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On the civic relations

Henry Holt · 1907 · Scanned text

247,552 words · about 17 h 20 min to read

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About this book

Author
Henry Holt
Language
English
Published
1907
Length
247,552 words · about 17 h 20 min
Sections
82 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public domain · PD-US by publication date

 

Contents (82)
  1. Front matter about 1 min
  2. Preface To The Third Edition about 3 min
  3. Preface to the Third Edition. v about 13 min
  4. Chapter I. — Society's Control of the Individual — Government i about 1 min
  5. Chapter III.— Right to Life 25 under 1 min
  6. Chapter IV. — Liberty 32 under 1 min
  7. Chapter V. — The Pursuit of Happiness 39 under 1 min
  8. Chapter VI. — Real Property 44 about 1 min
  9. Chapter VII. — Law of Real Property 65 about 1 min
  10. Chapter VIII. — Personal Property : 87 Evolution of Rights in It about 1 min
  11. Chapter IX. — Property as Capital 116 under 1 min
  12. Chapter X. — Competition, Monopoly and Industrial AND Labor Trusts 127 about 1 min
  13. Chapter XII. — The Law of Rights in Personal Property 148 under 1 min
  14. Chapter XIII. — Contract 152 As an Element in Civilization under 1 min
  15. Chapter XIV. — General Law of Contract 159 about 1 min
  16. Chapter XV. — Law of Contracts Concerning Personal Property 173 about 1 min
  17. Chapter XVI. — Law of Contracts for Personal Relations 190 about 1 min
  18. Chapter XVII. — Law of Some Quasi-Contractual Relations jgg under 1 min
  19. Chapter XVIII. — Personal Property 208 Schemes for Distributing It More Evenly about 1 min
  20. Chapter XIX. — Personal Property (Continued) 225 about 1 min
  21. Chapter XX. — Personal Property (Continued) 243 Schemes for Distributing It More Evenly (Continued) about 1 min
  22. Chapter XXI. — Personal Property (Continued) 265 Schemes for Distributing It More Evenly {Continued) about 1 min
  23. Chapter XXII. — Personal Property (Continued) 289 Schemes for Distributing It Alore Evenly {Continued) about 2 min
  24. Chapter XXIII. — Personal Property (Continued) 325 about 1 min
  25. Chapter XXV. — Money 359 General Considerations under 1 min
  26. Chapter XXVI. — Money (Continued) 366 Some American Experience about 1 min
  27. Chapter XXVII. — Money (Continued) ^go Needs for the Future under 1 min
  28. Chapter XXVIII. — Public Works ,gj. Extra-Municipal about 1 min
  29. Chapter XXIX. — Public Works (Continued) 420 Municipal about 1 min
  30. Chapter XXX. — Latest Aspects of Government Operation • • • 447 about 1 min
  31. Chapter XXXI. — Peculiar American Municipal Difficulties 473 about 1 min
  32. Chapter XXXII. — Recreations and Other Help to the Less Fortunate Capable 49° about 1 min
  33. Chapter XXXIII. — The Defective Classes 507 under 1 min
  34. Chapter XXXIV. — The Young; Education 517 under 1 min
  35. Chapter XXXV. — General Conclusions on the Sphere OF Government 523 under 1 min
  36. Chapter XXXVI. — General Considerations on Taxation 529 under 1 min
  37. Chapter XXXVII. — Indirect Taxes 539 under 1 min
  38. Chapter XXXVIII. — Indirect Taxes (Continued) 556 General Conclusions under 1 min
  39. Chapter XXXIX. — Inquisitorial Direct Taxes 562 Income and Inheritance Taxes about 1 min
  40. Chapter XL. — Inquisitorial Direct Taxes (Continued) . . 573 Personal-Property Tax under 1 min
  41. Chapter XLI. — Obvious Direct Taxes 586 about 1 min
  42. Chapter XLII. — Double Taxation 608 under 1 min
  43. Chapter XLIII. — Summary and Conclusions on Taxation. 615 about 1 min
  44. Chapter I about 27 min
  45. Chapter II. Of Rights In General about 5 min
  46. Chapter III. Right To Life about 9 min
  47. Chapter IV. Liberty about 10 min
  48. Chapter V. The Pursuit Of Happiness about 6 min
  49. Chapter VI Real Property about 33 min
  50. Chapter VII. Law Of Real Property about 34 min
  51. Chapter VIII. Personal Property about 45 min
  52. Chapter IX. Property As Capital about 41 min
  53. Chapter XI. Rights In Natural Monopolies about 10 min
  54. Chapter XIII. Contract about 30 min
  55. Chapter XV. Law Of Contracts Concerning Personal Property about 38 min
  56. Chapter XVII. Law Op Some Quasi-contractual Relations about 14 min
  57. Chapter XVIII. Personal Property about 25 min
  58. Chapter XIX. Personal Property (continued) about 26 min
  59. Chapter XX. Personal Property (continued) about 1 h 11 min
  60. Chapter XXII. Personal Property (continued) about 56 min
  61. Chapter XXIII. Personal Property (continued) about 49 min
  62. Chapter XXIV. Preliminary Survey about 2 min
  63. Chapter XXV. Money about 10 min
  64. CHAPTER XXVI. MONEY (continued) about 20 min
  65. CHAPTER XXVII. MONEY (continued) about 17 min
  66. Chapter XXVIII. Public Works about 42 min
  67. CHAPTER XXIX. PUBLIC WORKS (continued) about 39 min
  68. Chapter XXX. Latest Aspects Op Government Operation about 38 min
  69. Chapter XXXI. Peculiar American Municipal Difficulties about 24 min
  70. Chapter XXXII. Recreations And Other Help To The Less Fortunate about 24 min
  71. Chapter XXXIII. The Defective Classes about 15 min
  72. CHAPTER XXXIV. THE young; education about 9 min
  73. Chapter XXXV. General Conclusions On The Sphere Of Government about 8 min
  74. Chapter XXXVI. General Considerations On Taxation about 14 min
  75. Chapter XXXVII. Indirect Taxes about 24 min
  76. Chapter Xxxviii. Indirect Taxes (continued) about 8 min
  77. Chapter XXXIX. Inquisitorial Direct Taxes about 17 min
  78. Chapter XL. Inquisitorial Direct Taxes (continued) about 19 min
  79. Chapter XLI. Obvious Direct Taxes about 44 min
  80. Chapter XLIII. Summary And Conclusions On Taxation about 12 min
  81. Chapter XLIV. General Summary And Conclusions about 12 min
  82. Index about 1 h 11 min

