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Author:
Quick, M.W.
Title:
Modern speculation, its
methods and effects in.
Place:
Titusville
Date:
[1 888]
MASTER NEGATIVE «
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Business
DE55a
Q4
Quick, M W
Modem speculation, its methods and effects
in destroying values ^an address before the
New York state grange at Jamestown, Jan. 24,
1888 3 Titufiville, Pa. ^ 1888 3
cover-title, 34 p.
At head of title: Gambling in the products
of land and labor.
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GAMBLING IN THE PRODUCTS OF LAND AMD LABOR.
Qu^^Mj M. W
Modern Speculation
ITS METHODS AND EFFECTS TN DESTROYING
VALUES.
The only freedom I care about is the freedom to do
right; the freedom to do wrong I am ready to part with
on the cheapest terms to any one who will take it.
HUXLEY.
PRESS AMERICAN CITIZEN. TITUSVILLE. PA.
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MODERN SPECULATION.
An Address by M. W. Quick of Titusville, Pa.,
Before the New York State Grange
AT Jamestown, January 24, 1888.
Speculation, as it is known to-daj^, is a creature
of American birth, and most of you have seen it grow
from a mere threat of existence, to the development
of a strength that enables it to reach out and exact
tribute from every branch of trade.
When I was asked to present this subject to you
it seemed but a task of an hour, but when T thumbed
the pages of its record the work before me assumed
proportions too vast to allow of comprehensive dis-
cussion in so brief a time. I have therefore confined
myself to turning a leaf now and then for the purpose
of giving you a hasty glance, and I hesitate at the re-
sponsibility which rests upon me, for I can unfold so
small a portion of the whole record to voiir vision
that I fear I shall not be able even to indicate many
of the darker pages which this record contains.
I shall make no effort to go into the moral aspect
of this subject, and that which I shall present for
your consideration will be confined strictly to the ef-
fect of this so called speculation upon the commercial
position occupied by the productive industries and
tlieir auxiliaries.
Soon after the failure of Grant & Ward, in May,
1884, and while the mutterings of the coming panic
were filling the air, a young man came to me request-
ing a loan of one hundred dollars, and offered as se-
t
2 MODERN SPECULATION.
curity his diamond shirt studs. He had already spent
his inheritance in the oil exchanges, and now desired
the funds necessary to secure liis broker in the execu-
tion of an order to sell short, that he might thereby
be benefited by the decline in oil which he believed
was sure to follow. Failing to enlist my sympathies
in his effort to thus sell what belonged to others, he
went elsewhere and found a Kood ''Samaritan" who
bound up his— diamonds, and I next heard of him as a
heavy and successful operator in the ranks of those,
who, as shown by the oil exchange clearances, bought
and sold 44,000,000 of barrels of ^'oil" per day during
that month— an aggregate of 1,200,000,000 l)arrels—
more than live times the entire output from Ameiican
fields since the striking of the I )rake well in 1859, gave
the world a new light and a new industry.
In 1882 a system of cancellation was adopted by
the oil exchanges, through which clearance-house
sheets took the place of oil certificates, and these once
necessary representatives of value became useful only
in times when the balance of rrade between the ex-
changes and the outside world made it necessary to
receive and deliver oil certificates, and even this was,
to a certain extent, done away with by a custom of bor-
rowing and lending. Millions of barrels of so called oil
were, through this system, sold and bought by opera-
tors who had no property to sell, and no money to
pay for their purchases, and when the panic which was
precipitated upon the country during that eventful
May actuated operators with one desire to sell, a temp-
est swept the oil fields and the value of producing
property was so depressed that for nearly four yearg
the oil producers have been struggling to overcome
the effects of that storm.
The fact that the young man, whom I have
MODERN SPECULATION. 3
mentioned, soon leturned without money or dia-
monds to his legitimate vocation, may be of passing
interest; that lie was able, through such an invest-
ment, to sell oil without thought of delivery, and thus
to aid in crippling an industry which was at that time
unable to support its own burdens, is a condition
worthy of thought. No crime can be laid at his door;
he availed himself of the privilege which is open to
all, of operating without property; a system which
fosters and encourages uncommercial transactions;
one which nurtures panic and chaos, and carries a
blighting influence to the very base on which it rests.
But I am not invited here to t^ll you of the bur-
dens which producers of oil are called upon to bear,
but rather to call your attention to similar burdens
which you, as agriculturists, are supporting by your
industry.
In doing this I will show you as fully as time will
permit: 1st, the important position which your in-
dustry occupies in the commerce of the world; 2d,
the great enemy with which you have to contend; and
3d, the direction to which you must look for relief.
First of all, the impoitance of receiving a just and
fair compensation for the products of the soil, cannot
be overestimated. It is a matter of vital importance,
not only to the producer, but to every legitimat^^ fac-
tor in coujuierce throughout the land. No person en-
gaged in a vocation the pursuit of which tends to ele-
vate and better the condition of mankind, should for
a moment tliink that he is above the consideration of
this subject; and I may safely say that none of those
who have given due attention to the foundation on
which civilization rests can be indifferent to this im-
portant consideration.
•4
.4
This
is a commercial age, and the great
4 MODERN SPECULATION.
question to you, as tillers of the soil, is: How
shall we obtain a just reward for our toil -an honest
market for the produce of that soil which our fathers
wrested from the wilderness? You want nothing
more; you will be content with nothing less! To answer
. these questions was the purpose of your organization,
and you are gathered here as representative produceis
of the Empire State, hoping to have some light thrown
upon this subject, and to be able to repc^rt to your
constituents that progress has been made towards its
solution.
The value of American produce gauges the circu-
lation of money among the American people. Not
only this; it decides the balance for or against us as a
nation in our commerce with foreign lands. Accord-
ing as this value is high or low, the avenues of trade
are crowded or deserted. It decides what luxuries -
yes! even what necessaries may be enjoyed around
four million farm firesides. By this value more than
three hundred millions of acres of cultivated lands are
made profitable or worthless, and the amount of com-
pensation for the labor of fully three fourths of our
population engaged in all the industrial pursuits, is
directly determined.
