"Not exactly a law question," said Mr. Holiday, "but all such questions require for an umpire a man who is accustomed to think precisely. That is their very business. It is true that there are a great many other men besides lawyers who think precisely; and there are some lawyers who think and reason very loosely, and come to hasty and incorrect conclusions. Still, you are more likely to get a good opinion on such a subject from a lawyer than from other men taken at random. So, if you please, you may go down and state the question to Mr. Hall, and I will abide by his decision."
"Well, sir," said Rollo, "I will."
"Only," said Mr. Holiday, "you must state the question fairly. Boys generally, when they go to state a question of this kind in which they are interested, state it very unfairly."
"How, for instance?" asked Rollo.
"Why, suppose," said Mr. Holiday, "that you were to go to Mr. Hall, and say, "Mr. Hall, father promised me that he would take me out on a sail upon the lake, as far as I wanted to go, and don"t you think he ought to do it?""
Rollo laughed heartily at this mode of putting the question. "Yes," said he, "that sounds exactly like a boy. And what would be a fair way of stating it?"
"A fair way would be," said Mr. Holiday, "to present the simple question itself, without any reference to your own interest in it, and without any indication whatever of your own wish or opinion in respect to the decision of it; as, for example, thus: "Mr. Hall, I have a question to ask you. Suppose one person promises another that he will take him out to sail on the lake on a certain day; then, when the day comes, the promiser proposes to go in the steamboat. Would that be a good fulfilment of the promise, or not?""
"Well, sir," said Rollo, "I will state it so."
So Rollo went down stairs into the dining room. There were various parties there, seated at the different tables. Some were taking tea, some were looking at maps and guide books, and some discussing the plan of their tours. One of the sofas had half a dozen knapsacks upon it, which belonged to a party of pedestrians that had just come in.
Rollo looked about the room, and presently saw Mr. Hall, with his wife and daughter, sitting at a table near a window. He went to him, and stated the question.
The lawyer heard Rollo attentively to the end, and then, instead of answering at once, O, yes, or O, no, as Rollo had expected, he seemed to stop to consider.
"That is quite a nice question," said Mr. Hall. "Let us look at it. The point is, whether an excursion in a steamboat is a _sail_, in the sense intended by the promise."
"Yes, sir," said Rollo; "that is the point exactly. I think it is not; father thinks it is."
The instant that these words were out of Rollo"s mouth he was sorry that he had spoken them; for by speaking them he had furnished an indication to the umpire of what his own opinion and his own interests were in respect to the decision, which it never is fair to do in such a case, when the other party is not present to express _his_ views and advocate his interests. The words once spoken, however, could not be recalled.
"Steamboats are certainly not propelled by sails," said the lawyer, "but yet we often apply the word _sailing_ to them. We say, for instance, that a certain steamer will sail on such or such a day. So we say, There was no news from such or such a place when the steamer sailed."
"But it seems to me," said Rollo, "that the question is not what people call it, but what it really is. The going of a steamboat is certainly not sailing, in any sense."
It was quite ingenious arguing on Rollo"s part, it must be acknowledged; but then it was wholly out of order for him to argue the question at all. He should have confined himself strictly to a simple statement of the point, since, as his father was not present to defend _his_ side of the question, it was obviously not fair that Rollo should urge and advocate his.
"It might, at first view," said Mr. Hall, "seem to be as you say, and that the question would be solely what the steamer actually does. But, on reflection, you will see that it is not exactly so. Contracts and promises are made in language; and in making them, people use language as other people use it, and it is to be interpreted in that way. For instance: suppose a lodging-house keeper in the country should agree to furnish a lady a room in the summer where the sun did not come in at all, and then should give her one on the south side of the house, which was intolerably hot, and should claim that he had fulfilled his agreement because the sun did not itself _come_ into the room at all, but only shone in; that would not be a good defence. We must interpret contracts and promises according to the ordinary use and custom of people in the employment of language.
"Still," said Mr. Hall, "although we certainly do apply the simple term _sailing_ to a steamer, I hardly think that a trip in a steamer on a regular and established route would be called, according to the ordinary and established use of language, taking a sail. Was that the promise--that one party would go with the other to _take a sail_ on the lake?"
"Yes, sir," said Rollo; "he promised to go and take a sail with me on the lake, as far as I wanted to go."
"Then," said Mr. Hall, "I should think, on the whole, that, in such a place as this, where there are so many regular sail boats, and where excursions on the lake in them are so common and so well recognized as a distinct amus.e.m.e.nt, the phrase _taking a sail_ ought to be held to mean going in a sail boat, and that making a voyage in a steamer would not be fulfilling the promise."
