, promising to accept the draft. In this
case, the bank must be secured before the maturing date of the
acceptance. This method is very advantageous to the exporter, be-
cause an acceptance by a first-class English bank can always be
turned into cash at the lowest market rate at once, and for its full
amount. The bank is not out any money, and provides for being
fully secured before the date when the acceptance has to be taken
up. Here the accepting bank acts as an agent for the buyer and
takes control of the goods, turning them over against a letter of
trust or promissory note, or it stores them at destination and
delivers them against the buyer's warrants.
Another phase of this transaction, where the bank authorizes
the seller to draw and promises to accept the draft, is the con-
firmed letter of credit, by which the bank binds itself to accept
drafts to a certain stipulated amount.
17-
Chapter III
GERMAN AND FRENCH SYSTEMS OUTLINED
THE
English system has been outlined in considerable detail
because the methods of other countries, especially Germany,
have been largely adapted from it. There are not in the English
system, however, the extensive ramifications of long-term industrial
credits that are found in the German system, which is partly due
to the peculiarly intimate connection between banks and industrial
enterprises that is characteristic of Germany. While the British
overseas banks and export merchants furnish adequate accommo-
dations to foreign customers, they have shown a consistent tend-
ency to keep down the length of credit terms, preferringother
things being equalto let the trade go rather than encourage a
policy which, from their long experience, they believe to be harmful.
The long-term credits that the Germans were accustomed to
extend in Latin-America, in the Far East and in other export mar-
kets, it is important to note, were not credits given by manufac-
turers, but by the export merchants with or without the financial
assistance of certain banks. The German export merchant, as a
rule, purchases from the manufacturer on the basis of making
payment within 30 days, the usual stipulation being that he shall
have the goods in his possession before settling. There has been
a growing tendency of late years, however, to eliminate the export
merchant as an economic factor in Germany, and for the manu-
facturer to do business direct in overseas markets on a cash or a
short-term credit basis. By eliminating interest charges and mid-
dlemen's profits, this makes for lower prices.

18

Operations of the Reichsbank

The great Reichsbank, a private institution,
with private
means, yet under the control of the State, dominates the German
banking system and the German money market. The Reichsbank
dictates the discount rate and the rate for loans. The great banks
of Germany are in constant intercourse with it, and are the Reichs-
bank's so-called "giro" customers. "Giro" is a Spanish word,
meaning the circulation of specie or bills of exchange, and as used
in Germany signifies that, in place of making cash payments to one
another, these banks can use the Reichsbank as a clearing house.
The principal business of the Reichsbank is the discount of
short-term bills of exchange, and particularly mercantile bills.
Credit and finance bills, as a rule, are excluded from its transac-
tions. The soundness of this practice is obvious. A bill is based
upon a real money claim and is, to a certain extent, a security in
itself. It is secured by the business capital already employed, and
when discounted it discharges the economic function of liquidating
that portion of the producer's capital contained in the goods. It
releases the fixed capital in the goods and makes it available for
another operation. The Reichsbank and the other banks of Ger-
many encourage the use of bills in both internal and foreign trans-
actions, and are themselves large acceptors of bills. Thus, they
have become important factors in the development of the great
banking system of the country.
Bank Acceptances in Germany
In Germany, the direct "trade acceptance" has been displaced
by the bank acceptance. This is due to the custom of merchants
drawing on their bankers instead of on the purchasers of their
goods, and using the banker's acceptance in paying their creditors.
Most of the German bills are accepted on the basis of their indi-
vidual credit standing, and not against collateral, as is the case
in England. The development of this practice is explained, to a
certain extent, by the large participation of the great banks in a
vast number of industrial enterprises. German banks are repre-
sented on the boards of directors in numerous undertakings of the

19

most varied character throughout Germany, and give them special

support in their credit transactions.
In selling a bill of goods, the merchant or manufacturer will
arrange with his bankers to draw on the latter for the amount,
thus anticipating payment for the goods. When so accepted, the
bill is sold to other bankers, or in the open market. When thus
indorsed, it becomes "prime" paper and eligible for rediscount at
the Reichsbank.
All classes of domestic exchanges in Germany are, to a large
extent, adjusted by means of these bank acceptances, which consti-
tute about 80 per cent, of the bills held by banks. The credit stand-
ing of the drawee makes the acceptance readily discountable in the
private market. The judgment of the market prevents excesses
through inflating the acceptance credit. When there is too much
of it outstanding, the market reacts. The grantor of the credit,
therefore, naturally is careful not to do anything to shake the
confidence of the market in himself.
Financing Germany's Overseas Trade
Imports are financed by the banks of Germany in practically
the same way as in England, and with similar safeguards. In
financing exports, the German merchant, selling on six months'
time and wanting immediate cash, does not draw on the overseas
buyer, for that is not in the terms of sale and the draft would not
be accepted. The seller arranges with his banker to accept a draft
drawn on the strength of the sale. This "banker's acceptance,"
which is usually drawn for three months, but which may be re-
newed, is generally at the rate of
^4
of 1 per cent, for the three
months, to which must be added revenue stamps and brokerage.
The exact amount of the acceptance commission is regulated by
the desirability of the acceptance as determined by the open dis-
count market.
Bills of Exchange in France
The widespread use of bills of exchange in France is due, in a
large measure, to the liberal policy pursued by the Bank of France
in relation to the discount of such paper. Together with gold and

20

silver, commercial paper forms the basis of the note issue. Com-
mercial paper of a certain quality is interchangeable with bank
notes.
The Bank of France is a privately owned corporation and,
with its nearly 600 branches, covers all France. It opens accounts
with anyone known to it, and discounts for anyone who has ob-
tained that right. In the Paris offices, a little more than half the
paper discounted is for less than 100 francs (normally about
$20),
and the average count is five francs. Bills, commercial and agricul-
tural warrants of fixed maturity, which have not more than three
months to run and bearing three signatures, two of which are of
parties domiciled in France and known to be solvent, are freely
accepted. Two-name bills are accepted only when accompanied by
satisfactory collateral. Warehouse receipts are also received.
The private banks lend largely on two-name paper, and by
adding their own indorsement make it a three-name paper eligible
for rediscount at the central bank. These private banks also
discount each other's acceptances. The usual rate for accepting
is
l
/^
of 1 per cent, for three months ; sometimes it is as low as 3/16.
Acceptances Replace Open Accounts Abroad
From the foregoing necessarily brief outline of the acceptance
and draft systems in vogue in the three principal trading and
banking countries of Europe, it will be seen that in these countries
the open account is replaced by the bill of exchange, or time draft.
The acceptance, or time bill of exchange, is immediately convert-
ible into cash and, together with the check, forms the perfect med-
ium of large payments, just as the bank note forms the perfect
medium of small transactions. Quick redemption, expansion and
contraction with the fluctuating needs of business make the check
and the bill of exchange ideal credit instruments, for they are both
economical and efficient.
An acceptance, or time bill of exchange, is superior to a
promissory note in having behind it the responsibility of the
maker, the responsibility of the acceptor and a specific shipment
of goods, which presumably are to be resold during the life of
the instrument and thereby provide means of payment. Abroad,

21

these drafts and acceptances circulate from hand to hand exactly

as checks do in this country. There is an obvious necessity for
meeting them when they fall due, because otherwise the acceptor
would soon lose his credit standing and have to go out of business.
Furthermore, they provide a complete separation between com-
mercial credits and investment credits, which have been so con-
fused under the American method that the distinction is often
lost sight of.
-22-
Chapter IV
THE AMERICAN CREDIT SYSTEM
THE
history of bills of exchange in the United States runs back
to Colonial times. They were then used for many purposes,
but were mostly devices of the State to be employed in lieu of
metallic money. They were not true '"trade bills," for a com-
paratively small proportion of them arose from commercial trans-
actions.
After the birth of the United States, and up to the Civil War
period, there was a steady increase in the proportion of this coun-
try's business done through the medium of bills drawn by the seller
of the goods on the buyer. These "acceptances," as they were
called, stood high and played a prominent part in the commercial
affairs of the country. Generally speaking, in proportion to the
volume of business done, acceptances were then as largely em-
ployed as they were in England during that period.
The Civil War, however, brought an aftermath of the whole-
sale demoralization of credit throughout the United States. Out
of this grew the peculiarly American system of cash discounts.
Cash Settlement of Bills
For a number of years after the close of the Civil War, credits
were uncertain, interest rates were high and the cash settlement
of bills was, therefore, unusually desirable. The cash discount be-
came the customary inducement for the settlement of bills, and
varied, as it does now, but within wider limits, according to
whether payment was spot cash or in ten or thirty days' time.
Because of the high interest rates, these cash discounts had to be
sufficiently large to spur the buyer to borrow funds and use them

23

for the prompt settlement of his commercial debts. This method

relieved the seller of all responsibility for carrying the account,
and consequently was of distinct advantage to him. On the other
hand, if a buyer was not able to avail himself of the cash discount,
it became a fair assumption that he was not in sufficiently good
standing with his bank to be in a position to borrow the money
that he needed for that purpose, and this fact cast a certain dis-
credit upon him. Subsequently, as interest rates became less,
cash discounts became smaller, until, as at present in many lines
of trade, the rate of these cash discounts and the bank discount
rate approach a parity.
Some Drawbacks of Cash Discounts
Out of this system of cash discounts, however, another evil
grew, and one that still prevails. Debtors frequently exceed the
discount period as stated on the invoice, and when paying their
bills deduct the discount anyway. Sellers, owing to close com-
petition, are often inclined to permit this practice, thus allowing
the buyers to gain an unfair advantage, not only over their com-
petitors, but also over the sellers themselves. The seller, there-
fore, is compelledor at least is temptedto figure his prices high
enough to stand this improper deduction. This, of course, works
to the disadvantage of the buyer who scrupulously observes the
invoice terms of 30 days net, 2 off 10; or 90 days net, 4 off 30 and
6 off 10, or whatever they may be.
Still another drawback of the cash discount system, as a whole,
is that being temporarily unable to discount his bills is an onerous
tax on the purchaser of limited means who is thoroughly reliable.
In his case, as in the case of others, it is often difficult and incon-
venient to make a separate loan to cover each bill or group of
bills when they come in. One way of looking at the cash dis-
count is in the light of a fine for letting an account go to maturity.
The debtor who does not pay his account when it is due, but lets
it go as long as he can without being sued, actually pays no more
for his 60 or 90 or 120 days' credit than the one who settles the
account on its due date, 10, 15 or 30 days after the date of invoice.
The open account system, on which the cash discount practice
rests, is relatively little used in Europe. It is there regarded as a

24

method by which the slow-paying buyer can use the seller as his
involuntary
banker without paying for the accommodation and
risk.
Claims
Arising in Settlement of Bills
Still another objection to the open account system is that
claims are made at the time of settlement of bills
a
constant
source of annoyance. A merchant's invoice sold on open account
generally states the terms of sale, or the date when that invoice is
due and payable.
Notwithstanding
this, open accounts are prac-
tically payable at the will of the debtor. If they are not paid
on request, the seller must sue, and must legally swear to the just-
ness of his account and dispute any contention to the contrary.
He must be able to prove his account, but before he can do so he
runs the risk of counterclaims, setoffs and other troubles that must
be contested successfully.
There is nothing to indicate the obligations between the buyer
and seller except open accounts on the books of each. If the
seller, in anticipation of the settlement of some of his book accounts,
wishes accommodation at his bank, he must borrow upon his note.
If he uses his credit instead of collateral, he furnishes the bank
with a statement of his assets and liabilities. That is all the pro-
tection a bank has in such a case. It is but natural, however, that
a bank having the accounts of various business houses should feel
obliged to extend them certain lines of credit in accordance with
their responsibility and borrowing
requirements.
Use of Single-Name Paper
In recent years, it has become customary for merchants pre-
senting good statements of their condition to sell their promissory
notes to the public through brokers in commercial paper. These
notes are offered to the banks and are largely purchased, ulti-
mately, by investors who wish to find employment for their sur-
plus funds. A considerable proportion of these notes is single-
name paper, which is sold solely upon the credit standing of the
maker. The only responsibility assumed by the broker is for the
genuineness of the signature. When money is easy, there is a

25

wide market for this class of commercial paper, but its buyers
must depend entirely on such credit information as they can obtain
regarding its intrinsic value. These instruments of credit

plain
notes of handare therefore bought and sold on faith alone. Gen-
erally, their makers furnish financial statements only once a year
and, naturally, at the period when their business is in the most
favorable financial condition. It is, of course, very difficult to
ascertain exactly the volume of paper a certain maker may have
outstanding at a given time, and there is no indication as to the
occasion of its origin.
Single-Name Paper Replaces Merchandise Notes
The use of single-name paper dates from the Civil War period.
Prior to that time, merchandise notes were largely used, running
for six months, and even longer. The financial derangements that
followed the Civil War, however, increased the uncertainty of
value of these long-term credit instruments. The period of credit
was shortened and concessions were made for quick settlements.
At this writing, single-name paper predominates in the Ameri-
can market. There are several firms that are said to handle more
than a hundred millions annually.
While the market for single-name paper has been great in
volume, it has been restricted in no small degree, so that a consid-
erable proportion of it is comprised of notes made by firms of
large capital and easily ascertainable credit standing. Some
brokers, in fact, will not handle paper of concerns having less
than $500,000 assets. This form of borrowing, however, has
spread to smaller and weaker concerns.

26

Chapter V
THE ADVANTAGES OF ACCEPTANCES
THE
relative advantages and disadvantages of the acceptance
form and the practice of borrowing in the open market on
single-name paper have been the subject of much controversy. It is
pointed out, for instance, that it is much simpler for a merchant
to sell ten notes of $5,000 each and pay two or three hundred bills
with the proceedsavailing himself of the cash discountthan it
would be for him to put several hundred trade acceptances into
circulation. Obviously, the cost of bookkeeping and collection
would be less in the case of the few notes than for the many
acceptances. Of course, the seller of the notes has to draw as
many checks as he has bills to pay, but the checks are quickly
redeemed and pass out of existence. The checks do not involve
as much bookkeeping as a similar number of acceptances.
Question of Clerical Work
This question of clerical work concerns the banks also. The
average man does not realize the amount of detail involved in
the handling of discounts by a bank. There is a manufacturer,
for instance, who takes notes in payment of his output and dis-
counts them at several banks. Owing to the large volume of
paper that the banks have to handle, he is paying
J
/
2
oi 1 per cent,
of the face value of the notes to cover clerical hire. This just
about covers the cost to the banks.
If a business house of large size should make a practice of
taking an acceptance for every invoice, or should turn all its open
accounts into acceptances once or twice a month, it would natu-
rally follow that it would give to its bank a thousand different
pieces of paper, instead of one or two. Under the circumstances,
the bank would obviously be justified in making an equitable
charge for the extra amount it would have to spend for clerical

27

labor in order to handle the flood of acceptances. On the other

hand, the merchant would gain an advantage by using the accept-
ance instead of the open account system with his customers, and
this advantage would more than offset the trifling additional ex-
pense of the bookkeeping in the bank and in his own office.
In Europe, acceptances are used much more freely than checks,
and this detail of bookkeeping expense has adjusted itself. In this
country, where the check is employed more freely than anywhere
else in the world, no doubt the growth of the acceptance system
will eventually decrease the volume of checks, and thus, through
the working out of the old laws of compensation, the clerical ques-
tion will reach an equilibrium.
Matter of Collection Charges
An additional expense in connection with the acceptance busi-
ness, but one which also applies in the use of checks, is that in-
volved by collection charges on out-of-town items.
Under clearing house regulations, charges are made on various
points for collecting both bankers' and trade acceptances, as well
as checks or drafts. These charges range, in the case of the New
York Clearing House, from 1/40 to 1/10 of 1 per cent, on bankers'
acceptances, while a flat charge of 1/10 of 1 per cent, is made on
trade acceptances, notes, etc. The collection charges on bankers'
acceptances are, therefore, less than those on trade acceptances,
and they also average lower than those on checks or drafts.
In many instances, it is important to note, no charge at all is
made, particularly on bankers' acceptances. With the broader de-
velopment and application of the facilities of the Federal Reserve
System, moreover, the number of par points is steadily increasing,
and it seems probable that the entire country will, in time, be placed
upon a par basis.
Credit Facilities Increased by Acceptances
One of the objections to domestic accceptances is based on the
ground that their negotiation by the banks in the open market of
discount would deprive commercial houses of selling, as heretofore,
their own single-name notes. It has been a common banking
experience, however, that the open market of discount for bank

28

acceptances is entirely separate from, and does not interfere with,

the discount of single-name commercial paper, which will con-
tinue to be handled on the same basis as before bank acceptances
came into existence. Banks having surplus funds to invest will
always be attracted by the commercial paper of a responsible
house. Instead of curtailing their facilities, bank acceptances may,
on the contrary, enlarge the financial accommodations put at the
disposal of reliable firms and corporations. For example, a bank
or discount house may purchase the single-name notes of a cer-
tain concern up to $50,000;
this transaction will not prevent the
same bank from purchasing even a larger amount of bills drawn
by the same firm and accepted by responsible banks, the liability
and credit of which will mostly be taken into consideration in this
second transaction.
The tendency of trade acceptances, therefore, is toward in-
creasing a merchant's banking facilities. As it is now, the
merchant makes an arrangement with his bank for a certain line
of credit. As a rule, the basis of this is his statement, which in-
cludes accounts receivable of whose nature the banker knows
nothing, unless the merchant has gone so farwhich is unusual

as to have his business thoroughly examined and audited by a

certified public accountant who reports not only on the arithmetic
of the business, but also as to the character and soundness of all
its resources. On the other hand, acceptances indicate the class
of trade a merchant is dealing with. In other words, it enables
the bank to check up the acceptor. The banker is primarily a
dealer in credit, and it is to him the public looks to keep the
credit machine in good order. The acceptance system helps the
banker to keep sound the credit structure over which he presides.
Cash Discounts and Acceptances
Trade acceptances need not interfere with cash discounts. If
an invoice were paid in ten days, with a deduction of the cash dis-
count, the acceptance could be returned unsigned, accompanied by
the check in settlement of the bill that the acceptance covered.
Or, if it should be found desirable to anticipate maturities after
acceptances had been signed, the bank, if it desired to aid in
creating acceptances, would be willing to rebate the interest for

29

the unexpired time. This is a common practice with foreign ac-

ceptances where documents are attached and only deliverable on
payment of the draft. Such drafts are drawn at 60 or 90 days'
sight, with the understanding that if the acceptor desires to take
up the draft and papers prior to maturity, the interest will be
rebated
proportionately.
Acceptances Not Detrimental to Credit System
Another objection that has been urged against acceptances is
that they would prove a detriment to the credit system.
For the sake of argument, contend those who regard accept-
ances as undesirable from that point of view, take the case of a
small manufacturerin the cloak and suit business, for example.
His business represents a $10,000
investment. His assets consist
of outstanding accounts, $5,000;
merchandise, $2,800;
cash, $1,000,
and fixtures, $1,200. He owes $4,000 to merchandise creditors.
He is doing a business of $50,000 a year, and makes a fair profit.
The trade acceptance idea strikes him favorably, and he takes ac-
ceptances for the goods he sells, receiving them on the delivery
of the merchandise. He suddenly awakens to the fact that he has
$5,000
worth of negotiable paper on hand, instead of that much
in open accounts outstanding. He borrows money from the bank
on these acceptances. He begins to see possibilities of doubling
or even trebling his profits if he can get enough cash to operate
with. He has no excess orders on hand, nor are there any in
sight to warrant his expansion. He takes the $5,000 he has re-
ceived for his acceptances and buys more merchandise, increasing
his liabilities. He moves into larger quarters and adds to his over-
head expense.
Result of Unwarranted Expansion
Meanwhile, the orders have not been coming in as fast as he
expected or hoped, and he realizes that he is overstocked. He
becomes alarmed and begins sacrificing his merchandise, with the
result that he soon finds himself a heavy loser. His notes are
falling due and he cannot meet them. A meeting of his creditors
is called. The bank is not particularly interested, for it is well
secured and is not likely to lose anything. Other creditors settle

30

for about 30 cents on the dollar. If the manufacturer had not been
able to hypothecate his outstanding accounts, claim those who argue
along this line, he would not have failed.
That such an argument is fundamentally wrong, and that it is
the man and not the system that is to blame, will be obvious to
anyone who considers this hypothetical case. The manufacturer,
of course, should have used the $5,000 he realized from his accept-
ances to pay his $4,000
outstanding debts, thus strengthening his
credit standing. With the $1,000
balance he could have safely
bought more merchandise without overstocking. It was the
course that he followednot the manner in which he obtained
the moneythat led to his financial downfall.
One of the duties of every merchant or credit man is to guard
against things of this sortto prevent unwarranted expansion bv
refusing to sell larger quantities of merchandise unless the pro-
spective buyer can produce definite evidence that enlargement is
justified.
Trade Acceptance Aid to Sound Banking
In the discount markets of Europe, the volume of acceptances
put forth by every individual, firm or corporation is closely
watched, and every attempt at over-expansion is checked by the
market itself. A man whose bills are regarded as having reached
the safe maximum indicated by the size and character of his busi-
ness soon finds that if he tries to exceed his limit, as set by the
general judgment of others, there are fewer and fewer buyers
for his acceptances. In fact, the volume of credit and its intrinsic
worth is regulated by the banker, who, as a governor of credit,
can control both the quantity and the quality.
The particular function of banking in connection with accept-
ances and other kinds of commercial paper is to collect the various
obligations and "clear" the transactions as the clearing house clears
checks. Debtors and creditors are constantly trying to get to-
gether and write off their obligations against each other. The trade
acceptance, as it affords the banker a check on both the buyer and
the seller, is a far greater aid to sound banking than the promissory
note. With this new credit instrument, the American banker will
be able to safeguard, as never before, the interests of his clients,
as well as his own.