The pric^ received for your produce deterujines
what kind of food, what quality of clothing, what
nourishment for the sick, and what pleasure's you
can provide for yourself and for your loved ones at
home. It is this that marks the line beyond which
the merchant cannot advance; it defines fhe demand
for manufactured wares; it metes out the wages for the
mechanic's toil; it deter mines the traffic on the rail-
roads which pass your doors, and is indeed the very
heart's blood of commerce.
What is your condition as agriculturists, to-day ?
MODERN SPECULATION. 5
You have gone through years of depression, and have
seen them followed by years of greater depression. You
have entertained hopes of a brighter future, and have
seen the clouds gather with increasing darkness. The
tendency of your store has been to shrink year by
year. Your farms are declining in value; your hours
of leisure are shortening, and your ability to furnish
recreation for the mind and body, by travel and asso-
ciation with the people of the world, is constantly be-
ing curtailed.
In this depressed condition you find many other
branches of industry. By reason of your narrowed
incomes, one branch of commerce— the most import-
ant of all the branches— is in a state of partial paral-
ysis, and all the other branches, through this, are de-
prived of vigor.
Why is this ? Can you answer by merely refer-
ring to protection or free trade theories i By simply
pointing to statistics of over-production and under-
consumption ? By arguing upon the scarcity of money
or excessive coinage ( By deploring the excesses of
luxury or by writing sonnets on the sufferings of
want ? I do not hesitate to answer, No! This course
of reasoning may serve to divert the attention or
arouse the sympathies, but it cannot solve the prob-
lem.
Believing that I will find no opposition . among
(Grangers in the importance which I attach to this
class of producers, and the necessity of obtaining a
remuneiative price for their labor, I will proceed to
an investigation of the artificial systems which dictate
prices, and in go doing I am brought to the considera-
tion of what I stated to be the second division of my
subject, namely: the enemy which is, in my opinion
not only threatening, but destroying our commercial
i
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^ MODERN SPECULATION.
life. That enemy I believe to be Modern Speculation
l^est, however. I may not be nnderstcul I wisli in the
eZZT V *"''•' ''' """" '"^ ^«"«^ "-^ *■--» 1^-
and Tt ,^"^'*"««*^ «I>««»Iation luis peopled
and developed o„r country. It bus tunnelled
our mountains and bridged our rivers. It has gone
forth and returned with the produce of all climes It
ha.s distributed abundant harvests throu.di succeeding
penods ot want. It has brought the antipodes to a
common center, and has been to commerce what steam
foTtW T ""-f^'''^^- ^ also believe in providing
for the future by purchases and sales un.ler contra,.ts
maturmg at a specified time. I can see n.any ways in
which such contracts may very properly be an infpor-
tant feature of legitimate commerce, and I would un-
der no circumstances ham,>er the sale of property for
speculative purposes, whether done by spot transac
tions, or by agreements f„r fut.ire delivery [ have
done and am willing to continue doing all in mv
power to promote, protect, and perpetuate such spe,?.
ula^on, and I claim that th.ie is nothing inconsistent
n following this by saying, that of speculation as it
IS known to-day I cannot find words to express my
condemnation I am here, however, for the purpose
of expressmg my views on , he subject, yet I fear that
my time is too short to enabl.- me to lay them before you
Ui such a n.anner as to insure your complete compre-
You all know that exchanges exclusively for
d«ihng in the principal products of th. soil " hav«
arisen m all the leading cities, and that '-bran h of
h es and "bucket shops" are swinging their signs i^^i
the smaler cities, and in nearly all , he villages th.tugh-
outthe land. The larger and more ostentatious of
MODERN SPECULATION. J
these institutions have assumed to dictate to the world
the price at which your products sliall be bought and
sold, while the smaller ones hold themselves in readi-
ness to execute orders through the regular exchanges,
or to become bankers in a commercial-gambling haz-
ard on the fluctuations. So irnixjrtant have these
exchanges become that whole pages of the daily
press are given to a nairation of their transactions,
while there are peiiodicals which are entirely devoted
to the interests of tliese speculative centres.
Before we go further let us see what are the nature
and purposes of an exchange. We may thus arrive
at intelligent conclusions founded upon analysis.
An exchange is a close coiporation-monopoly-
combinaiion. You have a voice in the administration
of the town, county, State, and National Government,
but you have none in the exchanges. They hold daily
sessions in which your i)ropeity is at stake, yet you
are not recognized as having even the right of peti-
tion. You represent the soil and its produce, yet the
exchanges monopolize the (commerce growing out of
your industry. Their doors are (closed against the
producers, the transporters, the exporters, and the
consumers. The autocrats who hold this business in
their hands would as soon think of asking you as to
the quality of wines which they shall serve at dinner,
as of consulting your interests in the transactions
founded upon your products. An exchange is sepa-
rate and distinct from the balance of the community,
making its own laws, rules, and regulations of trade.
It has power to enforce these rules and laws among
members, but no court has yet been found that will
enforce contracts of this nature. So far as the statute
laws are concerned they are evaded or rendered inop-
erative. The very existence of property can be, and
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o MODERN SPECULATION.
W ^?*/***°* '"' '^•"^ '"^ their buying and sell-
ing and If you are an aggrieved party in one of these
transactions, the one in default can "defy the courts.
JMow an association of this kind becomes a petty
monarchy in itself, which, within its province, exerts 'a
greater power than the Government under whi<.h it
exists. Do you aslc me how 'i In the power to make
laws which are more potent than common law, com-
naercial law, and the laws of equity an.l justice. In
the power to make laws which protect those who are
members of the association, but to whi.A no other
portion of the community have an appeal.
I say an exchange can do all this and prohibit
from becoming members all who do not sign its com-
pact. I do not say that it does make .such laws- I
say It can. By its work let us judge it.
It would take too much time for me to give you
an adequate idea of the whole speculative business :ts
conducted under exchange rules, and I will therefore
confine myself to its influence on one .ommodity-
wheat. When I have told you how these close-corpo-
ration laws have by their influence degraded the traffic
in this one great food staple, you will have heard the
story of modem speculation, not only in wheat but in
cotton, corn, pork, and all the leading products of a--
ncultural industry, as well as in shares of mining an.l
railroad stocks, petroleum, metals, and last, but not
least, in silver bullion.