Rollo was extremely delighted in having thus gained his case, and he went back to report the result to his father, in a state of great exultation.
After communicating to his father the decision of the umpire, Rollo said that, after all, he did not wish to go in a sail boat if his father thought it best to go in a steamer.
"Well," said Mr. Holiday, "that depends upon how far we go. It is pleasant enough to go out a short distance on the water in a sail boat, but for a long excursion the steamer is generally considered much pleasanter. In a sail boat you are down very low, near the surface of the water, and so you have no commanding views. Then you have no shelter either from the sun, if it is clear, or from the rain, if it is cloudy.
You are closely confined, too, or at least you can move about only a very little; whereas in the steamer there is plenty of s.p.a.ce, and there are a great many groups of people, and little incidents are constantly occurring to amuse you."
"Besides," said Mrs. Holiday, "if you go in the steamer, I can go with you."
"Why, mother, could not you go in a sail boat too?"
"No," said Mrs. Holiday; "I am afraid of sail boats."
"O mother!" said Rollo; "there is not any danger at all."
"Yes, Rollo," said his father, "there is some danger, for sail boats do sometimes upset."
"And steamboats sometimes blow up," said Rollo.
"True," said his father; "but that only shows that there is danger in steamboats too--not that there is no danger in sail boats."
"Well, what I mean," said Rollo, "is, that there is very little danger, and that mother has no occasion to be afraid."
"There is very little danger, I grant," said Mr. Holiday; "but there is just enough to keep ladies, who are less accustomed to the water than we are, almost all the time uneasy, and thus to destroy for them the pleasure of the excursion.
"I"ll tell you what I think will be the best plan. You and I will go out and take a little sail to-night on the lake in a sail boat, and mother may stay and watch us from the window, as she reads and sews. Then to-morrow we will go together to make an excursion on the lake."
Rollo liked this plan very much indeed, and his father sent him down to the landing to engage the boat. "I will come down," said Mr. Holiday, "by the time you get ready."
So Rollo went down and engaged a boat. It was rigged, as all the boats on the Lake of Geneva are, with what are called lateen sails. His father soon came down, and they immediately embarked on board the boat, and sailed away from the landing. As the boat moved away Rollo waved his handkerchief to his mother whom he saw sitting on the balcony of the hotel, waving hers to him.
[Ill.u.s.tration: GOING TO TAKE A SAIL.]
Rollo and his father sailed about the lake for nearly an hour. Mr.
Holiday said it was one of the pleasantest sails he ever had in his life, and that he was very glad indeed that Mr. Hall decided against him.
He gave Rollo"s mother a full account of the excursion when he got home.
"The water was very smooth," said he, "and the air was cool and balmy.
There was a gentle breath of wind, just enough to float us smoothly and quietly over the water. We had charming views of the town and of the sh.o.r.es of the lake, and also of the stupendous ranges of snow-covered mountains beyond."
CHAPTER X.
AN EXCURSION ON THE LAKE.
The Lake of Geneva is shaped, as has already been said, like the new moon. One of the horns is towards the west; the other is towards the south. Geneva is at the tip of the western horn.
Of course, in sailing from Geneva to the other end of the lake, we go from the west towards the east; and this renders it rather more agreeable to make the excursion by an afternoon boat than by a morning one; for in the afternoon, the sun, being then in the western part of the sky, will be behind you, and so will not shine in your face; but, instead of shining in your face and dazzling your eyes, it will be shining upon and illuminating brilliantly the slopes of the mountains that you are going to see. In other words, in the morning the mountains are in shadow and the sun in your eyes; in the evening your eyes are shaded, and the mountains glow with brilliancy and beauty.
It is often very important to take notice thus of the manner in which the sun shines in different parts of the day, in planning excursions among the Alps.
The middle of the day is a very exciting and animating time on the quay at Geneva. It is then that the boats which left the other end of the lake in the morning are expected to arrive; and a great concourse of porters, guides, postilions, and bystanders of all sorts a.s.semble to receive the travellers. As the boats come in, it is very amusing to sit on the balconies, or at the windows of the hotels which overlook the quay, and watch the procession of tourists as they come over the plank to land. There are family groups consisting of fathers, mothers, and children, followed by porters bearing immense trunks, while they themselves are loaded with shawls, cloaks, umbrellas, and carpet bags; and parties of students, with all their travelling effects in knapsacks on their backs; and schoolboys who have been making a tour of the Alps with their teacher; and young brides, almost equally proud of their husbands, of the new dignity of their own position, and of the grandeur of an Alpine bridal tour. All these people, and the hundreds of spectators that a.s.semble to see them, fill the quay, and form a very animated and exciting spectacle.