CHAPTER V

PUBLICITY IN EXCHANGE AFFAIRS; CAUTIONS AND PRECAUTIONS

If a list of “don’ts” were compiled for the public that is interested

in the Stock Exchange, the first prohibition would be “don’t believe

all you read in the newspapers”; at least do a little independent

thinking before jumping at conclusions. The relationship between

the Stock Exchange and the metropolitan press is, with perhaps one

exception, cordial in the extreme. The newspaper man is a thinking

person; if he were not he could not hold his job. He knows, for

example, that the Stock Exchange is an indispensable part of the

machinery of modern business; he is aware of the fact that it maintains

a high standard of probity. He would be the last man to attack the

institution unfairly, and he is the first to defend it, editorially,

when misconceptions and unfounded suspicions are rife.

But on the other hand, newspapers want news; their circulation and

the popularity of their advertising columns depend upon the skill

and ability with which they parade before the public everything that

happens. If a politician or a clever and ambitious lawyer makes a

startling charge against an institution that occupies a conspicuous

place in our affairs, that is news, and the newspaper must print it. In

order to make the news attractive to the jaded palate of its readers

the dry-as-dust parts must be skimmed off, and seasoning added in such

peppers and vinegars as the occasion permits, with a final dash of

spice in the shape of pungent headlines that will arrest and hold the

appetite.

Somewhere off in the dim recesses of the editorial page there may

be a sober (and deadly dull) analysis of the matter, revealing the

politician or the notoriety-seeker in his true colors, but this is

often ignored by the reader. What he wants with his morning coffee is

his daily thrill, and he finds it under blatant headlines on the first

page. Because he wants it, and because he won’t be happy till he gets

it, the newspaper gives it to him on a generous scale. Until we arrive

at a Utopian state in which art, religion, and kindred abstractions

satisfy the mind to the exclusion of fires, riots, suffragettes and

Stock Exchanges, we cannot blame the newspapers for giving us what we

want, nor the politicians for helping the good work along.

And yet, as Mr. Bryce pointed out in his lectures at Yale on “The

Hindrances to Good Citizenship,” this willingness to accept as

conclusions the scare-heads in newspapers which are not, and never

were intended to formulate serious opinions, lays us open to the

charge of indolence; “the neglect to think” thus becomes a serious

phase of a deficient sense of civic duty. In countries where men are

imperfectly educated, or in rural districts where means of acquiring

knowledge are small and scant--where men lead isolated lives out of

reach of libraries and learning--they ask advice of the priest or the

village schoolmaster, and thus vicariously discharge the duties of

citizenship without any real knowledge of the problems before them and

without contributing to the solution of those difficulties to which the

ever-increasing complexity of our civilization gives rise.

Now if we apply this line of thought to the study of such economic

problems as arise in our country from time to time, we find that the

same conditions apply. We fancy ourselves immeasurably better off

than the uncultured frontiersman who must rely for his information

upon the priest or the schoolmaster, but in our dumb submission to

the rant of the hustings and the scare of the headlines are we really

discharging the functions of good citizenship? Are we not indolent?

I can have a lively sympathy for the half-breed in the Canadian woods

seeking information as best he may, but for the man in our populous

and cultivated communities who is too lazy to turn to our great public

libraries for light on the vexed and vexing economic problems of the

day, contenting himself with the half-baked opinions of demagogues and

quacks--for such a man it is difficult to say a good word. There is

hope for the one; the other is the most menacing and discouraging type

in our citizenship.

Take up the morning newspaper almost every day and we find the crude

essence of this misinformation paraded in a way that makes us sorry

for a public that cries for such stuff. A custodian of public funds,

collected for the purpose of erecting a monument, is found very

recently to have squandered the money entrusted to him. One of his

co-trustees, who must have been somewhat lax in his duties, bewails the

loss and seeks to enlist sympathy for himself by hazarding the opinion

that “the money _must have been_ lost in speculation in that hell-hole,

the Stock Exchange.”

This from a former army officer and a gentleman, who subsequently

states that he has no idea what became of the funds, but “cannot think

of any other explanation.” “Hell-hole” and the “Stock Exchange”

constitute a good repast; the headline artist contributes his quota

to the feast, and so a portion of the public that feeds on this meat

arises from the table with the satisfying conviction that another awful

indictment has been leveled at the Exchange, notwithstanding an utter

absence of proof or evidence of any kind tending to show that the

delinquent trustee had lost a dollar in Wall Street. And suppose he did

so lose it, what then? Is the Stock Exchange or any other market-place

a “hell-hole” merely because a thief whom nobody suspects squanders his

money there? Suppose he had spent it in automobiles, or in real-estate

speculations, or in campaign contributions, or in foreign missions,

would the same amiable characterization apply?

Another familiar instance of making Wall Street the scapegoat is seen

in the “explanations” of defaulting bank clerks. “When a young bank

employee,” says a financial journal, “with a wife and two children in

Flatbush, and a salary of something less than $2000 a year, takes to

entertaining angels, more or less unawares, in the Great White Way,

and matching his trained financial mind against ‘bankers’ of another

kind, he always blames Wall Street when the inevitable smash comes.

He has been ‘speculating in stocks,’ he says. He thinks, and a great

many people equally silly agree with him, that he thereby shifts the

blame for his extravagance and folly to other shoulders. Entirely

well-meaning people, without the slightest conception of the real

purposes for which the financial centre of a nation exists, say: ‘Here

is another indictment against sinful Wall Street. Let us kiss away

the tears of this misguided young man, who now promises to be good.’

They never think of asking the misguided young man to show documentary

evidence of his losses, which of course every broker must necessarily

provide, and must keep in duplicate as a matter of record.”[46]

A police officer whose salary has never exceeded $3000 a year is

arrested, and it is shown that he possesses a fortune of $100,000.