^ I learn from the New York papers that the sales
of wheat in the Produce Exchange of that
r^
^^ MODERN SPECULATION.
selling, as is shown by tliese statements. The 3 -
600,000 bushels were sales for cash, and some evidence
of property, no doubt, pa^s^ed from seller to buyer
This is trade, -business! And right here comes the il-
lusion to the great army of buyers. Their line of ar-
gument may be supposed to run like this: The wheat
business of the country is done in the exchanges, and
great quantities of wheat are bought and sold within
them. Ergo; all transactions in wheat are for wheat
But I think that I have shi.wn you by the foregoing
hgures that all transactions in wheat are not for wheat
and I now ask you to consider three propositions.
First. That future cotitructs neither begin nor
end in receipt or delivery of actual wheat;
Second. That future contracts are, in effect, an
increase m the apparent supply; and
Third. That future contracts are all-powerful in
fixing values.
To the first proposition- that future contracts
neither begin nor end in actual wheat-there may be
and no doubt are, exceptions, but in the overwhelm^
ing majority of cases this is undoubtedly true
I- chanced to look at a New York Times of De-
cember 7th last, and there were sales recorded for th«
previous day of about 32,00o,000 bushels of wheat for
future delivery, nearly 26,000,0(10 bushels of which
v^ere for delivery next May. The same issue gave the
whole visible supply as about 40,000,000 bushels The
sales of this 26,000,000 were for JS^ew York delivery
yet New York never held that amount of wheat and
will lack many millions of bushels of having 'that
amount next May. Still we have the authority of the
^ew York Times that this amount was sold for deliv-
ery during next May. These options certainly did
not begin with actual wheat. It is equally certain
MODERN SPECULATION. 11
that they will not end in actual wheat. To assert it
would be absurd.
There will be a settlement day in May; simply a
settlement day. If the sellers of wheat options control
actual wheat on that day, they will receive the differ-
ence in adjustment. If the buyers can buy enough
actual wheat to control the market, and to advance it
above the price named in their contracts, they will
dictate the price of settlement. You have no part in
this deal. The millions of sales are founded on the
idea of wheat, and are called wheat, yet they are not
actual wheat. The growers of this grain are to-day,
and have been for years, doing the hard work necessary
to furnish a foundation for the greatest farce known
to the woild, and for the support of an aristocracy
who conduct a travesty on commerce, the depressing
influence of which is felt in all branches of industry!
To the second proposition— that future contracts
are, in efi'ect, an increase of the apparent supply— I
ask your close attention, for hidden in this fact I see
the worm that has been blighting your prosperity. To
thoroughly trace the workings of this worm I would
be required to take you through all the avenues of in-
dustry; but this my limited time will not permit.
You know that it costs money to carry wheat.
Now the middle-men must carry this surplus of forty
millions of bushels in sight, and you are as much in-
terested in protecting this store in their hands as you
are in procuring a good crop, for the traffic between
them fixes the price for the product of your harvest.
The burdens borne by them are your burdens, for
your interests are advanced and depressed by the same
influences that advance or depress the value of the
surplus held between your granaries and the table of
the consumer.
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^^ MOBERN SPECULATION.
The legitimate expenses of carrviiiir the acti.al
wheat in sight are, the interest on the iiioner valiip.
the insurance, and the storage on 40,()()().(I(K) of bush-
els. On the bases of values now ruling, this aygregate
expense is about li cents per month/or 15 cents'^per
bushel per year.
The present apparent supply cannot be carried (or
less than .^500,000 per niontli. That is a burden that
will under all circumstances press down on the shoul-
ders of those who hold wheat; and when the sliouldt^s
get tired, the effort to get other shoulders to < ouie to
the relief of the aching ones tends to deprt^ss thn sell-
ing price. Now, if I can show you that future con
tracts increase the cost of holding wheat to the f„il
extent of the amount sold, I think you will have no
difficulty in coming to the conclusion that wheat
futures are as much of a burden on the shoulders <»f
the legitimate factors in th.' wheat business as though
they were actual wheat.
On De('< mbei (Jth, vNhen the 26,()(0,()(in of bushels
were sold - uhich I have shown you cannot be deliver-
ed -the spot price for actual wheat was 80i cents, and
May options were sold at 94 cents per bushel. Now
what was represented by this 4i cents per bushel
above the i>rice of genuine, spot wheat, that was add-
ed to lix the base for these May contracts ? I wish
that every farmer on the continent would give thought
to this question. An option sale of wheat whtch
can under no circumstances l>e terminated by the de
livery of wheat— which must, of necessity, l)e ad-
justed by the receipt and payment of differences-and
yet there is embraced in the price of this future con-
tract a pren.ium of 4i cents i)er bushel above the value
of the existing reality that gives it a name.
Now I venture the asseition that if there were nu
MODEKX SPECULATION. IS
expense connected with carrying actual wheat during
the existence of these contracts, this 4^ cents would
not be added. No ( ne would pay this ifnlf^ss it were
in lieu of the expense connected with carrying actual
wheat. It would cost (Ji cents per bushel to carry st(ued
wheat during the life of these con tracts, or J^ 1, 625. ( KM Uo
carry the 26,0()().0()() bushels sold on this (me dav. If
you wanted to carry this amount of wheat until May,
and believed that future contracts were the same as
actual wheat, because they would terminate on the
same basis of value, you would nodoub: have thought
it much better to cover the ex]»ense of this carr\in«^'
by [)urchasing fjitures at a premimn of si, Io.\(kM) than
to carry the actual wheat at an expense of JS 1,020,000,
for you would thus save the sum of So2o,(M)0. This
would seem to be a go(>d business enterprise; but when
you go behind the scenes and find out that the con-
tract wheat never existed, it becomes clear that while
there is an ap[)arent saving of JKr)2o,0(iO, there is em-
braced a consideration of s|jor).0()o for a service that
cannot be performed, it is for carrying a commodity
which does not exist, and the very fact that this ap
parent service can be secured at a price one-third less
than the gold value of actual service, is enough to
justify us in stani ping across its face in letters large
and plain, the word— counterfeit!
