Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1908)
NEW BANKING LI IN EFFECT S ON Statute Passed by Legislature of 1907 Becomes Opera tive Next Wednesday. INSPECTION PROVIDED FOR Examiner to Make Intej-ligatlon at I.eaM Once Yearlv Various Safe guard for Depositor!.- Money. Amendments Are Proposed. FEATI RES OF OKMiON BANKINO LAW. Limits to:al liability t. any bank by jLT.y perjTi or rorrfrntl-Ti to " per ent of acrpR-ale raid-In capital and surplus of bar.k nMkir.a loan. Requires publication of detailed statements the Fame a are now pub lished by National bank. Regulates amount of rapital ftfxk of banka In VllnK to population of city in ahloh they a-e locate-l. Re.ulr- lank. In titles of less than fVMio f..uiatin to carry available eaerh nMTvf of l." er cent of their demand llahllitifa anl H per cent of their time deix-slts: in cities of .V'.iwfl population and more banka mu'l carry rash reserves amounting to ' per cent of their demand liabilities and lO per cent of time dopoeit: at lea.-l one-third of these reserve pereentaK'-e ahall con plat of actual cah on hand. ITovld. for lnie.-t.n of every" bank by State Bank Kxamlner at least once annually. For thle ex-tnrination banka pay a fee of. frwn to -."". acrord Ing to the amount of their capitalization. Oregon's slHte hanking law. enacted nt the 1I7 session of the legislature. he roines operative In every particular next Wednesilny. November IS. National banks ire nut included in the application of this statute, which is .losiKned letter to reinit iate tlw bankitiK luisincss conducted by private corporations by thrnivinr nrotind tt fe(tuard whi. li make for tlie protec tion of the depositor. Tlie purpose of the law In its present form will he further promoted, it is r-porKd. by several im portant amendments hlch will In- pro posed during the cominic session of the llfUslature. Besides limiting the amount of liability iny person or corporation may Incur at a hank, requiring- hanks reKiilarly to pub lish detailed statements of their condition, regulating the amount for which banks may he capitalized, and n 'quiring an available rash reserve to le. kept on hand at all times, tills statute provides for a State Hank Kxamlner who snail make a detailed examination of every banklnK institution in the slate at least once a year. This ofilrer. James Steel, alreadv has assumed the duties of his Ofnce. having hern appointed by the Hoard of Bank t'.mimissiorirrs. created by the act. and consisting of the Coventor. Sec retary of State and State. Treasurer. Hanks Made Subject to Kxaminnlion Cnder the provisions of this Ian all private banks were requind not li'.ter than August 1".. last, or 12 months after that feature of the law went Into effect, to file with tfie Hank Examiner a de tailed statement of their resources and liabilities. Subsequent to next Wednes- -V. or 1 l ninths following the passage . be law. ell mieli banks become suli examlnation at tlw hands of the Baiu aaminer and to all of the penal ties prescriUd In tile law. Banks ami banklt g Institutions within the meaning of the law are denned in section i as fol lows: Any person, firm or corporation (except allonal hanko havlni; a I.iee of business within this Mate here credits are opened bv the d.-D..it or .-.He. Hon of money or turremv or n. ctiai le pai. r subject to he pld or rmtt:-.l upon dm:, reco.pt. enecK. e. order, shall !.e regarded a a tank or bunker, and as doing a l..inkin business under the provudons of this act. It Is provide.! that no banking Insti tution shall have less than three di rectors, while those that may be orean ixed after the law goes Into effect shall file with the State Hank Ex aminer a certified copy of Its articles of Incorporation before beginning busi ness. The capital stock for winch banks shall be ncorporat ed is fixed according to the populatiot if the city In which the proposed .-. S..K shall be located. In cities of lul population or less the capital stock shall be $10,000: in cities of 2!MMi population. $-'". ooo: be tween jrtoit and Soon. $3n.ioo: over 50o. $r,0.ooo. In all cases o per cent of Die capital st.Hk must be paid in be fore the bank can begin business and the remaining tine-half of the capital slock must be paid in the following six mi.nl lis. Provision Is made for the sale ! the directors of a bank i the stock of a delinquent stockholder after ten days' notice of the proposed sale has hern published in a newspaper in the county seat. If no bidder appears at the sale the stock reverts to the bank and if not sold by the directors subsequently and within a year it shall be canceled and held as unissued capital stock of the bank. If it Is sold before cancela tion, any