Occupancy and Use Versus the Single Tax
          
          Benjamin R. Tucker
           
          
          [Excerpted from the book Individual Liberty:
          Selections From the Writings of Benjamin R. Tucker, Vanguard
          Press, New York, 1926. Kraus Reprint Co., Millwood, NY, 1973] 
           
          
          
            
              |  In December, 1894, Mr. Steven T.
                Byington, still a Single Taxer, started a discussion with the
                editor of Liberty (Mr. John Beverley Robinson and
                Miss Katharine J. Musson participating) on certain factors in
                the land tenure and rent problems. Mr. Byington, an expert
                mathematician, carried the discussion into quite an intricate
                maze of figures, which are rather hard for the reader to
                understand without complete reproduction, here impossible. But,
                since Mr. Tucker's replies embodied some very pertinent and
                valuable explanations and arguments, it has been attempted to
                give as many of these as will be coherent without a full
                presentation of the other side. The discussion extends over a
                period of more than a year: | 
          
          
          
          It is not my purpose to lose myself in the mathematical maze
            through which Comrades Robinson and Byington are now gropingly
            threading their way. But I may point out to the latter, anent the
            dire perplexities in which he has involved 111 coal miners, that
            political economy knows not only a law of diminishing returns, but a
            law of increasing returns as well, and that he has ignored this
            branch of the law in the operation of his second mine. 
          
          In the first mine, where 100 men are already at work at the time
            of Mr. Byington's hypothesis, it may fairly be supposed that the law
            of diminishing returns begins to apply; but in the second mine,
            where not even one man works until there are 110 at work in the
            first, it is equally fair to suppose that the law of increasing
            returns will be in force until here also there are 100 workers. In
            that case the second mine, instead of yielding (as Mr. Byington
            presumes) one workman $900, two $1790, three $2670, etc., would
            yield one workman $900, two $1810, three $2730, etc. This little
            fact brings a wonderful change over the spirit of Mr. Byington's
            dreadful dream. For no sooner will his 111th miner have begun to
            work the second mine alone than he will be joined by the 110th, and
            the 109th, and the 108th, and the 107th, etc., etc., each new
            accession having a tendency to increase the earnings of the 11 men
            and to reduce the swollen incomes of the original 100, and the
            movement as a whole achieving, if not a restoration of absolute
            equality, at least a considerable approach to it. Which again impels
            me to recall the remark of Bastiat that there are things that we see
            and things that we don't see. 
          
          Again: the hypothesis is unwarrantably violent in predicating the
            existence of but one first-quality mine. As a matter of fact, there
            would in most cases be a number of superior mines nearly on a level
            in point of quality, and as the demand for coal increased, these
            mines would compete to secure extra labor, the competition forcing
            them to pay for this labor as much as could be paid without reducing
            the $1000 income enjoyed by each of the original occupants. 
          
          Still again: absolute freedom being the condition of the
            hypothesis, these mines would compete for this labor, not only with
            each other, but with all the other branches of industry newly opened
            or increased in activity by free money, free land, and free
            conditions generally, which would make it still less possible to
            obtain labor without awarding it its full product. 
          
          And further: it is assuming too much to say that a fair
            interpretation of the terms occupancy and use could exclude all but
            100 men from the mine in question. Here the economic problem becomes
            complicated with engineering problems which I am incompetent to
            discuss; but it is not at all sure that the theory of occupancy and
            use would enable any hundred men to get the grip on subterranean
            riches that is here presumed. 
          
          And - last consideration of all - mining is but one, and the
            smallest, of the four great classes of labor, and the others are not
            relieved in the same degree from the equalizing influence of
            competition; so that, were a considerable inequality proven a
            necessity of mining, it would not follow that there would be as
            great inequality, or necessarily any at all, in agriculture,
            manufactures and commerce. 
          
          Thus you see, Mr. Byington, that, do your little sum as nicely as
            you will, there are still a few other things to be thought of. 
          
          It must not be supposed, however, that I share Mr. Robinson's view
            that economic rent is not a reality. I believe that economic rent
            exists now, and would continue under freedom, but then with a
            tendency to decrease and a possibility (though not a probability) of
            ultimate disappearance. In any event, taking the worst view of the
            matter, it would be distributed among actual occupants and users, -
            a vastly greater number than now enjoy it, - which would be
            much better for all than to distribute it among those who
            benefit by political jobbery, or among the people themselves through
            the agency of a State landlord, which would speedily become, by
            successive grants and usurpations of power, a State money-lord, a
            State industry-lord, a State education-lord, a State religion-lord,
            a State love-lord, and a State art-lord. 
          