Now I want to draw your attention to the conclu-
sion which follows, for it is the vital point in the
argun]ent which 1 have been endeavoring to make. In
the first place, we find the figures which show thesales
of future contracts, ostensibly representing wheat, to
be so enormously in excess of any possible supply,
that our suspicions of their genuineness are anuised. In
the next place, we discover that the price of tliese
futures is at a figure so much lower than can be leo-it-
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imately acconnted for. that oiir suspicions ii re confirm-
ed, and we are forced to believe that they are counter-
feit and do not represent actual wheat at all Now
with these counterfeits upon the market, as good, or
even better for speculative purposes, than the genuine
and ur.derbidding for a pretended service the actual
value of the real-is not thn conclusion inevitable
that the burdens of carrying the surplus are thus in-
creased, and just as palpably too, as though the store-
houses of the country contained the fuli amount of
wheat that is represented by these contracts « Is not
this, in eflfect. an increase of the visible supply of
wheat even beyond the limits of comprehen8ion {
My third proposition-that future contracts are
all-powerful in fixing values- follows natuially Com
a consideration of my second: -If the pernicious effect
ot futures is to increase the ostensible supply beyond
the legitimate figure, then. b>- the inevitable law of
supply and demand, prices must arrange themselves
in sympathy with the superincumbent weight of this
supply-be it real or artificial -and the market price
thus forced far below its natural and legitimate
level.
I need not occupy your time in demonstrating
that values are sympathetic, and that a continued low
price for speculative commodities means a low price
for all farm produce. You cannot obtain a dispropor-
tionately higher i)rice for pork than for the corn to
produce pork; neither can you expect corn to bring a
higher mai'ket price than wh.at, for wheat contains
more nutriment than corn, and the world prefers
wheaten to corn bread. In like manne.- vou cannot
expect your farms to have n.,u-e than a productive
value as based on the market price of their yield You
cannot gain on the one hand what you lose on the
aODERN SPECULATION. 16
Other. Close observation and economical cultivation
may, at times, have enabled you to produce specialties
at a profit, but sooner or later you have found even
these to sink to a basis of poor pay for hard work.
The same general disregard for the limits of prop-
erty, and the same carrying of fictitious stores, exists
in the cotton exchanges, and in fact in all branches of
the speculative exchange system.
I did not intend to go beyond the effect of mod
ern speculation on agricultural products, but I desire
to say a few words in regard to the possibilities in the
so called speculation in railroad stocks, for the rail-
roads are so closely connected with youi welfare that
you cannot ignore them in consid.'ring the subject of
abnormal influences on the prosperity of the country.
Now, if the shares of railroad stocks can be sold
in excess of the possibility of delivery, then it follows
that one can, while controlling the majority of shares
in any particular road -and with them the manage-
ment—make sales for future settlement to such an
extent that he becomes interested in destroying the
value of the property, as a means of making his con-
tract sales profitable. This may be done by breaking
freight or passenger rates; by defaulting interest; by
passing dividends: by stock watering; by extravagance
and poor service. After the termination of
his contracts of sale he may become a
buyer, and manage the property, with an
eye on the coming day when he can punish
those who have dared to sell short. You can see that
speculation, as it is known, furnishes greater induce-
ments to run railroads for the benefit of the specula-
tive interests of their managers than for the profit of
the stockholders, or for the accommodation of the
public. It would be unkind to intimate that any of
'i
■*«a»i
f/>
^^ MODERN SPECriLATlON. '
our great railroads are or hnv^ k
as an illastration. ^'''^ ''" ^"" ^^^^ ^rie
The Stock ExohangP of New YnrU v u
lative list Th^K. . .^ '^'^'^^^^c^tes on the specn-
«.e »,n '„, i:; 1 :;•■".;:■ »" -'--'^ ■•• -
changes,: He. "nZr "'T^ '"P"'""' "' ''- -
•--. an. ?i-\ to::: '^""^^"^^ '-• ^-'- -^,.0.
Plainly tha' Z Za^Ul TT •' "'^ ""^=" ^"^
behind the scenes a J ' '■"^^'' '^" ''"'"'"^' »« *-'"
yonrselve,s ,r .0 V-'"'"". ''" """■'"""• '"'"
leads yon to L^;\t/:;;: ::^;^;—--'n
the produces o\ '^'•'^;''»^'^^-^>^- be of benefit ro
I'louuceis or to any of the facfor« ^c i •••
eommerce-ves if v„„ ^ "'*^ '''"^rs of legitimate
. • ' y*" do not find Aforl».i... ij. i
tion a despot that ex-.r.t« , '">• -hole
vestiKation the r,*^^ :';::;;:/'-''"^ ''"'^ '"^ '■"-
and when vou havl." ^ '^"*^'""" '"■^i'^'' ""t.
in believi„r It he e"\ " •"" ""' ='-'^'^ ^-^" "-
all else to de t , ', ""T "" '"'"« "'"'- '"«"
into classef^savt ::•;"'' ^" '^'-'''^ '""' 1-ple
division vou are not the '""^'^'•'^-«"'l "'at in this
.>uu are not the masters.
If there is no remedv for th^ ^ j-
commercial (lise... -!"^''^ ^'^'^ ^^'^ eradication of this
«.. pan t :;:s ' : rrtr;':- " *"■■"" •■"
I" ;you Its insidious workings
MODERN SPECULATION. It
But there is a remedy. It is necessary, however, be-
fore explaining its nature that we thoroughly compre-
hend the disease.
I think you will concede that in some way it is
possible for the exchanges to violate commercial law,
or the fabulous figures, representing their transactions,
could have no existence. It is equally plain that
were there statute laws governing the peculiar busi
ness for the management of which the exchanges have
made their own laws, it would be i)alpably impossible
for them to set aside or to substitute such laws by
those of their ow n manufacture. The exchanges draw
their sustenance from the outsidf- world, and the mem-
bers of these organizations would be liable in actions
against them if, in ihe execution of contracts, they were
to disregard the exactions of law.