surplus, less the costs, shall be returned to the original stockholder. If the cancelation of such stock re duces the paid capital of the bank be low the minimum required by law. the paid capital shall, within 30 days, be Increased to the required amount by ordinal subscription. failure to romp!;, with this provision of the law will be held to be sufficient cause for closing the bank and arranging for a distribution of Its assets. When the Hank Kxamlner is satisfied that .V per cent of the capital stock of a ne-wly organized bank has been paid in. lie shall issue a certificate within 30 days certifying to that fact and authoril Ing the bank to do business. These banks, however, are I'-einrcd to bo examined by the Hank Kx. .inner within three months following the.r o: i;aniz.Lllon. Stock I Personal Property. I'n.ler trie law s'i;tres of st.x-k In in corporated banks wili be considered per sonal properly and may be transferred on the tHH.ks of the iMiik as directed by Its by-laws and as required by law. Banks are prohibited from squiring as collat eral or bv purchase its own capital stock except where either pnieedure is neces surv to prevent loss upon a debt prev iously contracted In g.xl faith. In such cases, unless full pavnwnt of such debt Is made, the stock shall be sold by the bank within 11' months after It is ac quired. Kvery bank also must keep a complete record of ti e holders of the shar of stock together with their ad dresses. Banks will be permitted to hold and convey real estate for the following pur roses and no others: pHt Such re-il eststs as shad be neets--y In wti'ori t" transact the husinr of n'v nuch l.jnk. Ineludinc "' " l'''l"" c&.taa. other iiiuiasa in iif LuUdiiul to rent as a source of income, but which shaTl not exceed in cost to said bank R'l per rent of lt paid-in capital, surplus and un divided profits. Second Such real estate as shall be pur chased by or conveyed to such bank In satisfaction of or on account of debts pre viously contracted in the coarse of Its busi ness. Third Such real estate as it sha.l pur chase at sale under Judgments, decrees w mortgage foreclosure under securities held by it. Anr real estate heretofore c0u''Ta for any purpose than sa specified in subdi vision 1 of this section in any manner or form snail be sold wltialn five years from the time this act takes effect, and any real estate acquired as provided In said suodi visions 2 and S after this act goes into ef fect, shall be sold witnin Ave years after title thereto Is acquired. If any such real estate la not sold w.thln the time herein limited, it shall not tnereafter be carried as an awl or the bank. This section shall not apply to real estate purchased wilh tunas other than the capital and resources of such banking business, nor to real estate held in trust. Director Must Own $3000 Stock. Every director in a bank must own at least J.'.o-'.o of unincumbered stock in the Institution. Every three months a majority of the members of the board of directors Is required to meet and make an investigation of the bank's affairs, examine and inquire into all loans and the security deposited with the bank therefor. In declaring dividends it is re quired that not le?s than one-tenth of the net profits shall be carried as surplus until the surplus amounts to SO ocr cent of the paid capital. Against this surplus no charge shall be made until the surplus amounts to 20 per cent of the paid capital, except when the undivided profits are lasuff icient to cover losses. " A fine of $1000 and Imnrisonment not to exceed two years in the penitentiary are the penalties provided for any offi cers or owner of a bank who accepts deposits when he knows that the bank is insolvent. The owner, officer, qlerk or employe of a bank is liable to a fine of $10.10 if he certifies to a check unless the amount of the check actu ally stands to the credit of the drawer on the books of the bank. Section 20 limits the indebtedness any person, firm or corporation may assume at a bank. It provides as fol lows: The total liability to any hank of any person or of any company, corporation or firm, for money loaned, including the lia bilities of the company or firm, the liabili ties of the severa.1 members thereof, shall at no time exceed sr. per cent of the aggre gate paid-in capllal and surplus of such bank: but the discount of bills of exchange iliann in good faith against actual exist ing values, and the discount of commercial or business pajer actually owned hy the persons negotiating the same and loans made on or secured by real estate or personal property, warehouse receipts and bills o lading representing actual value shall not be restricied to or considered as coming wtlhln said limitation of per cent: pro vided, that such a loan shall not exceed 75 per cent of the actual value of said com mercial or business paper, warehouse re ceipts, or personal property, and that such loans shall not exceed .'