Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1912-10-11

nad Deen OutWItlSu, udppSu anu PCAe
haps, ruined; that the attempt to re-
cover the money by force had failed;
that further deception n intrigue
would likewise equally fail. This ath-
letic young man. muscled like a black
smith. his hands %clenched. his shout
ders thrown loosely forward. 1t were
folly to assail with blows. 1t were
equally folly to assail with wiles that
other there, calmly tearing the deed
to ribbons, running the strips Of pa
per backward and forward through his
fingers.
The plan had crashed without .
warning, and yet the attorneys pres
ence of mind was not a whit shaken.
His face held Its set like plaster. noc
a nerve %quivered, not a muscle sprung
he had beer schooled to meet the
unforeseen. He had gone through .
thousand staggering crises where the
life. the reputation. the fortune OF his
client were in a fash periled. He I'M
derstood instantly. judged the situa-
ton, n acted at once. He thrust
the pack OF one thousand dollars. LEFT
lying on the table. into his pocket
and helped his dazed client to his feet
and to the door. Then he turned
back to Randolph Mason.
Your destruction OF this deed viii
not do any good" he said. The con-
tract for the sale Of this tract of land
was definitely made and concluded.
here, in the presence Of this notary -
a witness; the signing of the deed 70
a mere physical act In no way AFFECT
ing this sale. l shall at once institute
a suit for the specific performances Of
this contract Of sale and have . u
commissioner make the deed. II this
man refuses. The testimony Of the
notary, as the only distnterested per
that suit"
Mason did not at once answer He
stood looking closely at the man ~
one might at some unusual phencme-
non In nature. Finally he spoke. ~
though seeking to induce = comment.
"You will hardly institute such :
suit. ! think"
why will 1 not institute III" re-
piled the attorney. his voice rising 70
a stronger volume.
Mason advanced slowly with his
verbal prodding. 81;
well" he said. 'let us say that
such a suit would be founded ON =
moral wrong. This tract Of land. u
thought, by your client to be fabulous
ly rich. 1t lies, believe, above =
synclinal in the oil.bearing strata,
That is, 1t contains the oil reservoir q
the whole region around 1t. It =
worth. your client tells me. q hall,
million dollars. To take It from tho
owner for a mere thousand would be =
striking injustice. II the law per-
mitted this wrong, would your con-
science permit it,"
The attorney standing at the door
laughed without disturbing b mus
cles of his face. s4t
I'VE will take exactly what the
law gives US" he said.
II thought that" replied Randolph
Mason, his prodding ended. his voice
now flashing like a whip. and. there
fore, l have taken care to see that ne
law does not permit this wrong to De-
come effective. II you look at chapter
ninety-eight OF the Code Of the stats
In which this oil territory lies, you
will discover that no contract for the
sale Of real estate can be enforced IN
It's courts unless that contract, or
some agreement or memorandum Of
1t, be in writing and signed by fh0
party to be charged thereby or his
agents. A contract for the sale Of
land in that state nay be made IN
the presence OF a hundred witnesses,
every detail agreed 1t, the bargain
struck. or assented to. ended, n yet
1t cannot be enforced in its courts
without some signed writing. ThiS
act is called the Statute OF Frauds
commend It, likewise, to you for the
value of its name"
The hope rising in Roger shelton's
eyes, called up by the words OF his
counsel. died there. His mouth. bleed
ing from the impact of his enemy's
knuckles on the bone, fell Into a bag
gy gaping. He turned painfully
through the door. The attorney
remained a moment, looking at
randolph Mason. He had been out
witted. baked. juggled with, then
grilled on the fire, and yet he cams
forth unmoved. a Narraganset from
the stake. He followed his client
slowly out, his face placid as though
every nerve in it were cut.
The two bank directors, reaiizins
now the full import Of Mason's re
markable strategy, came forward with
profound expressions of thankfulness
The unfair gains Of a rascal had been
skillfully choked out Of him Resti-
tuition had been made to tricked per.
sons, and yet nothing OF value had
been lost. The ell dorado sighted was
there, remaining in its owners hands.
1t was like some %altruistic adjustment
written into the journal OF q, dreamer.
Randolph Mason cut short, these
speeches with gesture Of impatfencee.
Gratitude" he said. like regret
annoys me-"
For the legal principles In