31

Chapter VI
DEVELOPING THE MARKET FOR ACCEPTANCES
THE
market for acceptances in this country is still in its in-
fancy, but the indications are that its development will be
steady, and along the lines of the great discount centers of Europe.
In London, Paris and Berlin, the^ eyes of the financial community
are always closely fixed on the discount rate. In New York, up to
the time acceptances began to be traded in, the governing rate
was for day-to-day loans on the Stock Exchange. The disadvan-
tage of this, as compared with the European system and with the
Federal Reserve System, is that the latter bear a very decided
relation to trade conditions. The fluctuations of the market for
acceptances and bills of exchange generally depend primarily on
the demand for and the supply of bills which owe their origin to
trade transactions, as balanced against the demand for and the sup-
ply of money. If trade is active, the supply of bills becomes large
and the absorption of loanable funds of the banks is rapid. As these
surplus funds become less and less, the discount rate advances. If
trade is slack, acceptances become fewer, the competition for them
in the discount market is more keen and the rate of discount de-
clines. Low rates are an incentive to business, and advancing
rates act as a natural check. The New York call loan rate, on the
other hand, bears only an indirect relation to trade conditions, as
it registers mainly the speculative and investment demand for
stocks.
Report of New York Federal Reserve Bank
The first annual report of the Federal Reserve Bank of New
York, covering a period of about fifteen months, or from October

32

5, 1914, to the close of business on December 31, 1915, discusses

from the viewpoint of experience the working- out of the Federal
Reserve Act as regards acceptances. It says
:
"The influence of this bank on interest rates and the ex-
pansion and contraction of credits is likely to be exercised
more through its open-market operations than through the re-
discounts of the member banks, or of other Federal reserve
banks ... It should be the policy of reserve banks to
maintain a fairly stable rate on such paper (bankers' accept-
ances and other bills purchased in the open market). Then in
times of expansion or demand for credit, when market rates
rise above theirs, such paper will flow into them in substantial
volume and the gold released in payment will find its way into
the reserves of member and other banks, increasing their credit
power and checking extreme advances in rates. In times of
contraction or abundant credit, when market rates fall below
those of the reserve banks, the investments of the latter will
be absorbed as they mature, by banks and other institutions,
thereby transferring gold from their reserves to the reserve
banks, reducing the credit power of the member banks and
checking extreme declines in rates.
"Similarly, if a sufficient volume of bankers' acceptances
based on imports and exports is developed to create a stable
discount market in New York or elsewhere in the United
States, an international ebb and flow may be effected. When
the dollar acceptance reaches a degree of currency comparable
with that of the sterling acceptance, its use will depend largely
upon whether, on arrival in New "York, it can be discounted at
a rate lower than the rate for sterling acceptances in London.
Those engaged in international business will draw on the city
where their drafts can be discounted at the lowest rate.
"Through the creation of the banker's acceptance, an in-
ternational credit instrument has been introduced into our bank-
ing system which, when developed, is likely to prove a potent
influence in regulating the flow of credit between Europe and
America. It should enable America, in normal times, to regulate
its credit position primarily by recourse to the European market,
thereby rendering domestic rate fluctuations less violent. Greater
stabilization of interest rates is one of the most valuable con-
tributions the system is capable of making to the orderly prog-
ress of business.
"The reserve bank and the market rate for the discount of
such bills in New York has been for nearly a year and is now
lower than the rate for similar bills in London. The relatively
small volume of such credits which American banks have sue-

33

ceeded in making operative even under the unusually favorable

opportunity which the war presents for their extension is evi-
dence of the difficulty which will be encountered in developing
the acceptance business in the United States. Some of the
fundamental difficulties are:
"(1) The disinclination
to break old banking connections.
"(2) The difficulty of educating handlers of bills in distant
places as to American credits.
"(3) The lack of bill buyers in foreign countries who will
quote as low rates on dollar as on sterling bills.
"(4) The natural prejudice of bill buyers in foreign coun-
tries in favor of a bill of known currency and against a bill of
as yet unknown currency.
"(5) The lack of men trained to exercise the judgment and
financial responsibility required of them as managers of branches
or agencies which American banks might establish in foreign
countries.
"(6) The inferior
communications for both goods and mails
between the United States and foreign countries as compared with
those between Great Britain and foreign countries.
"Only time, experience, and patient effort will remove these
handicaps to the elevation of dollar exchange to its proper posi-
tion in international finance. The business, however, is developing
and will continue to grow as our banking machinery and connec-
tions extend throughout the world.
"The Act permits member banks to accept an amount of bills
not exceeding
50 per cent, of their capital and surplus. By the
amendment of March
3, 1915, under certain conditions they may
be authorized by the Federal Reserve Board to accept up to 100
per cent, of the capital and surplus.
"As this bank has probably been the largest single purchaser
of bankers' acceptances, it has been able, as it gained experience,
to exert some influence toward standardizing practice and form.
The acceptance of drafts in one city payable in another city has
been discouraged; insistence that bills shall be so indorsed as to
leave open no question of title will, when universally adopted, add
greatly to the ready negotiability of bills; and discussion of the
terms of the regulation with acceptors and bill brokers has led to
a better understanding of the scope of the field it covers.
"The amended regulation issued September
7, 1915, consid-
erably broadened the field of acceptances eligible for purchase
and encouraged an increased volume of these instruments. The
further amended regulation issued December 4, 1915, covering the
purchase of bankers' acceptances arising out of domestic trans-
actions relates to a class of bills which national banks are not
authorized to accept. When accepted by institutions of high credit,
they have a ready market, though at a fractionally higher rate than
acceptances based on foreign transactions."

34

The American Exchange National Bank was one of the first

members of the Federal Reserve System to apply for and receive
authority to accept bills up to 100 per cent, of its capital and sur-
plus of
$8,000,000, which has since been increased to $10,000,000.
Acceptances Benefit Both Buyer and Seller
The trade acceptance is advantageous alike to the seller and
to the buyer of goods. It brings about a closer relationship be-
tween them and inspires the greater mutual confidence which is
the basis of all commerce and credit. It enables the seller to
dispose of his goods to better advantage, because it affords him
increased and improved facilities for financing his business through
the possession of available and liquid credit. Each buyer is him-
self a seller; each seller is himself a buyer. Therefore, the trade
acceptance benefits both in an equal degree. It gives neither an
actual advantage over the other.
The trade acceptance give both buyer and seller a better and
stronger sense of responsibility regarding their obligations, not
only to each other, but also to the banks that aid them in their
business. The trade acceptance does not decrease buying power;
it is a safeguard against over-buying.
General Use of Acceptances Urged
The trade acceptance enables business to be transacted at a
smaller operating cost. It reduces the amount of losses through
bad debts. It affords adequate relief from the tendency to take
so-called cash discounts after their legitimate term has expired.
Employed properly and consistently, the trade acceptance will
give every merchant or manufacturer a bigger and better place
in the business world.
The trade acceptance should come into common use in the
United States. It is not an experiment. It has been employed
for generations in other countries, and has taken a vital part in the
development and expansion of their commercial and financial life.
Not until the trade acceptance is generally understood, and is as
universally used here as it is abroad, are we to reap the full benefits
of the Federal Reserve System.

35

Broadening the Market for Acceptances

The market for acceptances has been considerably broadened
by the
enactment of an amendment to the banking laws of New
York State and other States, permitting savings banks, under the
specified
conditions, to invest in acceptances. The amendment to
the New York State law, which became effective on April 22, 1918,
is as follows:
"Bankers' acceptances and bills of exchange of the kind and
maturities made eligible by law for rediscount with Federal reserve
banks, provided the same are accepted by a bank, national banking
association or trust company, incorporated under the laws of the
State of New York or under the laws of the United States and
having its principal place of business in the State of New York.
Not more than twenty per centum of the assets of any savings
bank, less the amount of the available fund held pursuant to the
provisions of Section 251 of this Chapter, shall be invested in such
acceptances. The aggregate amount of the liability of any bank,
national banking association or trust company to any savings bank
for acceptances held by such savings bank and deposits made with
it shall not exceed twenty-five per centum of the paid-up capital and
surplus of such bank, national banking association or trust com-
pany, and not more than five per centum of the aggregate amount
credited to the depositors of any savings bank shall be invested in
the acceptances of or deposited with a bank, national banking
association or trust company of which a trustee of such savings
bank is a director."
Growth of Acceptance Operations
The development of the market for acceptances in this country
is illustrated in the fifth annual report of the Federal Reserve Bank
of New York, covering the calendar year 1919. In that part of the
report relating to acceptances and the discount market, the pur-
chases of bankers' acceptances and indorsed trade bills by the
bank for its own account and for the account of other Federal
reserve banks are given by months, and indicate a combined aggre-
gate of more than $1,960,000,000 for the year. While there was a
natural fluctuation in the volume of these operations, the general
tendency was unmistakably in the direction of expansion, and it is
also significant that the amount of domestic trade bills discounted
and purchased by the bank increased nearly $14,000,000 over the
1918 total.

36

In its report covering operations for the year 1920, the Federal
Reserve Board reviews the further development of the acceptance
market during that period, in part, as follows
:
"Appreciable progress has been made during the past year
in the development and broadening of the market for bankers'
acceptances.
"The purchases of bankers' acceptances by all the Federal
reserve banks were larger during 1920 by approximately $300,-
000,000 than in 1919. This increase is not excessive or remark-
able, however, when consideration is given to the large volume
of business transacted which called for acceptance credits by
banks and bankers. The principal market into which bankers'
acceptances flow from the entire country is New York, and it
follows, therefore, that the Federal Reserve Bank of New York
must bear the brunt of the burden of sustaining and developing
the market. This bank during 1920 purchased bankers' accept-
ances for its own account and for the account of other Federal
reserve banks in value about $447,326,000 greater than in 1919,
this increase for the New York bank being largely offset by
decreases in amounts of open-market purchases by other Federal
reserve banks within their own -districts.
"The pressure upon the Federal Reserve Bank of New York,
caused by these purchases, has been relieved and distribution of
bills effected by sales to member banks and by allotments to
other Federal reserve banks. The development of the accept-
ance market in New York has been aided, also, by special accept-
ance service offered to its member banks by the Federal Reserve
Bank of New York. The bank purchases for its member banks
indorsed bills of the kinds and maturities which it is accustomed
to purchase for its own account, carries them in custody, sells
them when desired, and collects them at maturity. This service
is rendered without charge, and has made it easy for any member
bank to keep excess funds employed constantly and profitably
through continued or occasional investments in prime bills."
37-
Chapter VII
AMENDMENTS TO THE FEDERAL RESERVE ACT
IMPORTANT
amendments, affecting acceptances, were made to
the Federal Reserve Act, and became effective on September 7,
1916, and on June 21, 1917, on their approval by the President.
Subsequent amendments to the Act are discussed further along in
this chapter, beginning on page 43.
Section 13 of the Act relates particularly to commercial paper.
The changes made therein widen considerably the field of banking
activity, especially as regards domestic acceptances and bills of
exchange. The amendments, therefore, are of noteworthy interest,
not only to the financial institutions directly concerned, but to all
classes of trade and industry doing business with them. In this
and the following paragraphs quoting these amendments, the
changes from the wording of the original Act of December 23, 1913.
are indicated by the new matter being set in heavier type, the words
stricken out being enclosed in brackets
:
'&
"Any Federal reserve bank may receive from any of its
member banks, and from the United States, deposits of current
funds in lawful money, national-bank notes, Federal reserve
notes, or checks, and drafts [upon solvent-member banks],
payable upon presentation, and also, for collection, maturing
notes and bills; or, solely for purposes of exchange or of col-
lection, [purposes] may receive from other Federal reserve
banks deposits of current funds in lawful money, national-bank
notes, or checks [and drafts] upon [solvent-member or] other
Federal reserve banks, and checks and drafts, payable upon
presentation within its district, and maturing notes and bills
payable within its district; or, solely for the purposes of ex-
change or of collection, may receive from any non-member
bank or trust company deposits of current funds in lawful
money, national-bank notes, Federal reserve notes, checks and

38

drafts payable upon presentation, or maturing notes and bills:

Provided, Such non-member bank or trust company maintains
with the Federal reserve bank of its district a balance suffi-
cient to offset the items in transit held for its account; by the
Federal reserve bank: Provided further, That nothing in this
or any other section of this Act shall be construed as prohib-
iting a member or non-member bank from making reasonable
charges, to be determined and regulated by the Federal Re-
serve Board, but in no case to exceed 10 cents per $100 or frac-
tion thereof, based on the total of checks and drafts presented
at any one time, for collection or payment of checks and drafts
and remission therefor by exchange or otherwise; but no such
charges shall be made against the Federal reserve banks.
"Upon the indorsement of any of its member banks, which
shall be deemed [with] a waiver of demand, notice and protest
by such bank as to its own indorsement exclusively, any Fed-
eral reserve bank may discount notes, drafts, and bills of ex-
change arising out of actual commercial transactions; that is,
notes, drafts, and bills of exchange issued or drawn for agri-
cultural, industrial, or commercial purposes, or the proceeds of
which have been used, or are to be used, for such purposes,
the Federal Reserve Board to have the right to determine or
define the character of the paper thus eligible for discount,
within the meaning of this Act. Nothing in this Act contained
shall be construed to prohibit such notes, drafts, and bills of
exchange
, secured by staple agricultural products, or other
goods, wares, or merchandise from being eligible for such dis-
count; but such definition shall not include notes, drafts, or
bills covering merely investments or issued or drawn for the
purpose of carrying or trading in stocks, bonds, or other in-
vestment securities, except bonds and notes of the Govern-
ment of the United States. Notes, drafts, and bills admitted- to
discount under the terms of this paragraph must have a ma-
turity at the time of discount of not more than ninety days,
exclusive of days of grace;
"Provided, That notes, drafts, and bills drawn or issued for
agricultural purposes or based on live stock and having a ma-
turity not exceeding six months, exclusive of days of grace,
may be discounted in an amount to be limited to a percentage
of the [capital] assets of the Federal reserve bank, to be ascer-
tained and fixed by tbe Federal Reserve Board."
The next succeeding paragraph of the original Act, beginning:
"Any Federal reserve bank may discount acceptances which are
based on the importation or exportation of goods," etc., is stricken
out entirely.

39

The paragraph that follows is changed as indicated by the type

"The aggregate of such notes, drafts, and bills bearing the
signature or indorsement of any one borrower, whether a per-
son, company, firm, or corporation, rediscounted for any one
bank, shall at no time exceed ten per centum of the unimpaired
capital and surplus of said bank; but this restriction shall
not apply to the discount of bills of exchange drawn in good
faith against actually existing values."
The next paragraph is entirely new
:
"Any Federal reserve bank may discount acceptances of
the kinds hereinafter described, which have a maturity at the
time of discount of not more than three months' sight, ex-
clusive of days of grace, and which are indorsed by at least
one member bank."
Banks May Now Accept in Domestic Transactions
It will be seen that the paragraph which next follows has
been decidedly changed. In its original form, it authorized the
acceptance of drafts or bills of exchange only when they originated
in transactions involving the importation and exportation of goods.
As amended, this portion of the law now permits banks, under
the conditions specified, also to accept similar commercial paper
growing out of transactions involving the domestic shipment of
goods. This, it is obvious, broadens to a remarkable degree the field
for the use of trade acceptances. The paragraph, with the addi-
tions and changes shown, reads as follows
:
"Any member bank may accept drafts or bills of exchange
drawn upon it [and growing out of transactions involving
the importation or exportation of goods] having not more
than six months' sight to run, exclusive of days of grace, which
grow out of transactions involving the importation or exporta-
tion of goods; or which grow out of transactions involving
the domestic shipment of goods, provided shipping documents
conveying or securing title are attached at the time of accept-
ance; or which are secured at the time of acceptance by a
warehouse receipt or other such document conveying or secur-
ing title covering readily-marketable staples. No member
bank shall accept, whether in a foreign or domestic transac-
tion, for any one person, company, firm, or corporation to an

40

amount equal at any time in the aggregate to more than ten

per centum of its paid-up and unimpaired
capital stock and
surplus, unless the bank is secured either by attached
docu-
ments or by some other actual security growing
out of the
same transaction as the acceptance;
and [but] no bank shall
accept such bills to an amount equal at any time in the aggre-
gate to more than one-half of its paid-up and unimpaired
capital stock and surplus: Provided, however, That the Fed-
eral Reserve Board, under such general regulations
as it may
prescribe, which shall apply to all banks alike regardless of
the amount of capital stock and surplus, may authorize any
member bank to accept such bills to an amount not exceed-
ing at any time in the aggregate one hundred per centum of
its paid-up and unimpaired capital stock and surplus: Pro-
vided, further, That the aggregate of acceptances growing out
of domestic transactions shall in no event exceed fifty per
centum of such capital stock and surplus."
Authorized
Collateral for Reserve Bank Advances
Then comes another entirely new paragraph denning the man-
ner in which one bank may lend to another on the security of notes,
drafts, bills of exchange, bankers' acceptances, or other authorized
collateral. It reads
:
"Any Federal reserve bank may make advances to its mem-
ber banks on their promissory notes for a period not exceed-
ing fifteen days at rates to be established by such Federal
reserve banks, subject to the review and determination of the
Federal Reserve Board, provided such promissory notes are
secured by such notes, drafts, bills of exchange, or bankers'
acceptances as are eligible for rediscount or for purchase by
Federal reserve banks under the provisions of this Act, or by
the deposit or pledge of bonds or notes of the United States."
The next paragraph regarding the amendment of Section 5202
of the Revised Statutes of the United States remains unchanged.
The section that follows is changed slightly to make it cover the
widened purposes of the Act:
"The discount and rediscount a'nd the purchase and sale
by any Federal reserve bank of any bills receivable and of
domestic and foreign bills of exchange, and of acceptances
authorized by this Act, shall be subject to such restrictions,
limitations, and regulations as may be imposed by the Federal
Reserve Board."