.o per cent of the actual value of any real estate given as security for such loans. l'.orrouins by Employes Restricted. The officers, owners and employes of a bank. State Bank Kxamlner and his em ployes under the law are not permitted to borrow any money, secured or other wise, from any bank without the approval of a majority! of the hoard of directors. Any ot'licer or employe of a hank making such an unauthorized loan shall be held personally responsible to the bank for any loss to stockholders that might re suit. Every bank included in the provisions of the law in cities of less than oO.otW in habitants comprising alk state banks in the state outside of Portland are re quired to have on hand in actual cash or balances due from solvpnt banks, to be appioved by the State Bunk Examiner, not less than 15 per cent of their demand liabilities and 10 per ct nt of t'.ielr time deposits. Stale banks in Portland must carry available cash reserves of not less than 25 per cent of their demand liabili ties and 10 per cent of their time de posits. One-third of these reserve per ccntages must consist of actual cash. All state banks will be required to publish sworn detailed statements as to their financial condition in tlie same manner and at the same time as Na tional banks now do. Failure to make these reports at tlie prescribed time sub jects the delinquent bank to a daily lino of ". The State Bank JOxaminer also is required to submit an annual report to the Boand of Bank Commissioners In which he will show generally the condi tion of the banking business of the state, together with a statement of the work of his office, including all receipts and dis bursements. At least 240 of these reports are to be printed in pamphlet form for distribution. Each bank shall be examined by the Bank Kxamlner at least once annually and for this examination each institution shall pay a fee ranging from $20 to $250, according to the amount of Us capitaliza tion. The law contains a provision which says that a bank shall be liable to the payment of only one fee each year, re gardless of the number of times It may be examined. In making these examinations .the Bank Examiner Is empowered to ad minister an oath to the officers and em ployes of the banks In his efforts to ascertain the true condition of the In stitution. Any officer or employe con nected with- tiie bank under examina tion who shall swear falsely during such a n examination will be subject to a line of $1000 and imprisonment not less than six months In the County Jail. If an examination discloses the insolv ent condition of any hank, or that its capital Is Impaired or Its condition Is such as to render a farther continua tion of lis business hazardous to its creditors, depositors or the public, the l!ank Examiner may take Immediate possession of the bank. Herniation rfectins Examiner. Banks and bankers have the right under the law to prefer charges against the Bank Examiner for any violation of tlie provisions of the law respecting hla duties of touching on his fitness and his qualifications for the office. .All such charges f hall be heard before the Board of Bunk Commissioners. Tlie Bank Examiner is also required to report to the Board the names of all depositors In state banks not known to be living, and whose accounts have not been disturbed for a period of seven years. The Kxamlner also Is obliged to make public the list of such depos itors in such manner as the Board may prescribe. In event of the failure of any of the banks covered by the law. section 38 provides for tlie protection of the de positors as follows: ' In the event of the insolvency or bank ruptcy of any person, firm or corporation, maintaining, operating or conducting a bank or banking department, or doing busi ness within the meaning of this act, deposi tors of such bank or banking department shall have a first and prior lien on all the assets of such bank or banking department, and in the distribution of such assets or the proceeds thereof, the same shall first be applied to satisry the amount due such de positors: and If any person, firm or cor poration maintains, operates or conducts one or more brandies or subordinate banks, or more than one bank or banking depart ment, or does a banking business within the meanlnr of this act at more than one place Ibe depositors of any such bank or subordi nate bank or banking department shall have a. first and prior lien upon all the assets