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Private Cops on the Fraud Beat: The Limits of American Business Self-Regulation, 1895-1932
Published online by Cambridge University Press: 14 April 2011
Abstract
From the late 1890s through the 1920s, a new set of nonprofit, business-funded organizations spearheaded an American campaign against commercial duplicity. These new organizations shaped the legal terrain of fraud, built massive public-education campaigns, and created a private law-enforcement capacity to rival that of the federal government. Largely born out of a desire among business elites to fend off proposals for extensive regulatory oversight of commercial speech, the antifraud crusade grew into a social movement that was influenced by prevailing ideas about social hygiene and emerging techniques of private governance. This initiative highlighted some enduring strengths of business self-regulation, such as agility in responding to regulatory problems; it also revealed a key weakness, which was the tendency to overlook deceptive marketing when practiced by firms that were members of the business establishment.
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- Business History Review , Volume 83 , Issue 1: A Special Issue on Scandals and Panics , Spring 2009 , pp. 113 - 160
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- Copyright © Harvard Business School 2009
References
1 For typical notices of the previous week's radio fraud topics in the summer of 1933, see Dallas Better Business Bureau, Bulletin, 28 July 1933, New York Stock Exchange Archives, New York City.
2 Bullock, Steven C., “A Mumper among the Gentle: Tom Bell, Colonial Confidence Man,” William & Mary Quarterly, 3rd ser., 55 (1998): 231–58;CrossRefGoogle ScholarYoung, James Harvey, The Toadstool Millionaires: A Social History of Patent Medicines before Federal Regulation (Princeton, 1961);Google ScholarOlegario, Rowena, A Culture of Credit: Embedding Trust and Transparency in American Business (Cambridge, Mass., 2006);CrossRefGoogle ScholarPlazak, Dan, A Hole in the Ground with a Liar at the Top: Fraud and Deceit in the Golden Age of American Mining (Salt Lake City, 2006);Google ScholarMihm, Stephen, A Nation of Counterfeiters: Capitalists, Con Men, and the Making of the United States (Cambridge, Mass., 2007).CrossRefGoogle Scholar
3 On the growing sophistication of early twentieth-century American advertising, see Stephen Fox, The Mirror Makers: A History of Advertising and Its Creators (New York, 1984);Google ScholarMarchand, Roland, Advertising the American Dream: Making Way for Modernity, 1920– 1940 (Berkeley, 1985);Google ScholarLaird, Pamela, Advertising Progress: American Business and the Rise of Consumer Marketing (Baltimore, 1998);Google ScholarStole, Inger, Advertising on Trial: Consumer Activism and Corporate Public Relations in the 1930s (Urbana, 2006).Google Scholar
4 To be clear about the nature of this part of the argument—I do not wish to challenge the relevance of these more venerable depictions of business-government relations for a number of important policy contexts, as laid out in leading works such as the following: Wiebe, Robert, Businessmen and Reform: A Study of the Progressive Movement (Cambridge, Mass., 1962);Google ScholarKolko, Gabriel, The Triumph of Conservatism: A Reinterpretation of American History, 1900–1916 (New York, 1963);Google ScholarHawley, Ellis, The Great War and the Search for a Modern Order: A History of the American People and Their Institutions, 1917–1933 (New York, 1979);Google ScholarKeller, Morton, Regulating a New Economy: Public Policy and Economic Change in America, 1900–1933 (Cambridge, Mass., 1990). Pivotal business interests in the early twentieth century did frequently and vociferously oppose regulatory action, especially with regard to labor conditions; they did, especially after the cooperative experience of World War I, and including in the area of commercial speech, frequently seek government assistance in facilitating industrywide standard setting; they did sometimes fervently desire governmental regulation, as in the case of the creation of the Federal Reserve or the tweaking of transportation rate regulations, or the imposition of federal oversight over food and drugs sold in interstate commerce. In addition, the capacious domain of “business” almost always contained fault lines, as particular industries and firms took different sides of particular regulatory issues. I seek not a new framework for “lumping,” but rather some additional “splitting,” both about regulatory aspirations and the extent to which they bore institutional fruit.Google Scholar
5 For an extremely useful exploration of the concept of bureaucratic autonomy by a historically minded political scientist, see Daniel Carpenter, The Forging of Bureaucratic Autonomy: Reputations, Networks, and Policy Innovation in Executive Agencies, 1862–1928 (Princeton, 2001). Although Carpenter develops this conceptual framework with regard to governmental agencies, it is applicable to nongovernmental organizations as well.Google Scholar