Continue:

Front matter

Class jt\^_Lli

Book 4

Goi)yriglrtN"_^\i^3

Preface To The Third Edition

While this book is, in one sense, a third edition of my "Talks on Civics ", it is really, in many important differences and additions, almost a new work. Among the peculiarities, not to speak of the defects, under which the earlier editions labored, was the catechetical form, of which I expressed my divStrust in the first preface. That form was adopted largely because the work was aimed at very young pupils. Before it was finished, I became convinced, as stated in a note to the earlier editions, that the aim was not one suited either to the greatest possible usefulness of the book, or to the capacity of the author. Both in regard to the aim, and to the catechetical form, this conviction was supported by many readers, and in consequence I have rewritten the book. The rewriting of course has led to many differences of detail ; and the growth of my owm convictions, as well as the astonishing development during the past few years in many of the matters treated, and the increase of topics demanding treatment, have combined to make the work, as already stated, in many particulars a new one. So rapid has been the development in some particulars, as almost to render them unfit for treatment in a book, and to make it impossible to keep pace with them except in the daily and periodical press. Each proof and each revise has clamored for insertions, and I go to press neglecting important matter that has appeared since my copy, and also my revises, went to the printer. I must even beg the reader's charity for some incon-

iii iv Preface to the Third Edition.

sistencies that must have escaped me between matter coming after the original draft, and matter contained in it.

Notwithstanding the space saved by doing away with question and answer, this edition is more than a hundred and fifty pages longer than the preceding one. The added matter contains its share of the sort of repetitions that were confessed, and I hope justified, in the preface to the first edition. Most of it relates to "the labor question", socialism and municipal trading, and will be found principally in Chapters XIX-XXII, and XXVIII-XXX.