of such bank, branch or subordinate bank or banking department where such deposit was made or credit extended, and in the distribution of such assets, or the proceeds thereof, the same shall first be applied to satisfy the amount due such depositors. The bill enacting the state banking law and providing for a Slate Bank Ex omioer carried an appropriation of $10,000 annually for the salary of the j Examiner and ins expenses . ... o...te. The Bank Examiner receives an annual salary of $:i000 and traveling expenses. Charter Commission Adjourns. Owing to lack of a quorum, the Charter Revision Commission, which was to have held a meeiirg last nislit, aiii"rna to meet ajaiu nc.t, week. PAVING WAR IS GROWING BITTER Personalities and Charges Are Exchanged by Street Com mittee cf Council, STIRRED UP BY PETITION Movement to I,ay Belgian Brocks In Big North Portland District Starts Storm That Hits All Companies. The street committee of the City Coun cil, at its session yesterday afternoon, en gaged In a war of words over "patent" pavements. It started when a petition for Belgian blocks for a big district in North Portland, Introduced by Council man Kellaher, came up for consideration, and continued at intervals for two hours.' Councilman Vaughn, the chairman: Councilmen Concannon, DriSfOll and Kellaher took active part. The net result was that the Hassam Paving Company made big gains in securing recognition: the Warren Construction Company -was lampooned bv Mr. Vaughn, and the penny Clay Company, of Seattle, failed to re ceive favorable corrsideration. The whole affair revealed clearly the struggle between rival paving concerns to get business In Portland. The Warren Construction Company and the Pacific Bridge Company, who control the bitu-lithic- the Barber Asphalt Paving Com pany, which lavs asphalt, and the Hassam Paving Company, which has the exclusive right to lay hassam, are now actively engaged In putting In street Improve ments. The Hassam Company is Just sta.-ting In here. The Denny Clay Com pany a big Seattle concern, is now fight ing for entrance. All of these companies have their friends among the Council men, and arl waging a strong batUe for supremacy. It Is said the war bas only begun. Vaughn Favors Vitrified Brick. Mr. Vaughn has recently been con verted to the belief that the Denny Clay vitrified brick Is admirable for paving, having been over to Seattle several times, with other Councilmen. He It was who started the row yester day. Mr. Kellaher was objecting to a resolution by Mr. Annand. fixing the brick as the material for a district very much similar to the one created by the Kellaher petition. "Let the property-owners have Bel gian blocks, as that material is not patented." said Mr. Kellaher, support ing the petition. "Those blocks are controlled by the authority of all authorities on pat ents " replied Mr. Vaughn, heatedly. "If you mean theWarren Construc tion Company, it Is untrue." replied R. M. Shannon, a representative of the bltulithic concern. "And I say that it is true, just the same," retorted Mr. Vaughn. "I say It is not true." spoke up Mr. Drlscoll. "and I think It Is unmanly for the chairman to bring in these personal matters. I don't think the committee cares to hear 1C" Does Xol Own Quarry. "I say that there is no truth in Mr. Vaughn's statement that the Warren Construction Company owns stock in the St. Helens quarry, where the Bel gian blocks come from," said Mr. Con cannon, the Democratic colleague of Chairman Vaughn. "I am not surprised to hear Mr. Con cannon and Mr. Drlscoll defending the bltulithic trust," sarcastically replied Mr. Vaughn. "I know where they stand. But I repeat now that the War ren Construction Company does own a controlling interest in the St. Helens quarry, and I defy Mr. Shannon, Mr. Hoyt or anybody else to bring in affi davits to show that the bltulithic trust does not so control the quarry, from which the Belgian blocks are taken." "Your statement Is absolutely un true." replied Mr. Shannon. There was great uproar during this heated discussion, which caused Dr. Cottel to remark that the street com mittee is getting nearly as riotous as the liquor license committee. Refer Matter to Kavanaugh. The committee Anally voted to refer both the B"lgian block and the Denny clay brick matters to the City Attorney, and the members of the committee will make a personal Inspection of tlie districts named. Judge C. H. Carey, representing the Portland & Seattle Railway Company, and J. Couch Flanders, representing indi vidual owners, explained that some of the property named In the petition and the resolution under consideration is far below grade, and that any hard-surface Improve ment