Where did he get it? Why, he made it in the course of nine months

of remarkably successful speculation in Wall Street, and one of his

henchmen, too stupid to know that everybody in Wall Street keeps a set

of books, promptly came forward to endorse this explanation. Proofs

were sought by the authorities, and the lie was, of course, exposed,

but the readiness with which the frugal officer sought to fall back

upon this hoary explanation shows that it is a permanent fixture of the

crook’s property-room, and that in the stage-setting for his sordid

accumulations there must be the familiar Wall Street background.

Another notorious pastime, that seems to be well known to every one

but the officers of the courts, consists in the practice of fraudulent

bankrupts in producing in court a mass of worthless securities as

evidence that the bankrupt’s money has been “legitimately” lost in

speculation. The certificates thus exhibited are beautifully engraved

memorials of defunct mining concerns, sold at so much a pound by

well-known dealers. It is related that a person who wished to keep ever

before his eyes a lesson and a warning once papered the walls of his

house with a wagon-load of this junk, which he was able to purchase at

less than the price of ordinary wall paper.

Any scamp who intends to “lie down” on an unprofitable contract can buy

$1,000,000 nominal of the stuff at waste-paper rates. He is assured

of the sympathy of his family and friends, and, if it does not occur

to the lawyers to inquire who his brokers were, and when, where,

and how these purchases were made, he stands a good chance of going

the way of all undetected swindlers, notwithstanding the fact that

documentary evidence of his purchases, if there were any, is always

available. In this way another indictment is framed against Wall Street

in the minds of thoughtless people. They seem to ignore the obviously

improbable nature of the story, preferring rather to make Wall Street

the scapegoat, and by “Wall Street,” in the majority of cases, they

mean the Stock Exchange, yet the Stock Exchange had no more to do with

it than Trinity Church, at one end of Wall Street, has to do with a

stevedore’s crap-game at the other end.

So far as concerns the case of the crooked bank clerk, it is perfectly

well known, or at least it should be, that no member of the New York

Stock Exchange is permitted under its rules to have any speculative

or investment relations whatever with employees of banks or trust

companies, or of other brokerage houses. The Exchange authorities

enforce this rule to the letter. Disgrace and expulsion faces the man

who would attempt it. More than that, members are unusually careful

in investigating customers’ accounts for reasons involving their own

safety in actions that may be brought in the courts; so rigorously is

this care exercised that accounts are repeatedly refused where the bona

fides of the customers are not fully understood by at least one of the

firm’s partners.

Furthermore, any negligence on the member’s part in this important

matter, or in other matters affecting the general welfare of the Stock

Exchange, places him at once within the all-embracing grasp of that

one of the Exchange’s by-laws which has to do with “any act detrimental

to the interests of the Exchange.” This is a large order, and its

importance is well understood by the members. They know, and all those

who so freely criticise the Stock Exchange could find out if they

inquired, that the power of the Board of Governors to supervise every

action of its members is vastly greater than any power that could be

vested in the courts. There are constitutional limits to the authority

of common law; there are no limits whatever to the powers of the

governors in dealing with members.

This leads us to consider another popular criticism of the Stock

Exchange, based on its unwillingness to abandon its present

organization and incorporate under State regulation. The public seems

to feel that this reluctance to submit to State or Federal control

shows that the institution is trying to conceal something, yet nothing

could be further from the fact. The Exchange does not incorporate

because the interests of the public, which it is bound to conserve,

would suffer enormously by such a step. “In its present form,” says the

_Wall Street Journal_, “the Stock Exchange is a private organization.

It can inspect any member’s books at any moment. If it suspects him of

wrongdoing it can tap his telephone wire, and has done so in the past.

It can terminate his membership for conduct which no legislation could

possibly touch. One reason, in fact, for its admittedly high standard

of probity is the power, at once democratic and despotic, exercised by

the Governing Committee elected by all the members.

“But if the Stock Exchange were reorganized under State supervision,

much of this power would be taken away. Members would possess rights

which no governing committee could ignore. They could resort to

practices legally right and ethically wrong, which under the present

system would be visited by swift punishment. Any member of the public,

now, who can show the Stock Exchange committee an act by a broker

toward him legally defensible but morally wrong, can secure that

broker’s expulsion from the Stock Exchange. Under State incorporation

he could only obtain redress by prolonged litigation.... No legislative

safeguards are needed. The Stock Exchange now possesses a power of

supervision over its members which neither Congress nor the State

legislature could give. The only power our lawmakers really possess in

the matter is to limit that supervision; and for this, if for no other

reason, the Stock Exchange should fight incorporation to the last, and

should take every proper means of publicity to range public opinion

behind it.”[47]

An instance in which Wall Street in general, and the Stock Exchange in

particular, occasionally comes under the ban of more or less hysterical

public condemnation, results from the work of company promoters and

swindlers, wholly outside the Exchange’s jurisdiction. In spite of

the vigilance of the postal authorities and the police, every now and

then a swindler finds his way into this forbidden ground, and here he

plies his trade. Sometimes it is a land scheme, sometimes it is timber,

recently it was wireless telegraphy, often it is a gold mine.

The promoter of these enterprises does not permit himself or his

affairs to come under the scrutiny of the banks, the Stock Exchange,

or the Clearing House. He fights shy of the curb market as it is now

organized, and avoids the watchful eye of the metropolitan newspapers

that enjoy the pastime of exposing frauds. His ways are ways of

darkness. His methods are mailing lists; his victims are that numerous

progeny born every minute; the lure is the engraved letter-head with

its “Wall Street,” its list of “Directors,” and its subtle assurance

that this precious property now literally “given away” bears the

endorsement of the elect, and is known and approved by the whole

financial community.

Whenever he can do so, the artful gentleman behind this bait contrives

to have a market for his wares. He cannot do this anywhere in New

York, for the curb market, once the refuge of the swindler, is now

closed to him, thanks to the improved morale of the curb brokers

themselves, and to the recommendations of the Hughes Investigating

Committee. Consequently the dishonest company promoter is forced to

manufacture his market in another city, where fluctuations in the price

of his wares are made to order, usually on a rising scale, without

interference by the authorities.

