Edison to Enron: Energy Markets and Political Strategies
Book 2 Internet Appendices Chapter 5: Plummet and Ruin (1930—38)
5.1 Insull’s Blind Spot: Business-as-UsualSamuel Insull was the perennial optimist, having worked his way out of tight spots and scoring success after business success. Here is a sampling of quotations of his über-optimism:
And in first quarter 1930, with the Depression nearing a half year, Insull said:
In October, Insull reported: “On the whole, the Insull group of properties will show reasonably good balance sheets for 1930” (October 12, 1930: 4). He added: “Speaking from my own experience in the operation of the properties of the sol-called Insull group, I have the greatest confidence that the conservatively financed utilities the country over will weather the present business depression with great credit to themselves and satisfaction to their owners” (October 12, 1930: 5). Insull was clearly a victim of the Great Depression, an event that went longer than just about anyone expected. As he stated in retrospect:
5.2 Insull ConfessionsIn early 1929 he told the ladies of the Women’s Information Committee: “That is the trouble we all have to look for, not to get too high an estimate of one’s own capacity.” (January 10, 1929: 5). In the same talk, he recounted how getting fired “took the conceit out of me.” (4) But did it? A year later, he said in regard to the stock market correction: “When people as a whole lose their heads and their sense of proportion so far as values are concerned, they are just as much found to come a cropper financially as they are if they lose their heads in business and get a tumble for the top to the bottom. I think most of us largely lost our heads, and we have been trying to get ourselves in hand ever since.” (January 8, 1930: 5) Regarding his poor relations with the New York financial community:
In his trial testimony, he referred to his total reliance on Chicago as “one of my great mistakes,” adding:
Insull referred to the buyout of Cyrus Eaton where he thought he had local financing but ended up having to rely on New York interests as “a very decided mistake,” explaining:
Insull also regretted staying on too long:
5.3 Why Pyramiding?Why did Insull, so late in his career, create one, then two, investment holding companies that were a pyramid upon his ownership in his major companies? Insull, after all, had once deprecated the practice. There were several reasons, some unsophisticated and others more sophisticated. Less sophisticated: “You know, just about that time, it was quite the fashion to organize investment companies, so I claim no originality for the act” (May 12, 1930: 22). There was the family reason: “in order to provide for continuity of management in these great prospects for which I am responsible at this time” (May 12, 1930: 23). He was careful to note the fairness of inside and outside investors: “Sitting around the table with my brother and my son, we were careful to put in our securities at very considerably below the market price… We do not ask [others] to go in on any other basis than the basis upon which we go in ourselves” (May 12, 1930: 23). The object of IUI and CSCC was to buy and hold stock (“permanent lodgment,” as Insull put it) in the Big Four: Commonwealth Edison, Peoples Gas, Middle West Utilities, and Public Service Company of Northern Illinois.
An exchange with one small investor was also revealing (February 17, 1930: 14).
The trusts were not for speculative, in-and-out investing:
5.4 The “Morgan Conspiracy” TheoryAccording to Forrest McDonald’s biography, Insull was brought down not by his own shortcomings but by the deliberate action of the House of Morgan. Yes, Insull had made mistakes, but they would not have been fatal had the Morgan bankers not exploited them in order to crush Insull. The motive for crushing him, according to McDonald, was an attempt to monopolize the nation’s utilities.