I confess, not quite without shame, to having, in the earlier editions, handled the first of those subjects very briefly, and with gloves; the excuse, such as it was, being that whatever good the book might do, would be put out of the reach of common-school pupils by "Labor" influences. Having come to reahze, however, before the book was finished, that it had grown unavailable for such pupils, in this edition I have entirely abandoned the attempt to adapt it to them. Yet there may be places where enough of the earlier tenderness for the juvenile mind has survived, to demand my humble apologies to the dignity of the undergraduate. But a much stronger reason for the changes regarding the subjects mentioned, was their growing importance. In the six years since the second edition was published, the "labor question" has become, notwithstanding the graft in corporations, the leading question of the time. I am sorry that my limits do not permit even a fuller treatment of it, but less sorry than I should be if I could not refer the reader for fuller information to so admirable a book as the ' ' Labor Problems" of Prof. T. S. Adams and Miss Helen L. Sumner. Despite the strange showings of figures which I have alluded to on page 252, and despite some other matters which I cannot endorse, Professor Adams's chapter on Strikes and Boycotts surpasses anything on the subject which I know. The book has appeared since the last edition of this one, and has done not a

Preface to the Third Edition. v

little to furnish me material for hope that this edition may be an improvement.

What I have found to say regarding the right to stop work and the right to strike, tho not entirely novel, and tho somewhat anticipated even by court decisions, has nevertheless pla^yed so small a part as yet in discussions of the subject, that I cannot help regarding it as well worth saying. I am also vain enough to hope that the additional matter regarding socialism may do a little to clear up in some minds that inevitably foggy subject, or at least to show why it is inevitably

foggy-

The book is of course ''second-hand": to write from original investigation in so many fields, would be impossible: for even if life were long enough, while an author would be investigating one department, those previously gone over would grow beyond him. The utmost possible is the exercise of reasonable care and discrimination in choosing authorities. This I have striven for, but I have not made any attempt like those which I have sometimes been uncharitable enough to suspect in others, to make the book appear more learned than it is, by bothering the reader with citations of authorities for all the statements.

Tho disliking excuses, I will allow myself the one afforded in this connection, for not having taken the trouble to hunt up the names of law cases when they were not given where I found the substance of the decisions. A book intended primarily for undergraduates and general readers, does not need details required only by the profession and investigators. One of the critics of an earlier edition was at the pains to inform his readers that its treatment of law topics can be of little use to the profession. It will also be of little use to students of Chinese. Perhaps, however, I may be excused for saying that other critics (I do not know whether of equal authority) have said that the book contained a good introduction to the study of the municipal law. Whether it did or not, this edition contains a better one, largely due to the friends named vi Preface to the Third Edition.

below. I have also gleaned a few new points from Professor Burdick's "Essentials of Business Law."

I am indebted for various valuable criticisms of the earlier editions to Professor Daniels, Judge Baldwin, and Messrs. Samuel Huntington and Ralph Curtis Ringwait of the New York bar.

My obligations to other writers not consulted for the earlier editions, are, I believe, all acknowledged in the body of the work.

I am glad again to name Mr. Neu, and to express my continued obligation for his admirable proof-reading, and for help in the cross-references and index.

I crave the reader's consideration for the reasons set forth in the preface to the first edition, why the work is a considerable departure from previous works in the same field.

H. H.

New York, March 29, 1907.

FROM THE PREFACE TO THE FIRST

EDITION.

THE MOTIVES.

This book was written in the hope of doing a Httle something to develop in young people the character of mind which is proof against political quackery — especially the quackery which proposes immediate cures by legislation for the abiding ills resulting from human weakness and ignorance. Since the Civil War, America has been cursed by such proposals probably more* than any other country ever was. What beneficent institutions we have, have all been evolved through the long and painful struggles which have at the same time evolved character and morality. If Nature's ways are plain in anything, they are plain in showing that it is only for such prices that she yields such rewards. And yet of all our hard-bought institutions, there is scarcely one, from a stable currency down to the very right of accumulating property, that has lately escaped a strong attempt to overthrow it, and to substitute for it some invention of the moment — or rather some invention bearing a name of the moment, but being really a form of some protean error as old as history.