More often still, this market and its rising prices do not exist at

all; in any case it is only a fraudulent attempt to excite the cupidity

of speculators into the belief that there is active trading in the

particular stock offered for sale. “The mines,” says the Chairman of

the Hughes Committee in discussing these swindling operations, “are

situated in distant places, as Nevada, Alaska, Canada, Mexico, and even

in South America. In proportion as they are remote, inaccessible, and

subterranean, they are attractive to the class whom Tacitus had in

mind when he said: “_Omne ignotum pro magnifico_.”[48]

The halcyon days of these enterprises are now drawing to a close. Their

field of operations is becoming more and more limited, the postal

authorities are redoubling their energies, the newspapers are closing

their advertising columns, and the victims who have birthdays every

minute are, it is hoped, growing wiser. In any case immense losses

have been incurred, and immense harm done. To appreciate the extent of

it, one has but to look over the circle of one’s own acquaintances,

and count the worthless specimens of the engraver’s art that have

found a resting-place--permanently, I fear--in homes ill-prepared to

house them. Each one of these chromos has left its sting--each one has

excited a bitterness and resentment that, in the misdirected anger of

losers who will not see their own folly, is too often flung at Wall

Street and at the Stock Exchange.

The bucket-shop method is better known and easier to detect--hence it

is rapidly being exterminated. “Bucketing,” as it is called, usually

flourishes in small towns at a considerable distance from New York.

Formerly it thrived in the larger cities, even those adjacent to the

Metropolis, but it has now been driven from these places. It professes

to trade in stocks for its customers, and its office windows are

usually decorated with signs that indicate, though they do not always

say so plainly, that the house is identified with “the Stock Exchange.”

It allows its customers to trade on what is called “a two-point

margin,” that is to say, the buyer or seller is “wiped out” when the

market has fluctuated two points against the price at which the trade

is made. The word of the house must be accepted for the veracity of its

prices, which, however, are supplied to it by telegraph from New York.

Bear in mind that these prices are not telegraphed to the customer,

but to the mysterious persons in the rear office of the shop. They

call themselves brokers--this bucket-shop fraternity--but they are not

brokers in any sense by which that elastic term is used. They have not

even the “redeeming vices” of gamblers; they are swindlers.

The trader in such a place starts with all the odds in favor of the

house. To be exact he pays two commissions and the market “turn” is

against him _ab initio_. If the stock is 100 bid, 100¼ asked, he buys

at 100¼ always. If he sells at the same quotation, he sells at 100. He

could not sell in the former case at 100¼, nor buy in the latter case

at 100, so he starts ¼ per cent. “to the bad.” If, then, he bought

at 100¼, when the price is 98¼–½, his two-point margin is exhausted,

although the price has actually declined only 1¾ per cent. Thus he is

required to bet heavy odds on what is really no better than an even

money chance, even allowing that the prices are honest.

But they are not honest, because in the large majority of such

transactions the prices are “rigged,” that is to say, the bandits

who run the shop run it to win and not to lose, and “fix” the prices

accordingly. The player is thus required to give odds by laying 3 to 4

not on what the price of a stock will be, which is ruinous enough in

all conscience, but on what his opponent will choose to make it! Since

we are talking of gambling now and not of any real transaction, we may

as well adopt the vernacular of the fraternity and say plainly that the

bucket-shop man holds the stakes, cuts, shuffles, and deals the cards,

and then telegraphs you what your hand is. And the loser at this joyous

pastime thinks he has been robbed by Wall Street.

The game works against the player in yet another sense, as the _Wall

Street Journal_ points out, for when you buy stock you are entitled

not merely to the stock itself, but to all the privileges which it

carries, and not the least of these privileges is the effect which

your purchase will have on the market. That is to say, if ten thousand

purchasers throughout the country should buy even small amounts of

a certain stock on a given day, the combined effect of all these

purchases would undoubtedly lift its price on the Stock Exchange, and

thus we see that each buyer’s action carries with it a privilege of

no inconsiderable proportions. But the keeper of the bucket-shop does

not buy any stock for you at all; he merely makes a bet with you as to

what the price will be--and so, having robbed you of your money, he now

robs you of the privilege which goes with your money, since the alleged

purchase of a million shares of your stock in bucket-shops would not

have the slightest influence on its price at the Stock Exchange.

The man who has saved money by his own enterprise and thrift is a

fool if he gives his savings to mining “bonanzas” through the itching

palms of promoters, or to bucket-shops through the lure of slender

margins. The very fact that promoters always play upon the theory that

distance will lend enchantment to the view, and solicit their funds

solely by means of prospectuses, should be a sufficient warning to the

most credulous. A word to his banker, or a letter to any responsible

institution in Wall Street, will supply him with the necessary

information and save him from the possibility of loss.

As to the bucket-shops, if he is in doubt, he has but to follow the

same procedure. The New York Stock Exchange authorities will gladly

tell him whether the so-called “banker and broker” is really a member

of the Stock Exchange, and the local bank nearest at hand will expose

any fraud if it is called upon for information. As to the two-point

margin bait, it is a good rule that the smaller the margin asked for,

the less strength there is behind the house that asks it, and just in

proportion as the margin requirement diminishes so a suspicion of the

solvency of the firm should become fixed in the mind of the customer.

This warning applies to stockbrokers no less than to bucket-shoppers.

If the stockbroker takes from you a ten-point margin, and from somebody

else a two-point margin, you may be sure your money is being used to

finance the other customer’s trade, and you should lose no time in

withdrawing your funds from such a house.[49]

I often think that those who so freely criticize the Stock Exchange

would have applauded it could they have witnessed the fight between the

Exchange and the bucket-shops. In England, because telegraphs are a

Government monopoly, the transmission of prices by or to bucket-shops

is effectually barred, and the same is true of the telephone. But in

this country the transmission of prices by wire is not a breach of law,

and the difficulties that have attended the attempt to suppress the

transmission of racing news by wire to poolrooms shows that even if it

were prohibited there would be great difficulty in its enforcement.