Obviously, any such monopoly would have to absorb Insull’s empire. “Standing outside [the Morgan empire] were three major groups and a handful of minor ones. The major groups were the Insull group, the Byllesby (Standard Gas and Electric) group, and the Doherty (Cities Service) group. By the middle of 1928 the latter two had ceased to count” (ibid.: 250). In McDonald’s telling, the House of Morgan acquired the weapon needed to crush Insull as the result of Insull’s purchase of Cyrus Eaton’s stock. Illinois insurance man Donald R. McLennan had urged Insull to buy the stock and had assured him that Continental Bank would finance the purchase. “Then after Insull had agreed to buy . . . it developed that the Continental could not finance the entire purchase, not could other Chicago banks” (McDonald: 289). Insull was compelled to borrow $20 million from the New York bankers whom he had long shunned and even scorned (ibid.). As collateral, the New York banks took voting stock in Insull’s two investment trusts: the Insull Utilities Investment Company and the Corporation Securities Company of Chicago. This meant that, if they could drive down the price of those two stocks, they could demand ever more collateral against their loan—in the form of ever more voting stock. And that was precisely what they proceeded to do, according to McDonald. Fighting to keep the stock up was Fred Scheel, “Insull’s security salesman par excellence.” (ibid.: 292). But then in September 1931, England went off the gold standard and the stock market collapsed. The Dow Jones Industrial Average lost nearly 31 percent, with this month (November 2011) being the worst in the entire history of the Dow Jones Industrial Average. “From Christmas, 1931, onward, the New York bankers were in the saddle” (McDonald: 295—96). Yet instead of using their voting control to simply taking over the Insull companies, the bankers first wished to strip Insull of his hometown reputation, so that they might appear in the form of corporate rescuers rather than raiders. To that end, they forced Insull to accept an auditor (Arthur Andersen & Co.) who changed his companies’ accounting method from the one customarily used by utilities (a retirement reserve system) to one used by industry (a straight-line depreciation system). By means of that simple bookkeeping switch, the auditors rendered Middle West Utilities insolvent and indeed proclaimed that it was “a worthless pile of paper” that had never made a profit. Such apparent malfeasance, opined McDonald, “provided the New York bankers with an excuse for anything they chose to do” (ibid.: 297). What they chose to do, in April 1932, was refuse to renew a $10 million note of Middle West Utilities, sending it into receivership. The end came two months later. Three of the operating companies had, jointly, some $60 million in notes coming due. The New York bankers, according to McDonald, persuaded the Insull companies’ outside directors to demand Insull’s resignation on the argument that such a large amount of credit would not be forthcoming with Insull still in charge (ibid.: 302). Stanley Field confronted Insull with the demand, and Insull resigned on June 6, 1932. Is McDonald right about Insull’s destruction at the hands of the Morgan banks? Most reviewers of his book thought not. Otis Pease, writing in the Pacific Northwest Quarterly, asked: “Was not Wall Street really more right than wrong to withhold further credit from a man whose judgment had already proven faulty, but who still insisted he could cope with an economic crisis plainly beyond his own power to solve?” (Pease: 176). Another dissenter was Ralph Hidy, editor of the Harvard Studies in Business History (1962—1971) and theBusiness History Review (1962—1955). Hidy reviewed McDonald’s Insull for the Journal of Economic History in 1963, and, as regards the great Morgan conspiracy, he saw a power struggle, not a conspiracy, writing: “That Insull was a pawn in a fight for power between Chicago’s investment bankers led by Halsey, Stuart & Company, and New York’s group led by Morgan & Company, the biographer apparently never perceives” (Hidy: 372). The distinguished business historian Alfred D. Chandler Jr. also rejected McDonald’s interpretation, saying that “[McDonald’s] story of Insull’s downfall would have been more believable if he had given the depression and the inherent structure of utility holding companies more, and the bankers less, credit for Insull’s fall. After all, in the spring of 1932 the bankers had a great deal more to think about than breaking Insull” (Chandler: 146). Reviewers, of course, have not nearly as much information to interpret as the authors of the books they review. Thus, whether McDonald’s theory of a Morgan conspiracy stands up to historical analysis will not be determined until another eminent historian revisits the question of Insull’s rise and fall in light of the House of Morgan. 5.5 Insull’s File BiographyThe following official biography of Samuel dates from the mid-1920s and is contained in Loyola University of Chicago Archives (Samuel Insull Papers, 1799—1970. Box 73. Folder 3).