6 A sample of fraud cost estimates includes: “Why “Blue Sky’ Laws Are Needed,” Indianapolis Times, 11 Dec. 1923, in Seymour Cromwell Scrapbooks, vol. 2, New York Stock Exchange Archives; “Financial Crime Loss Is Three Billions Yearly,” New York Times, 6 July 1924, H5;Google Scholar“Debit 3 Billions a Year to Crooks,” Current Opinion, 1 Oct. 1924, 510;Google Scholar“War on the White Collar Bandits,” Literary Digest, 6 Mar. 1926, 11–12; “Getting Rich by Going Broke,” Literary Digest, 27 Apr. 1929, 65–67;Google ScholarEllison, E. Jerome and Brock, Frank W., The Run for Your Money (New York, 1935), 3–4.Google Scholar
7 Smith, Edward H., “Profit in Loss,” Saturday Evening Post, 5 Feb. 1921, 14–15, 59–70;Google ScholarSmith, , “The Credit Trimmers,” Saturday Evening Post, 13 May 1922, 88–100;Google ScholarNational Association of Credit Men, Commerce and the Credit Crook (New York, 1925);Google ScholarStarr, Helen, “How Bankruptcy Brings Bargains in Merchandise,” Los Angeles Times, 10 May 1925.Google Scholar
8 Guenther, Louis, “Pirates of Promotion: Market Manipulation and Its Part in the Promotion Game,” World's Work 37 (1919): 393–98;Google ScholarDies, Edward Jerome, “The Fine Art of Catching the ‘Sucker,‘” Outlook, 28 Mar., 4 and 11 Apr. 1923,590–93,631–33, 674–78;Google ScholarSmith, Edward H., Confessions of a Former Confidence Man: A Handbook for Suckers (New York, 1923);Google Scholar“Tipster Publications Direct Investors’ Money into Specially Prepared Channels,” Special Bulletin No. 10, New York City Better Business Bureau, 15 Aug. 1924;Google Scholar“Boston Curb Exchange,” Special Bulletin of the National Better Business Bureau, 17 Mar. 1927;Google Scholar“Tipster Sheet,” Special Bulletin of the National Better Business Bureau, September 1928.Google Scholar
9 Beuick, Marshall D., “Who Pays for Credit Frauds?” Credit Monthly 28 (May 1926): 9Google Scholar; Alger, George, “Unpunished Commercial Crime,” American Lawyer 12 (Sept. 1904): 380.Google Scholar
10 Kenner, H. J., The Fight for Truth in Advertising (New York, 1936), xGoogle Scholar; Sidener, Merle, “Patroling the Avenues of Publicity,” World's Work 35 (1918): 638Google Scholar; “Advertising As Power for Good,” Utica Daily Press, 12 Mar. 1924, in Historical Clippings Files, New York City Better Business Bureau, New York CityGoogle Scholar; Sharp, R. S., “A Suggestion for Curbing the Pirates of Promotion,” World's Work 45 (1919): 354–56Google Scholar; Boston Better Business Commission, The Boston Better Business Commission: An Outline of Its Work (Boston, 1922), 1–2Google Scholar; “The Financial Situation,” Commercial and Financial Chronicle (11 Feb. 1922), in Cromwell Scrapbooks, vol. 2Google Scholar; “Caution! Trial of South Motors Case,” Special Bulletin, National Better Business Bureau, 12 Dec. 1926.Google Scholar
11 Kenner, H. J., “Letter to the Editor,” Printer's Ink, 8 May 1924Google Scholar; “Fighting Frauds and Fakes,” Wilmington (Delaware) Journal, 3 July 1926, both in Historical Clippings Files; “Social Unrest Laid to Stock Swindling,” New York American, 22 Feb. 1919Google Scholar; “Stock Frauds Seen As Spur to Bolshevism,” New York Times, 22 Feb. 1919, both in Stock Fraud Scrapbook, New York Stock Exchange Archives.Google Scholar
12 On “second wave” consumerism, see Robert Mayer, The Consumer Movement: Guardians of the Marketplace (Boston, 1989)Google Scholar; Cohen, Lisabeth, A Consumer's Republic: The Politics of Mass Consumption in Postwar America (New York, 2003); Stole, Advertising on Trial.Google Scholar
13 For useful memoirs of the early evolution of NACM and the Better Business Bureaus, see: Tregoe, J. H., Pioneers and Traditions of the National Association of Credit Men (New York, 1946)Google Scholar; Kenner, Fight for Truth in Advertising. On the early history of NACM, see also Olegario, Culture of Credit. There were many other institutions with similar goals and methods, both locally and nationally. The American Medical Association funded a large staff to monitor the marketing of medicines and other health treatments. Chambers of Commerce in places like Chicago and Holyoke, Massachusetts, initiated campaigns in the early 1920s to educate the residents of their cities about investment frauds. In 1924, the American Depositors' Association created a free information bureau so that depositors could inquire about the legitimacy of a given promotion before taking the plunge; the Investment Bankers Association and several national magazines, such as Outlook and World's Work, maintained similar services. But NACM and the Better Business Bureaus took the leading roles in the business community's efforts to root out fraud, especially outside the domain of health care. “Protecting Wage-Earners from Stock Swindlers,” Literary Digest 65 (12 June 1920): 153–56Google Scholar; “Educating the Public in Fraudulent Stocks,” World's Work 46 (Oct. 1923): 25–27Google Scholar; “New Defense against the Stock Promoter,” World's Work 47 (Apr. 1924): 678–79.Google Scholar On the AMA's antifraud battles, see Young, James Harvey, The Medical Messiahs: A Social History of Health Quackery in Twentieth Century America (Princeton, 1966.).Google Scholar For Wall Street's role in creating the New York City Better Business Bureau, see Ott, Julia, “The ‘Free and Open’ ‘People's Market’: Public Relations and the New York Stock Exchange, 1913–1929,” Business and Economic History Online 2 (2004): 1–42.Google Scholar