Notwithstanding these obstacles, however, the Stock Exchange labored

zealously to close bucket-shops long before the officers of the law

became active, and, while the work thus done was not published

broadcast, it was none the less effective. Many a bucket-shop

proprietor doing business a few years ago under a high-sounding company

title probably never knew what hit him when the raid took place. It was

the strong arm of the Stock Exchange working unostentatiously that did

it, and in that good work it saved from further losses a large number

of innocent people who used the establishment with no knowledge of its

real character.

As long ago as 1875, in its contracts with the telegraph company, the

Stock Exchange began restrictive measures to prevent its quotations

from reaching the bucket-shops. In 1878 still more forcible measures

were employed, and in 1882 positive steps were taken by which the

Exchange authorities personally inspected the telegraph company’s

quotation contracts with its patrons. To-day this is carried to such an

extreme in the determination to protect the public from the impositions

of those who might in devious ways convey these quotations to improper

hands that even members of the Exchange may not install wires from

their offices to outsiders until the proper committee of Stock Exchange

authorities has viséd the application.

Meanwhile, a secret-service has been at work, silently ferreting the

hidden, underground channels in which the bucket-shop is forced to

conduct its operations. Thanks to this good work and to that now done

along similar lines by the Federal authorities, this form of rascality

is rapidly disappearing. Is it too much to hope that at least a part

of the unmerited criticism of the Stock Exchange by the victims of

bucket-shops may also disappear?

In heading this chapter “Cautions and Precautions,” my purpose was not

merely to warn the credulous outsider against the news items of the day

as related to the Stock Exchange, nor was it solely to point out to him

the pitfalls and dangers that exist under the Wall Street mask. I had

in mind also a word of caution to Stock Exchange members themselves.

That these gentlemen are more sinned against than sinning is, or it

should be, apparent to anybody who has taken the trouble to learn the

A B C’s of the business. Such a man knows that Stock Exchanges occupy

an important place in the mechanism of modern business; he knows, too,

that just in proportion as their functions enlarge and the scope of

organized markets increases, so persons will be found who foolishly or

dishonestly abuse the facilities there afforded.

“Reflection,” says a recent writer, “seems to have little part in the

intellectual equipment of the assailants of organized markets. The fact

that the stock market is sometimes abused by people who know nothing of

its purposes or are incapable of understanding the mighty influences

which dominate it, is no reason for considering it as a harmful

excrescence on the body politic.”

This fact established, one who has been a member of the Stock Exchange

for many years may, in a spirit of complete loyalty to the institution,

comment freely on some of the mistakes within the Exchange itself,

errors of judgment or sins of omission that have given to the popular

criticism of the day its one supporting prop. Admitting mistakes freely

is the surest way of correcting them; frequent reminders of them serve

to keep one on guard against their recurrence. The history of deposit

banking, for example, has been, like the history of the Stock Exchange,

a story of gradual development to meet growing conditions, and this

is true also of the history of note issues, joint stock companies,

clearing houses, cable transfers and of all the instruments that enter

into that economic structure which gives mobility to capital and

flexibility to credit.

In the very nature of things the development of each part of this

gradually devised machinery has been attended by mistakes, by errors

of judgment, and by occasional wrongdoing, yet we do not condemn the

national banking system because there were once wildcat banks; we do

not utter hasty judgments on stock-companies because in other days they

were badly organized and incompetently managed; we do not withhold

our support from railways because they once erred by pushing too

ambitiously into projects that ruined innocent stockholders; we do not

abandon our form of government because there was once civil war. No,

but we try to keep all these things in view in order to profit by them,

and to see to it that they do not happen again. We say of individuals

that no man’s vices are sufficient reasons for not admiring his

virtues. Why not apply the same code to business?

One of the mistakes of members of the Stock Exchange in the past has

been in trying to do too much business on too little capital. This is

a subject that calls for plain speaking, since it directly caused two

Stock Exchange failures in recent years, failures that were, I am sorry

to say, essentially the result of dishonesty. Every Stock Exchange

house is looking for business, and a house with small capital sometimes

gets more than it should attempt to handle. Such a house borrows from

the bank, as all houses do, and allows its bankers a 20 per cent.

margin; so far so good. But it accepts business from its customers on a

10 per cent. margin, and this means financing the difference out of the

firm’s capital. If the capital is large, the business is safe, but if

it is small, the house finds itself “loaded up,” as the phrase is, and

is then in such a predicament that it must either summon enough moral

courage to refuse business altogether and so advertise its limitations,

or abandon its moral courage, sell its customer’s stocks “short” and

incur the risk of buying them back cheaper.

The latter course is dishonest; it is in fact nothing more or less than

a form of “bucketing,” since the customer must lose for the broker to

save himself, while, if the customer wins, the broker may not be able

to pay. This is not a common practice of course--first, because 99

per cent. of the members are absolutely honest; second, because the

majority of those who carry accounts on the books of Stock Exchange

houses are wise enough to acquaint themselves with the firm’s resources

and to withdraw when too much business becomes apparent, and, third,

even though a broker were not himself essentially honest, he would

not dare expose himself to the expulsion and disgrace that would

attend exposure. Nevertheless, the thing has been done, and it may

conceivably occur again. How then may it be avoided?

As the Stock Exchange is, as we have seen, an unincorporated body with

a set of rules which no legislature and no court could enforce without

depriving a man of his constitutional prerogatives, it is obvious that

this and all other reforms must come from within; all the many reforms

that are constantly lifting the Exchange to a higher level come from

that quarter. There are 1100 members of the Stock Exchange and perhaps

600 of these are engaged in active commission business. A committee of

the governors can enter any member’s office at any time, and demand

every book or record without reserve. It has absolute power to compel

him to do anything that in its wisdom seems desirable. If he is doing

too much business on too little capital, he can be forced to restrict,

or to retire from business altogether. Failure to comply immediately

means expulsion and a peculiarly stinging disgrace. Naturally in

the face of these despotic powers any plan of mutually guaranteeing

brokers’ accounts, such as that employed by Lloyds in London, or by the

_Agents de Change_ on the Paris Bourse, would seem unnecessary.

