BUSINESSES OF SOLDIERS

Dominion, Volume 11, Issue 291, 28 August 1918, Page 7

BUSINESSES OF SOLDIERS

SCHEME OF PROTECTION

TO KEEP OUT COMPETING INTRUDERS

For :i long time tho Minister of Defence and tho National Efficiency Hoard havo been considering schemes for tho protection of tho businesses of soldiers taken'away from tho country active service. Tho problem proved to bo one of the greatest complexity, and the scheme which lias now been evolved, while it is an ingenious one, will still bo very difficult to administer. ,A\ <ir regulations to givo effect to tho scheme wero ngrccd to by the Executive Council yesterday morning. Tho central idea of tho Regulations is tho declaration that every soldier's busisriiss in respect of which the soldier gives power of attorney to a board of trustees shall be a protected business, Jind the object is to restrict competition'with such a business. Tho. administrative authority *111 bo '.the National Fjfficienoy Board. acting with Soldiers' Property Boards of Trustees, constituted nude;' the Soldiers' Property Regulations of 1917. The term "business" is defined aS any business, trade, profession, nianu:facturo, industry, or undertaking other 'than employment in the service of an employer." Tho concurrent action of any three or more members of tho National Efficiency Board, whether at a meeting of tho hoard or otherwise, shall be ucpny?d to bo the action of the board. Ppovisiofi fbr Liofinscs. Tile following paragraphs giro the Maiu_features uf the regulations:— "\Yheti tho National Efficiency Board is satisfied that any person is carrying on or is about to entry on any business which will coitipote frith tho prdtected business of ti soldier, and which will be rendered inoro profitable by tho destruction or diUiiiuitioli of that protected business through tho absence of that soldier on military service, tho hoard tilfty give td the person by whom such lirst-iiientiollcd business is or is about tobo curried. oil, a notice that such business is titit to bo carried on except under a liceuso to be granted by tho board.

Evof.V business covcred by suoli 110"tico is (Inscribed its a "restricted business," Tho notice may apply, to tho ivhoffi of such business or lo any part. A\ lien tile liotito lipplics to only a part, sucli part frill bo deemed to be in itself separato restricted business.

Ally Kiieli notice may bo revoked by the National Efficiency Board.

Ail offelico is committed by aiiy person who cal'-ries on a restricted business later than twenty-one days after notice has bneti giveli, save tinder a licoiiSe issued by tllo National Efficiency Board. Paymsnt for Licdnse Out of Profits, "Any sitcli license may be granted ■on the conditions that the licensee shall enter into a deed of agreement with the Board of Trustees of the protected business, acting Oil behalf of the soldier) to iliako to that board on belialf of the soldier such payments as they'may be estimated by the National Board to bo equivalent to tho additional profits to bo derived by tho restricted business from the cessation or diminution of tho protected btismess through tile absence of tho soldier on military service. The amount and terms of the payments to be so made.shall bo set out ill the agreement with the Board of Trustees, and. such payments.may be estimated.cither as fixed sums 6r as defined proportions of the profits of tho restricted business, or in such other manner as the National Efficiency Board thinks just and practicable in the particular case. "After any revocation or surrender has taken effect it .shall not be lawful for any person, so long as the business in respect of which the license was issued remains a restricted business, to carry oil .that business save under a iiojv. license granted by the National Efficiency Board. "A restricted business shall remain rn restricted notwithstanding the death nf the soldier by whom tho protected business was carried_ on, hut it shall cease to be a restricted business so soon as that soldier lias been discharged from the Expeditionary Forces." Partners and Shareholders. Provision is mado for the protection of the business of soldiers in partnership or as shareholders of companies, In the case of a company it is stated that "tho. business shall ... be deemed in rcßpect and to the extent, of tho share of the soldier in that company, to ho a separato business carried on by him, and may become a protected business accordingly; and In such

cUso the business of tlio company may, in respect and to tho extent of tlio interests of tho other shareholders therein, bceonio il restricted business under those regulations." A silnllat ptuvision applies to partnerships; Tho Board's Powers. "Every person who carries on or is concerned iu the carrying-on of a restricted business shall at all times give to tho National Efficiency Board all such information as may be demanded by tliut board relative to tho nature, scope, conduct, and profits of that business, and as to all other matters as to which the board desires information for the purposes of tho administration of these regulations."

"Without the permission of tlio National Efficiency Board it shall not bo lawful for any person to establish or carry on any new business as a retail shopkeeper, merchant, importer, exporter, commission agent, indent agent, accountant, auditor, land agent, manufacturer, solicitor, medical practitioner, or dentist. Such permission may bo granted by the board with such restrictions as to the locality or manner in which tho business shall be carried on ns the board thinks necessary in tho public interest. Any extension or alteration of an old business, whether in refcpect of tho locality in which it is carried on or in respect of its scope ol- nattiro, shall he deemed to ho the establishment or carrying-on of a new business within tlio meaning of this Tegtilntion. The fact that a business has been established with tho permission of the board under this regulation shall in no manner take away or affect with respect to that business tho powors conferred on the board with respect to protected and restricted businesses."