could not safely be laid. W. M. Davis, representing property owners who wish Denny clay brick im provement In the district, appeared before the committee and explained how the pe tition for Belgian blocks came to go be fore the Council last Wednesday at the same time as the resolution calling for brick. "Yes. Mr. Davis, tell the committee about that." urged Mr. Vaughn. "Well, after we had petitions for brick circulating for about six weeks," said Mr. Davis, "the petitions for Belgian blocks appeared." "Tes. and who circulated the petitions for the blocks?" asked Mr. Vaughn. Mr. Vaughn Again Sarcastic. "Why, Howard Whiting," replied Mr. Davis. "Oh. yes. Howard Whiting." said Mr. Vaughn with a sneer. "Lt's see; who is he. anyway? Do I know him? What does he look like?" "He used to be building inspector," suggested some one. "Oil, Indeed." replied Mr. Vaughn. "Now. gentlemen, let me tell you a little something which makes it look to the casual observer that the Warren Con struction Company controls the Belgian blocks. This Mr. Whiting gets his mail at the office of the Warren Construction Company, and " "He does not," interrupted Mr. Shan non. "We've had enough of this personal spite work." shouted Mr. Concannon. " And occupies a part of the office of the Warren Construction .Company fin ished Mr. Vaughn. That Is all untrue," said Mr. Shannon. Hassam Petitions Called X'p. Several petitions for hassam. in the Ir lngton district, were called up by Clerk Grutxe. Mr. Kellaher attacked this ma terial as beine controlled by a. trust, and said: "It is just like the bitulithic trust: you say others can bid on it. but you 'hold the string, and make the dummy jump. The string Is invisible, but It Is there, never theless. It s the old cry the people have to 'see' you. Just as they have had to see' the bitullthlc trust." "It is the most humiliating thing on earth, gentlemen." said Mr. Vaughn, "to be forced to vote to give Hie people any ona ul these trust pavements, but we've From the extremes of the past the very short topcoat and the too long ulster the fashion this season has settled on the medium length for the best overcoats the 40-inch. Here they are in infiinite variety, in patterns and de tails of cut in lapels, pockets, cuffs, buttons, etc. Prices from $10 to $30. mm CLOTHIERS 166-170 Third Street. got to do It if we get any improved streets. It Is a bad proposition right down the line that we are up against." The hassam petitions were favorably recommended to the Council, which gives that company much prestige In its fight for a part of the paving business in Portland. , MEYERS' CASE UP AGAIN I'athor Insists Sons Shall Admit Ex istence of Missing Xote. . SALEM, Or.. Nov. 20. (Special.! An other chapter in the famous Meyers controversy was commenced today when Joseph Meyers secured from Cir cuit Judge George H. Brnett an order citing his sons. H. W. and M. L. Meyers to show cause why proceedings should not be had to perpetute testimony as to the existence and loss of a certain note for ,38.600 given to Joseph Meyers by the defendants In 1907. and matur ing in 1917. This order was made upon the allegation of Joseph Meyers that he expects to bring suit sometime to col lect the note and that since It was in a box stolen from the Wells, Fargo Express Company last August, he de sires to establish the facts and make them a matter of record while the wit nesses are at band. This is the first time a proceeding of this kind has ever been brought in Marlon County. S. T. Richardson ap peared as attorney for Joseph Meyers. The proceeding is, authorized by the Btatutes of tlie state. The hearing w ill be had November 30. FUND MOVES TO $30,000 Eugene Y. M. C. A. Workers Confi dent They Can Raise $50,000. EUGENE. Or.. Xov. 20. Special.) Today was the fourth day of the Y. M. C. A. building campaign, and at noon the indicator of the big clock was moved up to J30.000. The subscriptions for the most part were small ones, showing good progress on the part of the workers. Two subscriptions were given for J1500 each. Tomorrow a great many people will be in Portland for the football game, but the work will be pushed nanJ here, so that the full $50,000 may be raised dur ing the next four days. i s SALEM PHYSICIAN SHOT (Continued Prom First Page. ) citizens are declaring that every man who has no honorable means of gaining a livelihood shall be driven out of the city. The murderous assault upon Frank Guild in th Barnes store last Sunday morning and other robberies that have been committed recently, have resulted In a strengthening of the police force, and an effort will be made to drive out the criminal element. Shortly after 11 o'clock tonight Spe cial