41

Possibilities for Extension of "Dollar Exchange"
The paragraph which follows is also new, and opens greater
possibilities for the extension of "dollar exchange" in commercial
transactions with other countries. As has been previously shown,
"dollar exchange" gives the American exporter an advantage that
he has never before enjoyedthat of dealing with foreign buyers
and sellers in his own domestic currency, thereby saving the extra
cost of exchange on London, or the other great commercial centers
abroad, and other expenses. This section of the Act reads as
follows
:
"Any member bank may accept drafts or bills of exchange
drawn upon it having not more than three months' sight to
run, exclusive of days of grace, drawn under regulations to be
prescribed by the Federal Reserve Board by banks or bankers
in foreign countries or dependencies or insular possessions of
the United States for the purpose of furnishing dollar exchange
as required by the usages of trade in the respective countries,
dependencies, or insular possessions. Such drafts or bills may
be acquired by Federal reserve banks in such amounts and sub-
ject to such regulations, restrictions, and limitations as may
be prescribed by the Federal Reserve Board: Provided, however,
That no member bank shall accept such drafts or bills of
exchange referred to in this paragraph for any one bank to an
amount exceeding in the aggregate ten per centum of the paid-up
and unimpaired capital and surplus of the accepting bank unless
the draft or bill of exchange is
accompanied by documents con-
veying or securing title or by some other adequate security:
Provided, further, That no member bank shall accept such
drafts or bills in an amount exceeding at any time the aggre-
gate of one-half of its paid-up and unimpaired capital and
surplus."
Sub-section (e) of Section 14 of the original Act is changed
as indicated herewith
:
Establishment of Banking Connections
"(e) To establish accounts with other Federal reserve
banks for exchange purposes and, with the consent [of the
Federal Reserve Board] or upon the order and direction of
the Federal Reserve Board and under regulations to be pre-
scribed by said Board, to open and maintain [banking] ac-

42

counts in foreign countries, appoint correspondents, and estab-

lish agencies in such countries wheresoever it may be deemed
best for the purpose of purchasing, selling, and collecting
bills of exchange, and to buy and sell, with or without its
indorsement, through such correspondents or agencies, bills of
exchange (or acceptances) arising out of actual commercial
transactions which have not more than ninety days to run,
exclusive of days of grace, and which bear the signature of
two or more responsible parties, and, with the consent of the
Federal Reserve Board, to open and maintain banking ac-
counts for such foreign correspondents or agencies. When-
ever any such account has been opened or agency or corre-
spondent has been appointed by a Federal reserve bank, with
the consent of or under the order and direction of the Federal
Reserve Board, any other Federal reserve bank may, with the
consent and approval of the Federal Reserve Board, be per-
mitted to carry on or conduct, through the Federal reserve
bank opening such account or appointing such agency or cor-
respondent, any transaction authorized by this section under
rules and regulations to be prescribed by the Board."
The second paragraph of Section 16 is amplified by adding
drafts, bills of exchange, or acceptances to the collateral security
that may be offered for Federal reserve notes.
Additional Amendments to the Act
Several amendments to the Federal Reserve Act and to the
Revised Statutes were made during the year 1918, but these
changes do not call for extended comment here.
Under the terms of Section 13 of the Act approved April
5,
1918, known as the War Finance Act, the Federal reserve banks
were authorized to discount direct obligations of member banks
secured by bonds of the War Finance Corporation, and to use notes
so secured, if it became necessary, as a basis for Federal reserve
notes. Section 15 empowered the Federal reserve banks to act as
fiscal agents and depositaries of the War Finance Corporation,
while Section 20 amended Section 5202, Revised Statutes, so as to
exempt from the liabilities which may be incurred by a national
bank those incurred under the provisions of the War Finance Act.
The Act of September
24, 1918, amended Section 5200, Re-
vised Statutes, which section limits the amount that may be loaned

43

by any national bank to any one person to 10 per cent, of the capital
and surplus of the lending bank. By the new amendment, loans
secured by Liberty bonds were made exempt under certain condi-
tions from this limitation. The Trading with the Enemy Act, as
amended September 24, 1918, authorized the President to use such
agencies as he might select to regulate foreign exchange
operations.
This was essentially a war measure, and is no longer in use.
Other amendments to the Federal Reserve Act that were made
effective in 1918 have no direct bearing on the subject of which this
booklet treats.
Reserve Banks' Discount Powers Broadened
During 1919, the Act was amended three times, while further
changes were made in different sections of the Revised Statutes.
By the substitution of a new subsection (m), approved March 3,
1919, Section 11 of the Federal Reserve Act was amended so as
to authorize the Federal Reserve Board, upon the affirmative vote
of not less than five of its members, to permit Federal reserve banks
to discount for any member bank paper bearing the signature
or indorsement of any one borrower in excess of the amount there-
tofore permitted under Section 9 and Section 13 of the Act. The
amendment provided, however, that in no case should the paper so
discounted exceed 20 per cent, of the member bank's capital and
surplus, and it was also stipulated that all of the paper discounted
for any member bank in excess of the amount theretofore per-
mitted by law should be secured by not less than a like face amount
of bonds or notes of the United States issued since April 24, 1917,
or by certificates of indebtedness of the United States.
This amendment, which was designed to broaden the dis-
count powers of Federal reserve banks to correspond to the lend-
ing power of the national banks as enlarged by the Act of Septem-
ber 24, 1918, became inoperative after December 31, 1920. Prior to
the latter date, however, a new amendment, extending the provision
permitting Federal reserve banks to discount for a member bank,
under the specified conditions, paper up to 20 per cent, of the mem-
ber bank's capital and surplus, was introduced in Congress. After
considerable delay, this amendment was passed by both the House

44

and Senate, and became a law on February 27, 1921, upon its
approval by the President. The new amendment stipulates that
paper discounted for any member bank in excess of the amount
permitted under Section 9 and Section 13 shall be secured by not
less than a like face amount of bonds or notes of the United States
issued since April 24, 1917, "for which the borrower shall in good
faith prior to January 1, 1921, have paid or agreed to pay not less
than the full face amount thereof," or certificates of indebtedness
of the United States. The provisions of this new subsection (m),
it is important to note, become inoperative after October 31,
1921.
Investments of National Banks
The Act of September 17, 1919, amended Section 25 so as to
permit any national banking association, until January 1, 1921,
irrespective of the amount of its capital and surplus, to apply to
the Federal Reserve Board for permission to invest an amount not
exceeding in the aggregate 5 per cent, of its capital and surplus in
the stock of one or more corporations chartered or incorporated
under the laws of the United States or of any State thereof and
principally engaged in such phases of international or foreign
financial operations as may be necessary to facilitate the export
of goods. This 5 per cent, limit was changed by the enactment of
Section 25 (a), so far as corporations organized under Federal law
are concerned. The latter Act, known as the Edge Bill, permits
any national banking association to invest a larger amount than
5 per cent, in the stock of any corporation organized under its pro-
visions, but the aggregate amount of stock held in all corporations
engaged in business of the kind described in the Act and in Section
25, as amended, shall not exceed 10 per cent, of the subscribing
bank's capital and surplus. A part of Section 25, as amended by
the Act of September 17, 1919, reads as follows
:
"Until January 1, 1921, any national banking association,
without regard to the amount of its capital and surplus, may file
application with the Federal Reserve Board for permission, upon
such conditions and under such regulations as may be prescribed
by said Board, to invest an amount not exceeding in the aggre-
gate 5 per centum of its paid-in capital and surplus in the stock
of one or more corporations chartered or incorporated under the

45

laws of the United States or of any State thereof, and, regard-

less of its location, principally engaged in such phases of inter-
national or foreign financial operations as may be necessary to
facilitate the export of goods, wares, or merchandise from the
United States or any of its dependencies or insular possessions
to any foreign country: Provided, however, That in no event
shall the total investments authorized by this section by any one
national bank exceed 10 per centum of its capital and surplus."
The Act known as the Edge Bill, which was approved
December 24, 1919, is discussed at length in Chapter X of this
booklet, and consequently is not given here.
Amendments to Revised Statutes
Besides the amendments to the Federal Reserve Act previously
discussed, changes in Section 5200 and Section 5202 of the Revised
Statutes were made by the Act approved October 22, 1919.
As amended, Section 5200, Revised Statutes, permits a national
bank to lend to any one borrower in excess of 10 per cent, of its
capital and surplus, but not to exceed 25 per cent. It is provided
that loans over and above 10 per cent, must be represented by notes
secured by shipping documents, warehouse receipts, or other such
documents conveying or securing title covering readily-marketable,
non-perishable staples, including live stock. The actual market
value of the property securing the obligation must not at any time
be less than 115 per cent, of the face amount of the loan, and the
property must be fully covered by insurance. It is stipulated in the
Act, moreover, that the privilege of lending in excess of 10 per
cent, of the bank's capital and surplus upon notes secured in the
manner described shall not apply to any one borrower for more
than six months in any consecutive twelve months. Section 5200
of the Revised Statutes, as amended, reads as follows
:
"The total liabilities to any association of any person or of
any company, corporation, or firm for money borrowed, in-
cluding in the liabilities of a company or firm the liabilities
of the several members thereof, shall at no time exceed 10 per
centum of the amount of the capital stock of such association,
actually paid in and unimpaired, and 10 per centum of its un-
impaired surplus fund: Provided, however, That
(1) the discount

46

of bills of exchange
drawn in good faith against actually exists
ing values, including
drafts and bills of exchange
secured by
shipping documents conveying or securing title to goods shipped,
and including demand obligations
when
secured by documents
covering commodities in actual process of shipment, and also in-
cluding bankers'
acceptances of the kinds described in
Section 13
of the Federal Reserve Act,
(2) the discount of
commercial
or
business paper actually owned by the person,
company,
cor-
poration, or firm negotiating the same,
(3) the discount of notes
secured by shipping
documents,
warehouse receipts,
or other
such documents conveying
or securing title covering readily-
marketable, non-perishable
staples, including
live stock, when the
actual market value of the property securing the obligation is
not at any time less than 115 per centum of the face amount of
the notes secured by such documents and when such property
is fully covered by insurance, and
(4) the discount of any note
or notes secured by not less than a like face amount of bonds or
notes of the United States issued since April 24, 1917, or certifi-
cates of indebtedness of the United States, shall not be consid-
ered as money borrowed within the meaning of this section.
"The total liabilities to any association, of any person or of
any corporation, or firm, or company, or the several members
thereof upon any note or notes purchased or discounted by
such association and secured by bonds, notes, or certificates
of indebtedness as described in
(4) hereof shall not exceed
("except to the extent permitted by rules and regulations pre-
scribed by the Comptroller of the Currency, with the approval
of the Secretary of the Treasury) 10 per centum of such capital
stock and surplus fund of such association and the total lia-
bilities to any association of any person or of any corporation,
or firm, or company, or the several members thereof for money
borrowed, including the liabilities upon notes secured in the
manner described under
(3)
hereof, except transactions
(1), (2),
and
(4),
shall not at any time exceed 25 per centum of the
amount of the association's paid-in and unimpaired capital stock
and surplus. The exception made under
(3)
hereof shall not
apply to the notes of any one person, corporation, or firm or
company, or the several members thereof for more than six
months in any consecutive twelve months."
The Act of October 22, 1919, also amended Section 5202,
Revised Statutes, by excepting- from the limitations upon the
amount for which any national bank may be liable at any one time
those "liabilities created by the indorsement of accepted bills of
exchange payable abroad actually owned by the indorsing bank and
discounted at home or abroad."

47

Controlling Credit Through Discount Rates

In discussing the question of regulation and control of credit
in its annual report for 1919, the Federal Reserve Board made the
recommendation that an additional power be granted it through
the insertion of a clause in subdivision (d), Section 14 of the
Federal Reserve Act, providing that each Federal reserve bank,
with the approval of the Board, be permitted to determine by uni-
form rule, applicable to all its member banks alike, the normal
maximum rediscount line of each member bank. It was further
suggested that each Federal reserve bank be allowed to submit for
the review and determination of the Board graduated rates on an
ascending scale to apply equally and ratably to all its member
banks rediscounting amounts in excess of the normal line so
determined.
The opinion was expressed by the Board that it would thus be
possible to curtail excessive borrowings of member banks, and to
induce them to hold their own large borrowers in check without
advancing the basic rate. There was then no authority, the Board
pointed out, for fixing graduated rates based upon the total borrow-
ings of a member bank, so that if it became necessary to increase
the discount rate in order to curb the demands of those banks re-
discounting in very large amounts, the same rate would apply to
the requirements of other member banks who might rediscount
infrequently, and never excessively. Hence, the raising of rates as
a corrective to certain banks tended to work a hardship on banks
and borrowers who were conducting their affairs within the limits
of moderation.
The recommendations of the Federal Reserve Board in the
matter of the control of credit, as previously outlined, were finally
incorporated in a billthe Phelan Billand on April 13, 1920, this
measure was made a law upon its approval by the President. As
enacted, the amendment to Section 14 reads as follows:
"That Section 14 of the Federal Reserve Act as amended
by the Acts approved September 7, 1916, and June 21, 1917,
be further amended by striking out the semicolon after the
word 'business' at the end of subparagraph (d) and insert in
lieu thereof the following: 'and which, subject to the approval,
review, and determination of the Federal Reserve Board, may
be graduated or progressed on the basis of the amount of the

48

advances and discount accommodations extended by the Fed-

eral reserve bank to the borrowing bank."'
It is important to note that this new provision is permissive,
and not mandatory, its purpose being to authorize Federal reserve
banks, subject to the approval of the Federal Reserve Board, to
establish a "line of credit" or discount accommodation for each
member bank. Where banks exceed this limit in their applications,
it is intended to check the undue enlargement of such applications
by a progressively growing rate.

49

Chapter VIII
REGULATIONS OF THE FEDERAL RESERVE BOARD
THE
text of the regulations issued by the Federal Reserve
Board relating to commercial paper is of vital interest to mer-
chants and manufacturers, as well as to bankers. A part of Section
13 of the Federal Reserve Act, as previously shown, reads as
follows
:
"Upon the indorsement of any of its member banks, which
shall be deemed a waiver of demand, notice and protest by
such bank as to its own indorsement exclusively, any Federal
reserve bank may discount notes, drafts, and bills of exchange
arising out of actual commercial 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 Fed-
eral Reserve Board to have the right to determine or define
the character of the paper thus eligible for discount, within
the meaning of this Act. Nothing in this Act contained shall
be construed to prohibit such notes, drafts, and bills of ex-
change, secured by staple agricultural products, or other goods,
wares, or merchandise from being eligible for such discount;
but such definition shall not include notes, drafts, or bills cov-
ering merely investments or issued or drawn for the purpose
of carrying or trading in stocks, bonds, or other investment
securities, except bonds and notes of the Government of the
United States. Notes, drafts, and bills admitted to discount
under the terms of this paragraph must have a maturity at the
time of discount of not more than ninety days, exclusive of
days of grace: Provided, That notes, drafts, and bills drawn
or issued for agricultural purposes or based on live stock and
having a maturity not exceeding six months, exclusive of days
of grace, may be discounted in an amount to be limited to the
percentage of the assets of the Federal reserve bank, to be
ascertained and fixed by the Federal Reserve Board.

50

"The aggregate of such notes, drafts, and bills bearing the

signature or indorsement of any one borrower, whether a per-
son, company, firm, or corporation, rediscounted for any one
bank shall at no time exceed ten per centum of the unimpaired
capital and surplus of said bank; but this restriction shall not
apply to the discount of bills of exchange drawn in good faith
against actually existing values.
"Any Federal reserve bank may discount acceptances of the
kinds hereinafter described, which have a maturity at the time
of discount of not more than three months' sight, exclusive of
days of grace, and which are indorsed by at least one member
bank."
The paragraph which next follows in Section 13 permits mem-
ber banks, under the specified conditions, to accept drafts or bills
of exchange growing out of transactions involving the importation
or exportation of goods, or the domestic shipment of goods.
"Section 14. Any Federal reserve bank may, under rules
and regulations prescribed by the Federal Reserve Board, pur-
chase and sell in the open market, at home or abroad, either
from or to domestic or foreign banks, firms, corporations or
individuals, cable transfers and bankers' acceptances and bills
of exchange of the kinds and maturities by this Act made eligi-
ble for rediscount, with or without the indorsement of a mem-
ber banlc
"Every Federal reserve bank shall have power:
"(c) To purchase from member banks and to sell, with or
without its indorsement, bills of exchange arising out of com-
mercial transactions, as hereinbefore defined
;
"(d) To establish from time to time, subject to review and
determination of the Federal Reserve Board, rates of discount
to be charged by the Federal reserve bank for each class of
paper, which shall be fixed with a view of accommodating com-
merce and business;
"(e) To establish accounts with other Federal reserve banks
for exchange purposes and, with the consent or upon the order
and direction of the Federal Reserve Board and under regulations
to be prescribed by said Board, to open and maintain accounts in
foreign countries, appoint correspondents, and establish agencies
in such countries wheresoever it may deem best for the purpose
of purchasing, selling and collecting bills of exchange, and to buy
and sell, with or without its indorsement through such correspond-
ents or agencies, bills of exchange (or acceptances) arising out of
actual commercial transactions which have not more than ninety
days to run, exclusive of days of grace, and which bear the signa-
-51

ture of two or more responsible parties, and, with the consent
of the Federal Reserve Board, to open and maintain banking ac-
counts for such foreign correspondents or agencies. . .
."
Powers of New York State Banks
In order that banks and trust companies in New York State
may have similar powers, the revised banking law of the State
permits a State bank or trust company to accept for payment at
a future date, drafts drawn upon it by its customers and to issue
letters of credit authorizing the holders thereof to draw drafts upon
it or its correspondents at sight or on time, not exceeding one year.
Under the New York Act, there are no restrictions as to the
origin of the paper. New York State banks are not limited as to
the amount of acceptances they may make in total, although they
are not allowed to loan by way of any extension of credit, by means
of letters of credit or by acceptances, more than one-tenth part of
the capital and surplus to any individual, partnership, corporation
or unincorporated association, etc. Banks in the Federal Reserve
System may not accept paper running longer than six months,
while New York State banks may accept up to one year.
Desirability of Bills of Exchange
From the foregoing quotation from the Federal Reserve Act,
it will be seen that one of its most valuable features is its re-
habilitation of bills of exchange by the establishment of rediscount
facilities. It places the banking system of the United States on
a similar basis to that of other civilized countries that make prime
commercial paper the foundation of their loan business. In its
interpretations of the Act, the Federal Reserve Board has ma-
terially assisted in the movement to educate American commerce
to use the bill of exchange even in small transactions.
The first regulations of the Board, issued November 10, 1914,
outlining its discount policy, are evidence of such intention. Un-
der the heading "Commercial Paper," paragraph C, the Board
then said
:

52

"Bills should be essentially self-liquidating. Safety requires

not only that bills held by the Federal reserve banks should be of
short and well-distributed maturities, but, in addition, should be
of such character that it is reasonably certain that they can be
collected when they mature. They ought to be essentially 'self-
liquidating,' or, in other words, should represent in every case
some distinct step or stage in the productive or distributive process
the progression of goods from producer to consumer. The
more nearly these steps approach the final consumer, the smaller
will be the amount involved in each transaction as represented by
the bill, and the more automatically self-liquidating will be its
character."
The last sentence is particularly significant as applying even
to the retail trade. Again, the Board points out its preference for
bills of exchange as against ordinary notes of hand.
"Double-name paper drawn on a purchaser against an actual
sale of goods affords, from an economic point of view, prima
facie evidence of the character of the transaction from which
it arose. Single-name notes, now so freely used in the United
States, may represent the same kind of transactions as those
bearing two names. Inasmuch, however, as the single-name paper
does not show on its face the character of the transaction out of
which it arosean admitted weakness of this form of paperit is
incumbent upon each Federal reserve bank to insist that the char-
acter of the business and the general status of the concern supply-
ing such paper should be carefully examined in order that the dis-
counting bank may be certain that no such single-name paper has
been issued for purposes excluded by the Act, such as investments
of a permanent or speculative nature. Only careful inquiry on
these points will render it safe and proper for a Federal reserve
bank to consider such paper a 'self-liquidating' investment at
maturity."
Scope of Acceptances Extended
Thus, the Board clearly places a premium on bills of exchange,
and indicates their great desirability.
The Federal Reserve Board, under date of April
2,
1915 (Cir-
cular No. 11),
went still further and said, in part:
"It is believed that it would unduly restrict the development
of the acceptance business to keep it altogether confined within

53

the provisions of Section 13, which requires that acceptances, in

order to be eligible for rediscount at a Federal reserve bank, must
bear the indorsement of a member bank; particularly in view of
the further fact that the law limits the amount of acceptances which
may be taken with the indorsement of a member bank to SO per
centum of its paid-in capital and surplus. Having found it neces-
sary to extend the scope of dealings in acceptances beyond these
limits, the Board has exercised the authority conferred upon it by
Section 14, and has formulated regulations covering the purchase
of acceptances without invariably requiring the indorsement of a
member bank.
"The acceptance is the standard form of paper in the world
discount market, and both on this account and because of its
acknowledged liquidity universally commands a preferential rate.
By reason of its being readily marketable, it is widely regarded as
a most desirable paper in the secondary reserves of banks and will
help to provide an effective substitute for the 'call loan.' Its growth,
however, will depend upon the ability of the American market to
adjust its rates effectively to those prevailing in other markets
for paper of this class.
"Recognizing these facts, the Federal Reserve Board has
determined to allow the Federal reserve banks latitude in fixing
rates for acceptances : Federal reserve banks may, from time to
time, submit for the approval of the Board maximum and mini-
mum rates within which they desire to be authorized to deal in
acceptances; within such limits and subject to such modifications as
may be imposed by the Board, Federal reserve banks will be allowed
to establish the rates at which they will deal in acceptances.
"The Board believes it to be in accordance with the spirit
of the Act to accord preferential treatment to acceptances bearing
the indorsement of member banks, offered for rediscount under
Section
13even to the point of allowing lower rates for such
acceptances, inasmuch as under the terms of this section, such
acceptances are available as collateral against the issue of Federal
reserve notes; and the Board will sanction a slight preferential
in favor of acceptances bearing the indorsement of member banks.
"When acceptances bearing the indorsement of member banks
are not obtainable in adequate amount or upon satisfactory terms,
Federal reserve banks desiring to purchase acceptances should
restrict themselves as far as posisble to such acceptances as bear
some other responsible signature (other than that of the drawer
and acceptor) and preferably that of a bank or banker."
54
Regulations on Bankers' Acceptances
Regulation
J,
Series of 1915
bankers' acceptances
[Superseding Regulation D
of 1915]
The early regulations of the Federal Reserve Board on bankers'
acceptances follow:
"In this regulation, the term 'acceptance' is defined as a draft
or bill of exchange drawn to order, having a definite maturity
and payable in dollars in the United States, the obligation to pay
which has been accepted by an acknowledgment written or stamped
and signed across the face of the instrument by the party on whom
it is drawn; such agreement to be to the effect that the acceptor
will pay at maturity according to the tenor of such draft or bill
without qualifying conditions.
"The Federal Reserve Board has determined that, until further
order, to be eligible for discount under Section 13 by Federal re-
serve banks at rates to be established for bankers' acceptances
:
*
"Acceptances must have been made by a member bank, non-
member bank, trust company, or by some private banking firm,
person, company or corporation engaged in the business of accept-
ing or discounting. Such acceptances will hereafter be referred to
as 'bankers' acceptances';
"A banker's acceptance must be drawn by a commercial, in-
dustrial or agricultural concern (that is, some person, firm, com-
pany or corporation) directly connected with the importation
exportation of the goods involved in the transaction in whic
acceptance originated, or by a 'banker.' In the latter case,
goods, the importation or exportation of which is to be financed
by the acceptance, must be clearly specified in the agreement with or
the letter of advice to the acceptor. The bill must not be drawn or
renewed after the goods have been surrendered to the purchaser
or consignee.
"A banker's acceptance must bear on its face, or be accom-
panied by, evidence in the form satisfactory to a Federal re-\C^
serve bank that it originated in actual bona fide sale or consign-
ment involving the importation or exportation of goods./Such evi-
dence may consist of a certificate on or accompanying the accept-
ance to the following effect
:
'This acceptance is based upon a transaction involving the
importation or exportation of goods. Reference No.

