First of all, they point out, there is the rent-taker. But for the labor of these men (assumed to be underpaid, etc.), there would be no return out of which to pay rent. For the mere fact of ownership, which in itself may not stand for any addition to the ground's productive capacity, these men are allowed to take a part at least of what would be necessary to raise the condition of the men producing the wealth to a just standard. Therefore, because the rent-taker seems to receive the most gratuitous benefit from the employee, the duty of the employer devolves first upon him. If the employer fail, wilfully or not, to fulfill his duties to his men, then they become binding upon the rent-taker.

Should he, too, fail, the laborer still has a claim. There is another very important sharer in distribution—the interest-taker. It is true that the product is the joint result of labor and capital. But when there is the case of anonymous, impersonal capital receiving interest, and living, breathing, human machines being under-fed and unprotected, then humanity's claims supersede those of capital.[9] The inalienable rights of the laborer, which Cardinal Capecelatro has so excellently summarized, replace the alienable rights of the individual capitalists based upon the mere possession of property. The interest-taker is bound to give even the whole of his share to maintain a just standard of wages, etc. And this principle is admitted in civil law by making wages a first lien upon the product and exempting wages from legal action.[10]

But if the interest-taker, also, be unwilling to fulfill his duties, there is still an economic element upon which the laborer has a claim—the Consuming Class. Production on a huge scale, the interposition of wholesalers and middlemen of all sorts, shopping by mail or telephone, should not disguise the fact that the Consuming Class are really employers. It is only in an indirect way, it is true, but still a real way for all that. If the direct employer, the rent-and interest-taker refuse or are unable to perform their duties, then (leaving aside the legislature for the present) these devolve upon the Consuming Class in so far as they benefit by the laborer's work.

This argument for the obligation of the Consuming Class is based upon the devolution of duties. Here it may appear new and strange, because applied to a new field, but it is admitted elsewhere as beyond contradiction. If, for instance, parents will not or cannot support their children, then the grandparents have just as real a duty towards them as if they were their own immediate children. And if they, too, neglect this duty, then it devolves upon collateral relatives until finally it falls on mere neighbors.

Likewise, the Consuming Class, it is claimed, if those whose duty is prior to theirs refuse to perform it, must fulfill the duty that has devolved upon them. The rent-and interest-taker may be unjust to the employee and to them, but that is not a valid excuse.

The same principle, though arrived at by a different process of reasoning, underlies the dictum, coming to be more and more recognized by legislators and economists, that the costs of production should be borne by the Consumers. That is to say, that the risks of professional hazard and accidents due to the carelessness of fellow-servants have been transferred from the employee to the employer. Naturally then, the employer compensates himself out of the price.

II. This question of the duty of the Consuming Class towards the men who make or sell the goods they buy, may be viewed from another angle than that of the devolution of duties or the obligation of indirect employers. Leaving out of consideration the idea of indirect employer, it is further contended that the Consuming Class, simply as purchasers, may be guilty of injustice in another sense.

For what are the duties of the buyer? To pay the true "value" of an article.[11] And what determines the true value of an article? Not necessarily the price.

This may be fixed by law, as is the case with bread in many large cities. A loaf of a certain weight must be sold for five cents. Or we may have the natural or market price, which is determined by common consent. This is nothing more than the price resulting from the interaction of supply and demand.

But although ordinarily, justice is fulfilled if a person pay either the legal or market price, neither is really based on justice. The price fixed by law will come closer to being a just price. In a self-governing community, it probably will not do a great injustice to either party for any length of time. In this country its field is so limited, that it may be disregarded in the present discussion.