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108 DON T BLAME THE SHORTS
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Naturally, in this environment of hysteria, prices adjust more slowly to new negative information As a result of this slower adjustment, market makers tend to lose more to the remaining informed traders In order to protect themselves from these informed traders, market makers must set wider bid-ask spreads 19 Liquidity dried up as market makers who did not see short order flow were exposed to more risk Ultimately, this shrunk trading volume and discouraged market participation as the bid-ask spread skyrocketed The request for verification that the lender of his securities was aware that they were being borrowed was a price shock to the securities lending market
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The price of shorting went up at the beginning of April 1932, and the quantity of shorting fell sharply as well the cost of maintaining a short position rose considerably at the start of April some shorts decided to exit their positions or avoid taking new ones20
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The shock was not one of price, but that floor brokers who could once borrow stock for free defended their spread through passed-on cost The reaction was the same then as it is today: find an arcane way to limit shorting rather than address how to make the marketplace fair for both sides The written authorization rule led to higher premiums for borrowing stock, but these premiums did not last for long, however, as the price system worked its usual magic High lending fees made more shares available for lending The increase in the cost of shorting induced many to cover their shorts, reducing shorting demand Within two weeks, conditions in the securities lending market had returned to normal 21
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The Senate Tries Again with the Pecora Commission 109
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The problem with the short sellers was that they were perceived as the antagonist thwarting Frederick Jackson Turner and Williams Jennings Bryan s monocausal view of the world They represented the one financial instrument that could explain away the destructive effects of trusts, corporations, and holding companies without the fear of attacking an owner of production or landed stakeholder Squeezing, attacking, regulating, outing, and skewering the shorts was attractive and facilitated by the fact that they have no legal standing; they do not own anything, other than cash proceeds from the short sale, and they don t parley with boards of directors Shorts are not traditional stakeholders, and their economic strategy is very straightforward: stocks fall, and the shareholder, employee, and management suffer while speculators whom many imagine to be allpowerful and manipulative profit There are no interlocking directorships, complicated financial products, or financial systems to explain Only the asymmetric, zero-sum nature of shorting needs to be understood to attack it Short selling had been discouraged, but the association of concentrated power and seemingly seamy wealth made speculators and the firms that shorted stocks on Wall Street an easy target for the New Deal Step by step the stockholder is being disenfranchised by the coordination of trade or industrywide coordinating groups, which was more subtle but just as effective as some of the trusts that previous committees/commissions were looking for22 The NYSE went after short selling to protect itself from federal regulation, and the Exchange s chief defender was the not yet disgraced Dick Whitney The New York Stock Exchange, a leader in the attempt to defeat securities legislation, took an even more active part as the unrelenting spearhead of opposition to legislation regulating the stock exchanges of the nation 23
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110 DON T BLAME THE SHORTS
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The NYSE did not immediately accept the idea of regulation In fact, the Exchange fought it Hard Early in 1934, after facing down many of the senators now calling for regulation of not only short sales but also the entire Exchange, Whitney called the Exchange a perfect institution and rejected the idea that the government should regulate the securities business 24 This was just as it is today, with Wall Street fighting a Federal Reserve and Treasury move to federally regulate Exchange-cleared and Exchange-traded products for credit default swaps an insurance product with no clear, outright regulator to protect profits and margin Also like today, an investigation into short selling had produced little except Washington chasing the same old phantom of rumormongering and trying to define abusive short selling A clear pattern emerged from the congressional investigations of shorting in the 1930s But the investigations into the machinations of Wall Street s leading firms were legitimate, so the government saw an opening to expand federal power with the creation of the Securities and Exchange Commission in 1934, which gave it regulatory power over much of the capital markets One way to get Wall Street off balance enough for the government to stick a regulatory nose into the tent was by stoking the public s emotion over shorting FDR handed the commisson over to Joseph Kennedy, the famous speculator and bootlegger, who saw to it that finance would not be driven by the head of the NYSE or 23 Wall Street, but by federal fiat He understood that private financial influence would ebb and regulatory control would flourish Kennedy represented what both Hamilton and Jefferson feared in the moneyed elite Jefferson feared that the moneyed interest would be counterrevolutionaries, would betray the ideals of the republic, and
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