CHAPTER III

THE BEAR AND SHORT SELLING

The operations of “bears” in the great speculative markets and the

practice of “short selling” are riddles which the layman but dimly

comprehends. Buying in the hope of selling at a profit, and if need

be, “holding the baby” for a long time and “nursing” it until the

profit appears, is simple enough; but an Oedipus is required to solve

the enigma of selling what one does not possess, and of buying it at a

profit after the price has cheapened. It is the most complicated of all

ordinary commercial transactions. How the thing can be done at all is

a mystery; how such a man can serve a really useful economic purpose

by this process is unfathomable. The layman who tries to figure it out

thinks there is an Ethiopian somewhere in the wood-pile; the thing is

unreal and fictitious. The only way he can understand it is to turn

bear himself and learn by experience.

Why there should be so many bulls and so few bears can only be

explained on the ground that optimism is the basis of speculation, and

hope the essence of it. Yet the market can only go two ways: it is

quite as likely to go down as up. Since sentiment should have no place

in speculation one would think there should be as many bears as bulls,

more of them, in fact, because the market almost always goes down

faster than it goes up, and because nine out of ten of the unforeseen

things that occur result in lower prices.

Accidents like diplomatic entanglements, rumors of war, earthquakes,

and drought are constantly occurring to upset the plans of bulls and

bring fat profits to bears in a hurry, while matters that bring about

higher markets are generally things long anticipated, in which the

profits that accrue to the bulls come about slowly and laboriously,

and always with the attendant risk that a disturbance in any corner of

the globe may bring on a sudden smash that will undo the upbuilding of

months. In theory, therefore, there should be at least as many bears

as bulls in all active markets, but in practice the large majority are

always bulls, to whose sanguine and credulous natures the bear is a

thing apart--a gloomy and misanthropic person hovering about like a

vulture awaiting the carrion of a misfortune in the hope of a profit.

Naturally the layman cannot understand him, and would like to suppress

him.

Despite the fact that the odds seem to favor the bears, there is an

old and true saying that no Ursa Major ever retired with a fortune.

Wall Street has seen many of them, and with perhaps one exception the

records agree that the chronic pessimists have not succeeded. Fortune

seems to have smiled on them at intervals; in the country’s early days

of construction and development mistakes were made that brought about

disaster, but in the long run such tremendous progress has resulted

in America as to defeat the aspirations of any man or group of men

who stood in its way. The big bears, as a rule, have “over-stayed

the market.” Imbued with the hope that worse things were in store,

they have been swept away by the forces they sought to oppose. One of

them, a power in his day, was so obsessed with the notion that all

prices were inflated, that he has been known to sell stocks short

“for investment.” One night when a lady at his side remarked on the

beauty of the moon, he is said to have replied with that absent-minded

mechanical skepticim inherent in the bear, “yes, but it’s too high; it

must come down.”

One would think the ideal temperament for a speculator would be

absolute impartiality, with an open mind uninfluenced by sentiment,

ever ready to take advantage of all fluctuations as they occur. The

ups and downs of a stock market always show, on average long periods,

a practically equivalent swing each way, so it would seem that the

speculator most likely to profit by these fluctuations would be one

without preconceived prejudices, ready at all times to turn bull or

bear as the occasion required. As a matter of fact, this type is the

rarest of all, being confined, generally speaking, to the professional

“traders” on the large exchanges, necessarily a very small minority

of the speculative group, yet withal perhaps the most uniformly

successful. These men, it must be understood, are not speculators, but

traders, a nice distinction involving “catching a turn,” as opposed to

the speculative habit of “taking a position.”

In active times I have known one of them to operate simultaneously

in the New York Stock market, in the cotton market, and in the wheat

market, trading at the same time in London and Paris, “shifting his

position,” or “switching” from the bull to the bear side twice in a

single day, and closing all his trades at three o’clock with a total

net profit of less than a thousand dollars on a turnover of 30,000

shares, to say nothing of the transactions in cotton and grain. It

goes without saying that to do all these things in one day requires

a curiously mercurial temperament, and calls for nerve and celerity

altogether foreign to the average speculator. Such a man, moreover,

contributes but little to the making of prices and values, which is the

function of large markets; his chief economic usefulness lies rather in

the enormous revenues he pays to the State. The man whose operations I

have just described contributed in a single year $75,000 to the State

Government in stock-transfer taxes.