. Name
of Acceptor
.'

55

i, com-
tion or. P
ich the V
se, the/\
"Bankers' acceptances, other than those of member banks,
shall be eligible only after the acceptors shall have agreed in
writing to furnish to the Federal reserve banks of the respective
districts, upon request, information concerning the nature of the
transactions against which acceptances have been made.
"A bill of exchange accepted by a 'banker' may be considered
as drawn in good faith against 'actually existing values,' when it is
secured by a lien on or by transfer of title to the goods to be
transported; or in case of release of the goods before payment
of the acceptance by the substitution of other adequate security.
"Except in so far as they may be secured by a lien on or by
transfer of the title to the goods to be transported, the bills of
any person, firm, company, or corporation, drawn on and accepted
by any private banking firm, person, or corporation (other than
a bank or trust company) engaged in the business of discounting
or accepting, and discounted by a Federal reserve bank, shall at
no time exceed in the aggregate a sum equal to five per centum of
the paid-in capital of such Federal reserve bank.
"The aggregate of acceptances of any private banking firm,
person, company, or corporation (other than a bank or trust com-
pany) engaged in the business of discounting or accepting, dis-
counted or purchased by a Federal reserve bank, shall at no timeY
exceed a sum equal to twenty-five per centum of the paid-in capital \
of such Federal reserve bank. . .
"While it would appear impracticable to fix a maximum sum
or percentage up to which Federal reserve banks may invest
in bankers' acceptances, both under Section 13 and Section 14, it
will be necessary to watch carefully the aggregate amount to be
held from time to time. In framing their policy with respect to
transactions in acceptances, Federal reserve banks will have to
consider, not only the local demands to be expected from their
own members, but also requirements to be met in other districts.
The plan to be followed must in each case adapt itself to the con-
stantly varying needs of the country. . .
."
Final Definition of Trade Acceptance
Regulation P, Series of 1915
BILLS OF EXCHANGE DRAWN AGAINST SALES OF GOODS AND ACCEPTED BY PURCHASERS,.
HEREINAFTER REFERRED TO AS "TRADE ACCEPTANCES"
When the Federal Reserve Board, on July
15th, promulgated
Circular No. 16 (Regulation P), Series of 1915, it became evident

56

that the regulation issued in November,

1914, previously referred
to, was really to prepare the way for the final definition of "Trade
Acceptances." Other rulings also pointed out that eventually
double-name paper would be shown preference. This was finally
demonstrated when the Board approved a rate for trade accept-
ances of one-half of one per cent, below the regular discount rate.
The significance of this material variation in the rate is apparent,
as it was originally proposed to fix "a slightly lower rate" for two-
name paper than for single-name notes.
Regulation P, of July 15, 1915, is as follows:
"In this regulation, the term 'trade acceptance' is defined as
a bill of exchange of the character hereinafter described, drawn
to order, having a definite maturity and payable in dollars in the
United States, the obligation to pay which has been accepted by
an acknowledgment, written or stamped, and signed, across the face
of the instrument, by the company, firm, corporation, or person upon
whom it is drawn; such agreement to be to the effect that the
acceptor will pay at maturity, according to its tenor, such draft or
bill without qualifying conditions.
"A trade acceptance to be eligible for rediscount, under Section
13, with a Federal reserve bank at the rate to be established for
trade acceptances
:
(a) Must be indorsed by a member bank, accompanied by
waiver of demand notice and protest.
(b) Must have a maturity at the time of discount of not more
than 90 days.
(c) Must be accepted by the purchaser of goods sold to him
by the drawer of the bill and the bill must have been drawn against
indebtedness expressly incurred by the acceptor in the purchase
of such goods.
"A trade acceptance must bear on its face, or be accompanied
by, evidence in form satisfactory to the Federal reserve bank that
it was drawn by the seller of the goods on the purchaser of such
goods. Such evidence may consist of a certificate on or accom-
panying the acceptance, to the following effect: 'The obligation of
the acceptor of this bill arises out of the purchase of goods from
the drawer.' Such certificate may be accepted by the Federal re-
serve bank as sufficient evidence; provided, however, that the Fed-
eral reserve bank, in its discretion, may inquire into the exact nature
of the transaction underlying the acceptance."

57

Open-Market
Purchase of Bankers' Acceptances
Regulation S, Series of 1915
[Superseding Regulation R
of
1915]
In Regulation R, Series of 1915, relating to the discount of
bankers' acceptances, the Federal Reserve Board provided for the
purchase in the open market of bankers' acceptances based on the
importation or exportation of goods. The Board further stated
that it had not felt justified, when admitting State banks and trust
companies into the Federal Reserve System, in stipulating that
such domestic acceptances should not be continued under reason-
able limitations as a part of their business.
Inasmuch as the making of these acceptances has been recog-
nized by the Board as the exercise of a legitimate banking func-
tion when authorized by law, it is thought that they are of the
character to make desirable investments for Federal reserve banks.
The Board therefore issued a new regulation (Regulation S, Series
of 1915),
not only embodying the authority given in Regulation
R, Series of 1915, to purchase bankers' acceptances based on the
importation or exportation of goods, but also authorizing the pur-
chase of bankers' domestic acceptances within the limits prescribed
in the regulation, which provides:
"The Federal Reserve Board has determined that, until fur-
ther notice, to be eligible for purchase under Section 14 at the
rates to be established for the purchase of bankers' domestic and
foreign acceptances:
"(a) Acceptances must have been made by a bank or trust
company, or by some firm, person, company, or corporation en-
gaged in the business of accepting or discounting. Such accept-
ances will hereafter be referred to as 'bankers' acceptances';
"(b) A banker's foreign acceptance must be drawn by a pur-
chaser or seller or other person, firm, company, or corporation
directly connected with the importation or exportation of the goods
involved in the transaction in which the acceptance originated, or
by a 'banker.' The bill must not be renewed after the goods have
been surrendered to the purchaser or consignee, except for such
reasonable period as may have been agreed upon at the time of
the opening of the credit as a condition incidental to the importa-
tion or exportation involved, provided that the bill must not con-
tain or be subject to any condition whereby the holder thereof is
obligated to renew the same at maturity;

58

"(c) A banker's foreign acceptance must bear on its face, or

be accompanied by, evidence in form satisfactory to a Federal
reserve bank that it originated in, or is based upon, a transaction
or transactions involving the importation or exportation of goods.
Such evidence may consist of a certificate on or accompanying the
acceptance to the following effect : 'This acceptance is based upon a
transaction involving the importation or exportation of goods.
Reference No.

. Name of Acceptor ;
"(d) A banker's domestic acceptance must be based on a trans-
action covering the shipment of goods, such transactions to be evi-
denced at the time of acceptance by accompanying shipping
documents, or must be secured by a warehouse receipt covering
readily-marketable staples and issued by a warehouse independent
of the borrower; or by the pledge of goods actually sold;
"(e) A banker's domestic acceptance must bear on its face, or
be accompanied by, evidence in form satisfactory to the Federal
reserve bank that it is based on a transaction or is secured by a
receipt or pledge of the character defined in (d) hereof. Such
evidence may consist of a certificate in general form similar to that
suggested in (c) hereof
;
"(f) Bankers' acceptances, other than those of member banks,
whether foreign or domestic, shall be eligible only after the accept-
ors shall have agreed in writing to furnish to the Federal reserve
banks of their respective districts, upon request, information con-
cerning the nature of the transactions against which acceptances
(certified or bearing evidence under (c) and (e) hereof) have been
made;
"(g) The aggregate of bills, domestic and foreign, of any
one drawer, drawn on and accepted by any bank or trust com-
pany and purchased or discounted by a Federal reserve bank, shall
at no time exceed 10 per cent, oi the unimpaired capital and surplus
of such bank or trust company, but this restriction shall not apply
to the purchase or discount of bills drawn in good faith against
actually existing values ; that is, bills the acceptor of which is
secured by a lien on or by a transfer of title to the goods to be
transported, or by other adequate security, such as a warehouse
receipt, or the pledge of goods actually sold
;
"(h) The aggregate of bills, domestic and foreign, of any
one drawer, drawn on and accepted by any firm, person, company,
or corporation (other than a bank or trust company) engaged in
the business of discounting or accepting, and purchased or dis-
counted by a Federal reserve bank, shall at no time exceed a sum
equal to a definite percentage of the paid-in capital of such Federal
reserve bank, such percentage to be fixed from time to time by
the Federal Reserve Board ; but this restriction shall not apply to
the purchase or discount of bills drawn in good faith against actually

59

existing values; that is, bills the acceptor of which is secured by

a lien on or by a transfer of title to the goods to be transported or
by other adequate security, such as a warehouse receipt, or the
pledge of goods actually sold
;
"(i) The aggregate of bankers' acceptances, domestic and for-
eign, made by any one firm, person, company, or corporation (other
than a bank or trust company) engaged in the business of dis-
counting or accepting, purchased or discounted by a Federal re-
serve bank, shall at no time exceed a sum equal to a definite per-
centage of the paid-in capital of such Federal reserve bank; such
percentage to be fixed from time to time by the Federal Reserve
Board.
"No Federal reserve bank shall purchase a domestic or foreign
acceptance of a 'banker' other than a member bank which does not
bear the indorsement of a member bank, unless there is furnished
a satisfactory statement of the financial condition of the acceptor
in form to be approved by the Federal Reserve Board.
"Federal reserve banks should bear in mind that preference
should be given wherever possible to acceptances indorsed by a
member bank, discounted under Section 13, not only because of the
additional protection that such indorsement affords, but also be-
cause of the reason that acceptances discounted under Section 13
may be used as collateral security for the issue of Federal reserve
notes."
Preferential Rate on Acceptances
From the foregoing", it will be noted that the desire of the
Federal Reserve Board is to establish a class of paper which will,
as surely as possible, bear on its face the fact that it is used in
connection with a genuine commercial transaction ; that the pro-
ceeds are to be used in the producing, carrying or marketing of
goods, in one or more steps of production and distribution, and
feeling that the trade acceptance or domestic bill of exchange is
most easily identified on its face with such a transaction, permits
a preference thereon by a slightly lower rate when a reserve bank
rediscounts or purchases same in the open market.
This does not mean that any doubt should be cast upon
single-name paper, which heretofore has occupied the discount
market. It, too, is eligible for rediscount by the Federal reserve
banks if accompanied by satisfactory evidence that the proceeds

60

were used, or were to be used, as specified, for strictly commercial

purposes. Single-name paper does not, of course, on its face,
move parallel to or along with commercial transactions as the
trade acceptance does, yet the vast bulk of single-name paper has
always fallen under the definition of that class of paper eligible
under the Federal Reserve Act and rulings established by the
Federal Reserve Board.
Checking Tendency Toward Over-Expansion
Each piece of paper, whether it be single or double-name,
must be examined to discover its peculiar merits. The mere fact
that the paper contains two names does not, of course, alone make
it preferable to a single-name note, but from the point of view of
the Federal Reserve Board, does have an advantage in its almost
self-evident relationship with that form of commercial transaction
defined in the Act.
It is also quite apparent that the Federal Reserve Board will
not countenance any laxity on the part of the Federal reserve
banks in rediscounting or buying acceptances in the open market.
Proper evidence of the responsibility of the acceptor will always
be necessary when the paper is bought in the open market, and
if discounted in behalf of a member bank, will be subjected to the
same sort of examination as single-name paper. This, in itself, is
likely to prove an effective check on any efforts toward over-
expansion on the part of the drawers of acceptances or notes. It
is a matter of credit in each case.
Cable Transfers and Bills of Exchange
Regulation T, Series of 1915
GENERAL OPEN-MARKET OPERATIONS
The purchase and sale of cable transfers and bills of exchange,
both domestic and foreign, of the kinds and maturities made eligi-
ble for rediscount by the Federal Reserve Act, and of bankers'
acceptances payable in foreign countries and in foreign currencies,
are covered by Circular No. 20 and Regulation T, December
4,

61

1915, in which the Board calls attention to the open-market sec-

tion of the Federal Reserve Act, and to the fact that it enables the
Federal reserve banks to exert a steadying
-
influence upon pre-
vailing rates of interest by the use of their purchasing power when-
ever conditions make such influence desirable, and when, owing
to the lack of applications for rediscounts, they are unable to in-
fluence rates through the latter means. The Board states, how-
ever, that it does not wish to be understood as encouraging ex-
pansion of credits at times and under conditions when there should
be contraction, but rather as holding the view that the Federal
reserve banks, taking cognizance of the conditions in their respec-
tive districts, should avail themselves of the powers granted by
the Act, just as they have done in connection with other open-
market powers conferred upon them.
The Board defines "open-market operations" as all those
transactions authorized by Section 14 of the Federal Reserve Act
which involve dealings with persons or institutionswhether or
not members of the Federal Reserve Systemand which do not
require the indorsement of a member bank. The regulation makes
the provision:
"In order to carry on open-market transactions in cable
transfers and foreign bills of exchange (including foreign bankers'
acceptances) ;
that is, payments to be made in, or bills payable in
foreign countries, it wili be necessary for Federal reserve banks to
open accounts or establish agencies in foreign countries. Such bills
of exchange and foreign acceptances must comply with the applicable
requirements of Sections 13 and 14. As the law prescribes that
these connections are to be established only with the consent of the
Federal Reserve Board, Federal reserve banks will be required to
communicate with the Federal Reserve Board whenever they are
ready to enter these foreign fields.
"The Federal Reserve Board realizes that in dealing in foreign
exchange the Federal reserve banks must necessarily have wide dis-
cretion in determining the rates at which they will buy or sell.
It is not necessary that the bills shall have been actually accepted
at the time of purchase. The Federal Reserve Board, however,
will require that unaccepted 'long bills' payable in foreign countries,
when purchased, unless secured by documents, shall bear one satis-
factory indorsement other than those of the drawer or acceptor,
preferably that of a banker. Federal reserve banks should exercise
due caution in dealing in foreign bills, and boards of directors
should fix a limit within which the acceptances or bills of a single
firm may be taken.

62

"A bill of exchange may be defined as an unconditional order

in writing, addressed by one person to another, signed by the
person giving it, requiring the person to whom it is addressed to
pay on demand, or at a fixed or determinable future time, a certain
sum of money to, or to the order of, a specified person, or to
bearer.
"A domestic bill of exchange is payable in dollars in the United
States.
"The Federal Reserve Board has determined that a bill, in
order to be eligible for purchase under Section 14 by a Federal
reserve bank, at the rate to be established for open-market
operations
:
"(a) Must be a bill, the proceeds of which have been used,
or are to be used, in producing, purchasing, carrying, or marketing
goods in one or more steps of production, manufacture and dis-
tribution; but shall not be eligible if its proceeds have been used,
or are to be used, for a permanent or fixed investment of any kind
;
for example, land, buildings, machinery, etc., or for any investment
of a merely speculative character;
"(b) Must have been drawn by a domestic or foreign firm,
company, corporation, or individual in the United States; but need
not bear the indorsement of a member bank
;
"(c) Must have been accepted by the drawee prior to the
purchase by a Federal reserve bank, unless accompanied and secured
by approved warehouse receipts, bills of lading, or other such docu-
ments covering readily-marketable goods.
"Before purchasing domestic bills of exchange (a) the Federal
reserve bank must secure statements concerning the condition
and standing of the drawer of the paper, and, if possible, also of
the acceptor of the bill, sufficient to satisfy the bank as to the
nature and quality of the paper to be purchased.
"(b) No Federal reserve bank will be permitted to purchase
bills of any one drawer, or issued upon one maker to an amount
to exceed in the aggregate a percentage of its capital, to be fixed
from time to time by the Federal Reserve Board, except when
secured by approved warehouse receipts, bills of lading, or other
such documents covering readily-marketable goods. The aggregate
amount drawn on any one acceptor, purchased by Federal reserve
banks, shall not exceed a reasonable percentage of the stated net
worth of the parties whose names appear upon the paper.
"Federal reserve banks desiring to engage in open-market trans-
actions in domestic bills of exchange are required to communicate
to the Federal Reserve Board the rate they desire to establish,
for review and determination."

63

Regulation B, Series of 1916 (in which no change appears in

Regulation B of 1917),
supersedes the foregoing and makes more
explicit the definitions and rules for the open-market purchase of
bills of exchange, trade acceptances, and bankers' acceptances
under Section 14 of the Federal Reserve Act, as follows
:
Character of Bills and Acceptances Eligible
Regulation B, Series of 1916
OPEN-MARKET PURCHASES OF BILLS OF EXCHANGE, TRADE ACCEPTANCES, AND
BANKERS' ACCEPTANCES UNDER SECTION 14
[Superseding Regulations S and T
of 1915]
"The Federal Reserve Board, exercising its statutory right
to regulate the purchase of bills of exchange and acceptances, has
determined that a bill of exchange or acceptance, to be eligible
for purchase by Federal reserve banks under Section 14

"(a) Must not have been issued for carrying or trading in

stocks, bonds, or other investment securities, except bonds and
notes of the Government of the United States
;
"(b) Must not be a bill the proceeds of which have been used
or are to be used for permanent or fixed investments of any kind,
such as land, buildings, or machinery, or for investments of a
merely speculative character
;
"(c) Must have been accepted by the drawee prior to pur-
chase by a Federal reserve bank, unless it is accompanied and
secured by shipping documents or by a warehouse, terminal, or other
similar receipt conveying security title;
"(d) May be secured by the pledge of goods* or collateral,
provided it is otherwise eligible."
Bills of Exchange and Trade Acceptances
Regulation B, Series of 1916
OPEN-MARKET PURCHASES OF BILLS OF EXCHANGE, TRADE ACCEPTANCES, AND
BANKERS' ACCEPTANCES UNDER SECTION 14
[Superseding Regulations S and T
of
1915]
"(a) DEFINITION.A bill of exchange, within the meaning
of this regulation, is defined as an unconditional order in writing
addressed by one person to another, other than a banker, signed
by the person giving it, requiring the person to whom it is ad-

When used In this regulation, the word "goods" shall be construed

to Include goods, wares, merchandise, or agricultural products, including
live stock.