          Equality if we can get it, but Liberty at any rate! 
          
          By compelling Mr. Byington to recognize the law of increasing
            returns in both mines instead of in one alone, I at the same time
            compel him to assume, in order to overcome the tendency of this law
            toward equality, a far greater and more improbable inferiority in
            the quality of the second mine than he attributed to that mine in
            his first hypothesis. And, as these sudden drops in quality are not,
            as a general thing, typical of the actual fact, Mr. Byington's new
            figures greatly weaken his argument. 
          
          It is not altogether a question of how much these laborers are
            worth to employers engaged in coal-mining. Their worth to employers
            in other lines must be taken into account. Under freedom, when the
            availability of capital will furnish new avenues for labor, Mr.
            Byington's 111th man who goes to work in the second mine for $900
            instead of accepting offers of $1000 from men in other lines of
            business will be a fool who deserves his fate. 
          
          But, says Mr. Byington, the demand for coal finally making it
            worth while to pay the 111th man $1000 to go to work in the second
            mine, this demand and consequent rise in price will correspondingly
            increase the reward of the operators of the first mine, and the
            inequality will be as great as ever. Which means, at the worst,
            that, while none are paid any less than formerly, some are paid
            more. Dreadful thing! As Mr. Donisthorpe has pointed out in a way
            that evidently appeals with force to my Christian friend, Mr.
            Byington, the accidental benefiting of another is, "in the
            present state of Christian fraternity, a consummation to be
            carefully shunned." 
          
          Whether the neighboring farmers should sink shafts themselves or
            part with their land to others wishing to do so, in either case
            there would be an introduction of a new competitive factor tending
            toward equality. The article to which Mr. Byington now replies was
            one calling his attention to factors in the rent problem which he
            seemed to neglect. The liability of access to the first coal vein
            through a new shaft was one of these factors, and Mr. Byington's
            answer does not get rid of it. His nearest approach to it is a
            suggestion of the Malthusian argument, to which I can only respond
            that, if Malthusianism be true, it militates as strongly against the
            single tax as against any other reformatory proposal. I may add -
            though this matter is not strictly pertinent to the present
            discussion, but an engrafting upon it of an old discussion - that I
            would not, under any ordinary circumstances, oust an occupant and
            user to get either mining land or a right of way thereto. But I can
            conceive of circumstances, not only in the relations of men to the
            land, but in the relations of men to each other, where I would, for
            the moment, trample ruthlessly upon all the principles by which
            successful society must as a general thing be guided. I would advise
            Mr. Byington to consider for a while whether he himself is superior
            to necessity before too confidently assuming that there is any
            single rule to which he can always conform his conduct. 
          
          I know of no domain that occupies a higher eminence than that
            occupied by the domain which says to every user of land: "Hand
            over to me all that your land yields you over and above what the
            most barren of wastes yields to your most unfortunate fellowman, or
            else I will throw you neck and heels into the street." The "eminent
            domain" that I believe in, if Mr. Byington insists on so
            denominating it, would assume no rights in any land whatsoever, but
            would simply decline to protect the dominion of any one over land
            which he was not using. 
          
          To block up a narrow passage not regularly occupied and used for
            purposes of travel is one thing; to barricade an improved, claimed,
            and constantly used highway is another thing. Admission of the
            former requires no reconciliation with denial of the latter. 
          
          The value of land under the present system of land tenure has no
            bearing whatever on my assertion that under freedom the equalizing
            influence of competition is felt less in mining than in other
            branches of labor. If A has a mine in which his day's labor will
            yield him ten percent. more coal than B's day's labor will yield B
            in another mine, A will derive ten percent more from the sale of his
            coal than B will derive from the sale of his, because all the coal,
            assuming it to be of equal quality, will bring the same price per
            ton, so far as the mine owner is concerned. But commercial
            competition in cities is a different matter. In the lower and busy
            section of New York city there are perhaps a hundred drug stores
            occupying sites which may vary slightly in suitability for the drug
            trade, but all of which are excellent. In the upper parts of the
            city there are other drug stores, most of which occupy vastly
            inferior sites. There is always a stiff competition in progress
            between the downtown druggists, but, in spite of this, the high
            rents which they have to pay prevent them from putting their prices
            much below the prices prevailing up town. Now, if the present system
            of land tenure should be changed to one of occupancy and use, what
            would happen? Why, the downtown druggists, relieved of the burden of
            rent, would lower their prices in competition with each other until
            all or nearly all the rent which they now pay landlords would be
            flowing into the pockets of their customers. The profits of the
            downtown druggist doing a large business at low prices could be
            little or no more than normal wages, and those of the uptown
            druggist doing a small business at high prices could be little or no
            less. In this typical commercial example competition under freedom
            shows a strong tendency to take from the occupants of superior sites
            their advantage. The occupants of inferior commercial sites can in
            most cases obtain for their goods prices proportionately higher, but
            the owner of a mine yielding are inferior quantity of coal can get
            no more per ton for his product than can his more fortunate rivals.
            This is the difference that I pointed out to Mr. Byington, and his
            remark regarding the present value of city land is no answer. 
          