14 ”To Prosecute Fraudulent Failures,” Baltimore Sun, 10 Dec. 1897,10Google Scholar; “To Fight Fraud,” Baltimore Sun, 6 July 1899,10Google Scholar; “Tregoe the Busy Man,” Washington Post, 4 June 1905, F6Google Scholar; “Dead, J. H. Tregoe: Credit Authority,” New York Times, 6 Oct. 1935, 47.Google Scholar
15 “Boosters Rule at Devils Lake,” Aberdeen Weekly American, 12 Mar. 1913, 4Google Scholar; “Would Discard ‘Caveat Emptor’: Kenner, H. J. of Minneapolis Speaks to Duluth Ad Men and Retail Merchants,” Duluth News Tribune, 3 Feb. 1915, 12Google Scholar; “Truth is the Rule in Ads,” Kansas City Times, 10 Nov. 1915, 5Google Scholar; “Kenner Acts As a Watchman,” Duluth News Tribune, 8 Feb. 1920, Convention Section, 9Google Scholar; Auchincloss, James, The Better Business Bureau: Its Growth and Work (New York, 1927), 7–8Google Scholar; Kenner, Fight for Truth in Advertising, 44–59; “Kenner, H. J., Ex-Head Here of Better Business Bureau,” New York Times, 9 Jan. 1973, 42.Google Scholar
16 “They're Blazing Trails for Publicity,” Duluth News Tribune, 8 Feb. 1920, Convention Section, 4Google Scholar; “Expert to Talk on Advertising,” Los Angeles Times, 2 Feb. 1923, I4Google Scholar; “Business Convention Ends,” Los Angeles Times, 6 Sep. 1924, A5Google Scholar; “Tighter Curbs on Advertising Adopted for Enforcement by Business Itself,” New York Times, 15 Jan. 1935, 7Google Scholar; “Chief of B.B.B. Is Set to Retire,” Chicago Tribune, 12 Apr. 1963, C9Google Scholar; “Retirement of Ken Barnard,” Association of Better Business Bureaus Service Bulletin, 4 Oct. 1963.Google Scholar
17 The literature on professionalization in this period is enormous. See, for example, Nelson, Daniel, Frederick W. Taylor and the Rise of Scientific Management (Madison, 1980)Google Scholar; Miranti, Paul, Accountancy Comes of Age: The Development of an American Profession, 1886–1940 (Chapel Hill, 1990)Google Scholar; Tone, Andrea, The Business of Benevolence in Industrial America (Ithaca, 1997)Google Scholar; Duffy, John, The Sanitarians: A History of American Public Health (Urbana, 1992)Google Scholar; Kunzel, Regina, Fallen Women, Problem Girls: Unmarried Mothers and the Professionalization of Social Work, 1890–1945 (New Haven, 1993).Google Scholar
18 “Advertising Imperils Consumer Confidence,” Bulletin, 17 July 1925Google Scholar, National Vigilance Committee, Associated Advertising Clubs of the World; “Salesman's Statements and Advertising Claims,” Bulletin, 15 Sept. 1927Google Scholar, National Better Business Bureau; Alger, “Unpunished Commercial Crime,” 379; Roberts, Edward, “How to End Stock Swindling,” Bangor Maine News, 15 Dec. 1923Google Scholar, in Scrapbooks, Cromwell, vol. 2; “Ignorance Supports Financial Fraud,” Bulletin, National Better Business Bureau, July 1929.Google Scholar
19 “Share Fakers Set a Record,” New York Sun, 23 May 1920Google Scholar, in Scrapbook on Stock Frauds, 1918–1920Google Scholar, New York Stock Exchange Archives; Associated Advertising Clubs of the World, The Most Dangerous Enemy of the Oil Industry (New York, 1919?)Google Scholar; Dewey, Charles, Federal Cooperation to Prevent Fraud (St. Louis, 1926), 2–4Google Scholar; “Are You an Easy Mark,” Kansas City Better Business Bureau, Better Business Bulletin (31 May 1926)Google Scholar; Tregoe, J. H., “Credit Protection and Financial Statements,” Credit Monthly 28 (Feb. 1926): 23Google Scholar; Circular from Simmons, E. H. H., president of the New York Stock Exchange, to all Exchange employees, 3 May 1927Google Scholar, Records of the New York City Better Business Bureau, New York Stock Exchange Archives. David Hochfelder shows that the emergence of the retail investor also resulted in large measure from widespread popular engagement with bucket shops in the late nineteenth and early twentieth centuries: “‘Where the Common People Could Speculate’: The Ticker, Bucket Shops, and the Origins of Popular Participation in Financial Markets, 1880–1920,” Journal of American History 93 (2006): 335–58.CrossRefGoogle Scholar
20 Robb, George, White-Collar Crime in Modern England: Financial Fraud and Business Morality, 1845–1929 (New York, 1992), 147–50CrossRefGoogle Scholar; Simmons, E. H. H., Security Frauds: A National Business Liability (New York, 1927), 7Google Scholar; Lawrence, Edwin W., “Swindling through the Post Office,” Outlook 79 (14 Jan. 1905): 121–26Google Scholar; Hulbert, E. D., “Advertising Ethics and the General Welfare,” Survey 22 (1909): 325–26Google Scholar; New, Harry S., “The Use of t he Mail for Fraudulent Purposes,” Annals of the American Academy of Political Science 125 (May 1926): 58–59.CrossRefGoogle Scholar
