American Bank & Trust Company v.
1. It is within the statutory powers of a federal reserve bank to collect checks on state banks within its district which are not members of the federal reserve system or affiliated with it through establishment of an exchange balance, and which refuse to assent to clearance at par, provided the checks be payable on presentation and can in fact be collected consistency with the legal rights of the drawees without paying an exchange charge. P. 262 U. S. 646.
2. Loss of income resulting to country banks from the exercise of this right without malice or coercion is damnum absque injuria. P. 262 U. S. 648.
Appeal from a decree of the circuit court of appeals affirming a decree made by the district court after final hearing in a suit brought by numerous state banks against the Federal Reserve Bank of Atlanta and its officials. The case was here before on a decree sustaining a demurrer to the bill. 256 U. S. 256 U.S. 350.
banks. But it was of opinion that insertion of their names might lead to the belief that the plaintiff banks had agreed to remit at par. An injunction was therefore granted against inclusion of their names on the par list. The relief sought was in all other respects denied. The decree left the Federal Reserve Bank free to publish that it would make collection at par of checks upon any bank in any town, thus including those in which plaintiffs had their respective places of business. 280 F. 940. These findings were approved by the circuit court of appeals, and the decree was affirmed. 284 F. 424.
The case is here on an appeal taken by the plaintiffs. The evidence was conflicting. No adequate reason is shown why the concurrent findings of fact made by the two lower courts should not be accepted by us. Luckenbach v. W. J. McCahan Sugar Refining Co., 248 U. S. 139, 248 U. S. 145. Whether, on the undisputed facts, plaintiffs were entitled to additional relief is the main question for decision. In order to decide that question, it is necessary to consider the course of business formerly prevailing and the changes wrought by the attempt to introduce universal par clearance and collection of checks through the Federal Reserve Banks.
it made for the remittance or the credit. And it earned some profit by using the depositor's money during the period (sometimes weeks) in which the check was traveling the often circuitous route, with many stops, from the payee's bank to its own, and also while the exchange draft was being collected. These avenues to profit are, in large measure, closed by the Federal Reserve Banks' course of action. These banks do not pay any exchange charges to the drawee. And their superior facilities so shorten the time required to collect checks that the drawee bank's balances available for loans are much reduced. Largely because of the fact that the reserve banks thus make the collection without any deduction for exchange, most checks on country banks are now routed through the reserve banks. Although there is, as the district court found, no intentional accumulation or holding of checks in order to embarrass, the advantages offered by the Federal Reserve Banks have created a steady flow in increased volume of checks on country banks so routed. That the action contemplated by the Federal Reserve Bank will subject the country banks to certain losses is clear. * In order to protect them from the resulting loss, it would be necessary to prevent the Federal Reserve Banks from accepting the checks for collection. For these banks cannot be compelled to pay exchange charges or to abandon superior facilities.
"receive from any of its member banks, and from the United States, deposits of . . . checks . . . upon solvent member banks, payable upon presentation; or, solely for exchange purposes, may receive from other Federal Reserve Banks deposits of . . . checks . . . upon solvent member or other Federal Reserve Banks, payable upon presentation."
the common law nor the Federal Reserve Act precludes their undertaking it if it can be done consistently with the rights of the country banks already determined in this case. 256 U. S. 256 U.S. 350.
"Seventh. To exercise by its board of directors, or duly authorized officers or agents, all powers specifically granted by the provisions of this act and such incidental powers as shall be necessary to carry on the business of banking within the limitations prescribed by this act."
The findings of fact negative the charges of wrongful intent and of coercion. The Federal Reserve Bank has formally declared that it is willing, when presenting checks, to accept in payment a draft of the drawee bank upon its Atlanta correspondent or a draft upon any other solvent bank -- if collectible at par. Country banks are not entitled to protection against legitimate competition. Their loss here shown is of the kind to which business concerns are commonly subjected when improved facilities are introduced by others, or a more efficient competitor enters the field. It is damnum absque injuria. As the course of action contemplated by the Federal Reserve Bank is not ultra vires, we need not consider whether lack of power, if it had existed, would have entitled plaintiffs to relief. Compare National Bank v. Matthews, 98 U. S. 621; Blair v. Chicago, 201 U. S. 400, 201 U. S. 450.
Some minor objections are urged. The Federal Reserve Bank of Atlanta serves, directly, only the Sixth Reserve District, which includes Georgia. It is contended that the decree should be reversed because the district court refused to allow the intervention as plaintiffs of banks located outside of that district, because that court refused to admit evidence of the activities engaged in by other Federal Reserve Banks in other districts under the approval of the Federal Reserve Board, and because the court admitted certain joint answers to interrogatories propounded under Equity Rule 58. We cannot say that the trial court abused the discretion vested in it, or erred, in so ruling.
* It is said that introduction of a universal system of par clearance and collection of checks through the Federal Reserve Banks would bring compensatory advantages to the country banks.