Cavanaugh looked up from his paper and across to the monkey. "I assume you have a motion to file now?"
"Yes, sir. I move to dismiss this entire proceeding."
"I expected as much," said the judge. "On what grounds?"
"That all of the motions before this court are irrelevant to the situation. As I noted in my previous argument, as society evolves, there are slip zones between law and circumstance. We are in one of those zones now."
"Let me guess," said Cavanaugh. "We just happen to be in one of those slip zones now because I just recognized you as a qualified representative … ?"
"That's only a small part of it, Your Honor."
"All right, Counselor–and I use the term advisedly–walk me through it."
ARGUMENTS
The monkey gathered itself as if preparing to speak, but it was only a performance–a kind of punctuation mark for its speech. I was beginning to get it; the monkey wasn't who HARLIE really was, but it was the costume he wore, the role he had to play here. But if we could listen throughthe monkey to the mind behind it … the monkey itself seemed to disappear and all that was left was a very powerful spirit.
"First of all, the Dingillian family has reconciled its differences. Both of the Dingillian parents have withdrawn their custody claims. I want to note here for the record, that nowhere in any of the previous actions has either party tried to assert that the other is an unfit parent–only that actions taken on the children's behalf have been unsuitable because of a failure of mutual consent."
Judge Cavanaugh nodded. "The court will stipulate that neither parent has been judged unfit. Go on, Counselor–understand, I am referring to you as 'Counselor' as a courtesy; in recognition of the role you are playing here, and not necessarily as an official affirmation of license or expertise."
"I understand that, Your Honor, and I appreciate the courtesy, thank you. Because the Dingillian parents have reconciled with their children, because the parents have withdrawn their custody claims against each other, the issue of custody is now moot. Therefore, the actions filed by other agencies to secure legal custodianship of the Dingillian children should be dismissed in favor of the existing parental rights."
"Ahh, nice try,Counselor!" Judge Cavanaugh beamed. "But you seem to have forgotten that Judge Griffith granted the young men their independence. That the parents have withdrawn their claims to custody does not automatically nullify anyone else's attempts to gain guardianship. Unless, of course, you are arguing that the Dingillian children are requesting the reassertion of parental authority … ? No? I didn't think so."
"I'm not done yet, Your Honor. This morning, as of 3:45 a.m., the Dingillian family incorporated itself as a family corporation, with every member holding an equal share; the terms of that incorporation include joint custodial rights and benefits, including mutual ownership of all family property, as listed in Schedule C. You should have that available to you on your display–"
"Very smooth, Counselor. And yes, it does appear to be all in order. I notice that the ownership of a certain toy monkey is covered by Schedule C. Let me note for the record that the ownership of the modules within the toy remains in dispute. Otherwise, this appears to be in order. Go on."
"Therefore … because the rights of the family corporation take precedence, the claims of everyone else have to be set aside."
"Not quite–" Judge Cavanaugh was clearly enjoying himself, but he was not going to be easily convinced. As HARLIE had predicted last night, he would very likely view this discussion as a contest of wits. He would not want to be bested by a monkey in his own courtroom. "The other claims were filed before this family corporation was created. It can be argued that this is an attempt to evade those claims."
"Yes, Your Honor, and were this any other kind of an action, the argument of evasion would be a valid one. But in this case my clients can demonstrate a preexisting family relationship–albeit, a troubled one. This incorporation is specifically designed to salvage the better parts of that preexisting family relationship by codifying a set of mutually beneficial agreements for the future. We are not incorporating in a vacuum, Your Honor; we are standing on the foundation of a family structure that has existed for over twenty years. My clients have demonstrated a profound mutual emotional interdependence, which none of the other claimants can provide, and which the courts have ruled in the past mustcarry significant weight in any arbitration.
"We are asking that the court recognize the rights of the individuals to create a family contract of their own design, immune to the arbitrary harassment and legal abuses of others. We are asking that the court reject all claims filed against the members of this corporation where it can be shown that the primary intention is to prevent the individual shareholders access to the rights and benefits of their own mutually agreed upon family contract."
"I'll take it under advisement. I see that the sharks in the back of the room are already consulting their own intelligence engines, looking for appropriate counterarguments–and if we proceed down that path, this is going to get very boring very fast. I'll take your motion under advisement. Let's move on."
"Your Honor–" The monkey was insistent. "We can't move on until we've resolved this issue. Let me remind the court that while we are arguing here, the crisis on Earth is having serious repercussions across the solar system, especially here.
"There are three brightliners scheduled for launch in the next thirty days. Because of the situation on Earth, it is unlikely that any future launches will be planned or funded for a long time to come. These are the last trains out. So, all procedural delays work against my clients and in favor of anyone who files a claim, whether justified or not. This fact alone guarantees that there will be multiple useless actions brought and motions filed, specifically for the purpose of tying down my clients and preventing their access to emigration. And that is a violation of the laws against malicious litigation as well as the Access to Emigration Protection Act.
"Let me also point out that the situation is even moreurgent than I have just described. Even as we speak, the Board of Directors for the Lunar Authority is in emergency session. One of the options they are weighing is the possibility of seizing all available assets for the duration of the emergency–and this could be a very long emergency. If such action comes to pass, that means that my clients' property– myself–could be seized.
"Additionally, if Lunar Authority seizes the colony supplies loaded aboard those starships, they can't launch. Seizure will keep them stranded on Luna indefinitely. And all of their passengers.Considering the scale of the emergency, if those ships don't launch now, it is unlikely that they everwill. Certainly not within any foreseeable future. My clients will very likely be stranded on Luna for the rest of their lives. Denied of their property. Denied of their lawful access to emigration by the failure of the court to protect their rights. And without their most valuable property, they will have little or no resources with which to survive. In such a situation, the Dingillian family would have no choice but to file an action against the Lunar Authority seeking damages in the sum of one billion liters. It would be a horrendous case, Your Honor. And it is preventable."
Judge Cavanaugh did not look impressed. "Well, we'll hear that one when it's filed. Today, we'll deal with this case. Let me remind you, Counselor, that the Lunar Authority operates under the Starside Covenant as well as the Covenant of Rights. Both of those declarations of principles recognize and affirm the basic social contract that a society must operate to produce the most good for the most people. Under the terms of common domain, your clients would be adequately and appropriately recompensed for the use of any property nationalized for the survival of Lunar society."