Case 8. A Conscience-stricken Merchant

Titius, a merchant, during the time of the spiritual exercises discloses the following things to his confessor: (a) that, in order to transact many kinds of business, he had made very many journeys by railway without asking for a ticket; or, when he had asked for a third-class ticket, he made the journey in first class; (b) that he had sold things at a price far exceeding their value, because, as he says, other merchants did the same; (c) that in transacting business he made a great profit both by exaggerating and by telling slight lies. Hence it is asked:

1. What are the roots of restitution?

2. What is the rule for determining a just price?

3. What is to be said of the case?

1. See the answer to this question above, p. 270.

2. The answer to this question is given above, p. 304.

3. The case. Titius, a merchant, confessed that he had very often in the course of business traveled on the railway without paying his fare. The convenience offered by the railway has its money value, and that value belongs to the owners of the railway. Anyone who uses that convenience without paying for it and against the will of the owners takes what does not belong to him and is guilty of theft. Titius must therefore make restitution to the company for what he has stolen from it. The same doctrine per se must be applied to his traveling first class with a thirdclass ticket, except that Titius may be excused from making restitution if and when he did this because there was no accommodation in the third class, for in such circumstances railway officials frequently put passengers in a higher class than that to which their ticket entitles them.

Titius also confessed that he had sold things for prices far above their value because others did the same. If the prices obtained were far above the highest just price, Titius sinned against justice and must make restitution. Nor does the practice of others justify him in doing what is unjust. If he can not make restitution to those whom he has injured because of their being unknown to him, Titius may make it by selling more cheaply to future buyers.

Titius also exaggerated the value of his wares and told fibs to catch a bargain. He did wrong to tell fibs, and if by doing so he got more than a just price for his goods, he must make restitution for this also. If he did not get more than the highest just price, he did not sin against justice, and he is not bound to make restitution.