The remedy lies, first with the members themselves in striving to

attain continually to a higher standard of business morality, and

second with increased watchfulness by the committee having this matter

in charge. In point of fact it is apparent that both these solutions

are now being employed to a greater extent than ever before. The two

failures that occurred some years ago as a result of this iniquitous

practice hurt the Exchange, and stung the members to the quick. It can

never happen again if the vigilance of the governors can prevent it,

and yet every now and then a bank fails even under the watchful eye of

the bank examiner. No committee and no group of committees can watch

the books of 600 houses engaged in a business in which the dividing

line between sound and unsound business may be crossed and recrossed

with surprising suddenness many times a day. The members themselves

must look to this, and that is what they are doing to-day, as never

before, with an earnestness begotten of real pride in their great

organization.

If they do not do it, if they relax in any degree the vigilance upon

which the proper conduct of their business depends in this important

respect, they will be forced sooner or later to resort to the plan of

guaranteeing the accounts of their fellow members, or to submit to

that form of government incorporation or regulation which must impair,

if it does not actually destroy, their usefulness. Members must also

see to it that manipulation in its improper forms is driven out of the

Exchange, and that every conceivable precaution is taken in the listing

of new securities. These matters I shall discuss elsewhere. Meantime it

is cheering to note that Stock Exchange failures, whether arising from

this or any other cause, are diminishing in number. In London, at the

account day immediately following the failure of the house of Baring,

thirty Stock Exchange houses announced their inability to meet their

obligations. Certainly the New York Stock Exchange has not witnessed so

many failures in ten years.

One of the many excellent results of the work of the Hughes Committee

from the standpoint of the Stock Exchange was the publicity that came

of it. Critics of the institution had long found fault with it because

of its atmosphere of aloofness, the air of mystery that seemed to

surround it, its silence under attack, and its apparent unwillingness

to defend itself from adverse comment. This reticence, however, while

it did harm, was more apparent than real. In so far as the Stock

Exchange is concerned the advantages of publicity have long been

recognized. The difficulty has been in having its purposes and its

methods properly attested by competent authority in a way that would

enlighten the public and carry conviction. Members and friends of the

Exchange feel very strongly that in this day and age, when the spirit

of publicity is in the air, the Stock Exchange should fall in line with

a resolute determination to assert itself and make itself heard on all

proper occasions.

If a sub-committee of Congress retains as counsel a shrewd lawyer who

by devious ex-parte methods reads into the record and thence into the

newspapers only such biased and prejudiced information as will do harm

to the Exchange, while rigidly excluding all that properly belongs

there by way of refutation and explanation, energetic steps should be

taken to remedy this obvious injustice by invoking that spirit of fair

play which is essential to any judicial inquiry. These are not the days

of the Inquisition. We have progressed beyond the point of the Star

Chamber. Members of the Stock Exchange know that they will receive fair

play from the newspapers whenever they seek it, but they cannot expect

to find their side of the case stated unless they themselves take the

necessary steps to secure its presentation. And the way to do this is

to proceed with energy and determination against every avenue from

which the malicious slander or the insidious suggestion emanates.

The time has passed to sit supinely under every sinister attack and

imagine that a consciousness of rectitude will suffice as an answer.

Let the Exchange bestir itself. If, as happened very recently, a judge

on the bench can so lose his poise as to say to a common thief at the

bar, “You have committed a petty theft and you must go to jail--but

had you gone down to the Stock Exchange and stolen a million you would

go free”--such an unworthy utterance should be handled promptly and

without gloves by the Exchange authorities, and the same course of

treatment should be applied vigorously to every thoughtless minister

of the gospel and every cheap politician who, because the Exchange

has so long remained silent, may think that such silence entitles him

to utter any libel that comes to mind. The newspaper that publishes

the original utterance of this judge or that preacher will publish

also the steps taken by the Exchange to bring him to book, and even

though the slanderer may escape the consequences of his act through

the technicalities of the law, or otherwise, the knowledge that the

Exchange is at last aroused from its lethargy and in a fighting mood

will serve to deter others from similar indiscretions. I violate no

confidence when I say that henceforth the Stock Exchange will be found

defending itself manfully, and I venture to remind all noisy seekers

of notoriety that “thrice is he armed who hath his quarrel just.”

The Stock Exchange has felt, since the report of the Hughes Commission

in 1909, that such a report, by such a body of men, would inevitably

stay the hand of many of its detractors by showing them just what

the Exchange is trying to do, and just how the work is done. “The

committee,” says its chairman, “was in session about six months. Its

expenses were paid by the members themselves, and since frugality was

a necessity the services of the stenographers were dispensed with, the

members taking only such notes of the testimony of witnesses as each

one deemed important to the matter in hand. The officers of all the

Exchanges in New York City were invited to appear before the committee

and answer questions both orally and in writing, and all of them

responded promptly and courteously, as often as they were asked to do

so. Many volunteer witnesses, citizens of the State, were heard. None

such was refused a hearing. Citizens of other States were not called,

or accepted, as witnesses unless they had given evidence, by published

writings or otherwise, that they had something of value to contribute

to the discussion.”[50] This committee was composed of Horace White,

Chairman; Charles A. Schieren, David Leventritt, Clark Williams, John

B. Clark, Willard V. King, Samuel H. Ordway, Edward D. Page, Charles

Sprague Smith, Maurice L. Muhleman.

Nobody who read these names doubted the independence and public spirit

of its members. It was precisely the sort of committee that all

fair-minded men welcomed. The high character of the members carried

assurance of their good faith; their wisdom and practical experience

meant a critical analysis of the subject; their independence of

spirit made a whitewash impossible. Here then was the long looked for

solution.[51] If there were abuses, nobody was more anxious to know of

them and of the remedies for them than the members of the Exchange;

if indefensible conditions existed nobody stood readier to correct

them. It was felt that this was the first and greatest step toward

publicity under the right conditions, and that a valuable contribution

to the popular knowledge of an intricate and greatly misunderstood

subject would result. There was nothing ex-parte or one-sided about

the committee’s deliberations; everybody with a grievance might state

it, and both sides were accorded fair play. But, _mirabile dictu_,

the very fact of its fairness is found, three years later, to afford

a reason for flouting it at the hands of counsel for a congressional

sub-committee that will not hear both sides! Is there anything just

or equitable in the proceedings of such a body, or in the prejudiced

emanations of its precious lawyer? Is it conceivable that the

law-making branch of our government will give serious heed to a report

thus conceived in bias and born in inquisition? I think not.