          Certainly no land, except the very poorest, will be free under the
            single tax, for every occupant of land that is good for anything
            will have to pay tribute to the State. Evidently free land is one
            thing to Mr. Byington and another thing to me. I consider a potato
            patch whose cultivator pays no rent free land, even though it be a
            city corner lot; and I should consider the same piece of land not
            free, but monopolized, if it were occupied by a confectioner obliged
            to pay tribute either to an individual or to the State. 
          
          The man who plants himself in a passageway simply takes up vacant
            land and becomes an occupant thereof in good faith for ordinary and
            legitimate purposes, and not with a view to unnecessarily and
            maliciously embarrassing and crippling others. But, though the
            intent were not malicious, if the result were not merely
            inconvenience for others but complete imprisonment, I should regard
            the emergency as sufficiently critical to warrant a violation of
            principle. Not for gods, devils, society, men or principles would I
            allow myself to be imprisoned, completely crippled, and virtually
            killed, if I could in any way avoid it. But I would suffer a great
            deal of embarrassment in order to avoid the violation of a principle
            the general observance of which I consider essential to the closest
            possible approximation to that social harmony which I deem of high
            value to myself. 
          
          By all means kick for your full product, Mr. Byington, and kick
            hard. I wish you to get it if you can, as I too wish to get mine.
            But I am not willing to pay too much for it. I am not willing to
            part with my liberty to get my full product, unless that part of my
            product which I do get is insufficient to keep me from starving. And
            even then I personally might prefer death; I do not know. Besides,
            Mr. Byington does not fairly represent his fellow Single-Taxers. He
            wants his own product, but their chief worry is because
            their product goes in part to a neighbor whom they hate, - the
            landlord; and they will be abundantly satisfied when it shall be
            taken from this hated neighbor and given to another whom they love,
            - the tax-collector. 
          
          Mr. Byington said that, whatever relief might come from the
            opening of new mines, the needs of civilization would soon press
            upon the limits of these mines. This is simply a form of saying
            that, whatever new opportunities may be opened for labor, the
            tendency of population to outstrip the means of subsistence is sure
            to ultimately neutralize them. That is Malthusianism; and, if it is
            true, all economic reforms, including the Single Tax, are a delusion
            and a snare. 
          
          I have not urged that society should make any exceptions in favor
            of the man who commits an invasion under circumstances that go far
            to excuse him. This would be a matter entirely for the jury. If I
            were on a jury to try the case of a man who had stolen bread when
            starving, I would vote in favor of a formal penalty, too light to be
            burdensome, and yet sufficient to stamp the act as invasive. 
          
          The simple fact is this, - that necessity, and only necessity, may
            excuse the coercion of the innocent. Now, necessity knows no law,
            and it knows no "aims"; it does not inquire whether the
            coercion to be exercised will be direct or indirect, incidental or
            essential; it just coerces, whether or no, and because it cannot do
            otherwise. 
          
          I believe that all vacant land should be free in Mr. Byington's
            sense of the word, - that is, open to be freely occupied by any
            comer. I believe that all occupied land should be free in my sense
            of the word, - that is, enjoyed by the occupant without payment of
            tribute to a nonoccupant. Whether the achievement of these two
            freedoms will tend to reduce rental values we shall know better when
            Mr. Byington has "seen about those drug-stores." 
          
          In this sense [evicting occupants contrary to the principle of
            liberty, under the plea of a higher law of necessity] I declare my
            willingness to stand for eminent domain. But I insist that Mr.
            Byington does not, as he claims, get rid of eminent domain, but on
            the contrary gives it the most rigorous and universal application,
            when he proposes to exact from each land-occupant a portion of his
            product under penalty of eviction. 
          
          I accept Mr. Byington's amendment. I think myself that it is
            better to exclude the matter of good faith. It is simpler and truer
            to say that any man who uses his land for the commission of a
            plainly invasive act may be dispossessed and treated as a criminal.
            If the act committed is of a doubtful character, then the same rule
            applies here that applies to all other doubtful cases: that is, the
            troublesome party should be given the benefit of the doubt, either
            until his course becomes clearly invasive, when he should be
            dispossessed as an invader, or until it becomes a peremptory menace
            to the community's safety, when he should be dispossessed in the
            name of necessity, though it be still doubtful whether he is an
            invader. 
          