As these errors all propose to get along faster than Evolution, they would of course be impossible to a mind habitually recognizing the law of Evolution. Yet that law has not even been named, so far as I can recall at the moment, in any of the American elementary books

vii viii From the Preface to the First Edition.

on civic subjects that I have been able to get hold of.* This may not in all cases be due to neglect, but sometimes to the conviction that it is useless to present the subject to the young. My view is more hopeful, and this book is, perhaps more than anything else, an attempt to saturate young people's minds with the realization that social institutions are evolutions, and therefore (I) that they can no more be modified by laws or votes or any other manifestations of human will than plants or animals can ; but (II) that they can be modified as much as plants or animals can, tho only by the same means — careful study of their life-histories and habits, and cautious efforts in accordance with the proved conditions of their well-being; and (III) that they will be vitiated or destroyed by forced or ignorant treatment'

This is why I have spent so much time over such topics as early land-tenure and the relations of status and contract — in short, over the archaeology of the subject. I want to give the pupil a consciousness that enduring institutions are growths, and do not spring up responsive to any magician's wand, be it in the hands of Mr. Altgeld, Mr. Bryan, or even so good a man as Henry George — I want to accustom him, when any method is presented for his vote, to ask: Has this thing roots.'*

A second motive for the book was to place before American youths at least one text -book that should not claim that our constitutions — state and national, present the final word of human wisdom. Perhaps the admission of notorious defects will bring upon the book charges of lack of patriotism, yet it is not written in a pessimistic spirit. The pessimist generally despairs because achievements fall short of ideals: the wise man compares, rather, what he and his have achieved, with what others have achieved. Our government may not be the best, but we are too near the best to despair. But if our government is ideally good already, why bother to teach

* There is abundant illustration of Evolution in Mr. Fiske's " Civil Government in the United States ", but I believe the word is not even mentioned, perhaps because of the theological prejudices prevailing so far back in the dark ages as ten years ago.

From the Preface to the First Edition. ix

anything about it ? : it can take care of itself ; and in fact, until lately, our people have generally been taught to leave it to do so.

A third motive of the book has been to get some teaching on our constantly recurring quCvStions of money, land-tenure, distribution and taxation, into some places where Economics are not usually taught, and also to get into some places where Economics are taught, a fuller treatment of those four topics than is usually given.

A fourth intention has been to spread a just conception of Contract, The absence of such a conception is at the root of most of the labor troubles, not to speak of private breaches of faith.. Those who realize the importance of the subject will not be impatient with the rather protracted and abstract discussion that prefaces the treatment of the laws relating to it.

In time the pupil will, as a voter, need to make up his mind on many hard subjects — so hard, some of them, that for his conclusions, or anybody's, to be taken seriousl}^, seems almost ridiculous. But I am not sure that just that fact is not the most important of all that I want him to appreciate — the fact that in broad civic questions, the wisest man can only feel his way — as Lincoln did: and that of all pests for the voter to avoid, the chief is the man with a scheme — be it silverism, greenbackism, grangerism, socialism, communism, anarchism, or (I am tempted to add) protectionism and militarism, but sometimes there are circumstances justifying these two.

This attitude regarding a scheme may seem inconsistent with my close approach to recommending one regarding taxation. But that approach is only incidental to an effort to trace the indications of Evolution. If our men of schemes would honestly restrict themselves to such efforts, they would be less dangerous.

I have hoped to add life, as well as significance, even at the cost of interruptions, by frequent comparisons of early conditions with present ones.

I have not hesitated to repeat — even to repeat often, where the topic seemed worth iterating or presenting

X From the Preface to the First Edition.

from several sides. The significance of the matters here treated is not as plain as that of the multiplicationtable, which needs to be presented but once.

THE MATERIAL.

