not, by section 14 of the Porto Rican act, above referred to, been NATIONAL BANKING LAWS APPLICABLE TO HAWAII. 1900, sec. 5 Stat. L. 141. 265. Sec. 5. That the Constitution, and except as Act Apr. 30, herein otherwise provided, all the laws of the United 31 States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and fifty and eighteen hundred and ninety of the Revised Statutes of the United States shall not apply to the Territory of Hawaii. NOTE. The Attorney-General of the United States in an opinion rendered June 23, 1900, held "That the act of April 30, 1900, * * * extended the national banking acts to the Territory of Hawaii, and would authorize the Comptroller to grant permission for the organization of national banks therein. (See my opinion of June 2, 1900, relative to the same question as applied to Porto Rico.) But I do not think that the provisions of section 5154 apply to banks existing in Hawaii prior to the passage of the act of April 30, 1900. Sections 5154 and 5155 seem, by their especial terms, to refer only to banking institutions organized under special or general laws of a State, and do not seem to apply at all to banks organized under the laws of any Territory. I think the object of these two sections was to enable the banks that were previously strictly State institutions to become national corporations, and the operation of the act in that respect is to be so restricted." SPECIAL ACTS AUTHORIZING CHANGE OF NAME OR LOCA TION. ACT JUNE 7, 1872. 266. Sec. 1.That The First National Bank of An- Act June 7, 1872, sec. 1; napolis, now located in the city of Annapolis and State 17 Stat. L., of Maryland, is hereby authorized to change its location 281. to the city of Baltimore, in said State. Whenever the stockholders representing three-fourths of the capital of said bank, at a meeting called for that purpose, determine to make such change, the president and cashier shall execute a certificate, under the corporate seal of the bank, specifying such determination, and shall cause the same to be recorded in the office of the Comptroller of the Currency, and thereupon such change of location shall be effected, and the operations of discount and deposit of said bank shall be carried on in the city of Baltimore. Act June 7, 1872, sec. 2; SEC. 2. That nothing in this act contained shall be so construed as in any manner to release the said bank from 17 Stat. L., any liability or affect any action or proceeding in law in 282. which the said bank may be a party or interested. And when such change shall have been determined upon, as aforesaid, notice thereof, and of such change, shall be published in two weekly papers in the city of Annapolis not less than four weeks. 1872, sec. 3; Stat. L., SEC. 3. That whenever the location of said bank shall Act June 7, have been changed from the city of Annapolis to the city 17 of Baltimore, in accordance with the first section of this 282. act, its name shall be changed to The Traders' National Bank of Baltimore, if the board of directors of said bank shall accept the new name by resolution of the board, and cause a copy of such resolution, duly authenticated, to be filed with the Comptroller of the Currency. Act June 7, SEC. 4. That all the debts, demands, liabilities, rights, L., privileges, and powers of The First National Bank of Annapolis shall devolve upon The Traders' National Bank of Baltimore whenever such change of name is effected. 1872, sec. 4; 17 Stat. 282. Act June 7, 1872, sec. 17 Stat. 282. 5; SEC. 5. That this act shall take effect and be in force L., from and after its passage. NOTE.-Acts of a similar nature to the one preceding have been enacted by Congress for the following purposes: Authorizing The Manufacturers' National Bank of New York to change its location from the city of New York to the city of Brooklyn. (Approved July 27, 1868.) Authorizing The City National Bank of New Orleans, Louisiana, to change its name to The Germania National Bank of New. Orleans. (Approved March 1, 1869.) Authorizing The Second National Bank of Plattsburgh, New York, to change its name to The Vilas National Bank of Plattsburgh. (Approved March 1, 1869.) Authorizing The First National Bank of Delhi, New York, to change its location and name to The First National Bank of Port Jervis, New York. (Approved May 5, 1870.) Authorizing The First National Bank of Fort Smith, Arkansas, to change its location and name to the First National Bank of Camden, Arkansas. (Approved July 1, 1870.) Authorizing the Jersey Shore National Bank, Pennsylvania, to change its location and name to The Williamsport National Bank, Pennsylvania. (Approved December 22, 1870.) Authorizing the Worcester County National Bank of Blackstone, Massachusetts, to change its location and name to The Franklin National Bank, Massachusetts. (Approved February 9, 1871.) Authorizing The Farmers' National Bank of Fort Edward, New York, to change its location and name to The North Granville National Bank, New York. (Approved February 18, 1871.) Authorizing The Worthington National Bank of Cooperstown, New York, to change its location and name to The First National Bank of Oneonta, New York. (Approved