BLACK LIST. A list of persons either (1) against whom the compiler would warn others, or (2) with whom he refuses to have business transactions, or (3) with whom he seeks to in duce others net to have business relations. An example of the first class in England is the of ficial list of defaulters on the Stock Exchange; in the United States, the list of those against whom unsatisfied judgments are standing. or who have given chattel mortgages on stock in trade. or whose credit is poor. These and similar lists are published by mercantile agencies and others, and are considered not only valuable to the busi ness community. but perfectly fair and lawful. And yet printing a person's name in such a list may subject the publisher to an action for libel. In order to defend successfully such an action. the publisher must prove that the statement made in the list about the plaintiff was true, or else that it was a correct transcript of a pub lic reeord. or a fair and accurate report of a judicial proceeding, or that it was made upon it privileged occasion. Such a state ment is privileged when it is made in answer to questions by persons having a legitimate reason for asking them: as when A, to whom B has ap plied for credit. inquires about B's financial con
dition. An example of the second class of black lists is one kept by a railroad company of per sons dismissed from its employment for incom petency, discourtesy to patrons, or other cause, in order that its agents may not refing,are them. The third class is illustrated by lists, kept by manufacturers or dealers forming an association or combination for the control of a particular line of business, of those who refuse to come into the association; or IT lists kept by labor unions of non-union workmen or of those employing such workmen, with a view of terrorizing the work men or of boycotting the employers. In some States the last-mentioned form of blacklisting constitutes a statutory (Time. Consult the au thorities referred to under the titles LIBEL and Cox sin RACY : and Eddy, Lair of Combinations (Chicago, 1901).