If this is so, it naturally follows that the enact-
ment of statute laws, defining what shall be legal con-
tracts for the sale of vouchers representing pioperty,
and making it necessary for the seller to deliver, or
tender these evidences of ownership in termination of
their sales, would draw a distinct line between the real
and the artificial, and put a stop to the so called sales
of billions of dollars worth of imaginary property, on
contracts that could not be legally terminated. Law
would thus take the place of rules, and the solid real-
ities of trade would occupy the position now held by
base imitations.
Such a law, to the legitimate buyers and sellers,
would not be embarrassing, for they are engaged in ac-
tual trade, controlling the means necessary for com-
pliance with its provisions. Legislation of this kind,
if attempted, will no doubt, by the exchanges, be
called hampering trade, but this I most emphatically
deny. It is legislation that every dealer ip the actual
18
MODERN SPECULATION
theg^in which has be IZtwi:: .r '''" *'"
and enrich the nation. '^^'''^ '" '«"^ ""^y grow
of .ht.'^ln!""'/"""' '^"'"- ^ *^«-"^'> ''™
of New To k dXVr" '"'"'""'^'^ '"^« '»>« «--te
Senate bm No ""l ^tr"\f T"" '^'"^ ^'"-
ni.ttee and on the floor of the Senate r I T'
body hravot^ ,.* m * , senate, ft passed that
an.1 Lf .1. ® ^^ ^^y importance to them
tion, ^ subject to your atten^
MODERN SPECULATION. 10
In meeting this question you cannot afford to meet
it as partisans; you must meet it with an undivided
front, demanding the greatest good to all.
Will you thus unite in demanding that there shall
be a law to regulate the buying and selling of your
produce '(
Will you insist upon lawful contracts, which, if
violated, can be enforced by courts that are open to
every citizen ?
Will you insist that property shall be necessary
in the speculation that establishes the standard of
value of your labor, your soil and its products ?
Will you demand that there shall be no more ar-
tificial expansion of the accumulated stores, and that
the rules of the exchanges shall no longer nullify the
laws of the land ^
If you answer yes, then I have not occupied your
time in vain, for you will rise in your might and be-
come masters of the situation. You are not alone the
sufferers, and when your strong arms shall have open-
ed the highway, an irresistible army will be seen
marching on demanding the same law for slave and
master; the same law for plutocrat and proletarian.
20
MODERN SPECULATION.
RESOLUTIONS.
At the close of this address the ara„ge teu.le.ed
a vote ol • thanks to Mr. Quick wh.ri the f„ll.,winf.
les )Iiitions uere unanin.onsly passed:
Whereas The dealings .„ the products „f „gricul,nral irKlusfv
u";!-2ebeit '"''' '"^ P™''-''- -'-tries of the .tate.
Resolved. TImt we demand of our Leuis|..,,.r„ .1,
surh laws a« will ^ 1 i^KisUluie the enaotuient of
8urn la«s as «,ll make prop.rty necessary in the tern.mation of .11
contracts l)ased on ceriifl,-^.... . . "^nnindtiori of all
. '"'*''*"'«*"l"«n<-'<'»."'- other evidence- of
property and we recon)mend for their fi.rth... • , ""^'"''^ "*
introduced in ifin'; ,1 , '"'^"^ ""^'*"'' '"nsideration the hill
J^ Wuspective value of any
shares of the capital sr.,ck of any corporation or o '
any property delivery whereof is to U. m,a. bv de
hvery ot written, or printed, or partly written" and
partly printed, certificates, receipts, aleptanlsl^.
ohe,^ evidences of title to or liability for the delivery
01 the property therein specified, made or issued b;
any person, partnership, or corporation having the .-us
tody, possession or control of such property, To deliver
MODERN SPECULATION. 21
at the time or during the day of the making of such
contract, surh certificates of shares, receipts, accept-
ances or other evidences of title to or liability for the
delivery of the property therein specified, or furnish
the buyer with the serial numbers and dates of such
certificates of shares, receipts, acceptances or other
evidences of title to or liability for the delivery of the
property therein specified, respecting which such con-
tract of sale is made, and which are to be delivered in
fulfillment of such contract. If no time is .specified in
such contract for the delivery of the thing sold, the
time for making such delivery, or for furnishing the
serial numbers and dates, shall be at the time, or dur-
ing the day of the making of the contract. Provided:
that, if by the terms of any written, or printed, or part-
ly written and partly printed contract of sale, delivery
of the thing sold and res])ecting which such contract
is made is fixed for some future time, the time for
making delivery of the same, «.r for furnishing the buy-
er with the number and dates as aforesaid, shall be at
the maturity of the contract, but not later.
Section 2— Neither party to any contract of sale
falling within the provisions of this act shall have
power to waive the delivery or identification of vouch-
ers by numbers and dates as specified in Section 1.
No evidence of any such waiver shall be admitted
upon any hearing or trial in an v suit or proceeding
upon any such contract, or in which any such contract
is in any manner involved, and no rul^. by-law, reso-
lution, or other action of any board, partnership, cor-
poration or other association shall waive or nullify
any of the provisions of this act.
Section 3— If any person, partnership, or corpora-
tion, making any contract of sale such as is specified
in the first section of this act, shall fail to comply with
22
MODERN SPECULATION
sm-H K,. ^ ^^ ^^ ^^y contract as afoiv
breach of contract. J^n^diction of actions for
memtrsnr"" ^""^ P''"'*'" "^ persons, member or
Inlf nf or. " **'^"'" '^'^n behalf, or on be
iialf of any person, co-partnership assooiat nn
poration, any contract of sale such asT ?■' """"
and specified in the fi.t JZ^^ th s ct'^r'
sell, repledge, or make anv new contr^nt f w ""
or pledge of any certiHeate ^f shares rln^ '"''
ances or other eviden<-es of ^5^1. , ^*'' '"'"'^P^-
nishirig the dates and numbers of th! . ^''"
in th^ «« ^ . """Jueis or tne same as direot^H
in the lirst section of this art tr.^ • ^ . directed
. «r cms act, knowingly give or use
MODERN SPECULATION. 23
any false, fictitious or fraudulent date or number, such
person or persons, member or members of any co part-
nership or association, officer or officers of any corpor-
ation, shall be guilty of a misdemeanor, and on con-
viction shall be sentenced for every such offense to
pay a fine not exceeding one thousand dollars and not
less than one hundred dollars, and be imprisoned for
any term not exceeding one year.
