The Washington times., 1931-11-24

my dear Mark, mark the point;
the judges all said was wrong
and the funny part about it
is that the great judge who
wrote the opinion in the Cir
cult Court of Appeals-and he
is a great judge, make no mis-
take about it-undertook to tell
me, in his opinion, why I was
wrong.
HE referred to Shakespeare's
play of Twelfth Night and
wrote illustratively of Malvolio
and Toby in Twelfth Night
lust as if Malvolio and Tory
in Twelfth Night really had
anything to do, from a struc-
tural standpoint. with Twelfth
Night If you remember your
Shakespeare, Twelfth Night is
a play about the comedy OF
love. 1t is just as mucn a
comedy as love itself, which is
the 'comediest' thing on earth.
save and except the law OF
plagiarism.
Court VS.. Shakespeare
"Twelfth Night is a play
about Viola primarily, and the
fellow that she undertook to
serve and fell in love with, the
Duke of Orsino, and V1ola's
twin brother Sebastian, who in
this comedy of errors was shut
fled back and forth between
Olivia, whom Orsino wanted to
marry, and Orsino whom Viola
had fallen in I'VE with.
In other words. Twelfth
Night play about these
cour characters-and Malvolio
and Toby bear the same rela-
ton to the play Of Twelfth
Night as I do to the Vatican.
1 love the Vatican, but I do
not believe they will ever let
me into heaven because, really,
I don't belong. That Is an
other comedy Vi love.
Carrying my ',arable d itrie
further, it all depends upo1 Cre
Interpretation. Perhaps you can
interpret the Japanese Chinese
imbroglio. If you read the letter
of the treaties, you will observe
that Japan believes in the
theory of a scrap of paper. II
you interpret according to the
spirit of things, Japan has j':st
about as much right to be a
keeper of the heHthen Chinese
as we have to be a keeper OF
the FilipinoS.
IF we have a right to rule
or own a Filipino, why has not
the Jap a right to rule or own
a Manchurian? It all depends
upon the Interpretation.
Is a Conundrum
"In other words, my dear
brother, there isn't enough sun
shine in the world for every
one to get under the rays, and
the fellow who gets there first
and can keep the sun on his
particular spot-barring gun
men and gangsters-may be
able to raise fruit and flowers.
That, too, depends upon the
degree of temperature.
Thus the old world wags.
God bless you.
Yours sincerely,
IN. L. MALEVINSKY."
"P. S.-What I really wanted
to PROFOUND to you in re
plagiarism is a conundrum.
If the Chief Justice of the
Supreme Court of the United
States, as a practicing lawyer,
did not know a plagiarism
case, does the practicing law.
yer, when he becomes the
President of the United States,
know a plagiarism case-and
if the most eminent judges
and lawyers do not know the
difference between the bench
and the bar, what is a Vol
stead?...
"A Volunteer Expert
Thank you very much. Mr..
Malevinsky. It has been a
long time since I enjoyed a
letter quite so much. If Judge
Charles E. Hughes will now
take time off from. his duties
and answer your letter in this
space, I will be. extremely
happy.
Only one more thing, Mr..
Malevinsky. They tell me that,
for an outline such as you
prepared in your letter to me,
your fee would undoubtedly
run anywhere from $4,000 to
$4,000. Accordingly, if the mat.
ter ever comes up, I want one
thing said on the record right
here and now.
/ didn't ask you for it, sir,
you sent it to me.