The scientific way to measure the value of speculators in wide markets

is to consider the bull as one whose purchases in times of falling

prices serve to minimize the decline, and the bear as one who serves a

doubly useful purpose in minimizing the advance by his short sales and

in checking the decline by covering those sales. All these operations

serve useful economic purposes, since the more buyers and sellers there

are, the greater the stability of prices and the nearer the approach of

prices to values.

This, as I have said, is the scientific way to look at it, and the

correct way, but the popular way is something quite different. From

this point of view the man who sells property he does not immediately

possess is thought to be a menace, who depresses prices artificially

and works a disadvantage to the investor or, in the produce markets,

to the producer. Nothing could be more fallacious than this, because

of the fact that just as every routine sale of actual stock requires

a buyer, so every short sale by a bear requires a purchase by him of

equal magnitude. And it is precisely these repurchasing or “covering”

operations of the bears that do the utmost good in the way of checking

declines in times of panic or distress.

When there are no bears, or when their position is so slight as to be

inconsequential, declines are apt to run to extreme lengths and play

havoc with bulls. One often hears among acute and clever speculators

the expression “the bears are the market’s best friends,” and, though

this may seem incongruous, it is quite true. In the month in which

these lines are written there has occurred, for example, a really

severe break in prices on the Stock Exchanges at London, Paris, and

Berlin, arising from the periodic Balkan crisis. This decline ran to

disproportionate extremes, and, in fact, approached such demoralization

that more than 300,000 shares of American securities held abroad

were thrown on the New York market for what they would bring. The

reason for the severity of this decline was easily explained. The

outstanding speculative account at all European centres, while not

actually unwieldy, was almost entirely in the nature of commitments

for the rise. There was no bear account. Therefore all Stock Exchanges

were supersensitive since they lacked the steadying influence which

covering by the bears invariably brings about. The bears are then, in

truth the market’s best friends, and the more there are of them, the

better for all concerned when trouble comes.

Throughout all the political agitation in Germany which culminated

in that disastrous failure, the Bourse Law of 1896, there appears to

have been very little opposition to the bear and the practice of short

selling; nevertheless in that section of the law which prohibited

dealings for future delivery the bears found their activities

restricted. The law has now been amended, having proved a wretched

fiasco, but in the decade which attended its enforcement it was curious

to note the unanimous cry that went up in Germany for the restoration

of the bear. His usefulness in the stock market no less than in the

commodity market was recognized; his suppression was deplored. It was

found that just as his activities were restricted so the tendency

toward inflated advance and ultimate collapse was increased. The market

became one-sided, and hence lop-sided; quotations thus established were

unreal and fictitious. Moreover there was an incentive to dishonesty,

for unscrupulous persons could open a short account in one office and a

long account in another, and if the bear side lost they could refuse

to settle on the ground customarily resorted to by welchers.

“The prices of all industrial securities have fallen,” said the

Deutsche Bank in 1900, “and this decline has been felt all the

more because by reason of the ill-conceived Bourse Law, it struck

the public with full force without being softened through covering

purchases”--i. e., by the bears. Again, four years later, when the law

was still in force, the same authority states “a serious political

surprise would cause the worst panic, because there are no longer any

dealers (shorts) to take up the securities which at such times are

thrown on the market.” The Dresdner Bank in 1899 reported that the

dangers arising from this prohibition cannot be overestimated “if with

a change of economic conditions the unavoidable selling force cannot be

met by dealers willing and able to buy.”