64

dressed, to pay, in the United States, at a fixed or determinable

future time, a sum certain in dollars to the order of a specified
person; and a trade acceptance is defined as a bill of exchange
drawn by the seller on the purchaser of goods sold, and accepted
by such purchaser.
"(b) ELIGIBILITY.To be eligible for purchase, the bill
must have arisen out of an actual commercial transaction, domestic
or foreign ; that is, it must be a bill which has been issued or
drawn for agricultural, industrial, or commercial purposes or the
proceeds of which have been used or are to be used for the purpose
of producing, purchasing, carrying or marketing goods in one or
more of the steps of the process of production, manufacture, or
distribution. It must have a maturity at time of purchase of not
more than ninety days, exclusive of days of grace.
"(c) EVIDENCE OF ELIGIBILITY.A Federal reserve
bank shall take such steps as it deems necessary to satisfy itself
as to the eligibility of the bill offered for purchase, unless it
presents prima facie evidence thereof or bears a stamp or certificate
affixed by the acceptor or drawer showing that it is a trade
acceptance.
"(d) STATEMENTS.Unless indorsed by a member bank,
a bill is not eligible for purchase until a satisfactory statement has
been furnished of the financial condition of one or more of the
parties thereto."
Bankers' Acceptances
Regulation B, Series of 1916
OPEN-MARKET PURCHASES OF BILLS OF EXCHANGE, TRADE ACCEPTANCES, AND
BANKERS' ACCEPTANCES UNDER SECTION 14
[Superseding Regulations S and T
of
1915]
"(a) DEFINITION.A banker's acceptance, within the mean-
ing of this regulation, is a bill of exchange of which the acceptor
is a bank or trust company, or a firm, person, company, or corpora-
tion engaged in the business of granting bankers' acceptance credits.
"(b) ELIGIBILITY.To be eligible for purchase, the bill,
which must have a maturity at time of purchase of not more than
three months, exclusive of days of grace, must have been drawn
under a credit opened for the purpose of conducting, or settling
accounts resulting from a transaction or transactions involving

"(1) The shipment of goods between the United States and

any foreign country, or between the United States and
any of its dependencies or insular possessions, or between
foreign countries, or

65

"(2) The shipment of goods within the United States, provided

the bill at the time of its acceptance is accompanied by
shipping documents, or
"(3) The storage within the United States of readily-market-
able goods, provided the acceptor of the bill is secured
by a warehouse, terminal, or other similar receipt, or
"(4) The storage within the United States of goods which
have been actually sold, provided the acceptor of the bill is
secured by the pledge of such goods
;
or it must be a bill drawn by a bank or banker in a foreign
country or dependency or insular possession of the United States
for the purpose of furnishing dollar exchange. In this latter case,
the bank or banker drawing the bill must be in a country, depend-
ency, or possession whose usages of trade have been determined
by the Federal Reserve Board to require the drawing of bills of
this character.
"(c) EVIDENCE OF ELIGIBILITY.A Federal reserve
bank must be satisfied either by reference to the acceptance itself,
or otherwise, that it is eligible for purchase. Satisfactory evidence
of eligibility may consist of a stamp or certificate affixed by the
acceptor, in form satisfactory to the Federal reserve bank. No
evidence of eligibility is required with respect to a bill accepted
by a national bank.
"(d) STATEMENTS.Bankers' acceptances, other than those
accepted or indorsed by member banks, shall be eligible for pur-
chase only after the acceptor has furnished a satisfactory statement
of financial condition in form to be approved by the Federal Re-
serve Board and has agreed in writing with a Federal reserve
bank to inform it upon request concerning the transactions under-
lying such acceptances."
The foregoing regulations for the open-market purchase ot
bills of exchange, trade acceptances, and bankers' acceptances under
Section 14 are, in turn, superseded by Regulation B, Series of 1920,
as follows:
Kinds of Bills and Acceptances Specified
Regulation B, Series of 1920
OPEN-MARKET PURCHASES OF BILLS OF EXCHANGE, TRADE ACCEPTANCES, AND
BANKERS' ACCEPTANCES UNDER SECTION 14
[Superseding Regulation B
of 1917]
"The Federal Reserve Board, exercising its statutory right
to regulate the purchase of bills of exchange and acceptances,

66

has determined that a bill of exchange or acceptance to be

eligible for purchase by Federal reserve banks under Section 14:
"(a) Must conform to the relative requirements of Regula-
tion A, except that a banker's acceptance growing out of a
transaction involving the storage within the United States of
goods which have been actually sold, may be purchased, provided
that the acceptor is secured by the pledge of such goods and,
provided further, that the bill conforms in other respects to the
relative requirements of Regulation A (see page
69)
;
"(b) Must have a maturity at the time of purchase of not
more than 90 days, exclusive of days of grace, unless it is a bill
drawn on a banker, when it may have a maturity of three
months, exclusive of days of grace;
"(c) Must have been accepted by the drawee prior to pur-
chase by a Federal reserve bank, unless it is either accompanied
and secured by shipping documents or by a warehouse, terminal,
or other similar receipt conveying security title, or bears a satisfac-
tory banking indorsement.
"A bill of exchange, unless indorsed by a member bank, is
not eligible for purchase until a satisfactory statement has been
furnished of the financial condition of one or more of the parties
thereto.
"A banker's acceptance, unless accepted or indorsed by a
member bank, is not eligible for purchase until the acceptor has
furnished a satisfactory statement of its financial condition in
form to be approved by the Federal reserve bank, and has agreed
in writing with a Federal reserve bank to inform it upon request
concerning the transaction underlying the acceptance."
Maturity of Bankers' Acceptances Extended
The Federal Reserve Board, under date of May 6, 1921, issued
a new Regulation B, Series of 1921, relating to open-market pur-
chases of bills of exchange, trade acceptances and bankers' accept-
ances under Section 14 of the Federal Reserve Act. The new regula-
tion, which supersedes Regulation B, Series of 1920, given above,
was issued primarily for the purpose of permitting Federal reserve
banks, until further notice, to make open-market purchases of
hankers' acceptances having maturities not exceeding six months,
which arise out of transactions involving the importation or exporta-

67

tion of goods. Up to the time that this new regulation became effective,
three months was the maximum maturity of acceptances eligible for
purchase by Federal reserve banks.
In issuing the new regulation, the Federal Reserve Board stated
that two considerations had prompted it to take such action : (
1
)
The
desire to broaden the acceptance market by meeting the wants of savings
banks and other purchasers of bankers' acceptances who have been
deterred from investing in acceptances of more than three months'
maturity, because of the lack of authority of Federal reserve banks
to purchase longer maturities up to six months
; (2)
to provide more
ample facilities for financing import and export trade with countries
where either normal conditions or present abnormal conditions indicate
the desirability of rendering assistance by making acceptances of
maturities not exceeding six months eligible for purchase by Federal
reserve banks. The Federal Reserve Board points out that vigilant
care should be exercised by Federal reserve banks in purchasing
acceptances of long maturities, in order that liquidity of the aggre-
gate investment in acceptances held by them should not be affected.
A further slight amendment to Regulation B provides for the
open-market purchase of bankers' acceptances growing out of the
domestic storage of goods other than readily-marketable staples.
Regulation B, as amended, is as follows
:
Character of Bills and Acceptances Eligible
Regulation B, Series of 1921
OPEN-MARKET PURCHASES OF BILLS OF EXCHANGE, TRADE ACCEPTANCES, AND
BANKERS' ACCEPTANCES UNDER SECTION 14
[Superseding
Regulation B
of
1920]
"The Federal Reserve Board, exercising its statutory right to
regulate the purchase of bills of exchange and acceptances, has
determined that a bill of exchange or acceptance, to be eligible for
purchase by Federal reserve banks under this provision of Section
14, must have been accepted by the drawee prior to such purchase,
unless it is either accompanied or secured by shipping documents
or by warehouse,
terminal, or other similar receipt conveying secur-

68

ity title, or bears a satisfactory banking indorsement, and must con-

form to the relative requirements of Regulation A (see page 71 of
booklet), except that
"(a) A bankers' acceptance growing out of a transaction
involving the importation or exportation of goods may be purchased
if it has a maturity not in excess of six months, exclusive of days
of grace, provided that it conforms in other respects to the relative
requirements of Regulation A, and
"(b) A bankers' acceptance growing out of a transaction
involving the storage within the United States of goods actually
under contract for sale and not yet delivered or paid for may be
purchased, provided that the acceptor is secured by the pledge of
such goods; and provided further that the acceptance conforms in
other respects to the relative requirements of Regulation A.
"A bill of exchange, unless indorsed by a member bank, is not
eligible for purchase until a
satisfactory statement has been
furnished of the financial condition of one or more of the parties
thereto.
"A bankers' acceptance, unless accepted or indorsed by a mem-
ber bank, is not eligible for purchase until the acceptor has furnished
a satisfactory statement of its financial condition in form to be
approved by the Federal reserve bank and has agreed in writing
with a Federal reserve bank to inform it upon request concerning
the transaction underlying the acceptance."
Statutory Provisions Governing Rediscounts
Regulation A, referred to in Regulation B, Series of 1921, given
above, defines the general character of the notes, drafts, and bills
of exchange eligible for rediscount under Section 13 of the Federal
Reserve Act, and specifies the rules and conditions governing such
operations.
The general statutory provisions covering rediscounts
under
Section 13 stipulate that a note, draft, or bill of exchange shall
have a maturity at the time of discount of not more than 90
days,
exclusive of days of grace. If drawn or issued for agricultural
purposes or based on live stock, however, it may have a maturity
of not more than six months, exclusive of days of grace. The note,

69

draft, or bill must be indorsed by a member bank, and must arise

out of an actual commercial transaction. It must not be issued for
carrying or trading in stocks or other investment securities, except
bonds and notes of the Government of the United States.
The aggregate of notes, drafts, and bills bearing the signature
or indorsement of any one borrower rediscounted for any one mem-
ber bank, whether State or national, shall at no time exceed 10
per cent, of the unimpaired capital and surplus of such bank; but
this restriction shall not apply to the discount of bills of exchange
drawn in good faith against actually existing values. As previously
shown, the amendment to the Federal Reserve Act of March 3,
1919, authorized the Federal Reserve Board to permit Federal re-
serve banks, until December 31, 1920, to rediscount for any member
bank paper bearing the signature or indorsement of any one bor-
rower in an amount not to exceed 20 per cent, of the member
bank's capital and surplus, provided that the excess over and above
10 per cent, was secured by not less than a like face amount of
bonds or notes of the United States issued since April 24, 1917,
or certificates of indebtedness of the United States.
No Federal reserve bank may discount for any member State
bank or trust company any of the notes, drafts, or bills of any one
borrower who is liable for borrowed money to such State bank
or trust company in an amount greater than 10 per cent, of the
capital and surplus of that State bank or trust company; but in
determining the amount of money so borrowed, the discount of
bills of exchange drawn in good faith against actually existing
value, and the discount of commercial or business paper actually
owned by the person negotiating the same, shall not be included.
The amendment of March 3, 1919, also permitted Federal reserve
banks, with the consent of the Federal Reserve Board, to redis-
count for a member State bank or trust company, until December
31, 1920,
paper of any one borrower secured by not less than a
like face amount of bonds or notes of the United States issued
since April 24, 1917, or certificates of indebtedness of the United
States, even though such State bank or trust company may already
have loaned to the borrower under his regular line of credit in
excess of the 10 per cent, limit denned above. If, however, the
member State bank or trust company had loaned to one borrower
in excess of the 10 per cent, limit under his regular line of credit,
the Federal reserve bank could not rediscount for that State bank

70

or trust company any of the paper of that borrower taken under

that regular line of credit, but was permitted to rediscount any
paper so secured by government obligations of the kinds specified
up to an amount not in excess of 20 per cent, of the capital and
surplus of such State bank or trust company.
The new regulations governing rediscounts under Section 13
are as follows:
Notes, Drafts, and Bills of Exchange Eligible
Regulation A, Series of 1920
REDISCOUNTS UNDER SECTION 13
[Superseding Regulation A
of 1917]
"The Federal Reserve Board, exercising its statutory right
to define the character of a note, draft, or bill of exchange
eligible for rediscount at a Federal reserve bank, has deter-
mined that:
"(a) It must be a note, draft, or bill of exchange which has
been issued or drawn, or the proceeds of which have been used
or are to be used in the first instance, in producing, purchasing,
carrying, or marketing goods* in one or more of the steps of the
process of production, manufacture, or distribution, or for the
purpose of carrying or trading in bonds or notes of the United
States
;
"(b) It must not be a note, draft, or bill of exchange the
proceeds of which have been used or are to be used for perma-
nent or fixed investments of any kind, such as land, buildings,
or machinery, or for any other capital purpose;
"(c) It must not be a note, draft, or bill of exchange the
proceeds of which have been used or are to be used for invest-
ments of a purely speculative character or for the purpose of
lending to some other borrower;
"(d) It may be secured by the pledge of goods or collateral
of any nature, including paper, which is ineligible for rediscount,
provided it (the note, draft, or bill of exchange) is otherwise
eligible."
Applications for Rediscount
Regulation A, Series of 1920
REDISCOUNTS UNDER SECTION 13
[Superseding Regulation A
of 1917]
"All applications for the rediscount of notes, drafts, or bills
of exchange must contain a certificate of the member bank, in

When used in this regulation, the word "goods" shall be construed

lo Include goods, wares, merchandise, or agricultural products. Including
live Stock.

71

form to be prescribed by the Federal reserve bank, that, to the

best of its knowledge and belief, such notes, drafts, or bills of
exchange have been issued for one or more of the purposes
mentioned in (a), (see page
69), and, in the case of a member
State bank or trust company, all applications must contain a
certificate or guaranty to the effect that the borrower is not
liable, and will not be permitted to become liable during the
time his paper is held by the Federal reserve bank, to such bank
or trust company for borrowed money in an amount greater than
that specified in I abovef."
Promissory Notes
Regulation A, Series of 1920
REDISCOUNTS UNDER SECTION 13
[Superseding Regulation A
of 1917]
"(a) DEFINITION.A promissory note, within the
meaning of this regulation, is defined as an unconditional
promise, in writing, signed by the maker, to pay, in the United
States, at a fixed or determinable future time, a sum certain in
dollars to order or to bearer.
"(b) EVIDENCE OF ELIGIBILITY AND REQUIRE-
MENT OF STATEMENTS.
A Federal reserve bank must be
satisfied by reference to the note or otherwise that it is eligible
for rediscount. The member bank shall certify in its application
whether the note offered for rediscount has been discounted for a
depositor other than a bank or for a non-depositor and, if dis-
counted for a bank, whether for a member or a non-member
bank. The member bank must also certify whether a financial
statement of the borrower is on file with it.
"A recent financial statement of the borrower must be on
file with the member bank in all cases, except with respect to
any note discounted by a member bank for a depositor other
than a bank or another member bank if
"(1) It is secured by a warehouse, terminal, or other
similar receipt covering goods in storage, or by bonds or
notes of the United States; or
"(2) The aggregate of obligations of the borrower
rediscounted and offered for rediscount at the Federal re-
serve bank by the member bank is less than a sum equal
to 10 per cent, of the paid-in capital of the member bank
and is less than $5,000.
"The Federal reserve bank shall use its discretion in taking
the steps necessary to satisfy itself as to eligibility. Compliance
t
Refers to General Statutory Provisions of Section 13, previously
summarized.

72

of a note with II (b) $

may be evidenced by a statement of the
borrower showing a reasonable excess of quick assets over cur-
rent liabilities. A Federal reserve bank may, in all cases, require
the financial statement of the borrower to be filed with it."
The general statutory provisions relating to rediscounts under
Section 13 specify that any Federal reserve bank may make ad-
vances to its member banks on their promissory notes for a period
not exceeding 15 days, provided that they are secured by notes,
drafts, bills of exchange, or bankers' acceptances which are eligible
for rediscount or for purchase by Federal reserve banks, or by the
deposit or pledge of bonds or notes of the United States, or bonds
of the War Finance Corporation.
Drafts, Bills of Exchange, and Trade Acceptances
Regulation A, Series of 1920
REDISCOUNTS UNDER SECTION 13
[Superseding Regulation A of 1917]
"(a) DEFINITION.A draft or bill of exchange, within
the meaning of this regulation, is defined as an unconditional
order in writing, addressed by one person to another, signed by
the person giving it, requiring the person to whom it is addressed
to pay in the United States, at a fixed or determinable future
time, a sum certain in dollars to the order of a specified person;
and a trade acceptance is defined as a draft or bill of exchange,
drawn by the seller on the purchaser of goods sold,* and ac-
cepted by such purchaser.
"(b) EVIDENCE OF
ELIGIBILITY AND REQUIRE-
MENT OF
STATEMENTS.A Federal reserve bank shall take
such steps as it deems necessary to satisfy itself as to the
eligibility of the draft, bill, or trade acceptance offered for re-
discount and may require a recent financial statement of one or
more parties to the instrument. The draft, bill, or trade accept-
ance should be drawn so as to evidence the character of the
underlying
transaction, but if it is not so drawn evidence of
eligibility may consist of a stamp or certificate affixed by the
acceptor or drawer in a form satisfactory to the Federal reserve
bank."
tRefers to general character of notes, drafts, and bills of exchange
eligible It must not be a note, draft, or bill of exchange the proceeds
of which have been used or are to be used for permanent or fixed
Investments of any kind, such aa land, buildings, or machinery, or for
any other capital purpose.
.,.._ k
A consignment of goods or a conditional sale of goods can not be
considered "goods sold" within the meaning of this clause. The pur-
chase price of goods plus the cost of labor in effecting their installation
may be Included in the amount for which the trade acceptance Is drawn.
-73-
Six Months' Agricultural Paper
Regulation A, Series of 1920
REDISCOUNTS UNDER SECTION 13
[Superseding Regulation A
of 1917]
"(a) DEFINITION.Six months' agricultural
paper,
within the meaning of this regulation, is denned as a note,
draft, bill of exchange, or trade acceptance drawn or issued for
agricultural purposes, or based on live stock; that is, a note, draft,
bill of exchange, or trade acceptance the proceeds of which have
been used, or are to be used, for agricultural purposes, including
the breeding, raising, fattening, or marketing of live stock, and
which has a maturity at the time of discount of not more than
six months, exclusive of days of grace.
"(b) ELIGIBILITY.To be eligible for rediscount, six
months' agricultural paper, whether a note, draft, bill of ex-
change, or trade acceptance, must comply with the respective
sections of this regulation which would apply to it if its maturity
were 90 days or less."
Rediscount of Bankers' Acceptances
Regulation A, Series of 1920
REDISCOUNTS UNDER SECTION 13
[Superseding Regulation A
of 1917]
"(a) DEFINITION.A banker's acceptance within the
meaning of this regulation is defined as a draft or bill of ex-
change, whether payable in the United States or abroad and
whether payable in dollars or some other money, of which the
acceptor is a bank or trust company, or a firm, person, com-
pany, or corporation engaged generally in the business of grant-
ing bankers' acceptance credits.
"(b) ELIGIBILITY.A Federal reserve bank may redis-
count any such bill having a maturity at time of discount of
not more than three months, exclusive of days of grace, which
has been drawn under a credit opened for the purpose of con-
ducting or settling accounts resulting from a transaction or
transactions involving any one of the following:
"(1) The shipment of goods between the United
States and any foreign country, or between the United
States and any of its dependencies or insular possessions,
or between foreign countries. While it is not necessary
that shipping documents covering goods in the process of
shipment be attached to drafts drawn for the purpose of
financing the exportation or importation of goods, and

74

while it is not essential, therefore, that each such draft

cover specific goods actually in existence at the time of
acceptance, nevertheless it is essential as a prerequisite to
eligibility either (a) that shipping documents or a docu-
mentary export draft be attached at the time the draft is
presented for acceptance, or (b) if the goods covered by
the credit have not been actually shipped, that there be in
existence a specific and bona fide contract providing for
the exportation or importation of such goods at or within
a specified and reasonable time and that the customer
agree that the accepting bank will be furnished in due
course with shipping documents covering such goods or
with exchange arising out of the transaction being
financed by the credit. A contract between principal and
agent will not be considered a bona fide contract of the
kind required above, nor is it enough that there be a con-
tract providing merely that the proceeds of the accept-
ance will be used only to finance the purchase or shipment
of goods to be exported or imported;
"(2) The shipment of goods within the United
States, provided shipping documents conveying security
title are attached at the time of acceptance, or
"(3) The storage of readily-marketable staples,* pro-
vided that the bill is secured at the time of acceptance by
a warehouse, terminal or other similar receipt, conveying
security title to such staples, issued by a party independent
of the customer, and provided further that the acceptor
remains secured throughout the life of the acceptance. In
the event that the goods must be withdrawn from storage
prior to the maturity of the acceptance or the retirement
of the credit, a trust receipt or other similar document
covering the goods may be substituted in lieu of the
original document, provided that such substitution is con-
ditioned upon a reasonably prompt liquidation of the
credit. In order to insure compliance with this condition,
it should be required, when the original document is re-
leased, either (a) that the proceeds of the goods will be
applied within a specified time toward a liquidation of the
acceptance credit or (b) that a new document, similar to
the original one, will be resubstituted within a specified
time,
and a Federal reserve bank may also rediscount any bill drawn

A readily-marketable staple within the meaning of these regula-

tions may be defined as an article of commerce, agriculture, or Industry
of such uses as to make It the subject of constant dealings In ready
markets with such frequent quotations of price as to make (a) the price
easily and definitely ascertainable and (b) the staple Itself eaay to
realize upon by sale at any time.