21 Alger, “Unpunished Commercial Crime,” 381; Sloan, Maurice W., “Prosecution of Fraudulent Debtors,” Bulletin of the National Association of Credit Men 9 (1909): 348Google Scholar; Tridon, Andre, “The Post Office: Guardian Angel to the ‘Easy,’” Harper's Weekly 56 (6 Nov. 1910): 12Google Scholar; Barnes, John K., “Harvest Time for the Get-Rich-Quick Promoter,” World's Work 35 (Dec. 1917): 158–59Google Scholar; Simmons, E. H. H., “Security Frauds,” Independent 114 (Dec. 1925): 731.Google Scholar
22 H. J. Kenner, Fight for Truth in Advertising, 3–15; Editorial, Bulletin of the National Association of Credit Men 14 (Mar. 1914): 143Google Scholar; “Some Observations Suggested by a Study of Fraud Cases,” Bulletin of the National Association of Credit Men 21 (June 1919): 346–47Google Scholar; Hart, Jules, “Compromise with Fraud Always Poor Business,” Credit Monthly 25 (Aug. 1923): 34–35Google Scholar; Winter, Keyes, “Fools and Their Money,” Harper's Magazine 151 (Aug. 1927): 371.Google Scholar
23 Tregoe, Pioneers and Traditions; Arnold, C. H., “False Statements,” Bulletin of the National Association of Credit Men 6 (Oct. 1906): 36–37Google Scholar; Pease, Otis, The Responsibilities of American Advertising: Private Control and Public Influence, 1920–1940 (New Haven, 1958), 44–48Google Scholar; Parrish, Michael, Securities Regulation and the New Deal (New Haven, 1970), 4–40.Google Scholar
24 Guenther, Louis, “The Pirates of Promotion: The Wreckage,” World's Work 37 (Mar. 1919): 512Google Scholar; “Preventing Stock Frauds,” Cheyenne Tribune, 29 Jan. 1923, in Cromwell Scrapbooks, vol. 2.Google Scholar
25 For overviews of t h e publicity campaigns in particular cities, and by the National Better Business Bureau, see Priestly, Bernard G., “Checkmating the Get-Rich-Quick Promoter,” Bankers’ Magazine 111 (Mar. 1925): 317–23Google Scholar; “War Declared!” Buffalo Better Business Bureau Bulletin, 12 Aug. 1925Google Scholar; Greene, Edward L., Activities of the National Better Business Bureau, 1927–28 (New York, 1928), 15–16Google Scholar; Kansas City Better Business Bureau, Protecting Legitimate Business and the Public: Annual Report (Kansas City, 1928): 15–19Google Scholar; Columbus Better Business Bureau, Annual Report (Columbus, 1929), 1Google Scholar; Better Business Bureau of Los Angeles, Second Annual Report (Los Angeles, 1931).Google Scholar
26 Better Business Bureau of St. Louis, Telling the Public (St. Louis, 1926).Google Scholar
27 For a representative indication of a local Better Business Bureau's warnings about specific fraud activity, see the publication of the New York City Better Business Bureau, Accuracy, published from 1925 through 1935. See also “Making Loss Prevention a Systematic Business,” Rhode Island Hospital Trust Company, The Netopian, 1 Mar. 1927Google Scholar; “The Road to Safe Investment,” Newark Call, 13 Jan. 1924Google Scholar; Smith, Edson B., “Investors Must Learn to Patronize Reliable Firms,” Boston Traveler, 30 Mar. 1924, all in Historical Clippings Files.Google Scholar
28 For concise overviews of these efforts, see Gregg, William, “Help the Doctor! Increasing the Curative Work of Credit Protection Fund,” Credit Monthly 28 (1926): 9Google Scholar; Tregoe, J. H., “A Dozen Rules for Sound Credit,” Bankers’ Magazine 112 (Mar. 1926): 384Google Scholar; Affiliated Better Business Bureaus, A Guide for Retail Store Advertising (Boston, 1932). This public-relations onslaught preceded the business establishment's concerted-campaign to blunt t h e critique of the 1930s consumer movement by more than a decade, and surely helps to account for the rapid conceptualization and implementation of that latter initiative. On the later publicrelations effort by large-scale American marketers, see Stole, Advertising on Trial.Google Scholar
29 Mapes, Dorchester, Why I Am a Member!: Address to the 5th Annual Convention of the National Association of Credit Men (New York, 1900)Google Scholar; Field, John, Personality: An Address to the 5th Annual Convention of the National Association of Credit Men (New York, 1900): 8v9Google Scholar; Houston, Herbert, “The New Morals of Advertising,” World's Work 28 (1914): 384–88Google Scholar; “Cromwell Says Blue Sky Laws Easily Evaded,” Rochester Post Express, 13 Oct. 1922, in Cromwell Scrapbooks, vol. 2.Google Scholar
30 Brown, Richard Maxwell, Strains of Violence: Historical Studies of American Violence and Vigilantism (New York, 1975)Google Scholar; Higgins, Cindy, “Frontier Protective and Social Network,” Journal of the West 42 (2003): 63–73Google Scholar; Mihm, Nation of Counterfeiters; Beisel, Nicole, Imperiled Innocents: Anthony Comstock and Family Reproduction in Victorian America (Princeton, 1997)Google Scholar; Tone, Andrea, Devices and Desires: A History of Contraceptives in America (New York, 2001): 4–25.Google Scholar
