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"THE MARKETS:
NATIONALIZATION OR CENTRALIZATION"
THE OPENING PAGES OF THIS SPEECH AND OTHERS,
GIVING A PERSONAL IMPRESSION OF RAY GARRETT, JR., HAVE BEEN
GRACIOUSLY PROVIDED BY HARVEY L. PITT.
An
Address by
Ray Garrett, Jr., Chairman
Securities and Exchange Commission
Presented
before
THE NEW
YORK CHAMBER OF COMMERCE AND INDUSTRY
Hotel Commodore
March 20, 1975
New York City
When
I became Chairman of the SEC, my family wondered what they
were now supposed to call me, at least in public. When Henry
Kissinger was asked this question after becoming Secretary
of State, he was quick enough to respond., "Just call
me Excellency." I was not. Instead I said, somberly,
that I did not believe there was any law on the subject, but
that the custom was to address all SEC Commissioners and similar
government officials as "Honorable." I could have
eadsily forgiven them a little whimsy on receiving this information.
But the degree of their amusement was wholly uncalled for.
As I tried to explain, the appellation is at best an expression
of presumption and hope, and the user is not under oath.
The
origins of this "honorable" business seem obscure,
but I presume it was carried over from the judiciary, where
it had been used from the time when the memory of man runneth
not to the contrary. Unfortunately, it has not been carried
over all the way. Trial laawyers d not seem to be able to
phrase any legal argument without beginning, "Your honor
...." whether or not they re addressing a judge. The
rest of us find this pretty tedious, but maybe it is a desirable
habit or at least one with protective features. I do not know
whether judges get pleasure from being constantly "your-honored,"
but at critical moments, they might get marked displeasure
from not being. In any event, this does not happen to me or,
I presume, other non-judicial government officials.
Wherever
we got the term, we apply it so broadly that it lacks distinction
and reflects poorly on our collective imagination. years ago,
I read a delightful piece by some English writer attacking
this subject. It was his thesis that the titles of civil officials
in the Unitd Kingdom, as well as here, were colorless, and
he thought we might borrow from the customs of the Church
of England, which has "right reverends," "very
right reverends," "most reverends," and so
on. Or from other sectors of English official life, where
the mayhor of a village is "His Worshiip" but the
mayor of a city is "The Right Worshipful." (I wonder
if Mayor Daley knows about that.) This has possibilities.
We could have "The Right Regulatory Mr. Pollack,"
"The Most Meticulous Mr. Loomis," and so on.
Incidentally,
I hope I have the rank right. I assume that "The Most"
ranks "The Right," since seniority is very important
to us. Without rigid adherence to the principle of seniority
we would not know where to sit or in what order we should
walk into a room, and there would be confusion and bafflement
over who should assume the chores of presiding in the absence
of the Chairman.
I
should hasten to add that seniority has nothing to do with
the weight given to our respective views. That is governed
by more substantive factors, such as persistency, pig-headedness,
and vocal power.
Returning
to the matter of forms of address, however, I have never before
pursued the subject in public, because it present certain
dangers, and the search for accuracy might tempt some of our
friends. For example, I might get introduced as "The
Most Dilatory Mr. Garrtett," or something worse. So I
am not sure that I want to contribute to the further weakening
of the foundations of the Republic by inviting this sort of
disrespect for government officials. We have enough of other
sorts of disrespect. But speculating about the idea for awhile
serves more or to some things I would like to say about the
Commission and its relation to our capital markets.
First
of all, as one of the independent Federal regulatory agencies,
we re included in the current attack on regulation as an approprate
governmental response to the problems of modern business.
It was surely inevitable that the time wuld come for a revisionist
approach to the whole idea.
We
and our fellow creatures of the New Deal have always been
subject to particular attacks from tie to time, either for
challenges to policies being followed or suspected venality.
Sometimes these have been healthy and needed correctives.
The rules governing our formal procedures have been the subject
of virtually continuous study, there being a permanent Administrative
Conference concerned with these matters. Our combined functions
of legislation, ajudication, and administration, cause us
to occupy a curious niche in our Constitutional structure
-- not clearly and for all purpose part of any one of our
classical three branches of government -- and the search or
struggle for a clearer definition of our proper slot in the
scheme of things has been a recurrent reason for attention.
The
present challenge, at least in some quarters, is broader and
more fundamental. Regulation in general is being suspected
as an undesirable encrustation upon our economy, doing more
hrm than good by stifling competition, protecting inefficiency,
and generally contributing to inflation, not just through
rate-making policies, but by adding significantly to the cost
of doing business. There have, of course, always been business
executives who have held these views. For them to beome widespread
in o ther circles, however, is new. It sometimes seems to
be mostly function of time and generations. Just as revisionist
history or major wars requires a generation of young historians
who have no memory of the conflict, a revisionist view of
the regulatory apparatus which, though not invented by the
New Deal, achieved its present prominence during those days,
requires a certain lapse or absence or memory of the propblems
regulation was intended to solve. As the old evils fade from
memory, the defects o the solution loom larger. Someone recently
wrote, nothing helps nostalgiaa like a good wine and a bad
memory. I would not accuse those who are rediscovering Adam
Smith and the benefits of competition of indulging in good
wine, but memories need refreshing from time to time....
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