The labor world. [volume] (Duluth, Minn.) 1896-current, 1922-04-15
BY JOHN r.. FREY

connection with which the declara-
ton Of Judge. Moves, was cited in
the case of the National Fireproof-
ing Co. VS.. Mason Builders Associa-
ton. is as clearly set forth in: an
other important case. - Y
Montgomery, Ward & Company;
OF Chicago, applied for an &.injunc-
ton in. the Federal Court fof Soutl,
Dakota which. would restrain the
Retail , Dealers Association from
maintaining a boycott against man
ufacturers and jobbers who sold to
catalogue houses. r. Vs. -
Injunction, Refused ="
In refusing to issue such an in-
junction, Judge Garland said in
part: ,.-....t =, :: q.
1.-The facts in evidence on this
hearing show that the retail dealers
had agreed among themselves that
they will not purchase merchandise
from wholesalers and jobbers who
sell to catalogue or mail order
houses: that they have correspond
ed with jobbers and wholesalers
stating that they were. opposed to
wholesalers and jobbers, selling, to
catalogue, or mail order houses and
have requested the former not, to
sell to, the latter.%", = = That the
retail dealers have a lawful right~to
agree among themselves tn at they
will not purchase. merchandise from
wholesalers and jobbers who, sell to
catalogue. and mail order. houses,
cannot be. denied, and it necessarily
follows that they have the right to
inform each other as to what whole
salers and jobbers do sell to ,cata-
logue and mail order houses.;' -.
Another Definition ..~..
Another judicial definition of the
distinction between property and
business is supplied by Judge Cald-
we'll Of the U. S. Circuit Court in the
case of Hopkins vs. Oxley Stave
Company. In part he said: =, -,
'"The 'irreparable damage, suffer-
ed in business, by a vanquished com
petitor at the hands Of his success
full rival constitutes no cause Of ac-
ton, either at law or in: equity. It
is the result of the law of competi-
ton, to which all men are subject.
They take their chances and must
abide the result, whether it brings
fortune or failure" 49,.
Let US examine the authorities
and legal definitions Of what con-
stitutes property:
Property means the dominion of
indefinite right of user and disposi-
ton which one lawfully exercises
over particular things or. subjects,
and generally to the exclusion Of all
others. Property is ownership and
the exclusive right Of any person
freely to use. enjoy q md dispose of
any determinate, object whether, real
or personal" English & American
Encyclopedia OF Lawl..~ -z,r-.. sss-s, i,
Property is the exclusive right of
possession, enjoying and disposing
Of a thing Century Dictionary.
"A; right in1parting to the owner
a power Of Indefinite user capable
of being transmitted to universal
successors by Way Of dissent impart-
ing to the owner the power of dis
position from himself and: his sue
cessors.' (Austin Uurisprudence):
THE result and despotic domi-
MON which one claims and exercises
over the external things :.ot the
world In total exclusion Of the. right
of any other: individual. in the
world, (Blackstone). .:....-. ... ::
Employer Without Property Right
These definitions make it empha-
tically clear. that the employer can
not have property right in the SER
vices of employees: He cannot hold
that form OF ownership. for il he
possessed this right he: could dispose
of labor by selling the. workman's
labor power to someone else. -
He would have the right of hold
ing. the wage earner's services and
retaining them indefinitely. to- the
exclusion of the right of any other
individual. in the world: He would
have the power of transmitting this
own ership or PROPERTY, right to his
successors, or Of giving it as an lin
heritance to his heirs 4. y.
The definitions submitted: make 1t
clear that property is either a: pro-
dict. Of nature, or the results. Ac-
com plished by labor, and that-under
mo stretch Of the ina ination can
the wage Garner or: his services. be
construed as property. - NJ:
Labor and the: ca pacity to labor
is inseparable from life. It grows
or diminishes with health or SICK
ness; it ceases with a" death. : The
power and capacity Of the wage
Garner to labor cannot be the prop
erty Of another unless the employer
has a property right in the wage
Garner .. :" an ownership Of the
laborer's body which should be
slavery. ."z 49,; : ., i,
If patronage was property. a bust
ness concern could sell some OF, its
customers to another business con-
Germ and the customers . would be
compelled to deal exclusively with.
the firm to- whom their patronage,
had been sold. - y. -. -; ):
What Is business? -.s s. =. IS. ...s Siz
'That which occupies the - time,
attention and labor Of men for the
purpose OF livelihood or profit; that
which occupies the, time, attention
and labor of men for the: purpose Of
profit amd Improvement" (Ameri-.
can e. English Encyclopedias I. Of
Law.) ~ - Sd 7s...>a.s= y i .t 81
THAT which busies, or that which
occu pies the time. attention or, labor