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
Leading bankers have undoubtedly coöperated during the last 15 years
in floating some very large security issues, as well as many small
ones. But relatively few large issues were made necessary by great
improvements undertaken or by industrial development. Improvements
and development ordinarily proceed slowly. For them, even where the
enterprise involves large expenditures, a series of smaller issues is
usually more appropriate than single large ones. This is particularly
true in the East where the building of new railroads has practically
ceased. The “great” security issues in which bankers have coöperated
were, with relatively few exceptions, made either for the purpose
of effecting combinations or as a consequence of such combinations.
Furthermore, the combinations which made necessary these large security
issues or underwritings were, in most cases, either contrary to
existing statute law, or contrary to laws recommended by the Interstate
Commerce Commission, or contrary to the laws of business efficiency.
So both the financial concentration and the combinations which they
have served were, in the main, against the public interest. Size,
we are told, is not a crime. But size may, at least, become noxious
by reason of the means through which it was attained or the uses to
which it is put. And it is size attained by combination, instead of
natural growth, which has contributed so largely to our financial
concentration. Let us examine a few cases:
THE HARRIMAN PACIFICS
J. P. Morgan & Co., in urging the “need of large banks and the
coöperation of bankers,” said:
“The Attorney-General’s recent approval of the Union Pacific settlement
calls for a single commitment on the part of bankers of $126,000,000.”
This $126,000,000 “commitment” was not made to enable the Union Pacific
to secure capital. On the contrary it was a guaranty that it would
succeed in disposing of its Southern Pacific stock to that amount. And
when it had disposed of that stock, it was confronted with the serious
problem--what to do with the proceeds? This huge underwriting became
necessary solely because the Union Pacific had violated the Sherman
Law. It had acquired that amount of Southern Pacific stock illegally;
and the Supreme Court of the United States finally decreed that the
illegality cease. This same illegal purchase had been the occasion,
twelve years earlier, of another “great transaction,”--the issue of a
$100,000,000 of Union Pacific bonds, which were sold to provide funds
for acquiring this Southern Pacific and other stocks in violation of
law. Bankers “coöperated” also to accomplish that.
UNION PACIFIC IMPROVEMENTS
Public-domain text, read in full here on John Shaqi.
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