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
Long ago it was recognized that “a man who is his own lawyer has a
fool for a client.” The essential reason for this is that soundness
of judgment is easily obscured by self-interest. Similarly, it is not
the proper function of the banker to construct, purchase, or operate
railroads, or to engage in industrial enterprises. The proper function
of the banker is to give to or to withhold credit from other concerns;
to purchase or to refuse to purchase securities from other concerns;
and to sell securities to other customers. The proper exercise of
this function demands that the banker should be wholly detached from
the concern whose credit or securities are under consideration.
His decision to grant or to withhold credit, to purchase or not to
purchase securities, involves passing judgment on the efficiency of
the management or the soundness of the enterprise; and he ought not
to occupy a position where in so doing he is passing judgment on
himself. Of course detachment does not imply lack of knowledge. The
banker should act only with full knowledge, just as a lawyer should act
only with full knowledge. The banker who undertakes to make loans to
or purchase securities from a railroad for sale to his other customers
ought to have as full knowledge of its affairs as does its legal
adviser. But the banker should not be, in any sense, his own client. He
should not, in the capacity of banker, pass judgment upon the wisdom of
his own plans or acts as railroad man.
Such a detached attitude on the part of the banker is demanded also
in the interest of his other customers--the purchasers of corporate
securities. The investment banker stands toward a large part of his
customers in a position of trust, which should be fully recognized.
The small investors, particularly the women, who are holding an
ever-increasing proportion of our corporate securities, commonly
buy on the recommendation of their bankers. The small investors do
not, and in most cases cannot, ascertain for themselves the facts on
which to base a proper judgment as to the soundness of securities
offered. And even if these investors were furnished with the facts,
they lack the business experience essential to forming a proper
judgment. Such investors need and are entitled to have the bankers’
advice, and obviously their unbiased advice; and the advice cannot be
unbiased where the banker, as part of the corporation’s management, has
participated in the creation of the securities which are the subject of
sale to the investor.
Is it conceivable that the great house of Morgan would have aided in
providing the New Haven with the hundreds of millions so unwisely
expended, if its judgment had not been clouded by participation in the
New Haven’s management?
CHAPTER X
THE INEFFICIENCY OF THE OLIGARCHS
We must break the Money Trust or the Money Trust will break us.
The Interstate Commerce Commission said in its report on the most
disastrous of the recent wrecks on the New Haven Railroad:
Public-domain text, read in full here on John Shaqi.
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