          I deny that the thing fundamentally desirable is the minimum of
            invasion. The ultimate end of human endeavor is the minimum of pain.
            We aim to decrease invasion only because, as a rule, invasion
            increases the total of pain (meaning, of course, pain suffered by
            the ego, whether directly or through sympathy with others.) But it
            is precisely my contention that this rule, despite the immense
            importance which I place upon it, is not absolute; that, on the
            contrary, there are exceptional cases where invasion-that is,
            coercion of the non-invasive-lessens the aggregate pain. Therefore
            coercion of the non-invasive, when justifiable at all, is to be
            justified on the ground that it secures, not a minimum of invasion,
            but a minimum of pain. The position, then, which Mr. Byington seems
            to take that coercion of the non-invasive is allowable only as an
            unavoidable incident in the coercion of invaders, and not allowable
            when it is an unavoidable incident in the prevention of impending
            cataclysmic disaster not the work of invaders, is seen at once to be
            inconsistent with my fundamental postulate - to me axiomatic - that
            the ultimate end is the minimum of pain. If Mr. Byington believes
            that the minimum of invasion is always desirable, I summon him to
            deal specifically with the case cited by me in my discussion with
            Mr. Yarros, - the case, that is, of a burning city which can be
            saved from total destruction only by blowing up the houses on a
            strip of territory inhabited by non-invasive persons who refuse
            their consent to such disposition of their property. If Mr. Byington
            thinks that these houses should not be blown up, I ask him to tell
            us why. If, on the other hand, he admits that they should be blown
            up, I ask him if such action would not be "injury to
            non-invaders without the resistance of invasion," - a policy to
            which he declares himself opposed under any circumstances. Can he
            maintain his abstract proposition in face of the concrete
            illustration? Moreover, the illustration, though not framed
            originally for this discussion, is a most happy one for the purpose,
            since here it is the innocent act of land-occupancy which
            constitutes the obstacle to social welfare. I hold, then, to my
            claim that occupancy and use as the title to land is not vitiated by
            the fact that it is a rule which, like all others, must sometimes be
            trodden underfoot. 
          
          Either Mr. Byington has not understood me, or I do not understand
            him. His answer to me seems to be based on an assumption that my
            previous answer to him was just the opposite of what it really was.
            He had put to me this question: "If A builds a house, and rents
            it to B, who thereupon lives or works in it under the lease, will
            you regard A or B as the occupier and user of the land on which that
            house stands?" I answered: "I would regard B as the
            occupant and user of the land on which the house stands, and as the
            owner of the house itself." To this Mr. Byington rejoins: "Then
            houses will be rented under your system just as now, and the sum
            charged for rent will include the rental value of the land as well
            as payment for the use of the house." A most remarkable
            conclusion, surely! To my own mind the logical conclusion is
            precisely the contrary. It is perfectly clear to me that A will not
            build a house to rent to B, if he knows that the protective
            association will recognize B as the owner of both land and house as
            soon as he becomes the occupant. I utterly repudiate the idea that
            unused land, if usable, would remain idle under an occupancy-and-use
            regime. How could it, when any one would be free to take it
            and would not be forced to pay rent for it? 
          
          As a result of the misunderstanding, Mr. Byington has failed to "see
            about the -drug-stores." All his present remarks upon them are
            mal a propos. Under an occupancy-and-use system all
            ground-floor druggists - that is, all retail druggists - will be
            owners of both land and store, and competition will proceed among
            them with the effect described by me, and my argument that "competition
            under freedom shows a strong tendency to take from the occupants of
            superior sites their advantage" remains intact. Mr. Byington
            will have to try again. First, however, let me answer his puerile
            question: "Why does not the man who now pays no rent because he
            is on his own land now undersell his rent-paying competitors."
            For precisely the same reason that the man who pays no interest
            because he is using his own capital does not under-sell his
            interest-paying competitors. Is Mr. Byington really unaware that the
            man who uses that which he could lend to another for a price insists
            on getting as much profit from it (in addition to the reward of his
            labor and enterprise) as he would get if he should lend it? 
          
          Mr. Byington may understand that the man who builds a cage over
            the sleeper is an invader. The man who blocks up an improved,
            claimed, and constantly used highway is also an invader. The man who
            takes possession of an unoccupied, unimproved, unused passage is not
            an invader, and does not become one simply because, afterward,
            somebody else wishes to make a highway of it. Such a man is not to
            be dispossessed except in one of those rare emergencies when
            necessity, which knows no law, compels it. 
          