“Short sellers do not determine prices,” says Professor Huebner. “By

selling they simply express judgment as to what prices will be in the

future. If their judgment is wrong they will suffer the penalty of

being obliged to go into the market and buy the securities at higher

prices. Nine tenths of the people are by nature ‘bulls,’ and the higher

prices go, the more optimistic and elated they become. If it were not

for a group of ‘short sellers,’ who resist an excessive inflation, it

would be much easier than now to raise prices through the roof; and

then, when the inflation became apparent to all, the descent would

be abrupt and likely unchecked until the basement was reached. The

operations of the ‘bear,’ however, make excessive inflation extremely

expensive, and similarly tend to prevent a violent smash because the

‘bear,’ to realize his profits, must become a buyer. The writer has

been told by several members of the New York Stock Exchange that they

have seen days of panic when practically the only buyers, who were

taking the vast volume of securities dumped on the exchange, were those

who had sold ‘short,’ and who now turned buyers as the only way of

closing their transactions. They were curious to know what would have

happened in those panic days, when everybody wished to sell and few

cared to invest, if the buying power had depended solely upon the real

investment demand of the outside public.

“In reply also to the prevalent opinion that ‘short selling’ unduly

depresses security values, it should be stated that ‘short sellers’ are

frequently the most powerful support which the market possesses. It is

an ordinary affair to read in the press that the market is sustained

or ‘put up’ at the expense of the ‘shorts’ who, having contracted

to deliver at a certain price can frequently easily be driven to

‘cover.’ Short selling is thus a beneficial factor in steadying prices

and obviating extreme fluctuations. Largely through its action, the

discounting of serious depressions does not take the form of a sudden

shock or convulsion, but instead is spread out over a period of time,

giving the actual holder of securities ample time to observe the

situation and limit his loss before ruin results. In fact, there could

be no organized market for securities worthy of the name, if there did

not exist two sides, the ‘bull’ and the ‘bear.’ The constant contest

between their judgments is sure to give a much saner and truer level of

prices than could otherwise exist. ‘No other means,’ reports the Hughes

Committee, ‘of restraining unwarranted marking up and down of prices

has been suggested to us.’”[31]

So much for the functions of the bear in markets that deal in invested

capital. In the commodity markets he becomes of even greater value,

indeed, he is well-nigh indispensable. Mr. Horace White, who was the

Chairman of the Hughes Investigating Committee, cites this instance:

“A manufacturer of cotton goods, in order to keep his mill running all

the year round, must make contracts ahead for his material, before

the crop of any particular year is picked. The cotton must be of a

particular grade. He wishes to be insured against fluctuations in both

price and quality; for such insurance he can afford to pay. In fact he

cannot afford to be without it. There are also men in the cotton trade,

of large capital and experience, who keep themselves informed of all

the facts touching the crops and the demand and supply of cotton in the

world, and who find their profit in making contracts for its future

delivery. They do not possess the article when they sell it. To them

the contract is a matter of speculation and short selling, but it is a

perfectly legitimate transaction.

“To the manufacturer it is virtually a policy of insurance. It enables

him to keep his mills running and his hands employed, regardless

of bad weather or insect pests or other uncertainties. The same

principles apply to the miller who wants wheat, to the distiller, the

cattle-feeder, and the starch-maker who wants corn, to the brewer

who wants hops and barley, to the brass founder who wants copper,

and so on indefinitely. Insurance is one of two redeeming features

of such speculation; and the other, which is even more important, is

the steadying effect which it has on market prices. If no speculative

buying of produce ever took place, it would be impossible for a

grower of wheat or cotton to realize a fair price at once on his crop.

He would have to deal it out little by little to merchants who, in

turn, would pass it on, in the same piecemeal way, to consumers. It is

speculative buying which not only enables farmers to realize on their

entire crops as soon as they are harvested, but enables them to do so

with no disastrous sacrifice of price. When buyers who have future

sales in view compete actively with each other, farmers get fair prices

for their produce.”[32]

And, it may be added, the same satisfactory result is attained when

bears who have sold the farmer’s crop short come to cover their short

sales by buying in the open market; their buying steadies the market if

there is a tendency to decline; if the market is strong, their buying

helps make it stronger. In either case they are the farmer’s best

friends, because the farmer profits as prices advance.