Passing to more agreeable topics, the late Addison Cammack is said to

have remarked on one occasion that publicity was ruining the business

of Wall Street and the Stock Exchange and would ultimately drive it all

away. Those were the days of inadequate and unreliable balance sheets,

of suppressed reports of earnings and assets, of accounts that were

never subjected to independent audits, and of a general atmosphere of

mystery that led to financial abuses of all kinds. As a result of those

conditions there was created in the public mind another vague aversion

toward the Stock Exchange, and a popular prejudice which has been

hard to dispel. Cammack had been brought up in the old school; he saw

what was coming, but he mistook causes for effects. He would probably

turn in his grave could he see the new conditions and contrast them

with the old. As a matter of fact nothing could be more democratic

in principle than the way the business is conducted nowadays. The

rights of stockholders to information, the reports and balance

sheets submitted to them, the mass of Wall Street financial material

in the magazines and journals, the stock ticker, the news ticker,

the printed news bulletins, the card index system, the statistical

manuals and the quotation lists published in the morning and evening

newspapers, together with the market letters constantly circulated by

brokerage houses, these are evidences that the public is entitled to

full information and that many avenues by which it may safeguard its

interests are always open.[52]

It has long been known that investors and speculators in America enjoy

vastly more safety in their market operations through these various

avenues of publicity than do investors and speculators abroad. There

are no tickers worthy of the name across the water, and the daily list

of business done, as published in our newspapers, with bid and asked

prices and total transactions in detail, is unheard of among all the

Bourses of Europe. The eminent French economist, Paul Leroy-Beaulieu,

speaks very earnestly of the superiority of our New York Stock Exchange

system in this matter; he says the need for a similar method in France

is “very urgent,” that the information thus spread broadcast is “very

instructive,” that the pledge of publicity “is better assured in the

United States than in any other country of the world,” and that an

immediate reform along these lines is “absolutely necessary” in Paris

in the interest of the public.[53]

This leads to another word of caution suggested by the fact that the

public, despite what is done for it, does not always avail itself of

these safeguards. Men buy worthless mining stocks without bothering

to inquire into their bona fides. They put their savings into new

and untried enterprises and they neither read the balance sheets nor

attend the meetings. A thousand stockholders will attend a meeting in

London and they will have their questions answered whether the majority

in control likes it or not. In New York almost nobody attends these

meetings. The stockholder’s right to information is absolute, but he

does not go and get it, and so finally when something goes wrong he

writes angry letters to the newspapers and damns both Wall Street

and the Stock Exchange because he has been burned, although the fire

escape and the extinguisher were always at his hand. “It is all very

well” says the _Wall Street Journal_, “to talk about what the law,

the newspaper press, and the Stock Exchange can do to protect the

investor, but the investor himself can do more than all his protectors

put together. His investment, however conservative and secure, carries

responsibilities as well as privileges, and it is his duty to discharge

the one in order to safeguard the other.”[54]

He must learn to make inquiries, to discriminate, to use his wits, to

read mortgages, to study sinking funds and operating ratios. He must

eschew the financial columns of questionable newspapers and confine

his attention to those of established probity. He must not put all his

investment eggs into one basket. The Stock Exchange cannot do all this

for him, but it is always ready to help him, and the information he

requires may be had for the asking.

In a recent public address the president of a great American railway

sounded an encouraging note. “We railway men,” he said, “have been in a

practical school, having taken a thorough course in working economics.

We have learned that a railway can thrive only as a result of the

prosperity of the community it serves, and that the best policy, from

the viewpoint of permanent railway interests, is one of co-operative

helpfulness.”[55] The New York Stock Exchange has learned the same

lesson, in a similar school. As an institution it realizes that if it

is to grow in prosperity the public must grow, and that as the public

is attracted to investment and speculation by the soundness of the

institution through which it deals so it requires and must receive full

information and an assurance of fair play. “Co-operative helpfulness”

is the only way. Members of the Exchange who become discouraged now and

then must bear this in mind. In the face of every harassing annoyance

they must never cease their work of keeping their house in order, and

of inviting that portion of the public that is open-minded to lend

a hand. Their labors resemble the task of Sisyphus; like him they

must cultivate the spirit of “everlasting hope,” and when unworthy

assailants seek to prejudice the popular mind, they must stand forth,

give blow for blow, and never say die.

Pessimists may blind their eyes to the manifold evidences of material

progress on every hand, but just as the workshop, the farm, the

school, the hospital, and the bank, each supplies proof of continuing

improvement, so also in its sphere of usefulness does the Stock

Exchange. Within a few years, for example, it has rid itself of the

unlisted department, and this may very properly be mentioned as

a distinct progression. Under the old system a limited number of

industrial corporations were permitted to obtain a market on the

Exchange for their securities, although they furnished but few figures

to the Listing Committee in return. This was a practice wholly at

variance with the duty of the Exchange to protect the investor, since

it practically assures him that corporations admitted to the Exchange

have demonstrated their worth to the authorities. That character and

countenance should be given to the so-called “unlisted department” was

a mistake, and it has been abolished.

In this reform the Listing Committee accomplished a twofold blessing in

setting the Exchange right with the public by ridding their institution

of anything approaching the blind pools of early days and at the same

time forcing certain wealthy corporations to abandon their policy

of concealment or lose the privilege of the floor. Certainly if the

country’s leading steel corporation can afford to take its 150,000

stockholders and its 250,000 employees into its confidence and treat

the whole public, including its competitors, with entire frankness,

there is no insuperable difficulty about the others. In any case the

desire to protect the investor, which is the controlling motive of

the elaborate restrictions imposed by French and English laws in new

security offerings, has advanced far in this country within the last

few years, and the farther it goes the more popular it becomes.