ANALYSIS OF THE BILL.
This bill has been submitted to lawyers of high
standing for legal criticism. It has been carefully ex-
amined also by experts in modern speculation as con-
ducted through the medium of the exchanges; and in
each instance, it has stood the test. In the following
analysis, nothing is assumed or stated that facts and
figures have not established beyond question.
The measure applies only to the purchase and sale
of stocks, elevator and ware-house receipts, pipe-line
certificates, or vouchers representing property, which
are to be delivered in lieu of the property itself.
SECTION ONE.
Provides that it shall be the duty of every person
* making any contract for the sale of any
shares of stock, or of any property delivery whereof is
to be made by delivery of written or printed certificates
* * * to deliver at the time, or during the day, such
certificates * * or furnish the buyer with the serial
numbers and dates of such certificates ^^ * for the
delivery of the property therein specified, respecting
which such contract of sale is made, and which are to
be delivered in fulfillment of such contract— or to be
more direct and pointed— to guarantee that the trans-
action is bona fide, a purchase and sale, with all the
* •»
1-* '
24 MODERN SPECULATION.
elements of legitimate business attached, and devoid
of every semblance of gamblins:
If by the terms of any contract, delivery is fixed
at a future time, the maturity of that contract shall be
governed by the same conditions as regular trans-
actions.
This reduces every transaction to a regular basis,
and brings every contract to a legal, busiuess termina-
tion. For, under the law, the seller may not expose
for sale a commodity that is not within either his pos-
session or control, and the buyer should be ready with
the means to p^.y for that commodity, without any
hope or design of settlinff differences by the aid of
•'Wash Sales" and clearing-house legerdemain.
SECTION TWO,
Provkies, That neither party to any contract of
sale ^ ^ * shall have power to waive any of the
provisions thereof relative to delivery or identification
of vouchers by members and dates. No evidence of
any such waiver shall be admitted upon any hearing
ortTiaHn any suit pending upon any such contract
and no rule, by-laws, resolution or other ac
tion of any board * ^ ^ «hall waive or nullifv any
of the provisions of this act.
Under this section, exchanges are brought under
the jurisdiction of courts so that members of such bod-
ies cannot evade the law of the land by acknowledg.
ing alone the authority of an exchange.
Why should a member of any exchange, organ
ized under the law of tlie land, possess more power
than a private citizen, both supposed to be dealing in
like commodities under equal laws?
Buy a thousand bushels of wheat of a farmer or
merchant, an absolute delivery is necessary to com-
plete the contract.
MODERN SPECULATION. 25
Buy a thousand bushels of wheat cf a member of
an exchange, you only get or pay the difference be-
tween to-day's market price and that of to-morrow.
There is nothing real in this latter transaction. If
the market goes in your favor, you get something for
nothing. You gain, some one else loses.
Two persons sow, one only reaps. The members
of the exchange annihilate the profits of production,
and in the end, after paying interest, exchange and the
hundred and one el ceteras, confiscation, poverty, and
the worst form of slavery must follow. Production has
to stand the drain and is relieved of none of its accumu-
lations or surplus. The system fosters a spirit of gam-
bling detrimental to good citizenship and creates an
army of idlers, "They toil not, neither do they spin,
and yet I say unto you that Solomon in all his glory
was not arrayed like one of these."
Liberty, in the formation of contracts, is not only
recognized, but substantially guaranteed by the pro-
visions of the bill. License— that miserable counter-
feit of liberty— when used to destroy honest barter, is
restricted in the first instance; and, if persisted in is
punished.
The courts are thrown open to the injured party,
where he may recover in an action at law, without
fearing the rules of the exchanges, or of being out-
lawed as a gambler.
Any one studying the history of the modern ex-
changes, and their legitimate offspring— "the Bucket-
Shop"— will appreciate the necessity of this measure,
which, after all, aims at nothing more than the resto-
ration of trade to its normal condition, upholding
honesty in the buying and selling of commodities, and
consigning the gambler and his vices to the fostering
care of an outraged law.
26
MODERN SPECULATION.
^
SECTION THREE, .
Provides, If any pejson making any contract of
sale, such as is specified in the first section of the act,
shall fail to comply with the requirements of the same,'
he shall thereupon become liable to the buyer for all
damage and injury sustained and suffered by said
buyer, by reason of such default. And if anv person,
making any contract of purchase, such as is ^specified
m the first section of the act, shall fail or refuse to
receive the certificates of shares or other evidences of
title to property therein si»ecified, bought under such
contract, when tendered in fulfillment of the same, he
shall become liable to pay the seller all loss, damage
and injury sustained by said seller, by reason of such
default. Any loss, damage or injury sustained or suf-
fered by either party, under any contract as aforesaid,
by reason of the failure, refusal or default of the other
party to the same, may be recovered by such injured
party in an action at law, to be sued for in any court
having jurisdiction of actions for breach of contract.
SECTION FOUR,
Provides, If any person or persons shall have
made by themselves or agents on their own be^half, or
on behalf of any co-partnership, any such contract or
sale as is mentioned and specified in the first section
of the act, shall re-sell or re-pledge or make any new
contract for the sale or pledge of any certificates of
shares or other evidence of property, such as are men-
tioned and described in the First Section of the act,
while any previous contract for the sale or pledge of
the same is in force or unexecuted, or shall, in furnish-
ing the dates and numbers of the same, as directed in
the First Section of this act, knowingly give or use
any false, fictitious or fraudulent date or number,
such person shall be guilty of a misdemeanor and on
MODERN SPECULATION. 27
conviction shall be sentenced, for every such offense,
to pay a fine not exceeding one thousand dollars and
not less than one hundred dollars, and be imprisoned
for any term not exceeding one year.