Speaking of farmers, it is well known that much of the opposition

to short selling and dealing in futures in the large markets finds

its chief advocates among the Western and Southern politicians whose

constituents are the agricultural classes. These gentlemen fulminate

strongly against the New York Stock Exchange and the grain and cotton

exchanges, and in currying favor with their bucolic supporters they do

not hesitate to condemn margin trading, short selling and every other

phase of speculative markets. Yet it does not occur to them, or, if it

does, they dare not refer to it, that in forming pools and combinations

to hold back their wheat and cotton their constituents are doing the

very thing which they so strongly condemn in speculative centres. The

farmer is, of course, richer than he ever was before, but nevertheless

he grows his wheat to sell, and only a few can carry it for any length

of time without borrowing from the banks. The farmer who goes into

one of these pools with wheat valued at $10,000 and who borrows $8000

on it from his local bank, is nothing more nor less than a speculator

in wheat on a 20 per cent. margin, and the same horrid appellation

describes the cotton-planter who resorts to similar practices.[33]

Now, of course, there is no moral reason why a farmer should not

speculate if he chooses, but what touches us on the raw is his

Phariseeism in doing for himself what he professes to abhor and condemn

in others. One is tempted to say unkind things to the farmer at such

times, to remind him, for example, that he is to-day the most backward

and unprogressive factor in American business life. Despite the fact

that the Department of Agriculture has spent $100,000,000 on his

education in the last twenty years, he has not yet begun to learn what

the German, Dutch, and French farmers learned years ago in intensive

farming, nor has he mastered the art of cattle-raising in anything like

the degree it is understood in the Argentine. Nature has smiled on him;

he waxes fat with her bounty, but he does not keep pace with the growth

of the country. Although enhancing prices are paid him for his product,

he is unable to raise a crop proportionate in any degree to the

facilities put at his disposal in the way of fertilizers and machinery.

One would like to “rub it in” on the farmer, but one doesn’t, “because”

as a recent writer puts it, “the farmer is a farmer, and therefore not

a person to be lectured like a mere banker or broker in Wall Street.”

To the farmer, the politician, and the layman generally, short sales

of cotton or grain are understood, approved, in fact, if the grower

happens to be the one who profits by them. But substitute stocks and

shares for wheat and cotton, and talk of “operations for a fall,” and

the layman thinks he smells a rat. He sees the bale of cotton or the

carload of wheat actually moving; it is a concrete thing; it appeals

to his senses, it is comprehensible. But talk to him of bits of paper

called stock certificates, and by a curious process he concludes

that a short sale has no basis of reality and is therefore menacing

and improper. He persuades himself that short selling ought to be

prohibited by law, and, since Wall Street harbors the chief offenders,

he finds in the nearest politician a handy ally to assist him. These

gentlemen, who obstinately refuse every other medicament, could be

cured of their ailment by a strong diet of economics. They become

subjects of medical, rather than financial, interest. They should dip

themselves into Conant and Leroy-Beaulieu; they should cool off in the

pages of Bagehot and Emery; and, by the time they have got into the

soothing columns of the Hughes Commission’s report, they will be ready

for new points of view.

As a preparatory lesson: suppose a speculator buys from a commission

merchant a carload of coal of a specified grade. The coal is not in

the possession of the commission merchant, but he knows where he can

get it, and he knows that he can deliver it on the date agreed upon.

Accordingly he sells it short, and enters into a binding contract

which, happily, the courts construe to be perfectly legal. Now suppose

the same purchaser wishes to buy 100 shares of Pennsylvania Railroad

stock. All Pennsylvania stock is the same, that is to say any 100

shares of it is just as good as any other 100 shares of the same

property--the number on the certificate is of no importance whatever.

The dealer to whom he applies does not happen to have 100 Pennsylvania

on hand, but he knows where he can get it, and he knows that he can

deliver it to the purchaser on the following day. So he sells it

short, and all that remains to complete his part of the contract is

the actual delivery. He is then a bear on Pennsylvania stock. He may,

if he chooses, go into the open market and buy the stock at once, so

that he will be able to deliver it in the easiest and most direct way.

Or he may feel that by waiting he may be able to buy at a lower price

than that at which he has sold it, hence, in order to make the delivery

promptly, he borrows the hundred shares from one of his colleagues, to

whom he pays the market price as security for the temporary loan of

the certificate.[34] In a day or two the price of the stock may have

declined, whereupon the bear goes into the market and buys the 100

shares of Pennsylvania at a price, say, 1 per cent. lower than that at

which he sold it.

