the performance of social, moral, or legal duties-all come within the class of qualified privileged communications." In these cases, the only effect of the change of the rule is to remove the usual presumption of malice. It then becomes incumbent on the party complaining to show malice, either by the construction of the spoken or written matter, or by facts and circumstances connected with that matter, or with the situation of the parties, adequate to authorize the conclusion. Proof of express malice so given will render the publication, petition, or proceeding, libelous. Falsehood and the absence of probable cause will amount to proof of malice."1 38. Where a confidential relation exists between two persons, such as husband and wife, father and son, master and servant, and principal and agent, either will be privileged in communicating to the other information for which he has not asked. So, also, a father, guardian, or an intimate friend, may warn a young man against associating with a particular individual."* Though defamatory of a third person, information or direction given by the principal or employer to his agent or employe in good faith, and having relevance to the subjectmatter of the agency, will be conditionally privileged." And, upon like principle, the communication of an agent or servant to his principal or master, respecting the business of his employment, is privileged. Thus, where the cashier of a bank confides to a stockholder matter in reference to the solvency of one who was surety upon an official bond to the bank, the communication is privileged.” The relation of physician and patient and those in attendance is of such confidential nature that statements made by a physician giving a warning against a druggist's incompetency, or against a butcher on the ground that he sold bad meat, are privileged." 96 39. Slander of title to property is an unfounded publication that a person has no title to either real or personal property of which he is the owner." It may be committed orally, or in writing, or by printing, and must be made under such circumstances that the law will imply malice, or malice must be proved. Special damage must also be shown, such, for instance, that a bargain to sell land is lost. Unless the falsity of the words published, the malicious intent with which they were uttered, and a pecuniary loss or injury to the person owning the property be shown, the action cannot be maintained. If the alleged infirmity of the title exist, the action will not lie, however malicious the intent to injure may have been, because no one can be punished in damages for speaking the truth." CORPORATE TRUSTS AND LABOR COMBINATIONS 40. "There are many objects, of great value to man, which cannot be attained by unconnected individuals, but must be obtained, if obtained at all, by association.""" Whatever the motive and purpose of formation, the law recognizes the right of persons to associate in business and in labor. There is scarcely an occupation or branch of trade, from the largest to the smallest, that does not feel the exciting and invigorating influence of the instrumentality of association." DEFINITIONS 41. An association is an organized union of persons for a common purpose; synonymous with the term are companionship, fellowship, friendship, and society. 42. A corporate trust is a combination of individuals, partnership firms, or corporations, to control their several 96 60 Cal. 160 (1882); 108 N. Y. 445 (1888). 97 27 S. E. (N. C.) 109 (1897). 98 Daniel Webster's speech (Pittsburg, Pa., July, 1833). 995 Fla. 510 (1854). pursuits under one direction. It is essentially an agreement among producers and venders of certain commodities for their mutual protection and profit.1°° 100 The common device employed to form a corporate trust out of a number of corporations is the transfer of the stock of the several corporations to a central committee, or board of trustees, who issue in return certificates to the stockholders of all, entitling the holders to dividends or to a share in the profits of the combined business, the object being to enable the trustees to elect directors in all the concerns, to control and suspend at pleasure the work of any, and, thus, to economize expenses, regulate production, and destroy competition, or at least to control the latter. 43. A trades-union is a confederation of workmen of the same trade, or of allied trades, for the purpose of securing, by united action, mutual support, and protection, improvement of their industrial conditions, especially in the regulation. of wages and hours of labor. Tradesunions, usually, achieve their object by means of strikes, and incident to strikes are boycotts and picketing. Combinations of employers resort for their protection to lockouts and blacklists; trades-unions, also, frequently resort to blacklists. .44. A strike is a preconcerted quitting of work by workmen in order to compel an employer to accede to some demand; as an increase of wages, a change in the hours of labor, or in the mode of conducting the business, or to enforce some particular policy in the character or number of the men employed.11 45. A boycott,* in the popular acceptation of the term, is an organized effort to exclude a person from business = 100 The Forum, Vol. 8, p. 61. 