The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1912-10-11

had been outwitted. trapped ana, per-
haps, ruined; that the attempt to re-
cover the money by force had failed:,
that further deception and intrigue
would likewise equally fail This ath-
letic young man, muscled like 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 whit shaken.
His face held its set like plaster, not
nerve quivered, not muscle sprung
he had been schooled to meet the
unforeseen. He had gone Though a
thousand staggering crises where the
life, the reputation, the fortuna of his
client were in flash periled. He un-
derstood instantly, judged the situa-
ton, and 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 will
not do any good" he said. 1.-THE con-
tract for the sale of this tract of land
was definitely made and concluded,
here, in the presence of this notary as
witness; the signing of the deed is
mere physical act in no way affect
ing this sale. shall at once institute
suit for the specific performance OF
this contract of sale and have a court
commissioner make the deed, If this
man refuses. The testimony of the
notary, as the only disinterested per-
son present, will insure the success Of
that suit"
Mason did not at once answer. He
stood looking closely at the man as
one might at some unusual phenome-
non in nature. Finally he spoke, as
though seeking to induce a comment.
You will hardly institute such a
suit, 1 think"
why will I not institute IT," re-
piled the attorney, his voice rising to
a stronger volume.
Mason advanced slowly with his
verbal prodding.
| WELL" he said, "let us say that
such a suit would be founded on a
moral wrong. This tract of land is
thought by your client to be fabulous
ly rich. 1t lies, believe, above a
synclinal in the oil-bearing strata.
That is, it contains the oil reservoir Of
the whole region around 1t. 1t is
worth, your client tells me, a half
million dollars. To take 1t from the
owner for mere thousand would be a
striking injustice. If the law per-
mitted this wrong, would your con-
science permit it?''
| The attorney standing at the doos
laughed without disturbing the mug
cles of his face.
I'VE will take exactly what thu
law gives u.s." he said.
Il thought that" replied Randolph
Mason, his prodding ended, his voiee
now flashing like whip, land, there
fore, have taken care to see that Tho
law does not permit this wrong to be
come effective. If you look at chaptG
ninety eight of the Code of the stats
In which this oil territory lies, yot
will discover that no contract for tho
sale of real estate can be enforced in
its courts unless that contract, or
some agreement or memorandum OF
1t, be in writing and signed by the
party to be charged thereby Or his
agents. A contract for the sale OF
land in that state may be male in
the presence of hundred witnesses.
every detail agreed 1T, the bargain
struck, or assented to, ended, and yet
| it cannot be enforced in It's courts
without some signed writing. This
act is called the Statute of Frauds. l
semmend 1t, likewise, to you for the
value of its name"
The hope rising in Roger Shelton's
eyes, called up by the words Of Ais
council, died there. His mouth. bleed
ing from the impact Of his eneny's
knuckles or the bone, fell into Dag
gy gaping. He turned painfully
through the door. The attorney
remained a moment, looking at
Randolph Mason. He had been sut'
witted, baked, juggled with, chen
grilled on the fire, and yet he ctme
forth unmoved, 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, realizing
now the full import of Masonic re.
markable strategy, came forward With
profound expressions of thankful1ess.
The unfair gains of rascal had been
skillfully choked out of him. Kesti!
tuition had been made to tricked per-
sons, and yet nothing ~ 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 dreamer:
Randolph Mason cut short these
speeches with gesture OF Impotence.
Gratitude" he said, "fke regret,
annoys me-"
III For the legal principle In
volved in this story see Sec.
of chapter 90 Of tire Code of
IA West Virginia, called the Statue
of Frauds.