31 On the status of these corporate moves into private policing as models for NACM's approach to credit fraud, see Cotter, Garrett W., “New Styles in Credit Crime,” Credit Monthly 27 (Feb. 1925): 44Google Scholar; Abelson, Elaine, When Ladies Go-A-Thieving: Middle-Class Shoplifters in the Victorian Department Store (New York, 1992), 145–46.Google Scholar On the anticrime ventures of middle-class reform organizations, see Willrich, Michael, City of Courts: Socializing Justice in Progressive Era Chicago (New York, 2003), 133–71.Google Scholar
32 “Report of the Investigation and Prosecution Committee,” Bulletin of the National Credit Men's Association 21 (1919): 630–40Google Scholar; Commerce and the Credit Crook, 8–9; “The Campaign Starts! For Second Credit Protection Fund,” Credit Monthly 31 (Feb. 1929): 15–16Google Scholar; Tregoe, Pioneers and Traditions, 71–90; Auchincloss, Better Business Bureau, 8; Getz, Carl H., “Fighting the Wildcat Advertiser: How Better Business Bureaus in Thirty-Seven Cities Wage Active War on the Fake Stock Promoter,” Bankers' Magazine 106 (1923): 70–74Google Scholar; “Business Bureaus’ Session to Aim at Highest Service,” Indianapolis Star, 23 Sept. 1925Google Scholar, in Historical Clippings Files; Richardson, John, “Business Policing Itself through Better Business Bureaus,” Harvard Business Review 10 (1931): 69–73.Google Scholar
33 “Sees Public Faith Growing through More Honest Ads,” New York Daily News, 9 Mar. 1923Google Scholar; Olwin, G. F., “Advertising Censor Guards t he Public,” Indianapolis Star, 2 Jan. 1922, both in Historical Clippings File; “Guide for Boston Better Business Shoppers,” box 11, folder A-9- 10–2, Louis Kirstein Papers, Baker Library, Harvard Business School, Boston, Mass. On the origins of private detectives in department stores, see Abelson, When Ladies Go-A-Thieving, 120–47.Google Scholar
34 “Making Loss Prevention a Systematic Business”; Boston Better Business Commission, Our Accomplishments in 1924: Third Annual Report (Boston, 1924), 5.Google Scholar
35 Tregoe, J. H., “General Letters to Members,” National Association of Credit Men, l Aug. 1924Google Scholar, Baker Library, Harvard Business School; Williams, W. A., “Keep Crooks out of Business,” Credit Monthly 30 (Mar. 1928): 7–8, 24Google Scholar; Editorial Squib, Bulletin of the National Association of Credit Men 14 (Dec. 1914): 980.Google Scholar
36 “Credit Protection Counsels,” Credit Monthly 28 (Sept. 1928): 36Google Scholar; “A New Rogue's Gallery,” Credit Monthly 30 (1928): 32Google Scholar; Simmons, Security Frauds, 14. For examples of the nationwide character of BBB investigations, see: Letter from Henry Jay Case, Director, New York Stock Exchange Committee on Records and Investigations, to Collis, W. P., Manager, New York Better Business Bureau Finance Division, 29 May 1928Google Scholar; letter from Collis, W. P. to Henry Jay Case, 25 June 1928Google Scholar, both in records of the New York City Better Business Bureau, New York Stock Exchange Archives; and Columbus Better Business Bureau Financial Bulletin, 22 Sept. 1930.Google Scholar
37 Better Business Bureau of New York City, Safeguarding the Integrity of Business: The Sixth Annual Report (New York, 1928), 9.Google Scholar By the mid-i92Os, many bulletins and press releases from local BBBs read like police blotters, chronicling the arrests, indictments, convictions, and cease-and-desist orders resulting from BBB investigations. Credit Monthly similarly highlighted the successes of its Prosecution Department, especially through the regular column of C. D. West, its longtime manager. On the publicity value of fund-raising and its connection to deterrence, see National Association of Credit Men, About the National Fund for Credit Protection (New York, 1925), 7Google Scholar; “Suppressing Credit Crime,” Credit Monthly 27 (Jan. 1925): 8.Google Scholar
38 “Would Broaden Work of Better Business Bureaus,” Printer's Ink, 11 Sept. 1924Google Scholar, in Historical Clippings Files; Kansas City Better Business Bureau, Protecting Legitimate Business and the Public: 1928 Annual Report (Kansas City, 1928), 3–5, 10 - 11Google Scholar; Better Business Bureau of New York City, Facts, Then Action: A Merchandise Report, 1925–1930 (New York, 1930).Google Scholar
39 Hower, Ralph M., The History of an Advertising Agency: N. W. Ayer & Sons at Work, 1869—1949 (Cambridge, Mass., 1949), 503; Emmet and Jeuck, Catalogues and Counters, 595-CrossRefGoogle Scholar
40 Abelson notes that by the early years of the twentieth-century, most large department stores had internal staffs often to fifteen detectives, figures that likely increased by the 1920s. When Ladies Go A-Thieving, 142; “Shoplifters Are Bane of Stores,” Los Angeles Times, 11 Dec. 1910Google Scholar, HIE; “Halcyon Days of Shoplifters Gone, Say Expert Sleuths,” Washington Post, 9 July 1916, E9Google Scholar; “Thwarting the Shoplifter,” Washington Post, 29 Mar. 1925, 75Google Scholar; “Thwarting the Xmas Shoplifter,” Washington Post, 16 Dec. 1928, 7Google Scholar; Irwin, Theodore D., “Guarding the Nation's Railroads,” Washington Post, 14 Dec. 1930, SM2.Google Scholar
