The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-10-16

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The facts IN the case, as you state
them, point TO judicial connivance, and
we should always be slow TO charge
that. Mr.. Kent. Technically, the court
was not at fault. Due notice was
served on the ccmpany's attorney ol
record, and you admit, yourself, that
the delay short as it was, would nave
been sufficient if you had not been
accidentally detained. And, since
there were no cOn.ravening afhdaVits
submitted, Judge MacFarlane was
technically warranted in granting the
prayer for a temporary receiver"
I'm not trying 70 refute that, said
Kent But afterward, when l
called upon the Judge with the evil
dence in hand"
He was under no absolute obliga-
ton TO retry the case out Of court, as
YOU know, Mr.. Kent. Neither was he
obliged to give you an unofficial notice
Of the day upon which he would near
your motion for the discharge Of the
receiver and the vacation or MS order
appointing him"
Under 10 absolute legal obligation,
perhaps" retorted Kent. But the
moral obligation"
we are coming TO that I have been
giving you what would probably be a
minority opinion OF an appellate court,
If you could take an appeal. The ma
iority opinion might take higher
grounds pointing 10 the manifest in
justice done to the defendant company
by the shortneEs of the delay granted;
by Judge MacFarlanes refusal to con-
tinue the hearing for one hour, though
your attorney was present and pleading
for the same: and lastly for the in
definite postponement Of the hearing
on the merits Of insufficient grounds,
since the Judge was not at the time,
and has not since been, too i'll TO at
tend to the routine duties Of his
Office"
Kent looked up quickly.
Judge Marston, do you know that
last assertion to be true?" he de-
manded.
The slow smile came and went in
the retrospective eyes Of the older
man.
4 have been giving you the opin-
ion Of the higher court" he said, with
his nearest approach to jocoseness. 1T
IL based upon the supposition that
your allegations would be supported
by evidence"
Kent smoked on in silence while the
train measured the rail lengths be-
tween two Of the isolated prairie sta
tons. When he spoke again there
was honest Difference in his manner.
Mr.. Marston, you have far bet
ter right TO your courtesy title of
Judge than that given by the Great
American Title Company, Unlimited,
he said. will you advise me?"
"As plain Oliver Marston and man
old enough to be your father, yes.
What have you been doing? Trying
TO GUST the receiver, I suppose"
Yes; trying to find some technical
flaw by which he could be ousted."
1t can't be done. You must strike
higher. Are you fully convinced OF
Judge MacFarlane's venality?"
las fully as I can be without having
seen with my own eyes and heard with
my own ears"
Marston opened his watch and
looked at it. Then he lighted another
Of the villainous little cigars.
We have an hour yet" he said
You have been giving me the lega
points in the case; now give me the
inferences-alI of them
Kent laughed.
I'm afraid sha'n't be able to for
get the Lieutenant Governor. l shall
have TO call some pretty hard names
Call them said his companion
briefly; and Kent went deep into thu
details, beginning with the formation
OF the political gang in CASTOR TIT
dismantled.
The listener in the gray dust-coa
heard him through without comment
When Kent reached the end of the in
ferences, telling the truth withou
scruple and letting the charge of poll
teal and judicial corruption lie wher'
il would, the engineer was whistlinE
for the capital.
You have told me some things
knew, and some others that 1 onl.
suspected" was all the answer he go
until the train was slowing into tn
Union station. Then as he flung ava!
the stump of the little cigar the silen
one added: IF I were in your place
Mr.. Kent, / believe I should take
supplementary course of reading il
the State law"
In what particular part of II" sale
Kent. keen anxiety in every word.
I'm that part of the Fundamental
law which relates to the election O
Circuit Judges, let us say. If l haC
your case to fight / should try to OBJ
literate Judge MacFarlane."
Kent had but a moment in which Il
remark the curious coincidence in the
use of precisely the same word bl
both Hunnicott and his present ad
wiser.
But, my dear SIR, we should gair
nothing by MacFarlanes remova
when his successor would be appoint
ed by the executiven
Marston turned in the doorway o.
the smoking compartment and laid &
fatherly hand on the younger mans
shoulder.
My boy, I didn't say remove;
said .'obliterate.' Good night"
CHAPTER XIV.