That there is still work for the Listing Committee to do goes without

saying. One of the most promising improvements that comes to mind at

the moment is the one employed in London, where shares of new companies

are not admitted to the Board unless a sufficiently large allotment

has been made to the public. This is also the rule in New York, but

perhaps we may add to its effectiveness by increasing the size of the

public allotments. Another praiseworthy feature of the London system is

that which has to do with vendor’s shares, which are not listed until

six months after the admission of the company’s securities. Under this

plan if one or more individuals secure a block of stock in payment for

properties in the concern, they are prevented from unloading those

shares on the public until a sufficient time has elapsed to determine

the merit of the property.

Another instance of progress made in recent years in the internal

mechanism of the Exchange, is the abolition of fictitious transactions

or “wash sales,” utterly indefensible transactions not enforceable

at law. These were always prohibited under the rules, yet despite

this a flagrant instance of a violation was discovered in which the

guilty were made to suffer. So far as I am aware it was the only case

on record in which obvious collusion between buyer and seller in a

Stock Exchange transaction was shown. The broker in this instance must

have known that the Committee would demand his books and that it would

appear that no genuine bargain had taken place. If he did not know

it, he knows it now. The example made of him will, I fancy, prevent a

recurrence of the episode.

This leads to the subject of “manipulation,” as it is termed, or the

uses to which the facilities of the Exchange are sometimes put to give

certain stocks an appearance of activity out of proportion to their

normal movement. Now we must assume as our major premise in discussing

this matter that any artificial interference with the natural operation

of supply and demand is pernicious; from the standpoint of economics

it is harmful. The Stock Exchange has nothing to conceal, and it

recognizes not only that manipulation exists, but that at times it

assumes the proportions of a real evil. Therefore it is doing what

it can to stop it, and it will continue to do so. Whenever unwonted

activity arises nowadays in a security long dormant, as happened very

recently in the stock of a certain gas company, the governors of the

Exchange entrusted with such things take the matter in hand and put a

stop to it if obvious manipulation can be shown after investigation.

The public and the newspapers know nothing about it; the vial of their

criticism is poured forth only when something escapes the watchful

eye of the Exchange authorities, as must inevitably happen now and

then. But if these critics could know how indignant the members of the

Exchange became when the Hocking Coal episode occurred, and if they

could see the resolute determination of all hands to prevent another

such occurrence, they would at least give the Exchange credit for

faithfully attempting to suppress manipulation of the flagrant sort.

The fact is that all forms of manipulation are by no means improper;

some of it performs a useful service and is a necessary and legitimate

part of the functions of the Exchange. To understand how true this is

let us consider, for example, the case of a corporation that has been

organized, let us say, to develop a group of recently discovered coal

properties in new territory. This is legitimate endeavor as applied to

American enterprise; in a broad sense it is the spirit of adventure and

speculation that has made our country commercially rich and powerful.

Now, in order to develop this enterprise, it is necessary to ask the

public to buy its shares or its certificates of debt and thus become

partners in the undertaking. In that way our great railways were built

and our Western country opened to progress. But the public will not

support the new enterprise until it knows something of its merits, and

accordingly the company introduces its property through the medium of

that great central market-place--the Stock Exchange--furnishing the

Exchange authorities with its credentials in minute detail.

At this point the so-called manipulation takes place. The securities

are new, the company may wish to advertise them, attract attention to

them, and solicit a public interest in the laudable enterprise that

lies behind them, all of which is as right and proper as it is for any

merchant to establish a market for any new article on his shelves. To

accomplish his purpose the merchant must first fix an arbitrary price;

if the public will not buy at that price he must “manipulate” a lower

price, and in all his subsequent dealings there must be manipulation

of one form or another designed to conform to the supply and demand in

that particular article.

The men behind the coal company in question must do the same

thing. They fix a price at which their shares are introduced in

the market-place; let us say this price is $100 per share. This is

manipulation. It may happen that the public will not buy at that price,

in which case the price is lowered, let us say, to 80. This also is

manipulation. But is it improper? Is it subversive of good morals? Is

it an unhealthy interference with natural laws of supply and demand? Is

it anything less than a legitimate method of attracting capital into

worthy enterprises?

Critics are invited to remember that the Stock Exchange does not buy

or sell anything; it merely acts as a market-place through which,

among other things, capital may be directed from channels where it

is least needed into those where it may be most beneficially and

profitably employed. If, therefore, an oil company or a coal company

or any other enterprise whose ultimate success cannot fail to enrich

the community seeks to market its wares--i. e., its securities--and

thereby enable itself to do business, where else is it to turn save to

the Stock Exchange, and how is it to fix an attractive market price at

the outset save by what is termed manipulation? Nobody is compelled to

buy; as for selling, any holder of 100 shares or any other number of

shares can sell them at will, and no amount of manipulation can prevent

him from a free exercise of this privilege. You may depend upon it,

Mr. Critic, that the Stock Exchange will take pains to suppress all

forms of manipulation that are unsound and harmful, but until you or

some other gifted student of economics can devise a method by which

capital may be attracted to excellent channels other than through the

medium of an Exchange, manipulation of the sort just described must

continue or enterprise must stop. Strike out the word “manipulation,”

and substitute “establishment of values” in transactions of this sort,

and the practice seems to become, as it really is, in keeping with the

finest traditions of the market-place.[56]

It is a difficult matter for the Stock Exchange authorities to suppress

all forms of manipulation that are plainly and admittedly improper.

Such things do exist; the difficulty is in devising ways and means

of preventing them. Mr. Smith, a non-member of the Exchange, may

be interested in a certain security to which he wishes to give an

appearance of activity. He calls Brown, a stockbroker, and instructs

him to buy 5000 shares “at the market.” Then he telephones Jones,

another stockbroker, to sell 5000 shares. Brown and Jones are each

in ignorance of the other’s order, but they meet in the crowd where

this stock is dealt in, and their orders combine to give the market an

appearance of animation. The governors are as determined to stop this

sort of thing as the most energetic critic could wish; they send for

the two brokers and the facts are revealed. But as each was entirely

innocent of wrongdoing, and as no rule of the Exchange and no law of

the land has been violated, what is to be done?