5.6 Insull, the New Deal, and Judge WilkersonJudge James Herbert Wilkerson, the presiding judge at Samuel Insull’s first and greatest trial, likely played a far greater role in the resulting verdict of “not guilty” than Insull biographer Forrest McDonald’s view of the judge as neutral implies. During the trial, Wilkerson made four key rulings (Bradley: 207, 209, 213). Scholars and lawyers may argue about whether his rulings were justified legally, but the fact is that all favored the defense. McDonald, however, fails to note that Wilkerson had personal reasons to favor the defense, and his discussion therefore stretches to find other explanations. For example, to explain Wilkerson’s key pro-defense ruling (allowing Insull to tell his whole rags-to-riches story), McDonald says “Wilkerson himself was so wrapped up in the story that he waved aside [the prosecution’s] objections” (McDonald: 330—31). That is unlikely. As a member of Chicago’s professional class for forty years, and a chairman of Illinois’ Public Utilities Commission for two years (1919—21), Wilkerson surely knew Insull well and knew the Insull story. He wanted the jury to know it, and well. Wilkerson is mentioned just two times by McDonald, and his chairmanship of the state Public Utilities Commission is not one of them. Wilkerson is mentioned as the judge at Insull’s trial, and, without any connection by McDonald, he is earlier (p. 258) mentioned as the federal judge who in 1928 set up a panel of distinguished Chicago citizens to study the city’s transportation situation. What came out of his committee was: “a plan almost identical to the one proposed earlier by Insull” (McDonald: 258). Moreover, “carrying out the plan involved giving a blank check . . . to Samuel Insull” (ibid.: 259). No less important, one group was vehemently opposed to the plan of the judge’s committee: “a group of intellectuals and perennially unsuccessful reformers” (ibid.). Among these were “Harold L. Ickes, whose antipathy for Insull dated from Insull’s refusal to give him an important job with the State Council of Defense, and Donald Richberg, whose antipathy to Insull dated from his run-in with Insull in the rate suit against Peoples Gas Company” (ibid.). In 1932, Insull enemies Richberg and Ickes became advisors to presidential candidate Franklin D. Roosevelt, and Roosevelt made their old enemy Insull a principal target in his campaign. When Roosevelt won, Ickes became Secretary of the Interior, and Richberg rose to such power that he was dubbed “the assistant president” (Bradley: 197). Two years later, Judge Wilkerson would preside over the New Deal’s showcase trial against Insull. The question must be asked: How could Judge Wilkerson’s earlier encounter with these two opposed forces not have shaped his perceptions of them? Indeed, following their 1928 encounter in the matter of Chicago’s traction system, Wilkerson acquired infinitely more reason to dislike Donald Richberg. In 1922, Wilkerson had issued an injunction against a national strike by several railroad unions, and the unions never forgot it. Neither did their lawyer in the dispute, Donald Richberg (Vadney: 93). In January 1932, two and a half months after Wilkerson had sentenced Al Capone to prison, President Hoover nominated Wilkerson to the Seventh Circuit Court of Appeals (“Hoover Names Wilkerson to Appeal Court”). But despite his hero status in Chicago, Wilkerson was strongly opposed by Richberg when he came up for Senate confirmation (Vadney: 93). Apart from rehashing the old anti-labor charge, Richberg said that “Federal Judge James H. Wilkerson was party to a scheme to ‘deliver the people’s traction rights to the Insull interests’” (“Richberg Tries New Attack to Bar Wilkerson”). Richberg’s campaign against Wilkerson was successful. With bitter reluctance, on December 1, 1932, Wilkerson asked President Hoover not to resubmit his nomination to the Senate, and he returned to his district court seat, from which perch he presided over the Insull trial (Hoover). Under the circumstances, Judge Wilkerson was not likely to be stampeded by the New Deal’s 1934 prosecution of Samuel Insull, the arch-enemy of both Donald Richberg and Harold Ickes. Indeed, if he needed a more recent motive, just months before the trial opened, the Chicago Tribune reported on page one (May 25, 1934) that U.S. Congressman James Simpson Jr. of Illinois claimed “Secretary of the Interior Harold Ickes is bringing pressure on the house judiciary committee in an effort to force the impeachment of Judge James H. Wilkerson” (“Charges Ickes …”). One can only speculate on Wilkerson’s objectivity or lack thereof. But we know for sure that he influenced the trial in four ways favorable to the defense, each of which is described in Edison to Enron (Bradley: 207, 209, 213). 