Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-09
THIS AND THAT
BY CHARLES E. TRACEWELL.

Cicero's essay "On Duties" consti-
tutes one OF the famous writings OF
ancient times. The modern reader
finds it slightly dull. yet he who be-
lieves in the moral nature Of man will
discover much good In 1t.
Written for a hayward son. this
stately production is divided into three
books, the first treating of the right.
the second OF expcdiency. or utility,
and the third of alleged or seeming
discrepancies between the expcdient
and the right.
There are far too many sentences In
ia modern editor would slash 1t to
a fourth of It's present length. II. In
iced. he would print 1t at all. Yet IN
1t Cicero displays himself a man of
such great humanity and decency that
quotations from It are as virile today
as when written.
Consider what this old Roman says
in regard to selling house. He stands
firmly on the proposition that when a
thing Is wrong 1t ought not to be done.
He makes no compromise. Listen to
Marcus Tullius;
"A good man sells house on &C
count of some defects, OF which he
himself Is aware and others ignorant.
Perhaps it is unhealthy and is sup
posed to be hcalthy-it Is not generally
known that snakes make their appear
ance in all the bedrooms-it Is built
of bad materials. and Is in ruinous
condition. but nobody knows this ex-
ccpt the owner
Il ask. If the seller should have
~ 1,o htt<a
and should thus have sold his house
for higher price than he could have
reasonably expected. whether he would
have acted unjust.y or unfairly?
Yes. he would says Antipater, for
what is meant by not putting into the
right way one who has lost his way
(which at Athens exposed man to
public exccration). II It does not m
clude the case in which buyer is per-
mittcd TO rush bindly on. and through
his mistake 10 fall into heavy loss
bv fraudulent means? 1t Is even worse
than not showing the right way: It is
knowingly leading another into the
wrong way
"Dioeenes, on the other hand. says:
Did he who did not even advise you to
buy force you to buy? He advertised
for sale what he did not like: you
bought what you did like. Certainly,
II those who advertise good and we'll
built house are not regarded as SWIM
dlers. even though It Is neither good
nor properly built. much less should
those be so regarded who have said
nothing In praise Of their house. For
in a case In which the buyer can ex-
ercise his own Judgment. what fraud
can there be On the part Of the seller?
And II oil that Is said is not to be guar
an.eed. do you think that what Is not
said ought to be guaranteed? What
could be more foolish than for the seller
to tell the defects OF the article that
he is selling? Nay. what so absurd as
for an auctioneer. by the owners d.
rection. to proclaim. Il am selling an
unhealthy house?"'
Thus. then In certain doubtful cases
the right Is defended on the one side:
on the other. exped.ency Is urged on the
ground that 1t Is not only right to do
what seems cxpedient, but even wrong
not to do 1t. This Is the discrepancy
which seems often to exist between the
cxpedient and the right. Bat must
state my decision in these cases. for
introduced them, not 10 raise the In
ouiry concerning them. but 10 give
them solution.
1T seems to me. then, that this seller
OF the house ought not to have prac-
.iced concc alment with the buyer. In
truth. reticence with regard TO any mat
Ter whatever does not constitute Gen.
cealment: but conccalment consists In
willingly hiding from others for your
own advantage something that you
know
Who docs not see what sort OF an
act such concealmcrt is. and what sort
OF a man he must be who practices Il?
Certainly this Is not the conduct OF an
open. frank. honest. good man. but
rather OF a willy. dark. crafty deceitful.
ili-meaning. cunning man. an old rogue.
sw!ndler Is IL not inexpedient TO