Evening times-Republican., 1913-11-03
INCLINED TO APPLY OLD PRlN.
cIPLEs TO PREsENr.pAY
sENTIMENT.
IOWA DECISION rAkEs
PROGRESSIVE GROUNDS
Tendency Of Dig Corporations TO Do
Wrongs Which Ar Just Within Law
Must csass According to Decision
Written by Justice oayner and Ap-
proved by othsr Msmbsrs Of Court.
pecial to Times.Republican.

Special to Times.Republican.
Des Moines. Nov. 3.-Frank r. Gay
nor. Justice supreme court Of Iowa,
recorded himself at tho recent sitting
Of the court In an essay emitting him
to bo regarded az q progressive Of the
progressives. His opportunity came in
handling an appeal from Keokuk and
he gave voice. without equivocation,
breaking down ancient prejudices and
topping over familiar bulwarks Of
privilege. The case is interesting as
showing how the courts, by new ap-
plication Of old principles. are respond
ing to the will Of the people.
The case was one in which q furniture
company set out to destroy the busi-
ness Of q former employe who had set
himself up in business as dealer in GER
tain sewing machines formerly handled
by the company, and advertised in the
papers very low prices on the same
sewing machines. Apparently the COM
pany had purchased few second hand
machines and was using them more
for advertising purposes than to sell
to customers. A jury gave judgment
for damages to the agent whose busi-
ness was thus made difficult. The fur
niture company defendant shielded it
self behind the abstract rule that what
a man has a lawful right to do. he may
do, no matter what his motive may he,
no matter what injuries may result
from it, and yet not be called to answer
for his conduct.
Protects Weaker Men.
But Justice Gaynor, with Weaver.
Deemer and Withrow concurring, takes
different view and upholds the jury
in mulcting the big business and pro-
tecting the weaker competitor.
TT is not so difficult to know what
the law u.s." is the language Of the
decision, "as to know what is just
and fair and right application Of the
law to q given state Of facts. AS civil-
ization advances. and the social and
business conditions become more in
volved and complicated. when even
legitimate competition has become 80
strong that even honest men are
tempted to force their way beyond the
limits Of legitimate competition, the
law-which is rule Of civil conduct
for the government Of men dn their
social and business relationships
ought to keep pact with the new condi-
tions. The integrity Of the social Or
der. the stability Of business itself re-
Quires, and the law should require. that
every man conduct hnaelf in full rec
sognItion Of the fact that he 10 mem
Der Of that social order; that he not
only has rights. but has correspond
ing duties. and that the performance
Of those duties is as binding upon him
as q member Of the social order as are
the rights given to him.
"Men, as members Of organized So
ciety, under the law. have the right
to do certain things, but that right Is
restricted and limited by the duty Inn
posed upon them, not to exerise those
rights wantonly and wilfully to the In
jury of another. In the exercise Of the
law given right. the well being Of the
social order requires that each person
should exercise his right consistently
with the fact that he 10 member Of
the social order out Of which his rights
grew. While q person has the right
to pursue his avocations and his busi-
ness for his own pleasure and profit, he
has no right, directly OF indirectly,
to wilfully and maliciously injure an
other in his lawful business or occupa-
ton. Men have the right to engage In
lawful competition and tina the COM
petition may have the effect Of driving
another out Of business. II the COM
petition is lawful, no action arises. tho
injury resulted from the competition.
Where there Is lawful competition for
gain, for supremacy dn business, for the
the purpose and effect OF the competi-
ton is lawful and carried on in law
full way. no action will lie. There is
difference between lawful competition
and simulated competition carried on
with the sole purpose and intent. not
Of profit and gain. but Of maliciously
injuring others engaged in that par
ticular business.
Not Lawful Composition.
"The case before US does not present
case Of lawful competition, but a
case Of simulated or pretended COM
petition. designed and carried out with