When this certificate is delivered to him next day, he delivers it in

turn to the man from whom he borrowed the original 100 shares; his

security money is then returned to him, and the transaction is closed.

It is just as real a transaction as any other, and just as legal.

Moreover, since it is always possible to buy, but not always possible

to sell, the active presence in the market of large numbers of bears

who _must_ buy, whether they want to or not, is the very best policy of

insurance that a holder of securities could have.

Many years ago there was a law on the French Statute books,

subsequently repealed, prohibiting short sales. M. Boscary de

Villeplaine, a deputy chairman of the association of stockbrokers, was

conversing with Napoleon regarding a pending discussion in the Council

of State looking to the repeal of the law. “Your Majesty,” said de

Villeplaine, “when my water carrier is at the door, would he be guilty

of selling property he did not own if he sold me two casks of water

instead of only one, which he has?” “Certainly not,” replied Napoleon,

“because he is always sure of finding in the river what he lacks.”

“Well, your Majesty, there is on the Bourse a river of Rentes.”[35]

Napoleon felt, no doubt, that there was something inherently wrong

in selling short; even as these lines are written, counsel for a

Congressional committee is attempting to make witnesses admit that the

practice is “immoral.” But why, where, how is it immoral? It pervades

all business; no question of morals or ethics enters into it at all.

The man who sells you a motor-car has not got it; he accepts your money

and enters into an agreement to deliver the car next spring because he

knows or believes that he can make it and have it ready for delivery at

that time. Meanwhile he has sold short. A gentleman of my acquaintance

has sold thousands of storage-batteries on the same basis, although

plans for them have not yet been designed to meet the specifications.

At Cape Cod the cranberry-growers sell their crop before it has begun

to mature; all over the land contractors and builders are “going

short” of the labor and materials which, at some time in the future,

they hope to obtain to fulfil the terms of their agreements. Are all

these worthy people “immoral”?

If it is immoral to _sell_ for a purpose, it is equally immoral to

_buy_ for a purpose; in each case the purpose is the hope of a profit.

Buying for a profit is approved by every one; why not selling? In

both instances you have bought or sold for a difference in price; the

_sequence_ of the events in no way involves a question of morals, since

there is no ethical difference and no economic difference between

buying first and selling last, and selling first and buying last.

Moreover, in selling short you do no injury, since you sell to a buyer,

at his price, only what he wants and is willing to pay for.[36]

All suggestions of impropriety in short selling are grotesque in

their absurdity. But suppose, for purposes of argument, that economic

errors of some sort were actually involved in this practice. How could

it be regulated or controlled? As the governors of the Stock Exchange

stated to the Hughes Commission in 1909, short selling is of different

descriptions. There is the short sale where the security is held in

another country and sold to arrive pending transportation. There is

the short sale where an individual sells against securities which he

expects to have later, but which are not in deliverable form; and in

this connection I call your attention to the recent sale of $50,000,000

of Corporate Stock of the City of New York where deliveries were not

made for a period of about three months, and which stock was dealt in

enormously, long before it was issued.

“If a market had not been provided for it under those conditions,”

said the governors, “the loan could not have been placed. Then, again,

there is the short selling of stock against which different and new

securities are to be issued; the vendor knowing that he is to receive

certain securities at a distant date, but desiring to realize upon them

_at this time_. Beyond this, there is the regular selling of short

stock, either by parties who do so to hedge a dangerous position upon

the long side of the market, or the sale purely and simply with the

intention of rebuying at a profit, should circumstances favor it.”

Finally, there is the investor with stock in his strong-box actually

paid for and owned outright. He may wish to sell in a strong market

with the hope of repurchasing at lower prices, but for reasons of

his own he may borrow the stock for delivery rather than deliver the

securities bearing his own name. Technically he is short; he is a bear.

But in his case, as in that of the others here cited, how can this

perfectly proper method of doing business be “regulated” or interfered

with in any way? I do not think it necessary to pursue so palpable an

absurdity.