They may caution both brokers against accepting any more business from

Smith, but Smith is not a member of the Exchange, and hence he is not

amenable to its discipline. When his next orders are refused he gives

them to some one else, and if the entire Stock Exchange refused to

accept business from him he would and could with perfect propriety ask

his bank, or a trust company, or an individual to give out the orders

under their own names. Finally, if the Exchange authorities were so

sagacious as to be able to close to this man every conceivable avenue

by which he might approach the Stock Exchange in New York, there

would still be left open to him the market in Boston, or Montreal, or

London, or any other centre in which the security was listed, and the

pernicious effect of his manipulation in these cities would be felt

in New York just as promptly and just as harmfully as if they had

originated here. I mention this case, a purely hypothetical one, to

show how easy it is for manipulation of this sort to find employment,

despite all that may be done to suppress it. Perhaps somewhere in

the noble army of critics there may be one who can devise a means of

meeting this issue. If so, let him stand forth and speak. The Stock

Exchange, root, stock, and branch, will be glad to hear from him.[57]

Counsel for the Congressional Committee that is in session as these

lines are written seeks to raise another dreadful ghost with which to

frighten ignorant people in his alleged “discovery” that a great part

of the business done on the Stock Exchange is speculation. He parades

through the newspapers the fact that the number of shares bought and

sold often largely exceeds the number transferred on the companies’

books. In a chapter on “The Uses and Abuses of Speculation,” I have

attempted to show that the more speculators there are in a market, the

better and safer the market, and I rest this dictum on the authority of

every student of modern markets. In this connection let us consider the

opinion of a thoughtful newspaper writer. “There is no doubt,” he says,

“that the committee will find that there is speculation in Wall Street,

just as there is speculation elsewhere, and in commodities other than

in stocks and bonds. The instinct has always been a pronounced human

characteristic, being a part of human progress, and the manifestation

of it is one sign of the difference between man and the lower sorts

of creatures. It is doubtful whether the general gambling impulse can

be entirely wiped out, even if the mighty power of an act of Congress

be called into requisition. If Mr. Pujo and his committee can abolish

speculation in Wall Street (to say nothing of gambling, which is not

the same thing), they may be asked to abolish every commodity market

throughout the land, for there is plentiful speculation in all of them.

“What seems to bother some representatives of the Pujo Committee is

that the number of shares traded in on the Stock Exchange exceeds

largely the number actually transferred. It is true, for example,

that the number of shares of United States Steel common sold during

last year were largely in excess of the number of shares outstanding,

the sales amounting to 31,266,208 shares, while the entire number

outstanding was only 5,084,952. The ratio of six to one suggests

healthy activity in the market for steel stocks. It is conceivable that

a block of stocks may pass through many hands before it arrives at

its ultimate owner, just as a crop of potatoes passes through a long

chain of handlers and buyers and dealers before it reaches the ultimate

consumer. Meantime, the number of potatoes has neither increased nor

diminished.

“But the potato crop, which easily changes hands six times in a year,

is finally eaten. The stocks go on forever. The legitimate holder is

not injured if they change hands not six, but sixty times, provided

he is secured by proper publicity, which the Stock Exchange assures.

The free speculative market is in itself an element of value, and

if it were destroyed the investor would be chiefly injured, while

future capitalization for the development of the country would be

paralyzed.”[58]

At the outset I began by cautioning the reader not to cry out in alarm

over the utterances of newspaper statesmen bent on justifying their

existence, and determined to make the punishment fit the crime. Stocks

will always be bought and sold, they will pass from hand to hand just

as horses are traded and lands are exchanged. The modest dollar, too,

will continue to pass from pocket to pocket, having a thousand owners

and performing a thousand functions many of which may alarm a timid and

unsuspecting lawmaker, but which to you and me may seem natural enough.

When you read that a great Congressman is determined to put the Steel

corporation into bankruptcy and throw its 250,000 employees out of

business, depend upon it he is only trying to justify his job for the

benefit of this constituents. When somebody else seeks to mend his

fences by the noisy announcement that the Stock Exchange reeks with

improper manipulation, that speculation is wrongful, and that the

criminal nature of an institution is directly proportionate to its

size, remember that the votes of your fellow-citizens put this man

in office and that you and they must foot the bill, since it is your

money that pays for all these junkets, all these investigations, and

all these political excursions. More than that, you must pay your share

of the $160,000,000 for pensions, of the $40,000,000 for post-offices,

and of the countless millions for rivers and harbors, and these, too,

are voted with amiable frugality by the gentlemen who see nightmares in

banks, Clearing Houses, and Stock Exchanges.

Finally, try to investigate and study all these matters for yourself.

Read the men who have spent their lives in the study of economics.

Compare the results attained by our great financial institutions with

those reached in similar lines abroad. In the particular application

of these studies to the New York Stock Exchange, you will find that

charges such as we have been considering could be brought against any

institution that has stood the test of time and made the mistakes

that fallible human beings must make. You will find that if changes

and improvements seem to come about slowly it is not because of the

unwillingness of the Exchange to remedy these conditions, but because

of the gravity and deliberation with which they must be considered in

the light of the future as well as the present.

The management and control of a great public business, especially

one that has long survived public criticism, is no light matter. It

requires more than common industry, and more than common ability. What

the Stock Exchange asks of you and of every thoughtful citizen in the

land is a recognition of these matters, and a patient survey of all

that enters into them. The critic in “The Vicar of Wakefield” laid it

down as a good rule that you should _always_ say the picture would have

been a better one if the artist had taken more time. Criticism offered

in this spirit the members of the Stock Exchange can bear with good

humor. What hurts them on the raw is the critic’s failure to study and

investigate, or, getting back to the text of Mr. Bryce’s sermon, “the

neglect to think.”

The Stock Exchange from Within · 第 5 / 11 章