The Stock Exchange from WithinVan Antwerp, William C. (William Clarkson)
History
The Stock Exchange from Within
Van Antwerp, William C. (William Clarkson)
New York Stock Exchange; Stock exchanges
As I have outlined elsewhere in this volume the cogent objections
to incorporation of the New York Stock Exchange, it only remains to
say here that the great argument against such a step consists in the
Governing Committee’s absolute power of summary discipline over the
members, a power that greatly exceeds the authority of the common law,
and one that protects the patrons of the Exchange to an extent that
would not be possible if, under incorporation, members could invoke
their constitutional prerogatives.[81] Said the governors in reply
to a question of the Hughes Commission: “Appeals to the courts have
been rare, considering the number of cases in which such power of
discipline has been exercised, but we may well cite as substantiating
in an extraordinary degree the fairness and right-mindedness with
which members have been held to their obligations, the fact that,
although in a number of instances appeals have been made to the courts
for reinstatement by members who have been expelled or suspended for
infraction of the rules, or for conduct which, although it might not
be in violation of any express rule or regulation, or in violation of
any law or legal obligation, the committee have held to be inconsistent
with the maintenance and exercise of those standards of honorable
dealing which it is the function of the Exchange to inculcate and
maintain; nevertheless, in the last twenty-eight years there has not
been a single instance of the judgment of the Governing Committee being
reversed by the courts.”
The distinction between the expulsion of a member of such a voluntary
unincorporated association and the expulsion or removal of a member
of a corporation is very important. The moment the body receives a
charter a different set of principles comes into play as regulating the
relations between the member and the body.[82]
Public-domain text, read in full here on John Shaqi.
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