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Thread: Oregon Constitution Article XI Sec. 1

  1. #1

    Oregon Constitution Article XI Sec. 1

    In my research I came across this:
    Section 1. Prohibition of state banks. The Legislative Assembly shall not have the power to establish, or incorporate any bank or banking company, or monied [sic] institution whatever; nor shall any bank company, or instition [sic] exist in the State, with the privilege of making, issuing, or putting in circulation, any bill, check, certificate, prommisory [sic] note, or other paper, or the paper of any bank company, or person, to circulate as money.–

    How is it you think that BofA (any bank company)writes checks and issues loans in this state???

  2. #2
    The Division of Finance & Corporate Securities (DFCS) charters, examines, and regulates state-chartered banks and trust companies doing business in Oregon.

    As of September 30, 2013, there were 24 state-chartered banks.

    In addition, there were 3 trust companies and/or bank trust departments providing trust services in Oregon.
    Bank of America would be under a U.S. charter and might be construed to have an 'exemption' of some kind. As for the 24 state-chartered banks you might want to write head of Oregon Division of Finance and Corporate Securities (DFCS) and inquire.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  3. #3
    Quote Originally Posted by David Neil View Post
    In my research I came across this: How is it you think that BofA (any bank company)writes checks and issues loans in this state???
    Section 1. Prohibition of state banks (Outlawing of state banks). The Legislative Assembly shall not have the power to establish, or incorporate (to unite or work into something already existent ) any bank or banking company (A bank is a financial institution and a financial intermediary that accepts deposits and channels those deposits into lending activities, either directly by loaning), or monied (having money) [sic] institution whatever; nor shall any bank company (a financial institution that accepts deposits and channels the money into lending activities), or institution (an organization or establishment founded for a specific purpose)[sic] exist in the State (where you live), with the privilege of making, ( the rest is paper with numbers on it) issuing, or putting in circulation, any bill, check, certificate, promissory [sic] note, or other paper, or the paper of any bank company, or person, to circulate as money.–

    My interpretation is the FRB wrote this for the state of Oregon's government and I'm sure for the rest of the other states governments can’t print their own (lawful) money, because congress left a private corporation in charge.

    It might be that Bofa might be using checks issued from the FRB, don't quote me on this.

  4. #4
    Banking in 'the' State isn't necessarily banking in 'this' State. Banking is interstate commerce.

  5. #5
    Quote Originally Posted by Keith Alan View Post
    Banking in 'the' State isn't necessarily banking in 'this' State. Banking is interstate commerce.
    No doubt interstate commerce. The Oregon Constitution (1857), The Sherman Act (1890) followed by the Clayton Act (1914) made illegal any acts that tended to interfere in free competition between and among industries, businesses, and all interstate commercial ventures.

  6. #6
    Senior Member Brian's Avatar
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    Here is another fun little Oregon nugget: http://www.oregonlaws.org/ors/652.110

    652.110¹
    Method of paying employees

    • agreement on method of payment
    • revocation of agreement

    (1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

    Then the subsequent sections of that statue go on to lay ways for you to hang yourself.

  7. #7
    Thank you all, I just got back on line after hiatus and am particularly interested in following up with more research given the leads so far

  8. #8
    Remember the US chartered banks are in "Federal Reserve Districts" and might not be "in the State" or "in this State". I might suggest that if one really-really-really comprehends the way "government" is set up in the US/USA such statutes should make sense 110%.
    Last edited by allodial; 03-10-14 at 03:02 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  9. #9
    Quote Originally Posted by Brian View Post
    Here is another fun little Oregon nugget: http://www.oregonlaws.org/ors/652.110

    652.110¹
    Method of paying employees

    • agreement on method of payment
    • revocation of agreement

    (1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

    Then the subsequent sections of that statue go on to lay ways for you to hang yourself.
    A nugget indeed... This is wonderful.

  10. #10
    The General Assembly has operated continuously since 1777, when Georgia became one of the thirteen original states and revoked its status as a colony of Great Britain. http://www.legis.ga.gov/en-US/default.aspx

    2010 Georgia Code
    TITLE 34 - LABOR AND INDUSTRIAL RELATIONS
    CHAPTER 7 - MASTER AND SERVANT
    ARTICLE 1 - GENERAL PROVISIONS
    § 34-7-2 - Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer O.C.G.A. 34-7-2 (2010)

    34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer
    http://law.justia.com/codes/georgia/...icle-1/34-7-2/

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