41 Federal Trade Commission, Annual Report of the Federal Trade Commission for the Fiscal Year ending June 30, 1930 (Washington, D.C., 1930), 24–25.Google Scholar
42 Tregoe, , “General Letters to Members,” l Aug. 1924Google Scholar; “When Guerilla Efforts Failed—The Sheriffs Posse Took Hold!” Credit Monthly 27 (1925): 9Google Scholar; “The Fight against Commercial Crime,” Credit Monthly 27 (Apr. 1925): 10Google Scholar; Simmons, Securities Frauds, 15–16. On early twentieth-century public-health campaigns, see Duffy, The Sanitarians; Margaret Humphreys, Yellow Fever and the South (New Brunswick, 1992)Google Scholar; Humphreys, , Malaria: Poverty, Race, and Public Health in the United States (Baltimore, 2001).Google Scholar
43 Kenner, H. J., “The Bureau's Purpose,” Kansas City Better Business Bureau Bulletin, 2 Feb. 1927Google Scholar; Boston Better Business Bureau, “How Frauds Hurt Business,” Bulletin 1 (3 Oct. 1929)Google Scholar; Buffalo Better Business Bureau, “Detective Agency Decision Reversed,” Bulletin, 31 May 1931Google Scholar; Oklahoma City Better Business Bureau, Report of Better Business Bureau Activities (Oct. 1930), 6; James C. Auchincloss, Better Business Bureau, 14.Google Scholar
44 Untitled Illustration, Credit Monthly 32 (1930): 21–22.Google Scholar
45 “President Coolidge on Truth-in-Advertising,” Accuracy 2 (Nov. 1926): 7Google Scholar; “Anti-Fraud Campaign Has Coolidge Support,” New York Times, 22 Sept. 1924Google Scholar, Historical Clippings Files; “Herbert Hoover Approves,” Credit Monthly 27 (Apr. 1925): 10Google Scholar; Columbus Better Business Bureau, Financial Bulletin, 3 Oct. 1932Google Scholar; “‘Deserving of the Support of the Business Public,’” Credit Monthly 27 (Apr. 1925): 11Google Scholar; Letter from Mellon, A. W. to Pouch, W. H., Credit Monthly 31 (Mar. 1929): 13Google Scholar; “Honorable Charles H. Turtle on Business and Law,” Accuracy 3 (Apr. 1927), 1; Dewey, Federal Cooperation to Prevent Fraud.Google Scholar
46 “Corrupt ‘Bankruptcy Ring’ Newest Business Brigand,” New York Times, 23 Dec. 1923, sec. 8, 10Google Scholar; “Mattuck to Direct War on Swindlers,” New York Times, 5 Oct. 1925, 5Google Scholar; “Heads Stock Fraud Bureau,” New York Times, 12 Feb. 1929,18Google Scholar; Advertisement, Schwab's Bureau of Investigation, New York Times, 24 Oct. 1926, E7Google Scholar; “Credit Protection Counsels,” Credit Monthly 28 (Sept. 1926): 36Google Scholar; “Credit Men Meet in 42nd Convention,” New York Times, 21 June 1937, 30Google Scholar; “Booming Better Business,” Financial World, 3 Oct. 1925Google Scholar, in Historical Clippings Files; “Buckner to Fight Business Frauds,” New York Times, 19 Mar. 1925, 23Google Scholar; “Florida Facts for New Yorkers,” Member News Bulletin No. 43, Better Business Bureau of New York City, 9 June 1926Google Scholar; “Better Business in Securities,” Wall St. News, 5 Apr. 1927Google Scholar; “Fighting Frauds,” Xenia (Ohio) Republican, 23 Apr. 1927, both in Historical Clippings Files.Google Scholar
47 “The Credit Men's Dinner,” New York Times, 23 Apr. 1897, 2Google Scholar; “Dinner to Fraud Fighters,” New York Times, 6 Feb. 1906, 7Google Scholar; “Investors Put on Right Track: H. J. Kenner Tells Brooklyn Kiwanis Club How,” Brooklyn Eagle, 3 Mar. 1924Google Scholar, “Would Broaden Work of Better Business Bureaus,” Printer's Ink, 11 Sept. 1924Google Scholar, “National Business Group Convention Opens Here Today,” Indianapolis Star, 21 Sept. 1925Google Scholar, all in Historical Clippings File; “Noted Visitor Coming: J. H. Tregoe of the National Credit Men's Association,” Charlotte Observer, 12 Dec. 1913, 6Google Scholar; “Suppressing Credit Crime: Organization of the National Fund,” Credit Monthly 27 (Jan. 1925): 8Google Scholar; Lamb, Edward F., “An Honest Commerce Crusade,” Credit Monthly 28 (Aug. 1926): 18Google Scholar; Norvell, John E., “Forward for the Fund!” Credit Monthly 28 (Sept. 1926): 19. For coverage of NACM conventions, see the August issues oi Bulletin of the National Association of Credit Men through 1920, and then the organization's separately published conference proceedings.Google Scholar
48 On the widespread antipathy of post-World War I American business to bureaucratic regulation, see Davis, G. Cullom, “The Transformation of the Federal Trade Commission, 1914–1929,” Mississippi Valley Historical Review 49 (1962): 437–55CrossRefGoogle Scholar; Parrish, Securities Regulation in the New Deal; Morton Keller, “The Pluralist State: American Economic Regulation in Comparative Perspective, 1900–1930,” in Regulation in Perspective: Historical Essays, ed. McCraw, Thomas (Cambridge, Mass., 1981), 56–94.Google Scholar
49 Seymour Cromwell's Scrapbooks at the New York Stock Exchange furnish abundant evidence of the Stock Exchange's antagonism to “blue sky” proposals in the New York State Legislature. The eventual creation of the New York City Better Business Bureau followed a wave of failures among marginal brokerage firms in 1921, which heightened political pressure for greater oversight of the securities markets. Associated Advertising Clubs of the World, Most Dangerous Enemy, 4.
