CHAPTER IX. A LAW QUESTION.
"Now, father," said Rollo, one evening, as he was sitting at the window with his father and mother, looking out upon the blue waters of the Rhone, that were shooting so swiftly under the bridges beneath the windows of the hotel, "you promised me that you would take as long a sail on the lake with me as I wished."
"Well," said his father, "I acknowledge the promise, and am ready to perform it."
"When?" asked Rollo.
"At any time," said his father.
"Then, father, let us go to-morrow," said Rollo. "We can't go to-night, for I am going so far that it will take all day. I am going to the farther end of the lake."
"Very well," said his father; "I said I would take as long a sail as you wished."
"And I will go this evening and engage a sail boat," said Rollo, "so as to have it all ready."
There was always quite a little fleet of sail boats and row boats of all kinds lying near the principal landing at the quay, ready for excursions. Rollo's plan was to engage one of these.
"No," said his father; "we will not take a sail boat; we will take a steamboat."
Besides the sail boats and row boats, there were a number of large and handsome steamboats plying on the lake. There were two or three that left in the morning, between seven and eight o'clock, and then there were one or two at noon also. Those that left in the morning had time to go to the farther end of the lake and return the same day; while those that left at noon came back the next morning. Thus, to see the lake, you could go in the forenoon of one day, and come back in the afternoon of the same, or you could go in the afternoon of one day, and come back in the morning of the next.
"Which would you do?" said Mr. Holiday to Rollo.
"But, father," said Rollo, "I think it would be pleasanter to go in a sail boat. Besides, you said that you would take me to a sail; and going in a steamboat is not sailing."
"What is it doing?" said Mr. Holiday.
"Steaming," said Rollo. "A steamer does not sail in any sense."
Mr. Holiday smiled and then paused. He was reflecting, apparently, upon what Rollo had been saying.
"Then, besides," said Rollo, "don't you think, father, it would be pleasanter to go in a sail boat?"
"The first question is," said Mr. Holiday, "whether I am bound by my promise to go with you in a sail boat, if you prefer it. I said I would take you to a sail. Would taking you in a steamboat be a fulfilment of that promise? Suppose we refer the question to an umpire, and see how he will decide it."
"Yes; but, father," said Rollo, "if you think it is best to go in the steamer, I should not insist upon the sail boat, by any means; so it is not necessary to leave it to any umpire. I will give it up."
"I know you would be willing to give it up," said Mr. Holiday; "but then we may as well first ascertain how the case actually stands. Let us first determine what the promise binds me to. If it does not bind me to go in a sail boat, then it is all right; there will be no need of any giving up. If, on the other hand, my promise does bind me to go in a sail boat, then you will consider whether you will release me from it or not, if I ask it. Besides, it will amuse us to have the question regularly decided; and it will also be a good lesson for you, in teaching you to think and speak with precision when you make promises, and to draw exact lines in respect to the performance of them."
"Well, sir," said Rollo; "who shall be the umpire?"
"Mr. Hall," said his father. "He is down in the dining room now, taking tea."
Mr. Hall was a lawyer, an acquaintance of Mr. Holiday's, whom he had accidentally met at Geneva.
"He is a lawyer," said Mr. Holiday, "and he will be a very good umpire."
"Is it a law question?" asked Rollo.
"Not exactly a law question," said Mr. Holiday, "but all such questions require for an umpire a man who is accustomed to think precisely. That is their very business. It is true that there are a great many other men besides lawyers who think precisely; and there are some lawyers who think and reason very loosely, and come to hasty and incorrect conclusions. Still, you are more likely to get a good opinion on such a subject from a lawyer than from other men taken at random. So, if you please, you may go down and state the question to Mr. Hall, and I will abide by his decision."
"Well, sir," said Rollo, "I will."
"Only," said Mr. Holiday, "you must state the question fairly. Boys generally, when they go to state a question of this kind in which they are interested, state it very unfairly."
"How, for instance?" asked Rollo.
"Why, suppose," said Mr. Holiday, "that you were to go to Mr. Hall, and say, 'Mr. Hall, father promised me that he would take me out on a sail upon the lake, as far as I wanted to go, and don't you think he ought to do it?'"
Rollo laughed heartily at this mode of putting the question. "Yes," said he, "that sounds exactly like a boy. And what would be a fair way of stating it?"
"A fair way would be," said Mr. Holiday, "to present the simple question itself, without any reference to your own interest in it, and without any indication whatever of your own wish or opinion in respect to the decision of it; as, for example, thus: 'Mr. Hall, I have a question to ask you. Suppose one person promises another that he will take him out to sail on the lake on a certain day; then, when the day comes, the promiser proposes to go in the steamboat. Would that be a good fulfilment of the promise, or not?'"
"Well, sir," said Rollo, "I will state it so."
So Rollo went down stairs into the dining room. There were various parties there, seated at the different tables. Some were taking tea, some were looking at maps and guide books, and some discussing the plan of their tours. One of the sofas had half a dozen knapsacks upon it, which belonged to a party of pedestrians that had just come in.
Rollo looked about the room, and presently saw Mr. Hall, with his wife and daughter, sitting at a table near a window. He went to him, and stated the question.
The lawyer heard Rollo attentively to the end, and then, instead of answering at once, O, yes, or O, no, as Rollo had expected, he seemed to stop to consider.
"That is quite a nice question," said Mr. Hall. "Let us look at it. The point is, whether an excursion in a steamboat is a sail, in the sense intended by the promise."
"Yes, sir," said Rollo; "that is the point exactly. I think it is not; father thinks it is."
The instant that these words were out of Rollo's mouth he was sorry that he had spoken them; for by speaking them he had furnished an indication to the umpire of what his own opinion and his own interests were in respect to the decision, which it never is fair to do in such a case, when the other party is not present to express his views and advocate his interests. The words once spoken, however, could not be recalled.
"Steamboats are certainly not propelled by sails," said the lawyer, "but yet we often apply the word sailing to them. We say, for instance, that a certain steamer will sail on such or such a day. So we say, There was no news from such or such a place when the steamer sailed."
"But it seems to me," said Rollo, "that the question is not what people call it, but what it really is. The going of a steamboat is certainly not sailing, in any sense."
It was quite ingenious arguing on Rollo's part, it must be acknowledged; but then it was wholly out of order for him to argue the question at all. He should have confined himself strictly to a simple statement of the point, since, as his father was not present to defend his side of the question, it was obviously not fair that Rollo should urge and advocate his.
"It might, at first view," said Mr. Hall, "seem to be as you say, and that the question would be solely what the steamer actually does. But, on reflection, you will see that it is not exactly so. Contracts and promises are made in language; and in making them, people use language as other people use it, and it is to be interpreted in that way. For instance: suppose a lodging-house keeper in the country should agree to furnish a lady a room in the summer where the sun did not come in at all, and then should give her one on the south side of the house, which was intolerably hot, and should claim that he had fulfilled his agreement because the sun did not itself come into the room at all, but only shone in; that would not be a good defence. We must interpret contracts and promises according to the ordinary use and custom of people in the employment of language.