February 27, 1871.) Authorizing The Warren National Bank of South Danvers, Massachusetts, to change its name to The Warren National Bank of Peabody, Massachusetts. (Approved March 12, 1872.) Authorizing the First National Bank of Seneca, Illinois, to change its location and name to The First National Bank of Morris, Illinois. (Two acts, approved April 5, 1872, and June 18, 1874.) Authorizing The Railroad National Bank of Lowell, Massachusetts, to change its location and name to The Railroad National Bank of Boston, Massachusetts. (Approved May 31, 1872.) Authorizing The National Bank of Lyons, Michigan, to change its location and name to The Second National Bank of Ionia, Michigan. (Approved December 24, 1872.) Authorizing The East Chester National Bank of Mount Vernon, New York, to change its location and name to The German National Bank of Evansville, Indiana. (Approved January 11, 1873.) Authorizing The First National Bank of Newnan, Georgia, to change its location and name to The National Bank of Commerce, Atlanta, Georgia. (Approved January 23, 1873.) Authorizing The First National Bank of Watkins, New York, to change its location and name to The First National Bank of Penn Yan, New York. (Approved February 19, 1873.) Authorizing The National Bank of Springfield, Missouri, to change its name to The First National Bank of Springfield, Missouri. (Approved March 3, 1873.) Authorizing The Kansas Valley National Bank of Topeka, Kansas, to change its name to The First National Bank of Topeka, Kansas. (Approved March 3, 1873.) Authorizing The First National Bank of Saint Anthony, Minnesota, to change its location and name to The Merchants' National Bank of Minneapolis, Minnesota. (Approved January 8, 1874.) Authorizing The Second National Bank of Havana, New York, to change its name to The Havana National Bank of Havana, New York. (Approved January 9, 1874.) Authorizing The Passaic County National Bank of Paterson, New Jersey, to change its name to The Second National Bank of Paterson, New Jersey. (Approved April 15, 1874.) Authorizing The Citizens' National Bank of Hagerstown, Maryland, to change its location and name to The Citizens' National Bank of Washington City, District of Columbia. (Approved May 1, 1874.) Authorizing The Irasburg National Bank of Orleans, at Irasburg, Vermont, to change its location and name to The Barton National Bank, Vermont. (Approved June 3, 1874.) Authorizing The Farmers' National Bank of Greensburg, Pennsylvania, to change its location and name to The Fifth National Bank of Pittsburg, Pennsylvania. (Approved June 23, 1874.) Authorizing The Citizens' National Bank of Sanbornton, New Hampshire, to change its name to The Citizens' National Bank of Tilton, New Hampshire. (Approved February 19, 1875.) Authorizing the Second National Bank of Jamestown, New York, to change its name to The City National Bank of Jamestown, New York. (Approved March 3, 1875.) Authorizing The Second National Bank of Watkins, New York, to change its name to The Watkins National Bank, New York, (Approved March 3, 1875.) Authorizing The Slater National Bank of North Providence, Rhode Island, to change its name to The Slater National Bank of Pawtucket, Rhode Island. (Approved March 3, 1875.) Authorizing The Auburn City National Bank of Auburn, New York, to be consolidated with The First National Bank of Auburn, New York. (Approved March 3, 1875.) Authorizing The Miners' National Bank of Braidwood, Illinois, to change its location and name to The Commercial National Bank of Wilmington, Illinois. (Approved January 31, 1878.) Authorizing The Windham National Bank, Windham, Connecticut, to change its location to the village of Willimantic, Connecticut. (Approved February 10, 1879.) Authorizing the National Bank of Commerce of Cincinnati, Ohio, to change its name to The National Lafayette and Bank of Commerce. (Approved April 29, 1879.) Authorizing the City National Bank of Manchester, New Hampshire, to change its name to The Merchants' National Bank of Manchester. (Approved June 11, 1880.) Authorizing The Blue Hill National Bank of Dorchester, Massachusetts, to change its location and name to the Blue Hill National Bank of Milton, Massachusetts. (Approved January 13, 1881.) Authorizing The First National Bank of Meriden, West Meriden, Connecticut, to change its name to The First National Bank of Meriden, Connecticut. (Approved March 1, 1881.) Authorizing The National Mechanics' Banking Association of New York, New York, to change its name to Wall Street National Bank. (Approved February 14, 1882.) Authorizing The Lancaster National Bank of Lancaster, Massachusetts, to change its location and name to The Lancaster Na 88020°-11-8 tional Bank of Clinton, Massachusetts. 