It has been said that the bears often resort to unfair methods to bring

about declines in prices, circulating rumors designed to alarm timid

owners of securities and thus frighten them into selling. That this

is done every now and then is undeniable, but the opportunity of the

bear in these matters is very limited, and may be easily and speedily

investigated, whereas similar practices, by the bulls in inflating

values by all sorts of grotesque assertions and promises are by no

means so easily run to earth, and do incalculably more harm.

The bear who drags a red-herring across the trail now and then

interrupts the chase, but he cannot stop it; the genial optimist who

has a doubtful concern on his hands, with a pack of enthusiastic

buyers in full cry at his heels, is a much more serious matter. Good

times and bull markets engender many questionable practices of this

sort. “All people are most credulous when they are most happy,” says

Walter Bagehot; “and when much money has just been made, when some

people are really making it, when most people think they are making it,

there is a happy opportunity for ingenious mendacity. Almost everything

will be believed for a little while, and long before discovery the

worst and most adroit deceivers are geographically or legally beyond

the reach of punishment. But the harm they have done diffuses harm, for

it weakens credit still further.”[37]

If this book were written for people instructed in economic matters

there would be no occasion to dilate upon the usefulness of bears and

the value of short selling, but since we are addressing laymen who do

not understand how the bear can be a useful factor, we may venture to

say once more that insurance is the chief advantage in his operations.

Ex-Governor White’s contribution to the subject, which I have quoted

in this chapter, is strongly supported by Mr. Conant, who shows

that valuable progress in opening new countries and developing new

industries is often made possible by “bearish” operations designed to

“hedge” or insure the new undertaking against loss.

“The broker who has a new security which he desires to place from time

to time in the future, making possible, for instance, the opening of a

new country to railway traffic, protects himself against loss resulting

from future changes in market conditions by selling other securities

for future delivery at current prices. These securities will realize

a profit when the date arrives for delivery if the market has in the

meantime become unfavorable, and will offset the loss upon his new

securities. They will have to be bought at a loss if the movement of

prices has been upward, but the upward movement will afford a profit

upon the new securities which he is seeking to place upon the market.

Thus, to quote Georges-Levy, ‘there is a genuine insurance, which the

broker will have himself organized and on which he will willingly pay

the premium for protection against any accident.’”[38]

An instance such as this serves to show the difference between gambling

and speculating, terms that are often misapplied by critics of stock

markets. A gambler seeks and makes risks which it is not necessary

to assume, and which, in their assumption, contribute nothing to the

general uplift. But the speculator--in the instance just cited, a bear

who sells short--volunteers to assume those risks of business which

must inevitably fall somewhere, and without which the mine, or the

factory, or the railroad could not be undertaken. His profession, and

the daily risks he assumes, call for special knowledge and superior

foresight, so that the probability of loss is less than it would be to

others. If he did not do it--if there were no bear speculators--the

same risks would have to be borne by others less fitted to assume them

or the useful projects in question would not be undertaken at all.

So general is the employment of these hedging or insurance operations

that in the case of cotton--to cite but one instance--the business is

regarded by practically all cotton merchants as an absolute necessity

under modern methods of conducting business. “An idea of the value

of the hedging function may be obtained,” says Herbert Knox Smith,

Commissioner of Corporations, “when it is stated that in Great Britain

banks very generally refuse to loan money on cotton that is not

hedged. Moreover, it is almost universally conceded that, since the

introduction of hedging, failures in the cotton trade, which had

previously been frequent, have been materially reduced as a direct

result of the greater stability with which transactions in spot cotton

can be conducted.”[39]

In conclusion it may be noted that as early as 1732 an attempt was made

in England to prevent short sales by law, that the law was recognized

a mistake and subsequently repealed. To-day there is no law on the

English Statute books restricting speculation in any form. In America

the New York State Legislature enacted a law in 1812 and the Federal

Government in 1864, both designed to prevent short selling. These laws

have also been repealed and they will not be revived. The bear has

come to stay. As a spectre to frighten amateurs, he may continue for a

time to stalk abroad o’ nights; as a necessary and useful part of all

business he is a substantial reality. And he is not “immoral.”[40]

The Stock Exchange from Within · 第 3 / 11 章