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
Six years ago the Interstate Commerce Commission, after investigating
the Union Pacific transaction above referred to, recommended
legislation to remedy the evils there disclosed. Upon concluding
recently its investigation of the New Haven, the Commission repeated
and amplified those recommendations, saying:
“No student of the railroad problem can doubt that a most prolific
source of financial disaster and complication to railroads in the
past has been the desire and ability of railroad managers to engage
in enterprises outside the legitimate operation of their railroads,
especially by the acquisition of other railroads and their securities.
The evil which results, first, to the investing public, and, finally,
to the general public, cannot be corrected after the transaction
has taken place; it can be easily and effectively prohibited. In
our opinion the following propositions lie at the foundation of all
adequate regulation of interstate railroads:
1. Every interstate railroad should be prohibited from spending money
or incurring liability or acquiring property not in the operation
of its railroad or in the legitimate improvement, extension, or
development of that railroad.
2. No interstate railroad should be permitted to lease or purchase any
other railroad, nor to acquire the stocks or securities of any other
railroad, nor to guarantee the same, directly or indirectly, without
the approval of the federal government.
3. No stocks or bonds should be issued by an interstate railroad except
for the purposes sanctioned in the two preceding paragraphs, and none
should be issued without the approval of the federal government.
It may be unwise to attempt to specify the price at which and the
manner in which railroad stocks and securities shall be disposed of;
but it is easy and safe to define the purpose for which they may be
issued and to confine the expenditure of the money realized to that
purpose.”
These recommendations are in substantial accord with those adopted by
the National Association of Railway Commissioners. They should be
enacted into law. And they should be supplemented by amendments of the
Commodity Clause of the Hepburn Act, so that:
1. Railroads will be effectually prohibited from owning stock in
corporations whose products they transport;
2. Such corporations will be prohibited from owning important
stockholdings in railroads; and
3. Holding companies will be prohibited from controlling, as does
the Reading, both a railroad and corporations whose commodities it
transports.
Public-domain text, read in full here on John Shaqi.
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