This section simply designates the punishment
for the violation of any of the provisions of the law,
against the possibility of duplicating sales, based up-
on the same unit of commodity, without first making
a delivery. In other words, the penalties herein des-
ignated will prevent the transformation of "wind'^ or
^ 'short" selling into bear arguments by the aid of
which, the laws of supply and demand are rendered
void and of no effect. Assuming this bill to have be-
came law, then the admonition to those in the trade is,
be honest in all your transactions, but, if you are not!
he who is injured by your gambling practices will, if
he knocks, find the courts open, and you if you be
guilty will find the prison open. A jury of vour peers
will determine what is justice in the premisis. The
issue is plain so that he who runs may read.
OBJECTIONS TO LEGISLATION.
The objections to Legislation that are worthy of
notice are confined to a narrow field, and may be brief-
ly stated:
First.— That the passage of laws regulating specu-
lation in any one State will drive business to some
other State where no such laws exist, and
Second. That speculation will be destroyed and
the surplus products thus thrown entirely on the hands
of the producers.
In meeting the first proposition it should be noted
that the proposed legislation does not in any way tend
to lay burdens on the buyers and sellers of actual
^'t^i'JT*
!•.■
ti
K
^^ MODERN SPECULATION.
property. Sellers with property at their command
can deliver the same; buyers for legitimate purposes
are prepared to accept their purchases. One havin-
vouchers for actual property would certainly not leave
a State in which the sales of property were protec.^d
in order to offer his wares in markets where their sub-
stance is of less consequence than their shadow; neith-
er would buyers for legitin.ate speculation seek mar-
kets where they could not enforce their contracts in
preference to buying where tlfere was a law for their
protection. It would be more logical to conclu.le
that the legitimate buyers and sellers would
seek to operate in those States where there were laws
enabling them to collect for damage on violated con-
tracts, and that commercial transaction."* would soon
be in the ascendency, relegating the operations of Ex-
changes under their own laws to pass to the rear ..f
those «ontroled by general laws to which all have the
right of appeal.
In reply to the second objection that speculation
will be destroyed, etc. :
It is clear that speculation, in the form that it has
ever performed a service to commerce, has been almost
if not quite destroyed and supplanted by systems un-
der which it cannot exist. All the evils pictured as a
result of the passage of law regulating contracts are
to-day a living reality by reason of the innovations on
speculation, and it is the aim of the legislation recom-
mended to clear the field for the growth of legitimate
speculation under the garb of which so much damage
has been inflicted on the industrial pursuits
*«>i ikrKT
mmr
MODERN SPECULATION.
CONCLUSION.
29
The direct effect of modern speculation on all
classes of produce has been to depress values until
there is little if any profit left for the producer; both
directly and indirectly to reduce the market price of
physicial labor to the lowest extreme, and to give over
the management of our railroads to those who manip-
ulate freight and passenger rates, dividends, ex-
penses, and net results and make their trusts second-
ary and subservient to their gambling ventures in the
exchanges.
By the sale of contracts maturing at future per-
iods at prices involving less expense than carrying
vouchers for property (as has been previously shown,)
contracts have become preferable to property, and tlie
latter is a constantly increasing burden. The realities
of trade are thus secondary to their imitation, and, a«
the sales of these realities establish prices, the super-
ior inducements offered for the puichase and sale of
the imitation, causes the genuine to take the lead
in a general and continued struggle for a lower
plane of values.
As a placer miner finds the wealth he seeks be-
neath the accumulation of worthless ujatter, so in the
speculative exchanges true values are constantly hid-
den by the fictitious, and this fictitious must of neces-
sity be removed before the concealed wealth can be
exposed to view.
The accumulation of the products of national in-
dustry has become the nation's curse. Industry and
thrift have brought a burden of poverty. Abundant
harvests have responded to the toil of the husband-
man, yet they have garnered who have not sown.
The continuation of modern speculation means
T/i
30 MODERN SPECULATION.
universal depression in trade; markets crowded with
pauper abor; lower rents and rates of interest; cur-
ailment of stored supplies for future demand; and
the connnerce of the nation monopolized by trust and
combinations of capital that force tribut.: and live in
opulence, while the masses are struggling for bread
able hope that the exchanges will run their c-ourse and
and ^.ait for the dawn of a m«re prosperous era but
unfortunately these parasites on comnLe can dr' w
Sr 'IT""Z 7 '"''' "' '''' ^"^^ ^^^ ''-^--^-d with
Hie The withdrawal of the public still leaves the
-changes to dictate the value of the real commodi:
les, and m their struggles to market their substitutes
he general decline will continue. A commercial revo-
lution IS necessary in order to eradicate the evil and
when this revolution comes no one engaged in legiti
mate trade, m production, or that has an hour s labor
to market, can be a disinterested spectator
MODERN SPECULATION.
31
EXCIIAN(^E IVOMENC LATURE.
For the information of those who desire to study
Modern Speculation through the exhaustive reports
furnished by the press, explanations of the most fa-
miliar terms are appended. It will be seen by this
brief glossary that new* words were, in many instances,
absolutely necessary for the proper classification of
transactions which have come into existence through
the exchanges, and because the vocabulary of the
English language was too limited to furnish terms
adequate to express such innovations.
. Bear.-One who sells that of which he is not possessed, and
exerts his influence in depressing prices in order that lie may extort
money from the purchaser by buying back at a lower price. One
interested in depressin^j values.
Bear the lHarket.-To bear is to pull or weigh down, the
market. To ojierate upon the market by stalling, or agreeing to' de-
liver that which the seller dws not possess; to lower prices by ab-
normal influences, false rumors, "wash" sales and the application of
devices for destroying values.
Bucket Shop.— An exchange on a small scale which makes
no pretense of buying, selling, carrying, borrowing or lending spec-
ulative vouchers, the value of which forms the base for their trans-
actions—gambling transactions for the margins involved.
The bucket shops obtain their quotations, and follow the general
methods of business practiced in the exchanges, but their transact-
ions are not concealed by any portion of actual business. The bucket
shops could not run without the exchanges.
