Evening star., 1938-01-09

"HE present controversy regarding
monopolies would be more clearly
understood II we would compare the
legal basis of feudalism with that
Of the modern corporation.
The legal mechanism by which the
barons of the feudal system increased and
perpetuated their great estates, which grad
ually concentrated wealth and power into
fewer and fewer families, was by the purely
artificial and simple device known as the
law of primo -geniture and entail. This
legalized system by which property was
transferred from eldest son to the eldest
son down through the generations. so
multiplying the family holdings until vir-
tually a potential land monopoly was es-
tablished by less than 500 families in
England alone. In time this system gradu-
ally built up clearly stratified leisure
class that had the resources to develop
a culture that fascinated the rapidly null
tiplying propertyless people.
Interpretation Of "Person"
Thanks to our founding fathers, our re-
public discarded this legal device of primo,
: geniture and entail as a special privilege,
which, II. permitted, would have cursed
our land, as it has cursed Europe.
If any one thinks that the word "per-
SON. in the fifth amendment Of our
Constitution meant anybody or anything
else but human being, challenge them
to produce scrap of written or printed
evidence to support such a. betrayal Of
the intent, purpose and understanding Of
the word by its authors.
Yet. strange to say, the legal mechanism
by which the corporations today have
secured their special privileged status in
American economic life has been by an
apparently innocent and simple method
the expedient in interpreting the word
person" to mean a corporation While
only legal fiction, they are now entitled
nevertheless to equal rights before TIL
law with the natural man. So that in
stead of corporation being a subject
amenable to the will and control Of the
natural person." the sovereign power In
. democratic republic. we find this artif-
cial and highly multiplied person enjoy
ing an equality with the sovereign citizen.
This gives the corporate "Frankenstein"
degree Of power and freedom of action
inconsistent with the equal rights and
opportunities Of his creator, the individual
citizen.
Feudalistic "Class Breeding.'
Thus, by this subtle legal mechanism,
the corporate system has regained the
class breeding and feudalistic power to
multiply down through the generations and
gradually concentrate production, popu-
lation and wealth in restricted industrial
areas. This it does in such a way that
free enterprise and competition Is fast
disappearing e1nstead of land monopoly
and aristocracy we beget an industrial
monopoly and aristocracy.
In the name of efficiency, corporations
expect the natural man to surrender his
natural rights and liberty. At the same
time their hypocritical spokesmen defend
their privileges against criticism by wrap
ping the American nag around them and
crying to the heavens their fealty to indi-
vidual enterprise. free competition and
equal opportunity, while these are the
very principles they are themselves betray-
ing! No wonder the average man is con-
fused and bewildered!
However, business" like land" will
not disappear
But the legal method by which both
have evolved monopoly and aristocratic
power and class-stratifying conditions will
be corrected in the future, as 1t has been
IN the past. An enlightened individualism
will eventually understand and solve this
important problem.
WILLIAM TOBIAS BUTLER.