“By
the time we next meet, I expect you to have researched the five cases that
followed Carter versus Amalgamated Steel, through to
Demetri
versus
Demetri
, all of which resulted in changes in
the law. You may work in pairs, but not consult any other pair. I hope I make
myself clear.” The clock struck eleven. “Good morning, ladies and gentlemen.”
Fletcher
and Jimmy shared the workload as they trawled through case after case, and by
the end of the week, they had found three that were relevant. Joanna pulled
from the recesses of her memory a fourth that had been heard in Ohio when she
was a child. She refused to give them any more clues.
“What
does love, honor and obey mean?” demanded Jimmy.
“I
never agreed to obey you, freshman,” was all she said, “and by the way, if
Elizabeth wakes up during the night, it’s your turn to change her diaper.”
“Sumner
versus Sumner,”
Jimmy
told her triumphantly as he slipped into bed just after midnight.
“Not
bad, freshman, but you still have to find the fifth by ten o’clock on Monday if
you’re hoping to get a smile out of Professor Abrahams.”
“I
think we’d have to do a whole lot more than that to move the lips on that block
of granite,” said Jimmy.
As
Nat climbed the hill, he spotted her running ahead of him. Nat assumed he would
pass her on the downward slope. He checked his watch as he reached the halfway
mark.
Seventeen minutes and I nine seconds.
Nat felt
confident that he would break his personal best, and be back on the team for
the first meet of the season.
He
felt full of energy as he surged over the brow of the hill and then he swore
out loud. The stupid woman had taken the wrong path. She had to be a freshman. He
began to shout at her back, but she didn’t respond. He cursed again, changed
direction and chased after her. As he came bounding down the slope, she
suddenly turned and looked startled.
“You’re
going the wrong way,” shouted Nat, ready to turn and quickly retrace his steps,
but even at twenty yards he wanted to take a closer look. He jogged quickly up
to her, and kept running on the spot.
“Thank
you,” she said, “it’s only my second time on the course, and I couldn’t
remember which path to take at the top of the hill.”
Nat
smiled. “You have to take the smaller path; the wider one leads you into the
woods.”
“Thank
you,” she repeated, and began running back up the hill without another word.
He
chased after her, and once he had caught up jogged by her side until they
reached the top. He waved goodbye once he was certain she had returned to the
straight and narrow. “See you later.” he said, but if she replied, Nat didn’t
hear her.
Nat
checked his watch as he crossed the finishing line. Forty-three minutes, fifty-one
seconds.
He
cursed again, wondering how much time he’d lost redirecting the wrong-path
woman. He didn’t mind. He began to cool down, and took longer over his
stretching exercises than he normally would have done, as he waited for the
young woman to return.
Suddenly
she appeared at the top of the hill, running down toward the finishing line.
“You made it,”
Nat
said with a smile as he jogged over to join her. She didn’t return his smile.
“I’m
Nat Cartwright,” he said.
“I
know who you are,” she replied curtly.
“Have
we met before?”
“No,”
she said, “I know you only by reputation.”
She
jogged off in the direction of the women’s locker room without offering any
further explanation.
“Stand
up, those who managed to find all five cases.”
Fletcher
and Jimmy
rose
triumphantly, an emotion that deflated
when they discovered at least seventy percent of the class were also on their
feet.
“Four?”
said the professor, trying not to sound too disdainful. Most of those remaining
rose, leaving around ten percent still seated. Fletcher could only wonder how
many of them would complete the course. “Sit down,” he said. “Let us begin with
Maxwell River Gas versus
Pennstone
... what change in
the law came about because of that particular case?” He pointed to a student in
the third row.
“In
1932 it became the company’s responsibility to ensure that all equipment
complied with safety regulations, and all employees understood any emergency
procedure.”
The
professor moved his finger on.
“Any
written instructions had to be posted where every employee could read them.”
“When
did that become redundant?”
The
finger moved again, another voice, “
Reijnolds
versus
McDermond
Timber.”
“Correct.”
The finger moved again. “And why?”
“Reynolds
lost three fingers when cutting a log, but his defense counsel was able to show
he couldn’t read, and had not been given any verbal instruction on how to
operate the machine.”
“What
was the basis of the new law?” The finger moved again.
“The Industry Act, 1934, when it became an
employer’s responsibility to instruct all staff, verbally and in writing, how
to use any equipment.”
“When
did that need further amendments?” Someone else was selected.
“Rush
versus the government.”
“Correct,
but why did the government still win the case despite being in the wrong?”
Yet another selection.
“I don’t know, sir.” The finger moved scornfully on, in search of someone who
did.
“The
government was able to defend its position when it was shown that Rush had
signed an agreement stating...” The finger moved.
“...
that
he’d received full instructions as demanded by
law.” The finger moved again.
“That
he had also been in their employ beyond the statutory three-year period.” The
finger continued moving. .
“
dis
. but the government went on to prove they were not a
company in the strict meaning of the word, as the bill had been badly drafted
by the politicians.”
“Don’t
blame the politicians,” said Abrahams. “Lawyers draft legislation, so they must
take the responsibility. The politicians were not culpable on this occasion, so
once the courts accepted that the government was not subject to its own
legislation,
who
caused the law to be changed yet
again?” He pointed the finger at another terrified face.
