The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-24
COMMON LAW AND MoNoPoLIEs.
Judge Taylor Sees "a Partial Solution
for Sociological PerpIexities.

for Sociological PerpIexities.
Judge r. S. Taylor, of Ft. Wayne, was
the next speaker, and he had a thoughtful
address upon THE Inherent Function of
Growth in the Common Law" in which
he elaborated upon the theory that the
principles of justice and common sense as
the foundation of the common law can
be and are applied properly to the new
problems continually arising with the devel-
opment Of the complex civilization of the
age In touching upon some of the more
important of these problems Judge Taylor
said:
concrete application of these views think
ii is not difficult to point out some living,
pressing problems clamoring FOR attention,
which must find their solution in the prin-
ciples of the common law developed and
adapted in the manner which | have de-
scribed to the new situations presented
How are we going to settle the multi
tude of questions relating to labor and
capital, strikes, trusts and eorpporations
real and hard questions. They have been
brought upon US by economic changes
tinuing progress Of which we cannot arrest
These changes have seriously disturbed the
relations of men,. They are compelling
questions. They are leading men TO chal-
lenge the justice of the old laws ana De-
mand new definitions OF human rights.
nv the law as we received II from our an
cestors it Is the right of an employer 10 em-
terms and the right of each Of them to
sever their relation at WILL provided no con-
tract between them prevents
RIGHTS OF EMPLOYEES.
''But If that is really the right of en-
ployers to-day, employees. as a class, have
no rights worth mentioning. The course
of modern life and business has prodigous-
ly increased, both relatively and actually,
the number Of persons who must work for
wages in order to live. The aggregation or
capital has greatly diminished the relative
number Of employers. The subdivision Of
labor has specialized caliings to the extent
that most earners of wages know how to do
only one thing The introduction of ma
chinery has so diminished the amount of
human labor required to do the worlds
work that it is with the utmost difficulty
that all those who want employment can
find it. The conditions are such that II
1t is the legal right of the employer TO en-
ploy whomsoever he will on such terms as
he and his employees, each man for him
self, mutually agree upon, the employer
can dictate wages. The employe must
take what the employer chooses to pay. To
be a workingman subject to those condi-
tions-employers few. applicants many,
places not enough to go around, and every
man compelled To make the best bargain he
can for himself-is TO be little better on
than q slave. -
Society iS not eatlSHeu with IndJ view
of the case. Workingmen are carrying
their organizations into every department.
of labor. They are insisting that employ
ers shall deal with the unions and pay the
wages agreed TO by the unions and be sub
ject TO many conditions subscribed by the
unions When the employers demur the
unions make on them. / say. war, Tor
what is any war but an organized attempt
to compel human conduct by punishment!
But society approves and the courts are
trying hard not to disapprove No other yio-
lations of law are so vigorously wlnked az
as those of striking workingmen, Legts-
latures are implicitly condoning them by the
passage OF laws creating commissions TO ar
bitrate and compromise strikes.
Like remarks may be made In respect to
trusts and combinations 10 control trade.
They are an accompaniment of the general
tendency TO Capitalization and aggregation
i'm capital and business. Sometimes the OBJ
ject is to put up prices and sometimes
to put them down. In either case the in
trusion of the power of great and concern
trated capital operates oppressiyely toward
large classes OF citizens. The Cattle Trust
hurts the stock raiser on one side and the
meat buyer on the other paying small
prices for beeyes and charging high prices
for beef. The department store ruins the