75

by a bank or banker in a foreign country or dependency or

insular possession of the United States for the purpose of fur-
nishing dollar exchange, as provided in Regulation C, provided
that it has a maturity at the time of discount of not more than
three months, exclusive of days of grace.
"(c) GENERAL CONDITIONS.(1) Acceptances in excess
of
10 per cent.In order to be eligible, acceptances for any one
customer in excess of 10 per cent, of the capital and surplus of
the accepting bank must remain actually secured throughout the
life of the acceptance. In the case of acceptances of member
banks, this security must consist of shipping documents, ware-
house receipts, or other such documents, or some other actual
security growing out of the same transaction as the acceptance,
such as documentary drafts, trade acceptances, terminal receipts,
or trust receipts which cover goods of such a character as to
insure at all times a continuance of an effective and lawful lien
in favor of the accepting bank. Other trust receipts are not
secured within the meaning of this paragraph if they permit the
customer to have access to or control over the goods.
"(2) Maturity.Although a Federal reserve bank may legally
rediscount an acceptance having a maturity at the time of dis-
count of not more than three months, exclusive of days of grace,
it may decline to rediscount any acceptance the maturity of
which is in excess of the usual or customary period of credit
required to finance the underlying transaction or which is in
excess of that period reasonably necessary to finance such trans-
action. Since the purpose of permitting the acceptance of drafts
secured by warehouse receipts or other such documents is to
permit of the temporary holding of readily-marketable staples in
storage pending a reasonably prompt sale, shipment, or distribu-
tion, no such acceptance should have a maturity in excess of the
time ordinarily necessary to effect a reasonably prompt sale,
shipment, or distribution into the process of manufacture or
consumption.
"(3) Renewals.While a national bank may properly enter
into an agreement having more than six months to run by which
it obligates itself to accept drafts of the kinds described in
Regulation C, each individual draft accepted under the terms of
that agreement must, in order to be eligible, conform in all
respects to the provisions of the law and these regulations. In-
asmuch as each individual acceptance must itself conform to the
terms of the law, no renewal draft, whether or not contracted for
in advance, can be eligible if at the time of its acceptance the
period required for the conclusion of the transaction out of
which the original draft was drawn shall have elapsed. The
question of the eligibility of renewal drafts, therefore, must nee-

76

essarily depend upon the stage of the transaction at the time the
renewal drafts are drawn.
"(d) EVIDENCE OF ELIGIBILITY.A Federal re-
serve bank must be satisfied, either by reference to the accept-
ance itself, or otherwise, that it is eligible for rediscount. The
bill itself should be drawn so as to evidence the character of the
underlying transaction, but if it is not so drawn evidence of
eligibility may consist of a stamp or certificate affixed by the
acceptor in form satisfactory to the Federal reserve bank."
Acceptance of Drafts and Bills of Exchange
Regulation C, Series of 1917
ACCEPTANCE BY MEMBER BANKS OF DRAFTS AND BILLS OF EXCHANGE
[Superseding Regulation C of 1916]
By the amendments approved September 7, 1916, and June 21,
1917, the fifth paragraph of Section 13 of the Federal Reserve
Act permits member banks, under the specified conditions, to ac-
cept drafts or bills of exchange growing out of transactions in-
volving the importation or exportation of goods, or the domestic
shipment of goods, provided shipping documents conveying
1
or
securing title are attached at the time of acceptance ; or which are
secured at the time of acceptance by a warehouse receipt or other
such document conveying or securing title covering readily-mar-
ketable staples.*
Where the accepting bank is secured either by attached docu-
ments or by some other actual security growing out of the same
transaction as the acceptance, any bank may accept such bills in
an amount not exceeding at any time, in the aggregate, more than
one-half of its paid-up and unimpaired capital stock and surplus
;
or, upon the approval of the Federal Reserve Board, may accept
up to an amount not exceeding 100 per centum of its paid-up and
unimpaired capital stock and surplus. The aggregate amount of
acceptances growing out of domestic transactions shall in no case,
however, exceed 50 per centum of such capital stock and surplus.
The regulations of the Federal Reserve Board, covering this
part of Section 13 of the Federal Reserve Act, are as follows:
*
A readily-marketable staple within the meaning of these regulations may be
defined as an article of commerce, agriculture, or industry of such uses as to make
It the subject of constant dealings in ready markets, with such frequent quotations
of price as to make (a) the price easily and definitely ascertainable and (b) the staple
Itself easy to realize upon by sale at any time.
-77

"The Federal Reserve Board has determined that any mem-

ber bank, having an unimpaired surplus equal to at least 20 per
centum of its paid-up capital, which desires to accept drafts or bills
of exchange (drawn for the purposes previously described) up to an
amount not exceeding at any time, in the aggregate, 100 per centum
of its paid-up and unimpaired capital stock and surplus, may file an
application for that purpose with the Federal Reserve Board. Such
application must be forwarded through the Federal reserve bank
of the district in which the applying bank is located.
"The Federal reserve bank shall report to the Federal Reserve
Board upon the standing of the applying bank, stating whether the
business and banking conditions prevailing in its district warrant
the granting of such applications.
"The approval of any such application may be rescinded upon
90 days' notice to the bank affected."
Bills Drawn to Create "Dollar Exchange"
Regulation C, Series of 1917
ACCEPTANCE BY MEMBER BANKS OF DRAFTS AND BILLS OF EXCHANGE
[Superseding Regulation C of 1916]
Under the provisions of Section 13 of the Federal Reserve
Act, member banks are also permitted to accept drafts or bills
of exchange drawn by banks or bankers in foreign countries or
dependencies or insular possessions of the United States for the
purpose of creating "dollar exchange." Such drafts or bills must
have not more than three months' sight to run, exclusive of days
of grace, and no member bank shall accept them for any one bank
to an amount exceeding in the aggregate 10 per centum of the
paid-up and unimpaired capital and surplus of the accepting bank,
unless the draft or bill is accompanied by documents conveying
or securing title or by some other adequate security. It is further
stipulated that no member bank shall accept such drafts or bills
in an amount exceeding at any time in the aggregate one-half of
its paid-up and unimpaired capital and surplus. This 50 per cent,
limit is separate and distinct from and not included in the limits
placed upon the acceptance of drafts and bills as described in the
fifth paragraph of Section 13.
The regulations of the Federal Reserve Board on the drawing
of drafts or bills for the purpose of furnishing "dollar exchange"
follow:

78

"Any member bank desiring to accept drafts drawn by banks

or bankers in foreign countries or dependencies or insular posses-
sions of the United States for the purpose of furnishing dollar
exchange shall first make an application to the Federal Reserve
Board setting forth the usages of trade in the respective countries,
dependencies, or insular possessions in which such banks or bankers
are located.
"If the Federal Reserve Board should determine that the usages
of trade in such countries, dependencies, or possessions require
the granting of the acceptance facilities applied for, it will notify
the applying bank of its approval and will also publish in the Fed-
eral Reserve Bulletin the name or names of those countries, de-
pendencies, or possessions in which banks or bankers are authorized
to draw on member banks whose applications have been approved
for the purpose of furnishing dollar exchange.
"The Federal Reserve Board reserves the right to modify or on
90 days' notice to revoke its approval either as to any particular
member bank or as to any foreign country or dependency or insular
possession of the United States in which it has authorized banks or
bankers to draw on member banks for the purpose of furnishing
dollar exchange."
In Regulation C, Series of 1920, the only change from Regula-
tion C of 1917, previously given, is the inclusion of two sentences
with reference to the question of when trust receipts and bills of
lading drafts may be considered "actual security" within the mean-
ing of Section 13 of the Federal Reserve Act. It is stated in this
connection that a trust receipt which permits the customer to have
access to or control over the goods will not be considered by Fed-
eral reserve banks to be "actual security" within the meaning of
Section
13, but a bill of lading draft is "actual security" even after
the documents have been released, provided that the draft is ac-
cepted by the drawee upon or before the surrender of the docu-
ments.
Operations of Foreign Banking Corporations
Regulation K, Series of 1920
banking corporations authorized to do foreign banking business under
Section 25 (a)
As amended by the Act of September 7, 1916, Section 25 of
the Federal Reserve Act permitted national banks having a capital
and surplus of $1,000,000 or more, to invest, under certain specified
conditions, in the stock of banks or corporations chartered or in-

79

corporated under the laws of the United States or of any State

thereof, and principally engaged in international or foreign banking.
At that time, no means had been provided for the Federal
incorporation of such foreign banking corporations, but by the
enactment of Section 25 (a) of the Federal Reserve Act, approved
December 24, 1919, Congress provided a means for the incorpora-
tion of institutions for the purpose of engaging in international
or foreign banking or other international or foreign financial opera-
tions in whose stock national banks, as well as individuals, firms,
and other corporations, may invest. Under the regulations cover-
ing this section of the Federal Reserve Act, a Corporation* is per-
mitted to accept, subject to substantially the same conditions as are
imposed by law upon member banks, drafts drawn by banks or
bankers located in foreign countries, or dependencies or insular
possessions of the United States, for the purpose of furnishing
dollar exchange as required by the usages of trade in those coun-
tries, dependencies, or possessions.
The regulations of the Federal Reserve Board, governing
Acceptances under Section 25 (a), known as the Edge Bill, are as
follows
:
"Kinds.Any corporation may accept
(1) drafts and bills of
exchange drawn upon it which grow out of transactions involv-
ing the importation or exportation of goods, and
(2) drafts and
bills of exchange which are drawn by banks or bankers located
in foreign countries or dependencies or insular possessions of
the United States for the purpose of furnishing dollar exchange
as required by the usages of trade in such countries, depen-
dencies, and possessions, provided, however, that, except with
the approval of the Federal Reserve Board and subject to such
limitations as it may prescribe, no Corporation shall exercise
its power to accept drafts or bills of exchange if at the time such
drafts or bills are presented for acceptance it has outstanding
any debentures, bonds, notes, or other such obligations issued
by it.
"Maturity.Except with the approval of the Federal Reserve
Board, no Corporation shall accept any draft or bill of exchange
which grows out of a transaction involving the importation or
exportation of goods with a maturity in excess of six months,
or shall accept any draft or bill of exchange drawn for the pur-
pose of furnishing dollar exchange with a maturity in excess of
three months.
Wherever the word Corporation is spelled with a capital C, it
refers to a corporation organized under Section 25 (a) of the Federal
Reserve Act.

80

"Limitations. (I) Individual

drawers: No acceptances shall
he made for the account of any one drawer in an amount aggre-
gating at any time in excess of 10 per cent, of the subscribed
capital and surplus of the Corporation,
unless the transaction
be
fully secured or represents an exportation or importation
of
commodities and is guaranteed by a bank or banker of undoubted
solvency.
(2) Aggregates:
Whenever the aggregate of accept-
ances outstanding at any time (a) exceeds the amount
of the sub-
scribed capital and surplus, 50 per cent, of all the acceptances
in excess of the amount shall be fully secured; or (b) exceeds
twice the amount of the subscribed capital and surplus, all the
acceptances outstanding in excess of such amount shall be fully
secured. (The Corporation shall elect whichever
requirement
(a) or (b) calls for the smaller amount of secured acceptances).
In no event shall any Corporation have outstanding at any one
time acceptances drawn for the purpose of furnishing dollar
exchange in an amount aggregating more than 50 per cent, of
its subscribed capital and surplus.
"Reserves.Against all acceptances outstanding which mature
in 30 days or less a reserve of at least 15 per cent, shall be
maintained, and against all acceptances outstanding which mature
in more than 30 days a reserve of at least 3 per cent, shall be
maintained. Reserves against acceptances must be in liquid
assets of any or all of the following kinds:
(1) cash;
(2) balances
with other banks;
(3) bankers' acceptances; and
(4) such secu-
rities as the Federal Reserve Board may from time to time
permit."

81
B
Chapter IX
THE UNITED STATES WAREHOUSE ACT
ECAUSE of its bearing on the subject of
Acceptances, the
text of certain portions of the United States Warehouse Act
should prove both interesting and instructive to readers of this
booklet.
Therefore, those parts of the Act which have a relation
to the Acceptance matter are outlined in this chapter.
The United States Warehouse Act, which was amended July
24, 1919, specifies the conditions under which agricultural products
may be stored in warehouses for interstate or foreign commerce,
and fixes the duties and responsibilities of warehousemen in con-
nection therewith. As used in the Act, the term "agricultural
product" means cotton, wool, grains, tobacco, and flaxseed, or any
of them. The Secretary of Agriculture is empowered to issue
licenses for the conduct of warehouses in accordance with the law,
and to promulgate such rules and regulations governing operations
under the Act as may be deemed necessary. He may also grant a
license to any person not a warehouseman to accept the custody
of agricultural products and to store them in a warehouse owned,
operated, or leased by any State, but such person must agree to
comply with the provisions of the Act and the rules and regulations
prescribed thereunder.
Receipts for Agricultural Products Stored
In the immediately preceding chapter of this bookletRegula-
tions of the Federal Reserve Boardreference is made to the stor-
age of readily-marketable staples, and to the acceptance of drafts
and bills of exchange secured by warehouse receipts. One of the
requirements of the United States Warehouse Act is that a ware-

82

houseman or any person accepting the custody of agricultural

products under the terms of the Act shall issue receipts for such
products, but no receipts shall be issued except for agricultural
products actually stored in the warehouse at the time of the issu-
ance thereof.
It is further stipulated that every warehouseman shall keep
the agricultural products therein of one depositor so far separate
from agricultural products of other depositors, and from other agri-
cultural products of the same depositor for which a separate receipt
has been issued, as to permit at all times the identification and re-
delivery of the agricultural products deposited. If authorized by
agreement or custom, however, a warehouseman may mingle fun-
gible agricultural products with other agricultural products of the
same kind and grade, but he must not mix fungible agricultural
products of different grades. Where fungible agricultural products
of the same kind and grade are mingled, the warehouseman shall be
severally liable to each depositor for the care and re-delivery of
his share of such mass.
Contents of a Warehouse Receipt
The provisions of the Act which prescribe the contents of a
warehouse receipt are of especial interest and importance.
Section 18 requires that every receipt issued for agricultural
products stored in a warehouse licensed under the Act shall embody
within its written or printed terms the location of the warehouse in
which such products are stored, the date of the issue of the receipt,
the consecutive number of the receipt, and a statement whether the
agricultural products received will be delivered to the bearer, to a
specified person, or to a specified person or his order.
The rate of storage charges must also be stated, and a descrip-
tion given of the agricultural products received. The latter must
show the quantity thereof, or in the case of agricultural products
customarily put up in bales or packages, a description of such bales
or packages by marks, numbers, or other means of identification,
and the weight of such bales or packages. Section 18 of the Act
also includes a clause which specifies that the receipt must indicate
"the grade or other class of the agricultural products received
and the standard or description in accordance with which such

83

classification has been made: Provided, That such grade or other

class shall be stated according to the official standard of the
United States applicable to such agricultural products as the
same may be fixed and promulgated under authority of law:
Provided, further, That until such official standards of the United
States for any agricultural product or products have been fixed
and promulgated, the grade or other class thereof may be stated
in accordance with any recognized standard or in accordance
with such rules and regulations not inconsistent herewith as may
be prescribed by the Secretary of Agriculture."
In addition to the foregoing requirements, it must be shown
that the receipt is issued subject to the United States Warehouse
Act and the rules and regulations prescribed thereunder. If the
receipt be issued for agricultural products of which the warehouse-
man is owner, either solely or jointly or in common with others,
the fact of such ownership must be declared.
A statement is also required of the amount of advances made
and of liabilities incurred for which the warehouseman claims a
lien. Where the precise amount is unknown to the warehouseman
or his agent at the time of the issue of the receipt, a declaration
of the fact that advances have been made or liabilities incurred, and
the purpose thereof, shall be sufficient.
The receipt must contain the signature of the warehouseman,
vhich may be made by his authorized agent.
Unless otherwise required by the law of the State in which
the warehouse is located, when requested by the depositor of other
than fungible agricultural products, a receipt omitting compliance
with subdivision
(g)
of Section 18 (quoted above) may be issued.
Issue of Other Than Original Receipts
The terms of the Act which relate to the issue of other than
original receipts stipulate that while an original receipt is outstand-
ing and uncanceled by the warehouseman issuing the same, no other
or further receipt shall be issued for the agricultural product cov-
ered thereby, or for any part thereof.
In the case of a lost or destroyed receipt, however, a new re-
ceipt, subject to the same conditions and bearing on its face the
number and date of the receipt in lieu of which it is issued, may be
issued upon compliance with the statutes of the United States

84

applicable thereto in places under the exclusive jurisdiction of the

United States, or upon compliance with the laws of any State ap-
plicable thereto in any place not under the exclusive jurisdiction of
the United States.
If there be in such instance no statute of the United States or
law of a State applicable thereto, such new receipts may be issued
upon the giving of satisfactory security in compliance with the rules
and regulations made pursuant to the Warehouse Act.
Conditions Governing Delivery of Products
In the absence of some lawful excuse, a warehouseman shall,
without unnecessary delay, deliver the agricultural products in his
custody upon a demand made either by the holder of a receipt for
such agricultural products or by the depositor thereof. Such de-
mand, however, must be accompanied with an offer to satisfy the
warehouseman's lien, an offer to surrender the receipt, if negotiable,
with such indorsements as would be necessary for the negotiation
of the receipt, and a readiness and willingness to sign, when the
products are delivered, an acknowledgment that they have been
delivered, if such signature is requested by the warehouseman.
A warehouseman, in turn, is required to plainly cancel upon
the face thereof each receipt returned to him upon the delivery by
him of the agricultural products for which the receipt was issued.
State Laws Not Impaired by Act
Every warehouseman must keep in a place of safety complete
and correct records of all agricultural products in his custody or
withdrawn from his custody, of all warehouse receipts issued by
him, and of the receipts returned to and canceled by him.
Nothing in the United States Warehouse Act shall be con-
strued to conflict with, or to authorize any conflict with, or in any
way to impair or limit the effect or operation of the Uniform Ware-
house Receipts Act, which is a State measure, or the laws of any
State relating to warehouses, warehousemen, weighers, graders, or
classifiers. The Secretary of Agriculture is authorized to co-
operate with such officials as are charged with the enforcement of
such State laws in such States, and through such co-operation to

85

secure the enforcement of the provisions of the United States

Warehouse Act.
The Act shall not be construed so as to limit the operation
of any statute of the United States relating to warehouses or ware-
housemen,
weighers, graders, or classifiers now in force in the Dis-
trict of Columbia or in any Territory or other place under the ex-
clusive
jurisdiction of the United States.
Regulations for Wool Warehouses
In accordance with the authority conferred upon him by the
terms of the United States Warehouse Act, the Secretary of Agri-
culture, under date of June 18, 1920, made public rules and regula-
tions governing the operation of wool warehouses.
It is the object here to outline, as briefly as possible, those
portions of the rules and regulations which relate to the issuance
of receipts for wool stored in a licensed warehouse. Every such
receipt shall, in addition to complying with the requirements of
Section 18 of the Warehouse Act, previously summarized, meet cer-
tain specified conditions contained in the rules and regulations pro-
mulgated by the Secretary of Agriculture.
One of these conditions is that the contents of a receipt cover-
ing wool in storage must include a declaration of the kind of wool.
The receipt shall have a blank space designated for the purpose,
in which, if the identity of the wool is to be preserved, a careful
estimate of the shrinkage of the wool may be stated, or in which, if
the identity of the wool is not to be preserved, an estimate of the
shrinkage of the wool shall be given.
Negotiable and
Non-Negotiable Receipts
If the identity of the wool is to be preserved, its identification
in accordance with Regulation 5,
Section 16,* is required. Where
the identity of the wool is not to be preserved, a clear and con-
Regulatlon 5, Section 16. Upon the acceptance by a licensed warehouseman for
storage in his licensed warehouse of any lot of wool, the identity of which is to be
preserved, he shall store, or cause to be stored, such wool In an individual section or
space designated by lot or cargo numbers, or by letters, numbers, or other clearly
distinguishable words or signs, permanently and securely affixed thereto, or shall so
mark the container or containers of such wool or so place the wool in the warehouse
that its identity will not be lost during the storage period.