          Regarding protection of occupancy, I answer Mr. Byington that
            undoubtedly the protective association would insist on registration
            of all titles to real estate as a condition of protection. Then, in
            case of dispute between claimants and a failure of the jury to
            agree, the protective association would regard as the occupant the
            party whose registration of title it had already accepted. 
          
          The picket note to which Mr. Byington alludes was a criticism upon
            Miss Katharine J. Musson. The paragraph being short, I reproduce it:
          
          
          The statement that a State can have no rights except those
            delegated to it by individuals is singular doctrine on the lips of a
            Single Taxer. Miss Musson acknowledges the right of the State to
            collect rent from every land-occupant, this rent being in her eyes
            the just due of all individuals, since all have an equal right to
            the use of every part of the earth. It follows from these two
            positions that the State, if it collects my share of this rent,
            commits an act of usurpation, for I have not delegated to it the
            right to collect my rent. And yet I have not heard that Miss Musson
            or any other Single Taxer would limit the State, in the exercise of
            its rent-collecting function, to the collection of only such portion
            of the total rent as is properly due to the persons who have
            appointed the State their rent-collector. It follows further that
            all individuals who, like myself, have not appointed the State their
            rent-collector may, if they choose, go about, each individually,
            from one land-occupant to another, collecting their respective
            shares of the rent due. According to this, I have the right to at
            once start on a tour among my neighbors (or even among all the
            land-occupying inhabitants of the earth) and demand of each the
            delivery into my hands of that greater or smaller fraction of a cent
             which each owes me for the current quarter. Or, if I find this
            course too expensive, all those who ignore the State may unite in
            appointing a private force of rent-collectors to collect their share
            of the total rent. Does Miss Musson accept these logical inferences
            from her position? 
          
          Mr. Byington admits that the State is a usurper if it collects my
            share of rent without getting from me a power of attorney. He claims
            neither for himself or for any other person or for any association
            of persons the right to collect my share of rent without
            authorization from me. Accordingly he expresses a willingness to
            enter into an arrangement with me for the collection of our rents;
            that is, he invites me to give a power of attorney. I must admit
            that this is very accommodating on Mr. Byington's part;
            nevertheless, I churlishly decline. If any part of the money in the
            hands of land-users belongs to me (which is the hypothesis just
            now). I prefer to leave it where it is. Now, Mr. Byington, what are
            you and your Single-Tax friends going to do about it? I do not call
            upon you to determine my share; so far as I am concerned, it may
            remain undetermined. But, if you are going to collect your share,
            you will have to determine first what your share is. At any rate, I
            bid you take good care not to touch mine. By your own confession you
            Single Taxers are entitled to collect only such rent as is the
            rightful share of the Single Taxers, all others refusing to delegate
            their rights. Do you tell me that such a task is insuperably
            difficult and intrinsically absurd? Very well, I answer; that fact 
            is not my fault; it is simply the misfortune of the Single-Tax
            theory. 
          
          The collection of rent by each individual from all land-users on
            earth, which Mr. Byington accepts so complacently, is an absurdity
            which Miss Musson cannot stand. So she attempts to dispute my
            conclusion. I am not debating with her now regarding the Single-Tax
            theory. For the nonce I am accepting it; I am supposing that I have
            a right in certain funds now in the hands of land-users. So never
            mind the Single-Tax theory. Then she tells me of the dreadful things
            that would happen if, under an occupancy-and-use regime, I
            should refuse to delegate my right. But I am not discussing
            occupancy and use either. Miss Musson is supposed to know nothing of
            my opinions on the land question. I present myself to her simply as
            the individual, Tucker, who declines to delegate his rights, just as
            I might have presented a hypothetical individual, Smith. But, argues
            Miss Musson, you have no separate right to rent. Very well; we will
            not dispute about that either. The only thing that concerns me at
            present is Miss Musson's specific declaration, in the last sentence
            of her article, that I have a share in the aggregate right to rent,
            and that I can delegate this to the State. Here I have all
            that I want, - all that is necessary to the main purpose of my
            original criticism. Delegation of rights is an act of pure volition,
            and, as such, implies the power to refuse such delegation. Then, if
            I can delegate to the State my share in the aggregate right to rent,
            I can also decline to delegate it. Now, I do so decline. But Miss
            Musson has previously and fundamentally declared that a State can
            have no rights except those delegated to it by individuals.
            Therefore, since I refuse to delegate to the State my share in the
            aggregate right to rent, the State has no right to take my share in
            the aggregate right to rent. Q. E. D. And there is no escape from
            the demonstration. Miss Musson may as well "acknowledge the
            corn" first as last, and make her choice between individualism
            and the Single Tax. The two are incompatible. 
          