1882.) (Approved February 25, Authorizing the National Bank of Kutztown, Pennsylvania, to change its location and name to The Keystone National Bank of Reading, Pennsylvania. (Approved June 27, 1882.) Joint resolution authorizing The National Bank of Winterset, Iowa, to change its name to The First National Bank of Winterset, Iowa. (Approved January 18, 1883.) Authorizing The Second National Bank of Xenia, Ohio, to increase its capital stock. (Approved February 17, 1883.) Authorizing The First National Bank of West Greenville, Pennsylvania, to change its name to The First National Bank of Greenville, Pennsylvania. (Approved February 26, 1883.) Authorizing The West Waterville National Bank of Oakland, Maine, to chance its title to The Messalonskee National Bank of Oakland, Maine. (Approved April 15, 1884.) Authorizing the Hillsborough National Bank, of Hillsboro, Ohio, to change its name to The First National Bank of Hillsborough, Ohio. (Approved December 18, 1884.) Authorizing The Slater National Bank of North Providence, Rhode Island, to change its name. (Approved January 8, 1885.) Authorizing the First National Bank of Omaha, Nebraska, to increase its capital stock. (Approved January 10, 1885.) Authorizing The National Bank of Bloomington, Illinois, to change its name to the First National Bank of Bloomington, Illinois. (Approved January 27, 1885.) Authorizing The Manufacturers' National Bank of New York to change its name to The Manufacturers' National Bank of Brooklyn, New York. (Approved February 20, 1885.) Authorizing The Commercial National Bank of Chicago, Illinois, to increase its capital stock. (Approved February 28, 1885.) Authorizing The First National Bank of Larned, Kansas, to increase its capital stock. (Approved March 3, 1885.) Authorizing The First National Bank of Fort Benton, Montana, to change its location and name. (Approved December 18, 1890.) Authorizing the National Safe Deposit Company of Washington to change its title to "The National Safe Deposit Savings and Trust Company of the District of Columbia." (Approved February 18, 1892.) Authorizing a national bank of Chicago, Illinois, to establish a branch office upon the grounds of the World's Columbian Exposition. (Approved May 12, 1892.) Authorizing The First National Bank of Sprague, Washington, to change its location and name. (Approved March 20, 1896.) Authorizing the Interstate National Bank of Kansas City, Kansas, to change its location. (Approved March 2, 1897.) Authorizing any bank or trust company located in the State of Missouri to conduct a banking office on the Louisiana Exposition grounds at St. Louis, Mo. (Approved March 3, 1901.) Authorizing The American National Bank of Graham, Virginia, to change its location and name. (Approved February 15, 1906.) Authorizing the National Safe Deposit Savings and Trust Company of the District of Columbia to change its title to "National Savings and Trust Company." (Approved Jan. 31, 1907.) CHAPTER VIII. OPINIONS OF THE ATTORNEY-GENERAL. 267. Opinion of Attorney-General of United States on Oklahoma deposit guarantee law. 268. Opinion of Attorney-General of United States on Kansas de posit guarantee law. 269. Opinion of Attorney-General of the United States on power of a national bank to enter into a contract with an insurance company guaranteeing the solvency of the bank. THE OKLAHOMA DEPOSIT GUARANTEE LAW. 267. The Attorney-General of the United States, in an opinion rendered July 28, 1908, said: The business of insuring deposits is a wholly separate business from that of banking * ** * A national bank has no power to guarantee the obligations of a third party, unless in connection with the sale or transfer of its own property and as an incident to the business of the bank * *. ** But a contract guaranteeing the payment by another corporation or individual of obligations in nowise connected with the business of the bank is entirely ultra vires. I hold * * * that it is illegal for the officers of a national bank to enter into any such agreement as that contemplated by section 4 of the Oklahoma statutes, and any willful action to this effect on the part of any national bank is sufficient cause for the forfeiture of charter. THE KANSAS DEPOSIT GUARANTEE LAW. 268. The Attorney General of the United States, in an opinion rendered April 6, 1909, said: The question of the power of a national bank to avail of the invitation extended to it by this act involves primarily a consideration of the nature of the agreement contemplated by it. Attorney General Bonaparte, in an opinion rendered to the Secretary of the Treasury, under date of July 28, 1908, considering an act of the Legislature of the State of Oklahoma (27 Op. A. G., p. 38), determined that a national bank could not lawfully enter into the plan or scheme contemplated by that act, because it involved essentially a guaranty to the depositors of all State banks in Oklahoma, and other national banks in that State which might accept the terms of the law, that their respective depositors should be paid in full; a contract which he deemed to be clearly ultra vires. The act now under consideration attempts to avoid this objection by limiting the amount for which any bank may become liable, but within such limitation the same principle is involved, for to the extent of the contribution and liability required by the statute each bank becomes liable to creditors of the other banks which are parties to the plan. But even if a proper construction of the act would, as contended, make it a guaranty by each bank of payments to its own depositors, and not a general guaranty 115 |