Stuyvesant Part 13

"Don't you?" said Beechnut; "then I'll read it again."

So Beechnut began again.

"A. has a certain contract----"

Here Beechnut paused and looked up at the boys.

"A. means Beechnut," said Stuyvesant.

"Then why don't you _say_ Beechnut?" said Phonny.

"And the contract," continued Stuyvesant, "is the agreement about the hens."

"Which he is willing to offer," continued Beechnut, "to either B. or C."

"That is, either to you or me," said Stuyvesant.

"Yes," said Phonny, "I understand so far. But what is that about priority."

"Priority," said Beechnut, "means precedence in respect to time."

"That is harder to understand than priority," said Phonny.

"The question is," continued Beechnut, "which must be considered as first in order of time, the one who had the offer first, or the one who accepted first."

"The one who accepted first," said Phonny.

"You are not to decide the question," said Beechnut. "I was only explaining to you what the question is. You must carry the paper to Mr. Wallace and get his opinion."

"But Beechnut," said Phonny, "why don't you tell him all about it, just as it was, instead of making up such a story about A. B. and C.

and priority."

"Why, when we refer a case to an umpire for decision," said Beechnut, "it is always best, when we can, to state the principle of the question in general terms, so that he can decide it in the abstract, without knowing who the real parties are, and how they are to be affected by his decision. Here's Mr. Wallace now, who would not like very well to decide in favor of his brother and against you, even if he thought that his brother was in the right. But by not letting him know any thing but the general principle he can decide just as he thinks, without fear that you would think him partial."

"Well," said Phonny, "I will carry him the paper."

"You must only give him the paper," said Beechnut, "and not tell him any thing about the case yourself."

"No," said Phonny, "I will not."

"For if you do," continued Beechnut, "he will know who the parties are, and then he will not like to decide the question."

"Well," said Phonny, "I will not tell him."

"Let Stuyvesant go with you," said Beechnut.

"Well," said Phonny.

Phonny accordingly took the paper and went into the house with Stuyvesant. He led the way up into his cousin Wallace's room. He found Wallace seated at his table in his alcove, where he usually studied.

The curtains were both up, which was the signal that Phonny might go and speak to him.

Phonny and Stuyvesant accordingly walked up to the table, and Wallace asked them if they wished to speak to him.

[Ill.u.s.tration: THE APPEAL.]

Phonny handed him the paper.

"There," said he, "is a case for you to decide."

Wallace took the paper and read it. He said nothing, but seemed for a moment to be thinking on the subject, and then he took his pen and wrote several lines under the question. Phonny supposed that he was writing his answer.

After his writing was finished, Wallace folded up the paper, and told Phonny that he must not read it until he had given it to Beechnut.

"How did you know that it was from Beechnut?" said Phonny.

"I knew by the handwriting," said Wallace. "Besides, I knew that there was n.o.body else here who would have referred such a question to me, in such a scientific way."

So Phonny took the paper and carried it down to Beechnut.

Beechnut opened it, and read aloud as follows:

My judgment is, that it would depend upon whether B. had a reasonable time to consider and decide upon the offer, before C. came forward. In all cases of making an offer, it is implied that reasonable time is allowed to consider it.

"The question is, then, boys," said Beechnut, "whether Stuyvesant had had a reasonable time to consider my offer, before Phonny came forward. What do you think about that, Phonny?"

"Why, yes," said Phonny, "he had an hour."

Stuyvesant said nothing.

"I will think about that while I am riding," said Beechnut, "and tell you what I conclude upon it when I return. Perhaps we shall have to refer that question to Mr. Wallace, too."

So Beechnut drove away, and the boys went back into the shop. Here they resumed their work of putting the tools in order, and while doing so, they continued their conversation about the question of priority.

"_I_ think," said Phonny, "that you had abundance of time to consider whether you would accept the offer."

"We might leave that question to Wallace, too," said Stuyvesant.

"Yes," said Phonny, "let's go now and ask him."

"Well," said Stuyvesant, "I am willing."

"Only," said Phonny, "we must not tell him what the question is about."

"No," said Stuyvesant.

So the boys went together up to Wallace's room. They found him in his alcove as before. They advanced to the table, and Wallace looked up to them to hear what they had to say.

"B. had an hour to consider of his offer," said Phonny, "don't you think that that was enough?"