“
Demetri
versus
Demetri
,”
came
the reply.
“How
did this differ from past laws?” The finger came to rest on Fletcher.
“It
was the first time that one member of a family sued another for negligence
while they were still married, as well as being fifty-fifty shareholders in the
company concerned.”
“Why
did that action fail?” he continued to stare at Fletcher.
“Because Mrs.
Demetri
refused to give evidence against her husband.”
The
finger moved on to Jimmy. “Why did she refuse?” demanded Abrahams.
“Because she was stupid.”
“Why
was she stupid?” demanded the professor again.
“Because
her husband probably made love to her, or hit her, the
night
before or possibly even
both, so she caved in.” A little laughter broke
out.
“Were
you present to witness the lovemaking, Mr. Gates, or the attack on her?” asked
Abrahams, to even more laughter.
“No,
sir,” said Jimmy, “but I’ll bet it’s what happened.”
“You
may well be right, Mr. Gates, but you would not have been able to prove what
took place in the bedroom that night unless you could provide a reliable
witness. Had you made such a rash statement in court, opposing counsel would
have objected, the judge would have sustained his objection, and the jury would
have dismissed you as a fool, Mr. Gates. And more importantly, you would have
let down your client.
Don’t
ever rely on what might have happened, however likely it appears, unless you
can prove it.
If you can’t, remain silent.”
“B
..”
began Fletcher. Several students quickly bowed their
heads,
others held their breath, while the rest just stared
at Fletcher in disbelief.
“Name?”
“Davenport, sir.”
“No
doubt you feel able to explain what you mean by the word “but,” Mr. Davenport?”
“Mrs.
Demetri
was advised by her counsel that if she won
the case, as neither of them owned a majority holding, the company would have
to cease trading. The Kendall Act, 1941. She then placed her shares on the open
market and they were picked up by her husband’s greatest rival, a Mr.
Canelli
, for $100,000. I cannot prove that Mr.
Canelli
was, or wasn’t, sleeping with Mrs.
Demetri
, but I do know that the company went into
liquidation a year later, when she repurchased her shares for ten cents each,
at a cost of $7,300, and then immediately signed a new partnership deal with
her husband.”
“Was
Mr.
Canelli
able to prove the
Demetris
were acting in collusion?” Fletcher thought carefully. Was Abrahams setting him
a trap? “Why do you hesitate?” demanded Abrahams.
“It
wouldn’t constitute proof, professor.”
“Nevertheless,
what is it you wish to tell us?”
“Mrs.
Demetri
produced a second child a year later, and the
birth certificate indicated that Mr.
Demetri
was the
father.”
“You’re
right, that is not proof,
so
what charge was brought
against her?”
“None;
in fact, the new company went on to be very successful.”
“Then
how did they cause the law to be changed?”
“The
judge brought this case to the attention of the attorney general of that
state.”
“Which
state?”
“Ohio,
and as a consequence, they passed the Marriage Partnership Act.”
“Year?”
“1949.”
“Changes of relevance?”
“Husbands
and wives could no longer repurchase shares sold in a former company in which
they had been partners, if that directly benefited them as individuals.”
“Thank
you, Mr. Davenport,” said the professor, as the clock struck eleven. “Your “b”
‘ was
well qualified.” A ripple of applause broke out. “But
not that well qualified,” added Abrahams, as he left the lecture theater.
Nat
sat on the wall opposite the dining hall and waited patiently. After he had
seen about five hundred young women leave the building, he decided the reason
she was so slim was because she simply didn’t eat. Then she suddenly came
rushing through the swing doors. Nat had been given more than enough time to
rehearse his lines, but still felt nervous when he caught up with her. “Hi, I’m
Nat.” She looked up, but didn’t smile. “We met the other day.” She still didn’t
respond.
“On the top of the hill.”
“Yes,
I do remember,” she said.
“But
you didn’t tell me your name.”
“No,
I didn’t.”
“Have
I done something to annoy you?”
“No.”
“Then
can I ask what you meant by “your reputation”?”
“Mr.
Cartwright, you may be surprised to learn that there are some women on this
campus who don’t think you have the automatic right to claim their virginity
simply because you’ve won the Medal of Honor.”
“I
never thought I did.”
“But
you must be aware that half the women on campus claim they’ve slept with you.”
“They
may well claim it,” said Nat, “but the truth is that only two of them can prove
it.”
“But
everyone knows how many girls chase after you.”
“And
most of them can’t keep up, as I’m sure you remember.” He laughed, but she
didn’t respond. “So why can’t I fall for someone just like anyone else?”
“But
you’re not just like anyone else,” she said quietly. “You’re a war hero on a
captain’s salary, and as such you expect everyone else to fall in line.”
“Who
told you that?”
“Someone who’s known you since your school days.”
“Ralph
Elliot, no doubt?”
“Yes,
the man you tried to cheat out of the Tail student government presidency...”
“I
did what?” said Nat.
“
dis
. and then passed off his essay as yours when you applied
for Yale,” she said ignoring his interruption.
“Is
that what he told you?”