5.7 Government Depression and Antidepression Policy and Insull’s CollapseGovernment intervention fostered an artificial boom in the 1920s that necessitated the painful contraction of late 1929 forward. As explained by Austrian-school economists (F. A. Hayek, Ludwig von Mises, Gottfried Haberler, and Lionel Robbins), inflationary monetary policy by the Federal Reserve Bank (est. 1913) fostered an unsound business boom in the 1920s (Ebeling: 206—212; 229—233). Easy money meant good times for practically all. With the onset of the Great Depression, President Herbert Hoover tragically resorted to government intervention, not to mention government suasion (see chapter 5, Ebeling: 183—84). Economist Steve Horwitz identified Hoover, not FDR, as “the father of the New Deal”:
FDR then added intervention to intervention in the vain quest to engineer recovery. Government do-nothing or do-little policy which had ended previous U.S. downturns—such as that in 1920—21—went untried (Ebeling: 207—208). Forrest McDonald noted, in the case of Chicago and Great Man Insull:
McDonald also relates the story of how the head of Continental Bank offered to lend the Insulls more than the legal limit by inviting the Insulls to create a new corporation (278). “Insull had such good credit that the financial community caught its breath in time to snap up virtually every issue,” noted John Hogan in his history of Commonwealth Edison Company (151). This turned out to be bad for Insull and the general economy when boom turned to bust. Bibliography: Chapter 5 Internet Appendices Berry, Burton. Notes from Insull Conversations (copyright 1962 Samuel Insull Jr.). Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 17. Folder 2. Bradley, Robert L., Junior. Edison to Enron: Energy Markets and Political Strategies. Salem, MA: Scriveneer Publishing, 2011. Chandler, Alfred D., Jr. Review of Insull. The Mississippi Valley Historical Review 50, no. 1 (June 1963): 144—47. “Charges Ickes Behind Move to Oust Wilkerson,” Chicago Tribune, May 25, 1934. Cudahy, Richard, and William Henderson. “From Insull to Enron: Corporate (Re)Regulation After the Rise and Fall of Two Energy Icons.” Energy Law Journal, Vol. 26, No. 1, 35—110. Ebeling, Richard. Political Economy, Public Policy, and Monetary Economics: Ludwig von Mises and the Austrian Tradition. New York: Routledge, 2010. Hidy, Ralph. Review of Insull. Journal of Economic History 23: 371—73. McDonald, Forrest. Insull. Chicago, IL: University of Chicago, 1962. Hogan, John. A Spirit Capable: The Story of Commonwealth Edison. Chicago: Mobium Press, 1986. Hoover, Herbert. “Letter to Judge James H. Wilkerson Accepting His Request Not To Resubmit His Nomination to the Seventh Circuit Court of Appeals,” December 6, 1932. www.presidency.ucsb. edu/ws/index.php?pid= 23375 “Hoover Names Wilkerson to Appeal Court,” Chicago Tribune, January 13, 1932.) Horwitz, Stephen. “Herbert Hoover: Father of the New Deal,” Cato Briefing Paper, September 29, 2011, athttp://www.cato.org/pub_display.php?pub_id=13719. Insull, Samuel. Address of Samuel Insull to the Women’s Information Committee Meeting, Chicago, Illinois. January 10, 1929. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 22. Folder 3. (1929a) ———. Address of Samuel Insull at the Annual Meeting of Stockholders, Commonwealth Edison Company, February 25, 1929. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 22. Folder 3. (1929b) ———.. Address of Samuel Insull to the Edison Club, Chicago, Illinois. January 8, 1930. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 22. Folder 4. (1930a) ———. . Address of Samuel Insull to Annual Meeting of Stockholders, Insull Utility Investments, Chicago, Illinois. February 17, 1930. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 53. Folder 3. (1930b) ———. Address of Samuel Insull at the Annual Banquet of the Chicago Stock Exchange, May 12, 1930. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 22. Folder 4. (1930c) ———. Press release. October 12, 1930. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 49. Folder 1. (1930d) ———. . “Transcript of Questionnaire of Mr. Samuel Insull, Corporation Securities Co. Directors’ Suit, 1937. Loyola University Chicago Archives and Special Collections. Samuel Insull Papers, 1799—1970. Box 52. Folder 11. McDonald, Forrest. Insull. Chicago: University of Chicago Press, 1962. Pease, Otis. “Portrait of a Gaudy Tycoon.” Pacific Northwest Quarterly 54, no. 3 (October 1963): 174—76. “Richberg Tries New Attack to Bar Wilkerson,” Chicago Tribune, May 7, 1932. United States vs. Insull et al., Vol. IV, pp. 3632—4932 (October/November 1934). Vadney, Thomas A. The Wayward Liberal: A Political Biography of Donald Richberg Lexington: The University Press of Kentucky, 1970. |