50 Ellis Hawley, “Three Facets of Hooverian Associationalism: Lumber, Aviation, and Movies, 1921–1930,” in Regulation in Perspective, ed. McCraw, 95–123; Kenner, H. J., Business Self-Discipline (New York, 1927), 1.Google Scholar
51 For trenchant analyses of t h e politics of segregation in t h e early twentieth-century South, see Kousser, J. Morgan, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One Party South, 1880–1910 (Yale, 1974)Google Scholar; Gilmore, Glenda, Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896–1920 (Chapel Hill, 1996)Google Scholar; Smith, J. Douglas, Managing White Supremacy: Race, Politics, and Citizenship in Jim Crow Virginia (Chapel Hill, 2002).Google Scholar
52 On compliant regulation and regulatory capture, see Kolko, Triumph of Conservatism; Vietor, Richard, Contrived Competition: Regulation and Deregulation in America (Cambridge, Mass., 1994).CrossRefGoogle Scholar
53 Better Business Bureau reports from around the country offered periodic tallies of the successful prosecutions that they initiated, at all levels of government. For examples, see the reports of the New York City, Kansas City, and Los Angeles Bureaus.
54 Keller, “The Pluralist State”; Freyer, Tony, Regulating Big Business: Antitrust in Great Britain and America (New York, 1992)CrossRefGoogle Scholar; Berk, Gerald, “Communities of Competitors: Open Price Associations and t he American State, 1911–1929,” Social Science History 20 (1996): 375–400.Google Scholar
55 Jones, , Collector of Revenue, v. Better Business Bureau of Oklahoma City, 123 Fed. 2nd 767 (U.S. Court of Appeals for the 10th Circuit, 1941).Google Scholar
56 Kenner, H. J., You and the Integrity of Business: An Address to the Rotary Club of New York (New York, 1929).Google Scholar
57 On the universal failure of libel claims against the Bureaus, see Boston Better Business Bureau, “No Libel Action Lost,” Bulletin, 7 Nov. 1929Google Scholar; Richardson, “Business Policing Itself,” 74; Kenner, Fight for Truth in Advertising, 264–65; Auchincloss, James, The Growth of the Better Business Bureau (New York, 1931), 6Google Scholar; Artloom Corporation v. National Better Business Bureau et at, 48 Fed. 2nd 897 (U.S. District Court for the Southern District of New York, 1931)Google Scholar; McCann v. New York Stock Exchange et al., 107 Fed. 2nd 908 (U.S. Court of Appeals for the 2nd Circuit, 1939).Google Scholar
58 Egelhofer, William F., “Credit and Commercial Crime,” Lawyer and Banker and Central Law Journal 21 (1928): 28Google Scholar; McDowell, Elmer Leslie, “No Quarter for Creditors,” North American Review 236 (1933): 148Google Scholar; “Credit Men at Seattle Discuss War on Fraud,” New York Times, 13 June 1928, 31Google Scholar; “Fraud Fight Convicts 734,” New York Times, 17 June 1929.Google Scholar
59 “Trade Honesty Gain Reported,” Christian Science Monitor, 3 Feb. 1927Google Scholar, in Historical Clippings Files; “Periodical Men Act to Curb Ad Frauds,” New York Times, 10 Oct. 1928, 31Google Scholar; “Magazines Rejected $2,000,000 in Ads,” New York Times, 5 Jan. 1930, 2Google Scholar; Better Business Bureau of New York City, Facts, Then Action; Affiliated Better Business Bureaus, A Guide for Retail Store Advertising; Buffalo Better Business Bureau, “New Codes of Advertising Practices,” Bulletin 2 (31 May 1933)Google Scholar; “New Frauds Court Called a Success,” New York Times, 21 July 1923, 5Google Scholar; Ives, Phillip, “Prompt Prosecution of Commercial Fraud,” Credit Monthly 25 (Apr. 1923): 15Google Scholar; “Sees Speedy Trials Best Curb on Fraud,” New York Times, 22 Jan. 1929, 51.Google Scholar
60 Moran, E. B., “Facts, Not Opinions,” Credit Monthly 25 (July 1925): 30Google Scholar; “Avoided Loss of $920,” Credit Monthly 27 (Feb. 1925), 13Google Scholar; “Department Store Has Accuracy Meeting,” Accuracy 1 (Sept. 1925): 1Google Scholar; Kansas City Better Business Bureau, “Cooperates with Bureaus,” Bulletin, 29 Nov. 1926; Kenner, Fight for Truth in Advertising, 167–68.Google Scholar
61 “The Campaign Starts!” Credit Monthly 31 (Feb. 1929): 16Google Scholar; Tregoe, , “General Letters to Members,” 1 June 1926; Philadelphia Better Business Bureau, “Protecting the Commercial Reputation of Philadelphia Throughout the Nation,” Bulletin 443, Dec. 1931; Kenner, Fight for Truth in Advertising, 169–70; Oklahoma City Better Business Bureau, Report of Better Business Bureau Activities, 6.Google Scholar