          I can readily forgive Mr. Byington for mistaking B for A in my
            answer to his question. Such a slip the most careful man may make at
            any time. But his more fundamental misconception of what the
            occupancy-and-use doctrine really is I find it more difficult, if
            not to pardon, at least to account for. Certainly in no writing of
            mine have I given him warrant for supposing me to hold that a man
            should be allowed a title to as much of the earth as he, in the
            course of his life, with the aid of all the workmen that he can
            employ, may succeed in covering with buildings. It is occupancy and
            use that Anarchism regards as the basis of land ownership, - not
            occupancy or use, as Mr. Byington seems to have understood.
            A man cannot be allowed, merely by putting labor, to the limit of
            his capacity and beyond the limit of his personal use, into material
            of which there is a limited supply and the use of which is essential
            to the existence of other men, to withhold that material from other
            men's use; and any contract based upon or involving such withholding
            is as lacking in sanctity or legitimacy as a contract to deliver
            stolen goods. As I have never held that freedom of contract includes
            a right to dispose of the property of others, I do not, in denying
            such right, "yield the sanctity of contract," as Mr.
            Byington puts it. Yes, the object of Anarchism is, sure enough, to
            let every man "control self and the results of self-exertion";
            but this by no means implies that a man may store upon another's
            land the results of his self-exertion. If a man exerts himself by
            erecting a building on land which afterward, by the operation of the
            principle of occupancy and use, rightful becomes another's, he must,
            upon the demand of the subsequent occupant, remove from this land
            the results of his self-exertion, or, failing so to do, sacrifice
            his property right therein. The man who persists in storing his
            property on another's premises is an invader, and it is his
            crime that alienates his control of this property. He is "fined
            one house," not "for building a house and then letting
            another man live in it, but for invading the premises of another. If
            there were nothing in the "Beauties of Government" to beat
            that, then indeed would government be a really beautiful thing. 
          
          The objection advanced by Mr. Byington that adherence to this
            principle must cause a degree of embarrassment to persons desirous
            of using an entire edifice for a period too to nobody, be forced to
            lower his prices also in order to retain his trade, - a thing which
            now he does not have to do because his rent-paying competitor cannot
            lower his prices? It is as clear as daylight. 
          
          The man who builds a cage over a sleeper prevents the sleeper from
            exercising his unquestionable right to step off of premises
            that belong to another, and therefore is an invader. The man who
            becomes by occupancy and use the owner of a previously unoccupied,
            unimproved, and unused passage, and in the exercise of his ownership
            blocks the passage, simply prevents other men from doing what they
            have no right to do, - that is, step on to premises that
            belong to another, and therefore is not an invader. 
          
          Mr. Byington's answer to my contention that there may be
            circumstances under which it is advisable to do violence to equal
            freedom amounts in its conclusion to a statement that no evil can be
            as disastrous as an act of invasion; that justice should be done
            though the heavens fall, for a precedent of injustice would lead to
            a worse disaster than the falling of the heavens; and that, if he
            were the guardian of a city most of whose inhabitants found
            themselves under the necessity of a choice between death by fire on
            the one hand and death by drowning on the other, he would not
            relieve them from this choice if he could do so only by violating
            the property rights of a portion of his fellow-citizens. Discussion
            is hopeless here. 
          In May, 1895, Mr. Louis F. Post delivered a lecture at
            Cincinnati on the Single Tax, in which he made the statement that
            occupancy and use was really the only true title to land. After the
            lecture, in reply to a question from one of his auditors, he
            explained that his advocacy of the Single Tax was as the best method
            of reaching the occupancy-and-use title. When Mr. Tucker's attention
            was called to Mr. Post's statement, be hailed it as very
            significant, since the other prominent champions of the Single Tax
            denied that the land belongs to the occupant and user and affirmed
            that all land belongs equally to all the people; and he stated that,
            if Mr. Post had not been misunderstood, the latter had taken a
            position which involved the rejection of the Single-Tax theory and
            pledged him to the Single Tax only as a measure of expediency and as
            a stepping-stone. Mr. Post replied that he did not mean to imply
            that he advocated the Single Tax as a stepping-stone in the sense of
            a temporary expedient, but as the only way of obtaining and
            maintaining the title of occupancy and use. That explanation called
            for the following from the editor of Liberty:
          
          
          Mr Post admits the utterances attributed to him, and then proceeds
            to emasculate them. It appears that the phrase occupancy and use is
            used by Mr. Post simply as an equivalent to the right of possession.
            In that case it is nonsense to talk about the Single Tax or any
            other measure as the best method of reaching the occupancy-and-use
            title, for in Mr. Post's sense that title already exists. Today the
            occupant of land is its possessor, in right and in fact. The
            aim of the occupancy-and-use agitation is not to secure for the
            occupant a possession which is already his, but an ownership and
            control which in most cases is not his, but his landlord's, - an
            ownership and control which shall end when occupancy and use end,
            but which shall be absolute while occupancy and use continue. 
          
