Subject: File No. S7-08-09
From: Doris L Bates, Esquire
Affiliation: former trust counsel for Harris Trust Bank

May 30, 2009

I support the uptick rule as outlined in the proposal to be submitted to the SEC Monday, May 1, 2009 as signed by Jim Kramer and 5000 investors. There is no question that hedge fund managers manipulate the market using short selling as short selling is currently allowed. Without the support of a proper rule as promulgated by the SEC over short selling, the small investor will continue to withdraw from participation in the markets. Government is the only source of protection for small investors. Please re-establish the uptick rule as it was originally enacted during the Great Depression. Thank you for the opportunity to voice my concern.