86

spicuous notation to that effect shall be made on the face of the

receipt.
The nature of the receipt must be indicated by the words "Not
Negotiable,"
"Non-Negotiable," or "Negotiable," clearly and con-
spicuously printed or stamped thereon.
It is also required that a receipt, whether negotiable or non-
negotiable, embody within its written or printed terms notice that
the person entitled to the re-delivery of the wool shall demand the
delivery of the wool not later than the expiration of one year from
the date of the receipt. This applies whether such person be the
depositor of the wool or the lawful holder of the receipt therefor.
If the wool covered by a negotiable receipt was graded by a
licensed grader or weighed by a licensed weigher, a statement to
that effect shall be made. Whenever the grade of wool is required
to be, or is, stated in a receipt, such grade shall be stated, until
such time as official wool standards of the United States are in
effect, in accordance with the State standards, if any, established
in the State in which the warehouse is located. In the absence of
any State standards, the grade shall be stated in accordance with
the standards, if any, adopted by any wool organization or by the
wool trade generally in the locality in which the warehouse is
located, subject to the approval of the Chief of the Bureau of Mar-
kets, or in accordance with any standards approved for the pur-
pose by that official.
A negotiable receipt issued for wool stored in a licensed ware-
house shall, in addition, include a form of indorsement which may
be used by the depositor or the lawful holder of the receipt or the
authorized agent of either for showing the ownership of, and liens,
mortgages, or other encumbrances on, the wool covered by the
receipt.
Duplicating Receipts Lost or Destroyed
All copies of receipts, except those issued in lieu of the original
in case of lost or destroyed receipts, shall, if there be no statute of
the United States or law of a State providing otherwise, have clearly
and conspicuously printed or stamped thereon the words "Copy

Not Negotiable."
In the case of a lost or destroyed receipt, if there be no statute
-87-
of the United States or law of a State applicable thereto, a new re-
ceipt upon the same terms and conditions, and bearing on its face
the number and date of the receipt in lieu of which it is issued and
a statement that it is a duplicate issued in lieu of a lost receipt,
may be issued upon compliance with the provisions set forth in
the following paragraph
:
"Before issuing such duplicate receipt, the licensed ware-
houseman shall require the depositor or other person applying
therefor to make and file with the warehouseman (a) an affidavit
showing that he is lawfully entitled to the possession of the
original receipt, that he has not negotiated or assigned it, how
the original receipt was lost or destroyed, and, if lost, that dili-
gent effort has been made to find the receipt without success,
and (b) a bond in an amount double the value, at the time the
bond is given, of the wool represented by the lost or destroyed
receipt. Such bond shall be in a form approved for the purpose
by the Secretary, shall be conditioned to indemnify the ware-
houseman against any loss sustained by reason of the issuance
of such duplicate receipt, and shall have as surety thereon (a)
a surety company which is authorized to do business, and is sub-
ject to service of process in a suit on the bond, in the State in
which the warehouse is located, or (b) at least two individuals
who are residents of such State and each of whom owns real
property therein having a value, in excess of all exemptions and
encumbrances, to the extent of double the amount of the bond."
Regulations Covering Delivery of Wool
Section 5 of Regulation 4, covering warehouse receipts for
wool, stipulates that, except as permitted by law or by these regu-
lations, a warehouseman shall not deliver the wool for which he
has issued a negotiable receipt until the receipt has been returned
to him.
If a warehouseman deliver a part only of a lot of wool for which
he has issued a negotiable receipt, he shall either (a) take up and
cancel such receipt and issue a new receipt in accordance with these
regulations for the undelivered portion of the wool, or (b) shall
have plainly placed upon the back of the receipt an indorsement
showing the date of delivery, the kind of wool delivered and the
grade and weight thereof, and upon the face of the receipt a nota-
tion that partial delivery has been made in accordance with the in-

88

dorsement thereon. Such indorsement, the regulations prescribe,

shall be signed by the person lawfully entitled to such delivery, or
his authorized agent, or the warehouseman shall obtain from such
person a separate, written acknowledgment of the delivery.
A warehouseman shall not, except as permitted by law or by
these regulations, deliver the wool for which he has issued a non-
negotiable receipt until such receipt has been returned to him or
he has obtained from the person lawfully entitled to such delivery,
or his authorized agent, a written acknowledgment thereof.
Where a warehouseman delivers a part only of a lot of wool
for which he has issued a non-negotiable receipt, he shall either
(a) comply with the requirements of Section
5,
previously given,
as far as applicable to partial delivery, or (b) obtain from the per-
son lawfully entitled to such partial delivery, or his authorized
agent, a written acknowledgment thereof.
If a warehouseman issue a receipt for wool the identity of
which is to be preserved, omitting the statement of grade as per-
mitted by Section 18 of the Act, previously summarized, such re-
ceipt shall bear on its face the words "No grade stated."

89

Chapter X
THE EDGE EXPORT FINANCE ACT
THE
Edge Bill, or Edge Export Finance Act, was introduced
in Congress by Senator Edge of New Jersey
in
July,
1919.
After undergoing some modifications in both the House
and Senate, the bill became a law on December 24, 1919,
upon its
approval by the President.
The fundamental purpose of this bill is to promote the foreign
commerce of the United States. Public discussions of the measure
have stressed the fact that under its provisions the business interests
of this country, with the co-operation of investors, are enabled to
assist in the reconstruction of Europe, and to extend long-term
credits to foreign buyers of American goods throughout the world.
The bill has a wide purpose, and is really designed to afford a method
for facilitating at all times the financing of American export trade
through the establishment of international banking or financial cor-
porations operating under Federal supervision.
Authority for Formation of Corporations
Authority for the formation of such corporations is contained
in Section 25 (a) of the Federal Reserve Act. This section, which
is entirely new, confers broad powers upon the Federal Reserve
Board, which is not only intrusted with the jurisdiction of the pro-
cedure relating to the organization of corporations under the Act,
but is also authorized to regulate their operations in numerous
important respects. The new legislation, in short, calls for action
by the Federal Reserve Board in order that its terms may be
carried fully into effect.
In its regulations issued in March, 1920, the Board has laid
down specific rules for the conduct of corporations formed under

90

Section 25 (a), and has expressly stated that it reserves the right
to amend these regulations whenever such a course may seem de-
sirable. The policy of the Board will be to promulgate such regu-
lations from time to time as it may consider necessary to permit
of the development of operations under the provisions of the Act
in the manner contemplated by Congress.
How Corporations May Be Organized
The first paragraph of Section 25 (a), relating to the organiza-
tion of corporations under the Act, reads as follows
:
"Corporations to be organized for the purpose of engaging
in international or foreign banking or other international or
foreign financial operations, or in banking or other financial
operations in a dependency or insular possession of the United
States, either directly or through the agency, ownership, or con-
trol of local institutions in foreign countries, or in such depen-
dencies or insular possessions as provided by this section, and to
act when required by the Secretary of the Treasury as fiscal
agents of the United States, may be formed by any number of
natural persons, not less in any case than five."
The next succeeding paragraph stipulates that such persons
shall enter into articles of association, specifying in general terms
the objects for which the association is formed. These articles
may also contain any other provisions not inconsistent with law
which the Corporation* may choose to adopt for the regulation of
its business and the conduct of its affairs. All of the persons intend-
ing to participate in the organization of the Corporation are
required to sign the articles of association, which shall then be
forwarded to the Federal Reserve Board and filed and preserved
in its office.
The Board has provided a form (Form 151) which is suggested
as a satisfactory form of articles of association.
Form of Organization Certificate
The persons signing the articles of association must also make
an organization certificate stating the name assumed by the Cor-
Whenever the word Corporation Is spelled with a capital C, it refers to a cor-
poration organized under Section 25 (a) of the Federal Reserve Act.

91

poration, which shall be subject to the approval of the Federal

Reserve Board ; the place or places where its operations are to be
carried on ; the place in the United States where its home office is
to be located ; the amount of its capital stock and the number of
shares into which the same shall be divided ; and the names and
places of business or residence of the persons executing the cer-
tificate and the number of shares to which each has subscribed.
The organization certificate must also state that it is made to
enable the persons subscribing the same, and all other persons,
firms, companies, and corporations, who or which may thereafter
subscribe to or purchase shares of the capital stock of such Cor-
poration, to avail themselves of the advantages of the Act.
The Federal Reserve Board has provided a form (Form 152)
for this purpose. After the persons signing the organization cer-
tificate have acknowledged the execution thereof before a judge
of some court of record or notary public, the certificate shall be
forwarded to the Federal Reserve Board to be filed in its office.
Authority to Commence Business
In its regulations covering Section 25 (a), the Federal Reserve
Board has ruled that no Corporation which issues its own bonds,
debentures, or other such obligations will be permitted to have the
word "bank" as a part of its title, and that no Corporation which
has the word "Federal" in its title will be permitted also to have
the word "bank" as a part of its title. The title of the Corpora-
tion, so far as possible, should indicate the nature of the business
contemplated, and should not resemble the name of any other
corporation to the extent that it might result in misleading the
public as to its identity, purpose, connections, or affiliations.
After the articles of association and organization certificate
have been approved by the Federal Reserve Board, a preliminary
permit to begin business will be issued. Before the Board will
issue its final permit to commence business, however, the president
or cashier of the Corporation, together with at least three of the
directors, must certify:
(a) That each director elected is a citizen of the United
States.
(b) That a majority of the shares of stock is owned by
citizens of the United States, by corporations the controlling

92

interest in which is owned by citizens of the United States,

chartered under the laws of the United States, or by firms or
companies the controlling interest in which is owned by citizens
of the United States.
(c) That of the authorized capital stock specified in the
articles of association at least 25 per cent, has been paid in in
cash and that each shareholder has individually paid in in cash at
least 25 per cent, of his stock subscription.
When these requirements have been met, the cashier shall
thereafter certify to the payment of the remaining installments as
and when each is paid in.
No Corporation may be organized with a capital stock of less
than $2,000,000,
and none will be permitted to issue stock of no
par value. In the articles of association, the par value of each
share of stock must be specified ; if there is more than one class of
stock, the name and amount of each class, and the obligations,
rights, and privileges attaching thereto shall be set forth fully.
The purpose is to have each class of stock so named as to indicate
to the investor, as nearly as possible, what is its character, and to
put him on notice of any unusual attributes.
Rules Governing Transfers of Stock
The Federal Reserve Board, exercising the authority con-
ferred upon it by law, has promulgated somewhat extended regu-
lations governing the transfer of the stock of any Corporation
formed under Section 25 (a), and has ruled that shares of stock
shall be issuable and transferable only on the books of the Cor-
poration.
It is expressly stipulated in these regulations that every appli-
cation for the issue or transfer of stock shall be accompanied by an
affidavit of the party to whom it is desired to issue or transfer
stock, or by his or its duly authorized agent, stating, in the case of
an individual, whether or not he is a citizen of the United States,
and if a citizen of the United States, whether he is a natural-born
citizen or a citizen by naturalization. If the latter, the individual
must state whether he remains for any purpose in the allegiance
of any foreign sovereign or government. He must also make
known whether or not there is any arrangement under which he is

93

to hold the shares or any of the shares which he desires to have

issued or transferred to him, in trust for or in any way under the
control of any foreign State or any foreigner, foreign corporation,
or any corporation under foreign control. If such an arrangement
exists, the nature thereof must be specified.
The same general regulations apply in the case of a corpora-
tion, or of a firm or company. If a corporation is not chartered
under the laws of the United States or of a State of the United
States, no further declaration is required ; but if a corporation is
chartered under those laws it must be declared whether or not the
controlling interest in such corporation is owned by citizens of the
United States. Where the issue or transfer of stock affects a firm
or company, it must be stated whether or not the controlling interest
in such firm or company is owned by citizens of the United States.
In both cases, as in the case of an individual, there must be a
declaration as to whether any arrangement exists for holding the
shares in trust for or in any way under the control of foreign
interests.
Stock Held Contrary to Law
It is further provided in the regulations of the Federal Reserve
Board that the board of directors of any Corporation organized
under Section 25 (a) may, before making any issue or transfer of
stock, require such additional evidence as they may deem necessary
in order to determine whether or not the issue or transfer of the
stock would result in a violation of the law. The decision of the
board of directors shall in each case be final and conclusive. No
issue or transfer of stock which would cause 50 per cent, or more
of the total amount of stock issued or outstanding to be held con-
trary to the provisions of the law shall be made upon the books
of the Corporation. On this point, the regulations of the Federal
Reserve Board read as follows:
"If at any time, by reason of the fact that the holder of any
shares of the Corporation ceases to be a citizen of the United
States, or, in the opinion of the board of directors, becomes sub-
ject to the control of any foreign State or foreigner or foreign
corporation or corporation under foreign control, 50 per cent, or
more of the total amount of capital stock issued or outstanding
is held contrary to the provisions of the law or these regulations,

94

the board of directors may, when apprised of that fact, forthwith

serve on the holder of the shares in question a notice in writing
requiring such holder within two months to transfer such shares
to a citizen of the United States, or to a firm, company, or cor-
poration approved by the board of directors as an eligible stock-
holder. When such notice has been given by the board of direc-
tors, the shares of stock so held shall cease to confer any vote
until they have been transferred as required above, and if on the
expiration of two months after such notice the shares shall not
have been so transferred, the shares shall be forfeited to the
Corporation."
Investments in Other Corporations
The first paragraph of Section 25 (a), as previously shown,
provides that a Corporation formed under this section may engage
in international or foreign banking or other international or for-
eign financial operations, or in banking or other financial opera-
tions in a dependency or insular possession of the United States.
No Corporation is permitted to carry on any part of its busi-
ness in the United States, except such as may be incidental to its
international or foreign business. With the approval of the Fed-
eral Reserve Board, agencies may be established in the United
States for specific purposes, but not generally to carry on the
business of the Corporation. In no case shall a Corporation estab-
lish any branches except with the approval of the Federal Reserve
Board, and no branch may be established in the United States.
It being contemplated by the Act that a Corporation shall
conduct its business abroad, either directly or indirectly through
the ownership or control of corporations, it is accordingly pro-
vided that a Corporation may invest in the stock, or other certifi-
cates of ownership, of any other corporation organized under the
terms of Section 25 (a)
;
under the laws of any foreign country or
a colony or dependency thereof; or under the laws of any State,
dependency, or insular possession of the United States. This only
applies, however, if such other corporation is not engaged in the
general business of buying or selling goods or commodities in the
United States, and if it is not transacting any business in the
United States except such as is incidental to its international or
foreign business.
No Corporation, except with the approval of the Federal Re-

95

serve Board, shall invest an amount in excess of 15 per cent, of its

capital and surplus in the stock of any corporation engaged in the
business of banking, or more than 10 per cent, of its capital and
surplus in the stock of any other kind of corporation. Further-
more, no Corporation is permitted to purchase stock in any other
corporation organized under the provisions of Section 25 (a) or
under the laws of any State, which is in substantial competition
therewith, or which holds stock or certificates of ownership in
corporations which are in substantial competition with the pur-
chasing Corporation. The Federal Reserve Board points out, how-
ever, that this restriction does not apply to corporations organized
under foreign laws.
Issue of Debentures and Other Obligations
By the terms of the Act, each Corporation is authorized to
issue debentures, bonds, and promissory notes under such general
conditions as to security and limitations as the Federal Reserve
Board may prescribe.
The approval of the Board is necessary before a Corporation is
privileged to make any public or private issue of its debentures,
bonds, notes, or other such obligations, but this restriction does
not apply to notes issued by the Corporation in borrowing from
banks or bankers for temporary purposes not to exceed one year.
The Federal Reserve Board expressly states that its approval will
be based solely upon the right of the Corporation to make the issue
of debentures or other obligations, and shall not be understood in
any way to imply that the Board has approved or passed upon the
merits of such obligations as an investment.
In determining the amount of debentures or other such obliga-
tions which may be issued by a Corporation, the Board will con-
sider the general character and scope of the business of the Cor-
poration.
Every application for the approval of an issue of debentures
or other such obligations by a Corporation must be accompanied
by a report of the condition of the Corporation in such form and
as of such date as the Federal Reserve Board may require. A de-
tailed list of the securities by which it is proposed to secure such
issue must also be given, together with a statement of their ma-

96

turities,
indorsements, guaranties, or collateral, if any, and in gen-
eral terms the nature of the transaction or transactions upon which
they were based. There must also be furnished such other data
as the Federal Reserve Board may from time to time require.
In advertising the issue of the obligations of a Corporation, no
circular, letter, or other document shall contain any reference to
the fact that the Federal Reserve Board has granted its approval
of the issue to which the advertisement relates. The Board has
served notice that this regulation will be strictly enforced, so that
there may be no possibility of such a reference being construed as
an approval by the Federal Reserve Board of the merits or desir-
ability of the obligations as an investment.
Sale of Foreign Securities
If the approval of the Board is obtained, a Corporation may
offer for sale foreign securities with its indorsement or guaranty,
but such approval, if granted, shall not be understood in any way
to imply that the Federal Reserve Board has approved or passed
upon the merits or desirability of such securities as an investment.
Where application for the approval of such sale is made, it
must be accompanied by a statement of the character and amount
of the securities proposed to be sold, their indorsements, guaranties,
or collateral, if any, and such other data as the Board may require.
As in the case of the issue of debentures or other such obliga-
tions, no circular, letter, or other document advertising the sale of
foreign securities by a Corporation with its indorsement or guar-
anty shall contain any reference to the fact that the Federal Re-
serve Board has granted its approval of the sale of the securities to
which the advertisement relates.
Regulations Governing Acceptances
Through the enactment of Section 25 (a), a Corporation is
permitted, under such regulations as the Federal Reserve Board
may prescribe, to purchase, sell, discount, and negotiate, with or
without its indorsement or guaranty, notes, drafts, checks, bills of

97

exchange, acceptances, including bankers' acceptances, cable trans-

fers, and other evidences of indebtedness.
The regulations of the Board governing such operations are
given in detail in this booklet under Chapter VIII, "Regulations of
the Federal Reserve Board." To avoid repetition, they are omitted
here. In brief, however, it may be stated that these regulations
permit a Corporation to accept, subject to substantially the same
conditions as are imposed by law upon member banks, drafts drawn
by banks or bankers located in foreign countries, or dependencies or
insular possessions of the United States for the purpose of fur-
nishing dollar exchange as required by the usages of trade in those
countries, dependencies, or possessions. These regulations are
covered by Regulation K, Series of 1920.
Deposits and Reserve Required
Among the powers conferred upon a Corporation by Section
25 (a) is that of receiving deposits outside of the United States,
and of receiving such deposits within the United States as may be
incidental to or for the purpose of carrying out transactions in
foreign countries or dependencies or insular possessions of the
United States.
The Federal Reserve Board has ruled that outside the United
States a Corporation may receive deposits of any kind from indi-
viduals, firms, banks, or other corporations. It is expressly stipu-
lated, however, that if a Corporation has any of its bonds, deben-
tures, or other such obligations outstanding it may receive abroad
only such deposits as are incidental to the conduct of its exchange,
discount, or loan operations.
In the United States, no Corporation shall receive any deposits
except such as are identified with the carrying out of transactions
in foreign countries or dependencies of the United States where the
Corporation has established agencies, branches, correspondents, or
where it operates through the ownership or control of subsidiary
corporations. Deposits of this character, the Federal Reserve
Board has ruled, may be made by individuals, firms, banks, or
other corporations, whether foreign or domestic, and may be time
or demand deposits.
The regulations governing reserves against deposits received

