St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-01
"rHE FoRGOrrEN MAN.


on thevery remarkable decision handed
down by Justice MITCHELL, of the SUI
preme court, in the case of The Bohn
Manufacturing Company VS.. The North
western Lumbermen'S Association. I'M
til we could become satisfied that the
decision as reported i'll the papers gave
correct account of the reasoning by
which the conclusion was reached. We
have assured ourselves that the report
was correct.
In substance the opinion holds that
any man has the right to desist from
buying of any other man for any reason
whatever that seems sufficient to him:
that what one man can do lawfully any
number of men can lawfully associate
TO do. The local lumber dealer is a
worthy and necessary factor of society.
lie must have profit on his business to
live. He has right to associate him
self with others to secure that profit
wv hen reduced to its ultimate analy--
SIS" says the court, ''all that the retail
lumber dealers have done in this
case IS to form an association
to protect themselves from sales bv
wholesale dealers or manufacturers
directly to consumers or other non-deal-
ers at points where member of the as
ISOLATION is engaged in the retail bust
ness. They agree that they will hot
deal with wholesale dealer or manu-
facturer who does this. This is the
head and front of their offense.D
What is the purpose of this associa-
ton as plainly indicated in this case?
Why do they wish TO restrain whole
salers from selling directly to consum-
ers? Against what do they propose 20
protect themselves" If the manu-
facturer sell to the consumer at the
same price he sells to the retailer. the
latter's profits are diminished; if he
sell 10 the consumer even at the retail
er's list prices, the latter'S home market
is lnterfered with. The purpose, then,
is to preserve their business and secure
their profits. But if the consumer gained
nothing in price by buying of the maker
instead of the retailer he only has his
trouble for his pains. He buys there
because he can get what he wants at
lower price. To prevent this is the
real and sole object of this combination.
How do the retailers propose to effect
their end? BY uniting all the retailers
in body pledged not to buy of the man.
ufacturer who sells to their customers;
by applying the railways theory of
'Our territory" to their business, and
Keeping lntruders out who would dis
turb the ''harmOnY;" in other words,
compete with lower prices How can
this be effectIve? Because the retailers
are the far larger patrons of the manu-
tacturers. Ii their buying is withdrawn,
the makers business will be practically
destroyed.
1t is then the law of this state that
persons engaged in any vocation NAV
lawfully unite to prevent any one from
interfering in their trade. To do this
they may employ any means short of
! physical violence, short of a breach of
the peace. They may establish a boy
colt, which is just as effective, has all
the elements of force in it that any
strike has, and yet be within the
shelter of the law. For physical fear
they can substitute moral or commercial
fear. They must not threaten bodily in
| Jury, but they may threaten business
ruin. They may not use force which
men would deride, which could be met
on equal ground, but they may use a
force before which any business man
would quail. They may not hurt his
body. but they may destroy his business.
The suit was in equity. 1t is the rule
that i'll any case all the equities en-
braced in it should be brought in to be
adjusted, in order that equal Justice NAV
be done to all. Possibly, as between the
litigauts before the court, its decision
was equitable. The plaintiff had Joined
the ssociation-became party to its
purposes. The court left the wrong
doors where they had placed them
selves. But all the parties having euui-
ties were not brought into the case: all
the equities were not considered.
though they seem to have been decided.
The Forgotten Man did not have his day
in court. His rights were adiudicated
in his absence. The attorney general,
who is his retained attorney, was not
there. The court, absorbed In the con-
test of the quarrel before it, forgot the
greater equities involved in the case.
The microscope of laW,was used instead
of the telescope of equity.
The Forgotten Man. whom the court
should have ordered to be impleaded in
this case, is the consumer of lumber
He had rights and equities superior tc
those of either litigant. AS is too often
the case in legislation he was over.
looked here. The court should have re-
membered him. 1t was making law
not merely declaring 1t. When courts
do this they take into their view the
broad field Of public policy. They in.
clude the Forgotten Man in their DELHI
erations; regard and guard his rights
Usually they are the more careful to dc
this because he is never before the