Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-06-16

The legal distinction between what
constitutes property and business
dealt with last week, and IN connee-
ion with which the declaration oil
JUDGE Moves was cited in the case OF
he National Fireprooiing Co. vs.
Mason Builders Association, is as
clearly SET forth is another important
ease.
Montgomery Ward & Company, oil
Chicago. applied for an Injunction n
tie Federal Court Of South Dakota
which would restrain the Retail Deaf
efs Association IRON maintaining 9
hovcott against manufacturers and
iobbers who sold to catalogue houses
IN refusing To issue such an in
junction. Judge Garland said in part:
aThe facts in evidence ON this hear
ing show that the retail dealers had
agreed among themselves that they
win not purchase merchandise from
Wholesalers and jobbers who sell to
catalogue or mail order houses; that
they have eorresponded with jobbers
and wholesalers stating that they
were opposed to wholesalers and job
bers selling to catalogue or mail or
der houses and have requested the
former not to sell to the latter.
8 That the retail dealers have a
lawful right to agree among them
selves that they will not purchase
merchandise from wholesalers and
iobbers 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 wholesalers and jobbers do
sell to catalogue and mail order
houses
Another judicial definition of the
distinction between property and
business is supplied by Judge Cald-
well Of the u. S. Circuit Court in the
case of Hopkins VS.. 0xley Stave Com
pany. In part he said:
"The 'irreparable damage suffered
In business by vanquished competi-
tor mt the hands of his successful
rival constitutes no cause of action,
either at law or in equity. 1t is the
result Of the law of competition, to
which all men are subject. They take
their chances and must abide the re-
suit, whether it brings fortune or
failure"
Let us examine the authorities and
legal definitions of what constitutes
property.
Property means the dominion of
indefinite right Of user and DISPOSE
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 and dispose of
any determinate object whether real
or personal"
English & American Encyclope-
dia of Law.
Property is the exclusive right
of possession, enjoying and disposing
of thing"
Century Dictionary.
"A right imparting to the owner
a power of indefinite user capable of
being transmitted to universal sue
eessors by way of dissent imparting
to the owner the power OF disposition
from himself and his successors"
(Austin Jurisprudence)
"The result and despotic dominion
which one claims and exercises over
the external things of the world in
total exclusion of the right of any
other individual in the world"
(Blackstone).
These definitions make it emphati-
eally clear that the employer cannot
have property right in the services
of employees. He cannot hold that
form Of ownership, for If he pos
sessed this right he could dispose of
| He paid Cash. secured no re-