From the unlimited range of topics embraced in civic relations, how to select the little bookful best adapted to the needs of the average American youth, is a hard problem. Probably the authors of some of the other text-books would be more puzzled to find good reasons for my selections, than I am for theirs. They generally give much more attention than I do to the anatomy of the government — state minutely all the offices, national, state and local, and not only the qualifications legally required for them, but even for voting for them. Now most of these things, so far as they affect a vote, the voter, as he grows up, is pretty sure to learn from the world; and so far as they do not affect his vote, they must be relegated to the vast domain of useless knowledge— unless indeed he aspire to be, as a politician, something more than a mere voter. The few boys, however, who have this spark of aspiration, get it from the altar of genius, even if it be genius for nothing higher than running a primary: and genius teaches itself.

A man who tries to judge broad questions by details is not going to get anywhere : they involve too inany details : he can compass but a small part of them, and is in danger of getting the wrong ones and missing the right ones. Broad questions can only be judged on broad principles. Then, it might be asked: Why expect the man of ordinary attainments to judge them at all? I never have been able to find out why ; but inasmuch as a vote has been given him, that responsibility has been laid upon him, whether he is fit for it or not. Well, with a fatuity equal perhaps to that which gave him the vote, I have tried in this little book to give him some notion of the broad principles on which the vote should be used. If Ethics — the profoundest and vaguest of all

^ From the Preface to the First Edition. xi

sciences, is taught in some shape from the cradle, is it plain that problems of Civics need be entirely neglected in all shapes, during adolescence? Frankly, I do not expect to teach very much about them : but I do hope to give such a' notion of how some sound principles look from the outside, that the voter can tell whether they are recognized or not by those who seek his suffrages, and give his vote accordingly.

And yet I am far from believing that all of even this little book can have much meaning, before it is illuminated by experience. I do believe, however, that much here which may be memorized as little more than dogmatic statement, will gain meaning from day to day, until it becomes significant ; and I have even some hope that if the desperate experiment fails with the young, the labor may be rewarded by clarifying to some maturer minds a grave problem or two, through the same courses of thought (even if borrowed thought) that have, I assume, clarified them to my own.

It may seem inconsistent with the foregoing talk about broad principles, that the book includes some groups of such specific rules of the Municipal Law as a layman ought to know and might have to learn at his cost in ordinary business experience. Not only, however, do I think that their value makes them a justifiable part of the only teaching of civic relations that many of my hoped-for readers are apt to get, but I have tried to put even such matter in such a way that it will do its share in impressing the main lesson of the book — the evolution of all the elements of social order, especially the inevitably imperfect evolution of some of the most important elements — "the glorious uncertainties of the law ".

The original design included a second part, on the Evolution of Government, to be issued in the same volume with the first. The first part, however, as is usually the case, outran expectation; and as it has a certain completeness in itself, and is long enough to take up the time given in the majority of classes to the subject, and especially as it contains most of the xii From the Preface to the First Edition. ^

''practical" matter contemplated in the entire scheme, it has been thought best to publish it without waiting for the completion of the second part ; and perhaps to let the completion of that part depend upon the reception accorded to the very uncertain experiment as tried in the present volume.

Although in this part the evolution of several institutions has been considered, the evolution of government in general has not. The intention for the second part, has been not only to give an account of that, but also, as a natural concomitant, to give a fuller idea of the structure of government, tho substituting for much of the detail usually given in books for the same grade of pupils, some of the criticism and suggestion usually avoided.

I let the foregoing paragraph stand to emphasize this one. Since that one was written, I have reread the ' ' Civil Government in the United States", by my lamented friend Professor John Fiske, and I realize more fully than I did in m}^ first reading, that it is in many respects what, while writing my first part, I have come to intend my second part to be. If I ever carry out that intention, it will be because of the other respects, and especially because of a desire to reach minds less mature than perhaps Mr. Fiske 's book can reach.

Meanwhile, and perhaps afterwards (if there ever should be an afterwards), Mr. Fiske's iDook may be regarded as the best one known to me for supplementing what I have tried to do here.

AUTHORITIES.

In addition to some of the older authorities which are already matters of course, I am specially indebted to the following, most of which are rapidly becoming matters of course, if not so already. I let the list grow larger than is usual in acknowledgments, in order that it may serve as a brief bibliography for the use of teachers.* — The late David A. Wells's

* I permit this to stand, tho the present edition is intended for a grade of pupils whose teachers will know more of the bibliography of the subject than I do.

