Other People's Money, and How the Bankers Use ItBrandeis, Louis Dembitz
History
Other People's Money, and How the Bankers Use It
Brandeis, Louis Dembitz
Banks and banking -- United States; Finance -- United States
The Money Trust would not be disturbed by a prohibition limited to
officers. Under a law of that character, financial control would
continue to be exercised by the few without substantial impairment; but
the power would be exerted through a somewhat different channel. Bank
officers are appointees of the directors; and ordinarily their obedient
servants. Individuals who, as bank officers, are now important factors
in the financial concentration, would doubtless resign as officers
and become merely directors. The loss of official salaries involved
could be easily compensated. No member of the firm of J. P. Morgan
& Co. is an officer in any one of the thirteen banking institutions
with aggregate resources of $1,283,000,000, through which as directors
they carry on their vast operations. A prohibition limited to officers
would not affect the Morgan operations with these banking institutions.
If there were minority representation on bank boards (which the Pujo
Committee wisely advocates), such a provision might afford some
protection to stockholders through the vigilance of the minority
directors preventing the dominant directors using their power to the
injury of the minority stockholders. But even then, the provision
would not safeguard the public; and the primary purpose of Money Trust
legislation is not to prevent directors from injuring stockholders; but
to prevent their injuring the public through the intertwined control of
the banks. No prohibition limited to officers will materially change
this condition.
The prohibition of interlocking directorates, even if applied only to
all banks and trust companies, would practically compel the Morgan
representatives to resign from the directorates of the thirteen
banking institutions with which they are connected, or from the
directorates of all the railroads, express, steamship, public utility,
manufacturing, and other corporations which do business with those
banks and trust companies. Whether they resigned from the one or the
other class of corporations, the endless chain would be broken into
many pieces. And whether they retired or not, the Morgan power would
obviously be greatly lessened: for if they did not retire, their field
of operations would be greatly narrowed.
APPLY THE PRIVATE INTEREST PROHIBITION TO ALL KINDS OF CORPORATIONS
Public-domain text, read in full here on John Shaqi.
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