62 Greig, Cuthbert, “All in the Same Boat: Here and Abroad Credit Problems Are Similar,” Credit Monthly 30 (Nov. 1928): 5–6Google Scholar; Kirstein, Louis, “Better Business Bureaus and How They Serve,” Manuscript text of speech before the Incorporated Association of Retail Distributors, Hotel Metropole, London, 21 Apr. 1925Google Scholar, Kirstein Papers. On the expansion of interwar American commercial culture into Europe, see Grazia, Victoria de, Irresistible Empire: America's Advance through Twentieth-Century Europe (New York, 2005), esp. 15–74, 130–83.Google Scholar
63 Lamb, Edward F., “Ten Months of the Fund,” Credit Monthly 28 (June 1926): 51Google Scholar; Williams, , “Keep Crooks out of Business;” “One Out of 117 Wanted to Prosecute,” Credit Monthly 30 (July 1928): 3Google Scholar; Frazer, Elizabeth, “The Dynamiters,” Saturday Evening Post 201 (17 Nov. 1928): 16–17, 52, 54, 56Google Scholar; “Getting Rich by Going Broke,” Literary Digest 101 (27 Apr. 1929): 65–67Google Scholar; Richardson, , “Business Policing Itself,” 71–72; Better Business Bureau of New York City, Blocking the Return of the Stock Swindler (New York, 1933); McDowell, “No Quarter for Creditors”; Elison and Brock, Run for Your Money, 3–4; Kenner, Fight for Truth in Advertising, 202–4.Google Scholar
64 O'Sullivan, Frank, Rackets: An Expose of the Methods and Practices of the Better Business Bureaus (Chicago, 1933), 41–42Google Scholar, 21–29, 59~6i; Edwin C. Riegel, The Indictment of the Better Business Bureau Conspiracy (New York, 1931), 10–16; Manhattan Board of Commerce, Do Better Business Bureaus Better Business? (New York, 1930).Google Scholar
65 O'Sullivan, Rackets, 90–91, 122–25; Riegel, Indictment of the Better Business Bureau Conspiracy, 2–3, 7, 34–42.
66 National Better Business Bureau, “‘Tipster Sheets’: To Succeed, the Tipster Must Deceive,” Bulletin, 30 Sept. 1928Google Scholar; Kenner, H. J., You and the Integrity of Business (New York, 1929): 12–13Google Scholar; Auchincloss, Growth of the Better Business Bureau, 6; “Mr. Riegel Comes to St. Louis,” St. Louis Better Business Bureau Bulletin 4 (9 July 1931)Google Scholar; Columbus Better Business Bureau, The Pig Squeals! (Columbus, 1934?); Kenner, Fight for Truth, 131–34; 264–65; Elison and Brock, Run for Your Money, 252–54.Google Scholar
67 ”Wallbrook Presbyterians,” Baltimore Sun, 14 Jan. 1898, 10Google Scholar; “Tregoe the Busy Man;” “Booze Worst Foe to Business: Whiskey Makes Liars, National Credit Association Secretary Says,” Kansas City Times, 18 Jan. 1917, 2Google Scholar; “Warns of Alien Bandits in Trade,” Philadelphia Inquirer, 11 Oct. 1920,18Google Scholar; “Tregoe Rebukes Gompers,” New York Times, 13 June 1922, 4.Google Scholar
68 Sidener, “Promoting the Avenues of Publicity,” 638.
69 Williams, “Keep Crooks out of Business,” 8; Smith, “The Credit Trimmers,” 92; West, C. D., “Commercial Crook Meets His Waterloo,” Credit Monthly 25(1923): 32Google Scholar; F.Lamb, Edward, “An Honest Commercial Crusade,” Credit Monthly 28 (Aug. 1926): 18Google Scholar. On the antagonism toward immigrants that characterized much of the public-health movement in the early twentieth century, see Kraut, Alan, Silent Travelers: Germs, Genes, and the Immigrant Menace (Baltimore, 1995).Google Scholar
70 The best overviews of these corporate scandals remain: Pecora, Ferdinand, Wall Street under Oath: The Story of Our Modern Moneychangers (New York, 1939)Google Scholar; Galbraith, John Kenneth, The Great Crash (New York, 1955)Google Scholar; McDonald, Forrest, Insull (Chicago, 1962)Google Scholar; and Brooks, John, Once in Golconda: A True Drama of Wall Street (New York, 1969).Google Scholar
71 “The Better Business Bureau and Investment Trusts,” Journal of Commerce, 20 July 1927, Historical Clippings Files. Although the Journal of Commerce deferentially printed Kenner's letter, it also asserted that the previous story included the attributions to the Bureau after “the explicit and reiterated assurances” from the quoted employee that “he was an officer of that organization and authorized to speak for it.”Google Scholar
72 “Business Bureau Elects,” New York Times, 20 June 1930, 44. On Whitney's fall from grace, see Galbraith, The Great Crash, 161–65.Google Scholar
73 Braithwaite, John, “Enforced Self-Regulation: A New Strategy for Corporate Crime Control,” Michigan Law Review 80 (1982): 1466–1507, quote at 1469.CrossRefGoogle Scholar
74 Quoted in “Department Store Has Accuracy Meeting.”
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