From the Preface to the First Edition. xiii

"Recent Economic Changes" and "Theory and Practice of Taxation ",* Professor Mayo-Smith's "Economics and Statistics ", President Hadley's "Economics ", Professor Adams's "Finance", Professor Daniels's "Elements of Pubhc Finance", Professor vSeligman's books on Taxation, Mr. Shearman's "Rational Taxation", Judge Baldwin's "Modern Political Institutions", Mr. Mallock's "Labor and the Popular Welfare" and "Classes and Masses ", Professor Goodnow's "Municipal Problems ", Doctor Shaw's books on Municipal Government, the valuable quarterly on "Municipal Affairs" published by the Refonn Club, especially Dr. Maltbie's number on "Municipal Functions", and Mr. Godkin's "Problems of Democracy" as well as The Nation from the time he founded it. A word of acknowledgment is also due to the excellent articles on Civic questions in Johnson's Cyclopaedia.

Among elementary books for pupils, I have found help in Mr. Raleigh's admirable little "Elementary Politics" (which, unfortunately for us, Avas written for England), Professor Robinson's "Elem±entary Law", Professor Bolles's "Commercial Law ", the summary of Municipal LaAV in Mr. Young's "Government Class Book", Mr. Fiske's "Civil Government in the United States " (tho its field is very different from that of this volume), and in several features of Mr. Martin's "Civil Government". His summary of the "Establishment of Liberty in England" (of course not touched in my present volume), seems to me a little gem, tho possibly rather condensed for the young pupil. I have also found Mr. Ford's "American Citizen's Manual" and Mr. Bartlett's "What I ought to know about the Government of my Country" handy for quick reference.

* Two real books that ought to be read by every human being old enough and civilized enough to understand them; this, too, in spite of the fact that the latter was largely written during the lamented author's last illness, and therefore lacks the terseness and vigor of his earlier work. It appeared after the chapters on taxation in this present volume were written, but it was still possible to inject from that work much of whatever good they may contain.

xiv From the Preface to the First Edition.

If I have done what I have attempted, avS well as these authors have done the very different things which they attempted, I ought to be content.

My hearty thanks are due to Mr. Theodore Neu for rare intelligence, interest, and suggestiveness in reading the proofs and preparing the index.

I am also under very great obligations to Professor Goodnow for reading the proofs, and for calling attention to errors. Of course he is not responsible for those which remain. I shall be similarty grateful to any one pointing out any of them.

Preface to the Third Edition page iii

From the Preface to the First Edition vii

PRELIMINARY SURVEY.

Chapter I. — Society's Control of the Individual — Government i

Sec. I. Introductory. 2. Social Influence and Control : 2 (a), through the Family; 2 (6). through Public Opinion; 2 (c). through Imitation; 2 (d). through Education; 2 (e) . through Government. 3. Civic Relations Defined. 4. Government's Functions Illustrated. 5. Government's Functions Classified. 5 (a). Protection of Rights. 5 (b). Promotion of Convenience. 5 (c). Taxation. 6. Some General Results of Bad Government. 7. Responsibility for Bad Government. 8. Good Government Requires Intelligence, Character and Effort. 9. Extent of Government's Influence. 9 (a). Illustrated by Money-

Geographical Divisions of Government.

Sec. 10. Each Citizen Lives under Several Governments. II. Overlappings of Local Governments. 12, Functions of Local Government. 13. Of County Government, 14. Of State Government. 15. Of National Government. 15 (a). Sovereignty.

DeparUnents of Government.

Sec. 16. Legislative, Judicial, Executive. 17, Sources of Government. iS. The Three Departments Illustrated in Civil and Criminal Suits. 19. Legislative, Judicial and Executive Functions in Local Government. 20. The Functions in Counties. 21. The Three Functions in States. 22. The Same Functions in the Nation.

XV xvi Contents.

Chapter II. — Of Rights in General 21

Sec. 23. Rights Impose Duties. 24. "Greatest Happiness" Principle and its Application in the Three Kinds of Law. 25 Rights and Duties Imply Each Other. 26 Rights Classified.