Officer Walter Johnson arrested a man whom he found hiding behind a tree near the fair grounds and whom the officer believes is the thug who shot Dr. Robertson. The suspect carried a .45-caliber re volver, fully loaded, but which had re cently been discharged. A black hand kerchief around the man's neck was tied in such a manner that it could easily be slipped over the face. The suspect was much agitated and could give no clear account of his ac tions during the evening or why he was hiding behind the tree when the offi cer arrested him. He gave the name of Black at the police statloru NEW LIFE Found In Change to Right Food. After one suffers from acid dyspep sia, sour stomach, for months and then finds the remedy 1s in getting the right kind of food, It Is something to speak out about. A N. Y. lady and her young son had such an experience and she wants others to know how to get relief. She writes: "For about fifteen months my little boy and myself had suffered with sour stomach. We were unable to main much of anything we ate. "After suffering in this way for so long I decided to consult a specialist in stomach diseases. Instead of pre scribing drugs, he put us both on Grape-Nuts and we began to improve Immediately. "It was the key 'to a new life. I found we had been eating too much heavy food which we could not digest In a few weeks after commencing Grape-Xuts I was able to do my house work. I wake In the morning with a clear head and feci rested and have no sour stomach. My boy sleeps well and wakes with a laugh. "We have regained our lost els'ht and continue to eat Grape-Xuts for both the morning and evening msals. We are well and haspy and owe It to Grape-Nuts." "There's a Reason." Name given by Posttim Co., Battle Creek. Mich. Read "The Road to Wellvllle."'ln pkgs. Ever read the above letter f A acw one airpears from time to time. They are genuine, true, and (nil of hums a Interest LOTS $250 EACH There AreSixBigRea sons Why You Should OWN A LOT IN $10 DOWN $10 EACH MONTH FAIRPOET 1 FAIRPORT Ts t.iiA hast, addition ever offered for sale nn trio "PeTifrtenln. t.Tlfl.t. llP.S directlv next V XA VUV . jV Xe- A 4 s to Swifts' townsite. Fairport will improve witn bwnts . Jiivery im provement made in Swifts' is an improvement for Fairport, for the two additions adjoin. Step over the line from Swifts' and you are in FAIRPORT. C A TDDADT Lots are being offered for sale at prices IT J1.mTKJE. 1 far below what is being asked for lots in additions that are not near Swifts'. Lots in Fairport will double and triple in value in a few months. Live, active and desirable lots here -at $250 $10 down. C A ID OOT Lots are being sold at prices almost one Jla.Sr JE. 1 half what is asked for lots in additions that do not adjoin Swifts', and on far easier terms. 4 "C A TDDADT Lots will be convenient to the trolley r -mfiJEx.Jr KJSx. 1 lines which are to run down Albina avenue, directly through Fairport on Pippin street. And yet we ask only $250 for lots on Pippin street. Where can you buy another lot in Portla-nd on a trolley line with improvements? . J V? A TDDlHlDT Is an addition that adjoins a great and MT JlM.Mr KJSS. 1 growing commercial and industrial cen ter. The Swifts are spending over $650,000 to improve their townsite next to Fairport. e are improving Fairport to make it as desirable as Swifts'. IT A fDDADT L03 offer tne best inducement to the Jl Ul 1 workingman, the man on small salary or with a few dollars to spend each month and wants asure thin g , something that will net him a big profit in a short time. A Fairport lot does not require a pile down. They sell at $250. $10 down and $10 a month. A Trolley Line Will wis un loroug Fairport The City Council at a Special Meeting Thursday Consented to Grant a Franchise to, the Electric Company to Run a Line on the Peninsula. This Line Will Run Dowh Albina Avenue Through Fairport on Pippin Street. Here Is Your Oppor tunity Then to Buy a Lot on a Trolley Line for $250 $10 Down, $10 a Month Are You Alive to Your Opportunity? Property here will show a steady increase in values from now on. Qet in quickly, before the prices go up. And the man who buys a lot here quick ly will live to sell it for double or triple what he paid for it. Does this interest you? Then call on us and let us tell you a thousand more reasons why you should own a lot in Fairport. V, Open. Sonday, 0 A. P And will be glad to have you call at our office and we will take you out to Fairport in our automobiles, which are always on hand. You do not have to buy, but if this property is all we claim for it, you will want to own a lot here. ikklesen &. Tucker M: General Agents 301-2 Corbett Bldg., Cor. Fifth and Morrison Streets