          In another part of his letter Mr. Post virtually denies the
            equivalence of occupancy with possession by declaring that
            landlords, even those who rent land and buildings in their entirety,
            are occupants and users. If this be true, then the Astor estate is
            occupying and using a very large portion of the city of New York.
            But to assert that the Astors are either occupants or possessors is
            an utter misuse of language. Besides, if the Astors are occupants
            and users, and if the Single Tax will virtually compel the Astors to
            relinquish their lands, then the Single Tax, instead of being a
            means of getting to an occupancy-and-use tenure, will be a means of
            destroying such tenure. Mr. Post's position bristles at every point
            with inconsistency and absurdity. 
          
          It is so long since I read Mr. George's book that I do not
            remember whether Mr. Post is right in denying that Mr. George
            teaches the doctrine of equal ownership of land by all the people.
            One thing, however, is certain, - that the equal right of all
            people to every piece of land is asserted by many of the
            foremost Single Taxers, some of whom are on the national executive
            committee of the party. And it is on the strength of this that the
            Single Tax is defended. How often we hear Single Taxers deploring
            the name by which their idea is known! "It is very unfortunate,"
            they will tell you, "that our plan is called a tax. It is not a
            tax at all. We believe in the utter abolition of taxation. Taxation
            is robbery, - a taking from the producer of his product. We do not
            propose to rob; in collecting rent we take only what is ours, for
            that which comes, not from labor, but from land, belongs, not to the
            laborer, but to us, the people." If occupancy and use is not a
            title to land, then this position is sound; on the other hand, if it
            is a title to land, then the Single Tax is robbery. Mr. Post cannot
            escape from this dilemma. 
          
          If there must be Single Taxers, I prefer those of the Philadelphia
            sort, who attack occupancy and use with hammer and tongs,
            maintaining that it is unscientific and diametrically opposite to
            their fundamental principles. Relieve me, pray, of opponents like
            Mr. Post, who, using my own phraseology in a distorted sense, strive
            to make it appear to the people that their ideas are mine. Let
            Anarchists be on their guard. Don't bite at phrases. 
          
          In considering the letters of Mr. Alexander Horr, I notice at the
            outset that they betray a singular contradiction. In the first we
            are told that the occupancy-and-use theory of land tenure "has
            not risen to the dignity of respectable empiricism." In the
            second we are told that of the four systems of land tenure now
            advocated there are two which "deserve the most careful
            consideration," and that one of the two is the
            occupancy-and-use theory; The question arises: why does that which
            has not risen to the dignity of respectable empiricism deserve to be
            considered with care? 
          
          Mr. Horr complains of the indefiniteness with which the advocates
            of the occupancy-and-use theory explain it. My opinion is that the
            larger share of the indefiniteness regarding it that exists in his
            own mind is due to a failure on his part to weigh and understand
            what has been said in defense of the theory. In a recent
            conversation with me, Mr. Horr naively assumed the ownership by an
            Astor of the whole of Manhattan Island, and the renting of the same
            in parcels to tenants, as a possibility quite consistent with the
            occupancy-and-use theory and one which the theory's advocates would
            so regard. Such an assumption on his part showed beyond question
            that he has failed to consider the positions that have been taken in
            Liberty as to the nature of occupancy and use. These
            positions have been stated in English plain enough to be definitely
            grasped. If Mr. Horr had taken pains to understand them, he could
            not interpret the occupancy-and-use theory in a manner squarely
            contradictory of them. There will be no motive for Liberty
            to attempt a completer exposition of its doctrine for Mr. Horr's
            benefit, until he understands the perfectly definite things that
            Liberty has already said. 
          