101 58 N. Y. 573 (1874). *Origin of Boycott.-An idea of the real meaning of the word boycott may be gathered from the circumstances in which it originated, as narrated by Mr. Justin McCarthy. In his work entitled "England Under Gladstone," he says: "The strike was supported by a form of action, or rather inaction, which soon became historical. 1 relations with others by persuasion, intimidation, and other acts which tend to violence, and thereby coerce him, through fear of resulting injury, to submit to dictation in the management of his affairs.' 102 46. A lockout is a refusal on the part of an employer to furnish work to his employes in a body, intended as a means of coercion. A lockout of employes by employers is permitted by the law as part of the right of employers to conduct their business in their own way; however, if employes be working under contract and by a lockout the contractual relations will be violated, the lockout is illegal.1 47. A blacklist, in this connection, is a list of persons marked out for special avoidance, antagonism, or enmity on the part of those who prepare the list, or those among whom it is intended to circulate; as, where a trades-union blacklists workmen who refuse to conform to its rules, or an employer blacklists employes who have been discharged for neglect of duty or for other reasons.' 104 48. A conspiracy is an agreement or combination between two or more persons to do an unlawful act, or to Captain Boycott was an Englishman, an agent of Lord Earne, and a farmer of Lough Mark, in the wild and beautiful district of Connemara. In his capacity as agent he had served notices upon Lord Earne's tenants, and the tenantry suddenly retaliated in a most unexpected way by, in the language of schools and society. sending Captain Boycott to Coventry in a very thorough manner. The population of the region for miles around resolved not to have anything to do with him, and as far as they could prevent it, not to allow any one else to have anything to do with him. His life appeared to be in danger-he had to claim police protection. His servants filed from him as servants flee from their masters in some plague-stricken Italian city. The awful sentence of excommunication could hardly have rendered him more helplessly alone for a time. No one would work for him, no one would supply him with food. He and his wife had to work in their own fields themselves, in nost unpleasant imitation of Theocritan shepherds and shepherdesses, and play out their grim eclogue in their deserted fields with the shadows of the armed constabulary ever at their heels. The Orangemen of the north heard of Captain Boycott and his sufferings, and the way in which he was holding his ground, and they organized assistance and sent him down armed laborers from Ulster. To prevent civil war the authorities had to send a force of soldiers and police to Lough Mark, and Captain Boycott's harvests were brought in and his potatoes dug by the armed Ulster laborers, guarded always by the little army." 55 Conn. 76, 77 (1887). 1023 Railw. Corp. Law J. 561 (1888). 10377 Hun (N. Y.) 215 (1894). 104 Black's Law Dict. accomplish a purpose, lawful in itself, by means that are criminal or unlawful.' 105 49. Picketing is the act of trades-unionists in sending men to watch and annoy men in a mill or shop not working under the union; or the act of strikers in stationing some of their number at the premises to watch and annoy men who have taken their places, or to intimidate persons who desire to engage to work in their places. LEGALITY OF TRUSTS 50. A trust, as an incorporated association, having legislative permission to operate, and managing and controlling its affairs by its directors, is legal; but, by the federal antitrust act, every contract or combination, in the form of a trust or otherwise, or conspiracy in restraint of trade or commerce among the several states, or with foreign nations, also, every attempt to monopolize any part of such trade or commerce, is illegal." 106 51. A monopoly is the exclusive right, power, or privilege of engaging in a particular traffic or business, or the resulting absolute possession or control; any combination among merchants to raise the price of merchandise, to the detriment of the public. By the constitution of some states, it is declared that monopolies "are contrary to the genius of a free government, and ought not to be allowed." 99107 It is clearly intended by the federal antitrust act, before mentioned, to declare monopolies by combinations illegal. To constitute the offense of monopolizing or attempting to monopolize under that act, it is necessary to acquire, or attempt to acquire, an exclusive right in such commerce by such means as are adequate to prevent others from engaging therein.' 108 A monopoly exists where all, or nearly all, of an article of trade or commerce within a community or district is 1051 Wheel. Cr. Cas. (N. Y.) 142 (1823). 106 26 U. S. Stat. (1890), c. 647. p. 209. 107 Consts. Md., N. C., and Tenn. |