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
Every one connected with the New York Stock Exchange knows that this
suggestion, like all the others made by the Commission, was received
with approval by all hands, and, if a hard and fast rule could have
been devised to meet not merely the spirit but the letter of the
recommendation, the Governors of the Exchange would have put it into
instant operation. But there are difficulties in the way, and one of
the duties of the Governors is to consider very carefully all sides
of each perplexing question that comes before them, not merely in the
interests of the Stock Exchange, but with due regard to the common
law and the interests of the public. Margin trading is a matter of
contract, and “the right of one private person to extend credit to
another,” as the Chairman of the Hughes Commission himself points out,
“is simply the right to make a contract, which, under the Federal
Constitution, cannot be impaired by any State Legislature.”[23]
Here is a very considerable difficulty in the way of restricting margin
trading, and one that is not fully understood by the outsider. He is
prone to speak of contracts thus made as “gambling transactions,”
missing altogether the essential point that there is a vast difference
between a transaction with a contract behind it, enforceable at law,
and one that has to do with bucket-shops and roulette, in which there
is no contract, and is expressly prohibited by law. No matter what
his intent may have been when he bought, and no matter what margin
the broker accepted--the buyer has the right to demand his securities
at any time, and the broker must always be prepared to deliver them;
conversely, the broker may compel the buyer to pay for and to receive
the securities he has bought. Motives and methods have nothing whatever
to do with the transaction.
Public-domain text, read in full here on John Shaqi.
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