98

in the United States stipulate that a reserve of not less than 13

per cent, must be maintained against all such deposits. This re-
serve may consist of cash in vault, a balance with the Federal re-
serve bank of the district in which the head office of the Corpora-
tion is located, or a balance with any member bank. In the matter
of deposits received abroad, the regulations require that reserves
against such deposits be governed by local laws, and by the
dictates of sound business judgment and banking principles.
General Limitations and Restrictions
Exercising the power conferred upon it to fix such general
limitations and restrictions as may be deemed necessary, the Fed-
eral Reserve Board has ruled that the total liabilities to a Cor-
poration of any person, company, firm, or corporation for money
borrowed, including in the liabilities of a company or rirm the
liabilities of the several members thereof, shall at no time exceed
10 per cent, of the amount of its subscribed capital and surplus,
except with the approval of the Board.
It is stated, however, that the discount of bills of exchange
drawn in good faith against actually existing values, and the dis-
count of commercial or business paper actually owned by the
person negotiating the same, shall not be considered as money
borrowed within the meaning of this regulation. The Board has
also decided that the liability of a customer on account of an
acceptance made by the Corporation for his account is not a liability
for money borrowed within the meaning of this regulation unless
and until he fails to place the Corporation in funds to cover the
payment of the acceptance at maturity, or unless the Corporation
itself holds the acceptance.
Except with the approval of the Federal Reserve Board, the
aggregate liabilities of a Corporation outstanding on account of
acceptances, average domestic and foreign deposits, debentures,
bonds, notes, guaranties, indorsements, and other such obligations
shall not exceed at any one time ten times the amount of the
Corporation's subscribed capital and surplus. In determining the
amount of liabilities within the meaning of this regulation, indorse-
ments of bills of exchange having not more than six months to

99

run, drawn and accepted by others than the Corporation, shall

not be included.
Advantages of New Legislation
From the foregoing analysis of the terms of the Edge Bill
and the regulations of the Federal Reserve Board governing the
operations of corporations organized under the Act, it will be
apparent that important new legislation has been provided for the
promotion of the foreign commerce of the United States. It is
not the intention here to discuss at length the advantages of this
bill, but merely to sum up in a general way the manner in which
its provisions may be utilized for the purpose of facilitating
American export trade.
Adequate machinery for the financing of this nation's exports
has heretofore been lacking, and the difficulty of meeting the
credit requirements of foreign buyers has been an impediment
to the full development of this business. In the present period
of reconstruction in Europe, there is a special need for some
method whereby the financing of American exports may be facili-
tated, and the Edge Bill affords a practical means for the accom-
plishment of that object. To what extent it will prove effective,
will depend mainly upon the measure of support which the
corporations formed under the Act may receive from investors in
this country.
Support of Investors Essential
That the support of investors is essential to the successful
operation of corporations organized under the Edge Bill may be
judged from the fact that the funds which such corporations may
advance to foreign purchasers of American goods must, in the last
analysis, come from the investing public here. While these cor-
porations may extend financial accommodation to foreign buyers,
they are enabled to do so only through the sale of their own de-
bentures or other obligations to the investors of this country, the
money so raised being employed in paying for goods exported to
purchasers abroad. Without the support of investors, therefore,
such corporations would not be in a position to operate.

100

The operations of these corporations, it is important to note,

are not confined to Europe alone ; they may operate in any and all
foreign countries, and even in the dependencies and insular pos-
sessions of the United States. The number of these corporations,
moreover, is not limited by law ; any number of them may be in-
corporated that meet the provisions of the Act and have the ap-
proval of the Federal Reserve Board.
Powers of Corporations Varied
As previously stated, such corporations have power, subject to
the regulations of the Federal Reserve Board, to purchase, sell,
discount, and negotiate notes, drafts, checks, bills of exchange, ac-
ceptances, and other evidences of indebtedness. They may also
lend and borrow money, and may accept deposits within certain
specified limitations. These corporations have authority, in short,
to conduct general banking operations.
An essential part of the business of a Corporation formed under
the Act, as has already been shown, is the offering of its own
debentures or other obligations to the investing public. Such de-
bentures or other obligations, when secured by collateral satis-
factory to the Federal Reserve Board, may be sold to anyone who
may care to purchase them. It is with the funds obtained through
the issue of its debentures or other obligations that the Corpora-
tion is enabled to make advances to foreign buyers, and thus aid in
the financing of American exports.
After the passage of the Edge Bill, its sponsor, Senator Edge
of New Jersey, made a statement in explanation of the purposes
and workings of the Act, and this statement is reproduced herewith,
in part:
"Now that the so-called Edge Export Finance Bill has be-
come a law, through approval by the President, it may be well to
call attention to two features of the measure. First, it is not
merely and solely a financial measure, and, second, it is not com-
pulsory. Sound business is based on sound finance, and the new
law is designed to strengthen both the foundation and the super-
structure. It provides the authority and procedure for financing
the American export trade, but it compels neither the Govern-
ment nor private enterprise to embark on the venture.
"From impoverished purchasers, an export finance corpora-

101

tion accepts collateral satisfactory to the Federal Reserve Board,
and against this issues debentures for sale to investors, the
money so raised going to the American producers or exporters.
Under the Federal Reserve Act, banks may not rediscount paper
of more than 90 days' maturity; under the Edge Act, paper is not
rediscounted, but is held as collateral for the debentures.
Finally, through government supervision exercised by the Fed-
eral Reserve Board, the safety of all transactions is assured
throughout as far as is humanly possiblethe vendors are paid
real cash, so run no risk, and the stockholders of the corpora-
tions and the purchasers of the debentures are safeguarded by
the Federal Reserve Board."
102-
Chapter XI
THE FEDERAL BILL OF LADING ACT
THE
Federal Bill of Lading Act, which went into effect
January 1, 1917, renders the bill of lading a complete
negotiable instrument and prescribes the conditions under
which it shall be issued. By this new law, the liabilities of the
railroads are more clearly defined and the danger of loss through
fraudulent bills of lading is much lessened. Rules are laid down
for the cancellation of spent bills, and duplicate bills of lading are
regulated. This Act is of unusual importance to the business and
banking world, and a digest of it is here given, as the bill of
lading, in the last analysis, is not only a receipt for goods delivered,
but also represents the ownership and is the basis for acceptances
and bills of exchange, both domestic and foreign.
The Act governs bills of lading issued by any common car-
rier for the transportation of goods in any territory of the United
States, or the District of Columbia, or from a place in a State to a
place in a foreign country, or from one State to another, or from
a place in one State to a place in the same State through another
State or foreign country.
Two Kinds of Bills of Lading Denned
Two kinds of bills of lading are defined : the straight bill and
the order bill.
A straight bill is one which states that the goods are con-
signed or destined to a specified person. It is not negotiable and
must be so marked by the carrier.
An order bill is one in which the goods are consigned to the
order of any person, and is always negotiable, unless upon its face
and by written agreement the shipper distinctly specifies to the
contrary. Order bills may not be issued in parts or sets for the
transportation of goods to any place in the United States on the

103

Continent of North America, except Alaska and Panama. If so

issued, the carrier will be held liable to anyone who purchases a
part of the shipment for value in good faith, even though the pur-
chase be made after the delivery of the goods. Order bills, how-
ever, may be issued in parts or sets for the transportation of goods
to Alaska, Panama, Porto Rico, the Philippines, Hawaii, or foreign
countries. When more than one order bill is issued for goods to
be transported within the boundaries of the Continental United
States, the word "duplicate," or some other word or words indi-
cating that the bill is not an original, must be placed plainly on
the face of each bill, except the one first issued. A bill marked
"duplicate" makes the carrier liable only to the extent of declaring
that it is a true copy of the original. The insertion in an order bill
of the name of a person to be notified of the arrival of the goods
does not limit its negotiability.
To Whom Carriers May Make Delivery of Goods
Carriers, in the absence of a lawful excuse, must make deliv-
ery to the consignee named in a straight bill, and to the holder of
an order bill if the demand is accompanied by an offer to satisfy
the carrier's lawful lien upon the goods; or by an offer to sur-
render the bill, properly indorsed ; or by a willingness to sign a
receipt for the delivery of the goods.
The carrier is also justified in delivering the goods to a person
lawfully entitled to their possession; to the consignee named in a
straight bill ; or to a person possessing an order bill which states
that the goods are to be delivered to his order, or which has been
indorsed to him, or in blank, by the consignee.
Deliveries for Which the Carrier Is Liable
A carrier is liable when delivery is made to one who is not
lawfully entitled to the goods; also when the carrier has been
requested by a person having a right of property or possession not
to make delivery; or when informed at the time of delivery that
it was to a person not lawfully entitled to the possession of the

104

goods, provided that such information

be given to a proper agent
of the carrier in time to stop delivery.
The carrier is also liable when it fails to take up and cancel an
order bill on delivery. The exceptions are : when the carrier acts
under compulsion of legal process, or if the bill is later acquired
for value in good faith; and when it fails to mark the bill with a
description of the partial delivery.
Any alteration, addition or erasure in a bill, if made without
the carrier's authority, is void. When a bill is lost, stolen or
destroyed, a court of competent jurisdiction may order the deliv-
ery of the goods upon satisfactory proof, upon an indemnifying
bond being given, and the payment of the carrier's costs and coun-
sel fees. A voluntary indemnifying bond without a court order
is binding, but it will not relieve the carrier from liability in case
the order bill has been negotiated for value without notice of
delivery.
A carrier is liable for non-delivery when the title has not been
transferred to the carrier by the consignor or consignee, or when
the carrier has no lien on the goods.
When the goods are claimed by one or more persons, the
carrier may require all known claimants to interplead.
A carrier is not liable for the non-delivery of goods if he
has information that some person other than the consignee or
holder of the bill has a claim to their title or possession, but this
limitation continues only until the validity of the adverse claim
is determined.
<<
Shipper's Weight, Load and Count"
When the goods are loaded by the carrier, the carrier must
count the packages, when it is package freight, and must ascer-
tain the kind and quantity if it is bulk freight. If "Shipper's
weight, load and count" is inserted in a bill under the foregoing
conditions, such insertion will be held to be void.
If the shipper loads the goods and the bill states that it is
the shipper's weight, load and count, the carrier must ascertain
the kind and quantity of the merchandise, but is not liable for
improper loading or misdescription of the goods in the bill of
lading.

105

Where the shipper of bulk freight installs adequate facilities,

and makes the request in writing, the carrier shall ascertain the
kind and quantity of the bulk freight, and, upon verification, need
not insert "Shipper's weight," etc., in the bill.
Rights of Creditors to Attach Bills of Lading
A carrier is liable for the acts of its authorized agent to the
owner of goods covered by a straight bill, and to the bona fide
holder for the value of an order bill, although the goods may not
be received by the carrier or may be misdirected.
While in possession of a carrier, goods may not be attached
by garnishment or otherwise, unless the bill is first surrendered
to the carrier or its negotiation enjoined. A creditor whose debtor
is the owner of an order bill is entitled to the aid of courts of
jurisdiction in attaching such bill. When an order bill is issued,
a carrier has a lien on the goods for all transportation and delivery
charges. After the goods have been sold to satisfy that lien, or
when goods have not been claimed, or when they are perishable or
hazardous, the carrier is not liable for delivery.
Negotiating or Transferring Bills of Lading
An order bill may be negotiated by the indorsement of the
person to whose order the goods are deliverable, which indorse-
ment may be in blank or to some specified person. Subsequent
negotiation may be made in like manner.
A bill may be transferred by the holder by delivery, accom-
panied by an express or implied agreement to transfer title to the
bill or to the goods it represents. A straight bill cannot be nego-
tiated free from existing equities.
An order bill may be negotiated by any person who possesses
it, 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 person to whom an order bill has been duly negotiated
acquires thereby such title to the goods as held by the negotiation,
the consignor or the consignee.

106

The person to whom a bill has been transferred, but not

negotiated, acquires thereby as against the transferor of the title
to the goods, subject to the terms of any agreement with the trans-
feror. If it is a straight bill, such person has the right to notify
the carrier of the transfer, and thereby becomes the direct obligee
of the carrier's obligations. A transfer, however, may be defeated
by garnishment by a creditor, or by prior notification to the
carrier of a subsequent sale of the goods by the transferor, which
notification, however, must be made within a reasonable time.
Where an order bill is transferred for value by delivery, the
transferee acquires right against the transferor to compel him to
indorse the bill when this is essential for negotiation.
Warrants, Indorsements, Rights and Remedies
A person who negotiates or transfers for value a bill by indorse-
ment or delivery, unless a contrary intention appears, warrants
:
that the bill is genuine; that he has a legal right to transfer it;
that he has knowledge of no fact which would impair the validity
or worth of the bill ; and that he has a right to transfer the title to
the goods.
The indorsement of a bill does not make the indorser liable
for obligations of prior indorsers or for any failure on the part
of the carrier to fulfill their respective obligations.
A mortgagee or pledgee or other holder demanding payment
of a debt is not deemed by so doing to warrant the genuineness
of the bill held as security, or the quantity or the quality of the
goods.
The validity of the negotiation of a bill is not impaired when
received in good faith for value, even though the negotiation was
a breach of duty, or if the owner should have been deprived of
the bill by fraud, accident, mistake, duress, loss, theft or con-
version.
Where a person has sold, mortgaged or pledged goods which
are in the carrier's possession, covered by an order bill, or has
done so while the order bill representing the goods continues in
his own possession, the subsequent negotiation by that person
has the same effect as if the first purchaser of the goods or bill
had expressly authorized the subsequent negotiation.

107

No lien or right of stoppage in transit defeats the right of

a purchaser of an order bill in good faith. The carrier is not
justified in delivering the goods to an unpaid seller unless the
bill is first surrendered for cancellation. The rights and remedies
of a mortgagee or lien holder against the purchaser of a bill for
value are not limited, except as above.
Forgeries, etc., are to be judged misdemeanors punishable by
imprisonment not exceeding five years, or by fine not exceeding
$5,000, or both.
108

PMIMTCC IN CO'V'MC <**.!

APPLICATION FOR COMMERCIAL LETTER OF CREDIT.
Jaauaxy..<lSth*.~18&L*
1
9
THE AMERICAN EXCHANGE NATIONAL BANK
NEW YORK.
Gentlemen
Please
au&X
by
mfi\
your COMMERCIAL LETTER OF CREDIT as per particulars below
for which we will duly sign your form of contract
In favor of
Messrs
. .
John. Doe and Company
,
Yokohama
>
Japan
.
_
-\C3W0ITSD PAflT*
Available by Drafts on JGQlUEftAlXSA.
BANK Cfl PLACE
For Account of_ .Messrs. Henry .Jones and Companj^_New_YcLrk_
!U
For not exceeding
$10>OOO#
FOfl WHO& ACOUbT
Drafts Drawn at __cur_month6...sight_
6HT, IXTY, hlNtTY D*TS BIGHT, ETC
Against shipment of ...general merchandise freight. ..prepaid.
MEflCNAMQiet
Shipment from Japan to WOW, York
POST OF SHIPMENT POR1
Bill of Lading to be dated not later than April,15th, -1921
Marine Insurance to be effected by shipper
War Insurance to be effected by .'.!.
.
(
If Insurance is effeded by applicant please stale names
of
Insurance Companies andgive Policy
Numhers.}
All Insurance to be in first class companies and policies delivered to you
ifrequired.
DOCUMENTS TO ACCOMPANY DRAFTS:
Invoice .X , Insurance Certificates
%
,
Bills of Lading
X
Weight Ceruncate*
Consular Invoice...
Drafts to be drawn priorto May.lstj. 1921. ._ _
Deliver documents when received by you to. ... Henry Jones
BttUGOU* $llL_YorJc_
REMARKS
Yours truly,
Henry Jones and Company
Form of Application for Commercial Letter of Credit
vt/
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WA w#y
'#/?>
0,000.00#
~^J^JANUARY
19th, 1921.
S^l/^eAir-J JOHN DOE AND COMPANY,
YOKOHAMA, JAPAN.
ftccjw
^^m>a^MESSRS. HENRY JONES & COMPANY, NEW YORK, N. Y. J^an^^tot^n/'
Sw^ccetdbtti/- TEN THOUSAND
^<^^.%f?%*r>wi<>yS
[. ^FREIGHT PR
r^w^/rnvj/Jex^ztv/iAzA POUR
(4)
MONTHS.
jAftm*?t4y?
GENERAL MERCHANDISE PROM JAPAN TO NEW YORK. PREPi
Hiuran^A
'4a*u#M%Mi&4$$i&eJ
BY SHIPPERS, CERTIFICATES TO ACCOMPANY DRAFTS.
/^z2**A^;*/*2^^^>2^^ MAY 1ST,
1921,
f>C**K).
cJ&^tim<zm(xtmam4l/y^^
: M/rieyer iffirttptt 3[^ar6n*n/
Form of Commercial Letter of Credit
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Arrgytattrg (&ttb\t Agmnrntt
For and in consideration of the acceptance by THE AMERICAN EXCHANGE NATIONAL
BANK, NEW YORK, of our draft (s) on them numbered __8.7. dated J fin. 24k....JL92L,
BaaluJfett-Xga&. y.
for ElejjBJ^_tho.Usar^.J-irJ3_.Ja.un&^ Dollars,
($.11. &4_L_--
), as part of the same transaction, we hereby promise and agree, on or before
the day prior to the due date of said draft to pay in New York funds to the Bank the amount payable
by the said Bank thereon, and as collateral security for the doe and punctual performance for such obli-
gation, as well as for the payment of any and every debt or liability of every nature from the under-
signed to said Bank, we hereby deposit with and assign and transfer to said Bank the following
property
:
Olive Oil imported froa Ttaly.
with other additional collaterals as may from time to time be required by any of the officers of said
Bank, and which the undersigned hereby promises to furnish on demand. And the undersigned hereby
gives to said Bank, or its assigns, full power to sell, assign or deliver the whole or any part of
said collaterals, or any substitute therefor, or any additions thereto, at any Brokers' Exchange or else-
where at public or private sale, at the option of such holder, on the non-performance of any of the
premises herein contained, and without notice of amount due or claimed to be due, without demand
of payment, without advertisement and without notice of the time or place of sale, each and every of
which is hereby expressly waived ; and on any such sale, the Bank, its assigns or any of the officers of
said Bank, may purchase on its own account, and without further accountability except for the pur-
chase price thereof, the whole or any part of the property sold free from any right of redemption on the
part of the undersigned, which right is hereby waived and released.
It is further agreed; that any surplus arising from the sale of said collaterals beyond the amount
due hereon, shall be applicable upon any claim of the said Bank arising directly or by assignment
against the undersigned at the time of said sale, whether the same be then due or not due.
And it is further agreed that any moneys or properties, at any time, in the possession of THE
AMERICAN EXCHANGE NATIONAL BANK, NEW YORK, belonging to any of the parties liable
hereon to said Bank, and any deposits, balance of deposits or other sum at any time credited by or due
from said Bank to any of said parties, shall at all times be held and treated as collateral security for the
payment of any other obligation, indebtedness or liability of the undersigned to the said Bank, whether
due or not due, and said Bank may at any time, at its option, set off the amount due or to become
due hereon or any Other obligations against any claim of any of said parties against said Bank.
And it is further agreed that upon the non-performance of any of the promises herein contained,
that any and all claims held by the said Bank at such time and arising directly or by assignment
against the undersigned shall immediately become due and payable.
It is also agreed that said collaterals may from time to time, by mutual consent, be exchanged
for others, which shall also be held by said Bank on the terms above set forth, and may be applied to
any other obligation now or hereafter to be incurred by the undersigned to said Bank, whether due
or to become due.
The rights given by this document to the said Bank are transferable by endorsement
JOSEPH SMITH & COMPANY
New York lGU&XiL^2A.i/h._ 19-l
Form of Acceptance Credit Agreement
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