Chapter III.— Right to Life 25

Sec 27. The State's Claims. 28. Humanity's Claims. 29. Professional Claims. 30. Life and Work. 31. The Right to "Work 31 (a). Subject Only to the State. 31 {b). Picketing and Boycotting. 32. Duties Conditioning the Right to Work. 33 Society's Alleged Duty to Provide Work. 34. The English Poor Law and the French Workshops. 35. PubUc Charity.

Chapter IV. — Liberty 32

Sec. 36. Boundaries of Liberty. 37. Barbarian Liberty and CiviHzed Liberty. 38. Duties Balancing Rights to Liberty. 39. State's Right to Restrain Liberty. 40. "Eternal Vigilance." 41. Constitutional Defences, Bill of Rights. 42. The Man with a Pull. 43. Freedom of Opinion. 44. Laws Threatening Liberty.

Chapter V. — The Pursuit of Happiness 39

Sec. 45. A General Term for Many Rights. 46. Restricted, as All Rights are. 47. The Right to Work Involves Rights of Property and Exchange. 47 («)• Limited, like All Other Rights. 48. The Rights to Work, to Property and of Exchange Involve Rights to Contract 49. and to Reputation. 50. State does not Furnish Means to Happiness, but Only Rights to Work for Them. 51. Evolution of Property Rights. 51 (a). Their Sources — Raw Material, Labor, Ability.

Chapter VI. — Real Property 44

Sec. 52 . Land and Sea the Source of Raw Material. 53 . Early Conditions. 54. Communistic Ownership. 55. The Feudal System. 55 (a). Why an Advance on Communism. 55 (b). When Established. 55 (c). Evolution of Hereditary Feudal Relations. t55 {d). Guardianship, Disposal by Marriage. 55 {e). Domesday Book. 56. Evolution of Private Ownership. 56 (a). Scutage. 56 (6). Leases for Labor. 56 (c). Money Commutation of Labor Leases. 57. Land-tenure in America. 58. Land-tenure Similar among All Peoples of the Same Grade. 59. Private Property in Land a Great Stimulus to Ability. 60. The Strong Man's Chance Not at the Expense of the Weak. 61. Proportion of Private Owners Increases with Civilization. 62. Landowners the Best Guardians of Government, 63. and the

C Clients. xvii

Most Thrifty Citizens. 64. Exaggerated Claims from the Foregoing Advantages. 64 (a). The Right to a Home. 64 {b) . The Right to a Living. 65. Land Valueless to All but Able Men. 66. Proposed Reversion to Government Ownership. 67. Landowners Support the Government under Either System.

68. Some Advocate Robbery, which would Disappoint Them.

69. The Only Way to Help the Poor is to Help Them Help Themselves. 70. The Moral Arguments — Original General Ownership. 71. Attempt to Remedy Injustice Sometimes only Increases It. 72. Performing Duties of Ownership Breeds Rights of Ownership. 73. Ri;^hts in Improvements. 74. The Unearned Increment. 74 (a). Not Characteristic of Land Alone. 75. All Schemes to Abolish Private Ownership are Retrogressive. 76. Private Property in Land of Universal Importance. 77. Rights in Land Limited like All Rights. 78. Rights of Eminent Domain.

Chapter VII. — Law of Real Property 65

Sec. 79. The Law in General. 80. Real Estate and Personal Property. 81. Laws Protecting Ownership. 81 (a). Damages for Trespass. 81 {h) . Right of Ejectment. 82. Laws Affecting Transfers. 82 (a). Livery of Seisin. 82 (h) . Statute of Frauds Requiring Written Evidence of Transfer. 82 {c) . Contracts of Sale. 82 {d) . Deeds. 82 {e). Seal and its Effect. 82 (/). Essentials of Deeds. 82 (g). Dower and Courtesy.

82 {h). Value of Established Forms. 82 {i). Registry. Title-search. 82 (j). Judgments. 82 {k). Statutes of Limitations. Prescriptions. Appurtenances. 82 (/). Title Insurance. 82 (w). Clouds on Title. 82 {n). Delivery of Deed. 83. Mortgages.

