About this book

Fifty years in Wall Street

Henry Clews

Owing to the inflamed state of the public mind, some of the laws enacted to remedy the evils complained of may have been too drastic for the purpose. But excesses of this kind correct themselves. Such laws are either not enforced, or repealed after being enforced. As General Grant once said to me,-“The surest way to repeal a bad law is to enforce it.” We have fortunately always a safety valve in public opinion, which never errs in the long run, and the public opinion of a nation is reflected in its laws. The immensity of corporate interests in the United States is suggested by the fact that, including prominent city banks and Trust companies, there are more than 20,000 corporations reported in the manuals devoted to them. Of these 1,512 are active, operating railway companies, 1,129 electric traction companies, 1,158 gas, electric light and electric power companies, 267 water companies, 259 telephone, telegraph and cable companies, 1,510 active, operating and producing industrial and miscellaneous companies, 880 active or operating mining companies, and 13,500 banking, insurance and other financial companies. The railway companies cover 222,013 miles, and they had a capitalization and bonded debt, on the 1st of January, 1908, of $13,908,456,846, at par. The industrial and miscellaneous companies had at the same date a capitalization of $9,849,833,000, and the stocks of all the corporations in the United States aggregated more than $33,600,000,000 at par, exclusive of banks, Trust companies and other financial institutions. In connection with the present enormous railway mileage of the country, it is interesting to note that as recently as 1865 there were only 3,085 miles in operation; and in 1879—the year of specie resumption, after the long civil war suspension from 1861—this total had only increased to 86,556 miles. These figures remind us of the great rapidity with which new railway corporations were subsequently organized, and laid their tracks, while old ones extended their lines from Maine to California, and the St. Lawrence to the Gulf of Mexico. We can also remember the nation’s phenomenal progress simultaneously in all other directions, and that, before 1880, Trust companies and industrial corporations were few and far between in comparison with the great multitude of those with which we have now to deal. The modern era of these striking features of our business life, and the development of the industrial Trusts which now cover the country, East, West, North and South, had then hardly commenced. Yet our great corporations, and our great railway systems are still growing and multiplying, and will continue to grow and multiply to meet the wants of our rapidly increasing population for generations to come, till every part of our vast territory is thickly settled. Railways and manufactories represent our largest corporations, and are next in importance to our unlimited agricultural resources and mining interests. They remind us too, that while these and all other corporations need regulation by law, this regulation should never hamper, or interfere with, their legitimate activities and expansion, however strict and severe it may be in prohibiting and punishing wilful violations of law and other abuses of power. It is significant of the power and extent of our railway systems that these—fifty-seven of them in all—operate, or control, six hundred and eighty-eight subsidiaries, or jointly controlled railway companies, embracing 196,425 miles of road, with an aggregate of outstanding stock of $4,750,325,000, and $8,180,780,000 of bonds, a total for both, at par, of $12,931,154,000. These figures are exclusive of stocks and bonds held in the treasuries of the companies. Thus nearly ninety per cent of the steam railway mileage of the United States is operated, or controlled, by the fifty-seven systems. The remaining ten per cent of the country’s railway mileage is composed mainly of short, independent and disconnected lines, some of which are run at a loss, and many without reporting any considerable profit. Railway corporations in this country are therefore, except as to this unimportant ten per cent, a great consolidated force, for the fifty-seven systems that control ninety per cent of the mileage, are equivalent to so many Trusts, and these can join hands in a solid phalanx at any time for any lawful purpose, and practically form one great railway Trust spanning the continent, a gigantic power that but for law would be a monopoly. So the National corporation problem is largely one of the railways, and it involves the best way for the Federal Government to regulate these, and all the corporations, in the interest of trade, commerce and the people, and to do this without imposing unnecessary restrictions upon their legitimate operations and development. The corporation problem in this country is still new and unsolved, but it has assumed immense national importance through the growth of the large industrial Trusts during the last twenty years. Before that they were unknown, and they have to a large extent revolutionized business and business methods in the United States. They resulted from the enormous and rapid increase of our population, industrial activity, industrial development and wealth, and the consequent increase of competition in all branches of trade. Corporations, good, bad and indifferent, sprang up like mushrooms, and then combinations of corporations into larger ones took place, and we had Trusts. These were organized ostensibly to secure economies in management which, in conjunction with their large capital, would enable them to compete advantageously with smaller concerns in the same lines of business, and give them more or less control of their markets. But in doing this they of course threw many out of employment, and