IV

RANDOLPH MASON leaned forward and struck his hand heavily on the arm of

his chair.

“Forty thousand,” he said sharply, “you owe that sum, sir?” His face

looked old, sunken, and furrowed with heavy dark lines, but his eyes

shone under his shaggy brows.

“Yes,” responded the grazier, “fully that much.”

“To secure that amount in cash,” continued Mason, “it will be necessary

to deal with some bank or savings institution of which the president

or some powerful director is an attorney-at-law. This condition will be

found to obtain in almost any one of the small towns of the country, and

if my directions are followed strictly, the plan can be carried out and

the money secured in a very few hours. The plan is simple and easy. In

the first place----”

“But,” said the giant Alshire, “I don't want other men's money. I don't

want to commit a crime.”

The veins in the forehead of Randolph Mason grew black with anger.

“Commit a crime!” he cried. “No man who has followed my advice has ever

committed a crime. Crime is a technical word. It is the law's name for

certain acts which it is pleased to define and punish with a penalty.

None but fools, dolts, and children commit crimes.”

“Well,” responded the grazier, “whether the plan you are about to

propose is a crime or not, it is certainly a moral wrong, and I have no

desire to rob a bank by committing even a moral wrong.”

Randolph Mason arose slowly and pointed his finger at the huge Alshire.

“The old story,” he sneered, “child afraid of a goblin. Moral wrong! A

name used to frighten fools. There is no such thing. The law lays down

the only standard by which the acts of the citizen are to be governed.

What the law permits is right, else it would prohibit it. What the law

prohibits is wrong, because it punishes it. This is the only lawful

measure, the only measure bearing the stamp and the sanction of the

State. All others are spurious, counterfeit, and void. The word moral is

a pure metaphysical symbol, possessing no more intrinsic virtue than the

radical sign.”

“I beg your pardon, Mr. Mason,” said Van Meter thrusting into the

conversation, “but I am quite certain that you mistake the request of

my friend. He is not attempting to secure any sum of money. He simply

desires to retain the title to his land and prevent its sale, until he

can determine the extent of its oil production.”

“For what length of time?” asked Mason.

“Well,” said the grazier, “I scarcely know. One year might be time

enough, or even less than one year; while, on the other hand, it might

require several years. You see, if I can prevent the land from being

sold, and keep it in my name until the territory is developed, then if

oil is found in paying quantities I can meet all these notes, and if

the land is dry I am no worse off. At any rate, I want to hold on to the

land and see.”

“Are there judgments of record against you?” inquired Mason.

“Not yet,” replied Alshire, “but Farras is preparing to sue on the notes

and rush the sale through. Can I stop him; can I hold the sale off?”

There was anxiety in the grazier's voice.

Randolph Mason began to walk to and fro across the room with an unsteady

nervous stride.

“Easy,” he muttered, “easy as learning to lie.” Then he stopped by the

table and looked flown sharply at the great Alshire.

“Have you two friends,” he asked, “nonresidents of your State, whom you

can trust?”

“Yes,” responded the grazier, “Mr. Van Meter here in New York, and

Morgan Gaston now in Ohio, they will both stand by me.”

“Then,” said Mason, “listen to me, and do as I advise, and the sale of

your property will be as far distant years from to-day as it seems this

afternoon. First make an oil lease for a long term, say thirty years,

to your non-resident friend of Ohio, giving him all the oil privileges,

but, for your own protection in case of the death of the lessee,

incorporate in the instrument a clause permitting the lessor the right

to annul the lease at any time by the payment of a small sum. Have the

instrument show also that the entire compensation for the lease has

been fully paid in advance. Then make another lease renting all your

remaining property rights to your friend Mr. Van Meter of this city.

Have this second lease for a similar term and of similar provisions to

the first, and the entire compensation for it likewise paid in advance.

Then you have but to record the instruments, employ an attorney, and

sit down in the shadow of your house. The hair on your head will have

thinned vastly before the litigation over your complicated affairs

terminates in a final decree of sale.” Rufus Alshire leaned forward

listening eagerly. “But won't Farras sue me,” he asked, “won't he attack

the leases?”

“Certainly,” said Mason, “he will at once do one of two things; either

he will bring an action at law on the notes, or he will attempt to

embrace the whole matter in a chancery suit. If he sues at law, resist

and attempt to fight through the superior courts. When he finally

obtains a judgment at law in your State, he will be compelled to resort

to a suit in chancery for the purpose of selling the land. In either

event he must come finally into a court of chancery and include the

holders of these leases as parties defendant to his action. When this is

done, the non resident lessees are not to appear, and he will be able to

obtain service on them only by an order of publication. You alone will

fight this chancery suit through the lower and superior courts, and just

before a sale of the land is ordered by the court of last resort, one

of the non resident lessees mast appear, and by virtue of the statutory

provision applying to such cases, file his bill of review and open up

the whole matter, enjoin the sale, fight the case over again and again

through the superior court. When this new litigation finally draws

near to a close and the land is again ordered sold, the remaining

non-resident must appear, bring his action in the Circuit Court of the

United States, enjoin the sale, and proceed with his fight.

“By this time,” continued Mason, placing his bony hand on the giant's

shoulder, “there will probably be gray streaks in your beard, and if

you wish to run this litigation on into eternity, you will have only to

produce some collateral heir.”

The huge Alshire looked up at the strange man beside him. “Is all this

possible?” he asked in astonishment.

Randolph Mason did not at once answer; he walked stumblingly across

the room to his chair and sat down by the table. His form was thin and

gaunt, and along the border of his forehead the veins were purple and

swollen. After a time he turned toward the powerful grazier, his face

ugly with a sneer. “To the law,” he said, “all things are possible--even

justice.”

V

ONE morning in the early winter the red roan horse, with his head over

the high fence of his pasture, saw two men standing in the neighboring

meadow contemplating in silence a gigantic derrick. One he immediately

recognized as his master Rufus Alshire, and the other resembled in a

very large degree a certain obnoxious person who on a memorable summer

night had smeared his well kept mane with most disagreeable petroleum.

Presently the grazier spoke. “I judge that it will not now be necessary

for Jerry to invoke the tedium of Federal tribunals, there seems to be

grease enough here to pay everything and wind up the lawsuits.”

The driller looked up at the oil streaming down from the timbers of the

derrick; then he made a mighty angular gesture with his bare right arm.

“By jolly!” he said, “there is money enough in that hole to pay off the

national debt.”

The Man of Last Resort; Or, The Clients of Randolph Mason · 第 26 / 30 题