The labor world. [volume] (Duluth, Minn.) 1896-current, 1911-09-23

property 81 othsr times ana there
fore entitled to be protected against.
loss Of income caus4d by competition
from other manu- acturers sor business
men. Business and the income from
business would become Territorial,
and would be. IN the same position
40 land and the income from land
The result would be to make aHs
competition il trade unlawfu &:
would prevent any one from q ~.
tlsg IN trade or maHilfa udiySs
Re comply with the whims ana fan-
eies Of those who have their trade.
or means OF prod uction already esy
tablished. No one could enter into
business except through inheritance
Request or sale. sss:'
Definition Of Properly. 81
In order to show the fallacy of this,
new definition Of property, we here
state the accepted legal definitions OF
property. business and labor. Prop
| erty means the dominion or indeflnite
right of user and disposition which
one lawfully exercises over particular
things or subjects, and generally toi
| the exclusion of all Others. Proper
/ ~ 40 OWAS~1 SNIP Cu05 sGXEtuSlXSsF4I6k
81 any person freely to- Use. enjoy
and dispose Of any observation-disclosures
tect. whether real or personal.
(English and American Encyclopedia
81 Law.) Property Is the exclusive
right of possessing, enjoying and dis
posing Of thing. Century Diction-
ary) "A right imparting to the owner
! 8: power Of indefinite user, capable
Of being transmitted :: to- usaiversal
successors by way OF descent, and im-
parting to the owner the power. Of
dispo sitioh, from himself and his sue
eessors. e ~ Austin. Jurisprudence
| The sole and despotfc dominion which
| one claims ana exercises over the ex-
ternal things Of the wrold in total
EXCLUSION ct The right Of any other
individual In the world. (Black-
stone It will be seen that property
means products Of nature or Of labor,
and that the essential element is that
| it may be disposed Of BY sale, be
given away, or in any other :. way
transferred to another. There is no
distinctions in law between properly
and property rights: 800 ss.:
From these definitions it is plain
that labor power or patronage cannot
be property. but aside from this we
haYeathe thirteenth amendment - to
the constitution. prohibiting slavery
and Involuntary servitude. Labor
power cannot be property, because
It cannot be separated from the, Ia
borer. It is personal, It grows with
health, diminlshes in sickness. and
ceases at DEATH. It is an attribute of
life. The ruling of the courts makes
Of the laborer q serf, of patronage
an evidence Of servitude, by assuming
that one may have q property. right
in the labor or patronage of another
>,s.z Definition of Business
- What is the definition Of business2
ThatTwhtch occupies the time, atten-
ton and. labor of, men for the, purpose
Of livelihood sor tproAt; thatp which
occupies the time, attention and labor
Of men for the purpose OF profit and.
improvement American andsa Eng.
lish Encyclopedias of Law.o + That.
which busies, or that which occupies
the time, attention or labor Of one as
his principal concern, whether for q.
longer or shorter time. lWebstsr's
Dlctiof1afy. s :sa ss sit.ss! ~
Definition 81 ssIabor.'' s 3fs.sss
What is labor? Physical or men. =
tai effort, particularly for some uAel
full or desired end. Exertion OF the
powers for some end other than rec
reation. or sport. Century @Dietions
ary.) ~ sf 3.SS4
It will be seen from the above de-
| f1nitions, that while there is a funda-
mental difference between property
and business. there is none at all be-
business be property, SO is labor. and,
II the earning power OF business can
be protected by equity power through
| Injunction, SO can the earning power
Of labor. In other words. the laborer
may obtain an Injunction against 8
reduction of wages, or against a dis
charge which would stop the wages
entirely. II this new definition . OF
\ property. by including therein busi-
ness and labor. be accepted, then the
judge sitting in equity becomes. the,
irresponsible master Of all men who
do business or who labor. r.
We contend that, equity power and
Jurisdiction discretionary govern
ment by the judiciary for well-de-
fined purposes and . within specific
limitations, granted TO the courts by
the constitution. has been so extended
that it Is invading the field OF governs
9ment by law and endangering consti-
tutional liberty; that is, the personal
liberty OF the individual citizen. AS
government by equity -personal gov
ment-advances, Republican gov-
ernment-government by law--re-
cedes. s. s..
We have escaped from despotio
government by the. king. We real
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