forced many of their smaller competitors out of business. Consequently the popular sentiment against them at first was very strong and the cry of “Monopoly” was often heard. It was found however that the rise in prices that had been generally apprehended as a result of the formation of Trusts did not occur, at least not to any disturbing extent. So public hostility to them quieted down, although their struggling and ruined competitors still felt sore over their rivals’ success, all the more so when it was discovered that most of them were making far larger profits than had ever before been made in the same industries. If this had always been done honestly there would have been no reason to complain. The great industries dominated by Trusts included, besides petroleum and sugar refining, iron and steel working, copper and other metal and mineral mining, India rubber and tobacco manufacturing, distilling, and also many miscellaneous manufactures, in addition to those in other lines than manufacturing. The traders who had occupied these fields of industry before them looked small indeed beside these new corporation giants. Discrimination in favor of one and against another by railway corporations was an iniquity that built up large fortunes for a few and starved and ruined many. But that, let us hope, has been effectually stopped forever by its exposure and denunciation by President Roosevelt and the Federal legislation which it provoked; and any revival of it should be punished with the utmost rigor of the law, not by fines but by imprisonment of both the giver and receiver of rebates. Fines can be easily paid by large corporations, however much their stockholders may suffer, but being placed behind iron bars is always distasteful, if not terrible, to their officers; and it leaves a stigma that they are anxious to avoid. Their aversion to being disgraced in the eyes of their families and friends by imprisonment as criminals will always tend to make them extremely cautious not to incur this risk, however willing through lack of moral scruples, some of them might be to violate the anti-rebate laws if they could do so with impunity, and however much they might be aware that lawlessness, apart from the question of dishonesty, is anarchy, and therefore unpatriotic. Corporation looting in its various forms, and political contributions of corporation money, are, like rebating, equally wrong in principle, and should be punished with equal severity and involve compulsory restitution. That is really the only way to prevent the recurrence of such wrongs by the unprincipled. Judge Anderson, in charging the jury at the trial of John R. Walsh in Chicago for bank frauds, said: “The law presumes that every man understands and foresees the natural, legitimate and inevitable consequences of his acts. The color of the act determines the complexion of the intent. The intent to injure or defraud may be presumed when the unlawful act which results in loss or injury is proved to have been knowingly committed.” Many of the irregularities, abuses and questionable methods of large corporations resulted no doubt from the haphazard speculative manner in which they were organized. Their promoters and organizers had always, or nearly always, speculative objects in view in forming the combinations we call Trusts. They looked for their first profit in the stock deals involved in them, and were generally willing to give extravagant prices, payable in stock, for properties that they wished to control and bring into these new Trusts. This, of course, caused overcapitalization, and in many cases this overcapitalization was equivalent to several times the actual value of the properties embraced in the Trusts created, and in some instances to many times their value. Then too extravagantly high salaries were given to the men in control of such organizations for their services as officers. They were generally “on the make,” working for Number One—that is for themselves—as well as the Trusts. It often followed that, in their efforts to float their stock and pay dividends, loose and none too scrupulous practices were resorted to, and more or less false and exaggerated representations were made as to actual values and conditions. So greed and graft dominated not a few of them more than the interests of their outside stockholders. They were in a position where they could help themselves to the cream, and leave the skim milk for the investors, and not many of them neglected their opportunity to skim the cream, and to feather their nests more or less, in the last few years, before stricter laws were passed by Congress and the States for the management of corporations. The laxity of both the State and Federal laws with regard to corporations, till recently, permitted much to be done in the dark, which is now rendered impossible by the light of publicity that is required by the new enactments, as well as by various prohibitions of dishonest practices, besides that crowning evil, railway rebating, that were before prevalent. Campaign contributions by corporations were wrong, morally and legally, not because political contributions are wrong, but because they were a wrongful and illegal use of corporate money. But the controlling officers of many large corporations, particularly the New York City Railways and large life insurance companies, were woefully blind to this, so accustomed had they been to handling corporate funds in their charge as if they owned them, and could do as they pleased. These transactions were almost on a par with some of those connected with the purchase at a fictitious price of a certain Street Railway—a practically non-existent line—in which large capitalists were concerned. Here was a flagrant instance—involving a diversion of half a million dollars—of the doings of men controlling a great street railway system,