          Agreeing to my claim that equal freedom is not a law, but simply a
            rule of social life which we find it expedient to follow, Mr. Horr
            asks me why, if it is expedient to enforce equal freedom in other
            things, it is not also expedient to enforce equal rights to the use
            of the earth. As appropriately might I ask him why it is not
            expedient to enforce equal rights to the use of brain power. Equal
            freedom as defined and advocated in Liberty covers
            only the control of self and the results of self-exertion. "Equal
            rights in other things" is a phrase of Mr. Horr's coinage. I
            uphold equal freedom, as I define it, because it secures
            individuality, the definition and encouragement of which are
            essential to social development and prosperity and to individual
            happiness. I oppose Mr. Horr's policy loosely described as "equal
            rights in other things" because it tends to obliterate
            individuality. The enforcement of equal rights to the use of the
            earth, for instance, by a single tax on land values means a
            confiscation of a portion of the individual's product, a denial of
            the liberty to control the results of self-exertion, and hence a
            trampling upon individuality. If an equal distribution or common
            ownership of wealth, with the accompanying destruction of
            individuality, is a good thing, then let us become Communists at
            once, and confiscate every excess, whether its source be land value,
            brain value, or some other value. If. on the other hand, the
            protection of the individual is the thing paramount and the main
            essential of happiness, then let us defend the equal liberty of
            individuals to control self and the results of self-exertion, and
            let other equalities take care of themselves. 
          
          An instance of the peculiar manner in which Mr. Horr interprets
            his opponent's utterances may be seen in his comments on Mr.
            Yarros's statement that, while voluntary taxation of economic rent
            might not be a good thing, "the use of force to bring it about
            would be extremely unwise." Mr. Horr thinks that this statement
            is "not quite clear." It is true that it is not quite
            exact. Mr. Yarros had better have said "the use of force to
            effect it," or, more simply still, "the enforcement of it,"
            than "the use of force to bring it about." But even from
            the sentence as it stands it seems to me that no intelligent reader
            should have failed to extract the evident meaning that, though men
            might well agree to pay rent into a common treasury, no man should
            be forced to do so. Yet Mr. Horr takes it to mean that force should
            not be used to collect rent in special and abnormal cases. I do not
            see the slightest warrant for this extraordinary and senseless
            construction of Mr. Yarros's words. 
          
          Mr. Horr defends State collection of rent on the ground that, if
            equal rights to land be admitted, "all men have a right to
            collect rent from those who use better than free land, because each
            individual would collect such rent himself, if he had the power."
            Logic does not warrant the inference. I showed clearly, in my
            discussion with Miss Musson, that, even granting Single-Tax ethics,
            still State collection of every individual's share of rent, without
            delegation by each individual of his right to collect, cannot be
            advocated consistently by any individualist. The fact that an
            individual would collect the rent rightfully due him, if he had the
            power, does not warrant another man, or all other men, in proceeding
            unauthorized to collect this rent. There are some creditors who
            believe that the State should not collect debts. Would Mr. Horr
            claim that the State is entitled to collect the debts due these
            creditors, regardless of their wishes in the matter? Now rent is
            nothing but a debt, under Single-Tax ethics. Consequently any
            parties who contract for the collection of their rents in common
            must see to it that they collect only their own shares of the total
            rent due. If they collect other people's shares, even the Single
            Taxer, if he be an individualist, is bound to consider them thieves.
          
          
          All that Mr. Horr has to say about the difficulty of sustaining an
            occupancy-and-use system by jury decisions is based on silly and
            gratuitous assumptions. In the first place, it is pure assumption to
            say that juries will be recruited solely from taxpayers. No believer
            in the original form of jury trial as explained by Spooner ever
            advanced such a proposition. In the second place, it is pure
            assumption to say that, when taxation is voluntary, only land-owners
            will pay taxes, because they alone benefit by the expenditure of the
            taxes. It is not true that they alone benefit. Every individual
            benefits whose life, liberty, and property is protected. In the
            third place, it is pure assumption to say that juror!! do not, in
            the main, render verdicts in accordance with their own conceptions
            of equity and social living. A jury of thieves is quite as likely as
            a jury of honest men to convict a prisoner justly accused of theft.
            Now, no advocate of occupancy-and-use tenure of land believes that
            it can be put in force, until as a theory it has been as generally,
            or almost as generally, seen and accepted as is the prevailing
            theory of ordinary private property. But, when the theory has been
            thus accepted, jurors may be relied on, in the main, to render
            verdicts in accordance therewith, no matter what their status or
            situation in life. Were it not so, no society would be possible.
          
          
          Mr. Horr finally defends the Single Tax, against the objection
            that under it the land occupant is at the mercy of the community, by
            claiming that "changes due to social growth which are just as
            inevitable as any other phenomena of nature must be submitted to."
            I suppose, then, that, because I must submit to the tornado that
            destroys my crop, I must also submit to the depredations of people
            who choose to settle in my vicinity and then rob me of a part of my
            crop by what they call a tax on my land value. Well, of course I
            must, if my fellow-citizens all turn thieves, - that is, Single
            Taxers. Consequently I am trying to persuade them to be honest.