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
It has been urged in times past, by those who have not understood
the peculiar powers of this Governing Board, that the Stock Exchange
should incorporate in the manner provided by law, and thus place
its affairs within the control of the State authorities, so that if
mistakes occur and wrongdoing becomes evident offenders may be dealt
with by the legal authority vested in the Courts. But the essential
point altogether missed in this suggestion lies in the fact that the
absolute power vested in the Board of Governors, by the existing plan,
gives the Stock Exchange authorities vastly greater control over its
members than any law on the statute books could possibly give. The
Hughes Commission, which went thoroughly into the affairs of the Stock
Exchange in 1909, recognized this fact, and its report emphasized the
point that if changes were necessary they should come from within the
Exchange itself, because of the broad control vested in it by its
constitution.[93]
The manner in which the Board of Governors handles offences as
they occur, and the way punishment is meted out, would not have a
constitutional leg to stand on if, as an incorporated body, offenders
could invoke their legal privileges. Under its present organization,
for example, the Board may, if it sees fit, intercept and cut off a
member’s telephone connection; it may dictate with whom he may or may
not do business, and in its wisdom it may determine how, when, and
where that business shall be conducted. If it were an incorporated
body and each offender could resort to the courts in instances such
as I have cited, what would become of its rules, and how could the
Exchange authorities maintain its absolute determination to protect the
public at all hazards? Under the existing system, which true friends
of the Exchange and of the public may well wish to see maintained, the
governors are enabled to find the direct way and the common-sense way,
without being blocked by a jungle of legal technicality. They are not
to be delayed or restricted by alibis, by pleas of immunity, or by
States’ evidence, nor are they to be interfered with by the rain of
legal writs through which an accused man, in the courts, may twist and
double and block and delay the punishment for his sins, if sins there
be.
Public-domain text, read in full here on John Shaqi.
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