Borrowing and Leiuliiitf.-When one sells short, the vac-
uum thus made is filled by borrotciny from the longs. The one buy-
ing long is also required to provide for carrying his purcjiases by
lending them to others. Every short must have an opposite long.
A short can be a borrower and not receive property, and a long can
become a lender without lending property. The one who has bought
^m^
n^rr
32 MODERN SPECULATION-.
fiuldl 'Z'\ 't"" °" "'" ""^ '"•" """""« -1 »"« vacuum is
filled, the short charging and the long paying for a service that is
ho sen ) " t' ''°''"'^' '"''"'""■'' ^'^" - ■* '- -"• in the
ornhan "'"■•• ^"-«'> '"e competition among short sellers
and transactions mvolving no property become preferable.
Bull.-An exchange term for one who wager, a margin, or
buys for speculative purposes without receiving and retiring his pur-
chases, .. e. agrees with the seller, called a "bear" or "shorf " to take
a certain amount of stocks or property at a future time at a stated
pnce:, fat that day the market price has advanced he receives the
difference; ,f it has declined he pays the differen... ,>„e interested
.n advancing prices is called a hull. To bull is to exert influence to
advance markets.
Bu,er'» Opllon.-The purchaser of ^buyers option, thirty,
sixty, or ninety days, can demand that the seller make delivery at
the price agreed upon, on any day within that time, or the buyer
e, . opHon ,s generally at a fra.tion above the cash price. This frac-
t^rmrn^7\"'' Prioes, if the seller held property with which to
erm mate his contract, would be the compensation for storage, in-
terest, insurance, etc.
Call Conlract.-An agreement giving the buyer the privilege
ofdemanding the delivery of property within a specified time at a
t ol fofiT' " T ' ""■ """^ ""''' P"^^ » ™--y -nsidera-
tionforthe privilege of eaW„,g, at an agreed price above market
quotations. If the call is not made the contract expires, an., the
buyer loses and the seller wins the stake or sum paid for the privi-
Carryln^.-When a broker is holding a purchase for a custom-
er, becoming responsible for the same until ordered to sell, he is said
to be earryrng for his customers account. The broker, in filling his
order, may have become a short seller, charging brokerage when
no purchase ,s made, and ma, afterwards collect for interest and
storage on the supposed property held, when there has been no pur-
chase or ca,^yi„g i„ the transaction. If property is bought and
left ina.broker's hands itcanbe loaned by him to the shortsln^nak-
mg de iveries, or for depressing the value of the property entrusted
to his care. Through the disregard for property in carryina the
greatest additions of the substitute for property are made
MODERN SPE(;ULATI<>N. 33
Corner.— When a combination of buyers purchase a larger
quantity of any article than is known to be in existence, and by
continued buying advance prices for the purpose of forcing the
short sellers to settle at figures that involve a loss to them, the shorts
ars said to be cornered. The principal object sought in a corner is to
force the shorts to settte at a loss. There can be no comer when
there is no short interest.
Exchange.— An association of a limited number of persons
usually incorporated under the laws of a State, for the purpose of
dealmg in stocks and the products of land and labor. Through the
adoption of rules and by-laws for the government of the members
and transactions in the exchanges, the so-called contracts are not
regulated by law, nor have the parties to them any legal remedies
The great majority of transactions in the exchanges, being based on
margins and settlement of diflFerences through clearing-houses, are
gambling wagers upon the rise and fall of market quotations, and
lack the requisites of legal contracts in that they do not contem-
plate the purchase sale and delivery of actual property for an actual
price paid.
Flyer.-When one not a regular operator makes a gambling
venture on margins, or through the exchanges, he is said to take a
flyer.
Future8.-Buyers' and sellers' options. Speculative agree-
ments that terminate at a future time.
Forced quotatloni.-Qnotations are said to be forced when
two parties, with a mutual understanding, make fictitious transac-
tions above or below the market for the purpose of affecting values
See "Washing" and "Matching."
I.amb8.-The outsiders who contribute, by margins and other-
wise, to the support of the exchanges. Those that have not had ex-
perience in operating in the exchange.
Long.-When a buyer has purchased on tiaue, or leaves his
purchases to be carried by his broker, he is said to be long. The op-
posite of "Short.- One not having possession of his purchases
Hargin.- A sum of money pledged by a person operating through
a broker, or in a bucket shop or exchange, as security to provide for
his losses on adverse changes in the market quotations. Usually the
stake put up at the time of making the wager; the amount lost or
won on exchange speculative transactions.
Match Orders or matching.-Orders to buy and sell
that offset each other. Giving one broker an order to sell and an
other an order to buy an equal amount; one transaction cancels the
other and the one giving the order, in effect, neither buys nor sells
'ai'iiiiiii"
,^,„^
■AMMMIi^
-~ t kptioii».— Agreements which give the sellers the
ojition to deliver at any time prior to a fixed date, at a price named,
and the buyer is required to receive the stocks or property tendered,
or settle differences. A sellers' option for any month terminates on
the last business day of that month.
Shorl. To Sell Short,— In the sale of stocks, cotton, grain,
etc., to sell short is to agree to deliver what one is not possessed of.
Short transactions are a stumbling block to beginners; the science
of selling what one does not have, and yet make money by the c»per-
ation, is a species of metaphysics which comes only with education.
Short is the opposite of "Long.'"
Stratldle.— An agreement which gives the holder the privilege
of either calling or puttmg at the same price, to the other party, the
nominal seller or buyer, within a certain time. If neither privilege
is exercised the stake is lost by the holder of the privilege.
Suekers.— Parties who are induced to operate in the exchanges
by reason of false reports, and exaggerations. When a poo] or oper-
ator, sets a bait for the outsiders, those who bite are said to be suck-
ers.
WaMliiiijf.— A purchase and sale previously agreed upon. One
broker or operator buys what another offers for sale at an agreed
price. The bargain is fictitious, not even margins being at stake,
yet the effect is to establish quotations and furnish a basis for other
^uuK'li^iKii^i't^;^
GAYLAMOUNT
PAMPHLET BINDER
Manufoctured by
GAYLORO BROS. Inc.
SyrocuM, N.Y.
Stockton, Cotif .
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