83 (a). Bonds. 84. Leases. 85. Rights of Third Parties Regarding Registry. 86. Effect of Fraud. 87. Land Differs from Negotiable Papers. 88. Technical Meaning of "Estate" in Land. 89. Rights under Estates for Years. 89 (a). Repairs. 89 (6). Subletting. 89 {c) . Termin ability, Notice. 90. Rights under Life Estate. 91. Under Estates at Will. 92. Appurtenances. 92 (a). Party Walls. 92 {h) . Land beside Roads. 92 (c). Land by Water. 93. Restrictions. 94. The Torrens System.

Chapter VIII. — Personal Property : 87 Evolution of Rights in It

Sec. 95. Product Varies with Abilitv. 95 (a), even the Product of the Lowest Laborers. 96. Difficulty of Adjusting Rights between Ability and Labor. 97. General Functions of Ability. 97 (a). The Civilized Man Loses the Savage's Independence. 97 (6). Things Made to Embody Thoughts. 97 (c). Averages and Ability. 97 {d). The Lower Depends on the Higher. 97 {e) . "Finds Work." 97 (/). Increases Product. 97 {^)- Saves Waste. 98. Detailed Functions of Ability.

xviii Contents.

98 (a). Prophesying Wants. 98 {h). Raising Capital. 98 (c). At the Works. 98 {d) . Outside of the Works. 99. Popular View of the Enterpriser. 100. Divisionlof Labor. loi. Few Men can Conduct Large Enterprises. 102. Ability Outside of Tangible Production. 103. "The Great Industry" Cheapens Product. 104. Enterpriser's Income Not at Expense of Labor. 105. Invention and Evolution. 106. Labor Abounds in Poorest Countries. 107. The Enterpriser must Pay Good Wages. 107 (a). Often in Bad Times. 108. Where Ability's Reward does Come from. 109. Production Not All by Hand. no. Destruction of Bad Economics. in. Values Depend on Sound Morals. 112. Paradoxes of Distribution. 113. Paradoxes of Opinion. 114. Why Returns of Labor are Nearly Fixed. 115. Why Those of Ability Vary Widely. 116. Capital's Return More Like Labor's than Ability's. 117. Ability cannot Waste Time and Strength in Grinding Labor or Capital. 118. Capital and Labor Powerless without Ability. 119. The Rates of Division. 120. Enterprisers Generally Get Less than Nothing. 121. Handworkers of Special Ability. 122. Property Not All Tangible. 123. Comparative Profits in Different Fields of Ability. 124. Why so Few have Great Ability. 125. Discovery of the Foregoing Truths. 126. Ability Increasing. 127. Suum Cuique. 128. Minimum Wage and Sliding Scale. 129. No Lack of Opportunity. 130. But Few Able to Embrace It. 131. Is Inequality of Fortune Right? 132. Evils have their Uses.

Chapter IX. — Property as Capital 116

Sec. 133. As Much Entitled to Government's Protection as Wages. 134. A Man who can Use Money can Hire It. 135. What Capital Consists in. 136. Rent. 137. Interest. 138. Usury. 138 (a). Laws against It Useless. 138 (6). Disappearing from Enlightened Communities. 138 (c). Hard on Borrowers. 139. Needs for Associating Capital. 140. Incorporations. 140 (a). As Affecting Liability. 140 (6). Perpetuity. 140 {c). Stocks and Bonds. 141. Large Corporations Not All Owned by the Rich. 142. Irresponsibility of Corporations. 143. Very Small Corporations Undesirable. 144. Why Labor Hates Corporations. i4S- Danger of Monopoly.

Chapter X. — Competition, Monopoly and Industrial AND Labor Trusts 127

Sec. 146. Rights of and to Competition. 147. Hated by the Lazy and Stupid. 148. Benefits Illustrated. 148 (a). In Domestic Convenience. 148 (h) . In Travel. 148 (c). In Commercial Traveling. 148 [d). In Regulation of Prices through Demand and Supply. 148 {e). Minor Exceptions. 149. Evils in Competition. 149 (a). Suppressing Incapacity not among Them. 149 {h). Nor is Poverty. 149 (c). But Wastefulness is. 150. Public Seldom Gainer by Wasteful Competition. 151.

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